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HomeMy WebLinkAbout1999-01-26 OrdinanceDEFEATED Prepared by: Scott Kugler, Associate Planner 410 E. Washington Street, Iowa City, IA 52240; 319-356-5243 ORDINANCE NO. AN ORDINANCE DESIGNATING PROPERTY LOCATED AT 2 S. LINN STREET, COMMONLY KNOWN AS THE HARMON BUILDING, AS AN IOWA CITY HISTORIC LANDMARK. WHEREAS, the Historic Preservation Commission has reviewed and evaluated the significance of the property located at 2 S. Linn Street, commonly known as the Harmon Building, and has determined that it meets the requirements for designation as an Iowa City Historic Landmark; and WHEREAS, at its public hearing on November 12, 1998, the Historic Preservation Commission nominated the subject property for designation as an Iowa City Historic Landmark; and WHEREAS, at its meeting of December 17, 1998, the Planning and Zoning Commission recommended denial of the proposed landmark nomination; and WHEREAS, the State Historical Society of Iowa has reviewed said nomination and concurs with the assessment of the Historic Preservation Commission that the subject property meets the criteria for designation as a historic landmark; and WHEREAS, the designation of the subject property would be consistent with the goals and objectives of the City's Historic Preservation Plan, which has been incorporated as part of the City's Comprehensive Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. The following described property is hereby designated as an Iowa City Historic Landmark pursuant to Title 14, Chapter 4, Land Control and Development, Article C, Historic Preservation Regulations: Beginning at the northwest corner of Lot 4, Block 61, Original Town Plat. Iowa City, Iowa; thence along the north line of said Lot 4 a distance of 80 feet to the northeast corner of Lot 4, thence south along the east line of said Lot 4 a distance of 67.35 feet, Ordinance No. Page 2 DEFEATED thence westerly to a point intersecting the west line of said Lot 4; thence north along the west line of said Lot 4 a distance of 67.48 feet to the Point of Beginning. SECTION II. REPEALER. All ordinances and pads of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION Ill. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconsti- tutional. SECTION IV. EFFECTIVE DATE. This Ordi- nance shall be in effect after its final passage, approval and publication, as provided by law. Passed and approved this day of ,1999. MAYOR ATTEST: CITY CLERK ci r°v DEFEATED Ordinance No. Page It was moved by and seconded by Ordinance as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kubby Lehman Norton O'Donnell Thornberry Vanderhoef that the First Consideration 1/26/99 Vote for passage:AYES: Kubby. O'Donnell, Thornberry, Vanderhoef. Second Consideration Vote for passage: NAYS: Champion, ABSENT: None. Lehman, Norton, Date published Todd Kimm 3405 First Avenue SE, Apt #3 Cedar Rapids, Iowa 52402 Iowa City City Council 410 East Washington Street Iowa City, Iowa 52240 Dear Mayor and Council Members: I am writing to respectfully ask that you would save the Harmon Building and Eastlawn, two one-of-a-kind historic structures that can never be replaced once demolished. I was born and raised in this area, and received both my undergraduate and graduate degrees from the University of Iowa. These buildings are important to people like me, and they help make Iowa City what it is, a forward-thinking community with rich ties to the past. Please take a quick look at the enclosed article that appeared in Des Moines' Cityview. The story details efforts to preserve historical structures in Des Moines and how those efforts have contributed to economic vitality. I have highlighted key sections (the most succinct being on the third page), but one thrust of the article is that cities across the country are coming to understand the value of old architecture in attracting businesses and customers to retail districts. More and more, people crave the character and authenticity that areas like this offer. Please don't take away the very things that make downtown Iowa City unique and worth visiting. Please join in the concern of the Iowa Historic Preservation Alliance and save these buildings. I promise you that not too far down the line your foresight will become apparent and you will be remembered for doing a brave thing, a much better scenario than the regret we'll all feel when these buildings are gone forever. Thank you for your consideration. Sincerely, Todd Kimm Enclosures Tz- E ..............................OF COURT KzNG WILL JAVA JOE COPPOLA BE COURT AVENUE'S SALVATION? OR IS HE THE FLY IN THE piNT, STANDING IN THE WAY OF REDEVELOPMEN'T? THE ANSWER, IT SEEMS, DEPENDS UPON WHOM YOU ASK. By Brenda Fullick Ever notice how people grabbing a latte at Java Joe's seem somehow smarter, slightly more vibrant, just a little more colorful than they did walking down the sidewalk a few moments before? Consider the coffeehouse as a microcosm of Des Momes' collective fantasy: a neighborhood filled with the kind of oftbeat, funky, intellectually engaging shops and studios that would feed our souls and help us see our lives as performance aft. The kind of place that would sate our cravings for the urban experience and teach u~, that Des Moines can be every bit as good as any other city. Standing in the middle of it all is Joe Coppola Jr., who manages Coppola Properties: the west side of Fourth Street between Walnut Street and Court Avenue, plus about 15 other old buildings ideally suited to house the cultural renaissance this city is waiting for. He and his wife, Cindy, own Java Joe's. Some say Coppola has done the city huge favors, both by helping to'save old architecture and by working industriously to midwife the Court Avenue District of our communal dreams. Others say Coppots is self-serving, keeping his rents high and pushing for changes that would make the family's real estate more valuable. "I would say both of them are true," says Michael Woinerman, who handles downtown leasing and sales for Coldwell Banker Mid- America Group hiton. 'He's a businessman down there, isn't ha? He wants his business to thnveY There's nothing wrong with making a profit while making the city a better place, Wolerman says. "I think he's just out there to make sure "I think I have always attached myself to the uniqueness of the buildings and thought that they were well worth preserving." we have a nice, viable, downtown Des Moines," Wolnerman says. "I think he's a great guy." FAMILY JEWELS To understand Coppola, you have to understand his father, the late Joe Sr. And mo~t people didn't understand Joe Sr. Coppola's father was a self-made man, amassing the family's real-estate empire with hard work bordering on obsession, plus a steely tenacity in negotiations. He loved old buildings. When he sold buildings or rented them out, he was known for commanding a hefty price -- even in blighted areas that could have hene~ted from a few eady breaks and elbow grease. "1 must admit, I thought he wasn't getting the big picture,' says former restaurateur Jeff Aden, who once owned Julio's. But "at least the buildings still exist. They're not the ones to buy and tear down." The Coppola strategy has been to buy old buildings, sit on them, and later sell them at a profit, Wolnerman says. "They've got a real interesting niche of a game plan. That's)ust their way of making their money." Still, Joe Sr. took risks that other businessmen wouldn't. And he stared down those developers who valued steel and glass over age and character, "I'm convinced Doe St] saved the Kirkwood from being tom down," says Des Moines City Coundl member George Flagg. Some of Joe Sr.' s moves may have been based more on emotion than any hunt for profit: With the Kirkwood's limited parking and crumbling interior, no out-of-town developer would have saved it from the wrecking hall, Flagg says. At one point, the city planned to demolish it. Without Joe St, the Kirkwood "would have died by the wayside, and you would never have h,. historic district," Flagg Most of the dty's historic hotels have been torn do~ 'I think the Coppolas are about 98 percent responsi for saving what old buildings we have." Woherman agrees. "1 would say without the. Coppolas around, a lot ot that [historic] property would have been ruined.' ]oe St "was a difficult negotiator, and a wise ma says Rich Murilio, an ow~ of Nacho Mammas and Stella's: "There were a lot of people who dk know how to deal with him." The real-estate baron had a reputation a~- slumlord. The city named Joe Sr. and his wi~ Marguerite, in a contempt lawsuit in Februa for failing to tear down crumbling buiiding~ Sixth and Forest as fast as the city would ha wanted. But at the same time, Joe St. was known a soft touch among the down and out. And his Randolph Hotel houses low-income tenants who might not find housing anywh else. Joe St. happily supported noble causes. When Lost Souls Caf~ proprietors Dan [nzeo and Jules Wesllegeard wanted to open hangout for young people, the Coppolas we right there, helping them get zoning approv. and understanding when fi~ey couldn't mak rent in the beginning. "We have been treated very weU,' Westegaard says. "Joe St drove by every single day, just to check on thin~.' Such oversight couki have felt invlsive. But Westegeard saw the patiOarch as relentlessly supportive. 'it was awesome. H, wa~a. grumpy, c~ty old man, but I love~ hi~rly." The late Joe Coppola Sr. proved enigmatic - a tough businessman with a soft spot for old buildings and needy people. A LEGACY OF BRICKS Since the death of Joe Sr. in April, the. attention has shifted to his 47-year~old namesake, who is uniquely positioned to lead the development of the Court Avenue District. Joe Jr. grew up working for hi's dad in the real-estate business. At the same time, he has been a casual but lifelong student of the structures behind the thriving cultural neighborhoods in other, hipper cities. t In 1973 and '74, he was in Madison, Wis., figuring 6ut what made that town special. He also watched the unfolding of Old Town in Omaha, which cashed in on its old, once underused.. buildings. "It took them 20 years to get to where, now, they're ~ibrant.' Since the early '70s, Joe Jr. has bedn thinking about how Des Moines could grow into something organic and urban, too. 'I guess I've been a downtown enthusiast for a long time," he says. 'I think I have always attached myself to the uniqueness of the buildings and thought that they were well worth preserving." Joe Jr. has served on boards and committees for a couple decades now, trying to pump more life into Court Avenue. Like his father, he loved old buildings; unlike his father, be saw the value of using outdoor entert~ainment to draw patrons. "His father was from a different era," Aden says. This summer, Joe Jr. led the fight against the skywalk at the new $40 million entertainment complex planned for Court Avenue, all the while marveling at the amount of. public involvement in the debate. He also 701z 19th gtreet in gherman I4ill 515-245-9 65 OPEN 7 DAY~ LAn Nnem' HAm 1306 Grand 5-9 p.m. Wednesdays ONLY EVENT5 AMEI ICA ANY TiCkets ANY Time ASH? borcycle, boats or ',equires motor vehicles). $'9660 roperty. ..,C_AsHING,,,,,P.L..u_S ~ant cash, post-dated checks, insurance, government, credit card advances 288-1181 Second Avenue 8 3'336 takes heart. i.n' the Farmer's Market (one of his pet projects), which "has shown how urban we can be more often." Across the country, urban p]annen are finding that the most thriving, unique retail communities nestle themselves in neighborhoods with the type of eccentric old brickwork found on Court Avenue. Some of these neighborhoods are nurtured with elaborate government financing plans; some sprout by themselves. Many northern cities came late to understanding the value of old architecture, tearing dowri buildings in a misdirected stab at progress. But Joe Jr. has known this for years. His brain activity seems equally divided between the subjects of old buildings and community development. 'I collect architectural salvage," those finishing touches that help make old buildings unique. "In Europe, they celebrate it, and here they demolish it," he says. Yet he's no hisforical purist. He ponders how to use old architecture for contemporary ventures. "The idea is t6 make it work in today's environment," he says, "and yet keep the culture." But what should those ventures be? Art studios? Working artists? Book stores? And should there be more public music programs, like Jazz in July? Pondering such issues "commands a major portion of my time," Coppola acknowledg6s. "These are broad questions, and there are no easy answers." THE NAYSAYERS The young Coppola has certain enemies in this town, people who say behind his back that he cares only about building the family empire and making a profit. They say that if he really wanted to spur development on Court Avenue, he'd lower his rent and sale prices. "There are just people that feel for as much as he's been willing to work to resolve the issues, he's been part of the problem al/the i"The cost doesn't alway~t:mlmn p.r~?," h~s. 'It's been ~ugh." A reviving downto~ may need an incubator environment with subsidized rents, small spaces and shared expenses, says Wolne~an. But as a businessman, Coppola isn't willing to give eve~one the same break he's giving to, say, the A~ Emporium, a cooperative staffed by volunteers. In genenl, "I th~ their prices are at market rates," Wolne~an says. ~is, ce~ain p~ple f~d a~oy~g. "For ~me ~a~n in this ~, ~ere is an anim~i~ towa~ ~eir family. I c~'t explain why," Westegaa~ ~ys. ,~ many ~ople ~y D~ Jr. is a~ve in ~e co~i~] just ~cau~ ~ey have a ves~d ~te~st ~ their propels. Baloney.~ ~veral leaden did not ~m ~lls on ~e subj~. ~hen did not have the ~te~ to state on record what ~ey ~y ~h~d do~ d~n. U~o~tely, ~me of ~ p~ple ~em to be co~s~g the father wi~ ~e 'I ~ in all h~es~, it's ~e father" that people ~ve had compla~ a~ut, Hensley ~y~ 'I t~ J~ Jr. now, ~ ~e ab~nce of ~s faker, ~ berg judg~ acco~g to ~e mputa~om ~d a~afiom ~ father had," a~ MU~llo, who fi~t ~nt~ ~m the Coppol~ in 1978. ,~ a ~sult, I'm not m su~ J~ Jr. ~ berg dealt wi~ fairly." ~ich ~ im~c, bemuse J~ Jr. may be uniquely pois~ to help Cou~ Avenue ~d its way. J~ Jr.'s visio~ for Cou~ Avenue am "ve~ ~ visiom, and I't~ the~ shar~ by a lot of people," Mu~llo ~. '~oe's always had a ve~ s~ng belief and p~l~phy ~at the ~sto~cal na~ of this neighborh~ should be maintainS.' Traditionally, ~e fa~y has owned and managed prope~ies, w~ch is diffe~nt from being a developer, Mu~llo ~ys. Chris~ne Hensley. "From my pe~pective, he's he ~ys. "I t~nk he would ~ke to be a been positive. You do hear the other ex~me." develo~r, and I th~k he p~bably will be a ' Coppola says ~s ~n~ mn ~ ~d $5 per developer. But them's a ~ansifion stage now." square f~t -- a deal compa~d to the $30 per In the past, J~ Jr. has worked under his squa~ f~t charged in ~me of the high-d~ father, Murillo ~ys. With his father gone, 'I office spaces. He po~ts to renovation costs, t~nk now you'~ ~ally going to find out what and his tax toa~ of ~ to ~ a month for Prepared by: John Yapp, Associate Planner, 410 E. Washington Street, Iowa City, IA 52240; 319-356-5247 ORDINANCE NO, ORDINANCE CONDITIONALLY CHANGING THE ZONING DESIGNATION ON A 8,740 SQUARE FOOT PROPERTY LOCATED AT 703 BENTON COURT FROM MEDIUM DENSITY SINGLE-FAMILY RESIDENTIAL (RS-8) TO HIGH DENSITY MULTI-FAMILY RESIDENTIAL (RM-44). WHEREAS, Christian Retirement Services, owner of Oaknoll Retirement Center, owns the property at 703 Benton Court located in the RS-8 zone; and WHEREAS, approximately two years ago, a parking lot was permitted on the property at 703 Benton Court as a temporary use while an addition to the Oaknoil facility, which displaced on- site parking, was being constructed; and WHEREAS, Christian Retirement Services desires to make the parking lot at 703 Benton Court permanent following completion of the addition to the Oaknoll facility, which permanent use requires the rezoning of the property to RM- 44, the same zoning as Oaknoll Retirement Center, to which the parking lot is an accessory use; and WHEREAS, Iowa Code 415.5 (1997) provides that the City of Iowa City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, to satisfy public needs directly caused by the requested change; and WHEREAS, Christian Retirement Services acknowledges that certain conditions and restrictions are reasonable, in the form of a Conditional Zoning Agreement, to ensure appropriate future development of the property, particularly with respect to the residential uses to the south and the west; and WHEREAS, Christian Retirement Services has voluntarily offered to place restrictive covenants on the property which have the affect of limiting the use of the property to a parking lot, unless a development plan is submitted and approved by the Planning & Zoning Commission and the City Council, following public notice and a public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWa: SECTION I. APPROVAL. Subject to the terms and conditions of the Conditional Zoning Agreement, attached hereto and incorporated by Ordinance No. Page 2 reference herein, the property legally described below is hereby redesignated from its current zoning of RS-8 to RM-44; Lot 11 and the north 14 feet of Lot 12 of Streb's First Addition to Iowa City, Iowa. SECTION II. ZONING MAP. Upon final passage, approval and publication of this ordinance as provided by law, the Building Official is hereby authorized and directed to change the zoning map of the City of Iowa City, Iowa, to conform to this conditional zoning change. SECTION III. CONDITIONAL ZONING AGRFEMENT. Following final passage and approval of this ordinance, the Mayor is hereby authorized and directed to sign, and the City Clerk to attest, the Conditional Zoning Agreement between the applicant and the City. SECTION IV. CERTIFICATION AND RECORDING. The City Clerk is hereby authorized and directed to certify a copy of this ordinance which shall be recorded by the owner at the office of the County Recorder of Johnson County, Iowa, upon final passage and publication as provided by law. SECTION V. REPEALER. All ordinances and parts of ordinances in conflict with the provision of this ordinance are hereby repealed. SECTION VI. SEVERABILITY. If any section, provision or part of this ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VII. EFFECTIVE DATE. This ordinance shall be in effect after its final passage, approval and publication, as required by law. Passed and approved this day of ,1999. MAYOR A'I'rEST: CITY CLERK ppdadmirVoreVoaknoll.doc CONDITIONAL ZONING AGREEMENT THIS CONDITIONAL ZONING AGREEMENT is made by and between the CITY OF IOWA CITY, IOWA, a municipal corporation (the "City") and CHRISTIAN RETIREMEdNT SERVICES, INC., an Iowa nonprofit corporation ("CRS"). WHEREAS, CRS has requested that the City rezone approximately 8,740 square feet of property located at 703 Benton Court, Iowa City, Iowa (the "Real Estate") from RS-8 to RM-44zoning classification under the Ordinances of the City; and WHEREAS, the proposed rezoning will allow the development of the Real Estate in a manner which may be incompatible with the use of surrounding properties; and WHEREAS, Iowa Code Section 414.5 (1997) provides that the City may impose reasonable conditions on granting an applicant's rezoning request, over and above existing regulations, in order to satisfy public needs directly caused by the requested change; and WHEREAS, the existing use of the Real Estate as a parking lot, permitted as a temporary use during construction by CRS on adjacent property which temporarily eliminated parking on such adjacent property, is a use which is compatible with existing conditions in the neighborhood and would conform to all applicable requirements of the RM-44 zoning classification upon the removal of the four parking spaces closest to Benton Court to meet setback requirements and the appropriate landscaping and screening of that area; and WHEREAS, CRS acknowledges that certain conditions and restrictions are reasonable to insure appropriate use of the Real Estate, particularly with respect to lower density uses of the real estate located to the south and west of said property; and WHEREAS, CRS has agreed to use the Real Estate in accordance with the terms and conditions of this Conditional Zoning Agreement to address the above-referenced issues. NOW THEREFORE, in consideration of the mutual covenants, agreements, stipulations and conditions herein contained, the parties agree as follows: 1. The placement, height and design of any structure on the Real Estate must be compatible with the residential neighborhood to the west and south of the Real Estate, and must be submitted to and approved by the City. In the event of the desire of CRS, its successors or assigns, to construct or otherwise place any structure upon the Real Estate, such owner must submit a Development Concept Plan to the Department of Planning and Community Development prior to development. The Director of Planning and Community Development shall review and evaluate such concept plan based on the criteria listed above, the City's then-existing development ordinances and other conditions existing in the neighborhood in which the Real Estate is located. The Director shall complete such review.within the 21-day period provided by City Code and shall submit a report of such review to the Planning and Zoning Commission. The Commission shall review such report and conduct such further study as it deems appropriate and shall submit such review and recommendation to the City Council, which shall act thereon in the same manner as if an appeal had been taken from a decision of the Director with regard to a site plan. 2. CRS acknowledges that the conditions contained herein are reasonable conditions to impose on the Real Estate and under Iowa Code 414.5 (1997) and that said conditions satisfy public needs which are directly caused by the requested zoning change. 3. CRS acknowledges that, in the event any portion of the subject property is transferred, sold, re-developed or subdivided, all development and re- development will conform with the terms of this Conditional Zoning Agreement, regardless of whether recited in any subsequent transfer documents. 4. The parties acknowledge that this Conditional Zoning Agreement shall be deemed to be a covenant running with the land and with the title to the land, and shall remain in full force and effect as a covenant running with the title to the land unless or until released of record by the City and may not be superseded or avoided by separate private covenants not recorded and not within the City's knowledge. The parties further acknowledge that this agreement shall inure to the benefit of and bind all successors, representatives and assigns of the parties. 5. CRS acknowledges that nothing in this Conditional Zoning Agreement shall be construed to relieve the owner from complying with all applicable local, state and federal regulations. 6. The parties agree that this Conditional Zoning Agreement shall be incorporated by reference into the ordinance rezoning the subject property,, and that upon adoption and publication of the ordinance, this agreement shall be recorded in the Johnson County Recorder's Office at the expense of CRS. 7. It is understood that CRS has contemporaneously placed Protective Covenants and Restrictions (the "Covenants") on the Real Estate for the benefit of the City, which Covenants are incorporated herein by this reference. Nothing herein contained shall be deemed to negate or supersede the Covenants, and CRS agrees to satisfy all conditions herein and in the Covenants. DATED at Iowa City, Iowa this day of ,1998. CITY OF IOWA CITY, IOWA By: Ernest W. Lehman, Mayor By: Marian IC Karr, City Clerk "City" CHRISTIAN RETIREMENT SERVICES, INC. ornl By: Cesiden~j~t Secretary 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On '~ds day of , 1999, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marlan 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 corporation executing the within and foregoing instrument, that the seal affixed thereto is the seal of the corporation; that said instrument was signed and sealed on behalf of the corporation by authority of its Board of Directors; and that Ernest W. Lehman and Marian K. Karr as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ' ) ) ss: JOHNSON COUNTY ) On this ]~ day of January, 1999, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Craig Welt and Sister Agnes Giblin, to me personally known, who being by me duly sworn, did say that they are the President and Secretary respectively, of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Craig Welt and Sister Agnes Giblin as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily..~executed.  PATRICIA HEIDEN RINGHAM My Commission ~ 4 PROTECTIVE COVENANTS AND RESTRICTIONS KNOW ALL PERSONS BY THESE PRESENTS that the undersigned, CHRISTIAN RETIREMENT SERVICES, INC., an Iowa nonprofit corporation ("CRS") being the owner of the following described real estate located in Iowa City, Johnson County, Iowa, to-wit: Lot 11 and the north fourteen (14) feet of Lot 12 of Streb's First Addition to Iowa City, Iowa, according to the recorded plat thereof, for its benefit and the benefit of the City of Iowa City, Iowa, a municipal corporation (the "City"), hereby imposes the following covenants and restrictions on said property as covenants running with the land, and with such force and effect as if conveyed in each subsequent conveyance of said premises, or any part thereof, or any transfer of said premises occurring by operation of law: 1. Said premises shall be utilized only for surface parking purposes in conjunction with the operation of Oaknoll Retirement Residence owned and operated by CRS on certain adjacent real estate, said parking to be utilized for the exclusive benefit of residents, employees, visitors and other invitees to Oaknoll. No rental of parking spaces upon said premises, other than to residents or employees of Oaknoll, shall occur. 2. The design, screening, setbacks and all other aspects of the surface parking lot maintained upon the above-described real estate shall, at all time, conform to the requirements of all applicable ordinances of the City. 3. No change in the use of the above described premises shall be made by CRS except upon application to the City, such application to set forth the proposed use of said real estate accompanied by a site plan meeting all requirements for site plans contained in the Code of Ordinances of the City. Following such ~ing, the same shall be considered and acted upon in the same manner as is prescribed for preliminary plats under the requirements of Sections 14-7B-2(E)(2), (4) and (5) of the Code of Ordinances of the City. 4. These covenants are to run with the land and shall be binding upon CRS and all persons claiming by, through or under CRS for the maximum time period permitted, from time to time, under the laws of the State of Iowa. If CRS or its successors or assigns violate or attempt to violate any of the covenants or restrictions herein before the expiration thereof, the City may undertake any proceeding at law or in equity against the person or persons violating or attempting to violate any such covenants and restrictions and (a) secure an injunction preventing such party or parties from further violation of said covenants and/or (b) recover damages, costs and other sums due by reason of such violation or violations. The foregoing remedies shall be in addition tol and not in limitation of, any other remedies which may be available to the City by virtue of any such violation. 5. Invalidation of any of these covenants by judgment or court order shah in no way affect any of the other provisions hereof which shah remain in full force and effect. .; DATED at Iowa City, Iowa this //~ day of .-r/;c~u-u-u-u-u-u-u-u-u-u~ ,199~. CHRISTIAN RETIREMENT SERVICES, INC. B y' ~ ) ident~~' By: d'-~t~/9 ~ Sister Agnes Glli~71in"n,~,n, Secretary STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this I~ day of ~...x/~-~-~-~ . 1998, before me, the undersigned, a Notary Public in and f f' the State/of Iowa, personally appeared Craig Welt and Sister Agnes Giblin, to me PTdonally Iraown, who being by me duly sworn, did say that they are the President and Secretary respectively, of the corporation executing the within and foregoing instrument, that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Craig Welt and Sister Agnes Giblin as officers acknowledged the execution of the foregoing instrument to be the voluntary act and deed of the corporation, by it and by them~v,~oluntarily executed. PATRIOIA HI::IDEN I~y GommLs,skm ~ 2