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HomeMy WebLinkAbout1983-12-06 ResolutionRESOLUTION NO. 83-377 RESOLUTION SETTING PUBLIC HEARING ON AN INDUSTR . DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PROGRAM ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the above-named project is to be held on the 20th day of December , 19 83, at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa - 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plan of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Lvnch and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald x Neuhauser x Perret Passed and approved this 6th day of December 19 83. ATTEST: y At�l� CITY CLERK .._...141CROFILMED BY.... ---._.II. _f t JORM MICR-ILAS t V -CEDAR R61nS • DE= MOINES t � MAYOR Roeaivad Z' Approved By Tlie local appadmenl a...�t��13�� 3076a City of Iowa Cit.- - MEMORANDUM Date: November 30, 1983 To: Neal Berlin and City Council From: Chuck Schmadeke C /4 Re: Industrial Waste Ordinance and Pretreatment Program The U.S. Environmental Protection Agency (EPA) and the Iowa Department of Water, Air, and Waste Management (IDWAWM) require that the City adopt an ordinance regulating indirect discharge to the municipal wastewater system for certain non-domestic users and, through enforcement of general requirements, for other users and provide enforcement thereof (Industrial Waste Ordinance). In addition, the City is required to pass a resolution at the time of the first reading of the Industrial Waste Ordinance authorizing the implementation and funding of a pretreatment program. Industrial Waste Ordinance This Ordinance is necessary to insure that pollutants discharged from industry do not inhibit wastewater treatment plant performance, exceed effluent standards established for the Iowa River, and adversely affect sludge quality established by IDWAWM for land application of sludge without a permit. Three local industries are required to have a pre- treatment program to meet the requirements of this ordinance. They are Procter and Gamble, Sheller -Globe, and T&B/Ansley. However, Iowa City has previously required wastewater treatment agreements from these three industries and therefore, they will not be adversely affected by this ordinance. Implementation and Funding of the Pretreatment ent Program The proposed Industrial Wastewater Ordinance and City Council resolutions Will regulate industrial wastewater discharges. The City will review categorical pretreatment standards, information submitted by industries, industrial effluent monitoring data, and water pollution control plant operating data to determine the need for resolutions of acceptance. the City will notify industries required to apply for acceptance of their wastes and will review applications. The City will monitor industrial effluent to insure compliance with pretreatment standards, City ordinances, and resolutions and to evaluate changes in industrial wastewater loadings on the water pollution control plant. New industrial users will be identified and evaluated following implementation of the pretreatment program. The Pollution Control Division presently monitors industrial waste and pretreatment facilities. The estimated annual cost of the City's present program is $10,000.00. The estimated additional cost of the proposed' pretreatment program is $400.00. MICROFILMED BY •.� JORM MICR+LAB i - CEDAR RAPIDS • DE: I401NE5 t 3,?G3 J _Z - Appeal Hearing appeal rights and judicial review shall be heard by the City Manager. The amounts of any expenses, losses, or damages to the City shall be fixed and determined by the City Council. The City Council is not named as the hearing board, as they are in the Sewer Use Ordinance, because of the District Court decision regarding the Sheller -Globe spill. The City presently charges Procter and Gamble, Sheller -Globe and T&B/ Ansley for the cost of sampling their wastewater. These sampling costs are a majority of the estimated pretreatment program cost. The additional pretreatment program costs to the City can be paid from the water pollution control plant budget. Costs to the City resulting from an illegal discharge of pollutants by an industry may be recovered from the responsible user. �, >.MICNDFILMEB BY_._ _..__..�. ._ l JORM . MICR+LAB. CEDAR RAPIDS • BES MINES 1 41 i RESOLUTION No. 83-378 RESOLUTION ACCEPTING THE WORK FOR A PORTION OF THE STORMER AND PARTTARY III,SINEIOWAPCOVEMENTS ITY, IOWA. TY'N 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, For the portion of sanitary sewer in Ty'n Cae Subdivision, Part III, in Iowa City, Iowa described as follows: From MH #5 to MH #4 to MH #3 to MH #2 to MH #1 to MH A to an exisalsoMH; a MH#6A so) rum MH. VA#6to B MH #6 to MH #6A to MH #6C; ng and, For the storm sewer in Ty'n Cae Subdivision, Part III, in Iowa City, Iowa described as follows: From Intake #1 to an existing intake; also, from Intake #3 to Intake #4 # t to oInIake #5#8 tIntake #6 to outlet; and also, o to t. The sanitary and storm sewer was cgnstructed by Knowling Brothers Contracting Company of Iowa City, Iowa. The above referenced manholes and intakes are as shown on the approved construction plans on file in the City Engineering Division. 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 Yn L ch and seconded by Dickson that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: i X Balmer X _ Dickson X Erdahl X Lynch McDonald X X Neuhauser X i Perret `.,. ....__... MICROFILMED OY...._ .�.. -. JORM MICR#LAB CEDAR RAPIDS • DEC MOINES 1 � J i haa;tvcd � Apnrovc�l By �T,home Legal D-.pnr1n1e1ftf 4 0 f I i i f i L. Passed and approved this 6th day of December 1983 L_ L waWNTIV ATTEST -h, --� (.1 CITY CLERK �..._.._..._.._.:_.141CkOFILMED.EfY.._._:_._..�_._ - JORIM MICR4LA9 -DEOAA RAPIDS DEC WINES I W, .. 1 f i j G ti S Y S .. 1 CITY OF I CIVIC CENFER 410 E. WASHINGTON ST. OWA CITY IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT November 30, 1983 Honorable Mayor and City Council � I Iowa City, Iowa p Dear Honorable Mayor and Councilpersons: i I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa I City. The required maintenance bond is on file in the City Clerk's 4 office. A portion of the sanitary and storm sewer improvements as described in the resolution; Ty'n Cae Subdivision, Part III, Iowa City, Iowa as constructed by Knowling Brothers Contracting Company, Iowa City, Iowa. i i I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. espe tfully su it ed, Frank K. Farmer City Engineer i j i .MICROFILMED aY !!I • .. -..�. - .1 j` JORM MICROLAB -CEDAR RAPIDS DEC MOINES 1 RESOLUTION N0. 83-379 RESOLUTION AUTHORIZING THE MAYOR TO SIGN A RIGHT , OF WAY ASSURANCE STATEMENT FOR FEDERAL AID PROJECTS WHEREAS, the Iowa Department of Transportation requires cities to comply with the provision of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act by furnishing assurances concerning acquisition of right of way for highway projects funded with Federal Aid funds to them. THEREFORE, BY CITY IOWA CIITY,IOWA, that Bthe TMayor rLisOhereby Eauthorized Cto sIL ign Ha rightE CITY of` way assurance statement for Federal Aid Projects. It was moved by Lmch and seconded by Dickson that the Resolution be be and upon roll call there were: AYES: NAYS: ABSENT: , 1 x BALMER x DICKSON ! X ERDAHL I R LYNCH 1 X MCDONALD X NEUHAUSER x PERRET i Passed and approved this 6th day of December, 1983.. j—1Ll�hd�a � . -i/l0 u i1� nr 1 >�o✓ ATTEST:e) AJ CITY CLERK � i i Poceivcd & By III 1)cpa,7nregf �.....•�'_ .....-.MIOROFILMED.BY_._..__..� _ t JORM MICR+LAB f CEDAR RAPIDS • DES MOINES i Return th=- form by December 12. 1983 PLEASE RETURN T0: Harold C. Schiel, P.E. Urban Systems Engineer Iowa Department of Transportation 800 Lincoln Way Ames, IA 50010 NAME OF CITY: Iowa Ci City's Representative to the City Engineer/Public Works Officials Committee: NAME: Charles J. Schmadeke TITLE: Director of Public Works ADDRESS: Civic Center, 410 E. Washington Street TELEPHONE: (319)-356-5141 Alternate, if desired: NAME: Francis K. Farmer TITLE: City Engineer ADDRESS: Civic Center 410E ton Street TELEPHONE: (319)-356-5143 Signa ure of Mayor Mary C. Neuhauser _...__..MICROFIWED BY. _...__.� t JORM MICR¢LAS -CEDAR RAPIDS •DES FIDI N[5 i 3a�S" ■ I I 1., • i I _i i f j j i Return th=- form by December 12. 1983 PLEASE RETURN T0: Harold C. Schiel, P.E. Urban Systems Engineer Iowa Department of Transportation 800 Lincoln Way Ames, IA 50010 NAME OF CITY: Iowa Ci City's Representative to the City Engineer/Public Works Officials Committee: NAME: Charles J. Schmadeke TITLE: Director of Public Works ADDRESS: Civic Center, 410 E. Washington Street TELEPHONE: (319)-356-5141 Alternate, if desired: NAME: Francis K. Farmer TITLE: City Engineer ADDRESS: Civic Center 410E ton Street TELEPHONE: (319)-356-5143 Signa ure of Mayor Mary C. Neuhauser _...__..MICROFIWED BY. _...__.� t JORM MICR¢LAS -CEDAR RAPIDS •DES FIDI N[5 i 3a�S" ■ Return to: Office of Local Systems Iowa DDT 800 Lincoln Way Ames, IA 50010 Return this form by December 12, 198? City Iowa City Subject: Assurances regarding future acquisition of right of way for highway projects funded with Federal -aid funds To comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, the City Councilof the cCites toothe Iowa City furnishes the following Iowa Department of Transportation. 1. It is the policy of the City of Iowa City to acquire right-of-way in accord with Title III of said 1970 Act and applicable state laws. 2. It is the policy of the City of Iowa City to p rovide relocation assistance benefits in accord with Title II of said 1970 Act and applicable state laws. 3. The above named City will contact the Iowa Department of Transportation for assistance as needed to assure compliance with applicable laws which are summarized in the instructions entitled "Right -of -Way Acquisition Policies and Procedures." December 6 1983 Mayor City Mary C. Neuhauser Date Approved .. _ MICROFILMED BY JORM MICR+LAB y I i CEDAR. RAPIDS • DES MOINES `i ti 3 z ii i �I jI p PN Return to: Office of Local Systems city Iowa City Iowa DOT 800 Lincoln Way Ames, IA 50070 Return this form by December 12, 198? Subject: Assurances regarding future acquisition of right of way for highway projects funded with Federal -aid funds To comply with the provisions of the 1970 Uniform Relocation Assistance and Land Acquisition Policies Act, the City Council of the City of Iowa City furnishes the following assurances to the Iowa Department of Transportation. I. It is the policy of the City of Iowa City to acquire right-of-way in accord with Title III of said 1970 Act and applicable state laws. 2. It is the policy of the Cityof Iowa City to provide relocation assistance benefits in accord with Title II of said 1970 Act and applicable state laws. 3. The above named City will contact the Iowa Department of Transportation for assistance as needed to assure compliance with applicable laws which are summarized in the instructions entitled "Right -of -Way Acquisition Policies and Procedures." December 6. 1983 —mi -Lu C., m9FJkA1la1z Date Approved Mayor of ity . Mary C. Neuhauser �. _.._ ..MICROFILMED ay. t JORM MICR4LAEI { i CEDAR RSR?OS • DE: MOINES i � RESOLUTION NO. 83-380 RESOLUTION APPROVING FINAL PLAT OF WEST SIDE PARK WHEREAS, the owner and proprietor, West Side -Co., an Iowa corporation, has filed with the City Clerk of Iowa City, Iowa, a plat and subdivision of West Side Park, an Addition to the City of Iowa City, Iowa, covering the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing at the N, corner of Section 20, T 79 N, R 6 W of 5 P.M. Johnson County, Iowa, and the point of beginning; thence due south, 2113.83 feet along the west line of the NE4 of said Section 20 to a point on the northeasterly R.O.W. line of U. S. Highway #218; thence continuing along said northeasterly R.O.W. line S 520 50' 05" E, 144.28 feet; thence S 621 19' 42" E, 692.80 feet; thence N 76° 14' 11" E, 198.37 feet to a point on the northwesterly R.O.W. line of Iowa Highway #1; thence continuing along said northwesterly R.O.W. line N 40° 17' 45" E, 624.68 feet; to a point on the East line of the WIC of the NE, of said Section 20; thence N 00 05' 29" E, 2007.93 feet to the NE corner of the NW, of the NE; of said Section 20; thence S 890 37' 07" W, 1328.44 feet along the No:th line of said Section 20 to the point of beginning. Said tract containing 70.97 acres more or less. and WHEREAS, said property is owned by the above-named corporation and the dedications as required by the Subdivision Ordinance of the City of Iowa have been made with the free con- sent and in accordance with the desires of said proprietor, and _- _t.,....... ..... MICROFIIMEDAY...__-..__.�_. .➢ORM MIOR¢LAB 1 -CEDAR RAPIDS DEC MOINES 3d V !r a a 2 J i i 1: I , i I I I I I I i t 'i j i * 1 I ,I -2- WHEREAS, said plat and subdivision has been examined by the Planning and Zoning Commission of Iowa City, and after due deliberation, said Commission has recommended that said plat and subdivision be accepted and approved, and WHEREAS, said plat and subdivision is found to conform with the requirements of the City Ordinance of the City of Iowa City, Iowa, with respect to the establishment of land subdi- visions, and with the requirements of Chapter 409 of the 1983 Code of Iowa and amendments thereto, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That said plat and subdivision of West Side Park, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa, and the dedication of the streets and easements set out therein is hereby accepted as by law provided. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed to certify a copy of this Resolution and of the final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. The subdivider shall be responsible for recording the final plat with all legal documents required pursuant to the provisions of Chapter 409, Code of Iowa, at the office of the County Recorder of Johnson County, Iowa, and returning a copy of such recorded documents to the office of .. _..MICR0F.11AED BY.._ JORM MICR+LAB �� r jj` CEDAR WPIOS DES MOINES 1� 3 -7 117 I i I f f I I I I I I ' -. -3- the City Clerk before the issuance of any building permits is authorized. It was moved by Balmer and seconded by McDonald the Resolution was adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer —� Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 6th day of December 1983. marriNeunauser, Mayor Cit7 of Iowa City, Iowa ATTEST: `) -A/)/� Ma an K. Karr, City Clerk, City of Iowa City, Iowa _...�.�_ _.._... MICROFILMED.DY_._._____� ._ JORM• MICR+LAB CEDAR ONDS DES I401N E5 t I •'O 'i i i I i i i c i 3,774P �a DEC 2'1983 AGREEMENT MARIAN K. KARR CITY CLERK (3) THIS AGREEMENT, made by and between West Side Co., an Iowa corporation, the owner and subdivider, hereinafter called the "Subdivider", and the City of Iowa City, Iowa, a municipal cor- poration, hereinafter called the "City", W I T N E S S E T 11 : 1. Consideration and Covenant. In consideration of the City approving the proposed sub- division known as West Side Park, an Addition to the City of Iowa City, Iowa, the Subdivider agrees as a covenant running with the land that the City shall not issue any building permit on any lots in said subdivision unless and until all streets, except Mormon Trek Boulevard, are paved with concrete at least 28 feet in width and water mains, storm sewers, and sanitary sewers have been installed and accepted by the City and sub- division erosion control measures have been approved and in- stalled as required by the City of Iowa City, Iowa, under its subdivision ordinance. Mormon Trek Boulevard is an existing street which was paved and constructed by the Iowa Department of Transportation 2. Storm Water Management Ordinance Compliance and Covenant. In consideration of the City approving the Subdivider's storm water management plan, and under the applicable pro- visions of Iowa City Ordinance Number 76-2807, dated September 20, 1976, and set forth in Chapter 33 of the Code of Ordinances, City of Iowa City, Iowa, the Subdivider agrees as covenant running with the land that the City shall not issue any building permit on any lots in said subdivision unless and until the proposed storm water management facility and neces- sary erosion control measures, as shown on the final plat, have been completed according to plans and specifications approved by the City. 3. Construction of Improvements. All such improvements as stated in Sections 1 and 2 of this Agreement shall be constructed and installed by the Subdi- vider according to the plans and specifications of the City of Iowa City, Iowa, with inspections by the City Engineer or des- ignate. Said inspections shall consist of occasional in- spection of the work in progress, but shall not relieve or re- lease the Subdivider from its responsibility to construct said improvements pursuant to said plans and specifications. 4. Sidewalks. The Subdivider is not required to install sidewalks at this time: However, the City may assess abutting lot owners for the installation of four (4) foot sidewalks in the event the City determines at a later time said sidewalks are neces- sary. The Subdivider for itself, its assigns or successors in interest, hereby waives all objections it or they may have to the resolution of necessity with respect to such sidewalks. _. _.... MICROFILMED BY JORM MICR+LAB { CEDAR RAPIDS • DEC MOINES I 3a .A -2- 5. Building Permit and Escrow Monies. It is further provided, however, that in the event the Subdivider, its assigns or successors in interest, should de- sire a building permit on any lot in said subdivision before pavement, water mains, storm sewers, storm water detention basin, and sanitary sewers have been installed, the Subdivider, its assigns or successors in interest, shall deposit with the City Clerk in escrow an amount equal to the cost of said im- provements plus ten percent (108) thereof as determined by the City Engineer's office of the City of Iowa City, Iowa. In addition to the escrow provided above, if subdivision erosion control measures have not been installed, with ground cover established by growth, the City may require, as a condi- tion to the issuance of the first building permit for con- struction within the subdivision, that the Subdivider deposit in escrow with the City the sum of $2,000.00 to cover the past or anticipated future cost of cleaning public streets, storm sewers, gutters or catch basins, the cleaning of which may be necessitated as a result of erosion from any lot or lots owned by the Subdivider, its successors and assigns. The unused bal- ance of the erosion cleanup escrow established herein shall be returned to the Subdivider after erosion control measures have been installed, and ground cover has been established by growth. The City may also require, as a condition to the issuance of a building permit on any lot in the subdivision that the owner of such lot deposit in escrow with the City the sum of ` $500.00, for each lot, for which a permit is requested to cover the past or anticipated future cost of cleaning public streets, storm sewers, gutters or catch basins, the cleaning of which may be necessitated as a result of erosion from said lot or j lots during construction. x i The Subdivider or individual lot owner shall be responsi- ble for the cost of such cleaning and to the extent that the Subdivider or any lot owner fails to accomplish cleanup after 's reasonable notice from the City, the City is hereby authorized to do such work and to charge the cost thereof to the escrow established for the lot from which the erosion came; provided that nothing herein shall be construed as requiring the City to do such cleanup. Upon request, the unused portion of any street cleaning erosion escrow established by a Lot owner under the preceding two paragraphs of this Section 5 shall be returned to such in- dividual lot owner within 30 days after an occupancy permit has been issued for said lot, provided that all erosion control j measures shall have been completed before the lot owner shall be entitled to demand the -return of said escrow deposit. When the foregoing escrow funds have been deposited, then i in that event the Building Inspector of the City shall issue a € building permit, provided that the applicant complies with all other requirements and ordinances of the City. G. Occupancy Permit. Prior to the issuance of an occupancy permit for any building erected pursuant to Section 5, the City in its dis- cretion may require the Subdivider, its assigns and successors in interest, to construct and install such improvements as stated in Sections 1 and 2. 3.7 7l 141CROFI.LHED..BY JORM MICR LA13 I CEDAR RAPIDS r DE: MOINES } t_ -3- 7. Use of Escrow Monies. If, after the issuance of a building permit, the improve- ments as stated in Sections 1 and 2 have not been constructed and installed, the City may use any funds deposited in escrow to construct and install such improvements. Should the cost of construction and installation of said improvements exceed the amount of said escrow, the City shall have a lien and charge against all the lots in the subdivision. The City shall refund to the depositor any escrow monies not used by the City after the construction and installation of such improvements. 8. Waiver. In the event Subdivider, its assigns or successors in in- terest, should sell or convey lots in said subdivision without having had constructed or installed the pavement, water mains, storm sewers, sanitary sewers and storm water management facil- ities, the City shall have the right to install and construct said improvements which shall be a lien and charge against all the lots in said subdivision. The cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. It is further provided that this requirement to i so construct said improvements is and shall remain a lien from date until properly released as hereinafter provided. i 9. Release. The City agrees when such improvements have been installed j to the satisfaction of the City it will upon request of the Subdivider, its assigns or successors in interest, promptly prepare and deliver to Subdivider for filing in the office of the County Recorder of Johnson County, Iowa, a good and suffi- cient release to various lots in said subdivision so that this Agreement will not constitute a cloud upon the title of the lots in said subdivision. 10. Street Maintenance. It is further provided that the Subdivider and its assigns and successors in interest agree that the public services in- cluding but not limited to street maintenance, snow removal, r need not be extended in said subdivision until the pavement is installed and accepted by the City. 11. Sanitary Sewer Lift Stations. In the event sanitary sewer lift stations are necessary for Lots 36 and 41 of said subdivision, the Subdivider and its assigns and successors in interest agree to be solely responsi- ble for the installation and maintenance of said lift stations. The City shall have no responsibility for said lift station. 12. Storm Sewer Surface Inlets. The City agrees that the three storm water surface inlets which will be constructed on the 20 foot by 20 foot storm ease- ment areas located on Lots 24 and 33; Lots 26, 27, 30, and 31; and Lot 28 shall be maintained by the City. The Subdivider and its successors in interest and assigns shall have no obligation relating thereto except the initial installation of said storm water surface inlets in accordance with plan and specifications approved by the City. ___....141CROFILME-D BY, l JORM MICR+LAB R •CEDAR RAPIDS - DE£ MOINES 3o?71 M It I i ff) l it I I i i -4- 13. Mormon Trek Boulevard Access. The Subdivider, its assigns or successors in interest, covenant and agree that Access Easements 1 and 2 which are shown on the final plat of said subdivision and which are located in Lots 38 and 41, respectively, shall be the only ac- cess points from Lots 36 through 41, inclusive, to Mormon Trek Boulevard. Lots 36, 37, 39, and 40 shall have no direct access to Mormon Trek Boulevard. In the event Lots 36 through 41, inclusive, are not sold as one or two tracts by the Subdivider, its assigns or succes- sors in interest, or in the event one of the lots without direct access on to Mormon Trek Boulevard is conveyed or trans- ferred without being granted a driveway easement to Access Easement 1 or Access Easement 2 as shown on the final plat of said subdivision, the owner or owners of lots without direct access are hereby granted, by this instrument, a driveway ease- ment across the adjacent lots to the nearest access easement as shown on the plat. The driveway easement shall be a twenty- five (25) foot strip of even width abutting the southerly line of the eighty (80) foot right-of-way of Mormon Trek Boulevard as shown on the plat, across the adjacent lot or lots to the nearest access easement as shown on the plat. DATED this d /L -t day of UeULW L , 1983. WEST SIDE C .r an Iowa corpora 'on By: . ypaerr ores ,secretary CITY OF IOWA CITY, IOWA BY: Jll i1y_ o l� Mary C Neuhauser, Mayor BY: )91QA1an0 _11! /`� Ma an K. Karr, City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this a' day of 1983, before me, the undersigned, a Notary Public in and for the. State of Iowa, personally appeared Earl M. Yoder and Charles A. Barker, to me known, who, being by me duly sworn, did say that they are the President and Secretary of said corporation executing the with- in and foregoing instrument to which this is attached, that the seal attached hereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the exe- cution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. 0.L16 J SepteeEeF7,1988 Not ry Public in an for the State of Iowa. Received & Approved By the Legal Dep2nl / J 3� ?1 _. �_� .._.. _.,... MICROFILMED DY - l JORM MICF?+LAB i CEDAR RAPIDS • DES MOINES •• 4 532 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this --&±L day of �¢n„n! 1963, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary C. Neuhauser and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing in- strument; that the seal affixed hereto is the seal of said mu- nicipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said Mary C. Neuhauser and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. ot�/ V1� ry L ub'in for the State of Iowa. __- ..._..._MICROFILMED JORM MICR+LAB -CEDAR RAPIDS DES MOINES 1 I 1 .­�4 DEDICATION OF WEST SIDE PARK, AN ADDITION TO TRE CITY OF IOWA CITY, IOWA KNOW ALL NEN 8Y THESE PRESENTS: That West Side Co., an Iowa corporation, whose principal place of business is in Iowa City, Johnson County, Iowa, being the owner in fee of all land included in West Side Park, an Addition to the City of Iowa City, Iowa, more particularly described as follows: Commencing at the N; corner of Section 20, T 79 N, R 6 14 of 5 P.M. Johnson County, Iowa, and the point of beginning; thence due south, 2113.83 feet along the west line of the NE4 of said Section 20 to a point on the northeasterly R.O.W. line of U.S. Highway @218; thence continuing along said northeasterly R.O.W. line S 520 50' 05" E, 144.28 feet; thence S 620 19' 42" E, 692.80 feet; thence N 760 14' 11" E, 198.37 feet to a point on the northwesterly R.O.W. line of Iowa Bighway fl; thence continuing along said northwesterly R.O.W. line N 400 17' 45" E, 624.68 feet; to a point on the East line of the tq� of the NE; of said Section 20; thence N 0' 05' 29" E, 2007.93 feet to the NE corner of the NW, of the NE4 of said Section'20; thence S 890 37' 07" W, 1328.44 feet along the North line of said Section 20 to the point of beginning. Said tract containing 70.97 acres more or less. has caused a plat and subdivision of said land to be made and the lots, and streets to be marked and named and numbered, all as shown by plat dated , which plat is attached hereto so that the same may be recorded and hereinafter known as and designated as: West Side Park, an Addition to the City of Iowa City, Iowa, and the said West Side Co; hereby acknowledges the subdivision of said land shown by said plat and subdivision to be by its free.consent and in accordance with its desire, and does hereby set apart and dedicate, as provided by Chapter 409 of the 1983 Code of Iowa and amendments thereto, to the public use forever all land included and shown on said plats as public streets; drainage storm and sanitary sewer easements; and all public utility easements. } � ....1416ROFIL111ED.BY_.._._.�.. j DORM MIC R+LAB CEDAR VA 105 - DEE MOINES 3.R 7f n i DEDICATION OF WEST SIDE PARK, AN ADDITION TO TRE CITY OF IOWA CITY, IOWA KNOW ALL NEN 8Y THESE PRESENTS: That West Side Co., an Iowa corporation, whose principal place of business is in Iowa City, Johnson County, Iowa, being the owner in fee of all land included in West Side Park, an Addition to the City of Iowa City, Iowa, more particularly described as follows: Commencing at the N; corner of Section 20, T 79 N, R 6 14 of 5 P.M. Johnson County, Iowa, and the point of beginning; thence due south, 2113.83 feet along the west line of the NE4 of said Section 20 to a point on the northeasterly R.O.W. line of U.S. Highway @218; thence continuing along said northeasterly R.O.W. line S 520 50' 05" E, 144.28 feet; thence S 620 19' 42" E, 692.80 feet; thence N 760 14' 11" E, 198.37 feet to a point on the northwesterly R.O.W. line of Iowa Bighway fl; thence continuing along said northwesterly R.O.W. line N 400 17' 45" E, 624.68 feet; to a point on the East line of the tq� of the NE; of said Section 20; thence N 0' 05' 29" E, 2007.93 feet to the NE corner of the NW, of the NE4 of said Section'20; thence S 890 37' 07" W, 1328.44 feet along the North line of said Section 20 to the point of beginning. Said tract containing 70.97 acres more or less. has caused a plat and subdivision of said land to be made and the lots, and streets to be marked and named and numbered, all as shown by plat dated , which plat is attached hereto so that the same may be recorded and hereinafter known as and designated as: West Side Park, an Addition to the City of Iowa City, Iowa, and the said West Side Co; hereby acknowledges the subdivision of said land shown by said plat and subdivision to be by its free.consent and in accordance with its desire, and does hereby set apart and dedicate, as provided by Chapter 409 of the 1983 Code of Iowa and amendments thereto, to the public use forever all land included and shown on said plats as public streets; drainage storm and sanitary sewer easements; and all public utility easements. } � ....1416ROFIL111ED.BY_.._._.�.. j DORM MIC R+LAB CEDAR VA 105 - DEE MOINES 3.R 7f n Y IWZ IN WITNESS WHEREOF, we have hereunto set our hands on this day of Z lL 1983. WEST SIDE CO., an Iowa C:nrnnration M M STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ' day of V/ ' , 1983, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl M. Yoder and Charles A. that they are the to meY known, who, being by me duly sworn, did say President and Secretary of said corporation executing the hat within and foregoing instrument to which this is attached, the seal attached hereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said instrument to be bth them voluntary voluntarily act and deed of said corporation, by axacuted. 10 oMEWelaEs 7. � for t e Notar—Pu Tiiic n an State of Iowa. .....�.�•'..:._,...,IdILROEILNEDRY_.---_�. . JORM MICR+LAS )! •CEDAR RAPIDS DES 101NES 1 Received d, Approv041 By he Legal Dep eM 3.? 7a' STORM SEWER AND DRAINAGE EASEMENT THIS AGREEMENT, made and entered into by and between West Side Co., an Iowa corporation, of Iowa City, Iowa, First Party, which expression shall include their successors in interest and assigns and the City of Iowa City, Iowa, Second Party, which expression shall include their successors in interest and assigns, WITNESSETH: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, i the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party an easement for the purposes i of excavating for and the installation, replacement, mainte- nance and use of such storm sewage lines, pipes, mains, and i j conduits as Second Party shall from time to time elect for con- . , veying storm water with all necessary appliances and fittings for use in connection with said pipe lines, together with ade- quate protection therefore, and also a right of way, with right of ingress and egress thereto, over and across all the area n described as "storm easement" on the final plat of WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA, which plat is attached to this easement and by this reference made a part hereof. First Party further grants to Second Party: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said line to such extent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Par- ty may be a hazard to said lines or may interfere with the ex- ercise of Second Party's rights hereunder in any manner. 3a 7d' DORM MIGR6LAB i I CEDAR RAPIDS • DE£ MOINES 1 I 44 -2- 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjoy- ment of the rights hereby granted; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstructions on said area, or diminish or substantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. DATED this day of 1983. WEST SIDE CO., an Iowa corporation BN By CITY OF IOWA CITY, IOWA BY: ae_ Mary C 6Neu auser, Mayor BY: Ma . an K. Karr, city Clerk — Received & APP10"Id By T LM J Dept menl .-MICROFILMED BY _....J' _. t JORM MIGR+LAB i CEDAR RAPIDS - DES 140TnES 1 i 3 .,3 7e -3- STATE OF IOWA ) SS: JOHNSON COUNTY ) On this �e day of �LaPOV-yL. , 1983, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl M. Yoder and Charles A. Barker, to me known, who, being by me duly sworn, did say that they are the President and Secretary of said corporation executing the within and foregoing instrument to which this is attached, that the seal attached hereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. �,y D.L CHELF ^ 3�gR�p71E9863 Notary Public in ancV for the State of Iowa. STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this _(CfLL day of D4_� , 1983, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary C. Neuhauser and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing in- strument; that the seal affixed hereto is the seal of said mu- nicipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said Mary C. Neuhauser and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. of ry P blic in and for the State of Iowa. 3d 78 �.... �.�. MICROFILMED BY l JORM MICR+LAO r CEDAR RAIDS • DES NAINES 1 t 1 __ . 1 14, SANITARY SEWER EASEMENT THIS AGREEMENT, made and entered into by and between West Side Co., an Iowa corporation, of Iowa City, Iowa, First Party, which expression shall include their successors in interest and assigns and the City of Iowa City, Iowa, Second Party, which expression shall include their successors in interest and assigns, WITNESSETII: It is hereby agreed as follows: For the sum of $1.00 plus other valuable consideration, the receipt of which is hereby acknowledged, First Party hereby grants and conveys to Second Party an easement for the purposes of excavating for and the installation, replacement, mainte- nance and use of such sanitary sewage lines, pipes, mains, and conduits as Second Party shall from time to time elect for con- veying sewage and all necessary appliances and fittings for use in connection with said pipe lines, together with adequate pro- tection therefore, and also a right of way, with right of in- gress and egress thereto, over and across all the area de- scribed as "sanitary easement" on the final plat of WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA, which plat is attached to this easement and by this reference made a part hereof. First Party further grants to Second Party: 1. The right of grading said strip for the full width thereof and to extend the cuts and fills for such grading into and on said lands along and outside of said line to such extent as Second Party may find reasonably necessary. 2. The right from time to time to trim and to cut down and clear away any and all trees and brush on said strip and to trim and to cut down and clear away any trees on either side of said strip which now or hereafter in the opinion of Second Par- ty may be 'a hazard to said lines or may interfere with the ex- ercise of Second Party's rights hereunder in any manner. _. _...... _MICRO FILMED..BY_....___..� JORM MICR+LA9 1 S CEDAR RAPIDS - DES MOINES E � 1 317700 d .1� I j 4 i I 1 i -2- 3. Second Party shall indemnify First Party against any loss and damage which shall be caused by the exercise of said ingress and egress, construction, maintenance or by any wrong- ful or negligent act, omission of Second Party or of its agents or employees in the course of their employment. First Party reserves the right to use said strips for pur- poses which will not interfere with Second Party's full enjoy- ment of the rights hereby granted; provided that First Party shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstructions on said area, or diminish or substantially add to the ground cover over said pipe lines. First Party does hereby covenant with Second Party that they are lawfully seized and possessed of the real estate above described; that they have a good and lawful right to convey it, or any part thereof. The provisions hereby shall inure to the benefit of and bind the successors and assigns of the respective parties here- to, and all covenants shall apply to and run with the land. DATED this day of 1983. WEST SIDE CO., an Iowa corporation BS By CITY OF IOWA CITY, IOWA BY: _Nam C.PIIYA/a1l_aet� Mary Ce Neuhauser, Mayor BY: yl(mer J -C. ZO.J Mar an K. Karr, City Clerk Received & ::' .. •. By�I�a . Legal Depart nanl 1C�....�.. / P� MICROF I U•IED. 8Y...1. t JORM MIC R+LA© J CEDAR RAPIDS • DES MOINES _I ) 3w?7P -3- STATE OF IOWA ) SS: JOHNSON COUNTY ) On this day of �"' LtWL, , 1983, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Earl M. Yoder and Charles A. Barker, to me known, who, being by me duly sworn, did say that they are the President and Secretary of said corporation executing the within and foregoing instrument to which this is attached, that the seal attached hereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of: said corporation, by it and by them voluntarily executed, D. CMEI WYt0lwMSM E1v18Es Sephmbw7,1988 -� Notary Public` in aJd for the State of Iowa. STATE OF IOWA ) SS: JOHNSON COUNTY ) On this u u• day of 00/'e1V?L1r2n 1983, before ne, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary C. Neuhauser and Marian K. Karr, to me personally known, who, being by me duly sworn, did say that they are the'Mayor and City Clerk, respectively, of said nunicipal corporation executing the within and foregoing in- strument; that the seal affixed hereto is the seal of said mu- nicipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said Mary C, Neuhauser and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said nunicipal corporation, by it and by them voluntarily executed. my P/bile ln�_$nd tor the State of Iowa. _.. ... _.....MICROFILMED.BY_ JORM MICR+LAEI ( tt I CEOPR RAPIDS - DE- MORIES 3,? ;?f r4 .-7 STORM WATER MANAGEMENT EASEMENT THIS AGREEMENT, made and entered into by and between West- Side estSide Co., an Iowa corporation, of Iowa City, Iowa, hereinafter referred to as "Subdivider" and the City of Iowa City, Iowa, hereinafter referred to as "City". For the sum of one Dollar ($1.00) and other valuable con- sideration, the receipt of which is hereby acknowledged by the Subdivider, the Subdivider hereby grants to the City an ease- ment for the purpose of operating and maintaining a storm water control storage area structure and storm water or otherwise I known as a storm water detention basin over and across the following described real estate: Commencing at the N ; corner of Section 20, T d h 6 W of the 5th p.M., Johnson County, Iowa, and the I i point of beginning; thence due south, 242.62 feet along the west line of t 1328 06 feet to ae NE 1,4' Of saide po ctint on thence N 89 35 04 E, the east line of the W "S of the NE ; of said Section 20; thence N 0° 05' 29" E, 241.83 feet along said the 11E 4 Of east line to the thencecorner 890 37e 07"NW 4w,f1328.44 feet said Section 20; along the north line of said Section 20 t� thepoint of beginning. Said easement containing more or less. Subdivider further grants to the City the following rights i in connection with the above: 1. d egress thereto over the ex - The right of ingress an fisting storm sewer easement and from the adjoining dedicated street right of way. 2. The right to grade and regrade the area included with in the storm water detention basin provided that the City shall promptly reseed any areas upon which such grading and regrading has been accomplished. time to trim and cut down and 3. The right from time to clear away all trees and brush within said storm water de- or hereafter, in the opinion of the tention basin which now natural City, may interfere with the passage of the storm water through the storm water storage area, provided that any damage a shall be promptly repaired by to the storm water storage are the City. III CROFILMEO BY......___.,. � l JORM MIC R4LA13 i CEDAR RAPIDS • DEE MOINES Eva 4. The Subdivider and its successors and assigns reserve the right to use the storm water detention basin area for any purpose which will not interfere with the City's full enjoyment of the rights herein granted; provided that the Subdivider or its successors in interest shall not erect or construct any buildings, fences, or other structures or obstructions on said areas, or substantially add to the ground cover on said areas. 5. Subject to the easement rights granted the City, the owners of Lots 9, 10, 11, 12, 13 and 14, WEST SIDE PARK, AN ADDITION TO IOWA CITY, IOWA, whether said lots be improved or unimproved, shall keep such lots free from weeds and debris and shall maintain the entire lot so as to minimize erosion in and around said control structure and storm water storage area. 6. The Subdivider does hereby covenant with the City that it is lawfully seized and possessed of the real estate above described and that it has a good and lawful right to convey the same.. 7. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land DATED this day of 3UL , 1963. WEST SIDE CO., an Iowa corporation M 4o CITY OF IOWA CITY, IOWA BY: h.IIJ � I��1Aai Mary C Neuhauser, Mayor BY:�i.�nJ 'lY 4jwi1� Manian K. Karr, city Clerk Received A Approves By the Legal DepIdmard .._.......MICROFILMED BY...__._...'..... 4 JORM MICR#LAB CEDAR R41DS • DES MOINES t t 3o3 7� (1 I -3- STATE OF IOWA ) SS: JOHNSON COUNTY aa) On this day of &1w)lt(�ll�. 1983, before me, the undersigne a Notary Public in and for the State of Iowa, personally appeared Earl N. Yoder and Charles A. Barker, to me known, who, being by me duly sworn, did say that they are the President and Secretary of said corporation executing the within and foregoing instrument to which this is attached, that the seal attached hereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said President and Secretary as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. D. L CEIEIF :My �pa7,1986 Nota y Public in and or the State of Iowa. STATE OF IOWA ) SS; JOHNSON COUNTY ) on this -/4C- day of r ,j f 1983, before me , the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary C_ Neuhauser and Marian K. Rarr, to me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing in- strument; that the seal affixed hereto is the seal of said mu- nicipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of the City Council of said municipal corporation, and that the said Mary C. Neuhauser and Marian K. Karr acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. i lqotar y`PAIDI`-.n d for the tState of Iowa. i t r 378' l JORM MECR4LAS CEDAR RAbl DS • DE-- MOINES L I TITLE OPINION I, Charles A. Barker, a practicing attorney in Iowa City, Iowa, do hereby certify that I have examined an abstract of title to West Side Park, an Addition to the City of Iowa City, Iowa, and it is located upon the following described tract of land, to -wit: Commencing at the N; corner of Section 20, T 79 N, R 6 W of 5 P.M. Johnson County, Iowa, and the point of beginning; thence due south, 2113.83 feet along the west line of the NE4 of said Section 20 to a point on the northeasterly R.O.W. line of U.S. Highway #218; thence continuing along said northeasterly R.O.W. line S 520 50' 05" E, 144.28 feet; thence S 620 19' 42" E, 692.80 feet; thence N 760 14' 11" E, 198.37 feet to a point on the northwesterly R.O.W. line j of Iowa Highway #1; thence continuing along ! said northwesterly R.O.W. line N 400 17' 45" E, 624.68 feet; to a point on the East line of the W� of the NE; of said Section 20; thence N 00 05' 29" E, 2007.93 feet to the NE corner of the NA of the NE; of said Section 20; thence S 89° 37' 07" W, 1328.44 feet along the North line of said Section 20 to the point of beginning. Said tract containing 70.97 acres more or less. -� That in my opinion the fee title is in West Side Co., an Iowa corporation, and that all land in said subdivision is free from liens and encumbrances, except for Easement for Public Highway recorded at Book 593, page 290, Records of Johnson County, Iowa. DATED at Iowa City, Iowa, this 6A� day of ! h, i 1983. - i ;I C axles A. Barker 311 Iowa Avenue P.O. Box 2000 c Iowa City, IA 52244 e � _ I i i ! I i Received It t•rr:a7 By T, al j) rt enl 3.? 7-f ,.. ._ .....MICROFILMED DY...._.:.. _.f..._ JORM MICR¢LAB 11 4 CEDAR RAPIDS DES MOINES 1 .%i STATE OF IOWA ) ) SS: JOHNSON COUNTY ) CLERK'S CERTIFICATE I, Mary A. Conklin, hereby certify that I am Clerk of the District Court of Johnson County, Iowa, and that the property described as follows, to -wit: Commencing at the N, corner of Section 20, T 79 N, R 6 W of 5 P.M. Johnson County, Iowa, and the point of beginning; thence due south, 2113.83 feet along the west line of the NE4 of said Section 20 to a point on the northeasterly R.O.W. line of U. S. Highway #218; thence continuing along said northeasterly R.O.W. line S 520 50' 05" E, 144.28 feet; thence S 620 19' 42" E, 692.80 feet; thence N 760 14' 11" E, 198.37 feet to a point on the northwesterly R.O.W. line of Iowa Highway #1; thence continuing along said northwesterly R.O.W. line N 400 17' 45" E, 624.68 feet; to a point on the East line of the W; of the NE; of said Section 20; thence N 00 05' 29" E, 2007.93 feet to the NE corner of the NW; of the NE; of said Section 20; thence S 890 37' 07" W, 1328.44 feet along the North line of said Section 20 to the point of beginning. Said tract containing 70.97 acres more or less. and shown on the plat attached hereto and known and designated as West Side Park, an Addition to the City of Iowa City, Iowa, is free from all judgments, attachments, mechanic's or other liens as appear in the records of my office. I DATED at Iowa City, Iowa, this /-:2 day of��'^ . 1983. MARY CONKLIN, C erk of t e Dist ict Court in and for j Johnson County, Iowa } t� 8 bcOvsd i Approved FlyThhs leW psry.r}�M 2,7 71' T.. �,..•. _. _..111CROPILMED.OY_ ...._...�. JORM MICR+LAB - CEDAR POIDS • DES MOINES ; i ny STATE OF IOWA ) ) SS: JOHNSON COUNTY ) CERTIFICATE OF RECORDER I, John E. O'Neill, hereby certify that I am the County Recorder of Johnson County, Iowa, and that the title in fee to the property described as follows, to -wit: Commencing at the N; corner of Section 20, T 79 N, R 6 W of 5 P.M. Johnson County, Iowa, and the point of beginning; thence due south, 2113.83 feet along the west line of the NE; of said Section 20 to a point on the northeasterly R.O.W. line of U. S. Highway 4218; thence continuing along said northeasterly R.O.W. line S 52° 50' 05" E, 144.28 feet; thence S 620 19' 42" E, 692.80 feet; thence N 760 14' 11" E, 198.37 feet to a point on the northwesterly R.O.W. line of Iowa Highway #1; thence continuing along said northwesterly R.O.W. line N 40° 17' 45" E, 624.68 feet; to a point on the East line of the W35 of the NES. of said Section 20; thence N 00 05' 29" E, 2007.93 feet to the NE corner of the NWS of the NE; of said Section 20; thence S 890 37' 07" W, 1328.44 feet along the North line of said Section 20 to the point of beginning. Said tract containing 70.97 acres more or less. and shown on the plat attached hereto and known and designated as West Side Park, an Addition to the City of Iowa City, Iowa, is in West Side Co., an Iowa corporation, and that the property contained in said West Side Park, an Addition to the City of Iowa City, Iowa, is free from liens and encumbrances, except for Easement for Public Highway recorded at Book 593, page 290, Records of Johnson County, Iowa. 1983. DATED at Iowa City, Iowa, this _/,:) day of J, �.. tri l•' ~ �'/i! %,/✓� ✓JOHN E.O'NZILL, Recorder Johnson County, Iowa. t� Received & Approved By The Legal Depalhnent i �..,,:._.....__.._MICROFILMED.DY......._._ JORM MICROLAB CEDAR RAPIDS • DES MOVIES �� 0 STATE OF IOWA JOHNSON COUNTY CERTIFICATE OF COUNTY TREASURER SS: I, Donald J. Hrall, hereby certify that I am the County Treasurer of Johnson County, Iowa, and that the property de- scribed as follows, to -wit: Commencing at the Na corner of Section 20, T 79 N, R 6 W of 5 P.M. Johnson County, Iowa, and the point of beginning; thence due south, 2113.83 feet along the west line of the NE4 of said Section 20 to a point on the northeasterly R.O.W. line of U. S. Highway #218; thence continuing along said northeasterly R.O.W. line S 521 501 0511 E, 144.28 feet; thence S 620 191 4211 E, 692.80 feet; thence N 760 141 11" E, 198.37 feet to a point on the northwesterly R.O.W. line of Iowa Highway #1; thence continuing along said northwesterly R.O.W. line N 400 171 4511 E, 624.68 feet; to a point on the East line of the Wk of the NE; of said Section 20; thence N 00 051 2911 E, 2007.93 feet to the NE corner of the NW; of the NE4 of said Section 20; thence S 890 371 07" W, 1328.44 feet along the North line of said Section 20 to the point of beginning. Said tract containing 70.97 acres more or less. and shown on the plat attached hereto and known and designated as West Side Park, an Addition to the City of Iowa City, Iowa, is free from taxes. 1983. DATED at Iowa City, Iowa, this ,:: day of t!.•+ r • �Ja: di c'l. �L LrYt �• .Tl_G,fu.GtA-� J -a DONALD'J. RALL, Tre!!!la ur Johnson County, Iowa, 80 Rudod 8 approved by the Legnl be artmeN .0-;. �.....,__.. MICROFILI 6 BY JORM MICR4LA9 J CEDAR RANDS • DES MOINES 2 1 t 3.� 71 II —1 Td STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: West Side Park - Date: November 17, 1983 Preliminary & Final Subdivision Plat. S-8329. GENERAL INFORMATION Applicant: West Side Company P.O. Box 2000 1 Iowa City, IA 52244 Requested action: Approval of preliminary and final subdivision plat. I i f Purpose: Future development of 41 commercial lots. Location: North of the intersection of 1 Highway I West and Mormon Trek ! rea l igned . c Size: 70.97 acres Comprehensive plan update: General Commercial Existing land use and zoning: Undeveloped; C2 II Y Surrounding land use and zoning: North Undeveloped; RIA i East - General Commercial; County CH South Undeveloped; county CH West Undeveloped and residential; RIB i Applicable regulations: Provisions of the subdivision ( - code, the stormwater management i ordinance, and the airport j overlay zone. 45day limitation period: December 5, 1983 60 -day limitation period: December 19, 1983 ADDITIONAL INFORMATION Public utilities: Access to city sewer and water are available. Public services: Municipal police and fire 1 i protection will be provided. Transportation: Access is via Mormon Trek j realigned. .�EMICOFILMED BY. _.I •, MICR( LAB 1BS • DE' MOINES I 2 Physical characteristics: Hilly with natural drainageways flowing from south to north and west. ANALYSIS An application has been submitted for approval of a preliminary and final subdivision of 41 commercial lots in southwest Iowa City, north of the U.S. Highway 218 and Highway I West interchange. The subdivision is southeast of Ty'n Cae Part III. Six of the commercial lots will abut the residential lots of Ty'n Cae and may require screening. However, 890 feet of the residential lots have a 70 foot drainage easement in their rear yards; the closest residential structures to the commercial lots will be 30 feet from the lot line. Development within the subdivision requested will be subject to the Airport Overlay Zone. The attached map indicates that portion subject to the use restrictions of the clear zone and height restrictions of the approach and transitional zones. The issuance of building permits will be restricted in accordance with these overlays. The clear zone use restrictions will have a limited impact on Lot 3. The approach and transitional zones will limit the height of buildings on approximately one-third of the development. The approach and transitional zones do not place use restrictions on the underlying property, with the exception of prohibitions on sanitary landfills. There are two access questions raised with this subdivision. Mormon Trek Boulevard is a limited access roadway. At the point at which West Side Park will feed into Mormon Trek, the street is curved and hilly. Visibility problems combined with rapidly moving traffic argue for minimizing the number of points at which vehicles will be entering and leaving the traffic flow. The applicants have been requested to provide a frontage road or an access easement for a private driveway across lots 36-41 with no more than two access points to Mormon Trek Boulevard. The second access question concerns the continuity of streets and access to adjoining undeveloped property. The street design submitted is self-contained; there is no provision for access to any other adjoining property. To the north the existence of Willow Creek and the planned continuation of Aber Avenue do not necessitate any extension of streets north out of West Side Park. Similarly, to the south U.S. Highway 218 and Highway 1 obviate the need for any street extension. The properties to the east of West Side Park have access directly off of Highway 1 and Willow Creek Drive; the owner of the property has expressed no particular interest in or need for additional access across West Side Company's land. West of the southerly portion of West Side Park is a piece of undeveloped land which will require access at some time. The property to the west of West Side Park and south of Ty'n Cae Part III is currently being considered for annexation. The parcel is a three acre tract which, due to its location and topography, has problems with the provision of safe access from Mormon Trek realigned. The grade of the tract is considerably lower than the surface of Mormon Trek Boulevard and would necessitate extensive fill for access directly to Mormon Trek. Assuming that filling could be done, vehicular entry along a curve on a hill would create a hazardous point of access to and from Mormon Trek Boulevard. Ty'n Cae Part III, to the north, will be developing as mutli-family residential along Ty'n Cae's southern boundary Without any roads stubbed out to the south. West Side Park will be developing as commercial on its western boundary, next to the three acre tract. The Comprehensive Plan Update shows the three acre tract as commercial }l ......111CROFll ED.13Y 1LD.6Y ` JORM MICR+LAEI ? CEDAR R410S • DE= "IDINES 34 V 1 r. 3 property. A street, or an access easement for a future street, through Lot 20 of west Side Park is necessary to provide safe access to the newly annexed property and integrate the use of the two tracts. The owner of the three acre tract has been contacted regarding his willingness to be voluntarily annexed. New subdivisions are generally required to provide for the installation of sidewalks within one year of plat approval. West Side Drive and Earl Road will serve commercial uses not normally patronized by pedestrian traffic. Mormon Trek Boulevard will serve a larger area and will, at some point, need the typical 4' walk or, possibly, an B foot surface to accommadate bicycle and pedestrian traffic. However, currently the sidewalk on Mormon Trek Is not extended far enough south, nor is such an extension planned In the near future, to rationalize provision of a sidewalk on Mormon Trek within the West Side development at this time- The staff recommends that sidewalks not be required with subdivision approval, but that a waiver of Future assessment be provided. STAFF RECOMMENDATION Staff recommends approval of the preliminary and final subdivision plat of West Side Park upon resolution of the deficiencies and discrepancies cited below. DEFICIENCIES AND DISCREPANCIES 1. Streets: a. Provide frontage road, or an access easement, along Lots 36-41 so that there are no more than two access points to Mormon Trek. b. Provide access to the property west of West Side Park with a road or an access easement across Lot 20. 2_ Revised subdividers agreement regarding private maintenance of potential lift stations on Lots 36 and 41. ATTACHMENTS I. Location map. ACCOMPANIPAE14 TS I. Preliminary and final plat. Approved by: ;Onald c melser, Director Departm nt of Planning & Program Development __141CROFILMEIR BY,....__,..�. - °1 JORM Mtcrr+-A6 CEDAR RAT eE� M011lES i i V. LL; �_. MICRDFILFIED 6Y ...I. ` JORM MICR¢L AB �, CEDAR RAP?DS DE: MOINES i City of Iowa Cit„ MEMORANDUM Bate: November 17, 1983 To: Planning and Zoning Commissi From : Karin Frankl in , Planner Re: Vest Side Park 5-8329 In I igh-t D f P9r. Yoder 's comments at the i nformal meeting of November 14, the Plawid ng staff and the Traff is Engineer have reconsidered the staff's position regarding the question of access to the property west of West Side Park, and maintain the position that this access is necessary for the safe and proper development of the area. We assume that commercial development of some type will take place on the three acre tract due to the fact that integration with the northern residential development is cut off by that development's plan, the three acre tract is highly visible and, therefore, economically attractive for a commercial site, and the comprehensive plan shows this area as developing commercial ly, there are essential ly three matters of concern: 1. the number of safe points of access to Mormon Trek from the three ; acre tract; 1 2. the ability of the City to limit access to Mormon Trek and the development potential of the three acres if access is cut off from the east by an action of the City; and, 3. the traffic generated on Mormon Trek by two adjacent but disconnected commercial areas whi ch wi 11 potential ly have common customers. The point of direct access to Mormon Trek requiring the least fill is at the boundary between West Side Park and the three acres, It is at this Point that traffic exiting to Mormon Trek has the least sight distance to and from traffic from the east coming over the hill. The most desirable i point for access in terms of sight distance is toward the northerly part of the three acre tract where the grade differential between the road and the tractisgreatest, thus requiring the most fill_ I If by the City's action of approval of the subdivision of West Side Park, i a means of access which could be available is cut off, the Citywill have diffi cul ty limiting access to the three acre tract and imposing the financia 1 burden of filling the area required for the most desirable means of access. The third factor to be considered if access from the east i s not provided is the potential for traffic generation from the commercial use of one area usi ng Mormon Trek Boulevard as a 1 ocal street to gain access to the commercial use of the other area, This situation could be easily avoided by provision of access from the east at this time. r..EROFIL4ED . BY MICR/�LAH LI S •DES MOVIES .� ■ M 2 The staff recommends approval of West Side Park upon the provi Sion of a 50 foot right-of-way and a street across the north lot line of Lot 20, subject to final approval of the legal papers. bdw4/8-9 cc: Jim Brachtel Don Schmeiser Neal Berlin West Side Company 1 MICROFILMED aY �.. JORM MICR�I-AB CEDAR RAPIDS OES M(MNES I V 1. - i f I M 2 The staff recommends approval of West Side Park upon the provi Sion of a 50 foot right-of-way and a street across the north lot line of Lot 20, subject to final approval of the legal papers. bdw4/8-9 cc: Jim Brachtel Don Schmeiser Neal Berlin West Side Company 1 MICROFILMED aY �.. JORM MICR�I-AB CEDAR RAPIDS OES M(MNES I V City of Iowa City MEMORANDUM DATE: December 6, 1983 T0: City Counci 1 FROM: Karin Franklin, Planne RE: West Side Park --access road The attached is a letter from R. H. Davis, the owner of the 3 acre tract of land west o: tiie Vest Side Park subdivision. Mr. Davis requests that an access option be provided through the West Side property to his property. The Council requested at the informal meeti ng last night a cost estimate of the fill necessary far Tir. Davis' property to provide access via Mormon Trek Boulevard. A reasonable estimate of these costs could not be made for tonight's meeting. An engineer' s estimate of the cost of an access road from West Side Park is provided below - 305' of 28 foot wi dtlz paving @ $125/lineal foot $38,000 land cost 3,000 viater, if provi ded total cost $43,000 NICRDfILMED DY..,. �..._j J012M MlCR�1-.AEI •CEDAR RAPIDS DE: MOINES I I I I a l i i w 1. ,.j j i 1 1 1 DEC6 1983 December 6, 1983 MARIAN K. KARR CITY CLERK (3) Dear Councilmember: I request that an sevalong aBoundary of my prPrY hroughthe Westsiide ParkSubdivsi Sincerely, ,� &-Zdd R. H. Davis �I•.. ... __.MICROFILM 6 aY.._.. ...�..._. JORM MICS? .A" •6UAR fUPIaS • DES nO1NE5 ed I RESOLUTION NO. 83-381 RESOLUTION APPROVING THE LARGE SCALE NON-RESIDENTIAL DEVELOPMENT PLAN FOR COMMUNICATIONS BUILDING CO., KRNA PARCEL. WHEREAS, the owner, Communications Building Co., has filed with the City Clerk of Iowa City, Iowa an application for approval of a large scale non-residential development plan of the KRNA parcel, which is on part of Lot 2, Empire Addition; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed plan and have recommended approval of same; and WHEREAS, the large scale non-residential development plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that the plan be accepted and approved; and i WHEREAS, the Planning and Zoning Commission also recommends the deferral of com- pliance with the Strom Water Management Ordinance, subject to the provisions of an. Agreement (hereinafter referred to as the "Agreement" ) between the City of Iowa City and Communications Building Co. with respect to storm water management _ on Lot 2 of Empire Addition; and WHEREAS, the large scale non-residential development plan is found to conform with all of the other requirements of the city ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED by the City Council. of Iowa City; Iowa M1 that: 1. Subject to the terms of the Agreement, the large scale non-residential development. plan for Communications Building Co., KRNA parcel, which is on part of Lot 2, Empire Addition, is hereby approved. 2. The Mayor and the City Clerk of the City of Iowa City are hereby authorized and directed to certify the approval of this resolution, which shall be affixed to the plan, and of the plan after passage and approval by law; and the Mayor and City Clerk are authori;ed and directed to execute the Agreement on behalf of the City; and the owner shall record the plan, the resolution, and the Agreement at the office of the County Recorder of Johnson County, Iowa and return copies of same to the City Clerk of Iowa City prior to the issuance of any building permit on the property. i, I 3a 7y _ .... MICROFILMED BY_. ... JORM MICR¢LAB 4 CEDAR RAPIDS • DE_ MOINES I IL ua5 moved by McDonald and seconded by L ch Resolution be adopted, and upon lull call 'the re were: n the ABSIA_TNING: AYES-- NAYS; AOSEHT K Ba lmer K Bi ckson K T_ Erdah 1 % Lynch X McDonald Neuha else r % Perre t Pass ed and approve d this 6th d a of Cray December2963 ATTEST; CZT ��tF NK I F APP Legalz. B ltecei-mG •t Dc3F n. _....:_..,._NICROULKER.BY- ._..._.._� .JORM nA104R1 Lx u CEDAR RKPIDS DES MOINES .a i , THIS AGPIMMU made by and between Communications Building Co., an Iowa general partnership, hereinafter called the Owner, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the City. WITNESSETH: In consideration of the City approving the Large Scale Non—Residential Development, ("LORD") of Owner on a portion (0.99 acres), of Lot 2, Fhpire Addition to Iowa City, Iowa, Owner, acknowledges its understanding that no building permit will be issued by the City for any further development of said Lot 2 until a plat for the resubdivision of all of Iot 2 has been submitted to and approved by the City, and compliance with the Storm Water Management Ordinance for all of Lot 2 has been achieved through the submission of engineering data to the City and the con— struction of such detention basins as may be required to conply with the Storm Water Management Ordinance. This Agreement shall not preclude the remodoLing or expansion of any structures located within Iot 2, Expire Addition, which may be constructed as a result of approval of the ISNRD, or the construction of any structures accessory thereto, so long as such reodeling, expansion and accessory structures shall be in conpliance with applicable ordinances of the City. Further, it is intended and agreed that this Agreement shall 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 assigns, against the Caner, its property, or any part thereof or any interest therein, and any party in possession or occupancy of the property of any part thereof. Dated this 6th day of December, 1983. CITY Op IOWA CITY Attest: Owe .u% rt" �C.zn.✓ City Clerk (._.�._. _...,.,.MICROFILM O BY _....r_..._� ._ JORM MICR+LAB CEDAR 136IBS • BES MOINES Roceived 8 Approved 8y The Loge( DcperInn"'t 1(%3 302 79 i I THIS AGPIMMU made by and between Communications Building Co., an Iowa general partnership, hereinafter called the Owner, and the City of Iowa City, Iowa, a municipal corporation, hereinafter called the City. WITNESSETH: In consideration of the City approving the Large Scale Non—Residential Development, ("LORD") of Owner on a portion (0.99 acres), of Lot 2, Fhpire Addition to Iowa City, Iowa, Owner, acknowledges its understanding that no building permit will be issued by the City for any further development of said Lot 2 until a plat for the resubdivision of all of Iot 2 has been submitted to and approved by the City, and compliance with the Storm Water Management Ordinance for all of Lot 2 has been achieved through the submission of engineering data to the City and the con— struction of such detention basins as may be required to conply with the Storm Water Management Ordinance. This Agreement shall not preclude the remodoLing or expansion of any structures located within Iot 2, Expire Addition, which may be constructed as a result of approval of the ISNRD, or the construction of any structures accessory thereto, so long as such reodeling, expansion and accessory structures shall be in conpliance with applicable ordinances of the City. Further, it is intended and agreed that this Agreement shall 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 assigns, against the Caner, its property, or any part thereof or any interest therein, and any party in possession or occupancy of the property of any part thereof. Dated this 6th day of December, 1983. CITY Op IOWA CITY Attest: Owe .u% rt" �C.zn.✓ City Clerk (._.�._. _...,.,.MICROFILM O BY _....r_..._� ._ JORM MICR+LAB CEDAR 136IBS • BES MOINES Roceived 8 Approved 8y The Loge( DcperInn"'t 1(%3 302 79 STATE OF IaAa SS: ODUNPy of JOHNSON On this 6th day of December , 1983, before me, the undersigned, a Notary Public in and for said county, in said state, personally appeared hfary Neuhauser and Mrian Karr to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said corporatioum n executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said corporation, that said instr u-nt was signed and sealed on behalf of said corporation by authority of its City Council and that the said Diary Neuhauser and Marian Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by then voluntarily executed. STATE OF IOWA SS: ` /S/1.(/T Notaty pub.Lic in and = the State of Iowa On this 5th day of Deoerriber , 1983, before me a Notary Public in and for the State of Iowa, personally appeared Robert N. Downer; me personally known to be the person who executed the above an oregoing ' stnumnt and aclrnvaledged t1le execution of the same to be his van v Lary act Td J _... ._, MICROFILMED BY....:_ ....�.. JORM MICR#LAE .1 CEDAR RAPIDS • DES MOINES I ilb RECEIVEL2 NOV 23 1983 SHIVE•HATTERY ENGINEERS Iowa City Highway 1 & Interstate 80, P.O. Box 1050 Cedar Rapids Iowa City, IA 52244 Davenport 319.354-3040 Des Moines Dubuque Rock (stand November 21, 1983 Mr. Dale Helling RE: Communications Building Company Assistant City Manager LSPJRD City of Iowa City 410 East Washington Iowa City, Iowa 52240 Dear Dale: The new building for this project is slated to start construction immediately in order to permit early foundation installation and subsequent winter construction. Submittal of the necessary documents to Planning and Zoning was made on November 16 with anticipated formal action by Planning and Zoning on December 1. Due to the weather restrictions it is mandatory for construction to start immediately; we are thereby requesting that this item be placed on the City Council agenda for the December 6 meeting. A one or two week delay would stop construction until next spring. Sincerely, SHIVE-HATTERY ENGINEERS C4 James L. Shive Engineer for Developer JLS/caf CC: Robert N. Downer Karin Franklin '%C' i CIVIL • INDUSTRIAL • ELECTRICAL • MECHANICAL • STRUCTURAL • GEOTECHNICAL • ENVIRONMENTAL • TRANSPORTATION 3.0? 719 17 _ MICROFILMED RY: JORM MICRO -AS • CEDAR RAP • DES MOINES 1 I )j I 'I III f I i i r i f Mr. Dale Helling RE: Communications Building Company Assistant City Manager LSPJRD City of Iowa City 410 East Washington Iowa City, Iowa 52240 Dear Dale: The new building for this project is slated to start construction immediately in order to permit early foundation installation and subsequent winter construction. Submittal of the necessary documents to Planning and Zoning was made on November 16 with anticipated formal action by Planning and Zoning on December 1. Due to the weather restrictions it is mandatory for construction to start immediately; we are thereby requesting that this item be placed on the City Council agenda for the December 6 meeting. A one or two week delay would stop construction until next spring. Sincerely, SHIVE-HATTERY ENGINEERS C4 James L. Shive Engineer for Developer JLS/caf CC: Robert N. Downer Karin Franklin '%C' i CIVIL • INDUSTRIAL • ELECTRICAL • MECHANICAL • STRUCTURAL • GEOTECHNICAL • ENVIRONMENTAL • TRANSPORTATION 3.0? 719 17 _ MICROFILMED RY: JORM MICRO -AS • CEDAR RAP • DES MOINES 1 I )j woo STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: KRNA Studio LSNRD Date: December 1, 1983 S-8331. GENERAL INFORMATION I I Communications Bldg. Co. 1027 Hollywood Blvd. 3 Requested Action: S F ment to construct a studio, storage area and tower. Size: .99 acres Location: i i _j j i i woo STAFF REPORT To: Planning & Zoning Commission Prepared by: Karin Franklin Item: KRNA Studio LSNRD Date: December 1, 1983 S-8331. GENERAL INFORMATION Applicant: KRNA Communications Bldg. Co. 1027 Hollywood Blvd. Iowa City, IA 52240 Requested Action: Approval of a preliminary and final large scale non-residential develop- ment to construct a studio, storage area and tower. Size: .99 acres Location: On the west side of ACT Circle, south of ACT. Existing zoning & land use: CO; vacant - Surrounding zoning & land use: North -CO; office East -CH; office & motel South -CH;, gas station West -CO and RIA; vacant, dairy Comprehensive Plan: Comnercial office Applicable regulations: Provisions of the Large Scale Non- residential Development regulationsi and the Storm Water Management Ordinance 45 -day limitation period: January 2, 1984 ADDITIONAL INFORMATION Public utilities: City water service is available; sewage treatment will be provided with an approved septic system. __MICROF,ILMED_aY.._.__,.__f'.._ JORM MICR+LAS .CEDAR RRPm • DES MOINES III I 39779 11 1 Public services: Municipal pol ice and fire protection will be available. Transportation: Access is provided via ACT Circle, a private drive off of Highway 1 . Physical characteristics: The terrain is hilly and wooded. ANALYSIS The LSNRD submitted for the KRNA development site is in substantial compliance with the LSNRD requirements of the code. The reason for the LSNRD submission for a development of .99 acres is rooted in the development history of the area and requires some explanation. In 1979 American College Testing (ACT) wished to develop a parcel of land purchased from Empire Associates, This purchase was one of a number of splits ` of a larger tract owned by Empire Associates and therefore, required subdivision approval. An LSNRD was submitted and approved for the ACT development subject I to approval of a subdivision plat. I The subdivision of two lots called Empire Additi on was approved in 1980 and j incl uded two documents - a future dedication of ACT. Ci rcl a at such time as the City right-of-way was extended to the boundaryof Empire Addition (between Howard Johnsons and the gas station, see attached map) , and an agreement i stating that no building permit for any construction on Lot 2 would be issued unti 1 an LSNRD was submitted for Lot 2. It is this second agreement that makes " the LSNRD necessary for the KRNA development. As a side note, the dedication of ACT Circle never took place because the City was unable to extend the publ is right-of-way to the Empire boundary. The appraised value determined for the purchase of a portion of the right-of-way was excessive and could not be borne by the City. 1 The impetusfor the agreement requiring an LSNRD was the deferrment of the provision of storm water management on Lott of Empire Addition. Storm water management was provided on Lot 1 , the ACT development, wi th the LSNRD on that lot. Due to the topography, those basins could not serve Lot 2, which slopes to the west. At the time, Empire Associates had no pl ans for Lot 2, could not reasonably estimate the use for purposes of calculations, and would need to negotiate with an adjoining property owner in order to construct any basin in the only suitable location for a basin. The agreement permitted the deferral of compliance until the development of Lot 2 was known. Empi re, or KRNA, wish to enter into a similar agreement at this time, with approval of the LSNRD on Lot 2. The circumstances regarding the development plans for the remainder of Lott (5.93 acres) and the construction of a basin are essentially the same as what they were in 1980 when the first agreement was signed. The proposed agreement would again defer storm water management compliance until such time as an -Y further development takes place on Lot 2, Empire Addition. The City Engineer has reviewed this option and finds it acceptable to defer compliance on all of Lot 2 with the development of .99 acres , but that r__... _ __.... IIICROFI LAED_BY_ �I JOFW0 MICFN�LA.6 CEDAR R(•PIDS - DES MOINES .� 3 .w compliance should be required prior to any further subdivision or development of Lot 2. STAFF RECOMMENDATION The staff recommends approval of the LSNRD plan for KRNA with an agreement requiring compliance with the storm water management ordinance prior to any further subdivision or development of Lot 2, Empire Addition. '1 DEFICIENCIES AND DISCREPANCIES 1. Specific trees, their size and the distances from the parking area, should be shown. ATTACHMENTS 1. Location map. ACCOMPANIMENTS 1. LSNRD development plan. i. 2. Existing site plan. Approved by: onald qchmeiser, Director Departmeht of Planning and i Program Development r .fir--------_._. - -- •.••' .._.....MICROFILMED.BY......... .._�. ._ JORM MICR+LAS 4 • CEDAR RAPIDS - DE: MOINES I 1 I i i j I. I i i 3 .w compliance should be required prior to any further subdivision or development of Lot 2. STAFF RECOMMENDATION The staff recommends approval of the LSNRD plan for KRNA with an agreement requiring compliance with the storm water management ordinance prior to any further subdivision or development of Lot 2, Empire Addition. '1 DEFICIENCIES AND DISCREPANCIES 1. Specific trees, their size and the distances from the parking area, should be shown. ATTACHMENTS 1. Location map. ACCOMPANIMENTS 1. LSNRD development plan. i. 2. Existing site plan. Approved by: onald qchmeiser, Director Departmeht of Planning and i Program Development r .fir--------_._. - -- •.••' .._.....MICROFILMED.BY......... .._�. ._ JORM MICR+LAS 4 • CEDAR RAPIDS - DE: MOINES I 1 I F \ L 4 `sou THERW e.o.w. I Lu._.. Jd LI, -,e IU)LRgTLT! 4 )1 •a ItlJ �� of°`ri �•h. t! ' 3 `Oie.Ro'a'C _ 4?N Itl ;mac _ NOR>NlJq Car N�� o II i LOT I:r�'4z\ I �sl Z l.� L. 1. ro 1 R• S° °o' p •tL'o!'i�' P• Y ll I L•INPe2'!1� L.Oz. z. 22, • /•/IO'tC i-• i <N•91 to' C]>•sa]Y!'Y'] •i V' <NE, u,{: n7/ eti Nel'Si'ea'W 61LCEe ,O�• v� i V 44 . Nza. fJ• C3 F C4PGz v?° �� ~ I-2LW 9. ,y -) bd. S .. � ( .. L.Ip/L' JJ. L f� e. Jo.eo' T•9J rt• .°es Ap n fR.f r' ✓. -� L•/{h°'Ji exnq{L•. L'L :+-y�•�Jf'e+ •z^ /�,ZI L•/4.1/' CND•LlIYI1'°)'W p b• 46. 1. f e 5 at. zfa na' r a S(•. ', -]L' 4, CL c•LfC ao' \ \ .INs a1VY• . Pi CM•110.{!' T.tO 11' 111•.}Y]G ff i ' �LNO•UJl•JL •]f W CN40.IO sQ�. f L LACe LNO.WeI' I L � \ LOT 6 1 ALE as fiS'Qif , L;'P> V , rya ,s �lbry ,PLAT APPROVED BY. A� `J CITY of fan cOv I' Cl TY CLEIR 1 H ....•.._MICROFILME6.8Y.._.._._...1 -IORM MIC Fl+L.A93 ( V 1 CEDAR Rill 105 L OES MOINES t I.L ; i U! ` �• I j m p F \ L 4 `sou THERW e.o.w. I Lu._.. Jd LI, -,e IU)LRgTLT! 4 )1 •a ItlJ �� of°`ri �•h. t! ' 3 `Oie.Ro'a'C _ 4?N Itl ;mac _ NOR>NlJq Car N�� o II i LOT I:r�'4z\ I �sl Z l.� L. 1. ro 1 R• S° °o' p •tL'o!'i�' P• Y ll I L•INPe2'!1� L.Oz. z. 22, • /•/IO'tC i-• i <N•91 to' C]>•sa]Y!'Y'] •i V' <NE, u,{: n7/ eti Nel'Si'ea'W 61LCEe ,O�• v� i V 44 . Nza. fJ• C3 F C4PGz v?° �� ~ I-2LW 9. ,y -) bd. S .. � ( .. L.Ip/L' JJ. L f� e. Jo.eo' T•9J rt• .°es Ap n fR.f r' ✓. -� L•/{h°'Ji exnq{L•. L'L :+-y�•�Jf'e+ •z^ /�,ZI L•/4.1/' CND•LlIYI1'°)'W p b• 46. 1. f e 5 at. zfa na' r a S(•. ', -]L' 4, CL c•LfC ao' \ \ .INs a1VY• . Pi CM•110.{!' T.tO 11' 111•.}Y]G ff i ' �LNO•UJl•JL •]f W CN40.IO sQ�. f L LACe LNO.WeI' I L � \ LOT 6 1 ALE as fiS'Qif , L;'P> V , rya ,s �lbry ,PLAT APPROVED BY. A� `J CITY of fan cOv I' Cl TY CLEIR 1 H ....•.._MICROFILME6.8Y.._.._._...1 -IORM MIC Fl+L.A93 ( V 1 CEDAR Rill 105 L OES MOINES t ._.................1111R1110I1...11__.._:___.�..... ,RORM MICR+LAB 1 I I -CEOAR RAPIDS - DE.' MOINES alimNG MI]2 N956i MAM a, / � /;' i�.—�.."�.% m oln" \ u• .,est=` .\•'/ {• � zip q 5 -17 9 aQ is ss IS 4 j aam� g , i a •'• q- Q n yl oa a M 1Z T m7x a➢ P i y / O D '. . A i I r m Z D� 4" TING SITE PLAN e04�MMUWaTeols�. - dl Ass°tlala o. .. YDI"' aqe) Nay OShlve,Hallsry .� H Cees.lhInq Fe91"'nCa.. r.n.. • b.. tnr e.w...nGII,• 0.L.... I.rI YNI.w .wlw+l�l� IO.p,.�) Ire ..IIYi ILVI � 3R 79 ._.................1111R1110I1...11__.._:___.�..... ,RORM MICR+LAB 1 I I -CEOAR RAPIDS - DE.' MOINES RESOLUTION NO.83-382 RESOLUTION APPROVING THE FINAL PLAT OF PRAIRIE VIEW ESTATES, PART I SUBDIVISION OF JOHNSON COUNTY, IOWA. WHEREAS, Thomas Wegman, has filed with the City Clerk of Iowa City, Iowa, an application for approval of the final plat of Prairie View Estates, Part I, located on the following described real estate in Iowa City, Johnson County, Iowa, to wit: carmencing at the northwest corner of the southwest quarter of Section 35, Township 80 North, Range 6 West of the 5th Principal Meridian; thence South 1 degree, 48134" East, 150.06 feet along the west line of said Section 35 to the point of beginning; Thence South 89 degrees 48' 19" East, 574.86 feet, to a 5/8 inch iron pin found; Thence North 0 degrees, 14' 10" East, 150.92 feet, to a point on the north line of the East line of the West half of said Section 35; Thence South 1 degree, 52' 41" East, 1968.42 feet, to a point on the northerly right of way line of Interstate 80; Thence North 86 degrees, 13' 38" West, 745.91 feet along said northerly right of way line to a point which is 220.00 feet normally distant northerly of center line station 983+00; Thence North 88 degrees, Ol' point which 1200.04 feet along said northerly right of way line, to a poi is 230.00 feet normally distance center line station 971+00, Thence South 71 degrees, 26' 55" West 262.58 feet, along said northerly right of way line, to a point on the west line of said Section 35, which is 140.00 feet normally distant from said center line; Thence North 1 degree, 48' 34" West, 280.30 feet along said west section line; Thence North 88 degrees, 34' 39" West 825.06 feet along the south line of Lot 1, Yoder Subdivision of a tract e 6 in t southeast oot e5th quarter of Section 34, Township the pla80 t thereof recorded in plat Principal Meridian, according book 4, page 332, plat records of Johnson County Recorder's Office, to the easterly right of way of Prairie du Chien Road; Thence North t, 143.98 feet along said easterly right of 12 degrees, 46' 40' Wes way line to a point on the north line of said Lot 1, Yoder Subdivi— sion; Thence South 88 degrees, 301 3911 East, 451.42 feet along said northerly line of Lot 1; Thence South 88 degrees, 24' 08" East, 401.18 feet to the West line of said Section 35; Thence North 1 to degree, 48' 34" West, 1396.97Said feet t act along gland saidWest segt 97 13on i ne acres the point of beginning. more or less and subject to easements and restrictions of record. WHEREAS, the proposed subdivision is located in Johnson County and within Iowa City's two mile extraterritorial jurisdiction; and AREAS, the Department of Planing and Program De llopmeent and the plat blic and Works Department have examined the proposed have recommended approval of same; WHEREAS, the final plat has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the final plat is found to conform with all of the pertinent requirements of the City ordinances of the City of Iowa City. �,.•.. ._.MICROFILMED BY ..�.) .i l JORM MICR+LAE3 .1 t R CEDAR RAPIDS • DE: MOINES - I I Page 2 11-11 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IM CITY, IOF>F1: 1. That the final subdivision plat of Prairie View Estates, Part I, is hereby approved. 2. That the Mayor and City Clerk are hereby authorized and directed to certify this resolution which shall be affixed to the final plat after passage and approval by law. The owner/subdivider shall be responsi— ble for recording said resolution and plat along with all legal documents required pursuant to the provisions of Chapter 409 of the Code of Iowa, at the office of the County Recorder of Johnson County, Iowa, and returning a copy of such recorded document to the Office of the City Clerk. It was moved by Balmer and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: g Balmer g Dickson X Erdahl g Lynch g McDonald g Neuhauser ' X Perret Passed and approved this 6th day of December , 1983. 111 ATTEST: � _PMAV CITY CLERK �, t`•sd OEP'r. erz � .�h le�3a1 � Y3 1=1111.111) 1Y JORM MICAf�LAO i CEDAR RAPIDS - DES MOINES )� I M .a d STAFF REPORT To: Planning & Zoning Commission Item: 5-8327• Prairie View Estates P GENERAL INFORMATION Applicant: Requested Action: Purpose: Location: Size: Comprehensive Plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Prepared by: Bruce A. Knight Date: October 6, 1983 Thomas Wegman 212 Ferson Iowa City, Iowa 52240 Final plat approval Subdivision of a 33 acre tract into 23 lots. North of 1-80 and east of Prairie j du Chien Road. 33.22 acres t One dwelling unit per acre Undeveloped and County RS North - undeveloped & County Al East - undeveloped & County RS South (across 1-80) undeveloped & RIA West - single family residential & County RS Provisions of the Subdivision Code, Rural Design Standards and Storm Water Management Ordinance 10/20/83 11/4/83 f public utilities are not currently available. Sanitary sewer service and water service will be i privately owned. Police protection will be provided by Johnson County and fire protection will be provided by the City of Solon. f i i 380 _.....-._._111CROF.1LMEo-RY.- DORM MICR+LAB -CEDAR RKPIOS OE' MOINES :I - E Transportation: Physical characteristics: Vehicular access is proposed for Prairie du Chien Road via Kyle Drive (no secondary access is proposed at this time). The topography ranges from gently to steeply sloping (2%- 25% ) 2025%) . ANALYSIS The applicant is requesting approval of the final plat of Prairie View Estates, Part I, which contains approximately 33 acres divided into 23 lots. The development was originally reviewed in 1978 and preliminary plat of the proposed d the location of the denied, primarily due to the lack of secondary access, an proposed access point on a curve below a hilltop on Prairie du Chien Roout as In March, 1980, a second application was filed which proposed the same lay the 1978 plat, but corrected some of thetechnical difficulCommission toe allow the item was indefinitely deferred by the Planning andg developer to resolve the access issue. In December, 1982, a third preliminary plat was filed which had two major changes ameliorating the access concern. First, the access point was relocated from the original proposal which placed it on a curve, south to an alternative location where adequate visibility was available. Second, the development proposal was reduced from the original 79 lots to a 25 lot subdivision. Theo Sts lot was a 73 acre tract which will require further subdivision p ary lot that development. It was noted at the time staff reviewed thelimin no building an agreement should be obtained as part of the legal papers permit will be issued on lot 25 until it is resubdivided and that no resubdivision of lot 25 will be approved until secondary ac�ovidedprovided Syrilfor Street wfola development. Such access should only be p realignment of Prairie du Chien Road occurs. At the time of preliminary plat approval, a note was required on the plat which stated that "Syril street will not be improved for vehicular access until the grade and/or alignment of Prairie du Chien Road addto that antInotelmheofoldlowingn ubst the final plat, he app a Syril Street." Staff "...or approval is granted by Johnson County to open Sy concerns regarding the use of Syril street as a point of permanent access can only be mitigated by a realignment of Prairie du Chien Road which alters the curvature and the grade of the road at the proposed point of intersection. for Syril Street to be Since the proposed change to the note provides an avenue opened without a realignment of Prairie du Chien Road, staff recommends against this change. The stormwater detention basin for Prairie View Estates, Part I, is not contained within the 24 lots currently being final platted. Rather, it is located on Lot 25 Of the preliminary plat which represents the remainder of the lot which Therefore, although calculations were submitted with the prelimimnary p that adequate storage was available in multiple ponds for the entire site, additional calculations will be required to allow a determination that the basin proposed for Part I provides adequate compensating storage for all 24 lots. In addition, the subdivider's agreement should contain language that prior to the construction of any buildings within the subdivision, the stormwater detention HICROEIEI•IED Oy. ...,_...� 4 JORM MICR6LAD j( CEDAR R4R105 - nEs M01NEt I i 3,20 U w 0 ri 3 facility shall be constructed and certification of such construction shall be obtained from a registered professional engineer and delivered to the County and to Iowa City; or, the money required to complete such construction plus 10% shall be escrowed with the City of Iowa City. STAFF RECOMMENDATION Staff recommends that the final plat of Prairie View Estates, Part I be deferred . Upon resolution of the above concerns, and the deficiencies and discrepancies listed below, staff would recommend approval . DEFICIENCIES AND DISREPANCIES I. No legal papers have been submitted. These should include the agreements described above, plus an agreement stating that whenever the development is annexed within the city limits of the City of Iowa City all connections of the development's utilities onto the City's utilities may be required, and assessment waivers for all public improvements. 2. It is the responsibility of the developer's engineer to establish a fire rating for the area being developed, and a letter of transmittal from the appropriate fire protection approving the proposed system of fire protection must be submitted. 3. Construction plans of proposed improvements must be submitted. 4. An access easement to the stormwater management basin and an easement over the dam and control structure must be provided. No easement should be shown over the remainder of the basin. 5. Calculations showing that the proposed stormwater management basin has adequate capacity to provide compensating storage for Part I, must be provided. ATTACHMENTS I. Location map. ACCOMPANIMENTS I. Final plat, Prairie View Estates, Part I Approved by: D Wald Sc rneiser, Director Departure t of Planning & Program Development 1. ,.. _ ._._-xicAorILHED.BY._...___.._' DORM MIGRCsLAO kf CEDAR RICPIOS DES MOINES 7 ' L...:. ...._ .... .. _. .. .... I`J IIICROFILMEO. BY .. _. IM MICR+LAEI WPM - OL' 1101NES 11 83-383 RESOLUTION "Resolution authorizing the issuance and sale of Housing Revenue Bond, (Systems Unlimited, Inc. Project) of the City of Iowa City, Iowa, in the principal amount of $375,000, to finance the costs of acquisition by construction or purchase of land, buildings, equipment and improvements suitable to be used to provide housing for the handicapped; the execution of a Lender Loan Agreement with Iowa State Bank & Trust Company, Iowa City, Iowa providing the terms and sale of such bond; the execution and delivery of a Loan Agreement with Systems Unlimited, Inc. providing for the repayment of the loan of the proceeds of such bond, and related matters", WHEREAS, the City of Iowa City, Iowa, in the County of Johnson, State of Iowa (the "Issuer") is an incorporated municipality authorized and empowered by the provisions of Chapter 419 of the Code of Iowa, 1983, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use as a housing unit or complex for the elderly or handicapped; and WHEREAS, the Issuer has made the necessary arrangements with Systems Unlimited, Inc. (the "Company") for the acquisition by construction or purchase of land, buildings, equipment, and improvements suitable to be used to provide housing for the handicapped (the "Project") located within the corporate boundaries of the Issuer at 1918 - 1924 - 2004 Hollywood Boulevard;•and WHEREAS, it is necessary and advisable that provisions be made for the issuance of Housing Revenue Bond, Series 1983 (Systems Unlimited, Inc. Project) of the Issuer in an aggregate principal amount not to exceed $375,000 (the "Bond") as authorized and permitted by the Act to finance the cost of the Project to that amount; and WHEREAS, the Issuer will loan the proceeds of the Bond to the i Company pursuant to the provisions of a Loan Agreement dated as of October 1, 1983 (the "Loan Agreement") between the Issuer and the Company the obligation of which will be sufficient to pay the principal of, redemption premium, if any, and interest on the Bond as and when the same shall be due and payable; and i -3- 4 �.. _.. _.. MICROFILMED. BY.. ...._ .' t JORM MICR+LAO t CEDAR RI(PIDS • DES MOINES f M I -3- 4 �.. _.. _.. MICROFILMED. BY.. ...._ .' t JORM MICR+LAO t CEDAR RI(PIDS • DES MOINES f M WHEREAS, the Bond will be sold pursuant to and secured as provided by a Lender Loan Agreement to be dated as of October 1, 1983 (the "Lender Loan Agreement") by and becween the Issuer and Iowa State Bank &' Trust Company, Iowa City, Iowa (the "Lender"); and WHEREAS, the rights of the Issuer in and to the Loan Agreement are assigned to the Lender under the Lender Loan Agreement; and WHEREAS, notice of intention to issue the Bond has been published and this Council has conducted a public hearing pursuant to such published notice, all as required by the Act, and has hereby determined that it is necessary and advisable to proceed with the financing of the Project; and WHEREAS, the Issuer has arranged for the sale of the Bond to the Lender; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. Authorization of the Bond. In order to finance the cost of acqu>_ring and constructing the Project at the location set forth in the preamble hereof, the Bond shall he and the same is hereby authorized, determined and ordered to be issued in the principal amount of $375,000. The Bond shall be issued in fully registered form, numbered R-1, and shall be dated as of the date of issuance and delivery thereof and shall be executed, shall be in such form, shall be payable, shall have such prepayment provisions, shall bear interest at such rates, and shall be subject to such other terms and conditions as are set forth therein and -in the Lender Loan Agreement and Loan Agreement. The Bond and the interest thereon do not and shall never constitute an indebtedness of or a charge against the general credit or taxing power of the Issuer, but are limited obligations of the Issuer payable solely from revenues and other amounts derived from the Loan Agreement and the Project and shall be secured by an assignment of the Loan Agreement and the revenues derived therefrom. Forms of the Lender Loan Agreement, the Bond and the Loan Agreement are before this meeting and are by this reference incorporated in this Bond Resolution, and the City Clerk is hereby directed to insert them into the minutes of the City Council and to keep them on file. Section 2. Lender Loan A reement; Sale of the Bond. In order to provide for the sale of the Bond to the Lender and the conditions with respect to the delivery thereof, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer, the Lender Loan Agreement in substantially the form submitted to the City Counci.l, which is hereby approved in all respects. The -4- 3;W r .MICROf.ILMED.OY`-�=� _I l J�RM MIC R(�L F.B CEDAR RP PIDS . DEE MOINES � sale of the Bond to the Lender is hereby approved and the Mayor ana City Clerk of the Issuer are hereby authorized and directed to deliver the Bond to the Lender. Deposit by the Lender to the credit of the Issuer of the purchase price, namely $375,000, in immediately available funds at the office of the Lender shall constitute payment in full for the Bond pursuant to Section 1.02 of the Lender Loan Agreement. The Lender shall be authorized as the Issuer's depository and agent to immediately deposit such purchase price in the Project Fund established by Section 1.03 of the Lender Loan Agreement to effect the making of the loan of the proceeds of sale of the Bond to the Company pursuant to Section 1.02 of the Lender Loan Agreement. Section 3. Repayment of Loan. The. Loan Agreement requires the Company in each year to pay amounts as loan payments sufficient to pay the principal of, redemption premium, if any, and interest on the Bond when and as due and the payment of such amounts by the Company to the Lender pursuant to the Loan Agreement is hereby authorized, approved and confirmed. Section .4. Loan Agreement. In order to provide for the loan of the proceeds of the Bond to acquire and equip the Project and the payment by the Company of an amount sufficient to pay the principal of and premium, if any, and interest on the Bond, the Mayor and City Clerk shall execute, acknowledge and deliver in the name and on behalf of the Issuer the Loan Agreement in substantially the form submitted to the City Council, which is hereby approved in all respects. Section 5. Miscellaneous. The Mayor and/or the City Clerk are hereby authorized and directed to execute, attest, seal and deliver any and all documents and do any and all things deemed necessary to effect the issuance and sale of the Bond and the execution and delivery of the Loan Agreement and the Lender Loan Agreement, and to carry out the intent and purposes of this resolution, including the preamble hereto. Section 6. Severability. The provisions of this resolution are hereby declared to be separable and if any section, phrase or provisions shall for any reason be declared Eo be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases and provisions. Section 7. Repealer. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. j Section B. Effective Date. This resolution shall become effective immediately upon adoption. i i 3a?7 f.___.. ,. MICROFILMED BY E JORM MICR+LAB I • CEDAR R*OS . DE- MOINES 1 Passed and approved this 6th day of December , 1983. � lDLNI Ues9. Mayor Attest: _,P lea�,,, City Clerk d= -c �.._ _.MICROFILd4ED BY_.____ ~ JORM MICR4LAB -CEDAR RAPIDS - DE. MOINES I t (Seal) V 1 1d v r _ d >p t i Passed and approved this 6th day of December , 1983. � lDLNI Ues9. Mayor Attest: _,P lea�,,, City Clerk d= -c �.._ _.MICROFILd4ED BY_.____ ~ JORM MICR4LAB -CEDAR RAPIDS - DE. MOINES I t (Seal) V 1 State of Iowa County of Johnson SS: City of Iowa City I, the undersigned, do hereby certify that I am the duly appointed, qualified and acting City Clerk of the City of Iowa City, in Johnson County, State of Iowa, and as such I have in my possession, or have access to, the complete corporate records of said City and its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records and that said transcript hereto attached is a true, correct and complete copy of all the corporate records in relation to the adoption of the resolution therein set out. WITNESS my hand and the corporate seal of said City hereto affixed this 6th day of December , 1983. City Clerk (Seal) -7- :. � .. ..t11CA0FILt1E0.BY t JORM MICFP#LAB 11 } .CEDAR RPRIDS • DE9 MOINES i i 1704 Ridgeway Drive Iowa City, Iona 52240 November 17, 1983 Mayor Mary Neuhauser City of Iowa City Civic Center Iowa City, Iowa 52240 Re: Planning and Zoning Commission Dear Mary: First, I'd like to take this opportunity to thank you for your support and leadership during the past two years. I have enjoyed the opportunity to work with the'Council and yourself on various occasions. Thank you! I currently find that due to existing etmloycrent and changes in personal priorities, I must reluctantly submit ny resignation from the ConTRission. The experiences and knowledge I have gained from working on the Crnmission have been invaluable. My resignation will be effective Febniary 2, 1984, or until replaced, whichever is sooner. This will allow the completion of my tern as chairman, and allow either the current or Council—elect to make the appointment. Again, thank you for the opportunity to be on the Commission. Good luck to you in your "retirement." Sincerely, JKS/jlb cc: Planning and Zoning Commission _...�,.,.__.,.._..MICROEILMEO..BY...__.._,.� JORM WCR6 LAFJ CEDAR RAPIDS • DC. MOINES t 1 i 3.2 SS FOR ..a rib L?C� IOWA CITY ur�u November 171 1983 Mayor and City Council City of Iowa City 410 E. Washinqton St. rowa City, IA 52240 Dear Mayor and City Council: John Balmer has represented the City of Iowa City on our Board of Directors. Due to his term expiring in December, I am requesting that you appoint someone for our Board. According to our bylaws we are required to have, 'one Director designated by the City Council of the City of Iowa City, Iowa. , the Directors representing the respective cities shall serve terms of two (2) years each." The person you select is required to serve until June 1985. This board meets the second Wednesday of each month from 7:30 a.m.-9 a.m. at the Iowa City Chamber Board Room. If possible, we would appreciate i£ this person could'be designated before our January 11, 1984 meeting. Thank you very much. Yours truly, fir., :2 '�r>JGIc Renee Jedlicka Director Convention & Visitors Bureau P.O. BOX 2358 IOWA CITY IOWA 5224.4(319) 507.9637 I �.". F MICRO1l11EOBYRM MICR4LABR RARIDS OE: MOINES .", , `RESOLUTION NO. 83-384 RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND VEENSTRA AND KIMM INC., ENGINEERS AND PLANNERS, REGARDING ENGINEERING SERVICES FOR THE ROCHESTER AVENUE RESERVIOR WHEREAS, the City of Iowa City. Iowa, has negotiated an _ agreement , with Veenstra and Kimm, Inc. , a copy of said ag e� emenc— being attached to this Resolution an by t is reference made a part ereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreement with Veenstra and Kimm Inc Engineers and Planners for engineering services for the Rochester Avenue Reservoir. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Veenstra and Kimm Inc., Engineers and Planners 2. That the City Clerk shall furnish copies of said agreement any citizen requesting same. to It was moved by Balmer and seconded by Lynch the resolution as rea be a opte , an upon roll call there were: that AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 6th day of December 19 83 . ATTEST: %%jnwu,... ) 7e CITY CLERK Received & Approved By Tito Legal Dehaliment 5 1 JORM MICR#LAB i CEOAR RAPT OS • OE: MOINES 1 j� 3 1 AGREEMENT THIS AGREEMENT, made and entered into this fi h day of�, 1983, by and between the CITY OF IOWA CITY, IOWA, a municipal corpora ion, hereinafter referred to as the City, and VEENSTRA & KIMM, INC., Engineers & Planners of West Des Moines and Iowa City, Iowa, a corporation organized and existing under the laws of the State of Iowa, hereinafter referred to as the Consultant, NOW, THEREFORE, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment shall be subject to the following terms, conditions and stipulations, to wit: The Consultant shall not commit any of the following employment practices and agrees to include the following clauses in any subcontracts: A. To discharge from employment or refuse to hire arty individual because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disability unless such disability is related to job performance of such person or employee. B. To discriminate against any individual in terns, conditions or privileges of employment because of race, sex, color, religion, national origin, sexual orientation, marital status, age or disability unless such disability is related to job performance of such person or employee. 1. SCOPE of SERVICES This Agreement provides for design conferences, design surveys, making arrangements for subsurface soils investigations, preparation of plans and specifications and services during the bidding phase for the Project, as described below. The work under this Agreement shall be considered complete on the close of the business day that construction contracts are awarded for the Project. It is understood and agreed that the scope of the Project or the scope of the engineering services set forth herein may be modified by an amendment to this Agreement. Modifications to the scope of engineering services may include general services during construction, resident review of the work of the Contractors, start-up services or preparation of an operation and maintenance manual. The Project to which this Agreement is applicable shall be entitled ROCHESTER AVENUE RESERVOIR and shall include the following components: A. Contract 1 - A two (2) million gallon prestressed concrete water storage tank located on City -owned property near the intersection of Rochester Avenue and Post Road, Contract 2 - A pumping station and appurtenances to provide for filling the reservoir from the water distribution system and pumpi ng from the reservoir back to the distribution systen to increase pressure. -1- 31? 9.s L MID aYICRlLA9 • DEC MOINES The specific elements of the scope of services are as follows: A. The Consultant shall attend such design conferences with the City as may be necessary to make decisions as to details of design of the Project. B. The Consultant shall conduct design surveys in the field, including information relative to topography and other features as are necessary for the design and preparation of plans and specifications for the Project. Design surveys do not include surveys for acquisition of land, easements and rights-of-way. C. After the necessary design conferences, the Consultant shall prepare all such detailed plans and specifications as required for construction of the Project. The specifications shall describe, in detail, the work to be done, materials to be used and the construction methods to be followed. The plans and specifications shall comply with the requirements of the Iowa Department of Water, Air and Waste Management (WAWM) for projects of this type. Plans and specifications shall be submitted to the City and to WAWM for review and approval. The plans and specifications shall be considered complete upon approval by the City and WAWM and issuance of a construction permit by WAWM. Upon completion of the plans and specifications and approval of same by the City and issuance of a construction permit by WAWM, the Consultant shall furnish the City with three sets of approved plans and specifications. The Consultant shall furnish the City a reproducible mylar of each contract drawing. D. The Consultant shall secure the services of a competent soils investigations firm subject to the approval of the City. The soils investigations firm shall make soil borings, conduct field and laboratory testing and deliver copies of a written report on soil characteristics and bearing capacities to the Consultant. The City shall provide access to the reservoir location. E. The Consultant shall assist in the preparation of notice to contractors and shall provide copies of the plans and specifications for prospective bidders. The Consultant shall have a representative present when bids and proposals are opened and shall prepare a tabulation of bids for the City and shall advise the City in making the awards. After the awards are made, the Consultant shall assist in the preparation of necessary contract documents. -2- 3,??S" MICROFILMEO BY JORM MICR#LAB i CEDAR RPN D5 • DEC 1101NC5 r F. Upon request, the Consultant agrees to furnish special services. Such special services may include: (1) Land surveys, title and easement searches and descriptions of boundaries and monuments and related office computations and drafting. (2) Assist the City as expert witness in litigation arising from the development of construction of the Project. II. TIME OF COMPLETION The Consultant will complete and submit the plans and specifications for the Project within one hundred Five (105) days after execution of this Agreement. I . GENERAL TERMS A. Should the City terminate the Agreement, the Consultant shall be paid on the basis of Direct Personnel Expense, as herein attached and known as Exhibit A, times a 2.2 multiplier for the various classes of personnel actively engaged on the Project for all work completed and for all work and services performed up to the time of tenni nation; however, such sums shall not exceed the "not to exceed" amount listed in Section IV. The City may terminate this Agreement upon seven (7) days written notice to the Consul tant. B. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. C. The Consultant agrees to indemnify and hold harmless the City of Iowa City, its officers, employees, and agents against any liability or claim of damages arising out of the negligent acts, errors, or omissions of the Consultant, his employees, or agents. D. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistants as may be required for the performance of the Project. The Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. E. It is agreed by the City that al l records and files pertaining to information needed for the Project will be made available by said City upon request of the Consultant. The City agrees to furnish all reasonable assistance in the use of these records and files. F. It is further agreed to any State, Federal Iowa City, Iowa. that no party to this Agreement will perform contrary or County law or any of the Ordinances of the City of —3- 111CROf IL 1110 BY 1 DORM MICR(}LAB 1 CEDAR R.PP?nS • DEL MOINM 1 G. J. W. Kimm shall attend such meetings of the City Council relative to the work set forth in this Agreement as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. H. The Consultant agrees to furnish, upon termination of this Agreement and upon request of the City, copies of all basic notes and sketches, charts, computations and any other data prepared or obtained by the Consultant pursuant to this Agreement, without cost and without restriction or limitation as to their use. I. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer affixed thereto where such seal is required by law. The original contract drawings shall become the property of the City. J. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment in the amount sufficient to properly complete the Project in accordance with this Agreement. K. If, after the plans and specifications are completed and approved by the City, the Consultant is required to change plans and specifications because of changes made by the City, the Consultant shall receive additional compensation for surh changes which shall be based upon standard hourly fees as set forth in Exhibit A, plus expenses for personnel engaged in making the changes. L. The fees stated herein cover the specific services as outlined in this Agreement. If the City requires additional services of the Consultant in connection with the Project, such additional services shall only be provided upon the prior written authorization of the Director of Public Works, The Consultant shall receive additional compensation for properly authorized extra services. Such additional compensation shall be at the standard hourly fees of the Consultant as set forth in Exhibit A, plus expenses for personnel engaged in authorized extra work. M. Should any section of this Agreement be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. N. Direct Personnel Expense for the purposes of this Agreement shall be defined as hourly wage plus retirement and fringe benefits. Said Consultant shall, upon demand, furnish receipts therefor or certified copies thereof. 0. Records of the Consultant's Direct Personnel Expense and Reimbursable Expenses pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the City or its authorized representative at mutually convenient times. -4- M MICROFILMED BY t JORM MICR¢LAEI cEonn anr!os • DE-- wouus i 395 P. All reimbursable outside expenses are in addition to the fees for professional services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following expenses listed: (1) Expense of living when traveling in connection with the Project and for long distance calls. There will be no charge for mileage. (2) Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use. (3) Fees paid for securing approval over the Project. IV. COMPENSATION FOR SERVICES of authorities having jurisdiction The City agrees to pay for services stated in this Agreement on the basis of the following fees: The Consultant shall be paid a fee based upon 2.2 x Direct Personnel Expense as set forth in Exhibit A. The total fee, including reimbursables, shall not exceed the amount of Sixty-nine Thousand Five Hundred Dollars ($69,500). Special services, if required, shall be based upon 2.2 x Direct Personnel Expense. GENERAL The Direct Personnel Expense of all personnel classifications associated with this Project are shown on attached Exhibit A and said Exhibit A is made a part of this Agreement. The City agrees to reimburse the Consultant for outside expenses at cost. The Consultant shall furnish receipts of all outside expenses upon request. The "not to exceed" figure listed in this section includes Direct Personnel Expense and reimbursables and does not include special services. Special services are above and beyond the "not to exceed" figure. Fees will be billed and due and payable monthly. With each billing, the Consultant shall list the individual, the hours worked, and hourly rate. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering Profession. The undersigned do hereby state that this Agreement is executed in triplicate as though each were an original and that there are no oral agreements that have not been reduced to writing in this instrument. It is further stated that there are no other considerations or monies contingent upon or resulting from the execution of this Agreement nor have any of the above been implied by any party to this Agreement. -5- ,3a 9.r i MICROFILMED BY JORM MICR( LAB CEDAR RpP!DS DE: FID IIIf.S i i IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. FOR THE CITY: FOR THE CONSULTANT: CITY OF IOWA CITY, IOWA �� / vEENSTRA & KINhf, INC. Oy UI 9�' re n -- ATTEST: / ATTEST: By .�x2 B� xecutive etre a Received & Approv6d By T! a Legal D013011 ent -G- ,3979s �.. ..... MICROFILMED BY , l - JORM MICR#LAB f CEDAR RAP)D5 •DEC M01!1E5 � i EXHIBIT A DIRECT PERSONNEL EXPENSE July 1, 1983 ENGINEERS *Per Hour VEENSTRA & KIMM, INC. Engineers & Planners 1` F FI LI-0ED BY �. l MICRfIiLAf3DS • DE.- M0114ES 1 N 3o?9. .lvc� Grade Direct Personnel Expense* P-6 $10.00-11.50 P -6 10.50-12.00 P-8 11.00-12.50 P_9 11.50-13.00 P-10 12.00-13.50 P-11 12.50-14.00 P-12 13.00-14.50 P-13 14.50-16.00 P-14 15.50-17.00 P-15 16.50-18.00 P-16 17.50-19.00 P_17 18.50-20.00 P-18 20.00-21.50 P_19 21.50-23.00 P_20 23.00-25.00 P-21 25.00-28.00 P_22 28.00-30.00 Principals 45.75 TECHNICIANS NON-PROFESSIONAL Direct Personnel Direct Personnel Grade Expense* Range Grade Expense* Rate T -E $ 7.00- 8.00 NP -7 $ 7.00 7.50 T -F 7.50- 8.50 8.50- 9.50 NP -8 NP -9 8.00 T -G T -H 9.00-10.00 NP -10 9.00 9.50 T -I 9.50-10.50 NP -11 NP -12 10.00 T -J 10.00-11.00 10.50-11.50 NP -13 11.00 T -K T -L 11.00-12.00 NP -14 11.50 12.00 T -M 12.00-13.00 NP -15 NP -16 12.50 T -N 13.00-14.00 14.00-15.50 NP -17 13.50 T-0 T_P 15.50-17.00 NP -1B 14.00 15.00 T -Q 16.50-18.00 NP -19 NP -20 16.00 T -R 17.50-19.00 T -S 18.50-20.00 T -T 19.50-21.00 *Per Hour VEENSTRA & KIMM, INC. Engineers & Planners 1` F FI LI-0ED BY �. l MICRfIiLAf3DS • DE.- M0114ES 1 N 3o?9. .lvc� i City of Iowa C itsk MEMORANDUM DATE: November 30, 1983 TO: Neal Berlin and City Council FROM: Chuck Schmadeke RE: Agreement with Veenstra and Kimm Inc., regarding engineering services for the Rochester Avenue Reservior (Water Storage Tank) Veenstra and Kimm Inc., Engineers and Planners, have been involved in the expansion of the Iowa City's water treatment and distribution system since 1966. They were the City's engineering consultants responsible for design and construction of the water treatment plant expansion and computerization in 1973. They were also the City's engineering consultant responsible for the design and construction of the two 2 -million gallon water storage tanks constructed in 1969 and 1970, located adjacent to Melrose Avenue and Sycamore Street. In addition, Veenstra and Kimm Inc., evaluated the City's water treatment and distribution system in 1968. The quality of Veenstra and Kimn's work in the water treatment area has proven to be exceptional and Iowa City has not experienced any problems with their designs. Therefore, the Public Works Department recommends approval of the agreement with Veenstra and Kimm Inc., regarding engineering services for the Rochester Avenue water storage tank. The total design cost is $69,500. .., MICRor""D i t✓ JORM M1CR+L-A13 CEDAR R095 • DE. MOINES - 1 1 395 44' 1 RESOLUTION NO. 83-385 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF LIEN REGARDING A PROMISSORY NOTE EXECUTED BY MAUDE A. GLICK WHEREAS, on March 16, 1981, Maude A. Glick executed a promissory note to the CIty of iowa city in the amount of $15,000 for value received by way of a Housing Rehabilitation Loan, and. WHEREAS, said promissory note provided that the principal on said note would be forgiven in the event of incapacitating illness of the signatory of the note, and WHEREAS, the City has received a doctor's verification that Mrs. Glick has an incapacitating illness, and WHEREAS, the existing principal on said note is $12,000, and WHEREAS, a release of lien was previously executed by the City pursuant to Resolution No. 83-142; however, that release has been objected to because it did not include the Housing Rehabilitation Program, and WHEREAS, the attached Release of Lien includes the Housing Rehabilitation Program of Iowa City, Iowa, as well as the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien whereby the City does release the affected property from an obligation of Maude A. Glick to pay to the City the principal amount of $12,000. It was moved by Lynch and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X X_ Erdahl X Lynch McDonald X Neuhauser X Perret Passed and approved this 6th day of ___ December , 1983. ATTEST. Alt ) �.... ..._.:.-_...MICROFILHED.BY. ---_----�. - JORM MICROLA9 CEDAR WNDS • DE- MOINES dived & Approved By The legd Department 178 141/A3 RELEASE OF LIEN Date December 6, 1983 KNOW ALL MEN BY THESE PRESENTS: That the city of Iowa City, Iowa, and Housing Rehabilitation Program of Iowa City, Iowa, does hereby release the following described property: The East Half of Lot Four (4) and the lVest eight and one-half (8'1) feet of Lot Five (5) all in Block One (1), Rose Hill Addition to Iowa City,Iowa, as shown by the recorded plat thereof, subject to easements and restrictions of record. from an obligation of Maude A. Glick to the City of Iowa City, Iowa in the principal amount of $12,000.00 represented by a promissory note recorded in the Office of the Johnson County Recorder on March 20, 1981 in Book 592, Page 179. This obligation has been forgiven in full for reasons of incapacitating illness. CITY OF IOIVA CITY, IOWA By: — (City Clerk) STATE OF IOIVA. 6�� JOHNSON COUNTY, H .4 (Mayor) koceNed & Appmvau . By I4- Legal Department 1 ll� On this .6thday of Decembei1983, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Mary C. Neuhauser and Marian K. Karr , tome personally known, who being by me duly sworn, did, say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said Mary C. Neuhauser and Marian K., Karr , as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. llJJ// Nota i Pub is in and r the State of Iowa �f JORM MICRLA6 E I F CEDAR P.610S • DES MOINES li ■ 1� Resolution 83-386 RESOLUTION APPROVING AN URBAN DEVELOPMENT ACTION GRANT AGREEMENT FOR URBAN RENEWAL PARCEL.64-1b (HOTEL SITE) WHEREAS, the City Council of Iowa City, Iowa did by Resolution 83-99 authorize the submission of an application to the U.S. Department of Housing and Urban Development -Urban Development Action Grant Program to assist the development of a hotel on Urban Renewal Parcel 64-1b; and WHEREAS, the U.S.Department of Housing and Urban Development -Urban Development Action Grant Office did notify the City of Iowa City, Iowa of an Urban Development Action Grant award of $2,081,000 contingent upon the approval of the Urban Development Action Grant Agreement by the City Council of Iowa City, Iowa. NOW, THEREFORE BE IT RESOLVED that the Mayor of Iowa City, Iowa is authorized on behalf of the City of Iowa City to sign the Urban Develop- ment Action Grant Agreement and to direct the City Manager to execute this Grant Agreement on behalf of the City of Iowa City. It was moved by Perret and -seconded by Dickson the' Resolution was adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X D• k _ rc on i X Erdahl _X i f 1 X i i i X f X Perret f 1 Resolution 83-386 RESOLUTION APPROVING AN URBAN DEVELOPMENT ACTION GRANT AGREEMENT FOR URBAN RENEWAL PARCEL.64-1b (HOTEL SITE) WHEREAS, the City Council of Iowa City, Iowa did by Resolution 83-99 authorize the submission of an application to the U.S. Department of Housing and Urban Development -Urban Development Action Grant Program to assist the development of a hotel on Urban Renewal Parcel 64-1b; and WHEREAS, the U.S.Department of Housing and Urban Development -Urban Development Action Grant Office did notify the City of Iowa City, Iowa of an Urban Development Action Grant award of $2,081,000 contingent upon the approval of the Urban Development Action Grant Agreement by the City Council of Iowa City, Iowa. NOW, THEREFORE BE IT RESOLVED that the Mayor of Iowa City, Iowa is authorized on behalf of the City of Iowa City to sign the Urban Develop- ment Action Grant Agreement and to direct the City Manager to execute this Grant Agreement on behalf of the City of Iowa City. It was moved by Perret and -seconded by Dickson the' Resolution was adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X D• k _ rc on _ X Erdahl _X Lynch X McDonald X Neuhauser X Perret Passed and approved this 6th ATTEST: Marrtan K. Karr, City Clerk, City of Iowa City, Iowa day of December , 1983. P.. VkJQM 1Zty- ary 1J uhauser, Mayor City bf Iowa City, Iowa .... �. .. ... _.-MICROFILMED..BY.- .�. JORM MICF;�t_A C CEDAR ROM RIFF. DS - DES MOINES I b"*W 4 APMoved 4 I& IqW s)@""n"nt i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 i6 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 �! Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 EXHIBIT A SUPPLEMINPARY PRCNISICNS Rider to Section 1.03(2). In addition to Recipient's Application for Federal Assistance (SF 424), the "Application" shall include the following submittals: Letters dated: (1) June 24, 1983 to Ms. Rosalyn Doggett, UDPG, from Harry A. Johnson, Jr., stating terms of repayment of UDAG Loan. (2) June 22, 1983, to pawn Kuhn, UDAG, from Norwest Bank, Minneapolis, Minnesota, confirming secured working capital line of $15,000,000 available to Dain Bosworth. (3) June 2L, 1983, to Dawn Kuhn, UDAG, from the Northern Trust Company, Chicago, Illinois, confirming the $15,000,000 borrowing line available to Dain Bosworth, (4) June 20, 1983 to Ms. Rosalyn Doggett, UDAG, from John Hayek, Iowa City's attorney, regarding bond purchase agreement between City and Developer. (5) June 20, 1983, to Ms. Rosalyn Doggett, UDPG, from Thomas J. Flynn, Zuchelli, Hunter and Associates, Inc., Annapolis, Maryland, enclosing the following letter from State Historic Preservation office, draft agreement between City and Developer regarding parking spaces for project and an agreement between Developer and Vern Beck and Associates on development management responsibilities. (6) June 17, 1983, to r0salyn Doggett, UDAG, from Vernon R. Beck concerning set back of Project building required by State Historic Office. (7) June 17, 1983, to Dawn Kuhn, UDAG, from Wayne Hester, Dain Bosworth, Inc., as addendum to letter of June 16, 1983, stating their commitment to purchase bonds for proposed project is not conditioned upon signed franchise agreement. (8) June 16, 1983, to Rosalyn Doggett, from Adrian Anderson, State Historic Preservation Officer, stating design agreement. (9) June 16, 1983 to Rosalyn Doggett, UDAG, from Andrea Hauer, Development Coordinator, City of Iowa City, enclosing revised job projections and proposed hotel management agreement between CIRCO and Developer. (10) June 16, 1983, to Mayor Mary Neuhauser, City of Iowa City, from Wayne Hester, Vice President, Dain Bosworth, Inc., committing to purchase bonds to finance project and enclosing financial report. (11) June 15, 1983, to Rosalyn Doggett, UDAG, from Thomas J. Flynn, Zuchelli, Hunter and Associates (ZHA), enclosing supplementary docunents including revised Developer conmitment letter. (12) June 14, 1983, to Stanas Flynn, ZHA, from Wayne A. Hester, Dain Bosworth; Inc., stating terms and conditions of bond financing. (13) June 13, 1983, to Dawn Kuhn, UDAG, from Thomas J. Flynn; ZHA, enclosing the following materials: (a) 'letter of commitment—Midwest Federal Savings and Loan; (b) Financials on Midwest Federal; (c) Letter to Developer from Holiday Inn regarding franchise agreement; (d) estimated total developnent costs; (e) ten-year cash flow projection; (f) construction costs estimates; (g) detailed budget for fixtures, furnishings, and equipment; and (h) UDAG Form 3. E(HIBIT A Page 1 of 3 .... ..... .. 1-0ICROF I LREIL 8Y_. 1 JORM MIC R CEDAR WNDS • DU MO IO ES i 397 Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 Continuation Sheet—Exhibit A (14) June 13, 1983, to Fnsalyn Doggett, UDAG from Neal G. Berlin, City Manager, City of Iowa City, enclosing information on public hearings, environmental and historical review, zoning of site and other supplemental material to the application. (15) May 19, 1983, to Rosalyn Doggett, UDW, from Thomas J. Flynn, ZHA, regarding average hotel development costs per room. Rider to Section 1.03(12). The term "Participating Party" consists of the following persons, firms, corporations and entities: "Developer" shall mean Dr. Harry Johnson d/b/a Mid -City Hotel Associates - Iowa City, with an address of B25 Nicollet Mall, Minneapolis, Minnesota 55416. "Guarantor" shall mean Dr. Harry Johnson with an address of 825 Nicollett Mall, Minneapolis, Minnesota 55416. "Bond Purchaser" shall mean Dain Bosworth, Inc., with an address of 13.2 South Dubuque Plaza, Iowa City, Iowa 52240. "Holiday Inns" shall mean Holiday Inns, Inc. ,.with an address of 3742 I Mr Avenue, Memphis, Tennessee 38195. "CIRCO" shall mean CIDCO Management Oimpany, Inc., with an address of 1250 Superior Avenue, The Park Mall, Cleveland, Ohio 44114. Rider to Section 1.03(13). The phrase "the UDAG percentage of" contained on the first line of paragraph (13) and the last sentence thereof are deleted in their entirety. Rider to Section 2.01. The amount of this UDAG grant is Two Million Eighty One Thousand Dollars ($2,081,000). Rider to Sections 5.03 and 9.06. The jobs referenced at section 5.03 and the assurances required at Section 9.06 shall aggregate: Total Permanent Jobs: 17B Total Permanent Jobs for Low- and Moderate -Income Persons: 150 Total Permanent Jobs for CEPA-Eligible Persons: 25 Tbtal Permanent Jobs for Minorities: 10 Total Permanent Jobs for row- and Moderate -Income R6Aidehts of the Pocket of Poverty: N/A Job Requirements shall be completed within 48 months from the Date of Preliminary Approdal. EXHIBIT A Page 2 of 3 '. __....rOCfleeummBY. ......... . fJORM MICRLAB l -CEDmR W1PID5 -DEO MOINES 7+ I 3 ,??7 ■ 2 3 4 5 6 7 B 9 10 I ]1 12 33 14 15 16 17 38 19 20 21 22 23 24 25 u 26 27 28 29 I i 30 31 32 Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 Continuation Sheet—Exhibit A (14) June 13, 1983, to Fnsalyn Doggett, UDAG from Neal G. Berlin, City Manager, City of Iowa City, enclosing information on public hearings, environmental and historical review, zoning of site and other supplemental material to the application. (15) May 19, 1983, to Rosalyn Doggett, UDW, from Thomas J. Flynn, ZHA, regarding average hotel development costs per room. Rider to Section 1.03(12). The term "Participating Party" consists of the following persons, firms, corporations and entities: "Developer" shall mean Dr. Harry Johnson d/b/a Mid -City Hotel Associates - Iowa City, with an address of B25 Nicollet Mall, Minneapolis, Minnesota 55416. "Guarantor" shall mean Dr. Harry Johnson with an address of 825 Nicollett Mall, Minneapolis, Minnesota 55416. "Bond Purchaser" shall mean Dain Bosworth, Inc., with an address of 13.2 South Dubuque Plaza, Iowa City, Iowa 52240. "Holiday Inns" shall mean Holiday Inns, Inc. ,.with an address of 3742 I Mr Avenue, Memphis, Tennessee 38195. "CIRCO" shall mean CIDCO Management Oimpany, Inc., with an address of 1250 Superior Avenue, The Park Mall, Cleveland, Ohio 44114. Rider to Section 1.03(13). The phrase "the UDAG percentage of" contained on the first line of paragraph (13) and the last sentence thereof are deleted in their entirety. Rider to Section 2.01. The amount of this UDAG grant is Two Million Eighty One Thousand Dollars ($2,081,000). Rider to Sections 5.03 and 9.06. The jobs referenced at section 5.03 and the assurances required at Section 9.06 shall aggregate: Total Permanent Jobs: 17B Total Permanent Jobs for Low- and Moderate -Income Persons: 150 Total Permanent Jobs for CEPA-Eligible Persons: 25 Tbtal Permanent Jobs for Minorities: 10 Total Permanent Jobs for row- and Moderate -Income R6Aidehts of the Pocket of Poverty: N/A Job Requirements shall be completed within 48 months from the Date of Preliminary Approdal. EXHIBIT A Page 2 of 3 '. __....rOCfleeummBY. ......... . fJORM MICRLAB l -CEDmR W1PID5 -DEO MOINES 7+ I 3 ,??7 ■ Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 Continuation Sheet ---Exhibit A Rider to Section 11.01. The address of the Recipient for the purposes of communications relating to this Grant Agreement shall be the following: Honorable Mary Neuhauser Mayor of Iowa City Iowa City 52240 Contact Person: Andrea Hauer City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Rider to Section 1.03. (21) "Developer's Equity" shall mean all funds'to complete the Project, less the UDAG Loan, the first mortgage loan and Recipient Funds. Rider to Sections 2.04 9.01, 9.02 and 9.03. Any repayment or other payments received pursuant to Paragraph III of Exhibit E of this Grant Agreement and received prior to completion of the UDAG funded Recipient Activities shall be held in escrow pursuant to Section 2.04(a) of this Grant Agreement until completion of the UDAG funded Recipient Activities. All escrowed funds shall bear interest with the accounts insured by an agency of the U.S. Government. Upon completion of the UDAG funded Recipient Activities, any funds held in said escrow shall be spent for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended, and shall be spent in accordance with Part 570 of Title 24 Code of Federal Regulations. Any repayments received after completion of the UDAG funded Recipient. Activities shall be deemed miscellaneous revenues and shall be spent for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended, and shall not be governed by Part 570. EXHIBIT A Page 3 of 3 �... �. .. MICROFILMED.. BY.. t JORM MICR+LAO l f CEDAR RAPIDS - DE_ MOINES r j I lL. 3 1?9, M A4 Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 Continuation Sheet ---Exhibit A Rider to Section 11.01. The address of the Recipient for the purposes of communications relating to this Grant Agreement shall be the following: Honorable Mary Neuhauser Mayor of Iowa City Iowa City 52240 Contact Person: Andrea Hauer City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Rider to Section 1.03. (21) "Developer's Equity" shall mean all funds'to complete the Project, less the UDAG Loan, the first mortgage loan and Recipient Funds. Rider to Sections 2.04 9.01, 9.02 and 9.03. Any repayment or other payments received pursuant to Paragraph III of Exhibit E of this Grant Agreement and received prior to completion of the UDAG funded Recipient Activities shall be held in escrow pursuant to Section 2.04(a) of this Grant Agreement until completion of the UDAG funded Recipient Activities. All escrowed funds shall bear interest with the accounts insured by an agency of the U.S. Government. Upon completion of the UDAG funded Recipient Activities, any funds held in said escrow shall be spent for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended, and shall be spent in accordance with Part 570 of Title 24 Code of Federal Regulations. Any repayments received after completion of the UDAG funded Recipient. Activities shall be deemed miscellaneous revenues and shall be spent for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended, and shall not be governed by Part 570. EXHIBIT A Page 3 of 3 �... �. .. MICROFILMED.. BY.. t JORM MICR+LAO l f CEDAR RAPIDS - DE_ MOINES r j I lL. 3 1?9, M a�d1Y4`91i'e,iq':��'"^'P. •to . •.-^.-N=:.. �-�w. :2' _... .._ .. ....-....ir: ��:i:i.:J':�'-`•..... �.�:ir�`-�i-`._.. .... ._.. . Recipient_ Iowa City, Iowa Grant Number: B -83 -AA -19-0021 EXHIBIT B DESCRIPTION OF RECIPIENT ACTIVITIES Rider to Section 1.03(17). The "Recipient Activities" for the Project shall consist of the following: (1) Recipient shall loan up to $2,081,000 in UDAG Funds and expend $55,000 in Recipient Funds to partially finance the construction by the Developer of a 178 -room hotel as described in Paragraph I of Exhibit C. (2) Recipient shall convey the 37,650 square foot parcel known as Urban Renewal 64-1b in Iowa City, Iowa (the "Site") and easement area of approximately 222 feet east and west by 20 fent north and south in block 64 to Developer, at a cost of not less than $210,000. (3) Recipient shall execute a Parking Agreement with Developer guaranteeing that there will be adequate parking reserved for hotel guests in municipal Parking Ramp B located on Block 640T in Iowa City, Iowa. (4) Recipient shall issue not less than $7,693,000 in commercial development revenue bonds for the purpose of financing the construction of the 178 -room hotel project. (5) Recipient shall use approximately $15,000 in Recipient Funds for Administrative Costs. EXHIBIT H Page 1 of 1 ..._..MICROFILHED.9Y. Jor?M MICR+L-AEI CEDAR RFPM • DES MOINES ( I t 3P97 own" ■ Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 EXHIBIT C DESCRIPTION OF NON -RECIPIENT ACTIVITIES Rider to Section 1.03(11). The "Non -Recipient Activities" for the Project shall consist of the following: I Developer shall acquire the Site and construct a 178 -room hotel thereon, at a cost of not less than $12,139,000, of which $7,693,000 shall be bond proceeds, $2,310,000 shall be from Developer Is equity, up to .$2, 081, 000 shall be UDAG funds, and $55,000 shall be Recipient funds. II Bond Purchaser shall purchase commercial development revenue bonds in any amount not to exceed $7,693,000 for use in' financing the development of the Project, provided, however, the amount of the revenue bonds may exceed $7,693,000 by an amount necessary for -debt service reserve funds not to exceed an additional $600,000. III . Developer shall invest at least $2,310,000 cash equity in the development of the Project. IV Developer shall enter into a franchise agreement with Holiday Inns covering the operation of the Hotel. V Developer shall enter into a management agreement with CIDCO to manage -the operations of the Hotel Project. VI Guarantor and Developer shall jointly ,and severally unconditionally and irrevocably guarantee the completion of the Project and the repayment of the UDAG Loan to the Recipient within the timeframe hereinafter set forth in Exhibit F to this Grant Agreement. EXHIBIT C Page 1 0l 1 ..MICROFILMED. BY. .f JORM MICR#LAE3 i CEDAR RAPIDS 0 DE: MOIRES I -I ■ 1 Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 EXHIBIT E REQUIRED EVIDENTIARY MATERIALS The evidentiary materials to be submitted by the Recipient for the approval of the Secretary shall include the applicable provisions of Article IX of this Grant Agreement and shall consist of the following: I (a) All governmental approvals and permits necessary for the commencement of the Recipient and Non -Recipient Activities shall have been obtained. (b) Evidence of this commitment shall be a written certification from Recipient, signed by the chief executive officer, in accordance with Section 10.02 of this Grant Agreement, that all such governmental approvals and permits have been obtained. II (a) Title to all land necessary for the Project, except land to be acquired with Grant Funds, shall be held by Recipient or the appropriate Participating Party. (b) Evidence of this commitment shall be in accordance with Section 10.10 of this Grant Agreement. III (a) Recipient and Developer shall enter into a contract which shall include provisions consistent with the following: (1) Recipient shall agree to carry out all Recipient Activities set forth in Exhibit B to this Grant Agreement. (2) Developer shall agree to carry out all activities set forth in Paragraphs I, III, IV, V and VI of Exhibit C to this Grant Agreement. (3) Recipient shall be obligated to make a loan to Developer in the amount of up to $2,081,000 in Grant Funds (the EXHIBIT E Page 1 of 10 _..MICROFILMED BY. JORM MICR+LAB CEDAR RAPIDS • DES MOINES � j 3-797 ) i i 1 I Recipient: Iowa city, Iowa Grant Number: 3 -83 -AA -19-0021 "UDAG Loan"), which shall be used for the construction of the hotel. The terms and conditions of the UDAG Loan shall be consistent with the following: (i) Term - 25 years commencing upon the first disbursement of Grant Funds. (ii) Interest Rate - 8% per annum base rate of interest. (iii) Repayment - Interest shall be forgiven during construction and the first two years of operation or until December 31, 1986, whichever is earlier. Operating years three and four, principal and interest shall be deferred and such interest shall be compounded at 9% interest annually, added to the principal balance, and be due and payable at the end of the loan term. After operating year five, principal and interest payments at 8% per annum shall be payable monthly in amounts sufficient to fully amortize the loan in full prior to the end of, the term thereof. (iv) Disbursement/Ratio - Loan disbursements shall be based on vouchers submitted by Developer, verified by Recipient, and certified by the architect, construction manager, or other certifying official as shall be acceptable to Recipient. All submissions by contractors of monthly requisitions shall be on AIA Forms 702 and 703 or their equivalent. No disbursement of the loan'of Grant Funds shall be made unless and until Developer has furnished to Recipient an ALTA policy for mortgage title insurance, in the full amount of the aggregate loan, insuring that Recipient will be the holder of a subordinated first lien on land, buildings, fixtures, free of encumbrances and other exceptions to title other than those approved in. advance by Recipient, and not subordinated to any interest except the aforesaid first lien in an aggregate amount not to exceed $7,693,000 plus the amount of any necessary debt service reserve funds in an amount not in excess of $600,000- ERHIBIT E Page 2 of 10 _MICRONUED. BY.. _...:_.._r .. JORM MICRI�LAS 4 CEDAR RAPIDS - DEC : OME5 3aY7 nu 1 ■ ■ Recipient: Iowa city, Iowa Grant Number: B -83 -AA -19-0021 3297 B No disbursement of the loan of Grant Funds shall be made unless and until Developer shall have furnished to Recipient a Builder's Risk and Fire Insurance policy or policies duly endorsed to indicate Recipient as insured mortgagee. No disbursement of loan funds shall be made until all of the evidentiary materials required by this Exhibit E have been submitted to and approved by the Secretary and the Secretary has authorized the Recipient to draw down such funds from its Letter j of Credit. No loan disbursements shall be made in an amount which together with previous disbursements would exceed the ratio of $1.00 of Grant Funds for every $4.80 of private funds expended by ) Developer .for the Project. (v)Security - The loan shall be secured by a deed F of trust or mortgage in favor of Recipient upon all buildings, fixtures, equipment and other assets of the developer comprising the Project. The security position of the Recipient may be subordinated to the first mortgage security interest securing the t F commercial revenue bonds in an amount not to exceed $7,693,000 plus the amount of any necessary debt service reserve funds in an amount not in excess of $600,000. The first mortgage security interest may also include a mortgage which is on parity with or secondary to the first mortgage which secures a letter of credit or any other security device which provides additional security for the commercial revenue bonds, so long as the aggregate debt secured does not exceed $7,693,000 plus the amount of any necessary debt service reserve funds in an amount not in excess of $600,000. The deed of trust or mortgage shall also contain standard provisions to protect the interest of a subordinated first mortgage, including, for example, a provision that a default under the first mortgage which could permit a foreclosure by the first EXHIBIT E Page 3 of 10 __...MICRDFILMED.BY JORM MICFV#LAB t f CEDAR RARAS • DE: MOINES 1 I 3297 B i Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 mortgagee shall constitute a default under the subordinated first mortgage and the unpaid principal balance and interest shall be due and payable. The deed of trust or mortgage shall not contain an exculpation clause in favor of Developer. To the extent permitted by law, all of the personal property described in the mortgage shall be deemed to be fixtures and part of the property. As to any part of such personal property not deemed or permitted by law to be fixtures, the mortgage shall constitute a security agreement under the Uniform Commercial Code. In addition, the loan shall be secured by a first lien in favor of Recipient and Lender upon all capital equipment purchased with the proceeds hereof which shall not be subordinated to any other interest. Developer shall cause to be recorded any and all appropriate Uniform commercial Code financing statements and/or security agreements in order to secure this loan. The financing statements and/or security agreements shall not contain an exculpation clause in favor of Developer - (vi) Sale/Refinancing — The entire balance of the outstanding principal of the UDAG loan and all accrued unpaid interest thereon, shall become immediately due and payable at the option of the Recipient or the Secretary upon (1) the bankruptcy, reorganization, dissolution or liquidation of the Developer, --or upon the sale under foreclosure of the Project Site, improvements and/or capital equipment situated thereon, or (2) upon the sale, partial sale, syndication (except initial syndication of the Project), refinancing, exchange, transfer or other disposition of the Project Site, improvements and/or capital equipment situated thereon without the prior written consent of the Recipient; provided, however, that this provision does not apply to a transfer to his heirs or his estate by reason of the death of the Developer, to a trust for the benefit of the immediate members of EXHIBIT E Page 4 of 10 I�.. ..._.__.gICROE]LNEO.DY.. .._...�. _ �I JORM MIOFIa LAB ! CEDAR QPPIDS . DE: MOINES I 3.777 i Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 his family and heirs at law and created under his estate; and further provided that the commercial development revenue bonds may be refinanced as provided in III (a) (3) (xii) hereof. (vii) Guarantee - The repayment of the UDAG Loan and the completion of Non -Recipient Activities shall be unconditionally and irrevocably guaranteed by Developer. (viii) Prepayment - Prepayment may not occur until after the fifth year of the loan term and thereafter prepayment may occur, provided Developer pays the full amount of the UDAG Loan plus any accrued interest as specified in paragraph III (a)(3)(iii) and the Developer buys out the Recipient's participation in the Project by imputing a sale at fair market value as determined by an MAI appraisal as set forth in III (a)(3)(xiii) hereof and using the formula for distribution of Net Proceeds upon sale or refinancing. (ix) Reduction of UDAG Loan - In the event that the cost of the Project (exclusive of working capital) is less than $12,139,000, the UDAG Loan shall be reduced by $.80 for each $1.00 of such shortfall and such UDAG Funds shall not.be drawn down under the Letter of Credit. (x) Annual Accounting - Developer shall deliver a statement to Recipient from an independent Certified Public Accountant, within 60 days of the close of each calendar year during the term of the loan certifying: (1) Gross Income; (2) Operating Expenses; (3) Net Annual Cash Flow; (4) Developer Equity; (5) Net Proceeds, if applicable; and (6) The amount of participation in Net Annual Cash Flow and Net Proceeds due Recipient. i EXHIBIT E Page 5 of 10 �._. �.�.. __...-.M1CR0FILMED..BY. ._...._. _f ..f 4JORM MICR+LAB 1 CEDAR RAPIDS • DE' MOINES I� 3M79� _,.ani--s•tcr.n.. � .,r.. .^ . _ .... .....__ .«_..._ :.�-. .,.._. _._....... ._ Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 (xi) Participation — Developer shall pay to Recipient for a period of time equal to the term of the UDAG Loan, 25% of the proceeds from the cumulative Net Annual cash Flow of the Project as specified below. "Net Annual Cash Flow" is defined as all annual operating income less debt service on the first mortgage, the UDAG Loan, operating capital loans and working capital loans made by third parties, real estate taxes, and reasonable operating expenses allowable for Federal income tax purposes, and contributions to a reserve fund in an amount not to exceed 4-1/2% of the annual operating income to be used for replacement and repair of capital improvements, excluding depreciation and other non-cash items and shall specifically Include a management fee not to exceed 3% of operating income (and to the extent that debt service on the first mortgage and the UDAG Loan has been paid current, up to an additional 50% of annual operating income as an incentive management fee) to be paid under any bona -fide management contract to an independent third party ('or to a related party consented to by the Recipient) and a non- cumulative return of 13.5% on Developer's verifiable cash equity (Developer's equity) invested in the Project. Participation payments small be due within 90 days from the end of each operating year of the facility. (xii) Participation in Sale or Refinancing - Developer shall pay to Recipient 25% of the Net Proceeds from any sale or disposition in whole or part of the Project or from any syndication or refinancing, except refinancing in an amount equal to the first mortgage including any reserve where the earnings of such reserve are sufficient to offset the interest cost thereof. "Net Proceeds" shall be defined as all proceeds received less (1) repayment of the first mortgage (if applicable), (2) repayment of the UDAG loan, (3) operating capital leans or working capital loans made by third party, (4) Developer's documented reasonable EXHIBIT E Page 6 of 10 _ .. RI CROF I LRED. BY, JORM MICR+L,e►a ( - CEDAR RAPIDS , DES MOINES 3.079� 5 W 'r I Recipient: Iowa City, Iowa Grant Number: B -83 -AA -L9-0021 costs of sale or refinancing, and (5) repayment of documented �1 Developer's equity contributed to the Project. The Recipient must agree in writing to any change in the amount of the first loan- In the event Developer shall refinance or sell a partial interest•in the Project at any time, the Recipient shall continue to receive the participation in Net Annual Cash Flow and Net Proceeds for the original term of the UDAG Loan or until Developer sells 100% of the Project, whichever occurs first, at which time Developer shall purchase Recipient's participation in the Project as provided in subparagraph (viii) above. (xiii) At the end of the loan term, in addition to 1 paying the principal balance of the UDAG Loan, Developer shall pay to Recipient 25% of the value of the Project defined as the I appraised value of the Project less outstanding first mortgage, UDAG Loan (principal and accrued interest) and documented i Developer's equity contributed to the project and any operating capital loans andworking capital loans made by third parties. i The appraisal value shall reflect the opinion of a NAI appraiser selected jointly by Recipient and Developer. If Developer and Recipient cannot agree upon one appraiser, then each shall, in turn, select one MAI appraiser and those two ,shall select a third MAI appraiser. The majority decision.as to Project value of the t three appraisers shall be binding upon the Recipient and Developer. (xiv) If private mortgage debt is increased above i $7,693,000 excluding any amount not in excess of $600,000 i attributed for necessary debt reserve funds for the financing of i the development of the Project, then the principal amount of the ' UDAG Loan shall be reduced by $.80 for each additional $1.00 of private debt. (xv) All applicable terns and conditions of this Grant Agreement, including Article IX provisions and job EXHIBIT E Page 7 of 10 _ MICROFILMED BY. ..-� JORM MIGR+LAO } CEDAR RXRIDS • DES MOINES I i J Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 assurances specified in Sections 5.03 and 9.06 shall be set forth in the agreement. (xvi) The agreement shall specify a timeframe for performance consistent with Exhibit F to this Grant Agreement. (xvii) The agreement shall contain a provision that nothing contained in the agreements between the parties, or by third persons, creates any relationship of third -party beneficiary, principal and agent, limited or general partnership, joint venture or any association or relationship involving Recipient. (5) Recipient shall agree to issue and sell at least $7,693,000 of Industrial Revenue Bonds for use by the Developer in financing the construction and development of the Project. (6) Recipient shall agree to lease parking to Developer situated on Parking Ramp B located on Block 640T in Iowa City, Iowa, as required by Hotel on a daily basis. (7) Recipient shall convey the Site and easement area to Developer at a cost of $210,000. (b) Evidence of this commitment shall be in accordance with Section 10.04 of this Grant Agreement. IV (a) Recipient's attorney or an acceptable banking institution shall certify that cash or liquid assets of not less than $2,310,000 are available or irrevocably committed to Developer and is sufficient to complete the Project. Such certification shall identify the kinds of assets and the nature of the irrevocable commitment. (b) Evidence of this commitment shall be in accordance with Section 10.07 or 10.08 of this Grant Agreement. V (a) Recipient shall issue and sell and Bond Purchaser shall purchase at least $7,693,000 in Industrial Revenue Bonds for use EXHIBIT E Page 8 of 10 __..MICROFILMED RY.._ JORM MICR+LAE3 ! CEDAR RAPIDS • DEC MOINES 3d9y Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19^0021 by the Developer in the construction and development of the Project and the bond proceeds therefrom shall be available to Developer as needed for the development oE'the Project. (b) Evidence of this commitment shall be in the form of a certification from the trustee and/or depository of the proceeds of the bond sale stating that said trustee and/or depository has on hand and available to Developer as needed for the development of the Project, as aforesaid, not less than $7,693,000 for financing the construction and development of the Project and in accordance with Section 10.02 of this Grant Agreement, I VI (a) Developer shall irrevocably and unconditionally, guarantee the repayment of the UDAG Loan and the completion of the ! Project within the timeframe hereafter set forth in Exhibit F to this Grant Agreement. (b) Evidence of this commitment shall be in accordance with Section 10.04 of this Grant Agreement. VII j (a) In the event Developer shall syndicate the Project or the Project shall be transferred to a partnership (subject to I approval by Recipient), then in any such event, each. general partner of such partnership shall covenant and agree with Recipient not to sell, transfer, assign, pledge, hypothecate or in anywise dispose of his or her partriershcip interest'in the partnership without the prior written consent of Recipient. In the event Recipient shall 'consent to any such transaction during the first five loan years, then such paxtner shall pay to j Recipient 80% of the excess proceeds which each partner shall receive or be entitled to receive arising from or out of any such transaction and 2s% of excess proceeds after the said first five loan years. "Excess Proceeds" shall mean the difference between the original equity investment by such partner in the partnership EXHIBIT E Page 9 of 10 y 3�% •., .. _.. MICRON LMED BY DORM WCR40�LA EB i 1 i CEDAR RIEPIOS - OE' MINES .4 ;d Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 and the total proceeds of the transaction for the benefit of such partner. (b) Evidence of this commitment shall be in accordance with Section 10.04 of this Grant Agreement. VIII (a) Developer shall enter into a franchise agreement with Holiday Inns covering the operations of the Hotel as set forth in the Application. (b) Evidence of this commitment shall be in accordance with Section 10.04 of this Grant Agreement. IX (a) Developer shall enter into a management agreement with CIDCO covering the management of the Hotel as set forth in the Application. (b) Evidence of this commitment shall be in accordance with Section 10.04 of this Grant Agreement. X (a) Recipient's attorney shall certify that Recipient has on hand or has previously expended after the preliminary approval date of this herein grant agreement $70,000 in Recipient general revenue funds to carry out the activities in Paragraphs (1) -and (5) of Exhibit B to this Grant Agreement. (b) Evidence of this commitment shall be in accordance with Section 10.03 of this Grant Agreement. EXHIBIT E Page 10 of 10 .. .._._,.MICROEILMED.BY...__ . DORM MICR+LAO CEDAR RAPIDS . OE-" MOINES `-A Y 397 Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 EXHIBIT F PROJECT PERFORMANCE SCHEDULE I (a) Evidentiary Materials described in Exhibit E of this Grant Agreement must be submitted to the Secretary by Recipient not later than December 1, 1983. (b) Upon notification of the acceptance of these Evidentiary Materi.als by the Secretary, Recipient may draw Grant Funds against its Letter of Credit for the purposes set forth in Exhibit B to this Grant Agreement on the basis of $1.00 of UDAG Funds for every $4.80 of Private Funds expended by Developer into the acquisition and development of the Project and in accordance with Letter of Credit procedures and the terms of this Grant Agreement. II ' The Recipient and Non -Recipient Activities as more particularly set forth in Exhibits B and C of this Grant Agreement shall be commenced and completed in accordance with the following schedule: Activity Commencement Date l ; i l i i I L• l f i Recipient: Iowa City, Iowa Grant Number: B -83 -AA -19-0021 EXHIBIT F PROJECT PERFORMANCE SCHEDULE I (a) Evidentiary Materials described in Exhibit E of this Grant Agreement must be submitted to the Secretary by Recipient not later than December 1, 1983. (b) Upon notification of the acceptance of these Evidentiary Materi.als by the Secretary, Recipient may draw Grant Funds against its Letter of Credit for the purposes set forth in Exhibit B to this Grant Agreement on the basis of $1.00 of UDAG Funds for every $4.80 of Private Funds expended by Developer into the acquisition and development of the Project and in accordance with Letter of Credit procedures and the terms of this Grant Agreement. II ' The Recipient and Non -Recipient Activities as more particularly set forth in Exhibits B and C of this Grant Agreement shall be commenced and completed in accordance with the following schedule: Activity Commencement Date Completion Date Acquisition of Site October 1, 1983 October 31, 1983 Construction of Hotel December 1, 1983 September 1,.1985 EXHIBIT F Page 1 of 1 .... .� .... ___.. MICROR.ILMED.DY DORM MICR+LAO CEDAR RAPIDS - DES MOINES j i 1 \° i City of Iowa City MEMORANDUM DATE: December 2, 1983 TO: City Council FROM: Donald Zuchel1i, Urban Renewal Consultant RE: UDAG Contract At the regular Council meeting of December 6, 1983, you will be asked to execute the UDAG contract. It is imperative that the Council take affirmative action and approve the contract. There is legislation pending in Congress which would alter IRS financing and cause an interminable delay to the City. The developers must certify to the lending institution that the UDAG has been executed as a pre -condition to selling the bonds for the hotel during the month of December 1983. The current considerations being given to design alterations to improve the pedestrian access within, through and around the hotel in no way are compromised by the Council authorizing the UDAG contract. Evidentiary actions in the next several months, including the State Historical Officer's approval and City Council approval on the design, are necessary before the UDAG grant can be converted into available funds. The City Council should have a high degree of confidence that if the design con- cerns and other issues are not resolved to its satisfaction that the City is not irrevocably permitting project construction or passing unknowingly to the developer unencumbered rights to develop. I urge that the UDAG authorization be considered on its own independent merits and that you not allow the design issues pending to confuse and cloud the pending action of approval of the UDAG contract. ..4 �.' .MICROFP11E0DY. ..._� JORM MICrt+LAB { CEDAR R4IDS • OH MOINES 11 i ..4 61 City of Iowa City MEMORANDUM DATE: December 2, 1983 T0: City Council FROM*Andrea Hauer RE: UDAG Agreement Attached is a revised copy of the Exhibit Attachments for the UDAG Agreement. The developer, HUD, and City staff have concurred on all of the amendments and changes in the Exhibit Attachments. The major differences between what was sent to you on November 23 and this submission are: (1) The date for submission of evidentiary materials to HUD has been amended to December 31, 1983. (2) The developer or a third party can make loans to the project. A loan from the developer to the project will be treated as additional developer equity. A loan from a third party, such as a bank, will be treated in a third position for repayment (the developer's equity and the UDAG loan are repaid first and second). The UDAG Agreement is a contractual obligation between the City and HUD which in essence states HUD will grant $2.081 million to the City in return for the guarantee that a $12.4 million, 178 room hotel is built by September 1985. Amendments can be made if HUD determines those amend - Rents do not substantively change the Grant Agreement conditions. The approval of the Grant Agreement does not imply approval of the design plans. Design pians will be approved at a later date. 1 r. ..._._. MICROFILMED BY. JOF4M MICRA© CEDAR RAPIDS , DE. MOINES I 3,Q97 I i I t I i i s City of Iowa City MEMORANDUM DATE: December 2, 1983 T0: City Council FROM*Andrea Hauer RE: UDAG Agreement Attached is a revised copy of the Exhibit Attachments for the UDAG Agreement. The developer, HUD, and City staff have concurred on all of the amendments and changes in the Exhibit Attachments. The major differences between what was sent to you on November 23 and this submission are: (1) The date for submission of evidentiary materials to HUD has been amended to December 31, 1983. (2) The developer or a third party can make loans to the project. A loan from the developer to the project will be treated as additional developer equity. A loan from a third party, such as a bank, will be treated in a third position for repayment (the developer's equity and the UDAG loan are repaid first and second). The UDAG Agreement is a contractual obligation between the City and HUD which in essence states HUD will grant $2.081 million to the City in return for the guarantee that a $12.4 million, 178 room hotel is built by September 1985. Amendments can be made if HUD determines those amend - Rents do not substantively change the Grant Agreement conditions. The approval of the Grant Agreement does not imply approval of the design plans. Design pians will be approved at a later date. 1 r. ..._._. MICROFILMED BY. JOF4M MICRA© CEDAR RAPIDS , DE. MOINES I 3,Q97 RESOLUTION NO. 83-387 RESOLUTION RESCINDING THE FILING OF THE 1984 COMMUNITY DEVELOP— MENT BDOCK GRANT/METROPOLITAN ENTITLEMENT PROGRAM STATEMENP IN THE AMOUNT OF $830,220 AND AUTHORIZING THE FILINGOF THE 1984 COMMUNITY DEVELOPMENT BLACK GRANT/METROPOLITAN ENTITLEMENT PROGRAM STATEMENT IN THE AMOUNT OF $751,116 UNDER THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, INCLUDING ALL UNDERSTANDINGS AND ASSURANCES CONTAINED THEREIN AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City was informed by the Department of Housing and Urban Development that the Iowa City Community Development Block Grant Metro Entitlement funding would be reduced to $751,116 therefore requiring a change in the Program Statement, WHEREAS, the City of Iowa City, Iowa, is an eligible unit of general local government authorized to file a Program Statement under the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City, Iowa, has been declared a Metropolitan Statistical Area eligible for metro entitlement funding of $751,116; and WHEREAS, the 1984 Community Development Block Grant Program Statement has been developed so as to give maximum feasible priority to activities which will benefit low and moderate income persons and aid in the prevention or elimination of slums and blight; and WHEREAS, the City of Iowa City, Iowa, has provided the residents of the community with opportunities to comment on the Program Statement; and WHEREAS, the City Council of Iowa City, Iowa, believes that the public interest will be served by filing said Program Statement with the United States Government. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OOUNCIL OF IOWA CITY, IM, that the Community Development Block Grant/Metro Entitlement Program Statement for 1984 in the amount of $830,220 be rescinded and that the City Manager of Iowa City be and is hereby directed to file with the United States Department of Housing and Urban Development a Program Statement for the 1984 Community Development Block Grant/Metropolitan Entitlement Program in the amount of $751,116 under the Housing and Community Development Act of 1974, as amended; and .MICROFILMED. BY. -.. JORM MICR+LAU ; 1 CEDAR RAPIDS a DEC Id01I4E5 I 0 Resolution No. 83-387_ r Page 2 BE IT FURTHER RESOLVED that the City Manager is authorized and directed to provide the necessary understandings and assurances required by the Department of Housing and Urban Development in connection with said Program Statement; and BE IT FURTHER RESOLVED that the City Manager is designated as chief executive officer to act in connection with the Program Statement to provide such additional information as may be required. It was moved by Balmer and seconded by Perret the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 6th day of December 1983. M`1�1� •' 1 ATTEST: )n ) -/ • 7�� CITY CLERK ---------------------- _.. ...._.-..,.._.MICRONUED.BY. ___:.._._� JORM MICR+LA13 -CEDAR RAPIDS - DE: MOINES 10, i 10, BUDGET SUMMY CDBG PROGRAM YEAR 1984 I. Public Works And Facilities 1. Creekside Storm Drainage Project Completion 2. Creekside Alley Repair 3. Kirkwood Circle Drainage and Surfacing 4. Iowa Youth Corps Park Shelter Construction 5. Congregate Housing Construction 6. Nelson Adult Center Phase II Renovation II: Public Services 1. Accessibility Guide for Iowa City/Coralville 2. Mark IV/Willow Creek Neighborhood Center Van 3. Shared Housing III.Acquisition Of Real Property 1. Miller/Orchard Neighborhood Park Acquisition 2. Alternative Housing Site Acquisition IV. Rehabilitation of Residential Properties 1. Housing Rehabilitation and Weatherization V. Code Enforcement 1. Housing Code Enforcement VI. Planning 1. Humn Services Facility Planning VII.General Administration 1. General Program Administration VIII.Dther 1. Contingency =AL Sources of Funds MBG Entitlement Grant Program Income TOTAL MICROE RMED. BY...__....__�. JORM MICR40LAB t CEDAR RAPIDS s DE: MOINES r � I $ 18,700 2,500 60,000 12,318 220,000 61,580 560 15,000 15,000 42,550 48,000 125,000 14,520 5,000 106,260 4,128 751,116 744,896 6,220 $751,116 3� S6 City of Iowa City MEMORANDUM DATE: December 2, 1983 TO: City Council FROM: Committee on Community Needs RE: Recommendation on Reductions or Funding for 1984 CDBG Program Statement This past week, the City was advised by the U. S. Department of Housing & Urban Development (HUD) that our 1984 Community Development Block Grant (CDBG) would be reduced 9.6 percent. CCN held a special meeting on December 1, 1983, to discuss what projects could be reduced, eliminated or deferred as a result of the expected funding reduction. CCN would like to make the following recommendations to the City Council for amending the 1984 CDBG Program Statement: 1. That $24,000 for a Rental Rehabilitation Program be eliminated from the Budget. 2. That allocation of $47,000 for Creekside sidewalks be deferred. 3. That the allocation for Housing Code Enforcement be reduced by $7,000. 4. That the contingency allocation be reduced by $1,104. Comments: 1. CCN has learned that the Housing Bill just passed by Congress includes formula grant monies for Rental Rehabilitation. This project will therefore have a new source of funds. 2. The Creekside Sidewalks have the lowest priority of projects recommended by CCN for funding, and can be deferred. 3. The Housing Commission representative to CCN stated that the Housing Code Enforcement program can operate adequately with a reduction in funds. 4. Rather than jeopardize any other projects, the Committee felt that the remaining $1,104 could be most appropriately taken out of contingency funds. MICROFILMED BY JORM MICR+LAB 1 CEDAR RA'P10S • DEC MO n1E5 f )t I 3as�' ■ �.•,�. _..-.MICROFILMED.BY__._- JONM MIMR+LAEI - CEDAR RAPIDS OE: MOINES Ai r 1984 CDBG PROGRAM ST-ATEMENT 12/1/83 PROJECT OR ACTIVITY FUNDING ALLOCATION 1. Creekside Storm�Drainage Project Completion $ 18,700 2. Miller/Orchard Neighborhood Park Acquisition $ 42,550 3. Accessibility Guide\for Iowa City/Coralvi ll Community $ 560 4. Mark IV/Willow Creek Neighborho/Centeran $ 15,000 5. Congregate Housing Construction$225,000 6. Nelson Adult Center Phase\I I Re $ 61,580 7. Housing Rehabilitation& Weathe $125,000 8. Creekside Alley Repair \ $ 2,500 9. Iowa Youth Corps Park Shelter 'C $ 12,318 10. Kirkwood Circle Drainage & Surf $ 60,000 11 . Shared Housing $ 15,000 12. Al ternative Housing Site Ac �, sition $ 50,000 13. Housing Code Enforcement $ 7,520 14. Human Services Facility P nni ng $ 51000 15. General Program Adnini st ation $106,260 16. Conti ngency $ 4,128 TOTAL $751,116 Program Funding 1984 CDBG Alloc ion $744,896 Program Income $ 6,220 j I I i $751,116 I i i i �.•,�. _..-.MICROFILMED.BY__._- JONM MIMR+LAEI - CEDAR RAPIDS OE: MOINES l v RESOLUTION N0. RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SOUTHEAST INTERCEPTOR SYSTEM DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 20th day of December , 1983 > at 7:30 P.M. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Balmer and seconded byil�ch that the resolution as read be opt a e , an upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this day of ATTEST: CITY CLERK ___...-,.MICROFILMED._ BY -..___..I _. JORM MICR+LAB CEDAR RA•PIDs - DE: FIOINES I MAYOR 19 r",aralvad '6 rlrprcwad Dy 'P.+o Ls�al llopaltulanl DORM MICROLAF3