HomeMy WebLinkAbout1983-09-13 Resolutiona
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RESOLUTION NO. 63-291
RESOLUTION CONTRACT, PUBLIC
HEARING OF
THE CAMP
DIRECTING CITY CLERK TIRECTING
O PUBLISH NOTETC OFONAFILEEFORNPUBLIC IG, AND DNSPECTION.
CITY ENGINEER TO PLACE SAID PLANS,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That a public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction o19theabove-nat amed mproject
is to be
held on the 27th day of Seotember
Chambers, Civic Center, Iowa City, Iowa.
2. That the City Clerk is hereby authorized and directed to publish notice
of the public hearing for the construction of the above-named project in a
g a
city, not less than least
noremorekthanntwentyn(20)9daysacirculation
beforesaid hearing•
3. That the plans, specifications, form of contract, and estimate of cost
for the construction of the above named project are hereby ordered placed on
file by the City Engineer in the office of the City Clerk for public inspection.
It was moved by Dickson and seconded by T6mch that the
resolution as read be a opt ,, an upon roll call there were:
AYES. NAYS: ABSENT:
x Balmer
X Dickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 13th day of September 19 83
ATTEST: 2 -e -�. )
�rd6ClCI ULERK
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Rocolved & Approved
�By Tho'Loyal Department
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"City of Iowa Cites
MEMORANDUM
Date: September 8, 1983
To: Mayor and Members of the City Council
From: Richard J. Boyle, Assistant City Attorney lOr
Re: Conveyance of Vacated Portion of Lucas Street
By Ordinance No. 83-3121, the City Council vacated a portion of Lucas
Street lying north of Page Street, and south of the Rock Island Railroad
right-of-way. By Resolution No. 83-175, the Concil approved execution of
an Agreement with the Williams Group (Don E. Williams, Gregory J. Downes,
Ralph J. Neuzil, and Dale Sanderson) for relocation of a storm sewer from
private property onto an easement to be given by the Williams Group. (A
copy of the Agreement is attached.) In exchange for the easement and
sewer relocation work to be done by the Williams Group, the City agreed to
convey the vacated portion of Lucas Street to the Williams Group upon
completion of that work, and to receive as a cash payment the difference,
if any, between the appraised value of the land and the cost of the
relocation work. (Agreement, par. 6)
The easement was conveyed to the City in June, and the sewer relocation
work has been completed, at a cost to the Williams Group at $5,051.74.
The land has been appraised at a value of $3,500, and the City's appraisal
and, abstracting costs have totaled approximately $800, so there will be no
amount due the City since the Williams Group's costs exceed the.value of
the land plus out-of-pocket costs incurred by the City. As provided in
paragraph 7 of the Agreement, the City is not obligated to pay any money
to the Williams Group. Under the terms of the Agreement, the City is now
obligated to convey the vacated street to the Williams Group.
The public hearing is required under the Iowa Code, and it should be
followed by approval of the attached resolution authorizing the Mayor and
City Clerk to execute a quit claim deed conveying the land.
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AGREEMENT
This Agreement between the City of Iowa City (hereinafter referred to as "City")
and Don E. Williams, Gregory J. Downes, Ralph L. Neuzil and Dale Sanderson
(hereinafter referred to as the "Williams Group")
WITNESSETH
WHEREAS, the Williams Group recently purchased from the Chicago, Rock Island &
Pacific Railroad Company (hereinafter referred to as the "Railroad") certain
property bounded by South Dodge Street, Page Street, Lucas Street, and the
right-of-way of the Railroad; and
WHEREAS, the property owned by the Williams Group includes Lots 2 through 9,
Block 4, Page's Addition to Iowa City; and
WHEREAS, in conjunction with rebuilding of the Dodge Street Bridge in the late
1960's, City acquired from the Railroad a 130 foot wide easement which includes
all of Lot 9 and a small part of Lot B,.Block 4, Page's Addition to Iowa City;
and
WHEREAS, during such bridge reconstruction, City installed storm sewer lines and
appurtenances on its easement, but also installed two sewer lines across said
lot 8, outside of the easement area granted by the Railroad; and
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WHEREAS, there is no record that the Railroad granted to City an easement for
the property on which City installed the sewer lines across said Lot 8; and
WHEREAS, the Williams Group has requested that the City remove the sewer lines
from said Lot 8; and
WHEREAS, City appears to have no legal right to maintain those sewer lines on
said Lot 8; and
j WHEREAS, City no longer uses the portion of Lucas Street north of Page Street
which abuts Lot 2, Block 4, Page's Addition to Iowa City, and has initiated
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proceedings to vacate said property in accordance with the requirements of Iowa
law; and
1 WHEREAS t W'
he illiams Group is interested in acquiring said portion of Lucas
Street; and
WHEREAS, the parties desire to resolve the sewer removal problem in an amicable
manner.
NOW, THEREFORE, in consideration of the premises and the mutual covenants and
agreements stated below, the parties agree as follows:
1. City agrees to obtain an appraisal of the fair market value (hereinafter
referred to as the "value") of the portion of Lucas Street which it no
longer uses, such appraisal to be made by a qualified appraiser.
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2. City also agrees that it will procure an up to date abstract of title for
said portion of Lucas Street.
3. The Williams Group agrees that its engineer will, in consultation with the
City Engineer of Iowa City, prepare plans to move the sewer lines located
on said Lot 8. Such sewer lines are to be relocated along property lines or
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onto the easment already owned by the City, in such a manner that they will
not interfere with the Williams Group's use of said Lot 8.
The Williams Group agrees that it will,
a. At its sole cost and expense, move the sewer lines presently located
on said Lot 8 in conformity with plans agreed upon as described in
paragraph 3, above.
b. — Ifthe sewer lines are relocated on property owned by the Williams
Group, the Williams Group will grant to the City a 10 foot wide
easement, in the form of the Easement Agreement attached hereto as
Exhibit A, for said storm sewer lines and appurtenances.
In exchange for the easement or easements, and for moving the sewer lines,
all as. described in paragraph 4, above, City will vacate the aforesaid
portion of Lucas Street and will transfer and convey to the Williams Group,
by quit claim deed, all of its right, title, and interest in and to said
vacated portion of Lucas Street.
If the value of the vacated portion of Lucas Street plus the City's out-of-
pocket appraisal and abstracting costs, exeeds the actual out-of-pocket
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onto the easment already owned by the City, in such a manner that they will
not interfere with the Williams Group's use of said Lot 8.
The Williams Group agrees that it will,
a. At its sole cost and expense, move the sewer lines presently located
on said Lot 8 in conformity with plans agreed upon as described in
paragraph 3, above.
b. — Ifthe sewer lines are relocated on property owned by the Williams
Group, the Williams Group will grant to the City a 10 foot wide
easement, in the form of the Easement Agreement attached hereto as
Exhibit A, for said storm sewer lines and appurtenances.
In exchange for the easement or easements, and for moving the sewer lines,
all as. described in paragraph 4, above, City will vacate the aforesaid
portion of Lucas Street and will transfer and convey to the Williams Group,
by quit claim deed, all of its right, title, and interest in and to said
vacated portion of Lucas Street.
If the value of the vacated portion of Lucas Street plus the City's out-of-
pocket appraisal and abstracting costs, exeeds the actual out-of-pocket
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costs of moving said sewer lines and for the engineering services provided
by its engineer as described in paragraph 3, above (said moving and
engineering costs are hereinafter referred to as the "sewer moving costs")
the Williams Group shall pay the difference to the City at the time of the
conveyance to it of the vacated portion of Lucas Street, and the conveyance
by the Williams Group of the easement or easements described in paragraph
4b above.
7. If the sewer moving costs exceed the value of the vacated portion of Lucas
Street, plus the City's out-of-pocket appraisal and abstracting costs, the
convey the above-described easements
Williams Group shall, nevertheless,
to the City, and the City shall convey the vacated portion on Lucas Street
to the Williams Group, but City shall not be obligated to pay any money to
the Williams Group. The parties agree that the conveyances and sewer
moving described above shall be done as soon as reasonably practical
following the date of approval of this agreement by the City Council of
Iowa City.
Each party shall bear its own attorney's fees and expenses.
IN WITNESS WHEREOF, parties hereto have caused this agreement to be executed on
this 7th day of _. ,lune - , 1983.
CITY OF IOWA CITY
THE /WItL- AMS GROUP
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THE /WItL- AMS GROUP
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Mary C. Neuhauser, Mayor
Marian -K. Karr, City Clerk
5 !`l
Don E. Williams
egory J w s �'J✓/I
Ralph L. Neural '
Ab
alu a Sanderson
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STORK SEWER EASEMENT �I
THIS AGREEMENT, made and entered Into by and between Dan E. Williams,
Gregory J. Downes, Ralph L. Neuzil and Dale Sanderson and their respective q
spouses (the "Williams Group") jointly and severally, which expression
shall include their heirs, personal representatives, successors in
interest and assigns, and the City of Iowa City, Iowa (the City), which
expression shall Include its successors In interest and assigns.
WITNESSETH:
It Is hereby agreed as follows:
For the sum of $1.00 plus other valuable consideration, the receipt of
which is hereby acknowledged, the Wtllims Group hereby grants and conveys
to the City an easement for the purposes of excavating for and the
Installation, replacement, maintenance and use of such store $swage
lines, pipes, mains, and conduits as the City shall from time to time
elethe user Inonconnecti connection with with
said pipes lines, together liances nttins for
withadequate
protection therefor, and also a right-of-way, with the right of ingress
and whichgress thero, over and is attached hereto and hereby incorporated herein on the roertiby bereference. in A,
The Williams Group further grants to the City:
1. The rightof grading said strip for the full width thereof and to
extend the cuts and fills for such grading into and an said lands
along and outside of the said line to such extent as the City may
find reasonably necessary.
2. The right from time to time to trim and to cut down and clear away any
---- and all trios and brush on said strip and to trim and to cut down and
clear away any trees on either side of said strip which now or
hereafter 1n Cha.oDinlon of Lt ty may be a hazard to said linos or may
interfere with the exercise of City's rights hereunder in any manner. 1 _
3. City shall indemnify the Williams Group against any loss or damage
which shall be caused by the exercise of said Ingress and egress,
construction, and maintenance or any wrongful or negligent act,
mission of City or of its agents and employees in the course of i
their employment.
4. The Williams Group reserves the right to use said strips for purposes i
which will not interfere with City's full enjoyment of the rights .
hereby granted; provided that the Williams Group shall not erect or
construct any building or other structure, or drill or -operate any
Well, or construct any reservoir or other obstruction an said area,
or diminish or substantially add to thi ground cover over said pipe
lines.
ith
that iis
S. seized and Possessed of the hereby
vestatewaboveidescrib dos lawfully
The that ha
a good and lawful right to convey it, or any part hereof.
6. The provisions hereof shall inure -to the benefit of and bind theand i.
reof the
espective partiesehereto, andersonal V1,covenantsr shall applygns to and run
With the land.
Dated this 7th day of Jtm E' , 1993•
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THE ILLIARS GROUP
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mel a M. Neux ,
_ �na
' e Sanderson re oas
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Jgdet B. Sanderson erlt MwnesJ
CITY OF IOWA CITY/, IOWA
By: ill aJl 9AP I I nIL.A0
ay�orr '
ATTEST:
ty er
STATE OF IOWA, 55:
JOHNSON COUNTY,
On this --day of- 1983, before me, the undersigned, a Notary
Public in an or the StateIowa, personally appeared Don E. Williams and Joan M.
Williams, husband and wife; Gregory J. Downes and Teri J. Downes, husband and wife;.
and Ralph L. Neuzil and Arlene M. Neuzil, husband and wife, to me personally, known to
be the identical persons named in and who executed the foregoing instrument, and
acknowledged that they executed the same as their voluntary act and deed.
ale E. �
e Sanderson, Notary 'u cn an �or'�e
State of Iowa.
STATE OF IOWA, SS:
JOHNSON COUNTY,
On this gLV'd m of , 1983, before me, the undersigned, a Notary Public
In and for the State of owa, ersonally appeared Dale Sanderson and Janet B. Sanderson,
husband and wife, to me known to be the identical persons named in and who executed the
foregoing instrument, and acknowledged that:they executedthe same as: their voluntary
act and deed. _
xalpn L: HUM, Notary Public in and for the State
of Iowa.
State of Iowa, SS:
Johnson County,
On this 47}Hay of ,1983, before me, the undersigned, a Notary
Public 1n ann or the State of Iowa, personally appeared Mary C. ft U4ayser -
and 'iarian K. KarrMayor and City Clerk respect ve y, Or the LICYo
Iowa LIV, Lowa, 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 City Clerk and Mayor acknowledged the execution of said corporation, by it
and by them voluntarily executed.
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Exhibit A
STORM SEWER EASEMENT
Ten.root wide storm sewer easement on Lots 6 and 7 or a Replat or a portion oC
Block 4, Page's Addition to Iowa City, Iowa and which centerline is described
as follows:
Commencing at the Southeast Corner or Lot 2 or Block 4, Page's Addition, Iowa
City, Iowa in.accordance with the recorded plat thereof and which point 13 also
the intersection of the Westerly Right -of -Way line of Lucas Street and the
Northerly Right-of-W&Y line or Page Street; Thence N88045'18"W, (Assumed bearing)
353.52 feet along the Northerly Right -or -Way line or Page
age Street to the Point or
Beginning or said Centerline; Thence N7044'27"W, 109.83 feet along the Center-
line Of said easement; Thence N71056116"W, 29.00 reet along the Centerline of
said easement; Thence N6*18'01"E, 44.05 feet to the North line or Loot 7 . of the
Replat or a portion of Block 4, Page's Addition, Iowa City,Icywa.
Also commencing at the Southeast Corner or said Lot 2 of Block 4, Page's Addition,
Iowa City, Iowa; Thence N88045118"W, (Assumed Bearing) 353.52 feet along.the
Northerly Right -or -way line or Page Street; Thence N7044127*W, 109.83 feet;
Thence N71056'16"W, 29.00 feet to the Point or Beginning; Thence S38050'12"W,
15.74 feet along the Centerline or a moo root wide storm sewer easement to 3
point that is 65.00 feet normally J!stant Southeasterly from the Centerline Or
Dodge Street.
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RESOLUTION N0. _
RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED PORTION OF
LUCAS STREET NORTH OF PAGE STREET.
WHEREAS, the City of Iowa City, Iowa, entered into an Agreement with the
Williams Group for relocation of a storm sewer and conveyance of the
vacated portion of Lucas Street, and
WHEREAS, the parties to that Agreement have fulfilled their obligations
thereunder, and the City is now obligated to convey the vacated portion of
Lucas Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
I. That the Mayor and City Clerk are hereby authorized and directed to
execute a quit claim deed conveying the vacated portion of Lucas
Street to the Williams Group.
It was moved by and seconded by
the Resolution be adopted; and upon.roll call there were:
AYES: NAYS: ABSENT:
Balmer
Dickson
Erdahl
Lynch
McDonald
-- Neuhauser
Perret
Passed.and approved this _ day of
ATTEST:
CITY CLERK
0
MAYOR
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RESOLUTION N0. _
RESOLUTION AUTHORIZING CONVEYANCE OF THE VACATED PORTION OF
LUCAS STREET NORTH OF PAGE STREET.
WHEREAS, the City of Iowa City, Iowa, entered into an Agreement with the
Williams Group for relocation of a storm sewer and conveyance of the
vacated portion of Lucas Street, and
WHEREAS, the parties to that Agreement have fulfilled their obligations
thereunder, and the City is now obligated to convey the vacated portion of
Lucas Street.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL:
I. That the Mayor and City Clerk are hereby authorized and directed to
execute a quit claim deed conveying the vacated portion of Lucas
Street to the Williams Group.
It was moved by and seconded by
the Resolution be adopted; and upon.roll call there were:
AYES: NAYS: ABSENT:
Balmer
Dickson
Erdahl
Lynch
McDonald
-- Neuhauser
Perret
Passed.and approved this _ day of
ATTEST:
CITY CLERK
0
MAYOR
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RESOLUTION N0. 83-292
RESOLUTION ACCEPTING THE WORK FOR
THE BENTON STREET BRIDGE REPAIR
PROJECT.
WHEREAS, the Engineering Division has recommended that the improvements
covering the Benton Street Bridge Repair Project
as incluaea in a conzracz oezween tine uitiy OT Iowa W zy ana Cramer orucners
Construction Com an of Des Moines, Iowa
dated une ,'be accepted, and
WHEREAS, maintenance bonds have been filed in the City Clerk's office,
NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa,
that said improvements be hereby accepted by the City of Iowa City, Iowa.
and seconded by Lynch
ed, and upon roll call there were:
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day of September , 1983
V
Received & Approved
By Tho Legal Department
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RESOLUTION NO. 83-293
RESOLUTION AUTHORIZING CONVEYANCE OF VACATED PORTIONS OF THE
RIGHT-OF-WAY OF SUNSET STREET AND A FRONTAGE ROAD BETWEEN
HIGHWAY 1 AND BRYN MAWR HEIGHTS PART 13.
WHEREAS, the City of Iowa City did vacate portions of the right-of-way of
Sunset Street and the frontage road between Highway 1 and Bryn Mawr
Heights Part 13, as legally described below:
Parcel 1: Commencing at the SW Corner of Section 16, T79N, R6W;
thence N880 -58§E, 40.5 feet; thence N440 -443.'E 136.2 feet to a
point on the northeasterly right of way line of Sunset Street
and the point of beginning; thence northwesterly along said
right of way line 124.7 feet on a 965.0 foot radius curve
concave northeasterly; thence along said right of way line,
N44° -59'W, 69.0 feet to a point on the southeasterly right of
way line of Ashley Drive; thence N44°-33 3/4'E, 10.00 feet along
the southeasterly line of Ashley Drive; thence S471 -234'E,
193.6 feet; thence S44°-44�'W 10.1 feet to the point of
beginning. Said tract containing 2,387 square feet more or
less.
Parcel 2: Commencing at a concrete monument which is the
southwest corner of Section 16, T79N, R6W, of the 5th P.M., Iowa
City, Iowa, and the point of beginning; thence N2° -36'•10"E,
33.0 feet along the easterly line of -lot 18, Bryn Mawr Heights
Addition Part Thirteen; thence N33' -07'-40"E, 67.3 feet along
said easterly lot line to a point on the westerly right of way
line of Sunset Street; thence southeasterly 15.38 feet along
the westerly line of Sunset Street and a 1035.0 foot radius
curve concave northeasterly; thence S220 -341-06"W, 16.94 feet;
thence S34° -56'-00"W, 15.80 feet; thence southerly 40.40 feet
along a 70.5 foot radius curve concave southeasterly; thence
S20 -06'-0011W, 12.75 feet; thence N88° -58'-20"W, 20.78 feet to
the point of beginning. Said tract containing 1767 square feet
more or less.
WHEREAS, the City Council has held two public hearings on August 30 and
September 13, 1983, and published notice thereof, to elicit bids for said
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vacated right-of-way and to establish the market value for same; and
WHEREAS, a single purchase offer has been received for said property from
j Bryn Mawr Heights Development Company of $10 for both parcels, with
easements to be granted over the entirety of both parcels; and
WHEREAS, Bryn Mawr Heights Development Company is the only adjacent
property owner to said vacated right-of-way.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY:
1. That the City agrees to convey the vacated portions of the right-of-
way of Sunset Street and the frontage road between Highway 1 and Bryn
Mawr Heights Part 13 described herein to Bryn Mawr Heights
Development Company for $10 and the provision of a storm sewer
easement over the entirety of the Sunset Street parcel and a sanitary
sewer, gas and electric easement over the entirety of the frontage
road parcel.
2. That the Mayor is authorized to sign and the City Clerk to attest a
quit claim deed conveying said right-of-way to Bryn Mawr Heights
Development Company.
It was moved byBalmer and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Balmer
Dickson
Erdahl
Lynch
McDonald
Neuhauser
Perret
CITY CLERK
Received 6 APPIoved
6y She legal Departtne�=
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RESOLUTION NO. 83-294
RESOLUTION ADOPTING THE PREFERRED ALIGNMENT OF FOSTER ROAD BETWEEN
DUBUQUE STREET AND OLD DUBUQUE ROAD.
WHEREAS, the City Council of Iowa City has agreed that a roadway should be
provided between Dubuque Street and Prairie du Chien Road south of I-80 and
north of Whiting Avenue for the future development of this area; and
WHEREAS, the City Council of Iowa City has agreed that a roadway should be
provided between Prairie du Chien and Old Dubuque Road north of Highway 1 and
south of I-80 for future development in that area; and
WHEREAS, these roadways should act as trafficways for the immediate
neighborhoods and should not provide a beltway across north Iowa City and
should, therefore, be sufficiently offset at their intersections with Prairie du
Chien Road; and
WHEREAS, these roadways have been referred to as "Foster Road"; and
WHEREAS, the construction of Foster Road will take place as development
dictates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That the alignment of Foster Road shall follow that shown on Exhibit A, B, and C.
It was moved by Balmer and seconded by Lynch the
Resolution be adopted, and upon roll Call there were:
AYES: NAYS: ABSENT:
X
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Dickson
X
Erdahl
X
Lynch
X
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X
Neuhauser
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RESOLUTION NO. 83-294
RESOLUTION ADOPTING THE PREFERRED ALIGNMENT OF FOSTER ROAD BETWEEN
DUBUQUE STREET AND OLD DUBUQUE ROAD.
WHEREAS, the City Council of Iowa City has agreed that a roadway should be
provided between Dubuque Street and Prairie du Chien Road south of I-80 and
north of Whiting Avenue for the future development of this area; and
WHEREAS, the City Council of Iowa City has agreed that a roadway should be
provided between Prairie du Chien and Old Dubuque Road north of Highway 1 and
south of I-80 for future development in that area; and
WHEREAS, these roadways should act as trafficways for the immediate
neighborhoods and should not provide a beltway across north Iowa City and
should, therefore, be sufficiently offset at their intersections with Prairie du
Chien Road; and
WHEREAS, these roadways have been referred to as "Foster Road"; and
WHEREAS, the construction of Foster Road will take place as development
dictates.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA:
That the alignment of Foster Road shall follow that shown on Exhibit A, B, and C.
It was moved by Balmer and seconded by Lynch the
Resolution be adopted, and upon roll Call there were:
AYES: NAYS: ABSENT:
X
Balmer
X
Dickson
X
Erdahl
X
Lynch
X
McDonald
X
Neuhauser
_
X Perret
Passed and approved this 13th day of September , 1983.
e
MAYOR
ATTEST: �YIA� J °Ka kl Rwelved & Approved
CITY CLERK
By The Legal D !parhnent
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RESOLUTION NO. 83-295 /
RESOLUTION OPENING DEDICATED STREET RIGHT-OF-WAY LOCATED SOUTH OF HAYWOOD
DRIVE FOR USE AS A PUBLIC STREET AND NAMING SAID STREET ANDOVER DRIVE.
WHEREAS, Haywood Bell of the Amerex Corporation has submitted a request to
open a previously unimproved section of dedicated right-of-way, which
right-of-way extends south from Haywood Drive 112'8"; and
WHEREAS, the Planning & Zoning Commission has examined the proposal to
open said right-of-way for use as a public street and has recommended
approval of same; and
WHEREAS, the applicant has proposed that said public street be named
Andover Drive; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
1. That the existing dedicated street right-of-way extending south
112'8" from Haywood Drive is hereby open for use as a public street,
provided that said street will be constructed in accordance with the
approved design standards for public works improvements.
2. That said street is hereby named Andover Drive.
It was moved by McDonald and seconded by Balmer
the Resolution be adopted, and upon roll call there were:
i
AYES: NAYS: ABSENT: I
X Balmer
X Dickson 1
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 13th day of Se9tenber 1983.
MAYOR
ATTEST: PIL24,t_4. ei -1S • -'r&A- )
CITY CLERK Received & Approved
By The Legal Department
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City of Iowa Cit`
MEMORANDUM
Date: August 26, 1983
To: Planning & Zoning Commission /
From: Bruce A. Knight, Planner �
Re: Requested Street Opening/ '
A request was submitted to the City Council by Haywood Bell of the Amerex
Corporation to open a dedicated street right-of-way which has never been
improved for street purposes. This request was subsequently referred to
the Planning & Zoning Commission for review and recommendation. The
requested action is necessitated by a legal opinion (see attached memo)
which resulted from a Board of Adjustment case early this year. In
summary, the memo states that City Council approval is required to open
dedicated right-of-way.
In the case in question, the right-of-way was dedicated to the county and
came under city jurisdiction upon the annexation of this area. It does
not appear that opening the right-of-way will result in any problems for
the City or surrounding property owners and staff would therefore
recommend that the right-of-way opening be approved.
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'City of Iowa Cit,
Date: February 11, 1983
To: Iowa City Board of Adjustment
From: Richard J. Boyle 116 -
Re: Appeal of Casey Mahon (No. V-8303):
Opening of Streets and Alleys
Mike Furman has obtained a building permit for an eleven unit apartment
house on property at 204 McLean Street in Iowa City. Among other things,
the plot plan submitted with the building permit application shows that
all required parking would be located in the rear of the property with
access via a platted and dedicated, but unopened alley. The land upon
which the alley is to be located is, in part, a ravine. It is my
understanding that the builder intends to fill the ravine to the extent
necessary to provide access to the property in question.
Casey Mahon, a neighbor, has appealed the issuance of the building permit
and has alleged, among other things, that the required parking is, in
fact, inaccessible because the alley is a ravine. That contention raises
the following issue:
ISSUE
May an abutting property owner "open" a platted and dedicated alley
without City Council authorization?
CONCLUSION
City Council approval is required before a dedicated alley may be opened.
DISCUSSION
Iowa Code (1981) section 364.12 provides, in part, as follows:
"(2) A city is responsible for the care, supervision, and controlof
public grounds, streets, sidewalks, alleys, bridges, culverts...;
and the city shall keep all public ways open, in repair, and free
from nuisance...."
Iowa Code section 364.2(1) provides that the power of a city is vested in
its city council except as otherwise provided by law. Section 364.3(1)
provides that a city council shall exercise a power only by the passage of
a motion, a resolution, an amendment, or an ordinance.
A city has plenary power to open, widen and keep open and free from
obstruction, all streets and alleys. Vien v. Harrison County, 209 Iowa
580, 228 N.W. 19. That power to open streets is dTscretionary, and a city.
is under no duty to open a street unless the proper body regards it as
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necessary. Tott v. Sioux City, 261 Iowa 677, 155 N.W.2d 502, 505. In that
case, the court said at p7_50-5):
A city may "establish" or "lay off" streets or accept a dedication of
streets to the public without being required to open them to the
public upon request. Cities must be able to intelligently plan their
streets for future needs. Plats may be necessary long before public
need demands the opening of a street. "We have said repeatedly that
many streets in new plats were dedicated with no serious thought of
their immediate improvement or extensive use, but largely to
accommodate future needs." ...The city council has just as much
discretion in determining whether public necessity requires that a
street be opened as it does in exercising any of the other enumerated
powers.
In response to a contention that abutting property owners have a special
right in a street, the court said (at p. 506):
"This is true where a street has been opened and used.... No special
rights are acquired until the street. has been opened and used by the
property owner."
Stom V. C of Council Bluffs, 189 N.W.2d 522 (Iowa) was an eminent
domain case involving plaintiff's claim for damages for loss of access
caused by street improvements which cut off all access to plaintiff's
property. The improvement cut off his use of an unimproved but dedicated
street. The court (at p. 526) noted that the question was not the same as
that presented in the Tott case, although some language in Stom may be
inconsistent with language in Tott.
The specific question involved in this matter is, however, somewhat
different because the property owner intends to do the improvement (i.e.,
the opening). There do not seem to be any Iowa cases on this point.
However, McQuillen, in sec. 30.57, says:
"Abutters have no right, without municipal authority, to change the
grade of a street, notwithstanding the fact that the street is
thereby widened and made more suitable for travel."
That statement appears to be consistent with the general rule that cities
have plenary power with respect to the opening, widening and keeping open
streets. In the instant matter, filling the ravine would clearly change
the grade of the alley.
. MICR
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RLOVED AUG 1 1983
To City Council:
We are in the process of planning a new 27 unit apartment building
southwest of the cul-de-sac at the west end of Haywood Drive. In order to pro-
vide vehicular access to the parking area we request that the council open up
11218" of the new street south of Haywood Drive. This new street will be
constructed 251-0" wide to match the width of Haywood Drive in accordance with
the design standards for public works improvements. We would also like for the
council to officially name this new street "Andover Drive".
This new street will also tie into an existing parking lot and provide
better vehicular ciriculation from and to an existing parking lot.
Your prompt action to these requests will be appreciated.
Ra d Belle
Amerex Corporation
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;OLUTION NO. 83-297 '
RESOLUTION AUTHORIZING FILING OF NOTICE OF INTENTION TO ACCEPT URBAN
RENEWAL REDEVELOPMENT PROPOSAL (HOTEL)
WHEREAS, the City of Iowa City has solicited bids for the construction of a hotel
on Block 64 and adjacent property in downtown Iowa City, and,
WHEREAS, the City has received a proposal from a predecessor in interest of Mid -
City Hotel Associates - Iowa City, a sole proprietorship, owned by Dr. Harry A.
Johnson, Jr., which proposal is now with the City's approval being made under the
name of Mid -City Hotel Associates - Iowa City, and,
WHEREAS, the City and the redeveloper, Mid -City Hotel Associates - Iowa City, have
reached tentative agreement on the terms of the redevelopment contract, a copy of
which is attached, and,
WHEREAS, pursuant to Section 403.8 of the Code of Iowa the City wishes to file a
notice of its intention to accept the redevelopment proposal by Mid -City Hotel
Associates - Iowa City.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. That the City Manager be and he is hereby directed to file with the City Clerk
a copy of the attached contract, which contract as well as this resolution
shall serve as a notification of the City's intention to accept the
redevelopment proposal of Mid -City Hotel Associates - Iowa City, all as set
out in the attached redevelopment contract. This notification is pursuant to
the provisions of Section 403.8(2) of the Code of Iowa.
2. That following 30 days from the date of the adoption of this resolution and
its official filing with the City Clerk, the City intends to accept the
redevelopment proposal and execute the attached contract.
The City does, however, reserve the right to amend the attached contract if
circumstances make the same necessary.
It was moved by Lynch and seconded by nickcon that the
foregoing Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
_IL_
Balmer
x
Dickson
X
Erdahl
X
Lynch
X
McDonald
x
Neuhauser
X Perret
Passed and approved this 13th day of Sep miw , 1983.
ATTEST:4�
CI11y CLERK
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Part I
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
Mid -City Hotel Associates - Iowa City,
A Sole Proprietorship
and
The City of Iowa City, Iowa
for
Parcel 64-1b
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Part I
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CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
Mid -City Hotel Associates - Iowa City,
A Sole Proprietorship
and
The City of Iowa City, Iowa
for
Parcel 64-1b
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CONTRACT FOR
SALE OF LAND FOR PRIVATE DEVELOPMENT
AGREEMENT, consisting of this Part I and Part II annexed hereto and made a
part hereof (which Part I and Part II are together hereinafter called
"Agreement"), made on or as of the , by and
between the City of Iowa City, Iowa a public body corporate (which,
together with any successor public body or officer hereafter designated by
or pursuant to law, is hereinafter called the "City"), established
pursuant to the statutes of the State of Iowa pertaining to
Municipalities, Cities, Towns, and particularly Chapter 403 of the Code of
Iowa as amended (hereinafter called "Urban Renewal Act") and having its
office at the Civic Center in the City of Iowa City, State of Iowa, and
Mid -City Hotel Associates - Iowa City (a sole proprietorship, owned by Dr.
Harry A. Johnson, Jr.) (hereinafter called "Redeveloper") and having an
office for the transaction of business at Suite 213, 5217 Wayzata
Boulevard, St. Louis Park, Minnesota 55416. WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act, the
City has undertaken a program for the clearance and reconstruction or
rehabilitation of slum and blighted areas in the City, and in this
connection is engaged in carrying out an urban renewal project
(hereinafter called "Project") in an area (hereinafter called the
"Project Area") located in the City; and
WHEREAS, as of the date of this Agreement there has been prpeared and
approved by the City an urban renewal plan for the Project, consisting of
the Urban Renewal Plan, dated September 3, 1969, by Resolution No. 2157,
as amended from time to time and as it may hereafter be further amended
pursuant to law (as to constituted, is unless otherwise indicated by the
context, hereinafter called "Urban Renewal Plan"), and
WHEREAS, a copy of the Urban Renewal Plan as constituted on the date of
the Agreement has been recorded among the land records for the place in
which the Project Area is situated, namely, in the Office of the Johnson
County Recorder in Book 558, at page 40, and has been filed in the Office.
of the Clerk of the City located at the Civic Center in the City, and
WHEREAS, in order to enable the City to achieve the objectives of the
Urban Renewal Plan and particularly to make the land in the Project Area
available for redevelopment by private enterprise for redevelopment in
accordance with the Urban Renewal Plan, both the Federal Government and
the City have undertaken to provide and have provided substantial aid and
assistance through a Contract for Loan and'Lapital Grant dated September
2, 1970, in the case of the Federal Government; and
WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City has
offered to sell and the Redeveloper is willing to purchase certain real
property located in the Project Area and more particularly described in
Schedule A annexed hereto and made a part hereof (which property as so
described is hereinafter called "Property")
and to redevelop the Property
for and in accordance with the uses specified in the Urban Renewal Plan
and in accordance with the Agreement; and
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WHEREAS, the City believes that the redevelopment of the Property pursuant
to the Agreement, and the fulfillment generally of the Agreement, are in
the vital and best interests of the City and health, safety, morals, and
welfare of its residents, and in accord with the public purposes and
provisions of the applicable Federal, State, and local laws and require-
ments under which the Project has been undertaken; and
WHEREAS, the City has acquired title to certain property described in
Schedule A hereof;
NOW, THEREFORE, in consideration of the premises and the mutual obliga-
tions of the parties hereto, each of them does hereby covenant and agree
with the other as follows:
SECTION 1. SALE: PURCHASE PRICE
Subject to all terms, covenants, and conditions of the Agreement, the
City will sell the property described in Schedule A hereof to the
Redeveloper for, and the Redeveloper will purchase the property from
the City and pay therefor, the amount set forth 'in Schedule B hereof,
subject to the terms and conditions of Section 2 of this Agreement.
The amount set forth in Schedule B, hereinafter called "Purchase
i Price," is to be paid in cash or by certified check simultaneously
with the delivery of the deeds conveying the property to the
Redeveloper.
SECTION 2: CONVEYANCE OF PROPERTY
(a) Form of Deed. The City shall convey to the Redeveloper title to
the property by Special Warranty Deed (hereinafter called
"Deed"). Such conveyance and title shall, in addition to the
condition subsequently provided for in Section 704, Part II,
hereof, and to all other conditions, covenants, and
restrictions set forth or referred to elsewhere in the
Agreement be subject to:
(1) Such easements as it shall have been necessary, pursuant
to the Urban Renewal Plan, for the City to reserve, for
itself or for —future—dedication or grant, for sewers,
drains, water and gas distribution lines, electric,
telephone, and telegraph installations, rights-of-way and
access, or as described or referred to in Schedule A,
description of property, attached hereto and referenced as
a part hereof;
(2) All conditions, covenants and restrictions contained in
said Urban Renewal Plan and Part I and II of this Contract.
(b) Time and Place forDelivery of Deeds. The City shall deliver
the Deed and possession of the property to the Redeveloper upon
payment of the purchase price in full upon such dates as called
for in this Agreement. Conveyance shall be made at the
principal office of the City and the Redeveloper shall accept
such conveyance and pay to the City at such time and place the
purchase price in full for each parcel delivered.
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(c) Recording of Deeds. The Redeveloper shall promptly file the
Deed for recording among the land records of Johnson County,
Iowa. The Redeveloper shall pay all costs for so recording said
Deed. This Contract for Sale of Land for Private Redevelopment
shall also be recorded at the Johnson County Recorder's Office.
Upon recording of the Deed, the real property herein described
shall be deemed taxable real estate under Iowa property tax law.
Further, the Redeveloper shall be responsible for all such
property taxes from the date of recording of this contract of
Sale of Land for Private Redevelopment. In the event legal
title is not delivered to the Redeveloper, parties agree that
said taxes will be pro -rated between the Redeveloper and the
City between applicable date of possession and the date of
termination or expiration of this contract. Such contract
shall not be recorded until such time as all contingencies are
satisfied relative to financing.
(d) Delivery of the Abstract. The City will furnish to the
Redeveloper in advance of the closing on the parcel, an abstract
of title showing good marketable title in the City of Iowa City,
Iowa, free and clear of all taxes, assessments or other
encumbrances except as herein specified. The abstract of title
shall be at City expense and will be certified by a qualified
abstracting company to the close of business as the closest
practical date prior to the date of the deed of conveyance. The
cost of obtaining an attorney's examination of the abstract for
title opinion and/or the cost of obtaining title insurance, if
required, shall be at the expense of the Redeveloper.
(e) Delivery of Property. The City will deliver the property
described in Schedule A hereof at the time set forth in Schedule
C hereof. The Redeveloper agrees to pay for and accept title of
such property as called for in this Agreement and agrees to
begin development promptly on the property conveyed within the
time called for in this Agreement. Failure by the Redeveloper
to pay for and accept delivery of the urban renewal land as
called for herein will result in forfeiture of the deposits
posted with the City by the Redeveloper attributable to such
property, without limiting the City as to other remedies
against the Redeveloper. In the event the City is unable to
deliver the property as called for in Schedule C to the
Redeveloper, the Redeveloper shall have the option of
rescinding the development contract by causing a written notice
to be served upon the City of the,eAercise of such option. Upon
receipt by the City of this notice, the City shall have sixty
(60) days to cure the default by tendering the property covered
in the notice to the Redeveloper. If the City is unable to cure
the default within the sixty (60) days as provided herein, the
Redeveloper shall, at its option, stand relieved of its obliga-
tion to accept the parcel involved and the City shall, in such
event, promptly refund the Redeveloper's good faith deposit,
referred to in Section 3 hereof. It is expressly understood and
agreed that the City shall have no other liability, direct or
indirect, to the Redeveloper on account of delay or inability to
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deliver land to the Redeveloper as called for in this Agreement
and the Redeveloper's remedy in the event of default by the City
in delivery of urban renewal land is hereby specifically
limited to rescinding the contract as to such land as provided
in this paragraph.
(f) Default by Developer. In the event the Redeveloper fails to
accept delivery of and pay for the property described herein, as
called for in this Agreement, the City may, at its option, call
the entire Agreement in default, serve a proper notice of
forfeiture upon the Redeveloper, and terminate this Agreement
in its entirety.
(g) Condition Precedent to Conveyance. The City's obligation to
convey to the Redeveloper title to the property described
herein is subject to the condition precedent concerning
financing as set forth in Schedule C hereof.
SECTION 3. GOOD FAITH DEPOSIT
(a) Amount. The Redeveloper has, prior to or simultaneously with
the execution of the Agreement by the City, delivered to the
City a good faith deposit in the amount of Five Thousand Dollars
($5,000.00), a certified check satisfactory to the City in the
amount of Five Thousand Dollars ($5,000.00), hereinafter called
"Deposit," a security for the performance of the obligations of
the Redeveloper to be performed prior to the return of the
Deposit to the Redeveloper, or its retention by the City as
liquidated to the Redeveloper, or its retention by the City as j
liquidated damages, as the case may be, in accordance with the
Agreement.
The Deposit, certified check, shall be deposited in an account
of the City in a bank or trust company seelected by it.
(b) Interest. The City shall be under no obligation to pay or earn
interest on the Deposit, but if interest is payable thereon,
such interest when received by the City shall be promptly paid
to the Redeveloper.
(c) Retention by City. Upon termination of the Agreement as
provided in Sections 703 and 704 of Part II hereof, the Deposit
or the proceeds of the Deposit, if not heretofore returned to
the Redeveloper pursuant to Paragraph (d) of this Section,
including all interest payable to such Deposit or the proceeds
thereof after such termination, shall be retained by the City
Agency as provided in Sections 703 and 704 of Part II hereof.
(d) Return to Redeveloper. Upon issuance of both Certificates of
Completion as called for in Section 305 of Part II hereof, or
upon termination of the Agreement as provided in Section 702 of
Part II hereof, the Deposit shall be returned to the Redeveloper
by the City.
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SECTION 4, TIME FOR COMMENCEMENT AND COMPLETION OF 1I4PROVEMENTS
The construction
Improvements called
commenced and compled inaccordance with�sSchedulen
shallbet D
hereof.
SECTION 5. TIME FOR CERTAIN OTHER ACTIONS
(a) Time for Submission of Construction Plans. The Redeveloper
shall submit construction plans as called for in Section 301 of
Part II of this Agreement as soon as possible subsequent to the
time for conveyance set forth in Schedule C hereof.
(b) Time for Submission of Corrected Plans. In the event that
Preliminary Design Plans or Construction Plans are rejected by
the City, as set forth in Section 301 of Part II of this
Agreement, the Redeveloper shall submit corrected plans within
thirty (30) days of said rejection.
(c) If any hardship shall exist in complying with the foregoing
provisions of this Section the Redeveloper may petition to the
City in writing for an extension of time for performance of any
part of this Section, setting forth in detail the reasons for
needing such extension.
SECTION 6. PERIOD OF DURATION OF COVENANT ON USE
The covenants pertaining to the use of the Property, set forth in
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Paragraph (a) of Section 401 of Part II hereof, shall remain in
effect from the date of the Deed until October 2, 1994, the period
specified or referred to in the Urban Renewal Plan, and shall
automatically extend for five year periods thereafter, unless
changed by the City Council.
SECTION 7. NOTICES AND DEMANDS
A notice, demand, or other communication under the Agreement by
either party to the other shall be sufficiently given or delivered if
it is dispatched by registered or certified mail, postage prepaid,
return receipt requested, or delivered personally, and
(i) in the case of the Redeveloper, is addressed to or delivered
personally to the Redeveloper at
5217 Wayzata Boulevard, Suite 213
St. Louis Park, Minnesota 55416
AND
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in the case of the City, is addressed to or delivered
to the:
personally
City Manager
r
Civic Center
,
410 E. Washington St.
Iowa City, Iowa 52240
Or at such other address with respect to either such party as
that may, from time to time, designate in
writing and,forward to
the other as provided in this Section.
SECTION 8. COUNTERPARTS
The
eement
shalle onstitute oneecuted and he same re
each of which
strumentsterparts,
SECTION 9. DEPOSIT AND FINANCING FEES FOR INDUSTRIAL
REVENUE BONDS
Fees will be determined
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at time of issuance of the Industrial Revenue
Bonds - Sale of these Bonds at acceptable
proposal. rates is a condition of this
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SECTION 10. SUBMISSION OF DETAILED FINANCIAL
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INFORMATION
The er
upon ea lierholr later trequestto the CofythenCitbeforeJanuar 1
p q Y 1983, or
information
ci
necessary to support the issuance of i dus the riellredvehuebonds
and/or for the
submission of an application to the Urban Development
Action Grant program.
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IN WITNESS WHEREOF, the City has caused the Agreement to be duly executed
in its name and behalf by its Mayor and its seal to be hereunto duly
affixed and attested by its City Clerk, and the Redeveloper has caused the
Agreement to be duly executed in its name and behalf by its Joint Venturer
Partners, on or as of the day first above written.
ATTEST: CITY OF IOWA CITY, IOWA
CITY CLERK BY:
MAYOR
STATE OF IOWA )
COUNTY OF JOHNSON ss
On this day of
before me, a Notar
Public duly commissioned and qualified in and fob said County and State,
personally appeared Mary C. Neuhauser, Mayor of the City of Iowa City,
Iowa, and Marian Karr, City Clerk of said City, each being to me
personally known to be the identical persons and officers named in the
foregoing instrument, who executed the same under and by virtue of the
authority vested in them by the City Council of said City, and each for
himself/herself acknowledged the execution thereof to be his/her
voluntary act and deed for purposes herein expressed.
STATE OF IOWA ) Mid -City Hotel Associates - Iowa City
COUNTY OF JOHNSON ) ss
BY:
Harry A. Anderson, Jr. Sole Proprietor
On this day of
Notary Public duly commissioned and qualified in and forbefore —said said County Band
State, personally appeared Harry A. Johnson, Jr.,
City Hotel Associates - Iosole proprietor of Mid
-
personally City, personally known to be the identical
person named in the foregoing instrument who executed the same under and
by virtue of the authority vested in him, and for himself acknowledged the
execution thereof to be his voluntary act and deed for purposes herein
expressed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial Seal at
Iowa City, Iowa, the day and year last above written.
Notary Public in and for the
State of Iowa
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PARCEL NO.
64-1b
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SCHEDULE 8
PRICE OFFERED
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PRICE
$198,000
SCHEDULE C
TIME FOR CONVEYANCE
PARCEL NO. DATE
64-1b On or before
February 1, 1984
This Contract is subject to the obtaining of satisfactory financing
arrangements via Industrial Revenue Bonds financing or General Obligation
Bonds. In the event such financing is not obtained all sums tendered
under this contract shall be refunded.
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SCHEDULE D
Improvements on the parcel listed below will commence and be completed in
accordance with the following schedule:
PARC No
64-1b
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COMMENCEMENT
COMPLETION
On or before
3/1/84 9/1/85
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SCHEDULE D
Improvements on the parcel listed below will commence and be completed in
accordance with the following schedule:
PARC No
64-1b
.:40
COMMENCEMENT
COMPLETION
On or before
3/1/84 9/1/85
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Part II
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
A Joint Venture Composed of
Vernon R. Beck & Mid -City Hotel Associates
and
The City of Iowa City, Iowa
for
Parcel 64-1b
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ARTICLE^ PREPARATION OF PROPERTY FOR RF"''ELOPMENT
SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the City shall
this agreement AS IS (except that the City shall
convey and the redeveloper shall accept the property set forth in Schedule A of
remove the pavement of the
existing parking lot and improvements on City Plazaprior to the Redeveloper's
obligation to commence construction or through mutual agreement by the City and
the redeveloper) and it is expressly agreed that the City makes no warranty,
express or implied, regarding subsurface conditions and that the City shall have
no liability for any damages arising from subsurface conditions. It is further
agreed that any contracts or specifications for site demolition and clearance
which may have been examined by the redeveloper were examined for information
purposes only, and that the City shall assume no liability for any defects or
variance from the specifications for work previously completed.
SECTION 102. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The City,
without expense to the Redeveloper or assessment or claim against the property,
shall cause the restriction of traffic and construction of public improvements
on existing street rights-of-way, and the construction of parking structures as
specifically set forth in the Urban Renewal Plan. rhe City reserves the right
to make future modifications to the traffic circulation system and to the public
improvements when such changes are deemed necessary and in the public interest.
SECTION 103. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY REDEVELOPER. The
Redeveloper hereby waives (as the purchaser of the Property under the Agreement
and as the owner after the conveyance of the Property provided for in the
Agreement) any and all claims to award of damages, if any, to compensate for the
Closing, vacation, restriction, change of restriction or change of grade of any
street, alley, or other public right-of-way within or fronting or abutting on,
or adjacent to, the Property which, pursuant to Section 102 hereof, is to be
closed or vacated, or the grade of which is to be changed, and shall upon the
request of the City subscribe to, and join with, the City in any petition or
proceeding required for such vacation, dedication, change of grade, and, to the
extent necessary, rezoning, and execute any waiver or other document in respect
thereof.
This paragraph shall not be construed, however, as relieving the City from
between the liability and responsibility for performance of written agreements entered into
construction and City
ai maintenance ond the feanlalley toer rthe east ofs
sthe hoteparking, and the
ARTICLE II. RIGHTS OF ACCESS TO PROPERTY
SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for
itself, the City, and any public utility company, as may be appropriate, the
unqualified right to enter upon the Property at all reasonable times for the
purpose of reconstructing, maintaining, repairing, or servicing the public
utilities located within the Property boundary bines and provided for in the
easements described or referred to in Paragraph
hereof. 9 ph
(a), Section 2, of Part I
SECTION 202. REDEVELOPER NOT TO CONSTRUCT OVER UTILITY EASEMENTS.
on, over, Redeveloper shall not construct any building or other stlines o ructure or improvemeThe
nt
described or r referred within tto iinhe uParagraph (1), Section 2 of Part easment for Iuhereof, blic Iunless
such construction is provided for in such easement
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or has been approved in writing by the City Engineer, or the authorized
representative of an affected public utility.
SECTION 203. ACCESS TO PROPERTY. Prior to the conveyance of the
Property by the Clty to Che Redeveloper, the City shall permit
representatives of the Redeveloper to have access to any Property to which
the City holds title, at all reasonable times for the purpose of obtaining
data and making various tests concerning the Property necessary to carry
out the Agreement. After the conveyance of the Property by the City to
the Redeveloper, the Redeveloper shall permit employees, agents or
representatives of the City access to the Property at all reasonable times
for the purposes of the Agreement, including, but not limited to,
inspection of all work being performed in connection with the construction
of the Improvements. No compensation shall be payable nor shall any
charge be made in any form by any party for the access provided for in this
Section.
ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
SECTION 301. PLANS FOR CONSTRUCTI0N OF IMPROVEMENTS. Whenever used in
Chis Agreement, Che term preliminary design p ons shall include a site
plan and preliminary plans for Improvements which clearly show the size,
location, and external appearance of any structures, along with such other
information as is necessary to determine the intentions of the
Redeveloper. These documents have been prepared by the City architect and
will be utilized and accepted by the Redeveloper as an integral part of
the Redeveloper's offer. The term "construction plans" shall mean all
plans, specifications, drawings, or other information required to be
submitted for issuance of any permit called for by applicable codes and
ordinance subsequent to the designation of the Redeveloper. The term
"Improvements" as used in this Agreement, shall be deemed to make
reference to any buildings, structures, renovations, or other
improvements as provided for and specified in this Agreement, preliminary
design plans, and construction plans.
The Redeveloper shall, prior to the construction of the Improvements
called for in this Agreement, submit for approval by the City Council
construction plans, and such other information as is necessary for the
City Council to determine the intentions of the redeveloper. Approval of
such construction plans by the City Council shall in no way relieve the
Redeveloper of the responsibility for obtaining all required permits and
otherwise fully complying with all applicable state and local codes and
ordinances. Following approval of the construction plans by the City
Council, the Redeveloper shall obtain all permits required by applicable
City codes and ordinances.
All work with respect to the Improvements to be constructed or provided by
the Redeveloper on the property shall be in conformity with the
preliminary design plans and construction plans as approved by the City
Council.
SECTION 302. CHANGES Ill CONSTRUCT]ON PLANS. If the Redeveloper desires
to make any changes In the construction p ans after their approval by the
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City Council, the Redeveloper shall submit the proposed change to the City
Council for its approval. Changes in construction plans as defined
herein, may be approved by the Department of Housing and Inspection
Services, provided that such changes will not cause the Improvement to be
constructed in a manner not consistent with the preliminary design plans
as approved by Council.
SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS
The Redeveloper agrees for itself, its successors and assigns, and every
successor in interest to the Property, or any part thereof, and the Deed
shall contain covenants on the part of the Redeveloper for itself and such
successors and assigns, that the Redeveloper,and such successors and
assigns, shall promptly begin and diligently pursue to completion the
redevelopment of the Property through the construction of the
Improvements thereon, and that such construction shall in any event be
begun within the period specified in Section 4 of Part I hereof and be
completed within the period specified in such Section A. It is intended
and agreed, and the Deed shall so expressly provide, that such agreements
and covenants shall be covenants running with the land and that they
shall, in any event, and without regard to technical classification or
designation, legal or otherwise, and except only as otherwise
specifically provided in the Agreement itself, be, to the fullest extent
permitted by law and equity, binding for the benefit of the community and
the City and enforceable by the City against the Redeveloper and its
successors and assigns to or of the Property or any part thereof or any
interest therein.
SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the
Property, or any part thereo , to the Redeveloper, and until construction
of the Improvements has been completed, as set forth in Section 305
hereof, the Redeveloper shall make reports, setting forth the status of
Improvements, construction schedule, and such other information as may
reasonably be requested by the City, as to the actual progress of the
Redeveloper with respect to such construction.
SECTION 305. CERTIFICATE OF COMPLETION.
(a) Within thirty (30) days after completion of the Improvements in
accordance with thoseprovisions of the Agreement relating solely to
the obligations of the Redeveloper to construct the Improvements
(including the dates for beginning and completion thereof), the City i
will furnish the Redeveloper with an appropriate instrument so
certifying. Such certification by the City shall be (and it shall be
so provided in the.Deed and in the certification itself) a conclusive
determination of satisfaction and termination of the agreements and
covenants in the dates for the beginning and completion thereof:
Provided, that if there is upon the Property a mortgage insured, or
heeTd or owned, by the Federal Housing Administration and the Federal 1
Housing Administration shall have determined that all buildings
constituting a part of the Improvements and covered by such mortgage
are, in fact, substantially completed in accordance with the plans
and are ready for occupancy, then, in such event, the City and the
Redeveloper shall accept the determination of the Federal Housing
Administration as to such completion of the construction of the
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Improvements in accordance with the plans, and, if the other
agreements and covenants in the Agreement obligating the Redeveloper
in respect of the construction and completion of the Improvements
have been fully satisfied, the City shall forthwith issue its
certification provided for in this Section. Such certification and
such determination shall constitute evidence of compliance with or
satisfaction of any obligation of the Redeveloper to any holder of a
mortgage, or any insurer of any mortgage, securing money loaned to
finance the Improvements, or any part thereof.
(b) With respect to such individual parts or, parcels of the Property
which, if so provided in Part I (Schedule D) hereof, the Redeveloper
may convey or lease as the Improvements to be constructed thereon are
completed, the City will also, upon proper completion of the
Improvements relating to any such part or parcel, furnish the
Redeveloper with an appropriate instrument, certifying that such
Improvements relating to any such part or parcel have been made in
accordance with the provisions of the Agreement. Such certification
shall mean and provide (1) that any party purchasing or leasing such
individual part or parcel pursuant to the authorization herein
contained shall not (because of such purchase or lease) incur any
obligation with respect to the construction of the Improvements
relating to such part or parcel or to any other part or parcel of the
Property; and (2) that neither the City nor any other party shall
thereafter have or be entitled to exercise with respect to any such
individual part or parcel so sold (or, in the case of lease, with
respect to the leasehold interest) any rights or remedies or controls
that it may otherwise have or be entitled to exercise with respect to
the construction of Improvements as called for herein.
(c) Each certification provided for in this Section shall be in such form
as will enable it to be recorded in the proper office for the
recordation of deeds and other instruments pertaining to the
Property, including the Deed. If the City shall refuse or fail to
provide any certification in accordance with the provisions of this
Section, the City shall, within thirty (30) days after written
request by the Redeveloper, provide the Redeveloper with a written
statement, indicating in adequate detail in what respects the
Redeveloper has failed to complete the Improvements in accordance
with the provisions of the Agreement, or is otherwise in default, and
what measures or acts it will be necessary, in the opinion of the
City, for the Redeveloper to take or perform in order to obtain such
certification.
ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY
SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself,
and Its successors and assigns, and every successor in interest to the
Property, or any part thereof, and the Deed shall contain covenants on the
part of the Redeveloper for itself, and such successors and assigns, that
the Redeveloper, and such successors and assigns, shall:
(a) Devote the Property to, and only to and in accordance with, the uses
specified in the Urban Renewal Plan; and
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(b) Not discriminate upon the basis of race, color, creed, religion, age,
disability, sex or national origin in the .sale, lease, or rental or
in the use or occupancy of the Property or any improvements erected
or to be erected thereon, or any part thereof.
(c) All advertising (including signs) for' sale and/or rental of the whole
or any part of the Property shall include the legend, "An Open
Occupancy Building" in type or lettering of easily legible size and
design. The word "Project" or- "Development" may be substituted for
the word "Building" where circumstances require such substitution.
- W4. wvtngNlS: BINDING UPON SUCCESSORS IIV INTERESTS: PERI00
Of DURATION It is intended and agreed, and the De— ejl so expressly
�i,esely
provide; that the agreements and covenants provided in Section 401 hereof
shall be covenants running with the land and that they shall, in any
event, and without regard to technical classifications or designation,
legal or otherwise, and except only as otherwise specifically provided in
the Agreement, be binding, to the fullest extent permitted by law and
equity, for the benefit and in favor of, and enforceable by, the City, its
successors and assigns, any ,uccesso• in interest to the Property, or any
part thereof, and the United States (in the case of the covenant provided
in subdivision (b) Of Section 401 hereof)against the Redeveloper, its
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successors and assigns and every successor n interest to the Property, or
any part thereof or any interest therein, and any party in possession or
occupancy of the Property or any part thereof. It is further intended and
agreed that the agreement and covenant provided in subdivision (a) of
Section 401 hereof shall remain in effect for the period of time, or until
the date, specified or referred to in Section 6 of Part I hereof (at which
time such agreement and covenant shall terminate) and that the agreements
and covenants provided in subdivision (b) of Section 401 hereof shall
remain in effect without limitation as to time: Provided, that such
agreements and covenants shall be binding on the Redeveloper itself, each
successor in interest to the Property, and every part thereof, and each
party in possession or occupancy, respectively, only for such period as
such successor or party shall have title to, or an interst in, or
Possession or occupancy of, the Property or part thereof. The terms "uses
specified in the Urban Renewal Plan" and "land use" referring es
provisions of the Urban Renewal Vlan, or similar language, in thto
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Agreement shall include the land and all building, housing, and other
;,and. equirements or restrictions of the Urban Renewal Plan pertaining to such
amplification, and not i6_ estr•Iction,tT �i17����Uprl�---1sCo� of the preceding
In
Section, it is intended and agreed that the City and its successors and
bassigns shall be deemed beneficiaries of the agreements and covenants
eneficiiary ofcthenco�enanteprovidledthe UnitesubdidiStates
sion (bp olf Section401a
hereof, both for and in their or its own right and also for the purposes of
protecting the interest of the community and other parties, public or
private in whose favor or for whose favor or for whose benefit such
agreements
shall(and the Deed shalsl so state) have been rro l
uninefavod. uOlf theeCitytand rlthe vUnited
States, for the entire period during which such agreements and covenants
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shall be in force and effect, without regard to whether the City or the
United States has at any time been, remains, or in an owner of any land or
interest therein to or in favor of which such agreements and covenants
relate. The City shall have the right, in the event of any breach of any
such agreement or covenant, and the United States shall have the right in
the event of any breach of covenant provided in subdivision (b) of Section
401 hereof, to exercise all the rights and remedies, and to maintain any
actions or suits at law or in equity or other propery proceedings to
enforce the curing of such breach of agreement or covenant, to which it or
any other beneficiaries of such agreement or covenant may be entitled.
ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper
representsnd aagrees that its purchase of the Property, and its other
undertakings pursuant to the Agreement, are, and will be used, for the
purpose of the redeveloment of the Property and not for speculation in
land holding. The Redeveloper further recognizes that, in view of
(a) the importance of the redevelopment of the Property to the general
welfare of the community;
(b) the substantial financing and other public aids that have been made
available by law and by the Federal and local Governments for the
purpose of making such redevelopment possible; and
(c) the fact that a transfer of the stock in the Redeveloper or of a
substantial part thereof, or any other act or transaction involving
or resulting in a significant change in the ownership or distribution
of such stock or with respect to the identity of the parties in
control of the Redeveloper or the degree thereof, is for practical
purposes a transfer or disposition of the Property then owned by the
Redeveloper,
the qualifications and identity of the Redeveloper, and its stockholders,
are of particular concern to the community and the City. The Redeveloper
further recognizes that it is because of the recognition of such
qualifications and identity that the City is entering into the Agreement
with the Redeveloper, and, in so doing, the City is further willing to
accept and rely on the obligations of the Redeveloper for the faithful
performance of all undertakings and covenants in the Agreement.
SECTION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF
REDEVELOPER. For the foregoing reasons, ,the edeve oper agrees for
Itse'—if, and all persons holding an interest therein, their heirs,
successors and assigns that there shall be no change or transfer of
ownership or control by any person or combination of persons owning or
controlling ten (10) percent or more interest in the Redeveloper through
sale, assignment, merger, increased capitalization or by any other means,
without the express written approval of the City. With respect to this
provision, the Redeveloper and the parties signing the Agreement on behalf
of the Redeveloper represent that they have the authority of all persons
holding interest therein to agree to this provision on their behalf and to
bind them with respect thereto.
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also, for the foregoing reasons the Redevel<
Itself, and its successors and assigns, that:
(a) Except only
(1) by way of security for, and only for (i) the purpose of
Obtaining financing necessary to enable the Redeveloper or any
successor in interest to the Property, or any part thereof, to
perform its obligations with respect to acquiring the property
and making the Improvements under the Agreement, and (ii) any
other purpose authorized by the Agreement, and
(2) as to any individual parts or parcels of the Property on which
the Improvements to be constructed thereon have been completed,
and which, by the terms of the Agreement, the Redeveloper 1s
authorized to convey or lease as such Improvements are,
completed,
the Redeveloper (except as so authorized) has not made or created, and
that it will not, prior to the proper completion of the Improvements as
certified by the City, make or create, or suffer to be made or created,.
any total or partial sale, assignment, conveyance, or lease, or any trust
or power, or transfer in any other mode or form of or with respect to the
Agreement or the Property, or any part thereof or any interest therein, or
any contract or agreement to do any of the same, without the prior written
approval of the City: Provided, that prior to the issuance by the City of
the certificate providod by in Section 305 hereof as to completion of
construction of the Improvements, the Redeveloper may enter into any
agreement to sell, lease, or otherwise transfer, after the issuance of
J such certificate, the Property or any part thereof or interest therein,
R which agreement shall not provide for payment of or on account of the
purchase price or rent for the Property, or the part thereof or the
t interest therein to be so transferred, prior to the issuance of such
certificate.
(b) The City shall be entitled to require, except as otherwise provided
in this Agreement, as conditions to any such approval that:
(1) Any proposed transferee shall have the qualifications and
financial responsibility, as datermined by the City, necessary
and adequate to fulfill the obligations undertaken in the
Agreement by the Redeveloper (or, in the event the transfer is
of or relates to part of the Property,, such obligations to the
extent that they relate to such part).
(2) Any proposed transferee, by instrument in'writing satisfactory
to the City and in form recordable among the land records,
shall, for itself and its successors and assigns, and expressly
for the benefit of the City, have expressly assumed all of the
obligations of the Redaveloper under the Agreement and agreed
to be subject to all the conditions and restrictions to which
the Redeveloper is subject (or, in the event the transfer is of
or related to part of the Property, such -obligations,
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conditions, and restrictions to the extent that they relate to
such part): Provided, that any instrument or agreement which
purports to transfer any interest whatsoever caused by this
agreement without the express written approval of the City, is
null and void.
(3) There shall be submitted to the City for review all instruments
and other legal documents involved in effecting transfer; and
if approved by the City, its approval shall be indicated to the 1
Redeveloper in writing.
(4) The consideration payable for the transfer by the transferee or
on its behalf shall not exceed an amount representing the actual
cost (including carrying charges) to the Redeveloper of the
Property (or allocable to the part thereof or interest therein
transferred) and the Improvements, if any, theretofore made
thereon by it; it being the intent of this provision to preclude
assignment of the Agreement or transfer of the Property for
profit prior to the issuance of the certificate of completion as
set forth in Section 305 of this Agreement. The City shall be
entitled to increase the Purchase Price to the Redeveloper by
the amount that the consideration payable for the assignments
or transfer is in excess of the amount that may be authorized
pursuant to this subdivision (4), and such consideration shall,
to the extent it is in excess of the amount so authorized,
belong to and forthwith be paid to the City.
(5) The Redeveloper and its transferee shall comply with such other
conditions as the City may find desirable in order to achieve j
and safeguard the purposes of the Urban Renewal Act and the '
Urban Renewal Plan. i
Provided, that in the absence of specific written agreement by the City to
the contrary, no such transfer or approval by the City thereof shall be
deemed to relieve the Redeveloper, or any other party bound in any way by
the Agreement or otherwise with respect to the Construction of the
Improvements, from any of its obligations with respect thereto. i
SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In
order to assist in the effectuation of the purposes of this Art c e V and
the statutory objectives generally, the Redeveloper agrees that during
the period between execution of the Agreement and completion of the
Improvements as certified by the City,
(a) the Redeveloper will promptly notify We'City of any and all changes
whatsoever in the ownership or control of interest, legal or
beneficial, or of any other act or transaction involving or resulting
in any change in the ownership of such interest or in the relative
distribution thereof, or with respect to the identity of the parties
in control of the Redeveloper or the degree thereof, of which it or
any of its officers have been notified or otherwise have knowledge or
information; and _
1I-8
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(b) the Redeveloper shall, at such times as the City may request, furnish
the City with a complete statement, subscribed and sworn to by the
President or other executive officer of the Redeveloper, setting
forth all of the holders of interest in the Redeveloper and the
extent of their respective holdings, and in the event any other
parties have a beneficial interest in such holdings their names and
the extent of the Redeveloper, any specific inquiry made by any such
officer, of all parties who on the basis of all such records own ten
(10) percent or more of the interest in the Redeveloper, and by such
other knowledge or information as such officer shall have. Such
lists, data, and information shall in any event be furnished the City
immediately prior to the delivery of the Deed to the Redeveloper and
as a condition precedent thereto, and annually thereafter on the
anniversary of the date of the Deed until the issuance of a
certificate of completion of all the Property.
ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY. Prior to the
completion of the Improvements, as certified by the City, neither the
Redeveloper nor any successor in interest to the Property or any part
thereof shall engage in any financing or any other transaction creating
any mortgage or other encumbrance or lien upon the Property, whether by
express agreement or operation of law, or suffer any encumbrances or lien
to be made on or attach to the Property, except for the purposes of
obtaining
(a) funds only to the extent necessary for making the Improvements, and
(b) such additional funds, if any, in an amount not to exceed the
Purchase Price paid by the Redeveloper to the City.
The Redeveloper (or successor in interest) shall notify the City in
advance of any financing, secured by mortgage or other similar lien
instrument, it proposes to enter into with respect to the Property, or any
part thereof, and in any event it shall promptly notify the City of any
encumbrance or lien that has been created on or attached to the Property,
whether by voluntary act of the Redeveloper or otherwise. For the
purposes of such mortgage financing as may be made pursuant to the
Agreement, the Property may, at the option of the Redeveloper (or
successor in interest), be divided, provided that such subdivision, in the
opinion of the City, is not inconsistent with the purposes of the Urban
Renewal plan and the Agreement and is approved in writing by the City.
SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any
of the provisions of the Agreement, including but not limited to those
which are or are intended to be covenants running with the land, the
holder of any mortgage authorized by the Agreement (including any such
holder who obtains title to the Property or any part thereof as a result
of foreclosure proceedings, or action in lieu thereof, but not including
{ (a) any other party who thereafter obtains title to the Property or such
part from or through such holder, or (b) any other purchaser at
foreclosure sale other than the holder of the mortgage itself) shall in no
way be obligated by the provisions of the Agreement to construct or
,.-
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' complete the Improvements or to guarantee such construction or
completion; nor shall any covenant or any other provision in the Deed be
construed to so obligate such holder: Provided, that nothing in this
Section or any other Section or provision of the Agreement shall be deemed
or construed to permit or authorize any such holder to devote the Property
orany part thereof to any uses, or to construct any improvements thereon,
other
Renewal han those
ins s or improvements provided or permitted in the Urban
Plan
SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGEE. Whenever the City
she de Iver any notice or demand to the Redeveloper with respect to any
breach or default by the Redeveloper in its obligations or covenants
ofunder
such
the Agreement, the City shall at the same time forward a COPY
notice or demand to each holder of any mortgage authorized by the
f such holder shown in the records of the
Agreement at the last address o
City.
SECTION 604.HORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or
default referred to In Section 603 hereof, each such holder shall (insofar
as the rights of the City are concerned) have the right, at its option, to
cure or remedy such breach or default (or such breach or default to the
extent that it relates to the part of the Property covered by its
mortgage) and to add the cost thereof to the mortgage debt and the lien of
its mortgage: Provided, that if the breach or default is with respect to
construction
Section of the Agreementtshall tbehdeemed ato permitined in or is Section r
or authorize
any
othersuch
holder, either before or after foreclosure or action in lieu thereof, to
undertake or continue the construction or completion Of the Improvements
(beyond the extent necessary to conserve or protect Improvements or
construction already made) without first having expressly assumed the
obligation to the City, by written agreement satisfactory to the City, to
complete, in the manner provided in the Agreement, the Improvements on the
Property
such holder
relates. Oh
Anysuchrthereof t
holderwhoshallCh the e
properlycompletehn or f
the Improvements
relating to the Property or applicable part thereof shall be. entitled,
requestupon writton oO
or
certifications by the City to such effect t a certificationo a
inthema nerprovided in
Section 305 of the Agreement, and any such certification shall, if so
requested by such holder mean and provide that any remedies or rights with
respect to recapture of or reversion or revesting of title to the Property
that the City shall have or be entitled to because of failure of the
Redeveloper or any successor in interest to the Property, or any part
thereof, to cure or remedy any default with respect to the construction of
the Improvements on other parts or parcels of the Property, or became of
any other default in or breachthe partorparcel ofth
gel he Propertyror such
to which
successor, shall not apply to the
such certification relates.
In any case, where, subsequent tO defau Lor breach by the Rodaveloper kor
successor in interest) under the Agreement, the holder of any mortgage on
the Property or part thereof
II -10
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(a) has, but does not exercise, the option to construct or complete the
Improvements relating to the Property or part thereof covered by its
mortgage or to which it has obtained title, and such failure
continues for a period of sixty (60) days after the holder has been
notified or informed of the default or breach; or
(b) undertakes construction or completion of the Improvements but does
not complete such construction within the period as agreed upon by
the City and such holder (which period shall in any event be at least
as long as the period prescribed for such construction or completion
in the Agreement), and such default shall not have been cured within
sixty (60) days after written demand by the City so to do,
the City shall (and every mortgage instrument made prior to completion of
the Improvements with respect to the Property by the Redeveloper or
successor in interest shall so provide) have the option of paying to the
holder the amount of the mortgage debt and securing an assignment of the
mortgage and the debt secured thereby, or, in the event ownership of the
Property (or part thereof) has vested in such holder by way of foreclosure
or action in lieu thereof, the City shall be entitled, at its option, to a
conveyance to it of the Property or part thereof (as the case may be) upon
payment to such holder of an amount equal to the sum of: (i) the mortgage
debt at the time of foreclosure or action in lieu thereof (less all
appropriate credits, including those resulting from collection and
application of rentals and other income received during foreclosure
proceedings); (ii) all expenses with respect to the foreclosure; (iii) the
net expense, if any (exclusive of general overhead), incurred by such
holder in and as a direct result of the subsequent management of the
Property; (iv) the costs of any Improvements made by such holder; and (v)
an amount equivalent to the interest that would have accrued on the
aggregate of such amounts had all such amounts become part of the mortgage
debts and such debt had continued in existence.
SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a
default or breach prior to the completion of the Improvements by the
Redeveloper, or any successor in interest, in or of any of its obligations
under, and to the holder of, any mortgage or other instrument creating an
encumbrance or lien upon the Property or part thereof, the City may at its
option cure such default or breach, in which cases the City shall be
entitled, in addition to and without limitation upon any other rights or
remedies to which it shall be entitled by the Agreement, operation of law,
or otherwise, to reimbursement from the Redeveloper or successor in
interest of all costs and expenses incurred by the City in curing such
default or breach and to a lien upon the Property (or the part thereof to
which the mortgage, encumbrance, or lien relates) for such reimbursement:
Provided, that any such lien shall be subject always to the lien of
nc ud ng any lien contemplated, because of advances yet to be made, by)
any then existing mortgages on the Property authorized by the Agreement.
SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement:
he term 'mortgage shall include a deed of trust or other instrument
creating an encumbrance or lien upon the Property, or any part thereof, as
security for a loan. The term "holder" in reference to a mortgage shall
include any insurer or guarantor of any obligation or condition secured by
/f54
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such mortgage or deed of trust, including, but not limited to, the Federal
Housing Commissioner, the Administrator of Veterans Affairs, and any
successor in office of either such official.
ARTICLE VII. REMEDIES
SECTION 701. IN GENERAL. Except as otherwise provided in the Agreement,
In the event of any default in or breach of the Agreement, or any of its
terms or conditions, by either party hereto, or any successor to such
Party, such party (or successor) shall, upon written notice from the
other, proceed immediately to cure or remedy such default or breach, and,
in any event, within sixty (60) days after receipt of such notice. In
case such action is not taken or not diligently pursued, or the default or
breach shall not be cured or remedied within a reasonable time, the
aggrieved party may institute such proceeedings as may be necessary or
desirable in its option to cure and remedy such default or breach,
including, but not limited to, proceedings to compel specific performance
by the party in default or breach of its obligations.
- - •--• U, nEucrtwrtuc PHIUM 10 CONVEYANCE. In the
avant that the Ity docs not tender conveyance 0 the rope rty, or
Possession thereof, in the manner and condition, and by the date, provided
in this Agreement, and any such failure shall not be cured within sixty
(60) days after the date of written demand by the Redevoloper, and the
City is unable to demonstrate, to the reasonable satisfaction of the
Redeveloper that the defects, cloud, or other deficiencies in or on title
involved, or the part of the property to which it relates, is of such !
nature that the Redeveloper will not be hampered or delayed in the
construction of the improvements by taking title and possession subject to
such defects, the City will refund to the Developer any good faith deposit
tendered by the Redeveloper for such proporty or the portion of said good
faith deposit reasonably' allocable to the portiorl of the property not
conveyed and this agreement with respect tA. the property not conveyed
shall be terminated, rroovid�ed, it is hereby expressly agreed that in the
event this agreement si tartodinated pursuant to this Section.each party to
this agreement shall be solely responsible fbr all expenses incurred or
Obligated by it and shall have no claim against the other party.
SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event that
prior to conveyance of Che roperty to It Wedeva Top or, the Redeveloper is
in violation of Section 502 of Part II of this Agreement or the
Rodeveloper does not pay the Purchase Price and take title to the Property
upon tender of conveyance by the City pursuant to this Agreement, or the
Redeveloper fails to cure any default or failure within thirty 30 days
from the date of written demand by the City,.then this Agreement, and any
rights of the Redeveloper, or any assigdae or transferee, in this
Agreement, or arising therefrom with respect to the City or the Property,
shall, at the option of the City, be terminated by the City, in which
event, as provided in Paragraph C, Section 3 of Part I hereof, the Deposit
or any portion thereof may be retained by the City as liquidated damages
and as its property without any deduction, offset, or recoupment
whatsoever, and neither the Redeveloper (or assignee or transferee) nor
the City sha11 have any further rights against or liability under this
Agreement to the other in respect to the property or part thereof for
which the deposit has been retained.
II -12
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. 141CROFILMEOBY
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JORM MIC R+LAB
CEDAR RPPIDS • DE_ MOINES
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^ in the event that subsequent to conveyance sof theProperty
or any part thereof to the Redeveloper and prior to completion of the
Improvements as certified by the City
(a) the Redeveloper does not submit plans as required by the Agreement in
satisfactory form and in the manner and by the dates respectively
Provided in this Agreement; or
(b) the Redeveloper (or successor in interest) shall default in or
violate its obligations with respect to the construction of the
Improvements (including the nature and the dates of for the beginning
and completion thereof), or shall abandon or substantially suspend
construction work, 'and any such default, violation, abandonment, or
suspension shall not be cured, ended, or remedied within ninety (90)
days after written demand by the City; or
(c) the Redeveloper (or successor in interest) shall fail to pay real
estate taxes or assessments on the Property or any part thereof when
due, or shall place thereon any encumbrance or lien unauthorized by
the Agreement, or shall suffer any levy or attachment to be made, or
any materialmen's or mechanic's lien, or any other unauthorized
encumbrance or lien to attach, and such taxes or assessments shall
not have been paid, or the encumbrance or lien removed or discharged
or provision satisfactory to the City made for such payment, removal,
or discharge, within ninety (90) days after written demand by the
City; or
(d) the Redeveloper violates the provision of Section 502 of Part II of
this Agreement and such violation shall not be cured within sixty
(60) days after written demand by the City to the Redeveloper,
then the City shall have the right to re-enter and take possession of the
Property and all Improvements located thereon to terminate (and revest in
the City) the property conveyed by the Deed to the Redeveloper, it being
the intent of this provision, together with other provisions of the
Agreement, that the conveyance of the Property to the Redeveloper shall be
made upon, and that the Deed shall contain, a condition subsequent to the
effect that in the event of any default, failure, violation, or other
action or inaction by the Redeveloper specified in subdivisions (a), (b),
(c) and (d) of this Section 704, failure on the part of the Rens(a)por to
remedy, end, or abrogate such dofault, failure, violation, or other action
or inaction, within the period and in the manner stated in such
subdivisions, the City at its option may declare A termination in favor of
the City of the title, and ofall the rights and interests in and to the
Property conveyed by the Deed to the Redeveloper and Improvements
constructed thereon, and that such title and all rights and interests of
the Redeveloper, and any assigns or successors in interest to and in the
Property and any Improvements constructed thereon, shall revert to the
City: Provided, that such condition subsequent and any revesting of title
as a resu—lt thereof in the City
(1) shall always be subject to and limited by, and shall not defeat,
render invalid, or limit in any way, (i) the lien of any mortgage
II -13
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authorized by the Agreement, and (ii) any rights or interests
provided in the Agreement for the protection of the holders of such
mortgages; and
(2) shall not apply to individual parts or parcels of the Property (or,
in the case of parts or parcels )eased, the leasehold interest) on
which the Improvements to be constructed thereon have been completed
in accordance with the Agreement and for which a certificate of
completion is issued therefore as provided in Section 305 hereof or
on which the Improvements to be constructed thereon are in fact
proceeding with construction on an approved schedule and for which a
certificate of completion would be issued in normal course.
In addition to and without in any way limiting the City's right to
re-entry as provided for in this Section, the City shall have the
right to retain the Deposit or any portion thereof, as provided in
Paragraph C, Section 3 of Part I hereof, without any deduction,
offset or recoupment whatsoever, in the event of a default, violation
or failure of the Redeveloper as specified in this Section.
war ure revesting in theCity of title to the Property or"acportion
thereof and any Improvements thereon, or any part thereof as provided in
Section 704, the City shall, pursuant to its responsibilities under State
law, use its best efforts to resell the Property or part therof (subject
to such mortgage liens and leasehold interest as in Section 704 set forth
and provided) as soon and in such manner as the City shall find feasible
the Improvements or such other improvements in their stead as shall be
satisfactory to the City and in accordance with the uses specified for
such Property or part thereof in the Urban Renewal Plan. Upon such resale
of the Property, the proceeds thereof shal be app led;
(a) First, to reimburse the City, on its own behalf, ,for all costs and
expenses incurred by the City, including but not limited to salaries
of personnel, in connection wiht the recapture, management, and
resale of the Property or part thereof (but less any income derived
by the City from the Property or part thereof in connection with such
management); all taxes, assessments, and water and sewer charges
with respect to the Property or part thereof (or, in the event the
Property is exempt from taxation or assessment or such charges during
the period of ownership thereof by the City, the amount, if paid,
equal to such taxes, assessments, or charges (as determined by the
City assessing official) as would have been payable if the Property
or part thereof at the time of revesting of title thereto in the City
or to discharge or prevent from attaching or being made any
subsequent encumbrance or liens due to obligations, defaults, or
acts of the Redeveloper, its successors or transferees; any
expenditures made or obligations incurred with respect to the making
or completion or removal of the Improvements or any part thereof on
the Property or part thereof; and any amounts otherwise owing the
City by the Redeveloper and its successor or transferee; and
(b) Second, to reimburse the Redeveloper, its successor or transferee,
up to the amount equal to (1) the sum of the purchase price paid by it
MICROFILMED BY. _....
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for the Property (or allocable to the part thereof) and the cash
actually invested by it in making any of the Improvements on the
Property or part thereof, unless (2) any gains or income withdrawn or
made by it from the Agreement or the Property.
Any balance remaining after such reimbursements shall be retained by the
City as its property.
Y.
it ma desirable "1e r'ef to institute Purpose
uce actions or proceedAngs as
y deem desirable for effectuating the ur oses of this Article VII,
including also the right to execute and record or fife amongthe
land records in the office in which the
Deed is recorded a written
declaration of the termination of all the right, Public
the Redeveloper, and (except for such individduaj title, and interest of
parts
which construction of that part of the Improvements required to be
constructed thereon has been completed, in accordance with theaAgreement�
and for which a certificate of completion as provided in Section 305
hereof is to be delivered, and subject to such mortgage liens and
leasehold interests as Provided in Section 704 hereof) its successors in
interest and assigns, in the Property, and the revesting of title thereto
in the City: Provided that any delay by the City in instituting or
Prosecuting any such actions or proceedings or otherwise asserting its
rights under this Article VII shall not operate as a waiver of such rights
or to deprive it of or limit such rights in any wa
this Provision that the City should not be constrained so (it beinastto avoidtthof
e
risk of being deprived of or limited in the exercise of the remedy
provided in this Section because of concepts of waiver, lache
or otherwise to exercise such remedy at s, estoppel,
a
Otherwise to resolve the when it may still hope
shalle tim
waiver in fact problems created by the default involved
default y the Redevelopermunder by
Section ibh respect to an
City y specific
); nor
a waiver of the rights of the City with respect
theany other defaults by
the Redeveloper under this considered or treated as
Section or with respect of the
default except to the extent specifically waived s writing.
Particular
SFCTinu in, ...____.
from such conveyance o rpreventedhfromtso doin`V •-ycuce or title to any
City of Iowa City, Iowa be enjoined
or act of any judicial, legislative or executivebbod any order or decision
a
the premises, the City at its option may terminate thisAgreauthority
Agreement any
obligations incurred by either party shall cease. In the event of such
termination, the City shall not be responsiblq,for any damages,
or costs incurred by the Redeveloper by reason of such termination,
further agreed and understood that the City shall have no liability nfor
failure to deliver title to such Property or an It is
Redeveloper after making a good faith attempt to do spart o thereof to the
neitner the City nor the �Redevelor theasthe
its obliga
successor in interest, shall be considered in breach
tions with respect to this Agreement in the
.,MICROFILMED.Bt
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may be, nor any
Of. or default in,
event of enforced
/1fsa
delay in the performance of such obligations due to unforeseeable causes
beyond its control and without its fault or negligence, including, but not
restricted to, acts of God, acts of public enemy, acts of the other party,
fires, floods, epidemics, quarantine restrictions, strikes, litigation
and unusually severe weather or delays of subcontractors due to sucn
causes; it being the purpose and intent of this provision that in the
event of the occurrence of any such enforced delay, the time or times for
performance of the obligations of the City or of the Redeveloper under
this Agreement, as the case may be, shall be extended for the period of
the enforced delay as determined by the City: Provided, that the party
seeking the benefit of the provisions of this Section shall, within ten
(10) days after the beginning of any such enforced delay, have first
notified the other party thereof in writing, and of the cause or causes
thereof, and requested an extension for the period of the enforced delay.
SECTION 709. RIGHTS ANO REMEDIES CUMULATIVE. The rights and remedies of
the parties to the Agreement, whether provided by law or by the Agreement,
shall be cumulative, and the exercise by either party of any one or more
of such remedies shall not preclude the exercise by it, at the same or
different times, of any other such remedies for the same default or breach
of any of its remedies for any other default or breach by the other party.
No waiver made by either such party with respect to the performance, or
manner or time thereof, or any obligation of the other party or any
condition to its own obligation under the Agreement shall be considered a
waiver of any rights of the party making the waiver with respect to the
particular obligation of the other party or condition to its own
obligation beyond those expressly waived in writing and to the extent
thereof, or a waiver in any respect in regard to any other rights of the
party making the waiver or any other obligations of the other party.
Z,tI,I WR Ilu. r1l,,, a,. rvr.. --__- -
The Redeveloper, for itself and Its successors and assigns, and or all
other persons who are or who shall become, whether by express or implied
le upon
y obligation or
burdenassumption
tunder the Agreement, lhereby waives, to the fullest t to nextant permitted
by lav and equity, any and all claims or defenses otherwise available on
the ground of its (or their) being or having become a parson in the
position of a surety, whether real, personal, or otherwise or whether by
agreement or operation of law, including, without limitation on the
generality of the foregoing, any and all claims and defenses based upon
extension of time, indulgence, or modification of terms of contract.
ARTICLE VIII. MISCELLANEOUS
btl,llun aui. wnrh. V, ._ --•
IN V UALLY L ABL No member, o iEla a emp oyes o the City shall
have any persona7Tnterest as defined in Chapter 403, Code of Iowa 1979,
direct or indirect, in the Agreement, nor shall any such mwbber, aRicial,
or employee participate in any decision relating to the Agreement which
affects his/her personal interests or the interests of any corporation,
partnership, or association in which he/she is, directly or indirectly,
interested. No member, official, or employee of the City shall be
persoeventnoflanyable to defaultthe orRbreachobyrtherCityany successor
forany amount which may
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141CROfILnED BY 1 .
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CEDAR RAPIDS • DE- MOINES !
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become due to the Redeveloper or successor or on any obligations under the
terms Of the Agreement.
SECTION 802. EQUAL EMPLOYMENT OPPORTIJUITY. The Redeveloper, for itself
ana Its successors and assigns, agrees that during the construction Of the
Improvements provided for in the Agreement:
(a) The Redeveloper will not discriminate against anyemployee or
disability, sexual orientation
applicant for employment because of race, color, religion, sex,
, marital status, age, creed, or
national origin. The Redeveloper will take affirmative action to
insure that applicants are employed, and that employees are treated
during employment, without regard to their race, color, religion,
sex, disability, sexual orientation, marital status, sex, age,
creed, or national origin. Such action shall include, but not be
limited to, the following; employment, upgrading, demotion, or
transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Redeveloper
agrees to post in conspicuous places, available to employees and
applicants for employment, noticesto be provided by the City setting
forth the provisions of this nondiscriminatory clause.
;
(b) The Redeveloper will, in all solicitations or advertisements for
employees placed by or on behalf of the Redoveloper, state that the
Redeveloper is an equal opportunity employer.
(c) The Redeveloper will send to each labor union or representative of
workers with which the Redeveloper has a collective bargaining
agreement or other contract or understanding, a notice, to be
provided, advising the labor union or workers' representat
Redeveloper's commitments under the City of Iowa City'sihe
ve of t
Compliance Program, and shall post copies of t
conspicuous places availablthe notices
Contracc
e to emplIn
employment. oyees and applicants for
(d) The Redeveloper will comply with all provisions of the Cit
City's Contract Compliance Program. y of Iowa
(e) In the event of the Redeveloper's noncompliance with the non-
discrmination clauses of this Section, or with any of the said rules,
regulations, or orders, the Agreement may be canceled, terminated,
Or suspended in whole or in part.
(f) The Redeveloper will include the provisions of Paragraphs (a)
through (f) of this Section in every contraor purchase order, and
will require the inclusion of these provisionct s in every subcontract
entered into by any of its contractors unless a specific exemption is
approved by the City Council so that such provisions will be binding
upon each such contractor, subcontractor, or vendor, as the case may
be. The Redeveloper will take such action with respect to any
construction contract, subcontract, or purchase order as the City
may direct as a means of enforcing such provisions
Inc
sanctions for noncompliance: Provided, however, that in theluding
II-17
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a. 141CROFILMED a1C. ... i
t JORM MICR¢LAE3 l ��
1 -CEDAR WNDS • DE: MOINES r �
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t
ry.
the Redeveloper becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such
direction by the City, the Redeveloper may request the City to enter
Into such litigation to protect the interests of the City.
SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions of
the greement are intended to or sha be merged by reason of any deed
transferring title to the Property from the City to the Redeveloper or any
successor in interest, and any such deed shall not be deemed to affect or
impair the provisions and covenants of the Agreement.
SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any title of the several
parts, Articles, and Sections of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or
interpreting any of its provisions.
II -18
......MICRDFWIED BY 1 -
JORM MICR+LAE3
CEDAR RAPIDS - DES MOINES 1,
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1�
RESOLUTION NO. 83-298
A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO
ATTEST THE FY84 AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE
CITY OF UNIVERSITY HEIGHTS FOR THE PROVISION OF TRANSIT SERVICE
WITHIN THE CORPORATE LIMITS OF UNIVERSITY HEIGHTS.
WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any
power which may be exercised by a public agency of this state, may be
exercised jointly with another public agency having such power, and
WHEREAS, it is in the mutual interest of the parties to encourage the use
of public transportation by residents of Iowa City and University Heights,
and
WHEREAS, the City of Iowa City and the City of University Heights have
negotiated a 28E Agreement for the provision of transit services within
the corporate limits of University Heights, a copy of which agreement is
attached and by this reference made a part hereof.
j NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY
THAT:
1. The Mayor is hereby authorized to sign and the City Clerk to attest
the FY84 28E agreement between the City of Iowa City and the City of
University Heights.
- 2. The City Clerk is directed to file a copy of said agreement with the
Secretary of State and the Johnson County Recorder as required by
Chapter 28E, Code of Iowa.
It was moved by BalmPs and seconded by McDonald the
III Resolution be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
i
X Balmer
X Dickson
X Erdahl
X Lynch
X McDonald
X Neuhauser
X Perret
Passed and approved this 13th day of September 1983.
i
c '�,{p, OA /41L1✓
MAYOR
ATTEST:
CITY -CLERK
Recetved & Approved
By The Legal Department
gs�
.'...... �.__MICROFMID..BY
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t JORM; MICR+LAB i
{i CEDAR 111!05 • US MOINES 1
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AGREEMENT FOR TRANSIT SERVICES
THIS AGREEMENT, made and entered into this 13th day of September 1983,
by and between the City of Iowa City and the City of University Heights,
municipal corporations.
WHEREAS, Chapter 28E of the Code of Iowa provides, in substance, that any power
which may be exercised by a public agency of this State, may be exercised
jointly with another public agency having such power, and
WHEREAS, it is in the mutual interest of the parties to encourage the use of
public transportation by residents of Iowa City and University Heights.
NOW, THEREFORE, it is hereby agreed by and between the City of Iowa City and the
City of University Heights, as follows:
I. Scope of Services: The City of Iowa City shall provide public transit
services to the City of University Heights. It is hereby agreed that Iowa
City shall determine the scheduling of buses, the routes and the location
of bus stops within University Heights. It is agreed that residents of
University Heights will obtain the same level of service as residents of
Iowa City who are served by the same routes.
II. Duration: The term of this agreement shall commence July 1, 1983, and
shall continue through June 30, 1984.
III. Termination: This agreement may be terminated upon thirty days written
notice by either party.
IV. Compensation: The City of University Heights agrees to pay $21,012 for the
provision of public transit service as herein described. Payment shall be
made in twelve monthly payments of $1751 each, to be received by the City
of Iowa City on or before the fifteenth of each month, with first said
payment due on or before July 15, 1983.
V. This agreement shall be filed with the Secretary of the State of Iowa and
the County Recorder of Johnson County, Iowa.
CITY OF IOWA CITY, IOWA CITY OF UNIVER TY HEIGHTS, IOWA
t�
BY:8Y:
JMdYOR MAYOR
ATTEST: , , ,J �. flea a� ATTEST:
CITY CLERK ete7 ITY ILERI
Rwivad & Approved
ay Us Logo) Do gar m ni
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.._.,...._.._.:.MICROEILMED.By.
_._.......0
` JORM MICR¢LAB
-CEDAR RRPM • DES MOINES
MARY JANE ODELL
SECRETARY O, STATE
{OP y
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btafC Of Nwn
4etretarp of 6tate
?Drie 1inoinCg
December 20, 1983
Marian K. Karr, CMC
City Clerk
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
Re: 28E Agreement for Transit Services between City
of Iowa City and the City of University Heights
Dear Marian:
We have received the above described agreement,
which you submitted to this office for filing, pur-
suant to the provisions of Chapter 28E, 1983 Code
of Iowa.
You may consider the same filed as of December 20,.
1983:
MJO/d
C rdially,
Mao
ARY JA ODELL
Secreta y of State
..:.....MICROFAMED.BY_._ - .....�:.....
t JORM,.MICR+LAB
-CEDAR RAPIDS DES MOINES
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51ATC CAPITOL BUILDNG
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51520/5064 I
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MARY JANE ODELL
SECRETARY O, STATE
{OP y
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4 �J
n/lr JAY
btafC Of Nwn
4etretarp of 6tate
?Drie 1inoinCg
December 20, 1983
Marian K. Karr, CMC
City Clerk
Civic Center
410 E. Washington St.
Iowa City, Iowa 52240
Re: 28E Agreement for Transit Services between City
of Iowa City and the City of University Heights
Dear Marian:
We have received the above described agreement,
which you submitted to this office for filing, pur-
suant to the provisions of Chapter 28E, 1983 Code
of Iowa.
You may consider the same filed as of December 20,.
1983:
MJO/d
C rdially,
Mao
ARY JA ODELL
Secreta y of State
..:.....MICROFAMED.BY_._ - .....�:.....
t JORM,.MICR+LAB
-CEDAR RAPIDS DES MOINES
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51ATC CAPITOL BUILDNG
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51520/5064 I
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IF
w` RESOLUTION NO. 83-299
RESOLUTION ADOPTING THE MILLER/ORCHARD NEIGHBORHOOD IMPROVEMENT PLAN,
AS REQUIRED BY CHAPTER 403 OF THE CODE OF IOWA.
WHEREAS, the City of Iowa City, Iowa, is empowered pursuant to Chapter 403, Code
of Iowa, to formulate a program for utilizing appropriate public and private
resources to eliminate slums and prevent the development or spread of urban
blight and to encourage urban rehabilitation; and
WHEREAS, the Miller/Orchard Neighborhood has been found to be in need of
conservation, rehabilitation and improvement, to prevent urban decay and the
spread of blight; and
WHEREAS, a project area has been designated as appropriate for such conserva-
tion, rehabilitation and improvement; and
WHEREAS, the City of Iowa City has developed a plan for the conservation,
rehabilitation and improvement of this project area; and
WHEREAS, said plan has been reviewed by the Iowa City Planning and Zoning
Commission and has been found to be in conformance with the Comprehensive Plan
for Iowa City; and
WHEREAS, the City of Iowa City has held a public hearing on the Miller/Orchard
Neighborhood Improvement Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY that
the Miller/Orchard Neighborhood Improvement Plan be adopted, and it is hereby
found by the City Council that:
1. The Miller/Orchard Neighborhood Improvement Plan conforms to the
(Comprehensive Plan for Iowa City, Iowa, and
2. Should it be necessary; a feasible method exists for relocating persons and
families who may be displaced from the neighborhood improvement area into
decent, safe and sanitary dwellings accommodations within their means and
without undue hardship to such persons and families.
It was moved by Lynch and seconded by Balmer the Resolution
be adopted, and upon roll call there were:
AYES: NAYS:
ABSENT:
X
Balmer
X —_
Dickson
X
Erdahl
X
Lynch
X
McDonald
X
Neuhauser
X Perret
Passed and approved this 13th day of September , 1983.
ATTEST:
CI Y CLERK
�C -4 IDr,I,lo,(
MAYOR Received $ Approved
BYThe gal i)e a nt
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__. ..._ ....._.......MICROFILMED. BY_._.:......�.
JORM MICR+LAB
-CEDAR RhPIDS • DE: MOINES
I
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■
Authorization ,._Id Issuance Proceedings
IDR -09072 (Auth)
Iowa City, IOwa
Septerber 13 1983
The City Council of Iowa City, Iowa, met in semrlar session
on that the day of September , 1983, at 7:30 o'clock
�'v=� �PntP in the City. The meeting was
called to order and there were present Mery Neuhauser Mayor, in
the chair, and the following named Council Members:
Balmer, Dickson, Erdahl, Lynch, McDonald, Neuhauser.
Absent: Perret
The Council investigated and found that notice of intention to
issue Commercial Development Revenue Bond, Series 1983 (Viva
Investments Project) in an aggregate principal amount
$500,000, had as directed by the City Council, not to exceed
been duly .given
according to law and a hearing held thereon and the Council authorized
the Issuer to proceed with the issuance of such Bond.
Council Member—Ba>iner introduced a Resolution entitled: -
"Resolution authorizing the issuance and sale of
a Commercial Development Revenue Bond I
(VivaInvestments Project)
of the City of Iowa City, Iowa,
in an 'aggregate principal amount not to exceed $500,000, to
finance the costs of the acquisition of a building,
and the rehabilitation and renovation of the building,
and certain leasehold improvements therein, „ l
for Viva Investments,
an Iowa partnership; the execution of a Lender Loan {
Agreement with First National Bank, Iowa City, Iowa,
providing the terms and sale of such bond; the
execution and delivery of a Loan Agreement with
Viva Investments providing for the „I
repayment of the loan of the proceeds of such bond,
and related matters",
and moved its adoption, seconded by Council Member
ld
After due consideration of said resolution by the Counc l,nathe Mayor
Put the question on the motion and upon the roll being called the
following named Council Members voted:
Ayes: palmar, nirkcOn, Frr3ahl Tt^rh McDonald Ne %+
er
Nays: Y None �
Whereupon the Mayor declared said Resolution duly adopted and
approval was signed thereto.
-1-
BELIN,. HARRIS. HELMICK. HEARTNEY 8 TESDELL. LAWYERS, OES MOINES. IOWA
r53
/
�... �. ._. _. 141CROF I LMED. BY _..... ..�
t JORM MICR¢LAB
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-CEDAR RAPIDS • DES MOINES
t
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Upon motion and vote, the meeting adjourned.
-Z-
BELIN-HARRIS, HELMICK. HEARTNEY A TESOELL. LAWYERS. DES MOINES. IOWA
I
__.._....__.__.....MICROFIWED .BY..,____._�.. _
- JORM MICR#LAB
CEDAR Rh IDS • DES MOINES
i
6 1
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83-300
RESOLUTION
"Resolution authorizing the issuance and sale of
a Commercial Development Revenue Bond
(Viva Investments Project)
of the City of Iowa City, Iowa,
in an aggregate principal amount not to exceed $500,000, to
finance the costs of the acquisition of a building,
and the rehabilitation and renovation of the building
and of certain leasehold improvements therein
for Viva Investments,
an Iowa partnership; the execution of a Lender Loan
Agreement with First National Bank, Iowa City, Iowa,
providing the terms and sale of such bond; the
execution and delivery of a Loan Agreement with
Viva Investments providing for the
repayment of the loan of the proceeds of such bond,
and related matters",.
WHEREAS, the City of Iowa City, Iowa, in the County of Johnson,
State of Iowa (the "Issuer") is an incorporated municipality authorized
and empowered by the provisions of Chapter 419 of the Code of Iowa,
1983, as amended (the "Act") to issue revenue bonds for the purpose of
financing the cost of acquiring, by construction or purchase,
improvements and equipment, or any interest therein, suitable for the
use of any commercial enterprise which the City Council finds is
consistent with an urban renewal plan adopted by the Issuer pursuant to
Chapter 403 of the Code of Iowa; and
WHEREAS, the Issuer has made the necessary arrangements with Viva
Investments (the "Company"), an Iowa partnership, for its acquisition
of a building, the rehabilitation and renovation of the building and of
certain leasehold improvements therein, located within the Urban
Renewal Area of the Issuer at 328 E. Washington Street, in Iowa City,
Iowa (the "Project") for use as an office building, which' the Issuer
has found to be consistent with the Issuer's Urban Renewal Plan, i
Project No. Iowa R-14, for the Urban Renewal Area designated.in such
plan; and
WHEREAS, it is necessary and advisable that provisions be made for
the issuance of a Commercial Development Revenue Bond, Series 1983
(Viva Investments Project) of the Issuer in an aggregate principal
amount not to exceed $500,000 (the "Bond") as authorized and permitted
by the Act to finance the cost of the Project to that amount; and
WHEREAS, the Issuer will loan the proceeds of the Bond to the
Company pursuant to the provisions of a Loan Agreement dated as of
September, 1, 1983 (the "Agreement") between the Issuer and the Company
the obligation of which will be sufficient to pay the principal of,
redemption premium, if any, and interest on the Bond as and when the.
same shall be due and payable; and
WHEREAS, the Bond will be sold pursuant to and secured as provided
by a Lender Loan Agreement to be dated as of September 1, 1983 (the
"Lender Loan Agreement") by and between the Issuer and First National
Bank, Iowa City, Iowa, (the "Lender"); and,
-3-
BELIN,. HARRIS, HELMICK, HEARTNEY d TESDELL. LAWYERS. DES MOINES. IOWA
..�.� . .-111CROFILMED BY. ...I
JORM MICR+LAB
t( CEDAR RAPIDS • OE- MOINES 1
I 1
/aw.,
t
1
1
WHEREAS, the rights of the Issuer in and to the Agreement are
assigned to the Lender under the Lender Loan Agreement; and
WHEREAS, notice of intention to issue the Bond has been published
and this Council has conducted a public hearing pursuant to such
published notice, all as required by the Act and Section 103(k) of the
Internal Revenue Code, and has hereby determined that it is necessary
and advisable to proceed with the financing of the Project; and
WHEREAS, the Issuer has arranged for the sale of the Bond to the
Lender.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer,
as follows:
Section 1. Project Consistent with Urban Renewal Plan. That the
Issuer de ray t e cost UL acquiring, rehabilitating and renovating, and .
improving a commercial enterprise consisting of an office building
located within the Urban Renewal Area of the Issuer and consistent with
the Urban Renewal Plan by issuing the Bond and loaning the proceeds
from the sale of the Bond to the Company.
Section 2. Authorization of the Bond. In order to finance the
cost of the Project, the Bond shall be and the same is hereby
authorized, determined and ordered to be issued in an aggregate
principal amount not to exceed $500,000. The Bond shall be issued as a
single Bond in fully registered form, and shall be dated as of the date _
of issuance and delivery thereof and shall be executed, shall be in '
such form, shall be payable, shall have such prepayment provisions,
shall bear interest at such rates, and shall be subject to such other
terms and conditions as are set forth in the Lender Loan Agreement and I
Agreement. The Bond and the interest thereon does not and shall never
constitute an indebtedness of or a charge against the general credit or A
taxing power of the Issuer, but is a limited obligation of the Issuer
payable solely from revenues and other amounts derived from the
Agreement and the Project and shall be secured by an assignment of the
Agreement and the revenues derived therefrom. Forms of the Lender Loan
Agreement, the Bond and the Agreement are before this meeting and are -
-by this reference incorporated in this Bond Resolution, and the.City
Clerk is hereby directed to insert them into the minutes of the City
Council and to keep them on file.
Section 3. Lender Loan Agreement• Sale of the Bond. In order to
provide for the sale of the Bond to the Lender and the conditions with
respect to the delivery thereof, the Mayor and City Clerk shall
execute, acknowledge and deliver in the name and on behalf of the
Issuer, the Lender Loan Agreement in substantially the form submitted
to the City Council, which is hereby approved in all respects. The'
sale of the Bond to the Lender is hereby approved and the Mayor and
City Clerk of the Issuer are hereby authorized and directed to sell the
Bond to the Lender and the Lender is hereby authorized and directed on
behalf of the Issuer to make the loan of the proceeds of the Bond
pursuant to the Agreement directly to the Company as provided in the
Lender Loan Agreement.
-q_
BELIN, HARRIS, HELMICK, HEARTNEY d TESDELL, LAWYERS. DES MOINES. IOWA
f' I
_. 111CROFILMED. BY
JORM MICR+LAB l
i CEDAR RP PIDS • DES MOINES f
i I 1
Section 9. Repayment of Loan. That the Agreement requires the
Company in each year to pay amounts as loan payments sufficient to pay
the principal of, redemption premium, if any, and interest on the Bond
when and as due and the payment of such amounts -by the Company to the
Lender pursuant to the Agreement is hereby authorized, approved and
confirmed.
Section 5. The Agreement. In order to provide for the loan of
the proceeds of the Bond to acquire, and equip the Project and the
payment by the Company of an amount sufficient to pay the principal of
any premium, if any, and interest on the Bond, the Mayor and City Clerk
shall execute, acknowledge and deliver in the name and on behalf of the
Issuer the Agreement in substantially the form submitted to the City
Council, which is hereby approved in all respects.
Section 6. Miscellaneous. The Mayor and/or the City Clerk are
hereby authorized and directed to execute, attest, seal and deliver any -.
and all documents and do any and all things deemed necessary to effect
the issuance and sale of the Bond and the execution and delivery of the
Agreement and the Lender Loan Agreement, and to carry out the intent i
and purposes of this resolution, including the preamble hereto.
I
Section 7. Severability. The provisions of this resolution are i
hereby declared to be separable and if any section, phrase or I
provisions shall.for any reason be declared to be invalid,_such i -
declaration shall not affect the validity of the remainder of the i
sections, phrases and provisions.
Section 8. Repealer. All resolutions and parts thereof in jitit(
conflict herewith are hereby repealed to the extent of such conflict.
x
MIC
BELIN, HARRIS, HELMICK. HEARTNEY 6 TESDELL, LAWYERS, DES MOINES, IOWA
�... ._.. .. .:_...141CROFIL14ED.BY..._ .__..�
t JORM MICR+LAE3
t - CEDAR RAPIDS • DES MOINES
2 I
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Section 9. Effective Date. This resolution shall become
effective immediately upon adoption.
Passed and approved this 13th day of Se
ptember 1983.
Mayor 0
Attest:
■
City Clerk
(Seal) i
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BELIN, HARRIS, HELMICK. HEARTNEY 8 TESDELL. LAWYERS. DES MOINES. IOWA
i
....___,.MICRDFILMEO.DY_._.
JORM MICR+LAB
• CEDAR RkIIS • DE: MOINES
1
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City Clerk
(Seal) i
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BELIN, HARRIS, HELMICK. HEARTNEY 8 TESDELL. LAWYERS. DES MOINES. IOWA
i
....___,.MICRDFILMEO.DY_._.
JORM MICR+LAB
• CEDAR RkIIS • DE: MOINES
1
STATE OF IOWA -
COUNTY OF JOHNSON SS:
CITY OF IOWA CITY
I, the undersigned, do hereby certify that I am the duly ,
appointed, qualified and acting City Clerk of the City of Iowa City, in
and as
Johnson
thete of completeacorporatesuch I hve in recordsaOf saidYCitysandlits or
1
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 complete copy of all
the corporate records in relation to the adoption of the resolution
therein set out.
WITNESS my hand and the corporate seal of said City hereto affixed
this 13th day of September
1983.
i
..... ..._-MICROFILMED.BY....____....�
JORM MICR+LAB
CEDAR RAPIDS -.DES M011JES
f
t
Iowa City, Iowa
M
The City Council of Iowa City, Iowa, met in regular
1
session on the 13th day of September , 1983, at 7:30
o'clock P.M., at the City Hall in the City. TheThe meeting was
called to order by Mary Neuhauser , Mayor, and on roll call,
the following named Council Members were present: Balmer, Dickson,
Prciahi, Lynch, McDonald, Neuhauser.
Absent: Perret.
The Council investigated and found that notice of
intention to issue not to exceed $1,400,000 Industrial Development
Revenue Bonds (Millard Warehouse Project), had, as directed by the
Council, been duly given according to law and a hearing held
thereon and the Council determined to proceed with the issuance of
such Bonds. Council Member Lynch introduced and caused
to be read a Resolution entitle:
"Resolution authorizing the issuance and sale
'
of $1,400,000 Industrial Development Revenue
Bond (Millard Warehouse Project), the execution
and delivery of an Indenture of Trust to secure
said Bonds, and the execution and delivery of a
1
Loan Agreement with Larry A. Larsen d/b/a
-
Millard Warehouse."
and moved its adoption, which motion was seconded by Council
Member Balmer After due consideration of said Resolution
"
--t-Fe—Mayor put the question on the motion and upon
by the Counci ,
the roll being called, the following named Council Member
voted:
t
Ayes: Dickson, Balmer, Erdahl, Lynch, McDonald, Neuhauser
Nayes: None
Absent: p rret
Whereupon, the Mayor declared the said Resolution duly
adopted and signed his approval thereto.
Upon motion and vote, the meeting adjourned.
1
a
YUL
ATTEST:
i
l Clerk
(SEAL)
I
MICROFILMED BY. .�
Ij JORM MICR+LAE3
CEDAR R41DS • DES MOINES J
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RESOLUTION NO. 63-301
"RESOLUTION AUTHORIZING THE ISSUANCE AND SALE
OF $1,400,000 INDUSTRIAL DEVELOPMENT REVENUE
BOND (MILLARD WAREHOUSE PROJECT), THE EXECUTION
AND DELIVERY OF AN INDENTURE OF TRUST TO SECURE
SAID BONDS, AND THE EXECUTION AND DELIVERY OF A
LOAN AGREEMENT WITH LARRY A. LARSEN D/B/A
MILLARD WAREHOUSE."
WHEREAS, the City of Iowa City, Iowa (hereinafter
referred to as the "City"), is a municipal corporation organized
and existing under the laws and constitution of the State of Iowa,
and is authorized and empowered by Chapter 419 of the Code of Iowa
I
(hereinafter referred to as the "Act"), to issue revenue bonds for
the purpose of acquiring and constructing facilities and other
improvements which shall be suitable for the use of any industry
or commercial enterprise engaged in processing, storing, ware-
housing or distributing products of agriculture which will be
located within or near the corporate boundaries of the City (here-
inafter referred to as the "Project"), and to lease the Project to
Larry A. Larsen d/b/a Millard Warehouse (hereinafter referred to
as the "Company); and
WHEREAS, the City has made the necessary arrangements
with Larry A. Larsen d/b/a Millard Warehouse (the "Company") for
the location of a "project" as defined in the Act (the "Project")
within the corporate boundaries of the City; and
WHEREAS, notice of intention to issue Industrial
Development Revenue Bonds (Millard Warehouse Project) of the City
(whether one or more, the "Bonds"), has heretofore been duly given
and the City has conducted a public hearing on the proposal to
j_.. _......_._.MICROFILMED.BY_..,.__._-..1.. .-
JORM MICR+LAE3 1
•CEDAR RAPIDS • DES MOINES 1 1
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issue the Bonds, all in the manner required by the Act, and the
City deems it necessary and advisable to proceed with the
issuance, sale and delivery of Bonds in the amount of $1,400,000
as authorized and permitted by the Act to finance the cost of the
Project to that amount; and
WHEREAS, the City will loan the proceeds of the Bonds to
IV
the Company pursuant to the provisions of a Loan Agreement to be
dated as of September 15, 1983, between the City and the Company
(the "Loan Agreement"), the obligations of which will be
sufficient to pay the principal of and interest and prepayment
premium, if any, on the Bonds as and when the same shall be
due; and i
WHEREAS, the City will sell the Bonds to the Original y
1
Purchasers as named and identified in the Indenture (the j
Purchasers") at a price of par and accrued interest, and the City
will execute and deliver an Indenture of Trust dated as of
September 15, 1983 (the "Indenture") to Norwest Capital Management i
& Trust Co., Nebraska, Omaha, Nebraska, (the "Trustee"), as
Trustee for the bondholders. e
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF �.
IOWA CITY, IOWA, AS FOLLOWS:
i
Section 1. It is hereby found and determined that the
Project is located within the boundaries of the City.
Section 2. That the Bonds in an aggregate principal
amount of $1,400,000 be and the same is hereby authorized and
l
ordered to be issued by the City, and to provide for the author-
ization of and to secure the Bonds under the Act, to finance the
j
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MICROFILME
D
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JORM. MICR+LAB 1
-CEDAR RI]'PIDS DES MOINES 1
Project and necessary expenses incidental thereto and to prescribe
the terms and conditions upon which the Bonds are to be secured,
executed, authenticated, accepted and held, the Mayor is hereby
authorized and directed to execute and acknowledge the Indenture,
and the Clerk is hereby authorized and directed to attest the same
and to affix the seal of the City thereto and to cause the Inden-
ture to be delivered to, accepted and acknowledged by the Trustee,
the Indenture which constitutes and is hereby made a part of this
authorizing Resolution, to be in substantially the form, text and
containing the provisions set forth in the official record of the
- j
proceedings of this meeting by the Council. It is hereby declared i
that the official form of the Indenture has been heretofore 1
approved by the Attorneys of the City and given due consideration
and approval by this Council. 1
' Section 3. That the City loan to the Company the i
proceeds of the Bonds pursuant to the Loan Agreement. That there
be and there is hereby authorized the execution of such a Loan
Agreement in the form and with the contents hereinafter set forth,
and the Mayor is hereby authorized and directed to execute and
i
acknowledge the Loan Agreement, and the Clerk is hereby authorized
and directed to attest the same and affix the seal of the City
thereto, the Loan Agreement, which constitutes and is hereby made
a part of this authorizing Resolution, to be in substantially the
form, text, and containing the provisions set forth in the
official records of the proceedings hereof. It is hereby declared
that the official form of the Loan Agreement has been heretofore
I
"
`J... MICROFIU4EO.BY.._
r,
JORM MICR + LAB
CEDAR RAIDS • DEE MOINES 1
1
i
approved by the Attorneys for the City and given due consideration
and approval by this Council.
Section 4. That the sale of the Bonds to the Purchasers
upon the terms of
P par and accrued interest be and the same is
hereby directed and approved.
Section 5. That the Mayor and the Clerk are hereby
authorized and directed to execute any and all documents and do
j
any and all things deemed necessary in order to effect the
accomplishment of the Project, the issuance and sale of the Bond
and the execution and delivery of the Loan Agreement and the
j
Indenture and to carry out the intent and purpose of this i +
Resolution. j
i Section 6. That the provisions of this Resolution are (`
i
hereby declared tp be separable and if any section, phrase or
provisions shall for any reason be declared to be invalid, such {
declaration shall not affect the validity of the remainder of the
sections, phrases and provisions. j
Section 7. That all resolutions and parts thereof in
I
conflict herewith are hereby repealed to the extent of such
conflict.
I
Section B. That this Rbsolution shall become effective
9
immediately upon its passage and approval. v
PASSED AND APPROVED this 13th day of September ,
tt�
1983.
ATTEST: Mayor
Y
City Clerk
_ - (SEAL)
I
MICROFILMED BY__..
JORM MICR+LAB
j#{ CEDAR OPIDS • DES MDINES I 1
1.
I, the undersigned, being first duly sworn, do hereby
depose and certify that I am the duly appointed, qualified and
acting City Clerk of the City of Iowa City, in the 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 complete copy of
all of the corporate records showing the action taken by the City
Council of said City at a meeting open to the public which was
called in accordance with Chapter 28A of the Iowa Code, and notice
to the general public and news media was made twenty—four (24)
hours prior to the time of the meeting.
WITNESS, my hand and the Corporate Seal of the City
hereto affixed at Iowa City, Iowa, this 13th day of September
1983.
(SEAL)
_._.....f. ,__._.MICRGFILMED.AY-
1 JORM. MICR+LAB
-CEDAR. RFPIDS • DE: MOINES
I
City Clerk
It'
I
i
r
{
is
r,
_.i
i
J
I
i
i
I, the undersigned, being first duly sworn, do hereby
depose and certify that I am the duly appointed, qualified and
acting City Clerk of the City of Iowa City, in the 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 complete copy of
all of the corporate records showing the action taken by the City
Council of said City at a meeting open to the public which was
called in accordance with Chapter 28A of the Iowa Code, and notice
to the general public and news media was made twenty—four (24)
hours prior to the time of the meeting.
WITNESS, my hand and the Corporate Seal of the City
hereto affixed at Iowa City, Iowa, this 13th day of September
1983.
(SEAL)
_._.....f. ,__._.MICRGFILMED.AY-
1 JORM. MICR+LAB
-CEDAR. RFPIDS • DE: MOINES
I
City Clerk
It'
I
�1
6 1
RESOLUTION NO. 83-302
RESOLUTION APPROVING IOWA CITY AIRPORT CODPIISSION PROPOSAL
TO FAA TO REINSTATE COMPLIANCE STATUS OF THE IOWA CITY
AIRPORT AND ESTABLISH ELIGIBILITY FOR FEDERAL FUNDING
WHEREAS, the Iowa City Airport Commission has recommended
to the City Council that a written proposal be sent to the
Federal Aviation Administration, Kansas City, Missouri; and
WHEREAS, said proposal is developed to remove the Iowa City
Airport from its present status of non-compliance to the
status of compliance with federal requirements in order to
re-establish eligibility for federal funding; and
WHEREAS, the City Council has examined and hereby approves
the proposal of the Iowa City Airport Commission and finds
that adoption of the proposal would be in the public interest;
and
WHEREAS, the proposal is designed to further the development
of the Iowa City Airport including the development of runway
6-24 as the preferred instrument approach runway and the City
of Iowa City will be required to expend certain public moneys
as set out in the proposal equivalent to ten percent of the
total estimated cost with the Federal Aviation Administration
providing ninety percent of the funding for the total estimated
cost in the event that federal funding is available; that
City moneys will be expended only if there is an assurance
that federal funding equivalent to ninety percent will be
made available; and
WHEREAS, the City Council of Iowa City hereby reaffirms its
support for general aviation operations at the Iowa City Air-
port and for the improvement and development of the Airport.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOIVA CITY,
IOIVA,
That the Mayor is hereby directed to send the Iowa City Air-
port Commission proposal to the Federal Aviation Administration
with an appropriate letter stating the Iowa City Council's sup-
port for the proposal.
It was moved by Erdahl and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
_,_..-_MICROFILMED.BY..._-__..'_ _.
- JORM MICR( LAB
i
CEDAR. WP! DES MOINES
t} I
i
i
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6 1
RESOLUTION NO. 83-302
RESOLUTION APPROVING IOWA CITY AIRPORT CODPIISSION PROPOSAL
TO FAA TO REINSTATE COMPLIANCE STATUS OF THE IOWA CITY
AIRPORT AND ESTABLISH ELIGIBILITY FOR FEDERAL FUNDING
WHEREAS, the Iowa City Airport Commission has recommended
to the City Council that a written proposal be sent to the
Federal Aviation Administration, Kansas City, Missouri; and
WHEREAS, said proposal is developed to remove the Iowa City
Airport from its present status of non-compliance to the
status of compliance with federal requirements in order to
re-establish eligibility for federal funding; and
WHEREAS, the City Council has examined and hereby approves
the proposal of the Iowa City Airport Commission and finds
that adoption of the proposal would be in the public interest;
and
WHEREAS, the proposal is designed to further the development
of the Iowa City Airport including the development of runway
6-24 as the preferred instrument approach runway and the City
of Iowa City will be required to expend certain public moneys
as set out in the proposal equivalent to ten percent of the
total estimated cost with the Federal Aviation Administration
providing ninety percent of the funding for the total estimated
cost in the event that federal funding is available; that
City moneys will be expended only if there is an assurance
that federal funding equivalent to ninety percent will be
made available; and
WHEREAS, the City Council of Iowa City hereby reaffirms its
support for general aviation operations at the Iowa City Air-
port and for the improvement and development of the Airport.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOIVA CITY,
IOIVA,
That the Mayor is hereby directed to send the Iowa City Air-
port Commission proposal to the Federal Aviation Administration
with an appropriate letter stating the Iowa City Council's sup-
port for the proposal.
It was moved by Erdahl and seconded by Dickson
the Resolution be adopted, and upon roll call there were:
_,_..-_MICROFILMED.BY..._-__..'_ _.
- JORM MICR( LAB
i
CEDAR. WP! DES MOINES
t} I
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Resolution N••33-302
,.,
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Page 2
AYES: NAYS:
ABSENT:
X
Balmer
X
Dickson
X
Erdahl
X
Lynch
X
McDonald
X
Neuhauser
X Perret
Passed and approved this 13thday of September , 1983.
II r a
nuvoR "
ATTEST: rn CLEi
CITYgRK
. _.
Received g AWwad
by Th legal Depawdnwg
JORIM MICR+LAB
CEDAR RAPIDS • DESMOINES