Loading...
HomeMy WebLinkAboutJohnson County Recorder 2008Page 1 1 Res #07 -335, 28E Agreement among the City of Iowa City, Johnson County, the City of 01/02/08 Coralville, Johnson County Emergency Management Commission, and the City of North Liberty for Joint Communications Services for Johnson Comity. 2 Iowa City Board of Adjustment Decision of December 12, 2007 (1) EXC07- 00009, approval 01/03/08 for a communications transmission facility in the CC -2 zone located at 640 Highway I West, subject to compliance with the site plan and specifications regarding tower design as submitted as part of this application and the following conditions 1 -2. 3 Res #08 -29, attest a storm water detention facility easement agreement pertaining to Lot 21, 02/08/08 Highlander Development, Second Addition in Iowa City, Iowa. 4 Iowa City Board of Adjustment Decision of February 13, 2008 (1) EXC08- 00001, approve 04/08/08 a vehicle repair use in the CC -2 zone at 1021 Gilbert Court subject to submission of a site plan that shows compliance with all commercial site development standards in the zoning code, including the following...... (2) EXC08- 00004, approval of a special exception to allow 42'X 15' addition to the existing press box. (3) EXC08- 00003, approval for construction of a facility for religious /group assembly in the RS -5 zone located 4330 St Patrick Dr, subject to the following... 5 Iowa City Board of Adjustment Decision of March 13, 2008 (1) EXC08- 00005, approval for a 04/14/08 setback reduction from 10 feet to 0 feet along the Bloomington Street frontage for property located in the CO -1 zone at 500 East Market Street be approved subject to substantial compliance with the site plan submitted. Res #08 -97, attest the first amendment to the agreement for private redevelopment by and 04/22/08 between the City of Iowa City and Hieronymus Square Associates. 7 Res #08 -85, 28E Agreement for Paratransit Service between the City of Iowa City and 04/24/08 Johnson County for the period of July 1, 2008 through June 30, 2013 in substance. 8 Ord #08 -4303, rezoning approximately 17.97 acres located south of Ruppert Road from 05/02/08 Community Commercial (CC -2) to Intensive Commercial (CI -1). 9 Res 408 -109, conveyance of a skywalk easement and temporary construction easement in 05/02/08 favor of Johnson County, Iowa which skywalk is to be constructed above Benton Street between Clinton Street and Dubuque Street. 10 Iowa City Board of Adjustment Decision of May 14, 2008 (1) EXC08- 00007, approval 06/24/08 subject to substantial compliance with the site plan submitted and subject to restricting the use of the drive - through facility to the hours of 6am to midnight. (2) EXC08 -00008 approval to allow a 12, 825 square foot addition to the church building for classroom and related uses subject to submittal of a landscaping plan to bring the non - conforming parking area into compliance with current perimeter screening requirements and subject to improvements to the drainage system for the southeast portion of the parking area. Further, the Board approves an extension to the special exception making it valid for a period of (18) months. 11 Ord #08 -4307, rezoning approximately 11.7 acres of land located on Ruppert Road west of Old 06/26/08 Highway 218 from Community Commercial (CC -2) to Intensive Commercial (CI -1). 12 Ord #08 -4308, rezoning approximately 8.95 acres of land located on Ruppert Road west of Old 6/26/08 Highway 218 from Community Commercial (CC -2) to Neighborhood Public (P -1). Page 2 13 Res 408 -134, approving the final plat of the Peninsula Neighborhood Phase 2A, Iowa City 14 Res #07 -341, approving the amended preliminary and final plat of Galway Hills Subdivision Part 1V, Iowa City, Iowa. 15 Ord #07 -4295, amending a previously approved sensitive areas development plan and rezoning of approximately 10.41 acres of property located east of Highway 218 and south of Melrose Avenue. 16 Res #08 -188, approving the final plats of Galway Hills Subdivision, Parts 10 and 11 07/15/08 07/15/08 07/15/08 07/17/08 17 Ord #08 -4310, rezoning approximately 10.08 acres of land located north of Highway 6, 07/18/08 east of Scott Boulevard, and west of Commerce Drive from Intensive Commercial (CI -1) zone to Community Commercial (CC -2) zone. 18 Res #08 -212, approving the final plat of Kennedy's Waterfront Addition, Part 5, Iowa City. 07/21/08 19 Res #08 -108, approving the amended final plat of Cardinal Pointe South — Part One. 07/22/08 20 Ord #08 -4311, rezoning approximately 9.48 acres of land located south of Olive Court and 08/14/08 Learner Court and east of Marietta Avenue from medium density single family (RS -8) zone to planned development overlay (OPD -8). 21 Res #08 -247, attest a license agreement between the City of Iowa City and the University of 08/25/08 Iowa to use a portion of City streets and public rights -of -way for the installation, operation and maintenance of a telecommunications infrastructures pathways and electrical transmission system. 22 Res #08 -243, attest the third amendment to the agreement for private redevelopment by and 08/27/08 between the City of Iowa City and Developer MGD, L.C. for the redevelopment of Sycamore Mall. 23 Iowa City Board of Adjustment Decision of June 11, 2008 (1) EXC08- 00009, approval to 08/28/08 reduce the required front principal building setback from 15 feet to 7 feet for property located in the RS -8 zone at 425 Clark Street to allow construction of an open air porch subject to compliance with the elevations and site plan submitted and approved by the Historic Preservation Commission. (2) EXC08- 00010, approval to reduce the required front principal building setback from 20 feet to 0 feet for property located at 300 Kimball Road with the condition that the reduction is for the purpose of accommodating required parking only. (3) EXC08- 00011, approval to allow expansion of a religious /private group assembly use in the RNS 12 zone and to allow a special exception to waive or modify the dimensional or site development standards related to setbacks that would prevent use or occupancy to reduce the minimum parking requirements for property at 411 and 425 South Governor Sheet subject to the conditions listed on the decision. 24 Res #08 -252, releasing the obligation to install a sidewalk across Outlot D, Lindemann 09/04/08 Subdivision, Part Three, Iowa City, Iowa. 25 Res #08 -267, amending the real estate contract executed on November 21, 1995 with 09/04/08 Hawkeye Area Community Action Program (HACAP) for the sale of 1926 and 1946 Broadway, also described as Lot 2 of Block 2, Bravennen Center, Iowa City, Iowa. Page 3 26 Iowa City Board of Adjustment Decision of July 9, 2008 (1) EXC08- 00012, approval to 09/11/08 reduce the required front principal building setback from approximately 21 feet to approximately 14 feet for property located in the RS -5 zone at 907 Fifth Avenue, subject to the porch being constructed and maintained as an open -air porch. (2) EXC08- 00013, approval to allow conversion of a non - conforming Independent Group Living Use to a non- conforming Multi - Family Use located at 932 East College Street, subject to the conditions listed in the July 9, 2008 decision. 27 Ord #08 -4316, amending the conditional zoning agreement to modify the concept site plan 09/26/08 for approximately 25.16 acres of property in the Community Commercial (CC -2) zone for Westport Plaza including Wal -Mart at 855, 911 & 1001 Highway 1 West. 28 Res #08 -301, attest an agreement between the City of Iowa City and the Iowa City Community 10/09/08 School District to use a portion of City Streets and Public Rights -of -Way for the installation, operation, and maintenance of a Fiber Optic Network. 29 Res #08 -296, attest to the release of liens regarding two mortgages for the property located at 10/09/08 985 Longfellow Court, Iowa City, Iowa. 30 Iowa City Board of Adjustment Decision of September 10, 2008 (1) EXC08- 00015, approval 10/21/08 To reduce the required front principal building setback from 25 feet to 20 feet for property Located in the RS -5 (Low- Density, Single - Family) zone at 2404 Lakeside Drive, subject to the porch being constructed and maintained as an open -air porch. 31 Res #08 -316, approving and authorizing the Mayor to sign and the City Clerk to attest an 10/24/08 Agreement for walkway improvements and future license upon a pedestrian access easement located at 210 South Dubuque Sheet, Iowa City, Iowa. 32 Res #08 -323, execute and attest a Declaration of Condominium Regime for Lot 13, Longfellow 11/05/08 Manor Condominiums. 33 Res #08 -324, execute and attest a Declaration of Condominium Regime for Lot 16, Longfellow 11/05/08 Manor Condominiums. 34 Ord #08 -4320, rezoning approximately 3.87 acres of property located South of Dodge Street 11/06/08 and West of Scott Boulevard, from Research Development Park (RDP) to Commercial Office (CO -1). 35 Res 08 -334, attest the first amendment to the agreement for private redevelopment by and 12/18/08 between the City of Iowa City and developer Southgate Development Company for the redevelopment of Pepperwood Plaza. 36 Res 08 -354, for a voluntary annexation of 179 acres of property located adjacent to 420'' 12/19/08 Street, west of Taft Avenue, and for the Iowa Interstate Railroad right -of -way between Industrial Park Road and Taft Avenue. 37 Ord. #08 -4324 rezoning approximately 179 acres of land located adjacent to 420 °i Street, 12/23/08 West of Taft Avenue from County Residential (R) to Interim Development Industrial (ID-1) and for the Iowa Interstate Railroad right -of -way between Industrial Park Road and Taft Avenue from County Residential (R) to General Industrial (I1). Page 4 Page # Date 38 Ord. 08 -4325 conditionally rezoning approximately 1.69 acres of property located at the 12/23/08 Southeast corner of Camp Cardinal Boulevard and Kennedy Parkway, from Interim Development Commercial Office (ID -CO -1) to Commercial Office (CO -1). Doc ID: 021051880014 7voe: GEN Recorded: 01/02/2008 at 11:05:28 AM Fee Amt: $72.00 Paae 1 of 14 Johnson Countv Iowa Kim Painter Countv Recorder BK4248 PG716.729 f' x, STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.07 -335 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 27th clay of November, 2007, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 31st day of December, 2007. Maria . Karr City Clerk Wes 0 0 14 Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 319- 356 -5030 RESOLUTION NO. 07 -335 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CHAPTER 28E AGREEMENT AMONG THE CITY OF IOWA CITY, JOHNSON COUNTY, THE CITY OF CORALVILLE, JOHNSON COUNTY EMERGENCY MANAGEMENT COMMISSION, AND THE CITY OF NORTH LIBERTY FOR JOINT EMERGENCY COMMUNICATIONS SERVICES FOR JOHNSON COUNTY. WHEREAS, currently there are two primary systems for emergency communications in Johnson County, one run by the City of Iowa City and one run by the Johnson County Sheriff; and WHEREAS, the City of Iowa City, along with other governmental bodies, has determined it would be more efficient and better for the health, safety and welfare of all residents to create a joint emergency response communications center; and WHEREAS, Iowa Code Chapter 28E (2007) allows state and local governments to make efficient use of their resources and powers in order to provide joint services; WHEREAS, Iowa law further allows the creation of a separate legal entity for the purposes of providing joint emergency response communications services; WHEREAS, the City of Iowa City, Johnson County, the City of Coralville, the City of North Liberty, and the Johnson County Emergency Management Commission have negotiated the terms of a Joint Emergency Communications Services 28E Agreement, a copy of which is attached, for the purpose of creating a separate legal entity to conduct and manage all facets of joint emergency response;and WHEREAS, it is in the interest of the City of Iowa City to have a comprehensive and efficient emergency response communications services and to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest one (1) original of the for Joint Emergency Communications Services 28E Agreement, a copy of which is attached. 2. The City Clerk is directed to record said Agreement in the Johnson County Recorder's Office and file it in the office of the Secretary of Sate as provided in Iowa Code section 28E.8 (2007). Resolution No. 07 -335 Page 2 Passed and approved this 27th day of Novamher 12007. Li MAYOR ATTEST: CITY-CLERK Approved by City Attorney's Office Resolution No. W-335 Page 3 It was moved by Bailey and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn JOINT EMERGENCY COMMUNICATIONS SERVICES FOR JOHNSON COUNTY 28E AGREEMENT This Agreement is entered into by and among the City of Iowa City, Iowa; the City of Coralville, Iowa; the City of North Liberty, Iowa; Johnson County, Iowa; and the Johnson County Emergency Management Commission in Iowa City, Iowa (collectively, the "parties "). 1. PURPOSE AND SCOPE: The purpose of this agreement is to establish and govern the operation of joint emergency response communications services and facilities for law enforcement, fire, rescue, and emergency medical services in Johnson County, Iowa pursuant to Chapter 28E of the Iowa Code (2007), as amended. 2. DURATION: The duration of this Agreement shall be perpetual, unless terminated in the manner provided below. 3. ENTITY CREATED: There is hereby created a separate legal entity to be known as the "Joint Emergency Communications Services Association of Johnson County." The Association is composed of the parties to this Agreement. 4. GOVERNANCE: The Association shall be governed by a Policy Board. 5. POLICY BOARD OF DIRECTORS: The Policy Board of Directors shall have seven directors. Iowa City shall have two directors, Johnson County shall have two directors, Coralville shall have one director, North Liberty shall have one director, and Johnson County Emergency Management Commission shall have one director. Each director shall be either an elected official or an executive level employee and shall not be a member of the User Advisory Committee. The Emergency Management Coordinator shall be the director representing the Emergency Management Commission. Each director shall have one vote. Unless otherwise provided herein, passage of any measure requires a majority vote of the directors. Each director shall serve a two -year term, with one director from Iowa City, one director from Johnson County, and the director from North Liberty initially serving only a one -year term. 'There shall be no term limits. The directors shall not be individually liable for the debts of the Association. The Association shall defend the directors and shall save harmless and indemnify the directors against any claim arising out of an alleged act or omission occurring within the scope of their duties. The Chairperson shall rotate annually among the five parties. A director may appoint a proxy to represent the director at a Policy Board meeting, who shall have the same authority as the Policy Board director. The proxy may not be a member of the User Advisory Committee. 6. USER ADVISORY COMMITTEE: The User Advisory Committee shall advise the Executive Director and the Policy Board on operating procedures. The User Advisory Committee shall consist of one representative of each of the following: Johnson County Sheriffs Office, Iowa City Police Department, Coralville Police Department, North Liberty Police Department, University Heights Police Department, Iowa City Fire Department, Coralville Fire Department, Johnson County Ambulance Service, and Johnson County Fire Department Mutual Aid Association. Upon approval by the Policy Board, the User Advisory Committee may be increased to include non - voting members. 7. BYLAWS: The Association shall adopt bylaws to specify, at a minimum, the following information: a. The list of parties to this Agreement and the Policy Board of Directors of the Association. b. The date for the commencement of operations. c. The Association's mission. d. The Association's powers and duties. e. The manner for financing the Association and its activities and maintaining a budget therefore. f. The manner for acquiring, holding and disposing of property. g. The manner for electing or appointing officers and the terms of office of the Policy Board. h. The manner by which Policy Board director may vote. i. The manner for appointing, hiring, disciplining and terminating employees. j. The rules for conducting meetings of the Policy Board. k. Any other necessary and proper rules or procedures. The bylaws, as adopted, shall be signed by each director of the Policy Board. 8. EXECUTIVE DIRECTOR: The Policy Board shall hire an Executive Director, who shall manage the staff of the Association and shall have authority on all personnel matters. The appeal of any disciplinary action taken by the Executive Director shall be to the Policy Board, and the Policy Board may overrule the Executive Director upon a vote of five directors. The Executive Director shall develop standard operating procedures for the proposed joint emergency communications center, and although accreditation is not required, recognized accreditation standards for law enforcement and emergency services should be used as guides in developing the standard operating procedures. 9. STAFF: In addition to the Executive Director, the Association may employ such employees as it deems necessary to carry out the purpose of this Agreement and for which it has funding. The Executive Director and all Association employees shall comply with the political activity prohibitions set forth in Section 29C.16 of the Iowa Code (2007). The Executive Director and Association employees shall be considered employees of the Association, and not of any party to this Agreement. The Policy Board shall determine the personnel policies of the Association to include holidays, travel and transportation costs, rate of pay, sick leave, vacation, and health benefits. The Association may adopt existing personnel policies of any party to this Agreement in lieu of writing its own policies. 10. FINANCING: The Association shall be financed through a county -wide supplemental levy (hereinafter "the emergency management levy ") as authorized by sections 29C.9(6) and 331.424(1)0) of the Iowa Code (2007), as amended. If the General Assembly amends the Iowa Code such that the Association cannot be financed, in whole or in part, by the supplemental levy, the parties shall examine alternative financing options and amend this Agreement to provide for a new manner of financing the Association. 11. BUDGET: The Association shall develop and adopt a proposed budget of all expenses for its ensuing fiscal year (July 1 through June 30) in accordance with the provisions of Chapter 24 and section 29C.17 of the Iowa Code (2007). The Association shall submit the proposed budget to the Johnson County Emergency Management Commission no later than January 31 of each calendar year. The budgeted funds shall be transferred from the Johnson County Emergency Management Commission to the Association at least quarterly. The Association shall be the fiscal authority, and the chairperson or vice chairperson shall be the certifying official. 12. INVESTMENT OF FUNDS: The Association shall, when investing funds, comply with the provisions of sections 12B.10 through 12B.1 OC of the Iowa Code (2007) and other applicable law. 13. EMERGENCY MANAGEMENT LEVY: The Johnson County Emergency Management Commission hereby delegates all its powers to the Association with respect to the provision of joint emergency response communications services and that portion of the emergency management levy budgeted for emergency communications services and will amend its bylaws accordingly. The Johnson County Emergency Management Commission shall submit to the Johnson County Board of Supervisors a budget that includes the budget adopted by the Association. Johnson County agrees to certify the emergency management levy necessary to fund the operations of the Association as determined by the budget adopted by the Association. The Johnson County Emergency Management Commission shall transfer to the Association that portion of the emergency management levy budgeted for emergency communications services. The Johnson County Emergency Management Commission acknowledges that it retains no independent authority over the emergency management levy funds delegated herein. 14. POWERS: The Association shall be a separate legal entity exercising public and essential governmental functions to provide for the public health, safety and welfare and shall have the following specific powers, including but not limited to: a. To sue and be sued. b. To acquire, hold, use and dispose of personal property for the purposes of the Association. c. To acquire by purchase, gift, lease or otherwise, real property and easements therein, necessary or useful and convenient for the operation of the Association, subject to all liens thereon, if any, and to hold and use the same, and to dispose of property so acquired no longer necessary for the purposes of this Association. d. To construct, equip, furnish, operate and maintain a building for joint communications services and ancillary services consistent with the purpose of this Agreement. e. To make and enforce bylaws or rules and regulations for the management and operation of its business and affairs and for the use, maintenance and operation of its facilities and any other of its properties, and to annul the same. f. To do and perform any acts and things authorized by Chapters 28E and 28F of the Iowa Code (2007), as amended, by this Agreement, under, through or by means of its officers, agents and employees, or by contracts with any person or entity. g. To hire employees, fix their compensation, benefits, personnel rules and regulations, and terminate their employment. h. To accept grants, and to enter into contracts, leases, or other transactions with municipal, county, state or federal governmental entities. i. To enter into any and all contracts, execute any and all instruments, and do and perform any and all acts or things necessary, convenient or desirable for the purposes of the Association. j. To contract with and compensate consultants for professional services including but not limited to architects, engineers, planners, lawyers, accountants, and all others found necessary or useful and convenient to the stated purposes of the Association. k. To provide, consistent with Chapters 24, 28E, and 29C of the Iowa Code (2007), as amended, for a system of budgeting, accounting, auditing and reporting of all Association funds and transactions. 1. To make or cause to be made studies and surveys necessary or useful and convenient to carrying out the functions of the Association. 15. FACILITY: The City of Iowa City agrees to lease land at the Iowa City Water Treatment site to the Association at no cost for the construction and operation of a joint emergency communications center. 16. MEETINGS/RECORDS: Association business shall be conducted in compliance with Chapters 21, 22, and 28E of the Iowa Code (2007), as amended. 17. ANNUAL REPORT: The Association shall complete an annual report by March 31 beginning in 2009 for the preceding calendar year and shall distribute it to the Iowa City City Council, Coralville City Council, North Liberty City Council, Johnson County Board of Supervisors, and the Johnson County Emergency Management Commission. 18. AMENDMENT: Terms of this Agreement may be amended only by a written agreement executed by four of the five parties. 19. ADDITION OF PARTIES: A party may join the Association upon the vote of four of the five parties, and this Agreement shall be amended accordingly. 20. WITHDRAWAL OF PARTIES: Withdrawal of a party shall terminate this Agreement. A party may withdraw after four of the five parties hold public hearings before their respective governing bodies with notice published as required by section 362.3 of the Iowa Code (2007) and vote to approve the withdrawal at two meetings held at least thirty days apart. 4 21. TERMINATION /DISSOLUTION: This Agreement shall be terminated, and the Association dissolved, after four parties of the five parties hold public hearings before their respective governing bodies with notice published as required by section 362.3 of the Iowa Code (2007), and vote to terminate at two meetings held at least thirty days apart. The effective date of the termination shall be 180 days following the second vote of the fourth party to approve termination. Termination shall not relieve parties of any financial obligation incurred before the effective termination date under the terms of this Agreement. The Association shall not be dissolved when there remains any indebtedness incurred by the Association. 22. DISTRIBUTION OF PROPERTY: Upon termination of this Agreement and dissolution of the Association, the parties agree to negotiate in good faith how the assets of the Association shall be distributed. 23. NOTICES: Notice by any party on another party is effective by ordinary mail addressed to: City Clerk, City of Iowa City, 410 East Washington Street, Iowa City, IA 52240. Executive Assistant, Johnson County Board of Supervisors, 913 S. Dubuque St., Iowa City, IA 52240. City Clerk, City of Coralville, 1505 - 5 "' Street, Coralville, IA 52241. City Clerk, City of North Liberty, 5 E. Cherry Street, North Liberty, IA 52317. Emergency Management Coordinator, Johnson County Emergency Management Commission, P.O. Box 2540, Iowa City, IA 52244. 24. EXISTING FACILITIES: The parties agree that there are no suitable facilities available for rent or sharing for the construction or purchase of a joint communications center within the same general geographic area. In carrying out the provisions of this Agreement and Chapter 29C of the Iowa Code (2007), as amended, the parties further agree to utilize, to the maximum extent practicable, the services, equipment, supplies and facilities of existing departments, officers, and agencies of the state and of political subdivision at the respective levels of responsibility. 25. EFFECTIVE DATE: This Agreement shall be effective when approved and signed by the Johnson County Board of Supervisors, the City Councils of Iowa City, Coralville, and North Liberty, and the Johnson County Emergency Management Commission, and filed with the Iowa Secretary of State and the Johnson County Recorder as provided in Section 28E.8 of the Iowa Code (2007), as amended. 26. INTERPRETATION AND ENFORCEMENT: Interpretation and enforcement of the Agreement shall be in accordance with Chapter 28E of the Code of Iowa (2007), as amended, and statutes respecting the rights and responsibilities of political subdivisions. 27. REPORTS TO SECRETARY OF STATE: The Association shall submit the initial report and biennial reports to the Secretary of State in accordance with section 28E.8 of the Iowa Code (2007), as amended. 28. SEVERABILITY: If a provision shall be finally declared void or illegal by any court or administrative agency having jurisdiction over the parties to this Agreement, the entire Agreement shall not be void, but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. 29. ENTIRE AGREEMENT: This Agreement sets forth all of the covenants, promises, agreements, and conditions among the parties concerning joint emergency response communications services, and there are no other covenants, promises, agreements or conditions, either oral or written, among them. CITY OF IOWA CITY Dated this 27th day of November , 2007. By: Mayor Attest: Approved: Ci?v City lerk City Attorney's Office CffY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1-� 7 4k day of Ai uFnnlFR , 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 voluntary act and deed of said corporation, by it and by them voluntarily executed. w iw 1 Notary Public in and for the State of Iowa I CITY OF CORALVILLE Dated this Z ° tti day of Novo, b w By m mayor Attest: � •� City Clerk e n� N ` CITY OF CORALVILLE ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 2007. On this C�OtA day of ��4)r�in 2007, before me, the undersig e�� a not public in and for the State of Ior y appeared Jim L. Fausett and : °r'i J "°hn5or� notary p va personally , to me personally mown, 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 scaled on behalf of said municipal corporation by authority of its City Council; and that the said iiIayor 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. Notary Public in and for the State of Iowa, SFq� 03•/6; 09 7 JOHNSON COUNTY Dated this 0?z day of 2007. By: Pat Harney, Chairperson Johnson County Board of Supervisors Attest: uApproved: County Auditor /Design e I J nson County Att rneJ JOHNSON COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this 21�� day of N°VI18Ek 2007, before me, tt�"� RUEBe�- , a Notary Public in and for the State of Iowa, personally appeared Pat Harney, Board Chairperson and L/i5i� KOL-OC Auditor/Designee, to me personally known, and, who, being by me duly sworn, did say that they are the Board Chairperson and Auditor/Designee, respectively, of Johnson County, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of Johnson County, and that the instrument was signed and sealed on behalf of Johnson County, by authority of its Board of Supervisors, and that Harney and KODLEL acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of Johnson County, by it voluntarily executed. 9 ALa"f" Notary PubliY in and for the State of Iowa My commission expires: 1 $ - z °n g 9I Cum130942 z My co rim�OOFj spires CITY OF NORTH LIBERTY Dated this day of A)D(jy -h7 I%' t/t' 2007. `f�V By: Mayor Attest."' Approved: City clejj U City Attorney CITY OF NORTH LIBERTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY) On this d-74Nk day of NMCm b -0 r , 20� before me, a Notary Public in and for the State of Iowa, personally appeared Tom Salm, and Tracey Mulcahey to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in Resolution No. 07- ,94 _ passed by the City Council on the �1) day of L)QA fi� 2001 and that Tom Salm, and Tracey Mulcahey acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public r a for t e State of Iowa My commission expires: iConnis MARYJ.BYEF25 sion Number 146203 My Commission Expires JOHNSON COUNTY EMERGENCY MANAGEMENT Dated this i% day of� >P' Chairperson 2007. JOHNSON COUNTY EMERGENCY MANAGEMENT COMMISSION ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This instrument was acknowledged before me on NoVQ-11,y-6er to) 2007 by Donald � &k O-o yx as Chairperson of the Johnson County Emergency Management Commission. SD /misc1JtCommCtr28E I0- 23.doc Notary Publi in and for the State of Iowa My Commission expires: S— /iii� — o 1,3 =11ICKYR C 10 Goo ID: 021052700002 Tvoe: GEN Recorded: 01/03/2008 at 10:31:17 AM Fee Amt: $12.00 Pace 1 of 2 Johnson Countv Iowa Kim Painter County Recorder Q Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356 -5230 SK424 9 PG 1 ec V 7. 1 V Q V DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, 12 DECEMBER, 2007 EMMA J. HARVAT HALL 0 MEMBERS PRESENT: Carol Alexander, Ned Wood and Michael Wright _! l I MEMBERS ABSENT: Michelle Payne, Edgar Thornton STAFF PRESENT: Sara Greenwood, Sarah Walz, Emily Farber Y OTHERS PRESENT: William McNally SPECIAL EXCEPTION ITEMS: EXC07 -00009 public hearing regarding an application submitted by Iowa Wireless, LLC, for a special exception to allow a cell phone tower in the CC -2 zone at 640 Hwy 1 West. Findings of Fact: The Board finds that the subject property is in the CC -2 zone and that cell phone towers are permitted in the zone by special exception. The Board finds that the applicant has presented a coverage map demonstrating that the area to be served by the proposed cell tower has less than adequate cell phone coverage and that there are no other towers or industrial properties in the area to which cell antennas may be mounted. The Board finds that the applicant has provided a coverage map showing the anticipated improvement in cell phone service with the proposed tower in place. The Board finds that the proposed tower is a 50 -foot black monopole structure, with no guy wires, trusses or strobe lighting, and that the tower will not rely on a generator as its principle power source. The Board finds that the tower will be designed to match the color of the light poles in the parking area, and will include lights mounted at a height of 25 feet to match the lighting in the parking area. The Board finds that a 3 -foot lightning rod will be attached to the top of the pole and that the final design of the pole structure will be reviewed by the City's building department to verify its structural safety. The Board finds that the adjacent residential zone to the north, which is currently. undeveloped, is at a higher grade and that the equipment enclosure for the tell tower may be visible to residential property. The Board finds that the proposed tower will be set back 50 feet from the adjacent residential zone to the north as required by the code. The Board finds that the applicant has proposed to construct the south face of the equipment enclosure with a brick wall and that a concrete block wall will form the enclosure on its east side; the west and north sides of the enclosure will consist of chain link fence. Conclusions of Law: Based on the coverage maps, the Board concludes that the proposed tower will improve cellular service in the area. Because the adjacent residential zone is set ,at a higher grade, the Board concludes that the change in grade will act to mitigate the height of the pole as visible to the residential properties. However, the higher grade will likely make the interior of the equipment enclosure visible to the residential property thus some additional measures should be taken to screen the equipment enclosure to the west and north. The Board concludes that the proposed brick and masonry walls (on the south and east, respectively) along with less conspicuous chain -link fencing (to the north and I?,- west) and additional S3 screening recommended by staff will screen the enclosure and so such that the cell tower and its equipment should not diminish the value, use or enjoyment of surrounding property. The Board concludes that because the tower will have not use guy wires, trusses, strobe lighting, or rely on a generator as its main power source, that the tower will be relatively inconspicuous and thus should not impact the value, use or enjoyment of surrounding properties. Because the final design of the structure will be reviewed by the Building Department to verify its structural safety, and because the tower will not effect traffic or ingress and egress from the site, the Board concludes that the proposed tower will not endanger the public health, safety or general welfare. For the above reasons and because the proposed tower meets all the specific criteria in the code, the Board concludes that it will not detract or interfere with surrounding uses as contemplated by the Comprehensive Plan. Disposition: By a vote of 3 -0 the Board approves EXC07- 00009, an application for a communications transmission facility in the CC -2 zone located at 640 Highway 1 West, subject to compliance with the site plan and specifications regarding tower design as submitted as part of this application and the following conditions: 1. The west and north portions of the enclosure will be constructed of black chain link fence. 2. The west and north sides of the enclosure will be screened according to the S3 standard with vegetation that will reach a minimum height of 8 -10 feet when mature. The landscape plan should complement landscaping for the bank and is subject to planning staff approval. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, Iowa. ,vA�JVovedJ�.�u- r�7�O2,J Ch irperson City Attorney's Office /;k/03w _ STATE OF IOWA ) _C— JOHNSON COUNTY) I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of cljustRent •i Decision herein is a true and correct copy of the Decision that was passed by the ard of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of December --667, as -the same appears of record in my Office. ci? Dated at Iowa City, this 07¢ day of a-a , 20 ®r 11P !7 Marian K. Karr, City Clerk I/ Doc ID: 021076270007 TVPe: GEN Recorded: 02/08/2008 at 10:48:32 AM Fee Amt: $37.00 Pace 1 of 7 Johnson Countv Iowa Kim Painter Countv Recorder BK4260 PG793 -799 FE19 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -29 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 5th day of February, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7th day of February, 2008. Marian-K. Karr City Clerk \r-es CORPORATE SEA[ [la 02 -L(l 4 Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240, 356 -5030 RESOLUTION NO. 08 -29 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A STORM WATER DETENTION FACILITY EASEMENT AGREEMENT PERTAINING TO LOT 21, HIGHLANDER DEVELOPMENT, SECOND ADDITION IN IOWA CITY, IOWA. WHEREAS, pursuant to the Code of Ordinances of the City of Iowa City, Iowa, ADIO Investments LLC [hereinafter "Owner"] submitted a site plan for development of Lot 21, Highlander Development Second Addition in Iowa City, Iowa; and WHEREAS, under said plan, additional infrastructure was installed to service the development, and certain easement rights must be acquired to ensure the continued operation of the newly installed public infrastructure; and WHEREAS, City staff has approved the location of the newly installed public infrastructure servicing this development, as well as the associated easement agreements; and WHEREAS, the easement agreements require City Council approval; and WHEREAS, the execution of said easement agreements is in the public interest and advances the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1 The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Sewer Easement Agreement for Lot 21, Highlander Development Second Addition, Iowa City, Iowa. 2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution and to record the same with the above - referenced Easement Agreement in the Johnson County Recorder's Office at the expense of Owners. Passed and approved this 5th day of F�taary 42008. ATTEST: /// e, y( v APPROVED BY: CIT CLERK City Attorney's C CORNPORA,I F SEAL 2 r /cy Resolution No. 08 -29 Page 2 It was moved by Champion and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x x x _x — x x _x- wpdata/glossarytresolution- ic.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright n' Prepared by and Return to: Sara I.G. Hektoen, Asst. City Atty, 410 E. Washington Ave., Iowa City, IA 52241; (319)356 -5030. STORM WATER DETENTION FACILITY EASEMENT AGREEMENT PERTAINING TO LOT 21, HIGHLANDER DEVELOPMENT SECOND ADDITION IN IOWA CITY, IOWA THIS AGREEMENT, made and entered into by and between ADIO Investments, LLC (Owners), and the City of Iowa City, Iowa (the City) which expression shall include their successors in interest and assigns. R'ITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owners hereby grant and convey to the City an easement for the purposes of grading, installing, maintaining and servicing a storm water detention facility or portion thereof, and for excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits and drainage ways as the City shall from time to time elect for conveying storm water to or from such facility, with all necessary appliances and fittings for the use in connection with said lines, together with adequate protection therefore, and also a right -of -way over and across the areas designated on the Storm Water Detention Facility Easement (Exhibit "A ") attached hereto and incorporated herein and referred to herein as "easement area." Owners further grant to the City: 1. The right of ingress and egress thereto over and across the easement area. 2. The right of grading said easement area and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary in connection with the installation of easement improvements. 3. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area which now or hereafter in the opinion of the City may be a �J hazard to said easement area or which may interfere with the exercise of the rights hereunder in any manner. The City shall each promptly backfill and compact any trench made by it, and repair any damages caused by it within the easement area. The City shall indemnify Owners against loss or damage which may occur in connection with the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the storm water facility easement area. The easement granted herein shall be for storm water detention service for Lot 21 in Highlander Development Second Addition. Owners and their successors reserve the right to use said easement area for the storm water management requirements for Lot 21 of Highlander Development Second Addition and for other purposes that will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall or other structure, drill or operate any well or diminish or substantially add to the ground cover on said easement area or make any other use of the easement area that reduces the facility's capacity to detain storm water. Owners hereby covenant with the City that they are lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the storm water detention facility improvements at issue herein. Nor shall Owners be deemed acting as the City's agent during the original construction and installation of said improvements. Parties agree that the obligation to install the improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owners until completion and acceptance of such completed improvements by the City, as by law provided. The Owners shall thereafter maintain the storm water facility easement area. The maintenance shall include maintaining the groundcover, ]seeping the easement area free of debris that may interfere with the proper functioning and draining of the detention facility, and maintenance of the outlet and the outlet line within the detention facility in the easement area. The City shall have no obligation for storm water detention facility easement maintenance. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated this day of ADIO Investments, LLC Ryan Bowman, Member Christine Bow n, Member �b CITY OF IOWA CITY By Attest: Arlt 7f • �za% Regenia D.. Bailey; Marian K. Karr, City Clerk Approvedby: City Attorney's Office IIZ, /vy CORPORATE SEAL State of Iowa, County of �(�1 , ss: On this ay of l� \�, 2007, before me, a notary public for said ers state, ponally app�ared Ryan Bow an, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. JANELL LUKINS { CG" �� Commlaelon Number 739267 JOY Iesio Expires otary Public for the State of Iowa State of Iowa, County of Y AmjX , ss: On this \A16D&V day o €_XLY\llO„x-/ a1 , 2007, before me, a notary public for said state, personally ap eared Christine Bowman, to me known to be the persons named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. ��, a, JANELL LUKINS iL , �, Commission Number 739267 My Com�issio�Expires otary Public for the State of Iowa ,ow" State of Iowa, Comity of Johnson, ss: On this _ _ day of &Aa, o 200Z before me, the undersigned, a notary public for the state of Iowa, pe •sonally appeared %,en;o" D. Ba-: I.ey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 0,1%JAl SONDRAE FORT S�,a� �6 Commission Number 158781 'A My commimlon Expires Notary Public for the State of Iowa AC,0 7 \ v ' z 1 � \ S � — i 0' 25 50 100 SCALE 7 �s?a yr \6 i BEGINNING �' I 'P 'Ie S tit 440S1, \a /V P00 N° g. S 64747" W 62.23' 98724'54" W O ( /OwgtiiyFyS�F - - - - -- _ - -- N° LEGAL DESCRIPTION \ \ That part of Lot 21, Highlander Development Second Addition to Iowa City, Johnson \ \ County, Iowa described as follows: \ Commencing at the most Northerly corner of said Lot 21; \ thence South 24' 42' 48" West 62.06' feet along a Westerly line of said Lot 21 to the \ point of beginning; thence South 65' 17' 12" East thence South 23' 02' 00" East thence South 45' 14' 09" West thence South 74' 53' 35" West thence South 37' 40' 43" West thence South 16' 26' 37" West thence South 6' 47' 47" West thence North 84' 24' 54" West thence North 5' 35' 06" East thence North 24' 42' 48" East beginning, containing 0.19 acres 68.32 feet to an Easterly line of said Lot 21; 15.58 feet along said Easterly line; 19.09 feet; 46.55 feet; 30.43 feet; 68.48 feet; 62.23 feet; 19.87 feet; 124.50 feet to a Westerly line of said Lot 21; 103.68 feet along said Westerly line to the point of For the purpose of this description, the Westerly line of said Lot 21 is assumed to bear North 24' 42' 48" East. 1 OF 1 EXHIBIT 'A" STORMWATER DETENTION FACILITY EASEMENT BOWMAN CHIROPRACTIC CLINIC IOWA CITY, IOWA IEW Eft 6__ 547 OWNER ADIO INVESTMENT, LLC 4224 SUE LINDA CIRCLE IOWA CITY IA 52240 �0 ( SCHNOOR– BONIFAZI ENGINEERING & SURVEYING CONTACT PERSON: TRED SCHNOOR 320 11TH AVENUE SE, SUITE 123 CEDAR RAPIDS IA 52401 PH (319) 298 -8888 FAX (319) 298 -8889 SCHNOOR- BONIFAZI ENGINEERING & SURVEYING, LC 320 11TH AVENUE SE, STE. 123 CEDAR RAPIDS, IA 52401 (319) 298 -8888 (PHONE) (319) 298-8889 (FAX) s- b- engineering.com 0 M1 G� Ot �, SPS00`yP 5'pOQ5Q�1, chnoor onifazi I fbIErc Lnq rc �tb Doc ID: 021126330006 Tvoe: OEN Recorded: 04/08/2008 at 103932 AM Fee Amt: $32.00 Peas 1 of 6 Johnson County Iowa Kim Painter Countv Recorder SK4283 PD312.317 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) I T 1 �AdP 104 l LI CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby state that the Board of Adjustment Decision dated February 13, 2008, filed on March 31, 2008, Page 960 -964, Book 4279, contained incorrect case file numbers for Special Exception item numbers 1, 2, and 3. The attached document is a corrected version of the February 13, 1008 Iowa City Board of Adjustment Decision. Dated at Iowa City, Iowa, this 7th day of April 2008. M' W= =e 7 Marian <. Karr City Clerk CORPORAT, E SEAL N STAFF PRESENT: Sarah Holecek, Sarah Walz, Emily Farber OTHERS PRESENT: Shawn Harris, Dave Zahradnik, Kevin Monson, Greg Lacy, Rev. Rudy Juarez SPECIAL EXCEPTION ITEMS: g1J 1. EXCO0001: A public hearing regarding an application submitted by Overdrive Auto for a special exception to allow a vehicle repair use in the Community Commercial (CC -2) zone at 1021 Gilbert Street Ct. Findings of Fact: The Board finds that the subject property is located in the CC -2 zone along Gilbert Court and more than 100 feet from the nearest residential zone. The Board finds that the subject property abuts a public zone to the south and railroad tracks to the northwest. The Board finds that the neighborhood to the south and west of the subject property consists largely of vehicle repair uses and that the existing building on the property was designed for a vehicle repair use. The Board finds that there are other social service uses in the neighborhood including a Johnson County building, Salvation Army and the Crisis Center, which generate pedestrian traffic along Gilbert Court. The Board finds that the applicant has indicated that vehicles will not be stored on the property for more than the 45 -day maximum and that most vehicles will be on the lot for only 48 hours. The Board finds that the property is not currently in compliance with the commercial site development standards —that it lacks required setbacks and screening for vehicle use areas as well as appropriate curbing and a required sidewalk. The board finds that 10 -foot setbacks with screening to the S2 standard between vehicle use areas and the public right - of -way, a 5400t setback with S2 screening between parking areas and adjacent property, and screening of outdoor storage areas with S5 solid fencing with S3 landscape screening outside the fence are also required by the specific standards for the special exception. The Board finds that the applicant has proposed to insert vinyl lath into the existing 5 -6 -foot chain link fence in order to provide a solid fence screen around the storage area, which will be located toward the rear of the property. Conclusions of Law: So long as the subject property is brought into compliance with the commercial site development standards — especially the requirements to limit curb cuts, provide a sidewalk, and separate vehicle use areas from pedestrian area —the Board finds that the proposed exception will not endanger the public health, comfort, safety, or general welfare. Based on the character of the neighborhood as an important niche for vehicle repair uses, and based on the expressed commitment of the applicant to bring the property into conformance with all commercial site development standards and requirements for the v\1 .................... Doc ID: 021118680005 Tvoe: GEN Recorded: 03/31/2008 at 01,37:30 PM Fee Amt: - $27.00 Peas 1 of 5 Johnson Countv Iowa Prepared by Sarah Walz, Associate Planner, 410 E. Wasl Kim Painter County Recorder -_, n 13K4279 PG960 -964 r_= -J DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, 13 FEBRUARY 2008 e; EMMA J. HARVAT HALL MEMBERS PRESENT: Ned Wood, Michelle Payne, Edgar Thornton, Karen Leigh MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holecek, Sarah Walz, Emily Farber OTHERS PRESENT: Shawn Harris, Dave Zahradnik, Kevin Monson, Greg Lacy, Rev. Rudy Juarez SPECIAL EXCEPTION ITEMS: g1J 1. EXCO0001: A public hearing regarding an application submitted by Overdrive Auto for a special exception to allow a vehicle repair use in the Community Commercial (CC -2) zone at 1021 Gilbert Street Ct. Findings of Fact: The Board finds that the subject property is located in the CC -2 zone along Gilbert Court and more than 100 feet from the nearest residential zone. The Board finds that the subject property abuts a public zone to the south and railroad tracks to the northwest. The Board finds that the neighborhood to the south and west of the subject property consists largely of vehicle repair uses and that the existing building on the property was designed for a vehicle repair use. The Board finds that there are other social service uses in the neighborhood including a Johnson County building, Salvation Army and the Crisis Center, which generate pedestrian traffic along Gilbert Court. The Board finds that the applicant has indicated that vehicles will not be stored on the property for more than the 45 -day maximum and that most vehicles will be on the lot for only 48 hours. The Board finds that the property is not currently in compliance with the commercial site development standards —that it lacks required setbacks and screening for vehicle use areas as well as appropriate curbing and a required sidewalk. The board finds that 10 -foot setbacks with screening to the S2 standard between vehicle use areas and the public right - of -way, a 5400t setback with S2 screening between parking areas and adjacent property, and screening of outdoor storage areas with S5 solid fencing with S3 landscape screening outside the fence are also required by the specific standards for the special exception. The Board finds that the applicant has proposed to insert vinyl lath into the existing 5 -6 -foot chain link fence in order to provide a solid fence screen around the storage area, which will be located toward the rear of the property. Conclusions of Law: So long as the subject property is brought into compliance with the commercial site development standards — especially the requirements to limit curb cuts, provide a sidewalk, and separate vehicle use areas from pedestrian area —the Board finds that the proposed exception will not endanger the public health, comfort, safety, or general welfare. Based on the character of the neighborhood as an important niche for vehicle repair uses, and based on the expressed commitment of the applicant to bring the property into conformance with all commercial site development standards and requirements for the v\1 special exception, the Board concludes that the proposed special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not impair property values in the neighborhood,. nor will it impede the normal and orderly development of surrounding property for uses permitted in the district. The Board concludes that the lath fencing proposed by the applicant is appropriate to meet the S5 screening standard for an outdoor storage area in this location. The Board concludes that due to activities associated with the railroad, vegetation is unlikely to thrive along the rear property line and therefore waives the requirement for S3 landscape screening in this area. The Board concludes that by bringing the curb cuts and sidewalks into conformance with the code requirements the applicant will have taken adequate measures to provide ingress and egress designed to minimize traffic congestion and that adequate utilities, access roads, drainage and other necessary facilities are already in place. The Board concludes that by bringing the property into compliance with the commercial site development standards and the specific criteria for screening vehicle use and storage areas that the special exception will conform to all applicable regulations for the zone in which it is located. The Board concludes that all other aspects of the proposal will be reviewed by the building department to ensure compliance with the zoning code. The Board concludes that the Comprehensive Plan supports the location of such uses in commercial zones provided that they meet the criteria in the code, and that this particular neighborhood, south of Kirkwood Avenue and north of Gilbert Street, is an established niche for such uses. Disposition: By a vote of 4 -0 the Board approves a vehicle repair use in the CC -2 zone at 1021 Gilbert Court subject to submission of a site plan that shows compliance with all commercial site development standards in the zoning code, including the following • Compliance with all required setbacks and S2 screening to separate parking areas, drives and aisles form the public right -of -way and abutting properties. Planters must be approved by the City Forester to assure appropriate depth and drainage. • Compliance with the 5 -6 foot solid fence as proposed by the applicant to screen the outdoor storage area from abutting properties to the south and west and required S3 landscape screening outside the fence along the south property line. (83 screening waived along the west property line.) • Compliance with access standards (curb cuts) to control vehicle access to the property. • Construction of the required north -south sidewalk within the right -of -way as well as a designated pedestrian access to the building from the public right -of way • Compliance with off - street parking design standards. U • A performance guarantee to insure that all required improvements coi s4red -gs part of this exception process are installed in a timely manner. C� -!-? -- . T z, t_ IX 2. EXC0�- 0000 —A public hearing regarding an application submitted Regina High School for a special exception to allow expansion of a school facility in the Low Density Single Family Residential (RS -5) zone located at 2150 Rochester Avenue. Findings of Fact: The Board finds that the subject property is located in the RS -5 zone and that all expansions to school facilities of more than 500 square feet require a special exception. The Board finds that the proposed expansion is for a 630 square foot press box addition and that the subject property on which the facility is located consists of more than 37 acres. The Board finds that the press box is located behind the school building and will not be visible from the public street. The Board finds that the existing press box and proposed addition do not exceed the 35 -foot maximum height standards for the zone and, being more than 300 feet from neighboring residential property, exceeds all required setbacks for the use. Conclusions of Law: Based on the location and limited size of the proposed expansion, the Board concludes that the proposed use will be compatible with adjacent uses and will not have significant adverse affects on the livability of the nearby residential uses due to noise, glare from lights, late night operations, odors and litter. For these same reasons and because the addition will not generate additional traffic or alter the basic use of the site, the board concludes that the proposed use will not be detrimental to or endanger the public health, safety, comfort, or general welfare and will not be injurious to the use and enjoyment of other property in the vicinity, nor diminish or impair property values in the neighborhood nor impede the normal and orderly development and improvement of surrounding property. The Board concludes that all adequate utilities, access roads, drainage and other necessary facilities are already in place and that the proposed exception will have no impact on ingress and egress from the site. The Board concludes that the proposed expansion is compatible with the Comprehensive Plan, which allows educational facilities in residential zones so long as they are designed to be compatible with surrounding uses. Disposition: By a vote of 4 -0 the Board approves a special exception to allow 42' x 15' addition to the existing press box. Vi 3.. EXC08- 00003: A public hearing regarding an application submitted St. Patrick'sChurdf -for a special exception to allow for special exception to allow construction of a chu4 f r property in the Low Density Single Family Residential (RS -5) zone located at 43 i0t. Patrick Drive. Findings of Fact: The Board finds that the subject property is located in the RS -5 zoj�e. Thy Board finds that the property has access from a collector street (St. Patrick Drive }q the t. , south and will likely have secondary access via a public street to be built at some Win the future along the church's north property line. The Board finds that the propose d'church' ' structure will be 47.5 feet high with a bell tower of 113 -feet in height. The Board finds that the proposed site plan for the church shows building setbacks in considerable excess of what is required by code. The Board finds that the site plan for the church shows two parking areas with a total of 160 parking spaces, which is the minimum parking required based on the square footage of the main sanctuary. The board finds that the site plan meets the required side setbacks for the parking areas (20 feet), that the parking areas are set behind the front plane of the building (140 feet back from the front property line), and that all required landscape screening for the parking areas is shown. Conclusions of Law: Because the church has appropriate vehicle access, substantially exceeds building setback requirements, meets or exceeds all setbacks for parking areas, has limited the size of its parking areas, and provided all required screening for the parking areas, the Board concludes that the proposed use is designed to be compatible with adjacent uses. The Board concludes that by dividing the parking into two separate areas on each side of the church, by setting the parking areas behind the front plane of the building (with its substantial front and rear setbacks), and providing all required setbacks and landscape screening for the parking areas, that the parking will not detract from the residential character of the neighborhood and that it meets the multi - family site development standards for location of surface parking. For the same reasons, the Board concludes that the proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, or late -night operations, and that the proposed use is not by nature one that would generate odors or litter. For all the reasons cited above, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, and general welfare; and will not be injurious to the use and enjoyment of other property in the vicinity, and will not diminish or impair property values. For all the reasons cited above, and because the site plan for the church has dedicated right -of -way for public streets at both its north and south boundaries and an east -west pedestrian easement and sidewalk across the property, and because the church faces onto the public square the church site is consistent with the Comprehensive Plan and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Because the Church provides its main access via a collector street, and has committed to building secondary access via a future street located to the north of the property at such time as the new road is developed by the City, the Board concludes that adequate vehicle access roads are in place and adequate measures have been taken to minimize congestion on public streets. The Board concludes that the proposed use meets the requirements of the RS -5 zone and that through final site plan review the applicant will be required to demonstrate compliance with all other regulations in the zoning code, including but not limited to stormwater drainage and lighting. Disposition: By a vote of 4 -0 the Board approves the application for construction of a facility for religious /group assembly in the RS -5 zone located at 4330 St, Patrick Drive, subject to the following conditions: 1. substantial compliance with the site plan and elevations submitted, and 2. dedication of rights -of -way and the pedestrian access easement as described in the CZA, prior to issuance of a building permit. 3. compliance with all other elements of the CZA. �X TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C- 1 E, City of Iowa City, Iowa. Au lx�j Ned Wood, Chairperson STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13th day of February, 2008, as the same appears of record in my Office. Dated at Iowa City, this J % day of % _ , 2009 CO — RPORATE SEAL Mr a` k v Karr, Doc ID: 021118680005 Tvoe: GEN Recorded: 03/31/2008 at 01:37:30 PM Fee Amt: $27.00 Pace 1 of 5 _ Prepared b Sarah Walz, Associate Planner, 410 E. West Johnson County Iowa ( ) P Y Kim Painter County Recorder DECISION BK4279 PG960.964 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, 13 FEBRUARY 2008 _' 1 EMMA J. HARVAT HALL FEE MEMBERS PRESENT: Ned Wood, Michelle Payne, Edgar Thornton, Karen Leigh MEMBERS ABSENT: None. STAFF PRESENT: Sarah Holecek, Sarah Walz, Emily Farber OTHERS PRESENT: Shawn Harris, Dave Zahradnik, Kevin Monson, Greg Lacy, Rev. Rudy Juarez SPECIAL EXCEPTION ITEMS: 1. EXC00- 00001: A public hearing regarding an application submitted by Overdrive Auto for a special exception to allow a vehicle repair use in the Community Commercial (CC -2) zone at 1021 Gilbert Street Ct. Findings of Fact: The Board finds that the subject property is located in the CC -2 zone along Gilbert Court and more than 100 feet from the nearest residential zone. The Board finds that the subject property abuts a public zone to the south and railroad tracks to the northwest. The Board finds that the neighborhood to the south and west of the subject property consists largely of vehicle repair uses and that the existing building on the property was designed for a vehicle repair use. The Board finds that there are other social service uses in the neighborhood including a Johnson County building, Salvation Army and the Crisis Center, which generate pedestrian traffic along Gilbert Court. The Board finds that the applicant has indicated that vehicles will not be stored on the property for more than the 45 -day maximum and that most vehicles will be on the lot for only 48 hours. The Board finds that the property is not currently in compliance with the commercial site development standards —that it lacks required setbacks and screening for vehicle use areas as well as appropriate curbing and a required sidewalk. The board finds that 10 -foot setbacks with screening to the S2 standard between vehicle use areas and the public right - of -way, a 5 -foot setback with S2 screening between parking areas and adjacent property, and screening of outdoor storage areas with S5 solid fencing with S3 landscape screening outside the fence are also required by the specific standards for the special exception. The Board finds that the applicant has proposed to insert vinyl lath into the existing 5 -6 -foot chain link fence in order to provide a solid fence screen around the storage area, which will be located toward the rear of the property. Conclusions of Law: So long as the subject property is brought into compliance with the commercial site development standards — especially the requirements to limit curb cuts, provide a sidewalk, and separate vehicle use areas from pedestrian area —the Board finds that the proposed exception will not endanger the public health, comfort, safety, or general welfare. Based on the character of the neighborhood as an important niche for vehicle repair uses, and based on the expressed commitment of the applicant to bring the property into conformance with all commercial site development standards and requirements for the a special exception, the Board concludes that the proposed special exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not impair property values in the neighborhood,. nor will it impede the normal and orderly development of surrounding property for uses permitted in the district. The Board concludes that the lath fencing proposed by the applicant is appropriate to meet the S5 screening standard for an outdoor storage area in this location. The Board concludes that due to activities associated with the railroad, vegetation is unlikely to thrive along the rear property line and therefore waives the requirement for S3 landscape screening in this area. The Board concludes that by bringing the curb cuts and sidewalks into conformance with the code requirements the applicant will have taken adequate measures to provide ingress and egress designed to minimize traffic congestion and that adequate utilities, access roads, drainage and other necessary facilities are already in place. The Board concludes that by bringing the property into compliance with the commercial site development standards and the specific criteria for screening vehicle use and storage areas that the special exception will conform to all applicable regulations for the zone in which it is located. The Board concludes that all other aspects of the proposal will be reviewed by the building department to ensure compliance with the zoning code. The Board concludes that the Comprehensive Plan supports the location of such uses in commercial zones provided that they meet the criteria in the code, and that this particular neighborhood, south of Kirkwood Avenue and north of Gilbert Street, is an established niche for such uses. Disposition: By a vote of 4 -0 the Board approves a vehicle repair use in the CC -2 zone at 1021 Gilbert Court subject to submission of a site plan that shows compliance with all commercial site development standards in the zoning code, including the following • Compliance with all required setbacks and S2 screening to separate parking areas, drives and aisles form the public right -of -way and abutting properties. Planters must be approved by the City Forester to assure appropriate depth and drainage. • Compliance with the 5 -6 foot solid fence as proposed by the applicant to screen the outdoor storage area from abutting properties to the south and west and required S3 landscape screening outside the fence along the south property line. (S3 screening waived along the west property line.) • Compliance with access standards (curb cuts) to control vehicle access to the property. • Construction of the required north -south sidewalk within the right -of -way as well as a designated pedestrian access to the building from the public right -of way • Compliance with off - street parking design standards. G _;- � • A performance guarantee to insure that all required improvements considered' -s part of this exception process are installed in a timely manner. U 2. EXC00 -0000 —A public hearing regarding an application submitted Regina High School for a special exception to allow expansion of a school facility in the Low Density Single Family Residential (RS -5) zone located at 2150 Rochester Avenue. Findings of Fact: The Board finds that the subject property is located in the RS -5 zone and that all expansions to school facilities of more than 500 square feet require a special exception. The Board finds that the proposed expansion is for a 630 square foot press box addition and that the subject property on which the facility is located consists of more than 37 acres. The Board finds that the press box is located behind the school building and will not be visible from the public street. The Board finds that the existing press box and proposed addition do not exceed the 35 -foot maximum height standards for the zone and, being more than 300 feet from neighboring residential property, exceeds all required setbacks for the use. Conclusions of Law: Based on the location and limited size of the proposed expansion, the Board concludes that the proposed use will be compatible with adjacent uses and will not have significant adverse affects on the livability of the nearby residential uses due to noise, glare from lights, late night operations, odors and litter. For these same reasons and because the addition will not generate additional traffic or alter the basic use of the site, the board concludes that the proposed use will not be detrimental to or endanger the public health, safety, comfort, or general welfare and will not be injurious to the use and enjoyment of other property in the vicinity, nor diminish or impair property values in the neighborhood nor impede the normal and orderly development and improvement of surrounding property. The Board concludes that all adequate utilities, access roads, drainage and other necessary facilities are already in place and that the proposed exception will have no impact on ingress and egress from the site. The Board concludes that the proposed expansion is compatible with the Comprehensive Plan, which allows educational facilities in residential zones so long as they are designed to be compatible with surrounding uses. Disposition: By a vote of 4 -0 the Board approves a special exception to allow 42'x 15' addition to the existing press box. 3. EXC08 -00003. A public hearing regarding an application submitted St. Patrick'&Churolfor a special exception to allow for special exception to allow construction of a chui�clh,f r - - property in the Low Density Single Family Residential (RS -5) zone located at 43 OO$t. Patrick Drive. Findings of Fact: The Board finds that the subject property is located in the RS -5 =2one. The Board finds that the property has access from a collector street (St. Patrick Drive)-16 the south and will likely have secondary access via a public street to be built at some point in the future along the church's north property line, The Board finds that the proposed' church,-, - structure will be 47.5 feet high with a bell tower of 113 -feet in height. The Board finds that the proposed site plan for the church shows building setbacks in considerable excess of what is required by code. The Board finds that the site plan for the church shows two parking areas with a total of 160 parking spaces, which is the minimum parking required based on the square footage of the main sanctuary. The board finds that the site plan meets the required side setbacks for the parking areas (20 feet), that the parking areas are set behind the front plane of the building X (140 feet back from the front property line), and that all required landscape screening for the parking areas is shown. Conclusions of Law: Because the church has appropriate vehicle access, substantially exceeds building setback requirements, meets or exceeds all setbacks for parking areas, has limited the size of its parking areas, and provided all required screening for the parking areas, the Board concludes that the proposed use is designed to be compatible with adjacent uses. The Board concludes that by dividing the parking into two separate areas on each side of the church, by setting the parking areas behind the front plane of the building (with its substantial front and rear setbacks), and providing all required setbacks and landscape screening for the parking areas, that the parking will not detract from the residential character of the neighborhood and that it meets the multi - family site development standards for location of surface parking. For the same reasons, the Board concludes that the proposed use will not have significant adverse effects on the livability of nearby residential uses due to noise, glare from lights, or late -night operations, and that the proposed use is not by nature one that would generate odors or litter. For all the reasons cited above, the Board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort, and general welfare; and will not be injurious to the use and enjoyment of other property in the vicinity, and will not diminish or impair property values. For all the reasons cited above, and because the site plan for the church has dedicated right -of -way for public streets at both its north and south boundaries and an east -west pedestrian easement and sidewalk across the property, and because the church faces onto the public square the church site is consistent with the Comprehensive Plan and will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. Because the Church provides its main access via a collector street, and has committed to building secondary access via a future street located to the north of the property at such time as the new road is developed by the City, the Board concludes that adequate vehicle access roads are in place and adequate measures have been taken to minimize congestion on public streets. The Board concludes that the proposed use meets the requirements of the RS -5 zone and that through final site plan review the applicant will be required to demonstrate compliance with all other regulations in the zoning code, including but not limited to stormwater drainage and lighting. Disposition: By a vote of 4 -0 the Board approves the application for construction of a facility for religious /group assembly in the RS -5 zone located at 4330 St. Patrick Drive, subject to the following conditions: 1. substantial compliance with the site plan and elevations submitted, and 2. dedication of rights -of -way and the pedestrian CZA, prior to issuance of a building permit. 3. compliance with all other elements of the CZA. access easement as described in the:: it , TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C- 1 E, City of Iowa City, Iowa. A 10i /� In; Ned Wood,"Chairperson STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 13th day of February, 2008, as the same appears of record in my Office. Dated at Iowa City, this 1� 7 day of % c _, , 20 v9' '. PORATE SEAL M K. Karr, City Av a l Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MARCH 13, 2008 EMMA J. HARVAT HALL MEMBERS PRESENT: Michelle Payne, Edgar Thornton, Ned Wood MEMBERS ABSENT: Karen Leigh (recused) STAFF PRESENT: Sarah Holecek, Sarah Walz OTHERS PRESENT: Bob Miller SPECIAL EXCEPTION ITEMS: Doc ID: Recorded: 04/14/20080atT11:41:33 AM Fee Amt: 512.00 Johnson county IoPnage 1 of 2 a Kim Painter County Recorder BK4285 Po826 -827 (- n, 0 v3 '-J 1. EXCO8 -00005 public hearing regarding an application by Mercy Hospital for a special exception to reduce the principal building setback from 10 feet to 0 feet on the north side of the property, located in the CO -1 zone at 500 East Market Street. Findings of Fact: The Board finds that the Mercy Hospital building is the only structure along this frontage and that it extends for nearly the entire two block frontage (approx. 600 feet) along Bloomington Street, between Gilbert and South Johnson Streets). The Board finds that the hospital's architect has indicated that the interior of the building may not be retrofitted to accommodate the larger elevator, which is required in order to meet International Building Code and Life Safety Code requirements. The Board finds that the property line is approximately 4 feet from the existing sidewalk and that the addition, including covered stair and entrance, will be approximately 40 -45 feet long. The Board finds that the majority of the hospital building is set 9 feet from the property line. The Board finds that the Bloomington Street right -of -way is a wide right of way, approximately 80 feet, and that the addition proposed is to be located close to the intersection with Van Buren Street, which is also an 80 -foot right -of -way. The Board finds that all but one of the properties across the street from the hospital are also in the CO -1 zone. The board finds that the subject entrance to the building is a secondary entrance and that the proposed modifications to the building addition will not alter the amount of traffic or general use of the subject entrance for the hospital. The Board finds that a final site plan must be approved by the building department to ensure that all lighting and other features of the addition meet standards of the zoning code. The board finds that the Comprehensive Plan recognizes Mercy Hospital as an important institutional use in the community but acknowledges conflicts due to parking demand generated by the use. Conclusions of Law: Because the 600 -foot long hospital structure is the only building on the two -block frontage of Bloomington Street and is located within the 10 -foot setback, and because the building cannot be retrofitted to accommodate the required elevator, the Board concludes that the situation is peculiar to the property and that there is practical difficulty complying with the setback standards. For these same reasons and because the addition will not alter the use of this entrance or generate additional traffic around this entrance to the hospital, and because the proposed addition represents only a small portion of the building, and because the Bloomington Street right -of -way is a wide right -of -way, the Board concludes the special exception will not be contrary to the purpose of the setback regulations; will not be detrimental to or endanger the public health, safety, comfort or general welfare; nor will it be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values nor impede the normal and orderly development of surrounding property for uses permitted in the zone. The board concludes that adequate utilities and access roads are already provided to the site and that no additional measures are needed to provide ingress and egress to the site as the new addition will not alter the use or traffic generated by the site and is consistent with the Comprehensive Plan. The board concludes that all other aspects of the proposal not discussed in this hearing will be reviewed by the building department for compliance with the code. Disposition: By a vote of 3 -0 the Board approves EXC08- 00005, an application for a setback reduction from 10 feet to 0 feet along the Bloomington Street frontage for property located in the CO -1 zone at 500 East Market Street be approved subject to substantial compliance with the site plan submitted. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14- 8C -1E, City of Iowa City, Iowa. F �. /I ... STATE OF IOWA w I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of-Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 12th day of March, 2008, as the same appears of record in my Office. Dated at Iowa City, this /y day of L —U-e- 20 eV Ma &n K. Karr, City Clerk 6 -fee. IIIIIIIIIIIIIIIIIIIIIII�IIIIIIIIIIII�IIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII Doc ID: 02!139870008 Tvoe: DEN Fee oAMt: 42/00 /Pace it of 082850 AM Johnson Count, Iowa Kim Painter Countv Recorder BK4289 Pa281 "288 STATE OF IOWA ) ) SS JOHNSON COUNTY ) r.P —Z.. a 4 CITY OF IOWA CITY I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -97 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 14th day of April, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 18th day of April, 2008. ��r �r�� � • 7C�r.�r� Mar n K. Karr City Clerk fires 0 o -4 -s 14 Prepared by: Wendy Ford, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5248 NMENWWNEA RESOLUTION NO. 08 -97 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HIERONYMUS SQUARE ASSOCIATES WHEREAS, Resolution 06 -320 approved an Agreement for Private Redevelopment (the "Agreement ") by and Between the City of Iowa City and Hieronymus Square Associates (the Developer) within the City- University Project I Urban Renewal Area which provided for tax rebates to the Developer upon completion of a $40 million project with specified minimum improvements along with the payment of all property taxes associated with the project; and WHEREAS, under said Resolution, the Council determined that the Agreement is in the best interests of the City and its residents and that the performance by the City of its obligations thereunder is a public undertaking in furtherance of the City- University Project I Urban Renewal Plan and, further, that the Agreement and the City's performance thereunder is in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code; and WHEREAS, the Developer received construction bids for building the project that exceeded initial estimates by approximately twenty - percent (20 %), making the financial risk to start the project greater than the originally projected return, therefore requiring additional time to further evaluate said project; and WHEREAS, the Developer maintains the original intent to construct a building of essentially the same size, scope and architectural significance as originally planned; and WHEREAS, the City Council supports activities which promote and facilitate economic development within Iowa City and the City Council Economic Development Committee has recommended approval of an amendment to the agreement that extends the construction start date, completion date and associated first tax rebate date as being in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: a) To authorize an extension of the construction start date, completion date and associated first tax rebate date by one year, to May 1, 2009, December 1, 2011 and June 1, 2014, respectively. b) The Mayor is authorized to execute and the City Clerk to attest and record, at the Developer's expense, this Resolution and the First Amendment to the Agreement for Private Redevelopment By and Between the City of Iowa City and Hieronymus Square Associates attached hereto and incorporated herein. Passed and approved this 14th day of ATTEST: 4,_tc - c CIT LERK 0 U Resolution No. 08-97 Page g It was moved by nrnnnnal i and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: x_ x —x — x x wpdata/gIoswyIresoluUon- ic.dcc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright 0 Prep'd by: Sarah Holecek, First Asst. City Ally, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND HIERONYMUS SQUARE ASSOCIATES WHEREAS, Resolution 06 -320 approved an Agreement for Private Redevelopment (the "Agreement ") by and Between the City of Iowa City and Hieronymus Square Associates (the Developer) within the City- University Project I Urban Renewal Area which provided for tax rebates to the Developer upon completion of a $40 million project with specified minimum improvements along with the payment of all property taxes associated with the project; and WHEREAS, under said Resolution, the Council determined that the Agreement was in the best interests of the City and its residents and that the performance by the City of its obligations thereunder was a public undertaking in furtherance of the City- University Project I Urban Renewal Plan and, further, that the Agreement and the City's performance thereunder was in furtherance of appropriate economic development activities and objectives of the City within the meaning of Chapters 403 and 15A of the Iowa Code; and WHEREAS, the Developer received construction bids for building the project that exceeded initial estimates by approximately twenty - percent (20 %), making the financial risk to start the project greater than the originally projected return, therefore requiring additional time to further evaluate said project; and WHEREAS, the Developer maintains the original intent to construct a building of essentially the same size, scope and architectural significance as originally planned; and WHEREAS, the City Council supports activities which promote and facilitate economic development within Iowa City and the City Council Economic Development Committee has recommended approval of an amendment to the agreement that extends the construction start date, completion date and associated first tax rebate date as being in the public interest; and WHEREAS, the parties acknowledge and agree that all other terms of the original Agreement shall remain the same. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. The Agreement for Private Redevelopment by and between the City of Iowa City, Iowa and Hieronymus Square Associates, recorded at Book 4178, Page 610, Records of the Recorder of Johnson County, Iowa is hereby amended to as follows: Article III, Section 3.1, Minimum Improvements, is hereby amended to read in its entirety as follows: I The Developer agrees to complete Minimum Improvements generally consisting of the construction of a $40 million 12 -story mixed use approximate 200,000 square foot building and all related site and streetscape elements on the Development Property, all as more fully described on Exhibit B hereto. Construction of the Minimum Improvements shall commence no later than May 1, 2009 and shall be completed by December 1, 2011 and the $40 million capital investment in Minimum Improvements shall be verified via the construction contract. Developer agrees to use best efforts to establish a viable hotel in the project. Best efforts require that the space be built out to enable a functioning hotel with an option for apartments if hotel option does not succeed, pursuant to Exhibit B and that construction plans show such. The Developer shall submit all exterior changes or new construction requiring a building permit for review and approval by the City Staff Design Review Committee. Pursuant to this Development Agreement, the Developer shall submit a site plan for approval by the City Manager, or his /her designee, which includes all site and streetscape improvements. The Staff Design Review Committee will review the project under a Level II review under Chapter 3, Article C. Design Review of the Zoning Code, City of Iowa City within seven (7) working days of receipt of the design plans by the Director of Planning & Community Development. Additional criteria specific to this Project include, but are not limited to: • Appropriate building articulation at the street level • Multiple entries along Burlington and Clinton streets • Seamless integration of the private spaces at the street level with the public sidewalk • Streetscape improvements including textured concrete, plantings, and street furniture, as approved by the City. During the term of this Agreement as established in Section 12.8, any proposed new construction on the Development Property shall be subject to approval by the Design Review Committee before the issuance of any building permit. Article VI, Section 6.7, Annual Certification, is hereby amended to read in its entirety as follows: To assist the City in monitoring the performance of the Developer hereunder, a duly authorized officer of the Developer shall annually provide to the City: (a) a written statement from the County Auditor showing the amount of Tax Increments (as defined in Section 1.1 of this Agreement) in respect of the Minimum Improvements (excluding increases in assessed or actual value due to market factors) for the following fiscal year; (b) proof that all ad valorem taxes on the Development Property have been paid for the prior fiscal year; and (c) certification that such officer has re- examined the terms and provisions of this Agreement and that at the date of such certificate, and during the preceding twelve (12) months, the Developer is not, or was not, in default in the fulfillment of any of the terms and conditions of this Agreement and that no Event of Default (or event which, with the lapse of time or the giving of notice, or both, would become an Event of Default) is occurring or has occurred as of the date of such certificate or during such period, or if the signer is aware of any such default, event or f Event of Default, said officer shall disclose in such statement the nature thereof, its period of existence and what action, if any, has been taken or is proposed to be taken with respect thereto. Such statement, proof and certificate shall be provided not later than November 1 of each year, commencing no later than November 1, 2012, and ending on November 1, 2023 both dates inclusive. Upon the first December 1 certification, the City will use the January 1 assessment on the Development Property to calculate an annual increment from the following schedule: for November /December Certifications in Cit uses January Assessment from 2011 2008 2012 2009 Prior to November 1 in the year of the first certification, the Developer shall submit the lease plan for the Development Property, with the gross leasable floor space calculation to the City. Article VIII, Section 8.1, Economic Development Grants, subparagraph (a), is hereby amended to read in its entirety as follows: (a) For and in consideration of the obligations being assumed by the Developer hereunder, and in furtherance of the goals and objectives of the Urban Renewal Plan for the Project Area and the Urban Renewal Act, the City agrees, subject to the Developer having received a Certificate of Completion and being and remaining in compliance with the terms of this Agreement and to the terms of this Article VIII, to assume an obligation to make up to thirteen (13) consecutive annual payments to the Developer commencing no later than June 1, 2014 and ending on June 1, 2024, pursuant to Section 403.9 of the Urban Renewal Act, equal in amounts to one hundred percent (100 %) per fiscal year of the Tax Increments collected by the City with respect to the Minimum Improvements on the Development Property under the terms of the Ordinance (without regard to any averaging that may otherwise be utilized under Section 403.19(6) and excluding any interest that may accrue thereon prior to payment to the Developer) during the preceding twelve -month period in respect of the Development Property and the Minimum Improvements, but subject to adjustment and conditions precedent as provided in this Article (such payments being referred to collectively as the "Economic Development Grants "). 2. The parties hereto acknowledge and agree that only the specific dates and /or deadlines outlined in this First Amendment to the Agreement for Private Development by and between the City of Iowa City, Iowa and Hieronymus Square Associates have been modified by this Amendment, and all other terms and conditions outlined in the Agreement for Private Redevelopment shall continue in full force and effect. DATED this. 4 4iN day of APR It- 2008. 3 U M (SEAL) CITY OF IOWA CITY, IOWA By: IV yor ATTIE T By: tears Y' City erk HIERO US SQUA ASSOCIATES By: _ us Square -wAJ'/\-- - cha I Hodg Principal Hieronymus Q14uare Associates ATTEST: By: (title) 0 M1 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) On this i I A day of -Ama , 2008, before me a Notary Public in and for said County, personally appeared Regenia D. Bailey and Marian Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. a SONDRAEFORT fo Commission Coo Number 159791 M Commission Ex ices �,ye °W s �°° Notary Public in and for Johnson County, Iowa STATE OF Syw a ) SS COUNTY OF jA-'-oN ) On this 1) day of �•` 2008, before me the undersigned, Notary Public in and for said County, in said State, personally appeared John Hieronymus and Michael Hodge, principals of Hieronymus Square Associates, to me personally known, who, being by me duly sworn, did say that the execution of said instrument to be the voluntary act and deed, by each of them voluntarily executed. p KEVIN i y ComDN DIGMANN 8 866 mission ' Notary Public Aa or Dh, C� —4 My commission Expires 2 -0b -v i 5 V .�or,o Michael A. Mauro N5� ... 4' Secretary of State °f spa y° State of Iowa raxr or FILED 28 Agreement M500610 LL 4/30/2008 9:28:45 AM 0 PLEASE READ INSTRUCTIONS ON BACK BEFORE COMPLETING THIS FORM Item 1. The full legal name, organization type and county of each participant to this agreement are: 'Later -uinerI it not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one service Code and Description) Code Number service Description Item 3. The purpose of this agreement is: (please be specific) Paralransit Service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013 ( #08 -85) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires ZIndefinite Duration [mmlddlyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO m YES Filing # of the agreement: M021474 (Use the filing number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: w sos state is us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Administrative Secretary Department Administrative Secretary Email kellie- tutlle(�)iowa- city.orq Phone 319 - 356 -5043 Full Legal Name Organization Type 'County Party 1 City of Iowa City City Johnson Party 2 Johnson County County Johnson Party 3 Party 4 Party 5 'Later -uinerI it not in Iowa Item 2. The type of Public Service included in this agreement is: 410 Public Transit (Enter only one service Code and Description) Code Number service Description Item 3. The purpose of this agreement is: (please be specific) Paralransit Service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013 ( #08 -85) Item 4. The duration of this agreement is: (check one) ❑Agreement Expires ZIndefinite Duration [mmlddlyyyy] Item 5. Does this agreement amend or renew an existing agreement? (check one) ❑ NO m YES Filing # of the agreement: M021474 (Use the filing number of the most recent version fled for this agreement) The filing number of the agreement may be found by searching the 28E database at: w sos state is us /28E. Item 6. Attach two copies of the agreement to this form if not filing online. Item 7. The primary contact for further information regarding this agreement is: (optional) LAST Name FIRST Name Title Administrative Secretary Department Administrative Secretary Email kellie- tutlle(�)iowa- city.orq Phone 319 - 356 -5043 Doc ID: 021142550014 Tvoe: GEN Recorded: 04/24/2008 at 02:07:54 PM Fee Amt: 80.00 Peas 1 of 14 Johnson Countv Iowa Kim Painter Countv Recorder BK4290 Po503.516 Prepared by: Joe Fowler, Parking & Transit, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5156 RESOLUTION NO. 08 -85 RESOLUTION APPROVING A PROPOSED 28 -E AGREEMENT FOR PARATRANSIT SERVICE BETWEEN THE CITY OF IOWA CITY AND JOHNSON COUNTY FOR THE PERIOD OF JULY 1, 2008 THROUGH JUNE 30, 2013, IN SUBSTANCE, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT INCORPORATING THE TERMS OF SAID PROPOSAL. WHEREAS, there was a previous 28 -E Agreement for paratransit service between the City of Iowa City and Johnson County; and WHEREAS, representatives of the City of Iowa City and Johnson County have negotiated a 28 -E Agreement for paratransit service for the period of July 1, 2008 through June 30, 2013, a copy of said proposed agreement being attached hereto and incorporated herein by reference. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The terms of the proposed 28 -E Agreement for paratransit service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013, attached hereto and incorporated herein by reference, are hereby approved in substance. 2. The Mayor and City Clerk are hereby authorized and directed to execute a 28 -E Agreement for paratransit service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013, which incorporates the terms of the attached proposed agreement in substance. Passed and approved this 1st day of G�RpO ATTEST: �% J CITY-CLERK Approved by: �/� City Attorney's Office It was moved by Champion and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: X x X X x x x paNngftesragl28 EparatranM-08.do NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright V4•V'1 -Vo 17 28E Agreement for Paratransit Service between the City of Iowa City and Johnson County for the period of July 1, 2008 through June 30, 2013 This Agreement is made and entered into by and between the City of Iowa City, Iowa, hereinafter referred to as "Iowa City", and Johnson County, Iowa, hereinafter referred to as "County". Scope of Services The County shall provide to Iowa City through Johnson County SEATS paratransit service consistent with the Americans with Disabilities Act and the policies of the Iowa City City Council and the Johnson County Council of Governments Paratransit Plan. General Terms I. Paratransit service area for Iowa City shall be the corporate limits of the City of Iowa City. 2. Paratransit service shall be operated within the corporate limits of Iowa City from 6:00 a.m. until 1 1:59 p.m., Monday through Friday; 6:00 a.m, until 7:30 p.m. on Saturday; and 8:00 a.m. until 2:00 p.m. on Sunday. The paratransit service shall operate a holiday schedule consistent with Iowa City Transit. 3. Paratransit service shall be operated as a door -to -door service. Service will be in compliance with the "SEATS Riders Guide" as amended. Johnson County SEATS operators shall be sensitive to the needs of passengers with disabilities. 4. The paratransit service shall be operated with a fare which shall be twice the fixed route fare. Paratransit fares collected shall be retained by the County. The only exceptions to the fare of twice the fixed route fare shall be Iowa City residents designated by Iowa City who qualify as being entitled to a discount; such individuals shall be entitled to a paratransit fare equal to the fixed route fare. Reductions in the fare schedule will be done in consultation with the County to determine the commensurate reduction in revenue to the County. Any other fare collected on behalf of any contracting agency and administered by the paratransit provider will not affect the agreement with Iowa City. 5. Iowa City shall pay the cost of vehicle maintenance for any miles the paratransit vehicles are used in fixed route service. Iowa City will continue to have the option to use the vehicles from the Iowa City paratransit fleet when not assigned to Johnson County SEATS paratransit service. 6. Vehicles owned by Iowa City and operated by Johnson County SEATS shall be clearly marked as City of Iowa City and Johnson County (including City of Coralville) paratransit vehicles. Iowa City shall provide signage for the purpose of identifying vehicles that are in use as Iowa City - Johnson County (including City of Coralville) paratransit vehicles. Vehicles and personnel used to provide Iowa City- Johnson County paratransit service shall be neat and clean in appearance. 7. The County shall be familiar with the Johnson County Council of Governments (hereinafter "JCCOG ") complementary paratransit plan for the Iowa City urbanized area and will conduct paratransit service consistent with said document. This will include Iowa City's determination of rider eligibility based upon a certification process. Johnson County SEATS shall notify Iowa City of request for ADA certification on a weekly basis at which time the applicant shall be entitled to continue to use SEATS for a 21 -day grace period. It shall be Iowa City's responsibility to notify Johnson County SEATS as to whether the applicant is ADA eligible. Otherwise the applicant shall remain eligible for paratransit service. Priority for paratransit service will be given to persons certified under the ADA. 8, Johnson County SEATS shall maintain reporting statistics required by the Federal Transit Administration National Transit Database (formerly Federal Section 15 system). In addition Johnson County SEATS shall provide a management information system consisting of 11 information for each trip provided. This information shall be submitted to Iowa City as a monthly report twenty days from the end of the previous month. Johnson County shall use a computerized management information system which will enable Iowa City to receive information in a summary format. The report is commonly identified as the "Performance Summary Report". Iowa City may request miscellaneous reports to assist it in its evaluation of SEATS services. These reports shall not create an undue administrative burden on SEATS management. 9. Johnson County SEATS shall comply with the Federal Transit Administration Drug and Alcohol testing requirements and shall be responsible for any and all costs associated with said drug and alcohol testing requirements. The County shall certify that they have not been debarred from federally funded contracting. Johnson County SEATS shall comply with any other requirements of the Federal Transit Administration. Johnson County SEATS employees shall have all commercial drivers licenses required by Iowa law. The County agrees to be responsible for the acts of Johnson County SEATS employees while on duty. 10, Johnson County SEATS shall submit proof of insurance meeting the City of Iowa City Class 11 requirements. 11. Johnson County SEATS shall be permitted to use the Iowa City Transit fueling facility at a cost of $20 per month, plus fuel expense. 12. Iowa City will continue to apply for federal capital assistance for replacement of vehicles. Further, Johnson County SEATS will be responsible for providing a user fee equal to the amount of the required local match for the purchase of replacement vehicles. Should Iowa City cease contracting with SEATS for Paratransit service, Iowa City will reimburse Johnson County SEATS for any contributions made by SEATS toward the purchase price of buses, subject to the 20% annual depreciation of the vehicle. 13. Johnson County SEATS and Iowa City Transit agree to the terms contained in Exhibit A, attached and incorporated herein by this reference, as required for federal capital assistance. 14. The following represents a basic description of ride policy and the agency responsible for the ride. Iowa City ride — begins in Iowa City and ends in Iowa City, Coralville, or University Heights. Coralville ride - begins in Coralville and ends in Coralville, Iowa City, or University Heights. University Heights ride — University Heights resident ride that begins or ends in University Heights, Iowa City, or Coralville. Rural ride — Begins or ends in the non - urbanized area or is a county resident riding within the urbanized area. Special charters are the responsibility of the paratransit provider, regardless of origin and/or destination. Compensation and Duration I. This agreement shall be for a period of five years effective July 1, 2008 through June 30, 2013. This agreement may be modified at any time by mutual written agreement of the parties. 2. The contracted amounts, as follows, represent the City's full and complete financial responsibility to Johnson County SEATS based on the terns of this agreement. The amounts as follows are payable in equal monthly installments during the course of the year. July 1, 2008 — June 30, 2009 - $836,817 July 1, 2009 — June 30, 2010 - $870,290 July I, 2010 — June 30, 2011 - $905,102 July I, 2011 — June 30, 2012 - $941,306 July I, 2012 —June 30, 2013 - $978,958 3. The contract price may be reopened by either party if the price of fuel increases or decreases by more than $.50 per gallon from the rack price on the day this agreement is signed. The City of Iowa City agrees to pay a five cent ($.05) fuel surcharge to Johnson County SEATS when the average fuel cost per operating mile exceeds forty cents ($.40) per mile for a one month period. The file] surcharge shall be applied to the number of revenue miles of paratransit service Johnson County SEATS provides for the City of Iowa City. After the initial forty cents ($.40) per mile bench mark is met an additional five cent ($.05) charge shall be applied for each ten cent ($.10) increase in fuel cost per operating mile. Johnson County SEATS will bill the City of Iowa City for the previous month's additional fee after receiving the fuel bill and figuring the average cost per revenue mile. This payment is in addition to all other payments required by the contract. Any month the average fuel cost is forty cents ($.40) or less there is no surcharge for service. 4. If either party chooses to terminate this agreement, a one -year written notice must be provided. Extent of Agreement I. No separate legal entity is established by this Agreement. 2, This Agreement is between public agencies contracting to perform governmental service pursuant to Iowa Code Section 28E.12. 3. Pursuant to Iowa Code Section 28E.8(1)(a) (2007 Supplement), Iowa City shall file this Agreement, in an electronic format, with the Secretary of State of Iowa in the manner specified by the Secretary of State. 4. Pursuant to Iowa Code Section 28E.8(2)(a) (2007 Supplement), Johnson County shall submit, in an electronic format, an initial report to the Secretary of State as prescribed by the Secretary of State. 5. Each agency shall file its own biennial report to the Secretary of State pursuant to Iowa Code Section 28E.8(2)(b) (2007 Supplement). 6. The Agreement represents the entire agreement between Iowa City and Johnson County for paratransit service. It may be amended only by a written instrument signed by both parries. Assignment This Agreement is not assignable without written consent of both parties. Dated this day of 20A CIPTOF IOWA CITY ;r. 6. Balie—y, ayor � M Appro ed by: City Attorney's Office JOHNSON COUNTY, IOWA S�4 CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of Aep-n- 20 o 8 before me, Sordre.P �oci a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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. nX- SK passed by the City Council, on the / --y'— day of APR i L , 20_Q36 , and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. r o SDion Nu FORT �Nl in t'NM � � Commission Number 159791 Notary Public in and for the State of Iowa My Commission Expires My commission expires: COUNTY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) tVthis z V'u day of Apr; i , 2005 before me, lvl Am5t' dTtkyL S,11i9#`At_ , a Notary Public in and for the State of Iowa, personally appeared Rod Sullivan and Tom Slockett, to me personally known, and, who, being by me duly sworn, did say that they are the Chairperson of the Board of Supervisors and County Auditor, respectively, of the County of Johnson, 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 Board of Supervisors, as contained in the Motion adopted by the Board of Supervisors, on the ZV 44 day of Af Pei ( , 20_0 b_, and Rod Sullivan and Tom Slockett acknowledge 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. _ ,w ary Public in and for the State of Iowa commission expires: MEWAL n 71M My A n1Y�110n N� "1 EXHIBIT A Because federal funds are being used to support the SEATS paratransit contract, Iowa City Transit and Johnson County SEATS hereby agree to the following required federal clauses: ADA Access The Contractor agrees to provide transportation services consistent with the Americans with Disabilities Act (ADA) and comply with the provisions of the Act applicable to the facilities used for and the personnel policies applicable to staff involved in the administration of any contract issued pursuant to a solicitation by this recipient or subrecipient of Federal transit assistance. In particular, the Contractor's project manager shall be responsible for assuring that "reasonable accommodations" are made to ensure compliance with the provisions of the ADA in regard to service provision, hiring and managing personnel as well as workplace accessibility. The employment provisions of ADA require that reasonable accommodations be made in existing worksites to allow a qualified employment candidate with a disability to access the workplace and perform their job duties. Under the ADA, it is also incumbent upon the Contractor to assure that any "accessible vans or buses" and the ancillary equipment that such vans or buses are required to be equipped with by 49 CFR Part 37 Subpart B Subsection 37.23, i.e., to satisfy the ADA's mobility aid user accessibility provisions, are inspected and properly maintained. As such, the Contractor is required to provide appropriate vehicle maintenance and staff training under this contract with a subrecipient of Federal transit assistance. This training must assure that vehicle operators have acquired skills in communicating with assisting persons with disabilities, are proficient in passenger assistance techniques, operation of vehicle level change devices, securement systems, public address systems and other access - related equipment. Vehicle operators shall be required to report any access equipment problems as soon as possible. And, the Contractor shall make repairs to access equipment as soon as possible, preferably on the day following a report of deficiency or malfunction report. Any vehicle with inadequate or malfunctioning access equipment shall not be kept in service if a deficiency presents a heightened risk of passenger or vehicle operator injury. And, such a vehicle shall not be returned to revenue service until access equipment deficiencies are remedied. The Contractor shall cooperate with transit system, as well as State or Federal agency staff, or assessment contractors of agencies with oversight responsibility for assessment of whether the Contractor is complying with the provisions of the ADA. Such assessments shall require Contractor's staff to meet with oversight personnel and provide access to documentation relating to policies and instructions for access equipment pre -trip cycling, staff training, as well as access equipment operation, reliability and maintenance. Contractor shall permit drivers and administrative staff to be interviewed by persons performing ADA compliance assessments. Drug Use and Testing - Alcohol Misuse and Testing Reuuirements The Contractor agrees to comply with all applicable Federal regulations governing workplace drug use and alcohol misuse in the transit industry. Specifically, the Contractor shall establish a Drug Use and Alcohol Misuse Policy acceptable to the transit agency purchasing services pursuant to this solicitation or contract award and conforming with the Federal Transit Administration (FTA) regulations. These regulations are detailed in 49 C.F.R.Part 665 "Prevention of Alcohol Misuse and Prohibited Drug Use in Transit" as amended. Contractor shall comply with these regulations mandating testing of safety - sensitive employees for the use of drug and the misuse of alcohol in violation of law or Federal regulation, and prohibits performance of safety- sensitive functions when there is a positive test result. The Contractor shall as well comply with U.S. DOT regulations detailed in 49 CFR Part 40, Revised and corresponding Technical Amendments, that set standards for the collection and testing of urine and breath specimens from safety- sensitive employees. Contractor's employees shall be provided with the training required by these regulations as well as access for review, upon request, to the Federal regulations and Contractor's Policy on Prohibited Drug Use and Alcohol Misuse. Fly America Requirement The Vendor /Contractor shall comply with 49 U.S.C. 40118 (the "Fly America" Act) and regulations promulgated by the General Services Administration, at 41 CFR Part 301 -10, which provide that recipients and subrecipients of Federal funds and their contractors are required to use U.S. Flag air carriers for U.S. Government financed international air travel and transportation of their personal effects or property, to the extent such service is available, unless travel by foreign air carrier is a matter of necessity, as defined by the Fly America Act. This provision shall be included by the Contractor in all subcontracts that may involve international air transportation. Charter Bus Requirements The Contractor agrees to comply with 49 U.S. C. Section 5323(d) and 49 CFR Part 604, which provides that recipients and subrecipients of FTA assistance are prohibited from providing charter service using federally funded equipment or facilities if there is at least one private charter operator willing and able to provide the service, except under one of the exceptions detailed at 49 CFR 604.9. Any charter service provided under one of the exceptions must be "incidental." i.e., it must not interfere with or detract from the provisions of mass transportation. School Bus Requirements Pursuant to 69 U.S.C. Section 5323 (f) and 49 CFR Part 605, which provide that recipients and subrecipients of FTA assistance are prohibited from providing school bus operations exclusively for the transportation of students and school personnel in competition with private school bus operators unless qualified under specified exemptions. When operating exclusive school bus service under an allowable exemption, recipients and subrecipients may not use federally funded equipment, vehicles, or facilities. Ener y Conservation Requirement The Vendor /Contractor bidder shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act. Clean Water Requirement Each Vendor /Contractor, by signing the Certificate of Compliance with Terms of Service under this Request for Architectural and Engineering Qualifications (RFQ) is obliged under penalty of law to perform such services using materials, and under conditions that comply with the federal, state and local clean water regulations governing said production. As such, the Contractor agrees to comply with and perform construction oversight that are the Contractor's responsibility to assess whether work performed by construction contractors is compliant with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U,S.C.1251 et seg. The contractor also agrees to report each violation to the Purchaser and understands and agrees that the Purchaser must, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office, The Vendor /contractor is required to include these requirements in each subcontract exceeding $100,000 financed, in whole or in part, with Federal assistance provided by a contract awarded under this solicitation and assisted by FTA. Lobbying Disclosure Requirements and Prohibition Pursuant to the Byrd Anti Lobbying Amendment, 31 U.S.C.1352, as amended by the Lobbying Disclosure Act of 1995, P.L.104 -65 [to be codified at 2 U.S.0 1601,et seq.), vendors /contractors/EM's who submit a bid for an award of $100,000 or more shall file the certification required by 49 CFR part 20, "New Restrictions on Lobbying ." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose the name of any registrant under the 1 Lobbying disclosure Act of 1995 who has made lobbying contacts on its behalf with nonfederal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient. Access to Records and Reports Requirements In accordance with 49 CFR 18.36(1), the Vendor /contractor and any vendor acting on its behalf in this solicitation agree to provide the Iowa Public Transit System awarding a contract, the Iowa Department of Transportation, the FTA Administrator, the Comptroller General of the United States or any of their authorized representatives access to any books, documents, papers and records of the Contractor which are directly pertinent to any contract awarded pursuant to this solicitation for the purposes of making audits, examinations, excerpts and transcriptions. Contractor also agrees, pursuant to 49 CFR Part 633.17, to provide the FTA Administrator or his authorized representatives, including any PMO contractor, access to Contractor's records pertaining to contracts awarded that involve a major capital project, as defined at 49 U.S.C. 5302 (a)l, which is receiving federal financial assistance through the programs described at 49 U.S.C. section 5307, 5309, or 5311. The Contractor agrees to permit any of the parties described in the preceding paragraph to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. The Contractor agrees to maintain all books, records, accounts and reports required under any contract awarded pursuant to this solicitation for a period of not less than three years after the date of termination or expiration of this contract, except in the event of litigation or settlement of claims arising from the performance of this contract, in which case Contractor agrees to maintain same until the Purchaser, the Iowa DOT, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto. Reference 49 CFR 18.39(1)(11). Federal Changes The Contractor or vendor awarded a service contract pursuant to this solicitation agrees to comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement (Form FTA MA (6) dated October, 1999) between the Purchaser and the Iowa DOT as required by the Grant Agreement form the FTA to the Iowa DOT as they may be amended or promulgated from time to time during the term of the contract awarded pursuant to this solicitation. Contractor's failure to so comply shall constitute a material breach of this contract. Clean Air The Contractor, by signing the Certificate of Compliance with Solicitation Requirements, is obliged under penalty of law to manufacture the bus being offered in compliance with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C.7401 et se g. The FSM agrees to report each violation the Purchaser and understands and agrees that the Purchaser must, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. The Contractor is required to include these requirements in each subcontract exceeding $100,000 financed, in whole or in part, with Federal assistance provided by a contract awarded tinder this solicitation and assisted by FTA. Recycled Products The Contractor shall develop construction specifications and building plans that, to the extent practicable utilized recycled products and, at a minimum require construction contractors to. perform work in a manner that complies with the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. 6962) including, but not limited to, the regulatory provisions of 40 CPR Part 247 and Executive Order 12873, insofar as these requirements are applicable to any itern so designated by the Environmental Protection Agency (EPA), or material used to produce said item(s), that N was designated in Subpart B of 40 CFR Part 247. insofar as the Purchaser acquired $10,000 or more of one of the items EPA designates in the fiscal year during which a contractor awarded a contract for project construction is authorized to commence work or when the cost of such items purchased by the Contractor during the previous fiscal year was $10,000 or more. No Federal Government Ohligation to Third Parties The Contractor acknowledges and agrees that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this contract and shall not be subject to any obligations or liabilities to the Purchaser, Contractor , or any other party .(whether or not a party to that contract) pertaining to any matter resulting from the underlying contract. Any Contractor /firm submitting qualifications pursuant to this solicitation agrees to include the paragraph/provision immediately above in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the provision shall not be modified, except to identify the subcontractor who will be subject to this provision. Program Fraud and False or Fraudulent Statements and Related Acts (1) Each Contractor / firm submitting qualifications in response to this RFQ are obliged to comply with the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, at 31 U.S.C. Section 3801 et�and U.S. DOT regulations "program Fraud Civil Remedies," 49 CFR, Part 31. Upon execution of the underlying contract (accepting a contract awarded pursuant to this solicitation), the contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the FTA assisted project for which this contract is being manufactured or work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal Government deems appropriate. (2) The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. Section 5307, the Government reserves the tight to impose the penalties of 18 U.S.C. Section 1001 and 49 U.S.C. Section 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate. (3) The Contractor agrees to include the clauses delineated as (1) and (2) above in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified except to identify the subcontractor who will be subject to the provisions. Termination (1) Termination for Convenience (General Provision) Any transit system/ Purchaser that awards a professional service contract incorporating this provision may terminate such contract, in whole or in part, at any time by written notice to the Contractor when it is in the Transit System's /Government's best interest. The Contractor shall be paid its cost, including contract close -out costs, and profit on work performed up to the time of termination. The Contractor shall promptly submit its termination claim to the Transit System (or other Purchaser) to be paid to the Contractor. If the Contractor has any property in its possession belonging to a Purchaser, the Contractor will account for such property and return or dispose of such property as directed by and at the cost of the Purchaser. be paid its costs I (2) Termination for Default[Breach or Cause](General Provision) If the Contractor does not deliver work as per the terms of this solicitation or any contract awarded thereof in accordance with the contract delivery schedule, or, if the contract is for services, the Contractor fails to perform in the manner called for in the contract, or if the Contractor fails to comply with any other provisions of the contract, the Purchaser may terminate his contract for default. Termination shall be effected by serving a notice of termination on the contractor setting forth the manner in which the Contractor is in default. The Contractor will only be paid the contract price for supplies delivered and accepted, or services performed in accordance with the manner of performance set forth in the contract. If it is later determined by the Purchaser that the Contractor had an excusable reason for not performing, such as a strike, tire, or flood, events which are not the fault of or are beyond the control of the Contractor, the Purchaser, after setting up a new delivery or performance schedule, may allow the Contractor to continue work, or treat the termination as a termination for convenience. (3) Opportunity to Cure General Provision The Purchaser in its sole discretion may in the case of termination for breach or default, allow the Contractor a specified period of time in which to cure the defect. In such case, the notice of termination will state the time period in which cure is permitted and other appropriate conditions. If the Contractor fails to remedy to Purchaser's satisfaction the breach or default or any of the terms covenants, or conditions of the Contract within ten (10) business days after receipt by Contractor or written notice from the Purchaser setting forth the nature of said breach or default, Purchaser shall have the right to terminate the Contract without any further obligation to the Contractor. Any such termination for default shall not in any way operate to preclude the Purchaser from also pursuing all available remedies against Contractor and its sureties for said breach or default. Government -wide Debarment and Susnension Each prospective Contractor must submit an appropriately prepared, and signed certification regarding any debarment action or other factors relevant to the firm's, or any its principal's, eligibility to participate it federally funded projects. .By signing and submitting this bid or proposal, the prospective lower tier participant (contractor/ vendor) is providing the certification as per the instructions delineated at 29 CFR part 29, Appendix B. Civil Rights Requirements (1) Nondiscrimination — In accordance with Title VII of the Civil Rights Act as amended, 42 U.S.C. Section 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C, Section 6102, Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. Section 12132, and Federal transit law at 49 U.S.C. Section 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age, or disability, In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue (2) Equal Employment Opportunity: Contractors/, or subcontractors thereof , performing lower tier contract services must be an equal opportunity employer as defined in the Rights Act of 1964 and in Iowa Executive Order Number Fifteen. The successful firm, in accepting the offer of a professional service contract under terms of this solicitation, certifies that its officials shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, or national origin. The successful firm shall also take affirmative action to insure that applicants are employed, and that employees are treated during their employment, without regard to their race, religion, color, sex, disability, or national origin. The following requirements apply to the underlying contract: (a) Race, Color, Creed, National Origin, Sex - In accordance with title VII of the Civil Rights Act, as amended, 42 U.S.C. Section 2000e, and Federal transit laws at 49 U.S.C. Section 53432, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR Parts 60 et sea., (that implement Executive Order No. 11246, Equal Employment Opportunity as amended by Executive Order No;11375, "amending Executive Order 11246 relating to Equal Employment Opportunity, " 42 U.S.C. Section 2000e note) , and with any applicable Federal statutes, executive orders, regulations and Federal policies that may affect manufacturing activities undertaken in the course of producing the buses being purchased. The Contractor agrees to take such affirmative actions as may be necessary to ensure compliance. These actions shall include, but shall not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition the Contractor agrees to comply with any implementing requirements FTA may issue. (b) Age — In accordance with Section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. Section 623 and Federal transit law at 49 U,S,C. Section 5332, the Contractor agrees to refrain form discrimination against present and prospective employees for reason of age. In addition, the contractor agrees to comply with any implementing requirements FTA may issue. (c) Disabilities — In accordance with Section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. section 12112, the Contractor agrees that it will comply with the requirements of the U.S. Equal Employment Opportunity Commission, " Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act, " 29 CFR part 1630, pertaining to employment of persons with disabilities. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue. (3) The Contractor agrees that is shall include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified, only if necessary, to identify the affected parties and clarify the responsibilities entailed. Transit Employee Protective Agreements The Contractor agrees to comply with: (1) applicable transit employee protective requirements as follows: (a) General Transit Employee Protective Requirements - to the extent that FTA determines that transit operations are involved, the Contractor agrees to carry out the transit operations work on the underlying contract in compliance with terns and conditions determined by the U.S. Secretary of Labor to be fair and equitable to protect the interests of employees employed under this contract and to meet the employee protective requirements of 49 U.S.C. A 5333(b) , and U.S. DOL guidelines at 29 CFR Part 215, and any amendments thereto. These terms and conditions are identified in the letter of certification from the U.S. DOL to FTA applicable to the FTA Recipient's project from which Federal assistance is provided to support work on the underlying contract. The Contractor agrees to carry out that work in compliance with the conditions slated in that U.S. DOL letter. The requirements for this subsection (a), however, do not apply to any contract financed with Federal assistance provided by FTA either for projects for elderly individuals with disabilities authorized by 49 USC Section 5310(a)(2), or for projects for nonurbanized areas authorized by 49 U.S.C. Section 5311.. Alternate provisions for those projects are set forth in subsections (b) and (c) of this provision. (b) Transit Employee Protective Requirements for Projects Authorized by 49 U.S.C. Section 5310(a)(2) for Elderly Individuals and Individuals with Disabilities. — If the contract this provision is incorporated by involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S.C. Section 5310(a)(2), and if the U.S. Secretary of Transportation has determined or determines in the future that the employee protective requirements of 49 U.S.C. section 5310(b) are necessary or appropriate for the state and the public body subrecipient for which work is perform on the underlying contract, the Contractor agrees to carry out the 10 Project in compliance with the terms and conditions determined by the U.S. Secretary of Labor to meet the requirements of 49 U.S. C. Section 5333(b), U.S. DOL guidelines at 29 C.F.R. Part 215 and any amendments thereto. These terms and conditions are identified in the U.S. DOL's letter of certification to FTA, the date of which is set forth in the Grant Agreement or Cooperative Agreement with the state. The contractor agrees to perform transit operations in connection with the underlying contract incompliance with the conditions stated in that U.S. DOL letter. (c) Transit Employee Protective Requirements for Projects Aathorized by 49 U.S. C, Section 5311 in Nonurbanized Areas — If the contract involves transit operations financed in whole or in part with Federal assistance authorized by 49 U.S. C Section 5311, the Contractor agrees to comply with the terms and conditions of the Special Warranty for the Nonurbanized Area Program agreed to by the Secretaries of Transportation and Labor, dated May 31, 1979, and the procedures implemented by U.S. DOL or any revision thereto. (2) The Contractor also agrees to include any applicable requirements in each subcontract involving transit operation financed in whole or in part with Federal assistance provided by FTA. Breaches and Dispute Resolution If the vendor awarded a contract (i.e. Contractor) pursuant to this solicitation abandons, or before completion, discontinues that project; or if by reason of any of the events or reason, the commencement, prosecution, or timely completion of this project by the vendor is rendered improbable, infeasible, impossible, or illegal, the IPTS may, by written notice to the vendor, suspend any or all of its obligations under the contract until such a time as the event or conditions resulting in such suspension has ceased or been corrected, or the agency may terminate any of its obligations under the contract. Upon receipt of a final termination or suspension notice, the vendor shall proceed promptly to carry out their actions required which may include any or all of the following: (1) necessary action to terminate or suspend, as the case may be, project activities and contracts and. (2) furnish a statement or the status of the project activities and contracts and. as a proposed schedule, plan and budget• or terminating or suspending and closing -out project activities and other undertakings, the cost of which are otherwise included as project costs. The closing out shall be carried out in conformity with the latest schedule, plan, and budget within a reasonable time. Reimbursement to the vendor in the event of termination shall be for actual costs, less any assessment of damages. Disputes arising in the performance of any Contract awarded pursuant to this solicitation that are not resolved by agreement of the parties and concurred with by the Iowa DOT shall be decided in writing by the authorized representative of the Procurement Administrator for the IPTS that awarded the contract for professional services. This decision shall be final and conclusive unless within ten calendar days from the date of receipt of its copy of the decision, the contractor mails or otherwise delivers a written appeal to the Procurement Administrator. In regard to any such appeal, the Contractor shall be afforded with an opportunity to be heard and to offer evidence in support of its position. If the Contractor deems that the Procurement Administrator rendered a decision that it cannot accept, any further review of the matter must be settled in a court of competent jurisdiction within Iowa. Disadvantaged Business Enterprise Requirements (DBE) Plan Approval/Submission: Each contractor /vendor shall comply with all rules and regulations promulgated by the Federal Transit Administration of the U.S. DOT regarding participation of Disadvantages Business Enterprises in contracting opportunities by any contract awarded under this solicitation. As such, any bidder must complete and submit with any bid 'a Disadvantaged Business Enterprise Certification for Non - Rolling Stock Materials or Services as promulgated under 49 CFR Part 26.and other applicable laws and regulations. State and Local Law Disclaimer The use of many of the clauses delineated herein to comply with Federal requirements may be significantly affected by State law. In the event that the Code of Iowa may contain requirements that are not precluded by federal statute, state law or local shall be applicable. If the Contractor has reason to II 1 believe that any discrepancy exists between local, state, or federal requirements, it is incumbent on the Contractor to request in writing that a determination be made and issued by the Procurement Administrator to resolve any such discrepancy. Incorporation of Federal Transit Administration (FTA) Terms The preceding provisions include, in part, certain Standard Terms and conditions required by DOT, whether or not expressly set forth in the provisions of this solicitation. All contractual provisions required by DOT, as set forth in FTA circular 4220.113., dated April 15, 1996, are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this solicitation or contract awarded thereof. The Contractor shall not perform any act, fail to perform any act, or refuse to comply with any requests made by the IPTSfTransit Agency, other participating Iowa public transit systems, or the Iowa DOT which would cause any of these parties to be in violation of FTA terms and conditions. ** *Non - Collusion Bidding Certification: Not Applicable per FTA c.4220.1E, because this 28E agreement is to purchase service from another governmental entity. Prohibited Interest: No member of, or delegate to, the Iowa State Legislature or the Congress of the United States shall be admitted to any share or part of this contract or to any benefit arising therefrom. No member, officer, or employee of the Transit Agency during his/her tenure or for one year thereafter shall have any interest, direct or indirect, in a contract or proceeds resulting from this solicitation. Certificate of Compliance: Each Contractor must submit a properly prepared and signed Certificate of .Compliance with Federal and this Solicitation's Requirements. Signing the form obligates the vendor to all requirements of this solicitation and constitutes the vendors assurance that it has the capacity and intent to deliver the services agreed upon or delineated as the scope of Contractor responsibilities in a manner that conforms with or exceeds federal and state standards and the transit agency's minimum requirements which are herein delineated or incorporated by reference into a Transit or Professional Services Agreement. Declaration of Project Federal Assistance, Payment for Services Federal assistance is anticipated to defray approximately 20% (but not greater than 80 %) of the budgeted project costs of the work or item(s) being purchased. Federal assistance for the items being purchased cannot be reimbursed to the purchaser (Transit Agency) by the Iowa Department of Transportation or the Federal Transit Administration until such work /item is delivered, inspected,.and accepted. Unless otherwise detailed in writing, payment for the item(s) purchased shall not be made to the Contractor until approximately 30 -45 days after the date an items is accepted by the Purchaser's Project Manager /transit agency and concurrence is given, if such is required by the Iowa DOT as the grantee Protest of Solicitation Administration Any party may initiate a protest of these provisions or decisions made pursuant to them in accordance with the protest procedure issued as part of this solicitation. See Protest Provision Retention of Payment: A reasonable portion of the amounts payable may be retained to assure correction of service deficiencies and compliance with the provisions of the Transit or Professional Services Contract jointly executed by the Transit Agency and the Contractor. The Contractor shall be informed in writing of all such items failing to meet provisions agreed upon and the amount retained for each item. WAwpdataYccogtpgowa City 28E Agreement for FY09 to FYI Moo 12 I Doc ID: 021150270003 TVDe: GEN Recorded: 05/02/2008 at 01:14:55 P11 Fee Amt: $17.00 Pace 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder BK4293 PG476 -478 STATE OF IOWA ) )SS JOHNSON COUNTY ) 410 East Washington Sweet Iowa City, Iowa 52240 -1826 ��E (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 08 -4303 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29'h day of April, 2008, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 1" day of May, 2008. CORPORATE SEAL Marian K. Karr City Clerk \ord v Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319- 356 -5240 ORDINANCE NO. os -4903 ORDINANCE REZONING APPROXIMATELY 17.97 ACRES LOCATED SOUTH OF RUPPERT ROAD FROM COMMUNITY COMMERCIAL (CC -2) TO INTENSIVE COMMERCIAL (CI -1). (REZ08- 00002) WHEREAS, ITC Midwest LLC has requested a rezoning of property located south of Ruppert Road from Community Commercial (CC -2) to Intensive Commercial (CI -1); and WHEREAS, the Comprehensive Plan identifies this area as appropriate for Intensive Commercial development; and ' WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and has recommended that it be approved. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Property described below is hereby reclassified from its current zoning designation of CC -2 to CI -1: North Airport Development lots 2, 3, and 4 and outlots 2A, 3A, and 4A as described in the Final Plat of North Airport Development - Part Two recorded in Book 45, Page 91, dated January 10, 2003 in the records of the Johnson County Recorder. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. and approvethis mrbday of April 20 os - e CITY CLERK ®' 'P®R1-1T E SEAL Approved by City Attorney's Office 31 / / '),�. Ordinance No. 08 -4303 Page 2 It was moved by O' Donnell and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x x —x — NAYS: First Consideration Vote for passage: Bailey. Second Consideration _ Vote for passage: Date published ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright 4/14/2008 AYES: Champion, Correia, Hayek, O'Donnell, Wilburn, Wright, NAYS: None. ABSENT: None. M Moved by O'Donnell, seconded by Champion, that the rule requiring ordinances to be considered'' and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be votedd upon for final passage at this time. AYES: Correia, Hayek, O'Donnell, Wilburn, j Wright, Bailey, Champion. NAYS: None. ABSENT: None. It STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a trite and correct copy of Resolution No.08 -109 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 291h day of April, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this I" day of May, 2008. Marian K. Karr City Clerk Ves CORPORATE SEAL Doc ID: 021150350012 TVDe: GEN W Recorded: 05/02/2008 at 01:49:40 PM ��MM�q Fee Amt: $62.00 Pace 1 of 12 CITY OF IOWA CITY Johnson Countv Iowa Kim Painter Countv Recorder 410 East Washington Street BK4293 PG539.550 Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 3S6 -5009 FAX www.icgov.org Fie STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a trite and correct copy of Resolution No.08 -109 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 291h day of April, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this I" day of May, 2008. Marian K. Karr City Clerk Ves CORPORATE SEAL 04 -29 -0a 8 Prepared by: Sara Greenwood Hektoen, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240; 356 -5030 Resolution No. 08 -109 RESOLUTION AUTHORIZING CONVEYANCE OF A SKYWALK EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT IN FAVOR OF JOHNSON COUNTY, IOWA, WHICH SKYWALK IS TO BE CONSTRUCTED ABOVE BENTON STREET BETWEEN CLINTON STREET AND DUBUQUE STREET. WHEREAS, Johnson County is the owner of certain property located between Lafayette, Dubuque, Benton and Clinton Streets in Iowa City, Iowa; WHEREAS, the County is currently constructing a new administrative facility on this property, locally known as 855 S. Dubuque Street, Iowa City, Iowa; WHEREAS, the County desires to construct and maintain a skywalk above Benton Street between the new building and its existing administrative building located at 913 S. Dubuque Street, Iowa City, Iowa; WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of a skywalk easement is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City Council does hereby authorize the Mayor and City Clerk to execute the attached " Skywalk Easement, Temporary Construction Easement, and Covenant" and any other documents necessary to convey a skywalk easement and temporary construction easement over the portion of the Benton Street right -of -way between Clinton Street and Dubuque Street to Johnson County. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed an.4 approved this 29th day of April , 2008. vU - Appro ed by ATTEST:.�u�r��i CITY-CLERK City Attorney's Office yis -�vq- CORP RATE SEAL M Resolution No. 08 -109 Page 2 It was moved by Wilburn and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: x X x x x x wpdaWglossary fm1ufion4c.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright ABSTAIN: x SKYWALK EASEMENT, TEMPORARY CONSTRUCTION EASEMENT, AND COVENANT THIS AGREEMENT, made and entered into this day of Anti LJ. , 2008, by and between Johnson County, Iowa, hereinafter referred to as "Johnson County", and the City of Iowa City, an Iowa municipal corporation, hereinafter referred to as "City." In consideration of their mutual agreements and promises herein, it is agreed as follows: The undersigned City, as Grantor, states and covenants that it is the owner of certain real estate described in Exhibit "A" attached hereto, that it is lawfully seized and possessed of the said real estate described above, and that it has a good and lawful right to convey this easement. In consideration of the covenants and promises herein, the City hereby grants and conveys to Johnson County a Skywalk Easement for air and ground rights for purposes of Johnson County constructing, operating, maintaining, repairing, using and reconstructing a skywalk and necessary appurtenances upon, over and across certain real estate owned by The City, hereinafter referred to as the Skywalk Easement Area, which structure and property are described and shown on Exhibit B attached hereto, and are deemed the "servient property" herein. In addition to the Skywalk Easement granted in Paragraph 2, the City does hereby grant and convey to Johnson County a temporary construction easement upon that portion of the City's property described and shown in Exhibit C, attached hereto. Said temporary construction easement is for the purpose of facilitating Johnson County's construction of the skywalk, including necessary use of the Benton Street right -of -way by construction equipment and ingress and egress of persons and equipment for construction purposes. 4. The term of the temporary construction easement will be for the period of time required by Johnson County to complete the construction of the skywalk, but in no event shall the temporary easement extend beyond twelve (12) months from the date of execution of this Agreement. a. The temporary construction easement shall include, in part, the right to close Benton Street for a period of not to exceed five (5) working days, the scheduling thereof to be subject to the approval of the Director of Public Works, or his designee. Johnson County agrees to provide such detour signage as is required by the Public Works Department during the closure of Benton Street. b. Additionally, the City hereby agrees to allow Johnson County to temporarily fence and close a portion of the rights -of -way along the north and south edges of Benton Street. c. Johnson County agrees to provide, keep in place, and maintain in good working condition certain fencing and signage necessary to do the following: (i) Route pedestrians through or around the closure area as approved by the City during construction; (ii) Provide advance warning of the closure; (iii) Provide for the orderly, predictable and ADA accessible movement of pedestrian traffic. (iv) All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. d. Johnson County shall be responsible for the removal, storage, and replacement of items located within the Benton Street rights -of -way which could be damaged during the construction, If it is necessary to relocate traffic control signage, the relocation shall be coordinated with the Iowa City Streets Division. e. After construction activities are completed, Johnson County agrees to restore any and all portions of the sidewalk and right -of -way to the City's complete satisfaction. 5. The Skywalk Easement herein granted shall run in favor of and be for the benefit of properties owned by Johnson County and abutting Benton Street to the north and south thereof, hereafter referred to as the dominant properties and described in Exhibit D attached hereto. 6. As further consideration for this grant and conveyance of the Skywalk Easement and rights described in this Agreement, Johnson County does hereby agree, as a covenant running with the servient property covered by this Easement and with the dominant properties served by this Easement, for and on behalf of themselves as follows: The Skywalk Easement and rights granted herein shall terminate upon the occurrence of any of the events listed below. Following notice of termination from the City, Johnson County agrees to promptly remove the skywalk structure, together with all appurtenances thereto, from the servient property, and agrees to promptly restore the property to a condition acceptable to the City. Such removal shall be at the sole cost of Johnson County: a. The destruction of or damage to the skywalk rendering it unusable or unsafe, as determined by the City, for users of the Benton Street right -of -way, provided that in the event Johnson County desires to reconstruct the skywalk and no other event has occurred which would permit the City to terminate this Agreement, Johnson County shall be permitted to reconstruct the skywalk. In such event, this Agreement shall continue in full force and effect, but only if the reconstruction satisfies subparagraphs 7(a) and 7(d) below. b. The skywalk suffers physical deterioration, to such extent that public safety requires its removal, as determined by the City. V c. The skywalk structure is abandoned or the use thereof ceases, as determined by the City, for a period of one (1) year. However, Parties agree that in the event the failure to use the skywalk is the result of fire or casualty and occurs to the structures located on either or both of the dominant estates, and in the event repair of reconstruction of the damaged structure or structures has commenced within the one (1) year period, the lack of use will not be deemed by the City to be an abandonment. 7. In further consideration of its mutual promises, Johnson County does covenant with City as an additional covenant running with the land as follows: a. Johnson County shall submit the plans and specifications for the skywalk structure and appurtenances, as well as future plans for structural repairs, reconstruction, or alteration thereof, to the City for review and approval, at least 15 days prior to commencement of any construction or other work. b. The skywalk structure shall be constructed and maintained according to established engineering and design standards, and shall be constructed and maintained at an elevation of not less than 16.5 feet above the centerline grade of Benton Street existing as of the date hereof. Johnson County further agrees the columns supporting said structure shall be located not less than ten (10) feet from the back of the curbs along Benton Street; that said skywalk structure shall be painted, decorated, and repaired so that its appearance will not detract from surrounding properties, and such work shall be subject to the prior approval of the City, which approval shall not be unreasonably withheld; that during painting and maintenance activities, care will be taken to protect pedestrian and vehicular traffic passing below on Benton Street; and that if the skywalk structure is not maintained in a safe and acceptable condition, the City may perform such maintenance or repair work as is required, and shall invoice the costs of repair to Johnson County. It is further agreed that if such repair or maintenance will in any way involve occupancy of the street right -of -way or affect pedestrian or vehicular traffic thereon, the timing of repair or maintenance of the skywalk structure shall be first approved by the Director of Public Works or his designee such approval not to be unreasonably withheld. c. Johnson County shall emplace and maintain appropriate street signage on Benton Street to warn approaching vehicular traffic of any construction, repair, or maintenance activity while same is in progress, as required by and to the satisfaction of the City. d. Any assignments of rights under this Skywalk Easement Agreement shall be subject to the prior written approval of the City. e. During all time periods in which the property is occupied or used for the purposes herein, Johnson County agrees to carry Class II liability insurance in the minimum amounts of $1 million each occurrence, $2 million aggregate bodily injury, and $500,000 aggregate property damage with contractual liability coverage included. Participation in a government risk pool or self - insurance that covers the risks attendant to this Agreement shall be sufficient to satisfy this requirement. Any insurance coverage obtained pursuant to this agreement shall not be interpreted as a waiver of any immunities afforded to Johnson County pursuant to Iowa Code. The coverage amounts applicable to the servient property as herein provided shall be subject to increases at such times as comparable coverage for either dominant properties are increased, such increases to be in proportion to the coverage increases on either of the dominant properties. In the event City determines that increased coverage is needed for safety purposes, Johnson County shall obtain such coverage within a reasonable time and after notice by the City. Evidence of such insurance coverage shall be provided to the City in the form of an insurance certificate. Such certificate shall indicate coverage for the contractual indemnity provision provided in subparagraph 7(f) below, or shall list the City as an additional insured. f. Johnson County shall defend, indemnify and save harmless the City of Iowa City, its officers, employees and agents from and against all loss or expense, including defense costs and attorney's fees, by reason of liability imposed upon the City of Iowa City, Iowa, its officers, employees or agents for any and all damages, whether real or personal, including the loss of light, air or access to any abutting property, which may arise out of or as a consequence of the structure and /or use for which this Skywalk Easement and Temporary Construction Easement are granted. g. The failure of Johnson County to perform as herein provided in paragraphs 6 and 7 above shall be grounds for City's termination and revocation of this Skywalk Easement and Temporary Construction Easement. 8. Title to the servient property shall remain in the City of Iowa City, Iowa. Except for the height limitation imposed on the public in its right of passage upon Benton Street by virtue of the construction and maintenance of said skywalk structure, Parties hereto agree the use of said property by the public for street right -of -way purposes shall not be affected in any way by either the grant of the Skywalk Easement or by the covenants noted above. 9. This agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties. 10. This Agreement shall be recorded in the Johnson County Recorder's Office at Johnson County's expense. Dated this k4 day of r CITY OPIOWA CITY Bailey, Attest: A- • -KaA4, 1 Mari— City Clerk Approved by: ��AiA �V�i/2vv a2��9�7�DG'6�J City Attorney's Office N/ q/dv STATE OF IOWA ) JOHNSON COUNTY ) ss: JOHNSON COUNTY, IOWA By: —ad d A i X p"r/1 Chair /person r- Board � of ryS�upervisors Attest: K!")�P.[-c,.t>�e✓s� k� Q a ._ County Auditor CORPOR/ - "" SEAL CITY OF IOWA CITY ACKNOWLEDGMENT On this -;2 4 A day of APR I L- 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 to which this is attached, that the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its City Council, as contained in Resolution No. OR- /69 passed (the resolution adopted) by the City Council, on the day of A mi L- . 2008, and that Regen;a. o. 64; ley and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. ,Tw��s SONDRAE FORT i ® Commission Number 159791 0" My Comrm Sion Expires Notary Public in and for the State of Iowa My co (ndssion expires: JOHNSON COUNTY ACKNOWLEDGMENT STATE OF IOWA ) JOHNSON COUNTY ) ss: On this 3 `j day of hlni,l 1 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Qoc/ 1, c / /ivu. to me personally known, who being be me duly sworn, did say that they are the Chairman of the Board of Supervisors of the County of Johnson, State of Iowa, executing the foregoing instrument; that the seal affixed thereto is the seal of said county; that said instrument was signed and sealed on b half /pf said County by authority of its Board of Supervisors; and that the said �l ra /jia G.") acknowledged that execution of said instrument to be the voluntary act and deed of said county a d by them voluntarily executed. N tary Public in and for the State of Iowa My com MID Een�7nlcllsuunl� CemmWicn Num6�r 71701 My cmimiwbno inr 0 EXHIBIT "A" DESCRIPTION OF PROPERTY OWNED BY CITY The 100 foot wide right -of -way of that portion of Benton Street lying between the easterly right -of -way line of Clinton Street and westerly right -of -way line of Dubuque Street, In Iowa City, Iowa, according to the recorded plat thereof. IM EXHIBIT "B" THE SERVIENT PROPERTY Description of Skywalk Easement area shall be prepared and finalized after construction, said legal description to be subject to City approval. EXH BIT " (ROW area to be fence off during construction) S CLINTON STREET — r0m Oppy m i i i 1 OOI N z1F m- - _ L °� ojo %Ia m- a m' 1 , 7 o m m i a 1 r, Jul c { 1 i rr y y w To n •• •• —. _.____.... ___ .__ _ —_ o N y n r O �T O In 3D� Jm. y ��ilm�n lDihNO� DZil _.. O "113 r00 r<ii� p pprcc Of0 Uz pOp (� m. in Ic O ¢ m rn z,>Q,�.. U y -ram m i Y IT (D(�moom� fll�r NNA �ZL (°�o T �f 4zT D. -o � O i { i • yr�iDy�NpT(� p OON^1Lxu Opo mmYzpz 0 m �iD ; -D. 8 mpA3�NmDOTy O , 1 ! y0 z➢A O r { f NS1c�iDp y�yOD m�zlPO Oz �Ty TN Nom N ®. { �,m zO�p3 n D- ➢ 1 / =_ Q��Dwy m,O�N yDy<c�pNr2pp { DAmIn�00mm�<y N x. {._ _ a�y0A90 mr11 fTl 4 ' m0nmAyn�� CO 1 �1nNmXroOD�N�JJi mDOm ' D r_I r7i z- u p XZN z � { { n0i m2ZDrtly �_ O X�i - +0x N �x N11AtTm� z Y a m 1 i a o n —A rxd —__ rr � 1 Npmm prplll Dopy i N vV NLX LOr m ONr@ 2p k�N OHO m' m D S DUBUQUE STREET CA EXHIBIT °D" LEGAL DESCRIPTION OF DOMINANT PROPERTY 855 S. DUBUQUE STREET, IOWA CITY The city block lying adjacent to and east of South Clinton Street, adjacent to and west of South Dubuque Street, and adjacent to and north of Benton Street, more particularly described as: Block 27, plat of an Addition of lots to Iowa City, as laid off as the County Seat of Johnson County, laid off by F.H. Lee, County Agent, June 20, 1842, according to the plat thereof recorded in Book 1 & 2, Page 301, Deed Records of Johnson County, Iowa, including all of Lots 1 through 8 of said Block 27 and the Vacated Alley described in Book 4059, Page 585 of the Records of the Johnson County Recorder. 913 S. DUBUQUE STREET, IOWA CITY A portion of Outlot 1, County Seat Addition as described in Book 760, Page 301, Iowa City, Iowa. Doc ID: 021202080004 TVoe: GEN Recorded: 06/24/2008 at 01:21:55 PM Fee Amt: 822.00 Paoe i of 4 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356 -52 Johnson Countv Iowa Kim Painter County Recorder DECISION 8K4316 PG32 -35 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, MAY 14, 2008 EMMA J. HARVAT HALL FEE MEMBERS PRESENT: Michelle Payne, Edgar Thornton, Ned Wood and Caroline Sheerin ,.> O MEMBERS ABSENT: Karen Leigh !7 -i S 71 STAFF PRESENT: Sarah Holecek and Sarah Walz t) -< CJ e° ° . -, C) W OTHERS PRESENT: Shawn Lueth, Trevor Huffaker = <m M7 SPECIAL EXCEPTION ITEMS: 1. EXC08- 00007: Public hearing regarding an application submitted by Hoover Heights a1 Investors for a special exception to establish a drive - through facility in the CC -2 zone on Lot 49 of Olde Towne Village. Findings of Fact: The board finds the proposed drive - through is to be located in the northwest corner of lot 49 and that the single drive - through lane is located behind the restaurant building. The board finds that the proposed 15 -foot wide drive through lane is set back 20 feet from Rochester Avenue and 10 feet from the adjacent commercial property to the west and that the site plan shows the required 10 -foot buffer of S2 landscape screening within these setbacks. The board finds that there is a significant change in grade from the Rochester Avenue right -of -way and the drive - through location such that the use will be partially screened from the road by the change in grade. The board finds that the proposed site plan shows two stacking spaces at the service window and up to three stacking spaces at the order board. The board finds that property located north of lot 49 is zoned ID -RS and is described in the Northeast District Plan as future single - family residential development. The board finds that all lighting for the proposed use must be reviewed by the building department to insure compliance with the standards in the code. The board finds that all access to the commercial development is limited to one access point from Scott Boulevard via Westbury Drive and a point from Rochester Avenue via Eastbury Drive. The board finds that adequate utilities, drainage and other facilities are in place for the commercial development. The board finds that the Northeast District Plan and the conditional zoning agreement for the property describe this area as a neighborhood commercial center with an emphasis on pedestrian design. Conclusions of Law: Based on the proposed location of the drive - through, the 20 -foot setback from Rochester Avenue and the proposed S2 landscape screening, a limitation on the hours of operation of 6 A.M. to 12 A.M. and staff review of proposed lighting for the use, the board concludes that the drive - through will not be injurious to the use and enjoyment of the property in the immediate vicinity, nor will it diminish property values in the neighborhood. For the above reasons along with the location of the 15 -foot wide single drive - through lane to the rear of the restaurant building, the number of stacking spaces provided and the limited access from Rochester Avenue and Scott Boulevard, the board is concludes that proposed drive - through will not be detrimental or endanger the public health, safety, comfort, or general welfare. For all of the above reasons, the board concludes that the special exception will not impede the normal and orderly development of surrounding property. The board concludes that all adequate utilities, drainage, and access roads for the commercial site are already being provided and that the limitations on access from Rochester Avenue and Scott Boulevard via the private streets (Westbury and Eastbury Drives) will provide ingress and egress so as to minimize congestion on public streets. The board concludes that the building department will review all other aspects of the plan for zoning compliance. The board concludes that based on the location of the drive - through lane, its separation from other uses on the lot and its limitation to one -lane only, the proposed exception complies with the Comprehensive Plan and its emphasis on t e pedestrian oriented design of the commercial development. c� °n Disposition: By a vote of 3 -1, Wood voting against, the Board approves the speci;R `` w exception subject to substantial compliance with the site plan submitted and subjQrlo j_ restricting the use of the drive - through facility to the hours of 6 A.M. to midnight. o P 0 D fi a EXC08 -00008 — Public hearing regarding an application submitted by Parkview Church for a special exception to allow an addition to a church facility in the RS -5 zone at 15 Foster Road. Findings of Fact: The board finds that the church is located in the RS -5 zone at the intersection of Foster Road and Dubuque Street, both of which meet or exceed the 28 -foot width requirement. The board finds that the proposed site plan shows compliance with the required front (20 feet), side (20 feet) and rear (50 feet) setbacks for churches located in the single family zone. The board finds that the church is proposing a 12,825 square foot addition along Taft Road and that the south elevation of the church is longer than 200 feet. The board finds that the proposed elevation of the addition fagade is broken into distinct sections, each measuring less than 50 feet, and that these sections feature projections and recesses and corresponding variation in materials and roof line as required by code. The board finds that the current parking area for the church is non - conforming with regard to perimeter landscape screening and that the code requires that the screening be brought into compliance at the time an addition is built. The board finds that the church is not required nor is it proposing any additional parking and that the construction of the proposed addition will eliminate up to 25 parking spaces. The board finds that the applicant has indicated the addition is an extension of current uses and will not increase the overall occupancy of the building. The board finds that there is inadequate drainage in the southeast portion of the parking area such that a trench has developed between the parking area and the Taft Speedway drainage area. Conclusions of Law: The board concludes that the proposed addition and the existing church structure meet the specific setback and vehicle access standards in the code. For 10 this reason along with the limited size of the addition in proportion to the existing structure, the proposed addition shows the required elements necessary to meet the multi - family site development standards that are intended to reduce the mass of the building, and the proposed site plan indicates installation of the required S2 landscape screening around the perimeter of the parking area, the Board concludes that the proposed addition is designed to be compatible with the adjacent uses. As there is no additional parking proposed for the use nor any requirement for additional parking, and the applicant is required to provide perimeter S2 screening for the parking area, the board concludes that the parking area will not erode the single family residential character of the neighborhood and that the proposed perimeter screening will minimize any noise or glare due to vehicle traffic associated with the parking area. For all of the above reasons and because the applicant has indicated that the uses contained in the addition will not generate significant new traffic to the site nor the need for additional parking, the board concludes that the specific proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare, nor will it be injurious to the use and enjoyment of other property in the immediate vicinity or substantially diminish or impair property values in the neighborhood. For these same reasons, the board concludes that the proposed addition will not impede the orderly development of the surrounding area and the present ingress and egress from the site do not need alteration. The board concludes that all utilities and access roads are already in place and that the building department will review the drainage system and all other aspects of the proposed plan to insure compliance with other aspects of the code and to insure appropriate drainage for the property. Because the addition for the church meets all other criteria for the special exception the board concludes that it is consistent with the Comprehensive Plan, which encourages the location of institutional uses in residential neighborhoods so long as they comply with the standards in the zoning code. Disposition: By a vote of 4 -0 the Board approves the application for a special exception to allow a 12,825 square foot addition to the church building for classroom and related uses subject to submittal of a landscaping plan to bring the non - conforming parking area into compliance with current perimeter screening requirements and subject to improvements to the drainage system for the southeast portion of the parking area. Further, the Board approves an extension to the special exception making it valid for a period of eighteen (18) months. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of lowp,, City, Iowa. p > �{ 0 W 9� -: r" ni a D r~ V a / IJ b/'J Ned Wood, Chairperson � -xS - d� STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 14th day of May, 2008, as the same appears of record in my Office. Dated at Iowa City, this )3 r-d day of --J-L o 2?lQ Mariaty Clerk CORPORATE SEAL o �0 > -i�'_y_ C C7-'< N ,r D � v 8 Doc ID: 021204680003 Tvoe: DEN Recorded: 06/26/2008 at 11:06:53 AM Fee Amt: $17.00 Peas i of 3 Johnson Countv Iowa Kim Painter Countv Recorder BK4317 PD271 -273 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 410 East Washington Street Iowa City, Iowa 52240 -1826 F�F (319) 356 -5000 (319) 356.5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and connect copy of Ordinance No. 08 -4307 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 24th day of June, 2008, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 25 °i day of June, 2008. Marian fc. Karr City Clerk \ord Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 ORDINANCE NO. 08 -4307 AN ORDINANCE REZONING APPROXIMATELY 11.7 ACRES OF LAND LOCATED ON RUPPERT ROAD WEST OF OLD HIGHWAY 218 FROM COMMUNITY COMMERCIAL (CC -2) TO INTENSIVE COMMERCIAL (CI -1). (REZ08- 00004) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of properties located on Ruppert Road west of Old Highway 218 from Community Commercial (CC -2 ) to Intensive Commercial (CI- 1); and WHEREAS, business uses conforming to a CI -1 zone are compatible with current surrounding land uses; and WHEREAS, the Comprehensive Plan indicates that these parcels are appropriate for uses consistent with the CI -1 zone; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classification of Community Commercial (CC -2) to Intensive Commercial (CI -1) is hereby approved: Lots 8 through 17 of the North Airport Development as described in the Final Plat of North Airport Development recorded in deed book 43, page 182, dated October 17, 2001 in the records of the Johnson County, Iowa, Recorder. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 24th day of June 20 08 ATTEST:/C�rr J lfil/ CITY CLERK M d by - (CCi GuITd�t�Gzr City Attorney's Office 1, N� Ordinance No. 08 -4307 Page 2 It was moved by Wilburn and seconded by O'Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x x x x x x x First Consideration 5/13/2008 Voteforpassage: AYES: Champion, Correia, Bailey. NAYS: None. ABSENT: None. Second Consideration 6/3/2008 Vote for passage: AYES: Champion, Correia, Bailey. NAYS: None. ABSENT: None. Date published Bailey Champion Correia Hayek O'Donnell Wilburn Wright Hayek, O'Donnell, Wilburn, Wright, Hayek, O'Donnell, Wilburn, Wright, Doe ID: 021204690003 Tvoe: GEN Recorded: 06/26/2008 at 11:07:13 AM Fee Amt: $17.00 Pace 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder BK4317 PG274 -276 STATE OF IOWA ) ) SS JOHNSON COUNTY ) 410 East Washington Street Iowa City, Iowa 52240 -1826 FED (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 08 -4308 which was passed by the City Council of Iowa City, Iowa, at a special meeting held on the 24th day of June, 2008, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 25th day of June, 2008. _AJ 7�/. � Marian K. Karr City Clerk \ord \v Prepared by: Adam Ralston, Planning Intern, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 •' • • 1' 1: AN ORDINANCE REZONING APPROXIMATELY 8.95 ACRES OF LAND LOCATED ON RUPPERT ROAD WEST OF OLD HIGHWAY 218 FROM COMMUNITY COMMERCIAL (CC -2) TO NEIGHBORHOOD PUBLIC (P -1). (REZ08- 00004) WHEREAS, the applicant, the City of Iowa City, has requested a rezoning of properties located on Ruppert Road west of Old Highway 218 from Community Commercial (CC -2 ) to Neighborhood Public (P -1); and WHEREAS, these properties are currently under the ownership of the City of Iowa City and are intended to remain under said ownership; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission has recommended approval of the proposed rezoning; and WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The property described below is hereby reclassified from its current zoning classification of Community Commercial (CC -2) to Neighborhood Public (P -1) is hereby approved: Outlets B and C of the North Airport Development as described in the Final Plat of North Airport Development recorded in deed book 43, page 182, dated October 17, 2001 in the records of the Johnson County, Iowa Recorder. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owners expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY' If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. June , 20_0_a_. Appr OVedl by 7 City Attorney's Office F� /�Icly , .. 1 a ; , cl Ordinance No. 08 -4308 Page 2 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: x _x� x x x x —x — NAYS: ABSENT: First Consideration 5/13/2008 Bailey Champion Correia Hayek O'Donnell Wilburn Wright Voteforpassage: AYES: Correia, Hayek, O'Donnell, Champion. NAYS: None. ABSENT: None. Second Consideration 6/3/2008 Voteforpassage: AYES: Correia, Hayek, O'Donnell, Champion._ NAYS: None. ABSENT: None. Date published 7/2/2008 Wilburn, Wright,Bailey, Wilburn, Wright, Bailey, �v III 111111111111111 Hill III 111111111111 pill 11111111111111111111111111111111111111 Doc ID: 021222450031 TVDe: GEN ._ Recorded: 07/15/2008 at 11:21:04 AM ' Fee Amt: 8157.00 Page 1 of 31 Johnson County Iowa Kim Painter Countv Recorder BK4324 PG841 -871 STATE OF IOWA ) ) SS JOHNSON COUNTY ) T r _�1 ®sue- e :.III CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Marian K. Kan-, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and connect copy of Resolution No.08 -134 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 13th day of May, 2008, all as the same appears of record in my office. Also attached are the final legal documents for Peninsula Neighborhood, Phase 2A as follows: 1. Attorney's Title Opinion 2. Certificate of County Treasurer 3. Certificate of County Auditor 4. Subdivider's Agreement 5. Conservation Easement Agreement, G. Storm Sewer and Drainage Easement Agreement 7. Utility, Sanitary Sewer, Storm Sewer, Water Main, Access and Connnon Drive Easement Agreement 8. Off -site Storm Water Detention Basin Easement Agreement w /attachments Dated at Iowa City, Iowa, this Z:��_ day of 2008. Marian K Karr City Clerk Ves subdivision 0 05 -13 -08 4i Prepared by: Robert Mildo, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5240 (SUB08- 00004) RESOLUTION NO. 08 -134 RESOLUTION APPROVING FINAL PLAT OF THE PENINSULA NEIGHBORHOOD PHASE 2A, IOWA CITY, IOWA. WHEREAS, the Peninsula Development Company, filed with the City Clerk the final plat of the Peninsula Neighborhood Phase 2A, 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: PART OF AUDITORS PARCEL NO. 2001020, AS RECORDED IN BOOK 43, PAGE 43 OF THE OFFICE OF THE JOHNSON COUNTY RECORDER, AND LOCATED IN THE SOUTHWEST QUARTER OF SECTION 4, AND THE SOUTHEAST QUARTER OF SECTION 5, IN TOWNSHIP 79 NORTH, RANGE 6 WEST OF THE 5TH P.M., JOHNSON COUNTY, IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 51 OF THE PENINSULA NEIGHBORHOOD SECOND ADDITION AS RECORDED IN BOOK 46, PAGE 186 OF THE JOHNSON COUNTY RECORDS; THENCE S27 °55'45 "W, 207.48 FEET ALONG THE WESTERLY LINE OF SAID LOT 51; THENCE S40 °27'14 "W, 53.00 FEET; THENCE S49 °32'46 "E, 11.05 FEET; THENCE S40 °27'14 "W, 180.52 FEET; THENCE S27 °46'06 "W, 49.16 FEET; THENCE N62 °12'38 "W, 10.27 FEET; THENCE S27 047'22 "W, 53.00 FEET; THENCE S62 °12'38 "E, 110.32 FEET; THENCE S27 °46'06 "W, 85.20 FEET; THENCE S12 °47'39 "E, 8115 FEET; THENCE S64 °46'06 "W, 119.17 FEET; THENCE S73 °05'03 "W, 101.10 FEET; THENCE N89 °19'43 "W, 59.10 FEET; THENCE N59 028'31 "W, 47.52 FEET; THENCE N70 °45'54 "W, 56.87 FEET; THENCE N53 °30'11 "W, 188.30 FEET; THENCE N28 041'11 "W, 124.62 FEET; THENCE N29 °39'25 "E, 187.75 FEET; THENCE N37 032'43 "E, 141.28 FEET; THENCE N46 °24'05 "E, 120.65 FEET; THENCE N59 °51'16 "E, 63.62 FEET; THENCE N40 014'00 "E, 60.00 FEET; THENCE N56 °51'07 "E, 62.54 FEET; THENCE N67 013'55 "E, 132.08 FEET; THENCE S49 °32'46 "E, 63.47 FEET; THENCE S01 °35'09 "E, 95.85 FEET; THENCE S49 °32'46 "E, 56.26 FEET; THENCE N40 027'14 "E, 190.89 FEET TO THE NORTHERLY LINE OF AUDITORS PARCEL 2001020; THENCE ALONG SAID LINE S65 031'42 "E, 42.34 FEET TO THE POINT OF BEGINNING. SAID SUBDIVISION CONTAINS 7.60 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said 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 final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2007) and all other state and local requirements. )�J Resolution No. 0$ =134 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said 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 the streets, easements public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the 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 13th day of ATTEST: V CITY LERK nNNlwcu uy ItyAtto ey's ffice �j-Og It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: Uym x X x x X x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright pcMemplalea SUeDS-0 pen 2A Final- Resdo.doc �0) Prepared By: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356 -5030 TITLE OPINION I, Sara F. Greenwood Hektoen, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined an abstract of title to property known and designated as the Peninsula Neighborhood, Phase 2A, Iowa City, Iowa, and legally described as follows, to -wit: COMMENCING AT THE NORTHWEST CORNER OF LOT 51 OF THE PENINSULA NEIGHBORHOOD SECOND ADDITION AS RECORDED IN BOOK 46, PAGE 186 OF THE JOHNSON COUNTY RECORDS;THENCE S27 °55'45 "W, 207.48 FEET ALONG THE WESTERLY LINE OF SAID LOT 51; THENCE S40 °27'14 "W, 53.00 FEET; THENCE S49 °32'46 "E, 11.05 FEET; THENCE S40 °27'14 "W, 180.52 FEET;THENCE S27 °46'06 "W, 49.16 FEET; THENCE N62 °12'38 "W, 10.27 FEET; THENCE S27 °47'22 "W, 53.00 FEET; THENCE S62 °12'38 "E, 110.32 FEET; THENCE S27 °46'06 "W, 85.20 FEET; THENCE S12 °47'39 "E, 81.75 FEET; THENCE S64 °46'06 "W, 119.17 FEET; THENCE S73 °05'03 "W, 101.10 FEET; THENCE N89 °19'43 "W, 59.10 FEET; THENCE N59 °28'31 "W, 47.52 FEET; THENCE N70 °45'54 "W, 56.87 FEET; THENCE N53 °30'11 "W, 188.30 FEET; THENCE N28 °41'11 "W, 124.62 FEET; THENCE N29 °39'25 "E, 187.75 FEET; THENCE N37 °32'43 "E, 141.28 FEET; THENCE N46 °24'05 "E, 120.65 FEET; THENCE N59 °51'16 "E, 63.62 FEET; THENCE N40 °14'00 "E, 60.00 FEET; THENCE N56 °51'07 "E, 62.54 FEET; THENCE N67 °13'55 "E, 132.08 FEET; THENCE S49 °32'46 "E, 63.47 FEET; THENCE S01 °35'09 "E, 95.85 FEET; THENCE S49 °32'46 "E, 56.26 FEET; THENCE N40 °27'14 "E,190.89 FEET TO THE NORTHERLY LINE OF AUDITORS PARCEL 2001020; THENCE ALONG SAID LINE S65 °31'42 "E, 42.34 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 7.60 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. It is hereby certified that fee simple title of said property is in the City of Iowa City, Iowa, a municipal corporation organized under the laws of the State of Iowa, and is subject to a Development Agreement in favor of Peninsula Development Company dated January 6, 2004 and recorded January 13, 2004 at Book 3686, Pages 718 -732, records of the Johnson County Recorder, and amendments thereto. DATED at Iowa City, Iowa, this " day of June, 2008. Sara F. Greenwood Hektoen Asst. City Attorney, City of Iowa City 410 E. Washington Street Iowa City, IA 52240 0 Prepared By: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356 -5030 CERTIFICATE OF COUNTY TREASURER I, the undersigned, Treasurer of Johnson County, Iowa, or deputy thereof, hereby certify that the following described property, also known as the Peninsula Neighborhood Phase 2A, Iowa City, Iowa, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: COMMENCING AT THE NORTHWEST CORNER OF LOT 51 OF THE PENINSULA NEIGHBORHOOD SECOND ADDITION AS RECORDED IN BOOK 46, PAGE 186 OF THE JOHNSON COUNTY RECORDS;THENCE S27 °55'45 "W, 207.48 FEET ALONG THE WESTERLY LINE OF SAID LOT 51; THENCE S40 °27'14 "W, 53.00 FEET; THENCE S49 °32'46 "E, 11.05 FEET; THENCE S40 °27'14 "W, 180.52 FEET;THENCE S27 °46'06 "W, 49.16 FEET; THENCE N62 °12'38 "W, 10.27 FEET; THENCE S27 °47'22 "W, 53.00 FEET; THENCE S62 °12'38 "E, 110.32 FEET; THENCE S27 °46'06 "W, 85.20 FEET; THENCE S12 °47'39 "E, 81.75 FEET; THENCE S64 °46'06 "W, 119.17 FEET; THENCE S73 °05'03 "W, 101.10 FEET; THENCE N89 °19'43 "W, 59.10 FEET; THENCE N59 °28'31 "W, 47.52 FEET; THENCE N70 °45'54 "W, 56.87 FEET; THENCE N53 °30'11 "W, 188.30 FEET; THENCE N28 °41'11 "W, 124.62 FEET; THENCE N29 °39'25 "E, 187.75 FEET; THENCE N37 °32'43 "E, 141.28 FEET; THENCE N46 °24'05 "E, 120.65 FEET; THENCE N59 °51'16 "E, 63.62 FEET; THENCE N40 °14'00 "E, 60.00 FEET; THENCE N56 °51'07 "E, 62.54 FEET; THENCE N67 °13'55 "E, 132.08 FEET; THENCE S49 °32'46 "E, 63.47 FEET; THENCE S01 °35'09 "E, 95.85 FEET; THENCE S49 °32'46 "E, 56.26 FEET; THENCE N40 °27'14 "E,190.89 FEET TO THE NORTHERLY LINE OF AUDITORS PARCEL 2001020; THENCE ALONG SAID LINE S65 °31'42 "E, 42.34 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 7.60 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. DATED at Iowa City, Iowa, this day of `To a3 2008. Treasurer of Johnson County, lose , or Deputy Treasurer of Johnson County, Iowa Prepared By: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356 -5030 CERTIFICATE OF COUNTY AUDITOR I, the undersigned Auditor of Johnson County, Iowa, or deputy thereof, hereby approve of Peninsula Neighborhood Phase 2A as a succinct and unique name for the subdivision containing the following real estate located in Johnson County, Iowa as required in Section 354.6(s) Code of Iowa: COMMENCING AT THE NORTHWEST CORNER OF LOT 51 OF THE PENINSULA NEIGHBORHOOD SECOND ADDITION AS RECORDED IN BOOK 46, PAGE 186 OF THE JOHNSON COUNTY RECORDS;THENCE S27 °55'45 "W, 207.48 FEET ALONG THE WESTERLY LINE OF SAID LOT 51; THENCE S40 °27'14 "W, 53.00 FEET; THENCE S49 °32'46 "E, 11.05 FEET; THENCE S40 °27'14 "W, 180.52 FEET;THENCE S27 °46'06 "W, 49.16 FEET; THENCE N62 °12'38 "W, 10.27 FEET; THENCE S27 °47'22 "W, 53.00 FEET; THENCE S62 °12'38 "E, 110.32 FEET; THENCE S27 °46'06 "W, 85.20 FEET; THENCE S12 °47'39 "E, 81.75 FEET; THENCE S64 °46'06 "W, 119.17 FEET; THENCE S73 °05'03 "W, 101.10 FEET; THENCE N89 °19'43 "W, 59.10 FEET; THENCE N59 °28'31 "W, 47.52 FEET; THENCE N70 °45'54 "W, 56.87 FEET; THENCE N53 °30'11 "W, 188.30 FEET; THENCE N28 °41'11 "W, 124.62 FEET; THENCE N29 °39'25 "E, 187.75 FEET; THENCE N37 °32'43 "E, 141.28 FEET; THENCE N46 °24'05 "E, 120.65 FEET; THENCE N59 °51'16 "E, 63.62 FEET; THENCE N40 °14'00 "E, 60.00 FEET; THENCE N56 °51'07 "E, 62.54 FEET; THENCE N67 °13'55 "E, 132.08 FEET; THENCE S49 °32'46 "E, 63.47 FEET; THENCE S01 °35'09 "E, 95.85 FEET; THENCE S49 °32'46 "E, 56.26 FEET; THENCE N40 °27'14 "E,190.89 FEET TO THE NORTHERLY LINE OF AUDITORS PARCEL 2001020; THENCE ALONG SAID LINE S65 °31'42 "E, 42.34 FEET TO THE POINT OF BEGINNING. SAID PROPERTY CONTAINS 7.60 ACRES AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. DATED at Iowa City, Iowa, this day of -1 &4 1 2008. .% 4-TIM /104gfr `Auditor of Johnson County, Iowa, or Deputy Auditor of Johnson County, Iowa 1�� Prepared By: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356 -5030 SUBDIVIDER'S AGREEMENT PENINSULA NEIGHBORHOOD PHASE 2A IOWA CITY, IOWA THIS AGREEMENT, is hereby made by and between the City of Iowa City, Iowa, as Owner and Subdivider (hereinafter "Subdivider "), and the City of Iowa City, Iowa, as a municipal corporation and regulatory authority (hereinafter "the City "), which expression shall include their respective successors in interest and assigns. IT IS HEREBY AGREED AS FOLLOWS: SECTION 1. PUBLIC IMPROVEMENTS In consideration of the City approving the final plat and subdivision of The Peninsula Neighborhood Phase 2A, Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land, as follows: A. Except as provided in this Agreement, the City shall not issue a building permit for any lot in said subdivision unless and until the Subdivider installs and the City accepts water mains, sanitary sewers, storm sewers, drainageways, drainage swales, and concrete paving, hereinafter referred to as "Public Improvements ". The required concrete paving shall be 25 feet in width on Walker Circle and 16 feet in width on Barber's Place, and include the installation of a curbed traffic island on Barber's Place, as indicated by the approved Construction Plans on file in the Iowa City Public Works Department. B. City shall not issue a building permit for any lot in the subdivision unless and until subdivision erosion control measures have been installed and approved as required by the City under its ordinances. C. The City shall not issue a building permit for any lot in the subdivision unless and until the Subdivider, its assigns or successors in interest shall have paid to the City a Water Main Extension Fee in the amount of $3002.00 based on the current fee of $395 per acre for the 7.60 acre parcel as set by Ordinance. Nothing in this Agreement shall be construed to impose any requirement on the City to install the original Public Improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said Improvements. The parties agree that the obligation to install the Public Improvements herein shall be in accordance with the City's specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. �j SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND COVENANT. In consideration of the City approving the Subdivider's Storm Water Management Plan, the Subdivider agrees as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the subdivision until a Storm Water Management Facility ( "Facility "), including the site work incident thereto, has been installed and released by the City. Per the Subdivider's Storm Water Management Plan, stormwater from Peninsula Neighborhood Second Addition and Peninsula Neighborhood Phase 2A shall be served by a Facility located in Phase Three of the Peninsula Neighborhood, as outlined on the approved Peninsula Neighborhood Preliminary Plat and Sensitive Areas Development Plan. Therefore, with the platting of Peninsula Neighborhood Phase 2A, Subdivider shall execute and record an off -site storm water detention basin easement agreement providing for the construction. and use of the Facility located in Phase Three by the lots located in Phase 2A. As said Facility is infrastructure critical to this development, Subdivider shall have the obligation to establish, construct and maintain said Facility in accordance with its Storm Water Management Plan and City Ordinances, notwithstanding that the property is located beyond the boundaries of this subdivision and under City ownership. Subdivider agrees that the duty to establish and maintain the Facility shall remain on the Subdivider and its successors and assigns in interest, which successor may be a homeowner's association consisting of the owners of the lots in those subdivisions served by the Facility. Said maintenance shall comply with the City's Storm Water Management Ordinance. SECTION 3. CONSTRUCTION OF IMPROVEMENTS' The Improvements and the Facility described in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdivider in accordance with plans and specifications approved by the City Engineer of the City of Iowa City, Iowa, who shall have the right to make occasional inspection of the work in progress. However, such inspection shall not relieve or release the Subdivider from the responsibility to construct and maintain said Improvements and Facility pursuant to the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City to ensure construction of said improvements in accordance with said plans and specifications. SECTION 4. SIDEWALKS. The Subdivider agrees that it will install sidewalks abutting each lot in said subdivision adjacent to Walker Circle and Barber's Place as required by Section 15 -3 -5 and in accordance with Section 16 -1C -1, 2, and 3 of the Iowa City Code of Ordinances. This obligation for the installation of sidewalks shall include the installation of sidewalk abutting Auditor's Parcel 2001020 along Walker Circle, and such sidewalk shall be constructed and installed at the time Walker Circle abutting such Auditor's Parcel is paved. The sidewalks shall be installed in the subdivision as required by Section 15 -3 -5 and Sections 16 -1C -1, 2 and 3, Iowa City Code of Ordinances, and shall remain a lien on each lot such sidewalk abuts until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's Office. The obligation to install the sidewalks may be assumed by the successors in interest to the Subdivider for any particular lot. 13 SECTION 5. BUILDING PERMIT AND ESCROW MONIES In the event the Subdivider, its assigns or successors in interest, desires a building permit for any lot in the subdivision before the Improvements and Facility required by Section 1A, 1B and 1C and Section 2 have been installed and accepted by the City, the Subdivider, its assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to the estimated cost of said Improvements and Facility, plus ten percent (10 %) thereof. The City Engineer shall determine the estimated cost of the Improvements and Facility and establish the amount of the necessary escrow (hereinafter "Improvements Escrow") In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the subdivision, that the Subdivider deposit in escrow with the City, the sum of $2,000.00 (hereinafter "Erosion Clean -up Escrow ") to cover the past or future cost of cleaning public streets, storm. sewers, gutters, catch basins or Stormwater Management Facilities which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Subdivider agrees to accept responsibility for the cost of such clean -up, and to the extent that the Subdivider fails to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -up Escrow and, if the Escrow is inadequate, to charge any excess costs to the Subdivider. If the Erosion Clean -up Escrow is insufficient to pay the costs incurred by the City, the Subdivider shall promptly reimburse the City for the excess costs incurred. Any unused balance of the Erosion Clean -up Escrow shall be returned to the Subdivider after erosion control measures have been installed and groundcover has been established by growth within the subdivision. After the Erosion Clean -up and Improvements Escrows have been established, the Building Inspector is authorized to issue a building permit, if the applicant is in compliance with all other applicable requirements and ordinances of the City. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City, in its sole discretion, may require the Subdivider, its assigns or successors in interest, to construct and install the Improvements, Sidewalks, and Facility as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the Improvements and Facility have not been constructed and installed, the City may use any funds deposited in the Improvements Escrow to construct and install the Improvements and Facility. If the cost of constructing and installing said Improvements and Facility exceeds the amount of the Escrow, the City shall have a lien and charge against all the lots in the subdivision for the balance of the cost. The City shall refund to the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of the Improvements and Facility. 1'b SECTION 8. WAIVER. If Subdivider sells or conveys lots in the subdivision without constructing or installing the Improvements and Facility or the Subdivider fails to construct sidewalks, the City shall have the right to install and construct said Improvements, Facility and sidewalks. The costs of said Improvements and Facility shall be a lien and charge against all the lots in said subdivision under the provisions of Chapter 384 of the 2007 Code of Iowa, as amended. Subdivider acknowledges and agrees that all lots in the Subdivision are specifically benefited by the Improvements and Facility, and that the cost of installing and constructing the Improvements and Facility need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing the cost of such Improvements and Facility. The cost of installing the sidewalks shall be a lien only against the lot or lots abutting and /or in front of which sidewalks are installed. It is further provided that this requirement to construct said Improvements, Facility and sidewalks is and shall remain a lien from the date of execution of this Agreement until properly released, as provided in Sections 9 and 10. SECTION 9. RELEASE. The City agrees that when the Improvements have been installed in the subdivision to the satisfaction of the City, it will, upon request, promptly issue to the Subdivider, for recording in the office of the County Recorder of Johnson County, Iowa, a good and sufficient release of the lots in the subdivision, so that this Agreement will not constitute a cloud upon the title of the lots in the subdivision. A separate sidewalk lien release shall be issued where appropriate as set forth in Section 4 above. The Iowa City Mayor is hereby authorized to execute said release, and all other necessary and appropriate releases, with the concurrence of the City Attorney and the City Engineer. This section also authorizes the execution of one or more limited release agreements based on the use of escrows for improvements as contemplated in Section 5 above. SECTION 10. STORM WATER MANAGEMENT FACILITY RELEASE. With respect to Subdivider's obligation to construct the Storm Water Management Facility, the City agrees to provide a limited release for the development from any liens or clouds on title to the Development by reason of such storm water management obligations, provided the City Engineer certifies that the following conditions and /or events have occurred: The Facility serving that portion of the development to be released has been substantially completed, is functioning as designed and is functioning in accordance with the City's Stormwater Management Ordinance; and 2. An escrow account has been established with the City in an amount not less than $5,000.00 to which the City's lien should attach immediately upon execution or recording of the limited release. The City agrees to issue a total release for the Facility upon certification by the City Engineer, in writing, that all of the following events and /or conditions have been satisfactorily completed: Permanent ground cover is established and mowable; and 2. Erosion and sedimentation are controlled in conformance with the approved plans 1'?) and specifications; and 3. All land within the tributary area in the Development utilizing the Facility has been developed; and 4. The Facility is complete, functioning as designed and functioning in accordance with the City's Stormwater Management Ordinance. The Iowa City Mayor is hereby authorized to execute all releases provided for in this Section, with the concurrence of the City Engineer and the City Attorney. SECTION 11. STREET MAINTENANCE. The Subdivider agrees that the public services, including but not limited to street maintenance, traffic control, snow removal and solid waste collection, need not be extended to any part in said subdivision until the concrete pavement is installed and accepted by the City. SECTION 12. NEIGHBORHOOD OPEN SPACE. The parties hereto acknowledge and agree that, Peninsula Neighborhood Phase 2A has satisfied all obligations to dedicate neighborhood open space and /or pay fees -in -lieu of dedication of neighborhood open space pursuant to the requirements of the City's Neighborhood Open Space Ordinance and the provisions of Section 15-4 -2 of the Iowa City Code of Ordinances. Subdivider, its assigns and successors in interest, hereby agree and covenant that, in order to minimize the potential impact of the application of chemicals, the use of chemicals to control pests, fungus, or weeds and /or for other turf application purposes within the subdivision shall be limited to those chemicals identified on the attached schedule labeled Exhibit "A ", incorporated herein by this reference, and that the frequency of application of said chemicals shall also be in accordance with the attached schedule, Exhibit "A ". The parties agree that the Schedule of Permitted Chemicals, Exhibit "A ", may be amended from time to time to add or delete permissible chemicals and to modify the frequency of application of chemicals. Amendments to the Schedule may be requested by the City or the Subdivider, but shall only be adopted with the approval of both the City and the Subdivider, which approval shall not be unreasonably withheld. Subdivider agrees that the City shall have the right, but not the obligation, to monitor and inspect the application of chemicals within the Subdivision and to enforce the terms of this covenant as a beneficiary of same. Further, the City shall have the right to order the Subdivider, its successors and assigns to suspend the application of chemicals within the Subdivision if the City determines in good faith and based upon reasonable evidence that the continued application of certain chemicals within the Subdivision presents an imminent danger to the public health and safety. The Subdivider acknowledges that it shall have the obligation and responsibility to see that: (i) only approved chemicals are applied within the Subdivision; (ii) chemical applications are accomplished in accordance with manufacturers' instructions; and (iii) that all chemical 1 °� applications within the Subdivision are accomplished in accordance with any applicable state or federal requirements. The Subdivider, its successors in interest and assigns, which may include the Peninsula Neighborhood Homeowner's Association, shall be responsible for the maintenance of any common areas such as the open space on the curbed traffic island in the center of the Barber's Place right -of -way, including all landscaping, plantings, drainageways, parking areas, sidewalks and similar improvements located in such common areas, and that the City shall have no obligation for the maintenance of such common areas or improvements therein whatsoever. All use and maintenance of common areas shall be subject to the terms and conditions of any conservation easements placed upon such real estate. Subdivider, its assigns and successors in interest, hereby agrees and covenants that housing constructed within the Peninsula Neighborhood Second Addition shall conform' to type and location as indicated and depicted on the Amended Preliminary Plat and Sensitive Areas Development Plan of the Peninsula Neighborhood Development dated April 12, 2001 and approved by Resolution No. 01 -124 on May 3, 2001, except as same may be amended, and development within said subdivision shall generally conform to same. SECTION 16. MISCELLANEOUS A. Lots Containing Private or Common Drive Easements The parties hereto acknowledge and agree that lots containing or abutting Private or Common Drive Easements as indicated on the Final Plat of the Peninsula Neighborhood Phase 2A shall not be granted any other curb cut or access to public streets and /or alleys. B. Conservation Line and Conservation Easement Agreement: The parties hereto acknowledge and agree that Subdivider, its successors and assigns shall not undertake any "development activity ", (defined as any human -made change to improved or unimproved property, including, but not limited to, placement of manufactured housing, building or other structures, construction, demolition, clearing, mining, dredging, filling, grading, paving, excavating or drilling), or other disturbance within the area designated by the "Conservation Line" on the Final Plat of Peninsula Neighborhood Phase 2A except as may be permitted under the terms of the Conservation Easement Agreement. To that end, with the platting of Peninsula Neighborhood Phase 2A, Subdivider shall execute and record a Conservation Easement Agreement outlining the relative rights and responsibilities of the parties for the purposes of preserving the natural resources contained therein pursuant to the Iowa City Sensitive Areas Ordinance and Iowa code Chapter 457A. C. Private Street Lighting System: The parties hereto acknowledge and agree that the Subdivider may construct a private street lighting system within the right -of -way dedicated to the City pursuant to this plat provided that the Subdivider executes and delivers an appropriate Use of Right -of -Way agreement with the City of Iowa City, 1 ib Iowa, the terms of which shall include Subdivider's acceptance of responsibility for all costs associated with said system, indemnification of the City for the use of said right -of -way and the unqualified authority of the City to require removal of said lighting system upon ninety (90) days written notice to Subdivider, its successors and /or assigns. SECTION 17. SUCCESSORS AND ASSIGNS. The provisions of this Agreement shall inure to the benefit of and bind the parties, their successors and assigns and shall be construed as a covenant running with the land and the title to the various lots in the subdivision. Dated this 13mclay of /T7 z(.,L 200-2 CITY OF IOWA CITY, IOWA AS OWNER/SUBDIVIDER r BY: Reg ' . Bailey, ayor ATTEST: Marian K. Ka ity Clerk CITY OF IOWA CITY, IOWA AS REGULATORY AUTHORITY ATTEST: % 9 isr� X. �w4/ Marian K. Karr, ity Clerk 0 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this )(I Lday of �—j7t ((4 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. wc LE _ld tary Public in and for the State of Iowa STATE OF IOWA ) I SS: JOHNSON COUNTY ) On this I A day of -.� f-rd2� , 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. r iurrr �.c lrc� A l czfi/ ° No ry Public in and for the State of Iowa Al .; S rxN es 1'b EXHIBIT "A" SCHEDULE OF PERMITTED CHEMICALS 1. Preemergence Herbicides Application 1) Pendimethalin - for use on Spring - between areas other than bentgrass March 1 st and May 1 st green areas 2) Betason - for use on Spring - between bentgrass green areas March 1st and May 1st II. Postemergence Herbicides 1) Confront (triclopyr and Spot treatment only clopyralid combination) no broadcast application 111. Insecticides 1) Dursban Treatment of active infestations only no preventative applications 2 to 3 times per year IV. Fungicides 1) Alliette Preventative applications on greens 3 to 4 times per year -June 15th -Aug 15th 2) Terraneb Used only to treat active outbreaks of disease 3) Daconil Used only to treat active outbreaks of disease 4) Chipco Used only to treat active outbreaks of disease 5) Dithane used only to treat active outbreaks of disease 6) Bayleton used only to treat active outbreaks of disease ��J Prepared By: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356 -5030 CONSERVATION EASEMENT AGREEMENT THIS AGREEMENT, is hereby made by and between the City of Iowa City, Iowa, as Owner and Subdivider (hereinafter "Owner "), and the City of Iowa City, Iowa, a municipal corporation and regulatory authority (hereinafter "the City "), which expression shall include their successors in interest and assigns. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, a conservation easement in perpetuity for purposes of preserving, pursuant to the Iowa City Sensitive Areas Ordinance, woodlands, trees and slopes and for conserving the natural resources of the state as recognized in Iowa Code Chapter 457A, together with the right of ingress and egress thereto, within and /or to, over and across . such areas within the designated "Conservation Line" on the Final Plat of Peninsula Neighborhood Phase 2A, Iowa City, Iowa (hereinafter "easement area "). Owner further grants to the City the right, from time to time, to take any and all such actions as are necessary and consistent with the purposes of preserving, pursuant to the Iowa City Sensitive Areas Ordinance, woodlands, trees and slopes within the Easement Area for conserving the natural resources of the state as recognized in Iowa Code Chapter 457A. Such right of action includes, but is not limited to, the right to restore to its natural state or enhance any portion of the easement area, the right to install erosion control, plant trees or use other conservation techniques, and the right to prevent any activity on or use of the easement area which is inconsistent with the purposes of preservation as outlined in this easement agreement. The Owner, for itself and its successors in interest, reserves the right to use said easement area for purposes which will not interfere with the conservation easement hereby granted; provided that neither the Owner nor its successors shall undertake any development activity or disturbance within said easement area except as may be permitted under the Iowa City Sensitive Areas Ordinance after written approval by the City. Fences and /or trees placed in the easement areas, with or without City approval, may be removed by the City without compensation or replacement. The City shall promptly repair any damages caused by the City within the easement area. However, actions taken by City consistent with the purposes of this easement shall not be considered damaging. The City shall indemnify the Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or its agents or employees in the course of their employment. Unless expressly provided herein, the City shall not have responsibility for maintaining the easement areas. ��J The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this 1341i day of V ,lh 2008. CITY OF IOWA CITY, IOWA AS OWNER/SUBDIVIDER M ATTEST:v Marian K. Kar , City Clerk CITY OF IOWA CITY, IOWA AS REGULATORY AUTHORITY AND MACIPAL CORPORA-TIC AN Regegta Bailey, Mayor ATTES : •�f� 7[ Marian K. Karr,-City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 1)-kl% day of `z�tr�, 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed.. IT Notary Public in and for the State of Iowa 0 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /14t� day of --,zj1tc Ctd-% -, 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. €i K Turr�r Notary Public in and for the State of Iowa i„ »rar�ai819 rY iLi'h j'�'Dpim Prepared By: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356 -5030 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT, is hereby made by and between the City of Iowa City, Iowa, as Owner and Subdivider (hereinafter "Owner"), and the City of Iowa City, Iowa, a municipal corporation and regulatory authority (hereinafter "the City "), which expression shall include their successors in interest and assigns. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City, an easement for purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, conduits and drainageways as the City shall from time to time elect for conveying storm water together with all necessary appliances and fittings for use in connection with said lines and adequate protection thereof and also a right -of -way with right of ingress and egress thereto, over and across those areas designated, either singularly or in conjunction with another easement, as "storm sewer easement" and /or "drainage easement" and /or "storm sewer and drainage easement" on the Final Plat of Peninsula Neighborhood Phase 2A, Iowa City, Iowa (hereinafter "easement areas "). Owner further grants to the City the following rights in connection with the easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the storm sewer and /or drainage lines, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and shall repair any damages caused by the City within the easement areas. The City shall indemnify the Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or its agents or employees in the course of their employment. Except as expressly provided herein, the City shall not have responsibility for maintaining the easement areas. The Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, construct any reservoir or other obstruction on said areas, or diminish or 0 substantially add to the ground cover over said easement areas. Owner may place trees and /or fences in the easement areas upon the written approval of the City. However, fences and /or trees placed in the easement areas, with or without City approval, may be removed by the City without notice, compensation or replacement. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue in this easement. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. Parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this /�'`� day of 01ect/-, 2008. CITY OF IOWA CITY, IOWA AS OWNER/SUBDIVIDER BY: Reg . Bailey, ayor 1 ATTEST: Marian K. Karr, ity Clerk CITY OF IOWA CITY, IOWA AS REGULATORY AUTHORITY AND MUNICIPAL CORPORATION MN , Mayor ATTEST: &dlelzl - Marian K. Karr, City Clerk 1�� STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this JH11 day of .d c.c 4�(//1 , 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. k:Lc -e,-e- /� AL��� Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this //#t day of �4/ --, , 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. TTLE Notary Public in and for the State of Iowa Exu ns 1'b Prepared by: Sarah E. Holecek, First Assistant City Attorney, 410 E. Washington St., Iowa City, Iowa 52240 UTILITY, SANITARY SEWER, STORM SEWER, WATER MAIN, ACCESS AND COMMON DRIVE EASEMENT AGREEMENT THIS AGREEMENT, is hereby made by and between the City of Iowa City, Iowa, as Owner and Subdivider (hereinafter "Owner "), and the City of Iowa City, Iowa, a municipal corporation and regulatory authority (hereinafter "the City "), which expression shall include their successors in interest and assigns. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City and its franchisees, a sanitary sewer, storm sewer, waterman, access, and utility easement for purposes of providing common access and for the purposes of excavating for and the installing, replacing, maintaining and using such sanitary sewer, storm sewer, water main and lines, pipes and conduits as the City shall from time to time elect for conveying sanitary sewer, storm sewer and water and for the purposes of excavating for and installing, replacing, maintaining and using general utilities, including those necessary for the transmission of electricity, gas, telephone, television cable and such other public utilities as the City and its franchisees shall from time to time elect or require, together with all necessary appliances and fittings for use in connection with said lines or conduits, together with adequate protection therefor, and also a right -of -way with right of ingress and egress over, across and to those areas designated, either singularly or in conjunction with another easement, as "utility easement ", and /or "common drive easement" on the Final Plat of Peninsula Neighborhood Phase 2A, Iowa City, Iowa (hereinafter "easement areas "). Owner further grants to the City the following rights in connection each such easement: 1. The right to grade said easement area for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said easement area and on either side of said easement area which now or hereafter in the opinion of the City may be a hazard to the lines, conduits, mains or utilities, or may interfere with the exercise of the City's rights hereunder in any manner. 3. In addition to the above utility easements, Owner grants to City a public purpose /service vehicle access and fire apparatus access easement over such areas designated as an "access easement" and /or "common drive" and also grants to the adjoining lot owners a mutual, shared non - exclusive access easement over the common drives designated within the Peninsula Neighborhood Phase 2A. Said access /common drive easements include the following: j�J a. All City public purpose /service vehicles and equipment are granted a means of ingress, egress and passage over the common drives within the Peninsula Neighborhood Phase 2A. b. The Owner hereby grants to themselves and future owners, assigns and title holders of such real estate a perpetual, non - exclusive common drive easement over those areas designated "common drive easement" as shown on the Final Plat of the Peninsula Neighborhood Phase 2A for the purposes of egress and ingress to, over, and across the lots abutting said easement. Installation of the driveway constituting common access to the herein - described properties shall be in accordance with City specifications and at the owner's sole expense and that thereafter, repair and maintenance of the common drive easement shall be shared equally by each of the owners of the abutting lots, their heirs, successors in interest, and assigns, and the obligation for repairs and maintenance shall be a covenant to run with the land and with title to the land. c. Upon a substantial change in the use of the above - described property or a substantial change in the circumstances under which this agreement was entered, this shared access /common drive easement and the provisions hereof may be released by appropriate mutual agreement among the owners of the abutting lots and City, duly executed, acknowledged, and recorded in the office of the Recorder of Johnson County, Iowa. d. City's fire department is granted an easement with the right of access over and across each such designated common drive in the Peninsula Neighborhood Part 2A. Said right of access includes the right of non - emergency access and posting for purposes of enforcing fire safety standards under the Uniform Fire Code, as amended. The City shall promptly backfill any trench made by it, and shall repair any damages caused by the City within the easement areas. The City shall indemnify the Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or its agents or employees in the course of their employment. Unless expressly provided herein, the City shall not have responsibility for maintaining the easement areas. The Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall or other structure, plant any trees, drill or operate any well, construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Owner may place trees and /or fences in the easement areas upon the written approval of the City. However, fences and /or trees placed in the easement areas, with or without City approval, may be removed by the City without notice, compensation or replacement. The Owner hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue in this easement. Nor shall the Owner be deemed acting as the City's agent during the original construction and installation of said improvements. 1'b Parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall be deemed to apply to and run with the land and with the title to the land. SIGNED this � � day of /� 2008. CITY OF IOWA CITY, IOWA AS O R/SUBDIVIIDE BY: V . ATTEST: Marian K. Karr, ity Clerk CITY OF IOWA CITY, IOWA AS REGULATORY AUTHORITY AND 4eBa PAL COR O IC By Regiley, Mayor ATTES Marian K. Karr, Citv Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / /411day of -4�-C C&l— , 2008, before me, the undersigned, a Notary Public in and for said County, in said State, 06rsonally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / 1-"A day of t C " , 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Notary Public in and for the State of Iowa fin) Prepared By: Sarah E. Holecek, First Asst. City Attorney, 410 E. Washington St., Iowa City, IA (319) 356 -5030 OFF -SITE STORM WATER DETENTION BASIN EASEMENT AGREEMENT THIS AGREEMENT, is hereby made by and between the City of Iowa City, Iowa, as Property Owner (hereinafter "Owner "), and the City of Iowa City, Iowa, as Subdivider, (hereinafter "Subdivider"), and the City of Iowa City, Iowa, as a municipal corporation and regulatory authority (hereinafter "the City "), which expression shall include each of their respective successors in interest and assigns. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: The City of Iowa City, as Owner of certain real estate, hereby grants unto itself as Subdivider of the Peninsula Neighborhood Phase 2A, and its successors in interest, and unto itself as a municipal corporation and regulatory authority, an easement for the purposes of grading and excavating for a stormwater management facility /stormwater detention basin, and the installation, replacement, maintenance and use of, such storm water lines, pipes, mains, and conduits as the Subdivider shall from time to time elect for conveying storm water to or from such facility or detention structures and storage areas, otherwise known as a Storm Water Management Facility, with all necessary appliances and fitting for the use in connection with said lines, together with adequate protection therefore, and also a right -of -way with right of ingress and egress thereto, over and across the area designated, depicted and described as "Storm Water Detention Basin Easement" on the attached easement plat and legal description marked Attachments "A" and "B" respectively (hereinafter "easement area "). For the sum of One Dollar and other valuable consideration, receipt of which is hereby acknowledged, the Owner and Subdivider hereby grants and conveys to the City, as a regulatory authority, an easement for purposes of grading and excavating for a stormwater management facility, and the installation, replacement, maintenance and use of, such storm water lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm water to or from such facility or detention structures and storage areas, otherwise known as a Storm Water Management Facility, with all necessary appliances and fitting for the use in connection with said lines, together with adequate protection therefore, and also a right -of -way with right of ingress and egress thereto, over and across the area designated, depicted and described as "Storm Water Detention Basin Easement" on the attached easement plat and legal description marked Attachment "A" and "B" respectively (hereinafter "easement area "). The Owner and Subdivider further grants to the City the following rights in connection with the easement: 1. The right to grade said easement areas for the full width thereof, and the right to extend the cuts and fills for such grading into and on said land along and outside of said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away all trees and brush on said 1'D easement areas and on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said basin /facilities, or may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and shall repair any damages caused by the City within the easement areas. The City shall indemnify the Owner and Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City or its agents or employees in the course of their employment. Except as expressly provided herein, the City, as a regulatory authority, shall have no responsibility for maintaining the easement areas. The Owner and Subdivider and their successors reserve the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of its rights hereby granted; provided that the Owner and Subdivider shall not erect or construct any building, fence, retaining wall or other structures; plant any trees, drill or operate any well; construct any reservoir or other obstructions on said easement areas; or diminish or substantially add to the ground cover of said easement areas or make any other use of the easement area that reduces the facility's capacity to retain storm water. Owner may place trees and /or fences in the easement area upon the written consent of the City. However, fences and /or trees place in the easement area, with or without City approval, may be removed by the City without compensation or replacement. Owner and Subdivider shall maintain the area surrounding the easement areas free from weeds and debris; shall in no event fill or permit the Storm Water Detention Basin to be filled in; and Owner and Subdivider also agrees to maintain their land so as. to minimize erosion in and around said easement areas. The Owner and Subdivider hereby covenants with the City that it is lawfully seized and possessed of the real estate described above, and that it has good and lawful right to convey it or any part thereof. After completion of the Storm Water Management Facility, the Subdivider and its successors and assigns shall thereafter maintain the facilities and easement areas. The maintenance shall include maintaining and mowing the groundcover over the facility area and keeping it free of debris. The City and Owner shall have no obligation for maintenance of the Facility or the easement area whatsoever. This obligation for maintenance may be transferred to or otherwise become the obligation of a Homeowners Association. If, after reasonable notice to Subdivider or the Association, as the case may be, the Facility is not maintained in operating condition in accord with Subdivider's Storm Water Management Plan and /or City ordinances, the City, as the regulatory authority, may perform the necessary work, and the cost thereof shall be charged on a prorated basis to all of the housing units within the development area utilizing said facility, and shall be a lien and charge against each of said units in said development area until paid. Nothing in this Agreement shall be construed to impose a requirement on the City, as the regulatory authority, to install the original public improvements at issue herein. Nor shall the Subdivider be deemed acting as the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain on the Subdivider until completion by the Subdivider, and until acceptance by the City, as provided by law. 1� This Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. SIGNED this 11 day of IV 6 12008. CITY OF IOWA CITY, IOWA AS OWNER BY: Bic Reg aley or ATTES f� Marian K. Karr, ity Clerk CITY OF IOWA CITY, IOWA ATTESY Marian K. CITY OF IOWA CITY, IOWA AS REGU TORY AUTHORITY AND M CIPAL CORP T1 BY:Q/I/%Lfn, /, Jd�i ATTEST:~ Marian K. Karr, itv Clerk �9 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this / /41' day of 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. -e— c » Notary Public in and for the State of'lowa STATE OF IOWA ) SS: JOHNSON COUNTY ) On this /�4'Lday of - J (- (ca, 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. Ei � icon, ii rRIT_ ^'f01 STATE OF IOWA ) SS: JOHNSON COUNTY ) k Notary Public in and for the State of Iowa On this JfflI - day of LCD , 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being be me duly sworn, 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 municipal corporation by authority of City council of said municipal corporation; and that the said Regenia D. Bailey and Marian K. Karr acknowledged that execution of said instrument to be the voluntary act and deed of said municipal corporation and by them voluntarily executed. r.T ��_ n� �i 1 Notary Public in and for the State of Iowa 3 W F— Z W Z S U Q f— F— Q Z O_ F— Z W I— W Q +' E o, ul C5 C5 N m (U cu 0 m ou a u u O L a z STORM WATER DETENTION BASIN EASEMENT ATTACHMENT "A" fi�Z�a E 56 22� p4 � I iI It II 1 jI i`E(Et i.i �; I�gOF Iii iii ' f' ii jl �i �i I Z S i- F pe' �t pp n \I y \mss\ o i P� �ry 5 P PRGE1' 2pp1020 e S51'04'55 'E 160.00' 1 tj t{ 'I li tl �I Ii iil N3 .00,16.w 100.00' N36'35'52'w . Pp1tGE� N0000 V01020 34.72. R5 l QP �O (CBRUCE t,ANO spP I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AM THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. D. SIGNATURE: 5- y -°°-- DATE: EMANN BRUCE 219 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2003 PAGES OR SHEETS COVERED BY THIS SEAL: /1 - — • — • — • EASEMENTS P.O.U. PORIT OF BEGIMHG PROJECT: PENINSULA NEIGHBORHOOD BHOJECT " °.` IOWA CITY, IOWA 3022 CK. BY:,1EM SHEET: j McCLURE ENGINEERING CO. BY CVs.. E -1 DATE: 8-19-03! a I 0 0 a' N � 3. b �D N �.N G I� l QP �O (CBRUCE t,ANO spP I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AM THAT 1 AM A DULY LICENSED LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. D. SIGNATURE: 5- y -°°-- DATE: EMANN BRUCE 219 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2003 PAGES OR SHEETS COVERED BY THIS SEAL: /1 - — • — • — • EASEMENTS P.O.U. PORIT OF BEGIMHG PROJECT: PENINSULA NEIGHBORHOOD BHOJECT " °.` IOWA CITY, IOWA 3022 CK. BY:,1EM SHEET: j McCLURE ENGINEERING CO. BY CVs.. E -1 DATE: 8-19-03! a DETENTION BASIN EASEMENT ATTACHMENT "B" LEGAL DESCRIPTION: A parcel of land located in Auditors Parcel No. 2001020, Southwest Quarter of Section 4, Township 79 North, Range 6 West of the 5i1' Principal Meridian, Iowa City, Johnson County, Iowa, described as: Commencing at the northeasterly comer of Auditors Parcel No. 2001020; thence S01 °39'47 "E, 779.35 feet along a easterly line of said Auditors Parcel No. 2001020; thence N89 059'01 "W, 283.66' feet along southerly line of said Auditors Parcel; thence S60 °46'28" W, 209.06 feet along a southeasterly line of said Auditors Parcel to the Point of Beginning; thence continuing S60 046'28" W, 20.00 feet; thence N73 °28'27" W, 90.48 feet; thence N37'00'16" W, 100.00 feet; thence N79 °07'39" W, 160.00 feet; thence N36 °35'52" W, 34.72 feet; thence N27 146'06" E, 95.00 feet; thence S66'32'1 8" E, 221.00 feet; thence S51 °04'55" E, 160.00 feet; thence S30 °25'39" W, 56.85 feet to the Point ofBegim3ing and containing 0.82 acres. E -t NAUsers \jschug \icpe removed from prof directory \Dwg \EASEMENTS\E -I detentionbasin.doc 8119/03 1j �� IIIIIIIIIIIIIIUIIIIIIIIIIIIIllll6111111111111111111111111111111111111111111111 - ,Y_,, -G, Doc ID: 021222560003 Tvoe: GEN 6b Recorded: 07/15/2008 at 12:37:20 PM Fee Amt: $17.00 Peas 1 of 3 Johnson County IoNa Kim Painter Countv Recorder 13K4324 PG885.887 Prepared by: Sunil Terdalkar, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5243 (SUB07- 00007 /SUB07- 00008) RESOLUTION NO. 07 -341 RESOLUTION APPROVING THE AMENDED PRELIMINARY AND FINAL PLAT OF GALWAY HILLS SUBDIVISION - PART IV, IOWA CITY, IOWA. WHEREAS, the applicants, Dav -Ed Limited and Prime Ventures Construction Inc., filed with the City Clerk the preliminary plat and Sensitive Areas Development Plan, and the final plat of Galway Hills Subdivision - Part IV, Iowa City, Iowa to amend the previously approved Sensitive Areas Development Plan; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Iowa, to wit: BEGINNING AT THE NORTHWEST CORNER OF LOT 64 OF GALWAY HILLS SUBDIVISION - PART THREE IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGE 268 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE ; THENCE N47 013'15 "W ALONG THE EASTERLY RIGHT -OF -WAY LINE OF PRIMARY ROAD NO. 218, DISTANCE OF 463.34 FEET; THENCE N41 131'43 "W, ALONG SAID EASTERLY WEST RIGHT -OF -WAY LINE, 162.11 FEET; THENCE N43 °21'50 "W, ALONG SAID EASTERLY RIGHT - OF -WAY LINE, 189.34 FEET; THENCE N30 016'13 "W, ALONG SAID EASTERLY RIGHT -OF- WAY LINE, 365.14 FEET; THENCE N25 031'06 "W, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, 180.67 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF MELROSE AVENUE; THENCE N88 008'02 "E, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, 387.90 FEET; THENCE N84 147'00 "E, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, 121.65 FEET; THENCE N57 115'00 "E, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, 34.44 FEET, TO A POINT ON THE WESTERLY LINE OF GALWAY HILLS SUBDIVISION - PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 35 AT PAGE 269 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S32 047'55 "E, ALONG SAID WESTERLY LINE, 206.73 FEET; THENCE S21 037'22 "E, ALONG SAID WESTERLY LINE, 542.61 FEET; THENCE S13 040'39 "E, ALONG SAID WESTERLY LINE, 85.91 FEET; THENCE S42 041'26 "W, ALONG SAID WESTERLY LINE, 50.00 FEET; THENCE SOUTHEASTERLY, 112.56 FEET, ALONG SAID WESTERLY LINE ON A 179.64 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 110.73 FOOT CHORD BEARS S65 °15'35 "E; THENCE S06 047'23 "W, ALONG SAID WESTERLY LINE, 155.65 FEET, TO A POINT ON THE NORTHERLY LINE OF LOT 64 OF SAID GALWAY HILLS SUBDIVISION - PART THREE; THENCE S42 041'26 "W, ALONG SAID NORTHERLY LINE, 54.27 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 10.41 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined and approved the proposed amendments to the Sensitive Areas Development plan to allow for additional buildable lot areas by revising the construction area limits; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed preliminary plat and final plat and subdivision, and recommended approval; and 1k Resolution No. n7_341 Page 2 WHEREAS, the Planning and Zoning Commission examined the proposed amendments to the preliminary plat and Sensitive Areas Development Plan, the final plat and the subdivision, and after due deliberation, recommended acceptance and approval of said plats and subdivision subject to compliance measures to ensure long -term stability of the impacted slopes and their associated buffers, minimize soil erosion, improve the woodlands, and compliance with construction area limits; 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 Amended preliminary plat and Sensitive Areas Development Plan, final plat, and the subdivision are found to conform with Chapter 354, Code of Iowa (2007) 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 amended preliminary plat and Sensitive Areas Development plan, final plat and subdivision located on the above - described real estate be and the same are hereby approved, subject to: a. Slopes - Maintaining a consistent grade from building lots into outlots and avoiding "overfalls" from lots onto the steep slopes on the construction limits and outlots b. Soil quality — Amending the soil on each lot with compost and avoid compaction to create a healthy soil structure that can absorb a large amount of water, decreasing the erosion potential and impact on critical slopes c. Timber improvements — Removing invasive species and weed trees to open up the forest canopy to allow for regeneration of desirable trees, and light to the forest floor d. Planting native woodland grasses and flowers in the understory to prevent soil erosion e. Storm water management — Treating storm water at the lot level with infiltration based practices to reduce erosion and improve water quality, for example, rain gardens can infiltrate and treat rain from roofs, decrease the amount of direct water flow onto the steep slopes and ravine f. Temporary construction fencing shall be put in place along the construction area limit lines prior to development of the individual lots. Confirmation that these conditions have been adhered to, shall be provided at the time of issuance of building permit, construction run -off permit, and certificate of occupancy. Any development activity at variance with the approved plan and /or associated legal papers shall be deemed a violation of these regulations and subject to any enforcement action and penalties allowed according to 14 -7 -C, "Penalties and Enforcement'. 2. The City accepts the dedication of the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents, the preliminary plat and the sensitive areas development plan, and the final plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. pcd/staR repoNres /PfelimFimi- resSUB07-0 7 -8 Galy yPartN_AmerMedA=Aoc 1 Resolution No. 07-341 Page 3 Passed and approved this 11th day of December 20_D-7. MAYOR Approved by ATTEST: hg 5C -x�t� CITY CLERK City Attorney's Office uJlMl "7 It was moved by Ra;1ey and seconded by yanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x Wilburn pcd1staH reporUrestPrelimFinabresSUB07- 00007 -8 GatxayPad[V Amended.d Ad 1 LV Doc ID: 021222580005 Tvice: GEN Recorded: 07/15/2008 at 12:38:56 PM Fee Amt: $27.00 Pace 1 of 5 Johnson Countv Iowa Kim Painter Countv Recorder �& -1�& g& jq & -�' la, STATE OF IOWA ) SS JOHNSON COUNTY ) ► r i bat CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Malian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 07 -4295 and Resolution No. 07 -341 which were passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11"' day of December, 2007, are true and correct copies, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 14"' day of July, 2008. Marian K. Karr City Clerk \ord i6 Prepared by: Sunil Terdalkar, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5243 (REZ07- 00015) ORDINANCE NO. 07 -4295 AN ORDINANCE AMENDING A PREVIOUSLY APPROVED SENSITIVE AREAS DEVELOPMENT PLAN AND REZONING OF APPROXIMATELY 10.41 ACRES OF PROPERTY LOCATED EAST OF HIGHWAY 218 AND SOUTH OF MELROSE AVENUE WHEREAS, Dav -Ed Limited and Prime Ventures Construction Inc. have applied for amending a previously approved Sensitive Areas Development Plan and Rezoning of approximately 10.41 acres of property; and WHEREAS, said property is located on the east of Highway 218 and south of Melrose Avenue; and WHEREAS, in February 2006, a waiver from the subdivision regulation of maximum street length of a cul -de -sac street to minimize the disturbance of the sensitive areas on the property was also approved and therefore, a sensitive area overlay rezoning was required; and WHEREAS, per Sensitive Areas Ordinance (14 -51) a sensitive areas development plan was approved showing delineation of all the regulated environmentally sensitive features on the property including regulated slopes and their associated buffers, woodlands and wooded groves, and construction area limit lines on lots 8 through 15 and lots 17 though 22 to provide adequate protection to the sensitive areas; and WHEREAS, the applicants have now applied for amending the construction area limit lines on lots 8, 9, 12, 15 and 19 through 22 to allow for additional developable areas on the said lots; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed amendments, has heard public input, and has determined that amendments are generally consistent with the Code and in the interest of public, provided measures are taken to ensure long -term stability of the impacted slopes and their associated buffers, minimize soil erosion, improve the woodlands, and compliance with construction area limits; and WHEREAS, the Planning and Zoning Commission has recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. APPROVAL. The proposed amendments to said Sensitive Areas Development Plan for the property zoned as Sensitive Areas Overlay /Low Density Single - Family Residential Zone (OSA/RS -5) and described below, is hereby approved: BEGINNING AT THE NORTHWEST CORNER OF LOT 64 OF GALWAY HILLS SUBDIVISION — PART THREE IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 37 AT PAGE 268 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE ; THENCE N47 013'15 "W ALONG THE EASTERLY RIGHT -OF -WAY LINE OF PRIMARY ROAD NO. 218, DISTANCE OF 463.34 FEET; THENCE N41 031'43 "W, ALONG SAID EASTERLY WEST RIGHT -OF -WAY LINE, 162.11 FEET; THENCE N43 021'50 "W, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, 189.34 FEET; THENCE N30 016'13 "W, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, 365.14 FEET; THENCE N25 031'06 "W, ALONG SAID EASTERLY RIGHT -OF -WAY LINE, 180.67 FEET, TO ITS INTERSECTION WITH THE SOUTHERLY RIGHT -OF -WAY LINE OF MELROSE AVENUE; THENCE N88 008'02 "E, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, 387.90 FEET; THENCE N84 047'00 "E, ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, 121.65 FEET; THENCE N57 015'00 "E, ALONG SAID SOUTHERLY RIGHT -OF- WAY LINE, 34.44 FEET, TO A POINT ON THE WESTERLY LINE OF GALWAY HILLS SUBDIVISION — PART TWO, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 35 AT PAGE 269 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S32 047'55 "E, ALONG SAID WESTERLY LINE, 206.73 FEET; THENCE S21 037'22 "E, ALONG SAID WESTERLY LINE, 16 A Ordinance No. 07-6295 Page 2 542.61 FEET; THENCE S13 040'39 "E, ALONG SAID WESTERLY LINE, 85.91 FEET; THENCE S42 041'26 "W, ALONG SAID WESTERLY LINE, 50.00 FEET; THENCE SOUTHEASTERLY, 112.56 FEET, ALONG SAID WESTERLY LINE ON A 179.64 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 110.73 FOOT CHORD BEARS S65 °15'35 "E; THENCE S06 047'23 "W, ALONG SAID WESTERLY LINE, 155.65 FEET, TO A POINT ON THE NORTHERLY LINE OF LOT 64 OF SAID GALWAY HILLS SUBDIVISION — PART THREE; THENCE S42 041'26 "W, ALONG SAID NORTHERLY LINE, 54.27 FEET, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 10.41 ACRES, MORE OR LESS, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. COMPLIANCE MEASURES. Per Sensitive Areas Ordinance (14- 51 -5), approval of the Sensitive Areas Development Plan is subject to provisions and restriction set forth in said plan and legal papers, and in this instance, shall also include compliance with the following: 1. Slopes - Maintaining a consistent grade from building lots into outlots and avoiding "overfalls" from lots onto the steep slopes on the construction limits and outlots 2. Soil quality — Amending the soil on each lot with compost and avoid compaction to create a healthy soil structure that can absorb a large amount of water, decreasing the erosion potential and impact on critical slopes 3. Timber improvements — Removing invasive species and weed trees to open up the forest canopy to allow for regeneration of desirable trees, and light to the forest floor 4. Planting native woodland grasses and flowers in the understory to prevent soil erosion 5. Storm water management — Treating storm water at the lot level with infiltration based practices to reduce erosion and improve water quality, for example, rain gardens can infiltrate and treat rain from roofs, decrease the amount of direct water flow onto the steep slopes and ravine 6. Temporary construction fencing shall be put in place along the construction area limit lines prior to development of the individual lots. Confirmation that these conditions have been adhered to, shall be provided at the time of issuance of building permit, construction run -off permit, and certificate of occupancy. Any development activity at variance with the approved plan and /or associated legal papers shall be deemed a violation of these regulations and subject to any enforcement action and penalties allowed according to article 14 -7 -C "Penalties and Enforcement ". SECTION III. ZONING MAP.The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and the associated Preliminary Sensitive Areas Development Plan, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Preliminary Sensitive Areas Development Plan and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 11thclay of December _,20 07 W ATTEST: M by City Attorney's Office IV147 i pcd /staff reports /ord /REZ07- 00015.doc Ordinance No. 07 -4295 Page 3 It was moved by Vanderhoef and seconded by O'Donnell that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Elliott x O'Donnell x Vanderhoef x . Wilburn First Consideration 11/27/2007 Vote for passage: AYES: Wilburn, Bailey, NAYS: None. ABSENT: Elliott. Second Consideration ------- - - - - -- Vote for passage: Date published 12/ 19/2007 Champion, Correia, O'Donnell, Vanderhoef. Moved by Vanderhoef, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: O'Donnell, Vanderhoef, Wilburn, Bailey, Champion, Correia, Elliott. NAYS: None. ABSENT: None. J� `� IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII CITY OF IOWA CITY Doc ID: 021225620045 Tvoe: GEN Recorded: 07/17/2008 at 01:05:39 PM 410 East Washington Street Fee Amt: $227.00 Page 1 of 45 Iowa City, Iowa 52240 -1826 Johnson Countv Iowa STATE OF IOWA Kim Painter County Recorder (319) 356 -5000 4326 513.557 SS BK PG (319) 356 -5009 FAX JOHNSON COUNTY ) www.icgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and connect copy of Resolution No.08 -188 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 24th day of June, 2008, all as the same appears of record in my office. Also attached are the final legal documents for Galway Hills Subdivision, Parts Ten & Eleven as follows: 1. Title Opinion of Attorney 2. Dedication and Statement of Consent (DAV -ED, Ltd) 3. Certificate of County Treasurer 4. Auditor's Certificate 5. City- Subdivider Agreement 6. Sanitary Sewer, Storm Sewer & Drainage Easement Agreement 7. Underground Utility Easement Agreement 8. Off -Site Sanitary Sewer Easement Agreement w /plat attached 9. Off -site Storm Sewer Easement Agreement w /plat attached Dated at Iowa City, Iowa, this day of 2008. Marian Karr City Clerk CQRPORATE "`TEAL Ves subdivision 1� 06 -24 -OS 4 Prepared by: Adam Ralston, Planning Intern, 410 E Washington Street, Iowa City, IA 52240; 319 - 356 -5230 (SUB08- 00006) RESOLUTION NO. 08 -188 RESOLUTION APPROVING THE FINAL PLATS OF GALWAY HILLS SUBDIVISION - PARTS 10 AND 11, IOWA CITY, IOWA. WHEREAS, the owner, Dav -Ed Limited, filed with the City Clerk of Iowa City, Iowa, the final plats of Galway Hills Subdivision - Parts 10 and 11, Iowa City, Iowa; and WHEREAS, said subdivision is located on the following- described real estate in Iowa City, Johnson County, Iowa, to wit: Part 10 - Beginning at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S89 035'26 "W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at Page 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence N13 015'37 "W, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66 feet; Thence S76 044'23 "W, along said East Line, 170.00 feet; Thence N13 °15'37 "W, along said East Line, 185.00 feet; Thence S76 °44'23 "W, along said East Line, 12.88 feet; Thence N13 015'37 "W, along said East Line, 85.00 feet; Thence N76 044'23 "E, 120.00 feet; Thence N13 015'37 "W, 5.00 feet; Thence N76 044'23 "E, 170.00 feet; Thence N09 °47'24 "W, 91.71 feet; Thence S88 °21'23 "E, 88.39 feet; Thence N00 °10'02 "W, 22.95 feet; Thence N89 049'58 "E, 151.00 feet; Thence N00 °10'02 "W, 292.00 feet; Thence S89 °49'58 "W, 314.00 feet; Thence S72 °25'10 "W, 173.67 feet; Thence N89 °22'37 "W, 81.14 feet; Thence N66 °10'08 "W, 48.25 feet; Thence N51 034'04 "W, 69.80 feet; Thence N35 019'45 "W,78.38 feet; Thence N23 °08'02 "W, 8.12 feet, to a Point on the East Line of said Galway Hills Subdivision, Part Three; Thence N05 026'24 "W, along said East Line, 107.98 feet; Thence S64 052'30 "W, along said East Line, 127.01 feet; Thence N89 040'41 "W, along said East Line 108.05 feet, to a Point on the Southerly Line of Galway Hills Subdivision - Part Eight, in accordance with the plat thereof Recorded in Plat Book 47, at Page 111 of the Records of the Johnson County Recorder's Office; Thence N61 °29'00 "E, along said Southerly Line , 115.16 feet; Thence N34 029'52 "E, along said Southerly Line, 106.22 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision - Part Nine, in accordance with the plat thereof Recorded in Plat Book 47, at Page 110, of the Records of the Johnson County Recorder's Office; Thence N07 °03'26 "E, along said South Line, 136.28 feet; Thence S82 °56'34 "E, along said South Line, 20.00 feet; Thence S07 003'26 "W, along said South Line, 125.00 feet; Thence S83 °27'53 "E, along said South Line, 74.99 feet; Thence S87 °32'11 "E, along said South Line, 79.86 feet; Thence N89 048'19 "E, along said South Line, 96.82 feet; Thence N79 °47'13 "E, along said South Line, 63.50 feet; Thence N78018'51 "E, along said South line, 67.61 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision - Part Seven, in accordance with the plat thereof, Recorded in Plat Book 46, at Page 166, of the Records of the Johnson County Recorder's Office; Thence N74 031'24 "E, along said South Line, 101.52 feet; Thence S15 °28'36 "E, along said South Line, 41.35 feet; Thence N74 031'24 "E, along said South Line, 66.00 feet; Thence N89 °49'58 "E, along said South Line, 406.54 feet, to the Southeast Corner thereof, and a Point on the East Line of the Southwest Quarter of the Northeast Quarter of said Section 18; Thence S00 010'02 "E, along said East Line, 1286.98 feet, to the Point of Beginning. Said Tract of land contains 16.52 acres, and is subject to easements and restrictions of record. Part 11 - Commencing at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S89 °35'26 "W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 1is Resolutiot'tNo. o8-i gR Page 2 38 at Page 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence N13 015'37 "W, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66 feet; Thence S76 °44'23 "W, along said East Line, 170.00 feet; Thence N13 °15'37 "W, along said East Line, 185.00 feet; Thence S76 044'23 "W, along said East Line, 12.88 feet; Thence N13 015'37 "W, along said East Line, 85.00 feet, to the Point of Beginning; Thence continuing N13 °15'37 "W, along said East Line, 26.42 feet; Thence N30 °34'46 "W, along said East Line, 153.93 feet; Thence N17 018'04 "W, along said East Line, 396.07 feet; Thence N05 °26'24 "W, along said East Line, 20.12 feet, to a Point on the West Line of Galway Hills Subdivision Part Ten, in accordance with the Recorded Plat Thereof; Thence S23 °08'02 "E, along said West Line, 8.12 feet; Thence S35 019'45 "E, along said West Line, 78.38 feet; Thence S51 034'04 "E, along said West Line, 69.80 feet; Thence S66 010'08 "E, along said West Line, 48.25 feet; thence S89 °22'37 "E, along said West Line, 81.14 feet; Thence N72 °25'10 "E, along said West Line, 173.67 feet; Thence N89 049'58 "E, along said West Line, 314.00 feet; Thence S00 010'02 "E, along said West Line, 292.00 feet; Thence S89 049'58 "W, along said West Line, 151.00 feet; Thence S00 010'02 "E, along said West Line, 22.95 feet; Thence N88 °2123 "W, along said West Line, 88.39 feet; Thence S09 °47'24 "E, along said West Line, 91.71 feet; Thence S76 °44'23 "W, along said West Line, 170.00 feet; Thence S13 015'37 "E, along said West Line, 5.00 feet; Thence S76 °44'23 "W, along said West Line, 120.00 feet, to the Point of Beginning. Said Tract of land contains 5.23 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plats and subdivisions, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plats and subdivisions and after due deliberation, recommended acceptance and approval of the plats; and WHEREAS, a dedication has been made to the public, and the subdivisions have been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plats and subdivisions conform with all of the requirements of the Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: The final plats of Galway Hills Subdivision —Parts 10 and 11, Iowa City, Iowa located on the above - described real estate are hereby approved. The City accepts the dedication of the streets, easements and public open space as provided by and specifically set aside portions of land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivisions, and to certify this resolution, which shall be affixed to the final plats after passage and approval by law. The City Clerk shall record the legal documents and the plats at the office of the County Recorder of Johnson County, Iowa at the expense of the owner /subdivider. Passed and approved this 24th day of June _,20 08 1u Resolution No. , 08-198 1'age 3 ATTEST: -) CITY-CLERK It was moved by Wilburn and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell Wilburn x Wright lU I `f /"'0 Prepared by and Return To: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 TITLE OPINION I, R. Bruce Haupert, a regular practicing attorney of Iowa City, Johnson County, Iowa, do hereby certify that I have examined an abstract of title to property known and designated as Galway Hills Subdivision - Parts Ten & Eleven, and legally described as follows: See Exhibit "A" attached hereto. It is hereby certified that fee simple title of said property is in DAV -ED, Limited, and the same is free from liens and encumbrances. DATED at Iowa City, Iowa, this 4 day of , 2008. R. Br Ce Haupert AT0003332 LEFF LAW FIRM, L. .P. 222 South Linn Street P.O. Box 2447 Iowa City, Iowa 52244 -2447 Telephone: (319) 338 -7551 Facsimile: (319) 338 -6902 e -mail: haupert @lefflaw.com mah /RBFI /Thomas /Galway 10 &11 /Title Opinion 0408 �U 92E pages) Galway Hills Part 10 Beginning r 'he Southeast Corner of the Southwest Quarter of the Ncrtheas� Qua rte- of Section 18, Towasnip 79 North, Range 6 West, of the Fifth P- in..ipa1 Meridian., Iowa City, Johnson County, lowa; Thence S89'315'26 "W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at rage 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in P_at Bock 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence N13'15 "W, ._long the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66 feet; Thence 576'44'23 "W, along said East Line, 170.00 feet; Thence N13'15'37 "W, along said East Line, 185.0000 feet; Thence S76'44'23 "W, along said East Line, 12.88 feet; Thence N13'15'37 "W, along said East Line, 85.00 feet; Thence N76'44'23 "E, 120.00 feet; Thence N13'15'37 "W, 5.00 feet; Thence N76'44'23 "E, 170.00 feet; Thence N09'47'24 "W, 91.71 feet; Thence 588'21'23 "E, 98.39 feet; Thence N00'10'02 "w, 22.95 feet; -hence N89'49'58 "E, 151.00 feet; Thence N00'i0'OZ"W, 292.00 feet; Thence S89.49 53 "W, 314.00 feet. Thence 572'25'10 "W, _ %_.67 feet; Thence N89'22'37 "W, 81.14 feet; Thence 466'10'08 "W, 48.25 feet; Thence N51'34'64 "W, 69.80 feet; Thence N35'19'45 "W,78.38 feet; Thence 023'0 8'; %2 "w, 8.12 feet, to a Point on the Eas: Lire of said Galwa•r Hills Subdivision, Part Three; Thence NO5'26'24 "W, a'_ong said East Line, 7_07.98 feet; Thence S64'52'30 "W, along said East Line, i2'.Ol I eet; Thence N89'40'41 "W, along said East Line 108.05 feet, to a on the Southerly Line of Galway Hills Subdivision - Part Eight, in accordance with the plat thereof Recorded in Plat Book 47, at Page 111 of the Records of the Johnson County Recorder's Office; Thence N61 '29'00 "E, along said Southerly Line , 115.16 feet; Thence N34'29'52 "E, along said Southerly Line, 106.22 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision - Part Nine, in accordance with the plat thereof Recorded in Flat Book 47, at Page 110, of the Records of the Johnson County Recorder's Office; Thence N07'03'26 "E, along said South Line, 136.28 feet; Thence S82'56'34 "E, along said South Line, 20.00 feet; Thence S07'03'26 "W, along said South Line, 125.00 feet; Thence S83'27'53 "E, along said South Line, 74.99 feet; Thence 58732'11 "E, along said South Line, 79.86 feet; Thence N89'48'19 "E, along said South Line, 96.82 feet; Thence N79'47'13 "E, along said South Line, 63.50 feet; Thence N78'18'51 "E, along said South line, 67.61 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision - Part Seven, in accordance with the plat thereof, Recorded in Plat Book 46, at Page 166, of the Records of the Johnson County Recorder's Office; Thence N74'31'24 "E, along said South Line, 101.52 feet; Thence-S15-28'36"E, along said South Line, 41.35 feet; Thence N74'31'24 "E, along said South Line, 66.00 feet; Thence N89'49'58 "E, along said South Line, 406.54 feet, to the Southeast Corner thereof, and a Point on the East Line of the Southwest Quarter of the Northeast Quarter of said Section 18; Thence 50O*10'02 "E, along said East Line, 1286.98 feet, to the Point of Beginning. Said Tract of land contains 16.52 acres, and is subject to easements and restrictions of record. Galwav Hills Pt 11 Commencing at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S89'35'26 "W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at Page 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence N13'15'37 "W, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66 feet; Thence 576'44123 "W, along said East Line, 170.00 feet; Thence N13'15'37 "W, along said East Line, 185.00 feet; Thence S76'44'23 "W, along said East Line, 12.88 feet; Thence N13'15137 "W, along said East Line, 85.00 feet, to the Point of Beginning; Thence continuing N13'15'37 "W, along said East Line, 26.42 feet; Thence N30'34'46 "W, along said East Line, 153.93 feet; Thence N17'18'04 "W, along said East Line, 396.07 feet; Thence N05'26'24 "W, along said East Line, 20.12 feet, to a Point on the West Line of Galway Hills Subdivision Part Ten, in accordance with the Recorded Plat Thereof; Thence S23'08'02 "E, along said West Line, 8.12 feet; Thence 535'19'45 "E, along said West Line, 78.38 feet; Thence S51'34'04 "E, along said West Line, 69.80 feet; Thence S66'10'O6"E, along said West Line, 48.25 feet; thence S89'22'37 "E, along said West Line, 81.14 feet; Thence N72'25110 "E, along said West Line, 173.67 feet; Thence N89'49'58 "E, along said West Line, 314.00 feet; Thence 500'10'02 "E, along said West Line, 292.00 feet; Thence 589'49'58 "W, along said West Line, 151.00 feet; Thence S00'10'02 "E, along said West Line, 22.95 feet; Thence N88'2123 "W, along said West Line, 88.39 feet; Thence S09'47'24 "E, along said West Line, .91.71 feet; Thence S76'44'23 "W, along said West Line, 170.00 feet; Thence 513'15'37 "E, along said West Line, 5.00 feet; Thence S76'44'23 "W, along said West Line, 120.00 feet, to the Point of Beginning. Said Tract of land contains 5.23 acres, and is subject to easements and restrictions of record. (Page 2 of 2-- pages) 1U Prepared By and Return To: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 DEDICATION AND STATEMENT OF CONSENT OF GALWAY HILLS SUBDIVISION, PARTS TEN & ELEVEN DAV -ED, Limited, does hereby certify and state that the undersigned is the owner and proprietor of the following described real estate situated in Johnson County, Iowa, to -wit: See Exhibit A. The subdivision of said real estate as it appears on the plats of Galway Hills Subdivision - Parts Ten & Eleven is with the free consent and in accordance with the desire of the undersigned proprietor. The streets, (as shown on the above plat) , public walkways, and trails, if any, shown in said subdivision are hereby dedicated to the public, provided by Chapter 354, Code of Iowa. Outlots A and B of Galway Hills Subdivision - Part Ten will be dedicated to the City of Iowa City, Iowa, in the future but not at this time. IN WITNESS WHEREOF, the proprietor has caused these presents to be signed on this 4 day of , 2008. DAV -ED, Limited By: `�_ C�� � Edward W. Thomas, President By:(,Z( Mafgait6t M. Cahill, V'ce- President /Secretary /Treasurer 14 STATE OF IOWA SS: COUNTY OF JOHNSON ) On this A— day of 2008, before me, a Notary Public in and for the State f Iowa personally appeared Edward W. Thomas and Margaret M. Cahi 1, to , me personally known, and, who, being by me duly sworn, did say that they are the President and the Vice - President /Secretary /Treasurer, respectively, of DAV -ED, Limited, and that the instrument was signed on behalf of the corporation, by authority of its Board of Directors and that Edward W. Thomas and Margaret M. Cahill acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. O' "M 2 &J�A' *11101 JOANNEBRADY No Pry Public in a for commission Number 132786 State of Iowa My Co Issb(1 Ires 0 0 mah /RBH /Thomas /Galway Hills 10411 /DedicationConsent -City 0408 /jc �i,p E(Page-L-of-l-,P19") Galway Hills Part 10 Beginning r the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 6` West, of the Pi` :th c__ _,cipal Meridian, Iowa City, Johnson County, lewa; Thence ce S89'35'26 "W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at Page 13 of the Records of the Johnson County Record'er's Office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivisicn, Part Three, in accordance with the plat thereof, Recorded in Plat Beck 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence _long the East Line of said Galway Hi11S Subdivision, Part Three, a distance of 295.66 feet; Thence S76'44'23 "W, along said East Line, 170.00 feet; Thence N13'15'37 "W, along said East Line, i85.00 feet; Thence S76'44'23 "W, along said East Line, 12.88 feet; Thence N13'15'37 "47, along said East Line, 55.00 feet; Thence N76'44'23 "E, 120.00 feet; Thence N13'15'37 "W, 5.00 feet; Thence N76'44'23 "E, 170.00 feet; Thence N09'47'24 "W, 91.71 feet; Thence 388'21'23"E, 98.339 feet; Thence N00'10'02 "W, 211.95 feet; Thence N89'49'5 "E 151.00 feet; Thence 1400'10'02 "W, 292.00 fee_, Thence S89'49'58 "W, 314. 00 feet; Thence 572'25'10 "W, .73.67 feet; T:. " ence N89'22'37 "W, 81.14 feet; Thence N66'10'08 "W, 48.25 feet; Thence N51'34';'4 "W, 69.80 feet; Thence N35- 19'45 "W,78.38 feet; Thence 023'08';:'2 "W, 8.12 feet, to a Point on the East Line of said Galway Hills Subdivision, Part Three; Thence N05'26'24 "W, along said East Line, 1_07.98 feet; Thence 564'52'30 "W, along said East Line, 127.01 feet; Thence N89'40'41 "W, along said East Line 108.05 feet, to a Ppi.ht on the Southerly Line of Galway Hills Subdivision - Part Eight, in accordance with the plat thereof Recorded in Plat Book 47, at Page 111 of the Records of the Johnson County Recorder's Office; Thence N61'29'00 "E, along said Southerly Line , 115.16 feet; Thence N34'29'52 "E, along said Southerly Line, 106.22 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision - Part Nine, in accordance with the plat thereof Recorded in Plat Book 47, at Page 110, of the Records of the Johnson County Recorder's Office; Thence N07'03'26 "E, along said South Line, 136.28 feet; Thence S82'56'34 "E, along said South Line, 20.00 feet; Thence S07'03'26 "W, along said South Line, 125.00 feet; Thence S83'27'53 "E, along said South Line, 74.99 feet; Thence 587'32'11 "E, along said South Line, 79.86 feet; Thence N89'48'19 "E, along-said South Line, 96.82 feet; Thence N79'47'13 "E, along said South Line, 63.50 feet; Thence 478'18'51 "E, along said South line, 67.61 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision - Part Seven, in accordance with the plat thereof, Recorded in Plat Book 46, at Page 166, of the Records of the Johnson County Recorder's Office; Thence N74'31'24 "E, along said South Line, 101.52 feet; Thence.S15- 28'36 "E, along said South Line, 41.35 feet; Thence N74'31'24 "E, along said South Line, 66.00 feet; Thence 089'49'58 "E, along said South Line, 406.54 feet, to the Southeast Corner thereof, and a Point on the East Line of the Southwest Quarter of the Northeast Quarter of said Section 18; Thence 500'10'02 "E, along said East Line, 1286.98 feet, to the Point of Beginning. Said Tract of land contains 116 .52 acres, and is subject to easements and restrictions of record. 1�0 Galway Hills Pt 11 Commencing at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S89'35126 "W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at Page 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence N13'15'37 "F7, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66 feet; Thence 576'44'23 "W, along said East Line, 170.00 feet; Thence N13'15137 "W, along said East Line, 185.00 feet; Thence S76'44'23 "W, along said East Line, 12.88 feet; Thence N13'15'37 "W, along said East Line, 85.00 feet, to the Point of Beginning; Thence continuing N13'15'37 "W, along said East Line, 26.42 feet; Thence N30'34'46 "W, along said East Line, 153.93 feet; Thence N17'18'04 "W, along said East Line, 396.07 feet; Thence N05'26'24 "W, along said East Line, 20.12 feet, to a Point on the West Line of Galway Hills Subdivision Part Ten, in accordance with the Recorded Plat Thereof; Thence S23'08'02 "E, along said West Line, 8.12 feet; Thence 535'19'45 "E, along said West Line, 78.38 feet; Thence S51 "34'04 "E, along said West Line, 69.80 feet; Thence 566'10'08 "E, along said West Line, 48.25 feet; thence 589'22'37 "E, along said West Line, 81.14 feet; Thence N72'25110 "E, along said West Line, 173.67 feet; Thence N89'49158 "E, along said West Line, 314.00 feet; Thence S00'10'02 "E, along said West Line, 292.00 feet; Thence S89'49'58 "W, along said West Line, 151.00 feet; Thence 500'10'02 "E, along said West Line, 22.95 feet; Thence N88'2123 "W, along said West Line, 88.39 feet; Thence S09'47124 "E, along said West Line, .91.71 feet; Thence S76'44'23 "W, along said West Line, 170.00 feet; Thence S13'15'37 "E, along said West Line, 5.00 feet; Thence S76'44123 "W, along said West Line, 120.00 feet, to the Point of Beginning. Said Tract of land contains 5.23 acres, and is subject to easements and restrictions of record. (Page 2 of�_pa�es) 1(p Prepared by and Return To: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52240; 319/338 -7551 CERTIFICATE OF COUNTY TREASURER I, the undersigned, Treasurer of Johnson County, Iowa, or deputy thereof, hereby certify that the following described property, also known as Galway Hills Subdivision, Parts Ten & Eleven to Johnson County, Iowa, is free from taxes or special assessments in the office of the Treasurer of Johnson County, Iowa: See Exhibit A. Parcel Numbers: 14, -1k- /37 -007 DATED at Iowa City, Iowa, this Af6¢ day of -pA,-- 2008. ���+ -t Treasurer of Johnson County, Iowa, or Deputy Treasurer of Johnson County, Iowa mah /RBH /Thomas /Galway Hills 10 &11 /Treasurers Certificate 0408 EXHIBIT (Page _oaf pages) Galway Hills Part 10 Beginning he Southeast Corner of the Southwest Quarter of the ca,rtheas- Quarter OC Secctzon 18, Townsnip 79 North, Range 6 West, .,f the Fifth P- inclpal Meridian, Iowa City, Johnson County, Iowa; Thence S89 "35'26 "W, along the South Line of said Southwest Quarter of *_Y,e ?lortheast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at Paae 13 of the Records of the Johnson County Recorder's Office, _ distance of 400.98 feet, to the Southeast Corner of Galwav Hills Subdivision, Part Three, i.. accordance with the plat thereof, Recorded in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence Ni3'15 37"5 ;, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.606 feet; Thence S76'44'23 "W, along said East Line, 170.00 feet; Thence N13'15'37 "W, along said East Line, 185.00 feet; Thence 576'44'23 "W, along said East Line, 12.88 feet; Thence N13'15'37 "W, along said East Line, 85.00 feet; Thence N76'44'23 "E, 120.00 _feet; Thence N13''_5'37 "W, 5.00 feet; Thence N76'44'23 "E, 170.00 feet; Thence N09'47'24 "W, 91.71 feet; Thence S88'23'23" E, 98.339 feet; Thence N00'10'02 "w, %2.95 feet; Thence N89'49'53"F, 151.00 feet; Thence N00'10'02 "W, 292.00 feet; Thence S89'49'5e "W, 314.00 feet; Thence 572'25'10 "W, _•3.67 feet; Thence N89'22'37 "W, 81.14 feet,, Thence 3166'10'08 "W, 4e.25 feet; Thence N51'34' 4 "W, 69.80 feet; Thence N35'19'45 "W,78.38 feet; Thence N23'08'0-'2 "1.S, 8.12 feet, to a Point on the Easy Line of said Galway Hills Subdivision, Part Three; Thence N05'26'24 "W, along said East Line, 1_07.98 feet; Thence S64'52'30 "W, along said East Line, 12'.01 feet; Thence N89'40'41 "W, along said East Line 108.05 feet, to a Pc-'.at on the Southerly Line of Galway Hills Subdivision - Part Fight, in accordance with the plat thereof Recorded in Plat Book 47, at Page 111 of the Records of the Johnson County Recorder's Office; Thence N61'29'00 "E, along said Southerly Line , 115.16 feet; Thence N34'29'52 "E, along said Southerly Line, 106.22 feet, to the Southeast Corner thereof, and a Point on the. South Line of Galway Hills Subdivision - Part Nine, in accordance with the plat thereof Recorded in Plat Book 47, at Page 110, of the Records of the Johnson County Recorder's Office; Thence N07'03'26 "E, along said South Line, 136.28 feet; Thence 582'56'34 "E, along said South Line, 20.00 feet; Thence S07'03'26 "W, along said South Line, 125.00 feet; Thence S83'27'53 "E, along said South Line, 74.99 feet; Thence 587'32'11 "E, along said South Line, 79.86 feet; Thence N89'48'19 "E, along-said South Line, 96.82 feet; Thence N79'47'13 "E, along said South Line, 63.50 feet; Thence N78'18'51 "E, along said South line, 67.61 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision - Part Seven, in accordance with the plat thereof, Recorded in Plat Book 46, at Page 166, of the Records of the Johnson County Recorder's Office; Thence N74'31'24 "E, along said South Line, 101.52, feet; Thence.S15- 28'36 "E, along said South Line, 41.35 feet; Thence N74'31'24 "E, along said South Line, 66.00 feet; Thence N89'49'58 "E, along said South Line, 406.54 feet, to the Southeast Corner thereof, and a Point on the East Line of the Southwest Quarter of the Northeast Quarter of said Section 18; Thence S00'10'02 "E, along said East Line, 1286.98 feet, to the Point of Beginning. Said Tract of lard contains 16.52 acres, and is subject to easements and restrictions of record. 1 Galway Hills Pt 11 Commencing at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S89'35'26 "W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at Page 13 of the Records of the Johnson County Recorder's office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence N13'15'37 "W, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66 feet; Thence S76'44'23 "W, along said East Line, 170.00 feet; Thence N13'15'37 "W, along said East Line, 185.00 feet; Thence S76'44'23 "W, along said East Line, 12.88 feet; Thence N13'15'37 "W, along said East Line, 85.00 feet, to the Point of Beginning; Thence continuing N13'15'37 "W, along said East Line, 26.42 feet; Thence N30'34'46 "W, along said East Line, 153.93 feet; Thence N17'18'04 "W, along said East Line, 396.07 feet; Thence N05'26'24 "W, along said East Line, 20.12 feet, to a Point on the West Line of Galway Hills Subdivision Part Ten, in accordance with the Recorded Plat Thereof; Thence 523'08'02 "E, along said West Line, 8.12 feet; Thence S35'19'45 "E, along said West Line, 78.38 feet; Thence S51'34'04 "E, along said West Line, 69.80 feet; Thence S66'10'08 "E, along said West Line, 48.25 feet; thence 589'22'37 "E, along said West Line, 81.14 feet; Thence N72'25110 "E, along said West Line, 173.67 feet; Thence N89'49'58 "E, along said West Line, 314.00 feet; Thence 500'10'02 "E, along said West Line, 292.00 feet; Thence S89'49'58 "W, along said West Line, 151.00 feet; Thence S00'10102 "E, along said West Line, 22.95 feet; Thence N88'2i23 "W, along said West Line, 88.39 feet; Thence S09'47'24 "E, along said West Line,.91.71 feet; Thence S76'44'23 "W, along said West Line, 170.00 feet; Thence S13'15'37 "E, along said West Line, 5.00 feet; Thence 576'44'23 "W, along said West Line, 120.00 feet, to the Point of Beginning. Said Tract of land contains 5.23 acres, and is subject to easements and restrictions of record. p(HIBIT �" (Page y of y pages) 1� 61VNI� Prepared by: R. Bruce Haupert, 222 S. Linn St., Iowa City, IA 52244 -2447; 319/336 -7551 AUDITOR'S CERTIFICATE I, the undersigned Auditor or Deputy Auditor of Johnson County, Iowa, hereby approve of Galway Hills Subdivision - Parts Ten & Eleven as a succinct and unique name for the subdivision containing the following real estate located in Johnson County, Iowa, as required in Section 354.6(s), Code of Iowa: Exhibit "A" attached hereto. Dated this - day of 2008. Johnson County, Dml /RBII /subdivisions /Galway Hills 10 &11 Auditor's Cert N�p EXHIBIT ___j_ -�of Page � pages) Galway Hills Part 10 ;egir.ning 'he Southeast Corner of the Southwest Quarter of the Nor ^_„_ac'_ Quarter Section 18, Township 79 North, Range 6 West, of the Fif to F__n,.ipal Meridian, Iowa City, Johnson County, Iowa; Thence S89'35'26 "W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at Paae 13 of the Records of the Johnson County Recorder's Office, _ distance of 400.98 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in P_at Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence Ni3'15'., "±�, ._'long the East Line of said Galway Hills Subdivision, Part Three, a =distance of 295.'06 feet; Thence S76'44'23 "W, alona said East Line, 170.00 feet; Thence N13'15'37 "W, along said East Line, 185.00 feet; Thence S76'44'23 "W, along said East Line, 12.88 feet; Thence N13'1_5137 "W, along said East Line, 85.00 feet; Thence N76'44'233 120.00 feet; Thence N13'15'37 "W, 5.00 feet; Thence N76 44'23 "E, 170.00 feet; Thence N09'47'24 "W, 91.71 feet; Thence 588'21'23 "E, 88.39 feet; Thence N00'10'02 "w, 22.95 feet; Thence N89'49'S8 "E, 151.00 feet; thence N00'10'02"W, 292.00 fee,-_; Thence S89'49'58"W, 314.00 feet; Thence 57225'10 "W, _1...67 feet; Then.,e N89'22" 37 "W, 81.14 feet; Thence N60'10'O8"W, 48.25 feet; Thence N51'34'N "'A, 69.80 feet; Thence N35'19'45 "W,78.38 feet; Thence N23'08'1"12"W, 8.12 feet, to a Point on the Easy Line of said Gal•wa,. Hills Subdivision, Part Three; Thence N05'26'24 "W, along said East Line, '_07.98 feet; Thence S64'52'30 "W, along said East Line, 127.01 feet; Thence N89'40'41 "W, along said East Line 108.05 feet, to a r�i.nt on the Southerly Line of Galway Hills Subdivision - Part Fight, in accordance with the plat thereof Recorded in Plat Book 47, at Page 111 of the Records of the Johnson County Recorder's Office; Thence N61'29'00 "E, along said Southerly Line , 115.1-6 feet; Thence N34'29'52 "E, along said Southerly Line, 106.22 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Bills Subdivision - Part Nine, in accordance with the plat thereof Recorded in Plat Book 47, at Page 110, of the Records of the Johnson County Recorder's Office; Thence N07'03'26 "E, along said South Line, 136.28 feet; Thence 582'56'34 "E, along said South Line, 20.00 feet; Thence S07'03'26 "W, along said South Line, 125.00 feet; Thence 583'27'53 "E, along said South Line, 74.99 feet; Thence 587'32'11 "E, along said South Line, 79.86 feet; Thence N89'48'19 "E, along -said South Line, 96.82 feet; Thence N79'47'13 "E, along said South Line, 63.50 feet; Thence N78'18151 "E, along said South line, 67.61 feet, to the Southeast Corner thereof, and a Point on the South Line of Galway Hills Subdivision - Part Seven, in accordance with the plat thereof, Recorded in Plat Book 46, at Page 166, of the Records of the Johnson County Recorder's Office; Thence N74'31'24 "E, along said South Line, 101.52 feet; Thence.S15`28'36 "E, along said South Line, 41.35 feet; Thence N74'31'24 "E, along said South Line, 66.00 feet; Thence 1\189'49'58 "E, along said South Line, 406.54 feet, to the Southeast Corner thereof, and a Point on the East Line of the Southwest Quarter of the Northeast Quarter of said Section 18; Thence 500'10'02 "E, along said East Line, 1286.98 feet, to the Point of Beginning. Said Tract of land contains 16.52 acres, and is subject to easements and restrictions of record. 1�o Galway Hills Pt 11 Commencing at the Southeast Corner of the Southwest Quarter of the Northeast Quarter of Section 18, Township 79 North, Range 6 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa; Thence S89'35'26 "W, along the South Line of said Southwest Quarter of the Northeast Quarter, and the North Line of Walden Hills, in accordance with the plat thereof, Recorded in Plat Book 38 at Page 13 of the Records of the Johnson County Recorder's Office, a distance of 400.08 feet, to the Southeast Corner of Galway Hills Subdivision, Part Three, in accordance with the plat thereof, Recorded in Plat Book 37, at Page 268 of the Records of the Johnson County Recorder's Office; Thence N13'15'37 "W, along the East Line of said Galway Hills Subdivision, Part Three, a distance of 295.66 feet; Thence 576'44'23 "W, along said East Line, 170.00 feet; Thence N13'15137 "W, along said East Line, 185.00 feet; Thence S76'44'23 "W, along said East Line, 12.88 feet; Thence N13'15'37 "W, along said East Line, 85.00 feet, to the Point of Beginning; Thence continuing N13'15'37 "W, along said East Line, 26.42 feet; Thence N30'34'46 "W, along said East Line, 153.93 feet; Thence N17'18'04 "W, along said East Line, 396.07 feet; Thence N05'26'24 "W, along said East Line, 20.12 feet, to a Point on the West Line of Galway Hills Subdivision Part Ten, in accordance with the Recorded Plat Thereof; Thence S23'08'02 "E, along said West Line, 8.12 feet; Thence S35'19'45 "E, along said West Line, 78.38 feet; Thence S51'34'04 "E, along said West Line, 69.80 feet; Thence S66'10'08 "E, along said West Line, 48.25 feet; thence S89'22'37 "E, along said West Line, 81.14 feet; Thence N72'25'10 "E, along said West Line, 173.67 feet; Thence N89'49'58 "E, along said West Line, 314.00 feet; Thence 500'10'02 "E, along said West Line, 292.00 feet; Thence S89'49'58 "W, along said West Line, 151.00 feet; Thence 500'10'02 "E, along said West Line, 22.95 feet; Thence N88'2i23 "W, along said West Line, 88.39 feet; Thence 509'47'24 "E, along said West Line,-91.71 feet; Thence S76'44'23 "W, along said West Line, 170.00 feet; Thence 513'15137 "E, along said West Line, 5.00 feet; Thence 576'44123 "W, along said West Line, 120.00 feet, to the Point of Beginning. Said Tract of land contains 5.23 acres, and is subject to easements and restrictions of record. ga(Page -11- pages) 1� Prepared By and Return To: R. Bruce Haupert, 222 S. Linn St., Iowa City, Iowa 52244 -2447; 319/338 -7551 CITY — SUBDIVIDER AGREEMENT THIS AGREEMENT made by and between DAV -ED, Limited., the owner and subdivider, hereinafter called the "Subdivider," and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the "City," W I T N E S S E T H: SECTION 1. PUBLIC IMPROVEMENTS. In consideration of the City approving the plats of subdivision known and designated as Galway Hills Subdivision - Parts Ten & Eleven, Iowa City, Iowa, the Subdivider agrees, as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in the subdivision until the streets have been paved with concrete at their designed widths, and sanitary sewers, storm sewers, water mains, drainageways and certain sidewalks (as noted in Section 4) [hereinafter "Improvements "] have been installed 1u and accepted by the City, and subdivision erosion control measures have been installed, as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvements at issue herein. Nor shall the Subdivider be deemed to be acting as the City's agent during the original construction and installation of said public improvements. The parties agree that the obligation to install the public improvements herein shall be in accordance with City specifications, and the obligation shall remain with the Subdivider and a lien on the various lots in the Subdivision until completion by the Subdivider, and until acceptance by the City, as by law provided. SECTION 2. STORM WATER MANAGEMENT ORDINANCE COMPLIANCE AND The Subdivider agrees as a covenant running with the land that, except as provided in this Agreement, the City need not issue a building permit for any lot in Parts 10 or 11 of the subdivision until a storm water management facility, including the site work incident thereto, has been installed and either released or accepted by the City. The storm water management facility was constructed at the time previous parts of Galway Hills subdivision were developed. The Subdivider agrees that the duty to maintain said facility shall remain with the Subdivider or the Subdivider's successor(s) in interest. In the event a homeowner's association is established, the duty to maintain said facility shall automatically become the responsibility of said 2 U homeowner's association. Said maintenance shall be in compliance with the City's storm water management ordinance. SECTION 3. CONSTRUCTION OF IMPROVEMENTS. The improvements and storm water management facilities shall be constructed and installed in accordance with plans and specifications approved by the City Engineer of Iowa City, who shall have the right to make occasional inspections of the work in progress. Such inspections shall not relieve or release the Subdivider from the responsibility to construct the improvements and storm water management facilities in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said improvements is in compliance with said plans and specifications. SECTION 4. SIDEWALKS. Subdivider agrees that, prior to the issuance of an occupancy permit for each lot in Parts 10 and 11 of the subdivision, it, or the purchaser of a lot, shall install sidewalks abutting each lot, which sidewalks shall be at least four (4) feet wide and constructed according to plans and specifications approved by the City Engineer. The sidewalks shall be installed in the subdivision covered by this Agreement as required by Section 14 -1C -1, 2 and 3, and Section 14 -7C -5, Iowa City Code of Ordinances, and shall remain a lien on the lot until installed and released by the City and the release duly recorded in the Johnson County Recorder's Office. 3 1 Sidewalks, eight feet in width, shall be installed at the following locations: • along the west side of Shannon Drive from the south boundary of Galway Hills Subdivision - Part Ten to the existing trail, adjacent to Outlot B of Galway Hills Subdivision - Part Ten; • along the east side of Shannon Drive from the existing trail to Tipperary Road, adjacent to Outlet A and Lot 191 of Galway Hills Subdivision - Part Ten; • along the south, east, and north sides of Tipperary Road between Shannon Drive and Dublin Road, adjacent to Lots 180 - 191 of Galway Hills Subdivision - Part Ten; and • along the east side of Dublin Road between Tipperary Road and the north boundary of Galway Hills Subdivision- Part Ten, adjacent to Lot 180 of Galway Hills Subdivision - Part Ten. The Subdivider shall install sidewalks adjacent to Outlets A and B of Galway Hills Subdivision - Part Ten, four feet and eight feet in width, at locations as noted on the approved construction drawings, with the paving of Shannon Drive. With the installation of Shannon Drive, part of the existing trail shall be removed and reconstructed, as shown on the approved construction drawings. This work shall be completed by the Subdivider with the paving of Shannon Drive located in Galway Hills Subdivision - Part Ten. Necessary traffic control, as shown on the approved construction drawings, shall be installed and maintained by the Subdivider's contractor as long as the trail is closed due to the installation of Shannon Drive. 9 U 1 SECTION 5. BUILDING PERMIT AND ESCROW MONIES. If the Subdivider should desire a building permit for any lot in the subdivision before the improvements and storm water management facilities have been installed, and if the City, in its sole discretion, determines that acceptance of escrow funds is appropriate to allow issuance of building permits, the Subdivider shall deposit with the City's Finance Department in escrow an amount equal to the estimated cost of constructing the improvements and storm water management facility, plus ten (10) percent thereof (such deposit shall hereinafter be referred to as (the "improvements escrow ") . The amount of the escrow shall be determined by the City Engineer. In addition to the improvements escrow, if subdivision erosion control measures have not been installed, with ground cover established by growth, the City may require as a condition to the issuance of a building permit for construction within Parts 10 and 11 of the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 (the "erosion cleanup escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from the subdivision. The Subdivider agrees to accept responsibility for the cost of the cleaning, and to the extent that the Subdivider fails to accomplish erosion cleanup after reasonable notice from the City, the City is hereby authorized but not obligated to do the work and to charge the cost to the erosion cleanup escrow, if adequate, and to charge any excess cost to the Subdivider. 5 ,(p The unused balance of the erosion cleanup escrow shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. If the escrow is insufficient to pay the costs incurred, the Subdivider shall promptly reimburse the City for the excess costs incurred. After the improvements escrow and erosion clean -up escrow have been established, if the applicant is in compliance with all other applicable requirements and ordinances of the City, the Building Inspector of the City is authorized to issue a building permit. SECTION 6. OCCUPANCY PERMIT. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its discretion may require the Subdivider to construct and install the improvements, sidewalks and storm water management facilities as required by this Agreement. SECTION 7. USE OF ESCROW MONIES FOR IMPROVEMENTS. If, after the issuance of an occupancy permit, the improvements and storm water management facilities have not been constructed and installed, the City may use any funds deposited in the improvements escrow to construct and install the improvements and storm water management facilities. If the cost of construction and installation of the improvements and facilities exceeds the amount of the escrow, the City shall have 6 JU a lien and charge against all lots in the subdivision for the balance of the cost. The City shall refund to the Subdivider any improvements escrow monies not used for the construction and installation of the improvements and facilities. SECTION 8. WAIVER. If the Subdivider sells or conveys lots in the subdivision without first constructing or installing the improvements or storm water management facilities, or if either the Subdivider or the owner of any lot in the subdivision fails to construct sidewalks as required in Section 4, the City shall have the right to install and construct the improvements, facilities or sidewalks. Subdivider acknowledges and agrees that all lots in the subdivision are specially benefited by the improvements and facilities, so the cost of the installation and construction shall be a lien and charge against all of the lots in the subdivision. The cost of the improvements and facilities need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which sidewalks are installed. It is further provided that the requirement to construct the improvements, facilities, and sidewalks is and shall remain a lien against the lots in the subdivision until properly released as hereinafter provided. 7 kto SECTION 9. RELEASE. The City agrees that when the improvements and facilities have been installed as required to the satisfaction of the City, it will, upon request, promptly issue to the Subdivider, for recording in the Office of the County Recorder of Johnson County, Iowa, a good and sufficient release for all lots in the subdivision so that the obligations set forth in this Agreement will not constitute a cloud upon the title of the lots in the subdivision. A separate sidewalk lien release shall be issued where appropriate. The City Manager is hereby authorized to execute the releases contemplated by this section. This section also authorizes the execution of one or more limited release agreements, based on the use of escrows for improvements as contemplated by Section 5 above, as may be acceptable to the City. SECTION 10. MINIMUM LOW OPENINGS. Certain lots located in Galway Hills Subdivision - Part Ten have restrictive minimum low opening (MLO) elevations, as noted on the final plat. The lots and MLO elevations are as follows: Part 10 - Lots 183 - 189, inclusive, 192 - 196, inclusive, and 211, 212, and 213. See page 8a for actual MLO's. Lots in Galway Hills Subdivision - Part Eleven have MLO elevations, as noted on the final plat. The lots and MLO elevations are as follows: Part 11 - Lots 222, 223, and 229. See page 8a for actual MLO's. 0 1� MINIMUM LOW OPENING ELEVATIONS FOR GALWAY HILLS SUBDIVISION -- PART TEN Lot Number 183 762.00 184 761.00 185 758.00 186 754.00 187 748.00 188 742.00 189 738.00 192 716.60 193 716.60 194 716.60 195 716.60 196 724.00 211 749.00 212 750.00 213 751.00 MINIMUM LOW OPENING ELEVATIONS FOR GALWAY HILLS SUBDIVISION -- PART ELEVEN Lot Number 222 223 224 MI Elevation 724.00 724.00 724.00 10 SECTION 11. NEIGHBORHOOD OPEN SPACE. The parties hereto acknowledge that the Subdivider shall dedicate Outlet A and Outlot B, located in Galway Hills Subdivision - Part Ten, to the City for public use. The parties also acknowledge that the Subdivider's dedication of said outlets satisfies the requirements of the City's Neighborhood Open Space ordinance. The City will not accept said dedication until the Subdivider has: 1. installed the improvements located in Galway Hills Subdivision - Part Ten and facilities required herein and said improvements and facilities have been accepted and /or released by the City; 2. finely graded and established permanent, mowable ground cover within each outlet; 3. controlled erosion and sedimentation within Galway Hills Subdivision - Part Ten; and 4. received building permits, constructed houses, and established vegetation on ground surfaces for Lots 190, 191, 192, and 193 of Galway Hills Subdivision - Part Ten. Subdivider shall be responsible for all initial improvements within the easement areas, final fine grading, the removal of diseased, dead or decaying trees, and establishing satisfactory ground cover on Outlets A and B, as well as controlling erosion until such ground cover is reasonably established. The Subdivider or successor in interest shall thus maintain Outlet A and Outlet B until said outlets are dedicated to the City. When the foregoing conditions have been met, or sooner waived by the City in its sole discretion, the City shall formally accept 9 1� dedication of Outlot A and Outlot B for open space by Resolution and the Subdivider shall provide the City with a Warranty Deed, subject only to the easements of record, and any other appropriate instruments necessary for dedication. Upon the City's acceptance of the dedication, it will assume all maintenance requirements and obligations relating thereto. SECTION 12. STREET MAINTENANCE. The Subdivider acknowledges that public services, including but not limited to street maintenance, traffic control, snow removal, and recycle and garbage collection, will not be extended to the subdivision until the pavement is installed and accepted by the City. SECTION 13. HOMEOWNERS' ASSOCIATION. The Subdivider has already created an Iowa nonprofit corporation which has already formed a Galway Hills Subdivision Homeowners Association to maintain, supervise and control the common areas within the subdivision. These common areas will be conveyed to the Homeowners' Association. SECTION 14. MISCELLANEOUS. A. Water main extension fees. The Subdivider agrees that no building permit will be issued for any lot in Galway Hills Subdivision - Part Ten until the Subdivider has paid a water main extension fee of $6,525.40. The Subdivider agrees that no building permit will be issued for any lot in Galway Hills Subdivision - Part Eleven until the Subdivider has paid a water main extension fee of $2,065.85. 10 1 �' B. All electrical, telephone, and cable television service distribution lines shall be installed underground. SECTION 15. SUCCESSORS AND ASSIGNS. This Agreement shall be binding upon, and shall inure to the benefit of the parties hereto and their successors and assigns. DATED this ,lg4-11 day of \j -""LC--, 2008, at Iowa City, Iowa. CITY OF IOWA CITY, IOWA BY: 4M 1 Re a D. Bailey, MAYO ATTEST: %Zi��y%j1 y Marian K. Karr, City Clerk - CITY - STATE OF IOWA ) SS: COUNTY OF JOHNSON ) DAV -ED, Limited. BY 4.wQ tel . 'e Edward W. Thom s, President BY �60glYi MaYgar4,t M. Cahill, Vi e- President /Secretary /Treasurer - SUBDIVIDER - On this :;Z-4- /A day of \,J tk /t e- , 2008, before me, a Notary Public in and for the State of Iowa, personally appeared RegeniaD. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 (4r— �rrCff (Resolution) No. passed (the Resolution adopted) by the City Council on the 2�}ilU day of :;jtryt -P , 2008 and thatRegenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. rii Notary Public in and for State of Iowa 11 l u� STATE OF IOWA ) SS: COUNTY OF JOHNSON ) On this day of 2008, before me, a Notary Public in and for the State f Iowa, personally appeared Edward W. Thomas and Margaret M. hill, to me personally known, and, who, being by me duly sworn, did say that they are the President and the Vice - President /Secretary /Treasurer, respectively, of DAV- ED, Limited, and that the instrument was signed on behalf of the corporation, by authority of its Board of Directors and that Edward W. Thomas and Margaret M. Cahill acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. �, JOANNEBRADY Commiseion Number 732786 N tary Public in a for My Co m Ion rea State of Iowa owe 7 0 0 mah /RBH /Thomas /Galway Hills 10&11 /City - Subdivider Agreement 0408 final 6 -2 -08 12 G /l /b/ Prepared By: R. Bruce Haupert, 222 S. Linn St., Iowa City, IA 52244 -2447; 319/336 -7551 xxxxax.++x xxxxxxxx�. xxxxxxxxxxxxx++« x�.+ xxxxxxxxxxxxxxxxxxxx . >.�x. : +.xxxxxxxxxxxxxxxx SANITARY SEWER, STORM SEWER AND DRAINAGE EASEMENT AGREEMENT OF GALWAY HILLS SUBDIVISION - PARTS TEN & ELEVEN TO IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between DAV- ED Limited, (Subdivider) , which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, sanitary sewer lines, pipes, mains, conduits and drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as storm sewer and drainage easements or drainage easement and /or "exist" storm sewer, drainage, or sanitary easement on the Final Plats of said subdivision parts, herein described as "easement areas." Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 1Lo 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. 3. The right to enter onto land beyond the easement area to conduct emergency repairs, which may extend beyond the easement area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to owners and with minimal disruption of the area. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and 1 all covenants shall apply to and run with the land and with the title to the land. DATED this,:24 141) day of 1�1--crXe-' , 2008. CITY OF IOWA CITY, IOWA BY: Q Reg a D. Bailey MAY ATTEST: Mari n K. Karr, CITY CLERK - CITY - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) DAV -ED, Limited BY: est - c Edward Thomas, President BY: Ma ga t M. Cahill, ce- President/Secretary/Treasurer - SUBDIVIDER - On this ajV h day of 2008, before me, a Notary Public in and for the State of Iowa, personally appeared RegeniaD. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 (axe) (Resolution) No. pg -/g g passed (the Resolution adopted) by the City Council on theyY�� day of , 2008 and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. P/ Notary Public in and for State of Iowa 3 1�' STATE OF IOWA SS: COUNTY OF JOHNSON ) On this 4 day of U titQ 2008, before me, a Notary Public in and for the State f Iowa, personally appeared Edward W. Thomas and Margaret M. Cahill, to me personally known, and, who, being by me duly sworn, did say that they are the President and the Vice - President /Secretary /Treasurer, respectively, of DAV- ED, Limited, and that the instrument was signed on behalf of the corporation, by authority of its Board of Directors and that Edward W. Thomas and Margaret M. Cahill acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. KmQu'm� tary Public in a for State of Iowa mah /RBH /Thomas /Galway Hills 10&11 /Drain Esmt 0408 final 6 -2 -08 4 L1V Or ` Prepared By and Return To: R. Bruce Haupert, 222 S. Linn St., Iona City, IA 52244 -2447; 319/338 -7551 UNDERGROUND UTILITY EASEMENT AGREEMENT GALWAY HILLS SUBDIVISION - PARTS TEN & ELEVEN IOWA CITY, IOWA In consideration and approval of the final plats of Galway Hills Subdivision - Parts Ten & Eleven, Iowa City, Iowa, the undersigned owners hereby grant to MidAmerican Energy Company, Qwest Communications and Mediacom, (hereafter "Grantees ") a perpetual easement upon, over, under, along the areas marked on the final plats of said subdivisions, Galway Hills Subdivision - Part Ten and Galway Hills Subdivision Part Eleven as "Utility Easements ", "utility ease" or "util ease ". The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purpose of serving the subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantors, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantees' full enjoyment of the rights hereby granted; provided that Grantors shall not erect or construct any reservoir, retaining wall, fence, or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for utility easement, but with advance written authorization from the Grantees' representatives, the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the 1U aforesaid uses or the rights herein granted. Grantees' rights, however, include the right to remove and /or clear any such gardens, shrubs, landscaping, bushes and plantings within the easement area without compensation to Grantors or their successors in interest. DATED this-24/1/1 day of 2008. CITY OF IOWA CITY, IOWA DAV -ED LIMITED BY: BY: Regqe Bailey Edward W. Thomas, President MAFO ������" " """"'''''' ATTEST: anKa BY Ma ga t M. Cahill, Vice- CITY CLERK President /Secretary /Treasurer - CITY - - SUBDIVIDER - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this -�t4-J -h day of 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Resolution) No. DS ,8FY passed (the Resolution adopted) by the City Council on the 1//1 day of , 2008 and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. ��r. ?2167J Notary Public in and for JISI /l_ I State of Iowa lLo STATE OF IOWA SS: COUNTY OF JOHNSON ) On this IL day of 2008, before me, a Notary Public in and for the State f Iowa, personally appeared Edward W. Thomas and Margaret M. hill, to me personally known, and, who, being by me duly sworn, did say that they are the President and the Vice - President /Secretary /Treasurer, respectively, of DAV- ED, Limited, and that the instrument was signed on behalf of the corporation, by authority of its Board of Directors and that Edward W. Thomas and Margaret M. Cahill acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. 4IJOAN—INE ®RADY fsslonNumbert32786 tary Public in ar�d for omission Tres State of Iowa 2 0 mah /RBH /Thomas /Galway Hills 10511 /Underground Util Esmt 0908 /jc FINAL 6 -2 -08 )�p Prepared by and Return to: R. Bruce Haupert, P.O. Box 2447, Iowa City, Iowa 52244 -2447; 319/336 -7551 OFF -SITE SANITARY SEWER EASEMENT AGREEMENT GALWAY HILLS SUBDIVISION, PARTS TEN & ELEVEN IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between DAV -ED Limited (Subdivider) , which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across a strip 10 feet wide on either side of a centerline which is described for a 20 -foot wide sanitary sewer easement on an easement plat which has been designated as Exhibit "A ", is attached hereto, and by this reference made a part hereof. Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. \4 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct any building, retaining wall, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. DATED this X24 /1lday of 2008. CITY OF IOWA CITY. IOWA WA 2 DAV -ED LIMITED c Edward W. Thomas, President Jkk ATTEST: /,' %}lJ 7 BY: Marian K. Karr, M M. Cahill, Vice - CITY CLERK President /Secretary /Treasurer - CITY - - SUBDIVIDER - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this X44// day of F LF 2nnR _ hofnrp mr, _ a Nlnta"' Pnhl i in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 (xd- in -atreej- (Resolution) No. p,?-I?g passed (the Resolution adopted) by the City Council on the �y /v day of , 2008, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by them voluntarily executed. Notary Public in and for / State of Iowa STATE OF IOWA SS: COUNTY OF JOHNSON is instrument was acknowledged uc e- , 2008, by Edward W. Th hill as Vice - President /Secretar qn JOANNEBRADY Nota: $ T�Gemm!a5 {On Number 132786 M G mm!ss:al plres before me on the Z% day of omas as President and Margaret M. Treasurer of DAV -ED Limited. tJ-P -vWGe (y /Public in and Or the State of Ioc Jan /rbh /galway hills 10 & it /off -site sanitary sewer easement 6 -3 -08 3 1U f wxv =_ m y o0a } z z 0 z > �J ��oo oa- m�sw�d� &oss 3 z ��mrca °.„ ppo'www°wp� 111611y IIIIIIIIIIII LiJ il� jll °o J h} aFo 9m� aN3 V� �a �_ ^O na mONO ;�= w=aanm dvoPmc %mc�EmQdo�f _ �eW pgw o2 dmmu m33a CJ NO eZ:9£:l BJJZ /04 /9 6x.r 81 FNm� $ r= F-N g se a 8 way` f7! W0.j �a rrrl Ow w NOf+ O ¢mod (J o ltl3o � b 0 APOR UO �a�aa c r� 1 ®S'L9jlll r� LU w°�i-3 XMOi Qg $ mQ L $v Q6 � U � f wxv =_ m y o0a } z z 0 z > �J ��oo oa- m�sw�d� &oss 3 z ��mrca °.„ ppo'www°wp� 111611y IIIIIIIIIIII LiJ il� jll °o J h} aFo 9m� aN3 V� �a �_ ^O na mONO ;�= w=aanm dvoPmc %mc�EmQdo�f _ �eW pgw o2 dmmu m33a CJ NO eZ:9£:l BJJZ /04 /9 6x.r i= _mm��a EOpn _voF O_ z�ca�E omo �EE� -ao v- _m�QOC c$gEmm Cm3 E9 9Ea vEb sM oY; cp g 3 �cR �E L3o i �otn �nNm��a�vi° pR� 1 �E d' 81 $ r= g g se a 8 O ¢mod (J o ltl3o � b 0 APOR UO �a�aa c r� 1 ®S'L9jlll w°�i-3 XMOi Qg $ c L $v Q6 i= _mm��a EOpn _voF O_ z�ca�E omo �EE� -ao v- _m�QOC c$gEmm Cm3 E9 9Ea vEb sM oY; cp g 3 �cR �E L3o i �otn �nNm��a�vi° pR� 1 �E d' 81 $ r= g g se a 8 g ltl3o � b APOR �3 g� 3�s ICE c r� 1 ®S'L9jlll r Prepared By and Return to: R. Bruce Haupert, P.O. Box 2447, Iowa City, Iowa 52244 -2447; 319/338 -7551 OFF -SITE STORM SEWER EASEMENT AGREEMENT GALWAY HILLS SUBDIVISION PARTS TEN & ELEVEN IOWA CITY, IOWA THIS AGREEMENT is made and entered into by and between DAV -ED Limited (Subdivider), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (the City), which expression shall include its successors in interest and assigns. It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Subdivider hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm sewer lines, pipes, mains, and conduits as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefore, and also a right of way, with the right of ingress and egress thereto, over and across a strip 10 feet wide on either side of a centerline which is described for a 20 -foot wide storm sewer easement on an easement plat attached hereto, marked Exhibit "A ", and by this reference made a part hereof. Subdivider further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 1 1 �' 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Subdivider against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Subdivider reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that Subdivider shall not erect or construct any building, retaining wall, fence, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and has good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Subdivider be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in- accordance with City specifications, and the obligation shall remain on Subdivider until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. CIT DATED this 24f -91day of 2008. DAV -ED Limited J BY: ofd Edward'W. Th6m s, President 2 1U ATTEST: �J %l�lGt.�� 74 Y] BY:_ -/! �/J �Ve- CITY Marian K. Karr, MafgaYKt M. Cahill CLERK President /Secretary /Treasurer - CITY - - SUBDIVIDER - STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) On this a4 - /Cday of 2008, before me, a Notary Public in and for the State of Iowa, personally appeared Regenia D.Bailey and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and the City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the Municipal 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 i�rd rrat3ee} (Resolution) No. pg -lyg passed (the Resolution adopted) bV the City Council on the aY---�-T-day Of 2008, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by them voluntarily executed. LITTLE jc � r o � i Baer 2 ?7819 u�e I{ fbL v � Notary Public in and for State of Iowa STATE OF IOWA SS: COUNTY OF JOHNSON �T is instrument was acknowledged before me on the 4 day of ' 2008, by Edward W. Thomas as President and Margaret M. C ill as Vice - President /Secretary /Treasurer of DAV -ED Limited. �, JOgNNEBRADY *CoMm�iomN i nber 9 i s.(!1 oW. Not Public in and r the State of Iowa Jan /rbh /galway hills to & 11 /off -site storm sewer easement 6 -3 -08 3 L aa_ IOm Z o SH�w,5a '°� aF�3i�i3F S O Ja Jp o- � wzz Zz az -n�a °v r 0 E'aV'aU�$�d5� §pw9'gwxw�� � S f � u IQ g, o � z� �O �o 0 �I zzw� IPo � s °zz�x NZ2W CU Z 01 o O�r b to Nom. a° y Wvm L aa_ IOm Z o SH�w,5a '°� aF�3i�i3F S O Ja Jp o- � wzz Zz az -n�a °v r 0 E'aV'aU�$�d5� §pw9'gwxw�� � S f � u IQ g, o � z� �O �o 0 T`o m� E m�on a30?�dv E °. m`°am wE '�mo cv No o — FEi3L cos 3c E —O o'a5sac °mEfr _ eoe39 w aEo sm of °o 3-Om .�'n9 �� wamm Z s ; P �' ocm0 °o n6mm0 t3N° Vm nm Yo Y icy rua sz =sen aooa /cs /s a.mvwnoa>a \szozaszVccszV�� � dim d ❑am NZ2W CU Z 01 o O�r b to Nom. a° y Wvm bOf wO �2 �� `o mOw 30w r a m(�`W ¢ NO d u V8<� v �Il ,m- 7 N -V V~JOV n OL W W# 545' 0 o W4 °4I�E i of Fwzw ac`5a 210, ° z T`o m� E m�on a30?�dv E °. m`°am wE '�mo cv No o — FEi3L cos 3c E —O o'a5sac °mEfr _ eoe39 w aEo sm of °o 3-Om .�'n9 �� wamm Z s ; P �' ocm0 °o n6mm0 t3N° Vm nm Yo Y sEd � alb � to gaa r a K u V8<� j(, Otd f �Il ,m- YQ to � U 545' i of Fwzw °o �'a ' PyE o 210, ° z a. STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do Hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 08 -4310 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15"i day of July, 2008, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17th day of July, 2008. A Marian . Karr City Clerk \ord \*A �� II'l'll VIIIIIIIIIIIIIIIIIII Xll' 11IIIIIIIIIIIIIIVIIIIIIIIIIIIIIVIII Doc ID: 021226750009 Tvoe: GEN Recorded: 07/18/2008 at 11:12:02 AM Fee Amt: $47.00 Pace 1 of 9 ° Johnson County Iova Kim Painter County Recorder (t dipn BK4327 Po30 -38 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356.5000 (319) 356.5009 FAX www.lcgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do Hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 08 -4310 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15"i day of July, 2008, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17th day of July, 2008. A Marian . Karr City Clerk \ord \*A Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 (REZ08- 00003) ORDINANCE NO. 08 -4310 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATELY 10.08 ACRES OF LAND LOCATED NORTH OF HIGHWAY 6, EAST OF SCOTT BOULEVARD, AND WEST OF COMMERCE DRIVE FROM INTENSIVE COMMERCIAL (CI -1) ZONE TO COMMUNITY COMMERCIAL (CC -2) ZONE. (REZ08- 00003) WHEREAS, Streb Investment Partnership, L.C., has applied for a rezoning of approximately 10.08 acres of property from Intensive Commercial (CI -1) Zone to Community Commercial (CC -2) Zone; and WHEREAS, said property is located north of Highway 6, east of Scott Boulevard, and west of Commerce Drive; and WHEREAS, the Comprehensive Plan identifies this area at the intersection of Highway 6 and Scott Boulevard as appropriate for general commercial uses; and WHEREAS, the applicant has agreed to comply with the terms of the 1997 conditional zoning agreement regarding this property, notwithstanding the rezoning to Community Commercial; and WHEREAS, other owners of portions of the subject property, namely Faraway Stores, Inc. and Hawkeye Oil Company have indicated their support for the rezoning and agreed to the terms of the attached conditional zoning agreement; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided that it meets certain conditions that will ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the applicant and other owners have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement, attached hereto, to ensure appropriate development along this entryway into the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. APPROVAL. The property described below is hereby reclassified from Intensive Commercial (CI -1) Zone to Community Commercial (CC -2) Zone: LOTS 16 THROUGH 24, ALL OF SCOTT -SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 10.08 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. 0 Ordinance No. 08 -4310 Page 2 ..9/... , r /. of -ITY CLERK Approved by City Attorney's Office /Z /�� ppdadm lord /REZ05- 00020.doc \ A Ordinance No. 08 -4310 Page 3 It was moved by Wilburn and seconded by Hayek that the Ordinance as read be adopted, and upon roll call there were: AYES: x x x x x _x x NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright First Consideration 6/24/2008 Vote for passage: AYES: Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS: None ABSENT: None. Second Consideration _ Vote for passage: Date published 7/23/2008 Moved by Wilburn, seconded by Champion, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Wright, Bailey, Champion, Correia, Hayek, O'Donnell, Wilburn. NAYS: None. ABSENT: None. 0 Prepared by: Karen Howard, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5251 (REZ08- 00003) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and Streb Investment Partnership, L.C., Hawkeye Oil Company, and Fareway Stores, Inc. (hereinafter "Owners "). WHEREAS, Owners are the legal title holders of approximately 10.08 acres of property located north of Highway 6, east of Scott Boulevard, and west of Commerce Drive (hereinafter "Property'); and WHEREAS, Streb Investment Partnership, L.C. has requested that these 10.08 acres be rezoned from Intensive Commercial (CI -1) to Community Commercial (CC -2); and WHEREAS, the Comprehensive Plan identifies this area at the intersection of Highway 6 and Scott Boulevard as appropriate for general commercial uses; and WHEREAS, the applicant acknowledges that this 10.08 acres was subject to a 1997 Conditional Zoning Agreement, and that the City wishes to continue to impose certain obligations contained therein upon the Owners, notwithstanding the rezoning of the property to Community Commercial; and WHEREAS, Fareway Stores, Inc. and Hawkeye Oil Company have indicated their support for the rezoning; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan, provided that it meets certain conditions that will ensure appropriate development of properties along Scott Boulevard, an important entryway into Iowa City; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the Owners acknowledge and agree that certain conditions and restrictions are reasonable and necessary to ensure that the development of the Property is consistent with the Comprehensive Plan and to ensure appropriate site and building design along Scott Boulevard, an arterial street and important entryway into Iowa City; and WHEREAS, to satisfy public needs directly caused by the requested rezoning, the Owners agree to develop the Property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: Streb Investment Partnership, L.C., is the legal title holder of the Property legally described as follows: LOTS 19 THROUGH 24, ALL OF SCOTT -SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 3.48 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 2. Hawkeye Oil Company is the legal title holder of the Property legally described as follows: ppdadnVagVua faz08-00003 soot smdoc - 1 �� LOT 16 OF SCOTT -SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 2.94 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 3. Fareway Stores, Inc. is the legal title holder of the Property legally described as follows: LOTS 17 AND 18, ALL OF SCOTT -SIX INDUSTRIAL PARK, IOWA CITY, JOHNSON COUNTY, IOWA IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN BOOK 38 AT PAGE 137, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, CONTAINING 3.66 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. 4. The Owners acknowledge and agree that, as a component of the requested rezoning, the City wishes to ensure conformance with the principles of the Comprehensive Plan and applicable provisions of the original conditional zoning agreement established for these properties in 1997, such that the development of individual lots along Scott Boulevard occur in a manner appropriate for this entryway into the community. Further, the parties acknowledge and agree that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs directly caused by the requested zoning. 5. In consideration of the City's rezoning the subject Property, Owners agree that development of the subject property will conform to all other requirements of the zoning and subdivision ordinances, as well as the following additional conditions: a) As each lot subject to this rezoning is developed or redeveloped, public sidewalks shall be installed by the owner /developer according to City specifications; b) On all lots with frontage on Scott Boulevard or Highway 6, all building elevations visible from Scott Boulevard or Highway 6 shall be primarily masonry, which may include fired brick, stone, or similar material, and dressed concrete block and stucco or like material when used in combination with other masonry finish. Alternative buildings materials, such as architectural metals or other materials used for decorative treatment may be substituted if the Director of Planning and Community Development determines that the use of such other materials satisfies the intent of this agreement. All elevations visible from Scott Boulevard shall have a finished face. Rooftop mechanical equipment shall be screened; c) Loading docks and receiving areas, garbage dumpsters, outdoor storage areas, mechanical equipment and other service areas and functions typically associated with the rear of buildings shall not be located in front of or along any building wall facing Scott Boulevard. When located elsewhere on a lot and visible from Scott Boulevard, these items shall be screened from view with landscaping or a combination of fencing and landscaping, as approved by the City; d) Landscape beds a minimum of 5 feet in width shall be provided along at least 50% of building elevations facing Scott Boulevard, and shall be planted with a variety of evergreen and deciduous shrubbery. A landscaping plan to that effect shall be ppdadMagU¢a raz03 -00003 sWt skdoc 2 �1 submitted to the City during site plan review; and e) Freestanding signs within the development shall be limited to one located at each vehicular access point from an arterial street. Individual development lots within the development may provide monument, fascia, or other signs as permitted by the City's sign regulations on a lot -by -lot basis, but shall not provide additional freestanding signs beyond that specified above. If signs are to be lighted, they shall be internally illuminated and in compliance with the City's sign regulations; 4. The Owners and City acknowledge and agree that the conditions contained herein are reasonable and necessary additional conditions to impose on the land under Iowa Code §414.5 (2007), and that said additional conditions are imposed to satisfy public needs that are directly caused by the requested zoning change. 5. The Owners and City acknowledge and agree that in the event the subject Property is transferred, sold, redeveloped, or subdivided, all redevelopment, divisions, and subdivisions will conform to the terms of this Conditional Zoning Agreement. 6. The parties acknowledge and agree that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owners acknowledge and agree that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owners from complying with all other applicable local, state, and federal regulations. 8. The parties acknowledge and agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject Property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. +k Dated this i5 day of -TL 4)- 2008. Man K. Karr, City Clerk Approved by: t- � /lllG� •��LCG�iLGc�7Z��/✓�lC��zJ City Attorney's Office ppdadnVagVua rez00 -00003 sa t sixdoc 3 Streb Investment Partnership, L.C. y' Mtuy Jo�.n St', -ct, Ntrlr. Fareway Stores, Inc. By: F t�4crioK li, Gr e n�� H ke e Oil Com a _ By. 'DOA t7cEtrs0-n ter <s' CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this IS A day of 7 >_ 14 , A.D. 2008, before me, the undersigned, a notary public in and for th State of Iowa, personally appeared Regenia Bailey 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. e1s =ONAE ,, _, jK 6-46 _ Notary Public in and for the State of Iowa �" My commission expires: 3 /7��toz LIMITED LIABILITY COMPANY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 2-3rd day of ✓) A.D. 2008, before me, the undersi ned, a Notary Public in and for the State of Iowa, pers nally appeared /YLar -y �txin s711-e6 , to me personally known, who being by me duly sworn did say that he or she is Ylcz (title) of the Streb Investment Partnership, L.C., and tha—instrruffient was signed on behalf of the said limited liability company by authority of its managers and the said /)?izn� �,Tz, -L, �_ acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. C r2zi8ts � , - we's Notary Public in and for the State of Iowa My commission expires: ppaadn agVczarez08- 003sodtslxdoc 4 N CORPORATE ACKNOWLEDGEMENT: STATE OF IOWA ) / )ss dGHN.SGN COUNTY ) On this .2B day of Wl e+i A.D. 2008, before me, the un ersigned, a Notary Public in and for the State f Iowa, personally appeared and to me personally known, who, being by me duly sworn, did say that they are the (title) and (title), of said corporation executing the within and foregoing instrument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the aforementioned officer(s) acknowledge the execution of said instrument to be the voluntary act and deed of said corporation, by it and by aforementioned officer(s) voluntarily executed. Notary Public in and for said County and State My commission expires: 4 .#. DOUG A9 D. KEENAN j 9M M"WI IS 115437 CORPORATE ACKNOWLEDGEMENT:i t4 STATE OF IOWA ) 3o�NE ss: J@#P*M COUNTY ) On this 3" day of TU tdi,� A.D. 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared FRtaERIcK R _ CtRerntER- and — to me personally known, who, being by me duly sworn, did say that they are the Ptetsl pew[ (title) and – (title) of said corporation executing the within and foregoing instrument to which this is attached; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the aforementioned officer(s) acknowledge the execution of said instrument to be the voluntary act and deed of said corporation, by it and by aforementioned officer(s) voluntarily executed. Notary Pu lic in and for aid ty and State My commission expires: gVIA CRAIG A. SHEPLEY COMMISSION NO. 146681 MYCOMMISSION PIRES town. 3--M-0 ppdadm /agVuarez0 00003 sWt sm doc 5 \A Fee, Doc I0: 021229390059 Type: 03: GEM ° Recorded: 297.002008 at 03:32:43 PM t P' Fee Amt: $297.00 Page 3 of 59 Johnson Countv Iowa Kim Painter County Recorder * ®� BK4328 PG4.62 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 STATE OF IOWA ) (319) 356.5000 ) SS (319) 3565009 FAX _ JOHNSON COUNTY ) www.icgov.org v I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -212 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of July, 2008, all as the same appears of record in my office. Also attached are the final legal documents for Kennedy's Waterfront Addition, Part Five as follows: 1. Opinion of Attorney 2. Mortgagee Consent to Subdivision (West Bank) 3. Owner's Certificate & Dedication 4. Certificate of County Auditor 5. Certificate of County Treasurer 6. Subdivider's Agreement 7. Underground Utility Easements 8. Storm Sewer & Drainage Easement Agreement 9. Sanitary Sewer Easement Agreement 10. Easement & Maintenance Agreement (Gilbert Street) 11. Easement & Maintenance Agreement (Stevens Drive) 12. Off -site Storm Sewer & Drainage Easement Agreement 13. Off -site Storm Sewer Easement Agreement w /plat attached 14. Off -site Drainage Easement Agreement w /plat attached tlr Dated at Iowa City, Iowa, this J$ day of Tu < 2008. Marian City Clerk \t-es subdivision CORPORA E SEAL A Prepared by: Doug Ongie, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 (SUB08- 00007) RESOLUTION NO. 08 -212 RESOLUTION APPROVING THE FINAL PLAT OF KENNEDY'S WATERFRONT ADDITION - PART 5, IOWA CITY, IOWA. WHEREAS, the owners, Paul Kennedy and Southgate Development, filed with the City Clerk the final plat of Kennedy's Waterfront Addition - Part 5, 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: COMMENCING AT THE NORTH QUARTER CORNER OF SECTION 22, TOWNSHIP 79 NORTH, RANGE 6 WEST, OF THE FIFTH PRINCIPAL MERIDIAN; THENCE S00 003'57 "W, ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 22, A DISTANCE OF 1083.05 FEET, TO ITS INTERSECTION WITH THE NORTH LINE OF THE SOUTH 7 ACRES OF THE EAST 40 ACRES OF GOVERNMENT LOT 1 OF SAID SECTION 22; THENCE N89 044'04 "W, ALONG SAID NORTH LINE, 685.13 FEET, TO THE NORTHEAST CORNER OF AUDITOR'S PARCEL 2007066, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 52, AT PAGE 51, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE, AND THE POINT OF BEGINNING; THENCE SOUTHEASTERLY, 259.59 FEET ALONG THE EAST LINE OF SAID AUDITOR'S PARCEL 2007066, AND AN ARC OF A 5146.16 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 259.56 FOOT CHORD BEARS S10 °29'10 "E, TO THE SOUTHEAST CORNER THEREOF; THENCE S77 °40'04 "W, ALONG THE SOUTH LINE OF SAID AUDITOR'S PARCEL 2007066, A DISTANCE OF 45.84 FEET; THENCE N89 °44'31 "W, ALONG SAID SOUTH LINE, 336.51 FEET, TO THE SOUTHWEST CORNER THEREOF; THENCE N00 025'16 "E, ALONG THE WEST LINE OF SAID AUDITOR'S PARCEL 2007066, A DISTANCE OF 265.05 FEET, TO THE NORTHWEST CORNER THEREOF, AND A POINT ON THE NORTH LINE OF AUDITOR'S PARCEL 2007065, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 52, AT PAGE 51, OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE N89 044'04 "W, ALONG THE NORTH LINE OF SAID AUDITOR'S PARCEL 2007065, A DISTANCE OF 248.00 FEET, TO A POINT ON THE EAST LINE OF THE PARCEL OF LAND DEPICTED ON THE PLAT OF SURVEY RECORDED IN PLAT BOOK 11, AT PAGE 54 OF THE RECORDS OF THE JOHNSON COUNTY RECODER'S OFFICE; THENCE N00 °23'21 "E, ALONG SAID EAST LINE, 338.85 FEET, TO THE SOUTHWEST CORNER OF LOT 11 OF KENNEDY'S WATERFRONT ADDITION - PART THREE, IN ACCORDANCE WITH THE PLAT THEREOF RECORDED IN PLAT BOOK 36, AT PAGE 52 OF THE RECORDS OF THE JOHNSON COUNTY RECORDER'S OFFICE; THENCE S89 °31'23 "E, ALONG THE SOUTH LINE OF SAID KENNEDY'S WATERFRONT ADDITION - PART THREE, A DISTANCE OF 535.53 FEET, TO THE SOUTHEAST CORNER THEREOF, AND A POINT ON THE WESTERLY RIGHT -OF -WAY LINE OF S. GILBERT STREET; THENCE SOUTHEASTERLY 339.78 FEET, ALONG SAID WESTERLY RIGHT -OF -WAY LINE, AND AN ARC OF A 5146.16 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 339.72 FOOT CHORD BEARS S07 008'59 "E, TO THE POINT OF BEGINNING. SAID TRACT OF LAND CONTAINS 6.48 ACRES, AND IS SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said 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 Resolution No. 08 -212 Page 2 free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2007) 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 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 the streets, easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the 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 15th day o ATTEST:. t Li llr/ Yd/�✓ CITY CLERK City Attorney's Office y11,4�_ It was moved by Wright and seconded by Champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia X Hayek x O'Donnell X Wilburn x Wright pcdXennp1ates/Fina1- resSUB08 -0 W7 Kennedy's Waterfront Pt 5.dcc.doc �`k` Prepared by and return to: C Joseph Holland P.O Box 2820 Iowa City, IA 52244 (319) 354 -0331 SUBDIVIDER'S KENNEDY'S WATERFRONT ADDITION -PART FIVE IOWA CITY, JOHNSON COUNTY, IOWA THIS AGREEMENT made by and among South Gilbert Development, Southgate BP Development Properties L.L.C., an Iowa Series LLC, the Subdivider, hereinafter called "Subdivider "; Kennedy Development, Inc., South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa Series LLC, and Daniel J. Hays and Julie Ewert -Hays, the Owners, hereinafter called "Owners ", and the City of Iowa City, Iowa, a municipal corporation hereinafter called the "City ". IT IS HEREBY AGREED AS FOLLOWS: Section 1. Public improvements. In consideration of the City approving the Plat of Kennedy's Waterfront Addition -Part Five, hereinafter the "Subdivision ", the Owners and Subdivider agree as a covenant running with the land as follows: The City shall not issue a Building Permit for any of the lots in the Subdivision unless and until water mains, sanitary sewers, storm sewers and drainageways, concrete street paving, and a 4 -foot wide sidewalk adjacent to Stevens Drive, hereinafter "Improvements ", have been installed in the Subdivision as required by the City's Subdivision Ordinance; and until said improvements have been accepted by the City; and subdivision erosion control measures have been installed as required by the City under its ordinances. Nothing in this Agreement shall be construed to impose a 1 \t requirement on the City to install the original improvements at issue herein. Nor shall the Owners and Subdivider be deemed acting at the City's agent during the original construction and installation of said improvements. The parties agree that the obligation to install the improvements herein shall be in accordance with City specifications, and the obligation to install said improvements shall remain with the Owners and the Subdivider until completion by the Owners and Subdivider, and until acceptance of the improvements by the City, as provided by law. Section 2. Storm Water Manaaement. The Owners and Subdivider are responsible for installing storm sewers and drainage swales, which together will transport and convey the peak rate of runoff generated from a 100 -year return frequency storm from the development to the Iowa River. Section 3. Construction of Improvements. All Improvements described in Section 1 of this Agreement shall be constructed and installed by the Owners and Subdivider according to plans and specifications approved by the City Engineer of the City of Iowa City, who shall have the right to make occasional inspection of the work in progress. Such inspections shall not relieve or release the Owners or Subdivider from their responsibility to construct said improvements in accordance with the approved plans and specifications. Further, said inspections shall not create a duty or warranty on the part of the City that the construction of said improvements is in compliance with said plans and specifications. All electrical, telephone and cable television service and distribution lines shall be installed underground. Section 4. Sidewalks. The Owners and Subdivider agree to install sidewalks abutting Lots 1 and 4 adjacent to Stevens Drive. Said sidewalk shall be at least 4 feet in width according to specifications approved by the City Engineer for the City of Iowa City, Iowa. An 8 foot wide sidewalk has been previously constructed along Gilbert Street abutting Lot 1, 2, and 3 and no additional sidewalks are required along Gilbert Street. However, portions of the 8 foot sidewalk are in poor condition and it is agreed that the Owners and Subdivider will remove and replace panels of concrete sidewalk previously identified by the City for replacement. it The sidewalks shall be installed in the Subdivision covered by this Agreement as required by Sections 14 -1C -1, 2 and 3 and Section 14 -7C -5, Iowa City Code of Ordinances, and shall remain a lien on each abutting platted lot until installed and released by the City, and the Release duly recorded in the Johnson County Recorder's office. Section 5. Building Permits and Escrow Monies In the event the Owners and Subdivider, or their assigns or successors in interest, should desire a building permit on any lot in the Subdivision before the Improvements have been installed, and if the City, in its sole discretion, determines that acceptance of escrow funds is appropriate to allow issuance of building permits pursuant to section 14 -7B -3 of the Iowa City Code of Ordinances, the Owners and Subdivider, or their assigns or successors in interest, shall deposit with the City Finance Department, in escrow, an amount equal to 1100 of the estimated cost of said Improvements as determined by the City Engineer (hereinafter "Improvements Escrow "). In addition to the Improvements Escrow, if Subdivision Erosion Control measures have not been installed, with ground cover established by growth, the City may require, as a condition to the issuance of the first building permit for construction within the Subdivision, that the Owners and Subdivider deposit in escrow with the City the sum of $2,000.00 (the "Erosion Clean -Up Escrow ") to assure reimbursement for the cost of cleaning public streets, storm sewers, gutters or catch basins, which may be incurred by the City as a result of erosion from any lot in the Subdivision. The Owners and Subdivider shall be responsible for the cost of any such clean -up and to the extent that they fail to accomplish erosion clean -up after reasonable notice from the City, the City is hereby authorized, but not obligated, to do the work and to charge the cost thereof to the Erosion Clean -Up Escrow, if adequate, and to charge any excess costs to the Owners and Subdivider. If the Erosion Clean -Up Escrow is insufficient to pay the costs incurred by the City, the Owner and the Subdivider shall promptly reimburse the City for the excess costs incurred. The unused balance of the Erosion Clean -Up escrow shall be returned to the Owners and Subdivider after erosion control measures have been installed, and ground cover has been established by growth. After the Erosion Clean -Up and Improvements Escrows have been established, the building inspector of the City is 3 1� authorized to issue a building permit if the applicant is in compliance with all other applicable requirements and ordinances of the City. Section 6. Gilbert Street Access. Lot 1 shall have no direct vehicular access to Gilbert Street. Lots 2 and 3 shall have vehicular access to Gilbert only by means of a shared drive located within the "40' x 40' Access Easement" shown upon the final plat and located at the common east lot corner of Lots 2 and 3. Lots 2 and 3 shall also have vehicular access to Stevens Drive by way of a private access easement shown on the final plat and located upon Lots 1,2, and 4. Section 7. Occupancy Permit. Prior to the issuance of an occupancy permit for any structure erected pursuant to Section 5, the City in its discretion may require the Owners and Subdivider, their assigns or successors in interest, to construct and install the Improvements and sidewalks as required by this Agreement. Section 8. Use of Escrow Monies. If, after the issuance of an occupancy permit, the Improvements have not been constructed and installed, the City may use funds deposited in the Improvements Escrow to construct and install such improvements. If the cost of the construction and installation of said Improvements exceeds the amount of said escrow, the City shall have a lien and charge against all the lots in the Subdivision for the balance of the cost. After the construction and installation of the Improvements, the City shall refund to the Owner and the Subdivider any Improvements Escrow monies not used by the City for the construction and installation of such improvements. Section 9. Waiver. If the Owners and Subdivider sell or convey lots in said Subdivision without constructing or installing the Improvements required in Section 1 hereof, or the Owners and Subdivider fail to construct sidewalks required in Section 4 hereof, the City shall have the right to install and construct said Improvements or sidewalks. Owners and Subdivider acknowledge and agree that all lots in the Subdivision are specifically benefitted by the Improvements so that the cost of the installation shall be a lien and charge against all of the lots in the Subdivision. The cost of Improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. The cost of installing the sidewalks shall be a lien and charge only against the lot or lots abutting or in front of which such sidewalks are to be installed. It is further provided that these requirements to construct the Improvements and sidewalks shall remain a lien against the lots in the Subdivision from the date of this Agreement until properly released, as hereinafter provided. Section 10. Release. The City agrees that when the Improvements have been installed as required to the satisfaction of the City, the City will, upon request, promptly issue to the Owners and Subdivider, for recording in the Office of the Johnson County Recorder, a good and sufficient release for the lots in the Subdivision so that this Agreement will not constitute a cloud upon the title of the lots in the Subdivision. Separate sidewalk lien releases shall be issued for individual lots when appropriate. The Mayor and City Clerk are hereby authorized to execute the releases contemplated by this section. Section 11. Street Maintenance and Public Services. Owners and Subdivider agree that public services including, but not limited to, street maintenance, snow removal, and recycling and garbage collection will not be extended to the Subdivision until the concrete streets are installed and accepted by the City. Section 12. Miscellaneous. A) All electrical, telephone and cable television service and distribution lines shall be installed underground. B) Prior to the issuance of the full building permit, the Subdivider shall pay the City a water main extension fee in the amount of $2,559.60 (6.48 acres x $395.00 per acre). C) The Stevens Drive cul -de -sac bulb, all of Lots 1 and 4, and the west part of Lot 2 (approximately 4.22 acres) shall drain to the storm sewer and drainageway located on the common lot line 5 i� of Lots 1, 2 and 4, along the south side of Lot 4, and across Auditor's Parcel No. 2007065 directly to the Iowa River. The east part of Lot 2 (approximately 0.64 acres) shall drain to the storm sewer located at the southeast corner of Lot 2, the east side of Lot 3, and to the drainageway across Auditor's Parcel No. 2007065 directly to the Iowa River. Lot 3 shall drain to the storm sewer and drainageway located at the southeast corner of Lot 3 and across Auditor's Parcel No. 2007065 directly to the Iowa River. Section 13. Binding Effect. This agreement shall be inure to the benefit and bind the successors and assigns of the respective parties hereto and shall be construed as a covenant running with the title to the lots within the Subdivision. Dated as of this /.0 day of July, 2008. SUBDIVIDER AND OWNER: South Gilbert Development, Southgate BP Development Properties L.L.C., an Iowa Series LLC By: Southgate Development Services, L.L.C., Manager by: Dennis Craven, Member and Manager • C + ].010 Kenn Development, Inc. by: Paul It. Kennedy, Jr.,VPresident &, at G by: Patrick M. K nedy, Secretary STATE OF IOWA ) )ss: JOHNSON COUNTY ) ATTEST: 77Z!2L4 1-) 7? Marian K. Karr, City Clerk This instrument acknowledged before me this IC day of July, 2008, by Dennis Craven, Member and Manager of Southgate Development Services, L.L.C., Manager of South Gilbert Development, Southgate BP Development Properties L.L.C., an Iowa Series LLC. ANGELA JACOBY 'COmiisabn"umber 122181 .R E M COI bn es STATE OF IOWA ) )ss: JOHNSON COUNTY ) �dA L10- Notary Publi in and or the Saate of Iowa This instrument acknowledged before me this �_ day of July, 2008, by Paul Kennedy, Jr., President of Kennedy Development, Inc. R�Notary Publi in and - or the ate of Iowa 7 1% STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this I! day of July, 2008 by Patrick M. Kennedy, President of Kennedy Development, Inc. ANGELAJAC06.Y - ".�" c«��w�s,o,m,e� Notary Pu lic in id for e State of Iowa c ` my Canmksbn ExO'xe: STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this ���4Lday of July, 2008 by Daniel J. Hays and Julie Ewert -Hays, husband and wife. a♦vv SUZA ion E.SHEBEK Commission Number 713257 • My Commission Expkea �T OcWber25.2010 Notary(Alic in and for the State of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this _ /_S day of July, 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. u SONDRAEFORT $ Commission Number 159791 My Commission Expires Notary Public in and for the State ow s 7 q_ of Iowa JD Prepared by and Return to: C Joseph Holland 123 N Linn St Suite 300 Iowa City, IA 52244-2820,(319)354-0331 UNDERGROUND UTILITY EASEMENTS KENNEDY'S WATERFRONT ADDITION —PART FIVE In consideration of the approval of the Final Plat of Kennedy's Waterfront Addition -Part Five, the undersigned hereby grant to MidAmerican Energy Co., Qwest Communications, MediaCom Iowa, L.L.C., and the City of Iowa City and their successors (hereinafter "Grantees "), a perpetual easement upon, over, under, along and across the areas marked upon the Final Plat of Kennedy's Waterfront Addition -Part Five as "Utility Ease ", "Utility Easement ", "Utility Ease ", and /or "Util Easement ". The Grantees of this easement shall have the right to install, lay, construct, reconstruct, renew, operate, maintain and remove conduits, cables, pipes, electric lines below the surface of the ground, and other equipment or appurtenances above the surface of the ground as may be necessary for the purposes of serving the Subdivision and other property with electricity, gas, and communication service; the right to trim, cut down and remove such trees, brush, saplings and bushes as may interfere with the proper construction, maintenance, operation or removal of said facilities, equipment and appurtenances; and the right of ingress and egress for all of the purposes aforesaid. Grantors, their successors in interest and assigns, reserve the right to use said easement areas for purposes which will not interfere with the Grantee's full enjoyment of rights hereby granted; provided that Grantors shall not erect or construct any reservoir, fence, retaining wall or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. No permanent dwellings or trees shall be placed on the areas so designated for Utility Easements, but with advance written authorization from the Grantee's Representatives the same may be used for gardens, shrubs, minor landscaping and other purposes that do not then or later interfere with the aforesaid uses or the rights herein granted. \D Dated as of this /S ' 34 day of July, 2008. OWNER: South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa series LLC by: Southgate Development Services, L.L.C., Manager by: Dennis Craven, Member and Manager Kennedy Development, Inc. by: Paul M. Kebnedy, rf! , President by: Patrick M. Kenn' y, Secretary iel J. Hay ulie Etert -Hays STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this tc) day of July, 2008, by Dennis Craven, Member and Manager of Southgate Development Services, LLC, Manager of South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa series LLC. (Stamp or Seal) _4 eC Nota'rf Pubilc in an for the Otate of Iowa ANGELA JACOBY o Q'� Commission Number )221ei rON� MY Commksbnb tres 1� STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this _I day of July, 2008, by Paul M. Kennedy, Jr., President of Kennedy Development, Inc. (Stamp or Seal) � ar mm °' " "E"""P5 Not v Publlic in an for th State of Iowa i A. r. �,._ 4 STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this _sa day of July, 2008, by Patrick M. Kennedy, Secretary of Kennedy Development, Inc. ((Stamp or Seal "" tLA JACOBY P ) �_ co=, ' my� „nr �OM1 MY C�n Evp es STATE OF IOWA ) )ss: JOHNSON COUNTY ) and fotithe Stat((Jof Iowa This instrument acknowledged before me this day of July, 2008 by Daniel J. Hays and Julie Ewert -Hays, husband and wife. C. Joseph Holland I tr Iowa Notarial Seal Notary Pu lic in and for the State of Iowa Commission number 141011 i My Commission Expires i i March 24, 2011 i t____ ______ _____ ____ _ ____J I ' MUNMR., ;fire F. — -!y STATE OF IOWA By: Marian K. Karr, City Clerk )ss: JOHNSON COUNTY ) r6 On this _f day of July, 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. OPkiq�s SONDRAE FORT � � ��.-6 z Commission Number 159791 My Commisslon Expires Notary. Public for the state of Iowa row 3 10 W9 4 Prepared by and Return to: C. Joseph Holland 123 N Limi St Suite 300 Iowa City, IA 52245 (319)354 -0331 STORM SEWER AND DRAINAGE EASEMENT AGREEME KENNEDY'S WATERFRONT ADDITION -PART FIVE THIS AGREEMENT, made and entered into by and among Kennedy Development, Inc., South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa Series LLC, and Daniel J. Hays and Julie Ewert -Hays (Owners), which expression shall include successors in interest and assigns and the City of Iowa City, Iowa (City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owners hereby grant and convey to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "Storm Sewer and Drainage Easement ", "Storm Sewer Ease ", and "Drainage Easement ", all as shown on the Final Plat of Kennedy's Waterfront Addition -Part Five and referred to herein as "easement areas." Owners further grant to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. `l 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owners against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owners reserve the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement areas. Owners do hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owners be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owners until completion by Owners, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. A Dated as of this 15 day of July, 2008. 2 6 OWNER: South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa series LLC by: Southgate Development Services, L.L.C., Manager by: Dennis Craven, Member and Manager Kennedy Development, Inc. by: Pau M. Kenne y, J es ' en r., P by: Patrick M. Ke edy, Kecretary J. Hays J ie Ewert -Hays STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this J-0_ day of July, 2008, by Dennis Craven, Member and Manager of Southgate Development Services, LLC, Manager of South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa series LLC. (Stamp or Seal) I sLow � , �k� m�� u lic in a for theTtate of Iowa ANGELA JACOBY ".(A443 �ommssiun Numb¢r �z2,g,� lows ley CO^'^'- onE ses )t STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this lb day of July, 2008, by Paul M. Kennedy, Jr., President of Kennedy Development, Inc. (Stamp or Se lilm Notary ub is 'n and fo the Sta of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 10 day of July, 2008, by Patrick M. Kennedy, Secretary of Kennedy Development, Inc. (Stamp or Sea ) =aka nNCEUJACOSV p�% awe �OPifP °^ P4es Notary Publi in and r the St e of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this l0 day of July, 2008, by Daniel J. Hays and Julie Ewert -Hays, hussbban`dd and wife. Joseph To T[ nd Iowa H Iowa Notarial number 141011 'It /�- i Commission lion E pins i i � Notary bl c in and for the State of Iowa OWN i My Commission Expires ) i March 24, 2011 Z �egenia D. Bail Mayor STATE OF IOWA ) )ss: JOHNSON COUNTY ) X17 . 71� By: arian K. Karr, City Clerk On this IS day of July, 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City In Clerk, respectively, of the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. S�grm SONDRAEFORT = i Commission Number 159791 iow My Commission Notary Public for the state of Iowa 5 Jo Pared by and Retum to: C Joseph Holland 123 N Linn St Suite 300 Iowa City, IA 52245 (319)354 -0331 SANITARY SEWER EASEMENT AGREEMENT KENNEDY'S WATERFRONT ADDITION -PART FIVE THIS AGREEMENT, made and entered into by and between Kennedy Development, Inc., South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa Series LLC, and Daniel J. Hays and Julie Ewert -Hays (Owners), which expression shall include its successors in interest and assigns, and the City of Iowa City, Iowa (City) , which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owners hereby grant and convey to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such sewage lines, pipes, mains, and conduits as the City shall from time to time elect for conveying sewage, with all necessary appliances and fittings, for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas as "Sanitary Sewer Easement" on the Final Plat of Kennedy's Waterfront Addition -Part Five, Iowa City, Iowa, hereafter described as "easement areas." Owners further grant to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, cut down and clear away any and all trees and brush on said easement areas and also to trim, cut down and clear away any trees on either side of said easement areas which now or hereafter in the opinion of the City may be a hazard to said easement areas, or which may interfere with the exercise of the City's rights hereunder in any manner. �q The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owners against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owners reserve the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owners shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Owners do hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that it has a good and lawful right to convey it, or any thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement at issue herein. Nor shall Owners be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owners until completion and until acceptance by the City, as by law provided. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective Parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this /6 y day of July, 2008 ry,3.i0i�il South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa series LLC by: Southgate Development Services, L.L.C., Manager by: Dennis Craven, Member and Manager Kenryedy Development, Inc. by Paul 7M. Kennedy, J ., e ident It by: Patrick M. Ken dy, Sel6retary J ie Ewe = Hays STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of July, 2008, by Dennis Craven, Member and Manager of Southgate'lTevelopment Services, LLC, Manager of South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa series LLC. (Stamp or Seal) ANGELAJACOBY �I C Ale Commas_Number ]22]84 ,eX,rcommssonepie No ry Pub is in GO for the State Of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 10 day of July, 2008, by Paul M. Kennedy, Jr., President of Kennedy Development, Inc. (Stamp or Seal) w ANGELA JACOBY i ^�°� Commksbn Number ]22]81 �� .bit —0 Notary Public in an for the S ate of Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this lb day of July, 2008, by Patrick M. Kennedy, Secretary of Kennedy Development, Inc. (Stamp or Seal) ANGELAJACOBY aAA4 , j't Comm'szbn Number ]22]81 Notary Public in and (jor the St e of Iowa )q STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this � day of July, 2008 by Daniel J. Hays and Julie Ewert -Hays, husband and wife. C. Joseph Holland i °t Iowa Notarial Seal i Notar P lic in and for the State of Iowa 41 Commission number 141011 i owe My Commission Expires i March 24, 2011 ' L_______________________J C41 Of i0w C* r� Regenia BZAy, Mayor STATE OF IOWA � '�l. e By: Marian K. Karr, City Clerk ) ss: JOHNSON COUNTY ) +4 On this !6 day of July, 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. (Stamp or Seal) ��r� Fc^r"6 Notary Public in and for the State of Iowa o' ^r SONDRAE FORT Commission Number 159791 My Commission Expires 3 '7 o c 1� Prepared by and return to: C. Joseph Holland, P.O. Box 2820, Iowa City, IA 52244 319 - 354 -0331 EASEMENT AND MAINTENANCE AGREEMENT GILBERT STREET WHEREAS, South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa Series LLC and Kennedy Development, Inc. and Daniel J. Hays and Julie Ewert -Hays, husband and wife, (Owners) are the record titleholders of the real estate described in Exhibit A, also known as Kennedy's Waterfront Addition - Part 5, Iowa City, Iowa; and WHEREAS, the Owners desire to provide an easement providing access to Lots 2 and 3 over a portion of Owners property; and, WHEREAS, the Owners desire to provide for the location, use and maintenance of the easement area; IT IS, IN CONSIDERATION OF THE MUTUAL COVENANTS SET OUT HEREIN, AGREED AS FOLLOWS: 1. Owners grant an easement for vehicular ingress and egress over the area shown upon the plat of the subdivision as "40' x 40' Access Easement" at the common east corner of Lots 2 and 3. No Lot owner shall block or obstruct the Easement Area from free passage by motor vehicles. 1% 2. Unless otherwise agreed by the Owners, the owners of the Lots actually using the easement area shall bear an equal share of the cost of normal maintenance of the Easement Area. Maintenance shall include, but shall not necessarily be limited to, periodic resurfacing, grading, mowing, and snow removal, and restoration of the surface following any utility work. Each Lot owner shall be solely responsible for repairing any damage, beyond normal wear and tear, to any part of the Easement Area which they, their agents, guests, invitees, or permittees may cause. 3. Each owner shall indemnify and hold the other Lot owners harmless against and in respect of any loss, liability, damage or expense, including reasonable attorney's fees and costs, which an owner may suffer, sustain, or become subject to as a result of another owners use of the Easement Area and /or use of the Easement Area by another owner's agents, guests, invitees, or permittees. 4. If the Owners cannot agree upon the nature or extent of their obligations hereunder, or interpretation of this Agreement, the Owners agree that the District Court of Iowa in and for Johnson County shall be the exclusive forum to which matters of enforcement or interpretation of this Agreement are submitted. 5. This Easement shall be a covenant running with the land and shall be binding upon the Owners hereto and their heirs, assigns, and successors in interest. 6. If any sentence, phrase, clause, or provision of this Agreement is determined to be unenforceable, the remaining provisions E of this Agreement shall remain in full force and effect and shall not be affected by such a determination unless clearly required by such a determination. South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa series LLC by: Southgate Development Services, L.L.C., Manager by: Dennis Craven, Member and Manager Kenn ly Development, Inc. 4 r by: Paul M. Kennedy, , President by: Patrick M. Ke nedy, Secretary J. Hay, lie Ewcrt -Hays STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this C day of July, 2008, by Dennis Craven, Member and Manager of Southgate Development Services, LLC, Manager of South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa series LLC. (Stamp or Seal) , lle Notary Pubilic in Und foe State of ANGELA JACOBY Iowa o�'� Commsz "wn Number]Ye]BA M bn 3 i� STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 16 day of July, 2008, by Paul M. Kennedy, Jr., President of Kennedy Development, Inc. (Stamp or Seal) J1,4114114 fo ANGELA JACOBY Notary Publ' c in a for toe State of co,mu�oNmoer�n�e, Iowa nr comet en STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this 10 day of July, 2008, by Patrick M. Kennedy, Secretary of Kennedy Development, Inc. (Stamp or Seal yiy ANGELAJACOBY Notary Public i r and foi the State of ��Commbsior Nm r 7z 7M R ; Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this q-1-1-day of July, 2008 by Daniel J. Hays and Julie Ewert -Hays, sband and wife. Notary V, u hc in and for the State of Iowa C. Joseph Holland 1 +^ �• Iowa NotarialSeal i Commission number 141011 i My Commission Expires i 1 March 24, 2011 t________________________J 41 tq EXHIBIT A KENNEDY'S WATERFRONT ADDITION - PART FIVE Commencing at the North Quarter Corner of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'03157 "W, along the East Line of the Northwest Quarter of said Section 22, a distance of 1083.05 feet, to its intersection with the North Line of the South 7 acres of the East 40 acres of Government Lot 1 of said Section 22; Thence N89'44104 "W, along said North Line, 685.13 feet, to the Northeast Corner of Auditor's Parcel 2007066, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence Southeasterly, 259.59 feet along the East Line of said Auditor's Parcel 2007066, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 259.56 foot chord bears S10'29'10 "E, to the Southeast Corner thereof; Thence 377'40104 "W, along the South Line of said Auditor's Parcel 2007066, a distance of 45.84 feet; Thence N89'44'31 "W, along said South Line, 336.51 feet, to the Southwest Corner thereof; Thence N00'25'16 "E, along the West Line of said Auditor's Parcel 2007066, a distance of 265.05 feet, to the Northwest Corner thereof, and a point on the North Line of Auditor's Parcel 2007065, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office; Thence N89'44104 "W, along the North Line of said Auditor's Parcel 2007065, a distance of 248.00 feet, to a Point on the East Line of the Parcel of Land depicted on the Plat of Survey Recorded in Plat Book 11, at Page 54 of the Records of the Johnson County Recorder's Office; Thence N00'23121 "E, along said East Line, 338.85 feet, to the Southwest Corner of Lot 11 of Kennedy's Waterfront Addition - Part Three, in accordance with the Plat thereof Recorded in Plat Book 36, at Page 52 of the Records of the Johnson County Recorder's Office; Thence 589'31123 "E, along the South Line of said Kennedy's Waterfront Addition - Part Three, a distance of 535.53 feet, to the Southeast Corner thereof, and a Point on the Westerly Right -of -Way Line of S. Gilbert Street; Thence Southeasterly 339.78 feet, along said Westerly Right -of- Way Line, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 339.72 foot chord bears S07'08159 "E, to the Point of Beginning. Said tract of land contains 6.48 Acres, and is subject to easements and restrictions of record. Prepared by and return to: C Joseph Holland P.O Box 2820 Iowa City, IA 52244 319 - 354 -0331 EASEMENT AND MAINTENANCE AGREEMENT STEVENS DRIVE WHEREAS, South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa Series LLC, Kennedy Development, Inc., and Daniel J. Hays and Julie Ewert- Hays (Owners) are the record titleholders of the real estate described in Exhibit A, also known as Kennedy's Waterfront Addition part 5, Iowa City, Iowa; and WHEREAS, the Owners desire to provide an easement providing access to Lots 1,2 and 3 over a portion of Owners' property; and, WHEREAS, the Owners desire to provide for the location, use and maintenance of the easement area; IT IS, IN CONSIDERATION OF THE MUTUAL COVENANTS SET OUT HEREIN, AGREED AS FOLLOWS: 1. Owners grant an easement for vehicular ingress and egress over the area shown upon the plat of the subdivision as "Private Access Easement" over the westerly 12.5 feet of Lot 1, South of Stevens Drive only; the westerly 12.5 feet of the north 164.87 feet of Lot 2; the west 25.00 feet of the south 85.02 feet of Lot 2; and the easterly 12.5 feet of Lot 4, south of Stevens Drive only. No Lot owner shall block or obstruct the Easement Area from free passage by motor vehicles. Lots 1 and 4 shall have the right to use this access but shall have no responsibility for installation and maintenance of surfacing in the easement area until the then owner(s) of Lot 1 or 4 actually use the easement area. Thereafter the owner(s) of Lot 1 or Lot 4 shall pay 10.00 per cent of the cost of maintenance of the easement area. 2. Lots 1 and 4 shall each bear 10.00% and Lots 2 and 3 40.00 %(50.00% each if Lots 1 and 4 do not use the easement area) of the cost of normal maintenance of the Easement Area. Maintenance shall include, but shall not necessarily be limited to, periodic resurfacing, grading, mowing, and snow removal, and restoration of the surface following any utility work. Each Lot owner shall be solely responsible for repairing any damage, beyond normal wear and tear, to any part of the Easement Area which they, their agents, guests, invitees, or permittees may cause. 3. Each owner shall indemnify and hold the other Lot owners harmless against and in respect of any loss, liability, damage or expense, including reasonable attorney's fees and costs, which an owner may suffer, sustain, or become subject to as a result of another owners use of the Easement Area and /or use of the Easement Area by another owner's agents,.guests, invitees, or permittees. 4. If the Owners cannot agree upon the nature or extent of their obligations hereunder, or interpretation of this Agreement, the Owners agree that the District Court of Iowa in and for Johnson County shall be the exclusive forum to which matters of enforcement or interpretation of this Agreement are submitted. 5. This Easement shall be a covenant running with the land and E �q shall be binding upon the Owners hereto and their heirs, assigns, and successors in interest. 6. If any sentence, phrase, clause, or provision of this Agreement is determined to be unenforceable, the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by such a determination unless clearly required by such a determination. �-h Dated as of the day of July, 2008. South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa series LLC by: Southgate Development Services, L.L.C., Manager by: Dennis Craven, Member and Manager Kennedy Development, Inc. by: Paul M. Fenn y, Jr., Pre ident 6yGl ('v / by: Patrick M. Ken edy, ecretary Da iel J. Hays J lie E t -Hays STATE OF IOWA ) )ss: 3 �D JOHNSON COUNTY ) This instrument acknowledged before me this —k_ day of July, 2008, by Dennis Craven, Member and Manager of Southgate Development Services, LLC, Manager of South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iow series LLC. (Stamp or Seal) I P PA 6_mbt ANGELAJACOBY Notary Publi in ancU for th State of CeMm "On Number]n]00 my Comms 'on 'e Iowa rose STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me 2008, by Paul M. Kennedy, Jr., President of (Stamp or Seal) 3 ANGELAJACOB) ®� �o ^in�ssun Numyer]n]e4 ,ewe hH Comms on E. veg Otary Pub Iowa STATE OF IOWA ) )ss: JOHNSON COUNTY ) this —4— day of July, Kennedy Development, Inc. in add for Ue State of This instrument acknowledged before me this —10-- day of July, 2008, by Patrick M. Kennedy, Secretary of Kennedy Development, Inc. (Stamp or Seal zy cAoANGsEL JACOBy S A=- ° ve No ary Public in and for he State of ewe Iowa STATE OF IOWA ) ss: JOHNSON COUNTY ) q This instrument acknowledged before me this t� day of July, 2008 by Daniel J. Hays and Julie Ewert -Hays) his rd\.6nd�ife. C. Joseph Holland i Notary P6bl c in and for the State-of Iowa Le i Iowa Notarial Seal i Commission number 141011 My Commission Expires i March 24, 2011 L------------------ - - - - -J 9 EXHIBIT A KENNEDY'S WATERFRONT ADDITION - PART FIVE Commencing at the North Quarter Corner of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'03'57 "W, along the East Line of the Northwest Quarter of said Section 22, a distance of 1083.05 feet, to its intersection with the North Line of the South 7 acres of the East 40 acres of Government Lot 1 of said Section 22; Thence N89'44'04 "W, along said North Line, 685.13 feet, to the Northeast Corner of Auditor's Parcel 2007066, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence Southeasterly, 259.59 feet along the East Line of said Auditor's Parcel 2007066, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 259.56 foot chord bears 510'29110 "E, to the Southeast Corner thereof; Thence S77'40'04 "W, along the South Line of said Auditor's Parcel 2007066, a distance of 45.84 feet; Thence N89'44'31 "W, along said South Line, 336.51 feet, to the Southwest Corner thereof; Thence N00'25116 "E, along the West Line of said Auditor's Parcel 2007066, a distance of 265.05 feet, to the Northwest Corner thereof, and a point on the North Line of Auditor's Parcel 2007065, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office; Thence N89'44104 "W, along the North Line of said Auditor's Parcel 2007065, a distance of 248.00 feet, to a Point on the East Line of the Parcel of Land depicted on the Plat of Survey Recorded in Plat Book 11, at Page 54 of the Records of the Johnson County Recorder's Office; Thence N00'23'21 "E, along said East Line, 338.85 feet, to the Southwest Corner of Lot 11 of Kennedy's Waterfront Addition - Part Three, in accordance with the Plat thereof Recorded in Plat Book 36, at Page 52 of the Records of the Johnson County Recorder's Office; Thence S89'31123 "E, along the South Line of said Kennedy's Waterfront Addition - Part Three, a distance of 535.53 feet, to the Southeast Corner thereof, and a Point on the Westerly Right -of -Way Line of S. Gilbert Street; Thence Southeasterly 339.78 feet, along said Westerly Right -of- Way Line, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 339.72 foot chord bears S07'08'59 "E, to the Point of Beginning. Said tract of land contains 6.48 Acres, and is subject to easements and restrictions of record. l� Prepared by and Return to: C. Joseph Holland 123 N. Linn St Suite 300 Iowa City, IA 52245 (319)354 -0331 STORM SEWER EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between SG Land LC and SG Land II LC (Owner) , which expression shall include successors in interest and assigns and the City of Iowa City, Iowa (City), which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, and conduits, as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "15.00 Storm Sewer Easement" as shown on the Easement Plat attached hereto and referred to herein as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement area or which may interfere with the exercise of the City's rights hereunder in any manner. I The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement area. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement area. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this day of July, 2008. OWNER: SG Land LC __ by: Dennis Craven, Member and Manager SG Land II LC by: Dennis Craven, Member and Manager 2 l� STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument acknowledged before me this day of July, 2008, by Dennis Craven, Member and Manager of SG Lan - C. Notary Pu is in and for t State of Iowa STATE OF IOWA ) )Ss: JOHNSON COUNTY ) C. Joseph Holland ,`fir• Iowa Notarial Seal Commission number 141011 i My Commission Expires i i March 24, 2011 �------------------------j This instrument acknowledged before me this I ' day of July, 2008, by Dennis Craven, Member and Manager of SG Lans LC i C. Joseph Holland I o`•'' �•CC � Iowa Notarial Seal C Commission number 141011 owt. i My Commission Expires i March 24, 2011 of Iowa�Ci Mayor STATE OF IOWA ) )SS: JOHNSON COUNTY ) Notary P c in and for he State of Iowa By:'Ma 'an K. Karr, City Clerk On this 15 day of 7u� 2008, before me, the undersigned, a Notary Public in and for t e State of Iowa, personally appeared Regenia D. Bailey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 8 SONDRAE F0R7 Sm-✓�,ta1 &yf 0 i CommissionNumber159791 Notary Public for the state of Iowa My Commission Expires ww 3 7 v io �z �c t� Z wa ZL W+] �O 7C o° Fay _ aa'000 Soma V OZa3O �`gEkc- „�u in `TOw yz.._ co ECo Sgv -Pea_ ot° m�afra ��Eo m'E,co m - � nE� cE 5 i Y W NM�.y n'JP yo � oe�? o0o R� Sgw= o� y yo 0 r¢8 I— a oS Z oZZOC �p�i�wZiFWOaw r M Fll1.2 rcrcrc 3� Z �tiZa Z J soh LLm FO o ^c�v rc6 LU G m C mo a � ry E N� z w Co W I w 8 w o o Z wa ZL W+] �O 7C o° Fay _ aa'000 Soma V OZa3O �`gEkc- „�u in `TOw yz.._ co ECo Sgv -Pea_ ot° m�afra ��Eo m'E,co m - � nE� cE 5 i Y W NM�.y n'JP yo � oe�? o0o R� Sgw= 'Fm z�s�bb� "m 0 z 0.3 m z ww� m03u21�aoow 00 M, r Z oZZOC �p�i�wZiFWOaw r rcrcrc Fti�Fn�VK \E FO g�✓� ry 1 ma z W I w °_off o Wfr�a Z wa ZL W+] �O 7C o° Fay _ aa'000 Soma V OZa3O �`gEkc- „�u in `TOw yz.._ co ECo Sgv -Pea_ ot° m�afra ��Eo m'E,co m - 9� s `9�0 nE� 5 i Y W NM�.y n'JP 2 Ybj? kh� i 9� s `9�0 nE� xkc N� 2 Ybj? R� gum, 9JP�Erox � M, r 2 Ybj? R� Prepared by and Return to: C. Joseph Holland, 123 N. Um St., Suite 300, Iowa City, IA 52245 (319)354 -0331 STORM SEWER AND DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between SG Land LC and SG Land II LC (Owner) , which expression shall include successors in interest and assigns and the City of Iowa City, Iowa (City) , which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of excavating for and the installation, replacement, maintenance and use of such storm water lines, pipes, mains, conduits, and overland drainageways, as the City shall from time to time elect for conveying storm water, with all necessary appliances and fittings for the use in connection with said pipe lines, together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the areas designated as "20.00' Storm Sewer and Drainage Easement" as shown on the Easement Plat attached hereto and referred to herein as "easement areas." Owner further grants to the City: 1. The right of grading said easement areas for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement areas, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement areas, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement areas or which may interfere with the exercise of the City's rights hereunder in any manner. 1`� The City shall promptly backfill any trench made by it, and repair any damages caused by the City within the easement areas. The City shall indemnify Owner against unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement areas. Owner reserves the right to use said easement areas for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant any trees, drill or operate any well, or construct any reservoir or other obstruction on said areas, or diminish or substantially add to the ground cover over said easement areas. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall successors and assigns of the covenants shall apply to and run the land. inure to the benefit of and bind the respective parties hereto, and all with the land and with the title to Dated as of this _� day of July, 2008. OWNER: SG Land LC by: Dennis Craven, Member and Manager SG Land II LC by: Dennis Craven, Member and Manager 2 �q STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this / (/ day of July, 2008, by Dennis Craven, Member and Manager of S and LC. ----------------------- � C. Joseph Holland I ro Iowa Notarial Seal F i Commission number 141011 My Commission Expires i March 24, 2011 �------------------------� STATE OF IOWA ) )Ss: JOHNSON COUNTY ) Notary ublic in and for the State of Iowa This instrument acknowledged before me this Id day of July, 2008, by Dennis Craven, Member and Manager Af S La I LC. ie C. Joseph Holland Iowa Notarial Seat i Commission number 141011 I Notary lic in and for the State of My Commission Expires Iowa March 24, 2011 L------------------------j Ci of Iowa ity y genia D. aileyi ayor By•. Ma n K. Karr, City Clerk STATE OF IOWA )ss: JOHNSON COUNTY ) 44 On this 15 day of 2008, before me, the undersigned, a Notary Public in and for t1e State of Iowa, personally appeared Regenia D. Bailey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. S�, d 0.e b oJr` SONDRAEFORT Notary Public for the state of Iowa z Commission Number 159791 My 3 mM I Ion Expires ow 3 4 100 /V2 £Z797I 9OOL/•D. //. 9M0' lid/ l£S9ZZ 3=x.'9 oor m U o Nn �e� �� ¢ WWOap Z Ozm o ys �g t °c± m d g- M F 0 � I Yfa opera `n� �jo`" ca cW W a Ncwi o° 4a W tO F is - N oOC W w3 a.wnj Zrv^�z�A2 � ZOOOV Ya3w_ - �Wy�o ivi vi � ¢¢Kwi :�wLLIpF�3F¢7� Wnrc�. tn a V III 1111111 III Q Z W i 11 o Lu o3 e'm�F^E'o mEh T[ i nv °°�3<Om � comes Ym `Z5 _oot yY", A l F is - N oOC W w3 a.wnj Zrv^�z�A2 � ZOOOV Ya3w_ - �Wy�o ivi vi � ¢¢Kwi :�wLLIpF�3F¢7� Wnrc�. tn a V III 1111111 III Q Z W i 11 o Lu r"J_ o3 e'm�F^E'o -¢BE nv °°�3<Om � comes Ym `Z5 _oot `J w 3 ry ri'a �Onm a4a pig To��i v� €om E r"J_ o3 e'm�F^E'o -¢BE nv °°�3<Om � comes ' `Z5 _oot `J w 3 ry ri'a �Onm a4a pig To��i v� €om E Y` gao F¢m_<ns -FLL ¢m .cam op - ZK wz O?avo zc, a u �aWm� o3 arW u Z96NO dn9 nm2 0_1 V< ^a ^eV nm n =ooNaO � �6 €yv °`o V��oL ` naL O��fr�nta`�i _ _ v ls�wY Cy �3 fp�d ,-v Paz ww _ �a ao (u j � w C � / � CI CI o 'xF C Jn ¢ 0. C, , �^qe iZiy f"wbN'45� ^ y II Rqg ov Prepared by and Retum to: C Josepli Holland 123 N Linn St Suite 300 Iowa City, JA 52245 (319)354-0331 DRAINAGE EASEMENT AGREEMENT THIS AGREEMENT, made and entered into by and between SG Land LC and SG Land II LC (Owner) , which expression shall include successors in interest and assigns and the City of Iowa City, Iowa (City) , which expression shall include its successors in interest and assigns. WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, Owner hereby grants and conveys to the City an easement for the purposes of maintenance and use of overland drainageways, as the City shall from time to time elect for conveying storm water together with adequate protection therefor, and also a right of way, with the right of ingress and egress thereto, over and across the area designated as "Drainage Easement" as shown on the Easement Plat attached hereto and referred to herein as "easement area." Owner further grants to the City: 1. The right of grading said easement area for the full width thereof, and to extend the cuts and fills for such grading into and onto said lands along and outside of the said easement area, to such extent as the City may find reasonably necessary. 2. The right from time to time to trim, to cut down and clear away any and all trees and brush on said easement area, and also to trim, cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of the City may be a hazard to said easement area or which may interfere with the exercise of the City's rights hereunder in any manner. The City shall promptly repair any damages caused by the City within the easement area. The City shall indemnify Owner against I unreasonable loss or damage which may occur in the negligent exercise of the easement rights by the City. Except as expressly provided herein, the City shall have no responsibility for maintaining the easement area. Owner reserves the right to use said easement area for purposes which will not interfere with the City's full enjoyment of the rights hereby granted; provided that the Owner shall not erect or construct any building, fence, retaining wall, or other structure, plant, any trees, drill or operate any well, or construct any reservoir or other obstruction on said area, or diminish or substantially add to the ground cover over said easement area. Owner does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described, and that they have a good and lawful right to convey it, or any part thereof. Nothing in this Agreement shall be construed to impose a requirement on the City to install the original public improvement(s) at issue herein. Nor shall Owner be deemed acting as the City's agent during the original construction and installation of said improvement. Parties agree that the obligation to install the public improvement(s) herein shall be in accordance with City specifications, and the obligation shall remain on Owner until completion by Owner, and until acceptance by the City, as provided by law. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land and with the title to the land. Dated as of this ��day of July, 2008. OWNER: SG Land LC by: Dennis Craven, Member and Manager SG Land II LC by: Dennis Craven, Member and Manager STATE OF IOWA ) 2 N% )s5: JOHNSON COUNTY ) This instrument acknowledged before me this day of July, 2008, by Dennis Craven, Member and Manager of SG L nd LC. i C. Joseph Holland Iowa Notarial Seal commission number 141011 My Commission Expires i March 24, 2011 �------------------------� STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary Pu c in and or the State of Iowa This instrument acknowledged before me this day of July, 2008, by Dennis Craven, Member and Manager o SG i - -ITT LC. i (5 Joseph Holland i Iowa Notarial Seal ? 1 commission number 141011 owe My Commission Expires March 24, 2011 �------------------------ of Iowa 1Cit1/J �V I a D. Bailyey>, Mayor STATE OF IOWA ) )ss: JOHNSON COUNTY ) Notary ub is in and for the State of Iowa By: Ma an K. Karr, City Clerk On this 15 day of 7u- , 2008, before me, the undersigned, a Notary Public in and for t e Stt� ate of Iowa, personally appeared Regenia D. Bailey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. V AS RT �e''r —V 159791 Notary Public for the state of Iowa Commission pires 3 I a r� CLID Z z Q � cE 4N'�•`N b. "yq�2.1 ��v iz _ a:5 xkv °nio3 m m m aa4 V'34NOCP_ POLL mPow �maon i-3r. o' �N �c v8_a �z nNo °u W 'zz zo p_ �o .y�3w c� ap c3 uo� o0 0.2 - ° �nzh �� y c�QaQ rc' a � < °� pp 90 ..� m¢ oK E� =y�yY Zn Iii � inn CO U O w aSW ���ZR = J N6 �i o En _ < a N '6 -° C Yiiac r� CLID Z z Q 2 - s wv j0 �lL CL �-F 4^�J 25a O1c ryi9J � cE 4N'�•`N b. "yq�2.1 ��v iz _ a:5 xkv °nio3 m m m aa4 V'34NOCP_ POLL mPow �maon i-3r. o' �N �c v8_a �z nNo °u 'zz zo p_ �o .y�3w c� ap c3 uo� o0 0.2 - °6'"�'O °wwrc� � 90 1 �s$nnw `rsm E� 3 €z�aa Iii � inn -m3 = J N6 �i o En _ < '6 -° C Yiiac pQ2V oamac - _e�u Volt/ �QF2 °o O¢�dm Zi�Q 2 - s wv j0 �lL CL �-F 4^�J 25a O1c ryi9J N KR A €afr '-I- j LTE� Tz o ou �EVOti 9 7, 3 yY S� � A55w �JH J.i 4 4N'�•`N b. "yq�2.1 A €afr '-I- j LTE� Tz o ou �EVOti 9 7, 3 yY S� � A55w �JH S� � A55w �JH Prepared by and Return to: C. Joseph Holland, 123 N. Linn St Suite 300 Iowa City, 1A 52244 (319) 354 -0331 ATTORNEY'S TITLE OPINION Re: Kennedy's Waterfront Addition -Part Five located in Iowa City, Iowa, and legally described in Exhibit A attached. I, C. Joseph Holland, state that I am a practicing attorney in the State of Iowa and that I have examined a complete abstract of title to the above - described property and supplemental documents. The abstract of title has been continued to April 24, 2008, at 8:00 a.m., and the abstract and supplemental documents showsthat fee title to the above - described property is in Kennedy Development, Inc., South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa Series LLC, and Daniel J. Hays and Julie Ewert -Hays. The real estate is subject to the following mortgage: A mortgage in favor of West Bank recorded the llt" day of April, 2006 in Book 4010, page 330 in the records of the Johnson County Recorder. I further certify that except as above stated the property is free from encumbrance. -- _V_ Dated as of this �day of July, 2008. C. Jo Holland I EXHIBIT A KENNEDY'S WATERFRONT ADDITION - PART FIVE Commencing at the North Quarter Corner of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'03'57 "W, along the East Line of the Northwest Quarter of said Section 22, a distance of 1083.05 feet, to its intersection with the North Line of the South 7 acres of the East 40 acres of Government Lot 1 of said Section 22; Thence N89'44104 "W, along said North Line, 685.13 feet, to the Northeast Corner of Auditor's Parcel 2007066, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence Southeasterly, 259.59 feet along the East Line of said Auditor's Parcel 2007066, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 259.56 foot chord bears S10'29110 "E, to the Southeast Corner thereof; Thence 577'40104 "W, along the South Line of said Auditor's Parcel 2007066, a distance of 45.84 feet; Thence N89'44'31 "W, along said South Line, 336.51 feet, to the Southwest Corner thereof; Thence N00'25116 "E, along the West Line of said Auditor's Parcel 2007066, a distance of 265.05 feet, to the Northwest Corner thereof, and a point on the North Line of Auditor's Parcel 2007065, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office; Thence N89'44104 "W, along the North Line of said Auditor's Parcel 2007065, a distance of 248.00 feet, to a Point on the East Line of the Parcel of Land depicted on the Plat of Survey Recorded in Plat Book 11, at Page 54 of the Records of the Johnson County Recorder's Office; Thence N00'23'21 "E, along said East Line, 338.85 feet, to the Southwest Corner of Lot 11 of Kennedy's Waterfront Addition - Part Three, in accordance with the Plat thereof Recorded in Plat Book 36, at Page 52 of the Records of the Johnson County Recorder's Office; Thence 589'31'23 "E, along the South Line of said Kennedy's Waterfront Addition - Part Three, a distance of 535.53 feet, to the Southeast Corner thereof, and a Point on the Westerly Right -of -Way Line of S. Gilbert Street; Thence Southeasterly 339.78 feet, along said Westerly Right -of- Way Line, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 339.72 foot chord bears S07'08'59 "E, to the Point of Beginning. Said tract of land contains 6.48 Acres, and is subject to easements and restrictions of record. Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52244, (319) 354 -0331 MORTGAGEE CONSENT TO SUBDIVISION The undersigned, on behalf of West Bank states that West Bank holds a mortgage on the property included within Kennedy's Waterfront Addition -Part Five as follows: A mortgage in favor of the West Bank recorded the 11th day of April, 2006 in Book 4010, page 330 in the records of the Johnson County Recorder. The property included within Kennedy's Waterfront Addition- Part Five is described in Exhibit A attached. The undersigned, on behalf of the West Bank, states that it consents to the subdivision of the above - described property into Kennedy's Waterfront Addition -Part Five and hereby releases any and all liens against those portions of the property dedicated to the public. Dated as of this day of Ju 2008. By. Thomas J. i ek Senior Vice - President STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument was acknowledged before me on the � day of Tu \� 2008, by Thomas J. Cilek, as Senior Vice - President of West Bank. �PRIaC S MINDA HAMANN YI i(� A i 0, Commission Number 725754 N tary Public i and for-'the State of Iowa My Commission Expires /owr^ December 2.2008 N EXHIBIT A KENNEDY'S WATERFRONT ADDITION - PART FIVE Commencing at the North Quarter Corner of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'03'57 "W, along the East Line of the Northwest Quarter of said Section 22, a distance of 1083.05 feet, to its intersection with the North Line of the South 7 acres of the East 40 acres of Government Lot 1 of said Section 22; Thence N89'44104 "W, along said North Line, 685.13 feet, to the Northeast Corner of Auditor's Parcel 2007066, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence Southeasterly, 259.59 feet along the East Line of said Auditor's Parcel 2007066, and an ,arc of a 5146.16 foot radius curve, concave Northeasterly, whose 259.56 foot chord bears S10'29110 "E, to the Southeast Corner thereof; Thence 577'40104 "W, along the South Line of said Auditor's Parcel 2007066, a distance of 45.84 feet; Thence N89'44'31 "W, along said South Line, 336.51 feet, to the Southwest Corner thereof; Thence N00'25116 "E, along the West Line of said Auditor's Parcel 2007066, a distance of 265.05 feet, to the Northwest Corner thereof, and a point on the North Line of Auditor's Parcel 2007065, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office; Thence N89'44104 "W, along the North Line of said Auditor's Parcel 2007065, a distance of 248.00 feet, to a Point on the East Line of the Parcel of Land depicted on the Plat of Survey Recorded in Plat Book 11, at Page 54 of the Records of the Johnson County Recorder's Office; Thence N00'23'21 "E, along said East Line, 338.85 feet, to the Southwest Corner of Lot 11 of Kennedy's Waterfront Addition - Part Three, in accordance with the Plat thereof Recorded in Plat Book 36, at Page 52 of the Records of the Johnson County Recorder's Office; Thence 589'31'23 "E, along the South Line of said Kennedy's Waterfront Addition - Part Three, a distance of 535.53 feet, to the Southeast Corner thereof, and a Point on the Westerly Right -of -Way Line of S. Gilbert Street; Thence Southeasterly 339.78 feet, along said Westerly Right -of- Way Line, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 339.72 foot chord bears S07'08'59 "E, to the Point of Beginning. Said tract of land contains 6.48 Acres, and is subject to easements and restrictions of record. 6 Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52244, (319) 354 -0331 Southgate BP Properties Development, L.L.C., an Iowa Series LLC, and Daniel J. Hays and Julie Ewert -Hays, request approval of the subdivision known as Kennedy's Waterfront Addition - Part Five, said subdivision shown on approved final plat thereof, which is a subdivision of the property described in the attached Exhibit A. The undersigned further state that the subdivision is made with the free consent and in accordance with the desire of the undersigned, owners of the land included within the subdivision. The streets and easements within the boundaries of the subdivision are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2007). Dated as of this /Ofhday of July, 2008. Kenned Development Inc. R4"L % j by: Paul M. Kennedy, Jr., resident 9. & &, l � by: Patrick M. Kenn y, SecVetary A OWNERS' CERTIFICATE AND DEDICATION Kennedy Development, Inc., South Gilbert Development, Southgate BP Properties Development, L.L.C., an Iowa Series LLC, and Daniel J. Hays and Julie Ewert -Hays, request approval of the subdivision known as Kennedy's Waterfront Addition - Part Five, said subdivision shown on approved final plat thereof, which is a subdivision of the property described in the attached Exhibit A. The undersigned further state that the subdivision is made with the free consent and in accordance with the desire of the undersigned, owners of the land included within the subdivision. The streets and easements within the boundaries of the subdivision are hereby dedicated to the public as provided for by Section 354.19 of the Code of Iowa (2007). Dated as of this /Ofhday of July, 2008. Kenned Development Inc. R4"L % j by: Paul M. Kennedy, Jr., resident 9. & &, l � by: Patrick M. Kenn y, SecVetary A South Gilbert Development Southgate BP Properties Development, L.L.C. an Iowa Series LLC by: Southgate Development Services, LLC, Manager by: Dennis Craven, Member and Manager n.el J. H ys (__�� ulie Ewert -Hays STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this I day of July, by Paul M. Kennedy, Jr., President of Kennedy Development, Inc. (stamp or seal) z,,,,i ANGE ,At NumEer)YM Nry Comm qnE p'vea rows STATE OF IOWA ) )ss: JOHNSON COUNTY ) An 6w- No ary Pub is in and for the 0 tate of Iowa This instrument acknowledged before me this � day of July, 2008, by Patrick M. Kennedy, Secretary of Kennedy Development, Inc. (stamp or seal) E im" Notary 1PubAc in anU for the Otate of Iowa ..�,J£ ANGELA JACOBY `ApAp Comm¢sbn Number l22iea M Com mn rae� I STATE OF IOWA ) ss: COUNTY OF JOHNSON ) This instrument acknowledged before me this day of July, 2008, by Dennis Craven, Member and Manager of Southgate Development Services, LLC, Manager of South Gilbert Development, Southgate BP Properties Development, L.L.C. an Iowa Series LLC (stamp or Notary Publi in and f6j the Std of Iowa Biilm STATE OF IOWA ) )ss: JOHNSON COUNTY ) This instrument acknowledged before me this J::_ day of July, 2008 by Daniel J. Hays and Julie Ewert -Hays, husband and wife. ------- ---------- - - - --- i - C. Joseph Holland Notary PJbUc in and for the State of Iowa �s Iowa Notarial Seal :� i Commission number 141011 �� My commission Expires i March 24.2011- - - - - -� r------------------ It EXHIBIT A KENNEDY'S WATERFRONT ADDITION - PART FIVE Commencing at the North Quarter Corner of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'03157 "W, along the East Line of the Northwest Quarter of said Section 22, a distance of 1083.05 feet, to its intersection with the North Line of the South 7 acres of the East 40 acres of Government Lot 1 of said Section 22; Thence N89'44'04 "W, along said North Line, 685.13 feet, to the Northeast Corner of Auditor's Parcel 2007066, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence Southeasterly, 259.59 feet along the East Line of said Auditor's Parcel 2007066, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 259.56 foot chord bears S10'29'10 "E, to the Southeast Corner thereof; Thence S77'40'04 "W, along the South Line of said Auditor's Parcel 2007066, a distance of 45.84 feet; Thence N89'44'31 "W, along said South Line, 336.51 feet, to the Southwest Corner thereof; Thence N00'25'16 "E, along the West Line of said Auditor's Parcel 2007066, a distance of 265.05 feet, to the Northwest Corner thereof, and a point on the North Line of Auditor's Parcel 2007065, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office; Thence N89'44'04 "W, along the North Line of said Auditor's Parcel 2007065, a distance of 248.00 feet, to a Point on the East Line of the Parcel of Land depicted on the Plat of Survey Recorded in Plat Book 11, at Page 54 of the Records of the Johnson County Recorder's Office; Thence N00'23'21 "E, along said East Line, 338.85 feet, to the Southwest Corner of Lot 11 of Kennedy's Waterfront Addition - Part Three, in accordance with the Plat thereof Recorded in Plat Book 36, at Page 52 of the Records of the Johnson County Recorder's Office; Thence S89'31'23 "E, along the South Line of said Kennedy's Waterfront Addition - Part Three, a distance of 535.53 feet, to the Southeast Corner thereof, and a Point on the Westerly Right -of -Way Line of S. Gilbert Street; Thence Southeasterly 339.78 feet, along said Westerly Right -of- Way Line, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 339.72 foot chord bears S07'08'59 "E, to the Point of Beginning. Said tract of land contains 6.48 Acres, and is subject to easements and restrictions of record. N Prepared by and Return to: C. Joseph Holland, 123 N. Linn St., Suite 300, Iowa City, IA 52244, (319) 354 -0331 CERTIFICATE OF COUNTY AUDITOR APPROVAL OF SUBDIVISION NAME I, Thomas S. Slockett, Johnson County Auditor, approve the name Kennedy's Waterfront Addition -Part Five with reference to the property described in the attached Exhibit A. Dated as of this 8T14 day of , 2008. Thomas S. Slockett, County Auditor by: , Deputy EXHIBIT A KENNEDY'S WATERFRONT ADDITION - PART FIVE Commencing at the North Quarter Corner of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00'03157 "W, along the East Line of the Northwest Quarter of said Section 22, a distance of 1083.05 feet, to its intersection with the North Line of the South 7 acres of the East 40 acres of Government Lot 1 of said Section 22; Thence N89'44104 11W, along said North Line, 685.13 feet, to the Northeast Corner of Auditor's Parcel 2007066, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence Southeasterly, 259.59 feet along the East Line of said Auditor's Parcel 2007066, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 259.56 foot chord bears S10'29110 "E, to the Southeast Corner thereof; Thence S77'40104 "W, along the South Line of said Auditor's Parcel 2007066, a distance of 45.84 feet; Thence N89'44'31 "W, along said South Line, 336.51 feet, to the Southwest Corner thereof; Thence N00'25116 11E, along the West Line of said Auditor's Parcel 2007066, a distance of 265.05 feet, to the Northwest Corner thereof, and a point on the North Line of Auditor's Parcel 2007065, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office; Thence N89'44104 "W, along the North Line of said Auditor's Parcel 2007065, a distance of 248.00 feet, to a Point on the East Line of the Parcel of Land depicted on the Plat of Survey Recorded in Plat Book 11, at. Page 54 of the Records of the Johnson County Recorder's Office; Thence N00'23'21 "E, along said East Line, 338.85 feet, to the Southwest Corner of Lot 11 of Kennedy's Waterfront Addition - Part Three, in accordance with the Plat thereof Recorded in Plat Book 36, at Page 52 of the Records of the Johnson County Recorder's Office; Thence S89'31'23 "E, along the South Line of said Kennedy's Waterfront Addition - Part Three, a distance of 535.53 feet, to the Southeast Corner thereof, and a Point on the Westerly Right -of -Way Line of S. Gilbert Street; Thence Southeasterly 339.78 feet, along said Westerly Right -of- Way Line, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 339.72 foot chord bears 507'08'59 "E, to the Point of Beginning. Said tract of land contains 6.48 Acres, and is subject to easements and restrictions of record. Prepared by: C. Joseph Holland, 123 N Linn St., Suite 300 P.O. Box 2820 Iowa City IA 52244 (3 1 9) 3 54 -033 1 CERTIFICATE OF COUNTY TREASURER KENNEDY'S WATERFRONT ADDITION -PART FIVE I, Thomas L. Kriz, Johnson County Treasurer, certify that all real estate taxes and special assessments have been paid with reference to the property described in the attached Exhibit A as of the date of this certificate. Dated as of this S� day of July, 2008. Thomas L. Kriz, ` ?� County Treasurer by: Parcel #: 001 1bQ;�wl dO1 , Deputy 1� EXHIBIT A KENNEDY'S WATERFRONT ADDITION - PART FIVE Commencing at the North Quarter Corner of Section 22, Township 79 North, Range 6 West, of the Fifth Principal Meridian; Thence S00 °03'57 "W, along the East Line of the Northwest Quarter of said Section 22, a distance of 1083.05 feet, to its intersection with the North Line of the South 7 acres of the East 40 acres of Government Lot 1 of said Section 22; Thence N89'44104 "W, along said North Line, 685.13 feet, to the Northeast Corner of Auditor's Parcel 2007066, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office, and the Point of Beginning; Thence Southeasterly, 259.59 feet along the East Line of said Auditor's Parcel 2007066, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 259.56 foot chord bears 510'29'10 "E, to the Southeast Corner thereof; Thence S77'40'04 "W, along the South Line of said Auditor's Parcel 2007066, a distance of 45.84 feet; Thence N89'44'31 "W, along said South Line, 336.51 feet, to the Southwest Corner thereof; Thence NOO'25116 "E, along the West Line of said Auditor's Parcel 2007066, a distance of 265.05 feet, to the Northwest Corner thereof, and a point on the North Line of Auditor's Parcel 2007065, in accordance with the Plat thereof Recorded in Plat Book 52, at Page 51, of the Records of the Johnson County Recorder's Office; Thence N89'44'04 "W, along the North Line of said Auditor's Parcel 2007065, a distance of 248.00 feet, to a Point on the East Line of the Parcel of Land depicted on the Plat of Survey Recorded in Plat Book 11, at Page 54 of the Records of the Johnson County Recorder's Office; Thence NOO'23'21 "E, along said East Line, 338.85 feet, to the Southwest Corner of Lot 11 of Kennedy's Waterfront Addition - Part Three, in accordance with the Plat thereof Recorded in Plat Book 36, at Page 52 of the Records of the Johnson County Recorder's Office; Thence S89'31'23 "E, along the South Line of said Kennedy's Waterfront Addition - Part Three, a distance of 535.53 feet, to the Southeast Corner thereof, and a Point on the Westerly Right -of -Way Line of S. Gilbert Street; Thence Southeasterly 339.78 feet, along said Westerly Right -of- Way Line, and an arc of a 5146.16 foot radius curve, concave Northeasterly, whose 339.72 foot chord bears S07'08'59 "E, to the Point of Beginning. Said tract of land contains 6.48 Acres, and is subject to easements and restrictions of record. lq I IIIII II (VIII III VIII IIIII IIIII IIIII VIII VIII IIIII II III IIIII IIIII I III III (III Doc I0: 021230570004 TYPe. GEN Recorded: 07/22/ O2008 a3 of 4 t 03:3855 PM Fee John son Count OvI OUae Kim Painter Coun tv Recorder SK4328 PG556.559 STATE OF IOWA ) ) SS JOHNSON COUNTY ) /'C � r 1 rlilMa CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240.1826 (319) 356.5000 (319) 356.5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -108 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 29th day of April, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 181h day of July, 2008. CORPORATE SEAL CtyclerkKarr fires See Pla) (hook- 53 Pam 1 155 04.29 -0a id 7e Prepared by: Adam Ralston, Planning Intern, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5230 (SUB08- 00003) RESOLUTION NO. 08 -108 RESOLUTION APPROVING THE AMENDED FINAL PLAT OF CARDINAL POINTE SOUTH - PART ONE, IOWA CITY, IOWA. WHEREAS, the owner, Southgate Development Services, LLC., filed with the City Clerk the amended final plat of Cardinal Pointe South - Part One, 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: I certify that during the month of March, 2008, at the direction of Southgate Development Co. , a survey was made under my supervision of a Portion of the Southeast Quarter of the Northeast Quarter, and a Portion of the Northeast Quarter of the Northeast Quarter all of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian, Iowa City, Johnson County, Iowa, the boundaries of which are described as follows: Commencing at the East Quarter Corner of Section 12, Township 79 North, Range 7 West, of the Fifth Principal Meridian; Thence N00 036'36 "E, along the East Line of the Northeast Quarter of said Section 12, a distance of 773.45 feet, to the Point of Beginning; Thence N44 052'16 "W, 218.98 feet; Thence S79 °28'14 "W, 277.09 feet; Thence S27 028'52 "W, 50.00 feet; Thence Southwesterly, 39.91 feet, along a 25.00 foot radius curve, concave Southeasterly, whose 35.81 foot chord bears S71 044'45 "W; Thence Southwesterly, 101.82 feet, along a 175.00 foot radius curve, concave Northwesterly, whose 100.39 foot chord bears S42 040'45 "W; Thence S59 020'52 "W, 175.26 feet; Thence N30 039'08 "W, 50.00 feet; Thence S59 020'52 "W, 205.07 feet; Thence Southwesterly, 34.28 feet, along a 175.00 foot radius curve, concave Southeasterly, whose 34.22 foot chord bears S53'44'1 2"W; Thence S48 °07'32 "W, 89.11 feet, to a Point on the Easterly Line of the Tract of land depicted on the Acquisition Plat of Survey, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 128, of the Records of the Johnson County Recorder's Office; Thence S59 °20'52 "W along said Easterly Line, 20.00 feet; Thence Northwesterly, 31.42 feet, along said Easterly Line, on a 20.00 foot radius curve, concave Northeasterly, whose 28.28 foot chord bears N75 °39'08 "W; Thence N30 039'08 "W, along said Easterly Line, 286.27 feet; Thence Northwesterly, 366.81 feet, along said Easterly Line, on a 660.00 foot radius curve, concave Northeasterly, whose 362.11 foot chord bears N14 043'50 "W; Thence N01 °11'28 "E, along said Easterly Line, 420.64 feet; Thence Northwesterly, 179.41 feet, along said Easterly Line, on a 2550.00 foot radius curve, concave Southwesterly, whose 179.38 foot chord bears N00 049'29 "W; Thence Northeasterly, 62.65 feet, along said Easterly Line, on a 40.00 foot radius curve, concave Southeasterly, whose 56.44 foot chord bears N42 °01'38 "E; Thence N86 °53'42 "E, along said Easterly Line, 20.03 feet; Thence NO3 °06'18 "W, along said Easterly Line, 33.00 feet, to the Northeast Corner thereof, and a Point on the South Line of Parcel 2005 -004, in accordance with the Plat thereof Recorded in Plat Book 49, at Pages 89 -90 of the Records of the Johnson County Recorder's Office; Thence N86 053'42 "E, along said South Line, 43.59 feet; Thence Northeasterly, 244.97 feet, along said South Line, on a 1000.00 foot radius curve, concave Northwesterly, whose 244.36 foot chord bears N79 052'37 "E; Thence Southeasterly, 633.83 feet, along said South Line, and the South Line of Parcel 2005 -005, in accordance with the Plat thereof Recorded in Plat Book 49, at Page 89 -90 of the Records of the Johnson County Recorder's Office, on a 1000.00 foot radius curve, concave Southwesterly, whose 623.27 foot chord bears S88 058'59 "E; Thence Southeasterly, 243.11 feet, along the South Line of said Parcel 2005 -005, on a 750.00 foot radius curve, concave Northeasterly, whose 242.05 foot chord bears S80 006'42 "E; Thence S89 °23'52 "E, along said South Line, 9.11 feet, to its intersection with the Westerly Line of Cardinal Ridge - Part Three, in accordance with the Plat thereof Recorded in Plat Book 51, at Page 14 of the Records of the Johnson County Recorder's Office; Thence S00 °36'32 "W, along said Westerly Line, 32.26 feet; Thence S89 °23'28 "E, along said Westerly Line, 0 Resolution No. 08 -108 Page 2 5.00 feet; Thence Southeasterly, 31.42 feet, along said Westerly Line, on a 20.00 foot radius curve, concave Southwesterly, whose 28.28 foot chord bears S44 023'28 "E; Thence S00 036'32 "0/, along said Westerly Line, 111.03 feet, to the Southwest Corner thereof; Thence S89 023'28 "E, along the South Line of said Cardinal Ridge - Part Three, a distance of 50.00 feet, to its intersection with the East Line of the Northeast Quarter of said Section 12, and the West Line of Cardinal Ridge - Part Two, in accordance with the Plat thereof Recorded in Plat Book 50, at Page 55 of the Records of the Johnson County Recorder's Office; Thence S00 °36'36 "W, along said East and West lines, 842.28 feet, to the Point of Beginning. Said tract of land contains 31.36 acres, more or less, and is subject to easements and restrictions of record. WHEREAS, the plat is being amended to remove a construction limit line on lot nine for an area that was graded for the construction of Camp Cardinal Boulevard; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said 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 final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2008) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The said final plat and subdivision located on the above - described real estate be and the same are hereby approved. The City accepts the dedication of the streets and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the 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. S /pcdblaH repods/SU808- 00003 1SUB08 00003 resolution `� Resolution No. nu -108 Page 3 Passed and approved this 29th day of April , 20 08 . 4xo�a- A&A AY Approved by ATTEST: ,J10414il u) � • CITY-CLERK City Attorney's Office y 2 31cJ?1 It was moved by champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright Slpc staff reports/SUB08- 00003 /SUBOB-00003 resoMion ,G� (Page 1 of 4) r-�& /�l -� STATE OF IOWA JOHNSON COUNTY I�IIIIIINII II�IIIIIII) ��� YIIIIII NIII�III AIIIIAIIIIIIIIIIII AIIIIICIII!u Doc ID: 021254130004 Tvae: OEN Recorded: 08/14/2008 at 01:42:53 PM .. Fee Amt: $67.00 Pace 1 of 4 Johnson Oountv Iowa ,I'�p -�` Kim Painter Countv Recorder '' �'` BK4339 Po337 -340 CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org hoc. --7'6- /V ) SS I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 08 -4311 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 15th day of July, 2008, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 13th day of August, 2008. Co,RPO RATE . SEAI Marian £. Karr City Clerk \ord f'- Prepared by: Karen Howard, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 -356 -5251 (REZ08- 00001) ORDINANCE NO. 08 -4311 AN ORDINANCE REZONING APPROXIMATELY 9.48 ACRES OF LAND LOCATED SOUTH OF OLIVE COURT AND LEAMER COURT AND EAST OF MARIETTA AVENUE FROM MEDIUM DENSITY SINGLE FAMILY (RS -8) ZONE TO PLANNED DEVELOPMENT OVERLAY (OPD -8). (REZ08- 00001) WHEREAS, the applicant, Jeff Hendrickson, with consent from the owners, Otella, LLC and Gregory B and Carol Neuzil, filed with the City Clerk of Iowa City, Iowa an application for a rezoning of approximately 9.48 acres of property from Medium Density Single Family Residential (RS -8) Zone to Overlay Planned Development 8 (OPD -8) to allow a Sensitive Areas Development consisting of 31 residential condominium units; and WHEREAS, said property is located south of Olive Court and Leamer Court and east of Marietta Avenue; and WHEREAS, the Southwest District Plan identifies the area as appropriate for medium density single - family /duplex residential development; and WHEREAS, the proposed development will encroach on sensitive features, namely a wetland buffer, and steep, critical, and protected slopes in a partially wooded ravine, said proposed development therefore requiring a Level II Sensitive Areas Review; and WHEREAS, certain variations from the underlying zoning and subdivision requirements are necessary to allow clustering of dwelling units away from the sensitive areas within the ravine; and WHEREAS, the Department of Planning and Community Development and the Public Works Department have examined the Sensitive Areas Development Plan, soil stability analysis, and Preliminary Planned Development Plan and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the Preliminary Planned Development Plan and Sensitive Areas Development Plan and after due deliberation and consideration of the application materials, staff recommendations, and public input recommended approval. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. APPROVAL. The property described below is hereby reclassified from Medium Density Single Family Residential Zone (RS -8) to Overly Planned Development 8 (OPD- 8) and the associated Sensitive Areas Development Plan is hereby approved: Ottella. L.L.C. Prooert Lot 426 University Heights, Third Subdivision, according to the plat thereof recorded in Book 3, Page 140, Records of Johnson County, Iowa; and, The southwest quarter of the northeast quarter of the northwest quarter of Section 16, Township 79 North, Range 6 West of the 5th P.M. excepting therefrom the following: Commencing at the northeast corner of the said southwest quarter of northeast quarter of northwest quarter of said Section 16, thence westerly along the north line of said southwest quarter of northeast quarter of northwest quarter of Section 16, 200 feet, thence south (included angle 88 degrees 17 minutes) 170 feet, thence easterly parallel with said north line 7P Ordinance No. 08 -4311 Page 2 200 feet to a point 164 feet south of the point of beginning, thence northerly 164 feet to the point of beginning, as shown by plat recorded in Plat book 4, page 245, Plat Records of Johnson County, Iowa, subject to easements as shown of record. Also excepting therefrom: Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. Gregory B. and Carol Neuzil Property Commencing at the Southeast Corner of Lot 412, University Heights Third Subdivision, as shown on the plat thereof recorded in Plat Book 3, Page 140, Plat Records of Johnson County, Iowa; thence South 240 feet to the place of beginning; thence West parallel to the South line of said Lot 412, University Heights, Third Subdivision, 124.2 feet; thence South 80 feet; thence East 124.2 feet; thence North 80 feet to the place of beginning. SECTION II. ZONING MAP. The Building Inspector is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of this ordinance by law. SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance and the associated Sensitive Areas Development Plan, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Preliminary Plat and the Sensitive Areas Development Plan (sheet nos. 1 through 7) and to record the same, at the office of the County Recorder of Johnson County, Iowa, at the owner's expense, all as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provi- sions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. and approved this 15th day of July 20o8 1 \ /) A41AT: J _ CITY-CLERK Approved by liji f4�tL City Attorney's Office SVT �p Ordinance No. 08 -4311 Page 3 It was moved by Wilburn and seconded by Wright that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Bailey x Champion x Correia x Hayek x O'Donnell —x— Wilburn x Wright First Consideration 6/24/2008 Vote'forpassage: AYES: Champion, Correia, O'Donnell, Wilburn, Wright, Bailey. NAYS: Hayek. ABSENT: None. Second Consideration --------------- - - -- Vote for passage: Date published 7/23/2008 Moved by Wilburn, seconded by O'Donnell, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings brior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Champion, Correia, O'Donnell, Wilburn, Wright, Bailty. NAYS: Hayek. ABSENT: None. 20 IIIIIIIIIIIillllllllllllllllllilllllilllllllllllillillliilllllllilllllillllllili Records 07/CC /Pace 1tof31o3.4N6 AM Johnson County Iowa Kim Painter County Recorder SK4342 Pa730.740 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Kan', City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -247 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 11th day of August, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22'd day of August, 2008. Gt.Ltet s� T �� Marian 'K. Karr City Clerk \I-es UU- 17 -Utf 11 Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 08 -247 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A TELECOMMUNICATION INFRASTRUCTURES PATHWAYS AND ELECTRICAL TRANSMISSION SYSTEM. WHEREAS, the University of Iowa has installed a buried conduit system containing a fiber optic telecommunications cable and a buried electrical system within City of Iowa City public rights -of- way; and WHEREAS, the City of Iowa City desires to enter into an agreement with the University of Iowa providing for the continued use of the public right -of -way and for the possible expansion of the existing facilities; and WHEREAS, it is in the public interest to enter into a license agreement with the University of Iowa concerning the responsibility for the installation and maintenance of the fiber optic cable and electrical transmission system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached license agreement between the City of Iowa City and the University of Iowa to use certain streets and public rights -of -way as set out in said agreement for the placement of fiber optic cable and electrical transmission system is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa, and the City Clerk is hereby directed to record the resolution and agreement in the Johnson County Recorder's Office, at the University of Iowa's expense. Passed and approved this 11th day of CORPORATE SERI. ATTEST: CITY'6L -ERK City Attorney's Office ®% 71\ Resolution No. 08 -247 Page 2 It was moved by Correia and seconded by Hayek the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright wpdata/glossary/resolufion- ic.doc V` AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND THE UNIVERSITY OF IOWA FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF TELECOMMUNICATION INFRASTRUCTURES PATHWAYS AND ELECTRICAL TRANSMISSION SYSTEM. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly -owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean publicly -owned or controlled land and rights -of -way, easements, bridges, parks squares and commons. d. "University" shall mean the University of Iowa and shall include equipment owned, operated, leased, or subleased in connection with the operation of the Telecommunication Infrastructures Pathways and Electrical Transmission System, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, electrical lines, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT University is hereby granted a license to construct, maintain, inspect, protect, repair, replace and retain a telecommunications and electrical facilities in, under, upon, along and across the public property shown and identified in Exhibits A and B attached hereto, subject to the regulatory powers of the City and subject to the conditions herinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE UNIVERSITY FACILITIES Before commencing any extension or expansion of its facilities, or any major repair work or the installation of any new facilities in the City, the University shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the University proposes to extend, expand, install or repair its facilities. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the facility components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. Such proposed facilities shall not interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements, or any existing City-owned public utility facility component, or other structure upon or under public property. If the proposed locations of any facilities does interfere with said improvements, the Director of Public Works shall, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate the interference and refer the same back to the University for amendment. Any such review, approval or amendment shall remain subject to the provisions in 1 Section 8 herein. Such map, plan, or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the University to proceed in accordance with the approved maps, plans, or specifications. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by University shall be in accordance with the approved maps, plans or specifications. 6%*1-16101 MR role] 01 10IM118-11 (Alk KIM In the process of location, construction, reconstruction, replacement, or repair of any systems component, the excavation or obstruction made or placed in public property at any time or for any purpose by the University shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manual on Uniform Traffic Control Devices. All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the University shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the University fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice in writing to do so given to its designated representative, then the City may make such repairs at the expense of the University. The University shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 5, EXCAVATIONS The University is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Telecommunication Infrastructures Pathways and Electrical Transmission System. In making such excavations, the University shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty- four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the University may proceed with the work without first applying for or obtaining the permit, provided, however, that the University shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the University fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the University. The University shall pay the costs of such repair or restoration. The University shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. 2 ti� SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the University, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the University for any damages arising out of the performance of such work by other parties. Nothing in this agreement shall be construed to relieve other persons or corporations from liability for damage to the University's facilities. SECTION 7. UNIVERSITY CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the University under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The Telecommunication Infrastructures Pathways and Electrical Transmission System and other components of the facilities erected by the University within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The University shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The University shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its facilities in, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and /or redevelopment of public property or public right -of -way by the City. In the event the University fails to act within a reasonably allocated time, the City may cause the University facilities to be relocated, and the costs thereof shall be to the University and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of University's failure to act within a reasonable time shall be the responsibility of the University. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The University shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. University shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The University shall not place identification signs within the public right -of -way. 3 ti� Upon request, the University agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the University shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll -free "One -Call" number. Installation, repair, or replacement work completed by the University or any facilities requiring excavation of public property or public right -of -way shall require University to restore and replace surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The University shall notify the City when facilities are to be abandoned. The University shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right -of -way as required in conjunction with other right -of -way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to University and to this agreement. �i I<(i]Pil■71_1►6�_P►lliliZ� ; � P /��iLl Upon completion of the work, the University shall promptly furnish to the City copies of "as- built" plans related to its facilities located on public property. The University shall keep complete and accurate maps and records of the locations and operations of its facilities including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that a violation or breach of this agreement is occurring or has occurred or that a violation of codes or ordinances lawfully regulating the University in the operation of its facilities or the manner of use of public property either is occurring or has occurred (hereinafter referred to as a "default'), the City shall cause an investigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this agreement or the codes or ordinances. The City shall give written notice to the University of the default, and the University shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and University shall proceed promptly to cure the same and prosecute such cure with due diligence, 0 the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the University in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to University and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the University. If the University fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the University; or iii. seek damages of such default; or iv. any combination of (i), (ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The University agrees to be responsible for any and all damages arising directly from negligent acts or omission in exercising the rights granted herein. The University agrees to require contractors and subcontractors engaged in work for the University within the public right -of -way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14, SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the University in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15, ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to University, if the City determines that the property or public right -of -way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the University exercises the rights granted to it hereunder, the tl� City will not, by ordinance or otherwise, vacate any street, alley or public property in which the University has installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the University to relocate its facilities as provided in Section 8 hereof. SECTION 17, PREVIOUS AGREEMENTS The City and the University have previously entered into agreements for individual sites for the placement of fiber optic and electrical system. They are recorded at the Johnson County Recorder's in Book 3622 Pages 88 -91; Book 3899, Pages 899 -902; Book 3987, Pages 557 -563; Book 4080, Pages 544 -548; and Book 4326, Pages 291 -295. This agreement shall supersede said agreements and any other agreements that have been entered into by the City and the University for the placement of fiber optic and /or electrical systems within City of Iowa City public right -of -way. SECTION 18. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to University: University Business Manager University of Iowa 305 PCO Iowa City, IA 52242 Provided, however, that in case of an emergency, notices may be given verbally to the above - named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's Office, at University expense. Dated this 19 day of Ac-c, cx.5 —% 2008. CITY OF IOWA CITY UNIVERSITY OF IOWA N f�\ L.i[y caerK Approved by: City Attorney's Office By: eorge M. Hollins University Business Manager CORPORATE SEAL CITY OF IOWA CITY ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this /j -Ph day of & Gwc, -T- 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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 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 corporation by authority of its City C uncil, as contained in Resolution No. 09- -2Y7 and passed by the City Council, on the day of -AUVu r 2008, and that Regenia D. Bailey and Marian K. Karr acknowledged the execution said instrument to be the voluntary act and deed and the voluntary act and deed of said corporation, by it and by them voluntarily executed. oJ�ru SONDRAE FORT Commission Number 15979 W 1 _ My Commission Expires Notary Public in and for the State of Iowa e 7 My commission expires: a/V UNIVERSITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this 1 4�" day of 4- , 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared George M. Hollins., to me personally known, and, who, being by me duly sworn, did say that he is the University Business Manager of the University of Iowa, and that he has authority to act and is acting on behalf of the University of Iowa, as provided by the Board of Regents, State of Iowa, and that as such this person did execute the foregoing instrument as the voluntary act and deed of the University of Iowa, for and on behalf of the State of Iowa Board of Regents. 1 'a K • ��� -fir Ey Notary Public in and for the State of Iowa My commission expires: RHONDA K. DIE TRICH nmHaeion- Hmnbor 136242 U: \PW\STAFF\Kim ] \ROW Agreements \Temporary - Fixed \Fiber Optic\lohnson County.doc My Comm, rxp._ 4 f¢ -`yam V `, j IIIII��III' II' IIII' IIIIIIIIIIII�IIIIIII�IIIIIIIII�IIIIIIIIIIIIIIIIIII�I Doc ID: 021263690026 Tvoe: GEN Recorded: 08/27/2008 at 10:10:25 AM Fee Amt: $132.00 Page 1 of 26 Johnson Countv Iowa Kim Painter County Recorder EK4343 PG652 -677 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -243 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the I It" day of August, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 13`" day of August, 2008. oRg AL cjot 4G%/:. li )".) Marian K. Karr City Clerk Ves ,yv Prepared by: Wendy Ford, Eco Dev Coord., 410 E. Washington St,, Iowa City, IA 52240 (319) 356 -5248 RESOLUTION NO. 08 -243 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE THIRD AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DEVELOPER MGD, L.C. FOR THE REDEVELOPMENT OF SYCAMORE MALL. WHEREAS, in September 2000, the City of Iowa City, Iowa ( "City ") and MGD., L.C. ( "Developer') entered into an Agreement for the Private Redevelopment of Sycamore Mall that provided for the use of tax increment financing to support tax rebate grants to the Developer on certain improvements as economic incentives for redevelopment of the mall; and WHEREAS, the original and amended Agreement requires the City's consent on transfers of ownership or assignment of Developer's obligations under the Agreement; and WHEREAS, MGD L.C. and its individual members' L.C.'s currently own Sycamore Mall as tenants in common; and WHEREAS, the current owners desire to sell and transfer their ownership interest to a new buyer, Core Investors, to enable the current owners to reinvest in other local development projects; and WHEREAS, under the proposed amendment, Hodge Commercial Management, Inc. will be retained to continue to operate the property and submit annual certification materials, and, to ensure continued performance, MGD L.C. will remain the recipient of the two remaining economic development grants if the performance terms of the agreement are met; and WHEREAS, staff and the Economic Development Committee recommends consenting to this restructuring of ownership provided Hodge Commercial Management, Inc. remains the operating entity primarily responsible for meeting the Developer's obligations under the agreement, all tax rebate payment are made payable to MGD., L.C., and all subsequent ownership transfers are subject to City consent; and WHEREAS, it is necessary to formally amend the original Agreement to reflect the City's consent to the restructuring of mall ownership and to memorialize the conditions upon which consent is granted. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor is authorized to sign and the City Clerk to attest the Third Amendment to the Agreement for Private Redevelopment by and between the City of Iowa City, Iowa, and MGD, L.C. which is attached hereto and made a part hereof. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Third Amendment to the Agreement for Private Redevelopment at the expense of MGD, L.C. tiN Resolution No. 08 -243 Page 2 Passed and approved this 11th day of August , 20__U_. ATTEST: 2ILIA! K G it. CITY CLERK S: att/legal /sarah/ecodevlsycamore 3r° amend resoiution.doc 0/ Resolution No. 08 -243 Page 3 It was moved by Wright and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: x x X x —x — x X wpdaWgf ss Yresddm -laden NAYS: ABSENT: Bailey - Champion Correia Hayek O'Donnell Wilburn Wright N ,i Prepared by and return to: Kirsten H. Frey, AT0002699, 920 S. Dubuque Street - P.O. Box 2000, Iowa City, 1A 52240 (319) 351 -8181 THIRD AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND MGD, L.C. THIS AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT, (hereinafter called "Agreement ") is made this (4�) day of August 2008 by and among the City of Iowa City, Iowa, a municipality, (hereinafter called "City "), established pursuant to the Code of Iowa of the State of Iowa; MGD, L.C., an Iowa limited liability company having an office for the transaction of business in Iowa City, Iowa (hereinafter the "Developer "); MEHSM, L.C., an limited liability company, GASM, L.C., an Iowa limited liability com- pany, DVHSM, L.C., an Iowa limited liability company, DGOSM, L.C., an Iowa limited li- ability company, KDDSM, L.C., an Iowa limited liability company, Hodge Development Company, an Iowa corporation, and Oakes Development Ltd., an Iowa corporation, (herein- after jointly and severally referred to as the " Co-Owners ");Hodge Conunercial Management, Inc., an Iowa corporation; and each of the entities listed on Exhibit A hereto, as tenants in common, together with their permitted successors and assigns, (hereinafter collectively re- ferred to as "Buyer "). WITNESSETH: WHEREAS, the City and the Developer entered into an certain Agreement for Private Redevelopment dated September 19, 2000, which involved the use of Tax Increment Financing pursuant to the Sycamore and First Avenue Urban Renewal Plan; and WHEREAS, Developer was the owner of Sycamore Mall, and said Agreement for Private Redevelopment involved the redevelopment and revitalization of Sycamore Mall by Developer; and WHEREAS, pursuant to a First Amendment to the Agreement for Private Redevelop- ment between the City of Iowa City and MGD, L.C., the ownership of Sycamore Mall was transferred from Developer to individually -owned limited liability companies owned by the members of Developer; and ,LN WHEREAS, the Co- Owners desire to sell and transfer its interest in Sycamore Mall to Buyer; and WHEREAS, said Agreement for Private Development requires that the Developer and Co- Owners obtain the approval of the City before assigning its interest in the agreement to any other party; and WHEREAS, the City has consented to the sale of Sycamore Mall and the assignment of the Agreement of Private Redevelopment to Buyer upon certain conditions, NOW, THEREFORE, in light of the mutual consideration exchanged herein, the re- ceipt and sufficiency of which is hereby acknowledged, each of the parties hereto does hereby covenant and agree with the others as follows: 1. The parties hereby acknowledge and the City of Iowa City hereby expressly consents to the assignment of the Agreement for Private Redevelopment and the trans- fer of Co- Owners' interests in Sycamore Mall to the Buyer such that following the ap- proval and execution of this Third Amendment Agreement, the real estate locally known as Sycamore Mall which is legally described as: LOTS 2, 3, 4, 7 and a part of Lots 5 and 6 of Mall First Addition to Iowa City, Iowa, as per plat thereof recorded in Plat Book 9, page 41 records of Johnson County, Iowa and a part of the Southwest Quarter of the Southeast Quarter Section 14 and part of the North Half of the Northeast Quarter of Section 23, Township 79 North, Range 6 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa, more particularly described as follows: Commencing at the northeast corner of the intersection of Sycamore Street and U.S. Highway #6, said point being the POINT OF BEGINNING; thence following the easterly right of way lines of said Sycamore Sheet, North 0 degrees 26 minutes 00 seconds East, a distance of 225.05 feet; thence North 4 degrees 09 minutes 00 seconds West, a distance of 212.68 feet; thence North 0 degrees 26 minutes 00 seconds East, a distance of 168.98 feet to the southwest corner of LOT 1 in said Mall First Addition; thence South 89 degrees 34 minutes 00 second East along the south line of said LOT 1, a distance of 278.80 feet to the southwest corner of said LOT 2; thence North 42 degrees 06 minutes 03 seconds West, a distance of 194.06 feet to the most westerly corner of said LOT 2; thence North 47 degrees 27 minutes 49 seconds East along the northwesterly line of said LOT 2, a distance of 413.72 feet; thence North 0 degrees 49 minutes 15 seconds East along the west line of said LOT 2, a distance of 57.31 feet to the intersection with the southwesterly right of way line of Lower Muscatine Road; thence following said right of way line, South 42 degrees 33 minutes 45 seconds East, a distance of 646.92 feet; thence South 42 degrees 43 minutes 30 seconds East, a distance of 608.79 feet; thence South 2 degrees 31 minutes 00 seconds West, a distance of 28.51 feet to the KF Myacmore TIF third amendment Z Iv intersection with the northwesterly right of way line of First Avenue at a point of curvature of a non - tangent curve, concave to the Southeast, having a radius of 804.00 feet, a central angle of 23 degrees 01 minute 26 seconds, and a chord of 320.91 feet bearing South 34 degrees 52 minutes 30 seconds West; thence Southwest along said curve, a distance of 323.08 feet to the intersection with the northerly right of way line of said U.S. Highway #6 at a point of curvature of a non - tangent curve, concave to the South, having a radius of 3015.00 feet, a central angle of 16 degrees 58 minutes 18 seconds, and a chord of 889.81 feet bearing North 81 degrees 36 minutes 44 seconds West; thence West along said curve, a distance of 893.07 feet; thence North 89 degrees 53 minutes 48 seconds West, a distance of 227.53 feet to the POINT OF BEGINNING. will be held by Buyer. The undeveloped outlot legally described as: Lot 1 of Mall First Addition to Iowa City, Iowa, as per plat thereof recorded in Plat Boole 9, Page 41, Records of Johnson County, Iowa, shall continue to be held and owned by Co- Owners. 2. Buyer hereby assumes the responsibilities of Developer and Co- Owners under the Agreement for Private Redevelopment dated September 19, 2000 and shall be re- sponsible for the same. 3. Hodge Connnercial Management, Inc., an Iowa corporation, principally owned and operated by the same individuals as the Developer, shall become the managing en- tity of Sycamore Mall. Hodge Commercial Management and Buyer shall be jointly and severally responsible for each and every obligation, other than the payment of Real Estate Taxes, of the Developer pursuant to the initial agreement for Private Redevel- opment and the Amendments thereto. Buyer is solely responsible for the timely pay- ment of Real Estate Taxes. 4. Notwithstanding the assignment of the Agreement for Private Redevelopment dated September 19, 2000 and the transfer of ownership of Sycamore Mall to the Buyer, the parties hereto agree and acknowledge that all payments owed by the City of Iowa City pursuant to the Agreement for Private Redevelopment dated September 19, 2000 for the rebate of real estate taxes paid by the owner of Sycamore Mall shall con- tinue to be made to MGD, L. C., at 711 S. Gilbert Street, Iowa City, Iowa 52240. 5. The parties acknowledge that Buyer intends to sell interests in Sycamore Mall to entities created for investment purposes and that said entities shall be known as TIC Sycamore 1, LLC, a Delaware limited liability company; TIC Sycamore 2, LLC, a Delaware limited liability company and so on and that future assignments of partial interests in Sycamore Mall to subsequent tenancy in common entities shall not require additional consent from the City of Iowa City so long as Buyers remain an owner of Sycamore Mall. Any assignment that would result in the complete divestment of both CORE Sycamore Town Center P, LLC, and CORE Sycamore Town Center T, LLC's KF33 \Syacmore TIP third amendment 3 �N ownership interest in Sycamore Mall shall require the consent of the City as provided in Paragraph 7.1 of the Agreement. 6. In all other respects the Agreement for Private Redevelopment and the First and Second Amendment thereto remains unchanged as if this Third Amendment did not exist. DATED this 11-0 day of August 2008. KF33 \Syacmore TIF third amendment 4 Atte By: Marian K. Kan', City Clerk STATE OF IOWA ) SS. JOHNSON COUNTY On this d5A day of August 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey and Marian K. Karr, to me per- sonally 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 the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. oe"ua SONDRAEFOR7 _ Commission Number 159791 My Commission Expires WOW 3 7.100 KF33 \Syacmore TIF third amendment Sandnax && Notary Public in and for the State of Iowa by MUD, L.C. By: Michael E odge, Manager STATE OF IOWA ) ) SS: JOHNSON COUNTY ) MEHSM, L.C. By: Michael E. odge, Manager and S e Member It Cl- On this Z( day of August 2008, before me, a Notary Public in and for said county, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn did say that that person is the Manager of said limited liability company, that no seal has been procured by the said limited liability company, and that said instrument was signed on behalf of said limited liability company by authority of its Manager and the said Michael E. Hodge acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company and by it voluntarily executed. KIRSTEN H FREY Commission Number 180259 n My Commission Expires Ste-` ow duly 12,200 otary Public in anq for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) r On this ZIS day of August 2008, before me, a Notary Public in and for said county, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn did say that that person is the Manager and sole member of said limited liability company, that no seal has been procured by the said limited liability company, and that said instrument was signed on behalf of said limited liability company by authority of its Manager and the said Michael E. Hodge acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company and by it voluntarily executed. Fit. KIRSTEN H FRAY Commission Number 180259 My Commission Expires July 12, 2010 Notary Public in and for he State of Iowa KF33 \Syacmore TIF third amendment 6 1v Hodge Development Company 14 By: Michael E (yodge, President STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Hodge Commercial Management, Inc. By: Michael odge, President 1• On this 21s day of August 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn, did say that he is the President, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Michael E. Hodge as such officer, ac- knowledged the execution of said instrument to be the voluntary act and deed of said corpora- tion by it and by him voluntarily executed. KIR STEN H FREY J�W"°w Commission Number 180259 My Commission Expires July 12, 2010 STATE OF IOWA ) SS: JOHNSON COUNTY ) ':_:::)otaty PubFni f the State of Iowa On this r-151, day of August 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Michael E. Hodge, to me personally known, who being by me duly sworn, did say that he is the President, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Michael E. Hodge as such officer, ac- knowledged the execution of said instrument to be the voluntary act and deed of said corpora- tion by it and by him voluntarily executed. P "& KIRSTEN H FREY Commission Number 180259 1 My Commission Expires pW July 12, 2010 t1Q Notary Public in and for the State of Iowa KF33 \Syacmore TIF third amendment 7 Iv GASM, L.C. y: Gregland A. A Manager Sole ember�'�t STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 22nd day of August 2008, before me, a Notary Public in and for said county, personally appeared Kirsten H. Frey, as Power of Attorney for Gregory A. Apel, under Power of Attorney dated August 21, 2008, to me personally known, who being by me duly sworn did say that Gregory A. Apel is the Manager and sole member of said limited liability company, that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of said limited liability company by authority of its Manager and the said Kirsten H. Frey, as Power of Attorney for Gregory A. Apel, acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. o MY G dCAO Rw M O m 33O E0 Notary Public ' 3 nd for the State of Iowa K1733 \Syacmore TIF third amendment 2S �v DG ,qSM, L.C.�j By: Dean G. Oakes, Manager and Sole Member STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Oakes Develop�mjent, Ltd. /v By: Dean G. Oakes, President On this Z l e� day of August 2008, before me, a Notary Public in and for said county, personally appeared Dean G. Oakes, to me personally known, who being by me duly sworn did say that that person is the Manager and sole member of said limited liability company, that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of said limited liability company by authority of its Manager, and the said Dean G. Oakes acknowledged the execution of said instrument to be the voluntary of said limited liability company and by it voluntarily executed. 6 "aibe—, KIRSTEN H FREY - mmission Number 180259y Commission Expires op July 12, 2010 STATE OF IOWA ) SS: JOHNSON COUNTY ) N tar-y Public in and or the ­State of Iowa cY On this ZAy" day of _August 2008, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared Dean G. Oakes, to me personally known, who being by me duly sworn, did say that he is the President, that no seal has been procured by the said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said Dean G. Oakes as such officer, ac- knowledged the execution of said instrument to be the voluntary act and deed of said corpora- tion by it and by him voluntarily executed. kPlon-July KIRSTEN H FREY mmission Number 180259 Commission Expires 12, 2010 m_ i Notary Public in a 1 for the State of Iowa KF33 \Syacmore TIP third amendment 9 KDDSM, L.C. By: evin D. Digmam Manager and Sole Member STATE OF IOWA ) ) SS: JOHNSON COUNTY ) t- On this Z1g day of August 2008, before me, a Notary Public in and for said county, personally appeared Kevin D. Digmann, to me personally known, who being by me duly sworn did say that that person is the Manager and sole member of said limited liability company, that no seal has been procured by the said limited liability company and that said in- strument was signed on behalf of said limited liability company by authority of its Manager and the said Kevin D. Digmann acknowledged the execution of said instrument to be the vol- untary act and deed of said limited liability company by it voluntarily executed. _ `I� ioP °' "JJ KIRSTEN H FREY ! otary Public in and r the State of Iowa - Commission NUmber180258; My Commission Expaes ew Juty 12, 2010 KF33 \Syacmore TIF third amendment 10 ,�v STATE OF IOWA ) ) SS: JOHNSON COUNTY ) 4 On this Z l day of August 2008, before me, a Notary Public in and for said county, personally appeared David V. Hodge, to me personally known, who being by me duly sworn did say that that person is the Manager and sole member of said limited liability company, that no seal has been procured by the said limited liability company and that said instrument was signed on behalf of said limited liability company by authority of its Manager and the said David V. Hodge acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. . �� s KIRSTEfd H TREY z � Commission Number 18025 „' �fy Commission Expires otary Public in and for tl State of Iowa - bw MY 12, 2010 KF33 \Syacmore TIP third amendment 11 v CORE Sycamore Town Center T, LLC, a Delaware limited liability company By: CORE Sycamore Town Center Mezzanine, LLC, a Delaware limited liability company, its sole member By: CORE Realty Holdings, LLC, a California limited liability company, its sole member STATE OF ) ss: COUNTY OF ) On 2008, before me, personally appeared who proved to me on person whose name is subscribed to t e within instrument and in his authorized capacity, and that by is signature on the ' stri which the person acted, executed the inst ument. I certify under PENALTY OF paragraph is tnie and correct. WITNESS my hand and GENBUS /626146.2 By:C —, ��f Name: R Ok--MAT- Title: PkeSTP6NT 66-0 / Notary Public, iasis of satisfactory evidence to be the dedged to me that he executed the same the person, or the entity upon behalf of the laws of the State of California that the foregoing This area for official notarial seal. rly CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Orange File No: APN No: On August 18, 2008 before me, Tracie Nguyen Notary Public, personally appeared William R. Colvin who proved to me on the basis of satisfactor instrument and acknowledged to me that he /s his /her/thelr signature(s) on the Instrument the instrument, evidence to be the person(s) whose name(s) isMre subscribed to the within ee/they executed the same in his /hef/their authorized capacity(les) and that by person(s), or the entity upon behalf of which the person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRACIE NGUYEN �1 /jj� COMM. #1731137 Signature �l // z Notary Public • California o Orange County Camp. Expires Mar. 15, 2011 i This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. INDIVIDUAL Q CORPORATE OFFICERS) TITLE(S) Q PARTNER(S) ❑ LIMITED Q ATTORNEY -IN -FACT TRUSTEE(S) Q GUARDIAN /CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: Name of Person or Entity ❑ GENERAL Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUMENT Reproduced by Fbw American Title lnwmn 112001 vl TIC Sycamore 1, LLC, a Delaware limited liability company By: CORE Realty Holdings VP, LLC, a Delaware limited liability company, its authorized signatory By, Name: D na Grant / � Title: 0n/! ( 7( V /CP 1 �P %C�CN STATE OF ) ss: COUNTY OF ) On 2008, befog ne, Notary Public, personally appeared w proved to me on the b s of satisfactory evidence to be the person whose name is subscribed to the within • nstrument and ackn ledged to me that he executed the same in his authorized capacity, and that by his signat a on the instru ent the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. area for official notarial seal. GENBUS /626146.2 /�V CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Orange ) File No: APN No: On August 18, 2008 before me, Tracie Nguyen , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is{are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in hWher /their authorized capacity(ies) and that by hWher their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRACIE NGUYEN � COMM. 01731137 z Signature ' /`�L�� Z Notary Public - California o Orange County M Comm. Expires Mar. 15, 2011 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. Q INDIVIDUAL Q CORPORATE OFFICERS) TITLE(S) Q PARTNER(S) ❑ LIMITED 0 ATTORNEY -IN -FACT 0 TRUSTEE(S) Q GUARDIAN /CONSERVATOR Q OTHER SIGNER IS REPRESENTING: Name of Person or Entity ❑ GENERAL Name of Person or Entity OPTIONAL SECTION Though the data requested here Is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNERS) OTHER THAN NAMED ABOVE Reproduced by Fkst American Tide Inwnnce 1/2001 u STATE OF ) ss: COUNTY OF On 2008, before me personally appeared , who person whose name is subscribed to the within i in his authorized capacity, and that by his signa which the person acted, executed the instrument. I certify tinder PENALTY OF PERJURY paragraph is true and correct. / WITNESS my hand and official GENBUS/626146.2 TIC Sycamore 2, LLC, a Delaware limited liability company By: CORE Realty Holdings VP, LLC, a Delaware limited liability company, its authorized signatory By: zeMLJ 60U— Name: Donna Grant Title: ( io r Vice As t, lc(/ L , Notary Public, tii the basis of satisfactory evidence to be the acknowledged to me that he executed the same rument the person, or the entity upon behalf of laws of the State of California that the foregoing This area for official notarial seal. 2q/ STATE OF California COUNTY OF Orange CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT )SS File No: APN No: On August 18, 2008 before me, Tracie Nguyen Notary Public, personally appeared Donna Grant who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that tWshe/they executed the same in his/her/tHeir authorized capacity(ies) and that by his/her /Lheif signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRACIE NGM // COMM. #1731137 z Signature / i QYNotary Public -California Orange County Comm. E ires Mar. 15, 2011 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove Invaluable to persons relying on the documents. 0 INDIVIDUAL Q CORPORATE OFFICERS) TITLE(S) PARTNER(S) ❑ LIMITED ❑ GENERAL 0 ATTORNEY -IN -FACT 0 TRUSTEE(S) Q GUARDIAN /CONSERVATOR Q OTHER SIGNER IS REPRESENTING: Name of Person or Entity Name of Person or OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Reproduced by nrst American Tide rnwmFK 7/2001 q11/ TIC Sycamore 3, LLC, a Delaware limited liability company By: CORE Realty Holdings VP, LLC, a Delaware limited liability company, its authorized signatory By: f C LLC N me: Don a Grant n Title: 111 f /�f ole / - STATE OF ) ss: COUNTY OF ) On _, 2008, before me, Notary Public, personally appeared who pr ed to me on the basis of satisfactory evidence to be the person whose name is subscribed tot �w.�ithii nstrument and acknowledged to me that he executed the same in his authorized capacity, and that by hhis s' nature on the instrument the person, or the entity upon behalf of which the person acte I certify under PENALTY 90 PERJ�jRY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand GENBUS /626146.2 official seal. This area for official notarial seal. IV CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Orange ) File No: APN No: On August 18, 2008 before me, Tracie Nguyen , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the persc instrument and acknowledged to me that he /she/they executed the same in hWher/their signature(s) on the instrument the person(s), or the entity upon instrument. � whose name(s) is/are subscribed to the within his/her heir authorized capacity(ies) and that by behalf of which the person(s) acted, executed the I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. TRAP' E NOUYEN'j COMM. #1731137 Z Signature Qmy N otary Public - California o g z Orange County Comm. Ex ires Mar. 15, 2011 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. 0 INDIVIDUAL CORPORATE OFFICERS) TITLE(S) PARTNER(S) ❑ LIMITED ATTORNEY -IN -FACT 0 TRUSTEE(S) 0 GUARDIAN /CONSERVATOR 0 OTHER SIGNER IS REPRESENTING: Name of Person or Entity ❑ GENERAL Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUMENT Reproduced by First Awkrkan Tide lnwance 1/2001 ,�v TIC Sycamore 4, LLC, a Delaware limited liability company By: CORE Realty Holdings VP, LLC, a Delaware limited liability company, its authorized signatory By: �&JuU(— Name: Donna Grant p Title: � n1or- 6o Fre5t&* STATE OF ) ss: COUNTY OF ) On _, 2008, b ore me, Notary Public, personally appeared who prove to me on the basis of satisfactory evidence to be the person whose name is subscribed to the ithin ins ument and acknowledged to me that he executed the same in his authorized capacity, and that by his n re on the instrument the person, or the entity upon behalf of which the person acted, executed the instrum I certify under PENALTY OF paragraph is true and correct. WITNESS my hand and GENBUS /626146.2 seal. the laws of the State of California that the foregoing This area for official notarial seal. rV q/ CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF California )SS COUNTY OF Orange ) File No: APN No: On August 18, 2008 before me, Tracie Nguyen , Notary Public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that IWshe/they executed the same in his/her/their authorized capacity(ies) and that by hWher/Naeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. T""' NTEN o COMM. #1731137 Z Signature o: :s_ Notary Public California A z Orange County M Canm. Fx fires Mar. 15, 2011 This area for official notarial seal. OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the documents. Q INDIVIDUAL CORPORATE OFFICER(S) TITLES) PARTNER(S) ❑ LIMITED ATTORNEY -IN -FACT Q TRUSTEE(S) El GUARDIAN /CONSERVATOR Q OTHER SIGNER IS REPRESENTING: Name of Person or Entity ❑ GENERAL Name of Person or Entity OPTIONAL SECTION Though the data requested here is not required by law, It could prevent fraudulent reattachment of this form. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED BELOW TITLE OR TYPE OF DOCUMENT: NUMBER OF PAGES SIGNER(S) OTHER THAN NAMED ABOVE DATE OF DOCUMENT Reproduced by rust Amerkan Me IMUna I/N01 �v 1WAMMI CORE Sycamore Town Center T, LLC, a Delaware limited liability company TIC Sycamore 1, LLC, a Delaware limited liability company TIC Sycamore 2, LLC, a Delaware limited liability company TIC Sycamore 3, LLC, a Delaware limited liability company TIC Sycamore 4, LLC, a Delaware limited liability company KF331Syacmore TIF third amendment 17 v � pp NN Recorded: OB 0111 Recorded: AM Fee Amt: $32.00 Page 1 of 6 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -523C Johnson County IoNa Kim Painter Countv Recorder DECISION BK4344 PG353.358 IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, JUNE 11, 2008 EMMA J. HARVAT HALL ,U o MEMBERS PRESENT: Edgar Thornton, Caroline Sheerin, Karen Leigh, Michelle Shelan go" ki MEMBERS ABSENT: Ned Wood < r i i1 STAFF PRESENT: Sarah Holecek, Sarah Walz, Sarah Greenwood - Hektoen pa )J OTHERS PRESENT: Royce Chestnut, Tammy Kramer, Rev. Orlando Dial, Melvin naw SPECIAL EXCEPTION ITEMS: 1. EXC08- 00009: a public hearing regarding an application submitted by Royce Chestnut for a special exception to reduce the required front principal building setback for property located in the RS -8 zone at 425 Clark Street. Findings of Fact: The Board finds that the subject property is located in the Clark Street Conservation District and the house is considered a contributing structure within the Clark Street Conservation District. The Board finds that the historic architecture of the house would normally include a front porch and that historic documents show that the house did have a front porch in the past, which was later removed . The board finds that in 2007 the applicant was granted a certificate of appropriateness by the Historic Preservation Commission ( "HPC") to construct a front porch. The board finds that many houses along this portion of Clark Street maintain their historic styles and include front porches, and the historic architecture of this house would normally feature a front porch. The board finds that the front entrance of the house is approximately 2 feet above grade and that the existing stoop for the house is so small that opening the front door requires one to back off the front stoop. The board finds that subsequent to HPC approval, the applicant removed an awning that provided shelter at the front entrance in anticipation of constructing the front porch, before the building permit was denied based on the setback. The board finds that the required front setback in the RS -8 zone is 15 feet and that the subject house is set at 13 feet. The board finds that the subject street frontage is more than 900 feet long, more than twice the average block length, and that houses established along this street frontage have a wide variety of setbacks such that setback averaging cannot be applied to provide a remedy for the subject property. The board finds that a number of the houses on the northern portion of the block, which are the oldest structures, have setbacks of less than 15 feet, including the 3 houses directly to the south of 425 Clark Street. The board finds that the adjacent house at 427 Clark Street, which is set at 13 feet, also had a front porch at one time and the house at 431 Clark, which has a front porch, is set at 6 feet. The board finds that the subject lot is 33 feet wide, which is less than the 40 -foot width required in the RS -8 zone and that vehicle access is provided via a driveway on the south side of the house. The board finds that Clark Street is a 60 -foot right -of -way. Conclusions of Law: The board concludes that the situation is peculiar to the property for the following reasons: the subject property is located in a conservation district and is designated as a contributing historic structure; historic documents show that at one time the house included a front porch and the architectural style of the house would normally feature a porch; there is a wide variation in established setbacks along this long street frontage, which precludes setback averaging as a basis for relief from the required setback; and surrounding properties feature setbacks that are less than the required 15 -foot setback. Because the front stoop is small and unsheltered and because the lot is unusually narrow with vehicle access provided from the front of the property, the board finds that there is practical difficulty in complying with the setback requirements. The board finds that because the setback reduction is for an open air porch only and because Clark Street is a 60 -foot wide right -of -way, granting the reduction will achieve the intent of the zoning ordinance to maintain light, air, and separation for fire protection and access for fire fighting and will not reduce opportunities for privacy between buildings. Because a number of surrounding buildings have setbacks that are less than 15 feet, and because the reduction is for an open air porch and not an enclosed addition, the reduced setback will reflect the general building scale and placement of structures in the neighborhood and will promote a reasonable physical relationship between buildings. For all the reasons stated above, and based on HPC approval of the porch design, the board concludes that any negative effects resulting from the setback reduction will be mitigated by creating a more aesthetically pleasing and historically appropriate front entrance to the house. For all the reasons cited above, the board concludes that the proposed exception will not detrimental or endanger the public health, safety, comfort or general welfare and will not be injurious to the use and enjoyment of other property in the vicinity or substantially diminish property values. Likewise the board concludes that the proposed setback reduction will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone. The board concludes that all adequate utilities, access roads, drainage and /or necessary facilities are already provided and that there will be no impact on ingress or egress from the subject property. The board concludes that the proposed exception conforms to all other applicable regulations or standards of the zone and that it is consistent with the Comprehensive Plan, which encourages the restoration of historic structures in Iowa City neighborhoods. n Disposition: By a vote of 3 -0 the Board approves EXC08 -00009 an application for- pec(al �rl exception to reduce the required front principle building setback from 15 feet to 7 fief for „ property located in the RS -8 zone at 425 Clark Street to allow construction of an 0& airy porch subject to compliance with the elevations and site plan submitted and approved bye r �� the Historic Preservation Commission. Y v, 2. EXC08- 00010: a public hearing regarding an application submitted by Tammy Kramer for a special exception to reduce the required front principal building setback for property located in the RS -5 zone at 300 Kimball Road to allow required parking to be located within said setback. Findings of Fact: The Board finds that the subject property is required to provide a 20 -foot setback. The board finds that because the property includes an accessory apartment, the applicant must provide 2 required parking spaces and that only one of the required spaces may be provided in the front setback. The board finds that the subject property has two ��J parking pads located in the front setback —one with space for four cars and one with space for two cars. The board finds that there is no on- street parking allowed on the subject portion of Kimball Road, but that there is good visibility along this portion of the road. The board finds that the subject house backs up to a steep ravine and constructing a parking space outside the 20 -foot setback may require the removal of a mature tree and will consume any remaining, useable open space. . The board finds that the steep topography of the neighborhood and the restrictions on parking along this portion of Kimball road have created a situation in which most parking within the neighborhood is provided in the front setbacks of most neighboring properties. Conclusions of Law: Based on the topography of the of the subject property, the Board concludes that the situation is peculiar to the property and that there is practical difficulty complying with the setback requirements for parking as installation of the additional required parking would consume what little level ground and useable open space remains on the property. Because the reduction in the required setback is for the purpose of accommodating required parking only, which is already constructed, the board concludes that the special exception will not be contrary to the purpose of the setback regulations, which are intended to preserve space, privacy, light and air, and flexibility for future development between buildings. For the above reasons, and because other properties in the neighborhood have similar topography and because on- street parking is prohibited along this portion of Kimball Road, the Board concludes that the setback reduction will not create an unreasonable relationship between residences. For all the reasons cited above, and because the subject property has space to accommodate at least 6 off - street parking spaces, the board concludes that the specific proposed exception will not be detrimental or endanger the public health, safety comfort, or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; and will not substantially diminish or impair property values in the neighborhood. For these same reasons the board concludes that the establishment of the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which the property is located and that it is consistent with the Comprehensive Plan. Disposition: By a vote of 3 -0 the Board approves EXC08- 00010, an application topduce lt)e required front principal building setback from 20 feet to 0 feet for property Iocated;atr300 Kimball Road with the condition that the setback reduction is for the purpose of :3 accommodating required parking only. c> N --; C-) 3. EXC08- 00011: a public hearing regarding an application submitted by Bethel ANferurcli for a special exception to allow for the expansion of a church facility, a special �xceptiQA to waive or modify the site development and dimensional standards related to setbacks that would prevent use or occupancy of a property listed on the National Register of Historic Place and a special exception to allow a reduction in parking for property located in the RNS -12 zone at 411 and 425 South Governor Street. Findings of Fact: The Board finds that the subject property is listed on the National Register of Historic places and is located in a Historic Conservation District. The Board finds that because of its National Register status the church is eligible for a historic preservation Pb exception, which allows the board to waive or modify any dimensional or site development standard servesto protect and preserve significant historic properties as well as the use or occupancy of the property. The board finds that the existing church structure, which measures 20 by 30 feet, has not been enlarged or substantially altered since is construction in the 1860s. The Board finds that the church has proposed to construct an addition to the historic building that will expand its occupancy from 40 to 150 persons. The board finds that the proposed design for the addition has received a certificate of appropriateness from the Historic Preservation Commission, which considered the height, orientation on the site and relation to the existing structure, materials, etc., as part of its evaluation criteria. The board finds that the street - facing fagade of the church addition is less than 50 feet in width and that the proposed addition emphasizes the historic structure as a focal point, is constructed of materials and in a style reflecting the historic architecture of the church, and that it uses only clear story windows on the north side of the building. The board finds that the size of the subject property and the location of the church building on the property make it difficult to construct a historically appropriate addition while also meeting the setback and off - street parking requirements for the use. The board finds that the established church building is located within the required front and north side setback (5 feet). The board finds that while the proposed addition will meet the required front and south side setback requirements, it will have a setback of only 10 feet on the north side (20 is required), and 27 feet at the rear of the church (50 is required). The board finds that the proposed addition faces its main entrance to the south, where the church building is set 50 feet from the property line. The board finds that a public alley is located to the rear of the property and that the three lots located immediately to the west of the alley are deep lots, and that two of the lots do not rely on the alley for vehicle access. The board finds that vehicular access to the site is provided via South Governor Street, which exceeds the 28 -foot standard in the code. The board finds that the existing church provides no off - street parking but that an arrangement with the City allows on- street parking along the west side of South Governor Street during Sunday services. The board finds that there is capacity for up to 45 cars on the west side of South Governor with some additional capacity on the east side of the street. The board finds that the addition to the church requires 17 additional spaces, that the proposed site plan provides only 8 off - street parking spaces, and that the parking spaces will be provided to the rear of the church building along the public alley. The board finds that the church has proposed a one -way entry drive along the south side of the property with a drop -off area adjacent to the church entrance. The board finds that the church will make use of the alley to circulate cars to and from its parking area. The board finds that the alley is an unimproved, gravel alley that provides no, =j stormwater drainage. The board finds that the subject property is sloped such that krwouf' naturally drain into the alley. v7 79 The board finds that the proposed site plan shows a 10 -foot side setback and indica��s prairie grasses for screening. The board finds that S2 screening is required to buffenthe residential neighbor to the south from the noise and activity associated with the da- ViPancE =< drop off area. s D Conclusions of Law: Due to the location of the established building on a small lot and the preservation requirements for creating a historically appropriate addition, the board concludes that modifying the setback and parking requirements is necessary to preserve the historic use and occupancy of the building. The board concludes that the proposed addition mitigates the reduced side setback to the north by facing all activity to the south side, where the setback exceeds the 20 -foot requirement, and by using only clear story windows on the north side of the building, which will help to preserve a sense of privacy for the adjacent property. The board concludes that the site plan, which places the parking to the rear of the structure, as well as the design of the church addition, which has received HPC approval, meets the multi - family design standards. The board concludes that the current capacity for on- street parking along South Governor Street is sufficient to accommodate the growth of the church. The board concludes that the use of the alley to circulate vehicles to the church's parking spaces will potentially have negative impact on the alley, therefore it is appropriate for the applicant to agree to waive any protest of future assessments to improve the alley to the rear of the property. Additionally, because the property drains toward the alley, the church should take all practical steps to direct storm water drainage away from the alley. The board concludes that by directing the roof drainage toward the front of the property, where storm sewer service is available on South Governor Street, and by using pervious pavement for its drive and parking areas, the church has taken adequate steps to address the issue of drainage. The board concludes that the one -way drive will provide adequate circulation for the limited amount of parking available on the site and that adequate measures have been taken to provide ingress and egress designed to minimize traffic congestion on public streets. The board concludes that, given the intensity of activity associated with church uses, S2 landscape screening is necessary to buffer the residential property to the south from noise and glare. The board concludes that by mitigating the setback reduction to the north as described above, and by addressing the drainage issues associated with the site, the proposed exception will not be detrimental to or endanger the public health, safety, comfort or general welfare and adequate drainage will be provided. For the reasons stated herein, the board concludes that the specific proposed exception will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. For the reasons stated herein, and because the special exception allows the preservation and continued use of a significant historic structure within a historic neighborhood, the board concludes that the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone and that it is consistent with the Comprehensive Plan. Deposition: By a vote of 4 -0 the board approves EXC08- 00011, an application for a special exception to allow expansion of a religious /private group assembly use in the RNS -12 zone and to allow a special exception to waive or modify the dimensional or site development standards related to setbacks that would prevent use or occupancy of a property:jFtpd OR- the National Register of Historic Places and a special exception to reduce the minirrjum',:-�) `s 7 parking requirements for property at 411 and 425 South Governor Street, subject$o u - 1. Staff approval of a system for draining as much of the roof as is practically _possible away from the alley and toward Governor Street where storm sewer services? y available.' 2. Investigation by Johnson County Soil and Water Conservation District for potentialain garden in the open space area between the church and the driveway. 3. The driveway should be designed to maximize drainage toward Governor Street. 4. Paving in the drop -off area shall be reduced to a maximum width of 12 feet. 5. Submission of a final landscape plan for the 10 -foot buffer area to the south of the church drive showing a combination of evergreen trees and shrubs and grasses to provide a year -round S2 screening. Final design to be approved by staff. 6. The applicant must sign an agreement to waive any protest for future assessments to improve the alley to the rear of the property. 7. Restoration of the exterior of the original church structure. 8. Substantial compliance with the site plan submitted. o Eli � ti O TIME LIMITATIONS: vi All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, Iowa. Appr ved -Py: Ned Wood, Chairperson > City Att9 ney' Of i e STATE OF IOWA ) JOHNSON COUNTY ) I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 11th day of June, 2008, as the same appears of record in my Office. Dated at Iowa City, this 47 CNV day of Aee , 20 (98' Marian K. Karr, City Clerk ,�J Vee I�III II IIIIII II� VIII I�I II VIII VIII VIII VIII VIII VIII VIII II�II VIII (III IIII Doc ID: 021270880002 TVDe. GEN Recorded: $12/ 00 /2008 Pace tt Of Johnson PM Johnson Countv Iona Kim Painter Countv Recorder BK4346 PD662 -663 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a hue and correct copy of Resolution No.08 -252 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26 °i day of August, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 28th day of August, 2008. Marian K. Karr City Clerk \I-es M110 'P , l i Prepared by: Sara F. Greenwood Hektoen, Asst. City Attorney, 410 E. Washington, Iowa City, Iowa 52240, 319 - 356 -5030. RESOLUTION NO. 08 -252 RESOLUTION RELEASING THE OBLIGATION TO INSTALL A SIDEWALK ACROSS OUTLOT D, LINDEMANN SUBDIVISION, PART THREE, IOWA CITY, IOWA WHEREAS, the Subdivider's Agreement for Lindemann Subdivision, Part Three, recorded at the Johnson County Recorder's office at Book 3690, Page 475, contains a provision that requires the subdivider and owner to install a five (5) foot wide, 4 -inch thick Portland cement concrete walkway across Outlot 'D "; and WHEREAS, upon examination of the topography of Outlot D and the abutting property, which was developed in a separate subdivision, the Public Works department has determined that such a sidewalk is not desirable or necessary due to the presence of a drainageway on the abutting property; and WHEREAS, the developer has requested that it be released from the obligation to install said sidewalk; and WHEREAS, the developer has rough graded the outlot and intends to fine grade and seed the outlot in the near future; and WHEREAS, Staff supports the release of this obligation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The developer and owner of Outlot D, Lindemann Subdivision, Part Three is hereby released from the obligation contained in Section 1(c) of the Subdivider's Agreement to install the 4' sidewalk across Outlot D. 2. This partial release shall not be construed as a release of the developer and owner's obligations to comply with the remaining provisions of said agreement. Furthermore, this partial release shall not be construed as altering, amending or modifying the Subdivider's Agreement, except as provided in this release. 3. The City Clerk is authorized and directed to certify this resolution for recording at the expense of the developer and owner. Approved this26th day of August 2008. 19 \ ii ATV T: /y g? u „ fig/ Approved by 2� City Clerk CORPORATE G City Attorney's Office It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey X Champion X Correia X Hayek X O'Donnell X Wilburn X Wright 3-�(IJ ee I IIIIIII IIIIII III IIIII IIIII (IIII IIIII IIIII IIIII IIII) IIIII IIIII IIIII IIIIIIIII (III Doc ID: 021270850007 TVDe: GEN Recorded: 09/04/2008 at 12:35:16 PM Fee Amt: $37.00 Peas 1 of 7 Johnson Countv Iowa Kim Painter Countv Recorder BK4346 Po655 -661 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -267 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 26`x' day of August, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 28th day of August, 2008. Marian`K. Karr City Clerk Ves �5 Prepared by: Susan Dulek, Asst. City Attorney, E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 08 -26 RESOLUTION AUTHORIZING AMENDING THE REAL ESTATE CONTRACT EXECUTED ON NOVEMBER 21, 1995 WITH HAWKEYE AREA COMMUNITY ACTION PROGRAM (HACAP) FOR THE SALE OF 1926 AND 1946 BROADWAY, ALSO DESCRIBED AS LOT 2 OF BLOCK 2, BRAVERMEN CENTER, IOWA CITY, IOWA. WHEREAS, in Resolution No. 95 -935, the City conveyed, pursuant to a long term real estate installment contract (Contract), 1926 Broadway Street and 1946 Broadway Street to Hawkeye Community Action Program (HACAP) for the purpose of establishing 18 transitional housing units; WHEREAS, the Contract provided for a balloon payment on February 1, 2006, and in Resolution No. 03 -284, the City approved an amendment to the Contract that extended the balloon payment to September 1, 2008; WHEREAS, HACAP has requested a second amendment to the Contract to extend the balloon payment by an additional year to September 1, 2009; and WHEREAS, it is in the public interest to help HACAP maintain its supportive services to homeless families in Iowa City by lowering its monthly loan payment to the Housing Authority. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor and the City Clerk are authorized to execute the Second Amendment to Real Estate Contract, a copy of which is attached, that amends the real estate installment sale contract for 1926 and 1946 Broadway to extent the balloon payment to September 1, 2009. 2. The City Attorney is hereby authorized to take all necessary action to complete said transaction, as required by law. The amendment to the real estate installment contract and other documentation required by law shall be recorded by the City Clerk in the Johnson County Recorder's Office at HACAP's expense. Passed and approved this 26th day of August , 20Qa_. ATTEST CORPORATE SEAL y� ,1s Resolution No. 08 -267 Page 2 It was moved by O'Donnell and seconded by champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia _ x Hayek x O'Donnell x Wilburn x Wright voata /glossary/resolution- ic.doc 9� RECEIVED AU618 2006 SECOND AMENDMENT TO REAL ESTATE CONTRACT This is an amendment to the Real Estate Contract - Installments Agreement between the City of Iowa City ( "City "), a municipal corporation, and Hawkeye Area Community Action Program ( "HACAP ") entered into on November 21, 1995 ( "Contract "). WHEREAS, the Contract provides that the City sells to HACAP real estate legally described as: Lot 2 of part of Block 2, Braverman Center, Iowa City, Iowa, according to the plat thereof recorded in Plat Book 7, page 20, Plat Records of Johnson County Iowa, and locally addressed as 1926 Broadway Street, Iowa City, Iowa and 1946 Broadway Street, Iowa City, Iowa; WHEREAS, the parties executed the Amendment to Real Estate Contract on September 18, 2003; WHEREAS, the Contract, as amended, has a balloon payment that is due September 1, 2008; and WHEREAS, the parties wish to amend the contract a second time to extend the date of the balloon payment by one year. IT IS THEREFORE AGREED that: Exhibit A of the Contract, which is the Schedule of Payments, is deleted in its entirety and a new Schedule A, which is attached to this amendment and incorporated herein, is substituted in lieu thereof: HACAP shall pay all costs to record this amendment and any other documentation required by law to be recorded at the Johnson County Recorder's Office. All other provisions of the Contract, as amended, remain in full force an effect M CITY OF IOWA CITY, IOWA HAWKEYE AREA COMMUNITY ACTION PROGjRRAJM� By ecutive Director v 1 ATTEST: �GIGY1«[.u� �. �a�/ ATTEST: - Maria`n K. Karr oard Fresidont City Clerk CORPORATE SEAL RECEIVED AUG 18 1006 ACKNOWLEDGMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this Ih day of A"6usr 1 2008, before me, So,soaaF F„2T— a Notary Public in and for said State, personally appeared Regenia D. Bailey 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 hereto is the seal of said municipal corporation, and that the said Regenia D. Bailey and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. WOW SONDRAE FORT Commission Number 159791 My Commission Explres 17_ _ STATE OF IOWA ) ) SS: n n N COUNTY ) Sord� F;A Notary Public in and for Johnson County, Iowa On this 4 /st day of k6ax f- , 2008, befor me, the undersigned, a Notary Public in and for the State 9f Iowa, personally appeared TAne- hr ti/La a FG and 22mmis tome personally known, who being by me duly sworn, did say they are the Executive Director and Board President, respectively, of the corporation executing the foregoing instrument; that no seal has been procured by the corporation; that the instrument was signed on behalf of the corporation by authority of its Board of Dir ctorS r_�n What %Ant. [)Ca Pa a s(i _ and M ja, acknowledged the execution of the instrument to be the vol ntary ad and deed of the corporation and of the fiduciary, by it, by them and as fiduciary voluntarily executed. >J Notar Pu tc in and for the State of Iowa Approved By: City Attorney's Office N0TAI,'%U/,/9, SEAL A� RECEIVE) AU61 8 2008 Tarp amortizationl LOAN DATA M ^ , TABLE DATA Table starts at dale Loan amount � 4 Cumulative No. Date Balance Annual interest rate_" Principal or al payment number: Interest Term in years: 40 Loan Amount $471,428.00 Payments per year: 12 Total Interest $465,600.02 First payment due. MINOR R Total Paid $937,028.02 PERIODIC PAYMENT 4,320.18 3 _ Entered payment W III.- The table uses the calculated periodic payment amount, Calculated payment unless you enter a value for "Entered payment." , h 149= 4 CALCULATIONS 470,611.95 Use payment of $2,431.49 Beginning balance at payment 1: a 0' 1st payment in table t1 Cumulative Interest prior to payment 1: I .20 0 -? Table Page 1 1f 1 Payment Beginning Ending Cumulative No. Date Balance Interest Principal Balance Interest 1 10/1/2003 471,428.00 2,160.71 270.77 471,157.23 2,160.71 2 11/1/2003 471,157.23 2,159.47 272.01 470,885.21 4,320.18 3 121112003 470,885.21 2,158.22 273.26 470,611.95 6,478.41 4 1/1/2004 470,611.95 2,156.97 274.51 470,337.44 8,635.38 5 211/2004 470,337.44 2,155.71 275.77 470,061.66 10,791.09 6 311/2004 470,061.66 2,154.45 277.04 469,784.63 12,945.54 7 4/112004 469,784.63 2,153.18 278.31 469,506.32 15,098.72 8 5/1/2004 469,506.32 2,151.90 279.58 469,226.74 17,250.62 9 611/2004 469,226.74 2,150.62 280.86 468,945.88 19,401.25 10 7/1/2004 468,945.88 2,149.34 282.15 468,663.73 21,550.58 11 8/112004 468,663.73 2,148.04 283.44 468,380.28 23,698.62 12 911/2004 468,380.28 2,146.74 284.74 468,095.54 25,845.37 13 1011/2004 468,095.54 2,145.44 286.05 467,809.49 27,990.80 14 11/1/2004 467,809.49 2,144.13 287.36 467,522.13 30,134.93 15 12/1/2004 467,522.13 2,142.81 288.68 467,233.46 32,277.74 16 1/1/2005 467,233.46 2,141.49 290.00 466,943.46 34,419.23 17 2/1/2005 466,943.46 2,140.16 291.33 466,652.13 36,559.39 18 3/112005 466,652.13 2,138.82 292.66 466,359.47 38,698.21 19 411/2005 466,359.47 2,137.48 294.00 466,065.46 40,835.69 20 5/1/2005 466,065.46 2,136.13 295.35 465,770.11 42,971.82 21 6/1/2005 465,770.11 2,134.78 29611 465,473.41 45,106.60 22 711/2005 465,473.41 2,133.42 298.07 465,175.34 47,240.02 23 8/1/2005 465,175.34 2,132.05 299.43 464,875.91 49,372.07 24 9/1/2005 464,875.91 2,130.68 300.80 464,575.10 51,502.76 Page 1 1f 1 111EIVED AI16 2 8 21!0>; Tarp amortization ,A6 Payment Beginning Ending Cumulative No. Date Balance Interest Principal Balance Interest 25 10/1/2005 464,575.10 2,129.30 302.18 464,272,92 53,632.06 26 11/1/2005 464,272.92 2,127.92 303.57 463,969.35 55,759.98 27 12/1/2005 463,969.35 2,126.53 304.96 463,664.39 57,886.50 28 1/1/2006 463,664.39 2,125.13 306.36 463,358.04 60,011.63 29 2/1/2006 463,358.04 2,123.72 307.76 463,050.28 62,135.36 30 3/1/2006 1 463,050.28 2,122.31 309.17 462,741.10 64,257.67 31 4/1/2006 462,741.10 2,120.90 310.59 462,430.51 66,378.57 32 5/1/2006 462,430.51 2,119.47 312.01 462,118.50 68,498.04 33 6/1/2006 462,118.50 2,118.04 313.44 461,805.06 70,616.08 34 7/1/2006 461,805.06 2,116.61 314.88 461,490.18 72,732.69 35 8/1/2006 461,490,18 2,115.16 316.32 461,173.86 74,847.85 36 9/1/2006 461;173.86 2,113.71 317.77 460,856.09 76,961.57 37 10/1/2006 460,856.09 2,112.26 319.23 460,536.86 79,073.82 38 11/112006 460,536,86 2,110.79 320,69 460,216.17 81,184.62 39 12/1/2006 460,216.17 2,109.32 322.16 459,894.01 83,293.94 40 1!1/2007 459,894.01 2,107.85 323.64 459,570.37 85,401.79 41 2/1/2007 459,570.37 2,106.36 325.12 459,245.25 87,508.15 42 3/1/2007 459,24525 2,104.87 326.61 458,918.63 89,613.03 43 4/1/2007 458,918.63 2,103.38 328.11 458,590.53 91,716,40 44 5/1/2007 458,590.53 2,101.87 329.61 458,260.91 93,818.28 45 6/1/2007 458,260.91 2,100.36 331.12 457,929.79 95,918.64 46 7/112007 457,929.79 2,098.84 332.64 457,597.15 98,017.48 47 8/1/2007 457,597.15 2,097,32 334.17 457,262,98 100,114.80 48 9/1/2007 457,262.98 2,095.79 335.70 456,927.29 102,210.59 49 10/1/2007 456,927.29 2,094.25 337.24 456,590.05 104,304.84 50 1111/2007 456,590.05 2,092.70 338.78 456,251.27 106,397.55 51 12/1/2007 456,251.27 2,091.15 340.33 455,910.94 108,488.70 52 1/1/2008 455,910.94 2,089.59 341.89 455,569.04 110,578.29 53 2/1/2008 455,569.04 2,088.02 343.46 455,225.58 112,666.32 54 311/2008 455,225.58 2,086A5 345.03 454,880.55 114,752.77 55 4/112008 454,880.55 2,084.87 346.62 454,533.93 116,837.64 56 5/1/2008 454,533.93 2,083.28 348.21 454,185.73 118,920.92 57 6/1/2008 454,185.73 2,081.68 349.80 453,835.93 121,002,60 58 7/1/2008 453,835.93 2,080.08 351.40 453,484.52 123,082.68 59 8/1/2008 453,484.52 2,078.47 353.01 453,131.51 125,161.15 60 9/1/2008 453,131.51 2,076.85 354,63 452,776.87 127,238.01 61 10/1/2008 452,776.87 2,075.23 356.26 452,420.62 129,313.23 62 11/1/2008 452,420.62 2,073.59 357.89 452,062.72 131,386,83 63 12/1/2008 452,062.72 2,071.95 359.53 451,703.19 133,458.78 64 1/1/2009 451,703.19 2,070.31 361.18 451,342,01 135,529.09 65 2/1/2009 451,342.01 2,068.65 362.83 450,979.18 137,597.74 66 3/1/2009 450,979.18 2,066.99 364.50 450,614,68 139,664.73 67 4/1/2009 450,614.68 2,065.32 366,17 450,248.51 141,730.04 68 5/1/2009 450,248.51 2,063.64 367.85 449,880.67 143,793.68 69 6/1/2009 449,880.67 2,061.95 369.53 449,511.13 145,855.64 70 7/1/2009 449,511,13 2,060.26 371.23 449,139.91 147,915.90 71 8/1/2009 449,139.91 2,058.56 372.93 448,766,98 149,974.45 72 9/1/2009 448,766.98 2,056.85 374.64 448,392.34 152,031.30 ,A6 Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 319/356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, July 9, 2008 EMMA J. HARVAT HALL Doc ID: 021276300005 Tvoe: GEN Recorded: 09/11/2008 at 10:23:32 AM Fee Amt: $27.00 Paqe 1 of 5 Johnson county Iowa Kim Painter Countv Recorder BK4348 PG643.647 MEMBERS PRESENT: Karen Leigh, Carol Alexander, Michelle Payne, Ned Wood, and Caroline Sheerin MEMBERS ABSENT: Edgar Thornton. - Uri —ro €73 STAFF PRESENT: Sarah Holocek, Karen Howard, Sara Greenwood Hektoen - rn OTHERS PRESENT: Robin Chambers, Mark McCallum, Bu Wilson, Esther Baker,lvljohelij3? Campo, Hillary Sale T SPECIAL EXCEPTION ITEMS: 1. EXC08 -00012 A public hearing regarding an application submitted by Richard and Robin Chambers for a special exception to reduce the required front principal building setback from approximately 21 feet to approximately 14 feet for property located in the RS -5 zone at 907 Fifth Avenue. Findings of Fact: The board finds that the subject property is located in the RS -5 zone. The board finds that the subject lot was formerly part of a larger lot that was divided in half, resulting in a square lot (75 x 80 feet) that is smaller than surrounding lots. The board finds that at 75 feet, Fifth Avenue is a wide right -of -way. The board finds that the subject property is located in a neighborhood with many older homes that feature front porches. The board finds that the applicant has proposed to construct a roof over an existing front deck, and, while uncovered decks are allowed to extend into the setback, covered porches must comply with the front principal building setback requirement. The board finds that there are just three houses established along the subject frontage, and that setback averaging determines the required front principal setback to be 20 feet -15 feet is the standard requirement in the zone. The board finds that all utilities, access roads, drainage and other necessary facilities are already being provided; and that all other aspects of the proposal will be reviewed by the building department for compliance with the code. Conclusions of Law: The board concludes that the situation is peculiar and that there is practical difficulty in complying with the setback standards due to the shape and size of the lot (its shallow depth) and the relative lack of sufficient private open space in the back yard. The board concludes that because the proposed addition is an open air porch, rather than an enclosed addition, and because the requested reduction is along a wide right -of -way, that the proposed reduction will maintain space for light, air, and separation for fire protection and fire fighting. For the reasons sited above and because the setback reduction will not encroach on the two adjacent properties, the board concludes that the setback reduction will not reduce opportunity for privacy between dwellings, will reflect the general building scale and placement of structures in the neighborhood, and will promote a reasonable physical relationship between buildings and residences. Because the neighborhood is already fully RU developed, and because the setback reduction will not encroach upon the side or rear setbacks, the board concludes the reduction does not diminish the flexibility to site a building so it is compatible with buildings in the vicinity. For the reasons given above, the board finds that the proposed special exception will not be detrimental to or endanger the health, safety, comfort or general welfare; and will not be injurious to the use and enjoyment of other property in the immediate vicinity; and will not substantially diminish or impair property values in the neighborhood. For these same reasons, the board concludes that the proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district in which the property is located. The board concludes that because of the extra wide right -of -way and the extent of the setback reduction, that the special exception will have no impact on ingress or egress. The board concludes that the front porch will make the house more attractive and more in keeping with the neighborhood in which it is located. Disposition: By a vote of 4 -0 the Board approves the special exception to reduce the required front principal building setback from approximately 21 feet to approximately 14 feet for property located in the RS -5 zone at 907 Fifth Avenue, subject to the porch being constructed and maintained as an open -air porch. 2. EXC08 -00013 —A public hearing regarding an application submitted by Mark McCallum for a special exception to allow a change of use under the non - conforming use regulations in order to convert a non - conforming rooming house to a 13 -unit apartment building for property located in the RNS -12 zone at 932 East College Street. Findings of Fact: The Board finds that the subject property is a non - conforming rooming house with a maximum occupancy of 13 roomers. The board finds that the building was originally constructed as a sorority /rooming house and that neither use is permitted in the Neighborhood Stabilization (RNS -12) zone, in which the property is located. The board finds that the RNS -12 zone acknowledges the mix of residential uses in the neighborhood, but is intended to preserve the predominately single - family residential character of the neighborhood. The board finds that the subject neighborhood is also a Conservon Disf�t+ct, the intent of which is to encourage the retention, rehabilitation and appropriate matnxenq Ace of existing buildings, particularly those that contribute to the historical, architecturaG:and ; 71 aesthetic qualities of the neighborhood. The board finds that the subject structur 1's a i — historic structure. ? ° y =off rn The board finds that the structure has approximately 8,700 square feet of floor a&s . andihe applicant is proposing no expansion to the existing building. The board finds thartR; applicant has proposed to convert the property to a 13 -unit apartment building, a�'use thEis not permitted in the RNS -12 zone, and that the proposed maximum occupancy for each dwelling unit would be one person. The board finds that the applicant has proposed to convert common areas within the building to private dwelling space, and that large common areas associated with rooming houses may sometimes invite over - occupancy or large parties and gatherings that can disrupt the neighborhood. The board finds that the subject property has some history of over - occupancy. The board finds that the required parking for a 13 -room rooming house is 10 spaces, while the required parking for an apartment building with 13 one - bedroom dwelling units is 13 spaces. The board finds that the off - street parking requirement for apartments does not contemplate the restriction on occupancy proposed by the applicant. The board finds that N� there are two parking spaces provided on the site. The board finds that the rooming house use was grandfathered in over time and that the zoning code permits the use to continue with a credit (ghost parking) for the 8 spaces that cannot be provided on site. Conclusions of Law: The board concludes that the proposed use will be located in a structure that was designed as a sorority or rooming house, uses which are not allowed in the RNS -12 zone. The board concludes that the proposed conversion to a 13 -unit apartment building will be of equal or lesser impact than the current rooming house with a maximum occupancy of 13 roomers for the following reasons: 1. The proposal is to limit the occupancy of the building to the same number of persons as permitted under the current non - conforming use, 13 residents. 2. By reducing the large common areas and combining additional bedrooms and space into single apartment units, the change in use will discourage over - occupancy and will reduce opportunities for nuisance activities, such as excessive noise and overflowing garbage resulting from house parties or other large communal gatherings that are often associated with rooming houses that feature large common areas. 3. Since the proposed use will not increase the occupancy beyond what is currently allowed it seems unlikely that the new use will increase parking congestion in the neighborhood. Because the building has more than 8,700 square feet of floor area, the board con6tUdes_q that it is suitable for the proposed use, and that by establishing a maximum occupancy of 13, the proposed conversion will not increase the intensity of use. Because the aVplicant� has proposed no enlargement of the building, the board concludes that the proposed tai conversion will not enlarge the non - conforming use. —!;� O j. .c The board concludes that the specific proposed exception will not be detrimentaDD or endanger the public health, safety, comfort or general welfare because the new use is n6P expected to generate additional traffic beyond the demand associated with the current use. Because the proposed conversion will incorporate most of the existing common areas into separate, private apartments, the board concludes the conversion will reduce the likelihood of nuisance activities that are sometimes associated with rental properties featuring large amounts of shared space — parties, excessive noise, overflowing garbage, etc. —and thus will not be injurious to the use and enjoyment of other property in the immediate vicinity and will not substantially diminish or impair property values in the neighborhood. For all the reasons stated above, the board concludes that the establishment of the specific proposed exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone in which such property is located. The board concludes that because no additional parking is proposed, there is no change to ingress or egress and that, because the neighborhood is fully developed and because there is no expansion proposed for the structure itself, that all utilities, access roads, drainage and /or necessary facilities have been provided. Because the applicant is proposing a 13 -unit apartment building with a maximum occupancy of 1 resident per unit, the board concludes that the proposed conversion is unlikely to generate any additional traffic beyond what would be expected of the 13- resident rooming house. For this same reason, and because the parking requirements for apartments do not contemplate the proposed limit on occupancy, the board concludes that the applicant should not be required to provide additional parking. For this reason, and because there are no changes proposed for the exterior of the building and no increase in its permitted occupancy, the board concludes that except for the specific regulations and standards applicable to the exception being considered, the specific proposed exception, in all other respects, conforms to the applicable regulations or standards of the zone on which it is to be located. The board concludes that the proposed exception is consistent with the Comprehensive Plan, which encourages the adaptive re -use and preservation of historic structures so long as the use is compatible with the surrounding neighborhood. Disposition: By a vote of 3 -0 (Wood recused) the Board approves a special exception to allow conversion of a non - conforming Independent Group Living Use to a non - conforming Multi - Family Use located at 932 East College Street, subject to the following conditions: t. The converted use, specifically a Multi - Family Use, may not exceed a maximum total occupancy of 13 residents and said occupancy limit will be recorded on the rental permit for 932 East College Street. 2. The converted use shall consist of 13 single- occupant multi - family dwelling units. 3. In order to establish the conversion, the applicant must apply for a rental permit. 4. Upon the applicant applying for a building permit to establish the conversion, variance VAR97 -00004 shall be extinguished and no rights shall continue to exist thereunder. 5. Additionally, upon steps being taken to establish the conversion, any right to re- establish a rooming house on the property shall be extinguished. The conversion shall be completed within three years of application for the building permit. 6. The special exception is also contingent upon: A. All parking of motorized or non - motorized vehicles must be located to the rear -a (north) side of the building. :< :a B. A fence must be erected in the front (south) side of the building, to ensur�haat it i_ not used for parking. y 1a cc C. The cement pad in the front (south) of the building will be eliminated. D. All common space, with the exception of the front entryway, front parlor, laundry facilities and hallways, will be eliminated. TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, Iowa. Approved by: Michelle Payne, ChaiOperson D1 City Attorney's Office Y/12 ole STATE OF IOWA JOHNSON COUNTY I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 9th day of July, 2008, as the same appears of record in my Office. Dated at Iowa City, this day of 2009 CORPOD /� RATE SEAL Maria . Karr, City Clerk a ty 8 O �M 3 ;n r D Co a l.� LO R 0 d d vj Doc ID: 021287650017 Tvice: GEN Recorded: 09/26/2008 at 12:52:22 PM Fee Amt: $97,00 Peas 1 of 17 Johnson Countv Iowa Kim Painter County Recorder BK4353 PG1 -17 STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 08 -4316 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 23d day of September, 2008, is a true and correct copy, all as the same appears of record in my office Dated at Iowa City, Iowa, this 24th day of September, 2008. Marian-*. Karr City Clerk \ord Prepared by: Robert Miklo, Senior Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5240 ORDINANCE NO. 08 -4316 AN ORDINANCE AMENDING THE CONDITIONAL ZONING AGREEMENT TO MODIFY THE CONCEPT SITE PLAN FOR APPROXIMATELY 25.16- ACRES OF PROPERTY IN THE COMMUNITY COMMERCIAL (CC -2) ZONE FOR WESTPORT PLAZA INCLUDING WAL -MART AT 855,911 & 1001 HIGHWAY 1 WEST. (REZ08- 00006) WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, 1 -1, to Commercial, CC -2, approximately 28.084 acres of land known as Westport Plaza located South of Highway 1 West; and WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Conditional Zoning Agreement which established certain conditions and restrictions on the said 28.084 acres and incorporated a Concept Site Plan to which the developer was to have substantially complied; and WHEREAS, said land is considered to be a major entranceway to the City; and WHEREAS, Wal -Mart owns or is under contract to purchase approximately 25.16 acres of the 28.084 acres and now desires to redevelop the 25.16 acres in a manner that is inconsistent with the 1989 Conditional Zoning Agreement and incorporated Concept Site Plan; and WHEREAS, Wal -Mart has requested the 1989 Conditional Zoning Agreement be amended to allow for greater flexibility in the redevelopment of this site, including the use of a new Concept Site Plan. Landscaping Plan and building design; and WHEREAS, the City has a policy of preserving and enhancing the entranceways to Iowa City; and WHEREAS, the Planning and Zoning Commission has recommended approval of rezoning this land to permit the parties to enter into the attached Conditional Zoning Agreement, which contains a new Concept Site Plan and Landscaping plan, as well as reasonable conditions to ensure that the property develops in a manner consistent with the Comprehensive Plan and satisfies public needs caused by the requested change; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa.City may impose reasonable conditions on granting an applicanfs rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the owners of said 25.16 acres agree that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. WHEREAS, the Iowa City City Council concurs with the recommendations of the Planning and Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. The Conditional Zoning Agreement, attached and incorporated herein, is hereby approved for the property described below: Wal -Mart Parcel: Lot 1 Of Final Plat Westport Plaza, Iowa City, Iowa, In Section 16, Township 79 North, Range 6, West Of The Fifth Principal Meridian, In Johnson County, As Per Plat Of Subdivision Filed In Book 32, Page 289. Staples Parcel: Lot 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, In Johnson County, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa. SuoerValu Parcel Lot 1 Of A Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa; Excepting Therefrom; Commencing At The Southeast Corner Of The Westport Plaza, Iowa City, Johnson County, Iowa, In Accordance With The Plat Recorded In Plat Book 32 At Page 289, Of ��1 Ordinance No. 08 -4316 Page 2 The Records Of The Johnson County Recorder's Office; Thence North 00 Degrees, 51 Minutes 23 Seconds East, Along The East Line Of Said Westport Plaza, 854.05 Feet To The Point Of Beginning; Thence North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On The North Line Of Said Westport Plaza; Thence South 89 Degrees 08 Minutes 37 Seconds East, Along Said North Line, 60.00 Feet; Thence South 00 Degrees 51 Minutes 23 Seconds West, Along The West Line Of Said Westport Plaza, 73.20 Feet, To Said Point Of Beginning. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance and the Amendment to Conditional Zoning Agreement and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 23rd day of September -.20 08 . ZeAppd by City Attorney's Office j/,7 0'r- Pcctdata/staffreports/rez08- 0006 -ord NO 0 a� Ordinance No. 08 -4316 Page 3 It was moved by O'Donnell and seconded by Champion that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 8/26/2008 Vote for passage: AYES: Champion, Correia, NAYS: Wright. ABSENT: None. Second Consideration 9/9/2008 Vote for passage: AYES: Champion, Correia, NAYS: Wright. ABSENT: None. Date published 10/1/2008 Hayek, O'Donnell, Wilburn, Bailey. Hayek, O'Donnell, Wilburn, Bailey. Prepared by and Retum to: Sala F. Greenwood Hektoen. Asst. 1y_AttonmeY 410 E. Washington St Iowa City IA 52240,1319)331-5030 CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT (this "Agreement ") is made among the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), Wal -Mart Realty Company, an Arkansas corporation, Wal -Mart Real Estate Business Trust, a Delaware business trust and Wal- Matt Stores, Inc., a Delaware corporation (collectively, "Wal- Mart "), SUPERVALU INC., a Delaware corporation, successor to RSI- Supervalu Inc., a Delaware corporation ( "Supervalu "), and Staples The Office Superstore, East Inc., a Delaware corporation ( "Staples ") (hereinafter, collectively, Wal -Mart, Supervalu and Staples, "Owners "). WHEREAS, on June 13, 1989, the City adopted an ordinance rezoning from Industrial, I -1, to Commercial, CC -2, approximately 28.084 acres of land located South of Highway l West; and WHEREAS, on June 13, 1989, the Joseph Company and the City entered into a Conditional Zoning Agreement (the "1989 CZA ") which established certain conditions and restrictions on the owner of said 28.084 acres; and WHEREAS, the 1989 CZA was amended on September 24, 1996 (as so amended, the "1989 CZA, as amended "); and WHEREAS, the 1989 CZA, as amended, is a covenant running with the land and inures to the benefit of all successors and assigns of the property burdened thereby; and WHEREAS, Wal -Mart owns approximately 13.75 acres (the "Wal -Mart Parcel ") and has the right to purchase approximately l 1.41 acres of the original 28.084 acres of the property burdened by the 1989 CZA, as amended, and now desires to redevelop said 25.16 acres (the "Property "), which is considered to be major entrance to Iowa City; and WHEREAS, the City has a policy to preserve and enhance the entranceways to Iowa City; and WHEREAS, Wal -Mart has submitted a Concept Site Plan to the City that materially varies from the terms set forth in the 1989 CZA, as amended, and has thus requested the 1989 CZA, as amended, be modified by replacing it with this Agreement with respect to the Property; and WHEREAS, the Planning and Zoning Commission has recommended approval of such modification subject to conditions related to ensuring that the Property is developed in a manner consistent with the City's Comprehensive Plan as it exists as of the date of this Agreement and compatible with the adjacent neighborhood, paying particular attention to the aesthetics and landscaping of this site which serves as a major entranceway to the City; WHEREAS, Iowa Code Section 414.5 (2007) provides that the City may impose reasonable conditions when land is rezoned over and above existing regulations in order to satisfy the public needs directly caused by the requested change; and 4323-4435-9938.8 �'� WHEREAS, Owners acknowledge that certain conditions and restrictions are reasonable to ensure that the Property is developed in a manner consistent with the Comprehensive Plan and is compatible with the adjacent neighborhood; WHEREAS, Owners agree to use the Property in accordance with the terms and conditions of this Agreement; THEREFORE, it is agreed as follows: 1. This Agreement hereby replaces and supersedes the 1989 CZA, as amended, with respect to the land legally described in Paragraph 2 herein. 2. Owners are the title holder of the land legally described as follows: Wal -Mart Parcel: Lot 1 Of Final Plat Westport Plaza, Iowa City, Iowa, In Section 16, Township 79 North, Range 6, West Of The Fifth Principal Meridian, In Johnson County, As Per Plat Of Subdivision Filed In Book 32, Page 289. Staples Parcel: Lot 2 Of a Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, In Johnson County, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa. SuperValu Parcel: Lot 1 Of A Resubdivision Of Lot 2, Westport Plaza, Iowa City, Iowa, According To The Plat Of The Resubdivision Recorded In Book 37, Page 264, Plat Records Of Johnson County, Iowa; Excepting Therefrom; Commencing At The Southeast Corner Of The Westport Plaza, Iowa City, Johnson County, Iowa, In Accordance With The Plat Recorded In Plat Book 32 At Page 289, Of The Records Of The Johnson County Recorder's Office; Thence North 00 Degrees, 51 Minutes 23 Seconds East, Along The East Line Of Said Westport Plaza, 854.05 Feet To The Point Of Beginning; Thence North 38 Degrees 29 Minutes 03 Seconds West, 94.65 Feet, To A Point On The North Line Of Said Westport Plaza; Thence South 89 Degrees 08 Minutes 37 Seconds East, Along Said North Line, 60.00 Feet; Thence South 00 Degrees 51 Minutes 23 Seconds West, Along The West Line Of Said Westport Plaza, 73.20 Feet, To Said Point Of Beginning. 3. The parties acknowledge that the City has a policy, as stated in the Comprehensive Plan, to preserve and enhance the entranceways to Iowa City and to take special care with regard to the site design of commercial establishments, including landscaping to soften the impact of the structures and lessen the effect of large parking lots. Owners agree and acknowledge this policy is reasonable, proper and appropriate under the circumstances; 4823 - 4435- 9938.8 4. The parties agree that Highway 1 West is a major entranceway to Iowa City from the southwest. Wal -Mart acknowledges the City's policy concerning entranceways governs this rezoning request, therefore Wal -Mart agrees to provide certain amenities over and above City regulations in order to lessen the impact on the surrounding area and enhance the development of the entranceway to the City, said amenities are more particularly described below; 5. The development will substantially confortn to the Concept Site Plan (including the building elevations) (the "Concept Site Plan ") and Landscaping Plan dated July 3, 2008, attached and by this reference incorporated herein (collectively, the "Plans "), particularly with regard to the building location and orientation, the square footage of greenspace, the storefront landscaping, fagade design, and the configuration of parking spaces. In addition to the site development standards set forth in the Iowa City Code of Ordinances, Wal -Mart agrees and acknowledges that: a. The three internal landscaped median aisles running the length of the parking lot, but not containing a sidewalk, shall have a minimum width of nine (9) feet; b. Wal -Mart shall cooperate with the City to locate a public bus stop and /or shelter on the site and Wal -Mart shall, in its discretion, either relocate the shelter currently located on the Wal -Mart Parcel to the new location agreed -upon with the City at Wal- Mart's expense or shall acquire and install or construct a new shelter, at Wal- Mart's expense, of a quality and design at least equal to the bus shelter currently located on the Wal -Mart Parcel, and subject to terms and conditions to be agreed upon in writing by Wal -Mart and the City Manager as the representative of the City; c. Three free - standing signs shall be permitted to be located as shown on the Concept Site Plan; d. The Property may be re- developed in two phases. Phase I shall include the demolition of the existing Cub Foods and Staples buildings, construction of the new Wal -Mart store, and installation of all improvements on land not currently occupied by the existing Wal -Mart Store. Phase II shall consist of demolition of the existing Wal -Mart and installation of the final site improvements; e. Upon completion of Phase I in conformance with all applicable City requirements, the City shall issue a temporary certificate of occupancy valid for 120 days. If Phase II has not been completed upon the expiration of the temporary certificate of occupancy, said certificate may be extended if the Applicant has shown good faith efforts to begin Phase II; L Upon completion of Phase II in conformance with all applicable City requirements, the City shall issue a certificate of occupancy; g. Wal -Mart delivery traffic shall be directed to enter and exit the site from Ruppert Road. 6. The Plans attached may be modified within the general parameters of the Plans, such as structural dimensions and tree species. Any modifications departing from the Plans must and shall be subject to staff review and approval. Nothing in this Agreement shall be 4823 -4435- 9938.8 construed to require Owners to conform to the Plans in every detail, as the Plans are intended as conceptual in nature. Neither party may intentionally digress from the Plans for any arbitrary reason. 7. Owners and the City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are directly caused by the requested rezoning. 8. Owners and the City acknowledge that in the event the Property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Agreement. 9. The parties acknowledge that this Agreement shall be deemed effective upon recording, which shall occur upon adoption and publication of the Ordinance and the parties further acknowledge that this Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City. In the event Wal -Mart does not pick up and pay for the building permit for the construction of the Wal -Mart supercenter structure contemplated on the Concept Site Plan within two (2) years from the date of Council approval of the Ordinance, this Agreement and corresponding Ordinance shall automatically be released and repealed two years from the date of Council approval of the Ordinance. In the event of such release and repeal, the Property shall continue to be subject to and burdened by the 1989 CZA, as amended. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. 10. Owners acknowledge that nothing in this Agreement shall be construed to relieve them from complying with all other applicable local, state, and federal regulations. 11. The parties agree that this Agreement shall be incorporated by reference into the ordinance approving this Agreement and rezoning the Property (the "Ordinance "), and that upon adoption and publication of the Ordinance, this Agreement shall be recorded in the Johnson County Recorder's Office at Wal- Mart's expense. 12. The City acknowledges this Agreement is being entered into prior to Wal -Mart acquiring fee title to that portion of the Property currently owned by Supervalu and Staples. The City acknowledges and agrees that until such time as Wal -Mart picks up and pays for the building permit for the construction of the Wal -Mart supercenter structure contemplated on the Concept Site Plan, the Property and the buildings presently existing thereon shall be required to comply with the 1989 CZA, as amended, and not this Agreement. 13. If Wal -Mart or any Owner is delayed or hindered in or prevented from the performance of any obligation required under this Agreement by reason of failure of power, strikes, lock outs, riots, insurrection, war, military or usurped power, sabotage, unusually severe weather, fire or other casualty or other reason of a like nature beyond the reasonable control of such delayed party, the time for performance of such obligation may be 48234435- 9938.8 extended for the period of the delay. Dated this day of 4 2008. WAL -MART REALTY COMPANY, an Arsaj c rporation By Slr tats _ Regional Vice President, Design and Real Estate WAL -MART REAL ESTATE BUSINESS TRUST, a el ware statutory trust By S is Regional Vice President, Design and Real Estate WAL -MART I STORES, INC., a Delaware Regional Vice President, Design and Real Estate SUPER LU INC., a D ware corporation, successor to SI -Sup • alu Inc., a Delaware corporation By_ Name CITY 990WA CITY, IOIYA By "t, D. Bailey, Mayor By 9V • l A-U Marian-K. Karr, City Clerk Approved by: ata riil�Cfu��✓ City Attorney's Office 6 -s./vz- CORPOAT SEAL 4823 - 4435- 9938.8 �1 ry WAL -MART ACKNOWLEDGEMENTS State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 22nd day of August, 2008 by Brian Hooper, as Regional Vice President, Design and Real Estate, of Wal -Mart Realty Company, an Arkansas corporation, on behalf of the corporation. ,osp *:' €.aT•, ROBIN M. LE MEUR Benton County •q;;�;:�;= My Commission Expires "'•'K9"'`" May 1, 2013 Notary Pu lic in and for the State of Arkansas My commission expires: May 1, 2013 State of Arkansas, County of Benton ss: This instrument was acknowledged before me on the 22nd day of August, 2008 by Brian Hooper as Regional Vice President, Design and Real Estate of Wal -Mart Real Estate Business Trust, a Delaware statutory trust, on behalf of the trust. State of Arkansas, County of Benton ss: Q, 't I I (�_- Notary Public in and for the State of Arkansas My commission expires: May 1, 2013 This instrument was acknowledged before me on the 22nd day of August, 2008 by Brian Hooper as Regional Vice President, Design and Real Estate of Wal -Mart Stores, Inc., a Delaware corporation, on behalf of the corporation. ;.ga�f;p,••,, _ LE MEUR E- .ROBINen Benton County dy Commission Expires Ma i, 2013 State of Arkansas, County of Benton ss: Q, 't I I (�_- Notary Public in and for the State of Arkansas My commission expires: May 1, 2013 This instrument was acknowledged before me on the 22nd day of August, 2008 by Brian Hooper as Regional Vice President, Design and Real Estate of Wal -Mart Stores, Inc., a Delaware corporation, on behalf of the corporation. ;.ga�f;p,••,, _ ROBIN M. LE MEUR Benton County My Commission Expires May 1, 2013 Notary Public in and for the State of Arkansas My commission expires: May 1, 2013 4823-4435- 9938.8 !7j WAI\- an Arl By_ Name Title extended for the period of the this day of T REALTY COMP corporation WAL -MART TRUST, a De By Name Title W game Title _, 2008. CITY OF 1 By Regenia D. ESTATE BUSINESS .utory trust STORES, INC., X Delaware A CITY, IOW By Marian K. arr, City C Approv by: Cit Attornev's Office SUPERVALU INC., a Delaware corporation, successor to RSI- Supervalu Inc., a Delaware corporation qy (� By &,,N, Q 1 44 J Name RDNnu) T AENDiE5 luc-r Title VICe YREJI)ENT 4823 - 4435- 9938.8 1 OTHER State of , Comity of This instrument was ackne 2008 by , as corporation, on behalf of the cow ss: me on the _ day of , of Staples, Inc., a Delaware Notary Public in arllfor the State of My commission expires: State of ! D /�- f'H0 , County of / D fi- ss: -1-k This instrument was acknowledged before me on the 9Z) day of /,q u5 T, 2008 byJ2DWM, D i , M6&)�as PAe6 /P CA) 7" of Supervalu Inc., a Delaware corporation, successor to RSI- Supervalu Inc., a Delaware corporation, on behalf of the corporation. �p.�jpOpj.q� $ �'o° ZypTARI. S moo® a . 1'UBL�G ed •�O Not ryNot ry Pd ublic in and for the State of --I:f d My commission expires: ),I - �, — 0V d / d CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this d3 -ra day of Seyremurz 2008, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. SONDRAE FORT _ Commission Number 159791 My Co mi�ssion E Tres OW 3 7/ o0 Notary Public in and for the State of Iowa My commission expires: 31,11,4 1 4823 -4435- 9938.8 n� J Staples The Office Superstore, East Inc., Delaware corporation corporation By N ®Aa n ®Pd Title Necative Vice President, Real Estate DA e_r 4823 -4435- 9938.8 9\ OTHER OWNERS' ACKNOWLEDGEMENT ConvncwwekH�A ,State of 1�<<tty� lti�LN , County of kas(r�tx ss: This instrument was acknowledged before me on the 7V'I' day of &tcq. i - , 2008 by 'Doi)vi K, gu,Cw as Vin, ti�dt �, P of Staples, a Delaware corporation, on behalf of the corporation. =HINDMAN MAN c Cosachusetts My Co y 23, 2014 County of l Notary Public in and for thc,,Stafe-of�i _ My commission expires: 5- 12- 312u14 ss: This instrument was acknowledged before me on the as tn, successor to RSI- Supervalu Inc., a Delaware CITY OF IOWA CITY State of Iowa, County of Johnson, ss: day of of Superval nc., a Delaware orporatior on behalf of the Notary Public in and/(or the State of My commisXon expires: On this day of 2008, b ore me, the undersigned, a notary public for the state of Iowa, personall appeared Regenia Bailey and Marian K. Karr, to me personally known, who, being y me duly sworn, did say tha hey are the Mayor and City Clerk, respectively, of the City of wa City, Iowa, executing the withr and foregoing instrument; that the seal attached thereto ' the seal of said corporation by authorit f its City Council; and that the said Mayor and ity Clerk acknowledged the execution of s • instrument to be the voluntary act and ed of said corporation, by it and by them voluntarily e cuted. Notary Public in and for the State of My commission expires: 4823- 4435 - 9938.8 �� G d Yfi €m Its €Ia a91`8a 5a5, fg. I a� o� mn i %!II ii v r �Y� M �.1'g EEI�:a- €E e F POOR ICJ 1 rr �o 0 o ma 1111 I00000 101 109991 111113 HIM 111�11M l]l] N P s� Irl P 'e 6 0 a = m s 8 O Z do so 103 n O W n r� o� m u e PP4 4 $ S a O Z 11 3 b e� �{PafbfS �SP Fb F4 F so 103 n O W n r� o� m u e PP4 4 $ S a O Z 11 WM N,g H �t; - -------- --- E I ti 7� iI l men m on tee ®m iI oP i G 2 4 J• 8 1 e toU 6E� 99 gg� iiig ° pp!} zoo f J \ Doc ID: 021295890011 Tvoe: DEN r \ Recorded: 10/09/2008 at 11:53:29 AM Fee Amt: $57.00 Pace 1 of 11 Johnson Countv Iowa !1 will Kim Painter Countv Recorder gK4356 P0480.490 �� ®® CITY OF IOWA CITY 410 East Washington Street �Q Iowa City, Iowa 52240.1826 (319) 356 -5000 (319) 356 -5009 FAX wwwAgov.org STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -301 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6t" day of October, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7th day of October, 2008. c [ ?po q ql Prepared by: Kimberly Sandberg, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5139 RESOLUTION NO. 08 -301 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY COMMUNITY SCHOOL DISTRICT TO USE A PORTION OF CITY STREETS AND PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. WHEREAS, the Iowa City Community School District desires to utilize a buried conduit system containing a fiber optic telecommunications cable within City of Iowa City public rights -of -way; and WHEREAS, it is in the public interest to enter into an agreement with the Iowa City Community School District concerning the construction work and the responsibility for the installation and maintenance of the fiber optic cable. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The attached Agreement between the City of Iowa City and the Iowa City Community School District to use certain streets and public rights -of -way as set out in said agreement for the placement of fiber optic cable is in the public interest, and is hereby approved as to form and substance. 2. The Mayor is authorized to execute and the City Clerk to attest the attached agreement, on behalf of the City of Iowa City, Iowa. The City Clerk is hereby directed to record a certified copy of said Resolution and executed Agreement with the office of the Johnson County Recorder with recording costs to be paid by the Iowa City Community School District. Passed and approved this 6th day of I`T ) ATTEST:'1 .� 9 CITft -LERK 10 eta �- City Attorney's Office 71ole a- 111 Resolution No. 08 -301 Page Z It was moved by Champion and seconded by Wright the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdatarglossap /resolution- ic.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright J1% AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND IOWA CITY COMMUNITY SCHOOL DISTRICT FOR USE OF PUBLIC RIGHTS -OF -WAY FOR THE INSTALLATION, OPERATION AND MAINTENANCE OF A FIBER OPTIC NETWORK. SECTION I. DEFINITIONS a. "City" shall mean the City of Iowa City, Iowa and, where appropriate, shall include its officers, employees and agents. b. "Public Improvements" shall mean any publicly owned improvements on public property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, electrical transmission lines and equipment related thereto, cable and telephone lines and equipment related thereto. c. "Public Property" shall mean public -owned or controlled public land and rights -of -way, easements, bridges, parks squares and commons. d. "Network' shall mean Iowa City Community School District and shall include equipment owned, operated, leased, or subleased in connection with the operation of the network, and shall include cables, underground conduits, handholes, vaults, fiber optic cables, overhead transmission lines and other overhead cable and lines. SECTION 2. BASIC GRANT Network is hereby granted a license to construct, maintain, Inspect, protect, repair, replace and retain communications. system in, under, upon, along and across the public property shown and identified in Exhibits A, B & C hereto, subject to the regulatory powers of the City and subject to the conditions herinafter set forth. SECTION 3. INSTALLATION, REPAIR, EXTENSION OR EXPANSION OF THE NETWORK Before commencing any extension or expansion of its system, or any major repair work or the Installation of any new system in the City, the Network shall file with the Public Works Department of the City a written statement verifying the public property under which or upon which the Network proposes to extend, expand, install or repair its system. The Director of Public Works may require the statement be accompanied by a map, plan or specifications showing the proposed location of the system components with references to streets and alleys, existing public utilities, the size and dimensions of all facilities, and the distance above or beneath the surface of the ground proposed for repair or installation. If the proposed locations of any facilities shall interfere with the reasonable and proper use, construction, reconstruction and maintenance of any public improvements or any existing City-owned public utility system component, or other structure upon or under public property, the Director of Public Works,shail, within reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate interference with a public improvement or existing City-owned public utility system facility and refer the same back to the Network for amendment. Any such review, approval or amendment shall remain subject to the provisions in Section 8 herein. Such map, plan, or specifications, when properly changed and corrected, shall be filed in the Public Works Department; and after the approval of same by the Director of Public Works, a permit shall be issued authorizing the Network to proceed in accordance with the approved maps, plans, or specifications. No such excavation, construction or erection shall be commenced before the 9% issuance of the permit herein provided for unless it is an emergency as described in Section 5. All work performed by Network shall be in accordance with the approved maps, plans or specifications. SECTION 4. CONSTRUCTION AND REPAIR OF NETWORK In the process of location, construction, reconstruction, replacement, or repair of any system component, the excavation or obstruction made or placed in public property at any time or for any purpose by the Network shall, to protect the public and assure the safe and efficient movement of traffic, be properly barricaded to comply, at a minimum, with requirements set forth in the Manua/ on Uniform Traffic Control Devices All pavement taken up or damaged shall be properly and speedily replaced in accordance with the City's regulations, City's Municipal Design Standards and Standard Construction Specifications, and warranted for a period of five (5) years. As a condition to the use of public property, the Network shall, at its own expense, repair or cause repair to any private property public utility system component, public improvement or public property damaged by such location, construction, reconstruction, replacement or repair work. If the Network fails to repair or arrange with the City for the proper repair of any public property after excavations have been made, and after thirty days notice.in writing to do so given to its designated representative, then the City may make such repairs at the expense of the Network. SECTION 5. EXCAVATIONS The Network is authorized to make excavations in City streets, avenues, alleys and public property for purposes of routine repair, replacement, and maintenance of wires, lines or other system components associated with the Network. In making such excavations, the Network shall obtain a permit pursuant to City Ordinances and Regulations, shall not unnecessarily obstruct the use of streets, avenues, alleys or public places, shall provide the Public Works Director with twenty-four (24) hours notice prior to the actual commencement of the work, and shall comply with all City provisions, requirements and regulations in performing such work. However, three (3) day notice shall be provided to the Public Works Director for any work requiring a street closure or detour. In emergencies which require immediate excavation, the Network may proceed with the work without first applying for or obtaining the permit, provided, however, that the Network shall apply for and obtain the permit as soon as possible after commencing such emergency work. Excavations shall not remain open for more than five (5) working days without prior City approval. Failure to Comply; Remedies. If the Network fails to comply with the provisions of this Section, the City may repair or restore the public property to a condition as good as the condition of the property prior to the disturbance by the Network. The Network shall pay the costs of such repair or restoration. The Network shall pay to the City its costs and charges for such work within sixty (60) days after receipt of the City's billing. SECTION 6. WORK BY OTHERS, CONSTRUCTION BY ABUTTING OWNERS, ALTERATION TO CONFORM WITH PUBLIC IMPROVEMENTS The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation of improvement that may be deemed necessary or proper by the City in, across, along, over or under any public property occupied by the Network, and to change any 0 curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Network for any damages arising out of the performance of such work by other parties. Nothing In this agreement shall be construed to relieve other persons or corporations from liability for damage to the Network's facilities. SECTION 7. NETWORK CONTRACTORS The requirements of this agreement shall apply to all persons, firms or corporations performing work for the Network under a contract, subcontract, time and materials arrangement or other type of work order. SECTION 8. CONDITIONS OF STREET OCCUPANCY The fiber optic cable systems . and other components of the facilities erected by the Network within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with the rights or reasonable convenience of property owners who adjoin public property. The Network shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. The Network shall, upon reasonable notice and at Its sole cost and expense, remove, locate and relocate its facilities In, on, over or under public property in such manner as the City may at any time require for the purpose of facilitating the construction, reconstruction, maintenance, repair or change in grade of any public improvement on, in or about any such public property, for the purposes of facilitating the vacation and /or redevelopment of public property or public right -of- way by the City. In the event the Network fails to act within a reasonably allocated time, the City may cause the Network facilities to be relocated, and the costs thereof shall be to the Network and shall be paid as provided in Section 5 hereof. Claims for delay of work from contractors employed by the City that are a result of Network's failure to act within a reasonable time shall be the responsibility of the Network. In the case of Public Works projects, reasonable time shall be defined as the six week period from the date of the public hearing. The Network shall not place its facilities in the public property where the same will interfere with the normal use or maintenance of any public improvement, including but not limited to streets, alleys sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, electrical transmission lines or any public utility facility. Network shall maintain a five (5) foot minimum horizontal clearance from any public utility, including water mains, storm sewers, sanitary sewers, and storm drains. The Network shall not place identification signs within the public right -of -way. Upon request, the Network agrees to assist in locating underground facilities which are part of its system. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of request. As a condition of this agreement the Network shall enroll as a member of the "Iowa One -Call System" and shall respond to all requests and notifications placed to the toll -free "One -Call" number. Installation, repair, or replacement work completed by the Network or any facilities requiring excavation of public property or public right -of -way shall require Network to restore and replace id` surface vegetation with sod and conformance with City ordinances and in accordance with standard local practices for placing sod. SECTION 9. ABANDONED FACILITIES The Network shall notify the City when facilities are to be abandoned. The Network shall remove manholes, handholes, vaults, overhead facilities and equipment related hereto from the right -of -way as required In conjunction with other right -of -way repair, excavation or construction unless this requirement is waived by the Director of Public Works. SECTION 10. POWERS OF CITY OF IOWA CITY Nothing in this agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public property by anyone using the same for the installation and maintenance of utility systems, including, but not limited to, fees for use of public property. Any such further regulations shall apply to Network and to this agreement. SECTION 11. PLANS AND COORDINATION Upon completion of the work, the Network shall promptly furnish to the City copies of "as- built" plans related to its facilities located on public property. The Network shall keep complete and accurate maps and records of the locations and operations of its facilities . including buried abandoned facilities, in connection with this agreement. SECTION 12. VIOLATIONS OF AGREEMENT Upon evidence being received by the City that occurring or has occurred or that a violation of Network in the operation of its facilities or the occurring or has occurred (hereinafter referred investigation to be made. If the City finds that a take appropriate steps to secure compliance with ordinances. a violation or breach of this agreement is codes or ordinances lawfully regulating the manner of use of public property either is to as a "default', the City shall cause an default exists or has occurred, the City may the terms of this agreement or the codes or The City shall give written notice to the Network of the default, and the Network shall cure such default within thirty (30) calendar days after receipt of such notice; provided, however, where any such default cannot reasonably be cured within such thirty (30) day period, and Network shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such default shall reasonably be extended for such period of time as may be necessary to complete such cure. If the City determines that a violation or breach of this agreement or codes or ordinances lawfully regulating the Network in the operation of its facilities is an immediate danger to public health, safety or welfare and requires immediate action, the City may provide written notice of said determination to Network and immediately remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network. (i% If the Network fails to cure a default within the time allowed, the City shall have the right to: seek specific performance; or Il. remedy the default by doing the act itself, or through a contractor, and charge the costs of such work to the Network; or iii. seek damages of such default; or iv. any combination of (1), (Ii) and (iii). SECTION 13. LIABILITY, INDEMNIFICATION AND INSURANCE The Network covenants to Indemnify, defend and save the City and its officers, agents and employees, harmless from any and all damages arising directly from the exercise of the rights granted herein. The Network agrees to require contractors and subcontractors engaged in work for the Network within the public right -of -way or public property to maintain insurance coverage during the term of their work and to provide the City with certificates of insurance satisfactory to City. SECTION 14. SEVERABILITY In the event a court of competent jurisdiction shall adjudge any provision or provisions hereof invalid or illegal, or direct a change by the Network in any matter or thing herein contained, such invalidity, illegality or change shall be deemed severable and shall in no way affect the remaining provisions of this agreement or their validity or legality and this agreement in all other respects shall continue in full force and effect as If said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed. At the City's option, and upon a court's ruling of invalidity or illegality, the City may cause this agreement to be terminated. SECTION 15. ASSIGNMENT Neither party shall assign or otherwise transfer this agreement or any of its rights and interest to any firm, corporation or individual, without the prior written consent of the other party. SECTION 16. TERMINATION OF AGREEMENT AND VACATION OF STREETS AND ALLEYS The City may terminate this Agreement at any time upon thirty (30) days notice provided to Network, if the City determines that the property or public right -of -way is needed for a public purpose and should be cleared of any and all obstructions. When not in conflict with other City purpose, need or use, as long as the Network exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public property in which the Network has Installed its facilities without reserving such rights as necessary to allow continued use of such property for the said facilities in accordance with the terms of this agreement, provided that nothing herein shall limit the City's right to require the Network to relocate its facilities as provided in Section 8 hereof. SECTION 17. DELIVERY OF NOTICES Except as may be expressly provided herein, any notices hereunder shall be in writing and shall be delivered via certified mail and addressed as follows, unless indicated otherwise in the future: If to City: Public Works Director City of Iowa City City Hall 410 E. Washington Street Iowa City, IA 52240 If to ICCSD: Director of Physical Plant Iowa City Community School District 1137 S. Riverside Dr. Iowa City, IA 52246 Provided, however, that in case of an emergency, notices may be given verbally to the above - named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. SECTION 18. RECORDATION This agreement shall be recorded in the Johnson County Recorder's OfFlce, at Network expense. Dated this 6t day of October 2008, CITY F IOWA CITY IOWA CITY COMMUNITY SCHOOL DISTRICT c n By. �L R t� Print Name: pc)a Attest.• % City.C�ferk Approved by: �F l/, la �710�a r s� /��7 i ,' l f� City Attorney's Office M ly CITY OF IOWA CITY ACKNOWLEDGMENT OF IOWA ) ) SS: ZN COUNTY ) On this _ of 2007, before me, the undersigned, a Notary P in and for the State of ersonally appeared Ross Wilburn and Marian K. Karr, to e personally known, and, who, bein me duly sworn, did say that they are the Ma and City Clerk, respectively, of said municipa oration E seal affixed thereto is the seal of s ' uni sealed on behalf of said corporation by and passed by the City Co and that Ross Wilburn and Marian K. Karr voluntary act and deed and the voluntary voluntarily executed. STATE OF IOWA ) ) ss: JOHNSON COUNTY ) xecuting the within and foregoin nstrument; that the --ipal corporation; that said in ument was signed and ority of its City Council, a ntained in Resolution No. an ' n the da f 2007, tckno ed the a ution said instrument to be the act and de id corporation, by it and by them commission expires: NETWORK ACKNOWLEDGMENT A On this _[dZ day of � c 20013, before me the undersigned, a Notary Public in and for the State of Iowa, personally appeared l &hez , to me personally known, and, who, being by me duly sworn, did say that he is the Q1 '�\(OLU o4 Mm�n;stvc�W S(ulafor the Iowa City Community School District; that the foregoing instrument was signed on behalf of the Iowa City Community School District, by Tori'ty of the Iowa City Community School District Board of Directors, and that lA\ P L acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the Iowa Community School District, by it voluntarily executed. TERESAS. CRETIN Notary Public in and for the State of Iowa Can NM 7514 M My t My commission expires: (� )a 81 i t U: \PW\STAFF\Kim J \ROW Agreements \Temporary - Fixed\Fiber Optic \ICCSD #2.doc d� CITY OF IOWA CITY ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this (a A day of DcroBER 2008, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Regenia D. Bailey 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; and that Regenia D. Bailey and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of said municipal corporation, by it and them voluntarily executed. EIAZ SONDRAE FORT Commission Number 759781 Nota Public in and for the State of Iowa My Commission Expires ry -Vee IIII�IIIIII�IIIIIIII�IIII�III�III��I�IIIIII���IIIIIIIIIIIIII�IIIIIIIII�I��IIIIII Doc ID: 021295840004 Tvoe. GEN FeeoAmt: 22 /00 /P0ae it of 1424:23 AM Johnson County Iowa Kim Painter Countv Recorder SK4356 PD444.447 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -296 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 6`h day of October, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 7th day of October, 2008. �7 f17Z�d 71 . ei_Z/L� Marian C. Karr City Clerk Wes e :0411 ` 1 YR Prepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 08 -296 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIENS REGARDING TWO MORTGAGES FOR THE PROPERTY LOCATED AT 985 LONGFELLOW COURT, IOWA CITY, IOWA. WHEREAS, on October 1, 2007, the owner of 985 Longfellow Court executed a Second Mortgage in the amount of $35,000 to secure a loan from the City for said amount as part of the Affordable Dream Home Program; and WHEREAS, on October 1, 2007, the owner of 985 Longfellow Court executed a Third Mortgage in the amount of $1,000 to secure a loan from the City for said amount as part of Iowa City's Down Payment Assistance Program; and WHEREAS, the loans were fully paid on October 6, 2008; WHEREAS, the owner also executed a Resale and Occupancy Agreement on October 1, 2007; and WHEREAS, it is the City of Iowa City's responsibility to release these liens. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 985 Longfellow Court, Iowa City, Iowa from the Second Mortgage recorded on October 2, 2007, at Book 4222, Page 358, at the Johnson County Recorder's Office, and from the Third Mortgage recorded on October 2, 2007, at Book 4222, Page 365, at the Johnson County Recorder's Office. The City Clerk is authorized and directed to certify a copy of this resolution for recordation, together with the attached Release of Lien, said recording costs to be paid by the Seller. Passed and approved this 6th day of October 2008. ATTEST: � J 7 • 1�L CL✓ERK Approved by City Attorney's Office �0, Resolution No. 08 -296 Page 2 It was moved by Champion and seconded by Wilburn the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x vpdata/glossary/resolution - ic.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright a Prepared by: Susan Dulek, Assistant City Attorney, 410 E. Washington St, Iowa City, IA 52240 (319) 356 -5030 RELEASE OF LIEN The City of Iowa City does hereby release the property at 985 Longfellow Court, Iowa City, Iowa, and legally described as follows: Unit 985 Longfellow Court of Lot 10, Longfellow Manor Condominiums, Iowa City, Iowa, according to the Declaration thereof recorded in Book 4195, Page 375, Records of the Recorder of Johnson County, Iowa, from an obligation of the property owner, Christine N. Hilderbrand, to the City of Iowa City in the principal amount of $35,000.00 represented by a Second Mortgage recorded on October 2, 2007, at Book 4222, Page 358, at the Johnson County Recorder's Office. The City of Iowa City does hereby further release said property from an additional obligation of the property owner, Christine N. Hilderbrand, to the City of Iowa City in the principal amount of $1,000 represented by a Third Mortgage recorded on October 2, 2007, at Book 4222, Page 365, at the Johnson County Recorder's Office, These obligations have been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. C Approved g-o1-(.0V City Attorney's Office OF IOWA CITY, IQWA D. Bailey, K. Kan', City Clerk STATE OF IOWA ) )ss: CORPORATE SEAL JOHNSON COUNTY ) On this 1. 1% day of Dmg rw- 2008, before me, the undersigned, a Notary Public in and for said County and State, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of City Council of said municipal corporation; and that the said Regenia D. Bailey and Marian K, Karr acknowledged the execution of said instrument to be. the voluntary act and deed and said municipal corporation, by it and by them voluntarily executed. ([^- Sor�nwn t"n�^{) rONOAE FORT Notary Public in and for the State of Iowa Commission Nmber 159791 My Commission Expires 3/7 �vz> Cpl Prepared by Sarah Walz, Associate Planner, 410 E. Washington, Iowa City, IA 52240; 3191356 -5230 DECISION IOWA CITY BOARD OF ADJUSTMENT WEDNESDAY, SEPTEMBER 10, 2008 EMMA J. HARVAT HALL MEMBERS PRESENT: Edgar Thornton, Caroline Sheerin, Karen Leigh MEMBERS ABSENT: Ned Wood STAFF PRESENT: Sarah Holecek, Sarah Walz, OTHERS PRESENT: Russ Arlen SPECIAL EXCEPTION ITEMS: Doc ID: 021303180003 Tvoe: GEN Recorded: 10/21/2008 at 10:41:11 AM Fee Amt: $17.00 Paae 1 of 3 Johnson Countv Iowa Kim Painter Countv Recorder BK4359 P0121 -123 V —ee_ 1. EXC08 -00015 a public hearing regarding an application submitted by Harriet Gooding requesting a special exception to reduce the required front principal building setback from 25 feet to 20 feet for property located in the RS -5 (Low- Density, Single- Family) zone at 2402 Lakeside Drive. Findings of Fact: The Board finds that the subject property is located on a corner lot in the RS -5 zone and abuts an RM -44 zone to the east. The board finds that the principal building is set back 27 feet from the street right -of -way line and that the only other structure on this frontage is a multi - family building in the RM -44 zone, which is set back 25 feet from the street right -of -way line and located more than 100 feet from the subject house. The board finds that the required setback in the RS -5 zone is 15 feet; and 20 feet in the RM -44 zone —a difference of 5 feet. Due to setback averaging, the required setback for the single - family house is 25 feet. The board finds that, absent a special exception, the proposed open air porch must comply with the required principal building setback. The board finds that the subject parcel is 82 feet deep with the rear yard facing into the shallow side yard of the single - family property to the north. The board finds that the requested setback has no impact on side or rear setbacks. The board finds that all access roads, utilities, drainage and other necessary facilities are already provided for the subject property. The board finds that vehicle access is provided via a driveway to the east of the house and that the garage is set back more than the required 25 feet from the street right -of- way line. Conclusions of Law: The Board concludes that the situation is peculiar in that only two principal structures are located along this frontage, and those buildings are in different zones (RS -5 and RM -44) and the two principal structures along the frontage are separated by a distance of more than 100 feet. The board finds that there is practical difficulty complying with the setback requirement due to the shallow depth of this parcel. The board concludes that there is practical difficulty in complying with the setback standard given the deep setback at the front (south) side of the subject lot, which leaves little private open space for constructing a porch to the rear of the property. The board concludes that granting the special exception will not be contrary to the purpose of the setback regulations for the following reasons: /1�O O C7 iP V —F o 1. EXC08 -00015 a public hearing regarding an application submitted by Harriet Gooding requesting a special exception to reduce the required front principal building setback from 25 feet to 20 feet for property located in the RS -5 (Low- Density, Single- Family) zone at 2402 Lakeside Drive. Findings of Fact: The Board finds that the subject property is located on a corner lot in the RS -5 zone and abuts an RM -44 zone to the east. The board finds that the principal building is set back 27 feet from the street right -of -way line and that the only other structure on this frontage is a multi - family building in the RM -44 zone, which is set back 25 feet from the street right -of -way line and located more than 100 feet from the subject house. The board finds that the required setback in the RS -5 zone is 15 feet; and 20 feet in the RM -44 zone —a difference of 5 feet. Due to setback averaging, the required setback for the single - family house is 25 feet. The board finds that, absent a special exception, the proposed open air porch must comply with the required principal building setback. The board finds that the subject parcel is 82 feet deep with the rear yard facing into the shallow side yard of the single - family property to the north. The board finds that the requested setback has no impact on side or rear setbacks. The board finds that all access roads, utilities, drainage and other necessary facilities are already provided for the subject property. The board finds that vehicle access is provided via a driveway to the east of the house and that the garage is set back more than the required 25 feet from the street right -of- way line. Conclusions of Law: The Board concludes that the situation is peculiar in that only two principal structures are located along this frontage, and those buildings are in different zones (RS -5 and RM -44) and the two principal structures along the frontage are separated by a distance of more than 100 feet. The board finds that there is practical difficulty complying with the setback requirement due to the shallow depth of this parcel. The board concludes that there is practical difficulty in complying with the setback standard given the deep setback at the front (south) side of the subject lot, which leaves little private open space for constructing a porch to the rear of the property. The board concludes that granting the special exception will not be contrary to the purpose of the setback regulations for the following reasons: /1�O • Because the reduction requested is for the front (streetside) setback and because the resulting setback will be 20 feet (5 feet more than the RS -5 requirement) the exception will not reduce the space for light, air, and separation for fire protection and access along Lakeside Drive. • Because the reduction will allow for an open -air front porch, rather than an enclosed addition, the structure has less effect on the sense of separation for light and air. • Because the proposed setback reduction does not encroach on properties to either side, and because the resulting front setback remains 5 feet more than is required in the zone and is separated from neighboring properties across the street by the 66- foot Lakeside Drive right -of -way, it will not diminish the opportunity for privacy between buildings. • Because the only other residence along the frontage is the multi - family building to the east, which is located more than 100 feet from the subject house, the reduction in the front setback will not create an unreasonable physical relationship between buildings and will reflect the general building scale and placement of structures in the neighborhood. • Because the resulting difference in setback would continue to be 5 feet further back from the street right -of -way line than required by code, and because the code requirements indicate a 5 -foot difference in setbacks between the two zones (15 feet in the RS -5 and 20 feet in the RM -44), the special exception will not be contrary to the setback regulations. For all the reasons cited above, the board concludes that any potential negative effects resulting form the setback exception are mitigated to the extent practical. For the reasons cited above, the board concludes that the proposed exception will not reduce visibility for traffic or be detrimental to or endanger the public health, safety, comfort, or general welfare; will not be injurious to the use and enjoyment of other property in the immediate vicinity; and will not substantially impair property values in the neighborhood. For the reasons cited above, and because the surrounding neighborhood is fully developed, the proposed special exception will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the zone, and that the proposed exception will have no impact on ingress or egress from the property. The board concludes that the proposed special exception meets all requirements of the zoning code and that all other aspects of the proposal will be reviewed by the building department for compliance with the code. Disposition: By a vote of 3 -0 the Board approves EXC08 -00015 an application submitted by Harriet Gooding requesting a special exception to reduce the required front principal building setback from 25 feet to 20 feet for property located in the RS -5 (Low- Density, Single - Family) zone at 2402 Lakeside Drive, subject to the porch being constructed and maintained as an open -air porch. jQ TIME LIMITATIONS: All orders of the Board, which do not set a specific time limitation on Applicant action, shall expire six (6) months from the date they were filed with the City Clerk, unless the Applicant shall have taken action within such time period to establish the use or construct the improvement authorized under the terms of the Board's decision. City Code Section 14 -8C -1 E, City of Iowa City, Iowa. Karen Leigh' STATE OF IOWA JOHNSON COUNTY Appraved-by: ity Att ey's bffico I, Marian Karr, City Clerk of the City of Iowa City, do hereby certify that the Board of Adjustment Decision herein is a true and correct copy of the Decision that was passed by the Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 10th day of September, 2008, as the same appears of record in my Office. Dated at Iowa City, this ao day of OcZ`t!e -J .200e -) Yi Mari . Karr, City Clerk =4 ✓O IIIIIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIII (III Doc ID: 021306070014 T,ne. GEN Recorded: 10/24/2008 at 11:24:01 AM Pee Amt: $,20 PBOe 1 of 14 Johnson Co..,, t Iowa Kim Painter Countv Recorder BK4360 PG382 -395 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -316 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 21s` day of October, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 23`a day of October, 2008. SEAL Maria . Karr City Clerk Ves 3� Prepared by: Sarah Holecek, 1 "Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 o RESOLUTION NO. 08 -316 RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE LICENSE UPON A PEDESTRIAN ACCESS EASEMENT LOCATED AT 210 SOUTH DUBUQUE STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City ( "City ") currently owns a pedestrian access easement through the interior of the Sheraton Hotel building that is approximately twenty -five feet (25') wide and open twenty -four hours a day, seven days a week (24/7), as well as an exterior pedestrian access easement along the western wall of the building that is approximately twelve and one -half feet (12.5') wide; and WHEREAS, RBD Iowa City LLC, ( "RBD ") current owner of the Sheraton Hotel building, located at 210 South Dubuque Street, wishes to expand and enhance the hotel lobby as well as provide better security and climate control in the building; and WHEREAS, RBD has requested that CITY issue a license on a portion of the interior pedestrian access easement so that they are able to occupy 13' of the interior easement and restrict access over the entire interior easement between 11 p.m. and 6 a.m.; and WHEREAS, in exchange for this license on the interior easement, the Sheraton has agreed to pay 50% of the costs of improving the exterior pedestrian access easement that currently runs along the west side of its building; and WHEREAS, said improvement to the west exterior easement area shall include additional lighting, architectural features, way- finding signage and public art, which will enhance its attractiveness and public safety, and therefore said Agreement and license is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized to sign the attached Agreement for Walkway Improvements and Future License regarding the interior and exterior pedestrian access easements located at 210 S. Dubuque Street, Iowa City, Iowa. The Mayor and City Clerk are further authorized and directed to execute the license for the interior easement and any other documentation required under the terms of the Agreement upon direction of the City Attorney. 2. The City Clerk is directed to certify a copy of this resolution with the attached Agreement and to be recorded at RBD's expense. Upon execution of the license under the terms of the Agreement, the City Clerk is directed to record same at RBD's expense. and appro ed this 21st day of October 2008. ATTEST: 9a4,, 0 / 7 �L MAYOR tfiY CLERK .!7 -d byl - tor (y's ffic /a -/ -'S SEAL �5i Resolution No. 08 -316 Page 2 It was moved by O'Donnell and seconded by champion the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright wpdata/glossarylresolufion -ic.doc V Prep'd by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240; 356 -5030 AGREEMENT FOR WALKWAY IMPROVEMENTS AND FUTURE LICENSE UPON PEDESTRIAN ACCESS EASEMENT This Agreement ( "Agreement ") is entered into between RBD Iowa City LLC, a Delaware limited liability company, (hereinafter "RBD" and /or "Owner ") and the City of Iowa City, an Iowa municipal corporation ( "City "). WHEREAS, RBD is the current owner of the Sheraton Hotel located at 210 Dubuque Street in downtown Iowa City, Iowa (the "Hotel "); and WHEREAS, in order to provide public pedestrian access between the Pedestrian Mall and Dubuque Street, there exists a certain Pedestrian Access Easement Agreement dated December 12, 1983, which is recorded at Book 726, Page 174, in the Recorder's Office of Johnson County, Iowa (the "Easement Agreement "), that grants the City (i) an interior pedestrian access easement through the interior of the Hotel that is approximately twenty -five feet (25') wide and is open twenty-four hours a day, seven days a week (24/7) (the "Interior Easement ") and (ii) an exterior public pedestrian access easement along the western wall of the Hotel that is approximately twelve and one -half feet (125) wide and is open twenty-four hours a day, seven days a week (24/7) (the "Exterior Easement "); and WHEREAS, RBD desires to make certain improvements to the Hotel, including but not limited to the expansion and enhancement of the lobby and the improvement of security and climate control (collectively, the "Improvements "), and to that end, requests that the City agree to issue a revocable license (the "License ") which allows the Hotel to occupy a portion of the Interior Easement, effectively reduces the width of the Interior Easement from its present width to approximately twelve feet (12') and allows the Hotel to close access through the Interior Easement between the hours of 11:00 p.m. and 6:00 a.m.; and WHEREAS, in exchange for the City's agreement to issue the License, Owner will make the Improvements to the Hotel, including but not limited to the area of the Interior Easement that is subject to the License, and participate with the City in the design of improvements to the Exterior Easement and fund, along with the City, a portion of the cost of making such improvements to the Exterior Easement; and WHEREAS, the parties to this Agreement desire to memorialize their agreement regarding their respective responsibilities and duties for the design and construction of the improvements to the Exterior Easement and the issuance of the License. �I NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 1. Licensing of Portion of Interior Easement. Upon substantial completion of the improvements to the Exterior Easement as set forth in Section 3 hereof, the City will issue the License. The License shall be in the form as set forth on Exhibit "A ", "License Agreement ", attached hereto and incorporated herein. Except as set forth in this Agreement, the City will retain all other rights and interest in the Interior Easement per the terms set forth in the Easement Agreement. For the purposes of this Agreement, "substantial completion' shall mean that the improvements to the Exterior Easement are sufficiently completed such that they can be used by the public for their intended purpose without compromising public access or safety. 2. Authority to Temporarily Occupy Interior Easement Prior to Execution of License: Upon the execution of this Agreement by the parties, Owner may temporarily utilize the portion of the Interior Easement to be occupied by the Hotel pursuant to the License for the purposes of commencing the Improvements; provided, however, that in the event improvements to the Exterior Easement are not substantially completed in accordance with Section 3 herein, the City shall have the right to enforce all of its rights to the Interior Easement as provided in the Easement Agreement, including, but not limited to, the right to require Owner to remove any and all improvements within the Interior Easement that, in the City's sole determination, interfere with those rights, and the City may reoccupy the portion of the Interior Easement temporarily occupied by Owner. Should the City exercise its rights under the Easement Agreement by reason of Owner's failure to substantially complete the improvements to the Exterior Easement in accordance with Section 3, the costs of removing any and all improvements within the Interior Easement shall be the sole responsibility of and borne by Owner. During the period of temporary occupancy, Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions and those of its contractors, subcontractors, agents, employees and assigns arising out of Owner's use and occupancy of the portion of the Interior Easement subject to the License. 3. Design, Construction and Cost Sharing of Improvements to and Public Art for Exterior Easement. The parties shall reasonably and in good faith cooperate, participate and agree to the design for the improvements to the Exterior Easement, which improvements shall include lighting, architectural features to emphasize the walkway, way - finding signage and public art (the "Exterior 2 3) Easement Improvements'), within ninety (90) days from the date Owner first submits proposed design plans for said improvements. The final Exterior Easement Improvements plan shall be approved by the City Council as well as any other City agency whose approval may be required prior to the issuance of a building permit and /or commencement of construction of the Exterior Easement Improvements. The City Council shall approve the final plans and specifications for said Exterior Easement Improvements and advertise the final approved plan and specifications (the "Exterior Easement Improvements Plani') for public bid as required by Iowa Code Chapter 26. After acquisition and opening of bids, the parties shall agree to a budget for the construction of the Exterior Easement Improvements Plan, including but not limited to design costs (the "Approved Budget "). The City Manager, or designee, shall approve all change orders, if necessary, which approval shall not be unreasonably withheld or delayed. The parties agree to each pay fifty percent (50 %) of the Approved Budget. The parties further agree to cooperate together in good faith to complete the Exterior Easement Improvements Plan as soon as is reasonably possible following the date of this Agreement but in no event later than eighteen (18) months following the date hereof (the "Outside Completion Date "), subject only to weather delays or other conditions or events not reasonably foreseen or within the control of the parties that may cause the date of completion to be extended beyond the Outside Completion Date. Owner shall have the right in its discretion to complete the Exterior Easement Improvements Plan in accordance with the Approved Budget, and upon substantial completion thereof as defined in Section 1 of this Agreement, the City shall execute the License. 4. Miscellaneous. A. The provisions of this Agreement shall inure to the benefit of and bind the successors and assigns of the respective parties hereto. B. Nothing contained in this Agreement shall be construed as creating or granting rights to any third party which is not a signatory to this Agreement. C. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral communications, understandings and agreements with respect to the subject matter hereof. It is expressly understood and agreed that this Agreement may not be altered, amended, modified or otherwise changed in any respect except in writing duly executed by authorized representatives of each of the parties. D. This Agreement shall be governed by the laws of the State of Iowa. 3 '1�I S� Dated this A' day of October 2008, RBD IOWA CITY LLC. a Delaware limited liability company By: RBD IOWA CITY HOLDINGS LLC, a Delaware limited liability company, its Sole Member By: DIG Iowa City LLC, a Delaware limited liability company, its Manager CITY OF IOWA CITY, IOWA By: Rege . Bailey, Mayor Attest: u Marian K. Kar , City Clerk By: Jo n A. Belden, President CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) SEAL 51- On this ?i day of October, 2008, before me, the undersigned, a Notary Public in and for the above -named county and state, personally appeared Regenia D. Bailey 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, for the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. o NtA SONDRAE FORT S,,rdau f i,Yb =iow CoM3 Comm E �5eS91 Notary Public in and for the State of Iowa 51 RBD IOWA CITY LLC, ACKNOWLEDGEMENT STATE OF TENNESSEE ) )ss: COUNTY OF SHELBY ) On this a I day of October, 2008, before me, the undersigned, a Notary Public in and for the above -named county and state, personally appeared John A. Belden, to me personally known, who being by me duly sworn, did say that he is the President of RBD IOWA CITY LLC., executing the within and foregoing instrument by authority of RBD IOWA CITY LLC and that the said John A. Belden acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it and by him voluntarily executed. ��0 N aj otar ublic in and for the State of Tennessee .a�Gj�t4 (� �>>��t i < 1- TY, �3I EXHIBIT "A" LICENSE AGREEMENT FOR THE TEMPORARY USE OF A PEDESTRIAN ACCESS EASEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND RBD IOWA CITY LLC This Agreement ( "Agreement ") is entered into between RBD Iowa City LLC, a Delaware limited liability company, (hereinafter "RBD" and /or "Owner ") and the City of Iowa City, an Iowa municipal corporation ( "City "). WHEREAS, RBD is the current owner of the Sheraton Hotel located at 210 Dubuque Street in downtown Iowa City, Iowa (the "Hotel "); and WHEREAS, in order to provide public pedestrian access between the Pedestrian Mall and Dubuque Street, there exists a certain Pedestrian Access Easement Agreement dated December 12, 1983, which is recorded at Book 726, Page 174, in the Recorder's Office of Johnson County, Iowa (the "Easement Agreement "), that grants the City (i) an interior pedestrian access easement through the interior of the Hotel that is approximately twenty-five feet (25') wide and is open twenty-four hours a day, seven days a week (24/7) (the "Interior Easement ") and (ii) an exterior public pedestrian access easement along the western wall of the Hotel that is approximately twelve and one -half feet (125) wide and is open twenty-four hours a day, seven days a week (24/7) (the "Exterior Easement "); and WHEREAS, RBD desires to make certain improvements to the Hotel, including but not limited to the expansion and enhancement of the lobby and the improvement of security and climate control (collectively, the "Improvements "), and to that end, requests that the City agree to issue a revocable license over a portion of the Easement Agreement which allows the Hotel to occupy a portion of the Interior Easement, effectively reduces the width of the Interior Easement from its present width to approximately twelve feet (12') and allows the Hotel to close access through the Interior Easement between the hours of 11:00 p.m. and 6:00 a.m.; and WHEREAS, the parties to this Agreement desire to memorialize their agreement regarding their respective responsibilities and duties under a license agreement for the temporary use of a portion of the Interior Easement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: Il /�I 1. The City hereby issues a temporary license for a portion of the Interior Easement, thereby effectively reducing the width of the remaining easement area to approximately twelve feet (12'), as depicted on Exhibit "A ", attached hereto and incorporated herein (the "Licensed Interior Easement "). This license also alters the Owner's obligation to provide pedestrian access through the Interior Easement on a twenty -four hour, seven days a week (24/7) basis and allows the Owner to control access over the entire Interior Easement between the hours of 11 p.m. and 6 a.m., seven days a week. The City hereby retains all other rights and interest in the Interior Easement as per the terms set forth in the Easement Agreement. The Parties expressly agree and acknowledge that this License Agreement shall not, by operation of the doctrine of merger or any other theory, permanently reduce or alter the City's rights and interests in the Interior Easement as set forth in the Easement Agreement. 2. Notwithstanding the above, the Owner agrees to cease and desist its use, occupancy and control over any portion or all of the Licensed Interior Easement and to remove any and all improvements, obstructions or debris from the Licensed Interior Easement upon the occurrence of any one of the following events and the determination by the City that, as a result thereof, the License shall be revoked in whole or in part: a. Owner or any successor undertakes a major redevelopment of the Hotel, whether or not such major redevelopment is at the Owner's sole discretion or the result of the damage or destruction of the Hotel by fire, explosion, act of God, or public enemy; for the purposes of this Agreement, "major redevelopment" shall mean a project in which all or substantially all of the existing Hotel is demolished and re -built over a consecutive three (3) year period from the time the first building permit is issued. For the purposes of this Agreement, "substantially all of the existing hotel" shall mean the demolition and rebuilding of seventy-five percent (75 %) or more of the existing physical structures at the time the first building permit is issued; or b. Owner or any successor decides in its sole discretion to convert the use of the Hotel to any principal use other than a hotel. In the event that any of the events described in paragraph 2 a. or b of this Agreement occur and the City determines that, as a result thereof, the License shall be revoked, in whole or in part, the City shall notify the Owner of such determination and the Owner shall be required to remove any and all improvements, obstructions or debris within the Licensed Interior Easement that, in the City's sole determination, interfere with the City's rights under the Easement Agreement and the License (in the event the License is revoked in part 7 51 and not in whole). If Owner fails to remove any and all improvements, obstructions or debris from the Licensed Interior Easement as required in this paragraph, the City may remove such improvements, restore the area to its prior condition, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal and restoration costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2007). 3. Owner agrees to indemnify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions, occupancy and use of the Licensed Interior Easement, including those of its contractors, subcontractors, agents, employees and assigns. Owner further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Upon request, Owner shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. 4. Owner and City agree that no property right is conferred by this License and grant of permission to occupy and use the Licensed Interior Easement as outlined in paragraph 1. 5. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties 6. This License Agreement for Temporary Use of a Pedestrian Access Easement shall be recorded in the Johnson County Recorder's Office at Owner's expense. Dated this _ day of , 2008. Signatures on the following page. '3 VI Dated this _ day of October 2008. RBD IOWA CITY LLC. a Delaware limited liability company By: RBD IOWA CITY HOLDINGS LLC, a Delaware limited liability company, its Sole Member CITY OF IOWA CITY, IOWA By: Regenia D. Bailey, Mayor Attest: By: DIG Iowa City LLC, a Delaware Marian K. Karr, City Clerk limited liability company, its Manager John A. Belden, President CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) On this day of October, 2008, before me, the undersigned, a Notary Public in and for the above -named county and state, personally appeared Regenia D. Bailey 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, for the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa /31 RBD IOWA CITY LLC. ACKNOWLEDGEMENT STATE OF TENNESSEE ) )ss: COUNTY OF SHELBY ) On this day of October, 2008, before me, the undersigned, a Notary Public in and for the above -named county and state, personally appeared John A. Belden, to me personally known, who being by me duly sworn, did say that he is the President of RBD IOWA CITY LLC, executing the within and foregoing instrument by authority of RBD IOWA CITY LLC and that the said John A. Belden acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it and by him voluntarily executed. Notary Public in and for the State of Tennessee 10 -�'I EXHIBIT "A" LICENSED INTERIOR EASEMENT PLAT 11 j�' Kind: AGREEMENT Do 0 'D' Recorded: 12/30/2009 at 10:67:28 AM Fee Amt: $39.00 Paoe 1 of 7 Johnson Count' Iowa Kim Painter Countv Recorder BK4543 Po827 -833 STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) !'^ 1-4 � :r NI �. Stu 1'Q CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (3 19) 356 -5000 (319) 356 -5009 FAX wwWJCgov.org On the 21St day of October, 2008, Exhibit A was approved by Resolution 08 -316, and previously recorded unsigned in Book 4360, Pages 382 -395 on October 24, 2008. I, Marian K. Karr, City Clerk of the City of Iowa City, Iowa, do hereby state that the attached Exhibit A is now fully executed for recording. Dated at Iowa City, Iowa, this 28th day of December 2009. Maria a--K. Karr City Clerk \material �1 EXHIBIT "A" LICENSE AGREEMENT FOR THE TEMPORARY USE OF A PEDESTRIAN ACCESS EASEMENT BETWEEN THE CITY OF IOWA CITY, IOWA AND RBD IOWA CITY LLC This Agreement ( "Agreement ") is entered into between RBD Iowa City LLC, a Delaware limited liability company, (hereinafter "RBD" and /or "Owner ") and the City of Iowa City, an Iowa municipal corporation ( "City "). WHEREAS, RBD is the current owner of the Sheraton Hotel located at 210 Dubuque Street in downtown Iowa City, Iowa (the "Hotel "); and WHEREAS, in order to provide public pedestrian access between the Pedestrian Mall and Dubuque Street, there exists a certain Pedestrian Access Easement Agreement dated December 12, 1983, which is recorded at Book 726, Page 174, in the Recorder's Office of Johnson County, Iowa (the "Easement Agreement "), that grants the City (i) an interior pedestrian access easement through the interior of the Hotel that is approximately twenty -five feet (25') wide and is open twenty -four hours a day, seven days a week (24/7) (the "Interior Easement ") and (ii) an exterior public pedestrian access easement along the western wall of the Hotel that is approximately twelve and one -half feet (125) wide and is open twenty -four hours a day, seven days a week (24/7) (the" Exterior Easement "); and WHEREAS, RBD desires to make certain improvements to the Hotel, including but not limited to the expansion and enhancement of the lobby and the improvement of security and climate control (collectively, the "Improvements "), and to that end, requests that the City agree to issue a revocable license over a portion of the Easement Agreement which allows the Hotel to occupy a portion of the Interior Easement, effectively reduces the width of the Interior Easement from its present width to approximately twelve feet (12') and allows the Hotel to close access through the Interior Easement between the hours of 11:00 p.m. and 6:00 a.m.; and WHEREAS, the parties to this Agreement desire to memorialize their agreement regarding their respective responsibilities and duties under a license agreement for the temporary use of a portion of the Interior Easement. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, CONDITIONS AND WARRANTIES CONTAINED HEREIN, IT IS AGREED AS FOLLOWS: 9 1. The City hereby issues a temporary license for a portion of the Interior Easement, thereby effectively reducing the width of the remaining easement area to approximately twelve feet (12'), as depicted on Exhibit "A ", attached hereto and incorporated herein (the "Licensed Interior Easement "). This license also alters the Owner's obligation to provide pedestrian access through the Interior Easement on a twenty -four hour, seven days a week (24/7) basis and allows the Owner to control access over the entire Interior Easement between the hours of 11 p.m. and 6 a.m., seven days a week. The City hereby retains all other rights and interest in the Interior Easement as per the terms set forth in the Easement Agreement. The Parties expressly agree and acknowledge that this License Agreement shall not, by operation of the doctrine of merger or any other theory, permanently reduce or alter the City's rights and interests in the Interior Easement as set forth in the Easement Agreement. 2. Notwithstanding the above, the Owner agrees to cease and desist its use, occupancy and control over any portion or all of the Licensed Interior Easement and to remove any and all improvements, obstructions or debris from the Licensed Interior Easement upon the occurrence of any one of the following events and the determination by the City that, as a result thereof, the License shall be revoked in whole or in part: a. Owner or any successor undertakes a major redevelopment of the Hotel, whether or not such major redevelopment is at the Owner's sole discretion or the result of the damage or destruction of the Hotel by fire, explosion, act of God, or public enemy; for the purposes of this Agreement, "major redevelopment" shall mean a project in which all or substantially all of the existing Hotel is demolished and re -built over a consecutive three (3) year period from the time the first building permit is issued. For the purposes of this Agreement, "substantially all of the existing hotel" shall mean the demolition and rebuilding of seventy -five percent (75 %) or more of the existing physical structures at the time the first building permit is issued; or b. Owner or any successor decides in its sole discretion to convert the use of the Hotel to any principal use other than a hotel. In the event that any of the events described in paragraph 2 a. or b of this Agreement occur and the City determines that, as a result thereof, the License shall be revoked, in whole or in part, the City shall notify the Owner of such determination and the Owner shall be required to remove any and all improvements, obstructions or debris within the Licensed Interior Easement that, in the City's sole determination, interfere with the City's rights under the Easement Agreement and the License (in the event the License is revoked in part 7 Jk and not in whole). If Owner fails to remove any and all improvements, obstructions or debris from the Licensed Interior Easement as required in this paragraph, the City may remove such improvements, restore the area to its prior condition, and the cost thereof shall be billed to Owner for payment to City. Upon Owner's failure to pay said billing, the removal and restoration costs shall be certified to Johnson County as a statutory lien and assessed against the property and collected in the same manner as a property tax, as provided in Section 364.12(2)(e), Iowa Code (2007). 3. Owner agrees to indenmify, defend and hold the City harmless against any and all claims for bodily injury, death or property damage arising out of its actions, occupancy and use of the Licensed Interior Easement, including those of its contractors, subcontractors, agents, employees and assigns. Owner further agrees to carry Class II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million aggregate bodily injury, and $250,000 aggregate property damage with contractual liability coverage included. Upon request, Owner shall furnish a certificate of insurance evidencing said valid insurance coverage to City, which certificate must be satisfactory to the City. 4. Owner and City agree that no property right is conferred by this License and grant of permission to occupy and use the Licensed Interior Easement as outlined in paragraph 1. 5. This Agreement shall constitute a covenant running with the land, and shall be binding upon and shall inure to the benefit of the respective heirs, successors in interest, and assigns of both parties 6. This License Agreement for Temporary Use of a Pedestrian Access Easement shall be recorded in the Johnson County Recorder's Office at Owner's expense. Dated this day of 2008, Signatures on the folloeoing page. M Z1 :Je«�xbey 9 Dated this a day of October 200,$. RED IOWA CITY LLC. a Delaware limited liability company By: RBD IOWA CITY HOLDINGS LLC, a Delaware limited liability company, its Sole Member By: DIG Iowa City LLC, a Delaware limited liability company, its Manager By:� J(!! Belden, President CITY OF IOWA CITY, IOWA Bailey, Mayor Attest:. Marian K. Karr, City Clerk CITY ACKNOWLEDGEMENT STATE OF IOWA ) )ss: JOHNSON COUNTY ) 0ec1 b Cr , 'av o q On thisaa�d day of 94ober, 20l*, before me, the undersigned, a Notary Public in and for the above -named county and state, personally appeared Regenia D. Bailey and Marian K. Karr, to me personally known, who being by me duty sworn, did say that they are the Mayor and City Clerk, respectively, for the City of Iowa City, Iowa, executing the witlun and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. �V Notary blic in and r the State of Iowa • I r 9 1 9 RBD IOWA CITY LLC, ACKNOWLEDGEMENT STATE OF TENNESSEE ) )ss: COUNTY OF SHELBY ) On thisO`>r day of October, 2008, before me, the undersigned, a Notary Public in and for the above -named county and state, personally appeared John A. Belden, to me personally known, who being by me duly sworn, did say that he is the President of RBD IOWA CITY LLC, executing the within and foregoing instrument by authority of RBD IOWA CITY LLC and that the said John A. Belden acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company, by it and by him voluntarily executed. Notary Public in and f he ®�.` « ° ° ° ° °•w° %@a�e�_ State of Tennessee z; 10 �V im 0 -n x 11H, 0 it --- -- ------- cn NX go �V Yd < 0 q -on m m C7 0 SSSq IT. Doc ID: 021313990044 Tvoe: GEN Recorded: 11/05/2008 at 10:45:40 AM Fee Amt: $222.00 Page 1 of 44 Johnson Countv Iowa Kim Painter Countv Recorder BK4363 P486 -529 f �al STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No.08 -323 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3`d day of November, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4`h day of November, 2008. Mari— _a1Karr City Clerk Ves �JZ t Mari— _a1Karr City Clerk Ves �JZ Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 08 -323 RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 13, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, the City built a 2 -unit residential condominium structure at 920 Longfellow Place and 928 Longfellow Court on Lot 13 of Longfellow Manor; and WHEREAS, the City intends to sell each unit to an income - eligible family as part of its Affordable Dream Home Program; and WHEREAS, a Declaration of Condominium Regime must be executed and recorded prior to completion of a sale; and WHEREAS City staff has prepared and approved of a Declaration of Condominium Regime and recommends it be approved and executed. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and City Clerk are authorized and directed to execute and attest respectively the Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises - Lot 13, Longfellow Manor Condominiums. 2. The City Clerk is directed to record said declaration at cost to the City. Passed and approved this 3rd day of November 2008. ATTEST: Approved: CITY CLERK City Attorney's Office CORPORATE SEAL �l Resolution No. 08 -323 Page 2 It was moved by champion and seconded by o'nonnell the Resolution be adopted, and upon roll call there were: AYES: x x x x x x wpdala/glossarylresoluUm- ic.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright IL, Prepared by & Return To: Susan Dulek Asst City Attorney, 410E Washington St Iowa City, IA 52240 (319) 356 -5030 DECLARATION OF SUBMISSION OF PROPERTY TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF PREMISES LOT 13, LONGFELLOW MANOR CONDOMINIUMS This Declaration of Submission of Property to the Horizontal Regime is made and executed in Iowa City, Iowa, the day of November, 2008, by the City of Iowa City, an Iowa Municipal Corporation, hereinafter referred to as "DECLARANTS ", pursuant to the provisions of the Horizontal Property Act, Chapter 499B, Code of Iowa (2007). WITNESSETH: WHEREAS, DECLARANTS are the owners of certain real property located in Iowa City, Iowa, and more particularly described as follows: Lot 13, Longfellow Martyr, Iowa City, Iowa according to the plat thereof recorded in Book 35, page 274, Plat Records of Johnson Comity, Iowa. WHEREAS, DECLARANTS are the owners of the above - described real estate and buildings and other improvements to be constructed upon said real estate and it is the desire and the intention of the DECLARANTS to divide the Project into Condominiums and to sell and convey the same to various purchasers, pursuant to the provisions of the aforesaid Horizontal Property Act, and to impose upon said property mutually beneficial restrictions, covenants, and conditions; and WHEREAS, DECLARANTS desire and intend by filing this Declaration to submit the above - described property and buildings and other improvements constructed thereon, together with all appurtenances thereto, to the provisions of the aforesaid Act as a Condominium Project. NOW, THEREFORE the DECLARANTS do hereby publish and declare that all property described above is held and shall be held and conveyed subject to the following covenants, conditions, uses, limitations and obligations, all of which are declared and agreed to be in furtherance of a plan for the improvement of said property and the division thereof into condominiums and shall be deemed to run with the lane( and shall be a burden and a benefit to DECLARANTS, their successors and assigns and any person acquiring or owning an interest in the real property and improvements, their grantees, successors, Heirs, executors, administrators, devisees and assigns. ?;t� ARTICLE I. DEFINITIONS 1. DECLARANTS. The term "DECLARANTS" shall mean the City of Iowa City, an Iowa Municipal Corporation having made and executed this Declaration. 2. DECLARA'T'ION. The term "DECLARATION" shall mean this instrument by which Lot 13, Longfellow Manor Condominiums is established as provided under the Horizontal Properly Act. 3. PROJECT. The terns "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 (1) Building which will contain two (2) units, 920 Longfellow Place and 928 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 (perintetric) 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 tipper 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 13, 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 3 Zi 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 Condominium 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 Document. ARTICLE II. DESCRIPTION OF LAND, BUILDING AND UNITS 1. Description of Land. The land submitted to tine Regime is located at 920 Longfellow Place and 928 Longfellow Court, Iowa City, Johnson County, Iowa, and is legally described as follows: Lot 13, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in Book 35, page 274, Plat Recoils of Johnson County, 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, two bathrooms, and a front porch and patio or deck. Both units include a 2 -car garage. The plans of the building and the two units are attached as Exhibit "C," and the Engineer's Certificate for the plans is attached as "Exhibit E." ARTICLE III. OWNERSHIP INTERESTS 1, 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 air 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 Connnon 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 Coalition 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 correction 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 (1/2). 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 (1) 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; and 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 support of a Building is burdened with an easement of such support for the benefit of all such other Units; (d) Through the Units and connnon areas for conduits, ducts, plumbing, wiring and other facilities for the furnishing of utility or other services to the other Units in the cormnon areas. ARTICLE IV. LIMITED COMMON ELEMENTS 1. 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 separates the units, said plane being extended to meet the side boundary lines of the lot on which such unit is located and is part of the real estate which is covered by this declaration. Each limited connnon 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. DECLARANTS' RESERVED RIGHTS AND POWERS 1. Declarants' 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 maintain 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 sale 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 perpetual easements for ingress, egress and utility purposes as may be required across and under the land submitted hereby. 311' ARTICLE VI. MANAGEMENT OF THE REGIME 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 13, Longfellow Manor Condominiums Owners Association." A copy of its Bylaws is attached hereto, marked Exhibit "D" incorporated herein. 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 (2007). 2. Compliance. All owners, tenants, families, guests 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 lawfidly 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 injunctive 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 2007 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 on 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 Ire 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 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 upon Assignment. The share of a member in the funds and assets of the Association cannot be assigned, hypothecated or transferred in any nnanner 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 Association 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 taken to comply with any law, ordinance or orders of a goverrmiental authority. 9. Arbitration of Differences. Iu the event any dispute arising that concerns any matter to be determined by the members of the Association results in a 1 to 1 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 a 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. 52 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 of Directors of the Association: (a) "Maintenance" or "repair" shall mean the act of maintaining, restoration, renovation, reconstruction, replacement, rebuilding and similar 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. Alahntenance 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 beating and air conditioning unit serving such 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 casualty, 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, roofing 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 scheme 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 q;Z 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 such Unit. ARTICLE VIII. CONDITIONS OF AND RESTRICTIONS ON OWNERSHIP, USE, AND ENJOYMENT 1. 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 tine 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 or 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 Condominium 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 regulations of the Association, and firrther 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 tine 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 refinse 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 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 common 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 Hiles 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 correction 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 assessments, and of any suit or other proceeding which may affect the title to his or her Unit, within ten (10) days after the lien attaches or the Owner receives �)v 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 (2007), 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 CASUAL'L'Y I. 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 owner's 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 tine terms of this declaration. 3. Personal Liability on Individual Units. An Owner may cant' 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- OWnen's 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 to Mortgage. Each 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 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 Mortgagee 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 cared within thirty (30) days. (b) Rights of Mortgagees under Foreclosure Each holder of a First Mortgage encumbering any Unit which tonnes 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 tine posting of signs pertaining to the sale or rental of such Unit. (c) Mortgages Free and Clear of Lien Any First Mortgagee who obtains title to a Unit, pursuant to the remedies provided in the Mortgage or foreclosure 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: (1) 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 m allocating distributions of hazard insurance proceeds or condemnation awards, or (ii) Determining the pro rata share of ownership of each Unit 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 easements 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 for 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) Mortgagees' Rights. 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. (f) Maintenance Reserve Fund. The Board shall establish and fund out of regular monthly assessments a reserve fiord for the periodic maintenance of the Common Elements in such amounts as the Board deems reasonable to provide for such expenses. (g) Working Capital Reserve Fund. The Board shall establish and fund out of regular monthly assessments a reserve find for working capital needs equal to at least two (2) month's Common Area assessments for each Unit. This f nd 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 Upon Damage. In the event of substantial damage to or destruction of any Unit or any part of the Common Elements, the Mortgagee 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. Q) Condemnation. If any Unit or portion thereof or the Common Elements or any portion thereof is 3� made the subject matter of any condemnation or eminent domain proceeding or is otherwise 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 Meetings. 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 1. Procedure. The Condominium maybe terminated in the following manner, in addition to the manner provided by the Horizontal Property Act: (a) Destruction. In the event it is determined in the manner elsewhere provided that the Building 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 of Iowa (2007). (b) Agreement. 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 49913.8 of the Code of Iowa (2007). It shall be the duty of each Unit Owner and his or her respective lien holder to execute and deliver such instrument and to perfornn all acts as in nnamner 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 tine 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 tine 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 tine property, if any, shall be considered as one fnd 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 10 'V 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) Bylaws. 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 Recording. 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 (2007). 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, nor 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 affirmatively join in the adoption of such amendment. IN WITNESS WHEREOF, Declarants have executed this Declaration the day and year first above written. CORPORATE SEAM City Clerk Approved: CITY ACKNOWLEDGMENT STATE OF IOWA ) ss: JOHNSON COUNTY ) City Attorney's Office On this 3 ra day of �110QPMAFl2- 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey 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. SONDRAE FORT i Commission Number 159791 My Cam 'scion Expires ow Notary Public - State of Iowa 11 EXHIBIT "All General Specifications for O q p9p-5) Lot 13 &16 Longfellow Subdivision 842/922 Longfellow Court and 840/920 Longfellow Place Iowa City, Iowa GENERAL REQUIREMENTS A. General These specifications are the "Streamline" type and, therefore, omission of many such words as "the Contractor shall; the; a; according to the plans; all; etc." is intentional. In all cases, however, omitted words shall be supplied by inference when interpreting any instructions or directions in the specifications. All materials and equipment shown or specified on the plans or in the specifications, or required to complete the project ready for operation shall be provided and securely installed in place by the Contractor. Provision and installation of materials and equipment shall include everything required for perfect performance, regardless of omission of specific reference on the plans or in the specifications. Materials and equipment in the project shall be new. Workmanship shall be first class. The plans and specifications are basic, and they are presumably correct and complete. Any ambiguity, error or omission which may develop as a result of the requirements of the particular project shall be brought to the attention of, and corrected with the approval of the owner. The Contractor shall comply with all applicable laws of the City of Iowa City and shall be responsible for payment of fees for any permits and licenses required. The building and all related permit fees will be waived by the City. In the event of a conflict between various codes and manuals, the more stringent requirements shall be followed. The project shall be completed by September 1, 2008. The project is the construction of two (2) duplex structures; therefore, the General Specifications would be applied to each dwelling unit. Contractor's Responsibility Contractor is expected to provide and pay for: a. All labor, materials and equipment. b. Tools, construction equipment and machinery. C. Other facilities and services necessary for proper execution and completion of work. d. Legally required sales, consumer and use taxes. e. Permits, Government Fees and Licenses. Contractor is required to give all required notices, comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on- performance of this work. �'7/ C. Contractor is to promptly submit written notice to the owner of observed variance of Contract Documents from legal requirements. 4. Contractor is to enforce strict discipline and good order among employees. Contractor is not to employ unfit and unskilled persons for the assigned tasks. Neither the Contractor nor his /her subcontractors shall employ any persons whose physical or mental condition is such that his /her employment will endanger the health and safety of himself /herself or others employed on the project. The Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: To discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such disability is related to job performance of such person or employee. To discriminate against any individual in terms, conditions, or privileges of employment because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age or disability unless such disability is related to job performance of such person or employee. 5. It is deemed that each Contractor shall have acquainted himself /herself with the site and conditions under which construction is to be carried on in accordance with the plans and specifications. The Contractor will be held responsible for damage to new or existing work or property caused by improper execution of work or failure to take necessary precautions to prevent damage, and he /she shall repair or replace such damage to the satisfaction of the owner. Insurance Certificate of Insurance; Cancellation or Modification: a. Before commencing work, the Contractor shall submit to the Owner for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. b. The Contractor shall notify the Owner in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. C. Cancellation or modification of said policy or policies shall be considered just cause for the Owner to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performed on the contract. �jU 2. 3. Minimum Coverage: Any policies or policies of insurance purchased by the Contractor to satisfy his /her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage (1) Comprehensive General Liability (2) (3) (a) Bodily Injury (b) Property Damage Motor Vehicle Liability & Property Damage Insurance: (a) Bodily Injury (b) Property Damage Class II Each Occurrence Aggregate $500,000 $1,000,000 250,000 Per Per Person Accident $500,000 $1,000,000 250,000 Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement, and such coverage amount shall not be subject to reduction or set off by virtue of investigation or defense costs incurred by Contractor's insurer. b. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the Owner. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. C. If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. The Owner prefers that Contractor provide it with "occurrence form" liability insurance coverages. If Contractor can only provide "claims- made" insurance coverages, then the Contractor must comply with the following requirements: '9 J (1) If the Contractor changes insurance carriers, or if Contractor's insurance coverage is cancelled, during the contract period or within two years after completion of the Contract and Owner's acceptance of the work, Contractor agrees to immediately notify the Owner of such event. (2) If Contractor's insurance is cancelled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. (3) If, during said period, Contractor involuntarily changes insurance carriers, or is required to obtain replacement coverage from another carrier, Contractor shall either purchase "tail" coverage from its first carrier effective for a minimum of two years after inception thereof, or (2) purchase "prior acts" insurance coverage from its new carrier, covering prior acts occurring during the period of this Contract from and after its inception. (4) "Tail" or "prior acts" coverages so provided shall have the same coverages, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self- insured retention than the insurance which it replaces. (5) The Owner reserves the right to waive any of the insurance requirements herein provided. The Owner also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contract to the next low bidder, or declare a default and seek specific performance or termination, as the case may be. (6) In the event that any of the policies of insurance or insurance coverages identified on Contractor's Certificate of Insurance are cancelled or modified, or in the event that Contractor incurs liability losses, either due to activities under this Contract or due to other activities not under this Contract but covered by the same insurance, and such loses exhaust the aggregate limits of Contractor's liability insurance, the Owner may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. 4. Hold Harmless; Endorsement Required: The Contractor shall indemnify, defend and hold harmless the Owner, the City of Iowa City, and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting ��2 from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. b. The Contractor is not, and shall not be deemed to be, and agent or employee of the City of Iowa City, Iowa. D. Cooperation and Coordination The Contractor shall cooperate with the Owner, Owner's Representative, and other contractors, if any, to ensure rapid and accurate completion of the work, and he /she shall assist the Owner in coordination. E. Temporary Facilities 1. The Contractor shall maintain any office, storage facilities, or protection required by his operators. 2. Temporary facilities and products shall conform to the codes, ordinances, and requirements of all regulatory agencies having jurisdiction over the project. Agencies included, but not limited to: a. O.S.H.A. b. State of Iowa C. City or Municipality of project d. Uniform Building code - most current edition 3. Contractors shall consult with utility companies and include in their bid any costs for connection, extensions, relocations, installation, and removal of any temporary facilities, such as sewer, water, gas, electrical, telephone, cable TV, etc. 4. Access to the site shall be coordinated with the Owner. 5. Contractor shall protect existing facilities and repair any damages to the satisfaction of the Owner. 6. Contractor will provide electric power, water and phone for the duration of the project. Contractor shall provide temporary heat if required. Contractor shall provide stoves, salamanders, furnaces, or "Herman Nelsons" with self contained fuel supplies to maintain temperatures required during cold weather. During concrete and masonry work, temperatures above +32° F shall be maintained in enclosures. Temperatures shall be elevated for sheet rocking and painting to material manufacturer's recommendations and maintained thereafter. Temporary heat shall cease when permanently installed hearing units are useable. 8. Contractor shall provide his own on -site portable toilet or otherwise comply with O.S. H.A. regulations. 9V Substitutions Contractor shall prepare base bid with the intent of furnishing materials and equipment as specified. If materials or equipment cannot be furnished as specified, substitute materials or equipment capable of equal performance may be used UPON WRITTEN APPROVAL OF THE OWNER. If substitutions are to be made after a construction contract has been approved, the contract shall be amended accordingly by a contract amendment to provide for the change. 3. In making a request for substitution, the supplier /contractor represents: a. Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. b. Contractor will provide the same guarantee for substitution as for products or method specified. C. Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be completed in all respects. 4. Substitutions will not be considered if: a. Acceptance will require substantial revision of Contract documents. G. Standards Reference made to standards of the American Society of Testing Materials (ASTM), A.G.A., NBFU, Underwriters Laboratories, American Institute of Electrical Engineers, N.E.M.A., and the National Electrical Code, and other similar organizations and publications, refer to specifications of latest revision. All work shall be in strict accordance with Codes and Statutes of the State of Iowa; codes, statutes, ordinances and resolutions of both the city and county; and other local codes as applicable. Additionally, all work shall meet the requirements of the local gas and electric utilities, and the Owner's insurance companies. Should any work on drawings or herein be contrary to above, the work shall be executed in accordance with said ordinances, statutes, code and requirements, but not until the points in question have been referred to the Owner for approval. H. Proiect Close Out When the Contractor considers the project complete and in acceptable operating condition, he /she shall notify the Owner. The Owner shall then make the final inspection and tests to determine that to the best of his /her knowledge, the project is complete and erected in accordance with the Contract, including any amendments thereto. Should the Owner consider ) J the work not complete, he /she shall immediately notify the Contractor. The Contractor shall then complete incomplete areas and notify owner. Owner shall then re- inspect facilities. 2. Contractor shall provide the following Close Out Submittals: a. Operation and maintenance data. b. Guarantees, warranties and bonds. C. Certificates of Inspection. d. Contractor's affidavit of payment of debts and claims. e. Contractor's affidavit of release of liens. f. Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owners, together with list of those parties. g. Iowa St -172 Sales Tax Form for Owner's use. Cleaning Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations. 2. At completion of work, remove waste materials, rubbish, tools, equipment, machinery and surplus materials, and clean all sight- exposed surfaces. Leave project clean and ready for occupancy. 3. Contractor shall obtain necessary permits, if required, from City and /or County for disposal of construction wastes and debris. Disposal shall be in lawful facilities. J. Safety Requirements Construction and clean -up must meet all requirements of the Standards issued pursuant to Public Law 91 -596 (29 U.S.C. 65), "Occupational Safety and Health Act of 1970 ". K. Cutting and Patching Contractor shall perform all cutting and patching (also excavation and backfill) required due to obstructive existing conditions, ill timed or poorly executed work, and testing or inspection requirements. Contractor shall restore all patched surfaces to their original or to better condition and shall make adequate provision for the protection of all surrounding work and provide for adequate public safety. Patched areas shall match existing adjacent areas in appearance. Contractor shall not cut structural members without prior written approval of the Owner. L. Contract Compliance Program For all contracts and subcontracts of $25,000 or more, the Contractor and all affected subcontractors shall abide by the requirements of the City's Contract Compliance Program, which is included with these specifications. J2 KI H 91 0 C. Q Working Days Except for such work as may be required to properly maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Owner. Work During an Emergency The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he /she shall notify the Owner of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. Exposing Utilities The Contractor shall expose all utilities at the request of the Owner for purposes of investigation. This work shall be considered incidental to the Contract and no additional compensation shall be granted. If a utility is encountered during construction, the utility shall be protected. If a utility is damaged by the Contractor during construction, the utility shall be repaired by the Contractor at no cost to the City. Minor Work Any minor work not specifically mentioned in the Specifications or shown on the plans, but obviously necessary for the proper completion of the work shall be considered as being a part of and included in the Contract and shall be executed in the proper manner and the Contractor shall not be entitled to extra or additional compensation for the same. Release of Claims The Contractor shall deliver to the Owner a complete release of all claims arising out of this Contract before the final pay estimate is paid. If any claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner such amounts as the Owner may have been compelled to pay to discharge such claims, including all costs and a reasonable attorney's fee. Sales Tax The City of Iowa City is exempt from all Federal, State of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out -of -state suppliers as required. Out -of -state taxes imposed on purchases of commodities and /or services which are used within another state are applicable and subject to payment. Contractors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Contractor shall provide the necessary Iowa Department of Revenue Contractor's Statement 8 91 (one contractor's statement for each subcontractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. Contractors and subcontractors shall pay all legally required sales, consumer and use taxes on all commodities and /or services purchased or rented to complete their contract. S. Guarantee Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished for a minimum period of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, any defects or signs of deterioration are noted which in the Owner's opinion are due to faulty design, installation, workmanship, or materials, the Contractor, upon notification and at his /her expense, shall repair or adjust the equipment or parts to correct the condition or he /she shall replace the part or entire unit to the complete satisfaction of the Owner. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the Owner as least detrimental to the operation of the Owner's business. Regardless of any statement to the contrary, the Contractor agrees that the implied warranty of merchantability and fitness for a specific purpose is not disclaimed. T. Payment Provisions Payment Terms. Payment may be made only after inspection and acceptance by the owner. No partial payments shall be made unless otherwise authorized by the Owner, or unless commodities were constructed, erected, installed or tested on site, in which case, payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance of the Owner. 2. Withholding Payment. Consideration for withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulation and limitations imposed by the Federal Government and State of Iowa shall prevail. 3. Invoicing. Following acceptance, payment shall be made within thirty (30) calendar days from receipt of proper invoice. Invoice shall include department name, dollar amount, and any other pertinent information. Submit invoice in duplicate to: Iowa City Housing Authority Attention: Doug Boothroy Civic Center - 410 E. Washington St. Iowa City, Iowa 52240 9 ?�r� U. Note 1. Final colors and manufacturers to be approved by the Owner. 2. All quantities and locations shall be as indicated on the plans. 2. SITEWORK A. Excavation 1. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. 2. Material storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade, and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. Dispose of excess soil materials and waste materials as herein specified. 3. Cold weather protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35 °F (1 1C). 4. Over excavation and backfill procedure (if required): a. Where unsuitable bearing material is encountered below design footing level, overexcavate as shown above. b. Minimum depth D =W for continuous footings and minimum depth D=1/2 W for isolated footings. C. Place fill below footing level in 9 -inch loose lifts. B. Backfill and Fill 1. General: Place acceptable solid material in layers to required subgrade elevations, for each area classification listed below: a. In excavations, use satisfactory excavated or borrow material. b. Under walks and pavements, use subbase material or satisfactory excavated or borrow material, or combination of both. C. Under building slabs, use granular base fill material. d. Around foundation drainage tile, use drainage fill material. 2. Backfill excavations as promptly as work permits, but not until completion of the following: a. Acceptance of construction below finish grade, including, where applicable, damp - proofing and waterproofing is required. b. Inspection, testing, approval underground utilities. C. Removal of trash and debris. and recording locations of 10 ?' C. Grading Site shall be shaped to rough grade profiles and contours to ensure desired site surface drainage. Final grading, ready to receive sodding. 2. Grade areas adjacent to building lines to drain away from structures and to prevent ponding. 3. Entire lot to be sodded. D. Site Utilities Description a. This section covers the installation of the following utility service items for utility main lines to the building. 1. Water service. 2. Sanitary sewer service. 3. Electrical and phone service by others. 4. Subsurface drainage system. b. Any items not specifically noted, but reasonably necessary for a complete installation, shall be furnished and installed under this Contract. 2. Codes and Permits Materials and installation shall conform to all state and local codes and regulations governing the trades included in this work. Requirements of these plans or specifications, not conflicting therewith, but exceeding code requirements shall govern. The Contractor shall obtain all necessary permits required for this work. He /she shall also arrange for all inspection, examinations, or approvals required by governing ordinances thereof. Should Contractor fail to coordinate this before backfilling, he /she will open the work for inspection at no additional cost to the Owner. 3. Products a. Water Services All piping and fittings for service (as shown on drawings) shall be Copper Tubing Type "K" deoxidized, ASTM 68871 hard tubing with brass fittings as manufactured by Mueller, American or Revere Brass Company. b. Sanitary Sewer Services Sanitary sewer piping shall be standard strength, vitrified clay sewer tile, cast iron sewer pipe, or rigid PVC Schedule 40 sewer pipe. C. Electric and Telephone Services 11 5i/ 3. 9 1. Electric and telephone service from the main lines to the structure are to be coordinated with the relevant local utilities. The Contractor shall be responsible for contacting representatives of these utilities and coordinating the installation by the utilities of these permanent services, so that they are in place at the time of final acceptance of the project. E. Waterproofing: 4' ADS footing drain between back foundation walls to terminate at grade. CONCRETE A. Foundation: Concrete walls 8" thick on an 8 "x16" continuous footing (see Foundation Plan). B. Garage Floor: 4" concrete with re -rod 24" on center. Trowel finish. C. Basement Floor: 4" concrete over poly -vapor barrier. Trowel finish. D. Driveway: 4" concrete with re -rod 24" on center entire width of garage. Light broom finish. E. Walks: 4" concrete. Light broom finish. NO WORK 5. NO WORK WOODS & PLASTICS A. Exterior Wall: 2x6 studs, 16" on center with 7/16 OSB sheathing, Tyvek house wrap, vinyl lap siding. B. Interior Walls: 2x4 studs, 16" on center. C. Roof System: Pre - engineered roof trusses or "I" joists 24" on center as noted on plans with 15/32" OSB sheathing. D. Floor System: No. 2 Douglas Fir lumber and "I" joist at 16" on- center as noted on plans with %" tongue and groove subfloor. E. Millwork: 1. Lumber shall be sound and dry, selected for compatibility of grain and color and containing no defects that cannot be concealed by finishing methods for stained transparent finish. 2. Scribing and joining shall accomplish hair -line joints. Finish trim corners shall be mitered, trim other than finish may be butted. 3. Pre- finished wood baseboard to match interior doors, frames and casing shall be nominal 3" high. 12 �2 F. Cabinetwork: 1. Grade: a. All cabinets shall bear the label of an independent inspection agency that maintains continuous control over the testing and inspection of the cabinet. The label shall identify the manufacturer's name or symbol and indicate compliance with the applicable standards. 2. Species: a. Exposed members shall be oak or maple with veneered portions plain sliced. 3. Hardware: a. The cabinet manufacturer shall furnish and install cabinetwork hardware. 4. General: a. Face frames and cabinet doors shall be not less than W thick hardwood. b. Cabinets shall be constructed with horizontal lumber webframes, vertical plywood walls, or panels or lumber faceplates. Cabinet C. Cabinet bottom shall be minimum ' /z" thick except in sink unit where '/d' tempered hardboard may be loose set on web frame for access to service lines. d. Cabinet backs shall be 1/4" minimum thickness plywood or hardboard. In base cabinets where no drawers occur, backs may be made removable from the interior of the cabinet. e. Drawer bottoms shall be 1/4" minimum thickness plywood. f. Drawer sides shall be beveled top edges and plowed bottoms to receive drawer bottom. g. Fixed web frames and shelves shall be joined to ends or vertical dividers with stop dado. h. Adjustable shelves shall be supported on surface applied shelf standards and brackets. Both edges but not ends of adjustable shelves shall be edged with hardwood. Shelves shall be 5/8" minimum thickness. i. Countertop assemblies shall consist of plastic laminate over plywood or other approved material. Sink cut -outs shall be made by templates provided by sink supplier. Edges of cut -outs shall be permanently sealed to prevent water absorption. 13 �'l Flush type doors shall be 3 /a" thick for maximum size 36" wide by 48" high or oak or maple wood. k. Bases shall be solid oak or maple (matched to cabinet) only, set to provide a toe space 2 -1/4" deep by 4" high above finished flooring material for cabinets. Where similar individual units are assembled together into one integral items, the base may be solid yard lumber securely attached to the floor as a single unit. I. Cabinetwork shall be pre- finished by the manufacturer. M. Stain colors, wood types and cabinet patterns shall be selected by the Owner from the manufacturer's full palette. (1) Manufacturers: BRAMMER; KITCHENCRAFT, ENCORE, OMEGA, OR APPROVED MANUFACTURER. G. Closet Shelving: Vinyl coated wire shelving in all closets. One shelf in laundry closet. THERMAL AND MOISTURE PROTECTION A. Foundation: Hydrocide or other approved material waterproofing applied to exterior concrete walls below grade. Building Insulation: 2" extruded polysterene perimeter foundation insulation Exterior walls; 6" R -19 Friction fit batts. House to garage wall; 3Y2' Kraft -faced stapled in place. Basement walls; minimum R -10. Flat lid; 12" blown -in Rockwool R -38. Baffles; placed in every other truss. C. Shingles: 235# Certainteed Sealdon 25 asphalt shingles or approved equal. D. Siding: Double 4" Vinyl siding with aluminum soffits and fascia. E. Gutters and Downspouts: Seamless aluminum. DOORS AND WINDOWS A. Exterior Doors: Front door shall be a fiberglass insulated door with % glass — smooth, with accessible thresholds. Garage door to house - flush steel insulated door — smooth. Overhead door — Lot 13, 16'xT steel flat panel with a 1/3 HP operator and two transmitters. Lot 16, 16'xT steel flat panel with glass at top panel and a 1 -1/3 HP operator and two transmitters. 14 ]� B. Wood Doors: All interior doors shall be 1 -3/8" thick hollow core wood doors with wood frame. 2. Pre - finished doors and frames shall be pre -hung. 3. Doors shall be pre- bored, ready to receive door hardware. 4. Finish to be selected by owner. C. Windows: Vinyl double or casement hung by KOLBE VINYL WINDOWS or an approved equivalent with insulated glass and screens. D. Finish Hardware: 1. Entrance, privacy and privacy locks are SCHLAGE- GEORGIAN SERIES or an approved equivalent. Deadbolts at all entry doors. 2. All door levers are to be ADA compliant. 9. FINISHES A. Gypsum Wall Board: Ceilings - 5/8" sheetrock with three coats paint and a Knockdown texture. walls -' /" sheetrock with three coats tape and orange peel texture. Garage - one coat tape. B. Paint and Stain: Interior walls, including interior garage walls, are to be primed and finish coated. Interior window jambs, etc., are to be stained, sealed, and varnished. Entry doors are enamel coated. C. Floor Covering: Carpet Style: CK043 CK043 Pile Yarn Content: Spun 100% polyester Yarn Twists per Inch: 5.0 x 4.8 Fabric Type: Cut pile Fiber Treatment: Mohawk approved polyester Gauge: 1/8 C Pile Height: .440 Stitches per Inch: 8.83 Finished Pile Weight: 39.50 oz. Total Weight: 71.00 oz. Density: 3232 Dye Method: Beck Primary Backing: Woven polypropylene Secondary Backing: Woven polypropylene FHA Information: MEA # 45694 Type:I Class:1 Type: 11 Class:1 15 �']/ Texture: F Performance Appearance Retention (PAR) Rating: 3.50 Indoor Air Quality #: 13427678 Flammability: Pill Test - 16CFR -1 630.4 (FF -1 -70): Pass a. MOHAWK INDUSTRIES, INC. b. Approved equal. 2. Sheet Vinyl Flooring: a. Colors and patterns: as selected by Owner from manufacturer's standards. b. Sheet vinyl flooring shall be residential grade with 0.060" minimum thickness. G. Pattern and color shall extend through full thickness, complying with FS L -F -475, Type II. d. Manufacturers: Armstrong, Congoleum, Tarkett, or approved equal. 3. Adhesives (Cements); Waterproof, stabilized type as recommended by flooring manufacturer to suit material and substrate conditions. 4. Leveling Compound: Latex type as recommended by flooring manufacturer. 10. SPECIALTIES A. Toilet And Bath Accessories 1. Toilet paper holder: Vinyl, by HEW[ or approved equivalent. Surface mount with screws on adjacent vanity base cabinet or wall mount. 2. Mirror: Lot 13, provide 34 "06" mirrors, and Lot 16, provide 46 "x48" mirrors at bathroom vanities. Install chrome - plated channel to support mirror along top and bottom edges. 3. Recessed medicine cabinet: mount no higher than 48" from base of cabinet floor. 4. Hand shower holder bar: Vinyl, by HEWI or approved equivalent. 5. Provide scald protection panel at vanities. 11. EQUIPMENT A. Appliances: 16 1'�1'l� 1. Wall Oven: Side -open wall oven by FRIGIDAIRE MODEL GLEB27S7CB or approved equivalent (Lot 16). 2. Cooktop: 30" electric cooktop with glass ceramic surface and controls located at front of unit (Lot 16). a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent 3. Free standing 30" electric range /oven or approved equivalent (Lot 13). 4. Range Hood: 30" ventilating type hood for mounting below wall cabinets, with 2 -speed fan, permanent washable filter, built -in lighting, baked -on enamel finish, rated at 160 cfm, minimum. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent 5. *Refrigerator /Freezer: Free - standing, side -by -side two door unit; automatic (self) defrosting freezer, separate refrigerator and freezer temperature controls; storage features including adjustable slide -out shelves, door shelves and in -door water and ice dispenser. Minimum capacity values, measured according to ANSI B 38.1 and, certified by ARAM, for refrigerator volume is 18 cubic feet, with 25.0 square feet of total shelf area. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent 6. *Dishwasher: Standard size built -in five -cycle dishwasher with a pots and pans cycle and temperature boost. Door shall be easy to open with no levers. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent * Shall have highest Efficiency Rating provided by the manufacturer and must be approved by the Owner. 12. NO WORK 13. NO WORK 17 �%� 15. PLUMBING A. Fixtures: Tub /shower: Fiberglass (white) with ADA compliant grab bar, waste and overflow drain. Ceramic tile roll -in shower with recessed floor or approved curbless fiberglass unit (white) Shower heads: Hand -held with adjustable holder bar and 60" hose Bath /shower faucet: pressure balanced with scald protection, ADA compliant valve lever, separate temperature control lever. Master bath toilet: (white) ADA compliant with stool seats (white). Bath 2 toilet: (white) with stool seats (white). Lays: (white) ADA compliant Lav faucets: Single -lever valve Kitchen sink: Stainless steel, two basins with waste and overflow drain. Kitchen faucet: Single -lever valve with integral hand -held sprayer. *Water heater Relief valve 2 exterior hose bibs B. HVAC *Furnace - gas fired forced air. *Air Conditioner - condenser with evaporator "A" coil, complete with refrigeration lines plenum adapter, condensate drain, controls, metalbestos chimney, vent pipe, combustion /ventilation air duct, gas piping, all supply air and return air distribution systems. Shall have the highest Efficiency Rating provided by the manufacturer and must be approved by the owner. 16. ELECTRICAL A. Electrical Service: Install a 100 AMP service of the breaker type entrance Electrical panel shall be mounted no higher than 54" above the floor All switches shall be the 15 AMP easy -touch rocker type mounted 42" above floor All plugs shall be ground type mounted 24" above floor All plates for switches and plugs All wiring to be grounded in Romex Pre -wires for telephones Pre -wires for television plugs Smoke detectors as required by Code Recessed kitchen can lights Ceiling fans with lights in dining and master bedroom Ceiling fan without light in living room Bedrooms 2 and 3 wired to accommodate future ceiling fan with light 2 Weatherproof exterior plugs Exterior recessed can lights 18 1 ?2.2 hisassl1842- 922 -Loft WG- longfellow- spec.doc 2 Bedroom ceiling lights Bath fan /lights Bath shower lights in roll -in shower Bath vanity lights Fluorescent kitchen under - cabinet lights Fluorescent closet lights Porcelain fixtures: 2 in garage Garage door opener Laundry to have 11 Ov washer and 220v dryer plugs Install wiring for gas furnace Install wiring for electric air conditioning. Hook up all electrical appliances — dishwasher, cooktop, and ovens Install a 30" vented hood 19 _�2 I Warms. 6v0.i �Om � yOm m0 �a f0 E rc a s�mde{ � �Sk9�G8 Z l i tan_oo _ M0��2=10NO-1 3 3OVld MO'Y13fJN0'l lad NV 00 �E£�8 EOOG�9L�6 EmP'�9L0£ZZ4�DOdz�'J ° `�� z �J Cl) Z � } FZ Hti LL O J v z a W= z O T =L � C E O p � O � d E mm TEc m� El 3m�� } 9 U � E6 F4 z FU ""�NEEHei:,,^,kflair O d W z O U of DUN z 1i111i �!Rd� ok E- s /� x c+> Z Q O _ v 3 3OVld MO'Y13fJN0'l S lad NV 00 �E£�8 EOOG�9L�6 EmP'�9L0£ZZ4�DOdz�'J Cw, `�� M Z W Cl) Z � } FZ C7 Z w O 0 it w m =L � C a v p ` V a ^Q aoa TEc m� � � 3m�� } 9 U � E6 m FU ""�NEEHei:,,^,kflair a W z O U of DUN z 1i111i �!Rd� ok s /� x c+> Z Q O _ v § ° o �/� wvJ °U4�4 yCS 8 v ZK � KZF m OOF �Z S 0 Cw, 0o V z w m fr a v p ` V a aoa TEc m� � � 3m�� } wV1 Iz � E6 3 6 FU ""�NEEHei:,,^,kflair s <, z 1i111i �!Rd� 0 Cw, w m rc p aoa m 3m�� } Iz � Zi FU a°p z �gza pzh zoa yCS ZK � KZF m OOF �Z 6¢ N Q Q Ew0¢ U >yN W OKp2 N ¢Q V W OaFZ W V° W Z O m OFNO } F �w K ¢ I pmm p i z w aQ ow O Z O °m ¢W o a <r 3w m w o w ?d zlw w LL _ ppm ti z o i O V ¢N °Wj J 0 o w wN iZ, n a a W rz 0 No, III b� II` �a 9100A INN,$ III R 6 11 3'. � R A O � p T Z T Z Z T p H N a n o m T A O m p A m m v z c � A A O yNm O � � O Z fop O � � � N n C Z N N -r4. e b O Z i O� O� FR N D NN N� O� O� c� c� zm zm ~O ~O z:E zZE c c �n An .D A EXHIBIT C" LOT 13 LONGFELLOW m p E8� p H§ z Untrauer's Drafting Service 1 2878 STERUNG ORME, IOWA CITY, IYNA 52240 (319) 536 -5966 ?;v 9 1 - \ _ - � . 1". €� . ( � � g E ( _ §� d q \ d � \ ] \ \ , [ , r ( - -- . ] _ r TIC ) , } � `< , -- ; ] / � \ ) �© § ` ; � - . z gaV t LOT , OG oMNm ___ ,2G_ Drafting s +2 U� 2' FOUNDATION PLAN /® 7)2/ E� Egg� xm ow w srtv xso-7 wIJ' _ _ E� E3 6� X X S >z >z BE Nm Nm N N 8� Cn Cn =m zm ~O �O Z� Z� C C LAM P� acid 111N A AxrLL pP a$8P� i� 39 F ° , e v �d RHO � ° r.1➢ 8 IN ggR gr o Al gRg•I X m 4 11'-4' ,k. y Iro ox w g ➢ N FF .m m xa x-wx w siw ww ox ➢ N phh D R 9 MVIBIT C° LOT 13 LONOFRLOW MANOR CONDOM/NI(JMS IOWA CITY IOWA l Untrauer Drafting Service, Inc, 2870 SiF NG WK, MA CITY, I M 52210 (319) 338 -5966 3 MAIN LEVEL FlOOR PLAN 7)2/ /!z r" - / CONC. WALL . / / ' � \ /^ \ ROOF » 4 »- ae� .> a a w� 2 a, CD /¢ _ e g � E \ - § ~ _ ) - _ a / / \. ^ r2g ROOF TRUSSES ( �e� ROOF _x � § RAKE [ ) Fw � ~� ( ROOF TRUSSES �^ § "DUGH-BUCK-FOUDUORRAKE A - ~5 A =EXHIBIT w LOT e__>_R__m,ew_ _ CITY, IOWA mA/s. __a_r�_w, /!z EXHIBIT °D" BYLAWS OF LOT 13, LONGFELLOW MANOR CONDOMINIUMS OWNER'S ASSOCIATION These are the Bylaws of the Council of Co- Owners for The Lot 13, Longfellow Manor Condominiums Owner's Association, an Association organized for the purpose of administering Lot 13, Longfellow Manor Condominiums, a horizontal property regime (condominiums) established pursuant to Chapter 499B of the 2007 Code of lows, as amended, located on the following land in the City of Iowa City, Johnson County, Iowa: Lot 13, 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 1. 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 lie 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 deenned to hold an ownership interest to such for purposes of voting 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 (1) 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 2007 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. 5. 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 1 to I vote, the members agree to first engage in good faith negotiations to resolve any such dispute. Iu 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 a judge of the District Court of Iowa in and �L 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. 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 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. 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 stated in the Declaration and these Bylaws provided such acts are not otherwise prohibited. IV. OFFICERS 1. The officers of the Association shall be tine 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 comninilted to the office by the Bylaws or by specific grant from the Council, 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 tine Association and shall keep or be in charge and control of the records of the Association and additionally as Treasurer have control of the fiords and other property of the Association and shall keep the financial books and records thereof. 5. Any instrument affecting all interest in real property may be executed by the President or Vice President and one other officer upon authorization of the Council or in such 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 49913.14 of the 2007 Code of Iowa, 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 only 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 1. 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 deenned 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. `J� 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 in the Horizontal Property Act, and as follows: 1. Person. The term "person" 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. Sineular, plural 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. �� U Prepared by: After recording return to: Kelly J. Beckler MMS Consultants, Inc. Sue Dulek City of Iowa City 1917 S. Gilbert Street Iowa City, Iowa 52240 410 East Washington Street Iowa City, Iowa 52240 EXHIBIT `B" ENGINEER'S CERTIFICATE Lot 13, Longfellow Manor Condominiums STATE OF IOWA ) ) ss: JOHNSON COUNTY ) 319- 351 -8282 319 - 351.8476 facsimile 319- 356 -5030 319- 356 -5008 facsimile I, Kelly J. Beckler, being first duly sworn on oath do depose and state the following: 1. That I am a Professional Engineer authorized and licensed to practice my profession in the State of Iowa. 2. That I have examined the building plans labeled as Exhibit "C ", Lot 13, Longfellow Manor Condominiums, Units 920 and 928 (920 Longfellow Place and 928 Longfellow Court, respectively). This certificate is to become Exhibit "E" to the Declaration of Submission of Property to Horizontal Property Regime for Lot 13, Longfellow Manor Condominiums (the Declaration). 3. That I hereby certify that said Building Plans diagrammatically represent, insofar as is reasonably possible to determine by use of nondestructive measurement techniques, Units 920 and 928 (920 Longfellow Place and 928 Longfellow Court, respectively), in Lot 13, Longfellow Manor Condominiums, and the common elements that the Declarant has constructed on the real estate described in the Declaration, except for the following: NONE Page I oft T:\3200\3223076\3223076gl -V.rtf bELIVERED SEP 1 G zoull 3I/ 4. That I am affiliated with MMS Consultants, Inc., the professional engineering consultant which prepared the attached Site Plan — Exhibit `B" locating Lot 13 Longfellow Manor Condominiums, Units 920 and 928 (920 Longfellow Place and 928 Longfellow Court, respectively). That as a licensed Professional Engineer, I hereby certify that said Site Plan is sufficient to determine with reasonable certainty the location of Lot 13 Longfellow Manor Condominiums, Units 920 and 928 (920 Longfellow Place and 928 Longfellow Cowl, respectively), and hereby certify that the Building and Units, as constructed, is located as indicated on said S' Plan. Kell eckler Iowa License Number 14624 My biennial license renewal date is December 31, 2008. SulFribed and sworn to before me by said Kelly J. Beckler this ( day of 2008. SANDRA S er 7 c� Commission Number 74,-999 MyCommlWon Tres Notary Public in and for the State of Iowa. duly 23, 20 . Page2 of2 DELIVERED SEP 1 0 2008 Ta3200�3223076\3223076g 1 -V.rtf 3v Doc ID: 021314040044 TVDe: GEN Recorded: 11/05/2008 at 10:58:15 AM Fee Amt: $222.00 Page 1 of 44 Johnson county Iona Kim Painter County Recorder 13K4363 PG534.577 Fv- STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a hue and correct copy of Resolution No.08 -324 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3`d day of November, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4th day of November, 2008. Marian Karr City Clerk \I-es 1 �p Prepared by: Susan Dulek, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 RESOLUTION NO. 08 -324 RESOLUTION APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A DECLARATION OF CONDOMINIUM REGIME FOR LOT 16, LONGFELLOW MANOR CONDOMINIUMS. WHEREAS, the City built a 2 -unit residential condominium structure at 840 Longfellow Place and 942 Longfellow Court on Lot 16 of Longfellow Manor; and WHEREAS, the City intends to sell each unit to an income - eligible family as part of its Affordable Dream Home Program; and WHEREAS, a Declaration of Condominium Regime must be executed and recorded prior to completion of a sale; and WHEREAS City staff has prepared and approved of a Declaration of Condominium Regime and recommends it be approved and executed. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and City Clerk are authorized and directed to execute and attest respectively the Declaration of Submission of Property to Horizontal Regime Establishing a Plan for Condominium Ownership of Premises - Lot 16, Longfellow Manor Condominiums. 2. The City Clerk is directed to record said declaration at cost to the City. Passed and approved this 3rd day of Approved'. ... v>, City Attorney's Office November , 2008. ATTEST: CITY CLERK CORPORATE SEAL 4e(3) 1Jj1 j Resolution No. 08 -324 Page 2 It was moved by champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: x x x x x x x wpdata/glossary /resolution- ic.doc NAYS: ABSENT: Bailey Champion Correia Hayek O'Donnell Wilburn Wright Prepared by & Return To: Susan Dulek Asst City Attorney, 410E Washington St Iowa City, IA 52240 (319) 356 -5030 DECLARATION OF SUBMISSION OF PROPERTY TO HORIZONTAL REGIME ESTABLISHING A PLAN FOR CONDOMINIUM OWNERSHIP OF PREMISES LOT 16, LONGFELLOW MANOR CONDOMINIUMS This Declaration of Submission of Property to the Horizontal Regime is made and executed in Iowa City, Iowa, the day of November, 2008, by the City of Iowa City, an Iowa Municipal Corporation, hereinafter referred to as "DECLARANTS ", pursuant to the provisions of the Horizontal Property Act, Chapter 499B, Code of Iowa (2007). WITNESSETH: WHEREAS, DECLARANTS are the owners of certain real property located in Iowa City, Iowa, and more particularly described as follows: Lot 16, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in Book 35, page 274, Plat Records of Johnson County, Iowa. WHEREAS, DECLARANTS are the owners of the above - described real estate and buildings and other improvements to be constructed upon said real estate and it is the desire and the intention of the DECLARANTS to divide the Project into Condominiums and to sell and convey the same to various purchasers, pursuant to the provisions of the aforesaid Horizontal Property Act, and to impose upon said property mutually beneficial restrictions, covenants, and conditions; and WHEREAS, DECLARANTS desire and intend by filing this Declaration to submit the above - described property and buildings and other improvements constructed thereon, together with all appurtenances thereto, to the provisions of the aforesaid Act as a Condominium Project. NOW, THEREFORE the DECLARANTS do hereby publish and declare that all property described above is held and shall be held and conveyed subject to the following covenants, conditions, uses, limitations and obligations, all of which are declared and agreed to be in furtherance of a plan for the improvement of said property and the division thereof into condominiums and shall be deemed to run with the land and shall be a burden and a benefit to DECLARANTS, their successors and assigns and any person acquiring or owning an interest in the real property and improvements, their grantees, successors, heirs, executors, administrators, devisees and assigns. ARTICLE I. DEFINITIONS L DECLARANTS. The term "DECLARANTS" shall wean the City of Iowa City, an Iowa Municipal Corporation having made and executed this Declaration. 2. DECLARATION. The term "DECLARATION" shall mean this instrument by which Lot 16, 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 (1) Building which will contain two (2) units, 840 Longfellow Place and 842 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 (pennetric) 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 tipper 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. Tine 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 16, 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 Condominium 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 Document. ARTICLE II. DESCRIPTION OF LAND, BUILDING AND UNITS 1. Description of Land. The land submitted to the Regime is located at 840 Longfellow Place and 842 Longfellow Court, Iowa City, Johnson County, Iowa, and is legally described as follows: Lot 16, Longfellow Manor, Iowa City, Iowa according to the plat thereof recorded in Book 35, page 274, Plat Records of Johnson County, 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, 2 bathrooms, and a front porch and patio or deck. Both units include a 2 -car garage. The plans of the building and the two units are attached as Exhibit "C," and the Engineer's Certificate for the plans is attached as "Exhibit E." ARTICLE III. OWNERSIIIP IN'T'ERESTS 1. 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 hnterest. 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 (1/2). 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 all 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 (1) 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; and 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 lours except in case of emergency; (c) Every portion of a Unit contributing to the support of a Building is burdened with an easement of such support for the benefit of all such other Units; (d) Through the Units and conmion areas for conduits, ducts, plumbing, wiring and other facilities for the firnishing of utility or other services to the other Units in the common areas. ARTICLE IV. LIMITED COMMON ELEMENTS 1. Definition. The tern "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 separates the units, said plane being extended to meet the side boundary lines of tine lot on which 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. DECLARANTS' RESERVED RIGHTS AND POWERS I. Declarants' 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 maintain 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 famished by the Declarants for sale 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 perpetual easements for ingress, egress and utility purposes as may be required across and under the land submitted hereby. 4 i�j J ARTICLE VI. MANAGEMENT OF THE REGIME 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 16, Longfellow Manor Condominiums Owners Association." A copy of its Bylaws is attached hereto, marked Exhibit "D" incorporated herein. 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 tinder 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 (2007). 2. Compliance. All owners, tenants, families, guests 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 lawfiilly 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 injunctive 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, tine Council of Co- owners, and the Owners as a group by Chapter 499B of the 2007 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 on 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 tine 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 upon Assignment. The share of a member in the fiords 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 Association shall not be liable for any injury or damage to property caused by or oil the Coalition 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 taken to comply with any law, ordinance or orders of a governmental authority. 9. 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 sane may be appointed by a 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. 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 of Directors of the Association: (a) "Maintenance" or "repair" shall mean the act of maintaining, restoration, renovation, reconstruction, replacement, rebuilding and similar 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 catpets, 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 such 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 casualty, 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, roofing 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 scheme 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 i�J 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 such Unit. ARTICLE VIII. CONDITIONS OF AND RESTRICTIONS ON OWNERSHIP, USE, AND ENJOYMENT 1. Subjection of tine Property to Certain Provision. The ownership, use, occupation, and enjoyment of each Unit and of tine 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 or 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 Condominium 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 regulations of the Association, and f other 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 coumnon 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 common area, or which would be in violation of any law. (f) 'flue 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 Owners, their guests and invitees. (g) Agents of or contractors hired by tine Association may enter any Unit when necessary in connection with any maintenance, landscaping, or construction for which tine Association is responsible, provided such entry shall be made with as little inconvenience to the Owners as practicable. (11) A Unit Owner shall give notice to tine Association of every lien against his or her Unit other than permitted mortgages, taxes, and Association assessments, and of any suit or other proceeding which may affect the title to his or her Unit, within ten (10) days after the lien attaches or the Owner receives j2 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 (2007), 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 owner's 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, on Individual Units, An Owner may carry such personal liability insurance, in addition to that herein required, as lie 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 to Mortgage. Each 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 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 Mortgagee 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) Rights of Mortgagees 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) Mortgages Free and Clear of Lien. Any First Mortgagee who obtains title to a Unit, pursuant to the y� remedies provided in the Mortgage or foreclosure 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: (1) 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 Unit 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 easements 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 for losses to any Condominium property (whether to Units or to Centurion 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) Mortgagees' Rights. 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. (0 Maintenance Reserve Fund. Tire Board shall establish and food 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) Working Capital Reserve Fluid, The Board shall establish and fiord 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 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 Upon Damage. In the event of substantial damage to or destruction of any Unit or any part of the Common Elements, the Mortgagee 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. 0) Condemnation. If any Unit or portion thereof or the Convnon Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise 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 Meetings 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 1. 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 detemrined in the manner elsewhere provided that the Building 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 of Iowa (2007). (b) Agreennent 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 (2007). 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 tine 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 improvennents) shall be deemed to be owned in cmmnon 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 cmmnon 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 our 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 10 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 aproposed 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 mot join in the execution thereof and who does not approve said amendment in writing. (c) Bylaws. 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 Recording. An amendment adopted pursuant to (b) or (c) above shall be executed by all officer specifically delegated to do so with the formalities required by Chapter 499B of the Code of Iowa (2007). 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 shalt change the percentage of ownership in the Common Elements appurtenant to a Unit, nor 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 affirnnatively join in the adoption of such amendment. IN WITNESS WHEREOF, Declarants have executed this Declaration the day and year first above written. CITY IOWA CITY Attest: CORPORATE SEAL i City Approved: CITY ACKNOWLEDGMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ' M• • City Attorney's Office On this 3 `01 day of NDjEMBE( 2008, before me, the undersigned, a notary public in and for the State of Iowa, personally appeared Regenia D. Bailey 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. iSONDRAEFORT / Commission Number pares Scdubli �t y My C �missi�Explres Notary Public -State of Iowa 11 ,�p General Specifications for EXHIBIT Lot 13 &16 Longfellow Subdivision 842/922 Longfellow Court and 840/920 Longfellow Place Iowa City, Iowa GENERAL REQUIREMENTS A. General These specifications are the "Streamline" type and, therefore, omission of many such words as "the Contractor shall; the; a; according to the plans; all; etc." is intentional. In all cases, however, omitted words shall be supplied by inference when interpreting any instructions or directions in the specifications. All materials and equipment shown or specified on the plans or in the specifications, or required to complete the project ready for operation shall be provided and securely installed in place by the Contractor. Provision and installation of materials and equipment shall include everything required for perfect performance, regardless of omission of specific reference on the plans or in the specifications. Materials and equipment in the project shall be new. Workmanship shall be first class. The plans and specifications are basic, and they are presumably correct and complete. Any ambiguity, error or omission which may develop as a result of the requirements of the particular project shall be brought to the attention of, and corrected with the approval of the owner. The Contractor shall comply with all applicable laws of the City of Iowa City and shall be responsible for payment of fees for any permits and licenses required. The building and all related permit fees will be waived by the City. In the event of a conflict between various codes and manuals, the more stringent requirements shall be followed. The project shall be completed by September 1, 2008. The project is the construction of two (2) duplex structures; therefore, the General Specifications would be applied to each dwelling unit. B. Contractor's Responsibility Contractor is expected to provide and pay for: a. All labor, materials and equipment. b. Tools, construction equipment and machinery. C. Other facilities and services necessary for proper execution and completion of work. d. Legally required sales, consumer and use taxes. e. Permits, Government Fees and Licenses. 2. Contractor is required to give all required notices, comply with codes, ordinances, rules, regulations, orders and other legal requirements of public authorities which bear on- performance of this work. �1�� Contractor is to promptly submit written notice to the owner of observed variance of Contract Documents from legal requirements. 4. Contractor is to enforce strict discipline and good order among employees. Contractor is not to employ unfit and unskilled persons for the assigned tasks. Neither the Contractor nor his /her subcontractors shall employ any persons whose physical or mental condition is such that his /her employment will endanger the health and safety of himself /herself or others employed on the project. The Contractor shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: To discharge from employment or refuse to hire any individual because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age, or disability unless such disability is related to job performance of such person or employee. To discriminate against any individual in terms, conditions, or privileges of employment because of sex, race, color, religion, national origin, sexual orientation, gender identity, marital status, age or disability unless such disability is related to job performance of such person or employee. 5. It is deemed that each Contractor shall have acquainted himself /herself with the site and conditions under which construction is to be carried on in accordance with the plans and specifications. The Contractor will be held responsible for damage to new or existing work or property caused by improper execution of work or failure to take necessary precautions to prevent damage, and he /she shall repair or replace such damage to the satisfaction of the owner. C. Insurance Certificate of Insurance; Cancellation or Modification a. Before commencing work, the Contractor shall submit to the Owner for approval a Certificate of Insurance, meeting the requirements specified herein, to be in effect for the full contract period. b. The Contractor shall notify the Owner in writing at least thirty (30) calendar days prior to any change or cancellation of said policy or policies. C. Cancellation or modification of said policy or policies shall be considered just cause for the Owner to immediately cancel the contract and /or to halt work on the contract, and to withhold payment for any work performed on the contract. 3. Minimum Coverage: Any policies or policies of insurance purchased by the Contractor to satisfy his /her responsibilities under this contract shall include contractual liability coverage, and shall be in the following type and minimum amounts: Type of Coverage (1) Comprehensive General Liability (a) Bodily Injury (b) Property Damage Class II Each Occurrence Aggregate $500,000 $1,000,000 250,000 (2) Motor Vehicle Liability & Property Damage Per Per Insurance: Person Accident (a) Bodily Injury $500,000 $1,000,000 (b) Property Damage 250,000 (3) Workers' Compensation Insurance as required by Chapter 85, Code of Iowa. In addition, the Contractor shall be required to comply with the following provisions with respect to insurance coverage: a. The entire amount of Contractor's liability insurance policy coverage limits, identified in the policy and on the Certificate of Insurance, must, under the policy, be available to pay damages for which the insured Contractor becomes liable, or for which the insured assumes liability under the indemnity agreement, and such coverage amount shall not be subject to reduction or set off by virtue of investigation or defense costs incurred by Contractor's insurer. b. The entire amount of the Contractor's liability insurance policy coverage limits shall be payable by the Contractor's insurer, with no deductible to be paid by, or self- insured retention to be attributed to, the Contractor unless this requirement is waived by the Owner. Contractor's Certificate of Insurance must set forth the nature and amount of any such deductible or self- insured retention. C. If Contractor's liability insurance coverage is subject to any special exclusions or limitations not common to the type of coverage being provided, such exclusions or limitations shall be noted on the Certificate of Insurance. d. The Owner prefers that Contractor provide it with "occurrence form" liability insurance coverages. If Contractor can only provide "claims- made" insurance coverages, then the Contractor must comply with the following requirements: h,'2� (1) If the Contractor changes insurance carriers, or if Contractor's insurance coverage is cancelled, during the contract period or within two years after completion of the Contract and Owner's acceptance of the work, Contractor agrees to immediately notify the Owner of such event. (2) If Contractor's insurance is cancelled or is allowed to lapse during said period, Contractor shall be required to obtain replacement insurance coverage to fulfill its obligation hereunder. (3) If, during said period, Contractor involuntarily changes insurance carriers, or is required to obtain replacement coverage from another carrier, Contractor shall either purchase „ tail” coverage from its first carrier effective for a minimum of two years after inception thereof, or (2) purchase "prior acts insurance coverage from its new carrier, covering prior acts occurring during the period of this Contract from and after its inception. (4) 'Tail" or 'prior acts coverages so provided shall have the same coverages, with the same limits, as the insurance specified in this Contract, and shall not be subject to any further limitations or exclusions, or have a higher deductible or self- insured retention than the insurance which it replaces. (5) The Owner reserves the right to waive any of the insurance requirements herein provided. The Owner also reserves the right to reject Contractor's insurance if not in compliance with the requirements herein provided, and on that basis to either award the contract to the next low bidder, or declare a default and seek specific performance or termination, as the case may be. (6) In the event that any of the policies of insurance or insurance coverages identified on Contractor's Certificate of Insurance are cancelled or modified, or in the event that Contractor incurs liability losses, either due to activities under this Contract or due to other activities not under this Contract but covered by the same insurance, and such loses exhaust the aggregate limits of Contractor's liability insurance, the Owner may in its discretion either suspend Contractor's operations or activities under this Contract, or terminate this Contract, and withhold payment for work performed on the Contract. 4. Hold Harmless; Endorsement Required: a. The Contractor shall indemnify, defend and hold harmless the Owner, the City of Iowa City, and its officers, employees, and agents from any and all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from, arising out of, or incurred by reason of any claims, actions, or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operations under this Contract, whether such operations be by himself or herself or by any Subcontractor or by anyone directly or indirectly employed by either of them. b. The Contractor is not, and shall not be deemed to be, and agent or employee of the City of Iowa City, Iowa. D. Cooperation and Coordination The Contractor shall cooperate with the Owner, Owner's Representative, and other contractors, if any, to ensure rapid and accurate completion of the work, and he /she shall assist the Owner in coordination. E. Temporary Facilities 1. The Contractor shall maintain any office, storage facilities, or protection required by his operators. 2. Temporary facilities and products shall conform to the codes, ordinances, and requirements of all regulatory agencies having jurisdiction over the project. Agencies included, but not limited to: a. O.S.H.A. b. State of Iowa C. City or Municipality of project d. Uniform Building code - most current edition 3. Contractors shall consult with utility companies and include in their bid any costs for connection, extensions, relocations, installation, and removal of any temporary facilities, such as sewer, water, gas, electrical, telephone, cable TV, etc. 4. Access to the site shall be coordinated with the Owner. 5. Contractor shall protect existing facilities and repair any damages to the satisfaction of the Owner. 6. Contractor will provide electric power, water and phone for the duration of the project. Contractor shall provide temporary heat if required. Contractor shall provide stoves, salamanders, furnaces, or Herman Nelsons with self contained fuel supplies to maintain temperatures required during cold weather. During concrete and masonry work, temperatures above +32° F shall be maintained in enclosures. Temperatures shall be elevated for sheet rocking and painting to material manufacturer's recommendations and maintained thereafter. Temporary heat shall cease when permanently installed hearing units are useable. 8. Contractor shall provide his own on -site portable toilet or otherwise comply with O.S.H.A. regulations. Substitutions Contractor shall prepare base bid with the intent of furnishing materials and equipment as specified. If materials or equipment cannot be furnished as specified, substitute materials or equipment capable of equal performance may be used UPON WRITTEN APPROVAL OF THE OWNER. Z If substitutions are to be made after a construction contract has been approved, the contract shall be amended accordingly by a contract amendment to provide for the change. 3. In making a request for substitution, the supplier /contractor represents: a. Contractor has personally investigated proposed product or method, and determined that it is equal or superior in all respects to that specified. b. Contractor will provide the same guarantee for substitution as for products or method specified. C. Contractor will coordinate installation of accepted substitution into work, making such changes as may be required for work to be completed in all respects. 4. Substitutions will not be considered if: a. Acceptance will require substantial revision of Contract documents. G. Standards Reference made to standards of the American Society of Testing Materials (ASTM), A.G.A., NBFU, Underwriters Laboratories, American Institute of Electrical Engineers, N.E.M.A., and the National Electrical Code, and other similar organizations and publications, refer to specifications of latest revision. All work shall be in strict accordance with Codes and Statutes of the State of Iowa; codes, statutes, ordinances and resolutions of both the city and county; and other local codes as applicable. Additionally, all work shall meet the requirements of the local gas and electric utilities, and the Owner's insurance companies. Should any work on drawings or herein be contrary to above, the work shall be executed in accordance with said ordinances, statutes, code and requirements, but not until the points in question have been referred to the Owner for approval. H. Proiect Close Out When the Contractor considers the project complete and in acceptable operating condition, he /she shall notify the Owner. The Owner shall then make the final inspection and tests to determine that to the best of his /her knowledge, the project is complete and erected in accordance with the Contract, including any amendments thereto. Should the Owner consider the work not complete, he /she shall immediately notify the Contractor. The Contractor shall then complete incomplete areas and notify owner. Owner shall then re- inspect facilities. Contractor shall provide the following Close Out Submittals: a. Operation and maintenance data. b. Guarantees, warranties and bonds. C. Certificates of Inspection. d. Contractor's affidavit of payment of debts and claims. e. Contractor's affidavit of release of liens. f. Separate waivers of liens for subcontractors, suppliers, and others with lien rights against property of Owners, together with list of those parties. g. Iowa St -172 Sales Tax Form for Owner's use. Cleaning 1. Maintain premises and public properties free from accumulations of waste, debris, and rubbish caused by operations. 2. At completion of work, remove waste materials, rubbish, tools, equipment, machinery and surplus materials, and clean all sight- exposed surfaces. Leave project clean and ready for occupancy. 3. Contractor shall obtain necessary permits, if required, from City and /or County for disposal of construction wastes and debris. Disposal shall be in lawful facilities. J. Safety Requirements Construction and clean -up must meet all requirements of the Standards issued pursuant to Public Law 91 -596 (29 U.S.C. 65), "Occupational Safety and Health Act of 1970 ". K. Cutting and Patching Contractor shall perform all cutting and patching (also excavation and backfill) required due to obstructive existing conditions, ill timed or poorly executed work, and testing or inspection requirements. Contractor shall restore all patched surfaces to their original or to better condition and shall make adequate provision for the protection of all surrounding work and provide for adequate public safety. Patched areas shall match existing adjacent areas in appearance. Contractor shall not cut structural members without prior written approval of the Owner. L. Contract Compliance Program For all contracts and subcontracts of $25,000 or more, the Contractor and all affected subcontractors shall abide by the requirements of the City's Contract Compliance Program, which is included with these specifications. i'' M. Working Days Except for such work as may be required to properly maintain lights and barricades, no work will be permitted on Sundays or legal holidays without specific permission of the Owner. N. Work During an Emergency The Contractor shall perform any work and shall furnish and install any materials and equipment necessary during an emergency endangering life or property. In all cases he /she shall notify the Owner of the emergency as soon as practicable, but shall not wait for instructions before proceeding to properly protect both life and property. O. Exposing Utilities The Contractor shall expose all utilities at the request of the Owner for purposes of investigation. This work shall be considered incidental to the Contract and no additional compensation shall be granted. If a utility is encountered during construction, the utility shall be protected. If a utility is damaged by the Contractor during construction, the utility shall be repaired by the Contractor at no cost to the City. P. Minor Work Any minor work not specifically mentioned in the Specifications or shown on the plans, but obviously necessary for the proper completion of the work shall be considered as being a part of and included in the Contract and shall be executed in the proper manner and the Contractor shall not be entitled to extra or additional compensation for the same. Q. Release of Claims The Contractor shall deliver to the Owner a complete release of all claims arising out of this Contract before the final pay estimate is paid. If any claim remains unsatisfied after all payments are made, the Contractor shall refund to the Owner such amounts as the Owner may have been compelled to pay to discharge such claims, including all costs and a reasonable attorney's fee. R. Sales Tax The City of Iowa City is exempt from all Federal, State of Iowa and other states' taxes on the purchase of commodities and services used by the City of Iowa City within the State of Iowa. The Purchasing Division shall provide tax exemption certification to out -of -state suppliers as required. Out -of -state taxes imposed on purchases of commodities and /or services which are used within another state are applicable and subject to payment. Contractors shall bill the City Accounting Division, including tax, for contracts pertaining to the alteration, construction or repair of real property. The Contractor shall provide the necessary Iowa Department of Revenue Contractor's Statement )615 (one contractor's statement for each subcontractor). The Accounting Division shall then contact the State of Iowa for tax reimbursement. Contractors and subcontractors shall pay all legally required sales, consumer and use taxes on all commodities and /or services purchased or rented to complete their contract. S. Guarantee Unless otherwise specified, the Contractor shall unconditionally guarantee the materials and workmanship on all equipment furnished for a minimum period of one (1) year from date of acceptance of the items delivered and installed. If, within the guarantee period, any defects or signs of deterioration are noted which in the Owner's opinion are due to faulty design, installation, workmanship, or materials, the Contractor, upon notification and at his /her expense, shall repair or adjust the equipment or parts to correct the condition or he /she shall replace the part or entire unit to the complete satisfaction of the Owner. These repairs, replacements or adjustments shall be made only at such time as shall be designated by the Owner as least detrimental to the operation of the Owner's business. Regardless of any statement to the contrary, the Contractor agrees that the implied warranty of merchantability and fitness for a specific purpose is not disclaimed. T. Payment Provisions Payment Terms. Payment may be made only after inspection and acceptance by the owner. No partial payments shall be made unless otherwise authorized by the Owner, or unless commodities were constructed, erected, installed or tested on site, in which case, payment shall be made on the basis of a percentage of the value of all work performed less any previous payments. Payment of balances shall be made only after approval and final acceptance of the Owner. 2. Withholding Payment. Consideration for withholding payment shall include faulty materials, equipment, or workmanship, back orders, and liens that have been filed, or evidence indicating a possible filing of claims. In all cases, regulation and limitations imposed by the Federal Government and State of Iowa shall prevail. 3. Invoicing. Following acceptance, payment shall be made within thirty (30) calendar days from receipt of proper invoice. Invoice shall include department name, dollar amount, and any other pertinent information. Submit invoice in duplicate to: Iowa City Housing Authority Attention: Doug Boothroy Civic Center - 410 E. Washington St. Iowa City, Iowa 52240 U. Note 1. Final colors and manufacturers to be approved by the Owner. 2. All quantities and locations shall be as indicated on the plans. 2. SITEWORK A. Excavation 1. Excavation consists of removal and disposal of material encountered when establishing required finish grade elevations. 2. Material storage: Stockpile satisfactory excavated materials where directed, until required for backfill or fill. Place, grade, and shape stockpiles for proper drainage. Locate and retain soil materials away from edge of excavations. Dispose of excess soil materials and waste materials as herein specified. 3. Cold weather protection: Protect excavation bottoms against freezing when atmospheric temperature is less than 35 °F (1 1C). 4. Over excavation and backfill procedure (if required): a. Where unsuitable bearing material is encountered below design footing level, overexcavate as shown above. b. Minimum depth D =W for continuous footings and minimum depth D=1/2W for isolated footings. C. Place fill below footing level in 9 -inch loose lifts. B. Backfill and Fill 1. General: Place acceptable solid material in layers to required subgrade elevations, for each area classification listed below: a. In excavations, use satisfactory excavated or borrow material. b. Under walks and pavements, use subbase material or satisfactory excavated or borrow material, or combination of both. C. Under building slabs, use granular base fill material. d. Around foundation drainage tile, use drainage fill material. 2. Backfill excavations as promptly as work permits, but not until completion of the following: a. Acceptance of construction below finish grade, including, where applicable, damp - proofing and waterproofing is required. b. Inspection, testing, approval, and recording locations of underground utilities. C. Removal of trash and debris. 10 �� C. Grading Site shall be shaped to rough grade profiles and contours to ensure desired site surface drainage. Final grading, ready to receive sodding. 2. Grade areas adjacent to building lines to drain away from structures and to prevent ponding. 3. Entire lot to be sodded. D. Site Utilities Description a. This section covers the installation of the following utility service items for utility main lines to the building. 1. Water service. 2. Sanitary sewer service. 3. Electrical and phone service by others. 4. Subsurface drainage system. Any items not specifically noted, but reasonably necessary for a complete installation, shall be furnished and installed under this Contract. Codes and Permits Materials and installation shall conform to all state and local codes and regulations governing the trades included in this work. Requirements of these plans or specifications, not conflicting therewith, but exceeding code requirements shall govern. The Contractor shall obtain all necessary permits required for this work. He /she shall also arrange for all inspection, examinations, or approvals required by governing ordinances thereof. Should Contractor fail to coordinate this before backfilling, he /she will open the work for inspection at no additional cost to the Owner. 3. Products a. Water Services All piping and fittings for service (as shown on drawings) shall be Copper Tubing Type "K" deoxidized, ASTM B8871 hard tubing with brass fittings as manufactured by Mueller, American or Revere Brass Company. b. Sanitary Sewer Services Sanitary sewer piping shall be standard strength, vitrified clay sewer tile, cast iron sewer pipe, or rigid PVC Schedule 40 sewer pipe. C. Electric and Telephone Services 3. 9 1. Electric and telephone service from the main lines to the structure are to be coordinated with the relevant local utilities. The Contractor shall be responsible for contacting representatives of these utilities and coordinating the installation by the utilities of these permanent services, so that they are in place at the time of final acceptance of the project. E. Waterproofing: 4" ADS footing drain between back foundation walls to terminate at grade. CONCRETE A. Foundation: Concrete walls 8" thick on an 8'x16" continuous footing (see Foundation Plan). B. Garage Floor: 4" concrete with re -rod 24" on center. Trowel finish. C. Basement Floor: 4" concrete over poly -vapor barrier. Trowel finish. D. Driveway: 4" concrete with re -rod 24" on center entire width of garage. Light broom finish. E. Walks: 4" concrete. Light broom finish. NO WORK 5. NO WORK .3 WOODS & PLASTICS A. Exterior Wall: 2x6 studs, 16" on center with 7/16 OSB sheathing, Tyvek house wrap, vinyl lap siding. B. Interior Walls: 2x4 studs, 16" on center. C. Roof System: Pre - engineered roof trusses or "I" joists 24" on center as noted on plans with 15/32" OSB sheathing. D. Floor System: No. 2 Douglas Fir lumber and "I" joist at 16" on- center as noted on plans with %4" tongue and groove subfloor. E. Millwork: 1. Lumber shall be sound and dry, selected for compatibility of grain and color and containing no defects that cannot be concealed by finishing methods for stained transparent finish. 2. Scribing and joining shall accomplish hair -line joints. Finish trim corners shall be mitered, trim other than finish may be butted. 3. Pre- finished wood baseboard to match interior doors, frames and casing shall be nominal 3" high. 12 �j� F. Cabinetwork: 1. Grade: a. All cabinets shall bear the label of an independent inspection agency that maintains continuous control over the testing and inspection of the cabinet. The label shall identify the manufacturer's name or symbol and indicate compliance with the applicable standards. 2. Species: a. Exposed members shall be oak or maple with veneered portions plain sliced. 3. Hardware: a. The cabinet manufacturer shall furnish and install cabinetwork hardware. 4. General: a. Face frames and cabinet doors shall be not less than 3 /a" thick hardwood. b. Cabinets shall be constructed with horizontal lumber webframes, vertical plywood walls, or panels or lumber faceplates. Cabinet C. Cabinet bottom shall be minimum 1/2' thick except in sink unit where 'W tempered hardboard may be loose set on web frame for access to service lines. d. Cabinet backs shall be 1/4" minimum thickness plywood or hardboard. In base cabinets where no drawers occur, backs may be made removable from the interior of the cabinet. e. Drawer bottoms shall be 1/4" minimum thickness plywood. f. Drawer sides shall be beveled top edges and plowed bottoms to receive drawer bottom. g. Fixed web frames and shelves shall be joined to ends or vertical dividers with stop dado. h. Adjustable shelves shall be supported on surface applied shelf standards and brackets. Both edges but not ends of adjustable shelves shall be edged with hardwood. Shelves shall be 5/8" minimum thickness. i. Countertop assemblies shall consist of plastic laminate over plywood or other approved material. Sink cut -outs shall be made by templates provided by sink supplier. Edges of cut -outs shall be permanently sealed to prevent water absorption. 13 ��) Flush type doors shall be %" thick for maximum size 36" wide by 48" high or oak or maple wood. k. Bases shall be solid oak or maple (matched to cabinet) only, set to provide a toe space 2 -1/4" deep by 4" high above finished flooring material for cabinets. Where similar individual units are assembled together into one integral items, the base may be solid yard lumber securely attached to the floor as a single unit. Cabinetwork shall be pre- finished by the manufacturer. M. Stain colors, wood types and cabinet patterns shall be selected by the Owner from the manufacturer's full palette. (1) Manufacturers: BRAMMER; KITCHENCRAFT, ENCORE, OMEGA, OR APPROVED MANUFACTURER. G. Closet Shelving: Vinyl coated wire shelving in all closets. One shelf in laundry closet. THERMAL AND MOISTURE PROTECTION A. Foundation: Hydrocide or other approved material waterproofing applied to exterior concrete walls below grade. B. Building Insulation: 2" extruded polysterene perimeter foundation insulation Exterior walls; 6" R -19 Friction fit belts. House to garage wall; 31/2' Kraft -faced stapled in place. Basement walls; minimum R -10. Flat lid; 12" blown -in Rockwool R -38. Baffles; placed in every other truss. C. Shingles: 235# Certainteed Sealdon 25 asphalt shingles or approved equal. D. aiding: Double 4" Vinyl siding with aluminum soffits and fascia. E. Gutters and Downspouts: Seamless aluminum. 8. DOORS AND WINDOWS A. Exterior Doors: Front door shall be a fiberglass insulated door with 3/ glass — smooth, with accessible thresholds. Garage door to house - flush steel insulated door — smooth. Overhead door — Lot 13, 16'xT steel flat panel with a 1/3 HP operator and two transmitters. Lot 16, 16'xT steel flat panel with glass at top panel and a 1 -1/3 HP operator and two transmitters. 14 �}j B. Wood Doors: All interior doors shall be 1 -3/8" thick hollow core wood doors with wood frame. 2. Pre - finished doors and frames shall be pre -hung. 3. Doors shall be pre- bored, ready to receive door hardware. 4. Finish to be selected by owner. C. Windows: Vinyl double or casement hung by KOLBE VINYL WINDOWS or an approved equivalent with insulated glass and screens. D. Finish Hardware: 1. Entrance, privacy and privacy locks are SCHLAGE- GEORGIAN SERIES or an approved equivalent. Deadbolts at all entry doors. 2. All door levers are to be ADA compliant. 9. FINISHES A. Gypsum Wall Board: Ceilings - 5/8" sheetrock with three coats paint and a Knockdown texture. walls - i /2' sheetrock with three coats tape and orange peel texture. Garage - one coat tape. B. Paint and Stain: Interior walls, including interior garage walls, are to be primed and finish coated. Interior window jambs, etc., are to be stained, sealed, and varnished. Entry doors are enamel coated. C. Floor Covering: Carpet Style: CK043 CK043 Pile Yarn Content: Spun 100% polyester Yarn Twists per Inch: 5.0 x 4.8 Fabric Type: Cut pile Fiber Treatment: Mohawk approved polyester Gauge: 1/8 C Pile Height: .440 Stitches per Inch: 8.83 Finished Pile Weight: 39.50 oz. Total Weight: 71.00 oz. Density: 3232 Dye Method: Beck Primary Backing: Woven polypropylene Secondary Backing: Woven polypropylene FHA Information: MEA # 45694 Type:I Class:1 Type: 11 Class:1 15 ��� Texture: F Performance Appearance Retention (PAR) Rating: 3.50 Indoor Air Quality #: 13427678 Flammability: Pill Test - 16CFR -1 630.4 (FF -1 -70): Pass a. MOHAWK INDUSTRIES, INC. b. Approved equal. 2. Sheet Vinyl Flooring: a. Colors and patterns: as selected by Owner from manufacturer's standards. b. Sheet vinyl flooring shall be residential grade with 0.060" minimum thickness. C. Pattern and color shall extend through full thickness, complying with FS L -F -475, Type II. d. Manufacturers: Armstrong, Congoleum, Tarkett, or approved equal. 3. Adhesives (Cements); Waterproof, stabilized type as recommended by flooring manufacturer to suit material and substrate conditions. 4. Leveling Compound: Latex type as recommended by flooring manufacturer. 10. SPECIALTIES A. Toilet And Bath Accessories 1. Toilet paper holder: Vinyl, by HEWI or approved equivalent. Surface mount with screws on adjacent vanity base cabinet or wall mount. 2. Mirror: Lot 13, provide 34 "x36" mirrors, and Lot 16, provide 46 "x48" mirrors at bathroom vanities. Install chrome - plated channel to support mirror along top and bottom edges. 3. Recessed medicine cabinet: mount no higher than 48" from base of cabinet floor. 4. Hand shower holder bar: Vinyl, by HEWI or approved equivalent. 5. Provide scald protection panel at vanities. 11. EQUIPMENT A. Appliances: 16 1}p 1. Wall Oven: Side -open wall oven by FRIGIDAIRE MODEL GLEB27S7CB or approved equivalent (Lot 16). 2. Cooktop: 30" electric cooktop with glass ceramic surface and controls located at front of unit (Lot 16). a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent 3. Free standing 30" electric range /oven or approved equivalent (Lot 13). 4. Range Hood: 30" ventilating type hood for mounting below wall cabinets, with 2 -speed fan, permanent washable filter, built -in lighting, baked -on enamel finish, rated at 160 cfm, minimum. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent 5. *Refrigerator /Freezer: Free - standing, side -by -side two door unit; automatic (self) defrosting freezer, separate refrigerator and freezer temperature controls; storage features including adjustable slide -out shelves, door shelves and in -door water and ice dispenser. Minimum capacity values, measured according to ANSI B 38.1 and, certified by AHAM, for refrigerator volume is 18 cubic feet, with 25.0 square feet of total shelf area. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent 6. *Dishwasher: Standard size built -in five -cycle dishwasher with a pots and pans cycle and temperature boost. Door shall be easy to open with no levers. a. GE b. Amana /Maytag C. Frigidaire d. Whirlpool e. Approved Equivalent * Shall have highest Efficiency Rating provided by the manufacturer and must be approved by the Owner. 12. NO WORK 13. NO WORK 14. NO WORK 17 jj 15. PLUMBING A. Fixtures: Tub /shower: Fiberglass (white) with ADA compliant grab bar, waste and overflow drain. Ceramic tile roll -in shower with recessed floor or approved curbless fiberglass unit (white) Shower heads: Hand -held with adjustable holder bar and 60" hose Bath /shower faucet: pressure balanced with scald protection, ADA compliant valve lever, separate temperature control lever. Master bath toilet: (white) ADA compliant with stool seats (white). Bath 2 toilet: (white) with stool seats (white). Lays: (white) ADA compliant Lav faucets: Single -lever valve Kitchen sink: Stainless steel, two basins with waste and overflow drain. Kitchen faucet: Single -lever valve with integral hand -held sprayer. *Water heater Relief valve 2 exterior hose bibs B. HVAC *Furnace - gas fired forced air. *Air Conditioner - condenser with evaporator "A" coil, complete with refrigeration lines plenum adapter, condensate drain, controls, metalbestos chimney, vent pipe, combustion /ventilation air duct, gas piping, all supply air and return air distribution systems. Shall have the highest Efficiency Rating provided by the manufacturer and must be approved by the owner. 16. ELECTRICAL A. Electrical Service: Install a 100 AMP service of the breaker type entrance Electrical panel shall be mounted no higher than 54" above the floor All switches shall be the 15 AMP easy -touch rocker type mounted 42" above floor All plugs shall be ground type mounted 24" above floor All plates for switches and plugs All wiring to be grounded in Romex Pre -wires for telephones Pre -wires for television plugs Smoke detectors as required by Code Recessed kitchen can lights Ceiling fans with lights in dining and master bedroom Ceiling fan without light in living room Bedrooms 2 and 3 wired to accommodate future ceiling fan with light 2 Weatherproof exterior plugs Exterior recessed can lights 18 ��7 h1sassM42- 922 -Lott 3816- longfellow- spec.doc 2 Bedroom ceiling lights Bath fan /lights Bath shower lights in roll -in shower Bath vanity lights Fluorescent kitchen under - cabinet lights Fluorescent closet lights Porcelain fixtures: 2 in garage Garage door opener Laundry to have 11 Ov washer and 220v dryer plugs Install wiring for gas furnace Install wiring for electric air conditioning. Hook up all electrical appliances — dishwasher, cooktop, and ovens Install a 30" vented hood 19 }j 2 � o BCCZ /96/6 5Mp'ALLC2ZZ2\CCZ2\:C`� ❑qm i� wzYF� U< �rVa 9 I'N� mQR C u=1¢q W Wjdh Om.� Lk S y O L—J I� rl z aUZ «t y NO V n~ E °a ;a °c fp a ^rc Wr O 0 s <a F� W TWT� V m z W � _ � � m qW U � :�iiV • COURT LO�EL - O BCCZ /96/6 5Mp'ALLC2ZZ2\CCZ2\:C`� Q 6 z C U o 'o y O E O 0 «t 3 o V r E F- J o ;a � 0 a ea Wr O 0 s <a F� W TWT� V m U Q W � _ � - zO�Z In =W o° m qW J O � O�e s �SN3�Il O 90V-ld M0713=ON0-1 i IM WV 19:89 :R BCCZ /96/6 5Mp'ALLC2ZZ2\CCZ2\:C`� O z CDQ C U o 'o ¢= Z «t E <o o F- J o Z U ;a � 0 a ea 5 0 s <a � m F cam _ � - zO�Z In =W o° m qW J op � O�e s �SN3�Il >�tlYIIIRVI�,P ^:,� O U Z O O �r3 K O � I o 3 ° «t E <o o 0 0 ;a � 0 a ea 5 0 s <a � m F cam _ � U J w;vttu'ilrll�el � O�e s �SN3�Il >�tlYIIIRVI�,P ^:,� LO o m U apQ 3m�¢ O TO _QFW a UZO� N Z p00° �OZV 6W0'Vl W�Q ZQ�Z �aaw F a Iona JFNH ow a� 3w o �y N LLF � Z�w � 000 �J OOr UwZ � Z. ?°JQ K O � I o ° o 0 0 � 0 a 5 0 m F � U J � N O U Z O O � O WN F Q K • _ O � N o m U apQ 3m�¢ O TO _QFW a UZO� N Z p00° �OZV 6W0'Vl W�Q ZQ�Z �aaw F a Iona JFNH ow a� 3w o �y N LLF � Z�w � 000 �J OOr UwZ � Z. ?°JQ n 0 z 4 F °n M Moil � IR i @ H OZ OZ o� o� lnN NN D O� O� Z Z CN Cn z_ z rn ~O ~O C� C� Am .Tl f+mml -Y ION CITY. IOWA V :1�1Af7 �a J Untrauer "s Drafting Services 2878 SIBRM3 DRNT, DNA CITY. IMA 522M (319) 338 -59U ) lj \ § : . ! § \ § � $ \ § / ) / j 7 - ®- ) � l \ ƒ / § G @ - \ WE | , p ) ! ¥ } � # § , � \ ) § - \ 11�,�=OUNDATIOW PLAN EHM LOT IT ,U \ \ s J a 1rd ox m g8g� eg'p]pg]p p OZ DZ o G% �o �� 3g�g QO �O ➢ A i < NN NN zr �a,r ,➢rl aus �rQ� OZ -io ap I r� r� VYYl i1CA . ^O` 77 4 p p mom'@ 00 0 o. a s o O oo € u= IT € Q ➢ ,V3 pppp Z O� \ A -.s m➢ Z I m pm ➢ n Am $ I N R m> S Q oL\ F � �Oc A �' k e I � 4p i IU -11' a as � • I ^ — m Ao � �O i M; §p^ MK: d `f -1� � MA91 02I O � W.M Al f m MAS OZ > ➢ ➢ qs m x w sro n g � � z r ox a1 ° KMIT c' LOT 16, LONGFELLOW IOWA CITY, IOWA MANOR I Untrauer Drafting Service, Inca 2878 MMNG MW. IM CM. IW 522M ( 319) M -5988 MN LEVEL FLOOR PLAN J , ) ` 2 ) _.m m. \/4 ^ ) ® v• 81 11 " ROOF \ TRUS ) _ - ) ROOF y\\ TRUSSES ) ! z ; ^ ( - | - cy ROOF \g TRUSSES 7 § - ROOF TRUSSES ) _ ( § gp \ \m ROOF TRUSSES ] � - FU6 BUCK , D OR | . \ . - ~\ . _«xea_a__w _ m _ .ele_ +Aysi. _,_ a _ w.� w = _ " ` \ /2 , EXHIBIT "D" BYLAWS OF LOT 16, LONGFELLOW MANOR OWNER'S ASSOCIATION These are the Bylaws of the Council of Co- Owners for The Lot 16, Longfellow Manor Condominiums Owner's Association, an Association organized for the purpose of administering Lot 16, Longfellow Manor Condominiums, a horizontal property regime (condominiums) established pursuant to Chapter 499B of the 2007 Code of Iowa, as amended, located on the following land in the City of Iowa City, Johnson Coolly, Iowa: Lot 16, 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 1. 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 shalt be recognized as a member without further action for so long as lie 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 stains 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 of voting 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 (1) 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 2007 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. 5. 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 1 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 a judge of the District Court of Iowa in and 3?' 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. 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- ONVNERS 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 tine 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 stated 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 amorally 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 of by specific grant from the Council, 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 fluids and other property of the Association and shall keep the financial books and records thereof. 5. Any instrument affecting all interest in real property may be executed by the President or Vice President and one other officer upon authorization of the Council or in such 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 49913.14 of the 2007 Code of Iowa, 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 only 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 1. Meetings of the members of the Association maybe 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 in the Horizontal Property Act, and as follows: 1. Person. The term "person" 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. Singular, plural and eig ider. 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. I7p Prepared by: After recording return to: Kelly J. Beckler MMS Consultants, Inc. Sue Dulek City of Iowa City 1917 S. Gilbert Street Iowa City, Iowa 52240 410 East Washington Street Iowa City, Iowa 52240 EXHIBIT "E" ENGINEER'S CERTIFICATE Lot 16, Longfellow Manor Condominiums STATE OF IOWA ) ) SS: JOHNSON COUNTY ) 319 -351 -8282 319. 351 -8476 facsimile 319 - 356 -5030 319. 356 -5008 facsimile I, Kelly J. Beckler, being first duly sworn on oath do depose and state the following: That I am a Professional Engineer authorized and licensed to practice my profession in the State of Iowa. 2. That I have examined the building plans labeled as Exhibit "C ", Lot 16, Longfellow Manor Condominiums, Units 840 and 842 (840 Longfellow Place and 842 Longfellow Court, respectively). This certificate is to become Exhibit "E" to the Declaration of Submission of Property to Horizontal Property Regime for Lot 16, Longfellow Manor Condominiums (the Declaration). 3. That I hereby certify that said Building Plans diagrammatically represent, insofar as is reasonably possible to determine by use of nondestructive measurement techniques, Units 840 and 842 (840 Longfellow Place and 842 Longfellow Court, respectively), in Lot 16, Longfellow Manor Condominiums, and the common elements that the Declarant has constructed on the real estate described in the Declaration, except for the following: 1►[OMBI Page 1 oft I�C::L.IVI:::f?f:.1) sr-'P 1 r 200« T:\3200\322307713223077gl -v.rtf �9 4. That I am affiliated with MMS Consultants, Inc., the professional engineering consultant which prepared the attached Site Plan — Exhibit "B" locating Lot 16 Longfellow Manor Condominiums, Units 840 and 842 (840 Longfellow Place and 842 Longfellow Court, respectively). That as a licensed Professional Engineer, I hereby certify that said Site Plan is sufficient to determine with reasonable certainty the location of Lot 16 Longfellow Manor Condominiums, Units 840 and 842 (840 Longfellow Place and 842 Longfellow Court, respectively), and hereby certify that the Building and Units, as constructed, is located as indicated on said Site P n. �ZA Kelly,,KWKler Iowa License Number 14624 My biennial license renewal date is December 31, 2008. Subspr'bed and sworn to before me by said Kelly J. Beckler this 1 day of �9 0 ,,,, 2008. SANDRA ST EL () e ` Oanrnbebn Number 747999 My Cam*won Notary Public in and for the State of Iowa. a DELIVERED SEP 1 G 2008 Page 2 of 2 T:W0M3223077\3223077g1 -V.Af �J Doc ID: 021315110008 TVDe: GEN Recorded: 11/06/2008 at 10:43:44 AM Fee Amt: $42.00 Pace 1 of 8 Johnson County Iowa Kim Painter County Recorder BK4364 PG55 -62 Ca, STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a tale and correct copy of Ordinance No. 08 -4320 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 3d day of November, 2008, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 4th day of November, 2008. Marian . Karr City Clerk \ord �J� Prepared by: Christina Kuecker, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5230 ORDINANCE NO. 08 -4320 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 3.87 ACRES OF PROPERTY LOCATED SOUTH OF DODGE STREET AND WEST OF SCOTT BOULEVARD, FROM RESEARCH DEVELOPMENT PARK (RDP) TO COMMERCIAL OFFICE (CO -1). (REZ08- 00008) WHEREAS, the applicant, the University of Iowa Community Credit Union, has requested a rezoning of property located south of Dodge Street and west of Scott Boulevard from Research Development Park (RDP) to Commercial Office (CO -1); and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that this parcel is appropriate for uses consistent with the CO -1 zone; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for an attractive Dodge Street entranceway, neighborhood compatibility, and traffic safety; and WHEREAS, the applicant has agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, property described below is hereby reclassified from its current zoning designation of Research Development Park (RDP) to Commercial Office (CO -1): Lot 2, Press Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa, subject to easements, covenants and restrictions of record. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The Mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner and the City, following passage and approval of this Ordinance. q,1 Ordinance No. 08 -4320 Page 2 SECTION IV. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this 3rd day of November , 20_0 City Attorney's Office ' * a ; 0 ► ► Ordinance No. 08 -4320 Page 3 It was moved by Champion and seconded by Correia that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia _x— Hayek x O'Donnell x Wilburn x Wright First Consideration 10/6/2008 Voteforpassage: Ayes; Hayek, O'Donnell, Wilburn, Nays: None. Absent: None. Second Consideration 10/21/2008 Vote for passage: AYES: Hayek, O'Donnell, Wilburn, NAYS: None. ABSENT: None. Date published 11/12/2008 Wright, Bailey, Champion,Correia. Wright, Bailey, Champion,Correia. /0 Prepared by: Christina Kuecker, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5243 (REZ08- 00008) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and The University of Iowa Community Credit Union (hereinafter "Owner "); WHEREAS, Owner is the legal title holder of approximately 3.87 acres of property located south of Dodge Street and west of Scott Boulevard; and WHEREAS, the Owner has requested the rezoning of said property from Research Development Park (RDP) to Commercial Office (CO -1); and WHEREAS, the Planning and Zoning Commission has recommended approval of said rezoning subject to conditions related to ensuring that the property develops in a manner that enhances the aesthetics of the Dodge Street entranceway into Iowa City, is compatible with the nearby residential neighborhoods, and addresses traffic circulation issues; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for an attractive Dodge Street entranceway, neighborhood compatibility, and traffic safety; and WHEREAS, the Owner agrees to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. Owner is the legal title holder of the property legally described as follows: Lot 2, Press Citizen Addition, Iowa City, Iowa, according to the plat thereof recorded in Book 43, Page 311, Plat Records of Johnson County, Iowa, subject to easements, covenants and restrictions of record. 2. The parties acknowledge that Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested rezoning. 7J� 3. In consideration of the City's rezoning the subject property, the Owner agrees that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: a. Substantial compliance with the Concept Plan dated July 21, 2008, attached and incorporated herein, with regard to the location of the building and parking lot. Any substantial deviation from the Concept Plan regarding building and parking placement shall require approval by the Planning and Zoning Commission. All other changes shall be approved by City Staff. b. The vehicular access point shall be located as shown on the attached Concept Plan. c. Owner shall install and maintain landscaping to the S2 Standard, as described in Iowa City Code of Ordinances 14 -5F -6, as amended, along the length of the Dodge Street frontage. d. The Dodge Street building elevations shall demonstrate appropriate articulation and fenestration suitable for this important entranceway into Iowa City, which shall include the use of a brick veneer with limestone base, sills, and banding to break up the fagade and windows on at least 30% of the fagade. 4. The Owner and City acknowledge that the conditions contained herein are reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. 5. The Owner and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. 6. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. 8. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this > day of 20 0J' OWNER UNIVERSITY OF IOWA COMMUNITY CREDIT UNION Richard J. Noble Senior Vice - President CITY OF IOWA CITY 2 1? �\ CORPOPAIE L OWNER'S ACKNOWLEDGEMENT State of Marian K. Karr, City Clerk Approved bye la �t J��GitL✓nn� �,N�KiisG, -v City Attorney's Office 1/6-/d r- County of ss: This instrument was acknowledged before me on the W/I day of �S_/_7el- lckee-/ 2008 by Richard J. Noble, as Senior Vice - President of University of Iowa Community Credit Union. Notary Public in and for the State of Iowa My commission expires : K iurri Big My My CC) In 'r ion ( xpiras CITY OF IOWA CITY ACKNOWLEDGEMENT: State of Iowa, County of Johnson, ss: On this 3 rd day of AjpjgAAaFR 2008, before me, the undersigned, a notary public for the state of Iowa, personally appeared Regenia D. Bailey 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 the City of Iowa City, Iowa, executing the within and foregoing instrument; that the seal attached thereto is the seal of said corporation by authority of its City Council; and that the said Mayor and City Clerk acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ,ONDRAE FORT &F b mbe ss'i SComm sson E plres91 Notary Public in and for the State of Iowa O� My commission expires: 3 /�aoo9 3 ),A F C -0 & n m D7 9. (n p to °• 1 0 Vie. DOC ID: 021339250007 Tvoe. DEN Recorded: 12/18/2008 at 12:56:31 PM Fee Amt: $37.00 Pane i of 7 Johnson Countv Iowa Kim Painter Countv Recorder SK4373 PG551.557 STATE OF IOWA ) ) SS JOHNSON COUNTY ) ^r° `j• j1�W1�f7 CITY OF IOWA CITY 410 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Resolution attached hereto is a true and correct copy of Resolution No. 08 -334, which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 18th day of November, 2008, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 17th day of December, 2008. i ui ' ) - !<Z� Marian K. Karr City Clerk Ves , � , 0 � .. 1 Prepared by: Sarah E. Holecek, First Asst. Atty., 410 E. Washington St., Iowa City, IA 52240; 319 - 356 -5030 RESOLUTION NO. 08 -334 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FIRST AMENDMENT TO THE AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY AND DEVELOPER SOUTHGATE DEVELOPMENT COMPANY FOR THE REDEVELOPMENT OF PEPPERWOOD PLAZA WHEREAS, in August 2003, the City of Iowa City, Iowa ( "City ") and Southgate Development Company ( "Developer ") entered into an Agreement for the Private Redevelopment of Pepperwood Plaza that provided for the use of tax increment financing to support tax rebate grants to the Developer on the investment to complete certain minimum improvements as economic incentives for redevelopment of the property; and WHEREAS, the original Agreement requires submission of all exterior changes and /or new construction to the City Staff Design Review Committee for review and approval under codified design review criteria and specific criteria contained in the Agreement prior to issuing a building permit; and WHEREAS, this review and approval has proven difficult and the City Council has determined that the City Council Economic Development Committee is an appropriate body to review proposed exterior changes and /or new construction for compatibility with design criteria specific to this property; and WHEREAS, is necessary to formally amend the original Agreement to change the process and guidelines under which exterior changes and /or new construction will be reviewed and approved prior the issuance of a building permit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, JOHNSON COUNTY, IOWA THAT: The Mayor is authorized to sign and the City Clerk to attest the First Amendment to the Agreement for Private Redevelopment by and between the City of Iowa City, Iowa, and Southgate Development Company, which is attached hereto and made a part hereof. The City Clerk shall record said First Amendment in the Johnson County recorder's office at the expense of Southgate Development Company. Passed and approved this 18th day of ATTEST: �/> r<r -C� rt • 7� CIT LERK SaraMecodev\Pepperwood Plaza TIF rebate agt first amend res.doc 'V"'ORPORATE SEAL Resolution No. 08 -334 Page 2 It was moved by champion and seconded by O'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell X Wilburn x Wright wpdata/glossarylresolWon4 dm Prep'd by: Sarah Holecek, First Asst. City Atly, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5030 FIRST AMENDMENT TO AGREEMENT FOR PRIVATE REDEVELOPMENT BY AND BETWEEN THE CITY OF IOWA CITY, IOWA AND SOUTHGATE DEVELOPMENT COMPANY WHEREAS, Resolution 03 -276 approved an Agreement for Private Redevelopment (the "Agreement') by and Between the City of Iowa City and Southgate Development Company (the Developer) within the Highway 6 Commercial Urban Renewal Area which provided for tax rebates to the Developer on the investment to complete specific added minimum improvements to the property after certifying specified occupancy rates and payment of all property taxes associated with the property over a six (6) year period; and WHEREAS, under said Agreement, all exterior changes or new construction requiring a building permit must be submitted to the City Staff Design Review committee for review and approval under codified design review criteria and specific criteria contained in the Agreement; and WHEREAS, the City Council supports activities which promote and facilitate economic development within Iowa City and the City Council Economic Development Committee is an appropriate body to review proposed exterior changes and /or new construction for compatibility with design criteria specific to this property; and WHEREAS, the parties wish to amend the process and guidelines under which exterior changes and /or new construction on the subject property are reviewed and approved prior to the issuance of a building permit; and WHEREAS, the parties acknowledge and agree that all other terms of the original Agreement shall remain the same. NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the parties hereby agree as follows: 1. The Agreement for Private Redevelopment by and between the City of Iowa City, Iowa and Southgate Development Company, recorded at Book 3627, Pages 537 -574 Records of the Recorder of Johnson County, Iowa is hereby amended to as follows: Article III, Section 3.1, Minimum Improvements, is hereby amended to read in its entirety as follows: The Developer agrees to complete Minimum Improvements generally consisting of improvements to five tracts of commercially zoned properties and related streetscape elements on the Development Property, all as more fully described on Exhibit B hereto. The construction of the Minimum Improvements must increase the assessed value of the Development Property by at least 15% over the assessed value on January 1, 2003, as of January 1, 2005. 1�6 The Developer shall submit all exterior changes or new construction requiring a building permit for review and approval by the City Council Economic Development Committee. The City Council Economic Development Committee will review the project using the following criteria within twenty (20) working days of receipt of the design plans by the Director of Planning and Community Development: 1) Pedestrian walkways should, to the extent possible, be separated from vehicular traffic through the use of trees, landscaping, raised curbs, and decorative pavers. 2) All parking islands should be curbed and landscaped with vegetation. 3) To the degree possible, the presence of the building(s) should be strengthened so that it is more visible from Highway 6. 4) The use of color, materials, mass, signage, lighting and other architectural features should enhance the retail /commercial environment and result in a more vibrant and visually attractive development. 5) Awnings and signage should be integrated into the overall design concept. 6) All vertical (roof) extensions and sign panels should have a finished appearance from all sides. 7) Material used within five feet, measured vertically from grade, should be durable and resistant to damage. Exterior Insulation and Finish Systems (EFTS) is not recommended. Any proposed new construction on the Development property shall be subject to approval by the City Council Economic Development Committee before the issuance of any building permit. Any proposed signage on the property will be reviewed within seven (7) working days by Housing and Inspection staff for conformance with the Pepperwood Plaza Proposed Sign Criteria dated September 8, 2004. If said proposal meets the Sign Criteria, a sign permit will be issued. If, in the opinion of staff, the proposal does not meet the Sign Criteria, the proposal will be forwarded to the City Council Economic Development Committee for review and approval under the sign criteria. 2. The parties hereto acknowledge and agree that only the reviewing body and specific guidelines for review as outlined in this First Amendment to the Agreement for Private Development by and between the City of Iowa City, Iowa and Southgate Development Company have been modified by this Amendment, and all other terms and conditions outlined in the Agreement for Private Redevelopment shall continue in full force and effect. DATED this /tS' �- day of IVoye✓uber ,2008. (SEAL) CITY OFJ9WA CITY, IOWA SEAL, � ATTEST�,. Approved by: City Attorney's Office By: STATE OF IOWA ) ) SS COUNTY OF JOHNSON ) SOUTHGATE DEVELOPMENT COMPANY By' Developer /Owner On this JIK -A day of AJoV Em$EA . , 2008, before me a Notary Public in and for said County, personally appeared Regenia D. Bailey and Marian Karr to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Iowa City, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act an rf.��1�rporation by it voluntarily executed. Commission Numberr 159791 (''` My Commission Expires sm4n2 a- %f b Notary Public in and for Johnson County, Iowa STATE OF SS COUNTY 017�0�- sow ) On this ���~ day of ew 2008, before me the undersigned, a Notary Public in and for said County, in said State, personally appeared v$�� morrow V, ,\owner of Southgate Development Company, tome personally known, who, being by me duly sworn, did say that the execution of said instrument to be their voluntary act and deed and authorized by said Company, by them and said company voluntarily executed . tary Publi 'n and for ow County, �a-- NOTARIAL SEAL 0 EXHIBIT B MINIMUM IMPROVEMENTS The Minimum Improvements shall consist of the construction of improvements to the existing five tracts of commercially zoned properties and related street and pedestrian improvements within the Development Property as defined in Exhibit A. Said Minimum Improvements, as generally referenced by the site plan dated August 4, 2003, and attached hereto, are subject to applicable permits and approvals. These improvements shall include, but not be limited to, clear pedestrian access from the north/south and east/west entry points that allow a physical separation between pedestrian and auto traffic, a pedestrian access on the south of the Development Property providing access to Cross . Park Avenue and a bus shelter and related improvements to facilitate a bus route through the Development Property. Said Minimum Improvements must result in an increase in actual assessed value of the Development Property of at least fifteen (15) percent as of the first year for which an Economic Development Grant is received, together with any new construction located on the Development Property. - Doc ID: 021340040006 Tyce: GEN 6a Recorded: 12/19/2008 at 10:36:21 AM Fee Amt: $32,00 Pace 1 of 6 Johnson County Iowa Kim Painter County Recorder SK4373 PG784 -789 Prepared by: Karen Howard, 410 E. Washington St., Iowa City, IA 52240 (319) 356 -5251 RESOLUTION NO. 08 -354 A RESOLUTION FOR A VOLUNTARY ANNEXATION OF 179 ACRES OF PROPERTY LOCATED ADJACENT TO 420TH STREET, WEST OF TAFT AVENUE, AND FOR THE IOWA INTERSTATE RAILROAD RIGHT -OF -WAY BETWEEN INDUSTRIAL PARK ROAD AND TAFT AVENUE WHEREAS, the Trusts established under the will of Veronica Prybil are the owner and legal titleholder of approximately 179 acres of land located adjacent to 420" Street, west of Taft Avenue; and . WHEREAS, the Iowa Interstate Railroad, Ltd., is the owner and legal titleholder of the railroad right -of -way between Industrial Park Road and Taft Avenue; and WHEREAS, MidWestOne Bank, as Trustee for the Trusts, has requested annexation of the approximate 179 acre tract into the City of Iowa City, Iowa; and WHEREAS, the Iowa Interstate Railroad, Ltd., has requested annexation of the railroad right - of -way between Industrial Park Road -and Taft Avenue into the City of Iowa City, Iowa; and WHEREAS, the aforementioned properties are within the Long Range Planning Boundary of the City of Iowa City; and WHEREAS, pursuant to Iowa Code 368.5 and 368.7(2007), notice of the application for annexation was sent to the Johnson County Board of Supervisors, Johnson County departments of Attorney, Auditor, Engineer, Planning and Zoning, each.affected.public utility, Scott Township, the Johnson County Council of Governments, and the East Central Iowa Council of Governments; and WHEREAS, none of these entities have objected to the proposed annexation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The following described land should be voluntarily annexed to the City of Iowa City, Iowa: LEGAL DESCRIPTION OF TRUST PROPERTY TO BE ANNEXED:. Property locally known as 4748 420th Street, Johnson County, Iowa, and legally described as: All that part of the Southeast Quarter (SE%) of Section 19, Township 79 North, Range 5 West of the 5a' P.M., lying north of the right of way of the Chicago, Rock Island & Pacific Railway Co.., running diagonally southeast to northwest through said quarter section, Johnson County, Iowa; and All that part of the Southeast Quarter (SE %) of Section 19, Township 79 North, Range 5 West of the 5s' P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to -wit: Beginning at the northwest corner of the Northeast Quarter (NEY<) of Sec. 30, Township 79 North, Range 5 West of the 5a' P.M., in the center of the public highway known as the Singleton Road, running thence south along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter 3 Resolution No. 08 -354 Page 2 section, thence west along the center of said Singleton Road 1500 feet to the place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. Except: Commencing at the southeast corner of Section 19, Township 79 North, Range 5 West of the 5t' P.M., thence North 02 040' west along the east line of said section 544.15 feet, thence north 64 °53' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, thence south 835.20 feet to the south line of said Section 19, thence east 647.32 feet along the section line to the point of beginning, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. And Except: A portion of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5'' P.M., more particularly described as follows: Commencing as a point of reference at the Southeast corner of Section 19, Township 79 North, Range 5 West of the 5'" P.M., Johnson County, Iowa; thence North 89 °48' West 647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description, only); thence North 833.60 feet along the West property line of the Iowa Valley Milling Company to point of intersection with the Southerly right of way line of the Chicago, Rock Island, and Pacific Railroad Company; thence North 64 049' West 370.18 feet along the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to a point; thence South 989.95 feet to a point of intersection with the South line of the Southeast Quarter (SE' /+) of said Section 19; thence South 89 048' East 335.00 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning; and containing 7.0 acres more or less. LEGAL DESCRIPTION OF RAILROAD PROPERTY TO BE ANNEXED: Johnson County, Township 79 North, Range 6 West, in_the southwest corner of the southwest quarter of Section 13, all Iowa Interstate Railway Right of Way from the west boundary line of section 13, along said railway right of way east southeast to the center line of Taft Avenue in the southeast corner of the southeast quarter of Section 19 in Township 79 North, Range 5 West. 2. The City Clerk, is hereby authorized and directed to certify; file, and record all necessary documents as required by Iowa law under Section 368.7(2007) at Owner's expense. 3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary documents for certification of the population of the annexed territory to Johnson County and the State Treasurer, said population being zero. Passed and approved this 16th day of December , 2008. ATTEST: Ae.�� -e. �. CITY -CLERK CORPORATE $EAL n�� M Resolution No. 08 -354 Page 3 It was moved by O'Donnell and seconded by Correia the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: _ cx Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright v+pd?Wgbss2Mresauconac.aoc .: Yy� Legal Description of Property Iowa Interstate Railway Application for Voluntary Annexation Johnson County, Township 79 North, Range 6 West, in the southwest corner of the southwest quarter of Section 13, all Iowa Interstate Railway Right of Way from the west boundary line of section 13, along said railway right of way east southeast to the center line of Taft Avenue in the southeast corner of the southeast quarter of Section 19 in Township 79 North, Range 5 West. Legal Description of Property Veronica Prybil Trust Application for Voluntary Annexation Property locally known as 4748 420t4 Street, Johnson County, Iowa, and legally described as: All that pail of the Southeast Quarter (SE %4) of Section 19, Township 79 North, Range 5 West of the 5th P.M., lying north of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally southeast to northwest through said quarter section, Johnson County, Iowa; and All that part of the Southeast Quarter (SE %4) of Section 19, Township 79 North, Range 5 West of the 5th P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to -wit: Beginning at the northwest corner of the Northeast Quarter (NE %4) of See. 30, Township 79 North, Range 5 West of the 5`h P.M., in the center of the public highway known as the Singleton Road, running thence south along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter section, thence west along the center of said Singleton Road 1500 feet to the place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. Except: Commencing at the southeast comer of Section 19, Township 79 North, Range 5 West of the 5`h P.M., thence North 02 040' west along the east line of said section 544.15 feet, thence north 64 053' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet; thence south 835.20 feet to the south line of said Section 19, thence east 647.32 feet along the section line to the point of beginning, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. And Except: A portion of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5`h P.M., more particularly described as follows: Commencing as a point of reference at the Southeast corner of Section 19, Township 79 North, Range 5 West of the 5th P.M., Johnson County, Iowa; thence North 89 °48' West 647.32 feet along the South line of the Southeast. Quarter of said Section 19 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence North 833.60 feet along the West property line of the Iowa Valley Milling Company to point of intersection with the Southerly right of way line of the Chicago, Rock Island, and Pacific Railroad Company; thence North 64 °49.' West 370.18 feet along the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to a point; thence South 989.95 feet to a point of intersection with the South line of the Southeast Quarter (SE' /4) of said Section 19; thence South 89 °48' East 335.00 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning; and containing 7.0 acres more or less. r -� IIIIIIIIIIIIIillllliillllliilllllllilllllliililliiillliilllllllliiilllllilllllll Doc ID: 021342660004 TVoe: GEN Fee oAmt: $22/00 /Pace itofl4 9'23 AN Johnson County Iowa Kim Painter Countv Recorder 6K4374 P0832 -835 STATE OF IOWA ) ) SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 08 -4324 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of December, 2008, is a true and correct copy, all as the same appeals of record in my office. Dated at Iowa City, Iowa, this 22nd day of December, 2008. Maria r-K. Karr City Clerk \ord 3-1 Prepared by: Karen Howard, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356 -5251 ORDINANCE NO. 08 -4324 AN ORDINANCE REZONING APPROXIMATELY 179 ACRES OF LAND LOCATED ADJACENT TO 420TH STREET, WEST OF TAFT AVENUE FROM COUNTY RESIDENTIAL (R) TO INTERIM DEVELOPMENT INDUSTRIAL(ID -I) AND FOR THE IOWA INTERSTATE RAILROAD RIGHT -OF -WAY BETWEEN INDUSTRIAL PARK ROAD AND TAFT AVENUE FROM COUNTY RESIDENTIAL (R) TO GENERAL INDUSTRIAL (11). (REZ07 -00008 AND REZ08- 00009) WHEREAS, the Trusts established under the will of Veronica Prybil are the owner and legal titleholder of approximately 179 acres of land located adjacent to 420'" Street, west of Taft Avenue; and WHEREAS, the Iowa Interstate Railroad, Ltd., is the owner and legal titleholder of the railroad right -of- way between Industrial Park Road and Taft Avenue; and WHEREAS, MidWestOne Bank, as Trustee for the Trusts, has requested annexation and rezoning of the approximate 179 acre tract into the City of Iowa City, Iowa; and WHEREAS, the Iowa Interstate Railroad, Ltd., has requested annexation and rezoning of the railroad right -of -way between Industrial Park Road and Taft Avenue into the City of Iowa City, Iowa; and WHEREAS, land annexed into Iowa City must have an appropriate City zoning designation according to the Iowa City Comprehensive Plan; and WHEREAS, the Comprehensive Plan indicates that Trust property is appropriate for future industrial development once City services have been extended to the area; and WHEREAS, the zoning of railroad right -of -way should be consistent with the zoning of the adjacent land, which is zoned industrial; WHEREAS, the Planning and Zoning Commission has reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL, 1. Property described below is hereby reclassified from its current zoning designation of County Residential (R) to Interim Development- Industrial (ID -1): LEGAL DESCRIPTION Property locally known as 4748 420' Street, Johnson County, Iowa, and legally described as: All that part of the Southeast Quarter (SEY4) of Section 19, Township 79 North, Range 5 West of the 5'h P.M., lying north of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally southeast to northwest through said quarter section, Johnson County, Iowa; and All that part of the Southeast Quarter (SE%) of Section 19, Township 79 North, Range 5 West of the 5h P.M., lying south of the right of way of the Chicago, Rock Island & Pacific Railway Co., running diagonally from southeast to northwest through said quarter section; also the following tract to -wit: Beginning at the northwest corner of the Northeast Quarter (NE %) of Sec. 30, Township 79 North, Range 5 West of the 5`h P. M., in the center of the public highway known as the Singleton Road, running thence south along the present fence line 1320 feet to a stake, thence east 1495.4 feet to a stake, thence north 1316 feet to the center of Singleton Road running along the north line of said quarter section, thence west along the center of said Singleton Road 1500 feet to the place of beginning, this last piece containing 45.32 acres, Johnson County, Iowa. 3-1 Ordinance No. 08 -4324 Page 2 of 2 Except: Commencing at the southeast corner of Section 19, Township 79 North, Range 5 West of the 5`" P.M., thence North 02 040' west along the east line of said section 544.15 feet, thence north 64 053' west along the southerly line of the right of way of the Chicago, Rock Island & Pacific Railroad Company 686.39 feet, thence south 835.20 feet to the south line of said Section 19, thence east 647.32 feet along the section line to the point of beginning, according to plat recorded in Plat Book 5, Page 23, Plat Records of Johnson County, Iowa. And Except: A rortion of the Southeast Quarter of Section 19, Township 79 North, Range 5 West of the 5t P.M., more particularly described as follows: Commencing as a point of reference at the Southeast corner of Section 19, Township 79 North, Range 5 West of the 5t" P.M., Johnson County, Iowa; thence North 89 048' West 647.32 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning of tract herein described (this is an assumed bearing for purposes of this description only); thence North 833.60 feet along the West property line of the Iowa Valley Milling Company to point of intersection with the Southerly right of way line of the Chicago, Rock Island, and Pacific Railroad Company; thence North 64 049' West 370.18 feet along the Southerly right of way line of the Chicago, Rock Island & Pacific Railroad Company to a point; thence South 989.95 feet to a point of intersection with the South line of the Southeast Quarter (SEY4) of said Section 19; thence South 89 048' East 335.00 feet along the South line of the Southeast Quarter of said Section 19 to point of beginning; and containing 7.0 acres more or less. 2. The property described below is hereby reclassified from its current zoning designation of County Residential (R) to General Industrial (11): LEGAL DESCRIPTION Johnson County, Township 79 North, Range 6 West, in the southwest corner of the southwest quarter of Section 13, all Iowa Interstate Railway Right of Way from the west boundary line of section 13, along said railway right of way east southeast to the center line of Taft Avenue in the southeast corner of the southeast quarter of Section 19 in Township 79 North, Range 5 West. SECTION II. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION IV. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. and approved this 22ndday of December ; 2008. O by ATTEST:J� CITY 'CLERK City Attorney's Office � 'I'lla, CORPORATE SEAL 3-1 Ordinance No. 08 -4324 Page 3 It was moved by Wright and seconded by Correia that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 12/16/2008 Vote for passage: AYES: Correia, Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion. NAYS: None. ABSENT: None. Second Consideration --------------- -- Vote for passage: Date published 12/31/2008 Moved by Wright, seconded by Correia, that the rule requiring ordinances to be considered and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Bailey, Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS: None. ABSENT: Champion. 3 �l M I IIIIIII Ililll III VIII VIII Iilll lull l�lll lull VIII VIII Iilll lull lull llll llll Doc ID: 021342570008 Tvoe: GEN Recorded: 12/23/2008 at 11:10:52 AM Fee Amt: $42.00 Paoe 1 of 8 Johnson Countv Iowa Kim Painter Countv Recorder BK4374 PG836 -843 STATE OF IOWA ) )SS JOHNSON COUNTY ) I, Marian K. Karr, City Clerk of Iowa City, Iowa, do hereby certify that the Ordinance attached hereto is a true and correct copy of Ordinance No. 08 -4325 which was passed by the City Council of Iowa City, Iowa, at a regular meeting held on the 22nd day of December, 2008, is a true and correct copy, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 22nd day of December, 2008. Marian Karr City Clerk \ord t 39 Prepared by: Sarah Walz, PCD, 410 E. Washington Street, Iowa City, IA 52240; 319 - 356.5239 (REZ08- 00010) ORDINANCE NO. 08 -4325 AN ORDINANCE CONDITIONALLY REZONING APPROXIMATLEY 1.69 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF CAMP CARDINAL BOULEVARD AND KENNEDY PARKWAY, FROM INTERIM DEVELOPMENT COMMERCIAL OFFICE (ID -CO -1) TO COMMERCIAL OFFICE (CO -1). (REZOB- 000010) WHEREAS, the applicant, Southgate Development, LLC, has requested a rezoning of property located at the southeast corner of Camp Cardinal Boulevard and Kennedy Parkway from Interim Development Commercial Office (ID -CO -1) zone to Commercial Office (CO -1) zone; and WHEREAS, the Comprehensive Plan indicates that this location is appropriate for Commercial Office use provided such development is designed to be compatible the adjacent residential zone; and WHEREAS, Iowa Code §414.5 (2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request over and above existing regulations in order to satisfy public needs caused by the requested change; and WHEREAS, the Planning and Zoning Commission has the reviewed the proposed rezoning and determined that it complies with the Comprehensive Plan provided that it meets conditions addressing the need for neighborhood compatibility in building design and placement, vehicle access, screening, and signage; and WHEREAS, the owner, Crossing Development, LC, and applicant have agreed that the property shall be developed in accordance with the terms and conditions of the Conditional Zoning Agreement attached hereto to ensure appropriate development in this area of the city. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I APPROVAL. Subject to the Conditional Zoning Agreement attached hereto and incorporated herein, the property described below is hereby reclassified from its current zoning designation of Interim Development Commercial Office (ID -CO -1) to Commercial Office (CO -1): COMMENCING AT THE CENTER OF SECTION 12, TOWNSHIP 79 NORTH, RANGE 7 WEST, OF THE FIFTH PRINCIPAL MERIDIAN, IOWA CITY, JOHNSON COUNTY, IOWA; THENCE N89 °25'22 "E, ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 12, A DISTANCE OF 1749.4 FEET, TO ITS INTERSECTION WITH THE EAST RIGHT -OF -WAY LINE OF CAMP CARDINAL BOULEVARD; THENCE NORTHWESTERLY, 50.0 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 50.0 FOOT CHORD BEARS N00 007'16 "W; THENCE NORTHWESTERLY, 380.0 FEET, ALONG SAID EAST RIGHT - OF -WAY LINE, AND AN ARC OF A 760.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 376.0 FOOT CHORD BEARS N16 019'46 "W; THENCE N30 039'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 30.9 FEET; THENCE NORTHEASTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N14 °20'52 "E; THENCE N59 °20'52 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 60.0 FEET; THENCE S59 020'52 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NORTHWESTERLY, 31.4 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 20.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 28.3 FOOT CHORD BEARS N75 039'08 "W; THENCE N30 °39'08 "W, ALONG SAID EAST RIGHT -OF -WAY LINE, 286.3 FEET; THENCE NORTHWESTERLY, 366.8 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 660.0 FOOT RADIUS CURVE, CONCAVE NORTHEASTERLY, WHOSE 362.1 FOOT CHORD BEARS N14 °43'50 "W; THENCE N01 011'28 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 364.8 FEET, TO THE POINT OF BEGINNING; THENCE CONTINUING, N01 °11'28 "E, ALONG SAID EAST RIGHT - OF -WAY LINE, 55.8 FEET; THENCE NORTHWESTERLY, 179.4 FEET, ALONG SAID EAST RIGHT -OF- WAY LINE, AND AN ARC OF A 2550.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, '3 13 Ordinance No. 08 -4325 Page 2 WHOSE 179.4 FOOT CHORD BEARS N00 049'29 "W; THENCE NORTHEASTERLY, 62.6 FEET, ALONG SAID EAST RIGHT -OF -WAY LINE, AND AN ARC OF A 40.0 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY, WHOSE 56.4 FOOT CHORD BEARS N42 °01'38 "E; THENCE N86 °53'42 "E, ALONG SAID EAST RIGHT -OF -WAY LINE, 20.0 FEET; THENCE NO3 °06'18 "W, ALONG SAID EAST RIGHT -OF- WAY LINE, 33.0 FEET; THENCE N86 °53'42 "E, 43.6 FEET; THENCE NORTHEASTERLY, 157.9 FEET, ALONG AN ARC OF A 1000.0 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY, WHOSE 157.7 FOOT CHORD BEARS N82 °22'17 "E; THENCE S12 °09'09 "E, 111.7 FEET; THENCE SOUTHEASTERLY, 163.5 FEET, ALONG AN ARC OF A 750.0 FOOT RADIUS CURVE, CONCAVE SOUTHWESTERLY, WHOSE 163.2 FOOT CHORD BEARS S05 054'30 "E; THENCE S00 °20'09 "W, 64.7 FEET; THENCE N89 039'51 "W, 294.4 FEET, TO SAID POINT OF BEGINNING, CONTAINING 2.03 ACRES, AND SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. SECTION il. ZONING MAP. The building official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this amendment upon the final passage, approval and publication of the ordinance as approved by law. SECTION III. CONDITIONAL ZONING AGREEMENT. The mayor is hereby authorized and directed to sign, and the City Clerk attest, the Conditional Zoning Agreement between the property owner(s) and the City, following passage and approval of this Ordinance. SECTION IV, CERTIFICATION AND RECORDING. Upon passage and approval of the Ordinance, the City Clerk is hereby authorized and directed to certify a copy of this ordinance, and record the same in the Office of the County Recorder, Johnson County, Iowa, at the Owner's expense, upon the final passage, approval and publication of this ordinance, as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION VI. SEVERABILITY. if any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and publication, as provided by law. P ssed and approved this 22nd day of December 20_8_. M ATTEST: CI CLERK App oved by /f CORPORATE AL C7C Gr�/!!?rIl' City Attorneys Office 14.110 & ppdadnVordlrez08-00010Cardina1 Pointe.do E Ordinance No. 08 -4325 Page 3 It was moved by O'Donnell and seconded by Correia that the Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Bailey x Champion x Correia x Hayek x O'Donnell x Wilburn x Wright First Consideration 12 /t6/2oos Voteforpassage: AYES: Hayek, O'Donnell, Wilburn, Wright, Bailey, Champion, Correia. NAYS: None. ABSENT: None. Second Consideration --- - - - - -- Vote for passage: Date published 12/31/2008 Moved by O'Donnell, seconded by Correia, that the rule requiring ordinances to be considered' and voted on for passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the second consideration and vote be waived and the ordinance be voted upon for final passage at this time. AYES: Correia, Hayek, O'Donnell, Wilburn, Wright. NAYS. None. ABSENT: Champion 3 Prepared by: Sarah Walz, PCD, 410 E. Washington, Iowa City, IA 52240 (319) 356 -5239 (REZ08- 00010) CONDITIONAL ZONING AGREEMENT THIS AGREEMENT is made between the City of Iowa City, Iowa, a municipal corporation (hereinafter "City "), and The Crossing Development LC (hereinafter "Owner ") and Southgate Development Services LLC (hereinafter "Applicant "). WHEREAS, Owner is the legal title holder of Lot 9 Cardinal Pointe South Part One according to the Plat thereof recorded in Book 52 at page 278, Plat Records of Johnson County, Iowa, an approximate 1.69 acre parcel located at the southeast corner of Kennedy Parkway and Camp Cardinal Boulevard; and WHEREAS, The Applicant, with the Owner's consent, has requested the rezoning of said property from Interim Development Commercial Office (ID -CO -1) to Commercial Office (CO -1); and WHEREAS, the Planning and Zoning Commission has determined that, with appropriate conditions regarding building design and placement, vehicle access, screening, and signage, the zoning is in conformance with the Comprehensive Plan; and WHEREAS, Iowa Code §414.5(2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs caused by the requested change; and WHEREAS, the Owner and Applicant acknowledge that certain conditions and restrictions are reasonable to ensure the development of the property is consistent with the Comprehensive Plan and the need for neighborhood compatibility; and WHEREAS, the Owner and Applicant agree to develop this property in accordance with the terms and conditions of this Conditional Zoning Agreement. NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows: 1. The Crossing Development LC is the legal title holder of the property legally described as follows: Lot 9 Cardinal Pointe South Part One according to the Plat thereof recorded in Book 52 at page 278, Plat Records of Johnson County, Iowa. 2. The Owner and Applicant acknowledge that the City wishes to ensure conformance to the principles of the Comprehensive Plan and neighborhood compatibility. Further, the parties acknowledge that Iowa Code §414.5(2007) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above the existing regulations, in order to satisfy public needs caused by the requested change. 3. In consideration of the City rezoning the subject property, Owner and Applicant agree that development of the subject property will conform to all other requirements of the zoning chapter, as well as the following conditions: ppdadnVagVaa- mffiml pOnle m-1 rez0 10 (ne A. 1 3� A. The development will substantially comply with the October 30, 2008 concept plan as submitted, with regard to the location of the building and parking area and the level of screening shown thereon. Any significant deviation from these aspects of the concept plan shall be approved by the Planning and Zoning Commission; B. Vehicle access shall be limited to one entrance point to be located off Ryan Court and centered between lots 10 and 11 of the residential zone to the east as shown in the concept plan; C. S3 vegetative screening shall be provided along Ryan Court and along the south property line. Additionally, a decorative fence constructed of masonry and wrought iron materials or a 2' -3' high berm shall be installed along Ryan Court; D. In order to reduce the hardscape effect of the parking area and Ryan Court entrance, the development shall include either a 3' to 5' wide landscaped bed (low shrubs or perennial plantings) between the walkways and the building or tree wells within the walkway as shown on the submitted site plan. E. Signage shall be permitted according to the CO -1 zone standards set forth in Iowa City Ordinance 14- 56 -8C, subject to the following limitations: 1 No more than one monument sign shall be permitted and, if installed, shall be installed at the corner of Camp Cardinal Boulevard and Kennedy Parkway; 2 No illuminated signs shall be permitted on the east side of the building or any portion of the building facing the parking area; 3 Signage within the front setback along Ryan Court will be limited to directional signage marking the entrance to the parking area. F. Any street - facing fagade greater than 50 -feet in width must be broken into modules that give the appearance of individual units. These modules must meet the following standards: 1. Each module must be no greater than 40 feet; 2. Each module must be distinguished from the adjacent module by at least three of the following means: a. Variation in wall plane by recessing a building module from the adjacent building module; b. Variation in material colors, types, or textures; c. Variation in building or parapet height; d. Variation in architectural details such as decorative banding, reveals, stone, or tile accents; e. Break or variation in window pattern. G. A minimum of 30 percent of any street - facing fagade between 2 and 10 feet in height from the adjacent exterior grade must be comprised of windows or doors; H. At least 75% of the building's exterior shall be constructed of quality exterior building materials, including brick, masonry, stone or stucco. I. Primary building entries must be distinguished by at least two of the following means: 1. Canopies or awnings; 2. Recesses; 3. Raised cornice or similar architectural features; 4. Architectural details, such as tile work and moldings that are integrated in the building structure and design. J. The final design of the development shall be approved by the Director of Planning and Community Development. 4. The Owner, Applicant, and City acknowledge that the conditions contained herein are ppdadMagU¢a -wdeal poinlec 1rez08 -0070 WLl 2 3 �{ reasonable conditions to impose on the land under Iowa Code §414.5 (2007), and that said conditions satisfy public needs that are caused by the requested zoning change. The Owner, Applicant, and City acknowledge that in the event the subject property is transferred, sold, redeveloped, or subdivided, all redevelopment will conform with the terms of this Conditional Zoning Agreement. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with title to the land, and shall remain in full force and effect as a covenant with title to the land, unless or until released of record by the City of Iowa City. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives, and assigns of the parties. The Owner and Applicant acknowledge that nothing in this Conditional Zoning Agreement shall be construed to relieve the Owner or Applicant from complying with all other applicable local, state, and federal regulations. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the Applicant's expense. Dated this L r4 day of 20��. OWNER CITY OF WA CITY THE CROSSING DEVELOPMENT LC (a By Dennis Craven, Manager enia D. Ba APPLICANT By /YI Lam i / `�Cleew SOUTHGATE DEVELOPMENT SERVICES, LLC Marian K. Karr, City Clerk CAI; - — _ Approved by: en Siders, Jscc CORPORATE - eesrbeo SEAL City Attorney's Office CITY OF IOWA CITY ACKNOWLEDGEMENT: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ppdadm/agVua- cardinal panle w 1 mzOB 10 Inal.do J 3�1 This instrument was acknowledged before me on 2a NQ day of .0gcEm6eP= 2008, by Regenia D. Bailey and Marian K. Karr, as Mayor and City Clerk of the City of Iowa City, a municipal corporation; 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. S" d" Notary Public in and for the State of Iowa (Stamp /Seal) da4, SONORAE FORT i Commission Number 159791 My Commission Expires THE CROSSING DEVELOPMENT LC ACKNOWLEDGEMENT ow 3 _ doogys STATE OF IOWA ) ss: JOHNSON COUNTY ) This instrument was a wledged before me o 200 by m4k> 616�J as of TERESA L. MORROW z Commission Number 149409 Notary Public in and for the State of Iowa ow My1 ommissl Ex1I es (Stamp or Seal) �/1 SOUTHGATE DEVELOMENT SERVICES LLC ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) This fs rument was acknowledged before a on 102 �5 2008 y as of o-k LLL TERESAL.MORROW Notary Public in and for the State of Iowa ° Commission Number 149499 My Commission "pins (' O (Stamp or Seal) ppdadnVagUua- cardinal poinle m-1 raz09 -0010 final. clot 4 3a