IN THE IOWA DISTRICT COURT IN AND FOR JOHNSON COUNTY WILLIAM INGLES, SUSAN HULTMAN, ) ) No. LACV076962 ) Plaintiffs, ) PLAINTIFFS’ }) APPENDIX IN SUPPORT vs, ) OF TEMPORARY INJUNCTION ) THEODORE PACHA, ) ‘THEO RESOURCES, LLC., ) ) DEFENDANTS. D, Exhibit 1 ~ Affidavit of William Ingles. ‘TABLE OF CONTENT! Exhibit 2 ~Lease of William Ingles... seen Exhibit 3 — Affidavit of Susan Hultman.. Exhibit 4 Lease Extension Susan Hultman. | Exhibit S ~ Duggan Structural Engineering Report Addendum. ...o- strc 20 Exhibit 6~ Duggan Structural Engineering Report. Exhibit 7 Jacobs Structural Engineering Report... Exhibit 8 — Notice of Violations to 608 and 610 see Exhibit 9 - Demolition Permit Application... 47 RESPECTFULLY SUBMITTED, 18/ Rockne Cole ROCKNE 0. COLE Cole & Vondra, LLP 4AT= 0001675 209 F. Washington, Ste. 305 Towa City, 1A 52240 319)358-1900 G19)358-1902 FAX rocknecole@gmail.com AT PIN: 00001675 ATTORNEY FOR PLAINTIFFS cc: All Parties esol ei avec oe fie wa 5 seve eee Seep tect in oes Dene .4IN THE IOWA DISTRICT COURT. IN AND FOR JOHNSON COUNTY WILLIAM INGLES, SUSAN HULTMAN, No, LACV076962 Plaintiffs, AFFIDAVIT OF WILLIAM INGLES vs. ‘THEODORE PACHA, ‘THEO RESOURCES, LLC, DEFENDANTS, 1, William Ingles, upon first being duly swom, do hereby swear affirm the following facts under the penalty of perjury: 1. My name is William Ingles. 2. My date of birth is: October 21, 1951. 3. Thave owned and operated The Book Shop out of the cottage located at 608 S, Dubuque Street since 1986 4. Thave also lived at 608 8, Dubuque Street since 1986 (hereinafter “the cottage”). In addition to living at the cottage, and operating the bookstore, | also acted as the resident caretaker and property agent for Defendants’ cottages located at 608, 610, 614 S, Dubuque Street, and all other commercial and residential properties that were owned by Mr, Pacha. I have acted in those various capacities since 1986.6. Lexecuted a written commercial lease with Defendants authorizing ‘occupancy from July 31, 2004-August 31, 2005, and said lease was supported by adequate consideration, to wit: I, William Ingles, agreed to pay rent, and provide services as a property agent and residential caretaker in exchange for Defendants a structurally sound building for Plaintiffs" commercial and residential 7. My decision to originally lease the cottage was largely influenced by the historic nature of the cottage as well as the the reasonable rent to both live and work at the cottage. 8. The cottage has been inspected by the City of Towa City Housing Department every other year since 1986, and I continue to reside there through the present time 9. Prior to November 6, 2014, no person, including city housing inspectors, Mr. Pacha, or anyone else, has ever informed me that the building was structurally unsound, or that it ever needed structural repair. 10. ‘The first time I learned that someone expressed the opinion that the ‘eoltaye was sltucturally unsound was on November 20, 2014, during the Towa City Planning and Zoning Commission meeting, : 11. During that November 20 meeting, James Jacobs, a structural ‘engineer hired by Ted Pacha, claimed that the cottages were structurally unsound,‘This was the first time I had knowledge that anyone made that claim about the cottage. 12, In spite of Mr. Jacobs’ report claiming that the 608 Cottage presented a danger to the community as well as myself, Mr, Pacha waited to contaet me about the next step. 13. OnNovember 23, 2014, Mr. Pacha informed me that he had no idea that the cottage was structurally unsound until receiving the Jacobs’ engineer assessment, and that consequently, I would have to evacuate the cottage. 14, On November 24, 2014, a sheriff's deputy served me with a Notice of ‘Termination of Tenaney, and on that same date, two city officials served me with the Notice of Violation alleging that the cottage was dangerous. 15. On November 20, 2014, Alicia Trimble appeared at the planning and zoning commission on behalf of the Friends of Historic Preservation. 16. Ms. Trimble agreed to fundraise to obtain a second opinion, 1 fully agreed with her offer of assistance, 17. granted permission for any structural engineer hired by Ms. Trimble to access the cottage located at 608 8, Dubuque, 18, She hired Shanna Duggan, of Morning Star Studio, LLC, and 1 authorized access to the cottage to protect my tenancy interest 19. On November 26, 2014, Ms. Duggan issued the Report stating that theall three cottages were structurally sound, and that the 608 cottage was habitable, which was completely consistent with every prior city inspection since 1986, 20. This property is unique, 21, Trented in part due to the unique historical significance of this cottage and its long history serving as a residence. 22, ‘The cottage’s historical and its unique properties also play a significant factor in my desire to remain there as long I am able to lawfully do so. 23. Plaintiff Ingles executed a written commercial lease with Defendants authorizing occupancy from July 31, 2004-August 31, 2005, and said lease was supported by adequate consideration, to wit: Ingles agreed to pay rent exchange and provide caretaker services for the cottages and act as the property agent for Defendants in exchange for Defendants providing a structurally sound and habitable building for Plaintiff's commercial and residential use. 24, After August 31, 2005, Plaintiff Ingles continued to occupy the premises under the same terms and conditions as the lease referenced in Paragraph 23. 25, After August 31, 2005, I did not sign a new written lease because of an oral agreement that ‘Ted Pacha and I had wherein I would continue to provide property management services, and pay a reduced monthly rate of $350.00 permonth in exchange for Ted Pacha leasing the cottage to me under the same terms and conditions that were contained in the 2004-2005 lease. 25A. Ted Pacha always issued yearly written leases to each tenant. Due to the agreement that I had with Mr. Pacha, I did not consider it unusual that he did not send those written leases for my leaschold with Mr. Pacha, and consequently, I continued to operate each year under our mutual understanding that I had a year to year lease with Mr. Pacha, 26. Mr, Pacha has never informed me that we were operating under a ‘month to month lease term. 27, For the 2014-2015 lease term, Plaintiff Ingles has performed his obligations under the agreement, providing timely payments and not comn any act authorizing termination of his lease with Defendants. 28. Thave also reviewed all of documents contained in the Appendix in support of the Plaintiffs’ Motion for Temporary Injunction and those documents represent accurate copies of the originals that I maintain in my possession. 28A. Ihave also reviewed each of the Petition in Law and Equity filed on my behalf by Aduiney Rockne Cole. Bach factual contention contained therein is true and correct to the best of my knowledge and belief. 29, ‘Throughout this process, I have actively worked with Alicia Trimble, the Executive Director of the Friends of Historie Preservation.30. Tcompletely share Ms. Trimble’s concems regarding the protection and preservation of these unique and historic cottages from the Civil War era 31. Demolition of those cottages would be huge and irreversible loss to the community as well to my business, and my home. 32, Based upon my conversations with Mr. Pacha, my review of the City of fowa ‘website, and my conversation with Mike Hodge on December 20, 2014, [ understand that Mr. Pacha seeks to demolish the cottage prior to the next Iowa City Council meeting on January 6, 2015. Given that timeline, it will be impossible for me to remove all of my books contained in The Book Shop, and L strongly fear that the books could be destroyed if they should be removed without adequate precautions. 33. There are over 250,000 books contained in my business, and there is absolutely no way that I can remove those books within one week, and to find a suitable alternative location that meets the unique needs of my business. 34. Since 1859, my cottage has continuously served as a home for countless community members that built lowa City from the ground up, ranging from stone masons, carpenters, seamstresses, upholsterers, and book sellers. I seek to preserve this cottage to venerate their contribution to our community, and preserve this cottage for countless generations to come, 35. I therefore respectfully ask this Court to stay the demolition of the 6cottage through the end of my lease term, and to make good faith efforts to determine whether the cottages can be repaired. 36. First, Ido not agree with Mr. James Jacobs VJ Engineering Report stating that the cottage is structurally unsound, and I fully concur with the findings from the Morning Star engineering assessment by Shanna Duggan, 37. Thave ed at the 608 Cottage nearly 30 years, and my 30 years of observation corroborate and confirm the findings of the Morning Star Engineering Report. 38. But, nevertheless, my position is that if the VJ Engineering Report has any merit, the problems identified therein should be addressed through repait rather than demolition 39. Since that November 20, 2014, Mr. Pacha has consistently refused to cooperate with me, or my counsel about whether the cottages can be repaired rather than being demolished. 40. As of today’s date, two separate commissions, the Iowa City Planning and Zoning Commission as well as the Iowa City Historic Preservation Commission, have unanimously found that these cottages historie and therefore worth of preservation, 41. But instead of slowing down this process and working with me to determine whether my home and business could be saved, those findings onlyaccelerated Mr. Pacha’s desire to demolish the cottage and to see me forcibly removed from my home, 42, His agent, Mike Hodge, visited with me on December 20, 2014, and informed me in no uncertain terms that ifI did not settle with them, law enforcement would be forcibly evicting me shortly after January 1, 2015. 43, Mr. Pacha has made no effort whatsoever to work with me to determine whether the building can be repaired, and in fact, to the best of my knowledge, actually interfered with my effort to obtain a second opinion from an alternative engineering firm, Morning Star 44, L authorized Shanna Duggan to inspect my 608 cottage. 45, After she prepared the Report finding the cottages to be structurally sound, Mr. Pacha’s lawyer called Ms. Duggan and implied to her that she would be subject to Legal action for being on the premises without Mr. Pacha’s permission. 46. This implied threat of legal action significantly delayed the issuance of the report, and nearly led to her deciding not to issue the report because of that threat of legal action against her. 47. The cottages? unique historical character was a significant factor supporting my initial decision to rent the cottage in the first place, and remains an essential factor in my desire to see cottage repaired rather than demolished,48, It will be impossible to replace this unique historic cottage, and 1 thereafter ask this Court to grant my request to stay demolition pending the completion of my lease term, and to order Mr. Pacha to make reasonable efforts to repair rather than demolish the cottage. 49, Inaddit tion to Mr. Pacha, I have also had numerous difficulties with the City of Iowa City inspection department. 50. The City, through its attomey Bleanor Dilkes, has repeatedly stated that they ate taking the “conservative approach” relating to the assessment of the structural soundness of the 608 cottage; however, they apparently taken no efforts, or even tried to reconcile the two reports filed by Mr. Jacobs and Ms, Duggan, 51, However, Ms. Dilkes has also indicated that city employees do not have the engineering expertise to decide which report to believe. Therefore, taking, the “conservative” they are adopting Jacobs’ report even though they have ‘admitted that they do not possess the expertise to determine whether Mr. Jacobs’ more reliable than Ms. Duggan’s Report, 52, The City’s approach does not appear to be “conservative” to me, but reokless. It has now secks demolition of three historic cottages that have stood for 155 based upon an engineering report that they themselves admit that cannot assess due to their not having a structural engineer on staff.53. An injunetion will allow both sides, including Mr. Pacha and the City, additional time to evaluate whether these unique historic structures can be saved through repair 54, [therefore respectfully ask this Court to grant the injunetion staying, demolition pending the conclusion of legal proceedings in this matter. | swear and affirm that each fact stated herein is true and correct to the best of my knowledge and belief, FURTHER THE AFFIANT SAYETH NOUGHT IW (ham fe des bs 10EXHIBIT a 60h 8. Dubuque St. Towa City, lowa The_Roo. hoe, Wi ing Ia sprees icave DKS. Dubuque St, lowa Clty, Towa from Ta¥ Pacha. USE OF PROPERTY: ‘he propery will be wed for_bLSinees—_ INTAL RATE: The rat sal be $ 300 per month from _Tialy_, Zo0+fo >. Rent will be payable on the 1* of each monill to Ted Pacha at Box 1403, fowa City, Jowa 52244, DAMAGE DEPOSIT: Danage deposit of | NfA~ willbe puid to Ted Pacha when Tease is signed, UTILITIBS, Tenant wil be responsible for gas and eletic, water and sewer, janitorial, snow removal, extermination, and trash removal OTHER PROVISIONS: __moWg-, afefmemtng , Wekoh. WAS. — geste Cg bey Of Bp Seite Viet “The nant ls inspected the promises and agrees to accept the premises in its present condition, All costs of remodeling willbe completed atthe expense of the tenant TENANT, IANDLORD, WANlie RB gle Ted fochee T-21-Zoo4. daleIN THE IOWA DISTRICT COURT, IN AND FOR JOHNSON COUNTY WILLIAM INGLES, SUSAN HULTMAN, No. LACV076962 Plaintiffs, AFFIDAVIT OF SUSAN HULTMAN vs, ‘THEODORE PACHA, THEO RESOURCES, LLC., DEFENDANTS. 1, Susan Hultman, upon first being duly sworn, do hereby swear affirm the following facts under the penalty of perjury: 1. My name is Susan J. Hultman, Ms 12,4 3. Since approximately May of 2011, I have operated a business called, ‘Suzy's Antiques and Gifts, which L have operated at the cottage located at 610 S. Dubuque Street (hereinafter 610 cottage) 4. Leurrently maintain a valid written commercial lease with Defendants with a lease term from August 1, 2014-August 1, 2015, and lease is supported by valid consideration on both sides: 1 agreed to pay rent in exchange for Defendants providing a structurally sound building for my commercial use. SA. The lease authorized my possession in exchange for timely payment cof rent of $600.00 per month, and * pr5B, ‘The lease incorporated by reference terms and conditions from the original lease, which I believe to be written, but it might have been oral, 6, entered into the original lease on, or about May of 2011. 7. Following the conclusion of the original lease term, I executed written ‘was standard operating renewals of the lease on a year to year basis, whi procedure for my rental of the cottage located at 610 S. Dubuque. 8. Thave fulfilled my obligations under the lease, providing timely payments under the lease, and committing no acts warranting Defendants’ termination of the lease, 6. Further, to the extent Defendants claim breach of the lease, Defendants have provided no written, or oral opportunity to cure to me. 10, Consequently, Ms. Hultman, per the terms of the lease, has full rights to remain in possession of the cottage premises through July 31, 2015. 11. The first time I learned that someone had the opinion that the cottage ‘was structurally unsound was on, or about November 20, 2014, during the Iowa, City Planning and Zoning meeting, in which Mike Hodge sought to rezone the block on which the 610 cottage was located 12. During that November 20 meeting, James Jacobs, a structural engineer hired by Mike Hodge, claimed that the buildings were structurally unsound. 2 Ro13, Thad leamed a day or two earlier, to the best of my recollection, that ‘Mr. Jacobs, and Mr. Hodge, would be cl iming that the 610 cottage was structurally unsound, 14, On November 20, 2014, Alicia Trimble appeared at the planning and zoning commission on behalf of the Friends of Historie Preservation. 15, Ms. Trimble agreed to fundraise to obtain a second opinion. I fully agreed with assessment. 16, granted permission for the structural engineer hired by Ms, Trimble, Shanna Duggan, to access the cottage located at 610 S. Dubugue. 17, She hired Shanna Duggan, of Morning Star Studio, LLC, and 1 authorized access to the cottage to protect my tenaney interest. 18. On December 2, 2014, Ms. Duggan issued a report (the “Duggan Report") stating that the all three cottages, including 610, were structurally sound, ‘and that any structural issues with the cottages could be fixed through repair 19, ‘The Duggan Report confirmed my view that the cottage was structurally sound and that it did not pose a danger to myself, or others. 20, —_Thave since retained counsel, aul have instructed him that I wanted hhim to inform Mfr, Pacha that he should address the Notice of Violation through repair, or possibly even through rescinding the notice due to the December 2, 2014 Duggan Report, which clearly stated thatthe cottage was sound. > rw21, Nevertheless, in spite of my demand that he cure the Notice of Violation through Repair, Mr. Pacha has shown no interest in addressing the Notice of Violation through any method other the demolition. 22. Inaddition to my commercial interests, the historic nature of the cottage constitutes a significant factor in my desire to stay in the cottage as long ae am legally entitled to stay there, 23, Tun an antique and gift business, and this cottage provides a nearly perfect fit for my business. 24, ‘The cottage is unique and extremely difficult to find an suitable alternative that matches the historic character and the cost that I currently rent the cottage for. 25, Tam also going through some significant family issues. My mother | has had significant health condition that requires me to be out of town during the week, and has made it difficult to keep my business open during the week. 26. Lalso work at the Hospital during the weekends from 7:00pm-7:00am. 27. My caretaking role and my job will make it nearly impossible to move the vast quantity of watiques that I have on such short notice. 28. Nevertheless, Mr. Pacha has never indicated to me that it was @ problem that my business was closed so I could attend to my mother’s out of town, 4 gs | health issues.29, Talso have a large amount of my antiques stored at that location and I am extremely concemed that those antiques could be damaged i Mr. Pacha hauls them out without my consent, or if am forced to have to rush them out prior to the demolition date. 30. intend to occupy the cottage through the remainder of the lease term, 31. [have committed no act warranting termination of the lease. 32. I simply want Mr. Pacha to uphold his end of the bargain, ie providing, the cottage through the end of the lease term. 33. To the extent that there is any problem with the foundation, I have demanded that Mr. Pacha cure those issues through repair rather than demolition, 34. He has refused to work with me to address how we can repair the ‘cottages rather than me vacating the premises. 35. Based upon the above facts, I request that the Court order stay the demolition of the cottage, and that the Court order Mr. Pacha to make efforts to address the notice of violation through repair rather than demolition, 36. Ihave also reviewed each paragraph from the Petition filed by Mr. Cole, and the factual allegations contained therein are true to the best of my knowledge and belief. 37. Thave also reviewed all of documents contained in the appendix in ‘support of the Motion for Preliminary Injunction and those documents represent Peaccurate copies of the originals that I maintain in my possession, which includes the lease extension agreement running from August 1, 2014-August 1, 2015. 38, Throughout this process, Ihave actively worked with Alicia Trimble, the Executive Director of the Friends of Historie Preserva 39. T.completely share Ms. Trimble’s concems regarding the protection and preservation of these unique and historic cottages from the Civil War era 40, Demolition of those cottages would be huge and irreversible lost to the community as well to my business. 41, Itmy express desire to preserve these cottages to pay homage to those that occupied those cottages before as well as to preserve these cottages for future generations. 42, This cottage is unique and completely irreplaceable for my business. 43, understand that there has been two structurally engineer that have been hired to assess the structural soundness of my cottage: (1) the Jacobs Report; and the (2) Duggan Report, 44, While I am not a structoral engineer, I do have extensive knowledge tabout the cottage that I have rented since 2011. From time to time, we have had some issues arise relating to the need to repair the cottages; however, nothing so significant that I was concerned for my safety, or that of my customers. 43, The conclusions of the Duggan Report are consistent with my -ey)personal observations about the structural soundness of the cottages, and my experience in being a commercial tenant at the cottage since 2011, While they may need some repairs, I believe they are safe to occupy. 46, maintain a current commercial liability insurance coverage for my cottage, 47. To protect the tenancy in the cottage, I request that this court order Defendants to make a good faith effort to repair the cottage rather than continuing through with demolition, ‘This will allow me to remain theit through the end of my lease term. FURTHER THE AFFIANT SAYETH NOUGHT pL ‘Susan J.Hultman 77 sj o, and tC before me by Susan J. Hultman on December 21, 2014 Notary Public of the State of lowa — ae | Eee 7 ptTheo Resources LEASE EXTENSION AGREEMENT: ‘The lease entered into between Theo Resources, landlord and Aligias Antiguea? (onan, may bo extended for 1 year Algit! to tg. LS! Aitterns and conditions remain unchanged, exospetor. Ont bully M@mpin the: Whine». Dates g fa Ln Return to: Theo Resourees, LLC, P.O, Box 1405, Towa City, 1A 52244-1408 PLEASE! My payments are due on the 1* of each month, Please have your trent checks to me on the 1", ‘Thank you! (PX 'STRUCTURGL REVIEW 70 Friends of Historie Preservation P.0. Box 2001 Towa city, 1A 52244 erm: ‘Allca Trimble PROFCT Mr. So, Dubuque Street Cottages ~ Structural Review ADDEN #1 Dare: December 6, 2014 eae Ms. Trimble, “This etter sin response to a memorandum from John Yapp, Development Services Coordinator forthe city of owa City Iowa, dated December 3, 2014. The memorandum feterencs the structural review completed by shanna Duggan of NOeins STAR STUDD for the properties located at 608, 10 and éva So, Dubuque stret,lowa City IA dated December 3, 2034 (refered to asthe second report) “Te meme states: “In contrast to the frst report, the focus ofthe recommendations in the Second report isto hihlghe the repre needed to mediate’ the settlement, differential expansion of materials nd matstue lesues. The Morning Side studio report states that ‘vera the building are structurally sound: however tis silent on whether or not the Buildings are habitable untl the recommended repairs are made." ‘To clarify, its our opinion that the buildings are sufficiently sound as to be occupied in their current condition, eld invest PHONE m 319365484 Fax m 519362520 ‘CEDAR RADDS w IOWA m 5240" [600 ako STREET SE m STUDIO 2c f Should any information become available that mately affects the validity ofthe orementioned information, we reserve the right to madify tis letter accordingly. sincerely Suwa )luggird Shanna M, vggan, PE mORaING Stak STUD, LLC {m STRUCTURAL ENGIFEERING “ARCHITECTURE m INTEAIOR DESIGN Thereby cry it hi engine rcament wa rep ye CN |e et a Mf owen SN cee Slane ge ESE OORRANS BE foe —_smsnt upon © as tnd tt UN eter (J.a0 Brornine seh]STRUCTURGL REVIEW EXHIBIT ete Hora City, IA sana ort: Alicia Trimble PROFCT ME: So, Dubuque Street Cottages ~ Structural Review pare: December 3, 2014 Dear Ms. Trimble, \We have completed our review ofthe structures at 608, 610 and 614 So. Dubuque Street, Towa city, A. shanna Duggan of NORIINS ST@STEMO performed the ste visit and review on November 24,2014. Alicia Trimble ofthe Friends of Historic Preservation office, ‘alin ngalls and Rich Carlson, Architectural Historians of the State Archeologist office, lind Rob Owen Mason, were aso present, We gained access othe ste with the permission ‘fthe tenants who were either on site or who provided Keys tothe property, The purpose St the review was to provide consulting engineering services regarding the structural Condition of tre buildings. Our findings and opinions are summarized below. Photos can be tound in the appendices and are examples of observed conditions. No structural ‘aeulations were performed as part ofthis report. ygexeRou: “The thvee properties were constructed cra 1858 of multi-wythe (2.0 3 ayers) brick masonry walle supported on limestone basement foundations. The fu-height basements ia [goo sno stReer sem sTu0I0 201] | PHONE wm 3193625484 GEOAR RADDS w IOWA w 5240" I FAX 3193825520, Desicn have a medium slope gable wood rafter oof ystem with asphalt shingle roofing and wood floor jolts bearing onthe exterior walls Buldings 608 and 6x4 have a mid-span beam ippar for the Moor Joist, Al three properties were curently In use by the tenants onseRv@rions: Building do Exterior “The exterior ofthe buslding isin ood colton (ste photos AAR.) We were informed by the tenant that he had re-pointed the exterior wythe of brick with a cement based iryerete” type morta. ‘The north and west elevations were completed in 201, followed by the south an east elevations In 0. The exterior wythe of brick was then painted. Some Df the brick has aso Face or has spaled (see photo Aa.) “There i evidente of old openingé which have heen in-filed with a different typeof brick {ce photo Are at front window) On the northside the damaged gutter has allowed water Shun down the face of the brick Cee photos AS-A7) The tenant indicated a wood tel wor constructed to brace" the northeast corner of building 610 tothe southeast comer of busing 608 (see photo AB.) Building 608 -Intecior ‘The interior ofthe bulking iin excellent to good condition (see photos Ag-Ax6) The attic ‘ofthe property was not accessible. We did not observe any cracking inthe drywall on the fist iso thot would indicate excessive bullding movement or settlement (se photo AIO) Qe ARCATECTURE m INTE TH STRUCTURAL ENCIVEERING Fronnins srenymoRnING STAR STUBO, LLC Stroctra view So: Dubuge stret cottages “The first floor framing has been reinforced to support the weight ofthe books and to repair holes Or notches in the framing. Generally, neve jolts have been added to both sides ofthe existing joists and bear on the exterior foundation wall and the interior beam (see photos AvAva.) This ‘tractare hes aeshell type basement onthe west and partial north and south walls which are Constructed of brick (ee photos As BAIS) Dullding 40 Exterior ‘The exterior ofthe building iin fair condtion (See photos Br-B15) The exterior wythe of brik has bien painted. The me based mortars soft and easly raked out. Some ofthe brick has spalled {Gce photo 83) There are several hatine cracks inthe mortar joints (see photos Bs, B8, Bp, 8. Sip, There evidence of old openings which have been i-filled with newer brick Gee photo B13.) {Cracks hove occurred In the mortar atthe perimeter ofthese patches. A cement based parge Coating hs been applied to te limestone foundation (se photo Bro.) Expandable foom was used fo scala gapot the chimney on the eastside of the structure (see photo Bp.) A brick had been emoved by others prior to our review and the cavity was left unprotected (ee photo Bus.) “The northeast corner has settled over the course of several years, theres evidence of multiple. {ypes of repairs including mortar and caulk (See photos B7 8109.) Acrackof approximately 8" hh resulted Inthe foundotion on the north wall (se photo 64) The brace that was installed [peor to only be tight to the structure above the level ofthe fst floor. The southwest corner aR has some sttiement damage (se photo 6:5) Cutters and downspouts are poorly maintained and damaged, Sulding 20 Interior the building sin excellent to good condition (see photos B16-824,) The wood paneling hes tihtiy ited joints. On the north wal, near the window, a gap has appeared in omer (ze photo B17) The tenant indicated that it developed afte the brace was installed “Te root framing was reviewed viaan attic access hatch. The framing i in excellent condition (see photos B18-B20) O88 sheathing has been added to the wide roof planks. Daylight could be seen {trough a few ofthe brick head joints, “The foundation walls were covered in wood paneling (see photos 82 & Baz.) A small area was ‘Vile the bthvoom and at an access door e appeared tobe in good condition (ee photos B23 beitaq) Only minor cracking was noted inthe plaster celing. ‘ulding 414 = Exterior ‘The exterior ofthe building isin good to fir condition (see photos C-C13.) The exterior ofthe brick has been painted. Old openings have been in-fled with concrete (sce photo C3 & C4.) Cracks ose batured inthe mortar atthe perimeter ofthese patches ne chimney appears Us have been PBtstructed out of plumb (see photo Ca) The mortar has been deeply weathered in some arcos ‘Gecphoto cB &¢9) Some ofthe brik has spalled and there ate hairline cracks n some ofthe Cert joines (ee photo cn) A-cement Based parg coating has been applied to the limestone foundation (see photos C2 & C15.) “The southeast corner has settled; there Is evidence of multiple types of repairs including mortar ‘nd caull (see photo C10) The southwest core is also in need of repair See photo C7.) The {Juters and dovinspouts are poorly maintained. p= rece 20r 4MORNING STR STUBO, LLC Structural Review Sa. Dubugue street cottages ‘Building 64 Interior ‘The interior ofthe building I In good condition (see photos Ci4-Ca4.) No significant cracking or ‘wood panel Separation was noted during the review. The roof framing could not be reviewed due toa drywall celing above the drop ceiling, ‘The foundation walls were in good condition, only minor racking was noted in the plaster coating ‘on the walls (see photos C17 & Cas) Interior brick had been removed from the basement wall and he construction of the mutawythe wall wae vsble (ee photae C18 8 ap) come atone ofthe brick wall were vibe (se photos C20 & C22) and a full depth concrete iil area was noted Under the star (See photo C3.) The foo framing In good condition (see photo C24.) eruysis, Coverall the buildings are structurally sound, Some deterioration of ll structures i to be expected, ‘uidings ofthis age have experienced years of narmal weathering and have items in need of fepar, Some movement and settlement has occured in the various components and material of the bulldings, most of which canbe expected. These structures also have suffered exterior damage ‘due to use of improper or compatible materials in previous repairs and poor maintenance practices, There s only mirimal visible evidence of damage on the interior ofthe structures. We {id not observe any indications of water Infiltration ofthe building envelope, Prior tothe 18805, the manufacturing process of brik invalved hand molding and ar drying. The firing method reslted in large variations inthe brick ish and hardness because of uneven heating. Some ofthe brick peas tobe qite porous, a result of low-firing. The orignal ime besed mortar has become eraded, The exterior wythe of Brick an the structures isn need of re- pointing in several locations Ina few locations, the bck wall have suffered damage due to lest the brick and the face of the brik has become spalled, ‘The use of cement based mortars, patches and hard-fred brick has damaged the surrounding Historie bricks. stresses within a wall caused by expansion, contraction, moisture migration, or Settlement must be accommodated in some manner. In a masonry wall, these stresses should be felieved by the morear ater than by the masonry units. Cement based mortars and hard: ied brick ae horde ess compressive) and less permeable than the original brick, the result is tha the Stresses are relieved through the erginal masonry. The masonry becomes cracked and spalled 25, Seon on these structures. The incompatible materials are algo the cause ofthe sight bow inthe ‘Sandow infill on the south side of Building 60. The newer brick expands and contracts at 3 Uiferent rate and has bowed outword ast tied to seek reli ofthe resulting pressures. “The settlement that has occurred atthe northeast (Bldg 610) andthe southeast (dg 614) corners aca result of lack ofa frost-protected footing along the east elevation of the buldings. Multi ‘ythe brick walls ofthis ers were typically bile upon the sol only afoot, or less, below the ground Ietel, The damage tothe wall hs Been accelerated by the use of Improper repair materials, such 95, ‘Guile which traps moisture and leads to freeze-thaw damage n the adjacent brick ane poor ste Srainage which allows water run-off to erode the supporting sol ‘Thesbrace’ which was Installed between Bldg 608 and 6:0 didnot repair the existing settlement Condition, fest generally common practice to brace structures against one another a fmpropery doing so can resutn damage to both the buildings. Fertunately, that was not the case inthis instance ‘The gutters and downspouts are generllyina state of disrepair on the structures. They are 4 Pages ofAPPENDIX B (30MORNING STAR stublo PRORCT NAME structure Review ere: November 24, 2014 {610 So, Dubuque street PHOTOS BY: S Duggan tow City, A Photo Ba ‘West Elevation Photo B2 south Elevation ~ Look east Photo B3 Photo B4 Southeast Elevation North Elevation > Pager of 6NORNING ST@R sTubBIO PROECT NAME: structure Review gre November 24, 2014 {610 So, Dubuque Street PHOTOS BY: 5 Duggan towa City, A Photo Bs Photo B6 Partial North Elevation Northeast Corner ~ Foundation crack Peper ee Photo B7 Photo BB Northeast Corner Foundation settlement | | North Elevation ~ Mortar joint crack 9. Page 20f 5NORNING Structure Review PRORET NAME: STOR sTUubIO gre November 24, 2014 PHOTOS wy: $ Duggan Photo Bo Partial East Elevation - Mortar Joint cracks ‘and deterioration, parge coating Photo B10 ‘Typical Parge Coating on Foundation Photo B11 South Elevation = Mortar joint crack| part ‘and damaged downspout Photo Bra Partial South Elevation (> Page sof 6MORNING STOR sTUDIO PROECT HUME Structure Review Dre November 24,2014 myoTos WY: § Dugg Photo B13, Photo B14 uth Elevation —Typieal crack at brick infil_|South Elevation ~ Brick removed by othes| Porta West levation= Foundation pe Photo 615 | Photo B16 634 Page 4of 6MORNING Structure Review 610 So. Dubuque street PROT NAME: ST@R sTubIO bert 'November a4 2014 mrorostr. Sus5in Photo B17 First Floor - North wall wood pane! joint separation Photo B18 [Atte Roof Framing ~ Look west Photo B19 [tic rick Wall ~ Look east Photo B20 Atic rick Wall ~ Look southeast 036 age sof 6NORNING STAR sTUuDIO PROFCT NAMES Structure Review DeTE November 24, 2014 610 So. Dubuque street PHOTOS BY: 5 Duss Towa city, 1& Photo B21 Photo B22 ‘basement ~ Southwest corner Basement — Partial north wall and ceiling Photo B23 Photo B24. Basement - Partial north wall Basement — West wall behind access door 0) %e Page Sof 6APPENDIX C 67MORNING STOR PROFIT NAME Structure Review 464.50, Dubuque street lowa City, WA stTubIO Deve: November 24, 2014 myOTOS BY: 5 Dus Photo Ci West Elevation. Photo C2 south Elevation Photo ¢3 Partial East Elevation Photo C4. Partial East Elevation 03 page rot 6NORNING STAR sTUuDIO DgTE: November 24, 2014 puOTOS w¥: S Duggan Photo Cs Photo C6 Northeast Elevation North Elevation = Look east Photo C8 phoey South Elevation - Deteriorated mortar Southwest Corner 4 Page 2 ofMNORNING STAR stubio PROJECT NAME: Structure Review eT: November 24, 2014 614 So, Dubuque street PHOTOS BY: S Duggan ya city A Photo Co Photo C10 ‘Weathered Mortar Joint Southenst Corner ~ Foundation settlement Photo C11 Photo C12 Partial North Elevation Mortar joint |_| Partial North Elevation = Parge coating on cracks, splled brick and damaged gutter foundation (v0 age sof 6NORNING PROFICT NGM Structure Review 614 50. fowa ubuque Street K STAR stubio bere: ‘November 34,2084 myorosr. 5 0us5 Photo C13 coating "North Elevation ~ Typical rack at parge Photo C14 First Floor ~ Look northeast First Floor - Look southeast Photo c16 First Floor - View above drop ceiling | Photo cis, feu Page 4of 8MORNING ST@R sTUDIO PRORCT QM structure Review bere November 24, 2014 614 So. Dubuque street PHOTOS BY: S Duggan | Photo C18 laasement - Depth to back of exterior brick wythe Photo C17, Basement ~ Partial north wall Photo C19 Photo C20. Basement ~ View inside brick cavity Basement = Partial west wallMORNING STEER PROCT NAME Structure Review 614 50. Dubuque street lowa City, 8 stublioO pre November 24, 2054 PHOTOS BY: $ Duggan Photo C21 Sasement ~ Southwest corner Photo C22. Basement ~ Partial east wall under stair Photo C23 ‘Basement ~ Partial east wal (concrete infill visible at left) Photo C24. Basement ~ Typical floor framing v3 page 6086Vf engineering 2570 holiday road, suite 10 Coralville, iowa 52241 Ph: (519) 338-4939 fax: (319) 338-9457 gineering ~ surveying snore. ‘Structural Evaluation of 608, 610, nd 614 8, Dubuque St Towa City, Iowa ‘The tree buildings evaluated for structural adequacy were vey sil in the folowing, components |. Wood famed first floor at Dubuque Stet elevation + 2, Walkout basement o Bast 3. Approximately 17" wide x28" lng inside dimensions. 4, Limestone rubble masonry below grade with 2 wythe brlck masonry above grade, 5. Wood rater famed pitched roofs wth spat shingles, All ofthe brick masonry walls ae composed of sof brick with line morte, The brick and morat tre extremely deteriorated, In most exterior locations the mortar is esentilly powder and ca be eaily ‘raked out, Many ofthe brick units ae also deteriorated and have it strength. This deterioration is the result of moisture intrusion and feezethaw ejcls, ‘The limetono rubble masonry below grade also as extremely deteriorated mortar, It also appears fiom soi probes near the east ends hat he ‘As reaul of th deteriorated masoary the walls are experiencing elfen! settlement and ‘bowing/eracking The differential setement is the real ofthe morta los and the fect thatthe est ends ofthe structures donot have ftst protected footings. The bowing and bulging ofthe walls ithe esl of Seon reer Enelsure (C:Wiliages, Tenant 608 8, oubuque Se (asNOTICE OF VIOLATION =| CITY OF IOWA CITY DONTE : November 24, 2014 ‘THEODORE HPACHA ‘THEO RESOURCES LLC PO woX 1408, OWA CITY, 82244-1405 ce m COM4.01620 Leeson Vln: 610 $ OUBUQUE ST bear Prope One: According rcords fe ax ssessr youre an ounacf he aboveterencnd pope (on 11207204, lebseredan apparenvaion ct he Cade Orcnanasot he City oft Cyon you reper Type of Viton: 61.24 Dangerous Bullegulkang in vation of te ufo cade forte ablament of dangerous bulings Correct Aton Require VACATE PREMISIS AND ABATE VIOLATION THROUGH REPAIR OR \IOLATION MUST BE ABATED ON OR BEFORE : 127044 eight eon meee re ‘eons gen ten eu fa Sonos trees lee youish a lscuse any spect his edt, plone ca eat 10-98-6122, Sincere, TTT a, Tim Heres SB specter Endosure Susan Hulman, Tenant 610 S, Cuba St Perr24 eat Sane DEMOLITION PERMIT APPLICATION City. oF lowa City sooner onio 26 Permit surge Calo 4. Sto Aas: Dy x Owe. le08_S. Dubuque St , oncant Adiress: PO Box |40C oy: lose Cety ——_ staio_ LA 2 S244 Werk Prone: 987 “110 Home Phone: owner,__t ‘Adérese: PD Box \A0¢ ow fOwa Oty sao SLA a» SD Work Phone: 881 1410 Home Phone: Contsct Person: acl Titing Ser oma Cy Fre ramen 6) fp vir Foes CPD