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Home My WebLink About2000-06-20 Resolution RESOLUTION NO. 00-211 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid beer, liquor, or wine license/permit, to wit: Mill Restaurant - 120 E. Burlington Street Memories - 928 Maiden Lane Fraternal Order of Eagles - 225 Highway I West It was moved by Vanderhoef and seconded by 0' Donnel 1 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 20th day of June ,20 00 · A p~/~~ clerk\res\danceprm.doc Prepared by Marian K. Karr, City Clerk, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5041 RESOLUTION NO. 00-212 RESOLUTION TO ISSUE CIGARE'I'rE PERMITS WHEREAS, the following firms and persons have made application and paid the mulct tax required by law for the sale of cigarettes, therefore BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk is hereby directed to issue a permit to the following named persons and firms to sell cigarettes: SEE ATTACHED Passed and approved this 20th day of Ju ,20 00 MAYOF~ ' Approved by CI City Attorney's Office It was moved by Vanderhoef and seconded by O'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 Wilburn clerk~res~cigperm.doc CIGARETTE PERMITS PRINTED : 01-MAY-00 PAGE: 1 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE . A & J MINI MART 97 00005 01016 C A~&&JJMINI MART INC · A INER THE 93 00012 010_17 C olo~ ~& LARSON INVESTMENT COMPANY ES 85 00074 01018 C LTD S AMOCO SERVICE 86 00021 01019 C o, co z_ D VI LLHAUER ENTERPRISES INC CCp~~A~EWS AND BOOKS 94 00006 01078 C %PENNINGROTH Y PLAZA HOTEL (CHAI/NCEY' S) 00 00013 V R MANAGEMENT CO LLC Ci~~C~EGTE, STREET OASI~ 00 00011 C R ZEADOW CO IAL LANES 85 00003 01021 C ~ CORP LOD,~ 95 00005 01022 C 61oo INTERNATIONAL INC DAN'S MUSTANG MARKET 86 00001 01023 C VOSS PETROLEUM COMPANY OF IOWA CITY '~i~. SHORT STOP CORPORATION 86 00022 01024 C oloo7 L J GLASGOW D~ 'S FOXHEAD TAVERN 85 00023 01025 C B~~E'S~KY DAVID L D WOOD 85 00092 01001 V o l O ~NDING TT 87 00013 01026 C 0| oo~ CORP D M3LRT #2 87 00018 01027 C ~ CORP ~ DET,I MART ~3 98 00014 01028 C ol0~o bELI MART CORP - REVISED 6/20/00 '~. c. (11) CIGARETTE PERMITS PRINTED : 01-MAY-00 PAGE: 2 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE MR#5 ' 99 00006 01029 C o|o,% CORPORATION 'D S STANDARD 92 00006 01030 C ~INCK 85 00013 01031 C NC D N UNDERGROUND THE 93 00001 01002 V o~o~"L- ~ENDING D QUE S~REET HANDIMART 90 00009 01032 C ~ROM OIL COMPANY g r(CE FOOD CENTER #1SV 88 OOO04 01033 C o'o' LUCKY STORES INC ,~ STORES INC 95 00006 01036 C STORES INC ORDER OF EAGLES #695 GGG~~SV 91 00008 01003 V ENDING ~C~Y'S 95 00004 01039 C olo~7 FAP ENTERPRISES __~~_BY_'S EAST 00 00004 C FAP ENTERPRISES INC GLASS LODGE PIPE EMPORIUM 00 00010 C KEVIN VON BEHREN WALL 93 00011 01041 C 'VAY AND CHI HO Y'S SOUTH SIDE PUB 99 00004 01042 V ~,oSo ?DRUG STORE #10 98 00001 01043 C HARTIG DRUG COMPANY INC CIGARETTE PERMITS / PRINTED : 01-MAY-00 PAGE: 2 \ '\, / DOINb BUSINESS AS LICENSE # STICKER # AppLIbANTS NAME PURPOS RAT I ON I C NCK ~k / ~ / 85 00013 01031 C L EE NC , D N UNDERGROUND THE 93 00001 01002 V ~END I NG 0000 -F STORES INC ?/ 95 00006 01036 C ~ STORES INC / F E~ ORDER OF EAGLES ~695//' 98 00003 01037 C ~~AL ORDER OF EAGLES ~6~ // G{V // 91 00008 01003 V E~ING 'S // 9 0004 01039 C o~0~7 FAP ENTERPRISES IN~/ G~SS LODGE PIPE MPORI~ 00 0010 C ~VIN VON BEHR {~L / 93 0001~ 01041 C CHI O Y'~~H SIDE P~ 99 00004 ~01042 V TI~] ~UG STORE ~10 98 00001 ~1043 C DRUG~ COMP~ INC ~~YE VEXING 00 00016 C TY ~ING CIGARETTE PERMITS PRINTED : 01-MAY-00 PAGE: 3 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE H~~PCAT 00 00014 C olo~ ENGELBY TAVERN LTD OKOPSINCLAIR 85 00125 01045 C INC · H EE FOOD STORE #1 85 00009 01047 C HY E FOOD STORE #2 85 00010 01046 C HY- FOOD STORE ~3 85 00011 01048 C I S BROTHER'S B~ & GRILL 00 00015 V ~YE~USEMENT J T CO~OLLY'S TOBACCO BOWL 91 00009 01049 C THO~S J CO~OLLY - 'S P~CE 95 00007 01004 V ~~USEMENT 'S GROCERY, INC. 85 00054 01050 C 'S GROCERY INC 85 00140 01051 C CORPO~TION OOD ~W~YE CO~ENIENCE STORE 85 00135 01052 C ~%~SPORT CO · ~ ~WK, THE 85 00097 01005 V VEXING GO ~422 85 00025 01053 C E GENTLE OIL CORPO~TION MIGHTY SHOP, INC. 85 00045 01054 C MIGHTY SHOP INC L O~ER OF MOOSE LODGE ~1096 87 00005 01055 C ~ER OF MOOSE LODGE ~1096 CIGARETTE PERMITS PRINTED : 01-MAY-00 PAGE: 4 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE b~T'~ 99 00009 01056 C O TAAVERN LTD FORMERLY ELLERS ONE'S IRISH PUB 00 00008 C ~W~ IOWA CITY ENTERTAINMENT LLC tSND 00 00003 V ING &AMUSEMENT M RIES 91 00004 01007 V ~VENDING TAP 89 00004 01008 V REGAL VENDING MI ESTAURANT THE 99 00010 01009 V ~AMUSEMENT ~MART 96 00005 01079 C BHADRASHEELA S PATEL 'MOTIIER EARTII'C MACIC 00 0000B C TOSCA CLEMENTS ~u~ 0F ~uS~/0~SS ALOON & EATERY 85 00062 01010 V.o~o~s AMUSEMENT NATURAL MYSTIC 00 00006 C MARY-EILEEN ZUBROSKI RTH DODGE HANDIMART 00 00012 C o~03~ ~ORRITORES INC OON~~TM~ GO CONVENIENCE STORES 00 00002 C ~o35 GO CONVENIENCE STORES INC 0000 STIrDENT INC DRUG STORE #448 85 00116 01058 C DRUG INC cl:~ ~+ 0 NC CIGARETTE PERMITS PRINTED : 01-MAY-00 PAGE: 5 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE 0 LIMITS OF IOWA CITY 90 00001 01011 V ~A/vIUSEMENT OF IOWA CITY 85 00100 01060 C DISCOUNT OF IOWA CITY INC %A$O~'S DRUG STORE 00 00001 01061 C O'NEIL P RO-N-PROVISIONS 98 00008 01062 C G ROBINS INC ~FAYE GROBIN P OR BOWLING, INC. 85 00063 01012 V ~,c77 ~ AMUSEMENT 'Py~F~iN~X THE 00 00009 C .QU , THE 90 00007 01013 V OID ~AMUSEMENTWKE UI CORPORATION RIP #548 97 00003 01064 C ~~PORATION I QUIKTRID #552 85 00022 01065 C ~UIKTRIP CORPORATION QQi~i~O&N'S BAR &DELI 99 00011 01066 C MARTY ENTERPRISES INC ERROH~NU~C 99 00008 01067 C R AMOCO SERVICE 85 00137 01068 C ~OSALIE S~iY RESTAI/RANT & PUB THE 98 00013 01069 C TED S~BLVD HAWKEYE CONVENIENCE STORE 00 00007 C TRANSPORT COMPANY AMOCO 97 00007 01070 C INVESTORS CIGARETTE PERMITS PRINTED : 01-MAY-00 PAGE: 6 DOING BUSINESS AS LICENSE # STICKER # APPLICANTS NAME PURPOSE S~~B~AMOCO-KEOKUK STREET 98 00012 01071 C INVESTORS, L.C. S SET HANDIMART 93 00008 01072 C ~AM D & DAVID V NORDSTROM T INI MART 85 00085 01073 C ~SKY TOM & MARILYN THIRD COAST 99 00003 01081 C ALLYN ELKIN i/KCCO OUTLET PLUS #537 97 00008 01074 C TRIP INC TU S PLACE 85 00042 01075 C ~~AMES J O~ 93 00013 01015 V AMUSEMENT COMPANY I#1721 92 00012 01076 C STORES INC G~g]REENS 85 00029 01077 C o~o 5~- EEN COMPANY TOTAL CIGARETTE PERMITS: 88 , ! 06-20-00 t ;'~ ~ 3e( 1 ) Prepared by: Terry Trueblood, Dir., Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 00-213 RESOLUTION ACCEPTING THE WORK FOR THE WETHERBY PARK REDEVELOPMENT PROJECT WHEREAS, the Parks & Recreation Department has recommended that the work for the redevelopment of Wetherby Park, as included in a contract between the City of Iowa City and Shamrock Construction Co. of Iowa City, Iowa, dated September 28, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. 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 20th ~R/i~,¢~,~' day of ,20 00 · lJq"~-~e~, Approved by IT ity ttorney's ice It was moved by Vanderhoef and seconded by 0'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 Wilburn parksrecVes\wetherbyaccept.doc 6/00 3e(2) Prepared by: Terry Trueblood, Dir., Parks & Recreation, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5110 RESOLUTION NO. 00-214 RESOLUTION ACCEPTING THE WORK FOR THE CONSTRUCTION OF THE RIVERSIDE FESTIVAL STAGE IN CITY PARK WHEREAS, the Parks & Recreation Department has recommended that the work for the construction of the Riverside Festival Stage, as included in a contract between the City of Iowa City and Moore Construction Co. of Iowa City, Iowa, dated August 24, 1999, be accepted; and WHEREAS, the performance and payment bond has been filed in the City Clerk's office. 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. Approved by ATTEST: ~RK It was moved by Vanderhoef and seconded by 0'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 Wilburn par~srecVes~stageaccept.doc 6100 Prepared by: Marian Karr, City Clerk, 410 E. Washington St., Iowa City, IA (319)356~5040 RESOLUTION NO ._QQ=?j_5 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT OF WAY BETWEEN THE CITY OF IOWA CITY AND MIKE AND MARTY ENTERPRISES FOR A SIDEWALK CAFE WHEREAS, the City of Iowa City is the custodian and trustee of the public right of way within the City; and WHEREAS, Mike and Marty Enterprises dba Quinton's Bar & Dell applied for temporary use of the public right-of-way at 21 5 E. Washington Street for a sidewalk cafe thereon; and WHEREAS, the City staff has reviewed the application, location, and specifications for the proposed sidewalk cafe and found these to be in compliance with the regulations adopted by Ordinance 97-3764; and WHEREAS, such use of the public right-of-way is compatible with the public use thereof; and WHEREAS, it is in the public interest to set forth the conditions regarding such use of the public right-of-way, as enumerated in the License Agreement for Temporary Use of Public Right-of-Way (hereinafter "license agreement"). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, THAT: 1. The Mayor and City Clerk are hereby authorized and directed to respectively sign and attest said license agreement, and direct copies of this resolution together with the application and signed license agreement to the applicant. 2. The City Clerk is hereby directed to record this Resolution and license agreement with the Johnson County Recorder at City expense. Passed and approved this 20th day~/W. ,Z.)~~' Approved by CIT~CLERK City Attorney's Office clerkVes~quintons doc Resolution No. 00-215 Page 2 It was moved by Vanderhoef and seconded by 0' 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 LICENSE AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND ~V~t I~e {~ IV~c,¢.V F~-,~e~f-,r i~L~ FOR A SIDEWALK CAFE ON THE PUBLIC RIGHT-OF-WAY AT y ,~ I c; E (AJc~sJ~;v~ IOWA CITY, IOWA This Agreement is made between Landowner -i~JK~ ~ -~c.~/.~',-~ E~//3q~,~,,.~ ~nd Tenant ~;1(, ~ ~y ~ and the City of Iowa City, Iowa, a municipal corporation. WHEREAS, the City of Iowa City ("City") is the owner, custodian and trustee of the public right of way within the City of Iowa City; and WHEREAS, Applicant has applied for temporary use of the public right-of-way as a sidewalk cafe; and WHEREAS, City staff have examined the Applicant's request for a sidewalk cafe, and found same to be in substantial compliance with City regulations; and WHEREAS, said application has also been examined by the staff design review committee, which recommended approval of the proposed sidewalk cafe, as submitted and/or as amended; and WHEREAS, such temporary use of the public right-of-way is not adverse to the public use thereof; and WHEREAS, so long as said proposed use is consistent with the conditions set forth in this Agreement, said use is in the public interest. 2 NOW, THEREFORE, in mutual consideration of the promises herein, Applicant and City agree as follows: 1. Landowner 14,~/'~.v. -Z,c...y ~'.lr-,..A-,~, L4~I. Pc,,-~,t,~,-sk~p owns certain real estate abutting the public right-of-way located in Iowa City, Iowa, at the following street address: and Landowner has given Applicant/Tenant permission to operate a sidewalk cafe as herein provided. 2. Applicant/Tenant /¢t; 1(~ ~ /V~,.,J..y /~.,~.~. (hereafter "Applicant") occupies said real estate abutting the public right-of-way located at said street address, and wishes to use a portion of said right-of-way for location and operation of a sidewalk cafe, as permitted by City regulations. 3. The city staff design review committee has reviewed Applicant's proposed use of a portion of the right-of-way as set out in the Application and Schematic Diagram, attached hereto as Exhibit A and incorporated by reference herein, and find Applicant's proposed use to be compatible with the public's use thereof and that said use will not adversely affect the City's interests. 4. Based on this review, the City now finds Applicant's proposed use of public right-of- way to be in the public interest, and that it is appropriate to permit Applicant's tempo- rary use of the public right-of-way as a sidewalk cafe in accordance with this Agree- 3 ment, including Exhibit A, and also in conformance with all applicable Iobal regulations concerning sidewalk cares. 5. City and Applicant agree this Agreement shall be binding upon the successors and assigns of the Parties hereto, provided that no assignment shall be made without the written consent of both Parties to be attached hereto as a formal written Addendure. 6. Applicant acknowledges and agrees that this agreement is limited exclusively to the location, use and purposes listed herein for a sidewalk cafe, that any other uses, locations and purposes are not contemplated herein, and that any expansion of said uses, purposes or locations must be specifically agreed to in writing by the City of Iowa City. 7. Applicant further acknowledges and agrees that no property right is conferred by this agreement for the use of portions of the public right-of-way, that the City is not empowered to grant permanent or perpetual use of its right-of-way for private purpos- es, that the City may order said locations and/or uses within the right-of-way to cease and desist if, for any reason, the City determines that said rightTof-way is needed for a public use and should be cleared of any and all obstructions, as provided by §364.12, Code of Iowa (1991), and that the Applicant shall not be entitled to any compensation should the City elect to do so. 8. Applicant also agrees to indemnify, defend and hold harmless the City, its officers, agents and employees from and against any and all claims, losses, liabilities or damag- es, of whatever nature, including payment of reasonable attorney fees, which may arise from the Applicant's use of the public right-of-way arising from this agreement, or which may be caused in whole or in part by any act or omission of the Applicant 4 including their agents or employees. Applicant further agrees to provide the City with a certificate of insurance coverage of the sidewalk cafe required by the City's schedule of Class II insurance coverage. 9. Applicant further agrees to abide by all applicable federal, state, and local laws, and to maintain said sidewalk cafe in accordance with the approved Schematic Diagram contained in Exhibit A. Moreover, Applicant specifically agrees to comply with the conditions herein, especially regarding storage location of outdoor furnishings and equipment when the sidewalk cafe is not operating. 10. In the event of a breach of this agreement, the City may, at its sole discretion, elect to give written notice to Applicant to remove all equipment, furniture and/or other objects from the City's right-of-way, as provided in §364.12, Code of Iowa (199~). In the event Applicant does not comply within the time period designated in the written notice, the City may elect to remove, or direct removal of, any obstructions from the right-of-way and charge the cost of such removal and temporary storage to the Applicant and/or landowner for collection in the manner of a property tax, as permitted by state and local law. 11. In consideration for the City's concerns for public safety on the public right-of-way, Applicant specifically acknowledges said safety concerns and agrees to refrain from any and all special sales on alcoholic beverages in the sidewalk cafe area (e.g. no "2 for 1" or "happy hour" specials). Applicant also agrees to be responsible for proper education of Applicant's employees to comply with this provision. 12. Applicant further agrees that there will be no increase in vehicular traffic on the City Plaza or abutting right-of-way as a result of set-up or removal of the sidewalk cafe 5 furnishings or equipment and as noted in Exhibit A. 13. Should any section of this agreement be found invalid, it is agreed that the remaining portions shall continue in full force and effect as though severable from the invalid portion. Dated this 2Z2 day of /3"JuA7~:. , Z0~D__. CITY OF IOWA CITY, IOWA APPLICANT/TENANT Ma:i~n K. Karr, City Clerk By APPLICANT/LANDOWNER By By 6 APPLICANT/TENANT'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , _, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/TENANT'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ~ r_~ day of N~ , A.D. _?u-N~22, before me, the undersigned, a Notary Public in and for the Sta~e of Iowa, personally appeared ~;~ '~c~.~,- ~ Y. and ~ '~-~- , to me personally known, who, being by me duly sworn, did say that they are the V2c~. 't>r~iJ~J,- and ~------""' " , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed} on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said ~.~-,-~ ?c~<p~,~;. and ~ ...... as such officers acknowledged the execution of 'sa~ 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 Iowa '~,~ ~ ' ' E~-, ,~/_ s -' ~ -- 7- o ~ APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Individual) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of , m, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared , to me personally known, and acknowledged the execution of the foregoing instrument to be his/her voluntary act and deed and by him/her voluntarily executed. Notary Public in and for the State of Iowa APPLICANT/LANDOWNER'S ACKNOWLEDGEMENT (Corporate) STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this _,~ day of '71q.~ , A.D. Z~:'.' , before me, the undersigned, a Notary Public in and for the State of Iowa, personally ~'Fpeared '~,~,~, e -Scffc,.~&: ' and , to me personally known, who, being by me duly sworn, did say that they are the ~-;,-. ~c,,-~-n~ ~- and ~ , respectively, of said corporation executing the within and foregoing instrument to which this is attached, that (no seal has been procured by the said) corporation; that said instrument was signed (and sealed) on behalf of (the seal affixed thereto is the seal of said) said corporation by authority of its Board of Directors; and that the said Jc,2~,, R. 5'~)~.st/~; and ----~"'-"'--- 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 Iowa 8 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ZD day, of '~'cx/e( ,2Z~,~/2, before me, i-c,-//-' , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman, Mayor 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. passed by the City Council on the z_o day of 'Q"-zJF= , ?_.oc~__~, and that Ernest W. Lehman 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. Notary Public in and for the State of Iowa My commission expires: Revised 6~99 clerk\licside.doc TE WALK. TT.P. (~ )N( POI-E . ' NEW PARKING PIE"tER POLE' AND UOI-IT. COLLAR ~IC, AL W.ASR'I:NG'TO:N NF'W LITTER' -_"TF_ REOFpTAC, LE NEW WOOD e, ENCH. NEW ~CK (~ . ', TYP. I~ ~OOLI~ TER ' ' NEW LE. ' 'WALI~ · /'/11 II" ,~ :'~ o"~"' ' '~' ' r "' · · :.,. ~ ! ~ ' .~\, / C.:.:? : " ': ."'"' . __- "~'- ,. : cr.. ~ - c~ ~I~: . c,,_. 2G.'7' ,,," -. /, - i ~G .O' " JrI J:)l~ ~/~./C,, " le' ,- /"' J ,,,- NEV C, OI f Date: June 12, 2000 To: Design Review Committee/City Clerk Cc: Mike & Marry Enterprises From: Kumi Morris Re: Sidewalk Caf~ at 215 E. Washington (Quinton's Bar & Dell) Quinton's Bar & Dell has submitted a renewal application for a sidewalk caf~ at 215 E. Washington (Quinton's Bar & Dell). The City of Iowa City ordinances requires that sidewalk cafes be subject to the design review process of the Design Review Ordinance. After reviewing the submitted design of the sidewalk caf6, I have determined that the design of the caf~ is substantially the same as the design approved in previous years. The committee has indicated that if the renewal application design is substantially the same as the previously approved design, the Committee does not need to meet to review the application. Therefore, the Committee will not be meeting over this application. There are no changes from the previous year. The applicant has indicated that the sidewalk caf~ furniture, roping and planters will be the same as the previous year. There will be Terrazzo Green Table Tops, Hunter Green Table Base and Green Resin Chairs. The roping is self storing webbing which extends between the poles. This application has the recommended approval of the design review committee. Prepared by: Kim Johnson, Engineedng, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5139 RESOLUTION NO. 00-216 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO A'!'rEST UTILITY RELOCATION AGREEMENTS BETWEEN THE CITY OF IOWA CITY AND VARIOUS UTILITY COMPANIES FOR CONSTRUCTION OF THE HIGHWAY 6 PEDESTRIAN BRIDGE OVERPASS PROJECT [STP-U- 3715(14)--70-52]. WHEREAS, the City of Iowa City, Iowa must execute Utility Relocation Agreements with vadous utility companies; and WHEREAS, these agreements provide for the relocation of existing utilities in conflict with the Highway 6 Pedestrian Bridge Overpass Project; and WHEREAS, the City of Iowa City supports and endorses this project because it will provide a safe passageway for pedestrians across Highway 6; and WHEREAS, the University of Iowa has agreed to provide local matching funds and all portions of the total project cost in excess of an IDOT grant, and to conduct all administration and inspection of the construction of a pedestrian bridge overpass; and WHEREAS, the City Council deems it in the public interest to enter into said agreements for the relocation of utilities in connection with the construction of a pedestrian bridge overpass. 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 enter into the above-mentioned agreements. 2. The Mayor is authorized to sign and the City Clerk to attest all necessary utility relocation agreements in connection with the Highway 6 Pedestrian Bridge Project, upon recommendation by Director of Public Works or designee. Passed and approved this 20th day of Juan ,2000. roved by ~ ATTEST: 72-; 4z_,~--7-¢2' ~, "~.,L,,L/j ~n 4f ' tl~l ' CI~¢'CLERK e;/s Office pweng/res/utilreloc.doc Resolution No. 00-216 Page 2 : It was moved by Vanderhoef and seconded by 0' Donne'l ] 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: Project Coordinator, 410 E. Washington St., Iowa City, IA 52240, (319)356-5139 RESOLUTION NO. RESOLUTION SETTIN. A PUBLIC HEARING ON PLANS, SPECIFICAT S, DIRECTING CITY CLERK ,'rO PUBLISH NOTICE OF SAID HE ING, AND DIRECTING THE CITY Eh NEER TO PLACE SAID PLANS N FILE FOR PUBLIC INSPECTION. BE IT , . RESOLVED BY THE COUNCIL O THE CITY OF IOWA · 1. That a public hearing on the specifications for of contract and es~mate of cost meeting is cancelled, at the next of the/City Council thereafter as posted by the City Clerk. 2. That the City Clerk is hereby authorized a to publish notice of the public hearing for the above-named project in a news ublished at least once weekly and having a general circulation in the City, not less. than (4) nor more than twenty (20) days before said hearing. 3. That the copy of the plans, specifications form o contract and estimate of cost for the construction of the above-na~ned project' is here order~;d placed on file by the City Engineer in the office of the City Clerk for public insp ction. Passed and approved this day of ,20 . MAYOR ATTEST: --r r· G Iq',-b U CITY CLERK City Attor ey's Office pweng%res\dubnnedian .doc ; 06-20-00 ~ 3f(2) Prepared by: Kim Shera, Civil Engineer, 410 E. Washington St., Iowa City, IA 52240, (319)356-5437 RESOLUTION NO. 00-217 RESOLUTION SETTING A PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2000 CONCRETE PAVEMENT REHABILITATION 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 18t~ day of July, 2000, at 7:00 p.m. in the Council Chambers, 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 20th day of ,]1 ,20 00 ,f,,,- ~ ATTEST: CIT~LERK ~Cityce pwengVes~000conc.doc 6/00 Resolution No. 00-217 Page 2 It was moved by Vanderhoef and seconded by 0'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 Wilburn U6-20-00' City of Iowa City 6 MEMORANDUM ' ' Date: June 15, 2000 To: City Council ~~,,~/~<~ ,, · From: Karin Franklin, Director, P Re: Peninsula Development Agreement There is an item on your agenda for June 20 for consideration of a resolution to approve the development agreement for the Peninsula. The resolution and the Agreement are not in your packet but will be forwarded to you under separate cover. We are still working through some details of language between the respective parties and hope to have the final document completed by Friday, June 16, 2000. If we are not able to complete the document in time for you to review it before Monday evening, we will ask the Council to schedule a brief special meeting prior to July 1, 2000. Thank you for your patience; this is a fairly complicated and important document and we want to make sure it is in order. Cc City Manager City Attorney City Clerk Bob Miklo . ~ 06-20-00 7 Prepared by: Kevin L. Doyie, Assistant Transportation Planner, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 00-2].8 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2001 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1997), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power; and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights; and WHEREAS, the parties have negotiated a contract for transit service in FY2001 at a rate of $27,411. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The FY2001 agreement between the City of Iowa City and the City of University Heights for transit service is hereby approved, and the Mayor is hereby authorized to execute and the City Clerk to attest same on behalf of the City of Iowa City. 2. The City Clerk is directed to file a copy of said agreement with the Secretary of the State of Iowa and the Johnson County Recorder, as required by Iowa Code, Section 28E. Passed and approved this 201:h day of Jun ,2000. Y CI~T'~CLERK City Attorney's Office It was moved by Champ'ion and seconded by 0'Donne'l ] 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 )ccogtp/restous28eic.doc Prepared by: Kevin L. Doyle, Assistant Transportation Planner, 410 E. Washington St., iowa City, IA 52240 (319) 356-5253 RESOLUTION NO. 0 0 - RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE FY2001 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS. WHEREAS, Chapter 28E, Code of Iowa (1997), provides, in substance, that any power which may be exercised by a public agency of this state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the City of Iowa City and the City of University Heights to encourage the use of public transit by residents of University Heights, and WHEREAS, the parties have negotiated a contract for transit service in FY2001 at a rate of $27,411. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY HEIGHTS, IOWA, THAT: 1. The Mayor is hereby authorized to sign and the City Clerk to attest the FY2001 28E Agreement between the City of University Heights and the City of Iowa City for transit service. It was moved by ~ ~"S and seconded by ~""~O~q the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: ~( From ~X Gay ~. Jones X Martin 7., Schoenmaker Passed and approved this Z~ 'f/~ day of ,....J ~ t,J ,~' ,2000. Mayor, Gloria Ja~bs0n A EsT: City Clerk, Patricia Birk jccogtp/res/bus28euh.doc Prepared by: Kevin L. Doyle, Asst. Transportation Planner, 410 E. Washington, Iowa City, IA 52240 319-356-5253 FY2001 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IOWA CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made and entered into this Z(.) day of '-.'TS',.t,,,3.(' ,2000, by and between the City of Iowa City, Iowa and the City of University Heights, Iowa, both municipal corporations. WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power which may be exercised by a public agency of the state may be exercised jointly with another public agency having such power, and WHEREAS, it is in the mutual interest of the parties to encourage the use of public transit by residents of Iowa City and University Heights. NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the City of University Heights, as follows: I. Scope of Services The City of Iowa City shall provide public transit service to the City of University Heights. Iowa City shall determine the scheduling of buses, the routes, and the location of bus stops within University Heights. It is agreed that residents of University Heights will obtain the same level of transit service as residents of Iowa City who are served by the same routes. I/. Duration The term of this agreement shall commence July 1, 2000, and continue through and including June 30, 2001. On the mutual agreement of the parties, this agreement may be extended for a one-year renewal term commencing July 1, 2001, through and including June 30, 2002. ///. Term/nat/on This agreement may be terminated upon thirty calendar days written notice by either party. IV. Compensation The City of University Heights agrees to pay $27,411 for the provision of public transit service as herein described during FY2001. Payment shall be made in twelve monthly payments of $2,284.25 each, to be received by the City of Iowa City on or before the 15th of each month. V. Chapter 28E, Code of Iowa In accordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY CITY OF UNIVERSITY HEIGHTS By: [Ernest W. Lehman, Mayor Attest: Attest: C Patricia Birk, City Clerk City Attorney's Office STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this .9c. day of "ST'-,,,u(' 20 r..c, before me, ?-",c.,~,-j ,- ~.~. I~o,--t-- , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman 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 (O~dil ,ance) (Resolution) No. ~ c~ - O t p.. passed by the City Council, on the 3c; day of J~ c~,,JF , 20 ~><'~ , and that Ernest W. Lehman 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. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) ,4.-~, On this I. S - day of ::3',,,, ,,, o 20 o ,,p before me, ~",A-----,--~- ,,,- ~' -,~ ~ ~. ~ c,, ~J , a Notary Publi~ in and for th;a State of Iowa, personally appeared Gloria Jacobson and Patricia Birk, 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 University Heights, 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 Co ncil, as contained in (Resolution) No. c--)O ~ (¢ passed by the City Council, on the t3~L~ day of ~,,,~ , 20 c-~-b , and that Gloria Jacobson and Patricia Birk acknowledged the execution of the instrument to be their voluntary act Not~ ry Public in and for the State of Iowa jr, cog tp/agt/2 8e -icuh. doc CHESTER J. CULVER ~~ HOOVER BUILDING, 2ND FLOOR IOwA SECRETARY OF STATE , DES MOINES, IOWA 50319 June 27, 2000 MARIAN K. KARR, CMC/AAE CITY OF IOWA CITY 410 E WASHINGTON ST IOWA CITY, IA 52240-1826 RE: Filing of 28E Agreement between the CITY OF IOWA CITY and the CITY OF UNIVERSITY HEIGHTS Dear MS KARR, CMC/AAE We have received the above described agreement which you have submitted to this office for filing, pursuant to the provisions of Chapter 28E, Code of Iowa. You may consider the same filed as of June 27, 2000. Sincerely, Chester J Culver Secretary of State CJC/pm Enclosures TEL (515) 281-5204 FAX (515) 242-5953 www.sos.state.ia.us sos@sos.state.ia.us City of Iowa City MEMORANDUM Date: June 20, 2000 To: Steve Atkins, City Manager From: Joe Fowler, Director, Parking & Transit Re: University Heights Bus Service The City of Iowa City has a contract to provide fixed route transit service to University Heights. Because of University Heights' unique location the contract is beneficial to both cities. For Iowa City buses to provide transit service between the west side of Iowa City and the University of Iowa west campus, traveling University Heights streets is the most direct route. At the same time, Iowa City buses traveling through University Heights allows University Heights to offer transit service to their residents. At the present time there are three Iowa City transit routes that service University Heights, the Oakcrest, Westwinds, and Plaenview routes. All three mutes operate Monday through Fdday from 6:30 a.m. until 7:00 p.m. After 7:00 p.m. and on Saturdays the Westwinds and Plaen View mutes are combined and the Oakcrest is combined with the Westpo~ route. During daytime operating hours the Oakcrest route uses Melrose Avenue from the city limits to Sunset Street and then travels west to Oakcrest Street. It returns to Iowa City using the same streets. The Westwinds mute uses Melrose Avenue from the east to the west city limits for both its outbound and inbound trips. The Plaen View route travels west on Melrose to Sunset Street and the south on Sunset to the University Heights city limits. On its inbound trip it travels Melrose from the west to the east city limits. Between 6:30 a.m. and 6:45 p.m. these routes service University Heights 58 times. Beginning at 6:30 p.m. and on Saturdays the mutes change. The Oakcest route uses the same outbound route as daytime service but does not return to downtown through University Heights. The Westwinds and Plaen View routes are combined. The combined route travels outbound on Melrose through University Heights to the west city limits and returns the same way. There are ten tdps servicing University Heights in the evening. On Saturday there are 26 trips. During the public school year the West Side Loop travels through University Heights twice a day Monday through Friday. In the morning it follows the same route as the Plaen View and in the afternoon it reverses on the same streets. Avoiding traveling through University Heights would increase travel time for Iowa City passengers. The increased travel time would have a negative impact on transit ridership. indexbc~nemos~2-1JF.doc ' Prepared by: Kevin~.Doyle, Asst. Transportation Planner, 410 E. Washington, Iowa City, IA 52240 319-35675253 FY20 28E AGREEMENT FOR TRANSIT SERVICES BETWEEN THE CITY OF IO A CITY, IOWA AND THE CITY OF UNIVERSITY HEIGHTS, IOWA This agreement is made d entered into this ___day of , ,2000, by be exercised e i having such power, and \ \ WHEREAS, it is in the mutual intere' of the parties to encourage the use of public transit by residents of Iowa City and University H~e~,ts. NOW, THEREFORE, it is hereby agreed bY and between the City of Iowa City and the City of University Heights, as follows: \ I. Scope of Services \ The City of Iowa City shall provide public transit' ervice to the City of University Heights. Iowa City b% of transit service as residents of Iowa City who are served he same routes. II. Duration "' The term of this agreement shall commence July 1, 2'1~00, and continue through and including June 30, 2001. On the mutual a'greement of the partieS., this agreement may be extended for a one-year renewal term commencing July 1, 2001, throu'g,,h and including June 30, 2002. III. Term/nation This agreement may"be terminated upon thirty calendar d~ys written notice by either party. IV. Compensation The City of,-University Heights agrees to pay $27,411 for th provision of public transit service as herel.n/described dunng FY2001. Payment shall be ma ~n twelve monthly payments of $2 284 ~5~each 'to be received by the City of Iowa City on ore the 15th of each month · Chapter 28E, Code of iowa I~n'aCc/cordance with Chapter 28E of the Code of Iowa, this agreement shall be filed with the / Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. / L. CITY OF IOWA CITY CITY OF UNIVERSITY HEIGHTS By: m~ By: Ernest W. Leh , Mayor Gloria Jacobson, Mayor / Attest: Attest: / / City Clerk '.,.. Patricia Birk, City Clerk / City Attorney's Office STATE OF IOWA ) ,, / ) ss: JOHNSON COUNTY ) On this day of "' . 20 before me, , a ~'~tary Public in and for the State of Iowa, personally appeared Ernest W. Lehman and Marjan Kf.' Karr, to me personally known, and, who, being by me duly sworn, did say that they are the Maybr and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing ia, strument 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) (Resolution) No. passed by the City Council, on the dayof , 20 , and that Ernest W. Lehman and Marian K. Karr acknowledged the execution of the instrument to be their voluntary act and deed and the volunt~try act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this day of 20 before me, , a Notary Publi~ in and for.,th;e State of Iowa, personally appeared Gloria Jacobson and Patricia Birk, 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 University Heights, 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 ~,rporation, by authority of its City Council, as contained in (Resolution) No. passe~l by the City Jacobson and Patricia Birk acknowledged the execution of the instrument to be' t t and deed and the voluntary act and deed of the corporation, by it voluntarily executed. '\ Notary Public in and for the State of Iowa F;cogtp/agt/28e4cuh doc 06-20-00 8 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-219 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE DECLARATION OF CONDOMINIUM FOR TOWER PLACE AND PARKING. WHEREAS, the City of Iowa City is constructing a public parking facility at the comer of Iowa Avenue and Linn Street in Iowa City, Iowa, which public parking structure will include a private parking area appurtenant to a public housing facility and commercial units; and WHEREAS, the City of Iowa City desires to submit the real estate on which said facility sits to a horizontal property regime as defined by Chapter 499B, Code of Iowa (1999) named Tower Place and Parking, subject to certain covenants, conditions, uses, limitations, and obligations; and WHEREAS, a Declaration of Condominium is the mechanism by which a horizontal property regime (condominium units) am created on a piece of real estate; and WHEREAS, attached hereto is a draft of the Declaration of Condominium for Tower Place and Parking; and WHEREAS, City staff is in the process of finalizing the Declaration of Condominium. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Mayor is hereby authorized to sign and the City Clerk to attest a Declaration of Condominium for Tower Place and Parking upon the recommendation of the City Attorney. Passed and approved this 201:h day of June ,20 00 C City Attorney's Office It was moved by Champ'ion and seconded by 0'Donnel 1 the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner X Lehman X O'Donnell X Pfab X Vanderhoef X Wilburn eleanor/res/towerpl2.doc DECLARATION OF CONDOMINIUM TOWER PLACE AND PARKING PREFACE: The Declarant, the City of Iowa City, has deemed it in the public interest to construct a public parking facility at the corner of Iowa Avenue and Linn Street in Iowa City, Iowa, which public parking structure is to include a private parking area appurtenant to a public housing facility, as well as certain privately owned commercial units in a horizontal property regime. As a result of this unusual combination of various ownerships, certain departures from condominium practice are implied. Among those departures is the fact that the basic structure is not a common element as defined by the Horizontal Property Act, but is part of the unit retained by the Declarant. The common elements subject to common ownership and a portion of expenses are deliberately few in number. The association of owners, denominated by the declaration as the Council of Co-owners, has a limited role and is formed as an unincorporated association, meeting only on an ad hoc basis to perform the limited functions necessary. The Declarant, therefore, states that the land described in Article I, Paragraph A of this declaration is hereby submitted to a horizontal property regime as defined by Chapter 499B, Code of Iowa (1999) named Tower Place and Parking, to be subject to the covenants, conditions, uses, limitations and obligations as specified in this declaration. ARTICLE I DESCRIPTION OF LAND AND BUILDING A. Land. The land submitted to the regime herein described is as follows: Lots 1, 2, 3 and 4, Block 61, Iowa City, Iowa, according to the recorded plat thereof. B. Description of Building. The building subject to the regime shall be a 6-level parking facility including spaces for commercial units on the west end, as well as commercial spaces at the northeast corner of the building along Iowa Avenue, and along Gilbert Street. The commercial units on the street level along Linn Street shall be constructed so as to allow the later construction of a mezzanine. The configuration of the building and the composite building materials are all shown of record on the building plans attached hereto as Exhibit A. ARTICLE II UNITS The units of the condominium regime, being those areas susceptible of separate ownership as described by the Horizontal Property Act are relatively located as shown on the schematic diagram filed with this Declaration as Exhibit B and are further described as follows: A. Unit 1A. 1. Definition of Space. Unit 1A is located at the southwest corner of the street level of the structure, consists of 3,827 square feet and allows for future construction of a mezzanine having 1,627 square feet, as shown on plan attached as Exhibit "A". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of the wall separating Unit 1A from the remainder of the structure and from the outside. Unit 1A excludes the stairway located at the southeast corner, as such stairway exists between the bottom elevation of Unit 1A and the top elevation of Unit 2A, which stairway is a limited common element appurtenant to Units 1A and 2A as defined herein. 2. Easements Appurtenant to Unit 1A. The owner of Unit 1A shall be entitled to the right of access to said unit over and across the portion of Unit 3 labeled on the plans as Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. 3. Limited Common Elements Appurtenant to Unit 1A. Appurtenant to Unit 1A, and therefore devolving to succeeding owners of Unit 1A without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in the stairway at the southeast corner of Unit 1 A, bounded on the bottom by bottom elevation of Unit 1 A, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1A and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1A and 2A, as they may determine. 2 b. Seven City of Iowa City parking permits for parking without fee in the parking portion of the regime, two of which are to be specifically located on the ground level of the parking in the south parking bay directly east of the transformer. These parking rights may not be sold or assigned separately from Unit 1 A, B. Unit 1B. 1. Definition of Space. Unit 1B is located at the northwest corner of the street level of the structure, consists of 3,958 square feet and allows for future construction of a mezzanine having 1,638 square feet, as shown on plan attached as Exhibit "A". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of the wall separating Unit 1 B from the remainder of the structure and from the outside. Unit 1B excludes the stairway located at the northeast corner, as such stairway exists between the bottom elevation of Unit 1B and the top elevation of Unit 2A, which stairway is a limited common element to Units 1 B and 2A as defined herein. 2. Easements Appurtenant to Unit 18. The owner of Unit 18 shall have the right of access over and across that portion of Unit 3 labeled on the plans attached as Exhibit B as the Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. 3. Limited Common Elements Appurtenant to Unit 1-B. Appurtenant to Unit 1 B, and therefore devolving to succeeding owners of Unit 1B without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in the stairway at the northeast corner of Unit 1 B, bounded on the bottom by the bottom elevation of Unit 18, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1 B and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1B and 2A, as they may determine. 3 C. Unit 1C. 1. Definition of Space. Unit 1C is located on the lower level of the north side of the building along Iowa Avenue having gross area of 4,044 square feet being defined on the bottom by finish floor elevation of 670.00, on the top by ceiling elevation varying between 678.33 and 683.45 feet, and on the sides by the inside surfaces of walls defining the unit as shown on the attached plans. 2. Easements Appurtenant to Unit 1C, The owner of Unit 1C shall have an easement for access to such unit over and across that portion of Unit 3 that is shown on the plans to be the hallway leading from the southeast corner of the unit connecting to the entrance court from Gilbert Street, and over the entrance court itself. 3. Easements to which Unit Ownership is Subject. None. D. Unit 1D. 1. Definition of Space. Unit 1D is located at street level of Gilbert Street at the northeast corner of the building. Unit 1 D has gross area of 3, 145 square feet and is bounded on the bottom by finish floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the inside surfaces of the walls defining the unit as shown on the attached plans. 2. Easements Appurtenant to Unit 1D. The owner of Unit 1D shall be entitled to an easement for ingress and egress to said unit over and across that portion of Unit 3 which is the hallway affording access to the southwesterly portion of Unit 1 D and over and across that portion of the entrance court off of Gilbert Street leading to the southeasterly entrance of Unit 1D and to the entrance to the hallway described above. 3. Easement to which the Unit Ownership is Subject. None. E. Unit 1E. 1. Definition of Space. Unit 1E is located on the east side of the street level of the building along Gilbert Street, immediately adjacent to the south of the entrance court providing access to Gilbert Street. Unit 1E has gross area of 1,129 square feet and is bounded on the bottom by finished floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the inside surfaces of the walls defining the unit as shown on the attached plans. 2. Easements Appurtenant to Unit 1E. The owner of Unit 1E shall be entitled to an easement for ingress and egress to said unit over that portion of Unit 3 that is the entrance court off of Gilbert Street. 3, Easements to Which Unit Ownership is Subject. None. F. Unit 1F. 1. Definition of Space. Unit 1 F is the reserved parking area on the lower level, having access to the public street system on Gilbert Street and having gross square footage in the amount of 15,500 square feet, all as shown on the plans, which unit is bounded on the bottom by the sloping surface having variable elevation forming the bottom deck of the parking within the unit, on the top by the underside of the level of parking next succeeding vertically, on the south side by the inside surface df the exterior walls of the structure, on the west by the inside surface of the most westerly wall of the lower unit, on the north by the south wall of the areas labeled successively from west to east, "Electrical Room, landscaping, snow pit, Mechanical Room, landscaping, snow pit, landscaping", and then following to the south of the inside surfaces of the wall defining the westerly portion and southerly portion of the area located on the attached plans as 1 E and on the east by the projection of the inside of the support pillars of the ingress and egress onto Gilbert Street, excluding from such area the stairway (as defined by the inside surfaces of the concrete walls forming the stairwell) and the elevator shaft and entrance lobbies for the elevator, both located at the southwesterly corner of the unit. The unit includes the parking gate equipment located therein. 2. Easements Appurtenant to Unit 1F. Appurtenant to Unit 1F is an exclusive easement, existing for so long as Unit 1F is appurtenant to a public housing project in which all units are occupied by residents who are initially admitted by qualifying for some form of rental assistance, or is subject to a mortgage and Regulatory Agreement dated and recorded September 3, 1980 in Book 291, Page 309 and in Book 580, Page 100, respectively, for ingress to and egress from the ground level to the surface level of Unit 1F over and across the stairway and elevator (with associated lobbies) described in Paragraph 1, immediately above. 3. Easements to which Unit Ownership is Subject. Unit 1F is subject to an easement for ingress and egress in favor of the City to the eastern-most area labeled "landscaping," immediately to-the north of the unit. Such access will be exercised through the doorway from Unit 1F into the eastern-most area labeled "landscaping" and will be limited to such times and in such manner as is reasonable in light of the parking use of the owner of Unit 1F. 4. Maintenance Responsibility for Stairway and Elevator. The City shall be responsible to maintain the mechanical and electrical systems associated with the elevator excepted from the definition of Unit 1F. The owner of Unit 1F shall be responsible for routine cleaning of the elevator and associated lobbies and the stairway over which the owner of Unit 1F has an access easement. The City shall indemnify and hold the owner of Unit 1F harmless from damages resulting from the City's performance or failure to perform its maintenance obligations described in this paragraph. The owner of Unit 1F shall indemnify and hold the City harmless for damages resulting from said owner's performance or failure to perform its maintenance obligations described in this paragraph. G. Unit 2A. 1. Definition of Space. Unit 2A is the commercial area located on the second full level at the west end of the building. Unit 2A has gross area of 7,674 square feet and is bounded by floor elevation of 702.67, ceiling elevation varying from 712.33 to 713.33 feet, and the inside surfaces of the exterior walls defining the area, not including the space labeled "Open to Below", (immediately below the clocktower) and excluding the elevator, stairway, and lobby area along the easterly side of the unit, and further excluding the stairways at the northeast and southeast corners of Unit 2A. 2. Easements Appurtenant to Unit 2A. The owner of Unit 2A shall have a right of ingress and egress over and across the entryway and stairway and elevators leading from the second level down into the exit court on the first level, and up to the parking levels. 3. Easements to which Unit Ownership is Subject, None. 6 4. Limited Common Elements Appurtenant to Unit 2A. Appurtenant to Unit 2A, and therefore devolving to succeeding owner of Unit 2A without special reference to such rights appearing in the conveyance documents, are the following ownership rights, which are limited common elements of the condominium regime. a. An undivided one-half interest in each of the two stairways located at the northeast and southeast corners of Unit 2A, bounded on the bottom by the respective bottom elevations of Units 1A and 1 B, on the top by the top elevation of Unit 2A and on the sides by the inside surfaces of the concrete walls defining the respective stairwells. Maintenance responsibilities shall be apportioned, in the case of the northeast stairway between the owners of Units 1B and 2A, and in the case of the southeast stairway, between 1A and 2A, as these respective sets of owners may, from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for either stairway. The doors from each stairway to the exterior shall be part of Unit 3, but shall be maintained, as to the north door by the owners of Units 1B and 2A, and as to the south door by the owners of Units 1A and 2A as they may respectively determine. H. Unit 3. 1. Definition of Space. Unit 3 is the public parking facility and shall consist of all parts of the structure not specifically defined as lying within any of the other units or limited common elements. Unit 3 shall consist of all structural elements of the structure or limited common elements, including all walls separating Unit 3 from other units or from the outside, including all windows and doors in these walls. 2. Easements Appurtenant to Unit 3. The City reserves right of access over and across Unit 1F for access to the easterly-most space labeled "Landscaping", as shown by the plans to be north of Unit 1F. 3. Easements to which Unit Ownership is Subject. Unit 3 is subject to easements as above described in favor of the commercial units 1 A, 1B and 2A over and across the exit court adjacent to Linn Street and the elevator stairway core immediately adjacent to the exit court providing access to the commercial spaces and to the public parking area. Unit 3 is further subject to easements for ingress and egress in favor of Units 1-C, 1-D and 1-E over and across the entrance court and stairway core having access to Gilbert Street and is subject to the access easement in favor of Unit 1F as described in Article II, F2, above. 7 I. Provisions Applicable to all Units (Except Unit 3) 1. Defining Surfaces of Units (Except Unit 3). The unit definitions above describe the boundaries of the various units (except Unit 3) to be the "inside surfaces" of the walls forming the units. Each of these walls is a poured concrete wall, such that the unit boundary is to be the surface of the wall closest to the unit being defined. Similarly, the floors and ceilings are formed by poured concrete surfaces, such that the horizontal unit boundaries are the concrete surfaces of the floor and ceiling close to the unit being defined. The implication of these definitions is that Unit 3 contains all concrete walls, floors and ceilings, but the individual units include all studs, drywall, subflooring, drop ceilings or other structural elements affixed to the concrete surfaces. 2. Variations in Floor and Ceiling Elevation Due to Construction Irregularities. The inside surface of any floor or ceiling for which an elevation is given above as a defining plane of any unit varies, due to construction irregularities, from the planned elevation, the unit shall be defined by the surface as actually constructed. 3. Projection of Structural Elements Below Top Elevation of a Unit. There shall be excepted from each unit (except Unit 3) any portion of a structural element contributing to the rigidity of the building which projects below the elevation stated above as the top surface of the unit, 4. Subdivision of Units. Units 1 A, 1 B, 1 C, 1 D, 1F and 2A may be subdivided into smaller units, susceptible of separate ownership, subject to the following limitations: a. No division shall affect the exterior integrity of the structure without the express permission of the owner of Unit 3, as expressed by the City Manager or his designee. b. No resulting unit shall be smaller than the original size of Unit 1-E. (Unit 1-E is therefore not subject to subdivision). c. All procedures for subdivision specified below are followed. 5. Procedures to Subdivide. In order to make a unit susceptible of subdivision eligible for separate ownership, the owner of the unit to be subdivided shall file with the Johnson County Recorder a document entitled "Amendment of Declaration of Condominium for Subdivision Purposes", which document shall contain the following provisions: a. A description of the newly created subunits, as illustrated by a graphic representation filed with the amendment. b. A unique designation for each subunit, using as a basis the original unit designation. Example: If Unit 1A is to be divided into two subunits, the filed documents should designate the subunits as Unit 1-A- 1 and Unit 1-A-2. c. An allocation of easements to which the original unit is subject and which are appurtenant to the original unit among the respective subunits, d, An allocation among the proposed subunits of the percentages of responsibility for common expenses and of voting power originally assigned by this Declaration to the unit to be subdivided, based on relative areas of the property subunit, e. Special Restrictions on the Subdivision of Unit 1 F. In addition to the requirement of subparagraphs a, b, c, and d, no subdivision of Unit 1 F shall involve relocation of the entrance to the parking area from Gilbert Street or involve the use of any subunit for short-term parking. 6. Cross-Easements. Each unit is entitled to an easement over all other units for the placement, operation, maintenance and replacement of utility services, such as gas, electric, water and sewer, telephone, cable television and any other service utility, as shown on the plans filed with this Declaration. 7. References to the City. Throughout this declaration, references are made to "The Declarant", "The City", and "The Owner of Unit 3." All of these terms are interchangeable and refer to the City of Iowa City, Iowa. ARTICLE III COMMON ELEMENTS A. General Common Elements. The general common elements of the condominium shall be the following: 1. Land which is dedicated to the regime. 2. The rooms on the lower level labeled "Mechanical Room" and "Electrical Room". 3. The heating unit and cooling unit located within the Mechanical Room and associated ductwork from the heating and cooling unit to the boundaries of the respective units. 4. The electrical service to the electrical service box from the street. B. Basis of Allocation of Expenses Regarding Common Elements. 1. To the extent that any expenses to the common elements are measurable by metering the allocation of those expenses for general common elements shall be allocated based on the meter readings. To the extent that the expenses of common elements may not be allocated based on meter readings, the following percentages shall be used: %nf Fxpen~e 1A 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% This allocation represents the relative proportions of heated and cooled space within the regime and does not represent ownership proportions. C. Limited Common Elements. For description of limited common elements within this regime, see Articles IIA3, lIB3 and IIG4. 10 ARTICLE IV ADMINISTRATION OF COMMON ELEMENTS A. Council of Co-Owners. The body administering the common elements shall be known as the Council of Co-Owners, composed of all owners of units in this regime with one membership with respect to each unit. The affairs of the Council of Co-Owners shall be regulated by this article of the declaration which shall stand as the by-laws of the organization. The organization shall be unincorporated. For the purpose of determining membership in the Council of Co-Owners, the owner of the fee title of a unit shall be the member with respect to that unit, except in the event of a unit having been sold by recorded installment contract, in which case the contract vendee shall be the member. In the event of multiple fee titleholders or mijltiple contract vendees of a unit, the membership rights for that unit, including voting, shall not be divided, but shall be exercised in a block as the multiple co- owners may determine among themselves. B. Meetings of the Council of Co-Owners. The Council of Co-Owners shall have no regular meetings, but shall convene on written notice to all owners by any owner, which notice shall be delivered by ordinary mail at least 10 days prior to the proposed meeting. The subject matter for the meetings shall be limited to any issue concerning the common elements, the charges arising therefrom, or the termination of the condominium regime. C. Voting Rights at the Meetings. At any meeting of the Council of Co-Owners, quorum for which will be the presence of owners owning at least 50% of the voting power as described in this paragraph, the following voting rights shall be recognized: 1. For all issues concerning the common elements, except amendment of the declaration or termination of the regime: Units % nf Tntal Vnte 1A 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% 11 2. For amendment of the declaration or termination of the regime: IJnit % nf Tntal Vnte 1A 2.4% 1B 2.5% 1C 1.8% 1D 1.4% 1E 0.5% 1F 6.8% 2 3.4% 3 81.2% This allocation represents the percentage ownership interest of the respective units in the common elements. D. Recordkeeping. The City shall keep the records of all the meetings of the Council of Co- Owners. E. Information Regarding Common Expenses. All charges for repairing, maintaining and replacing the common elements shall be received by the City who shall then calculate the shares of the respective owners as provided in Article III above and shall present statements for the same to the respective owners. F. Payment of Shared Common Expenses. Within 30 days of the receipt of the statement from the Declarant of shared common expenses, individual unit owners shall remit to the Declaran't their respective shares of common expenses. G. Lien for Assessments. Unpaid assessments shall become a lien on the unit assessed and be subject to the collection remedies as described in Section 499B. 17 of the Code of Iowa (1999). H. Amendment to this Article. It is stated that amendment to this article, serving as by-laws of the Council of Co-Owners may be made in the same fashion as provided herein for the amendment to any other of the provisions of the Declaration. 12 ARTICLE V MAINTENANCE RESPONSIBILITIES A. By City of Areas Subject to Access Easements, The City shall maintain the areas shown on the attached plans as the exit court and public stairways (not including the stairways that are limited common elements appurtenant to Units 1 A, 1B and 2A) and the public elevators and associated access ways, and the elevator located within the confines of Unit 1F in a manner consistent with the manner in which the City maintains other public buildings such as the Civic Center, Recreation Center, and Public Library, or otherwise in a safe, sanitary and serviceable manner, including snow and ice removal. B. By City and Other Owners of Dumpster Areas. The City shall assign to each unit owner a designated dumpster area. The City shall maintain the exterior walls of the dumpster areas shown on the attached plans. The individual owners shall be responsible for their own trash removal, and shall be responsible to correct any condition caused by the owner or its trash removal contractor. No dumpster may be placed in the public alley. Any individual owner who fails to maintain the dumpsters and dumpster areas in a safe, sanitary and serviceable manner shall pay the expenses incurred by the City in performing such maintenance, after written notice to the owner specifying the particular failure, to which notice no corrective response is made within 10 days. C. By City of the Exterior of the Structure and the Parking Surfaces. The City shall maintain the parking surfaces in the public area and the exterior of the structure in a safe, sanitary and serviceable manner. Included in this obligation is the obligation to clean the exterior windows of the structure, including the individual units, at least once a year during March, April or May. D. By The Ecumenical Housing Corporation of Unit 1F. The maintenance of all of the facilities within Unit 1F shall be performed by Ecumenical Housing Corporation. Included in this responsibility is the parking surfaces, lights and parking gate equipment. For maintenance of the elevator, elevator lobbies and stairway serving Unit 1 F, see Article IIF5. E. By Owners of Units 1A, 1B, 2A, 1C, 1D and 1E. 1. Each unit owner of Units 1 A, 1 B, 2A, 1C and 1D shall perform all maintenance on all of the areas and equipment located within its respective unit. Each of the unit owners shall perform no alterations affecting the structure without the written permission of the City, provided that interior decorating may be performed without permission. No work on the exterior of the structure shall be permitted without the written permission of the City. 13 2. The owners of the units 1 A, 1 B, 2A, 1 C, 1 D and 1E may affix signs to the exterior of the structure consistent with the provisions of the Iowa City Sign Ordinance and with the written permission of the City pursuant to then-existing written policy on signage adopted to assure compatibility with the appearance of the structure as expressed by the City Manager, or his designee. After permitted installation of such a sign, maintenance of the sign shall be the responsibility of the unit owner to which the sign pertains. If an owner fails to reasonably maintain an installed sign, Declarant may perform such maintenance and assess the owner for the reasonable costs thereof, after written notice to the owner specifying the particular failure, to which notice no corrective response has been made within 10 days. 3. The owners of Units 1 A, 1 B, 1 C, 1 D; and 1 E shall have the responsibility to remove snow from the public sidewalk adjacent to their units to the same degree as other Iowa City owners have, as specified in the City Code. The City shall remove snow on the remainder of the sidewalk. 4. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D, and 1E shall have the obligation to maintain the doorways and windows to their units, including the obligation to replace any broken glass and to perform any cleaning required on a more frequent basis than the Declarant cleaning described in paragraph V, C. 5. The owners of Units 1 A, 1 B, 2A, 1 C, 1D and 1E may perform, but shall not be required to perform, at their own expense, maintenance, such as cleaning, on the portions of Unit 3 such as hallways, exit courts, as may be adjacent to the units. Any unit owner performing such maintenance shall hold the Declarant harmless from any damages arising from it. F. Responsibility for Damage to Other Units. If because of the acts or omissions of a unit owner or its agent, tenant, invitee or licensee, damage is caused to the general or limited common elements or to a unit owned by another, the responsible unit owner shall be liable for such damage. 14 ARTICLE VI RECONSTRUCTION OF THE REGIME IN THE EVENT OF DESTRUCTION BY CASUALTY A. Casualty Insurance. Since Declarant is the owner of the structure of the regime, the Declarant shall provide the entire casualty insurance for the building, excluding the units other than Unit 3. As such, casualty insurance is not an expense subject to allocation. However, non-declarant owners of any unit shall be responsible for casualty insurance for any damage occurring within their respective units. B. Decision to Reconstruct. In the event of a casualty creating a partial or total destruction of all or any part of Unit 3, it shall be duty of the Declarant to restore the structure to its originally constructed condition, except in the event the Declarant decides not to reconstruct and receives the permission of 75% of the total voting power of the non-declarant owners as described in Article IVC2. A decision of the Declarant not to reconstruct must also receive the consent of all of the mortgagees of the non-declarant owners who have consented to the decision. In the case of the decision not to reconstruct, the regime shall be deemed to be dissolved and subject to partition and sale. In the event of partition and sale, the proceeds shall be distributed as specified in Article IVC2. If the Declarant decides to reconstruct after a'casualty, reconstruction of the improvements of the individual units shall be the responsibility of the individual owners, funded by the proceeds of individual insurance policies, or otherwise, as the owner may determine. C. Plans in the Event of Reconstruction. The plans and specifications for any reconstruction after a casualty shall be substantially the same as the plans and specifications of the original structure. D. Casualty Affecting a Single Unit. If casualty to a single unit occurs such that only parts of a unit are affected, the individual unit owner shall be responsible for the expense of reconstruction and repair. If a casualty affecting only a single unit remains unrepaired six months after the casualty, the Declarant may cause the necessary repairs to be made and impose the reasonable costs thereof as a lien on the affected unit. 15 ARTICLE VII USE AND OCCUPANCY RESTRICTIONS A. Use of Mechanical and Electrical Rooms. Each of the owners of units in this regime shall have access to and use of the Mechanical and Electrical Rooms which are common elements of this regime for purposes of installation, operation and maintenance of such service equipment relating to each unit as may be located in these rooms, No unit owner using the mechanical and electrical rooms shall impair the reasonable access to or use of these rooms by any other owner. No storage of any type shall be permitted in the Mechanical or Electrical Rooms. B. No unit owner shall make any use of any unit which threatens the ability of the City to obtain any appropriate insurance coverage. C. Parking. Parking for the owners, employees and invitees of Units 1 B, 1 C, 1 D, IE and 2A may be made available under the parking policies from time to time adopted by the City. D. Leasing, The owners of Units 1 A, 1 B, 1 C, 1 D, 1 E, 1F and 2A may lease all or part of their units subject to the following conditions: 1. The lease must be in writing. 2. The lease must provide that the leasee is subject to the provisions of the condominium declaration and that failure by the tenant to comply with the condominium declaration shall constitute a default under the lease, The lease shall contain the acknowledgment signed by the tenant that the tenant has received copies of the declaration. 3. No lease shall allow relocation of the entrance to Unit 1F from Gilbert Street or shall allow the use of Unit 1F for short-term parking. 16 ARTICLE VIII TERMINATION OF CONDOMINIUM FORM OF OWNERSHIP Any termination of the status of the regime as a horizontal property regime under Chapter 499B of the Code of Iowa shall be performed pursuant to Section 499B.8 Code of Iowa (1999). The undivided interests of the respective owners after termination shall be as described in Article IVC2. ARTICLE IX AMENDMENTS .TO DECLARATION This declaration may be amended by an affirmative vote of 75% of the total voting power of the regime as described by Article IVC2 at a special meeting of the Council of Co-Owners, provided that no amendment is effective to reduce a percentage ownership of any unit owner, to reduce easement rights appurtenant to any unit, or to increase any owner's obligations, unless that unit owner and its first mortgagee have consented in writing. The maintenance obligations of the City expressed herein cannot be reduced without consent of all non-City owners. The amendment to the declaration is effective upon filing of a copy of the same in the office of the Johnson County Recorder. Signed this day of , 2000. CITY OF IOWA CITY by: Mayor by: City Clerk STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this day of , 2000, by -, Mayor, and City Clerk of the City of Iowa City, respectively. ~otary Public in and for said State of Iowa My commission expires: 17 EXHIBITS A. COMPLETE BUILDING PLANS B. SCHEMATIC DIAGRAM OF UNIT LOCATIONS 18 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-220 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE HOMEBUILDERS ASSOCIATION OF IOWA CITY FOR CONDOMINIUM UNIT 1-E IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH. WHEREAS, Tower Place and Parking a/Ida Iowa Avenue Multi-Use Parking Facility includes commercial space which has been marketed for sale to the general public; and WHEREAS, the City has negotiated a purchase agreement with Homebuilders Association of Iowa City for condominium unit 1-E in said facility which purchase agreement is attached hereto and requires City Council approval; and WHEREAS, following public hearing on the City Council's intent to approve said purchase agreement and to dispose of the property in accordance therewith, the City Council finds that the purchase agreement should be approved and that said property should be conveyed in accordance with said purchase agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council hereby approves in form and substance the attached purchase agreement between the City of Iowa City and Homebuilders Association of Iowa City for condominium unit 1-E in Tower Place and Parking and the disposition of said property in accordance therewith. 2. Upon the direction of the City Attorney, the Mayor and City Clerk are hereby authorized to take all action necessary to dispose of said property in accordance with said purchase agreement. Passed ahd approved this 20th day of June ,20 OO . rove City Attorney's Office Eleanor~res\unit 1-E.doc Resolution No. 00-220 Page 2 It was moved by 0' Donnel 1 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 B RESIDENTAL REAL ESTATE PURCHASE AGREEMENT REALTOR* Date of Agreement: TO: CITY OF IOWA CITY (SELLERS:), REALb"q'ATEDtSSCRIFTION. The undersigned BUYERS hefoby offer to buy real estate in JOIIhTSON County, lowa, locally known as: UNIT I-E (1,193 SO, rl',l, TOWER PIACI~- G]I .BERT ST,,, L C, AND FOLLOWING THE IFGAI. DESCRIPTION CONTAINED IN THE TITLE D~ENT BY WHICH THE SELLER RECEIVED TITLE TO THE PROPERTY, SUBJECT TO APPROVAL OF BUYEPJS ATTORI, EY, ot dasc~bed as lob: with any easements and .,ppudefiane servmnl estates, and subject to the following: (a) any zoning and other orGtnancas; Co) any covenants of record; (c) any easements of record b' public utilities, reacts and highways. and (d) LIENS,EASEMENTS, [NTER]F_,STS OF OTI'I~RS , (consider: liens, other easements, etareels of others) designated the Real Estate; p~ov~ded BUYERS, on possession, are permitted to make the Idlewing use d the Reel Estate: ORGIL,'N17.~,']'IOH' Olil;'][CE ~ bI1EETI~G USE PURCHASE PRICE. The Purchase Price shall be $ I55,090.00 , ( O~TE }:J~]~D FI]~"Yo]iI'~ DOLLARS }and th~ method ofpe/meof sba~ be as fallows: $ 1,000.00 with thisoffertobedapesileduponacceptanceofthisoffer, intt:etrustacnountof LEPIC-KROEGERREALTORS to be delNered 1o the SELLERS upon performance of SELLERS' obligations and se~faction of BUYERS' contingencies. if an/. m~l the balance of the purchase price as dasigrated below Select(A) {B} end'or (C} or (D) A: I"'iNEW MORTGAGE: CONV Ibis Agreement is contingent upon the BUYERS obtein~j a written commitment for a first real estate mealgaBs for % of the purchase price with interest on the promissory note secured thereby of not mere then % am~iznd over a term of not less than __.years, with a he~xm due date of not less than __.years. BUYERS agree to pay no more than % for loan origination ~ and painIs, and to pay in ackttieo all other c~'stomary loan costs. BUYERS agree q:x}n acceptance of Ibis offer to iraroe(lately make appticatK~ for such mortgage wi[h a commercial mortgage lender and to exercise 9ood faith efforts to obtain a mealgage commilme~t as above ~ovided. Uport recaNtrig wdaon loan c~mmit- mane. (supported by the lender's reo/d ired appraisal). BUYERS shall relea.,e this, cor~tingency in writing. If BUYERS have nor obtained a wdtten rnofiBaga loan ~mitmest containm9 Ihe above terms. or terms encapta~te to BUYERS on or betore the day of either SELLERS o~ BUYERS may daceare this agreement null arid void and all payments made hereunder shall be reinmeal BUYERS shall pay the belanca of the perchase pdca at the time of the dosing by combination of BUYERS' personal funds and the net mortgage preceeds. B [']CASH: BUYERS will pay the balance of the parchase price in cash at the time of closing. This Agreement is not contingent upon BUYERS obtaining such funds. C. []OTHER FII~L~NClNG TERMS: 1. SU'BJ~CT TO THE BU1rER OBTAINING SUITABLE FINANCING ON OR BEFORE JUNE 30, 2000. IF SUCH FINANCING IS NOT OBTAINI~D, THIS OFFER V/ILL BE NULL AND VOH) AND TH~ EARNEST MONEY RETURNED TO THE BUYER. D f']lf e Mo~gage Aeaumption, Inmllment cotttr'~-t A.,eamplion, or netaltme~ ,'oofnct Bale, m attaeh~l edde~tdum. POSSESSION. ~fBUYERStime~yperformallob~igations.p~ssessi~tor~heReaIEststeshe~bedaliveredt~BUYERSon OR BEFORE JUNE I, 20OI, with any ediustmonts of renl. taxes, insurance. intereel. and other a4:~icabte matters to be made as of the date of transfer of possession. Clesing of the tfa~ shall ecc~x after approval of title and vacahon of the premises by Ihe SELLERS. in the condition ready for BUYERS' possession. Possession shall no~ be delivered to the BUYERS until completior~ of Ihe ck~ing, which shall mean delivery to the BUYERS of all tills transfer documents and receipt of the purchase price funds then dee from BUYERS. If by mutual agreement the padiee select a different passessbn or closing date, they shell execute a separa e agreemen setting forth the terms thereof. REALESTATEYAXES. S~LLERSshe~payaurea~estatetexeswhicharedraandpayabiaandconstiiut~alienagairattheabevedascribedRea~Estataar~danyuapaidrea~esta~etaxesfor any pr~x years. Excapl for the max proralloa hereinafter set forth. BUYERS shall pay all subsequent teat estate taxes. SELLERS ahail also pay a promtad ,,hare of ibe real estate taxes'for the fiscal year ending June 30, 2001. andpayabieinthefiscal'yesrcemmencingJulyl. 2001. besedupononeofthef~to~'mulaa:Sdect(A)[B}or{C}. A. FINal taxes payable in the current f~scel year in which bessess~on is given to Buyers (Do not select this alternative if the currefit years taxes era based upon a vacant lot or perl~ conslruciion assessment.) B. FINet laxes paid in the curreel fiscal ye.,r of possesetch {plus/minus} % thereof. C. I~A~ amounl calculated based upon the assessed valuation. legislative tax rol:~lck. and tea este e max exemptions that wilt actually be al~o4ical~ to and used for the caloulation of taxes payable in the fiscal year commencing Juh,' 1. 200 1 If, at the time of c}esing the tax ra e is no cad fled. then the meet currefit. certified tax rate shell be used SPECIAL ASSESSMENTS. Select: (A) or (B) A. [] SEHERS shall pay all special assessments which ere a lion on the Real Estate as of the date of closi~. B. I"ISELLERS shell pay all installmerits or special assessments which are a I~n on the Rea~ Estate and. if not paid. wonld I:,eco~e ddifiquent during the cats,rider year this offe~ is accepted, and atl pr~ instailmenls thefenf All othe' specia~ assessments shall be paid by BUYERS. FIXTURES. All prc~oerfy that intagraily belongs Io o/is part of the Reel Estate. whether allached or detached. such as light fedurea. shades. rods, binds. automatic garage doc~ openers aed Irar~mitter units. all drape~ rods end curtain rods. awnings. windows. stom~ doors. screens. I:~umbing fixtares. water heaters. water ~otteners (udess water softener is rental}. automatic healing eq~oment. air con&tming equipment. wal~-to-wall carpsting. mirrors attached to walls or doors. flre~ screen and grate. attached bet'oefiue gdlls. weather vane. all built-m kitchen algollances. bullt~n items and electhcai service cable. outside television towers and antenna. fenong. gates and tsndsca~ng ahall be coraidered a part of Real Eatale and also ificluding the fel~,ving: PER PLANS AND SPECIFICATIONS The following Items shall be excluded: DEED. Up~n paymen~~f~h~purchase price~SELLERS sha~~c~nvey the Rea~Estate t~BUYERS~r their assignees' by W.ALI~qjk~I']'Y Deed. free and clem'of all liens. reslrict~ns and encumbrances except as provided in I (a) through I{d) Any general warranties of title s hall extend only to the time ~ acceptance of this offer, with special warranties as Io acts of SELLERS continuing up to time of dellyeW of the deed 8 TIME IS OF THE ESSENCE. Time is of the essence in th~s contract 9 CONDITION OF PROPERTY. A The properly as of the date of this Agrsemenl indudi ng bei~ngs, grounds, and all im~ovements will be presenmcl by the SELLERS in its preeanl condlK3n Until possession, ordmery wear and leer excepted. The SELLERS werranl lhal the heating. electrical plumhing and a r condi m~ng sys eros and all included 81:~pllances will whetha' subject inspection set brth hereraRer or not, be in good working order and condalton as of the dale of delivery of possess ion T he BUYERS shell be permitted access to ihe properly peer to possession soG"~er. m order fo determine that there has been no change a in the conditk:~ of the properly and that it is reedf f~ BUYERS' BThe BUYERS must Choose one of the fL,;lowing allernalive relative to the cen,.~tion and qualib/of Ihe property: 1) I'lWithin calertdar bays .,fear the acceptance dale, the Buyers may, at their sole expense, have the ~ inspected by a pamon or persons of their choice. The inspedicn shall cover the MAJOR COMPONENTS of the Real Estate: central heating system central coding sys enq, plumbing system, dactrical system, roof, walls, ceiling fonndat~on and base- · mane. if any. Within calendar days after complefton of the inspachon peried, the BUYERS must notify in wring the SELLERS' Selling Agent, as Shown heran, of any majo{ deft- cienc, ms, The notif~catio~ musl be accompanL-,d by a copy of Ihe writlen impactten report and by a written eslimats Item a quatilted ca'ttmclor for the cast of repair of such deficiency. IN THE ABSENCE OF WRITTEN NOTICE OF ANY DEFICIENCY FROM BUYER WITHIN THE TIME SPEC FED HERE N, TH S PROVISION SHALL BE DEEMED WAIVED BY PARTIES AND TI-~S CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. The SELLERS shall, within Five (5) calendar days alter recapt of BUYERS' notification, notify the BUYERS in writing of what slaps, if any. the SELLERS will take to correct such deficiency before cloaing. The BUYERS shall, within Five {5) calendar days alter recapt of the SELLERS' notification. notify in writing the SELLERS' Selling Agent lhat. (1) such steps are acceptable, in which case this Agreemeet, as so mocltied shall be binBMlg upon ell padres; er (2) that such ste~s are not acceptable, in which case this Agreemenl shall be null and void. and any earnest money Shall be returned to BUYERS. 2) I~BUYERS ad~nowlsdge that they have been advised of their nghl of ~opedy inspectin and have declined to make seid.in~pedkm. tO WOOD DESTROYING INSECT INSPECTION. Select (A) or A) E:]Within calondardaysafter~habalaacep~e~cedeteofthis~er~BUYERSmay~atBUYERS'expaasehavetheFupedyiespededbi'termitesor°{herw°°ddastrnyinginseds by a I,:,ermed Peel Inspector If active infastatm or damage due to prior infeetatloa is {lecov~ed, SELLERS shai have Ihe aplion of either hav~g the prq3erty beetel for intestatio~ by a licensed pesl Extarminator and having any damage repaired to the BUYER'S satistactiofl, or dedadng this Agreement void. This provtsk~ shall onl apply 1o fefiK:ee, trees, shrubs, or outx~ildings other than garages. BUYERSmeyacceptlheprupertyindsexistingco~dttionwifhoutsuchtreelmenlorrePars. B) [] BUYERS acknowledge that they have been advised of their righi of a peel inspeclinn and have declined to me, e laid irapacticn unless requii'ed by lending institution at which time said inspeclkm world be Buyar's eq:~ense and the Buyer will have the same ~ghts as under paragraph 10 A eftlive inlestatlon or damage due to I:~ infasta6on is aliacovered. 11 I~ISURANCE. SELLERS shall bear the ~k o~ IDes or damage to the property prior to dosing or possession, whichever ~ret {x:curs. SELLERS agree to maintain existing imura~ce and BUYERS may purchase acktlional insurance. ~ntheever~of~u~stante~damageerdestmc6onp~i~bd~sing~f;~isa~reem~ntsha~benu~andvQid~unfaas~herwiseagreedby~hepartias.~ · The Ixep-'dy shall be deemed sul~terdtally damaged or destroyed if it cannot be restored to its ixe~mt co¢~tin~ on or before the riDDing date; provided, however, BUYERS shell have the q~tion Io comptele the closing and receive insurance proceeds regardless of the extent 12 USE OF PURCHASE PRICE. At time of eetilement, funds of the purchase price may be used to pay taxes and other liens and to esquire outsten~ng interests. if any, of others. 13 ABSTRACT AND TWLE, SELLERS, al their expense, shall promptly oblain on abstract of titk~ to the Real Estate continoed hough '~e date of acceptance of this offer, and deliver it to BUYERS for examination. H shell show merchantebte title in SELLERS names in conformity with ~ agreement, Iowa law, and Tie Stendm'ds of hi k~va State Bar Association. The abetted shallbacomelhepropertyoftheBUYERSwherHhepurchesep6ceispaldinfutl. SELLERSsha~pay~hec~stsofany~dc~kma~b~trec~ing~ndti~faw~kdueto~nyast~missmof SELLERS, inckxjng ttansfers by or the deelhofSELLERSor thek'assigness. ~f~tthetime~d~singtbarerem~inunvesdVed~itie~m~thep~dtesegreeteasc~wfr~mthesa~e p~cesdsaasffr.je~am~un~topf~tecttheBUYER~interestsonti~seid~bh~cti~nsmcorrected.ait~wingamiTte~ori~mc~midtomofsaidd~i.ecti~m;~xovided~h~wever~frm~the commerml mortgage lender of the BLPfERS will nol make the roodgage funds available with such escrow, Ihe provisions k/escrow for litle defects shall nol be 14 JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE if SELLERS, imme~ialdy preceding acceptance of the offer, hold fitte to hs Reel Estate in joint tenancy wilh fuji ~ght s urv~vofship, end Ihe joinl tevmncy is nol later da~royed by operation of law or by acts of Ihe SELLERS, theft the pmceecb d this sale, and contin~ or recaptured rights of SELLERS in the Real Estete, shall belo41 to SELLERS as joint tenants wilh full rights d suNivership and nol as tenants in common; and BUYERS, in Ihe event d 1he Oeab~ of ether SELLER, egree to pay any balance of the pdca due SELLERS under this conbad to the sun,,iving SELLER and to accept a deed from the surviving SELLER c~3r',~stent wilh pategreph 7. 15 JOINDER BY $EU.F..R'$ ~POUSE. SELLER'S spouse, if not a title hdder immediately Fecerjng acceptence of this offer, executes this contract only for the i;mq~oee of retimluish~ng of or dowel, homestead and ~rmtrbutk~ share m in co~ianca with with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate conlract for this ptnpese. 16 REMEDIE$OFTHEPARTIES. A If buyers fail te timdy perform INs conlrad, SELLERS may Iodeil it as provided in Ihe Iowa Code, and all peyreer~ts made shall be forfeited or, at SELLERS' option, upen Thirty (33) days written notice of intentinn to acceinrete the pa,/ment of the enlite balance because of such liture (daring which Ihirty da~ such failure is not co~edecl) SELLERS may dealere the entire balance immedmtdy due and payable. Theeafter this contracl may be foredoeed in equity and the Coud may appeint a recek, s. B.If SELLERS fail to timely perform this contrad, BUYERS have ~ right to have ell payments made relurned to them. CBUYERS and SELLERS also ere enlittad to utilize any and all other ~medins or ms at law or in eqjity available to them and shell be entitled to ~tain judgment for costs and attorney tees as permitted by tsw. D. in the went the BUYERS fail to pedonn their obilgaliorm hereunder and the SELLERS successfully forfeif 8ny payments mBde under this coniract, t~ Broker shaft reeeNe from the SELLERS one-half of the fobfelled payment, said one-half not to exceed the total commission due to the Bn3ker. In the event the SELLERS fail to perferm SELLERS' dotigatinns under this contrecl when redai~ed I0 do so, SELLERS shall pay te Broker lhe Brokers commission in the mount set fodh in the SELLERS' Listing Agreement with the SELLERS' Broke. 17 STATEMENT AS TO LIENS. Ir BUYERS intend to assume or take subjecl ts a lien on the Real Estate, SELLERS shall furnish BUYERS with a wdtten stetement Ixior to dosing from holder of such lien, showing the corred balance due. 18 APPROVAL OF COURT. li' the sate of the Reel Estate is subject to Count approval, the fKtudery shall pompfly submit this contracl for' such a~oroval. If this conbad is not so approved by the __day or HIA either pert'/may declare this on~trad ndl and void, and all payments made here~nder shell be returned to BUYERS. 19 CONTRACT BINI~NO ON SUCCESSORS IN INTEREST. This contract shell apply to and bind the successors and interest of the padias. 20 CONSTRUCTION. Words end phtesas shall he constrsad as in lhe singular or rdural number, and as masculine, feminine ~' neuter gerKler, according to c~ntead 21 SURVEY AND SOUARE FOOTAGE REPRESENTATION. The BUYERS may, prior to ck>sing, have the prepedy surveyed at their expense. If they sunmy, certified by a Registered Land Surveyor, shows any encroachment on sa~d property or if any imFovements k3caled on ~he ,~ul~ect property encroach on lends o~ dhars, such eneroachments shall be treated as a this dared. Assuming a re~xesantation for square fontage has been made, BUYERS understend and egree Ihal said repfesentetion is only an approximalin~ of the exacl number or square feel lha preperty contains The BUYERS have the ~ghl to d~lain their own meesurement of ~quare footage 22 AGENCY DISCLOSURE. The Lisling and Selling Agents/Brokers are agents or the padias hereto as outlined below, and their fiduciary dalies of loyally and faithfulness are owed to the party Ihe/represent Hoeever, ~ must Ireat Ihe other pad./with honesty and fairness, The SELLER in this transadion is represented by' KEVEN HANICK/F_,RNIE GALER - LEPIC-KROECER REALTORS (AgenUBrokerege Names). The BUYER In this ttansadion is represented ERNIE CAI~R - LFA'IC-KROECER REALTORS (AgentA~3kerage Names). I[ Agent (Irduding Appointed Agency) and/or Brokerage (including Consensual Dual Agency} Names am shown as representing both padtas, a detailed exp~nation of representaim shaZl be allached Further, Ihe BUYER and SELLER acknowledge thai pdor to signing this agreement that thei~ respectNe Listing or Sdilng Agefit made a written cisctosure of type or represenlation being provided. 23 [] RESIDENTIAL PROPERTY SELLER DISCLOSURE STATEMENT. The ~uyer~)ackn~wfadg~recdPt~ftheReddenUeiPr~pedySe~terDiscto~reStetement~r~rt~ esecutlng this Purchase Agreement. A copy of the Resldeatial Properly hlkr D~closur. Statement Is attached to the Purchase Agreement ~ 4 NOTICE. Any notice required under this Agreement shall be deemed peffsoled when it is received in writing eithor by personal ddivery ~ upon the date of the paetieg of said notice pesled by Cedified Mail Copies of all such sotm shell be also sent to the Lisling Agent and Selling Agent as desgnated in this Agresmont, o,' their Brokers. For the SELLERS: CIO STEVE ATKINS Address: 410 EAST WASHINGTON ST., IOWA CITY, IA For the BUYERS: HOMEBUILDERS ASSOC. OF IOWA CITY Address: 325 EAST WASH!I~GTON ST.~ IOWA CITY, IA 25 REPRESENTA'IqON S. It is understood that no representations made by the agent in lhe nagohatkx~ of this sale are being rdied upon unless incoqx~ted herein o~ endDined in writing. ~ COUNTER PARTS CLAUSE. All parties agree to be tx~nd to this contract even if eveP/party does not eign on one o~iginal, as long aS each coFf that is signed is idontinal to every other signed copy 27 OTHER PROVISIONS./LTHIS OFFER IS SUBJECT TO BUYER'S REVIEW AND APPROVAL OF B(.TI[LD]NG COV'E_NANTS, FINAL CON- STRUCIION PLANS AND SPECS., FINISH ALLOWANCES AND SIGNAGE RECUIAT[ONS WITHIN 30 DAYS O~' THE ACCEPTANCE OF THIS OFFER. R IT IS UNDERSTOOD THAT THIS OFItER IS ~CT TO APPROVAL BY THE LC. CrI'Y COUNCIL BY JUNE 30, 2000. C. IT IS UNDERSTOOD THAT THIS OFFER IS SUBJECT TO APPROVAL BY THE HOMF~BUILDERS MEM~ERSI-H]P BY JUNE 30, 2000. D. SEE ATTACHED ADDENDUI~ "A". 28 TIME FOR ACCEPTANCE. tTthisolferisnolaccepledbySELLERSonorbefore 5:00 dclock(P.M,),o6 MAY31,2(H)O il shall become void and all payments shell be repaid to the BUYERS. "'THIS IS A LEGAL, BINDING CONTRACT IF NOT UNDERSTOOD, SEEK COMPETENT LEGAL ADVICE SS# | BUYER SS# Ts~E~';'1, SELLER For information only The Seller(s) acknowledge recept of the offer (DATE) (TIE) (INITIALS) ADDENDUM "A" FOR PURCHASE AG.REEMENT OF UNIT 1-E (1,193 SQ. FT.) TOWER PLACE AND PARKING, GILBERT STREET, IOWA CITY, IOWA A. Change in real estate description: Unit 1-E of the horizontal property regime to be constructed on Lots 1 through 4, Block 61 of the Original Town of Iowa City, said unit consists of 1,193 square feet, more or less, located on the street level directly south of the entrance lobby on Gilbert Street and to be constructed in substantial conformity with the plans and specifications for the Tower Place and Parking facility. The final recorded Declaration of Condominium which shall submit said real estate to a horizontal regime as defined by Iowa Code 499B shall be in substantial conformity with the draft Declaration of Condominium attached hereto as Exhibit "A". a. Parking: Included in the purchase price shall be one (1) City of Iowa City parking permit without fees for parking in Tower Place and Parking. Said permit is transferable to a subsequent owner of the real estate but may not be transferred independently of the real estate. b. Deed and Title: The parties acknowledge that an appeal of the City' s condemnation of the Harmon Building is ongoing with the only issue being the amount of compensation for the taking. Buyer agrees that the pending appeal will not constitute an objection to title and agrees to accept City' s warranty deed notwithstanding said appeal. EXHIBIT "A" DECLARATION OF CONDOMINIUM TOWER PLACE AND PARKING PREFACE: The Declarant, the City of Iowa City, has deemed it in the public interest to construct a public parking facility at the corner of Iowa Avenue and Linn Street in Iowa City, Iowa, which public parking structure is to include a private parking area appurtenant to a public housing facility, as well as certain privately owned commercial units in a horizontal property regime. As a result of this unusual combination of various ownerships, certain departures from condominium practice are implied. Among those departures is the fact that the basic structure is not a common element as defined by the Horizontal Property Act, but is part of the unit retained by the Declarant. The common elements subject to common ownership and a portion of expenses are deliberately few in number. The association of owners, denominated by the declaration as the Council of Co-owners, has a limited role and is formed as an unincorporated association, meeting only on an ad hoc basis to perform the limited functions necessary. The Declarant, therefore, states that the land described in Article I, Paragraph A of this declaration is hereby submitted to a horizontal property regime as defined by Chapter 499B, Code of Iowa (1999) named Tower Place and Parking, to be subject to the covenants, conditions, uses, limitations and obligations as specified in this declaration. ARTICLE I DESCRIPTION OF LAND AND BUILDING A. Land. The land submitted to the regime herein described is as follows: Lots 1, 2, 3 and 4, Block 61, Iowa City, Iowa, according to the recorded plat thereof. B. Description of Building. The building subject to the regime shall be a 6-level parking facility including spaces for commert~ial units on the west end, as well as commercial spaces at the northeast corner of the building along Iowa Avenue, and along Gilbert Street. The commercial units on the street level along Linn Street shall be constructed so as to allow the later construction of a mezzanine. The configuration of the building and the composite building materials are all shown of record on the building plans attached hereto as Exhibit A. ARTICLE II UNITS The units of the condominium regime, being those areas susceptible of separate ownership ~a.s described by the Horizontal Property Act are relatively located as shown on the schematic diagram filed with this Declaration as Exhibit B and are further described as follows: A. Unit 1A. 1. Definition of Space. Unit 1A is located at the southwest corner of the street level of the structure, consists of 3,827 square feet and allows for future construction of a mezzanine having 1,627 square feet, as shown on plan attached as Exhibit "A". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of - the wall separating Unit 1A from the remainder of the structure and from the outside. Unit 1A excludes the stairway located at the southeast corner, as such stairway exists between the bottom elevation of Unit 1A and the top elevation of Unit 2A, which stairway is a limited common element appurtenant to Units 1A and 2A as defined herein. 2. Easements Appurtenant to Unit 1A. The owner of Unit 1A shall be entitled-to the right of access to said unit over and across the portion of Unit 3 labeled on the plans as Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. 3. Limited Common Elements Appurtenant to Unit 1A. Appurtenant to Unit 1A, and therefore devolving to succeeding owners of Unit 1A without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in the stairway at the southeast corner of Unit 1 A, bounded on the bottom by bottom elevation of Unit 1 A, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1A and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1A and 2A, as they may determine. 2 b. Seven City of Iowa City parking permits for parking without fee in the ' parking portion of the regime, two of which are to be specifically located on the ground level of the parking in the south parking bay directly east of the transformer. These parking rights may not be sold or assigned separately from Unit 1A. B. Unit 1 B. 1. Definition of Space. Unit 1B is located at the northwest corner of the street level of the structure, consists of 3,958 square feet and allows for future construction of a mezzanine having 1,638 square feet, as shown on plan attached as Exhibit "A". The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by the finished ceiling elevation of 702.00, and on the sides by the inside surfaces of the wall separating Unit 1B from the remainder of the structure and from the outside. Unit 1B excludes the stairway located at the northeast corner, as such stairway exists between the bottom elevation of Unit 1B and the top elevation of Unit 2A, which stairway is a limited common element to Units 1B and 2A as defined herein. 2. Easements Appurtenant to Unit 1B. The owner of Unit 1 B shall have the right of access over and across that portion of Unit 3 labeled on the plans attached as Exhibit B as the Exit Court, which Exit Court accesses the public street and the public elevators and stairways at the east end of the Exit Court, which in turn has access to the public parking on each of the parking levels. 3. Limited Common Elements Appurtenant to Unit 1 -B. Appurtenant to Unit 1 B, and therefore devolving to succeeding owners of Unit 1 B without special reference to such rights appearing in'the conveyance documents are the following ownership rights which are limited common elements of the condominium regime. a. An undivided one-half interest in the stairway at the northeast corner of Unit 1 B, bounded on the bottom by the bottom elevation of Unit 1 B, on the top by the top elevation of Unit 2A, on the sides by the inside surfaces of the concrete walls definin9 the stairwell. Maintenance responsibilities shall be apportioned between the owners of Units 1B and 2A, as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibilities for this stairway. The door from the stairway to the exterior shall be part of Unit 3, but shall be maintained by the owners of Units 1B and 2A, as they may determine. C. Unit 1C. 1.' Definition of Space. Unit 1 C is located on the lower level of the north side of the building along Iowa Avenue having gross area of 4,044 square feet being defined on the bottom by finish floor elevation of 670.00, on the top by ceiling elevation varying between 678.33 and 683.45 feet, and on the sides by the inside surfaces of walls defining the unit as shown on the attached plans. 2. Easements Appurtenant to Unit 1C. The owner of Unit 1C shall have an easement for access to such unit over and across that portion of Unit 3 that is shown on the plans to be the hallway leading from the southeast corner of the unit connecting to the entrance court from Gilbert Street, and over the entrance court itself. 3. Easements to which Unit Ownership is Subject. None. D. Unit 1D. 1. Definition of Space. Unit 1D is located at street level of Gilbert Street at the northeast corner of the building. Unit 1D has gross area of 3,145 square feet and is bounded on the bottom by finish floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the " inside surfaces of the walls defining the unit as shown on the attached plans. 2. Easements Appurtenant to Unit 1D. The owner of Unit 1D shall be entitled to an easement for ingress and egress to said unit over and across that portion of Unit 3 which is the hallway affording access to the southwesterly portion of Unit 1 D and over and across that portion of the entrance court off of Gilbert Street leading to the southeasterly entrance of Unit 1 D and to the entrance to the hallway described above. 3. Easement to which the Unit Ownership is Subject. None. E. Unit 1E. 1. Definition of Space. Unit 1E is located on the east side of the street level of the building along Gilbert Street, immediately adjacent to the south of the entrance court providing access to Gilbert Street. Unit 1E has gross area of 1,129 square feet and is bounded on the bottom by finished floor elevation of 666.67, on the top by finished ceiling elevation varying between 678.33 and 679.33 feet, and on the sides by the inside surfaces of the walls defining the unit as shown on the attached plans. 4 2. Easements Appurtenant to Unit 1 E. The owner of Unit 1 E shall be entitled to an easement for ingress and egress to said unit over that portion of Unit 3 that is the entrance court off of Gilbert Street. 3. Easements to Which Unit Ownership is Subject. None. F. Unit 1F. 1. Definition of Space. Unit 1F is the reserved parking area on the lower level, having access to the public street system on Gilbert Street and having gross square footage in the amount of 15,500 square feet, all as shown on the plans, which unit is bounded on the bottom by the sloping surface having variable elevation forming the bottom deck of the parking within the unit, on the top by the underside of the level of parking next succeeding vertically, on the south side by the inside surface of the exterior walls of the structure, on the west by the inside surface of the most westerly wall of the lower unit, on the north by the south wall of the areas labeled successively from west to east, "Electrical Room, landscaping, snow pit, Mechanical Room, landscaping, snow pit, landscaping", and then following to the south of the inside surfaces of the wall defining the westerly portion and southerly portion of the area located on the attached plans as 1 E and on the east by the projection of the inside of the support pillars of the ingress and egress onto Gilbert Street, excluding from such area the stairway (as defined by the inside surfaces of the concrete walls forming the stairwell) and the elevator shaft and entrance lobbies for the elevator, both located at the southwesterly corner of the unit. The unit includes the parking gate equipment located therein. 2. Easements Appurtenant to Unit 1F. Appurtenant to Unit 1F is an exclusive easement, existing for so long as Unit 1F is appurtenant to a public housing project in which all units are occupied by residents who are initially admitted by qualifying for some form of rental assistance, or is subject to a mortgage and Regulatory Agreement dated and recorded September 3, 1980 in Book 291, Page 309 and in Book 580, Page 100, respectively, for ingress to and egress from the ground level to the surface level of Unit 1 F over and across the stairway and elevator (with associated lobbies) described in Paragraph 1, immediately above. 3. Easements to which Unit Ownership is Subject. Unit 1F is subject to an easement for ingress and egress in favor of the City to the eastern-most area labeled "landscaping," immediately to the north of the unit. Such access will be exercised through the doorway from Unit 1F into the eastern-most area labeled "landscaping" and will be limited to such times and in such manner as is reasonable in light of the parking use of the owner of Unit 1F. 4. Maintenance Responsibility for Stairway and Elevator. The City shall be responsible to maintain the mechanical and electrical systems associated with the elevator excepted from the definition of Unit 1F. The owner of Unit 1E shall be responsible for routine cleaning of the elevator and associated lobbies and the stairway over which the owner of Unit 1F has an access easement. The Cit. y shall indemnify and hold the owner of Unit 1F harmless from damages resulting from t~e City's performance or failure to perform its maintenance obligations described in this paragraph. The owner of Unit 1F shall indemnify and hold the City harmless for damages resulting from said owner's performance or failure to perform its maintenance obligations described in this paragraph. G. Unit 2A, 1. Definition of Space. Unit 2A is the commercial area located on the second full level at the west end of the building. Unit 2A has gross area of 7,674 square feet and is bounded by floor elevation of 702.67, ceiling elevation varying from 712.33 to 713.33 feet, and the inside surfaces of the exterior walls defining the area, not including the space labeled "Open to Below", (immediately below the clocktower) and excluding the elevator, stairway, and lobby area along the easterly side of the unit, and further excluding the stairways at the northeast and southeast corners of Unit 2A. 2. Easements Appurtenant to Unit 2A. The owner of Unit 2A shall have a right of ingress and egress over and across the entryway and stairway and elevators leading from the second level down into the exit court on the first level, and up to the parking levels, 3. Easements to which Unit Ownership is Subject. None. 4. Limited Common Elements Appurtenant to Unit 2A. Appurtenant to Unit 2A. and therefore devolving to succeeding owner of Unit 2A without special reference to such rights appearing in .the conveyance documents, are the following ownership rights, which are limited common elements of the condominium regime. a. An undivided one-hal'f interest in each of the two stairways located at the northeast and southeast corners of Unit 2A, bounded on the bottom by the respective bottom elevations of Units 1A and 1 B, on the top by the top elevation of Unit 2A and on the sides by the inside surfaces of the concrete walls defining the respective stairwells. Maintenance responsibilities shall be apportioned, in the case of the northeast stairway between the owners of Units 1B and 2A, and in the case of the southeast stairway, between 1A and 2A, as these respective sets of owners may, from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for either stairway. The doors from each stairway to the exterior shall be part of Unit 3, but shall be maintained, as to the north door by the owners of Units 1 B and 2A, and as to the south door by the owners of Units 1A and 2A as they may respecti~zely determine. H. Unit 3. 1. Definition of Space. Unit 3 is the public parking facility and shall consist of all parts of the structure not specifically defined as lying within any of the other units or limited common elements. Unit 3 shall consist of all structural elements of the structure or limited common elements, including all walls separating Unit 3 from other units or from the outside, including all windows and doors in these walls. 2. Easements Appurtenant to Unit 3. The City reserves right of access over and across Unit 1F for access to the easterly-most space labeled "Landscaping", as shown by the plans to be north of Unit 1 F. 3. Easements to which Unit Ownership is Subject. Unit 3 is subject to easements as above described in favor of the commercial units 1 A, 1B and 2A over and across the exit court adjacent to Linn Street and the elevator stairway core immediately adjacent to the exit court providing access to the commercial spaces and to the public parking area. Unit 3 is further subject to easements for ingress and egress in favor of Units 1 ~C, 1-D and 1-E over and across the entrance court and stairway core having access to Gilbert Street and is subject to the access easement in favor of Unit 1F as described in Article II, F2, above. 7 I. Provisions Applicable to all Units (Except Unit 3) 1. Defining Surfaces of Units (Except Unit 3). The unit definitions above describe the boundaries of the various units (except Unit 3) to be the "inside surfaces" of the walls forming the units. Each of these walls is a poured concrete wall, such that the unit boundary is to be the surface of the wall closest to the unit being defined, Similarly, the floors and ceilings are formed by poured concrete surfaces, such that the horizontal unit boundaries are the concrete surfaces of the floor and ceiling close to the unit being defined. The implication of these definitions is that Unit 3 contains all concrete walls, floors and ceilings, but the individual units include aH studs, drywall, subflooring, drop ceilings or other structural elements affixed to the concrete surfaces. 2. Variations in Floor and Ceiling Elevation Due to Construction Irregularities. The inside surface of any floor or ceiling for which an elevation is given above as a defining plane of any unit varies, due to construction irregularities, from the planned elevation, the unit shall be defined by the surface as actually constructed, 3. Projection of Structural Elements Below Top Elevation of a Unit. There shall be excepted from each unit (except Unit 3) any portion of a structural element contributing to the rigidity of the building which projects below the elevation stated above as the top surface of the unit. 4. Subdivision of Units. Units 1 A, 1 B, 1 C, 1 D, 1F and 2A may be subdivided into smaller units, susceptible of separate ownership, subject to the following limitations: a. No division shall affect the exterior integrity of the structure without the express permission of the owner of Unit 3, as expressed by the City Manager or his designee. b. No resulting unit shall be smaller than the original size of Unit 1-E. (Unit 1-E is therefore not subject to subdivision). c. All procedures for subdivision specified below are followed. 8 5. Procedures to Subdivide. In order to make a unit susceptible of subdivision eligible for separate ownership, the owner of the unit to be subdivided shall file with the Johnson County Recorder a document entitled "Amendment of Declaration of ., Condominiurn for Subdivision Purposes", which document shall contain the following provisions: a. A description of the newly created subunits, as illustrated by a graphic representation filed with the amendment. b. A unique designation for each subunit, using as a basis the original unit designation. Example: If Unit 1A is to be divided into two subunits, the filed documents should designate the subunits as Unit 1-A- 1 and Unit 1-A-2. c. An allocation of easements to which the original unit is subject and which are appurtenant to the original unit among the respective subunits. d. An allocation among the proposed subunits of the percentages of responsibility for common expenses and of voting power originally assigned by this Declaration to the unit to be subdivided, based on relative areas of the property subunit. e. Special Restrictions on the Subdivision of Unit 1F. In addition to the requirement of subparagraphs a, b, c, and d, no subdivision of Unit 1F shall involve relocation of the entrance to the parking area from Gilbert Street or involve the use of any subunit for short-term parking. 6. Cross-Easements. Each unit is entitled to an easement over all other units for the placement, operation, maintenance and replacement of utility services, such as gas, electric, water and sewer, telephone, cable television and any other service utility, as shown on the plans filed with this Declaration. 7. References to the City. Throughout this declaration, references are made to "The Declarant", "The City", and "The Owner of Unit 3." All of these terms are interchangeable and refer to the City of Iowa City, Iowa. 9 ARTICLE III COMMON ELEMENTS A. General Common Elements. The general common elements.of the condominium shall be the following: 1. Land which is dedicated to the regime. 2. The rooms on the lower level labeled "Mechanical Room" and "Electrical Room". 3. The heating unit and cooling unit located within the Mechanical Room and associated ductwork from the heating and cooling unit to the boundaries of the respective units. 4. The electrical service to the electrical service box from the street. B. Basis of Allocation of Expenses Regarding Common Elements. 1. To the extent that any expenses to the common elements are measurable by metering the allocation of those expenses for general common elements shall be allocated based on the meter readings. To the extent that the expenses of common elements may not be allocated based on meter readings, the following percentages shall be used: I!nit.~ % nf FxpP. n.~. 1A 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% This allocation represents the relative proportions of heated and cooled space within the regime and does not represent ownership proportions. C, Limited Common Elements. For description of limited common elements within this regime, see Articles IIA3, lIB3 and IIG4. 10 ARTICLE IV ADMINISTRATION OF COMMON ELEMENT~ A. Council of Co-Owners. The body administering the common elements shall be known as the Council of Co-Owners, composed of all owners of units in this regime with one membership with respect to each unit. The affairs of the Council of Co-Owners shall be regulated by this article of the declaration which shall stand as the by-laws of the organization. The organization shall be unincorporated. For the purpose of determining membership in the Council of Co-Owners, the owner of the fee title of a unit shall be the member with respect to that unit, except in the event of a unit having been sold by recorded installment contract, in which case the contract vendee shall be the member. In the event of multiple fee titleholders or multiple contract vendees of a unit, the membership rights for that unit, including voting, shall not be divided, but shall be exercised in a block as the multiple co- owners may determine among themselves. B, Meetings of the Council of Co-Owners. The Council of Co-Owners shall have no regular meetings, but shall convene on written notice to all owners by any owner, which notice shall be delivered by ordinary mail at least 10 days prior to the proposed meeting. The subject matter for the meetings shall be limited to any issue concerning the common elements, the charges arising therefrom, or the termination of the condominium regime. C. Voting Rights at the Meetings. At any meeting of the Council of Co-Owners, quorum for which will be the presence of owners owning at least 50% of the voting power as described in this paragraph, the following voting rights shall be recognized: 1. For all issues concerning the common elements, except amendment of the declaration or termination of the regime: tlnit.~ % nf Tnt~l Vnte 1A 18.4% 1B 18.9% 1C 13.7% 1D 10.6% 1E 3.8% 1F 0% 2 25.9% 3 8.7% 11 2. For amendment of the declaration or termination of the regime: Unit % nf Tnt~l Vnta 1A 2.4% 1B 2.5% 1C 1.8% 1D 1.4% 1E 0.5% 1F 6.8% 2 3.4% 3 81.2% This allocation represents the percentage ownership interest of the respective units in the common elements. D. Recordkeeplng. The City shall keep the records of all the meetings of the Council of Co- Owners. E. Information Regarding Common Expenses. All charges for repairing, maintaining and replacing the common elements shall be received by the City who shall then calculate the shares of the respective owners as provided in Article III above and shall present statements for the same to the respective owners. F, Payment of Shared Common Expenses. Within 30 days of the receipt of the statement from the Declarant of shared common expenses, individual unit owners shall remit to the Declarant their respective shares of common expenses. G. Lien for Assessments. Unpaid assessments shall become a lien on the unit assessed and be subject to the collection remedies as described in Section 499B. 17 of the Code of Iowa (1999). H. Amendment to this Article. It is stated that amendment to this article, serving as by-laws of the Council of Co-Owners may be made in the same fashion as provided herein for the amendment to any other of the provisions of the Declaration. 12 ARTICLE V MAINTENANCE RESPONSIBILITIES A. By City of Areas Subject to Access Easements. The City shall maintain the areas shown on the attached plans as the exit court and public stairways (not including the stairways that are limited common elements appurtenant to Units 1 A, 1B and 2A) and the public elevators and associated access ways, and the elevator located within the confines of Unit 1 F in 8 manner consistent with the manner in which the City maintains other public buildings such as the Civic Center, Recreation Center, and Public Library, or otherwise in a safe, sanitary and serviceable manner, including snow and ice removal. B. By City and Other Owners of Dumpster Areas, The City shall assign to each unit owner a designated dumpster area. The City shall maintain the exterior walls of the dumpster areas shown on the attached plans. The individual owners shell be responsible for their own trash removal, and shall be responsible to correct any condition caused by the owner or its trash removal contractor. No dumpstar may be placed in the public alley. Any individual owner who fails to maintain the dumpstars and dumpster areas in a safe, sanitary and serviceable manner shah pay the expenses incurred by the City in performing such maintenance, after written notice to the owner specifying the particular failure, to which notice no corrective response is made within 10 days. C. By City of the Exterior of the Structure and the Parking Surfaces. The City shall maintain the parking surfaces in the public area and the exterior of the structure in a safe, sanitary and serviceable manner. Included in this obligation is the obligation to clean the exterior windows of the structure, including the individual units, at least once a year during March, April or May. D. By The Ecumenical Housing Corporation of Unit 1 F. The maintenance of all of the facilities within Unit 1F shall be performed by Ecumenical Housing Corporation. Included in this responsibility is the parking surfaces, lights and parking gate equipment. For maintenance of the elevator, elevator lobbies and stairway serving Unit 1 F, see Article IIFS. E. By Owners of Units 1A, 1B, 2A, 1C, 1D and 1E. 1. Each unit owner of Units 1 A, 1 B, 2A, 1C and 1 D shall perform all maintenance on all of the areas and equipment located within its respective unit. Each of the unit owners shall perform no alterations affecting the structure without the written permission of the City, provided that interior decorating may be performed without permission. No work on the exterior of the structure shall be permitted without the written permission of the City. 13 2. The owners of the units 1 A, 1 B, 2A, 1 C, 1 D and 1E may affix signs to the exterior of the structure consistent with the provisions of the Iowa City Sign Ordinance and with the written permission of the City pursuant to then-existing written policy on signage adopted to assure compatibility with' the appearance of the structure as expressed by the City Manager, or his designee.. After permitted installation of such a sign, maintenance of the sign shall be the responsibility of the unit owner to which the sign pertains. If an owner fails to reasonably maintain an installed sign, Declarant may perform such maintenance and assess the owner for the reasonable costs thereof, after written notice to the owner specifying the particular failure, to which notice no corrective response has been made within 10 days. 3. The owners of Units 1 A, 1 B, 1 C, 1 D, and 1E shall have the responsibility to remove snow from the public sidewalk adjacent to their units to the same degree as other Iowa City owners have, as specified in the City Code. The City shall remove snow on the remainder of the sidewalk. 4. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D, and 1E shall have the obligation to maintain the doorways and windows to their units, including the obligation to replace any broken glass and to perform any cleaning required on a more frequent basis than the Declarant cleaning described in paragraph V, C. 5. The owners of Units 1 A, 1 B, 2A, 1 C, 1 D'and 1E may perform, but shall not be required to perform, at their own expense, maintenance, such as cleaning, on the portions of Unit 3 such as hallways, exit courts, as may be adjacent to the units. Any unit owner performing such maintenance shall hold the Declarant harmless from any damages arising from it. F. Responsibility for Damage to Other Units. If because of the acts or omissions of a unit owner or its agent, tenant, invitee or licensee, damage is caused to the general or limited common elements or to a unit owned by another, the responsible unit owner shall be liable for such damage. 14 ARTICLE VI RECONSTRUCTION OF THE REGIME IN THE EVENT OF DESTRUCTION BY CASUALTY A. Casualty. Insurance. Since Declarant is the owner of the structure of the regime, the Declarant shall provide the entire casualty insurance for the building, excluding the units other than Unit 3. As such, casualty insurance is not an expense subject to allocation. However, non-declarant owners of any unit shall be responsible for casualty insurance for anV damage Occurring within their respective units. B. Decision to Reconstruct. In the event of a casualty creating a partial or total destruction of all or any part of Unit 3, it shall be duty of the Declarant to restore the structure to its originally constructed condition, except in the event the Declarant decides not to reconstruct and receives the permission of 75% of the total voting power of the non-declarant owners as described in Article IVC2. A decision of the Declarant not to reconstruct must also receive the consent of all of the mortgagees of the non-declarant owners who have consented to the decision. In the case of the decision not to reconstruct, the regime shall be deemed to be dissolved and subject to partition and sale. In the event of partition and sale, the proceeds shall be distributed as specified in Article IVC2. If the Declarant decides to reconstruct after a casualty, reconstruction of the improvements of the individual units shall be the responsibility of the individual owners, funded by the proceeds of individual insurance policieS; or otherwise, as the owner may determine. C. Plans in the Event of Reconstruction. The plans and specifications for any reconstruction after a casualty shall be substantially the same as the plans and specifications of the original structure. D. .Casualty Affecting a Single Unit. If casualty to a single unit occurs such that only parts of a unit are affected, the individual unit owner shall be responsible for the expense of reconstruction and repair. If a casualty affecting only a single unit remains unrepaired six months after the casualty, the Declarant may cause the necessary repairs to be made and impose the reasonable costs thereof as a lien on the affected unit. 15 ARTICLE VII USE AND OCCUPANCY RESTRICTIONS A. Use of Mechanical and Electrical Rooms. Each of the owners of units in this regime shall have access to and use of the Mechanical and Electrical Rooms which are common elements of this regime for purposes of installation, operation and maintenance of such service equipment relating to each unit as may be located in these rooms. No unit owner using the mechanical and electrical rooms shall impair the reasonable access to or use of these rooms by any other owner. No storage of any type shall be permitted in the Mechanical or Electrical Rooms. B. No unit owner shall make any use of any unit which threatens the ability of the City to obtain any appropriate insurance coverage. C. Parking. Parking for the owners, employees and invitees of Units 1 B, 1 C, 1 D, IE and 2A may be made available under the parking policies from time to time adopted by the City. D. Leasing. The owners of Units 1 A, 1 B, 1 C, 1 D, 1 E, 1F and 2A may lease all or part of their units subject to the following conditions: 1. The lease must be in writing. 2. The lease must provide that the leasee is subject to the provisions of the condominium declaration and that failure by the tenant to comply with the condominium declaration shall constitute a default under the lease. The lease shall contain the acknowledgment signed by the tenant that the tenant has received copies of the declaration. 3. No lease shall allow relocation of the entrance to Unit 1 F from Gilbert Street or shall allow the use of Unit 1 F for short-term parking. 16 ARTICLE VIII TERMINATION OF CONDOMINIUM FORM OF OWNERSHIP Any termination of the status of the regime as a horizontal property regime under Chapte. r.499B of the Code of Iowa shall be performed pursuant to Section 499B.8 Code of Iowa (1999). The undivided interests of the respective owners after termination shall be as described in Article IVC2. ARTICLE IX AMENDMENTS TO DECLARATION This declaration may be amended by an affirmative vote of 75% of the total voting power of the regime as descr.ibed by Article IVC2 at a special meeting of the Council of Co-Owners, provided that no amendment is effective to reduce a percentage ownership of any unit owner, to reduce easement rights appurtenant to any unit, or to increase any owner's obligations, unless that unit owner and its first mortgagee have consented in writing. The maintenance obligations of the City expressed herein cannot be reduced without consent of all non-City owners. The amendment to the declaration is effective upon filing of a copy of the same in the office of the Johnson County Recorders= Signed this 'z_D day of '3'~<~ E , 2000. by: ~~~ by: STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) This instrument was acknowledged before me on this ~ day of '~ , 2000, by E,-n~s~ ~, LeA,~ , Mayor, and ~,-~,,~ /<. ~qry~ City Clerk of the City of Iowa City, respectively. Notary Public in and for said State of Iowa My commission expires: 3- 7- c.~ 17 EXHIBITS A. COMPLETE BUILDING PLANS B. SCHEMATIC DIAGRAM OF UNIT LOCATIONS 18 Iowa Avenue Tower Place U~it Prjces (no mezzanine) Space 2-B 3,941 sq. ft.$472,920 First Floor Space 1-C 4,423 sq. ft.$574,990 Space 1-D 3,332 sq. ft.$439,824 Space 1-E 1,193 sq. fi. $155,090 LEPIC-KROEGER REALTORS 2346 Moron Trek BIrd. ..~ , . nsensual Dual Agency. Addendure' (Iowa law req,ha {flit ~Octtmem to be 'innerpunted and ekled'fi e sup I~emenl to the purchue agreetnenl) TO BE SIOHED BY BUYER BEFORE .~IGNIHO OFFER AND TO BE glOWED BY SELLER BER)RR RRVIEWI~ OFFER. ']r.l~R(]). .CITY OF IOWA CITY BUYER(S) . NONE BUILDERS ASSOCIATION OF I'QWA CITY ADDREMOFPO~R'Y TOWER PLACE , GILBERT ST. IOWA CITY, DAll~OFPURCIIANEAOR.EEMENT '. ' 5~T9/00 1. IIF-,gCRIPTIUN OF 81TUAI'!ON Lepl~ Kroeler REALTORS hma an nitcement wi~h Ihe NeWer wheteb~ I,epIc Kroeler 'UALTOM b 8aller'i Allot to aeH nr 1cue property located el UNTT 1-3 T(;)WER. PLACJ~o GZT,BERT ST... IOHA' CZTY'{ ,l~lc Kinclef IEAI:rOR~ Is xisa reptfientlnI the But'or/Tenant as Ihe 8uyet'l Allot In bcale lrop~), to putchano or kilo· ~dler'l preperlL And bo!h gelkr and BUyer widt to nentlnue to till the lervlcer nl Lenin Kenliar REALTORN who nnw b a · .. eonlenlttxll)udAlenc).. s.' DIUICRIPTIoN Of LEPIC KRORI3KR ItF. ALTORg ROL~, · lle.caute Leplc Kroager REALTOP. q il ~htg u ageM fur both Wallet end I!uyer I.'iltis. Ltencacdou, Lenin Kroqot RE. ALTOR8 Ih~ make eves[ leuonabJa effort t9 rot.in letpar. tilt to Seller ind lure. However, reprfi endeft mere than one partS, to i Irona,lclbn cotdd I~ PJ eat lute concern mince both cleule rnq tdy dee n {]t~ Alantee edvke, m~d diestie' ~ up octlye icier e~te may ba tdvMe& to each ef~er. Allot will nodalrot to bO Impl~tlet between tellot end Buyor and wgl not torment the inter eel O( dthN ~n getter nl ]}ttyev tO the exclusion ol detrhneul of IJ~e ot~er. 8elkr and Buyer IclmewledJe that prior to me time Ibis ConBehind Dual Agency wu edited loin LepIc }(roeJar REAl,TORe aded u~d ideS u tl~ EmC~Jv'l AIeM nl Bul'~. In thoaa lopMile lolls, Allot may have nitmined injonnation whlch~ tl ~sed, could Ilazm the berldnkl position of the pmty ~m, ldtne luch I lYereefing re Agent. ~elter e,d Bnyer force that Lenin Kroe~er nMALTOR.~ sl,~l not be I~lbla to tittier patty fur refusln~ or jo~nI to dl.cJole h~tormatkn which In thejoin ribelation nf Use Apul would harm one pmy's bargainIng poddine but would benlilt the other party, '11m MiravieS InformaUnt canuol be disclosed by Lenin Kroe~r REALTOP.3 when Ictlng U d~ agent~ withtit t~ informed el~ten nnnlant el ilsa dle,I to whet il,e In/or- mtt]en,p~rle4nli i The Buyer b wing In pl),'more than he pnrc]iue price offered/or Inn property. · B. 'flletBe]lerbwllgnltoicceptbfH]mntheasklnlprlcejorthepropatty. C. WI;at ntodvatlnl ledoff are for any cheer buFtq..iel[nI or letting I plopcity. I). 1hal eerie wg xgree JO rmanb] termt otef thin thola offered., l; DE..qCRIPI'IOH OF BItOKSRAOS 81LRVICS8 A. 9am~Lep~c~ezREALT~R~n{[i~uale~a~CA~D~e~ar~it~d]~ttyer~wit~cth1g~Can~tt&[[1umiA~ntr · Provide helpful information about the property end area to DaTer. ' Re~pond accurately to questirma ~out the · INscjoie/lnsndl~ qu~dl/]catlonl of Duyer to'Seller. . F. xplaln red e~ti~e terma ind proeeduffi. . F.~pid. To finyet tl,e behe~a of heyled the property inepeded. · F..xpidn clodrig coftl and pronedeft. ' ' Help Ihe Buyer compare litann}he altoreel{vii. . · 'Fanride loreeat(Ion about cempare. bh ropetails 8o 8eater mad BuW m~ make in esacato<[ derision o~whet price to iccept ot ' A.is/w~ the standold offer form Ihat waft indude the necfisaty protecdonJ sad diodesurea lot adler ~d Bul, er. · · Work allSilently to facilitate bhe lale within the icope of oU~ expertlee led recommend when outside expartl Ihould be letdeed. B. Whet Lgplc I(roe(ot REALTORS ~nd ill effi~tud al~nle MU~T DO under Iowa law for nilera and hl, ml when acUnIii Conletll~d Dual A Jantea · i.form Buyers or Seneca that the)' ARE NOT REQUIRED to consent Io dual qN:cy. · hodde brokerego lotvices to Bityet tel gellet hoeestty ind tit load toMt. ' Dilleasily exordre reasonable sllgl and care in prodalei brokerlie rotHcel to Buyer anc[ · Disdon to Buyer and Seller el moteT~al e4verae inctl that ate knew.~ ancap*~ JOT the followbig: 1. ' Maimlot advotle lids kno'.,/n by BuNt ind Seller. i. ~leriai mllwse lads B.yer or Seller could dlscover through i tenonably dgilent inspection. and whl~ would flatter J(I,e oV aimJilt drcunlet&ncfi, 3. Material edMVae lade Ore ribcloture.of ~tl~, b ixohibltedb~ 4.. Material ed~erse Sects mat are ]mows In ~ person who condud~ in !rapedIon on b~]/of Bum or 8eDer. C. · Ac~outfi for ~11 ,l~opetty comihl Into the poiafisloa pl Lenin Xreeler REALTOM thet belongs to .lluye er Seller whh~ s reasonable time of recehln~ the |~operty. D. tilldole to the clent aq In/ormetlun known by topic KroeJer REALTORS that b ma~lal to tho IronsKi]on and ~et Is not known by tie chnt or could lint be dis. covlrdd h the citeill throulh t TeensEly dillgeM inepectlgu, E.Fulfill any eb~fatlon that Is wfthtn the lcope nf Ihe agency agreement, except thusa obffptJOni thlt ire incensbtent with other tlutiem that I.eplc rdoeger REAl:tORe-hit tinder 1owe Rcemdnf ~a~ or any ether law. ~. Disclose any [inandal fitter|its the Ales( of the brokerage Im in any bushisis entity to wh[dt the agent or broke~qe teleli & client for any furace or pfo.dttd tallied to saint Ironaact~n. 4, Br~,r~RIFTtOH bF s~Ll,~i~'s AND BUY~,P.'8 ItOLM lieclose of Aleh('s Consensual Dull Agency relatiul~lllp Softer and Btlyer nnderltlfld thll the~ have the rfipelulblmy of maklnI Ihalr own deeduel ii to whir terml are In be Induded in any purehue esteemed. Softer and Buyer also ack nowledge ~ the}, are lwue of the implications ef Leplc KroeJar. REALTOM dud agenq rob. end Ihal Die)' have d~telmined that the ~estellta e~ entering into a Irenaacllo~ ~etween 1hem and Laplc Kineye REALTORS ~wd~h sdd Impllmlom. Sen nd Buyer tmdotllJnd that they may leek Jndepeflde,t legal coonill In order to Assist them with any matter relating In I porchfie agreemelt or to the triesidiot which is ilia lubJect miller o{ e pnrdtue agree- meet. I~. f~ PI/RCHA~E AfIREEMENT JS PtO']' ACCEPTED OR LOSS NOT CLOGS ' In the event that Seller end Bu.ve, do net enter Iqlo an offrecreant for purc~emo and ask of -qelIsr*l property to guyot,' or hi the eyenl filet the pmch.e and fete provided Ior I. the putchile qteeme~t between the Seller mid Buyer does not dole, then the Cettlanaud Dual A illicy role of Lapk ~oeget ReALtORS will clue Led Le~lc RteeS~ REALTORS w~l become dul exdudve Anent of nuyer and Softer bued on prevjondy agreed legtea. AQi~NCY DISCLOSURE ~llar ind nuyer Kknm~,led~e and alree that Lepk Kroe~er RRAI,TORS b uudertaklnI a Cellle~tlua] Dual AloneI ~eprfientatjon In the lale of the above propertF. ,Soljet and nnyer have preysOuch, bee, informed of the pollbUlly uf m Canlab|ud Du~t A le~cy IrIsln~ il m Buyer wo~tIn/.wah .. A~ant bacumu Inler~tad in I propStit~ lt~sed w}th [epic Kinclef REALI'Onh. litvinE re,d the type of reprfientatton m be provt~tod, hoar ted B~el cuuse~ to thll ~clolad dual qet~cy ted hereby coltfilm by ~q.nten Burer'l 8}~neture Date 8 Dale Buyel'l $11nllute Date gelter'a 311na{urt UMe 06-20-00 10 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-223. RESOLUTION AUTHORIZING CONVEYANCE OF A SINGLE FAMILY HOME LOCATED AT 1417 FRANKLIN STREET TO THE TENANT. WHEREAS, the City Council of the City of Iowa City functions as the Iowa City Housing Authority; and WHEREAS, the Iowa City Housing Authority owns a single family home located at 1417 Franklin Street, also known as Lot 5 in Block 1 of Highland Development Addition; and WHEREAS, the tenant at 1417 Franklin Street has offered to purchase this home for the principal sum of $73,000.00, which is the appraised value of the property; and WHEREAS, this sale would provide the opportunity for a low-income family to obtain ownership of their own home; and WHEREAS, on June 13, 2000 the City Council adopted a Resolution declaring its intent to convey its interest in 1417 Franklin Street, authorizing public notice of the proposed conveyance, and setting the date and time for the public hearing; and WHEREAS, following the public hearing on the proposed conveyance, the City Council finds that the conveyance is in the public interest. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that: 1. Upon the direction of the City Attorney, the Mayor and the City Clerk are authorized to execute a warranty deed conveying the City's interest in 1417 Franklin Street, legally described as Lot 5 in Block 1 of Highland Development Addition to Iowa City, Iowa, according to the recorded plat thereof, to the Tenant. The Mayor and City Clerk are further authorized to execute a second mortgage agreement and resale agreement with said family for a second mortgage from the City in an amount not to exceed $14,600.00. 2. The City Attorney is hereby authorized to deliver said warranty deed and to carry out any actions necessary to consummate the conveyance required by law. Passed and approved this 20th day of June ,2000. Resolution No. 00-221 Page 2 It was moved by 0'Donne] '1 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 /'V~ t ~ . ,,/ 06-2'0-00 11 Prepared by: Eleanor Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-222 RESOLUTION AUTHORIZING CONVEYANCE OF LOT 85, SOUTH POINTE ADDITION, PART 5, LOCALLY KNOWN AS 1552 DICKENSON LANE, IOWA CITY, IOWA TO GREATER IOWA CITY HOUSING FELLOWSHIP. WHEREAS, the City owns Lot 85, South Pointe Addition, Part 5, locally known as 1552 Dickenson Lane, Iowa City, Iowa; and WHEREAS, said lot was purchased by a recipient of HOME funding and subsequently transferred to the City when the HOME agreement was terminated; and WHEREAS, the City Council desires that Lot 85 continue to be used to provide affordable housing opportunities and to this end desires to transfer Lot 85 to the Greater Iowa City Housing Fellowship (GICHF), a non-profit entity providing affordable housing in the Iowa City community, in accordance with federal regulation governing the use of HOME funds and subject to execution by GICHF of an agreement approved by the City for use of said funds and property; and WHEREAS, on June 13, 2000 the City Council adopted a Resolution declaring its intent to convey its interest in said Lot 85, 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council does hereby authorize the Mayor and City Clerk to execute all documents necessary to convey the City's interest in Lot 85, South Pointe Addition, Part 5, Iowa City to the Greater Iowa City Housing Fellowship upon the direction of the City Attorney. Said conveyance shall be in accordance with federal regulations governing the use of HOME funds and subject to execution' by GICHF of an agreement approved by the City for use of said funds and property. 2. The City Attorney is hereby authorized to carry out any actions necessary to consummate the conveyance as required by law. Passed and approved this 20th day of June ,20 00 CI'~-- CLERK City Attorney's Office Annen\forrnsVes-conveyance.doc Resolution No. 00 - 2 2 2 " Page 2 ~ It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilburn Prepared by: Scott Kugler, Assoc. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5243 RESOLUTION NO. 00-223 RESOLUTION ADOPTING REVISED PROCEDURES AND DESIGN GUIDELINES FOR REVIEW OF PROJECTS IN HISTORIC AND CONSERVATION DISTRICTS AND FOR HISTORIC LANDMARKS WHEREAS, the City Code provides for the designation of historic and conservation districts and historic landmarks in order to protect and preserve the City's architectural and historic resources; and WHEREAS, the Historic Preservation Commission has recommended approval of revised procedures, contained within a document entitled "Procedures for Review of Projects in Historic or Conservation Overlay Zones," and revised design guidelines, contained within a document entitled "Iowa City Historic Preservation Handbook," copies of which are attached hereto; and WHEREAS, said revised procedures and design guidelines are intended to establish policies, procedures and guidelines which shall apply to the Commission's review of new construction and exterior alterations to properties located within historic and conservation districts or designated as historic landmarks; and WHEREAS, said procedures and design guidelines were drafted with the intent of clarifying Commission and applicant responsibilities associated with the Certificate of Appropriateness review process. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: the Procedures for Review of Projects in Historic or Conservation Overlay Zones and the Iowa City Historic Preservation Handbook, both attached hereto, are approved as to form and content, and are hereby adopted. Passed and approved this 201;h day of June ,20 00 C'ty~rZt 7~y<~C~r___..) CIT~CLERK Ppdadmin~res~hpc.doc Resolution No. 00-223 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 Wilbum Procedures for Review of Projects in Historic or Conservation Overlay Zones I. APPLICABILITY In a city designated historic or conservation district or for any city designated historic landmarks, any exterior alterations or new construction which require a City permit must be approved by the Historic Preservation Commission. Examples of alterations or construction that may require approval include, but are not limited to, an addition to a building, construction of a porch, construction of a garage, or demolition of a building. Examples of exterior work that do not require historic preservation review include house painting and reroofing of a single-family or duplex residence when no structural members are involved. The installation of replacement windows or new siding does require review within a historic district or for a historic landmark. II. INITIATING REVIEW Prior to or upon application for a permit to move or demolish a building, to alter an existing structure, or to construct a new building in a historic or conservation district or on a historic landmark property, the project will require a Cedi~cate of No Material Effect or a Certificate of Appropriateness. These Certificates will be part of the building, house moving or demolition permit approval process. No project may begin until both the historic preservation and building inspection review processes have been completed. III. STANDARDS FOR REVIEW OF APPLICATIONS - - In reviewing applications, the standards enumerated in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings and locally adopted guidelines, if any, shall be applied. IV. APPLYING FOR A CERTIFICATE Application for a Certificate of Appropriateness is obtained from the Iowa City Building Division of the Housing and Inspection Services Department or from the Department of Planning and Community Development. This Application must be filed prior to or as part of the building, house moving or demolition permit application process. The applicant must submit the application form, a site plan, elevation drawings, and photographs of the property to be altered or demolished. The plan and drawings need not be professionally prepared, but must clearly indicate the extent and type of alteration being requested. The applicant may submit additional materials as desired or as may be requested by the Secretary of the Commission. The application will be submitted to the Department of Planning and Community Development, located in the Civic Center at 410 E. Washington Street, Iowa City, Iowa. V. CERTIFICATE QF NO MATERIAL EFFECT Upon receiving application for a certificate of appropriateness the Secretary of the Commission shall review the application to assess its potential impact on the appearance of the exterior of the property. If, in the opinion of the Secretary, the work will have no effect on any significant architectural features of a building within a historic district or a landmark, the Secretary shall contact the Chair of the Commission, or designee to discuss whether or not a Certificate of No Material Effect should be issued. If a Cedificate of No Material Effect is issued, the project may proceed upon the issuance of all other required permits by the Building Inspection Division of the Department of Housing and Inspection Services. If a Certificate of No Material Effect is not issued, a Certificate of Appropriateness is required before any work can be undertaken toward completion of the proposed alterations, demolition, or construction. Review of applications for Certificates of Appropriateness within conservation districts shall follow the above procedure, subject to the levels of review specified within each individual conservation district report. VI. CERTIFICATE OF APPROPRIATENESS A. Regular Monthly Meeting: The Historic Preservation Commission shall designate a time and place where it will hold a regular monthly meeting for the purposes of considering applications for Certificates of Appropriateness and for discussing and conducting other Commission business. Public Notice of the meetings shall be given to news media and posted in the lobby of the Civic Center, located at 410 E. Washington Street, Iowa City, Iowa. The meetings shall be open to the public. B. Certificate Review Meeting: In addition to its regular monthly meeting, the Historic Preservation Commission shall designate a time and place each month when and where it will hold a certificate review meeting to review applications for Certificates of Appropriateness. The Commission will meet at that time to only review such applications. If no such applications have been made, the Commission need not meet. Public notice of the meetings shall be given to news media and posted in the lobby of the Civic Center, located at 410 E. Washington Street, Iowa City, Iowa. The meetings shall be open to the public. C. Application Deadline: In order to facilitate the review process, an application for a Certificate of Appropriateness must be received in the Department of Planning and Community Development at least eight (8)'working days before the date of a scheduled regular or certificate review meeting. D. Commission Decision: If the Commission, after review, determines the application can be approved as submitted or with minor revisions, it shall approve a Certificate of Appropriateness and issue its findings as specified in City Code Section 14- 4C-7D. If the Commission determines the application requires major changes or additional information is needed, the Commission may defer consideration of the application to a future regular or certificate review meeting. In such event, the Applicant shall be informed in writing of the time and place of such meeting. If, after working with the applicant to attempt to resolve inconsistencies or conflicts between the work proposed in the application and the above referenced standards, the Commission determines that the application is still in conflict with the standards (see Section III), it shall deny the application and issue its findings as specified in City Code Section 14-4C-7D. VII. COMMISSION MEETING FORMAT A quorum of a majority of the voting members of the Commission is required for any meeting. At the meeting, the Commission will hear first from staff to gain background information about the application and receive a recommendation, if requested. The Commission will then hear from the applicant or his/her designated representative. All site plans, elevation drawings, photographs, and other materials shall be made available to the Commission at this time. The Commission members will then have the opportunity to question both staff and the applicant, Members of the public will be invited to present their views. Every effod will be made to work with the applicant to achieve a project design which will meet the standards of the Commission and the needs of the applicant. The Commission may approve, modify, or disapprove the application. An affirmative vote of a majority of those members present is needed to approve or modify an application. The ppdadmin/hist-gdl2.doc 2 Commission's findings on each application shall be set forth in a written resolution, to be filed in the City Clerk's office as a public record. VIII, APPEAL If an application for a Certificate of Appropriateness is approved, then the applicant may continue with the permit process. If the application is denied, the applicant has ten (1 O) working days after the Commission's resolution is filed in the City Clerk's office to file a written appeal to the City Council. The appeal may be made by letter to the City Council. ppdadmin/hist-gdl2.doc 3 Iowa City Historic Preservation Handbook -Draft- June 1, 2000 (contains proposed design guidelines for review of app~cations for Certificates of Appropriateness within historic and conservation districts and for historic landmarks.) CITY OF I0 WA CITY Prepared for the Thursday, April 13, 2000 public hearing before the Iowa City Historic Preservation Commission, 5:30 p.m., Civic Center Council Chambers, 410 E Washington. Revised on May 23, 2000 to incorporate changes recommended by the Commission on April ~ 3. A public hearing before the City Council is scheduled for June 13, 2000 at 7 p.m. in the Civic Center Council Chambers. A FEW WORDS ABOUT HISTORIC PRESERVATION IN IOWA CITY · The Iowa City Historic Preservation Commission was created by local ordinance in December 1982. Its mission statement as described in the Iowa City Histodc Preservation Plan is "...to identify, protect, and preserve the community's historic resources in order to enhance the quality of life and economic well-being of current and future generations." Its members are citizen volunteers appointed by the City Council. Many of the members reside in historic districts and have expertise in fields related to historic preservation. · The Historic Preservation Commission, the City Council, and individual property owners are in the process of implementing the Iowa City Historic Preservation Plan that was adopted in December of 1992. Respecting the unique character of each neighborhood in Iowa City, the plan calls for the study of twelve separate neighborhoods to determine if sufficient historic resources exist to allow the establishment of historic or conservation districts. The purpose of these districts is to preserve historic architectural resources by discouraging alterations that either destroy the unique characteristics of a building or alter the character of historic neighborhoods. · Within historic and conservation districts, the Historic Preservation Commission reviews any exterior changes that require a regulated building permit. Changes requiring the Commission's approval include alterations, additions, new construction, and demolition. In making its decisions, the Commission considers the appropriateness of design features such as mass and scale, architectural details, type of building materials, and the relationship of the building to others along the street. · Designation as a historic or conservation district can help to stabilize and improve neighborhoods. The commitment of a neighborhood to historic preservation can lead to the improvement of existing buildings and prevent development that is inconsistent with the historic character of the neighborhood. · Several neighborhoods identified in the Iowa City Historic Preservation Plan have already been established as historic districts, and more will be considered in the near future. In all, these districts contain hundreds of historic properties that line the streets and create the pedestrian urban spaces that define our neighborhoods. The Commission believes that the implementation of the Historic Preservation Plan is vital to protecting and preserving our city's rich architectural heritage, and we urge your support and cooperation as this process moves forward. ppdadm/npc-handbkdoc 1 TABLE OF CONTENTS The Iowa City Historic Preservation Handbook .........................................................................................3 Purpose of the Handbook .........................................................................................................................3 Where The Iowa City Guidelines Apply ....................................................................................................3 Building Code and Zoning Ordinances .................................. ...................................................................3 Historic Landmarks ..................................................................................: ................................................3 Alternative Designs ..................................................................................................................................3 Definitions of Key Terms ...........................................................................................................................4 Categories of Compliance .........................................................................................................................5 Secretary of the Interior's Standards for Rehabilitation ...........................................................................7 Iowa City Guidelines ......................................................................................................................................8 Foundations ...............................................................................................................................................9 Masonry ....................................................................................................................................................10 Wood ........................................................................................................................................................11 Mass and Roof Lines ...............................................................................................................................12 Siding ........................................................................................................................................................13 Paint and Color .........................................................................................................................................14 Windows ...................................................................................................................................................15 Doors ........................................................................................................................................................16 Gutters and Downspouts, Chimneys .......................................................................................................17 Porches ............................................................: .......................................................................................18 Balustrades and Handrails .......................................................................................................................19 Handicap Accessibility .............................................................................................................................20 Demolition .................................................................................................................................................20 Multi-Family Construction Guidelines .......................................................................................................21 Architectural Styles in Iowa City .................................................................................................................__ Individual Historic District Guidelines Individual Conservation District Guidelines Summit Street (1983) __ Woodlawn (1983) __ Brown Street (1994) __ Moffitt Cottage (1995) _ East College (1997) __ College Green (1997) __ ppdadm/hpc-handbk. doc 2 THE IOWA CITY HISTORIC PRESERVATION HANDBOOK Purpose of the Iowa City Historic Preservation Handbook The purpose of the handbook is to: · Identify the defining characteristics of each individual histodc or conservation district. · Provide comprehensive design guidelines for construction projects within each district. · Provide property owners with design criteria that will be the basis for approving or denying certificates of appropriateness for their construction drawings. Where the Iowa City Guidelines Apply These guidelines apply to all buildings within historic districts and conservation districts as well as to historic landmarks. All construction projects that change the exterior features of a building and require a regulated permit must comply with these guidelines. For the construction of new buildings that contain three or more dwelling units, the Iowa City Historic Preservation Commission uses the section of this book entitled Multi-Family Construction Guidelines as a basis for approving or denying certificates of appropriateness. Building Code and Zoning Ordinances The requirements of the building code and the zoning chapter must be met in addition to the requirements of the historic preservation guidelines. For certain criteria such as mass, scale, size, siting considerations, and setback from the street, the historic preservation guidelines may be more stringent than the building code or the zoning chapter. Historic Landmarks Alterations and additions to Historic Landmarks must comply with the Iowa City Guidelines. Alternative Designs Alternative design solutions or exceptions to the Iowa City Guidelines, the Multi-Family Construction Guidelines, or the individual district guidelines may be considered by the Iowa City Historic Preservation Commission. The intent in considering alternative designs is to allow architectural flexibility in exceptional circumstances. The intent is not to reduce the scope or quality of work required by these guidelines. ppdadm/hpc-handbk. doc 3 Definitions of Key Terms Histodc District: An area that contains contiguous properties under diverse ownership that: A. Are significant to Amedcan history, architecture, archaeology and culture, or Iowa City's history, architecture, archaeology and culture; or B. Possess integrity of location, design, setting, materials and workership; or C. Are associated with events that have made a significant contribution to the broad patterns of our history; or D. Are associated with the lives of persons significant in our past; or E. Embody the distinctive characteristics of a type, period, method of construction; represent the work of a master; possess high artistic values; represent a significant and distinguishable entity whose components may lack individual distinction; or F. Have yielded or may be likely to yield information important in prehistory or history. Conservation District: An area that contains contiguous pieces of property under diverse ownership in which the majority of the structures are at least fifty (50) years old and in which no more than sixty percent (60%) of the structures are of a quality, integrity, and condition that would qualify for historic district designation. The area must also: A. Represent the traditional character of Iowa City neighborhoods through architectural characteristics, building scale, building setback, and streetscape design; or B. Exemplify a pattern of neighborhood settlement of development significant to the cultural history or tradition of Iowa City; or C. Represent unique or unusual physical character that creates distinctiveness. Contributing Structure: A structure that is an integral part of the historic theme in a historic or conservation district. The Histodc Preservation Commission determines which structures are contributing and lists them in the individual district guidelines. Noncontributing Structure: Structures not listed as contributing structures. Priman/Structure: The inhabited building on a lot that is normally the largest and faces the street. Most often a house is the pdmary structure in historic districts. Street Elevation: All roof and wall surfaces that face the street. These would be depicted in an architectural drawing called a street "elevation". Alteration: A modification to the exterior of a building that does not increase its size. ppdadm/hpc-handbk, doc 4 Setback Addition: An addition built behind the existing structure, opposite the street facade, that has ~ setback of eight or more inches on the sides and a roof that is no higher than the existing roof. When viewed from the street, the addition must be narrower and no taller than the existing structure. No part of the setback addition is visible on the street elevation. Categories of Compliance The architectural character of each histodc and conservation distdct in Iowa City is unique. Not all of the properties within each distdct are historic. In order to address the individual nature of the distdcts and also to be as flexible as possible with non-historic properties, the Histodc Preservation Commission has developed four different categories of compliance. This makes it possible for owners and contractors to identify those guidelines that are applicable to a particular project. The chart on the next page shows the type of project in the first column and the guidelines that apply in the last four columns. These are the guidelines the Commission uses when considering certificates of appropriateness. The four categories of compliance are listed below. · Iowa City Guidelines (Category I): This category provides guidelines for maintenance, alterations, and additions to historic landmarks and contributing structures in historic districts. The guidelines for this category were written by' the Iowa City Historic Preservation Commission and are based upon the Secretan/of the Interior's Standards for Rehabilitation. · Iowa City Guidelines with Exceptions (Category II): This category provides guidelines for alterations and additions to noncontributing structures in historic districts, for properties that lie within conservation districts, and for setback additions to historic properties that meet the setback addition requirements (page 5) to visually distinguish the addition from the historic property. · Architecture Compatible to Individual District (Category III): This category provides guidelines for new structures within historic or conservation districts. The guidelines establish architectural design criteria based upon the defining characteristics of each individual district. To locate the individual district guidelines, refer to the Table of Contents. · Site and Scale Compatible to Individual District (Category IV): This category provides guidelines for additions and new buildings within historic or conservation districts and is written to accommodate any architectural style or age. The guidelines establish scale and site considerations based upon the defining characteristics of each individual district, To locate the individual district guidelines, refer to the Table of Contents. Note: If the guidelines for an individual district (Category III & IV) have not yet been approved, then the Secretan/of the Interior's Standards for Rehabilitation will serve in their place. ppdaarn/hpc~nandbk. doc 5 Categories of Compliance (continued) To use the table below, locate the appropriate type of project in the first column and move across the row to determine the categories that apply depending on whether the structure is located in a histodc distdct or in a conservation district. The project need conform to only those categories indicated. Within each district's individual guidelines, one can find a listing of all contributing structures. To locate the individual distdct guidelines, refer to the Table of Contents. Example: an alteration to a primary structure, i.e., a main house, considered a contributing structure would need to comply with the Iowa City Guidelines in a historic distdct and with the Iowa City Guidelines with Exceptions in a conservation district. I II III IV Type of Project Iowa City Guidelines Iowa City Architecture Site and Scale Guidelines with Compatible to Compatible to Exceptions Individual Distdct Individual Distdct Alteration: Pdmary Structure Historic Conservation (contributing structure) Distdct District Alteration: Pdmary Structure Conservation and (noncontributing structure) Historic District Addition: Street Elevation Histodc Conservation Conservation and (contributing structure) District District Historic Distdct Addition: Street Elevation Conservation and Conservation and (no'ncontdbuting structure) Historic District Historic District Setback Addition Conservation and Conservation and (contributing structure) Historic Distdct Historic Distdct Setback Addition Conservation and Conservation and (noncontributing structure) Historic District Historic District Alteration or Addition: Histodc Conservation Conservation and Outbuilding (contributing) District Distdct Historic District Alteration or Addition: Conservation and Conservation and Outbuilding (noncontributing) Historic Distdct Histodc District New Primary Structure Conservation and Conservation and Historic District Historic District New Outbuilding behind Conservation and Conservation and Contributing Structure Historic Distdct Historic District New Outbuilding behind Conservation and Conservation and Noncontributing Structure Historic District Historic District Note: New structures of three or more dwelling units should comply with Multi-Family Construction Guidelines that begin on page 21. ppdadm/hpc-handbk.doc 6 THE SECRETARY OF THE INTERIOR'S STANDARDS FOR REHABILITATION · The Secretan/of the Interior's Standards for Rehabilitation (Standards) were originally wdtten to determine the appropriateness of proposed project work on properties that were listed on the National Register of Histodc Places. The Standards are accompanied by instructions concerning methods, materials, historical character, and other considerations that relate to the historical significance of the particular property and its surroundings. The Standards have been widely accepted by state, county, and city governments. · The Iowa City Historic Preservation Commission uses the Standards to determine the appropriateness of exterior changes to Historic Landmarks and properties that are designated as contributing structures in historic districts. The Standards apply to all maintenance, alteration, and additions to contributing structures in historic districts except for setback additions as defined on page 5. · The Standards served as a starting point for writing the Iowa City Guidelines. · The Standards are listed below. (1) A property shall be used for its historic purpose or be placed in a new use that requires minimal change to the defining characteristics of the building and its site and environment. (2) The historic character of a property shall be retained and preserved. The removal of historic materials or alteration of features and spaces that characterize a property shall be avoided. (3) Each property shall be recognized as a physical record of its time, place and use. Changes that create a false sense of historical development, such as adding conjectural features or architectural elements from other buildings, shall not be undertaken. {4) Most properties change over time; those changes that have acquired historic significance in their own right shall be retained and preserved. (5) Distinctive features, finishes, and construction techniques or examples of craftsmanship that characterizes a histodc property shall be preserved. (6) Deteriorated historic features shall be repaired rather than replaced. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old design, color, texture, and other visual qualities and, where possible, materials. Replacement of missing features shall be substantiated by documentary, physical, or pictorial evidence. ppdadm/hlx:-tlandbk,doc 7 (7) Chemical or physical treatments, such as sandblasting, that cause damage to histodc materials shall not be used. The surface cleaning of structures, if appropriate, shall be undertaken using the gentlest means possible. (8) Significant archeological resources affected by a project shall be protected and preserved. If such resources must be disturbed, mitigation measures shall be undertaken. (9) New additions, exterior alterations, or related new construction shall not destroy histodc materials that characterize the property. The new work shall be differentiated from the old and shall be compatible with the massing, size, scale, and architectural features to protect the historic integrity of the property and its environment. (10) New additions and adjacent or related new construction shall be undertaken in such a manner that if removed in the future, the essential form and integrity of the historic property and its environment would be unimpaired. IOWA CITY GUIDELINES · The Iowa City Historic Preservation Commission relied upon the Standards while writing the guidelines that comprise the category Iowa City Guidelines. These guidelines were written to provide more detailed guidance to property owners and builders as they design their construction projects. The Commission believes that the Iowa City Guidelines will be complete enough to address most projects; however, there may be occasions when the Commission refers to portions of the Standards and their accompanying instructions in determining certain issues. · Most sections of Iowa City Guidelines include provisions that apply only to those projects that fit into the category Iowa City Guidelines with Exceptions. Those projects are: additions and alterations to noncontributing structures in historic districts, setback additions to contributing structures in historic districts that meet the setback addition requirements (page 5), and projects in conservation districts. These exceptions are intended to make it easier and less expensive to undertake projects that do not directly affect the appearance of contributing structures. However, since the exceptions define only the minimum requirements, property owners are encouraged to follow the Iowa City Guidelines whenever possible. The exceptions are listed within each section to which they apply. · The Iowa City Guidelines are organized into fourteen sections that follow. ppdadm/hpc-handbk. doc 8 FOUNDATIONS Foundations provide a base for a building and make a transition from the walls above ground to the walls or supports below ground. The amount of exposed foundation vades with historic structures but is typically 12 to 30 inches. On brick or stone structures the foundation material may be different in color and texture than the wall material, and the two are often separated by a belt course of yet another material. Recommended: Disallowed: · Retaining the size and shape of odginal door · Covedng exposed brick, stone, and rusticated openings, window openings, and storm collar masonry foundations with a coment plaster or entrancos in the foundation. If new window wells stucco. are required, they should match the existing foundation material. Not Recommended · Removing all non-original materials. · Raising the adjacont grade at the foundation to · Repairing foundations to match the original cover whatwasodginallyexposed. materials in size, color, texture, composition, and · Painting masonry or concrete foundations that joint profile. were originally unpainted. · Repairing stucco with a mixture that matches the ~. original in texture, color, and composition. · Maintaining a slope away from the foundation to prevent standing water or drainage toward the foundation. The following apply to Category II, · Constructing additions that match the original Iowa City Guidelines with Exceptions foundations in color, texture, unit size, and joint profile. · For additions to foundations, concrete or rusticated concrete block may be used in placo of the original masonry units. For additions to foundations, it is acceptable to match the color of the original foundation by using paint or masonry stain rather than matching the material and appearanco of the original foundation material. ppdadm/hpc-handbkdoc 9 MASONRY Masonry is designed to resist weathering without paint or any other protective coating while retaining an appealing appearance. As such, it is a relatively maintenance-free material. When there is deterioration of masonry, the single most important step is to locate and repair the cause of the problem before going to the expense and trouble to repair the masonry. When repairing masonry, three important properties should be considered: hardness, dimension, and color. Recommended: Disallowed: · Removing all vines. Vines cause the masonry to · Sandblasting, waterblasting, or any other abrasive retain moisture. Their root-like holdfasts can cleaning method. Blasting can cause very serious cause damagetomortarjoints. damage by destroying the protective exterior · Removing deteriorated mortar by hand. Raking surface and exposing the softer intedor to rapid the joints with hand tools will not damage the bdck. deterioration. This damage cannot be repaired. · Replacing deteriorated masonry units with ones · Removing mortar with electdc gdnders or that match the color, texture, size, and hardness of hammers. Use of such tools leads to chipping and the original. breaking of masonry. · Using mortar that is similar in hardness to the · Pointing with a strong Portland cement mix or original. A recommended mix for old masonry synthetic caulking compound. contains 1 part white Portland cement, 3 parts · Painting or sealing historic masonry that has not lime, and 9 parts sand. If necessary, color may be been painted. added to match the odginal mortar. This mix is suitable for both laying and pointing masonry walls. · Making mortar joints that match the dimensions of the original. Old mortar joints are often narrower The following apply to Category II, than those commonly used today, Iowa City Guidelines with Excel~tions · Cleaning new mortar smears from the masonry face with a mild acid designed for that purpose. · Additions to masonry structures may be sided with · Cleaning old masonry using a natural bdstle brush wood. The siding type must be appropriate to the and mild, water-based detergent. Sometimes a age of the original building. The tdm should be gentle chemical method may be appropriate, but appropriate to both the siding type and the original only if it does not damage the masonry. building. Any substitute materials must be · Constructing additions to match the color, texture, durable, accept paint, and be approved by the unit size, and joint profile of the original masonry. Histodc Preservation Commission. ppdadrrdhl:x:-handbk,~ioc 10 WOOD Most of the structures in Iowa City's historic districts are of wood frame construction and have wood siding. Many dwellings have wood elements such as trim, windows, doors, porches, comices, decorative elements, and pediments. While wood is relatively inexpensive, durable, and easy to work with, it must be maintained properly to have a long life. Recommended: Disallowed: · Repairing wood elements rather than replacing them. , Covering odginal wood siding with another · Duplicating and replacing odginal wood elements material such as vinyl or aluminum siding. when they cannot be repaired. · Using destructive and dangerous paint removal · Replacing damaged wood siding with new or methods such as sandblasting, waterblasting, or salvaged wood siding that matches the original. buming with a propane or butan· torch. · Monitoring wood surfaces for signs of excessive · Removal of wood elements such as trim, porches, water damage, rot, or pest infestation. Keeping all comic·s, and decorative elements. surfaces caulked, primed, and painted in order to · Substituting a matedal in place of wood that does prevent wood deterioration. not retain the appearance, function, and · Eliminating excessive moisture problems such as paintability of the original wood. leaky roofs, gutters, and downspouts. The improper venting of baths, kitchens, basements, and dryers may cause moisture problems. · Removing vegetation that is growing against the The following apply to Category II, wood elements or siding. Iowa City Guidelines with Exceptions · Constructing additions with materials that match the siding, tdm, moldings, and other details of the · The window trim, door trim, skirt and frieze boards, original building. and comer boards on additions must be similar to · Substituting a material in place of wood only if the those on the existing building. However, other substitute material retains the appearance and details of the original building may be omitted, function of the odginal wood. The substitute simplified, or enhanced on additions as long as material must be durable, accept paint, and be they are compatible with the existing structure. approved by the Historic Preservation Commission. ppdadm/hpc.,.handbk.doc 11 MASS AND ROOF LINES Mass and roof pitch are essential in defining histodc styles. Most of the roofs in histodc neighborhoods were originally sawn cedar shingles. The texture of the wood shingles on the steep-pitched roofs was a prominent feature of historic neighborhoods eady in the last century. A building permit is not required for replacing shingles and therefore the color of shingles is not enforced by city ordinance. Recommended: Disallowed: · Preserving the original roof pitches and spans. · Reducing the pitch on one or both sides of a roof · Preserving the original walls and vertical comers to gain headroom below the ra~ers. that define the massing of the odginal building. · Adding dormers that are wider than ones · Constructing additions that reflect the massing of commonly found in the neighborhood. the original structure. This requires that the wall · Adding dormers that extend above the existing areas and vertical comers as well as the roof peak of the roof. pitches and spans all be consistent with the · Adding dormers that are closer than 3 feet to an existing structure. existing gable end or hip. The intent here is to · Matching the roof overhang of the existing building avoid interrupting the original roof lines. when constructing additions. When the eave of an addition intersects the eave of an existing NotRecommended: structure, care should be taken to assure that the · Installing antennas, vents, solar collectors, two eaves align properly. The trim details of a new skylights, or other mechanical devices on overhang should match those of the existing prominent streetelevations. structure. · Preserving odginal tdm such as crown mold, skirt and frieze boards, and decorative metal. When adding to an existing building, the odginal trim The following apply to Category II, should be matched on the sides and roof of the new addition. Iowa City Guidelines with Excel~tions · Adding dormers in a manner that does not significantly alter the character of the existing · Dormers may be larger than those commonly building. found in the neighborhood provided that the · Replacing a special shingle style with a similar dormer does not seriously alter the character of style when the old shingles need replacing. the building. · Using asphalt shingles that resemble the texture and color of weathered wood shingles for roofs that had wood shingles originally. · Painting metal roofs dark colors, usually dull red or green. ppdadrn/~pc-handbk.doc 12 SIDING Wood siding is prevalent throughout the historic neighborhoods in Iowa City. Most often it is plain bevel type with an exposure between 3 and 5 inches; however, it is sometimes tongue and groove, shiplap, or shingle type. This wood siding along with the tdm details and a multitude of paint colors combine to make one of the most important defining characteristics of the histodc districts. This display of detail and color is essential to the character of the old neighborhoods, and therefore must be protected by the design guidelines. The primary threat to the traditional appearance of the old neighborhoods has come with the application of synthetic siding. This has been installed in an effort to avoid periodic painting. While synthetic siding will last longer than a paint job, it does deteriorate over time and does need to be replaced when it fades, cracks, dents, or deteriorates. The application of synthetic siding covers many architectural details of a building, damages the original siding and trim, and in some cases, necessitates the removal of historic elements altogether. For all of the reasons stated above, the covering of historic properties with synthetic siding is not allowed. Recommended: Disallowed: · Repairing existing wood siding and tdm. · Applying synthetic siding such as aluminum, vinyl, or false masonry siding. · Replacing deteriorated sections of wood siding · Removing trim pieces such as door and window with new wood siding that matches the original. trim, skid and frieze boards, and comer boards. · Removing synthetic siding and repairing original · Covedng trim such as door and window trim, skirt wood siding and trim. and frieze boards, and comer boards. · Applying siding to a new addition that matches the · Using synthetic siding on additions instead of the size, shape, texture, and material of the original original siding or a substitute material approved by siding. the Histodc Preservation commission. · Substituting a material in place of wood siding only if the substitute material retains the appearance Synthetic Siding Exception and function of the original wood. The substitute · Synthetic siding may be used on new structures material must be durable, accept paint, and be and on noncentdbuting structures within approved by the Historic Preservation Commission. conservation districts. · Matching synthetic siding may be used in repairing damage to existing synthetic siding. ppda~m/hpc-handbk.doc 13 PAINT AND COLOR Paint schemes should be simple. One color for the body of the house, one for the trim, and one for accent is usually enough. Colors should be selected to complement the style and period of the building. The Iowa City Historic Preservation Commission has literature that recommends historically appropriate paint colors. For information please contact the planning office. A building permit is not required for painting and these recommendations are not enforced by city ordinances. Recommended: Not Recommended: · Removing loose and peeling paint and cleaning · Dry sanding, dry scraping, sandblasting or using the surfaces to be painted in accordance with high-pressure sprayers to remove paint from pertinent State and Federal guidelines. Practices masonry or wood. that help reduce the potential for the creation of · Using high heat or open flames for paint removal. lead dust, such as misting surfaces with water * Using paint strippers containing methylene when scraping, are encouraged. Old paint that is chloride. sound and reasonably smooth should be left in · Other practices that involve a high potential to place as a founclation for the new paint. create lead dust are discouraged by State and · Using a proper respirator to avoid breathing the Federal guidelines. fumes or dust from lead-based paint. · Choosing bdght, obtrusive colors. · Collecting and propedy disposing of paint chips · Painting a building entirely white. and other waste. · Pdming, caulking, and finishing with high-quality products. · Choosing a scheme of 2 or 3 colors that is appropriate to both the building and to the immediate neighborhood. · Painting additions to match the original building. pp~adrnlhpc-handbk.cloc 14 DOORS The odginal size and shape of door openings should be maintained. Many older entrance doom are of panel-type construction or solid frames with glass lights in the upper part of the door. Old storm doom are often wood doom with removable sashes. These old door styles should be used when it is necessary to replace odginal doors. Old garage doom often possess distinctive design features and should be retained wherever possible. Recommended: Disallowed: · Repairing odginal doors rather than replacing · Installing flush entrance doors or other modern them. door styles. · Replacing badly deteriorated doors with new ones · installing sliding patio doors when they were not that are similar in size, material, style, and original tothe building. appearance. * Installing natural aluminum storm doors. · Installing doors in additions that match the · Blocking down door openings to accommodate material, style, and appearance of odginal doors in standard door sizes. the building. · Installing a double garage door where two single · Installing French doors (or doors of a similar style) d~ors are possible. in additions where a large opening is desired. · installing a wood screen door that accepts sashes with glass or screen. The following apply to Category II, · Substituting a material in place of wood for doors Iowa City Guidelines with Excel~tions and screen doors only if the substitute material retains the style and appearance of the original · Installing sliding patio doors provided that the doors and screen doors. The substitute material must be durable, accept paint, and be approved openings are trimmed to match the existing doors and provided that they are not installed on the by the Historic Preservation Commission. street elevation. · Retaining and repairing odginal garage doors where practical. · Installing new garage doors that mimic the styles of traditional ones. · Installing new garage doors that are simple in design. Smooth or simple panel-type doors may be used. Openings should be trimmed to match other doors and windows in the building. Two single doors are preferred to one double door. ppcladm/hpc*handbk. Qoc 16 GU'I'rERS AND DOWNSPOUTS Odginal built-in gutters are important design features of historic buildings. Removing these requires a building permit that must be approved by the Historic Preservation Commission. A building permit is not required for replacing external gutters. Recommended: Disallowed: . Repaidng original built-in gutters. EPDM rubber · Altedng the roof slope near the gutter when sheet is an economical replacament matedal for covedng old built-in gutters. the odginal tin flashing. · Constructing built-in gutters in additions to existing buildings that have built-in gutters. The following apply to Category II, , Covedng original built-in gutters and applying Iowa Citv Guidelineswith Exceptions extedor gutters only if the roof slope at the gutter is not altered. This can be accomplished with · Additions need not have built-in gutters unless the horizontal blocking and flashing above the old new gutters align with the built-in gutters of the gutter. existing building. For instance, a one-story addition · Installing metal downspouts to run vertically near need not have built-in gutters if it is attached to a the comers. They should be painted to match the two-story wall. background color. CHIMNEYS Chimneys are subject to severe weathering conditions and generally need more frequent maintenance than other masonry on a building. The methods for preserving masonry chimneys are the same ones used for other masonry. Recommended: Disallowed: · Adding a flue liner for safety reasons. · Keeping flue caps as inconspicuous as possible. · Removing prominent chimneys that are important · Following the recommendations for masonry to the historical character of the building. repair in the section on masonry. · Plastering over masonry in place of proper repair. · Constructing new chimneys in masonry that are · Pointing with pre-mixes that are too hard for old, consistent with chimneys that were built in the soft brick. neighborhood originally. ppciadrn/rtpc-handbk.doc 17 PORCHES Porches are the focus of many histodc buildings and help define their overall character. In historic residential neighborhoods, porches help to establish a sense of community. Porches should be preserved for both their architectural and social value. Recommended: Disallowed: · Repairing existing porches and conserving as · Removing a historic front porch. much of the original matedal as possible. · Changing the original roof pitch. Newer materials · Replacing badly deteriorated pieces with new ones including EPDM rubber sheet and heat-sealed that match the originals in design and material, asphalt products make the maintenance of low- Custom fabrication of columns, brackets, pitched roofs easier than in years past. pedestals, and moldings may be necessary, but · Using wrought iron elements unless they were part many porch components can be ordered through of the original design. lumber yards. · Using unpainted treated wood for elements that · Vertical-grained fir porch flooring should be used would have been painted in their original for its resistance to weathering. applications. · Reconstructing missing balustrades and handrails · Using pre-cast concrete steps. using old photographs or in a style that is · SUbstituting a material in place of wood that does appropriate to both the building and neighbor-hood not retain the appearance, function, and (the next section has more details). paintability of the original wood. · Using wood steps for a wood porch and tile, bdck, or concrete steps for a masonry porch. · Showing the lower support pillars below the porch columns. Lattice or skirting should be positioned between pillars. The following apply to Category II, · Enclosing only a portion of a front porch with Iowa City Guidelines with Exceptions screen to provide a sitting area that is away from the steps and front entrance of the home. The · Porch floors may be concrete if the floor is no screening should be set behind the columns and more than 18 inches above grade. Porch floors balustrades to preserve the odginal appearance of that are more than 18 inches above grade must be the porch. built in a traditional way with wood joists and wood · Constructing new porches that are compatible with ~oodng. the existing building or similar to those original porches in the neighborhood. · Substituting a material in place of wood only if the substitute material retains the appearance and function of the original wood. The substitute must be durable, accept paint, and be approved by the Historic Preservation Commission. ppdadm/hpc-handC, k. cloc 18 BALUSTRADES AND HANDRAILS Balustrades and handrails serve as both decorative and functional elements on porches, balconies, and steps, For histodc properties, the design should reflect histodc styles, but not at the expense of safety. Recommended: Disallowed: · Repairing existing balustrades and railings. · Removing odginal balustrades or railings. · Replacing badly deteriorated pieces with ones that · Covedng the odginal balustrades or railings with match the originals in design and material. materials such as siding. · Reconstructing missing balustrades by using old · Using unpainted treated wood for elements that photographs or by choosing a style that is would have been painted in the histodc appropriate to both the building and neighborhood. application. · Installing tumed spindles in balustrades that have , Using wrought iron elements unless they were part an actual diameter of 2" or greater or square of the original design. spindles that are 2" or greater in width. · Installing handrails and footfalls that are at least 2" in thickness. These can be made with % -inch and 5/4-inch stock added together. The following apply to Category II, · Spacing spindles so that no point between the Iowa City Guidelines with Excel~tions spindles exceeds 4 inches. This is for child safety. · Providing handrails on porch steps as required by · Square spindles may be installed in place of code. Handrails should match the balustrade tumed spindles in balustrades. These must be 2" height on the porch unless othenNise specified by or greater in width. the Building Code. The handrail must have a continuous member that can be easily gripped. The handrail should either match the porch balustrade or be made of round iron pipe. ppdadm/hpc.-handbk, doc 19 HANDICAP ACCESSIBILITY The Iowa City Historic Preservation Commission will approve certificates of appropriateness for modifications that accommodate reasonable access and use by disabled occupants provided those modifications do not significantly alter the historic character of the building. The Histodc Preservation Commission will work with applicants to find designs that will accommodate their needs consistent with the historic character of the building. DEMOLITION · Unless otherwise provided in individual conservation district guidelines, a certificate of appropriateness for the demolition of any primary contributing structure will be denied unless the applicant can demonstrate that the building is structurally unsound and irretrievable. A certificate of appropriateness for the demolition of a contributing outbuilding will be determined on a case by case basis. · Before a certificate of appropriateness for demolition will be approved for a particular site, the Iowa City Historic Preservation Commission must approve a certificate of appropriateness for the structure that will replace the one being demolished. This is true for both contributing and noncontributing structures. ppdadmrnpc-,handbk.doc 20 Proposed Design Standards for Multi-Family Buildings Proposed Within Historic and Conservation Districts Draft: March 28, 2000 A. Mandatory Compliance Items: Compliance with the following design standards must be demonstrated prior to the issuance of a Certificate of Appropriateness. Setback, Front: The front yard setback shall comply with the setback requirements established within the appropriate individual district guidelines. If no setback requirement is established within the district guidelines, the following standard shall apply. The building setback shall not deviate from the average setback of existing structures on its street frontage by more than 5 feet, and in no case shall a new building be located closer to the street than the existing principle building on its frontage with the shallowest setback. The setbacks of existing buildings shall be measured at the first floor wall of the main living area or commercial floor area of the building, excluding a covered or enclosed porch. If front porches are prevalent on existing structures, the new building may contain a covered front porch that extends into the front yard, provided it is located no closer to the street than any of the other porches on its block. Lighting: All exterior lighting, including balcony and porch lighting, shall be carefully placed, downcast and shielded so that entrances, sidewalks and stairways are well lit, but the lighting is non-obtrusive to neighboring properties. No exterior light source should be located on poles more than 15 feet high. When lights mounted on buildings are intended to provide site lighting rather than corridor or exit lighting, they shall be mounted no higher than 15 feet. Lights intended to architecturally highlight a building or its features shall use a limited pattern of light that does not extend beyond the wall of the building. Parking: Parking lots, including detached garages and carports, shall not be located between the principle building and the street. Parking shall be located behind a building, below grade, or under a building. On corner lots parking may be located alongside the building, but not within a required front or side yard and no closer than 20 feet to the sidewalk. Landscaped screening consisting of densely planted evergreen shrubs, a hedge, a combination of evergreen and deciduous shrubs, or a decorative masonry wall in combination with landscaping shall be used to screen the parking from the street and adjacent properties. Parking Below Buildings: Where parking is located below a building, any exposed portions of the exterior walls of the parking area visible from a street and extending more than three feet above the ground shall appear to be a component of the facade of the building. The use of similar building materials, window openings, and providing facade detailing similar to the upper levels are examples of how this can be achieved. In no case shall a building have the appearance from the street of being elevated above a parking level, or "on stilts." Garages: When parking is provided within the primary structure, garage doors should not be located on any side of a building facing a street. When located on a side wall or on a rear wall on a corner lot, landscaping, masonry walls, or elements of the building should be used to help screen the garage doors from view from the street. ppdadm/hpc~andbk.doc 2 1 Building Orientation: Orientation of the "front" of the building shall be to the street in a manner similar to existing buildings in the neighborhood, including an entrance with some architectural emphasis provided on the front of the building. Architectural treatments which emphasize the entrance include, but are not limited to, front porches, transom and sidelight windows, decorative trim and moldings, and/or arches. Pedestrian Access: A sidewalk shall be provided that connects the entrance door or porch to the public sidewalk. Balconies/Decks: Balconies and decks should be designed so that they are integrated into the overall design of the building. Methods of integrating balconies into the building design may include, but are not limited to, fully or partially recessing them into the fa.cade of the building, placing them under a roof that is integrated into the overall roof plan, utilizing supports that are compatible with the rest of the building in terms of materials and design, and utilizing supports that reach to the ground rather than append on the exterior of the building. When designed in such a manner, balconies and decks may encroach into the required front yard, provided they are located no closer to the street than any porches on the street frontage. Balconies and decks shall be placed adjacent to the front or rear yard rather than the side yard. Mechanical Equipment/Utility Meters: Outdoor dumpsters, mechanical equipment and meters shall be placed at the rear of the property whenever possible. If this cannot be achieved, they may be located along the side of the building provided that extensive landscaping, a decorative masonry wall, a combination of the two, or another approved material is used to screen these items. In no case shall these items be located along the street side of a building. Building Height/Mass: Measures should be incorporated into the design of a new building that help to reduce its "visual mass" and overall height. Examples include 1) holding the height of the eave line down by making the upper floor of a building a "half" story and utilizing dormers to accommodate the use of floor area; 2) stepping the height of a taller building down to two stories at ends adjacent to existing buildings that are two-stories or lower in height; and 3) providing significant variations in the roofline and front building plane which help to reduce the scale of the building along the streetscape. Roofline: Rooflines should reflect the predominant roof type, orientation, scale and pitch of existing buildings within the neighborhood. Building Modulation: The street elevation setback should be varied such that no continuous wall plane or surface exceeds 35 feet in length, and such that variations between wall planes or surfaces are at least 18 inches in depth. Variations in wall planes should be accompanied by corresponding changes in the roofline and other architectural elements of the building. Windows/Fenestration: The placement of windows and doors on street elevations should be consistent with the window and door patterns found on other properties in the surrounding neighborhood, and of a similar size, scale and proportion to the windows of other buildings in the neighborhood. The use of trim and moldings shall be similar in width and character to surrounding buildings. ppdadrn/hpc-handbk,doc 22 Building Styles: Design elements from existing architectural styles found on contributing structures within the district, such as building form, rooflines, window patterns, building materials, entranceways, and architectural detailing, shall be incorporated into the design of new buildings to help them fit within the context of the district. B. Design Point Items: A total of 20 points from the following design options mus~ be obtained prior to the issuance of a Certificate of Appropriateness. Vehicular Access: The use of alley access to the parking area, thus minimizing paving within front yards. This may necessitate the improvement of the public alley in order to provide a suitable access to the site. (3 points) Paving Materials: The use of textured paving, such as stamped and colored concrete, exposed aggregate, brick, or cobblestone patterns, to improve the appearance of paved areas and to designate pedestrian walkways. (0-3 points) Setback, Side: The provision of a side yard of 10 feet or more from both side lot lines, or an interior side lot line on a corner lot. (5 points) Porches: The incorporation of a covered front porch (or porches, where appropriate) of an appropriate size and scale in areas where porches are prevalent on existing structures within the surrounding neighborhood. A front porch helps provide a transition between the public street and the private residential use of the. interior of the building, and can help a building fit within an existing neighborhood by adding detail and interest to the facade of the building. Front porches must be covered by a roof that is compatible with the roof over the rest of the structure. The evaluation of a proposed porch shall take into consideration its compatibility with the design of the proposed structure, its "usability", and its compatibility with other porches in the surrounding neighborhood. (0-10 points) Building Height: The provision of a building height along the street elevation of 27 feet or less. (5 points) Architectural Details: The provision of architectural details to add interest to building elevations visible from the public street, including but not limited to the following: Quoins, dentils, cornice moldings, brackets, arches, corner boards, keystones, decorative lintels and sills, double-hung windows, soldier courses, belt courses, bay windows, decorative site lighting and other decorative features as appropriate for the design of the overall building and materials being used. In awarding points under this guideline, the use of these elements shall be reviewed in the context of the overall building design and the character of the historic district, and not simply based on the provision of these architectural details. (0-10 points) Building Base/Exposed Foundation: Incorporating a raised foundation or a "base" into the design of a new building. The utilization of a material that differs from the primary exterior building material at the base of the building, such as stone, brick of a different color or size than that used for the overall building, or other durable masonry material, can be used to give the appearance of a raised foundation. (0-2 points) Building Materials: The use of quality exterior building materials historically used within Iowa City's older neighborhoods is preferred. 1) Building materials will be evaluated as follows. ALL MASONRY: The use of brick, stone, or other masonry product(s) as the exterior finish material for the entire building, with the exception of trim and decorative elements that may consist of alternative but compatible materials. The term masonry shall not include concrete block or poured concrete materials, except when rusticated concrete block or decorative concrete is used as a base or exposed foundation material. (7-10 points) PREDOMINANTLY MASONRY WITH STUCCO OR WOOD: The use of brick, stone, or other masonry product(s) as the primary exterior building material in combination with the less substantial use of stucco, wood, or fiber cement siding. (5-10 points) PREDOMINANTLY STUCCO OR WOOD WITH MASONRY: The use of brick, stone, or other masonry product(s) as a secondary exterior building material in combination with primary materials consisting of stucco, wood, or fiber cement materials as discussed below. (3-8 points) ALL STUCCO OR WOOD: The use of stucco or other similar material(s) that conveys a stucco appearance, or wood or fiber-cement products that are wood-like in appearance, as the exterior finish material for the entire building. Acceptable wood or fiber-cement products include shakes, shingles, or painted horizontal clapboard siding composed of three (3) to eight (8) inch wide boards. (3-7 points) PREDOMINANTLY MASONRY WITH VINYL OR METAL: Vinyl or metal siding is not permitted on new buildings within historic districts. Within conservation districts, the use of brick, stone, or other masonry product(s) as the primary exterior building material in combination with the less substantial use of vinyl or metal lap siding. (3-5 points) PREDOMINANTLY VINYL OR METAL WITH MASONRY: Vinyl or metal siding is not permitted on new buildings within historic districts. Within conservation districts, the use of brick, stone, or other masonry product(s) as a secondary exterior building material in combination with primary materials consisting of vinyl or metal lap siding in a clapboard pattern. (0-2 points) 2) Materials or material combinations not listed above may be approved, provided that it is determined that the material will add interest to the facade of the building and that it is compatible with or similar in appearance to materials found on other buildings within the neighborhood. (0-5) 3) The following guidelines shall be used to evaluate building designs that incorporate more than one exterior finish material: ppdadrn/hpc-handbk.doc 24 Material changes to the vertical plane of the building should be separated by a belt course, soldier course, or some other trim to provide a transition from one material to the other. Material changes to the horizontal plane of the building should not occur along flat planes of any street fa.cade of the building, but rather at interior corners or at major reveals. Where a material change from masonry to a different material is proposed at a front corner of the building, the masonry shall be extended onto the secondary fa.cade at least 2 feet. C. Alternative Designs: Alternative design solutions or exceptions to the mandatory standards will be considered if it is demonstrated by the applicant that strict compliance with a specific standard is not practical, and/or the alternative being proposed will help in achieving a development that is compatible with the district or would provide some environmental benefit. ppdadrn/hpc-handbk.doc 25 NOTICE OF BOND SALE Time and Place of Sealed Bids: Sealed bids for the sale of bonds of the City of Iowa City, Iowa, will be received at the office of the Finance Director, in the City of Iowa City, Iowa (the "Issuer"), at 11 o'clock A..M., on the 20th day of June, 2000. The bids will then be publicly opened and referred for action to the meeting of the City Council as stated below. Sale and Award: The sale and award of the bonds will be held at the Council Chambers, Civic Center, 410 East Washington Street at a meeting of the City Council on the above date at 7 o'clock P..M. The Bonds: The bonds to be offered are the following: GENERAL OBLIGATION BONDS, Series 2000, in the amount of $14,3 10,000, to be dated July 1, 2000 (the "Bonds"). Official Statement: The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including a statement of the Terms of Offering and an Official Bid Form, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the Finance Director, Civic Center, 410 E. Washington Street, Iowa City, Iowa 52240, Telephone: (319) 356-5052; or the City's Financial Consultant, Evensen Dodge, Inc., 601 2nd Avenue South, Suite 5100, Minneapolis, MN 55402, Telephone: (612) 338-3535. Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: Said bonds will be sold subject to the opinion ofAhlers, Cooney, Dorweiler, Haynie, Smith & Allbee, P.C., Attomeys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The fight is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Iowa City, Iowa. s/MARIAN K. KARR, CITY CLERK 236167\1\10714056 06-20-00 I 14 Council Member introduced the following Resolution entitled, "RESOLUTION DIRECTING SALE OF $14,310,000 GENERAL OBLIGATION BONDS," and moved its adoption. Council Member seconded the motion i6.,adopt. The roll was called and the vote AYES:" NAYS: \ Whereupon, the Mayor Resolution duly adopted: RESOLUTION OF $14,310,000 GENERAL OBLIGATION Z WHEREAS, pursuant to notice as by law, bids have been received at public sale for the bonds described as the best bid received is determined to be the following: $14,310,000 GENE L~L BONDS: Bidder: of the terms of said bid being: Purchase Price: $ True Interest Rate: Net Interest Cost $ -4- REPORT OF BIDS CITY OF IOWA CITY $14,310,000 General Obligation Bonds, Series 2000 June 20, 2000 TO: Iowa City Mayor, Council Members and Administration FROM: David Dirks EVENSEN DODGE, INC. SUBJECT: $14,310,000 General Obligation Bonds, Series 2000 Today, June 20, 2000, the sealed bids tabulated below were received, opened and reviewed. The bids reflect and are indicative of the current conditions in the tax- exempt market. BIDDER ADDRESS $ NIC (%) TIR PaineWebber Inc. Chicago, IL $ 8,229,233.09 5.3328 % Harris Trust &Savings Bank Chicago, IL $ 8,288,625.85 5.3663 % Dain Rauscher, Inc. Chicago, IL $ 8,297,138.35 5.3734 % U.S. Bancorp-Piper Jaffray Minneapolis, MN $ 8,311,553.48 5.3862 % WE RECOMMEND AWARD TO: PAINEWEBBER INCORPORATED Thankyou for the opportunity to be of service to the City of Iowa City, Iowa. IYe are available to answer any questions you may have on this or any other issue in the future. 100 Court Avenue, Suite 215 Des Moines, IA 50309 515/282-6138 FAX 515/282-0252 W:Xform~resultsktirks Council Member Vanderhoef introduced the following Resolution entitled "PjESOLUTION DIRECTING SAdiE OF $14,310,000 GENEP, fid~ OBLIGATION BONDS," and moved its adoption. Council Member Champi on seconded the motion to adopt. Ilae roll was called and the vote was, AYES: Pfab, Vanderhoef, Wilburn, Champion, Kannerm lehman, ~'Dnnnpll NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: Resolution No. 00-224 RESOLUTION DIRECTING SALE OF $14,310,000 GENERjU~ OBLIGATION BONDS WHEPJEAS, pursuant to notice as required by law, bids have been received at public sale for the bonds described as follows and the best bid received is determined to be the following: $14,310,000 GENERAL OBLIGATION BONDS: Bidder: PaineWebber Inc. of Chicago, IL the terms of said bid being: Purchase Price: $ 14,196,770.45 True Interest Rate: 5.3328 Net Interest Cost $ 8,229,233.09 -4- NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF THE CITY OF IOWA CITY, IOWA: Section 1. That the bid for the bonds as above set out is hereby determined to be the best and most favorable bid received and, said bonds are hereby awarded based on said bid. Section 2. That the statement of information for bond bidders and the form of contract for the sale of said bonds are hereby approved and the Mayor and Clerk are authorized to execute the same on behalf of the City. Section 3. That the notice of the sale of the bonds heretofore given and all acts of the Clerk done in furtherance of the sale of said bonds are hereby ratified and approved. PASSED AND APPROVED, this 20th day of June ,2000. ATTEST: Clerl~ PGOODRICHX236683\ 1 \ 10714056 -5- --o-s-~o-oo Prepared by: Linda Severson, Human Services Coord., 410 E. Washington St., Iowa City, IA 52240 319-356-5242 RESOLUTION NO. 00-225 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR AID-TO-AGENCY FUNDING BY THE CITY OF IOWA CITY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO A'I'I'EST THE SAME: BIG BROTHERS AND BIG SISTERS ($41,011); CRISIS CENTER ($40,600); DOMESTIC VIOLENCE INTERVENTION PROGRAM ($54,256); EMERGENCY HOUSING PROJECT ($10,000); FREE MEDICAL CLINIC ($6,284); HAWKEYE AREA COMMUNITY ACTION PROGRAM ($8,635); IOWA CENTER FOR AIDS RESOURCES AND EDUCATION ($11,000); MAYOR'S YOUTH EMPLOYMENT ($43,483); NEIGHBORHOOD CENTERS OF JOHNSON COUNTY ($62,856); RAPE VICTIM ADVOCACY PROGRAM ($14,850); AMERICAN RED CROSS ($5,500); AND UNITED ACTION FOR YOUTH ($52,025). WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City Council of Iowa City, Iowa, recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements with Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Free Medical Clinic; Hawkeye Area Community Action Program; Iowa Center for AIDS Resources and Education; Mayors Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreements between the City of Iowa City and Big Brothers and Big Sisters; the Crisis Center; the Domestic Violence Intervention Program; the Emergency Housing Project; Free Medical Clinic; Hawkeye Area Community Action Program; Iowa Center for AIDS Resources and Education; Mayor's Youth Employment; Neighborhood Centers of Johnson County; Rape Victim Advocacy Program; American Red Cross; and United Action for Youth, copies of which are filed in the Office of the Human Services Coordinator, are hereby approved. 2. The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. Passed and approved this 20t, h day of ,2000. R Approved by jccoghs\res\aid2agen.doc Resolution No. NN-??.~ Page 2 It was moved by Pfab and seconded by Vanderhoef the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum oe-zo-oo Prepared by: Linda Severson, Human Services Coord., 410 E. Washington, Iowa City, IA 52240 319-356-5242 RESOLUTION NO. 00-226 RESOLUTION APPROVING AN AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, AND THE FOLLOWING AGENCIES FOR FEDERAL COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING BY THE CITY OF IOWA CITY, IOWA AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST THE SAME: ELDERLY SERVICES ($62,063); MID-EASTERN COUNCIL ON CHEMICAL ABUSE ($29,962); AND UNITED ACTION FOR YOUTH ($'12,97'5); WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to assist and support its residents; and WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383) and under the Cranston-Gonzales National Affordable Housing Act (Public Law 101-625); and WHEREAS, the City Council of Iowa City, Iowa recognizes the need for human service support in the Iowa City community; and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into such contracts and agreements. WHEREAS, the City of Iowa City, Iowa has negotiated funding agreements for use of part of such funds with Elderly Services, Mid-Eastern Council on Chemical Abuse, and United Action for Youth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The Funding Agreements between the City of Iowa City and Elderly Services, Mid-Eastern Council on Chemical Abuse, and United Action for Youth, copies of which are filed in the Office of the Human Services Coordinator, are hereby approved. 2. The Mayor or City Manager is hereby authorized to execute and the City Clerk to attest said Agreements. '~IAYOR rove ATTEST: 22 CI'~CLERK i y orney's O ~ce jccoghs'fes~cdbg00.doc Resolution No. 00-226 Page 2 It was moved by Wi 1 burn 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 Publish 5/19 ADVERTISEMENT FOR BIDS WEST SIDE TRUNK SANITARY SEWER PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 A.M. on the 13TM day of June, 2000, 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. Sealed proposals will be opened immediately thereafter by the City Engineer or designee. Bids sub- mitted 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 20th day of June, 2000, or at such later time and place as may be scheduled. The Project will involve the following: Approximately 3600 feet of 12 to 27 inch diameter PVC and RCP sanitary sewer, including 560 feet of jacked PVC sanitary sewer and sewer manhole removal and replacement with other associated sanitary sewer work. All work is to be done in strict compliance with the plans and specifications prepared by Daniel R. Scott, P.E., of Iowa City, 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 (1 O) calendar days of the City Council's award of the contract 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 exseed fifteen (15) calendar days following award of the contract, 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, 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 two (2) year(s) from and after its completion and formal acceptance by the City. The following limitations shall apply to this Project: Working Days: 70 Specified Start Date: July 10, 2000 Liquidated Damages: 9200 per day 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 the City Engineer, Iowa City, Iowa, by bona fide bidders. A 925 non-refundable fee 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 the City of Iowa City. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. A listing of minority contractors can be obtained from the Iowa Department of Economic Development at (515) 242-4721. 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). AF-1 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. By virtue of statutory authority, preference must 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 resident bidder preference law applies to this Project. The City reserves the right to reject any or all proposals, and also reserves the right to waive techni- calities and irregularities, Published upon order of the City Council of Iowa City, Iowa. MARlAN K. KARR, CITY CLERK 06-20-00 Prepared by: Daniel Scott, Senior Engineer, 410 E. Washington St., Iowa City, IA 52240 (319)356-5144 RESOLUTION NO. 00-227 RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE WEST SIDE TRUNK SANITARY SEWER PROJECT. WHEREAS, Maxwell Construction of Iowa City, Iowa has submitted the lowest responsible bid of $298,664.00 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 Maxwell Construction, 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 201;h day of ,.1~ ,20 00 It was moved by Vanderhoef and seconded by O' 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 Wilburn Prepared by: Kim Shera, Engineering, 410 E. Washington St,, Iowa City, IA 52240 (319) 356-5437 RESOLUTION NO. 00-22LR RESOLUTION TEMPORARILY CLOSING A PORTION OF GRAND AVENUE RIGHT-OF-WAY AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA. WHEREAS, the University will be reconstructing a retaining wall in front of the University of Iowa Boyd-Law Building in the Grand Avenue right-of-way; and WHEREAS, the University and City desire to secure the construction site against pedestrian traffic during construction along Grand Avenue between its intersections with Riverside Drive and Byington Road; and WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a propedy safe distance from traffic, so as not to endanger lives or property; and WHEREAS, an agreement for the temporary use of public right-of-way containing such conditions has been prepared and is attached to this resolution. 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 Grand Avenue right-of-way in Iowa City, Iowa in order to assure a safe construction site for the University of Iowa and thereby ensure public safety. 2. The following public right-of-way shall be temporarily closed: The traffic control plan is included in the attached agreement for temporary use of public right-of-way. Traffic shall be maintained at all times. This temporary closure shall begin no sooner than June 26, 2000 and end no later than July 31, 2000. 3. The agreement for temporary use of public right-of-way attached hereto 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 University expense. Passed and approved this 20th day of ,]L~t ,2000. CI~CLERK City Attorney;s Office pweng/redgrandave.doc ; Resolution No. 00-228 Page 2 It was moved by Vanderhoef and seconded by Pfab the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Champion Kanner Lehman O'Donnell Pfab Vanderhoef Wilbum Prepared by: Kim Shera, Engineering, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5437 AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA This Agreement is made between the University of Iowa ("University") and the City of Iowa City, Iowa, a municipal corporation ("City"). WHEREAS, the University will be reconstructing a retaining wall in front of the University of Iowa Boyd Law Building in the Grand Avenue right-of-way; and WHEREAS, the University and City desire to secure the construction site against pedestrian traffic during construction along Grand Avenue between its intersection with Riverside Drive and Byington Road. WHEREAS, the parties acknowledge the City's and University's need to assure a safe construction site at a properly safe distance from traffic, so as not to endanger lives or property; and Now, therefore, in mutual consideration of the promises herein, the University and City agree as follows: 1. The University is directing construction work at the University of Iowa Boyd Law Building in the Grand Avenue right-of-way in Iowa City, Iowa. Because construction will take place adjacent to the Grand Avenue right-of-way, it is in the best interests of both the University and the City to temporarily close a portion of Grand Avenue right-of-way in order to safely accommodate said construction. 2. In order to protect the construction area from traffic, and also to protect the pedestrian traffic from the construction site, City agrees to temporarily close a portion of Grand Avenue right- of-way, namely: The area from back of curb to the property line for a distance of approximately 80 feet. Traffic shall be maintained at all times. In consideration of the University's use of Grand Avenue right-of-way during construction, the University agrees to secure its construction site against pedestrian traffic by providing adequate traffic control, and by fencing all open excavations while the contractor is not working. The University further agrees to provide and keep in place, and maintain in good working condition, signage necessary to: a) Route pedestrians. b) Provide advance warning. c) Provide for the orderly and predictable movement of vehicular traffic. 2 All signage shall be in accordance with the Federal Highway Administration Manual on Uniform Traffic Control Devices. Exhibit "A" shows the area of closure. 3. The parties agree that this agreement shall be in effect for this project starting no sooner than June 26, 2000, and ending no later than July 31, 2000. 4. After construction is completed, University agrees to restore all rights-of-way to the City's complete satisfaction. 5. This agreement shall be recorded in the Johnson County Recorders Office, at University expense. 6. University shall assume responsibility for and indemnify and hold City harmless from all claims, damages, and/or liability, including reasonable attorney's fees, arising from University's use of the Grand Avenue right-of-way hereunder to the full extent permitted by Chapter 669, Code of Iowa (1997). Dated and signed this ~ day of ~'c4/~ E ,2000. CITY OF IOWA CITY, IOWA UNIVERSITY OF IOWA U ager ATTEST:Mari~aK. Karr, City Clerk ATTEST: STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this ?b day of ~j'~,~: , 2000, before me, -%-,n cL--,~ < /--c r,-F , a Notary Public in and for the State of Iowa, personally appeared Ernest W. Lehman 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-(Ordinancc) (Resolution) No. be- za~p~ passed by the City Council, on the day of ."'7~c~ ,v ,e , 2000, and that Ernest W. Lehman 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. Notary Public in and for the State of Iowa 3 STATE OF IOWA ) ) ss: JOHNSON COUNTY ) On this '~. Jrh day of '~",,j..~'e.__ , 2000, before me, '/.--y- ~ ~ , a Nota~ Public in and for the State of Iowa, personally appeared Michael J. Finnegan and Douglas M. Young, to me personally known, and, who, being by me duly sworn, did say that they are the University Business Manager and Secreta~ of the Ousino~ O~,, respectively; that they have authority to act and are acting on behalf of the University of Iowa, as provided by and that as such these persons did execute the foregoing instrument as the volunta~ act and dee~ of the University of Iowa, for and on behalf of the State of Iowa Board of Regents. Not~ Pubic - ~A~ ~ ~A ~ _ ~ ~n E~i~ ~ ~a, ~ Nota~ Public in for the State of Iowa Approved by cj-zt?o~' (., '- / ~ - L~ u pweng/ag~grandave.doc .... s I~ @ \ _ ~ H It M~O~ A ~NUE / T~AFFIG GONT~OL P~N 1'=1~' ~ ~ T~FIC CONTROL P~N :/ RECONSTRUCTION R~AINING WALLS 100177-O ~ E CLIENT NO, ~ _ ~ - - UNIVERS~ OF IOWA ~ m DA~ 5/22/00 SCALE AS NO~D SHEET NO. ~ ~ ~ ~ ~ ' ~ ~' ~ ' ~ ~ ~ DRAffi J~ RELD BOOK x __ APPRO~D REdSION A ;/'~ ~ 06-20-00 ] ., I9 Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 00-229 RESOLUTION AUTHORIZING ACQUISITION OF LOT 38, FIRST AND ROCHESTER ADDITION, PART 1, IOWA CITY, IOWA. WHEREAS, the City of Iowa city must acquire temporary and permanent easements over Lot 38, First and Rochester Addition, Part 1, Iowa City, Iowa in connection with the First Avenue Water Main Installation Project; and WHEREAS, the property owner has offered to sell said Lot 38 to the City for $65,000; and WHEREAS, the City of Iowa City desires to acquire said Lot 38, to expand the entrance to Hickory Hill Park on First Avenue; and WHEREAS, said acquisition is in the public interest; and WHEREAS, City staff should be authorized to negotiate and sign a purchase agreement for said Lot 38 for $65,000. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Council finds that it is in the public interest to acquire Lot 38, First and Rochester Addition, Part 1, Iowa City, Iowa. 2. The City Manager, in consultation with the City Attorney's office, is hereby authorized and directed to negotiate the purchase of said Lot 38 for $65,000. The City Manager is authorized to sign a purchase agreement for the purchase of said property. 3. The City Attorney is hereby directed to take all necessary action to complete the purchase of said Lot 38, as required by law. Passed and approved this 20th day of ne ,20 ~ ,v; ,YOl ' " ove ~ ,, . C%"~RR~z'~'' City Attorney's Office It was moved by Vanderhoef and seconded by W'i 1 burn 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 eleanorlres/firstrochesler.doc