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1984-07-03 Resolution
RESOLUTION NO. 84-169 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: See list attached It was moved by Ambrisco and seconded by Dickson that the Resolution as read be adopted, and upon rol call there were: Ambrisco Baker Dickson_ Erdahl McDonald d- -- Strait AYES: X X X X X X NAYS: ABSENT: X Zuber Passed and approved this 3rd day of July 19 84 yor Attest:y� City Clerk 120-7 7/3/mtg. --95--EF--Hest Steak House, 127 Iowa Avenue 85-90 Bill's I-80 DX, Hwy 1 $ I-80 85-91 Copper Dollar, 211 Iowa Avenue 85-92 Deadwood, 6 S. Dubuque 85-93 Doc's Standard, 801 S. Riverside 85-94 Fitzpatrick's, 525 S. Gilbert 85-95 Jasper's, 18-20 S. Clinton i 85-96 R. T. Grunts, 826 S. Clinton 85-97 Kitty Hawk, 800 S. Dubuque 85-98 Maid Rite, 1476 First Avenue 85-99 Mama's, 5 S. Dubuque 85-100 Paul's Hardware, 424 Hwy 1 W. 85-101 Rossie's Cafe, 329 S. Gilbert 85-102 Sanctuary, 405 S. Gilbert 85-103 Senor Pablos, 830 First Avenue 85-104 6:20, 620 S. Madison 85-105 The Sports Column, 12 S. Dubuque 85-106 Sycamore Eating $ Drinking Co., Mall Shopping Center 85-107 VFW #3949, Hwy 6 Bypass 85-108 Village Inn, 9 Sturgess Corner 85-109 The Vine, 330 E. Prentiss 85-110 Wilkes, 122 Wright Street 85-111 The Upstairs, 126k E. Washington 1 ao-7 i Cigarette Permits cont. 85-112 85-113 85-114 85-115 85-116 85-117 85-118 85-119 85-120 85-121 85-122 85-123 85-124 85-125 85-126 85-127 85-128 85-129 85-130 85-131 85-132 85-133 85-134 85-135 85-136 85-137 85-138 85-139 85-140 85-141 85-142 85-143 85-144 East-West Oriental Foods, 615 Iowa Avenue Donutland #41, 817 S. Riverside Vitosh Standard, 1905 Keokuk Street Gas Company Inn, 2300 Muscatine Avenue Osco Drug #448, 201 S. Clinton Crow's Nest, 313 S. Dubuque Joe's Place 115 Iowa Avenue Bob Bell's §tandard, 2315 Muscatine Avenue Mall Service Center, Sycamore Mall Connections, 121 E. College (Maxwell's) Harry's Dodge Street DX, 605 N. Dodge Dickey's Save -A -Lot, 1213 S.Gilbert Ct. The Brown Bottle, 114 S. Clinton Hilltop DX, 1123 N. Dodge Sinclair Marketing, 731-S. Riverside Sinclair Marketing, Hwy. 1 N. R. R. 2 Revco Discount Drug Center #3019, 1101 S. Riverside Drive Finkbine Golf Course, U of I Iowa Memorial Union, U of I Residence Services -Quadrangle, U of I Residence Services -Burge Hall, U of I Residence Services -Vending, U of I Residence Services -Hillcrest, U of I Kirkwood 176, 300 Kirkwood Avenue VFW #2581, 1012 Gilbert Court Russ' Standard, 305 N. Gilbert Burger Palace, 121 Iowa Avenue Gringo's, 115 E. Coliege Street Page 3 IR07 'r RESOLUTION NO. 84-170 RESOLUTION AUTHORIZING THE FILING OF A PROGRAM DESCRIPTION FOR 1984 RENTAL REHABILITATION GRANT FUNDS IN THE AMOUNT OF $71,500 UNDER SECTION 17 OF THE UNITED STATES HOUSING ACT OF 1937, INCLUDING ALL UNDERSTANDINGS AND CERTIFICATIONS CONTAINED THEREIN, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE GRANT. WHEREAS, the City of Iowa City, Iowa, is eligible to receive formula grants for rental rehabilitation under Section 17 of the United States Housing Act of 1937; and WHEREAS, $71,500 in Rental Rehabilitation Grant funds have been allocated to the City of Iowa City for federal fiscal year 1984; and WHEREAS, a Program Description has been developed so as to fulfill the primary objectives and intent of the Rental Rehabilitation Grant Program; and WHEREAS, the City of Iowa City has provided residents of the community with opportunities to comment on said Program Description. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager of Iowa City be and is hereby authorized and directed to: 1. File with the U.S. Department of Housing and Urban Development a Program Description for 1984 Rental Rehabilitation Grant funds under Section 17 of the United States Housing Act of 1937. 2. Provide all necessary information, understandings, and certifications required by the U.S. Department of Housing and Urban Development in connection with said Program Description. 3. Act as chief executive officer in connection with said Program Description and to conduct and administer a rental rehabilitation program in conformance with the requirements of the U.S. Department of Housing and Urban Development. 1000 p It was moved by Erdahl and seconded by Aabrisco the Resolu- tion be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X ANBRISCB X BAKER /I City of Iowa City MEMORANDUM Date: June 27, 1984 To: City Manager and Members of the City Council From: .Jim Hencin, CDBG Program Coordinator Re: Rental Rehabilitation Grant Program The Department of Planning and Program Development has prepared the attached Program Description (application) in response to an announcement from the U.S. Department of Housing and Urban Development (HUD) on the availabilityof rental rehabilitation grant funds. As was reported in information sent to the City Council on June 19, the City is eligible to receive $71,500 in rental rehabilitation grant funds, plus 14 additional Section 8 housing certificates for 1984. The format and content of the Program Description are specifically designed to address HUD's requirements under the Rental Rehabilitation Grant Program. Although HUD allows some flexibility in designing a local rental rehabilitation program, minimum standards, such as lower income benefit and maximum allowable expenditures, are set by HUD. .It should be noted that the Program Description is not the program manual which would serve as an operational guide for the staff who are responsi- ble for implementing the rental rehabilitation program. Such a manual would be adopted later by the City Council, once HUD approval of the grant was secured. Likewise, specific target neighborhoods are not being designated at this time. A tenant assistance policy, which is required prior to implementation of the City's rental rehabilitation program, will also be presented at a later date. I will be present at the July 3 public hearing to answer any questions concerning the Program Description in particular or rental rehabilitation in general. . cc: Director of Planning & Program Development tp2/1 Attachment layo PRELIMINARY Subject to Approval PROGRAM DESCRIPTION: RENTAL REHABILITATION GRANT PROGRAM CITY OF IOWA CITY JULY 1984 I RENTAL REHABILITATION PROGRAM CITY OF IOWA CITY, IOWA PROGRAM ACTIVITIES The City of Iowa City proposes to initiate a rental rehabilitation program using $71,500 allocated under Section 17 of the United States Housing Act of 1937, along with 14 Section 8 housing certificates which are to be made available for this program. The City's objectives for initiating the rental rehabilitation program include: a. Encouraging rehabilitation of rental properties in neighborhoods that currently offer housing for lower income residents. b. Making the rehabilitation of such properties economically feasi- ble. c. Using Rental Rehabilitation Grant funds to leverage private investment in target neighborhoods. d. Expanding the City's housing rehabilitation program beyond its traditional emphasis on owner -occupied housing. Through this program, the City expects to provide rehabilitation financing for 14-15 rental units located in small (1-11 unit) proper- ties. Assistance will be limited to 50 percent of eligible rehabili- tation costs, up to $5,000 per unit. All units will be required to meet the minimum standards of the Iowa City Housing Code upon comple- tion of rehabilitation. The minimum level of rehabilitation will be $600 per unit and based on actual Housing Code deficiencies determined by the City. Section 8 housing certificates will be used by the City to: (a) assist lower income families residing in units to be rehabilitated, (b) assist lower income families who must move from units being rehabilitated, and (c) assist lower income families who move into the rehabilitated units. 2. NEIGHBORH000 SELECTION Target neighborhoods ram ll be formally designated byfthe or LIowa he rCity lCounc lila The i follon owing icriteria, verified through census and other available data, will be considered in selecting target neighborhoods: a Median income - The exceed 80 percentofcome ftarget ot median income frthelIowarCitys must notMSA. b. Lower income persons - The target neighborhoods must have a majority (51 percent or more) of lower income residents. Iag6 PAGE 2 c. Rent affordability - Information obtained for a rental housing survey conducted by the City indicates that most older neighbor- hoods in Iowa City (those likely to be targeted for rental rehabilitation) contain a variety of rental units that offer rents affordable to lower income families, i.e., comparing actual rents to HUD's Fair Market Rents for the area. In addition to ensuring that target neighborhoods offer such affordability, the City will select neighborhoods that are stable in terms of new construction which tends to increase overall rents in the neighborhood. 3. LOWER INCOME BENEFIT The City proposes to set its lower income benefit at70 percent in order to minimize the displacement of tenants in projects to be rehabilitated. Project selection criteria will stipulate that at least 70 percent of the units in a project must be occupied by lower income families, as defined by HUD, upon completion of the rehabilita- tion. The City will verify the income of all tenants, and Section 8 housing certificates will be made available to those who are eligible to receive them. 4. USE OF RENTAL REHABILITATION GRANTS FOR HOUSING FOR FAMILIES Under the terms of the City's rental rehabilitation program manual (to be developed), the administering staff will be charged with verifying and ensuring that at least 70 percent of all rehabilitated units contain two or more bedrooms. The City's project selection criteria will stipulate that a preference be given to accepting proposals to rehabilitate units containing two or more bedrooms. These criteria will further stipulate that -the owner of a project must comply with the Iowa City Human Rights Ordinance with regard to non-discrimination against families with children. The City's project selection criteria will stipulate that a priority will be given to rehabilitating projects containing substandard conditions that are occupied by very low-income families, as defined by HUD, before rehabilitation. The condition and occupancy of all units will be verified by the City prior to acceptance of a project proposal. 6. SELECTION OF PROPOSALS The City anticipates conducting an extensive marketing campaign to solicit rental rehabilitation proposals. This would include adver- tisements, public meetings, contact with local realty and rental owner groups, and direct, personal contact with rental property owners. Similar to the way in which the City's owner -occupied housing reha- bilitation program is operated, proposals will be considered on a "first come, first serve" basis as long as funds are available. IRYO PAGE 3 The standards by which proposals will be selected include the follow- ing: a. Project location - The project must be located in a designated target neighborhood. b. Lower income occupancy - At least 70 percent of the units in a project must be occupied by lower income families upon completion of the rehabilitation. c. Housing for families - A preference will be given to accepting proposals to rehabilitate units containing two or more bedrooms. d. Very low-income occupancy - A priority will be given to rehabili- tating projects occupied by very low-income families. e. Substandard conditions - The units to be rehabilitated must contain one or more substandard conditions as determined by the Iowa City Housing Code and require at least $600 per unit to remedy the substandard conditions. On the'other hand, the City will not fund more than 50 percent of the rehabilitation costs, up to $5,000 per unit, through the rental rehabilitation program. f. Maintenance and operation - Each proposal must demonstrate that the rental units can be adequately maintained and operated given proposed after -rehabilitation rents. 7. FINANCIAL FEASIBILITY The City will require the submission of a project pro forma as part of each proposal to show that the project can be accomplished within the limits of the rental rehabilitation program. A letter of commitment for the non-federal portion of the rehabilitation costs will be required at the time of submission. 8. NEIGHBORHOOD PRESERVATION The rental rehabilitation program is consistent with the City's Community Development Plan and Housing Assistance .Plan. It will impact those neighborhoods which the City desires to preserve by upgrading 14-15 rental housing units. 9. SCHEDULE FOR COMMITTING RENTAL REHABILITATION GRANT FUNDS Assuming a program starting date of September 1, 1984, the City expects to obligate at least 50% of its rental rehabilitation grant funds for specific projects by May 31, 1985, and 100% of those funds by August 31, 1985. (See Exhibit A.) 10. NON-DISCRIMINATION AND EQUAL OPPORTUNITY The City's rental rehabilitation program will be conducted and administered in a manner consistent with HUD requirements at 24 CFR 511.10(m). As part of the program design and preparation, phase, the City will develop and adopt an affirmative marketing plan that will conform with the requirements of 24 CFR 511.10(m)(2). The plan will be implemented during the project selection and later phases. Wo PAGE 4 The City will require compliance with the conditions of its affirma- tive marketing plan by means of an agreement with the rental property owner that will be applicable for a period of seven years from the date of completion of the rehabilitation. 11. GRANTEE'S ORGANIZATIONAL STRUCTURE The rental rehabilitation program will be administered by the City's Department of Planning and Program Development. The local program contact is: James A. Hencin CDBG Program Coordinator 410 East Washington Street Iowa City, Iowa 52240 Telephone: (319) 356-5244 12. PHA PARTICIPATION Under the provisions of Iowa law, the City of Iowa City functions as the local housing authority, operating a Section 8 existing housing program and public housing. Therefore, participation in the rental rehabilitation program is assured. The 14 Section 8 certificates allocated for this program will be administered by the City. The PHA contact person is: Lyle G. Seydel Housing Coordinator 410 East Washington Street Iowa City, Iowa 52240 Telephone: (319) 356-5138 I aqo IMPLEMENTATION SCHEDULE FOR 1984 RENTAL REHABILITATION PROGRAM 1st 2nd Activity Quarter* uarter Program Design & Preparation Program Marketing Project Selection -Applications & screening -Inspections & deficiencies write-up -Owner/tenant eligibility determinations -Financial feasibility determination Obligate 50% Grant Funds Project Monitoring -Rehab, work progress & payments -Tenant assistance Obligate 100% Grant Funds Project Completion *Assumes grant awarded on or before 9-1-84 E%11181T A 3rd 4th Quarter Quarter G RENTAL REHABILITATION PROGRAM CERTIFICATIONS (5) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in conformity with the requirements of 24 LFR 511.10(m); and (6) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients cdnduct and administer their Rental Rehabilitation Programs, in accordance with the requirements of 24 GFR Part 511. 106 The grantee certifies that: LU (1) The submission of this Program Description is authorized under State N ' and local law (as applicable), and the grantee possesses the legal authority to carry out the Rental Rehabilitation Program described i herein, in accordance with 24 CFR Part 511; W (2) The grantee's Rental Rehabilitation Program was developed after consultation with the public and its description of program Z' activities in the "Program Activities" section of this Program Description has been made available to the public; (3) (Check if this paragraph is applicable.) n The grantee's lower income benefit standard is hereby reduced to 70 i percent as provided by 24 LFR 511.10(a)(2). The discussion of lower income benefit in this Program Description contains a specific c u+ explanation of the reasons why this reduced benefit standard is necessary, which explanation complies with 24 LFR 511.10(a)(2). g � (4) The grantee has adopted a written tenant assistance policy conforming to the requirements of 24 CFR 511.10(h)(2), and such policy will be made available to the public on request; (5) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients conduct and administer their Rental Rehabilitation Programs, in conformity with the requirements of 24 LFR 511.10(m); and (6) The grantee will conduct and administer its Rental Rehabilitation Program, and, if applicable, ensure that State recipients cdnduct and administer their Rental Rehabilitation Programs, in accordance with the requirements of 24 GFR Part 511. 106 RESOLUTION NO. 84-171 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE REINFORCED CONCRETE BOX CULVERT AT FIRST AVENUE AND NORTHEAST BRANCH OF RAISTON CREEK ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, 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 for the construction of the above-named project shall be in the amount of 5% of bid 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 bids 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 of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, lowa, at the Office of the City Clerk, at the Civic Center, until 10:00 a.m. on the 24th day of July 1984 . Thereafter, the bids wi blame opened by the City Engineer or hisepee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 31st day of _ July , 19.84. It was moved by Zuber and seconded by Ambrisco _ _ that the resolution as read be a opts ed and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald _ X Strait Zuber Passed and approved this 3rd day of July , 1984 . ..0 x &rz r� MAYOR ATTEST: a% tiJ R'otelved & Approved CITY CLERK -- By The Legal department �rQJ 6 Z'! Al i lava RESOLUTION N0. 84-172 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY85 BRIDGE PAINTING PROGRAM ESTABLISHING F BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, 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 for the construction of the above-named project shall be in the amount of 10% of bid 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 bids for tl:e 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 of bids. 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 24th day of July 1 19 84. Thereafter, the bids wi beTf� opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 31st day of July , 19 84. It was moved by - and seconded by _ Ambrisco that the resolution as read be adopted, an upon roll call there were: �— AYES: NAYS: ABSENT: �L Ambrisco —X Baker X Dickson X — Erdahl X _ _ McDonald X Strait Zuber Passed and approved this 3rd day of July 19 84. MAYOR ATTEST: .�„ ) •�J ��.. / Received & Approved CITY CLERK By TheLegal Department .�, cavy l 101VA MORTGAGF� ` ..................... of.......... between....... ,Jackson Square Associates.t,.an,Iowa.General Partnership ............................._. ............_. of the County of ................ ..... JRhnn ..............and State of Iowa, part.ies,............... of the first part, and FIRST NATIONAL BANK, IOWA CITY, IOWA, a corporation created under and by virtue of the laws of the United States, and having its principal place of business at Iowa City, Iowa, party of the second part, WITNESSETH: That the said part..iCP....... of the first part, in consideration of ................................... _......... _........................................ Nine Hcmdred •thousand and no/100------------------------- .DOLLARS, ............................................................................................................................................................................. the receipt whereof is hereby acknowledged, do ........... _.... by these presents, SELL AND CONVEY unto the said party of the second part, and its successors and assigns, forever, the following described Real Estate situated in the County of...............JQf son............................................ State of Iowa, to -wit: Int 8, and the North 3 feet of Lot 7, Block 1 of County -Seat Addition to Iowa City, Iowa, according to the recorded plat thereof. 1904i1flY I I Pil 2:'14 c. .•,.r1�i together with all buildings and improvements now or hereafter erected thereon and the rents, issues and profits thereof, and all screens, awnings, shades, storm sashes and blinds, and heating, lighting, plumbing, as, electric, venti- lating, refrigeratingg and air-conditioning equipment used in connection therewith, all of which, as, the purpose of this mortgage, shall be deemed fixtures and subject to the lien hereof, and the heredifaments and appurtenances per- taining to the property above described, all of which are referred to hereinafter as the 'premises'. Said part.ieA of the first part hereby covenant ........ that ... t.he.x. hdin.. good right to sell and convey said premises, and that they are free from encumbrance, and hereby wairant........ the title against all persons whomsoever, and waive ...... all right of dower and homestead therein. CONDITIONED, HOWEVER, That if ......... Jackson Square„Associates,, an„Iola Gerr}eal .......Partnership.................................................................................................................................................................. shall pay or cause to be paid to FIRST NATIONAL BANK, IOWA CITY, IOWA, its successors or assigns, at its or thew• home office, or at such other place, either within or without the State, as the owner of the Note may from time to time designate, the sum of ...... Nine...Hundmd...Thm?43nd_And...no.. 10.9=... -------...DOLLARS ................... K.................. in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, payable as follows: The star of $900,000.00 plus interest at the annual percentage rate of 14.25E shall come due November 11, 1984, subject to all renewals and extensions. i The Mrtgagors agree that in the event they shall sell the above described property, whether by deed or real estate contract, the entire balance of the obligation secured by this mortgage shall becom due and payable at once at the discretion of the holder of this mortgage. with the Interest thereon, payable according to the tenor and effect of one promissory note signed by ...................... Jackson,S4uarn„Associates,..a4...�Q a, General„Partnership................................................... payable to FIRST NATIONAL BANK, IOWA CITY, IOWA, and bearing even date with these presents; and shall promptly pay before the same shall become delinquent all taxes and special assessments of any kind, that may be laid within the State of Iowa, upon said premises, or any part thereof, or upon the interest of the mortgagee, its successors or assins, In said premises, or upon the note or debt secured by this mortgnge,.and shall procure and deliver to said party of the second part, its successors or assigns, at its or their home office, on or before the first day of October in each and can year, duplicate ss receipts of the proper officers for she payment of all such taxes and assessments for the prheding year; and shall keep the buildings upon said premises constantly insured in some reliable insurance calffipl' +to be approved by the said party of the second part, its sueCeftors or cosigns, ago! t �pss fi and other harards, casualties and contingencies as if may require, to the amount of not less than..._..3.`�OYiOi!.�..•.br0......_......_.._........_......._......_... ................................................................................................................................................................................................. the loss or'damage to be made payable to said party of the second part, its successors or assigns, as its or their interest may Op car, and all of which insurance policies and renewal receipts shall be endorsed and delivered to said party or the second part, its successors or assigns; and shall keep the buildings and other improvements on said premises in as good repair and condition as at this time, ordinary wear and fear only excepted; and shall pay all Expenses and attorney's fees incurred by said second party, its successors or assigro, by reason of litigation with third parties to protect the )fen of this mortgage; then these presents to be void, otherwise to be and remain in full force. This Instrument shall be construed as covering and securing the indebtedness herein mentioned and any and all additional indebtedness, whether as future advancements or otherwise, now owing or which ;ihereafter be owed by the mortgagors, or either of them, during the time that this mortgage is iri force, together with any re- newals or extensibns of said indebtedness herein secured, or any advancements, and any and all costs of collecting the same. It is expressly understood and agreed that if the insurance aboveprouided for is not promptly effected, or If the taxes or special assessments assessed against said property shall become delinquent, the said party of the second part, its successors or assigru, (whether electing to declare the whole mortgage due and collectible or not), may effect the insurance above provided for, and may and is hereby authorized to pas said taxes and special assess- ments (irregularities in the levy or assessment of said taxes being expressly waived), and all such payments with interest thereon from time of payment shall be a lien against said premises. And it is agreed that if default shall be made in the payment of said note, or any part of the interest thereon, promptly on maturity, or it waste be suffered or committed on said premises; or if there shall be a failure to comply with any or every condition of this mortgage, then said note and the whole of the indebtedness secured by this mortgage, including all payments for taxes, assessments or insurance premiums, shall at the option of party of the second part its successors or assigns, become due and collectible at once by foreclosure or otherwise, and without notice of broken conditions; and at any time after the commencement of an action in foreclosure, or during the period of redemption, the court having jurisdiction of (lie case shall, at the request of the party of the second part, or its assigns or legal representatives, appoint a raceiver to take immediate PPossession of said property, and of the rcnls and profits accruing, therefrom, and to rent or cultivate the, same as he may deem best for the interest of all parties concerned, and shall be liable to account to said first part.les•,,,. only for the net profits, after application of rents, issues and profits upon the costs and expenses of the receivership and foreclosure and the indebtedness, charges and ex enses hereby secured and herein mentioned. -And it is hereby agreed, that after any default in the. paymen! Dp[ c Fr principal or interest, the whole indebtedness secured by this mortgage shall draw interest at the rate of ... per cent per annum. And it is agreed that if this mortgage covers less than 10 acres of land, and in the event of the foreclosure of this mortgage and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption' from said sale provided by the statutes of the State of Iowa shall be reduced to 6 months provided the Mortgagee, in such action files an elrclion fo waive any deficiency judgment against the Mortgagors which may arise out e'she (ore - closure proceedings; all to be consistent with the provns of Chapter 628, Code of /owa. It is further agreed that the period of redemption offer a foreclosure of this mortgage shall be reduced to 60 days i( all of the lhrre following con- singencies develop: (f ) The mortgaged real estate herein is less than 10 acres in size; (2) the Court Ends affumatiuely that raid rral estate has been abandoned by the owners and those persons personally liable ursder this mortgage at the it" of such foreclosure, and (3) the Mortgagee in such action files an election to waive any deficiency judgment against the Mortgagors or their successor in interest in such action. And it is agreed that if said note and mortgage, or either of, them, shall be placed in the hands of an attorney for collection or foreclosure, or other legal proceedings, the partxes.o( the first part will pay a reasonable attorney fee for any service rendered by attorney in connection herewith, and all expenses incurred in procuring abstracts of title for purposes of the Ioreclosure suit, and such attorney fee and expenses shall be considered as part of the indebtedness secured by t is mortgage and collectible accordingly. Provided always, that if the said first partJeA .....tkl(,ir..heirs, administrators or assigns shall pay or cause to be paid the said note, interest, taxes and assessments, as specified in said note and in this mortgage, and shall fully perform all the covenants and agreements herein expressed, then this mortgage shall be fully satisfied and the sdid second party shall release said real estate at the expense of the party of the first part. IN WITNESS WHEREOF, the said part. e..........o them(�e srs! part hdJe.. hereunto set... kheir..hand.s..... the day and year first above written. Jacks quare�ssxiates, an Irma General Partners! STATE OF IOWA ss. ......... Jotsnson................Counfy On this ............ llth.......... day ot.......:.................:.....................?Y. ............................. A. D. .................................. Nineteen Hundred and .... Ex9klt}I-F.OIlr.................. before me, ....._James..,,A., Sangstet.. ........ ..... . ................. a Notary Public in and for ........... JQbnSA.R.........................County, State of Iowa, personally appeared.......................... .James, A.,, 44nkr.. Partner, and..its.?@t..C.....CG�rk.r...f'r................................................................ nI1 to me known to be the identical person.g..... named in and who executed the I'�'�r'f,�!'�i�� Ps;'•r.s foregoing instrument,asmortgagor..S.., and acknowledged that ..tbPY.....executed the same as...kh�7 r......volu tory act and dc� •. , ' ,� ............... .......................... of Public in and for id County and State. ---- ame A. Sangster �a45 a Iowa City, Iowa, July 3, 1984. The City Council of Iowa City, Iowa, met on the alfovs date in the Council Chambers, Civic Center, 410 East Washington Street, in Iowa City, Iowa, at 7:30 o'clock P.M., in open regular session, pursuant to law and the rules of said Council. The meeting was called to order by John McDonald, Mayor, presiding, and on roll call the following Council Members were present: Ambrisco Baker Dickson Erdahl McDonald Zuber Absent: Strait -I- ANLCAS, COONC.. DO..ACILCN N.TNIC, SNITN a ALLBCC. L.N.CNS. DCS MOINES. IOW Iayc (other Business) The Mayor announced that the purpose of the meetipg.was to hold a public hearing on the proposal to issue not to:exceed S9oo,000 aggregate principal amount of the City's Commercial Development Revenue Bonds (Jackson Square Associates Project), as required by Section 419.9, Code of Iowa, and Section 103(k) of the Internal Revenue Code of 1954, as amended, for the purpose of financing all or a portion of the cost of acquiring, improving and equipping land, buildings and improvements suitable for use as a 27 unit housing complex for the elderly located within the area of and consistent with the City's Neighborhood Development Plan. It is proposed that the proceeds from the sale of said Bonds be loaned by the City to Jackson Square Associates, with loan payments sufficient to pay principal of, interest and premium, if any, on such Bonds as the same shall fall due. The Mayor then asked if there was any person or persons present to express views for or against the proposal to issue said Bonds, notice of said hearing having been published as required by law. Written objections or other comments were filed by the following: (List names of persons filing objections and attach copies of same. If none, insert the word "None".) None oral objections or other comments were made by the following: (List names of persons appearing and a summary of any views expressed. If none, insert the word "None".) Jeff Denburg All three re questioned approval of this Karen Kubby IRB request when same individual has received Roger Boyles other IRB's, and assurance project would remain occupied by elderly tenants. -2- A.L["5. C60N[. Do"wu[," ..A..rt 5.n,." A,,,tt. t.w.["5 DES Mon+ro how. h After ample opportunity had been given to all persons who to express their views for or, against appeared at the hearing the proposal to issue said Bonds, Council Member Zube� r proposed the following Resolution and moved its adoption. Council Member A� seconded the motion to adopt. After due consideration of said motion, the roll was called and the Resolution was adopted by the following vote: AYES: Ambrisco Baker Dickson Erdahl McDonald Zuber NAYS: None The Resolution was thereupon signed by the Mayor and in evidence of his approval, was attested by the City Clerk, and was declared to be effective. The Resolution is as follows: -3- Awl[u5 C00%E, DOON11"4. H,,N.E Su..w S ALL9CC L.w.COS DCS MOINES IOW . -111. RESOLUTION NO. 84-173 PUBLIC HEARING AND RESOLUTION WITH THE ISSUANCE AND SALE OF AGGREGATE PRINCIPAL AMOUNT OF REVENUE BONDS (JACKSON SQUARE THE CITY OF IOWA CITY, IOWA. APPROVING PROCEEDING NOT TO EXCEED $900000 COMMERCIAL DEVELOPMENT ASSOCIATES PROJECT) OF WHEREAS, the City of Iowa City, a political subdivision of the State of Iowa (the "City"), is authorized by Chapter 419 of the Iowa Code, as amended (the "Act"), to issue Commercial Development Revenue Bonds for the purpose of defraying the cost of acquiring, improving and equipping land, buildings and improvements suitable for use as a 27 unit housing complex for the elderly which the City finds is consistent with the urban renewal plan adopted by the City pursuant to Chapter 403, Code of Iowa, and to loan the proceeds from the sale of such Bonds, pursuant to a loan agreement, to Jackson Square Associates, an Iowa general partnership (hereinafter referred to as the "Company"), to be used for the aforesaid purposes; and WHEREAS, the City has determined said Project is located within the area of and is consistent with and authorized by the City's Neighborhood Development Plan, and there is a public need in the City and its surrounding environs for implementation of said Neighborhood Development Plan, which will promote urban renewal, rehabilitation and redevelopment of the City, will eliminate blighted areas within the City and provide employment opportunities for residents of the City and the surrounding area; and WHEREAS, a notice of hearing on the proposal to issue not to exceed $900,000 aggregate principal amount of Commercial Development Revenue Bonds (Jackson Square Associates Project) (the "Bonds"), of the City of Iowa City, Iowa, has been published as required by law; and WHEREAS, a resolution was adopted on June 19, 1984 adjourning said public hearing to July 3, 1984; and WHEREAS, a public hearing has been held at the time and place as specified in the notice of public hearing previously published and in the resolution adopted on June 19, 1984 and any and all objections or other comments relating to such Bonds have been heard and it is deemed to be in the best interests of the City of Iowa City, Iowa, that said Bonds be issued as proposed; and NOW, THEREFORE, Be It Resolved by the City Council of the City of Iowa City, Iowa, as follows: Section 1• That it is hereby determingd that t is neces- sary and advisable that the City proceed w th the Issuance of -4- A.,ERS. C006C.. Do -NECK- NAV NSC. 5-1 a AUOCC LAN,C.S DCS MOMLS ION• its Commercial Development Revenue Bonds (Jackson Square all as Associates ProjecittednbymthetActnot and Section$1031of0the authorized and pe as amended (the "Code" r and to Internal Revenue Code of 1954, loan the proceeds of the sale of the Bonds to the Company, all upon terms and conditions mutually satisfactory to the City and the Company. Section 2. That at the public hearing conducted by this Council as required by the Act and Section 103(k) 3who appeared were and pursuant to published notice, all pe rsonsgiven an opportunity to express their views for or against the proposal to issue said Bonds and it is hereby determined that any and all objections to the issuance of the said Bonds are hereby overruled. Section 3.That this Council shall proceed with the necessary proceedings relating to the issuance of said Bonds upon reasonable advance notice from the Company that satisfactory financing terms have been agreed upon with the proposed purchasers and the required ddocumentation all has been prepared by Bond Counsel, and approved Cityy including the City Attorney and the Section 4. That solely,if Out Ofsthe,revenues derived thereon, will bp The payyabl from the financing of said Project OfIowaaCity,18ll never Iowa, within the meaning an indebtedness of the City meaning of any state constitutional provision, or statutory limitation, and shall not constitute nor give rise to a chargeary againstliability generalsaid creditoorIowa taxingCity, powers. or a Section 5. All Resolutions and Orders or parts thereof, in conflict herewith are, to the extent of such conflict, hereby repealed and this Resolution shall be in full force and effect immediately upon its adoption. Adopted and approved this 3rd day of July, 1984. City of Iowa City, Iowa �M Db&na � (Seal) �hn McDonald, Mayor Attest: Ma an K. Karr, City Clerk - 5- •N[["S. COONEl DOUWLIIL.[ N.. NI[ 5.,,r "N[["LL L.w.["S DCS MO -NLS I0M1• id'I6 CLERK'S CERTIFICATE I,Marian K. Karr, being first dwqualorn ified, hereby ose ancldacting and certify that I am the duly appointed, City Clerk of the City of Iowa City, in the County of 7ohnson, State of Iowa; that as such I have in my possession, or have access to, the complete corporate records of said City and of its Council and officers; that I have carefully compared the transcript hereto attached with the aforesaid corporate records; and that said transcript hereto attached is a true, correct and•completepCitf ofrsaidtcityat all the records a meeting the action takethe n by Y Council 1984, holding of a public regateg open to the public on July 3, and approving the issuance of not to exceed $900,000 agg g principal amount of Commercial Development Revenue Bonds (Jackson Square Associates Project), of the City of Iowa City, I proceedings remain in full force and effect and Iowa; that sai have not been amended or rescinded in any way; that said ith meeting and all action thereat was duly and publicly held, w members of the public in attendance, in accordancewwith was notice of meeting and tentative agenda, a copy timely served on each member Of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that the face at theeet of principal office of the Council (a copy Of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Iowa Code, and upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law. Witness my�and the Corporate Seal of said City hereto affixed this r Y (Seal) Marian K. Karr, City Clerk State of Iowa ) SS: County of Johnson ) Subscribed and sworn to before me this day, the date last above written. .l "D (Seal)Publ�c -6- Au.CwS. COOVC.. DO-WCRCN HAtviC. SMiI •. fl ACt PCC L..,c.5. DCS MOmCS 10wA � aa6 ^. a:3err'h illn+� 7-5•FY Y: /MSA (This Notice to be Posted) NOTICE AND CALL OF COUNCIL MEETING Governmental Body: Date of Meeting: Time of Meeting: Place of Meeting: The City Council of Iowa City, Iowa. July 3, 1989 7:30 P.M. Council Chambers Civic Center Iowa City, Iowa PUBLIC NOTICE IS HEREBY GIVEN that the above-mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: 1. Public Hearing and Resolution Approving Proceeding With The Issuance and sale of Not To Exceed $900,000 Aggregate Principal Amount of Commercial Development Revenue Bonds (Jackson Square Associates Project), of the City of Iowa City, Iowa. 2. Such additional matters as are set forth on the additional 15 page(s) attached hereto (attach copy of agenda). This notice is given at the direction of the Mayor, pursuant to Chapter 28A, Iowa Code, as amended, and the local rules of said governmental body. Clerk ofof an Mar K. Karr, Clerk the City of Iowa City, Iowa Ckm AHLCII5. COON". DDRWC1LCR, HAVNIC, SMIIN a ALLSCf„ L.W,CNS. DCS MOINC$ IOWA ' ^II / RESOLUTION NO. 84-174 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A SEVENTH RENEWAL OF A 28E AGREEMENT BETWEEN IOWA CITY AND JOHNSON COUNTY FOR TRANSIT SERVICES. WHEREAS, it is in the public interest to provide transit services to Iowa City residents who have special transit needs due to age or handicap, and WHEREAS, the Johnson County SEATS program is designed to provide special elderly and handicapped transit services, and WHEREAS, Iowa City and Johnson County have entered into a 28E Agreement for purposes of providing such services, which Agreement has been recorded in the Johnson County Recorder's Office, and WHEREAS, a Seventh Renewal Agreement has now been negotiated by said parties in order to continue said delivery of special transit services to Iowa City residents, a copy of said Agreement is attached and by this reference made a part hereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the Mayor is hereby authorized to execute and the -City Clerk to attest said Renewal Agreement. 2. That the City Clerk is directed to file said Renewal Agreement with the Secretary of State and the Johnson County Recorder as required by Chapter 28E, Code of Iowa. It was moved by Erdahl and seconded by Zuber the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald x_ Strait X Zuber Passed and approved this 3rd d y of July �/ Q 1984. �il.� !C / l../OZca-4C M YDR ATTEST: .1i1 / CIT CLERK Rncolvod & Approved By Tho L.-Scl Depaitmnl 62684 lasl SEVENTH RENEWAL OF 28E AGREEMENT FOR TRANSIT SERVICES This renewal agreement is entered into by and between Johnson County, Iowa, and the City of Iowa City, Iowa, both municipal corporations. t i Whereas, the parties hereto wish to renew their agreement for transit services which is recorded in Book 501 at page 303 in the Office of the Johnson County Recorder: Now, therefore, be it agreed by and between Johnson County, Iowa, and the City of Iowa City, Iowa, as follows: 1. The seventh renewal term of the 28E agreement referred to above shall conmence July 1, 1984, and continue for one year through and including June 30, 1985. 2. Paragraph 4(A) of the original agreement, as amended, is further amended by deleting the entire language thereof and substituting the following: "The County shall continue to operate the service within the corporate limits of Iowa City from 7:00 a.m. to 6:00 p.m., Monday through Friday, and 8:00 a.m. to 2:00 p.m., Saturday and Sunday except for holidays established by the Johnson County Board of Supervisors. All specific operational decisions shall be made by the Board of Supervisors and the SEATS Manager to maximize responsiveness to demand and productivity. 3. Paragraph 4(C) of the original agreement, as amended, is further amended by deleting the entire language thereof and substituting the following: "The County shall continue to request a donation. All such donations as 2 will be retained by the County to help defray operating costs. The average donation per passenger in FY85 will be subtracted from the estimated average cost per passenger in FY86 to establish a basis for payment by the City to the County in FY86, During FY85 the County shall I provide the City with daily data sheets which include the origin, destination, and time for each Iowa City trip, and a total of Iowa City j donations for each day." 4. In consideration of the County's agreement to provide special elderly and handicapped transit service as herein provided, the City of Iowa City agrees to pay to Johnson County $2.93 per one-way trip for each Iowa City f passenger carried, this amount being SEATS' estimated FY85 average cost per trip ($3.26) minus the FY84 average donation per trip ($.33). The total funding for this service during FY85 shall not exceed $61,500. I 5. The City agrees in FY85 to provide indoor storage of 11 SEATS vans at the Iowa City Transit garage. SEATS personnel will have access to vans parked at the Iowa City Transit garage during Iowa City Transit's regular hours of operation. Iowa City Transit personnel shall be permitted to move SEATS vans which are parked at the transit facility, if needed. 6, The City shall make its fueling facility available to SEATS. The City shall determine the specific scheduling arrangements for this service. The County agrees to pay fuel costs based upon the invoice cost to the i City. The City shall invoice monthly providing itemized fuel usage by vehicle. Payment shall be made by the County within 30 days from date of IA 51 3 invoice. The City shall not be liable for delay in fuel shipments, supplying fuel during periods of equipment malfunction or fuel short- ages. l 7. The County shall idemnify, defend, keep and save harmless the City, its agents, officials and employees, against all claims, suits, liabilities, judgments, costs or expenses, which may in any way may be made or claimed against the City in consequence of this agreement. The County shall, at i its own expense, provide insurance protection with respect to this idemnification agreement. 8. In all other respects the original agreement, as amended, between the parties remains in full force and effect. 9. This renewal agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. Dated this 3rd day of July , 1984. CITY OF IOWA CITY, -4IOWA n%n(n/ By: �Ouu�G_ By: n coonMayor ATTEST: ATTEST ycler l£5bl Depa-fil JOHNSON COUNTY, IOWA : Harold_DonVelly, Qf xir_ pers BoardSupervisors �/`� ,il � /i ro—unt /JAuditor � I R51 CITY CSF IOW//-\ CITY CNIC CENFER 410 E. WASHNGTON Si. IOWA CITY, IOWA 52240 (319)356-500D Mary Jane Odell Secretary of State Iowa State Capitol Building Des Moines, IA 50319 Dear Ms. Odell: The City of Iowa City and Johnson County, Iowa have entered into a Seventh Renewal of a 28E Agreement for Transit Services. Attached is the originally executed Resolution authorizing the Agreement, with the originally executed Agreement. These documents have been recorded with the Johnson County Recorder. Yours very truly, Marian K. Karr, CME City Clerk MARY JANE ODELL SECRETARY Of STATE ✓1 .6ia[e of 301na betretarp of 6tate Tiles S}loints; July 19, 1984 Marian K. Karr, City Clerk City of Iowa City Civic Center 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement between City of Iowa City and Johnson County - Seventh Renewal - Transit Services STATE CAPROL Bu1LONG DE$ MOINESAA. 50319 515291 5851 Dear Ms. Karr: We have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1983 Code of Iowa. You may consider the same filed as of July 19, 1983. Cordially, rn �i/ Owl MARY JAN DELL Secretary of State MJO/d �oa�D :UL 20]984 MARIAN K. KARR CITY CLERK (3) iasl 1. Y RESOLUTION NO. 84-175 RESOLUTION DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS AND FIXING TIME AND PLACE FOR RECEIPT OF BIOS FOR THE CAPITOL STREET PARKING RAMP IMPROVEMENT PROJECT. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held, and WHEREAS, the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are on file with the City Clerk, and WHEREAS, the amount of bid security to accompany each bid for the construc- tion of the above-named project had earlier been set in the amount of 5% of the bid payable to Treasurer, City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF I014A CITY, IOWA: 1. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids 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 of bids. 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 12th day of July, 1984. Thereafter, the bids will be opened by the City Engineer or his designee, and thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held in the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 17th day of July, 1984. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 3rd d of July 1984. 1 R ATTEST: ��M �,y • (�. . �J _ CITY CLERK Received & Approvoc' By Tho Legal Do artmont L WIE 1953 I City of Iowa Cit't MEMORANDUM Date: July 2, 1984 To: City Council and City Manager From: John Lundell, Transportation Planner Re: Capitol Street Ramp Improvements Unfortunately, the City received no bids on June 26 for the Capitol Street parking ramp improvements. Iowa City area contractors were the only firms to request a set of plans and specifications even though they were on file at plan inspection rooms across the state. Phone calls to the local firms indicate that they are too busy to meet our timetable calling for completion by August 17. After discussions with Hansen Lind Meyer, the staff has decided to recommend that the project be rebid on July 12. In an effort to ensure bids are received, a mailing of plans and specs is being made to contractors in Cedar Rapids, Waterloo, Dubuque, Davenport as well as Iowa City-Coralville. The staff is confident that this will result in several bids being submitted. At your July 2 informal Council meeting you Will be asked to amend your July 3 formal meeting agenda to include an item to set the new bid date on July 12. While this is disappointing, it should only delay the project two weeks with completion now scheduled no later than August 31. Thank you. cc: Don Schmeiser, Director bjI/4 ia53 G ADveRTISEMENT FOR BIDS CAPITOL STREET RAMP IMPROVEMENTS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. CDT on the 28th day of June 1984, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M. on July 3, 1984, or at such later time and place as may then be fixed. j The work will involve the following: Structural modifications and additions to the Capitol Street Ramp walls, slabs, automatic parking controls, traffic re -striping and modifications to the Capitol and Clinton Street entrances. All work is to be done in strict compliance with the plans and specifi- cations prepared by Hansen Lind Meyer, P.C. of Iowa City, Iowa, which have i heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. i Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. 1 Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa bank and filed in a sealed envelope separate from the one containing the proposal, and in the amount of 5' of bid made payable to the Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfac- tory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. ra53 Page 2 The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 5 years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 25 Completion Date: August 17, 1984 Liquidated Damages: $200.00 per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal may be secured at the Office of Hansen Lind Meyer, P.C., Suite 500, Plaza Centre One, Iowa City, Iowa 52240 by bona fide bidders. Return all plans and specifications to the Architect's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained form the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN KARR, CITY CLERK y�\ RESOLUTION NO. 84-176 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CONTRACT 1 - RESERVIOR FOR THE ROCHESTER AVENUE RESERVTOft-- WHEREAS, Preload Technology, Inc. has submitted the best bid of S 738,610 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Preload Technology, Inc. subject to the condition that awar ee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by _ Erdahl and seconded by Dickson _ that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X _. Baker X Dickson X Erdahl R McDonald _ X Strait X Zuber Passed and approved this 3rd day of July 19 84. " ATTEST:MAYOR �J 2�CL�(J � C TY LEE Ilacoived 8 Approved By The LeOal Department G Z 84- ►asY RESOLUTION NO. 84-177 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF CONTRACT 2 -'PUMPING STATION FOR THE ROCHESTER LEND€---' WHEREAS, McComas-Lacina Construction Company, Inc. has submitted the best bid of b 336.422 for the construction of the above-named project. IOWA: NOW, THEREFORE, DE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, 1. That the contract for the construction of the above-named project is hereby awarded to McComas-Lacina Construction Company, Inc. subject to the con ition that awar ee secure adequate perfo rnrence bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. It was moved by Zuber and seconded by Ambrisco that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X __. _— Baker X Dickson X Erdahl X McDonald X Strait x Zuber Passed and approved this 3rd day of July 19 84. MAYOR ATTEST:..i �� '�� � ) C T CLERK Approved Py 71te Legal Department ►ass RESOLUTION NO. 84-178 RESOLUTION AUTHORIZING EXECUTION OF OVERWIDTH PAVING AGREEMENT WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement with Plum Grove Acres, Inc. a copy of said .—agreement being attached to tis Reso ution an y tiis reference made a part hereof, I and, WHEREAS, the City Council deems it in the public interest to enter into said _agreement for overwidth�aying of First Avenue in Phase 2 of First and Rochester, Part 1 in Iowa City, Iowa NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Plum Grove Acres, Inc. 2. That the City Clerk shall furnish copies of said agreement to any citizen requesting same. It was moved by IU.icksD.D _ and seconded by _ nmhr;crn that the resolution as reaTR adapted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker _X- Dickson X Erdahl _ McDonald X Strait Zuber Passed and approved this 3rd day of July MAYOR ATTEST: C TY (;LtRK Rocclved 3 Approved By Tho Legal Depafim+nt i act- AGREEMENT WHEREAS; Plum Grove Acres, Inc. is the developer of the First and Rochester, Part 1 subdivision, an Addition to the City of Iowa City, Iowa, according to the recorded Plat thereof, and WHEREAS, the City Council and the Planning & Zoning Commission of Iowa City, Iowa, have'required, as a condition of the approval of said subdivision, that the Developer shall improve The first portion of First Avenue by paving said street 31 feet wide, back-to-back of the curb, respectively, and " WHEREAS, the City of Iowa City has agreed to reimburse the Developer for the cost of said improvement which is in excess. of 28 feet in width and said cost has been determined to be less than Twenty -Five Thousand Dollars ($25,000), and that 6 no bids are required, pursuant to Chapter 384 of the Code of Iowa, and the City of Iowa City has" determined that the cost of $15.50 per square yard not exceed Three -Thousand Five -Hundred dollars (S 3,500.00 ) is a fair and reasonable price for the cost of the additional pavement required. IT IS THEREFORE AGREED, by and between the parties as follows: 1. That the Developer shall contract for the paving of said street and shall be responsible for seeing that it is paved, pursuant to the Ordinances, rules, regulations and specifications of the City of Iowa City, Iowa. 2. That upon completion of the paving improvement and the acceptance of the work and the'street by the City of Iowa City, that the City of Iowa City shall pay to the Developer, the sum of $15.60 per square La! L. d!not exceed to Three - Thousand Five -Hundred ($3,500.00) as full payment for its share of the improvement in excess of the width of 28 feet. 3. It is understood and agreed by and between the parties that nothing herein contained, nor shall the entering into of this agreement by the City of Iowa City be deemed to constitute in any way a waiver of any of the.Ordinances, rules, regulations or specifications of the City of Iowa City, and the Developer hereby agrees to comply with all Ordinances, rules, regulations and specifications -of the City of Iowa City, and all of the laws of the State of Iowa. Dated at Iowa City, Iowa, this Siday of „_,,Itay..... , A.D. 19 84 . CITY OF IOWA CITY, IOWA By: Lzo ihCtc �� ayor Attest: -i-1- City Clerk Rutolvad & Approved Ry The legal Depadn*ni bbi/I ALO..'tG/lOdL//�i�ad) INC- .- 1 By: �! J(YiJ president By: Secretary 43 P••' : ,,.' : r. Mw ...... ItIrl� llV N lil{•'l `•�t'' y.p I ,l• MH•3......'C11 .11A3•Y 1"ITd:tTT•'• t 11(iPi'• • r •I�^��C• '•,..,. �r=. .3Y,..='T--r-•;i_ gaet �.... II=�•�111;1',: I.�o.ni{I � � 3< � S3 1 72 .••�a1 uu sae 1w.un I I ' 1 YINAL PLAT w 1111.1,• ' FIRST ANO ROCHESTER. PART ONE 11 IOWA CITY, JONISON COYNTT.IOw 11 11 11 r .. 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II=�•�111;1',: I.�o.ni{I � � 3< � S3 1 72 .••�a1 uu sae 1w.un I I ' 1 u .� 11 • ,1'II•r YINAL PLAT w 1111.1,• ' FIRST ANO ROCHESTER. PART ONE 11 IOWA CITY, JONISON COYNTT.IOw 11 11 11 M .. L.. .iY•i°:ii.i I.IIN MVI IK INN ,1.N I.Y Yc. mm (11 10N , ly.•11'"' • JII.N m uncal Inm mo, w KM 1 1 N.M 11'11.11• n.11 II.N M:ii 1 1 In.M 11'11'11' In.11 111.11 YI'II•IIY J , nla\ n•Nvl• nl.n m.n w•n•u•. 1 1 11.N 11••1•"• IN.11 1\1.11 .11•N'l1Y � ii�•u\ .'.•',i' 1••11 11.11 n•.1'I1V u .� 11 • ,1'II•r • li w 1111.1,• ILY 1• "411441. 11 1. •11 1 11 11 11 M .. L.. .iY•i°:ii.i .i ,1.N I.Y 1'II•Ir• • •1 V1•N'. ..• ly.•11'"' • JII.N � .1...�. SEC SIICCT 1.17 ,• Il.rl u•.4 "'N'JI' '11.11' n•N••r I•.Ir ul,n ll.\1 w.N �u.n Ibll 19rn• 11'IPP• real "1.11 ul.11 u4r•N• 11.11 ILY IN.II 1141'1\• IN.11 111.11 )N.1\ '1'11'11• 1\I.II 111.11 ,1.N I.Y 1'II•Ir• • •1 V1•N'. 11•rl 11.11 11.11 11.11 • JII.N IM.11 III." Il.rl u•.4 "'N'JI' '11.11' n•N••r I•.Ir ul,n ll.\1 w.N �u.n Ibll 19rn• 11'IPP• real "1.11 N.N N•.11 111." Ir•N•11• I11.N Illrll IN.N •'lu.n 11"1.11' uv1,• Ill.l• INnI Ill.rl ul.0 1.1.1r '1•• 44"111." 13A 1I•Ir1N1 II.M • 111.4 n'II' Two. 11.11 111.1, N.11 111.11 III.Y I,,.N „11.11• 1•'•1.11• 11.11 111.11 11.11 111.11 ii•M .4 1'M'V• Ila N LN Na W.n "4.141• WWW 11.11 ndl Yuueu MMIAll 1. KARR CITY CtT 1.VP- At RESOLUTION NO. 84-179 RESCITY RK TO ST THEOLUTION RELEASEAOFHLIENING THE REGARDINGYARTO SIGN PROMISSORYNNOTEEEXECUTEDEBY EMILIO ILIOG. ARREDONDO. WHEREAS, on November 4, 1977, Emilio G. Arredondo executed a promissory note to the City of Iowa City in the amount of $4,950 for value received by way of a Housing Rehabilitation loan, and WHEREAS, said promissory note provided a lien against subject property, and WHEREAS, $4,950 of the full amount of said note has been paid in full, and WHEREAS, the subject property was sold or transferred on June 13, 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the attached Release of Lien, whereby the City does release the affected property from an obligation of Emilio G. Arredondo to pay to the City the principal amount of $4,950.00. It was moved by Ambrisco and seconded by Dickson the Resolution be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 3rd ay of JJUI)r p ,1984. OR ATTEST: 40;LtKr, Racdved & Approved By The Legal 0. parhranF 4IVI14 4 IA57 RELEASE OF LIEN Date Julv 3, 1984 KNOW ALL MEN BY THESE PRESENTS: That the City of Iowa City, Iowa, does hereby release the following described property: Commencing at the intersection of the southwesterly line of Muscatine Avenue with the line running northeast and southwest between Lots 4 and 5 in Block 41, in East Iowa City, Iowa, according to the recorded plat thereof, thence southwesterly along said described line to the north- easterly line of the alley, as shown by the recorded plat thereof, thence southeasterly along the line of said alley 55 feet, thence northeasterly parallel to said line between said Lots 4 and 5 to the southwesterly line of Muscatine Avenue, thence northwesterly along the said southwesterly line of said Muscatine Avenue to the place of beginning; subject to all easements and rights-of-way of record. Grantors also convey to the grantee all interest they may have in driveway easement over 5 feet of the lot adjoining the southeasterly line of the above-described tract. from an obligation of Emilio G. Arredondo to the City of Iowa City, Iowa, in the principal amount of $4,950.00 represented by a promissory note recorded in the Office of the Johnson County Recorder on November 10, 1977, in Book 246, Page 296. This obligation has been paid in full. ATTEST: C 1g " J ty C erk CITY OF IOWA CITY, IOWA By ayor Rwaived b Approved sy The legal Department as7 STATE OF IOVIA ) ) SS: JOHNSON COUNTY ) On this 3rd day of July' 1984, before me, the undersigned, a Notary—Tu-67c in an or saidCounty, in said State, personally appeared John McDonald and Marian K. Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of said municipal corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation by authority of its City Council; and that the said John McDonald and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily executed. AcA141 --f `eAV) Notary—Public in an for—Johnson County, Iowa 057 k 0 f2E3. 85 / Y o 1s sF f� a RESOLUTION NO. 84- 180 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH GWG INVESTMENTS FOR LOTS 1, 2, 3 , and 4, BLOCK 63, ORIGINAL TOWN (THE OLD PUBLIC LIBRARY AND ADJACENT PARKING LOT). WHEREAS, the City of Iowa City did by Resolution 83-13 authorize the execution of an agreement to purchase the Old Public Library and the adjacent parking lot for private development; and WHEREAS, said agreement was duly executed and contained certain provisions which the City of Iowa City and GWG Investments wish to modify by an amendment to said agreement; and WHEREAS, the City of Iowa City deems it to be in the best interest of the City to enter into an amendment to the agreement to reflect certain changes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: that the Mayor ie authorized and the City Clerk to attest the amendments to the agreement known as the Offer to Purchase --Old Public Library and Parking Lot. It was moved by Zuber and seconded by Dickson the Resolution be adopted, and upon roll call there were: ABSTAIN: AYES: NAYS: ABSENT: X Ambrisco _ X Baker X_ Dickson X Erdahl X McDonald _ X Strait X Zuber Passed and approved this 3rd day of Julv 1984. ATTEST: :.avcd Dy aon ni /as'e AMENDMENT TO AGREEMENT OFFER TO PURCHASE --OLD PUBLIC LIBRARY AND PARKING LOT WHEREAS, GWG Investments, an Iowa General Partnership and i the City of Iowa City, Iowa, have executed an Offer to Purchase Agreement for the development of the Old Public Library building (Lots 3 and 4, Block 63 original Town) and the contiguous parking lot (Lots 1 and 2, Block 63 Original Town), said Agreement having been executed January 18, 1983, by the parties; and WHEREAS, the Agreement grants to the Buyer an option to purchase the parking lot site within twelve (12) months from the date of the Agreement and that the Buyer has delivered written notice to the Seller that it intends to exercise the option, said notice having been dated January 10, 1984, and the Agreement further requires that the Seller convey the parking lot site within sixty (60) days after receipt of said notice; and WHEREAS, the Agreement requires the Buver to develop or redevelop the Old Library building and to expend improvements on same in an amount no less than Three Hundred percent (300%) of the Buyer's bid price of One Hundred Sixty -Five Thousand Dollars ($165,000.00) for a maximum amount of Four Hundred Ninety -Five Thousand Dollars ($495,000.00); and WHEREAS, certain matters have now arisen which require a change in the aforesaid conditions and the parties hereby desire to amend the Agreement to reflect those changes; and IT IS THEREFORE AGREED AS FOLLOWS: , I. That Paragraph 8 of the Agreement is hereby amended to provide that the Seller shall convey title to the parking lot site no later than July 10, 1986. /a 51, 2. That Paragraph 8 of the Agreement is hereby amended to provide that the Buyer shall make improvements on the Old Library to the Seller's satisfaction in the amount of $495,000.00 no later than January 27, 1986. 3. The Agreement originally executed between the parties on January 18, 1983, is hereby ratified and confirmed in all other re- spects. FOR BUYER: GWG INVESTMENTS, an Iowa General Partnership Bruce R. Glasgow Alan J. Wolfe Joseph W. Glasgow General Partners 834 N. Johnson Street Iowa City, Iowa 52240 FOR SELLER: CITY OF I014A CITY, IOWA o n McDona Id, Mayor Matian K. Karr, City Clerck 20co1ved d Approved By The Lepol Department /a-s� RESOLUTION NO. 84-181 RESOLUTION ADOPTING REGULATIONS FOR THE OPERATION OF SIDEWALK CAFES ON THE PUBLIC RIGHT-OF-WAY IN THE CITY OF IOWA CITY. WHEREAS, it is desirable that certain businesses in Iowa City be allowed to expand food services activities into outdoor service areas, and WHEREAS, the City Council wishes to establish criteria to serve as a basis for its approval of the operation of said outdoor service areas, known and referred to as sidewalk cafes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY that the "REGULATIONS FOR THE OPERATION OF SIDEWALK CAFES ON THE PUBLIC RIGHT-OF-WAY IN THE CITY OF IOWA CITY," attached to and made a part of this resolution, are hereby adopted by the City of Iowa City as minimum criteria for the granting of permission to operate sidewalk cafes on the public right-of-way. These regulations shall apply as indicated, the only exceptions being those specifically set forth within the regulations. It was moved by Ambrisco and seconded by Erdahl the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Baker X Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 3rd day of July 1984. l/A OR ATTEST: ��� i ��n % CIT CLERK Ra@Nod & Approved py the Legal DoW� r 105? CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CIN, IOWA 52240 (319) 356-50.00 REGULATIONS FOR OPERATION OF SIDEWALK CAFES ON THE PUBLIC RIGHT- OF-WAY IN IOWA CITY 1. A sidewalk cafe is defined as a temporary, outdoor service area used for the serving and consumption of food and beverages which are dispensed from inside a restaurant to people seated at tables and chairs in the outdoor area. 2. Permission to operate a sidewalk cafe on the public right-of-way shall not be given to any business or establishment licensed for the sale, distribu- tion, or consumption on the premises of any alcoholic beverage under Chapter 123 of the Code of Iowa 3. Sidewalk cafes will be permitted in the public right-of-way or on other publicly -owned property only in the CB -10 and CB -2 zones (the downtown and the commercial areas directly north and south of the downtown). 4. The sidewalk cafe area must be adjacent to or directly in front of the building housing the restaurant and utilization of that area is subject to the building owner's approval. 5. A sidewalk cafe area may not extend onto the sidewalk in a manner that will not allow a minimum of eight feet of unobstructed sidewalk remaining for pedestrian use. The eight foot unobstructed portion of the sidewalk should be continuous and contiguous with the adjoining sidewalks in such a manner as to provide uninterrupted, smooth passageway for all pedestrians. If the existing sidewalk is less than eight feet in width, no encroachment will be permitted. On the City Plaza, a sidewalk cafe may use the area defined as Zone 1. 6. All tables and chairs in the sidewalk cafe area shall be set back, for safety purposes, at least ten feet from alleys and shall not be located in a triangular area at street corners in which two of the triangle's sides measure 20 feet in length along the curb lines from the point of intersec- tion of the streets. 7. The area for a sidewalk cafe shall be temporarily delineated by ropes or some other suitable method which shall be clearly visible to pedestrians. Tables, chairs, and other items are to be removed at the end of each day's operation and the sidewalk cafe area restored to its normal condition as a pedestrian way. No materials shall be stored on the public right-of-way. 8. Sidewalk cafes shall not be allowed to operate before April 1 or after October 30 of any calendar year. 9. A sidewalk cafe may not utilize any public amenities such as benches, seats, or tables. 1as9 10. Amplified sound equipment shall not be permitted. Additional advertising or identification signage beyond that permitted for the main restaurant shall not be permitted. Any amenities (such as chairs,_ tables, and umbrellas) shall not have any advertising on their surfaces. Compliance with the City noise ordinance shall be required. 11. A fee will be charged for the use of the public right-of-way. The fee rate will be set by resolution of the City Council. 12. The use of public sidewalk space for sidewalk cafe purposes shall not be subject to the zoning code. The Zoning Ordinance regulates only the use of private property and not public property. 13. The sidewalk cafe, as part of a restaurant, must be licensed by the Johnson County Board of Health. 14. Every sidewalk cafe operator shall be required to post sufficient insurance as determined by the City and shall enter into an agreement holding the City harmless against any and all liability arising from accidents or other actions arising from its operation. 15. An application for a sidewalk cafe shall contain, at a minimum, a plot plan, a picture., or illustration of the amenities to be used, and the seating capacity. In addition, the application shall provide the name and address of the owner of each immediate abutting property. Applications will be handled by the City staff with the review and approval of any use of the public right-of-way approved by the City Council as prescribed in the City Code of Ordinances. The City will notify the immediate abutting property owners by letter of the nature of the application, and the date and time this item will appear on the agenda for approval by the City Council. If the application is approved by the Council, the City staff will be respon- sible for the administration of the agreement and collection of fees. 16. The operation of any sidewalk cafe as defined herein shall be in conformity with all applicable Federal, State, and local laws and regulations. 17. A permit to operate a sidewalk cafe shall be granted only for the calendar year in which application is received. Application shall be made at the Civic Center on the standard application form for the use of streets and public grounds or for the use of City Plaza. 18. The City retains the right to withdraw, at its discretion, permission for the use of the public right-of-way for a sidewalk cafe at any time it deems such withdrawal to be in the public interest. The City may, after notice to the permit holder and a reasonable opportunity for hearing, revoke authorization for the operation of a sidewalk cafe for any establishment where excessive noise or other problems, as determined by the City, result directly from the operation of the sidewalk cafe. The revocation procedure shall be initiated by the City Attorney filing an administrative hearing complaint with the City Council. Written notice of hearing, as well as a copy of said complaint, shall be served upon the permit holder at least 10 days prior to the date set for hearing. The hearing shall be before the City Council and shall be governed by the procedures as established by Sections 2-186 and 2-187 of the Code of Ordinances of the City of Iowa City, Iowa. Receiv^d A Approved By The Legal Do artmont ias9 RESOLUTION NO. 84-182 RESOLUTION ESTABLISHING FEES FOR THE USE OF PUBLIC RIGHT-OF-WAY FOR THE OPERATION OF A SIDEWALK CAFE WHEREAS, the City Council of Iowa City, Iowa did on July 3,198 adopt Resolution No. 84-181 which establishes regulations' for operation of a sidewalk ca a on a pu is right-of-way, and WHEREAS, Section 11 of said regulations provides for the fees for the use of the public right-of-way for a sidewalk cafe to be established by Resolution. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following fee schedule is established for use of the public right-of-way for the operation of a sidewalk cafe: 1. Annual fee - $300 per season (April 1 -October 30). It was moved by Dickson and seconded by Ambrisco the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X AMBRISCO -I— BAKER 37- DICKSON iC- ERDAHL MCDONALD —_ X STRAIT g ZUBER Passed and approved this 3rd day of MY _, 1984. "'U Af" G a 7- - ATTEST: )2) *�.J -;f-" -4 ) CIT - CLERK Received & Approved By The Lepd D". M11 6-2b-sy V 060 1(� RESOLUTION NO. 84- 183 RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE AGREEMENT FOR THE SALE BY THE CITY OF IOWA CITY, IOWA OF ELM GROVE PARK TO JOHNSON COUNTY, IOWA WHEREAS, the City of Iowa City wishes to sell a tract of land known as Elm Grove Park; and WHEREAS, Johnson County, Iowa, wishes to purchase the said Elm Grove Park and has submitted an Offer to Buy Real Estate and Acceptance Agreement to the City for the purchase of same for the sum of $200,000.00; and WHEREAS, the City Council deems it to be in the public interest to accept said Offer from Johnson County, Iowa, and to convey the property subject to the statutory procedures governing the sale of city—owned property, and to set for public hearing the proposed conveyance on July 17, 1984. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: that the Mayor is authorized to sign and the City Clerk to attest the Offer to Buy Real Estate and Acceptance Agreement submitted by Johnson County, Iowa. It was moved by Dickson and seconded by Erdahl the Resolution be adopted, and upon ro ca t ere were: AYES: NAYS: ABSENT: X Ambrisco X Baker Dickson X Erdahl X McDonald X Strait X Zuber Passed and approved this 3rd day of July 1984. U 0 i ATTEST: CI Y CLERK 00 .�� i—e0R THE LEGAL EYSULT O TLA USE STATE EAE ASSOCIATION Fees No. 2E.1 i THIS F00.M. CONSULT YU0. LAWYF0. .• __-_, OFFER TO BUY REAL ESTATE AND ACCEPTANCE (Short Form) 4 •9•d lows Cit)' , Iowa, June 28 19 84 TO City Of Iowa Cl t)'Ihore;n designated as Sellers):pnnrl nems of Seller and BDDYstI Johnson THE UNDERSIGNED Iharein designated as Buyers) hereby offer to buy the real eNote situated in County, Iowa, described as follows: Elm Grove Park, consisting of approximately 66,080 square feet more or less, with legal description to be provided from existing record entries, together with any easements and mrvient estates eppPuff ... rel themto, but with reservations and exception$ -ell as follows: (Strike out inapplicable parts, if any, of (al, (b( or (c( below.( 1ej Title shall be lefen sublacl to applicable toning msir;c6ons, except es in I, below; b And subject to any reasonable, customary and appropriate restrictive covenants as may be shown of record, except as in I. below; (c) And subject to easements of record for public utilities, public roods and public highways, (d) XXXxX:CYX..... 'x. Nye . r 7e A for the total sum of $ 200 000.00 payable el SCIler's direction 1Ji tllln JohnC on County, lows, as follows: The full purchase price shall be paid at closing. 1. SPECIAL USE. This v..er ;I void telex, Buyers are parm;lted, under ant ar46ng Ion'ng and building 1,,1rlcleom, immediately to mete the follo.ing conforming um of said reel 111-1c general 121irpose county offices XMIARMONCAMIXOPK AI .ICY 19�, Ing ubi shall S; POSSESSION. II Buyen limdY padorm ell blivalions on er baton the --d^Y Of �+ on aid dole b delivered to [u Yen, watts di. I...If of rant, Imuran.. and interest n of dme of Innfbr of Dmrenion, II Bupn na taking mb1aN la ' which event. Salla,, chaff fodh.ith prod..l any written Imo or [.amon E right of Us ... I .o Indicate by "Yes' in the 'pea tollowing: • '^ ..,d prnnio. (or examination, and asgnmmt. 6. FISTUR[S. p) All Personal proDertr that integrally belonyc to or is part of aid rail effort. whether attached or delachad' m,. en light "dues I blinds, ranelian blind", a•ninas, "sores w,nden, storm dote, storm ufhet «nem, aNached (including guorncent tube, but not mnda OW, shades, rods, air mnd,bon,ng evuipment other Then .mato. ryps, door ch;mu t linoleum Plumbing fixtures. •a., healon, water feftenen, ealomat;c heeling aaau,pment, shrubs a end .fonts, than w;ed.wxypelx?l, him tf I buill.in It... and alectricd Ifrrie able, fencing, gate. and ether attached nturm. Iran, bashes, ( oved by seller .ries to date of possession. t, YYtY XX7,dGYeYY.16a)kOCYcV"BfY_fflL'Ly (Reeled uems2l .. __ 1 ;`%¢RggtdKg7PkDlatX•xdgxDPNNarouPk9acacx-7.xxK'ttlNxkxgPX�l!vPfPXK+Hr�FftK he evens ADDITIONAL 0LwIROY 19eoNsemenlcel eddliio elduaneborm, thus the ParagraphnTc mrnnv and diienela proviJonar or anyachanges 0I saiduP req ,;.led d1D le 1A I Incluse s e hereof, then the out rion el the emwnl of innrence .n Peraq•.ch 2g. Ihall "I'lle the adfiYennl (vnelmef of the perLes on the reveres fide hereof. 1. PURCHASE PRICE. If Is agreed that .1 Time el'attbmael, funds el the purchau price may be .,ad to pay tans, *the, item and to acoulm Pat - deeding interest', if any, of ether parties. 1 y 1 7 _ I9_BA_ it shall become null and void end .11 payment. 'hell 9. II this he a net auepfod by 5.11.3 an er baton T, y-- IN, rep.ta m tIts. eppn. JOHNSON NSOAl rnIIUTV I 011 Egya'. Wife or Hatband EFyer By: ° dm. '-yaro onne yr 1aJ.(L1 r— nae. n. 5ni ri .Qf ti iia pl eisEors 3rd say of Jul, , 1P�L CITY Or IOWA CITY gBEr'a Wlla er Hue bond Seiler . ''novrll:hl Igfa try The Inw. M.Il B., A.-MMIne 26.1 OFFER TO BUY I �' Cunanl Juno, 1062 P ADDITIONAL PROVISIONS Ther foregoing oHer is subiect to the following further condition, Ord povisiom: I0. STATUS QUO MAINTAINED. Said real add. lend any personal property r contrin actedfe for)as ) as ofe data of 11"Pen or and ll 1 s it Perri ImmoI will umel be Pmterved and delivered ;mast t the time Douesiion a given. E.mpt, a to Jet pert of 1. insurance dialect. Buys agree he accept such insurers not... ieuu;vedette rep.bt applied plceasome. Buyers .hallof rthecupon apple,) nineacoe or a Tract and accept the POP -MY. (Sea paragraphs a and 20.) - a a:c Me•vee9YdK ' (7Iasi')kX$7FdUa7W.741CbNAalh:♦na.vtvgc.v%.,a....^•- --- ,rant, deed, with farm) and poyid-rd Id n. DEED. Upon payment of pmche,e price,, Seller )hell civet sof by Pw form eppoted by the low. State Bar Association, free and deer of lien and incumbrance), mwrvaion,, wceyl;out or mod;tical;ort wt ST er in this ndrumenl other.;). erpreuty Provided. All ..'radial shall afford to lima of -,sentence of this oHer, with especial -'I"nlim e. to ecb of halter up to fm. of delivery of dead. Sellers shall conveymerchantable title. ___._.. _...._. ... wa.r .otv It .ad eelr 11. she Sellers. Immediately pen npinq t i onI-u;n and/.r epapturrtl nqm, _. ._ _.. dl of the Sellers III than the proceed. of th;a We, and any c 9 p Sellvn e. loin) tenants with nOht of mry;vonhip entl not tenants in common; and (2) Buyer,, in 'he cit of the death f sisAer Seller egrea 'cited any balance Olathe proceed. of ,Mt tole to the a ;hint Seller end Ip ecce of dead flo®r lush -';Vin9 .Solid consisted with .,.graph II, bbooyo' u 1 end ucvps this paragraph Il b dri<len from this egreement. 11�/e. rr5ELUERS.rr Spouln, it not 'e titleholder immediately preceding this gmemenl, thall b presumed to here ecuted this inslrumenl troy for the purpose of relinquishing all rgh't of dower, homestead end d'oldbuGve there end/or in compliance rile action SAIeJ] I. `v `nes �d the esutl.I, Inleredr of such ad' in the P Intd portion of this contract, Ithout more, trill not ebur such prelumplion, e' ;b mK We, en, a pl .pour. in .p pup if or ;n the lel. proceeds thereof, nor bind such Inputs wept m afores.A, In Ira terms end Prov;,iom of this canned. m II. TIME BS OF THE ESSENCE. Tame if of Ira menses in this Agreement. IS. REMEDIES OF THE FATTIES — FORFEITURE — FORECLOSURE — REAL ESTATE COMMISSIONSI (III Buyers foil m fulfill IM1n agreement, the Seller m y fall, the tom as provided in the Code of low), and all payments made hereunder shall be .forfeited. To the file's in amount of any ..al .pare <ommndon odngaby Sellers o ..mint al this pub...;an ell Peymwp made hereunder )M1ell be paid by the Sella to the person entitled, In lip d'aaheme or in obLriaGab I., such commnuon. (61 If Sella, fail 'o fulfill thb gel"c'm they Ind" nev.dhdr, ear me regular reel O,ale comm;uion, it any be due, to the piton cnYlled, but Ile Buyers shelf Fare the r qhs to hese all their payment made hcrmnde• roWmed ie them. In add;l.I to be Inco.m, r medles, Buyer and Sellers ach )hap be metled to any and all other rented;a, o1 acppn er law or in Inu;" indud;nq foreclosure, and the Dailyatfault shall Pay costs end atbrney tis, end a reca.er mar be eneolnlyd,th. Its. EQUITY. 11 Buyers . me r tele subject to a lien on this Finerty) out are rea Aolderin? lush I enao, Iftatesl,, shot ng the eo.rectlarn; argrand balance or Ra.tor, ,hell fufdstr But.,' With a 'let .... I, or ,talemenll, in .,it;., " a or balance,. Official For. fPo m In tru Int ;Let be B followed byInto to be replacebutby an instillment t teal e'I tee contract, same shelf W es per terms led provipom of the IP. ALLOCATION OF VALUE OF ASSETS. Buyer. rand Sellars shall coop.rale to make a ..!.'able allocelon of +dues for the )sub herein purchased; but failure to reach en egreement .hall not in any manner delay or invelidate'his contract err Il$ pedormenca. 19. APPROVAL OF COUNT. If IM, property n .n asset of any .,let.. Wet or 9 ... d;amh;p this contract shell be subject to Court approval, stlesl da. ,farad unnecetaary by Its Buyer; a If,.". II necessary, the eppropdete fiduciary ,hell procce� pmmp'ly and diligently to bring the mallet coital hoofing for C.ud opprwel. In That .rent the Court Olficei. Deed shell be said.) 20. INSURANCE POLICIES. II Buyers purchma pis indallmenl conlred, Id y shall, a, their own capable, aper ponwdon, help in aged fire, N;nddorm and turned. insurer,-, with .,tended college, for the benefit of the pedfes hereto, in an amount not leu Than the unpaid balance of the ps, prize, or s .M.1dul, may be lea. The policies shell b estimated to the Sellar. IS.. also pasagraph, a and t0.) 21. CONTRACT FINDING ON SUCCESSORS IN INiRRESi. This conduct shell apply to and bind the successor' in ;n'ered of the respective palm. 22, Word, sod phrases heroin Including any ick..eladgmenl howl, shall b condnred es in the singular or pluret number, end w muculine, feminine Or wuta gerdN, a uordliing to I% contort. 22. OTHER PROVISIONS. (Personal Property?) ITermita Impaclion?I (a) Construction of parking areas shall be in conformity with the ordinances of the City of Iowa City. (b) This offer is subject, in addition to acceptance by seller, to compliance by seller With all applicable statutes and ordinances regarding its disposition of real estate. lif Inurnnw,naph 22roahc,ga d e /., If, caro r (red ;rale woo. hke T ibavdl as r.9cople, 10 le 22 l.dsoln, -t Nan ft' nsrrgn. of the ..... I of parag P 9 required paro9 p W I Y e JOHNSON COUNTY I IOIVA /tet n D .lent. Dy. oho NcDona dELLER3 y Iarold Donnelly,'©tatrperson BpYERS >" Board of Supervisors :cies; dare. ,am. ...a ' Addressers Sellers' Address Buyers' ++as+ CM N Ire emrN STATE OF IOWA. _ COUNTY, it; res On this day of , A. D. Iq__, before me, the undersigned, a Notary Public in and for said County end State, peranell, appeared e town 1P be de Idenlcel pegpni ne d In thus -be a red rhe wtAln cod binge -req :nvrumeet "0r4r a Our Real Eafe4 end Allic aml- in is enneb and .enowlidgmil be, be, accused the same n rhes t.l.rar, acv and deed. -See cede 9114.65151 .... _., Nnlery Public ;n and for aid County and Stele. RESOLUTION NO. 84 - RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO EXECUTE AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE AGREEMENT FOR THE SALE BY THE CITY OF IOWA CITY, IOWA OF ELM GROVE PARK TO JOHNSON COUNTY,/%WA S, the City of Iowa City wishesAo sell a of land known as Elm Grove Par and WHEK AS, Johnson County, Iowa, wi es to purchase the s id Elm Grove Park and has bmitted an Offer to Buy eal Estate and Acceptan a Agreement to the City fo\inter rchase of same or the sum of $200,00d WHEREASty Council d ems it to be in the public to accept aid Offer from Johnson County,nd to conv y the property subject to the statutory procedu es governing the sale of city -owned property. NOW, THEREFORE, BE�`IT ESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:\ hat the Mayor is authorized to sign and the City Clerk to attest the Offer to Buy Real Estate an Acceptance Agreement submitted by Johnson County, Iowa•. It was moved by and seconded by A and upon he Resolution be adopte , ro ca t er were AYES: NAYS: ABSENT: Ambrisco Baker Dickson rdahl Donald Strait Zuber Passed and approved this day of _ MAYOR ATTEST: CITY CLERK , 1984. I CAL STATE EAR ASSOCIATION DRAFT: JPW(6-27-84) _ k. OFFER TO BUY REAL ESTATE AND ACCEPTANCE f�q• (Short Form) '.�Iree Iowa City I Jun owe, a 28 q 84 TO city of Iowa City jherein designated es Sellers): (1na,t names of Seller end 5P...e) j THE UNDERSIGNED (herein designated as Buyers) hereby offer to buy the reel estate s!fueled inJohnson County. Iowa, described as follows: Elm Grove Park, consisting of approximate y 65,080 square feet more or less, with 17, dpgrr;nt;nn to be nrovided from existint; record together with any easements * (Strike out inapplicable pal( lel Title shell be taken b) And subject to any below; 1c) And subject to em, (d) 152�2(Nfii4S9Sr82S�r for the total sum of f 200 .000.00 County, Iowa, as follows: I. SPECIAL USE. TAI, aIle, is void M.1s Bayer. ere confmming me al fold reel estate .—g -neral pu XXTAyA-%A0X'AM &4K S. POSSESSION. II Burn timely on uid dale be chlNwod to Buyers, r right of Leueu to Indiule by "y"" uid pnmitm for uemiotion, end e 6. FIXTURES. (e) All pertonJ pr (including M-1111-0tubes but sol linoleum plumbing fat ... 1. welo beef 1,414a Items end eleef6cel unity u ?6YIY 7.X X1XX.X X)ba?:Oi X?;O(: rs may be shown of record, except as in I. highways: all be paid at closing. end building umidions, Immedlelely 1. mete Iha 1.1i..ing of �11OI Iqt H R4. .' paueuion shell m bends 1 preoien. If )uyen ere toting .bi.d to e shell fodh.ith produce on, write, hue or baso on * 7. ADDITIONAL PROVISIONS Thb offer if made ..bird In me eda,arx, arms a ororbe,..(.thum a. r ne id. bethe, or edddlanel ugnefunf but Can 1111h 7a er any ddu:onel pra•ironf, r hdunve, of her then the isle TonPro,he amount cl ..fans,. m Fart g•..h 70. shell ,mune the eddYanel Jgnelu ((t\\f s. ruRCHASE PRICE It It .g ..d Ther d fine of uNlemut, fends of the pur6.te price may b uud to 1 ,lending inbreth, it eM of other Palle. 1. II thio Her Ir sol c,.pled by Sellrn on or bete,. h i 1 y 1 7 I9_9.4., 1t shell 6.1.1. be rop.ld to the Fuy+n. aphf 10 to 7) indurire, prinhd an the she apart n one ae e,v,,, ;de be ee1. l. `, bnU alter liens end to .,q.1. --I- \.nd veld end ell Dgmenh ,hell Euyer'F Wife or Husband By- 'Add,., 11arold p nne yy tai nese n. S.... hj M i IS ilc ;nal moors day .1--, 1184 _ CITY OF 1011A CITY Seller Seller% Wife Of Husband By: Aur.ee Jolin McLbnan, Mayor On. 26.1 OrFER TO our fpgnr4br 1110 br T)m Inv. SI.m Her A..mintinn Cunrnl dul. M, I may/ I ADDITIONAL PROVISIONS The Ieregoing oNe, ;s object to the loll..in, further cond;l;ona and prod.lonp 10. STATUS QUO MAINTAINED. Said real eslatt land any personal properly conbaded for) as of data of this oNer, . d ' its prayers condition will r be preened and delivered intact 1 the time poesG.n is given. Except. however. ;a Cale of Ion or destruction al pen or II of said premises bom came[ covered by Itss insurance thereon, Buyer give to accept such insurance recovery (proceeds to be applied as the interests of the parties appear) ;n lieu of that pad of the damped or destroyed i provemeen.d Seller shell not be required to repair or replace same. Buyer shall thveupoa complete IM nt co (net and eeeepl the prop.M• (See paragraphs / ..it 20.1 11. DEM. Upon payment of purchase price. Sullen shall convey title by veer ty dead, with toms and proddone as Per loan approved by the Iowa Slate Bar Mmcielion, tree and dear of tient and incumbrances, rnerrations. aceptom/or. modifications .,.of n in this dreamers otherwise apre"ly provided. All wed.0, shall extend to lime of osept..c. of this oNer, rilA special .amnlm as to acts of Seller up to U..1 unit,., pt. dead. Sellers shall convey merchantable title. O. FOR THE SELLERS: JOIN{ TENANCY IN PROCEEDS AND IN SECURITY RIGHTS IN RUL ESTATE. II, and my if, the Sellers, immediately pr - «ding this oHer, hold the title to the above described property in joint tenancy. and such joint sentence s net star dayl,epd by oF1esalion of taw or ter <h of the Seller 11) then the procees of this sale^ and any conl;nuing and/or captured rights of Seller set Cal del. shall b and conlinu. Sn Sell.. es joins lens ts with rights of surv;vonhip and of s letters, in enmmon; ends 171 Bur.,,. n IAa eyeni 1 Ib death of wither Seller y e. to Gay any balance of the oteeds f this sole to she mniyinp Seller end so escape deed Isom such ,riving Sell cons;danl rilA pmpdph 11, above; unleu end except this para aph 17 is ,,:ale from this agreement. W/s. "SELEERS." Se se, if not a titleholder immediately preterit, this ....meet, shell be pr sea d to here.... led this instrument only for the purpose of relin.uishimg All lits .1 da.er, bomnlead and di,fdbulive Shen end/or in wmpl;ence with p1t;.n 561.17 I.CA.; and the me of the cord "Sell. en' m IAa printed parlion of is eanldet. without mare, shill not rebut such pdsump" " nor 7,.y enlarge or edend the Praiom inluayt of such spouse ;nardpropeM or in Its ale pr.cees Ihere0l, nor band such spovu incept es alamu;d,rterms and p,ovW..q el Ihn consnd. It. TIME IS OF THE ESSEN . Time is of the essence ;n this Agreement. IS. REMEDIES OF THE PARTIES FORFEITURE — FORECLOSURE — REAL ESTATE CO NS, ([) II Buyers Hit to fulfill IAthism e a eent. m the Sellers a, furl ds the Came I pmr;d in the Cade of Iowa, and all pa,m its made hereunder shell be forfeited. Te she ,lens in am.u1 of ... red amt, c, fries owing be paid ter the Soft., to the person "tilled, in lull discharge of Sellers' g (b) It Seller, Isil to fulfill Its;, agree nt, they Ball nevertheless per the the Buyers shell have the right to her. el their pasted, made henorde, re including atemt;sm to the and r,ei d;e,. Budin and Seller, etch ,hell 6 e y en r pay cost, end artery,,) 16. EQUITY. If Buyers assume .r lata subject to Ile. on this prooeM. o` or R,Ilor, shall furnish, Buyer .ills a alatement, or d [meet . I. writing IMm 1 or bdenm. 17. 11 this ;mlmment ;, to be followed bT or to b Olfcid Form of Iha lois Stab lar Auou.... new in el 11. ALLOCATION OF VALUE OF ASSETS, Buren end but teilara to each as agreement shad not in err manner H. APPROVAL OF COUNT. If this property S, on .,It dared unnecessb ary IAa Buren' aHornry. II .ceu... IA for Court approrel. In that .yens the Court Ol6c.e, Deed M. INSURANCE POLICIES. If Boren is ... be,. on ;Intell tornado insurance, with extended coverage, for the bene0) 1 , rhicAera may b tau. lA. PW. diss EI. CONTRACT BINDING ON SUCCESSORS IN NEVI II. Words aid phrase Aerate, including .ray . no.bd, or ...res gander, acr&,, to Its contest. Seller account of this ".."c';on all payments made hereunder ,hell iget.o for such comm;";... g eel estate commission, it env be due, to the person entitled, but 7d to them. anlllled to any and ell if., re die,, or eifon al law or in rouge, and a rave, mer be e.cdnted. holder nP such Nean e or ts of erns Await,, hold.,, correthe ct ad .Olh d balm.. Dissect by aY Tmlallmenl eel fIota <attract, [emu [hall be , per term[ and provision of the d, but coo/,formable to Ihi, instrument. n the coopereh to meta a reasonable allocation of values for the mets herein purchased; del i invaNdate this contract or its pedormance. of o oestate, trust or puerd;smirip, this contract [hell be [ubied to Court epprenil, ..I., d.. app, list fiduciary [hell proceed promptly end dlligoll, to bring the ...Hay on for Mewing I11 b. ed.) eel sorbs 1, whey [hall, at Their own expense, after possession. $op I. died firs, .;.d,lo,m .rad I the Radio hereto, in an amount of In[ then the uap.;d bit ma of its pllydnu prig, or ,Adl•b daily .d to Iha 5ellm. (See also p ... graph, a end 10.) R. This coolrac [hell apple to and bind the ,[[er.n in Wants of the A,p.d;I, part;.[. ural bona(, [hall confined as ;n the singular or plural number, and as ..,tali.., laminin. 27, OTHER PROVISIONS. (Pedestal Proped I ITermif ImpecNon7) \ (a) Construction of arking areas shall ordinances oftj e City of Io1aa City. (b) This offer is ubject, in addition t compliance by seller with all.applic regarding its disposition of real es be in conformity with the acceptance by seller, to le statutes and ordinances pora.roph ed S7 i, us, end o /ar if city situation c made b printed, per....ph, 10 to 77 lacf.,I, offer than Sha Inaedbn of Me amount .f In111 as.. In paragraph p, sign bolo., as requlred in paragraph 7 abe,..) CTTY nr R' I' Y JOHNSON COUNTY, 101VA By: z By. Mrs., SELLERS John/McDonald, Mayor Harold Donnelly, Chairperson BUYERS ,- Board of Supervisors Sellers' Address Buyers' Address an. she. . r..a STATE OF IOWA. — COUNTY, n: On IA;• d, of , A. D. 19—, before me, she undenigned, • Notary public in .,it for said C ... is and SMI,, ren.nal4 aoeeaed ,o me Iron t1 be the ;deat;id pension named in end to e,etuted the wdrhin and rerpo'na Instrument •'O°er 1. Bur Reel Estate end Acceptance" in its fit•rrr and >,Ino,ledged that rhes eretuted the "me e, rhe:, relrnrarr air antl deed. 'See Code SI III) . ... ........_ ............................ Noses, Public ;,Aid for ,old Coualr end Slate. .Opllsinel p aridors m; (a) Buyeunderstand IMI there. it a mortgage of record with present b lama of approximately S p ... bb 1. which mortgage n le be timely pard by Sellen, BbIt Bowen before paying _% on the principal or total price of this sets; A.11 $.it or ndpn Iheii interest in this nfimmenl, or in the red estate therein daserllwd, withers the .riven tomeal of Seller., which convent shall not be .....sane his heSha hot. amount due herrn, at the option of Seller., that[ immedieldy become due and payable• Ie.Yeal: If such .n asuleniinp gibes. is fired. confider .Ae they you have nested to proceed by foredosura rather then by forfeiture.) it) Buren .ill pweMu teller misting imuunu moo Deed in a.mband p.,.graph e, above, and pay pro ria ter the unaypmd p.n;.. o old polio.., as of and .Iteb r data of per. I... RESOLUTION NO. 84- X " RESOLUTION AUTHORIZING MAYOR AND CITY CLERK TO 00 EXECUTE AN OFFER TO BUY REAL ESTATE AND ACCEPTANCE ` AGREEMENT FOR THE SALE BY THE CITY OF IOWA CITY, IOWA OF ELM GROVE PARK TO JOHNSON COUNTY, IOWA WHEREAS, the City of Iowa City wishes to sell a tract of land known as Elm Grove Park; and WHEREAS, Johnson County, Iowa, wishes to purchase the said Elm Grove Park and has submitted an Offer to Buy Real Estate and Acceptance Agreement to the City for the purchase of same for the sum of $200,000.00; and WHEREAS, the City Council deems it to be in the public interest to accept said Offer from Johnson County, Iowa, and to convey the property subject to the statutory procedure governing the sale of city -owned property,Q�yb. -Co 5ET i=' -R FveL.(L HEA4)C TIC NOW, THEREFORE, BE IT RESOLVEDOBYI,THE CITY COUNCIL6u u vLY 17,(L( OF IOWA CITY, IOWA: that the Mayor is authorized to sign and the City Clerk to attest the Offer to Buy Real Estate and Acceptance Agreement submitted by Johnson County, Iowa. It was moved by and seconded by the Resolution be adopted, and upon ro c�>lere were: AYES: NAYS: ABSENT: _ Ambrisco _ Baker _ Dickson _ Erdahl _ McDonald _ Strait _ Zuber Passed and approved this day of MAYOR ATTEST: CITY CLERK , 1984. 1x61 L RESOLUTION N0. 84-184 RESOLUTION ESTABLISHING SALARY FOR FY85 FOR CITY CLERK AND CITY ATTORNEY WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel, NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation except as otherwise provided by law, and where said officer or employee shall receive or collect any fees or other compensation from others for services as such officer and employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED by the City Council of the City of Iowa City, Iowa, that the following salaries are hereby established for the following persons effective July 1, 1984: City Clerk $24,148.80 City Attorney $50.00 hourly for all legal work, except litigation $55.00 hourly for litigation It was moved by Zuber and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco Baker —7� Dickson Erdahl McDonald — - Strait —R— Zuber Passed and approved this 3rd day of July, 1984. D R ATTEST: C CI IY ERCL K Recgly� i Approved By Thi Igf6d D. rhnsot b is A4- 042