Loading...
HomeMy WebLinkAbout2001-01-09 Resolution RESOLUTION NO. 01-1 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: Airliner 22 S.Clinton Street Union - 121 E. College Street It was moved by Champion and seconded by 0'Donnel l 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 × ~ Wilburn Passed and approved this 9th day of January , 2001 CIT~'~LERK City Attorney;s Office clerk\res\danceprm .doc Prepared by: Liz Osborne, Program Asst., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-2 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF A LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 920 SOUTH DODGE STREET, IOWA CITY, IOWA. WHEREAS, on May 19, 2000, the owner of 920 South Dodge Street executed a Mortgage through the City's Downpayment Assistance Program for the amount of $3,000 in the form of a loan; and WHEREAS, the loan was paid off on December 22, 2000; and WHEREAS, it is the City of Iowa City's responsibility to release th~s lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to a~est the attached Release of Lien for recordation, whereby the City does release the prope~y located at 920 South Dodge Street, Iowa City, Iowa from a Mo~gage recorded on May 22, 2000, Book 2954, Page 321 through Page 324; of the Johnson County Recorder's O~ce. Passed and approved this 9th day of January , ~. 2001. Approved by i~ orn~y's O~ce It was moved by Champi on and seconded by 0 ' Donne '1 ] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x Kanner × Lehman ,~ O'Donnell ~ Pfab ~ Vanderhoef ~ Wilburn ppdrehab/re~920Sdodge.doc Prepared by: Liz Osborne, CD Division, 410 E, Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 920 South Dodge Street, Iowa City, Iowa, and legally described as follows: The North 50 feet of Lot 8 in Block 4 in Borland Place Addition to Iowa City, Iowa, according to the plat thereof recorded in Book 1, Page 43, Plat Records of Johnson County, Iowa. from an obligation of the owner, Robyn M. Welk, to the City of Iowa City in the total amount of $3,000 represented by a Mortgage recorded on May 22, 2000, Book 2954, Page 321 through Page 324 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 10th day of Janaury , A.D. 20 01 , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said 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. 01-2 ., adopted by the City Council on the 9th day of Januar.y ,20 01 and that the said Ernest W. Lehman and Marian K. Karr 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. Ppdrehab\92osdodge-rel.doc Notary Public in and for Johnson County, Iowa MY COMMISSION EXPIRES Apm5,2002 Prepared by: Liz Osborne, Program Asst., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-3 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST TO THE RELEASE OF LIEN REGARDING A MORTGAGE FOR THE PROPERTY LOCATED AT 326 NORTH JOHNSON STREET, IOWA CITY, IOWA. WHEREAS, on January 12, 1996, the owners of 326 North Johnson Street executed a ten-year low interest loan through the City's Rental Rehabilitation Program for the amount of $36.759.75; and WHEREAS, the loan was paid off on December 27, 2000; and WHEREAS, it is the City of Iowa City's responsibility to release this lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien for recordation, whereby the City does release the property located at 326 North Johnson Street, Iowa City, Iowa from a Mortgage recorded on January 24, 1996, Book 2025, Page 252 through Page 256 of the Johnson County Recorder's Office. Passed and approved this 9th day of January 20 01 AYOR Approved by I, was moved by Champion and seconded by 0' Donnel] the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Champion x Kanner X Lehman ~ O'Donnell x Pfab x Vanderhoef x Wilburn ppdrehab/res/326NJohnson dec Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RELEASE OF LIEN The City of Iowa City does hereby release the property at 326 North Johnson Street, Iowa City. Iowa, and legally described as follows: The South 45 feet of the following described real estate, to-wit: Beginning at the Northwest corner of Lot 4 in Block 28, Iowa City. Iowa; thence East 80 feet; thence South 105 feet; thence West 80 feet; thence North 105 feet to the place of beginning. from an obligation of the owners, Donna J and Paul McKeen, to the City of Iowa City in the total amount of $36,759.75 represented by a Mortgage, recorded on January 24, 1996, Book 2025, Page 252 through Page 255 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded document. Approved by ATTEST: ' CI~If)'~(Y(Y~L:LE~'L'~2 City Attorney'. Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this ]0th day of ,]anuaP~, , A.D. 20 01 , before me, the under- signed, a Notary Public in and for said County, in said State, personally appeared Ernest W. Lehman and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said 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. 01-3 , adopted by the City Council on the 9th day of Januar,v ,20 01 and that the said Ernest W. Lehman and Marian K. Karr 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. ppdrehab\$26NJohnson rel.doc NOtary Public in and for Johnson County, Iowa I*"1KELLIE K. TU'ITLE MY COMMISSION EXPIRES April 5, 2002 Prepared by: Liz Osborne, Program Asst., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5246 RESOLUTION NO. 01-4 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A SUBORDINATION AGREEMENT BETVVEEN THE CITY OF IOWA CITY AND BRENTON BANK, CORALVlLLE, IOWA, FOR PROPERTY LOCATED AT 1562 DICKENSON LANE, IOWA CITY, IOWA. WHEREAS, the City of Iowa City is the owner and holder of an Agreement, a Promissory Note, and Mortgage in the amount of $61,400, executed by the owner of the property on February 12, 1998 and recorded on February 27, 1998, in Book 2429, Page 203 through Page 224, in the Johnson County Recorder's Office covering the following described real estate: Lot 86, South Pointe Addition, Part 5, Iowa City, Iowa, according to the plat thereof recorded in Book 33, Page 312, Plat Records of Johnson County, Iowa. WHEREAS, Brenton Bank, has refinanced a first mortgage in the amount of $77,200 to the owner of 1562 Dicksenson Lane and to secure the loan by a mortgage covering the real estate described above; and WHEREAS, it is necessary that the Mortgage held by the City be subordinated to the lien of the proposed mortgage in order to induce Brenton Bank to make such a loan; and WHEREAS, Brenton Bank has requested that the City execute the attached subordination agreement thereby making the City's lien subordinated to the lien of said Mortgage with Brenton Bank; and WHEREAS, there is sufficient value in the above described real estate to secure the City lien as a second lien. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the Mayor is authorized to execute and the City C[erk to attest the subordination agreement between the City of Iowa City and Brenton Bank, Coralville, Iowa. Passed and approved this 9th day of Januar , . . Approved by City Attorney's Office It was moved by Champi on 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 ppdrehablres/1562D~ckensondoc X Wilburn SUBORDINATION AGREEMENT THIS AGREEMENT is made by and between the City of Iowa City. herein the City, and BRENTON BANK, herein the Financial Institution. WHEREAS, the City is the owner and holder of a certain MORTGAGE which at this time am in the amount of $ 61.400 and were executed by GREATER IOWA CITY HOUSING FELLOWSHIP (herein the Owner), dated FEBRUARY 12, 19 98, recorded FEBRUARY 27, 1998, in Book 2429 , Page 221 through, Johnson County Recorders Office, covedng the following described real property: LOT 86, SOUTH POINTE ADDITION, PART 5, IOWA CITY, IOWA. ACCORDING TO THE PLAT THEREOF RECORDED IN BOOK 33, PAGE 312, PLAT RECORDS OF JOHNSON COUNTY, IOWA. WHEREAS, the Financial Institution proposes to loan the sum of $ 77,200 on a promissory note to be executed by the Financial Institution and the Owner, securing a mortgage covering the real property described above; and WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the MORTGAGE held by the City be subordinated to the lien of the mortgage proposed to be made by the Financial Institution. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the parties agree as follows: 1. Subordination. The City hereby covenants and agrees with the Financial Institution that the above noted MORTGAGE held by the City is and shall continue to be subject and subordinate to the lien of the mortgage about to be made by the Financial Institution. 2. Consideration. The City acknowledges receipt from the Financial Institution of One Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its act of subordination herein. SUBORDINATION AGREEMENT 2 3. Senior Mortgage. The mortgage in favor of the Financial Institution is hereby acknowledged as a lien supedor to the MORTGAG E of the City. 4. Binding Effect. This agreement shall be binding upon and inure to the benefit of the respective heirs, legal representatives, successors, and assigns of the parties hereto. Dated this (~ day of ~!Ern ~3~p,,. ,2000 CITY'S ACKNOWLEDGEMENT STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this lnthday of .lan,~ 20 nl, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernesl: W. Lehman and Madan K. Kan'to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in (~INIetlC~ (Resolution) No. 01-4 passed (the Resolution adopted) by the City Council, ;Q~II)~I~IIX:XalI(Ir~XXXXXXXXXXXXXXXXXXXXXX~f the City Council on the 9th day of danuar.y 2001 and that Ernest W. Lehman and Madan K. K~rr 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 A~dl 5, 2002 SUBORDINATION AGREEMENT 3 STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 8 day of /~ ~/~ , A.D. 20 Go , before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared 3o, nn~ ~,/rY~Andr~u~ and ~;l~n KJ~ck~ , to me pemonally ~o~, ~o being by me duly sworn, did say fiat ~ey are ~e ~. and AU{~ -~1/~ r , mspe~vely, of said ~rpom~on execu~ng the within and foregoing ins~ment to which this is a~ched, fiat said ins~ment was signed and sealed on behalf of said ~omtion by auffiod~ of its Board of Direrors: and fiat ~e ~id J~m~ & ~ ~n~c~ and ~l~y~ K/dc~ as su~ offi~m a~o~edged ~e execution of said ins~ment to be the volunta~ act ~u ~e~O blic in and for th f Iowa Prepared by: Robert Miklo, Associate Planner, 410 E. Washington St., Iowa City, IA 52240; 319-356-5240 RESOLUTION NO. RESOLUTION APPROVING THE PRELIMINARY PLAT AND MANUFACTURED HOUSING SITE PLAN OF SADDLEBROOK, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Lake Calvin Properties, filed with the City Clerk of Iowa City, Iowa, an application for approval of the preliminary plat and manufactured housing site plan of Saddlebrook, Part 2; and WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the preliminary plat and manufactured housing site plan and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the preliminary plat and manufactured housing site plan and, after due deliberation, recommended acceptance and approval of the plat; and WHEREAS, the preliminary plat and manufactured housing site plan conforms with all of the requirements of the City Ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The preliminary plat and manufactured housing site plan of Saddlebrook, Part 2, Iowa City, Iowa, is hereby approved. 2. The Mayor and City Clerk of the City of Iowa City, Iowa are hereby authorized and directed to certify this resolution, which shall be affixed to the plat after passage and approval by law. Passed and approved this day of , 2000. MAYOR A by ATTEST: ~~-C~c~ CITY CLERK City orne Z-/ ppdadrninlreslsaddle doc JAN 09-2001 09:51 LEFF HALPERT TRAW WILLMAN 319 338 6902 P,02 LEFF, ]]A1LTpI~RT, TR AW & viV1T.r.I~_AI~T, ~ Janllary 9, 200~ via ~aes$=$1e o~y (356-5008) Ms. Sarah E. Holecek First Assistant City Attorney Civic Center 410 East Washington Street Iowa City, Iowa 52240 Re: Saddlebrook Addition, Part 2 Dear Sarah: As you know, our office represents the Paddock, L.L.C. and Lake Calvin Properties in their application to the City for approval of Saddlebrook Addition, Part 2 Subdivision. I understand that this matter is set to proceed before the council on Tuesday, January 9, 2001. We respectfully request the council defer hearing and determination on the preliminary plat, final plat, and manufactured housing site plan for Saddlebrook Addition, Part for an additional month. We regret to again request an extension in this matter, but the volume of this project and the need for continued review and discussion with the City to finalize the legal paperwork necessitates the need for an additional deferral. Again, we respectfully request the council defer hearing and determination of t~LiS matter Until the council meeting scheduled on or about Tuesday, February 6, 2001. If you have any questions Or concerns, please do not hesitate to contact me. Very truly yours, LEFF, HAUPERT, TRAW & WILE, L.L,P. Leslie L. Moore LLM: j o cc: James Miller TOTAL P. 02 Prepared by: Robert Miklo, Sr. Planner, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5240 RESOLUTION NO. RESOLUTION APPROVING FINAL PLAT AND MANUFACTURED HOUSING SITE PLAN OF SADDLEBROOK ADDITION, PART 2, IOWA CITY, IOWA. WHEREAS, the owner, Lake Calvin Properties, filed with the City Clerk the final plat and manufacture housing site plan of Saddlebrook Addition, Part 2, Iowa City, Iowa, Johnson County, Iowa; and WHEREAS, said subdivision is located on the following-described real estate in Iowa City, Johnson County, Iowa, to wit: A portion of the NW 1/4, Section 25; the W 1/2, NE 1/4, Section 25, except the east 660.05 feet thereof; the W 1/2 SE 1/4, Section 24 lying south of Highway No. 6 (formerly Lower Muscatine Road, formerly Wyoming Road), except the east 660.05 feet thereof; all located in Twp. 79 N., R. 6 W., of the 5th P.M., Iowa City, Iowa being part of the same realty described in Book 1036 - Page 193 Johnson County Recorder's Office, described as follows: Beginning at a 5/8" rebar at the SE corner of Bon Aire Mobile Home Lodge as described in Book 1035 - Page 422 and Plat Book 2 - Page 127; thence N88°36'12"E - 25.00 feet along the north line of Lot 4 of Saddlebrook Addition, Part 1, Iowa City, Iowa according to the plat recorded in Plat Book 37, Page 94 of the Johnson County Recorder's records to a 5\8" rebar marking the common quarter corner between said Sections 24 & 25; thence N88°23'21"E - 176.02 feet along the north line of said Lot 4 & the common line of said Section 24 & 25; thence N70°04'20"E - 178.06 feet to the northeast corner of said Lot 4; thence southeasterly 70.72 feet along a 2007.00 foot radius curve of the Heinz Road right-of-way, concave easterly with a central angle of 2°01 '08" and a chord of S19°30'35"E - 70.71 feet; thence S20°31 '09"E - 75.18 feet along said right-of-way; thence N69°28'51 "E - 66.00 feet along said right-of way; thence N20°31 '09"W - 75.18 feet along said right-of-way; thence northwesterly 235.84 feet along a 1941.00 foot radius curve of the Heinz Road right-of- way, concave easterly with a central angle of 6057'42" and a chord of N17°O2'18"W - 235.70 feet to the southwest corner of Lot 2 of said Saddlebrook Addition, Part 1; thence S89°51 '28"E - 298.49 feet to the southeast corner of said Lot 2 and a point on the west line of the East 660.05 feet of the W1/2 SE 1/4 of said Section 24; thence S0°17'37"W - 228.34 feet to the southwest corner of said East 660.05 feet of the W 1/2 SE 1/4 said Section 24; thence S0°02'21 "E - 1561.21 feet along the west line of the East 660.05 feet of the W1/2 NE 1/4 of said Section 25; thence S67°52'28"W - 281.44 feet; thence westerly 678.53 feet along a 1045.00 foot radius curve, concave northerly, with a central angle of 37° 12'10" and a chord of S86°28'25"W - 666.67 feet; Resolution No. Page 2 thence N75°02'01 "W - 509.92 feet; thence westerly 650.59 feet along a 955.00 foot radius curve, concave southerly, with a central angle of 39°01 '58" and a chord of S85°27'00"W - 638.09 feet; thence NO°Og'O2"W - 707.22 feet to the southwest corner of Lot A of said Saddlebrook Addition, Part 1; thence N0°09'02"W - 865.42 feet to the northwest corner of said Lot A; thence N88°21 '05"E - 86.03 feet to the southwest corner of said Bon-Aire Mobile Home Lodge; thence N88°36'12"E - 1,290.05 feet to the Point of Beginning. Said tract contains 77.651 Acres, more or less. WHEREAS, the Department of Planning and Community Development and the Public Works Department examined the proposed final plat and manufactured housing site plan, and recommended approval; and WHEREAS, the Planning and Zoning Commission examined the final plat and manufactured housing site plan and recommended that said final plat, subdivision, and manufactured housing site plan be accepted and approved; and WHEREAS, a dedication has been made to the public, and the subdivision has been made with the free consent and in accordance with the desires of the owners and proprietors; and WHEREAS, said final plat and manufactured housing site plan are found to conform with Chapter 354, Code of Iowa (1999) and all other state and local requirements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THA'I:: 1. The said final plat and manufactured housing site plan located on the above-described real estate be and the same are hereby approved. 2. The City accepts the dedication of the streets, easements and public open space as provided by law and specifically sets aside portions of the dedicated land, namely streets, as not being open for public access at the time of recording for public safety reasons. 3. The Mayor and City Clerk of the City of Iowa City, Iowa, are hereby authorized and directed, upon approval by the City Attorney, to execute all legal documents relating to said subdivision, and to certify a copy of this resolution, which shall be affixed to the final plat after passage and approval by law. The City Clerk shall record the legal documents and the plat at the office of the County Recorder of Johnson County, Iowa at the expense of the owner/subdivider. Passed and approved this day of , 2000. MAYOR ATTEST: '/"'~ CITY CLERK IZ plxladminVe$~saddlebrk2.doc Prepared by: Kim Johnson, Public Works, 410 E. Washington St., Iowa City, IA 52240 319-356-5139 RESOLUTION NO. 01-5 RESOLUTION DECLARING THE CITY'S INTENT TO PROCEED WITH AND AUTHORIZING THE ACQUISITION OF PROPERTY RIGHTS FOR THE FIRST AVENUE EXTENSION PROJECT, WHEREAS, notice of public hearing on the City's intent to proceed with a public improvement project and to acquire property rights for the above-named project was given as required by law, and the hearing thereon held; and WHEREAS, the City of Iowa City desires to construct the First Avenue Extension Project ("Project") which includes grading, paving, sidewalks, storm sewer and related construction work; and WHEREAS, the City Council has determined that construction of the Project is a valid public purpose under State and Federal law, and has further determined that acquisition of certain property rights is necessary for the proposed project; and WHEREAS, the City's Consultant, Shoemaker Haaland Engineers, has determined the location of the proposed Project; and WHEREAS, City and Consultant staff should be authorized to acquire necessary property rights at the best overall price to the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, iOWA, THAT: 1. It is the City's intent to proceed with the First Avenue Extension Project. 2. The City Council finds that it is in the public interest to acquire property rights necessary for the construction of the First Avenue Extension Project ("Project"), which Project constitutes a public improvement under Iowa law. The City Council furlher finds that acquisition of said property rights is necessary to carry out the functions of the Project, and that such Project constitutes a valid public purpose under state and federal law. 3. The City Manager or designee, in consultation with the City Attorney's office, is authorized and directed to establish, on behalf of the City, an amount the City believes to be just compensation for the property to be acquired, and to make an offer to purchase the property for the established fair market value. Resolution No. 01-5 Page 2 4. The City Manager, or designee, is hereby authorized and directed to negotiate the purchase of property rights for the construction, operation and maintenance of the Project. The City Manager or designee is authorized to sign pumhase agreements for the purchase of property and/or easements, and offers to purchase property and/or easements. 5. In the event negotiation is successful, the Mayor and City Clerk are hereby authorized, upon direction of the City Attorney, to execute and attest all documents necessary to effectuate the pumhase of said property rights. The City Attorney is hereby directed to take all necessary action to complete said transactions, as required by law. 6. In the event the necessary property rights for the Project cannot be acquired by negotiation, the City Attorney is hereby authorized and directed to initiate condemnation proceedings for acquisition of any and all property rights necessary to fulfill the functions of the Project, as provided by law. Passed and approved this 9th day of Janaury ,20 01 City Attorney's Office It was moved by 0' Donne] ] and seconded by Champion 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 Wiiburn pweng/resllstavext.doc Prepared by: Eleanor M. Dilkes, City Attorney, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5030 RESOLUTION NO. 01-6 RESOLUTION APPROVING A PURCHASE AGREEMENT BETWEEN THE CITY OF IOWA CITY AND DONNA AND VIC ZENDER FOR CONDOMINIUM UNIT 1- G IN TOWER PLACE AND PARKING AND THE DISPOSITION OF SAID PROPERTY IN ACCORDANCE THEREWITH. WHEREAS, Tower Place and Parking includes commercial space which has been marketed for sale to the general public; and WHEREAS, the City has negotiated a purchase agreement with Donna and Vic Zender for condominium unit I-G in said facility, which purchase agreement is attached hereto and requires City Council approval. 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 Donna and Vic Zender for condominium unit 1-G in Tower Place and Parking and the disposition of said property in accordance in with that agreement. 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 and approved this 9th day of January ,20 fil · ATTEST: Y2' ',---~-,,-z¢-) ~ ~/~"/L4,-J . /- S ' O// CIT~LERK City Attorney's Office Annen',forms~Resolution Approving Purchase Agreement.doc Resolution No. 01-6 Page 2 It was moved by Vanderhoef and seconded by W1 ] 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 Wilbum ADDENDUM TO SELLER'S COUNTEROFFER 2 South Linn St., Unit 1G A. Delete "2 South Linn, Suite 1G, Iowa City, Iowa" from paragraph 1, "Real Estate Description" and in-lieu-thereof, insert the following: Unit 1G, Tower Place and Parking, as defined in the draft Declaration of Condominium attached hereto as Exhibit "A'. The final recorded Declaration of Condominium which will create the horizontal property regime pursuant to Iowa Code Chapter 499B, shall be in substantial conformity with Exhibit "A" . Buyers understand that the percentages of the unmetered heating and cooling expense attributable to each unit will be modified to reflect that Unit 1H has a separate heating and cooling system and therefore, will not share in the expense of the common heating and cooling system. Buyers further understand and acknowledge that Unit 1G and 1B will share an air handling unit; that the air handling unit can only be powered from one of said anits' electrical panels and will be powered from Unit 1G's electrical panel, it being the larger of said two units; that the owner of Unit 1G will receive a bill from the power company; and, that the bill will be allocated between Units 1B and 1G with 63% going to Unit 1G and 37% going to Unit 1B. Said Unit 1G will be constructed in substantial conformity with the plans and specifications for the Tower Place and Parking facility. In addition, Buyer understands and agrees to the following: 1. Each tenant ("tenant" includes prospective owner of condominium unit) will be required to gain their own bnilding permit for all work completed within their commercial space. No work will be allowed to commence until a permit is obtained. 2. Domestic water will be stubbed into the mechanical room of each commercial space. The tenant will be responsible for providing branch water supply lines from this point to each plumbing fLxmre as required. 3. Sanitary sewer and sewer vent lines will be stubbed into each commercial space in one location each. The tenant is responsible for providing waste piping each plumbing fixture. The tenant is also responsible for providing vent piping as required and tying it into the building vent system. 4. General sprinkler heads are providnd in each space given an open plan. The tenant will be responsible for changing the sprinkler layout to suit their needs and gaining approval from the Fire Marshal for these changes. 5. Some branch supply ductwork is provided to each commercial space. This ductwork is designed for distributing the air within the space if it is fully open. 000428 Addendurn to Sellers' Counteroffer Page 2 The tenant will be required to design and provide all branch ductwork added to that given in the ramp Contract. The tenant will be required to design and provide all work required to add additional zones within their commercial space and have this work compatible with the Trane control system so the energy consumption within each space can be monitored with that space. 6. Gas service will be provided by each tenant from its entry point on the south side of the building. 7. An electrical panel will be provided in each tenant's mechanical room. The tenant is responsible for providing all branch circuits within their commercial space. · Circuits for the entrance lighting outside each commercial space's entrance is already provided. · Some inexpensive general lighting is already provided. · No outlets are provided. B. The Addendum to Buyers' purchase offer shall be deleted in its entirety and the following substituted in-lieu-thereof: 1. The Buyer shall have 30 calendar days from mutual execution of this Agreement to perform a construction feasibility study of the Property. If, for any reason, the Buyer disapproves this Feasibility Study, this sale shall be null and void and of no further force or effect and the earnest money shall be returned to the Buyer. 10, 2001. 3. Parking: Included in the purchase price shall ~ ar permit without fees for parking in Tower P1 Parking. Said permit is transferable to a subsequent owner of the real estate but may not be transferred independently of the real estute. 4. The Seller shall credit the Buyer $1,037.50 for painting and $2,849.00 for ceiling at closing. 5. Seller to replace improperly etched windows prior to closing. 6. Buyer may have reasoanble access to the property prior to closing for planning and interior construction provided the Buyer obtains liability insurance acceptable to Seller and names the City of Iowa City and McComas-Lacina Construction as insureds. If the transaction does not close, the Buyer shall have no claim on any improvements made to the Property. 000439 Addendure to Sellers' Counteroffer Page 3 7. This sale is subject to the buyer obtaining financing suitable to the Buyer within 30 days of this Agreement. If the Buyer is unable to obtain said financing within the 30 day period, this sale shall be null and void and of no further force or effect and the earnest money shall be returned to Buyer. 8. This Agreement is subject to the Buyer's attorney reviewing and approving all purchase documents, Condominium documents, Covenants, Conditions and Restrictions within 7 calendar days of mutual execution hereof. 000480 EXHIBIT "A" Prepared by: Craig N. Willis, P.O. Box 143, Iowa City, IA, 52244 (319) 337-9621 DECLARATION OF CONDOMINIUM TOWER PLACE AND PARKING PREFACE: The Dcclarant, the City of Iowa City, has deemed it in the public interest to construct a public parking facility at the comer of Iowa Avenue and Linn Street in Iowa City, Iowa, which public parking structure is 1o include a private parking area appurtenant to an assisted 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 fi-om 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, Cede of Iowa (1999) named Tower Place and Ping, to be subject to the covenants, conditions, uses, l'tmitadons 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 6l, 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 comer of the building along Iowa Avenue, and along Gilbert Street. The configuration of the building and the composite building materials are all shown &record on the building plans attached hereto as Exhibit A. 000431 ARTICLE II UNITS The units of the ~ondominium regime, being those areas susceptible of separate ownership as described by the Horizontal Properly 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. l. Definition of Space. Unit 1A is located at the southwest comer of the street level o f the structure, consists of 5,599 square feet and includes the mezzanine, as shown on as Exhibit "B". 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 defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. Unit 1A excludes the stairway located at the southeast comer, 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 IA and 2A as defined herein. 2. Easements Appurtenant to Unit IA. 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 Exhibit B 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 IA, and therefore devolving to succeeding owners of Unit IA without special reference to such rights appearing in the conveyance docttments 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 comer of Unit 1A, bounded on the bottom by bottom elevation of Unit 1A, 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 end 2A, as they may determine. ooo4a2 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 1B. 1. Definition of Space. Unit l B is located on the street level of the structure, immediately noah of the Exit Court, and consists of 1,391 square feet, as shown on Exhibit "B". 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, except as to the portion beneath the mezzanine, as to which the top elevation shall be 690.67, and on the sides by the defining vertical surfaces shown on the plans and more particula~y described in Section LI of this Article. 2. Easements Appurtenant to Unit IB. The owner of Unit 1B shall have the right of access over and across that portion of Unit 3 labeled on 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. The owner of Unit IB shall have an easement over Unit IH for the cormtraction, operation and maintenance of such utility lines leading from Unit IB to the shared mechanical room as are reasonably necessary to any permitted use of Unit IB. 3. Limited Common Elements Appurtenant to Unit 1B. Appurtenant to Unit 1B, and therefore devolving to ancceeding owners of Unit IB 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 330 square foot Mechanical Room located on the mezzanine level adjacent to Unit 1H, bounded on the bottom by elevation 691.34, on the top by elevation 702.00 and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section LI of this Article. Maintenance responsibilities shall be proportioned between the owners of Units IB and 1G as those owners may from time to time agree. The City shall have no maintenance respousibility for this mechanical room. The door on the mezzanine level from the parking facility to the mechanical room shall be owned and maintained by the owners of Units IB and 1G. 000433 4. Easements to which Ownership is Subject. Unit IB shall be subject to an easement in favor of Unit 1G for the construction, operation and maintenance of such utility lines leading from the shared mechanical room to Unit 1G as are reasonably necessary to any permitted use of Units 1G. C. Unit IC. 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 4,295 square feet being defined on the bottom by finish floor elevation of 670.00 (with the exception of the stairwell at the southeast comer of the unit, having floor elevation of 666.67), on the top by ceiling elevation varying between 678.33 and 683,45 feet, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. 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 Exhibit B to be the entrance court flora Gilbert Street. 3. Easements to which Unit Ownership is Subject. None. 4. Limited Common Elements Appurtenant to UnR 1C. Appurtenant to Unit IC and therefore devolving succeeding owners of Unit 1C without special reference to such rights appearing in the conveyance documents are the following ownership rights which arc limited common elements of the condominium regime. a. An undivided one-haffinterest in the 88 square foot exitway located at the southeast comer of Unit 1C and at the southwest comer of Unit 1 D, which exitway connects the respective units to the entrance court leading to Gilbert Street. The exitway is bonnded on the bottora by elevation 666.67, on the top by finished ceiling elevation of Units 1C and 1D, and on the sides by defining vertical surfaces shown on the plans and as more particularly described in Section LI of this Article. Maintenance of the exitway shall be apportioned among the owners of Unit IC and 1D as they shall from time to time determine. The City shall have no maintenance responsibility for the exitway. The door leading flora the entrance court te the exitway shall be owned and maintained by the owners of Uhits IC and 1D. 000434 D. Unit 1D. 1. Definition of Space. Unit ID is located at street level of Gilbert Street at the northeast comer of the building. Unit ID has gross area of 3, 161 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 defining vertical surfaces shown on the plans and as more particularly described in Section LI of this Article. 2 Easements Appurtenant to Unit 1D. The owner of Unit ID shall have an casement for access to said unit over and across that portion of Unit 3 that is shown on Exhibit B to be the entrance court from Gilbert Street. 3. Easement to which the Unit Ownership is Subject. None. 4. Limited Common Elements Appurtenant to Unit ID. Appurtenant to Unit ID and therefore devolving to succeeding owners of Unit 1D 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 88 square foot exitway located at the southeast comer of Unit 1C and at the southwest comer of Unit ID, which exitway connects the respective units to the entrance court leading to Gilbert Street. The exitway is bounded on the bottom by elevation 666.67, on the top by finished ceil'me elevation of Units 1C and 1D, and on the sides by defining vertical surfaces shown on the plans and as more particularly described in Section LI of this Article. Maintenance of the exitway shall be apportioned among thE owners of Unit 1C and 1D as they shall from time to time detennine. The City shall have no maintenance responsibility for the exitway. The door leading from the entrance court to the exitway shall be owned and maintained by the owners of Units IC and 1D. 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 south of the enhance court providing access to Gilbert Street. Unit IE has gross'area of 1,173 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 defining vertical surfaces shown on the plans and as more particularly described in Section LI of this Article. 5 000435 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 offof Gilbert Street. 3. Easements to Which Unit Ownership is Subject. None. F. Unit IF. I 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 1E 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 wails forming the stairwelD and the elevator shaft and entrance lobbies for the elevator, both located at the southwesterly comer of the unit. The unit includes the parking gate equipment located therein. 2. Easements Appurtenant to Unit IF. Appurtenant to Unit 1F is an exclusive easement, existing for so long as Unit 1F is appurtenant to an assisted bossing 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 t, 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 eastem-most area labeled "landscaping," immediately to the north of the unit. Such access will be exercised through the doorway from Unit IF 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 IF. 6 000436 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 IF 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 IF 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 paxagraph. G Unit 1G. 1. Definition of Space. Unit 1G is located at the northwesterly comer of the street level of the structure and consisting of 2,336 square feet. The unit is bounded on the bottom by finished floor elevation of 680.00, on the top by finished ceiling elevation of 702.00, except as to the portion beneath the mezzanine as to which the top elevation shall be 690.67, and on the sides by the defining vertical surfaces shown on Exhibit B and as more particularly described in Section L1 of this Article. 2. Easements Appurtenant to Unit 1G. The owner of Unit 1G shall have an easement for the construction, operation and maintenance of such utility lines over and across Unit 1B leading from the mechanical room shared with Unit IB as are reasonably necessary to any permitted use of Unit 1G. The owner of Unit 1G shall further have an easement for the constraction, operation and maintenance of such utility lines over and across Unit 1H as are reasonably necessary to any permitted use of Unit IG. 3. Limited Common Elements Appurtenant to Unit 1G. Appurtenant to Unit 1G and therefore devolving to succeeding owners of Unit 1G 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-third interest in the stairway at the northeast comer of Unit 1G, bounded on the bottom by the bottom elevation of Unit IG, on the top by the top elevation ofUnlt 2B and on the sides by the inside surfaces of the concrete walls defining the stainveil. Maintenance responsibilities for the stairway shall be apportioned between the owners of Unit IG, 1H and 2B as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for the stairway. The door from the 7 000437 stairway to the exterior on the ground level and the door from the stairway to the parking structure on the second level shall be portions of Unit 3, but shall be maintained by the owners of Units 1G, IH and 2B as they may determine. b. An undivided one-half interest in the 330 square foot mechanical room located on the mezzanine level adjacent to Unit 1 H, bounded on the bottom by elevation 691.34, on the top by elevation 702.00, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. Maintenance responsibilities shall be apportioned between the owners of Units 1B and 1G as those owners may from time to time agree. The City shall have no maintenance responsibility for this mechanical room. The door on the mezzanine level from the parking facility to the mechanical room shall be owned and maintained by the owners of Unit 1B and 1G. H. Unit 1H. 1. Definition of Space. Unit 1H is located on the northerly portion of the mezzanine and consists of 1,691 square feet. Unit IH is bounded on the bottom by elevation 691.34, on the top by elevation 702.00, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section L1 of this Article. 2. Easements Appurtenant to Unit 1It. The owner of Unit 1H shall have the fight of access over and across that portion'of Unit 3 shown as the public stairway and elevator area connecting to the ground floor and the rest of the parking structure. 3. Limited Common Elements Appurtenant to Unit 1H. Appttrtenant to Unit 1H and therefore devolving to sucoee, ding owners of Unit 1H 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-third interest in the stairway at the northeast comer of Unit IH, bounded on the bottom by the bottom elevation of Unit 1G, on the top by the top elevation of Unit 2B and on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities for the stairway shall be apportioned between the owners of Unit 1G, IH and 2B as those owners may from time to time determine by written or unwritten, recorded or unrecorded agreement. The City shall have no maintenance responsibility for the stairway. The door from the stairway to the exterior on the ground level and the door from the stairway 8 000438 to the parking structure on the second level shall be portions of Unit 3, but shall be maintained by the owners of Units IG, 1H and 2B as they may determine. 4. Easements to which Unit 1H is subject. Unit 1H shall be subject to an easement in favor o f Units 1B and 1G for the construction, operation and maintenance o f such utility lines leading from Units IB and 1G to the shared mechanical room as are reasonably necessary to any permitted use of Units 1B and 1G. I. Unit 2A. Definition of Space. Unit 2A is the southerly portion of the second level of the structure excluding the area labeled on Exhibit B as "Open to Below" excluding the stairway and elevator and associated lobby northerly and easterly of the unit. Unit 2A consists of 3,890 square feet. Unit 2A is bounded by floor elevation 702.67, ceiling elevation varying from 712.50 to 713.40, and on the sides by the defining vertical surfaces shown on the plans and as more particularly described in Section LI of this Article. 2. Easements Appurtenant to Unit 2A. The owner of Unit 2A shall have the right of access over and across the stairway, elevator and associated lobby located to the northeast of the unit. 3. Limited Common Elements Appurtenant to Unit 2A. Appurtenunt 19 Unit 2A, and therefore devolving to succeeding owners of Unit 2A without special reference to such rights appearing in the conveyance documents are the following ownership rights which are limited common el~nnents of the condominium regime. a. An undivided one-half interest in the stairway at the southeast cemer of Unit 2A, bounded on the bottom by bottom elevation of Urtit 1A, 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 flora time to tirae 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 IA and 2A, as they may deternaine. 9 000439 J. Unit 2B. 1. Definition of Space. Unit 2B is located on the northerly portion of the second level of the structure and excludes the area labeled as "Open to Below" on Exhibit B and excludes the elevator, stairway and associated lobbies adjacent to the southeast of the unit. Unit 2A consists'of3,924 square feet as bounded on the bottom by elevation 702.67, on the top by elevation varying from 712.50 to 713.40, and on the side by the defining vertical surfaces shown on the pluns and as more particularly described in Section L1 of this Article. 2. Easement Appurtenant to Unit 2B. The owner of Unit 2B shall be entitled to an easement for ingress and egress purposes over and across the stairway, elevator and associated lobbies located immediately to the southeast of the unit. 3. Limited Common Elements Appnrtenant to Unit 2B. Appurtenant to Unit 2B and therefore devolving to succeeding owners of Unit 2B without specific 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-third interest in the stairway loc~ated at the northeasterly comer of Unit 2B bounded on the bottom by the bottom elevation of Uhit 1G, on the top by the top elevation of Unit 2B and on the sides by the inside surfaces of the concrete walls defining the stairwell. Maintenance responsibilities for the stairway shall be apportionoct between the owners of Unit 1G, 1H and 2B as those owners my ~'om time to time determine by writtco or unwritten, recorded or unrecordex:l agreement The City shall have no mahitenanco responsibility for the stairway. The door from the stairway to the exterior on the ground level and the door from the stairway to the parking structure on the second level shall be portions of Unit 3, but shall be maintained by the owners of Units IG, IH and 2B as they may determine. K. 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 poured concrete or concrete block walls separating Unit 3 from other units or from the outside, including all windows and doors in these walls. Udit 3 does not include interior walls which are not either poured concrete or concrete block. 10 000440 2. Easements Appurtenant to Unit 3- The City reserves fight of access over and across Unit IF for access to the easterly-most space labeled "Landscaping", as shown by Exhibit B 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 units 1A, 1B, 1G, IH, 2A and 2B over and across the exit court adjacent to Lirm Street and the elevator and stairway core immediately adjacent to the exit court providing access to these units and to the public parking area. Unit 3 is further subject to easements for ingress and egress in favor of Units l-C, I-D and i-E over and across the entrance court having access to Gilbert Street and is subject to the access easement in favor of Unit 1F as described in Article II, F2, above. L. Provisions Applicable to all Units (Except Unit 3) 1. Defining Vertical Surfaces of All Units (Except Unit 3). The term "defining vertical surfaces" used in the definition of the individual units shall mean, in the case of poured concrete walls or concrete block walls, the surface of the wall closest to the unit being defined. In the ease of interior walls that separate units from each other, which walls are composed of central sound barrier and utility area with steel stud walls on each side of the barrier, the term "defming vertical surfaces" shall mean a vertical plane bisecting the cen~al sound barrier and utility area. It is the intention of this definition that the City, as owner of Unit 3, shall own all concrete or coneiete block structural elements of the regime and that the individual owners shall own the steel studs within their respective units and all attachments thereto. 2. Variations in Floor and Ceiling Elevation Due to Construction Irregularities. If the inside surface of any floor or ceifing 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 eonstcueted. 3. Projection of Structural Elements Below Top Elevation of a Unit. There shall be excepted from each unit (except Udit 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. 11 000441 4. Subdivisionof Units. Units IA, IC, ID, iF, 2A and 2B 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 I-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: flUnit IA is to be divided into two subunits, the filed documents should designate the subunits as Unit IA-I and Unit 1A-2. c. An allocation 0feasements to which the original unit is subject and which are appurtenant to the original unit umong 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 properly subunit. e. Special Restrictions on the Subdivision of Unit IF. 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 short4erm parking. 12 000442 6. Cross-Easements. Each unit is entitled to an easement through 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, or as may reasonably be required by the use of any owner. 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 arc interchangeable and refer to the City of iowa City, Iowa. M. Skywalk. At the time of the execution of the Declaration, it is contemplated that City intends to construct a skywalk connecting the parking facility that is part of Unit 3 of this regime to the building to the south across the public alley which building is owned by the City and currently operated as the Senior Center. No consent by any unit owner in this regime shall be required for the construction of the skywalk. The unit owners acknowledge that the City may make any provisions for the time and manner of tree of the skywalk without the requirement of consent of the unit owner8 of this regime. The unit owners and their invitees shall have no greater fight to tree the skywalk than members of the general public. ARTICLE 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". The heating unit-and cooling unit~Jocated within the Mechanical Room and associated ductworE' from the heating and cooling unit to the bonndaries of the respective units. 4. The electrical service to the electrical service box from the street. 13 000443 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: Units % of Expense IA 17.3% 1B 4.8% IC 13.3% 1D 9.8% 1 E 3.7% IF 0% IG 7.8% IH 5.3% 2A 12.1% 2B 12.1% 3 13.8% 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 KA3, 11113, IIC4, 1112)4, IIG4, 11113, IB and IH3. 14 000444 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 ov, mers 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 o f 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 yendee shall be the member. In the event of multiple fee titleholders or multiple contract vendees of a unit, the membership fights 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. The City shall be represented by the City Manager or designee. 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 ownillg at least 50% of the voting power as described in this paragraph, the following voting rights shall be recognized: 1. For all issues concoming the common elements, except amendment of the declaration or term~ti0h'~'~'r~gfine: ' Units % of Total Vote 1A 17.3% IB 4.8% IC 13.3% ID 9.8% 1E 3.7% 1F 0% 1G 7.8% 1H 5.3% 2A 12.1% 2B 12.1% 3 13.8% 15 000445 2. For amendment ofthe declaration or ten'nination ofthe regime: Unit % of Total Vote IA 2.4% 1B 0.7% IC 1.8% 1D 1.4% 1E 0.5% I F 6.6% IG 1.1% 1H 0.7% 2A 1.7g/o 2B 1.7% 3 81.4% This allocation represents the percentage ownership interest of the respective units in the common elements. D. Record keeping. 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 I~ 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 DecInfant 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 lowa (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 f~shion as provided herein for the amendment to any other of the provisions of the Declaration. 16 000446 ARTICLE V MAINTENANCE RESPONSIBILITIES A. By City of Areas Subject to Access Easements. The City shall maintain the areas shown on the aUached plans as the exit court and public stairways (not including the stairway that is a limited common element apputtenant to Units 1G, IH and 2B or the stairway that is a limited common element to Units 1A and 2A) and the public elevators and associated access ways, and the elevator located within the confines of Unit IF 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 ma'mtenance, after writren 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 Honsing 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 IF, see Article 121174. E. By Owners of Units 1A, 1B, 2A, 2B, 1C, ID, 1E, IG and 1H. 1. Each unit owner of Units 1A, IB, 2A, 2B, 1C, 1D, 1E, 1G and 1H shall perform all maintenance on all of the areas and equipment located within its respective unit. Each of the anit owners shall perform no alterations affecting the structure without the written permission of the City. No work on the exterior of the structure shall be permitted without the written permission of the City. 17 000447 2. The owners ofthe units IA, IB, 2A, 2B, 1C, 1D, tE, 1Gand lH 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 1A, 1B, 1C, 1D, 1E and IG 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 1A, 1B, 2A, 2B, 1C, ID, IE, 1G and 1H shall have the obligation to maintain the doorways and windows to their units, thcluding 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 VC. 5. The owners of Units 1A, 1B, 2A, 2B, 1C, 1D, 1E, 1G and 1H may perform, but shall not be required to perform, at their own expense, maintenance, such as cleaning, on the potions of Unit 3 such as hallways, exit courts, as maybe 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. 18 000448 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 othcr 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 the 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 s~me 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 reconslruction 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. 19 000449 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 Use restriction. 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 1B, 1C, 1D, IE, IG, 1H, 2A and 2B may be made available under the parking policies from time to time adopted by the City. D. Leasing. The owners of Units 1A, 1B, IC, 1D, 1E, IF, 1 G, 1H, 2A and 2B 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 lessee 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. 2O 000450 ARTICLE VIII 'FERMINATION 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 fights 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. 21 00045I Signed this_ Iq dayof -t_~ece~--.[~ev .... 2000. STATE OF IOWA ) ) ss: COUNTY OF JOHNSON ) Onthis/q _dayof ./")ec,~,-~t~e~- ,2000, before me, ._~,n~}~-,~'~,-+- , a Notary Public in and for the State of Iowa, personally appeared ~,-,~.tw//~/. /~a L r'r~-~Z and k]~ K ~'v' , to me personally known, and, who, being by me duly swom, did say that they are the Mayor and City Cl~rk, r~pectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing insgent 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, pursuant to Resolution No. oo -q~7 , passed by the City Council on the /q day of 23ete.~/~tt ,2000, and that T=-~r~e~t hZ. L-e/-,,-~e~,~ and t~a,'i ~,q R'. ~.,..ne acknowledged the execution of the insgent 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 said State of Iowa 22 000452 EXHIBITS A. CONIPLETE BUILDING PLANS B. SCHEMATIC DIAGRAM OF UNqT I,OCATIONS 23 000453 000455'- ...... ADDENDUM This Addendure is to that certain Residential Real Estate Purchase Agreement dated November 3, 2000 for the purchase of 2 South Lirm Street, Suite 1G, Iowa City, Iowa between the City of Iowa City (Seller) and Donna and Vic Zender (Buyer). The parties agree to the following terms, conditions and additions to the Puxchase Agreement. 1. The Buyer shall have 30 calendar days from mutual execution of this Agreement to perfbrm a construction feasibility study of the Property. If, for any reason, the Buyer disapproves this Feasibility Study, this sale shall be nulI and void and of no further force or effect and the earnest money shall be returned to the Buyer. 2. This Sale is subject to the approval of the Iowa City Council within 60 days of this Agreement. 3. The Seller will include 4 parking space permits with this sale. The details and location shall be agreed to within 30 days of this Agreement. 4. The Seller shall credit the Buyer $1,037.50 t~>r painting, $672.00 Ii3r electrical and $2,849.00 tbr ceiling tile at closing. The Seller will deliver the property to the Purchaser in compliance with all applicable building codes and regulations, and will provide a 5 year structural and 1 year general builder's warranty. 5. Seller to replace improperly etched windows prior to closing. 6. Buyer may have reasonable access to the property prior to closing for planning and interior construction providing the Buyer obtairm the appropriate liability insurance and names the City of Iowa City as eo-insare& If the Buyer fails to close, the Buyer shall have no claim on any improvements made to the Pmper~. 7. This sale is subject to the buyer obtaining financing suitable to the Buyer within 30 days of this Agreement. If the Buyer is unable to obtain said financing within the 30 day period, this sale shall be null and void and of no further force or effect and the earnest money shall be returned to the Buyer. 8. Buyer and Seller acknowledge and agree to the contents of the attached document labeled Purchaser' s Responsibility. 9. This Agreement is subject to the Buyer's attorney reviewing and approving all purchase documants, Condominium documents. Covenants, Conditions and Restrictions within 7 calendar days of mutual execution hereof. Signed and Accepted: SELLER: Date BUYER: //-3- Date 000456 COUNTER OFFER Addless Ill plopbdy 2_ South Linn Street. Unit 1G. Iowa City, IA 5.00 o*dac~ P.M. on the 13th. day of Noveml~er, 20e0 In the event ~he counler-~ffer is f~ol Ihus accepted. the munlepoffer shal be null and ~oid and any payments made heroin shall be DATED THIS d~ day of _~_E, -lJ~ SE L S S.# SELLER SS# 000457 LEPIC-KROEGER REALTORS 2346 Mormon Trek Blvd. · iowa City, IA 52246 · (3 19) 35 L -881 t Purchaser's Responsibility: · Each t~nant will be required to gaLn their own building permit for all work completed wi~ ~ commatrial space. No work w~J b~ allow~ to co~-~eace until a permit is obtainecL · Dome~ti~ water will be stubbed into th~ mechani;al room of each ccmme~| spac~ %e ~e_nant ~.]1 be r~ponsible for providing branch wa~ey supply Lines from this point to each plumbing fLxtu~ as required. · Sanitary. sewer and sewer vent Rne~ w~l be stubbed txtt~ eacA~ corninertial space in one l~catlon ~ach. The t~mnt is responsible for prodding piping each pluanbing fixture. The ~enant is also responsible for providing vent piping as required and tying R into the building vent _system. · General sprinkle hea~ axe provide~ in each space glv~n aR opRn The tonant will be ~spoas[ble for chtnging the sprinkler rayout to star the~ needs and gaining approv'~l from fi'~ Etre Marshal for th~se changes. · Some t~axtch supply ductwork is provided to each commercial since. Titis ~uctwork is designed for dlstr~tatng the air witith the space ff R is fully opera The unt will be requi to design and provide all branch ductwork added to h'~at given in the ra~np Contract. The tenant wRl be tequh~ ~ design and provide all work requt~ ~0 add ~_adilional zone within their conunerchl space and have this work compah~!e wt~ the Trane control syslem so ~e energy eansumptjon within each space can be monitored wihxtin lhat space. · ruas service w~l be provided by each tenant from fis entry point on the · .An ~ ptmp_.l wt~ be provided in p~rh ~'~n~S mechavlr=l room. t~mt is ~sponslble for providing al! branch cix~'~lts within ~ · C. kcults for the ex'~rance lighting ou~ide uch commercial spac~'s entrance is already · Some ine~l~msive general righting ts already provid~t, · No outlets are provld~:L Prepared by: Joe Fowler, Parking & Transit, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5156 RESOLUTION NO. 0].-7 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON~ TRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE SENIOR CENTER PEDESTRIAN BRIDGE PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract and estimate of cost for the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA THAT: 1. The plans, specifications, form of contract and estimate of cost for the above-named project are hereby approved. 2. The amount of bid security to accompany each bid for the construction of the above- named project shall be in the amount of 10% (ten percent) of bid payable to Treasurer, City of Iowa City, Iowa. 3. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city. 4. Bids for the above-named project are to be received by the City of Iowa City, Iowa, at the t Office of the City Clerk, at the Civic Center, until 2:00 p.m. on the 31s day of January, 2001, or at a later date and/or time as determined by the Director of Public Works or designee, with notice of said later date and/or time to be published as required by law. Thereafter the bids will be opened by the City Engineer or designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting, to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:00 pro. th on the 6 day of February, 2001, or if said meeting is cancelled, at the next meeting of the City Council thereafter as posted by the City Clerk. Passed and approved this 9th day of January ,20. 01 ove Resolution No. 01-7 Page 2 It was moved by Champ'i on and seconded by 0'Donne] ] the Resolution be adopted, and upon roll call them were: AYES: NAYS: ABSENT: X Champion X Kanner ][ Lehman X O'Donnell X Pfab X Vanderhoef × Wilburn