HomeMy WebLinkAbout1977-12-20 ResolutionRESOLUTION NO. 77-473
RESOLUTION TO ISSUE CIGARETTE PERMITS
,
WHEREAS, the following firms and persona
have made application, filed the
bond, and paid the mulct tax required by law for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED. BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications
be granted and the cigarette bond now on file
in the office of the City Clerk be
and the same are hereby ;approved, 'and the City
Clerk be and he is herebydirected
to issue d permit to sell cigarette papers and
cigarettes to the following named
persona and 'firma:
Servomation Corp.`dba/Sheller-Globe Corp.,
Highway 6 East
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It'waslmoved by Balmer; and ;seconded by Foster
that ):,theResolution as read be adopted,
and upon roll ca 1 there
i
r AYES: NAYS: ABSENT:
i
c
Balmer x
deProsse X'':
Foster. x,
D
l
Neuhauser X'
Perret x';
Selzer x
yevera x'
Passed this -20thday of December,
, 19 77
,
RESOLUTION NO. 77-474
RESOLUTION APPROVING CLASS c
LIQUOR CONTROL LICENSE APPLTL'A'PTO
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approv—Taor the following named person or
persons at the following described location:
The Shamrock, 525 South Gilbert
Said approval shall be subject to any conditions ( or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for approval
to he endorsed upon the application and forward the same
together with the license fee, certificate of financial
responsibility, surety bond, sketch of the premises and all
other information or documents required to the Iowa Beer
and Liquor Control Department.
It was moved by Balmer and seconded by Foster
that the Resolution as rsadbe adopted, and upon loll c=a
there were:
AYES: NAYS: ABSENT:
Balmer x _
deProeae x
Foster x _
Neuhauser x _
Perret x
Selzer x
Vevera x
Passed and approved this 20th day of December 19 77
0 0
RESOLUTION NO. 77-475
RESOLUTION APPROVING CLASS "B"
BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class "B" Beer Permit Application is hereby approved
for the following named person or persons at the following
described location:
Big 10 Inn & Hamburg Inns, Inc. dba/Hamburg Inn #1, 119 Iowa Ave.
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
The City Clerk shall cause a recommendation for
approval to be endorsed upon the application and forward
the same together with the license fee, certificate of
financial responsibility, surety bond and all other
information or documents required to the Iowa Beer and
Liquor Control Department.
It was moved by Balmer and seconded by Foster
that the Resolution ae rea�Fe adopted, and upon—r—on call
there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster
Neuhauser
Ferret
Selzer
Vevera
Passed and approved this 20th day of
x
19 77
44zb(,
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L-A
RESOLUTION NO.
n
u
77-476
B Beer
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
a Class B Beer Sunday Sales Permit application is hereby
approved for the following named person or persona at the
following described location:
Big 10 Inn & Hamburg Inns, Inc. dba/Hamburg Inn #1, 119 Iowa
Ave.
Said approval shall be subject to any conditions or restrictions
hereafter imposed by ordinance of state law.
The City Clark shall cause a recommendation for approval to
be endorsed upon the application and forward the same together
with the lioense fee, bond, and all other information or docu—
ments required to the Iowa Beer and Liquor Control Department.
It was moved by Balmer and seconded by Foster
that the Resolution as read be n op e , and upon roll ca ere
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
Selzer x
Vevera x
Passed this 20th day of December , 19 77
•
RESOLUTION NO. 77-477
RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Claes
"C" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locationai
Southland Corporation dba/7-Eleven Food Store #18048, 820 1st Ave.
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a reco®endation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control Dfparlmunt.
It was moved by Balmer and seconded by Foster that the
Resolution as read be adopted, and upon roll call there were:
Balmer
deProsse
Foster
eu auser
erre
Selzer
evera
AYES: NAYS: ABSENTS
x
x
x
x
x
x
Passed this 20th day of December 19 77
x
426
RESOLUTION NO. 77-478
OF
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
a Class C Liquor Sunday Sales Permit application is hereby
approved for the following named person or persons at the
following described location:
Southland Corporation dba/7-Eleven Food Store #18048, 820 1st Ave.
Said approval shall be subject to any conditions or restrictions
hereafter imposed by ordinance of state law.
The City Clerk shall cause a recommendation for approval to
be endorsed upon the application and forward the same together
with the licenee fee, bond, and all other information or docu-
ments required to the Iowa Beer and Liquor Control Department.
It was moved by 1 r and seconded by Foster
that the Resolution as req e a op e , and upon roll call there
were:
AYES: NAYS: ABSENT:
Balmer x
deProsse x
Foster x
Neuhauser x
Perret x
Selzer x
Vevera x
Passed this 20th day of December 19 77
�� �/, • RFSOLUPION N0. 77-479
J
RESOLUPION AUPHORIZING CITY CLERK TO PUBLISH NOTICE OF PUBLIC
HEARING CONCERNING THE PROPOSED CONSTRUCTION OF ABRIDGE AT
COURT AND MUSCATINE'AVENUE
I
WHEREAS, it is X IOX)* deemed to be in the best interests of the
citizens of Iowa City,
that the City, publishnotice' of a public hearing to hear from all interested
citizens concerning the proposed bridge at Court and Muscatine,
i
1011A UEPAR'IM NT 01' TRANSPORTM ION
PUBLIC TRANSIT Itll'ISION
JOINT PARTICIPATION AGRF.LMFUl'
TII1S AGREEMENT, made and entered into this 150, (lay of November
19'77, by and between the IOTA UEPARTMEN'r OF TRAISI'OIt7Y l'I(L\', in agency of the
State of Iowa,,.hercinafter called the "DEPARTMENT", and
City of Iowa Cirv'
located at Civic`Ci!iater. 470 East Washlnrtmi Strr.et___
,..Iowa Citv,'Iowa 52240 ,
hereinafter called the '"PUBLIC,AGENCY".
111INESSFIll:
IMERL•AS, the !'UBLIC AGENCYrhas the authority to enter into said
AGRL'FMENT-hnd to undertake the.IROJECT hereinafter described, and has been
I, granted the authority to function adequntcly in all areas of appropriate
jurisdiction; and
I1lI-RHAS,I'the Legislature of the State of IOWa aut.horircd in ]louse
Filo 327, Section 5, funds to be used to implement a Ftatc;l7an!;it Assistance
Program,'and
iPIIFRIiAS, the Ufa'AIYI'hIf:NT is dcsignated by the Lcgislaturc of the
�
State o XP
of to'adninister and expend those funds, and .. _,.
WIIIiIt1iAS,',thc PUBLIC AGENCY dosires funds to implement ,, transit
improvement Program,
h ... NON, 'mEREwRE, yin ",consideration of the mutualcovcn;,nts, promises
and representations herein, the parties agree as follows:'
q ' 1.00 PURPOSE OF AGRlIihBiNT it
> Titc purpose of this agreement is to provide for _ finrfie. in1
assistance toward: capital purchase
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in the State of Iowa and hereinafter called the PROJECT, to provide 1111ancial
reimbursement to the PUBLIC AGENCY and state the terms and condition. upon
"t which such''rcimbursemcnt will be Provided, and to state the understandings as
{ to -the manner in which the PROJECrswill bo undertal:ep oval completed. This
AGRCEMENT replaces a6d voids any previous, .loin[ Participation Agree-mcnt
+, entered into bctarcen the UITARTMEN'r and the 7'MILIC AGENCY for State .Transit
' Assistance Funds,:
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2.00 ACCONIPLISIDIENT 011 THE PRO.IECT
(a) GO. nursl Itcquircmcnts: The PIWIM: A('I;;(:l' sls,l I cor.:vsicc, carry
on, and complete the PROJECT in a sound, eeono❑i cal, efficient u:uu:cr ill accord-
ancc frith the provisions hcrcof and all app] ic:;IhIv law...
(b) Pursuant to Fedoral, :tate AMI local 1-%U: In the c•vvnt that
any election, referendum, :q:proval, pormi;, nolirr or o:h,•r procordinj} or
authorization is rcquisit.c under appl irid, l(l l:rr io , nobly I)w NId1.IC AGENCY
to cuter into this A RI:J:%IfNT, Or to uadrrlako lha PROJECT I.crcimdor, or
to observe; assume, or Carry out any of ibc pr wi :ioa:: of II•c AGI:11,h1fi1'f, the
PUliLlC AGENCY ir.iil initiate -ind consummateas
, . provided by ]mal.l actio
r, ns
necessary with respect to any such lnat.tels ,;it rrcqui:Jt.v.
'(c) Submission of Proceeding::, Contracts and Other ))oc;unenis:
The PUBLIC AGIiNC1': shall submit to the III:I'AR'I't•II:\1' such data, reports, records,
contracts'and 'other documunts relating, to the 1'ROJfCr as the DEPARTNENT may
require. rurthernore,,the PUBLIC 1AGENCY shall maintain sucl: records 5s the
DL•PARITIENT sh'1 docallnecessary for the proper execution 4f Lhc PRU)GCT.
(d) Operations: ns {;banally del r11od in it 5,rini a1?L.icatinn.
(c) Itcparting Requirclncnts: The P11103C AGENC) agrees to supply
three(3) copies of a quartcril• financial report and aquarterly narrative
progress report utilizing t:he report forms faipplied by the DFIIAlJ111i12T.
sr t,
h,. 3.00 PROJECT COST
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The estimated total cost. of the PRawcI' is $ 122.1100
iJ The UL•PARTPIENT agrees to participato in tbe,noJRCT iii thel amount not
a
,i to exceed $ 14,730 as appropriated Iiia authorized by House li.lc 327,
Section S,, as enacted by the ;67th General Assembly, lst Session, and shall
Ile providcd'fiom ';July ] j'1977 _ to
— –�
June 30 1980
to ,
The ll'1II41,IC'AGIiNCf sprees to bran IIP exprnses in excess of the �P
' amount of thc,Dl:PAIfI'miltt1f's part iciliation
.
A.
4.00 PROMIICT kIDGI:T AND DISIIURSF.MIiNT SCI N)IIl.1i
The PROJECT Iludpr t The PUBLIC A(I NCl' shall carry out the
I'I:OJLCT and shu11 ilicm oblit;al
l ons',against and ITIA:v di bui..uuunts of PROJECT
funds only ill conformity with'th(hiuipt incorhoratvd I:rrc•in. The hciilget
b'..10,I), Ile revisod Periodically; but. no bldget. or tcv:sirm tbcreof ah111'bc,
y effective imlc ;s and until t.ht DEPAhI'i•IIdI ::hall linvo appron•cd the .,trot Inior
.„I to, the change, such request for revision
111111.111111-oval thereof to be. rloctiv,c:ntcd
in wrlt.ing'.
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111M.11:0, RuOClff
Percentage
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;udgc •
1't � Ld
. t
of Actual
Linc 1Lent
Description
711110unt
Bxpendiulrc
B67
CAI .01
(c)
One 35' Transit Coach (rola Cost I'rnjerted
at $90,000 with $72,000 Funded by
MITA)
$ 9,0()0
10%
tlfi7
CAI .02
(c)
7tao-Way Radio System for 10 6usrs, 2 Aufn•h
Plus'.Rasc Station (Total Cost
Projected by $29,300 with $23,440
!
Funded by INTA)
2,930
107.
D67
CAI .03
(c)I
Retrofit (Including installation) of
8 Buser with kneeling apparatus
2 800
1007.
TOTAL
$14,730
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PI'ojccL
Budgct
flllltlS n'i 11 he. di Shursed ill acco dlllre with thee.
above Stalcd
parcent
of actual
cipenditurc not t.0 exceed tht ;hmr'Stated
1•iuc Itch'
Amounts,
1111ichevm' ie. the lesser, i❑ the Deland of quarterly
rvimhursclncnt.
(Refer to 6.00
(a).
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(b) Security and lnspcCt ion: 'ILe III PARE-IL;1' shall, ;e. security
for the funding, hold a security interest in tilt- title and the 1'M111C MWNCY
shall grant same on all vehicles and cquip:neni putrlr•c.ckl for this I'R(1JECT
with State participation. The security intcrr•t shall III: a percc•rtaf;e of
;:hc market value equal to the pericnt: g;c of Ib, purrh:r.o ;muco that the state
funds represent. the PUBLIC AGENCY shall pe•rr,,it tl:o to inr•pcct
all vehicles and equipment purchased ort behalf of tilt• 1'1110 IC A•'iiSSl', ;ill
transportation services rendered by using; suite vrhicles :n,l cquipmcnt., and
all data and records pertaining; to the same.
5.00 ACCOUNI'ING REQllIRF.Ml:N'I'S
(a) Charging of costs: No cost incurred prior to t!w execution
of this AGREEMENT will be charged against the PROJECT budget without prior
authorization from tile DI:IIART1•IEN'Lwith written'd0cunnntation of such authari-
zation.
(b)i Establishment and Maintenance of Accointing,Records: 9hc
PUBLIC AGENCY shallestablish for the PROJECT, in conformity with requirements
established by the DEPARTMENT to: facilitate the ,administration of the funding
program, Separate accounts to be maintained within its existing accounting
system or ''set tip. independently. Such accounts :irc referrrd to herein collectively
and will be made available upon request by the Ill I'AIt'rmi:., • any ,\time during. the
period of the AGREEMENT and for three years after final payment is made.
(c) Costs Incurred for the ITOJECT: Ilic PlIRLIC AGENCY ::hall
charge all eligible' costs to the PROJECT. Costs in excess of the latest
approved hudgeti or attributable to actions which h;n'c not. reccivcd the
reduired prior written approval of the DEPARTMI'N'1' shall not bel considered
< e]'ig.1 C costs.
(d) Documentation of vinif:Cf Cosh:: All costs clt.trged to the
« PROJECT shall bo stilt, 0rted by, properly execut oil payrol Is t i ic; records,
invoices, vouchers sand contracts evidencing 0111), those c0tit, sjrrcifically
`ill ,'incurred.' -All documentation of PltRII:C;t1' costs shall he cle.u•ly identified
and readily accessible.
Fry
(c) Gencr;tl: Accounting proccdures shall be in accordance with
generally accepted accounting piiniciples nul'irill include but ncit be limited
n
to,thel following:
e (1) A designated ledger control account will be established by
the PUBLICAGENCY 1r.ithill its present accounting system :;nd all,
transactions relative to the PROJRT will he reflected within this
account.
ns;,• (2) 7nvoicos fsent toltlie ,Dlil'AI;IMUNTwiII include ns attaduucnts
114,
,.- the invoices and Statements submitted by r nbcontracting; agencies: tlaat
are a part of the PROJECT.'
(3) Any costs ill excess of the reinbursement limit. set by the
,{ AGREEMENT will 110L be 1•o.imbursed. Jtudg,et revisions approvod by
the DEPARTMENT, as provided
for in the A(lill.!•IINI, should eliminate
1 budget line item variances as compared t0 'actual line menu costs.
iy �
6.00 INVOICL•S AND PAYMENTS
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(a) Mothod of Payment:Payments will be qu:rrtvrly on a reinburscmcnt
basis as stipulated .in the PROJECT hudget and doct:nr•nted by I'llilLIC AGENCY's
filing of quarterly financial and quarterly narrative report as specified in 2.e.
(b) Preliminary Action, h)• the PUBLIC AW:NCY: In order to obtain
any DL•PARITIf.NT participation funds, 1.110 PUBLIC AGENCY sliall file faith tine
DEPARTMENT its invoice or request for payment and such other data pertaining
to the PROJECT as the DEPARIIIINT may require to justify and :support said
paynent(s)L' At the DEl'AwrMEN'T's discretion, fire perc,nt (5`.•) or more of
the total final amount claimed by the I1l16LIC AGENCY for the PROJECT may be
withhold from payment pending the results of a final audit of the PUB1.1C
AGENCY and its subcontractors at the. conclusion of the PROJECT.
(c) The DEl',%R11•IF:N'f's obligations: Suhjrct to other provisions
hereof, the.DEPARTMENT.will. !honor such invoices or requ0sts for payment in
amounts and at time deemed by the DITAR'I'MENT to be proper to insure the
carrying out of the l'RQ11iCT and payment of the 0ligihlc cents thereof in
accordance herewith. Ilowever,ll'notwithsttindiug run• other provision of this
AM:Et•ixr, the DEPARTMENT may elect by notice inwritingnot, tunall a payment
on account of the PROJECT .ift
II
(1), Misrepresentation. The 1`1161.1(. AGENCY shall -.have made
MIS repros0ntatioil 'of a material iviture in its Application, or all),
supplement thereto or amendment thereof, or in or with respect to any
'documentor data furnished therewith nr pursuant hcrcto,
(2) Litigation. Macre is then prnditig litii:ation with respect
s to the performance by the Public Agcnc•y of ':in), of its iluti0:c^or
01) i gaBoils wit ich'may jcOlin rdizc 6 adversvIy affect Lhe I'ROJGCI',
the AGREEMENT, or payments to the PROJECT.
i (3) Concurrence by DEPARIDENT.'. 'Ihe PUBLIC A(;hs(Y shall have
taken an"action pertaining to the I'ROnicr which t:nderlthe 0stablishedl
+, procedures requires the prior approval of the Dlll'ARPIF"T or shall
,,. have,'procecded to make related expenditures cn• incur related '
` obligations without having been advised by the DEPARTMENT that the
same are satisfactory.
it
,I (A) Conflicts of Interests. '1110ro hnslbeen nny,violation of
the conflict of into] prm'rsions coniairied herein.'
j (5) Default. 1 The PUBLIC ACENCY shall be in default under any
of6thc provisions of the AGREEMEN1'.I
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7400 TEItb1INAT10N OR SUSPENSION OP PROJECT
(a) 'rcrininat.i'on ol• Suspension Generally: If 11c I'M11,IC AGENCY
abandons or before completion, finally diccuntirn)c� lite PRO .11CI: or if, by
reason of in)' of the events or cnnditinns set f.11111 inP.r.J;r.ph: (1) to (S)
inclusive, of Section 6.00(c) hereof, or far any other rcasou, the Commencement,
prosecution, or t.irircly'-completion, of the I`ItO.lfca' by tilt, 1'111:1.1(: ACENCY is
rendered improbable, infeasible, imposOble, or illel;al, till, I)l:l1ARf?11iNf may,
by written notice to the PUBLIC AGENCY, ,,uspend any or all of its obligations
under this,AGREGdIXI' u))(11 such time ;is the event or con.litiiat rest:lting in
such sospension'Ins ccnsed or been corrected, or the DI:PAR'ILII:NT may terminate
any, or all of its obligations under this ACIUMIINT until such time as the
evont or Condition'ro:aulring ill such suspension has ceased or been corrected,
or the DEPARTMENT may terminate any or all of its obliJ;ations under this
AGRI:Gf1GN1*
.
(b) Action Subsequent to Notice of 'rcnnination or Suspension:
Upon receipt of any final termination or suspcnsion notice )aider this Section,
the PUBLIC AGENCY shall proceed promptly to carry out the actions required
which may include any or all of the following:; (1) necessary ction to
terminate or susponil, as the case may lie, PROJECT activities ;mil contr:.cts
and such other action as may be basis of which the fin;inc im is to Dv
,�ccrnutcd;
neme L of tltr l(O.11'C'' nctivit ic, ,cl l as a st
a, Proposed schedulc;'plait, avid budget for terminniing gr ::usperidint; and
'closing Out l'It0.lE("I'-activities and other uulorealingc..-thc• cast or t,n)cbl,.are
otherwise includable as l'It0,1EC1' costs. 'Ihc caosing•.alit shall bo c;n•ricdlouL
ill conformity with the latest schedilIC, plan ;md budi;et as approved by the
DEPARTMENT upon the' failure Of thc''PUIIIJL AGENCY to furnish lite schCdule;;
plall and budgct within a rcasonable,time.
� { 8.00 A11U1'1' A.\'D 1NSI'EC'll(IN �
C
"1 "AGIiNC]' its`continctot. ind .uhttn,t,cte. shall)
(.•t The PUBLIC L L
stain'all booLS,'ducumcnts; P•tpers all aauunaing records :.tipporting
inctu
-red 'feosts and will keep such mat.orials'availnl+lc',at their "respective`
offices at all reasonable tunics' diu•.ing the period of this A(61.I,•il:;l' and for
a period of three (j) years from the date of filial payment for, the purpose
or audit by any authtit�zed,repicsentative of the DiI 11tITI:Nr of of tht St ito
!. of Iowa. ,'ll)e PUBLIC;AGENCY will prompt))', upon written requost, reirburso
the'DEPARTMEM' in tlic amount of ally'Just.ifiable csccptiot)s taL•cn by said
c
audit which may exceed mp amount withhold.
7. (b) The PUBLIC AGENCY shall pormit ;nd shall require its contractors
to permit the DITAWMENT's authorized representatives to inspect gill acorl.
d materials during' the course of the PROJECT.
9400 CONTRACTS Oh TllE PUBLIC AGENCY
(a) 'Third-Party Agreements: 1'xcc•pt :ve otherwise authori-ed in writing
1)}'rthc UE PAHTMENI',',the 11lRLIC'AGENCY shall not execuiv :in), conlr;ic( 0 ublil;aIe
itself im„qny manner which rell6i) .: the disbu)sc•ru•nt of hllAltlTdlil,l p•u'lAcipation.
funds to aiiy third persoaith respect. Lo t.he-PROJECT without the prior writtco
eoncuncncc of the UfiPAlfi'NIE\'T! The PITARDIEN'I''spccil'irally riscrvcs unto
i
il.sclf thoright to, ravic.w ;ind to approve or (1k:ipprorr .Ili 'urh agrrontnn),.
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(b) Compliance t+ith the 01:I'AWPIl;XI's Co ... It•I.itive Nvptiatioil
Procedures:' It is undeI's tood and agreed by 1 I pa rtiwt hereto that partici-
pation by the DEPARTMENT in this PROJiTT rcquirs' Comp Ii:11we with tine rulcS
as defined wider llie Iowa Admi11isuative Code, 'Ir;ncyantatioa [ti.'.U%, Chaptor 2
subtitled Procurement. 'lliese I'll Ie1 I'Vi-N➢e cftc. t ire .oily IG, 1975, as proviOvd
ti
Oder the Administi;itivO Procedure Act, Chapter I/A ol• the Code of Iowa, 1!!75,
which arohci'cin incerpoiatc(I b)• reference and riadr part of this AGRI:PI•tEN'T.
10.00 RESTRICTS, PROHIBITION'S, CONTROLS AND LAIMR PROvIfION"
(u) .The PUBLIC AGENCY or contractor respcctivt•.ly, for ilself,
its ass,iglices and 'successors in interest hereinafter referred to as the
'il'UIILIC`,AG1M'" agrees to comply with the fol lotaijig provisions reItit ive to
non-discrimation:"
(1) Non-discrimination: 'llic PUBLICAGENCY with rcitard to work
performed by it during the, contract, Sim II not diScriminate on the
„grounds of race, color, sex, national oril;in, :il,c, or religion in
tiro selection and retention of Subcontractors Or employees,
iiicludiit ' roctn•emcnts or ianivrials:dul lcw�(.s of L(juila•ent. The
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PUBLIC AGENCY shall not participate either diiectly oi- indirectly
in prohibited discrimination.
(2) Solicitations foi• Subcontraets, including Procurements of
i. Pfateria]'s iind'IgllipmenL in alIySoli'cintions`eitliei•,hy com1etitive
bidding or' negotiation made by the PUBLIC 11Gr.NCY forlworl: to he
performed fouler a subcontract, incluJinl; proi-urcr ;nt of materials
1=j or leases ,f equipment, each;potential subcontiaruunr supplier
Shall be notified by the PUBLIC AGENCY of ihe;PU lit: AGE CY's
1 obligations under chis contract relaCit•e to nen dlscrimilllLie,i1 cin
floe gtotmds of race, cnlor,'sex,inati'onol origin, age i religion.
(3) Information and Reports: 'rbc I'IJIiI,IC 1G1 d(1 shall provide
' all information and reports requi.red b) the DFPARVIENT and,shall
perwit access to .its bool, records, accotnrt:r Other sources Of
°
information and its%favilities.:�s nci Ile determined by the DEPARTMENT to
I . ) ).
` be pertinent to ascertain congilialice. , Where nny inforaiatioti required
i of the 111110:]C AGENCYis inthe exclusive ive possession of nnothcr
Who fails or refuses to furnish thus information; the PUBLIC AGH! CY
shall so cort.ify to the plil,'111fITIIiN'I' and shill set forth\dWIL efforts
it has made to obtain the;information.
(4)i Not -compliance; In the event of the PUBLiC
AGENCY's non-compliance with the non-discrivii natiOil provisions of
this contr;ict, the DI.PAWDIIiNT sliall :iiposc such 'contract sanctions
..: as it may determine to be 'appropriate including, but not limited to:
a. Ii tbljolding of payments to the PUBLIC AGENCY under the
I
contract until the PUBLIC AGENCY complies, and/lir
F,I b, Cancellation, termination or susponsinn of the contract
in>idioIe:or in part:'
T ,
,I Iii
s
h.
8
(5)' Incorporation of I'rovisimis: '1110, PURIM: AGENCY shall include
the provisions of paragraphs (1) tlu•ouI!h (S) in every Subcontract,
including procurements of materia k Mid lu:tscs of e9uipmunt, Unless
exeiapt by the DEPAIt'rmix'r. 'rhe PUBLIC AGIt.`.C1' :.hall take such action
with rospect to any subcontract or pruceremrnt m: the UITARVIIENT may
direct ns a means of enforcing such prova.`.1or14 incIndaag salact:'ons
for non-compliance: 1'rnvi(Ied, however, that in IIIc event the PI181.IC
AGENCY becomes involved in or is threatened with litigation kith a
subcontractor or Supplier as a result of such dile tion, the. PUBI.IC
AGENCY may rutluest the VIYARTII-11:11.7 to enter into such liti;:ration to
In•otect the intcrcSts of the State.
(U) Title Vl Civil Rights Act of 19t;I: 'Iirc 1'lIMM: AGhNC'Y wiI!
comply `with 'all the rcljiirnrcnts imposed by 'litle VI of the Civil Rights Act
of 1964.(78 Statute '252).
• s.
(c) Prohibited Interests: Neither the PUMAC AGENCY not, any of
its contractors or their subcontractors shall carter into any contract, SUb-
cotitract, or arrangement in connection with t.hc 1'hOIL(:I1 or ally property
included .or planned to be included inAhe PROJECT, in which any member, officer,
or employee of the PI1BLIC AGESCY or the locality during his teniae or fur
one ),car tricreaftor`has any ilit erest ,ldirect or lid ilect If any Such present
or'former member, officer, or employee invo9unt arils acquires or had acquired
prior to the beriniliitg of'his tenure :any such intctl^a and if Such interest
•.� isjtmnediately discl'o.sed to the PUBLIC AGENCY, the PURIAC AGE%fl", with the
f prior approval of the UEPr1ItYNILNT, nay waive the plollihin
'ttn cmt:rined ili this
subsection: 1'rovidrd that any such present n:cnbt r aft Icer or a p]oyc•e
shall not participate in ,nty action by the PUBLIC A(INCY or the locality
f, a rcl:r[ing to such coni.tatt, subcontract w arrnlgement.
The PUBLIC AffNCY shill insert in all conlrocts rntercd into ill
"colincetions:ith the PLO1L'C'I' of any property uuludc(l ln• plennod LO be included
in:;:my PROJECT, and shall,requtre its contractors to insert ill each of their
n4 subcontracts, the following provision:
"No member, officer, or employee of the PUBLIC AGENCY or of the
1
locality dining his tenure or for one, year thiteIitcr _.hall Lave
'any inun`est,rtlireet or inilirect, in this cmitract or the,pi•ocecd:;
f� ,' thcrcet•„
Thr: Irovision of this subsoction shall not he applicable to any
agreement 1cIwecit the PUBLIC AGENCY, and its fiscal dcpositorics; ur'to ❑ny
agreement for utility scavices the rates for which :it fixed or controlled
by'a Govcrnmentnl agency.
(d) Intel
'es of %Ielnbel5 of, w I>llog tcs to, Iowa State Icgislature:
j No,mcmhe'rior doleglate to thc'Iowt Stntl Icrislattirt shall be admitted to any
share or part of the'AGIZEHMiN'r or 'any Ucncfit arising therefrom.
11.00 NISCELLANIMS'PROVISIONS
a' (a) Enviroomenta] 1 )ITT 1ITIT ioil: All Proposnls, Plans and Specifications
l,. .' for the aCfUlSlilOtl, C011Strllctioll, reconstruction, improvement of facilities or
equipment, shall he presented tolthe PI:PART.MI:NT for approval. In rendering
such approval, the DEPAItImE\rr shall take into consideration whether such
facilities or equipment. is designed and equipprd to prevent and control
environmental pollution.
(b) DEPAR'I'61ENT Not Obligated To'I'hird Pa irLivs: the DITARIMENT
shallnotbe obligated or liable hereunder to any pm"ty othur thin the
PUBLIC AGENCY.
(c)Iflton Nights and Remedies Not h'aived: In no event shall the
making by the DEPARTMENT of any payment to the PUBLIC AGENCY constitute or
tie construed as a waiver by the ITPAR11•IENT of any breach of covenant or any
dcfnult.wllich may, then exist, on the part of the PURLIC AGENCY, and the making
of any such payment by the DEPA10111:N'1' while any such breach or default sh,-1ll.
exist shall in noway impair or Prejudice any right or remedy available to
the DEPARTMENT in respect of such breach or 'default.
(d) How Contract Affected By Provisions Being field Invalid: If
in),provision I of this AGREEMENr:is hold invalid, the rem, inder'0f this
AGREENENT'shall not be affected thereby if Such re ander Would then eontinuc
to cotiform,to the terms and requirements of 1ppli„ahle;law,
_(c) Ilanus or Commission: 'It cxr:ution of the Aptecmcnt, the
PUBLIC AGENCY represents that it has 110'. paid and, also, avret's not to pay,
any Bonus Or commission for tlto Purpose of obtaining in appruval of its
application for financing' hereunder.
(f) State or Territorial Law: Nothing in the ACRI:17 ENT shall.
' require the PUBLIC A61.NL'1' to'observe'ar enforce• Compli'ancc t:itli any provision
ytheioOf, perforin'any other act of do any other thing; in contravention of n
f tijiplicablc State law; provided, tflat''if any of tlu� provisions of theAGIt1.L,ll.N'1'
violate any'appli'calle State I'll,', the PURIM: AGENCY will lit onC,c notify the
DEPARTMEN'r in writing in!ordcr that appropriate changes and n,odificntions
may be made, by the DEPARTMENT and the PUBLIC 1fI:NCS' to th end that the
1`t PUBLIC AGENCY may proceed as soon as 'possible with thc:I'h(IJECI'.'
�.
i
N' 12:00 OUTSTANDING RI GI ITS
If at any time it detm•mined by the DITARTAIINT that therc'is
r.., any outstanding right. or, claim of right in or to the PROJECT property, the
existence of which-creates':ini undue risk or interrercncc id th the operation
y2r of_ the PROJECT or the performance of the covcriantS of the PUBLIC A(I:,\'M' '
herein,containecl, the PUBLIC AGENCY will acquire extinguish ornodife said
right or claim in a' manner acceptable to the 111.11AWIMENT.
` ( 13100 EXEC(TrION Oh AGREEMENT 1
11nis contract may be simultaneously executed in several counterparts
I` (in which ease there shall be no less than lthree (:^^)), elch of which'su
,t 0Xaclit cd shall be (loomed to be an or1V.inaI, and such oua.e-111,Ls tegethcr
sha11 constitote one and the'sanie insu•ument.
t
• •• 14:00. AGIiliE6lliN'I' FORMAT
All words used herein in the sini;ulru• form shall extend to and
include the plural. All words used in the Plural fe11:1 shall exicnd to and
include the singular. All trord:: used in any grndc•r shall extend lo and
includo all gendcr:c.
15.00 REPORTING ADDRESS
All reports and submissions from the P RLI C AGIMY concerning the
PROJECT shall Ile scat to the Pul>1ic Transit Division, Iowa Department of
Transportation„ 1•lunicipp1 Airport Office, Des floines, Iowa 5(137.1:
16.00 DEPARTMENT CREDIT PLAQUES
At the Dr. discretirnr,; specifically designod plaques
iiidieating'the'DEPAMMENT's participation, in the PROMIcT will he installed
on each major item'af equipment and facility purchased underIDEI'Airrmi.N'[
v financing. The PUBLIC AGENCY will. obtainthe Plaqucs from the', ULPAiffllEN'f
and coordinate with the DEPAIMM: T on the instal ratibn of the credit PlaqucS.
17.00 PROJECT UNDERTAKINGS'
171c PUBLIC AGENCY shall commence, -carry on, and complete the PROJf:C'1'
in'a'plan nor as generally dcscr.ibccl in its application, with spccific;attcntion
' devoted to the items described as PROJFCT IifQIII REMIiNTS and inctirporated
herein. The PUAhIC,AGITCY agrees to secure writtan approval of any changes
T such clian c
prior: initiating m• unilcrtaktni; any is 's.
(a) Project Requirmnents
i '
ct *, Line Item Description
�i
Increase ridership from provious year of 7 402 78 1977)
I (ridership)
+, o
by 6 %'to 7,490,000 (1978) i.
(ri(1crshi.P)
1, (2) The rcvenitc to caPensc ratio .42 (1978Z'
w
,5 (3) Retain existing fares at'a minimum.
(4)i, Coordinate with all existing Lrans]L providers, public and
Private, in PUBLIC AGENCY's`servicei area to avoid duplication of transit
services and to avoid where poss.iblc competition with private
enterprise.
1� is
„
'Linc : Item L iOl I
i (5) Caj)l La I acquisitions.
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in
it
40 `I' Op"
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'od! WSH I'm A A
it
it
i
. ..... 'NTS may ho I-evi.-od por.indic.rilly, but. no
j 1110 ITIOJ HICT REQUI Rl"Mil.
II revision thereof shallhe effective unless, and until tho. DFVAIZI ST shall
pyhpvc approyed the same.
IN WITNESS WHEREOF, each of the Parties hereto has executed this
ACIUMMENT as of the date shown opposite signature holo".
PUBLIC AGENCY:
Name City of Iowa City
By AlpLL-ilCILLCIL{ Pate'
T1t1C
IOIVA DEPARTMENT OF TRANSPORTATION:r
By Date
Terrence L. Fritz, Director
Public Transit Division
'j
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YrvN � .a til
P c r is
V
RESOLUTION NO. 77-481 ��✓✓
RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY
WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered
into a contract for loan and grant with the United States of America; and,
WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract
an Urban Renewal Project known as the City-University Project I, Project Number
Iowa R-14; and,
HEREAS, the City of Iowa City, Iowa, has received an entitlement of funds
pursuant to the Housing and Community Development Act of 1974; and,
WHERE AS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24,
Part 570, Section,570.801(c), of the Code of Federal Regulations, transferred
Community Development Block Grant funds to said Urban Renewal Project, and transferred
control of certain real property acquired in carrying out said Urban Renewal Project
to ,the City Council of the City of Iowa 'City 'from the City Council acting as LPA, by
Resolution Number'76-446, dated December 14,x1976, and by Resolution Number 77-312,
dated August 9,,19,77,; and,
WHEREAS, ,the City Council of Iowa City, Iowa, caused'to be issued a solicitation
of Offers to Purchase Land for Private Redevelopment; and,
WHEREAS, Offers to Purchase Land for Private Redevelopment were received and
opened by the City of .Iowa City,on September 15; 1977; and,
;+WHEREAS, the-City Council ofthe City of Iowa City is now desireous of selling
disposition Parcel 102-2 to Old Capitol Associates
j NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that
pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and
1 Section 570.801(c) of Part 570, Title °24, Code of Federal Regulations, the, Mayor
and City Clerk are hereby authorized and directed to execute„ on behalf of! the City
of .Iowa City,' a contract for Sale of Land for Private Redevelopment by and between
Old Capitol Associates
and the City,of Iowa City, Iowa,.a copy; of which contract is attached hereto and
incorporated herein, such land to be sold toOld Capitol Associatds
Disposition Parcel102-2' , as more
particularly described in said contract. Upon execution of the contract by the
''.City `'and Old Capitol' Associates
the City Manager is,authorized an directed to prepare a deed or sai property and
deliver the deed to Did Capitol Associates
Res.
No. 77-481
AYES. NAYS:
x
ABSENT:
-Z-
Balmer
deProsse
Foster
Neuhauser
0
Part I
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
r
0
r i
v
By and Between
OLD CAPITOL ASSOCIATES
,
and
vI
t,
,
The City of Iowa City, Iowa
jra
Pt? I I
R.
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this Part I and Part II annexed hereto and
made a part hereof (which Part I and Part II are together hereinafter
called "Agreement"), made on or as of the day of
19 by and a ween the City of Iowa
City, Iowa, a public body corporate (which, together with any successor
public body or officer hereafter designated by or pursuant to law, is
hereinafter called the "City"), established pursuant to the statutes of
the'State of Iowa pertaining to Municipalities, Cities, Towns, and
particularly Chapter 403 of the Code of Iowa as amended (hereinafter
called "Urban Renewal Act") and having its office at the Civic Center in
the City of Iowa City, State of Iowa, and Olid Capitol Associates
a joint venture organized an ed xisting under the laws o
the State of Iowa hereinafter called"Redeveloper") and
having an office or _the transaction of business at 200 Plaza Centre ,One
in the City of Iowa City ,"County of Johnson ,
and State!ofIowa WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act,
the 'City ;has undertaken a program'for:the clearance and reconstruction
or rehabilitation of slum and blighted areas in the',, City, 'and in this.
},
connection is engaged in carrying out an urban renewal project (herein-
after called "Project",) in an area (hereinafter called the "Project
'Area") located intheCity; and
WHEREAS, as of the date of this Agreement there has been prepared
`
and approved by. the City, an urban''renewal plan for the Project, con-,'
sisting of
("The Urban Renewal Plan, dated September 3,!1969, by Resolu-
•
tion No.12157,
as amended from time to time and as it may hereafter be
{
further emended pursuant to lab,, and as so constituted, is unless other -
Wise, indicated, by the context,' hereinafter called "Urban Renewal ,Plan"),
and
WHEREAS, a copy of the Urban Renewal Plan as constituted on the
date of the Agreement has been recorded among the land records for the
e Office of.
situated, namely, in th 0
place in which the Project Area is s y,
the Johnson County Recorder in Book 490 at page 408, and has been filed
in the Office of;the Cierk of the City, located at the'Civic Center in
the City; and
WHEREAS, in order to enable the City to achieve the objectives, of,
the Urban Renewal Plan and particularly to make the land in the Project
—
Area available, for 'redevelopment rby private enterprise for redevelopment
in accordance with the Urban Renewal Plan,' both the Federal Government
„'
and the City have undertaken to provide and have provided substantial
aid and assistance through a Contract for, Loan and Capital Grant, dated
September 2, 1970, in the case'of the federal Government; and
WHEREAS, pursuant to Chapter 403, Code of Iowa,as amended, the City
has offered to sell and the Redeveloper is willing to, purchase certain.
real property, located in the Project Area and more particularly described
i,
.i M
-1-1,36,
in Schedule A annexed hereto and made a part hereof (which property as
so described is hereinafter called "Property") and to redevelop the
Property for and in accordance with the uses specified in the Urban
Renewal Plan and in accordance with the Agreement; and
WHEREAS, the City believes that the redevelopment of the Property
pursuant to the Agreement, and the fulfillment generally of the Agree-
ment,.are In the vital and best interests of the City and the health,
safety, morals, and welfare of its residents, and in accord with the
public purposes and provisions of the applicable Federal, State, and
local laws and requirements under which the Project has been undertaken;
and
WHEREAS, the City has acquired title tocertainproperty described
in'Schedule hereof:
A
NOW, THEREFORE, in consideration of the premises and the mutual
obligations of the ,parties hereto, each of them does hereby covenant and
agree with the other as follows:
SECTION 1. SALE: PURCHASE PRICE
Subject to all the terms, covenants, and conditions of the Agree-
ment, the City will sell the property described'in Schedule A
hereof, to the Redeveloper for,, and the Redeveloper will purchase
the, property', from the City and pay therefore, ,the amounts set forth
in Schedule B hereof, subject to the terms and conditions of
section 2 of this Agreement. The amounts set forth in Schedule B,
i.,
hereinafter called "Purchase Price," are to be paid in cash or by
certifiedl'check simultaneously with the delivery of the deeds
conveying :the property to the Redeveloper.
SECTION 2.; CONVEYANCE OF PROPERTY..
(a) Form of Deed. The, City shall convey to the Redeveloper title
to a property by,Special Warranty Deed (he, called
i
_"Deed"). `such conveyance and title shall, in addition to the
it,condition
subsequently provided for in Section 704, Part II',
A
hereof, and to all other conditions, covenants, andrestric-
tions set or referred to elsewhere', in the Agreement, be
subject'to:
(1) Such easements as it 'shall have been necessary, pursuant
to, the Urban,Renewal,Plan, for thelCity to reserve, for
itself or for;, future dedication or,!grant,'for sewers,
_
drains, water and gas', distribution,; lines,'' electric,
telephone,, and telegraphinstallations, rights-of-way and
access, or as described or referred to in "Schedule A."
�
tion'ofattached hereto and referenced
i 'descriP property.'
as'a part hereof;
(2) All conditions, covenants and restrictions contained in
said Urban Renewal Plan and Part I and II of this Contract.
-2_
e
I .
(b)
Time and Place for Deliver of Deeds. The City shall deliver
the Deedan possess ono t e property to the Redeveloper
upon payment of the purchase price in full upon such dates as
called for in this Agreement. Conveyance shall be made at the
11
principal office of the City and the Redeveloper sha accept
such conveyance and pay to the City at such time and place the
purchase price in full for each parcel delivered.
(c) Recordation of Deeds. The Redeveloper shall promptly file the
Deeds for recordation among the land records of Johnson County,
;Iowa. The Redeveloper shall pay all costs (including the cost
of the State documentary stamp tax on the Deeds, for which
stamps in the proper amount shall be affixed to the, Deeds by
the Redeveloper), for so recording said Deed.
(d) Delivery of the Abstract. The City will furnish to the Rede -
ve oper' n advance ot the closing on each parcel, an abstract
of titleshowing good marketable title in the City of Iowa
City, Iowa, free and clear of all, taxes, assessments or other
encumbrances except as hereinbefore specified: The abstracts
ofltitle 'shall be at City expense and will lb'e'certified by,a
qualified abstracting company tol.the close'of'business as the
closest practical date prior to the date of the deed of con-
veyance., The ,,cost of obtaining an attorney's 'examination 'of
the abstracts for title opinion and/or the cost of obtaining
title insurance, if required, shall be at the expense of the
Redeveloper.
(e) Deliver 'of Pro ert . The City will deliver the property
ed scri e n c e u I e A hereof at the time "set forth in Schedule
C hereof. The Redeveloper agrees to pay for and accept title
of such property as called for :inthisAgreement', and agrees to
begin development promptly, on the';property;conveyed within the
time called for in this ,Agreement'. Failure by the Redeveloper
to pay for and accept' delivery of: the urban renewal land as
called for herein will'result in ,forfeiture of the deposits.
posted with the City by the Redeveloper attributable to such
' to other, remedies
property, without 1� g Y mitis .the Cit as
against the Redeveloper. 'In the event the City is unable to
deliver the property as:called for in Schedule C to the
Redeveloper, the-Redeveloper:shall have the option of rescinding
the development'contract only as to such parcels in default by
causing a,written',-notice to be served upon the City of the
'
exercise of such option.Upon receipt by the City of this
notice,, the City shall have sixty (60).days to cure the
default by tendering the property covered in',the notice to the
Redeveloper. If the City is unable to cure :the default within
-
the sixty ',(60).,days as provided herein, theRedeveloper shall,
at its option, stand relieved ofiits 'obligation to accept the
parcel or'parcels-involved and: the City shall, in such event,
promptly, refund that portion of the Redeveloper's deposit
attributable to such parcels to 'the Redeveloper. It is expressly
'
understood and. agreed that 'the City shall no other
,have
liability, director indirect,.to'the Redeveloper on account"
of delay or!',inability to deliver land to the Redeveloper as
-3-
called for in this Agreement and the Redeveloper's remedy in
the event of default by the City in delivery of urban renewal
land is hereby specifically limited to rescinding the contract
as to such land as provided in this paragraph.
per. In the event the Redeveloper fails to
M Default Levelo
Ru' 1
a7
ic Ee5i di iBN of anr pay for one or more parcels of property,
ry
as called for in this Agreement, the City may, at its option,
call the entire Agreement, or the Agreement as it applies to
any part of the property, in default, serve a proper notice of
forfeiture upon the Redeveloper and terminate this Agreement
in its entirety except that forfeiture of this Agreement shall
not relieve the Redeveloper of the obligations imposed by this
Agreement as to property already delivered to the Red6veloper.
SECTION 3. GOOD FAITH DEPOSIT
(a), Amount. The Redeveloper has, prior to or simultaneously with
tYe execution of the Agreement by the City, delivered to the
City,a good faith deposit or a surety bond in the penal amount
of $1400.00 Dollars, (ten
percent (10%) oftFe--pu—r—case price), in which the City is the
obligee,,issued by a surety
company regular y engaged in the issuance of such un2rer
takings and on the list of surety companies,approved by the
United States Treasury for at least such amount, or cash,
or a certified check satisfactory to th'eXity,in the amount of
I One thousand four hundred:($1400.00)---l-' -- Dollars, herein-
after called "Deposit," as security for t e per ormance of the
obligations of:the Redeveloper.to be performed prior to the
the Deposit to the Redevelope'r, or its retention by
the City as liquidated damages, or its application on account
of the Purchase Price, as case ase may be, in accordance with
the Agreement.
The:Deposit, if cash or certified check, shall be deposited in
an account of the City in a bank or trust company selected by
(b) Intst. The City shall be, under no obligationito pay or
ereinterest
'earnon the Deposit, but if interest is payable
thereon such interest when received by the City shall be:
promptly paid to the Redeveloper.
Retention by City_.',the Upon termination Agreement as
provided in bectlons 703 and 704 of Part 11 hereof, the
Deposit or the proceeds of the Deposit, if not theretofore
returned to the Redev6loper pursuantto Paragraph (d) of this
Section, including all interest payable to such Deposit orthe
proceeds thereof after such termination, shall be retained by
!J
the City Agency as provided in Sections 703 and 704 of Part 11
hereof.
-4-
(d) Return to Redeveloper. Upon termination of the Agreement as
provided in of Part II hereof, the Deposit shall
be returned to the Redeveloper by the City as provided in
Section 702 of Part I1 hereof.
SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS
The construction of the Improvements called for in this Agreement
shall be commenced and completed in accordance with Schedule D
hereof (te-be-subm4 tted-by-Develepee-with-his-propeaal). Provided,
that if a mortgage securing money loaned to finance the Improve-
ments, or any part thereof, is insured by the Secretary of Housing
and Urban Development, then the aforesaid completion time shall not
apply, but, instead the construction of the, Improvements, or any
part thereof,'shall 'be completed within the time specified in the
applicable Building Loan Agreement approved by the Secretary of
Housing and Urban Development.
SECTION 5. TIME FOR CERTAIN OTHER ACTIONS
ede-
(a) Time for Submission of Preliminar Design Plans. The Rede-
ve opens a su mitre m nary Design Plans as called for in
veloper s
Sectionl301 of Part 11 of this Agreement as soon as possible
after the ;time for conveyance set forth in Schedule C hereof,'
and shall submitsuch, plans in no event later than 30 working days
after conveyance.!
(b) Time for Submission of Construction' Plans. The Redeveloper
shall submit construction plans as called for in Section 301
of Part,II-of this Agreement as soon as possible, after approval
of the Preliminary Design Plans by ,the City Council, and in no
event, ,later than' sixty (60) days prior to the time: for start.
of 'construction called for in Schedule D hereof.
(c) Time for Submission of Corrected Plans. In the event that
nary Design Plans or onstruct on Plans are rejected,b
Pre m y
the City, as set forth in Section '301 of: Part II of this
Agreement, the Redeveloper shall submit corrected plans
within thirty 30) days of said rejection.
(d) If any hardship shall exist in complying with the foregoing
'
provisions of this Section, the Redeveloper may petition to
the City in writing for 'an extension of time for performance
of any part of this Section, setting forth,in detail the
_
reasonslfor needing, such extension.
SECTION 6. PERIOD OF DURATION OFICOVENANT',ON USE
The covenants pertaining to the use of; the Property, set forth in
Paragraph,(a),of Section 401 of Part II hereof, shall remain in
effect from the date of the Deed until) October 2,1994, the period
specified :or referred to in the Urban Renewal Plan, and shall
p
automatically, extend for five year periods thereafter, unless
y ;
changed by the City Council.
r
a,
-5-
SECTION 7. NOTICES AND DEMANDS.
A notice, demand, or other communication under the Agreement by
either party to .the other shall be sufficiently given or delivered
if it is dispatched by registered or certified mail, postage
prepaid, return receipt requested, or delivered personally, and
(i) in the case of the Redeveloper, is addressed to or delivered
personally, to the Redeveloper at
Old Capitol Associates
200 Plaza Centre One
Iowa City, Iowa 52240
AND
(ii) in the case of the City, is addressed to or delivered personally
to the:
City Manager
Civic Center
410 E. Washington St.
Iowa City, IA 52240
respect to either such party as that
at such other address with "res
,, or P
may,,from time to time, designate in writing and forward to the
other as provided in this Section.
SECTION 8. COUNTERPARTS
The Agreement is executed in three (3) counterparts, each of which
shall constitute one and the same instruments.
SECTION 9. ADDED,PROVISIONS
The City understands, and hereby agrees that the Redevelopershall convey
title to his parcel to the owner of the property immediately to the west
of said,parcel, for an amount equal to the Redeveloper's cost. Thereafter,
notwithstanding any other provision in this; contract, no interest in this
property shall be sold, assigned or otherwise conveyed during the period
of duration of the covenant of use specified in Section ',6 of this contract
without'rprior written approval` by the City.,, The City shall not withhold
approval>'should said interest in this property be conveyed, assigned, or
otherwise' transferred as part of the larger`Iparcel composed of: commencing
Al:at the northeast corner of Lot 8, thence south 68,feet,,west 75 feet, north
41 feet,;east 2 and one-sixth feet: north 27 feet, east 72 and five -sixths
feet to; the point.of,beginning, Block 102, Iowa City, Johnson County, Iowa,
according',to the recorded plat thereof.'
IN WITNESS WHEREOF, the City has caused', the Agreement to be duly
executed in its name and behalf by ,its Mayor and its seal to be hereunto
duly affixed and 'attestedby its City Clerk, d the Redeveloper has
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caused. the'Agreement to be duly executed in its name'and behalf by its
1; participants an4-4s-aorporste-se4r-ta-be'bereuatc-duly-a€€4xed -
and-at{est 4r -Secretary, on'or as of the day first above written.
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City of Iowa City, Iowa
By: — -/1 Mk C AH I &'rf I ? ko
Mayor
A/T'T&, TT:
City Clerk
Redeveloper
Old Capitol Associates
By: Old Capitol Businoos Center Company (A Participant)
Dated: Jn.�,t oG �9i�
Dated:
Hieron, Inc. (An Ywia Corporation)
Investments Incorporated (An,
Iowa Corporatiio-n))-
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SignaEuxe (Wilfreda Hier ymus)
Si.gnat a (Jay C. Oehler)
President
(President
Title
'Title
3322 Muscatine Avenue
1200 Plaza Centre One
Iowa Citv,`Iowa 52240
Iowa City, Iowa 52240
Address and Zi Code
Zip
Address and Zip Code
By Neadow, Link, Incorporated (A Participant)
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(An" ndiana orporation)
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-Presider_t
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Title,
4415 West Harrison Street
Hillside, Illinois 60162.
Address and Zip Code
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SCHEDULE A
LEGAL DESCRIPTION
All that certain parcel or parcels of land located in the City
of Iowa City, County of Johnson, State of Iowa, more particularly
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described as follows, to wit:
The east 30 feet of'the north 68 feet of Lot 8, Block 102,
,i Iowa City, Johnson County, Iowa, according to the recorded
plat thereof.
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SCHEDULE B
PRICE OFFERED
PARCEL NO. PRICE
102-2 $14,000
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SCHEDULE C
TIME FOR CONVEYANCE
PARCEL NO.
DATE
102_2
Not later than 30 working
days following execution
of this Agreement.
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SCHEDULE D
Improvements on the parcel listed below will commence and be
J''completed in accordance with the following schedule:
PARCEL NO. COMMENCE ESTIMATED COMPLETION
102-2 Not later than 30 Within 90 working days
days of all necessary of start of construction.
approvals of the con-
struction plans.
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OLD CAPITOL ASSOCIATES
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Part II
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SALE OFLANDFOR PRIVATE REDEVELOPMEW
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ARTICLE 1. PREPARATION Of PROPERTY FOR REDEVELOPMENT
SECTION 101. DEMOLITION AND SITE CLEARANCE". It is agreed that the
City shall convey and the redeveloper shall accept the property set
forth in Schedule A of this agreement AS IS and it is expressely
agreed that the City makes no warranty, express or implied, regarding
subsurface conditions and that the City shall have no liability for
any damages arising from subsurface conditions. It is further
agreed that any contracts or specifications for site demolition and
clearance which may have been examined by the redeveloper were
examined Jor information purposes only, and that the City shall'
assume no liability for any defects or variance from the specifications
for work previously completed.
'SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including
current taxes, if any, re ating to puddings or other structures
demolished or to be demolished in accordance with Section 101
hereof shall be borne by, and all income or salvage received as 'a
result of the demolition of such buildings or structures shall `
belong to the..City.
SECTION 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The
City, wit out,expense tolthe Redeveloper or assessment or claim
against the property,.shall cause the restriction of traffic and>
construction of public improvements on 'existing '',street, rights -of-
,j:r.
way, and the construction of parking structures as specifically 'set
forth in the Urban Renewal'Plan. Provided, the City reserves the
right to makeifuture modifications to the traffic circulation
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system and to`the public improvements when such 'changes are deemed
necessary andlin the public interest, and further Provided in the
event that the City, after a'good faith attempt to do, so is, unable
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to construct the parking structures due to an inability to issue
revenue bonds; the City shall be without liability to the developer
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or the developer's assigns.
(a) :Installation of Public Utilities = The installation' or re-
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location by the City or public utility company of, such sewers,
drains, water and gas distribution lines, electric, telephone,
and ,telegraph lines and all other public utility lines,
installations, and facilities as are necessary to be installed
or relocated on or in connection with the Property by reason
of the redevelopment contemplated, by the.Urban Renewal Plan
and the development of the Property: Provided, that the City
shall not be responsible for, nor bear any portion of the cost
of, ,installing the necessary utility connections within the
boundaries of the Property between ,the Improvements to be
constructed on the Property b the Redeveloper'and the water,
construe e p Y Y`
sanitary sewer,",and storm drain mains or other public utility
lines owned by the City or by any public utility company,
within or without such boundaries, :or electric, gas, telephone,
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or other public utility lines owned by any public utility,
company ',within or without such boundaries; and the Redeveloper
shall secure'any permits required'for',any such installation
without::cost or'expense 'to the City.
SECTION 104. WAIVER 01: CLAIMS AND JOINING IN PITITIONS BY It LN EVI:I_UI11.1o!
The Rideveloper liereUy waives (a, Lhr })iirchascr of the l'rolicrl:y
under the Agreement and as the owner after the conveyance of the
Property provided for in the Agreement) dny and all claims to
awards of damages, if any, to compensate for the closing, vacation,'
restriction, change of restriction or change of grade of any
street, alley, or other public right-of-way within or fronting or
abutting on, or adjacent to, the Property which, pursuant to
Section 103 hereof, isto be closed or vacated, or the grade of
which is to be changed, and shall upon the request of the City
subscribe to, and join with, the City in any petition or proceeding
required for such vacation, dedication, change of grade, and, to
the extentnecessary, rezoning, and execute any waiver or other
document 'in"respect thereof.
ARTICLE II. RIGHTS OF ACCESS TO PROPERTY
SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for
'
itself, the City, and any public utiflty company, as may be appro-
priate, the unqualified right, to enter; upon the Property at all
reasonable times for.the`purpose of reconstructing, maintaining,
repairing, or servicing the public utilities located within the
Property boundary lines and provided for in the easements described
„i or' referred to in Paragraph (a), Section 2 of, Part I hereof.
SECTION 202. REDEVELOPER' NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The
Redeveloper shall not:-constructany building or other,structure or
improvement on, over,°or within the boundary lines of any easement
forpublic utilities described or referred to in Paragraph (a),
Section,2 of Part Thereof, unless such construction is',provided "
I, for in such easement or has been approved in writing by the City
{,. Engineer, or',the authorized representative of an affected public
utility.
y; SECTION 203. ACCESS TO PROPERTY. 'Prior to the conveyance of the
s Property by t e City to the Redeveloper, the City shall permit
representatives of the'Redeveloper to'have access to any Property'`
' to which the City,holds title, at all ' -reasonable times for the
*, purpose of,obtaining data and making various tests concerning the
Property necessary to 'carry out the Agreement. :After the con-
veyance of'the Property by the City'tothe Redeveloper,, the Re-
developer shall permit employees, agents or representatives of the
'
City 'access 'to the Property at all reasonable times for the pur-
poses of the Agreement, including, but'not'limited to, inspection
of,all work being ,performed in connection with the construction of
the Improvements. No compensation'shall be payable nor shall any
charge be made in any form by any party for the access provided for
,,. in this Section.
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ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in
this Agreement the term "preliminary design plans" shall include a
site plan and preliminary plans for Improvements which clearly show
the size, location, and external appearance of any structures,
along with:such other information as is necessary to fully deter-
mine the intentions of the redeveloper. The term "construction
plans" shall mean,all plans;specifications, drawings, or other
information'required to be submitted for issuance of any permit
called for by applicable codes and ordinance. The term "Improve-
ments", as used in this Agreement, shall be deemed to make reference
t6,any buildings, structures, renovations, or other improvements,
as provided for and specified in this Agreement, preliminary design
plans, and construction plans.
The Redeveloper shall, Prior to the construction of the Improve-
ments called for in this Agreement, submit for approval by the City
Council preliminary design plans, and such other information as is
necessary for the City Council to fully determine the intentions of
the redeveloper. Such plans shall be submitted no later than the
time specified therefor in Paragraph (a), Section 5, of Part I
'I
hereof. It is expressly understood that the preliminary design
plans shall be submitted to review by the City's Design'Review
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Committee. Approval of such preliminary design, plans by the City.
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Council shall in no way relieve the redeveloperof the respon-
sibility for obtaining all required permits and otherwise fully
complying with all applicable state and local codes and ordinances. It
Following approval of preliminary design plans by the City Council
I
the redeveloper:shall submit construction'plans and other informat
lk
tion necessary to obtain all permits required by applicable codes,
and ordinances.,'
The preliminary design plans, as defined!herein shall in: any
'event, be deemed approved by the City Council unless rejection
thereof in writing,shall: be set forth bythe City within ;forty (40)
'days after the date of their receipt by the City Clerk. iIf, the
:City so rejects such preliminary design plans in whole or'in part,
the Redeveloper shall submit new or corrected preliminary, design
Plans which correct the defect set forth in the rejection" within
_._'the
' time specified therefor in Paragraph C, Section 5 of,; Part I
hereof. The provisions of this section relating to approval,
rejection, 'and resubmission of, corrected preliminary design plans
herein above provided with respect to the original p ans shall
continue to apply until the preliminary design plans have been
approved by the City Council.
All work with 'respect to the Improvements to be constructed or
�ovided by the redeveloper on the property shal I be inconformity
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with the prelimina'ry design plans as approved by the City Council.
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Cdnstructiontplans called for herein shall be consistent with and
logical extensions of the preliminary design plans approved by the
City'Coun'cil.
11-3
SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper
desires to make any 'changes in the preliminary design plans after
their approval by the City Council, the Redeveloper shall submit
the proposed change to the City Council for its approval. Changes
in construction plans as defined herein, may be approved by the
Department of Housing and Inspection Services, provided that such
changes will not cause the Improvement to be constructed in a
manner not consistent with the preliminary design plans as approved
by Council.
SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS.
The Redeveloper agrees for itself, its successors and assigns, an
every successor in interest to the Property, or any part thereof,
and the Deed shall contain covenants on the part of the Redeveloper
For itself and such successors and assigns, that the Redeveloper,
and such successors and assigns, shall promptly begin and diligently
pursue to completion the redevelopment of the Property through the
construction of the Improvements thereon, and that such construction
shall in any event beibegun within the period specified in Section
4 of Part I hereof and be completed :within, the 'period 'specified ;in
such Section 4. It is intended and `l agreed:, and the Deed shall so
expressly "provide, that such,'agreements and,covenants shall be :I
covenants running with the land and that they shall, in, any event,
and without regard to technical classification or designation,
d except: onl as otherwise specifically
legal or otherwise,'an p y p Y
provided in the Agreement itself, be, to the fullest extent permitted
by law and equity, binding for the benefit of the community and the
City and enforceable by the City against the Redeveloper and its:,
successors and assigns to or of the Property or any part thereof'or
any- interest' therein.,
RTS Subsequent , uent to conveyance of the Property,
SECTION 304. PROGRESS REPO q Y P Y
s, or any part thereof; to the Redeveloper, and until construction of
the ',Improvements ha
sibeen completed,' as set forth in Section 305
' hereof, the Redeveloper shall make reports, :set forth the status of,
Improvements, construction schedule', and such other information_'as
may reasonably be requested by: the City, as to 'the actual progress
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of the Redeveloper with respectect to such construction.
s. SECTION 305. CERTIFICATE OF C014PLETION.
t `d
(a) Within thirty (30) days.after'completion of the ,improvements,
in accordance with those provisions of the Agreement relating
solely'to the'obl,.igations of the Redeveloper to construct the
Improvements (including,, the dates for beginning and completion
thereof)', the'City will furnish the Redeveloper with an appro-
priate instrument
ppropriate>instrument so certifying. Such certification by the
City, shall be (and it shall be so provided in the Deed and in
41
the certification ,itself) a conclusive determination of satis-
faction and termination of the, agreements and covenants in the
dates for the beginning 'and completion thereof: Provided,
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f there is upon the Property a mortgage insured, or held
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or owned, by the Federal Housing Administration and the Federal
Housing Administration
shall have determined that all buildings
constituting a part of the Improvements and covered by such
mortgage are, in fact, substantially completed in accordance
with the plans and are ready for occupancy, then, in such
event, the City and the Redeveloper shall accept the deter-
mination of the Federal Housing Administration as to such
completion•of the construction of the Improvements in accor-
dance with the plans, and, if the other agreements and covenants
in the Agreement obligating the Redeveloper in respect of the
construction and completion of the Improvements have been
fully satisfied,!the City shall forthwith issue its certifi-
cation provided for in this Section. Such certification and
such determination shall not constitute evidence of compliance'
with or satisfaction of any obligation of the Redeveloper to
any holder of,'a'mortgage, or any insurer of a mortgage,' securing
money ',loaned to finance the Improvements, or any part thereof.
(b) With respect to such individual parts or parcels of the Property
which,' if so, provided in Part Thereof, the Redeveloper may
convey, or lease as the Improvements to be constructed thereon
" are completed, the City will also, upon proper completion of
the Improvements: relating to any such part or parcel, furnish
the Redeveloper with an appropriate instrument, certifying
that such Improvements'relatingto any such part or parcel
have been made in accordance with the provisions of the'Agree-
ment. Such certification shall mean and, provide (1') that any
party purchasing or leasing such ';individual'part or parcel
pursuant to the authorization, herein contained shall not
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(because of,such purchase or lease) incur any obligation with
respect;, to the, construction of the Improvements relating to:
such part or parcel or to any other part or parcel'of the
Property; and (2) that neither :the City nor any other party,
shall, thereafter have or be entitled to 'exercise with respect
to any. such :individual ,l,part or parcel so sold (or,' in the .case
of lease, with respect,to the leaseholdinterest) any rights
or remedies or controls that it,may otherwise have',or be
N, entitled to exercise with respect -to the construction of
Improvements as called for herein::
(c), Each certification provided for in this Section shall be in
such form as!will enable it to be recorded in the proper
office for the :'ecordation of 'deeds and other instruments
pertaining to the Property, including the Deed. If the City
. shall. refuseor.fail to provide any 'certification in accor-
+ dance with the provisions of this Section, the City shall;
within :thirty (30) days after written request by the Rede-
veloper, provide'the'Redeveloper with a written statement;
indicating,in adequate' detail in what respects the Redeveloper
has failed to complete the Improvements in 'accordance with the
provisions of: the Agreement, or is otherwise in default,, and
what measures or acts it will be necessary, in the opinion of
t.:. the City, for the Redeveloper to take or perform in order to
obtain such certification.
Asa
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ARTICLE IV. RESTRICTIONS UPON USE Or PROPERTY
SECTION 401. 'RESTRICTIONS ON USE. The Redeveloper agrees for itself,
and its successors and assigns, and every successor in interest to
the Property, or any part thereof, and the Deed shall contain
covenants on the part of the Redeveloper for itself, and such
successors and 'assigns', that the Redeveloper, and such successors
and assigns, shall:,
(a)' Devote the Property to, and only to and in accordance with,
the uses specified in the Urban Renewal Plan; and
(b)' Not discriminate upon the basis of race, color, creed, religion,
age, disability, sex or national origin in the sale, lease, or
rental or in the use,or occupancy of the Property or any
improvements erected or, to be erected thereon, or any part'
thereof'.'
(c). All advertising (including signs) for sale and/or rental of
the whole or any part of the Property shall include the legend,
' "An OpenOccupancy Building" in type or lettering of easily
legible'size and design.' The word "Project" or "Development"
may, be substituted for the word ,"Building where circumstances
require:such substitution.
(d) Comply with the regulations issued by the Secretary of Housing
and Urban' Development set forth, in 37 F.R. 22732-3: and all
applicable rules and orders issued thereunder which prohibit
the use of lead=based paint in residential structures under-
going :federal ly-assisted, construction or rehabilitation and
require the elimination of lead-based paint hazards.
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"SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF
DURATION. It is intended and agreed, and the ee s a so expressly
+t. provi� that the agreements and covenants pro in
Section'401
r hereof shall'jbe covenants running with the land, and that they
hall, in any event, and without regard to technical classification
or:,designation, legal or otherwise, and except only as otherwise
'C specifically';provided in the Agreement, be binding, to the fullest
extent permitted by; law and equity,lfor the benefit and in favor
of, and enforceable, by, the City, its successors and.assigns, any
t,! successor in interest to the Property, or any part thereof, and the
United States '(in 'the case of the covenant' provided in subdivision
(b) of Section 401 hereof); againstlthe Redeveloper,' its successors
and assiyns'and every successor in interest to the Property, or any
a part thereof or any, interest' therein;' and any party in possession
or occupancy ,of the! Property or any part thereof. it is further'
intended and agreed lthat the', agreement and covenant provided in
subdivision (a) of Section''401 hereof shall remain in effect for,
the,'period.of time, or until the date, specified or referred to in
Section 6 of, Part I,hereof :(at which time such agreement and covenant
shall terminate) and that the agreements and covenants provided in
I.
subdivision (b) of Section 401 hereof shall remain in effect
without limitation as to time: Provided, that such agreements and
covenants shall be binding on the Redeveloper itself, each successor
in interest to the Property, and every part 'thereof, and each party
in possession or occupancy, respectively, only for such period as
such successor or party shall have title to, or an interest in, or
possession or occupancy of, the Property or part thereof. The
terms "uses specified in the Urban Renewal Plan" and "land use"
referring to provisions of the Urban Renewal Plan, or similar
language, in the Agreement shall include the land and all building,
housing, and other requirements or restrictions of the Urban
Renewal Plan pertaining to such land.
SECTION 403. CITY AND UNITED 'STATES RIGHTS TO ENFORCE. In amplifica-
tion, and not in restriction of, the provision of the preceding
Section, it is intended and"agreed that the City, and its successors
t and',assigns shall be deemed beneficiaries of the agreements and
covenantsprovided in Section 401 hereof, and the United States
shall be deemed a beneficiary of the covenant provided in sub-
division (b)'of Section 401 hereof, both for and in their or its
own right and also for the purposes of protecting the, interests of
the community and other parties, public or private,, in whose favor
or for whose'favor'or for whose benefit such agreements and covenants
have been,'provided. Such agreement and covenants shall (and the
Deed 'shall so state) rum in favor of the Cityjand the United
States, fortheentire period during ,which such agreements and `
covenants shall be in force and effect; without regard to whether
the City or the United States has at ',any time';been, remains, or in
an ,owner of any landror interest therein to or in favor of which
r such; agreements and covenants relate. TheCity shall have the
right, in the,event of any breach of any such agreement or covenant,
t' ! and the United States shall, have the right in the event of any
ibreach of thelcovenant provided in subdivision (b) of Section 401
hereof, to exercise all the rights and remedies, and to maintain
i any, actions or suits: at law or in equity or other proper proceedings
to enforce the curing of such breach of agreement or covenant, to
which it or any other beneficiaries of such agreement or covenant'
may be entitled.
' ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper
represents an agrees that its purchase, of t e Property, and its r'
other undertakings pursuant to the Agreement, 'are , and will be
used; for the purpose' :of the redevelopment of the Property and not
for ',speculation in land holding. The Redeveloper further recognizes
that,lin view of
(a) the importance of the redevelopment of the Property to the
general welfare of the community;
(b) ,the substantial financing and other public aids that have been
,made' available by, law and by the Federal and local Governments
Ifor,thepurpose of making such redevelopment possible; and
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(c) the fact that'a transfer of the stock in the Redeveloper or of
a substantial'; part thereof, or any other act or transaction
11-7
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nowner-
ship
''n significant change in the owner
in vin or resultingi a i
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ship or distribution of such stock or with respect to the
identity of the parties in control of the Redeveloper or the
degree thereof, is for practical purposes a transfer or
disposition of the Property then owned by the Redeveloper,
the qualifications and identity of the Redeveloper, and its stock-
holders, are of particular concern to the community and the City.
The Redeveloper further recognizes that it is because of the recog-
nition of such qualifications and identity that the City is entering
into 'the -Agreement with the Redeveloper, and, in so doing, the City
is further willing to accept and rely on the obligations of the
Redeveloper for the faithful performance of all undertakings and
covenants in ;the Agreement:
SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF
REDEVELOPER. For the foregoing reasons; the Re eve oper agrees
for i�f, and all persons holding an interest therein, their
"i heirs, successors andassigns that there shall be no change or
transfer of ownership or control by any person or combination of
persons owning or controlling ten (10) percent or more interest in
the Redeveloper through sale; assignment, merger, increased,
P 9
capitalization or by any other, means, without; the express written
approval of the City. With respect to this provision, the Rede-
veloper and the partiessigning the Agreement on behalf of the
" Redeveloper represent that they; have the authority of all persons
holding interest therein to agree to this provision on their behalf
{ and to bind them with respect thereto.
i
SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF
AGREEMENT. so, .for .the foregoing reasons the Reeve oper represents
r , ann rees,for itself, and its successors and assigns, that:
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(1) by way of security for, and only for, (i) the purpose of
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obtaining financing necessary to enable the Redeveloper
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or any successor in interest to the Property,, or any part
thereof, to perform its obligations with respect to
'j ,•'' making the Improvements under the Agreement, and (ii) any
other purpose authorized by the Agreement, and
(2) as to any individual parts or parcels of the Property on
which the Improvements to be constructed thereon have
been completed,,and which, by the terms:of the Agreement,
the Redeveloper is authorized to convey', or lease as such
Improvements are completed,'
'r the Redeveloper (except as so authorized) has
_ not made or creat
ed,
and that'itwill not Prior to the proper completion of the im rov)
e-
meetsas,certified
by the City, make or create, or suffer to'be
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made or created, any total or partial sale, assignment, conveyance,
or lease, or any trust or power, or transfer in any other mode or
form of or with respect to the Agreement or the Property, or any
part thereof or any interest therein, or any contract or agreement
to do any of the same, without the prior written approval of the
City: Provided, that prior to the issuance by the City of the
certificate provided by in Section 306 hereof as to completion of
construction of the Improvements, the Redeveloper may enter into
any agreement to sell, lease; or otherwise transfer, after the
issuance of such certificate, the Property or any part thereof or
interest therein, which agreement shall not provide for payment of
or on account of the, purchase price or rent for the Property, or
the part thereof or the interest therein to be so transferred,
prior to the issuance of such certificate.
(b) The City shall be entitled to require, except as otherwise
provided in the Agreement, as conditions to any, such approval
that:
(1) Any ,proposed '',transferee shall have the qualifications and
financial responsibility, as determined by the City,
necessary and adequate to fulfill the obligations under-
taken in the Agreement by the Redeveloper (or, in the
event the transfer is'of orlrelates'to partlof'rthe
Property, such obligations to the extent that they relate
to such pant).
'
(2) Any 'proposed transferee, by instrument in writing satis-
factory to the City and in form recordable ampng the 'land
records, shall, for itself and its successors and assigns,
and expressly for the benefit of the City, have expressly
assumed all ,of the obligations of the Redeveloper under'
the:, Agreement and agreed ito be,subject to all the condi"
ub-
tions and restrictions to which the Redeveloper is sub-
ject'(or, in'the event the transfer, is of or relates to
ject (or;
part of the Property, such obligations, conditions, and',
restrictions :to the extent that they, relate to 'i such
i;
part): Provided, that any instrument or agreement which
purports to transfer any interest whatsoever caused by
this agreement without the express written approval!of
the City, is'inull
andl,void.,
(3) There shall be submitted to the City for review', all
d,
instruments and other legal documents involved in effecting
transfer; and iifrapproved by the City, its ,approval 'shall
be indicated,to the Redeveloper in writing.
(4) The consideration payable for the transfer by the trans-
r ,
.,
feree or on'itsbehalf:shall not exceed an amount repreII-
^!-�
senting the actual cost (including carrying charges) to
the',Redeveloper of the Property (or,allocable to the part
thereof or interest therein transferred) and the 'Improve-
ments, if any, theretofore made thereon by it; it being
the intent of this provision to preclude assignment of
the'Agreement or transfer of the Property for profit
1
1,
11-9
f t:t
prior to the issuance of the certificate of completion as
set forth in Section 306 of this Agreement. The City
shall be entitled to increase the Purchase Price to the
Redeveloper by the amount that the consideration payable
for the assignments or transfer is in excess of the
amount that may be authorized pursuant to this sub-
division (4), and such consideration shall, to the extent
it is in excess of the amount so authorized, belong to
and forthwith be paid to the City.
(5) The Redeveloper and its transferee shall comply with such
other conditions as the City may find desirable in order
to achieve and safeguard the purposes of the Urban
Renewal Act and the Urban Renewal Plan.
Provided, that in the absence of specific written agreement by the
City to the contrary, no such transfer or approval by the City
thereof shall be'deemed to relieve the Redeveloper, or any other
party bound in any; way by the Agreement or otherwise with respect
to the construction of the Improvements, from any of its obli-
eo
gations with ,respect thereto.
SECTION 504. INFORMATION AS TO HOLDERS OF .INTEREST IN REDEVELOPER. In
.order to assist in t o effectuation of the purpos
es of thi -s—lVrticle
V and the statutory objectives generally, theRedeveloperagrees `
that during the period between execution of the Agreement and
completion of the Improvements as certified by 'the City,
(a) the Redeveloper will promptly notify the City of any, and all:
changes whatsoever in the ownership or control of interest,
legal or beneficial, or of any other act or transaction
involving or resulting in any change in the ownership of such
i
interest or in the relative distribution thereof, or with
,. respect to the identity of the°,i parties in control of the
Redeveloper or the degree thereof, of which it or any of its
officers have been notified or',otherwise have knowledge or
i-
in and
(b) :the Redeveloper shall at such time or times as the City may
request,' furnish the City with a`complete statement, sub-
,:- scribed and sworn to by ,the President or otherexecutive
officer of the Redeveloper, setting forth all of the holders
{
of interest in; the Redeveloper and the extent of their re-
spective'holdings, and in the event any other partieshave a r
a beneficial interest in such holdings their names and. the
extent of such interest, all as determined or indicated by the
records>of the Redeveloper, any 'specific inquiry made by any
: such officer,; of all parties who on the basis of all such
`- records own ten (10) percent or more of the interest in the
Redeveloper, and by such other knowledge, or information as
such officer shall have; Such lists, data, and information
shall in any 'event be furnished the City immediately' prior to
'i
the delivery of the Deed to the Redeveloper and as a condition
3rY` precedent thereto, and annually r thereafter on the anniversary
s of the date of the Deed ,until the issuance of a certificate of
;{f completion of all.the Property.
)
11-10
i X
I
ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the
completion of the Improvements, as cern ie y the City, neither
the Redeveloper nor any successor in interest to the Property or
any part thereof shall engage in any financing or any other trans-
action creating any mortgage or other encumbrance or lien upon the
Property, whether by express agreement or operation of law, or
suffer any encumbrance or lien to be made on or attach to the
Property,.except for the purposes of obtaining
(a) funds only to the extent necessary for making the Improvements,
and
(b) such additional funds,, if any, in an amount not to exceed the
-'Purchase Price paid by the Redeveloper to the City.
The Redeveloper or successor in interest) shall notify the City in
advance of any financing, secured by mortgageorother similar lien
instrument, it proposes to enter into with respect to the Property,
or any part thereof, and in any event it shall promptly ',notify 'the
City of any encumbrance or lien that has been created on or attached
to the Property, whether, by, voluntary act of the Redeveloper or
otherwise. For the purposes of such mortgage financing ','as may be
made pursuant to the Agreement, the Property may, at !the option,of
the Redeveloper (or successor in interest), be divided into several
parts or parcels, provided that such subdivision, in'the opinion of
-..
the City, is not inconsistent, with the 'purposes 'of the Urban Renewal
plan and the 'Agreement and is.approved in writing by the City.
SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any
tut
".
of the provisions of the ,Agreement,;lnc uding not"limited to
those which are or are intended to be covenants running wit the
land, the holder of any mortgage authorized by the Agreement (includ-
,.
ing,any such holder who obtains title to the Property or any part
h o
thereof as "a result of foreclosure proceedings, or action in lieu
thereof, but not including (a) any other party who 'thereafter
'
obtains title to the Property or such part from or through such ".
holder, or (b) any other purchaser at foreclosure` sale otherthan,r p
the9' holder of the mortgage e itself) shall in no wise be obligated by
9
the provisions of ,the Agreement to construct or complete the Improve-
ments or to guarantee such construction or completion; nor shall'
any covenant',or,any other provision in the Deed be construed to so
obligate such holder:' Provided, that nothing in this Section, or
'
any other,, Sec tion or proviissi'on of the Agreement shallbe deemed or
construed to permit or authorize any such holder to devote the
Property or any part ,thereof to any uses, or to construct any
{
improvements ;thereon, other than those uses or improvements provided
i.
or permitted lin the Urban Renewal Plan and in the Agreement. P
SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City
s�a11 <ieTiver—'any nofice or demind to the Remeloper with respect
to any breach'or default by the Redeveloper in its obligations or
covenants under the Agreement, the City shall at the same time
forward a copy of such notice or demand to each holder of any
mortgage authorized by the Agreement at the last address of such
holder shown in the records of the City.
SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or
default re erre to in Section 603 hereof, each such holder shall
(insofar as the rights of the City are concerned) have the right,
at its option, to cure or remedy such breach or default (or such
breach or default to the extent that it relates to the part of the
Propertycovered by its mortgage) and to add the cost thereof to
the mortgage': debt -and the lien of its mortgage: Provided, that if
the breach,or default is with respect to construction of the
Improvements, nothing contained in ,this Section or any other
Section of the Agreement shall be deemed to permit or authorize
such holder,,,, either before or after foreclosure or action in lieu
thereof, to undertake or continue the construction orcompletion of
the Improvements (beyond the extent necessary to conserve or protect
Improvements or construction already ,made) without first having ;
expressly assumed the obligation to the City, by written agreement
satisfactory -to the City, to complete,; in the manner provided in
the, Agreement, the Improvements on the Property or the'part thereof
,..
to which the lien or title of such holder relates. Any such holder
"ij:J
who shall properly complete the Improvements relating to the
"
Property or applicable part thereof shall be entitled, upon written
'-
request made to the City, to a certification or: certifications,by
the'City to 'such effect in the manner provided in Section 305 of
{
the Agreement, and any such certification shall; if so requested by
' '
such `holder 'mean and provide that any remedies or rights with
respect to recapture.of or reversion.or revesting of title to the
Property that the City shall have or be' entitled to because of
failure of the Redeveloper oranysuccessor,in'interest.to the
Property, or any part, thereof, to cure or remedy any default with
>'of the Im Improvements on other arts 'or
respect to the constructionp P
parcels of the Property, or became of any other default in or
breach of the Agreement by the Redeveloper or such successor, shall
not apply to;the part or parcel of the Property to which such
certification relates.
SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE' PROPERTY.'
many case, w ere, subsequent to default or breach by the Rede-
veloper (or successor in interest) under the Agreement, the holder
of any mortgage on the Property or part thereof
(a) s has, but does not exercise, the option to construct or complete
�
i the'improveme is relating'.to the Property or part thereof
covered by its mortgage or to which it has obtained title, and
4,
such failure continues for a period of sixty (60) days after
y ;
the holder has, been notified or informed of the default or
'
breach; or
1I-12
(b) undertakes construction or completion of the Improvements but
does not complete such construction within the period as
agreed upon by the City and such holder (which period shall in
any event be at least as long as the period prescribed for
such construction or completion in the Agreement), and such
default shall not have been cured within sixty (60) days after
written demand by the City so to do,
the City shall (and every mortgage instrument made prior to comple-
tion of the Improvements with respect to the Property by the Re-
developer or successor in interest shall so provide) have the
option of paying to the holder the amount of the mortgage debt and
securing an assignment,of the mortgage and the debt secured thereby,
or, in the event ownership', of the Property (or part thereof) has
vested in such holder, by way of 'foreclosure or action in lieu
thereof, the City shall be entitled, at its option, to a conveyance
to it of the Propertyor part thereof (as the case may be) upon
;payment to such holder of an amount equal to the sum of: (i) the
mortgage debt at the time of foreclosure or'action in lieu thereof
(less all ;appropriate lcredits, including those resulting from
collection and application of rentals and other income received
during foreclosure proceedings);, (ii) all expenses with respect to
the foreclosure;'( ii W the net expense, if any, '(exclusive of general
overhead),,incurred fby such holder in and as a', direct result of the
subsequent management of the' "Property;, (iv) the; costs'of'any Improve-
ments made by such holder; and (v) an amount equivalent to the
interest that would have accrued on the aggregate of such amounts
had all such amounts become part of the mortgage debt and such debt
had continued in existence.
SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT: In the event of a
efau t or breach prior to the completion of, the Improvements by
the Redeveloper, or any successor in interest,lin or of any of its
obligationsunder, and to the -holder of, any mortgage or other
„
iw Property o
rnstrument creating an or u onthe l
part thereof, the City may at its option cure :such default or
breach, in which cases the City shall be entitled, in addition to
and without limitation upon any other rights orremedies to which
it shall be entitled by the Agreement, operation of law, or 'other-
wise, to reimbursement i from the Redeveloper or'successor'in interest
of all costsl'and,expenses incurred by the City in curing'; such
default'or breach and 'to a hien upon the Property (or the part
thereof to which the mortgage, encumbrance, or lien relates) for.
such reimbursement:":Provided, that any such lien shall be subject
,i
always to the lien of, 5nc u ing any :lien contemplated, because of
advances yet to be made, by) any then existing mortgages on the
Property authorized by the, Agreement.
SECTION 607. MORTGAGE AND HOLDER.' For the purposes of the Agreement:!
The term "mortgage" shall include a deed of trust or 'other instrument
creating.an encumbrance or lien upon the Property, or any part
r;
thereof, as security for a loan. The term "holder" in reference to
a mortgage,shall include any 'insurer or guarantor, of any obligation
t
'
II -13
„k
or condition secured by such mortgage or deed of trust, including,,
but not limited to, the Federal Housing Commissioner, the Admin-
istrator of Veterans Affairs, and any successor in office of either
such official.
ARTICLE VII. REMEDIES
SECTION 701. IN GENERAL. Except as otherwise provided in the Agree-
ment, in the event of any default in or breach of the Agreement, or
any of its terms or conditions, by either party hereto, or any
successor to such, party, such party (or successor) shall, upon
written notice from the other, proceed immediately to cure or
remedy such default or breach, and, in any event, within sixty (60)
days after 'receipt of such notice. In case such action is not
taken or not diligently pursued, or the default or breach shall not
be'cured.or remedied within a reasonable time, the aggrieved party
may institute such proceedings as may be necessary or desirable in
its opinion to cure and remedy such default or breach, including,
but not limited to, proceedings to compel specific performance by
the party i.n;,default;or breach of its obligations.
SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE.' In the
event that the, City: does not :tender conveyance of the Property, or
possession'tnereof;,in the manner and condition, and by the,date;
provided in'this !Agreement, and any such failure! shall not be cured
'
within sixty (60) days after the date of writtenldemand;by the
Redeveloper,'and the City is unable to demonstrate, to the rea-
sonable satisfaction of the Redeveloper that the defects; cloud, or
other deficiencies in,or,on.title involved, or the part -of the
property to which it relates, is of such nature that the Rede-
veloper will inot be hampered or; delayed in the construction of the
l'
improvements'by taking title and possession subject to such defects,
the City will refund to the Developer any good faith deposit tendered
y
by the Redeveloper for such property or the portion of said good
"
faith' deposit' reasonable'allocable to the portion of the property
nDt,conveye& and this agreement with respect to the property not
„
CC shall be terminated,, provided,( it is hereby expressly
agreed that in the event this, agreement is terminated pursuant to
this Section each party to this agreement shall be solely responsible
;.
h.'
for all expenses incurred or',obligated by it and shall have no
i
claim against the other party. '
SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event
:•:that
prior:to'conveyance of the Property to t e Redeveloper, the
Redeveloper is iW violation°of Section 502 of Part II.of this
Agreement or the Redeveloper does not pay the Purchase Price and
take title to the:Property upon tender of conveyance by the City
pursuant to this Agreement, or the Redeveloper fails to cure any
default or failure within thirty (30) days from the date of written
demand by the City, then this Agreement, and any rights of the
Redeveloper, or any assignee or transferee; in this Agreement, or
arising therefrom 'wi th respect to the City or the Property, shall,
at the option of the City, be terminated by the City, in which
event, as provided in Paragraph C, Section 3 of Part I hereof, the
i
',.
II -14
Deposit or any portion thereof may be retained by the City as
liquidated damages and as its property without any deduction,
offset, or recoupment whatsoever, and neither the Redeveloper (or
assignee or transferee) nor the City shall have any further rights
against or liability under this Agreement to the other in respect
to the property or part thereof for which the deposit has been
retained.
SECTION 704. REVESTING, TITLE IN CITY SUDSE DENT TO CONVEYANCE TO REDEVELOPER.
In the event that subsequent to convance of t e Property or any
ey
part thereof to the Redeveloper and prior to completion of the.
Improvements as certified by the City
(a) the Redeveloper does not submit plans as required by the
_
Agreement in satisfactory form and in the manner and by the
dates respectively,provided in this Agreement; or
(b)" the Redeveloper (or successor in interest) shall default in or
violate its obligations, with respect to the construction,of
the Improvements (including the nature and the dates of for
the beginning and completion thereof), or shall abandon or,
substantially suspend construction work, and any such default,
violation,' abandonment, or suspension' shall not be cured,
ended,,or.remedied within ninety (90) days after written
demand by the City; or
(c) the Redeveloper (or successor in interest) shall fail to pay
real estate taxes or'assessments 'on the Property or any pa
thereof when due, or shall place, thereon any encumbrance or
lien unauthorized by the Agreement, or shall suffer any levy
or'attachment to be made; or any materialmen's or mechanics'
"i
lien, or any other`unauthoriied encumbrance or lien to attach,
"
and such taxes or assessments shall not have been paid, orlthe
atis-
encumbrance or lien removed or discharged or, provision satis-
factorylto the City made'for such payment, removal, or discharge,
factory to
within ninety (90),days,after written demand by the City' or
(d), the Redeveloper violates the provision of Section 502 of Part
II of this Agreement and 'such .violation shall not be cured `
`
within sixty (60) days after written demand by the City to the
,F.
Redeveloper,
r'.
then the City shall have the right to re-enter and take possession
of, the Property, and all Improvements located' thereon and to terminate
(and revest in the ,City) the property 'conveyed by the Deed to the
Redeveloper,, it being the intent of this provision, together with
other provisions of the Agreement, that the conveyance of the
C'
Property to'the Redeveloper shall be made upon, 'and 'that the Deed
shall contain, a condition subsequent to the effect that in the
event of any default,'failure, violation, or other action or inaction
i
by the Redeveloper specified in subdivisions (a); (b); (c) and (d)"
of this Section 704 ,failure on the part of the Redeveloper to
remedy, end,`', or abrogate such default, failure, violation, or other
action or inaction, within the period and in the manner 'stated 'in
such subdivisions, the City at its option may declare a'termination
in;favor of the City of the title, and of, all the rights and interests
in and to the Property conveyed by the Deed to the Redeveloper and
Improvements constructed thereon, and that such title and all
rights and interests of the Redeveloper, and any assigns or suc-
cessors in interest to and in the Property and any Improvements
constructed thereon, shall revert to the City: Provided, that such
condition subsequent and any revesting of title as a result thereof
in the City
(1) shall always be subject to and limited by, and shall not
defeat, render invalid, or limit in any way, (i) the lien of
any mortgage authorized by the Agreement, and (ii) any rights
or interests provided in the Agreement for the protection of
the holders of such mortgages; and
(2) shallnot apply to individual parts or parcels of the Property
(or, inthecase of parts or parcels leased, the leasehold
interest) on which the Improvements to be constructed thereon
have been Completed in accordance with the Agreement and for
which a, certificate of"completion 'is issued therefor as
provided in, Section 305 hereof.
In addition to and without in any way limiting the City's
right to re=entry as provided for in this Section, the City
shall have the right to retain the Deposit or any portion
thereof, as provided in Paragraph C, Section 3 of Part I
hereof, without any deduction, offset or recoupment what-
soever, in the event of a default, violation or failure of the
Redeveloper as specified in this Section.
r
SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS.
Upon_t e', revesting in M Ctty of ttt ego t�Property and any
Improvements' thereon;' or, any part thereof as, provided in Section
704`, the',,City shall„ pursuant to its responsibilities under State
law, use'its best efforts to resell the Property or part thereof
(subject?to such:mortgage liens and leasehold interests as in
,. Section 704 set forth and provided) as soon and in such manner as
the; City 'shall find feasible and consistent with the objective'of
s making or completing the Improvements or such other, improvements in
their stead as shall be satisfactory to the City and in accordance
with the'" uses specified for!such Property orlpart thereof in the
Urban Renewal Plan.' Upon such resale of the Property, the proceeds
thereof ''shall be applied:
(a)i First, to reimburse the 'City, on its own behalf, for all costs
and ,expenses incurred by the City, including but not limited
to salaries of personnel, in connection with the recapture,
management, and resale of the Property or part thereof (but
less any ,income derived by the City from the Property or part
thereof in connection with such management);' all taxes,
assessments, and water and sewer charges with respect to the
Property or part thereof (or, in the event the Property is
exempt from taxation or assessment or such charges during the
period of ownershipthereof by the City; the amount, if paid,
equal to such taxes,'iassessments, or charges (as determined by
it the City ass
essing'official )'!as would have been payable:if the
Property or part thereof at the time of revesting of title
ii
thereto in the City or to discharge or prevent from attaching
or being made any subsequent encumbrances or liens due to
obligations, defaults, or acts of the Redeveloper, its successors
or transferees; any expenditures made or obligations incurred
with respect to the making or completion or removal of the
Improvements or any part thereof on the Property or part
thereof;, and any amounts otherwise owing the City by the
Redeveloper and its successor or transferee; and
(b) Second, to reimburse the Redeveloper, its successor or trans-
feree, up to the amount amount equal to (1) the sum of the
purchase price paid by it for the Property (or allocable to
the part thereof) and the cash actuallyinvested by it in
making any of the Improvements on the Property or part thereof,
unless (2) any gains or income withdrawn or made by it from
the, Agreement or the Property.
Any balance` remaining after such reimbursements shall be retained
by:the City as its property.'
SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY.
TheiCity s a ave t e rtg t to tnstttute:suc actions or proceed-
ings as it may deem. desirable for, effectuating the purposes of this
Article VII 'including :also
the ri ht.
to execute. and record or file
Artt 9
, 9
among the public land records'in the office in which the Deed is
recorded a written declaration of the termination of all the right,
title, and interest of the Redeveloper, and (except for such
individual' parts or parcels upon which construction of that part of
the, Improvements required to be constructedthereon has been
completed, in accordance with the Agreement, and for which a certi-
ficate of completion, as, provided in Section 305 hereof, is to be
delivered, and subject to such mortgage liens and leasehold interests
,> as; provided in Section 704 hereof) its successors in interest and
and the'revestin 'of title thereto in the
assigns, in the Property, 9
9 ,
City:' Provided, that any delay by the City in'instltuttng or
secutf` a —such, actions or proceedings or otherwise asserting
ro
P 9 y.
its rights under this Article VIl shall not operate as a waiver'of
such rights or to deprive it of or limitsuchrights in any way (it
being the intent of thislprovision that the City should not be
;i constrained (so.as to avoid the risk of being deprived of or
;limited in the exercise of the remedy provided in this Section
9 because of'concepts'of waiver, laches;, estoppel, or otherwise) to
exercise 'such_ remedy, it a time when it may still hope otherwise to
resolve the problems created by the default involved); nor shall
any waiver in fact made by the City with respect to any ,specific
default by the Redeveloper, under this Section be considered or,
treated as a waiver of the rights of the City'',with respect to any
other defaults by the Redeveloper' under this Section or with
respect to the particular default except,to the extent specifically
waived in writing.
G
i�
N.� II -17
SECTION 707. IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF
PROPERTY. Should at any time prior to the conveyance of title to
any,Property under this Agreement, the City of Iowa City, Iowa be
enjoined from such conveyance or prevented from so doing by any
order or decision or act of any judicial, legislative or executive
body having authority in the premises, the City at its option may
terminate this Agreement and any obligations incurred by either
party shall cease. In the event of such termination, the City
shall not be responsible, for any damages, expenses or costs incurred
by the Redeveloper by reason of such termination. It is further
agreed and understood that the City shall have no liability for
failure',to deliver 'rtitle 'to such Property or any part thereof to
the Redeveloper after making a good faith attempt to do so.
SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF
PARTY. Jorte purposes of any of the provisions of ';t a Tgreement,
neitTier the City nor the Redeveloper, as the case may be, nor any
'successor in', interest, shall'';be,considered in breach of, or default
in', its obligations with to,this Agreement in the event of
enforced delay in the performance of such obligations due to unfore-
seeable causes beyond its control and without its fault or negligence,
including, but not restricted to, acts of God, acts of the public.
enemy, acts of the other party, fires, floods, epidemics, quarantine
restrictions, strikes, and usually severe weather or delays of
subcontractors due to such causes; it being the purpose and intent
of this provision that in the event of the occurrence of any such
enforced delay, the'time or times for performance of the obligations
of the City or of the Redeveloper( under this Agreement, as the case
may, be, shall' be, extended for the period of the ',enforced delay as
' determined by the City: Provided, That the party seeking the
benefit of the provisions of ,t is Section shall, within ten (10)
Y days,after the beginning of any such enforced delay, have first
notified the other party thereof in writing, and of the cause or
causes thereof, and requested' an extension for the period of the
enforced delay.
SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies
of!t e parties to t e Agreement, whether provided by claw or by the
Agreement, shall be cumulative, land the, exercise by either party of
any one or more of such remedies shall not preclude the exercise by
it''at the same or different ',times, of any other such remedies for
the same default or!breach or of;any of its 'remedies,for`any other
default or breach by the other party.' No waiver made by, either
such party with respect to the performance, or.manner or time
i„ thereof, or any obligation of the other party or any ;condition to
its own obligation under the Agreement' shall be considered a waiver
oflapy rights of the party making;the waiver with respect to the
' ti n of the other art or
condition to its own
titular obli a o
ar Y
P
9 P
obligation beyond, those expressly waived in writing and to the!
r extent thereof, or a waiver in ,any respect in regard to any other
rights of the, party making the waiver or any other obligations of
the 'other party.
II -18
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ON 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS.
The Redeveloper, for itself and its successors and assigns, and fo
all other persons who are or who shall become, whether by express
or implied assumption or otherwise, liable upon or subject to any
obligation or burden under the Agreement, hereby waives, to the
fullest extent permitted ,by law and equity, any and all claims or
SE(
ON 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS.
The Redeveloper, for itself and its successors and assigns, and fo
all other persons who are or who shall become, whether by express
or implied assumption or otherwise, liable upon or subject to any
obligation or burden under the Agreement, hereby waives, to the
fullest extent permitted ,by law and equity, any and all claims or
defenses otherwise available on the ground of its (or their) being
or having become a'person in the position of a surety, whether
real, personal, or otherwise or whether by agreement or operation
of law,. including, without limitation on the generality of the
foregoing, any and all claims and defenses based upon extension of
time, indulgence,.or modification of terms ofcontract.
ARTICLE ViII. MISCELLANEOUS
SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID
LY -LI L . o member, officia „ or employee of the City s a 1
have any personal interest as defined in Chapter 403, Code of Iowa
1977, direct or indirect, in.the Agreement, nor shall 'any such
member, offical, or employee participate in any decision relating
to the Agreement which affects his personal interests or the
interests ',of'any corporation, partnership, or association in which
he is, directly or indirectly, interested. No member, official, or
employee of the City shall be personally liable to the Redeveloper,
orany successor in interest, in the event oflany default or breach
by City'or for any amount which, may become due to the Rede -
Y;• •,
,the
obligations an bbli ations under the terms of, the
veloper or s or,oy 9.
Agreement.
i
SECT IOW 802. E UAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for
agrees that Burin the
itse an Tts successors an assigns,'agre g
,.
construction of the Improvements provided for in the Agreement:
a
(a) The Redeveloperwill not discriminate against any employee or
applicant ,for ,employment because of race;' color, religion,
-.,sex, 'disability,;sexual orientation,,marital status', or
national origin, The Redeveloper, will take affirmative action
to insure that',applicants are employed, and that employees are
treated during employment, without regard to their race,
color,,religion, sex, disability, sexual ;orientation, marital
status,'sex, or national origin,." Such action shall include,
but not'be limited! to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates 'of'pay or other forms'of compen-
,','
sation; and selection for training, including apprenticeship.
The Redeveloper, agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be
provided by the; City setting forth the provisions of this
nondiscrimination clause.
Y+,
,.,
(b)' The Redeveloper will, in all solicitations or advertisements
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for employees ,placed `by or on behalf of the Redeveloper,' state
that the Redeveloper is an equal' opportunity employer.
(c) The Redeveloper will send to each labor union or representative'
of workers with which the Redeveloper has a collective bargaining
agreement or other contract or understandinn, a notice, to be
provided, advising the labor union or workers' representative
of the Redeveloper's commitments under Section 202 of Executive
Order 11246 of September 24, 1965, and shall post copies of
the notice in conspicuous places available to employees and
applicants for employment.
(d)
The Redeveloper will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
(e)
The Redeveloper will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and
by the rules, regulations, and orders of the Secretary of
Labor 'or,,the Secretary of Housing and Urban. Development pursuant
theretoand will ,permit 'access to the Redeveloper's books,
records,', and accounts by the City, the Secretary of Labor for
purposes in investigation to ascertain compliancewith such
rules, regulations, and orders.
(f).
In the event of the Redeveloper's noncompliance with the non -
discrimination,clauses of this Section, or with any of the
said 'rules, regulations, or orders, the Agreement may be
canceled,, terminated, ,or;suspended in whole or in.part and the
'
Redeveloper may be declared ineligible for further Government
contracts or 'federally assisted' construction contracts .in
,.
accordance,with;procedures authorized in Executive Order 11246
'
be
65 and such other sanctions may imposed
of September 124,19 Y
e
and remedies invoked as provided ;in,Executive Order 1.1246 of
September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g),
The Redeveloper will include the provisions of Paragraphs (a)
through (g) of this, Section in every contract or purchase
order, and will require the inclusion,of these provisions in
every, subcontract entered into by any of its contractors,
unless 'exempted 'by rules,, regulations, or orders of the Secretary
of Laborlssued,pursuant to Section 204 of Executive Order,
I`
11246 of September 24, 1965, so that such provisions will:: be
'
binding'',upon each such contractor, subcontractor, or vendor,
,;..
as the 'case may, be. The Redeveloper will take such action
'}
with respect to any construction contract, subcontract, or
purchase order as'the City or the Department of Housing and
'
Urban Development may direct as a`means of enforcing such
provisions, including sanctions ,for noncompliance: Provided,
'
however, That in the event.the Redeveloper becomes invo vT ee
'
in, is ,threatened with, litigation with a subcontractor or
vendor as a result of such direction by, the City or the Depart-
ment of Housing; and Urban Development,, the Redeveloper may
request the United States to enter into ,such litigation to
!.
f
protect :the interests of the United States.
Il -20
^7
i
SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions
of the Agreement are intended to or shall be merged by reason of
any deed transferring title to the Property from the City to the
Redeveloper or any successor in interest, and any such deed shall
not be deemed to affect or impair the provisions and covenants of
the Agreement.
SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several
Pc
Artic 1 es and Sections of the Agreement are inserted for
'rtconvenience 0 reference ference only and shall be disregarded in construing
or interpreting any of its provisions.
NOTICE OF SALE OF LAND
Notice is hereby given that the City of Iowa City, Iowa,
acting pursuant to Chapter 403 of the 1977 Code of Iowa,
undertaking an Urban Renewal Project (said project
bounded by Washington Street on the North, Linn Street
on the East, Court Street on the South, and an irregular
boundary including the Iowa River, Front Street and
Capitol Street on the West, all in Iowa City, Iowa) in-
tends to accept a proposal and enter into a contract for
sale of land for private redevelopment for the following
described real property in said Urban Renewal Area with
the redeveloper identified below:
Parcel Number Redeveloper'
102-2 bid Capitol Associates
A description oflsaid realproperty may be examined in
the office of the City Clerk, Civic Center, 410 East
Washington Street, Iowa City, Iowa, between the hours
•i l
of 8:00 a.m. and `5:00 p.m.. Monday through Friday.'
Persons wishing, to review the agreement prior to the
N'
execution thereof and conveyance of a deed to the above
described redeveloper may do so until December12 at the
Is
office of the City Clerk.'
r,
Dated thisl2th day of November, 1977.
Abbie Stolfus
City Clerk
City of Iowa City
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11
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AGREEMENTS/CONTRACTS
Attached are ) unexecuted copies of C ,
�(.. lJ: ; ✓ �L('S
U, -) x 1c' 7
ion-,
as signed by the Mayor.
their execution
After theirby' the second party, please
route
it
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5
�•.r �• . � f"6'-/ is to
be responsible for
'completionof thie,procedurer
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'Abbie Stolfus
City Clerk'
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RESOLUTION NO. 77-482
RESOLUTION OF. COMMENDATION FOR PRESS-CITIZEN
REPORTER,. MARI, R01114ER
WHEREAS, Mr.IMark Rohnerhas represented the Iowa City Press-
,
Citizen. as the Civic. Center reporter, and,
WHEREAS, Mr. Rohner has been fair and unbiased in his reporting,
!
and,
11HEREAS,'Mr. Rohner:. is leaving our city to represent. the
;.Gannett Newspapers in Washinton,D.C.,_
!'
NOW THEREFORE BE ITI RESOLVED THAT THE IOWA CITY COUNCIL
presents its thanks to Mark Rohner, and wishes him 'good 'luck in
his '.new position.
. Moved by Foster, seconded by Perretto adopt the Resolution as
read, and uponroll call 'there were:
AYES: NAYS: ABSENT:.
,.., ..
IXBalmer
, ,,
x - deprosse
Y,
o
x Foster
II
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��'` ,.•,..
'� x �Neuhauser
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x ". Perrot
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x Selzer `
4i
'x Vevera
Passed and,approved.this 20th day of December,. 1977.
j
till, t-
1
1�
Mayor M y Neuhauser
,
ATTEST•'
City Clerk Abbie -St fus
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S: