HomeMy WebLinkAbout2000-02-17 Resolution Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO.
RESOLUTION TERMINATING AN AGREEMENT FOR TEMPORARY USE OF
PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, GENE L.L.C.,
OLD FEED STORE ASSOCIATES, AND GILBERT STREET INVESTORS, L.I...C.
FOR PORTIONS OF COURT AND LINN STREETS AND THE WEST HALF OF
THE ALLEY ADJACENT TO OWNERS' PROPERTY RUNNING NORTH AND
SOUTH BETWEEN BURLINGTON AND COURT STREETS, IOWA CITY, IOWA.
WHEREAS, on September 28, 1999, by Resolution No. 99-342 the City Council approved
and authorized the execution of an agreement for temporary use of public right-of-way
between the City of Iowa City, Gene L.L.C. ("Owner"), Old Feed Store Associates, and
Gilbert Street Investors, L.L.C. (Neighboring Property Owners), for portions of Court and
Linn Streets and the west half of the alley adjacent to owners' property running north and
south between Burlington and Court Streets, Iowa City, Iowa; and
WHEREAS, temporary closure of said right-of-way had been requested by the Owner for
purposes of facilitating construction of a new apartment building located on real estate at the
corner of Court and Linn Streets legally described as the south five feet of Lot 10, and all of Lots
11, 12, 13, and 14 in Johnson Subdivision of Outlot 24 in Iowa City, Iowa; and
WHEREAS, Old Feed Store Associates and Gilbert Street Investors, L.L.C. own property to the
east of said alley and were parties to said agreement due to their desire to ensure that they and
their tenants have reasonable and adequate access to their properties during the closure of said
right-of-way; and
WHEREAS, the Owner has breached said agreement by repeatedly occupying the entire alley
when only authorized to use the west half of the alley in said agreement; and
WHEREAS, on February 15, 2000 a meeting of the parties was held and an amendment to said
agreement was entered into to ensure access to the abutting property owners and the public use
of the city right-of-way, and to avoid rescinding the original agreement and litigation which could
end or delay further construction by the Owner and Contractor, said amendment being signed by
the Owner and Contractor on February 15, 2000; and
WHEREAS, on February 16, 2000 the east half of the alley was blocked by the Contractor's truck,
in violation of the parties' agreement, as demonstrated by the Affidavit of Dwight Bode attached
hereto and incorporated herein by reference; and
WHEREAS, pursuant to Paragraph 14 of said agreement Owner must cease and desist its
temporary use and closure of the right-of-way and remove any and all obstructions from the right-
of-way when a breach of the agreement occurs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
Resolution No.
Page 2
1. Said agreement for temporary use of public right-of-way is hereby terminated due to Owner's
breach of said agreement and Owner is directed to cease and desist its temporary use and
closure of all public right-of-way and to remove any and all obstructions from the right-of-way.
2. The City Manager, or designee, in consultation with the City Attorney, is hereby authorized to
take such action as necessary to enforce this termination of said agreement and to ensure
unobstracted use of the right-of-way.
3. If Owner fails to remove any obstructions, barricades, or signage from the public right-of-way,
the City shall remove the obstructions, barricade, or signage, and the cost thereof shall be
billed to the Owner for payment to the City. Upon Owner's failure to pay said billing, the
removal cost shall be certified to Johnson County as a statutory lien and assessed against the
property and collected in the same manner as a property tax pursuant to Section 14 of said
agreement.
Passed and approved this day of ,20
MAYOR
A'I'I'EST: , 7---!/._p ,- 0'0
GITY GLERK
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
Wilbum
eleanor/res/courtlinn.doc
AFFIDAVIT
I, Dwight Bode, do hereby depose and state that I am an
officer of GiLbert Street Investors, L.L.C., and a signor of an
Amendment between Gene L.L.C., the City of Iowa City, and Old
Feed Store AsSociates dated September 27, 1999, and an Amendment
to that agreement dated February 15, 2000.
I further state that on February 16, 2000 at approximately
10:.15 a.m.I. i~bserved a Knutson Construction truck par~.ed'
diagonally ~c.~oSS' two .of my marked tenant 'a~d =customer ipa:rk'ing
spaces and ~H.~ east side of the alley to the rear of my property.
The truck was still there at 10:30 a.m. There was no driver in
the truck. I asked a nearby laborer the name of the person in
charge of traffic control, and the laborer did not know. I have
not received notice from Knutson Construction or Gene L.L.C. of
the name and phone number of someone to contact concerning
traffic problems.
I believ~ that this constitutes a violation of bot. h
Agreements, 'and =that Knutson Construction and Gene, L.L.C. should
be assessed :a~ $100 penalty.
Dated th'~s B~~ day of February, 2000.
DWIG BODE
/
STATE OF IOWA~ JOHNSON COUNTY, ss:
L d f f , 20~, before me, the
On this ~ ay o
undersigned,' a Notary Public said County and state,
personally apbeared Dwight Bode to me known. to be the identical
person named '..in and who executed the within and foregoing
instrument, =and acknowledged that he executed the same .as his
voluntary adt'~ and deed.
N .... A
T
alley. affidavit. bode
It 'a 6OO~9S£6 Ol W~I-4 Plt~ N~HONOH WO~4-a WaOI :EI 000E-gI-EO
Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 52240 (319)356-5139
RESOLUTION NO. 99-342
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF AN
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, GENE L.L.C., OLD FEED STORE ASSOCIATES
AND GILBERT STREET INVESTORS, L.L.C. FOR PORTIONS OF COURT AND
LINN STREETS AND THE WEST HALF OF THE ALLEY ADJACENT TO
OWNER'S PROPERTY RUNNING NORTH AND SOUTH BETWEEN
BURLINGTON AND COURT STREETS, IOWA CITY, IOWA
WHEREAS, Gene, L.L.C., is the fee owner of certain real estate described as the south five feet of
Lot 10, and all of Lots 11, 12, 13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City, Iowa;
and
WHEREAS, Gene, L.L.C., hereinafter "Owner, will be undertaking construction of a new
apartment building located in Iowa City, Iowa on real estate legally described as the south five feet
of Lot 10, and all of Lots 11, 12, 13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City,
Iowa; and
WHEREAS, Owner's construction will take place adjacent to their property along the north edge of
Court Street and the east edge of Linn Street, and Owner wishes to facilitate the safe execution of
said construction and to secure the construction site from pedestrian traffic to assure safe passage
of such traffic in the area; and
WHEREAS, Owner has requested the City permit the temporary closure of portions of the right-of-
way on the north side of Court Street between Gilbert and Linn Streets, the east side of Linn Street
between Burlington and Court Streets, and the west half of the alley adjacent to the owner's
property running north and south between Burlington and Court Streets; and
WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of
public right-of-way; and
WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of
portions of the dght..of-way on the north side of Court Street between Gilbert and Linn Streets, the
east side of Linn Street between Court and Buffington Streets, and the west half of the alley
between Burlington and Court Streets, all adjacent to Owner's property, and finds the temporary
closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary
closure is in the public interest; and
WHEREAS, Old Feed Store Associates and Gilbert Street Investors, L.L.C. own property to the
east of said alley and desire to ensure they and their tenants have reasonable and adequate
access to their properties dudng the closure of said right-of-way; and
WHEREAS, an agreement for the temporary use of the Court and Linn Streets and alley public
right-of-way containing certain conditions has been negotiated.
Resolution No. 99-342
Page 2
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1. It is in the public interest to temporarily close a portion of City right-of-way adjacent to Owner's
property along the north edge of Court Street, the east edge of Linn Street and the west half of
an adjacent alley running north and south between Burlington Street and Court Street in Iowa
City, Iowa in order to assure a safe construction site for the construction of an apartment
building, and thereby insure public safety. The temporary right-of-way closing as described in
the Agreement for Temporary Use of Public Right-of-Way attached hereto shall take effect
beginning September 29, 1999 and end upon substantial completion of the construction, but
no later than September 1,2000.
2. The Agreement for Temporary Use of Public Right-of-Way attached hereto and incorporated
by reference herein is hereby approved as to form and content, and the Mayor is hereby
authorized to execute and the City Clerk to attest said Agreement for and on behalf of the City
of Iowa City, for recordation in the Johnson County Recorders Office, at Owners expense..
Passed and approved this 28th day of September ,1999.
C City Attomey's Office
It was moved by Thornberry and seconded by 0' Donnel 1 the Resolution be
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Champion
X Kubby
X Lehman
X Norton
X O'Donnell
x Thomberry
x Vanderhoef
pweng~es~genellc.doc
Prepared by: Kim Johnson, Engineering, 410 E. Washington St., Iowa City. IA 52240 (319) 356-5139
AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN
THE CITY OF IOWA CITY, GENE L.L.C., OLD FEED STORE ASSOCIATES
AND GILBERT STREET INVESTORS, L.L.C, FOR PORTIONS OF COURT AND
LINN STREETS AND THE WEST HALF OF THE ALLEY ADJACENT TO
OWNER'S PROPERTY RUNNING NORTH AND SOUTH BETWEEN
BURLINGTON AND COURT STREETS, IOWA CITY, IOWA
This Agreement is made by and between Gene L.L.C., hereina~er referred to as "Owner", the City
of Iowa City, Iowa, a municipal corporation, hereinafter referred to as "City," and Old Feed Store
Associates and Gilbert Street Investors L.L.C., hereinafter referred to as "Abutting Property
Owners ."
WHEREAS, Gene, L.L.C., is the fee owner of certain real estate described as the south five feet of
Lot 10, and all of Lots 11, 12, 13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City, Iowa;
and
WHEREAS, Owner will be undertaking construction of a new apartment building located in Iowa
City, Iowa on real estate legally described as the south five feet of Lot 10, and all of Lots 11, 12,
13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City, Iowa; and
WHEREAS, Owner's construction will take place adjacent to its property along the north edge of
Court Street, the east edge of Linn Street and the west half of the alley running north and south
between Burlington and Court Streets, and Owner wishes to facilitate the safe execution of said
construction and to secure the construction site from pedestrian traffic to assure safe passage of
such traffic in the area; and
WHEREAS, Owner has requested the City permit the temporary closure of portions of the right-of-
way on the north side of Court Street between Gilbert and Linn Streets, the east side of Linn Street
between Burlington and Court Streets, and the west half of the alley adjacent to Owner's property
between Burlington and Court Streets; and
WHEREAS, the City of Iowa City, Iowa is responsible for the care, supervision, and control of
public right-of-way; and
WHEREAS, the Department of Public Works has reviewed the proposed temporary closure of
portions of the right-of-way on the north side of Court Street between Gilbert and Linn Streets, on
the east side of Linn Street between Court and Budingt0n Streets, and the west half of the alley
between Burlington and Court Streets, all adjacent to Owner's property, and finds the temporary
closure to be a minimal intrusion into the public right-of-way, and also finds that such temporary
closure is in the public interest.
WHEREAS, Abutting Property Owners own property to the east of said alley and desire to ensure
they and their tenants have reasonable and adequate access to their properties during the closure
of said right-of-way.
NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN, THE
OWNER AND CITY AGREE AS FOLLOWS:
2
1. Owner is the fee owner of certain real estate described as the south five feet of Lot 10, and
all of Lots 11, 12, 13 and 14 in Johnson's subdivision of Outlot 24 in Iowa City, Iowa, and
Owner will be undertaking construction of a new apartment building located on the
property along the north edge of Coud Street; the east edge of Linn Street and the west
edge of the adjacent alley running north and south between Burlington and Court Streets.
In order to facilitate the safe execution of said construction and to secure the construction
site from pedestrian traffic, Owner has requested the City permit the temporary closure and
use of portions of the right-of-way on the north side of Court Street between Gilbert and
Linn Streets, the east side of Linn Street between Burlington and Court Streets, and the
west half of the adjacent alley between Burlington and Court Streets.
2. In consideration of the City's permission herein to temporarily close City right-of-way dudng
construction of the apartment building as described in paragraph 1 above, and detailed in
Exhibit A, Owner agrees to secure its construction site against pedestrian and public traffic
by providing adequate traffic control, by providing adequate signage, and by fencing all
open excavation while the contractor is not working, thereby ensuring public safety and a
safe construction site.
3. Owner agrees to provide, keep in place, and maintain in good working condition certain
signage necessary to do the following:
a. route vehicular traffic and pedestrians
b. provide advance waming.
c. provide for the ordedy and predictable movement of traffic.
All signage shall be in accordance with the Federal Highway Administration Manual on
Uniform Traffic Control Devices.
4. The City agrees to allow Owner to temporarily close a podion of the right-of-way adjacent
to Owner's property along the north side of Court Street between Gilbert and Linn Streets,
the east side of Linn Street between Burlington and Court Streets, and the west half of said
alley, as depicted in Exhibit A. The parties acknowledge that the closure of the ten (10)
foot-wide portion of City street along the east side of Linn Street, as currently dedicated to
metered on-street parking, will be done to minimize interference with traffic flow along the
east side of Linn Street and to provide a staging area dudrig construction.
5. Owner agrees, prior to any closure of the alley right-of~way, to remove all utility poles in
said alley right-of-way as depicted in Exhibit A, and to relocate all above ground utility
widng and transmission equipment underground by boring at Owners expense.
Installation underground will require an excavation in the alley right-of-way, although the
excavation will not necessitate the closure of the alley at any time. Owner agrees to
reconnect all utilities which were relocated underground or disturbed during construction to
the businesses and properties affected and to coordinate all utility outages with all affected
property owners and tenants.
Disconnection and connection of all utilities including, but not limited to the telephone, shall
be done between the hours of one o'clock a.m. and six o'clock a.m. so as not to disrupt the
businesses east of the alley.
6. Owner shall erect barricades ten (10) feet west of the east curb line adjacent to their
property along Linn Street, five (5) feet north of the north curb line adjacent to their
property along Court Street, and ten (10) feet east of the west right-of-way line of the
adjacent alley as depicted in Exhibit A.
3
7. Pdor to any closure of the alley right--of-way Owner shall expand the northeast comer of
the alley return at Court Street to accommodate vehicle traffic to the parking area east of
the alley.
8. Owner agrees to repave the full width of the alley adjacent to Owners property between
Burlington and Court Streets. The City will allow closure of the entire width of the alley
adjacent to Owners property for a pedod not to exceed four (4) weeks, in order to
accommodate the reconstruction of the alley. During reconstruction of the alley, the portion
of the alley to the north of Owner's property will remain open to two way traffic at all times.
9. Owner agrees to abide by the requirements set forth by the City Forester in Exhibit B
attached hereto, in order to safeguard the condition and preservation of a tree located
within City right--of-way adjacent to Owners property along the north side of Court Street
between Gilbert and Linn Streets. Owner further agrees to notify the City Forester prior to
any excavation work in said right-of-way in order to assess the course of action to be taken
to minimize any damage to the tree root system. Or, if owner desires, the tree may be
removed and replaced with a new tree with pdor approval from the City Forester.
10. Owner shall pay for the parking spaces along Linn Street which will be eliminated due to
the use of the Linn Street right-of-way in such amounts and at such times as specified by
the City's Parking Division. In addition, at Owners cost the City shall provide two additional
parking spaces across Court Street on Maiden Lane to replace the two spaces displaced
from the southwest corner of the private parking area east of the alley.
11. Owner agrees to not permit any construction vehicles or vehicles belonging to employees
of owner's contractor or subcontractors to park their vehicles in the parking area east of the
alley which is a pdvate parking area for clients and customers of businesses located east
of the alley.
12. Owner agrees to indemnify, defend and hold the City harmless against any and all claims
for bodily injury, death or property damage adsing out of its actions and those of its
contractors, subcontractors, agents, employees and assigns adsing out of Owners use of
the public dght-of-way under this agreement, specifically including any and all claims
and/or liabilities which may be alleged against the City as a result of its decision to allow
Owner to temporarily close public right-of-way adjacent to its' property along Court and
Linn Streets and the alley as described herein, including, but not limited to, claims by
neighboring property owners for loss, taking or restriction of access. Owners duty to
defend the City against such claims includes the duty to pay all attorneys fees and costs
incurred by the City in defending against such claims. Owner further agrees to carry Class
II liability insurance in the minimum amounts of $500,000 each occurrence, $1 million
aggregate bodily injury, and $250,000 aggregate property damage with contractual liability
coverage included. Owner shall furnish a certificate of insurance of said valid insurance
coverage to City, which certificate must be satisfactory to the City.
13. After the apartment building construction is complete, Owner agrees to restore any and all
portions of the Court Street and Linn Street right-of-way to its pre-construction condition, to
repave the full width of the alley adjacent to their property between Burlington and Court
Streets and to restore the northeast corner of the alley return at Court Street to its
pre-construction condition to the City's complete satisfaction. City and Owner agree this
Temporary Agreement shall be in effect beginning September 29, '1999 and end upon
substantial completion of the work, but no later than September 1, 2000.
14, Notwithstanding the above, Owner agrees to cease and desist their temporary use and
closure of the public right-of-way and to remove any and all obstructions from said right-of-
way when any one of the following events occurs:
a. A breach of this agreement;
b. The use of the property changes and/or the temporary use of the public
right-of-way is no longer needed or appropriate, as determined by the City;
c. Within thirty (30) calendar days after the City gives wdtten notice of removal
to Owner.
If Owner fails to remove any obstructions, barricades or signage from the public right-of-
way as required in this paragraph, the City may remove the obstructions, barricade or
signage, and the cost thereof shall be billed to Owner for payment to the City. Upon
Owner's failure to pay said billing, the removal costs shall be certified to Johnson County
as a statutory lien and assessed against the property and collected in the same manner as
a property tax, as provided in Section 364.12(2)(e), Iowa Code (1999).
15. Owner acknowledges and agrees that no property right is conferred by this grant of
permission to use the public right-of-way for pdvate purposes; and, notwithstanding
anything herein to the contrary the City may order the said temporary use terminated at
any time if, for any reason, the City Council determines that the property is needed for a
public use and should be cleared of any and all obstructions.
16. Abutting Property Owners agree that the terms of this agreement allow them and their
tenants to have reasonable and adequate access to their properties during the closures of
the public right-of-way allowed herein.
17. This Agreement shall constitute a covenant running with the land, and shall be binding
upon and shall inure to the benefit of the respective heirs, successors in interest, and
assigns of the parties.
Dated and signed this 2Rth day of ~pt~rnh~- ,1999.
., ?
Gene Kroeger ~
Gi~E~~SiREET INVESTORS, L.L.C,
5
STATE OF iOWA )
) ss:
JOHNSON COUNTY )
On this ~P~ day of ..~-t~,~,Jc~,,· 19 L?~ . before me,
.S~,,cJ~.~_ "~:'=,-F , a Nota~ Publi~ in and for the State of Iowa.
personally appeared Emest W. Lehman and Madan K. Kaff, to me pemonally known, and, who,
being by me duly sworn, did say ~at they am ~e Mayor and Ci~ Cle~, respectively, of ~e CiW of
Iowa Ci~, Iowa; that the seal affixed to the foregoing inst~ment is the ~omte seal of the
corporation, and that ~e inst~ment was signed and sealed on behalf of the coloration, by
authod~ of its CiW Council, as confined in (Oralinane) (Resolution) No. ~.- Bff~ passed
Ernest W. Lehman and jan a~ ac dg n of the instrument '~o be their
volunta~ act and deed and the volunta~ act and deed of the corporation, by it voluntarily
executed.
Nota~ Public in and ~v .
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~' day of -S..~,.~L...y- , A.D. 19 ? I, before me, the undersigned, a Notary Public
in and for the State of Iowa, personally appeared
C.~e_,,.~. ~.~.~s:~y,-...r , to me personally known, who being by me
duly sworn, did that the person is ~,,o~.~._y-- (title) of
Gene L.L.C., and that said instrument was signed on behalf of the said limited liability company by
authority of its managers and the said <3,.->~,-~j-- acknowledged the execution of
said instrument to be the voluntary act and deed of said limited liability company by it voluntarily
executed.
N~n and for the Stat~"of Iowa
My commission expires:
"7 ~,.3\~_..
6
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this ~.',~ay of ,-~ff~7 ,19~_.~., before me, the undersigned, a Notary Public in
and for th~ State of Iowa, personally appeare~l Jay H. Honohan, to me personally known, who
being by me duly swom, did say that the person is one of the partners of Old Feed Store
Associates, an Iowa General/Limited Partnership, and that the instrument was signed on behalf of
the partnership by authority of the partners; and the partner acknowledged the execution of the
instrument to be the voluntary act and deed of the partnership by it, and by the partner voluntarily
executed.
Notary Public in and for the State of Iowa
My commission expires:
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
, A.D. 19 , before me, the undersigned, ai~fo appeared
, to me pe~onally Mown, who being by me
duly ~at ~e ~e~n is ~ ~ ~ (title) of
liabili~ ~mpany by auhod~ of i~s managers and the said ~ ~~
acknowledged the execu~on of said ins~ment to be the volunta~ act a e ited
liabili~ ~mpany by it voluntarily execute.
AMENDMENT TO SEPTEMBER 27, 1999 AGREEMENT FOR TEMPORILRY USE OF
PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, GENE L.L.C,
OLD FEED STORE ASSOCIATES AND GILBERT STREET INVESTORS, L.L.C.,
FOR THE WEST HALF OF THE ALLEY
This Amendment to the September 27, 1999 Agreement is made by and
between Gene L.L.C., hereinafter referred to as 'Owner", the City
of Iowa City, Iowa, a municipal corporation, hereinafter referred
to as 'City', Knutson Construction, hereafter referred to as
'Contractor", and Old Feed Store Associates and Gilbert Street
Investors L.L.C., hereinafter referred to as 'Abutting Property
Owners".
WHEREAS, one of the purposes of the September 27, 1999 Agreement
was to ensure that the Abutting Property Owners and their tenants
have reasonable and adequate access to their properties during
the closure of the west half of the alley located to the west of
their property, and to ensure public access to the City right-of-
way;
WHEREAS, there have been continuing problems with the east half
of the alley being blocked with construction vehicles and
equipment;
WHEREAS, the parties wish to enter into an agreement that would
ensure access to the Abutting Property Owners and the public use
of the City right-of-way, and to avoid rescinding the original
agreement and litigation which could end or delay further
construction by Owner and Contractor.
NOW, THEREFORE, IN MUTUAL CONSIDERATION OF THE PROMISES HEREIN,
THE OWNER, CONTRACTOR, CITY AND ABUTTING PROPERTY OWNERS AGREE AS
FOLLOWS:
1. Contractor and Owner agree not to leave unattended vehicles
or equipment in the east half of the City right-of-way,~_~and
to refrain from obstructing the City right-of-way~for
reason other than delivery of materials for a re~o.~b~
brief period of time between 8 a.m. and 8 p.m.
2. Contractor and Owner agree to have on the construc~fon
at all times a person u v w
to see that Paragraph e n
see that employees of Contractor, Owner and any
subcontractors do not park in the parking spaces o~u~ing
Property Owners. Contractor and Owner shall keep ~utting
Property Owners constantly informed of the name and
telephone nu~er of the person with this responsibility.
3. The Owner and Contractor shall pay the City $100 for each
violation of Paragraphs One and Two, which violations shall
be established by the filing with the City Clerk of a sworn
Affidavit by any person witnessing the violation. This
Agreement shall in no way alter the City's right to
terminate the previous Agreement or to pursue any other
available legal remedies.
CITY OF IOWA CITY GENE, L.L.C.
'Y: S t e p J~
B anager JOHN ROFFMAN, Agent
ATTEST: O FEED S~]~ ASSOCIA~ES
KARR, City Clerk ~AN, Partner
GILBERT STREET INVESTORS, LLC KNUTSON CONSTRUCTION
DWI T GREGO DE ROBERT MARSH, Agent
STATE OF IOWA )
)ss:
COUNTY OF JOHNSON)
On this I~'~ day of February 2000, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared Stephen J. Arkins, City Mgr. to me known to be
the identical person named in and who executed the within and
foregoing instrument and acknowledged that he executed the same
as his voluntary act and deed.
~ C)
N BLIC, STATE OF
3. The iOwn. er a.nd Contractor shall pay the City $ 00 for each
Violation ofl'iParagraphs One and Two, which viblations shall
Agreement shall in no way alter the City's ril 'ht to
terminate the previous Agreement or to pursue any other
available legal remedies.
CITY OF =IOWA CITy.'~' GENE, L.L.C.
B Manage FMAN 'ent
ATTEST: ILD FEED STORE ASSOdIATES
~{" Ki KARl, City Clerk JAY H. HONOHAN, Partner
GILBERT STREET INVESTORS, LLC KNUTSON-.C NSTRUCT~ · U T S~
..
SO'DE nt ' .
R A
STATE OF! IOWA'
) ss:
COUNTY OF JOHNSON)
On this % day of February 2000, before me,
undersigned, a Notary Public in and for said County and'S"e'ate~
pe'rsona~l]y appeared'Stephen 0. Arkins City M r to m~ kno~j~b be
the identical person named in and ~o ~xe~ue~d the with~n~
w
foregoing instr~ent and acknowledged that he exeauted '~sa
as his v~luntary act and deed.
FEB-15-2000 17:83 319 351 09?7 967. P.03
STATE OF IOWA )
)ss:
COUNTY OF JOHNSON)
On this day of February 2000, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared John Rothman, Agent, to me known to be the
identical person named in and who executed the within and
foregoing instrument and acknowledged that he executed the same
as his voluntary act and deed.
NOTARY PUBLIC, STATE OF IOWA
STATE OF IOWA )
)ss:
COUNTY OF JOHNSON)
On this ~' day of February 2000, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared Jay H. Honohan to me known to be the
identical person named in and who executed the within and
foregoing instrument and acknowledged that he executed the same
as his voluntary act and deed.
; ~'~:,.. JUUE ANZ r '
..r,o:, -.-=. TE OF IOWA
STATE OF IOWA )
)ss:
COUNTY OF JOHNSON )
On this /5~-h day of February 2000, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared Dwight Gregory Bode to me known to be the
identical person named in and who executed the within a__nd ~.~
foregoing instrument and acknowledged that he executed(])he s~e
as his voluntary act and deed.
02-15-2000 05:13PM PROM HONOHRN LAW FIRM TO 93517163 P.05
STATE OF IOWA )
)ss:
COUNTY OF JOHNSON)
On this ~'$' ~ day of February 2000, before me .the
undersigned, a Notary Public in and for said Count i and State,
· e e wei , i
instrument and acknowledged that he executed the s~me as his
voluntary act and deed.
~9\misc\alley.agreement ~ =~ ~3]
TOTAL P.05
FEB-15-2000 17:03 319 351 0977 97Z P.05
{d,-.'--.].3----'idk:~k9 v_]~,. l--q'-TI I-'KL31'I t-{L.JP-,II_irIHIN LHL,,J I'- IKI'I I L_I '~,~,2Lr'.Lt:3..~ i'-'.
STATE OF~'IOWA )
)ss:
COUNTY'OF JOHNSON)
On this /~- day of February 2000, before me, the
undersigned, a Notary Public in and for said County and State,
personally appeared John Rotblnan, Agent, to me knqwn to be the
identical person named in and who executed the within and
foregoing instruraent and acknowledged that he.exeauted the same
as his voluntary act and deed. J
STATE 0F.IOWA )
)ss:
COUNTY OF JOHNSON)
On this day of February 2000, before m~, the
identical person named in and who executed the within and
foregoing instrument and acknowledged that he exeCUted the same
as his V.~luntary act and deed'
NOTARY PUBLIC, STATE OF IOWA
STATE OF. IOWA )
)ss:
COUNTY 0Y JOHNSON )
{
On this day of February 2000, before m~, i the
undersigned, a Notary Public in and for said County and State,
personally appeared Dwight Gregory Bode to me .kno~n~ to be the
identicai person nanled in and who executed the within and'
foregoing instrument and acknowledged that he exeauted the sa~e
as his voluntary act and deed.
FEB-15-2000 17:03 319 351 89?? 967. P. 04