HomeMy WebLinkAbout1986-01-28 ResolutionRESOLUTION NO. 86-27
RESOLUTION TO ISSUE DANCING PERMIT
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Dancing Permit as provided by law is hereby granted
to the following named person and at the following described
locations upon his filing an application, having endorsed
thereon the certificates of the proper city officials as to
having complied with all regulations and ordinances, and
having a valid Class "B• Beer Permit or liquor control license,
to wit:
Crows Nest Inc. dba Crow's Nest, 313 S. Dubuque.
(1,000 sq. ft.)
It was moved by McDonald and seconded by Strait
that the Resolution as read be adopted, and upon rol ca t ere
were:
AYES: NAYS: ABSENT:
Ambrisco X
Baker X
Courtney X
Dickson X
McDonald g
Strait X
Zuber X
Passed and approved this 28th day of January ,
19 86 .
Mayor
Attest:FuwaJ
City Clerk
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RESOLUTION NO. 86-16
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF APPROXIMATELY 3.61
ACRES OF LAND SOUTH AND WEST OF AND CONTIGUOUS TO THE IOWA CITY
CORPORATE LIMITS BETWEEN MORMON TREK BOULEVARD AND I04fA HIGH14AY 218.
WHEREAS, a parcel of land owned by Maranatha Christian Church, consisting of
3.61 acres, lies south and west of the current corporate boundaries of Iowa
City between Mormon Trek Boulevard and new Highway 218, and the owners have
requested voluntary annexation of said property as provided by Section 368.7 of
the Code of Iowa (1985); and
WHEREAS, this land is contiguous to the corporate limits of the City of Iowa
City, and
WHEREAS, the City of Iowa City can anticipate providing the necessary municipal
services to this tract.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
That the following described land shall be voluntarily annexed to the City of
Iowa City, Johnson County, Iowa, and the City Clerk is authorized and directed
to certify and file the necessary documents with the appropriate agencies as
provided in Chapter 368 of the Code, to wit:
Beginning at the northeast corner of the northwest quarter of the
northwest quarter of Section 20 Township 79 North, Range 6 West of the
5th Principal Meridan; thence S00020'30"W, a recorded bearing, 532.40
.feet, along the east line of said northwest quarter of the northwest
.quarter to a point on the northeasterly right-of-way line of the
relocated primary road U.S. Highway No. 218; thence N47 47'00"W, along
said northeasterly right-of-way line, 792.93 feet; thence S89057'38"E,
along the north line of said northwest quarter of the northwest
quarter, 590.42 feet, to the Point of Beginning. Said tract of land
contains 3.61 acres more or less.
It was moved by McDonald and seconded by Strait
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Ambrisco
Baker
Courtney
X McDonald
X Strait
X Zuber
Passed and approved this 28th day of January /1986.��,�
ATTEST: C,4tLERKW .L �., )
CITY C
Received & Approved
By The L"- - I Dapertsrani
RESOLUTION NO. 86-17
RESOLUTION APPROVING AND AUTHORIZING EXECUTION
LEASE WITH SOUTHGATE DEVELOPMENT COMPANY, INC.
FIRST FLOOR OF THE U -SMASH 'EM BUILDING AT 126
IN IOWA CITY, IOWA, FOR A TERM OF TEN YEARS.
OF AN AGREEMENT OF
FOR LEASE OF THE
S. GILBERT STREET
WHEREAS, the City of Iowa City, Iowa, is the owner of certain premises in
Iowa City known as the 'U -Smash 'Em Building,' located at 126 S. Gilbert
Street, and legally described as follows:
'Beginning at the northwest corner of Lot Five (5), Block Forty-three
(43) in Iowa City, Iowa, according to the recorded plat thereof,
thence south 40 feet, thence east 70 feet, thence north 40 feet,
thence west 70 feet to the point of beginning;
and
WHEREAS, the first, or upper, floor of the building located thereon is not
at present of any significant use to the City of Iowa City; and
WHEREAS, Southgate Development Company, Inc., has proposed to lease the
first, or upper, floor of said building for a term of 10 years, to demol-
ish and remove the first or upper story of said building, and to recon-
struct and convert the first floor of said building to a parking lot for
21 vehicles, to be used in conjunction with its development and ownership
of the old Elk's Building at the corner of South Gilbert and Washington
Streets; and
WHEREAS, Southgate's proposal with regard thereto is set forth in a pro-
posed 'Agreement of Lease,' now on file with the City Clerk and attached
hereto and made a part hereof, and pursuant to which Southgate will pay
} the City rental of $630 per month for said premises; and
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WHEREAS, this City Council did, pursuant to Resolution No. 86- 12
passed and approved on January 14, 1986, indicate its intent to enter into
said 'Agreement of Lease' with Southgate Development Company, Inc., and
did authorize public notice of public hearing thereon; and
WHEREAS, following public hearing on said proposal, and being fully ad-
vised as to the merits of said proposal, this City Council deems said
proposed lease of the first floor of the "U -Smash 'Em Building', pursuant
to the Agreement of Lease attached hereto and made a part hereof, to be in
the best interest of the City of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Agreement of Lease attached hereto and made a part
hereof is hereby approved as to form and content.
AND BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby au-
thorized, empowered and directed to execute said Agreement of Lease for
and on behalf of the City of Iowa City, Iowa.
�,��,,EkR -4
Resolution No. 86-17
Page 2
It was moved by McDonald and seconded by Zuber
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
x AMBRISCO
BAKER
x — COURTNEY
DICKSON
X_ MCDONALD
STRAIT
ZUBER
Passed and approved this 28th day of January , 1986.
ATTEST:
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AGREEMENT OF LEASE
THIS AGREEMENT OF LEASE, made and entered into this 28th day of
January, 1986, by and between CITY OF IOWA CITY, IOWA, an Iowa Municipal
Corporation (the "Lessor"), and SOUTHGATE DEVELOP14ENT COMPANY, INC., an Iowa
Corporation having its principal place of business in Iowa City, Iowa (the
"Lessee"),
WITNESSETH:
WHEREAS, Lessor is the owner of a building formerly known as the "U -Smash -
Em" building located at 126 South Gilbert Street, Iowa City, Iowa (the "Building")
and which is located upon the real estate described upon Exhibit "A", attached
hereto and by this reference made a part hereof, and
WHEREAS, Lessor and Lessee desire to enter into an Agreement of Lease for
the first, or upper, floor of. the Building (the "Leased Premises") upon the
terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual covenants, agreements,
stipulations and conditions herein contained, the Lessor does hereby demise to
Lessee, and Lessee hereby leases from Lessor the Leased Premises hereinafter
a t cu d.,itions and stipulations:
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1. TERM OF LEASE. The term of this Lease shall conmence on June 1,
1986, and shall continue until the 31st day of May, 1996, subject to the
following:
(a) The Lessor shall make the Leased Premises available to the
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Lessee for purposes of remodeling and renovation by the.Lessee no later
( than January 30, 1986.
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(b) The Lessor's option to cancel said Lease upon the terms and
conditions set forth in Paragraph 21 hereof. Provided, however, that
should the Leased Premises be available for parking by Lessee prior to the
commencement of the term as hereinabove set forth, Lessee may occupy the
same for such additional period.
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2. RENTAL. The rental for said premises shall be in the base amount of
Six Hundred Thirty Dollars ($630.00) per month, calculated at the rate of
Thirty Dollars ($30.00) per parking space for which the leased premises may be
utilized, said rental amount being equal to that presently charged by the
Lessor for permit parking in the Chauncey Swan Plaza parking lot adjacent to
the Leased Premises. During the term hereof, said rental shall be increased
or decreased as monthly parking rates in said Chauncey Swan Plaza parking lot
increase or decrease, and shall, at all times, be equal to twenty-one (21)
times the monthly parking permit rate in said Chauncey Swan Plaza parking lot.
Such monthly rental obligation shall commence on the earlier of the following
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dates:
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(a) the date that Lessee or any assignee or sublessee of Lessee
commences parking motor vehicles upon the Leased Premises;
(b) June 1, 1986.
The monthly rental payments provided herein shall be due and payable in
advance on the first day of each month during the term of this Lease provided,
however, that in the event that the Lessee's obligation to pay rent commences
on a date other than the first day of a month, said first month's rental shall
be prorated accordingly.
3. IMPROVEMENTS. The Lessee shall improve, remodel and reconstruct the
Leased Premises in the manner provided in the Van. Winkle Engineering feasi-
bility study dated August 9, 1985, the letter dated December 29, 1985, and the
plans dated December 13 and 16, 1985 to provide twenty-one (21) parking places
on the first, or upper, floor of the Building and to reconstruct the accesses
thereto from South Gilbert Street. Said feasibility study, letter and plans
are attached hereto as Exhibit "B" and by this reference made a part hereof.
Lessee shall be responsible for all costs of such improvements and for all
costs necessary to preserve and maintain the structural integrity of The
Building and buildings adjacent to it. Lessee shall defend, indemnify and.
hold harmless Lessor from and against any and all claims and causes of action
of every nature whatsoever, pursuant to the further provisions of paragraph 10
hereof, arising in any manner from the making of such improvements, including
claims made by the owners or occupiers of said adjacent buildings, unless any
such claim shall arise from the conduct or neglicence of the Lessor.
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4. REPAIRS. Following the initial improvements hereinabove provided,
Lessor shall make all necessary strutural repairs to the Leased Premises
during the term hereof. Such repairs shall include, but are not limited to,
repairs to the floor of the Leased Premises but do not include any interior
repairs to the lower level of the Building, the possession of which does not
pass to the Lessee hereunder. The Lessee shall be responsible for any and all
repairs and maintenance of the interior of the Leased Premises and shall
maintain the same free from accumulations of snow, ice, dirt and debris
throughout the term hereof without cost to the Lessor.
5. CONDITION AND DELIVERY OF PREMISES. The Lessor shall deliver the
Leased Premises to the Lessee "as is", and shall not be responsible for any
repairs, improvements or modifications of the leased premises.
6. UTILITIES. Electric utility service for lighting or other appliances
for the Leased Premises shall be separately metered in Lessee's name during
the term of this Lease. Lessee shall promptly pay or cause to be paid all
costs and expenses for electrical utility service furnished to or consumed by
Lessee in the use of the Leased Premises during the term of this Lease.
7. FURTHER ALTERATIONS AND IMPROVEMENTS. The Lessee may further alter,
improve and modify the Leased Premises during the term of this Lease only with
the advance written consent of the Lessor, which consent shall not be unreason-
ably 'withheld.
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a. USE OF PRE141SES - SIGNS. It is understood that Lessee intends to use
the Leased Premises for the parking of automobiles for Lessee's building
located at the southwest corner of the intersection of Washington and Gilbert
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Streets in Iowa City, Iowa, and Lessee shall not be permitted to use the
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Leased Premises for any other purpose or purposes without the advance written
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consent of the Lessor. Lessee may cause signs, as permitted by Lessor's
ordinances, to be installed on the exterior of the Leased Premises indicating
that the Leased Premises are for the sole and exclusive use of the Lessee and
such tenants and invitees of Lessee's said building as, Lessee may permit to
use the Leased Premises. Lessee will regulate and control the use of the
VLeased
Premises as a private parking lot, and Lessor shall be under no obliga-
tion to regulate or control parking therein.
9. MECHANIC'S LIENS. Lessee agrees not to permit any mechanic's liens,
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or claims under Chapters 572 or 573 of the Code of Iowa (1985), to be filed or
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placed of record against the Leased Premises or any improvements thereon which
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shall be made or caused by Lessee. If any such liens shall be filed, Lessee,
at its expense, agrees to have them promptly released of record. No supplier
of labor or materials at the request or order of or by agreement with Lessee
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shall acquire a lien on the Leased Premises or the improvements thereon which
is paramount to the rights and interests of Lessor. All such suppliers shall
have the right to demand payment for their respective labor and materials from
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Lessee only. The mere filing of a mechanic's lien, or claim under said
Chapters 572 or 573, shall not, in and of itself, constitute a default by
Lessee hereunder provided Lessee shall, within thirty (30) days after notice
of the filing of such lien or claim either cause the same to be released of
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record, deposit a bond or other collateral with Lessor in a form and amount
satisfactory to Lessor to secure Lessor against any loss or expense occasioned
thereby, including attorney fees reasonably incurred by Lessor, or cause the
same to be discharged pursuant to the provisions of § 572.15 or § 573.16 of
the Code of Iowa.
10. INDEMNFICATION AND HOLD HARMLESS. Lessee agrees that at all times it
will defend, indemnify, protect and hold harmless Lessor, its officers,
agents, and employees, and the said Leased Premises from and against any and
all costs, loss, -damage, liability, expense, claim, judgment, penalty and fine
whatsoever., including court costs and attorneys' fees, for property damage
and/or personal injury, including death resulting directly or indirectly
therefrom, or for damage of whatever kind or character, consequent upon or
arising from any neglect or fault of Lessee, its officers, agents, employees,
or invitees, in the demolition, construction, reconstruction, use, or occupancy
of said premises, provided Lessor gives Lessee prompt notice in writing of any
claims communicated to or made against Lessor. If any suit shall be brought
against Lessor or the Leased Premises on account of any matter herein described,
and against which Lessee is to defend or protect Lessor, or on account of any
damage, omission, neglect, or use of the Leased Premises by Lessee, or by .
any other person on said premises, Lessee agrees to defend the same, or pay
the costs of defense,and will pay whatever judgments may be recovered against
Lessor, its officers, agents, or employees, or against the said Leased Premises
and on account thereof. Lessor shall furnish to Lessee promptly all notices
of any such suit served upon Lessor and will cooperate with Lessee in the
defense thereof, but this provision shall not deprive Lessor of the right to
defend any such suit if Lessee shall fail reasonably to defend the same.
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11. LIABILITY INSURANCE. Lessee at its expense, shall
p procure and
T maintain in force during the term of this Lease a policy or policies of
insurance providing comprehensive general liability insurance (providing
!. coverage for loss due to both personal injuries and property damage) covering
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• the Lessee's use of the Leased Premises and under which the limits of liability
y! shall be in amounts of not less than $250,000.00/5500,000.00 with a $2,000,000.00
P.� umbrella coverage. Such insurance shall be placed with a responsible insurance
carrier licensed to do business in the State of Iowa and a certificate of
insurance shall be filed with the City Clerk prior to entry upon the premises
by Lessee, which certificate must be in form satisfactory to the Lessor, must
reflect the coverages specified above, and must evidence coverage for the
contractual indemnity provisions of this Agreement. In addition, Lessee, or
Lessee's contractor(s) for demolition and construction services, shall procure
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builders all risk insurance and shall provide a certificate or certificates of
insurance evidencing such insurance coverages for review and approval by the
City Attorney prior to the commencement of demoltion and/or construction on
the Leased Premises. Such insurance shall be in amounts of not less than
$250,000/5500,000 with a $2,000,000.00 umbrella coverage. Lessee, or Lessee's
contractor(s), shall maintain said insurance covrages in force during the
' entire period of demolition/construction cn the premises, and until a certificate
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of occupancy has been issued therefore by the City of Iowa City.
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12. DEFAULT OF LESSEE. In the event that any rent installment shall not
be paid upon the due date, and if such default shall not be corrected within a
period thirty (30) days after written notice thereof shell have been given by
Lessor to Lessee, or in the event that Lessee shall fail to perform any other
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provision of this Lease Agreement to be performed by Lessee, and if such other
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default shall not be corrected within a period of thirty (30) days after
written notice thereof shall have been given by Lessor to the Lessee of any
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such event, Lessor may, at its option, either: (a) continue to collect the
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rent as the same falls due hereunder; or (b) declare the unpaid portion of the
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full term cash rental immediately due and payable in full; or (c) declare the
term of this Lease to be expired, thereby terminating all rights of Lessee
hereunder, and take possession of the Leased Premises free and clear of this
Lease.
Notwithstanding the foregoing, in the event the default, other than the
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nonpayment of rent, shall be of such a nature that the same cannot be corrected
within'a period of thirty (30) days, then such default shall not afford the
foregoing remedies to Lessor provided Lessee shall have commenced the correction
thereof within such thirty -day (30) period and shall with reasonable continuing
diligence accomplish the work, effort and expen:iture necessary to fully ,
correct such default.
The various rights, powers, options, elections and remedies provided for
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Lessor hereunder shall be cumulative and no one of them shall be exclusive or
exclusive of the other or further remedies available to Lessor under the
statutes of the State of Iowa.
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13. INSOLVENCY OF LESSEE. In the event of the bankruptcy or insolvency
of Lessee, Lessor reserves the right to terminate this Lease, provided that
prior'to such termination the Lessor shall give Lessee ten (10) days written
notice of the Lessor's intention to terminate the Lease during which ten (10)
day period, said Lessee shall have the right to cure any default hereunder.
14. LIEN AND. OTHER RIGHTS OF LESSOR. Lessor shall have a lien, in
addition to any statutory lien, upon all property of Lessee stored, used or
kept in or on the Leased Premises, whether the same is exempt from execution
or not, for the performance of Lessee's agreements hereunder. No demand for
rent shall be necessary to entitle Lessor to the rights herein provided, and
in the event of any suit to enforce the provisions of this Lease all costs
thereof, including a reasonable attorney's fee, shall be paid by Lessee and
secured the same as the rentals due hereunder.
15. COVENANT OF TITLE, AUTHORITY AND QUIET POSSESSION. Lessor covenants
that it has full right and lawful authority to enter into this Lease for the
term hereof and that it is lawfully seized of the Leased Premises and has good
title thereto. Lessor further covenants that if Lessee shall fully perform
and discharge all the agreements of Lessee to be performed or kept hereunder,
the Lessee shall have during the term of this Lease quiet and undisturbed
possession of the leased premises. Lessor reserves the right to mortgage or
encumber the leased premises, but any such mortgage or encumbrance imposed
after the effective date of this Lease Agreement shall be subject to the
rights of Lessee hereunder.
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16. PROPERTY AND OCCUPANCY AT RISK OF LESSEE. All property of any kind
which may be brought upon or within the Leased Premises by Lessee, its employees,
agents, customers and invitees, during the term hereof, shall be at the sole
risk of Lessee or those claiming under or through Lessee, and Lessor shall not
be liable to Lessee or to any other person for any injury, -loss or damage to
any person or property in or upon the Leased Premises, and Lessee agrees to.
assume all liability for or on account of any such injury, loss or damage, and
to hold Lessor harmless and indemnified therefrom. Lessor shall not be liable
for any injury, loss or damage to Lessee, its property, or to any person or
any property, occasioned by any alleged default or failure of Lessor hereunder
except and unless Lessor has refused to correct such default within a reasonable
time under the circumstances after receipt of written notice thereof from
Lessee.
17. GOVERNMENTAL LAWS, RULES AND REGULATIONS. Lessee covenants and
agrees to comply with all applicable laws, ordinances, rules and regulations
of the city, county, state and other governmental authority regarding the
Leased Premises as to the method and manner in which the same are used by
Lessee, and Lessee agrees to hold Lessor harmless from any and all fines, ,
penalties, costs, expenses, damage and loss, if any, occasioned by Lessee's
violation of any such law, ordinance, rule or regulation. Any consents,
licenses and permits required by any governmental authority shall be secured
by Lessee, including obtaining required demolition and building permits from
the City of Iowa City.
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18. WAIVER BY CONDUCT. The acceptance of rent after the same is due
hereunder, whether in a single instance or repeatedly, or one or more waivers
by Lessor of any default by Lessee hereunder shall not be construed as a
waiver of any subsequent delinquent payment of rent or other or similar
default by Lessee hereunder.
19. SURRENDER OF PREMISES/HOLDING OVER. Lessee agrees that upon expiration
of this Lease it will promptly remove its property and the property of all .
persons claiming by, under or through Lessee and to peaceably yield and
surrender possession of the Leased Premises to Lessor in as good a condition
as at the commencement of the term of this Lease, normal wear and usage and
damage by fire, windstorm or other casualty only excepted. Notwithstanding
the foregoing, unless Lessor shall give written notice to the Lessee at least
twelve (12) months prior to the expiration of the term hereof, or prior to the
expiration of any extended term as provided in this Paragraph, Lessee shall
have the right to extend the term of this Lease for successive periods of one
(1) year each by continued possession, payment of the rent herein prescribed
and continuing to fulfill the obligations of the Lessee hereunder.
20. RIGHT OF FIRST REFUSAL. In the event of any determination by Lessor
to sell the Building during the term hereof, Lessor shall notify Lessee upon
the receipt by the Lessor of any offer by a third party for the purchase of
the Building upon terms which Lessor deems acceptable. Such notice shall
conform to the provisions of Paragraph 26 (c) hereof, and shall include the
terns and conditions of any such offer to purchase by any such third party.
If Lessee elects to purchase the Building upon the terms and conditions set
forth in such offer, it shall do so by notifying Lessor in writing, in the
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manner provided in Paragraph 26 (c), within thirty (30) days after receipt of
the notice from Lessor to Lessee. The closing of such purchase and all
payments, adjustments and other requirements of such sale shall .be in accordance
with the offer to the Lessor by such third party. If Lessee fails to notify
Lessor of Lessee's acceptance of the terms of the offer by such third party
within such thirty (30) day period, the Lessor shall be free to sell the
Building to such third party in accordance with the terms and conditions of
such offer.
with closing to occur and payment to be made in accordance with the offer to
the Lessor by such third party.
21. CANCELLATION - FUTURE RENTAL. Subject to the terms hereof, Lessor
shall have the option to cancel this Lease as to the Leased Premises upon
twelve (12) months written notice to the Lessee. No such written notice may
be given by the Lessor prior to June 1, 1991, with termination hereof to
become effective upon the date specified in said notice and which date shall
not be earlier than twelve (12) months after the giving of such notice. In
the event of any such cancellation, either before or after termination prior
to the expiration hereof, Lessee shall have the right to rent twenty (20)
parking spaces in any parking structure or surface parking lot located within
the square block in which the Building is located upon the same rental terms
and conditions as are herein provided for the balance of the term and there-
after as provided in Paragraph 19. In the event that no monthly or other
permit parking shall then be•permitted in any such parking structure or
surface parking lot, the rental for said spaces shall continue upon the same
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j terms and conditions as are applicable to the Leased Premises at the time
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Lessee shall vacate the Leased Premises. Lessee's rights to continue to rent
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twenty (20) parking spaces in the square block in which the Building is
FF located shall not be subject to cancellation by Lessor except in the event of
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` (a) Lessee's default, (b) Lessee's termination, (c) Elimination of all parking
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!' spaces in said square block by Lessor, or (d) Sale by Lessor of all portions
3. of said square block in which parking spaces are located.
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22. MERGER.• All prior negotiations, conversations, understandings and
agreements by and between Lessor.and Lessee pertaining to this Lease Agreement
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are merged herein.
23. CONSTRUCTION. All words and phrases herein, including the acknow-
ledgement hereof, shall be construed as used in the singular or plural number,
and as the masculine, feminine, or neuter gender, according to the context
hereof.
24. MODIFICATION. No provision of this Agreement shall be altered,
modified, or amended unless evidenced by written instrument executed by the
respective parties hereto.
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25. BINDING ON SUCCESSORS AND ASSIGNS. This ,Agreement shall be binding
upon and shall inure to the benefit of the successors and assigns of the j
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parties hereto.
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26. MISCELLANEOUS PROVISIONS.
(a) Time is of the essence as to each and every provision of this
Lease.
(b) Any and all arrears in the payment of rent, additional rent, and
any other obligations of Lessee shall bear interest at the rate of eighteen
percent (18X) per annum beginning with the due date and continuing until
paid in full.
(c) Any and all notices hereunder may be given by certified United
States mail and shall be deemed to have been given upon the date the
envelope containing the same properly addressed shall have been deposited
in any United States mail depository in Johnson County, Iowa, postage
prepaid. Notices may be given to Lessor in care of City Manager at 410
East Washington, Iowa City, Iowa, 52240, and to Lessee at 325 East Washington,
Iowa City, Iowa 52240. Unless and until either party shall notify the
other party of a different address, such notification shall be given in
accordance with the provisions of this sub -paragraph.
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IN WITNESS WHEREOF, the parties have executed this Agreement of Lease the
day, month and year above written.
CITY OF IOWA CITY, IOWA
Mayor
Attest: �hn.'_..
Eitq Clem
"LESSOR"
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26. MISCELLANEOUS PROVISIONS.
(a) Time is of the essence as to each and every provision of this
Lease.
(b) Any and all arrears in the payment of rent, additional rent, and
any other obligations of Lessee shall bear interest at the rate of eighteen
percent (18X) per annum beginning with the due date and continuing until
paid in full.
(c) Any and all notices hereunder may be given by certified United
States mail and shall be deemed to have been given upon the date the
envelope containing the same properly addressed shall have been deposited
in any United States mail depository in Johnson County, Iowa, postage
prepaid. Notices may be given to Lessor in care of City Manager at 410
East Washington, Iowa City, Iowa, 52240, and to Lessee at 325 East Washington,
Iowa City, Iowa 52240. Unless and until either party shall notify the
other party of a different address, such notification shall be given in
accordance with the provisions of this sub -paragraph.
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IN WITNESS WHEREOF, the parties have executed this Agreement of Lease the
day, month and year above written.
CITY OF IOWA CITY, IOWA
Mayor
Attest: �hn.'_..
Eitq Clem
"LESSOR"
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VAN WINKLE ENGINEERING
509 Kirkwood Ave.
Iowa City, Iowa 52240
(319) 338-4939
December 29, 1985
Mr. Mace Braverman '
Southgate Development Co.
325 E. Washington St.
Iowa City, Iowa 52240
Dear Mr. Braverman;
The purpose of this letter is to clarify several elements of
the prelimenary report and the plans for the proposed renovation of the
"U-Smash'Em" building into a parking facility.
hThe upper level of the building will be utilized as a 21 car
parking lot. Approximately 2/3 of the steel framing supporting the first
floor has an allowable live load capacity of 135 pounds per square foot
(psf). By adding additional columns under the remaining first floor beams
we are providing 140 psf(pounds per square foot) of live load capacity in
the remaining northwest 1/3 of;the building. However, we will be pouring
a 5V lightweight concrete slab on top of the entire existing concrete
floor. The weight of the new floor slab will lower the live load
capacity by 53 psf- The remaining live load capacity is therefore 82 psf.
The "Uniform Building Code", as adopted by Iowa City, recommends a
design live load of 100psf for "Garages- General Storage" and 50 psf for
to l
'Garages
d light vtrucks, weate rhave rspecified a restrictiveebarrierSrage". To limit tharkingat 71-0"
above the floor elevation and a posted warning saying:
Private Parking - Commerce Building" 9
Maximum Gross Vehicle Weight - 5 Tons
Low Clearance - 7'-0"
The remaining 32 psf capacity is therefore available for snow loads.
You
. the build'
which is acommon wall ewith the oadjacent buncern over ildingsoccupied he eat wall fby Wilsonsing
Sporting Goods. This wall does bear the ends of the 2 x 12 wood roof
Joists. During the demolition of the roof, the contractor should be •:
careful not to damage this wall. The contractor must also exercise care
in removing the sidewalls where they tie into the common wall. Notes
have been added to the plans to this effect. The common wall itself is
to remain in place, undamaged. The wall is to have surface bond mortar
applied over its entire exposed face. The existing flashing at the ;r o;
roofline is to be re -fitted over the exposed top of the clay tile wythe
to keep out the rain.
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VAN WINKLE ENGINEERING
509 Kirkwood Ave.
Iowa City, Iowa 52240
(319) 338-4939
The renovation work, as detailed in the pians, should have an
approximate useful life of 10-15 years before major maintenance is i
required. The use of de-icing salts will eventually result in
delamination of the concrete deck and corrosion of the steel
reinforcing and structural steel framing. Limiting the use of de-icing
salts, maintaining the deck surface sealant and ensuring that the
drainage system is functioning correctly will extend the life of the
deck somewhat.
If you have any further questions concerning this project,
please don't hesitate to give me a call.
Sincerely,
"RandyVan Winkle, P.E.
RLV/rlf
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VAN WINKLE ENGINEERING
509 Kirkwood Ave.
Iowa City, Iowa 52240
(319) 338-4939
FEASIBILITY STUDY
FOR REHABILITATION OF
U' SMASH 'EM BUILDING
AUGUST 9, 1985
I PREPARED FOR
SOUTHGATE DEVELOPMENT COMPANY
325 E. WASHINGTON
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PURPOSE
On August 7, 1985 at your request, I conducted an inspection of the
"U' Smash 'em" building on North Gilbert Street. The purpose of this inspec-
tion was to assess the condition and structural capacity of the existing
building relative to the potential use of the structure as a parking facility.
The inspection was limited to a visual inspection of the accessible structural
members only. No destructive testing or dismantling of the interior or
exterior finishes was done. Due to the limited scope of the inspection, it
is possible that some defects may have gone undetected. There is the possi-
bility that additional repairs may be required upon closer examination during
the actual construction.
As a result of the inspection, this report provides general recommendations
and rough cost estimates for the rehabilitation and re -use of this facility.
The recommended repairs are not intended to be a complete or final listing of
the required structural modifications. The recommendations have been pro-
vided to outline the major structural deficiencies and to explore the feasibil-
ity and approximate cost of the required repairs.
Cost estimates have been prepared for the various recommended repairs and
are shown on page 6. These cost estimates are based on very rough computations
of the required structural capacity. These are, therefore, approximate est-
imates and may vary substantially from the actual construction costs.
ROOF
The existing roof is primarily a flat roof system with 2 x 10 wood joists
spaning between steel I -beams supported on steel columns. The existing roof
and framing is in very poor condition and is near failure. There are several
major leaks in the roof. Large plastic deflections of the steel beams are
easily visible. Due to the fact that the primary structural members support-
ing the roof will require replacement, it is my recommendation that the roof
T be either removed or completely rebuilt. If the roof system is to be rebuilt,
I would recommend a pitched roof constructed with two rows of prefabricated
wood trusses. A very rough estimate of the cost of removing the existing roof
and installing a new roof system would be approximately $20,000.
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WALLS
The west wall of the existing building is of brick masonry construction
and is in Very good condition. This wall may be used without any major repairs
required. The north wall of the building is constructed of concrete block and
is in fairly good condition. Several cracks are evident. However, the cracks
do not appear to be widening and no significant displacements were noted.
The general condition of the mortar joints was fair to poor with some areas
needing tuckpointing to prevent the infiltration of rain water into .the wall.
The south wall of the building is constructed -of clay tile masonry units
and is in very poor condition. There is at least one major crack along this
` wall in which the cracking is visible'on both the interior and exterior faces
of the wall. This wall should either be removed or completely replaced with a
concrete masonry wall. The interior basement walls are constructed of reinforced
concrete and are in very good condition. Several minor leaching cracks were
noted in these walls.
Due to the poor condition of the south clay tile wall it is recommended
that all of the upper level walls be removed down to the sills under the
existing windows. The exposed top of the remaining walls will need to be
capped to keep water out.
FLOORS
The first floor is a 5"± reinforced concrete slab, spaning between floor
beams. This floor has experienced severe salt contamination of the concrete.
Sounding was done in various areas of the floor and at least four locations of
concrete delamination were discovered by the soundings. These areas ranged in
size from approximately 15 x 15 feet to an area of only 2 x 4 feet. Due to
the limited scope of the soundings it is assumed that approximately 1/3 rd of
the floor has experienced delamination caused by salt contamination of the
concrete.. All areas of the floor which have experienced delamination or
severe salt contamination should be replaced. Because the location and extent
of these areas are difficult to determine, I recommend that the entire floor
be replaced. The most economical way to replace this floor would be to use
the existing floor as the bottom form for a new reinforced concrete structural
slab. The new slab would be poured directly on top of the old slab. A
system of floor drains should also be installed at regular intervals to prevent
ponding of water on the basement floor. Figure 1 is a cross section view
showing the proposed new floor slab and drain.
The floor in the lower level is of reinforced concrete construction and
is in fair to good 'condition. In the north section of the building several
major cracks were noted in the floor. These cracks should either be sealed
or an: overlay placed over the entire north half of the lower level.floor. The
lower level floor in the south half of the building was in very good condition
with only manor cracking noted.
FIRST FLOOR STEEL FRAMING
Figure 2 is a diagram showing the existing first floor framing plan in the
building. The structural steel framing is in good condition for the most part
although several areas of severe corrosion were noted. The I18 x 54.7 beam
along Grid Line B from B3 to BS has experienced severe corrosion damage due
to water leaking through the slab above. The effective section modulus of
this. beam has been reduced by approximately 12;5% due to the severe corrosion
damage. The remaining beams spaning between Grid Lines 3 and 5 are also cor-
rosion damaged although to a lesser extent. The section modulus of these beams
(3) /4t
a
has been reduced by It due to the corrosion damage. The live load capacity
of the floor system in the south half of the building is approximately 127 lbs,
per square foot according to my calculations. The north half of the building
has been framed with W14 x 61 beams. These beams are not strong enough to span
the 40' clear span and have any capacity remaining to carry the proposed live
loads. The 12 x 31.8 I -beams in the west section of the north half of the
building are also undersized and have no capacity remaining to carry live loads
A number of temporary shores and basement columns have been added under the
W14 x 61 beams in order to give the beams some live load capacity. However,
no footings have been poured under these shoring columns- the columns rest
directly on the concrete floor slab.:!Roading from the shoring columns is a
probable cause of the cracking of the floor slab in this area.
If mid -span columns are added under each of the W14 x 61 andl12 x 31.8
beams then the live load capacity of the north half of the building would
be raised to approximately 140 lbs. per square foot. The addition of these
columns would also require that the existing floor slab be broken out at each
column location and reinforced concrete footings poured in place. As an alter-
native, you may want to consider adding additional temporary supports under
these beams. If several additional timber or steel columns are installed, no
footings would be required under these columns other than steel column base
plates. However, the disadvantage of this design would be that the space would
become less useable due to the "forest" of columns required.
PIT AREA
There is a 4' deep pit located in the northwest corner of the building.
The floor of the pit is a poured concrete slab resting on a framework of
2 x 4's and light timber shoring. It is recommended that this area be spanned
with the structural floor slab and abandoned.
(4)
11
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RECOMMENDATIONS
If this building is to be used as a parking facility the following
repairs will be required:
I. Remove or replace the entire roof system. Due to the cost
of replacing the roof system and the fact that it is non-essential for
the proposed usage of the building, it is recommended that the roof
system be demolished and removed.
2. Remove the exterior walls down to the sill level of the windows.
3. A new reinforced concrete slab must be poured over the existing
floor to carry the imposed live loads to the support beams.
4. Mid -span columns with footings should be installed under the
beams in the north half of the building. In addition, the columns in the
south half of the building should be encased in concrete to add lateral
support and give fire protection.
5. The concrete masonry wall on the north side of the building
should be tuckpointed where needed and painted with a water -proof membrane
type of paint.
I
When these repairs are completed the upper level will have an allowable
live load capacity of 60 lbs. per square foot. The "Uniform Building Code"
as adopted by Iowa City recommends a design live load of 100 psf for "Garages -
General Storage" and 50 psf for "Garages - Private Pleasure Car Storage". It
is therefore imperative that the upper level parking be limited to cars and
light trucks only. The lower level can be used by any weight vehicle depending
only on clearance limitations.
(5)
I
ESTIMATED PROJECT COSTS
E
The cost of implementing these repairs has been estimated and the costs
are shown below. These costs are rough estimate costs only and are for b d t
'
purposes only,
u ge
Demolish and remove entire roof and upper level walls
down to window sill height.
$ 8,500.00
T ..
Pour new reinforced concrete floor slab (1st floor).
14,000.00
Install additional columns in north half and encase
columns in the south half.
2,000.00
Install drains and piping in upper floor slab.
1,000.00
Miscellaneous Construction:
Tuckpointing
Painting
Entrance Gates
Sand for Pit
Contingencies
i
3,500.00
i
Engineering, Inspection and Project Administration
4,500.00
Total Project Costs
$33,500.00
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Plans Prepared By.
VAN WINKLE ENGINEERING
' 509 KIRKWOOD AVENUE
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IOWA CITY, IOWA 52240
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SOUTHGATE DEVELOPMENT COMPANY, INC.
32.5 EAST WASHINGTON STREET
IOWA CITY, IOWA 52240
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in the upper level: The nb?bl aiad 2011th exterlor 1
wwal estsexteriorwllthall be r�vid •down to elevation 1
O' -O'. All dwiltion and Int"Wal Wort shall be 1
Perforated in A safe and rtspensiblt manner so that
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xz5 (l cello) Personnel arm endangered. All demolition operations -
'a5 reeo-Go pv+= $hall be completed prior to performing work ins tde she
,rns ff"MNF DUICFd building. The contrActor shall be solelY responsible
Lem• for the safety of his personnelCare shall be taken
to avoid any damage to the adjoining Wilsons Sporting
Goods and Bus Depot buildings,
DESIGN STRESSES: t
CONCRETE
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2,Surface bond mmorter is. to be applied according
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84SK:14yar shall be 1/8• min. Surftjl Vor approved
eguai) surface boetlng cement troweled to a flat
surface. "yywIrfeoe layer shall be Surewsil
Elaslecoattor approved equal) applied with 1,^'�. :
yay!1gm1 rol)M. Tim coloIs Ins to
r lekp,� ved .
Nafa'; "p(as ter stopsled , catrol Joists aid other
accessories as MCMUMN by the manufacturer...:.: 3
3.Entire deck slab shmIL"" w cNb �(rTin �It .
bPPV14 according tqr TOOT Standard_Speciltcatfons;'•
Concrete shall be protected from the cold until fully cured.
Concrete protection mmthods to be approved by Engineer.
5 Where dldewalls intersect with east common wall
Sawcut sidewalls at the west face of the colnoon
wall being careful not to damage the comron.wall.
Fill any holes or damaged areas in the'comon
wall witn non -shrink grout prior to application
of surface bond mortar,
Note: Surface bond raortar shall not be applied If ambient
teoperature 1s less than 50 F.
VAN WINKLE. ENGINEERM
IOWA CITY, IOWA'
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Y
RESOLUTION 140.
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT OF
LEASE WITH SOUTHGATE DEVELOPMENT COMPANY, INC. FOR LEASE OF THE
FIRST FLOOR OF THE U -SMASH 'EM BUILDING AT 126 S. GILBERT STREET
IN IOWA CITY, IOWA, FOR A TERM OF TEN YEARS.
WHEREAS, the City of Iowa City, Iowa, is the owner of certain premises in
Iowa City known as the "U -Smash 'Em Building," located at 126 S. Gilbert
Street, and legally described as follows: %
"Beginning at the northwest corner of Lot Five , Block Forty-three
(43) in Iowa \sign1fica
wa, according to the corded plat thereof,
thence souththence east 70 feet thence north 40 feet,
thence west 7he point of beginnin ;
and
WHEREAS, the firs, floor of th/ityo
ng located thereon is not
at present of anyt use to theIowa City; and
WHEREAS, Southgate Developme
first, or upper, floor of sai
ish and remove the first or
struct and convert the first
21 vehicles, to be used in u
of the old Elk's Building at
Streets; and
Compan , Inc., has proposed to lease the
buildi for a term of 10 years, to demol-
)per ory of said building, and to recon-
oor f said building to a parking lot for
n ion with its development and ownership
h corner of South Gilbert and Washington
WHEREAS, Southgate's proposal it
posed "Agreement of Lease," won
hereto and made a her f, an
the City rental f E420 er month fc
WHEREAS, this City Counc 1 did, pu
passed and approved on J nuary 14, 1
said "Agreement of Lea e" with Sou
regard thereto is set forth in a pro-
file with the City Clerk and attached
pursuant to which Southgate will pay
r said premises; and
did authorize public ng ice of public
t to Resolution No. 86 -
indicate its intent to enter into
a Development Company, Inc., and
ring thereon; and
WHEREAS, following public hearing on sai proposal, and being fully ad-
vised as to the me its of said proposal, this City Council deems said
proposed lease of the first floor of the "U- mash 'Em Building", pursuant
to the Agreemento Lease attached hereto and de a part hereof, to be in
the best interest of the City of Iowa City, Iowa
NOW, THEREFORE,/BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA tha the Agreement of Lease attached hereto and made a part
hereof is here y approved as to form and content.
AND BE IT Fq THER RESOLVED that the Mayor and City Clerk are hereby au-
thorized, eppowered and directed to execute said Agreement of Lease for
and on beha9f of the City of Iowa City, Iowa.
ed APP
ILI 42-1 legal n ent
APS
u
f
a........,..... ,..,
Resolution No.
Page 2
It was moved by and seconded by
the Resolution be adopted, an upon ro11 call there were:
AYES: NAYS: ABSENT:
_ AMBRISCO
_ BAKER
_ COURTNEY
_ DICKSON
_ MCDONALD
_ STRAIT
ZUBER
Passed and approved this ay 1986.
\ MA OR i
ATTEST: \\
CITY CLERK
s
i
AGREEMENT OF LEASE
THIS AGREEMENT OF LEASE, made and entered into this day of
January, 1986, by and between CITY OF IOWA CITY, IOWA, an Io a/Municipal
Corporation (the "Lessor"), and SOUTHGATE DEVELOPMENT COM NY, INC., an Iowa
Corporation having 't\principal place of business in wa City, Iowa (the
"Lessee"),
WITNESSETH:
WHEREAS, Lessor is the owner f abu
Em" building located at 126 South G lb
and which is located upon the real e t
hereto and by this reference made part
ding formerly known as the "U -Smash -
Street, Iowa City, Iowa (the "Building")
described upon Exhibit "A", attached
ereof, and
WHEREAS, Lessor and Le se desire to ent into an Agreement of Lease for
the first, or upper, floor the Building (the "Leased Premises") upon the
terms and conditions here i after set forth.
NOW THEREFORE, inn
of the mutual coven nts, agreements,
stipulations and condi ions herein contained, the Lessor es hereby demise to
Lessee, and Lessee her by leases from Lessor the Leased Pr em.
hereinafter
described upon the following terms, covenants, conditions and stipulations:
i
AGREEMENT OF LEASE
THIS AGREEMENT OF LEASE, made and entered into this day of
January, 1986, by and between CITY OF IOWA CITY, IOWA, an Io a/Municipal
Corporation (the "Lessor"), and SOUTHGATE DEVELOPMENT COM NY, INC., an Iowa
Corporation having 't\principal place of business in wa City, Iowa (the
"Lessee"),
WITNESSETH:
WHEREAS, Lessor is the owner f abu
Em" building located at 126 South G lb
and which is located upon the real e t
hereto and by this reference made part
ding formerly known as the "U -Smash -
Street, Iowa City, Iowa (the "Building")
described upon Exhibit "A", attached
ereof, and
WHEREAS, Lessor and Le se desire to ent into an Agreement of Lease for
the first, or upper, floor the Building (the "Leased Premises") upon the
terms and conditions here i after set forth.
NOW THEREFORE, inn
of the mutual coven nts, agreements,
stipulations and condi ions herein contained, the Lessor es hereby demise to
Lessee, and Lessee her by leases from Lessor the Leased Pr em.
hereinafter
described upon the following terms, covenants, conditions and stipulations:
2
1. TERM OF LEASE. The term of this Lease shall commence on June 1,
1986, and shall continue until the 31st day of May, 1996, subject to the
following:
(a) Th Lessor shall make the Leased Premis s available to the
Lessee for purp es of remodeling and renovati n by the Lessee no later
than 1986.
(b) The Lessor' option to cancel id Lease upon the terms and
conditions set forth in ragraph 21 h eof. Provided, however, that
should the Leased Premises b availa a for parking by Lessee prior to the
commencement of the term as her in bove set forth, Lessee may occupy the
same for such additional period.
2. RENTAL. The rental for said prem! s shall be in the base amount of
Four Hundred Twenty Dollars ($ 0.00) per Mont , calculated at the rate of
Twenty Dollars ($20.00) per p rking space for wh ch the leased premises may be
utilized, said rental amoun being equal to that presently charged by the
Lessor for permit parking n the Chauncey Swan Plaza parking lot adjacent to
the Leased Premises. Our ng the term hereof, said rental shall be increased
or decreased as monthly arking rates in said Chauncey Swan Plaza parking lot
increase or decrease, an shall, at all times, be equal to twenty-one (21)
times the monthly parking permit rate in said Chauncey Swan Plaza parking lot.
iSuch monthly rental obligation shall commence on the earlier of the following
ly dates:
i
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n
3
(a) the date that Lessee or any assignee or sublessee of Lessee
commences parking motor vehicles upon the Leased Premises;
(b) June 1, 1986.
The monthly rental payments provided herein sh be due and payable in
advance on the irst day of each month during t e term of this Lease provided,
however, that in t event that the Lessee's obligation to pay rent commences
on a date other than he first day of a m th, said first month's rental shall
be prorated accordingly.
3. IMPROVEMENTS. The Le see shall improve, remodel and reconstruct the
Leased Premises in the manner pr ided in the Van Winkle Engineering feasi-
bility study dated August 9, 1 5, t letter dated December 29, 1985, and the
plans dated December 13 and 1985 to rovide twenty-one 21
Y- ( )parking places
on the first, or upper, flo r of the Build g and to reconstruct the accesses
thereto from South Gilber Street. Said feas ility study, letter and plans
are attached hereto as E hibit "B" and by this r erence made a part hereof.
Lessee shall be respon ble for all costs of such i Drrovements and for all
costs necessary to pr serve and maintain the structural\integrity of The
Building and buildin s adjacent to it. Lessee shall defend, indemnify and
hold harmless Lessor from and against any and all claims and causes of action
of every nature whatsoever, pursuant to the further provisions of paragraph 10
hereof, arising in any manner from the making of such improvements, including
claims made by the owners or occupiers of said adjacent buildings, unless any
such claim shall arise from the conduct or negligence of the Lessor.
iss-
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r
4
4. REPAIRS. Following the initial improvements hereinabove provided,
Lessor shall make all necessary strutural repairs to the Leased Premises
during the term hereof. Such repair/esb
ncl de, but are not limited to,
repairs to the floor of the Leased Pdo not include any interior
repairs to the 1 wer level of the Bue possession of which does not
pass to the Lessee ereunder. TheLl be responsible for any and all
repairs and maintenance of the interLeased Premises and shall
maintain the same free fro accumulanow, ice, dirt and debris
throughout the term hereof wi out co Lessor.
5. CONDITION AND DELIVERY OF EMISES. The Lessor shall deliver the
Leased Premises to the Lessee"a is", �nd shall not be responsible for any
repairs, improvements or modifi at ions Xthe leased premises.
6. UTILITIES. Elec
for the Leased Premises s
the term of this Lease.
costs and expenses for el,
Lessee in the use of the/
utility service fo lighting or other appliances
be separately metered\termof
s name during
ee shall promptly pay be paid all
ical utility service for consumed by
M Premises during the s Lease.
7. FURTHER ALTERA IONS AND IMPROVEMENTS. The Lessee may further alter,
improve and modify the Leased Premises during the term of this Lease only with
the advance written consent of the Lessor, which consent shall not be unreason-
ably withheld.
s
J
5
8. USE OF PREMISES - SIGNS. It is understood that Lessee intends to use
the Leased Premises for the parking of automobiles for Lessee's building
located at the southwest corner of the intersection of Washington and Gilbert
I
Streets in Io a City, Iowa, and Lessee shall not be permitted to use the
Leased Premises for any other Purpose or purposes without the advance written
consent of the Les or. Lessee may cause signs, as pe/�Jmitted b
ordinances, to be ins lied on the exterior of the / y Lessor's
}eased Premises indicating
that the Leased Premises re for the sole and exc usive use of the Lessee and
such tenants and invitees o
Lessees said buil ing as Lessee may permit to
use the Leased Premises. Lesse will regula and control the use of the
Leased Premises as a private parki lot d
Lessor shall be under no obliga-
tion to regulate or control parking t r n.
9. MECHANIC'S LIENS. Lessee ag ees n to permit any mechanic's liens,
or claims under Chapters 572 or 573 f the Cod of Iowa (1985), to be filed or
Placed of record against the Lease Premises or a
improvements thereon which
shall be made or caused by Lesse
If any such lien shall be filed, Lessee,
at its expense, agrees to have em promptly released o record.
Of labor or materials at the r quest or order of or b No supplier
with
ssee
shall acquire a lien on the L ased Premises or the improvemenestthereonewhich
is paramount to the rights a d interests of Lessor. All such suppliers shall
have the right to demand pay ent for their respective labor and materials from
Lessee only, The mere.filin of a mechanic's lien, or claim under said
Chapters 572 or 573, shall not, in and of itself, constitute a default by
Lessee hereunder provided Lessee shall, within thirty (30) days after notice
of the filing of such lien or claim either cause the same to be released of
I
lx ' i
3
I
6
record, deposit a bond or other collateral with Lessor in a form and amount
satisfactory to Lessor to secure Lessor against any loss or expense occasioned
thereby, including attorney fees reasonably incurred by Lessor, or cause the
same to be discharged pursuant to the provisions Of 572.15 or § 573.16 of
the Code of Iowa.
f .._
10. INDEMN CATION AND HOLD HARMLESS. L ssee agrees that at all times it
will defend, indemnify, protect and hold ha mless Lessor, its officers,
i
agents, and employees, nd the said Lease Premises from and against any and
all costs, loss, damage, 'ability, exp nse, claim, judgment, penalty and fine I�
whatsoever, including court sts and ttorneys, fees, for property damage
and/or personal injury, includin de th resulting directly or indirectly
therefrom, or for damage of whateve ind or character, consequent upon or
arising from any neglect or fault of Less
its officers, agents, employees,
or invitees, in the demolition, onstruction, econstruction, use, or occupancy
I
i of said premises, provided Less r gives Lesseer
p pt notice in writing of any
claims communicated to or made against Lessor. If a suit shall be brought
against Lessor or the Leased remises on account of any atter herein described,
I and against which Lessee is o defend or protect Lessor, o on account of any
damage, omission, neglect, r use of the Leased Premises by\Lessee, or by
I any other person on said pr mises, Lessee agrees to defend the same, or pay
the costs of defense, and w"11 pay whatever judgments may be recovered against
Lessor, its officers, agents, or employees, or against the said Leased Premises
account thereof. �
and on Lessor shall furnish to Lessee promptly all notices
I
of any such suit served upon Lessor and will cooperate with Lessee in the
i
tCs. �
I
VhtiHNvaavtal.r\v.ab...N...... ....a.r.�rw.J.�.+.wu...rrra•..w.viu
j
7
I
defense thereof, but this provision shall not deprive Lessor of the right to
defend any such suit if Lessee shall fail reasonably to defend the same.
11. LIABILITY INSURANCE. Lessee, at its expense, shall procure and
maintain in force during the term of this Lease a poliicp'/ or policies of
insurance providi comprehensive general liability 'fisurance (providing
coverage for loss due to both personal injuries a property damage) covering
the Lessee's use of the L ased Premises and and which the limits of liability
shall be in amounts of not 1 s than $250,000 0/$500,000.00 with a $2,000,000.00
umbrella coverage. Such insura a shall be placed with a responsible insurance
carrier licensed to do business in he St to of Iowa and a.certificate of i
ti
insurance shall be filed with the City erk prior to entry upon the premises
by Lessee, which certificate must be 'n f m satisfactory to the Lessor, must
reflect the coverages specified abo , and m t evidence coverage for the
contractual indemnity provisions this Agreeme t. In addition, Lessee, or
Lessee's contractor(s) for demol tion and construct n services, shall procure
builders all risk insurance an shall provide a certi cate or certificates of
insurance evidencing such ins rance coverages for review nd approval by the
I
City Attorney prior to the mmencement of demoltion and/or nstruction on
the Leased Premises. Such insurance shall be in amounts of not less than
I
$250,000/$500,000 with a 2,000,000.00 umbrella coverage. Lessee, or Lessee's
I
contractor(s), shall mai tain said insurance covrages in force during the
I
entire period of demolition/construction on the premises, and until a certificate
of occupancy has been issued therefore by the City of Iowa City.
I �
i
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12. DEFAULT OF LESSEE. In the event that any rent installment shall not
be paid upon the due date, and if such default shall not be corrected within a
period thirty (30) days after written notice thereof shall have been given by
Lessor to Lessee, or in the event that Lessee shall fail to perform any other
provision of this Lease Agreement to be performed by Lessee, and if such other
default shall not be corrected within a period of thirty (30) days after
written notice there f shall have been given by Lessor to the Lessee of any
such event, Lessor may\expire
ption, ei/Premises
6 nue to collect the
rent as the same fallsnder; or he unpaid portion of the
full term cash rental y due andull; or (c) declare the
term of this Lease to therebyall rightsof Lessee
hereunder, and take possession of a Leafree and clear of this
Lease.
Notwithstanding the foregoing, in the ev t the default, other than the
nonpayment of rent, shall be of suc a nature t t the same cannot be corrected
within a period of thirty (30) day , then such de It shall not afford the
foregoing remedies to Lessor prov ded Lessee shall ha a commenced the correction
thereof within such thirty -day 30) period and shall wi reasonable continuing
diligence accomplish the work, effort and expenditure nece Bary to fully
correct such default.
The various rights, pow rs
Lessor hereunder shall be umu
exclusive of the other or urt
statutes of the State of Iowa.
, options, elections and remedies provided for
lative and no one of them shall be exclusive or
ler remedies available to Lessor under the
V4
9
13. INSOLVENCY OF LESSEE. In the event of the bankruptcy or insolvency
of Lessee, Lessor reserves the right to terminate this Lease, provided that
prior to such termination the Lessor shall give Lessee ten (10) days written
notice of the Lessor's intention to terminate the Lease during which ten (10)
day period, said Lessee shall have the right to cure any, default hereunder.
r
14. LIEN AND OTHE RIGHTS OF L/he
ssor s 11 have a lien, in
addition to any statutory ien, uponerty f Lessee stored, used or
kept in or on the Leased Prem es, we me is exempt from execution
or not, for the performance of L seents hereunder. No demand for
rent shall be necessary to entitle Lthe rights herein provided, and
in the event of any suit to enforce sions of this Lease all costs
thereof, includinga reasonable atto, shall be paid by Lessee and
secured the same as the rentals due
15. COVENANT OF TITLE, AUTHO TY AND QUIET PO SESSION. Lessor covenants
that it has full right and lawfu authority to enter Into this Lease for the
term hereof and that it is lawf lly seized of the Lease Premises and has good
title thereto. Lessor furthe covenants that if Lessee s all fully perform
and discharge all the agreem nts of Lessee to be performed or kept hereunder,
the Lessee shall have durin the term of this Lease quiet and undisturbed
possession of the leased pr mises. Lessor reserves the right to mortgage or
encumber the leased premis s, but any such mortgage or encumbrance imposed
after the effective date o this Lease Agreement shall be subject to the
rights of Lessee hereunder.
i
�.......................,... H.........,.. � ._.,.,... .... w
10
16. PROPERTY AND OCCUPANCY AT RISK OF LESSEE. All property of any kind
which may be brought upon or within the Leased Premises by Lessee, its employees,
I
agents, customers and invitees, during the term hereof, shall be at the sole
risk of Lessee or those claiming under or through Lessee, and Lessor shall not
T be liable to Lessee or to any other person for any inj
'Y, loss or damage to
any person or property in or upon the Leased Premise , and Lessee agrees to
assume all liabilityr or on account of any suc injury, loss or damage, and
to hold Lessor harmless a indemnified therefr m. Lessor shall not be liable
for any injury, loss or damage to Lessee, it property, or to any person or
i
any property, occasioned by any a eged de ult or failure of Lessor hereunder
except and unless Lessor has refused orrect such default within a reasonable
time under the circumstances after rec i t of written notice thereof from =
Lessee.
17. GOVERNMENTAL LAWS, RULES ND REGULATIO Lessee covenants and
agrees to comply with all applic ble laws, ordinan s, rules and regulations
of the city, county, state and ther governmental aut ority regarding the
i
Leased Premises as to the met od and manner in which the same are used by
Lessee, and Lessee agrees to hold Lessor harmless from any nd all fines,
penalties, costs, expenses, damage and loss, if any, occasioned by Lessee's
violation of any such law, ordinance, rule or regulation. Any consents,
licenses and permits requi ed by any governmental authority shall be secured
by Lessee, including obtai g required demolition and building q g permits from I
the City of Iowa City.
Ito5
0
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I 18. WAIVER BY CONDUCT. The acceptance of rent after the same is due
j hereunder, whether in a single instance or repeatedly, or one or more waivers
I
by Lessor of any default by Lessee hereunder shall not be construed as a
waiver of any subsequent delinquent payment of rent or other or similar
default by Lessee hereunder.
19. SURRENDER OF PREMISES/HOLDING OVER. Lessee a rees that upon expiration
of this Lease it will promptly remove its property and the property of all
persons claiming by, under or through Lessee and to eaceably yield and
surrender possession of the Le ed Premises to Les or in as good a condition
as at the commencement of the term f this Lease, normal wear and usage and
damage by fire, windstorm or other ca alty o y excepted. Notwithstanding
the foregoing, unless Lessor shall give w i en notice to the Lessee at least
twelve (12) months prior to the expiration o the term hereof, or prior to the
expiration of any extended term as provi ed in is Paragraph, Lessee shall
have the right to extend the term of t is Lease fo successive periods of one
(1) year each by continued possessio payment of the ent herein prescribed
and continuing to fulfill the obli9 tions of the Lessee h eunder.
20. RIGHT OF FIRST REFUSAL. In the event of any determinate n by Lessor
to sell the Building during the term hereof and the receipt by the Lessor of
any offer by a third party for the purchase of the Building upon terms which
Lessor deems acceptable, Less r shall notify Lessee thereof as herein provided.
Such notice shall include the s and conditions of any offer to purchase by
such third party. If Lessee elects to exercise the rights herein granted, it
shall do so in writing within thirty (30) days after receipt of such notice
I
i
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I 18. WAIVER BY CONDUCT. The acceptance of rent after the same is due
j hereunder, whether in a single instance or repeatedly, or one or more waivers
I
by Lessor of any default by Lessee hereunder shall not be construed as a
waiver of any subsequent delinquent payment of rent or other or similar
default by Lessee hereunder.
19. SURRENDER OF PREMISES/HOLDING OVER. Lessee a rees that upon expiration
of this Lease it will promptly remove its property and the property of all
persons claiming by, under or through Lessee and to eaceably yield and
surrender possession of the Le ed Premises to Les or in as good a condition
as at the commencement of the term f this Lease, normal wear and usage and
damage by fire, windstorm or other ca alty o y excepted. Notwithstanding
the foregoing, unless Lessor shall give w i en notice to the Lessee at least
twelve (12) months prior to the expiration o the term hereof, or prior to the
expiration of any extended term as provi ed in is Paragraph, Lessee shall
have the right to extend the term of t is Lease fo successive periods of one
(1) year each by continued possessio payment of the ent herein prescribed
and continuing to fulfill the obli9 tions of the Lessee h eunder.
20. RIGHT OF FIRST REFUSAL. In the event of any determinate n by Lessor
to sell the Building during the term hereof and the receipt by the Lessor of
any offer by a third party for the purchase of the Building upon terms which
Lessor deems acceptable, Less r shall notify Lessee thereof as herein provided.
Such notice shall include the s and conditions of any offer to purchase by
such third party. If Lessee elects to exercise the rights herein granted, it
shall do so in writing within thirty (30) days after receipt of such notice
.L:�i+..a.a.t................a.....:.w.......w.........ew.....ww.av�.'
12
with closing to occur and payment to be made in accordance with the offer to
the Lessor by such third party.
21. CANCELLATION - FUTURE RENTAL. Subject to the terms hereof, Lessor
shall have the option to cancel this Lease as to the Leased Premises upon
twelve (12) months written notice to the Lessee. No such ritten notice may
be given by the Lessor prior to June 1, 1991, with ter nation hereof to
become effective upon t date specified in said no ce and which date shall
not be earlier than twelve 12) months after the iving of such notice. In
the event of any such cancella ion, either bef re or after termination prior
to the expiration hereof, Lessee s 11 have he right to rent twenty (20)
parking spaces in any parking structu or surface parking lot located within
the square block in which the Building ocated upon the same rental terms
and conditions as are herein provided or th balance of the term and there-
after as provided in Paragraph 19. n the even that no monthly or other
permit parking shall then be permi ted in any such arking structure or
surface parking lot, the rental f r said spaces shall continue upon the same
terms and conditions as are app icable to the Leased Pr ises at the time
Lessee shall vacate the Lease Premises. Lessee's rights o continue to rent
twenty (20) parking spaces i the square block in which the Building is
located shall not be subjec to cancellation by Lessor except in the event of
(a) Lessee's default, (b) L ssee's termination, (c) Elimination of all parking
spaces in said square block Lessor, or (d) Sale by Lessor of all portions
of said square block in which parking spaces are located.
I(F
1
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22. MERGER. All prior negotiations, conversations, understandings and
agreements by and between Lessor and Lessee pertaining to this Lease Agreement
are merged herein.
23. CONSTRUCTION. All words and phrases herein, including he acknow-
ledgement hereof, shall be construed as used in the singular r plural number,
and as the masculine, feminine, or neuter gender, accordin to the context
hereof.
24. MODIFICATION. No provis'on of this/Agreient shall be altered,
modified, or amended unless evidence by wristrument executed by the
respective parties hereto.
25. BINDING ON SUCCESSORS AND ASSI S, is Agreement shall be binding
upon and shall inure to the benefit of the succ sors and assigns of the
parties hereo.
26. MISCELLANEOUS PROVISI
(a) Time is of the a sence as to each and every provision of this
Lease.
(b) Any and all a ears in the payment of rent, additional rent, and
any other obligations o Lessee shall bear interest at the rate of eighteen
percent (18%) per annum eginning with the due date and continuing until
paid in full.
(c) Any and all notices hereugder may be given by certified United
/�`S f
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13
22. MERGER. All prior negotiations, conversations, understandings and
agreements by and between Lessor and Lessee pertaining to this Lease Agreement
are merged herein.
23. CONSTRUCTION. All words and phrases herein, including he acknow-
ledgement hereof, shall be construed as used in the singular r plural number,
and as the masculine, feminine, or neuter gender, accordin to the context
hereof.
24. MODIFICATION. No provis'on of this/Agreient shall be altered,
modified, or amended unless evidence by wristrument executed by the
respective parties hereto.
25. BINDING ON SUCCESSORS AND ASSI S, is Agreement shall be binding
upon and shall inure to the benefit of the succ sors and assigns of the
parties hereo.
26. MISCELLANEOUS PROVISI
(a) Time is of the a sence as to each and every provision of this
Lease.
(b) Any and all a ears in the payment of rent, additional rent, and
any other obligations o Lessee shall bear interest at the rate of eighteen
percent (18%) per annum eginning with the due date and continuing until
paid in full.
(c) Any and all notices hereugder may be given by certified United
/�`S f
14
States mail and shall be deemed to have been given upon the date the
envelope containing the same properly addressed shall have been deposited
in any United States mail depository in Johnson County, Iowa, postage
prepaid. Notices may be given to Lessor in care of City Manager at 410
East Washington, Iowa City, Iowa, 52240, and to Lessee at 325 East Washington,
Iowa City, Iowa 52240. Unless and until either party shall notify the
other party of a diferent address, such notification s all be given in
accordance with the pr isions of this sub -paragraph.
I IN WITNESS WHEREOF, the partie have execute this Agreement of Lease the
day, month and year above written.
OF IOX CITY, IOWA
By
Attest:
City Clerk
"LESSOR"
SOUTHGATE DEVELOPI4ENT COMPANY, INC.
By
President
By
Secretary
"LESSEE"
M
.4
RESOLUTION NO. 86-18
RESOLUTION AUTHORIZING EXECUTION OF A SUPPLFTiENTAL CONTRACT M- R
THE FY86 ALLEY PAVING ASSESSMENT PROJECT
WHEREAS, the City of Iowa City, Iowa, has negotiated a supplemental contract
with Metro Pavers Inc. , a copy of said supplemental contract
being attache to this Reso ution and by this reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said supplemental contract with Metro Pavers. Inc. to insure the completion
of the FY86 Alley Paving Assessment Project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
1. Thatsuth� ldaclSland City Clerk are hereby authorized and directed to
execute the n Tac with Metro Pavers Inc.
supplemental
2. That the City Clerk shall furnish copies of said contract to
any citizen requesting same.
It was moved by McDonald and seconded by Zuber that
the resolution as read be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 28th day of January 19 86 .
ATTEST: �»l
CITY CLERK
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Ret.�Na � 8 Apr •vt:- }
By YQhsl�egal be� N gent
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SUPPLEMENTAL CONTRACT
PROJECT: FY86 Alley Paving Assessment Project
This supplemental agreement amends the Contract, dated September 16,
1985, by and between the City of Iowa City and Metro Pavers, Inc.,
hereinafter called "Contractor", to extend the completion date for one
work item under said Contract, Item 11, Form of Proposal (sodding).
The Contractor hereby agrees to complete the following work in
accordance with the plans and specifications of the original Contract by
May 15, 1986: Item 11 of the Form of Proposal in the FY86 Alley Paving
Assessment Project (sodding). Due to the lateness of the construction,
Item 11 (sodding) could not be completed as required in the Contract.
IN WITNESS H7fEREOF the parties have set their hands for the purposes
herein expressed as of the 28th day of January , 1986.
CITY OF IOWA CITY
r (�
Date: January 28, 1986
ATTEST:
4` City 1��
CONTRACTOR: METRO PAVERS, INC.
By
Date:
& Approve
'Ij,� LeBei Do of
J
5
15
CITY OF IOWACIVIC CENTER CITY
410 E. WASHWGTON ST. IOWA CITY, IOWA 52240 (319) 356-500D
ENGINEER'S REPORT
January 7, 1986
Honorable Mayor and City Council
Iowa City, Iowa
Dear Honorable Mayor and Councilpersons:
I hereby certify that the construction of the improvements listed below
have been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City,
except that work directed in the supplemental contract. The required
maintenance bond is on file in the City Clerk's office.
FY86 ALLEY PAVING ASSESSMENT PROTECT as constructed by Metro
Pavers, Inc, of Iava City, Iowa.
I hereby recommend that,the above-mentioned improvements be accepted by
the City of Iowa City. Total project cost of the improvements is
$62,455.54 of which $55,468.38 will be assessed to the adjoining property
owners.
ec;full t ed,
Frank K. Farmer, P.E.
City Engineer
FKF/mk
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Posted: 1/24/86 @ 3:15 p.m. djd
Removed: 1/29/86 @ 9:30 a.m. djd
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: January 28, 1986
Time of Meeting: 7:30 P.M.
Place of Meeting: Council Chambers, Civic Center, 410 E.
Washington St., Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above
set out. The tentative agenda for said meeting is as follows:
Resolutions in connection with the FY1986 Alley Paving
Assessment Project.
- Resolution accepting work.
- Resolution ordering preparation of
final plat and schedule of assessments.
Such additional matters as are set forth on the addi-
tional '15 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor
pursuant to Chapter 21, Code of Iowa, and the local rules of
said governmental body.
City Clerk, Iowa City, Iowa
/83 Muen. [inns. Wnnln IYyM. Nnnh 6 Mlles. IaxHn. M SWM. Iw. !,
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Posted: 1/24/86 @ 3:15 p.m. djd
Removed: 1/29/86 @ 9:30 a.m. djd
(This Notice to be posted)
NOTICE AND CALL OF PUBLIC MEETING
Governmental Body: The City Council of Iowa City, Iowa.
Date of Meeting: January 28, 1986
Time of Meeting: 7:30 P.M.
Place of Meeting: Council Chambers, Civic Center, 410 E.
Washington St., Iowa City, Iowa.
PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned
governmental body will meet at the date, time and place above
set out. The tentative agenda for said meeting is as follows:
Resolutions in connection with the FY1986 Alley Paving
Assessment Project.
- Resolution accepting work.
- Resolution ordering preparation of
final plat and schedule of assessments.
Such additional matters as are set forth on the addi-
tional '15 page(s) attached hereto.
(number)
This notice is given at the direction of the Mayor
pursuant to Chapter 21, Code of Iowa, and the local rules of
said governmental body.
City Clerk, Iowa City, Iowa
/83 Muen. [inns. Wnnln IYyM. Nnnh 6 Mlles. IaxHn. M SWM. Iw. !,
S
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January 28 , 1985
The City Council of Iowa City, Iowa, met in regular
session, in the Council Chambers, Civic Center, 910 E.
Washington St., Iowa City, Iowa, at 7:30 o'clock P .M., on the
above date. There were present Mayor Ambrisco in
the chair, and the following named Council Members:
Baker, Courtney, Dickson, McDonald, Strait, Zuber
Ambrisco.
Absent: None
1
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Council Member McDonald introduced the following
Resolution entitled LUPIN CCEI'TING BORK' and moved its adoption.
Council Member Courtne seconded the motion to adopt.
The roll was Calle an t e vote was,
AYES: Dickson, McDonald, Strait, Zuber, Ambrisco,
Baker. Courtney. j
i
,r
NAYS: None
I
Whereupon the Mayor declared the following Resolution duly adopted:
86-19
RESOLUTION ACCEFFING WORK
d
119EREAS, on September 10, 1985, Iowa City, Iowa, entered into contract
with Metro Pavers, Inc. of Iowa City, Iowa, for the construction of the
FY1986 Alley Paving Assessment Project, within the City, as therein described;
and
L
IffREAS, said contractor has fully completed the construction of said
improvements except that work as directed in the supplemental contract,
known as the FY1986 Alley Paving Assessment Project, in accordance with
the terms and conditions of said contract and plans and specifications, as
shown by the certificate of the Engineer filed with the Clerk on
.Ianunry 24 1986:
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIO: CITY OF IO1VA
CITY, IOIVA:
Section 1. That said report of the Engineer be and the same is hereby
approveTand adopted and said improvements are hereby accepted as having
been full completed Pleted in accordance with the said plans, specifications and
contract. The total contract cos;: of the improvements payable under said
contract is hereby determined to be $ 49.217.04
Section 2. The total project cost including construction, engineering,
legal anT inistrative costs is determined to be $62.455.54
-2-
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PASSED AND APPROVED this 28th day ofJanuar—'
1986
rr
or
ATTEST:
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PASSED AND APPROVED this 28th day ofJanuar—'
1986
rr
or
ATTEST:
CIG -3
4-85
CERTIFICATE
STATE OF IOWA )
SS
COUNTY OF JOHNSON )
I
I, the undersigned City Clerk of Iowa City, Iowa, do hereby
certify that attached is a true and complete copy of the
portion of the corporate records of said Municipality showing
proceedings of the Council, and the same is a true and complete
copy of the action taken by said Council with respect to said
matter at the meeting held on the date indicated in the
attachment, which proceedings remain in full force and effect,
and have not been amended or rescinded in any way; that meeting
and all action thereat was duly and publicly held in accordance
with a notice of meeting and tentative agenda, a copy of which
was timely served on each member of the Council and posted on a
bulletin board or other prominent place easily accessible to
the public and clearly designated for that purpose at the
principal office of the Council (a copy of the face sheet of
said agenda being attached hereto) pursuant to the local rules
of the Council and the provisions of Chapter 21, Code of Iowa,
upon reasonable advance notice to the public and media at least
twenty-four hours prior to the commencement of the meeting as
required by said law and with members of the public present in
attendance; I further certify that the individuals named
therein were on the date thereof duly and lawfully possessed of
their respective city offices as indicated therein, that no
council vacancy existed except as may be stated in said
proceedings, and that no controversy or litigation is pending,
prayed or threatened involving the incorporation, organization,
existence or boundaries of the City or the right of the
individuals named therein as officers to their respective
positions.
WITNESS my hand and the seal of said Municipality hereto
affixed this 28th day of January , 1986.
SEAL
YNn..w...) 2e il5 eJ
Cit Clerk, Iowa City, Iowa
Allen. Cow", Wrwnlet IWVA $mill 6 Alllr . barn. D+ ANim, Irn. /K,3
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Council Member Zuber introduced the
following Resolution entitled "RESOLUTION ORDERING PREPARATION
OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its
adoption. Council Member McDonald seconded the motion
to adopt. The roll was called and the vote was,
AYES: McDonald, Strait, Zuber, Ambrisco,
Baker, Courtney, Dickson.
NAYS: None.
Whereupon the Mayor declared the following Resolution duly
adopted: 86-20
RESOLUTION ORDERING PREPARATION OF FINAL
PLAT AND SCHEDULE OF ASSESSMENTS
BE IT RESOLVED, that the Engineer is hereby instructed to
prepare a final plat and schedule showing the separate lots or
parcels of ground subject to assessment for the cost of the
FY1986 Alley Paving Assessment Project, together with the names
of the owners thereof, so far as practicable, and the amount
assessable by law against each lot or parcel of ground so
assessable, and against any railway or street railway legally
assessable therefor, and $55.468.38 of the whole amount of the
cost of said improvements shall be assessed against the
benefited properties, but not in excess of the amounts so
assessed in the preliminary plat and schedule for the
improvement, and filed in the office of the Clerk.
PASSED AND APPROVED this 28th day of January .
1986
ATTEST:
j .
Mayor
-4-
MOM. Cmir", 1l. IM IUMC. s Vlh A ARA - U. Wr
I T
1
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Council Member Zuber introduced the
following Resolution entitled "RESOLUTION ORDERING PREPARATION
OF FINAL PLAT AND SCHEDULE OF ASSESSMENTS" and moved its
adoption. Council Member McDonald seconded the motion
to adopt. The roll was called and the vote was,
AYES: McDonald, Strait, Zuber, Ambrisco,
Baker, Courtney, Dickson.
NAYS: None.
Whereupon the Mayor declared the following Resolution duly
adopted: 86-20
RESOLUTION ORDERING PREPARATION OF FINAL
PLAT AND SCHEDULE OF ASSESSMENTS
BE IT RESOLVED, that the Engineer is hereby instructed to
prepare a final plat and schedule showing the separate lots or
parcels of ground subject to assessment for the cost of the
FY1986 Alley Paving Assessment Project, together with the names
of the owners thereof, so far as practicable, and the amount
assessable by law against each lot or parcel of ground so
assessable, and against any railway or street railway legally
assessable therefor, and $55.468.38 of the whole amount of the
cost of said improvements shall be assessed against the
benefited properties, but not in excess of the amounts so
assessed in the preliminary plat and schedule for the
improvement, and filed in the office of the Clerk.
PASSED AND APPROVED this 28th day of January .
1986
ATTEST:
j .
Mayor
-4-
MOM. Cmir", 1l. IM IUMC. s Vlh A ARA - U. Wr
I T
1
RESOLUTION NO. 86-21
A RESOLUTION AUTHORIZING MERCY FACILITIES, INC. TO USE CERTAIN PUBLIC
RIGHT-OF-WAY LOCATIONS FOR THE ERECTION OF PRIVATE DIRECTIONAL TRAF-
FIC SIGNS.
WHEREAS, the City of Iowa City, Iowa, pursuant to State law, is responsible
for the care, supervision and control of streets, sidewalks, alleys and other
public grounds; and
r.
WHEREAS, Mercy Facilities, Inc. desires to install and maintain signs in and
about the City of Iowa City that will be a part of a system of signage which
will aid drivers unfamiliar with Iowa City in locating the Iowa City Cancer
Treatment Center, which is owned by Mercy Facilities, Inc.; and
WHEREAS, the City Council deems that such directional signage is in the best
Einterest of the community; and
WHEREAS, Mercy Facilities, Inc. is requesting authorization to locate signs
in City street right-of-way; and
WHEREAS, Mercy Facilities, Inc. has agreed to indemnify and hold the City
harmless from and against any damages, cost or liability which the City may
incur as a result of the location of the signs on public rights-of-way.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
1. That, subject to execution of the Indemnity Agreement described below,
Mercy Facilities, Inc. is hereby authorized to install and maintain a
private traffic directional sign in the public right-of-way location
shown on the Iowa City Cancer Treatment Sign Location plat, prepared by
Hansen Lind Meyer P.C. for Mercy Facilities, Inc., and dated September
17, 1985, a copy of which is on file in the office of the City Traffic
Engineer.
2. That said sign will not materially deviate from the typical sign dimen-
sions shown on the Iowa City Cancer Treatment Center Sign Elevations
drawing, dated September 17, 1985, which is on file in the office of the
City Traffic Engineer.
It was moved by Strait and seconded by Courtney
—the Resolution be adopted, an upon roll call there were:
AYES: MAYS: ABSENT:
X
Ambrisco
X
Baker
X
Courtney
X
Dickson
X
McDonald
X
Strait
X
Zuber
kgs
I
0
Resolution No. 86-21
Page 2
Paso...
ATE
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INDEMNITY AGREEMENT
THIS AGREEMENT made and entered into as of the 4A4 ih
da of Q�c4�_
Y If 1986, by and between Mercy Facilities,
Inc. (Mercy) and the City of Iowa City, Iowa, a municipal
corporation (City).
WHEREAS, the City is responsible for the care, supervision,
and control of public grounds, streets, sidewalks and alleys
within the City (public property); and
WHEREAS, Mercy desires to install and maintain signs in, {
on or about public property to assist persons in locating and
using its facilities; and
WHEREAS, the City Council of Iowa City, by Resolution
No. Y6 -oZ/, has authorized Mercy to locate signs on public 3
property if Mercy indemnifies the City from liability which j
may arise by reason of Mercy's use of public property. i
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
1. The City agrees that Mercy may place signs on public
property at the locations authorized by Resolution. No.
None of such signs may be moved to another location without
i
the prior consent of the City Council of Iowa City. j
2. Mercy agrees that all authorized signs shall, at I
all times, be maintained in good condition at Mercy's sole
cost and expense.
i
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- 2 -
3. Mercy hereby agrees to be responsible for, and to
indemnify, hold harmless and defend the City from and
against, any and all claims, damages, costs or expenses,
including attorney fees, which may arise from or be related
to Mercy's use of public property for its signs.
4. This Agreement shall be inure to the benefit of
the parties hereto, and their successors and assigns.
IN WITNESS WHEREOF, the parties have caused this
Indemnity Agreement to be executed as of the day and date
first above written.
ATTEST: CITY OF IOWA CITY, IOWA
city —erl is 19 11iam Ambr' co
Mayo r
ATTEST: � MERCY FACILITIES, INC.
By C4 , 1i�//C.v u. �c.r c
ecretary Sister Mary Pnarda Lance
President
Received u Approver!
By T legal DepoadnVni
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RESOLUTION NO. 86-22
RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT IVITfi T1TE
IO1VA DEPARTMENT OF TRANSPORTATION
WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement
with the Iowa De artment of Trans ortation , a copy of said agreement
being 111-- a to tis Reso ution an by this reference made a part hereof,
and,
WHEREAS, the City Council deems it in the public interest to enter into
said _agreement with the Iowa Department of Transnortation for a Federa]Aid
Bridge Replacement and Federal -Aid Urban System Project BRM41-4044(1)--8B-52
for the widening of the Benton Street bridge over the Io:ia River.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
I. That the Mayor and City Clerk are hereby authorized and directed to
execute the agreement with the Iowa Department of Transportation
2. That the City Clerk shall furnish copies of said agreement to
any citizen requesting same.
It was moved by Zuber and seconded by Courtney that
the resolution as read be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 28th day of January 19 8�( .
ATTEST: �&M')
CITY CLERK
........� /Z,'- _rte-. �.
Rsa•ivcd 4 ;a p; nt.vcr,
By The Legal Depvtm^ni
3
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IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
FEDERAL -AID BRIDGE REPLACEMENT PROJECT
AND
FEDERAL -AID URBAN SYSTEM PROJECT
City: Iowa City
County: Johnson
Project Number: BRM -M -4044(1)--8B-52
Iowa Department of Transportation
Agreement Number: 85-F-092
Structure Number 006250
WHEREAS, pursuant to Sections 306A.7 and 307A.4, 1983 Code of Iowa, the
City of Iowa City, hereinafter called the CITY, and the Iowa
Department of Transportation, Highway Division, hereinafter
called the STATE, may enter into an agreement respecting the
financing, planning, establishment, improvement, maintenance,
use or regulation of public ways in their respective juris-
dictions, and it is their opinion that the improvements in the
traffic carrying capacity of the many streets is necessary and
desirable, and
WHEREAS, the Congress of the United States has provided for the Feder-
al -aid Bridge Replacement Program, hereinafter called BRF, and
Congress has made funds available through the Federal Highway
Administration, hereinafter called the FHWA, for the implemen-
tation of BRF projects to rehabilitate or replace bridges on
public roads on and off the Federal -aid System, these funds
being administered by the STATE, and
WHEREAS, the Congress of the United States has provided for the estab-
lishment of the Federal -Aid Urban System (FAUS) and has made
funds available through the Federal Highway Administration
(FHWA) for improvements to the FAUS. Federal regulations
provide that the FAUS funds are to be administered by the
STATE, and
WHEREAS, pursuant to the authority of Chapter 307.10, 1983 Code of Iowa,
the STATE has established Administrative Rule 820-[06,Q]
Chapter 8 to administer BRF projects in the cities of Iowa, and
WHEREAS, BRF funding is available for reimbursement of up to eighty
percent (80%) of the costs relating to an improvement on public
roads on and off the Federal -aid System and local funds are to
be used for the remainder of the improvement costs, a minimum
of twenty percent (20%), and
WHEREAS, authorized and approved costs of an improvement to the FAUS are
eligible for reimbursement of up to seventy-five percent (75%),
except that costs related to traffic signal improvements are
eligible for reimbursement of up to one hundred percent (100%)
with FAUS funds. Local funds are to be used for the portion of
the costs of the improvements not reimbursed by FAUS funds, and
City of Iowa City
Agreement: 85-F-092
Page 2
WHEREAS, the CITY has requested eligible reimbursement from BRF and FAUS
funds for project costs under these Federal programs, and
WHEREAS, the CITY proposes a joint BRF-FAUS project on FAUS route 4044
(Benton Street) from the end of pavement tapers east of South
Capitol Street westerly to the edge of Riverside Drive.
NOW, THEREFORE, BE IT AGREED:
1. The attached Exhibit 1 will apply and is hereby made a part
of this Agreement.
2. BRF funds reimbursement to the CITY shall be limited to
actual bridge and approach roadways construction costs only
and shall not exceed $650,000.
3. FAUS funds shall be limited to the actual bridge and
approach roadways construction costs. Maximum reimbursement
to the CITY shall not exceed the two year "borrow ahead"
amount. In accordance with the Iowa Administrative Rule
820-[06,Q]10.3(2), urban areas with eligible projects but
with insufficient unobligated allocation balances to
support the full federal share of the project may, with the
approval of the highway division, "borrow ahead" up to two
years of anticipated funds. This feature shall be on a
"first -come -first served" basis and shall be limited to the
amount of funds held in reserve for this purpose.
■
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IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number
85-F-092 as of the date shown opposite its signature below.
City of Iowa City
19 86
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1, Marian K. Karr certify that I am the Clerk of the CITY, m o and that William J. Ambrisco , who signed said Agreement for and on as o
behalf of the CITY was duly authorized to execute the same by virtue of a
formal Resolution duly passed and adopted by the CITY, on the 28 day of
January 19 86 c "
i
Signed Jh�
Gity'C er ot Iowa City, Iowa
Date January 28 , 1986
IOWA DEPARTMENT OF TRANSPORTATION
Highwa ivi on
8y 19
Roger W AnderDerg,
Urban Mstems Engineer
Offic of Local Systems
S
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IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number
85-F-092 as of the date shown opposite its signature below.
City of Iowa City
19 86
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m
o �
1, Marian K. Karr certify that I am the Clerk of the CITY, m o and that William J. Ambrisco , who signed said Agreement for and on as o
behalf of the CITY was duly authorized to execute the same by virtue of a
formal Resolution duly passed and adopted by the CITY, on the 28 day of
January 19 86 c "
i
Signed Jh�
Gity'C er ot Iowa City, Iowa
Date January 28 , 1986
IOWA DEPARTMENT OF TRANSPORTATION
Highwa ivi on
8y 19
Roger W AnderDerg,
Urban Mstems Engineer
Offic of Local Systems
Revised 6-28-85
EXHIBIT I
Standard Provisions for F1US, BROS, and IX
City Project Agreements
1. Since this project is to be financed with local and federal funds, the CITY
shall take the necessary actions to comply with applicable State and Federal
laws and regulations.
No person in the United States shall, on the grounds of rare, sex, color.
or national origin be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination under any program
or activity for which the recipient receives Federal assistance from the
Department of Transportation, including the Federal Highway Adminis-
tration.
2. The CITY shall take the appropriate actions and prepare the necessary documents
to fulfill the requirements of the STATE Action Plan for project environmental
studies and Federal Highway Administration (FHWA) location/design approval.
3. The STATE will obtain the Iowa Intergovernmental Review IIR clearance state-
ment from the State Office for Planning and Programming (OPP), when necessary.
The STATE will notify the CITY when the project requires a project clearance
statement .from the Areawide Clearinghouse. The CITY shall then obtain and
submit to the STATE the necessary clearance statement.
4. The CITY shall obtain agreements as needed from railroad and utility companies
and shall obtain project approvals from the Iowa Department of Water,. Air, and
Waste Management, State Conservation Commission, U.S. Coast Guard, and U.S.
.Corps of Engineers.
5. The CITY shall prepare the construction plans, specifications, and estimates
(PSBE).. The design shall conform to Design Standards for Federal -aid projects
as set forth in Volume 6, Chapter 2, Section 1, Subsection 1 of the Federal -aid
Highway Program Manual (FHPM).
6. The project shall be constructed under the STATE Standard Specifications and
applicable special provisions. Prior to their use in the PSSE, specifications
developed by the CITY for individual construction items shall be approved by
the STATE and FHWA.
7. The CITY shall acquire the project right-of-way in accordance with Title III of
the Uniform Relocation Assistance and Real Property Acquisitions Policy Act of
1970 and applicable. State laws. The CITY shall provide relocation assistance
benefits in accordance with Title 11 of said 1970 Act and applicable State
laws. The CITY shall contact the STATE for assistance as needed to assure
compliance with applicable laws which are summarized in the State guideline
booklet entitled "Right -of -Way Acquisition Guidelines for Political Subdi-
visions of Iowa Concerned with Federal -aid Funding for Roads and Streets".
8. The CITY shall forward the Federal -aid Project Development Certification and
final PS&E to the STATE. Subject to the availability of funds, the STATE will
submit these documents to FHWA for approval to advertise for bids.
9. The CITY shall comply with the public hearing requirements of Chapter 384.102,
Code of Iowa, and shall certify adherence to those requirements. This Certi-
fication shall be submitted to the STATE prior to STATE and FHWA concurrence to
award the contract.
10. Upon receipt of FHWA authorization, the project will be let by the STATE in
accordance with normal project letting procedures. After bids are received and
opened, the STATE will furnish the CITY with a tabulation of all bid proposals.
The CITY, by Council Resolution, shall act on the bids received and shall
furnish the STATE with a copy of the Resolution.
11. The STATE will review the bid tabulations and proposals, and will prepare an
Iowa DOT Staff Action for concurrence to award the contract. The STATE will
mail the unexecuted contract to the approved low bidder.
12. The STATE will forward the necessary bid documents to the FHWA to secure
concurrence to award the contract. After receipt of rim concurrence, the
STATE will notify the CITY. The CITY shall enter into a contract with the
contractor and secure his performance bond and certificate of insurance.
-2-
13. The CITY shall forward to the STATE three (3) copies of the contract, perfor-
nce bdatfia (STATE
will
anealaidProjectAgreementandsubmtit for FIIWA approval and obligation of
Federal -aid funds.
14. The CITY shall comply with the procedures and responsibilities for materials
testing and construction inspection set forth in Department of Transportation
Rule 820-[06,Q] Chapter 10, Section 10.5(6)(e), IAC. The STATE will bill
CITY for testing services according to its normal policy. the
15. The CITY shall comply with the procedures and responsibilities for contract
payments set forth in Rule [06,Q] Chapter 10, Section 10.5(6)(f), IAC.
16. The CITY shall effect whatever steps may be required to legally establish the
grade lines of the street facilities constructed under said project, and shall
pay or cause to be paid all damages resulting therefrom, all in accordance with
the provisions of Section 364.15, Code of Iowa.
17. The CITY shall effectuate all relocations, alterations, adjustments, or re-
movals of utility facilities, including power, telephone and telegraph lines,
water mains and hydrants, curb boxes, sanitary sewers, and related poles,
installations and appurtenances, whether privately or publicly owned, and all
parking meters, traffic signals, and other facilities which are located within
the limits of an established street or alley and which will Interfere with
construction of the project. Certain utility relocation, alteration, adjust-
ment, or removal costs to the CITY for the project may be eligible for
Federal -aid reimbursement in accordance with the FHWA policy applicable to the
type of utility involved.
1 18. The CITY shall take all necessary legal action to discontinue current use and
t prohibit future use of the project right-of-way for business purposes, and
shall prevent any future encroachments or obstructions within the limits of the
project right-of-way. The CITY shall also cause removal of private signs and
other obstructions within the project right-of-way.
structions erected on private property wich obstrt thand e view of the ns and h public
street in conformance with the requirements of Sections 319.10 and 319.12, Code
of Iowa.
19. The CITY shall maintain all books, documents, papers, accounting records,
reports, and other evidence pertaining to costs incurred for the project. The
CITY shall also make such material available at all reasonable times during the
construction period and for three years from the date of final Federal reim-
bursement, for inspection by the STATE, FIIWA, or any authorized representatives
of the Federal Government. Copies of said materials shall be furnished by the
CITY, if requested.
20. The CITY shall maintain, or cause to be maintained, the completed improvement
in a manner acceptable Ur the FIIWA and STATE.
21. Traffic control devices, signing, or pavement markings installed within the
limits of this project shall conform to the "Iowa Manual on Uniform Traffic
Control Devices for Streets and Highways."
22. Implementation of Clean Air Act and Federal Water Pollution Control Act (Appli.
cable to Contracts and Subcontracts which exceed $100,000);
a. The CITY stipulates that any facility to be utilized in
performance under or to benefit from this agreement is
not listed on the Environmental Protection Agency (EPA)
List of Violating Facilities issued Pursuant to the
requirements of the Clean Air Act, as amended, and the
Federal Water Pollution Control Act, as amended.
h. The CITY agrees to comply with all of the requirements
Of Section 114 pf-the Clean Air Act and Section 300 of
theFederal Water, Pollution Control Act, and all r"gu-
)ations and guidelines issued thereunder.
C. The CITY Stipulates as a. condition of Federal -aid
Pursuant to this agreement, the CITY shall notify the
STATE Of 'a
facility tobeeCutilized ain perfonmvieic under ating fort to
benefit from this agreement is under ecnsideration to be
listed on the EPA List ofViolating Facilities. The
STATE will forward the notification received from the
CITY to the Federal Highway Administration.
RESOLUTION NO. 86-23
RESOLUTION AUTHORIZING AND DIRECTING THE FILING OF APPLICATIONS
ON BEHALF OF THE CITY OF IOWA CITY WITH
THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA,
FOR GRANTS UNDER SECTION 9 OF THE URBAN MASS TRANSPORTATION ACT'
OF 1964, AS AMENDED, FOR TRANSIT OPERATING ASSISTANCE FUNDING,
AND DESIGNATING THE CITY MANAGER AS THE CITY OFFICIAL AUTHORIZED TO
EXECUTE AND PROCESS SAID APPLICATIONS.
WHEREAS, the City of Iowa City has a municipal transit system; and
WHEREAS, the Secretary of Transportation is authorized to make grants for
mass transportation projects; and
WHEREAS, the contract for financial assistance will impose certain obliga-
tions upon the applicant, including the provision by it of the local share
of project costs; and
WHEREAS, it is required by the U.S. Department of Transportation in accord
with the provisions of Title VI of the of the Civil Rights Act of 1964,
that in connection with the filing of Section 9 applications for assis-
tance under the Urban Mass Transportation Act of 1964, as amended, the
applicant gives an assurance that it will comply with Title VI of the
Civil Rights Act of 1964 and the U.S. Department of Transportation re-
quirements thereunder; and
WHEREAS, it is the goal of the applicant that minority business enterprise
be utilized to the fullest extent possible in connection with Section 9
projects, and that definitive procedures shall be established and admini-
stered to ensure that minority businesses have the maximum feasible oppor-
tunity to compete for contracts when procuring construction contracts,
isupplies, equipment contracts, or consultant and other services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA AS
FOLLOWS:
I
1. That the City Manager is authorized to execute and file applications
on behalf of the City of Iowa City with the U.S. Department of Trans-
portation, to aid in the financing of transit operations pursuant to
Section 9 of the Urban Mass Transportation Act of 1964, as amended.
2. That the City Manager is authorized to execute and file with said
applications an assurance or any other document required by the U.S.
Department of Transportation effectuating the purposes of Title VI of
the Civil •Rightg Act of 1964.
3. That the City Manager is authorized to furnish such additional infor-
mation as the U.S. Department of Transportation may require in connec-
tion with the application.
4. That the City Manager is authorized to set forth and execute affirma-
tive minority business policies in conjunction with procurement needs.
gi
VM<Aa:uavaaca.aaay.av\a wnu:vi aa!aa...i..�.vA.::::::...r+�»..«�.Jl•.......a:u.....:..a ..w.... r. n+..nv.av�.....v�+
5. That the City Manager is authorized to execute grant agreements on
behalf of the City of Iowa City with the U.S. Department of Transpor-
tation for -aid in the financing of transit operations.
It was moved by Dickson and seconded by McDonald
the Resolution be adopted. After discussion the following roll call was
called:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
X Courtney
"T _X Dickson
X McDonald
Strait
X Zuber
Passed and approved this 28th day of January 1986.
I
I
MA OR
ATTEST:
AOACLERKlA)e )
NeaeWed 8 Approved
y the Legal De omenl
L. ,,..,..,.....,.:..............
a_.
RESOLUTION NO. 86-24
A RESOLUTION RESCINDING RESOLUTION NO. 85-25 AND ADOPTING A NEW
RESOLUTION ESTABLISHING FEES FOR SERVICES PERFORMED BY THE
OFFICE OF THE CITY CLERK.
WHEREAS, every citizen has a right to examine and copy public records and
documents, and
i
WHEREAS, Section 68A.3 of the Iowa Code provides that all expenses of such
work shall be paid by the person desiring to examine or copy such records,
and
WHEREAS, the City Council of Iowa City, Iowa, recognizes the need to
ensure the protection of public records and to prevent interference with
orderly office routine, and
i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
THAT:
1. The charge for copies of records and documents shall be as follows:
Duplicate copies (xerox) $ .10 each
Municipal Code (as updated) .$45.00 plus supplements
Municipal Code supplements Actual pro—rated cost
i Duplicate cemetery deeds $ 1.00
Recording of cemetery quit claim deeds $ 2.00
Recordak copies $ .50 each
2. No charge will be made for the first 15 minutes for the services of
the City Clerk or his/her staff in research, retrieval or copying of
records. Inspections of more than 15 minutes will be assessed in
quarter hour intervals at the rate of $2.50 per quarter hour.
If the service requested cannot be timely completed during regular
office hours, a person may request that it be completed after hours.
The charge will be based upon the overtime paid to the person provid-
ing assistance. The decision to authorize overtime shall be made by
the City Clerk, and the City Clerk cannot guarantee that the informa-
tion will be provided in the time requested.
The custodian shall provide an estimate of the cost upon request and
the cost shall be paid prior to the delivery of the requested docu-
ments or information.
3. Tapes are available of City Council meetings. Under no circumstances
should tapes be taken from the City Clerk's office without staff
supervision. Persons interested in listening, monitoring, note taking
and/or transcribing must do so with City staff present at all times
and must pay for the time expended as outlined in item 2 above. A
person may request a duplicate tape of a City Council meeting. The
/ff
Resolution No. 86-24
Page 2
charge will be based upon the actual cost of the tape plus employee
time as calculated in item 2. A person may request up to six meetings
at a time and should allow a minimum of 48 hours to honor such a
request. The above-stated procedure relates only to tapes that are
under the City Clerk's custodial care.
It was moved by Zuber and seconded by Dickson
the Resolution be adopted, an upon ro11 call there were:
AYES: NAYS: ABSENT:
X AMBRISCO
T —7-- BAKER
X COURTNEY
X DICKSON
X MCDONALD
X STRAIT
X ZUBER
Passed and approved this 28th day of January , 1986.
F
A
RESOLUTION NO. 86-25
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST
THE RELEASE OF A PROMISSORY NOTE EXECUTED BY FRANK DELNO AND JAN W.
HOLLAND.
WHEREAS, on June 17, 1982, Frank Delno and Jan W. Holland executed a Promis-
sory Note to the City of Iowa City in the amount of $1,500.00 for value
received by way of a Low Interest Weatherization Loan, and
WHEREAS, said Promissory Note provided a lien against subject property, and
WHEREAS, the outstanding amount of said Promissory Note was paid in full on
December 23, 1985
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that the Mayor be authorized to sign and the City Clerk to attest the
attached Release of Promissory Note whereby the City does release the af-
fected property from an obligation of Frank Delno and Jan W. Holland to pay
to the City the principal amount of $1,500.00.
It was moved by Strait and seconded by McDonald
the Resolution be adopted, an upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
Baker
X Courtney
X Dickson
X McDonald
X Strait
X Zuber
Passed and approved this 28th day of January , 1986.
ATTEST:2 a.
Jho vL%
IT CLERK
d
i
Received S Approved
gy a Legal Qepedmenf
1 7 B i
i
ATTEST:2 a.
Jho vL%
IT CLERK
d
i
Received S Approved
gy a Legal Qepedmenf
1 7 B i
Release of Promissory Note
KNOW ALL MEN by these presents,
that the City of Iowa City, Iowa, does hereby release the following described
property:
Lot 14 in Block 10 in Rundell, Johnson County, Iowa, according to
the recorded plat thereof, subject to an easement for egress and
ingress over and across the North 18 feet of the West 15 feet of
Lot 14 in said Block 10, according to a warranty deed recorded in
Book 202, page 375. (NOTE: This description is taken from the
attached copy of mortgage, as description on Court Officer Deed has
an error in the Block number.)
from an obligation of Frank Delno and Jan W. Holland to the City of Iowa
City, Iowa, in the principle amount of $1,500.00 represented by a Promissory
Note recorded in the Office of the Johnson County Recorder on June 17, 1982
in Book 311, page 364.
This obligation has been paid in full.
CITY OF IOWA CITY
ayor
Attest:.
City Clerk Received & Approved
By a Le�gal De rtmeel
7
STATE OF IOWA )
) SS: If
JOHNSON COUNTY ) n
On this a2 � day of �JQ�7itC61/i� 19 $�o before me, the
undersigne-3, a Notary Pu�4c i --n a or a take of
by
personally ap-
peared John McDonald and Marian K. Karr, to me personally known, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respec-
tively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal
corporation by authority of its City Council; and that the said John McDonald
and Marian K. Karr as such officers acknowledged the execution of said in-
strument to be the voluntary act and deed of said municipal corporation, by
it and by them voluntarily executed.
o ary Public anor��
ham
• MY NI�SSION
/9a
U
t
.�µvvtat+!vivtl
�3 RESOLUTION NO. 86-26
RESOLUTION SETTING PARKING RATES FOR THE IOWA CITY PARKING SYSTEM
WHEREAS, Chapter 23, Division 3, Code of Iowa City, establishes provisions for parking
meter zones and parking lots, and
WHEREAS, parking revenues will be used to provide funding for Transit Operations, and
WHEREAS, such funding for Transit Operations requires an increase in the total annual
parking revenue amount.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT:
Effective February 1, 1986, the existing parking rates will be increased accord-
ingly to:
Central Business District On -Street Meter . . . . . . . . . . . $ .40/hour
Central Business District Lot Meter . . . . . . . . . . $ .40/hour
Peripheral On -Street Meter (Outside Central Business District) . $ .30/hour
Peripheral Lot Meter (Outside Central Business District). . . . $ .30/hour
Lot Permits . . . . . . . . . . . $30.00/month
City Employee Lot Permits . . . . . . . . . . . $15.00/month
Meter Hoods . . . . . . . . . . . $ 4.00/day
Parking Ramps: $ .40/hour
Hourly Parker
Monthly All -Day Permits . . . $40.00/month
Monthly Off -Hours Permits . . . • • . • • • • $29.00/month
The above hourly parking rates for parking ramps will applyto both parking
ramps with the exception of:
Cars existing when a cashier is not on duty: a flat rate of 75¢ must
be deposited at the exit gate.
It was moved by Dickson and seconded by Baker
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Ambrisco
X Baker
Courtney
X _ _ Dickson
X McDonald
X Strait
X Zu be r
Passed and approved this 28th day of January , 1986.
ATTEST: 2 �w zi
CLERK
i
City of Iowa City
MEMORANDUM
Date: January 20, 1986
To: City Council
From: Joe Fowler, Parking Systems Supervisor a
Re: Off Hours Parking Permits
As a result of inquiries from the public, the Iowa City Parking System will
sell evening and weekend parking permits beginning February 1, 1986. These
permits will allow parkers to use the Dubuque Street parking ramp from 5:30
p.m, to 7:30 a.m. Monday through Friday and from 5:30 p.m. Friday evening
through 7:30 a.m. Monday morning for a monthly fee of $29 per month. Any
time used between 7:30 a.m. and 5:30 p.m. Monday through Friday will be
charged at the standard rate of .40d per hour.
The initial sale of permits will be for a two month period with future sales
being for three month periods. Permits may bepurchased at the Capitol
Street parking ramp or at the Iowa City Civic Center.
bdwl/9
.4
RESOLUTION NO. _
RESOLUTION AUTHORIZING CONVEYANCE BY QUIT CLAIM DEED TO THE UNIVERSITY
OF IOWA OF THE CITY'S INTEREST IN THE VACATED MELROSE AVENUE
RIGHT-OF-WAY BETWEEN BYINGTON ROAD AND RIVERSIDE DRIVE.
WHEREAS, the City Council did, by Resolution No. 85- , adopted on December 17,
1985, evidence its intent and proposal to dispose ofiis interest in the portion
of the Melrose Avenue right-of-way, vacated by Ordinance No.84-3194 located in
Iowa City, Johnson County, Iowa, and described as follows:
The entire right-of-way of Melrose Avenue from the east right-of-way
line of Byington Road, said line being 1858.60 feet east of the
northwest corner of the northeast quarter of Section 16, Township 79
North, Range 6 West, of the 5th Principal Meridian, thence easterly to
the west right-of-way line of Riverside Drive, also known as Highway
6.
and did authorize publication of notice of its proposal with regard thereto, and
did set the date and time for public hearing thereon; and
WHEREAS, following public hearing on said proposal, and being fully advised as to
the merits of said proposal, and in consideration of the receipt and acceptance
of the University's agreements regarding storm drainage and maintenance of the
retaining wall along Riverside Drive, all as set forth in the Agreement attached
to Resolution 85- the City Council deems said proposed conveyance of its
interest in said reaTestate to be in the best interests 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 Mayor and the City Clerk be and are hereby authorized, empowered and
directed to execute and deliver a City Deed quit claiming the City's interest in
said real estate to the State University of Iowa, and to execute the Agreement
referred to above.
AND BE IT FURTHER RESOLVED
That the City Deed attached heretoand made a part hereof is hereby approved as
to form and content.
AND BE IT FURTHER RESOLVED
That the City Attorney be and hereby is authorized, empowered and directed to
deliver the said City Deed upon receipt of the Agreement and of payment for the
costs incurred by the City in publishing notice of the proposals.
/902.,
i
PAGE 2
1 It was moved by and seconded by
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_ AMBRISCO
_ BAKER
COURTNEY
DICKSON
MCDONALD
STRAIT
ZUBER
Passed and approved this _ day of 1986.
MAYOR
ATTEST:
the Resolution be
Rewivod & APpmvcu
8 Tit L�g+l D nt
y
'L117
CITY DEED
00 ALL MIEN 6Y THESE PRESENTS:
That the City of Iowa City, law, a municipal corporation, of the County of
Johnson and the State of Iowa, by its Mayor and City Clerk, in consideration
of the execution and delivery to the City of an Agremaent relating to Ston
drainage and the retaining wall on Riverside Drive does hereby release,
Mile. Convey and quit Claim Unto the State University of lore all of Its
rights, title and interest in and to the follming-described preslses located
In the couitj of Jbigson and State of Mor -
The entire right -Of -W101 of Melrose Avow from the east
right-of-way line of eyington Reads said line being 1858.60 feet
east of tM northwest corner of the northeast quarter of Section
16. Township 79 North. Range 6 Nest. of the Sth Principal Meridian,
chance easUslg
lyo tf west right-of-way line of Riverside Drive,
so
This deed is executed and delivered under and by virtu* of the authority
vested in the Mayor and City Clerk of the City of Mow City. Mow, under the
provisions of Resolution No. e6--� duly posted and spproved an the 17th
day of January. 1986.
NO TRANSFER TAX DUE - CODE SECTION /2811.2(6)
IN WITNESS WHEREOF the city of Iowa city, Iowa, has caused this Instrument to
be executed on its behalf by its Mayor. attested by the City Clark, and its
seal to be affixed Hereto this _ day of Janury. 1986.
CITY OF IOWA CITY. IOWA:
ATTEST- - Ih- yar
city clar
STATE OF IOWA i SS:
JOHNSON COUNTY )
of 1986 before me, the
da
On this Y errr. :'err en of Iowa, personally
vr, to me personally
, the Mayor and City
utin within and
sealyaffixed thereto
Instrument was signed
authority of its City
Arlan N. Karr as such
to be the voluntary
I by them voluntarily
lnoero.yn.v, . ••---.
appeared
know. who, e-6ing�m-
Clerk respectively, of
isrtMi wail sof said nein
to I
,wd ..alad on Oehalf of
act and
executed.
of
in by
and
iumen
it if
aary c na or s+ Mae
/9aZ.
1