HomeMy WebLinkAbout1975-05-20 CorrespondenceToe
1975,
This Agreement made tn2.s day of //%� • 1 `
bv'aacl between the City Of Iowa City, Iowa, hereinafter called City, and the
Hoaorciule Iipbart-OsmundsonI rlrs. Helen osmundson, !•Ir_ Herbert. SIL Ries, .-.
.--ltuth C.'-Strub and-the.:aareham Family -:Trust, :-_-hereinafter called Owners.
•,;�-p,_iS, t:='Citi of. -Iowa -City is amunicipal corporation; duly authorized
and acting -under tha law-; of the State 'oE Iowa, having power granted by the
St: tc ofIawa to enter into agreements', -and - --
y,sc njlAt3, the Hono rt cute P�bert osmundson;-Mrs_ Helen Osmundson,y Mr. -Herbert ,
s •+z Ruth C. Strtib and the Wareham Family Trust are Owners aE the Paul-
.. L to ._ -
H;a =n B,11dirg -located. at 209z`E. Washington Street in`IowaCity, Iowa, and
-- .,Sa.EZAS,-thc.Itonorable Pobert Osnurdson is. the authorized representative
- - o` the-C•,+n.:rs-having-'tha .�:x,:+e=. granted
-by the owners., -to enter into agreement's.
�L_Rs, all parties deem it in the general Apublic i�terest to portray
caA
dsaaiags or scenes from marican history -in relation to _._
9 centennial cele-
---
-bration -of American Independence_
the mutual;covenantsand
NOW, TEffiP�`OPt:, for and in of -
agreements contained herein and the performance thereof the Owners an . d City agree
a _tne following terns,
;covenants, and conditions:
TERMS,COVENANTS--AND CONDITION'S
1 Owners agreeito:iallow 1•Is_ Donna Friedman, Assistant Professor, Design,
School of :Own r Art '''story, University -:of Iowa; under -the - _sponsorship of the
Downtown City Center Association to paint a mural upon the w=_st wall of the ?aulto. Building at -.2094 E. Washington Street, Iowa City, --Iowa.
2_ The term of said agreement shall be for a period Of five (5) years
co.-�encing at May 23, 1975, and ending at May 23, 1980_ City shall have the option
to m rlirat� this_a agree ent lot to 1•IayV 23, 1980, upon written notice to the _
5 oT ��j'3 •te>✓✓r hO17'6'�
Upon to -� meati n�the Lty shall res ore the wall surface to the conditions
immediately prior to the commencement 23 11982, ifethe�CitynanddOwnersition tso agro the ee ��
this agreement may be -,extended to May
o-itnin fifteen (is) clays prior to the termination of this agreement_'
3- city --shail..be.responsible-for maintenance and upkeep of the mural. The
._.Omer -shall -be responsible for all other maintenance of the wall_ _
Each and every term, covenant and agreement herein contained she— to -^-d
s, he
to and be binding upon the respective'successorirsad inistrators, executors
,
..and assigns of the parties --hereto_
....CITY OF IOWA CITY,.. IO•.iA
✓� ,- ;o;corable Itobett Os:mundson
ATTEST:✓Ul�� �l/J'� ZJ
City of Iowa , ty
M RAN'
ME O
DATE: May 20,;1975
TO; John Hayek, City Attorney
FROM: Tony Kushnir, Asst. City Attorney
RE: Bicentennial Mural Lease
John: - '-
Attached please find a lease Thprepared by -me on the request of the
City Manager, ,Neal Berlin. e ne
lease concerns a wall at the corner of
Washington and Dubuque Streets on the _Paul -Helen Building. The City;
_-_ shall use the wall for the purpose of 'painting a mural portraying a
bicentennial celebration theme upon it. The mural will be painted by
-Ms. Donna-_ Friedman,., Assistant Professor at the University of Iowa, _
under the -sponsorship of the Downtown City Center Association. The
Downtown City Center Association will pay for the,:paint,>labor,-insur-
ance`and the like. As a lessee of thepremisesupon which Ms. Friedman
is to be working on, I see some problems of liability on the part of
the City. As lessee, -it may be held responsible for any physical
injuries to the artists while 'engaged in painting that wall. It is my
understanding that there are to be six to eight art students who will
also-be'.involved. In addition, it-is-myunderstanding thatprojects
- of-this-sortwould-involve the -use of`scaffolding which inof-.itself) -`
carries an inherent risk. I guess the question I have is the City's'
involvement in the project in the first place since"it is the Downtown
Association which is footing most of the bill:` The City in this instance
is acting as -a middleman assuming the. risk of -potential -liability -.and
nothing else. I`see 'no reason why the -Downtown Association,, being pretty,
well involved -in this,project in the first place, should not be the
holder of the lease.
Tony __
•
6. Rent:
for the lease of the wall, LESSEE agrees to pay tO
- As consideration
The totalamount of the rent stated herein
LESSOR One (1) Dollar per year-•
is to be to the LESSOR at the time =of signing of_this lease.
prepaid
7.- Termination of Lease:. -
-
This lease shall terminate upon expiration of the demised term, wherein
_
LESSEE shall. -restore the leased premises to the conditions immediately prior,
of this lease, except upon written agreement between
to the commencement
and LESSOR within fifteen (15) days prior to the terminationOf-
--- the LESSEE
the terms„ covenants and conditions of -this ;lease shall be
this lease, that
1982, at which time LESSEE shall
extended to
the leased premises to -the -:condition immediately: prior to the
-
- -- restore
commencement of this lease.
1-
...
-Bind and Benefit Successors, Assigns. _...
- 8•', Provision to etc--:
" ,
term, covenant and agreement herein contained shall
i
Each and every
t <'.
and be binding upon the respective successors, heirs, adminis-
_..:
extend to
trators, executors and assigns of the parties hereto.
1975.
da of
Dated this y
LESSEE _
..
LESSOR
- The City of Iowa City
The Honorable Robert Osmundson
_
By:
7
821-1 7-Z&
6j,
PIZ
Dow wn Iowa City
CITY (,EN cTR ASSOCIA
TION
_ Affiliated with the Iowa City Chamber of 'Commerce
20
May
1975
Mayor Czarnecki and members of the City Council
Civic Center
Iowa City,. -Iowa 52240
Dear Mayor Czarnecki and Councilpersons,
I am in receipt of Mr._Pugh's memorandum to the City Council of May 15,
1975 -regarding our request for the provision of -temporary parking on
ate at least
the corner of Washington and Clinton Streetso °Street reconstruction.
100 Parking spaces
displaced by the=Waugh, of, the
O£ the alternatives presented by Mr. Pugh, it _is the feeling
resurfacing
table o£ the solutions -
City
-Center Association thatthethird alternative, namely
the East hal£ o£>b1 ck_84 would be the most accep
presented.
has endeavored to provide additional parking in the College
Many factors have influenced our opinions on this matter. We are aware
that the City we 'feel that ,in the total -concept of the Urban
are, block Mall and -the accompanying parking
Street lot. However,
Renewal Project, the two squ redient to the success of
ramp, has been and stili remains the key_inest that the Council assist
the project. "Therefore, we chantsepeat in regard
arking.
those remaining downtown mere pt.
regard to p In the not
l conce
Consumers are the
life blood 11 be forced toaaskeour acustomers•;toofcontepae nd
to distant future,
arkin on Dubuque.
with many;=inconveng
niences. We will or loosing the npamajority
plans for the northwest` corner
on Washington, >Future plans call'£or reductions in P g
and College. Old Capitol's-constrlace�a major project between existing
of College and`Dubuque-will soon P
par zing in the College StrWetaYetprepared for and the the di`fficultieswthatwlie
City. As businesspeople, _
are discouraged to the point that they cease to
ahead. However, if our customers are not accomodated throughout this _
process, and if they concept has failed. It should be
come downtown,`ominds of all
econcered
project success
foremost in the minds of all concerned that the overall
've merchants to come in the near future. We conclude that a
depends on the survival of the existing downtown merchants as well as
prospective Will serve this aim•
temporary parking facility_
Sincerely,
Rosalind Moore, President
City Center Association
�j '^MVfACE _ - ! � CIM CE',TiR, <IUE VIAW�lJGTO!15i.. -
Y— a1v,0w sue
- _ �� 'z'i�f i- ^iI//� ��� l✓�L✓��'✓ �/��' a1n��a-few -...
;1
?4" Ito
I•tay 20, 7975
,aGWA qTV Wj - .. .:
--- ..�FeunaW
trtr_ Ray B. Idossman
Rusiness Manager affil. 'i T"+� •: °'r - - - -
:..:_The_University of. Iowa..
114.Jessup Hall
Iowa City, Iowa 522.12 f
r
Re: Transit Lease - - -
.Dear Ray: -.. _.
Attached for y,t�. " zen.t consideration are the following documents-
t
-,.1-_. A cop" n` dated April 30,-1975, from: Mr. rani)_ -J_
Faso •`r. , ,- =[..r 11:;t -`Secretary_ of Labor, to:;r 7 1n3 C.
-. 1'i,- "='ransportati.on Administrator,rr.i-ic1.
owa
- outlines-the..responsibility-oftb lication fore City Of ibussest(Tns03-0015).
-..- lead_ : y...:�•j 1111(1=r the. grant app -.
2• Draft t.r.ur (%,) bt. ,1❑ Agreement to Lease -dated -May 10, 1975_
Some conclusi� -
..:,;a F:. x=}ble after reviewing the letter .from the, Deoart-:
ment of Labor to_U, 4h1t`1 Clearly sets out Iowa City's required acs Masibility
underthegrant_ auplic.,tr.o.1 with regard to Section 13 (c) of tYfe urban indicate
Transportation Ac of_19G1, as amended. In addition, I would like to indicate
by-tnt
his correspondr:nc�.`t1 r tilt: Cityi 75ag1ehereinr and iherindicatese not in tappr�valotal eOfethe
- with Joan Hayek' letter: o. ,•.ay. 1S,- M.ay .14th, 1975_
language previouslF submirtcd by the University on .•icy 7th and
The letter of 1r^11C'° from the Department of'Labis 1s Lead as we
or
ion
originally thought., -a116 J`,eS) yond specific agreements under Sto you 13 (c)
with erlployee-.uniors--._.t. 1-:ould appear that our originaldraft to you (Draft
ot
ith employee
oyeeApriun5, S- i'aragraph B.will now be required by the City with
.3
furtifer.modifica ion as indicated-on.this -new draft to:cover' d conditioployees ns
- ---under
union Stat -Thi! City'. s_responsibility under the. .terms anc7..conditions
_ ;uf the requested federal :SsisLane is clear, and , although we are certainly not
-" --ifappl_'aith-these cc tai` > 1 -Wr ., are, obligated to require -,the Univex sity's
_ asppywion_of same as -a y-=crecuisite to any lease agreement_ In other words,
err(.? b Mr. Ellis on May 5, 1975 . r:: ,0 longer
the proposed amen _,
acceptable.
3. Term. The of the lease shall be for e life of the busses
identified in section 1. of this lease or for the term of twenty (20) years -
-rpm
191 through 19_,-
whichevercomesfirst. -
A. Rent. As consideration for the lease of the equipment, LESSEE
agrees to pay - -
The total amount of the rent stated herein is to be prepaid to the City of
Iowa City with in"15 day s. prior to the date re,pcired for payment by the City of _
Iowa City for all equipment purchased under tine-aforementionedgrant..
5. Property damage and responsibility for loss. LESSEE. agrees.. to assume
full and absolute responsibility for any and all claims or damages resulting
from the maintenance or operation of the leased equipment. Such responsibility
includes, but is not limited to physical damage -to the 'leased equipment and any
other property, all personal injuries, and any and all conserniential and economic
- 1
damages. LESSEE further agrees that if a certificate of insurance is purchased
esponsibilities under this section, said certificate of insur-
to carry out its r -
ance should show coverage specifically for the intanded risk herein identified,
and the language in sentences one (1) and two (2) of this paragraph should be -
ficate which shall be in the rame orthe LESSOR only. Any
typed on the certi;
-policy "or -policies of insurance, purchased for this purpose shall include a
ified of cancellation: or modification of said
provision that the LESSOR be not
insurance at least 30 days prior to the date OJ' said cancellation or modification_ -
The LESSOR shall also be specifically notified -in writing by the LESSEE of each "
renewal of said policy of insurance and he policy ofinsurance shall be infu11
force and effect prior to the first day of the leasing of the busses under this
-- agreement.
6. Maintenance. LESSEE shall be responsible for all maintenance on the
leased eQuipment. The LESSOR shall reserve the right to make periodic inspections
of the equiomentin order to insure that reasonable and proper levels of main- ---
tenance is being carried out as warranted` hereunder_-
7..... -License. LESSEE agrees to provide State of):owa license plates for -- -
.the busses during the term of the lease. LESSOR agrees to provide LESSEE with
a letter of transfer of the busses for the le."•e period for the Dur, of
`.obtaining thestatelicense plates.
a. The LESSEE ,hall agree to be bound by the terms and conditions of
an agger -menu- signed and dated April 17, 1975,
pur-;uan_ to sec-_cn 13(..) of s__
Pr- .�.,t,n �•I n�.i rte, n.•t �,jf IkIr.d .hying, 101, I:ul womfi
il shown an inability .to fulfil(
?: agreements with Iowa City I s
time for., the city council to d
` needs of Iowa City are. I cannot'
a course -of action 1s delermil
z followed simply because it'lu
upDn._Already much cif Iowa Cit
""-+_we rebuild will affect Iowa;City'
1, life style _of its citizens for sevi
y The aim _of. urban renewal o
t cram as many retail outlets as
smallest area -_Why''is this :r
should Iowa City's guiding prin
`most profitable per. square foot,
is the case, by ,doing so the':
downtown area becomes the pro
'corporation'owned almost entir
i people?.A more sensible plan fc
would be,1) W develop t6edc
that as many-cifizens as possible
own their own buildings rather
2> the central area.shoulit be:tie
as a place for,commerce butah
where a homogeneous mixture i
students and laborers can liver
area because it is the center o
be designed so that it is aestb
Why should downtown areas
with the intention that they will
E will have to go instead of plac
trill want togoY Some may SayC
--^wiltbe'more-cosUY'_than shepl
conscious that Penmes an° rmuia],WCIG ,,, zF ---
dey::considered s ndthrifts' Wherc would the'.F.tt� 1esuggestionfOranlmprovedtranadey�
reader rather spend . an �aftemoon' or, shovel is laloo far ktched Ini931lowi City had bus e
visitor /the.btall'Shopping Cenler`or,the,, lelwtnsaday 7beSeiUlexWashingtonex
Acropolis? A `quahtynoG;life, aquality of Lfe :shows that an efficient, tawcastaransit s
should tie1. the_aI of urban renewal:: " � icon vitalime a central area of !mall shop!
r Aiz la Chapelle{ GermanMethe`city of busuiesseeprovideparki°B toatheir. cost(
Charlemagne's'eathederal, has adopted a plank why srenl buss`tokens prov►ded+ l( th
for_ urbin renewal whjch'seemsrapplicible �lo council fs"`really pro mass trinsit, why,ft
IowaCltyarchilectsandlindscapers'scrutimzed; converttAe lots}tor: city einployeest ass
io, . riz ;A..Q-raII design oUtheiarea to . e_, .Ots jWhy";..aren't there monthlY.tats pass
e -- s
the
are apartment building
irban renewal ' '
possible modifications JWhy shouldn t non , a: , ,. r £ ve
town area isot eommerciat property owners have a say in how,' I am'tiottoppoeed_ to�Ojd,GpitotIrve'
wldbe able to Iowa City will look? We at( walk its streets we •.�Whatev_er the course Iowa;ciiy takes I e
anbe'rentErs for those streets. --i will . . m these this:co�poration!todbe�involved intthe t
tOpCdnat.onlyuilRay= s, z- t ,
stores Why�shouldn twe_ have a partial say in` struction of Iowa Ciohnne ictal businesses
in under
'or 117%allon, , {.haw the stares witl IookT'In a`very real sense we_!Uiat by forcing alt commensal businesses i
emorcilizens7faz tbemi tat tl A(. . I i, zi{: •i downtown area to be renters into perpetui
the downtown
I;.,. Care paying_
i city One central question is. } does Iowa City need_ will not savhg�moceY cru "
should ;•-
apypleacing another large_ departmentstare?OfthisImnot� The rental coatwi0otnecessity tenth
j xconvmced In the peripheral areas`o[ the city we. of each good sold in the area ;.What is the u
ays be rebmlt already have'a Sears, a K htart'and a Wards" saving one and pv year tar 30 yetlrs H in dr
pieces iwhere-r Ori! argument for the construction of a mall area we create a surplus cost of.10 per cent`ta
whce people = is that Uiis will allow the construction o[ a 1000 �nity� Why should _;the downtown area l
thialastpoint unit p,rk,rglta�,ty.' wny ?ve a smaller; r]osedp<Rhats wrung with`aa opm Pit
bvfldmB» parking aiea_ and improve the trarstt sysfem2= Mmareafe+or ati ttutdoor ' i fora
�......,•-..,:si,e - '.Whv not have direct: buses to�the.Townerest' the sun:. some stores, would: be, inter-com
` �;` RE EiVcG��' 197p TRLGPIkoNEL 293-7300
_:_--.• - _- •- (AREA CODE 202)
UNITED STATES CONFERENCE OF MAYORS
1 6 2 0- E Y II S T R E E T.,- N O R T H W..E S T
WASHINGTON,.. D. C.-20006-
Pmd•v May 2, 1975
J«EPH L Aklllrp
Mq of sn Fnrc xo
MUrIN )aND"Itll _
The Honorable Edgar Czarnecki
RICNAPD J. Du.n'
Mayor -
xt• . aa -0, 410 East -Washington
fir -SKY W.MAII"
'.. M.IrRdW.nAR Iowa City, Iowa -52240 -
JACKD.MALTMER -
Tn w.r. Dear Mayor:
C BEYEPLY Bul Er
" dN.d,dk - Two weeks ago I attended: the biennial world congress -of the -
J. PALMER GAILLAPD, JR - - -
M .dcRH sc International Union of Local Authorities (IULA) in Teheran,
°"" oA�G.: Iran. The IULA is aworld'' conference' of mayors or league of
RwHARD G. Henur,
- - 'ties. Some - 30 -other -American local government re resents-
c-
a9LLleMH.M VILeb s tives'and Their spouses were also 'there We had a great
AI•lvd Dm•n -
uRL«RDME.dBARcnD opportunity to become acquainted with our counterparts from
—
WEaLEYcmILM.AN __many other countries, to trade ideas and points: of view, and .
%G, dSeek to. :learn ways of handling local' problems. I".came away im-
AM"of pressed with the value of IULA`as an organization' dedicated
MmB..e to -the -promotion: of cooperation' and consultation among :local
- KEN+En1 A, GiR1oN. CAa++.n governments' throughout the World. - -
LEE ALEKANDI.
APMRAG..IIAM ,..a.m BRA4! A list of Americancities that have been`. supporting-`IULA -
NIvMNv Yuk :during-..the,ipast...few_ years is enclosed ':The -.Conference -of
ROKERT n BLAr KWELL
J&'. of u+KwMrrk - -.Mayors-and the_National--League. of Cities have long been
' JMIN J. nVCKI tY
M•,ad�.M... active in IULA, and many of the other national public in-
DDRM A. DAYIk
terest associations are also -members. This year the U. S.
Pr1ruF-Fuamxv Department of HUD -is joining for the first time. All these
WardP ,Fh
B.A..Owvm F. G... t.A U. S. cities and organizations : together form the U. S. Sec- _
-:-'WILLIAM S. HART:SR: tion of IULA, which collects the membership fees and trans- _.-.
_-_ M.sdEa. 0,.n, - mita them to IULA's headquarters at The: Hague, -Netherlands.
AIAYNAPDJACKv1N -.
-
MgvdO.anprr An invoice is enclosed for your city's membership. -Members -
-- PA cEELT NG
receive all IULA` ublications, including its monthly
news-
BEN H. LmIA letter, -bimonthly g biblio raPh 'y- of new publications in all
Rl.,mdRi.mde. ....
RialARD G. LUGAR fields of local government` worldwide,semi-annual journal,
Mqv d Wmn,pIn - -- -
Lf .,CMDRPIIY proceedings of the various IULA conferences and seminars,.
nd special reports
-a . -
P.A_nl J. P[KK.. -
Sincerely,
GEIRGE Af $UI FR.J
HANSG R
TANII fP,J
-
IAx HaJ-Tn.un
Al.p. d br -
__--Tn.0 WIL.a
Joseph L. Alioto
- PETF. WIL.ON -
President
W" WISE
E..u...Dw......- Enclosures
(over)
NLA Members in the United St1 -s,
1971-1974
Alabama
Connecticut
Kentucky
Florence
" Bridgeport
Henderson
Fairfield
Alaska
Manchester
Louisiana
Anchorage
Alexandria
Fairbanks _
- -= Delaware
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Dover
Monroe
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Seaford
New Orleans
'Glendale
Mesa
District of -Columbia
Maine'°
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Washington
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Tempe
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St. 'Petersburg
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Malden
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Atlanta
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Macon
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Warner Robins
Michigan
Costa Mesa-
Bay City
Fresno "
Hawaii
Detroit
Gardena
Wailuku Maui
Grand Rapids
Garden Grove
-
Highland Park
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Oak.Park
Hawthorne
- - Arlington Heights
Port Huron
- Huntington Beach
Champaign-
Saginaw
Inglewood -
Chicago Heights
Taylor
Orange
Granite City
--
---- ---------
Palo
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St. Cloud
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San Jose
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East Chicago
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Hattiesburg ;
South San Francisco
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Colorado
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Boulder
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Fort Collins
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Greeley
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7 Grand island
(over)