HomeMy WebLinkAbout1977-09-20 Resolution0 0
RESOLUTION NO. 77-375
RESOLUTION APPROVING
FINAL PLAT OF WENDRAM BLUFF SUBDIVISION
WHEREAS, the owner and proprietor, Wendram Bluff Development, Inc.,
has filed with the City Clerk a final plat and subdivision of the following described
premises located in Johnson County, Iowa, to -wit:
In T. -80N. , R. -6W. , 5th P.M., Section 33, the S.E. 1/4 thereof,
a parcel of land described as follows:
Commencing at the S.E. corner of said Section 33-80-6; thence
N. 80 19' 10" E., 969.76 feet; thence N. 610 30' 30" W., 317.15 feet;
thence N. 370 25' 10" W., 273.55 feet to the point of beginning which
lies on the northerly right-of-way of Linder Road;
Thence S. 890 35' 00" E. , 312.18 feet to the east line of said Section
33-80-6;
Thence N. 00 09' 20" E., 1263.00 feet along said east line Section
33-80-6 to a point on the southerly bank of the Iowa River;
Thence N. 850 56' 30" W. 749.34 feet along said southerly bank of
the Iowa River;
Thence N. 810 15' 42" W. , 822.07 feet along said southerly bank of
the Iowa River to the easterly right-of-way line of North Dubuque
Street;
Thence S. 20 53' 10" W. , 397.22 feet along the said easterly line of
N. Dubuque Street to a 904.93 foot radius curve concave easterly;
Thence along said easterly line N. Dubuque Street, 811.02 feet
southeasterly along said curve to a point which lies S, 220 40' 30" E.,
784. 15 feet of the afore described point;
Thence S. 480 21' 00" E. , 3.50 feet along the northeasterly right-of-
way line of N, Dubuque Street to a 2241.83 foot radius curve concave
northeasterly;
Thence along said easterly line N. Dubuque Street, 336.25 feet
southeasterly along said curve to a point which lies S. 520 38' 49" E.,
335.93 feet of the afore described point;
Thence N. 780 27' 40" E. , 85.04 feet to a 319.18 foot radius curve
concave southerly, said curve being the northerly right-of-way line
of Linder Road;
Thence along said northerly line of Linder Road, 541.20 feet easterly
along said curve to a point which lies N. 870 34' 30" E., 478.66 feet
of the afore described point;
Thence S. 410 11' 30" E. , 198.27 feet along said northerly line of Linder
Road to the point of beginning.
Said parcel contains 40.29 acres, more or less.
WHEREAS, said property is owned by the above named corporation and the
dedication has been made with its free consent and in accordance with its desire
and intent.
WHEREAS, said plat and subdivision is found to conform with Chapter 409
of the 1977 Code of Iowa and all other statutory requirements.
BUM
Res. No. 77-375 • •
WHEREAS, said plat and subdivision was examined by the zoning and
planning commission which recommended that said plat and subdivision be
accepted and approved.
WHEREAS, the subdivision is located outside the corporate limits of the
City of Iowa City, Iowa, but within a distance of two miles thereof.
WHEREAS, the owner has executed an Agreement with the City of Iowa
City, Iowa, pertaining to the dedication of certain improvements upon annexation
of the subdivision to the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Iowa City, Iowa, that said final plat and subdivision located on the above described
property be and the same is hereby approved.
BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby
authorized and directed to certify a copy of this Resolution to the County Recorder
CITY OF IOWA CITY, IOWA
By I uA- -l.l l..
0 /J Mayor
Attest (2(
City Clerk
The above and foregoing Resolution was introduced by Council Person
Balmer
who moved its adoption. It was seconded
by Council Person Vevera
After discussion, the
following roll was called:
Aye: Nay:
Absent:
x
Balmer
x
deProsse
x
Foster
x
Neuhauser
x Perret
X
Selzer
x
Vevera
-2-
Res. 77-375 •
Whereupon the Mayor declared the motion duly carried and the Resolution
duly adopted this 20th day of September , 1977.
Attest
Mayor
City Clerk
RESOLUTION NO. 77-376 •
RESOLUTION TO REFUND CIGARETTE PERMIT
Central Vendors, Inc.
WHEREAS, dba/V.F.W. #3949 at Highway 6 Bypass
in Iowa City, Iowa, hes surrendered cigarette permit No. 78-57 , expiring
June 30th 19 78 , and requests a refund on the unused portion
thereof, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette
permit No. 78-57 issued to Central Vendors, Inc. , 53 Second St.
Coralville
be cancelled, and
BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby
authorized and directed to drew a warrant on the General Fund in the amount of
75.00 payable to Central Vendors, Inc.
as a refund on cigarette permit No. 78-57
It was moved by Selzer and seconded by Foster that
the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
Selzer x
Vevera x
Passed this 20th day of September , 19
77
369
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Pao �hPvs iac Po�ved +Gal- K e G+is7 CouNa'.� c` 1i+e G'i*
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_-1,�r ,:�ThtL;.lrt!c�►as@y gai�a-s/ei. of Tr��v�� 40 6W*fm
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_ .:/�• S. A.T.. 'Fyt.. ca»-WeoC•riow o7- 444.3 AGTERi" %7't";P,
RESOLUTION NO. 77-377
RESOLUTION DIRECTING ACQUISITION OF R -O -W SCOTT BLVD.
WHEREAS, the City Council is desirous of expanding the economic base
of the City of Iowa City, and
WHEREAS, the City Council recognizes the value of good, clean
industrial expansion as a benefit to the entire community both in terms
of employment and additional tax base, and
WHEREAS, the City Council wishes to remove heavy truck traffic off
the residential streets and the downtown areas of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Iowa City direct the City Manager to proceed immediately with the
necessary acquisition of properties to obtain a 100' R -O -W for Scott
Blvd. between Highway #6 Bypass north to Rochester Avenue and that plans
and specifications be developed as soon as possible for construction of
this arterial street.
It was moved by Selzer, seconded by deProsse, that the Resolution as
read be adopted, and upon roll call vote there were:
AYES:
NAYS: ABSENT:
X
BALMER
X
dePROSSE
X
FOSTER
X
NEUHAUSER
X PERRET
X
_
SELZER
X
VEVERA
Passed and approved this 20th day of September, 1977.
i
Ci-ty Clerk
�-
9
3703 -1
RESOLUTION NO. 77-378
RESOLUTION APPROVING PLANS, SPECIFICATIONS AND
FORM OF CONTRACT FOR THE MORMON TREK BLVD.
IMPROVEMENT PROJECT FAUS M-4039(1)--81-52.
WHEREAS, on the 22nd day of August, 1977, plans, specifications, and form
of contract from the Department of Public Works, Iowa City, Iowa, were filed
with the Iowa Department of Transportation, Ames, Iowa, for the construction
of the Mormon Trek Blvd. Improvment Project within the City of Iowa City, Iowa,
and
WHEREAS, said project is to be funded in part by Federal Aid to Urban
Systems monies, and
WHEREAS, notice of hearing on plans, specifications and form of contract
was published by the City of Iowa City, Iowa, as required by Law:
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the said plans, specifications and form of contract aAtalre'd:XWXN ttst
5eC9 bxhttmtA?alYd; by this reference made a part hereof, are hereby approved as the
plans, specifications and form of contract for said Mormon Trek Blvd. Improvement
Project. Further, that bids will be opened by the Iowa Department of Transportation
on the 11th day of October, 1977.
It was moved by Selzer and seconded by deProsse
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
—R— deProsse
x Foster
x Neuhauser
x Perret
x Selzer
x = Vevera
Passed and approved this 20th day of September 1977 .
11AAW A I O1)Jfil A 11-614
Mayor
City Clerk
Received & Approved
By The Legal Department
3 7/3
RESOLUTION NO. 77-378
RESOLUTION APPROVING PLANS, SPECIFICATIONS AND
FORM OF CONTRACT FOR THE MORMON TREK BLVD.
IMPROVEMENT PROJECT FAUS M-4039(1)--81-52.
WHEREAS, on the 22nd day of August, 1977, plans, specifications, and form
of contract from the Department of Public Works, Iowa City, Iowa, were filed
with the Iowa Department of Transportation, Ames, Iowa, for the construction
of the Mormon Trek Blvd. Improvment Project within the City of Iowa City, Iowa,
and
WHEREAS, said project is to be funded in part by Federal Aid to Urban
Systems monies, and
WHEREAS, notice of hearing on plans, specifications and form of contract
was published by the City of Iowa City, Iowa, as required by Law:
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That the said plans, specifications and form of contract aAtalre'd:XWXN ttst
5eC9 bxhttmtA?alYd; by this reference made a part hereof, are hereby approved as the
plans, specifications and form of contract for said Mormon Trek Blvd. Improvement
Project. Further, that bids will be opened by the Iowa Department of Transportation
on the 11th day of October, 1977.
It was moved by Selzer and seconded by deProsse
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
x Balmer
—R— deProsse
x Foster
x Neuhauser
x Perret
x Selzer
x = Vevera
Passed and approved this 20th day of September 1977 .
11AAW A I O1)Jfil A 11-614
Mayor
City Clerk
Received & Approved
By The Legal Department
3 7/3
RESOLUTION NO. 77-379
RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF FOUR
STORM WATER MANAGEMENT PROJECTS IN RALSTON CREEY.
WHEREAS, Highway Contractors, Inc. of Burlington, Iowa,
has submitted the best bid for the construction of the above-
named project.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the contract for the construction of the above-named project is hereby
awarded to Highway Contractors, Inc. of Burlington, Iowa
, subject to the condition that
awardee secure adequate performance bond and insurance certificates.
It was moved by Foster and seconded by deProsse
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
x
BALMER
dePROSSE
FOSTER
NEUHAUSER
PERRET
SELZER
VEVERA
Passed and approved this 20th day of
September
19 77
i
Received & Approved
ry The Legal D_partrtment
- FO; THA tEr.AL EFFECr 0; 'rH! USF-- ..__
Oslldal Farm No. 30 A,.»+...1 •„+r..+. s,.. ., r. oars Of THIS FORM, CONSULT YOUR LiwYt;
LEASE --BUSINESS PROPERTY
THIS LEASE AGREEMENT, osecuted in duplicate, made and entered into this day of NgyerT�ber I�
191 , by and behveen _tile City of Cyt �yty Iowa a municipL31 corporation____ it
- h
f9
(hrreindFter celled the "Landford'I
whose address for the purpose of this leas., is_ Civic Center Iowa City I
(Street end Number) lane) (I
los..) 52240 and _ nt n Bus Depot of Iowa itv• frtwa1— II
- Izip Code) _ -----
Inc., - I
I
p
(hereinaFter called the "Tenant'l f
whose address for the purpose of this lease is____.404 Bast College Street Iowa City l
Iowa 52240 I$Nf1 end ""sob r) (G l
(51,}.)
We cad.). WITNESSETH THAT: �I
I. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and condition, Fara•
in contained, on the part of the Tenant to be rept and performed, lanes unto the Tenant and Tenant hereby rent and 1-11-1 from Land•
lord- according to the forms and provision, herein, fire following descriSed real "fate, situated in Johnson I
County, lows, to wit: ...
The South 70 feet of Lot 5 in Block 43, and the South 70 feet of the West iI
10 feet of Lot 6 in Block 43 in Iowa City, Johnson County, Iowa, according.
to the recorded plat thereof. -•
With the improvements thereon and all rights, easements and appurtenances Ihnrato belonging, which, more particuieriy, include, the space and II
premise, as may be shown an "Exhibit A", if and as may be attached hereto, for a lama of two years, commencing of mW I
nigh! of the day previous to the first day of the lean term, whkh shall be on the W - day of ..Decemho r It
is 74 sed tedbq at midnight on the lad day of the lees, term, which shell be on the 30th day of �01@II31]%L iI
19 76 ,upon the condition that the Tenant pays rent therefor, and other,;,* perform, as in Ibis base provided. I'
n addition, Tenant shall have the option of renewing this lease for two 2-vear nprinrfa I�
upon the same terms and conditions provided that Tenant gives written notice to Land-
lord 60 days prior to expiration of lease term of intention to exercise renewal option.
2. R -ENTAL. Tenant agrees to pay to Landlord as rental for sold tam, ns follows: $ 325. 00
per moefh. In advance, the first nM payment beeemiov dsn upon
Strike}oiXtiit7il'diN6lJfe[:{3t�f?liy6Yx .
one Ib) the 1st day of December ly 74
end the some om emAt, per nsonfh. In advance, on the 1st day of each month thereafter, during the farm of this leas-,•
In addition to fhb above monthly rental Tenant shall also pay: '
All sums shall be paid at the address of Landlord, as above designated, or at such other place In lawn, or elsewhere, as the Landlord
may, from time to lime. previously designate in wrifing.
Delinquent payments shall drew interest at 9.'n per annam from The due data, until paid.
3. POSS=35104. Tenant shell be anliffed to possession on the tint day of the term of this lease, and %hell yield possassfan
to the Landlord at the limn and date of the class of Ihis lasso term, etcopt es herein olherwbe a,praisly provided. Should Landlord be urn
Chia to give possession on sold date, Tenant's only damages shall be a rebnnng el the pro rate rental.
4. 1172 OF PREMISES. Tenant covenants and ogre*, during the lam of This luau to use and to occupy the leased premises only for
LIS dr pot
For reslrktions on such use, sea peragraphe 6 (e), 6 (d) and I I lb) balmy.
S. 911127 ENJOYMENT. Landlord covenants that Its estate in said premises is lee simple
anJ that the Tenant on paying Its rent herein reserved and performing all the agraemnnls by Ihn Tnnent to 6. Fall., rn.l as praddlr)
in Ihi, Neta, shall and may peaceably have, hold and enjoy Ib demo>d premises for the term of This leave free from molntalion, eviction
or d;'urbnrco by the Landlord or any other persons or legal entity whstsaever. (Eut see paragraph 14. L•o(ow.)
Land'ord, shell have the right to mortgage all of its right. Tills, interest in said premises at any Timm without notice, subject In this lease.
6. CA112 Aon MAINTENANCE OF PREMISES. (a) Tenant fain said premises In their present condition o.cupt for such
rep.sirs aril albnlfons as may b3 ,,pt.ttly herein provided.
Landlurd agrees to remove the gas pump islands, hoists, and overhead doors as
ITP.CCS SAI'l'.
•i r. .. reM1.1 lel\ w tY'r�" \11. F. I.r,AM.,'-�•.--.. .. :�. '.':. :.� .. -. ,� ... .._
,�,— 1. ...—'•':'.«'�' .me:,�',,..: nm�. ,. ':i' :+�.,.w...�:"'... M e, (.3 .30. LiASI.eUSIM"I P.MM-eTT�
ieb hl„rl"n eT^M Ie, IYI,.
W TENANT'S DUTY OF CA%= AND MAINTENANCE. Tenant shell, sit,, faking pau.::ion of said prnma% and unfit the brm;4aj;P
OF this lease end th, actual .moa the pr.m;wL at ;is own ort. row, cam For end m said premisas in s reasonably sofa and urviee-
abls sand;l o.:LOeepX_1CMst5LQ ,1'](:;Ye3ik".fy``C,K Ten°nf will fu,n4h its own int.d eJumr deean Hnq• Tenant .;If not permit or
allor said remises to be dams eo r d*prec;atad in value by any act or negliganca of 64t rnat• its agents .w empiq..s. Without limiting
fir. q,narslity of th, foregoing. Tenant will make necessary repairs to the saver, the plumbing, the water pip" cad electrical
wlrlag,?s;ep��jgy{X Landlord shall have no responsibility to repair the Structural portions
of the building, which repairs shall be solely Tenant's responsibility and obligation,
and Tonint agae to Leap faucsh closed to as to prevent wails of water and (loodiag of premius; In promptly hie cars of any Isn:nge ar
stop pa:, in any of the water, gas or wade pipet, The Tanant agrees to maintain adwuate hent to prevent freodeg of Fatpes, If and
only If !so ofhvr terms of this 1,eas, rex responsibility for healing upon the Tenant. Tonerd al its own eroense may ;mlaU if,., cover-
ing and will m s;A!.;n such floor eovar;ng in goad condition. Tenant will be responsible !or Cie plate glass ie, the windows of Lha
loafed premises and far maintaining e parking area, driveways and sidewalks on end nbu Fling 64 basad premises, H the
IeosaJ premises Include the g: a,nd ^nor• and II the other terms of this Ions* Include prank" so descr;iW, Tenant :bell mese.
no siractarat alterations or Imorov°meets without the wrllfen approval of the Landlord Frs$ ;sod Sed obtate.d, of the plans
and sp,c:irallens therefor.
(d) T, -.ant will rn 6,no unlawful use of told pr.mues and agrees to comply with all valid mguletions of the Board of H,alfh, City Ordi•
nencas or appl;cebl. municipel;fy. !h, laws of the State of Iowa and Iha Fedarel govamment, but ibis pm.;,;on emit of h. coostm d as
cre,hrg any dvh/ by Tenant to mmbnn of the g.owsl public. If Tonsnl by the loons of this Ions* is loosing prem{s,e on the ground
floor, it wall not allow trash of any find to accumulate on said promises in the halls, if any, or the alley or yard in iron}, rid. or rear thereof,
and it will rams" same from the premius at its own erp,nse. Tenant also agree to amovs snow and ice end ofhsr obstac!n from the s;do.all,
on or abuf!ing the premise, if prom;m include the ground floor, and ;F this lease may be fairly comhued to impose such liability an the
Tenant.
7. (a) UTR{TI!S AND 5'eRYICES. Tenant, during the te.m of this lees., %hail pay, before definqu*nc/, all charge, far use of }ala•
phony, wnbr, s,wnr, gas, heat, (if F.,ting is Tenenp, responsibility), olsct4city, power, air caadilioe;nq (;f air conditioning is th* Tenant's
respom;b:!%), garbage disposal, trash disposal and not limited by the foregoing all othm ufiltt;ss end sanicss of whebvv Und and nature
which may be sand in or upon t.-b;.%
dem;:.d promises.
(b) AIR CONDITIONING equ;am,nt shall b. furnished of the ecpenve of Tenant and rv. falnunc. }hereof at
(Landlord or Tenant)
Lha oxp,ase of Tenant
(Landlord or Tenant)
(c) JANITOR 521MCE %bell b, fumishsd at fire nsp,nse of Tenant
(Landlord or Tenant)
(d) HEATING shell be f-rnhhad at the expense of Tenant
(Landlord or Tenant)
SURRENDER OP PREMISES AT END Of TERM—REMOyAi OF FIXT1.1A3. Tenant egress that aeon is. Isrmination of Ihh
Ions., it will surrender, yield up and driver the loosed pram;sas in good and clean condition, except the offals of ordinary weer and leer and
depreciation arising from lapse of lima, or damage without fault or liability of Tenant. [Sas aim I1(°) end II (*) Were]
(b Tenant may, at the pira5so
an of the form of this base, or renewal or rsmwis IhomF or at a reanable tins IhwnFix, if Tenant is
not in �es
afau!t h,roundu, remove any nshrres or equipment which laid Tenant has inslaliod in the based prem;sq pra+iding mid Tenant repairs
any and all damages tamed by removal.
receipt Oe Dlec Nod m hl b itba..ndiordss1nnd abient° weritteeratresm°na by 0, farm of Isis lass,, 6-16, Tenant. coupled with the
P' -P Y ( 9 Y p,rti.t for an sifension of this esu, or for a new
leas,) shall consPlutn a month to maafh oafemton of this lass,.
9. ASSIGNMENT AND S09LETTING, 11ti•X3i's3J.i5)i7DlcdiY.ai%;fYtf:BK]:bfe'iM A-!LitlKpY'!d2(M:O7C7aypo,+CbL!{7l7ftyrJllK
Tbiisl'Eli:!:uan'3i?.\>i3iifielibecs:a.re,•iC3ibTK:hY3]i.��-spp'ifdatini)firiLCedNbfAT'-aifiir i::.?a'v13ihIXltiK?Sk'3eTn3e.Y:SiC!!N}iatdoct-
dxb.XyaynoTnasfnrsev.\,,i.ai•iminiP4isiJiio'w-}'�s:�oLKitShY.:F]iio',1:a%1"uu�f.'n?" This lease and Tenant's rights
to the property shall not be assignable or subject to sublease under any circumstances, ex
in the event of Phillip Spelman's death or disability as would prevent him from conducting
ID. buggineE.Ss as d to nod }�y the ('1ty
(a) ALL REAL ESTATE TAXES, except as may 3e uiheu erpauely pvs•iierl rn Ihi{ perngnpTr IS teals? ar au,ssad by law•
ful authwih/ (but reasonably prste.•ving Lopr' d's rights of appeal) egtg,if said real property shall be !:rely paid by the parties in
the foiL•.%rng proportions: 6y Ler.?lordg bb ,.; by Tenant _4s._%.
lb) Increase Fn such tares, evc,pf ea in the nest paragraph providrd, obeys in, amount paid during the bons year of
(bate year if and as may b, defined ;n Ali pwagmpb) Anil be paid by Landlord, 100 %; by Tenant 0_*,�-
(c) Incvss, in etch loses tsu:ed by impreroments of Tonal shall b, paid by Landlord 0 %; by T,ra-i 100 %.
(d) MSONAL PAOT!M TAXES. Tenanl agrees to timely pay &!I Isr,4 annsm,nfs or other public dare fryW or assoued by
lawful eulhorily (but reasonably prne.•v;ng Tenant's rights of appeal) against its personal pmpsrty on the, pamh n. during Ih, Term of this
Isas,,
(n) SPc CIAL ASSESSMENTS. Special assmsm.nh shall be I;m,ly paid by Its, pertf,s in the following procodh•.s: by Ise Landlord
100_0 ; by its. Tenant 0 %,
11. INSUR 17ICZ (a) Ler?;ard and Tenant will each Linn its ra%peclive prop,rfy ;n I,r,0s in Iha p:emis,s and ;•s'\b:!;F/ ;n ,gard
rh,rv!:•, ."J IE, pnrsansl prape•fy sa 1he pram;se,, rasso,i ''y Insured against hazards and casualties; that N. fire and 1, 1..bat U%.,Ay coy -
b, azl,rd.? cn•„raga; and T,^ref v,;ll procum And c- .or to 6, Landlord a e,rfilieafion from Iha r.spx8v, ;am..•cs Compania: to
Gar ,^+:l. sap+ ;a:arnne, shall b, m,Js psyebb to IN) pita,, lurnloes their ;,risk may appear, ercepi 69k to, Tar••• s share of such
irvunrrs f•otae'IS ern hereby ess°;rad end made payable N the Landlord to secure ,.at or other obligations 11e, du, an? &-ring Landlord
by T,ra,J. [Sao aim It(.) b,lo.)
(b) fn:ent 01 not do or omit It, doing of any act which would v; gala any ;murancn, or inaenso the inmmnc. ahs L., fore. upon the
,,.1 r `a's imp-..ernnh on fhn F.. -;vs or upon nay F,,mr,l propnrfy of the Tanant upon which Iho Landlod by f•w c, by IES }arms of
Ibis S..' •, as or s:; . have a Pea.
f S:hngnV,, rights ori nst to be waived unless a spacial provision is attached to this leen.
(d! f r..n1 gre,; !a,.-•-T!y "41, rn:nmm,ndaSaa: Of la•.•n Issuance Sarv;co Barem and to bre Pablo far aid :o p•nm,-.t;y pay. as ;f
cu -.,:t • ..•s!. any ;• mass in ;ns•u- :% mho ou as;d pnm;ms and as Iso bu;!d;ng of .h;ch said promises un o pa;q ::a to innans+d rid,
-. a• Fv•. r:!!:ng 1,,.mT,nrfs , of !Fc. premien; o'harw;%, than at h,•n;n eonlemphted sort agre,d.
f•,' ;. ;U.IANC2 PROC:EDi, Lrdlo,d 0n11 c,W, and adjust any *!aim agsisd nny insurance c-T;wy undo. ;!: an;d p.!;<iea of
I.... • -'ms. ori t, . -Sacs m,r;r. 60 b, paid :hlX•X $otd(sXlhs L,ndinrd M�4Qfil::an::<ti3j.TSA.i)'\(i•.ti:v'. F:r}JD'svoj
Ya::XI:!: •;',.f >:rel”r\•.S1!{(Y:a.Y-:'::EX>:\Yr:4:!>:X7it•.\.'/L\',Y\X:(:vJ;:G.L\:l lS�;\\h'�Yr
12. INDI)AN1TY AND LIA21UTY INSUXANC:. ;EX)FSy'yLSa�iv;C;nk,}u-r+15:•: •uK151T'L.,+.:�a33§;{gs:�h—yQyf.i`C'iiJt�:L1utiH
: Fiiti: cY2hY:1tiAl:i Anent will protect ind+mniF/ and lava hem;., the Landlord from and against any and all Ion coos, damage and
_axpsnsas occasioned by, or arising out of, aay accidanf or other ca:urnnw causing or inflicting injury end/or darrego in any parson or
properly, happening or done. in, upon or about !ha Wood prom;ns, or dce directly or indirectly to the lanancy, use or occupant/ th,,maf, or
any part thereof by IN. Tenant or any Futon cla;rrdng through w under the T.nant. Th. Tenant furthe, cavemen and agre.s that it
will At its own arpeme prat... and ma:nln:n-catualty and I;eb;ty insurance in a to%ponG66 comp,ny or compaaiar avthor;rd to
do business in the State of low., in amount. not leu then 5100,000
for any one peso., ;"jural, and
550010DO for any one accident, end with the limits of $25,000 far prop•
arty damage, protecting the Landlord aga;nst such claim, damage, cosh a expanses on account of injury to any panes or persons,
or to any property belonging to any parson or parsons, by reason of such casualty, acc;d.nt or What happen;ng on u about the domhed
promises during th, term tromof. Certificates or apes of said polices. naming the Landlord, and providing for Sfteea (15)
days' notice to Ina Landlord before cancellation shell ba delivered to the Landlord with;" fwenty f 20)
days from the data of fhu beginning of the term of this lase. As to ;nsunnco of Iha Landlord For or and dmchral faults,
sae paragraph 11 (a) above.
13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISTS. (a) In the event of a partial dasto e;ao ar dam
ng* of the
leased premises, which is a 6m;nou inladannca. lhaf is, which prevents the conducting of a normal business operation and which damage Fs
rwuma61y repairable within silly (50) days after its ncarrencs. !his !case that; not temine!a but IN, rant far IN. leased pr,m;w, shall also.
during the time of such business in.donno.:U:ul'?itiii3L'o=;bee:'"aS�ii'.i`c3ddriNeridtdidiS3uA,h_'i''a;i?iiic'i.•biaie�ii:iNilii`w*j
(6) TONING-: Should fthe )ds;ng ordinenra of the city or rnun;c;petlty ;a which In;% properly is located mike it ;mpess;bte for Landlord,
using dil;gent and timely x,164 to obto;q neceuary parmih and to repair end/or rabuAd so that Tenant is not able xo conduct its business
on these premises, }hen such(perti.l dntructioh shall be treated as a total destruction as in the next peragmph proviefed
•r ,
(c) TOTAL D"aSTRUCTION OP BUSINESS US2. In the event of a destruction or damage of the laas+d pram;,*% Lsaledieg IS. poA.
Ing Oren fir a parking area is a pelt 'of ,the wbjxi ,.tans of this Iwse) w that Tenant ;s not able to conduct its busin t, cis the pnm;ua or
the IS current legal 'este fir which the pram;s*, an being used and which damages cannot be repa;rod within sixty (SO)
days this lease my be terminated at the option of *;the, the Landlord or Tenant Such Iem;nn Con ;n such event shell be aRwded by written
notice of one party to the other, within twenty (20) days arta, such destruction. Tenant shall surrender possass;on within
ten (10) days after such notice ;sues, and each party shell be raloatad From ell Future o6ligetiom hereander. Tenant
paying rental pro rate only to IN. date of tuck destruction. In the went of such term;celion of Ihis laasn, Landlord lot its �ptian, may rebuild
or met according to its own wishes end needs.
14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should !hs whole or any part of the d,mhad premise% 69 condemned or
tekan by a competent authority for any public or gua,;-publ;c use or purpose, each party shall ba entitled to retain, as ;h sen property,
any award payable to it. Or in the event that a singl, entire award is made on account of the condemnation, each pe•y will than ba an.
titled to take such proportion of said award as may be fair and reasonable.
(b) DAT'. O} LEASE TERMINATION. If me whole of the demtsd pnm;te% shell be on condemned or lak,n, the Landlord shall not be
liable to the Tenant except and as its rights am pias urved as in paragraph 14(a) al.we.
15. T.RMINATIOH OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF
DSFAULTS. ThN lease shall terminale upon expoa!;on of Aha demised Cann: at if this Imam' exprasly end in writing prpnd,s for any opRon
or options• and if any such option is enresad by the Tenant, then this lime will terminate at the expiration of the rp5an to -no or term,.
Upon default in payment of rental herein or upon any other default be Tenant in accordance with the terms and prr. tioc% eF this lame.
this loose may of the option of the Landlord be taacel;ad and for.'e8ed, PROVIDED. HOWEVER. before any such cxnc,0atica and for.
fei:ure except as provided in IS(b) below, Landlord %hell give Tenant a wr;han notice specifying Ahs default or defau;•s and slat'ng that
this lease will be eenceCsd and forfeited tan (10) dap arts, the giving of such notice, unless such deF n:.. or dafauhh ore
remedied within such grace poriod. (Seo paragraph 22, below,) A% m addFUonsl optional procedure or as an nllnrna 5•s to !.-s Forego;ng
(and neither exefus;ve of rho other) Landlarl nay proceed as fn parn3:aph 21, 6alow, provided.
(b) DAN%RUPTCY OR INSOLVENCY OF TENANT. In the event T,nnnt is adjudicated a benkmpt or in the av,nt of a judicial tele a,
nine, fransfer OF Tenant's IaasahoH interest by mason of any benkmplc/ or httotvemcy proceedings or by other operation of I -w, but not by
death, and such bankruptcy, judicial tele or transfer has not been vacated or at aside within ten (10) days from the giv-ng of neNce thereof
by Landlord to Tenant, than and in any such events. Landlord may at its option. ;mmed;afely terminate this leafs, re -anter said prem;:et,
upon giving of ten 110) days' written nctics by Landlord to Tenant. torr/r/,y
(e) In (a) and ib) above• waiver as to any doiault shall not comfifute a waiver of any su6rogaant default or
(d) Aeeoplanea of Lays, advertising and re -renting by the Landlord upon the Tenant's default shill be cornho,d only'ax"eh'nrrerh to,miiry,'.
gale damages by the Landlord, and net as an agnament to terminal, }his lease. 1\kLa' • ,•' , .�, '-
16. RIGHT OP EITHER PARTY TO 9AA%E GOOD ANY D!FAULT OP THE 07H'a2.
If default shall 6s suede 2y'e;fhx pe.ry in the-, s
performance of, or compliance with, any of the fa"h coyenanh at eond;tions of this lana, and such detoull shnll;hays'MAN,% id fir'JJhirty
(30) days after written notice rh,reuF from ane party 10 the other, tie p,ron oggriev,d, fn addition to all other rpnad', rhes tr, har•in)ler f
provided by law, may, but need not, perform such form, covenant or condition• or mens god such default and any acre .na advanced shell; j
be repaid forthwith on demand, together with ;ntemst of the rata of 9__% per annum, from dela of advance.
12. SIGNS, fa) Tenant shall have the right and pr;v;legs of attaching. affixing• painting or .6;61ting signs od :per Is,ted ps4ri4ei,11tl
Pr Mad only (11 that any and all sign% shell comply with the a,d;nence% of the city or municipality ;n which the propel-/ :i ;naiad ngdrthh
ave of the Slate of toe&: (2) such s;gas shall not change the structure of the building: (3) such signs if and when to," down %hall not
done go the building; and (4) such signs shall be subject to the written approval of the Landlord, which Approval shell net be unreasonably
withheld,
(6) Landlord dux;ng Abe Inst ninety 1901 days of this leasm of w!ans;on, shall have the right to maintain in the wine—, or on the build.
.;ng or on the premises either or both a "For Rent" or "For Ssle" sign and Tenant will permit, at such I;r••e, prospsclive i..ren!s or buyers to
enter and examine the premhes.
t0. hd ECHANIC'f LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have ^.e r:0? to Cls or
place any mechanic's '.sn or other lien of any kind or chant., whahaever, upon said premise, or upon an
yy building or iep.o•amenl Ihnre•
on, or upon floe leasehold Interest of the Tenant therein, and no!ice it hereby given that no contractor, sub<antrac.or. v an>ons also who
may Turn;%h any malarial, service or labor Far any b•ild;ng, fmpn vmheafs. al!ernl;nn. rep,;n or any part th,reaf, shall of ser i ms b, or become
nctdlad
to any lien Ih,rsant and for the furlhsr security of the Landlord, the Tenant covanan!, and egroe, to give ect%:; nctiaa thereof ;r
advsnco, to any and all contraclors and sub•conlrae!ors who may fumhh or ogre, rex furnish any such m. elv;A service " l.onn,.
19. LANDLORD'S LIEN AND SECU3177 INTEREST. (a) Said Landlord ,hall have, in addition fa the lien give, by Is., a security
interest at provided by the Uniform Comm,rc;al Cede of Iowa, upon all pnrsonel property and a!1 subdituGons the,afe•, ;rpt o. -.d uud on
said premhes by Tenant. Landlord my proceed at l.•. or in equity drh Any randy pmv;dad by law or be Ihis lass. for ti. r-:avny of rant,
ar
for lamination of this lea,e because of Tenant', defnuU in ;h Forwo aance.
(b) SPOUSE. If spout, Is not a Tenant, thea Its, eoec.fi,A of this ins!mn,nl by the ,rouse s"It bre for the sale p.r)aa o! cresting a
secwdy it ferail on parsansl property and wefv;ng r;gh!s of 1,.om,s!end, r;ghh of dntr;bu Uv, sbarn, aid nrmmpl;ono.
20. SU!STITUTION Op EPU1P4i47, M!2CHANDISE, LTC. (s) ib. Tenant sh,:l have fh, r;)%I. from I;me to G - r. dung It,. !arm
of this lers:o, a ronewal f•ar0. !a :ell u: ash. -v:;, d'spotn of any pemnal pro, ,&/ of Ib.a Tenant d;uatvd r,, IN. sa'v
,,.,.a, it Ih> )u•I3m>nl of the Tunent i! .-A; how b.r:av ebmlel., ouNcrn or vna,c.wery in eonn,:!!an w;fh IN,, opxs^vis c° :Sa business
Co. %aid pnmi:nt: prov;dad, !u•vavar, Ind the Tenant shall ;n such imFonv (rm!au no subst;1o'd e:!;<la or i!em i, stern -:1 r} ;of own
or,o u,, sub:l;lute for %nch ;!ams of peroral praoarty w sold or olherw%, d;spm,d of, a now or n'her ;lam in mbstitarnn cxrcf, ;a like
rn ;rash•, vat., and adey!,4 to the aM,id op... For or the Lu%;nen upon f:., demis,d eremites.
(1.) !7'dh'eq I,rnin ecnr.,inod shell hA enmtrced a, darty;ng to Tnrnat the right to d;spots of invenfmied mnrehanela ;n :bre ord;n,ry
urvrse rl Is., Taaart's frrd, At buiians.
tote :•t x,rMr�v r.. r.
^o,,. ...nn
°,:. tote.., ,..:,,:.•.+.. ",, . . m.,. r.. r."-: un. ,.
. .r+�•l 21. R1 IIT CUMULIT IYL 'Tbi ver;oui righh.'powm, opfian+, afedion+ and monad;.+ tui either petty provid.4 in Ili, e. +eel .::v,\
J.'6e'coAshV d as cumulative end no of them at aaduslve of the others, or e.dutive of y nigh I. rornaJins or prioritis ellaweJ either
party by law, and shell in no way a�r impair the right of either per}y to puns,. any 0 quilabla or legal remedy to which .;that party '•
may 6% entil!ed as long as any da remains in any way tmr.= ;+d.. ,t5.fi>d or u urged. ..
22.- NOTICIS AND DEMANDS. NeNcM os provided for in this lease shall be given to the respectty parties karate at
th, rram+ctive addr.tsns d,,;gnathw
nd on page one of tSis eanlen eilh.r party nolifias the olheq in writing, of o different a?fires:. V/ilk•
out p,sjud;ce to any olhsr method of notifying a party in wril;ng or making a demand or other commumcalien, such massngo :hall 6a
considered given under the terms of this lea" when sent, eddr,, .d at above dsdgnel.d. postage pr.paid. by registered or codified mail,
rotum race;pt mquoled. by the United Stale mail and so deposited in a Unitrd States moil boa
23. PROVISIONS TO DIND AND 6INIFIT SUCCSSSORS. ASSIGNS, ETC. Each and a,r.ry .a nant end agrewrwnl herein cont
to;nsd shall attend to and 6e binding upon the mpective sucdaswrs, heirs, adrein;dratom executors and assigns o; INA pnd;ea Iunlo; incept
thal if nay port of this lent. is hold in joint tenancy. Ilre successor in interest s:aail b, the surviv;ng joint tenant. .
24. CHANGES TO 116 IN WRITING. Nara OF IN- eovenaals, proddons• farms or coed;lines of 15;s loses to tie kspt or pstformad
by Landlord or Tanank shall be in any manes, modified, waived or abandoned• except by a written Irsimon. t duly signed by if,. par.;,,
and da;;vorr3 to the Landlord end Tenonl..This lass. contains the whot. agr eemen4 of the parties. ,
23. RELEASE OF DOWER. Spouse of Landlord, appears as a perlyy s1 nalory M this leew solely for the purpose of releasing dower, or
dis!ributive share, unlats said spouse is also a co•ownsr of en inhrett to Ihe leased promiws.
26. CONSTRUCTION. Words and phrases herein, including ecknowtedgmed heoof, shell ba comlmw3 as in the singular or plural
numb.,. and as masculine. fam;n;ne ar nein., gond., according to the cant's!. • _ . _
2T. Rugardless'.of the'provisioas of paragraph 9 hereof the
tenant herein shall have the right -to sublgt,.a'portion of
cthee hpr❑{enpisfes tojthedSuper Cabo Inc. vithouY•bri�or written
IN WITS E53 WNi1f60F, Ih th ea?ra n , aal7 enculed This laevo in Jupikete Iia day End a•pr lir S ebwe•writtsn.
s
City of Io 'ar•City
By:
7
V•
LANDLORD'S SPOUDI' 1y er LkNDLORD
(Sawperegrepls 25).;. .. -
TENANT'S SFOUSI
IS" paragraphl7(b)2 Un on us De*ofa City, Inc.
INDIVIDUAL._By President
STATe OF SS. B c' o nr�r OI
COUNTY OF - reaSnre: TENANT
On Ibis day of,17._, before me, he undam;gn ,n end for sa:d County sed
•'�eww s Slat,, panon,ily Appeared
, . end
to m+ personally known to be the Identical parsons named in and who nmcufed Ih, w;thio and forego;ng • wriment, and
ecmO.!,dged that Ih,y emculsd the same es !Feil vo!un try act and dead.
_ _.____.r,_•___,__,___,�.__._ Notnry Public in and for wird County ores :'•'•
COR?ORATION.
STATE OF 1Vw1s
COUNTY OF JOHNSON 55., .
On ibis �+� day, of November A. D. 17.7., before ma Ihe undersigned a Not • ... ••:
end for sn;d Count/ end Slat,, pers6nelly appear,d Phillip Shelman and
to ma pen natty known, who being by ms duly sworn, did sly that Ihey ere the _r--11
Itpxaa-
:1�1��1! andL _ respncl;wly, of said <orpomlion a"culin9 the
',.�•;rF,'as6nd'fdrtrka{qq lffmmen , the! (na heel F s bean p oeurad 6y Ina saidlI corporation; Ihn/ said Instrument sons !;greet (and aaalsdF on
,",`"'•� .si , •, (,.,rty (Ips unl a 'sed feral* ;s the seer of uidl
o., om.w •; babel. of said car n�ix:�r b eulhbri of Ib Beard of Direclan: end hal tha slid P11""R Spelman ,\and
..,.. n, as? ;, r p•I f , v h . .
i_ r* I s wc;+ ofiicars acknowledged' Ihe execution of wird ;__kSj�77
e Ihe vohsnlary act and deed of w;d car nrafian,
i,by,k ul,� t th�:nluntsAy ewtal.d.. .. -
r Ott 1,p1 •/ //n�yr �J� Motary Publicin and f r said County and Sbte
ut„r i LLr+
STATE OF _—f SS.
COUNTY OF.
On 01%day of A. D. 1'7__:_. 6nforn inn. IN, undartignad, a Nalnry61i
Pct in
and (r• said County ;n said Slat,. parsenally appeercd es Em<v!or of the Estate of
D,coawJ, to ma mown 10 bn Ihn identienl person nomad in and who eweuled the.
f:ragoiag imlru.menl Ad nctnmvledged fret _tin e,r_ufad ills same as the voluntary act and dead of himt,ll and of such fidudery,
(SEALI �_— .,� Notary Public in and (at mid County and State
PvMMit _
S•FTE OF
COU", OF
A. D. I)------- her", on, 14n unJonignnd, n N -tory Pcb(lr, in
nc3 is• sn%1 Ccanty sad S!s!e pvwee!ly eppeoad _— ------�—" a"•' —_—�—
b nn P"mn,lly mown, who, being by me duly sworn, did sly that he it (It's em( member(:) of :ha Partnership
_ _ emculing
the .;::.in end foregoing indvmsnt and ac1m,oAad•pd Ih,t (be)
(rsyi vrn•.ulnd Ike n— .n Cin valunhry ad end deed of :hid co•p"Ift"(s) by (h;ml Ithare) and by said partrersh;p volcn!arily emculed.
...._..............._.,».._..__...__...._....._.._._.._..._.._ Notnry Publ:c in and for said County and $tn!e
F:r rrKn•%tl dgmar• ns a corpor_-ia fidecjary
syt ::bvvr;o Sida or Cowl Officer Dood
i%fii•7idl Form f•lo. !Df).
(4)
:) ` i:• ret..
i
RESOLUTION NO. 77-380
•
A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN OPTION TO
EXTEND TIME FOR A LEASE OF CERTAIN PREMISES BY UNION BUS
DEPOT OF IOWA CITY, IOWA.
WHEREAS, the City of Iowa City ams certain property at 404 E. College
Street in Iowa City, Iowa, and
WIEREAS, in November, 1974 the City of Iowa City entered into an agreement
(a copy of which is attached to this Resolution and by this reference made a
part hereof) with Union Bus Depot of Iowa City, Iowa, leasing said property to
said Lessee for a two year period with option by said Lessee to extend the
lease for two 2 -year periods upon the sore terms and conditions, and
WHEREAS, Lessee has extended the lease in 1976 and has now given written
notice sixty days prior to the expiration of the term.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA,
that the Lessee's option to extend the term of the lease be accepted and that
said lease be extended under the same terms and conditions until November 30,
1980.
It was moved by deProsse and seconded by Balmer
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
Balmer
X
deProsse
X
Foster
X
Neuhauser
X Perret
_
X
Selzer
X
Vevera
Passed and approved this
20th day of September 1977.
RECEIVED h APPROVED
BY .TIIE LEGAL DEPIdiTMENT
sOLUt'ICN No. 77-331 •
RESOLUPION CORRECTING PRL CXJS R SOLUi'ION OF TIE
CITY COUNCIL DATED JULY 13, 1962, CONCERNING THE
PLAT PROPETrI'Y OF W\X YOCUM IOC ATED ADJACENT '10
IPHAT WAS TIIL•:N ME NORTH CORPORATE LIMITS OF TILE
CITY OF IOWA CITY, ION1, AND iFEST OF OLD HIGHWAY
@218.
WHEREAS, on July 18, 1962, the City Council of Iowa City, Iowa, resolved
that the plat property of I•lax Yocum which was then adjacent to the North
corporate limits of the City and stated to be west of old Hiahway 1#218 be approved, as
reccmTended by the Planning and zoning Commission, and
h'MEAS, this plat property is now known as Yocum's Subdivision, and
Lv'[IEREAS, Yocum's Subdivision is actually located east of the old Highway
'218 right-of-way, and
WHEREAS, there is no subdivision known as Yocum's Subdivision or no plat
property once awned by Max Yocum located west of the old Highway '218 right-
of-way, and
WHEREAS, the purpose of this resolution is to make a correctlon in the
location description of the Max Yocum plat property as described in the resolution
of July 18, 1962.
NOW, TIH:REFORE, BE IT RESOLVED BY ME COUNCIL OF THE CITY OF IOYA CITY, I011A:
1. That the City Council finds that the resolution of July 18, 1962, des-
cribing the plat property of Max Yocum under consideration to be located west of
old Highway '218 was erroneous, and that the actual location of the plat property
in question was east of old Highway ,$218.
2. That the City Clerk is authorized and directed to file a copy of this
resolution with the Johnson County Recorder, so that this title problem will be
eliminated.
3. That the Mayor is authorized to sign, and the City Clerk to attest, this
resolution.
It was moved by Balmer and seconded by Foster
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Balmer
deProsse
X roster
X Neuhauser
_ X Perret
X Selzer
X Vevera
Passed and approved this 20th day of September 1977.
3;7/F
i
Res. 77-381
-z -
VOILU C. UTLA,U—A- G
J Mayor
ATM-ST:—
city Cler
State of Iowa )
) SS
County of Johnson)
On this 20th_ day of September , in the year 1977 , before me,
, a notary public in and for said county of Johnson
state of Iowa residing therein, duly conmdssioned and sworn, personally
appeared Mary C. Neuhauser , known to me to be the mayor, and
Abbie Stolfus , known to me to be the city clerk of the city of
Iowa City the corporation that executed the within instrument,
and acknowledged to me that such corporation executed the saw.
In witness whereof, I have hereunto set my hand and affixed my official
seal the day and year in this certificate first above written.
\,J lid—i.�l.h Ll. � Ct✓� J--�..-%' '
Notary Public in and for Johnson County,
State of Iowa ;
MY
a