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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 , r 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(, r. 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 r' 1� , j 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,: qhs, f , i 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 r� I 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'. I1 r i 111M.11:0, RuOClff Percentage r. ;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 • t. s 1 iI I I u ISI e I . `.yinv rli '0, I. tl it I. i I A ; I „I i f 'rit<i" l 1 1 } t 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). r Ir II 3 (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 -5- (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 r i r . r. I+ w( I I AI -6- 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),. t �..i 1 -7- (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 I g1_ 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. j sit ?N� 1 �j WOO ir in it 40 `I' Op" it r54A' Q N '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 I ;1 { F �ti { 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 k, an 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. -6- ' � 1; 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))- %L�- GL.ri . e - •N •i -e-, K-, - ' 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) ,t' Dated: r �t Mea ink, incorporated, ' (An" ndiana orporation) Y i 1 r h�,� '. -Presider_t " Title, 4415 West Harrison Street Hillside, Illinois 60162. Address and Zip Code r� ,. �I _]_ n )h �1. �`Y 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 "I 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. •1 r'. 1 I �I I Tc Jn 41 - a`�r I I r t I I I )1 r I 1 (() r I± of .ill �4� l 1 1 Nr 1 { ( 5 1 � I I Irl 1 _ 4r1A 1 /1Fr SCHEDULE B PRICE OFFERED PARCEL NO. PRICE 102-2 $14,000 r y i ,i SCHEDULE C TIME FOR CONVEYANCE PARCEL NO. DATE 102_2 Not later than 30 working days following execution of this Agreement. , .. f II: I .I �V' ` a iur ti Irk 116'. P I 1 rl !- III'' d II �r G !� I it 34 I I � 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. di 2 J i�Y OLD CAPITOL ASSOCIATES ` Part II Ir nc � I t. I r of v. I t „ , L' � z >, I CONTRACT FOR p r ' s , I Ar I 4ir „ SALE OFLANDFOR PRIVATE REDEVELOPMEW I , j� I rk� r I I a �I i � ' I. �.' 1 w xr P u Byiand Between 2 J i�Y OLD CAPITOL ASSOCIATES Ir nc � and Y ; I I r{ r a ' , L' � ' The City of lows City, Iowa p I , s { d 4 I I t (AMY i I I 7�ixx yj t II'` J i�Y I I I 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 i' 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 q to construct the parking structures due to an inability to issue revenue bonds; the City shall be without liability to the developer t or the developer's assigns. (a) :Installation of Public Utilities = The installation' or re- ,i 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, 'l 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. ,r , I r- i II -2 r 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 i i Committee. Approval of such preliminary design, plans by the City. It 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 P, with the prelimina'ry design plans as approved by the City Council. 5,' 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 J'f 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, i: I I -q _-___...-...•wry �.. f there is upon the Property a mortgage insured, or held that i Y J P 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 i` (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 , 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. r "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 I; (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 ' Jv r nowner- ship ''n significant change in the owner in vin or resultingi a i vol 9 .1 0 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: yI i u g (a) Except only t (1) by way of security for, and only for, (i) the purpose of '1 obtaining financing necessary to enable the Redeveloper u 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 '.. II-8 ' I sl u]J I i N' I i� 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 r 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 k` 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 r 11 d, t I c. 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 4), 5 �•.r �• . � f"6'-/ is to be responsible for 'completionof thie,procedurer I• � t k( {` F F 111 1 IL. I t i • 1 'Abbie Stolfus City Clerk' .., { i I 4 . I I rd r i ,a b• i C I , 1 i al I t 1 1 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 i i ��'` ,.•,.. '� x �Neuhauser i x ". Perrot I.al 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 , II �, t , i r My r I S: