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HomeMy WebLinkAbout1980-09-30 ResolutionRESOLUTION NO. 80-434 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Quik Trip Corp. dba Quik Trip 11503, 123 W. Benton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Lynch that the Resolution as read be and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x Lynch Erdahl Neuhauser Perret Roberts Vevera x x x x x x Passed and approved this 30th day of 1980 Attest: VitVyC=rk MICROFILMED BY ' JORM MICR¢LAS CEDAR RAPIDS • DES MOINES 1 0.. _ II I RESOLUTION NO. 80-434 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Quik Trip Corp. dba Quik Trip 11503, 123 W. Benton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Lynch that the Resolution as read be and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x Lynch Erdahl Neuhauser Perret Roberts Vevera x x x x x x Passed and approved this 30th day of 1980 Attest: VitVyC=rk MICROFILMED BY ' JORM MICR¢LAS CEDAR RAPIDS • DES MOINES 1 V r RESOLUTION NO. 80-435 RESOLUTION OF APPROVAL OF CLASS C SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: Quik Trip Corp. dba Quik Trip 4503, 123 W. Benton Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by --Lynch that the Resolution as read be a opted, and upon ro ca 7tere were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 30th day of September , 19 80 tayor 1 Attest: Ci y Clerk ' MICROFILMED BY DORM MIC R�LAB CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-436 RESOLUTION TO REFUND BEER PERMIT Ji2ec�;� WHEREAS, St. Mary's Catholic Church at2150 Rochester Ave i has surrendered Beer Permit No. BB 7745 , expiring 8/Y8/81 and requests a refund on the unused portion thereof, now therefor e, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby cancelled, and 9 BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 225,00 payable to Father Carlos Leveling for refund of Beer Permit No.BB 7745 . It was moved by Perr-- et and seconded by Lynch that the resolution as read.be adopted, and upon roll call there s MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ■ were: AYES: NAYS: ABSENT: +1 ' Balmer `I x Lynch x Erdahl x Neuhauser x ?I I Perret x Roberts x n Vevera x s MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ■ r r I RESOLUTION NO. 80-437 RESOLUTION SETTING PUBLIC HEARING ON THE DISPOSITION OF PUBLIC PROPERTY WHEREAS, the City of Iowa City has acquired certain property in the Lower Ralston Creek Neighborhood, and WHEREAS, the City plans to clear the property in order to carry out creek improvements, and WHEREAS, certain of the structures on the property can be removed to new locations or used for salvage, and WHEREAS, the City is required to have a public hearing on the disposition of I these structures, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY IOWA, that a public hearing be held on the proposal to dispose of the following structures by sealed bid proposals to be opened on October 21, 1980: 916 S. Dubuque Street; house for salvage only. 926 S. Dubuque Street; house and garage to be removed to a new location. 930 S. Dubuque Street; house and garage to be removed to a new location. I l Public hearing is hereby set for October 7, 1980 at 7:30 P.M. in the Council Chambers of the Civic Center, 410 E. Washington Street, Iowa City, Iowa. I' It was moved by Per ret and seconded by Lynch that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: L x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 30thday of Se tember 1980. AYOR ATTEST: CITY CLERK RECEIVED & APPROVED 13Y T9 L' EGAII DEP M �'2a/ �IdQ k I I i ! / I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES P.. i i i t; I i ADDENDUM TO AGENDA COUNCIL MEETING OF SEPTEMBER 30, 1980 Item No. 3h - CONSIDER RESOLUTION SETTING PUBLIC HEARING ON OCTOBER 7, 1980, FOR THE PROPOSED SALE OF HOUSES ACQUIRED BY THE CITY IN THE LOWER RALSTON CREEK NEIGHBORHOOD. Comment: This resolution would set a public hearing on the sale of the house at 916 S. Dubuque Street for salvage, and the sale of both the house and garage at 926 S. Dubuque Street, and the house and garage at 930 S. Dubuque Street, for removal to new locations. All of these properties were acquired under the Lower Ralston Creek Neighborhood Revitalization Project. HUD regulations require a public hearing prior to the disposal of these properties. Action: u .. �.,,', ;.:ta i.:�: Gyu�wL..........«....:..wu.w.-i�4 1 Is ,.'�IY:I uY4 '�:t i!Ya'itV3hLib.Y31AMY�•^ MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES dy' t I ADDENDUM TO AGENDA COUNCIL MEETING OF SEPTEMBER 30, 1980 Item No. 3h - CONSIDER RESOLUTION SETTING PUBLIC HEARING ON OCTOBER 7, 1980, FOR THE PROPOSED SALE OF HOUSES ACQUIRED BY THE CITY IN THE LOWER RALSTON CREEK NEIGHBORHOOD. Comment: This resolution would set a public hearing on the sale of the house at 916 S. Dubuque Street for salvage, and the sale of both the house and garage at 926 S. Dubuque Street, and the house and garage at 930 S. Dubuque Street, for removal to new locations. All of these properties were acquired under the Lower Ralston Creek Neighborhood Revitalization Project. HUD regulations require a public hearing prior to the disposal of these properties. Action: u .. �.,,', ;.:ta i.:�: Gyu�wL..........«....:..wu.w.-i�4 1 Is ,.'�IY:I uY4 '�:t i!Ya'itV3hLib.Y31AMY�•^ MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-438 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST AN INDEMNIFICATION AGREEMENT WITH DAVIS, HOCK- ENBURG AND WINE LAW FIRM, DES MOINES, IOWA. WHEREAS, it is in the public interest of Iowa City to complete the series of transactions whereby the City conveys a parcel of real property to the Ecumenical Housing Corporation, which property shall house the Ecumenical project being funded by H.U.D.; and WHEREAS, it is necessary to enter into an Agreement with the Law Firm responsible for issuing a title opinion to H.U.D. for said parcel of City property being conveyed to Ecumenical, in order to satisfy H.U.D. title standards, which standards require a showing that all City property is free and clear of any and all outstanding judgements and liens. Said Agreement is marked as "Exhibit A" and attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, .IOWA, that the Mayor is hereby authorized to execute and the clerk to attest an Indem- nification Agreement with Davis, Hockenburg and Wine Law Firm, Des Moines, Iowa, for purposes of satisfying the H.U.D. title standards in order to consummate conveyance of City property to the Ecumenical Housing Corporation. It was moved by Perret and seconded by Lynch the Resolution be adopted, and upon roll call. there.were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed add approved this 30th day of Sept. , 1980. WvEMe! 10, /. X P ATTEST: CITY CLERK-' - MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS - DES MOINES RECEIVED & APPROVED BY MM IWAL DEPAR ! 9 �o Po 1830 J 1 1 G V1� i i i r, IFF w i RESOLUTION NO. 80-438 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CLERK TO ATTEST AN INDEMNIFICATION AGREEMENT WITH DAVIS, HOCK- ENBURG AND WINE LAW FIRM, DES MOINES, IOWA. WHEREAS, it is in the public interest of Iowa City to complete the series of transactions whereby the City conveys a parcel of real property to the Ecumenical Housing Corporation, which property shall house the Ecumenical project being funded by H.U.D.; and WHEREAS, it is necessary to enter into an Agreement with the Law Firm responsible for issuing a title opinion to H.U.D. for said parcel of City property being conveyed to Ecumenical, in order to satisfy H.U.D. title standards, which standards require a showing that all City property is free and clear of any and all outstanding judgements and liens. Said Agreement is marked as "Exhibit A" and attached hereto. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF IOWA CITY, .IOWA, that the Mayor is hereby authorized to execute and the clerk to attest an Indem- nification Agreement with Davis, Hockenburg and Wine Law Firm, Des Moines, Iowa, for purposes of satisfying the H.U.D. title standards in order to consummate conveyance of City property to the Ecumenical Housing Corporation. It was moved by Perret and seconded by Lynch the Resolution be adopted, and upon roll call. there.were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed add approved this 30th day of Sept. , 1980. WvEMe! 10, /. X P ATTEST: CITY CLERK-' - MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS - DES MOINES RECEIVED & APPROVED BY MM IWAL DEPAR ! 9 �o Po 1830 f "EXHIBIT A" RECEIVED OCT 7 1980 AGREEMENT LEGAL DEPARTMENT. THIS AGREEMENT, dated this _30` day of , 1980, is made by and between CITY OF IOWA CITY, IOWA, a municipal corporation ("CITY") and DAVIS, HOCKENBURG, WINE, BROWN AND KOEHN LAW FIRM, Des Moines, Iowa ("LAW FIRM"). WITNESSETH: WHEREAS, CITY has entered into a contract of sale with The Ecumenical Housing Corporation to convey certain real property, which property is more particularly described in "EXHIBIT B", attached hereto and incorporated by reference herein; and WHEREAS, LAW FIRM is charged with writing a title opinion on behalf of the Department of Housing and Urban Development (H.U.D.), as funding source for said conveyance from CITY to Ecumenical Housing; and WHEREAS, it is necessary to protect LAW FIRM in the event an outstanding judgment against CITY should ever become a lien against said property, which event is clearly unlikely. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. CITY agrees to indemnify and hold harmless LAW FIRM against any and all claims which may arise against property described in "Exhibit B" attached I� e d.O.WdRECEIVED OCT - 4 1980 .. .rn.e,rn rr-Hurn.. nmwrt-+mmim�u•mm. n^rmma.....�.._.-.......,-........._......_.........��.__..__—._.__..__.� MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES r AGREEMENT - CITY and LAW FIRM W Page 2 hereto, by reason of a judgment now outstanding against CITY, which judgment is now stayed on appeal . 2. CITY agrees to specifically assign to LAW FIRM, as indemnity, the Certificate of•Deposit now on file pursuant to Rule 7 of the Iowa Rules of Appellate Procedure as a supersedeas bond, which Certificate is now payable to holders of a judgment outstanding against the City in Chicago, Rock Island And Pacific Railroad Company, plaintiff vs. City of Iowa City, et al,- defendants, cause no. 42535 in the District Court of Iowa in and for Johnson County, district court docket 106, page 300. 3. LAW FIRM agrees that assignment of said Certificate shall take Place in the event of a return unsatisfied on writ-:ofoexecution of said judgment, should execution ever become a lien against said property described in "Exhibit B" with subsequent levy against said property. 4. PARTIES agree that said Certificate of Deposit now on file is to serve as stay of execution on appeal to the Iowa Supreme Court, pursuant to Rule 7, and in order to comply with the 125% amount required by the clerk of court in order to stay judgment execution. PARTIES further covenant that this Agreement is not in any way to be construed as changing or affecting the relationship between CITY and its judgment creditor, Chicago, Rock Island and Pacific Railroad Company in the above -entitled action. 5. PARTIES agree that this writing shall constitute the entire agree- ment and shall be binding on their respective successors and assigns; and PARTIES further agree that no assignment of this Agreement shall be made. MICROFILMED BY N JORM MICR+LAB k CEDAR RAPIDS • DES MOINES FOR DAVIS, HOCKENBURG, WINE, BROWN AND KOEHN LAW FIPJI: C. by 1PPR07ED +til MM UM DEURTIIEHT City of Iowa CF,41; MEMORANDUM DATE: 9/29/80 TO: General Public FROM: City Clerk RE: Addition to the City Council Agenda, September 30, 1980 The following item is added to the City Council's agenda for the meeting on Tuesday, Sept. 30, 1980, at 7:30 p.m.: Item: Resolution authorizing the mayor to sign and the clerk attest an agreement indemnifying the firm of Davis, Hockenburg and Wine. U MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-439 B LE UD AUa2 61980 RESOLUTION APPROVING PRELIMINARY AND B R I E STO LFU S FINAL PLAT OF CITY CLERK EMPIRE ADDITION j i WHEREAS, the owner and proprietor, Empire Associates and American College Testing, Inc., has filed with the City Clerk of Iowa City, Iowa, a plat and subdivision of Empire Addition, an Addition to the City of Iowa City, Iowa covering the following des- cribed premises located in Iowa City, Johnson County, Towa, to -wit: I S r W Commencing as a point of reference at the Northeast corner of Section 2, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; thence South 0° 09' 23" West 431.43 feet along the Fast line of the Northeast quarter of said Section 2 to a point of intersection with the Northwesterly right- of-way line of Iowa State Highway No. 1 (this is an assumed bearing for purposes of this description only); thence South 57° 03' 30" West 660.50 feet along the Northwesterly right-of-way line of said highway to a point; thence North 32° 56' 30" West 175.00 feet along the Northeasterly right-of-way line of public road to the point of curvature of a 760.00 foot radius curve concave Southwesterly; thence Northwesterly 209.71 feet along said curve and along said public road to the point of beginning of the tract herein described; thence continuing Northwesterly 120.57 feet along a 358.04 foot radius curve concave Southwesterly to a point, said arc being subtended by a 120.00 foot chord bearing North 58° 26' 45" West; thence North 330 26' 23" East 300.00 feet to a point; thence South 89° 06' 03" East 142.27 feet to a point; thence North 33° 26' 23" East 443:69 feet to a point of intersection with the Southerly right-of-way line of Interstate 80; thence North 71° 46' 25" West 298.93 feet along said right-of-way line to a point; thence North 87° 30' 00" West 724.02 feet along said right-of- way line to a noint; thence South 0° 06' 47" L'est 209,19 feet to a poini; thence South 88° 35' 48" East 20.30 feet to a point; thence South 0° 13' 17" East, 1316.65 feet to a point of intersection with the Northwesterly right-of- way line of Iowa State Highway No. 1; thence North 570 03' 30" East 601.55 feet along said Northwesterly right-of- way line to a point; thence North 320 56' 30" West 323.84 feet to a point; thence North 570 03' 30" East 259.56 feet to a point of intersection with the centerline of said public road; thence Northwesterly 45.97 feet along said centerline, a 725.00 foot radius curve concave Southwesterly to a point, said arc being subtended by a 45.96 foot chord bearing North 46° 36' 20" West; thence North 33°•26' 23" East 35.34 feet to the point of beginning; and subject to ease- ments and restrictions of record, and containing 19.88 acres more or less. and , WHEREAS, said property is owned by the above-named corpora- tion and the dedications as required by the Subdivision Ordinance of the City of Iowa City have been made with the free consent and in accordance with the desires of said proprietor; and - - - CEDAR RAPIDS • DES MOINES 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 Ordinances of the City of Iowa City, Iowa, with respect to the establishment of land subdivisions, and with the requirements of Chapter 409 of the 1977 Code of Iowa, as amended, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said plat and subdivision of Empire Addition, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the preliminary and final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. Passed this 30th day of September 1980. John Balmer, Mayor City of Iowa City, Iowa ATTEST: — (2iL "A.) Abbie Stolfus, City Clerk City of Iowa City, Iowa Passed and approved this 30th day of September 1980. It was moved by Roberts and seconded by Vevera that the Resolution as read by adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUIiAUSER x PERRET x ROBERTS x VEVERA x �! Mayor ATEST:� City Clerk Received & Approved ByTI o Legal Departme t ICEDAR RAPIDS DES MOINES I i i i t; -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 Ordinances of the City of Iowa City, Iowa, with respect to the establishment of land subdivisions, and with the requirements of Chapter 409 of the 1977 Code of Iowa, as amended, and all other statutory requirements; NOW THEREFORE, BE IT RESOLVED BY THE CI'T'Y COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That said plat and subdivision of Empire Addition, an Addition to the City of Iowa City, Iowa, be and the same is hereby approved by the City Council of Iowa City, Iowa. BE IT FURTHER RESOLVED that the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution and of the preliminary and final plat of said subdivision to the Office of the County Recorder of Johnson County, Iowa. Passed this 30th day of September 1980. John Balmer, Mayor City of Iowa City, Iowa ATTEST: — (2iL "A.) Abbie Stolfus, City Clerk City of Iowa City, Iowa Passed and approved this 30th day of September 1980. It was moved by Roberts and seconded by Vevera that the Resolution as read by adopted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x ERDAHL x LYNCH x NEUIiAUSER x PERRET x ROBERTS x VEVERA x �! Mayor ATEST:� City Clerk Received & Approved ByTI o Legal Departme t ICEDAR RAPIDS DES MOINES I i i i ■ F i � S I - 4 �j 1 1 )tf i � S I )tf H , � S r . - 4 1 1 L 1 I / I STATE OF IOWA -3- CERTIFICATE JOHNSON COUNTY ) SS: I, Abbie Stolfus, City Clerk of Iowa City, Iowa, do hereby certify that the above and foregoing is a true and exact copy of a resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the 30th day of Sept. 1980, all as the same appears of record in my office. DATED at Iowa City, Iowa this 1st day of October 1980. Abbie Stolfus, C ty Clerk City of Iowa City, Iowa JORM MICR+LAB CEDAR RAPIDS • DES MOINES a M FUTURE DEDICATION The undersigned, American College Testing Program, Inc. and Empire Associates are Owners of all land included in Empire Addition, Iowa City, Iowa, as shoo-in on the final plat for said Empire Addition, Iowa City, Iowa. If and when Iowa City right-of-way is extended westerly from U.S. Highway I to the easterly boundary of said Empire Addition, then American College Testing Program, Inc. and Empire Associates does hereby set apart and dedicate to public use forever the area shoo-in on said final plat as ACT Circle right-of-way. The dedication will not be effective until the following events occur: I. City right-of-way is extended westerly from U.S. Highway I to the easterly boundary of said Empire Addition, Iowa City, Iowa. 2. The city of Iowa City'accepts the dedication in writing as recorded in the Johnson County Recorder's Office. 3. The city of Iowa City has accepted the street paving and storm sewer construction as public improvements. AMERICAN COLLEGE TESS6TING PROGRAM, INC. Marvin F. Brecht, Vice President Business and Finance STATE OF IOWA SS. JOHNSON COUNTY On this /71 day of , few 6 . r, 1980, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Marvin F. Brecht, to me personally known, who, being by me duly sworn, did say that he is the Vice Pres- ident of Business and Finance of said corporation executing the within and fore- going instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Marvin F. Brecht as such officer acknowledged the execution of said instrument to be the volurtary act and'deed of said corporation, by it and by him voluntarily executed. E14PIRE ASSOCIATES NOTARY UBLIC IN AND FOR THE STATE OF IOWA Jill L. Skive, President S E OF IOWA SS. J01114SON COUNTY I On this Lbday of0�eyy>�jC(— , 1980, before me, the undersigned, a Notary Public in and for the Stal of o—Iowa, personally appeared James L. Shive, to me personally known, who, being by me duly sworn, did say that he is the President of said corporation executing the within and foregoing instrument, that said Instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said James L. Shive as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by him voluntarily executed. NOTARY I'UBLI AND F R THE STAT •U� CEDAR RAPIDS • DES MOINES AGREEMENT THIS AGREEMENT made by and between Empire Associates, the Owners and developers, 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 final plat of Empire Addition of the following described property as set forth in Exhibit A and by this reference made a part of this Agreement, the Owner agrees that prior to the issuance of any building permit for any construction or development and prior to any installation of utilities or other improve- ments upon Lot 2 of final plat, the Owner shall obtain approval of a Large Scale Development Plan for Lot 2 in conformance with the provisions of Chapter 27 and other applicable ordinances and provisions of the Code of Ordinances of the City of Iowa City which are in force of the time of development. 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 Owner, its successors and assigns and every successor in interest to the above described property, or any part. thereof or any interest therein, and any party in possession or occupancy of the property of any part thereof. CITY OF IOWA CITY EMPIRE ASSOCIATES B ,"Imes L. Skive, President STATE OF IOWA RECEIVED ib APPROVED SS: BZ MM T,ECAD DEPARTIEENT COUNTY OF JOHNSON _ _-ffS 9 -Zy—So On this let day of October , 1980, before me, the unders,igned, . a Notary Public in and for said county, in said Sta'te, personally appeared John R. Balmer and Abbie Stolfus . , to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said corporation executing the within and foregoing Instrument to which this is attached, that the seal affixed there- to is the seal of said corporation; that said corporation was signed (and sealed) on behalf of said corporation by authority of its City Council and that the said John R. Balmer and AUhip St otfna 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. No ar Public In and For the State of Iowa CEDAR RAPIDS DES MOINES I I, s -z- STATE OF IOWA Ss JOHNSON COUNTY On this ��1 day of I hA 1980, before me, the undersigned, a 1 Notary Public in and for e S e of Iowa, personally appeared James L. Shive, o to me personally known, w , being by me duly sworn, did say that he is the + President of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said James L. Shive as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by him voluntarily executed. Qt y Public In and o 't a tate of Iowa - i 1, 1 JORM MICR�LAB CEDAR RAPIDS • DES No - I -z- STATE OF IOWA Ss JOHNSON COUNTY On this ��1 day of I hA 1980, before me, the undersigned, a 1 Notary Public in and for e S e of Iowa, personally appeared James L. Shive, o to me personally known, w , being by me duly sworn, did say that he is the + President of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said James L. Shive as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by him voluntarily executed. Qt y Public In and o 't a tate of Iowa - i 1, 1 JORM MICR�LAB CEDAR RAPIDS • DES No fl Ji' t y _ 1 -z- STATE OF IOWA Ss JOHNSON COUNTY On this ��1 day of I hA 1980, before me, the undersigned, a 1 Notary Public in and for e S e of Iowa, personally appeared James L. Shive, o to me personally known, w , being by me duly sworn, did say that he is the + President of said corporation executing the within and foregoing instrument, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said James L. Shive as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it and by him voluntarily executed. Qt y Public In and o 't a tate of Iowa - i 1, 1 JORM MICR�LAB CEDAR RAPIDS • DES No