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HomeMy WebLinkAbout1979-07-31 Resolution■ ■ , I ESOLUTION NO. 79-335 / ! RESOLUTION APPROVING CLASS A LIQUOR CONTROL LICENSE APPLTCXTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Control License application is hereby approv�Tor the following named person or persons at the following described location: Iowa City Moose Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as regi 6e adopted, and upon rZT =a there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st �Gf 1Q,C' Attest: City Clerk day of July , 19 79 . Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10111E5 .,v RESOLUTION NO. 79-336 RESOLUTION OF APPROVAL OF CLASS A Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class A Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Iowa City Moose Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon ro ca 1 there were: AYES: NAYS: Balmer x deProsse _ Erdahl x _ Neuhauser x _ Perret x _ Roberts x Vevera x _ Passed and approved this 19 79 Attest:�. J 4Cty Clerk ABSENT: n 31st day of July , Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0111E5 //W B RESOLUTION NO. 79-337 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Iowa City Moose Lodge #1096, Loyal Order of Moose, 2910 Muscatine Ave, It was moved by Balmer and seconded by Perret that the Resolution as read be a opted, and upon rol c) alI—t-Sere were: Balmer deprosse Erdahl AYES: NAYS: ABSENT: x x x Neuhauser 'x Perret x Roberts x Vevera x Passed and approved this 31st day of July 197 9 , Mayor 'C f� Attest: 1/2 C y Clerk MICROFILMED BY , JORM MICROLAB CEDAR RAPIDS -DES M011JES 1500 I 0 RESOLUTION NO. 79-338 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 227 E. Kirkwood { I Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to 11 be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret i that the Resolution as read be adopted, and upon rol call there were: { AYES: NAYS: ABSENT: I. Balmer x 1 S deProsse x Erdahl x � + i I Neuhauser x y Perret x Roberts x I r s Vevera x Passed and approved this 31st day of July , 19 79 Mayor Attest:- LQ ty Clerk Q MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1501 N\ K. RESOLUTION NO. 79-339 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION j BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #1, 227 E. Kirkwood Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 19 79 Attest: 1, a - City Clerk 41 31st day of July Mayor MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES /6"0'D.,. RESOLUTION NO. 79-340 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Needs, Inc., 18 South Clinton St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as rea be adopted, and upon rol cal there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x F3 Passed and approved this 31st day of July lg 79 Mayor Attest: City Clerk MICROFILMED BY , JORM MICROLAB CEDAR RAPIDS -DES MOINES /563 i i RESOLUTION NO. 79-341 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 310 North 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. Balmer It was moved by Baand seconded by Perret that the Resolution as read be adopted, and upon rol cal there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and a 31st August 79 approved this day of , 19 Mayor Attest: City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 156"0 i RESOLUTION NO. 79-342 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Hy -Vee Food Stores, Inc. dba Hy -Vee Food Store #2, 310 North 1st Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon ro 1 ca there were: AYES: NAYS: ABSENT: j Balmer x IdeProsse x Erdahl x I Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st day of July 19 79 , Mayor Attest: City Clerk 0 lSos 611CROFILMED BY , JORM MICROLAB CEDAR RAPIDS -DES MOINES 0 RESOLUTION NO. 79-343 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTUXTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved for the following named person or persons at the following described location: James J. Tucker dba Tuck's Place, 210 North Linn St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. -The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution A-6-76--al-We—adopted, and upon ro T caTT there were: Passed and approved this 31st day of -July ig 79 Mayor Attest: r City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES 1606 i AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauaer x Perrot x Roberta x Vevera x Passed and approved this 31st day of -July ig 79 Mayor Attest: r City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES 1606 i RESOLUTION NO. 79-344 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTCR= BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved for the following named person or persons at the following described location: Bull Market, Inc. 325 E. Washington St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as rea a adopted, and upon—r-oII caIT there were: Passed and approved this 31st day of July 19 79 6z�&: r _"'C' Mayor Attest: Cdr' City Clerk IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (610 7 0 �a AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perrot x Roberts x Vevera x Passed and approved this 31st day of July 19 79 6z�&: r _"'C' Mayor Attest: Cdr' City Clerk IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (610 7 0 �a RESOLUTION NO. 79-345 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Regal Vending dba Applegate's at 1411 South Gilbert Landing in Iowa City, Iowa, has surrendered cigarette permit No. 80-65 expiring June 30 , 19 80 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 80-65 issued to Regal Vending dba Applegate's Landing be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorised and directed to draw a warrant on the General Fund in the amount of $ 75.00 , payable to Regal Vending as a refund on cigarette permit No. 80-65 It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES:AN YS: ABSENT: Balmer X deProsse X Erdahl X Neuhauser X t Perret x fi Roberts X I — j Vevera X Passed and approved this 31st day of July 19 79 . Mayor Attest: /50$ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES �.I RESOLUTION NO. 79-346 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- ion and paid the mulct tax required by law for the sale of srettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that applications be granted and the City Clerk be and he/she :ereby directed to issue a permit to the following named sons and firms to sell cigarette papers and cigarettes: Inn Ho Shinn dba East-West Oriental Foods, 615 Iowa Ave. Osco Drug, Inc. dba Osco Drug #826, 120 E. College St. Regal Vending dba The Sanctuary, 405 S. Gilbert St. DOMLL, Inc. dba Hilltop D -X, 1123 North Dodge St. Charles J. Christensen dba Chuck's Clark, 504 E. Burlington Joseph Momberg dba Maid -rite, 630 Iowa Ave. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera X Passed and approved this 31st day of July , 19 79 �{/'�DD Mayor Attest: X�LJ City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES FIOIIIEs I .s RESOLUTION NO. 79-347 RESOLUTION OF APPROVAL OF CLASS "C" --BEER APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approvedfor the following named person or persons at the following described locations: Osco Drug, Inc. 120 E. College St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as rea be adopted, and upon rol calms l e were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x x x x Passed and approved this 31st day of July 79 19_ Mayor Attestlip L� 4citY/Clerk MICROFILMED BY , JORM MICROLAB CEDAR RAPIDS•OES IIOIIIES /5/D B I i i i I i i 1 I, 1 4 j i 1 i I ! RESOLUTION NO. 79-347 RESOLUTION OF APPROVAL OF CLASS "C" --BEER APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approvedfor the following named person or persons at the following described locations: Osco Drug, Inc. 120 E. College St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as rea be adopted, and upon rol calms l e were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: x x x x x Passed and approved this 31st day of July 79 19_ Mayor Attestlip L� 4citY/Clerk MICROFILMED BY , JORM MICROLAB CEDAR RAPIDS•OES IIOIIIES /5/D B ._. RESOLUTION NO. 79-348 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persona at the following described location: Daryl C. Woodson and Douglas K. Hendriks dba The Sanctuary Restaurant, 405 South Gilbert Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by Perret that the Resolution as rea a adopted, and upon r�Tca1T there were: AYES: NAYS: ABSENT: Balmer x deProsse I x Erdahl 1 x j Neuhauser x j( Perret x _ Roberts x Vevera x Passed and approved this 31st day of July , 19 79 Mayor����1{�.r, Attest: City Clerk ! MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 9 k! RESOLUTION NO. 79-349 RESOLUTION OF APPROVAL OF CLASS B Beer PERMIT APPLICATION— SUNDAY BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class BB Beer r Sunday Permit application is hereby approved for the following named person or persons at the following described location: Daryl C. Woodson and Douglas K. Hendriks dba The Sanctuary Restaurant, 405 South Gilbert St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by" Balmer and seconded by Perret that the Resolution as read be adopted, and upon rolloll call were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 31st 19 79 day of July Attest:_a City Clerk Mayor MICROFILMED BY , JORM MICROLAB CEDAR RAPIDS -DES MOINES /S/C�- i \a RESOLUTION NO. 79-350 RESOLUTION FOR DEDICATING A TEN -FOOT WALKWAY EASEMENT AND ABANDONING AND WITHDRAWING THE EXISTING WALKWAY EASEMENT FOR MOUNT PROSPECT, PART III WHEREAS, the original owner and proprietor of Mount Prospect Addition, Part III, to Iowa City, Iowa, according to the recorded plat thereof has requested that the City of Iowa City, Iowa, abandon and release a walkway easement previously granted to the City of Iowa City, as a part of the Dedication of said subdivision, which walkway i i easement has been discovered to be misdescribed; 1 AND WHEREAS, the original owner and proprietor, Frantz Construction Co., Inc., has now dedicated to the public and the City of Iowa City, a walkway easement with the correct location shown thereon; AND WHEREAS, the dedication of the walkway easement in the correct location is advantageous to the City of Iowa City and coordinates the walkway easement with similar walkway easements in abutting subdivisions. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the walkway easement previously dedicated to the City and being described as 10 feet in width centered on the coincidental line of Lots 147 and 148 in Mount Prospect Addition, Part III, to the City of Iowa City, is hereby abandoned and said easement is hereby released and the rights acquired thereunder extinguished. BE IT FURTHER RESOLVED that the City Clerk of Iowa City is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. Adopted at a regular meeting of the City Council on the 31st day of. July 1979. Mayor y � � Raeeiwd A Apfrov�d By 8x1 B The ie Clerk ., ., 2.eptrh»eM -- - ' _ __�--- -- -- 1539 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40IIIES Page 2 Resolution No. 79-350 It was moved by Perret and seconded by Erdahl that the Resolution as rea e3 -b a3opE_e3f and upon roll caiiTere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July , 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tIo IBEs d r -2- STATE OF IO'dA ) COUNTY OF JOlD7SON SS: I, ABBIE A. STOLFUS, Clerk of the City of Iowa City, do hereby certify that the above and foregoing is a true and exact copy of a Resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the ,j/,a.r"'day of 1979, all as the same appears of record in my office. DATED at Iowa City, Iowa, this day of % .. t.. �; � 1979. )1 iZ AB IE A. STOLFUS, Clark of the City of Iowa City, Iowa. [[ o �M JUL I U 1979 ABBIE STOLFUS, CMC Rotoived & Approved CITY CLERK (3j By The E09al Department' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I ! I I I i is I j 1 1 i I i -2- STATE OF IO'dA ) COUNTY OF JOlD7SON SS: I, ABBIE A. STOLFUS, Clerk of the City of Iowa City, do hereby certify that the above and foregoing is a true and exact copy of a Resolution adopted by the City Council of Iowa City, Iowa, at a regular meeting held on the ,j/,a.r"'day of 1979, all as the same appears of record in my office. DATED at Iowa City, Iowa, this day of % .. t.. �; � 1979. )1 iZ AB IE A. STOLFUS, Clark of the City of Iowa City, Iowa. [[ o �M JUL I U 1979 ABBIE STOLFUS, CMC Rotoived & Approved CITY CLERK (3j By The E09al Department' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I ■ Mr. Neal Berlin City Manager Civic Center Iowa City, Iowa 52240 Re: Part III, Mount Prospect Addition Dear Mr. Berlin: The subdivider and his engineer recently discovered that the engineer incorrectly placed a portion of the 10 foot walkway on the wrong lot lines in Part III, Mount Prospect. As you may recall, this walkway system is a part of a coordinated walkway system through several subdivi- sions to Grant Wood School. The walkway system as now recorded is in error and interrupts the coordination of this walkway easement between subdivisions. An affidavit by Richard Kratoska, the surveyor involved, is en- closed indicating the change desired to coordinate the walkway system. I have prepared and enclose a new dedication by the subdivider to correctly convey to the public the corrected 10 foot walkway easement. I have also prepared and enclose a resolution by the City approving this dedi- cation and abandoning and withdrawing the easement for the walkway which was Incorrectly dedicated and accepted as a part of the subdivision proceedings. It is my understanding that some members of the City staff are aware of this error and the fact that these documents will be submitted. I trust that you will refer those to the appropriate officials for their subsequent transmittal to the City Council. If you feel an appearance before the City Council is necessary or that you need additional information, please advise and we will be happy to oblige. If I hear nothing further from you I will assume that the documents as submitted are satisfactory and that you will transmit to me either the original FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOINES 163? F "EIVED Al;; 2 1 '1379 LAW orrlcts Or LUFF, LL$FF, 7.I:FF, HAU111:32T R. T14Aq* ARTHUR O. LCrr iSl IO Ui.. LIMN pT PC[T •I. O. nO, $If) PMIUR A, Ler r ALAN R. LC,, IOWA Ory, to WA PNONC 939-751, R.ORUCC MAUPCRT 522.0 ARCA CODE JIO CHARLES T.TRAW June 20, 1979 Mr. Neal Berlin City Manager Civic Center Iowa City, Iowa 52240 Re: Part III, Mount Prospect Addition Dear Mr. Berlin: The subdivider and his engineer recently discovered that the engineer incorrectly placed a portion of the 10 foot walkway on the wrong lot lines in Part III, Mount Prospect. As you may recall, this walkway system is a part of a coordinated walkway system through several subdivi- sions to Grant Wood School. The walkway system as now recorded is in error and interrupts the coordination of this walkway easement between subdivisions. An affidavit by Richard Kratoska, the surveyor involved, is en- closed indicating the change desired to coordinate the walkway system. I have prepared and enclose a new dedication by the subdivider to correctly convey to the public the corrected 10 foot walkway easement. I have also prepared and enclose a resolution by the City approving this dedi- cation and abandoning and withdrawing the easement for the walkway which was Incorrectly dedicated and accepted as a part of the subdivision proceedings. It is my understanding that some members of the City staff are aware of this error and the fact that these documents will be submitted. I trust that you will refer those to the appropriate officials for their subsequent transmittal to the City Council. If you feel an appearance before the City Council is necessary or that you need additional information, please advise and we will be happy to oblige. If I hear nothing further from you I will assume that the documents as submitted are satisfactory and that you will transmit to me either the original FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOINES 163? Mr, Neal Berlin -2- June 20, 1979 I or signed copies of the dedication and resolution so that we may place those of record in the Johnson County Recorders office, Thank you for your coop- eration. Very truly yours, LEFLEFF,..LE�FF, LEFF, HAUPERT 6 TRAW iAilip AYLeff PAL:sf Enc. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Ido RIES � RESOLUTION NO. 79-351 RESOLUTION APPROVING RRREM11MRM FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR WHEREAS, the owner, H -vee Food Stores Inc. has filed with the City Clerk of Iowa ty, owa, an application or approval for a large scale non-residential development for the following described premised located 1n Iowa City, Johnson County, Iowa, to -wit: Commencing at a point on the south line of the SW 1/4 of the SE 1/4 of Section 15, Township 79 North, Range 6 West of the 5th Principal Meridian, which point lies N 87 29' 40" E, 237.40 feet of the SW corner of said SE 1/4, Sect. 15-79-6, as recorded in Boek 12, page 14, Johnson County, Iowa; Thence continuing N 87 29' 40" E, 715.85 feet along said south line of the OW 1/4 SE 1/4; Thence N 00 17' 00" W, 363.30 feet; Thence S 89 43' 00" W, 166.00 feet; Thence N 000 17' 00" W, 265.01 feet to a point onothe southerly right-of-way line of U.S. Hwy N6; Thence N 69 48' 00" W, 1.90 feet on said southerly right-of-way line to a R.O.W. Rail at the P.T. of the highway curve and is 150 feet normally distant from the centerline of said right-of-way at centerline station 176+25.95; Thence Northwesterly 31.43 feet on said southerly right-of-way line along a 14,175 foot radius cuave concave southwesterly, whose 31.43 foot chord beers N 69 51' 48" W, to the Point of Beginning. Thence N 00 25' 00" W, 53.38 feet; Thence Northwesterly 23.21 feet along a 14,255 foot radiue curve concave Southwesterly whose 23.21 foot chord bears N 69 56' 26" W; Thence Southwesterly 183.78 feet along a 533.00 foot radiusurve, concave Southeast6rly whose 182.87 foot chord bears S 048 35' 40" W; Thence S 05 17' 00" E, 10.36 feet; Thence Southeasterly 40.75 feet along a 467.00 foot radus curve concave Southweserly whose 40.74 foot chord bears 0 02 47' 00" E; Thence S 006 17' 00" E, 4.93 feet; Thence N 89 41' 00" E, 35.17 feet; Thence N 000 25' 00" W, 176.69 feet to the Point of Beginning; said tract containing 0.19 acres more or less. WHEREAS, said property is owned by Mary Lucllie Boyd and Frank Boyd and Freida L. Rummelhart and John Rummelhart, and no dedications are required; and, WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, �Ig �(s►��a Isco MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES 9 9 Resolution No. 79-351 Page 2 WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS; said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; 1. That the said plan is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. 41 That srgns including two (2) "crossbucks" signs, one facing west and the other facing east, and a "railroad advance warning" sign facing west shall be placed at the railroad tracks along the existing and unauthorized drive at the west side of the above described tract, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES Resolution No. 79' 1 Page 3 It was moved alme_— and seconded by Roberts the Resolution as re read Bbe adopted, and upon roll call wer—there e that AYES: NAYS: ABSENT: x BALMER x DEPROSSE Abstain ERDAHL x I NEUHAUSER I x PERRET x ROBERTS x VEVERA Passed and approved this 31st day of duly 19 _L9_- MAYOR 9.MAYOR ATTEST: CITY CLERK (, i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I' f " � I I 1 i Resolution No. 79' 1 Page 3 It was moved alme_— and seconded by Roberts the Resolution as re read Bbe adopted, and upon roll call wer—there e that AYES: NAYS: ABSENT: x BALMER x DEPROSSE Abstain ERDAHL x I NEUHAUSER I x PERRET x ROBERTS x VEVERA Passed and approved this 31st day of duly 19 _L9_- MAYOR 9.MAYOR ATTEST: CITY CLERK (, i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 9 RESOLUTION N0. 79-352 RESOLUTION APPROVING BOYRUM ADDITION WHEREAS, the owners and proprietors, Mary Lucille Boyd and Frank Boyd, wife and husband, and Freida L. Rummelhart and John Rusmelhart, wife and husband, have filed with the City Clerk the plat and subdivision of the following described premises located in Johnston County, Iowa, to -wits Commencing at a point which is N87029140"E, 237.4 feet from the Southwest corner of the Southeast Quarter, Section 15, Township 79 North, Range 6 West; Thence N87029140'E, 715.05 feet along the South line of the Southeast Quarter Section 15- 79-6; Thl3nce N001171006W, 363.00 feet; Thence S89043'00"W, 166.00 feet; Thence N006171000W 99.97 feet; Thence S 89°41100"W, 66.00 feet to the Southeast corner of said Lot 1 and the Point of Beginning; Thence S89'41100"W, 711.46 feet to a point 14.00 feet normally distant from the center- line of a Chicago, Rock Island and Pacific Railroad branch line; Thence NO3951100"W, 250.00 feet; Thence NO2°58122"W, 189.61 feet; Thence N02958122" W, 53.22 feet; Thence S72157114"E, 72.52 feet along a line 100 feet normally distant from the center- line of U.S. Hwy 16; Thence Southeasterly, along said line, 720.47 feet along a 14,225 foot radius curve, concave Southwesterly, whose 720.39 foot chord bears S71030116"E, to a point on the westerly Right -of -Nay of eoyrum Street; Thence Southwest ly along said Right -of -Way line 183.78 feet, along a 533.00 foot radius curve, concave Easterly and whose 182.87 foot chord bears SO4635140"W; Thence 505.17100"E, 10.36 feet; Thence Southwesterly 40.75 feet along a 467.00 foot radius curve concave Westerly; whose 40.74 foot chord bears S02047100"E; Thence 600017100'E, 4.93 feet to the Point of Beginning. Said tract of land containing 6.12 acres. WHEREAS, said property is owned by the above-named owners and the dedication has been made with the free consent and in accordance with the desire of the proprietors. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1979 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision was examined by the zoning and planning commission which reco=ended that said plat and oubdivision•be<accepted^and approved. NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and nubdivision located on the above described property be, and the same is hereby approved, and the dedication of the streets and parks as by law provided is hereby accepted. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES /50/ I� I i a , I I i i ij it �I li I i I i i Res. No. 79-352 Page 2 Upon roll call, the following vote was taken. BALMER Aye x Nay Absent dePROSSE Aye Nay Absent x E_RDAHL Aga _ Nay Absent Abstain NEUHAUSER Aye x Nay Absent PERRE T Aye Nay x Absent ROBERTS Aye x_ Nay Absent VEVERA Aye x Nay Absent The foregoing is hereby duly certified by Abbie Stolfus _'__ as a true and exact copy of a Resolution of the City Council of Iowa City, Iowa, made at a regular meeting held on the 31st day of `_^July , 1979. Cit�ko jiwac ty. Iowa Passed and approved this _ day of July , 1979. Mayor ATTEST: C ty Cl L /BEST 'nOCumgNT AVAILABLE Z L4 1! t �"rc ' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 6 1 Y . 9hi., A,:r:• ,..'l -qua- :'.JLoc':Iit. I:oyd i .,�:,.. (`rri..!;, L. !:.r:a5r•:h�rt, hr r�i[,ar .. 1 suL,.:..::1 .'And City of ,.c. ('tty, ),.q -A mcnic•:, r,:t r.,Itter ch,. .'1••. . :9 I'CSESS ST!I: S­,-tion 1. .`3idt-•,:;t!b. _.. ;j,`.._1• G: The Subdivider agrees t'rrat at rha time ;I installation of parkin.; lot .impro•✓emeItts within said suhd visioi, or within one year Lrom he ,atr! of the approval or i-.he• final plot of said suit- division, t Install sidewalks on the West .side of hoyrum Addition as shown r,;: -ti,_ plat, at least 4 feet in width and a(c(,r-dJn t to the is plans and =, � ifi.catior.s of the City of Iowa City, and with Inspec- t I tions by the City L•:ng,neer or designate as sp c.ified in Section 2. Ir j Section. 2. Constructionf. [mpr vtfmLnts. All such improvements a:; stated in Section I of this 2 I 11 Agreement shall be constructed and installed by the subdivider j according to the plans and specifications of the City of Iowa City, Iowa, with inspections by the City Gngineer or designate. 'I Said inspections shall. consist of occasional inspection of the work in progress, but shall not relieve: or release the Subdivider j from its responsibility to construct said improvements pursuant to t i i. said plans and specifications. r k t Section .3. Waiver.. i In the event the Suhdivider, their assiyns or successors in interest, should fail to const.ruct sidewalks, the City shall have the right to install and construct said improventent.s and the costs of [ z said improvements shall be in lien and charged nguinst allthe lots ab;;tt.iny or in front of which improvements are made and any lots li It which may be assessed Cor improvements :mdrrchc provision or Chapterwhich 1 384 of th,>. Code of .Iowa. 'Pilo cost of. :;urAh need ,ot not t the requirements of notice, hene:f.it or value as provided by law of the I S+:ate of. .Iowa for assessing such i.mprovr moot s. Is further provide•'. ha :his re,luiremCit co s;) Construct sand t:n;;:v..r,•r.t:-, • rra:c„+.., li,•n 1'r nm cLtt, ;nti1. nro;.•.'r!y rclr'r;. :,:; hii:n('.. -�:^rl•.d. I i � t G-,0+ t .. to rL :.•.,, ic.� -, �t-c (_its' ,: t I'. ,i-� +1. •I I. !, , � i i e✓ �� , ! "nrclr -,r s ,,, Cr, •�� ,' +, i ., • i n,;n� t t' .inns ; , MICROFILMED BY j JORM MICROLAB CEDAR RAPIDS-DES 14010ES stit,ac ., c10ud u;,rn the t,ti�r 0:. tr:,o; s* in said Addition. CITY OF ('I lVY, IC":7A '_ NI:Rh:B OF HUt ROM AI::UI"'iuS ko!'. , t Vcr:era, Mayor htar: Icille Boyd aY' qC" �_4A_Cqwy_12nerk ByI'IAF eida L. Rum e.lhart STATE OFIOWA ss: COUNTY OF fOlINSON On this day of 1979, before m2 the undersigned, a Notary Public in and for the State of Iowa, personally appeared Robert Vevera and Abbie Stolfus, to me personally known, who, being by me duly sworn, did say that they are the mayor and city clerk, respectively, of said city executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said City by authority of its City Council; and i S that the said mayor dnd city clerk as such officers acknow- ledged the execution of said instrument to be the vol.untary act and deed of said corporation, by it and by them voluntary executed. STATE OF IOWA ss: COUNTY OF JOHNSON t �4 I Notary p b 6CLrn er far the State of Towa On the �j, day of _0-1 , 1979, before me the undersigned, a Notary Public it) and frr the Stato of Iowa, personally .ippeared Mary Lucille Boyd arid Freida L. RummelharL, to me per::onall.y known, who, tieing by mo duly Sworn, did say that they are the owner's of Huyrum A:1diLion and th.,i thay a(7knowIC:.Ig(c l the execution of sd,id instrument to be '..I;eir ,nrl deed. /BEST DOCUMENT AVAILABLE esu:, r I i.,l•: r: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES RESOLUTION N0. 79-353 RESOLUTION OF SUSPENSION OF LIQUOR CONTROL LICENSE WID11EA3, 95-35(2) of the Code of Ordinances of the City of Iowa City provides that a liquor control license or beer permit may be suspended for up to one year for any violation of law, including a violation of the Code of Ordinances of the City of Iowa City, and WHEREAS, the Human Rights Conmission of the City of Iowa City has found that Ambrose-Lovetinsky, Inc. d/b/a Woodfields violated 918-33(a) on June 23, 1979 by denying to persons the full and equal enjoyment of its public acccm- modations, and Iq EREAS, the Human Rights Ccrtmission has found and certified to the Council of the City of Iowa City, pursuant to 018-43(a)(2) i of the Code of Ordinances of the City of Iowa City, that Ambrose-Lovetinsky, Inc., d/b/a {Yoodfields, en- gaged in a discriminatory practice that was knowingly and recklessly tolerated by Mr. Harry Ambrose, an officer of the corporation, and WHEREAS, the City Council of Iowa City has determined that the liquor control licensee, Woodfields, has engaged in discriminatory and unfair practices that should not and will not be tolerated by the City Council and citizens of Iowa City, Iowa. NOW TIOUTORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: The liquor control license issued to Ambrose-Lovetinsky, Inc Woodfields on February 24 1979 be suspended for four months effective August 1, 1979 d/b/a It was moved by Vevera and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and adopted this 31st day of July , 1979. ATTESTIe/ CITY CLERK / - 62'e e / el ' A_oe..a-_ MAYO MICROFILMED BY JORM MICROLAB CEDAR RAPIOS•DES tjoIBEs RECEIVED A AFFROVED BY T LEGAL, DEPARTMENT If 0 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.18 NOTICE OF SUSPENSION OF A BEER AND LIQUOR LICENSE ISSUED TO AMBROSE-LOVETINSKY, INC. dba/WOODFIELDS To Harry Ambrose Daniel Lovetinsky Ambrose-Lovetinsky, Inc. 223 E. Washington Iowa City, Iowa 52240 NOTICE IS HEREBY GIVEN that a public hearing was held on June 24 and 31, 1979, before the City Council of the City of Iowa City to determine whether the City Council should suspend the beer and liquor license issued to Ambrose-Lovetinsky, Inc. dba/Woodfields on February 24, 1979. Having received a certification pursuant to Sec. 18-43(a)(2)i of the Code of Ordinances of Iowa City, Iowa, from the Iowa City Human Rights Commission that Ambrose-Lovetinsky, f Inc. violated Sec. 18-33(g) of the Code of Ordinances by denying to persons the full and equal enjoyment of its public accommodations and that the discriminatory practice was knowtingly and recklessly tolerated by Mr. Harry Ambrose, an officer of the licensee corpor- ation City Council concurred in the findings. Pursuant to Sec. 5-35 of the Code of Ordinances, the license described herein shall be suspended from August 1, 1979 to November 30, 1979, i inclusive. AbbIt SIUI.Mb, LIIVCLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES t i n RESOLUTION NO. 79-354 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF Sunset Street Improvement Project ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of coat for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $2.300. _ payable to Treasurer, City of Iowa City, Iowa. i i 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 13th day of Auaust , 19Ig. Thereafter, the bids will be opened by the CIV Enalneer and il thereupon referred to the Councof the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 P.M. on the 14th day of August 19-79—. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110 RIES Received 3 Approved By The legal Department i � Page 2 Resolution No. 79-354 .4 I It was moved by Perret and seconded by Balmer that the Resolution as rea e a opte , and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse t x Erdahl x Neuhauser �. x Perret x Roberts P x Vevera Passed and approved this 31st day of July , 1979. I i I t' i MAYOR i I �� a i ATTEST: G ' CITY CLERK I I I 'I j I i i I i WROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIIIES , i ' S S I i RESOLUTION NO. 79-355 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF RIVER CORRIDOR SEWER PROJECT WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. , It. was moved by Balmer and seconded by that the Resolution as read be adopted, and upon roll call there were: Perret AYES: NAYS: ABSENT: x BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 31St day of July , 19 79 MAYOR ATTEST: r. taelved i Approved CITY CLERK By The legal Department i i 7-Ae--79 O- 15f�� I j IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tIOPIES RESOLUTION NO. 79-356, ' RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF FY80 Asphalt R surfs I g project ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT- ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plane, specifications, form of contract, and estimate of Cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plane, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. r 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of $15.000, payable to Treasurer, City of Iowa City, Iowa. I 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-nased project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until _ 10:00 A.M. on the 14th day of Auauat 19 71 Thereafter, { the bids will be opened by the _ Clty Engineer and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, ! Iowa, at 7:30 P.M. on the 14th day of August , 19�_. ROMW A Approved BY The Legal Department 7-96-L9 � . MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a r, f i 4 if I i I I I 1 i Page 2 Resolution No. 79-356 1 It was moved by Neuhauser and seconded by Perret that the Resolution as rea ed—b�a opteec, and upon roll ca t ere were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July , 1979 MAYOR ATTEST: riv, L. CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES FIOIIIES RES0LMION No. 79-357 RFSOLUrION ACCEPTII%G SANITARY SEWER IMPROVEMENTS RESUBDIVISION OF LOT 30, CONWAY I wKswm, the Engineering Department has certified that the following ilcprovMents have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer as constructed by Knowling Brothers Construction i Company, Coralville, Iowa for Lots I through 20 of Resubdivision of Lot 30, Conway's Subdivision. } s c AND WfiE WM, Maintenance Bonds for Know l inn Broc Const.So_ are on file in the City Clerk's Office, NUKTEIEIUOBE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said inprova ants be accepted by the City of Iowa City. It was moved by Balmer and seconded by Erdahl that the Resolution as re a accepts , and upon roll call a were: AYES.• NAYS: ABSENT: BALMER x x DEPROSSE ERDAH L _ x NEUHAUSER x PERRET x ROBERTS x VEVERA x this 31st Passed and approved this day of 1979 Mayor ATPEST:4JC A�ler Received i Approved By The Legal Department I5S�9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES j CITY I OF IOWA CITY CIVIC CL-NILR 410 E. WASIIINGION SI. IOWA Cffy I(.)wA i7;':I<� 131`)1"-a 1 ENGINEER'S REPORT July 24, 1979 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer as constructed by Knowling Brothers Construction Company, Coralville, Iowa for Lots 1 through 20 of Resubdivision of Lot 30, Conway's Subdivision. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. i Respectfull140e submitted, Eug ne A. Dietz, P.E. City Engineer jm2/13 is I' f l I I r i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I I FZFSOI ioN No. 79-358 FtESOIMION ACCEPTING STORM WATER STORAGE FACILITIES WEDGEWOOD APARTMENTS L.S.R.D. MWM. the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Storm water storage facilities in Wedgewood Apartments, L.S.R.D. as constructed by D 8 G Construction of Cedar Rapids, Iowa. NOW '1d1F:i FUM BE IT ITSOLVED by the City Council of Iowa City, Iowa, that said irrprovements be accepted by the City of Iowa City. It was moved by Balmer and seconded by Roberts that the Resolution as read be i5EgFt9, and upon roll call theme were: AYES: NAYS: ABSENT: BALMER x DEPROSSE X ERDAHI x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 31st day of JJJuuly�J 19 79 Mayor ATTEST: L City Clerk / Received & Approved By The Legal Deparhnonf MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOIRES 0 I ig CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D ENM EEER'S REPORT July 25, 1979 To the Honorable Mayor and City Council Iowa City Iowa Honorable Mayor and Councilpersons: I hereby ents listed below have been omp et dtinhaccordancetwith hee construcion of �lplan raand mspecifications of the Engineering Division of the City of Iowa City. Storm water storage facilities in {Vedgewood Apartments, L.S.R.D. as constructed by D $ G Construction of Cedar Rapids, Iowa. I hereby recommend that the above improvements be accepted by the City of Iowa City. Res c tfulsubmitted, AA r E gene A. Dietz, P.E. City Engineer FAD/CJS/jp MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIOIRES RESOLUTION NO. 79-359 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE TRUCK WASH BUILDING AT THE IOWA CITY SERVICE CENTER WHEREAS, R. K. Home Improvements of Iowa City Iowa has submitted the best bid for the construction of the above- named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to R. K. Home Improvements of Iowa City, Iowa - $53,990.00 subject to the condition that awardee secure adequate performance bond and insurance certificates. i It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER _ x DEPROSSE x ERDAHL i x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 31St day of July 1979 f I MAYOR I � ATTEST: CITY CLERK Received A Approved B T legal D p8 eM zto 19 155/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES 0 J A CONTRACT THIS AGREEMENT, made and entered into this gth day of _ August 19 79, by and between theCity of Iowa City. Iowa party of the first part, hereinafter referred to as the "Owner" and R. K.'s Home Im rovement Com an party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the day of 19_ZL, for a truck wash building under the terns and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the attached proposal of the Contractor for the work and for the sums listed therein. 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation. C. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i i i i i i j •) I 3 j i i i i i i i j •) I 'i 1 e. Special Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as -binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. Contractor (Seal) BY Olr ri l t C .J c c� (Seal) By —^- � (Title) Mayor (Title) !'cam �q,����—•�•� ATTEST: ATTEST: �« i"72a.• �:<, A (Title) City Clerk - (Title) /�a, (company ficial) CF -2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES . -, ' FORM OF PROPOSAL CITY OF IOWA CITY P1,A 6 / NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder R. K. Is Rome Improvement Company Address of Bidder 2217 Muscatine Ave., Iowa City, Iowa TO: City Clerk City of Iowa C1ty Iowa City, Iowa 52240 The undersigned bidder submits herewith bid,secJrity in the amount of f_54 in accordance with' the terms set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services; materials and equipment and to perform the work as described in the Contract Documents, including Addenda and and do all work at the prices ereTi�in�ter set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to s'ir'ing such work, or if such prices or sums cannot be agreed upon to I rm such work on a force account basis, as provided in the "Standard °ications". BASE BID INCLUDING AL i BEEP Ic17MENT AVAILABIM $ 53,990. __Metal Buildin¢ Insert on line above the nave o the metal building manufacturer whose product is included in th base bid. P-1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Ido RIES D 7 The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons ' bidding on the work. The undersigned bidder states that this proposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. FIRM: R. K.•s Nome Improvement Company By:Go j Branch Manager (Title) I 2217.•Vasoetine Ave. , Iowa City, Iowa Business ress (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF .. I ALL PARTNERS. ` Randall S. Mahurin Darrel E. Berry II i i. I P-2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIES RESOLUTION NO. 79-360 RESOLUTION OF NECESSITY TO AUTHORIZE THE CITY OF IOWA CITY, IOWA, TO ENGAGE IN A NEIGHBORHOOD REDEVELOPMENT PROGRAM. WHEREAS, the City of Iowa City is empowered pursuant to Chapter 403, Code of Iowa, 1979, to formulate a program for utilizing appropriate private and public resources to eliminate slums and prevent the development or spread of urban blight and to encourage urban rehabilitation, and WHEREAS, the following area has been found to be in need of conservation, rehabilitation and redevelopment to prevent decay and the spread of blight, to wit: jAn area bounded on the north by Court Street, on the east by Gilbert Street, on the south by Kirkwood Avenue and on the west by Dubuque Street, as illustrated on the map attached hereto and by this reference made a part thereof. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, that the City Council has considered the above findings and it is hereby found by the City Council that: 1. One or more slums or blighted areas exist in the City of Iowa City, Iowa. 2. The rehabilitation, conservation, redevelopment or a combination thereof, of such area is necessary in the interest of the public health, safety, morals or welfare of the residents of the City of Iowa City, Iowa. It was moved by Perret and seconded by Erdahl- that the resolution as read be adopted, and upon roll call there were: I AYES: NAYS: ABSENT: x Balmer _ x deProsse x Erdahl x Neuhauser x Perret x Roberts X Vevera Passed and approved this 31st day of %ullyy 1979.9. MAYOR ATTEST: CITY CLERK10 ,ppI10fED eY Tar: AyT, L>rEa►Lt DEPARTIOT 155 z - -- . __.1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES LOWER RALSTON CREEK NEIGHBORHOOD � 1 no m z � m " 0 9 2 A ~ z � p mnnn!mmn 0IN 0110 oa1'I 1111 111111 ���.. �1. wimm MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110 RIES LBERT I CID VAN BUREN ST I 0 0 0 cz z W mi 1c LFJ Z 0 PMto mi Q gm W 3 0 Somill i W F:D m ri Z PROJECT BOUNDARY 1 1 TREAT CLOSED TO T .AF/IC �//VACATED STREETS 00 !LOCK NUMMI.LAL1PA.ClI NUMBER F -M CITY OF IOWA CITY »,• SCAM! - c QIVISFD- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO 79-361 RESOLUTION AMENDING A PREVIOUSLY ESTABLISHED AMOUNT OF JUST COMPENSATION FOR ACQUISITION OF RIGIIT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT (PARCEL NO. 7). WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban Systems, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the property described below, either by purchase or by the exercise of the powers of eminent domain; and, WHEREAS, the City Council of Iowa City, on May 29, 1979, adopted a resolution establishing the amount of $107,800.00 as just compensation for the purpose of acquisition of necessary right-of-way and an uneconomic remnant from Parcel No. 7, South Gilbert Street Improvement Project; and, WHEREAS, the City has received appraisals, staff reports and recommendations concerning the just compensation for the said Parcel No. 7, and has reviewed the appraisals, and reports, and being familiar with the said Parcel No. 7, desires to amend the previously established amount of just compensation for the purpose of acquisition of only the necessary right-of-way and not the uneconomic remnant from the said Parcel No. 7. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the amount listed below is hereby declared to be the amount of just compensation for the purpose of acquisition of the necessary right-of-way from Parcel No. 7, South Gilbert Street Improvement Project. The Staff of the City is hereby authorized to continue negotiations for the pur- chase of said property and the Mayor and the City Clerk are authorized to contract for the purchase of said property. In the event negotiations for purchase are unsuccessful, the City staff is hereby authorized to institute condemnation proceedings for the acquisition of said property. This resolution certifies that the work of the appraisers and the review appraiser with respect to each property has been performed in a competent manner in accordance with applicable State and Federal laws and regulations. Real Estate Interest Parcel Owners 7 David Braverman and the DJ Trust, Edmund Gatens, Trustee MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DE.S 110111Es Amount of Just Compensation $106,800.00 1e53 "Res. No. 79-361 _Z_ It was moved by Roberts and seconded by Balmer that the resolution as rea be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this day of 1979 ATTEST: City Cler Mayor RECiCIYID 4PPROVED Bj�1 LE0LLEPI TiMXT its .1 2l �t MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES I i I f„ Ij { t "Res. No. 79-361 _Z_ It was moved by Roberts and seconded by Balmer that the resolution as rea be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this day of 1979 ATTEST: City Cler Mayor RECiCIYID 4PPROVED Bj�1 LE0LLEPI TiMXT its .1 2l �t MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES b � ?RESOLUTION NO. 79-362 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR ACQUISITION OF RIGHT-OF-WAY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT (PARCEL NO. 7). WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal -Aid Urban System, FAUS, project known as Project Number M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property described below; and, WHEREAS, in order to acquire said property, the City desires to enter into a contract for the purchase of the real property described below with the owners of said property: David Braverman and the DJ Trust, Edmund Gatens, Trustee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign and the City Clerk to attest a contract for the purchase of the real property described below: Commencing at the NE corner of Lot Two (2) in Part � Southgate j Addition to the City of Iowa City, Iowa, thence N78 2710011W 60.00 feet along the north line of said Lot Two (2) to the goint of beginning; thence S11033'00"W 148.00 feet; thence N78 2710011W 68.69 feet; thence N11°33'00"W 24.14 feet; thence northeasterly 130.74 feet along a 829.55 foot radius curve concave northwesterly and whose 130.61 foot chord bears N300 03103"E; thence S780 2710011E 27.25 feet to the point of beginning. Said parcel contains 7,596 square feet more or less. Commencing at the NW corner of Lot Two d2) of Part I Southgate Addition to the City of Iowa City, Iowa; thence Sll 331001111 123.86 feet to the point of beginning; thence S11°33'00"W 215.35 feet; thence southwesterly { 20.96 feet along a 1015.83 foot radius curve concave southeasterly and o whose 20.96 foot chord bears S29 36108"W; thence S89 5814911W 96.08 feet; thence northeasterly 218.61 feet along a 1100.83 foot radius curve concave southeasterly and whose 218.25 foot chord bears N320 16116"E; thence N370 5713711E 6.44 feet; thence northeasterly 49.16 feet along a 829.55 foot radius curve concave northwesterly and whose 49.15 foot chord bears N360 1510711E to the point of beginning. Said parcel contains 12,121 square feet more or less. S Beginning at the NW corner of Lot Five (5) in Part °I Southgate Addition to the City of Iowa City, Iowa; thence S78 2710011E 59.66 feet; thence southwesterly 9.26 feet along a 914.55 foot radius curve concave northwesterly and whose 9.26 foot chord bears S370 40113"W; thence S3705713811W 6.44 feet; thence southwesterly 137.73 feet along a 1015.83 foot radius concave southeasterly and whose 137.63 foot chord bears S34004'34"W to the westerly line of Lot Five (5); thence Nil °33'00"E 141.21 feet along the westerly line of Lot Five (5) to the point of beginning. Said parcel contains 4143.32 square feet more or less. FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401RES 1650 Res. No. 79-362 -2- It was moved by Perret and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Erdahl X Neuhauser X Perret x Roberts x Vevera Passed and approved this 31st day of July 1979. ATTEST: Wpjtit4 c2 City g erk favor MCEIVM d IPPI BY THE CAL EF R2 - z MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES i i I 1 I � 1 r 1 J P. II 1 ;_ 11 1 Res. No. 79-362 -2- It was moved by Perret and seconded by Balmer that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Erdahl X Neuhauser X Perret x Roberts x Vevera Passed and approved this 31st day of July 1979. ATTEST: Wpjtit4 c2 City g erk favor MCEIVM d IPPI BY THE CAL EF R2 - z MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES Parcel No. 7 CONTRACT FOR ACQUISITION OF RIGHT-OF-WAY Project No. M-4051(2)--81-52 IDOT Agreement No. 78-S-083 Road: South Gilbert Street THIS AGREEMENT made and entered into this day of 1979, by and between David Braverman and the -D.J. Trust, Seller, and the CITY OF IOWA CITY, Buyer. I. In consideration of the agreements, covenants, and provisions herein contained, Seller hereby agrees to sell and furnish to Buyer a Warranty Deed on form(s) furnished by Buyer, and Buyer agrees to purchase the real property situated in the City of Iowa City, County of Johnson, State of Iowa, and legally described as follows: Commencing at the NE corner of Lot Two (2) in Part I Southgate Addition to the City of Iowa City, Iowa, thence N 78027100" W 60.00 feet along the north line of said Lot Two (2) to the point of beginning; thence S 11033'00" W 148.00 feet; thence N 78127100" W 68.69 feet; thence N 11033'00" W 24.14 feet; thence northeasterly 130.74 feet along a 829.55 foot radius curve concave northwesterly and whose 130.61 foot chord bears N 30003'03" E; thence S 78027'00" E 27.25 feet to the point of beginning. Said parcel contains 7,596 square feet more or less. Commencing at the NW corner of Lot Two (2) of Part I Southgate Addition to the City of Iowa City, Iowa; thence S 11033'00" W 123.86 feet to the point of beginning; thence S 11033'00" W 215.35 feet; thence southwesterly 20.96 feet along a 1015.83 foot radius curve concave southeasterly and whose 20.96 foot chord bears S 29036'08" W; thence S 89058149" W 96.08 feet; thence northeasterly 218.61 feet along a 1100.83 foot radius curve concave southeasterly and whose 218.25 foot chord bears N 32116116" E; thence N 37057'37" E 6.44 feet; thence northeasterly 49.16 feet along a 829.55 foot radius curve concave northwesterly and whose 49.15 foot chord bears N 36015'07" E to the point of beginning. Said parcel contains 12,121 square feet more or less. Beginning at the NW corner of Lot Five (5) in Part I Southgate Addition to the City of Iowa City, Iowa; thence S 78027100" E 59.66 feet; thence southwesterly 9.26 feet along a 914.55 foot radius curve concave northwesterly and whose 9.26 foot chord bears S 37040'13" W; thence S 37057'38" W 6.44 feet; thence southwesterly 137.73 feet along a 1015.83 foot radius concave southeasterly and whose 137.63 foot chord bears S 34004'34" W to the westerly line of Lot Five (5); thence N 11033'00" E 141.21 feet along the westerly line of Lot Five (5) to the point of beginning. Said parcel contains 4143.32 square feet more or less. The premises include all estates, rights, title and interests in the real property specified subject to all easements, whether temporary or permanent. Seller consents to the proposed establishment, realignment and/or any change of grade of South Gilbert Street and hereby accepts payment under this contract for any and all damages arising therefrom. The premises also include all rights, title, interest and leasehold in all advertising devices and the right to erect such devices as are located thereon. 2. This contract shall apply to and bind the legal successors in interest of the Seller and Seller agrees to pay all liens and assessments against the premises, including all taxes assessed and payable at the time of delivery of the conveyance and agrees to warrant good and sufficient title. If title to this property becomes an asset of any estate, trust, conservatorship or guardianship, Seller agrees to obtain court approval of this MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES NOInES ■ i 2 contract if deemed necessary by the Buyer's attorney. Names and addresses of Iienholders are: None 3. Seller agrees to furnish and deliver to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable title to the premises in Seller and agrees to make all necessary abstract corrections and Buyer agrees to pay the cost of continuing the same. In addition to the Lump Sum, Buyer agrees to pay costs necessary and incident to transferring the premises to the Buyer, i.e. abstracting, mortgage prepayment penalties, mortgage release payments, documentary stamps, recording fees and similar fees and costs, but not attorney fees. Claims for such payments shall be made on forms furnished by Buyer and paid in an amount supported by paid receipts or signed bills. 4. Seller warrants that there are no tenants on the premises holding under lease except: None Seller warrants that there are no tenants on the premises holding without lease except: None Buyer shall take the premises subject to the rights of the tenant. Subject to the payment of the Lump Sum, Seller does hereby assign his rights under the terms of said lease to so much of the leased premises as is the subject of this contract. 5. By signing this contract Seller does not jeopardize his right to relocation assistance benefits for which he may be eligible s under law. i 6. Possession of the premises is the essence of this contract and II Buyer may take immediate possesion of the premises per the terms of this contract for purposes set forth herein. Seller may at his option surrender possession of the premises, or building, or improvement, or any part thereof located thereon prior to the time at which he has hereinafter agreed to do so. Seller agrees to give Buyer ten (10) days notice of Seller's intention to vacate the premises to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Upon Seller's vacation of the premises, Buyer may enter and may assume full possesion, use and enjoyment of same. 7. Buyer agrees to pay and Seller agrees to grant the right of possession, to convey title and to surrender physical Possession of the premises as shown on the Schedule listed below. Payment Amount a _ 5 - 5 - $106,800.00 $106,800.00 Scheduled Performance on right of possession on conveyance of title on surrender of possession Performance Date on possession and conveyance 30 days from date hereof TOTAL LUMP SUM BREAKDOWN Land by fee 23,860 (SQ. FT.) including - established Highway (SQ. FT.) in presently Permanent Easement for - 9,670 (SQ. FT.). (SQ. FT.). Temporary Easements for MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES HOMES 3 Buildings _ including fence Other Improvements Access Control Damages to remainder $23,290.00. Buyer and Seller hereby agree that the amounts described herein constitute just compensation to Seller for all property interests described herein. 8. Claims for all lump sum payments are certain and due and payable on or before the date specified herein. Buyer may include mortgagees, lienholders, encumbrancers and taxing bodies as Payees on warrants for contract payments. 9. Iholds f, and only if, the Seller, immediately preceding this sale, tenancy histnot elater to hdest oyed by e remises in peratioen of law or bycactslof the , then thecontinuingr and/or recapturededrights of sSellerri n saidd reany al property, shall be and continue in Seller as joint tenants with rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either of such joint tenants, agrees to pay any balance of the proceeds of this contract to the surviving Seller and to accept deeds solely from him. 10. It is agreed Buyer may enter on the premises, upon Seller signing the contract, if necessary for the purpose of obtaining field information. 11. Seller hereby grants to Buyer a temporary construction easement over the following described real property, to -wit: A strip of land 20 feet wide lying easterly of and adjacent to the east right-of-way line of realigned South Gilbert Street and extending from Station 67+47 to Waterfront Drive; also a strip of 20 feet wide lying westerly of and adjacent to the west right-of-way line of realigned South Gilbert Street and extending from Station 66+90 to the .Highway N6 right-of-way line; all as shown on the South Gilbert Street construction plans. for the purposes of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. This grant conveys to Buyer, and its agents, employees, and contractors employed by Buyer for the construction of said improvements, the right to enter and encroach upon the above described real property for the period of construction of said improvements. This grant includes, but is not limited to, the following purposes: excavation, removal of pavement, installation of sewers, installation of water mains, installation of pavement, sidewalks, and driveways, and grading the street, sidewalks or driveways to street grade. This grant may also include storage of equipment or materials on the above described real property. It is expressly understood that Buyer, by accepting this grant of temporary construction easement, agrees to replace and repair any damage to said real property caused by said construc- tion and agrees to fine grade and reseed said real property. The said temporary construction easement shall become null and void upon completion of, construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. 12. This written contract constitute sythe entire agreement between the parties and it is understood that there is no agreement to do or not to do any act or deed except as specifically provided for herein. The entire contract consists of 4 pages. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 'IOIDEs David Braverman a SELLER: THE OJ TRUST BY: Edmund Gatens, rustee I SELLER'S ACKNOWLEDGMENT STATE OF IOWA ) COUNTY OF JOHNSON SS On this ,-- day of 1979, before me, the undersigned, a Notary Public in and f0_r_t_he_Tt_a_t_e__07 Iowa, County of Johnson, personally appeared to me known to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Edmund Gatens further acknowledged that, as the Trustee of the OJ Trust, he was duly authorized to execute the foregoing instrument on behalf of the DJ Trust. Notary Publicin and for the State of Iowa My Commission expires BUYER: CITY OF IOWA CITY BY A MAYOR ATTEST: CITYL i j BUYER'S ACKNOWLEDGMENT STATE OF IOWA ) SS iI COUNTY OF JOHNSON ) I On this j&_ day of i` 1979, before me, the under- signed, a Notary Public in and fo the State of Iowa, County of Johnson, personally appeared Robert A. Vevera and Abbie Stolfus, to me personally known, who by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the said municipal corporation, executing the J within and foregoing instrument; that said instrument was signed and sealed on behalf of said municipal corporation by the authority of its City Council; that the said Mayor and City Clerk as such officers acknow- ledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them Vol untarily,executed. Notary Public in and for tmp State of Awa My Commission expires d / 9 y"d , Ftii IVEU k I-fpEO',—_D Ij7 ,T E LE21, ID191RT4EYT MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-363 RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A LEASE BETWEEN CITY OF IOWA CITY AND WASHINGTON PARK, INC. FOR THE DAVIS BUILDING, 601 SOUTH GILBERT STREET, IOWA CITY, IOWA. WHEREAS, the City of Iowa City, Iowa has negotiated a lease with Washington Park, Inc., for the rental of the Davis Building, and WHEREAS, the City Council deems it in the public interest to lease portions of the Davis Building, 601 S. Gilbert Street, Iowa City, Iowa, for the purpose of office space from July 1, 1979, to June 30, 1981, at a rate of $1,463 per month. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, 1. That the Mayor is hereby authorized to sign and the City Clerk to attest the lease with Washington Park, Inc. 2. That the City Clerk shall furnish copies of the lease to any citizen who requests it. It was moved by Perret and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer _ x deProsse �— Erdahl _xL Neuhauser x Perret x Roberts x Vevera Passed and approved this 31st day of July 1979. eL` T-vQui MAYOR ATTEST:lal� CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIIIF.5 REGEI{� 6 A-�rRO�'ED EE SEE LEGAL, DEPARTIO NT 555 i IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ItoftiCS i I IOWA STATE W ASSOCIATION e�ld Form No. 30 n,r.e.r• ewl.v ser w IwM u•n OFOR rote LEGAL EFFECT OF 'TME USE - OF THIS FORM, CONSULT YOUR LAWYER VON,LEASE-BUSINESS PROPERTY THIS LEASE AGREEMENT, executed in duplicate, made and entered into this day of July i19 L9, by and between — Washington park, Inc. hereinafter celled the "Landlord" J whose address for the purpose of this lease Is 601 South Gi t :)ert St Iowa City, Iowa (Street and Number) fciM) Iowa 52240 and the City of Iowa City Iowa (stele) Rip Coda) i (hereinafter called the'Tesaet"J whose address for the purpose of this (ease Is 41 0 Fant Washington Street. Iowa City (Stool and Numb") (City) Iowa 52240 WITNES SETH THAT: (Star.) Rip cod.) I. PRIMISIS AND TEEM. The Landlord, in considaratlon of the rents herein rosarved and of the agreements and conditions here• in contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Lend• lord, according to the terms and provisions herein, this following described Foal estate, situated in - JOHNSON County, Iowa, to wit: the premises currently occupied by the City of Iowa City at 322 East Washington Street, Iowa City, Iowa, also known as the Davis Building, consisting of the first floor South and the second floor North and South of the stairwell. with the improvements thereon and all rights, easements and appurtenances thereto belonging, which, more particularly, includes the space and premises as may be shown on "Exhibit A", if and as may be attached hereto, for a term of two an, cm""Iso of mM. flrat o4M of the day previous to the first day of the loam term, which shall be N Ito d f _ July lg 79 and .ndlIi mletelght on 1M last day of the Team term, which she los ao the 30�h del of June It upon the Condition that the Tenant pays rant therefor, and otherwise perform, as in this lease provided. 2. RENTAL Tenant agrees to pay to Landlord as rental for sold form, as follows} S--1.461.00 per moafh, to advance, No Int net paymeat becoming dog spun Shea 71hd1lK1!!l!~"hf7 WAVx aw IW NN, f4 Vat- day of .7.11 I If..751 and the Ramo amant, per month. IN advance, an the f i r at day of each month }hent er, during fhe term of #his lease. In addition to the above monthly rental Tenant shall also pay: ' On July 1, 1980 the rent shall be increased for the following year in proportion of the U.S Bureau of Labor Standards - Consumer Price Index All Urban Consumers for April 1979 with the same cost of living index for All be the Land April 1980 sums shall paid at address of a above desi,noted. or at such of or place in Iowa, or alowhsre. as the Landlord may, from time to time. previously designate in writing. Delinquent payments shall drew interest at 1 % per annum from the due date, until paid. 3. POSSUIION. Tenant shall be ontilled to pauesdon on the first day of the fen of this lease, and shall yield possession to the Landlord at the time and date of the clow of this Isese form, except as herein othorwhe aprouly provided. Simons Ssediord be SEN.. MY fe Rive Possaselan as gal/ ata%, TMot's sell damages shall be a rehetteg of no pro rete roofel. 4. USE OP PRIMISIS. Tenant covenants and agrees during the to. of Ihis feet@ to use and to occupy the leased promises only for es offiaof urban Renewal and conferences For restrictions on such use, see paragraphs 6 (c), 6 fall and I I (b) below. S. OUIET INJOTMINT. Landlord covenants that its estate in mid promises Is - fee Simple and that the Tenant on paying the rent herein reserved and performin all the agreements by the Tenant to be performed as provided in this Teem, shall and may peaceably have, hold and enjoy the dsmiwd premlu, for the tam of this loam free from molufetion, eviction or disturbance by the landlord or any other persons or legal entity whalwavu, (But we paragraph 14, below.) Landlord, shill have the right to mortgage all of Its right, title, Inbred In mid promises at any time without notice, subject to this lease. 6. CARE AND MAINTINANCE OP PRIMISES. fad Tout takes sold promlses to their present condition atop} for such repaln and elleration, a, may be expressly herein provlda . e�1la•t urs w. Tr I•w esco eco a•rWw. 'teaNW W coil ra, •r1,l"w.wal wn•,.w11w1•lwve, rtle awIr 41 w NN Nrw wry M „Ma,w• M , 30, LIASI-SUSINIS FROM.. IIM. _ tel, rrlal,nr n"n. Ivry IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES ItoftiCS ki (b) LANDLORD'S DUTY OF CARE '� MAINTENANCE. Landlord will keep the roof, sim ,.part of Ike floor, -alit and other }true• lural Paris of the building in good repair. (c) TENANT'S DUTY OF CARE AND MAINTENANCE. Tonant Shall, after feting POSsnafien Of said premises and until the termination of this lease and the actual removal from the promises, at its own expanse, cera for and maintain said premises in a reasonably safe and service• able condition. except for structural parts of filo building. Tenant will furnish its awn interior and ederinr decorating. Tenant will not permit at allow Said promims to be dnmagnd or depreciated in value by any act or negligence of the Tenant, its agents or employees. ItY H oar-0mttittq Jho!Jaaar.liky.eLlhe-f.,ragewrgr.i«seehwlN-make aeenarJtapelrr}o-thywows,-fhr-plmrbMg, clow water•piparsed'elacfiekal Landlord will repaint all hallways, entrances and restrooms and refinish all doors. Landlord will also order and install new windows for the 2nd floor by November 1, 1979. and T,nnnf agrees 10 leap faucets closed to as to prevent waste of water And flooding of premise(: fo promptly tale care of any leakage or stoppage in any of the wafer. gas or waste pipes. The Tenant agrees to maintain adequate heat to prevent fraewlog of pipes, H and only If the other forms of t is lease fix respanslblllty for beating upon the Tenant. Tenant al its own expense may install floor cover. Ing and will maintain such floor covering in good condition. Teeaof will be responsible 1es`.IM plate Mase aa. tba �nyavttad�be 4""d-p"hn- &for maintaining the parking ores, driveways and sidewalks on and abutflog the leased premises, If the leased premises Include the ground Dour, and If the other farms of MIs lease Include promisee so dnerlbed. Tenant shall make no structured alterations or Improvements without the written approval of the Landlord first had and obtained, of flee plans and specifications therefor. (d) Tortoni will meta no unlawful use of said premises and agrees to comply with all valid regulations of the Board of Health, City Ordi• nancas or applicable municipality, the laws of the State of Iowa and the Federal government, but this provision shall not be cametrued as creating any duty by Tenant to membot, of fila general public. If Tenant, by the terms of this lease ft basing premises on the ground floor, it will not allow fresh of any kind to accumulate on said premises in the halls, if any, or the alley a, yard in front, tide or rear thereof, and if will remove same from the premises of if, own expense. Tenant also agrees to remove snow and ice and other obstacles from the sidewalk on or ebutfinq the premises, if premises include the ground Door, and if this deme may be fairly construed to impose such liability on the Tenant. 7. (e1 UTILITIES AND SERVICES. Tenant, during the form of This lease, shall pay, before delinquency, all charges for use of late - phone, water, sewer, gas, heat, (if heating fs Tenant's responsibility), electricity, power, air conditioning (if air conditioning is the Tenenf$ responsibility), garbage disposal, fresh dispo:al and not limited by The foregoing all ofhar ufiliGos and services of whatever Lind and nature which may be used in or upon the demised premises. Landlord will furnish heat, hot and cold water and public restrooms. (b) AIR CONDITIONING equipment shell be furnished at the expense of landlord and maintenance thereof of (Landlord or Tgnant) the esp.meof landlord, but tenant will provide electricity. (Landlord or Tenant) 1c) JANITOR SERVICE shell be furnished at the expense of tenant (Landlord or Tenant) (d) HEATING shall be furnished of the expense of d and T nrd (Landlord or Tenant) B. (e) SURRENDER OF PREMISES AT END OP TERM—REMOVAL OF FIXTURES. Tenant agrees that upon the termination of this lease, it will surrender, yfold up and deliver Ino leased premises in good and clean condition, except the effects of ordinary wear and fear and depreciation arising from lapse of lime. or damage without fault or liability of Tenant. (See also I I (a) and I I (e) below] (b) Tenant may, at the expiration of the term of this lease. or renewal or ronewals thereof or of a reasonable time thereafter, if Tenant is not in default hereunder, remove any fixtures or equipment which said Tenant has installed in the loosed premises, providing said Tenant repairs any and all damages ceusad by removal. (c) HOLDING OVER. Continued possession, beyond the expiratory dale of the farm of this lease, by the Tenant, coupled with the receipt of the specified rental by the Landlord (end absent a written agreement by both parties for an extension of This lease, or for a new lease) shall constitute a month to month extension of this lease. This lease may be terminated by tenant upon June 30, 1980, by providing written fnpostpirc�e�pooff Said termination to landlord on or before May 1, 1980, by Y erYs3f�iAMeRTAND SUQLETTINk Ano,,lgdlssen o} IbisRleaesBaOr 1tYbIN►iny e1 Ma premises or any part Nara,/, wIM• out the Landlord's written permission shall, of the option of the Landlord, make the rental for the balance of the teas@ farm doe and payable at owes. Such wifllen permission shall not be unreasonably withheld. 10. (e) ALL REAL ESTATE TAMES, o.copl as may be otherwise expressly provided in This paragraph 10, levfod or assessed by law. W eulhe,ify (but reasonably preserving iwjlord's r;gkfs of appeal) against said real propertyY shall be timely paid 6 The pestle} in the following proportions: by Landlord 1V %; by Tenant %. (b) Increase in such teres, except as in the nod paragraph provided, above the amount paid during the bate year of (base year if and as may be defined in this paragraph) shall be paid by Landlord, 100 %: by Tenant %, (c) Increase in luck ferns anaed by Improvements of Tenant shall be paid by Landlord —%I by Tenant (d) PERSONAL PROPERTY TAXES. Tenant agrees to timely pay All tams. assessments or other public charges levied or assessed by lawful authority (but matonalily preserving Tenant's rights of appeal) against !it personal property on the premises, during Ike term of this Inose. (e) SPECIAL ASSESSMENTS. Special assessments shell be timely paid by The parties in the following proporliont: by the Landlord T o (' —%; by the Tenant %, 11, INSURANCE. (a) Landlord And Tenant will each keep Its rospocfivn properly interests In the premises and tit liability In regard thereto, and The personal property on this promise, reasonably insured against harards and casualties; that is. file and thou items usually eov. .red by ndended coverage: and Tenant will procure and dourer to the Landlord a certification from the respective insurance companies to that effect. Such insurance shell be made payable to the parties hereto as the;, interest, may appear, except that The Tenant's then of such fnsurmnce proceed, am hereby assigned and made payable To the Landlord to secure rent or other obligations than due and owing Landlord by T.nnnf. )See also I I (a) below) (b) Tenant will not do or omil the doing of any act which would vlliafn any inuranre, err increase the insurance ralat in force upon the reel ndafe improvemanl, on the premita ar upon Any personal properly of the Tenant upon which The Landlord by law or by Ike forme of this Irate, has at shall have a T.,. (e) Subrogation rights are not to be waived unless a special provision Is attached to this base, (d1 Tenant further agrees In comply with recommendations of Iowa Insurance Sarvice Bureau and to be liable for and to promptly pay, at it curranl rental, any increae in imxrancm rain, an said premcas and on The building of which said premises are A part, due to tncrsesed risks ar has.,ds mwll;ng from Tersnfs safe of Iha premises otherwise Than a, famin cgnlempleted and agreed. (a) INSURANCE PROCEEDS. Landlord :hall tell:, and adjust any claim Against any fnturanco company under it, %aid policies of iniurence fir tho premise, and said insurance monios shall be paid to And held by the Landlord to be used in payment for coil of repairs or milo ration of damaged building, if the destruction is only partial. (Son also I I Is), above) 121 IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOINES 12. INDEMNITY AND LIAEILIiY INSURANCE. Eccepf as to any negligence of the Landlord, arising out of roof and structural parts of the building, Tenant will protect, indemnify and save harmless the Landlord from and against any and all loss, costs, damage and it oxpomm uccasionod 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. ;a, upon or about the leased promisos, or due diroclly or indirectly to the tenancy, use or occupancy thereof, or any pert thereof by the Tenant or any person claiming through or under the Tenant. The Tenant further covenants and agues that it will of ifs own expanse procure and maintain casualty and liability insurance in a responsible company or companies authodxed to do business in the State of Iowa, in amounts not loss than $100,000 for any one porton injured, and SS00000 for any one accident, and with the limits of $15,000 far prop- arty damage, protecting the Landlort! against such claim, damages. costs or expenses on account a( injury to any person or persons• or to any property belonging to any person or parsons. by reason of such casually, accident or other happening on or about the damned promisos during the term thereof. Certificates or copies of said policies. naming the Landlord, and providing for AHeen (151 dart notice to the Landlord before cancellation shell be delivered to the Landlord within twenty (20) days from the dela Of the beginning of the form of this lease. As to insurance of the Landlord for roof and structural faults, sea paragraph tile) above. 13. FIRE AND CASUALTY. PARTIAL DESTRUCTION OF PREMISES. (e) In the want of a Partial destruction or damage of the lowed promises, which is a bm;nass interference. that is, which prevents the conducting of a normal business operation and whichdamage reasonably repairable within sufy 160) days after its occurronca. this ;case shall not terminate but fho rent for the leased promises shall abet." during the lime of such busineu interference. In the avant of partial destruction. Landlord shall repair such damages 111 60 days of IM occurrence unless prevented from so doing by acts of God, the elements, the public enemy. strikes, riots, imorrecf;on, government regulations, city ordinances, labor, malarial or transportation shortages, or other causes beyond Land• lord's reasonable control. (b) ZONING. Should the toning ordinance of the city or munic;r,drty in which this properly is located ni if impossible for Landlord. using diligent and t;moly effort to obtain necessary permits and to topnir and/or rebuild so that Tenant is not able to conduct ;Is business on these premises, then such partial dmlruct on shall be fronted as a trial destruction as in the next paragraph provided. (c) TOTAL DESTRUCTION OF BUSINESS USE. In the event of a destruction or damage of the leased premises Including the Forks. Ing ane (if a parking arse is a pert Of the subject matter of Ibis lease) so that Tenant is not able to conduct its business on the premises or the Then current leggal use for which the premises aro being used and which damages cannot be ropaired within sixty (60) days this lease may ba terminated of the option of either the Landlord or Tenant. Such termination in such event shell be affected by wrillen notice of one party to the other, within twenty (20) days after such destruction. Tenant shall surrender ponestion within len (10) days offer Idol[ dolice issues, and each party shell be released from all future obligations hereunder, Tenant paying rental pro rate only to the date of such destruction. In the event of such feunination of this lease. Landlord at its option, may rebuild or not, according to its awn w;s*les and needs. 14. CONDEMNATION. (a) DISPOSITION OF AWARDS. Should the whole or any part of Iho demised premises be condemned or taken by a competent author;fy for any public ar quas;•publ;c use or purpose, each party shall be entitled to retain, as its own properly, any award payable to it. Or in the event that a single entire award is made on account of the condemnation, each party will then be an. tilled to fair, tach proportion of said award as may be fair and reasonable. (b) DATE OF LEASE TERMINATION. If the whole of the demised promisos shall be so condemned of falan, the Landlord shall not be liable to the Tenant except and as its rights are preserved as in paragraph 11(x) abot j j IS. TERMINATION OF LEASE AND DEFAULTS OF TENANT. (a) TERMINATION UPON EXPIRATION OR UPON NOTICE OF DEFAULTS. This lease shall terminate upon expiration of the domised farm; or if this lease expressly and in writing provides for any option or options, and if any such option is exorcised by the Tenant, then this lease will terminale of the expiration of the option farm or terms. i Upon default in payment of rental herein or upon any other default by Tenant in accordance with the terms and provniom of this lease. T this lease may at The option of the Landlord be cancelled and forfeited, PROVIDED, HOWEVER, before any such cancellation and for. S failure except as provided in IS(b) below, Landlord shell give Tenant a written notice specifying the default, or defaults, and sifting that i this lease will be cancelled and forfeited fen 10 f remedied within such race period. 500 (g) p ) days eller the giving of such notice, unless such default, or defaults, are g p ( pare ra h 22, below, As an add;t;ona optional procedure or as ea allernaUve to the foregoing lend neither exclusive of the other) Landlord may proceed as in paragraph 21, below, provided. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the avant Tenant ;s adjudicated a benirupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason of any bankrupfcy or imolvoncy, proceedings or by other opeteBon of law, but not by death, and such bankruptcy, judicial sale or transfer has not been vacated or set aside within ten 110) days from the giving of notice thereof by Landlord to Tenant, then and in any such events, Landlord may, at its option, immediately terminate this lease, to -enter said premises, upon giving of ten 110) days'wr;Tlen notice by Landlord to Tenant. (c) In 1a) and (b) above, waiver as IO any default shall not constitute a waiver of any subsequent default or defaults. (d) Acceptance of keys, advertising and re•ranfing by the Landlord upon the Tenant's default shall be construed only at an effort to mifi. gala damages by the Landlord, and not as an agreement to terminale this lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. II default shall be made by either party ;n the performance of, or compliance with, any oT the form, covenants or conditions of this loam, and such default shall have continued for thirty (30) days after written notice thereof from one party to the other, the person aggrieved. in addition to allalhor romed;ot now or hereafter provided by law, may, but need not, perform such term, covenant or condition, or make good such default end any amount advanced shall be repaid forfhw;Th on demand, together with interest at the rale of 9 °% pet annum, from data of advance. 17. SIGNS. (a) Tenant shall have the right and privilege Of attaching, affixing, painting or exhibiting signs on the leased premise,, provided only (I) that any and all signs shall comply with the ordinances of the city or municipality in which the properly is located and the laws of the State of Iowa; (2) such signs shall not change fho structure of the building; (3) such signs if and when taken down shall not damage the building; and (1) such signs shall be subjecf to the written approval of the Landlord, which approval shall not be unreasonably withhold. (b) Landlord during the last finely (90) days of this lease, or mfension, shall have the right to maintain in the windows or on the build. ing or on the promises adher or both a "For Rent' or "Fpr Sala" sign and Tenant will permit, a1 such time. prospective tenants or buyers to onto, and womtne the promises. IB. MECHANIC'S LIENS, Neither the Tenant nor anyone claiming 6y, through, or under the Tanen;, shall have the right to file or place any mechen;a's lien or other lion of any kind or character whatsoever, upon said Premises or upon ant building or improvement there. On, or upon the leasehold Interest of the Tenant Ihomin, and notice is hereby given that no contractor, subcontractor. or anyone else who may furnish any malarial, sarvice or labor for any building, improvements. °Iteration, repairs or any part thereof, ,hall at any [;me be or bncomr entitled to any lien thereon, and for the further security of the Landlord, the Tenant covenants and agrees to give actual notice thereof it advance, to any and all contractors and sub•conimctors who may furnish or agree to furnish any such material, service or labor, 19. LANDLORD'S LIEN AND SECURITY INTEREST. (a) Said landlord shall have, in add;Gcn to the lien given by law, a mcur;ly interest as provided by Iho Uniform Commercial Cada of Iowa, upon all personal property and all mbstltutions Ihamfor, lap; and used on said promises by Tenant. Landlord may proceed at Inv. or ;n equity with any remedy provided by law or by this lease for the recovery of rant, or for lermination of this foam because of Tenant's default in its performance. (b) SPOUSE. If spouse is not a Tenant, than the otocut;on of Its is imlrumenl by the spouse shall ba for the sole purpose at arenling a security interest an Personal property and waiving rights of homestead, rights of d;dribuNva share, and exemption,, 70. SUBSTITUTION OF EQUIPMENT, MERCHANDISE, ETC, (a) The Tenant shall have the right, from lime to I;nI during the form Of tLfs lame, or renewal hornet. I. .if ar otherwise dispom of any personal properly of the Tenant situated on the said connived premises, when in the judgment of the Tenant it shall have become obsolete. outworn or uanccossary in connection with the operation of the busineu on said premises; provided, howover, that the Tenant shall, in such instance (unloss no subsMuled article or item is necessary) of its own oxpeme, sobs6fufs for such 'tams of personal property to sold or ofherwbo disposed pt, a naw or other ;lam in substitution thereof, In his or greater value and adopted to the affimd operation of the butinest upon the damised premises. (b) Nolllg herein contained shall be crostmed as denying to fr,nent the right to d;sposo of inventoried marchand;te in the ordinary course O( the Tnnnal's trade or business. ennl'A. M rel M \M Ibr \Int \p 1 rrltll ^ni �.�•,,w..l.... IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 10111ES 11. RIGHTS CUMULATIVE. The various rights. pavers, ,pt;om. elections and moredms of either party, provldad in this lease. shall be construed as cumulative and no one or them as exclusive of the olhon, or occlusive of any rights, remodius or priorities allowed either party by law, and shell in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischargad. 22. NOTICES AND DEMANDS. Notices as provided for In this least shall be given to the respective parties hereto of the rteptctivt addresses designated on page one of this lease unless oilhar party nolifias the other, in writing, of a different address. With. out prejudice to any other method or notifying a party in writing or making a demand or other communication. such manage shell 61 considered given under the forms of this lease when sent, addressed as above designated, Pasteur, prepaid. by registered v cerlifiod mail, return receipt requested, by the United Stale mail and so deposited in a United Stales mail bar. 13. PROVISIONS TO RIND AND /ENEFIT SUCCESSORS, ASSIGNS, ETC. Each and every covenant and agreement hereto con• twined shell edend to and be binding upon the respective successors, heirs, administrators. oxecuton and assigns of the panics hereto; except that it any pert or this lease is hold in joint tenancy, Ilro successor in interest shall be the wrvivinq joint tenant. 14. CHANGES TO 11 IN WRITING. None of the covenants, provisions, term% or cnnd;f;ons of !lis lenso to be fart or performed by Landlord or Tenant shall he in any manner modified. waived or abandoned, except by a written instrument duly signed by the part;,,„red delivered to the Landlord and Tenant. This lease contains the whole agreement of fha parties. 25. RELEASE OF DOWER. Spouse of Landlord, appmws ase Party signafory fo this lease solely for the purpose of releasing dower, or distributive there, unless said spouse is also a co.orrner of an interest in the leased promises. 26. CONSTRUCTION. Words and phrases heroin, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine. faminine or neuter gender according to the context. a. Any improvements made by lessee shall remain at termination of this ziease. b. Tenant shall remove all snow and ice On both Washington and Gilbert Streets for the entire length of the building, and shall also main, tain the parking and lawn on Gilbert Street. IN WITNESS WHIREOP, the parties hereto have duly executed this lease in duplicate the day and year first above wrillan. CITY OF IOWA CITY T;IASHINGTON PARK, INC. / B �� _ �, .fi s • /lilt c. 12. �iloc ,t/ MAYOR$R C GLASGOW, P siders X H ti BY: CITY CLERK�t "� INDIVIDUAL Q� PRANK SOYD, SECRET Y .µW STATE OF ! SS. COUNTY e ee COUNTY OF TENANT f +•^••+• On this day of , 19_, before me, the undersigned, a Notary Public in and for said County and omvri F w.. w. it Slab, personally appeared and i. y to me personally hewn to 6o the identical persons named in and who ewculed the within and forogoing instrument, and Eacknowledged that they executed the fame as their voluntary act and dead. (SEAL) `—-------- _—._. NotaryPublic in and for said County and State CORPORATION. STATE OF Iowa COUNTY OF 06 ySS.1 On this 1 S day of U9U5 A. D. 19 79 before me, the undorsignedd a Notary Public In and for se' Cqupt and Stela, rsonell e Robert .Vevera Abbie St01T115 Y appeared and to me personally kn n wh ya,n b me del sworn, did se Ihef the are the �re. P v ity `�ler�C v r r r u Mayor pa r and respectively, of said corpora ion _mauling the s,w.0 within and foregoing instrument, that ( �$ Mr6>S�rd) corporation; that said instrument was signed (and sealed) on 4. les municipal (the feel of xp the to is the of said) we Xis bohalr or yv p'/orRosationby authority of its 8gle i d (sat the said Robert A. Vevera and Abbi e St01 k; at such officers ecknowledgod the execution of told instrument to be the voluntary act and deed of said wrporaticn by it and by them voluntarily executed. p (SEAL) Marian_ �� F��e —_.. �..1$khOfS_._ ._.._. NotPublic in end wsaid County and Stale FIDUCIARY STATE OF COUNTY OF )SS. On This day of 1 A. D. 19_, before me, the undersigned, a Notary Public in and for said County in said State. personally appeared As Executor of the Estate of . Deceased, to me known to be the identical person named in and who eraculed the foregoing Instrument and acknowledged Ihal_he execufed the same at the voluntary ad and deed of himself and of such fiduciary. (SEAL) •••••--.— ...._. Notary Public in and for sold County and Stab PARTNER STATE OF COUNTY OF SS, On this day of A. D. 19_, before me, the undersigned, n Notnry Puhiic in and far said County and Stale personally appeared and to me personally known, who, being by me duly sworn, did ray that he is (they are) membar(s) of the Partnership aecutiml she within and foregoing Instrument and acknowledged that (hol T)OV S) execulad the same ea the voluntary act end deed of cold co partnar(r) by (him) (them) and 6y said partnership olunlerlly execute , AVA11,01yJ Notary Public in and for said County and Stele For acknowledgment as a corporeie fiduciary see obvorso side of Court Officer Deed (Official Form No. 101). (4) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101 -LIES