HomeMy WebLinkAbout1976-09-14 Resolution76-319
RESOLUTION NO.
ALS ON TO
SS UE CIGARETTE PERMITS
WHEREAS, the following firms and
persons have made application, filed the
-
bond, and _paid-'the mulct'tax:required_.by
law for the sale of cigarettes and
_cigarette papers; therefore,
BE IT RESOLVED BY THE CITY COUNCIL'•OF IOWA CITY, IOWA, that theapplicatione
Clerk be
be granted and the cigarette bond now
on file in the office of the City ,
be he is; hereby directed
and the same are hereby approved, and
the City Clerk and
following named
to issue a permit to sell cigarette papers
and cigarettes to the
peraons and firms:
Ogden Foods, Inc. dba/U. of__.I.Stadium
& Fieldhouse
It'was `moved by Foster and seconded by Selzer
that the Resolution as read be
adopted, and upon roll call there
were:
' AYES: NAYS: ABSENT:`
Balmer x
deProsse x:
Foster x
Neuhauser x
Perret ,. x
'Selzer:- x
Vevera
x
Passed this l Wt, day of
�S22"r;,,
Foster
X
Neuhauser
x
City of Iowa City
IS
r__
11. That the undersigned owners and:each.of'them also executed a
Petition for Severing Territory ,from _the City of Iowa City involving the
exact same "Annexation Property" which has been granted by Resolution by
the City of Iowa City.
12. That the City of Coralville has water and sanitary seller lines
presently, installed in or immediately adjacent to the "Annexation Property"
and is in the best position to immediately supply all municipal services to
the "Annexation Property."
13. That it would be in the best interest of the property _owners,:
the City of Iowa City, and the City of Coralville For the City of CoraIvi1.1e
to annex said property.
14. That the undersigned "Major Property Owner" specifically conditions
his request for annexation upon the condition that said "Major Property" be
zoned 1-2, Heavy Industrial at the time said "Major Property" is annexed, all
as provided in Section 8.04.03 (a) of the Municipal Code, City of-Coralville,
Iowa, ,for which proper application has been made._
WHEREFORE, PETITIONERS PRAY that the City of CoralVille respond to;this
Petition by Resolution annexing the territory described in Exhibit"C" herein
into its incorporated land area.
P OPERTYOWNERS
/HARYsso—Cashways
:RAMOR = '
`Pa, Inc
(1Jowa,RoCovey,;qfStanley Chairmanthe Board and CEO OIpad Builders Company
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Commencing vltiI n northerly extension of thr gt'lins of Section
29, TUT 80 1!, P, fi Y. of the 5th P -M. ; thence Sunth 'alnny, tre '
east line of said Section 29 and Section 32, TVT 80'N, R-6 ?•� of the
-5th-P.M. to the northwest corner of theSouthwestQuarter of Section
33, TWP 80 N, R 6 1-1 of the 5th P.M.; , thence east aYuar r. of Section
line of the Sonthwcst Quarter of said :Section 33 ,to itsintersection
with the center of_,the Iowa River; thence southerly along the center-
line of the Iowa River to its intersection with the T•.ast=West-center-
line of Interstate 80; thence southerly and',westerly following, he
corporate limits of the City of Iowa City ,to a point wherein the west
line of Camp Cardinal Road intersects with the -centerline of Clear.
Creek, said point being approximately on the east. line 'of Section''!,
T1%TP 79 N, R 7 W of the 5th P.M.; th
lowing the corpence westerly and northerly:fol=
orate limits of the City of Co
ralville to its point
of intersection �oith the north line of said Section 1,.TLTP 7Q N-
R 7 W of the 5th P.M., said point of intersectionbeing on the s,outherly.
right-of-way line of the Chicago, Rock Island and Pacific Railroad;
thence westerly along the south rip,ht-of-way line of the Chicago,;
Rock Island and Pacific Railroad..
3. That as provided in Section 368.4 of the Code of Iowa 1975 as amended,
CORALVILLF. hereby agrees not to annex under any provisions of Chapter 368:-f the
Code of Iowa 1975 as amended any territory respectively southerly or easterly
of a line of the same description as set out in enumerated paragraph two
immediately above.
4. Thatuponcompliance with the provisions of Sections 368.8 acid
368.7 respectively of the Code of Iowa 1975 as amended, IOWA CITY ,shall -
sever from its incorporated land area and CORALVILLF, shall: annex into it
incorporated land area the following described parcel of land:
Commencing as ,a point of reference at the Southwest: corner of Section
60 TWP 79 N, R 6 W of the 5th P.M.,,Johnson County,
_Iowa,_;'`said;:p'oin
being on the centerline of Camp Cardinal Road; 'thence.North t 0'25 an"
East 1621.97 feet along said centerline of Camp Cardinal 'Road'to'a'pDint
(this is an assumed bearing for purposes of this description only);
thence North 20"24'10",East 322.69=feet along said, centerline of 'Camp
Cardinal Road to'the point of beginning of tract herein described;.thence
North 69034'50" West, to the west right-of-way line of Cam'p Cardin I ali. Road;
thence North 20°24?10" East 1735 feet more or less:along said'west =
right-of-way line of Camp Cardinal Road to point of`intersection'vieh.the
Southwesterly right-of-way line,of the Chicago, 'Rock Island and Pacific
Railroad; thence ,South 54'55'40" Fast along said Southwesterly right -of
way line of the Chicago, Rock Island and Pacific Railroad _tothe center
line of Camp Cardinal Road; thence South 54°55'4n"._East 206,9 87,feet along sai
Southwesterly -right-of-way line of the Chicigo,,Rock-Island67-and-Pacific
Dint;
Railroad to a point;' thence South 21"26'30"`West 13.36. feet to a.pint;;
thence South 89'33'40" West 731.54 feet to a', point;` thenceeeth`0"52'40"'
East 767.00 feet -to a`point; thence'North'69'34'50" T?est '1032.00 `feet
to the point of beginning; and containing 80 acres more or -less.''
5. That the line described in enumerated paragraph two above, including _
the easterly and southerly boundaries -of -the parcel ydescribed in enumerated
paragraph four above shall also be'the line defined for use in this AGREEMENT
as the "Line of Jurisdiction" between IOWA CITY and-CORALVILLE.
6. That in the event a rural or county subdivision is proposed which
by state statute requires IOWA,CITY or CORALVILLE approval, the same being
outside of both corporate limits but within either city's -two-mile jurisdictional"
limit or the equidistant line between the two cities; then the city'.receiving-
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vi i I� n northerly extension of the�C:i? t 1 in(.. of Section
TIT 80 1.1,'<C (1 1.,,Lfthe 5th P.M.; thence Smith atony. tine
cast line of ::ail Section 29 and Section 32,''TWP 80 N, R h'4' of the
5th P.M. to the northwest corner of the-Soiitltwest'Ouarter of :Section
33, T14P 80 11, R 6 W of the 5th P.il.;, thence east along the north
line of the Southwest Ouarter of said Section 33 to its intersection
"
_ction
with the center of the Iowa, River; thence sou therly;along,the center-
line of -the -Iowa River to its intersection with the -East-West.center
line of Interstate. 80; thence southerly and westerly following the;
corporate limits of the City of Iowa City to a"point wherein the west
line of Camp Cardinal Road intersects .with.the=-centerline`o''Clear'.
Creel:, said point being, approximately on the cast line of Section "1,
TI:T 79. 1d, R 7 14 of. the 5th P.N:;. thence westerly and northerly `f o1-
_ t.
locoing the corporate limits of the City of Coralville to its point
of intersection with the north line of said Section 1, TWP 7q N,
R 7 1.1 of the 5th P.M., said point of intersection being on the southerly '
right-of-way; line of the Chicago, Rock Island and Pacific Railroad; '
thence westerly along.the south right-of-way line of the -Chicago ,;
Rock Island and Pacific Railroad.
3 That as provided in Section 368.4 of the Code of Iowa 1975 as amended',
CORALVILLF. hereby agrees not to annex under any provisions of Chapter 368 of the.
Code of Iowa 1975 as' amended any territory respectively southerly or easterly,
of a line of the same description as set out in enumerated paragraph two
immediately above.
4. That upon compliance with the provisions of Sections 368.8 and
368.7 respectively of the Code of Iowa 1975 as amended, IOhA CITY 'shall
sever from its incorporated land area and CORALVILLE shall annex'irto its
incorporatedland area the following described parcel of ,land:
' Commencing as a point of reference at the So}ithwest corner of Section
6,`T14P'79 "N„R 6 W of the 5th ”P..M.,'Johnson-County Iowa, said point
being on the centerline of Camp Cardinal Road; thence North t.002.5'10"
East 1621.97 feet -along said centerline ofjCamp :Card inal.Road to a point,, -i.
(this is an assumed bearing for purposes of this description- only);,
thence North 20°24'10" Fast -322.69 -feet along said -centerlineof"Camiz,p s
Cardinal Road to the point of beginning ofItract herein described ;'thence -
North 69034150" West to the west right-of-way line.of Camp Cardinal P.oad;`i
thence North 20°24'10" East 1735 feet-inore;or less: along said vest'
right-of-way line of Camp Cardinal Road to.point of 'intersection.withl theS
Southwesterly right-of-way line of the Chicago, Rock. Islandand Pacific
Railroad; thence South 54'55'40" East -along said Southwesterly 11 right -of
way line of, the "Chicago, -Rock Island and Pacific Railroad .to-the;dent er-
line of. Camp Cardinal 'Road; ";thence'South 54°55'40" East 20E9.87.feet along
Southwesterly -right-of-way line 'of_the Chicago, Rock Island.and Pacific,
Railroad to a point; thence South 21"26'30"`West 1673.36 --feet to -a point;
thence South '89'33'40"West 731:54 feet toa point;` thence4-.orth10°52'40"
_ East 767.00 feet to a point; thence North 69`34'50"1•?est-1032.00.fee_t
to the point of beginning; and -containing -80acres more or less.:
.5. That the line described in enumerated paragraph two above,, including',
the easterly and southerly boundaries of the parceldescribed In ei.umerated
paragraph four above shall also be the line defined for use in this AGRFFMF1,TT
as the "Line of Jurisdiction" between IOWA CITY and CORALVILLE.
6. That in the event a rural or county subdivision is proposed which
by state statute requires IOWA CITY or, COP.ALVILLE'-approval, the`saae being
outside: of both corporate, limits but within either city's -two-mile jurisdictiona'
limit or -the "equidistant line between the two cities; then the city receiving
_2_
+City of Iowa Cit
MEMORA DV i
DATE: September 9, 1976
TO: City Council
FROM: Human Relations Commission
RE: Amendment to Ordinance 2605 -
The Iowa City Human Relations Commission is proposing to the City
Council an amendmenttoOrdinance No'.--2605.--This 'ordinance
regulates the sale, and consumption of beer and liquor. The'
amendment would require applicants, both new and renewal, for
Class A Private Club Licenses to submit information regarding'
their private club status which would enable the 'City ;Council
to determine if a Class A License should be granted.
=--
- The question of what constitutes a private club was raised in
November of 1975. The Council requested that the City Attorney
and the Human Relations Commission look into the operations of
- a newly opened private club called Grace and Rubies. At the
November 17,-1975 Commission -meeting, the staff was directed to
begin research on private clubs and what authority the'Human
Relations ordinance has over these clubs. Section 10.2.10(B):
of the ordinance states that 'a'bona fide private club is exempt
from the -non-discrimination clause ofthePublic Accommodations
section.
A memo, dated Feb. 9; 1976, prepared by Angela Ryan, then a legal
clerk,recommended-that the Human Relations Commission look further
into the, operations of Grace and Rubies This memo contain ed'a
review of the pertinent case law to ascertain criteria for deter-
mining private club status. The by-lawslof Grace and Rubies were
compared with this information. This memo and 'a later one which
expands on the review of the case `law 'are _-available -upon your
_
request.-
A motion to defer discussion of -Grace and Rubies until _general
criteria for determining private club status was established.was ,
made at the March 22, 1976 Commission meeting. The preparation of
developing guidelines on what constitutes a:private clubi began.
At the May, 1976 Commissiori meeting, the first set ofguidelines
was brought to.the'Commission for approval. `These:'guidelines,were
drawn primarily from thereviewof the case law done by Angela Ryan.
'
Representatives from Grace and,, Rubies; came to,this.meeting'to discuss,>
with Commissioners the concern that selective enforceme'nt.against
Grace and 'Rubies was happening and that the -research"of.the case
law maybe biased because it was done with Grace and rRubies as the
`.specific case at hand. In -response -to this concern,:, Commissioner, •.
''
Matsumoto moved that the City,Attorney's office examine all'`clubs
".
with Class A Licenses in the same manner it examined the operations
-
STAFF REPORT -
Planning a Zoning Commission`
August 19, 1976
SUBJECT: Z-7611. Application submitted by Heritage
Systems to rezone a tract of land south of
BentonStreet across from the Seville
apartments from an R3A Zone to a`PC Zone
for the development of a neighborhood convenience center; date filed: 7/26/76;
45 -day limitation: 9/9/76.
STAFF According to Section 8.10.17.1C of,the
ANALYSIS - _Zoning Code, "before the rezoning of any:
tract to Planned Commercial district
zoning will be considered by the Planning
and Zoning Commission and the City Council; the owner or owners .shah submit
port concerning
to the City a xe(1) the economic feasibility of.a. planned
commercial district at the location of their tract, (2) the effect of such
`on the surrounding property, and (3) the impact
a planned commercial district
of traffic`generated`by such a planned commercial district on the surrounding
streets." The following analysis is presented to assist the Commission in
making'a determination of the acceptability of a PC Zone at the above location
on the basis of the abovementioned concerns.-
The concept of a neighborhood, convenience center is perhaps: more misconstrued
in its application to a neighborhood or to the effect upon a community as a
whole than any other type of facility. This is understandable since there
are not any commercial centers within the City which -incorporate:_all,.of the
ic of a neighborhood, convenience center. ,The
necessary elements characterist.
Towncrest centers, the Court Street and ScottBoulevardareas zoned.C2, and
the Mormon Trek Boulevard and Benton Street areas zoned CH or C1 with -enough
land area for commercial development comparable to ;a Sycamore Mall.;with
P
robably as many diversified uses, are not perceived to be (and probably
weren't to objectionable neighbors) as neighborhood.convenience centers.
Neighborhood convenience centers should be likened,to passive and -active
neighborhood recreational areas, elementary schools; and other facilities
which -provide -a convenient and essential service to the neighborhood and not
to the community as -a whole. Attached as a supplement_ to`this analysis are
excerpts from various sources setting forth the planning and design criteria
essential for the development of neighborhood convenience centers.-
The proposed` neighborhood convenience center would be located in the,
approximate center of-a:neighborhood generally described by the boundaries'
Melroson the north, Riverside Drive on the east,`Highway;;1 on the.
south ae Avenue nd Sunset Street on.the west.The economic analysis and feasibility,
`application'illustrates a trade area encompassing
study presented with the
all'of the' neighborhood and westerly beyond Mormon ;Trek Boulevard; Because
the'lack'of competition in -West Iowa, City, -with the exception of.the'
Wardway Plaza and the business development in Coralville and along. ,
Riverside Drive, the neighborhood convenience center would_be,expected to,
flourish. Support from this trade area will diminish, however, to the
4
-2
approximate area of the neighborhood itself if.and when a shopping center
is developed at Mormon Trek Boulevard:and -Benton Street. The obvious
concern to the developer and equally so of the City is whether there
ultimately;will.be enough support from within the neighborhood to sustain
the neighborhood convenience center:
According to an unpublished study by the staff, the estimated holding
capacity or population at saturation within: the neighborhood will be
approximately 6,000 people. According to design ',criteria, a shopping
center of the magnitude proposed should be supported by a-population:of
from 1,000 to 2,000 persons. Thus, it would seem, there will bemore
than adequate support augmented by the high density of residential
development within the immediate vicinity.
Locatedadjacent to the tract-are-apartment complexes-to the west, across
the street to the north, and combined with offices to the east 'and
undeveloped land to the south'.- It would be difficult to find a better
locationfora shopping facility which would-supply_;the essential day-to-
day items required by the residents in the immediate area. As a-convenience
to the' residents,_the neighborhood convenience center would>provide'an
amenity acceptable to apartment living. And contingent upon;the dev.elop-
ment of the neighborhood convenience center and the construction or
installation of appropriate materials to buffer the adverse effects upon
adjacent residential uses, there would appear to be no deleterious effect
upon adjoining property;
The staff would agree with the 'marketing consultant's comments relative to
the traffic;volume_on Benton Street (see page seven of the market study)
Theoretically, if the neighborhood convenience center consists of stores:
which cater only to the neighborhood, then it canbe assumed that residents.,'
- will not be travelling via Benton Street to-destinations beyond. the-neigh-
borhood-for essential
heneigh-
borhood-for-essential items, and many will find it more convenient to walk
to the center. - Basic to this assumption, in part.',is-the development of
the shopping center at Benton; Street and Mormon Trek.Boulevard. Otherwise
residents beyond the neighborhood to the west who frequent the businesses
in Coralville, might find it more convenient to shop at the'proposedlcon-
venience center. Nevertheless, it does not appear that the traffic volume
would increase appreciably.
While the tract would appear to be a most desirable location': for a neigh-
boihood convenience center, there is one major constraint.' "Best locations `
will normally be found on major streets and preferably at or near the
intersection of main or secondary thoroughfares" -- so it says in the
attached literature on the design criteria for neighborhood"convenience
centers.- That's arguable considering the hazards of traffic-movements
near.a major intersection and the exposure of a shopping center to.possible -
residential development-at the other three corners of the intersection.
But, there is one advantage.-- pedestrians 'en route-to the center can
safely _cross a_street at the intersection.
_3_ -
Here, it seems, is again the old nemesis of a heavily traveled street which
bisects the neighborhood making it difficult -t
the neio traverse from one,part'of
ghborhood to the other. For this reason, the staff would propose
as a policy that every attempt be made:to deemphasiie'Benton Street as a
major arterial street'. This can be accomplished by- several .methods:
1. By ,encouraging the use of other east -west thoroughfares such as
Highway I and Melrose Avenue:, This would entail the extention of
Sunset. Street southward to Highway 1, the construction of an east -
west collector street from Mormon Trek Boulevard to Sunset Street
north of the City's South corporate line,-the_widening of Melrose
Avenue to accommodate four -full lanes of traffic, signalization'
to facilitate better access onto and movement along Melrose Avenue
and Highway 1, and by the avoidance of direct travel patterns to
Benton Street in future developments.
2. By terminating Benton Street at Mormon Trek Boulevard and establishing
Rohret Road as a major arterial street.
3. By impeding the flow oftraffic on Benton Street to make it less
convenient for cross-town travel.
4• By prohibiting any further high density residential development
along Benton Street.
A reduction in the volume of traffic on Benton Street would certainly not
eliminate the constraint above indicated but it might, at least, be ameliorated
to a tolerablelevel. Regardless, the City, must weigh the,; acceptability -of -.the
proposed, neighborhood' convenience center in view of this constraint:- If found
acceptable, a solution might be the installation of a pedestrian cross fight
at a location -to facilitate crossing Benton Street to the neighborhood convenience
center and also to Roosevelt School.
STAFF According to Section 8.10:17.16 of the
RECOMMENDATION: According
Code, "land zoned Planned,Commercial
Zone shall be laid out and developed as "a
- unit according to';a plan conforming to
requirements of the Large Scale Non -Residential Development Ordinance'!., While
the rezoning of a tract to a PC Zone is not predicated upon the approval of
an LSNRD plan, it is the staffs recommendation that the subject application
be approved simultaneously with the approval of the preliminary LSNRD plan
submitted -(see 5-7622).
$ 6? `� Q NEIGHBORHOOD'_
t
YJi li SHOPPING CENTER
u
LOCATION AND SIZE
Tributary Area. The small neighborhoodtype of shopping center should be
considered as a local convenience and service facility which must depend largely
for its success on supplying the everyday, needs of a limited residential population
within a relatively small surrounding tributary trading area. It is only rarely that the
small center will draw a substantial amount of trade from other areas. It should be
borne in mind that unless there is a strong trend toward population growth within
the trade area; not every small center is.a potential community center.
Experience has shown that neighborhood convenience centers need aminimum
of 1,000 families within the immediate tributary area in order to have a fair chance
of success. With this population,'a minimum center of B-12 shops with a minimum
site area of 4 acres can usually be supported under average conditions. A super-
market or drug store will be the main tenant and average gross floor area of the
center will be 40,000 square feet, though the range may be over this figure for
average size.
Support of the center must be gauged in terms of the average buying power of
the families in the primary trade area; a low to medium income group may require
>up to twice this number of families. With a supermarket as major tenant it will draw
easily from a distance of one and o half miles.
Competition. The second factor to consider is the location of a shopping center
with relation to both the existing and probable future competition which may be
expected from other business districts. Well located shopping centers may, on the
average; be found at intervals of 1/z to 1 mile, depending upon the type of develop-
ment in terms of families per acre orsquare mile and the range of income groups to
' be served.
It not advisable to generalize too broadly in determining the tributary area of
any given center, as local factors will be determining. The point should be made,
however, that one strong center with its own tributary area is always better .tfian
two weak ones with substantially overlapping areas. Where there Is existing com-
petition or potentially favorable locations for shopping centers within distances
substantially less than those mentioned, the developer should consider his own
project with extreme care.
Access Streets. The third factor from the location standpoint is the relation of the
streetsystem to the contemplated shopping center. Best locations will normally be
found on major streets and preferably at or near the intersections of main or
secondary thoroughfares. The specific location should also be situated so that it is
easily accessible from its tributary area, both by pedestrian and vehicular traffic.
'Centers which have been located off the main traffic routes with access to them
only over minor residential streets have seldom proved successful. If possible,
choose a site where the street system within the tributary shopping area feeds
more or less directionally toward the shopping center area If a new area Is being
developed, the access street system can, of course, be designed with this element
in. mind.
Topography. The fourth factor is topography. A shopping center site ordinarily
' should be relatively level with grades not exceeding 21/2 to 3 percent -flatter if
possible_. Greater grades create a resistance to local shoppers as well as to pass-
ing street traffic. Grades at store fronts of not over 1 to i Y4 percent are ideal In that
they provide' adequate drainage and; permit store fbors to slope
breaks at frequent intervals. A sloping site may be adapted by u
construction in the building:_
Many authorities advocate that a smallcenter. be located on the
side of the street. This will usually depend on the type, and size of, a
shopping habits, relation to the expected tributary area served, and.
of adequate site area
Utilities. Availability of utilities at or close to thesite _is a positive f
improvements:' Long runs to reach available utility connections sho
On-site improvements are items installed at the_develop6eexpens
overall building construction costs. Besides the Utilities these indude
for interior circulation on the property; pa
scaping. rking areas; outside tight
PLANNING THE SITE
Store Types. The initial site for a small center should generally.n
than four to five acres. Site depths of -400 feet are desirable in order 1
off-street parking and stole service; This depth is, of course, not atw
where sites are in areas afreadysubdivided. The developer shouli
the possibility of expanding his center at some future -time, and
should reserve additional land for this purpose which can be put to
ary commercial use in the interim period. Initial construction migh
approximately 10 stores in the following order.
1:Supermarket.
2. Drug Store -with some eating facilities.
3. Cleaner and Dyer Shop, which could be combined with a tai
4. Beauty Parlor.-
-5.
arlor.-5 Filling Station,
6 Bakery (this might depend on provision by grocery).
7i Shoe Repair.
8. Laundry Agency (possibly in rear of another store).
9. Variety Shop.
10i' Barber Shop.
Variations from this basic, fist, of course, will occur, depending i
vidual case. For instance,'in an area of small apartments, a restau
desirable among the first ten tenants. The drugtore and supermz
basis•for any center, however, and no center can be considered con
them.
Store Grouping, The grouping of stores in a small center does nc
Importance which is involved in the larger center:' However, the locati
store and supermarket will tend to anchor the group. The drug store
have the prime location, preferabfy.the, corner store; if tlie`developr
intersection of two streets. The other end of the group shoul&normall,
by the' supermarket. The smaller shops located between have the '
pedestrian traffic generated, between the two. If. the center grows the
one or more tenants will probably become desirable -
-i SOURCE Home ewlden Minn] for Land DeleMpmem 2nd £dulun Nmli nut Ar+w+ann ofNane 8.
LOCATION OF NEIGHBO-RH-0-0ff--5 IN-G-C
UNTERS-,
eII • PLAN.NI.VC T11E NF-ICIIUORNO� ti
s `t e1 ,tualdoor) ames such ainc room, equipment c for in- cal conditions. The flexibility with which-facilitir
g ping-pong, chess, checkers, may be provided by separate community center -
card
card game, etc. tr existing and new schools or churches makes it;dilO
r d) reading and exhibit room
e) kitchen for preparation of refreshments acult to recommend fined arca allowances for
ria nd for varied indoor recreational uses.
cooking classes 111 h'
�. - f) workshop for classes in arts and crafts; particu- CltvltcltEs
' Iarly in connection with household furnishings Neighborhood churches may la an im as
Y P Y portant u
g) office and storage space for organizations partici- role not only in the religious, but also in the social an n
gating in activities - ._cultural life of a community, serving in part as recess sc
..4 - at
METHODS OF PROVIDING FACILITIES atonal and educational- centers.'s-Although',specific
Plans for churches in
to comements unity fisted above may bemct by a sepa- not be made before thecommunityun ty is a upied,ment areas usually. ct�
rate community building for. each neighborhood, in important that space be set aside for the later bull
Ir
new or existing buildings such o if pert es, YMCA's, of churches.' Because of the variations in rcliglo' n _ b
etc., or;by the elementary school if permitted by its terests of various population groups, it' ma g £ o
design and operation. - T a.
Possible to predict the number and t y
Use of the school building assures the economy of that may s nn u ypes of churches
multiple use. Provision it aseparatecom it nitybuild- religious authorities consider it reasonable to_plan p;
mmunity.* Ho
org give greater flexibility and make it easier for to one church for every 700 families: A plot of not I'
j organizations with daytimeactivitics to operate with- than
>V4 acre •`..outinterference.Thechoicewilldependonthefollow- chart buildinm area should be reserved each
mg local conditions; g•1° The local (city or county) couiicil
-- - of churches. may be of assistance-: in deciding prob•;, .
a) whether school authorities are able and willing lems of church location. ' ' , - - w
to provide the additional facilities necessaryfor Where neighborhoods: are tom 4
- a "community school" and to posed of very., di `r
permit the regular versified religious groups, churches mayoften bo''
use or parts of the school building -at all timesgrouped with other community facilities at the--dutnct
b) whether other appropriate buildin s are avail_' -level, such as high schools and civic centers,' as they
able to all residents; g
then serve a rather widely scattered population In
I c) whether there arc existing or potential organ- thcse'cascs location of the church on or nears primaryi
izations within the _community. which _signify traffic artery: is important, and ]and allocation.for .'
r he churches should be considered a district rather than
their willingness and ability to operate in '
community building and to pay rent which will a neighborhood problem.
+( cover the construction and maintenance costs;
d) whether the financial structure of the proposed 23.. NEIGHBORHOOD
development makes the construction and opera- SHOPPING
tion of a community building practicable as a
i. part of the development itself. GENERAL REQmRE)tENTs
'-- - - Neighborhood shopping facilities are considered to
wouuId be to combine theschool andasmallcommunity
Ips include only those store and service establishments_,
I d means of avoiding duplication of facilities which are used frequently by all families and'whicIt
tl1d tos building into a single community center. Schoolau- should be easily accesibldto the home.
, playrooms and classrooms can then be used, Shopping is normally the only neighborhood tom -
while office and storage space and; special facilities muni y facility which is not a-leastpartlrhood corn
such as a reading room, game room, kitchen and work- by a' public oc voluntary agencya'.The enterpriser in
shop ized
can be provided within community building. this case"may be a chain store, -a -department store, an -t
��• - -<
I In this case; the nursery school and health center may _ Individual shopkeeper or'a cooperative sceiety: Such
I well become a part of the community,ccntcr. variants as these affect the tannin
Neighborhood area allowance for indoor social have no material eifectonspacestandards.cThe hop
and cultural facilities arc given in Table 11 under ping center, may be corlstructcd to the d. The hop -
"acres in general community facilities.,, Thcsc area by the firms that will operate the stores. The chief
`t requirements should be considered as a general guide lannin considerations arc the nced.to. include the
% .only. The figura must be adjusted in each case to lo- -pro g
p per types of facilities and the need for enough con
i 11The reading room can often' be supplied with books and trol over the physical plant to preserve the arcmtec-
1-• exhibit material by arrangement with the city library,tura] and other' amenitiesofthe neighborhood.:.
f or. other organizations: Many large cities have mobile
beam ,.
units manned by professional librarians, which can service this - Health department services, for iastantt, are often given
l i type or. library station. Arrangements for. library service and in -� harsh buildingi. _
ps +<eommendanom as to the amount ors cc and t Area reqquirements forehurehmandethv indmrsoeial and
went should be obtained from the local public library.
equip- fa aides" in
covered by"gQesin encraleommumty
,l rY• facilitin" in Table 11 and related tables 0f Chapter VL: '
I1
IYtOL'/SIO,l�UF •nEIG7IBORHOOD CO,(I,vJ :j•I#F,(CIL)7IES
its - -
or TiPEs or Sr-Itvtcr-s AND FACn-ITILS 51 t
gni_ - IcrS re be more pl nntid neighborhood shopping cen-
dch The typcs_Of goods required in the neighborhood asrto including haingltbasis '
aredeterminedby their. importancq to daily- family should be: is it useful to the majority of the residents;
' life. Themin-munrlcquiremcnt, that agrace - g gtvcn type- oPcommcrcial faulity - .. .
and drug store be available within the neighborhood
ry store can it be cconomicall su v
is based on the fact that lack within
shopping Y PPorted. is there
:ant attached which would make it undesirable in a resi_
and tees, especiall for PPnut nutrition;
dentia] area (as noise from a dance hall)? +
Y perishables, may affect nutrition;
and that lack of medicine and first-aid supplies may be AREA Rs{Zu7Rextt a7S
res_ serious in an accident or acute illness
ane The following list of basic facilities which may Table ]O gives assumed si,cs for neighborhood r
included the sho- - -" y,be shopping._1
it a borhood is given hopan illustration on residential
than arec- on, ra ranging
for a: range of neighborhood popu-
lingneigh-lation, ranging from 0.8. acre to `3' acres. These sizes,
ommendahon. It has been used as thebasis for space 7 - -
in_ are based on normaLmcrchandizing practice, for the
allowances m Table 10. types ofstores indicated: Changes in store t #E .�
im--'
;hy Food market-(including specialty; foods such as in coed for parkin YP� would
of course require changes to area, as would vareations
ver bakery and delicatessen goods); g. The total space indudes building I t
t u Drugstore - coverage, service and cost and midi g e 1
p " g (including reading matter, stationery, tion space, but does not include special buffer strips
Less - - tobacco and vanity goods);
which may be needed for protection of nearby resi- `7
ach Barber shop, beauty parlor; laundry and dry clean- donees. It is assumed that the site will be laid out so
l l
°cit ing pickup service; shoe repair and shoeshine serv- that these can be included in the neighborhood park. f +
ob icr, auto service station`(including filling station Otherwise, shopping center sizes should be materi
minor repairs and auto accessories): - ally increased.
di-In isolated developments, a dr '
ygoods and hardware LOCATION AND Se t> �(Ltnusstt Nes t,
store, lending library and restaurants may a 1
:riot : ately, be included. Y ppropri- Location ofsho
ppingandothercommunityfacilities V '
hay The provision of shopping close together, is generally desirable: Under. normal .+ ;
In economic problem. However, it apb ar'tnlyon conditions all shopping facilities in. the neighborhood i
Lary PP B- I ?
for 8 should be combined in one location, for the cometh 1 `
amenity the neighborhood; in that a sound eco- once of the sho
ban nomic approach in the choice Of stores and services will unlike he
stores, cthcrmore"affectivCly providegcentfer 1
avoid an oversupply of small marginal stores which Aper' Furthermorq'a shopping center
an
tend toward frequent change of owners and in steps' adequate;parkin and -
stability• - _ P uncontrolled spread of ommercc._, ion from future
`- he sh
The neighborhood shopping center should contain' filet bcgwt ben of tween three itypesg center should prevent con
only the types and number of stores which can be well shoppers, of circulation: pedestrian
supported _b the m Peers, sho
Y population. .Support imp]*es not PPcra to automobile and vehicles sexy I1
d to O°lY that the stores can make a fair.profi[ but that eeeng the stores.
:their volume of business will be large enough in rela Service areas should be designed in a manner whish ,. i f!(
ones a tion to overhead costs so that the residents of neigh- sYell avoid rat and insect breeding grounds. Im tt
heck borho-od will obtain goods at average prices, g Diss, easily cleaned courraurfaces and provisiofn for !
On this basis, the stores and services to be included sanitary- outdoor storage of waste are needed, f _'
ze , will be those for which the total salts volurne re aired Enough' planting should' be provided around the 1
t7ed for. efficient store operation will be equaled b t
r m .estmated purchasing power and demand with n the shopping center to protect hazards residential struc-
Y the tures from noise, traffic hazards and glare. �r
' a° neighborhood st
such A body of data on this subject is gradually being 24.
but g HEALTH SERVICE FACILITIES f
"itshould be'noted that estimates of Commercial
7OP- 7: quircments based on the amount ofcommvic",3tmg phn �j
ror i rannot be taken asaguide to theamount thatshould be supplied
hief in new develo mens,. Use of the figura for exinin supplied Essential needs under this.It
commerce w' g i Chapter I: convenient access of r g were sketched m
lite •t; �Pr°duce. an oversupply "of shoppingg facilities. medicalanddental SCNICC and esito' private l,b
Yost inventories of existing :ommcrcial land use do not du- 'dents
on- criminate between neighborhood dill,, and tie to genera] hospital fill
CC- ping centers. .: _ y-wide sho n ' -
one Purchasing -- -.. P- Robert W. Dowling ••Neighborhood Sho - p
pastern ofcomumv odtitu es ani hborhood depends on the �f,rforrrrtoef Forum, October 1943, p Ppmg Centers ell
lies within the community- d the total number of (ami_ Catherine Bauer and Ca�ence S. $ ���g�
even ty. The neighborhood de Neighborhood Sho tem. "Stole ,,.dinggs and
-" eatiated from purchasing-power alone stand, as differ- ary, 1934 87P°"g Centeof• Arr/ntrryal.Rrrord, Febry t
and -4 mount of competition due to nearb 'writ depend °n the a_ 'pl' 175' - -
smty, mm
and quantity of Dods and urvim psrooPPdeg areas, the quality borhood Neeun1testit ilders'.Couneil,'•ShoPPmB Centers-A Neigh.^
. i the convenience of the location of th d b the store and :,Ottobcr-Novembv, 944,Urban
Lo'�' September, 7944, pp• 7, 4 I .
center•- a neighbo Good ahoppin8 Marcel Villaneuva; P(apip. 1,-4:
g:rVriQh[rorhoadS%,o _ tet _
(New York: National Committee on
$amid lD,ag Cr"'rrr
g,
u
52
PLANNING THE
NEIG11I30R1100D•
facilities; and participation of the neighborhood in the
ping will be governed by the official fleahh depart.
`
official and voluntary public health programs of the
ment. Technical Assistance may -also be had fromthe
locality.
-of
U. S. Public Health Service, ,which has "prepared basic
d
Availability a physician within or close to the
plans for health centers that can be adapted to; the
neighborhood: is a minimum essential Medical and
- needs of any locality."
f o
dental offices can usually be provided in buildings of
c
the neighborhood commercial center.
r;
It will seldom be possible to provide new hospital
25. NEIGHBORHOOD, COMMUNITY
tl
facilities for a single residential neighborhood, but in
isolated locations thought should be given to critter-
FACILITIES AS A WHOLE
gency facilities ill connection with a doctor's office.
Local school health services will normally be ex-
p
tended to the neighborhood school, and needed ex-
GROUPING
amination or office rooms should be included in its
The facilities should if possible be grouped together
design, of course after consultation with local health'
: in the direction of the major traffic flow from the dc -
r .
authorities. Decentralization of other public health
velopment area to the outside, accessible by. direct
• -. TABLE 10.. NEIGHBORHOOD SHOPPING CENTER -SIZE
^;
Anumed Component We, and Total Area, by PopulDlfon of NJphb_ orlwoda "
NEIGHBORHOOD POPULATION
�•
SHOPPING CENTER 1,000 persona.. -2,000 persons -.3,000 persons 4,000.pvroln -.5,000 Persons
`
275 familia 550 familia.- 825 familia -. 1,100 familia 1,375 familia
#y
COMPONENT USP!
-A
yv
1 1) Ground area of bldgs -b sq. ft....: - 9,000 -
2) Customer auto parking:* sqit -... -.18,000 "..28,000
.14,000 --_18,000 22,000 •_. 25,000 -
.36,000 .:44,000 50,000
°
3)
- 3) Gas service station sq ft - - . -. —
— 24,000- 24,000 24,000
'
4) Circulation, service and setback:4
.`.
..it
sq. ft ... ......... ........... 6,800
10,500 19,500 22,500 25,000
t e�
TOTAL AREA
?s
5) Square feet - -. 33,800
6) Aces..
52,500 - 97,500 112,500 724,000
a
3i
......... ... .80
7)Acres; per . 1,000 persons .80
_ 1.2 2.2 2.6 _.. 3.0
.60 . .75.. .65 -. .60
�
-
. -- 125
8) Square feet per family...........
95 120 ' too-. 9p
1
d
Compoveet urs a..d are. tberera MO be affected b1 teanomie.t tu. of raidevu and ImaJ organization of retail HrAea. ^-
.Sam
and w-vIca w..med to Iodude food drum. barber and be..ty.hp� hoe repair, laundry and dr. dcadnS pickup mdoq a furtba
I bed Iv tvL One-.tory bu0dinp wumed: around nu equ.h total Boa re.. rqulvdcm Boor area In Naha hfldivp would «dua laud rcquiremcva-
k
fe, thi. Item .ad Items 45.-.-
{ t
•Parkin g 01wance It the Boor are. of bundinp; as rectirnaled,cl byv.dotu .utherida.
aMow.er.far
el,".dod.ndn.nd.etbaek... (to ledude w.na PLndot.viPt. ac Md loom and.adm parldva) b 2S pct een[of toW dhem.
• 1,2.nd3. Ne aaowana4made bvefa.ub.uvddbuffvrWplrtwcev.6appleaaNa.naldwenlop,ThWa.aumrd Hbep.rtorn1Shborboodpuk.
-
I t;l
,2.
rog rams may give an opportunity to develop a sat-
I P g Y g PP Y P
pedestrian and automobile routs. Suchwill
grouping
:.�
ellite health center in the neighborhood -perhaps in
,
encourage the use of all facilities.
j:
a structure provided by the city, perhaps using space
Ile existence of a physical center of the neighbor
in the community center, school or an apartment
hood stimulates the growth' of community relation -
building.. building. Services have thus been extended in many
ships and the acceptance of community responsibilities1
titin in conjunction with public housing projects.
by the residents.'•
4
( Among the health activities which may be carried on
�
,
As most community facilities require comparatively
in such facilities, supplementing those of private prat-
flat land, topography will, to some extent, govern
titioncn, are the following:
their grouping and location. Special situations, may
Antepartum and postpartum maternity clinics
occur in which such grouping will not be advisable,
k
.. Infant health services - �.-
especially where existing facilities mlLttbe taken
_--.. -
' `I
Communicable disease clinic and registration'
__
account:
office
Within the group, the various community facilities
( -k 1;
inoculation service
should be physically separated from each othcr'toprc
_
t.'
Tuberculosis clinic
vent confl ict of circulation. It is especially important
_
-�
Dental
that pedestrian access to the school -be separate from
- - 01
Nutrition education
all vehicular access to other facilities.
%-
-
I k:;
Visiting nurse service
I.
w
:j
- - - -
Where a health center is to be developed, its plan-
M''public health Centers, -1 Arehifect.aaf Ricard, July, 1942
pp. 63.78. -
"
,•f
%t
i
- '
STAFF: REPORT
Planning and Zoning Commission
August 30, 1976
SUBJECT: - - Z-7613. Application submitted by.
Plum Grove Acres,Inc. to rezone-aF
tract of land referred to as Court'
" Hill -Scott. Boulevard Addition,
Part;5 from RlA to RIB and R3A and from R3A to RIB (see attached zoning map),
located west of Scott Boulevard and north of Washington Street. bate filed:
8/17/76. 45 -day limitation: 10/1/76.
STAFF The subject property consists of.
ANALYSIS: about 9.6 'acres of vacant :land.
As mentioned previously in,`Staff.
Report 5-7621 (dated -August 2,
1976) the request area is located in the South Ralston Creek watershed.
New development in this area will have little impact upon the water xim-
off problems. New single family developments'zoned RIB are found to`ithe
north' and,south.of the request ;area. An arterial street, Scott Boulevard,
abuts the property to the east.
The present zoning scheme of the subject property is not conducive to desirable
land use patterns as high density R3A zoned land abuts low density areas zoned "
RlA. The proposed zoning would do little to improve; the present zoning scheme,
and may create a more undesirable zoning pattern for the followingreasons:-'
(1) the rezoning request -would increase the area of the R3A Zone by. more than
one acre, (2) allow for the lineal development of an extensive area of high^
' density residential uses along an arterial_ street, and (3) the request would=
permit low density single family areas to front upon'a high density multi -family
development.
In addition to the above, the staff reiterates its opinion stated previously
in Staff Report Z-7608, dated July 1, 1976, (application submitted by Court-,
Crest, Inc.) that future proposals for R3A zoning should be delayed until
such time as the forthcoming Comprehensive Plan or new and revised zoning
regulations for the City are completed.
STAFF Based upon the foregoing analysis,
RECOMMENDATION:_ the staff recommends that the area
requested to be'rezoned from RlA
to R3A be denied. The staff would,i
have no objection to rezoning the areas requested to be rezoned from'R1A to
RIB and from R3A to RIB.
STAFF The Staff recommends the use of
COMMENT: the Planned Area Development concept
for the development of the subject';.
property. As mentioned in the analysis
above, the present zoning.scheme:of the area is undesirable. An area 'develop-
ment plan for the subject property would help providefora more.desirable
zoning and development_ pattern..
153.4
- - .._.,.._...... ""'b-OuDulvlsion _
- A, preliminary:plat;of a subdivision
-
to,be located two miles north of
Section 30 of Newport Township in Johnson Coun1780, east of
H6/18/76
lgin
45 -day limitation: 8/2/76,
STAFF
ANALYSIS: The subject plat submitted by
Ronald and James Schintler''
subdividesa' tract' of land
int
11 lots. This plat is located north of the corporatemlimits lof2IowaeCity.
According to Section 409.14.of the Iowa CodeCity approval is required for
a subdivision within two miles of the City limits.'
The Planning and Engineering Divisions have reviewed the subject plat.
Discrepancies with Chapter 9.50 of the Municipal Code ;ere noted; and the
following changes should be made:
1. The title of the subdivision should be consistent with the application. `
2. Existing buildings and structures located within -the subdivision should
be shown and the distance from existing lot lines indicated.
3. Existing and proposed septic tanks and fields, culverts, water lines,
water courses and other related structures should be -
indicated. -4. A location map should be included on the plat.
S. The name of the proposed street should be 'indicated.
6. A cross section detail of the proposed street should be shown, e.g.,
location, type of curb and gutter, etc.
7. The grades of the proposed streets `should be indicated.
8. The locationandwidth of existing and proposed utility easements
should be shown and labeled.
9. Twenty -foot utility easements should be provided along lot li
to `lots F, G, H and I. nescommon
10. The plat should show roadway locations.
11. The proposed street should be constructed according to City specifications
for, residential streets with a width of 28 feet or 22 feet
is made for six off-street'varkinv qnn� if. provision
RESOLUTION NO. 76-328
RESOLUTION APPROVING FINAL PLAT
WHEREAS, a final platofWoodland Hills, an Addition
to Johnson County, Iowa, has been filed with ,the Clerk, of the City of Iowa City,
and after consideration of the same, was found to be in accordance with the
Provisions of the laws of the State of Iowa and the Ordinances of the City of
Iowa City, Iowa by the Iowa City Planning and Zoning Commission, and
WHEREAS, an Agreement between the City of Iowa City and RoraId William
Schintler and Marilyn Anne Schintler, husband and wife, has been entered into
which provides for the future dedication of the streets shown on the plat of
the said subdivision in the event of annexation and also provides for the waiver
of protesting any future resolution of necessity and amount of assessment for
future improvements in the event of annexation.
NOW, THEREFORE; BE IT RESOLVED by the City Council of the City of
Iowa City, Iowa, that the said final plat of Woodland Hills an Addition to
Johnson County, Iowa, be and the same is hereby acknowledged and approved
on the part of Iowa- City, Iowa.. The Mayor and the City Clerk are hereby directed'
to certify this Resolution of approval and affix the same to said plat as byelaw
provided to the end that the plat may be recorded.
The foregoing resolution was moved by Selzer
and seconded by Balmer- -at a,duly convened meeting
of the City Council of Iowa City, Iowa, held at the Civic Center, Iowa City, Iowa
on the 14th day of September , 1976, commencing ,at 7:30 P.M. Upon
roll call, the following vote was taken.
Balmer s
Aye Nay Absent
deProsse
Aye x Nay Absent
- rosterx
Aye Nay - Absent -
iJr_uhauser
Aye x Nay .Absent
Pcrret
Aye x Nay ` Absent
Sc:Lzer. - x
Aye Nay Absent
V(.-vera -- - _
Aye NaY Absent Ix
STAFF REPORT
Planning and Zoning Commission
September 2 1976
SUBJECT:
5,-7624. Final -plat of Woodland -Hills
subdivision,_located _two miles -north
of I-80, east of Highway,l in Section
30 of Newport Township: in Johnson
County. Date filed: 8/6/74 45 -day
STAFF ,
limitation: 9/20/76.
ANALYSIS• The subject 19.2 acre subdivision
submitted by Ronald and; Jam
es,Schintler
consists.of 11 large lots.of
:one-
cre or
division is located north of the corporatealimits'Ofre in size. This Iowa City. According -to
Section 409.19 of the Iowa Code, City approval is required -for
within two miles of the City limits. a subdivision
The subject plat is submitted in two parts - as an auditor's plat and as
a subdivision.- While an auditor's plat is a subdivision oflots;
;land into
tracts or parcels, it is required by the County Auditor only for recordation
Purposes when such lots cannot be described: exceptby metes:and.bounds.
description. ,The front five lots included in auditor's plat No 29, as'
illustrated on the subdivision plat, were previously `sold by metes and bounds
description. It is'the County Attorney's opinion,,therefore, that an auditor's
plat should be _submitted for approval by the,County and also by -the City.
In this case it would be most
regulations upon difficult to enforce -the City's subdivision
an already platted area since ownershiplines have -been
established and the subdivider obviously does not have title to the lots
in question. Through negotiation with thelotowners; however, the;.subdivider
has acquired rights to the private street within the auIditorls plat,subd
dedication to the City, upon annexation by the City for public access to the
lower six lots of Woodland; Hills subdivision.` The subdivider has submitted'
an assessment waiver for -reconstruction -of the street"`within-WoodlandHills'
Addition to comply with the City's specifications upon annexationby,the
City. An assessment waiver has not,;however, ;been submitted: for that portion
of the street within the auditor's plat since they donot 'have itle"to the
adjoisupportning lots. It would appear, however, that the value -of these lots
mens procedur reconstruction of that; portion of the street by special assess -i
ment procedures.
The Planning and Engineering Divisions have reviewed the subject plat and
found it to be in general compliance with the revised preliminary plat submitted
- for approval with the final plat. Discrepancies with Chapter, 9.50;
Municipal Code were noted and the following chof the
anges should be made:
1. The lot markers should be 24" in length. -
2. The plat should include signatures from the utilit
their -approval of the location of utility y companies indicating
easements.
2-
3. _-ihe-plat-should -be drawn 1" = SOS on
a sheet no. larger than
24" x 36'.
STAFF,.
RECOMMENDATION:
It is the staff's recommendation
that consideration of the subject
plat be deferred pending submittal.
and correction of the information
requested above and comments fro
the Legal; Staff.
STAFF
COMMENT
It is the City Engineer's -opinion'
that all_county:subdivisions::within
-
the jurisdiction of Iowa City should >'
Subdivision Code including the consmeet all the requirements of the
truction,of
streets which meet City,
_,specifications. Their concern is that annexation
upon
the City would not be financially capable
of such subdivision
of
assessment procedures since the City must
reconstructing streets through'
"put up the front end
money".
RESOLUTION NO 76=329
RESOLUTION APPROVING/FINAL AUDITOR'S PLAT
PRELMINARY AND
preliminary and
WHEREAS a/final plat of Auditor's Plat No. ;�9--,. Johnson County,
Iowa, has been filed with the Clerk of the City of Iowa City, and after
consideration of the same was found to be in accordance with the provisions
of the laws of the state of Iowa and the ordinances of the City of Iowa City,
Iowa by the Iowa City Planning and Zoning Commission and
WHEREAS, a future dedication agreement has been entered into between
the City of Iowa City and Ronald William Schintler'and Marilyn Anne Schintler,
husband and wife, which provides for dedication of the street shown on the
attached plat, in the event of annexation.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City
?reli^ninary and 9
of Iowa City, Iowa, that the said/final plat of Auditor's Plat No. _
be and the same is hereby acknowledged and approved on the part of Iowa
City, Iowa. The Mayor and the City Clerk are hereby directed to certify this
resolution of approval and affix the same to said plat as by law provided to
the end that the plat may be recorded.
The foregoing resolution was moved by Balmer
and seconded by - Selzer ata,duly
convened meeting of the City Council of Iowa City, Iowa, held at the Civic Center,
Iowa City, Iowa, on the 14thdayof September 1976, commencing at
7:30 P.M. Upon roll call; the following vote was taken:
Balmer Aye x Nay Absent
deProsse Aye x Nay Absent
Forster x
Aye Nay Absent
Neuhauser x
Aye _ Nay Absent
Perrot Aye x Nay Absent
Selzer x-
Aye Nay Absent
Veverax '
Aye - Nay Absent
153 7
I
v
WHEREAS, the City Council deans it in the public interest to enter
into said lease for the rental of 7,500 square feet at -the 4-H
grounds at a price of $350 per month for tom months out of the
year. This
Will provide covered, heated Storage for equipment from the City Street
- Division and other divisions in the Ci
Resolution bed ,
��
- Ww here er "Y uCrLosse the
upon. roll ca1T there -wise:
AYES:
NAYS:
ABSENT:
x
BAIDIQ2
x
dePROSSE
x
FOSTER
x
NEUHAUSER
x
PERRLT
x
SELZER
x
VEVERA
Passed and approved this
14th day of
September 1976.
,
ATTEST:
Ma
-�
-�Ywr
City Clerk
LJ (7
_,.., Y
L
STATS PAR ASSOCIATION
form No. 30 sr. _,..rs awl.,_•.1. .1 r seen_
FOR THE LEGAL EFFECT OF THE USE
OF THIS FORM, CONSULT YOUR LAWYER
9r(`!
LEASE -BUSINESS PROPERTY
THIS LEASE AGREEMENT, executed in duplicate, made and entered into this day of
19—, by and between Johnson County Agricultural Association
�_ ( thereinafter called the "LandlorEi")
24-4 Federal Bldg, FO Box 226 Iowa Cit:
whose address for the purpose of this lease is
(Street and Number)
Town 52240 and
(State) (Zip Code)
City of Iowa City
(hereinafter called the "Tenant'l
whose address for the purpose of this lease is 410 6. Washington Street Iowa City
(Street and Number) (City)
Iowa 52240 WITNESSETH THAT:
(state) Rip Code)
I. PREMISES AND TERM. The Landlord, in consideration of the rents herein ros.rved and of the agreements and cond;Ss:s here-
in contained, on ;he part of the Tenant to be kept and performed, leases unto the Tenant and Tenant herebyohnsOn rant% and leases from Land•
lord, according tc the terms and provisions heroin, the following described MCI estate, situated in JJ
County, Iowa. to wit:
50' X 150' barn known as the swine barn at the Johnson County
4-11 Fairgrounds on Highway 11218 equipped with natural gas burning
heaters.
with the improvements thereon and all rights, easements and appurtenances thereto belonging. which, more partgiriy,��udet the space and
promises as may be shown on "Exhibit A", if and as may be attached hereto, for a term of 2 ten month k -s'arv-, commencing at mid -
of ht f the day previous to the first day of the lease form, which shell be on :the 1st day of -September
�6777
)9—.. and endie� at midnight on the lost day of the lease farm, which shell be
on the 30th day of June
79 778 upon the condition that the Tenant pays rant therefor, and otherwise performs as in this leas, provided.
2. RENTAL n 350.00; Tenant -agrees to pay to Landlord as rental for sold fern, as follows: $ per month, In advance, the first rent payment becoming due upon
Strike (a) the esscutfon of this lease; @ . .
one
and the some amount, per month. In advance, on the day of each month thereafter, during the term of this tease.
In addition to the above monthly rental Tenant shell also pay: for all utilities used by the Tenant.
All sums shall be paid at the address of Landlord, as above designated, or at such other place in Iowa, or elsewhere, as the Landlord
may, from time to time. previously designate in writing. _
Delinquent payments shall draw interest at 9 "ra per annum from the due data. until paid.
3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this .lease. and shall yield possession
to the Landlord at the time and data of the close of this lease form, ascopt as herein otherwise expressly provided. Should Landlard;be en-
able to give possession on said dater Tenant's only damages shall be rebating of the pro rata rentol.
4. USE 07 PREMISES. Tenant covenants and agrees during the term of ;this lease to use and to occupy the leased premises only for
equipment storage and maintenance
For restrictions on such use, see paragraphs 6(c), 61d) and I I lb) below,
5.. QUIET ENJOYMENT. Landlord covenants that its estate in said promises is
and that the Tenant on paying the ,at herein reserved and perform;n .all tha ;agreements, by. theTenantto be pa —ad as.proeidsd
in this lease, shall and may peaceably have, hold and enjoy. the demised. promises for the farmof, this lease free from r i _&station iv;ction
or disturbance by the Landlord or any other persons or legal entity whatsoever. (But.. soe paragraph 14„below,) _
Landlord. shall have the right to mortgage all of its right, title, interest in sail premises at any time without notice, subioct to this lease.
6. CARE AND MAINTENANCE OF PREMISES. (a) Tenant takessold premises In their present eondillon except for such
rape', and alterations as may 6e expressly herein provided.
(b) L4NDLORD'e DUTY OF CARE AND MAINTENANCE. Landlord will keep the roof, si adexal pert of the Boor, wells end o!hersf rue?
furel parts of the building in good rapsir,
(e) TENANT'S DUTY OF CARE AND MAINTENANCE. Tenant shall, after faking possession of said p em;ses end until the fer.n4.0'cn
of th:1 Inas, and ria actual removal from the promises• of ils own orpenso, care for end meWain n;d premises in a rea,onebly safe and r•.:vico•
ab.e condition, oreepf for structural Perls of the building. Tenant will furnish its own role•' -r and ,.tenor doron.ling. Tunenf will net pe - t or
allow se;d premrsas to be damaged or depreciated in vele, by any act or negligence of she Tenenl, its agents or emc!oyees. Without C-i!irg
the generality of the foregoing. Tenant will make necessary repairs to the sewer• fhu plumbing, the water pipes and eteclrlca)
wlrlaq, except as fellows;
and Tenant agrees to keep feewater.
enIs c!csed TO as to prevent waste cf waler and flooding of promises; to pro:nplly*fato eere of en;• lee:ece or
s}ecpng, in any of the we}or, gas or waste pipes. The Tenant agrees to maintain adequate haat to pmvent ire ea lag of pipes, 11 and
only H fLe of her terms of this loose fix responsibility for heaflng upon the Tenant,-T,oent of ill awn nyq rV r-.ey install floor f and
ing end will maintain such floor covering in good condition. Tenant will be respnrsi6le for the plata, glass. Ir. she windows of the
leased promises and for maintaining the parking eras, driveways and sidewalks on. and abutting the, 1 -tied premises, If-thc
leased lural al Include the ground floor, and If the. other terms of this lease Include premises. so cf scrice3. Tenant shell make
an Alsecifie ions there or Improvements without the written approval of the Landlord first had aid obtained,. of. the.. pians.'
and specific,}tons iherefar.
(d) Tenenl WVI Maio no unlawful use of said oremisos and Agrees to comply with all valid regulations of the Board of Health, Cify Ordi-
nances or applicable. municipality, the laws of the Stele of low. and the Federal government, but this provision shell not be coczi :ed as
cr.!;nq any duty by Tenant to Members of the general public. If Tenant, by the ferns of this lease is leasing premises on the ground
floor. it will not ,!low troth of any kind to accumulate on raid premises in the hells, if any, or the eBay or yard in front. ado or rear themaf, .
and it will removo same from the premises at its own expense.:re.—Z
<re-r'ebstf"?_t'r'i'syr:si:�s.-ii--prensisetiref.
'zdo-fhe-groused-ffaa andif-- IS .- 7-7, e=*c—fro-s�±.•�i
ieeenr. The tenant will not be responsible for any snow removal. .iia
7. (a) UTILITIES AND SERVICES. Tenant. during the term of this lease. shell' pay, before delinquency, all charges .for use, of fete.
-
phoca, water, sewer, gas, heat, (if heating is Tenant's resp
w`i onsibility), electricity. power, air conditioning (if air conditioning is the Tenant's
F'cb»
iytnod in or upon the demised premises.. carbine disposal, fresh disposal and nlimited i:y the foregoing all othor utilities and services of whalover kind and nefu,o
h may '
Payment for electricity used by the Tenant will be made July 1 to the Landlord for
the previous ten month period.
(b) AIR CONDITIONING equipment shall be furnished et the expanse of Neither
and maintenance thereof of
the a:pause of
(Landlord or Tenant)
(Landlord or Tenant)
(c) JANITOR SERVICE shell be furnished at the expense of Neither
(Landlord or Tenon})
(a) HEATING shell be fum;shod of the e.peosa of Landlord with Tenant responsible only for natural
gas expense of heating. - (Landlord or Tenant)
e. (a) SURRENDER OF PREMISES AT END OF TERM—REMOVAL OF FIXTURES. Tenant agrees that upon the ferminefion of this
lease, ;f will sur•erdor, yield up and deliver the leased premises in good and clean condition, except the effects of ordinary weer and )e a d
depreciation arising from lapso of Limo. or damage, without fault or liability of Tenant.
F`�'�f[�m6i-and-rr{a;-imhw}- see ;'r2I �elow
(b) Tenant may, at the expiration of the farm of this lease. or renewal or renewals thereof or at a reasonable time thereafter, if Tenant is
not in defau!! hereunder, remove any fixtures or equipment which said Tenant hes installed in the leased promises, providing said Tenant repairs
any end alt damages caused by removal.
(c) HOLDING OVER. Continued posseninn, beyond the erpiratory data of the form of this lease, by the 'Tenent, eoupind with the
receipt of the specified rental by the Landlord (and absent a written egreemont by both parties for an extension of this hese, or fora now,
IcasoJ shell consflfu!e a month to month extension of this lease. _
9. ASSIGNMENT AND SUBLETTING. Any ...Ignment of this lease or subletting of the premise: or any part thereof, with-
out the payable a written permission shall, a} the option of the Landlord, make the metal for the balance of the lease farm
due and payable et once. Such written permission shell nor be unreasonably withhold.
10. (r) ALL REAL ESTATE TAXES, except as may be otherwise expressly provided in this paragraph 10. Irvfod or assessed by law.
ful aufhnrify (but re.,sonebly preserving LoA d's rights of nPPeal) against said real property
14. fnhon G- proportions: by Landlord S %; by Tenenl , P f hY shell be timelypaidby fha part. in
�e•
ease in such fries, except as in the next paragraph provided, above the amount paid during The base year of
r
and as may be defined in this paragraph) shell be paid by Landlord;. 100% _ ..
: by Tenant - - %,
-.,nese in such tares ceased by improvements of Tenant shall be paid by Landlord- 100
.. % I by Tenant %•.
(d) PERSONAL PROPERTY TAXES. Tenant agrees to limely pay all foxes, assessments or other public charges levied or assessed by
lawful authority (but reasonably P.eserving Tenant's rights of appeal) against ifs personal property on the premises, 'during I a farm S, 4'.S .
(e) SPECIAL ASSESSMENTS. Special assussmonfs shall be timely paid by the parties in the following proportions: by the Landlord
100 %; by the Tenant
See Paragraph #27
11. INSURANCE. (a) Landlord and Tenant will each loop its rOspgclivo ITT opedy inferes}s in the Promises and its liability in agajd
ih --!c. and �-par`•Onel property on the Premises, reasonably insured against hazards and casunlffes; that is, fire and those items u F
,rod by extended covprrn, rod Tenant will ,,caro -end deliver fo the Landlord certificefion from the res ' Y<.jeov
!hot .;fact, Such insurenco shm ..edn p yebin to the pnrlis hereto as their interests may n respective inzurau. mpemes to
intur-^co proceeds are hereby assign, n.. ado - y pPoer, me<pf thnalh,-Tenent's she,, of such
by T•na.f..[So. also iI(a) below) p'ye610 to Go Landlord to secure eon}'or thekill"earih,n duo and owing Landlord
(b) Tenant will net do or omit he doing of any ed w i uld vii;efo any innu _ , or increase the insurance rates in force a -cis the
reel e:!efo improvements on On premises or upon any personal prop, f Jse-4enaaf upon which the Lerdlord'by law or by the terms of
this tease, bas or Shelf Fav, a lien.
;c) Subrogation rights are not to he waived unle lrc -peeled provision is a ed to this lease.
(dl Tenant further agrees to comply with _ m.ndeiions, of Iowa Insurance Service Su wee nn s fable for and to promptly pay, as if
or ktz rental, any increase m insure a as on seid remises end on
or hnz•rds-esulting iron T,,n �a♦ L+.Fe,-Premises ofherwiso then as he�enu1contemplated of rhandaagreed.ses or art, due to increased rbcs
(e) INSUR� NCE'?ROCEEDS. Landlord shell settle and adjust any claim against any insurance company ender its set as o{
mturrn_�J' - hp Premises, and said ;nfurancO montes shall' bo paid 1e, end held by the Landlord to be usnd in payment for cost of repairs r
resle+Elton Of damaged bu;ldinq, if 16n Ell. 1 Icl;on is only partial. 1Soo also II(a). above)
!� 12. INDEMNITY AND LIABILITY INSURANCE. beeps as to any negligence of the Landlord, arising out of roof and slruetanl
parts of 1he�yg. Tynant will protect, indemnify and save harmless Who Landlord from and against any and all lois. coifs cgs and g
erpenss: uccas;cmed y, . ^•i:ir.q out cf, any accident or Off, occurrence causing or. inflicting injury and/or dam • any person or l
property, F.eppenin•I or dere. n, _ or about the (sated premises, or duo directly or indirectly to the tonancy..3 • or occupancy thereof, or
any part thereof. by .the Treat..f o: any r n claiming through or under the Tenant. The Ton
ant r}}�cavanantt end agrees that it
i, will at its own-wxpsinte procur.. it
end ma;ntam�ca ,ItY and liability insurance in a/rey�nisc:6,o company ar compinias "eut5ori:ed- To
{' do biomes in the Sla}e of Iowa, in amounts not less in`ert�$i00,000—.L---• for any one porton injured, and !i
ll 5500,000 for any one ace!doni.lan`it�th4h=s of $25,000 - for prop. )'
! carry damage, protecting the Landlord against such dasn!fmages. costs or .spare. on account of injury to any person or persons. i,
!o an,, property belonging to any porton or p�rsonr�i/ reason of such casualty, accident her happening on or about the demised
prem6es during the form thereof. Car!itica- tes or copies of said policies. naming the Landlord, and provi T.g-(or fifteen (15) II
dr •' ....�tca !o the Laedlord before cancellation rs-all be delivered to the Landlord within twenty �
it �i
j! nys from rho date of the beginning of rho form of this loose. As to insurance of the Landlord for roof and structure '1
!I - paragraph II(al aS:v±. _ I -
1
ill 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (a) In the went of a partial destruction or damage of the
leased promisos, which k a business interforoneo, that is, which prevents the conducting of a normal business operation and which damage is l�
;i reasonably repe;robie within sixty 1601 days after 8s occurrence. this lease shall not torminato but the rent for the leased premises shalt abate
during Who time of partial dostruc!ion. Landlord shall repair such damages wlthln 60
of such budnoss interference. In the event
II
I: days of Its occurrence unless prevented from so doing by acts of God. the elements, the public enemy. Ii
II sbi;.e:, riots, ;esu:rattbn, government regulations, city ordinances, labor, notarial or ind
n;paalion shortages, or other causes beyond Land•
lord's reasonable control.
i• (b) ZONING- Shavld see :citing ordinance of the c;ly or mimic ip,hPy in which this properly is located make if impossible for La-dlord, l
'll usir.q diligent and tima;y effort !o obtain noeustary permits and to repair end/or robu;ld so that Tenant is of able fo,eonduel its 6.smess
on ticsa prem -;e:, Then such par!isl dastraction shall 6e, treated at a total destruction as in rho next paragraph providud.
•l� (cl TOTAL DESTRUCTION OF BUSINESS USE. In the event of is destruction or damage of the leased promises Including the park.
�i Ing area (if a parting area ;s a part of the subject matter of this lasso) so that Tenant is not able to conduct its business on the pternaes or
the !non current 1ngJ use for which Who premises aro being used and which damages cannot be repa;rod within sixty 160)
;I o Landlord or Tenant. Such tarminatnon ;n such event shall be effected by written
days this learn may be terminated at the option of either rh
itIde• s aftersuchdestruction. Tenant shall surrender possessicn within
notin of one party to the other, within twenty (20) !
tan (10) Jays oiler such notice fries, end cath party shall 6o released from all future obligations hereunder. Tenant r
pa png rental pro rata only to the date of such destruction. In the event of such termination of this lease, Land;ord at its option. may rebuild I,
tI or not, according to its own wahes and roods. -
14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of. the domisod premises be condemned or !'
I taken by a comp_t.nt authority .for any, public or quos; -public usa, or purpose. each ,part/ shall be, entitled to rota;n. as .its. own prcperfy. l
em/ award payable to it. Or in the evert !hat a single ent;ro award is made on account of the condemnation; each party wall then be an
Il filled to take such proportion of said award as may be fair and reasonable.
(b) DATE OF LEASE TERMINATION. If the wholeII of the demised promises shall be so condemned or taints, the Landlord shall rot be liable to the Tenant except end as its rights are preserved as in peragra ph 14(a) above. I
15. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF i
DEFAULTS. This lease siell tormmato upon expiration of the dsm;snJ term; or if this lease expressly and in writing provides for any option
II or aptiors, end if on; such cotion is oxnrciwd by the Tenant, then this base will terminate at the expiration. of. the option form or terms.
Upon default in pns•r..ent o: rental hnre;n or upon any other default b/ Tenant in accordance with the terms and provisions of this -lease.
I� Tb;: lease may at the option of tris Landlord be cancelled and forfeited, PROVIDED. HOWEVER„ before any such cancellation a. d for-
"a:!"- except as pro.;deJ ;r: 15(b) below, Landlord shell give Tenant a written notice specifying the default, or dafai !!s. and stating that h
i ilii: leoso will be cancelled and forfeited ton (10) days after Who givingof such no!;ce, unless such default• or defacl!s, are
rrrudied ;thin such gmca por;Cd. (See perograph 22, below.l As on additional optional procedure or as an alternative to tLa fordgo;nq
(mrd neither exclusive of the other) Landlord may proceed as in paragraph 21, below, providoJ. i
(b) BANKRUPTCY OR INSOLYENCY OF TENANT. In the avant Tenant ;s adjudicated a bantrupt or in the event of a judis tale or
oil or transfer of T•sn,nts laesehO!d interest by reason of any bent ruplcy or insolvency proceedings or by other operation of low, but not by
deals;, and such bankrupts/, judicial Salo or transfer hes not been vacated or set aside within tan (10) days from the giving of notice thereof i
j by Landlord to Tenant. than and in any such events. Landlord. may, at ;ts option, Immediately terminate this meso,% re-ec.er said p: enises. li
Il upon gn.;nq Of fen (101 days written notice by Landlord to Tenant
{c) In (a) end (6) ebove, waiver as to any default shall not constitute a waiver of any subsequent default or defaults. i:•
(dl Acceptance of says. advertising and re -renting by the Landlord upon the Tenant's default shall be construed only as an effort !o miti-
ga!e damages by N:o Lendla-d. and not as an agreement to terminal. this lease. _ II
!' Ib. RIGHT OF EITHER PARTY TO MARE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by e;lhnr -party .n the p
I' p-rformarce of, or cum0anco with, any of the terms. covenants or conditions of this loose, and such default she tin" continued for thirty l'
!i (30) days after written notice thereof from one party to the other, the person aggrieved.. in addition to all other remedies no. or hereafter I!
p-ov;daJ 6y taw, may. but reed not, perform such term, covenant or condition, or make good such default and any amount' advanced shell'
h repaid fcr!hw:IS on de_, .-J. together with interest at the rate of 9 —% per annum, from data of advance. _
17. SIGNS. (a) Tu,a :t shell have the right and privilege of attach;ng, affixing; painting or exhibiting signs on the leased promises.
II
ue.vided only (I) !he' any and all s;gr,. shall comply with the ordinances of the city or municipality in,wh;ch the property is located and the
laws of the Stern cf lows; (2) Such signs shall not change, the structura of the bu ilding: (3) such signs if and when taken down shall not li
damage the building; and (4) such signs shell be subject to the written approval of the Landlord: which approval shell not be unreasereblyl 11
(6) Landlord Jurir.g the les! rinety (90) days of this lease. or extension. shell have the right maintain in,the windows or on the build•
sign end Tenant will permit of such time. prospective tenants or balers to !'
or ort the premises either or both a "For Rent" or "For Sole" , ..
e,br and examine 1&e prenses. ,
�• 15. MECHANIC'S LIENS. Ne;leor the Tenant net am/om_ claiming by. through, or under the. Tenant, shall have the right to file, or �l
I.' -a e,Y mec}:nn;c% Pen or other Ivor of any kind or character whatsoever, upon said promisee or upon any building or imprwament tiara- IIj
or up,m Iho lean hold infero:! o! !ho Tenant Ihera:n. and notice ;s hereby given (het no contractor, sub-eonlruetor, or nmyoaca else who 1
rI. r.rrpn on/ mafedal, service or labor for any build;ng, improvamenls, altora Yon, repairs or any part thereof, shall at any time be or become
Tonan! covenants and agrees to giveactualnotice thereof it
,'i lied to ec/ ten thereon, sed for the further ocur;ty of who
Landlord. the i
ll �dvenco, to any and all cc,'recturs and sub:ontrecto.-: who may (u rr.ish or agree to furnish any such material, service Or labor.
i
j1 17. LANDLO.'.P'S LIEN AND SECURCY INTEREST. (a) Said Landlord shall have, in all tan to?ha Pen given to I' end used ren
-farce as p•ov;ded by }tis Uniform Commorual Cede of Iowa. upon all personal property and all substitutions thorofor, p li
it :rd premises by Tonant. Landlord may proeaod et law or in equity w•h nnY comedy Provided by law or by This less for the recovery or tont, l;
or for larm;n,fion OF. this lease 6ecauva of Tenant's default in its p:te!c:'nanco. 1.
ii (L) SPOUSE. If sp-.c:n is net n Tonenl then Win etecuf;on of this in:trumont by The spouso shall be for. the sole purpose of creating a
ir.!u:aa cad �arsor.el p:c %erty and waiving rights of homestead, rights of distributive sharp, and oxemp!;Ons. it
!i 20. SU35TITUTIOH 0= EQUIPMEN i, MERCHANDISE: ETC. (a]TheTenant shall have The right, from time to time: durnng tie !arm II
!his lease, or r•sr",.l t' -+:•of to sell or otherwise disponi of any par.=nal property of the Tenant &,fueled on the said demand premises.
ii .•fen in flim j=Tgment of tie fan z -t ;t shell hewn become obsolete• outworn or unnecessary In connection with the operation of the business
c, s: prov;d•rd, 6'�,xor. that the Tan,nt shall, in such. instance (unless no substituted article or item is nocastary) a! i•s own
aid premise
e•pense, substitute for such '•r-- cf personal property sit said or otherw;so d; posed OF. a now or other. item In substitut;an (hereof, in like
or gra,!-tr vatic er.•f_adopted to the affixed also
of the business upon the domisod promises. ,
(6) i O!: ir3 -•:rein c^ata;r.eJ shah 6e, constru•:J as denying to Trnenf the right to dispose of inventoried merchandise in the erd;nary
c-,urse If Ira Ten --it's trade, or business. -
r•.... v �, I,n Lw 1 . Ib' N.:. e, Ha+lY.ne.r me � �n .. - __
♦ e. . 3x1„1 Pnw•...... Ie w, I ^' I.wt \,.. ef• ., •.... -.
it
21. RIGHTS CUMULATIVE. IN, various rights, powers, options, elc!ions and mmudint ,( either art
be eonsfrued as cumulative end no one of them as ehfs. va of •hn tions. P y. prov;ded in IN;, lenge. r..rll
party by law, and shall in no way o onf or impair Iho clu,; of either art }o ' eiclus,ve of any rights, remedh,t cr priorities eliov.ed •+::Sar
may be entitled as long as any defnu:f remains in an Party pursue any other equitable or legal remedy to which either party
y -way unrc�edred. unsatisfied or22.
urdi;clmrgad.
the resp NlOTI addressesdesignatedDEMANDS. Notices as provided for in flrls lease shall be given to the rospecl:ve parties Farc}a at
on page one of !his Leese safes: eitha• party no!iiim the other in writir,�, ,; a o�fi rent eddI s:'••h.
out
considered
10 any other,the method of notifying a pm!arm, of this y in wri!ir,q or mel:ng a demand or other cammacica!ion. such rr.esoce
return receipt vrequesdfed{ by tthe United Sfete me I end sent.en dap, s ted in abono da designated. I bo o prepaid. by rec;oo,ad or ce,:fie3
23. PROVISIONS TO BIND AND BENEFIT SUCCESSORS. ASSIGNS. ETC. Each and evert covenant end egreamert he con•
fanned shnL' edend to and be binding upon the respective successor, hairs, edmin4lrelors• executors and ensigns of i;.e parties hereto; escopi
that if any per{ of this lease is held in joint tenancy, the successor in interest shall bo 0.0 surviving joint Tar an!.
24. CHANGES TO BE IN WRITING. None of the covenants, prov;sons, iorms or cned;!;nns of il;t !o k.e Icpi or oe�ormed
by Lendlmd or Tenant shall he .n any manner modified. waived or nbendored. except by a written ;nsfrumen} doh signed by iho parties..
and daliv;.•ed to the Landlord and Teeenf. This lease eon{olns the whole agreement of fhe parties.
25. RELEASE OF DOWER. Spouse of Landlord, appears ns a party signatory to this lease solely for the purpase cf releasing dower, or
d;str;bufive slime, unless said spouse is also a co-owner of an interest in the loosed premises.
26. CONSTRUCTION. Words end phrases herein, including acinowledgmenf hereof, shall be construed as in the singular or plural
-
number, and as masculine, feminine or neuter gender according to the context. -
27. Landlord agrees to assume liability for any and all loss, costs; damage, and
expenses occasioned by or arising out Of, any accident or other Occurrence causing
or inflicting injury and/or damage to any person or property, happening or done, in,
upon, or about the ]eased premises,except that Landlord shall have no liability for
any loss, cost's, damages or expenses to Tenant or its employees or to Tenant's or its
employees' property incurred by Tenant or its employees in, upon, or about the leased
premises when such loss, costs, damage and expenses are directly caused by the
negligence of the Tenant or its employees and the Tenant shall further hold the Land—
lord harmless for any loss of Tenant's or its employees' property in the event of fire,
theft, malicious mischief or vandalism.
IN WITNESS THEREOF, the parties hereto have duly executed this lease in duplicate the
day and year first above written.
-----------------
LANDLORD'S SPOUSE
See paragraph 25) � yyY�yy �, te-C Qa5,,e_,1LAN&LORD
�y 'L� - TENANT'S 1 (•Il'LYJ's•O1'LV�'vQ'G2,t^i�
INDIVIDUAL
y CSea paragraph 19(6)3
�
r» was. STATE OF
r.ra»r COUNTY OF S$• - .
sw..r• TENANT
On ails -
» orrr.i.r day of 19_, before me, the under ,gned, a Notary Public ;a and for said County and
•.-.,. ea as State. persone:iy appeared
and
to me personally Inown to No the idenik,l persons named in and who crecufed the within and foregoing insirumer,t, and
(SEALISEAL)ledgad Ihef they e,ecutnd filo samo as their voluntary act and deed.
CORPORATION. Notary Public in and far said .County and Stela
STATE OF IOWA 1 - -
COUNTY OF - JO ITOUnty ISS.
On fh;s 2'2th day of 111
'--�C[1�41FNf)Ai• A. D. 197fjbefore mo. the undersigned n tJotery Public in
and for said County and State, personally appeared hlary C_ Nenh enc er -
and
r.. was. to mo personally known, -he being by me duly sworn, did say that they aro the - lal�srcu'
fl—il and City Clerk
..s.as� •dlh;n and finego;ng iesfrumont, that s, respocfively, of said corporation executirg the
..e.-..,e.((OiNJ(9f7}•J[sXhRJFARJPf}X,'Fj(RXX'�'d) corporeiien; )het said instrument was signed (end sealed) on
... awl.,.r ibis seal a tae f �erjoto a the seal of said( -
•«» .a as behalf of sntd corporation by authority of if, RQX %`4XX end t,af the said Mary C. Neuhauser and Ahhi e
Fitt)by if an s b es web ofi;cros ecknow lodged iXXhaXXJeozeeufion of said i,Sirum�nf fa ba tha
by ;t and by them value}ally fiver$ ed. voluntary act end dead of said co. rret;cn
(SEAL) qf�1�//C%C- A y .
FIDUCIARY Notary Public in and for said County end Slate
-
STATE OF
COUNTY OF YSS. -
On flus day of 1 , A. D. 17 . before me, iho undersi?.+.ed, a Notary P,p', ;n
old for said Counby in said State. personally appeared - -
as Executer o! the Eoc!o ci
Deceased, to me :ro«n to be !ha identical person named Fa end wile e.en:'e�:I;a
(SEALirg ;natrumanf end vinowledged that__he exeu!ed 1ha semis es the voluntary eat and deed of h;ntelf end of such fidu8arr.
(SEAL( -
PARTNER
STATE OF _
COU:JTY OF
Notary Public in and for said County and State
On this day Gf A. D. 17
. bolero mo, fhe under: ---d. n IJo!cr Pu6G in
end far said County end Stale par -anally appeared y
and
to in. personally Inown, who, being by me duly sworn, did say that he is (they erel membar(sl of the .Partnership
(Uwy) eaocuted the sem. as the volunlery act end deed of sa'sd co-parinehosw'sby (h and foregoing and
said
and shipecinowledged that ted
P I l Y (him) ) y partnership volur.lerily executed.
--- Notary Public in and for said County end Stele
For acknowledgment as a corporate fiduciary
see obverse side of Court Officer Deed
(Official Form No. 101).