HomeMy WebLinkAbout1978-09-05 ResolutionMICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND ULS MU1PILb, iUviii
C,
�- .,ESOLUTION NO. 78-394
RESOLUTION APPROVING CLASS "B"
BEER PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class "B" Beer Permit Application is hereby approved
for the following named person or persons at the following
described location:
Ken's Pizza Parlors, Inc. dba/ Ken's Pizza Parlor, 1950 Lower
Muscatine Road
Said approval shall be subject to any conditions or re-
strictions hereafter imposed by ordinance or State law.
The Cityy Clerk shall cause a recommendation for
approval to be endorsed upon the application and forward
the same together with the license fee, certificate of
financial responsibility, surety bond and all other
information or documents required to the Iowa Beer and
Liquor Control Department.
It was moved by Roberts and seconded by deProsse
that the Resolution as re—tea Te adopted, and upon ro ca
there were:
AYES: NAYS: ABSENT:
Balmer x
deProsse
Erdahl x
Neuhauser x
Perret x
Roberts x
Vevera x
Passed and approved this 5th day of September , 19 78
Mayor
Attest:���
City Clerk l'
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CEDAR RAPIDS AND ULS FiDINES, IU'eJA
RESOLUTION NO. 78-395
RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class B Beer Sunday Permit application is
hereby approved for the following named person or persons at
the following described location:
Ken's Pizza Parlors, Inc. dba/Ken's Pizza Parlor, 1950 Lower
Muscatine Road
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 5th day of September
19 78
Mayor
Attest: (2�-(
City Clerk
t... • I 141CROFILMED BY
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CFOAR RAPIDS - DFS MOINES
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I;IICROFILPIED BY JORM MICROLAB
CEDAR RAPIDS AND ULS FiDINES, IU'eJA
RESOLUTION NO. 78-395
RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY
PERMIT APPLICATION
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class B Beer Sunday Permit application is
hereby approved for the following named person or persons at
the following described location:
Ken's Pizza Parlors, Inc. dba/Ken's Pizza Parlor, 1950 Lower
Muscatine Road
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 5th day of September
19 78
Mayor
Attest: (2�-(
City Clerk
t... • I 141CROFILMED BY
JORM MICR+LAB
CFOAR RAPIDS - DFS MOINES
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t1ILROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MO DIES, 10rvA
SOLUTION NO. 78-396
RESOLUTION APPROVING CLASS
LIQUOR CONTROL LICENSE APPLICAibN
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,
that a Class C Liquor Control License application
is hereby approv�sor the following named person or
persons at the following described location:
Rugger -Burns Restaurants, Inc. dba/Iowa Thrashers, 1515 Mall Drive
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 read be adopted, and upon roi ca
there were:
AYES: NAYS: ABSENT:
Balmer
x
deProsse
x
Erdahl
x
Neuhauserx
_
Perret
x _
Roberts
x
Vevera
Passed and approved this 5th day of September 19 78
I
Mayor
raLAttest: L'
City Clerk
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JORM MICR+LAB
CI:DAR RAPID; • RCS MOI:ICS
h1ICROFIL14ED BY JORM MICROLAB
CEDAR RAPIDS AND ULS 14UIRL�, 10'04
RESOLUTION NO. 78-397
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:
Rugger -Burns Restaurants, Inc. dba/Iowa Thrashers, 1515 Mall Drive
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 5th day of September
19 78
Attest: L
City Clerk
Mayor
Id ICWILMEB BY
JORM MICR+LAB
UDAR RAPIDS DCS M011105
1.11LROFILMED BY JORM MICROLAB
• CEDAR RAPIDS AND ULS MOINL�), IU4
RESOLUTION NO. 78-398
RING ON
RESOLUTION
CONTRACT, AND ESTUIMATE OFACOST FOR PTHE SCONSTRUCT CONSTRUCTION O
THE
RM
OF
SERVICE BUILDING ADDITION
DIRECTING CITY CLERK To PUBLISH NOTICE
CSAIODNNEAnFOR PUBLIC
ING CITY ENGINEER TO PLACE SAID PLANS,
INSPECTION.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract, and
estimate of cost for the construction of the above-named project isto
thhoee held
Council
on the 12thday of September 1978 , at 7•zn p M
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice of
the public hearing for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city, not
less than four (4) nor more than twenty (20) days before said hearing.
3. That the plans, specifications, form of contract, and estimateo on file
for
the construction of the above-named project are hereby ordered placed
i r in the office of the City Clerk for public inspection.
by the City Eng nee
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:
x BALMER
x dePROSSE
x ERDAHL
x NEUHAUSER
x PERRET
x ROBERTS
x VEVERA
Passed and approved this 5th day of September 1978
ATTEST: �ll L "� �N L- L I -
City Clerk
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Recolvod & AppFovsd
By Tho legal DCparlmenl
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MICROFILMED BY JORM MICROLAB
CEDAR RAPIUS AND UES MUINLS, IU+A
RESOLUTION N0. 76-399
RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PURCHASE
OUTSTANDING SERIES 1961 AND SERIES 1967 WATER REVENUE BONDS.
WHEREAS, the City Council of Iowa City, Iowa, duly and legally enacted Bond Reso-
lutions for Series 1961 Water Revenue Bond for the purchase of a Plater Distribution System
for the City of Iowa City and for Series 1967 Water Revenue Bonds for the purpose of
improving and extending the waterworks plant and system, and
WHEREAS, said Bond Resolutions set forth thereof that any excess in the Bond and
Interest Reserve Account may be used to purchase any of said bonds then outstanding at
not exceeding par value and accrued interest or if not so used, shall be used to call
and redeem such bonds as may be then subject to redemption prior to maturity, and
WHEREAS, whenever an excess does exist in said account because the 1961 issue
became callable on or after December 1, 1971, the City could be required to call said
bonds pursuant to its resolution, and
WHEREAS, the Council deems it in the public interest that the City purchase
outstanding bonds when excess funds are available.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
1. That the City of Iowa City shall purthase outstanding bonds
of the 1961 Series and 1967 Series Water Revenue Bonds when
excess funds are available in the Bond and Interest Reserve
Account.
2. That the City Finance Director is hereby authorized and directed
to take all steps necessary as required by the resolutions adopt-
ing the 1961 Series and 1967 Series Water Revenue Bonds in order
to purchase outstanding bonds.
3. That the City Finance Director will notify the Council in
writing when any purchases have been made.
It was moved by
Roberts and seconded by deProsse
that the Resolotion be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Neuhauser
— deProsse
x Balmer
x Perret
x Vevera
x
X Erdahl
Roberts
x
Passed and approved this 5th day of September 1978•
MAYOR RECEIM S APPROVED
BY THE LF
GAL DEPARTMENT
CLERK I LFGAL
141CROFUMED BY
JORM MICR+LAB
UPAR RAMPS • PCS MOINES
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MICROFILMED BY JORM MICROLAB
CEDAR RAPIUS AND UES MUINLS, IU+A
RESOLUTION N0. 76-399
RESOLUTION AUTHORIZING THE DIRECTOR OF FINANCE TO PURCHASE
OUTSTANDING SERIES 1961 AND SERIES 1967 WATER REVENUE BONDS.
WHEREAS, the City Council of Iowa City, Iowa, duly and legally enacted Bond Reso-
lutions for Series 1961 Water Revenue Bond for the purchase of a Plater Distribution System
for the City of Iowa City and for Series 1967 Water Revenue Bonds for the purpose of
improving and extending the waterworks plant and system, and
WHEREAS, said Bond Resolutions set forth thereof that any excess in the Bond and
Interest Reserve Account may be used to purchase any of said bonds then outstanding at
not exceeding par value and accrued interest or if not so used, shall be used to call
and redeem such bonds as may be then subject to redemption prior to maturity, and
WHEREAS, whenever an excess does exist in said account because the 1961 issue
became callable on or after December 1, 1971, the City could be required to call said
bonds pursuant to its resolution, and
WHEREAS, the Council deems it in the public interest that the City purchase
outstanding bonds when excess funds are available.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA
1. That the City of Iowa City shall purthase outstanding bonds
of the 1961 Series and 1967 Series Water Revenue Bonds when
excess funds are available in the Bond and Interest Reserve
Account.
2. That the City Finance Director is hereby authorized and directed
to take all steps necessary as required by the resolutions adopt-
ing the 1961 Series and 1967 Series Water Revenue Bonds in order
to purchase outstanding bonds.
3. That the City Finance Director will notify the Council in
writing when any purchases have been made.
It was moved by
Roberts and seconded by deProsse
that the Resolotion be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Neuhauser
— deProsse
x Balmer
x Perret
x Vevera
x
X Erdahl
Roberts
x
Passed and approved this 5th day of September 1978•
MAYOR RECEIM S APPROVED
BY THE LF
GAL DEPARTMENT
CLERK I LFGAL
141CROFUMED BY
JORM MICR+LAB
UPAR RAMPS • PCS MOINES
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fd1LRUFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MUINL�, TWOu
City of Iowa Citi
MEMORANDUM
DATE: August 30, 1978
TO: City Manager/City Council
FROM: Rosemary Vitosh, Director of Finance w
RE: Purchase of Outstanding Water Revenue Bonds
In the past when excess funds were available in the Bond and Interest
Reserve Account, the City has purchased outstanding bonds through a
request for Bond Tenders. A little over a week ago, an opportunity
arose for the City to purchase $20,000 in outstanding Series 1967 Water
Revenue Bonds as a bondholder had placed the Bonds on the market for
sale. The City had $34,027 in excess funds available for such a
purchase. The Bonds were offered for sale at a price of 93.91 and
accrued interest. Total cost was computed at $18,957.39 and would
result in a total savings to the City of $6,372 in principal and
interest payments. I did authorize the purchase of the Bonds and
the transaction was completed on August 28, 1978.
The Bond Resolution does not state that Council authorization is
necessary for such a purchase. I am submitting a resolution for
Council approval which would authorize the Finance Director to make
such purchases in accordance with the Bond Resolution so that the
Finance Director's authority in this matter is clarified. I do not
anticipate purchasing occuring frequently but do feel that it is
financially prudent for the City to take advantage of them when
such occur. On the average, the selling price is probably as good
or better thanthe prices offered through a Bond Tender and the costs
associated with putting together a Bond Tender are non-existent. I
will notify the Council in writing when any such purchases are made
and do not intend to initiate a Bond Tender without prior Council
approval.
MICROFIL1410 BY
1
JORM MICR+LAB
CNAR IUIPM ?CS MOIq[S
t41CROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MOINES, IOWA
RESOLUTION NO. 78-400
RESOLUTION OF INTENT
FACILITY PLAN, SECTION 1
Resolution indicating that the City Council of the City of Iowa City, Iowa,
having the necessary legal, financial, institutional and managerial resources,
intends to construct, operate and maintain certain proposed water pollution
control works if such works are approved and funded by the State and Federal
governments.
WHEREAS, the City of Iowa City, Iowa, possesses the necessary legal, financial,
institutional and managerial resources to construct, operate and maintain water
pollution control works and related facilities; and
WHEREAS, the existing collection, treatment and disposal facilities do not meet
current State and Federal requirements; and
WHEREAS, the recently completed Section 1, Facility Plan Report, prepared in
accordance with the Final Construction Grant Regulations, 40 CFR, Part 35,
Subpart E, dated February 11, 1974, proposes certain improvements to the
City's collection, treatment and disposal facilities which will comply with
State and Federal requirements.
NOW, THEREFORE, BE IT RESOLVED that the City of Iowa City hereby indicates its
concurrence with the proposed facilities in the referenced planning report and
the City's intent to construct, operate and maintain the proposed facilities
in accordance with State and Federal requirements, if said facilities are
approved and funded by the State and the U.S. Environmental Protection Agency.
It was moved by Roberts and seconded by deProsse
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 5th day of September 19 78.
Mayor
ATTEST: Lit .0 .J
City Clerk
RECEIVED & APPROVED
BY THE LEGOI. DEPARTMENT
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CEDAR RAPIDS DCS MOINES
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t41CROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES MOINES, IOWA
RESOLUTION NO. 78-400
RESOLUTION OF INTENT
FACILITY PLAN, SECTION 1
Resolution indicating that the City Council of the City of Iowa City, Iowa,
having the necessary legal, financial, institutional and managerial resources,
intends to construct, operate and maintain certain proposed water pollution
control works if such works are approved and funded by the State and Federal
governments.
WHEREAS, the City of Iowa City, Iowa, possesses the necessary legal, financial,
institutional and managerial resources to construct, operate and maintain water
pollution control works and related facilities; and
WHEREAS, the existing collection, treatment and disposal facilities do not meet
current State and Federal requirements; and
WHEREAS, the recently completed Section 1, Facility Plan Report, prepared in
accordance with the Final Construction Grant Regulations, 40 CFR, Part 35,
Subpart E, dated February 11, 1974, proposes certain improvements to the
City's collection, treatment and disposal facilities which will comply with
State and Federal requirements.
NOW, THEREFORE, BE IT RESOLVED that the City of Iowa City hereby indicates its
concurrence with the proposed facilities in the referenced planning report and
the City's intent to construct, operate and maintain the proposed facilities
in accordance with State and Federal requirements, if said facilities are
approved and funded by the State and the U.S. Environmental Protection Agency.
It was moved by Roberts and seconded by deProsse
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 5th day of September 19 78.
Mayor
ATTEST: Lit .0 .J
City Clerk
RECEIVED & APPROVED
BY THE LEGOI. DEPARTMENT
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IdI CROFILMED BY
1 JORM MICR+LA13
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CEDAR RAPIDS DCS MOINES
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fj1CROFILMED BY,JORM MICROLAB
CEDAR RAPIDS AND DES MINES,'10'riA
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RESOLUTION No. 78-401
i
RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
-
ESTIMATE OF COST FOR THE CONSTRUCTION OF THE GOVERNOR ROBERT
LUCAS SQUARE & FOUNTAIN PROJECT
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID,. DIRECT-
ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING ,TIME AND
PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plana, specifications, form of contract,
andestimate of cost for the construction of the above-named 'project was published as
required by law, and the hearing thereon held.
i
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the plans,lspecifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby approved.
2. That the amount of bid security to ,accompany each bid forthe construction of
ry
the above-named project shall be in the amount of $7,000.00 payable to
Treasurer, City of Iowa City, Iowa.'
3. That the City Clerk is hereby authorized and directed to publish notice for
the receipt of bide for the construction of the above-named project in a newspaper
published at least once weekly and having a general circulation in the city not less
than four (4) nor more than twenty (20) days before the date established for,the receipt
e' I
of bide.
4.. That bids for the construction of the above-named project are to be received
by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic ,Center,
until 10:00 A.M.'- on'the 19th dayof September 191a.r Thereafter,
the bide will be opened by the City ELineer and
Iowa Cit Iowa for. action upon said
f I Po
of the Cit o ,
..thereupon referred to the Council e y Y.
bids at its next meeting to be hold 'at'the Council Chambers, Civic Center, Iowa City,
Iowa, at 7:30 P.M. on the 19th day of September 19 78' .
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By The Legal DeN�
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DEDRR [?ANDS • DES MDInES
fICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND 'UES 11011ILS, IOWA
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Page 2
Resolution No. 78-401
,
4
It was moved by Neuhauser and seconded by Balmer that
the Resolution as rea e,a opte , and upon roll ca t ere were:
j
AYES: NAYS:
j ABSENT:
x
BALMER ;
x dePROSSE
x ERDAHL
x NEUHAUSER
j x PERRET
ROBERTS
x
x VEVERA
Passed and approved this 5th day of September , 19.78.
MAYOR
"
ATTEST:
CITY CLERK
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'I DORM MICROLAB
CEDAR RAPIDS - DES MOINES
IAICROFILMED BY JORM 111CROLAB
CEDAR RAPIDS, AND DES MUII4ES, IOWA
i
- RESOLUTION NO. 78-402
i
A.RESOLUTION ESTABLISHING A POLICY CONCERNING
.1
CITY COUNCIL CONTACTS AND RELATIONSHIPS WITH
.-i
POTENTIAL BROADBAND TELECOMMUNICATIONS APPLICANTS.
..
Y
WHEREAS, the City Council of the City of Iowa City, Iowa has requested'
that any person interested in receiving a franchise to operate a broad-
band telecommunications franchise submit a completed "Request for
Proposals", and
WHEREAS, ,the City ,Council deems it in the public interest to adopt a
policy concerning City Council relationships and contacts with potential
-.broadband telecommuncations applicants.
!
NOW, THEREFORE, BE IT SO RESOLVED BY THECITY'.COUNCIL OF. THE CITY OF..
1
i
IOWA CITY,-SOWA,Ithat in the event any person with a -financial interest
;
cation company or other such association
in an broadband telecommunications
{
approaches a councilecommumember o present a proposal with regard to cable
!
television, such councilperson shall invite said person to appear before
tt
the City Council and make proposal known at a City Council meeting:
e
It was moved by Balmer and seconded by Neuhauser
4
that the Resolution, be adopted, and upon roll call there were:
`
AYES: NAYS: ABSENT:
X Balmer
x deProsse
—_
g Erdahl
.
I
R Neuhauser
c
X Ferret
'r
x Roberts
z Vevera
s
y
Passed and approved, this 5th day of September 1978.
MAYOR
^
ATTEST:
CITY CLERK J
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RECEIVED & AFF'�r • —
BY ,THE LEGAL DEFAf,TKENT
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I4ICROPILI4ED BY
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COAR PATIOS • OLS MOIW[S —
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Y
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MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Y
WHEREAS, the City of Iowa City, Iowa, employs certain classified
ersonnel and
I p
WHEREAS, it. is necessary to amend the classified pay plan included
^f in Resolution No. 78-212, }
-.i NOW, -THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA
a,
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RESOLUTION NO. 78-403
C
RESOLUTION
AMENDING RESOLUTION NO.
78-212 AND
PROVIDING.
FOR A POSITION CHANGE IN
THE CLASSIFIED
t
PAY PLAN.
WHEREAS, the City of Iowa City, Iowa, employs certain classified
ersonnel and
I p
WHEREAS, it. is necessary to amend the classified pay plan included
^f in Resolution No. 78-212, }
-.i NOW, -THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA
MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MOINES, IOWA
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AGM 11STf I
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AGRI-Di Nr Ion MAINMANCE OF T1iA11'IC SIGNITy AT
AVEM AND UNIVERSITY HOSPITAL
INUMSBCTIONS OF NOOLF
AND HCOLr AVL'NUE AND pARKING RAMP ENTRANCE.
ENTRANCE,
into by the University of Iowa (hereinafter
'E
This agreement is entered
land
the University) the City of Iowa City, Iowa (hereinafter the City).
traffic control devices at the following I
{VIiIILEAS, the University owns
intersections:
(1) {9oolf Avenue and the main hospital entrance, and
the hospital parking ramp exit located south of
(2) Woolf Avenue and
`
the intersection in (1) above,and
these traffic
N7RiEAS, the University desires to have the City maintain
control devices, and the City desires to maintain then.
UNIVERSITY ADID:TI� CITY AGREE AS I0 LLA {9S :
TIRiE1URE, THE
to repair the two!traffic control systems as needed,
1. The City agrees
notice from the University.
upon
The Unfor repair work on a time and
iversity agrees to pay the City
2.
materials basis according to the following formula:
Amount billed = cost of materials ',+ (hourly wag a of each employee
factor) + equipment
x hours worked by each employee x a benefit
rental'. �I
I.
factor represents the fringe benefits paid to employees over and
The benefit
•i :
above salaries. The present factor is 1.20. If this factor should change,
University upon ':The City may
d the Uni Y
will be provide I
justification
change this factor if there is a change in its benefits.
lei
It is agreed that the University nssumes responsibility for promptly
3.
notifying the City when the traffic control devices are malfunctioning and the
bears total responsibility for providing adequate and safe alternative
University
f a sin or similar means)
either. t hrou h use g
'c con t rols g
traffic h
-'cal
n 0 nil>ec ani
to repair the device. The University will
until the City crew is available
t
'f the Y.
to Y Ci
liability for any failure by the University n0 ti.
ass4ane ,
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141 C 0 1. .•1-
JORM MICR+LAB.
CEDAR RAPIDS • DCS MOINES `
y r•11LROFILMEO BY JORM MILROLAB CEDAR RAPIDS AND DES
MOINES, IOWA
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AGREEMENTS/CONTRACTS'..
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Attached are unexecuted copies of Ki-.,... ...
% /o c l
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aa' .signed by ,the Mayor.
After their execution by the second party, please route
41
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3) �U.Ci.Ll:crvctc��^LCLt�2�J
p) Lc
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i!°for
�� � is to be responsible
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completion of this procedure.
Abbie'Stolfus, CMC
City Clerk
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MICROFILMED BY JORM MICROLAB
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M!CROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES MOINES, IOWA
PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA
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AGRITB+II:N'I' PLR MAIN F-XTMSI0N
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TI I IS AGRP:IiAtiNl' made this day � -�
by and between the City of Iowa City (hereinafter referred to as CITY) and
Cornelia Cameron and William 1'_ and Vlasta
of Iowa Cid I01Ja 52240
Iowa, (hereinafter referred to as "USER").
miEREAS, the City of Iowa City is a municipal corporation authorized to act
pursuant to the laws of the State of Iowa; and i
WI�TttAS, the undersigned, being owners of the following described real estate
located within the City limits of the City of Iowa City, Johnson County, Iowa,
to-wit: The SL a NP'J� of Section '17-79-6 of the 5th p.m. except for that part used
for road on the west and the south and that part contained in MacBride'Addition,
Part Two and that art olvned U the Cit for culvert extensions on'Mormon Trek
Boulevard and Benton Street;
and
1�l-REPS, said User wishes to have a water main installed in front of the
i
above described property; and ?.
WHELPS, the User and the City agree and understand that they do not,wish to 1
I,
avail themselves to the rights and reredies as provided by ChaPteL 384; of the
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of Iowa,1977, as to the installation of said water main. `
CodeI
AND UNDERS=D THAT the City will install
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NOW, Tl{ERLEORE, IT IS [IliREBY AGREED
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the water main at<its 'Own cost in front of'the'proper ty owned by the User. Said
mains and appurtenances are further described as follows:
u o reale valves and hydrants to he locate
12 D:I P. with appropriate d on th west side
of Mormon Trek Boulevard and the south side of Benton Street'
i-
In consideration for the Cetyls installation of said water m�,„ and a PPS
the User agrees to pay a ' fee of $ 3. GO per lineal foot at
1
tenances,
such time the User or subsequent timers of the land tap on to thewatermain.'
Further, it is understood that the owner, its assigns or successors and interests,
to waive any rights or raedi.es afforded to it by the provisions of Chapter '
agree
384 of the Code of Iowa, 1977, and more specifically the cost of such improvements
not meet the requirenents of notice, benefit or value as Provided by the law
need
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of the State of Iowa for assessing such improvements. I
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f91CRUF1I.MED BY JURM MICRULAB CEDAk RAPIDS AND ULS MULNL lJn„
"OR THE LEGAL EFFECT OF THE USE
1 VIRGINIA JF THIS FORM. CONSULT YOUR LAWYER
STATE OF IYY44......... . .. �.C.11c/-f!?_x ..COUNTY, ss:
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On ihi; v(.^.t....doy of .. .. `GU. �.l-C.! 1 ., A. D. 1978- , before mo, the undersigned a Nolery Public
Virinia
in and for the Slate of 9Xa, personally ag peared ... - Cornelia - -Cameron - - - -- -' ....... -' """"
.. ........ ........ _ ........ to me known fo be the identical Pci' ens nerved in and who e.eculed the wiihin end fo,ogoing instrument, to which
this is attached, and acknowledged that they oteculed the same as their voluntary Icf and deed. .
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Notary ublic in and for the State d a'XIX -
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RESOLUTION NO. 78-406
RESOLUTION OF ASSURANCE/SANITARY
SEWER SERVICE FOR UNIVERSITY HEIGHTS
WHEREAS, the City of.Iowa 'City, Iowa, has recently completed and approved
Section 1, Facility Plan Report, prepared in accordance with the Final
Construction Grant Regulations, 40 CFR, Part 35, Subpart E, dated February ll,
1974; which proposes certain improvements to the City's collection, treatment,
'
and disposal facilities, which will comply with State and Federal requirements;
and
WHEREAS, the City of University Heights, Iowa, is included within the planning
area studied in said report and is currently being provided sewer service by 11
the City of Iowa City; and
WHEREAS, the City of Iowa City, Iowa, will be requesting financial assistance;
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from both Federal and State agencies to construct said improvements.
NOW, THEREFORE, BE IT RESOLVED that the City of Iowa City hereby provides the
following assurances if said facilities are approved and funded by the State
and U.S. Environmental. Protection Agency:
1. That sanitary sewerage from University Heights will continue
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to be accepted and treated;
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2. That a new rate structure for sewer use will be developed
to pay the local share of the proposed improvement costs
consistent with State and'Federal-requirements;
3. That the rate structure will be applied uniformly to
residents of both communities except that a surcharge
" ersit Heights
will be established for University hts residents forv y 9
those administrative, operating; construction, or other
expenses that can be shown to be funded in whole or in
part by Iowa City Ad Valorem Taxes; and
4. That given the authority by University Heights, Iowa City'
shall endeavor to contract to make repairs to sewers in
University Heights that may be found to be cost effective
in the forthcoming Facility Plan, Section 2, consistent
with similar repairs to be made in Iowa City's sewer system.
It was moved by - Perret and seconded by deProsse that the',
Resolution be adopte an upon roll call there were:
AYES: NAYS:ABSENTi,
z Balmer
z deProsse
x Erdahl
—
x Neuhauser ;
z — Perret
x Roberts
x Vevera
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fICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA ,Y
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Resolution No. 78-406
-
Passed and approved this 5th day of September 19 78,
Mayor
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ATTEST:,6
,ty Clerk
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IAICROFILMED BY'JORM MICROLAB
CEDAR RAPIDS AND UES MUINES,IUWA
RESOLUTION NO. -
RESOLUTION OF ASSURANCE./SANITARY
SEWER SERVICE FOR UNIVERSITY HEIGHTS
WHEREAS, the City of Iowa City, Iowa, has recently completed and approved
the Final
Section 1, Facility Plan Report, prepared in accordance with
40 CFR, Part 35, Subpart E, dated February 11,
Construction Grant Regulations,
certain improvements to the City's collection, treatment,
1974; which proposes
and disposal facilities, which will comply with State and Federal requirements;
and
WHEREAS, the City of University Heights, Iowa, is included within the planning
being sewer service by
area studied in said report and is currently provided
the City of Iowa City; and
WHEREAS, the City of Iowa City, Iowa, will be requesting financial assistance
said improvements; and
from both Federal and State agencies to construct
WHEREAS, the City of Iowa City proposes to accept and treat University': Heights
be funded by the State and U.S.
sanitary sewerage if said improvements shall
Environmental Protection Agency.'
NOW, THEREFORE, BE IT RESOLVED that the City of University Heights hereby provides
approved and funded by. the State
the following assurances if said facilities are
and U.S. Environmental Protection Agency:
;
1. That University Heights residents will pay sewer use charges
to
consistent with user charges for Iowa,Ci,ty residents, yet
Heights residents will '
be developed, except that University
an additional service for those administrative, operating,
pay
construction, or other expenses that can be shown to be
Ad Valorem Taxes in Iowa City; ,
funded in whole or in part by
2 That the City of Iowa City shall be given authority for right
and/or easements to make 'repairs
of access to the right of way
in University Heights that may be found to becost
to sewers Section 2,
'n Facility ,Plan,
court
effective to the forthcoming
,
with similar repairs made in Iowa City's system.
and seconded by that the Resolution
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It was moved by ;
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be adopted, and upon ro call there were:
AYES: NAYS: ABSENT:
Breese
Good
— —Hedlund i'
—� r Knowle ,
Kruse
— Rhodes
— Savage
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Stehbens
141CROFILMED BY
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CEMR RAPIDS MORIGS 'i
LIICROFILMED'BY JORM 141CROLAB
CEDAR RAPIDS AND UES MOINES, IOWA
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Resolution No.
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Passed and approved this
day of 19
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Mayor
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ATTEST:
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City Clerk
UCEIVED & AP P
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RESOLUTION NO. 781107 ✓
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, G
I" 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 UrbanRenewal` Project f
tY to the City Council of the City of'Iowa City from the City Council acting as LPA, by i
j it tM
Resolution Number 76-446,', dated December 14, 1976, and by Resolution Number 77-312, E
dated August 9, 1977; and, I
1
WHEREAS, the City Council of Iowa' City, Iowa, caused to be issued a solicitation.
t 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 1
pursuant to the authority', granted by Section 403 of the 1977 Code of Iowa and
Section 570.801(c) of Pari 570, Title 24, Code of Federal Regulations, the Mayor
and City Clerk are hereby: authorized and directed to execute, on behalf of the City
i of Iowa City, a,contract.for Sale of Land for Private Redevelopment by and between 1
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 deed for said property and
deliver the; deed to Anna and Robert Rath'
upon receipt of payment for said property.
It was moved by dePrnssa and seconded by Perret
that the Resolution as read be adopted and upon roll, call there were:
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Part I
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CONTRACT FOR
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SALE OF LAND FOR'PRIVATE REDEVELOPMENT.
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By and Between
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Anna and Robert Rath
and
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The City of Iowa City, Iowa
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141CROFILMED BY
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t11CROFILMED BY JORM 141CROLAB
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CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this Part l and Part, Il annexed hereto and
made'a part hereof (which Part l and fart JI are together hereinafter
called 'agreements% made on or as of the /,-,'el,. day of
o F ./, 19 7,<1, by tin 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 xtn' Robt. 6 Anna Rath a ;
�>Si�Yci4�4�6�1K�0�tgt1X997mg17G46�tXx�wm7nx>mtaexkmaoc>m8 x30mbexa&
xxxxxxxxxxxxXfIK nYx26"Yxea-0Kndxxac>iervoEnp®i3d and having an office
for the transaction of business at 221 bey Building
in the City of Iowa City County of Johnson and, {
State ofowl WITNESSETII:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act,
the City`, has undertaken a program for the clearance and reconstruction! I
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
i
WHEREAS, as of the date of this Agreement there has been prepared
i and approved by the City an urban renewal plan for,the Project, con -
sitting 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
I 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 I
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 (:ity to achieve the objectives of
the ,Urban Renewal Plan and particularly to make the land in the Projcct
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
I
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
ti 141CROFILMED BY .�;.
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tho as
in Schedule A annexed hereto and DiDde a part heteoft(w1hich property
So described'is hereinafter cailyd "I'ro�n+rty")
the uses specified in the Urban
Property for and in accordance with
with the Agreement; and
Renewal Plan and in accordance
Wimui.AS, the City helieveSLhat redelpnWilt Of
oflthorAgrecY
pursuant to the Agreement, ; Illd thc,11'ullfillment generally
the City and the health,
an,
moot, are in the vital and hest interests of
welfare of its residents, and in accord with the
safety, morals, and
and provisions of the applicable Federal, State, and
public purposes
requirements under which the Project has been undertaken;
local laws and
and i
has acquired title to certain property described
WHEREAS, the City
in Schedule A hereof:
i NOW, THEREFORE., in consideration of the premises and the mutual ,
of them does hereby covenant and
obligations of the parties hereto, each
agree with the other as follows:
SECTION I. SALE: PURCHASE PRICE
' Subject to all the terms, covenants, and conditions of the Agree-
the described in Schedule A
ment, the City, will sell property
for, and the Redeveloper will purchase
hereof to the Redeveloper
from the City and pay therefore, the amounts set forth
of
the property'
in Schedule B hereof, subject to ,the terms and conditions
forth in Schedule,y I
Section 2 of: this Agreement. The amounts set
price," are to be paid in cash or by
hereinafter called "'Purchase
with the delivery of the deeds
certified check simultaneously
the property to the Redeveloper.
conveying
' SECTION 2. CONVEYANCE OF PROPERTY
:orm of Deed. The City shall convey to the Redeveloper title
a I (hereinafter called
( )
Deed to tte property by ,Special Warranty
and title shall, in addition to the
"Deed"): Such conveyance
provided for in Section 704, Part
i condition subsequently
hereof, and to all 'other conditions, covenants, and restric-
in the Agreement,.be
tions set forth or referred to' else where
subject to:
(1)' Such casements as it shall have been necessary, pursuant
'tofaTsyeWcrsfor
to the Urban Renewal Plan, for the City
itself or for future' dedication or grant,
distribution lines, electric,
drains, water and gas and
'and telegraph installations, rights-of-way
telephone,
' +as described cribed'or referred to in "Schedule A,"
or
access,d
referenced
description of property, attached hereto and refer en
as a part hereof;
ed in
(2) All conditions,' covenants and restrictiIIs f this nContract.
said Urban, Renewal Plan and Part I and
i• 141CROFIL14ED BY
JORM MICR46LAO
:.'CCDM RAPI05 Of.S N01":[5
1;1lCROFILifiD
BY JOR14 141GROLAB CEDAR RAPIDS AND DES MOINES, 10WA
i
(b)
'rime and Place for Deliver of Dceds. The City, shall deliver
t e Deedan possession of tle 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.,
J )
y City will furnish to the Rede-
Deliver of the Abstract. The
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 r
Redeveloper.
i
/ (e)
Uclivcr of Pro ert The City will deliver the property
Y p Y
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 for 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'Rede-
veloper. If the City',is unable to 'cure the default within the
sixty (60) days as provided herein, the'Redeveloper shall, at
t the
its option, stand relieved of its obligation to accept
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, Itis expressly
understood and agreed that the City shall have no other liability,'
direct or indirect, to the Redeveloper on account of delay or
141CROHILMED BV
JORM MICR6LAS
CEDAR 2ACIDS DES MOINES
191CROFILMED BY JORM 141CROLAB
CEDAR RAPIDS AND DES MUMLS, IOWA
Inability to deliver land ro the Redeveloper as called for in
in the event of
Chis Agreement and tho Redeveloper's remedy
urban renewal land is
default by'the City in delivery of
specifically limited to rescinding the contractus to
hereby
such land as provided in paragraph. i
(f) Default by'Redcvcloper. In the event the liedevcloper fails to.
more parcels of property,
accept delivery of and pay I'or one or
the City may, at its option, `
as called for :in this Agreement,
or the Agreement as, it applies to
call the entire Agreement,
the property, in'default, serve 'a proper notice of
any part of
forfeiture upon the Redcvclnper and terminate this Agreement f
of this Agreement shall
et exec t that forfeiture
its entirety P
int Y this
impose sed b
the obligations p Y c
not relieve the Redeveloper of
already delivered to the Redeveloper.
Agreement as to property
SECTION 3. GOOD FAITH DEPOSIT
1
J
(a) Amount. The Redeveloper has, prior to or simultaneously with
by the City, delivered to the
the execution of the Agreement
the peai
City,a faith deposit or a surety bond i'IDollarsna(tounent
good
of $1450.00
in which the City is the
PC (10) o t e purchase price ,
a surety
obligee, issued by N/A
regularly engaged in tie issuance of sue un er
9
i
company
takings and on the list of surety companies' approved by the
case, or
"
United States,Treasury for at least such amount, or
'n unt of
the
a certified check satisfactory to the City 1Dollarsl,oherein-
$1450.00
e performance the
Calle "Deposit," as security for tile o
t
after to
obligations of the Redcvclnper to be performed
itsrretcntion by
return of the Deposit to the Redeveloper, n account',
or its a ltc ation o
the City as liquidated damages,
e, dance with',
as se ma Y b c in accordance
I
se Price the case
of "the Purchase a ,
J
the Agreements
The Deposit, if cash or certified check, shall be deposited in
selected by
an account of the City in a, bank or trust company
it.
(b), Interest. The City shall be under no obligation to pay or
is
earn interest on the Deposit but if interest payable
by tile shall be
thereon such interest when received
promptly paid to the Redeveloper.
(c) Retentio�City• Upon termination of the Agreement as,
hereof,
provided in Sections 703 and 704 of Part iII
the Deposit ot etofore
the rocceds of ,
Do osi[ or PParagraph d of this
P)per ( )
the Rcdevelintcrestsuaanablc
returned to to such Deposit or the
l udin all int P Y
Section, inc g by
proceeds thereof after such termination, shall be retained
703 and 704 of Part it
the City Agency as provided in sections
r
hereof.
fir- -• --- '
Y MICROFILMED BY �.'.
JORM MICR+LA13
CEDAI[ RAPIDS: • DCS MOVIES
IAICR0FIL14ED BY JORM MICROLAB CEDAR RAPIDS AND DES 110INE5, IOWA
(J) Return to Itedevclotc_r. Ilpeu tcrmiuntiun of' the Agreement as
proviSc to Section 7112 u1' fart 11 hereof, the Doposit shall
be returned to the Rodeveloper by the City as provided in
Section 702 of Part 11 hereof.
SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION OF IMPROVEMENTS
The construction of the Improvements called for in this Agreement
shall be commenced and completed in accordance with Schedule D
hereof (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
eted within the time specified in the
part thereof, shall be compl
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 Preliminar, Design Plans. The Rede-
(a)
s all su mit.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,
plans in no event later than 'ni
all
submit such nets
and shall P
j days after offer accepted
' (b) 'time for Submission of Construction Plans. The Redeveloper
shall su mit construction plans as called for in Section 301
of Part 11 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
I 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
revisions t
his Section the Redeveloper may petition to
P f time for performance
the Cit in writing for an
extension o P �
Y
of any part of this Section, setting forth in detail the
reasons for needing such extension.
SECTION 6. PERIOD IOD 0
r• DURATION OF COVENTANT ON USE
The covenants pertaining to the use of the Property, set ,forth in
I
Paragraph (a) of Section 401 of Part 11 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 per thereafter, unless
changed by the City Council.
5•`�! MICROFILMED BY
JORM MICR6LAB:'
CEDAR RAPIDS . DCS MOINES
DORM MICRbLAB
CEDAR RAPIDS DCS MINES
M1CROFILMED BY JORM IIICROLAB CEDAR RAPIDS
AND UES MOINES, IOWAY
}
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SCHEDULE A
;.
I.COAL DESCRIPI-IDN
All that certain parcel or parcels of land
located in the City
1
of Iowa City, County of ,lohnson, State of
Iowa, more particularly
S
described as follows, to wit:
i
The west 90 feet of the south 100 feet of Lot 5, Block
0
93, Iowa City, Johnson County, Iowa,
according to the
recorded plati thereof.
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CCIIAR pAPIDS �nCS MDINES,
ftICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES MOINES, IOWA "
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SCHEDULE D
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PRICE OFFERED
PARCEL N0.
PlilCB
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93-3
$14,500
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14ICROFILMED BY JORI4 MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA
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SCIIIiUlll,f:1)
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Improv•
I anent.y
on the parcel listed below it w w,ll unm
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completed in
accordunco with the I'ulluwJng schedule:
PARCEL NO.
COMMENCE
ESTIMATED COMPLETION
93-3
Within one year of
approximately
rl
closing depending on
one year from
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weather,
starting date
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MICROFILMED BY
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CEDAR RAPIDS DES MOINES
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IICROFILMED BY JORM MICROLAB, CEDAR RAPIDS AND DES MOINES, IOWA
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Part II 1
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CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT -
f
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BY and Between
Anna and Robert Rath
!
and
The City of Iowa City, Iowa
I
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BY
MICROFILMED
JORM MICR6LAB
' CEDAR RAPIDS .• DCS MOINES
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOiNL�, 10viA
ARTICLE 1. PREPARATION OP PROPERTY FUR REDEVELOPMENT
SEC'T'ION 101. DEMOLI'T'ION AND SITE CLEARANCE. It is agreed that the
City shall convey ana 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 -lb may
be removed by; the City.
SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including
rill j current taxes, if any,. relating tobuildings; or. otherstructures
demolished or, to be demolished in accordance with Section 101
hereof shall be borne by, and all income or salvage received as a
I It of the demolition of
such
buildings or structures shall
result g
belong to the'City.
SECTION 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The
t. `I City, without expense to the Redeveloper or assessment or claim
against the property, shall cause the r
estric
8 P Ption of
traffic and
ction of public improvements on
existing street rights -of
i constru 8
P mP
i way, and the construction of parking structures as specifically
set
forth in the Urban: Renewal Plan. Provided, the City reserves the j
right to make future modifications to tle traffic circulation '
system and to the public improvements when such changes are deemed
Y
necessary and in the public interest,: and further Provided in the
event that theCity, 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, instal-
lations and facilities as are necessary y to be installed or
relocated or
in convection 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 car 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 Redeveloperand 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,
RICROFILnCO BY
JORM MIC R4&L A B
CEDAR NAC1,5 PC.S MINES
111CROF1LMEO BY JORM NICROLAB
CEDAR RAPIDS AND UES MOINES, 10viA
or other public utility lines owned by any public utility
company within or without such boundaries, and the Redevoloper
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 BY REDEVELOPER.
The Redeveloper sere y 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, ichange of restriction or change of grade of any
t 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 j
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 1I. RIGHTS 01' ACCESS TO PROPERTY
SECTION 201. RIGIiT OF ENTRY FOR UTILITY SERVICE. The City reserves for
itself, the City, and any public utility company, as may be appro
priatc, 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
j Property boundary lines and provided for in the easements described
I! or referred to in Paragraph (a), Section 2 of Part I hereof.
f SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS. The
Redevelopers 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 ( j
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
onvc ance of the 'Property by the City to the Redeveloper, the R
e-
Bevelo er 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.
141CROFILMED BY
JORM MICR+LAE3
CEDAR RAPIDS • DES MOM
IAICROFILIdEU BY.JORM 14ICROLAE
CEDAR RAPIDS AND ULS MOINES, IOWA
ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in
"preliminary design shall include a
t is Agreement the term plans''
plans fon Improvements which clearly show
site plan and preliminary
the size, location, and external appearance of any 'structures,
to fully deter-
along with such other information as is necessary
"construction
mine the intentions of the redeveloper. The term
other
plans" shall mean all plans, specifications, drawings;, or
any
information required to be'submitted for issuance of permit
called for by applicable codes and ordinance. The term "Improve-
,
ments'; as used in this Agreement,'' shall be deemed to make reference
or other improvements,
P
s
to any buildings, structures, renovations,
for specified in this Agreement,recment, Preliminary design
i
as provided and
plans, and construction plans.
"i
The Redeveloper shall, prior to the construction of the Improve -
for approval by the City
n
ments called for in this Agreement, submit
called
design plans, such other information as is
Council ,and
P ions of
fully d etermine the intentions
he Cit Council to f y
for t y
necessary
Y
the redeveloper: Such plans shall be submitted no later than the
efor in Para ra h'(a), Section 5, of Part I
time s ec ified'thcr B P
P n I
' inar design
B
It is understood that the preliminary I
hereof. ,expressly
..plans shall be submitted to review by the City's Design Review
by the City
�
Committee. Approval of such preliminary design, plans
the redeveloper of the respon-
Council shall in no wayrelieve
sibility for obtaining all required permits end otherwise fully
I
r
complying with all applicable state and local', codes and ordinances.
by the City Council
Following approval of preliminary design plans
submit construction plans and other informs -!
the redeveloper shall
obtain all permits required by,applicable codes
tion necessary to
and ordinance.
The preliminary design plans, as defined herein, shall in any
Council unless rejection
event, be deemed approved by the City
in writing shall be set forth by the City within forty (40)
thereof
days after the date of their receipt by, the City Clerk.' If the
in
City so rejects such preliminary; design plans in whole or part,
preliminary design
the Redeveloper shall submit new or corrected
defect set forth in the rejection, within
plans which correct the
time specified therefor in Paragraph C, Section 5, of Part I
the
hereof. The provisions of this section relating to approval,
her P lens
' ar design n
8 P
'
rejection; and resubmission of corrected preliminary
hereinabove 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
be in conformity
provided by the redeveloper on the property shall
a roved b the City Council:
lens as Y
h the preliminary,I
with p eliminar design p PP
for herein shall be consistent with and,
Construction plans culled
the design plans approved by the
logical extensions of preliminary
'
City Council.
K•,. ��•r---�----FILMED BY .s
JORM MICR4�LAB
CEDAR RAPIDS OES MOINES
',j!CROFILMED BY JORM 141CROLAB
• CEDAR RAPIDS AND UES 14JIPlLS, WwA
"developer
SIiC'I'fON 302. CIIANGIis IN CONSTRl1C'I'ION PLANS. If the "devel p
wires to ma e'any cianges in tic 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 herola, may be upproved by the
Department Iiousing and Inspeetion Services., provided that such
changes will not cause the thImprovement
erpreliminaryventobe con tplans�asnapproved
th
' •tont wi
mann
manner not consistent is
by Council.
SECTION 303. C2 M1E•NCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS.
j e Redeveloper agrees for itself, itssucessors �nda=isthereofnd
4 every successor in interest to the Property, or an p
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 bf the Improvements thereon,, and that such construction
vent be begunwithin
shall in any e
the period specified in Section
4 of Part l hereof 'and be completed within the period specified in
such Section 4.' It is intended and agreed, and the Deed shall so shall be
1 expressly provide, that such agreements and covenants
covenants' running with the land and that they shall, in any event,
and without regard to technical classification or,dcsign
legal or otherwise, and except only aSotherwte the fullestise cextentlpermitted
reement itself, be, he
e A t
h d
'n t an
' ed ', B community n
ov u
r ntm
P benefit
o
f the co Y
by law and equity, binding for ben
t; y City and enforceable by the City against the Redeveloper and its
successors and assigns to or of the Property or any, part thereof or I
any interest therein.
SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property,
{ 305
or'any part thereof, to the Redeveloper, and until construction of
ents has been'completed, as set forth in SectioCatus of
oven he s
I
mr t
e forth the ' or
P oris set reports, ,
shall make. P
s
j hereof, the Redeveloper,�
i Improvements, construction schedule, and such other dual progress
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 forveloer with an app-
beginning and completion
thereof), the City will furnish thSuchdcertification by them
pr late instrument so certifying.
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 covenats n the,
completion ion
thereof: Provided,
dates for the beginning and p
i
Y• �a�, @ICROFILMED BY ,
1 JORM MICR�LAG
.CEDAR PAI'1DSI• DCS MOINES
P1ICROIILMED'BY JORM MICROLAB
• CEDAR RAPIDS AND ULS MOINES, IOWA
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 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 thc.Agreement obligating the Redeveloper in respect of the
construction and completion of the Improvementshave 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)I 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 -
t "
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 obl',igation 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
i
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 actor -
dance with the provisions of this Section, the City ,shall,
within thirty (30) days after written request by the Rede-
veloper, provide the Redevoloper 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, oris 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.
". K'•-4 141CROFILMED BY �
J0 RM MICR+LAB
CEDAR RANDS •. IFS MOINES
I-IICROFIL14ED BY JORM MICROLAB - CEDAR RAPIDS AND UES MOINES, IUvJik
ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY
SECTION 401. RESTRICTIONS ON USE. The Rodcvoloper agrees for itself,
and its successors and,assigns, and everysuccessor 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 Propevty 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
i
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 ofeasily
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 (lousing
and Urban Developments at 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-as sisted'construction or rehabilitation and
require the elimination, of lead-based paint hazards.
SECTION `402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF
j
DURATION. It is inten ed and agreed, and the Deed shall 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
and enforceable b the City, its successors' and assigns, arly
a ,
of Y
, eof, and the
successor in interest to the Property, or any'part they ,
United States (in the case of the covenant provided in subdivision
(b) of Section 401 hereof), against the Redeveloper, its successors
any
and assigns and every successor in interest to the Property, or
part thereof or any interest therein, and any party in possession
k
or occupancy,of the Property or,'any part thereof. It is further
agreed that the reement'and covenant provided in
intended and a r a B
B
subdivision (a) of Section 401 hereof shall remain in effect for
until the date specified cified or rc ferred to in
period of time or P
the cri ,
P
Section.G of Pert I hereof (at which time such agreement and covenant
shall terminate) and that the agreements and covenants provided in
i
MICROFILMED BY
DORM MICR+LAB
CEARR, NAP IDS. nE5 MOVIES
MICROFILMED BY JORM MICROLABCEDAR RAPIDS AND UES MUINES, IOWA
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 oveloper itself, each successor'
in interest to, the Property, und,evory part thereof, and each party
in possession or occupancy, respectively,' 01 o for such period as
such successor or party shall have title to,'r an interest in, or
or occupancy of, the Property or part thereof. The
possession
he Urban Renewal Plan" and "land use"
terms "uses specified in t
referring to provisions of the Urban Renewal Plan, or similar
language, in the Agreement shall include the land and all building,
ts or restrictions of the Urban
housing, and other requiremen
Renewal Plan pertaining to such land.
i
•D STATES. RIGHTS TO ENFORCE. In amplifica
SECTION 403. CITY 'AND UNITL ;
tion, and net in restriction of,,the provision of the preceding
eed that the City and its successors
Section, it is intended and agr
s shall be deemed beneficiaries of the agreements and
and assign ates
1 United,St
„; covenants provided in Section 401 hereof,
the
sha11 be deemed a beneficiary of the covenant provided in sub-
of.and
in
their or its
hereof
both
for
division (b) of Section 401 her;
own, right and also for the purpose; of protecting the interests of i
i I the community' and
other
Parties public or private, in whose favor
or for whose favor or for whose benefit such agreements andcovenants
have been provided. Such agreement', and covenants shall (and the
Deed shall so state) run in favor, of the; City and the United
E` States, for the entire period during which such agreements and 4
covenants shall be in force and effect; without regard to whether j
? 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
event of a
n breach of any such agreement or covenant;
right, ht in the eve Y
an
8 of
and the
United States shall have the right in the event YS
a tion 401
io
n b of Sec
breach of the covenant provided, in
subdivision ( )
hereof, to exercise all the rights and remedies, and to maintain
law or in equity or other proper proceedings
any actions or suits at
to enforce the curing of such breach of agreement or covenant, to
arias of such agreement or covenant
which it or any other benefici
may be ,entitled.
ARTICLE V. "PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
SECTION SO1.' REPRESENTATIONS AS TO.REDEVELOPMENT. The', Redeveloper
represents and agrees t t its purchase of the Property, and its
undertakingsother pnt P y l I be
used, for the purposerof thetredevelopment of the Prodert1reco not
Agreement,
purpose I for speculation in land holding. The Redeveloper further recognizes
than, in view of
(a) the importance of the redevelopment of the Property to the
general' welfare of the, community;
I
141CROFIL14ED BY rI
'JORM MICR46LAB^
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i
crimR 41neiD5•
DIS MDlBrs
P-ICIZOFILMED BY"JORM 141CROLAB
CEDAR RAPIDS AND DES MUINES, 10'eiA.
I
(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 community and the City.
The Redeveloper further recognizes that it is because of the recog-
nition of such qualifications and identity that the City is entering
into the Agreement with the Redeveloper; and, in so doing, the City
is further willing to accept and rely on the obligations of the
Redeveloper for the faithful performance of all undertakings and
jcovenants in the Agreement.
i
SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF
REDEVELOPER. Forte toregoing reasons, the Redeveloper agrees
for itsclr and all persons holding an interest therein, their
b no charge or
assigns that there shall e
heirs' successors and ssa g
g
transfer of ownership or control by any person or combination of
t:: I persons owning or controlling ten',(10) percent or more interest in
the Redeveloperthrough sale; assignment, merger, increased, '
i capitalization or by any other means, without the expresswritten
approval of the City. With respect to this provision, the Rode-
veloper,'and the parties signing the Agreement on behalf of the
Redeveloper represent that they have the authority of alli,persons
holdinginterestthere g in to agree this provision on 'their behalf,
.; ', .
and to bind them with respect thereto.
SECTION 503.'' PROHIBITION AGAINST TRANSFER OF PROPERTY AND ASSIGNMENT OP
AGREEMENT. Also, forte foregoing reasons the Redeveloper represents
an agrees
for Itself, and its successors and assigns, ns that:
i
(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,
MICROFILM BY
JORM MICR(6LAB
EEDAR PAPIAS • PES M0114E5
I;I1CROFILMED BY JORM MICROLAB
• CEDAR RAPIDS AND DLS MOINLS, IOvIA
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 downy 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,
i
prior to the issuance: of such certificate.
(b) The City shall be'entitled -to require, except as otherwise
1 provided in the Agreement, as conditions to any such approval
that.
(1) Any proposed transferee shall have the', qualifications and
A 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 suchart i
- P �
(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 i
part): Provided, that any instrument or agreement which
purports to,transfer 'any interest whatsoever caused by
this agreement without the express` written approval' of
the City,,, is null`and.void:
I
(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 repro -
senting the actual cost (including carrying charges) to
the Redeveloper of the Property (or allocable to the, part
I41CROFILMED BY
JORM'. MICR6LAB..
CEDAR RAp m • nrs MOIHES
MICROFILMED BY JORM MICROLAB
CEDAR'RAPIUS AND DES NOiNES, 10viA
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 Pruperty 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 inany .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
II
f
order to assist in the a fectuation of the 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, E
(a) the Redeveloper will promptly notify the City of any and all
i
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 i
Redeveloper or the degree thereof, of which it or any of its
officers have been notified or otherwise have knowledge or
information; and l
(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 i
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 tem (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 tothedelivery 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.
`1 r.
tAICROFILMEO BY
'.
JORM MICR+LA E3
I
CEDAR RAPIDS- DCS MOINES
MICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES 1101NES, IOWA
i
ARTICLE VI. MORTGAGE', FINANCING; RIGIITS OF MORTGAGEES
SECTION 601. LIMI'T'ATION UPON ENCUMBRANCE OF PROPERTY. Prior to the
complotion o t o Improvement 5, as cert e y the City, neither
the Rodeveloper 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, r
and
(b) such additional funds, if any, in an amount not to exceed the:
i
Purchase Price paid by the Redeveloper to the City.
The Redeveloper (or successor in interest) shall notify the City in
'en
i similar It j
r advance of any financing,; secured by 'mortgage or other
instrument, proposes to enter into with respect to the Property, I
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 j
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
t ' parts or parcels, provided that such subdivision, in the opinion of
j
the City, is not inconsistent with the purposes of the Urban Renewal
i
plan and the Agreement and is approved in writing by the City.
SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any j
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 (includ-
ing any such holder who obtains title to the Property, or any part
thereof as a result of foreclosure proceedings, or action in lieu
udin a ,an other party who thereafter
incl
ober
eof, but not 8 () Y
such
Property or such art from or through
the
Pro P
le to Y
sins tit P
oho than
ale other t
0
thea purchaser at foreclosure s I
der, or b an p
of Y
h Ob
'gated
'se be obliY
mortgage
itself) f shall in no wt ,
the holder of the theA
the provisions of the Agreement to construct or compcompletion;
s Improve-
ments or to guarantee such construction completion; nor shall
any covenant or any other provision 'in ,the ODed be construed to so
obligate such holder: Provided, that nothing in this Section or
other Section or rovision of the Agreement shall be deemed or
an
oth P
c
Y th
construed to permit or authorize ,any such holder
to devote
Property, or any, part thereof to any uses, or to construct any
".uses
or im rovements provided
thereon,
other than
those P
improvements ,
ban Renewal Plan 'and in the Agreement.
or permitted in the Ur
I
MICROFILM BY i.
-. JORMMICR+LAB !'
MAR RAPIDS. • 015 WKS'.
14ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MU1NE5, IU?IA'
SECTION 603. COPY 01' NOTICE OP DEAUL'I'
PTO MORTGAGEE. Whenever the City,
shall deliver any notice or errand to t e 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 TOCURE 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 'r completion, of "
�
the Improvements (beyond. the extent necessary to conserve or protect i
Improvements or construction already made) without first having
expressly Y
assumed obligationation 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 pert thereof
to which the lien or title of such', holder relates. Any such holder
who shall properly complete the Improvements relating to
_
the e
Property or'aPP1table Part thereof ,shall be entitled, upon w-ritten
request made to the Cit to a certification or certifications by
in Section
eques
of
the City tosuch effect in the manner provided
i p 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
to cure or remedy any 'default with
Property, or any part thereof,
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
i
not apply to the part or parcel of the Property to.which such
certification ti
on relates.
I
SECTION 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY.
In any case,;,where, subsequent to default or,breac by the Rede
or successor in interest)''under the, Agreement, the holder
vele er ( !,
P
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
of sixty
(60) days after
such failure continues for a period
he default or
the holder has been notified or informed of t
breach; or
IdI LROCILIdCD BY
' JORM MICRmLAB.
CEDAR RAN05 '.• DCS MONrS
1q!CROFILMED BY DORM MICROLAB
CEDAR RAPIDS AND ULS MUML5, 10WA
(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'
r 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 aggregato'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 PfORTGAGE DEFAULT. In the event of a
e ault Or breach prior to the completion N 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
ipart 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 P p y (or'the part '
thereof to which the mortgage, encumbrance, or lien relates) for
j
such,reimhursement: Provided, that any such lien shall be subject
always to the lien of inclu ing any lien contemplated, because of
advances yeti to be made, by) any then existing mortgages on the
Property authorized by the Agreement.
SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement:
The term "mortgage" shall include a deed of trust or other instrument
creating an encumbrance or lien upon the Property, or any part
thereof, as security for loan. The term "holder" in ''reference to
a mortgage shall includelany insurer or guarantor of any obligation
or condition secured by such mortgage: or deed of trust, including,
but not limited to, the Federal (lousing Commissioner, the Administrator
` of ,Veterans Affairs, and any successor in office of either such
official.
S- .c.•" MICROFILM BY ....:�—• ,+'j...
JORM MICRLAB
CEDAR PAPIDS PCs PIOIBCS
I-IICIIOFIL14ED BY JORM MICROLAB
CEDAR RAPIDS AND DES MOINES, IOiiA
ARTICLE V11. 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,'ln 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 aggrievedparty
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.
' t
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 2
" improvements by taking title and possession subject to such
defects, the Citywill 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,rop vided,
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 to the Redeveloper, the
Redeveloper is in violation of Section 502 of Part Il 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 data ofwritten
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 1 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
ro
14ICROr1LMED By •I
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CEDAR RAPIM • :)ES MOINES.
r11PWILMED BY JORM 141CROLAB
CEDAR RAPIDS AND ULS MOINLS, 10AA
assignee or transferee) nor the City shall have any further rights
against or liability under this Agreement to tile 'other 'in respect
to the property; or part thereof for which the deposit has been
retained.
SECTION 704. REVESTING TITLE IN CITY SIIBSE IIEN'I' TO CONVEYANCE TO REDEVELOPER.
In the event that subsequent to conveyance or Luc 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 r
s
(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 I
thereof when due, or shall place thereon any encumbrance or I
i lien unauthorized by the Agreement, or shall suffer any levy
or attachment to be made, or any materialmen's'or mechanics'
s - 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 s of
ter
written demand by
the City
to the
.I
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
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FILMED By
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CEO%R PAP IDS DES MOVIES
IAICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND ULS MUINLS, IUNA 4
Improvements, constructed thereon, and that such title and all
rights and intorosts of the Redeveloper, and any assigns imry ments
cossors in interest to and in the Property and any Imp
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 shallnot
lien of
der invalid, or limit in any way, (i) rights
eat ren (ii) an g
def and ) Y
any mortgage authorized by the Agreement, (
or interestsprovided 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
Improvements to be
interest) on which the constructed thereon
p Agreement and for
have; been completed in accordance with the
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
the City
ri ht ,to re-entry as
provided for
in this Section, portion
g he De
pc
or any
t
right for
retain P
shall have the r g h C, Section 3 of Part,l �
thereof, as provided in Paragrap
hereof, without any deduction;' offset or recoupment what-
sereof, in houtthe any
Of,
default, violation or failure of the
Redeveloper as specified in this Section.
POS
TION
iUpon t
SECTION 705. RESALE OF
REAtheICitypofPtitle toSthelProperty pandEany
Improvements thereon, or anY P
art thereof'as provided in Section
704, the City shall, pursuant to its responpibilitoresarLdthereof
law, use its best efforts to resell the Property P
(subject to such mortgage rvidd) as soon and liens and leasehold, interests as in
anner as
Section 704 set
find fortfoaniblcoandeconsistent withlthe objn such ective of `
the making or completing the Improvements or such other improvements
ance I
their stead as shall be satisfactory to the City the
with the uses specified for such Property or parthreof inroceeds.
Urban Renewal Plan. Upon such resale of the Property, the p
thereof shall be applied:
to reimburse the City, on its own behalf, for all costs'
(a) First, s cluding;but ,not limited
and expenses incurred by the City,
to salaries of personnel, in connection with the recapture,
ut
management, and resale of the Proper,r, romthrthereof b
ePropertyorpart
less any income derived by the City
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 oCity,
the
moudetermiif neddby
equal to such 'taxes, assessments,
B
V the City assessing official) as would have been payable if the
MiLRO(ILMED BY •:1
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MAR RAPIDS DCS MANES
IAICROFILMED BY JORM 141CROLAB
CEDAR RAPIDS AND DES'FIUINLS, I,UwA
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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 tiny subsequent encumbrances or liens due to
obligations, defaults, or acts of the Rodovoloper, its successors
or transferees; any expenditures made or obligations incurred
with respect to the making or completion or removal of the
Improvements or any part thereof on the Property or part
thereof; and any amounts otherwise owing the, City by the
Redeveloper and its successor or transferee; and
I
(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
j making any of the Improvements on the Property or part thereof,
unless (2) any gains or income withdrawn or made by it from
the Agreement or the Property.
Any balance remaining after such reimbursements shall be retained
by the City as its property.
SECTION 706. OTHER. RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY.
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,
JI
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
prosecut n-� such actions,or proceedings or otherwise asserting'
its rights under this Article VII shall not operate as a -waiver of I
such rights or to deprive it of or limit such rights in any way (it
beingl,the intent of this provision that the City should not be
constrained (so as, to avoid the risk of being deprived of or
j
limited in the; exercise of the remedy provided in this Section
because of concepts of waiver, Inches, estoppel, or otherwise) to
exercise such remedyat a time when may still hope otherwise to
Y P
resolve the problems created by the default involved); nor shall
any, waiver in fact made by, the City with respect to any specific -j
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.
..
r,r-----OFILI4ED
BY
i
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JORM MICR46LAB
1
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CCDAP RAPHIS •. nES MOINES
_
14ICROFILMED BY JORM 141CROLAB.
CEDAR RAPIDS AND LIES MOIIVLS,!UwA
SECTION 707. IMPOSSIBILITY OF PREFORMANCE BY CITY PRIOR TO CONVEYANCE OF
PROPERTY. Should at any time prior to the conveyance of title to
any Property under this Agreement, the City of Iowa City, Iowa be
enjoined from such conveyance or prevented from so doing by any
order or decision or act of any judicial, legislative or executive
body having authority in the 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: i
SECTION 708. ENFORCED DELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF
PARTY. For the purposes of any of the -provisions of the Agreement,
neit er 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,
c Y
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 severevere weather or dela s of
1
1
subcontractors due to such causes; 'it,being the purpose and intent
of this provision that in the 'event of, the occurrence of any such
j
enforced delay, the time or times for, performance of the obligations
I
of the City or of the Redeveloper under this Agreement, as the case
may be, shall be extended for the period of the unforced delay as
determined by the City: Provided, That the party seeking the
benefit of the provisions of M's 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. '
i
SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies
of the parties to the Agreement, ,whether provided by law or by the
1
Agreement, shall be cumulative, and the exercise by either party of
any one or more of such remediesshall not preclude the exercise by, j
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
its own obligation under the Agreement shall be considered a waiver
of any, rights oftheparty making thewaiverwith 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.
141CROFILMED BY
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CEDAR. RAPIDS • [F ,MOVO
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA 4
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SECTION 710. PARTY. IN POSITION OP SURWI'fll RBSPI:CT TO OBLIGATIONS.
for
'ilia Ro evelopor, or tsel an its successors and;
MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES I.IOINES, 1OWA
ARTICLE
VIII. MISCELLANEOUS
SECTION 801. CONFLICT OF INTERESTS' CITY REPRESENTATIVES NOT INDIVID-
ALLY LIAR o mem or, o c al, or amp ogee o t e_ C ty s all
have any personal interest as defined 3n 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. E UAL EMPLOYMENT OPPPORTUNITY. The Redeveloper, for
itsel and its successors and assigns, agrees that during that
construction of the Improvements provided for in the Agraem
en
(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, withoutlregard 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
B ding, a notice, to be
agreement or other contract or understan
provided, advising the labor union or, ;workers' representative
of the Redeveloper's commitments under Section 202 of Executive
Order 11246 of Septa
24, 1965, ,and shall post; copies of
the notice in conspicuous places available to employees and
applicants for employment. j
(d) The Redevelopor 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.
, IdICROFI LIACO BY
DORM MICR61LA9,
CEDAR i?4 P105 ;1E5 MOlNC51
1QILROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND UES PIUINLS, IUWH
(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,f1965, 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,
t
unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order I
11246 of, September 24, 1965, so that such provisions will be
I
binding upon each such contractor, subcontractor, or vendor, to
g P
as the case may be. The Redeveloper will take'such'action
contract,trIICL
�subcontract, ct,
orwith respect to any construction
uotion
P Y P
purchase order as the Cit 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 involve-
in, or is threatened with, litigation with a"subcontractor br
vendor as 'a result of such direction by the City or the Depart-
meet 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, and, Sections of the Agreement are inserted for
convenience of reference only and, shall be disregarded in construing
` or interpreting any of its provisions.
imROCILMED BY it
DORM MICR+LAB
CEDAR PANDS 11S MOINCS
dtICROFILMEO BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, 10WA
'
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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
irregular boundary incl udin 'the
e 9,
e South,Wand an irr Y
th9
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 oftheproposal 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. documents are available for public
,Said
examination from 8:OO a.m. until 5:OO p.m. Monday
s,
through Friday.
i
i
Persons wishing to review, the agreement prior to
the execution thereof and conveyance of a deed to
i
the above described redeveloper may do so until
'August 28,1978. Thereafter the City',Council of
1
Iowa City, Iowa, will consider execution of the
i
proposedagreement.
j
Dated this 27th day of July, 1978.
j
ail
I,
ABBI&FU
{
I
City Clerk
'
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/6/Z
MICROCILMED BY
:
JORM MICR+LAB
CEDOI kAPIPS.• nCC IAOIN
MICROFILMED BY DORM MICROLAB
CEDAR RAPIDS AND UES 1-10114LS, 10'v!A
RESOLUTION N0. 78-408
RESOLUTION PROPOSING TO SELL REAL PROPERTY AND SETTING ME
DATE FOR PUBLIC HEARING THEREON
WHEREAS, the City of Iowa City is engaged in the redevelopment of the Central
Business District; and,
WHEREAS, the City has entered into a Contract for Sale of Land for Private,
1 Redevelopment with Old Capitol Associates, dated February 7, 1978, for the sale of
i Urban Renewal Parcels 83-1 and 84-1; and,
WHEREAS, the City of Iowa City has negotiated the sale of certain real property
owned by the City, to wit:
The East 20 feet of the Capitol Street right-of-way
from a point 195.57 feet north of the north right-of-way
line of Burlington Street, to the south right-of-way,
line of, Washington Street; and, the South 20 feet of
the washington, Street right-of-way from a point 20 feet
west; of the east right-of-way line of Capitol Street
extended, to,a point 210 feet east thereof, Original
Town, Iowa City, Johnson County, Iowa.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the
City hereby proposes to sell the above described real property to Old Capitol
" Associates, a joint venture, for the purposes of redevelopment, under the terms and
conditions set forth below:
1 a. The full purchase price of ,such saleshall be $38,089 .
b. All terms, conditions, and covenants set forth in the Contract For Sale
of Land.for Private Redevelopment, for Parcels 83-1 and 84-1, ,dated
February 7 1978 by and between Old Capitol Associates and the ,'City of.
Iowa City, Iowa,; as filed in the offices of the City Clerk, and which is
recorded in the Contract',Records of the Johnson County Recorder,'' filed
for record on July 20, 1978; in Book 524 at pages 75-113, shall apply to
said 'real property as if fully set forth herein.
BE IT FURTIlER RESOLVED that a public hearing on said proposal to Sell Real
Property shall be held by the City Council of Iowa City in the Council Chambers
at 7:30 p.m. on: September 12, 1978; and
1 BE IT FURTMER RESOLVED that the City Clerk is hereby authorized and directed to
publish notice of said hearing.
It was moved by Neuhauser and seconded by deProsse
that the Resolution as read be adopted, and upon roll call there were:
RHCELPED & wng0'rP
h $� LMjL DF.PAhT`LEt7T
/6 /3
141CROF1L14ED BY
JORM MICR&AB
I
CEDAR RAPIDS DES I401NIS
i
R
I�ICROFILMED BY JORM MICROLAB
• CEDAR RAPIDS AND UES MUINLS, IOYIA
le�,
City of Iowa City,
MEMORANDUM
,
DATE: August 31, 1978'
TO: City Manager, and City Council
j
FROM: Paul Glaves, Development Coordinator
1
RE:Street Rights -of -Way
1. The Council ,agenda of September 5 contains two related items concerning the
conveyance of portions of the Capitol Street and Washington Street rights-of-way
(adjacent to blocks 83 and 84) to Old Capitol Associates. These items are:
!
(1) an ordinance vacating', the rights-of-way,' and (2) a Resolution Proposing to
j
Sell Real Property and Setting the Date for Public Hearing Thereon. While the
P Y
actions are related because the right-of-way must be vacated prior to its being
p
sold, the action to vacate by Ordinance, and the actions to sell by two
jI
resolutions and a hearing are distinctly'separate.
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2. The Ordinance to Vacate is self explanatory. .However, the action to sell does
1
require some explanation. ,Section 364.7 of the Code of Iowa states that the
Council shall set forth its proposal by'resolution and shall publish notice of
a hearing on'the proposal. The resolution on the, agenda of September 5 does this..
a public hearing, -the Council may make
The Code also states that after holding p Y
I
a final determination on the proposal: The Resolution Proposing to Sell Real
Property sets September 12 as the date for the hearing on the proposal.' Also
attached to the: Resolution Proposing to Sell is a' Resolution' to Sell which will
be scheduled for Council final determination on September 19.
I
3. The Ordinance to Vacate is scheduled for considerations on September 5, September
;
12, and September 19, so that the Ordinance to vacate will have been adopted
when the Resolution to Sell is approved.'
i
PG/ssw
f
' 141LROEILFIEO BY '
'. JORM i-MICR+LAB
CEDAR RAPIDS • DIS M0114ES