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RESOLUTION NO.
94-316
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:
The Que - 211 Iowa Avenue
,
It was moved by Throgmorton and seconded by Novick
as read be adopted, and upon roll call there were:
that the Resolution
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AYES: NAYS: ABSENT:
X Baker
X Horowitz ,
X Kubby
,~ X Lehman
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\ x Pigott I'"
\ X Throgmorton
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Passed and approved this 11th day of October
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RESOLUTION NO. 94-317
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA
CITY, IOWA, AND THE UNIVERSITY OF IOWA COMMUNITY CREDIT UNION
OF IOWA CITY, IOWA, FOR PROPERTY LOCATED AT 1916 WATERFRONT
DRIVE, IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a promissory note and mortgage
executed by the owners of 1916 Waterfront Drive, on May 4, 1994, and recorded in Book
1743, Pages 107.110 in the Johnson County Recorder's Office covering the following
described real estate:
Lot 16, Block 5, Braverman Center, Iowa City, Iowa, according to the plat
thereof recorded in Book 8, Page 69, Plat Records of Johnson County, Iowa.
WHEREAS, the City's lien is $20,936.65; and
WHEREAS, the University of Iowa Community Credit Union, Iowa City, Iowa, proposes to loan
the sum of $345,600 secured by a promissory note and mortgage to be executed by the
owners of 1916 Waterfront Drive, Iowa City, Iowa, covering the real estate described above;
and
WHEREAS, it is necessary that the rehabilitation loan held by the City be subordinated to the
proposed loan in the sum of $345,600 described above, in order to induce the University of
Iowa Community Credit Union to make such a loan;
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WHEREAS, the University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's lien on the above
described real estate subordinate to the lien created by the proposed mortgage to the
University of Iowa Community Credit Union; and
WHEREAS, there is sufficient value in the above described real estate to secure the City's lien
as a second lien.
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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 Clerk to attest the attached
subordination agreement between the City of Iowa City and the University of Iowa
Community Credit Union of Iowa City, Iowa.
Passed and approved this 11 th day of
October
,1994.
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MAYOR
A roved by
ATTEST:}J~;Jd).)/. ~
CIT CLERK ...
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Resolution No. 94-317
Page 2
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AYES:
NAYS:
ABSENT:
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Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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SUBORDINATION AGREEMENT
THIS AGREEMENT Is made by and between the City of Iowa City, herein the City, and
ill University of Iowa Community Credit Union of Iowa City, Iowa
herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain rehatJilitation loan which at this time is
in the amount of $ 20,936.65 and was executed by Youth Homes, . Inc. ,
(herein the Owner), dated May 4 , 19J.L, recorded
May 5 , 192!. in Book 1.2.il., Page 107 . Johnson County
Recorder's Office, covering the following-described real property:
Lot 16, Block 5, Braverman Center, Iowa
City, Iowa, according to the plat thereof
recorded in Book 8, Page 69, plat Records
of Johnson County, Iowa.
WHEREAS, the Financial Institution proposes to loan the sum of $ 345,600. 00 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
rehabilitation loan 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 rehabilitation loan 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.
3.
Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien superior to the rehabilitation loan of the City.
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SUBORDINATION AGREEMENT Page 2
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 30th day of
September. 19 94 .
UNIVERSITY OF IOWA COMMUNITY CREDIT UNION
FINANCI~\TUTIO!::-.
B;1~~q~,.;r=- ~
CITY OF IOWA CITY
By ~]h.~;;;~
( a or
Attest:
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; CITY'S ACKNOWLEDGEMENT
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STATE OF IOWA )
)SS:
JOHNSON COUNTY )
On this if >j day of Dr./-"'l...... , 199t. before me, the undersigned, a Notary
Public in a,nd for the State of Iowa, personally appeared .3"'.4" fYL, !Jor",.>' h and
Marian K. Karr, to me personally known, and, who, being by me duly sworn, did say that they are
the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the
, foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
(GrdiRaRGe) (Resolution) No. '1""."31'7 passed (the Resolution adopted) by the City Council,
under Roll Call No. ___________ of the City Council on the II,<,{. day of
DcAn/...,,,, , 19 '14- , and that SlASCl.h rY\., tt.oI"Dwl./-z... and Marian K.
Karr acknowledged the execution of the Instrument to be their voluntary act and deed and the
voluntary act and deed 01 the corporation, by it voluntarily executed.
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Notary Public In and for the State of Iowa
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STATE OF IOWA )
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JOHNSON COUNTY )
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On this 30th
undersigned, a
Fred C Krause
day of september
Notary Public in and for the
and Garv M Applebv
. A.D. 1994 , before me, the
State of Iowa, personally appeared
, to me personally known, who
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SUBORDINATION AGREEMENT
Page 3
being by me duly sworn, did say that they are the Presid::nt, Greral M3r\:l;J:r and
ViCE-Presid::nt, Firera:! ,respectively, of said corporation executing the within and foregoing
Instrument to which this Is attached, that said instrument was signed and sealed on behalf of
said corporation by authority of its Board of Directors; and that the said Fred C Krause
and Gary M Appleby 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.
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DONAlD RI WELLS
IIY COIllIISSlON EXPIRES
$'6 - 9 '1
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L.. otary Public In and for the State of,lowa '
nUnglsubrdnln,agm
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RESOLUTION NO. q4-~1 R
RESOLUTION ACCEPTING THE WORK FOR ASBESTOS ABATEMENT FOR
CIVIC CENTER EAST LOWER LEVEL REMODELING
ATTEST:A!t,J)/ iC~
CIT~LERK
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MAYOR '-
APpro~ed bY~ '
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WHEREAS, the Engineering Division has recommended that the asbestos abatement project
as included in the contract between the City of Iowa City and Haasco Ltd. of Dyersville, Iowa,
dated September 16, 1992, and including change orders 1 through 6 be accepted; and
WHEREAS, the performance and payment bond is on file in the Engineering Office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, that said abatement project be hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 11 th day of Octohl"r
, 1994.
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, It was moved by ThrogmortoR and seconded by
adopted, and upon roll call there were:
Ns':ielt
the Resolution be
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Kubby
Lehman
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Pigott
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CITY OF IOWA CITY
CITY ARCHITECT'S REPORT
October 5, 1994
Honorable Mayor and City Council
Iowa City, IA
RE: Asbestos Abatement and Wall Demolition for the Civic Center East Lower Level
Dear Honorable Mayor and Councilpersons:
I hereby certify that the Asbestos Abatement and Wall Demolition for the Civic Center East
Lower Level Project has been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City. The final contract price is
$62,139.00.
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The original asbestos abatement contract for the Civic Center East Lower Level Remodeling
was for $28,750.00 and included only the areas which are now H.I.S and Document Services.
Charge Orders 1 through 6 covering additional abatement work were approved by the Director
of Public Works as new remodeling work was accepted which included:
A.
Remodeling of the City Attorney's offices.
Remodeling of the H.I.S vault.
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B.
C.
Discovery of previously unknown and covered-up piping.
D. Lead abatement hazard in the Police Dept. shooting range.
E. Remodeling of the Police Department Lower Level.
Total change orders for asbestos abatement were $33,389.00 bringing the total contract
amount accepted in the RESOLUTION to $62,139.00. Adding abatement work by change
order was the most prudent course of action in this circumstance because:
1. We continued the asbestos abatement work at the lowest cost per square ft. by
the lowest bidder.
410 EAST WASIIINOTON STREET' IOWA CITY. IOWA 12240.1826' (J19) H6.1000' FAX (l19) 356.1009
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2.
We avoided extra documentation, contracting, and specification cost of both the
abatement contractor and monitoring consultant.
I recommend that the above-referenced project be accepted by the City of Iowa City.
All abatement work has been completed in a satisfactory manner,
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Sincerely,
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James L. Schoenfelder AlA; NCARB
City Architect
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RESOLUTION NO.. 94-319
RESOLUTION ACCEPTING THE WORK FOR THE STORM SEWER IMPROVE.
MENTS FOR LOTS 1-8 OF BOVRUM SUBDIVISION, PART 2.
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WHEREAS, the Engineering Division has certified that the following improvements have been
completed in accordance with the plans and specifications of the City of Iowa City,
One inlet and 180 L.F. of 36.inch RCP storm sewer improvements for Lots 1-8
of Boyrum Subdivision, Part 2, as constructed by Maxwell Construction, Inc.
of Iowa City, Iowa.
WHEREAS, a maintenance bond has been filed in the City Clerk's office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
said improvements be hereby accepted by the City of Iowa City, Iowa.
Passed and approved this 11 th day of Oo~nhp"
, 1994.
/L.~)n. ~
MA VOR -
Approved by
ATTEST: lJr~J(. ~/
CIT CLERK .
It was moved by Throgmorton and seconded by
adopted, and upon roll call there were:
the Resolution be
Nmd ok
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AYES:
NAYS:
ABSENT:
x
X
X
X
X
11
11
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Horowitz
Kubby
Lehman
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CITY OF IOWA CITY
ENGINEER'S REPORT
October 5, 1994
Honorable Mayor and City Council
Iowa City, IA
Re: Lots 1-8 of Boyrum Subdivision, Part 2
Dear Honorable Mayor and Council persons:
I hereby certify that the construction of the storm sewer improvements for Lots 1-8 of Boyrum
Subdivision, Part 2 has been completed in substantial accordance with the plans and
specifications of the Engineering Division of the City of Iowa City. The required maintenance
bond is on file in the City Clerk's office for the storm sewer improvements constructed by
Maxwell Construction, Inc. of Iowa City, Iowa.
I recommend that the above-referenced improvements be accepted by the City of Iowa City.
Sincerely,
f7;tJ4~dJ
Richard A. Fosse, P.E.
City Engineer
Ip3-4
410 EAST WASIIINOTON STREET' IOWA CITY. IOWA 52240.1126. (319) 356.5000' FAX (319) 356.5009
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RESOLUTION NO. 94-320
RESOLUTION AUTHORIZING THE MA VOR TO SIGN AND THE CITV CLERK TO
ATTEST A STORM SEWER EASEMENT AGREEMENT FOR LOTS 1-8 OF
BOVRUM SUBDIVISION, PART 2.
I
WHEREAS, pursuant to Section 14-5H-2 of the City Code of the City of Iowa City, Iowa,
Southgate Development Co., Inc. submitted a site plan for the development of property
located at 1835 and 1855 Boyrum Street; and
WHEREAS, City staff has approved the site plan for Lots 1-8 of Boyrum Subdivision, Part 2,
subject to the property owner entering into a Storm Sewer Easement Agreement; and
WHEREAS, the easement agreement requires City Council approval; and
WHEREAS, the execution of said easement agreement is in the public interest and advances
the public health, safety and welfare of the citizens of Iowa City, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
The Mayor is hereby authorized to sign and the City Clerk to attest the Storm Sewer
Easement Agreement for Lots 1-8 of Boyrum Subdivision, Part 2.
Q
,\
2. The City Clerk is hereby authorized and directed to certify a copy of this Resolution to
be recorded by Southgate Development Co., Inc. in the Johnson County Recorder's
Office, together with the Storm Sewer Easement Agreement.
Passed and approved this 11 th
day of
,1994.
October
iJ.u >dll-;o( ':n,. ~ Lh~
MAYOR - f
Approved by
I,!
ATTEST: Ih~ .p, !d..J
CiTfCLERK
/a-(r9y
It was moved by Throgmorton and seconded by Novick
adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
x
x
X
X
X
X
X
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RESOLUTION NO. 94-321
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF LIEN FOR PROPERTY LOCATED AT 1503
ROCHESTER AVENUE, IOWA CITY, IOWA.
WHEREAS, on June 4,1993, the property owner of 1503 Rochester Avenue, Iowa City, Iowa,
executed a Rehabilitation Agreement, Promissory Note and a Mortgage in exchange for a low
interest loan in the amount of $32,800.00 from the Housing Rehabilitation Program; and
WHEREAS, these documents created a lien against the property; and
WHEREAS, on September 14, 1994, new loan instruments were signed and the amount of the
loan will be refinanced upon approval of this Release of 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 City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 1503 Rochester
Avenue, Iowa City, Iowa from an obligation of the property owner to pay to the City the principal
amount of $32,800.00, which obligation was recorded in Book 1557. Pages 302 through 316,
of the Johnson County Recorder's Office.
l~
Passed and approved this 11 ~h
day of October , 1994.
" ',-.',. (',".,
ATTEST: ~iLE~,f ~
!lJ.,A~ ~ 1~A:;;L)--
MAYOR
A roved by
10/1/0/
I,!
It was moved by Throgmorton and seconded by Nmd ok
be adopted, and upon roll call there were:
the Resolution
,..,:
AYES:
NAYS:
ABSENT:
x
x
x
x
x
X
11
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
ppdreheb\1503roch.re.
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RELEASE OF LIEN
The City of Iowa City does hereby release the property located at 1503 Rochester Avenue, Iowa City, Iowa
legally described as follows:
Beginning at a point which is 1,772 feet East and 33 feet South of the Northwest corner of the SW~
of Sec. 11, Twp. 79 N., R. 6 West of the 5th P.M.; thence South 130 feet; thence East 55 feet;
thence North 130 feet; thence West 55 feet to the place of beginning. The grantees are hereby
granted the right, easement and privilege to use the following-described property for the purpose of
access to the West side of the property herein conveyed: Beginning at the above-described point of
beginning; thence South 130 feet; thence West 40 feet; thence North 130 feet; thence East 40 feet
to the point of beginning. This easement for access is so granted until such time in the future as the
last described property may be dedicated for public street purposes, at which time this private
easement shall cease and be terminated in favor of the Public Street. The grantees have the right
and privilege to connect a septic tank outlet to the existing tile line which extends easterly in a line
approximately 30 feet North of the South line of the tract herein conveyed
from an obligation of the property owner to the City of Iowa City, Iowa in the principal amount of
$32,800.00 represented by a Rehabilitation Agreement, Promissory Note and Mortgage recorded in the
Johnson County Recorder's Office on June 4, 1993, in Book 1557, Pages 302 through 316.
This obligation has been refinanced and the property is hereby released, in full, from any liens or clouds upon
the title to the above property by reason of said prior recorded documents.
CITY OF IOWA CITY
By: 4) ><ItlA1 ~. f/r,AHAJ~
I '- Mayor
Attest: 7~4;uJ;( ~
City C rk .
'WIO/r/c;1
STATE OF IOWA I
I SS:
JOHNSON COUNTY I
On this II -M. day of ~6ev , 19..1:t.., before me, SMdrCQ h:'..+ , a
Notary Public in and for the State of Iowa, personally appeared Susan M. Horowitz and Marian K. Karr, to
me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate
seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by
authority of its City Council, as contained in Resolution No. qlf - 32( passed by the City Council, on the
(( 111. day of ()ct-bbl?.... , 19~, and that Susan M. Horowitz and Marian K. Karr
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
S~~
Notary Public in and for the State of Iowa
ppdrchab\ 1503,och.ral
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FEE
FILED NO. 024875
B90K+~7?r\(}E- ~
93 JUN ~9PM I: 36
This mortgage (hereinafter "Security Instrument") is given on 31mI' 4 ,qq~.';'! ., iTl:le~p
mortgagor is David Bird. single person J .?i':O';""'" ~. 'JJ;""'"
(hereinafter "Borrower"). This Security Instrument is given to the City of Iowa.GiW;:IQ~i,~1
municipal corporation (hereinafter '1he City") whose address Is 410 E. Washingl6n ~free( 'Iowa
City, Iowa 52240. It is given in consideration of the Borrower's receipt of a loan from the City in
the amount of th;,.ty-twn thnll~~nr1 pi gl't hllnr;lretJ Dollars
($ 32,800.00). This debt is evidenced by a Promissory Note (hereinafter "Note") executed
simultaneously herewith.
" 0
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d.~ I
MORTGAGE
This Security Instrument secures to the City: (a) the repayment of the debt evidenced by and
under the terms of the Note; (b) all sums, advanced under paragraph 5 to protect this Security
Instrument; and (c) the Borrower's performance of the covenants and agreements under this
Security Instrument, the Note and a Rehabilitation Agreement executed simultaneously herewith.
For this purpose, Borrower does hereby grant to the City a mortgage and security interest in the
following described real property located in Johnson County, Iowa:
Beginning at a point which is 1772 feet East and 33 feet South of
the Northwest corner of the SW 1/4 of Sec. 11, Twp. 79 N., R. 6 West of the 5th
P.M.; thence South 130 feet; thence East 55 feet; thence North 130 feet; thence
West 55 feet to the place of beginning. 'The grantees are hereby granted the right,
easement and privilege to use the following described property for the purpose of
access to the West side of the property herein conveyed: Beginning at the above
described point of beginning; thence South 130 feet; thence West 40 feet; thence
North 130 feet; thence East 40 feet to the point of beginning. This easement for
access is so granted until such time in the future as the last described property
may be dedicated for public street purposes, at which time this private easement
shall cease and be terminated in favor of the Public Street. The grantees have
the right and privilege to connect a septic tank outlet to the existing tile line
which extends easterly in a line approximately 30 feet North of the South line of
the tract herei n conveyed. .
<>>
with the streetaddressof gn~ Rnrhp~tp,. A"p T""m ritl' I01"a ;
together with all buildings, structures and improvements now standing or hereafter constructed
on the property, and all easements, appurtenances, and fixtures now or hereafter made a part
of the property. All replacements and additions shall also be covered by this Security Instrument.
All of the foregoing is referred to as the "Property" in this Security Instrument.
The Borrower further grants to the City a security interest in the rents, issues, profits and
proceeds of the Property, said security Interest to be effective to the extent of the unpaid balance
of the loan.
! '!
Borrower and the City covenant and agree as follows:
1. Borrower covenants to the City and any successor In interest that: (i) Borrower
holds clear title to the mortgaged property; (Ii) Borrower has the right and
authority to execute this mortgage and to grant a security interest In the
mortgaged property; (iii) the mortgaged property is free and clear of all liens and
.
I;:. 155i I'AG[ 312
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encumbrances, except for encumbrances of record; and (iv) Borrower warrants
and will defend tiUe to the mortgaged property against all claims and demands of
all persons subject to any encumbrances of record.
2. Taxes. Borrower shall pay all real estate taxes and special assessments levied against
the property before the same become delinquent, without notice or demand. Borrower
shall, upon request, promptly furnish proof of such payment to the City. Borrower further
agrees to pay any water charges, sewer charges and other charges on the premises
when they become due.
3. Liens. Other than a first mortgage with Hills Bank & Trust Co. , Borrower
shall not create or incur any lien, encumbrance, or security interest on the Property or any
part thereof which might or could be held to be equal or prior to the lien of this Security
Instrument. Borrower shall pay, when due, the claims of all persons who supply labor or
materials to or In connection with the Property. Other than the above-referenced first
mortgage, Borrower shall promptly discharge any lien which has priority over this Security
Instrument unless Borrower: (a) agrees in writing to the payment of the obligation
secured by the lien in a manner acceptable to the City; (b) in good faith, contests the
lien by, or defends against enforcement of the lien in, legal proceedings which In the
City's opinion operate to prevent the enforcement of the lien; or (c) secures from the
holder of the lien an agreement satisfactory to the City subordinating the lien to this
Security Instrument. If the City determines that any part of the Property is subject to a lien
which may attain priority over this Security Instrument, the City may give Borrower a
notice identifying the lien. Borrower shall satisfy the lien or take one or more of the
actions set forth above within 10 days of the giving of notice. '
4.
Insurance. Borrower shall maintain insurance on all the Property against loss by fire,
hazards included within the term "extended coverage" and any other hazards, casualties
and contingencies. Such insurance shall be in a company to be approved by the City and
In an amount not less than the full Insurable value of the premises or not less than the
unpaid balance of the promissory note, whichever amount is smaller. Such insurance
shall include a standard mortgage clause listing the City of Iowa City Department of
Planning ana Community Development Housing Rehabilitation Program as Lender. The
Borrower shall provide a certificate of insurance to the City as well as evidence of paid
premiums and renewal notices.
Borrower further agrees to obtain liability Insurance coverage against personal
injury and death, and to furnish a certificate of insurance to the City as well as
evidence of paid premiums and renewal notices. In the event either the
comprehensive property or' liability Insurance is canceled or terminated, or
Borrower receives a notice of non-renewal, Borrower will Immediately notify the
City. In that event, the City may, at its option, obtain coverage to protect the
City's rights in accordance with Paragraph 5.
In case of loss after foreclosure proceedings have been instituted, the proceeds
of any Insurance policy or policies, if not applied in rebuilding or restoring the
Property, shall be used to pay the amount due in accordance with any decree of
foreclosure. The balance, if any, shall be paid to the owner of the redemption
equity, if entitled, or as the court may direct.
V:. 1557 j'AG[ 313
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5.
Protection of the City's Rights in the Propertv. If Borrower fails to perform the
covenants and agreements contained in this Security Instrument, or there is a
legal proceeding that may significantly affect the City's rights in the Property, the
City may do and pay for whatever Is necessary to protect the value of the Property
and the City's rights In the Property. 'The City's actions may include paying any
sums secured by a lien which has priority over this Security Instrument, appearing
In court, paying reasonable attorneys' fees and entering the property to make
repairs. Although the City may take action under this paragraph, the City is not
obligated to do so.
6.
Costs of Collection. Borrower agrees to pay all costs of collection, including
reasonable attorney fees and court costs, in the event the City must take action,
either informally or by judicial proceeding, to enforce this Security Instrument.
Care of Property. Borrower shall keep the buildings and other improvements on the
property in good and reasonable repair. Borrower shall not damage, destroy or impair
the Property, allow the Property to deteriorate, or commit waste on the Property.
7.
8.
Inspection. The City or its agent may make reasonable entries upon and
inspections of the Property. The City shall give Borrower notice at the time of or
prior to an inspection specifying reasonable cause for the inspection.
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Condemnation. In the event Borrower's interest in the Property is, condemned, the City
is entitied to share in the proceeds of the condemnation award, payable to the Borrower
and the City as their interests may appear under Iowa law.
10. Foreclosure. The parties acknowledge the City's traditional remedy to enforce this
mortgage is foreclosure under Chapter 654, Iowa Code (1991). The parties agree that
if the Property should sell, upon foreclosure, for less than the debt due and owing, the
City may waive the right to a deficiency judgment but In such event the Borrower's
redemption period shall be reduced to six months, as provided by Iowa law.
9.
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11. Successors and Assions Bound. This mortgage shall be binding and Inure to the benefit
of the Borrower and the City herein and to their successors and assigns In Interest
subject to the provisions of the Note executed simultaneously herewith.
12. Non-Ass/onability. The Borrower agrees that this Security Instrumen,t cannot be assigned
or amended without the written consent of the City. In the event of an amendment and/or
assignment, an Amended Mortgage shall be executed in a form recordable under Iowa
law, and shall be recorded 'in the Johnson County Recorder's Office at the Initiating
party's own expense.
13. Continuation of Abstract. In the event of any default by the Borrower, the City may, at the
Borrower's expense, procure an abstract of title or continuation thereof for said
mortgaged premises, and add the expense to the unpaid balance of the loan.
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14. Notices. Any and all required notices must be In writing and must be personally delivered
or sent by certified or registered mail, postage pre-paid, addressed as follows:
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If to the Borrower, to:
David Bird
.'107 Wll~hington Pllrk RORn
Iowa City. Iowa. 52245
B.
If to the Mortgagee, to:
City Manager of the City of Iowa City
410 E. Washington Street
Iowa City, Iowa 52240
15. Governina Law. This mortgage shall be governed by and construed in accordance with
the laws of the State of Iowa.
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16. Severability. In the event any portion of this Security Instrument shall, for any reason, be
held invalid,the remainder of this Security Instrument shall be deemed severable, and
shall continue to remain in full force and e.ffect.
17. Bankruptcv. In the event Borrower files for bankruptcy or Is declared bankrupt
under state or federal law, whether voluntarily or involuntarily, Borrower agrees
that a lien running In favor of the City shall attach to all rent, profits, proceeds and
issues of the Property, without further action required by the City and without
further recitation herein. '
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18. Acknowledaement of Receipt of Copies of Debt Instruments. Borrower hereby
acknowledges the receipt of a copy of this Security Instrument and the Note.
19.
Additional Provisions.
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Dated this 4th day of
I 19..1l.
June
BORROWER:
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David Bird
Social Security Number: '5"2. s - 13' '41 o~
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Social Security Number:
v:-1557 i'AGE 315
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STATE OF IOWA )
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JOHNSON COUNTY )
On this '11 ~ day () Urt.J,.., I lJJ3--.. ~efor~ me, tf:l.e undersigned a
fortheSateoflowa,P~nallyappearecJl) /k~ ~ .
, to me personally known to be the person(s) na ed In and who executed the
foregoing Instrument and acknowledged that hA.J executed the same as Co"" voluntary
act and deed. p~ ~~ ."
Notary Public In and for said County and State
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1. DATE:
PROMISSORY NOTE FOR CONDITIONAL LOW INTEREST ~~HO 024874
IOWA CITY HOUSING REHABIUTATlON PROGRAM BOOK~1 PA,~r: 301)-
.Tllnp 4"QQ,.' 93JIJM-9 Pl11:36
2.
BORROWER: David Bird. sin~l~ person ,.
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(hereinafter "Borrow,~j' - ::;';' C (j? ~:!~ fl
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3, ,CASE NO.:
LOCATED AT 1503 Rochester Ave., Towa City, Towa
IOWA CITY, JOHNSON COUNTY, IOWA.
4, 'LENDER/GRANTOR: CIlY OF IOWA CITY, IOWA, HOUSING REHABILITATION PROGRAM
(hereinafter '~he City")
5. PROMISE TO PAY:
In return for a loan received from the City, the undersigned promises to pay, to the order
of the CiIY,thirty-two thousand, eight hundred Dollars in U.S, currency
($ 32,800.00 ' ) '('~he Principal Amount") plus interest as set forth in Paragraph 6.
6.
RATE OF INTEREST:
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Percent (
~ . %) per annum.
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7. TERMS: ten (10) years from Initial payment date as specified
in paragraph 8 below. If, however, the Borrower transfers ownership of the property,
changes the use of the property or fails to rent the property to income eligible tenants,
the Principal Amount of this Note immediately becomes due and payable.
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This Note is conditioned on satisfactory performance of a' separate Rehabilitation
Agreement between City and Borrower executed and recorded simultaneously herewith.
8, PAYMENT: $ . 347.89 due on the first day of the month beginning
August 1993 and on the;; l"ot day of each month thereafter until paid In full.
Payments will be made at the offices of the Iowa State Bank and Trust Company or at
such other place as may be designated by the City.
PREPAYMENT: The Borrower has the right, without penalty, to make payments of
principal at any time before payments become due.
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10. SECURITY: City's security should be evidenced by:
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A lien on the property located at
described as follows:
1503 Rochester Ave.. IOIva City legally
See Exhibit "A"
V:. 1557 j'AGf 308
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Said lien Is filed of record in the Johnson County Recorder's, Office; and will be
released by the City filing a Release In the Recorder's Office upon payment in full.
This lien shall be in the form of a Mortgage In the amount of $
b. A Rehabilitation Agreement between the City and Borrower.
11. FAILURE TO PAY:
If the City has not received the full amount of any monthly payment within 10 calendar
days after the date it Is due, Borrower will pay a late charge to the City. The amount of
the late charge will be five percent (5%) of each overdue payment of principal and
Interest.
12. DEFAULT:
A. EVENT OF DEFAULT
(a) The Borrower's failure to pay the full amount of each monthly payment on the date
it is due.
(b) The Borrower's transfer of ownership or change of use of the property.
(c) The Borrower's failure to rent the premises to Income eligible tenants, as
determined by the City, shall constitute default.
(d) If the Borrower falls to comply with the terms and conditions of the Rehabilitation
Agreement, the City may, at its option, declare the unpaid Principal Amount In
default.
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B. NOTICE OF DEFAULT:
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If Borrower is in default, the City will send written nollce of default and opportunity to
cure. If Borrower falls to cure within thirty (30) days after said notice is mailed or
delivered, the unpaid balance of the Principal Amount shall become due and payable.
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C. WAIVER BY LENDER:
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The City may, at its option, pursue any and all remedies available to collect this debt.
The failure of the City to exercise such option to collect payment Immediately upon
default shall not, however, constitute a waiver of such default.
D. PAYMENT OF COSTS AND EXPENSES:
The Borrower agrees to pay all cost of collection, including reasonable attorney's fees
and court costs, Incurred by the Lender In collecting this debt.
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13. RELEASE OF FUNDS:
The City will release funds to Borrower only after satisfactory inspection of security
required by City, where security Is required.
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14. ASSIGNABILITY:
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Borrower agrees that ~ will not assign the obligation herein to Ii successor entity or
Interest unless and until written consent Is given by the City.
15. RECORDATION:
This Promissory Note shall be recorded In the Johnson County Recorder's Office, as
evidence of a security Interest and/or lien in the real estate/property located at
1 ~n, Rnrn~oh>'" A,,~ , legally described above.
BORROWER
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David Bird
BORROWER'S ACKNOWLEDGEMENT
STATE OF IOWA )
) ss:
JOHNSON COUNTY )
On this '-I -/" day of , 199 ~ , before me, the undersigned, a Notary
Public In and.. for said C9!!rRY., In said State,;ersonally appeared
and /)a.u-td.- ~ ~) I ~t:l- (;)-~ C/Y'-- , to me known to be the
identical persons named In and who executed the within and foregoing Instrument, and
acknowledged that they executed the same as their voluntary act and deed.
NOTARIAL SEAL ~.~d='Ofk>Na
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EXHIBIT /fA/f
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Beginning at a point which is 1772 feet East and 33 feet South of
the Northwest corner of the SW 1/4 of Sec. 11, Twp. 79 N., R. 6 West of the 5th
P.M.; thence South 130 feet; thence East 55 feet; thence North 130 feet; thence
West 55 feet to the place of beginning. The grantees are hereby granted the right,
easement and privi 1 ege to use the fo'll owi ng descri bed property for the purpose of
access to the West side of the property herein conveyed: Beginning at the above
descri bed poi nt of begi nni ng; thence South 130 feet; thence \~est 40 feet; thence
North 130 feet; thence East 40 feet to the point of beginning. This easement for
access is so granted until such time in the future as the last described property
may be dedicated for public street purposes, at which time .this private easement
shall cease and be terminated in favor of the Public Street. The grantees have
the right and privilege to connect a septic tank outlet to the existing tile line
which extends easterly in a line approximately 30 feet North of the South line of
the tract herein conveyed. .
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Exhihit C
iFA..RR.92
024873
FILED HO.
BOOKI-SSq.Pi\GE 30;;'"
30,0f?
REHABILITATION AGREEMENT
FOR RENTAL REHABILITATION LOANS
G I Th' A t f rth C' . . h Q1 t11~ -9 PM I: 35
enera . IS greemen sets 0 Ity reqUirements WIt respel::t'tu terms and
conditions to which an applicant must agree in order to obtain a rent~1 ~~pabllJt~~i?t~~,I1I'
loan " " ,.~'" (Yo .,-<:{,
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Rehabilitation Loan Conditions. The specific terms and conditions Wlth'respect io"
rehabilitation loans to a residential property are incorporated in the Promissory Note.
A. Cancellation Provision. The City has a right to cancel a loan if within 30
days from the note's execution the rehabilitation work has not commenced.
The City may extend this period by not more than 30 days, due to unforeseen
and extenuating circumstances.
B. Additional Extension. The Rehabilitation Officer shall not grant any further
extensions of time without prior written concurrence by the COBG Program
Coordinator. If the loan is to be canceled because of failure to begin anticipated
rehabilitation work within the allowed period of time, the Rehabilitation Officer
shall initiate cancellation.
Interest Rate. The interest rate shall be five percent (5%) on the unpaid principal
amount of the note.
Term of Loan. The maximum term for a rehabilitation loan shall be ten (10) years.
Termination of occupancy either by sale, transfer shall require the unpaid principal of
the Loan due.
The Borrower agrees to comply with the following Terms and Conditions.
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Civil Rights.
A. Discrimination in Employment - The Borrower shall not discriminate against any
qualified employee or applicant for employment because of race, color, religion,
sex, national origin, age, or physical or mental disability. The Borrower will
take affirmative action to ensure that applicants are employed and that
employees are treated without regard to their race, color, religion, sex, national
origin, age, or disability. Such action shall include but may not be limited to the
following: employment, upgrading, demotion or transfers; recruitment or
recruitment advertising; layoff or termination; rates of PIlY or other forms of
compensation; and selection for training, including an apprenticeship. The
Borrower agrees to post notices setting forth the provisions of the non.
discrimination clause in conspicuous places so as to be available to contractors.
B. Consideration for Employment . The Borrower shall, in all solicitations or
advertisements for contractors placed by or on behalf of the Borrower, state
that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, national origin, age, or disability. The
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Borrower shall list all suitable employment openings in the State Employment
Service local offices.
C. Civil Rights Compliance in Employment - The Borrower shall comply with all
relevant provisions of the Iowa Civil Rights Act of 1965 as amended, Iowa
Executive Order 15, Federal Executive Order 11246, as amended by Federal
Executive Order 11375, Title VI of the U.S. Civil Rights Act of 1964 as
amended (42 USC Section 2000d et. 'seq.), the Fair Labor Standards Act (29
USC Section 201 et. seq.), Section 504 of the Vocational Rehabilitation Act of
1973 (29 USC Section 794), and the Age Discrimination Employment Act of
1967 (42 USC Section 6101 et. seq.). The Borrower will furnish all information
and reports requested by the State of Iowa or required by or pursuant to the
rules and regulations thereof and will permit access to payroll and employment
records by the State of Iowa to investigate compliance with these rules and
regulations.
D.
Program Non-Discrimination - The Borrower shall conform with requirements of
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et. seq.l and HUD
regulations issued pursuant thereto cootained in 24 CFR Part 1. No person in
the United States shall on the grounds of race, color, national origin, or sex be
excluded from participation in, be denied the benefits, of, or be subjected to
discrimination under any program or activity funded in whole or in part with
funds made available through this contract. Any prohibition against discrimina-
tion on the basis of age under the Age Discrimination Act of 1975 142 USC '
6101 et. seq.) or with respect to an otherwise qualified handicapped individual
as provided in Section 504 of the Vocational Rehabilitation Act of 1973 (29
USC Section 794) shall also apply to any such program or activity.
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E. Fair Housing - The Borrower shall comply with Title VIII of the Civil Rights Act
of 1968 (42 U.S.C. 3601 et. seq.), generally known as the Fair Housing Act,
and with HUD regulations found at 24 CFR Part 107, issued in compliance with
Federal Executive Order 11063, as amended by Federal Executive Order 12259.
The Borrower shall also comply with Section 109, Title I of the Housing and
Community Development Act of 1974, as amended.
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Local Businesses/Persons Employment Opportunities - The Borrower shall .
comply with provisions for training, el)1plciyment, and contracting in accordance
with Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C.
1701u).
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Non-compliance with the Civil Rights Law .In the event of the Borrower's non.
compliance with the non-discrimination clauses of this contract or with any of
the aforesaid rules, regulations, or requests, this contract may be canceled,
terminated, or suspended, either wholly or in part. In addition, the State of
Iowa may take further action, imposing other sanctions and invoking additional
remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 601A,
Code of Iowa, 1991) or as otherwise provided by law.
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6. Section 504 Comoliance. No otherwise qualified individual with handicaps shall, solely
by reason of his/her handicap, be excluded from participation in, be denied the benefits
of, or be subjected to discrimination under any program or activity receiving federal
financial assistance. This includes, but is not limited to, programs and/or activities
related to housing, employment, and the delivery of services.
7. Use of Proceeds. Use the loan proceeds onlY,to pay for costs of contracting, services
and materials necessary to carry out the rehabilitation work for which the loan will be
approved.
8. Comoletion of Work. Assure that the rehabilitation work shall be carried out promptly
and efficiently through written contract. Failure to complete the rehabilitation work
or failure to comply with these terms and conditions may result in the applicant being
declared in default.
9. Ineligible Contractors. Do not award any contract for rehabilitation work to be paid for
in whole or in part with the proceeds of the loan to any contractor, who, at the time,
is ineligible under the provisions of any applicable regulation issued by the Secr'etary
of Housing and Urban Development to receive an award of such contract.
10. Insoection. Permit inspection by the Lender or its design!le of the Project, the
rehabilitation work, and all contracts, materials, equipment, payrolls, and conditions
of employment pertaining to the work.
11. Records. Keep such records as may be required by the Lender with respect to the
rehabilitation work.
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12. Interest of Certain Officials. Do not permit any member of or delegate to the Congress
of the United States and no Resident Commissioner to share in any proceeds of the
loan, or to any benefit to arise from the same.
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13. Bonus. Commission. or Fee. Do not pay any bonus, commission, or fee for the
purpose of obtaining the Lender's approval of the loan application, or any other
approval or concurrence required by the Lender or its designee to complete the
rehabilitation work, financed in whole or in part with the deferred payment loan.
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14. Interest of the Lender. Allow no member of the governing body of the Lender who
exercises any functions or responsibilities in connection with the administration of the
rehabilitation work and no other officer or employee of the Lender who exercises such
functions or responsibilities to have any direct interest in the proceeds of the loan, or
in any contract entered into by the Borrower for the performance. of work financed, in
whole or in part, with the proceeds of the loan.
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15. $ale or Transfer of the Proiect. Do not sell or otherwise transfer legal or equitable
interest in the Project without repaying the loan as provided herein and without prior
written consent of the Lender.
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16. Blg,ht to Terminate Contract and Comolete the Work. If the owner is declared in
default of the Rehabilitation Agreement, the City may elect to cancel the loannien or
to proceed to complete the rehabilitation.
Cancellation of the loan shall be by written notice by certified mail, and shall require
that the full amount of rehabilitation assistance provided to the date of cancellation
shall become due and payable.
If the rehabilitation on projects other than self-help projects can be completed with the
funds escrowed for the project, the City may finish the work by whatever method it
deems expedient. The cost of said completion shall be part of the loannien on the
rehabilitated property.
17. Environmental and Flood Insurance Reauirements. The OWner shall comply with the
environmental requirements contained in 24 CFR 576, and related and necessary flood
insurance provisions as may be required under 24 CFR 576.79{f).
In addition, the Borrower agrees to:
(1) Purchase the requisite flood insurance coverage.
(2) Renew and maintain the coverage so that the flood insurance policy does not
lapse duriog the term of the loan.
(3) Provide proof of insurance coverage to the Lender.
18.
Lead-Based Paint. The construction or rehabilitation of residential structures with
assistance provided under this Contract is subject to the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4821-4846) as implemented through regulations contained
in 24 CFR Part 35. It is understood that any lea9.based paint hazard must be
corrected and that this may involve an additional loan or change order to eliminate this
hazard.
19.
Tenant Assistance Policv. As required by 24 CFR 511 (May 14, 1990) - Rental
Rehabilitation Program (RRP) . the owner agrees to comply with the locally adopted
plans and procedures of its Displacement and Tenant Assistance Policy.
20.
Affirmative Marketina. The owner shall comply with the conditions of its Affirmative
Marketing Policies as required. Said agreement shall be in force with the owner for a
period of ten (10) years beginning on the date on which the rehabilitation of the units
in the project is completed 'for projects having five {51 or more ~esidential units.
21.
Condominium Conversion. Do not to convert the units in the Project to condominium
ownership or any form of cooperative ownership not permitted by applicable federal
regulations (24 CFR Part 511).
22.
Non-Discrimination in Contractina. Cooperate with the Lender to encourage the use
of minority and women's business enterprises and locally owned businesses for the
rehabilitation work to be financed with the loan.
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l:listoric PreservatiQn. Cooperate with the Lender to comply with applicable local, state
and federal historic preservation laws and ordinances.
24. Preservation of the Securit'l. Maintain the property according to the Iowa City Housing
Code Standards and permit the City or its designee to inspect the property during the
term of the loan.
25. Hazard Insurance. Maintain hazard insurance on the property' with a loss payable
clause to the City as applicable.
26. !3rievance Procedure.
By endorsing this Rehabilitation Agreement, the Borrower certifies that he/she will comply
with them.
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a.
Filing. The Housing Commission's jurisdiction may be invoked by or on behalf
of any aggrieved person by filing a grievance with the Housing Commission.
A grievance must be filed at the Office of the City Clerk for the City of Iowa
City. grievances shall be filed in a timely manner and must be received by the
City of Iowa Citv within one vear of final oavment bv the Citv of arant subsidy.
funds in connection with rehabilitation work. The communication of the action
shall be in written form and should contain a short, concise statement of the
grievance and explanation of action desired. The aggrieved person may seek
the assistance of the staff of the Department of Planning & Program Develop-
ment in filing of an action. No filing or processing fees shall be required of any
aggrieved person involving the Committee jurisdiction.
b.
Notice. The Housing Commission shall fix a reasonable time for hearing actions
and the Department of Planning & Program Development shall give notice in
writing of the time and place of the hearing to the aggrieved person. In no
event shall the hearing be held more than 30 calendar days following receipt of
the grievance at the Office of the City Clerk. Recording Secretary of the
Housing Commission shall be responsible for coordinating and scheduling the
hearing with the Chairperson of the Housing Commission. At the hearing, the
aggrieved may appear in person, by agent or by attorney. If the grievance is
resolved prior to the date of the hearing, the aggrieved party shall request in
writing that the grievance be withdrawn. The Committee shall forward its
recommendation in writing to the City Manager within ten (10) calendar days
following the Grievance Hearing.
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STATE OF IOWA )
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JOHNSON COUNTY )
Onthis-3S'(-I~ day of '1;iJO'/A.D ,A.D./19_~9.s/beforeme,
the unq&(signe~, J. No ry. Pu lie in and for sa~ said State, personally appeared
U~ (A,B). . ,tomeknown
to be the identical person(s) named in and who executed the within and foregoing instrument,
and acknowladgad that thay axacutad ''ZJ: "';::: and daad,
Notary Public in and for said County
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RESOLUTION NO. Q4-'m
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO A nEST THE RELEASE OF LIEN FOR PROPERTY LOCATED AT 402 W.
BENTON STREET, IOWA CITY, rOWA.
WHEREAS, on May 20, 1992, the property owner of 402 W. Benton Street, Iowa City, Iowa,
executed a Mortgage and a Promissory Note in the amount of $1 ,865.75 in exchange for a low
interest loan from the Community Development Block Grant (CDBG) Program; and
WHEREAS, said Mortgage and Promissory Note amended and superseded a Promissory Note
and Mortgage dated October 1, 1991; and
WHEREAS, said Amended Mortgage and Promissory Note executed May 20, 1992, created
a lien against the subject property; and
WHEREAS, on September 30, 1994, the owner paid the balance due under the Amended
Promissory Note and Mortgage.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to sign and City Clerk to attest the attached Release
of Lien for recordation, whereby the City does release the property located at 402 W. Benton
'Street, Iowa Ciiy, Iowa from an obligation of the property owner to pay to the City the principal
amount of $1,865.75, which obligation was recorded in Book 1294, Pages 116 through 124,
and Book 1374, Pages 270 through 294, respectively, of the Johnson County Recorder's Office.
Passed and approved this 11 t h
day of Octohp.r
, 1994.
~ ^An,"~
~AYOR '-
A roved by -
ATTEST:. ~~~ cf! ~
CITY- LERK .
'tfLf/lf
It was moved by 'I'hl"ngmol"ton _ and seconded by Novick
be adopted, and upon roll call there were:
the Resolution
AYES: NAYS:
ABSENT:
x
x
x
x
x
x
Baker
Horowitz
Kubby
Lehman
Novick
Pigott
Throgmorton
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RELEASE OF LIEN
The City of Iowa City does hereby release the property located at 402 W. Benton Street, Iowa
City, Iowa legally described as follows:
Lot six (6) in Plat of Irregular Survey in School Lot 5, Section sixteen (16), Township
seventy-nine (79) north, range six (6) west of the 5th P.M., according to the plat
thereof recorded in Plat Book 3, page 132, plat records of Johnson County, Iowa
from an obligation of the property owner to the City of Iowa City in the principal amount of
$1,865.75 represented by a Mortgage and a Promissory Note recorded in the Johnson County
Recorder's Office on October 1, 1991, in Book 1294, Pages 116 through 124 and Book
1374, Pages 270 through 274, respectively.
This obligation has been satisfied and the property is hereby released, in full, from any liens
or clouds upon title to the above property by reason of said prior recorded documents.
CITY OF IOWA CITY
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Attest: 7nhA/AAt)
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BY:. fL-",-)",4a-
/ Mayor
roved by:
STATE OF IOWA )
I SS:
JOHNSON COUNTY I
1'''-
On this" day of Dc'f-o {"a- , 19 ~ i , before me, So~ i"lle.
Jbl"+ , a Notary Public in and for the State of Iowa, personally
appeared Susan M. Horowitz and Marian K. Karr, to me personally known, and, who, being
by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City
of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of
the corporation, and that the instrument was signed and sealed on behalf of the corporation,
by authority of its City Council, as contained in Resolution No. 94- ~ 3l'2. passed by the
City Council, on the {( +i day of ()c:h.-:.bw , 19 JL, and that Susan M.
Horowitz and Marian K. Karr acknowledged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
~.-wlnlU- ';..n:b
Notary Public in and for the State of Iowa
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I" \1 THE IOWA STATE BAR ASSOCIATION FOR THE LEGAL EFFECT OF THE USE
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THIS MORTGAGE is made belween
MORTGAGE * AMENDED
Eileen T. Foughty
("Mortgagors") and
Ci ty of Iowa City ("Mortgagee").
1. Grant of Mortgage and Security Interest. Mortgagors hereby sell, convey and mortgage unto Mortgagee,
and grant a security interest to Mortgagee in the following described properly:
a. Land and Buildings. All of Mortgagors' right, title and interest in and to the following described real estate
situated in Johnson County, Iowa (the "Land"):
Lot six (6) in Plat of .Irregular Survey in School Lot 5, Section sixteen (16).
Township seventy-nine (79)' north, range six (6) west of the 5th P.M., accord-
ing to the plat thereof recorded in Plat Book 3, page ,132, plat records of
Johnson County, Iowa. .
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and all buildings, structures and improvements now standing or at any time hereafter consj~'iJ:~r:p1?~~f;poo::I,
the Land (the "Buildings"), including all hereditaments, easements, appurtenances, riparict'fi ri~\~lr\ilr.~i4J r!9~ls,
water rights, rights in and to the lands lying in streets, alleys and roads adjoining the land, estates"and blHef ngti\s
and interests now or hereafter belonging to or In any way pertaining to the Land.
b. Personal Property. All fixtures and other personal property integrally belonging to, or hereafter becoming an
integral part of the Land or Buildings, whether attached or detached, including but not limited to, light fixtures, shades,
rods, blinds, venetian blinds, awnings, storm windows, screens, linoleum, water softeners, automatic heating and air-
conditioning equipment and all proceeds, products, increase, issue, accessions, attachments, accessories, parts,
additions, repairs, replacements and substitutes of, to, and for the foregoing (the "Personal Properly"),
c, Revenues and Income. All rents, issues, profits, leases, condemnation awards and insurance proceeds now or
hereafter arising from the ownership, occupancy or use of the Land, Buildings and Personal Property, or any part
thereof (the "Revenues and Income").
TO HAVE AND TO HOLD the Land, Buildings, Personal Property and Revenues and Income (collectively called the
"Mortgaged Property"), together with all privileges, hereditaments thereunto now or hereafter belonging, or in any way
appertaining and the products and proceeds thereof, unto Mortgagee, i1s successors and assigns,
2. Obligations. This Mortgage secures the following (hereinafter collectively referred tB as the "Obligations"):
a, The payment of the loan made by Mortgagee to Eil een T. FOUQhty
evidenced by. a promissory note dated October 1 ,19..Jl in the principal amount of
$ 1,865.75 with adue date of September 1, 1994 ,any renewals,
extensions, modifications or refinancing thereof and any promissory notes Issued in substitution therefor; and
b, All other obligations of Mortgagors to Mortgagee, now existing or hereafter arising, whether direcl or indirect,
contingent or absolute and whether as maker or surety, including, but not limited to, future advances and amounts
advanced and expenses incurred by Mortgagee pursuant to this Mortgage.
c.
3. Representations and Warranties of Mortgagors. Mortgagors represent, warrant and covenant to Mort-
gagee that (I) Morlgagors hold clear title to the Mortgaged Properly and title in fee simple in the Land; (i1) Mortgagors have
the right, power and authority to execute this Mortgage and to mortgage, and grant a security interest in the Mortgaged
Property; (i1i) the Mortgaged Property is free and clear of all liens and encumbrances, except for real estate taxes not yet
delinquent and except as otherwise stated in subparagraph 1 a. herein; (iv) Mortgagors will warrant and defend title to the
Mortgaged Property and the lien and priority of this Mortgage against all claims and demands of all persons, whether now
existing or hereafter arising; and (v) all buildings and improvements now or hereafter located on the Land are, or will be,
located entirely within the boundaries of the Land.
4. Payment and Performance of tho Obligations. Mortgagors will pay all amounts payable under the
Obligations in accordance with the terms of the Obllgationswhen and as due and will timely perform all other obligations of
Mortgagors under the Obligations, The provisions of the Obligations are hereby incorporated by reference into this
Mortgage as if fully set forth herein. '
5, Taxes. Mortgagors shall pay each Installment of all taxes and special assessments of every kind, now or hereafter
levied against the Mortgaged Property before the same become delinquent, without notice or demand, and shall deliver to
Mortgagee proof of such payment within fifteen (15) days after the date in which such tax or assessment becomes
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d. L.(lIIU (lIIU DUllumg::ii.l"\lI UIIVIUrIYiiYU'::) lIym, uu~ ClIIU Ill1tilCi:)11I1 OIlU IV UIC IVIlUVVIII~ UOOJ\.lIlUwU '''''\,AI ",,",,,,.m,'
situated in Johnson County, Iowa (the "Land"):
Lot six (6) in Plat of ,Irregular Survey in School Lot 5, Section sixteen (16).
Township seventy-nine (79) north, range six (6) west of the 5th P.M., accord-
ing to the plat thereof recorded in Plat Book 3, page 132, plat records of
Johnson County, Iowa. '. .
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and all buildings, structures and improvements now standing or at any time hereaHer consJry'iJ:gri~~efi oPen '::'.
the La~d (the. ''Buil?ings''), including all her~ditaments, easements, appu~e.n~nces, riparicfr'i rioo\~.r~m~f~l, (i9mS,
water rights, rights In and to the lands lying In streets, alleys and roads adjoIning the land, estates and other rlgh\s
and interests now or hereaHer belonging to or in any way pertaining to the Land.
b, Personal Property. All fixtures and other personal property integrally belonging to, or hereafter becoming an
integral part of the Land or Buildings, whether aUached or detached, including but not limited to, light fixtures, shades,
rods, blinds, venetian blinds, awnings, storm windows, screens, linoleum, water softeners, automatic heating and air-
conditioning equipment and all proceeds, products, increase, issue, accessions. attachments, accessories, parts,
additions, repairs, replacements and substitutes of, to, and for the foregoing (the "Personal Property"),
c. Revenues and Income. All rents, issues, profits, leases, condemnation awards and insurance proceeds now or
hereafter arising from the ownership, occupancy or use of the Land, Buildings and Personal Property. or any part
thereof (the "Revenues and Income").
TO HAVE AND TO HOLD the Land, Buildings, Personal Property and Revenues and Income (collectively called the
"Mortgaged Property"), together with all privileges, hereditaments thereunto now or hereafter belonging, or in any way
appertaining and the products and proceeds thereof, unto Mortgagee. its successors and assigns,
2, Obligations. This Mortgage secures the following (hereina~er collectively referred tl) as the "Obligations"):
a, The payment of the loan made by Mortgagee to Elleen T. FOUQhtv
evidenced b'l a promissory note dated October 1 ,19 ~ in the principal amount of
$ 1,865.7'J withaduedateof September 1. 1994 ,anyrenewals,
extensions, modifications or refinancing thereof and any promissory notes issued in substitution therefor; and
b, All other obligations of Mortgagors to Mortgagee, now existing or hereafter arising, whether direct or indirect,
contingent or absolute and whether as maker or surety, including, but not limited to, future advances and amounts
advanced and expenses incurred by Mortgagee pursuant to this Mortgage.
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3, Representations and Warranties of Mortgagors. Mortgagors represent, warrant and covenant to Mort-
gagee that (i) Mortgagors hold clear title to the Mortgaged Property and title in fee simple in the Land; (ii) Mortgagors have
the right, power and authority to execute this Mortgage and to mortgage, and grant a security interest in the Mortgaged
Property; (iii) the Mortgaged Property is free and clear of all liens and encumbrances, except for real estate taxes not yet
delinquent and except as otherwise stated in subparagraph 1 a. herein; (iv) Mortgagors will warrant and defend title to the
Mortgaged Property and the lien and priority of this Mortgage against all claims and demands of all persons, whether now .,
existing or hereafter arising; and (v) all buildings and improvements now or hereafter located on the Land are, or will be,
located enlirely within the boundaries of the Land.
4. Payment and Performance of the Obligations. Mortgagors will pay all amounts payable under the
Obligations in accordance with the terms of the Obligationswhen and as due and will timely perform all other obligations of
Mortgagors under the Obligations, The provisions of the Obligations are hereby incorporated by reference into this
Mortgage as if fully set forth herein, .
5, Taxes. Mortgagors shall pay each instaliment of all taxes and special assessments of every kind, now or hereafter
levied against the Mortgaged Property before the same become delinquent, without notice or demand, and shall deliver to
Mortgagee proof of such payment within fifteen (15) days after the date in which such tax or assessment becomes
delinquent.
6. Liens. Mortgagors shall not create, incur or suffer to exist any lien, encumbrance, security interest or charge on the
Mortgaged Property or any part thereof which might or could be held to be equal or prior to the lien of this Mortgage, other
than the lien of current real estate taxes and installments of special assessments with respect to which no penally is yet 1.1
payable. Mortgagors shall pay, when due, the claims 'of all persons supplying labor or materials to or in connection with the
Mortgaged Property, II
7. Compliance with Laws. Mortgagors shall comply with all present and future statutes, laws, rules, orders, I
regulations and ordinances affecling the Mortgaged Property, any part thereof or the use thereof.. .,
8. Permitted Contests. Mortgagors shall not be required to (i) pay any tax, assessment or other charge referred to ,
in paragraph 5 hereof, (Ii) discharge or remove any lien, encumbrance or charge referred to in paragraph 6 hereof, or (Hi) I :~~
comply with any statute, law, rule, regulation or ordinance referred to in paragraph 7 hereof, so long as Mortgagors shall i (1
,"'Thi s Mortgage.~I11~n~~Jh~ ,rn9rtm~,,~x~~~tedbt,the, Qwn~r ~U ~~n . Foughty recorded in ,I fi:I:~'
,,~.ql1.~s,~?,ll~AIsJ.filoge 121, Johnson County Reocrders om ce.,,~, 128 MORTGAGE "\01&.1 O:"'~\'
TIlls Punllng Novombor. 1990 r I. ..1.37i1,'ACf 270 AUVI~udO"luhu" WHO ":' 111!~<
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14, Fixture Filing. From the date of its recording, this Mortgage shall be effective as a financing statement filed as a ~
fixture filing with respect to the Personal Property and for this purpose the name and address of the debtor is the name and i
address of Mortgagors as set forth in p~ragraph 20 herein a~d the name and ~qdrf~jQ. Y~~ia4lUr~ \*Ilty is the name and
address of the Mortgagee asset forth In paragraph 20 herein, :' 1 U l V b I \ I (i t,lJ ;
15. Events of Default. Each of the following occurrences shall constitute an event of default hereunder ("Event
of Default"): '
a. Mortgagors shall default in the due observance or performaMt~~ or ,bre~ctf its agreement contained in
paragraph 4 hereof or shall default in that due observance or performance of or breach any other covenant,
condition or agreement on its part to be observed or performed pursuant to the terms of this Mortgage.
b, Mortgagors shall make an assignment for the benefit of its creditors, or a petition shall be filed by or against
Mortgagors under the United States Bankruptcy Code o,r Mortg,agors shall seek or consent to or acquiesce in the
appointment of any trustee, receiver or liquidator of a material pari of its properties or of the Mortgaged Property
or shall not, within thirty (30) days after the appointment of a trustee, receiver or liquidator of any material part of
its properties or of the Mortgaged Property. have such appointment vacated.
c, A judgment, writ or warrant of attachment or execution, or similar process shall be entered and become a lien
on or be issued or levied against the Mortgaged Property or any part thereof which is not released, vacated or
fully bonded within thirty (30) days after its entry, issue or levy.
d. An event of default, however pefined, shall occur under any other mortgage, assignment or other security
document constituting a lien dn the Mortgaged Property or any parI thereof.
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16, Acclerationj Foreclosure. Upon the occurrence of any Event of Default and at any time thereafter while
such Event of Default exists, Mortgagee may, at its option, exercise one or more of the following rights and remedies
(and any other rights and remeoies available to it):
a, Mortgagee may declare immediately due and payable all Obligations secured by this Mortgage, and the
same shall thereupon be immediately due and payable, without further notice of demand.
b, Mortgagee shall have and may exercise with respect to the Personal Property, all the rights and remedies
accorded upon default to a secured party under the Iowa Uniform Commercial Code. If notice to Mortgagors of
intended disposition of such property is required by law in a particular instance, such notice shall be deemed
commercially reasonable if given to Mortgagors at least ten (10) days prior to the date of intended disposition.
c, Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with
the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the
period of redemption, the court having jurisdiction of the caSe shall at the request of Mortgagee appoint a receiver
to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom.
and to rent or cultivate the same as he may deem best for the interest of all parties concerned, and such receiver
shall be liable to account to Mortgagors only for the net profits, after application of rents, issues and profits upon
the costs and expenses of the receivership and foreclosure and upon the Obligations,
17. Redemption. It is agreed that if this Mortgage covers less than ten (10) acres of land, and in the event of the
foreclosure of this Mortgage and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one
year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months
provided the Mortgagee, in such action files an election to waive any deliciency judgment against Mortgagors which
may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 01 the Iowa Code.
If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be
exclusive to the Mortgagor, and the time periods in Sections 628,5, 628.15 and 628.16 of the 10wa'Code shall be
reduced to four (4) months,
II is further agreed that the period of redemption after a foreclosure of this Mortgage shall be reduced to sixty (60)
days if all of the three following conlingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the
Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally
liable under this Mortgage at the time of such foreclosure; and (3) Mortgagee in such action files an election to waive
any deficiency judgment against Mortgagors or their successor in interest in such action, If the redemption period is so
reduced, Mortgagors or their successors in interest or the owner shall have the exclusive right to redeem for the first
thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5,
628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket
entry by or on behalf of Mortgagors shall be presumption that the property is not abandoned. Any such redemplion
period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code, This paragraph shall not be
construed to limit or otherwise affect any other redemption provisions contained In Chapter 628 of the Iowa Code.
18, Attorneys' Fees. Mortgagors shall pay on demand all costs and expenses incurred by Mortgagee in
enforcing or protecting its rights and remedies hereunder, including, but not limited to, reasonable attorneys' fees and
legal expenses.
19. Forbearance not a Waiver, Rlghts'andRemedles Cumulallve. No delay by Mortgagee in exercising
any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the
exercise of such right or remedy, and no waiver by Mortgagee of any particular provisions of this Mortgage shall be
deemed effective unless In writing signed by Mortgagee. All such rights and remedies provided for herein or which
Mortgagee or the holder of the Obligations may have otherwise, at law or in equity, shall be distinct, separate and
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b. Mortgagors shall make an assignment for the benefit of its creditors, or a petition shall be filed by or against
Mortgagors under the United States Bankruptcy Code o,r Mortgagors shall seek or consent to or acquiesce in the
appointment of any trustee, receiver or liquidator of a material part of its properties or of the Mortgaged Property
or shall not, within thirty (30) days after the appointment of a trustee, receiver or liquidator of any material part of
its properties or of the Mortgaged Property, have such appointment vacated.
c. A judgment, writ or warrant of attachment or execution, or similar process shall be entered and become a lien
on or be issued or levied against the Mortgaged Property or any part thereof which is not released, vacated or
fully bonded within thirty (30) days after its entry, issue or levy,
d. An event of default, however' pefined, shall occLlr under any other mortgage, assignment or other security
documentconstilutlng a lien dri the Mortgaged Property or any part thereof.
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16. Acclerationj Foreclosure. Upon the occurrence of any Event of Default and at any time thereafter while
such Event of Default exists, MortgaglJe may, at its option, exercise one or more of the following rights and remedies
(and any other rights and remeaies available to it):
a, Mortgagee may declare immediately due and payable all Obligations secured by this Mortgage, and the
same shall thereupon be immediately due and payable, without further notice of demand,
b, Mortgagee shall have and may exercise with respect to the Personal Property, all the rights and remedies
accorded upon default to a secured party under the Iowa Uniform Commercial Code. If notice to Mortgagors of
intended disposition of such property is required by law in a particular instance, such notice shall be deemed
commercially reasonable if given to Mortgagors at least ten (10) days prior to the date of intended disposition.
c. Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with
the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the
period of redemption, the court having jurisdiction of the case shall at the request of Mortgagee appoint a receiver
to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom,
and to fent or cultivate the same as he may deem best for the interest of all parties concerned, and such receiver
shall be liable to account to Mortgagors only for the net profits, after application of rents, issues and profits upon
the costs and expenses of the receivership and foreclosure and upon the Obligations.
17. Redemption. It is agreed that if this Mortgage covers less than ten (10) acres of land. and in the event of the
foreclosure of this Mortgage and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one
year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months
provided the Mortgagee, in such action files an election to waive any deficiency judgment against Mortgagors which
may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code.
If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be
exclusive to the Mortgagor, and the time periods in Sections 628.5, 628.15 and 628.16 of the 10wa'Code shall be
reduced to 'four (4) months,
II is further agreed that the periOd of redemption after a foreclosure of this Mortgage shall be reduced to sixty (60)
days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the
Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally
liable under this Mortgage at the time of such foreclosure; and (3) Mortgagee in such action fites an election to waive
any deficiency judgment against Mortgagors or their successor in interest in such action, If the redemption period is so
reduced, Mortgagors or their successors in interest or the owner shall have the exclusive right to redeem for the first
thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5,
628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket
entry by or on behalf of Mortgagors shall be presumption that the property is not abandoned, Any such redemption
periOd shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be
construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code.
18. AUorneys' Fees. Mortgagors shall pay on demand all costs and expenses incurred by Mortgagee in
enforcing or protecting its rights and remedies hereunder, including, but not limited to, reasonable attorneys' fees and
legal expenses,
19. Forbearance not a Waiver, Rlghts'ondRemedles Cumulative. No delay by Mortgagee in exercising
any right or remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the
exercise of such right or remedy, and no waiver by Mortgagee of any particular provisions of this Mortgage shall be
deemed effective unless in writing signed by Mortgagee. All such rights and remedies provided for herein or which
Mortgagee or the holder of the Obligations may have otherwise, at law or in equity, shall be distinct, separate and
cumulative and may be exercised concurrenlly, independenlly or successively in any order whatsoever, and as often
as the occasion therefor arises.
20. Notices. All notices required to be given hereunder shaH be in writing and deemed given when personally
delivered or deposiled in the United states mail, postage prepaid, sent certified or registered, addressed as follows:
3. If to Mortgagors, to:
~ een ,T. Foughty
___402 W. Benton St.
Iowa City, Iowa 52246
b. If to Mortgagee, to:
City of Iowa City
410 E. Washington St.
Iowa City, !A 5~240
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or to such other address or person as hereafter designated in writing by the appl(~able party in the manner provided in
this paragraph for the giving of notices. .
21. Severability. In the event any portion of this Mortgage shall, for any reason, be held to be invalid, illegal or
unenforceable in whole or in part, the remaining provisions shall not be affected thereby and shall continue to be valid
and enforceable and if, for any reason, a court finds that any provision of this Mortgage is invalid, illegal, or
unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable then such
provision shall be deemed to be written, construed and enforced as so limited,
22, Further Assurances. At any time and from time to time until payment in full of the Obligations, Mortgagors
will, at the request of Mortgagee, promptly execute and deliver to Mortgagee such additional instruments as may be
reasonably required to further evidence the lien of this Mortgage and to further protect the security interest of
Mortgagee with respect to the Mortgaged Property, including, but not limited to, additional security agreements.
financing statements and continuation statements. Any expenses incurred by Mortgagee in connection with the
recordation of any such instruments shall become additional Obligations of Mortgagors secured by this Mortgage,
Such amounts shall be immediately due and payable by Mortgagors to Mortgagee.
23. Successors and Assigns bound; Number; Gender; Agents; Captions. The rights, covenants and
agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives,
successors and assigns of the parties, Words and phrases contained herein, including acknowledgement hereof,
shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender accoridng to the
contexts, The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be
used to interpret or define the provisions hereof.
24. Governing Law. This Mortgage shall be governed by and construed in accordance wilh the laws of the State
of Iowa,
25. Release of Rights of Dower, Homestead and Distributive Share. Each of the,undersigned hereby
relinquishes all rights of dower, homestead and distributive share in and 10 the Mortgaged Property and waives all
rights of exemption as to any of the Mortgaged Property.
26. Acknowledgement of Receipt of Copies of Debt Instrument. Mortgagors hereby acknowledge the
receipt of a copy of this Mortgage together with a copy of each promissory note secured hereby.
27. Additional Provisions.
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Eileen To FOU9hH .
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I Mortgagors
I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF
CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY
GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS
BASED UPON THIS MORTGAGE.
Dated: 'M~ 'a- ~7::>
Dated:
,19~
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STATE OF IOWA
-
COUNTY OF J/'AXISO'I
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On this:(J) day of
Public, personally appeared
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to me nown to be the identical persons named in and who execuled
the foregoing instrument, and aclmowledged that they exec~lep the same as their volunt,ary,act and deed,
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reasonably required to fu~ther ~vidence' the lien of Ihl~ - M~rtgag~ a~d ~to further protect th~ secu~ity interest of
Mortgagee with respect to the Mortgaged Property, Including, but not limited to, additional security agreements,
financing statements and continuation statements. Any expenses incurred by Mortgagee in connection with the
recordation of any such instruments shall become additional Obligations of Mortgagors secured by this Mortgage.
Such amounts shall be immediately due and payable by Mortgagors to Mortgagee. '
23. Successors and Assigns bound; Number; Gender; Agents; Captions. The rights, covenants and
agreements contained herein shall be binding upon and inure to the benefit of the respeclive legal representatives,
successors and assigns of the parties. Words and phrases contained herein, inclUding acknowledgement hereof,
shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender accoridng to the
contexts. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be
used to interpret or define the provisions hereof. ..
24. Governing Law. This Mortgage shall be governed by and construed in accordance with the laws of the State
.~~ ,
25. Release of Rights of Dower, Homestead and Distributive Share. Each of the, undersigned hereby
relinquishes all' rlghls of dower, homestead and distributive share in and to the Mortgaged Property and waives all
rights of exemption as to any of the Mortgaged Property,
26. Acknowledgement of Receipt of Copies of Debt Instrument. Mortgagors hereby acknowledge the
receipt of a copy of this Mortgage together with a copy of each promissory note secured hereby.
27, Additional Provisions. ' ,
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I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF
CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE,I VOLUNTARILY
GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS
BASED UPON THIS MORTGAGE.
Dated:~ ~'l7 " ,19~ '
Dated:
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STATE OF IOWA
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COUNTY OF Jl)\us,...
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On this.:tD day of
Public, personally appeared
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to me nown to be the identical persons named in and who executed
the foregoing instrument, and acknowledged that they exec~t~ Ihe.same a~ their volunt!3ry.act and deed,
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Notary Public
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Case Name:
Eileen T. Foughty
CITY OF IOWA CITY
Housing Rehabilitation Program
Low Interest Loan
Promissory Note ~ed:~::,
Case No.: 91/21/4
Case Address: ~2;lW:?BentQn,~St..",~.,
Iowa City, Iowa 52240
Data:
5/18/92
, Legal Description:' Lot six (6) in plat of Irregular Survey in School Lot 5, Section sixteen
(,16). Township seventy-nine (79) north. range six (6) west of the 5th P.M., according to
t~e plat thereof recorded in the Plat Book 3. Page 132, plat records of Johnson County, Iowa.
In the Amount of: $ 1,865. 75
For value received, the undersigned jointly and severally promlse(s} to pay to the order of the City of Iowa City
(hereinafter called the 'CIIy") the sum of $ 1.865.75 . There shall be 3% Interest rate on the unpaid
principal amount of this note. The principal and Interest charge on this note are payable on the first day of each
month In 36 monthly installments, Including principal, Interest commencing with the payment of
$ 59.62 on January 1 ,19.1L,andof$ 59.62 the flrst day of each month
for the remaining 35 months commencing on February 1 , 19~, in lawful money of the
United States at the offices of the Iowa, State Bank and Trust Company at at such other place as may be designated
by the City.
"
The undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of this note without
the payment of penalties or premiums.
In the event that a payment has not been received by the Iowa State Bank within 10 days after it is due, 5% Interest
may be charged one time on each overdue payment.
In the event the !Jnderslg~ed shall fall to pay any installment payment on this note when due, and if such failure be
subsisting on the date the next Installment payment under this note becomes due and payable, the unpaid principal
amount of this note together with accrued service charges shall become due and payable, at the option of the City,
without notice to the undersigned. Failure of the City to exercise such option shall not constitute a waiver of such
default. No default shall axlst by a reason of nonpayment of any required Installment of principal as long as the
amount of the optional prepayments already made pursuant hereto equals or exceeds the amount of the required
Installments. If this note be reduced to Judgment, such Judgment shall bear the statutory interest rate on Judgments.
If suit Is Instituted by the City to recover on this note, the undersigned agree(s} to pay all costs of such collection,
including reasonable attorney's fees and court costs. this note is secured by a mortgage , duly
filed for record in the Johnson County Court House.
Demand, protest and notice of demand and protest are hereby waived, and the undersigned hereby waives to the
extent authorized by law any and all homestead and other exemption right which otherwise would apply to the debt
evidenced by this note.
IN WITNESS WHEREOF, this' Note has been duly executed by the undersigned, as of Its date.
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On this ~o7#fJay of {Y\ ~ ,A.D., 19 J!::, before me the undersigned, a Notary Public In and for said
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Iowa vlty, Iowa 62240
Legal Description: Lot six (6) in plat of Irregular Survey in School Lot 5, Section sixteen_
. Lt6), Township seventy-nine (79) north. range six (6) west of the 5th P.M., according to
tne plat thereof recorded in the Plat Book 3, Page 132, plat records of Johnson County, Iowa.
In the Amount of: $ 1,865.75
For value received, the undersigned Jointly and severally promlse(s) to pay to the order of the City of Iowa City
(hereinafter called the 'Clty") the sum of $ 1.865.75 . There shall be 3% Interest rate on the unpaid
principal amount of this note. The principal and interest charge on this note are payable on the first day of each
month in 36 monthly installments, including principal, Interest commencing with the payment of
$ 59.62 on January 1 ,19J1L,andof$ 59.62 the first day of each month
for the remaining 35 months commencing on February 1 , 19~, In lawful money of the
United States at the offices of the Iowa. State Bank and Trust Company or at such other place as may be designated
by the City.
The undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of this note without
the payment of penalties or premiums.
In the event that a payment has not been received by the Iowa State Bank within 10 days after it is due, 6% interest
may be charged one time on each overdue payment.
In the event the lJnderslgl'1ed shall fail to pay any installment payment on this note when due, and if such failure be
subsisting on the date the next installment payment under this note becomes due and payable, the unpaid principal
amount of this note together with accruad service charges shall become due and payable, at the option of the City,
without notice to the undersigned. Failure of the City to exercise such option shall not constitute a waiver of such
default. No default shall exist by a reason of nonpayment of any required Installment of principal as long as the
amount of the optional prepayments already made pursuant hereto equals or exceeds the amount of the required
Installments. If this note be reduced to judgment, such Judgment shall bear the statutory Interest rate on Judgments.
If suit is instituted by the City to recover on this note, the undersigned agree(s) to pay all costs of such collection,
including reasonable allorney's fees and court costs. This note Is secured by a mortgage , duly
filed for record in the Johnson County Court House.
Demand, protest and notice of demand and protest are hereby waived, and the undersigned hereby waives to the
extent authorized by law any and all homestead and other exemption right which otherwise would apply to the debt
evidenced by this note.
IN WITNESS WHEREOF, this' Note has been duly executed by the undersigned, as of its date,
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Ei 1 een T. Foughty ;
STATE OF IOWA )
)55
JOHNSON COUNTY )
On this ~o7#fJay of f'{\~ ' A.D., 19~ before me the undersigned, a Notary Public In and for said
County, In said State, personally appeared E. 7i . t/';: , to me known to
be the Identical persons named In and who executed the within and oregoln9 Instrument, and acknowledged that they
executed the same as their voluntary act and deed.
S/1l\ckOJ ~
Notary Public In and for said County
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NOTARIAL SEAL
My Commission expires 8>/1 J 11
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*This Promissory Note amends the Promissory Note executed by the owner Eileen Foughty,
recorded in Book 1294, Page 116, Johnson County Recorders Office.
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CITY OF IOWA CITY
Housing Rehabilitation Program
Low Interest Loan
Promissory Note
Eileen T. Foughty Case No.:
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Case Name:
FILED NO U07 ~3'
UOOKfi4- ,};\GE=+ITQ
91/21/~1 NOY -5 AH 10: 49
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Case Address: lI'l4/}.~WMRro",lli'nM.\;:b:lf Date: 10/1/91 ...{;X', ~C; ()J&',:f.L
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Iowa City, Iowa 52240 JUdNSO/i C(".IOIVt.
L I D I ti Lot six (6) in plat of Irregular survey in School Lot 5, Section
ega escr pan:
sixteen (16), Township seventy-nine (79) north, range six (6) west of the
5th P.M., according to the plat tllereof recorded in the Plat Book 3, Page 132,
plat records of Johnson County, Iowa.
In the Amount of: $ 2,050.00
For value received, the undersigned JOlntl~ and severally promlse(s) to pay to the order of the City of Iowa City
(hereinafter called the "City") the sum of $ ,050.00 . There shall be 3% interest rate on the unpaid
principal amount of this note. The principal and Interest charge on this note are'payable on the first day of each
month in 36 monthly Installments, Including principal, Interest commencing with the payment of
$ 59.62 on Janumy 1 ,19.9.L,andof$ 59.67. the first day of each month
for the remaining 35 months commencing on Februarv 1 , 19.2L, In lawful money 01 the
United States at the offices of the Iowa State Bank and Trust Company or at such other place as may be designated
by the City.
"
The undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of this note without
the payment of penalties or premiums.
In the event that a payment has not been received by the Iowa State Bank within 10 days after It Is due, 5% interest
may be charged one time on each overdue payment. '
In the event the undersigned shall fail to pay any Installment payment on this note when due, and if such failure be
subsisting on the date the next Instailment payment under this note becomes due and payable, the unpaid principal
amount of this note together with accrued service charges shall become due and payable, at the option of 1he City,
without notice to the undersigned. Failure of the City to exercise such option shall not constitute a waiver of such
default. No default shall exist by a reason of nonpayment of any required Installment of principal as long as the
amount of the optional prepayments already made pursuant hereto equals or exceeds the amount of the required
installments. if this note be reduced to judgment, such judgment shall bear the statutory Interest rate on Judgments.
If suit Is Instituted by the City to recover on this note, the undersigned agree(s) to pay all costs of such coilectlon,
Including reasonable attorney's fees and court costs. this note Is secured by a IIxm~ave ,duly
filed for record In the Johnson County Court House.
Demand, protest and notice of demand and protest are hereby waived, and the undersigned hereby waives to the
extent authorized by law any and all homestead and other exemption right which otherwise would apply to the debt
evidenced by this note. '
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STATE OF IOWA )
JOHNSON COUNTY l ss NOTARIAL SEAL
On this! lit day of () t.-t~ ,A.D ~.9 q / , before m
County, In said State, personally appeared C::U:OIY\...
e unders,l9D,.ed, a Notary Public In and for said
O~~ . 1vV' , to me known to
leI
. _ II. ,. .1__I,~~,u_,__ ._____...11_ _.__1..,1__ _..__..I_...IJ.L_u.!.lLI___.JI_..___t__I__J..,. _J. __.J..._I~__u.I_.J__.JU.._J.J.L.._.,
JOIiNSOli G(i.,hlWt,
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legal Description: Lot six (6) in plat of Irregular survey in School Lot 5, Section
sixteen (16), Township seventy-nine (79) north, range six (6) west of the
5th P.M., according to the plat thereof recorded in the Plat Book 3, Page 132,
plat records of Johnson COWlty, Iowa.
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In the Amount of: $ 2,050.00
For value received, the undersigned Jolntl~ and severally promlse(s) to pay to the order of the City of Iowa City
(hereinafter called the 'City") the sum of $ , 050.00 . There shall be 3% Interest rate on the unpaid
principal amount of this note. The principal and Interest charge on this note are'payable on the first day of each
month In 36 monthly Installments, Including principal, Interest commencing with the payment of
$ 59.62 on Janua:r:y J ,19.9l....,andof$ 59,62 the first day of each month
for the remaining 35 months commencing on Februarv 1 , 191L-, in lawful money of the
United States at the offices of the Iowa State Bank and Trust Company or at such other place as may be designated
by the City.
The undersigned reserve(s) the right to prepay at any time all or any part of the principal amount of this note without
the payment of penalties or premiums.
In the event that a payment has not been received by the Iowa State Bank within 10 days after It Is due, 5% Interest
may be charged one time on each overdue payment. '
In the event the undersigned shall fall to pay any Installment payment on this note when due, and If such failure be
subsisting on the date the next Installment payment under this note becomes due and payable, the unpaid principal
amount of this note together with accrued service charges shall become due and payable, at the option of the City,
without notice to the undersigned. Failure of the City to exercise such option shall not constitute a waiver of such
default. No default shall exist by a reason of nonpayment of any required Installment of principal as long as the
amount of the optional prepayments already made pursuant hereto equals or exceeds the amount of the required
Installments. If this note be reduced to judgment, such judgment shall bear the statutory Interest rate on Judgments.
If suit Is Instituted by the City to recover on this note, the undersigned agree(s) to pay all costs of such collection,
Including reasonable attorney's fees and court costs. this note is secured by a JOOrteaee , duly
filed for record In the Johnson County Court House.
Demand, protest and notice of demand and protest are hereby waived, and the undersigned hereby waives to the
extent authorized by law any and all homestead and other exemption right which otherwise would apply to the debt
evidenced by this note. '
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IN WITNESS WHEREOF, this Note has been duly executed by the undersigned, ,as of Its date.
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JOHNSON COUNTY l ss NOTARIAL SEAL
On thls/Jit day of () t-td&v , A.D.....1.9~, before m e unders,i9Qed, a Notary Public in and for said
County, In said State, personally appeared 0.Xfj)1Y\... O~l . ~U , to me known to
be the Identical per&ons named In and who execuztd the within and foregoing Instru nt, and acknowledged that they
executed the same as their voluntary act and deed.
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Notary Public In and for said County
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Official Form No. 128
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THIS MORTGAGE is made between
MORTGAGE
Eileen T. Foughty
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("Mortgagors") and
City of Iowa City ("Mortgagee").
1. Grant of Mortgage and Security Interest. Mortgagors hereby sell, convey and mortgage unto Mortgagee,
and grant a security interest to Mortgagee in the following described property:
a. Land and ~~ngs. All of Mortgagors' right, title and interest in and to the following described real estate
situated in 0 on County, Iowa (the "Land"):
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91 NOV ~5 A1110: 49
Lot six (6) in Plat of Irregular Survey in School Lot 5, Section
sixteen (16), TOI'iI1ship seventy-nine (79) north,range six (6) west of the
5th P.M., according to the plat thereof recorded in Blat Book 3,
page 132, plat records of Jolmson COlmty, Iowa.
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and all buildings, structures and improvements now standing or at any time hereafter cotisii~ctij~I,9f)R!~~e~ ~pon ' ::
the Land (the "Buildings"), including all hereditaments, easements, appurtenances, riparian 'li9lIl'S','ffiiNgrdl'~ghts, il
water rights, rights in and to the lands lying in streets, alleys and roads adjoining the land, estates and other rights it
and interests now or hereafter belonging to or in any way pertaining to the Land. !
b. Personal Property. All fixtures and other personal property integrally belonging to, or hereafter becoming an
integral part of the Land or Buildings, whether attached or detached, including but not limited to, light fixtures, shades,
rods, blinds, venetian blinds, awnings, storm windows, screens, linoleum, water softeners, automatic heating and air-
conditioning equipment and all proceeds, products, increase, issue, accessions, attachments, accessories, parts,
additions, repairs, replacements and substitutes of, to, and for the foregoing (the ','Personal Property"),
c. Revenues and Income. All rents, issues, profits, leases, condemnation awards and insurance proceeds now or
hereafter arising from the ownership, occupancy or use of the Land, Buildings and Personal Property, or any part
thereof (the "Revenues and Income"). ,I
TO HAVE AND TO HOLD the Land, Buildings, Personal Property and Revenues and Income (collectively called the
"Mortgaged Property"), together with all privileges, hereditaments thereunto now or hereafter belonging, or in any way
appertaining and the products and proceeds thereof, unto Mortgagee, its successors and assigns,
2. Obligations. This Mortgage secures the following (hereirafter G9lleclivelv'hreferred to as the "Obligations"):
a. The payment of the loan made by Mortgagee to hI een T. Foug ty
evidenc:.ed by l:lOprOmissory note dated October 1 , 19 Jl in the principal amount of
$ Z,050.U withaduedateof February 1, ~9~'1 ,any renewals,
extensions, modifications or refinancing thereof and any promissory notes issued in substitution therefor; and
b. All other obligations of Mortgagors to Mortgagee, now existing or hereafter arising, whether direct or indirect,
contingent or absolute and whether as maker or surety, including, but not limited to, future advances and amounts
advanced and expenses incurred by Mortgagee pursuant to this Mortgage,
c,
3. Representations and Warranties of Mortgagors. Mortgagors represent, warrant and covenant to Mort-
gagee that (i) Mortgagors hold clear title to the Mortgaged Property and title in fee simple in the Land; (ii) Mortgagors have
the right, power and authority to execute this Mortgage and to mortgage, and grant a security interest in the Mortgaged
Property; (iii) the Mortgaged Property is free and clear of all liens and encumbrances, except for real estate taxes not yet
delinquent and except as otherwise stated in subparagraph 1 a, herein; (iv) Mortgagors will warrant and defend title to the
Mortgaged Properly and the lien and priority of this Mortgage against all claims and demands of all persons, whether now
existing or hereafter arising; and (v) all buildings and improvements now or hereafter located on the Land are, or will be,
located entirely within the boundaries of the Land.
4. Payment and Performance of the Obligations. Mortgagors will pay all amounts payable under the
Obligations in accordance with the terms of the Obligations wl1en and as due and will timely perform all other obligations of
Mortgagors under the Obligations, The provisions of the Obligations are hereby incorporated by reference into this
Mortgage as if fully set forth herein,
5. Taxes. Mortgagors shall pay each installment of all taxes and special assessments of every kind, now or hereafter
levied against the Mortgaged Property before the same become delinquent, without notice or demtlnd, and shall deliver 10
Mortgagee proof of such payment within fifteen (15) days after the date in which such tax or assessment becomes
delinquent.
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3, Representations and Warranties of Mortgagors. Mortgagors represent, warrant and covenant to Mort-
gagee that (i) Mortgagors hold clear title to the Mortgaged Property and title in fee simple in the Land; (iil Mortgagors have
the right, power and authority to execute this Mortgage and to mortgage, and grant a security interest in the Mortgaged
Property; (Hi) the Mortgaged Property is free and clear of all liens and encumbrances, except for real estate taxes not yet
delinquent and except as otherwise stated in subparagraph 1 a, herein; (iv) Mortgagors will warrant and defend title to the
Mortgaged Property and the lien and priority of this Mortgage against all claims and demands of all persons, whether now
existing or hereafter arising; and (v) all buildings and improvements now or hereafter located on the Land are, or will be,
located entirely within the boundaries of the Land,
4, Payment and Performance of the Obligations. Mortgagors will pay all amounts payable under the
Obligations in accordance with the terms of the Obligations wilen and as due and will timely perform all other obtigations of
Mortgagors under the Obligations, The provisions of the Obligations are hereby incorporated by reference into this
Mortgage as if fully set forth herein.
5. Taxes. Mortgagors shall pay each installment of all taxes and special assessments of every kind, now or hereafter
levied against the Mortgaged Properly before the same become delinquent, without notice or demand, and shall deliver to
Mortgagee proof of such payment within fifteen (15) days after the date in which such tax or assessment becomes
delinquent.
6. Liens. Mortgagors shall not create, incur or suller to exist any lien, encumbrance, security interest or charge on the
Mortgaged Property or any part thereof which might or could be held to be equal or prior to the lien of this Mortgage, other
than the lien of current real estate taxes and installments of special assessments with respect to which no penalty is yet
payable. Mortgagors shall pay, when due, the claims of all persons supplying labor or materials to or in connection with the 'I
Mortgaged Property. I
7. Compliance with Laws. Mortgagors shall comply with all present and future statutes, laws, rules, orders,
regulations and ordinances affecting the Mortgaged Property, any part thereof or the use thereof,
8. Permitted Contests. Mortgagors shall not be required to (i) pay any tax, assessment or other charge referred to '
in paragraph 5 hereof, (Ii) discharge or remove any lien, encumbrance or charge referred to in paragraph 6 hereof, or (Hi)' ~
Co ~mPI~ W~~h an,~,st:tul:~,~,~::~ru~:~:~~lati::o;;r;I;~;~;~::;;~~~::~~:~h ~~~r~_~~, s~ long as, Mortgagors shall_ ~ .,~~~' i
'Th' I,w, St,I' eor Au..,llon 128 MORTGAGE- ~ l' ~
This Pf1nuno Novombor, 1990 nllVI~ull()(;t(jIJur,IUUll II ." ~~~j.~. "'~
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situated in Jonnson County, Iowa (the "Land"):
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FILED l!.Q. ~ .-'
8COK..f~q- Ji\CiLJJ..I,.
91 NOV -5 A1110:l~9
Lot six (6) in Plat of Irregular Survey in School Lot 5, Section
sixteen (16), Township seventy-nine (79) north,range six (6) west of the
5tll P.M., according to the plat thereof recorded in Blat Book 3,
page 132, plat records of JohnsonCotnlty, Iowa.
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and all buildings, structures and improvements now standing or at any time hereaner coti$irucliiq,Qf@?~aQ upon ':
the Land (the "Buildings"), including all hereditaments, easements, appurtenances, riparian '(l9\IfS',%h~r~I'~ghts, il
water rights, rights in and to the lands lying in streets, alleys and roads adjoining the land, estates and other rights II
and interests now or hereafter belonging to or in any way pertaining to the Land. !
b. Personal Property. All fixtures and other personal property integrally belonging to, or hereafter becoming an
integral part of the Land or Buildings, whether attached or detached, inciuding but not Iimiled to,light fixtures, shades,
rods, blinds, venetian blinds, awnings, storm windows, screens, linoleum, water softeners, automatic heating and air-
conditioning equipment and all proceeds, products, increase, issue, accessions, attachments, accessories, parts,
additions, repairs, replacements and substitutes of, to, and for the foregoing (the ','Personal Property").
c. Revenues and Income. All rents, issues, profits, leases, condemnation awards and insurance proceeds now or
hereafter arising from the ownership, occupancy or use of the Land, Buildings and Personal Property, or any part
thereof (the "Revenues and Income"),
TO HAVE AND TO HOLD the Land, Buildings, Personal Property and Revenues and Income (collectively called the
"Mortgaged Property"), together with all privileges, hereditaments thereunto now or hereafter belonging, or in any way
appertaining and the products and proceeds thereof, unto Mortgagee, its successors and assigns.
2. Obligations. This Mortgage secures the following (hereinafter COlleclivel~hreferred to as the "Obligations"):
a. The payment of the loan made by Mortgagee to Jilleen T. Foug ty
evidenG.ed by a promissory note dated October 1 , 19 ~ in the principal amount of
$ Z,050.UO withaduedateof February 1, &14 ,any renewals.
extensions, modifications or refinancing thereof and any promissory notes issued in substitution therefor; and
b. All other obligations of Mortgagors to Mortgagee, now existing or hereafter arising, whether direct or indirect,
contingent or absolute and whether as maker or surety, including, but not limited to, future advances and amounts
advanced and expenses incurred by Mortgagee pursuant to this Mortgage.
c.
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contest, in good faith, the existence, amountpr,tjl~ va~~i\y l!1,ar.eofrtl1e1amount of damages caused thereby or the extent of
Mortgagors' liability therefor, by appropriate proceddlrig~ which sh~fbperate during the pendency thereof to prevent (A)
the collection of, or other realization upon the tax, assessment, charge or lien, encumbrances or charge so contested, (B)
the sale, forfeiture or loss of the Mortgaged Property or any part thereof, and (C) any interference with the use of
occupancy of the Mortgaged Property or any part thereof, Mortgagors shall give prompt written notice to Mortgagee of the
commencement of any contest referred to in this paragraph 8,
9. Care of Property. Mortgagors shall take good care of the Mortgaged Property; shall keep the Buildings and
Personal Property now or later placed upon the Mortgaged Property in good and reasonable repair and shall not injure,
destroy or remove either the Buildings or the Personal Property during the term of this Mortgage, Mortgagors shall not
make any material alteration to the Mortgaged Property without the prior written consent of Mortgagee,
10. tnsurance.
a. Risks to be Insured. Mortgagors, at their sole cost and expense, shall maintain insurance on the Buildings and
other improvemenls now existing or hereafter erected on the land and on Ihe Personal Property included in the
Mortgaged Properly against loss by fire, extended coverage perils and such other hazards as Mortgagee may from
time to time require, such insurance to have a "Replacement Cost" endorsement attached thereto, with the amount of
the insurance at least equal to the balance of the Obligations. At Mortgagors' option, such policy may have a
coinsurance clause of not less than 90% of replacement cost provided the policy contains an appropriate form of cosl
escalation endorsement. Mortgagors will at their sole cost and expense, from time to time, and at any, time at the
request of Mortgagee, provide Mortgagee with evidence satisfactory to Mortgagee of the replacement cost of
Mortgaged Property, Mortgagors will maintain such other insurance as Mortgagee may reasonably require.
b, Policy Provisions. All insurance policies and renewals thereof maintained by Mortgagors pursuant to this
Mortgage shall be written by an insurance carrier satisfactory to Mortgagee, contain a mortgagee clause in favor of
and in form acceptable to Mortgagee, contain an agreement of the insurer that it will not amend, modify or cancel the
policy except after thirty (30) days prior written notice to Mortgagee, and be reasonably satisfactory to Mortgagee in
all other respects.
c. Delivery of Policy or Certificate. If requested by Mortgagee, Mortgagors will deliver to Mortgagee original
policies satisfactory to Mortgagee evidencing the insurance which is required under this Mortgage, and Mortgagors
shall promptly furnish to Mortgagee all renewal notices and, upon request of Mortgagee, evidence of payment thereof.
At least ten (10) days prior to the expiration date of a required policy, Mortgagors shall deliver to Mortgagee a renewal
policy in form satisfactory to Mortgagee.
d, Assignment of Policy. If the Mortgaged Property is sold at a foreclosure sale or if Mortgagee shall acquire title
to the Mortgaged Property, Mortgagee shall have all of the right, title and interest of Mortgagors in and to any
insurance policies required hereunder, and the unearned premiums thereon, and in and to the proceeds thereof
resulting from any damage to the Mortgaged Property prior to such sale or acquisition,
e. Notice of Damage or Destruction; Adjusting Loss. II the Mortgaged Property or any part thereof shall be
damaged or destroyed by fire or other casually, Mortgagors will, within five (5) calendar days after the occurrence of
such damage or destruction, give written notice thereof to the insurance carrier and to Mortgagee and will not adjust
any damage or loss which is estimated by Mortgagors in good faith to exceed $25,000 unless Mortgagee shall have
joined in or concurred with such adjustment; but if there has been no adjustment of any such damage or loss within
four (4) months from the date of occurrence thereof and if an Event of Defaull shall exist at the end of such four (4)
month period or at any time thereafter, Mortgagee may alone make proof of loss, adjust and compromise any claim
under the policies, and appear in and prosecute any action arising from such policies. In conneclion therewith,
Mortgagors do hereby irrevocably authorize, empower and appoint Mortgagee as attorney-in.fact for Mortgagor
(which appointment is coupled with an interest) to do any and all of the foregoing in the name and on behall
of Mortgagors.
f. Application of Insurance Proceeds. All sums paid under any insurance policy required by this Mortgage shall
be paid to Mortgagee, which shall, at its option, apply the same (after first deducting therefrom Mortgagee's expenses
Incurred in collecting the same including but not limited to reasonable attorneys' fees) to the reduction of the
Obligations or to the payment of the restoration, repair, replacement or rebuilding of Mortgaged Proper~ that is
damaged or destroyed in such manner as Mortgagee shall determine and secondly to the reduction of the
Obligations. Any application of insurance proceeds to principal of the Obligations shall not extend or postpone the due
date of the installments payable under the Obligations or change the amount of such installments,
g, Reimbursement of Mortgagee's Expenses. Mortgagors shall promptly reimburse Mortgagee upon demand
for all of Mortgagee's expenses incurred in connection with the collection of the insurance proceeds, inclUding but not
limited to reasonable attorneys' fees, and all such expenses shall be additional amounts secured by this Mortgage,
11. Inspection. Mortgagee, and its agents, shall have the right at all reasonable times, to enter upon the Mortgaged
Property for the purpose of inspecting the Mortgaged Property or any part thereof. Mortgagee shall, however, have no
duty to make such inspection. Any inspection of the Mortgaged Property by Mortgagee shall be entirely for its benefit and
Mortgagors shall in no way rely or claim reliance thereon.
12. Protection of Mortgagee's Security. Subject to the rights of Mortgagors under paragraph 8 hereof, if
Mortgagors fail to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding
is commenced which affects the Mortgaged Property or the interest of the Mortgagee therein, or the title thereto, then
Mortgagee, at Mortgagee's option, may perform such covenants and agreements, defend against or invesligate such
action or proceeding, and take such other action as Mortgagee deems necessary to protect Mortgagee's interest. Any
amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph 12 with interest thereon
at the rate of _ % per annum, shall become an Obligation of Mortgagors secured by this Mortgage, Such amounts
advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagors unless Mortgagors
and Mortgagee agree in writing to other terms of repayment. Mortgagee shall, at its option, be subrogated to the lien of any
mortgage or other lien discharged in whole or in part by the Obligations or by Mortgagee under the provisions hereof, and
any such subrogation rights shall be additional and cumulative security for this Mortgage, Nothing contained in this
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10. Insurance.
a. Risks to be Insured. Mortgagors, at their sole cost and expense, shall maintain insurance on the Buildings and
other improvements now existing or hereafter erected on the Land and on the Personal Property included in the
Mortgaged Property against loss by fire, extended coverage perils and such other hazards as Mortgagee may from
time to time require, such insurance to have a "Replacement Cost" endorsement attached thereto, with the amount of
Ihe insurance at least equal to the balance of the Obligations. At Mortgagors' option, such policy may have a
coinsurance clause of not less than 90% of replacement cost provided the policy contains an appropriate form of cost
escalation endorsement. Mortgagors will at their sole cost and expense, from time to time, and at any, time at the
request of Mortgagee, provide Mortgagee with evidence satisfactory to Mortgagee of the replacement cost of
Mortgaged Property, Mortgagors will maintain such other insurance as Mortgagee may reasonably require,
b. Policy Provisions. All insurance policies and renewals thereof maintained by Mortgagors pursuant to this
Mortgage shall be written by an insurance carrier satisfactory to Mortgagee, contain a mortgagee clause in favor of
and in form acceptable to Mortgagee, contain an agreement of the insurer that it will not amend, modify or cancel the
policy except after thirty (30) days prior written notice to Mortgagee, and be reasonably satisfactory to Mortgagee in
all other respects,
c. Delivery of Policy or Certificate. If requested by Mortgagee, Mortgagors will deliver to Mortgagee original
policies satisfactory to Mortgagee evidencing the insurance which is required under this Mortgage, and Mortgagors
shall promptly furnish to Mortgagee all renewal notices and, upon request of Mortgagee, evidence of paymenl thereof.
At least ten (10) days prior to the expiration date of a required policy, Mortgagors shall deliver to Mortgagee a renewal
policy in form satisfactory to Mortgagee.
d. Assignment of Policy. If the Mortgaged Property is sold at a foreclosure sale or if Mortgagee shall acquire title
to the Mortgaged Property, Mortgagee shall have all of the right, title and interest of Mortgagors in and to any
insurance policies required hereunder, and the unearned premiums thereon, and in and to the proceeds thereof
resulting from any damage to the Mortgaged Property prior to such sale or acquisition.
e. Notice of Damage or Destruction; Adjusting Loss. If the Mortgaged Property or any part thereof shall be
damaged or destroyed by fire or other casualty, Mortgagors will, within five (5) calendar days after the occurrence of
such damage or destruction, give written notice thereof to the insurance carrier and to Mortgagee and will not adjust
any damage or loss which is estimated by Mortgagors in good faith to exceed $25,000 unless Mortgagee shall have
joined in or concurred with such adjustment; but if there has been no adjustment of any such damage or loss wilhin
four (4) months from the date of occurrence thereof and if an Event of Default shall exist at the end of such four (4)
month period or at any time thereafter, Mortgagee may alone make proof of loss, adjust and compromise any claim
under the policies, and appear in and prosecute any action arising from such policies, In connection therewilh,
Mortgagors do hereby irrevocably authorize, empower and appoint Mortgagee as attorney-in-fact for Mortgagor
(which appointment is coupled with an interest) to do any and alt of the foregoing in the name and on behalf
of Mortgagors.
f. Application of Insurance Proceeds. All sums paid under any insurance policy required by this Mortgage shall
be paid to Mortgagee, which shall, at ils option, apply the same (after first deducting therefrom Mortgagee's expenses
incurred in collecling the same including but not limited to reasonable attorneys' fees) 10 the reduction of the
Obligations or to the payment of the restoration, repair, replacement or rebuitding of Mortgaged Property that is
damaged or destroyed in such manner as Mortgagee shall determine and secondly to the reduclion of the
Obligalions. Any application of insurance proceeds to principal of the Obligalions shall not extend or postpone the due
date of the installments payable under the Obligations or change the amount of such installments.
g, Reimbursement of Mortgagee's Expenses. Mortgagors shalt promptly reimburse Mortgagee upon demand
for all of Mortgagee's expenses incurred in connection with the collection of the insurance proceeds, including but not
limited to reasonable attorneys' fees, and all such expenses shall be additional amounts secured by this Mortgage.
11. Inspection. Mortgagee, and its agents, shall have the right at all reasonable times, to enter upon the Mortgaged
Property for the purpose of inspecting the Mortgaged Property or any part thereof. Mortgagee shall. however, have no
duty to make such inspeclion. Any inspeclion of the Mortgaged Property by Mortgagee shall be entirely for its benefit and
Mortgagors shall in no way rely or claim reliance thereon,
12. Protection of Mortgagee's Security. Subject to the rights of Mortgagors under paragraph 8 hereof, if
Mortgagors fail to perform any of the covenants and agreements contained in this Mortgage or if any action or proceeding
is commenced which affects the Mortgaged Property or the interest of the Mortgagee therein, or the title thereto, then
Mortgagee, at Mortgagee's option, may perform such covenants and agreements, defend against or investigate such
action or proceeding, and take such other action as Mortgagee deems necessary to protect Mortgagee's inlerest. Any
amounts or expenses disbursed or incurred by Mortgagee in good faith pursuant to this paragraph 12 wilh interest thereon
al the rate of _ % per annum, shall become an Obligation of Mortgagors secured by this Mortgage. Such amounts
advanced or disbursed by Mortgagee hereunder shall be immediately due and payable by Mortgagors unless Mortgagors
and Mortgagee agree in writing to other terms of repayment. Mortgagee shall, at its option, be subrogated to the lien of any
mortgage or other lien discharged in whole or in part by the Obligations or by Mortgagee under the provisions hereof, and
any such subrogation rights shall be additional and cumulative security for this Mortgage, Nothing contained in this
paragraph shall require Mortgagee to incur any expense or do any act hereunder, and Mortgagee shall not be liable 10
Mortgagors for any damage or claims arising out of action taken by Mortgagee pursuant to this paragraph,
13. Condemnation. Mortgagors shall give Mortgagee prompt notice of any action, actual or threatened, in
condemnation or eminent domain and hereby assign, transfer and set over to Mortgagee the entire proceeds of any award
or claim for damages for all or any part of the Mortgaged Property taken or damaged under the power of eminent domain
or condemnation, Mortgagee is hereby authorized to intervene In any such action in the names of Mortgagors, to
compromise and set lie any such action or claim, and to collect and receive from the condemning authorities and give
proper receipts and acquittances for such proceeds. Any expenses incurred by Mortgagee in intervening in such aclion or
compromising and seWing such action or claim, or collecting such proceeds shall be reimbursed to Mortgagee first out of ,;
the proceeds. The remaining proceeds or any part thereof shall be applied to reduction of that portion of the Obligations c\'
then most remotely to be paid, where due or not, or to the restoration or repair of the MoW/aged Property, the choice of lJ nfl.. "
application 10 be solelyatthe discretion of Mortgagee, lJ~~ .129~ r~ I: 12~ ~&.I'" ?~~:~, . '.
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. 14. ,~ixlu~e Filing. From the date of its recording, this,Mortg~g,e shall b!l,~~,ctive as a financing statement filed as a
fixture filing With respect to the Personal Property and for this p'qrjl9~e II\\l naR\e)j!ld address of the debtor is the name and
address of Mortgagors as set forth in paragraph 20 herein and the name and address of the secured party is the name and
address of the Mortgagee as set forth in paragraph 20 herein,
15. Events of Default. Each of the following occurrences shall constitute an event of default hereunder ("Event
of Default"): '
a. Mortgagors shall default in the due observance or performance of or breach its agreement contained in
paragraph 4 hereof or shall default in that due observance or performance of or breach any other covenant,
condition or agreement on its part to be observed or performed pursuant to the terms of this Mortgage.
b. Mortgagors shall make an assignment for the benefit of its creditors, or a petition shall be filed by or against
Mortgagors under the United States Bankruptcy Code or Mortgagors shall seek or consent to or acquiesce in the
appointment of any trustee, receiver or liquidator of a material part of its properties or of the Mortgaged Property
or shall not, within thirty (30) days after the appointment of a trustee, receiver or liquidator of any material part of
its properties or of the Mortgaged Property, have such appointment vacated.
c. A judgment, writ or warrant of attachment or execution, or similar process shall be entered and become a lien
on or be issued or levied against the Mortgaged Property or any part thereof which is not released, vacated or
fully bonded within thirty (30) days after its entry, issue or levy,
d. An event of default, however defined, shall occur under any other mortgage, assignment or other security
document constituting a lien on the Mortgaged Property or any part thereof.
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16. Acclerationj Foreclosure. Upon the occurrence of any Event of Default and at any time thereafter while
such Event of Default exists, Mortgagee may, at its option, exercise one or more of the following rights and remedies
(and any other rights and remedies available to it):
a. Mortgagee may declare immediately due and payable all Obligations secured by this Mortgage, and the
same shall thereupon be immediately due and payable, without further notice of demand.
b, Mortgagee shall have and may exercise with respect to the Personal Property, all the rights and remedies
accorded upon default to a secured party under the Iowa Uniform Commercial Code. If notice to Mortgagors of
intended disposition of such property is required by law in a particular instance, such notice shall be deemed
commercially reasonable if given to Mortgagors at least ten (10) days prior to the date of intended disposition.
c, Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with
the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the
period of redemption, the court having jurisdiction of the case shall at the request of Mortgagee appoint a receiver
to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom,
and to rent or cultivate the same as he may deem best for the interest of all parties concerned, and such receiver
shall be liable to account to Mortgagors only for the net profits, after application of rents, issues and profits upon
the costs and expenses of the receivership and foreclosure and upon the Obligations.
17. Redemption. It is agreed that if this Mortgage covers less than ten (10) acres of land, and in the event oflhe
foreclosure of this Mortgage and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one
year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months
provided the Mortgagee, in such action files an election to waive any deficiency judgment against Mortgagors which
may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code,
If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be
exclusive to the Mortgagor, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa' Code shall be
reduced to four (4) months.
It is furlher agreed that the period of redemption after a foreclosure of this Mortgage shall be reduced to sixty (60)
days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the
Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally
liable under this Mortgage at the time of such foreclosure; and (3) Mortgagee in such action files an election to waive
any deficiency judgment against Mortgagors or their successor in interest in such action, If the redemplion period is so
reduced, Mortgagors or their successors in interest or the owner shall have the exclusive right to redeem for the first
Ihirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628,5,
628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket
entry by or on behalf of Mortgagors shall be presumption that the property is not abandoned, Any such redemption
period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code, This paragraph shall not be
construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code,
18. Attorneys' Fees. Morlgagors shall pay on demand all costs and expenses incurred by Mortgagee in
enforcing or protecting its rights and remedies hereunder, including, but not limited to, reasonable attorneys' fees and
legal expenses,
19. Forbearance not a Waiver, Rights and Remedies Cumulative. No delay by Mortgagee in exercising
any rightor remedy provided herein or otherwise afforded by law or equity shall be deemed a waiver of or preclude the
exercise of such right or remedy, and no waiver by Mortgagee of any particular provisions of this Mortgage shall be
deemed eflective unless in writing signed by Mortgagee, All such rights and remedies provided for herein or which
Mortgagee or the holder of the Obligations may have otherwise, at law or in equity, shall be distinct, separate and
cumulative and may be exercised concurrentiy, independently or successively In any order whatsoever, and as often
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b. Mortgag~rs shall make an assignment for the b~nefil of its creditors, or a petition shall be filed by or against
Mortgagors under the United States Bankruptcy Code or Mortgagors shall seek or consent to or acquiesce in the
appointment of any trustee, receiver or liquidator of a material part of its properties or of the Mortgaged Property
or shall not, wilhin thirty (30) days after the appointment of a trustee, receiver or liquidator of any material part of
its properties or of the Mortgaged Property, have such appointment vacated.
c. A judgment, writ or warrant of attachment or execution, or similar process shall be entered and become a lien
on or be issued or levied against the Mortgaged Property or any part thereof which is not released, vacated or
fully bonded within thirty (30) days after ils entry, issue or levy.
d. An event of default, however defined, shall occur under any other mortgage, assignment or other security
document constituting a lien on the Mortgaged Property or any part thereof.
e. .
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16. Acclerationj Foreclosure. Upon the occurrence of any Event of Default and at any time thereafter while
such Event of Default exists, Mortgagee may, at its option, exercise one or more of the following rights and remedies
(and any other rights and remedies available to it):
a, Mortgagee may declare immediately due and payable all Obligations secured by this Mortgage, and the
same shall thereupon be immediately due and payable, without further notice pf demand.
b. Mortgagee shall have and may exercise wilh respect to the Personal Property, all the rights and remedies
accorded upon defaullto a secured party under the Iowa Uniform Commercial Code. If notice to Mortgagors of
intended disposition of such property is required by law in a particular instance, such notice shall be deemed
commercially reasonable if given to Mortgagors at least ten (10) days prior to the date of intended disposition,
c. Mortgagee may (and is hereby authorized and empowered to) foreclose this Mortgage in accordance with
the law of the State of Iowa, and at any time after the commencement of an action in foreclosure, or during the
period of redemption,lhe court having jurisdiction of the cas'e shall at the request of Mortgagee appoint a receiver
to take immediate possession of the Mortgaged Property and of the Revenues and Income accruing therefrom,
and to rent or cultivate the same as he may deem best for the interest of all parties concerned, and such receiver
shall be liable to account to Mortgagors only for the net profits, after application of rents, issues and profits upon
the costs and expenses of the receivership and foreclosure and upon the Obligations.
17. Redemption. It is agreed that if this Mortgage covers less than ten (10) acres of land, and in the event of the
foreclosure of this Mortgage and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one
year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months
provided the Mortgagee, in such action file'; an election to waive any deficiency judgment against Mortgagors which
may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code,
If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be
exclusive to the Mortgagor, and the time periods in Sections 628.5, 628.15 and 628.16 of the 10wa'Code shall be
reduced to four (4) months.
It is further agreed that the period of redemption after a foreclosure of this Mortgage shall be reduced to sixty (60)
days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the
Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally
liable under this Mortgage at the time of such foreclosure; and (3) Mortgagee in such action files an election to waive
any deficiency judgment against Mortgagors or their successor in interest in such aclion.1f the redemption period is so
reduced, Mortgagors or their successors in interest or the owner shall have the exclusive right to redeem for the first
thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5,
628,15 and 628.16 of the Iowa Code shall be reduced to forty (40) days, Entry of appearance by pleading or docket
entry by or on behalf of Mortgagors shall be presumption that the property is not abandoned, Any such redemplion
period shall be consistent wilh all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be
construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code,
18. Attorneys' Fees. Mortgagors shall pay on demand all costs and expenses incurred by Mortgagee in
enforcing or protecting its rights and remedies hereunder, including, but nottimiled to, reasonable attorneys' fees and
legal expenses. '
19, Forbearance not a Waiver, Rights and Remedies Cumulative. No delay by Mortgagee in exerCising
any right or remedy provided herein or otherwise afforded by law or equily shall be deemed a waiver of or preclude the
exercise of such right or remedy, and no waiver by Mortgagee of any particular provisions of this Mortgage shall be
deemed effective unless in writing signed by Mortgagee. All such rights and remedies provided for herein or which
Mortgagee or the holder of the Obligations may have otherwise, allaw or in equily, shall be distinct, separate and
cumulative and may be exercised concurrently, independently or successively in any order whatsoever, and as often
as the occasion therefor arises.
20. Notices. All notices required to be given hereunder shall be in writing and deemed given when personally
delivered or deposited in the United stales mail, postage prepaid, sent certified or registered, addressed as follows:
a. If to Mor!9agor91. to:
Eireen I., Foughty
402,W. Benton St.
Iowa City"Iowa 52246
b. If to Mortgagee, to:,
City of Iowa City
410 E.. Washington St.
Iowa City, IA 52240
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or to such other address or person as hereafter designated ihlWrit~n):tiJtt{~ appiib~bi1 party in the manner provided in
this paragraph for the giving of notices. ' " '
21. Severability. In the event any portion of this Mortgage shall, for any reason, be held to be invalid, illegal or
unenforceable in whole or in part, the remaining provisions shall not be affected thereby and shall continue to be vatid
and enforceable and if, for any reason, a court finds that any provision of this Mortgage is invalid, illegal, or
unenforceable as written, but that by limiting such provision it would become valid, legal and enforceable then such
provision shall be deemed to be written, construed and enforced as so limited.
22. Further Assurances. At any time and from time to time untit payment in full of the Obligations, Mortgagors
will, at the request of Mortgagee, promptly execute and deliver to Mortgagee such additional instruments as may be
reasonably required to further evidence the lien of this Mortgage and to further protect the security interest of
Mortgagee with respect to the Mortgaged Property, including, but not limited to, additional security agreements,
financing statements and continuation statements. Any expenses incurred by Mortgagee in connection with the
recordation of any such instruments shall become additional Obligations of Mortgagors secured by this Mortgage.
Such amounts shall be immediately due and payable by Mortgagors to Mortgagee.
23, Successors and Assigns bound; Number; Gender; Agents; Captions. The rights, covenants and
agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives,
successors and assigns of the parties, Words and phrases contained herein, including acknowledgement hereof,
shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender accoridng to the
contexts. The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be
used to interpret or define the provisions hereof.
24. Governing Law. This Mortgage shall be governed by and construed in accordance with the laws of the State
of Iowa.
25. Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby
relinquishes all rights of dower, homestead and distributive share in and to the Mortgaged Property and waives all
rights of exemption as to any of the Mortgaged Property, '
26. Acknowledgement of Receipt of Copies of Debt Instrument. Mortgagors hereby acknowledge the
receipt of a copy of this Mortgage together with a copy of each promissory note secured hereby.
27. Additional Provisions.
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Dated:
October l' "
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I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF
CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE,I VOLUNTARILY
GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS
BASED UPON THIS MORTGAGE.
Dated:
loll
,191ft
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, Dated:
STATE OF 10WAVo )
/ ) SS:
COUNTY OF 11/vrJ:vrvv )
On this / U, day bf " do-6-etG'
Public, personally ,app.~ared
: 191/, before me,the undersigned, a Notary ,
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to m wn to be t identical persons named in and who executed
the fore~?~n.~!n:t~~.~e~t! and ~~~1edged that they e ecute the same ~helr voluntary act and deed.
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reasonably required to further evidence the lien of this Mortgage and to further protect the security interest of
Mortgagee with respect to the Mortgaged Property, including, but not limited to, additional security agreements,
financing statements and continuation statements. Any expenses incurred by Morlgagee in connection with the
recordation of any such instruments shall become additional Obligations of Mortgagors secured by this Mortgage.
Such amounts shall be immediately due and payable by Mortgagors to Mortgagee.
23. Successors and Assigns bound; Number; Gender; Agents; Captions. The rights, covenants and
agreements contained herein shall be binding upon and inure to the benefit of the respective legal representatives,
successors and assigns of the parties, Words and phrases contained herein, including acknowledgement hereof,
shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender accoridng to the
contexts, The captions and headings of the paragraphs of this Mortgage are for convenience only and are not to be
used to interpret or define the provisions hereof. '
24. Governing Law. This Mortgage shall be governed by and construed in accordance with the laws of the State
of Iowa.
25. Release of Rights of Dower, Homestead and Distributive Share. Each of the undersigned hereby
relinquishes all rights of dower, homestead and distributive share in and to the Mortgaged Property and waives all
rights of exemption as to any of the Mortgaged Properly. '
26. Acknowledgement of Receipt of Copies of Debt Instrument. Mortgagors hereby acknowledge the
receipt of a copy of this Mortgage together with a copy of each promissory note secured hereby.
27. Additional Provisions.
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October 1 ' !, "
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I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF
CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS MORTGAGE, I VOLUNTARILY
GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS MORTGAGED PROPERTY WITH RESPECT TO CLAIMS
BASED UPON THIS MORTGAGE.
Dated:
10/ I
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STATE OF IOWAOo )
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COUNTY OF Il/~ )
On this ) J;.:L. d~y 01 ,. (j~/l)
Public, personallyapp.~ared
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to m wn to be t identical persons named in and who executed
the fOre~?~n~!n~st~.~e.nt[and ~~~~edged that they e ecule the same ~heir voluntary acl and deed.
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CDBG 90-2
REHABIUTATION AGREEMENT
FOR REHABIUTATlON LOANS
A. General. This Agreement sets forth City requirements with respect to terms and
conditions to which an applicant must agree in order to obtain a rehabilitation loan.
B. Rehabilitation Loan Conditions. . The specific terms and conditions with respect to
rehabilitation loans to a residential property are Incorporated in the Promissory Note.
1. Cancellation Provision. The City has a right to cancel a loan if within 60
days from the note's execution the rehabilitation work has not commenced. The
City may extend this period by not more than 30 days, due to unforeseen and
extenuating circumstances.
2. Additional Extension. The Rehabilitation Officer shall not grant any further
extensions of time without prior written concurrence by the CDBG Program
Coordinator. If the loan is to be canceled because of failure to begin anticipated
rehabilitation work within the allowed period of time, the Rehabilitation Officer shall '
initiate cancellation.
,
c.
Interest Rate. The interest rate shall be 3%
, of the note.
on the unpaid principal amount,
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Term of Loan. The maximum term for a rehabilitation loan shall be 3 years .
Termination of occupancy either by sale, transfer or rental shall requrre the unpaid
principal of the Loan due. ..
E.
Points of Aareement. The applicant shall agree, as required by the related documents,
to abide by the following terms and conditions: .
1. Civil Rlahts. Comply with all Federal and City requirements with respect to the
Civil Rights Acts of 1964 and 1968, and the 1988 Fair Housing Amendments Act
to not, discriminate upon the basis of race, color, creed, religion, national origin,
age, sex, marital status, disability and sexual orientation, presence or absence of
dependents, or public assistance source of Income, in the sale, lease, rental, use
or occupancy of the subject property.
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2. Use of Proceeds. Use the loan proceeds only to pay for costs of services and
materials necessary to carry out the rehabilitation work for which the loan is
approved. .
3. Comoletlon of Work. Assure that the rehabilitation work shall be carried out
promptly and efflcl~ntly through written contract. Failure to complete the
rehabilitation work or failure to comply with these terms and conditions may result
In the applicant being declared In default.
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,4. Right to Terminate Contract and Comolete the Work. If the owner is declared in
default of the Rehabilitation Agreement, the City may elect to cancel the loan or
to proceed to complete the rehabilitation.
Cancellation of the loan shall be by written notice by certified mail, and shall
require that the full amount of rehabilitation assistance provided to the date of
cancellation shall become due and payable.
If the rehabilitation on projects other than self-help projects can be completed with
the funds escrowed for the project, the City may finish the work by whatever
method it deems expedient. The cost of said completion shall be part of the
loan/lien on the rehabilitated property.
5. Inelloible Contractors. Not award any contract for rehabilitation work to be paid
for in whole or in part with the proceeds of the loan to any contractor, who, at the
time, is ineligible under the provision of any applicable regulation issued by the
Secretary of Labor to receive an award of such contract.
Inspection. Permit inspection by the City or its designee of the property, the
rehabilitation work, and all contracts, materials, equipment, payrolls, and
conditions of employment pertaining to the work.
6.
7.
Records. Keep such records as maybe required by the City with respect to the
rehabilitation work.
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. 8. Bonus, Commission, or Fee. Not pay any bonus, commission, or fee for the
purpose of obtaining the City's approval of the loan application, or any other
approval or concurrence required by the City or its designee to complete the
rehabilitation work, financed in whole or In part with the rehabilitation loan.
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9. Interest of the City. Allow no member of the governing body of the City who
exercises any functions or responsibilities in connection with the administration of
the rehabilitation project, and no other officer or employee of the City who
exercises such functions or responsibilities to have any direct interest in the
proceeds of the rehabilitation loan, or in any contract entered into by the applicant
for the periormance of work financed, in whole or In part, with the proceeds of the
rehabilitation loan.
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10. Preservation of the Securltv. Maintain the property according to the requirements
of the Housing Code and permit the City or Its designee to Inspect the property
during the term of the loan.
11. Transfer of the Property. Not sell, rent or tra~sfer the property without repaying
such portions of the loan as required by the terms of the loan, unless prior written
consent of the City Is sought and received.
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12. Flood Insurance. If properly is located in a designated flood hazard area, the
owner agrees to:
(1) . Purchase the requisite flood insurance coverage.
(2) Renew and maintain the coverage so that the flood insurance policy does
not lapse during the term of the loan.
(3) Provide proof of insurance coverage to the City.
13. Hazard Insurance, Maintain hazard insurance on the properly with a loss payable
clause to the City.
14. Non-Discrimination in Contractina. Cooperate with the City to encourage the use
of minority and women's business enterprises and locally owned businesses for
the rehabilitation work to be financed with the loan.
15. Historic Preservation. Cooperate with the City In complying with applicable local,
state and federal historic preservation laws and ordinances.
,
16. Lead-Based Paint. It is understood that under Federal Conditions of this program,
any lead-based paint hazard must be corrected and this may involve an additional
loan or change order to' correct the lead-based paint hazard.
,',
17. . Grievance Procedure.
a.
Fillna. The Housing Commission's Jurisdiction may be invoked by or on
behalf of any aggrieved person by filing a grievance with the Housing
Commission. A grievance must be flied at the Office of the City Clerk for
the City of Iowa City. Grievances shall be filed In a timelv manner and
must be received by the City of Iowa City within one year of final payment
by the City of loan subsldv funds In connection with rehabilitation work.
The communication of the action shall be In written form and should
contain a short, concise statement of the grievance and explanation of
action desired. The aggrieved person may seek the assistance of the staff
of the Department of Planning & Program Deveiopment in filing of an
action. No filing or processing fees shall be required of any aggrieved
person involving the Committee Jurisdiction.
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b.
Notice. The Housing Commission shall fix a reasonable time for hearing
actions and the Department of Planning & Program Development shall give
notice in writing of the time and place 'of the hearing to the aggrieved
person. In no event shall the hearing be held more than 30 calendar days
following receipt of the grievance at the Office of the City Clerk. Recording
Secretary of the Housing Commission shall be responsible for coordlnat.
Ing and scheduling the hearing with the Chairperson of the Housing
Commission. At the hearing, the aggrieved may appear In person, by
agent or by attorney. If the grievance Is resolved prior to the date of the
hearing, the aggrieved party shall request in writing that the grievance be
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RESOLUTION NO. ql,-,?,
1'1\-1-,.
RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF AN APPROXIMATE
1.02 ACRE PARCEL OF LAND LOCATED NORTH ON SCOTT PARK DRIVE
EXTENDED.
WHEREAS, Plum Grove Acres, Inc. owns an approximate 1.02 acre parcel of land located north
on Scott Park Drive extended; and
WHEREAS, Diane Boyd, on behalf of property owner Plum Grove Acres, Inc., has requested
annexation of the 1.02 acre parcel into the City of Iowa City, Iowa; and
WHEREAS, this tract is contiguous to the corporate limits of the City; and
WHEREAS, pursuant to Iowa Code ~368.7 (19931, notice of the application for annexation was
sent by certified mail to the Johnson County Board of Supervisors and the East Central Iowa
Council of Governments; and
WHEREAS, the Johnson County Board of Supervisors and the East Central Iowa Council of
Governments have made no comment on the proposed annexation.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
1.
The following described land shall be voluntarily annexed to the City of Iowa City, Iowa:
Beginning at the Northeast Corner of Lot 64, of Scott Boulevard
East, Part Two, in accordance with the Plat thereof, Recorded in
Plat Book 33, at Page 225, of the Records of the Johnson County
Recorder's Office; Thence S89014'45"W, (A RECORDED BEAR-
ING), along the North Line of said Subdivision, 22.39 feet, to its
intersection with the existing Corporate Limit Line of the City of
Iowa City; Thence NOoo53'13"W, 110.00 feet along said Corporate
Line; Thence N89D14'45"E, 399.21 feet, to a Point on the Line of
the Existing Fence; Thence SOoo21'31 "E, along said Line of
Existing Fence, 111.00 feet, to its intersection with the North Line
of said Scott Boulevard East, Part Two; Thence S89014'45"W, (A
RECORDED BEARINGI, along said North Line, 375.81 feet, to the
Point of Beginning. Said Tract of Land contains 1.02 Acres, more
or less, and is subject to easements and restrictions of record.
2.
The City Clerk is hereby authorized and directed to certify and file the necessary
documents as required by Iowa Code, ~ 368. 7,
3. Further, the City Clerk is hereby authorized and directed to certify and file all necessary
documents for certification of the population of the annexed territory to Johnson County,
said population being zero.
Passed and approved this 11 th
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Resolution .No. 94-323.'
Page 2- '
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It was moved by Throgmorton and seconded by
adopted, and upon rol~ call there were:
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RESOLUTION NO. 94-323
RESOLUTION APPROVING THE VOLUNTARV ANNEXATION OF AN APPROXIMATE
1.02 ACRE PARCEL OF LAND LOCATED NORTH ON SCOTT PARK DRIVE
EXTENDED.
WHEREAS, Plum Grove Acres, Inc. owns an approximate 1.02 acre parcel of land,'ated north
on Scott Park Drive extended; and
WHEREAS, Diane Boyd, on behalf of property owner Plum Grove Acres, Inc., has requested
annexation of e 1.02 acre parcel into the City of Iowa City, Iowa; and'
-,
WHEREAS, this tr ct is contiguous to the corporate limits of the 7ity; and
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WHEREAS, pursuant 0 Iowa Code ~368. 7 (1993), notice of ;t1'e application for annexation was
sent by certified mail the Johnson County Board of Sypervisors and the East Central Iowa
Council of Governments, and /
WHEREAS, the Johnson unty Board of superviJofs' and the East Central Iowa Council of
Governments have made no omment on the pro~sed annexation.
NOW, THEREFORE, BE IT RES LVED BY TIf'CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT: I
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The following described Ian ~~~)I'be voluntarily annexed to the City of Iowa City, Iowa:
Beginning at the North~~st Corner of Lot 64, of Scott Boulevard
East, Part Two, in ac'coraance with the Plat thereof, Recorded in
Plat Book 33, at Pa6e 22~ of the Records of the Johnson County
Recorder's Offic~;' Thence \~B9014'45"W, (A RECORDED BEAR-
ING), along tho/North Line o'f said Subdivision, 22.39 feet, to its
intersection ':'}'lth the existing 'corporate Limit Line of the City of
Iowa City; Thence NOoo53'13"W, 110.00 feet along said Corporate
Line; Then?~ NB90 14'45"E, 399\21 feet, to a Point on the Line of
the Exis~ing Fence; Thence SOO~21 '31 "E, along said Line of
Existing;Fence, 111 .00 feet, to its i~tersection with the North Line
of saiejlScotl Boulevard East, Part Tw?; Thence SB9014'45"W, (A
REC RDED BEARINGI, along said North Line, 375.81 feet, to the
Poi of Beginning. Said Tract of Land\~ontains 1.02 Acres, more
or ess, and is subject to easements and restrictions of record.
The C' y Clerk is hereby authorized and dire~~? to certify and file the necessary
docu ents as required by Iowa Code, ~36B.7, \
Fu her, the City Clerk is hereby authorized and dire~d to certify and file all necessary
d cuments for certification of the population of the annexed territory to Johnson County.
11 ~h day of \ 1994.
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RESOLUTION APPROVING THE VOLUNT ARV ANNEXATION OF AN APPRO XI-
ATE 1.02 ACRE PARCEL OF LAND LOCATED NORTH ON SCOTT PARK
DRIVE EXTENDED.
WHERE S/ Plum Grove Acres, Inc. owns an approximate 1.02 acre parcel of land located
north on cott Park Drive extended; and
WHEREAS, iane Boyd, on behalf of property owner Plum Grove Acres, c., has requested
annexation 0 the 1.02 acre parcel into the City of Iowa City, Iowa; a
WHEREAS, this act is contiguous to the corporate limits of the ity; and
WHEREAS, pursuan to Iowa Code ~368.7 (1993), notice 0 the application for annexation
was sent by certified ail to the Johnson County Board 0 upervisors and the East Central
Iowa Council of Govern ents; and
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WHEREAS, the Johnson C unty Board of Superviso s and the East Central Iowa Council of
Governments have made no omment on the pro sed annexation.
NOW, THEREFORE, BE IT RES VED BY THE ITY COUNCIL OF THE CITY OFIOWA CITY,
IOWA, THAT:
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Beginning at the Nort as Corner of Lot 64/ of Scott Boulevard
East, Part Two, in a ordan e with the Plat thereof, Recorded in
Plat Book 33, at age 225, of the Records of the Johnson
County Recorder' Office; Then e S890 14' 45"W, (ARECORDED
BEARINGl, alon the North Line f said Subdivision, 22.39 feet,
to its intersec on with the existi Corporate Limit Line of the
City of Iowa ity; Thence NOo053' "W, 110.00feet along said
Corporate ne; Thence N89 0 14'45" 399.21 feet, to a Point on
the Line 0 the Existing Fence; Thence 00021 '31 "E, along said
Line of isting Fence, 111.00 feet, to s intersection with the
North ine of said Scott Boulevard Ea , Part Two; Thence
S890 4'45"W, (A RECORDED BEARING), ong said North Line,
37 .81 feet, to the Point of Beginning. aid Tract of Land
co tains 1.02 Acres, more or less, and is sul:l'ect to easements
a d restrictions of record.
1. The following described Ian sha be voluntarily annexed to the City of Iowa City,
Iowa:
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The Ity Clerk is hereby authorized and directed to ce tify and file the necessary
doc ments as required by Iowa Code, ~368.7.
MAYOR
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d approved this day of
ATTEST:
CITY CLERK
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SECRETARY OF STATE
STATEHOUSE
STATE OF IOWA
DES MOINES 50319
ELAINE BAxTER
SECRETARY OF STATE
515.281.8993
FAX: 515.242.5952
November 7,1994
Iowa city City Clerk
civic Center
410 E. washington
Iowa City, IA 52240-1826
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#94-323 approvlng voluntary
annexation to the city
RE: Resolution
of Iowa city
Dear city Clerk:
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You are hereby notified that the resolution, plat map, and other
documents pertaining to the voluntary annexation of nonurbanized
territory to the city of Iowa city have been reviewed by this
office and comply with requirements of section 368.7, 1993 Code of
Iowa.
You may consider the annexation filed as of November 7, 1994.
Sincerely,
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Elaine Baxter'
Secretary of State
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September 28, 1994
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CITY OF IOWA CITY
John Cruise, Attorney
Barker, Cruise, Kennedy & Houghton
920 S. Dubuque St.
P.O. Box 2000
Iowa City, IA 52244
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Re: ANN94-0006, REZ94-0011
Dear John:
On Monday, September 26, 1994, I received your letter dated September 23, 1994, requesting expedited
, consideration for the Diane Boyd-Plum Grove Acres, Inc. annexation and rezoning request. The present City
Council's policy is to hold the public hearing and the first reading of an ordinance amendment at separate
meetings unless the public hearing is continued from a previous meeting.
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In this case, the public hearings on the annexation and rezoning were held on September 27, 1994. The
Council closed the public hearing on the annexation, but continued the public hearing on the rezoning to
October 11, 1994, to allow time for the conditional zoning agreement to be revised and signed. The Council
desires to add a condition to the agreement to require City building inspection and approval of the Diane
Boyd house. Please contact Sarah Holecek, Assistant City Attorney, at 356-5030 regarding the conditional
zoning agreement revisions and signatures.
It is anticipated that City Council consideration of the annexation resolution, and the continued public hearing
and first reading of the rezoning ordinance amendment will occur at the October 11, 1994, Council meeting.
I will forward your request for expedited consideration to the City Council. If the Council concurs with the
request to expedite, the second and third readings of the rezoning ordinance could be collapsed at its
October 25, 1994, meeting. If you have any questions about the Council's schedule concerning the
Boyd/Plum Grove Acres, Inc. annexation and rezoning items, please feel free to call1lle at 356-5251.
,!'
Sincerely,
~t.~..~00 ~
Melody Rockwell
Associate Planner
c. Diane Boyd, Applicant
Plum Grove Acres, Inc, Property Owner
Sarah E. Holecek, Assistant City Attorney
Robert Miklo, Senior Planner
b~crul'.
410 EAST WASIIINOTON STREET' IOWA CITY. IOWA 12240.1126' 1l19) 116.1000' PAX (S19) 316.1009
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CHARLES A. BARKER
~OHN 0, CRUISE
MICHAEL W. KENNEDY
~AMES D. HOUGHTON
STEVEN C. ANDERSON
TERESA R, WAGNER
BARKER, CRUISE, KENNEDY Be HOUGHTON
LAWYERS
920 S, DUBUOUE STREET, P,O, BOX 2000
IOWA CITY. IOWA
52244
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AREA CODE 319
TELEPHONE
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FAX 319.3~/.oeOa
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September 23, 1994
SEP 26 1994
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Ms. Melody Rockwell
Associate Planner
City of Iowa City
410 E. Washington Street.
Iowa city, IA 52240
, Re: Diane Boyd - Plum Grove Acres, Inc.
ANN 94-0006, REZ 94-0011
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Dear Melody:
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As the attorney for Diane Boyd and Plum Grove Acres, Inc., I
want to make a request in regard to the annexation and rezoning
proceedings referenced above. It is my understanding that the
required public hearing,on the rezoning of the property and the'
first reading of the rezoning ordinance will occur at the City
Council meeting on Tuesday, September 27. On behalf of the ap-
plicants, I would ask that the second two readings of the rezon-.
ing ordinance be collapsed into one reading and the third reading
of the ordinance be waived. As you know, this rezoning and an-
nexation has been quite non-controversial. I don't believe that
waiving the third reading of the ordinance would be detrimental
to anyone.
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The Conditional zoning Agreement requires the owner of the
property to install the basic infrastructure for the land. This
includes paving, water lines and sewers. It would be extremely
helpful to collapse the readings of the rezoning ordinance so
this work can be accomplished this fall before cold weather sets
in.
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Page -2-
September 23, 1994
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I would appreciate it if you would submit this request to
the Council on behalf of the applicants. If anything else is re-
quired in this case, please let me know.
JDCjdc
cc: Diane Boyd
Bruce R. Glasgow
Sarah Holecek
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RESOLUTION NO.
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RESOLUTION AMENDING THE COMPREHENSIVE PLAN BV CHANGING THE
LAND USE MAP DESIGNATION OF PROPERTY LOCATED NORTH OF
HIGHWAY 1 WEST FROM 8.16 DWELLING UNITS PER ACRE TO 2.8
DWELLING UNITS PER ACRE.
WHEREAS, the City's Comprehensive Plan is a statement of goals and policies for the
community; and
WHEREAS, to be an effective guide for a vital community, the Plan is flexible and amendable
within the context of set goals and objectives described within the Plan; and
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WHEREAS, the City Council, following public hearing, has made the following findings:
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B. Due to the topography of the area and increased vehicular congestion in the immediate
area, development at a density of 8-16 units per acre would be inappropriate and may
have negative effects on adjacent properties.
A. Portions of the vacant properties located north of Highway 1 West and known as the
Ruppert tract are designated for 8-16 dwelling units per acre.
C. Designating the subject properties for development at 2.8 dwelling units per acre
recognizes the topographic and vehicular access limitations of the area.
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WHEREAS, based upon the preceding findings, the City Council of Iowa City determines that
changing the land use map designation of property located north of Highway 1, known as the
Ruppert tract, from 8-16 dwelling units per acre to 2-8 dwelling units per acre falls within the
context of the goals and objectives of the Comprehensive Plan.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OFTHE CITY OF IOWA CITY,
IOWA, THAT:
1. The Comprehensive Plan Land Use Map is hereby amended by changing the land use
map designation of property located north of Highway 1, known as the Ruppert tract, from
8-16 dwelling units per acre, to 2-8 dwelling units per acre.
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Passed and approved this
day of
,1994.
MAYOR
ATTEST:
CITY CLERK
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RESOLUTION NO.
RESOLUTION APPROVING FINAL PLAT OF LONGFELLOW MANOR, IOWA
CITV, IOWA.
WHEREAS, the owners, James J. O'Brien and the Breese Co., Inc., filed with the City Clerk
the final plat of Longfellow Manor, Iowa City, Johnson County, Iowa; and
WHEREAS, said subdivision is located on the following-described real estate in Iowa City,
Johnson County, Iowa:
Beginning at a Point where the West Line of the East One-Half of the Northwest
Quarter of Section 14, Township 79 North, Range 6 West, of the Fifth Principal
Meridian intersects the North Line of the Chicago, Rock Island and Pacific
Railway Company's Northerly Right-of-Way line; Thence Northwesterly 32.05
feet along said Northerly Right-of-Way Line, on a 4,192.00 foot radius curve,
concave Southwesterly whose 32.05 foot chord bears N71 017'1 O"W; Thence
N01059'00"W, along a line Parallel with and 30.00 foot normally distant
Westerly of the West Line of the East One-Half of said Northwest Quarter,
612.25 feet, to a Point on the Southerly Right-of-Way Line of Sheridan Avenue;
Thence S90000'00''E, along said Southerly Right-of-Way Line, 430.00 feet, to
the Northwest Corner of Lot 1, Block 6, of the "Plat of Rundell," in accordance
with the Plat thereof, Recorded in Plat Book 1, at Page 130 of the Records of
the Johnson County Recorder's Office; Thence S08000'00"E, along the
Westerly Line of said Lot 1, and the Southeasterly projection thereof, 836.27
feet, to a Point on said Northerly line of the Chicago, Rock Island, and Pacific
Railway Company's Right-of-Way; Thence Northwesterly 536.36 feet, along
said Northerly Right-of-Way Line, on a 4,192.00 foot radius curve concave
Southwesterly, whose 535.99 foot chord bears N67024'06"W, to the Point of
Beginning. Said Tract of Land contains 7.64 Acres more or less, and is subject
to easements and restrictions of record.
WHEREAS, the Department of Planning and Community Development and the Public Works
Department examined the proposed final plat and subdivision, and recommended approval;
and
WHEREAS, the Planning and Zoning Commission examined the final plat and subdivision and
recommended that said final plat and subdivision 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 subdivision are found to conform with Chapter 354, Code of
Iowa (19931 and all other state and local requirements.
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1.
The final plat and subdivisioo located on the above-described real estate be and the
same are hereby approved.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
2.
The City accepts the dedication of the streets and easements 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.
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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 owner/subdivider shall record the
legal documents and the plat at the office of the County Recorder of Johnson County,
Iowa.
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ATTEST:
CITY CLERK
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Passed and approved this
day of
/1994.
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adopted, and upon roll call there were:
the Resolution be
AYES:
NAYS:
ABSENT:
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Horowitz
Kubby
Lehman
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Pigott
Throgmorton
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RESOLUTION NO. q4-~?4
RESOLUTION ESTABLISHING A PARKS AND RECREATION COMMISSION FOR
THE CITY OF IOWA CITV, IOWA, AND ESTABLISHING THE MEMBERSHIP,
TERMS, DUTIES, POWERS AND AUTHOR/TV OF SAID COMMISSION
WHEREAS, the City Council of the City of Iowa City, Iowa deems it in the public interest that
the City Council establish a Parks and Recreation Commission for the City of Iowa City, Iowa,
to serve as an advisory body to the City Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, as follows:
1. There is hereby established for the City of Iowa City, a Parks and Recreation
Commission.
2. The Parks and Recreation Commission shall consist of nine (9) members appointed by
the City Council. All members of the Commission shall be qualified electors of the City
of Iowa City and shall serve without compensation, except for reimbursable expenses.
3. The terms of office of each member shall be four (4) years, commencing on January
1 of the year of appointment.
4.
The City Manager of the City of Iowa City, Iowa shall be authorized to take whatever
administrative action is necessary to provide staff assistance and information
necessary to aid the Commission in the performance of its duties.
5. The mission of the Parks and Recreation Commission is to assist and guide the City
Council in providing the community with high quality and cost efficient parks, facilities,
and recreational and cultural opportunities; to assess and prioritize community needs,
establish goals, and make recommendations to the City Council regarding the
maintenance, enhancement, and promotion of Parks and Recreation Department
programs and facilities; and to serve as a sounding board for Parks and Recre'ation
staff and for citizen concerns, suggestions, and ideas, and as an advocate for desired
goals and programs.
6. The Commission shall serve in an advisory role to the City Council relative to the needs
of the Parks and Recreation Department, and shall recommend and review policies,
rules, regulations, ordinances, fees and budgets relating to the department; shall
present an annual report of Parks and Recreation activities, accomplishments and
recommendations to the City Council; shall make such other reports to the City Council
as the Commission deems in the public interest; and shall be actively involved in
parkland acquisition and the development of long range plans.
7. The Commission shall strive to integrate their programs with other governmental
agencies, including, but not limited to, the Iowa City Community School District, the
University of Iowa, Johnson County, and other surrounding municipal units.
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Resolution No. 94- 324
Page 2
8. The Commission shall adopt a set of By-Laws which they deem necessary and
advisable for conducting the business of the Commission, subject to the Ordinances
of the City of Iowa City, and in accordance with the Iowa Open Meetings Law.
9. The Commission shall be authorized to create and appoint advisory groups to make
studies and to disseminate information on all of its activities. Such groups shall serve
without compensation.
Passed and approved this 11 th day of
,1994.
October
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Approve by
ATTEST: ?tA~J.,f ~A)
CI CLERK
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It was moved by Pigott and seconded by
adopted, and upon roll call there were:
the Resolution be
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AVES:
NAYS:
ABSENT:
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CITY'OF IOWA CITY
PARKS AND RECREATION DEPARTMENT
MEMORANDUM
TO: Members of the City Council
FROM: Terry Trueblood, Parks & Recreation Director
DATE: October 3, 1994
RE:
School Board Representation on Parks and
Recreation Commission
At your October 11th meeting you will be considering a
resolution to establish the Parks and ,Recreation
commission. This resolution is essentially the same as
the ordinance which had previously established the
commission, with one significant change.
At its meeting of September 28, 1994, the commission
voted to recommend that a member of the School Board no
longer be an automatic appointment to the commission.
The previous ordinance had stipulated that eight members
of the commission would be appointed by the City Council,
and that the School Board would IIdesignate one of its
membersll to serve on the commission.
The primary reason the Parks and Recreation Commission
is recommending this change is the fact that it has proven
to be most difficult for the School Board representative
to attend commission meetings on a regular basis. This,
of course, is due to the many school-related demands
on their time.
I have spoken with Tom Bender, current School Board
President and Parks and Recreation Commission member,
about this issue and he agrees that it might be best for
the Council to appoint nine at-large members from the
community. If the School Board wants to encourage
applicants, they are certainly free to do so.
cc: Steve Atkins, City Manager
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