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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 '. '--Q.-,-�iVi!/'/e•�---- I�:..". I'.�nn f ��u nG^i Cfl- - �1 �- :.+ �:i I - . ='% - -.- '_ I C 3 i' FI?."s A r_ IN AL; rf A (>,y: If 0 if x, It f ' f9 1, A ;q 7'—.-e ��" Jz �se �;j V6. .1a _T I if tv 147, A Ty 4�f fi v 0 T 5" .0-1 .,1,1 i -i" PIN F66 _Y -N�? 0274,710 - E • ir -1 1., 1. � j, — I i . - , ! ti,1, — I _ 4. I I t El; It f Alov Of 0 A p 00 k j( 'b 4 2 -PITEf; f, A! I 1 11 r U, 0 D': fir: It 7;�, e V rJ i;fi I m f -cis - _"I -1 L , LEGEND tl w f�vq IN: SET T,'' 4 PINS FOUND. FFNCE SW COR SEC G T 7911, R G W !I- = RAILROAD CCONC. MON. FOUND 5 CA L IE 10, = 40 0' rrill",_ �ie.­l f, zp­ 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- -2 i CON C. 1.10 Ill 11...I1W GOR *@EC "�4`.TyX•��1,R � /�,.�. yrT a r,t�n,it�'.t• ti" ''• it i� ND A. Q-t`+P.. rialt?� r' r-ri ,;-�•' yrw a f'l. TT'!:• i ,':'� + `- = r a U 1 t •. f J �.if • 'y�.,r a'i b ' k�: a� rd -•t •J� sC. trti '� �^••�'Y -r . :> - of f, n {,a 7 50 Q •.. Y _+� 'rY ', •. �''.<,,,.,, y sti ''s.ti ., ;I . •P• Y V 's �' / + t 4 I O - i . !• , .a..Ka "' �. 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",} ,` % I.rI ��'�`' r 1 ' P 1 �' �'f � )r� Crr J7J <er'/-rr `LtI ,I r i... ~ r lr•? s' '' , a r"j 1. 3 ,..Y. 'r r'• i+1-r• i'� i +tL% rt ,s r :._� ,f it + .; 15IJIT OF. 71� 1`ia 3 �' @ - I' �' / �: y. �Lf''r,r"'f>.' �i�lf r f.,'ry. :.'' .. ' >� �EOINfJiNO i :Y f' /L y �1 4rY rr5 d 5 T . aj ! Y• Y r T Pit, ` .a f iT ,� 4' ; .+/ •tl� r !'i'n �iV.�„rr : l tt•- + t��v �`. J. t SOFOUND­ .. r•�..1 O-• t'i i rJy ii y' Lr r_f t , J Qr a{j d 1 IN20 24'IOrE 3{i./.�Irii , r. Fi r•!9 " 4 ! 5/ 't•i T... .0. of " J J Ys r,. ;♦ r .t - v r`(p: �i ry+y rf r'+ ' _ +• ta s r r A a t { P4- -1 it 54'. _ �5�9e33:40"UI •d 1` r LEGEND sET o = PIN FOU 24D FEN C E L�SW COR SEC 6 ,T79N, R6N -tt--tom = PAIL ROAD rr�4. IrCONC. LiON..: -*FOUND SCALE I" = 40 D'. �� +fJ• l� � ti 1 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).