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HomeMy WebLinkAbout1978-07-25 ResolutionMiCRUFILMED BY JORM MICROLAB CLUAR RAPIDS AND Ut5 AUi:iL'�, ,Jell' RESOLUTION NO. 78-299 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: William Bernard Kron, Jr. dba/Bill's Interstate 80 DX, Route 2 Said approval shall be subject to any conditions or restrictions 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, surety bond, and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon rol call there were: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera AYES: NAYS: ABSENT: X x x x Passed and approved this 25th day of July , 197_. Attest: City Clerk Mayor 141CROrILMED or JORM MICR#LAB CEDAR RAPIDS • nr.s MDINCs 133V i y f11LRUFILFIED BY JORM MICROLAB CEDAR RAPIDS AND UES �iU1hLj, iw;„ RESOLUTION NO. 78-300 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: William Bernard Kron, Jr. dba/Bill's Interstate 80 DX, Route 2 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 license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 25th day of July 19 78 Mayor Attest:LK 5 - City Clerk 141CRUILME8 BY DORM MICR4LA9 ffDAR P,APIM • OES MBINEs 133y i Q4 60r ILKD BY JORM I•IICROLAB CEUAR RAPIDS AND ULS AUi47 , ,Jr,,, RESOLUTION NO. 78-301 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Hawkeye Dairy, Inc. dba/Hawkeye Dairy Store, 701 East Davenport Said approval shall be subject to any conditions or restrictions 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, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon rol call there were: Roberts Vevera x Passed and approved this 25th day of July , 19 78 Mayor Attest: 24z e�4z-) City Clerk rl 141CROFILMED BY I JORM MICR+LAB CFDAR RANDS • DES MOINES 1335 i AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts Vevera x Passed and approved this 25th day of July , 19 78 Mayor Attest: 24z e�4z-) City Clerk rl 141CROFILMED BY I JORM MICR+LAB CFDAR RANDS • DES MOINES 1335 i MICROFiLMED BY JORM MICROLAB CEDAR RAPIDS AHO JLS I•IUI!IL�, ,u',„ RESOLUTION NO. 78-302 RESOLUTION OF APPROVAL OF CLASS C Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Hawkeye Dairy, Inc. dba/Hawkeye Dairy Store, 701 East Davenport 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 license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Balmer AYES: NAYS: ABSENT: x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 25th day of 19 78 Mayor Attest:IL / ) City Clerk IIICROFIL14ED BY , JORM MICR#LAB CEDAR RAPIDS • DCS MOIRE July , )3,3s t4IL1WF1LNL0 BY JORM 141CROLAB LEDAR RAFIU: AND uLS f'1Ult,L-. •'�+� RESOLUTION NO. 78-303 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Osco Drug, Inc., 120 E. College St. Said approval shall be subject to any conditions or restrictions 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, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x x Vevera Passed and approved this 25th day of July Attest: ,14 1 City Clerk Mayor Y�... �.._r NICRorILMED RY ' JORM MICR(6LAB CEDAP RAPM • DES NOINEs 19 78 /336 14ILRUFILMLU BY JORM MICROLAB • CEDAR RAPIDS AND L)ES ?1UiLL:, RESOLUTION NO. 78-304 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: John's Grocery, Inc., 401 E. Market St. Said approval shall be subject to any conditions or restrictions 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, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Erdahl Neuhauser AYES: NAYS: ABSENT: x x x x Ferret x i Roberts x Vevera x Passed and approved this 25th day of July , 19 78 . Mayor Attest: City Cle k 14ICROCI LI4CD BY JORM MICR+LAB COMP RAPIDS • DES MOWS 1337 %IILROFILMED BY JORM MICROLAB CEDAR RAPIDS ANO UL! r1ui,+L_ , .U1411 78-305 RESOLUTION NO. RESOLUTION OF APPROVAL OF CLASS CC Bee— SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Beer Sunday Permit app licaollowing named person or persons at hereby approved for the following described location: John's Grocery, Inc., 401 E. Market St. 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 togetdocu her r, with the license fee, bond, and all other information or ent. I mints required to the Iowa Beer and Liquor Control Department. it Roberts and seconded by deP�se — that thewas Resolutionyas ria opted, and upon roll call there were: AYES: NAYS: ABSENT: IBalmer x x deProsse i Erdahl x x Neuhauser x Perret x Roberts x -- Vevera July Passed and approved this 25th day of 19 78 Mayor Attest: ' City Clerk 1 13,37 Irr 7` �� IdI LROF ILMLO BY DORM MICR+LAB CF.MR RAPIDS • DF,S MOWS 0 I•IILRUFIL;4EU BY JORM MICROLAB • CEDAR RAPIDS AIJD UES MUiNLi, :ovll RESOLUTION NO. 78-306 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Voss Petroleum Co. of Iowa City, dba/Discount Dan's Shell, 933 S. Clinton Said approval shall be subject to any conditions or restrictions 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, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon rolf call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x x Neuhauser Perret x x Roberts x Vevera Passed and approved this 25th day of July , 19 78 Mayor Attest:aL e5a�— City Clerk r Id IOROFILMED BY ,.;) JORM MICR¢LAB CFOAR RAPI05 • DES MOINES 1338 0 1.1ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AFIU UES MulIiL�, .u,m l 7B-307 RESOLUTION NO - ----- SUNDAY RESOLUTION OF APPROVAL OF CLASS Lile - PERMIT APPLICATION IOWA, THE CITY COUNCIL OF IOWA Yis BE IT RESOLVED BY Sunday Permit applicationersons at Class C Beer named person or p that a approve fo ollowing hereby PP• described location: the following 933 S. Clinton Voss Petroleum Co. of Iowa City, dba/Discount Dan's Shell, Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. recommendation for approval to the same together The City Clerk shall cause a information or then be endorsed upon the application and forward Department. doc bond, and all other with Liquor Control the license fee, ments required to the Iowa Beer and Liq -onded ydeProsse Roberts and Seanduponroll c re that thewas Resolutmoveionyas rea opted, were: AYES: NAYS: ABSENT' Balmer �— x deProsse Erdahl �� x Neuhauser Perret x �— Roberts July Vevera 25th day of passed and approved this 19 78 Mayor Attest:&L a City Clerk !% Id ICROFIL14ED BY JORM MICR+LAE3 CFMR RAMPS PES FIOINF.S /33$ 11 9 MILRUFILI4LD BY JORMMICkOLAB CEDAR RAPIDS AND uLS 9ui'+L,. ISI-.: RESOLUTION NO. 78-308 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, roved that a Class "B" Beer Permit Application is hereby app for the following named person or persons at the following described location: Friday's Corporation dba/T.G.I. Fridays, 11 South Dubuque Said aproal shall o any ons strictionsvhereafter bimposed cbytordinance dorir State law. The City Clerk shall cause a recommendation for forward approval to be endorsed upon the app lication andthe 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 Roberts and seconded by deProsse IT that the Resolution as re�Ve adopted, and upon ro ca there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x _ -- Vevera x_ 7B Passed and approved this 25th day of July __. 19_ mayor l Attest: City Clerk 5.... _�:•: 141CROMMED BY .JORM MICR+LAB , COAR RMI09 • 11E_S MOINES /33� 1,iluk0FILMEU BY JORM MICROLAB CEDAR RAPIDS AND UES I•full+L'o, ESOLUTION NO. 78-309 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTU'I M BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Classp C Liquor control gLicense application pis ersonebatatheof�Tor o+inghdescribednlocationed pereon or Iowa River Pizza Co., Inc. dba/Applegate's Landing, 1411 South Gilbert Said aproal shall o any ons strictionsvhereafter bimposed cbytordinance dorir State law. The City Clerk shall cause a recommendation for approval to he lication and togetherdwith dthe olicense fee, certificate of financial d the e financial he ises and otherninformation uortdocuments required tto themall Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution a5e adopted, and upon rollca as regi there were: 25th de of . July 1978 Passed and approved this y Mayor _� Attest: �&-� City Clerk I MICROFILMED BY JORM MICR+LA6 CEDAB RAPIDS • DES MOINES 1. 13,10 AYES: NAYS: ABSENT: Balmer x_ deProsse x Erdahl x ._— x Neuhauser Perret .x Roberts x_ Vevera x 25th de of . July 1978 Passed and approved this y Mayor _� Attest: �&-� City Clerk I MICROFILMED BY JORM MICR+LA6 CEDAB RAPIDS • DES MOINES 1. 13,10 MICROFILMED BY JORM MICROLAB • CEDAR RADIUS AI1D ULS •IUl:iL-�, .Jv— RESOLUTION NO. 78-310 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Iowa River Pizza Co., Inc. dba/Applegate's Landing, 1411 S. Gilbert 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 license fee, bond, and all other information or docu— ments required to the Iowa Beer and Liquor Control Department. -Roberts and seconded by dePr_ osse It was moved by that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x x Vevera Passed and approved this 25th 19 78 Mayor ABSENT: x day of July Attest: City Clerk Y:41CROFIL14ED BY 1 JORM MICR+LA9 CEDAR RAPIDS • nF.$ M01`IF.S /340 MiLROFW4ED BY JORM 141CROLAB CEDAR RAPIDS AND UES MUcilL�, ..ESOLUTION N0. 78-311 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLMITO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a ClassC Liquor Control License application is hereby approveefor the following named person or persons at the following described location: Senor Pablos Ltd dba/Senor Pablos, 830 1st 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 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 Roberts and seconded by deProsse that the Resolution as regia 5e adopted, and upon—rte ca Tr there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts Vevera Passed and approved this Attest: City Clerk Iff 25th day of Mayor :41CROFRMED BY JORM MICRd1LAE CCOAR RAHDP, • PCS M0114V July 19 78 /3z// J MILROFILMEO BY JORM MICROLAB CEDAk RAPIDS AND OLS 11UINLi, ;u++,l RESOLUTION NO. 78-312 RESOLUTION OF APPROVAL OF CLASS C Liquor SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Sunday Permit application is hereby approved for the following named person or persons at the following described location: Senor Pablos Ltd. dba/Senor Pablos, 830 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 license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser Perret x Roberts x Vevera x Passed and approved this 19 78 . Attest: &L. City Clerk 14 25th day of July Mayor MICROFILMED BY )ORM MICR4LAB CEDAR RAPIDS • DES M0114B /3y/ I t,1lCR0f1Li4ED BY JORM MICROLAB CEDAR RAPIUS AND UCS h1uC+u, iu+.., ,ESOLUTION N0. 78-313 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiC7C1'TON BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a i ClasefC ' Liquor Control License application is hereby olhfollowing atperson or persons theoowingdescribedlocion The Great American Saloon Company dba/Maxwell's, 121 E. College Said o any ons re strictionsvhereafter bimposed cbytordinance dorir 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 i 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 Roberts and seconded by deProsse that the Resolution as rei3Tie adopted, and upon roi ca there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhaueer Perret _ x Roberts x x Vevera Passed and approved this 25th day of July 19 IB %� Mayor Attest: City Clerk r 1341. qr..,t`.,.. MICWILMEB BY 1 ' JORM MICR4LA6 CMR PAPIPS • PES MOIVS MILROFIL4ED BY JORM 14ICROLAB • CEDAR RAPIDS AND ULS HUItui, :w,• RESOLUTION NO. 78-314 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: Pzazz Entertainment, Ltd. dba/The Field House, 111 E. College It was moved by Roberts and seconded by deProsse that the Resolution as read e adopted, and upon roff—call there were: Balmer deProsse Erdahl Neuhauser AYES: NAYS: ABSENT: x x x x Perret x Roberts x yevera _ x Passed and approved this 25th day of July 197 $ ke //Mayor Attest: �4� City Clerk t NICROFILKED BY JORM MICR+LAS CEDAR RAPIDS • DFS MOINCS f-jiLROFILMED BY JORM MICROLAB CEDAR RAPIDS AND uLS f•'wltlLu, Ivn� RESOLUTION NO. 78-315 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit, to wit: The Great American Saloon Company dba/Maxwell's, 121 E. College It was moved by Roberts and seconded by deProsse that the Resolution as rea e a opted, and upon roll-3`511--Me—re were: AYES: NAYS: ABSENT: Balmer_ x deProsse x Erdah_ 1 _ x Neuhaus_ x Perret x Roberts x Vevera x Passed and approved this 25th day of Julv 197 Attest: City Clerk Mayor 7 MICROFIL14ED BY JORM MICR+LAB CEDAR PAPIDS • DES MOINCS /3Yy MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AMU ULA 'Jill' RESOLUTION NO. 78-316 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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 City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: 1979 Permits - see attached list of names and addresses It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: V Balmer deProsse X Erdahl X X Neuhauser X Perret Roberts X X Vevera 25th da of July Passed and approved this Y 19 78 a�hr_ e l Mayor Attest: City CLlerk&4L 141CROFILMED BY .� JO RM MICR+LAB r.FDAR RAPIDS • nF..S MOINES /3�/S I j J j • CEDAR RAPIDS AMU ULA 'Jill' RESOLUTION NO. 78-316 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation 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 City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: 1979 Permits - see attached list of names and addresses It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: V Balmer deProsse X Erdahl X X Neuhauser X Perret Roberts X X Vevera 25th da of July Passed and approved this Y 19 78 a�hr_ e l Mayor Attest: City CLlerk&4L 141CROFILMED BY .� JO RM MICR+LAB r.FDAR RAPIDS • nF..S MOINES /3�/S M!ukOFILMED BY JORM I.IICROLAB CEDAR RAPIDS AND DU CIGARETTE PERMITS - July 1, 1978 through June 30, 1979 79-104 - The Field House, 111 E. College (Pzazz Entertainment, Ltd.) 79-105 - Jack's "Office", 1210 Highland Ct. (John G. Colony) 79-106 - First Avenue Kerr-McGee, 2229 Muscatine Ave. (Don -Jay Service, Inc.) 79-107 - Pagliai's Pizza Palace, Ltd., 302 Bloomington 79-108 - Towncrest D -X, 2611 Muscatine Ave. (Dennis R. Parrot, Towncrest D -X, Inc.) 79-109 - East-West Oriental Foods, 615 Iowa Ave. (Inn Ho and Yang Ho Shinn) 79-110 - Rochester Ave. O -X, 2233 Rochester Ave. (Robert E. Shank) 79-111 - Country Kitchen of Iowa City, 1401 S. Gilbert (Ronald L. Novak & Richard Bowers) 79-112 - Hamer, Ltd., 1021 S. Gilbert '79-113 - Maxwell's, 121 E. College (Great American Saloon Co.) 79-114 - Russ' Super Standard, 305 North Gilbert (Russell Vitosh) 79-115 - Lakeside Apts., Highway 6 (Jest (Iowa City Vending) 79-116 - Sears & Roebuck, Sycamore Mall (Iowa City Ve ding) 79-117 - University 66 Service, 25 W. Burlington t. Dennis P. Grimm) 79-118 - Drug Fair #4, Drug Fair, Inc., 2425 Muscatine Ave. 79-119 - Kirkwood 76 Stores, 300 Kirkwood Ave. (Inland Transport Co.) 79-120 - Osco Drug #826, 120 E. College (Osco Drug, Inc.) 79-121 - Leo's Standard, 130 North Dubuque (Leo P. Lenoch) 79-122 -.Drug Fair #9, 121 E. Washington (Drug Fair, Inc.) 79-123 - Chuck's Super 100, 504 E. Burlington (Charles J. Christensen) 79-124 - Burger Palace, 121 Iowa Ave. (Stasi, Inc.) 79-125 - Harry's Dodge St. DX, Inc. , 605 North Dodge Dt. (Harold E. Rogers) 79-126 - Sheller -Globe Corp., Highway 6 East (Servomation Corp.) 79-127 - Doc's Standard, Inc., 801 S. Riverside Dr. 79-128 - The Shamrock, 525 S. Gilbert St. (Richard T. Corcoran) 79-129 - Hong Kong Restaurant, 715 S. Riverside Dr. (Hawkeye Amusement) 79-130 - Iowa City Maid -Rite, 630 Iowa Avenue (Joseph Momberg) 79-131 - The Vine, 529 South Gilbert (Terry O'Brien and Jay E. Rarick) { ,r� MICROFILM BY DORM MICR+LAB CEDAR RAPIDS - US MOINES i M!ukOFILMED BY JORM I.IICROLAB CEDAR RAPIDS AND DU CIGARETTE PERMITS - July 1, 1978 through June 30, 1979 79-104 - The Field House, 111 E. College (Pzazz Entertainment, Ltd.) 79-105 - Jack's "Office", 1210 Highland Ct. (John G. Colony) 79-106 - First Avenue Kerr-McGee, 2229 Muscatine Ave. (Don -Jay Service, Inc.) 79-107 - Pagliai's Pizza Palace, Ltd., 302 Bloomington 79-108 - Towncrest D -X, 2611 Muscatine Ave. (Dennis R. Parrot, Towncrest D -X, Inc.) 79-109 - East-West Oriental Foods, 615 Iowa Ave. (Inn Ho and Yang Ho Shinn) 79-110 - Rochester Ave. O -X, 2233 Rochester Ave. (Robert E. Shank) 79-111 - Country Kitchen of Iowa City, 1401 S. Gilbert (Ronald L. Novak & Richard Bowers) 79-112 - Hamer, Ltd., 1021 S. Gilbert '79-113 - Maxwell's, 121 E. College (Great American Saloon Co.) 79-114 - Russ' Super Standard, 305 North Gilbert (Russell Vitosh) 79-115 - Lakeside Apts., Highway 6 (Jest (Iowa City Vending) 79-116 - Sears & Roebuck, Sycamore Mall (Iowa City Ve ding) 79-117 - University 66 Service, 25 W. Burlington t. Dennis P. Grimm) 79-118 - Drug Fair #4, Drug Fair, Inc., 2425 Muscatine Ave. 79-119 - Kirkwood 76 Stores, 300 Kirkwood Ave. (Inland Transport Co.) 79-120 - Osco Drug #826, 120 E. College (Osco Drug, Inc.) 79-121 - Leo's Standard, 130 North Dubuque (Leo P. Lenoch) 79-122 -.Drug Fair #9, 121 E. Washington (Drug Fair, Inc.) 79-123 - Chuck's Super 100, 504 E. Burlington (Charles J. Christensen) 79-124 - Burger Palace, 121 Iowa Ave. (Stasi, Inc.) 79-125 - Harry's Dodge St. DX, Inc. , 605 North Dodge Dt. (Harold E. Rogers) 79-126 - Sheller -Globe Corp., Highway 6 East (Servomation Corp.) 79-127 - Doc's Standard, Inc., 801 S. Riverside Dr. 79-128 - The Shamrock, 525 S. Gilbert St. (Richard T. Corcoran) 79-129 - Hong Kong Restaurant, 715 S. Riverside Dr. (Hawkeye Amusement) 79-130 - Iowa City Maid -Rite, 630 Iowa Avenue (Joseph Momberg) 79-131 - The Vine, 529 South Gilbert (Terry O'Brien and Jay E. Rarick) { ,r� MICROFILM BY DORM MICR+LAB CEDAR RAPIDS - US MOINES 1•IILRUFILMEU BY JORM MICROLAB LEUAR RAPIDS AND uL�) I-IU:pL.Je„' 1 ESOLUTION NO. 78-317 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiCMTM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approv�Tor the following named person or persons at the following described location: Veterans of Foreign Wars Post 2581, 1012 South Gilbert St. 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 Roberts and seconded by deProsse that the Resolution ae reaMe adopted, and upon roI ca there were: r AYES: NAYS: ABSENT: I Balmer x _ deProsse x _ Erdahl X Neuhauser X Perret x Roberts x Vevera X _ Passed and approved this 25th day of July 19 78 6a 2 - Mayor Lia—ZI-21–AlL Attest: City Clerk MICROFILMED BY DORM MICR+LAB CFOAR RAPIDS . DES MOINES /35'6 1•tILROFILKD BY JORM MICROLAB CEDAR RAPIDS ANU UES AU14_,, .Jill, RESOLUTION NO. 78-318 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVIC17S IN THE IOWA CITY AREA WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide Johnson County youth between the ages of 14 and 18, who are either current ADC recipients or who are determined to be disadvan- taged, with meaningful subsidized work experiences in the public and private non-profit agencies, and WHEREAS, Mayor's Youth Employment Program provides assistance in develop- ing youth with positive work attitudes and work habits so that they can later secure non -subsidized jobs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Mayor's Youth Employment Program is a non-profit organization organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl _ x Neuhauser X Perret x Roberts X Vevera Passed and approved this 25th day of JuIY 1978. MAYORATTEST: > L � � � CITY CLERK RECEIVED A APPROVED BY TBE LEGLL DF.PARTYENT Z�a-7f /92 Y.. ,r,_, � tdICROFI LidEO BY JORM MICR+LAE CFDAR RAPIDS • OES MOINCS i MILT<OFILMED BY DORM MICROLAD LEUAR RAPIDS AND 'ULS DIUIII� �, AGREEMENT This A reement was made and entered into on the day of 1978, by and between the City of Iowa City, Iowa, a anumiculpal dorporation, hereinafter referred to as the "City," and the Mayor's Youth program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Mayor's Youth program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2: The Mayor's Youth Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Mayor's Youth agrees to provide meaningful employment within public and private non-profit agencies for youth between the ages of 14 and 18 who are currently recipients of ADC or socially and economically disadvantaged. It shall provide job training, vocational and career counseling, and assist youths to develop positive work habits so that future employment opportunities will be enhanced. Mayor's Youth agrees to refer youth to appropriate agencies and programs in accordance with their needs. It also agrees to assist youth who are not eligible for Mayor's Youth to secure employment in the private sector through referral. II. FUNDING The City shall pay $21,271 to provide these services during the 1978-79 school year (9.5 months). It is understood that the State of Iowa, the City of Coralville and the Iowa City School District shall also contribute to Mayor's Youth. III. GENERAL ADMINISTRATION A. The City will provide accounting and payroll services for the Mayor's Youth Program during the school year program. 141CROFILMED BY JORM MICR+LAE CEDAR RAPIDS • DU MOUVES 13 v 9 MO .ROFILMLU BY JORM MICROLAB CEDAk RAPIUS AND ULS AUitiLl JLn -2- B. The Director shall submit monthly reports and minutes to the City Council. C. The Director shall be responsible for the administration of the program, including the preparation of an annual program budget for the City Council's consideration. For the purposes of this Agree- ment, the Director shall be considered an employee of the City of Iowa City. When a vacancy occurs, the position should be filled in accordance with the City's personnel policies. However, the Mayor's Youth Board shall serve as an advisory committee for the selection of the Director. The Director shall be entitled to employment benefits of the City including sick leave and vacation. Upon termination, the Director shall be compensated for any accumulated vacation or sick leave. Both the Director and the staff shall comply with the personnel rules of the City. The Mayor's Youth Program may utilize the City's central purchasing facilities; however, prior approval for expenditures must be obtained from the City Manager or his designee. D. The City shall not assume responsibility for any torts, wrong- doings, or criminal action caused by youths employed through the Mayor's Youth Program. E. All outstanding bills are to be paid upon termination within a 30 day period with no liability to the City. F. Mayor's Youth agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. G. This contract may be terminated upon a 30 day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: - F r: .Mayor's Yo th Program KUBLKI A. VLVLRA, MAYUR E ATTEST: Q I11LL �,Q t1C"� L(. / �-L— .c.v ATTEST j s�--... (�,�; .�9-l•; -n.! ABBIL STOLFOS, CITYALERK TITLL RECEIVED 6 1,PPA09EV BY TRE LEGAL DEPARTMENT. 7 I41CROFILIIED BY .1 JORM MICROLAB CEDAR RAPIDS • DES MOINES fIjLRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES Eiuii+L RESOLUTION N0. 78-319 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE: A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH YOUTH HOMES, INC. WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide youth in the Iowa City area with temporary and long- term, twenty-four hour care for adolescents between the ages of twelve and eighteen, and WHEREAS, Youth Homes, Inc., operates a youth shelter and two group homes in the Iowa City area, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, Youth Homes, Inc., is a private, non-profit program which is organized and operates under the State laws of Iowa, NOW, THEREFORE., BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof, and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl _ X Neuhauser X Ferret X Roberts X Vevera Passed and approved this 25th day of July . , 1978. MAYOR ATTEST: CITY CLERK AECEIVPD� j)Z?kRTIIENT UPROM DY THE LEC 0 7� 141CROFILMCD BY JORM MICR+LAB CFOM RAPIDS • DCS MORIF$ 13.5-0 ■ t-j!URW ILMED by JORM 141CROLAB CLOAR RAPIDS AND LLS iuiULS, .Uel, AGREEMENT This 4reement was made and entered into on the '.-t(„ day of W11L,. , 1978, by and between the City of Iowa City, Iowa, a municipal torporation, hereinafter referred to as the "City," and the Youth Homes, Inc. for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Youth Homes Inc. shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Youth Homes Inc. shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, martial status, sexual orientation, or disability. I. SCOPE OF SERVICES i The Youth Homes agrees to serve the Iowa City community by providing temporary and long term, twenty-four hour care (housing and counseling) for adolescents who are children in need of assistance, delinquent children, or children facing a crisis with which they cannot cope. 1I. FUNDING The City of Iowa City shall pay to Youth Homes for support of the shelter and the two group homes the sum of $8,000/year with the agreement between the parties that the said money shall be used toward general operating costs. I III. GENERAL ADMINISTRATION A. The City will transfer the funds to Youth Homes, Inc. at the time of signing of this contract. B. The Director of Youth Homes will submit quarterly reports to the City Council of Iowa City. Y- ,5.. 141CROF ILI4C0 BY JORM MICR( LAB CrOAP RAPIDS • OFS FIOINFS MILRUFILNEU BY JORM MICROLAU CEDAR RAVIUS AND ULJ MUi AL J/a. C. Youth Homes will provide an accounting at the end of the contract period. D. For the purposes of the agreement, the Director and staff shall be considered employees of Youth Homes and any fringe benefits received by the staff shall be through the said Youth Homes. The employees of Youth Homes shall adhere to the personnel policies formulated by Youth Homes. E. Youth Homes shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do insurance business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of Youth Homes to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights and privileges contained herein. F. The Youth Homes agrees to indemnify, defend, and save harmless, the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the responsibilities of the Youth Homes as detailed in this agreement. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. Youth Homes agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of the contract. I. This contract may be terminated upon thirty day notice by either party. TV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 141CROFILMED BY JORM MICR+LAB CEDAR RMiAS • OES MOINES t,11GRUF1L14ED BY JORM MICROLAB • CEDAR RAPIDS AMU UES 14011Itj, For the City of Iowa, low For Youth Homes, Inc,: ROBERT A. VLVtKA,N ITE ,,pp ATTEST: off• ATTEST: BB SI LFUS, CITI CLERK N ME TITLE MICROFILMED BY f DORM MICR+LAB CEDAR RAPIDS • DES MOINES u� ;jrHEIL�EM; 1 Li:r Atli � fl� lk �7s/ 1 I tl i i i i t,11GRUF1L14ED BY JORM MICROLAB • CEDAR RAPIDS AMU UES 14011Itj, For the City of Iowa, low For Youth Homes, Inc,: ROBERT A. VLVtKA,N ITE ,,pp ATTEST: off• ATTEST: BB SI LFUS, CITI CLERK N ME TITLE MICROFILMED BY f DORM MICR+LAB CEDAR RAPIDS • DES MOINES u� ;jrHEIL�EM; 1 Li:r Atli � fl� lk �7s/ 1 h41LkOFILMED BY JORM 141CROLAB CEDAk RAPIDS AND ULS MUU+u, :'Uv+ll RESOLUTION NO. 78-320 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY, IOWA AREA WITH THE PALS PROGRAM OF JOHNSON COUNTY EXTENSION SERVICE WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide youth in the Iowa City area with volunteer adult companionship for youths between the ages of 6 and 14, and WHEREAS, PALS Program provides matching volunteers for youths in the Iowa City area between these ages, and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and WHEREAS, the PALS Program is a non-profit program of the Johnson County Extension Service which is organized and operates under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl _ X Neuhauser X Perret X Roberts X Vevera Passed and approved this 25th day of July 1978. MAYOR i ATTEST: CITY CLERK RECEIVED i APPROVE) BY THE LEGAL DEPARTMENT IIICRorILRED BY ' JORM MICR+LAB•I CrDAR RAPIDS • DCS M0114ES /3s/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUI:iLj AGREEMENT JHn 1 This Agreement was made and entered into on the cls-fi day of a,,c4 , 1978, by and between theCity o—Flowa City, Iowa, a mohicipal corporation, hereinafter referred to as the "City," and the PALS Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: I. The PALS Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The PALS Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, martial status, sexual orientation, or disability. I. SCOPE OF SERVICES The PALS Program agrees to provide a program whereby youths between the ages of 6 and 14 years of age are matched with adult volunteers, who will provide guidance and companionship. II. FUNDING The City of Iowa City shall pay to the PALS Program the sum of $11,893 in FY79 with the agreement between the parties that the said money shall be allocated toward the salary of a full-time coordinator of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds quarterly to the PALS Program. The first payment will be nude at the time of signing of this contract. B. The PALS coordinator shall submit quarterly reports to the City Council. C. PALS will provide an accounting at the end of the contract period. D. For the purposes of this agreement, the coordinator shall be considered an employee of Johnson County Extension Service and any fringe benefits received by the coordinator shall be through the said Johnson County Extension Service. The Coordinator of the PALS Program shall adhere to the personnel policy of Johnson County Extension Service. All volunteers and staff shall be considered employees of Johnson County Extension Service. 141CROMMED BY ` JORM MICR+LAB CMAR RAPIDS • DES MOI'IES N MILRUH LMLO BY JORM 141CROLAB LEUAR RAPIDS AND ULS 1•IUi;4Ld Jpn E. The PALS Program shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the PALS Program to maintain such a policy shall constitute immediate termination of this agreement and all rights and privileges contained herein. F. The PALS Program agrees to idemnify, defend and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the responsibilities of the PALS Program as detailed in this Agreement. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. PALS agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a 30 day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of lowaat Iowa: ROBERT A. VhVtKA, MAYOR ATTEST: /' -IL"— B IE STUNS, CI1r CLERK F� Prr 1 ' T • ATTEST: L ' ("� ME v 1 _ i,IX X,21-" TITLE / tECEIVLP x amovrn 13 0Z LT'G 1' I' PI ZiNT. 14ICRo(IL14E0 BY JORM MICR+LAO crnAR RAPIPS • PES MOIRCS n MILROFILMLO BY JORM MICROLAB LEDAR RAPIDS AND UES Id l;iL:,, .uvin RESOLUTION NO. 78-321 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM the ilnterest toeProvideorape lvictim wadvocacy a City, ldeems city of servicesinithenIowa citi yarea, and WHEREAS, the Rape Victim Advocacy Program provides emergency services for nll victims of sexual assault, and IJHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa which is organized and operates under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof, and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded bydePro�_ that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Ferret xRoberts X__ Vevera Passed and approved this 25th day of July 1978. MAYOR ATTEST: CITY CLERK RECEIVED 4 AZPROVED BY THE LEGAL DEPARTWT _1n- 7.F ✓ MICROFILMEO BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 135.2 �I 1 i i i n MILROFILMLO BY JORM MICROLAB LEDAR RAPIDS AND UES Id l;iL:,, .uvin RESOLUTION NO. 78-321 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM the ilnterest toeProvideorape lvictim wadvocacy a City, ldeems city of servicesinithenIowa citi yarea, and WHEREAS, the Rape Victim Advocacy Program provides emergency services for nll victims of sexual assault, and IJHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa which is organized and operates under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof, and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded bydePro�_ that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X Ferret xRoberts X__ Vevera Passed and approved this 25th day of July 1978. MAYOR ATTEST: CITY CLERK RECEIVED 4 AZPROVED BY THE LEGAL DEPARTWT _1n- 7.F ✓ MICROFILMEO BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 135.2 i t•11Ci10F U4LD BY JORM MICROLAB CEDAR RAPIDS AND uLS AU,L-, lJn„ i AGREEMENT This Ag eement was made and entered into on the ZS tk day of 1978, by and between the City ot'rowa City, Iowa, a munic c poration, hereinafter referred to as the "City," and the Rape Victim Advocacy Program for one (1) year beginning with the signing of -this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Rape Victim Advocacy Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. « b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2.' The Rape Victim Advocacy Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Rape Victim Advocacy Program will provide emergency services for all victims of sexual assault including counseling, medical, and law enforce- ment advocacy intervention and referral to other agencies. Community education will be provided by an information bureau and a speaker's bureau which provide current statistics and information on sexual crimes and prevention. II. FUNDING The City of Iowa City shall pay to the Rape Victim Advocacy Program the sum of $6,081 a year in FY79 with the agreement between the parties that the said money shall be allocated toward the salary of the full-time coordinator of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds in two payments ($3,040.50 at the time of signing and a $3,040.50 payment to be made on January 1, 1979. S �qY 1.11CRONUIEa RY JORM MICR+LAB CEDAR RAPIDS • PCS MOINES 141LRU1' Ii -MED BY JORM MICROLAB CLUAk RAVIUS AND ULS riUiiLLj, 'van B. The Director of the Rape Victim Advocacy Program shall submit monthly reports and an annual report at the end of the contract period. C. Rape Victim Advocacy Program will provide an accounting at the end of the contract period. D. The University of Iowa agrees that the Rape Victim Advocacy Program is a University sponsored activity and that the Program Director, employees, agents, officers, and volunteers are employees of the University of Iowa and not the City of Iowa City and that the University of Iowa will defend and indemnify the program, its employees, agents, officers and volunteers against claims pursuant to the terms of the Iowa Code, Chapter 25A. E. All outstanding'bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. F. Rape Victim Advocacy Program agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. G. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: ROBERT E , — MAYOR ATTEST: BBIE STOL US, CIT CLERK For: V1 ti acy Program E. H. JEN GS V.P. Financa/Univ. Service& TITLE THE UNIVERSITY OF IOWA ATTEST: NAME TITLE RECFIVEI) X APPROVI'P 131 IfHF LEGCL Y ` �• MICROFILMCD BY ' JORM MICR+LAB CFMR RAPIM • US WHO 14I1-RUFILMED BY JORM 141CROLAB CEUAR RAPIUS AND UES h1Ui:IL,, .wl•l RESOLUTION NO. 78-322 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR SENIOR CITIZEN SERVICES IN IOWA CITY, IOWA AREA WITH THE JOHNSON COUNTY COUNCIL ON AGING WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide the senior citizens in the Iowa City, Iowa area with services and programs, and WHEREAS, the Johnson County Council on Aging will provide direct services and sponsor programs which will directly benefit the senior citizens in Iowa City, and WHEREAS, the Johnson County Council on Aging is a non-profit organization which is organized and operates under the State laws of Iowa, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof, and the City Clerk be made to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl X Neuhauser x_ Perret X Roberts X Vevera Passed and approved this 25th day of July 1978. rz, / MAYOR ATTEST: I Y CLERK RECEIVED & APPROVED BY THE LEGAL DEPARTID RT � IdICAOFi UdEO BY JORM MICR#LAE CFOAR RANDS • DFS MOINES i 14I1-RUFILMED BY JORM 141CROLAB CEUAR RAPIUS AND UES h1Ui:IL,, .wl•l RESOLUTION NO. 78-322 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR SENIOR CITIZEN SERVICES IN IOWA CITY, IOWA AREA WITH THE JOHNSON COUNTY COUNCIL ON AGING WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide the senior citizens in the Iowa City, Iowa area with services and programs, and WHEREAS, the Johnson County Council on Aging will provide direct services and sponsor programs which will directly benefit the senior citizens in Iowa City, and WHEREAS, the Johnson County Council on Aging is a non-profit organization which is organized and operates under the State laws of Iowa, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof, and the City Clerk be made to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl X Neuhauser x_ Perret X Roberts X Vevera Passed and approved this 25th day of July 1978. rz, / MAYOR ATTEST: I Y CLERK RECEIVED & APPROVED BY THE LEGAL DEPARTID RT � IdICAOFi UdEO BY JORM MICR#LAE CFOAR RANDS • DFS MOINES P11LRUFILi4EU BY JORM MICROLAB CEDAR RAPIDS AND SLS :4U::iL�, iJ+-" AGREEMENT This Agr ment was made and entered into on the day of _ z�L�c 1978, by and between the City'— of owa City, Iowa, as mum c al c poration, hereinafter referred to as the "City," and the Council on Aging for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Council on Aging shall not permit any of the following prac- tices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Council on Aging shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Council on Aging agrees .to provide the direct services and sponsor programs which will directly benefit senior citizens in the City of Iowa City. The Council on Aging shall employ a full time director, who shall plan and direct service programs to meet the needs of senior citizens in the community. II. FUNDING The City of Iowa City shall pay to the Council on Aging the sum of $18,550 in FY79 with the agreement between the parties that the said money shall be allocated toward the salary of the full-time director of the program herein described. The remaining amount may be used for, but not limited to, office supplies and telephone services. The Johnson County Board of Supervisors will provide office space. /353 14ICROFILMED BY � rl JORM MICR+LAB CCDRR RAPIDS .DFS MOVIES i i i P11LRUFILi4EU BY JORM MICROLAB CEDAR RAPIDS AND SLS :4U::iL�, iJ+-" AGREEMENT This Agr ment was made and entered into on the day of _ z�L�c 1978, by and between the City'— of owa City, Iowa, as mum c al c poration, hereinafter referred to as the "City," and the Council on Aging for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Council on Aging shall not permit any of the following prac- tices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Council on Aging shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Council on Aging agrees .to provide the direct services and sponsor programs which will directly benefit senior citizens in the City of Iowa City. The Council on Aging shall employ a full time director, who shall plan and direct service programs to meet the needs of senior citizens in the community. II. FUNDING The City of Iowa City shall pay to the Council on Aging the sum of $18,550 in FY79 with the agreement between the parties that the said money shall be allocated toward the salary of the full-time director of the program herein described. The remaining amount may be used for, but not limited to, office supplies and telephone services. The Johnson County Board of Supervisors will provide office space. /353 14ICROFILMED BY � rl JORM MICR+LAB CCDRR RAPIDS .DFS MOVIES MIOWHUIEU BY JORM I•IICROLAB CEDAR RAPIDS AND OL" MUi +L�, l'dn -2- III. GENERAL ADMINISTRATION A. The City will transfer the funds in 12 equal payments at the first of each month. The first transfer will occur at the time of signing. B. The Council on Aging Director shall submit monthly reports to the City Council. C. Council on Aging will provide an accounting at the end of the contract period. D. For the purposes of this agreement, the Director shall be considered an employee of the Johnson County Council on Aging and any fringe benefits received by the Director shall be through the said Johnson County Council on Aging. The Director of the Council on Aging shall adhere to the personnel policies of the Council on Aging. E. The Council on Aging shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: ' To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. F. The Council on Aging agrees to indemnify, defend and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the responsibilities of the Council on Aging as detailed in this agreement. G. . All outstanding bills are to be paid upon.termination within a thirty day period, with no liability to the City. H. The Council on Aging agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment through the duration of this contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 141CROFILI•110 BY ' JORM MICR+LA13 CFOAR RAPTDS • DES MINES P1ICRUF1Li9ED BY JORM MICROLAB • CEDAR RAPIUS AND UES I•IU1NLj, U- -3- For the City of Iowa, Iowa: ROBERT A. VE E A, MAYOR /l ATTEST: B LR For: Council on Aging ;,NAME T17T6�� ATTEST:NAME �% -- �x V WP C HILL �MICROFILMED BY r '; JORM MIGR+LAB CEDAR RAPIDS • DES MOINES RECEIVED & APPR07EP BY THE LFGLL DEPaTl 'z MICROFILMED _ MICRO ILMEU BY JORM MICROLAB CEUAR RAPIDS AMU ULS MUiliu, .0"11 RESOLUTION NO. 78-323 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY BABE RUTH LEAGUE WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and j I WHEREAS, the Iowa City Babe Ruth League sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Iowa City Babe Ruth League is a non-profit program, organized and operating under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer i X deProsse x Erdahl X Neuhauser X Patter X Roberts X Vevera , Passed and approved this_2jtL day of July , 1978. MAYOR ATTEST: CITY CLERK i AECEIYTD b APPROVED DY TRE LEGAL DEPART10 fT Z 9U'7F Are /3Sy MICROFILMED BY JORM MICR+LAB CEDAR RAPIRS • DES MOINES I;IILRUFILMLU BY JORM MICROLAB V CEDAR RAPIUS AND uL" AUiI,L�, rJW1 AGREEMENT This greement was made and entered into on the a S Lf day of 1978, by and between the City of Iowa City, Iowa, a Ln.i,.ipa—t corporation, hereinafter referred to as the "City," and the ?Babe;�ttlth'?Leagueor one (1) year beginning with the signing of this dgr'eem''nt. This Agreement shall be subject to the following terms and conditions, jto -wit: i i 1. The Babe Ruth League shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, j age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Babe Ruth League shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES i The Babe Ruth League agrees to provide a meaningful recreation program to meet the needs of the youth in the community. II. FUNDING The City of Iowa City shall pay to the Babe Ruth League the sum of $$1200/Yr. in FY79 with the agreement between the parties that the said money shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Babe Ruth League at the time of signing of this contract. B. The Director of the Babe Ruth League shall submit a report of activities at the end of the contract period. C. The Babe Ruth League will provide an accounting at the end of the contract period. Tr tee., 141CROHL1410 BY i; DORM MICR+LAB i CHAR PAPIM • DES M0114FS MICROFILMED BY JORM MICROLAB CEDAR RADIUS AND UES fiu1SL -2- D. For the purposes of this agreement, staff are considered employees of the Babe Ruth League. E. The Babe Ruth League shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Babe Ruth League to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. The Babe Ruth League agrees to indemnify, defend and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the responsibilities of the Babe Ruth League as detailed in this agreement. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. N. The Babe Ruth League agrees that its staff and agents will not use L City funds to travel to any state that has not ratified the Equal Rights Amendment throughtout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. { I41CROFILIIED BY JORM MICR+LA6 CEDAR RAPIDS • US MOVIES , 14ILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES I•IUItiL'�, .Uv... -3- For the City of Iowa, Iowa: ROBERT A. VEVERA, MAYOR ATTEST: L 1LGF �.wJ A981E STOLFUS, CITY CLERK Babe Rut League P425. -0E J naS. '1 -)Abe Kcj� j), .zfj /,�,aj 197* TITLE _ ATTEST: A TITLE WWI mi"IVEP 1. an -10: ;P 81IlHli IJ;GhI. I1sPlI:r,,, t; =mss' w MICROFILIIE0 BY DORM MIC R+L AB + i CEDAR RAPIDS DES MOINES ni 1 I 14ILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES I•IUItiL'�, .Uv... -3- For the City of Iowa, Iowa: ROBERT A. VEVERA, MAYOR ATTEST: L 1LGF �.wJ A981E STOLFUS, CITY CLERK Babe Rut League P425. -0E J naS. '1 -)Abe Kcj� j), .zfj /,�,aj 197* TITLE _ ATTEST: A TITLE WWI mi"IVEP 1. an -10: ;P 81IlHli IJ;GhI. I1sPlI:r,,, t; =mss' w MICROFILIIE0 BY DORM MIC R+L AB + i CEDAR RAPIDS DES MOINES 141LROFILMED BY JORM I.IICROLAB CEDAR RAPIDS AND UES MOI:IL3, .Ue-11 CU 11 RESOLUTION NO. 78-324 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY 14ITH IOWA CITY BOYS' BASEBALL, INC. i WHEREAS, the City Council of Iowa City, Iowa, deems it in the public tinterest to provide meaningful recreation for Iowa City youth, and i WHEREAS, the Iowa City Boys' Baseball, Inc. sponsors recreation programs available to boys and girls alike to achieve this goal, and t WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts under State laws of Iowa, j NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof and the City Clerk be directed to certify the said agreement. j It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: I AYES: NAYS: ABSENT: X Balmer X deProsse i x Erdahl _ X Neuhauser x Perrot X Roberts X Vevera Passed and approved this 25th day of July 1978. MAYOR v 7 ATTEST: . i r,�e �J .r�- k/ C TY CLERK RYCEIVEO & APPROiID BY TRE LEM DEPARTMENT C MICROFILMED BY JORM MICR+LAB rrnAR RAPIDS • DFS MOIDES /3,5S - MILRUFILMEU BY JORM 1.1ICROLAB CEUAk RAPIDS AND ULS Jell' AGREEMENT This reement was made and entered into on the d.5 ri„ day of 1978, by and between the City of Iow�ty, Iowa, a muni tipa V corporation, hereinafter referred to as the "City," and the Boy's Baseball Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Boy's Baseball Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Boy's Baseball Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES Boy's Baseball agrees to provide a meaningful recreation program to meet the needs of the youth in the community. II. FUNDING The City of Iowa City shall pay to Boy's Baseball the sum of $1200/Yr. in FY79 with the agreement between the parties that the said money shall be used for the implementation of the recreational program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to Boy's Baseball at the time of signing of this contract. B. The Director of Boy's Baseball shall submit a report of activities at the end of the contract period. C. Boy's Baseball will provide an accounting at the end of the contract period. 141CROFILMEB BY JORM MICR+LAB ! CrOAR NAP nS • MES MBIKS MILROFIL&D BY JORM MICROLAB CLUAR RAPIOy AND L)L' Nv;'ru -2- D. For the purposes of this agreement, staff are considered employees of Boy's Baseball, Inc. E. Boy's Baseball shall maintain in full force and effect a compre- hensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of Boy's Baseball to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. F. Boy's Baseball agrees to indemnify, defend and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the responsibilities of the Boy's Baseball Program as detailed in this Agreement. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. Boy's Baseball agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. V. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. VI. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. MICROFILMED BY ,. JORM MIC R+LAB CPDAR RAPIDS • PES MOINES i41CROFILMED BY JOR.M 141CROLAB CEDAR RAPIDS APIU ULS IUINLj, -3- For the City of Iowa, Iowa: For: Boy's Baseball BERT A. VtVtKA, MAYUR ��— TITLE v ATTEST: gLRW—K— STAOLSIL L I E TITLE I .j I 1 i i II) 1 i i IRCEIM S I,PF? vij) BX ifHE if:C1S PEYIJ:TJLAT 14ICROFILMED BY (1 JORM MICR+LAB CEDAR RAPIDS • DCS MOINCS i 1.1,ILRW ILMLD BY JORM MICROLAB CEDAR RAPIDS AND UES fIULI,L�, ,ua,• RESOLUTION NO. 78-325 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACT FOR YOUTH SERVICES IN IOWA CITY WITH IOWA CITY GIRLS' SOFTBALL WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide meaningful recreation for Iowa City youth, and WHEREAS, the Iowa City Girls' Softball sponsors recreation programs available to boys and girls alike to achieve this goal, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Iowa City Girls' Softball is a non-profit program, organized and operating under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference be made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl _ X Neuhauser X Perret X Roberts X Vevera Passed and approved this 25th day of July 1978. MAYOR ATTEST: ITY CLERK RECEIVED & APPRO'-T) DY THE LEIUL DEPIRTN_NT Y 141CROFILMED BY JORM MICR+LAB CFDAR RAPIDS • DFS MOINES ,356 f•IICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND bLS hiDiIIL:,, lue,. AGREEMENT X1:4 CrIUNTY P, JUN 1, 1979 This Agreement was made and entered into on the )ye(L _day; ofo— (�_, 1978, by and between the City of Iowa City, 16wa, a munF11), .corpora Lion, hereinafter referred to as the "City," and the Girl's Softball Program for one (1) year beginning with the signing of this, Agreement. This Agreement shall be subject to the following terms and conditions, to-wa t: 1. The Girl's Softball Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. E h. To discriminate against any individual in terms, conditions, � or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Girl's Softball Program shall not deny to any person its services i on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. 1. SCOPE OF SFRViCES Girl's Softball agrees to provide a meaningful recreation program to meet the needs of the youth in the community. 11. FUNDING the City of Iowa City shall pay to Girl's Softball the sum of 517.00/Yr. in FY79 with the agreement between the parties that the said money shall r be used for the implemonta Lion of the recreational program. i i If 1. GENERAL ADMINISTRATION A. The City will transfer the funds to Girl's Softball at the time of signing of this contract. B. The Director of Girl's Softball shall submit a report of activities at the end of the contract period. C. Girl's Softball will provide an accounting at the end of thr.• contract period. 7,- ;' K� kT 141CROFILMED DY 1f DORM MICR+LA9 CEDAR RAPIDS • DES MOV TS i kDFILi4ED BY JORM MICROLAB CEDAR RAPIDS AND JLS I•iuillL,, ,'Jno 41, t :P D. For the purposes of this ayrcemr-nt, staff are considered employees of Girl's Softball, inc. E. Girl's Sr :ball shall maintain in full force and effect a compre- hensive liability Insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the anuunt of $300,000 and for property damage of $10,000. The failure of Girl's Softball to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all the rights and privileges contained herein. r F. The Girl's Softball Program agrees to indemnify, defend and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner ! resulting from, arising out of or connected with the responsibilities j of the Girl's Softball Program as detailed in this Agreement. [4 G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. it. Girl's Softball agrees that its staff and agents will not use City funds to travel to any state that has not ratified the Equal Rights Amendment throughout the duration of this contract. jI. This contract may be terminated upon a thirty day notice by either party. / IV. DURATION jThis agreement shall COMMence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V.•— ASS I GNM[N1 This agreement may mol be assigned without written agreement of the Parties. For he Clt;y of lows, Iowa: /� For, Girl's Softball Program V ROBERT A VLVLRA, MAYOR Nmil � LG ATTEST: ATTEST: i1l1NIt Sl'011'US, L1TY CLERK ---- — NAME 1iL .1:!i; Lik;�h 1`F:I'GIif41;;R�. ••---•----•---.._.-_. TITLE { I41CROFIL14ED BY JORM MICR+LAB CEDAR RAPIDS • DES 1401NES V / i MjLk0F ILMLD BY JORM MICROLAB CEUAR RAPIDS AND ULS MU,14L�, IuV,. RESOLUTION NO. 78-326 RESOLUTION AUTHORPZING THE MAYOR TO EXECUTE CONTRACTS FOR COMMUNITY SERVICES IN THE IOWA CITY AREA WITH FRIENDS OF CHILDRENS MUSEUM WHEREAS, the City Council of Iowa City deems it in the public interest to maintain a museum which exhibits pioneer life, WHEREAS, Friends of Childrens Museum is an agency which plans and operates a museum which is open to the public, WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Friends of Childrens Museum is a non-profit corporation organized and operates under the laws of the State of Iowa, NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer —X— deProsse X Erdahl x Neuhauser x Perret X Roberts X Vevera Passed and approved this 25th day of July , 1978. r r MAYOR ATTEST: CITY CLERK MCEITED & ITPROVW BY THE LEGAL DEPIRTMENT 7— .'%/ - -e A2. 141CROrIL1410 BY .I JORM MICR+LAB , CF,DAR RAPIDS • nrS MOIOCS 1357 t.. MjLk0F ILMLD BY JORM MICROLAB CEUAR RAPIDS AND ULS MU,14L�, IuV,. RESOLUTION NO. 78-326 RESOLUTION AUTHORPZING THE MAYOR TO EXECUTE CONTRACTS FOR COMMUNITY SERVICES IN THE IOWA CITY AREA WITH FRIENDS OF CHILDRENS MUSEUM WHEREAS, the City Council of Iowa City deems it in the public interest to maintain a museum which exhibits pioneer life, WHEREAS, Friends of Childrens Museum is an agency which plans and operates a museum which is open to the public, WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Friends of Childrens Museum is a non-profit corporation organized and operates under the laws of the State of Iowa, NOW, THEREFORE, BE TT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer —X— deProsse X Erdahl x Neuhauser x Perret X Roberts X Vevera Passed and approved this 25th day of July , 1978. r r MAYOR ATTEST: CITY CLERK MCEITED & ITPROVW BY THE LEGAL DEPIRTMENT 7— .'%/ - -e A2. 141CROrIL1410 BY .I JORM MICR+LAB , CF,DAR RAPIDS • nrS MOIOCS 1357 f41LROFILMED BY JORM MICROLAB LEDAk RAPIDS AND AE ;IGL'r Je,,, AGREEMENT This Agreement was made and entered into on the ? 3eW, day of 1978, by and between the City of Iowa City, Iowa, a muniOP-- corporation, hereinafter referred to as the "City," and the Friends of the Children's Museum for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Friends of the Children's Museum shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Friends of the Children's Museum shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES i The Friends of the Children's Museum agrees to provide a museum located in the log cabins in City Park to exhibit Pioneer Life which is open to the public. i - ' ! II. FUNDING The City of Iowa City shall pay to The Friends of the Children's Museum the sum of $2,000 in FY79 with the agreement between the parties that the said money will be used toward operating expenses. III. GENERAL ADMINISTRATION A. The City will transfer the funds in two payments. $1,000 at the time of signing and the remaining payment will be made on January 1, 1979. B. The Museum Director will submit quarterly reports of its activities to the City Council. /3 5_7 MICROFILMED BY i JORM MICR+LAB CEDAR RAPIDS • DES MOVIES MILROFILMLO BY JORM 141CROLAB CEUAk RAPIDS AFIU ULS 'vlul:iLi, ,Uv -1 C. The Friends of the Children's Museum will submit an accounting of expenditures at the end of the contract period. D. For the purposes of this agreement staff shall be considered employees of the Friends of the Children's Museum and any fringe benefits received by the staff shall be through the said Friends of the Children's Museum. The employees of the Friends of the Children's Museum shall adhere to personnel policies formulated by the Board of Directors. E. The Friends of the Children's Museum shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Friends of the Children's Museum to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Friends of the Children's Museum agrees to indemnify, defend, and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses, and expenses in any manner resulting from, arising out of or connected with the responsibilities of the Friends of the Children's Museum as detailed i in this Agreement. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that i thirty day period. H. The Friends of the Children's Museum agrees that its staff and agents will not use City funds to travel to any states that have not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. t ,�y MICROFILM BY r'1 JORM MICR6LAB 1, F.FMR RAPIDS • DFS MOIRLS f-j;LkOFILMED BY JORM MICROLAB For the Cityv of Iowa, Iowa: ROBERT A. VE ERA, MAYOR • CEDAR RAPIDS AND UES i•IUI;IL'�, :01,11 ATTEST: OM ABBIE STOLFUS, CITY LERK For: Friends of the Children's Museum MME ! ... / ..7 J ITLE u%�toa�e.oay✓ ATTEST: 7/.obi NAME 4 cloe(g ct�y �cr2r. I i f-j;LkOFILMED BY JORM MICROLAB For the Cityv of Iowa, Iowa: ROBERT A. VE ERA, MAYOR • CEDAR RAPIDS AND UES i•IUI;IL'�, :01,11 ATTEST: OM ABBIE STOLFUS, CITY LERK For: Friends of the Children's Museum MME ! ... / ..7 J ITLE u%�toa�e.oay✓ ATTEST: 7/.obi NAME 4 cloe(g ct�y �cr2r. i-IjuROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UE" ;1U1hL_, .v%a RESOLUTION NO. 78-327 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR EMERGENCY ASSISTANCE: IN THE IOWA CITY AREA WITH IOWA CITY CRISIS INTERVENTION CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide services to assist transient persons needing emergency assistance in Iowa City, and WHEREAS, Iowa City Crisis Intervention Center is an agency which provides short term crisis intervention and counseling, and information and referral services in Iowa City, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Iowa City Crisis Intervention Center is a non-profit corporation organized and operates under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X -- Perret X Roberts X Vevera Passed and approved this 25th day ofof_ ) July ) 1978. ''S MAYOR ATTEST: uc. A— CITY CLERK l 141CROFIL14ED BY I JORM MICR+LAB i . CEDAR RAPIDS • OES M01MB RF,CFIVFD & APPROVED BY Tei LEGAL DEPIJiTW41T l3s8 h i I i-IjuROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UE" ;1U1hL_, .v%a RESOLUTION NO. 78-327 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR EMERGENCY ASSISTANCE: IN THE IOWA CITY AREA WITH IOWA CITY CRISIS INTERVENTION CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide services to assist transient persons needing emergency assistance in Iowa City, and WHEREAS, Iowa City Crisis Intervention Center is an agency which provides short term crisis intervention and counseling, and information and referral services in Iowa City, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Iowa City Crisis Intervention Center is a non-profit corporation organized and operates under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by Roberts and seconded by deProsse that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser X -- Perret X Roberts X Vevera Passed and approved this 25th day ofof_ ) July ) 1978. ''S MAYOR ATTEST: uc. A— CITY CLERK l 141CROFIL14ED BY I JORM MICR+LAB i . CEDAR RAPIDS • OES M01MB RF,CFIVFD & APPROVED BY Tei LEGAL DEPIJiTW41T l3s8 MILRUFILMED BY DORM MICRULAB LEUAk RAPIUS ANU ULS :16INLi, ,ur. AGREEMENT This Agrgement was made and entered into on the --5_t,< day of 7¢.�C,,_ , 1978, by and between the City of Iow�ty, Iowa, a mum ci al 9brporation, hereinafter referred to as the "City," and the Iowa City Crisis Intervention Center for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Iowa City Crisis Intervention Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Iowa City Crisis Intervention Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Iowa City Crisis Intervention Center agrees to provide assistance to transients, including but not limited to, counseling and information and referral services for both callers and walkins. II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center the sum of $3,000 in FY79 with the agreement between the parties that said money will be used to meet operating expenses of the Transient Services. 1II. GENERAL ADMINISTRATION A. The City will transfer the funds in two payments $15-10 at the time of signing and the remaining payment will be made on January 1, 1979, B. The Iowa City Crisis Intervention Center Director will submit quarterly reports of its activities to the City Council. MICROFILMEO BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES miu(uH LMLO BY JORM MICROLAB CLUAR RAVIL)S ANU OLi -2- jf,,, C. The Iowa City Crisis Intervention Center will submit quarterly accounting reports of expenditures. D. For the purposes of this agreement staff shall be considered employees of the Iowa City Crisis Intervention Center and any fringe benefits received by the staff shall be through the said Iowa City Crisis Intervention Center. The employees and agents of the Iowa City Crisis Intervention Center shall adhere to personnel policies formulated by its Board of Directors. E. The Iowa City Crisis Intervention Center shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Iowa City Crisis Intervention Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Iowa City Crisis Intervention Center agrees to indemnify, defend and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the responsibilities of the Iowa City Crisis Intervention Center and detailed in this agreement. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. H. The Iowa City Crisis Intervention Center agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 1., . w.— MICWILVICD BY JORM MICR+LAB CCDAR RAPIDS • Df5 moors I-0IGROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUPIL>, ,uv -3- For theeCity/ of IIow,a, Iowa: For: IIowaa City Crisis Intervention ROBERT T �EVERA, MAYOR NAME � TITLE ATTEST: ATTEST: AB IE STOLFUS, CITY LERK AME TITLE/,l Win:.' i i i I I i I i i RECEIVED k APPROVED BY TIM, IXGILL DEPARTIOM FILMED BY JORM MICR+LAB ; Cf DAR RAPIDS • DES MOINES MILROFILMED BY JORM 141CROLAB CEDAR RAPIUS AND ULS 1101;ILj, iun,+ I' RESOLUTION NO. 78-328 RESOLUTION AWARDING CONTRACT FOR THE CONSTRUCTION OF THE FY79 ASPHALT RESURFACING PROJECT WHEREAS, L. L. Palling of Iowa City, Iowa, has submitted the best bid for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to L. L. Pellina of Iowa City, Iowa, for the amount of $233,687.30 (base bid, Alternates 1, 2 & 3) Alt. 2 & 3 subject to contractor complying with all requirements and applicable regulations contained in Davis -Bacon Wage Act and other resolutions relating to expenditure of Federal Revenue Sharing Funds, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Perret and seconded by Roberts that the Resolution as read be aopted, and upon roll cal t eT— rtl a were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 25th day of July 1978. i QL MAYUK ATTEST: L' _ /,--/ CLERKCITY i, C '•a`P' Id ICRorILMED BY . JORM MICR�LAS UnAR RAPIM • DES M0111ES Received & Approved B u8 11(?De z7 78 136 �f 1-1ILROFILMED BY JORM MICROLAU CEDAK RAPIDS AND UES MUI:it.., .Jh" RFSOLu'TIO:1 NO. RESOLUTION AWARDING CONTRACT FOR THE FY79 ASPHALT RESURFi I— i OF THE WHEREAS, L. L. Pa l l 7above-named has subm tted the best bidon of the above- named project.NOW, THEREFORE, BE IT RESO VED BY THE COUNIOWA CITY, ?0WA: 1. That the contract for the c nstruction of/ject is hereby awarded to t $203,606.00 base bid plus Alt.Al), subject to the condition that awardee secure adequate performand nd an/and nsurance certificates. It was moved by seconded by that the Resolution as read be adopt d, an upon roll call there were: AYES: NAYS: ABSENT: BAL dePROS E E DAHL IEUHAUSER FERRET ROBERTS VEVERA Passed and approved this day of 19 78 . i Mayor Attest: City Clerk GTh., Legal Deparlmenl QNB � zy''18 !f :41CROFILMED BY i JORM MICR+LAB CEDAR R.APIPS • DES MOIVS MICROFILMLD BY JORM MICROLAB CEDAR RAPIDS AND ULA NUltiu, 'Jell, CF -1 MICROFILM BY JORM MICR+LAB Cr0112 RAPIDS • DFS MOINES e; CONTRACT THIS AGREEMENT, made and entered into this 27th day of July 19 78, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and L. L. Pelling Company, Inc. • I party of the second part, hereinafter referred to as the "Contractor". j WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the .30th day of June 19 78 , for the FY79 Asphalt Resurfacing Project under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately, and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1. That the Owner hereby accepts the proposal of the Contractor for the work and for the sums listed below: ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITUAQ NTITY PRICE 41OUNT VARIOUS CITY STREETS 1. Surface course, type A (3/8" mix)tons 2448 $ 29.00 $70,992.00 2. Surface course, type A (3/4" mix) tons 886 $ 29.00 $25.694.00 3. Leveling course, type A (3/8" mix) tons 1930 $ 29.50 $56,935.00 4. Leveling course, type A (3/4" mix) tons 645 S 29.50 $19,027.50 5. Tack coat gal. 7713 $ 0.80 S 6.170.40 6. Asphalt removal sq, yd. 1140 S 5.00 S 5.700.00 7. Manhole adjustment each 36 $250.00 $ 9.000.00 8. Catch basin adjustment each 13 $400 0 $ 5 2 0 00 CF -1 MICROFILM BY JORM MICR+LAB Cr0112 RAPIDS • DFS MOINES , f-t!LRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES �,!UIiLLj, .wiry ALTERNATE NO. 1: I I STREET BRIDGE I 1. Surface course, type A (3/8" mix) f-t!LRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES �,!UIiLLj, .wiry ALTERNATE NO. 1: PARKING LOT BELOW COLLEGE STREET BRIDGE 1. Surface course, type A (3/8" mix) tons 65 S 42.50 S 2,762.50 2. Leveling course, (3/8" mix) type A tons 43 $ 42.50 $1,827.50 3. Tack coat gal. 372 S 0.80 $ 297.60 ALTERNATE NO. 2: SURFACE COURSE FOR CITY PARK TENNIS COURTS 1. Surface course, type A (3/8" mix) tons 560 S 37.00 $20,720.00 2. Tack coat gal. 1526 S 0.80 S 1,220.80 ALTERNATE NO. 3: FINISH COURSE FOR CITY PARK TENNIS COURTS 1. Finish course lines) (with playing sq. yd. 4070 S 2.00 S 8,140.00 TOTAL EXTENDED AMOUNT S 233,687.30 2. That this Contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation. c. Plans d. Notice of Public Hearing and Advertisement for Bids. e. Special Provisions f. Proposal g. This Instrument The above components are complementary and what is called for by one shall be as binding as if called for by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. CF -2 T...,.-� MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MILROFILMED BY JORM MICROLAB CEDAR RAMS AND ULS HUINLj, .Jv... 4. That this Contract is executed in 3 copies. 5. Alternates No. 2 and No. 3 are subject to complete compliance with all aspects and regulations of the Davis -Bacon Wage Control Decision and other pertinent requirements due to the expenditure of Federal revenue funds. The base bid for various City streets and the bid for alternate No. 1 are not subject to the aforementioned requirements. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. e1r, aF_j",.C't B Cp GCL��eal (Title) Mayor ATTEST: (Title) City Clerk t actor Qt11,_j' Seal I (Title) 11 TreT. CF -3 141CROFILMED BY .' JORM MIC R+L A13 CrnRR P.APIDS - DES MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIUS AND OLS AuIhL:,, iu . PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT L. L. PELLINV COMPANY, INC., Iowa City, Iowa _ (Here ineert the name and a •eas or lepul title of the Contractor) a Principal, hereinafter called the Contractor and UNITED FIRE & CASUALTY COMPANY, Cedar Rapids, Iowa as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Two Hundred Thirty Three Thou and, Six Hundred Eighty Seven and 30 10 payment Dollars ($233,68M for the a ent whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors I and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated July 27 1978 , entered into a Contract with Owner for... THE FY79 ASPHALT RESURFACING PROJECT In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. 0. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: PB -1 v � MICROrILMEB BY JORM MICR+LA9 CrBAR RAPIOS • BCS MOINES 6IICROFILMED BY JORM MICROLAB A CEDAR RAPIDS AND ULS i•lU l:+u, :un.. 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 364 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of one (i) year from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. PB -2 MICROFILMED BY 1 JORM MICR+LAB CFDAR RAPIDS • DES MOINES 1 �nl I I 6IICROFILMED BY JORM MICROLAB A CEDAR RAPIDS AND ULS i•lU l:+u, :un.. 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 364 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of one (i) year from the date of acceptance of the improvements by the Owner. D. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. PB -2 MICROFILMED BY 1 JORM MICR+LAB CFDAR RAPIDS • DES MOINES I.11i,k0F1LidLD BY JORM MICROLAB CLDAR RAPIJS AND ULS :'MkLu, ;Jell, IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the principal or with subcontractors all just claims due them for labor performed or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS 27th DAY OF July A.D., 19jg. IN THE PRESENCE OF: , � �Z z , J W1 tnes UNITED FIRE d CASUALTY COMPANY rety By Wi to kT i tl e Mornay- In- Fact and Iowa Resident Agent PB -3 1 141CROFILMED BY ,1 JORM MICR+LAB CADAR RAPIDS • OES 1401NES 14IL1OFILMED 8Y JORM MICROLAB CEDAR RAPIDS AND UE" L;UiNLI JAn UNITED FIRE & C..,SUALTY COMPANY NOMI OferlCIL CIDAR RAPIDS. IOWA Certificate of Authority Individual Altorney•in•Fact. KNOW ALI, MEN iiy TIIESF, Plt@SENTS, That the UNITED FIRE & CASUALTY COMPANY, a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, Stale of Iowa, hath made, constituted and appointed, and does by these present, make, constitute and appoint .Patricia,.R..,.Zahn,t,..or„Lowell ZaQfr or L. Pieratt, Jr., .or ... Dal,Y. r....4r„Veronica,..MOnaghan,I,,,or Theresa Juhl, a� l.. i ndixa dual.] Y.r.............................................................................................................................. of... Wa.t;ex.lm..... Lal.aA.......................................................................................................................... its true and lawful Attorney -in -Fact with full power anti authority hereby conferred to sign, seal and exe- cute in its behalf bonds, undertakings and other obligator' instruments of similar nature as follows: Any„and..all... bonds;,.,,,The authority hereby yrantecl shall expire two (2) t years„from„the,,,date„hereof„,unless...soonier..... revoke d . ............ ............................................................................................................................................. .......................... and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments were signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified find confirmed. This Power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company. m'', "Article V—Surety Bonds and Undertakings.” i Section 2. Appolnlmant of AltnmeY•In•Ftet. The Predda t or any Vice ereddent may from it'-' to time appolet by written certificate •ttnmey.in•fa t to tet In behalf of the Cnn+penY In the eaeeution of P1111011 of Inrunnee, bonds, under• ' ttklntr and other ebac.teyy Imtrumene of like nature. Such atlom,y.-I.4.0. 1.1011 to lh, thelt-tlnm set forth In that, ,..pact[,, certificate. of authority shall have full puwer to hind Ili- enmp-ny by their denature and eaeautlon of any inch Imlrumeot and to attach the sed of the COmpanY thereto. The Pteddent or any Vice Pnaident or the Board of Director- mq at any time trach- dl ..at and authority prealowly liven to any at tonney.ln•faet. IN WITNESS WHEIREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents to be signed by its Vice Presifdent and its corporate seal to be hereto affixed this.........,lst 77day of..........Mar.......c...h ............................. 11).......... IINI.1'ED FIRr & CASUALTY COMPANY (SEAL) /.S./...R1C.11IaRD...J..... G1.l LNG.1.0........................... Vice President. State of Iowa, County of Linn, ss: 1st March 19 77 before me personally came Onthis..............................(illy of....................... I Y Richard J. Ehlinger ............................................................................... ......................................................................................... to me known, who, being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is rN.irAPresident of the UNITED FIRE & CASUALTY COMPANY, the cor• poration described in and which executrrd the above instrument: that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to author• ity given by the Board of Directors of said rorpnration and that he silnied his name thereto Pursuant to like ' authority, and acknowledges same to be the act and deed of said corporation. (SEAL) /S/ GAIL SCANDRIDGE .............. .............................. Notary Public. N1y Commission Expires.September 30 78 3 0 19 .......... I G1ep...H!...pMith.d..Jr. t.........................................ascxmxSerrelary of UNITED FIRE & 3-1-77 CASUALTY COMPANY, I do hereby rcrtify that the aforementioned I+ower of Attorney dated.. ............ Patricia R. Zahn, or Lowell Zapf, or L. Pieratt, Jr., or l5avid in behalf oL.(.e.,FreiermuthA,.or,,,Veronica„�to,nFig,han,.......,Theresa Juhl, h ..... is a true and correct copy and that same is still in force. all individually, In testimony whereof I have hereunto subscribed nil, name and affixed Lha corp rnle seal of the said Company this.27.l,ft... day of .............. ....scaly.......,.... 111.7.8.......!.�GGI.t�.:..... Axkrmx Seen ry. .. ':•iia UND-2088b I MICROFILM OY .I JORM MICR+LAB f.rOAR RAPIDS a BGS MOINES V r•LILROFILMED BY JORM MICROLAB NOTE TO BIDDERS: CEDAR RAPIDS AND uLS MUI:IL_1, :U1111 FORM OF PROPOSAL CITY OF INA CITY PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER—.. Name of BidderC' 14� l Address of Bidder 12 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 I The undersigned bidder submits herewith bid security in the amount of $ 20 000 in accordance with the terms set forth in the "Standard Spec4 cat ons", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda — and and do all work at the prices ere na ter set out. i We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or suns cannot be agreed upon to perform such work on a force account basis, as provided in the Standard Specifications". ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITUAQ NTITY PRICE AMOUNT VARIOUS CITY STREETS 1. Surface course, type A tons 2448 S y Q S lc Z cc. (3/8" mix) 2. Surface course, type A (3/4" mix) tons 886 S=�_ S �' w �c 3. Leveling course, type A (3/8" mix) tons 1930 S T 5 "- S La y35 .t•v 4. Leveling course, type A tons 645 c', 'I CC (3/4 mix) 5. Tack coat gal. 7713 S %-tr.,4c, 6. Asphal t' removal sq. yd. 1140 S 3LSd S '• T� GS C 7. Manhole adjustment each 36 S ZSO _ S crn.cC B. Catch basin adjustment each 13C."C STC C - .c.0 P-1 141CROFIL14ED BY ; ' JORM MICR+LA9 rEMR RPM • DES 1•10114B ,4 I•IILRUF1LMED BY JORM MICROLAB CEDAR RAPIDS AND ULS llul:,L�, .un„ ALTERNATE NO. 1: PARKING LOT BELOW COLLEGE STREET BRIDGE 1. Surface course, type A (3/8" mix) tons 65 2. Leveling course, type A tons 43 S`{z-- -S (3/8" mix) —=r- 3. Tack coat gal. 372 S C " S �ti 1.ic ALTERNATE N0. 2: SURFACE COURSE FOR CITY PARK TENNIS COURTS 1. Surface course, type A (3/8" mix) tons 560 S I cc S cc 2. Tack coat gal. 1526 S c.S \�u. ALTERNATE NO. 3: FINISH COURSE FOR CITY PARK TENNIS COURTS 1. Finish course (with playing lines) sq. yd. 4070 SZ. c.c c •`c TOTAL EXTENDED AMOUNT S The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. The undersigned bidder states that this plroposal is made in conformity with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. (Seal - if bid is by a corporation PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS FIRM: By: P-2 Business 1lddres �`- MICROrILMED BY ...i JORM MICR+LAB CEDAR RnP105 • nFS MOINES c" .2J%, �� 7� I � ?� 3,� "r3 /��• I � '?U � /f7�] 6'� 1•IICROF ILMCD BY I JORM MICR�LAB CrOAP TS MOIIII'S G L ��. LL.i'Pulhn. rr, ..r„c. r�u.I,°r.0 :ul,rlrti lam. R 3-IrYv4.�E BOND a 20 ooC, a UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED ION REET� Course , ype A o° g _' Oo o_ aq s- 1 o gRn2 �• 30 — ou i ns?. s 3o 7 17 ;Ik 15 9R CnunALlitJpC A 31 °`I �0 2. (� 1 1 3x75 a9 0 t5= ' i.o �r °O 0o r,. 6q�r y 29 �D� �'�382� 30� ou s8 R6S 2 32 '10, "O a� Iq 02-7 a 7-' 123'go SO ,n< . .21 o ' ' °° S as s °= I= I o e° o o j0D 256— 9 oo °' �2- q00 350 DDo o� o0s 3.515` =o0'I ou 39D0 ek1N� R L rn EG, Si1ZE 'r P�21n�<,C C'OtkmQ-�41 jpc A 00 0o ca �ro zs Z5SD f� p ” "Icv I P °^, Z C(2ro flar �� SRO �75- � 0111 h.(y 7 DZI I 15 oo So D' vo �'' o° — 37a 10 —40 2u SU R Ac C umr' Fo r, I k -N W t5 r -o u ; 11 C -&'Ver) `i �'° A. r Q c 0°— Lb 3�— O F 120 y a vv �Sc�o �, y � 2� goo � n�= y.Ll y r° cinl- i ). ? — N 5 r E Fb Crr'J Ar _ rJ IS (' nI ' T<_ 3 ►����" 9,I o I90 — 7 '�— a- to I15= .2J%, �� 7� I � ?� 3,� "r3 /��• I � '?U � /f7�] 6'� 1•IICROF ILMCD BY I JORM MICR�LAB CrOAP TS MOIIII'S 1'110UO ILMED BY JORM MICROLAB LEDAR RAPIDS AND 1)L5 MUu :iLj, .Jell, i RESOLUTION NO. 78-329 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH UNITED ACTION FOR YOUTH WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from the traditional approaches to youth services and help them identify their individual needs and facilitate meeting the same in the best interest for the individual and the community, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operates under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by de-Prosse and seconded by Erdah_ l _ that the Resolution be adopted, and upon roll call there were: i AYES: NAYS: ABSENT: X Balmer X deProsse X Erdahl X Neuhauser % Perret R Roberts -- z Vevera I Passed and approved this 25th day of July 1978. MAYOR ATTEST: L�(/�l4-ee CITY CLERK L f BECEITM A 0FROVEB BY THE LEG,IL DEPARTUENT --,� O —7 P Aef-- T- �Y 141CROFILNEO BY 1 1 JORM MICR+LAB CFDAR RAPIDS • DFS MOINCS /-365 14ILWFILMED BY JORM 141CROLAB CEDAR RAPLuS AND uLS A61k , AGREEMENT This Agreement was made and entered into on the -75eday of 1978, by and between the City­776wa City, Iowa, a municipa corpora fon, hereinafter referred to as the "City," and the United Action for Youth for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The United Action for Youth shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. i b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The United Action for Youth shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES U.A.Y. agrees to provide assistance to young people, especially those who are alienated from the traditional approaches to youth service, in identifying their individual needs and opportunities and facilitate meeting the same in the best interest of the individual with regard for the community. 1. U.A.Y. agrees to comprehensively plan and conduct an Outreach Program to locate youths who are experiencing difficulty and serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. a. Staff and maintain a U.A.V. walk-in center which will be open weekdays from 8:30 a.m. to 4:30 p,m. b. Maintain visibility and have planned and purposeful contact with youth in the community. C. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. ICRUILMED BY I DORM MICR+LAB CFDM Rh%nS • nES MOINES r41GiUFILI4LU BY JORM MICROLAB CEDAR RAPIDS AMU uLS MUiLLi -2- d. Maintain records of Outreach workers, including youth contacts, activities and referrals, 2. U.A.Y. agrees to provide appropriate Outreach services to youths as determined by individual needs. Methods used include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determining a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and be available to alleviate their current situation. c. Identify and utilize available referral services to assist young people to meet their needs or improve their current situation. d. Consult with and refer youth to other agencies in the community and remain available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. i e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is needed. 3. U.A.Y. agrees to provide an evaluation mechanism through fiscal and program accountability and reporting including: forwarding all Board meeting minutes to the City Council for their information. The U.A.Y. j Director may be periodically requested to attend Council meetings when information and discussion is pertinent to U.A.Y. The U.A.Y. Director will prepare a monthly report which will be forwarded to the �i City Council for their information. U.A.Y. will build and establish working relationships and communications with other agencies in the community. 4. Utilize a questionnaire to solicit feedback which will determine the effectiveness of Outreach services every six months from: a. Clients that will (1) reflect how well their needs have been j met, (2) determine whether they felt the course of action was in their best interest, (3) determine the level of trust and rapport with the U.A.Y. staff, and (4) determine if gaps in services exist among agencies. b. Agencies that refer clients to U.A.Y. C. Agencies to which U.A.Y. referred clients. 5. The City may retain a consultant to survey the Outreach. Program to determine its effectiveness. MICROFILMED BY ,l JORM MICR¢LAB f.FDAR RAPIDS . DES MOINES f•)IL,ROFILAW BY JORM MICROLAB LEDAk RAPIDS AND uL ?IU i.'L , :Jr•n 6. Individual objectives of U.A.Y. include: a. Sponsor an Open House at the Friends Meeting house and invite members from other agencies. b. Participate in workshops and in training sessions to strengthen Outreach. c. Plan two activities a month to promote Outreach and provide an opportunity for contact and positive interaction with youth in the community. II. FUNDING The City of Iowa City shall pay to U.A.Y. the sum of $27,327 in FY79 with the agreement between the parties that the said money shall be used toward general operating costs. III. GENERAL ADMINISTRATION E. ,. The City will transfer the funds in twelve equal payments at the 1st of the month, the first transfer to occur at the time of signing. The U.A.Y. Director will submit monthly reports and an annual report to the City Council. U.A.Y. will provide a monthly accounting of expenditures and a report at the end of the contract period. For, the purposes of this agreement, the Director and staff shall be by thesstaff dshallobeethrough s of Athe saidaUYA.Y. The .Y. anny fringe eemployees nefits cofved U.A.Y. shall adhere to the personnel policies formulated by U.A.Y. The U.A.Y. Board will be responsible for the general administration of the program under the terms of this contract including the determination of the budget, personnel policy, hiring, purchasing and expenditure approval. The City Council will appoint two qualified voting citizens of Iowa City'to serve as voting members of the U.A.Y. Board. U.A.Y. shall maintain in full force and effect a comprehensive businessyinntheaStateoofcIowa, inea forma approvedlby thedCitydo Manager. The minimum limits of such a policy shall•be as follows: To over ersonal iur insuredity for property damage ofydeath in $10,000 �- 141CROFILI.IED BY ,..� JORM MICR6LAB fFMR P.APIDS • PES MOINES P11uk0F1LMLD BY JORM MICROLAB -4- CEDAR RAPIDS MU ULS I•IU1:4L,, .0++ The failure of U.A.Y. to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all right and privileges contained herein. F. The U.A.Y. agrees to indemnify, defend, and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from arising out of or connected with the responsibilities of the U.A.Y. as detailed in this agreement. n termination G day bills are to be liabiliitypofao All theCity beyond thatt30n30 day period. ents t use N travel torany state ithat-has ts staff a not nd aratifiedlthe oEqual Rights funds tsAmendment throughout the duration of this contract. I. This contract may be terminated upon a 30 day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1919, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: For: U.A.Y. ROBERT A. VEVERA, MAYOR > > ATTEST: ABBIES L"U , CIT LER ATTEST: 1t. -r- /Jk ^ - = N ME RECEIVED & APPROVEi1 BY .THE L1:CGL L'EPl h"O"5 J fi i t:.... gt...c MICROFILMED BY 1 ;I :JORM MICR+LAE CEDAR RAPIDS . DCS MD:ACS MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND uLS ?IUINL�, RESOLUTION No. 78-330 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOWCREEK NEIGHBORHOOD CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide recreational services to the residents of Mark IV, and WHEREAS, Willowcreek Neighborhood Center is an agency which plans and implements recreational programs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Willowcreek Neighborhood Center is a non-profit corporation organized and operates under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute the attached contract and by this reference made a part hereof and the City Clerk be directed to certify the said agreement. It was moved by deProsse and seconded by Erdahl that the Resolution he adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl _ X Neuhauser X Perret X Roberts X Vevera Passed and approved this 25th day of July 1978. MAYOR CITY CLERK S' 141CROFILMED BY JORM MICR+LAB t CFDAR RAPIDS . DCS MOINES RECEIVED & APFRO'70 BY 1''Z, 1,1:011 T.b:PlIiT;CrN7S /366 t1IOWFILMED BY JORM MICROLAB CLOAR RAPIDS AND UL`, MUiNL�, •xA11 AGREEMENT This Agreement was made and entered into on the -t/ day of 1978, by and between the City of Iowa City, Iowa, a munncipA corporation, hereinafter referred to as the "City," and the Willow Creek Neighborhood Center (Mark IV) for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to -wit: 1. The Willow Creek Neighborhood Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Willow Creek Neighborhood Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. 1. SCOPE OF SERVICES The Willow Creek Neighborhood Center agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational program in the Willow Creek Neighborhood Center area. II. FUNDING The City of Iowa City shall pay to the Willow Creek Neighborhood Center the sum of $5,000 in FY79 with the agreement that the funds will be used for residents of Willow Creek Neighborhood area for a recrea- tional program. III. GENERAL ADMINISTRATION A. The City will transfer the funds quarterly, the first payment to be made at the time of signing of this agreement. B. The Willow Creek Neighborhood Center Director will submit monthly reports of its activities to the City Council. 7l MICROEILMED BY ' , 'l .JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 1,766 I PM MICi2UFILi4EO BY JORM MICROLAB CEDAR RAVIUS AND UES luiliL .u,: C. The Willow Creek Neighborhood Center will submit quarterly accounting reports of expenditures. D. For the purposes of this agreement, staff shall be considered employees of the Willow Creek Neighborhood Center and any fringe benefits received by the staff shall be through the said Willow Creek Neighborhood Center. The employees and agents of the Willow Creek Neighborhood Center shall adhere to personnel policies formulated by its Board of Directors. E. The Willow Creek Neighborhood Center shall maintain in full force and effect a comprehensive liability insurance policy exectued by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Willow Creek Neighborhood Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Willow Creek Neighborhood Center agrees to indemnify, defend, and save harmless the City, its officers, employees and agents from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of or connected with the responsibilities of the Willow Creek Neighborhood Center as detailed in this agreement. G. All outstanding bills are to be paid upon termination within a thirty day period with no liability of the City beyond that thirty day period. H. The Willow Creek Neighborhood Center agrees that its staff and agents will not use City funds to travel to states that have not ratified the Equal Rights Amendment throughout the duration of this contract. I. This contract may be terminated upon a thirty day notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1979, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. Y, 141CROFIL14ED BY 1 JORM MICR+LAB CCMR RAPIOS • DES MOINES 191CRUH LMED BY JORM MICROLAB CEDAR RAPIDS AND UES 1.1UIhL:,, IUAM For the City of Iowa, /Iowa: For: /Willow Creek Neighborhood Center ROBERT A. VEVERA, MAYOR NAME CLU TITLE ATTEST: e F c ATTEST: °�• ��Q�" ABBIE STOLFUS, CITY YLERK NAME T P�1r-s.Or.. tws TL 1 RECRIVED k 'APFROU5 BY Tib; L G.J. PF:PA1 T6G li7l MICROFILMED BY -� JORM MICR+LAB f.FDAR P.APIDS • DES MOINES i I 'I 191CRUH LMED BY JORM MICROLAB CEDAR RAPIDS AND UES 1.1UIhL:,, IUAM For the City of Iowa, /Iowa: For: /Willow Creek Neighborhood Center ROBERT A. VEVERA, MAYOR NAME CLU TITLE ATTEST: e F c ATTEST: °�• ��Q�" ABBIE STOLFUS, CITY YLERK NAME T P�1r-s.Or.. tws TL 1 RECRIVED k 'APFROU5 BY Tib; L G.J. PF:PA1 T6G li7l MICROFILMED BY -� JORM MICR+LAB f.FDAR P.APIDS • DES MOINES t•II6R01:ILHED BY JORM MICROLAB CEDAR RAPIDS AND UES FIUI Icy, .J,-., RESOLUTION No. 78-331 WHEREAS, the owner and proprietor, Plum Grove Acres, Inc. has filed with the City Clerk plat and subdivision of the following described premises located in Johnson County, Iowa, to -wit: Commencing at the Southeast corner of Section 12, Township 79 North, Range 6 West of the 5th Principal Meridian: Thence N 00 02' 09"E, 1093.25 feet; Thence N890 57' 41"W, 333.16 feet along the Southerly Right -Of Way line of Washington Street to the Point -of -Beginning; Thence S 000 19' 00"W, 1061.74 feet to the Northerly Right -of -Way line of Court Street; Thence S 890 27' 00"W, 300.83 feet along the 'North line of Court Street to the South- east corner of lot 26 of Court Hill -Scott Boulevard Addition Part 2; Thence N 000 19' 00"E, 961.51 feet along the Easterly line of said part 2; Thence N 210 27' 30"E, 143.30 feet to the Southerly Right -of -Way line of Washington Street; Thence Southeasterly 163.02 feet along a 436.18 foot Radius Curve, concave Northeasterly, whose 162.07 foot Chord Bears S 790 15' 16"E; Thence S 890 57' 41"E, 89.64 feet along the Southerly Right -of -Way line of Washington Street to the Point -of -Beginning. Said Tract of land containing 7.35 Acres. WHEREAS, said property is owned by the above named Corporation and the dedication has been made with the free consent and in accordance with the desires of the proprietor. WHEREAS, said plat and subdivision is found to conform with Chapter 409 of the 1977 Code of Iowa and all other statutory requirements. WHEREAS, said plat and subdivision be accepted and approved. NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said plat and subdivision located on the above described property be and the same is hereby approved, and the dedication of the streets and parks as by law provided is hereby accepted. BE IT FURTHER RESOLVED that the City Clerk of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this Resolution to the County Recorder of Johnson County, Iowa. I.11CROFILMED BY JORM MICR+LAB CFDAR RAPIDS • DCS mamrs 1370 MICROFILi4ED BY JORM 141CROLAB CEDAR RAPIDS AND UES hlUi:iL�), Res. No. 78-331 -2- It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x E d hl x r a Neuhauser Perret x Roberts x Vevera x Passed and approved this ,i Attest: City clerk F 25th day of July , 1978. V % `L'I' z , 11'� Mayor STATE OF IOWA ) ) SS JOHNSON COUNTY ) ,,I,.Abble,Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify'that the Resolution attached hereto is a true and correct copy of the Resolution, No ,7f ; s! which was passed by the City Council of Iowa ~`City;t�Iowa,--at-aQreggulaar—meeting held on the 25th day of July, 1978, all as the'Same'appears of record in my office. Dated at Iowa City, Iowa, this �7< f,,, day of July, 1978. TBTE STOLFUS, U71Y CLERK -- �� 141CROFILMEO BY JORM MICR+LAB ! CFOAR RAPIDS • US MOVIES i 4 � 1 MICROFILi4ED BY JORM 141CROLAB CEDAR RAPIDS AND UES hlUi:iL�), Res. No. 78-331 -2- It was moved by Balmer and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x E d hl x r a Neuhauser Perret x Roberts x Vevera x Passed and approved this ,i Attest: City clerk F 25th day of July , 1978. V % `L'I' z , 11'� Mayor STATE OF IOWA ) ) SS JOHNSON COUNTY ) ,,I,.Abble,Stolfus, City Clerk of the City of Iowa City, Iowa, do hereby certify'that the Resolution attached hereto is a true and correct copy of the Resolution, No ,7f ; s! which was passed by the City Council of Iowa ~`City;t�Iowa,--at-aQreggulaar—meeting held on the 25th day of July, 1978, all as the'Same'appears of record in my office. Dated at Iowa City, Iowa, this �7< f,,, day of July, 1978. TBTE STOLFUS, U71Y CLERK -- �� 141CROFILMEO BY JORM MICR+LAB ! CFOAR RAPIDS • US MOVIES 3� MII:ROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES P1UlkLi, 'Jv­ STAFF REPORT To: Planning and Zoning Commission Prepared by; Doug Boothroy Item: S-7824. Court Hill -Scott Boulevard Addition, Part 4 Date: July 6, 1978 GENERAL INFORMATION Applicant: Requested action: i Purpose: Location: i Size: Existing land use and zoning: Surrounding land use: 1 i Applicable regulations: i f 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION c Public utilities: { Public services: ! Transportation: i Physical characteristics: i Bruce R. Glasgow 834 N. Johnson Iowa City, Iowa 52240 Approval of a final plat. To establish 26 residential lots. East of Raven Street between Court and Washington Streets. 7.35 acres Undeveloped and RIA and R3A. North - undeveloped and RIB South - single family and RIB East - undeveloped and R3A West - single family and RIB Provisions of the Subdivision Ordinance and the Stormwater Man- agement Ordinance. 7/22/78 8/6/78 Adequate sewer and water service are available. Sanitary service is available as well as police and fire protection. Vehicular access is from Washington and Court Streets. The topography is gently to moderately sloping (2-10 percent). 141CROFIL141D BY ' DORM MICR+LAB CEDAR RAMS • DCS MOINCS 1370 I ■ i rgICROFILMEO BY JORM MICROLAB GEUAk RAPIUS AND AS 1'1U NLJ, .Ur - 1—r ?' ANALYSIS The final plat of Court Hill -Scott Boulevard Addition, Part 4, is in sub- stahtial compliance with the approved preliminary plat. The proposed stormwater detention basin which provides compensating storage for this development is shown on the plat and will necessarily be constructed before any building permits are issued for any lots within this addition. As the legal papers do not yet reflect provisions for storm water manage- ment, the Commission should approve the plat subject to their revision in- corporating same. RECOMMENDATION The staff recommends that consideration of the final plat be deferred but upon revision of the plat incorporating the deficiencies and discrepancies noted below, the plat be approved. DEFICIENCIES AND DISCREPANCIES 1. Signatures of the utility companies should be provided. 2. The legal papers should be revised. ATTACHMENTS Location map. ACCOMPANIMENTS Final plat. Approved by ennis R. Kraft, Director Dept. of Community Development MICROFILMEO BY JORM MICR+LAB CCnAfl RAPIDS • DES MOINES I.11GROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DLS hi�IN� .un S --7C>:1 I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES F1ui;IL'.,, .J(111 RESOLUTION NO. 78-332 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF VILLAGE GREEN SOUTH, PART TWO BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the approval of the preliminary plat for Village Green South, Part Two j be granted with the following conditions: i s` 1. Contingent upon agreement for sewer detention facility being i executed. I 2. No construction to begin until above agreement is executed. i 1 f I. �t E r' t It was moved by Roberts and seconded by Balmer that the resolution as read be adopted and upon roll call there were: AYES: IIAYSs ABSENT: Passed and approved this 25th day of July , 1978. p MAYOR ATTEST: Rareivcd A, fiaorc-!-?d CITY CLERK By The Leal Dop,rtlnent /37/ 141CROFILMEO BY DORM MICR#LAB CEDAR RAPIDS • OES MOINES NICROFIUMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MULNLJ, iur.„ STAFF REPORT To: Planning and Zoning Commission Prepared by: Doug Boothroy It:eul: 5-7825. Village Green South, Part 2 Date: July 6, 1978 GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning Applicable regulations: 45 -day limitation period: 60 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: Transportation: Physical characteristics: Village Green South, Inc. 1201 S. Gilbert Street Iowa City, Iowa 52240 Approval of a preliminary plat To establish 66 single family lots East of Mercer Park 16.35 acres Undeveloped and RIB North - single family and RIB East - undeveloped and RIB South - (across the railroad tracks) Industrial and Ml West - single family and RIB Provisions of the Subdivision Ordinance and the Stormwater Management Ordinance 7/23/78 8/7/78 Adequate water service is available. Sanitary sewer capacity for this area is limited. Sewer service is available via a lift station and provision of a sewage detention facility. Sanitary service is available as well as police and fire protection. Vehicular access is from Dover Street. The toporaphy is nearly level to gently sloping ?2-5%). 141CROFILMED BY ' rEl JORM MICR+LAB CFDAR RAPID. - DCS MOINES /37/ M1CilOFILi4LD BY JORM 141CROLAB CEDAR RAPIDS AW AE 4U.i1L�, .u•,,, ANALYSIS There are two major concerns the staff has regarding the development of the Village Green South area (i.e., the area lying between Mercer Park and Scott Blvd.): Dover Street and sewer capacity. Dover Street was not designed or constructed to serve as a Collector. Each subsequent Addition in the Village Green South Area continues to lengthen Dover, thus increasing its likelihood of becoming an under -capacity col- t could nottfunction asha through hstreet extip Stet endingmfrom �Scott Boulevard over ttoeMusca- tine Avenue. The subject addition's design of Dover Street is a step toward the de- emphasizing of that facility. Future development to the east of this addition must also de-emphasize Dover but provide continuity to Village Road and indirect access to Scott Blvd. The Engineering Division has indicated in the past that limited sewer capacity exists in this area. A sewage detention facility has been pro- posed by the applicant as a remedy to the sewer problem. The Engineeerithat Division recommends that before Council approves the preliminary plat, an agreement be drawn up providing for either the construction of the sewage detention facility or that monies be escrowed for the cost of the construction of said facility. In either case, the developer should also agree to provide escrow monies for maintenance and provide design aand construction plans for the facility before preliminary plat app by the Council. RECOMMENDATION The staff recommends the plat be deferred pending resolution of the de- ficiencies and discrepancies listed below. Upon revision of that plat, it is the staff's recommendation that the plat be approved subject to the submittal of the aforementioned agreement prior to preliminary plat ap- proval by the Council. DEFICIENCIES AND DISCREPANCIES 1. The storm sewer easement between Lots 85 and 86 should be fifteen feet wide. 2. Lots should be fully dimensioned. 3. Dover Drive should be renamed. 4. The distance between fire hydrants should not be greater than 400 feet. IAICROFIL14ED DY JORM MICR¢LA.B MAP RAPIM • DCS MOINES ,IILRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND OLS CIDB4L�, .v+. ATTACHMENT Location map ACCOMPANIMENT Preliminary plat �11 Approved by / &� fo, Dimnis R. Kraft, Director Dept. of Community Development Y.. airy MICROFILMED BY ' I a. JORM MICR+LAB. CFDAR RAPIDS • DES MOINES ;i i f r_ Ph; �.c r rl y I, �11 Approved by / &� fo, Dimnis R. Kraft, Director Dept. of Community Development Y.. airy MICROFILMED BY ' I a. JORM MICR+LAB. CFDAR RAPIDS • DES MOINES I•IILROHLMLD BY JORM MICROLAB • LLUAR RADIUS AND ULS :'lUlNL!), UVir- S- X825` VL LAGL EU _ �I ?' wnrNt AVL `I �VIl;aGt FL OF _ 1 f onyrvRw VILLAGE GREEN MERCER ADDITION PARK > —voI LLI. LNLCN I 9t1UIN I li I rvilVLL LyEEN SOUTH PART Two t. •. I m V LOCATION MAP NO SCALE 141CROFILMED BY 1 JORM MICR+LAB CEDAR RAPIDS • DES MOVIES S, IA �l li E• I, �i i ii u" l l ii. I•IILROHLMLD BY JORM MICROLAB • LLUAR RADIUS AND ULS :'lUlNL!), UVir- S- X825` VL LAGL EU _ �I ?' wnrNt AVL `I �VIl;aGt FL OF _ 1 f onyrvRw VILLAGE GREEN MERCER ADDITION PARK > —voI LLI. LNLCN I 9t1UIN I li I rvilVLL LyEEN SOUTH PART Two t. •. I m V LOCATION MAP NO SCALE 141CROFILMED BY 1 JORM MICR+LAB CEDAR RAPIDS • DES MOVIES 1! ILROFILKD BY JORM I•IICROLAB CLDAk RAPIDS AND ULS I.1U1:IE1 CaF TRgNSA(95 JV � 2 J 118 O sown PLANNING AND RESEARCH DIVISION 000 LINCOLN WAY AMES IOWA 50010 5Is 2961661 July 19, 1978 REF. NO. 700.010 Arterial Hwy. 518 Johnson -Washington Cas. Mr. Neal Berlin City Administrator City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Berlin: This letter is to advise you of recent decisions made regarding Arterial Highway 518 in Johnson and Washington Counties, particularly the section bypassing Iowa City. As you will recall, staff members of the Iowa Department of Transportation met with you in Iowa City on January 20, 1978, to discuss three items relative to this project. These items concerned the general alignment of the Iowa City bypass, a discussion of two lanes versus four lanes, and the location of proposed interchanges. At that time, Iowa OCT staff said they i would study these items following the lifting of the court injunction on Arterial Highway 518. On March 28, 1978, the injunction was lifted. On April 10, 1978, Mr. Richard Plastino wrote District Engineer Robert Henely requesting a meeting with the 1. Iowa City staff, to further discuss these items. A meeting date was scheduled for May 25, 1978 but was cancelled due to the need for more time to complete staff studies of these items. During the early part of May, we learned that the Iowa City City Council had voted to include this project in the Iowa City Comprehensive Plan as a two lane facility on a more westerly alignment. We have since been advised that, in early June, the Iowa City City Council approved a comprehensive plan which shows Arterial Highway 518 as a two-lane facility on the more westerly alignment. However, as a result of having now completed our staff studies, it has been determined that any bypass of Iowa City in the general corridor of Arterial Highway 518 must be a four -lane facility. With the high volumes of traffic on the bypass, it would be inadvisable to construct a two-lane facility interchanging with two major interstate highways on the north and the adjoining four -lane highway on the south. 1. 141CROEILME0 BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES COMM ISSIONrns M nuSNEn IMIIRARA DUNN DONALD K OARONER WILLIAM F MCORATH R00ERT R RIGLER L STANLEY SCHOELEnMAN ALLAN THOMS Dub q, 11 X10.1 s�1e. 04y OR Mmn11 CA&I R1M1, Mnlr4,e New ILm ton n SRencel / 3 7.3 141CROEILME0 BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 141CROrILMED BY JORM 141CROLAB July 19, 1978 Page Two CEDAR RAPIDS AND DLS HUINL.,, A study of the more westerly alignment was completed to determine the benefits of such an alignment. This study indicated that there are no appreciable benefits in terms of environmental impacts, construction and development costs, traffic service, engineering considerations, construction scheduling, etc. Consequently, the Department has decided to proceed with Arterial Highway 518 as shown in the Final Environmental Impact Statement, as previously approved by the Federal Highway Administration. The review of proposed interchanges shown in the Final Environmental Impact Statement identified that they are all necessary for adequate traffic service from the Department's viewpoint, including the interchange at Melrose. This is based on providing adequate traffic service and access. I trust this adequately explains the Department's analysis and position on the Arterial Highway 518 bypass of Iowa City. If you have any further questions regarding this, please feel free to contact me (phone: 515-296-1660). Sinc el , C. I. MacGillivray Director Planning 6 Research Division yd cc: R. L. Kassel, Iowa DOT D. E. McLean, Iowa DOT George Calvert, Iowa DOT Robert Henely, Iowa DOT R. L. Humphrey, Iowa DOT Lee Benfield, Iowa DOT 0. J. Gode, Jr., Johnson County Engineer MICROFILMED BY JORM MICR+LAB CrOAR RPM • RFS MOINES .. . ....... . ll�l 1111 1401 ll'. MICROFILMED BY JURM MICROLAB CEDAR RAPIDS AND ULS NUINL:, .wi, (City of Bowra city 1 DATE: July 18, 1978 TO: Lorraine Saeger FROM: Dale McGarry RE: Comment to Accompany RFP Resolution The purpose of this Request for proposals is to seek qualified applicants to provide Broadband Telecommunications (Cable Television) service to the citizens of Iowa City, Iowa under a franchise. The RFP contains information and instructions relating to the preparation and filing of proposals; conditions and provisions regarding the installation, operation, and maintenance of a broadband telecommunications network; and the procedures to be used in evaluating proposals. The CATV Advisory staff is asking Council to approve the RFP and authorize it to be sent out. bv2/15 MICROFILMED BY { JORM MICR+LAB CFOAR RAPIDS • DES MOIRES /3 i MICROFILMED BY JURM MICROLAB CEDAR RAPIDS AND ULS NUINL:, .wi, (City of Bowra city 1 DATE: July 18, 1978 TO: Lorraine Saeger FROM: Dale McGarry RE: Comment to Accompany RFP Resolution The purpose of this Request for proposals is to seek qualified applicants to provide Broadband Telecommunications (Cable Television) service to the citizens of Iowa City, Iowa under a franchise. The RFP contains information and instructions relating to the preparation and filing of proposals; conditions and provisions regarding the installation, operation, and maintenance of a broadband telecommunications network; and the procedures to be used in evaluating proposals. The CATV Advisory staff is asking Council to approve the RFP and authorize it to be sent out. bv2/15 MICROFILMED BY { JORM MICR+LAB CFOAR RAPIDS • DES MOIRES /3 MICROFILMED BY JDRM MICRDLAB CEDAR RAPIDS AND DES MDINE:,, iuvim i IQICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES Mu11L�, iun„ i RESOLUTION W. 78-333 A RFSOLUTIC)N ADOP M A "RE)WEST FOR PROPOSALS" (RFp) To INVITE IW RESPID PERSONS TO SUBMIT FORhIAL APPLICATIONS FOR OBTAINING A FRANCHISE r FROM THE CITY OF IOIVA CITY, IOWA. VMEREAS, the City Council in Resolution No. 78-139 directed that the City Manager prepare or cause to have prepared a "Request For Proposals" (RFP) which shall be an invitation to submit formal applications by those interested in obtaining a franchise from the City, and t IVBEREAS, the City Manager has submitted such a draft which is attached to this Resolution as exhibit A, and by this referance made a part hereof, r and IVHFREAS, the City Council has conducted a public hearing on the draft and deems its adoption in the public interest. Wly, 1g1E 3FORE, BE IT SO RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that the attached "Request For Proposals" be adopted. FURTHER, that the City Manager and the City Attorney be directed to i� solicit proposals in response to the request as approved. It was moved by Balmer and seconded by deProsse ti that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Deprosse X Pidahl x Neuhauser i x Perret X Roberts x Vevera Passed and approved this 25th day of July , 1978. 9 � V' ✓' �'eI-6 ' VL • V ,GIJF�i�i Mayor Attest: �Ra City Clerk i fi�C'EfVFD 6 LPPROYM 5Y TEE LLCLL DFSARTM 1375 IdICRUFILMEO BY JORM MICR+LAB ,! cEOAR RAPIDS • UES MOINES kjjLRUF1LMLD BY JORM MICROLAB CEDAR RAPIUS AND UES i•IGIII't' iun CITY OF IOWA CITY, IOWA Request for Proposals to provide Broadband Telecommunications Services to the City of Iowa City, Iowa Instructions to Applicants ,,F Yvile a A I, MICROFILMED BY JORM MICR#LA6 CF.OAR PANES • DES MOINES /37s, �i )n' 49, i' I, I m 1 , I i i i , i kjjLRUF1LMLD BY JORM MICROLAB CEDAR RAPIUS AND UES i•IGIII't' iun CITY OF IOWA CITY, IOWA Request for Proposals to provide Broadband Telecommunications Services to the City of Iowa City, Iowa Instructions to Applicants ,,F Yvile a A I, MICROFILMED BY JORM MICR#LA6 CF.OAR PANES • DES MOINES /37s, V h1ILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DLS MUI:iL',. �w REQUEST FOR BROADBAND TELECOWMICATIONS PROPOSALS The purpose of this Request for Proposals is to seek qualified appli— cants to provide Broadband Telecommunications (cable television) service to the citizens of Iowa City, Iowa, under a franchise with the city. This RFP contains information and instructions relating to the preparation and filing of proposals; conditions and provisions regarding the installation, opera— tion, and maintenance of a broadband telecommunications network; and the procedures to be used in evaluating proposals. References Unless otherwise noted, sectional references contained in these instruc— tions refer to sections or subsections of the Iowa City Broadband Telecommu— nications franchise Enabling Ordinance as adopted by the City. References to Forms in these instructions refer to the official application forms supplied by the City to be used in preparing applications to provide broadband cele— communications services. Filing of Proposals Twenty (20) copies of each applicants proposal shall be submitted in sealed envelopes with the caption: • "Broadband Telecommunications Proposal" addressed to: office of the City Clerk City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 MICRor ILME0 BY 1 JORM MICR+LAB CrORR RAPIDS • nes II0Mr.S h4i0WHLML0 BY JORM MICROLAB 2 CLUAR RAPIJS ANU ULS :1uJ���, :�• Simultaneously, each applicant shall submit to the Office of the City Clerk a nonrefundable filing fee in the amount of $1,000 (cashier's check) (Subsection 14-69(1)) and a proposal bond in the amount of $25,000 in a form acceptable to the City Manager or a certified check in the amount of $25,000 (Subsection 14-75(1)]. Certified checks shall be payable to the City of Iowa City. Proposals may be filed in person or by mail and will be accepted at the office of the City Clerk until 2:00 p.m., Friday, September 29, 1978. The City reserves the right to extend the deadline, if necessary. Form of Pr000sals ?LEASE NOTE: All Proposals must be on the official forms oro — vided by the City of Iowa City, Iowa These forms have been designed to furnish all the pertinent data that will be used by the city in making its evaluation. Adequate space has been provided for specific and succinct answers to all questions and requests for data. All applicants must use only the pages on the official application forms (or identical extension of these pages if, for example, more room is needed to list equipment or provide manufacturer's specification). Alterna— tive proposal forms are neither desired nor will they be considered. Any at— tempt to merely use the official forms as an "index" to voluminous "boiler— plate" will automatically disqualify the application from consideration. The official forms have been designed to facilitate comparison of proposals. Evasive, imprecise, or incomplete responses can only served to the disadvan— tage of the applicant. The City of Iowa City reserves the right to reject any and all applications. Amendments to Proposals Substantive amendments to proposals will not be considered except to acknowledge involuntary changes such as a change in ownership due to death. MICRUILMED By JORM MICR+LAB CDDAP PAP@S • DP.S MOMIS r MILRUFILMED BY JORM MICROLAB 7 CEDAR RAPIUS AND ULS 'IUI:IL�, Correction of inadvertent errors submitted prior to the filing deadline will be considered. Correction of errors submitted after the filing date may be considered at the discretion of the city or its consultant, if the applicant submits with its correction sufficient information to prove that the error is inadvertent. additional information or data may be requested by the city or its consultant if in their Judgment this would aid in preparing a fair and accurate analysis. Clarification of proposal Requirements In the event that any applicant may have any doubt as to any terms, con- ditions, or provisions, of these specifications or the meaning or interpreta- tion thereof, the applicant may request information or clarification thereon by submitting such request in writing to: • Mr. Dale McGarry Office of the City Manager Civic Center 410 East Washington Street Iowa City, Iowa 52240 Such requests for information must be submitted no later than September 11, 1978. Mr. McCarry will respond in writing to such request as promptly as possible. Such response shall be sent to only known applicants who have been supplied applications. No other interpretation by any other person, whether oral or in written form, shall be binding upon the city. The applicant, by submitting his application, shall have evidenced the fact that he agrees that he has no unanswered questions with respect to these specifications, and shall have no basis for withdrawal or modification of his proposal on the basis of misunderstanding. ,. 141CROFILMED BY JORM MICR#LAB ! CEDAR RAPIDS • DE.S MOINES 1116M IUMED BY JORM 141CROLAB 4 CEDAR RAPIDS AND UL5 hiU: iL r^ Broadband Telecommunications Franchise Enabling Ordinance The City Council of Iowa City has adopted the Broadband Telecommunica- tions Franchise Enabling Ordinance which provides for the award of a fifteen (15) year nonexclusive franchise to construct, operate and maintain a broad- band telecommunications network within the City of Iowa City, Iowa, and sets forth conditions accompanying the grant of a franchise. These instructions contain summaries of certain requirements and desired services contained La the ordinance as well as additional information deemed of particular impor- tance to applicants in preparing their proposals. Nevertheless, each appli- cant should carefully review all requirements contained in the ordinance. The applicant, by submitting a proposal in response to this request for pro- posals, shall have evidenced the fact that he will enter into a franchise agreement with the city and provide broadband telecommunication services to subscribers and users within the city in accordance with all ordinance re- quirements as well as any and all additional conditions, standards and promises for service contained in its application. Any condition, standard or service proposed in excess of those expressly required by the city's ordinance shall be regarded as freely and voluntarily offered by and binding upon the applicant. Selection Procedures Pursuant to the Code of Iowa, Section 364.2(4), 1977, no franchise ordi- nance granting rights to provide broadband telecommunications (cable televi- sion) service within the city shall become effective unless approved by a majority of those voting in an election. Further, all franchise applicants appearing on the ballot shall share all costs incurred in holding the election including the costs of the required public notice of the election. Accordingly, the City of Iowa City will hold a public referendum tenta- tively scheduled for November 28, 1978 to permit voters to voice their opinions K•" �kti -�" ICROFILMED BY :1 JORM MICR+LAE CEDAR RAPIDS • OEs Iomrs 141LROFILMLO BY JORM MICROLAB 5 LEDAR RAPLJS AND uLS 11U;Ihu, regarding franchise applications received by the city. Prior to the election, the City Council will review and evaluate each applicant's legal, character, financial and technical qualifications and the adequacy and feasibility of each applicants' technical design and construction arrangements. The City Council will also conduct one or more public hearings affording the public the opportunity to ask questions of each applicant. Following its evaluation and the public hearing(s), but prior to the election, the City Council shall :I advise the voters of its recommendations regarding the applicants. Following the election, the City Council will make its final decision regarding the award of a broadband telecommunications franchise. However, ., the City Council reserves the right not to award any franchise if it fails i to find an acceptable applicant among those approved by a majority of voters participating in the election. Payments to the City In addition to the $1,000 filing fee and the shared payment to the city by each applicant to cover all costs incurred in holding the franchise refer- endum as required by the Code of Iowa, the Iowa City Broadband Telecommunica- tions Franchise Enabling Ordinance provides that the selected grantee shall: Reimburse to the city the costs of publication of the Broadband Telecommunications Franchise Enabling Ordinance [Subsection 14- 70(1)(d)1; Reimburse to the city the cost of publication of the franchise ordtnnnce as required by law [Section 14-911; Provide an initial payment to the city in an amount equal to the direct costs of granting the franchise including but not limited to consulting fees, which shall be due and payable concurrently with the grantee's acceptance of the franchise, to offset the city's costs in the franchise award process [Subsection 14-73(2)1; and 1 I4]CRDFILI7ED BY .� JORM MICR+LA6 ' f,FDAR RAPIDS - DES F101NU M(QlOH U,ILU BY JORM MICROLAB LLUAR RAPIUS AND UL, ;'IUa LJ, J+"` 6 • Pay the city an annual fee in an amount equal to three per cent (3w) of the "annual gross revenues" as defined by the ordinance. This payment shall be in addition to any other payment owed to the City by the grantee and shall not be constructed as payment in lieu of municipal property taxes or ocher Stare, County, or local taxes (Section 14-61 and Subsection 14-73(3))• In order to eliminate payments to the city from becoming a bid item, the city will not consider any franchise fee or lump -sum payment other than that specified in the ordinance. Service Area and Construction Schedule Upon completion of the Broadband Telecommunications :ietvork, basic ser- . vice shall be available to one hundred percent (100.) of the dwelling units within the city to which access is Legally available. Section 14-79 of the enabling ordinance provides a minimum construction schedule summarized as follows: • Grantee shall within 90 days of the effective date of the franchise, file all applications and papers necessary to comply with the ordinance including an application for an FCC Certificate of Compliance and shall diligently pursue such applications. • Grantee shall have initiated construction of the network within one, hundred eighty (180) days following FCC certi- fication. • Within twelve (12) months following FCC certification, grantee shall have installed sufficient distribution facilities so as to permic service to at least twenty- five percent (25:) of the dwelling units within the city. • Within twenty-four (24) months following FCC certification, grantee shall have installed sufficient distribution facil- ities so as to permit service to at least ninety percent (90S) of the dwelling units within the city. • Within thirty-six (36) months following FCC certification, grantee shall have installed sufficient distribution facil- ities so as co permit service to one hundred percent (100%) of the dwelling units within the city to which access is legally available. { MICROFILMEO BY ,,� JORM MICR+LAB CEDAR RAPIDS . DES MOINES .. i F1!LROFILMLU BY JORM MICROLAB 7 GEOAR RAPIDS AND OLS Iiv;hu J 1, In the event that FCC certification or authorization is no longer re- quired at the time the franchise is granted, the above required construction schedule shall be measured from the effective date of the franchise. The City Council may at its discretion extend the construction timetable require- ments for reasons beyond the control of the grantee as provided in Subsection 14-79(6). Because the city deems it La the public interest that the network be completed as rapidly as possible, favorable consideration will be given to any applicant who proposes a realistic construction timetable that exceeds that specified in the ordinance. Network Description The Iowa City ordinance Section 14-80, provides as follows: • (1) Svstem Bandwidth Capability. The Grantee shall install a cable network according to the following specifications: Initial system designed to a capacity equivalent to a minimum of thirty- five (35) forward 6 :Mz channels, 20 MHz for FH and four (4) re- turn 6 11Hz channels. Capacity shall be increased as demand for additional channel utilization exceeds this minimum. The Gran- tee at its option may provide for this increased capacity at the time of construction. 'Whenever a reverse or feedback circuit is routed from a subscri- ber's premises, it shall be connected so as to permit subscriber notification and subscriber controlled deactivation. As total bi-directional capacity is of a great deal of interest to the city, applicants for a franchise hereunder may propose greater channel capacities and more sophisticated two-way capa- bilities than the minimums set forth herein. However, such pro- posal shall describe the particular community needs to be served thereby and shall detail, as part of the financial projection and support required in Section 19-69(2) (Forms G and E) the associ- ated costs and revenues. • (2) Svstem Configuration. The Grantee shall design and construct the network in a "hub configuration" in such a way as to provide maximum flexibility, and to service the University of Iowa and other areas. • (3) Grantee shall submit proposals to accomodate originator and experimental needs from the following locations as may be desig- nated by the city: 141CROFILMED BY rl JORM MICR+LAB C•FOAR RARIIIS I1f5 MO19CS 14ILROH LiMEU BY JORM MILROLAB G LEDAR RAPfUS ANU ULU ;11j:;u.:, (a) The University of Iowa, Iowa City; (b) City and County Buildings, three locations, one being the Council Chambers; (c) Specified public, parochial and nonprofit private schools; (d) The public library; (e) The main office of the Board of Education; and (f) Public Access Center. (4) The system shall be designed and constructed in such a manner to prevent or deter invastion of privacy. Educational and Government Connection to the Broadband Telecommunications Network The Iowa City Ordinance, Section 14-77, provides as follows: The Grantee shall provide upon request within the city one connection .a and monthly service for "basic service" to such public, parochial and nonprofit private schools, the University of Iowa, City and other government buildings and other agencies, provided that such designated locations are within three hundred (300) feet of any network cable route. Initial installation shall he without charge. The rates for monthly service shall be designated by the Grantee in its proposal. Rates for monthly service to residential or living units within such entities may be negotiated with each such entity. The Grantee may charge for any excess footage on the basis of time and material for any such locations beyond the three hundred (300) foot limitation if such connection is designated by the city. The city reserves the right for itself and the above entities at their individunl expense, to extend service to as many areas within such schools, buildings and agencies as it deems desirable without payment of any additional installation fee or monthly fee to Grantee. All such extensions, however, shall be accomplished in such a way so as not to interfere with the operation of the Broadband Telecommunications Network. Channels to be Provided The Iowa City Ordinance, Section 14-83, provides as follows: (1) Public Access Channel. The Crantee shall provide at least one dedicated, noncommercial public access channel, associated production equipment and necessary staff production assistance to be made available for the first five (S) minutes of live production to the public at no charge on a come -first served nondiscriminatory basis. Hours of availability for use of such channel shall he specified in the application for franchise. The Grantee shall regularly make information available to the public on the availability of the access channels with their monthly billing. The Grantee shall, in cooperation with the Commission, draft rules for the utilization of access channels. Such rules shall be placed on file with the City Clerk. Except as specified by the FCC, the operator shall not censor any pro- gram on the access channel. L MICROFILMED BY JORM MICR+LAB CFOAP PAPIOS - us MOINES f-jj6 OF1LMLD 8Y JORM MICROLAB 9 CEDAR RAPIDS AND U0 J-1 • (2) Education and Government Access Channels. The Grantee shall in addition to Subsection (1) above provide at least one (1) additional channel, for educational use and for governmental use. There shall be no charge made to users of these channels by the Grantee, unless this practice is specifically prohibited by FCC Regulations. Any required charges shall be in accordance with the schedule of charges filed and maintained with the City Clerk and approved by the City Council. The Grantee, in cooperation with with the Commission, shall draft rules governing use of the chan— nels. Such rules shall be placed on file with the City Clerk. • (3) Universitv of Iowa Channels. The Grantee shall provide at Least one dedicated channel for the exclusive use of the Univer— sity of Iowa at the University's discretion. Use of this chan— nel will be either (a) at no charge, and operated under rules for educational access or (b) operated under a leased channel agreement negotiated with the Grantee. • (4) Additional Channels. Whenever any of the channels as set forth in Subsections one (1), two (2) or three (3) are in use during 80 percent of the weekdays (Monday through Friday) for 'I 80 percent of the time during any consecutive three hour period for six consecutive weeks, the Grantee shall make an additional channel available for the same purpose. • (5) Production Costs on Access Channels. The Grantee shall tot be responsible for the production costs of programs prepared for transmission (other than for brief live studio presentations not exceedng five (5) minutes) over the channels as set forth in Sub— i section (1) above other than as the Grantee may elect to do so. A schedule of rates for production and origination charges shall be filed with the City Clerk. Such rates shall reflect actual costs incurred by Grantee. However, there shall be no charges or fees for playback of pre—recorded material on the public ac— cess channel. • (6) Leased Access Channel. The Grantee shall maintain at least one specifically designated channel for leased access uses. In addition, other portions of its noubroadcast bandwidth, includ— ing unused portions of the specially designated channels, shall - be available fot leased uses. On at least one of the leased channels, priority shall be given to part—time users. • (7) Local Origination Channel. The Grantee shall provide at least one channel fully devoted to local origination programming. The Grantee shall, in determining the use of this channel, con— sider any recommendations of the commission and general public. • (8) Time and Weather Programming. The Grantee shall provide time and weather programming. I4ICROF ILIIE0 BY rl JORM MICR+LAB CPAR RAM O5 • OES MOINES i MII,RUF1Li4LU BY JORM MICROLAB 10 CLUAR RAPIUb AND Ab !UuNL, • (9) Television Broadcast Signal Carriage. The Grantee shall carr those television broadcast signals which are in accordance with Part 76, Section 76.63 of the FCC Rules and Regulations. The pro- vision of additional television broadcast signals as provided for in Part 76, Section 76.63(x) shall also be required. The City 1s also interested in at least one additional television station broadcasting predominately in a non-English langauge. • (10) FM Signal Carriage. In addition to the television signals set forth in Subsection (9) above, the Grantee shall carry as a minimum the FH stations whose normal broadcast ranges fall within the City limits and all carrier current stations originating within Johnson County. If the Grantee elects to carry any AM station, all AM stations liscensed to Iowa City must therefore be carried. In addition, the Grantee shall provide for inclusion of a leased audio channel services according to their adopted rate schedule. • (11) Basic Service. Channels to be included on the first 12 channels nor requiring a converter or other such equipment shall include: all television signals described in subsections one (1), two (2), three (3), seven (7) and nine (9) of this section. As the maximized use of the total channel capacity is of a great deal of interest to the City, applicants for a franchise here- under may submit proposals to utilize channels beyond the basic twelve (12). Such a proposal may include the use of converters at no additional charge to subscribers. • (12) Emer¢encv Alert Override. The Grantee shall incorporate into its facilities the capability for an emergency override audio alert whereby a designee of the City, in times of crisis, may introduce an audio message on all Broadband Telecommunica- tions Network appropriate channels simultaneously. The Grantee shall provide, in a location to be designated by the City, all equipment necessary for use of the emergency alert system. Section 14-67 provides, in part, as follows: • (3) Studios. Office and Phone for Complaints. The Grantee shall maintain an office, production studio, and public access produc- tion facilities within the City limits which shall be open during all normal business hours, have a Listed local telephone number, and be so operated that complaints and requests for repairs or adjustments may be received at any time. • (4) Ouerations. The Granted shall make available and maintain at least, one (1) fixed color studio facility, portable production equipment and post production equipment for utilization by access users. to addition Grantee will provide training of potential users for the use of such equipment. The Grantee may make a fair and reasonable charge for use of these facilities and equipment not to exceed a rate schedule filed with and approval by the City Council. As maximum use of public access is of a great deal of 141CROFILMED DY JORM MICR+LAB CEDAR RAPIDS • PES MOVIES rj1LR01ILME0 BY JORM MICROLAB 11 CEDAR RAPWW AND DLS ;ICLIiL� interest to the City, application for franchise hereunder are encouraged co propose a plan by which equipment and facilities are dedicated to public access use at no charge to users. Additional Desired Features The Iowa City Ordinance, Subsection 14-69(3), provides as follows: • Special Interests. Whereas the City is interested in maximizing the potential of the Broadband Telecommunications Network (BTN) comparative evaluations of applications will reflect the City's special interest in the following areas: (a) Programming and Production Assistance. A proposal for fund- ing, facilities, equipment or personnel beyond those required elsewhere to be designated to effect and promote local program- ming development. It is understood that the foregoing will be available without charge to all on a fair and nondiscriminatory basis. (b) Discrete Carriage Cavacitv. A proposal for the origination, experimental uses and/or interconnection by or of agencies speci- fied in the ordinance Section 14-80 for specialized needs, and a plan accommodating such future needs as may arise. (c) Bi-directional Capacity. A proposal for effectuating the BTN's bi-directional capacity. (d) Multiple Origination. A proposal for system construction in such a way that it is possible to allow occasional simultan- eous cablecasting of different programs on the same channel to different parts of the City. (e) Universicv of Iowa. A proposal for interconnecting the City's BTN with a University of Iowa cable network as specified by the University so that residents of the City will benefit from the University's resources. (f) Converters. A proposal for inclusion of converters as part of the basic service. Additional Access Production Facilities The City has deemed that local programming is of particular importance to the community and believes that the development and utilization of access channels will best be promoted by the provision of multiple opportunities for access program production. Therefore, in addition to the public access chan- nel, facilities and production assistance required by Section 14-67 and MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS . DES MOINES 1-jiLROFILMEU BY JORM MICROLAB 12 CEUAk RAPIDS AND UES t'lUINL�, -UWP. Section 14-83 as well as Subsection 14-67(4) and Subsection 14-69(3)(a) which encourages applicants to propose more extensive program production assistance and equipment at no cost to users, the city is interested in proposals which indicate the applicants willingness to provide additional production equip- ment, staff and/or funding in Support of a second access facility to be avail- able to all access channel users. Should franchisee's primary studios, including access facilities, not be in the downtown Iowa City area, this second access facility would be located in the downtown area or other suitable location designated by the City and be established concurrent with the commencement of the BTN's operations as defined in the Broadband Telecommuni- cations Franchise Enabling Ordinance. The City contemplates housing this access facility in the proposed new public library when it becomes available. The extent to which the applicant is willing to support a second access pro- duction facility in Iowa City should be indicated on Form L, p. S. University of Iowa Although the University of Iowa is located, in part, within the corporate limits of Iowa City, no franchise rights granted by the city will be appli- cable to the University of Iowa campus. Any rights to provide broadband telecommunications services to the campus must be negotiated separately with the university. It is expected, however, that the company selected to serve Iowa City will also be granted the right to serve the university provided satisfactory arrangements between the company and the university can be negotiated. The manner and extent to which applicants are willing to serve the university will be an important factor in the city's evaluation of franchise proposals. "Form 0: University of Iowa" has been provided to permit appli- cants to separately describe the rates and services to which they would agree in negotiations with the University of Iowa. Applicants are advised that the city may, at its discretion, require the selected applicant to enter into a satisfactory contract for service with the university prior to executing -4 - 141CROFILREO BY JORM MICR+LAB ' CFIIR RAPIDS • DIS MOINCS i 1-jiLROFILMEU BY JORM MICROLAB 12 CEUAk RAPIDS AND UES t'lUINL�, -UWP. Section 14-83 as well as Subsection 14-67(4) and Subsection 14-69(3)(a) which encourages applicants to propose more extensive program production assistance and equipment at no cost to users, the city is interested in proposals which indicate the applicants willingness to provide additional production equip- ment, staff and/or funding in Support of a second access facility to be avail- able to all access channel users. Should franchisee's primary studios, including access facilities, not be in the downtown Iowa City area, this second access facility would be located in the downtown area or other suitable location designated by the City and be established concurrent with the commencement of the BTN's operations as defined in the Broadband Telecommuni- cations Franchise Enabling Ordinance. The City contemplates housing this access facility in the proposed new public library when it becomes available. The extent to which the applicant is willing to support a second access pro- duction facility in Iowa City should be indicated on Form L, p. S. University of Iowa Although the University of Iowa is located, in part, within the corporate limits of Iowa City, no franchise rights granted by the city will be appli- cable to the University of Iowa campus. Any rights to provide broadband telecommunications services to the campus must be negotiated separately with the university. It is expected, however, that the company selected to serve Iowa City will also be granted the right to serve the university provided satisfactory arrangements between the company and the university can be negotiated. The manner and extent to which applicants are willing to serve the university will be an important factor in the city's evaluation of franchise proposals. "Form 0: University of Iowa" has been provided to permit appli- cants to separately describe the rates and services to which they would agree in negotiations with the University of Iowa. Applicants are advised that the city may, at its discretion, require the selected applicant to enter into a satisfactory contract for service with the university prior to executing -4 - 141CROFILREO BY JORM MICR+LAB ' CFIIR RAPIDS • DIS MOINCS 1;11CROFILrlcD BY JORM PIICROLAB 13 CLOAk RAPIDS AND uLS MUIIIL�, ,u " it franchise agreement with the city. The University of Iowa is interested in broadband telecommunications service to all dwelling units and selected classroom, support, and office buildings on the campus at least comparable to that which will be provided to subscribers in Iowa City. Service to the seven (7) permanent dormitory buildings (2562 units including dormitory rooms, offices, staff apartments and television viewing rooms) would be provided on a bulk rate basis for all basic services. Married student housing units (799 units located in eight (8) separate buildings and the mobile homes at Hawkeye Park) would be served either on a bulk rate or individual service basis subject to negotiations. Service to the University of Iowa Hospitals and Clinics (currently 650 rooms and five (5) major conference rooms) would be provided on a bulk rate basis for all basic units. All units are now prewired for master antenna service. However, with the exception of two dormitory buildings (859 total units) i i which are prewired for 30+ channels, two-way capacity, service to all on - campus units would require at least some rewiring or electronic equipment improvements in order to deliver full broadband services. Responsibility for such improvements and modifications would be subject to negotiation with the University willing to assume some or all of the associated costs depending upon the resultant rate structure. Therefore, applicants shall propose rates reflecting the following alternatives for improvements of prewired residential buildings: (1) University funded improvements and (2) Grantee funded improvements. In addition, the University desires the capacity to originate programming, initially from at least 15 specified origination points identified in Table III and indicated on the attached map of the campus. These fifteen points would be connected to a sixteenth origination point which would function as a campus K+- •tti^r IdltRorlLMED BY ' JORM MICR+LAB crOAR RAPIDS • DES F101nCS MILRUF1LMED BY JORM MICRULAB CEUAk RAPIDS AND ULS flU:hlL'�, iw. 14 subheadend and network switching point to transmit programming upstream to the central Iowa City headend for system wide distribution. It is hoped that as the uses of video grow on the campus additional points would be added to this origination capacity. It is also desired that the service to the campus be designed so as to permit insertion of programming for viewing on campus exclusively. Buildings to receive initial downstream service of one cable drop are listed in Table IV. Extension of service within these buildings will be at the University's expense and may be con- tracted to the Grantee. All cables on campus must be placed underground using existing conduits wherever possible. VI41CROFILMEO BY.,j JORM MICR+LAB i CEDAR RANDS - DES MOIRES j i MILRUF1LMED BY JORM MICRULAB CEUAk RAPIDS AND ULS flU:hlL'�, iw. 14 subheadend and network switching point to transmit programming upstream to the central Iowa City headend for system wide distribution. It is hoped that as the uses of video grow on the campus additional points would be added to this origination capacity. It is also desired that the service to the campus be designed so as to permit insertion of programming for viewing on campus exclusively. Buildings to receive initial downstream service of one cable drop are listed in Table IV. Extension of service within these buildings will be at the University's expense and may be con- tracted to the Grantee. All cables on campus must be placed underground using existing conduits wherever possible. VI41CROFILMEO BY.,j JORM MICR+LAB i CEDAR RANDS - DES MOIRES h1ILROFIL4ED BY JORM 141CROLAB W CEDAR RAPIDS AND OLS HWNLo, ,JW, Additional Features to be Considered in the Application Review Legal Qualifications Evidence must be presented assuring the city that the applicant complies with the FCC's applicable rules and regulations regarding ownership and control of regulated franchises and businesses. Character Qualifications Evidence shall be presented by applicant as to whether or not the appli- cant or any principal has ever been convicted in a criminal proceeding where felonies or misdemeanors were charged. Evidence shall be presented as to whether applicant or any principal has ever been a party to a civil proceeding in which it was held there was unfair or anticompetitive business practices, antitrust violations, violations of se- curities laws, and false/misleading advertising. Evidence shall be presented whether applicant has ever had a business license i (including FCC licenses) revoked. Financial Plan l Pro Forma An important feature of the application is an adequate demonstration of financial capability to perform in accordance with the ordinance and the appli- cant's proposal. Failure to provide the detailed pro forma data requested may be interpreted by the city as evidence that the applicant is not properly qualified to receive a grant of the franchise. The pro forma data submitted should include plans and terms for debt and equity participation, terms of local ownership participation (if any), financial goals as well as the financial projections and assumptions. Adequate documentation of the applicant's assumptions and processes must be provided so that a fair analysis can be made of the projections. Implementation Applicants should present evidence of financial resources that assures company's ability to complete the entire initial service area within the construction period specified in the application. K= `�• ROFILMED BY -- 1 JORM MICR+LAB cFDAR RAPIDS • ITS MOINFS PIILRUFILMED BY JORM 141CROLAB 1G LEDAR RAPIDS AND UES M0if7Lj, :Jv­ Race Schedule The races initially proposed by the applicant must be substantiated in the pro forma statements by use of realistic levels of penetration. The City Council reserves the right to regulate races for basic services, but pro— jected increases may be indicated in pro forma to keep up with inflation. Applicants should carefully review the provisions of Section 14-76 (Fees, Rates and Charges) and, in particular Subsection 14-76(7)(a) which prohibits grantee from applying for any rate increase for a twenty—four (24) month per— iod from the commencement of operation except for specified circumstances. System Design Design and Installation Preference will be given to the system design and installation plan that fully complies with the requirements of the ordinance and provides the flexi— bility needed to adjust to new developments, facilitates quality maintenance practices and provides a variety of marketable services that will be available to subscribers and the City of Iowa City initially and in the future. Services and Technical Standards Applicants proposing services and technical standards exceeding those required by the ordinance will be given added weight in the evaluation if those services and standards are guaranteed and are within the financial capability of the system as demonstrated on the pro forma statement. All proposals shall be within the guidelines of acceptability as defined by the FCC's description of extra service packages. Service to Subscribers Preference will be given to the applicant proposing to provide superior programming (broadcast and nonbroadcast), the most reasonable subscriber rates, 141CROFILMED BY JORM MICR+LAB CFDAR RAPIDS • DF.S MOINES I4ICROFILMED BY JORM 141CROLAB 17 CEDAR RAPIDS AND UES MU1NiJ, 'Un., the best maintenance plan, and the widest range of allied services to the sub— scriber. Tiered programming, if offered, must be factored into the revenue projections of the pro forma data. Demonstrated Experience in Ooeratina a CATV Svstem Preference will be given to applicants that can give evidence of pro— viding sufficient, satisfactory, and dependable services to other communities and have a management background that gives evidence of excellent construction practices, ability to meet schedules, good planning and marketing practices, a history of satisfied customers, and good community relations. Uniform Data Eepuirement All proposals are to be based on the same basic uniform data presented by the attached tables and maps. Iowa City data (Table I) is provided for the entire city excluding the University of Iowa campus as well as by eight areas established by the city for planning purposes. All pro forma statements, are to be derived from this same basic city data. All growth projections, in— cluding number of subscribers and number of dwelling units in the city shall be justified in detail as to the methodology used and the specific statistics affected. City data for 1978 as -jell as all data broken down by planning areas represent only the best estimates by the city. Alley miles as well as street miles are presented to provide a more complete basis for determining the con— struction requirements for the city. Applicants are cautioned; however, not to base their estimates of necessary strand miles of cable on the sum of the street miles and alley miles as this would obviously result in an excessive total. 141CROFILMED BY JORM MICR+LAE3 ! MAR RAPIM • nrs Id0nu i i I4ICROFILMED BY JORM 141CROLAB 17 CEDAR RAPIDS AND UES MU1NiJ, 'Un., the best maintenance plan, and the widest range of allied services to the sub— scriber. Tiered programming, if offered, must be factored into the revenue projections of the pro forma data. Demonstrated Experience in Ooeratina a CATV Svstem Preference will be given to applicants that can give evidence of pro— viding sufficient, satisfactory, and dependable services to other communities and have a management background that gives evidence of excellent construction practices, ability to meet schedules, good planning and marketing practices, a history of satisfied customers, and good community relations. Uniform Data Eepuirement All proposals are to be based on the same basic uniform data presented by the attached tables and maps. Iowa City data (Table I) is provided for the entire city excluding the University of Iowa campus as well as by eight areas established by the city for planning purposes. All pro forma statements, are to be derived from this same basic city data. All growth projections, in— cluding number of subscribers and number of dwelling units in the city shall be justified in detail as to the methodology used and the specific statistics affected. City data for 1978 as -jell as all data broken down by planning areas represent only the best estimates by the city. Alley miles as well as street miles are presented to provide a more complete basis for determining the con— struction requirements for the city. Applicants are cautioned; however, not to base their estimates of necessary strand miles of cable on the sum of the street miles and alley miles as this would obviously result in an excessive total. 141CROFILMED BY JORM MICR+LAE3 ! MAR RAPIM • nrs Id0nu I;IICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MU1NL�, lue," M Overall, the city estimates that approximately 11 percent of the city is now served exclusively by underground utilities (telephone and electric). In newly developing areas (II, III, IV and VIII), nearly 100 percent of new utility placements will be underground. In older areas of the city (I, V, vi, VII) utility placement is nearly 100 percent above ground. However, the City Council recently adopted an underground utility ordinance which requires all utility lines to be placed underground within a 14 square block area of the downtown district located in Area I. Utility companies are currently in i the process of complying with this ordinance. Separate University of Iowa data (Table II) is provided for the entire " campus as well as by individual dormitory and married housing buildings and i j the mobile homes at Hawkeye Park. The University data is to be used only in completing "Form 0: University of Iowa." As noted earlier, all cables on campus must be placed underground. MICROFILMED BY „j JORM MICR+LAB CFDAR RAPIDS • RES MOINES 141CROFIL14ED BY E iDORM MICR+LA13 CEDAR RAPIDS DCS MOINES 4 .r I;Ii L,;Wr iL:'Icu GY JURM MICROLAb RETAKE OF PRECEDING DOCUMENT 1> I I III 1 • LtUAi< kNVIJ`, Afro u�� `���,.,� •� JORM MICROLAB TARGET SERIES 9 so; MICROFILMED BY DORM MICR�LA6 MAP VS1194 • ')F,'d01'!CS MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES MILROFICILD BY JORM 141CROLAB LEOAR RAPIUS AND JLS AUI:iL�, ,Jell' I41CROFILMED BY .� 1 JORM MICR+LAB CEDAR P.APIOS • ON9 MOVIES TABLE II: UNIVERSITY OF IOWA UNIFORM DATA TO BE USED IN PREPARING PROPOSAL (FORM 0 ONLY) • Dormitories (Bulk Service) Building Dora Units Office Staff TV Viewing Total Apartments Rooms 1 312 1 1 2 316 2 268 1 l 1 271 3 207 0 0 1 208 4* 469 1 L L 472 5 226 0 0 1 227 6* 384 L 1 L 387 7 673 3 3 2 681 *These buildings have been prewired for 30+ channels, two-way capacity. All other dormitory buildings are prewired (coaxial cable) for limited capa- city, raster antenna service. j TOTAL DORMITORY UNITS: 2,562 I Married Student Housing** (Bulk or individual service as negotiated with University.) Complex Units Codex Units f Havkeye Drive Hawkeye Court 180 j Building 1 40 Building l 152 f € Building 2 40 Building 2 172 Building 3 72 Building 3 'i Building 4 40 i j Havkeye Park Park Lawn 53 Mobile Homes 50 Building L **Married student housing units are currently prewired for limited capacity :.aster antenna service. TOTAL MARRIED HOUSING UNITS: 799 TOTAL IfOSPITAL ROOMS: 650 TOTAL CAMPUS UNITS: 4,011 I41CROFILMED BY .� 1 JORM MICR+LAB CEDAR P.APIOS • ON9 MOVIES h11CRUFILMED BY JURM MICROLAB CEDAR RAPIDS AND UES h10171t:,, .uv.„ r TABLE III: UNIVERSITY OF IOIIA UNIFORM DATA TO BE USED IN PREPARING PROPOSAL (FORM 0 ONLY) Origination Locations The following list of proposed University of Iowa origination points reflects the University's current resources. As the campus and the use of video grows, it is expected that additional points will be added from time to time. i 'East Hall (Video Unit) Kinnick Stadium Field House Recreation Building Memorial Union j University Theatre Rancher Auditorium Clapp Recital hall Old Armory (Television Center) Main Library Health Sciences Library Lindquist I (Weeg Computer Center) Lindquist II (New Education Building) Jefferson Building (Office of Public Information) University Hospitals and Clinics Jessup Hall j i f i 1 i i 1 t 'Tentatively designated as campus subheadend. I 141CROFIL14ED BY .I JORM MICR+LAB CFDAR RAPIDS • DES MOINES I.11l:ROFILMED BY JORM MICROLAB CLDAR RAPIDS AND DL LluitlL ,u,. TABLE IV: UNIVERSITY OF f01YA INIFORJI DATA TO BE USED IN PREPARING PROPOSAL (FORA 0 ONLY) Academic, Office and Support Buildings The following list of University of Iowa academic, office and support buildings reflects the University's current needs. Additional locations will be added from time to time as the University designates them. Art Building Lindquist I (IYceg Computer Center) Basic Sciences Building Lindquist II (New Educ. Building) Calvin Hall University Library Chemistry -Botany Museum of Art Communications Center Music Building Children's Hospital Macbride Hall Dental Science Building Medical Laboratories Engineering Building MacLean Hall East Hall Nursing Building English -Philosophy Building North Hall Field (louse Old Armory General Hospital Physics Building Gilmore Hall Psychiatric Hospital Hancher Auditorium Pharmacy Building Hospital School Schaeffer Hall Health Sciences Building Wendell Johnson Speech F, Hearing Center Iowa Memorial Union Spence Laboratories of Psychology Jefferson Building Trowbridge Hall Jessup Hall University Theatre Law Center I. Bach location is to receive one drop as specified by the Iowa City Broadband Telecommunications Enabling Ordinance Sec. 14-77. Extension of the BTN within any building will be the responsibility of the University. - 141CROFILMED BY JORM MICR+LAB' CFOAR RAPIDS • D[S MOINES mlLkul ILMED BY JORM MILROLAB • CLUAk RAVIOS AHU uG IU:NL,, -jv"% EXHIBiT A" IdICROPILMEO BY 1 y� :JORM MICR+LAB ' Cf DAR RAPIDS • DES MOINES I h1.ILRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND UCS b1U hLa, u,„ LIST OF CONTENTS i i I r I No. of Pages I i : h1.ILRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND UCS b1U hLa, u,„ LIST OF CONTENTS MICROFILMED DY ..;' JORM MICR+LAB i . CCDAR RAPIDS • DFS M0111ES No. of Pages IDENTIFICATION OF APPLICANT 1 APPLICANT'S AFFIDAVIT 1 FORM A: Ownership Qualifications 2 FORM B: Character Qualifications 2 FORM C: Experience --Cable Holdings Owned by Applicant and Present Subscriber Rates 3 FORM D: Experience—Former Franchises 1 FORM E: Financial Resources, and Existing Capital Commitments 5 FORM F: Ownership and Control Information 4 FORM G: Financial Pro Forma 15 FORM H: Construction Schedule by Areas and by Cable Miles Per Year 2 FORM I: Channel Capacity and System Design 15 FORM J: Cable System Narrative 1 FORM K: Proposed Signal Carriage and Allocations 6 FORM L: Local Programming 6 FORM M: Proposed Rates 7 FORM N: Employment Practices 1 FORM 0: University of Iowa 8 MICROFILMED DY ..;' JORM MICR+LAB i . CCDAR RAPIDS • DFS M0111ES MIGROFILML D BY JORM MICROLAB • CEDAR RAPLUS AND OLS IUPILu, 'u'^` APPLICATION FOR BROADBAND TELECOMMUNICATION NETWORK FRANCHISE FOR THE CITY OF IOWA CITY, IOWA Due at the Office of City Clerk City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Closing Date 2:00 p.m., Sepember 29, 1978 Name of Applicant Address of Applicant (Street) (City, State, Zip Code) Telephone (Area Code and Number) Date Please give name and telephone number of principal to whom inquiries should be made: Name Telephone (Area Code and Number) Authorized Signature (Name and Title) Date 14ICROFIL14ED BY ,( JORM MICR+LAB CEDAR RAPIDS • DCS MOINES t:. MIGROFILML D BY JORM MICROLAB • CEDAR RAPLUS AND OLS IUPILu, 'u'^` APPLICATION FOR BROADBAND TELECOMMUNICATION NETWORK FRANCHISE FOR THE CITY OF IOWA CITY, IOWA Due at the Office of City Clerk City of Iowa City Civic Center 410 East Washington Street Iowa City, Iowa 52240 Closing Date 2:00 p.m., Sepember 29, 1978 Name of Applicant Address of Applicant (Street) (City, State, Zip Code) Telephone (Area Code and Number) Date Please give name and telephone number of principal to whom inquiries should be made: Name Telephone (Area Code and Number) Authorized Signature (Name and Title) Date 14ICROFIL14ED BY ,( JORM MICR+LAB CEDAR RAPIDS • DCS MOINES M1U2OFILKD BY JORM MICROLAb CEDAR RAPIUS AND uLS 1U7:tL,, .0 APPLICATION FOR BROADBAND TELECOMMUNICATIONS FRANCHISE Applicant's Affidavit This application is submitted in response to the Request for Proposal of the City of Iowa City, Iowa, by the undersigned who has been duly authorized to make the representations within on behalf of the applicant. Applicant recognizes that all representations are binding on it and that fail- ure to adhere to any such representations may, at the City's option, result in revocation of any franchise that may be granted, in consequence of this appli- cation. Consent is hereby given to the City of Iowa City to make inquiry into the legal, character, technical, financial and other qualifications by contacting any persons or organizations named herein as references, or by any other appro- priate means. Firm Name Affiant's Signature Official Position - Date Attest (Signature) (Corporate Secretary or Authorized Official) 141CROEIL14ED BY JORM MICR+LAB Cf DAR P.APIDS • DES MOINES Y i i i M1U2OFILKD BY JORM MICROLAb CEDAR RAPIUS AND uLS 1U7:tL,, .0 APPLICATION FOR BROADBAND TELECOMMUNICATIONS FRANCHISE Applicant's Affidavit This application is submitted in response to the Request for Proposal of the City of Iowa City, Iowa, by the undersigned who has been duly authorized to make the representations within on behalf of the applicant. Applicant recognizes that all representations are binding on it and that fail- ure to adhere to any such representations may, at the City's option, result in revocation of any franchise that may be granted, in consequence of this appli- cation. Consent is hereby given to the City of Iowa City to make inquiry into the legal, character, technical, financial and other qualifications by contacting any persons or organizations named herein as references, or by any other appro- priate means. Firm Name Affiant's Signature Official Position - Date Attest (Signature) (Corporate Secretary or Authorized Official) 141CROEIL14ED BY JORM MICR+LAB Cf DAR P.APIDS • DES MOINES Y MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MDIMES MIukW ILMLD BY JOkM MICHOLAB Form A CLUAH RAPW] AND ULA S1uIhL :' +•• OWNERSHIP QUALIFICATIONS Page 1 of 2 1. Does the applicant, or any person or business entity having any interest' in applicant, directly or indirectly own, operate, control, or have an inter- est in any of the following:2 a. A national broadcast television network (such as ABC, CBS, or NBC); or [ ] yes [ ] no b. A television broadcast station whose predicted Grade B contour, computed in Accordance with Sec- tion 76.684 of the FCC's rules, overlaps in whole or in part the service area of such system, or an applicant for a license to operate such a station; or [ ] yes I ] no C. A television translator station licensed to the community of such system; or I 1 yes [ ] no d. A telephone company in its own service area. [ J yes [ ] no I 2. If "yes" to any of the above, indicate below, with full identifying particu- lars, the nature and extent of such ownership operation, control or interest. Name of Applicant, Person or Entity: i I Nature of Interest: i Company in which Interest Held: Name of Applicant, Person or Entity: Nature of Interest: Company in which Interest Held: 1. For purposes of this form, "interest" includes, in the case of cor- porations, officers, directors, and shareholders owning 1 percent or more of the company's outstanding voting stock. 2. An affirmative response to Questions l.a. through l.d. may constitute disqualification of an applicant since Federal Communication Commission (FCC) cross -ownership rules may prohibit such an applicant from investing in cable systems (see 47 CFR a 63.45 and 1 76.501). tdICROEILIdEO BY JORM MICR#LAB ! CEDAR P.A"IDS DES 1401NCS MICROFILMED BY JORM MICROLAB Form A • CEDAR RAPIDS AND ULS I•IUINLu, !U1411 OWNERSHIP QUALIFICATIONS (continued) Page 2 of 2 3. Is the applicant a U. S. citizen? [ J yes [ ] no 4. Is the applicant a U. S. corporation? [ ] yes [ J no 5. Do any appointed or elected officials of Iowa City serving within the last two years or members of their families have any beneficial interest or ownership in the applicant company? ( ] yes [ ] no 6. If "yes" to the above, indicate the name of the official, the percentage of ownership and the entity owned. a. Name of Official: b. Percentage of Ownership: c. Name of Applicant or Principal: 7. Does the applicant, or any of its officers or director hold directly or indirectly any stock or beneficial ownership interest in any other company owning or operating: a. any radio station or television station whose signals will be carried on the cable system; [ ] yes [ J no b. any television broadcast network other than a network consisting entirely or substantially of CATV systems; ( ] yes [ J no c. any newspaper or magazine whose principal cir- culation market is the Iowa City metropolitan area? ( ] yes [ ] no 8. If "yes" to any of the responses above, describe details. MICROFILM BY .•� JORM MICR(PLAB CF.MR I?APIOS . OF.S I OIKS + MICROFIL1410 BY :+ JORM MICR+LAB4I CEDAR RAPIDS • DES MOINES h1ILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES b]UIIIL>, civ ­ Form B Page 1 of 2 CHARACTER QUALIFICATIONS 1. Has the applicant (including parent corporation if I I I h1ILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES b]UIIIL>, civ ­ Form B Page 1 of 2 CHARACTER QUALIFICATIONS 1. Has the applicant (including parent corporation if applicable) or any principall ever been convicted in a criminal proceeding (felonies or mis- demeanors) in which any of the following offenses were charged? a. Fraud [ J yes [ ] no b. Embezzlement [ ] yes [ J no c. Tax evasion ( ] yes ( ] no d. Bribery [ J yes [ J no e. Extortion [ ] yes ( J no f. Jury tampering [ ] yes [ ] no g. Obstruction of justice (or other misconduct affecting public or judicial officers' performance of their official duties) [ J yes[ ] no h. False/misleading advertising [ ] yes [ j no L. Perjury [ ] yes ( ) no J. Ancl-trust violations (state and federal) [ J yes ( ] no k. Violations of FCC regulations ( J yes [ ] no 1. Conspiracy to commit any of the foregoing offenses [ J yes ( ] no 2. If "yes," attach separate statement providing specifics such as date, court, sentence or fine, etc. 1. For purposes of this form, "principal" means any officer or director of applicant, and any person, firm, corporation, partnership, joint venture, or other entity, who or which owns or controls 3 percent or more of the voting stock (or any equivalent voting interest of a partnership or joint venture) of an applicant. I mor ILMED BY JORM MICR+LA6 i . CEDAR RAPIDS . DES MOMES fAICROFILMED BY JORM MICROLAB Form B • CEDAR RAPIDS AND OLS 1U It u, ,Uwr, CHARACTER QUALIFICATIONS (continued) Page 2 of 2 ' 3. Has the applicant or any principal ever been a party to a civil proceed— ing in which it was held liable for any of the following or is now a party to the proceeding? a. Unfair or anticompetitive business practices [ ] yes ( ] no i b. Violations of securities laws (state and federal) [ J yes [ ] no _ .. c. False/misleading advertising [ J yes [ J no d. Violations of FCC regulations [ J yes [ ] no 4. If "yes," attach statement providing specifics. I I I S. Has applicant or any principal ever had a business license (defined to include FCC licenses, alcoholic beverage and restaurant licenses, etc.) revoked, sus— pended or the renewal thereof denied or is a party to a proceeding that may result in same? [ ] yes ( j no I 6. If "yes," attach statement providing specifics. ti 141CROFILIAED BY .I ' JORM MICR+LAB Cf DAR RAPIDS • PFS MOifICs MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES I MIILROFILMED BY JORM MICROLAB • CEDAR RAPIUS AND UES MUINLJ, .Jin *For purposes of this form, "principal" means any officer or director of applicant, and any person, firm, corporation, subsidiary, Joint venture or other entity, who or which owns or controls 3 percent or more of the voting stock (or any equivalent voting Interest of a partnership or joint venture) of an applicant. MICROFILMED DY JORM MICR+LAB I 1 CEDAR RAPIDS • MCS MOVIES W M 0 BY APPLICANT AND PRESENT SUDSCRIDER RATES9 CABLE HOLDINGS OWNED LI which applicant or any principal* owns 3 percent or Please list all holdings (franchises and systems) pages are needed, please reproduce this form.) more of equity Interest. (If additional � Basic I nate Names and Addresses of Subscriber Approved Name Date of I of Local Government Officials I gate of Franchise Responsible for Cable Franchising System Award *For purposes of this form, "principal" means any officer or director of applicant, and any person, firm, corporation, subsidiary, Joint venture or other entity, who or which owns or controls 3 percent or more of the voting stock (or any equivalent voting Interest of a partnership or joint venture) of an applicant. MICROFILMED DY JORM MICR+LAB I 1 CEDAR RAPIDS • MCS MOVIES W MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUilU , iun,. EXPERIENCE--CAIILE SYSTF'HS OUNED BY APPLICANT Please list at least one, but no more than four, of the applicant's systems which the applicant would make available for inspection as evidence of the applicant's qualification and experience In cable television op- eratlon. Ideally, one system should still be under construction to demonstrate applicant's construction techniques; a second system should demonstrate applicant's experience In community service; a third should be an older system to demonstrate applicant's skill In maintaining high technical quality. Include any other system factors to demonstrate qualifications. (Include a copy of most recent proof of performance test for each system required by FCC rules (s. 76.601)). Items System Under System with Older Other Construction Community Service System System Name of Local Company Community Address Date of franchise award Date construction com- menced. If turnkey, name of construction company Percentage of construction -completed [late certificate of com- pliance granted No. of subscribers: a. at present ------------------------------------------------ b. within 5 yrs. (pro- jected) rILMED BY j JORM MICR+LAB CEDAR RAPIDS • DES 1401NES ro 0 n 141CROFILIIED BY ;1 JORM MICR+LAB ! CEDAR RAPIDS • DES MOIRES b w w m w 0 M w In A 1•IILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES MU!Iit;, rJWn Form E Page 1 of 5 FINANCIAL RESOURCES Please describe in detail the financing plan for the construction and operation of the proposed Iowa City Broadband Telecommunications Network system. Proof of financial capability shall include the following: 1. Source of financing: a. Who is committed to advancing short—term and long—term financing assuming applicant is awarded the franchise? i b. Name of banks and/or lending institutions: c. Name and title of officer in bank or lending institution who has authorized the financing for this project: 2. Terms of financing: a. Amount—short—term $ Period Amount--long—term $ Period b. Under what conditions is the financing to be made available? c. What interest rates? d. What pay back period? e. What collateral is involved? f. Who are guarantors? g. Are there related agreements made in connection with financing of this project? MICROFILMED BY 1 JORM MICR4LAB ; CEDAR RN`IOS • DES MOMES I y b. Name of banks and/or lending institutions: c. Name and title of officer in bank or lending institution who has authorized the financing for this project: 2. Terms of financing: a. Amount—short—term $ Period Amount--long—term $ Period b. Under what conditions is the financing to be made available? c. What interest rates? d. What pay back period? e. What collateral is involved? f. Who are guarantors? g. Are there related agreements made in connection with financing of this project? MICROFILMED BY 1 JORM MICR4LAB ; CEDAR RN`IOS • DES MOMES I•JILRUFILMED BY JORM MICROLAB LLDAk RAPIDS AND JLS !1U1:+L:. .'W" Form E Page 2 of 5 FINANCIAL RESOURCES (continued) h. Are there any limitations on the stock sale by individual holders for this project? Describe. 1. Are there any buy-out or buy-back stock provisions? Describe. J. Are there any assignments or intended assignments of stock voting rights? If so, describe. k. If applicant is (or includes) a multiple system operator, will it agree to countersign the franchise agreement if asked by the city? 1. Is applicant organized as an IRS Subchapter s corporation? If yes, how will the depreciation, profit and loss be spread to the stockholders? MICROFILM BY JORM MICR+LAB CCnAR RAPIDS • RCS 14014CS j i .a I I•JILRUFILMED BY JORM MICROLAB LLDAk RAPIDS AND JLS !1U1:+L:. .'W" Form E Page 2 of 5 FINANCIAL RESOURCES (continued) h. Are there any limitations on the stock sale by individual holders for this project? Describe. 1. Are there any buy-out or buy-back stock provisions? Describe. J. Are there any assignments or intended assignments of stock voting rights? If so, describe. k. If applicant is (or includes) a multiple system operator, will it agree to countersign the franchise agreement if asked by the city? 1. Is applicant organized as an IRS Subchapter s corporation? If yes, how will the depreciation, profit and loss be spread to the stockholders? MICROFILM BY JORM MICR+LAB CCnAR RAPIDS • RCS 14014CS MILROFILMED BY DORM 141CROLAB CEDAR RAPIDS AND DES MUINL�, .UV,, Form E Page 3 of 5 FINANCIAL RESOURCES (continued) 3. Documentation: Supply correspondence that assures applicant's financial viability, such as letters of commitment from financial institutions, which will demonstrate the availability of sufficient funds to complete the construc- tion of the Iowa City network. If applicant is a multiple system operator, give evidence of the portion of the company's line of credit that is presently uncommitted, and will be applied to the construction of the Iowa City network. If local stockholders are involved, list the cash equity contribution of j each plus financial commitment documentation. i i j If applicant is a division or subsidiary of an MSO, provide the proposed idebt instrument describing terms of payment. ,m i I i I i I i i �- IdICROFILMEO BY f� JORM MICR+LAB CEDAR RAPIDS • DES MOIRES 141CROFIL14ED BY r) JORM MICR+LAB MAR RAPIDS • PES MOVIES M 0 9 rn C. Lses Mete. w su m r 0 M N OFILMEO BY JORM MICR+LAB CFOAR RAPI05 • MS MOINES ro In w m �1 K�..���.. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • US MOINES 1410<OHUILU BY JORM MICROLAB CUM RADIUS ANU AE HU74-1, ,ua,' Form F Page 1 of 4 OWNERSHIP AND CONTROL INFORMATION (Reproduce additional forms if needed.) To be completed by all principals, officers and directors of applicant, and by beneficial owners of 3 percent or more of the stock or other ownership inter- est in applicant. Applicants include individuals, corporations, partnerships, joint ventures and unincorporated associations. Name (if individual) (if organization) Address (Number) (Street) (City) (State) (Zip) Nature of Interest: [ j Partner [ ) Stockholder [ j Officer [ j Corporate Director Profession or Occupation Name of Employer Address of Employer Number of shares of each class of stock or ownership interest (including stock options, stock subscriptions, and partnership options): Percentage of ownership of partnership, voting stock or equity interest: 141CROFILMED BY .� JORM MICR+LA9 CFMR RAPIDS OF.S MOINES i i 1 I 1410<OHUILU BY JORM MICROLAB CUM RADIUS ANU AE HU74-1, ,ua,' Form F Page 1 of 4 OWNERSHIP AND CONTROL INFORMATION (Reproduce additional forms if needed.) To be completed by all principals, officers and directors of applicant, and by beneficial owners of 3 percent or more of the stock or other ownership inter- est in applicant. Applicants include individuals, corporations, partnerships, joint ventures and unincorporated associations. Name (if individual) (if organization) Address (Number) (Street) (City) (State) (Zip) Nature of Interest: [ j Partner [ ) Stockholder [ j Officer [ j Corporate Director Profession or Occupation Name of Employer Address of Employer Number of shares of each class of stock or ownership interest (including stock options, stock subscriptions, and partnership options): Percentage of ownership of partnership, voting stock or equity interest: 141CROFILMED BY .� JORM MICR+LA9 CFMR RAPIDS OF.S MOINES i MILRUFILMED BY JORM MICROLAD • CEDAR RAPIDS AND UES NUINLj, U-1 Form F Page 2 of 4 OWNERSHIP AND CONTROL INFORMATION (continued) To be completed by each organization or corporation which filled out Page 1 of Form F (not individuals). List all principals, officers, corporate directors, and beneficial owners of 3 percent or more of your own stock or ownership interest. Name of Organization Address Name* (Number) (Street) (City) (State) (Zip) Address Capacity Ownership (Percent) *If any of the above names are names of organizations or corporations, complete a new Form F (page 1) for each until all ownership interest (individuals) are identified. 1,11CROFILMED By JORM MICR+LAB CFP(1R RAPIDS • PES MOINFS f4IL.ROFILMED BY JORM MICROLAB Form F • CEDAR RAPIDS AND uLS Iul;iL�, lieu. STOCK INFORMATION Page 3 of 4 Please answer the following concerning the corporation. 1. Is the applicant a publicly held corporation as defined by the rules and regulations of the Securities and Exchange Commission? ( 1 Yes [ 1 No 2. Stock of corporation: -..i Class of I Par I Vote Per INO. ShareslNo• ShareslNo. Sharesl Total NO. Stock I Value I Share IAuthorizedl Issued ISubacribedlStockholders I i 3. Does applicant have any other obligations or securities authorized or out- standing which bear voting rights either absolutely or upon any contingency? [ ) Yes [ 1 No If "yes," submit a statement of (a) the nature of such securities, (b) the _ face or par value, (c) the number of units authorized, (d) the number of units issued and outstanding, (e) the number of units, if any, proposed to be is- sued, and (f) the conditions of contingency upon which securities may be voted 4. Is applicant corporation directly or indirectly controlled by another cor- poration or legal entity? [ ) Yes [ 1 No If "yes," please explain. 141CROFILMED BY JORM MICR+LAB CFDAR RAPIDS . DES MOINES tjjCR0F1Li4ED BY JORM MICROLAB • CEDAR RAPIDS APIO UES IdUlki , 'Jill, Form F Page 4 of 4 RECENT FINANCIAL STATUS INFORMATION 1. If applicant is a corporation, attach audited financial statements for two (2) previous fiscal years. (Also attach financial statements of parent corporation for the two (2) previous fiscal years, if applicable.) IQICROFILMZD BY JORM MICROLAB CEOAk RAPIDS AND UES MUINL�, uar, FORM G: FINANCIAL PRO FORMA I MICROFILMED BY `•I JORM MICR+LAB I CEMR RAPIDS • DES MOINES 1 j i P.! i I i i i I i i i j IQICROFILMZD BY JORM MICROLAB CEOAk RAPIDS AND UES MUINL�, uar, FORM G: FINANCIAL PRO FORMA I MICROFILMED BY `•I JORM MICR+LAB I CEMR RAPIDS • DES MOINES 7 Id ICROFIL14ED 6Y ,) JORM MICR+LAB MAR RAPIDS • DCS I401O1S Y 141CROFILMED BY JORM MICR¢LAS CCDAP P.RPIOS • DCS MOINES MICk()FILMEO BY JORM MICROLAB • CEDAR RAPIDS AND OLS MUIIIL: , ulv, t. INCOME STATEMENT (in 000's) Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 Revenue Less operating Expenses* Equals Operating Income Less Interest Less Depreciation Equals Pretax Income* Less Income 'razes** Equals Net Income Plus Depreciation Equals Cosh Flow *Present, in brief narrative form, applicant's financial goals. Does applicant have any financial targets for ro operating income? Pretax laconic? Rate of return? What is basis for rate of return: Investment7 gate base? m Assets? Other?W **Please describe In brief narrative how income taxes are computed. Will federal income taxes be consolidated o with a parent company? If not, show treatment of loss carry—forwards and investment tax credits. ro G { IIICROFIL14ED BY „yI JORM MICR+LAB i 6EOAR IUIVIOS • US MOINES i MICRONUIED BY JORM MICR+LAB CEDAR RAPIDS • DES MOIIIES ITAL G I f-116 OF ILMED BY JURM MIGROLAB LEUAk RAPIDS AIIU ULS MU::IL i, un., ANTICIPATED CAPITAL EXPENDITURES (in 000'x) Pre- IYear IYear IYear IYear )Year IYear IYear IYear IYear JYear I 'TOTAL loperatingl 1 1 2 1 3 1 4 ) 5 1 6 1 7 1 8 1 9 1 10 1 *Equipment 1. Antenna(s) 6 Towers 0 c� I 2. Microwave 3. lleadend 4. Earth Station 5. Distribution: a. Aerial b. Underground c. Pole arrangement 6. Drops* 7. Converters* 8. Buildings 9. leasehold Improvements, Furniture, Fixtures 10. Orlginatlon Equipment 11. Land 12. Teat Equipment, Tools, Spare Parts 6 Inventory 13. Vehicles 14. Preoperating 15. Engineering 16. Pay Cable Converters (and related equipment) 17. Capitalized Overhead** 18. Capitalized Interest** TOTAL —I— *Equipment on customer's premises (including capitalized labor). **Discuss and describe the method(s) used In determining capitalized overhead applicable to Lhe system (attach additional shaet(s) if necessary). NOTE: Include projected replacement capltalizatlon where applicable. ? I(ICROPILIdED BY 1 JORM MICR+LAB CTOAR RAPIDS • nES MOVIES It m w M ut 0 M Er 0 c� I It m w M ut 0 M Er i IQ[LRUf[LMLD BY JORM MICROLAB CEDAR RAPLUS AND ULA Form G CAPITAL EXPENDITURE JUSTIFICATION SHEET Page 6 of 15 Base the following on the demographic information provided in the instruction to aplicants. Cable "A" refers to basic cable system. Cable "B" refers to additional cable used as "shadow" cable or for proposed use by institutions (see Form I, P-8)- 1. Distribution: i i Miles of a. Miles cable (strand miles): of aerial trunk (Cable A) b. Miles of aerial trunk (Cable B) c. Miles of aerial feeder (Cable A) M d. Miles of aerial feeder (Cable B)_ - e. Miles of underground trunk (Cable A) f. Miles of underground trunk (Cable B) g. Miles of underground feeder (Cable A) h. -Miles of underground feeder (Cable B) i. J. Other Total (specify) Miles of Cable (sum of a-i)� k. Miles of conduit required for underground construction 2. Turnkey construction: a. Will construction be undertaken by contractor? ( I yes L 1 no b. If "yes:" (1) Has turnkey contractor been selected? [ 1 yes [ J no (2) Who is turnkey contractor? 1. Describe how cable miles shown are derived from street -mile information supplied by city. (Cable miles are defined as strand miles for this purpose.) :11CROFILMEO BY ' I JORM MICR+LAB i fFpl1R RAPIOS OCS MOINES X if MILROPILMEO BY JORM MICR+LAB CPPAR RAPI05 - PES MOINES M rO� 6 n G C1 CEDAR RAPIDS AND ULS Page 8 of 15 ISTIFICATION SHEET Depreciation Life (years) Fixtures 6 Inventory i MICROFILMED OY JORM MICR+LAB Ct'DAR RAPIDS • DES MOIRES �'•rr 141CROEILMEO BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MICROPILREO BY ..1 JORM MICR+LAE f.PDAR PAPIDS • DES IIOINES I 141CROFILIIED BY DORM MICR+LAB CCPAR RARIPS • M MOINC5 MICROFILMCO BY JORM MICR+LA9 CrDAR RATIOS • U1 MOPIFS fjjuR0HLMEU BY JORM MICROLAB • CLUAR RAPIDS AND iiLS MUaiLi, aur,, EXPENSES--SUMARY (in 000's) Category IPreop- IeratinglYear I I I I I I I I ;;Year 21Year 31Year 41Year SlYear 61Year 71Year SlYear 91Year 101 TOTAL 1. Plant: N j oQ M m G a. Technical sal- i 0 i G` aries& benefits_____ ------- --- ------ ------ ------ ------ ------ ______ _______ ______ --------------------------------- -------------------- b. Other ------- ------ ------- ----- ---- ------- ------ --------------------- c. Subtotal c. 2. Origination; ccess: a. Program produc- tion salaries & ben- efits---- -------------- ------ ------ ------ ------ -- ------ ------- ------ -------------------- b. Other ------- ------ ------ ------ ------ ----- - ------ ------ ------- ------ -------------------- c. Subtotal 1. General, Selling & Administrative Ex- penses: a. Salaries & bene- fits------ -- ------ ------ ------ ------ ------ ------ ------ -------------------------------- ------------------ 1). Other ____ ______ ______ ______ _______ ______ c. Subtotal TOTAL _�: • :41CROFIL14ED BY JORM MICR+LAB CEDAP RAPT A • OES MORIES r. ro N j oQ M m G i 0 i G` i MICROFILMED BY JORM MICROLAS CEDAR RAPIDS AND UES HUINLJ, ,ur, SERVICES PURCHASED FROM PARENT ORGANIZATION (if applicable) M 0 n Services (Preop— I I I I I I I I I I r 41Year SlYear 61Year 71Year SlYear 91Year 101 TOTAL IeratinglYear llYear 21Year 31Yea 1. Programming 2. Legal 3. Accounting rOTAL P ao m F (NOTE: If the applicant owns more than one cable system, describe the basis to be need for allocating corporate overhead. For example, perhaps all overhead pool costs are allocated to systema on the basis of G u ratio of system subscribers to total company subscribers.) (Use additional sheets if necessary.) K- r� MICROFILMED BY 7� JORM MICR+I.AB crMR RAPIDS • DES MOINES MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DLS MUINLJ, wWn Form G I Page 15 of 15 DEBT—TO—EQUITY RATIO AND PROJECTED SOURCES OF CAPITAL MICROFILFIFD BY JORM MICR+LAB CF.MR P,APIOS • PFS MOINES r I j I I I i .. 1 I MICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DLS MUINLJ, wWn Form G I Page 15 of 15 DEBT—TO—EQUITY RATIO AND PROJECTED SOURCES OF CAPITAL MICROFILFIFD BY JORM MICR+LAB CF.MR P,APIOS • PFS MOINES r MICROMMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES I.LILROHOLO BY JORM NILROLAB LEUAR RADIUS ANU ULS HUi:ILJ, :ve r. Form H Page 1 of 2 CONSTRUCTION SCHEDULE BY AREAS Referencing the data provided by the city, show the proposed schedule of wiring by areas for Years 1, 2 and 3. Year Area Numbers 1 2 3 NOTE: Applicant should become familiar with the Iowa City requirements: Construction Timetable (Section 14-79] and Extension of Network (Section 14-78]. MICROFILMED BY '1 JORM MICR+LAB CEDAR P,APIDS • DES MO1DES i i i i i i i i i I I.LILROHOLO BY JORM NILROLAB LEUAR RADIUS ANU ULS HUi:ILJ, :ve r. Form H Page 1 of 2 CONSTRUCTION SCHEDULE BY AREAS Referencing the data provided by the city, show the proposed schedule of wiring by areas for Years 1, 2 and 3. Year Area Numbers 1 2 3 NOTE: Applicant should become familiar with the Iowa City requirements: Construction Timetable (Section 14-79] and Extension of Network (Section 14-78]. MICROFILMED BY '1 JORM MICR+LAB CEDAR P,APIDS • DES MO1DES CEDAR RAPIDS AND uES HUTNLI, ,UVIII Page 2 of 2 ;HEDULE BY YEARS and with totals developed in Form G, p. 6 type of cable plant: 1 Year 2 Year 3 dealing with safety, reliability and im- K�..._ - MICROFILMEO BY E JORM MICR+LAB CEDAR RAPIDS • DES MOINES mICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MU!:,L�, .uw, Form I Page 1 of 15 CHANNEL CAPACITY AND SYSTEM DESIGN 1. Proposed System Design: Miles of Plant a. Cable "A" (confirm to totals on Forms G, p. 6 and H, P. 11 b. Cable "B" c. other (explain) I I 1 2. System Map: i Each applicant shall provide and attach a map indicating locations of headend, tower and antenna, hubs, studio, microwave facilities and earth sta— tion(s). c I i I I I I 4� 111 CROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES IjICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUIILS, w Form I CHANNEL CAPACITY AND SYSTEM DESIGN (continued) 3. Provide headend block diagram showing all major components. Page 2 of 15 4. Describe headend electronic equipment to be installed for interactive capabilities including -computer hardware and software (list make and model number).* *It will be presumed chat equipment described or its equivalent will be used in actual construction. �r I41CROFILMED BY JORM MICR+LAO UPAR RAPIDS • PES MIDINES i i i i t I I i i IjICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUIILS, w Form I CHANNEL CAPACITY AND SYSTEM DESIGN (continued) 3. Provide headend block diagram showing all major components. Page 2 of 15 4. Describe headend electronic equipment to be installed for interactive capabilities including -computer hardware and software (list make and model number).* *It will be presumed chat equipment described or its equivalent will be used in actual construction. �r I41CROFILMED BY JORM MICR+LAO UPAR RAPIDS • PES MIDINES MICROFILMED BY j JORM MICR¢LAB CEDAR RAPIDS • DFS MOINES micROFIEIdED BY .�.� 1 JCRM MICR+LAB CFDRR RAPIDS • DES MOINES ...•. �+'+ 141CROFIL14CO BYJ JORM MICR+LAB �i CEOAR RAPIDS • DES MOIRES E 141CROFILMED BY JORM MICR+LAB - T CFDAR RAPIDS • DES MOINES f-A1CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUL'iu , ,U011 Form I CHANNEL CAPACITY TO AND FROM SUBSCRIBERS (CABLE "A") Page 7 of 15 1. Downstream: a. Frequency Spectrum -MHz b. Channel Capacity 2. Upstream: a. Frequency Spectrum - MHz b. Channel Capacity c. Will upstream be initially activated from all subscribers? [ J yes [ ] no 3. If "no," indicate when, under what circumstances and how future capacity will be provided. a. When? b. Under what circumstances? c. How? 141CROFILIIED BY JORM MICR+LAB I CEDAR RAPIDS • DES MOINES I I I . rr I, i t f-A1CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUL'iu , ,U011 Form I CHANNEL CAPACITY TO AND FROM SUBSCRIBERS (CABLE "A") Page 7 of 15 1. Downstream: a. Frequency Spectrum -MHz b. Channel Capacity 2. Upstream: a. Frequency Spectrum - MHz b. Channel Capacity c. Will upstream be initially activated from all subscribers? [ J yes [ ] no 3. If "no," indicate when, under what circumstances and how future capacity will be provided. a. When? b. Under what circumstances? c. How? 141CROFILIIED BY JORM MICR+LAB I CEDAR RAPIDS • DES MOINES 1,j!UR0FIL14ED BY JORM MICROLAB CEDAR RAPIDS AND ULS I•IUiNL�, ,u Form I Page 8 of 15 ADDITIONAL CHANNEL CAPACITY TO AND FROM INSTITUTIONS (CABLE "B") 1. Downstream: a. Frequency Spectrum "+[HZ b. Channel Capacity c. Will downstream be initially activated from headend? [ 1 yes [ ] no 2. If "no," indicate when, under what circumstances and how future capacity will be provided. a. When? b. Under what circumstances? MICROFILMED BY I ,+1 I JORM MICR+LAB CfOAI? RAPIDS • OFS MOIRES i i 1,j!UR0FIL14ED BY JORM MICROLAB CEDAR RAPIDS AND ULS I•IUiNL�, ,u Form I Page 8 of 15 ADDITIONAL CHANNEL CAPACITY TO AND FROM INSTITUTIONS (CABLE "B") 1. Downstream: a. Frequency Spectrum "+[HZ b. Channel Capacity c. Will downstream be initially activated from headend? [ 1 yes [ ] no 2. If "no," indicate when, under what circumstances and how future capacity will be provided. a. When? b. Under what circumstances? MICROFILMED BY I ,+1 I JORM MICR+LAB CfOAI? RAPIDS • OFS MOIRES ht1LROFILMED BY JORM MICROLAB CEDAR RAPIDS AND OES hlVitiL�, Form I Page 9 of 13 ADDITIONAL CHANNEL CAPACITY TO AND FROM INSTITUTIONS (CABLE "B") (continued) 3. Upstream: a. Frequency Spectrum _ MHy b. Channel Capacity c. Will upstream be initially activated from all institutions? [ ) yes [ j no 4. If "no," indicate when, under what circumstances and how future capacity will be provided. .m a. When? b. Under what circumstances? c. How? I41CROFIL14ED BY JORM MICR+LAB CEDAR NAP(OS • OES MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUIiIL.,, Form I Page 10 of 15 ADDITIONAL CHANNEL CAPACITY TO AND FROM INSTITUTIONS (CABLE "B") (continued) 5. List institutions proposed to be included in institutional network.' 6. How many miles of cable are proposed to be included in institutional j network? I. Institutional network refers to a cable linking schools, universities municipal offices, hospitals, libraries, and commercial establishments such as banks, office buildings, etc. T. MICROFIL14ED BY 1 JORM MICR+LAB CFMR RAPIDS • DES I10I14ES i I W I I i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUIiIL.,, Form I Page 10 of 15 ADDITIONAL CHANNEL CAPACITY TO AND FROM INSTITUTIONS (CABLE "B") (continued) 5. List institutions proposed to be included in institutional network.' 6. How many miles of cable are proposed to be included in institutional j network? I. Institutional network refers to a cable linking schools, universities municipal offices, hospitals, libraries, and commercial establishments such as banks, office buildings, etc. T. MICROFIL14ED BY 1 JORM MICR+LAB CFMR RAPIDS • DES I10I14ES Y MICROFILMED BY .� 1 DORM MICR¢LAB CFDAR RAPIDS - DB MOINES I MIIROFILi-IED BY JORM MICROLAB • CEDAR RAPIDS AND OLS :iU!;iL>, Form I Page 12 of 15 SYSTEM INTERCONNECTION (continued) b. Cable (continued) (2) List interconnection equipment (amplifiers, etc., giving make and model number.* (3) Frequency Spectrum (a) Downstream -MHz (b) Upstream -MHz (4) Initial Activation: (a) Downstream ( 1 yes [ ] no (b) Upstream [ ] yes [ ] no 2. Describe proposals for interconnection with other cable systems or insti- tutions, including the University of Iowa, and how interconnection is to be technically accomplished. Discuss plans to insure compatability with other systems. *It will be presumed that equipment described or its equivalent will be used in actual construction. 1 141CROFILMEO BY .i JORM MICR+LAB CrOAR RAPM0 • KS MOWS I i i 1 MIIROFILi-IED BY JORM MICROLAB • CEDAR RAPIDS AND OLS :iU!;iL>, Form I Page 12 of 15 SYSTEM INTERCONNECTION (continued) b. Cable (continued) (2) List interconnection equipment (amplifiers, etc., giving make and model number.* (3) Frequency Spectrum (a) Downstream -MHz (b) Upstream -MHz (4) Initial Activation: (a) Downstream ( 1 yes [ ] no (b) Upstream [ ] yes [ ] no 2. Describe proposals for interconnection with other cable systems or insti- tutions, including the University of Iowa, and how interconnection is to be technically accomplished. Discuss plans to insure compatability with other systems. *It will be presumed that equipment described or its equivalent will be used in actual construction. 1 141CROFILMEO BY .i JORM MICR+LAB CrOAR RAPM0 • KS MOWS MILRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND 'ULS ;'1U!NLj, Ivni, Form I Page 13 of 15 TECHNICAL STANDARDS 1. If the applicant proposes technical standards beyond the minimum required by the FCC, describe these in detail. If offered, the applicant further certifies and guarantees that these freely offered technical standards that exceed the minimum requirements of FCC are within the financial capability of the proposed system as demonstrated on the pro forma statements and will be delivered to the Iowa City, Iowa, network. Signed: 2. Discuss features of proposed construction standards dealing with safety and reliability. 141CROFILMED BY ,. JORM MICR#LAB f CEDAR RAPIDS • DES MOVIES i i i i MILRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND 'ULS ;'1U!NLj, Ivni, Form I Page 13 of 15 TECHNICAL STANDARDS 1. If the applicant proposes technical standards beyond the minimum required by the FCC, describe these in detail. If offered, the applicant further certifies and guarantees that these freely offered technical standards that exceed the minimum requirements of FCC are within the financial capability of the proposed system as demonstrated on the pro forma statements and will be delivered to the Iowa City, Iowa, network. Signed: 2. Discuss features of proposed construction standards dealing with safety and reliability. 141CROFILMED BY ,. JORM MICR#LAB f CEDAR RAPIDS • DES MOVIES h11CilDFILi4ED BY JDRM h11CROLAB CEDAR RAPIDS AND DLS �•iuiiiL�, Form I Page 14 of 15 PERFORMANCE TESTS The applicant shall describe procedures for testing, test equipment to be used, and number and general location of test points for each test. 1. The method and frequency of test equipment calibration shall be described: 2. The forms and method of recording field data and permanent recordkeeping shall be described: 3. Describe the details of initial proof of performance: 4. Details of the annual performance tests: IIICROPILMED BY JORM MICR+L_AB CCDAR RAPIDS • DES M0114ES i I / I j i h11CilDFILi4ED BY JDRM h11CROLAB CEDAR RAPIDS AND DLS �•iuiiiL�, Form I Page 14 of 15 PERFORMANCE TESTS The applicant shall describe procedures for testing, test equipment to be used, and number and general location of test points for each test. 1. The method and frequency of test equipment calibration shall be described: 2. The forms and method of recording field data and permanent recordkeeping shall be described: 3. Describe the details of initial proof of performance: 4. Details of the annual performance tests: IIICROPILMED BY JORM MICR+L_AB CCDAR RAPIDS • DES M0114ES 141CROFILMED 6Y JORM MICR+LAB CEOAR RAPIDS • DES Mo111CS R I�ICRUFILMEU BY JORM MICROLAB CEDAR RAPIDS AND UES M01:IL,, +' �r MICROFIL14ED BY „I JORM MICR+LAB CCDAR PAPIM • DCS MOINCS MILR0FILML0 BY JORM MICROLAB Form J CEDAR RAPIDS AND UES bluff +L„ lull" Page 1 of 1 CABLE SYSTEM NARRATIVE Each applicant must describe in narrative form its concept of the broadband telecommunications network it proposes to operate in the community. Appli- cants should discuss anticipated development over the period for which the franchise will be granted. Applicants must also discuss the following: • Channel capacity, with regard both to the short term and long term, including specific reference to the degree of flexibility for adapt- ing the proposed system to increasing or changing capacity require- ments. • The extent to which bi-directional capability will be available initially, and what steps are proposed to provide additional ca- pability as the state-of-the-art and public need develop. e Origination capability proposed for the system, including fixed and mobile studio facilities, remote origination capability and automated programming services. • Local programming philosophy specifically describing plans and objectives for access and local origination. Detailed description and technical data should not be repeated from other forms. This narrative report should describe all miscellaneous types of services and programs to be offered that are not otherwise included on the forms provided (e.g., remote control devices for all subscribers, description of marketing program and promotional efforts, donated services to community groups, inter- connection of schools and/or local governmental offices with both open and closed circuits, rate differential for senior citizens, etc.). I41CROFILMED BY ;I JORM MICR+LAB CFOAR WIN', - OE$ WINES n i i MICROFILMED BY 1 JORM MICR+LAB CEDAR RAPIDS • DES MOIRES hilLROU ILMLD BY JORM MICROLAB CEDAk RAPIDS AND JLS MUINL., ,Uiu, Form K Page 1 of 6 PROPOSED SIGNAL CARRIAGE AND ALLOCATIONS SERVICE TIER NO. _ (if applicable) NOTE: If proposing multiple tiers of service, complete separate Form K for each tier. 1. Broadcast Television Channels a. Local Broadcast Signals Network) I Call IBroadcastl Cable I Hours I Proposed Affili-I City I Letters I Channel I Channel I Per Day IActivatio ation* I I I I I (est.) I Date** *For example, ABG, Gns, Nbu, rna, luu., uu,vi. **Specify proposed activation date if other than initial date. b. Imported Broadcast Television Channels (include proposed substitutes (if any) for "black -out" situations). Networkl I Call IBroadcastl Cable I Hours I Proposed Affili-I City I Letters I Channel I Channel I Per Day IActivatio ation* I I I I I (est.) I Date** *For example, ADU, UDa, VDUs rD9, •uu., ..... - **Specify proposed activation date if other than initial date. MICROFILMED BY JORM MICR46LAB CFOAR PAPIOS . DES MOIRES *For example, ABG, Gns, Nbu, rna, luu., uu,vi. **Specify proposed activation date if other than initial date. b. Imported Broadcast Television Channels (include proposed substitutes (if any) for "black -out" situations). Networkl I Call IBroadcastl Cable I Hours I Proposed Affili-I City I Letters I Channel I Channel I Per Day IActivatio ation* I I I I I (est.) I Date** *For example, ADU, UDa, VDUs rD9, •uu., ..... - **Specify proposed activation date if other than initial date. MICROFILMED BY JORM MICR46LAB CFOAR PAPIOS . DES MOIRES *For example, ADU, UDa, VDUs rD9, •uu., ..... - **Specify proposed activation date if other than initial date. MICROFILMED BY JORM MICR46LAB CFOAR PAPIOS . DES MOIRES MILkOFILME0 BY JORM 141CROLAB CEDAR RAPIDS AND uL5 >IuIIiL.,, -JI-11 Form K Page 2 of 6 PROPOSED SIGNAL CARRIAGE AND ALLOCATIONS (concinued) SERVICE TIER NO. _ (if applicable) 2. 'Nonbroadcast Channels a. Local Origination Programming (nonpay programming to be originated by or supplied through operator) (1) Automated (e.g., time, weather, news, sports, stockmarket, etc.) Service Source Cable Hours Per I Proposed Channel Day (est.) jActivation Date* *Specify proposea accivaciou aaLr �+. ••----- ----- (2) Nonautomated Programming (e.g., operator -produced local programming, nonpay movie packages, national or regional sports package, religious network) Service Source Cable Hours Per I Proposed Channel Day (est.) jActivatlon Dace* I *Specify proposea accivaciou aaLr �+. ••----- ----- (2) Nonautomated Programming (e.g., operator -produced local programming, nonpay movie packages, national or regional sports package, religious network) Service Source Cable Hours Per I Proposed Channel Day (est.) jActivatlon Dace* I *Specify proposed activation nate it ocner cast u�-- -- MICRDRILN[D BY 1, JORM MICROLAB CPDAR RAPIDS • DCS MDIIICS hliCROFILI.ILO BY JORM MICROLAB LEUAR RADIUS AW ULS 1-1U11i1u, -• Form K Page 3 of 6 PROPOSED SIGNAL CARRIAGE AND ALLOCATIONS (continued) SERVICE TIER NO. _ (if applicable) 2. Nonbroadcast Channels (continued) b. Designated Access Channels (channels set aside for nonoperator-origi- nated local programming) (1) Public Access Channel(s) =able lHours Per Day Available jProposed Activation Date*:! *Specify proposed activation date if ocher than initial date. (2) Educational Access Channel(s) Cable Channel lHours Per Day Available jProposed Activation Date*1, *Specify proposed activation date if other than initial date. (3) Local Government Access Channel(s) Cable Channel lHours Per Day Available lFroposed Activation Date*1 pecify proposed activation date if ocher date. K- •5+� 141CROFILIIED OY ' DORM MICR+LAB CRDAR RAPIDS • DCS 11DMIS I i I i 'i i i i i hliCROFILI.ILO BY JORM MICROLAB LEUAR RADIUS AW ULS 1-1U11i1u, -• Form K Page 3 of 6 PROPOSED SIGNAL CARRIAGE AND ALLOCATIONS (continued) SERVICE TIER NO. _ (if applicable) 2. Nonbroadcast Channels (continued) b. Designated Access Channels (channels set aside for nonoperator-origi- nated local programming) (1) Public Access Channel(s) =able lHours Per Day Available jProposed Activation Date*:! *Specify proposed activation date if ocher than initial date. (2) Educational Access Channel(s) Cable Channel lHours Per Day Available jProposed Activation Date*1, *Specify proposed activation date if other than initial date. (3) Local Government Access Channel(s) Cable Channel lHours Per Day Available lFroposed Activation Date*1 pecify proposed activation date if ocher date. K- •5+� 141CROFILIIED OY ' DORM MICR+LAB CRDAR RAPIDS • DCS 11DMIS tj!LkUF 1LMEU BY JURM MICRULAB • LLUAR RAPIUS ANU ULS �'IUlfic„ .,JWI Form K Page 4 of 6 PROPOSED SIGNAL CARRIAGE AND ALLOCATIONS (continued) SERVICE TIER NO. _ (if applicable) (4) Leased Access Channel(s) Cable Channel lHours Per Day Available jProposed Activation Date* *Snartfv nrnnnned activation date if other than initial date. (5) Composite Access Channel(s) (also indicate below if proposing that two or more access channel classifications be combined as a composite access channel(s)) Cable Hours Per Day Proposed Combined Channel Available Activation Date* Classification** I *Specify proposed activation date it atner tnan lnlclai date. **Specify whether public, educational, government and/or leased. 3. Pay Cable Channel(s) Type* Source I Cable Channell Hours Per jProposed Activa— Day (est.)l tion Date** *For example, first—run movies, regional sports, classic movies, etc. **Specify proposed activation date if other than initial date. 4. Number of Undesignated Video Channels Available for Future Use: _ MICROFILMED BY JORM MICR6LAB CFDAP RAPM • DES MOItIFS *For example, first—run movies, regional sports, classic movies, etc. **Specify proposed activation date if other than initial date. 4. Number of Undesignated Video Channels Available for Future Use: _ MICROFILMED BY JORM MICR6LAB CFDAP RAPM • DES MOItIFS MILROFILMLU BY JORM 141CROLAB LEDAk RAPIUJ AMU uLS HUI:IL., .SWI Form K PROPOSED SIGNAL CARRIAGE AND ALLOCATIONS (continued) SERVICE TIER NO. _ (if applicable) 5. FM Audio (audio programming delivered on FM frequencies) a. Broadcast Radio Stations (1) FM broadband ( ); or (2) individually processed signals [ ]. Page 5 of 6 Format* I Hours Per JProposed Activa-I Call I City I Day (est.)l tion Date** I Letters I ^evt example, country, rocK, etc. **Specify proposed activation date if other than initial date. b. Nonbroadcast Audio Programming (provided by operator) Format* I Hours Per Day (est.) I Proposed Activation Date** *For example, country, rock, etc. -_- **Specify proposed activation date if other than initial date. 141 CRO11PIED BY JORM MICR+LAE CEOAR P.APIDS . ors momrS ^evt example, country, rocK, etc. **Specify proposed activation date if other than initial date. b. Nonbroadcast Audio Programming (provided by operator) Format* I Hours Per Day (est.) I Proposed Activation Date** *For example, country, rock, etc. -_- **Specify proposed activation date if other than initial date. 141 CRO11PIED BY JORM MICR+LAE CEOAR P.APIDS . ors momrS Y 141CROFIL1410 BY I JORM MICR+LAB CEDAR RAPIDS • OF.S MOINCS L. b P3 w m m 0 m 14'i RUFILMLD BY JORM MICROLAB CEDAR RAPIDS AND UL, I•IUli t .Jell, Form L Page 1 of 6 LOCAL PROGRAMMING LOCAL ORIGINATION PRODUCTION EQUIPMENT AND FACILITIES Give location of local origination and access facilities and List equipment (give make and model number) that will be available. 1. Local Origination Studio: a. Location (approximate): b. Size (approximate): c. Will this facility also serve as an access studio? [ 1 yes [ 1 no Available for 2. Location Origination Equipment List (provide make access use and model number): (check if "YES")* [ I ! 1 [ I f I [ 1 I ] [ 1 *Describe any conditions or rules attached to the use of equipment for access users. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • PES MOINES 1.11CROFILMED BY JORM MICROLAB • CEDAR RAPIDS MID UES MUINL�, Jr.., Form L LOCAL ORIGINATION COMMITMENT* 1. Operating Budget: i i I $ b. Third year $ c. Fifth year $ i t $ 2. Capital Budget: i I I Ten-year total $ 3. Staff Commitment: Full-time , i I I i 1.11CROFILMED BY JORM MICROLAB • CEDAR RAPIDS MID UES MUINL�, Jr.., Form L LOCAL ORIGINATION COMMITMENT* 1. Operating Budget: a. First year $ b. Third year $ c. Fifth year $ d. Tenth year $ 2. Capital Budget: Ten-year total $ 3. Staff Commitment: Full-time a. First year b. Third year c. Fifth year 4. Row many part-time positions equal one full person year? Page 2 of 6 Part-time 5. Row many hours of programming will be locally produced by the system operator? (hrs. per week) 6. What percentage of operating budget (ten-year total) listed above will be allocated to locally produced program- ming by the operator? X *Do not include access budget and staff commitments. 141CROFILI4ED BY ,..� JORM MICR+LAB rEMR RAPIDS • DES M0114ES i I.1iukWALMED BY JORM MtCROLAB CEDAR RAPIDS AND oES I•lu: i _, :u+ Form L Page 3 of 6 ACCESS PRODUCTION EQUIPMENT AND FACILITIES Please describe local origination facilities and list equipment that will be available to access channel users on an exclusive or priority basis. 1. Access Studio: a. Location (approximate) if different or in addition to local origination studio: b. Size (approximate): 2. List access equipment that will be made available to access channel users on an exclusive or priority basis *: p y (provide make and model number) I *Describe any conditions or rules attached to the use of equipment. F MICROFILMED BY DORM MICR6LAB CFDAP RAPIDS • DES MOUES MICR0F1Li1EU BY JORM MICROLAB CEOAk RADIOS AND UES !'IUiNLJ, :U+in Form L Page 4 of 6 ACCESS COMMITMENT* (Programming Assistance) 1. Operating Budget: a. First Year $ b. Third Year $ c. Fifth Year $ d. Ten-year Projected Total i $ '..� 2. Capital Budget: Ten-year Total $ r. - i i 3. Staff Commitment: a. First Year Full-time Part-time b. Third Year Full-time i Part-time � I c. Fifth Year Full-time Part-time 4. How many part-time positions equal one full person year? *Do not include local origination budget and staff commitments. I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES MILROHLMED BY JORM MICROLAB CEDAR RAPIDS AND uL; A i'ru, Form L ADDITIONAL ACCESS FACILITIES Page 5 of 6 Please briefly describe additional access production equipment, staff and/or funding to be provided for a second access production facility located within the city to be established upon demonstrated need as determined by the City Council. (See instructions.) This commitment shall be in addition to any described on pages 1 through 4 of this Form. .n• i I 141CROFILMED BV JORM MICR+LAO CFMR RAPIDS • OFS MOINES MILROFILMED BY JORM MICROLAB • CLUAR RAPI05 AMU ULS ;1U1;IL:,, .0/•^ Form L ACCESS CHANNELS AND ADMINISTRATION Page 6 of 6 I. Applicant is to attach a complete set of rules and procedures for the oper- ation of public, educational, government and leased access channels. The rules must describe: • availability of equipment; • scheduling procedures for reserving equipment and channel time; • any rates to be charged; • copies of contract forms and application forms; • availability of production assistance, etc. 2. Leased Access: Submit a plan describing in full detail, the number of channels available for leased access, including those available for full- time and part-time lease. Include expected revenues from leased channel operation. Ar, ,4., � FILMED BY 1 JORM MICR+LAB CFMR RAPIDS • DCS MOINES i I I ,r. i i MILROFILMED BY JORM MICROLAB • CLUAR RAPI05 AMU ULS ;1U1;IL:,, .0/•^ Form L ACCESS CHANNELS AND ADMINISTRATION Page 6 of 6 I. Applicant is to attach a complete set of rules and procedures for the oper- ation of public, educational, government and leased access channels. The rules must describe: • availability of equipment; • scheduling procedures for reserving equipment and channel time; • any rates to be charged; • copies of contract forms and application forms; • availability of production assistance, etc. 2. Leased Access: Submit a plan describing in full detail, the number of channels available for leased access, including those available for full- time and part-time lease. Include expected revenues from leased channel operation. Ar, ,4., � FILMED BY 1 JORM MICR+LAB CFMR RAPIDS • DCS MOINES I;IICROFILMLU BY JORM MICROLAB • CEDAk RAPIDS AND JES i'IViIiLi, :'Jv-" FORM M: PROPOSED RATES 141CROFILMED OY JORM MICR+LAE3 I CEDAR RAPIDS • DES MOINES 'm I i i I I;IICROFILMLU BY JORM MICROLAB • CEDAk RAPIDS AND JES i'IViIiLi, :'Jv-" FORM M: PROPOSED RATES 141CROFILMED OY JORM MICR+LAE3 I CEDAR RAPIDS • DES MOINES MILQi ILMEU BY JORM MICROLAB Form M CLUAk RAPIUb AIIU ULA I PROPOSED RATES Page 1 of 7 Rate Schedule: Consideration will be given to applicants with the most reason- able installation and subscriber rate schedule that is at the same time justified in the financial ,Pro forma statements by use of realistic levels of penetration. Such preference will only be given where guarantee is made that changes in rates will not be requested for a period of two years from the date of providing ini- tial service. Applicant should become familiar with the requirements of section 14-76 of the Iowa City Broadband Telecommunications Franchise Enabling Ordinance. 1. Does applicant guarantee that no changes in any rates will be requested for a period of three years from date of providing initial service? I 1 yes I 1 no 2. List below proposed rate schedule to be charged Proposed Rates Offered for basic subscriber services, commercial rates, by multiple dwellings, etc. If different tiers and op- Installationjcant Monthly tions are offered, use summary forms that follow. MICROFILMED BY ;I JORM MICR�LA9 MAR PAPIIIS • nr..S MINES Are MICROERMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES 1,!!LROFILMLD BY JORM MICROLAB LEUAk RAPIDS AW uLS MMI ILS, 'Jell, Form M Page 3 of 7 SUMMARY OF SUBSCRIBER SERVICE AND PROPOSED RATES (If more tiers or options are offered, please list details) A. TIER 1: I. Number of cable channels i 2. Is converter or switch (circle which) required? [ ] yes [ ) no 3. Installations costs $ 4. Monthly subscriber rate $ 5. Converter or switch costs: a. Installation $ b. Monthly $ 6. Fifth—year projected percentage of subscribers taking Tier 1 X B. TIER 2: 1. Does Tier 2 include Tier 1? If no, explain. ( J yes ( ] no „u 2. Number of cable channels 3. Is converter or switch (circle which) required? [ ] yes [ ] no 4. Installations costs $ s i 5. Monthly subscriber rate $ i 6. Converter or switch costs: a. Installation $ b. Monthly $ 7. Projected percentage of subscribers taking Tier 2 X C. TIER 3: 1. Does Tier 3 include Tiers 1 and 2? If no, explain. ( ] yes [ ] no 2. Number of cable channels 3. Is converter or switch (circle which) required? ( ) yes [ ] no 4. Installations costs $ 5. Monthly subscriber rate $ 6. Converter or switch costs: a. Installation $ b. Monthly $ 7. Projected percentage of subscribers taking Tier 3 % IEICROFILMCD BV I '1 DORM MICR+LAE CEDAR RAPIDS • DFS MOINES Ig1LR0FIL;1EU BY JORM MICROLAB CEDAR RAPIUS AND ULS HUi;iu , .' Form M SUBSCRIBER OPTIONS AND PROPOSED RATES A. OPTIONS FOR TIER 1: Page 4 of 7 1. Is pay—cable available? ( I yes L I no 2. Programming (name pay—cable service): a. b. C. 3. "Lack—out" feature (additional charge)? I 1 yes $_ amount C I no 4. Monthly rate --pay cable: a. $ b. $ C. $ 5. Second set: a. Installation $ b. Monthly $ 6. FM outlet: a. Installation $ b. Monthly $ 7. Movie outlet $ 8. Reconnect fee $ 9. Multi—unit: a. Installation $ b. Monthly—single bill $ c. Monthly—individual bills $ 10. Delinquent Account $ 41CROFILMCD BY JORM MICR+LAB CFOAR RAPIDS • DES MDINCS .IlLROFILMED BY JORM MICROLAB CLUAR RAPIDS AND DES fauiiiL ,u+" Form M Page 5 of 7 SUBSCRIBER OPTIONS AND PROPOSED RATES (continued) B. OPTIONS FOR TIER 2: 1. Is pay-cable available? [ ] yes [ ] nc 2. Programming (name pay-cable service): a. b. C. 3. "Lock -out" feature (additional charge)? [ ] yes $_ amount [ ] no 4. Monthly rate --pay cable: a. $ b. $ c. $ 5. Second set: a. Installation $ b. Monthly $ 6. FM outlet: a. Installation $ b. Monthly $ 7. Movie outlet $ B. Reconnect fee $ 9. Multi -unit: a. Installation $ b. Monthly—single bill $ c. Monthly—individual bills $ 10. Delinquent Account $ I NICRDFILMED BY JORM MICR+LAB 1 CEDAR RAPIDS • DES mows I i i I .IlLROFILMED BY JORM MICROLAB CLUAR RAPIDS AND DES fauiiiL ,u+" Form M Page 5 of 7 SUBSCRIBER OPTIONS AND PROPOSED RATES (continued) B. OPTIONS FOR TIER 2: 1. Is pay-cable available? [ ] yes [ ] nc 2. Programming (name pay-cable service): a. b. C. 3. "Lock -out" feature (additional charge)? [ ] yes $_ amount [ ] no 4. Monthly rate --pay cable: a. $ b. $ c. $ 5. Second set: a. Installation $ b. Monthly $ 6. FM outlet: a. Installation $ b. Monthly $ 7. Movie outlet $ B. Reconnect fee $ 9. Multi -unit: a. Installation $ b. Monthly—single bill $ c. Monthly—individual bills $ 10. Delinquent Account $ I NICRDFILMED BY JORM MICR+LAB 1 CEDAR RAPIDS • DES mows r Q1 uROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS ?IUINLu, ,Ji.., Page 6 of 7 Form M SUBSCRIBER OPTIONS AND PROPOSED RATES (continued) C. OPTIONS FOR TIER 3: 1. Is pay-cable available? ( 1 yes I 1 no 2. Programming (name pay-cable service): a. b. C. 3. "Lock -out" feature (additional charge)? ( 1 yes $� amount ( 1 no 4. Monthly rate --pay cable: a. $ b. $ c. $ 5. Second set: a. Installation $ b. Monthly $ 6. FM outlet: a. Installation $ b. Monthly $ 7. Movie outlet $ 8. Reconnect fee $ 9. Multi -unit: a. Installation $ b. Monthly—single bill $ c. Monthly—individual bills $ 10. Delinquent Account $ MICROFILMED BY JORM MICR+LAB I C FOAR RAPInS • nB MOINES t4lU<0f1LME0 BY JORM MICROLAB CEDAR RAPIUS AND UCS i•iUif+t .v. Form M OTHER RATES Page 7 of 7 A. STUDIO AND EQUIPMENT USAGE 1. Noncommercial a. Studio production time $ per hour b. Remote production time $ per hour c. Supervision and instruction $ per hour d. Leased channel costs $ per hour e. System playback costs $ per hour f. Editing Costs $ per hour 2. Commercial a. Studio production time $ per hour b. Remote production time $ per hour c. Supervision and instruction $ per hour d. Leased channel costs $ per hour e. System playback costs $ per hour f. Editing Costs $ per hour B. SERVICE TO GOVERNMENTAL AND EDUCATIONAL FACILITIES 1. Installation Fees: a. One Cable Outlet (per facility) $ NO CHARGE b. More Than One Outlet (per facility) $ 2. Monthly Rate $ C. ADVERTISING RATES Describe on separate page all proposed advertising rates (nonprofit and commercial). D. OTHER (not mentioned above) 141CROPILMEO BY • JORM MICR#LAB CEUAR RAP @S • PIS MOIRES t1luROFILMED BY JORM MICROLAB Form N • CEDAR RAPIDS AND uLS MUINu, :J111 EMPLOYMENT PRACTICES Page 1 of 1 Applicant shall present information regarding employment Practices and compli- ance with the Iowa City "Broadband Telecommunications Franchise Enabling Ordin- ance," Subsection 14-88(l) as follows: The Grants shall not commit any of the following employment practices and agrees to prohibit the following practices in any contracts or sub- contracts entered into to effectuate the operation of this franchise. (a) To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, sex, national origin, age, disability, marital status, or sexual orientation. (b) To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. In addition to the above, the Grantee shall comply with all applicable State, Federal, and municipal laws concerning discriminatory and unfair practices. I41CROFILMED BY JORM MICR+LAB Cf OAR RAPIDS • DFS MOINES i t1luROFILMED BY JORM MICROLAB Form N • CEDAR RAPIDS AND uLS MUINu, :J111 EMPLOYMENT PRACTICES Page 1 of 1 Applicant shall present information regarding employment Practices and compli- ance with the Iowa City "Broadband Telecommunications Franchise Enabling Ordin- ance," Subsection 14-88(l) as follows: The Grants shall not commit any of the following employment practices and agrees to prohibit the following practices in any contracts or sub- contracts entered into to effectuate the operation of this franchise. (a) To discharge from employment or refuse to hire any individual because of their race, color, religion, creed, sex, national origin, age, disability, marital status, or sexual orientation. (b) To discriminate against any individual in terms, conditions, or privileges of employment because of their race, color, religion, creed, sex, national origin, age, disability, marital status or sexual orientation. In addition to the above, the Grantee shall comply with all applicable State, Federal, and municipal laws concerning discriminatory and unfair practices. I41CROFILMED BY JORM MICR+LAB Cf OAR RAPIDS • DFS MOINES MICROFILMED BY JORM MICR+LA13 i CEDAR RAPIDS • DES MOINES FILIAEO BY JORM MICR+LAB ! CEDAR RAPIDS RES MOINES MIi;ROFILMEU BY JORM MICROLAB • LEUAR RAPIUS ANU UES 51UPil-3, IUnn Form J Page 2 of 8 CHANNEL CAPACITY AND SYSTEM DESIGN (continued) i 3. Describe distribution system cable and equipment including converters, addressable taps, etc. (List make nad model number.)* I i i i ,n• 4. Describe headend electronic equipment to be installed for interactive capabilities including computer hardware and software (list make and model number).* l i i i I *It will be presumed that equipment described or its equivalent will be used in actual construction. R...... t��..I-�^^ RICROFILMEO BY JORM MICR+LA6 I CEDAR RAPI05 • DES MOINES 1;11UROFILMED BY JORM b11CROLAB CEDAR RAPIUS AIIO UES (•iUiliL�, :wol Form 0 University of Iowa Network CHANNEL CAPACITY TO AND FROM SUBSCRIBERS ON CAMPUS (CABLE "A") 1. Downstream: a. Frequency Spectrum —MHz b. Channel Capacity 2. Upstream: Page 3 of 8 a. Frequency Spectrum — MHz b. Channel Capacity c. Will upstream be initially activated from all subscribers? [ I yes [ ] no 3. If "no," indicate when, under what circumstances and how future capacity will be provided. a. When? b. Under what circumstances? c. How? Y 141CROFILMED OY I JORM MICR+LAB CFDAP. RAPIDS • OFS MOINES I I _i 1;11UROFILMED BY JORM b11CROLAB CEDAR RAPIUS AIIO UES (•iUiliL�, :wol Form 0 University of Iowa Network CHANNEL CAPACITY TO AND FROM SUBSCRIBERS ON CAMPUS (CABLE "A") 1. Downstream: a. Frequency Spectrum —MHz b. Channel Capacity 2. Upstream: Page 3 of 8 a. Frequency Spectrum — MHz b. Channel Capacity c. Will upstream be initially activated from all subscribers? [ I yes [ ] no 3. If "no," indicate when, under what circumstances and how future capacity will be provided. a. When? b. Under what circumstances? c. How? Y 141CROFILMED OY I JORM MICR+LAB CFDAP. RAPIDS • OFS MOINES I;LILRUFILMED BY JORM MICROLAB CEDAR RAPIOS AND ULS MUI:iL,, JAI, Form 0 Page d of 8 University of Iowa Network ADDITIONAL CHANNEL CAPACITY TO AND FROM CAMPUS BUILDINGS (CABLE "B") 1. Upstream: a. Frequency Spectrum - MHz b. Channel Capacity c. Will upstream be initially activated from all designated [ ] yes [ ] no campus buildings? Z. If "no," indicate when, tinder what circumstances and how future capacity will be provided. a. When? b. Under what circumstances? c. Ilow? WILMED By ,1 JORM MICR+LAB i CEDAR RAPIDS • DES MOINES i i i I I I;LILRUFILMED BY JORM MICROLAB CEDAR RAPIOS AND ULS MUI:iL,, JAI, Form 0 Page d of 8 University of Iowa Network ADDITIONAL CHANNEL CAPACITY TO AND FROM CAMPUS BUILDINGS (CABLE "B") 1. Upstream: a. Frequency Spectrum - MHz b. Channel Capacity c. Will upstream be initially activated from all designated [ ] yes [ ] no campus buildings? Z. If "no," indicate when, tinder what circumstances and how future capacity will be provided. a. When? b. Under what circumstances? c. Ilow? WILMED By ,1 JORM MICR+LAB i CEDAR RAPIDS • DES MOINES h11CROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND UES :,MkL�, ,ub,l Form 0 University of Iowa Network Page 5 of 3 ADDITIONAL CIL1\NEL CAPACITY TO AND FROM CAMPUS BUILDINGS (CABLE "B") (continued) 3. Downstream: a. Frequency Spectrum - Nulz b. Channel Capacity c. Will downstream be initially activated from campus subheadend? [ ] yes [ ] no 4. If "no," indicate when, under what circumstances and how future capacity will be provided. a. Mien? b. Under what circumstances? c. Ilow? { 141CROFIL1410 BY .j JORM MIOR+LAB CEDAR RAPIDS • D6 MOINES i f-ILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MulkLi, Ue— Form 0 Page G of 8 University of Iowa Network ADDITIONAL CIRNNEL CAPACITY TO AND FROM INSTITUTIONS (CABLE "B") (continued) S. List campus buildings proposed to be included in institutional network.I G. How many miles of cable are proposed to be included in institutional network? 1. Institutional network refers to a cable linking designated buildings with campus subheadend. K' MICRDFILIdf.O BY JORM MICR#LAB Cf DAR RAPIPS • DCS M01NF5 i I,11CRUFILMED BY JORM MICROLAB CEDAR RAPIOS AND ULS Page 7 of S form 0 University of Iowa Network PROPOSED RATES List below all rates for basic and other services for university dorm- itory units, married housing units, classrooms and office buildings. Rates for basic and other services to dormitory units shall be listed as a "bulk" rate. Rates to married housing units and other locations shall be listed as both a bulk rate and as an individual connection rate. As discussed in the instructions, applicants shall propose alternative rates reflecting both cases for improvement of existing master anntenasystems fundedresidential . units: (1) University funded improvements and (2) grantee t Also list all installation rates for service to university dormitory units, married housing units, classrooms and office buildings. MICROFILMED OY ri JORM MICR+LAB CFDAR RAPIDS • Df.S MOINFS MILROFILMED BY JORM MIGROLAB • CEDAR RAPIDS AND ULS MUINL,, Form 0 Page 8 of 8 I I ,pr II j I I I MILROFILMED BY JORM MIGROLAB • CEDAR RAPIDS AND ULS MUINL,, Form 0 Page 8 of 8 I �1it,liUi iLl•tw BY JUkt4 I•IICRULAB • CLUAi� RAV1U; AHU t!L'� - I` / r/ �1. I! , 1 - tl • 4000•I �_ , � IY � q 'lj I I II I•f 1 Y - n I � � � • / , � d 7 r I I� I.I� /• / '�f 11 1. l`s � �j i t I 'I 7 .III •-I� ` �i ' j"1- _� 4�., 11 �I � - •� �� � a 1 ;'��,� ���, J /� 11_ � � LII ;-_� ,I •x•21 -, 1 M ''% Jr ' !�L—A t!r µll. - 1 ..• •1 _ {Zrjxt A -I tr' I• } ,. 7 •- I III � I I' _. J ( �t � � •4"� ,.:n_il 11 •:: Itit'F �- }T •I ri •-.y— •••000111 , � 1 1-I I I I� II / 'I (' • , I f ; �'- f`'� �. N I^ � � � � , V� � 11 11 � � II - �I I �I u I III r•I I����Ir. �� I�r .as /.•S' 1 1 `I !__. , r ; lltX 1� r7 Y•bN 1 tr , � � I r+•• � if� � I I 1 11 11 I mow.... I I N l \ � I _•. J r n r p t ( +F_ v Y ; ,/��� f 1: I, \ ,,•• l r}I �'� MH�I •.f a..:� .-I I , ( (�..rs 'wlr — I I y(.' . r -1!I r,:.il ••y 11 .� r' 1 . - II (I "II 1I ~I ��> 1 r l,_.�i .� _q. ��.. r•••. � II ..il \ �. �m..... 1 � h' ,: yT .W_... II .,._��1( ( -�� I. RJ I, 1 � M �� � �"`• yl f ,. .. I 1 •I : � I✓' - I I� � I� �� I� - I. ,-.�I JII I •. I - rly.- _, :Y Y!`I I 1/ / 1 ' - +'Ivw�,� I it ••e �. _. �..a."..J'I i1Y'�"/ ,� ,r`:; C II z ,. � `I �� •. I`. ,. 4 ��'- L J2.. � us1i,-.- r %_...'� I wP.'4� L. • i �I I .. �L .•� .J' _. i... _- 11� .J� ' �ftlJL''- J - ° I. II u� �i Ii wr'. "Ltl +' � III ! I ( � ,,- .. .�r�/ �� r�% *II �• {Tn i'.. d ...., •�1' �\{ A. {�"'• I I u'--I'l1f �. .� �r 't�_L L I�yYll:� Il II II ^r - !.-.:•Lt1. -,.� . I PPP r .I 1 \ I - _-•� � %.' I `�-_ I ri1 C�� 1 � ' X111¢ r • - + _ , .. � � .i ^>, t I ISI .♦Ij ""' I � � � I JI )� 1 .� ": _ �1 I I -} •:. :� .I� 111 �,�. it ssea�i � li � I�yJ+] �1��� I,II •. 1IJlr� `,JLit 11L1<01'ILMLU BY JORM MICROLAB LLUAk RAPM AFlU OL3 r I . r''rl •\ 11�' . r. •;� ;; is " 1 ; FIN . . ........ I I MICROFILMED BY JORM MICFV#LAB ' CFDAR RAPIDS DES MOINES fj!LR0F1LMEU BY JORM MICROLAB CEDAR RAPIDS AND UES MUItiE�,, iUe- RESOLUTION No. 78-334 RESOLUTION SUITING PUBLIC HEARING ON ADOPTION OF PROPOSED CODE OF ORDINANCES FOR IOWA CITY, IOWA. WHEREAS, the Council will soon be considering the adoption of a proposed code of ordinances for Iowa City, Iowa, and WHEREAS, since the proposed code of ordinances contains sane new matter never before adopted as an ordinance of Iowa City, it is necessary to hold a public hearing on the proposed code of ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing be held at 7:30 P.M. on Tuesday,August 8, 1978, in the Council Chambers at the Civic Center, 410 E. Washington St., Iowa City, Iowa, to solicit public comment concerning the proposed adoption of a new codification of the ordinances of Iowa City, Iowa. 2. The City Clerk is authorized and directed to publish notice of this hearing. 3. The City Clerk is authorized and directed to place on file in her office a copy of the proposed code of ordinances. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x_— —deProsse x Erdahl x Neuhauser x _ Perret x Roberts x — Vevera 141CROFIL14ED By i J0 RM MICR(OLAB CEDAR RAPIDS - DES MOINES 11ICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL�), "u-, Resolution No. 78-334 / Page 2. Passed and approved this 25th day of July 1978. 14AYOR J � i �' -•1�}]�` � ICROFILMED BY l�-DORM MICR+LA9 CEDAR RAPIDS •DES MOINES ' 4 JfY TEL LBU" 1 "J:'i; .AT i i v � 1 I 1 11ICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL�), "u-, Resolution No. 78-334 / Page 2. Passed and approved this 25th day of July 1978. 14AYOR J � i �' -•1�}]�` � ICROFILMED BY l�-DORM MICR+LA9 CEDAR RAPIDS •DES MOINES ' 4 JfY TEL LBU" 1 "J:'i; .AT fj!LR0F1LMEU BY JORM MICROLAB CEDAR RAPIDS AND UES MUItiE�,, iUe- RESOLUTION No. 78-334 RESOLUTION SUITING PUBLIC HEARING ON ADOPTION OF PROPOSED CODE OF ORDINANCES FOR IOWA CITY, IOWA. WHEREAS, the Council will soon be considering the adoption of a proposed code of ordinances for Iowa City, Iowa, and WHEREAS, since the proposed code of ordinances contains sane new matter never before adopted as an ordinance of Iowa City, it is necessary to hold a public hearing on the proposed code of ordinances. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing be held at 7:30 P.M. on Tuesday,August 8, 1978, in the Council Chambers at the Civic Center, 410 E. Washington St., Iowa City, Iowa, to solicit public comment concerning the proposed adoption of a new codification of the ordinances of Iowa City, Iowa. 2. The City Clerk is authorized and directed to publish notice of this hearing. 3. The City Clerk is authorized and directed to place on file in her office a copy of the proposed code of ordinances. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x_— —deProsse x Erdahl x Neuhauser x _ Perret x Roberts x — Vevera 141CROFIL14ED By i J0 RM MICR(OLAB CEDAR RAPIDS - DES MOINES 11ICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL�), "u-, Resolution No. 78-334 / Page 2. Passed and approved this 25th day of July 1978. 14AYOR J � i �' -•1�}]�` � ICROFILMED BY l�-DORM MICR+LA9 CEDAR RAPIDS •DES MOINES ' 4 JfY TEL LBU" 1 "J:'i; .AT i i v � 1 I 1 11ICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL�), "u-, Resolution No. 78-334 / Page 2. Passed and approved this 25th day of July 1978. 14AYOR J � i �' -•1�}]�` � ICROFILMED BY l�-DORM MICR+LA9 CEDAR RAPIDS •DES MOINES ' 4 JfY TEL LBU" 1 "J:'i; .AT MfU1OFILMEU BY JORM MICROLAB CEDAR RAPIDS ANO ULS FESOLIlrICN M. 78-335 J Rwwriw Aumomzm EJD;CIIPICN OF AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION wHEtM, the City of Iowa City, Iowa, has negotiated an agreement with the Iowa Department of Transportation , a copy of said agreigent being attar to s Peen u this reference made a part `hereof, and, MEFEAS, the City Council deans it in the public interest to enter into said agreement in order to obtain State funds for the repairs to the Governor Street Bridge NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with the Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. i It was moved by deProsse and seconded by Perret the Resolution be adopted, jFZ7 pon rol scall there were: AYES: NAYS: ABSERr: x BALMER x dePROSSE x ERDAHL _ x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 25th day of July 1978. ATTEST: Mayor c -r r rJ City Clerk Ccr.?ived & App+Quad By The Legal Dcperfmant //r- 7A4,1/'� /38/ 141CROH LAAO BY I DORM MICR+LAB i MAP RAPIM • nrS monis MICROFI1-I4ED BY JORM MICROLAB ��1 OF TRg1,s O o' /OWA HIGHWAY DIVISION 000 LINCOLN WAY AMES. IOWA 50010 SIS -296.1101 CEDAR RAVIUS MID DLS NU1FIL�, ,JN11 REF.NO. FN -1-5(21)--21-52 Johnson County Iowa City August 10, 1978 Abbie Stolfus City Clerk City Hall Iowa City, LA 52240 Dear Ms. Stolfus: Attached is a copy of the approved agreement for a U -STEP project in Iowa City for bridge replacement on Governor Street over Ralston Creek. Very truly yours, Ray Gustafson Office of Urban Systems sjd Attach. cc: D. E. McLean, Director of Highways, Iowa Dot L. G. Richert, Office of Accounting, Iowa DOT F. 0. Bloomfield, Office of Maintenance, Iowa DOT C. L. Ruisman, Office of Materials, Iowa DOT K. E. Davis, Office of Contracts, Iowa DOT R. C. Henely, District 4 Office, Iowa DOT C. H. Newhouse, External Audits, Iowa DOT Office of Urban Systems, Iowa DOT COMMISSIONERS JULES M. DUSKER DARDA114 DUNN DONALD K. GARDNER WILLIAM F. M<GRAIN IIODER711 RIGLER L STANLEY SCIIOELLIIMAN ALLAN IHOMS Sou. 011Y Dm mm'.' C.ft n.'10. Mnlmlp Nrrw NnmRlon SRrncm Dutu9uc OFIL14ED BY ..I I JORM MICR+LA13 I CFOAR RAPIDS • DFS I401NIS r,jk,kUi1L4LU BY JORM MICROLAB LLUAR RAPLUJ AND UL IOWA DEPARTMENT OF TRANSPORTATION /:L' •..:f AGREEMENT FOR URBAN -STATE TRAFFIC ENGINEERING PROGRAM PROJECT City: Iowa City County: Johnson Project No. FN -1-5(21)--21-52 Iowa Department of Transportation Agreemdnt No: 78-U-077 WHEREAS, pursuant to Sections 306A.7 and 307.7, 1975 Code of Iowa, as amended, the City of Iowa City hereinafter called the CITY, and the Iowa Department of Transportation, here- inafter called the STATE, may enter into an agreement for joint or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to law of the governing bodies involved, and WHEREAS, the STATE provides funds through the Urban -State Traffic Engineering Program (U -STEP), a cooperative program for relatively low-cost solutions that will speed traffic flow and reduce accidents on primary road extensions, and WHEREAS, the STATE has made these funds available forreimbursement: in the ratio of 50% STATE funds and 50% local funds, and WHEREAS, the CITY proposes to replace an aisting 29' "I" beam bridge structure on Governor St. Iowa Highway #1) over Ralston Creek between Jefferson St, and Iowa Ave. with a 36'-6" X 30'-0" steel beam bridge plus approach slabs and intakes. Cost is estimated at $109,000. NOW, THEREFORE, in consideration of the premises and the mutual covenants hereinafter set forth, it is hereby agreed as follows: Section 1. The CITY will prepare construction plans, specifi- cations and estimates and provide construction inspection at no cost to the STATE. Section 2. The CITY shall advertise for bidders, hold a public letting and provide adequate supervision for the con- struction work performed under the contract. The CITY shall submit the letting documents to the STATE for approval prior to formal action in the award -of the contract. Acceptance of the completed construction shall be with the concurrence of the STATE. �• .R'', MICROFILMED BY + JORM MICR+LAB CFDAR PAPIV • DFS I40INE5 1•IILi(Oi ILi4i.0 BY JURM 141CRULAB U -STEP AGREEMENT PAGE 2 LEUAR RAVIUS ARU uE� Section 3. Upon completion of the project, the CITY will provide materials certification and also certify that theprojections. was completed in accordance with the plans and spe cifiSection 4. STATE reimbursement to the CITY shall be based on actual construction costs as shown by the project records. For such reimbursements specific reference is made to the Iowa State Highway Commission Accounting and Procedures Manual, Chapter Xv, Audits of Contracts with Second Parties, a copy of which is attached and Marked Exhibit A. Cost of project is estimated at $109,000. e It is agreed that the project work will be performed in compliance with the attached Specification 778, "Iowa State Department of Transportation Supplemental Specifi- cation for Equal Employment Opportunity Responsibilities on Non Federal -aid Projects" which by this reference is made a part hereof. Section 5. Signs and other traffic control devices shall be furnished and maintained in accordance with the Iowa Manual on Uniform Traffic Control Devices. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, flood lighting and warning lights as necessary. Signs and traffic control devices shall be furnished by the CITY. I 141CROFILMED BY , JORM MICR+LAB CFDAR RAPIDS . DFMOINES r41CROFILMED BY JORM 141CROLAB • CEDAR RAPIDS AND uES I•IU11ILj, ,uw„ IN WITNESS WFIEREOF, each of the parties hereto has executed Agreement No. 78-U-077 as the date shown opposite its signature below. City of /Iowa/ City) By nC�Gt.%l /d ie'�.t __�,i (I.i .76 197 Title ml. VC %L I, •// / G I e S f o / � u c , certify that I am the Clerk of the CITY, and that R o l n r t A., VP I�.t r a , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virture of a formal Resolution duly passed and adopted by the CITY, on the /ti day of u=� �L 197. ,G Z Signed. -- City Clerk of IoLya City Iowa Date0 v J ].97 =r IOWA DEPARTMENT OF TRANSPORTATION Highway Division I ©y ��C��. yrs Urban Systems Engineer Date 4o- RMICOT IL14ED BY i JORM MICR+LA6 CGDAR RAP M • nEn MOIRES 1976 M i h11Ci(W ILMLD BY JORM MICROLAB • CEDAR RAPIDS AND LJLS iw;;iL.,, IOWA STATE HIGHWAY COMMiSSION EXHIBIT A .,APTER XV ACCOUNTING SUBJECT AUDITS OF CONTRACTS WITH SECOND PARTIES POLICY AND PROCIll REVISED EFFECTIVE 3-1-70 MANUAL It is the policy of the State Highway Commission that the External Audits Staff of the Accounting Department will perform an examination anothd analysis of fiscal or other source records maintaCommissby ionaasaatresult ofeany making cast representations to the State Highway contract, agreement, resolution and/or other document which binds the State Highway Commission. Claimants covered by this policy include the following: Political Sub -Divisions, Railroads, Public and Private Utilities, Consultants and Educational Institutions. The primary objective of the audit will be to as that the invoices, onlyuthoseecostsesin pecificallyith the incurred9reAsent meansdofhidentification, invoices itcisde suggested that t designation. assigneprocedureowill accumulated and recordob dintond/or dcosts n a separate Second actual sand imwhich willbesubjectt connection said party and support the final reimbursement. All records shall be made available at a central location to facilitate the audit. Audit will be accomplished as follows: (1) tabor. Costs (a) Determination will be made that salaries and wages are billed at actual or average rates accounting for productive labor hours and other duals eriod that they areedirectdirectly orincidentally iengaged uinnthehwork. These costs must be supported by adequate records. (b) It will be ascertained that normal procedures were followed, houroyees and overs and rates charged were those actually P aid he time, if charged, was actually paid. (C) Costs to the Second party for vacation, sick and holiday pay ahen nd other costs incident to labor employment will be reimburseed to direct supported by adequate records. The percentage app labor costs for indirect costs, such as vacation, holiday and will be sick, pay and other beneletledger accounts such as social security analysisall by item to the appl greater thanrthosetcharged percenttoecharges thunits' regulareoperations. no (2) E u�c ipment (a) Rei burse ent will party boflimited expensesoforaequipmentes hused. account nArbitraryts oto r otherwise unsupported equipment use charges will not be reimbursed. (b) Equipment charges will be verified by comparing charges to corresponding labor Costs. PAGE 1 ,• `C' 141CROr ILMED BY 1 JORM MICR+LAB rrnnR RWiM • nl MOVIr5 1;1ILk0FIL;4LU BY JORM I.1ICROLAB LLDAR RAPIDS AND DL AU,;+L_ r IOWA STATE HIGHWAY COMMISSION ACCOUNTING CHAPTER XV roLlcv AND PROC[DUNLS SUBJECT. AUDITS OF CONTRACTS WITH SECOND PARTIES REVISED: EFFECTIVE: 3 MANUAL (c) Payments to outside agencies will be verified. l be (d) amountrofmrent fpaidgtoor pthe tlowest lqualifiedcosts llimited Reiuseent bidder after obtaining appropriate quotations. (3) Material (a) Materials and supplies shall be billed at cost. Discounts, rebates, and allowances shall be deducted from material costs. Verifide that oratedcinion theshall be project.maMaterialslforaterials constructioner e incorp- not shown on the estimate or by change order or letter approval from the State will not be reimbursed. (4) Materials Recovered(Salva e) (a) Materials previously in place which are recovered in suitable condition for reuse by the Second party in connection with conststockrprices. shall theeSecondcredited party consistentlyroject acurrent charges l cost r a centum of ent recoveredial at shallareceiveocredir taccordingly. The at theauditor creditall or thatmmine scraptvalueaandiproperals ldisposalvaed eisnnoted. in to the (b) Materials lessoaapercentageuse lallowanceifor h loss of service life. It will be ascertained that the Second party has notified the State where materials are scrapped and when they were made available for inspection. ional (c) The suchfc edits9areall not requiredrbylude Statenlawdortregulations. when (s) Overhead (a) In the event that the Second party maintains construction over- head clearing accounts, each project shall bear only its equitable proportion of overhead costs; such as general engineering and supervision by others than the Second party, legal expenses, insurance, relief and pensions. Arbitrary percentages or amounts charged to projects to cover assumed overhead costs will not be reiabursed. PAGE Z + 141CRUFILMED 0Y JORM MIC R¢LAB f DAP NRPIM. • nF5 MORIE5 I r MILItUI ILMLU BY JDRM f4ICk0LA8 LEUAR RAPIJy MU LJL IOWA STATE HIGHWAY COMMISSION ACCOUNTING CHAPTER XV POLICY ANU PROCEDURES SUBJECT: AUDITS OF CONTRACTS WITH SECOND PARTIES MANUAL REVISED _LDLURA EFFECTIVE _11/1/74 (b) The records supporting the entries for overhead costs shall be kept to show the total amount, rate and allocation basis of each additive. Also, it will be necessary to ascertain that charges to those accounts are directly applicable to the project and the rates derived from such clearing accounts are the same as those applied to the Second party's regular construction work (6) Sub -Contracts (a) Determination will be made that the State has approved the sub- contract, the unit has properly solicited bids and awarded the sub -contractor the lowest qualified bidder. Subletting shall not relieve to the Second party of any provisions of the Contracts. (7) Completion and Acceptance Reports Each claim submitted for audit review shall be accompanied by an appropriate Certification of Completion and Final Acceptance, Forms 435, 436, or 437. A first party Certification of Completion and Final Acceptance, when appropriate by political sub -divisions, shall be made prior to the certifications made by the Iowa State Highway Commission's contracting or supervisory authority. (8) Audit Reporting At the conclusion of the audit, the audit staff will prepare a Certi- ficate of Audit indicating their conclusions and recommendations. The Certificate will be approved by the Chief Accountant and where exceptions are cited, a Schedule of Exceptions will be prepared. -Copies of these documents will be forwarded to the second party and the Department which originated the reimbursement agreement or contract. In addition, distribution of the Audit Certificate will be made to the Contracts Section and Federal Reimbursement Section of the Accounting Department to assure proper payment to the second party and proper bill- ing to FHWA. (9) Preparation of Vouchers - Vouchers in payment of second party invoices resulting from agreements with political sub -divisions, railroads and utilities will be prepared by the Contracts Section of the Accounting Department. Vouchers in payment of second party's claims subject to agreements with Road and Bridge Design Consultants and for Safety projects and Topics Projects will be prepared by the administering departments. PAGE 3 141CROFILI4ED BY JDRM MICR+LAS CFDAR RAPIDS - DFS I40IHF5 t;iiLItUFILMED BY JORM MILROLAB LLUAR RAPIDS AND As Specification 815 Supersedes 778 IOWA DEPARTMENT OF TRANSPORTATION Ames, IOwa Supplement Specification for EQUAL EMPLOYMENT OPPORTUNITY RESPONSIBILITIES ON NON FEDERAL -AID PROJECTS October 11, 1977 THE STANDARD SPECIFICATIONS, SERIES OF 1977, ARE AMENDED BY THE FOLLOWING ADDITIONS. THESE ARE SUPPLE -F MENTAL SPECIFICATIONS AND SHALL PREVAIL OVER THOSE PUBLISHED IN THE STANDARD SPECIFICATIONS. 1. General. a. Equal employment opportunity requirements not to discriminate and to take affirmative action to ensure equal employment opportunity are required by the Iowa Civil Rights Act of 1965 and Iowa Executive Order 15. The requirements act forth in this specification shall constitute the specific affirmative action requirements for project activities under this contract and supplement the equal employment opportunity requirements set forth in the above-mentioned Act and Executive Order. b. The contractor will work with the State and County Highway Departments in carrying out equal employment opportunity obligations and in their review of his/her activities under the con- tract. c. The contractor and all subcontractors holding subcontracts, not including material suppliers, of $10,000 or more will comply with the following minimum specific requirement activities of equal employment opportunity. The contractor will include these requirements in every sub- contract of $10,000 or more with such modification of language as is necessary to make them binding on the subcontractor. 2. Equal Employment Opportunity Policy, The contractor will accept as his operating policy the following statement which is designed to further the provision of equal employment opportunity to all persons without regard to their race, color, religion, sex, or national origin, and to promote the full realization of equal opportunity through a positive continuing program: It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, or na- tional origin. Such action shall include: employment, upgrading, demotion, or transfer: recruitment or recruitment advertising) layoff or termination, rates of pay or other forme of compensation, and selection for training, including apprenticeship, preapprenticaship, and/or on-the-job training. 3. Equal Employment Opportunity Officer. The contractor will designate &no make known to the State Department of Transportation's contract- ing officers an equal employment opportunity officer (hereinafter referred to as the EEO Officer) who will have the responsibility for and must be capable of effectively administering and promoting an active contractor program of equal employment opportunity and who must be assigned adequate au- thority and responsibility to do so. 4. Dissemination of Polfev,. a. All member. of the contractor's staff who are authorized to hira, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor'a equal employ- ment opportunity policy and contractual responsibilities to provide equal employment oppor- tunity in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum, (1) Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not lose often thanonce every six months, at which time the contractor's equal employment opportunity policy and its implemen- tation will be reviewed and explained. The meetings will be conducted by the EEO officer or other knowledgeable company official. (2) All now supervisory or personnel office employees will be given a thorough indoc- trination by the EEO Officer or other knowledgeable company official covering all major aspects of the contractor's equal employment opportunity obligations within thirty days following their reporting for duty with the contractor. (3) The EEO Officer or appropriate company official will instruct all employees en- gaged in the direct recruitment of employees for the project relative to the methods followed by the contractor in locating and hiring minority group employeos. b. In order to make the contractor's equal employment opportunity policy known to all employees, prospective employees and potential sources of employees, i.e., schools, employment agencies, labor unions (where appropriate), college placement officers, etc., the contractor will take the following actions: (1) Notices and posters setting forth the contractor's equal employment opportunity policy will be placed in areas readily accessible to employee:, applicants for employment and potential employees. MICROFILMED BY ` JORM MICR4LAB CFDAR RAPIDS • DFS MOINFS Page 2 MiCi(w IL4LJ BY JORM MICRULAB LLUAK kAPIJb AIIU JL'� I�.�'�. •-"•' (2) The contractor's equal employment opportunity policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, em- ployee handbooks, or other appropriate means. 5. Recruitment. a. When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer". He will insert all such advertisements in newspapers, or other publications, having a large circulation among minority groups in the area from which the project work force would normally be de- rived. b. The contractor will, unless precluded by a valid bargaining agreement, conduct system- atic and direct recruitment through public and private employee referral sources likely to yield qualified minority group applicants, including, but not limited to, State em- ployment agencies, schools, colleges, and minority group organizations. To meet this requirement, the contractor will, through his EEO Officer, identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority group applicants may be referred to the contractor for employment consideration. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, he is expected to observe the provisions of that agreement to the extent that the system permits the contractor's compliance with equal employment oppor- tunity contract provisions c. The contractor will encourage his present employees to refer minority group applicants for employment by posting appropriate notices or bulletins in areas accessible to all such employees. In addition, information and procedures with regard to referring minority group applicants will be discussed with employees. 6. personnel Actions. a. wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, re- ligion, sex, or national origin. The following procedures shall be followed: (1) The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treat - most of project site personnel. (2) The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. (1) The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates i that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persona. (4) The contractor will investigate all complaints of alleged discrimination made to the contractor in connection with his obligations under this contract, will at- tempt to resolve such complaints, and will take appropriate corrective action. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complain- ant of all of his avenues of appeal. 7. Traininq and Promotion. a, The contractor will assist in locating, qualifying, and increasing the skills of minority group and women employees, and applicants for employment. b. Conniatent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programa, i.e., apprenticeship, and on-the-job training programa for the geographical area of contract performance. Where feasible, 25 percent of apprentices or trainees in each occupation shall be in their first year of apprenticeship or training. c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of minority group and women employees and will encourage eligible employees to apply for such training and promotion. B, unions. If the contractor relies in whole or in part upon unions as a source of employees, the contrac- tor will use his/her beet efforts to obtain the cooperation of ouch unions to increase oppor- tunities for minority groups and women within the unions, and to effect referrals by such unions of minority and female employees. Actions by the contractor either directly or through a con- tractor's association acting an agent will include the procedures set forth below: a, The contractor will use beet efforts to develop, in cooperation with the unions, joint training programa aimed toward qualifying more minority group members and woman for member- ship in the unions and increasing the skills of minority group employees and woman so that they may qualify for higher paying employment. b. The contractor will use beet efforts to incorporate an equal employment opportunity clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, or national origin. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the con- tractor, the contractor shall so certify to the State Department of Transportation and shall set forth what efforts have been made to obtain such information. 141CROf ILMCD UY JORM MICR#LA13 ffDPp PPP@5 PL 61011I[S M11.itUHLMLJ BY JURM 141CROLAB CLUAk RANIUS AND ULA :iU::.u, •J+'. Page 3 d. In the event the union is unable to provide the contractor with a reasonable flow of minor- ity and women referrals within the time limit set forth in the collective bargaining agree- ment, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, or national origin, making full efforts to obtain qualified and/or qualifiable minority group persons and women. In the event the union referral practice prevents the contractor from meeting his/her obligations, such contractor shall immediately notify the State Department of Transportation. 9. Subcontracting. a. The contractor will use his/her beet efforts to solicit bide from and to utilize minority group subcontractors or subcontractors with meaningful minority group and female representa- tion among their employees. Contractors shall obtain lists of minority-owned construction firms from the State Department of Transportation. b. The contractor will use his/her best efforts to ensure subcontractor compliance with their equal employment opportunity obligations. 10. Records and Reports. a. The contractor will keep such records as are necessary to determine compliance with the contractor's equal employment opportunity obligations. The records kept by the contractor will be designed to indicate: (1) the number of minority and nonminority group members and women employed in each work classification on the project, (2) the progress and efforts being made in cooperation with unions to increase employment opportunities for minorities and women (applicable only to contractors who rely in whole or in part on unions as a source of their work force), (3) the progress and efforts being made in locating, hiring, training, qualifying, and up- grading minority and female employees, and (4) the progress and efforts being made in securing the services of minority group subcon- tractors or subcontractors with meaningful minority and female representation among their employees, b. All such records must be retained for a period of three years following completion of the contract work and shall be available at reasonable times and places for inspection by Guth- ' { orized representatives of the State Department of Transportation. c. The contractors will submit to the State Department of Transportation a monthly report for the first three months after construction begins and ovary month of July for the duration i of the project, indicating the number of minority, women, and non -minority group employees currently engaged in each work classification required by the contract work. This informs - tion is to be reported on Form PR 1391. i 11. Nonecg reacted Facilitlee. By Submission of thia bid, the execution of this contract or subcontract, or the consummation of this material supply agreement, as appropriate, the bidder, construction contractor, subcontrac- tor or material supplier, as appropriate, certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishment$, and that he does not permit his employees to perform their services at any location, under his control, where segregated facili- ties are maintained. lie agrees that a breach of this certification is a violation of the Equal Opportunity clause in this contract. As used in this certification, the term "segregated facil- ities" means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, timeclocka, locker rooms and other storage or dressing areas, parking lots, drinking foun- tains, recreation or entertainment areae, transportation, and housing facilities provided for employens which are segregated by explicit directive or are in fact segregated on the basis of race, creed, color, or national origin, because of habit, local custom, or otherwise. He agrees that (except where he has obtained identical certifications from proposed subcontractors and material suppliers for specific time periods), he will obtain identical certifications from pro•• posed subcontractors or material suppliers prior to the award of subcontracts or the consummation of material supply agreements, exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity clause, and that he will retain such certifications in his files. 12. Noncompliance. In the event of the contractor's noncompliance with provisions of this specification, the engineer may order the work suspended until disposition is made by the contracting authority. 141CROI ILMED BY JORM MICR+LA6 CEDAR BOPIP`mvii5 M1LI(OFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES HUINL:, Iur-.. AGREEMENTS/CONTRACTS Attached are - 4-1 unexecuted copies of 9 0.n.'! D 1) S—Iq7P /Cep R/ as signed by the Mayor. After their execution by the second party, please route 1) DoT Z) DoT 3) 007- 4) 6lr'�,(2a 5) a is to be responsible for completion of this procedure. Abbie Stolfus, CMC City Clerk �/I�p✓1.� /i1 , .� U�H"�'[ ..a �-�l v—,'N�c/J r'�( 4 i7LG.�""L /JA a O 6 V 7y(1 La_� t'V 4 ` llr MICROFILMED BY i y JORM MICR+LAB 1 crnnR RAWS •DES MOINB a !I i i M1LI(OFILMED BY JORM MICROLAB • CEDAR RAPIDS AND DES HUINL:, Iur-.. AGREEMENTS/CONTRACTS Attached are - 4-1 unexecuted copies of 9 0.n.'! D 1) S—Iq7P /Cep R/ as signed by the Mayor. After their execution by the second party, please route 1) DoT Z) DoT 3) 007- 4) 6lr'�,(2a 5) a is to be responsible for completion of this procedure. Abbie Stolfus, CMC City Clerk �/I�p✓1.� /i1 , .� U�H"�'[ ..a �-�l v—,'N�c/J r'�( 4 i7LG.�""L /JA a O 6 V 7y(1 La_� t'V 4 ` llr MICROFILMED BY i y JORM MICR+LAB 1 crnnR RAWS •DES MOINB MII.RDIILMEU BY JORM MICROLAB CLUAR RAPIUS ANU OLS I1U!:,LJ, ..1+II, I. RESOLUTION NO. 78-336 RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF INTENT TO ACCEPT A PROPOSAL TO PURCHASE AND REDEVELOP CERTAIN 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, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of '1974; and, WHEREAS, 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 i 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, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City of Iowa City, now desires to sell Urban Renewal Acquisition Parcel 95-5 to the University of Iowa; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant tothe authority granted by Section 403 of the 1977 Code of Iowa and Section S70.801(c) of Part 570, Title 24, Code of Federal Regulations, that the City Clerk is hereby authorized and directed to publish Notice of Intent to Accept i Proposal to Purchase and Redevelop Certain Urban Renewal Property, a copy of which notice is attached hereto and incorporated herein. i 3I BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to place on file and maintain for public inspection the Resolution and Agreement, referenced in said notice. The Resolution and Agreement referenced in said notice are attached hereto and hereby incorporated herein. J It was moved by deProsse and seconded by Erdahl that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perrot x Roberts x Vevera /38-:2 MICROFILMED 9Y DORM MICR+LAB FrnAR RAPM • nF5 MOPIFS CEDAR RAPIDS AND UES I1UIlit .o, of JUIv , 1978. mayor RECEIVED h APPROVED BX SHE LEGAL DEPARTMENT adG Y—MICROFILMor , i JORM MICR#LAB i crnAR RAP M OFF MOIMr.S M_ICi2UFILMED BY JORM MICROLAB CEDAR RAPIDS AND AS I,IUiiiL�, J1411 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) intends to accept a proposal and enter into a contract for sale of land for redevelopment for the following described real property in said Urban Renewal Area with the redeveloper identified below: Parcel Number Redeveloper Part of Dispo- The University of Iowa sition Parcel 95-2 (composed of Acquisition Parcel 95-5) A description of said real property may be ex- amined in the Office of the City Clerk, Civic Center, 410 East Washington Street, Iowa City, Iowa, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Persons wishing to review the agreement prior to the execution thereof and conveyance of a deed to the above described redeveloper may do so until August 28 at the Office of the City Clerk. The University of Iowa, as a public developer is exempt from the federal requirement of filing a "Redeveloper's Statement for Public Disclosure." Dated this 26th day of July, 1978. ABBIE STOLFUS City Clerk K,... 5,•-- . :41CROFIL14ED BY JORM MICR+LA6 CEDAR RAPIDS • DFS MOINES i M_ICi2UFILMED BY JORM MICROLAB CEDAR RAPIDS AND AS I,IUiiiL�, J1411 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) intends to accept a proposal and enter into a contract for sale of land for redevelopment for the following described real property in said Urban Renewal Area with the redeveloper identified below: Parcel Number Redeveloper Part of Dispo- The University of Iowa sition Parcel 95-2 (composed of Acquisition Parcel 95-5) A description of said real property may be ex- amined in the Office of the City Clerk, Civic Center, 410 East Washington Street, Iowa City, Iowa, between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Persons wishing to review the agreement prior to the execution thereof and conveyance of a deed to the above described redeveloper may do so until August 28 at the Office of the City Clerk. The University of Iowa, as a public developer is exempt from the federal requirement of filing a "Redeveloper's Statement for Public Disclosure." Dated this 26th day of July, 1978. ABBIE STOLFUS City Clerk K,... 5,•-- . :41CROFIL14ED BY JORM MICR+LA6 CEDAR RAPIDS • DFS MOINES MILROFILMLO BY JORM LIICROLAB RESOLUTION NO. CEDAk RAPIJS AND JLS PfU1:1Lo, •'J'„" RESOLUTION AUTHORIZING 111E 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, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, 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, 1976, and by Resolution Number 77-312, dated August 9, 1977; and, WHEREAS, the City of Iowa City and the University of Iowa did, on November 18, 1971, enter into an agreement for the sale of land, of which Acquisition Parcel 95-5 was a part; and, WHEREAS, the City of Iowa City now has possession of said parcel and is desirous of selling said parcel to the University of Iowa. 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 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 Redevelopment by A Public Body, by and between the University of Iowa and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to the University of Iowa: Acquisition Parcel 95-5 as more particularly described in said contract. Upon execution of the contract by the City and the University of Iowa, the City Manager is authorized and directed to prepare a deed for said property and deliver the deed to the University of Iowa upon receipt of payment for said property. It was moved by and seconded by.— that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: — Balmer deProsse Erdahl —' Neuhauser Ferret Roberts —'— Vevera 1 IIICROFIL14ED BY :( JORM MICR+LA13 MAR PAPIDS • DES MOINES 1 141CROFILMED BY JORM MICR+LAB i CEDAR RAPIDS • BES MOINES N h1100r ILMLD BY JORM MICROLAB LLDAR RAPIuS AND OLS :W AGREEMENT FOR SALE. OF LAND FOR REDEVELOPMENT BY A PUBLIC BODY AGREEMENT (hereinafter called "Agreement") made on or as of the day of , 1977, by and between the CITY OF IOWA CITY, IOWA, of the State of Iowa (hereinafter called "Agency") having its office at the Civic Center, in the City of Iowa City, State of Iowa, and the STATE UNIVERSITY OF IOWA, of the State of Iowa (hereinafter called "Public Body") having its offices in the City of Iowa City, State of Iowa, WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Law, Chapter 403 of the Code of Iowa 1973, the Agency has undertaken a program for the clearance and reconstruction or rehabilitation of slum and blighted areas in the City of Iowa City (hereinafter called "City"), and in this connection is engaged in carrying out an urban renewal project known as the "City -University Project I, Iowa R-14" (hereinafter called "Project") in an area (hereinafter called "Project Area") located in the City; and WHEREAS, 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, 1976, and by Resolution Number 77-312, dated August 9, 1977; 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, consisting of ("The Urban Renewal Plan,"dated September 3, 1969, by Resolution No. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, and as so constituted, is unless otherwise indicated by the context, herein- after 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 place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk of the City located at the Civic Center in the City; and, WHEREAS, in order to enable the Agency to achieve the objectives of the Urban Renewal Plan, and particularly to make land in the Project Area available (after acquisition and clearance by the Agency) for redevelopment by a public entity for and in accordance with the uses specified in the Urban Renewal Plan, both the Federal Government and the City have undertaken to provide, and have provided, substantial aid and assistance to the Agency through a Contract for Loan and Capital Grant dated September 2, 1970, in the case of the Federal Government. NOW, THEREFORE, each of the parties hereto, for and in consideration of the premises and the mutual obligations herein, does hereby covenant and agree with the other, as follows: Y• '�` 141CROFILI-IED BY ' JORM MICR¢LAB EFOAR RAPIDS ^fS MOINFS MILkUH LMLU BY JORM MICROLAB -2- LEDAR RAPIUS AND uLi %iuiaL,: ARTICLE I. GENERAL TEMIS OF CONVEYANCE 01' PROPERTY Sec. 1 Sale and Purchase Price. Subject to all the terms, covenants, and conditions of the Agreement, the Agency will sell certain real property in the Project Area more particularly described in Exhibit B annexed hereto and made a part hereof (which property, as so described, hereinafter called "Property"), to the Public Body for, and the Public Body will purchase the Property and pay to the Agency therefor, the amount of Thirty Nine Thousand Dollars ($39,000.00), hereinafter called "Purchase Price". Such payment shall be in cash, or by such check as shall be satisfactory to the Agency, at the time and place provided herein. Sec. 2 Conveyance. The Agency shall convey to the Public Body, upon payment in full of the Purchase Price by the Public Body, title to the Property by Special Warranty Deed. Said conveyance shall be to: "The State of Iowa for the Use and Benefit of the State University of Iowa". Sec. 3 Delivery of Deed. The Agency shall deliver the Deed and possession of the Property to the Public Body on October 15, or on such earlier date as the parties hereto may mutually agree in writing. Conveyance shall be made at the principal office of the Agency and the Public Body shall accept such conveyance and pay to the Agency the Purchase Price at such time and place. Sec. 4 Abstract of Title. Upon delivery of deed and possession, Agency shall also deliver to the Public Body such abstract of title as it has in its possession. ARTICLE II. PREPARATION OF PROPERTY FOR REDEVELOPMENT Sec. 1 Preparation of Property. The Agency shall, prior to conveyance of the Property and without expense to the Public Body, prepare the Property for redevelopment, which preparation shall consist of the following: Demolition of existing structures, backfill where necessary with suitable granular material to one foot below grade, and level to the grade with topsoil. ARTICLE III. CONSTRUCTION OF IMPROVEMENTS Sec. 1 Construction Required. Upon acquisition of Urban Renewal Acquisition Parcel 95-5, the Pu lic Body will redevelop both Urban Renewal Disposition Parcels 95-1 and 95-2 of which 95-5 is a part by construction thereon of a combination of open space landscaped area which will enhance the entrance to the addition to the Main Library of the University of Iowa, and surface parking for automobiles and bicycles, said parking not to exceed 400 of the total development area. In addition, the redeveloper may make such permanent improvements on the Property, at such times as it deems advisable, so long as any such permanent improvements are consistent 4.,... �}1. MICROFILMED BY I i JORM MICR+LAB CEDAfi RAPID: • DES MOINFS M MfuiWU ILMEU By JURM MICRULAB • LLUAR RAPIDS AND ULS ?iU;;lr J"" with the Urban Renewal Plan, this Agreement, and all applicable State and local laws and further specifically provided that any buildings erected upon the Property shall be set back at least twenty feet from the Property line where said Property line abuts a public street right- of-way. In addition, any buildings constructed on the Property shall have a maximum height of eight stories. Upon written request of the Agency from time to time, the Public Body will deliver to the Agency, _ to be retained by the Agency, plans with respect to the improvements to be constructed or otherwise made by the Public Body on the Property, in sufficient completeness and detail to show that the improvements and construction thereof will be in accordance with the provisions of the Urban Renewal Plan and this Agreement. The City Council of the City of Iowa City, Iowa, retains the power to waive all or part of the require- ments of this section when such waiver is deemed to be in the public interest. -Sec. 2 Time for Construction. The Public Body agrees for itself, its successors and assigns, and every successor in interest to the Property, pr any part thereof, and the Deed shall contain covenants on the part'of the Public Body for itself and such successors and assigns, that the Public Body shall begin the redevelopment of the Property through the construction of the Improvements thereon, within twelve (12) months from the date of the Deed, and diligently proceed to complete such construction within three (3) months from such date. It is intended and agreed, and the Deed shall so expressly provide, that the agreements and covenants of the Agreement pertaining to the Improve- ments shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be, to the fullest extent pennitted by law and equity, binding for the benefit of the community and the Agency and enforceable by the Agency against the Public Body, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein. Sec. 3 Report on Progress. Subsequent to conveyance of the Property or any part thereof to the Public Body, and until construction of the Improvements has been completed, the Public Body shall, upon written request of the Agency, make, in such detail as may reasonably be required by the Agency, and fo n+ard to the Agency a report in writing as to the actual progress of the Public Body with respect to such construction. During such period, the work of the Public Body shall be subject to inspection by the Agency. Sec. 4 Access to Property. Prior to delivery of possession of the Property to the Public Body, the AgenEy shall permit the Public Body access thereto, whenever and to the extent necessary to carry out the purposes of this and other sections or provisions of the Agreement; and, subsequent to such delivery, the Public Body shall permit access to the Property by the Agency and the City whenever and to the extent necessary to carry out the purposes of this and other sections or provisions of the Agreement. p`. 141CROFIL141D By � 1 JORM MICRALAO CrnRR PAT -in, nes Molars I9[LkUEILI.IED BY JURM MIGRULAB LEDAk RAPIDS AW uL'j .•iUl . Sec. 5 Certificate of Completion. Promptly after completion of the Improvements in accordance with the provisions of the Agreement, the Agency shall furnish the Public Body with an appropriate instrument so certifying. Such certification by the Agency shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Public Body, its successors and assigns, and every successor in interest to the Property, to construct the Improvements and the dates for the beginning and completion thereof. All certifications provided for in this Section shall be in such form as will enable them to be recorded with the Recorder of Johnson County, Iowa. ARTICLE IV. LAND USES Sec. 1 Restrictions on land Use. The Public Body agrees for itself, 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 Public Body for itself, and such successors and assigns, that the Public Body, 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, as the same may hereafter be amended and extended from time to time; and (b) Not discriminate upon the basis of race, color, creed, or national origin in the sale, lease, or rental or in the use or occupancy of the i Property or any improvements erected or to be erected thereon, or any part thereof. I Sec. 2Effect of Covenants; Period of Duration. It is intended and agreed, and the Deed shall so expressly p y provide, that the agreements and covenants provided in this Article IV shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as other- wise specifically provided in the Agreement, be, to the fullest extent per- mitted by law and equity, binding for the benefit and in favor of, and enforceable by, the Agency, its successors and assigns, the City, and the United States (in the case of the covenant provided in subdivision (b) of Section 1 of this Article IV), against the Public Body, its successors and assigns, and every successor in interest to the Property or any 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 that the Agreement and covenant provided (a) in subdivision (a) of Section 1 of this Article IV shall remain in effect until October 2, 1994 and shall auto- matically extend for five-year periods thereafter, unless changed by the City Council, and (b) in subdivision (b) of such Section 1 shall remain in effect without limitation as to time. Sec. 3 Enforceability by Agency and United States. In amplification, and not in restriction, of the provisions of Section 2 of this Article IV, it is intended and agreed that the Agency shall be deemed a beneficiary of the agreements and covenants provided in Section 1 of this Article IV, and 5 IdILROFILMCD BY DORM MICR+LAB f,FO�R RAP IpS qrs MOIOFS t4IwWiILMLO BY JORM MICROLAB CLUAk RAP LUS ANU UL; ; Iu L'a.l .5- the United States shall be deemed a beneficiary of the covenant provided in subdivision (b) of such Section 1, both for and in their or its own right and also for the purposes of protecting the interests of the com- munity and the other parties, public or private, in whose favor or for whose benefit such agreement and covenants have been provided. Such agreements and covenants shall (and the Deed shall so state) run in favor of the Agency and the United States for the entire period 'during which such agreements and covenants shall be in force, without regard to whether the Agency or the United States is or has been an owner of any land or interest therein to,- or in favor of, which such agreements and covenants relate. The Agency shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right, in the event of any breach of the covenant provided in subdivision (b) of.Section 1 of this Article IV, to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or.other proper proceedings to en- force 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 f Sec. 1 Representation as to Redevelopment. The Public Body represents and agrees that its purchase of the Property shall be for the.purpose of I redevelopment of the Property in accordance with the Urban Renewal Plan and the Agreement. Sec. 2 Prohibition Against Transfer of Property and Assipnment. The Public Body has not made or created, and will not, prior to the proper com- pletion of the Improvements, as certified by the Agency, make or create, or suffer to be made or created,' (a) any total or partial sale, conveyance, or lease of the Property, or any part thereof or interest therein, or (b) any assignment of the Agreement, or any part thereof, or (c) any agreement to do any of the foregoing, without the prior written approval of the - Agency. Such approval shall be on such condition as the Agency may in its exclusive discretion determine, including, but not limited to, the assump- tilo-'e:`y.the proposed transferee, by instrtunent in writing, for itself and its successors and assigns, and for the benefit of the Agency, of all obligations of the Public Body under the Agreement. ARTICLE VI. REMEDIES Sec. 1 Notice of Default. In the event of any default under•or breach of any of the terms or conditions of the Agreement by either party hereto, or any successor or assign of, or successor in interest to, the Property, such party or successor shall upon written notice from the other proceed to remedy or cure such default or breach within ninety (90) days after receipt of such notice. In case such action is not taken or 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 or remedy such default or breach or to 141CRO1 ILMED BY DORM MICR+LA13 CFDAR RAPIDS • DFS IWIIIFS i M1uXLJHL:4cO BY DORM 141CROLAB M CLUAk RAP W5 A11U uL� 'J"' obtain damages therefor, including but not limited to proceedings to compel specific performance by the party in default or breach of its obligations. Sec. '2 Terminationes Public Body. In the event that the Agency does not tender conveyance of the Property or possession thereof in the manner and condition, and by the date, provided in the Agreement and any such failure shall not be cured within ninety (90) days after written demand by the Public Body, then the Agreement shall at the option of the Public Body be terminated, and neither theAgency nor the Public Body shall have any further rights against or liability to the other under the Agreement. Sec. 3 Termination by Agency. In the event that prior to conveyance of the Property to the Public Body and in violation of the Agreement the Public Body (and any successor in interest) assigns or attempts to assign the Agreement or any rights herein or in the Property, or the Public Body does not pay the Purchase Price for and take title to the Property upon proper tender of conveyance by the Agency pursuant to the Agreement, then the -Agreement and any rights of the Public Body or any successor or assign of the Public Body or transferee of the Property under the Agreement or arising therefrom, with respect to the Agency or the Property, shall at the option of the Agency be terminated by the Agency. In such event, except for the right of the Agency to damages for such breach afforded by law, neither the Public Body (or assignee or transferee) nor the Agency shall have any fur- ther rights against or liability to the other under the Agreenent. Sec. 4 Delays Beyond Control of Parries. Por the purposes of the Agreement, neither the Agency no the Public Body, as the case may be, nor any successor of either of them shall be considered in breach of or in default under its obligations with respect to the preparation of the Property for redevelopment, or the beginning and completion of construction of the Improvements, or progress in respect thereto, in the event of enforced delay it.. the performance of such obligations due to unforeseeable causes beyond its control and without its fault or negligence, including, but not restricted to, n of •God, acts of the public enemy, act's of the Government, acts of the other party, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually 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 Public Body with respect to con- struction of the Improvements, as the case may be, shall be extended for the period of the enforced delay; provided, that the party seeking the benefit of the provisions of this Section shall, within thirty (30) 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. Sea 5 Rights and Remedies Cumulative. The rights and remedies of the parties to the Agreement, whether provided by law or by the Agreement, shall be cumulative, and 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 1 IAICROFIL1410 DY JORM MICR6LAB MAR PAPIM • O15 MOINPS f-)tLRUFiLMED BY JORM MICROLAB CEDAR RAPIUS AND JLS blal!ILJ 7 - J W I of its remedies fur any other default or breach by the other party. No waiver made by either party with respi•ct to the perfonrance, or in,nner or time thereof, or any obligation of the other party or any condition Lo its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party -or condition to its own obligation beyond those expressly waived and to the 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. No such waiver shall be valid unless it is in writing duly signed by the party waiving the right or rights. ARTICLE VII. MISCELLANEOUS PROVISIONS Sec. 1 Conflict of Interest. No member, official, or employee of the Agency shall have any personal interest, direct or indirect, in the Agreement, nor shall -any such member, official, 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 Agency shall be personally liable to the Public Body or any successor in interest in the event of any default or breach by the Agency or for any amount which may become due to the Public Body or successor or on any obligations under the terms of the Agreement. Sec. 2 Egj1alF.mplovmCnt 0pportunity. The Public Body, for itself, and its successors and assigns, agrees that it will include the following provisions of this Section 2 in every contract or purchase order which may hereafter be entered into between the Public Body and any party (hereinafter in this Section called "Contractor") for or in connection with the con- sttvction of the Improvements, or any part thereof, provided for in the Agreement unless such contract or purchase order is exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965: "Sec. Equal Fmpluvinent 022ort!Lj . During the performance of this contract, the Contractor agrees with the Public Body as follows: (a) The Contractor will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin, and after October 13, 1968, because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employ- ment, without regard to their race, creed, color, or national origin, and after October 13, 1968, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertiring; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Agency setting forth the provisions of this non-discrimination clause. MICROFILM BY -- JORM MICR( LAB CFMR RAPIM fl[5 MOINES MlLf<0 ILM D BY JURM MICRULAB CEDAR RADIUS AND USS (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for ndnafte`rent'witrout regard to race, creed, color, or national origin, 13, 1968, without regard to race, color, religion, sex, or national origin. (c) The Contractor will send to each labor union or representative - of workers with which the Contractor has a collectivebardednrbe prov,advi.ng agreement sing or other contract or understanding, anotice, the labor union or worker's representative of the Contractor's commit- ments 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 Contractor 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 Contractor will furnish all information 1165 and and reports by the rules, quired by Executive Order 11246 of September 24 24, 9, regulations, and orders of the Secretary of Labor or the Secretary of nt wil permit Housing and Urban Development pursuaandtaccountsaSecretary of labor by thelAgency, theess to the Contractors books, records, Secretary of Housing and Urban Development, and. the for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (f) in the event of the Contractor's noncompliance with -the non- th any discrimination clauses ofthis contract[ mayrber cancelled,uch rules, terminated, Or regulations, or orders, suspended in whole or in part and the Contractor may be declared ineli- gible for further Government contracts or federallythorizediassisted construction ive order 11246 contracts eaccordance with procedures of September 24, 1965, and such other sanctions may be imposed and remedies ruleked'eas gulprovided in Executiveder of OSecretary ofrder 11246 fLaboremorras4Otherwiser by provided by law. (g) The Contractor will include the provisions of Paragraphs. (a) through (g) of this Section in every subcontract or purchase order unless exempted by rules, regulations, or f the Secretary of Labor issued orders o pursuant trovisions2f 1965, wwillbeExecutive binding uuponorder each4subcontracSeptember or4 pvendor. o that such p The Contractor will take such action with the y Or construction of tract, subcontract, or purchase order as the Ag ncy Housing and Urban Development may direct as a means of enforcing such pro Housing including sancin tions for noncompliance: provided however, that ga the event the.Contractor becomes in in, or is threatened with, contractor or vendor andUrbanDevelopmen,the as result trr tion with a subContractor may Agency or the Department of Housing Protect the request the United States to enter into such litigation to p' interests of the United States." MICRONLIdCO BY JORM MICR46LAB crnnR Rnrins • nis !enn+rs 141CROFIL14ED BY 'I JORM MICR+LAE3 CFMR RAPIDS • OES MOINES MICRUFILMEU BY JORM MICROLAB -9- CEDAR RAPIDS AIIU UES h10F:IL. , :o+111 For the purpose of including such provisions in any construction contract or purchase order, as required by this Section 2, the mtheublic name ordy" and designation term "Contractor" may be changed to reflect appropriately of the parties to such contract or purchase order. Sec. 3 Notice. A notice or communication under the Agreement by either party to the other shall be sufficiently given or delivered if dispatched by receipt request registered mail, postage prepaid, return ed, and (a) in the case of a notice or communication to the Public Body, is addressed as follows: Ray B. Mossman Business Manager and Treasurer 114 Jessup Nall University of Iowa Iowa City, Iowa 52242 and (b) in the case of a notice or communication to the Agency, is addressed as follows: City Manager Civic Center 410 East Washington Street Iowa City, Iowa 52240 or is addressed in such other way in respect to either party as that party may, 4 i from time to time, designate in writing dispatched as provided in this Section. of the Sec. 4 A reement Survives Conveyance. None reasonthe ofpanyldeed transferring i Agreement is intended fromto theii beto the Public Body or any successor in j title to the Property provisions interest, and any such deed shall not be deemed to affect or impair the and covenants of the Agreement. i Sec. 5 Counterparts. The Agreement is executed incounterparts, shall constitute counterparts, each of which shall be deemed to be an original, and such count one and the same instrument. ARTICLE VIII. APPROVAL Sec. 1 This Agreement is subject to the approval of the State Board of Regents and the Executive Council of the State of Iowa and if not so approved, shall be null and void. ti 141CROFILMED BY JORM MICR+LAB CFDAR RAPIDS nr. MORIF.S MILROFILi1ED BY JORM MICROLAB • CEDAR RAPIDS AND UES WULNL�, :Uem IN WITNESS WHEREOF, the Agency has caused the Agreement to be duly executed in its behalf and its seal to be hereunto affixed and attested; and the Public Body has caused the same to be duly e� on or as of the day and year first above written. STATE UNIVERSITY OF IOWA By: Ray B. Mossman Business Manager & Treasurer APPROVED: STATE BOARD OF REGENTS By: Executive Secretary APPROVED: EXECUTIVE COUNCIL STATE OF IOWA By: Secretary CITY OF By:_ ATTEST: 141CRorILMCD BY � JORM MIC R+LAB CFDAR PAN DS • nEs momrs I i MILROFILi1ED BY JORM MICROLAB • CEDAR RAPIDS AND UES WULNL�, :Uem IN WITNESS WHEREOF, the Agency has caused the Agreement to be duly executed in its behalf and its seal to be hereunto affixed and attested; and the Public Body has caused the same to be duly e� on or as of the day and year first above written. STATE UNIVERSITY OF IOWA By: Ray B. Mossman Business Manager & Treasurer APPROVED: STATE BOARD OF REGENTS By: Executive Secretary APPROVED: EXECUTIVE COUNCIL STATE OF IOWA By: Secretary CITY OF By:_ ATTEST: 141CRorILMCD BY � JORM MIC R+LAB CFDAR PAN DS • nEs momrs I.1ll,i<0FILi4i0 BY JORM 141CROLAB LEUAR RAPIDS MID ULS RESOLUTION NO. 78-337 J n, RESOLUTION AUTHORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE OF INTENT TO ACCEPT A PROPOSAL TO PURCHASE AND REDEVELOP CERTAIN 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, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, 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, 1976, and by Resolution Number 77-312, dated August 9, 1977; 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 June 12, 1978; 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 Section 570.801(c) of Part 570, Title 24, Code of Federal Regulations, that the City Clerk is hereby authorized and directed to publish Notice of Intent to Accept Proposal to Purchase and Redevelop Certain Urban Renewal Property, a copy of which notice is attached hereto and incorporated herein. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed LU place on file and maintain for public inspection the Resolution, Agreement, and Proposal referenced in said notice. The Resolution and Agreement referenced in said notice are attached hereto and hereby incorporated herein. It was moved by deProsse and seconded by Perret that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer z deProsse x Erdahl x Neuhauser x Ferret x Roberts x Vevera MCBoru.MCD BY JORM MICR+LAB CrnAQ PAPM • nrS MOMrS / 3 83 U t41LROFILMED BY JORM MICROLAB CEUAR RAPIDS AND ULS AJ:NL'�, .vl111 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) intends 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 93-3 Anna and Robert Rath A copy of the proposal submitted, the Redeveloper's Statement for Public Disclosure which sets forth the name of the redeveloper; the names of its officers, principal members, and other parties having an interest of ten percent or more; and a copy of the Contract for Sale of Land for Private Redevelopment have been filed in the Office of the City Clerk, 410 East Washington Street, Iowa City, Iowa. Said documents are available for public examination from 8:00 a.m, until 5:00 P.M. Monday through Friday. Persons wishing to review the agreement prior to the execution thereof and conveyance of a deed to the above described redeveloper may do so until August 28, 1978. Thereafter the City Council of Iowa City, Iowa, will consider execution of the proposed agreement. Dated this 26th day of July, 1978. ABBIE STOLFUS City Clerk MICROFILMED BY 1 't JORM MICR+LAB CEDAR RAPIM • DES MOINES i'I IuRUF ILMLU BY DORM MICROLAB RESOLUTION NO. CEOAk RAPM ANO L)LS I•IUIlIL. 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, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, 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, 1976, and by Resolution Number 77-312, dated August 9, 1977; 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 of the City of Iowa City is now desireous of selling disposition Parcel 93-3 to Anna and Robert Rath 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 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 Anna and Robert Rath and the City of Iowa City, Iowa, a copy of which contract is attached hereto and incorporated herein, such land to be sold to Anna and Robert Rath Disposition Parcel 93-3 as more particularly described in said contract. Upon execution of the contract by the City and Anna and Robert Rath—' the City Manager is authorized and directed to prepare a aRZ for said property and deliver the deed to Anna and Robert Rath upon receipt of payment for said property. It was moved by and seconded by that the Resolution as read be adopted and upon roll call there were: 4• -4` r 141CROMMED BY 1 JORM MICR+LA9 CEDAR RAPID` • RFS MOINES 4 '� •� MICROFILMED BY { JORM MICR+LAB CFDAR RAPIDS • US MOINES • I _I j _I I i I i I - j I i I MICROFILMED BY JORM MICROLAB CEDAk RAPIDS AND ULS I'lUiNL„ :v,a• Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between Anna and Robert Rath and The City of Iowa City, Iowa 14]CRDf ILMCD DY ,}i ' JORM MICR+LAB I CEDAR RAPIDS • DU MDIIICS i MiLkUiILMLU UY JORM MICROLAB LEUAk RAPIu5 AND uL� CON'T'RACT FOR SALE OF LAND FOR PRIVATIi 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 119—, by and between 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 xJH Robt. & Anna Rath H ZSYclia&6hgaal0trzt8na9tdxxxASxztxgcxxcdnx�roGxxSIs�cgfr�mtncx8ttabexaR Xxxxxxxxx):XXXVKMIN26MXXO=NotM5Mgkivmftpm3e4 and having an office for the transaction of business at 221 Dey Building in the City of Iowa City , County of Johnson and State ofow> a, 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 in the City; 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. 2157, as amended from time to time and as it may hereafter be further amended pursuant to law, 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 place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 490 at page 408, and has been filed in the Office of the Clerk 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 by private enterprise for redevelopment in accordance with the Urban Renewal Flan, 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 I4ICRUf ILMEO BY ' JORM MICR+L.AB CEDAI! RAPIDS • DES MOIMfS i r'11LR0FILMLU BY JORM 141CRULAB LLUAR RAPIDS AN'J jL idualL:, in Schedule A annexed hereto and mmdc a part hereof (which property as so described is hureinal'tor 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 hest 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 to certain property described in Schedule A hereof: 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, hereinafter called "Purchase Price," are to be paid in cash or by certified 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 Ric property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth 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 the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and If of this Contract. BY MICROFILMCa , '1 JORM MICR+LAB (MAR RAPIM • DB MINIS hiiLkUf ILMEU BY JURM MICkOLAB LEUAR RAPIDS AUU OLS AU.;iL.-, (b) Time and Place for Deliver of Uceds. The City shall deliver the Dee an possession of 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 principal office of the City and the Redeveloper shall 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 property 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- veloper in advance of the closing on each parcel, an abstract of title showing 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 of title shall be at City expense and will be certified by a qualified abstracting company to 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) Delivery of Property. The City will deliver the property described in Schedule A hereof at the time set forth in Schedule i C hereof. The Redeveloper agrees to pay for and accept title of such property as called for in this Agreement and agrees to begin development promptly on the property conveyed within the time called for in this Agreement. Failure by the Redeveloper i to pay for and accept delivery of the urban renewal land as called fbr herein will result in forfeiture of the deposits posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Rede- veloper, 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 Redo- veloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its 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 have no other liability, direct or indirect, to the Redeveloper on account of delay or MICROf MED BY • JORM MIGR4LAB C(DAR RAN @5 • 91".S I401'IES M16WI- ILMLD BY JORM MICROLAB CEDAR RAPiJS AND DL`., 'iui:.L1 inability to deliver 'Incl to the Redeveloper as 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. (F) Default by Redevclo er. In the event the Redeveloper fails to accept t jeli�ery of an pay for one or more parcels of property, 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 forfeiture upon tile proper notice of e Redeveloper and terminate in its entirety except this Agreement not that forfeiture of this Agreement shall relieve Agreement astto property palready er of hdelbver1 edtosthe pRedeveloper5 SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the City, delivered to the City agood faith deposit or a surety bond in the penal amount of percent (10) o t e en purchase price _,in which othe rCity tis the obligee, issued by NSA company regularly engaged in the issuance of sue un er surety takings and on the list of surety companies approved by the United States Treasury for at least such amount, or case, or a certified check satisfactory to th $1450.00 e City in the amount of after Calle "Deposit," as security for the performanceofthe obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account Of the Purchase Price, as the the Agreement. case may be, in accordance with The Deposit, if cash or certified check, shall be deposited in an account of the City in a bank or trust company selected by it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retenti_ on by City Upon termination of the Agreement as ns provided in Sectio703 and 704 of fart 11 hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part II hereof. MICROFILMED OY DORM MICR+LAB CEDAR RAOIDS • IFS MOIKS hllu<UFILMLu BY JORM MICRULAB LEDAR RAPiu''j AND uL'. (d) Return to Redeveloper. Opou termination of the Agreement as provide in Section 702 or Part 11 hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part II hereof. SECTION 4. TIME I:OR 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 (to be submitted by Developer with his proposal). 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 i Housing and Urban Development. SECTION S. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- veloper shall submit Preliminary Design Plans as called for in Section 301 of Part II of this Agreement as soon as possible after the time for conveyance set forth in Schedule C hereof, and shall submit such plans in no event later than ninety days after offer accepted. (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 Preliminary Design Plans or Construction Plans are rejected by 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 reasons for needing such extension. SECTION 6. PERIOD OF DURATION OF COVENTANT ON USE The covenants pertaining to the use of the Property, set forth in Paragraph (a) of Section 401 of Part 11 heredi, 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 automatically extend for five year periods thereafter, unless changed by the City Council. 14]C20FILMEO BY 1 JORM MICR+LAB UPAR 9ArM CES MOINFS MILRUfIL4LO BY JURM MICROLAB CEDAk kANIDS AND L)LS �i�:��.�. •�^^ 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 221 Dey Building 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 or at such other address with respect to either such party as that 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. 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 attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. ~ 141CROFILIIED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES fj!CROFILMLD BY JORM MICROLAB CEDAR RAPIUS AND UES HUINLJ, iu+„ ATTEST: CITY CLERK ATTEST: SECRETARY CITY OF IOWA CITY, IOWA BY: MAYOR REDEVELOPER BY: PRESIDENT Y�...�K, . 141CROFILMEO BY JORM MICR+LAB CEDAR RAPIDS • DES MOVIES IQICROFILMED BY JORM MICROLAB CEDAR RAPIUS AND uLS MUlkLi, .JV'r' INDIVIDUAL ACKNOWLEDGEMENT STATE OF :ss COUNTY OF On this day of A.D., 19_, before me, a Notary Public in and for said County and State, personally appeared to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for County, State of My Commission expires ._..._ — �r tdICR0EILMCD BY n� JORM MICR+LAB UPAR RAPIDS • DCS MOINES `I I IQICROFILMED BY JORM MICROLAB CEDAR RAPIUS AND uLS MUlkLi, .JV'r' INDIVIDUAL ACKNOWLEDGEMENT STATE OF :ss COUNTY OF On this day of A.D., 19_, before me, a Notary Public in and for said County and State, personally appeared to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that executed the same as voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notary Public in and for County, State of My Commission expires ._..._ — �r tdICR0EILMCD BY n� JORM MICR+LAB UPAR RAPIDS • DCS MOINES FILMED BY DORM MICR¢LAB .� CFDAR RAPIDS • DCS MOINES MICROFIL14ED BY i JORM MICR+LAB +� CEDAR RAPIDS • DES MOINES MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DLS I•IUiPIL ,v,,, SCNEIIIILIi C 'I'IMB FOR CONHYANCH PARCEL NO. UA9'li 93-3 As soon as possible after offer accepted i I I C� r�-MICROHLMED BY JO RM MICR+LAB � CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUIYILj• ,U'n,, SCHEDULE D Improvement~ on the purcul IisleJ heleW will cominence and be completed in uecurduncu with the I'ulluwJng schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 93-3 Within one year of approximately closing depending on one year from weather I 141CRUILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES i I I I I I I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUIYILj• ,U'n,, SCHEDULE D Improvement~ on the purcul IisleJ heleW will cominence and be completed in uecurduncu with the I'ulluwJng schedule: PARCEL NO. COMMENCE ESTIMATED COMPLETION 93-3 Within one year of approximately closing depending on one year from weather I 141CRUILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES MiCiiUFILMLU BY JORM 141CROLAB CEDAR RAPIJS AND uLY ARTICLE .. PREPARATION OF PROPERTY FOR .,_JEVELOPMENT 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 for information purposes only, and that the City shall assume no liability for any defects or variance from the specifications for work previously completed. Provided, the drive-in bank facility located on Parcel 84-1 shall be caused to be demolished by the City prior to conveyance of said parcel and that any surface amenities located on Parcel 82-1b may be removed by the City. SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including current taxes, if any, relating to buildings 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, without expense to t a Re eveloper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to t e -traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer j or the developer's assigns. (a) Installation of Public Utilities - The installation or re- 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, instal- lations, 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 ear 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 by the Redeveloper and the water, 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, S„ - r..... 141CR01 IL141D BY 1 JORM MICR+LAB crnAP PAMM •176 MOINES i P!LkOFILMLU BY JURM 141CROLAB L UAk RAPIDS AND OLS hiV:i 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 OF CLAIMS AND JOINING IN PETITIONS OY REDEVELOPER. T e Redeveloper hereby waives as the purchaser of the Property under the Agreement and as the owner after the conveyance of the Property provided for in the Agreement) any 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, is to 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 extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE 11. RIGHTS 01' ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility 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 or referred to in Paragraph (a), Section 2 of Part I hereof. bLL1'ION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The iRedevelopers all not construct any building or other structure or improvement on, over, or within the boundary lines of any easement for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public utility. SECTION 203, ACCESS TO PROPERTY. Prior to the conveyance of the Property by the 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 to the 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. MICROFILMED BY { JORM M1CR+LAB PFDAG RAPIDS • Df$ MOI%ES Hit,k0i ILMLO BY JORM MICROLAB LLUAR RAPfuS ANU OL!, 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 to 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 hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- tion necessary to obtain all permits required by applicable codes and ordinance. 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 by the City within forty (40) days after the date of their receipt by the City Clerk. If 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 plans 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 provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. oFILMED By JORM MICR¢LAB (FMR RN`IM • !)FS MOVIES M1LkUiiUILD BY JORM 141CRO LAB CEUAk RAP1'JS AND uLS rfG J" SECTION 302. CIIANCES IN CONSTRUCTION PLANS. If the Redevoloper 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, 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 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 be begun 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 agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically i provided in the Agreement itself, be, to the fullest extent permitted by law and equity, binding for the benefit of the community and the j 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. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been 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 of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations 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 so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in 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, FILMED BY ' JORM MICR#LAB CFDAR RAPIPS • PES MOVIES P1iLi1Ul`ILMLO BY JOkM MlCk0LAb LEUAR RAPIuS AND uL >i l; that if there is upon the Property a mortgage insured, or held or owned, by the Federal (lousing Administration and the Federal (lousing Administration shall have determined that all buildings constituting a part of the Improvements and covurod 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 (lousing 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 I hereof, 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 relating to 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 (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 part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be 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 recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or 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 the City, for the Redeveloper to take or perform in order to obtain such certification. -r; ...e. MICROFILMED BY JORM MICR+LA6 F,FDAR RAPMI • SFS MOINES 1-11i iRUF ILMEU BY JOR14 MICROLAB ARTICLE IV CEOAk RAPIDS ANU ULS RESTRICTIONS UPON USE OF PROPERTY SECTION 401. RESTRICTIONS ON USE. The Rodeveloper agrees for itself, and its succossors 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 Redevelopor 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 Open Occupancy Building" in type or lettering of easily legible size and design. The work "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 federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. ON 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. 'It is intended and agreed, and the Deed shall so expressly probe, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any 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), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any 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 that 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 G of Part I hereof (at which time such agreement and covenant shall terminate) and that the agreements and covenants provided in MICROFILMED BY JORM MICR¢LAB CCOAA PAPiPS SES I40INC5 n11LRUI ILMLD BY JORM MICROLAB LLDAR RAPIDS AND uLS I'iu;ia_ wW„ 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 Re ovoloper itself, each successor in interest to the Property, and ovary 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 and assigns shall be deemed beneficiaries of the agreements and covenants provided 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) run in favor of the City and the United States, for the entire 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 land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the any breach of any such agreement or covenant, right, in the event of and the United States shall have the right in the event of any breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain 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 SO1. REPRESENTATIONS AS TO.REDEVELOPMENT. The Redeveloper grees t tits purchase of the Property, and its represents a0:a1 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 Redevelopor further recognizes that, in view of (a) the importance of the redevelopment of the Property to the general welfare of the community; MICROIALM[a BY • JORM MICR+LAB f.(MR 9A PI�ti e(S Idol?IES h1;uk0FILALO BY JORM 1.11CROLAB GLUAR RAPIDS AND uLS •iui�IL:, .0>, 11 (b) the substantial financing and other public aids that have been made available by law and by the Federal and local Governments for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction involving or resulting in a significant change in the ownership 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 cotmnunity 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. Fort e oregoing reasons, t e Re eveloper agrees for itsel , and all persons holding an interest therein, their heirs, successors and assigns that there shall be no charge 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, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing 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. SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OP AGREEMENT. Also, for -the foregoing reasons the Redeveloper represents ani agrees for itself, and its successors and assigns, that: (a) Except only (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to 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, I4ICROFILI410 BY 1 JORM MICR+LAB crDAP PAPIDS • OCS MORICS MiLROr ILi4LD BY JORM 141CROLA8 CLDAk RAPIDS AND uLS Yu�:IL, JV';' the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be 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. I (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 or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among the land records, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly i assumed all of the obligations of the Redeveloper under the'Agreement and agreed to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such 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 null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- senting the actual cost (including carrying charges) to the Redeveloper of the Property (or allocable to the part MICROHLMED BY ' JORM MICR+LAB CFMR RMIM • OLS MOPIF5 Mini<UF ILHLU BY JORM I.IICROLAB LLDAk RAPIUS AND uLS AUI;'L: G,ereof or interest therein transfo.red) 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 tronsfor of the Property for profit 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 obligations with respect thereto. SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in the effectuation of t e purposes of this Article V and the statutory objectives generally, the Redeveloper agrees 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 interest•or in the relative distribution thereof, or with respect to the identity of the 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 information; 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 other executive officer of the Redeveloper, setting forth all of the holders of interest in the Redeveloper and the extent of their respective holdings, and in the event any other parties have 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 the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. 141CROFILI-E0 BY DORM MICR+LAB CFOAP POPS • 7[5 MOINES i MiGtUH LMED BY JORM MICROLAB CEDAR RAPIDS AND )L',''!U;JiL_, ���•� ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the complotion ot the Improvements, as cert e 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 mortgage or other 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 of the provisions of t e Agreement, inclu ing but not limited to he those which are or are intended to be covenants running with 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 thereof as a result of foreclosure proceedings, or action nthereafin lieu thereof, but not including (a) any party w obtains title to the Property or such part from or through such holder, or (b) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by 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 Section or provision of the Agreement shall be deemed or construed to permit or authorize any such holder to devote the Property or any part hereof to any uses, or to construct any t improvements thereon, other than those uses or improvements provided or permitted in the Urban Renewal Plan and in the Agreement. - 141CROFILMED BY JORM MICR+LAB CEDAR RAPIPS - PFS I40RIFS MlC-Wi ILMLO BY JORM MICROLAB I CEDAk RADIUS AHU ULA SECTION 603. COPY OF NOTICE 01' DEFAULT TO MORTGAGEE. Whenever the City shall deliver any notice or demand to the Rodeveloper with respect to any breach or default by the Redevoloper 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 referred 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 Property covered 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 or completion 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 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 or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or 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 to any case, wnere, subsequent to aetnult or breach by tno neae- veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or �• `k�. KV MICROFILMCD BY 1 JORM MICR4�LAS MAP Rnrins. • nrs. M0114rS r•lk.ii iLMLJ BY JORM MICROLAb LEOAR RAPM AND uLS AUI ;,�_, (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 Property or 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 credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by 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 aggregatq 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 default or breach prior to the completion of the Improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or 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 or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien 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 always to the lien of including 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, of any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation or condition secured by such mortgage or deed of trust, including, but not limited to, the Federal Housing Commissioner, the Administrator of Veterans Affairs, and any successor in office of either such official. 141CROFIL14ED BY ' JORM MICR#LAB CF DAN RAPIDS • US 1101NF5 MiL.RUrIL EU BY JORM MICROLAB CLUAk RAPIDS AND ULS 'il,,hL, 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 in 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 thereof, 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 written demand 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 not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the i portion of the property not conveyed and this agreement with respect to the property not conveyed 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 for all expenses incurred or obligated by it and shall have no claim against the other party. ION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property to the Redeveloper, the Redeveloper is in 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 thereform with 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 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 14i CROFIL14Ce BY JORM MICROLAB Lf OAR RAPIM pF$ '401NC5 MlukUl'ILMLU BY JORM MICROLAb CLUAR RAPIDS AND oLS 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. (IEVES'IING TITLE IN CITY S11DSE IIIiN'I 'I'0 CONVEYANCE TO REUF.VEI In tie event that su Sequent LU conveyance of the Property or any 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 part 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' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, 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 Redeveloper, 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 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 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 �r.�r�, • MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DCS MOMIC 1.110(W ILMLO BY dORM MICROLAB LLUAR RAPWU AND ULy f•i�;a Improvements constructed thereon, and that such title and all rights and interests of the Redovoloper, 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) shall not apply to individual parts or parcels of the Property (or, in the case 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 1 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. SECTION 705. RESALE OF REACQUIRED PROPERTY: DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the 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 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 or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied; (a) 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 ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the 141CROPILI-IED BY JORM MICR¢LAB � CFINP, RAPIDS • nr5 !40RIFS jiUiOFILM O BY JORM MICROLAB LWAR RAPIDS ANU 0L''J ;IU,:IL , Property or part thereof at the time of revesting of title thereto in the City or to discharge or prevent from attaching or being made any subsequent oneumbrances or liens due to obligations, defaults, or acts of the Redevoloper, 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 e owing the Redeveloperdandyitspunts uccessorrorsy by the 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 actually invested 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 i the Agreement or the Property. j Any balance remaining after such reimbursements shall be retained by the City as its property. SECTION 706. OTHER RIGHTS AND REMEDIES OF CITY; t0 WAIVER BY DE The City shall have the right to institute such actions or proceed- ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file 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 �i the Improvements required to be constructed thereon 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 j and the revesting of title thereto in the assigns, in the Property, City: Provided, that any delay by the City in instituting se ing any such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waier of v prosecut such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the CLty should not be constrained (en as to avoid the risk of being deprived of or the remedy provided in this Section limited in the exercise of because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at a time when it may still hope otherwiseto 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. 141CROFILMCD BY JORM MICR+LAB MAR PAPID5 • MS 1,1011IFS 1-1IukOiILMEU BY JORM MICROLAB LEOAH RAPIU�> ANN BY CITY PRIOR TO CONVEYANCE OF FRUPEK'1-Y. bnoula at any time prior to the conveyance oI 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 promises, 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 title to such Property or any part thereof to the Redeveloper after making a good faith attempt to do so. SECTION 706. FOR CAUSE BEYOND CONTROL OF PARTY. For the purposes or any or the provisions or the Agreement, neither 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 respect 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�tTifs Section shall, within ten (10) 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 the parties to the Agreement, w et er provided by law or by the Agreement, shall be cumulative, and 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 thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyong those expressly waived in writing and to the 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. Y• 'r`r :dICROFILnCD OY JORM MICR+LAB MIAP RAPI!)S . nFS A:O:NCS t4ICR0FILMLD BY JORM MICROLAB • CEDAR RAPIDS AND uLS 1UINL�, .UV -11 SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The Ro ovelopor, for itself and Its successors and assigns, and for all other parsons who aro 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 of contract. MICROFILMED BY ;I JORM MICR#LAB CEDAR RAPIDS - DES MOVIES i I 1 .L.,; .. i t4ICR0FILMLD BY JORM MICROLAB • CEDAR RAPIDS AND uLS 1UINL�, .UV -11 SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS. The Ro ovelopor, for itself and Its successors and assigns, and for all other parsons who aro 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 of contract. MICROFILMED BY ;I JORM MICR#LAB CEDAR RAPIDS - DES MOVIES r-j!LkOrILMED BY JORM MICROLAB ARTICLE. VIII 801. CONFLICT OF CLDAk RAPIuS AHD uL'� MISCELLANEOUS NOT I a+nLL! IL1nDua. NO elemoer, orrlclal, or employee of the C ty 5 all aveTi-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, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations wider the terms of the Agreement. 1 SECTION 802• EQUAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for >tsel and its successors an assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will 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. (b) The Redeveloper will, in all solicitations or advertisements 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 understanding, 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. S r�" 141CROFIL1410 BY DORM MICROLAB CI"OAR PAPIPS . OES M014C5 i 1.11LRUFILME0 BY JORM MICROLAB LLUAR RAPID:) AND ou (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 thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with 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 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 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 Labor issued pursuant to Section 204 of Executive Order 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 involved in, or 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 protect the interests of the United States. 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 parts, Articles, anJ Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. MICROFILM By JORM MICR+LAB MAR PAPM • NFS %MINT'S 141t,tOIILML"U by JORM 141CROLAB LLDAR RAPIDS AND u'LJ RESOLUTION NO. 78-338 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, WIIEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University Project 1, Project Number Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the (lousing and Community Development Act of 1974; and, WHEREAS, 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, 1976, and by Resolution Number 77-312, dated August 9, 1977; 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, i WHEREAS, the City Council of the City of Iowa City is now desireous of selling disposition Parcel 103-3 and the parking lot to Capitol States Associates; 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 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 Ca itol States Associates an the City of Iowa City, Iowa, a copy oT which contract is attached hereto and incorporated herein, such land to be sold to Capitol States Associates Disposition Parcel 103-3 and the parking lot, as more particularly described in said contract. Upon execution o the contract by the City and Capitol States Associates the City Mnnager is authorized and directed to preparea deed or salt property and deliver the deed to Capitol States Associates upon receipt of payment for said property. It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted and upon roll call there were: 27 e S *`� MICROEILMCD BY - JORM MICR+LAB CEDAR RMInS • nES MOINES In y t-11CROF1LMEO BY JORM MiCROLAB CLUAR RAP10S ANU uLS hluillL�, wnn Res. No. 78-338 -Z- AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x x Neuhauser Perret x Roberts x Vevera x — Passed and approved this 7Fth day of Liy 1978. Mayor ATTEST: C>ty Clerk Q B' anLECdL EPROVED ARTNENT MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES P1ICR0FIU`IED BY JORM MICROLAB • CEDAR RAPIDS AND UEb IUiiiLj, ,Uwl Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between CAPITOL STATES ASSOCIATES A JOINT VENTURE and The City of Iowa City, Iowa MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I r i k 4 i I I P1ICR0FIU`IED BY JORM MICROLAB • CEDAR RAPIDS AND UEb IUiiiLj, ,Uwl Part I of CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between CAPITOL STATES ASSOCIATES A JOINT VENTURE and The City of Iowa City, Iowa MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 141L,0:1Li4E!) BY JORM MICROLAB CEDAR RAPIDS AND DLS .A,i,+L_ CONTRACT FOR SALE OF LAND FOR PRIVATE RIAIM10PMENT AGREEMENT, consisting of this Part I and Part 11 annexed hereto and made a part hereof (which Part I and Part 11 are together hereinafter called "Agro ment"), made on or as of the ! t Gi. y of 0 �e19 7Q , by and between the City of Iowa City, Iowa, a puL lie 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 itsCof ice at itol States the Civiciatesc Centeraljoint the City of Iowa City, State of Iowa, and P venture, organized and existing under the laws of the State of Iowa (hereinafter called "Redeveloper") and having an office for the transaction of business at 200 Plaza Centre One in the City of Iowa City , County of o nson and State of Iowa , WITNESSETH: WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the City has undertaken a program for the clearance and reconstruction 1 or rehabilitation of slum and blighted areas in the City, and in this l project (herein - connection is engaged in carrying out an urban renewa after called "Project") in an area (hereinafter called the "Project Area") located in the City; 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- and of ("The Urban Renewal Plan, dated September 3, 1969, by tion No. 2157, as amended from time to time and as it may hereafter be ! and as so constituted, is unless other - further amended pursuant to law, 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 place in which the Project Area is situated, namely, in the Office of Recorder in Book 490 at p the Johnson County age 408, and has been filed in the Office of the Clerk 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 by 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 and Said and asitance eptembers 2,s 1970, inthecase oofrthe Federal act for nGovernmeital ant dated 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 T • S? 141CROFILMFO OY • i� JORM MICR+LAB CEDAR RAPIDS • DFS MOM M11LkUF ILi4LU BY JORM MICROLAB LLUAk RAPIUS ANU oL`.:IU�.,L,, in Schedule A annexed hereto and made a part hereof (which property as so described is hereinafter callvd "I'rupvriy") and to redevelop the Property for and in acvordauce with the uses specified in the Urban Renewal flan and in accordance with the Agreement; and WIIERUAS, the City believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillmont 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 to certain property described in Schedule A hereof: 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: j SECTION 1. SALE: PURCHASE PRICE i 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, hereinafter called "Purchase Price," are to be paid in cash or by certified 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 To property by Special Warranty Deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequently provided for in Section 704, Part II, hereof, and to all other conditions, covenants, and restric- tions set forth or referred to elsewhere in the Agreement, be subject to: 1 (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the City to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric, telephone, and telegraph installations, rights-of-way and access, or as described or referred to in "Schedule A," description of property, attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Part I and II of this Contract. MICROFILMED BY ' JORm MICR+LAB CfnAR RAPIDS • at5 MOIaES P1iLIWI ILMLO BY JURM 141CRULAB GLOM RA'1J,) AND uL, !V, IL_ (b) Time and Place for Delivery of Deeds. The City shall deliver the Deed and possession of the property to the Redeveloper upon payment of the purchasr price in full upon such dates as called for in this Agreement. Conveyance shall be made at the principal uffice of the City and the Redeveloper shall 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- veloper in advance of the closing on each parcel, an abstract of title showing 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 of title shall be at City expense and will be certified by a qualified abstracting company to 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) Delivery of Property. The City will deliver the property described in Schedule 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 in this Agreement 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 i posted with the City by the Redeveloper attributable to such property, without limiting the City as to other remedies against the Redeveloper. In the event the City is unable to deliver the property as called for in Schedule C to the Rede- veloper, 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 Rede- veloper. If the City is unable to cure the default within the sixty (60) days as provided herein, the Redeveloper shall, at its option, stand relieved of its 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 have no other liability, direct or indirect, to the Redeveloper on account of delay or 141CROMMED BY 1 JORM MICR+LAB CfDAP PAPIDS • DGS Iomrs i Mi. tUi iLi1iU BY JORM MICROLAB LLUAA RAPIDS AND UL� •J11 ' inability to deliver land to the Redeveloper as 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. (f) Default by Redeveloper, In the event the Redeveloper fails to accept delivery of and pay for one or more parcels of property, 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 Redeveloper nor effect the right of the redeveloper, its successors, its assigns or lenders in and to property already delivered to the Redeveloper. SECTION 3. GOOD FAITH DEPOSIT (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the City, delivered to the City a good faith deposit or a surety bond in the penal amount of $ 3,600 Dollars, (ten percent (10) of the purchase price), in which the City is the obligee, issued by N/A _ a surety company regularly engaged in t e issuance of such under 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 the City in the amount of $3,600 Dollars, herein- after calla "Deposit," as security for the performance of the obligations of the Redeveloper to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the City as liquidated damages, or its application on account of the Purchase Price, as the case 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 it. (b) Interest. The City shall be under no obligation to pay or earn interest on the Deposit, but if interest is payable thereon such interest when received by the City shall be promptly paid to the Redeveloper. (c) Retention by City. Upon termination of the Agreement as provided in Sections 703 and 704 of Part 11 hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to Paragraph (d) of this Section, including all interest payable to such Deposit or the proceeds thereof after such termination, shall be retained by the City Agency as provided in Sections 703 and 704 of Part I1 hereof. s •r. " MICROFILMED BY ' JORM MICR+LAB MAP PAFII)s • PES MOVICS F1ilalllrILilcu BY JORM MILROLAb LEDAR kAPIUS AND oLS (d) Return to Redeveloper. Upon torminatiun of the Agreement as provided in Section 702 of Part II hereof, the Deposit shall be returned to the Redeveloper by the City as provided in Section 702 of Part 11 hereof. SECTION 4. TIME FOR COMMIiNCLMENT AND COMPLE'T'ION OF IMPROVEMENTS The construction of the Improvements called for in this Agreement shall be commenced and completed in accordance with Schedule D hereof (to be submitted by Developer with his proposal). 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 S. TIME FOR CERTAIN OTHER ACTIONS (a) Time for Submission of Preliminary Design Plans. The Rede- veloper shall submit Preliminary Design Plans as called for in Section 301 of Part II of this Agreement as -seas -as -possible after-the-Lime-for-eonveymnee-set-forth-#a-Sekeduie-6-heresfr and-shah•-sabmit-sueh-pians in no event later than 60 working days after execution of this Agreement. (b) Time for Submission of Construction Plans. The Redeveloper shall submit construction plans as called for in Section 301 of Part lI of this Agreement as soon as possible after approval of the Preliminary Design Plans by the City Council, and in no event, later than 150 days after approval of the Preliminary Design Plans by the City Council. (c) Time for Submission of Corrected Plans. In the event that Preliminary Design Plans or Construction Plans are rejected by 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 reasons for needing such extension. SECTION 6. PERIOD OF DURA'T'ION OF COVENANT 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 automatically extend for five year periods thereafter, unless changed by the City Council. I.1ICROFIL14ED BY JORM MICR+LAB CFMR RAPIM DES M0111r5 MILIIUFILMEO BY JORM LIICROLAB CEDAR RAPIDS AND ULS ?!U:lIL�, 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 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 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION B. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. 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 attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. Tr _OFILIIED BY JORM MICR+LAB CFDAR RAPIDS • DCS MOINES I MILIIUFILMEO BY JORM LIICROLAB CEDAR RAPIDS AND ULS ?!U:lIL�, 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 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 or at such other address with respect to either such party as that may, from time to time, designate in writing and forward to the other as provided in this Section. SECTION B. COUNTERPARTS The Agreement is executed in three (3) counterparts, each of which shall constitute one and the same instruments. 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 attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. Tr _OFILIIED BY JORM MICR+LAB CFDAR RAPIDS • DCS MOINES i M10k01iLMEO BY JORM 14ICRULAB City of Iowa City Iowa BY: Mayor CEDAk RAPIJ� AHU jLj Ar !:iL, ATTEST: L—C/fi/Li r_ SLI eC��z'p-1 City C1err,, Redeveloper: Capitol States Associates BY: Old Capitol Associates: BY: Old ICa/pitol Business Center Company (A Participant) Dated: AaV6,gQ o 29 z97f3Dated: 2!Z 2!Z /97p Hieron, Inc. (An Iowa nn Ioowa Corporation) Investments jInco/rporated (An Iowa Corporation) Sig ure (wilfreda Hier ymus) Signre (Jay C. Oehler President President Title Title 3322 Muscatine Avenue 200 Plaza Centre One Iowa City, IA 52240 Iowa Cit IA 52240 Address and Zip Code Address and Zip Co e BY: Meadow Link, Incorporated (A Participant) Dated: /j-py,60,01A 2-2 /0719 Mea('+ Link,If corporated (An IYLdiana Co P ation), (� Signature (Ivan Himmel) President Title 4415 West Harrison Street Hillside, IL 60162 Address an Zip Code BY: Midstates Development, Inc. (A Participant) Dated:�d',i4,1,g4, 22 0e9748 tater Development, Inc. Iowa Cgrporatio) 412 Pavonia Street Sioux City, IA 51101 Address and Zip Code ri t° 141CROFILIIED BY JORM MICR+LAB CFDAR RAPIDS • DCS NOIRES r4lus0 iLALd BY JORM NICROLAB STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) LEOAR RAP Ws AN its , :: L- On this 26 G�t day of RL1 A.D., 19�_ before me, a Notary Public duly comma sioned and qualified in and for said County and State, personally appeared� _A Al Iowa., Mayor of the City of Iowa City, Iow, ander y y City Clerk of said City, each being to be personally renown to be t e i3entical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at Iowa City, Iowa, the day and year last above written. I C / / jl,r ti�tAL �r f�� Notary Public in and for STATE OF IOWA ) SS: COUNTY OF JOHNSON) i On this aday of kove"A' A.D., 19 79 before me personally came and appeared Wilfreda Hieronymus, Jay C. Oehler, Ivan Himmel, and John S. Holtze, to me known and known to me to be the persons who executed the above instrument who being first duly sworn by me depose and state that they are members of the firm of Old Capitol Associates and that they executed the foregoing Agreement in the firm name of Old Capitol Associates and that they had authority to sign the same, and they did acknowledge to me that they executed the same as the act and deed to said firm of Old Capitol Associates for the uses and purposes mentioned therein. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. <.i �G✓�CI�..✓ Notary Public in and or +he S e7{ , rn I-IICROFILMEO By i JORM MICR6LAS rrnnR RAPIM • PFS M0IVS t I4ICROFILMED BY ' JORM MICR+LAB CEDAR NAPM •DES MINES MICROFILMED BY CI j JORM MICR+LAB CEDAR RAPIDS • DCS MOINES ■ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND 'UES HUINL�, I Part II i of ICONTRACT FOR jSALE OF LAND FOR PRIVATE REDEVELOPMENT By and Between ( !� CAPITOL STATES ASSOCIATES I A JOINT VENTURE f� and I The City of Iowa City, Iowa i I i �f MICROFILMED BY ;I � JORM MICR4LA9 CEDAR RAPIDS • DES MOINES 1411,i(0FILMED BY JORM MICROLAB LLUAR RAVIU�) Ann uu ARTICLE 1. PREPARATION Of PIIUI'LRVY VOR REOLVELOPMENT SE.CT_ION 101. DEMOL11ION A_NU SITL CLIARANCt. It is agreed that the Ci Cy'sf)aTl convey and the redeveloper shdll 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 for 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 uildings 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 result of the demolition of such buildings or structures shall belong to the City. (ON 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City, without expense to the Redeveloper or assessment or claim against the property, shall cause the restriction of traffic and construction of public improvements on existing street rights-of- way, and the construction of parking structures as specifically set forth in the Urban Renewal Plan. Provided, the City reserves the right to make future modifications to the traffic circulation system and to the public improvements when such changes are deemed necessary and in the public interest, and further Provided in the event that the City, after a good faith attempt to do so, is unable to construct the parking structures due to an inability to issue revenue bonds, the City shall be without liability to the developer or the developer's assigns. (a) Installation of Public Utilities - The installation or re- 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 by the Redeveloper and the water, 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, 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, 141CWILMED BY JORM MICR+LAB crnnr RAHDo • nrs MOPIB I•lui(UFILMLU BY JORM 1•IICRULAB CLUAR RAPIDS AND ULA :'!UiNLL SECTION 104. WAIVER 01' CLAIMS AND JOINING IN PITITIONS IIY RLDL'VEL011I.R. The I(! [((-(lnlier hereby w,iiveti (r, div purcata er of L)Ic 'Proporl.y under the Agreonent and as tha owner- of ter the C0114eyance of the Property provided for in the Agreement) dny and dll 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, is to 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 extent necessary, rezoning, and execute any waiver or other document in respect thereof. ARTICLE 11. RIGHTS OF ACCESS TO PROPERTY SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for itself, the City, and any public utility company, as may be appro- priate, the unqualified right to enter upon the Property at all reasonable times for the purpose of reconstructing, maintaining, i repairing, or servicing the public utilities located within the Property boundary lines and provided for in the easements described or referred to in Paragraph (a), Section 2 of Part I hereof. SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The nq Redeve oyer sha not construct any b 131ng or other structure or improvement on, over, or within the boundary lines of any easement t for public utilities described or referred to in Paragraph (a), Section 2 of Part I hereof, unless such construction is provided for in such easement or has been approved in writing by the City Engineer, or the authorized representative of an affected public j utility. SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the Property by the ity to t e Redeveloper, the City shall permit j 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 to the 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. II -2 MED BY MICROFILMED _ � 't JORM MICR+LAB CEDAR RAPIDS - DFS MOINES MiAULILMLU BY JURM 14ICROLAB CLUAR RAH" AND )L'� ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF IMPROVEMENTS; CERTIFICATE OF COMPLETION SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in this Agreement the term pre im unary design pians 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 to 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 hereof. It is expressly understood that the preliminary design plans shall be submitted to review by the City's Design Review Committee. Approval of such preliminary design plans by the City Council shall in no way relieve the redeveloper of the respon- sibility for obtaining all required permits and otherwise fully complying with all applicable state and local codes and ordinances. Following approval of preliminary design plans by the City Council the redeveloper shall submit construction plans and other informa- 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 by the City within forty (40) days after the date of their receipt by the City Clerk. If 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 plans 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 provided by the redeveloper on the property shall be in conformity with the preliminary design plans as approved by the City Council. Construction plans called for herein shall be consistent with and logical extensions of the preliminary design plans approved by the City Council. II -3 141 CROP I LMLO BY JORM MICR+LAB CrMR RAP@S • RFS nOlnCS MlLKW ILA LU BY JORM MICROLAB LLOAR RAPtUS ANJ Ute :!v:;,L., .J4 SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper ­_7esires to make any ny c>fanges in CFe_ preTiminary 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 OF IMPROVEMENTS. Ine neoeveloper agrees Tor itselr, its successors ana 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 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 be begun 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 agreed, and the Deed shall so expressly provide, that such agreements and covenants shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically 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. SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property, or any part thereof, to the Redeveloper, and until construction of the Improvements has been.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 of the Redeveloper with respect to such construction. SECTION 305. CERTIFICATE OF COMPLETION. (a) Within thirty (30) days after completion of the Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Redeveloper to construct, the Improvements (including the dates for beginning and completion thereof), the City will furnish the Redeveloper with an al-pru- priate instrument so certifying. Such certification by the City shall be (and it shall be so provided in the Deed and in 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, 11-4 MICROFILMED BY 1 JORM MICR#LA6 Cf MAR RAPIDS • ?FS MOVIFS Mi UAUI ILMLU BY JORM MICROLAB LLUAR RAPIJ� ANU uL� 'Wi:IL.' that if there is upon OP. Property a nm)rtgage.. insured, or held or owned, by the Federal liousinq Admin h;lration and the. federal (lousing Administration shell have determined that all buildings constituting a part of the. Improveyuents 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 I hereof, 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 relating to 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 (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 part or parcel so sold (or, in the case of lease, with respect to the leasehold interest) any rights or remedies or controls that it may otherwise have or be 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 recordation of deeds and other instruments pertaining to the Property, including the Deed. If the City shall refuse or 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 Redevelollr:r 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 the City, for the Redeveloper to take or perform in order to obtain such certification. „ r MICRON1.1411) BY ' 1 JORM MICR¢LAB rrnAP RAPIV, • nrs wol!+rs f MlwWf ILPILU BY JORM MICROLAB LLUAR kAPM Ak) OL, >IU• 1L-. ARTICI I IV. RI STRIC11DNS UPON USI of, PllonRTY SECTION 401. RISTRICTIONS ON USE. the Redeveloper agrees for itscll, 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 Open Occupancy Building" in type or lettering of easily leqible 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 federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. ON 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF DURATION. It is intended and agreed, and the ee s a so expressly provide, that the agreements and covenants provided in Section 401 hereof shall be covenants running with the land and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in the Agreement, be binding, to the fullest extent permitted by law and equity, for the benefit and in favor of, and enforceable by, the City, its successors and assigns, any 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), against the Redeveloper, its successors and assigns and every successor in interest to the Property, or any 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 that 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 I1-6 141CROFILMED BY ' JORM MICR6LA6 CEDAR RAPIM • n[5 6.iomr5 Vliu,(UrIL&U BY JORM MICROLAB CLUAk RAPIDS AND OLS •'lu,:lL", 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, an not in restriction of, the prov— is—' to o� the preceding Section, it is intended and agreed that the City and its successors and assigns shall be deemed beneficiaries of the agreements and covenants provided 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) run in favor of the City and the United States, for the entire period during which such agreements and 1 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 land or interest therein to or in favor of which such agreements and covenants relate. The City shall have the right, in the event of any breach of any such agreement or covenant, and the United States shall have the right in the event of any j breach of the covenant provided in subdivision (b) of Section 401 hereof, to exercise all the rights and remedies, and to maintain 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.nts an REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper represeagrees t at its pure ase o the Property, and its 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, in 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 for the purpose of making such redevelopment possible; and (c) the fact that a transfer of the stock in the Redeveloper or of a substantial part thereof, or any other act or transaction I1-7 141CROFILI-ED BY JORM MICR+LAB ((DAR RAPIP`, - DCS'40114FS MIi.RUriL&D BY JORM MICROLAB LEOAR RAPIJ�) AND UL!, involving or resulting in a significant change in the owner- 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 L 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, :1i.: Redeveloper agrees or�tseTf, and all persons holding an interest therein, their heirs, successors and assigns 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 d the Redeveloper through sale, assignment, merger, increased, capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the j Redeveloper represent that they have the authority of all persons i holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. a SECTION 503. PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OF AGREEMENT. Also, for the forego ng reasons t e Re eve oper represents an—agrees for itself, and its successors and assigns, that: (a) Except only i (1) by way of security for, and only for, (i) the purpose of obtaining financing necessary to enable the Redeveloper or any successor in interest to the Property, or any part thereof, to perform its obligations with respect to i acquiring the property and making the Improvements under the Agreement, and (ii) any other purpose authorized by the Agreement, and (2) asito 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, the Redeveloper (except as so authorized) has not made or created, and that it will not, prior to the proper completion of the Improve- ments as certified by the City, make or create, or suffer to be II -8 141CROFILIIEB BY 1 JORM MICR+LAB Cf OAR RAPIDS OES MOIRES FIiLRUFILMED BY JORM 141CROLAB LLUAR RAPIJ� ANU L)u :4U,:.L 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, a 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 or relates to part of the Property, such obligations to the extent that they relate to such part). (2) Any proposed transferee, by instrument in writing satis- factory to the City and in form recordable among 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 to be subject to all the condi- tions and restrictions to which the Redeveloper is sub- ject (or, in the event the transfer is of or relates to part of the Property, such obligations, conditions, and restrictions to the extent that they relate to such 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 null and void. (3) There shall be submitted to the City for review all instruments and other legal documents involved in effecting transfer; and if approved by the City, its approval shall be indicated to the Redeveloper in writing. (4) The consideration payable for the transfer by the trans- feree or on its behalf shall not exceed an amount repre- 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 11-9 Y •�'. MICROFILMCD BY 1 DORM MICR+LAB Cf DAR RAPIDS • nr5 MOMF! rli_kOr iLMLU BY JORM MICROLAB LLUAR RAPIUS AM) oL" :'w:�iL_ .u�^ 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 Purchdse 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- gations with respect thereto. ON 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In order to assist in t e e ectuatYon o t e purposes of t is rticle V and the statutory objectives generally, the Redeveloper agrees 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 interest or in the relative distribution thereof, or with respect to the identity of the 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 information; 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 other executive 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 parties have 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 the delivery of the Deed to the Redeveloper and as a condition precedent thereto, and annually thereafter on the anniversary of the date of the Deed until the issuance of a certificate of completion of all the Property. 11-10 -�'♦ 141CROFIL1I10 BY JORM MICR+LAB CrnAR RAPID. • 9rS MOVIF5 MILIWU ILAW BY JORM MICROLAB LEUAR RAPIDS AND DL`, ;Ioi;'L,, ,.• ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the completion of the Improvements, as certified 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 r } (a) funds only to the extent necessary for making the Improve- ments, 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 mortgage or other 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. (a) The following terms and provisions shall apply to loans and mort- gages made in connection with the financing of the construction of improvements upon the property subject to this agreement: Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are intended to be convenants running with the land, the holder of any mortgage authorized by the Agreement (including any such holder who obtains title to the Property or any part thereof, but not including (1) any other party who thereafter obtains title to the Property or such part from or through such holder, or (2) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by the provisions of the Agreement to construct or complete the Improvements 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 wtcaorILMED BY 1 JORM MICR6LA9 crnne RAPPM • nrs MDnirS NZ i MILkOF ILMLD BY DORM MICROLAB LEUAk RAPIDS ANU ULS �IUI;aJ, .•x+111 nothing in this Section or any other Section or provision of the Agreement shall be 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 improve- ments provided or permitted in the Urban Renewal Plan and in the Agreement. (b) The following terms and conditions shall apply to loans given and mortgages secured by unimproved land only: Notwithstanding any of the provisions of the Agreement, including but not limited to those which are or are intended to be covenants running with the land, the holder of any mortgage authorized by the Agreement (including any such holder who obtains title to the Property or any part thereof as a result of foreclosure proceedings, or action in lieu thereof, including (1) any other party who there- after obtains title to the Property or such part from or through such holder, or (2) any other purchaser at foreclosure sale other than the holder of the mortgage itself) shall in no wise be obligated by 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 Sect nor provision of the Agreement shall be 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 improve- ments provided or permitted in the Urban Renewal Plan and approved by the City. The City Council of Iowa City shall have the right to refuse approval of any building plans, uses and improvements deemed by it, in its discretion, to be inconsistent with the Urban Renewal Plan, Urban Renewal objectives, or public policy. -r ,...�..,_.41CROFIL14ED BY JORM MICR+LAB CrOAR RAPIDS • DFS I401NB r•11t,1Wi ILMLD BY JORM 141CROLAB CLUAR RAPWS AND UL� SECTION 60.3. COPY OF NOTICE OF �rFAIII.T TO MORTGAGEE. IJhenever the City sFall delJVT any notice or deniand'Co"the Redeveloper 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 referred o in ect on ereo 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 Property covered 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`—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 or completion of the Improvements (beyond the extent necessary to conserve or protect j 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 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 or any successor in interest to the Property, or any part thereof, to cure or remedy any default with respect to the construction of the Improvements on other parts or 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 veloper (or successor in interest) under the Agreement, the holder of any mortgage on the Property or part thereof (a) has, but does not exercise, the option to construct or complete the Improvements relating to the Property or part thereof covered by its mortgage or to which it has obtained title, and such failure continues for a period of sixty (60) days after the holder has been notified or informed of the default or breach; or II -12 ' 141CROMMED BY JORM MMMLA6 r EDAP PAPIP$ • DFS !401MF5 OiuQi ILNEU BY JORM 141CRULAB LLUAk RAPIUS AND Uu AUl :,L� (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 Property or 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 credits, including those resulting from collection and application of rentals and other income received during foreclosure proceedings); (ii) all expenses with respect to the foreclosure; (iii) the net expense, if any (exclusive of general overhead), incurred by 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 reac prior to the completion of the improvements by the Redeveloper, or any successor in interest, in or of any of its obligations under, and to the holder of, any mortgage or other instrument creating an encumbrance or lien upon the Property or 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 or remedies to which it shall be entitled by the Agreement, operation of law, or other- wise, to reimbursement from the Redeveloper or successor in interest of all costs and expenses incurred by the City in curing such default or breach and to a lien 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 always to the lien of nc 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" s a i include a deed of trust or other instrument creating an encumbrance or lien upon the Property, or any part thereof, as security for a loan. The term "holder" in reference to a mortgage shall include any insurer or guarantor of any obligation MICROFILMED BY ` 1 JORM MICR#LAB CFDAR RAPTV • 9r5 MOIDFS MILJWi i LALU BY DORM 141CROLAB CLUAR RAPIUS AND t1L; %1w.:1L.. or condition secured by such mortgage or deed of trust, including, but not limited to, the Federal (lousing 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 in 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 thereof, 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 written demand 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 not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, the City will refund to the Developer any good faith deposit tendered by the Redeveloper for such property or the portion of said good faith deposit reasonable allocable to the portion of the property not conveyed and this agreement with respect to the property not conveyed 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 for all expenses incurred or obligated by it and shall have no ?. claim against the other party. SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that prior to conveyance of the Property or a portion thereof to the Redeveloper, the Redeveloper is in 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 or a portion thereof upon tender of conveyance by the City pursuant to this Agreement, or the Redeveloper fails to cure any default or failure within sixty (60) 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 with respect to the City or the Property, or a portion thereof, 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 Deposit or any portion I1-14 1110orILMLD BY i JORM MICR+LAB CEDAR PAPIPS • PES 1401!1H t ILRUr ILMEU BY JORN FIICROLAB LEUAk RAPIUS AIIU LJL 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. ON 704. REVESTING TITLE IN CITY SUBSE DENT TO CONVEYANCE TO REDEVELC In the event that subsequent to conveyance of the Property or any 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 i real estate taxes or assessments on the Property or any part 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' lien, or any other unauthorized encumbrance or lien to attach, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged or provision satis- factory to the City made for such payment, removal, or discharge, within ninety (90) days after written demand by the City; or I (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 Redeveloper, 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 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 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 he in favor oand to f the City tofconveyedlby the Deede, and of ltotthehe rRedevel perihts and nandests II -15 q: _r� �•- 1CROFIL14ED By 1 DORM MICR<�LAB Cf D(tl! RAPIDS �f5 1401N(S MILRUFILMLU BY JURM MICROLAb LEUAR RAPIU�) AMU LjL •Ic:: "" 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) shall not apply to individual parts or parcels of the Property j (or, in the case 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. (3) shall not apply to any individual parts or parcels of the Property which have been previously conveyed to the Redeveloper and on which the Redeveloper is not in default. 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 whatsoever, in the event of a default, violation or failure of the Redeveloper as specified in this Section. i SECTION 705. RESALE OF REACQUIRED PROPERTY; DISPOSITION OF PROCEEDS. Upon the revesting in the City of title to the Property and any i 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 • 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 or part thereof in the Urban Renewal Plan. Upon such resale of the Property, the proceeds thereof shall be applied: (a) 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 ownership thereof by the City, the amount, if paid, equal to such taxes, assessments, or charges (as determined by the City assessing official) as would have been payable if the Property or part thereof at the time of revesting of title 11-16 S- e� .Y•—IdICROFILMED BY JORM MICRbLAB CEDAR RM'IDS • NS MOIRES MiLRUFILMLU BY JORN NICRULAB CEUAR RAVIUS AND UL', tui:,L:,, .��,• thereto in the City or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obllgdtions, defaults, or acts of the Redeveloper, its sucUSsoY•s 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 actually invested 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. TION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY. SECIty s a ave t e rig t to institute sue actYons or proceed- 'fie "j Ings as it may deem desirable for effectuating the purposes of this Article VII, including also the right to execute and record or file 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 constructed thereon 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 assigns, in the Property, and the revesting of title thereto in the City: Provided, that any delay by the City in instituting or prosecutYng ny such actions or proceedings or otherwise asserting its rights under this Article VII shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way (it being the intent of this provision that the City should not be constrained (so as to avoid the risk of being deprived of or limited in the exercise of the remedy provided in this Section because of concepts of waiver, laches, estoppel, or otherwise) to exercise such remedy at 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. MICROFILMED BY JORM MICR�LAB MAR RAVII)5 • nr5 MOIREh MILIWhILMLU BY JORM MICROLAB LLUAR RAPIDS AND SECTION 707, IMPOSSIBILITY OF PERFORMANCE BY CITY PRIOR TO CONVEYANCE OF -'"-I-7UMM. Sf uTd at any tt ein prior to the coiiveyence— o Ilse 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 title 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. For the purposes of any of the provisions of the Agreement, 'neither 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 respect 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 unusually 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 o tis Section shall, within ten (10) 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 o t e parties to t e greement, w et er provided by law or by the Agreement, shall be cumulative, and 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 thereof, or any obligation of the other party or any condition to its own obligation under the Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the 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. :11001 WIED By JORM MICR¢LAB MAR P.APIng. • P6 MOINB r11LRUiILMLD BY JORM MICROLAB CEDAR RAFIuS AND uL, SECTION 710. PARTY IN POSITION OF SURETYWITH RESPECT TO OBLIGATIONS. TfiiTedeveoper, fortse iTt` arms_ successors and ass g—f ns ari�fnr 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 of contract. ARTICLE VIII. MISCELLANEOUS SECTION 801. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID- UALLY o member, official, or employee oT the uiLy snari i 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, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Rede- veloper or successor or on any obligations under the terms of the Agreement. SECTION 802. EQENT OPPPORTUNITY. The Redeveloper, for — i seT an its successors an assigns, agrees that during the construction of the Improvements provided for in the Agreement: (a) The Redeveloper will 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. (b) The Redeveloper will, in all solicitations or advertisements for employees placed by or on behalf of the Redeveloper, state that the Redeveloper is an equal opportunity employer. 11-19 1001ILMED BY DORM MICR+LAB MAR RAPIDS - PLS MO RIES MiwWrlLMLO BY JORM 141CROLAb LLUAR HAVIOs ANU LJL (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 understanding, 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 thereto, and will permit access to the Redeveloper's books, records, and accounts by the City, the Secretary of Labor for purposes in investigation to ascertain compliance with such rules, regulations, and orders. I (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 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 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 Labor issued pursuant to Section 204 of Executive Order 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 invTd 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 protect the interests of the United States. 11 -20 :41CI10CILt4C0 BY 1 JORM MICR+LA9 Cf1IAP PAPI'1S '1f.` 1401%fS h11LROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLj, ue- 4 SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions o the greement are inten a to or s a 1 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 604. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, rtic es, an ections e o t greement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -21 FILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i I�I I I i h11LROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLj, ue- 4 SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions o the greement are inten a to or s a 1 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 604. TITLES OF ARTICLES AND SECTIONS. Any titles of the several parts, rtic es, an ections e o t greement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. II -21 FILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I�ICkOFIU4cU BY JORM 141CROLAB • CEDAR RAVIOS AND UES HUINLJ, oc„+ AGREEMENTS/CONTRACTS Attached are unexecuted copies of �, -„-I ,..... f � f L, �c-7.P as signed by the Mayor. After their execution by the/second party, please route 1) �n. ty /�JXc �vj ✓ 2) CC�eti�Za le,,,o C.P �c 3) 4) 5) P117 „ is to be responsible for completion of this procedure. Abbie Stolfus, CMC City Clerk (�sJ A,,KP �4'Cic �ilC/-L•u. CC• C!�i � Gu-LG%.�w 77�n_.t-�- �.r ��, /f, _0q1. YI MICROFILIIED BY JORM MICR+LAE CEDAR RAPIDS • DES MOINES u h1Ii,ROF1LMEU BY JORM 141CROLAB • CEDAk RAPIUS AND ULS Pluila„ .w+, RESOLUTION NO. 78-339 RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR REDEVELOPMENT ON URBAN RENEWAL PARCEL(S) 93 -1/101 -2 - LIGHTING PLAN WHEREAS, the City Council of the City of Iowa City, Iowa, has solicited Offers to Purchase and Redevelop Urban Renewal parcels; and, WHEREAS, the City Council has, under the terms of the land disposition agree- ment, reserved the right to approve preliminary design plans of all redevelopment to occur on Urban Renewal parcels; and, WHEREAS, Pentacrest Garden Apartments has submitted preliminary design plans for the redevelopment of Parcel(s) 93-1/101-2 in the Iowa City Urban Renewal Project; and, WHEREAS, said preliminary design plans have been reviewed by the City staff and the Design Review Committee; and, WHEREAS, recommendation from the staff and the Design Review Committee have been received by the City Council, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the preliminary design plans submitted by Pentacrest Garden Apartments for the redevelopment of Parcel(s) -93-77T027-2-are hereby approved, subject to the conditions and reservations set forth in Attachment A to this Resolution, which attachment is by this reference hereby incorporated herein; and, BE IT FURTHER RESOLVED that upon this approval, necessary permits may be issued for this development upon full compliance with all applicable codes and ordinances. It was moved by deProsse and seconded by Roberts that the Resolution as read be adopted and upon roll call there were: ! AYES: NAYS: ABSENT: X Balmer x deProsse x Erdahl _ x Neuhauser x Perrot s x Roberts x Vevera Passed and approved this 25th day of July 1978. Mayor ATTEST: , City C1, k eFIL14CB By JORM MICR+LAB r.rw RAPIDS DES Ido VJI. �, DEPAP�,NT /3 SS IQIi,RUFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL�, ,uv... ATTACRNENT A TO RESOLUTION NO. The approval of the preliminary design plans for.the redevelopment of Parcel(s) as set forth 93-1/101-2 submitted' -by, Pentacrest Gar den'Anartmenrs 19 in Resolution No. \dated is hereby made subject to the following conditions or reservations. 1. The lighting plan be revised /to show either the 400 watt bulb in a shielded fixture or the proposed fixture with a lower,_wattage bulb. 2. That similar l gh�g be used in the green areas rather than the roof mounted fixtures. MICROFILMED BY DORM MICR+LAB I MAR RAPIDS - XS MOINES i I 1 i IQIi,RUFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL�, ,uv... ATTACRNENT A TO RESOLUTION NO. The approval of the preliminary design plans for.the redevelopment of Parcel(s) as set forth 93-1/101-2 submitted' -by, Pentacrest Gar den'Anartmenrs 19 in Resolution No. \dated is hereby made subject to the following conditions or reservations. 1. The lighting plan be revised /to show either the 400 watt bulb in a shielded fixture or the proposed fixture with a lower,_wattage bulb. 2. That similar l gh�g be used in the green areas rather than the roof mounted fixtures. MICROFILMED BY DORM MICR+LAB I MAR RAPIDS - XS MOINES MILROPILMED BY JORM MICROLAB • CEUAk RAPIDS AND LAS ?1G1fIL>, ,u,,,1 ATTACHMENT A TO RESOLUTION NO. 78-339 The approval of the preliminary design plans for the redevelopment of Parcel(s) 93-1/101-2 submitted by Pentacrest Garden Apartments as set forth in Resolution No. 78-339 , dated Iu1y 7F i is hereby made subject to the following conditions or reservations. 1. The lighting plan be revised to show either the 400 watt bulb in a shielded r fixture or the proposed fixture with a lower wattage bulb for the parking lot e 2. Roof mounted fixtures will be provided with shields to direct light more directly downward. MICROEILMCD BY ,J JORM MICR#LAB CEDAR RAPIDS • DES MDINES i s 1 i I MICROEILMCD BY ,J JORM MICR#LAB CEDAR RAPIDS • DES MDINES i MII,ROFILMED BY JORM MICROLAB • CEDAR RAPIDS ANU UES MU illu, Ivru, RESOLUTION NO. 78-340 RESOLUTION AMENDING RESOLUTION NO. 77-410 AND PROVIDING FOR A POSITION CHANGE IN THE ADMINISTRATIVE PAY PLAN. WHEREAS, the City of Iowa City, Iowa, employs certain administrative personnel, and WHEREAS, it is necessary to amend the Administrative Pay Plan included in Resolution No. 77-410, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 77-410 be amended by: Establishing the position of Energy Program Coordinator in the Administrative Pay Plan in Group II. It was moved by deProsse and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 25th day of July 1978, MAYOR ATTEST: ao CITY CLERK IAICROFILMED BY DORM MICR+LAB CFDAR P.APIDS • DFS MOINES /386 I I MII,ROFILMED BY JORM MICROLAB • CEDAR RAPIDS ANU UES MU illu, Ivru, RESOLUTION NO. 78-340 RESOLUTION AMENDING RESOLUTION NO. 77-410 AND PROVIDING FOR A POSITION CHANGE IN THE ADMINISTRATIVE PAY PLAN. WHEREAS, the City of Iowa City, Iowa, employs certain administrative personnel, and WHEREAS, it is necessary to amend the Administrative Pay Plan included in Resolution No. 77-410, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 77-410 be amended by: Establishing the position of Energy Program Coordinator in the Administrative Pay Plan in Group II. It was moved by deProsse and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 25th day of July 1978, MAYOR ATTEST: ao CITY CLERK IAICROFILMED BY DORM MICR+LAB CFDAR P.APIDS • DFS MOINES /386 i Mit,,WrIUILD BY JORM MICROLAB LLDAk RAPIDS AtW J'u JV", City of Iowa City MEMORANDUM DATE: July 17, 1978 TO: City Council FROM: Neal Berlin, City Manager RE: Energy Conservation The FY79 operating budget provides two part-time positions in the area of energy conservation. It is the recommendation of the Resources Conservation Commission and the City Manager that these positions be combined into a single position known as the Energy Program Coordinator. The amount of funding for these two positions, $13,000, will be allo- cated to the single position. Funding for the HCDA portion of the fringe benefits will be taken from the CDBG contingency fund and added to the energy conservation budget. By having one person working on this program, a great deal more will be accomplished. The position will be a permanent full-time position subject to City Manager and City Council review after one year. Mr. Roger Tinklenberg, who has worked part-time on this position has developed a very comprehensive Energy Conservation Program Plan for FY79 (attached). The Plan details the energy conservation work program and schedule. The Resources Conservation Commission has approved the concepts of this Plan, although they may make some wording changes in it. The Energy Program Coordinator will be fully responsible for the administration and coordination of the program, and the work of the Resources Conservation Commission. The Energy Program Coordinator will report to the Assistant City Manager, because of the diversity of the program. bcl/1 ILROrILMCO BY JORM MICR#LAO CFPAR RAPIDS • OCS MOIRCS / 386 41CROFILMED BY JORM MICR+LAS 1 `� CFDRR P.RPIDS • MES MOINES 0ICi2UfILMLO BY JORM MICROLAB CEDAR RAPIDS ANO UL',' hiu:liL_ IOWA CITY ENERGY CONSERVATION PLAN -DRAFT PROPOSAL Many people in the United States have considered energy to be inexhaus- tible and, therefore, expendable; assumptions reinforced by the low cost of most types of energy. Buildings and mechanical devices, such as motor vehicles, have been designed to get a job done at the lowest initial cost, with little consideration given to the amount of energy used in its operation. Now, as easily -tapped resources of energy are becoming less available and consequently more expensive, the value of energy conservation is increasing at an equivalent rate. Resources can no longer be viewed as "income" but must be regarded as "capital", a commodity which must be used to achieve the highest return on investment possible and a commodity which must be reused over as many times as possible. I. THE CITY OF IOWA CITY. With an effective energy conservation and management program, the City will be able to maintain some control over the sky -rocketing costs of energy; for example, the costs of electricity and natural gas are expected to rise by 20% in the next year alone. By comparing this to the 9% inrease he ofcenergyiwillxtakeyear's budget, alargerproportion ofetheaFYt79 budgetkthangcosts they did in FY 78. This increase, in electricity and natural gas costs alone, will, in effect, reduce the 9% General Fund budget increase to an 8% increase. In summary, the City of Iowa City will not be able to provide as high a level of service as the City Council intended. To give an idea of the level of fuel costs which the City of Iowa Citand faces, the following table lists the combined electric, heating natural gas costs and the combined diesel fuel, lead-free gasoline, and regular gasoline costs for the last four years. FY 77 FY 76 FY 75 FY 74 Electric, Oil, and Natural Gas Cost: $339,795.21 $327,260.94 $290,198.30 $244,386.21 Diesel Fuel and Gasoline Cost: $170,793.82 $143.773.39 $140.937.42 $124.927.49 Total: $510,589.03 $471,034.33 $431,135.72 $369,313.70 Over $500,000.00 was spent last year on these various forms of energy; and the expected 20% increase in the electrical and naturaloneal The point is l gas costs will increase the City's energy costs by $ that energy conservation is no longer just the popular thing to do. It has become an economic necessity. To aid the City its tax money by conserving energy in its operations, the responsibly thefollowingsing components to an energy conservation program are proposed. S ,Y 20f ILMUD BY — i .� JORM MICROLAB CEDA2 R(tP1 DS DES MOINES I. MILRUFILMEU BY JORM M[CROLAB CLUAk RAV1US AND oLS pIUI:iL; A. Building Energy Management Ten m. The purpose of the Building Energy Management Team shall he to assist in preparing an energy conservation plan for the municipal buildings and implementing that plan. The responsibilities of the Building Energy Management Team shall be to: 1) Train or sponsor the training of individuals responsible for each building; 2) Plan and sponsor an ener building; 8Y audit of each municipal 3) Establish an energy budget for each building; 4) Establish energy conservation objectives for each building; 5) Prepare energy conservation tips and checklists for each municipal building; 6) Plan a municipal employee information program; 7) Find ways to involve the entire municipal employee group; 8) Explore use of outside consultants to help with audits, guidelines, cost and fuel projections, and design. The Building Energy Management Team shall be appointed by the City Manager upon the recommendation of the Energy Coordinator, with the exception of the two Resources Conservation Commission members who shall be appointed by the Resources Conservation Commission. The membership should include the Energy Coordinator, the Senior Building Inspector, the City Engineer, of the Resources Conservation Commissiontwo members , and one person responsible for each municipal building. The Building Energy Management Team shall coordinate their activities with the Resources Conservation Commission. B. Energy Budget. I 1. Develop an energy data base. The first step in developing an energy budget is to establish a data base for each building. An analysis of this data base provides a basis not only for decision making, but also for energy use monitoring and for evaluating the results of energy cota and a compar nservation Energylson Management Team to set priorities on the buildings to be upgraded. 2. Forecast the energy requirements and the energy cost of each building for the next year, given the best, the worst, and the average past weather conditions, based primarily on the degree-day variation. 14ICUILI410 BY JORM MICR+LA13 CEDAR RAPIDS . Df5 MDRICS fjI�RUFILMED BY JORM 1-11CROLAB CEDAR RAPIDS AND UCS MUIhL;, iuvJ,, 3. Compare similar buildings. This will give an indication of the relative efficiencies of each. 4. Establish an energy conservation goal for each building. Goals will vary from year to year. Eventually, the ultimate goal will be the maintenance of the highest degree of energy efficiency possible. 5. Determine if the building is paying the lowest possible utility rates. 6. Monitor the energy use of each building to determine if each is meeting its energy budget. Of course this will require adjustments for climatic variations. 7. Assess the effects of various energy conservation measures. 8. Advise and train fellow employees concerning work habits which can be changed to save energy. C. Building Inventory File. i Given the present lack of information and records concerning the municipally owned and operated buildings, a file must be established detailing the following: 1. Building name and location. 2. Year built. 3. General condition of building: a. excellent; b. good; C. fair; d. poor. 4. Original engineering plans and specifications and any alterations since the original construction. 5. Building descriptions: a. Building dimensions: Length x Width a Square Feet x Height - Cubic Feet; b. Occupied portion: Length x Width - Square Feet x Height . Cubic Feet; C. Stories: Single, Multi: Number split-level; d. Construction: Frame, cinderblock, or masonry, brick or stone, combination: type _; e. Siding: Wood, brick or stone masonry, stucco, wood shingle, asbestos shingle, fiberboard, aluminum, or combination; f. Insulation: Inches and type in ceiling, wall, and floor; g. Windows: Type, area, and percentage of wall area. 6. Building use and current floor plan. 7. Dynamic loading. 8. Type of HVAC system. 141CROFILMED BY JORM MICR�LAB CEDAR RAMPS • DCS MOIRES I•IlUi2UFIU4EU BY JORM 1.11CROI.Ab CEDAk RADIUS AIIU UES MUlkLi, ,Jell 9. Energy use data, energy budget, and the efficiency index for this type of building. 10. Copy of the findings of the energy audit performed on the building. 11. Corrective actions taken. 12. Name of person responsible for the building. This file will not only aid in conserving energy, but will also be useful for assigning office space, budgeting for capital improvements, new administrative and maintenance employee orientation, and for aiding in information retrieval for consulting architectural and engineering firms. D. Motor Vehicle Energy Management Team. The purpose of the Motor Vehicle Energy Management Team shall be to prepare and implement an energy conservation plan for the municipal motor vehicles. The responsibilities of the Motor Vehicle Energy Management Team shall be to: i 1) Analyze and monitor the energy use of the municipally owned and leased motor vehicles; 2) Train or sponsor the training of the vehicle operators and the individuals responsible for vehicle maintenance, if necessary; 3) Prepare an energy conservation checklist and tips for each type of motor vehicle; 4) Plan a municipal employee information program; 5) Recommend concerning the smallest size motor vehicle which can be used for a specific job, e.g. the use of sub -compact automobiles for making inspection trips. The Motor Vehicle Energy Management Team shall be appointed by the City Manager upon the recommendation of the Energy Coordinator, with the exception of the one or two Resources Conservation Commission members who shall be appointed by the Resources Conservation Commission. The membership should include the Energy Coordinator, the Transit System Superintendent, the Equipment Superintendent, the Streets Superintendent, the Parking System Superintendent, a representative from the Fire Department, a representative from the Police Department, and one or two members of the Resources Conservation Commission. 1 The Motor Vehicle Energy Management Team shall coordinate their activities with the Resources Conservation Commission. IIICROFILMED BY JORM MICR+LAB 1 MAR EAPIM • DFS MOINES MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES tiCUu_,, ,um, E. Motor Vehicle Inventory File. A detailed inventory of vehicles owned, their uses, and their gasoline consumption can have immediate and long-term benefits. The existing motor vehicle inventory is an excellent start in this area. One thing which must be added to the present inventory is what each vehicle is used for. This inventory provides a basis for matching existing vehicles with their most efficient use, and will help to plan future purchases to meet real needs. Information which should be noted as being particularly relevant to energy conservation, are the following points: 1. Description of vehicle: a. Year; b. Make; C. Model; d. Weight. 2. Expected replacement date. 3. Department or pool assigned to. 4. Location stored at. 5. Use: a. Type; b. Frequency. 6. Miles per gallon or hours per gallon performance. 7. Energy efficiency corrective measures: recommended and taken. B. Maintenance schedule. 9. Operator's manual. 10. Operator training necessary. F. Municipal Operations Energy Use Monitoring Program. The energy use of the various City operations shall be monitored and analyzed on a continual basis. The Energy Coordinator and the Building Energy Management team shall analyze and monitor 7 the heating fuel and electrical consumption of all the municipally owned and/or operated buildings. The Energy Coordinator and the Motor Vehicle Energy Management team shall analyze and monitor the fuel consumption of all of the City owned and/or operated motor vehicles. The Energy Coordinator shall analyze and monitor the energy consumption of all other City operations, such as the street lighting electrical use, at cetera. G. Intra -City Staff Communications. Until City employees understand the need for energy conservation, they will not change whatever past habits of energy wastefulness they may have. The employees must be made aware of what minor acts or habit changes - such as turning off typewriters or lights - will mean in terms of energy and money savings for their department and the City. Information can be passed on in the following ways: Y 141CROEILMEO OY ' JORM MICR+LAB CFRAR RAPIDS • DES MOIRES i f-jjLkOFIL14LU BY JORM MICROLAB CLUAR RAP I05 ANU uLS HUI7iL:,, .u..., 1. Newsletter. This could be distributed "in-house," on possibly a monthly basis. This can first describe the energy conservation program and then follow up with articles on successes in the program, recognition to successful energy savers, and new developments. 2. Posters. These would be placed in popular locations and serve as reminders to save energy. A possibility would be to have school children make posters for this purpose. 3. Signs and notices. A sign or notice near a particular piece of equipment or work place can be an effective reminder to change bad habits. 4. Suggestion box. This could serve as an effective means of soliciting ideas and suggestions from City employees who may, otherwise, be reluctant to express their ideas. 5. Workshops and seminars. It may be worthwhile, at the beginning of the conservation program, to conduct meetings for the employees to examine the national energy picture, the actions to be taken by the City, and the role of the employees. H. City Staff Commuting. While decreases in the number of City employees driving their own automobiles to work will not appreciably alleviate the parking problem in the downtown area due to the location of the City buildings, it will reduce the rush hour traffic congestion and reduce gasoline consumption in the City. The following methods can he used to reduce the number of employees commuting alone in their automobiles: 1. Car pooling. There are a number of car pooling methods which vary in the amount of time and investment needed, such as: a. Notice boards: A bulletin board is put up where car pool notices are posted by interested employees; b. Roster technique: A map of the City and surrounding areas is divided into grids; and paper, for people to write their names and telephone numbers on, is posted for each grid; C. Locater method: This method is very similar to the roster technique except that cards are used to identify interested employees and once a car pool is formed, the cards are placed together and designated as a formed car pool; a r.P 141CROFILMED BY JORM MICR+LAB cfDAR RANDS • DES MKS MILkJFILMLD BY JORM MICROLAb CLDAk RAVIJS AND tjL� :iu:;iL:, .�• d. Centralized matching technique: This technique requires some staff time for distributing questionaires to all employees, matching responses with employee locations, providing lists of potential car pool matches and telephone numbers for employees to call if interested in car pooling, and for registering car pools and keeping track of the number of car pools receiving incentives; e. Computer car pool matching: The computer matches residence, schedules, and the place of employment, and provides potential car poolers with a list of drivers and riders in their vicinity. Incentives should be provided to car poolers, in the form of a free, reserved, and marked parking space, to promote the habit. 2. Mass Transit. Maps and schedules of bus routes should be posted in convenient locations. Incentives should be given to the employees, in the form of one-half price or free bus passes. 3. Bicycle. To encourage bicycling, safe and convenient parking must be provided at all the work places. The City should also purchase the bicycle license for any employee wishing to ride their bicycle to work and provide one-half price or free bus passes for inclement weather. The following plan is one possible way of providing an integrated approach to reducing the number of commuter automobiles being driven to work. First, the City would eliminate the one half- price parking permits for City employees, making them pay the full price for a parking permit. Second, car pool drivers would be given free parking in reserved stalls. (A car pool will consist of three or more people. The car pool driver would have to turn in a monthly statement signed by his/her riders that he/she does drive for a car pool. Third, bicyclists who ride their bicycles to work would be given a free bicycle registration or license and a one-half price or free monthly bus pass for inclement weather. Fourth, any employee who rides the bus to work would be given a one-half price or free monthly bus pass. This approach could save the City money, as well as lower the employee's private gasoline use, because the one-half price bus passes would cost the City $4.00 as compared to $5.00 for the parking permits, and due to the additional $5.00 per parking permit per month from those employees who continue to purchase permits. Altering the established habits of driving alone to and from work is no simple task since the flexibility of individual transportation cannot be matched by any other transportation mode and discouraging single occupant vehicles will require publicity and strong incentives. I 141CROFILMED BY } JORM MICR+LAB CFI)AR RAPIDS • DCS 1.101"ICS W'; r•11CROHLMLU BY JORM 141CROLAB LLUAR RADIUS ANU uLy Information on the cost of running an automobile for commuting purposes should be advertised, including the potential savings of other forms of transportation. I. Solid Waste Review. An analysis must be performed on the current amount, composition, and trends of both municipally collected refuse and the total solid waste entering the landfill. This analysis will aid in projecting future capital expenditures and operating costs, and more importantly, will make future planning for recycling or resource recovery possible. A market analysis must be performed to identify potential outlets and prices for re- cyable marterials. This will allow a listing and comparison of recycling alternatives available to the City. It must be determined what type of recycling program would serve the City the hest. Given the present trend in environmental quality standards and availability of resources, there will be little choice, in the near future, over whether to have some type of recycling program or not. The newly enacted "bottle bill" will change the composition of the waste stream to some extent and further changes in the Federal or State statutes could radically i change the waste stream composition. In order to assess the impact of these changes on the local solid waste stream and their implication for the local recycling program, a solid base of information is needed. II. IOWA CITY COMMUNITY ENERGY CONSERVATION PROGRAM (CDBG FUNDED). The residents of Iowa City also use a lot of energy. In 1977, approximately 20,000 residential customers, in Iowa City, used over 115 million KWH (KWH - Kilowatt-hours) of electricity and over 41 million CCF (1 CCF 100 Cubic Feet) of natural gas, at a cost of more than $13.5 million. (Note: 41 million CCF of natural gas is almost twice as much liquid as what the Coralville Reservoir holds at its summer level, which is 23.4 million CCF of water.) This does not even include the heating oil or jliquid propane gas used by the residential sector. The total energy bill for the City includes the commercial, industrial, and transportation sectors as well. Iowa City residents recognize that energy conservation is important. In the May, 1977, People's Guide and Survey, it was ranked as the fourth most important issue. With this type of public support (between 61% and 85% support for the various components of energy conservation) it should be possible to achieve good results with an energy conservation program. To improve the efficiency of energy usage in Iowa City, the following projects will be implemented. A. Heat Lose Identification Project. The project goal is to reduce the real or potential energy use by the low and moderate -income families in the 403 Program Area (map attached) by pinpointing heat losses in their dwellings MICROFILMED BY i 1 JORM MICR6LAB CHAR PAPIDI • PFS MOINES r•11uwr101LU BY JOHM 14ICkOLA6 PM 1,11LRUFILMLO BY JORM MICROLAi CLUAR RAPIOS A11U uL� '1U:;IL, and by increasing their participation in the Iowa City Housing Rehabilitation Program. This will not only reduce the families' energy bills by reducing their demand for energy, but will also reduce the amount of thermal pollution, disruption of natural energy cycles, and the destruction of the landscape. The long-term objective is to survey all of the single family and duplex residential structures in the 403 Program Area, and distribute information concerning the Iowa City Housing Rehabilitation Program to the dwelling owner. The Program Area is divided into four parts, and each area will be surveyed prior to moving on to the next area, beginning with Area A and continuing on to Areas B, C, and D. The people in each area will be notified prior to the initiation of the project in their area, to increase their awareness of the energy and financial resources wasted because of a lack of proper winter- ization and to inform them of the Heat Loss Identification Project. The project will be initiated with intensive publicity to acquaint the residents of the 403 Program Area with not only the project itself, but also with the need for it and for energy conservation in general. A photograph of the front of each dwelling in the Program Area will be taken, from a public right-of-way, with a thermal scanning instrument. The photograph will show the amount of Infared radiation from each part of the dwelling's outside wall shown. The photograph will Indicate the quality of the insulation and weather sealing and will indicate whether there is a hent loss problem or not. This photograph, and informational material concerning methods of improving a building's energy efficiency, rehabilitation financing possibilities, and CDBC Housing Rehabilitation grant and loan eligibility criteria will be presented to the property owner. If the property owner requests photographs of the entire structure, this will be done with the resident's permission to enter the property. The photograph of one side of the building will be enough to indicate the general condition of all the walls and show if there is a heat loss problem. The purpose of the additional photographs will be to provide specific information concerning each individual wall for the actual upgrading of the structure. The Heat Loss Identification Project indirectly contributes to housing improvements within the Program Area in the following ways. 1. Due to the photc;^,raphic scanning of the walls of each residence in the Program Area, the property owners will be able to pinpoint heat loss problems in their structures. 2. The project offers counsel on energy conserving techniques and small improvements such as caulking, weather stripping, et cetera which can be done by the owner. S ter MICROMMED BY .� JORM MICR+LAB Cf OAR P.N'IPi • OCS momrC MILkOFILMLO BY JORM MICROLAB LLOAk RAPIDS AND )LS �1 ilio By virtue of the widespread, on—site activities, the Heat Loss Identification Project serves as a mechanism for disseminating information concerning the CDBG Housing Rehabilitation Program and helps to identify properties and families which may qualify for Housing Rehabilitation financing. Direct property improvements are made by property owners through private resources or in coordination with the Housing Rehabilitation Program. Physical construction, reconstruction, and/or demolition are not associated with the Heat Loss Identi— fication Project activities. All residential properties or residential portion of a property in the CDBG Neighborhood Improvement Area (403 Program Area) will be included in the Heat Loss Identification project. For any residential property located outside of the program area to be photographed and analyzed, either the property owner will have to pay a set fee or the City will have to refund, to the CDBG Fund, a set fee from some other fund because the Block Grant money is available for this purpose only in the 403 Program Area. Any commercial property, with the exception of rental residential property, will also have to pay a set fee for this service. At all times, use of the thermal scanning Instrument in the Program Area will have priority over the use of it elsewhere. All low and moderate—income home owners in the Program Area will be eligible for Housing Rehabilitation Program grants or loans from the Department of Housing and Inspection Services, according to the eligibility standards published in the Rehabilitation Financing Handbook. Pilot Solar Demonstration Project. The project goal is to investigate and test the applicability and, if possible, demonstrate the advantages of using low coat, low technology solar installations in Iowa City. The project objective is to install and monitor the effectiveness of various low technology, low coat solar systems available. These systems will be evaluated for applicability to Iowa City residences. Up to four low cost solar demonstration units will then be installed on low income family residences in the 403 Program Area, and neighborhood seminars will be conducted during the construction and installation of the units in order to educate the public on the construction and use of low technology solar systema. Project participants will be found by soliciting volunteer families from the 403 Program Area by means of public announce— ments in the news media and energy conservation publications. Low income families will be eligible for complete funding of the unit up to $4,500. Each family's needs and solutions to those needs will be determined by the staff, the family involved, and the Resources Conservation Commission. `- I-IICROFILI4ED BY ' JORM MICR+LA8 MAR RAPIDS • nC5 MOIRFS f-jlwtUiILMLD BY JURM MICRULAB CEUAR RAPIDS APlU oLS :'lUl;iL�, 'Jylr� Prior to the construction of the unit, the families in the neighborhood will be notified and invited to a seminar to he held on the participant's yard. The City and the participant will contract with a manufacturer, organization, or individual to construct and install the solar collector and conduct a seminar to instruct people on the concepts of solar energy. The energy use data of the previous three years will be assembled for each home and compared to the energy usage, for at least one year, after the installation of the system. This monitoring will provide an indication of the effectiveness of the system. The energy cost savings then will be compared to the system cost to determine the cost effectiveness of the system. Improvements may include a wide variety of activities including the installation of a low technology solar collector, the Installation of adjustable window screening to block direct solar exposure in the summer and permit director solar exposure in the winter, minor building modifications, or the planting of trees or shrubs to provide summer shading or winter windbreaking. To be considered for a solar demonstration project grant, the applicant must be in compliance with the following criteria: 1. The applicant must be the owner -applicant of a one or two dwelling unit structure that is all residential in character and is within the 403 Program Area, or I 2. The applicant must he a purchaser -occupant of a one-two family all residential dwelling under a land sales contract in effect for at least twelve months, and is within the i 403 Program Area, and 3. The applicant must meet the following financial qualifications: a. Have liquid assets not in excess of: $10,000 for a one person household; $15,000 for a two person household; $20,000 for a three or more person household. b. Monthly income considerations: 1. We will collect and report the following gross monthly income data: (a) base pay for head of household, spouse, other family members. (b) any other earnings (other jobs, etc.) or ILMCO BY f JORM MICR+LA9 Cf OAR PAPIOS • KS MOINES MILROFILMED BY JORM MICROLAB CEDAR RAPIDS AND OLS f -IU ilio, .Jell' (c) net income from property being retrofitted (groes income minus operating expenses.) (d) any other income source (interest, etc.) (e) income from social security, pension, annuities, general relief, ADC. 2. We will then adjust downward the income of the household by deducting: (a) 10% of b.l.(a)—(d) above for Federal, State, and local taxes, or (b) 25% of b.l.(e) above for fixed income consideration, and (c) $25.00 per each child under 18 years of age or a full—time student dependent residing in the home to be retrofitted. I C. Maximum income. Have an adjusted annual income for the household which does not exceed: ; 1. $ 8,450 for a one person household 2. $ 9,650 for a two person household 3. $10,850 for a three person household 4. $12,100 for a four person household I 5. $12,850 for a five person household 6. $13,600 for a six person household 7. $14,350 for a seven person household 8. $15,100 for an eight plus person household. The amount of a Solar Demonstration Project grant that an applicant, whose income and liquid assets are in accordance with the established formulas, may receive shall not exceed the actual (and approved) cost of the collector unit, building modifications, or tree planting. A minimum of two grants will be made. C. Energy Monitoring Project. i The purpose of this project is to evaluate the effectiveness jof the other projects and to provide accurate, dependable data on energy usage to decisions makers. Two types of information will be collected. First, the energy usage (electricity and gas or oil) for those homes which have been thermally upgraded or retrofitted with a solar device will be collected for at least one year prior to the upgrading and one year after the upgrading. The energy usage for the two periods will be compared based on the number of heating C ±�^ MICROFILMED BY ;1 JORM MICR+LAB CFDAR RAPlnS • DES MOINES Mii LRUF ILMLO BY JORM MICROLAB CEDAk RAPIDS AND DLS AUi:IL. �+ and cooling degree days for each period. The metyfeof families analysis will be preformed on the home energy usage o who volunteer for this project but who have not participated in the Housing Rehabilitation Program. This will measure the effectiveness of. the Housing Rehabilitation upgrading and/or the Pilot Solar Demonstration Project. Second, gross energy usage by the residential, commercial, and lity industrial sector will be compiled compiledfrom ifrom taxords, and records. transportation energy use will Both types of data will be recorded and analyzed monthly and annually to spot trends and measure program effectiveness. The building energy use data will be correlated with the changes in the amount of square footage of building space within the various sectors in Iowa City. The motor vehicle energy use data will be correlated with changes in the number of motor vehicles registered in the area. This analysis will be used to suggest and design future energy conservation projects. The project will result in a monitoring of the effectiveness of the other energy conservation projects and higher quality decisions made concerning future projects. D. Public Awareness Project. The first objective, of this project, is to increase the public's understanding of the need for and the methods of conserving energy. The second objective is to inform the public concerning the Heat Loss Identification Project, the Pilot Solar Demonstration Project, and the Energy i ring Project. An energy conservation tabloid will continue to be published and mailed to Iowa City residents semi-annually. The tabloids usually provide a brief background on energy and then specify methods of conserving energy which the average household can, and should, engage in. Other promotional materials, such as fliers and energy conservation checklists, will be distributed as necessary. This project not only provides publicity for the various conservation projects, but also provides for energy conservation workshops for families from the 403usa e. Program Area on how to monitor and reduce their energy g MICRORILIdCO BY 1 DORM MICRbLAB CEDAR PAPIM • OES MOINES hIILRDFILMLD BY JORM MICROLAB CONCLUSION • CEDAR RAPIDS ANU uLS 1J1111 Americans use more energy per person than any other people in the world. We have only 6% of the world's population, but we use about one- third of all the energy consumed on this globe. Our total national energy cost in 1975 amounted to about $170 billion, and each year this cost is steadily rising. We in Iowa City cannot do much by ourselves to reduce the national demand for energy or to prevent possible shortages in the future, however, we can make a contribution which, when added to other efforts nationwide, is significant. Conserving energy, like dieting, is not done all in one step or in one day. Energy conservation is accomplished by small changes in our habits, by thinking a little before we act, and by planning ahead so that we will be spending our energy - and thus our money - more wisely. The implementation of this Energy Conservation Program plan will enable the City and its residents to do just that. 141CROFILMED BY JORM MICR+LAB CFOAR RAPIDS • OES MOINES I.11CROFILMEU BY DORM MICROLAB CEDAR RADIUS AND OLS AU ifIL., .uon JULY ENERGY CONSERVATION PROGRAM FY79 GENERAL FUND ACTIVITIES PROGRAM COORDINATOR: ROGER TINKLENBERG T - Establish the building energy management team (BEt . - Establish the motor vehicle energy management team (MVEMT). - Begin collection of data on municipal buildings for the inventory file. - Analyze and report on the solid waste stream entering the landfill. - Analysis of newspaper recycling alternatives by Resources Conservation Commission. AUGUST - Train the building energy management team. - Collect energy use data on municipal buildings. - Train the motor vehicle energy management team. - Initiate motor vehicle use analysis. SEPTEMBER - Collect energy use data on municipal buildings. - Analyze municipal building energy use (BEMT). - Analysze motor vehicle energy use (MVEMT). - Completion of the building inventory file. - Publish "ENER-GRAM" a monthly intra -City staff energy newsletter. OCTOBER - Report on building energy use. - Motor vehicle inventory file updated to include vehicle use. - First building energy audit by building energy management team. - Publish "ENER-GRAM". 14ICROFILMEO BY r1 JORM MICR+LAE F,FDAR RAPIDS • DCS MOINES MICROFILMED BY JORM MICROLAB NOVEMBER • CEDAR RAPIDS AND UES HUir,L�), IU�- -Z- - Additional building energy audits. (BEMT) - Report on the motor vehicle energy use. - Set energy conservation goals for each building. (BEMT) - "ENER-GRAM". DECEMBER - Building energy audits. (BEMT) - Energy saving checklists and tips assembled for each building audited in prior months. (BEMT) - Train person(s) responsible for building audited. (BEMT) - Set energy conservation goal for motor vehicle use. (MVEMT) - "ENER-GRAM". JANUARY - Building energy audits. (BEMT) - Energy saving checklists and tips assembled fo audited in prior months. (BEMT) - Review motor vehicle use with appropriate staf - Car pool work begun. (All car pool activities by MVEMT, however, work will be performed by e - "ENER-GRAM". FEBRUARY - Building energy audits. (BEMT) - Energy saving checklists and tips assembled. - Review of motor vehicle procurement and mainte with appropriate staff. (MVEMT) - Car pool information published. - Car pool incentives arranged. - "ENER-CRAM". MICROFILMED BY JORM MICR+LAB CEDAR P.APIDS US M0114ES IAICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND ULS MU!:1LJ, 0e„ -3- MARCH Building energy audits. (BEMT) - Energy saving checklists and tips assembled. (BEMT) - Train person(s) responsible for buildings audited. (BEMT) - Car pools established. - "ENER-CRAM". APRIL - Building energy audits. (BEMT) - Energy saving checklists and tips assembled. (BEMT) - Recommendations made concerning repair and weatherization of the municipal buildings along with cost estimates and expected energy savings. (BEMT) - Identification of "families" of problems in the buildings. (BEMT) - "ENER-CRAM". MAY - Recommendations made concerning "families" of problems in motor vehicle usage and/or maintenance. (MVEMT) - Analysis of the winter building energy use. - "ENER-CRAM". JUNE - Analysis of and report concerning FY�Energy Conservation Program Activities and Accomplishments. t 141CROFILMED BY JORM MICR+LAB CEPAR RAPIDS • PES MOINES i i i i I IAICROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND ULS MU!:1LJ, 0e„ -3- MARCH Building energy audits. (BEMT) - Energy saving checklists and tips assembled. (BEMT) - Train person(s) responsible for buildings audited. (BEMT) - Car pools established. - "ENER-CRAM". APRIL - Building energy audits. (BEMT) - Energy saving checklists and tips assembled. (BEMT) - Recommendations made concerning repair and weatherization of the municipal buildings along with cost estimates and expected energy savings. (BEMT) - Identification of "families" of problems in the buildings. (BEMT) - "ENER-CRAM". MAY - Recommendations made concerning "families" of problems in motor vehicle usage and/or maintenance. (MVEMT) - Analysis of the winter building energy use. - "ENER-CRAM". JUNE - Analysis of and report concerning FY�Energy Conservation Program Activities and Accomplishments. t 141CROFILMED BY JORM MICR+LAB CEPAR RAPIDS • PES MOINES F1iLROFiLMED BY JORM I.IICROLAB LEDAk RAPIUS AND ULS ;•lul:'i.,, iVe- ENERGY CONSERVATION PROGRAM FY79 CDBG FUND ACTIVITIES MICROEILMED BY JORM MICR+LAB i CEDAR RAPIDS • DES MOINES PROGRAM COORDINATOR: Roger Tinklenberg JULY - Develop handout materials to accompany the Heat Loss Identification Project photographs. - Publish information concerning the Pilot Solar Demonstration Project and solicit family volunteers. - Publish information concerning the Energy Monitoring Project: Identify information sources, develop reporting mechanisms, and initiate the monthly collection of data. e I AUGUST I _ - Print handout materials to accompany the Heat Loss Identification Project photographs. i - Two families selected, seminars planned, and seminar notices published for the Pilot Solar Demonstration Project. - Purchase thermography equipment for the Heat Loss Identification Project. - Publish information concerning the Heat Loss Identification, i Pilot Solar Demonstration, and Energy Monitoring Projects. SEPTEMBER - Higher and train CETA or Work Study persons to conduct the Heat Loss Identification scans. - Pilot Solar Demonstration Project seminars held and solar collectors installed. - Assemble materials for the fall energy conservation tabloid. OCTOBER - Implementation of the Heat Loss Identification Project. - Seventy-five homes scanned under the Heat Loss Identification Project. - Publish the energy conservation tabloid. MICROEILMED BY JORM MICR+LAB i CEDAR RAPIDS • DES MOINES h11CkOFILMLU BY JORM MICROLAB NOVEMBER DECEMBER JANUARY FEBRUARY MARCH APRIL CLUAR RAPIDS AND OLS :'!Ui,+u, L'J11 -2- One hundred homes scanned under the Heat Loss Identification Project. Collect energy use data for the Energy Monitoring Project. Publish information concerning the Heat Loss Identification, Pilot Solar Demonstration, and Energy Monitoring Projects. One hundred twenty homes scanned and information left with the homeowners under the Heat Loss Identification Project. Conduct random surveys to obtain feedback on the Energy Con- servation tabloid. Collect data for the Energy Monitoring Project. First Energy Monitoring Project energy use report issued to the City Council, City Manager, and Iowa City residents. The report will contain a compilation and analysis of the energy use of the various sectors in Iowa City and the trends of that usage; analyzed on a heating season basis (July to June of each year). One hundred fifty homes scanned and information left with the homeowners under the Heat Loss Identification Project. One Hundred forty five homes scanned and information left with the homeowners under the Heat Loss Identification Project. Assemble materials for the energy conservation flier. One hundred twenty homes scanned and information left with the homeowners under the Heat Loss Identification Project. Collect data for the Energy Monitoring Project. Publish summer energy conservation flier. First year Heat Loss Identification Project results published. January to March series of monthly energy use reports collected, analyzed, and stored. Publish information concerning the Pilot Solar Demonstration Project, including the energy savings results to date. Select additional family or families if adequate funds remain in the Pilot Solar Demonstration Project account. mmor ILMEo BY JORM MICR+LA9 CEPAR RAPIDS • PES MOINES MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLI), 10-, -3- MAY Publish information concerning the Pilot Solar Demonstration Project. - Pilot Solar Demonstration Project family participant(s) selected, seminar(s) planned, and seminar notices published. - Conduct random survey to obtain feedback on the Energy Conser- vation flier. JUNE Pilot Solar Demonostration Project seminar(s) held and collector(s) installed. Compile, analyze, and prepare the bi-annual Energy Monitoring Project energy use and trend report. MICROFILMED BY JORM MICR+LAB I CEDAR RAPIDS • DES MOINES i i -'1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MUINLI), 10-, -3- MAY Publish information concerning the Pilot Solar Demonstration Project. - Pilot Solar Demonstration Project family participant(s) selected, seminar(s) planned, and seminar notices published. - Conduct random survey to obtain feedback on the Energy Conser- vation flier. JUNE Pilot Solar Demonostration Project seminar(s) held and collector(s) installed. Compile, analyze, and prepare the bi-annual Energy Monitoring Project energy use and trend report. MICROFILMED BY JORM MICR+LAB I CEDAR RAPIDS • DES MOINES i MiLRUFiLMEU BY JORM MICROLAB LEUAR RAPIUS AND ULS :AUi:IL:1, .JAI. ENERGY CONSERVATION PROGRAM; CDBG FUND ACTIVITIES BY PROJECT HEAT LOSS IDENTIFICATION PROJECT July, 1978 Develop handout materials which will accompany the photographs. August, 1978 Print handout materials. Septemoer,1978 Hire and train CETA or Work-study persons to conduct the scans. October, 1978 Implementation of the program, seventy-five homes scanned. November, 1978 One hundred homes scanned and information left with the homeowner. December, 1978 One hundred twenty homes scanned and information left with the homeowner. January, 1979 One hundred fifty homes scanned and information left with the homeowner. February, 1979 One hundred forty-five homes scanned and information left with the homeowner. March, 1979 One hundred twenty homes scanned and information left with the homeowner. April, 1979 Results published. October, 1979 Seventy-five homes scanned and information left with the homeowner. November, 1979 One hundred twenty homes scanned and information left with the homeowner. December, 1979 One hundred forty homes scanned and information left with the homeowner. January, 1980 One hundred fifty homes scanned and information left with the homeowner. February, 1980 One hundred forty-five homes scanned and information left with the homeowner. March, 1980 One hundred twenty homes scanned and information left with the homeowner. April, 1980 Results published. I4ICROFILKED BY --� JORM MICR+LA6 CEDAR RAPIDS • DCS 1401NES i I41l,ROF1Li4L0 BY JORM MICROLAB CEDAR RAVWS AND uLS 14Ul:lu, :u++11 f Seventy-five homes scanned and information left October, i I41l,ROF1Li4L0 BY JORM MICROLAB CEDAR RAVWS AND uLS 14Ul:lu, :u++11 I MICROFILMED BY JORM MICR+LA6 ! CEDAR RAPIDS • DES MOINES Seventy-five homes scanned and information left October, 1980 11:ft with the homeowner. with the homeowner. February, 1982 One hundred twenty homes scanned and information November, 1980 left with the homeowner. March, 1982 One hundred forty homes scanned and information December, 1980 left with the homeowner. One hundred fifty homes scanned and information January, 1981 left with the homeowner. 1982 hundred forty-five homes scanned and information February, 1981 One left with the homeowner. One hundred twenty homes scanned and information March, 1981 left with the homeowner. April, 1981 Results published. January, 1983 Seventy-five homes scanned and information left October, 1981 with the homeowner. February, 1983 One hundred twenty homes scanned and information November, 1981 left with the homeowner. One hundred forty homes scanned and information December, 1981 left with the homeowner. I MICROFILMED BY JORM MICR+LA6 ! CEDAR RAPIDS • DES MOINES One hundred fifty homes scanned and information January; 1982 11:ft with the homeowner. One hundred forty-five homes scanned and information February, 1982 left with the homeowner. One hundred twenty homes scanned and information March, 1982 left with the homeowner. April, 1982 Results published. Seventy-five homes scanned and information left October, 1982 with the homeowner. 1982 One hundred twenty homes scanned and information November, left with the homeowner. One hundred forty homes scanned and information December, 1982 left with the homeowner. One hundred fifty homes scanned and information January, 1983 left with the homeowner. hundred twenty-five homes scanned and information February, 1983 One left with the homeowner. I MICROFILMED BY JORM MICR+LA6 ! CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICR+LAB 1 CEDAR RAPIDS DES 1401DCS MILROi1LMEU BY JORM 141CROLAB July, 1978 August, 1978 October, 1978 November, 1978 December, 1978 April, 1979 May, 1979 July, 1978 August, 1978 September,1978 April, 1979 May, 1979 June, 1979 CEDAR RAPIDS AND uLS biuL"ILj. PUBLIC AWARENESS PROJECT Publish the information concerning the Pilot Solar Demonstration project and the Energy Monitoring project. Publish the information concerning the Pilot Solar Demonstration project and the Energy Monitoring project. Publish Energy Conservation Tabloid. Publish the information concerning the Heat Loss Identification, Pilot Solar Demonstration, and Energy Monitoring projects. Publish information concerning the two programs. Conduct survey to determine effectiveness of tabloid. Publish information concerning the Pilot Solar Demonstration project, including energy saving results to date. Publish first year Heat Loss Identification project results. Publish Energy Conservation flier. Publish information concerning the Pilot Solar Demon- stration project. Conduct random survey to obtain feedback on the Energy Conservation flier. PILOT SOLAR DEMONSTRATION PROJECT Publish information concerning, solicit family volun- teers. Two families selected, seminars planned, and seminar notices published. Collectors installed and seminars held. The results will be monitored for one heating season at a minimum. Additional family participant(s) solicited if adequate funds remain. Participant(s) selected, seminar(s) planned, and seminar notices published. Seminar(s) held and collector(s) installed. The results will be monitored for one heating season at a minimum. ! MICRUILMED BY 1 DORM MICR+LAB MAR RAPIDS • DES MOVIES MILROFILMED BY JORM MICROLAB LLUAR RAPIDS AND uLS >tulilL,, .J'-" I IAICROFILMCO BY DORM MICR( LAB UPAR RAPIDS • DES MOIIIrS ENERGY MONITORING PROJECT September, 1978 Information sources identified, reporting mechan- isms developed and data analysis and storage process created. January, 1979 First series of monthly energy use reports col- lected, analyzed, and stored. Energy use records will be collected for as far back as possible, to provide a solid historical base. A report will be issued to the City Council, City Manager, and Iowa City residents concerning the energy use of the various sectors in Iowa City and trends in the energy usage will be identified. April, 1978 Second series of monthly energy use reports collected, analyzed, and stored. July, 1979 Third series of monthly energy use reports collected, analyzed, and stored. A second report concerning the entire heating sea5't�g (July, 1978 to June, 1979) will be published. October, 1978 Fourth series of monthly energy use reports collected, analyzed, and stored. i January, 1980 Fifth series of monthly energy use reports col- lected, analyzed, .and stored. `A third report concerning the one-half year period from July, 1979 to December, 1979 will be published April, 1980 Sixth series of monthly energy use reports col- lected, analyzed and stored. July, 1980 Seventh series of monthly energy use reports col- lected, -analyzed, and stored. A report for the year July, 1979 to June, 1980 will be published. I IAICROFILMCO BY DORM MICR( LAB UPAR RAPIDS • DES MOIIIrS MILRUtILMLD BY DORM MICROLAb CLUAR RAPIDS AND A, RESOLUTION N0. 78-341 RESOLUTION A[IINORIZING EXECUTION OF CONTRACT WITH SHOEMAKER HAALAND PROFESSIONAL ENGINEERS WHEREAS, the City of Iowa City, Iowa, has negotiated a contract with Shoemaker Haaland Professional Engrs. , a copy of said contract being attached to this Resolution and by this reference made a part hereof, and WHEREAS, the City Council deems it in the public interest to enter into said contract for completion of the Ralston Creek Watershed Management Plan. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the Agreement with Shoemaker Haaland Professional Engineers 2. That the City Clerk shall furnish copies of said Agreement to any citizen requesting same. It was moved by deProsse and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X BALMER —ft— dePROSSE X ERDAHL x NEUHAUSER x PERRET z ROBERTS X VEVERA Passed and approved this 25th day off% July , 1978. Mayer ATTEST: - City Clerk 141CROFILMED DY i l JORM MICR+LAB CEDAR RAPIDS • DFS MOINCS By Tha Legal Department 7—/9-7F�1� /3g7 i MIt,RUFILMLD by JORM MICROLAb .�1 CLUAR RAPIDS AND ui.� :11i;LL_, AGREEMENT This Agreement, made and entered into this aS'ck day of 19 /?, by and between the City of Iowa City, a municipal corporat on, Icreina ter referred to as the City and Shoemaker Maaland Professional Engineers of Coralville, Iowa, hereinafter referred to as the Consultant. Now therefore, it is hereby agreed by and between the parties hereto that the City does retain and employ the said Consultant to act for and represent it in all matters involved in the terms of this Agreement. Such contract of employment to be subject to the following terms and conditions and stipulations, to wit: Consultant shall not commit any of the following employment practices and agrees to prohibit the following practices in any subcontracts. a. To discharge from employment or refuse to hire any individual because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. b. To discriminate against any individual in term, conditions, or privileges of employment because of their race, color, religion, sex, national origin, age, disability, marital status, sexual orientation or creed. i I SCOPE OF SERVICES I On December 3, 1975, the City of Iowa City entered into a contract with Powers -Willis and Associates of Iowa City, Iowa, for preparation of the Ralston Creek Watershed Management Plan. The Scope of Services of that contract was detailed in an attachment to that contract. Section 1, II, III and IV of that contract have been substantially completed and are not a part of this contract. The Scope of Services for this contract shall include the basic elements of Section V of the original Watershed Management Plan work program. Attach- ment A to this contract shall outline in detail the work elements of Section V under this Scope of Services. II TIME OF COMPLETION i The Consultant will complete the Scope of Services for this contract 120 days after signing of the contract. III GENERAL TERMS 1. The Consultant or the City may terminate this contract upon seven (7) days notice. If the contract is terminated the Consultant shall be paid on the basis of work satisfactorily completed under this contract. If the City and the Consultant are unable to agree on a percentage of completion, each side shall pick an arbitrator. These two arbitrators shall pick a third arbitrator and the City and the Consultant• shall be bound by the decision of the arbitrator. 2. This Agreement shall be binding upon the successors and the assigns of the parties hereto; provided, however, that no assignment shall be made without the written consent of all parties to said agreement. 3. It is understood and agreed that the employment of the Consultant by the City for the purposes of said project shall be exclusive, but the Consultant shall have the right to employ such assistance as may be required for the performance of the project. Said Consultant shall be responsible for the compensation, insurance and all clerical detail involved in their employment. q. It is agreed the City will assist the Consultant by placing at his disposal, all available information pertinent to the project including, previous reports and any other data relative to this project. The Consultant will have full access to and free use of all the prior materials accumulated and produced by Powers -Willis and Associates that i.s in t1Ye possession of the City. S. It is further agreed that no part}, to this Agreement will perform contrary to an}, State, Federal or County law or any of the Ordinances of t1Ye City of Iowa City, Iowa. 1387 MICROFILMED BY JORM MICR#LAB CFDAP PAPIM • DFS MOINES ?'!lLfUFILML U BY JORM MICROLAB LLDAR RAPIDS AND uLS AUI:a; -2- G. The Consultant shall attend such meetings of the City Council relative to the work set forth in this contract as may be requested by the City. Any requirements made by the City shall be given with reasonable notice to the Consultant so that he/she may attend. 7. The Consultant agrees to furnish all reports and/or drawings with the seal of a Professional Engineer or Architect affixed thereto where such seal is required by law. S. The City agrees to tender to the Consultant all fees and money in accordance with the schedule that follows except that failure by the Consultant to satisfactorily perform in accordance with this Agreement shall constitute grounds for the City to withhold payment of the amount sufficient to properly complete the project in accordance with this Agreement. 9. Should any section of this contract be found to be invalid, it is agreed that all other sections shall remain in full force and effect as though severable from the part invalid. 10. Records of the Consultant's Direct Personal Expense, Consultant Expense and Reimbursable Expenses pertaining to the Project, and records of accounts between the City and the Contractor, shall be kept on a generally recognized accounting basis and shall be available to the City or his authorized representative at mutually convenient times. 11. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his consultants in the interest of the Project for the following incidental expenses listed: a. Expense of transportation and living when travelling in connection with the Project, and for long distance calls. b. Expense of reproduction, postage and handling of Drawings and Specifications, excluding copies for Consultant's office use. The printing of both the draft and final copies of the final report will be a reimbursable expense. c. pees paid for securing approval of authorities having jurisdiction over the project. 12. It is agreed that the Department of (lousing and Urban Development, the Comptroller General of the United States or any other duly authorized representative shall have access to any books, documents, papers and records of the Consultant which are directly pertinent to this specific contract for the purpose of making audit examination excerpts and transcriptions. IV COMPENSATION FOR SERVICES The City agrees to pay for services stated in this contract on the basis of the following fees: The City agrees to pay $8,000 for the performance of work under this contract. The Consultant shall submit monthly statements for services rendered and for reimbursable expenses incurred. Statements will be based upon the Consultant's estimate of the proportion of the total services actually completed at the time of the billing. Reimbursable expenses are above and beyond the lump sum figure listed above. Tile cost of reimbursable expenses shall not exceed $2500. All provisions of this Agreement when not specifically defined shall be reconciled in accordance with the highest ideals of the Engineering and Architectural Profession. The undersigned do hereby state that this contract is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. I41CROFILMED BY JORM MICR+LAE CFOAP, RAPIDS • nr5 MDINFS r MiLIM ILALU BY JORM MICROLAB CLUAk RAPIJS AND JLC `J,'.' -3- It is further stated that there are no other consideration or monies contingent upon resulting from the execution of this contract nor have any of the above been applied by any party to this Agreement. FOR THE CITY: Mayor Mayor ATTEST: City Clerk STATE OF 10WA ) ) SS: JOHNSON COUNTY ) On this ,)/, d, day of{ A. 19�, before me, a Notary Public duly commissioned and qualifit� in nd for said County and Statc, personally appeared )?a h e --t' A. Mayor of the City of Iowa City, Iowa, and Abbie Stolfus, City Clerk of said City, each being to me personally known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and notarial seal at Iowa City, Iowa, the day and year last above written. Notary Public in d for Notary Public in and for I Johnson County, Iowa STATE OF SS: COUNTY 0 On gis day of 19�before mc, the undersigned, a Noyary usa bl' and for i County aid Statc, personally appeared and to me personally A on wn, oho, being by me duly sworn, di say that they are the and respectively, of said corporation, teat no seal l been procured toe said (4he +real affix h ' ' of `"41) corporation, that said instrument was signed and sealed on beh if of s rporation by authority of its Board of Directors; and that the said �l`i+n_�u2 and as such officers, lick nowle ged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. N ary"in said County and said Stnte. p •' .� IFA W.IiHL6R � ,•� `- MICROEILMED BY JORM MICR+LAB CEDAR RAPIDS • IES MOIRES RECEIVF•D & DPROVED M TIB; I,EMAL DEPAMY-11T c -/I/- 71F, A 1.11,1<W 1LMLD BY JORM MICROLAB Yy,'1 CEDAR RAPM AND Lk� '!U, +L A'ITACIIMrNT A V. DEVELOP WATERSHED MNNAGEMENr PLAN A. Investigate Alternative Structural Solutions Investigate, study and consider several structural solutions to flooding and other related watershed problems. Prepare concept drawings, descrip- tions and map locations for reasonably practical new strictures or structural modifications in accordance with generally recognized engineering principles. Structural solutions will be considered with regard to the impact on environmental and social needs and potential detrimental results. Land- scape architecture will be an essential role in conjunction with hydraulic, structural and soil engineering. The general goal for structural solutions is controlled runoff and flooding to minimize effects on residential and commercial areas. The alternative structural solutions to be considered will include: 1. Channel Improvements - widening, straightening, clearing, deepening. 2. Bridge and Culvert Improvements - enlargement, restriction removal, control devices. 3. Retention Reservoirs - multipurpose, "wet" or "dry", new or modify existing land use. 4. Storm Sewer - new construction, restriction or control. S. .Stream Diversion - channel or tunnel to other watersheds or "short cut". 6. Levees and Embankments. 7. Floodwalls - where levees are difficult to construct. 8. Pumping Stations - where absolutely necessary and in conjunction with levees. 9. Runoff Control - in small tracts, where possible, in storm sewers. 10. Soil Erosion Control - in rural and urban areas. 11. Sedimentation Control - to maintain channel capacity. 12. Energy Dissipators - to prevent erosion and structural damage. B. Investigative Alternative Non -Structural Solutions Solutions to causes of flooding or other related watershed problems of legislative or administrative nature will be considered. Such solutions are generally intended to remove or protect the property being damaged or provide for long range actions to prevent future increases in factors contributing to the problem. These solutions include: 1. Relocation - of affected land users. 2. Flo�urance - programs, benefits and possible result for property owners. 3, Building Codes - to prevent additional construction in flood prone areas or to provide minimum level of construction for structures modified. 4. Subdivision Regulations - to control future encroachment on drainage and provide runoff control from flood producing areas. 5. Zoning - to location and type of future development and gradually encourage elimination of conflicting use patterns. MiLiWrlLi,ILO BY JORM MICROLAB Attachment A CLDAR RAP[uS AND uL �f Page G. Flood Proofing - to protect properties remaining in flood prone areas. 7. Flood Fighting - plans, procedures, equipment and training of public employees and private individuals. S. Data Systems - public, continuous, accurate record keeping of weather conditions, stream flow and drainage areas and amounts for evaluation of the management plan. C. Draft Watershed Management Plan Prepare a preliminary working draft of the possible watershed management plans solutions for committee and City review and comments. D. Evaluate Proposed Plan Evaluate the proposed solutions individually and in selected groups for economic, environmental, legal and administrative assessment. Economic analysis of proposed solutions will include capital cost, operation and maintenance costs, annual costs and cost/benefit analysis. Sources of potential funding will be included. Enviro mental and social assessment will be conducted to the extent necessary to determine significant beneficial and detrimental effects of all solutions. An evaluation of the significant legal and administrative activities or consequences for each solution will be included. E. Presentation of Plan and Recommendations Prepare a preliminary review draft of the proposed watershed manage- ment plan for Committee and City review. Allow sufficient time for comments, response and revisions. Hold a public information meeting to present the plan and further educate the general public in watershed management concepts. I Review the plan of action with the several coordinating, regulatory and funding agencies. Revise and complete the final watershed management plan report. Furnish 100 copies to the City for their use and distribution. .:... �.. �..:.�_..�.u.....�.:..........„.......... ,..-...a.,.-«..... ,.w ....... ar. _..... _..:.e.�aww__.. .«.....•o.c,.„ .Vw.: •.�..• ....w.:r.@wM1.:.w..�+.. r -!!l lW IUMLIi BY JORM MICROLAB CLUAR RAPIui A11U DL> >IU,:+L�, RESOLUTION N0. 78-342 RESOLUTION AUTHORIZING E%FJCI ON CF AGREEMENT WITH SHIVE-HATTERY & ASSOCIATES WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Shive-Hatter & Associates a copy of said ag_reem_en�t being at to s Peso u s reference made a part hereof, and, WHEREAS, the City Council deans it in the into said agreement for design of improvements interest to enter Second Addition. NOW, THEREEURE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Shive-Hattery & Associates 2. That the City Clerk shall furnish oopieB of said agreement to any citizen requesting sane. it was :roved by Balmer and seconded by deProsse the Resolution be adopted, and upon roccall there were: AYES: x x X_ ATTEST: NAYS: ABSENT: BALMER dePROSSE ERDAHL X NEUHAUSER PERRET ROBERTS VEVERA Passed and approved this 25th day of July 1978. CitV�cit �r City Clerk Recci%•cd R F.. proved By The Leal Dcp:riracn► I4ICROFILMED BY JORM MICR+LAB MAP RAPI05 • PE.S MDInrS i3F? I t•11tRUf lLMED BY JORM 141CROLAB CEDAR RAPIUS AND bLS ACI.17:•119f1' L,Ahil il> ;u'u Iv;+Lla6iellat the LII office. 11 -ds Agrccmant, nutdc allot cnter(xI into this of V19 ZJ LI. by and b0tw0un the City of Iowa Ci by, ;+ nnoilcilnl adoration, h ein ftcr r+:fosred Lo au ti+e City and Shiver IlaLluty euut ASSOCiatl:a of fewa C" -Y, (oda hereinafter referred to as the oon-gulttmt. J3cw Uierefore, it is hprtl,y agreed by and betwcrn the LA-irties hereto that the City docs retain and enploy tlu: said COn!;l11tanL tr, act for ;mel represcrt it in all matters involved in the tens, of Ulis P,l+r„n nt.. Gncb' contract of cuq>lo}m..nt to be subject to the following teens and conditions and :;L ipulaLiomt., to wit: Consultant shall not ccnntit any of the follraving omploylTent practices and agrees to prohibit the following practices in any sul>:uld mets. a. 7b discharge from eny,loynxiiI, or rcfnsr: to hire any individual because i,l thoif I',+Oo, color, rp1 i+linn, sex, netiorla.l origin, ogO, di:.rhilily, Durit"' status, sexual Orientation Or, c+::«l, b. 7b d.iscrintinate against any individtc+l in tarn, conditions, or privi.imYles ul:.•Iupluynwe+t I.:ovu:;i: of Uneir race, color, ruligicn, six, Ianticnal origin, age, disability, marital sU+tus, suc11:+1 orrolrtation or creed. ,`scull" OF SERV I CES The Iowa City Council has paused ;+ spuoial ord.innnrL: that will allow BLISWOS5 IA:vcl.opnicnt, IIIC. to proccrd with ;i special usscBsuRmf project in the industrial ;Irua of southeast luw;i (:it), Ipinll nurthcrly of the lleinz Ilistribution (CALCI'. MuniCilMl iugn•uvcnn•nt:; :11T to he ins halIcJ in and ;idl:ICCIlt to Bill proposed Second Addition, consisting or items scf forth hulonw: Preliminary These 1. The consultant shall prepare preliminary plans for construction of the following: a) Sanitary sewer extension (routing, sizing and tentative grades) b) Water service extension (routing and sizing) c) Storm sewer system (routing, sizing and tentative grades) d) Culvert locations, sizing and tentative grades e) Grading (rough grades from aerials) F) Paving (routing, tentative grades and thickness) g) Final platting (show BDI parcels to be assessed) 2. The consultant shall prepare cost estimates for the above items. 3. The consultant shall prepare a general cost comparison relative to compliance with the storm water management ordinance as it pertains to individual tract systems, and an overall system to provide service to the remaining unplatted portion of the BDI property. This will consist of conceptual plans showing tentative locations and sizing for both alternates and will include cost comparisons. 4, The consultant will provide information in the fnrnmt for assessment work in compliance with Chapter 364 or Lhe Iowr+ Code and also provide a schedule depicting specific dates and actions to he Laken by the City during the i"W1111WI procedures. d9%c,v.rwr /'1�L.,��G. Desi Phase (y//iJ� After City approval of the prcl ""'retry dvrign and co! -,t estiln'Ite and upnr writtm notice to proceed, the CUnstnlUMIt will Ixnlin Ure dcuign lilvasc wllich will include: a. preparation of dctnilrYl contract drawings; b. preparation of slxrifications, and contract clocnanslts. '111c consultant will insure that UIo contract dcxuncrots n.-.•ct all rocpriruirnts of the City's affirnutive action and c Illi opportunity prorlrfun. '111c Consultant will Nin" 1 of f, Y MICROFILMED BY n� ' JORM MICR4[�LA9 UPAR RAPIM • DFS MINES I B i I.1I6(0FI1-Mil) BY JORM MICROLAB LLUAR kAPIJS AND JL', !U;:ILI, , ul.l ccordin;lte % _h the Ilhanan Ih:lat ions Ia 1+u Un. to insure t it all raluired non-discriminnt.iun :ua (XlUtl oplo::Lull ity :;taUun•r1Lc; oe rrffinllati.VC action prognum; are inciculal in the contract clocacacntU; c. furnishing the City with LL.xh (2) copier of the specifications and contract drawings for a finial revfaa by the City. 1111e ConsnlLint will obtain project al4woval frun other agculcies after City revir++ and approval. d. prclmraLion of a finish CDrhslruc:tion Cost ultimate upon crnlpletion of final design. 111his Consuls:tion Cost e:;tirunLe will i.nclule a bidding contingency of ten percent. If the lowest bona fide proposal or bid excecKhi Ute established Construction Cost limit, City shall (1) give written approval to increase such cost limit, (2) authorize: nocjotiati.ng or rLhic6ling the Project within a reasonable ti le, or (3) cooperate in revising the 1'rujcat scolx: or quality. Jn the case of (3), Consultant shall, without additional charge beyond the maxrhmm cost deEined in this agreancstt, nrxlify tile Qantract ILCLV.Mts as necessary to bring the Construction Cost within the cu:;t lilah.. 1'ne provirlil)U of such service will be the limit- of Cntsulttlnit's rc•slwhsibility in this regard and, having donuu so, Ccxtsultcwt shed. Ix: uht.i t1Ld to payntaht for his services in accordanou with this hjrc%nrs L. Construction Phase 11he Consultant will. provide the following services under Chis phase upon written notice from the City: a. assist the City in securing bids and provide bid doctnents for. contractors. The bid docu lirmts for this plisse are not a refilha able expense; b. tabulation aril analysis of bid results and furnishing rmunletdations on the award of the construction contracts; C. assistance on the preparation of the formal docuumPubs for the award of the contracts; d. lconsult and advise the City during construction relative to this project. e. preparation of elananliiry sketches and supplanentary sketches required to' resolve actual field conditions encountered; f, checking detailed construction drawings and shop and erection drawings sutmittcd by contractors for conpl.iance with design concept; and g• reviewing laboratory reports, miterials and equipment. h. in addition, the Consultant will do the following field engineering: mike periodic visits to the site to observe as an experienced and qualified design professional the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the 1hal. ..., 4-n ...ii, s"mi, er—eent-#nueus- on site im he y J, Contract LbctumPubs; „c-s� , shall not be responsible for. the Benno, methOdS, toclhniques, sequunces or procedures of constnhct-ion sclectrud by contractor(s) or the safety rre- cautiohhs and programs incidchht to the work of Wntractor(s). Iiis efforts will be dir:ectcxl toward providing assurance for City that the canpletel Project will conform to the Contract 1lacunlNs. t>,hrirg such visi.ts and on the basis of his olr-site observations he sluill Mop City infor'mxl of the progress of the work, shall cndeavvl- to guard City against defects and deficiencies in the work of Contraclor(s) and hrcry disapprove or reject work ns failing to cahfonn to thc COltt'aLiheLl cl: nr.nts. �.H FY+,4t��f1—{6—t:ifltAle. lil f ..1 ....1'tia`ci'i',M1T�]�c+ •`—++.�•T'I�'I `v.l �'�" - Cl J/ car tlm Hinye+l tint—rn acac,�irn1 P ".' _ . . ('nnsuJ L'1nt t;hnl l dctr.nninc the mounts Owed to the �d, Contractor and Ghklld. issue Certi.f.ireater of IrnC in such a ntanr�rr as to ecnyaly with the provisions of (1aptr:r 573 B 364 of the Code of the State of low 11he issuance of: a certificate of Ikiynrnt slhnll constitute a representation by the Consultant to the Ci.Ly that wcark has projresscil to the point indicated and Ulat to the best- of the C.�Ic;ul.lanl's knowledge Ulu quality Of the work is in accorcL'ance with the ccnsb-uct3on CbnlTact Dc,-un_rhts; Page 2 of G 141CROFILI•IED BY ,I JORM MICROLAS MAR RANDS • nrs mnmrS 1� 141LW1IOU BY JORM 141CROLAB CLUAR RAVIu:) AW UL, Ivi; r +• i. tnaYs a fi.rLn .nspectiOn rcl,ort Ler the City u; ..r caty,letion of the project; j, Che Oonsultnnt and the City n11-111 dinran;:; intergmelatiens of the require - mutts of Ule consLntctiult cuntrucL '1110 Ctnuultant slall have IJ1e autimrity to act on bcJ;cll.f of the Cil.y; Itohevct, final deeisicns on any maLt,er shall rest with l•hc City; and k, the Consultant spill have Ute authority to rujtct cork which does not confonn to Ulu contract: dcx:tmxsil.:. 7110 t)>n;ultant ,:hall process change order -i. C7h;uxje ordc,:rs slctl.l Ix(YMP eCfct:t ivu (,Illy after they have beeri signed by Ule City's represuntal:ivc. 1, technical observaticvh by a JOS1dl'11t PCojuct m,prosellu-I Live and supporting staff as required who will observe lit(-, work for ccanpliance with Contract Docuients, aril provide construction record drawings of the completed projects. specific duties sletll incItut: Ii lc but not limited to (1) setting of lines and grades as constntctiat prc eccx.ls; (3) revision of contract drawings to show location and nature of iltVruv(art!nts as actually constructed; (3) provide services in acaardrmco with 1•lxhibiL• "A", "Duties, l2sponsibilitie: and LinLitations of the Authority of iL:si.dult project ll:presentative". Note that W- kbit "A" is a standard NSpt, cc,Ihtr•act (loci: rat and the term Engineer shall Inca consultant and Ute teen Wrier slall no,-tn City for the purposes of this agrecm nt; and Special Services Upon request the Consultant agr(rs to furnish sgeci;t.l services. Such special services nuy include: a. soil investigation, i.ncluditxJ test l.x�rirvjs, related analysis and recom- mendations; b, land surveys, title and earxanent searches and d0scriptions of boundaries and nonumotts and related off.icr ccugputaLi.ons and dnaftings; c. assist the client- as expert witness in li.tigat:ion arising frau the develop - meet or construction of the project and in hcarifr7s before various a17proving and regulatory agencies. II ME OF C01PLfMM 'the Consultant will callplete the phase of this qv oject within the times listed below: PmlimitarY Phase - ?11 days after signing of this contract. Q:sicj_n Phase - lbe design phase of the project shall be done all Jays after ;lpprov:ll of thr proliminary phase, Construction Phase - 911e CotsulLtnt stall it,clude agilropriate construction times rn tltc Job specifications. h•. III GENERAL TEfd•1S 1. Should the Consultant. or the City tcrinittalr, the contract, said Consultant shall to 1»id on Ute basis of direct lersniml exlrn:e as herein attached time tntlti.plier for the variou; classce; Of I- r'I-wIotel acti.vely urgaged on the project for all work canpleted and for all work y$,I services gxirforned up to the time of termination; Ihcwevor, such suas�nhal.l not exec d the "flat to exceed" atrouhts listed in Section 1V, and 'subject to the terms of item 9 of this section. f.ither. party ntay terminate this Agreement upon five (5) days notice. 2. This Agrenlrnt sha.l.] l)binding upon the ::uccn mrs 111(1 the assigns of the parties hereto; prov.ida.l, 1104"cn•, ;]hilt no ansi.grnvahl: he nnade without -the written cofseht.of all parties to said acP-Loreaht. 3. It is undesstnal and agreed Ural• the c111rgoyllraht of thn Consultant by the City for the purpose; of said project slut.]] be cxrlrtsive, but• tare Consultant shall have the night to (Ilploy such assistance as nuy Ix: resquircll for the perforntance of the project. Said Consultant sh;.t.11 Ixe rnsl,nsihle for the coinpansation, insurance and all clerical detail. involved in their rvlhloytnent. Page 3 of G MICROFILneD BY 1 JORM MrCR+LA6 CEDAR RAPIDS . nes NOINCS ,r i F'iLlWi iLMLU BY JORM MICROLAB LLUAR RAPIUS AND JL3 ;iL,l;+L- a 4. It is agreed by l C.iLy thtl all rewnl:; 1111.1 I d l prtnini.ng to infontotion LhecxkxJ for said project will Iv unrlr. avail+'bJc Iry said city upon rocluc•st Of the Consultant. Tile City agrees to furni.ah all rt,a:;1mlable assistance in Uhe use of those records and f.11es. xfoLm to 5 any1s further agrLxxI Slate, Federal rthat rto Cour'ty 1<n LoranyhoC the Orciuhmhces orf the City of Iowa City, Iowa. 6. 'llhe Consultant shall attend sur_h meeturgs of. the City Ccnuicil relative to the work set forth in this contract as uny Cc n*di i'":taxi by the City. Any raluire- nrnts made by the City shall be given with reasohchble notice to the Consultant so that he/she may attend. 7. 111e Consultant agrees to furnish, up.cah tc:nninaLion of this Agrarrcs't and upon dcmmnd by the City, copies of all basic notes and sketches, cl>arts, m'gxhtatwns and any other data prepared or obta.ilwd by t.hc Consultant Ixtrsuant to this N)realent, without cost and wiLhouL restriction or. Iimitxtion as to their use relative to the specific project, coveru.l wrier this i19:W'"lt. The C;cnsultant shall not liable for use of such docunuhts on otJur projects. B. the Consultant agrees to furnish all refor.t.9 and/or drawings with the seal of a Professional Ertgincer or Architect affixxl thereto where Such seal is respired by law, and shall supply necessary certifications in accordance with Chapter 384 of the Iowa Code. 9. 11'e City agrees to tender to the consultant all fees airl im-ney in accordance with the schedule that follows except that failure by the Consultant to satis- factorily perform in acoorci ince with this Agrenrrnt shlllconstitute grounds for the City to withhold payhtrnt of the atount sufficienpt to properly complete the project in accordance with this NJrearrnl. 10. Should any section of this contract be found to be invalid, it is agreed that all other sections shall retain in full force and effect as though severable from the part invalid. 11. original contract drawings shall be modified to reflect "as built" conditions and shall beam' the property of the City. 11he Consultant shall be allowed to keep mylar reprodu.cibles for his files and use. 12. Direct Personal Expense for the purposes of this contract shall be defined as hourly wage plus retir©»ent and fringe benefits. Said Consultant shall, upon dpnind, furnish receipts therefore or certified copies thereof.• 13. Moords:of the Consultant's Direct Persorti'hl I•'pcnse, Consultant Expense and ILcimbursable Expenses pertaining to the Project:, and records of accounts b etween the ()caner and the Contractor, shall be kept on a generally reoogt accounting p>asis and shall be available to the Owner or his authorized representative at =tually convenient times. 14. All reimbursable outside expenses are in addition to the fees for Basic Services and include actual expenditures made by the Consultant, his employees, or his oonsultants in the interest of die Project for the following incidental expenses listed: a. Expense of transportation and living when travelling in connection with the Project, for long distance calls, mol telegrams for 'extraordinary work required by UIP Denner. b. Expense of reproduction, postage 1111 hmxlling of Drawings and Specifications. excluding topics for consultant's office use. C• Fees paid for sLcurdng algnoval of authorities having jurisdiction over the project. Pees paid try Una Consultant for :;Ix.cial consultants employed with City's approval fol7 service:; other than those defined in this contract. 15. It is agreed that the IoprrUTnnt: of. Ibus.ing Incl Urhan Ixhvclophont, the (knmptrvller General of the United States, or any other duly nuthor.izod representative MUM have access to any I=ks, docuMC11t9, Pz1Ixrs mYl raoords of the Consultant which arc directly perLinr'lht• to this slxhcd.f.dc contract for Uhe purpose of making audit-examinaticm exerpts and transcriptions. 16. 11nc Consultant shall Isri!;t and be present for any prdzaratwn of letting or analysis of contract dealing will' said Project - Page It of 6 1•IICROPILMEm BY ' JORM MICR+LAE3 CrMR PAPIM9. • mr5 MOINH MILR0i11-MED BY JORM MICROLAB CEDAR RAPIDS AND uLS 6iuilit 17. The Consultant shall coordinate its work during all phases with the City staff, BDI, and the City's bonding attorney. 18. When and if bond proceeds are available, the payment to the Consultant shall include accrued interest at the rate of 7% from the 30th day after the billing date after completion of each phase of the project. 19. The Design Professional agrees to hold harmless and indemnify the client against any liability arising out of the negligent acts, errors or omissions of the designer, his employees, or agents. 1V WIPl•NSA'1'1CP1 FOR SIRHVIUS the City agrees to pay for cervices stated in titi.0 cuntract cd, Une blsia of the folltwing fees: 1'relimin ary Phase - 71ne cbnsultrurt shall be piid n fee basad upon 2.3 x Direct personal EJcpcnse. 4he trod fee for the Preliminary Phase shall riot exceed I�siyn and 0:)nst1-uet-ion Phase - Due to Lhe difficulty of determining the exact smlx of tine work pr.i.& t:n CK4lVlctiun of Prclimin.ury 1'hnse; l'sign alul Construction phase foes will be nu.loHatt.xl alter Mipletion aril acceptance of the Prelilnvnary Phase. Special Services - Special services shall be conpansated in the following i manner: (a) Soil test1ng services at approved flat rates as attached in Y-�chi.bit B to this contract. Analysis of dant shall be at a rate of 2.3 x Direct Personal r;xpe nse. (b) Full-time project representation shall be o1uponsat:ed at a fee based upon 2.3 x Direct Personal rkpense. The Direct Personal D:pense of all personnel chissifications associated with this project shall be attacliecl ns Ekhibit C. 1111 City agrees to reimburse the Or nsultant for outside expense at cast. '1110 Consultant shall furnish receipts of all outside expenses upon request. the "not to exceed" figures listed in Lhi.s section re_for only to Direct Personal Expense and do not inclu3c reinbursables. Pcimwrsable exl+unses are above arra beyond the "rat to exceed" figure. All fees will be billed and due payable monthly.tJith each billing the Consultant;. shall list the individual, the hours worked, and the hourly rate. Billing shall be broken dam into the following categories: Prcl inninary 1111:1sc I)csign I'hasc Construction Phase' Special Service; (de.lailed) Payments to the Consultant shall be made only from proceeds of special assessment bond sales for this project. No payments will be processed until assessment waivers are received from BDI. If bonds are not sold the City is not obligated to any payment to the Consultant. All provisions of this Arjrca»cnt whun nal s1'ccifically defined shall be reconciled in accordance with the highest ideals of Ute E]ngincering Profession. 'rine mxlersigned do hereby stage that this contract i3 excautal in triplicate, as tharjh each were an original axl that Ulere are no oral agreements that have not been reduced inn writing in this j.nsLnlmrnt. Page 5 of 6 I MICROFILMED BY .� JORM MICR+LAE CrOAP RAPIDS • nEs M01NES MICROFILMED BY JDRM MICRULAB CEDAR RAPIDS AND ULS 1•IUINL�), uv„. , It is further stated that diere are no ot•hcr calni.dcratirn or nrnies oontirjgent Upon resultir)Lg iron Ulc execution o[ tJiis ccxitract" ,or have ally of Uie above been applied by any party to this NJrconent. FOR 711E CITY: FOR 'IM CCNSUl,'rWV: ArIMT: AECEiTm A Arr}tovrD W TILE LECAI,i$P„IiT,y,'HT page 6 of 6 1 0 "tm. ._ T� MICROFILMCO BY IJORM MICR+LAB C..FonR RAPIDS • DES MOINFS I i I MICROFILMED BY JDRM MICRULAB CEDAR RAPIDS AND ULS 1•IUINL�), uv„. , It is further stated that diere are no ot•hcr calni.dcratirn or nrnies oontirjgent Upon resultir)Lg iron Ulc execution o[ tJiis ccxitract" ,or have ally of Uie above been applied by any party to this NJrconent. FOR 711E CITY: FOR 'IM CCNSUl,'rWV: ArIMT: AECEiTm A Arr}tovrD W TILE LECAI,i$P„IiT,y,'HT page 6 of 6 1 0 "tm. ._ T� MICROFILMCO BY IJORM MICR+LAB C..FonR RAPIDS • DES MOINFS M16<01 iLMLD By JORM t•IICROLAB CEDAR RAPIDS AND uLS :iv::iL,, .uv -11 Exhibit "A" to Standard Porfn of Agreement Between Owner and Engineu- for Professional Services (NSPL 1910-1-A, 1974 Edition) ,4 Duties, Responsibilities and Limitations 'of the Authority of Resident Project Representative A. General. Resident Project Representative is ENGINP.ER's Agent and shall act as directed by and under the supervision of HNGINEER. lie shall confer with ENGINEER regarding his actions. Ilis dealings in matters pertaining to the on-site Work will in general be only with ENGINEER and CON-rRAC'MR. Itis dealings with subcontractors will only be through or with the full knoMcdge of CONTRACTOR or his superinlendcnt. He shall generally communicate with OWNER only llsrough or as directed by ENGINEER. B. Duties and Responsibilities, Resident Project Representative shall: 1.. :Schedules: Review the progress schedule, schedule of Shop Drawing submissions, schedule of values and other schedules prepared by CONTRACTOR and consult with ENGINEER concerning their acceptability. ^' 2. Con/erencei: Attend prceonslntction conferences. Arrange a schedule of progress meetings rand other job -confer-ences as required in consultation with ENGINEER and notify in advance those expected to attend. Alteod meet- . ings. and maintain and circulate copies of minutes thereof. 3, Liaison: a. Serve as E•NGINEER's liaison with CONTRACTOR, working principally through CONTRACTOR's superin• Icndcnl and assist him in understanding the intens of the Contract Documents. Assisi ENGINEER in serving as OIVNER's liaison with CONTRACTOR when CONTRACrOR's operations affect OWNER's on-site operations. b. As requested by ENGINEER. assist in obtaining from OWNER additional details or information, when 'i required at she job site for proper execution of the Work. / c. In she interest of preserving the proper channels of .communication, advise ENGINEER of any direct communication between OWNER and CONTRACTOR. 4, Shop Drawings and Samples: a. Reccivrand record date of receipt of•Shop Drawings and samples which have been approved.by ENGINEER.—' It. Receive samples which arc furnished at the site by CONTRACTOR for ENGINEER's approval, and notify ENGINEER of their availability for examination. c, Advise ENGINEER and CONTRACTOR or his superintendent immediately of the commencement or any Work requiring a Shop Drawing or sample submission,if the submission has not been approved by ENGINEER. S. Review a/ IPork. Rejection of De/eerive Work, Inspections and Trsts: a. Conddct on-site ohscrvation.. of the Work in progress to assist ENGINEER in determining that the Project is proceeding in accordance with she Contract Documents and that completed Work will conform to the Contract Documents. b. Repnrl to IINGINlili It whenever he hrlievcs that any 1Vmrk is unsatislaelory, tautly or defective or does not eoufmm to the Contract Documents, or has teen damaged, or dents not meet the requirements of any inspections. Its" or a pprovah required In he made: and advise ENGINFER when he believes Work should be corrected or rejected or should IK uncovered for observation, or requires special testing or inspection. C. Verify that tests. equipment and sysicnii sarlups and npctaliing and maintenance instructions arc conducted as required by the Contract Documents and.in presence of the retptircd personnel, and that CONTRACTOR min- r,lns adequate records thereof: observe, record and report to ENGINEER appropriate details relative to the lest procedures and startups. d. Accompany OWNER and visiting inspectors representing public or other agencies having jurisdiction over the Project, record the outcome of these inspections and «port to ENGINEER. O 1974 try Natinnal Society of PrnfrMional nngincrn. 7029 K St., N.W., Wuhinclon, D.C. 20006 NSPE Publication No. 1910.1-A 1974 Hilion [- ,•�- 141CRUILMED By JORM MICR+LAB Cf DAR RAPIDS 0f9 M0111rS hIICROFILi4LD BY JORM MICROLAB LLUAR RAPIDS AIIJ UCS ioiiil 7. Shall not underlake any of the responsibilities of CONTRAC'MR, subcontractors or CONTRACTOR's superin- tendent. 3. Shall not expedite Work for IIIc CONTRACTOR. 4, Shall tint ndviw no or issue din -cions relative in any agk;ct of the means, mrthods. Ieehniques, sequences or'jiro- cedures of construction unless such is specifically called for in the Contract Documents. '"' S. Shall not advise on or issue directinns as to safely precautions and programs in connection with the Work. . cd 6. Shall not xulhoriza OWNER to occupy the Project in whole or in par(, 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others. r lh to pct r MICROFILMED BY .t ,. JORM MICR+LAB CEDAR RAPIDS • DES MOINES ' 6. Interpretation of Cor,,,arf Doruocnts: Transmit to CONTRACI'0,, clarification and inlciprelalion.of the Con- ' tract Documents as issued by ENGINEER. 7. Alndificarions: Cnnsitler mid evahwte C'ONTRACI'OR's sulrgestions for modifications in Drawings or Speeifiea= tions and report them with recommendations to ENGINEER. ' ' 8. Records: a. Maintain at the job site orderly files for correspondence, reports of job conferences, Shop Drawings and ' sample subriiissions, rcprmluclinns of original Contract Doctunrtns including all addenda, change orders, field ' orders, addilimml Drawings issued snbscqucnl In the execution of the Contract. ENGINEER's clarifications and interprelations of the Contract Dorunlenls, progress reports and other 11fnjeebrelated documents. ' b. Keep a diary or Ing book, recording hours on the job site, w•calher conditions, data relative to queslidhs of ' extras or deduction%. hit of principal visitors, daily activities, dceiiimss, nbscrvations in pencral and specific obser- vations in mor^ dclail as in the case of observing Icst procrdutcs. Send copies to I:NGINrl-R. c. Record names. addresses and telephone numbers of all CONTRACTORS. subcontractors and major suppliers of equipment and materials. I d. Advise L•NGINErR whenever CONTRACTOR is not currently maintaining an up-to-date copy of R'edord Drawings at the sill. ' 9. i Reports: ! n. Furnish ENGINEER periodic reports as required of progress of the Work and of CONTRACTOR': i .compliance whit the approved progress schedule, schcthde of Shop Drawing submissions and other schedules. b. Consult with ENGINEER in advance of scheduled major tests, inspections or start of important phases of the Work. 10, Payment Requisitions: Review Applications for Payment with CONTRACTOR for compliance with the rislab- 'l lished procedure for their submission and forward them with recommendations to ENG INEF:R, noting p4rlicu- larly their relation to the ichcdolc of vzltics, work completed and materials and equipment delivered at Ihe.,sl(e. 11, Guarantees. Certificates. Maintenance and Operation Afnnualt: During the course of The Work verify that guar - Ices, certificates, maintenance and operation manuals and other data required to be assembled and furnished by ' CONTRACTOR are applicable to the items actually installed: and deliver these data to ENGINEER for, his review and forwarding to OWNER prior to final acceptance of the Project. erip. ... q! 11. _ Completion: 'or"• a. Before ENGINEER issues a Ccrlifieaie of Substantial Completion, submit to CONTRACTOR a'Ilsf"of i observed items requiring correction. b. Conduct final inapcctinn in The company of ENGINEER, OWNER and CONTRACTOR and prepare'dtYirial list of items to be corrected. c. Verify that all deems on final list have been corrected and make recommendations To ENGINEER concerning acceptance, C. Lbnilationsof Auflmrity. •Mi'y 'Except upon written instructions of ENGINEER, Resident Projecl Representative: „ 1. Shall not authorize any deviation from The Contract Docummrits or approve any substitute materials or equip"meal. 7. Shall not underlake any of the responsibilities of CONTRAC'MR, subcontractors or CONTRACTOR's superin- tendent. 3. Shall not expedite Work for IIIc CONTRACTOR. 4, Shall tint ndviw no or issue din -cions relative in any agk;ct of the means, mrthods. Ieehniques, sequences or'jiro- cedures of construction unless such is specifically called for in the Contract Documents. '"' S. Shall not advise on or issue directinns as to safely precautions and programs in connection with the Work. . cd 6. Shall not xulhoriza OWNER to occupy the Project in whole or in par(, 7. Shall not participate in specialized field or laboratory tests or inspections conducted by others. r lh to pct r MICROFILMED BY .t ,. JORM MICR+LAB CEDAR RAPIDS • DES MOINES F1ILR0FI1-i4ED BY JORM MICROLAB • CEDAR RAPIDS AND UES 61UI:ILj, ill,u, "EXHIBIT C" Agreement Between City of Iowa City and Shivc-IlatLery and Associates Hill 91id Addi I ism j Direct personnel expenses for Shiva-Hattery & Associates personnel for 1 the duration of this project are listed below in accordance with Section III, j Paragraph 12. CLASSIFICATION RATE PER HOUR Grade B Engineer $ 21.09 ;j Grade 7 Engineer $ 17.57 Grade 6 Engineer $ 14.17 Grade 5 Engineer $ 12.52. Grade 4 Engineer 5 10.43 i Grade 3 Engineer $ 9.00 Grade 2 Engineer $ 7'83 Grade E Engineering Technician $ 12.09 Grade D Engineering Technician $ $•%h Grade C Engineering Technician $ 6.39 Grade B Engineering Technician $ 5.30 Grade A Engineering Technician $ 3.78 3 man survey crew $ 19.96 2 man survey crew $ 15.39 SHIVC•IIATTCRY & ASSOCIATES MICROFILMED BY JORM MiCR+LAB CEDAR RAPIDS • PES 1401NES ,r• MILRUFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES HdINL:,, U0 - BUSINESS DEVELOPMENT, INC. - Board of Directors Meeting July 11, 1978 Page 2 Land Pricing: Waters recommended an appraisal which would include comparison with other sites in locality; roughly it should be approximately .50/sq.ft. = 22M/A. This'better" appraisal will cost $300-500. Burger moved, Shiva seconded that Daniel be authorized to proceed with an agreement with Waters for an appropriate appraisal. Motion carried unanimously. Sale Prospect: Ryan Construction is interested in approximately 22 acres for a distribution center with approximately 200 employees. Daniel advised him the price would be near $20M/A. A Mr. DePledge is looking for a 150-200M sq.ft. building on approximately 20 acres. Land Sale Renuirements - 1979-82: Daniel presented an analysis (copy attached), including the second addition costs and Oscar Mayer sale. In summary, we need to sell one 3 acre tract/year. Nagle -Selzer Bill: Filer is to follow up to get the $4146 paid. Chamber of Commerce - BDI Relationships: Daniel will follow up to try to get better understanding of responsibilities and expectations. HDI - Chamber - City relationships also need to be considered. Condition of Property; Some junk, weeds, etc, detract from the appear - once of the area. Some properties don't yet have landscaping or screening. i Angerer suggests a letter be written to those in violation, requesting them to meet the covenants. Angerer moved, Radcliff seconded that Sueppel prepare appropriate letters urging prompt voluntary compliance with covenants. Motion carried unanimously. I Lift Station Enansion: Shiva suggested the possibility of financing the BDI _,,,a rG �hlpapprox. $GSt1) on assessment basis, along with the/pec d rt ¢Data Berlin will explore this possibility. Angerer moved, Benne seconded that the City be assured that if assessment proceedings I the City will not be out any money. Motion carried unanimously. Cash Statement: Radcliff moved that a cash statement be available at each meeting. Daniel directed this to be done. There being no further business, the meeting was adjourned. The next regular meeting is scheduled for August 8, 1978. 4 erg Secretary cc - Board q I41CRoriLMED DY ' 1i JORM MICR+L.AB CEDAR PAPIOS • RES MOINES f_11CROHI-MED BY JORM 1•IICROLAB CEDAR RAPIUS AND ikS MUINL�, AGREEMENT BETWEEN THE CITY OF 10WA CITY AND BUSINESS DEVELOPMENT INC. (BDI) I reseen reason the municipal improvements in and adjacent to If for some unfo the proposed BDI Second Addition a leted, BDI hereby agrees to pre not constructed and the associated assessment bond sales are, not compy Consultant's fee for work completed prior to termination of the erms of the Agreement City/Consultant Agreement in accordance with the t I dated July 1978- ...r•, BUSINESS DEVELOPMENT, INC. BY: Daniel, President DATE: July 11, 1918 ,I SHIVE•HATTERY L ASSOCIATES 5;.._ k�r,}......� { tdICROFILMEO 6Y JORM MICR+LAB , CERAR RAPIDS • DES MOINES MICROFILMEU BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL: , .Uelll RESOLUTION N0. 78-343 RESOLUTION ESTABLISHING MINE401 CHARGES FOR THE MAINTENANCE OF WATER METERS FOR PRIVATE NATER SUPPLIES. *IERFAS, Ordinance No. 78-2911 (Chapter 3.14.1(1'.) of the municipal code of Iowa City, Iowa)provides for the installation of meters on private water supplies, and MiER11S, said Ordinance further provides for a monthly service charge for the maintenance of said meters as determined by resolution, and WHIRDAS, the Director of Public Works has developed a schedule of charges for maintenance of said meters. NOW THEREFORE BE IT RESOLVED 13Y THE COUNCIL OF THE CITY OF IOIVA CITY, IOWA: 1. That the minim= charges for maintenance of meters on private water supplies shall be as follows: Meter Size Inches Monthly Cost per Meter for Private Water Supply Sources 5/8-3/4 $ 1.89 1 C 1j 4.91 2 6.80 3 13.22 4 23.60 6 i It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer N i i _ x Perret _ x _ _Roberts x Vevera Y E 7 c MICROFILMEU BY JORM MICROLAB CEDAR RAPIDS AND UES MUINL: , .Uelll RESOLUTION N0. 78-343 RESOLUTION ESTABLISHING MINE401 CHARGES FOR THE MAINTENANCE OF WATER METERS FOR PRIVATE NATER SUPPLIES. *IERFAS, Ordinance No. 78-2911 (Chapter 3.14.1(1'.) of the municipal code of Iowa City, Iowa)provides for the installation of meters on private water supplies, and MiER11S, said Ordinance further provides for a monthly service charge for the maintenance of said meters as determined by resolution, and WHIRDAS, the Director of Public Works has developed a schedule of charges for maintenance of said meters. NOW THEREFORE BE IT RESOLVED 13Y THE COUNCIL OF THE CITY OF IOIVA CITY, IOWA: 1. That the minim= charges for maintenance of meters on private water supplies shall be as follows: Meter Size Inches Monthly Cost per Meter for Private Water Supply Sources 5/8-3/4 $ 1.89 1 3.40 1j 4.91 2 6.80 3 13.22 4 23.60 6 48.15 It was moved by deProsse and seconded by Balmer that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser _ x Perret _ x _ _Roberts x Vevera 141CROFILI4ED BY I JORM MICR+LAB l � CEDAR RAPIDS - DFS MOINES /37/ MILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND UES MUINL�, .Uv... Resolution No. 78-2911 Page 2. !1114�'y Passed and approved this 25th day of July 1978. ROREHr A. VEVERA, MAYOR wllu�-M vd• 7TH ?FILMED BY I JORM MICR+LAB i CEDAR RAPIDS • DES 1401NES RECEIVED & APPROVED BY THE LEGAL EPARTMM i i i i i MILROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND UES MUINL�, .Uv... Resolution No. 78-2911 Page 2. !1114�'y Passed and approved this 25th day of July 1978. ROREHr A. VEVERA, MAYOR wllu�-M vd• 7TH ?FILMED BY I JORM MICR+LAB i CEDAR RAPIDS • DES 1401NES RECEIVED & APPROVED BY THE LEGAL EPARTMM