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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' r MICROFILMED BY I JORM MICR¢LAB CFDAR RAPIDS. - ?FS MOINES is85,� B B 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 /$BSA I i j :m I;IICROFILPIED BY JORM MICROLAB CEDAR RAPIDS AND ULS FiDINES, IU'eJA RESOLUTION NO. 78-395 RESOLUTION OF APPROVAL OF CLASS B Beer SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Beer Sunday Permit application is hereby approved for the following named person or persons at the following described location: Ken's Pizza Parlors, Inc. dba/Ken's Pizza Parlor, 1950 Lower Muscatine Road Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Roberts and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 5th day of September 19 78 Mayor Attest: (2�-( City Clerk t... • I 141CROFILMED BY JORM MICR+LAB CFOAR RAPIDS - DFS MOINES /$BSA 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 /S'86 r• `� 141CROFILMED RY " 1 `4 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 I 141CROFIL14ED BY JORM MICROLAB CEDNI 9ES 1101!1ES N Recolvod & AppFovsd By Tho legal DCparlmenl /Sw 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 j I� I i . r. I I 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 j 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 ff�� IdI CROFILMED BY 1 JORM MICR+LA13 I CEDAR RAPIDS DCS MOINES /S89 i i I ;nr i -i i J 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 ff�� IdI CROFILMED BY 1 JORM MICR+LA13 I CEDAR RAPIDS DCS MOINES /S89 fj1CROFILMED BY,JORM MICROLAB CEDAR RAPIDS AND DES MINES,'10'riA J 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' . p I h fV I I I' I Received ' alilnant By The Legal DeN� � /� ti •'lJ'7C Yom• �, ey '" IIICROFIL14ED BY i '.JORM MICR+LAB DEDRR [?ANDS • DES MDInES fICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND 'UES 11011ILS, IOWA •Y 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 I i rV_� CROFILMCO BY MI ,n`4 '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 i I I F RECEIVED & AFF'�r • — BY ,THE LEGAL DEFAf,TKENT I 1667 T•-" • 3 I4ICROPILI4ED BY DORM MICR+LA13 COAR PATIOS • OLS MOIW[S — MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Y i� 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, �. r 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 Y L 4 I AGM 11STf I { LS 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 , Y -: R f LM D M 141 C 0 1. .•1- JORM MICR+LAB. CEDAR RAPIDS • DCS MOINES ` y r•11LROFILMEO BY JORM MILROLAB CEDAR RAPIDS AND DES MOINES, IOWA I I AGREEMENTS/CONTRACTS'.. 1 Attached are unexecuted copies of Ki-.,... ... % /o c l i y aa' .signed by ,the Mayor. After their execution by the second party, please route 41 ly i^ i 1 - (� 3) �U.Ci.Ll:crvctc��^LCLt�2�J p) Lc ? i!°for �� � is to be responsible II completion of this procedure. Abbie'Stolfus, CMC City Clerk i;i i sg4IIJ ,la..5 . c- '. •�': IdICROFILldCO BY .K '. JORM MICR+LA13 �s CEDAR RAPIDS DES MOINES w MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA M!CROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA PIICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA nreairu•orv�++uuauoaa:.+v.uow.ucaas-�a..__....__._ _ ..........�.�.._.- •. . AGRITB+II:N'I' PLR MAIN F-XTMSI0N p , 7� of / z 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 I of Iowa,1977, as to the installation of said water main. ` CodeI AND UNDERS=D THAT the City will install I i NOW, Tl{ERLEORE, IT IS [IliREBY AGREED i` 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 r of the State of Iowa for assessing such improvements. I 'I - I MICROFILMED By - : DORM MICR LAS CEDAR RAP1D.5 DES MOINES - 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: r U 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. . t Notary ublic in and for the State d a'XIX - ,{ Vi ql is IOWA STATE BAR ASSOCIATION /'' , a l✓1� �E �f1�., r�ci Officivl Form No. 11 n • .e a si ,. m ,.... +R•n 2� // �-/. !/ j[7u Ii BREI nr ,n a r+ rr 1.. IS71 :. [-CJ cr/. Q 111 , Yw ce w„ra•.++�+•-•�-�..*T 1 ,..; :::?:r• ` [ hi •'iT>'� t,t'FR'I,C i. 'r'wt{-�'••. +ntww>f ,C}It ,,'>r4• Uwp{• f: r'{. '"•it t+, ryyt +lJe�9r4 4 f�,rS�t{•? r�j� p `�{'ik !+[ �+1,13nI � liRiK; .a::•i?(Fi:f!tel":ti�Hnl�jy; t?Illi tt : i'-'^;�li.. . }:.I N4� •! t3 ::}+i C?j [•WI, :- t r t ^:. tp r,9� f.•,er. 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(e/ kw..aiia.f.>[�.4...fiuW�.'✓wuhthk••ttuw•,�+air,,,.•rSl+a:iei:.til.,...1{ry'3..Jw.l,:nv1:,.�1i,...l3 airJ:hd!5:.1.4.s�,ktL..r,nc.tYY•4Gu:r.�uaW-il✓•.Mw.1.iJwAW.yt+:tl : t' I R� i; t� i; NICRDrILNEO BY JORM MIC146LA6) CCi?AR VRI If;r '!G 10MV, i h1ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA #Y F 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; N 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 Yh , Iii to be accepted and treated; r 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 is , Y NICROf]LMED BY ' ^ I 1 JORM MICR+LAB CEMRi PAPIDS •:nr.S MOINES ` fICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA ,Y o •r j x Resolution No. 78-406 - Passed and approved this 5th day of September 19 78, Mayor r. r: C. ATTEST:,6 ,ty Clerk r 1 t � 1 J � r �I Y � �• f eF1ri 4� ii tl •11 Gt, I 1 I t tt �r fir' �� ���� r ✓�'Y! r k [ .jjj ,'� � d.r�ll � q 1 I j 1 rx •,r �, i,. 1 1 SII 1 i i � I 11) CETVED h APPROVED T LEGAL D ARU02 IVr • I J k c I It fi1CROFI LFICD BY �� i0 RM MIC R+LAB M 1 .I1 - i LEDAR P.AFID51• DCS MOINES 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 I It was moved by ; l be adopted, and upon ro call there were: AYES: NAYS: ABSENT: Breese Good — —Hedlund i' —� r Knowle , Kruse — Rhodes — Savage J i' Stehbens 141CROFILMED BY JORM MICR16LAE3 CEMR RAPIDS MORIGS 'i LIICROFILMED'BY JORM 141CROLAB CEDAR RAPIDS AND UES MOINES, IOWA Y .i I_ Resolution No. i' Passed and approved this day of 19 � I I Mayor S ATTEST: T City Clerk UCEIVED & AP P 1 H2 THE IEGIL D AIifUZNT i PlI 'c I i ' " I r .L A. t I i.' is , i I B I' i f�M ICROf ILMED BY = ulV �1 ! DORM MICR+LAB f I t i 'R rs oI A cedarsrlDs D IJ1CROFILMED BY JORM MICROLAB • CEDAR RAPIDS AND UES MOINES, IOWA ' j 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: /d /•Z ' )° ' M]CRODILMED BY JORM MICR+LAB. I CEDAR RM IDS DCS •101NC5 j f1ICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Y ii i' ., " l { `{` 1 Part I i of j iT— CONTRACT FOR j SALE OF LAND FOR'PRIVATE REDEVELOPMENT. J By and Between G i Anna and Robert Rath and 1 , , it The City of Iowa City, Iowa I , 1 i I i 3 1 0 fj 141CROFILMED BY JORM MICR+LAB. �'. CEO AR R APIDS DCS MOINES t11CROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND UES 1401NES,,IOdA 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 .�;. '. J0 RM MICR(IIi LAB I CEIIAR PANDS • DES MOPIES IAICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Y 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 } 1 , 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. i i I r i I z � i ! i ! �rA���.�CRppILMEO 9Y r1 DORM MIC R�LAB CCIIAR pAPIDS �nCS MDINES, ftICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA " e y f Ilr 1, i f f I SCHEDULE D 1 i I PRICE OFFERED PARCEL N0. PlilCB f 93-3 $14,500 I I 1 1 1 A � 1 I 4 1 ? { YS I i { I 1 I I r ! I i NICROEILMEO BY ;r_ ^ 1 i JORM MIC R+LAB n ..CEDAR RAPIDS.•, OES MOINES ''� 14ICROFILMED BY JORI4 MICROLAB CEDAR RAPIDS AND DES MOINES, IOWA Y 1, 1� SCIIIiUlll,f:1) 1 I Improv• I anent.y on the parcel listed below it w w,ll unm I ncncc nnJ he 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 I weather, starting date ;I , I I J C I 1 1 ,>> Lit+ i 1 ri� �,)� , i II it 1 '7,trn ;,ill i 4 I 1 I 1 ilj 1 j i I i f I 1 F I y r ' MICROFILMED BY ' J0 RM MICR+LAB CEDAR RAPIDS DES MOINES 1 ' IICROFILMED BY JORM MICROLAB, CEDAR RAPIDS AND DES MOINES, IOWA , i S n i Part II 1 r` of 1 , , ! .< CONTRACT FOR SALE OF LAND FOR PRIVATE REDEVELOPMENT - f i " f BY and Between Anna and Robert Rath ! and The City of Iowa City, Iowa I 1 �i I 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^ I 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 JORM MIC R6L A B I 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 Y P � I 1 FILMED By JORM MICRWLAB 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 JORM MICR61-AB MAR RAPIDS DCS MANES IAICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES'FIUINLS, I,UwA Y i 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 ,3. JORM MICR46LAB 1 '.'I 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 JORM MICR&AB CEDAR. RAPIDS • [F ,MOVO MICROFILMED BY JORM MICROLAB CEDAR RAPIDS AND UES MOINES, IOWA 4 1 I 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 ' r , 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 ' I /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. r f ' 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