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HomeMy WebLinkAbout2003-02-04 Resolution RESOLUTION NO. 03-36 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 ordin_ances~ and having a valid beer, liquor, or wine license/permit, to wit: R.T's -- 826 S. Clinton Street It's Brothers Bar & Grill -- 125 S. Dubuque Street Malone's Irish Pub -- 121 Iowa Avenue It was moved by Champion and seconded by 0'Donnell that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X __ Champion X Kanner X Lehman X __ O'Donnell X __ Pfab X __ Vanderhoef X Wilburn Passed and approved this 4th day of~L~_~ y 0~...~ ~ MAYOR rove~.~d.~y. CIT~'mCLERK City Attorney's Office clerk\res\d anceprm.doc Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240, (319)356-5142 RESOLUTION NO. 03-37 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2003 HANDRAIL REPLACEMENT PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public headng on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18TM day of February, 2003, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for 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 said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 4th . day of Fe_~E~J~_~ ~, 20 03 ~ MAYOR Approved by It was moved by Champ'ion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X Champion ----)(--- Kanner Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum pweng~res~OO3hand raiJset ph.doc Prepared by: Ross Spitz, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5149 RESOLUTION NO. 03-38 RESOLUTION SE'FrlNG A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE MORMON TREK BOULEVARD EXTENSION PROJECT, DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECTING THE CITY ENGINEER TO PLACE SAID PLANS ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-mentioned project is to be held on the 18TM day of February, 2003, at 7:00 p.m. in the Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for 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 said hearing. 3. That the copy of the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. Passed and approved this 4th day of February ,20 03 'M' "- ~t~'~ty Attorney's Office pweng\res'~ nomonext~etph.doc Resolution No. 03-38 Page 2 It was moved by Champion and seconded by f)'Donnel 1 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner -X' Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 03-39 RESOLUTION SETTING A PUBLIC HEARING FOR FEBRUARY 18, 2003 ON AN ORDINANCE AMENDING TITLE 3 ENTITLED "CITY FINANCES, TAXATION & FEES," CHAPTER 4 ENTITLED "SCHEDULE OF FEES, RATES, CHARGES, BONDS, FINES AND PENALTIES" OF THE CITY CODE TO DECREASE OR CHANGE THE RATES FOR FEES AND CHARGES FOR WATER SERVICE CHARGES. WHEREAS, water rates, which were last increased in 2000, have generated revenues to pay the costs of operation, maintenance, necessary expansion and debt service for the City's potable water supply and system treatment; and WHEREAS, the bad for construction of the new water supply and treatment facility and distribution system was mess than projected; and WHEREAS, the present water rates will result in unnecessarily large reserves compared to actual costs of operating the City of Iowa City water supply and treatment system; and WHEREAS, the Iowa City City Council proposes to decrease water user fees by 5% for billing on or after July 1, 2003 to adequately finance the City's water supply and treatment facility and distribution system; and WHEREAS, the City Code requires that notice and public headng on proposed changes in rates for fees and charges for City utilities be provided to the public, prior to enactment of said rates for fees and charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1, A public hearing is hereby set for 7:00 p.m. on February 18, 2003, to be held in the Civic Center Council Chambers, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk, to permit public input on the proposed rate increases, decreases, or changes for fees and charges for water service changes. 2. The City Clerk is hereby authorized and directed to publish notice of said hearing in accordance with State law. Passed and approved this 4th day of February ,2003. Approved by cITY C-~-'ERK ' C~y Attorney's Office finadm~res\water.doc Resolution No. 03-39 Page 2 It was moved by Champion and seconded by 0' Donnel ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Stephanie Hubler, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5400 RESOLUTION NO. 03-41 RESOLUTION SE'I-rING A PUBLIC HEARING ON THE IOWA CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN, AND DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING. WHEREAS, the City Council of the City of Iowa City functions as the iowa City Housing Authority and the Department of Housing and Urban Development requires adoption of an updated Annual Plan; and WHEREAS, the Annual Plan provides details about the agency's immediate operations, program participants, programs and services, and the agency's strategy for handling operational concerns, residents' concerns and needs, programs and services for the upcoming fiscal year NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That a public hearing on the above mentioned Annual Plan is to be held on the 8th day of April, 2003, at 7:00 p.m. in the Emma Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby authorized and directed to publish notice of the public headng for the above-named proposal in a newspaper published at least once weekly and having a general circulation in the City, in accordance with all applicable laws. Passed and approved this 4th dayof February' ,20. 03 . ATTEST:'~'..~-~_~ ?~M. ~ Appro~~)~ *-~-0.~ CITY'CLERK City Attorney's Office It was moved by Champion and seconded by 0' Donne]] the Resolution be adopted, and upon roll call thera were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Stephanie HuLler. 410 E. Washington St.. Iowa City, IA (319) 356-5400 RESOLUTION NO. RESOLUTION SE'ri'lNG A PUBLIC HEARING ON THI CITY HOUSING AUTHORITY'S UPDATED ANNUAL PLAN, AND CITY CLERK TO  LISH NOTICE OF SAID HEARING. WHEREAS, th~ City Council of the City of Iowa City rune ,ns as the Iowa City Housing Authority and the Departh~nt of Housing and Urban D~ ~er~ ~quires adoption of an updated Annual Plan;and ~ / , WHEREAS, the Annu"a~ Plan provides details he age~ncy s immediate operations, program padicipants, programs a'~d services, and the ~ ~ stral ~gy for handling operational concerns, residents' concerns and n~.ds, programs and s for ! '~e upcoming fiscal year NOW, THEREFORE, BE IT"~ESOLVED CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. That a public hearing .,ntioned Annual Plan is to be held on the 8*h day of April, 2003, at 7:00 p.m. in Harvat Hall, Civic Center, Iowa City, Iowa, or if said meeting is cancelled, at meeting of the City Council thereafter as posted by the City Clerk. 2. The City Clerk is hereby directed to publish notice of the public hearing for the above-named proposal a news ;hed at once weekly and having a general circulation in the City, than ~) nor more than twenty (20) days before said hearing. / Passed and approved this ~ day of ., 20 MAYOR ATTEST:cITY CLE Ci' Office It was moved by / and seconded by the Resolution be adopted, and upon/roll call there were: / A,//YES: NAYS: ABSENT:champion Kanner Lehman O'Donnetl Pfab Vanderhoef Wilburn Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City IA 52240 (319)356-5053 RESOLUTION NO. 03-42 RESOLUTION SETTING A PUBLIC HEARING TO DISCUSS THE PROPOSED OPERATING BUDGET FOR THE FISCAL YEAR JULY 1, 2003, THROUGH JUNE 30, 2004, THE PROPOSED THREE-YEAR FINANCIAL PLAN, AND ALSO THE MULTI-YEAR CAPITAL IMPROVEMENTS PROGRAM THROUGH FISCAL YEAR 2007. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that public hearings be held in the Civic Center at 7:00 p.m., February 18, 2003, to permit any taxpayer to be heard for or against the proposed FY2004 Operating Budget and the Proposed FY2004-FY2006 Financial Plan and also the multi-year Capital Improvements Program through Fiscal Year 2007. Passed and approved this 4th dayof Februa~',y ,2003. MAYO R Approved by CITY'~L-_ERK City Attorney's Office It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell × Pfab X Vanderhoef X Wilburn flnadm\budget~pubhrg doc Prepared by: Ron Knoche, Sr. Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO, 03-43 RESOLUTION ACCEPTING THE WORK FOR THE CAPTAIN IRISH PARKWAY EXTENSION (PHASE II) AND FIRST AVENUE EXTENSION PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of the Captain Irish Parkway Extension (Phase II) and First Avenue Extension Project, as included in a contract between the City of Iowa City and Tab Construction of Davenport, Iowa, dated May 29, 2001, be accepted; and WHEREAS, the Engineer's Report and the pert'ormance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $1,657,845.37. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of Februar~v ,20 03 Approved by CITY'CLERK ' c~t~ Attomey's Office It was moved by Champion and seconded by 0' Donne] ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell )(. Pfab × Vanderhoef X Wilburn pweng'~es\lstcaptid sh.doc Prepared by: Janet Lower, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5145 RESOLUTION NO. 03-44 RESOLUTION ACCEPTING THE WORK FOR THE NORTHSIDE MARKETPLACE STREETSCAPE PROJECT, PHASE I. WHEREAS, the Engineering Division has recommended that the work for construction of the Northside Market Place Streetscape Project, Phase I, as included in a contract between the City of Iowa City and All American Concrete, Inc. of West Liberty, Iowa, dated June 17, 2002, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $332,463.63. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th dayof February ,20.03 Approved by CIT'Y'""C LE R K 6t~'~t"y ~t~"o r ~ e/s Office it was moved by Champion and seconded by 0' Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn pweng~'es\nsidemktpl.doc 4e Prepared by: Denny Gannon, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5142 RESOLUTION NO, 03-45 RESOLUTION ACCEPTING THE WORK FOR THE FY02 BRIDGE MAINTENANCE PROJECT WHEREAS, the Engineering Division has recommended that the work for construction of. the FY02 Bridge Maintenance Project as included in a contract between the City of Iowa City and Equity Contracting, Inc. of.Adel, Iowa, dated May 13, 2002, be accepted; and WHEREAS, the Engineer's Report and the performance and payment bond has been filed in the City Clerk's office; and WHEREAS, the final contract price is $43,740.49. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT said improvements are hereby accepted by the City of Iowa City, Iowa. Passed and approved this 4th day of' Februar ,20 03 MAYOR Approved by CITY'CLERK Ci(y',~tt~ r~e'y's ~)ffice-- It was moved by Champion and seconded by O'Donnell the Resolution be adopted, and upon roll cell there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Liz Osborne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 03-46 · RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1835 FAIR MEADOWS BOULEVARD, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of two Mortgages in the total amount of $17,000, executed by the owners of the property on January 8 and 9, 1998, and recorded on January 23, 1998, in Book 2409, Page 152 through Page 156, and in Book 2409, Page 157 through Page 161 in the Johnson County Recorder's Office covering the following described real estate: Lot 15, Block 2, Fair Meadows Addition, First Unit, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to a first real estate mortgage to American Federal Savings & Loan Association of Central Iowa dated February 20, 1979 and recorded February 22, 1979 in Book 267, page 118, Mortgage Records of the Johnson County Recorder's Office. WHEREAS, University of Iowa Community Credit Union, is refinancing a first mortgage in the amount of $95,000 to the owner of 1835 Fair Meadows Boulevard and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the mortgages held by the City be subordinated to the loan of University of Iowa Community Credit Union, secured by the proposed mortgage in order to induce University of Iowa Community Credit Union, to make such a loan; and WHEREAS, University of Iowa Community Credit Union, has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with University of Iowa Community Credit Union; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien, which is the City's original position· NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and University of Iowa Community Credit Union, Iowa City, Iowa. Passed and approved this 4th dayof Februar.y ,20 03 Approved by ATTEST: ~'~¢.¢,,..~.~.~ '~. Z~4.4~ ~¢.~...~;~ t' ~-0.~ ClTY'OLERK City Attorney's Office ppd rehab/res/183§FairMead-subord.doc Resolution No. 03-46 Page 2 It was moved by Champi on and seconded by 0' Donnel 1 the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and ~ln4vera4tv of ~.o~ra eoe~ufiit~ Credit I/nion of . ~.mra C~.t¥ , herein the Financial Institution. ,. WHEREAS, the City is the owner and holder of a certain )Jori:gases which at this time is in the amount of $ ]7.000 and were execut~ by Earl Si:even & ['Jta ~R. ~Jr.e'r (herein the Owner), dated Januat"7 9, 1998 , recorded .Ta.ua~ 23,1QQR , , in Book 2409 , Page152__ through ~s~., and dated ,Ta~uarv 8,,1qq8 , , recorded .Za~u~ry 23, lqq8 , , in Book2609 , Page 157 throught61 Johnson County Recorder's Office, covering the following described real properly: Lot 15, Block 2, Fair Meadows Addition, First Unit, Iowa City, Johnson County, Iowa, according to the recorded plat thereof, subject to a first real estate mortgage to American Federal Savings & Loan'Association of Central Iowa dated February 20, 1979 and recorded February 22, 1979 in Book 267, page 118, Mortgage Records of the ~ohnson County Recorder's Office. WHEREAS, the Financial Institution proposes to loan the sum of $ 9.5.ooo.oo on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covedng the real property described above; and WHEREAS, to induce the Financial Instit[Jtion to make such loan, it is necessary that the l~nrt~-~ held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the padies hereto, the parties agree as follows: 1. Subordination, The City hereby covenants and agrees with the Financial Institution that the above noted l~ort~ages held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration, The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT Page 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the t4o'rt§a§es of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 4th day of Fehruary ,20 03 Mayor ~ldorp Attest: L2n~er City C'l'erk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) this fi' +~' day of ~-EE,~4~-), , 20_~._, before me, the undersigned, a On Notary Public in and for the State of Iowa, personally appeared ~-~e~u~s'r' G). L~.W~¥/A/0 and Madan K. Kan', to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in ((;~-di~'tam~) (Resolution) No. ~3~ 4-& passed (the Resolution adopted) by. the City Council, under Roll Call No. '_ _ of the City Council on the ~-~ day of ~..~¢~.¥ , 20 o3 , and that ~_~u~r' L~, L£#~A/J and Marian K. Kar{ acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. so.o. Fo.T "1 F~BL"I MyCommisslenERfl~es I I'~-I ~-¢-o6 ,j Notary Public in and for the State of Iowa SUBORDINATION AGREEMENT Page 3 STATE OF iOWA ) ) SS: JOHNSON COUNTY ) , A.D. 20 O3 , before me, the On this 15rh day of undersigned, a Notary Public in and for the State of Iowa, personally appeared David VanD. m~eldorp and l.ane T.~fl ¢'r , to me persdfially known, who being by me duly sworn, did say that they are the V~,-,~ Pre~d,~.t and Mortgage Loan Officer , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said David VanDusseldorp and Lane Lafler as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ~'A~.~ Commis~o~ Num~a~' 714~751 r,,~l MyCem_~O~q3ire~ ~otary Public ir~and for the State of Io,~ Prepared by: Liz Osbourne, PCD, 410 E, Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO, 03-47 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND IOWA STATE BANK AND TRUST, IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1904 HANNAH JO COURT, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $48,000, executed by Greater Iowa City Housing Fellowship (GICHF) on August 23, 1996, and recorded on December 20, 1996, in Book 2202, Page 156 through Page 160 in the Johnson County Recorder's Office covering the following described real estate: Lot 13 of Village Green South, Part 3A, Johnson County and Lot 20, Village Green South, Part 3B, Johnson County WHEREAS, Iowa State Bank and Trust is refinancing a first mortgage in the amount of $71,550 to the owners of 1904 Hannah Jo Court and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, although said mortgage covers the above real estate, Iowa State Bank and Trust is refinancing a mortgage on only said Lot 20; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the loan of Iowa State Bank and Trust, secured by the proposed mortgage in order to induce Iowa State Bank and Trust, to make such a loan; and WHEREAS', Iowa State Bank and Trust has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said mortgage with Iowa Stat~ Bank and Trust; and WHEREAS, there is sufficient value in said Lot 20 to secure the City lien as a second lien,. which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Iowa State Bank and Trust, Iowa City, Iowa. Passed and approved this, . 4th day of Febr_E~.~L~ __ .~, 20 03 Approved by ATTEST: )~r,4~.~..~.-;' '/f'~'..~¢~-~ ~J;~~ CITY C'TEERK City Attorney's Office Resolution No. 03-47 Page 2 It was moved by Champi on and seconded by 0' Donnel 1 the Resolution be adopted, and upon mil call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X . Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Iowa State Bank & Trust of Iowa City~ Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain Mortgage which at this time is in the amount of $48,000, and was executed by Greater Iowa City Housing Fellowship (herein the Owner), dated August 23, 1996, recorded December 20, 1996, in Book 2202, Page 156 through Page 160, Johnson County Recorder's Office, covering the following described real property: Lot 20 of Village Green South, Part 3B, Johnson County WHEREAS, the Financial Institution proposes to loan the sum of $71,550 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortga.qe held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mort.qaqe held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortqage of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 21 day of .Januar~F ,2003. CITY OF IOWA CITY FINANCIAL INSTITUTION Attest: B~~ ~_ ' - . S~ar~end~, Senior Vice President City"C-lerk CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~ ,,4, day of ~P_.g,~u~,~v ,20 ~,~ , before me, the undersigned, a Notary Public in and for the State of Iowa,~ersonally appeared E,e.~,~-r'/,~. /...e.~,~A,d and Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (~) (Resolution) No. 05--.,f-7 passed (the Resolution adopted) by the City Council, under Roll Call No. ~ ----~ of the City Council on the ~.',"A dayof "f"~:,'~.~4~,,~ ,20 ~.~ ,and that ~._g,~z~.~/- t.,). L~:,q,,4~J and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ,,;.SONDRAE FORT ~ My Commission. F. xpires I 3- '7- o b .I Notary Public in and for the State of Iowa STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 21st day of January , A.D. 2003 , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Pe~2~' J. ])oer~e and Duane L. b-~artzendz'~ber , to me personally known, who being by me duly sworn, did say that they are the Vice President and Senior Vice Pre~&ent . respectively, of said corporation executing the within and foregoing instrument to which this is attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Vice P~:eS~L~.eat & Sr. Vice ~'residnet: as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of ~wa Prepared by: Liz Osbourne, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5245 RESOLUTION NO. 03-48 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NATIONWIDE ADVANTAGE MORTGAGE COMPANY, WEST DES MOINES, IOWA FOR PROPERTY LOCATED AT 1562 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of a Mortgage in the total amount of $61,400, executed by the owner of the property on February 12, 1998, and recorded on February 27, 1998, in Book 2429, Page 221 through Page 224, in the Johnson County Recorder's Office covering the following described real estate: Lots #86, #93, and 101, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa WHEREAS, Nationwide Advantage Mortgage Company is refinancing a first mortgage in the amount of $76,500 to the owners of 1562 Dickenson Lane and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, although said mortgage covers the above real estate, Nationwide Advantage Mortgage Company is refinancing a mortgage on only said Lot 86; and WHEREAS, it is necessary that the mortgage held by the City be subordinated to the loan of Nationwide Advantage Mortgage Company, secured by the proposed mortgage in order to induce Nationwide Advantage Mortgage Company, to make such a loan; and WHEREAS, Nationwide Advantage Mortgage Company has requested that the City execute the attached subordination agreement thereby making the City's lien subordinate to the lien of said modgage with Nationwide Advantage Mortgage Company; and WHEREAS, there is sufficient value in said Lot 86 to secure the City lien as a second lien, which is the City's original position. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the subordination agreement between the City of Iowa City and Nationwide Advantage Mortgage Company, West Des Moines, Iowa. Passed and approved this 4th day of F b ,20 03 . Approved by CITY'Z~LERK City Attorney's Office Resolution No. 03-48 Page, 2 It was moved by Champion and seconded by 0' Donne11 the Resolution be adopted, and upon roll call thero were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City, herein the City, and Nationwide Advantaqe Mortqa,qe Company of West Des Moines, Iowa, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain MortqaRe which at this time is in the amount of $61,400, and was executed by Greater Iowa City Housin.q Fellowship (GHICF) (herein the Owner), dated February 12, 1998, recorded February 27, 1998, in Book 2429, Page 221 through Page 224, Johnson County Recorder's Office, covering the following described real property: Lot 86, South Pointe Addition, Part 5, Iowa City, iowa, according to the plat thereof recorded in Book 33, Page 312, and Plat Records of Johnson County, Iowa. WHEREAS, the Financial Institution proposes to loan the sum of $76,500 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Mortc~a~le held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted Mort,qa,cle held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien superior to the Mortqaqe of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this 4th day of February ,2003. CITY OF IOWA CITY FINANCIAL iNSTITUTION By~~--~By ~Rom~inC~eF/]9-6-~ --/ G~ecl L Palas Attest: / City Clerk CITY ACKNOWLEDGEMENT STATE OF IOWA ) )SS. JOHNSON COUNTY) On this ,it ~/l__ day of ~-6~¢,,~y , 2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared '5,~t,~- tO. t~:~M~,a/ and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance) sealed on behalf of the corporation, by authority of its City Council, as contained in (Or~in~--'~r) (Resolution)' No. o~ ~4 [~ passed (the Resolution adopted)+k by the City Council, under Roll Call No. --------- of the City Council on the ~- day of "~-~-~eu~R¥ ,20./)__3 , and that tca~Q-- tO, L--644t4¥q~ and Marian K. Kafr acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ~.,~.l SONORAE FORT I Commlss~n Number 159791] I ¢-o 4 Notary Public In And For the State of lowa STATE OF IOWA ) )SS; Polk COUNTY ) On this 24th day of January , A.D. 2003, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Karen K Romine and Greg L Palas , to me personally known, who being by me duly sworn, did say that they are the Associate Vice President of Operation, Assistant Secretary and Associate Vice President of Production, Assistant Secretary , respectively, of said corporation executing the within and foregoing instrument to which this attached, that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said and Nationwide Advantage Mortgage Company as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Prepared by: Susan Dulek, 410 E. Washington St., Iowa City, IA 52240-319-356-5030 RESOLUTION NO. 03-49 RESOLUTION APPROVING RESTRICTIONS AND COVENANTS FOR NORTH AIRPORT DEVELOPMENT SUBDIVISION AND NORTH AIRPORT DEVELOPMENT SUBDIVISION PART TWO, A RESUBDIVISION OF LOTS 1-4 OF NORTH AIRPORT DEVELOPMENT SUBDIVISION, A/K/A AVIATION COMMERCE PARK AND THE NORTH COMMERCIAL AREA. WHEREAS, the City is the owner of North Airport Development Subdivision and North Airport Development Subdivision Part Two, A Resubdivision of Lots 1-4 of North Airport Development Subdivision, a/k/a Aviation Commerce Park and the North Commercial Area; and WHEREAS, the Federal Aviation Administration, in a notice dated January 16, 2003, has "released" lots 1-17 in said subdivision allowing the City to sell said lots; and WHEREAS, the City intends to offer said lots for sale; and WHEREAS, as owner of said subdivision, the City has the right to impose certain restrictions and covenants on the use of the land; and WHEREAS, it is in the best interest of the public to impose certain restrictions and covenants on future lot owners to address concerns specific to the airport as well as other concerns including aesthetics; and WHEREAS, attached, marked Exhibit A, and incorporated herein is a set of restrictions and covenants that the Airport Commission approved in substantially the same form at its meeting on January 9, 2003; and WHEREAS, said restrictions and covenants are in the public interest and advance the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. ExhibitAis adopted. · 2. The Mayor is authorized to sign and the City Clerk to attest the attached Restrictions and Covenants. 3. The City Clerk is further authorized to certify a copy of this Resolution and to record the same with said Restrictions and Covenants at the office of the Johnson County Recorder at the City's expense. Passed and approved this 4t, h day o~ ^OR CITY'CLERK City Attorney's Office Resolution No. 03-49 Page 2 It was moved by Champi on and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum EXHIBIT "A" North Airport Development Subdivision and North Airport Development Subdivision Part Two, a Resubdivision of Lots 1-4 of North Airport Development Subdivision Declaration of Restrictions and Covenants The undersigned, City of Iowa City, Iowa, a municipal corporation, being the Developer and Owner in fee ("Developer") of North Airport Development Subdivision and North Airport Development Subdivision Part Two, A Resubdivision of Lots 1-4 of North Airport Development Subdivision ("Subdivision") located in Iowa City, Johnson County, Iowa, the final plat for the Subdivision being recorded in Book 45, Page 91, in the office of the County Recorder of Johnson County, Iowa, for the mutual benefit of those persons who may purchase any of the lots in the Subdivision ("Lot") now owned by the Developer, hereby imposes the following protective Covenants and Restrictions on each lot in the Subdivision, which shall be binding upon all the present and future owners of each lot ("Lot Owner") as covenants running with the land and with such force and effect as if contained in each subsequent conveyance of land. 1, Use. A. Prohibited Uses. No use of the Subdivision or any lots shall be permitted which is offensive by reason of odor, fumes, dust, smoke, noise, or other pollution, nor shall any use be permitted which is hazardous by reason of excessive danger of fire or explosion, which may be injurious to any property or persons on or about the Subdivision or that is in violation of the applicable laws or regulations of any governmental authority. For purposes of these restrictions, any odor which is noticeable at the lot line and any dust, smoke or other airborne pollutants visible outside of a building shall be considered offensive. Any noise shall be considered offensive if audible above 60 decibels (d.b.a.) at the lot line. Any use that affects proposed navigational aids is prohibited. No adult business, as presently defined in Iowa City City Code section 14-6B-2, is permitted. B. Hazardous Materials. 1. No "hazardous substance," as defined in Iowa Code section 455B.411 (2001), may be stored, located, or contained on the Lot. 2. Petroleum products and their byproducts for personal or business use may be stored or present if said substances are contained in approved containers. 3. Lot owners shall handle, use, store and dispose of fuel petroleum products and all other non-"hazardous substances" owned or used by it on the Lot in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm Declaration of Restrictive Covenants Page 2 sewers. Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Lot Owner, the Lot Owner shall be responsible for the clean up, containment and otherwise abatement of such contamination at Lot Owner's sole cost and expense. Further, Lot Owner shall notify the City of Iowa City and other appropriate governmental agencies of such occurrence immediately. Should Lot Owner fail to do so, the Developer may take any reasonable and appropriate action in the Lot Owner's stead. The cost of such remedial action by the Developer shall be paid by the Lot Owner. C. Nuisances. No act constituting a nuisance as defined under the provision of Iowa Code Chapter 657, as amended, City of Iowa City ("City") ordinance, or the common law of Iowa shall be permitted. 2. Airspace Study. Final plans and specifications submitted to the Housing and Inspection Services Department of the City of Iowa City shall include a Federal Aviation Administration ("FAA") approved Form 7460-1 Notice of Proposed Construction and Alteration ("Airspace Study"). Every Airspace Study submitted to the FAA shall contain the following request: This Airspace Study needs to be reviewed as to its effect on proposed navigational aids. Any use that affects proposed navigational aids is prohibited. 3. Right of Flight Reserved. A. The City of Iowa City reserves and excepts to itself, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the real property herein described, including the right to cause in such airspace any noise inherent in the operation of any aircraft used for navigation or flight through such airspace for landing at or taking off from or maneuvering in the vicinity of the Iowa City Municipal Airport. B. No use of the subject property shall interfere with landing at or taking off of aircraft at the Iowa City Municipal Airport, or otherwise constitute an airport hazard. C. The height of structures, objects of natural growth, and other obstructions shall be restricted to a height of not more than 688 feet above sea level (AMSL) or other height as determined by an FAA airspace review under 14 C.F.R. Part 77. FAA Form 7460-1, "Notice of Proposed Construction or Alteration" is to be submitted to the FAA and an unobjectionable determination received prior to commencement of construction, as provided in Paragraph 2 above. 4. Construction Time Line. Within two (2) years of purchasing a Lot from the Developer, the Lot Owner shall have obtained a building permit from the City of Iowa City. Within two (2) years of obtaining said building permit, the Lot Owner shall have expended ninety percent (90%) of the amount listed for the "Total Value of Project" on said building permit. 5. Parking. All parking areas and service drives shall be dust free, hard-surface with a concrete curb and gutter. No use shall be made of the lot or building constructed thereon which requires or is reasonably expected to require or attract parking in excess of the parking facilities of such lot. Parking will not be permitted on the lot except in paved parking areas designed for Declaration of Restrictive Covenants Page 3 parking. Lot Owners shall enforce all fire lane and any other "no parking" restrictions on paved areas within their Lot as required by the applicable fire safety authorities. 6. Landscaping. No tree whose height will exceed thirty-five (35) feet shall be planted. Once an initial landscaping plan is approved by the City of Iowa City, it shall be completed by Lot Owner no later than 30 days after a certificate of occupancy is issued for the building(s) on the lot, weather permitting. If the Lot Owner informs the Developer in writing within 30 days of issuance of the certificate of occupancy that weather will not permit the completion of landscaping, the Developer will provide the Lot Owner with an alternate deadline by which to complete the landscaping. Lot Owners shall be responsible for maintaining landscaping in good condition and appearance. All plantings must show healthy growth and satisfactory foliage conditions. Maintenance shall include regularly watering, mowing (grass shall not exceed 6 inches in height) pruning, replacing, edging, and removing litter. All re-plantings and re-landscaping shall be governed by the City ordinances. 7. Signs. Monument signs are preferred; however, other signs attached to a main building are allowed if they are consistent with City ordinances. If the monument sign is lit, it shall be back lit (meaning directed solely at the sign without causing glare for motorists, pedestrians, pilots, or neighboring premises). 8. Lighting. All lighting shall be downcast and directed away from adjacent properties and shall be positioned to eliminate glare on streets and highways for motorists, pedestrians, pilots, and neighboring premises. No neon lights, intermittent or flashing lights shall be allowed. Only shaded light sources shall be used to illuminate signs, facades, buildings, parking and loading areas. Lighting shall meet all FAA requirements. 9. Screening. Stand fans, air conditioning units, cooling towers, elevator penthouses, vents and all other structures or equipment which rise above the roof line shall be architecturally compatible or effectively shielded from ground view by architecturally sound methods which shall be shown on the plans and specifications submitted to the City. Where loading docks or doors would be visible from any street or roadway, they shall be visually screened by appropriate walls, panels or landscaped berms, which are of material and design harmonious with the building architecture. Any ground equipment located outside of a building shall not be located between a building and any street and, unless economically unfeasible, shall not be visible from any street and shall be screened or shielded from view in an architecturally harmonious manner. No storage of any articles, goods, or materials shall be permitted outside any building except of a temporary nature only and then only with the prior written consent of the Developer, who shall have the right, as a condition to any such approval, to impose such limitations and screening requirements as it may deem to be in the best interests of the Subdivision. Any such approval may be revoked by the Developer if at any time any of such limitations or screening requirements are not met. Declaration of Restrictive Covenants Page 4 10. Maintenance. The Lot Owner shall have the duty and responsibility to: A. Keep the premises, structures, improvements, parking lot, appurtenances and landscaping so that all will conform with these restrictive covenants and in a well- maintained, safe, clean and attractive condition at all times. B. Comply in all respects with governmental, health, and police requirements. C. Remove promptly any rubbish of any character whatsoever which may accumulate on the Lot. Trash or rubbish must be placed in covered containers that comply with City ordinances and shall always be kept inside of the buildings or behind screening meeting the criteria specified in paragraph 9 above. Trash or rubbish must not be placed or stored between any building and the curb of any abutting street. D. Maintain all required landscaping consistent with paragraph 6 above. E. Screen all items, materials, or movable goods that are required to be stored outside consistent with paragraph 9 above. No other items, materials, or movable goods may be stored outside without the Developer's written permission. If, in the opinion of the Developer, anyone fails in any responsibility set forth in this paragraph, then Developer may give such Lot Owner notice of failure and such Lot Owner must, within 10 days of receipt of such notice, undertake the work required to restore the site to a safe, clean, attractive and lawful condition complying with these covenants. Should any such Lot Owner fail to timely fulfill this duty and responsibility after such notice, then the Developer shall have the right, license and power, but not the obligation, to perform such care and maintenance, and the Developer, or its agent, shall have the right to enter onto said lot to provide said care and maintenance. The Lot Owner shall be liable for the cost of any such work, plus a 10% surcharge for Developer's overhead, and shall, within thirty (30) days of billing, reimburse the Developer for all such amounts. Any amount not so paid shall bear interest at the rate of 10% per annum and shall be collectible by all lawful means. Such unpaid amounts, together with interest thereon, shall also constitute a lien against the interests of such Lot. 11. Utilities. All electric, telephone, and other utility lines on or servicing the Lot must be underground. It is the responsibility of the Lot Owner or occupant of the Lot to make arrangements with the suppliers of electrical, water, sewer and other utility services for the site. All electric transformers, terminals, or other utility appurtenances which are required to be above ground, shall be located at the rear of a building unless economically unfeasible, and if visible from a street such equipment shall be behind a screening facility meeting the criteria of paragraph 9 above. 12. Developer's Designee. The approval required of the Developer under the terms and conditions of these Restrictions and Covenants shall be exercised by the City Manager of the City of Iowa City or his or her designee. 13. Developer's Successor. The Developer shall have the sole and exclusive right at any time to transfer and assign to, and to withdraw from, such person, firm, corporations, and any other entity as it shall select, any or all rights, powers, privileges, authorities, and reservation given to or reserved by the Developer by any part or paragraph of the Restrictions and Declaration of Restrictive Covenants Page 5 Covenants. To the extent the Developer exercises one or more of its options reserved to the Developer under the foregoing provision of this paragraph, the Developer shall file an instrument of record at the office of the Johnson County Recorder specifying in reasonable detail the particulars of the action taken by the Developer and the name and address of any assignee of Developer's rights, duties or privileges. 14. Violations. If any person, firm, corporation or other entity shall violate or attempt to violate any of the covenants or restrictions herein set forth, it shall be lawful for the Developer: A. To prosecute proceedings at law for the recovery of damages against those so violating or attempting to violate any such covenant, or B. To maintain any proceeding against those so violating or attempting to violate any such covenant for the purpose of preventing or enjoining all or any such violation, including mandatory injunctions requiring the violator to restore the building or other matter involved to a conforming state, not in violation of these restrictions. The remedies provided in this paragraph shall be in addition to any and all other remedies now or hereinafter provided by law. C. The Developer is the City of Iowa City, Iowa. Nothing in these Restrictions and Covenants should be construed to affect the rights and duties of the City of Iowa City, as a governmental entity, to enforce the ordinances of the City of Iowa City or act in its regulatory capacity. 15. Minor Variances; Waiver. The provisions of these Restrictive Covenants represent the Developer's best effort to define standards and requirements to assure the quality and desirability of the Subdivision for the intended uses as set forth herein. It must be acknowledged, however, that consideration should be given to a Lot Owner with unique projects or peculiar circumstances pertaining to the Lot. Therefore, the Developer may waive any particular provision or provisions of these covenants in the exercise of its best judgment and giving due consideration to results intended to be achieved by the covenant(s) so waived so long as such waiver does not violate any local, state or national regulation, ordinance or statute. In order to be effective, such waiver must be in writing and executed by the Developer or Developer's assignee hereunder. Developer shall not be liable to any person, including any other Lot Owner of a Lot in the Subdivision, for either the granting or refusal to grant any waiver or release pursuant to this paragraph. Whenever these Restrictions and Covenants require or allow the approval of Developer, such approval shall be at the discretion of Developer in the reasonable exercise of its best judgment, and Developer shall not be liable to any person for the granting or refusal to grant its approval hereunder. 16. Amendment. Except for the terms and provisions of Paragraphs 2, 3,6, 9, 10, 13, 14, and 15, which provide for approval, permission and waiver by the Developer or its designee and/or which specify rights of the Developer or designee, these Restrictions and Covenants may be amended from time to time with the written consent of the Lot Owners of at least two- thirds (66.67%) of the Lots within the Subdivision. Said amendment shall be executed in writing and signed by the Lot Owners of at least two-thirds (66.67%) of the Lots within the Subdivision and the same shall be filed of record in the office of the Johnson County Recorder. Declaration of Restrictive Covenants Page 6 17. Severability. Invalidation of any of the provisions of the Restrictions and Covenants set forth herein by judgment or court order shall not affect or modify any of the other provisions, which shall remain in full force and effect. 18. Additional Restrictions. The Developer may include in any contract or lease hereinafter made .and covering all or any portion of said Lot any additional covenants or restrictions applicable to the Lot which are not inconsistent with the covenants set forth herein. 19. Titles. The addition of titles to the various paragraphs in this instrument are for convenience and identification only, and the use of such titles shall not be construed to limit, enlarge, change, or otherwise modify any of the provisions hereof, each and all of which shall be construed as if not titled. 20. Binding Effect. These covenants and restrictions are to run with the land and shall be binding on all the parties and all persons claiming under them for twenty-one (21) years from the date said covenants and restrictions are recorded, unless a claimant files the necessary claims to extend said covenants and restrictions in the manner set forth in Iowa Code Sections 614.24 and .25 (2001), as amended. Executed this 4th day of CITY'E~cERK City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ~.4-k day of iC'E:SC~,.A~ , A.D. 2003, before me, the undersigned, a notary public in and for the State"of Iowa, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they ara the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said municipal corporation; that said instrument was signed and sealed on behalf of said municipal corporation by authority of its City Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. so.D, Fo r I I'~'1 My Commission E~plres I I ~1 E,- "/- ~ ~ I Notary Public in and for the State of Iowa My commission expires: ,5- '7- o 6 att/legalJsue/Airport/RestricfiveCovenants1-9.doc EXHIBIT "A" North Airport Development Subdivision and North Airport Development Subdivision Part a livision of Lots 1-4 of North Airport Develop Subdivision Declaration of Restrictions and The unders ed, City of Iowa City, Iowa, a municipal being the Developer and Owner m "Developer") of North Airport Developm Subdivision and North Airport Develor Two, A Resubdivision of 1-4 of North Airport Development Subdivision ivision") located in Iowa City, John County, Iowa, the final plat for the Subdivision being in Book 45, Page 91, office of the County Recorder of Johnson County, for the mutual benefit of thc who may purchase any of the lots in the 'Lot") now owned by ~per, hereby imposes the following protective Covenants on each in the Subdivision, which shall be binding upon all the present and owners of each ("Lot Owner") as covenants running with the land and with such force and if contai in each subsequent conveyance of land. 1. Use. A. Prohibited Uses. Subdivision or any lots shall be permitted which is offensive by reason fumes, dust, smoke, noise, or other pollution, nor shall any use be I ~zardous by reason of excessive danger of fire or explosion, wh injurious to any property or persons on or about the Subdivision or 1 is in ation of the applicable laws or regulations of any governmental For p~ of these restrictions, any odor which is noticeable at the line and ar~ ust, smoke or other airborne pollutants visible outside of a bui shall ;red offensive. Any noise shall be considered offensive if au above 6(; at the lot line. Any use th~ affects proposed navi ~1 aids is prohibited. No adult as presently Iowa City City Code section 14-6B-2, is B. Materials. 1.// No "hazardous substance," as defined Iowa Code section 455B.411 (2001), may be stored, located, or contail on the Lot. Petroleum products and their byproducts fir personal or business use may be stored or present if said substances~are contained in approved containers. ~, 3. Lot owners shall handle, use, store and dispose of fuel petroleum products and all other non-"hazardous substances" owned or used by it on the Lot in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm Declaration of Restrictive Covenants Page 2 sewers. Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjac.,e~ to the Airport through activities of the Lot Owner, the Lot Owner ~h¢1.1 ~e responsible for the clean up containment and otherwse,,~ abatement of such  contamination at Lot Owner's sole cost and e~cl~ense. Further, Lot Owner shall notify the City of Iowa and other appro.,~'iate governmental agencies of such occurrence immediately. Shoul(~/l_ot Owner fail to do so, the '\~ Developer may take any reasonable ~dd appropriate action in the Lot ~ bO~vner's stead' The c°st °f such rer~dial acti°n by the Devel°per shall , paid by the Lot Owner. '~ ' ' onstitutin a as defined under the provision of C. Nu~ances. No act c g nu' Iowa\Code Chapter 657, ;is amer d ' of Iowa City ("City") ordinance, or the comm'~n law of Iowa shall be permi 2. Airspace Stud~ Final plans and ~tions submitted to the Housing and Inspection Se~!ces ,,,Del~rtment of the Ci' of Iowa City shall include a Federal Aviation Administration ( FAA ) approved Form; Notice of Proposed Construction and Alteration ("Airspace Study"). Every )~irspace St submitted to the FAA shall contain the following request: This Airspace Study~needs to reviewed as to its effect on proposed navigational aids. Any use that affects propo~d prohibited. 3. Right of Flight Reserved, ' A. The City of Iowa Cit and excepts to itself, its successors and assigns, for the use and he public, a right of flight for the passage of aircraft in the airspace of the real property herein described, including the right to any noise inherent in the operation of any aircraft used for nawgation ht through such airspace for landing at or taking off from or maneuvering in inity of the Iowa City Municipal Airport. B. The City of Iowa City expressly for itself, its successors and assigns, to prevent anyCuse of the sub , which would interfere with landing at or taking off of aircraft at the Iowa City Jnicipal Airport, or otherwise constitute an airport hazard. C. The City'of Iowa City expressly agrees itself, its successors and assigns, to restrict;the height of structures, objects of growth, and other obstructions to a height of not more than 688 feet ;ea level (AMSL) or other height as determined by an FAA airspace review ~r 14 C.,F,.R. Part 77. FAA Form 746~1-1, "Notice of Proposed Construction A~eration is to be submitted to the FA~ and an unobjectionable determination rec~ved prior to commencement of co/hstruction,~ as provided in Paragraph 2 above. 4. Constru{:tion Time Line. Within one (1) year of purchasing a Lot from the Developer, the Lot Owner she~have obtained a building permit from the City of Iowa City. Within eighteen (18) months of obtaining said building permit, the Lot Owner shall have expended ninety percent (90%) of the amount listed for the "Total Value of Project" on said building permit. 5. Parking. All parking areas and service drives shall be dust free, hard-surface with a concrete curb and gutter. No use shall be made of the lot or building constructed thereon which Declaration of Restrictive Covenants Page 3 requires or is reasonably expected to require or attract parking in excess of the parking facilities of such lot. Parking will not be permitted on the lot except in paved parking areas designed for parking. Lot Owners shall enforce all fire lane and any other "no parking" restrictions on paved areas within their Lot as required by the applicable fire safety authorities. 6. La~caping. No tree whose~ight will exceed thirty-five (35) feet shall be planted. Once an initial ~caping plan is approved by the City of Iowa it shall be completed by Lot Owner in 30 days after a certificate of occupancy for the building(s) on the lot, weather ~g. If the Lot Owner informs the Devel( ~r in writing within 30 days of issuance of the of occupancy that weather wil permit the completion of landscaping, the Develo · will provide the Lot Owner with alternate deadline by which to complete the landscaping. Lot Owners shall be resl for maintaining landsca ood condition and appearance. All plantings must show conditions. Maintenance shall include regularly watering, (grass shall n~ exceed 6 inches in height) pruning, replacing, edging, and removing All re-planting re-landscaping shall be governed by the City ordinances. 7. Signs, Monument signs are . other signs attached to a main building are allowed if they are consistent with If the monument sign is lit, it shall be back lit (meaning directed solely at the sigr causing glare for motorists, pedestrians, pilots, or neighboring premises). 8. Lighting. All lighting shall be directed away from adjacent properties and shall be positioned to eliminate glare on dghways for motorists, pedestrians, pilots, and neighboring premises. No neon li.c or flashing lights shall be allowed. Only shaded light sources shall be used to/,,,u,,,,, si buildings, parking and loading areas. Lighting shall meet all FAA re~(uirements. 9. Screening. Stand fans, a~ conditioning units, ling towers, elevator penthouses, vents and all other structures or e~uipment which 'ise al- shall be architecturally compatible or effectively shielded from ground view by sound methods which shall be shown on the plans an.~ specifications submitted to ;ity. Where loading docks or door~ would be visible from any street o they shall be visually screened by appropriate w~lls, panels or landscaped berms are of material and design harmonious with the building architecture, subject to the I ~pproval of the Developer. Any ground equipment IF~:ated outside of a building shall not be I between a building and any street and, unless/economically unfeasible, shall not be visible ,m any street. All such equipment shall be sc~ened or shielded from view in an architecturally a, rmonious manner. / No storage of any arti~c,J~,s, goods, or materials shall be permitted outside any building except of a temporary nature only and then only with the prior written consent of the Developer, who shall have the right, as a condition to any such approval, to impose such limitations and screening requirements as it may deem to be in the best interests of the area. Any such approval may be Declaration of Restrictive Covenants Page 4 revoked by the Developer if at any time any of such limitations or screening requirements are not met. 10. ~Maintenance. The Lot Owner shall have the duty and responsibility to: A.~""-.. Keep the premises, structures, improvements, parking lot, appurtenances and .... landscaping so that all will conform with these restrictive covenants and in a well- 'Maintained, safe, clean and attractive condition at all times. B. come, in all respects with governmental, health, and police requirements. C. romptly any rubbish of any character whatsoever which may the Lot. Trash or rubbish must be placed in covered containers that comply City ordinances and shall always be kept inside of the buildings or behind meeting the criteria specified in paragraph 9 above. Trash or rubbish must not placed or stored between any building and the curb of any abutting street. D. Maintain all req c,~nsistent with paragraph 6 above. E. Screen all items, materials goods that are required to be stored outside consistent with aph 9 above. No other items, materials, or movable goods may be outside without the Developer's written permission. If, in the opinion of the Developer, anyone fails in ' responsibility set fodh in this paragraph, then Developer may give such Lot Owner notice ~re and such Lot Owner must, within 10 days of receipt of such notice, undedake the restore the site to a safe, clean, attractive and lawful condition complying with these ~nts. Should any such Lot Owner fail to timely fulfill this duty and responsibility after suchthen the Developer shall have the right, license and power, but not'the obligation, to care and maintenance, and the Developer, or its agent, shall have the right to enter onto lot to provide said care and maintenance. The Lot Owner shall be liable for the cost of any work, plus a 10% surcharge for Developer's overhead, and shall, within thirty (30) days reimburse the Developer for all such amounts. Any ~mount not so paid shall bear interest a 10% per annum and shall be collectible .~y all lawful means. Such unpaid amoL together with interest thereon, shall also const~ute a lien against the interests of such Lot. 11. Utilities. All eFectric, telephone, and other utility lines on ;ing the Lot must be underground. It is/~he responsibility of the Lot Owner or occupant the Lot to make arrangements with ~he suppliers of electrical, water, sewer and other utility ;rvices for the site. All electric transfo~ners, terminals, or other utility appurtenances which ~re ~ .~d to be above ground, shall be,Jocated at the rear of a building unless economically Jnf~ si ,, and if visible from a street ~'uch equipment shall be behind a screening facility meetir the criteria of paragraph 9 al~l~,,.- 12. Developer's Designee. The approval required of the Developer under the terms and conditions of these Restrictions and Covenants shall be exercised by the City Manager of the City of Iowa City or his or her designee. Declaration of Restrictive Covenants Page 5 13. Developer's Successor. The Developer shall have the sole and exclusive right at any time to transfer and assign to, and to withdraw from, such person, firm, corporations, and any other entity as it shall select, any or all rights, powers, privileges, reservation given to or reserved by the Developer by any part or paragraph of th( and Covenant~. To the extent the Developer exercises one or more of its reserved to the Developer~under the foregoing provision of this paragraph, the shall file an instrument Of, record at the office of the Johnson County Recorder in reasonable detail the par~ulars of the action taken by the Developer and the and address of any assignee of Dev'e{0Per's rights, duties or privileges. 14. Violations."l~any person, firm, corporation or other shall violate or attempt to violate any of the cove's, ants or restrictions herein set forth, it be lawful for the Developer: A. To prosecu~ proceedings at law for the of damages against those so violating or atte~mpting to violate any such or B. To maintain an ,roceeding against so violating or attempting to violate any such for the purpose ~g or enjoining all or any such violation, including indatory inju requiring the violator to restore the building or other involved ~g state, not in violation of these restrictions. The in this paragraph shall be in addition to any and all other remedies provided by law. C. The Developer is the City ¢ City, Iowa. Nothing in these Restrictions and Covenants should be con,~ affect the rights and duties of the City of Iowa City, as a governmental ;nforce the ordinances of the City of Iowa City or act in its regulatory 15. Minor Variances; Waiver./;l'he C, ovenants represent the Developer's best effort to defin/e standards and uirements to assure the quality and desirability of the Subdivision/for the intended ~,s as set forth herein. It must be acknowledged, however, that c~n¢~deration should be /b~ to a Lot Owner with unique projects or peculiar circumstances p~ertai'~ 'ning to the Lot. TI efb(e, the Developer may waive any particular provision or provi~ons of these covenants in the',~xercise of its best judgment and giving due consideration t~ results intended to be a,:hieved 'R,Y the covenant(s) so waived so long as such waiver does/not violate any local, state or nationalY, egulation, ordinance or statute. In order to be effective/' such waiver must be in writing and ~(ecuted by the Developer or Developer's assignee,J,tereunder. Developer shall not be liable f~ any person, including any other Lot Owner of a )~ot in the Subdivision, for either the granting o~refusal to grant any waiver or release pursuan?b this paragraph. Whenever these ,Restrictions and Covenants require or allow the appro~a of Developer, such approval shall b~'at the discretion of Developer in the reasonable e xercise~ its best judgment, and Developer,~hall not be liable to any person for the granting or refusal grant its approval hereunder. 16. Amendment. Except for the terms and provisions of Paragraphs 6, 9, 10, 13, 14, and 15, which provide for approval, permission and waiver by the Developer or its designee and/or which specify rights of the Developer or designee, these Restrictions and Covenants may be amended from time to time with the written consent of the Lot Owners of at least two-thirds (66.67%) of the Lots within the Subdivision. Said amendment shall be executed in writing and Declaration of Restrictive Covenants Page 6 signed by the Lot Owners of at least two-thirds (66.67%) of the Lots within the Subdivision and the same shall be filed of record in the office of the Johnson County Re/c~rder. 17. Severability. Invalidation of any of the provisions of the and Covenants set forth herein by 'igment or court order shall not affect or modi of the other provisions, which shall 18. Additional The Developer may in any contract or lease hereinafter made all or any portion of s~ Lot any additional covenants or restrictions applicable Lot which are not inconsiste covenants set forth herein. 19. Titles. The titles to the iraphs in this instrument are for convenience and y, and the use titles shall not be construed to limit, enlarge, change, or otherwise of the hereof, each and all of which shall be construed as if not titled. 20. Binding Effect. These are to run with the land and shall be binding on all the parties and all persons, under them for twenty-one (21) years from the date said covenants and restrictions are ,rded, unless a claimant files the necessary claims to extend said covenants and restrictions manner set forth in Iowa Code Sections 614.24 and .25 (2001), as amended. Executed this day ,2003. MAYOR ATI'EST: CITY CLERK , Attorney's Office STATE OF IOWA I SS: JOHNSON COUNTY On this day of , 2003, before me, the undersigned, a public in and for the State of Iowa, personally ap~ared Ernest W. Lehman and Marian K. me personally known, who being by me duly swoYkn, did say that they are the Mayor and C Clerk, respectively, of said municipal corporation ex~cuting the within and foregoing ; that the seal affixed thereto is the seal of said mun~ipal corporation; that said instrument signed and sealed on behalf of said municipal corporation by authority of its City Council; a that the said Mayor and City Clerk as such officers acki~,owledged that the execution of instrument to be the voluntary act and deed of said corpor~on, by it and by them voluntaril,, executed. Notary Public in and for the State of Iov~a My commission expires: att/legal/sue/AirpoCJRestrictiveCovenants1-9do¢ EXHIBIT "A" North Airport Development Subdivision and North Airport Development Subdivision Part Two, a Resubdivision of Lots 1-4 of North Airport Development Subdivision Declaration of Restrictions and Covenants The undersigned, City of Iowa City, Iowa, a municipal corpora, being the Developer and Owner in fee ("Developer") of North Airport Developme~" Subdivision and North Airport Development Subdivision Part Two, A Resubdivision of Lo,,t~ 1-4 of North Airport Development Subdivision ("Subdivisioh,) located in Iowa City, Johnso~ County, Iowa, the final plat for the Subdivision being recorded, in Book 45, Page 91, in/fhe office of the County Recorder of Johnson County, Iowa, for the mutual benefit of those/persons who may purchase any of the lots in the Subdivision ("Lot") now owned by the ,Developer, hereby imposes the following protective Covenants and Restriction~ on each Io~An the Subdivision, which shall be binding upon all the present and future owners of each Io,t/("Lot Owner") as covenants running with the land and with such force and effect as if containe/:l in each subsequent conveyance of land. / 1. Use. A. Prohibited Uses. No use of'the Subdivision or any lots shall be permitted which is offensive by reason of o.,dor, fumes, dust, smoke, noise, or other pollution, nor shall any use be permitte,,d which is hazardous by reason of excessive danger of fire or explosion, which r~ay be injurious to any property or persons on or about the Subdivision or that,is in violati~q, of the applicable laws or regulations of any governmental authoritY,. For purposc~ of these restrictions, any odor which is noticeable at the lot line and any dust,"smoke or other airborne pollutants visible outs[de of a building shall be considered offensive. Any noise shall be considered offensive if audible'above 60 decibels (d.b.a.) at the lot line. Any use that affeCts proposed navigational aid'~,!s prohibited. No adult business, as presently defined in Iowa Oi!y City Code section 14-6B-2, is permitted. B. Hazardous Materials. 1. No "hazardous substance," as defined in Iowa Code section 455B.411 (2001), may be stored, located, or contained on the Lot. 2. Petroleum products and their byproducts for personal or business use may be stored or present if said substances are contained in approved containers. 3. Lot owners shall handle, use, store and dispose of fuel petroleum products and all other non-"hazardous substances" owned or used by it on the Lot in accordance with all applicable federal, state, local and airport statutes, regulations, rules and ordinances. No waste or disposable materials shall be released on the ground or in the storm Declaration of Restrictive Covenants Page 2 sewers. Should such materials be spilled or escape from storage or in any way contaminate the Airport or property adjacent to the Airport through activities of the Lot Qwner, the Lot Owner shall be responsible for the clean up, containment and otherwise abatement of such contamination at Lot Owner's sole cost and expense. Further, Lot Owner shall notify the City of Iowa City and other appropriate governmental t, agencies of such occurrence immediately. Should Lot Owner fail to do so, y_he De,veloper may tal(e any reasonable and appropriate action in the Lot (~wners stead. The cost of such remedial action !~Y the Developer shall b~.paid by the Lot Owner. C. Nuisances. No act constituting a nuisance as d under the provision of Iowa Code Chapter 657, as amended, City of Iowa/City ("City") ordinance, or the common law of Iowa shall be permitted. ~' 2. Airspace Study. Final plans and specification/~ submitted to the Housing and Inspection Se~!ces ,,,Department of the City of Iowa C~y shall include a Federal Aviation Administration ( FAA ) approved Form 7460-1 Notice o~Proposed Construction and Alteration ("Airspace Study"). Every Airspace Study submitte~Vto the FAA shall contain the following request: This Airspace Study needs to be reviewe)a' as to its effect on proposed navigational aids. Any use that affects proposed navigational a~ is prohid~ted. 3. Right of Flight Reserved, A. The City of Iowa excepts to itself, its successors and assigns, for the use and benefit of ti~ublic, a right of flight for the passage of aircraft in the airspace above the of the real property herein described, including the right to cause in s~ ai~pace any noise inherent in the operation of any aircraft used for navig; flight through such airspace for landing at or taking off from in the vicinity of the Iowa City Municipal Airport. B. No use of the su property s~all interfere with landing at or taking off of aircraft at the 14 City Municipa)\Airport, or otherwise constitute an airport hazard./ / ~ C. The height o~s[ru res, objects of natural growth, and other obstructions shall be restricted/to a height of not more th~ 688 feet above sea level (AMSL) or other heigh, f as deter,,m, ined by an FAA airspace review under 14 C.F.R. Part 77. FAA Fon~' 74(0-1, Notice of Proposed ~onstruction or Alteration" is to be submittec/to the FAA and an unobjectionaD~e determination received prior to ~ment of construction, as provided in ~aragraph 2 above. 4. Construction me Line. Within two (2) years of purchasing a Lot from the Developer, the Lot Owner shall have obtained a building permit from the City of Iowa City. Within two (2) years of obtaining said building permit, the Lot Owner shall have expended ninety percent (90%) of the amount listed for the "Total Value of Project" on said building permit. 5. Parking. All parking areas and service drives shall be dust free, hard-surface with a concrete curb and gutter. No use shall be made of the lot or building constructed thereon which requires or is reasonably expected to require or attract parking in excess of the parking facilities of such lot. Parking will not be permitted on the lot except in paved parking areas designed for Declaration of Restrictive Covenants Page 3 parking, Lot Owners shall enforce all fire lane and any other "no parking" restrictions on paved areas within their Lot as required by the applicable fire safety authorities. 6. Landscaping. No tree whose height will exceed thidy-five (35) feet shall be planted. Once an initial landscap~g plan is approved by the City of Iowa C shall be completed by Lot Owner no later than 3~0 days after a certificate of occupancy i building(s) on the lot, weather permitting~ If the Lot Owner informs the in writing within 30 days of issuance of the certificate of occupancy that weather wi permit the completion of landscaping, the Developer will provide the Lot Own, alternate deadline by which to complete the landscaping. Lot Owners shall be responsible for maintaining lands¢ in good condition and appearance. All plantings must show healthy growth and satisfa( foliage conditions· Maintenance shall include regularly watering, mowing (grass shall exceed 6 inches in height) pruning, replacing, edging, and removing litter. All re-plant and re-landscaping shall be governed by the City ordinances. 7. Signs. Monument signs are preferred )wever other signs attached to a main building are allowed if they are cons~ If the monument sign is lit, it shall be back lit (meaning directed solely at without causing glare for motorists, pedestrians, pilots, or neighboring premises). 8. Lighting. All lighting shall be d, directed away from adjacent properties and shall be positioned to eliminate glare and highways for motorists, pedestrians, pilots, and neighboring premises. No neon ~g lights shall be allowed. Only shaded light sources shall be signs, facades, buildings, parking and loading areas. Lighting shall meet all · Screening. Stand fans~' air conditionin~units, cooling towers, elevator penthouses, vents and all other structures q~ equipment which ~,se above the roof line shall be architecturally compatible or effectively shielded from ground vibtw by architecturally sound methods which shall be shown on the plans~nd specifications subrn~ted to the City. Where loading docks or d(~ors would be visible from any street or roadway, they shall be visually screened by appropriate~valls, panels or landscaped ~erms, which are of material and design harmonious with the buil~ling architecture. Any ground equipment/located outside of a building ,,shal! .~ot be located between a building and any street and, unles.~economically unfeasible, shall not be visible from any street and shall be screened or shielded/~rom view in an architecturally harmonious manner. No storage of any a~ticles, goods, or materials shall be permitted outside any building except of a temporary nature d~ly and then only with the prior written consent of the Developer, who shall have the right, as a condition to any such approval, to impose such limitations and screening requirements as it may deem to be in the best interests of the Subdivision. Any such approval may be revoked by the Developer if at any time any of such limitations or screening requirements are not met. Declaration of Restrictive Covenants Page 4 10. Maintenance. The Lot Owner shall have the duty and responsibility to: A. Keep the premises, structures, improvements, parking lot, appurtenances and landscaping so that all will conform with these restrictive covenants and in a well- maintains, d, safe, clean and attractive condition at all times. B. Comply in"~respects with governmental, health, and polic~,r, equirements. / C. Remove proh~ptly any rubbish of any character ,~hatsoever which may accumulate on\the Lot. Trash or rubbish must be pi, abed in covered containers that comply witl~ City ordinances and shall always ~;~ kept inside of the buildings or behind,screer,r~ngu~n~ meeting the criteria specified,ih paragraph 9 above. Trash or rubbish must not.be placed or stored between~ny building and the curb of any abutting street. D. Maintain all require;~, landscaping consis,t/eCit with paragraph 6 above. E. Screen all items, ,terials, or mov,,a61e goods that are required to be stored outside consistent ~th paragrap,h,/9 above. No other items, materials, or movable goods ma~,, be store_~d outside without the Developer's written permission. If, in the opinion of the Developer, e,;f~ils in any responsibility set forth in this paragraph, then Developer may give such ,'hotice of failure and such Lot Owner must, within 10 days of receipt of such notice, undertal~ ~e work required to restore the site to a safe, clean, attractive and lawful condition complyi ~ these covenants. Should any such Lot Owner fail to timely fulfill this duty and rest .~r such notice, then the Developer shall have the right, license and power, but not the~bli to perform such care and maintenance, and the Developer, or its agent, shall hav.~ the right enter onto said lot to provide said care and maintenance. The Lot Owner sha).l be liable cost of any such work, plus a 10% surcharge for Developer's overhead, and Shall, within thirt, days of billing, reimburse the Developer for all such amounts. Any amount not so paid bear interest at the rate of 10% per annum and shall be collectible by ~tl lawful means, unpaid amounts, together with interest thereon, shall also constitute..a lien against the , of such Lot. 11. Utilities. All electriC, telephone, and other utilit, ines on or servicing the Lot must be underground. It is the r/~sponsibility of the Lot or occupant of the Lot to make arrangements with the st/pphers of electrical, water, sewer d other utility services for the site. All electric transformers,;~terminals, or other utility are required to be above ground, shall be locate,¢ at the rear of a building unless ~ically unfeasible, and if visible from a street such eCiuipment shall be behind a screening meeting the criteria of paragraph 9 above. 12. Developer'sPesignee. The approval required of the Developer under the terms and conditions of these I~estdctions and Covenants shall be exercised by the City Manager of the City of Iowa City or Wis or her designee. 13. Developer's ~uccessor. The Developer shall have the sole and exclusive right at any time to transfer and assign to, and to withdraw from, such person, firm, corporations, and any other entity as it shall select, any or all rights, powers, privileges, authorities, and reservation given to or reserved by the Developer by any part or paragraph of the Restrictions and Declaration of Restrictive Covenants Page 5 Covenants. To the extent the Developer exercises one or more of its options reserved to the Developer under the foregoing provision of this paragraph, the Developer shall file an instrument of record at the office of the Johnson County Recorder specifying in reasonable detail the particulars of the action taken by the Developer and the name and address of any assignee of Developer's rights, duties or privileges. 14. Violations. If any person, firm, corporation or other entity shall violate or attempt to violate any of the covenants or restrictions herein set forth, it shall be lawf~ ,per: A. To pr~ecute proceedings at law for the recovery of against those so violatin~r attempting to violate any such covenant, or B. To maintatq any proceeding against those so viol or attempting to violate any such covenant for the purpose of preventi or enjoining all or any such violation, inc~ding mandatory injunctions the violator to restore the building or other matter involved to a state, not in violation of these restrictions. The~.,remed~es provided in this shall be in addition to any and all other remedies now or hereinafter law. C. The Developer is the, City of Iowa Ci Nothing in these Restrictions and Covenants should be',,construed to rights and duties of the City of Iowa City, as a governmental entity, ordinances of the City of Iowa City or act in its regulatory c~oacity. 15. Minor Variances; Waiver. ; Restrictive Covenants represent the Developer's best effort to define stand and requirements to assure the quality and desirability of the Subdivision for uses as set forth herein. It must be acknowledged, however, that consider 3uld be given to a Lot Owner with unique projects or peculiar circumstances pertainin the Therefore, the Developer may waive any particular provision or provisions ants in the exercise of its best judgment and giving due consideration to to achieved by the covenant(s) so waived so long as such waiver does not vic local, or national regulation, ordinance or statute. In order to be effective, such must be in and executed by the Developer or Developer's assignee hereun, Developer shall be liable to any person, including any other Lot Owner of a Lot in t Subdivision, for either ~ granting or refusal to grant any waiver or release pursuant to this Whenever these Restrict)~ns and Covenants require or the approval of Developer, such approval shall be at the,~iscretion of Developer in the rt able exercise of its best judgment, and Developer shall nH be liable to any person for the or refusal to grant its approval hereunder. / / 16. Amendmen~ Except for the terms and provisions of iraphs 6, 9, 10, 13, 14, and 15, which provide~for approval, permission and waiver by the it~ designee and/or which specify rig~fts of the Developer or designee, these R~ and Covenants may be amended from ti/ne to time with the written consent of the Lot of at least two-thirds (66.67%) of the (Lots within the Subdivision. Said amendment shall executed in writing and signed by the Lot Owners of at least two-thirds (66.67%) of the Lots within the Subdivision and the same shall be filed of record in the office of the Johnson County Recorder. Declaration of Restrictive Covenants Page 6 17. Severability. Invalidation of any of the provisions of the Restrictions and Covenants set forth herein by judgment or court order shall not affect or modify any of the other provisions, which shall remain in full force and effect. 18. Additional Restrictions. The Developer may include in any contract or lease hereinafter made and covering all or any portion of said Lot any addition~ or restrictions applicable to the Lot which are not inconsistent with herein. 19. Titles. The addition of titles to the various paragraphs in instrument are for convenience and identification on]y, and the use of such titles shall be construed to limit, enlarge, change, or otherwise modify any of the provisions and all of which shall be construed as if not titled. 20. Binding Effect. These covenants and restrictions run with the land and shall be binding on all the parties and all persons claiming under the (21) years from the date said covenants and restrictions are recorded, unle.~ claimant files the necessary claims to extend said covenants and restrictions in the mannE Iowa Code Sections 614.24 and .25 (2001), as amended. Executed this \ ,2003. \ MAYOR CITY CLERK // City Attorney's Office / STATE OF IOWA ) / ) ss: jl JOHNSON COUNTY ) / ~ On this day/of, A.D. 2003, before me, the undersigned, a notary publi~ in and for the State of Ic~,a, personally appeared Ernest W. Lehman and Marian K. Karr, to me/personally known, who beih, g by me duly sworn, did say that they are the Mayor and City Clerl(, respectively, of said munic~al corporation executing the within and foregoing instrument; that the seal affixed thereto is the~seal of said municipal corporation; that said instrument was si,g'.n, ed and sealed on behalf of said ~0unicipal corporation by authority of its City Council; and tha~t the said Mayor and City Clerk as~such officers acknowledged that the execution of said instrument to be the voluntary act and de, ed of said corporation, by it and by etuted.xe/~ Notary Public in~and~for the State of Iowa them voluntarily My commission expires:. \ Prepared by: Shelley McCafferty, Assodate Planner, 410 E. Washington St., Iowa City, IA 52240; 319~356-5243 (SUB02~0024) RESOLUTION NO. 03-50 RESOLUTION APPROVING FINAL PLAT OF HEARTHSlDE REFUGE, IOWA CITY, IOWA. WHEREAS, the owner, Tom Lewis, filed with the City Clerk the final plat of Hearthside Refuge, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: Commencing at the southeast corner of Lot 11, Surrey Hills Addition, to Iowa City, Iowa in accordance with the plat recorded in Book 7, Page 67 of the records of the Johnson County Recorder's Office; Thence N01 °22'00"W, along west line of said Lot 11, a distance of 39.31 feet; thence S89 °55'00"W, 290.49 feet; thence N09 °00'00"W, 101.96 feet; thence 8~. °58'00"W,212.61 feet, to a point on the easterly right-of-way line foe Dubuque Road; thence N16 °44'00"E, along said easterly right-of-way line, 506.80 feet; thence S73 °16'00"E, 130.00 feet; thence N16 °44;00"E, 141.00 feet; thence S73 °16'00"E, 49.60 feet; thence N89 °29'00'E, 111.40 feet, to a point on the west line of said Surrey Hills Addition; thence S01 °22'00"E, along said west line 688.80 feet, to the point of beginning. Said tract of land contains 5.60 acres, and is subject to easements and restrictions of record. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and subdivision, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and recommended that said final plat and subdivision be accepted and approved; and WHEREAS, said final plat and subdivision are found to conform with Chapter 354, Code of Iowa (2001) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The said final plat and subdivision located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, and easements as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Resotution No. 03-50 Page 2 Passed and approved this 4th day of Fehm~a~'y ,2003. Approved by CITY ~-ERK City It was moved by Champ'ion and seconded by 0'Donne11 the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman × O'Donnell X Pfab X Vanderhoef X Wilbum STAFF REPORT To: Planning and Zoning Commission Prepared by: Shelley McCafferty Item: SUB02-00024 Hearthside Refuqe Date: January 16, 2002 GENERAL INFORMATION: Applicant: Tom Lewis 2944 Orchard View Lane Iowa City, IA 52240 Requested Action: Final subdivision plat Purpose: To permit a 4-lot subdivision. Location: 1520 N. Dubuque Road Size: 5.6 acres Existing Land Use and Zoning: RS-5, single-family residence Surrounding Land Use and Zoning: North: RS-5, Low Density Single Family South: RS-5, Low Density Single Family East: RS-5, Low Density Single Family West: RS-8, Medium Density Single Family Comprehensive Plan: Single Family/Duplex Residential File Date: December 12, 2002 45-Day Limitation Period: January 26, 2003 BACKGROUND INFORMATION: The applicant, Tom Lewis, is requesting approval of the final plat of Hearthside Refuge, a 4-lot, 5.6 acre subdivision. At their January 7 meeting, the City Council first considered the sensitive areas development plan and rezoning for this property. The first consideration vote was 7-0 in favor of the plan. ANALYSIS: The final plat as submitted is in general conformance with the approved preliminary plat. Construction plans have been submitted and are being reviewed by the City Engineer. Legal papers have also been submitted for review by the City Attorney and Engineer. Prior to Council consideration of the final plat, staff must approve construction plans and legal documents. 2 STAFF RECOMMENDATION: Staff recommends that SUB02-00024, a final plat of Heartside Refuge, a 5.6-acre, 4-lot residential subdivision located at 1520 North Dubuque Road be approved subject to staff approval of legal papers and construction drawings prior to City Council consideration. ATTACHMENTS: 1. Location map 2. Final plat Approved by: Robert Miklo, Senior Planner, Department of Planning and Community Development I JL Final Plat [--~- Hear[hside Refuge [ T-- Iowa City, Iowa LEGEND AND NOTES xx AVE RS 5 ID'RS RS RDP -CAROLINE / DRIV[ CN I P SITE LOCATION: Dubuque Road SUB02-00024 Prepared by: Ron Knoche, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. RE~OLUTION APPROVING PLANS, SPECIFICATIONS, FORM CON- TRAC~, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF' SCOTD BOULE,yARD LANDSCAPE - FIRST AVENUE TO ROCH PROJE~C,T~, ESTABLISHING AMOUNT OF BID SECURITY EACH BID;DIRECTING CITY CLERK TO PUBLISH FOR BIDS, AND F'iXlNG TIME AND PLACE FOR RECEIPT OF B WHEREAS, notice of public hearing on the plans, contract and estimate of cost for the above-named p/~,ject was published as required and the hearing thereon held. BE IT ~kESOLVED BY THE ;IL OF THE CITY OF IOWA NOW, THEREFORE, CITY, IOWA THAT: 1. The plans, specifications, f~rm of estimate of cost for the above-named project are hereby approved... 2. The amount of bid security to each bid for the construction of the above~ named project shall be in the of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereb and directed to publish notice for the receipt of bids for the construction of the in a newspaper published at least once weekly and having a gener city. 4. Bids for the above-nan~d project are to be re(;e~ved by the C~ty of Iowa Qty, Iowa, at the Office of the City Clel;~¢, at the Civic Center, ur~il 10:30 a.m. on the 27t~ day of February, 2003, or at a later/~ate and/or time as determ~ed by the Director 0f..Public Works or designee, with notice of said later date and/or ti~e to be published as required by law. Thereafter the bj~s will be opened by the City ~E,.,n,,,~neer or his designee, and thereupon referred to the,?Council of the City of Iowa City, Iowakfor action upon said bids at its next meeting, to b~ held at the Emma J. Harvat Hall, Civic 6enter, Iowa City, Iowa, at 7:00 p.m. on the 4th d~y of March, 2003, or if said meeting is cancelled, at the next meeting of the City Co~¢l thereafter as posted by the City Clerk. ~..~ Passed and?pproved this day of 0 . MAYOR ATTEST: / CITY CLERK ' ' ' 1/03 7 Prepared by: Ron Knccfle, Sr. Civil Engineer, Public Works, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5138 RESOLUTION NO. 03-51 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON- TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SCO'I'F BOULEVARD LANDSCAPE - FIRST AVENUE TO ROCHESTER AVENUE PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for 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: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid secudty to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. 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. 4. Bids for 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 10:30 a.m. on the 27th day of February, 2003, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or his designee, 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 Emma J. Harvat Hall, Civic Center, Iowa City, Iowa, at 7:00 p.m. on the 11~h day of March, 2003, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 4~;h dayof Februar,y ,20 03 Approved by CITY ~"IcERK ' City ~A{~or~e-y's Office-" pwengVesL~:tb~Jlandscp2.doc 1A)3 Resolution No. 03-51 Page 2 It was moved by Champion and seconded by 0'Donnell the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner ){ Lehman X O'Donnell X Pfab X Vanderhoef X Wilbum Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF THE WEST ONE-HALF OF A TWENTY FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETVVEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO PHYLLIS TUCKER, WHEREAS, Phyllis Tucker, as owner of the adjacent property at 338 South Governor Street, has offered the sum of $500.00 for the west one-half of a twenty foot wide by sixty feet long vacated portion of the alley located between 405 South Summit Street and 338 South Governor Street (approximately 600 square feet); and WHEREAS, the City does not need the subject property to provide access to property in the area and there are no infrastructure or easements upon the subject property; and WHEREAS, on January 21, 2003 the City Council adopted a Resolution declaring its intent to convey its interest in the parcel, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public hearing on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim Deed conveying the City's interest in the west one-half of a twenty foot wide by sixty feet long vacated portion of the alley located between 405 South Summit Street and 338 South Governor Street to Phyllis Tucker, adjacent property owner, for the sum of $500.00. 2. The City Attorney is authorized to deliver said Quit Claim Deed to Phyllis Tucker. The deed, and any other documentation required by Iowa Code §364.7 (1999), shall be recorded by the City Attorney's Office in the Johnson County Recorder's Office at the purchasers' expense. Publication fees for the Notice of Public Hearing for this conveyance will also be at the purchaser's expense. Resolution No. Page 2 It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Passed and approved this day of ,2003. MAYOR ATTEST: CITY CLERK City Attorney's Office Prepared by: Mitchel T. Behr, Asst. City Atty., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. RESOLUTION AUTHORIZING CONVEYANCE OF THE EAST ONE-HALF OF A 'DWENTY FOOT WIDE BY SIXTY FEET LONG VACATED PORTION OF THE ALLEY LOCATED BETWEEN 405 SOUTH SUMMIT STREET AND 338 SOUTH GOVERNOR STREET TO SUE M. TRAVlS AND ANDREW D. ROBERTSON. WHEREAS, Sue M. Travis and Andrew D. Robertson, as owners of the adjacent property at 405 South Summit Street, have offered the sum of $500.00 for the east one-half of a twenty foot wide by sixty feet long vacated podion of the alley located between 405 South Summit Street and 338 South Govemor Street (approximately 600 square feet); and WHEREAS, the City does not need the subject property to provide access to property in the area and there are no infrastructure or easements upon the subject property; and WHEREAS, on January 21, 2003 the City Council adopted a Resolution declaring its intent to convey its interest in the parcel, authorizing the publication of public notice of the proposed conveyance, and setting the date and time for public hearing; and WHEREAS, following public headng on the proposed conveyance, the City Council finds that the conveyance of the subject property is in the public interest. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that: 1. The Mayor and City Clerk are hereby authorized and directed to execute a Quit Claim Deed conveying the City's interest in the east one-half of a twenty foot wide by sixty feet long vacated portion of the alley located between 405 South Summit Street and 338 South Governor Street to Sue M. Travis and Andrew D. Robertson, adjacent property owners, for the sum of $500.00. 2. The City Attorney is authorized to deliver said Quit Claim Deed to Sue M. Travis and Andrew D. Robertson. The deed, and any other documentation required by Iowa Code {}364.7 (1999), shall be recorded by the City Attorney's Office in the Johnson County Recorder's Office at the purchasers' expense. Publication fees for the Notice of Public Hearing for this conveyance will also be at the purchasers' expense. Resolution No. Page 2 It was moved by and seconded by the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Passed and approved this day of ,2003. MAYOR ATTEST: CITY CLERK Approved by Cit'y"Att'omey's ~ffi ce Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-52 RESOLUTION AUTHORIZING CONVEYANCE OF THE PLATTED ALLEY IN BLOCK 27, ORIGINAL TOWN, IOWA CITY, IOWA, TO MERCY HOSPITAL. WHEREAS, the City Council has adopted an ordinance vacating the platted alley in Block 27, Original Town, Iowa City, Iowa; and WHEREAS, the adjacent property owner, Mercy Hospital, has made an offer to ac~tuire the property for $15,000.00, subject to easements for existing utilities and the condibons that: 1) No direct vehicular access will be sought by orgranted to Mercy Hospital to Market Street; 2) The current alley intersection with Dodge Street will be closed and there will be no additional direct vehicular access from Block 27 onto Dodge Street; provided, however, the exit-only from the existing parking facility onto Dodge Street will be allowed to remain, and 3) Any overhead utilities relocated from the alley will be located at least 100 feet from Bloomington and Market Streets or placed underground. WHEREAS, on January 7, 2003, the City Council adopted a resolution declaring its intent to make said conveyance; and WHEREAS, following public hearing on the proposed conveyance, City Council finds that said conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to execute a written contract, in a form approved by the C~ty Attorney, to convey the platted alley in Block 27, Original Town, Iowa City, Iowa, to the adjacent property owner, Mercy Hospital, for SI5,000.00, subject to easements for existing utilities and the above referenced conditions. 2. The Mayor and City Clerk are hereby authorized and directed to execute a deed and all other documentation necessary to complete the transaction provided for by said offer, and the City Attorney is authorized to prepare and deliver said documents to Mercy Hospital. 3. The Mayor and City Clerk are hereby authorized and directed to execute, and the City Attorney is authorized to deliver, saidwritten offer to Mercy Hospital. 4. The City Attorney is authorized and directed to record all the necessary documentation to transfer title of said property to Mercy Hospital at their expense. Passed and approved this 4th dayo~b~u~?. ~ ,~ 03 ATTEST: ~'~,.~.¢...2 ~ ;~.~_4.~.) ~ CITY OEERK ' Resolution No. 03-52 Page 2 It was moved by 0' Donne] ] and seconded by Vander'hoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab × Vanderhoef X Wilbum 10 Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 5~6-5030 RESOLUTION NO.__ .... RESOL~;JTION AUTHORIZING CONVEYANCE OF THE PLATTED'ALLEY IN BLOCK 2~, ORIGINAL TOWN, IOWA CITY, IOWA, TO MERCY HOSPITAL. WHEREAS, the~;ity Council has adopted an ordinance vacating the.,~atted alley in Block 27, Original Town';!~wa City, Iowa; and / WHEREAS the adjacent property owner, Mercy Hospital, has ~flade an offer to acquire the property for $1.00, s~qbject to easements for existing utilities.~nd the conditions that: 1) No direct vehicular acc'e.ss will be sought by or granted to/Mercy Hospital to Market Street; 2) The current alleY intersection with Dodge Street/will be closedand there will be no additional direct vef~cular access from Block 27 ,dnto Dodge Street; provided, however, the exit-only from',.the existing j~arking facil~y onto Dodge Street will be allowed to remain, and 3) AnY overhead utdities reloca.?ed from the alley will be located at least 100 feet from Blooming[O.~n and Market Street,/or placed underground. WHEREAS, on January 7, 2003, tl~ City Council ad/bpted/a resolution declaring its intent to make said conveyance; and '~ WHEREAS, following public hearing on t~l~ pro¢osed conveyance, City Council finds that said conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED/BY T\HE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: ,/ \, 1. The Mayor and City Clerk are hero0~ authoriz~d and directed to execute a written contract, in a form approved by th~'C~ty Attorney 'to convey the platted alley in Block 27, Original Town, Iowa City, Iowa/to the adjacent p'r,,operty owner, Mercy Hospital, for $1.00, subject to easements for e,>Csting utilities and thc~bove referenced conditions. 2. The Mayor and City Clerk are ~ereby authorized and dir'e,cted to execute a deed and all other documentation neceCsary to complete the trans'a, ction provided for by said offer and the City Attorney i/s au[horized to prepare and ~,eliver said documents to Mercy Hospital. 3. The Mayor and City Clerk.are hereby authorized and directed to'~xecute, and the City Attorney is authorized to,~leliver, saidwritten offer to Mercy HospitAl~\ 4. The City Attorney is autbi~)rized and directed to record all the necessa'~' documentation to transfer title of said ?roperty to Mercy Hospital at their expense. Passed and approved Wis day of ., 20 / MAYOR / Approved by _ ATTEST: / ~ CITY CLERK mitchlB/MercyV&Clres-convey doc Prepared by: Mitchel T. Behr, Asst City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 03-53 RESOLUTION AUTHORIZING CONVEYANCE APPROXIMATELY 5900 SQUARE FEET OF LAFAYETTE STREET RIGHT-OF-WAY TO EAGLE VIEW PROPERTIES, L.L.C.. WHEREAS, the City Council has adopted an ordinance vacating approximately 5900 square feet of Lafayette Street right-of-way; and WHEREAS, the adjacent property owner, Eagle View Properties L.L.C. has made an offer to acquire the property for $9,500, subject to easements for existing utilities and the condition that they incorporate their properties west of Capitol Street and north of CRANDIC Railroadinto one lot by auditor's plat; and WHEREAS, on January 7, 2003, the City Council adopted a resolution declaring its intent to make said conveyance on said terms and conditions; and WHEREAS, following the public hearing on the proposed conveyance, City Council finds that the conveyance of the subject property to Eagle View Properties, LLC., subject to easements for existing utilities and the condition that they incorporate their properties west of Capitol Street and north of CRANDIC Railroad into one Iotby auditor's plat, is in th public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to execute a written contract, in a form approved by the City Attorney, to convey the approximately 5900 square feet of LaFayette Street right-of-way to the adjacent property owner, Eagle View Properties, L.LC., subject to easements for existing utihties and the condibon that they incorporate their }?roperties west of Capitol Street and north of CRANDIC Railroadinto one lot by auditor's plat. 2. The Mayor and City Clerk are hereby authorized and directed to execute a deed and all other documentation necessary to complete the transaction provided for by said offer, and the City Attorney is authorized to prepare and deliver said documents to Eagle View Properties, L. LC. 3. The Mayor and City Clerk are hereby authorized and directed to execute and the City Attorney s author zed to deliver, saidwritten offer to Eagle View Properties, L.L.C. 4. The City Attorney is authorized and directed to record all the necessary documentation to transfer title of said property to Eagle View Properties, L.L.C., at their expense. Passed and approved this 4th day of February ,20 03 ATTEST:ciTY.~,~,~..c.-~_~U,~LERK '~' ~k--~4'~/! ~ //~/~ ~ mitch/B/EagleView/res-con vey.doc Resolution No. 03-53 Page 2 It was moved by Champion and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn Prepared by: Kevin O'Malley, Finance Director, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5053 RESOLUTION NO. 03-54 RESOLUTION AMENDING THE BUDGETED POSITIONS IN THE ACCOUNTING DIVISION OF THE FINANCE DEPARTMENT AND THE AFSCME PAY PLAN BY DELETING THE POSITION OF SENIOR PAYROLL CLERK AND ADDING THE POSITION OF ACCOUNTANT. WHEREAS, Resolution No. 02-37 adopted by the City Council on February 5, 2002, authorized permanent positions in the Accounting Division for FY03; and WHEREAS, Resolution No. 01-189, adopted by the City Council on June 26, 2001 established a classification/compensation plan for AFSCME employees; and WHEREAS, the payroll process is evolving from a clerical position to a position that requires an accounting background and comprehensive understanding of the entire payroll process; and WHEREAS, the Accountant will be performing additional duties which include audit work paper preparation, account reconciliations, and completing the annual worker's compensation audit. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The budgeted positions in the Accounting Division of the Finance Department be amended by deleting the position of Senior Payroll Clerk and adding the position of Accountant. 2. The AFSCME pay plan be amended by deleting the position of Senior Payroll Clerk, Grade 8 and adding the position of Accountant, Grade 11. Passed and approved this 4th day of A,O. Approved by CiTY ?:~._E RK ~it~-Att or'ney's-Office It was moved by Champion and seconded by 0'Donne'l '~ the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion × Kanner × Lehman × O'Donnell X Pfab X Vanderhoef × Wilburn flnadm/ord/sr payroll derk.dcc Prepared by: Mad[yn Kriz, Parks & Rec, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 03-55 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE REPLACEMENT OF THE CITY PARK POOL FILTRATION SYSTEM. WHEREAS, B. G. Brecke, Inc. of Cedar Rapids, Iowa has submitted the lowest responsible bid of $173,250.00 for construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The contract for the construction of the above-named project is hereby awarded to B. G. Brecke, Inc., subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. 2. The Mayor is hereby authorized to sign and the City Clerk to attest the contract for construction of the above-named project, subject to the condition that awardee secure adequate performance and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this 4th day of Febt'ua~v ,20 03 Approved by City Attorney's Office It was moved by W'ilburn and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn ADVERTISEMENT FOR BIDS CITY PARK POOL FILTRATION SYSTEM REPLACEMENT PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa until 2:00 p.m. on the 28th day of January, 2003, or at a later date and/or time as determined by the Director of Parks and Recreation or designee, with notice of said later date and/or time to be published as required by law. The Parks and Recreation Director or designee will open sealed proposals immediately thereafter. Bids submitted by fax machine shall not be deemed a "sealed bid" for purposes of this Project. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:00 p.m. on the 4th day of February, 2003, or at such later time and place as may be scheduled. The Project will involve the following: provide and install high-pressure sand filters, cimulation pump and related piping and valves~ Also includes minor building modifications and concrete work to accommodate new equipment. All work is to be done in strict compliance with the plans and specifications prepared by Pool Tech Midwest Inc. of Cedar Rapids, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in the sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City in the event the successful bidder fails to enter into a contract within ten (10) calendar days and post bond satisfactory to the City ensuring the faithful performance of the contract and maintenance of said Project, if required, pursuant to the provisions of this notice and the other contract documents. Bid bonds of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) calendar days until a contract is awarded, or until rejection is made. Other bid bonds will be returned after the canvass and tabulation of bids is completed and reported to the City Council. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council, and shall guarantee the prompt payment of all materials and labor, and also protect and save harmless the City from all claims and damages of any kind caused directly or indirectly by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 65 Specified Start Date: February 10, 2003 The plans, specifications and proposed contract documents may be examined at the office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Pool Tech Midwest, Cedar Rapids, Iowa, by bona fide bidders. A $50 fee, $25 of which is refundable, is required for each set of plans and specifications provided to bidders or other interested persons. The fee shall be in the form of a check, made payable to Pool Tech Midwest. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. Bidders shall list on the Form of Proposal the names of persons, firms, companies or other parties with whom the bidder intends to subcontract. This list shall include the type of work and approximate subcontract amount(s). The Contractor awarded the contract shall submit a list on the Form of Agreement of the proposed subcontractors, together with quantities, unit prices and extended dollar amounts. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all reasonable, good faith efforts to recruit MBE's. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. By virtue of statutory authority, preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals, and also reserves the right to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN K. KARR, CITY CLERK