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HomeMy WebLinkAbout1985-01-29 ResolutionRESOLUTION NO. 85-18 RESOLUTION ACCEPTING THE WORK FOR TiE PAVING AND ST0RM SEWER IAPROVDIENTS FOR LOTS 1 AND 20 IN HIGHLANDER DEVELOPDIENT' FIRST ADDITION WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The paving improvements for Lots 1 and 20 in Highlander Development First Addition as constructed by Metro Pavers, Inc. of Iowa City, Iowa. The storm sewer improvements for Lots 1 and 20 in Highlander Development First Addition as constructed by H. D. Knowling Co. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE DE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Ambrisco that the resolution as read be a opte , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson _ X Erdahl X McDonald X Strait X Zuber I Passed and approved this 29th- day of January 19 85. OR // ti'o<aivinJ 14 Approver! ATTEST: �y! j�i �,tJ iy `?r: La, al iJrpnrtmoM CITY CLERK - 04 ----� o CITY QF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT January 23, 1985 Honorable Mayor & 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 specifi- cations of the Engineering Division of the City of Iowa City, The required maintenance bond is on file in the City Clerk's office. The paving improvements for Lots 1 and 20 in Highlander Development First Addition as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Storm sewer improvements for Lots 1 and 20 in Highlander Development First Addition as constructed by H.D. Knowling Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City, Res ectfu11 submitted, U� Frank K. Farmer City Engineer bj3/4 160 I 1 I 1. r i i i CITY QF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT January 23, 1985 Honorable Mayor & 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 specifi- cations of the Engineering Division of the City of Iowa City, The required maintenance bond is on file in the City Clerk's office. The paving improvements for Lots 1 and 20 in Highlander Development First Addition as constructed by Metro Pavers, Inc. of Iowa City, Iowa. Storm sewer improvements for Lots 1 and 20 in Highlander Development First Addition as constructed by H.D. Knowling Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City, Res ectfu11 submitted, U� Frank K. Farmer City Engineer bj3/4 160 a RESOLUTION NO. 85-19 RESOLUTION ACCEPTING WORK FOR A PORTION OF THE PAVING IDiPROVITIENTS FOR FIRST AND ROCHESTER, PART ONE WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, The portion of paving improvements to be accepted is adjacent to Lots 26-35, 37-40, 43 and 44 of First and Rochester, Part One in Iowa City, Iowa as constructed by Metro Pavers, Inc. of Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE DE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll calediere were AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson _ X Erdahl X McDonald X Strait X— Zuber Passed and approved this 29th• day of January , 1985 . ATTEST: 2l1. zi d -,Al vloeo / CITY CLERK /'& MAYOR ;2eceiveJ r A.pprovnd /�O/ CITY &F IOWA CITY CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT January 23, 1985 Honorable Mayor & 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 specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The portion of paving improvements to be accepted is adjacent to Lots 26-35, 37-40, 43 and 44 of First and Rochester, Part One, in Iowa City, Iowa, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City, Respec-fu t bmi_'tted, Frank K. Farmer City Engineer bj3/5 ,I i i i CITY &F IOWA CITY CIVIC CEN(ER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT January 23, 1985 Honorable Mayor & 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 specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The portion of paving improvements to be accepted is adjacent to Lots 26-35, 37-40, 43 and 44 of First and Rochester, Part One, in Iowa City, Iowa, as constructed by Metro Pavers, Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City, Respec-fu t bmi_'tted, Frank K. Farmer City Engineer bj3/5 RESOLUTION NO. 85-20 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF TIS SANITARY SEIIER AND STODI SOVER FOR FIRST AND ROCHESTER, PART RTS ONE WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, I i The sanitary sewer improvements for Lots 39-43 of First and Rochester, Part One in Iowa City, Iowa. The storm sewer improvements for Lots 26-35 and 37-44 of First and Rochester, Part One in Iowa City, Iowa. AND WHEREAS, maintenance bonds have been filed in the City Clerk's office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by Strait and seconded by Ambrisco that the resolution as read be adopted, and upon roll calms ere were AYES: NAYS: ABSENT: 5 Ambrisco Baker g_ Dickson _ X Erdahl x McDonald Strait X Zuber Passed and approved this 29th. day of January , 1985 . '141x0 --'az IVIYOR Racel x0- R'scelvnd G Approved ATTEST:na„� ) �ta� fy ti� Le8a1 Dn+nrment CLERK N CITY Or- IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT January 23, 1985 Honorable Mayor & 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 specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The sanitary sewer improvements for Lots 39-43 of First and Rochester, Part One, in Iowa City, Iowa. Storm sewer improvements for Lots 26-35 and 37-44 of First and Rochester, Part One, in Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R ectfully submitted, Frank K. Farmer City Engineer bj3/6 I - i I N CITY Or- IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CI1Y, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT January 23, 1985 Honorable Mayor & 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 specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. The sanitary sewer improvements for Lots 39-43 of First and Rochester, Part One, in Iowa City, Iowa. Storm sewer improvements for Lots 26-35 and 37-44 of First and Rochester, Part One, in Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R ectfully submitted, Frank K. Farmer City Engineer bj3/6 I i Y I i a 1� BARKER, CRUISE & KENNEDY LAWYERS CHARLES A BARKER 311 IOWA AVENUE - P.O. BOX 2000 JOHN D. CRUISE IOWA CITY, IOWA AREA CODE 310 MICHAEL W. KENNEDY 52244 TELEPHONE 35I-8181 JAMES D. HOUGHTON DAVIS L FOSTER ANN M. CRUISE January 16, 1985 City Council City of Iowa City Civic Center 410 E. Washington Street Iowa City, IA 52240 Re: Plum Grove Acres, Inc. - Vacation of a Portion of Flowage Easement Dear Councilpersons: I am writing this letter on behalf of Plum Grove Acres, Inc., the owner and developer of the subdivision known as "First and Rochester, Part One." Prior to the development of this subdivision, Plum Grove entered into a flowage easement agreement with the City to enable the construction of the de- tention structure on the north branch of Ralston Creek. At the time the flowage easement was granted, it was understood by both parties to the agreement that a portion of the permanent easement area was to be used for the extension of First Avenue through the subdivision, crossing over Ralston Creek. After the granting of the easement, both parties agreed to a differ- ent alignment for First Avenue, shifting it slightly westerly and negating the intended use for a portion of the permanent flowage easement. Therefore, we are asking the City to initi- ate an easement vacation proceeding for the small trapezoidal j area shown on the MMS Consultants, Inc, survey, a copy of which is attached. Chris Stephan of MMS Consultants, Inc. has been working with City Engineer Frank Farmer and corresponding about this matter. He has also corresponded with the Iowa Department of Water, Air and Waste Management and that Department has no ob- jection to the vacation of the trapezoidal area. I enclose a copy of a November 14, 1984 letter from the Department. JAN 17 1985 MARIAN K. KARR CITY CLERK (33 Page -2- January 16, 1985 We are ready to provide City Staff with a certified legal description of the area to be vacated along with any other doc- uments that staff finds to be reasonably necessary. We would appreciate it if you would initiate these vacation proceedings. Very truly yours, N ohn D. Cruise JDC/dc Encs. cc: City Engineer Frank Farmer Plum Grove Acres, Inc. Christopher Stephan 02/16-01-197 T 9 a E N JAN 171985 MARIAN K. KARR CITY CLERK (3) /63 I i II j i I ! I i I Page -2- January 16, 1985 We are ready to provide City Staff with a certified legal description of the area to be vacated along with any other doc- uments that staff finds to be reasonably necessary. We would appreciate it if you would initiate these vacation proceedings. Very truly yours, N ohn D. Cruise JDC/dc Encs. cc: City Engineer Frank Farmer Plum Grove Acres, Inc. Christopher Stephan 02/16-01-197 T 9 a E N JAN 171985 MARIAN K. KARR CITY CLERK (3) /63 2 i--�- '46L department of water, air and waste management November 14, 1984 i Mr. Christopher M. Stephan MMS Consultants, Inc. 465 Iowa Highway No. 1 West Iowa City, IA 52240 RE: Ralston Creek North Branch Dam Flowage Easements Iowa City, Iowa i i Dear Mr. Stephan: In response to your letter of October 22, 1984, the Flood Plain Permit Branch of the Department of Water, Air d Waste Management has no objection to the vacation of the referenced trapezoidial area from the permanent flowage easement.. 7If you should have any questions, feel free to contact me. Sincerely, REONS DIVISIONessen, P.E. Chief Flood Plain Permits Branch JDR:bkp/FPPW319PO7.01 "API 171985 MARIAN K. KARR CIN CLERK (3) henry o. wolloco building • 900 east grand • des moines. iowo 50319 • 515/281.804'0 / I N SCALE: 1". 100' a9•za'1S"a 40.00• NW COR. SCC. 12 -T19N- 4foW, STu P.M. �5O�O2'26"W 90.00' POINT OC BEGINNING I certify that during the month of October, 1984, at the direction of Bruce Glasgow, a survey was made, under my supervision, of the tract of land paetted hereon and the boundaries of said tract are as follows: Commencing at the Northwest Corner of Section 12, Township 79 North, Range 6 West of the 5th. Principal Meridien; Thence SO.02126"W, 90.00 feet; Thence N89.23113"9, 300.00 feet to the Point of Beginning; Thence N50.21'35"E, 142.92 feet; Thence N89023113"E, 40.00 feet; Thence S30.36'47"E, 103.92 feet; Thence S89.23'13"W, 202.99 feet to the Point of Beginning. Said tract contains 0.251 acres more or less. I further certify that the Plat as shown is a correct representation of the survey and all corners are marked as Indicated. Robert D. Nickelson Reg. No. 7036 Date Subscribed and sworn to before ■e this _ day of , 19 Notary Public, In and for the State of Iowa .IAN 171985 MARIAN K. KARR CIN CLERK (3) $ang t.n"r T.PLUM GROVE ACRES INC, L.Yc"° •wanue 0r BRUCE GIASGOW "ever e a omn•en, Cereu seen V,aCATED PERMANENT 'bTOgtA WATER STORAGa EA'oEM • /mnnrCorner bane MMMM Ti11e o s �1 ]0"Irma Ile r,re CO ULTAf L T1111 o 'TtAe ONOF THE NW I/d, SEC. 12-T79N�R6W L6 WF sn low• trrr, rows I nn. OF TUE SLM P. M.—fdeuns neo oUWp CAerMS e11 F.e. 6eeb Ina 100' Deb 10.19.84 br het. Na 101-092 "n 16 3 CITY OF 10\NA CITY CNIC CENTER 410 E. WASHNGION ST. IOWA CITY, IOWA 52240 (319) 356-5CM February 5, 1985 Mr. John D. Cruise Attorney at Law Barker, Cruise & Kennedy P.O. Box 2000 Iowa City, Iowa 52244 Re: Plum Grove Acres, Inc. - Vacation of a Portion of Flowage Easement y T Dear Mr/.0 se: v Your letter regarding vacation of a flowage easement along Ralston Creek within the First and Rochester, Part One Subdivision has been received and placed on file. Council action cannot be initiated to vacate property until the Planning and Zoning Commission has an opportunity to review the requested action. The next P & Z meeting for this to be considered is February 21, 1985. The City Engineer, Frank Farmer, has been in contact with Chris Stephan of MMS Consultants and appropriate proceedings are being initiated to vacate the flowage easement in question. Sincerely y0311 Meal M B City M gerger cc: Department of Planning & Program Development City Clerk✓ tpl/7 1 V• 143 RESOLUTION NO. 85-21 RESOLUTION APPROVING THE FILIAL PLAT OF FIRST AND ROCHESTER ADDITION, PART II, A SUBDIVISION OF IOWA CITY, IOWA. WHEREAS, the owners, Plum Grove Acres, Inc., have filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of First and Rochester Addition, Part II; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary plat and have recommended approval of same with an agreement executed between the owners and the City of Iowa City deferring the issuance of any building permits on Lots 53, 73-78 and 81 until such time as the east and northeast Iowa City development moratorium policy enacted by Resolution 83-187 and amended by Resolution 83-409 is rescinded; and, WHEREAS, the final plat has been examined by the Planning and Zoning Conmission and after due deliberation the Commission has recommended that it be accepted and approved with the above agreement; and WHEREAS, the final plat is found to conform with all the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the final plat of First and Rochester Addition, Part II, is hereby approved, subject to an agreement deferring development on Lots 53, 73-78 and 81, as described above. 2. That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify approval of this resolution and of the final plat after passage and approval by law; and the owner/subdivider shall record them at the office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. It was moved by Ambrisco .. and seconded by the Resolution be a opte , an upon ro 7 call there were: Strait AYES: NAYS: ABSENT: X Ambrisco �— Baker Dickson —X -I— Erdahl McDonald X Strait X_ Zuber Passed and approved this 29th* day of January 1985. YOR ATTEST:f ER y� CII rYY Rernfved A Approved By Tae togal DnpaHmenf J � 1 STAFF REPORT To: Planning & Zoning Commission Prepared by: Marianne Milkman Item: 5-8433. First & Rochester Date: January 17, 1985 Part 2 Final Subdivision GENERAL INFORMATION Applicant: Plum Grove Acres, Inc. Requested action: Purpose: Location: Size: Comprehensive Plan Update: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION I Public utilities: 834 N. Johnson Street Iowa City, Iowa 52240 Approval of a final subdivision plat for 18.95 acres. The development of 37 single-family lots. North of First and Rochester, Part 1 and east of First Avenue. 18.95 acres Residential, 2-8 dwelling units per acre and agricultural. Undeveloped except for one single-family home; RS -5. North - single-family residen- tial, undeveloped; ID -RS East - undeveloped, agricultural; ID -RS South - single- and multi -family residential, undeveloped; RS -5, RM -12 West - undeveloped; RS -5 Provisions of the subdivision and stormwater management ordi- nances. January 28, 1985 Water service is available. Sanitary sewer service is available for 15.32 acres in accordance with an agreement between the City and Plum Grove Acres. /9b 2 Public services: Police and Fire protection and sanitation service are avail- able. j Transportation: Vehicular access is via First Avenue and Hickory Trail. Physical characteristics: The topography is moderately to steeply sloped. j ANALYSIS The preliminary subdivision plat for First and Rochester, Part 2, was approved on June 19, 1984, subject to an agreement deferring development on Lots 73-78 and 80 until the east and northeast Iowa City development morato- I rium policy is rescinded. Much of the infrastructure for this subdivision is now in place. The final subdivision Plat differs from the preliminary T P y plat as follows: 1, The size of the platted area has increased from 18,84 to 18,95 acres, largely owing to a change in the east boundary of the subdivision near its southern limits. 2. One additional lot has been platted changing the total number of lots from 36 to 37, 3, The street name of Tamarack Place has been changed to 0luffwood Drive. Since the configuration of Lots 53 and 79-81 has changed, a revised agreement regarding the deferment of development is required. This agreement will now apply to Lots 53, 73-78 and 81. I The main east -west street in this subdivision is named Hickory Trail. It has been City Policy for the past ten years to name east -west through streets "Avenues" in order to provide some consistency and indication of general direction with street names. Since this street will eventually be a through street, staff recommends that Hickory Trail be named Hickory Avenue in First and Rochester Part 2 Subdivision. It will also be necessary to change the i name of Hickory Trail in First and Rochester Part 1 Subdivision, STAFF RECOMMENDATION Staff recommends approval of the final subdivision plat for First and Rochester Part 2 subject to resolution of the deficiencies and discrepancies listed below. I DEFICIENCIES AND DISCREPANCIES 1. A revised agreement regarding the lots for which development is deferred, is needed, 2. The name of Hickory Trail should be changed to Hickory Avenue. /�0 3 I i i f i 1 f i i 3 N t 1 HICKORY Mll .fi wl -3r o..w. PINR osrirl � � it .r» �CI �: .rr .r; �I�1 • b=ra V-4 F:ICrsY l.u0 iYralE•[tEC. �o npna r u+[rcw[=Yrp •ICY rI � � r PIIS p. .• . Q M..r!`�tiM 1 w�•+' '�...N .rw.•b-'r wl a^r_t...-��S I' ^ y. � a__�w �'rro': •+`r �` YYF ''� ' �'�_::I�-_��•::t �..:t-_:�r^�� `� ii��4���.rAr _iit.n.. t-y�4.Ylp. :d.Pn..riy S F S�_i. `.. _ '^..wri Yl��h� �• � ^�..Y!n �iL :r f 1t i y L.� I- w.u.+io. Nn Pir. �i w�' f-'., ••�I rS+yr j^��• �w...� � 3 �.. �' .'j: �77Ti .!.urwrr -1--•aTr. � Q. �:r.. w. •tl 3rwcar.r ;i wn ,Ir rr t■ v .`y n ..r�r C. _�- h..l.rl l i� �I. .lo ro r•��r� '-� I � I •�_-j! i Vii. T _ :amu Yr�cr i�. +��'= •_ # ir. \C •pcPnr fr 3 %t:. 1 "ti��• cbw!�r :,._S.[• L.._-. -'� Iw..', .. a _:-Y ."meg . ri.w.c: "! L -L ->c N -T to 5-84 ,r RESOLUTION NO. 85-22 RESOLUTION APPROVING THE PRELIMINARY PLAT OF SOUTHWEST ESTATES AND THE FINAL PLAT OF SOUTHWEST ESTATES PART ONE, A SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, the owner and proprietor, Mary Jo Eicher, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat of Southwest Estates Subdivision and the final plat of Southwest Estates Subdivision, Part One; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed preliminary and final plats and have recommended approval of same without provision of City water or City sewer service, with a waiver of the preliminary platting requirements for Lot 5, with a waiver of the sidewalk requirements for Lots 1-4, and with deferral of stormwater management requirements for Lots 1-5; and WHEREAS, the preliminary and final plats have been examined by the Planning and Zoning Commission and after due deliberation the Commission has recom- mended that they be accepted and approved with the provisions, waivers and deferrals stated above; and WHEREAS, the preliminary and final plats are found to conform with all of the requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the preliminary plat of Southwest Estates Subdivision and the final plat of Southwest Estates Subdivision Part One is hereby approved subject to: a. No provision of City water or City sewer service. b. Waiver of the preliminary platting requirements for Lot 5. c. Waiver of the sidewalk requirements for Lot 1-4. d. Deferral of stormwater management requirements for Lots 1-5. 2. That the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify the approval of this resolution which shall be affixed to the preliminary and final plats after passage and approval by law; and the owner/ subdivider shall record the final plat at the Office of the County Recorder of Johnson County, Iowa, before the issuance of any building permits is authorized. 2 It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO x BAKER —R— DICKSON �— ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this 29th.day of January 1985. /A YOR ATTEST: CIT)7nCLERK )'nienri �:amFva� x prroveri I n :Ity of Iowa City - MEMORANDUM Date: January 23, 1985 To: City Council From: Marianne Milkman, Planner ffi Re: Southwest Estates Subdivision As indicated in the staff report, this proposed subdivision is in an RR -1 zone and is located at the southwest city limits, west of Freeway 218. The 1983 Comprehensive Plan Update recommends that, with the exception of Hunter's Run Subdivision, residential development should be confined to areas east of Freeway 218. Consistent with this policy, staff and the Planning and Zoning Commission have recommended against extending City sewer and water service to the Southwest Estates Subdivision. The applicant has requested the extension of a 12" water main from Hunter's Run Subdivision, whose boundary is approximately 1100 feet east of the proposed Southwest Estates Subdivision. Mr. Kramer, of the Johnson County Health Department, has recommended that because of the slow percolation rate and high ground water table due to the soil types on the property, a single well be drilled to serve all four lots or the City water supply be used to provide water for the subdivision. Mr. Kramer also recommends the use of alternative sewer systems as opposed to conventional lateral field systems for the area. If Council determines that City water service should be extended to the Southwest Estates Subdivision, the following issues should also be consid- ered: 1. Extension of the water main effectively encourages development at urban rather than rural densities in this area west of Freeway 218. As a result, an amendment to the Comprehensive Plan and rezoning of the area to RS -5 would be required. 2. It must be determined who will pay the cost of extending the water main between Hunter's Run and Southwest Estates. bj3/11 /89 W STAFF REPORT To: Planning and Zoning Commission Prepared by: Marianne Milkman Item: Southwest Estates Preliminary Date: September 10, 1984 and Final Subdivision Plats. 5-8426 GENERAL INFORMATION Applicant: Frank J. Eicher Requested action: Purpose: Location: Size: Comprehensive Plan Update: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: 60 -day limitation period: ADDITIONAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: P.O. Box 2178 Iowa City, IA 52240 Approval of a preliminary and final subdivision plat. Future development of four residen- tial lots. North side of Rohret Road, approxi- mately one-quarter mile west of Hunter's Run Subdivision. Preliminary Subdivision: 150.74 acres Final Subdivision: 4.67 acres AG/Rural Residential Agricultural; RR -1, ID -RS North - agricultural and County Care Facility; P East - agricultural; ID -RS South - agricultural and residential; County RS and A2 West - agricultural; County Al Provisions of the Subdivision Code and the Storm Water Management Ordinance. October 15, 1984 October 30, 1984 None available. Municipal police and fire protection will be provided. Access is from Rchret Road. Rolling farmland: ANALYSIS An application has been submitted for approval of a preliminary subdivision plat for five lots and a final subdivision plat for four residential lots north of Rohret Road and just east of the western Iowa City city limits. The final plat for Southwest Estates Subdivision Part I includes 4.61 acres which consist of Lots 1-4 of the subdivision. Lot 5 of the subdivision has an area of approximately 146 acres. The recommendations of the Comprehensive Plan Update include the following statement: "With the exception of the already platted Hunter's Run Subdivi- sion, residential development should be confined to areas east of Freeway 218 to promote efficient, compact and contiguous growth." The proposed subdivi- sion is west of Freeway 218, and the Comprehensive Plan Update recommends that the sanitary sewer not be extended to this area because of the limited capacity of the 10" trunkline which will only permit a reasonable density of development east of Freeway 218. The subdivision lots would therefore require septic tanks. Since the lots are all over one acre in size, they can be served by the septic tanks provided that the Johnson County Health Department certifies the suitability of the soil for septic systems. The applicant proposes the extension of the 12" water main from the Hunter's Run Subdivision which lies approximately 1100 feet to the east. This is contrary to the recommendation of the Comprehensive Plan Update, which does not include this area for extension of any city services under the short- and long-range plans for development. The area is zoned RR -1, and the intent of this zone is to "provide for areas of a rural residential character within the City which are not projected to have the utilities necessary for urban development within the foreseeable future...." In order to comply with the 1983 Comprehensive Plan Update and the growth management policies which this plan incorporates, the City should not extend the water main to the Southwest Estates Subdivision, nor permit the owner to extend the water main at his expense. The provision of any city services in this RR -1 zone would encourage development at urban densities and would require an amendment to the Comprehensive Plan and rezoning of the area to RS -5. Under the current zoning the applicant should provide water for the subdivision through one or more wells. The applicant proposes to dedicate 40' of the south frontage of his property to the City. This is the north half of Rohret Road and corresponds with the 40' width dedicated for Rohret Road east of the Southwest Estates Subdivi- sion. Since Rohret Road is an existing road, the applicant will not be required to reconstruct it to meet City design standards. The proposed 60' access easement between Lots 2 and 3 of the subdivision, provides access to Lot 5 and will be dedicated to the City to insure adequate access to Lots 2 and 3 and any future subdivision of Lot 5. An agreement with the subdivider will permit direct access to Rohret Road for Lots 1 and 4 only. An agreement with the subdivider will also waive compliance with the Storm - water Ordinance for Lots 1-4 and other improvements on Lot 5 at this time. Compliance with the Stormwater Ordinance and other specified improvements will be required prior to the issuance of a building permit for Lot 5. The /f9 I B 3 agreement will stipulate that Southwest Estates Subdivision Part I be included in the stormwater management plan for any future subdivision of Lot 5 prior to issuance of a building permit. STAFF RECOMMENDATION Staff recommends deferral of the preliminary and final subdivision plats of Southwest Estates Subdivision subject to the resolution of the concerns expressed above regarding provision of water to the subdivision, and the deficiencies and discrepancies cited below. DEFICIENCIES AND DISCREPANCIES 1. Certification of soil suitability for septic systems by the Johnson County Department of Health. 2. Subdivider's agreement regarding a) Access to Rohret Road b) Storm Water Management Ordinance Compliance when Lot 5 is sub- divided 3. Dedication of 60 foot right-of-way for future road between Lots 2 and 3. ATTACHMENTS 1. Location'Map. ACCOMPANIMENTS Preliminary and final plat. / Approved by: Nnyld Schm iser, Director Department of Planning & Program Development M iqP 5-8+26 za RESOLUTION N0. AS-23 RESOLUTION APPROVING THE AMENDED BYLAWS OF THE IOWA CITY PLANNING AND ZONING COMMISSION. WHEREAS, the Planning and Zoning Commission of Iowa City, Iowa, adopted their amended bylaws at a regular meeting held December 6, 1984; and WHEREAS, the charter of the City of Iowa City, Iowa, requires that "the Council shall establish rules and procedures for the operation of all boards, which must include but are not limited to the adaption of bylaws and rules pertaining to open meetings."; and WHEREAS, the Rules Committee of the Iowa City City Council has reviewed said bylaws and recommended their approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amended bylaws of the Iowa City Planning and Zoning Commission are hereby i approved as shown on Exhibit A. I It was moved by Zuber and seconded by Strait the Resolution be adopte , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco �— Baker �— Dickson �— �— Erdahl j McDonald X X Strait Passed and approved this 29th. day of January 1985. ATTEST: 4i7n4ft—�� K�cetved $ Approved �p $Y Y lagal a; 2s3 �,( /90 i RESOLUTION N0. AS-23 RESOLUTION APPROVING THE AMENDED BYLAWS OF THE IOWA CITY PLANNING AND ZONING COMMISSION. WHEREAS, the Planning and Zoning Commission of Iowa City, Iowa, adopted their amended bylaws at a regular meeting held December 6, 1984; and WHEREAS, the charter of the City of Iowa City, Iowa, requires that "the Council shall establish rules and procedures for the operation of all boards, which must include but are not limited to the adaption of bylaws and rules pertaining to open meetings."; and WHEREAS, the Rules Committee of the Iowa City City Council has reviewed said bylaws and recommended their approval. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amended bylaws of the Iowa City Planning and Zoning Commission are hereby i approved as shown on Exhibit A. I It was moved by Zuber and seconded by Strait the Resolution be adopte , and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco �— Baker �— Dickson �— �— Erdahl j McDonald X X Strait Passed and approved this 29th. day of January 1985. ATTEST: 4i7n4ft—�� K�cetved $ Approved �p $Y Y lagal a; 2s3 �,( /90 ^4XHIBIT A BYLAWS Iowa City Planning and Zoning Commission ARTICLE I AUTHORITY: The Iowa City Planning and Zoning Commission shall have that authority the Code of Iowa, Chapter 27, Code of which is conferred Ordinances, City by Chapter 414 of of Iowa City, and through the adoption of these bylaws stated herein. ARTICLE II PURPOSE: The purpose of the bylaws stated herein is to provide for the general Iowa City, by establishing a Planning and welfare of the Zonthem citizens of to on pertaining to developmentise physicalssion City. andthe he Comprehensive PlanlofaIowasCi ARTICLE III MEMBERSHIP: Section 1. QualificatioThe Planning and Zoning Commission ns.st I shall consiof seven (7) members appointed by the City Council. All members of the Commission shall be electors of the City of Iowa City, Iowa. iqualified Section 2. Cum mayateerei incurred for l serve without compensation bursed foralexpens s outside the city on designated Commission business'. Such expenses must be submitted to the City Manager. Section 3. Orientation for New Members. Prior' to the first regular meeting following their appointment, new members shall be provided with copies of the City Zoning and Subdivision Code, Bylaws, and other documen- tation that would be useful to Commission members in carrying out their duties. Theyhs all also be given an orientation briefing by the City staff and the Commis- sion as is deemed appropriate. Section 4. Absences. Three consecutive unexplained absences of a omm ss on member from regular formal meetings may result in a recommendation to the City Council from the Commission to discharge said member and appoint a new Commission member. Section 5. Vacancies. Any vacancy on the Commission because of death, resignation, long-term illness, disqualification or removal shall be filled by the City Council after at least 30 days public notice of the vacancy. /?0 2 Section 6. Terms. Members shall be appointed for terms of five years, with terms expiring on May 1. Not more than one-third of the terms may expire in any one year. Section 7. Resignations. Resignations should be submitted in writing to the Mayor with a copy to the City Manager, Director of Planning and Program Development and Chairperson of Planning and Zoning at least 60 days prior to the date of intended departure. ARTICLE IV OFFICERS: Section 1. Number. The officers of this Commission shall be a Chairperson, Vice -Chairperson, and Secretary, each of whom shall be elected by the members of the Commis- sion. Section 2. Election and Term of Office. Officers of the Commis- sion shall be elected annually at the first regular meeting in February each year; if the election of officers shall not be held at such meeting, such election shall be held as soon thereafter as is convenient. Section 3. Vacancies. A vacancy in any office because of death, resigns on, removal, disqualification or other cause shall be filled by the members for the unexpired portion of the term. Section 4. Chair erson. The Chairperson shall, when present, preside at all meetings, appoint committees, call special meetings and in general perform all duties incident to the office of a Chair errson, and such other duties as may be prescribed by the members from time to time. Section 5. Vice -Chair erson. In the absence of the Chair ep rson, or n e even of death, inability or refusal to act, the Vice -Chair eo rson shall perform the duties of the Chair ep rson and when done so shall have all the powers of and be subject to all the restrictions upon the Chairperson. Section 6. Secretary. The Secretary shall have the responsibility of insuring that the Commission's minutes are accurate and are circulated as prescribed. The Secretary, in the absence of the Chairperson and Vice -Chairperson, � shall perform the duties of—tChairperson and when so acting shall have all the powers of and be subject to all the restrictions upon the Chairp_e m. /90 Rl ARTICLE V MEETINGS: Section 1. i Commission shall be held twice monthly whenever possible. .i S ecial Meetin _s. Special meetings of the members may Rl ARTICLE V MEETINGS: Section 1. Regular Meetings. Regular formal meetings of this Commission shall be held twice monthly whenever possible. Section 2. S ecial Meetin _s. Special meetings of the members may e cab lleirby the Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of three . or more members of the Commission. Section 3. -Place of Meetings. Regular formal meetings shall be in a place accessible to handicapped. Section 4. Notice of Meetings. Notice of regular and special meetings shall be required; meetings may be called upon notice not less than twenty-four (24) hours before the meetings. The news media shall be notified by staff as required under Chapter 28A, Code. Section 5. Quorum. A majority of the members of the Commission siTa constitute a quorum at any meeting. Section 6. Proxies. There shall be no vote by proxy. Section 7. Public Discussion. Time shall be made available during all regular formal meetings for open public discus- sion. Section 8. Motions. Motions may be made or seconded by any member of the Commission except the Chairperson. Section 9. Voting. A majority (but not less than three) of votes cast at any meeting at which a quorum is present shall be decisive of any motion or election. A two-thirds vote of the members of the Commission present or not less than four votes shall be required in consideration of a substantial amendment to the Zoning Ordinance and the adoption of the Comprehensive Plan or part or amendment thereof. Voting will be, upon request, by roll call and will be recorded by yeas and nays. Every member of the Commission, including the Chair ep rson, is required to cast a vote upon each motion. However, a member may abstain if the member believes there is a conflict of interest. A member who elects to abstain from voting shall state the reason for the abstension at the time of voting. During the discussion of the matter under considera- tion, a member who plans to abstain from voting should /90 4 so inform the Commission, so that other Commission members can properly weigh the opinions given by a member who believes a conflict of interest exists. Section 10. Roberts Rules of Order. Except as otherwise provided herein, Roberts Rules of Order shall be used where applicable. ARTICLE VI POWERS AND DUTIES: The City Planning and Zoning Commission, in addition to the powers conferred by Chapter 414 of the Code of Iowa, possesses the .following powers established by Chapter 27, Code of Ordinances, City of Iowa City: Section 1. To make such surveys, studies, maps, plans or plats of the whole or any portion of the City and of any land outside thereof, which in the opinion of such Commis- sion bears relation to a comprehensive plan, and shall submit such plan to the Council with its studies and recommendations and it may publish the same. Section 2. To make recommendations for the location or erection of statuary, memorials or works of art in public places, public buildings, bridges, viaducts, street fixtures, public structures or appurtenances and the sites therefor. Section 3. To make recommendations upon plans, plats, or replats of subdivisions or resubdivisions in such city which show streets, alleys or other portions of the same intended to be dedicated for public use. Section 4. To make recommendations for street, park, parkway, boulevard, traffic way or other public improvements, or the vacation thereof. Section 5. To carry on comprehensive studies of present conditions and the future growth of such city in order to guide and accomplish a coordinated, adjusted and harmonious development of such city in accordance with thepresent and future needs thereof to the end that the health, safety, morals, order, convenience, prosperity and general welfare may be promoted. Section 6, To conduct public hearings upon the adoption of such comprehensive plan or any amendment thereto. Section 7. To prepare a comprehensive plan regarding the height, number of stories and size of buildings and other structures; the percentage of ground that may be occupied; the size of yards, courts ,and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, /90 5 industry, residence, or other purposes and to this end shall prepare a preliminary report and hold public hearings thereon and after such hearings have been held, to submit its final report and recomnendations to the City Council. Section 8. To recommend to the City Council, from time to time, as conditions require, amendments, supplements, changes or modifications in the comprehensive plan prepared by it. Section 9. To do all things necessary or advisable in order to carry out the intent and purpose of this article and all other .ordinances relating to the state as they now exist or as the same may be hereafter amended or supplemented. ARTICLE VII HEARINGS: Section 1. Comprehensive Plan. Before the adoption or amending of any part of the Comprehensive -Plan, the Iowa City Planning and Zoning Commission shall hold at least one public hearing thereon, notice of the time of which shall be given by one publication in a newspaper of general circulation in the municipality, not less than seven days or more than 20 days before the date of hearing. After adoption of said plan by the Commis- sion, a copy shall be .forwarded to the Council. If the plan, or any modification or amendment thereof, shall receive the approval of the Council, the plan, until subsequently modified or amended as authorized by this section, shall constitute the official city plan of Iowa City. After the City Council has adopted all or part of a comprehensive plan, the Planning and Zoning Commission shall: (a) Investigate and make recommendations to the City Council upon reasonable and practical means for putting into effect the comprehensive plan in order that it will serve as a pattern and guide for the orderly growth and development of the city. The measures recommended may include Plans, regulations, programs, financial reports and capital budgets. (b) Prepare a biannual report to the City Council on the status of the plan and progress on its implementation. (c) Endeavor to promote public interest in and understand- ing of the comprehensive plan and regulations relating to it. /90 6 (d) Consult with and advise public officials and agencies, public utility companies, and civic, educational, professional and other organizations, and citizens generally, on the implementation of the provisions of the comprehensive plan. ARTICLE VII CONDUCT OF COMMISSION BUSINESS: Section 1. Agenda. The Chair erson, or a designated representa- tive, together with staff assistance shall prepare an agenda for all regular Commission meetings. Agendas are to be posted at least 24 hours before the meeting and shall be sent to Commission members and the media prior to regular formal meetings. Copies will be available to the public at the meeting. Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and distributed to Commission and City Council members. Specific recommendations requiring Council action are to be set off from the main body of the minutes and appropriately identified. Section 3. Review Policy. The Commission shall review all policies and programs of the City, relating to the Commission's duties as stated herein, and make such recommendations to the City Council as are deemed appropriate.' Section 4. Referrals from Council. From time to time letters, reques s or informs ion, requests for recommendations, and other matters are referred to the Commission by the City Council. The Commission will initiate considera- tion of each item at the next regular Commission meeting and shall notify Council of its disposition. Section 5. Attendance at Council Meetings. The goal of the onmission is o ave at leastone representative at each regular formal meeting of the City Council. It is the responsibility of the Chair erson to designate the method by which this goal is achieved. The Chairperson or designated representative may also be requeste��o attend informal Council sessions at which matters pertaining to the Commission's responsibilities are to be discussed. Section 6. Annual Report. An annual report detailing the activi- t esi of the Commission shall be prepared by the Chairman, approved by the Commission, and submitted to the City Council. /90 u ARTICLE VIII SUBCOMMITTEES: The subcommittees of this Commission including composi- tion, duties, and terms shall be designated by the Chair. ARTICLE IX AMENDMENTS: These bylaws may be altered, amended or repealed, and new bylaws adopted by an affirmative vote of not less than four members of the Commission at any regular meeting or at any special meeting called for that purpose_ Amendments shall be approved by the Council to become effective. /9a 0 RESOLUTION NO. 85-24 RESOLUTION AUTHORIZING THE CITY OF IOWA CITY TO AMEND THE LOW INTEREST LOAN MANUAL FOR THE HOUSING REHABILITATION PROGRAM WITH A REVISI0N OF CHAPTER 3 &CHAPTER 6 (WEATHERIZATION LOANS INVOLVING LAND SALES CONTRACTS). WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa (1983), to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation, and WHEREAS, the City Council has budgeted Community Development Block Grant funds to engage in Housing Rehabilitation Programs within the designated Neighborhood Improvement Areas, and WHEREAS, part of said program involves Low Interest Loans as a method of financing rehabilitation, and WHEREAS, the City Council has approved and authorized the implementation of the Low Interest Loan Program by Resolution No. 82-91, and WHEREAS, the City of Iowa City desires to amend the Low Interest Program by adding the revised sections to Chapters 3 and 6 as shown in the attached copies which by this reference are made a part of this resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Procedural Manual be amended for the Housing Rehabilitation Low Interest Program in accordance with the attached revisions. It was moved by Ambrisco and seconded by Strait the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson -T— Erdahl X McDonald X Strait X Zuber Passed and approved this 29th. day of January , 1985. d YOR ATTEST: l77 ein CIT CLERK Iirnr!ved 8 Approvod By Tho Lagai Depnrhnent _ �Izt�Cs 3 CHAPTER 3. ELIGIBILITY REQUIREMENTS I. GENERAL. This chapter sets forth eligibility requirements as to the property and the applicant for a rehabilitation loan. A rehabilitation loan may be made only with respect to a property located within: the concentrated rehabilitation area(s) as approved by the City Council. The property must need rehabilitation to meet the Rehabilitation Standards. Neither an individual family nor a structure may participate more than once in this program. 2. REQUIREMENTS APPLICABLE TO EVERY LOAN. A rehabilitation loan cannot be approved if the app icant s recor s ows a disregard for former obliga- tions, or if there is a clear inability to make the payment that will be required. In addition, depending upon the type of applicant and property involved, the requirements as described below also apply. 3. REQUIREMENTS APPLICABLE TO LOAN FOR RESIDENTIAL PROPERTY. An applicant for a re a i Itatton oan on rest entia property must a the owner of the property. *REVISED 4. REHABILITATION LOAN INVOLVING A LAND SALES CONTRACT. All land sales SECTION contracts must a refinanced or retire efore an app icant can apply for a Low Interest Loan for comprehensive rehabilitation. However, for a weatherization_ loan only, an applicant may be eligible if they meet the fo owing test: a. Have at least 20% equity in the property. b. Obtain appropriate release from title holder. c. Have ability to repay. (See Chapter 5.) d. Have possession of the property and reside in it at least one year prior to making application for a weatherization loan. 14 b. Verification of Employment. Include a completed CDR -7633 "Request for Verification of Emp oyment" for each position held within the last 12 months. Verifications of employment must be completed for all persons whose signatures will appear on the promissory note and mortgage. c. Verification of De osits. CDR -7634 must be completed for each checking and or savings account fisted by the applicant(s). d. Verification of Income from Other Sources. Verify all other income receive y the app icant s , such as pensions, social security, ADC, disability benefits, rentals, income from care of foster children, interest on investments, etc. If the principal source of income of the applicant(s) is from his/her own business, include a currently dated balance sheet and operating statement, or a copy of his/her most recent tax return. e. Verification of Mort a e or Deed of Trust. Complete CDR -7639 for each outstan ing mortgage or an sa es contract on all properties being purchased by the applicant(s). f. Credit Data. Obtain a written credit report from the Credit Bureau. g. Construction Contract Document. See Chapter 13. h. Ownership Data. The Rehabilitation Officer shall make a preliminary informs determination of ownership. The citation from the land records or other official records used in the verification shall be retained in the file. This informal verification shall be followed, at the appropriate time, by a formal verification in the form of a written title search and the continuation of the abstract. *REVISED i. Rehabilitation Loan Involvin a Land Sales Contract. All land sales SECTION contracts must be refinance or retire efore an app scant can apply for a Low Interest Loan for comprehensive rehabilitation. However, for a Weatherization Loan only an applicant may be eligible if they meet the following test: a. Have 20% equity in the property. b. Obtain appropriate release from title holder. c. Have ability to repay. (See Chapter 5.) d. Have possession of the property and reside in it at least one year prior to making application for a weatherization loan. Note: From Chapter 6. Processing and Submissions for a Rehabilitation Loan. 02 o/ u R RESOLUTION NO. 85-25 A RESOLUTION REPEALING RESOLUTION NO. 79-117 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 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 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF I014A CITY, IOWA, THAT: 1. The charge for copies of records and documents shall be as follows: Duplicate copies (xerox) Municipal Code (as updated) Municipal Code supplements Duplicate cemetery deeds Recording of cemetery quit claim deeds Recordak copies $ .10 each $45.00 plus supplements Actual pro -rated cost $ 1.00 $ 2.00 $ .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 as follows: a. Non-professional aid or supervision, $2.00 per quarter hour inter- val. b. Professional aid or supervision, $4.00 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 providing assistance. The decision to authorize overtime shall be made by the City Clerk, and the City Clerk cannot guarantee that the information 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 documents or information. ao..7- RESOLUTION NO. 85-25 PAGE 2 3. Tapes are available of City Council meetings. Under no circumstances should tapes be taken from the City Clerk's office without staff supervi- sion. 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 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 Dickson and seconded by Ambrisco the Resolution be adopted, and upon Fro 1 ca T there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this29th• day of January 1985. AYOR ATTEST: '/ % rr�arJ X. Recelved & Approved By Th I nl Aappartnvend l I/i7 8i 02 I I I I i I RESOLUTION NO. 85-25 PAGE 2 3. Tapes are available of City Council meetings. Under no circumstances should tapes be taken from the City Clerk's office without staff supervi- sion. 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 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 Dickson and seconded by Ambrisco the Resolution be adopted, and upon Fro 1 ca T there were: AYES: NAYS: ABSENT: X AMBRISCO BAKER X DICKSON X ERDAHL X MCDONALD X STRAIT X ZUBER Passed and approved this29th• day of January 1985. AYOR ATTEST: '/ % rr�arJ X. Recelved & Approved By Th I nl Aappartnvend l I/i7 8i 02 RESOLUTION NO. 85-26 RESOLUTION AUTHORIZING AND DIRECTING THE SOLICITATION OF OFFERS TO PURCHASE LAND FOR PRIVATE REDEVELOPMENT, PARCEL 65-2B. WHEREAS, the City of Iowa City, Iowa, acting as the Local Public Agency, has entered into a contract for Loan and Grant with the United States of America for the implementation of the Urban Renewal Project known as Project No. Iowa R-14; and WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulations, transferred Community Development Block Grant funds to said Urban Renewal Project, and transferred control of certain real property acquired in carrying out said Urban Renewal Project to the City Council of the City of Iowa City from the City Council acting as the Local Public Agency by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and WHEREAS, the City of Iowa City has adopted and approved the Urban Renewal Plan for said project and Resolution No. 2157, dated October 7, 1969, in which Plan has been modified and amended from time to time; and WHEREAS, the City Council of Iowa City amended the Urban Renewal Plan in August of 1984 to designate Parcel 65-2b as a disposition parcel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is hereby authorized and directed to solicit offers for the purchase of Parcel 65-2b for a minimum bid price of $10,500 for a commercial or office development, with a bid period of 30 days ending at12:00 p.m., March 4, 1985; and BE IT FURTHER RESOLVED, that the City Clerk is hereby authorized and directed to publish notice of such solicitation for Parcel 65-2b for said private redevelop- ment. It was moved by Strait and seconded by Ambrisco _ the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco -_— Baker Dickson �- Erdahl McDonald _37— Strai t X Zuber Passed and approved this 29th. day Qf January 1985. i � OR ATTEST: 4'/ �.r.✓ Recoived 8, A roved CITY CLERK PP B_ Y� The L,10 poparhmrd .20.3 aty of Iowa City MEMORANDUM Date: January 24, 1984 To: City Council �j From: Karin Franklin, Senior Planner le> Re: Parcel 65-28 l Parcel 65-2B is the small portion (697 square feet) of the urban renewal parcel known as Blackhawk Mini -park. The Council decided in August, 1984, that 65-2B should be marketed after receiving a request from Arthur Small and his associates to sell the parcel. Small proposed the renovation of the Paul -Helen Building and the integration of development on 65-2B with that renovation. Since this land is within the urban renewal area, the property must be offered through an open bid procedure. The property will, with the Council's approval, be placed on the open market. Bid packets are included in the Council's agenda material. The "Prospectus" will be sent out with a cover letter to potential buyers. Those interested are asked to request a bid packet which includes all of the specific documents and information necessary for proper submittal of a bid. Bids will be accepted from anyone submitting the required material including earnest money of $500. The due date for bids is 12 PM, March 4, 1985. The bids will be reviewed by.the staff, a recommen- dation of a preferred developer will be sent to the Council and finally the Council will select the preferred developer. An appraisal and a review appraisal have been completed. The minimum price suggested is $10,500. This appraisal figure assumes that access will be available to the parcel. Parcel 65-2A, Blackhawk Mini -park, which adjoins Parcel 65-2B was made part of City Plaza in November, 1984. Parcel 65-2B will have all of the access currently available to any other parcel on City Plaza, i.e. unfettered public access. Two requirements outlined in the "Prospectus" should be noted by the Council: 1) access to the alley in Block 65 will be required either through ownership of property abutting the alley or through the acquisition of an easement over such property, and 2) a financial or in-kind contribution of up to $5,000 will be required toward design plans for the renovation of Parcel 65-2A, the park/plaza area. The first requirement is intended to ensure that service access to the developed site is available from the alley. The second requirement will enable an attractive redesign of the park which will add to the quality of the public space of City Plaza and also enhance the entry area of the new development. The development envisioned in the "Prospectus" is an office/commercial use. The site may be developed as a separate tract or it may be integrated with adjacent property, provided the specific requirements cited above and in the "Prospectus" are met. tp4/1 a.?0..3 V Ai 0 mJ =fA �J"►\ I AVIV/A = . �A ajyjT/AM flar'AIa - IMI1 i i• i i ModifiE ,/72, 5/73, 9/73, 9/76, 5/77, 8/79, a03 8/84 THE URBAN RENEWAL PLAN CITY -UNIVERSITY PROJECT I PROJECT NO. IA. R-14 IOWA CITY, IOWA TABLE OF CONTENTS Page No. Table of Contents A. Introduction 1 B. Description of Urban Renewal Area 1. Boundaries of Urban Renewal Area 1 2. Urban Renewal Plan Objectives 1 3. Types of Proposed Urban Renewal Action 3 C. Land -Use Plan 1. Land -Use Map 4 2. Land -Use Provisions and Building Requirements 4 a. Permitted Land -Uses 4 b. Additional Controls and Objectives 6 c. Initiation and Duration of Land -Use Provision 9 and Building Requirements d. Applicability of Land -Use Provisions and Building 9 Requirements to Real Property Not to be Acquired D. Project Proposals 1. Land Acquisition 10 2. Rehabilitation and Conservation 11 3. Redevelopers' Requirements 18 4. Underground Utility Lines 19 E. Other Provisions Necessary to Meet State and Local 19 Requirements F. Procedures for Changes in Approved Plan, 21 a03 Urban Renewal Plan A. INTRODUCTION The continued stability and vitality of the heart of Iowa City as the center for business, governmental, institutional and cultural activities is endangered by blight, deterioration and obsolescence. Recognizing this danger, and consideration the community pride and achievement focused on this area, the City of Iowa City, through its Department of Planning and Program Development, has initiated a program of Urban Renewal action in its Central Business District. This Urban Renewal Plan was prepared with the assistance of the Federal government. The primary objectives of the plan are to stimulate, through public action and commitments,private investments in redevelopment and in rehabilitation. In order to achieve the objectives of the City -Univer- sity Project, the City of Iowa City shall undertake the Urban Renewal actions specified in this Plan, pursuant to the powers granted to it — under chapter 403 of the 1975 Code of Iowa, as amended. B. DESCRIPTION OF URBAN RENEWAL AREA 1. Boundaries of Urban Renewal Area Beginning at the intersection of the centerline of Linn Street and the south right-of-way line of Court Street; thence in a northerly direction along said centerline to the intersection of said center- line and the centerline of Washington Street; thence in a westerly direction along the centerline of Washington Street to the intersec- tion of said centerline and the westerly right-of-way line of Clinton Street extended; thence northerly along said right-of-way line extended to the northerly right-of-way line of Washington Street; thence in a westerly direction to the northwest corner of Washington Street and Capitol Street; thence in a southerly direction along the west right-of-way line of Capitol Street to the northwest corner of — College Street and-Ta-pitol Street; thence in a westerly direction _ along the north right-of-way line of College Street to the east line of the Cedar Rapids -Iowa City iiailroad right-of-way; thence in a southerly direction along the said Railway right-of-way to the intersection of the north right-of-way line of Burlington Street; thence in a westerly direction along the north right-of-way line of Burlington Street to the Iowa River; thence in a southerly d r♦ ection i along the Iowa River to the south right-of-way line of Court Street as extended to the Iowa River; thence in an easterly direction along said line to the point of beginning. 2. Urban Renewal Plan Objectives The following objectives have been established for the redevelopment and rehabilitation of the City -University Project: o2e3 -z - a. To eliminate substandard buildings, blighting influences, and environmental deficiencies in this important section of the City of Iowa City, and to establish conditions which will prevent the recurrence of blight and blighting conditions. b. To strengthen central Iowa City as the retail trade business, financial, administrative, governmental, educational, and cultural center of the area. c. To strengthen the economic well-being of the central area and the City by increasing retail activity, taxable values, and job opportunities. d. To establish a pattern of land use activities arranged in compact, compatible grouping so as to enhance their efficiency of operation and economic inter -relationships. e. To provide for the orderly physical and economic growth of the central area through controlled redevelopment and rehabilita- tion. f. To provide safe, efficient and attractive public and private vehicular access to central Iowa City. g. To provide a safe, efficient and attractive circulation system which minimizes conflicts between different forms of traffic such as pedestrians, bicycles, automobiles, transit and service vehicles. h. To encourage coordinated development of parcels and structures in order to achieve efficient building design, multi-purpose use of sites, unified off-street parking, trucking and service, and internal pedestrial linkages. i. To provide for off-street parking facilities in locations easily accessible from major thoroughfares and central area destinations alike including long-term parking facilities on the periphery of the central area, and including existing off-street parking outside the project area boundaries. j. To improve the appearance of buildings, rights-of-way and open spaces, and to encourage high standards of design. k. To aid the University of Iowa to expand in an orderly way, so the University and the Business District can each perform its own function with minimum conflict and mutual benefit. 1. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of downtown Iowa City. m. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the low income, elderly, and handicapped in downtown Iowa City. 020,3 i i i — -z - a. To eliminate substandard buildings, blighting influences, and environmental deficiencies in this important section of the City of Iowa City, and to establish conditions which will prevent the recurrence of blight and blighting conditions. b. To strengthen central Iowa City as the retail trade business, financial, administrative, governmental, educational, and cultural center of the area. c. To strengthen the economic well-being of the central area and the City by increasing retail activity, taxable values, and job opportunities. d. To establish a pattern of land use activities arranged in compact, compatible grouping so as to enhance their efficiency of operation and economic inter -relationships. e. To provide for the orderly physical and economic growth of the central area through controlled redevelopment and rehabilita- tion. f. To provide safe, efficient and attractive public and private vehicular access to central Iowa City. g. To provide a safe, efficient and attractive circulation system which minimizes conflicts between different forms of traffic such as pedestrians, bicycles, automobiles, transit and service vehicles. h. To encourage coordinated development of parcels and structures in order to achieve efficient building design, multi-purpose use of sites, unified off-street parking, trucking and service, and internal pedestrial linkages. i. To provide for off-street parking facilities in locations easily accessible from major thoroughfares and central area destinations alike including long-term parking facilities on the periphery of the central area, and including existing off-street parking outside the project area boundaries. j. To improve the appearance of buildings, rights-of-way and open spaces, and to encourage high standards of design. k. To aid the University of Iowa to expand in an orderly way, so the University and the Business District can each perform its own function with minimum conflict and mutual benefit. 1. To provide for open spaces and pedestrian ways, which reinforce the pedestrian orientation of downtown Iowa City. m. To provide for residential development within the project area, in order to enhance housing opportunities, especially for the low income, elderly, and handicapped in downtown Iowa City. 020,3 i I - i i I_ I R CRI: n. To provide an environment which improves the attractiveness of public transit in Iowa City, and which reinforces the viability of the public transit systems. o. To encourage the restoration and rehabilitation of structures within downtown Iowa City which are of architectural and/or historic significance. 3. Types of Proposed Renewal Action Proposed renewal action will consist of a combination of clearance and redevelopment, rehabilitation, and the provision of public facilities and improvements. a. Clearance and Redevelopment Property identified on the Land Acquisition Plan Map, Exhibit R-213-01 attached hereto and made a part hereof, will be acquired by the Local Public Agency, cleared of all improvements and either (1) sold or leased for private redevelopment, or (2) sold, leased or dedicated for construction of public improvements or facilities. Properties are identified for acquisition, clearance and redevelopment for one of the following reasons: (1) To remove buildings which are structurally substandard. (2) To remove buildings,other than buildings which are structur- ally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to the following: (a) Inadequate street layout. (b) Incompatible uses or land -use relationships. (c) Overcrowding of buildings on the land. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facili- ties. Such sites and facilities shall be so located as to meet projected needs, and shall be designed to enhance the downtown area as a whole. (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objec- tives of this Urban Renewal Plan. Acquisition of such buildings will take place only when the objectives of this Urban Renewal Plan cannot be met through rehabilitation. a63 I j IM {Y I w I Ile b. Rehabilitation Rehabilitation activities will include: (1) Enforcement of "Property Rehabilitation Standards," as set forth in Section D-2 of this Urban Renewal Plan. (2) Provision of technical assistance to property owners to facilitate and stimulate achievement of rehabilitation standards and objectives. c. Public Improvements and Facilities The entire Urban Renewal Plan area will be adequately served by public improvements and facilities including: (1) Installation of new street improvements, utilities, parking facilities, sidewalks, landscaping and other physical features necessary to serve and improve the Project Area. (2) Provisions for achieving high standards of design construc- tion and improvements consistent with the design and development objectives of this Urban Renewal Plan. C. LAND -USE PLAN 1. Land -Use Map The Land -Use Map Plan Map, Exhibit R -213-B, attached hereto and made a part hereof, identifies proposed land -uses and public rights- of-way. Major land -use categories included within the development areas are retail, office, service, civic and cultural, medium and high density residential, institutional, public, and retail service. All thoroughfares and street rights-of-way are shown on the Land -Use Plan Map. Their locations are subject to minor modifications. 2. Land -Use Provisions and Building Requirements a. Permitted Land -Uses Central Business Zone TIT—rhe —central business zone is intended to be the high density, compact, pedestrian -oriented shopping, office, service, and entertainment area in Iowa City. Development and redevelopment within this zone should occur in compact groupings in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, plazas, or pedestrian ways. The zone is intended to accommodate a wide range of retail, service, office and residential uses. a 0,3 -5 - Permitted Uses: A broad range of compatible retail/service j uses, including: I � (a) Retail Trade. Those retail uses which serve the county -wide market by virtue of their variety, quality, — or specialization of merchandise, including food, drugs and liquor; eating establishments and eating and drinking establishments, general merchandise; apparel and accessories, furniture, furnishings and appliances; _ i hardware; art dealers, antiques; books, stationery and art supplies; sporting goods; toy and hobby shops; jewelry stores; florists; camera and photographic — supply; optical goods; cigar stores, news dealers; gift, novelty and souvenir stores; other stores; and I i _ other pedestrian -oriented similar and compatible retail uses. i (b) Services. Those appropriate activities which serve the daily convenience needs of employees, students, faculty, and shoppers, including banks and other financial institutions; photographic studios; beauty and barber shops, shoe repair shops; instructional _ services; watch and jewelry repair; hotels; transporta- tion depots; theaters; travel bureaus; indoor recrea- tional facilities (such as bowling alleys); blue- printing and photostating; and other similar and compatible service uses. (c) Offices, business, and professional. Administrative offices and office headquarters; insurance, finance, and real estate offices; professional (e.g., legal, dental, and medical); business services; and other similar and compatible uses. (d) Dwelling units, above the ground floor only. (e) Off-street public parking. (f) Institutional uses above the second floor only. For specific information on permitted uses in the central business zone, see Section 36-21 of the Zoning Ordinance. (2) Central Business Service Zone The central business service zone is intended to allow for the orderly expansion of the central business district of Iowa City, to serve as a transition between the intense land uses located in the central business district and adjoining areas, and to enhance the pedestrian orientation of the central business district by providing suitable, peripheral locations for auto -oriented commercial and service uses. This zone is intended to accommodate mixed land uses and requires that the intensity of use be less than that permitted in the central business zone. ao3 I I I i I i — -6- Also permitted in this district are multi -family residential uses at the ground floor level and above. For specific information on permitted uses in the central business service zone, see Section 36-20 of the Zoning Ordinance. (3) University Area The University Area will be limited to the development of the academic core and supporting activities of the State University of Iowa. Permitted Uses: Classrooms, laboratories, meeting rooms, faculty and administrative offices, research facilities, service facilities and off-street parking. b. Additional Controls and Objectives There are three development areas comprising the Plan Area (identified on the Land -Use Plan Map, Exhibit R -213B). Addi- tional controls and objectives for each development area include: Central Business Core Area 1 The development of this area should: --Enlarge and strengthen the function of the Central Business District Core as a shopping, business, and entertainment center. --Provide for redevelopment in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, pedestrian ways, and plazas. --Improve the attractiveness and convenience of the shopping environment. --Provide a public plaza in the heart of the Central Business District Core to be constructed largely on and adjacent to the right-of-way of Dubuque Street at College Street, which will serve as an identifiable civic symbol and focal point and function as a center for pedestrian movement. --Provide for the expansion and new development of retail, office, and service activities which will be complimentary to existing activities in use, scale and quality of materials and surfaces. X03 i I -6- Also permitted in this district are multi -family residential uses at the ground floor level and above. For specific information on permitted uses in the central business service zone, see Section 36-20 of the Zoning Ordinance. (3) University Area The University Area will be limited to the development of the academic core and supporting activities of the State University of Iowa. Permitted Uses: Classrooms, laboratories, meeting rooms, faculty and administrative offices, research facilities, service facilities and off-street parking. b. Additional Controls and Objectives There are three development areas comprising the Plan Area (identified on the Land -Use Plan Map, Exhibit R -213B). Addi- tional controls and objectives for each development area include: Central Business Core Area 1 The development of this area should: --Enlarge and strengthen the function of the Central Business District Core as a shopping, business, and entertainment center. --Provide for redevelopment in compact groupings, in order to intensify the density of usable commercial spaces, while increasing the availability of open spaces, pedestrian ways, and plazas. --Improve the attractiveness and convenience of the shopping environment. --Provide a public plaza in the heart of the Central Business District Core to be constructed largely on and adjacent to the right-of-way of Dubuque Street at College Street, which will serve as an identifiable civic symbol and focal point and function as a center for pedestrian movement. --Provide for the expansion and new development of retail, office, and service activities which will be complimentary to existing activities in use, scale and quality of materials and surfaces. X03 iC --Provide sites for either one or two new or expanded department stores to serve as primary retail generators. --Provide for the restricting of Dubuque Street from Washington Street to the alley between College and Burlington Streets, in order to facilitate pedestrian circulation, to allow for emergency vehicles between Washington and College Streets, and to allow the crossing by delivery vehicles at the alley between Washington and College Streets. --Provide an attractive public pedestrian link between the public plaza and the activities and uses oriented to Burlington Street, to be constructed parallel and adjacent to the closed right-of-way of Dubuque Street. i �• --Provide for publicly -owned off-street parking facilities to accommodate approximately 1300 to 2000 cars. --Provide for specialty retail and service uses oriented to the j pedestrian -ways to accommodate the needs of students, faculty, employees, shoppers, and visitors. --Provide for the retention of private off-street accessory parking, now utilized in conjunction with and as part of existing private uses; such parking areas to be provided with _ buffering, screening, and/or planting as is deemed appropriate to make them visually attractive to passersby and parkers. Prohibit any new off-street parking unless granted' by special use permit by the City Council, and in that event, for acces- sory parking only. --Provide for up to 100 percent lot coverage of all private development parcels, and a floor area ratio of up to ten times the development area. --Provide for consolidated off-street loading and service facilities wherever practicable; access to be provided from screened public service alleys or courts. --Provide for a pedestrian linkage connecting the University and Central Business District Core areas, to be constructed largely on the closed right-of-way of College Street. _. --Provide for the closing of College Street between Capitol and Clinton Streets in order to permit land assembly for private development. — --Allow for a hotel -conference center designed to meet the demands for transient housing in downtown Iowa City, and to be readily accessible to commercial and office activity, the University of Iowa campus, and the medical complex. 203 me --Provide for the restricting of College Street from Clinton Street to Linn Street in order to 'facilitate pedestrian circulation, to allow for emergency vehicles, and to allow for goods delivery where no alternate access is available. --Provide for the restricting of Washington Street from Capitol Street to Clinton Street to be designed with emphasis on transit and pedestrian traffic, but allowing limited automobile traffic if possible. --Provide for the development of a new public library at the 1 intersection of College and Linn Streets. University Area Area 2 I � i w The development of this area should: --Provide sites for the orderly establishment and expansion of ithe State University of Iowa: such uses north of Burlington Street to be limited to classroom teaching and research facilities, faculty offices, and academic support facilities such as library, museum, student and administrative services. Uses south of Burlington Street are limited to those uses permitted north of Burlington Street, research facilities. and auxiliary facilities such as off-street parking, physical plant, services, and --Provide for the closing of College Street between Madison and Capitol Streets in order to facilitate pedestrian circulation. --Provide for an internal pedestrian circulation network to be constructed largely on the closed right-of-way of College Street. --Provide for reinforcement of the linear quality of the Capitol Street pedestrian way and its axial view to the Old Capitol Building by use of strong, dominant University buildings and appropriate tree planting. --Provide for multi-level development which utilizes the sloping — topography between Capitol and Madison Streets. --Restrict building height to a maximum of eight stories, with landscaped set -backs to be guided by existing University development to the north. --Provide for consolidated off-street loading and service facilities wherever practicable, access to be provided from i screened service alleys or courts. C20 I N -9- Central Business Service Area Area 3 The development of this area should: --Provide for the orderly expansion of the central business district by permitting such activities as retail, office, and multi -family residential uses. --Provide for the expansion or development of auto -oriented activities. _- --Provide space for either surface orstru ture arkingngto ssuch the needs for employer and employee long-term parkper relationship to Burlington Street and parking to be in pro the established traffic pattern, so as to divert traffic from residential streets. --Provide for consolidation of off-street tloadino be andided service facilities wherever practicable; -ste from screened public source alleys or courts. e of parcels of -lesside thano15 up 0 square to pfeet; and upt lot toBO percent all tc coverage an ratio lofparcelsup to two larger than the development 00 square area.feet; and a floor ^j --Provide for the closing of Capitol Street from Burlington Street to Court Street in order to permit land assembly for private development. C. Initiation and Duration of Land -Use Provision and Re uirements The above -stated land -use objectives, provisions and requirements shall be in full force and effect for rovalriodtof 25 Urbnyears from l the date of original City Council app year periods Plan and shall automatically extend for five y thereafter, unless changed by the City Council. d. A ncaoin� to Rea roperty not to a cquired Every effort will be made by theCityo Iowa City to requirements real the above land -use objectives, provisions, property not to be acquired. These objectives,provisions, and P the clearance reu areaiwhich tshall is notto bebe aacquiredewh n to property he ein own r thereof acquires project land. 02,03 i N BUZ D. PROJECT PROPOSALS 1. Land Acquisition a. Property Proposed to be Acquired The real property to be acquired in the City University Project area is identified on Land Acquisition Plan Map, Exhibit R -213D1. Properties are identified for acquisition for the following purposes: (1) To remove buildings which are structurally substandard. (2) To remove buildings,other than buildings which are structur- ally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to, the following: (a) Inadequate street layout. (b) Incompatible uses or land -use relationships. (c) Overcrowding of buildings on the land. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facili- ties facilities oand inper laccordance witationship to h accepted design criteriaect demand forfor such facilities. (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and objec- tds ano allives thist UrbanowRenewalnew construction Plan. Acquisit Acquisition the uch basically sound buildings will take place only when the objectives of this Urban Renewal Plan cannot be met through rehabilitation. (5) To purchase vacant land in order to assemble land into parcels of adequate size and shape to meet contemporary devetionitommeetnthesand obj ctivesdofdthisdto allow Urban Renewal wconstruc- tion b. Conditions Under Which Property not Designated for Acquisition Property not designated for acquisition may be acquired by the cityUrbanoRenewalf Iowa C Plan, Properif such ty Rehabilitationis not made t o the Standards, andl cal ao3 .a I �I i N BUZ D. PROJECT PROPOSALS 1. Land Acquisition a. Property Proposed to be Acquired The real property to be acquired in the City University Project area is identified on Land Acquisition Plan Map, Exhibit R -213D1. Properties are identified for acquisition for the following purposes: (1) To remove buildings which are structurally substandard. (2) To remove buildings,other than buildings which are structur- ally substandard, in order to effectively remove blighting influences which are exerted on the area. Such blighting influences include, but are not limited to, the following: (a) Inadequate street layout. (b) Incompatible uses or land -use relationships. (c) Overcrowding of buildings on the land. (d) Excessive dwelling unit density. (e) Obsolete buildings not suitable for improvement or conversion. (3) To provide sites for needed public improvements or facili- ties facilities oand inper laccordance witationship to h accepted design criteriaect demand forfor such facilities. (4) To clear basically sound and deficient buildings to the extent necessary to assemble land into parcels of adequate size and shape to meet contemporary development needs and objec- tds ano allives thist UrbanowRenewalnew construction Plan. Acquisit Acquisition the uch basically sound buildings will take place only when the objectives of this Urban Renewal Plan cannot be met through rehabilitation. (5) To purchase vacant land in order to assemble land into parcels of adequate size and shape to meet contemporary devetionitommeetnthesand obj ctivesdofdthisdto allow Urban Renewal wconstruc- tion b. Conditions Under Which Property not Designated for Acquisition Property not designated for acquisition may be acquired by the cityUrbanoRenewalf Iowa C Plan, Properif such ty Rehabilitationis not made t o the Standards, andl cal ao3 -11 - codes and ordinances, or if the acquisition of such property is necessary for one or more of the purposes set forth in Paragraph D.1.(a) of the Urban Renewal Plan. Dr Properties presently designated for acquisition in the Urban Renewal Plan and which are not otherwise necessary to accomplish the objectives of this Urban Renewal Plan may be exempted from acquisition by the City of Iowa City if the owner or owners enter into suitable agreements with the City demonstrating conclusively that the proposed redevelopment of such property,or the rehabili- tation of the building situated thereon, conforms in all respects with the design objectives, land -use provisions, and Property -' Rehabilitation Standards of this Urban Renewal Plan. Properties presently designated for acquisition in the Urban Renewal Plan may be delegated at any time, without entering into any agreement with the owner(s), if such deletion is determined by the governing body of the Local Public Agency to be in the best interest of the Project. 2. Rehabilitation and Conservation I a. The Urban Renewal Plan has set forth specific planning proposals which will improve the environment in the Project Area and encourage the physical rehabilitation of buildings designated to remain. b. A continuous and vigilant enforcement of existing laws, codes, ordinances, and regulations of the City of Iowa City and the State of Iowa will be in effect and in force within the City University Project Area (Iowa R-14). These include, but are not limited to: Zonina Ordinance - adopted July, 1962, as subsequently amended. Minimum Housing Standards - adopted March, 1957, as subsequently - amended. Uniform Buildin Code, International Conference of Building _ Of icia s, as modified, adopted July, 1956, as subsequently amended. TheNational Electrical Code; National Fire Protection Associa- - tion, as modified, adopted January, 1970, as subsequently amended. Plumbing Code, adopted October, 1957, as subsequently amended. Fire Protection and Fire Prevention Codes including the Uniform Fire Code; International Conference o Building Officials, as modified, adopted July, 1962, as subsequently amended. '203 Ott Subdivision Regulations, adopted January, 1964, as subsequently amended. Signs and Billboards Ordinance, (see Zoning Ordinance). Garbage and Refuse Code, adopted April, 1953, as subsequently amended. Industrial Revenue Bond Policy, adopted October, 1980, and subsequent I y amended. City Plaza Ordinance, adopted May, 1978, as subsequently amended. c. Structures which do not meet applicable codes and ordinances and whose owners refuse to bring, or are incapable of bringing, them into compliance, may be acquired by the City of Iowa City. Upon the acquisition of such property, the City of Iowa City may sell such property to a private purchaser(s) at its fair market value, subject to its being rehabilitated to the Property Rehabilitation Standards, or the City of Iowa City will demolish the structure(s) thereon and dispose of the land, in accordance with the Urban Renewal Plan, at its fair market value to a developer for redevelopment. id. There will be no acquisition of parcels for the purpose of demonstrating the kinds and methods of rehabilitation suitable for this area. e. The standards for the rehabilitation of all existing structures - to remain in the project area are the achievement of not less than the minimum Property Rehabilitation Standards established for this project. Subject standards include applicable provi- sions of existing local codes and ordinance, as heretofore identified. In addition to the requirements of applicable codes and ordi- nances, the following specific requirements shall be in effect as Property Rehabilitation Standards for the City -University Urban Renewal Project. The provisions of local codes and ordinances will be enforced as the basic rehabilitation standards for the project area. In addition, the following standards have been incorporated into the Urban Renewal Plan as minimum requirements for properties remaining in the project: (1) Non -Residential Rehabilitation Requirements -- Premises Improvement and Maintenance (a) Exterior Public Areas _ All public walks, steps, porches, drives, and parking areas, for convenient all-weather access shall be so constructed and maintained as to assure safety and ,2o3 -13— reasonable durability. If any such area by virtue of its state of repair constitutes a danger to health or safety, it shall be replaced. (b) Enclosure of Storage All storage, except permitted "limited" display, shall be in completely enclosed buildings or obscured from public view by a solid fence or wall not less than eight (8) feet in height. "Limited" display shall be construed to mean immediate inventory goods or products intended for sale an the premises and necessary for sales stimulation. (c) Surfaces and Store Fronts .Except where essential to the architectural design of the building, all exposed surfaces with unsightly appearance shall be painted or otherwise treated to retard deterioration and improve the appearance. (d) Overhanging Structures All canopies, marquees, signs, metal awnings, exterior stairways, fire escapes, standpipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair and be properly anchored; and they shall be protected from the elements and against decay and rust by the periodic application of weather -coating material such as paint or other protective treatment. The use of combustible plastics in signs and other advertising devices shall be limited to letters and decorations (not structure or structural trim). All deteriorated overhanging structures shall be removed or so repaired as to ensure adequate anchor- age. (e) Windows All windows exposed to public view shall be kept clean and in a state of good repair. No storage of materi- als, stock, or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view by drapes, venetian blinds, or other rendering of such windows opaque to public view. All screening of interiors shall be maintained, clean and in good state of repair. (f) Air -Conditioning -- Outside Elements All air conditioners and heating units shall be maintained in a safe mechanical and electrical condi- tion. 203 W ` � , I ' I s ra +. t -13— reasonable durability. If any such area by virtue of its state of repair constitutes a danger to health or safety, it shall be replaced. (b) Enclosure of Storage All storage, except permitted "limited" display, shall be in completely enclosed buildings or obscured from public view by a solid fence or wall not less than eight (8) feet in height. "Limited" display shall be construed to mean immediate inventory goods or products intended for sale an the premises and necessary for sales stimulation. (c) Surfaces and Store Fronts .Except where essential to the architectural design of the building, all exposed surfaces with unsightly appearance shall be painted or otherwise treated to retard deterioration and improve the appearance. (d) Overhanging Structures All canopies, marquees, signs, metal awnings, exterior stairways, fire escapes, standpipes, exhaust ducts, and similar overhang extensions shall be maintained in good repair and be properly anchored; and they shall be protected from the elements and against decay and rust by the periodic application of weather -coating material such as paint or other protective treatment. The use of combustible plastics in signs and other advertising devices shall be limited to letters and decorations (not structure or structural trim). All deteriorated overhanging structures shall be removed or so repaired as to ensure adequate anchor- age. (e) Windows All windows exposed to public view shall be kept clean and in a state of good repair. No storage of materi- als, stock, or inventory shall be permitted in window display areas or other areas ordinarily exposed to public view by drapes, venetian blinds, or other rendering of such windows opaque to public view. All screening of interiors shall be maintained, clean and in good state of repair. (f) Air -Conditioning -- Outside Elements All air conditioners and heating units shall be maintained in a safe mechanical and electrical condi- tion. 203 i i 14 - All exterior air conditioners which are installed and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk. (g) Site Improvements open space shall be so designed and located as to: (1) provide for the immediate diversion of water away from buildings and disposal of the lot; (2) prevent soil Ii saturation detrimental to structures and lot use; and (3) provide appropriate paved walks, parking areas, ,a driveways, steps, landscaping. All unpaved areas shall be provided with vegetation or other suitable cover to prevent erosion and improve appearance. Bushes, shrubs, trees, and grass shall be i� trimmed when necessary and removed when dead. ,. All fences and retaining walls shall be kept in good structural repair, removed, or replaced. All fences shall be periodically treated with chemicals or paints so as to retard deterioration and improve the appear- ance. All deteriorated accessory buildings shall be removed or rehabilitated. All accessory buildings to remain shall provide usable space and shall not harbor rodents, termites or other vermin. All unsightly alleys, rears of buildings, or other areas which may have a deteriorating effect on sur- rounding properties or public areas shall be screened from view by a fence, wall, or compact shrubbery, at least 50% opaque between two feet and seven feet above ground level. (2) Rehabilitation Requirements for Dwelling Units (a) Sewage Disposal _ All plumbing fixtures shall be drained to an approved sewage drainage system connected to a public sewer or - other approved system. Substances which will clog pipes, produce explosive mixtures, destroy pipes or their joints, or interfere with disposal process shall not be discharged into the system unless provided with approved intercepting devices. Each fixture shall be equipped with a water seal trap. ,203 i 14 - All exterior air conditioners which are installed and operated directly over a public sidewalk shall be equipped with proper devices for the prevention of condensation drainage upon the sidewalk. (g) Site Improvements open space shall be so designed and located as to: (1) provide for the immediate diversion of water away from buildings and disposal of the lot; (2) prevent soil Ii saturation detrimental to structures and lot use; and (3) provide appropriate paved walks, parking areas, ,a driveways, steps, landscaping. All unpaved areas shall be provided with vegetation or other suitable cover to prevent erosion and improve appearance. Bushes, shrubs, trees, and grass shall be i� trimmed when necessary and removed when dead. ,. All fences and retaining walls shall be kept in good structural repair, removed, or replaced. All fences shall be periodically treated with chemicals or paints so as to retard deterioration and improve the appear- ance. All deteriorated accessory buildings shall be removed or rehabilitated. All accessory buildings to remain shall provide usable space and shall not harbor rodents, termites or other vermin. All unsightly alleys, rears of buildings, or other areas which may have a deteriorating effect on sur- rounding properties or public areas shall be screened from view by a fence, wall, or compact shrubbery, at least 50% opaque between two feet and seven feet above ground level. (2) Rehabilitation Requirements for Dwelling Units (a) Sewage Disposal _ All plumbing fixtures shall be drained to an approved sewage drainage system connected to a public sewer or - other approved system. Substances which will clog pipes, produce explosive mixtures, destroy pipes or their joints, or interfere with disposal process shall not be discharged into the system unless provided with approved intercepting devices. Each fixture shall be equipped with a water seal trap. ,203 r ; 1 1 i I ' -15- Adequate circulation of air shall be provided for in all vent piping to avoid the loss of trap seal. Vent terminals shall be maintained so as to minimize clogging, frost closure, return of foul air, or nuisance to neighbors. Adequate air breaks shall be provided in sanitary drains to prevent contamination from sewage backup. (b) Fixture Conditions Complete bathing and sanitary facilities shall be provided within each dwelling unit, consisting of a water closet, a tub or shower, or a lavatory. There shall be provided an adequate supply of hot water to the tub or shower stall and lavatory, and cold water to all fixtures. Arrangement of fixtures shall provide for the comfortable use of each fixture and permit at least a 90 degree door swing. Wall space shall be available for a mirror or medicine cabinet and for towel bars. The bathtub shall not be less than four feet, six inches long. Shower, if provided, should have a least dimension of not less than 30 inches. all fixtures shall be located and spaced for reasonable accessibility and should be of smooth, non-absorbent surfaces. (c) Doors and Access Openings (Exterior) Existing doors in sound condition and to remain should approximate in size the following, and the minimum size of new doors in new openings shall be: Width Height Main Entrance Door 3'011* 61611 Service Doors 21611 61611 *Where serving 5 or more dwelling units - 314" minimum. Where new doors are installed in acceptable existing door openings, the doors should approximate the sizes given above. All exterior doors shall have safe locks. (d) Doors and Access Openings (Interior) A door shall be provided for each opening to a bedroom, bathroom, or toilet compartment. Doors to bathrooms and toilet compartments shall be hinged or sliding and shall have locks. .203 H -16- Existing doors in sound conditions and to remain shall approximate in size the following, and minimum size of new doors installed in new openings shall be: 1-a. Habitable rooms, 2'6" wide. 1-b. Bathrooms, toilet compartments and closets other than linen and broom, 2'0" wide. 1-c. Service stair doors, 2'6" wide. 1-d. Cased openings, 2'6" wide. 1-e. To public stairway enclosures, single door = 3'0" wide; double door = 2'4" wide. 1-f. Height of all interior doors, 6'6". Where new doors are installed in acceptable existing openings, the doors should approximate the sizes given above. (e) Closet Space Clothes closet space shall be provided within each living unit on the basis of approximately 12 sq. ft. for the first bedroom plus 6 sq, ft. for each addi- tional bedroom. The space provided should be, if possible, divided into separate closets serving each bedroom and having one closet located so as to open directly from a hall or living or dining room. None of the minimum clothes closet space shall be located within the kitchens. Where separate closets for each existing bedroom area not possible, a closet elsewhere within the dwelling unit is acceptable provided the minimum area is obtained and is reasonably accessible to the bedroom. Clothes closets shall have a shelf and rod. Within each dwelling unit, a total shelf area or built-in drawer space of at least eight sq. ft. should be provided for linens. This space should be appropri- ately increased for dwelling units having three or four bedrooms. (f) Light and Ventilation Habitable Rooms All habitable rooms, except kitchens, shall have natural light, provided by means of windows, glazed doors, or skylights. A glass area of at least 10 percent of the floor area shall be provided for new or remodeled rooms, or other spaces. Existing rooms not disturbed in the rehabilitation shall have a glass area not appreciably below a total of 10 percent of the floor area. ,203 1 ,I I H -16- Existing doors in sound conditions and to remain shall approximate in size the following, and minimum size of new doors installed in new openings shall be: 1-a. Habitable rooms, 2'6" wide. 1-b. Bathrooms, toilet compartments and closets other than linen and broom, 2'0" wide. 1-c. Service stair doors, 2'6" wide. 1-d. Cased openings, 2'6" wide. 1-e. To public stairway enclosures, single door = 3'0" wide; double door = 2'4" wide. 1-f. Height of all interior doors, 6'6". Where new doors are installed in acceptable existing openings, the doors should approximate the sizes given above. (e) Closet Space Clothes closet space shall be provided within each living unit on the basis of approximately 12 sq. ft. for the first bedroom plus 6 sq, ft. for each addi- tional bedroom. The space provided should be, if possible, divided into separate closets serving each bedroom and having one closet located so as to open directly from a hall or living or dining room. None of the minimum clothes closet space shall be located within the kitchens. Where separate closets for each existing bedroom area not possible, a closet elsewhere within the dwelling unit is acceptable provided the minimum area is obtained and is reasonably accessible to the bedroom. Clothes closets shall have a shelf and rod. Within each dwelling unit, a total shelf area or built-in drawer space of at least eight sq. ft. should be provided for linens. This space should be appropri- ately increased for dwelling units having three or four bedrooms. (f) Light and Ventilation Habitable Rooms All habitable rooms, except kitchens, shall have natural light, provided by means of windows, glazed doors, or skylights. A glass area of at least 10 percent of the floor area shall be provided for new or remodeled rooms, or other spaces. Existing rooms not disturbed in the rehabilitation shall have a glass area not appreciably below a total of 10 percent of the floor area. ,203 ' I — f i I B o. -17- An acceptable means of natural ventilation shall exist or be provided for all habitable spaces, except that for kitchens a mechanical ventilation system may be substituted. A ventilation area of 4 percent of the floor area of the space shall be provided. Artificial light shall be provided and so distributed as to assure healthful and sanitary conditions in all rooms or spaces. An interior room not having its own source of natural light and ventilation is acceptable only where the room is adjacent to an outside room which has adequate natural light and ventilation, calculated on the basis of the combined floor area of the two rooms has a clear horizontal opening approximately 6 feet wide. The interior room shall not be a bedroom. Kitchens Artificial light shall be provided, and distributed so as to give effective illumination throughout. Ventilation shall be provided by natural means in amounts as calculated for habitable rooms and not less than 3 sq. ft., or by mechanical ventilation. Where a kitchen is not separated from the living room by partitions and door or permanent screen, mechanical ventilation•shall be provided for the kitchen. Bathrooms and Toilet Compartments Artificial light shall be provided. Ventilation shall be provided by natural means in amounts as calculated for habitable rooms and not less than 1-1/2 sq. ft., or by mechanical ventilations or by gravity -type ventilation equipped with a winddriven roof ventilator above the roof level. Public Spaces General Adequate artificial light shall be provided for all public spaces. Public Entrance Spaces to Building a. All public entrance space should have natural light provided by window, doorway or equivalent glass area of at least 10 percent of the floor area. .7-6.3 _18- b. Either natural ventilation of at least 4 percent of floor area or mechanical ventilation shall be provided. Public Hallways and Stairways a. Public hallways and unenclosed stairways shall be provided with either natural ventilations (at least 4 percent of floor area) or mechanical ventila- tion. b. Where dependence is placed upon natural light for daytime use of hallways or unenclosed stairways, windows, skylights or the equivalent shall be provided containing at least 10 sq. ft. of glass area, or its equivalent, for each floor so served. c. Enclosed stairways shall be ventilated by a mechanical or gravity system to provide approxi- mately 4 air changes per hour. Habitable Rooms of Living Units Below Grade For habitable rooms below grade, the depth of the finish floor below its adjacent outside grade level shall not exceed 4 ft. 0 in. Natural light and ventilation standards for habitable rooms above grade shall apply. Ventilation of Utility Spaces Utility spaces which contain heat producing, air conditioning and other equipment shall be ventilated to the outer air, and air from such spaces shall not be recirculated to other parts of the building. Ventilation of Structural Spaces Natural ventilation of spaces such as attics and enclosed basementless spaces shall be provided with openings of sufficient size to overcome dampness and minimize the effect of conditions conducive to decay and deterioration of the structure, and to prevent excessive heat in attics. All exterior ventilation openings shall be effectively and appropriately screened where determined needed by the City of Iowa City. 3. Redeveloper's Requirements The Redeveloper will be required by contractual agreement to observe the Land -Use and Building Requirements and General Design Objectives of this Urban Renewal Plan. The contract and other disposition documents will set forth in detail the provisions, standards, and '20 3 I I i ` ' I — I I _18- b. Either natural ventilation of at least 4 percent of floor area or mechanical ventilation shall be provided. Public Hallways and Stairways a. Public hallways and unenclosed stairways shall be provided with either natural ventilations (at least 4 percent of floor area) or mechanical ventila- tion. b. Where dependence is placed upon natural light for daytime use of hallways or unenclosed stairways, windows, skylights or the equivalent shall be provided containing at least 10 sq. ft. of glass area, or its equivalent, for each floor so served. c. Enclosed stairways shall be ventilated by a mechanical or gravity system to provide approxi- mately 4 air changes per hour. Habitable Rooms of Living Units Below Grade For habitable rooms below grade, the depth of the finish floor below its adjacent outside grade level shall not exceed 4 ft. 0 in. Natural light and ventilation standards for habitable rooms above grade shall apply. Ventilation of Utility Spaces Utility spaces which contain heat producing, air conditioning and other equipment shall be ventilated to the outer air, and air from such spaces shall not be recirculated to other parts of the building. Ventilation of Structural Spaces Natural ventilation of spaces such as attics and enclosed basementless spaces shall be provided with openings of sufficient size to overcome dampness and minimize the effect of conditions conducive to decay and deterioration of the structure, and to prevent excessive heat in attics. All exterior ventilation openings shall be effectively and appropriately screened where determined needed by the City of Iowa City. 3. Redeveloper's Requirements The Redeveloper will be required by contractual agreement to observe the Land -Use and Building Requirements and General Design Objectives of this Urban Renewal Plan. The contract and other disposition documents will set forth in detail the provisions, standards, and '20 3 i N -19- ,203 criteria for achieving the objectives and requirements outlined in the Urban Renewal Plan. The City of Iowa City will select redevel- opers on the basis of their proposals, their ability to carry out the to the Urban — such proposals, and the conformance of proposals Renewal Plan. This may be through fixed price offerings, minimum price offering, or by other means which, in the determination of the the attainment of the development City of Iowa City, will best assure and design objectives of this Urban Renewal Plan, in accordance with State and Federal law. ^ Deposition documents will provide for achieving the unified develop- walks, utili- ment and maintenance of common areas, service access, ties, and driveways. In addition, the following provisions will be included in each Agreement: i a. That the Redeveloper will submit to the City of Iowa City a plan and schedule for the proposed development. b. That the purchase of the land is for the purpose of redevelopment i and not for speculation. c. That the land will be built upon and improved in conformity with ithe objectives and the provisions of the Urban Renewal Plan. d. That the construction of improvements will be commenced and - completed within a reasonable time. e. That the Redeveloper and successor or assign agree that there will be no discrimination against any person or group of persons origin, or on account of race, creed, color, sex, national ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the premises therein conveyed, nor will claiming under or through the the Redeveloper, or any Redeveloper, establish or permit such practice or practices of discrimination or segregation with reference to the selection, therein conveyed. leases, subleases, or vendees in the premises - 4. Underground Utilities -" Existing and proposed utility distribution lines shall be placed _ underground wherever feasible. E. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REpUIREMENTS — Chapter 403 of the 1975 Code of Iowa, as amended, authorized cities to for the exercise "urban renewal project powers and certain other powers of blighted areas. Certain provisions rehabilitation and redevelopment be in to ese powers. by theemethodeofhsatisfying thehese requirementtents re followedder underlined,led areto ,203 1 1 I ,I i 9 -20- 1. Resolution of Necess ist in a Combination lhereor is necessary. The Resolution of Necessity was adopted by the City Council on September 2, 1969. 2. Resolution Determining that the Urban Renewal Project Area is a Slum nr Rlinhtarl area nr a fnmh inatinn Thereof and Aoorooriate far an The Resolution designating the area as a slum or blighted area and appropriate for an Urban Renewal Project was passed by the City Council on September 2, 1969. 3. A General Plan for the Municipality This constitutes that Comprehensive Plan and Comprehensive Plan Upate for the City of Iowa City as adopted by the City Council. The General Plan is continually under review, with updating of major plan elements on a systematic basis. The Workable Program for Community Improvement was most recently certified on June 1, 1973. 4. Planning Commission Recommendations as to Conformity of the Urban Renewal Plan with the General P an. The Planning Commission recommendations were forwarded to the City Council on September 5, 1967. 5. Public Hearing on the Urban Renewal Project After Public Notice Public Hearings pursuant to State and local law were held on Septem- ber 23, 1969, May 1, 1973, September 21, 1976, and May 10, 1977, August 14, 1979, and July 31, 1984. 6. Approval of the Urban Renewal Project by the Local Governing Body a. A feasible method exists for relocating families All families and individuals from the area will be offered decent, safe and sanitary accommodations within their means and without undue hardship to such families. b. The Urban Renewal Plan conforms to the general plan of the municipality The Urban Renewal Plan conforms and follows from the Comprehen- sive Plan and Comprehensive Plan Update of the City of Iowa City. The Resolution approving of the Urban Renewal Project was passed by the City Council on October 2, 1969. ao3 R -21- F. PROCEDURE FOR CHANGES IN THE APPROVED URBAN RENEWAL PLAN If the City desires to modify this plan, it may do so after holding a public hearing on the proposed change in accordance with applicable State and local Lay. Any change affecting any property or contractual right can be effectuated Land Acquisition Plan I I I Prepared By: City -University Project Department of Project Number Iowa R-14 Community Development City of Iowa City, Iowa 1972 Exhibit I2 -213-D1 M ! Legend Block Number Parcel Number 0 Rights -of -Way Vacated Parcels To Be Acquired Project Boundary Not To M Acquired N PROPOSED LAND USE SURLINOTOM ST. : Ir ' Y._. .._..... I� .. M■o■■■ ■ ■■■■1 f■■■■■■I .Mono= MONO■ ■�1■■■■1 i■■■■■■ 1 1 ...� nnoon■ ■ ■■■■{ 1■■■■■■ GNN■N■ ■■■N■■1 f■■■■■■ NNN■N■ Oman at I■■■■■■ SYN■■N ■YYY■■1 fYl■u■ C■N■■ENRON ■ •w�lAq�l I�IIIII■AAA SNN■■■ YYrY�Y111�I1rtl�tf�tfl .�.e_e >1N■■Y■ ■■■■■■INI■■■■■■ AHEARN minor■ Noonan[ lo■onE■ GNOMON NN■■■■I 1■■■■■■ mammon iiii LAND DISPOSITION PLAN I I I WASHINGTON ST �. H /iJMr'7�ii COLLEG ST 0 [,.N, O /// 0 H BURLINGTON ST y H 0 •�i iii i 0 N y 0 Iii. LEGEND BLOCK NUMBER PARCEL NUMBER OISPOS. PARCEL City -University Project Project Number R-14 City of Iowa City July 1984 CITY OF . IOWA CITY CHIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 Ladies and Gentlemen: The City of Iowa City is pleased to submit to you the attached packet of materials relating to the redevelopment of Parcel 65-2b in downtown Iowa City. The City is seeking a responsible developer to undertake the construction of an office/commercial development on Parcel 65-2b. This packet contains detailed information concerning the redevelopment parcel and the forms necessary for proposal submission. If you have any questions with respect to the enclosed materials, please contact: Patt Cain Associate Planner -Economic Development Dept. of Planning and Program Development City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 (319)356-5235 Thank you for your interest in Iowa City's redevelopment. Sincerely yours, Neal G. Berlin City Manager /sp a0 i j i i I i i CITY OF . IOWA CITY CHIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 Ladies and Gentlemen: The City of Iowa City is pleased to submit to you the attached packet of materials relating to the redevelopment of Parcel 65-2b in downtown Iowa City. The City is seeking a responsible developer to undertake the construction of an office/commercial development on Parcel 65-2b. This packet contains detailed information concerning the redevelopment parcel and the forms necessary for proposal submission. If you have any questions with respect to the enclosed materials, please contact: Patt Cain Associate Planner -Economic Development Dept. of Planning and Program Development City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 (319)356-5235 Thank you for your interest in Iowa City's redevelopment. Sincerely yours, Neal G. Berlin City Manager /sp a0 i IPROPOSAL EVALUATION CRITERIA I. Development Plan A. Compatibility with standards, objectives and controls set forth in the Urban Renewal Plan and disposition documents. I B. Quality and creativity of the proposed development. C. The probability of achieving market acceptance. 0. The timeliness of the proposed construction schedule. I E. The price offered and terms. j F. Potential tax return to the City. ,.j II. Developer's Experience and Qualifications A. The success of previous development efforts and/or the operation Of facilities of a similar nature as envisioned in this solici- tation. B. Public acceptance of previous developments, in terms of design, timing of work, and functional relationships. C. Reputation with regard to character, integrity, judgement, and competence. D. Demonstrated ability to work with the public sector. III.Implementation Ability I A. Experience of the principals and key staff, who will be involved in Iowa City, in carrying out projects of a similar scale and character. B. Availability of sufficient financial resources to assume the necessary development and managerial responsibilities, including the availability and liquidity of working capital and required equity. i ,. I u WA59lN6TDN STREET 3 M `r O ° PAUEL 66 to blry PLAZf} IL SB9^45134 b^I N $OSWOF-n+ BUILDING �-00q. CaRNER PARCEL 65-26 ?AUL He LEN BUILDIN( POINToF DrrINN IN4 ,eC BLDq."KNEF e9' 30 W Lbd 77 F _ L N bN FA BL 10.3 1 j ro ;'m X52„E ° 0 B LDCs• CORNER Commencing at the Northwest Corner of Lot 4, Block 65, of the Original Town of Iowa City, Iowa, according to the recorded Plat thereof; Thence N 90°-00'-00” E. an assumed bearing, along the Southerly Right -of -Way line of Washington Street, 60.20 feet; then&e S 0 -03'-02" W, 74.04 feet to thg Point of Beginning; thence S 89 -53'-47" E, 20.24 feet; thence S 0 -13'-01" E, 32.32 feet; thence S 88 -30'-55" W, 10.31 feet; thence S 00-22'-52" E, 3.83 feet; thence S 89 -43'-36" il, 10.11 feet; thence N 00-03'-02" E, 36.32 feet to the Point of Beginning. Said por- tion contains 697.19 square feet more or less. �, I i 1 i 1 i i i i i CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II annexed hereto and made a part hereof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the day of , 19 by and between the City of Iowa City, Iowa, a public ody corporate (w is , together with any successor public body or officer hereafter desig- nated by or pursuant to law, is hereinafter called the "City"), established pursuant to the statutes of the State of Iowa pertaining to Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of Iowa as amended (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the City of Iowa City, State of Iowa, and (hereinafter called "Redeveloper and having an office for the transaction of business at . WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City, and in this connection is engaged in carrying out an urban renewal project (hereinafter called "Project") in an area (hereinafter called the "Project Area") located in the City; and WHEREAS, as of the date of this Agreement there has been prepared and approved by the City an urban renewal plan for the Project, consisting of the Urban Renewal Plan, dated September 3, 1969, by Resolution No. 2157, as armed from time to time and as it may hereafter be further amended pursuant to law (as so constituted is, unless otherwise indicated by the context, hereinafter called "Urban Renewal Plan"), and WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agreement has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 723, at page 156, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and WHEREAS, in order to enable the City to achieve the objectives of the Urban Renewal Plan and particularly to make the land in the Project Area ava17a a ored—velopment by private enterprise for redevelopment in accor- dance with the Urban Renewal Plan, both the Federal Government and the City have undertakento provi e—anT—have provided substantial aid and assistance through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government; and WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has offered to sell and the Redeveloper is willing to purchase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and made a part hereof (which property as so I-1 RM WHEREAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agreement, are in the vital and best interests of the City and health, safety, morals, and welfare of its residents, and in accord with the public purposes and provisions of the applicable Federal, State, and local laws and requirements under which the Project has been undertaken; and WHEREAS, the City has acquired title to certain property described in Schedule A hereof: NOW, THEREFORE, in consideration of the premises and the mutual obliga- tions of the parties hereto, each of them does hereby covenant and agree with the other as follows: SECTION 1. SALE: PURCHASE PRICE Subject to all terms, covenants, and conditions of the Agreement, the City will sell the property described in Schedule a hereof to the Redeveloper for, and the Redeveloper will purchase the property from the City and pay therefor, the amount set forth in Schedule B hereof, subject to the terms and conditions of Section 2 of this Agreement. The amount set forth in Schedule B, hereinafter called "Purchase Price," is to be paid in cash or by certified check simultaneously with the delivery of the deeds conveying the property to the Redeveloper. SECTION 2. CONVEYANCE OF PROPERTY (a) Form of Deed. The City shall convey to the Redeveloper title to the property Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subse- quently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restrictions set forth or referred to elsewhere in the Agreement, be subject to: (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future edicatlon or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph instal- lations, rights-of-way and access, or as described or referred to in Schedule A, description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and Part II of this Contract. (b) Time and Place for Delivery of Deeds. The City shall deliver the Deed and possession of the property to the Redeveloper upon payment of the purchase price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal office of the City and the Redeveloper shall accept such conveyance and pay to the City at such time and place the purchase price in full for each parcel delivered. I-2 03 Recording of Deeds. The Redeveloper shall promptly file the Deed (c) among the land records of Johnson Co said Deed. This for recording g all costs for so recording Redeveloper shall pay Upon said recorded Contract for the Johnson for o Privatety R er'seloffice,shalU also e the real property herein describedawshalFurther, u be the deemed recording, Iowaro ert tax taxable real estate undetorp all such property taxes from Redeveloper shall be responsible the date of recording this Contract of Sale of Land for Private parties agree that said taxes will be pro -rated between Redevelopment. In the event legal title is not delivered e e Redeveloper, p between applicable date of possession the Redeveloper and the City iration of this Contract. and the date of termination or exp will furnish to the Redeveloper le (d) Deliver of the Abstract. Thoe^Cthe parcel, an abstract of title in advance of the closing y y Iowa, as showing good marketable assessmentstitle in eor other f encumbrances except and clear of all taxes, to the herein specified. The title shall company exp. and will be certified by a q date prior to the date of close of business as atnc�e closest pcosti of obtaining an attorney's the deed of convey inion and/or the cost of examination of the abstract fforegt title opinion be at the expense of obtaining title insurance, the Redeveloper. (e) Delivery of Property. The City will deliver the property described a for and accept title of such property as in Schedule A hereof at the time set forth in Schedule C hereof. The Redeveloper agrees to pay d agrees .i f called beginorinthis development called for in this Agreement an promptly on the property conveyed hRedeveloerhetoi pay forand Agreement. Failure by ult delivery of the urban renewal land asfor thee1City llbyesthe in forfeiture of the deposits P sit without limiting the City Redeveloper attributable to such prop Y� theed called for in Schedule C to the as to other remedies against the Redeveloper. In the event the City is unable to deliver the property tion of rescinding the Redeveloper, the Redeveloper aus ng shall a writtenenotice to be served upon development contract by tion. Upon receipt by the City the City of the exercise ofc have sixty (60) days to cure de the this notice, the City shall default by tendering the property covered in the notice to the sixty(60) days as provided herein, the Redeveloper shall, at its Redeveloper. If the City is unable to cure the default within the arcel stand relieved of its obligation to acct the refund the opinion, shall, in such event, promptly involved and the City deposit, referred to in Sectshall haveion 3 no Redeveloper's good faith reed that the City It is expressly understood and re er as called other liability, direct or indirect, to the Redeveloper on account alle of delay or inability to deliver land to the remeRededy event of for in this Agreement and the Redeveloper's remedylad default by the City in delivery o urbantractwal to n such sland eas specifically limiteedtorescinding provided in this paragraph. g P I-3 ao3 (f) Default b Develo er. In the event the Redeveloper fails to accept de ivery of and pay for the property described herein, as called for in this Agreement, the City may, at its option, call the entire Agreement in default, serve a proper notice of forfeiture upon the Redeveloper, and terminate this Agreement in its entirety. (g) Condition Precedent to Conveyance. The City's obligation to convey to the Redeveloper title to the property described herein is subject to the condition precedent concerning financing as set forth in Schedule C hereof. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount.of Five Hundred Dollars ($500.00), in which the City is the obligee, issued by , a surety company regularly engaged in the issuance of such undertakings and on the list of survey compa- nies approved by the United States Treasury for at least such amount, or cash, or a certified check satisfactory to the City in the amount of Five Hundred Dollars ($500.00), hereinafter called "Deposit," as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, as the case may be, in accordance with the Agreement. The Deposits, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by City. Upon termination of the Agreement as provided in Sections 703 and 704 of Part II hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termina- tion, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. (d) Return to Redeve10 er. Upon issuance of both Certificates of Comp etion as called for in Section 305 of Part II hereof, or upon termination of the Agreement as provided in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City. I-4 ao3 SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof. [Here insert appropriate language concerning access to the alley of Block 65 and design considerations for abutting City property as stated in the prospectus.] SECTION 5. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Construction Plans. The Redeveloper shall submit construction plans as called for in Section 301 of Part II of this Agreement as soon as possible subsequent to the time for conveyance set forth in Schedule C hereof. (b) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by the City, as set forth in Section 301 of Part II of this Agreement, the Redeveloper shall submit corrected plan within thirty (30) days of said rejection. (c) If any hardship shall exist in complying with the foregoing provisions of this Section, the Redeveloper may petition to the City in writing for an extension of time for performance of any part of this Section, setting forth in detail the reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part II hereof, shall remain in effect from the date of the Deed until October 2, 1994, the period specified or referred to in the Urban Renewal Plan, and shall automatically extend for five year periods t erea er, unless changed by the City Council. SECTION 7. NOTICES AND DEMANDS A notice, demand, or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and (i) in the case of the Redeveloper, is addressed to or delivered personally to the Redeveloper at AND I-5 ,z 03 (ii) in the case of the City, is addressed to or delivered personally to the: City Manager Civic Center 410 E. Washington Street Iowa City, Iowa 52240 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION 8. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. SECTION 9. DEPOSIT AND FINANCING FEES FOR INDUSTRIAL REVENUE BONDS Fees will be determined at time of issuance of the Industrial Revenue Bonds. SECTION 10. SUBMISSION OF DETAILED FINANCIAL INFORMATION The Redeveloper shall submit to the City, on or before or upon such earlier or later request of the City, the detailed financial information necessary to support the issuance of industrial revenue bonds and/or for the submission of an application to the Urban Development Action Grant program. I-6 ,203 i P IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its on or as of the day first above written. CITY OF IOWA CITY, IOWA: ATTEST: CITY CLERK BY:MAYOR STATE OF IOWA ) ss: COUNTY OF JOHNSON ) On this day of A.D., 198 before me, a Notary Public duly commissioned and qualified in and for said County and State, personally appeared John McDonald, Mayor of the City of Iowa City, Iowa, and Marian K. Karr, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself/herself acknowledged the execution thereof to be his/her voluntary act and deed for purposes herein expressed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my notarial seal the day and year last above written. i Notary Pub11C in and for County, State of My Commission expires ATTEST: Redeveloper BY: President secretary i I-7 ao3 CORPORATE ACKNOWLEDGEMENT STATE OF ss COUNTY OF On this day of A.D., 19_, before me a Notary Public, in and for said County and State, President, and , Secretary or Treasurer, to , the Corporation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the , President, and , Secretary or Treasurer, of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and sealed on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for County, State of My Commission expires ME ao3 SCHEDULE B PRICE OFFERED PARCEL NO. PRICE j 65-2b t I j i 1 i i SCHEDULE B PRICE OFFERED PARCEL NO. PRICE j 65-2b SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. i 65-2b DATE 9. i o. ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT SECTION 101. DE140LITION AND SITE CLEARANCE. It is agreed that the City shall convey and the Redeveloper shall accept the property set forth in Schedule A of this agreement AS IS and it is expressly agreed that the City makes no warranty, express or implied, regarding subsurface conditions and that the City shall have no liability for any damages arising from subsurface conditions. It is further agreed that any contracts or specifications for site demolition and clearance which may have been examined by the Redeveloper were examined for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. SECTION 102. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeveloper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of-way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. The City reserves the right to make future modifications to the traffic circula- tion system and to the public improvements when such changes are deemed necessary and in the public interest. SECTION 103. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. The Redeveloper hereby waives (as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any and all claims to award of damages, if any, to compen- sate for the closing, vacation, restriction, change of restriction or change of grade of any street, alley, or other public right-of-way within or fronting or abutting on, or adjacent to, the Property which, pursuant to Section 102 hereof, is to be closed or vacated, or the grade of which is to be changed, and shall upon the request of the City subscribe to, and join with, the City in any petition or proceeding required for such vacation, dedication, change of grade, and, to the extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE II. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appropriate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The Redeveloper shall not construct any building or other structure or improve- ment on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (1), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. "203 SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the City to the Recleveloper, the City shall permit representatives of the Redeveloper to have access to any Property to which the City holds title, at all reasonable times for the purpose of obtaining data and making various tests concerning the Property necessary to carry out the Agreement. After the conveyance of the Property by the City to the Redeveloper, the Redeveloper shall permit employees, agents or representatives of the City access to the Property at all reasonable times for the purposes of the Agreement, including, but not limited to, inspection of all work being performed in connection with the construction of the Improvements. No j compensation shall be payable nor shall any charge be made in any form by any party for the access provided for in this Section. ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement, the term "preliminary design plans" shall include a site plan and preliminary plans for Improvements which clearly show the size, location, and external appearance of any structures, along with such other information as is necessary to determine the intentions of the Redeveloper. The term "construction plans" shall mean all plans, specifications, drawings, or other information required to be submitted for issuance of any permit called for by applicable codes and ordinance subsequent to the designation of the Redeveloper. The term "Improvements" as used in this Agreement, shall be deemed to make reference to any buildings, structures, renovations, or other improvements as provided for and specified in this Agreement, preliminary design plans, and construction plans. The Redeveloper shall, prior to the construction of the Improvements called for in this Agreement, submit for approval by the City Council construction plans, and such other information as is necessary for the City Council to determine the intentions of the Redeveloper. Approval of such construction plans by the City Council shall in no way relieve the Redeveloper of the responsibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Follow- ing approval of the construction plans by the City Council, the Redeveloper shall obtain all permits required by applicable City codes and ordinances. All work with respect to the Improvements to be constructed or provided by the Redeveloper on the property shall be in conformity with the preliminary design plans and construction plans as approved by the City Council. SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper desires to make any changes in the construction plans after their approval by the City Council, the Redeveloper shall submit the proposed change to the City Council for its approval. Changes in construction plans as defined herein, may be approved by the Department of Housing and Inspection Services, provided that such changes will not cause the Improvement to be constructed in a manner not consistent with the preliminary design plans as approved by Council. II -2 ozo3 SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS. The Redeveloper agrees for itself, its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part of the Redeveloper for itself and such successors and assigns, that the Redeveloper, and such successors and assigns, shall promptly begin and diligently pursue to completion the redevelopment of the Property through the construction of the Improvements thereon, and that such construction shall in any event be begun within the period specified in Section 4 of Part I hereof and be completed within the period specified in such Section 4. It is intended and agreed, and the Deed shall so expressly provided, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or other- wise, and except only as otherwise specifically provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the City and enforceable by the City against the Redeveloper and its successors and assigns to or of the Property or any part thereof or any interest therein. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improve- ments has been completed, as set forth in Section 305 hereof, the Redeveloper shall make reports, setting forth the status of Improvements, construction schedule, and such other information as may reasonably be requested by the City, as to the actual progress of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accor- dance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an appropriate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the dates for the beginning and completion thereof: Provided, that if there is upon the Property a mortgage insured, or he or owned, by the Federal Housing Administration and the Federal Housing Administration shall have determined that all buildings constituting a part of the Improvements and covered by such mortgage are, in fact, substantially completed in accordance with the plans and are ready for occupancy, then, in such event, the City and the Redeveloper shall accept the determination •of the Federal Housing Administration as to such comple- tion of the construction of the Improvements in accordance with the plans, and, if the other agreements and covenants in the Agreement obligating the Redeveloper in respect to the construction and completion of the Improvements have been fully satisfied, the City shall forthwith issue its certification provided for in this Section. Such certifica- tion and such determination shall constitute evidence of compliance with II -3 0203 or satisfaction of any obligation of the Redeveloper tomane h older fta mortgage , or any insurer of any mortgage, securing Y finance the Improvements, or any part thereof. (b) With respect to such individual parts or parcels of the Property which, if so provided in Part I (Schedule D) hereof, the Redeveloper may convey or lease as the improvements erobe com completiond thereon are OfImprovement so relating the City will also, upon p p P to any such part or parcel, furnish the Redeveloper with an appropriate instrument, certifying that such Improvements relating to any such part or parcel have been made in accordance with the provisionsthat anyof art Agreement. Such certification shall mean and provide pacell)ursuant to the purchasing or leasing such individual part or p P authorization herein contained shall not (because of such purchase or lease) incur any obligation with respect to the construction of the Improvements relating to such part or parcel or to any other part or parcel of the Property; and (2) that neither the City nor any other party shall thereafter have or be entitled to exercise a withcasrofpleaseect � any such individual part or parcel so sold (or, in ri hts or remedies or with respect to the leasehold interest) any g controls that it may otherwise have or be entitled to exercise with respect to the construction of Improvements as called for herein. (c) Each certification provided for in this Section shall be in such form as will enable it to be recorded in the proper office for the recordation uments pertaining to the Property, including the of deeds and other instr refuse or fail to provide any certification in Deed. If the City shall accordance with the provisions r this Section, the City , providethe thirty (30) days after written request by the Redeveloper, p Redeveloper with a written statement, indicating in adequate detail in what respects the Redeveloper has failed tocomplete theism movements in otherwisin accordance with the provisions of the Agreement,inion es or off the City, fort the Redevelopermsutttoacs�takelorbperformait, rder, inht000btain such certification. ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself, and i its successors and assigns, and every successor in interest to the Property, or any part thereof, and the Deed shall contain covenants on the part the Redeveloper for itself, and such successors and assigns, Redeveloper, and such successors and assigns, shall: (a) Devote the Property to, and only to and in accordance with, the uses specified in the Urban Renewal Plan; and b Not discriminate upon the basis of race, color, creed, religion, age, I ( ) rental or in disability, sex or national origin in the sale, lease, or the use or occupancy of the part oay improvements erected or to be erected thereon, or any ptthereof. II -4 ao3 (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. l 11 DURATly ION. It is intended and agreed, and the Deed shall so express provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classifications or designation, legal or otherwise, and except only as otherwise specifically provided in the Agree- ' ment, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and I assigns, any successor in interest to the Property, or any part thereof, and the United States (in the case of the covenant provided in subdivision (b) of Section 401 hereof), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. It is further intended and agreed that the agreement and covenant provided in subdivision (a) of Section 401 hereof shall remain in effect for the period of time, or until the date, specified or referred to in Section 6 of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in subdivision (b) of Section 401 hereof shall remain in effect without limitation as to time: Provided, that such agreements and covenants shall be binding on the Remeloper itself, each successor in interest to the Property, and every part thereof, and each party in possession or occupancy, respectively, only for such period as such successor or party shall have title to, or an interest in, or possession or occupancy of, the Property or part thereof. The terms "uses specified in the Urban Renewal Plan and land use referring to provisions of the Urban Renewa -P-15, or similar language, in the Agreement shall include theaT nd—annaaTrbu_Ming, housing, and other requirements or restrictions of the Urban Renewal Plan pertaining to such land. SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplification, and not in restriction, of the provision of the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided in Section 401 hereof, and the United States shall be deemed a beneficiary of the covenant provided in subdivision (b) of Section 401 hereof, both for and in their or its own right and also for the purposes of protecting the interest of the community and other parties, public or private in whose favor or for whose favor or for whose benefit such agreements and covenants have been provided. Such agreement and covenants shall (and the Deed shall so state) run in favor of the City and the United States, for the entire period during which such agreements and covenants shall be in force and effect, without regard to whether the City or the United States has at any time been, remains, or is an owner of any land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any breach of covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to II -5 a2 03 maintain any actions or suits at law or in equity or other property proceed- ings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled. ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper repre- sents and agrees that its purchase of the Property, and its other undertak- ings pursuant to the Agreement, are, and will be used, for the purpose of the redevelopment of the Property and not for speculation in land holding. The Redeveloper further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; (b) the substantial financing and other public aids that have been made available bmalaw and king such relocal the Federal and governments for the development possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in the ownership or distribution of such stock or with respect to the identity of the parties in control of is for the transfers or al urses d spositioner orsof thesPropertyfthen owned byathe ecRedeveloper, a the qualifications and identity of the Redeveloper, and its stockholders, are of particular concern to the community and the City. The Redeveloper further recognizes that it is because of the recognition of such qualifications and identity that the City is entering into the Agreement with the Redeveloper, and, in so doing, the City is further willing to accept and rely on the obligations of the Redeveloper for the faithful performance of all undertak- ings and covenants in the Agreement. SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP ORCONTROLor i OF es f REDEVELOPEersonsFor holdinorea interest ntherein, theiropheirer s,rssuccesso sssand an�ail p g assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owing or controlling ten (1rcent or 0) pincreased more interest in the Redeveloper through sale, assignment, merger, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Redeveloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. II -6 C2o3 nunLQMQ"1. naso, Tor cne Toregoing reasons the Redevelc agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to acquiring the property and making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) as to any individual parts or parcels of the Property on which the Improvements to be constructed thereon have been completed, and which, by the terms of the Agreement, the Redeveloper is ! authorized to convey or lease as such Improvements are j completed, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improvements as certified by the City, make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to the Agreement or the Property, or any part thereof or any interest therein, or any contract or agreement to do any of the same, without the prior written approval of the City: Provided, that prior to the issuance by the City of the certificate provided by in Section 305 hereof as to completion of construction of the Improvements, the Redeveloper may enter into any agreement to sell, lease, or otherwise transfer, after the issuance of such certificate, the Property or any part thereof or interest therein, which agreement shall not provide for payment of or on account of the purchase price or rent for the Property, or the part thereof or the interest therein to be so transferred, prior to the issuance of such certificate. (b) The City shall be entitled to require, except as otherwise provided iin this Agreement, as conditions to any such approval that: (1) Any proposed transferee shall have the qualifications and i financial responsibility, as determined by the City, necessary and adequate to fulfill the obligations undertaken in the i Agreement by the Redeveloper (or, in the event the transfer is of or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satisfactory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Redeveloper under the Agreement and agreed to be subject to all the conditions and restrictions to which the Redeveloper is subject (or, in the event the transfer is of or related to part of the Property, such obligations, II -7 azo 3 conditions, and restrictions to the extent that they relate to such part): Provided, that any instrument or agreement which purports to transfer any interest whatsoever caused by this agreement without the express written approval of the City, is null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the transferee or on its behalf shall not exceed an amount representing the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part thereof or interest therein transferred) and the Improvements, if any, theretofore made thereon by it; it being the intent of this provision to preclude assignment of the Agreement or transfer of the Property for sprofit etforthiissuance h n Section305of thisAgreementatThe City plshall be entitled to increase the Purchase Price to the Redeveloper by the amount that the consideration payable for the assignments or transfer is in excess of the amount that may be authorized pursuant to this subdivision (4), and such consideration shall, to the extent it is in excess of the amount so authorized, belong to and forthwith be paid to the City. (5) The Redeveloper and its transferee shall comply with such other conditions as the City. may find desirable in order to achieve and safeguard the purposes of the Urban Renewal Act and the Urban Renewal Plan. Provided, that in the absence of specific written agreement by the City to the contrary, no such transfer or approval by the City thereof shall be deemed to relieve the Redeveloper, or any other party bound in any way by the Agreement or otherwise with respect to the construction of the Improvements, from any of its obligations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to "41" in the effectuation of the purposes of this Article V and the statutory objectives generally, the Redeveloper agrees that during the period between execution of the Agreement and completion of the Improvements as certified by the City, I (a) the Redeveloper will promptly notify the City of any and all changes whatsoever in the ownership or control of interest, legal or beneficial, or of any other act or transaction involving or resulting in any change in the ownership of such interest or in the relative distribution thereof, or with respect to the identity of the parties in control of the Redeveloper or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information; and II -8 ao3 (b) the Redeveloper shall, at such times as the City may request, furnish the City with a complete statement, subscribed and sworn to by the President or other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their respective holdings, and in the event any other parties have a beneficial interest in such holdings their names and the extent of the Redeveloper, any specific inquiry made by any such officer, of all parties who on the basis of all such records own ten (10) percent or more of the interest in the Redeveloper, and by such other knowledge or information as such officer shall have. Such lists, data, and information shall in any event be furnished the City immediately prior to the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the'Property. ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified by the City, neither the Redeveloper nor any successor in interest to the Property or any part thereof shall engage in any financing or any other transaction creating any mortgage or other encumbrance or lien upon the Property, whether by express agreement or operation of law, or suffer any encumbrances or lien to be made on or attach to the Property, except for the purposes of obtaining (a) funds only to the extent necessary for making the Improvements, and (b) such additional funds, if any, in an amount not to exceed the Purchase Price paid by the Redeveloper to the City. The Redeveloper (or successor in interest) shall notify the City in advance of any financing, secured by mortgage or other similar lien instrument, it proposes to enter into with respect to the Property, or any part thereof, and in any event it shall promptly notify the City of any encumbrance or lien that has been created on or attached to the Property, whether by voluntary act of the Redeveloper or otherwise. For the purposes of such mortgage financing as may be made pursuant to the Agreement, the Property may, at the option of the Redeveloper (or successor in interest), be divided, provided that such subdivision, in the opinion of the City, is not inconsistent with the purposes of the Urban Renewal plan and the Agreement and is approved in writing by the City. SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (including any such i holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, but not including (a) any other party who thereafter obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no way be obligated by the provisions of the Agreement to construct or II -9 4 03 complete the Improvements or to guarantee such construction or completion; nor shall any covenant or any other provision in the Deed be construed to so obligate such holder: Provided, that nothing in this Section or any other Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part thereof to any uses, or to construct any improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City sha deliver any notice or demand to the Redeveloper with respect to any breach or default by the Redeveloper in its obligations or covenants under the Agreement, the City shall at the same time forward a copy of such notice or demand to each holder of any mortgage authorized by the Agreement at the last address of such holder shown in the records of the City. SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or default referred Lo in Section 603 hereof, each such holder shall (insofar as the rights of the City are concerned) have the right, at its option, to cure or remedy such breach or default (or such breach or default to the extent that it relates to the part of the Property covered by its mortgage) and to add the cost thereof to the mortgage debt and the lien of its mortgage: Provided, that if the breach or default is with respect to construction of the mprovements, nothing contained in this Section or any other Section of the Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent .necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to the City, by written agreement satisfactory to the City, to complete, in the manner provided in the Agreement, the Improvements on the Property or the part thereof to which the lien or title of such holder relates. Any such holder who shall properly complete the Improvements relating to the Property or applicable part thereof shall be entitled, upon written request made to the City, to a certification or certifications by the City to such effect in the manner provided in Section 305 of the Agreement, and any such certification shall, if so requested by such holder mean and provide that any remedies or rights with respect to recapture of or reversion or revesting of title to the Property that the City shall have or be entitled to because of failure of the Redeveloper or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or parcels of the Property, or became of any other default in or breach of the Agreement by the Redeveloper or such successor, shall not apply to the part or parcel of the Property to which such certification relates. 1n any case, where, subsequent to default or breach by the Redeve oyer (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof II -10 12-03 (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or (b) undertakes construction or completion of the Improvements but does not complete such construction within the period as agreed upon by the City and such holder (which period shall in any event be at least as long as the period prescribed for such construction or completion in the Agreement), and such default shall not have been cured within sixty (60) days after written demand by the City so to do, the City shall (and every mortgage instrument made prior to completion of the Improvements with respect to the Property by the Redeveloper or successor in interest shall so provide) have the option of paying to the holder the amount of the mortgage debt and securing an assignment of the mortgage and the debt secured thereby, or, in the event ownership of the Property (or part thereof) has vested in such holder by way of foreclosure or action in lieu thereof, the City shall be entitled, at its option, to a conveyance to it of the Property or part thereof (as the case may be) upon payment to such holder of an amount equal to the sum of: (i) the mortgage debt at the time of foreclosure or action in lieu thereof (less all appropriate credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by such holder in and as a direct result of the subsequent management of the Property; (iv) the costs of any Improvements made by such holder; and (v) an amount equivalent to the interest that would have accrued on the aggregate of such amounts had all such amounts become part of the mortgage debts and such debt had continued in existence. SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or part thereof, the City may at its option cure such default or breach, in which cases the City shall be entitled, in addition to and without limitation upon any other rights or remedies to which it shall be entitled by the Agreement, operation of law, or otherwise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien upon the Property (or the part thereof to which the mortgage, encumbrance, or lien relates) for such reimbursement: Provided, that any such lien shall be subject always to the lien of nc ud ng any lien contemplated, because of advances yet to be made, by) any then existing mortgages on the Property authorized by the Agreement. SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement: The term 'mortgage shall include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation or condition secured by RM such mortgage or deed of trust, including, but not limited to, the Federal Housing Commissioner, the Administrator of Veterans Affairs, and any successor in office of either such official. ARTICLE VII. REMEDIES SECTION 701. IN GENERAL. Except as otherwise provided in the Agreement, in the event of any default in or breach of the Agreement, or any of its terms or conditions, by either party hereto, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and, in any event, within sixty (60) days after receipt of such notice. In case such action is not taken or not diligently pursued, or the default or breach shall not be cured or remedied within a reasonable time, the aggrieved party may institute such proceeedings as may be necessary or desirable in its option to cure and remedy such default or breach, including, but not limited to, proceedings to compel specific performance by the party in default or breach of its obligations. SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the event that the City does not tender conveyance of the Property, or possession thereof, in the manner and condition, and by the date, provided in this Agreement, and any such failure shall not be cured within sixty (60) days after the date of written demand by the Redeveloper, and the City is unable to demonstrate, to the reasonable satisfaction of the Redeveloper that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Redeveloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect of the property not conveyed shall be terminated, Rrovided, it is hereby expressly agreed that in the event this agreement is terminated pursuant to this Section each party to this agreement shall be solely responsible for all expenses incurred or obligated by it and shall have no claim against the other party. SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in violation of Section 502 of Part II of this Agreement or the Redeveloper does not pay the Purchase Price and take title to the Property upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within thirt 30 days from the date of written demand by the City, then this Agreement, and any rights of the Redeveloper, or any assignee or transferee, in this Agreement, or arising therefrom with respect to the City or the Property, shall, at the option of the City, be terminated by the City, in which event, as provided in Paragraph C, Section 3 of Part I hereof, the Deposit or any portion thereof may be retained by the City as liquidated damages and as its property without any deduction, offset, or recoupment whatsoever, and neither the Redeveloper (or assignee or transferee) nor the City shall have any further rights against or liability under this Agreement to the other in respect to the property or part thereof for which the deposit has been retained. II -12 c203 Per and 611c rrupertor any part thereof tothe Rede!eloy Improvements as certifiedby the City prior to completion of the (a) the Redeveloper does not submit plans as required by the Agreement in satisfactory form and in the manner and by the dates respectively provided in this Agreement; or (b) the Redeveloper (or successor in interest) shall default in or violate its obligations with respect to the construction of the Improvements (including the nature and the dates of for the beginning and completion thereof), or shall abandon or substantially suspend construction work, and any such default, violation, abandonment, or suspension shall not be cured, ended, or remedied within ninety (90) days after written demand by the City; or (c) the Redeveloper (or successor in interest) shall fail to pay real estate taxes or assessments on the Property or any part thereof when due, or shall place thereon any encumbrance or lien unauthorized by the Agreement, or shall suffer any levy or attachment to be made, or any materialmen's or mechanic's lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satisfactory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or (d) the Redeveloper violates the provision of Section 502 of Part II of this Agreement and such violation shall not be cured within sixty (60) days aftgr written demand by the City to the Redeveloper, then the City shall have the right to re-enter and take possession of the Property and all Improvements located thereon to terminate (and revest in the City) the property conveyed by the Deed to the Redeveloper, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Redeveloper shall be made upon, and that the Deed shall contain, a condition subsequent to the effect that in the event of any default, failure, violation, or other action or inaction by the Redeveloper specified in subdivisions (a), (b), (c) and (d) of this Section 704, failure on the part of the Redeveloper to remedy, end, or abrogate such default, failure, violation, or other action or inaction, within the period and in the manner stated in such subdivisions, the City at its option may declare a termination in favor of the City of the title, and of all the rights and interests in and to the Property conveyed by the Deed to the Redeveloper and Improvements constructed thereon, and that such title and all rights and interests of the Redeveloper, and any assigns or successors in interest to and in the Property and any Improvements constructed thereon, shall revert to the City: Provided, that such condition subsequent and any revesting of title as a result thereof in the City (1) shall always be subject to and limited by, and shall not defeat, render invalid, or limit in any way, (i) the lien of any mortgage ,2e3 authorized by the Agreement, and (ii)any rights or interests provided in the Agreement for the protection of the holders of such mortgages; and (2) shall not apply to individual parts or parcels of the Property (or, in the case of parts or parcels leased, the leasehold interest) on which the Improvements to be constructed thereon have been completed in accordance with the Agreement and for which a certificate of completion is issued therefore as provided in Section 305 hereof or on which the Improvements to be constructed thereon are in fact proceeding with construction on an approved schedule and for which a certificate of completion would be issued in normal course. In addition to and without in any way limiting the City's right to re-entry as provided for in this Section, the City shall have the right to retain the Deposit or any portion thereof, as provided in Paragraph C, Section 3 of Part I hereof, without any deduction, offset or recoupment whatsoever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. Upon the revesting in the Eity of title to the Property or a portion thereof and any Improvements thereon, or any part thereof as provided in Section 704, the City shall, pursuant to its responsibilities under State law, use its best efforts to resell the Property or part therof (subject to 'such mortgage liens and leasehold interest as in Section 704 set forth and provided) as soon and in such manner as the City shall find feasible the Improvements or such other improvements in their stead as shall be satisfactory to the City and in accordance with the uses specified for such Property or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall bei (a) First, to reimburse the City, on its own behalf, for all costs and expenses incurred by the City, including but not limited to salaries of personnel, in connection wiht the recapture, management, and resale of the Property or part thereof (but less any income derived by the City from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charges during the period of ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrance or liens due to obligations, defaults, or acts of the Redeveloper, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion or removal of the Improvements or any part thereof on the Property or part thereof; and any amounts otherwise _owing the City by the Redeveloper and its successor or transferee; and (b) Second, to reimburse the Redeveloper, its successor or transferee, up to the amount equal to (1) the sum of the purchase price paid by it II -14 ao3 for the Property (or allocable to the part jereof) and the cash actually invested by it in making any o teorimnromem n thdrats n the Property or part thereof, unless (2) y gains or made by it from the Agreement or the Property. Any balance remaining after such reimbursements shall be retained by the City as its property. SECTIONS 706. OTHER RIGHTS AND REMEDIES OF CITY- NO WAIVER BY DELAY. The City shall have the right to institute such actions or proceedings as lu may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file among the public land records in the office in which the Deed is recorded a written declaration of the termination of all the right, title, and interest of the Redeveloper, and (except for such individual parts or parcels upon which construction of that part of the Improvements required to be constructed thereon has been com- pleted, in accordance with the Agreement, and for which a certificate of completion as provided in Section 305 hereof is to be delivered, and subject to such mortgage liens and leasehold interests as provided in Section and the hereof) its successors in interest and assigns, in the Property, revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or that the 1Cilty should it such i9 of be cos in nstrained soit inasthe to intent a this p avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise to exercise such remedy at a time when it may still hope otherwise to resolve the problems created by the default involved), nor shall any waiver in fact made by the City with respect to specific default by the Redeveloper under this Section be considered or treated as a waiver of the rights of the City with respect to any other defaults by the Redeveloper under this Section or with respect to the particular default except to the extent specifically waived in writing. - ^' SECTION 707. IMPUSSibiurr ur-- PROPERTY. Should at any time prior to the conveyance of title o any Property under this Agreement, the City of Iowa City, Iowa, be enjoined from such conveyance or prevented from so doing by any order or decision or act of any judicial, legislative or executive body having authority in the premises, the City at its option may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such t! urination, the City shall not be responsible for any damages, expenses or costs incurred by the Redeveloper by reason of such termination. It is further agreed and undto erstood Pd hatythe or any partshallthereofhave otosthelRedevel perfor tafteromaki gratgood faith attempt to do so. o. _____......... ',.,, rnncc novnNn CONTROL OF SECTION 708. ENFUHUtu UCLHI l-, -- reement, neicner p or a purposes o any o t e provisions o e g interest, shall hbe Rconsidered in asthe breachase of, or default successor nor any ult in, its obligations in he with ante ofssect to tisu h obligatiAonseduettonunforeseeable causes of the eventenforced itsin tcontrolorm- and II -15 ao3 without its fault or negligence, including, but not restricted to, acts of God, acts of public enemy, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, litigation and unusually severe weather or delays of subcontractors due to such causes; it being the purpose and intent of this provision that in the event of the occurrence of any such enforced delay, the time or times for performance of the obligations of the City or of the Redeveloper under this Agreement, as the case may be, shall be extended for the period of the enforced delay as determined by the City: Provided, that the party seeking the benefit of the provisions of this Section shall, within ten (10) days after the beginning of any such enforced delay, have first notified the other party thereof in writing, and of the cause or causes thereof, and requested an extension for the period of the enforced delay. SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same or different times, of any other such remedies for the same default or breach of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. aQWIun flu. rmnir IN ru�111uN ur SURtlY W1111 WESPEGT TO OBLIGATIONS. The Redeveloper, for itself and its successors and assigns, and for all other persons who are or who shall become, whether by express or implied assumption or otherwise, liable upon or subject to any obligation or burden under the Agreement, hereby waives, to the fullest extent permitted by law and equity, any and all claims or defenses otherwise available on the ground of its (or their) being or having become a person in the position of a surety, whether real, personal, or otherwise or whether by agreement or operation of law, including, without limitation on the generality of the foregoing, any and all claims and defenses based upon extension of time, indulgence, or modification of terms of contract. ARTICLE VIII. MISCELLANEOUS ION 801. CONFLICT OF INTERESTS: CITY LIAMIZ. No memoer, orricial, or employee of the City shall have any personal inmost as defined in Chapter 403, Code of Iowa, 1983, direct or indirect, in the Agreement, nor shall any such member, official, or employee partici- pate in any decision relating to the Agreement which affects his/her personal interests or the interests of any corporation, partnership, or association in which he/she is, directly or indirectly, interested. No member, official, or employee of the City shall be personally liable to the Redeveloper, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Redeveloper or successor or on any obligations under the terms of the Agreement. II -16 1126.3 SECTION 802. EQUALEMPLOYMENT OPPORTUNITY. The Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will not discriminate against any employee or applicant for employment because of race, color, religion, sex, disability, sexual orientation, marital status, age, creed, or national origin. The Redeveloper will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, disability, sexual orienta- tion, marital status, age, creed, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms or compensation; and selection for training, including apprenticeship. The Redeveloper agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this non-discriminatory clause. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. (c) The Redeveloper will send to each labor union or representative of workers with which the Redeveloper has a collective bargaining agreement or other contract or understanding, a notice, to be provided, advising the labor union or workers' representative of the Redeveloper's commit- ments under the City of Iowa City's Contract Compliance Program, and shall post copies of the notices in conspicuous places available to employees and applicants for employment. (d) The Redeveloper will comply with all provisions of the City of Iowa City's Contract Compliance Program. (e) In the event of the Redeveloper's non-compliance with the non-discrimi- nation clauses of this Section, or with any of the said rules, regula- tions, or orders, the Agreement may be canceled, terminated, or sus- pended in whole or in part. (f) The Redeveloper will include the provisions of Paragraphs (a) through (f) of this Section in every contract or purchase order, and will require the inclusion of these provisions in every subcontract entered into by any of its contractors unless a specific exemption is approved by the City Council so that such provisions will be binding upon each such contractor, subcontractor, or vendor, as the case may be. The Redeveloper will take such action with respect to any construction contract, subcontract, or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for non-compli- ance: Provided, however, that in the event the Redeveloper becomes involved in— , or is t rea ened with, litigation with a subcontractor or II -17 aa3 1 i i i 1 vendor as a result of such direction by the City, the Redeveloper may request the City to enter into such litigation to protect the interests of the City. SECTION 803. PROVISIONS NOT MERGED NITN DEED. None of the provisions of the Agreement are intended to or shall be merged by reason of any deed transfer- ring title to the Property from the City to the Redeveloper or any successor in interest, and any such deed shall not be deemed to affect or impair the provisions and covenants of the Agreement. SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any title of the several parts, Articles, and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -18 X03 REDEVELOPER'S STATEMENT OF QUALIFICATIONS AND FINANCIAL RESPONSIBILITY 1. a. Name of Redeveloper: b. Address and ZIP Code of Redeveloper: oses to ter into a contract 2. The jam on which understanding with trespecthe vto, the puelopeT rchase or lease for, or ease of land froom' The City of Iowa City, Iowa in city -University Project I in the City of Iowa City, State of Iowa, is described as follows: Parcel 65-2b 3. Is the Redeveloper a subsidiary of or affiliated with any Other corporation or corporations or any other firm or firms? _ yes no If yes, list each such corporation or firm by name and address, specify its trustees c®on tooRedevelper, and th Redeveeloper anddsuchfy the officers othr corporation doriors or to firm. 4. a. The financial condition of the Redeveloper, as of 19 , is as reflected in the attached financial statement. (9ffr- Attach to this statement a certified financial statement showing the assets and the liabilities, including contingent Ziabilitiae, fully itemized in accordance with accepted accounting standards and based -on a proper audit. If the date of the certified financial statement precedes the date of this submission by more than six months, also attach an interim balance sheet not more than 60 days old). b. Name and address of auditor or public accountant who performed the audit on which said financial statement is based: S. tif funds for the han the Redeveloper's oown funds, a spment of the tatementd are tofbtheRedeveloper's plansf other financing the acquisition and development of the land: E 6. Sources and amount of cash available to Redeveloper to most equity requirements of the proposed undertaking: a. In banks: Name, Address, and Zip Code of Bank Amount b. By loans from affiliated or associated corporations or fixes: Name, Address, and Zip Code of Source Amount c. By sale of readily salable assets: Description Marked t ValueMort a e� s or 7. Names and addresses of bank references: 8. a. Has the Redeveloper or (if any) the parent corporation, or any'subsidiary or affiliated corporation of Redeveloper or said parent corporation, or any of the Redeveloper's officers or principal ambers, shareholders or investors, or other interested parties (as listed in the responses to Items 5, 6, and 7 of the RadeveZoper's Staterant for Public Dreoloeure and referred to herein as "principals of the Redeveloper"been adjudged bankrupt, either voluntary or involuntary, within the past 10 years? _ yes _ no If yes, give date, place, and under what name. b. Has the Redeveloper or anyone referred to above as "principals of the Redeveloper" been indicted for or convicted of any felony within the past 10 years? _ yes _ no If yes, give for each case (1) date, (2) charge, (3) place, (4) Court, and (S) action taken. Attach any explanation deemed necessary. 9. a. Undertakings, comparable to the proposed redevelopment work, which have been completed by the Redeveloper or any of the principals of the Redeveloper, including identification and brief description of each project and date of completion: FM b. If the Redeveloper or any of the principals of the Redeveloper has ever been an employee, in a supervisory capacity, for construction contractor or builder on undertakings comparable to the proposed redevelopment work, nue of such employee, nue and address of employer, title of position, and brief description of work: 10. Other federally aided urban renewal projects under Title I of the Housing Act of 1949, as amended, in which the Redeveloper or any of the principals of the Redeveloper is or has been the redeveloper, or a stockholder, officer, director or trustee, or partner of such a redeveloper: 11. If the Redevelopar or a parent corporation, a subsidiary, an affiliate, or a principal of the Redeveloper is to participate in the development of :he land as a construction contractor or builder: a. Nue and address of such contractor or builder: b. Has such contractor or builder within the last 10 years ever failed to qualify as a responsible bidder, refused to enter into a contract after an award has been made, or failed to complete a construction or development contract? _ yes — no If yes, explain: c. Total amount of construction or development work performed by such contractor or builder during the last three years: $ General description of such work: d. Construction contracts or developments now being performed by such contractor or builder:. Identification of Date to be Contract or Development Location Amount Completed ao3 , e. Outstanding construction -contract bids of such contractor or builder: Awarding Agency Amount Date opened 12. Brief statement respecting equipment, experience, financial capacity, and other resources available to such contractor or builder for the performance of the work involved in the redevelopment of the land, specifying particularly the qualifications of the personnel, the nature of the equipment, and the general experience of the contractor: 13. a. Does any member of the governing body of the locality in which the Urban Renewal Area is situated or any other public official of the locality, who exercises any functions or responsibilities in the review or approval of the carrying out of the project under which the land covered by the Redeveloper's proposal is being made available, have any direct or indirect personal interest -in the Redeveloper or in the redevelopment or rehabilita- tion of the property upon the basis of such proposal! _yes _ no If yes, explain. 14. Statements and other evidence of the Redeveloper's qualifications and financial responsibility (other than the finvv aZ statement referred to in Item 4a) are attached hereto and hereby made a part hereof as follows: ; A�40 a}O+S 01J certify that this Redeveloper's Statement of qualifications and Financial Respons - bility and the attached evidence of the Redeveloper's qualifications and financial responsibility, including financial statements, are true and complete to the best of my (aur) knowledge and belief.2 Bated: Dated: Signature Signature Title Title Address and ZIP Coda Address and ZIP Code a?o3 M 9 1Zf the Redeveloper is a corporation, this statement should be signed by the President .and Secretary of the corporation; if an individual, by such individual; if a part- nerehip, by one of the partners; if an entity not having a president and secretary, by one of its chief officers having knavledge of the financial status and quaZifi- cations of the Redeveloper. 'PenaZtw for False Certi kation: Section 1001, TitZe 18, of the U.S. Code, provides a fine of not more than 10,000 or imprisonment of not more than five years, or both, for knovingZy and willfully makino or using any false waiting or document, Pmwing the awe to contain any false, fictitious or frazuduZent statement or entry REDEVELOPER'S STATEMENT FOR PUBLIC DISCLOSURE A. RJ:DEVELOPER AND LAND i.a. Name of Redeveloper: h. Address of Redoveloper: 2. The land on which the Redeveloper proposes to enter into a contract for, or understanding with respect to, the purchase or lease_of land from The Cit of Iowa City. Iowa in Cit -Universit Pro.dct I in the City of Iowa Cit , state of Iowa is described as 0110;; : Parcel 65-2b 3. If the Redeveloper is not an individual doing business under his own name, the Redeveloper has the status Indicated below and 13 organized or operating under the laws of A corporation. A nonprofit or charitable institution or corporation. A partnership known as _ A business association or a joint venture known as A Federal, State, or local government or instrumentality thereof. Other (explain) 4, if the Redeveloper is not an individual or a government agency or instru- mentality, give date of organization: irf space on this form is inadequate for any requested information, it ehouZd be furnished on on attached page which is referred to under the appropriate numbered item on the form. 2Any convenient means of identifying the land (such as block and lot numbers or street boundaries) is sufficient. A description by metes and bounds or other technical description is acceptabZa, but not required. 0?D3 -2- 5. Names, addresses, title of position (if any), and nature and extent of the interest of the officers and principal members, shareholders, and investors of the Redeveloper, other than a government agency or instru- mentality, are set forth as follows: a. If the Redeveloper is a corporation, the officers, directors or trustees, and each stockholder owning more than 10% of any class of stock . b. If the Redeveloper is a nonprofit or charitable institution or corporation, the members who constitute the board of trustees or board of directors or similar governing body. c. If the Redeveloper is a partnership, each partner, whether a general or limited partner, and either the percent of interest or a description of .the character and extent of interest. d. If the Redeveloper is a business association or a joint venture, each participant and either the percent of interest or a description of the character and extent of interest. e. If the Redeveloper is some other entity, the officers, the members of the governing body, and each person having an interest of more than 10%. POSITION TITLE (IF ANY) AND PERCENT OF INTEREST OR DESCRIPTION OF CHARACTER NAME ADDRESS AND ZIP CODE AND EXTENT OF INTEREST 6. Name, address, and nature and extent of interest of each person or entity (not named in response to Item 5) who has a beneficial interest in any of the shareholders or investors named in response to Item 5 which gives such person or entity more than a computed 10% interest in the Redeveloper (for example, more than 20% of the stock in a corporation which holds 50% of lIf a corporation is required to fife periodic reports with the Federal Securities and Exchange commission under Section 13 of the Securities Exchange Act of 1934, so state under this Item 5. In such case, the information referred to in this Item 5 and in Items 6 and 7 is not required to be furnished. ,Zo3 I -;- th stock of f2th ofedev stock;ofrthe morethaeloperof the stock in a corporation ich hol the DHSCRIPTION OF CHARACTER AND EXTENT NAME ADDRIiSS AND ZIP CODE Of: INTEREST 7. Names (if t corporation org gfirm lisofficers and directors trustees of any ted underttem5 or Item6 above: P.. RRSID1iNTIAL RF.DFVFLOPMENT OR REHABTLITATTON IThe Redeveloper is to furnish the following information, but 2LIE if land is to he redeveloped or rehabilitated in whole or in part for residential Purposes.) 1. State the Redeveloper's estimates, exclusive of payment for the land, for: u. Total cost of any residential redevelopment ................ S b. Cost per dwelling unit of any residential redevelopment $ c. Total cost of any residential rehabilitation ................. d. Cost per dwelling unit of any residential rehabilitation ..... $ 2.a. State the Redeveloper's estimate of the average monthly rental (if to be rented) or rice if to be r each welling unit -involved r ( sold) olved ie sale nsuchredevelopmentor rehabilitation: size of e and d TYPE AND SIZE OF DWELLING UNIT ESTIMATED AVERAGE ESTIMATED AVERAGE I MONTHLY SALE PRICE S OW -4- b. State the utilities and parking I'acilitics, if any, included in the fore- going estimates of rentals: c. State equipment, such as refrigerators, washing machines, air conditioners, if any, included in the foregoing estimates of sales prices: CERTIFICATION I (we)I certify that this Redeveloper's Statement for Public Disclosure is true and correct to the best of my (our) knowledge and belief.Z Dated: Dated: Signature Title Address and ZIP Code Signature Title Address and ZIP Code if the Uedgvnlopar in an individual, Chir statement should be nigned by ouch individual; if a paruv:rnhip, by one of the partnern; if a corporation or other entity, by one of ita chief officers having knowledge of the facto required by this statement. ZPenalty for FaZae Certification: Section ZOOZ, Title ZS, of the U.S. Code, provides a fine of not more than vZ0,o00 or imprisonment of not more than five years, or both, for knowingly and willfully making or using any false writing or document, knowing the sane to contain any false, fictitious or fraudulent statement or entry in a nattar within the jurisdiction of any Department of the United States. I j I I I -4- b. State the utilities and parking I'acilitics, if any, included in the fore- going estimates of rentals: c. State equipment, such as refrigerators, washing machines, air conditioners, if any, included in the foregoing estimates of sales prices: CERTIFICATION I (we)I certify that this Redeveloper's Statement for Public Disclosure is true and correct to the best of my (our) knowledge and belief.Z Dated: Dated: Signature Title Address and ZIP Code Signature Title Address and ZIP Code if the Uedgvnlopar in an individual, Chir statement should be nigned by ouch individual; if a paruv:rnhip, by one of the partnern; if a corporation or other entity, by one of ita chief officers having knowledge of the facto required by this statement. ZPenalty for FaZae Certification: Section ZOOZ, Title ZS, of the U.S. Code, provides a fine of not more than vZ0,o00 or imprisonment of not more than five years, or both, for knowingly and willfully making or using any false writing or document, knowing the sane to contain any false, fictitious or fraudulent statement or entry in a nattar within the jurisdiction of any Department of the United States. y. I ; t" 1 I I ; i i i o. I (DEVELOPERS LETTERHEAD OR HEADING) Mr. Neal G. Berlin City Manager City of Iowa City Civic Center Iowa City, IA 52240 RE: Offer to Purchase Land for Private Redevelopment City of Iowa City, Urban Renewal Dear Mr. Berlin: The undersigned developer, hereinafter referred to as the "Offeror" (state the nature of the developer's legal entity) hereby offers to purchase, develop and use the lands below described in conformity with Federal and State statutes and local ordinances and regulations, to wit, that area known as: Disposition Parcel 65-2b from the City of Iowa City, hereinafter referred to as the "City". The terms of the offer are as follows: _ (1) The Offeror acknowledges receipt from the City of a copy of the City -University Urban Renewal Plan, hereinafter referred to as the "Plan", which plan has been duly aooroved and recorded in the office of the City Clerk of the City, the proposed form of Contract for the Sale of Land for Private Redevelopment, hereinafter referred to as the "Agreement", and a copy of the Prospectus containing the instructions..for submitting an offer to purchase property for redevelopment. (2) The Offeror agrees to purchase from the City the referenced parcels at the price hereinafter set forth in accordance with the provisions of the Plan, and Agreement as attached to this offer. PARCEL NO. PRICE OFFERED 65-2b In making this offer, the Offeror acknowledges that he/she has become familiar with the project site and the provisions of the Plan, the Prospectus, and the proposed Agreement. (3) It is agreed that this offer shall remain open for a period of one hundred fifty (150) days from the final date for delivery of offers, (as specified in the prospectus), and shall remain in force thereafter until withdrawn by the Offeror in writing, and that the City may reject any and all offers, and may waive any irregularities therein. (4) The Offeror transmits herewith a certified check in the amount of $500 pay- able to the order of the City of Iowa City, Iowa, being a good faith deposit .or the Disposition Parcel for which this proposal is made. If this proposal is rejected, the good faith deposit will be returned to the Offeror in the manner provided in Section 11 hereunder. If this Proposal is ,?03 Mr. Neal G. Berlin Page 2 accepted, the good faith deposit will be held by the Finance Director of the City of Iowa City as security for the performance of and subject to City Council declaration of forfeiture in the breach of performance of the obliga- tions of the Offeror pending execution of the Agreement referred to in Section 5, hereunder, and such check may be deposited in an account of the City in a bank or trust company selected by it. The City of Iowa City shall be under no obligation to deposit in such an account, or to pay or earn interest on the deposit, but if interest thereon is earned pursuant to such deposit such interest when received shall be promptly paid to the redeveloper. Such deposit will be held by the City as such security for performance until such time as substitute security is provided under terms of the agreement referred to in Section 5 hereunder following execution of such agreement. (5) If this offer is recommended for acceptance, the City must advertise its intent to sell by a 30 -day legal notice before furnishing the Agreement'for execution by the Offeror. Upon notification of acceptance of this Proposal in the manner provided for in Section 11 hereunder, the Offeror agrees to perform the remaining conditions of this offer and thereafter to execute an Agreement and return it to the City, to make any substitute good faith deposit required thereby, and to complete the purchase of the Disposition Parcel in the manner set forth in the Agreement. It is agreed that the Offeror shall not assign or transfer to any other party any interest in this offer prior to notification of formal acceptance or rejection by the City Council of Iowa City, Iowa. It is further agreed, in the event that this offer is accepted, that the Offeror shall not, prior to or after execution of the Agreement, assign or transfer any interest in the Agreement, assign or transfer any interest in the Agreement without the written consent of the City Council of Iowa City. The City Council of the City of Iowa City reserves the right to require of any proposed assignee or transferee the same Statement of Public Disclosure, Statement of Qualifications and Financial Responsibility and narrative setting forth the developers experience, required of the original Offeror. (6) In the event this offer is accepted by the City Council of Iowa City and the Offeror fails or refuses to perform the remaining conditions of this Proposal, and to execute an Agreement within one hundred twenty (120) days after the date of notification thereof, or such extension of time as may be granted by the City, the City may terminate all rights of the Offeror hereunder, and, in such event, shall retain the good faith deposit of the Offeror as liquidated damages by reason of the breach and the City may proceed with other arrange- ments or plans for the sale of the Disposition Parcel to which this offer relates. (i) The Offeror warrants that no person or agency has been employed or retained by the Offeror to solicit or secure the acceptance of this Proposal upon an agreement or understanding for a commission, percentage brokerage, or contingent fee excepting the following bona fide agency or broker: (If none, so state.) tOfferor states and represents that no person or agency claiming to be employed or retained by the City contacted the Offeror with reference to the 403 Mr. Neal G. Berlin Page 3 Proposed sale of the subject land other than the following: (If none other than the City staff employees, state: None.) It is agreed that the City of Iowa City, Iowa, shall not be liable for any obligations incurred by the Offeror for commissions, percentages, brokerages, contingent or other fees of any kind relating to this Proposal. For breach or violation of this warranty, the City shall have the right to annul its acceptance of this offer, or the contract to rise thereupon. (8) It is agreed that the deposit of the Offeror may be refunded by the City and that the City may withdraw from the sale of the Disposition Parcel at any time prior to conveyance of title and possession of said property by reason Of the City of Iowa City, Iowa, being enjoined or prevented from st doing by any order or decision or act of any judicial, legislative, or executive body having authority in the premises. It is further agreed that the City shall have no liability for failure to deliver title to such disposition parcel, for the reasons stated above or otherwise, to the redeveloper after making a good faith attempt to do so. (9) It is expressly agreed and understood by the Offeror that the City is making no representations with respect to soil conditions, structural conditions, subsurface conditions, and the like and further that the Offeror is making no reliance upon any studies of such conditions possessed by the City and that the Offeror has inspected the site for which this offer is being made and has satisfied itself as to the conditions of both the surface and subsurface of the site. Further, it is agreed that the City has permitted access to the Offeror for the purpose of making soil testing, borings, and the like. (10) The Offeror transmits herewith, for the approval of the City, ten (10) copies each of the following documents. a. This Offer. b. A written narrative which sets forth and explains in full detail any and all additions, deletions, or any other modifications to the form of Offer as provided by the City. c. Redevelopers Statement of Qualifications and Financial Responsibility. d. Redevelopers Statement for Public Disclosure. e. A written narrative which sets forth the development which is proposed, as called for in the Prospectus. f. A written narrative which sets forth the developers experience as called for in the Prospectus. g. A complete but unexecuted Contract for Sale of Land for Private Redevelopment. h. A written narrative which sets forth and explains in full detail any and all additions, deletions, or any other modifications to the form of ao3 B Mr. Neal G. Berlin Page 4 Agreement as provided by the City. (11) It is agreed that acceptance or rejection of this offer shall be made by depositing such acceptance or rejection in the United States Mails addressed to the Offeror at the business address set forth below. Submitted this day of , 19 NAME OF FIRM OR INDIVIDUAL (type or print) BY: (Signature in Type name after signature TITLE type or print) BUSINESS ADDRESS type or print) CITY STATE (type or print) ZIP BUSINESS TELEPHONE NUMBER (type or print STATE OF INCORPORATION type or print 0?D3 CITY 01F IOW/-\ CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CITY, IOWA 52240 (319)356-503D i � I i i Ladies and Gentlemen: The City of Iowa City is pleased to submit to you the prospectus for redevelopment of Parcel 65-2b in downtown Iowa City. The City is seeking a responsible developer to undertake the construction of an i office/commercial development on Parcel 65-2b. The prospectus contains detailed information concerning redevelopment re- quirements and the format for submission of proposals. A complete package of proposal submission materials entitled "Proposal Packet" is available. To obtain this packet, please contact: Patt Cain Associate Planner -Economic Development Dept. of Planning and Program Development City of Iowa City 410 E. Washington Street Iowa City, Iowa 52240 (319)356-5235 Thank you for your interest in Iowa City's redevelopment. Sincerely yours, 1 Neat G. Berlin j City Manager 1 /sp I 1 203 A o. Iowa city downtown urban renewal parcel 65-2b X0,3 IOWA CITY DOWNTOWN URBAN RENEWAL PARCEL 65-2b PROSPECTUS February, 1985 View of Subject Site from City Plaza on the llest 02r7--� I i I� I _1 I -i WI ' M1 I i 1 I - PROSPECTUS URBAN RENEWAL PARCEL 65-2b TABLE OF CONTENTS INTRODUCTION...................................................... 2 BACKGROUND ON URBAN RENEWAL PROGRAM ............................... 3 SUMMARY FACTS ..................................................... 4 DEVELOPMENT CONDITIONS ............................................ 5 SITEMAP .......................................................... 7 BIDDING PROCEDURES ................................................ D DEVELOPER'S PROPOSAL .............................................. 10 PROPOSAL EVALUATION CRITERIA ...................................... 12 DEVELOPER SELECTION PROCESS ....................................... 13 APPENDIX: CITY PLAZA ORDINANCE .................................... 14 c X0.3 F Introduction Since 1970, the City of Iowa City has undertaken an ambitious urban renewal project to remove blighted commercial and residential buildings from its downtown. Its redevelopment plan incorporates key land use elements of retail, office, residential, institutional and hotel uses in a mutu- ally -reinforcing pattern. This pattern reflects market support, the location of existing businesses, employment concentrations and transportation linkages. Redevelopment has been very successful with fifteen downtown sites fully redeveloped. One major and one small redevelopment site remain; it is anticipated the major site (next to the hotel) will be marketed in spring - summer 1985. The City is now seeking a responsible developer for the smaller site, Urban Renewal Parcel 65-2b. This Prospectus describes the procedures to be used for submitting a bid. ao3 1 i 1 i I F Introduction Since 1970, the City of Iowa City has undertaken an ambitious urban renewal project to remove blighted commercial and residential buildings from its downtown. Its redevelopment plan incorporates key land use elements of retail, office, residential, institutional and hotel uses in a mutu- ally -reinforcing pattern. This pattern reflects market support, the location of existing businesses, employment concentrations and transportation linkages. Redevelopment has been very successful with fifteen downtown sites fully redeveloped. One major and one small redevelopment site remain; it is anticipated the major site (next to the hotel) will be marketed in spring - summer 1985. The City is now seeking a responsible developer for the smaller site, Urban Renewal Parcel 65-2b. This Prospectus describes the procedures to be used for submitting a bid. ao3 Background Information on Urban Renewal Program The City has used public investment to install functional and aesthetic improvements to utilities, streets, parks, parking and other major public facilities in the downtown. The City remains committed to upgrading public infrastructure as a tool for enhancing downtown development. Downtown street improvements were designed to provide safe, efficient and attractive circulation to minimize conflicts between pedestrians, bicycle, automobile, transit and service truck traffic. Municipal utility systems - water, sanitary and storm sewer - are in sound condition. As downtown streets have been upgraded, the subsurface utilities - gas and electric -have been evaluated and replaced as necessary. This procedure of protective reinvestment will continue. The City 'Plaza, a three block pedestrian mall, has been designed to enhance pedestrian circulation within the downtown core. The character of City Plaza is warm and inviting with an abundance of brick, wood and trees. Governor Robert Lucas Square, located at the center of City Plaza, was designed with convenient seating along the planters and on terrace steps. Theatrical lighting effects are possible which makes the area ideal for theatrical and cultural events. The center of the square is a fountain with strong sculp- tural detail. Directly south of the Governor Lucas Square is the newly -opened 178 room Holiday Inn which has complete conference facilities. Anchoring the east end - of City Plaza is the new Iowa City Public Library. Over 40,000 people per month visited the library in 1983. Anchoring the west end of City Plaza is Old Capitol Center, a 378,000 square foot retail development. One block east of Parcel 65-2b is the Senior Center which serves as a multi-purpose center for the service and social needs of Johnson County's elderly. Three large residential developments are located within the urban renewal area. Pentacrest Garden Apartments is a 96 -unit complex of market -rate apartments located south of Burlington Street. Capitol House is an 81 -unit subsidized elderly housing project at the corner of Court and Dubuque Streets. An 80 -unit complex, Ecumenical Towers, is adjacent to the Senior Center and provides subsidized housing for the elderly and handicapped. All projects are fully occupied. In addition, over 100 units of market -rate residential development adjacent to the urban renewal area have been recently completed and are fully occupied. The redevelopment projects were planned to complement and reinforce each other to create a strong economic and social center for Iowa City. Actual private reinvestment for redevelopment projects in the urban renewal project area exceeds $40 million (1984). ELJ , 4 SUMMARY FACTS The information provided in this section is a quick reference to the espe- cially salient requirements of this offering. It is not to be considered a definitive statement of developer requirements. N 1. All proposals must be received by the City Clerk, Iowa City Civic Center, 410 East Washington Street, Iowa City, Iowa 52240 by 12:00 p.m. noon (CST), March 4, 1985 at time F, which the proposals shall be opened. Late proposals will not be considered. 2. Proposals must be accompanied by a cashier's check or certified check payable to the City of Iowa City, or a bid bond underwritten by a surety company licensed to do business in the State of Iowa, in the amount of five hundred dollars ($500). 3. Elaborate or expensive models or displays are not desired. Evaluation of proposals will be based on developer capability and P p y performance rather -% than proposed displays. The developer is required to provide financial support up to $5,000 or provide design services on an in-kind basis to the City for the design for the adjacent portion of City Plaza. 4. A complete package of proposal submission materials entitled "Proposal Packet" is available. This information is available from the Department of Planning and Program Development, 410 East Washington Street, Iowa _ City, Iowa 52240 or (319) 356-5230. 5. The City intends to select the preferred developer on or before May 7, 1985. Between the submission deadline and the selection date, the City may request a meeting or submission of additional materials from any or all persons submitting proposals. 6. Following designation of a preferred developer, the selected developer will have one hundred twenty (120) days to execute a land disposition contract unless this period is extended by the City. Failure to execute a contract within this time may cause forfeiture of the bid deposit in part or whole and loss of parcel acquisition rights. 7. Preliminary and final design plans are subject to approval by the City. 8. Following receipt of development proposals, the City reserves the right to negotiate with developers concerning the terms and conditions of their proposals as long as any of the agreed changes do not materially affect the conditions stated herein. 9. The City expects that construction on this parcel will begin by September 1, 1985. Substantial assurance must be shown by the developer that this date will be met. a? 0-.3 5 DEVELOPMENT CONDITIONS The City is soliciting offers to purchase and redevelop Urban Renewal Parcel 65-2b; the map for this property is shown on page 7. The specific develop- ment requirements are set forth below. Development Requirements The City has sought to afford to a developer the maximum possible flexibility in designing a development proposal, consistent with the Urban Renewal Plan and the City's determination to protect the existing and planned elements of the downtown and City proposals which do not meet athe requirementslset forth not shereiidernor accept, any herein, _ Price The minimum bid price for this parcel is $10,500. The City will not accept, ~ nor consider, any offer to purchase and redevelop this parcel fcr which the price offered is not equal to or greater than this minimum price. The establishment of this minimum price should not preclude developers from offering a higher price for competitive reasons. The purchase terms for this parcel specify that the purchase price, including credit for the $500 deposit, are due upon execution of the contract for sale. The anticipates conveyance of fe to the property h nemonth ofthe exection of te contractor sale If the redevelopment sale contract or agreement to execute the contract is terminated prior to the conveyance of the fee simple title to the property, tomay retained r the Cyas loiadprovided for ioPar11 ofheContractfoSaleofLand frPrivateReevelopment -' Land Use The required use of Parcel 65-2b is for a building or building addition for office/commercial uses. — It is not the City's intention to permit servicing of a building or building addition from the City Plaza. Therefore, the City will require a firm commitment (or evidence of a commitment) on the part of the developer of receipt of easement rights from an adjacent property to the Block 65 alley for all deliveries. Design Considerations the Paul - Because of this parcel's ocafion theadjacent proposedtbuildingtdesignaisnveryeimpor- Helen Building, Y directly west of the parcel, was built in the tart. The Paul -Helen Building, Y early 1900s, the Urban Renewal Plan entourages restoration and rehabilitation of structures which are of historical/architectural significance which would include the aul-HnBuildi gBuilding. The following guidelines shall be incorpo- rated into thcel6 [d 1. While no specific style is dictated in the building design, the design should harmonize with the existing adjacent structures and the City Plaza. 2. If access to and from this parcel is gained through use of the City Plaza, said entryways shall be designed to integrate with, rather than dominate the City Plaza. j 3. The lighting for the building is to be compatible with the area and is subject to City review and approval. Lighting is to be of a similar or lower level and intensity to the City Plaza. 4. Building signage is subject to City review and approval. Signage is to be at a scale appropriate to pedestrian traffic. — 5. Building materials are to be complementary to the other structures in the area (e.g., size and color of the selected building material). 6. Plans for refuse disposal and other on-site services must be submitted to the City. Encroachment into the City Plaza Urban Renewal Parcel 65-2b is located adjacent to the City Plaza; development adjacent to and in the City Plaza is governed by the City Plaza Ordinance (Chapter 9.1, Iowa City Code of Ordinances) which is attached in Appendix A. As per the terms and conditions of the ordinance, the developer is advised that any encroachment or easement into or onto the City Plaza is subject to review and approval by the Design Review Committee and the City Council. The price, terms, and conditions of such use shall be subject to negotiation with the City. _ Design Assistance The City anticipates undertaking renovation of the adjacent portion of City Plaza (the former Blackhawk 11inipark). Because of the potential to integrate the development of Parcel 65-21b with this renovation, the City will require a firm commitment of up to $5,000 by the developer to provide design assistance an an in-kind basis or a direct financial payment for design work to the City. This requirement is necessary to provide design assistance to inte- grate the design and functions of Parcel 65-21b with the City Plaza. Project Financing I The City expects the redeveloper for Parcel 65-2b to be capable of securing financing for this project. The City will consider the use of Industrial + Revenue Bond financing under the terms and conditions contained in the Cit I of Iowa City Industrial Revenue Bond _Policy_. This policy is available the Department of Planning and Program Development, 410 East Washington Street, Iowa City, Iowa 52240 or (319) 356-5230. The City reserves the right to approve or disapprove a request for Industrial Revenue Bond financing. 0?03 L Cr M Cr a Washington St. D ........... ......................... %.°..................... E::::::::::::::::::................cEiicciii:c E c izc .............................................................. ...... DAIN•BOSWORTH BLDG sidewalk PAUL•HELEN BLDG 20' PARCEL 65-2b 132' QDrawing is approximately to scale: 1"= 20' Measurements are indicative & subject to N legal survey. urban renews parcel 65=2b3 BIDDING PROCEDURES This Prospectus constitutes the official solicitation of offers to purchase and redevelop Urban Renewal Parcel 65-2b, following its announced availabil- ity through legal notice and other advertising. Any developer intending to submit a proposal must do so by 12:00 p.m. noon (CST), March 4, 1985. The proposal must be submitted to the City Clerk, 410 East Washington Street, Iowa City, Iowa 52240. The proposal must be submitted with all supporting documents in a sealed envelope or other container marked only with the following: PARCEL 65-2b DEVELOPMENT BID. Ten (10) copies of all documentation must be contained in the proposal. The City does not require and will not accept models or other elaborate graphic descriptions of the proposed project. — If the developer wishes to deviate from any of the Prospectus requirements, these changes should be explicitly detailed in the development bid. I It should be expressly understood that the proposals received later than the time and date set forth above will not be considered. After the formal cut-off date for proposal receipt, no attempt will be made to withhold the names of those submitting proposals. The City reserves the right to enter into discussions with prospective developers during the bidding period in order to provide information concern- ing the site, the development, and other related matters. If necessary, the City may issue written addenda regarding this offering to all bid packet recipients to clarify, comment, correct, or as is otherwise required. Further, the City through its staff and its representatives, reserves the right to continue negotiations and discussions with the preferred developer in order to discuss and accomplish modifications in the development proposal. This would include alterations in the development contract if such modifica- tions are made necessary by circumstances. — The City may wish, during the course of reviewing and evaluating bid propos- als, to meet with developers for clarification of bid materials. The City reserves the right to initiate such meetings. These meetings may be con- ducted on an individual or collective basis involving anywhere from one to all of the prospective developers. The meetings may be called, however, only - at the initiative of the City. The City reserves the right to negotiate with developers concerning the terms and conditions of the proposals so long as any agreed changes do not materially affect the conditions stated herein. In addition to the administrative code review process required by the City's ordinances (for building, electrical, plumbing and other mandated Code reviews), the City Council retains the right to review and approve design plans, specifications, and construction drawings for the proposed develop- ment. The City's Design Review Committee and the City administrative staff shall assist the City Council in this process. The City pledges that design review shall be conducted in as cooperative and expeditious manner as possi- ble. After the City selects a preferred developer, the developer so designated is expected to execute a land disposition contract within 120 days. At the conclusion of that period, if the land disposition contract has not been TM executed, the City reserves the right, at its sole option, to rescind the designation of the developer or to extend the time period to allow for negotiation and execution of a land disposition contract. Should the City exercise its option to rescind a developer's designation, the City may initiate negotiations with one of the other developers who submitted a proposal on the parcel or the City may begin a new selection process. All materials submitted to the City shall become the exclusive property of the City and shall be utilized as the City deems necessary. alV 10 THE PROPOSAL The following items must be included as part of the proposal. Forms for Items 1 through 4 are provided in the Proposal Packet. Ten (10) copies of each item must be submitted. 1. Offer to Purchase: All Offers to Purchase must be submitted in substan- tially the same format as the form furnished by the City and must be complete in all respects. Any additions, deletions, or modifications in the Offer to Purchase must be explained and justified in full detail in a narrative statement attached to the Offer. 2. Redeveloper's Statement of Qualifications and Financial Responsibility. 3. Redeveloper's Statement for Public Disclosure. i w 4. Contract for Sale of Land for Private Redevelopment: A completed but unexecuted copy of Parts I and II of this contract must be submitted. Any I w. additions, deletions, or modifications in the contract must be explained I and justified in full detail in a narrative statement attached to the contract. 5. Description of the Proposed Development: A written narrative describing the proposed development should be submitted. At a minimum, this narrative should contain information on the intensity of the development (e.g. net leasable area and gross square footage); the estimated total cost of the improvements, the amount and likely source(s) of equity capital and other sources of financing. 6. Developer Experience: A written narrative should be included which details the developer's experience. At a minimum, this narrative must contain: a list of other projects and their location, type and size; the background of the principal(s) who will be responsible for this project; and the qualifications of other persons or firms who will be involved in the project. 7. Design Information: An informal graphic presentation of the proposed design must be included. j B. City Plaza Design Assistance: A narrative describing the commitment the developer will make to assist in the renovation of the adjacent portion of City Plaza must be included. This narrative should detail the terms and conditions of the design assistance and an estimate of the value of the assistance. 9. Access Commitment: A commitment or evidence of a firm commitment for i access to the Block 65 alley from an adjacent property for service delivery is required. 10. Deposit: A cashier's check, certified check, or a bid underwritten by a _ surety company, payable to the order of the City of Iowa city in the amount of five hundred dollars ($500). ae3 i 11 I No proposal may be withdrawn except by the written request of the offerer prior to the opening of proposals. Offers shall remain valid and irrevocable for a period of one hundred and fifty (150) days from the date of opening and shall remain in fnrcp thprpaftpr until withdrawn by the nffprpr in wri*inn i 12 PROPOSAL EVALUATION CRITERIA The developer's bid will be evaluated on the following criteria and recommen- dations to the City Council will be based on these items. DEVELOPMENT PLAN 1. Compatibility with standards, objectives and controls set forth in the Urban Renewal Plan and disposition documents. 2. Quality and creativity of the proposed development. 3. The probability of achieving market acceptance. 4. The timeliness of the proposed construction schedule. 5. The price offered. 6. Potential tax return to the City. DEVELOPER EXPERIENCE AND QUALIFICATIONS 1. The success of previous development efforts and/or the operation of facilities of a similar nature as envisioned in this solicitation. 2. Public acceptance of previous developments in terms of design, timing of work and functional relationships. 3. Reputation with regard to character, integrity, judgement and compe- tence. 4. Demonstrated ability to work with the public sector. IMPLEMENTATION ABILITY 1. Experience of the principals and key staff in past projects of similar scale and character who will be involved in Iowa City. 2. Availability of sufficient financial resources to assume the necessary development and managerial responsibilities, including the availability and liquidity of working capital and required equity. O03 13 DEVELOPER SELECTION PROCESS Upon receipt of the written development proposals, the City staff will review and evaluate all submissions and the Design Review Committee will review design information. After receiving recommendations from the staff and the Design Review Committee, the City Council will select the preferred devel- oper. The announcement of the preferred developer will be made by the City Council. After the City designates the preferred developer, the preferred developer is expected to execute a land disposition agreement within a period of 120 days from the announcement of the preferred developer. The timing of the submis- sion of final design plans will be written into the contract for sale of land. Prior to entering into any signed documents or contracts for the purchase and redevelopment of Parcel 65-2b, the City will give public notice of intent to enter into a contract for the disposal of the parcel as provided by applica- ble state law. In addition, the City must submit information on the devel- oper to the U.S. Department of Housing and Urban Development (HUD) for approval. Following such notice and approval from HUD, the City will enter into the contract with the responsible bidder, whose proposal, in the sole judgment of the City Council, best conforms to the Urban Renewal Plan and the City's objectives. The City reserves the right to accept or reject any or all bids and to waive irregularities in any bid. I it I I i ti 1 I I f _ J -7 i i I I I i 1 13 DEVELOPER SELECTION PROCESS Upon receipt of the written development proposals, the City staff will review and evaluate all submissions and the Design Review Committee will review design information. After receiving recommendations from the staff and the Design Review Committee, the City Council will select the preferred devel- oper. The announcement of the preferred developer will be made by the City Council. After the City designates the preferred developer, the preferred developer is expected to execute a land disposition agreement within a period of 120 days from the announcement of the preferred developer. The timing of the submis- sion of final design plans will be written into the contract for sale of land. Prior to entering into any signed documents or contracts for the purchase and redevelopment of Parcel 65-2b, the City will give public notice of intent to enter into a contract for the disposal of the parcel as provided by applica- ble state law. In addition, the City must submit information on the devel- oper to the U.S. Department of Housing and Urban Development (HUD) for approval. Following such notice and approval from HUD, the City will enter into the contract with the responsible bidder, whose proposal, in the sole judgment of the City Council, best conforms to the Urban Renewal Plan and the City's objectives. The City reserves the right to accept or reject any or all bids and to waive irregularities in any bid. I i Chapter 9.1 — CITY PLAZA* Sec. 9.1.1. Purpose. intent of this chapter to regulate the use of City It is the Plaza in order to promote the public interest by: (a) Making City Plaza an active and attractive pedestrian environment; + (b) Providing the opportunity for creative, colorful, pedes- activities on a ; trian-focused commercial and cultural day/night, year-round and seasonal basis; �t (c) Encouraging commercial activities which add interest, design to City Plaza; t! charm, vitality, diversity and good (d) Encouraging the upgrading of store -fronts and the de- u velopment of compatible and well-designed elements E j within Zone 1; (e) Controlling the use of vehicles and bicycles in City Plaza. „+ I The intent of the City Plaza Use Regulations is that private sparingly development within City Plaza is to be permitted for those that meet the objectives stated above. and only proposals It is not to be considered a "use by right." (Ord. No. 78-2898, § 1, 5-16-78; Ord. No. 82-3058, § 3,4-27-82) I Sec. 9.1.2. Definitions. the following terms shall [For the purposes of this chapter, have the meanings stated herein:] -Editor's note—Ord. Na. 76-2894, §§ 1-11, enacted May 16, 1978, was nonamendatory of the Code and has been included as Ch. 9.1, §§ 9•t ' 9.1.11, at the editor's discretion. Subsequently, the chapter was amended in its entirety by Ord. No. 82.3058. Crave references—Advertising, Ch. 3; animals and fowl, Ch. 7; build- ing reulatios, Ch. 8; licenes, Ch. 21; motor peddlers, Chn26; streets, sidewalks and public vehicles n+c, Ch. 23; places, 31 Supp. No. 13 639 a&43 4 9.1.2 IOWA CITY CODE Ambulatory vendor. An individual selling goods or services while mowing through Zones 1, 2 and 3 and operating without the use of a mobile vending cart or kiosk and with a minimum of equipment, e.g., balloons, portrait artist. Audio ambience: A localized use of sound intended to create a pleasant, relaxing atmosphere. City plaza: That area of city property extending from the north - 7 ern right-of-way line to the southern tight -of -way line of College Street from the eastern right-of-way line of Clinton Street to the western right-of-way line of Linn Street; and extending from the western right-of-way line to the eastern right-of-way line of Du- buque Street from the southern right-of-way line of Washington Street to the northern right-of-way line of Washington Street to the �.; northern right-of-way line of the Block 82 alley between Burlington Street and College Street.* Kiosk: A small structure that is stationary and can be either 'permanent or seasonal in nature. Landscaping. Live plant material used strictly for an ornamental or ecological purpose. Mobile vending cart: A nonmotorized structure on wheels that is easily moved and is used for vending. Mobile vendor. Operator of mobile vending cart. Permanent structure: Any structure erected for a year-round use. Seasonal construction: Any structure erected for a seasonal or temporary activity and which is removed from the plaza in off- season. (Ord. No. 78.2894, § 2, 5-16-78; Ord. No. 82-3058, § 4, 4-27-82) Sec. 9.1-3. Description of mall zones. (a) Zone 1: The ten -foot strip directly abutting the private prop- erty lines. Zone 1 extends the length of the City Plaza along all sides of the plaza. Supp. No. 13 640 *On December 4, 1984, this definition was amended to include Urban Renewal Parcel 65-2a, generally referred to as the Black Hawk Mini - park. x103 CITY PLAZA § 9.1-5 (b) Zone 2: The six-foot pedestrian lanes adjoining Zone 1 on each side, the landscaped areas, the areas with street furniture and features, and other areas as specified on map. (c) Zone 3: The emergency/service lane. The zones are illustrated in the attached City Plaza map. This map can be amended from time to time as necessary by resolution. (Ord. No. 78-2894, § 3,5-16-78; Ord. No. 82-3058, § 5,4-27-82) Note—The City Plaza plan is not included herein; it may be found on file in the office of the city clerk. Sec. 9.1-4. Bicycle regulations. No person shall ride a bicycle within City Plaza. No bicycles shall be left unattended within City Plaza unless located in a bicycle rack. Any violation of this section shall be a simple misde- meanor. (Ord. No. 78-2894, § 4, 5-16-78; Ord. No. 82-3058, § 6, 4-27-82) E 4 •+ Sec. 9.1-5. Motor vehicle regulations. 1 j Except as otherwise provided herein, no motor vehicles, ex- cept emergency vehicles, shall be. operated within the limits. _ of City Plaza without a permit. A permit for the operation of motor vehicles within City Plaza may be issued by the city manager on his/her designee upon application according to the _. following conditions: (a) Any business located on property which does not other- wise abut a public right-of-way other than City Plaza may be granted a continuing permit upon a showing that such is necessary to provide for the delivery of goods to or from the business. Such permit shall allow the presence of the vehicle within the plaza only during active loading and unloading. (b) Any individual may be granted a temporary permit upon a showing that the placement or operation of a motor vehicle upon City Plaza for a specified, limited period of time is necessary. Supp. No. 13 641 ao3 ' I I I i maintenance requiring the use of the vehicle. 4 9.1-5 IOWA CITY CODE — (c) A service vehicle operated by the city may operate within City Plaza without a permit when performing necessary maintenance requiring the use of the vehicle. Any violation of this section shall be a simple misdemeanor. (Ord. No. 78-2894, § 5, 5-16-78; Ord. No. 82-3058, § 7, 4-27.82) Sec. 9.1-6. Animal regulations. Notwithstanding the provisions of any other city ordinance, no person shall take, accompany or allow any animal into City Plaza. This provision shall not apply to a Seeing Eye dog being used to w assist a blind person. Any violation of this section shall be a simple t misdemeanor. (Ord. No. 78-2894, § 6,5-16-78; Ord. No. 82-3058, § 8, 4-27-82) I Sec. 9.1-7. Use of City Plaza. (a) Permitted uses: Permitted uses include those listed below. Other uses consistent with the purposes stated in section 9.1-1 may be permitted if specifically approved. When a mobile or temporary i use is allowed, it is understood that this authorization does not to Zone 1 or Zone 2 areas which are already leased for other a extend purposes; e.g., mobile vending carts may not approach patrons seated in a sidewalk cafe. (1) Ambulatory vendors, e.g., balloons or portraits (Zone 1, 2, 3). J(2) Mobile vending carts for food, flowers/plants, news- papers/magazines, etc. (Zone 2). (3) Sidewalk cafe (Zone 1, 2). (4) Stairways to basements. Pursuant to Chapter 104A of the Code of Iowa, stairways shall only be permitted when the business on the basement level has an alternate entrance which makes it accessible to the handicapped or otherwise complies with state law (Zone 1). (5) Display window extensions (Zone 1). (6) Building front and; or basement extensions provided the use of the extension is the same as the store ac- tivity (Zone 1). Supp. No. 13 642 ao3 N CITY PLAZA g 9.1-7 (7) Municipally owned kiosks. (8) Landscaping (Zone 1, 2). (9) Arts and crafts sales of handmade articles by an organized guild, association or club on an occasional basis (Zones 1 and 2). (10) Sales or exhibits by individual artists or artisans and food vending on a temporary basis for special events (Zone 1, 2, 3). Zone 3 users must be totally ambulatory. (11) Events of an educational or entertainment nature (Zone 1, 2, 3). Zone 3 users must be totally ambulatory. (b) Usable area: 1 7 (1) Zone 1: Permits may be issued for any part of Zone 1. Building extensions shall only be allowed where, in the sole judgment of the city council, such extensions enhance the quality of City Plaza. (2) Zone 2: The usable areas are as shown on the attached plaza diagrams. (3) Plaza landscaping may be modified or removed to a limited extent, if the net effect enhances the ambience of the City Plaza and if approved as part of the permit application. The applicant in such cases must agree to restore the plaza j landscaping to its original condition upon termination of the permit and provide a bond or escrow account in an amount determined by the city. (4) Zone 3: The area is to be used only for ambulatory vendors with its primary purpose to be maintained as an emer- gency/servicelane. (c) Days and hours of operation: Buildings extended onto the City Plaza are to be open at least during normal retail business hours, Monday through Saturday, throughout the year. Sidewalk cafes and mobile carts may operate seasonally but must be at least in operation substantially through normal retail business hours, Monday through Saturday, May 1 to October 1. Other months of operation may be granted by permit fm ambulatory Supp. No. 15 643 a? 03 J 9.1-7 IOWA CITY CODE vendors and mobile carts when the product is related to another season. (d) Noise control: Any request for the use of sound must be specifically approved and may be permitted only if it will encourage an audio ambience within the City Plaza, while at the same time protecting the general public from an overload, _ volume or type of sound that is disturbing or inappropriate for a pedestrian area Cross reference—City Plaza noise control provisions continued in effect by noise control ordinance, § 24.4.15. (e) Insurance and indemnification: The applicant shall agree to indemnify, defend and save harmless the City of Iowa City, its agents, officers and employees, from and against all claims, damages, losses and expenses in any man- ner resulting from, arising out of or connected with the construction, use, maintenance or removal of any structure, cart or use. The applicant shall at all times maintain a policy of liability insurance in the minimum amount of three hun- dred thousand dollars ($300,000.00) for personal injuries, and fifty thousand dollars ($50,000.00) for property dam- age arising out of the permitted operation. The applicant shall file, in the office of the city clerk, a copy of the liability insurance policy executed by a company authorized to do in- surance business in the State of Iowa in a form appproved by the city clerk. The policy shall further provide thirty (30) days' notice of cancellation or material change to the city clerk. Such cancellation or change without written approval shall automatically revoke the permit or lease. The city manager may waive the insurance requirements for any casual and/or temporary sales activity, or for any cultural or enter- tainment activity as he/she deems appropriate. (fl Performance time limits. Sidewalk cafes and mobile vending carts must be in operation within sixty (60) days of the start date provided for in the permit, or the permit approval shall automat- ically expire. Building extension shall be completed and in opera- tion within such reasonable time as said in the permit, as pro- vided in section 9.1.9(x). Supp. No. 15 644 a70 CITY PLAZA 1 9.1-8 (g) Maintenance: The applicant is responsible for maintaining the area within and in proximity to his/her location in a clean and hazard -free condition, including snow removal for a distance of ten (10) feet from any structure occupied by the applicant. Supplementary trash containers must be provided if considered necessary and specified in the lease or permit. All landscaping pro- vided by the applicant and the exterior of all structures and carts must be maintained in good condition by the applicant. (h) Illumination: Nighttime interior illumination of all build- ing fronts and basement extensions, display window extensions and basement stair wells is required during hours of operation. (i) Newspaper -vending machines: The city will make available, at a reasonable cost, space in the city -owned newspaper dispenser units on City Plaza. In the case of more applications than available space, a selection procedure that is deemed fair, reasonable and appropriate by the city shall be established. (j) Construction costs: All costs of construction are to be paid by the applicant, including costs of damage or repair to the City Plaza caused by the construction. (Ord. No. 78- 2894, § 7, 5.16-78; Ord. No. 82-3058, § 9, 4-27-82; Ord. No. 82.3085, § 2a—f, 10-26-82) Sec. 9.1-8. City Plaza use permits. (a) Mobile vendors: Specific locations have been designated within the boundaries of City Plaza for the operation of mobile vending carts. Each mobile vending permit shall carry with it the authoriza- tion to operate at one or two (2) designated locations. The vendor may sell in transit if a customer request is made, provided the primary trade shall be conducted at one of the designated locations. All lease applications for mobile vendor operations must be received at least four (4) weeks before the proposed start of the lease. I The city manager or his/her appointed designee may issue a permit t to operate a mobile vending cart in the public right-of-way of Citv Plaza after careful consideration and assurance that the following conditions have or will be met: Supp. No. 15 645 oW § 9.1.8 IOWA CITY CODE (1) An authorized designated mobile vending location is avail- able which will not interfere with the operation of an existing _ mobile vendor, the general use of City Plaza, and free move- i ment within the emergency/service lane. (2) The applicant's proposed mode of operation will not impede j 7 the free flow of pedestrian traffic along the City Plaza right- of-way, and in or out of retail establishments fronting on the plaza. !J (3) The applicant agrees to operate his/her business only within the boundaries of City Plaza and only at designated mobile vending locations or in transit between them. The applicant's permit may be revoked if these specified locations are not used. j— (4) The dimensions of the applicant's vending cart shall not I exceed a size of four (4) feet wide by eight (8) feet long by six i (6)feet high. (5) The applicant shall store the vending cart off the City Plaza and shall describe the provisions for storage in the permit application. " (6) The applicant has obtained all necessary permits required -. by'the Johnson County department of health. The sale or assignment of a mobile vending permit for City Plaza is _ expressly prohibited. The city reserves the right to revoke a permit as it deems necessary. (b) Ambulatory vendors: The city manager or his/her appointed designee may issue a permit for the purposes of ambulatory vending in the public right-of-way of City Plaza after careful consideration of the applicant's proposed business, and assurance that the follow- ing conditions have or will be met. All applications for ambulatory vendor operations must be received at least five (5) days before the proposed start of operations. (1) The applicant will operate without the use of a mobile vend- ing cart, and with a minimum of equipment. _ (2) im- pedeThe the 'free flowr of pedestrian traffic along the C tvosed made of operion neither 'Plaza Supp. No. 15 646 �G3 i CITY PLAZA § 9.1.8 right-of-way, nor shall it interfere with such pedestrian move- ment into or out of retail establishments fronting on the plaza. (3) The applicant will conduct his/her vending completely within the boundaries of City Plaza. (4) The applicant has obtained all necessary permits required by the Johnson County Department of Health. The sale or assignment of an ambulatory vending permit for City Plaza is expressly prohibited. (c) Other events: For all other events, an application for the use of City Plaza must be received at least ten (10) days before the start of the event. (d) Permanent and temporary structures: The city manager, I� upon approval of city council, may enter into an agreement for the 1 sale or lease of public right-of-way in the City Plaza for the con- struction of an addition to an existing store front or for the temporary or seasonal use of Zone 1 by the owner or operator of abutting property. Said lease or sale shall only be entered into after careful consideration and assurance that the following con- i ditions have or will be met: I Is (1) Building design: a: Additions to buildings shall be harmonious in scale and design with permanent neighboring structures and with the City Plaza. b. Materials shall be suitable for the style and design of buildings in which they are used. c. Materials which are architecturally harmonious shall be used for all building walls and other exterior building components wholly or partly visible from public ways. d. Selection of materials shall be guided by the following: 1. Harmony with adjoining buildings; 2. Relationship to the brick and wood theme of City Plaza; 3. Materials shall be of durable quality. Supp. No. 15 647 ao3 k i 4 71 I § 9.1.8 IOWA CITY CODE e. Building components, such as windows, doors, eaves, and parapets, shall have good proportions and relation- ship to one another. C Colors shall be selected for their harmony and/or ability to complement the color scheme of the City Plaza. g. Mechanical equipment or other utility hardware on roof, ground or buildings shall be screened from public view with materials harmonious with the building, or shall be located so as not to be visible from any public ways. h. Exterior lighting shall be part of the architectural con- cept. Fixtures, standards, and all exposed accessories shall be harmonious with building design. (2) Signs: a. All signs shall be part of the architectural concept. Size, color, lettering, location and arrangement shall be har- monious with the building design, and shall be compat- ible with signs on adjoining buildings. b. Materials used in signs shall have good architectural character and be harmonious with building design and the materials used in the City Plaza. c. Every sign shall express in scale and in proportion an appropriate visual relationship to buildings and sur- roundings. d. Colors shall be used harmoniously and with restraint. Excessive brightness and brilliant colors shall be avoid- ed. Lighting shall be harmonious with the design. If external spot lighting is used, it shall be arranged so that the light source is shielded from view. (3) Additional criteria: a. The design review committee may, from time to time, formulate additional design criteria for the review of proposed construction pursuant to this chapter. Such criteria shall become effective only when adopted by the city council by resolution. Supp. No. 15 M. MR ice•. CITY PLAZA § 9.1.9 b. No building permit for the construction of any tempo- rary structure or any building extension to be con- structed pursuant to this chapter shall be issued until plans for said construction have been reviewed by the design review committee and approved by the city council. The design review committee shall, within thirty (30) days of receipt of said plans, review the plans and advise approval, approval with conditions, or disapproval in a written report forwarded to the city council and the applicant. If the design review committee recommends approval with conditions, it shall require the affirmative vote of five (5) members of the city council to constitute city council approval pursuant to this section unless such conditions are .� met; and if the design review committee recommends _) disapproval, it shall require the affirmative vote of five (5) members of the city council to constitute city council approval pursuant to this section. (Ord. No. 78.2894, § 8, 5.16-78; Ord. No. 82.3058, § 10, 4.27.82; Ord. No. 82.3085, § 2g, h, 10.26.82) Sec. 9.1.9. Application procedures. (a) In order to obtain a permit pursuant to this chapter, the - applicant shall file an application with the city manager or his/her designee. In order to be considered, the applica- tion and attachments shall contain sufficient information to fully determine the intent of the applicant and to insure full compliance with this chapter. The city manager shall estab- lish the requirements for applications and shall establish the procedures for review of all applications. (b) Prior to the issuance of any permit or authorization of any lease which includes the construction of any improve- ments, the design of such improvements shall be submitted to the design review committee for review. The design review committee shall review the plans submitted and shall make a written recommendation to the city manager. (c) In cases where there may be more than one application for a particular location, or the city manager considers it in Supp. No. 15 649 ao..3 4 9.1-9 IOWA CITY CODE — the public interest to solicit proposals, the city manager shall establish such selection procedures as he/she deems fair, rea- sonable and appropriate. (d) Applications for a change of use shall follow the same procedure and be subject to the same review and approval criteria as new applications. (Ord. No. 78-2894, § 9, 5-16-78; Ord. No. 82-3058, § 11, 4-27-82) r. Sec. 9.1-10. Fees. A fee, if applicable, shall be paid within ten (10) days of the granting of the City Plaza use permit and before the permitted activity begins. The city council shall periodically review and revise, as appropriate, by resolution, fees for the lease of property and for the issuance of permits authorized herein. Failure to provide the applicable payment as specified in any lease agreement within ten (10) days of the prescribed time will result in a revocation of the lease and permit. (Ord. No. 78-2894, § 10, 5-16-78; Ord. No. 82-3058, § 12,4-27-82) Sec. 9.1.11. Renewal and termination. (a) Permits for permanent construction shall be for the term specified in the lease agreement or until terminated or revoked by the city manager pursuant to the lease agreement. (b) Other permits for specific locations are for one year, then renewable automatically for one additional year, pro- vided the permittee operated at least three (3) months dur- ing the first year. (c) Permits are nontransferable. Leases may be assigned or sublet only upon prior written approval of the city council. (d) Upon revocation or termination of any permit, the per- mittee shall be responsible for removing the structure and re- storing the permit area to its condition prior to the issuance of the permit. (Ord. No. 78-2894, § 11, 5-16-78; Ord. No. 82-3058, § 13,4-27-82) Supp. No. 15 ['Phe next page Is 8691 660 0?0 I