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Home My WebLink About1983-10-11 ResolutionRESOLUTION NO. 83-326 RESOLUTION TO ISSUE CIGARETTE PERMITS WHEREAS, the following firms and persons have made appli- cation and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications be granted and the City Clerk be and he/she is hereby directed to issue a permit to the following named persons and firms to sell cigarette papers and cigarettes: Harris Discount, 71 Commercial Drive, Iowa City, Iowa i It was moved by Lynch and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer X Lynch X Erdahl X Neuhauser X Perret X McDonald X Dickson X Passed and approved this lith day of October 19 83 Mayor I Attest: —C'ilty Clerk ao•7o RESOLUTION NO. 83-327 RESOLUTION ACCEPTING THE WORK FOR PAVING AND STORM SEWER IMPROVEMENTS FOR LOT 62 OF PART TWO MACBRIDE ADDITION TO IOWA CITY WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, For the paving and the storm sewer improvements in the resubdivision of the multi -family portion of the P.A.D. (Lot 62) of Part Two Macbride Addition to Iowa City. 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 accepted by the City of Iowa City. It was moved by L cli and seconded by Perret that the resolution aT_read_b_e_a_Fo_p_teF, and upon roll ca there were: AYES: NAYS: ABSENT: X Balmer E Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this 11thday of October 1983 . -�A� C. oa J MAYOR ATTEST: R,xt, lved u Acproved CITY CLERK (; The legal Doparhnont - -e°?a �. 1 CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 i ENGINEER'S REPORT OCTOBER 4, 1983 Honorable Mayor and City Council —j Iowa City Iowa Dear Honorable Mayor and Councilpersons: I I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Storm Sewer Improvements for the Resubdivision of Lot 62 of Part Two - MacBride Addition as constructed by Dave Schmidt Construction Company, Inc. of Cedar Rapids, Iowa. Paving Improvements for the Resubdivision of Lot 62 of Part Two - MacBride Addition as constructed by Metro Pavers Inc. of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R e tfully fitted, Frank K. Farmer City Engineer bdw2/1 I Z 1 RESOLUTION NO. 83-328 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER IN WALDEN SQUARE SUBDIVISION IN IOWA CITY WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, For the sanitary sewer in Walden Square subdivision in Iowa City, Iowa as constructed by Weber Brothers of Mechanicsville, Iowa 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 accepted by the City of Iowa City. It was moved by L ch and seconded by Perrot that the resolution as read be adopted, and upon roll ca there were: AYES: NAYS: ABSENT: X Balmer R Dickson X Erdahl R Lynch X McDonald R Neuhauser X Perret Passed and approved this 11th day of October 1983 , �na�ala, C. �Akulk �y, / 'l MAYOR ATTEST: /�(awca .�yi . 7C,.nnJ Ceceived $ ,Approved CITY CLERK BY 1110 Legal Department 10 dam_ moa 3 1. 1 ■ 1 J` *,CITY OF IOW; CITY i CMC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT October 4, 1983 i Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. I Sanitary Sewer Improvements for Walden Square Subdivision as constructed by Weber Brothers of Mechanicsville, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Frank K. Farmer I City Engineer i tp2/5 ; i ; ao� 3 3 RESOLUTION NO. 83-329 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER FOR ASPEN LAKE SUBDIVISION PART I, IN IOWA CITY WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, For the sanitary sewer for Aspen Lake Subdivision, Part I in Iowa City as constructed by Dave Schmitt Construction Company, Cedar Rapids, Iowa. i 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 accepted by the City of Iowa City. It was moved byand seconded by Perret that the resolution as reads read 'bhe and upon roll call there were: i AYES: NAYS: ABSENT: X Balmer x Dickson i y Erdahl _xL Lynch -L_ McDonald X Neuhauser Perret Passed and approved this 11th day of October 19 83, � I/1/I.h �{A,�AA A4 MAYOR ATTEST:,�Q�i CLER7et4-) Received & Approved } a, CITY K By The Legal Department to L gam_ o •� Jot Z CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT October 4, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary Sewer Improvements for Aspen Lake Subdivision, Part 1, as constructed by Dave Schmidt Construction Company of Cedar Rapids, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, fvo .L K. 5&h Lti 60 E%6, Frank K. Farmer City Engineer tp2/6 ao0? PF RESOLUTION NO. 83-330 RESOLUTION ACCEPTING THE WORK FOR THE FY83 LANDFILL EXCAVATION PROJECT WHEREAS, the Engineering Division has recommended that the improvements covering the FY83 Landfill Excavation Project as included in a contract between City of Iowa City and Parkview Company of Iowa City, Iowa dated August 26, 1982 , be accepted, an 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. It was moved by Lynch and seconded by Perret that the resolution as read be a opted, 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 11th day of October 1983 ;ae— MAYO ATTEST: CITY CLERK Received & Approved By Tho Legal Department - I%3 a0.?S I CITY CSF IOW, CITY I CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT September 29, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The FY83 Landfill Excavation Project as constructed by Parkview Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R p ctfully b it j L l Frank K. Farmer City Engineer i tp4/12 i i aoaS J 11� �h CITY CSF IOW, CITY I CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT September 29, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The FY83 Landfill Excavation Project as constructed by Parkview Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. R p ctfully b it j L l Frank K. Farmer City Engineer i tp4/12 i i aoaS RESOLUTION NO. 83-331 RESOLUTION ACCEPTING THE WORK FOR THE SANITARY SEWER FOR WINDSOR HEIGHTS, SIXTH ADDITION WHEREAS, the Engineering Division has certified that the following improvements have been completed in accordance with the plans and specifications of the City of Iowa City, For the sanitary sewer for Windsor Heights, Sixth Addtion in Iowa City as constructed by H.D. Knowling Company. j i 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 accepted by the City of Iowa City. It was moved byL chi and seconded by Perret that the resolution as read— be adopted,. and upon roll ca there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald x Neuhauser X Perret Passed and approved this 11th day of October 19 83. 1 D.n J --m 1 A JAA IAA.LA MAYOR ATTEST:O ad rt rern e� Received & Approved CITY CLERK By ho Legal Depmtrncnt for .... _.............. _. ao.26 ■ 1 CITY OF IOWA CITY CHIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 ENGINEER'S REPORT October 4, 1983 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary Sewer Improvements for Windsor Heights Sixth Addition as constructed by H. D. Knowling Company of Iowa City, Iowa. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, �rcunlc K- Fw„w,4,% � . -PG. Frank K. Farmer City Engineer tp2/7 o2oa 6 ,�J RESOLUTION NO.83-332 RESOLUTION TO VACATE AN ACCESS EASEMENT ACROSS LOT 35 WINDSOR HEIGHTS FIFTH ADDITION AND ACCEPT, IN LIEU THEREOF, AN ACCESS EASEMENT ACROSS LOT 39 WINDSOR HEIGHTS SIXTH ADDITION. WHEREAS, the City of Iowa City has previously approved preliminary and final plats for Windsor Heights Fifth Addition and Sixth Addition; and, WHEREAS, a 15 foot access easement to the stormwater detention basin north of Windsor Heights Fifth Addition was granted across Lot 35 Windsor Heights Fifth Addition; and, WHEREAS, the owners of Lot 35, Gene A. and Annette Schlaegel, and the developer of said additions, Windsor Land Corporation, have requested that said easement across Lot 35 be vacated; and, WHEREAS, the developer, Windsor Land Corporation, have consented to grant to the City of Iowa City a 15 foot access easement across Lot 39 Windsor Heights Sixth Addition; and, WHEREAS, the access provided across Lot 39 meets the same functional requirements as the access across Lot 35, and has been reviewed and approved by the Department of Planning & Program Development and the Department of Public Works. NOW,THEREFORE, BE IT RESOLVED THAT THE CITY OF IOWA CITY HEREBY: 1. Vacates the 15 foot access easement across Lot 35 Windsor Heights Fifth Addition, and 2. Accepts, in lieu thereof, a 15 foot access easement across the northerly boundary of Lot 39 Windsor Heights Sixth Addition. It was moved byLurch 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 11th day of October 1983. C. MAYOR ATTEST: j CITY CLERK nAn Received R Apprnved BY TI LCU41 Depa�Tment �0� /7'�,( i A' J RESOLUTION NO. 83-333 RESOLUTION AMENDING THE LANGUAGE IN RESOLUTION 83-279 APPROVING THE PRELIMINARY PLAT OF OAKES THIRD ADDITION AND RESOLUTION 83- 120 APPROVING THE PRELIMINARY PLAT OF PRAIRIE VIEW ESTATES, PART 1, TO ELIMINATE THE REQUIREMENT TO RECORD THE PLATS. WHEREAS, Resolution 83-279 was approved on August 30, 1983, and Resolution 83-120 was approved on May 10, 1983; and WHEREAS, the language in both resolutions requires that "...the owner/subdivider record them at the Office of the County Recorder of Johnson County, Iowa"; and WHEREAS, Chapter 409 of the Iowa Code, 1983, "Plats" requires that final plats and their associated legal papers be recorded at the Office of the County Recorder; and WHEREAS, preliminary plats do not meet the criteria of Chapter 409 for recording and should not, therefore, be recorded; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify the approval of Resolution 83-279 and Resolution 83-120 and the associated preliminary plats. 2. That Resolutions 83-279 and 83-120 are hereby amended to delete the requirement that the owner/subdivider record the plats or the resolutions at the Office of the County Recorder of Johnson County, Iowa. It was moved by Erdahl and seconded by Dickson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: i X Balmer X Dickson X Erdahl X Lynch R McDonald K Neuhauser 1 Perret Passed and approved this 11thday o.�f^ October 1983.n MAYOR ATTEST: �n lin vi a� CITY CLERK Recciv^.d .°. R:opr+m�ed By Yh Leyal De �r man! - is ti �3 J RESOLUTION NO. 83-334 RESOLUTION APPROVING THE AMENDED FINAL LARGE SCALE NON- RESIDENTIAL DEVELOPMENT PLAN OF MILLARD WAREHOUSE, INC., PHASE ONE AND TWO, FOR THE PROPERTY LOCATED AT 2710 HIGHWAY 6 EAST, JOHNSON COUNTY, IOWA. WHEREAS, the owner, Millard Warehouse, Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval of the amended final LSNRD plan of Millard Warehouse, Phase One and Two; and WHEREAS, the Department of Planning and Program Development and the Public Works Department have examined the proposed amended LSNRD plan and have recommended approval of same; and WHEREAS, the amended final LSNRD plan has been examined by the Planning and Zoning Commission and after due deliberation the Commission has recommended that it be accepted and approved; and WHEREAS, the amended final LSNRD plan is found to conform with all of the requirements of the city ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amended final LSNRD plan of Millard Warehouse, Phase One and Two, is hereby approved. 2. That the City Clerk of the City of Iowa City, Iowa is hereby authorized and directed to certify the approval of this resolution and of the amended final LSNRD plan after passage and approval by law. The owner shall be responsible for recording them at the office of the County Recorder of Johnson County, Iowa, and returning a copy of such recorded documents to the office of the City Clerk before the issuance of any building permits is authorized. It was moved by McDonald and seconded by Balmer the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer Dickson Erdahl X Lynch _ X McDonald X Neuhauser X Perret Passed and approved this 11th day of October , 1983. ATTEST: %yJ� .A). n�a city CLERK Recoived & Approved 13y 1ha Legal Dopartmenl 07Oj4S t�> STAFF REPORT To: Planning & Zoning Commission Prepared by: Bruce Knight Item: S-8328. Millard Warehouse Date: October 6, 1983 Amended Final LSNRD GENERAL INFORMATION Applicant: Requested action: Purpose: Location: Size: Comprehensive plan: Existing land use and zoning: Surrounding land use and zoning: Applicable regulations: 45 -day limitation period: SPECIAL INFORMATION Public utilities: Public services: iTransportation: i I i f ............_._...... . Millard Warehouse, Inc. 2710 Highway 6 East Iowa City, Iowa 52240 Approval of an amended final LSNRD plan. To permit construction of Phase II of the proposed development. 2710 Highway 6 East 10 acres Industrial Warehouse and MI North - undeveloped and MI East - undeveloped and MI South - undeveloped and C2, residential and RMH West - manufacturing and MI Provisions of the zoning, stormwater water management and LSNRD ordinances 11/10/83 Sewer and water service are available. Police and fire protection are available. Sanitation would be provided by private hauler. Vehicular access is proposed via Highway 6. a0 �s 7 2 Physical characteristics: The topography is relatively flat. ANALYSIS The applicant is requesting approval of an amended final LSNRD plan for Millard Warehouses, Inc. to allow construction of Phase 11 of the plan. The original plan for Phase I was approved by City Council on June 14, 1983. The proposed amendment makes several changes to the original plan to accomodate Phase II construction. These include a 36,612 square foot addition to the original 37,636 square foot structure approved for Phase I, a new parking area containing 75 parking spaces plus a nine space expansion of the 30 space lot and a five space expansion of the 15 space lot approved as part of the Phase I plan. A major staff concern with the Phase II proposal regards the design of the westerly access to the new 75 space parking area. During review of Phase I, the applicants were required to design their driveway to allow a stacking space for a truck waiting to exit onto Highway 6. As proposed, the point of access for the new parking area eliminates this stacking space by creating an intersection at that location. Staff recommends that the parking area be redesigned so the access point comes out to the north (see attachment #3). This revision would require the elimination of four proposed parking spaces. In addition, tree islands are required between the drives entering the parking area and the parking spaces in those areas. These islands will eliminate an additional four spaces. However, the applicants still have adequate parking available to meet the current requirements. STAFF RECOMMENDATION Staff recommends that the amended final LSNRD plan for Millard Warehouses, Inc. be deferred. Upon resolution of the above concerns and the deficiencies and discrepancies listed below, staff would recommend approval. DEFICIENCIES AND DISCREPANCIES 1. The plan should be labeled "Amended Final LSNRD Plan for Phase I and II Millard Warehouse." 2. A signed statement of intent from the developer must be submitted including evidence of ownership, description of the proposed development jand an intended time schedule for completion. 3. Utility easements should be shown and dedicated. 4. The stormwater storage facility details shown on the original plan should be transferred to this plan. 5. The plans should be clearly labeled as to which improvements were approved on the Phase I plan and which are proposed as part of Phase II development. 6. Large trees in tree islands for parking coverage purposes cannot be closer than nine feet to the edge of the island. i J �1 3 7. The plans should be labeled to indicate the number of spaces provided in each parking area. 8. The water service was labeled on the Phase I plan as a 6 inch service and is labeled on the current plan as a 10 inch service. 9. A signature block should be provided for the utility companies and City Clerk. ATTACHMENTS I. Location map. 2. Phase I plan. 3. Pr000sed Dorking area design. 1 �OCNTION MNP s-a3z.8McF,` 0,111,11 CCCCCC\\\ DO :�_ _ .... ... .... .' IIS Fav � II i I o i i RoV., L � , NOTES I. w ,- Il.., n._,.wlrn r.lnx I i." f •�,p , I ,• WI, II JI' � ' fJJ/' I Y • f el /7 � II f �''%�.. rN• @ :I r,.N - Ip : ••a...v J' x YI <I x m l flbl 1 r \':I — '—" 9 4 "i �'' .` I •. :;—__ I•_____. ..�__—'1_-'1-----I-rf� r-1- C�/�'�/ .1 I �.-s•—/-'_ _- _•._• _1� l_ � A• ..,.rxc I/ I I � I_rll lu.l'x ''�K _r � •• / II IN ON leb' NO a�14:I ..•• 'l i' ZI—' -� rj� e'•I�i•A amu: �'•I v \ I. . L.•n Iv Ilv. u..xl 1 / -� iM1ll] •,l� I I i N�`J I 1`. �,(LIIII'I�/�' II 1 � I I s • X11 \ I I I I�'; .r / I Ir.r•. .m [I 0 1/ i I Slx 11 I• � (r..d--�-II'I AAA e1"10NOMMD O"ryI eIRGNY \ II � I• = G `I.I � " , I ..u'I ..-( r., mr, IIJ J.. 11,.?ii°:�"';°."I I II�I,I }�, i• •� .I'r I I I; I ' ! I 1 I If \ ' I a I I — it ° • "� � ' IJl I '� /. .:1 � I � / I ' I L. � I � '1 I L.�i I :I � ' 1�;. 'lL •--_�" III \� .l. .III � I i /.— �--- / .� / �s:' . �'n I i � , / I II i I I �nFAt •J..._ I I 1 M ~. I �t-.:. .7•re SITE •`' • e, yF—� 'n`I ,� . n.n• `V "IIP ylE0EN0 I < 4 . r / • • : °^ PMIiI"djp"'�'- a`• 1 INTAKE RETAIL STORM WATER OUTLET LAFOC 3CAlC NON•Rf5/OLNI/<l L1LV(IOYAILNJ /• ' F_JN FOR R/IAlC I \4') AI/AfAA(J IVJRLNOOBC, /NC. ylll� / we •w..o uxl O. Cr( /NO.nNA:/AL O4RA-, /OIV4 C/JJ, /4 CA•VPLRfON. 4ACN/Jf:J , Rl6 N}}O. (CO .Yx "FMOx[OVI ..r IJ JI H..• I'Al. Al.1. 11 "�iYN '1 �I LOCATION MAP ury IT low" cnr { urr ntex r.. �-+Yliw INu• iJr .Jox�li: MII •NMe I, Ielf °ue —l:m:n .eNliaxl u"onrlMa-xnrzer uumnu .u.nr uu 1167.' 7WER N i _ . 1 ull, AI i _ . Ls^ % GRASS GI�\ N + \ TOP OF PAV/NG 8767 - �OPLM/T kAtr6 0 A. hP MA/R F7/ASES� G./. ril .y �n� ••� c� ♦I._ w '` Oq _ tsCao.Moz- 7;73 EY/6T, _ , J TOTAL AREA : P/N FL.,EL. 9P.o TDP Of ` \ •, \ 200' l80' i I 12 4.68' -- j di RESOLUTION NO. 83-335 RESOLUTION AUTHORIZING AND APPROVING AN AMENDMENT TO THE 1983 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM AND BUDGET. WHEREAS, the City of Iowa City is the recipient of Community Development Block Grant (CDBG) funds granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, the City of Iowa City will not receive CDBG program income from the sale of certain redevelopment parcels; and WHEREAS, Independent Living, Inc. has been unable to fulfill the City's requirements for the allocation of $70,000 for a center for the program; and WHEREAS, the City of Iowa City wishes to use the $70,000 for rehabilitation of the Hillcrest Family Services Facility and the renovation of the Nelson Adult Center. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the amendment to the 1983 Community Development Block Grant Program and Budget (more particularly described in Exhibit A hereof) is hereby authorized and approved. It was moved byMc0onald and seconded by Ralmpr the Resolution be adopted, an upon ro 1 call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X Perret Passed and approved this lith day of October`- 1983. JAL L-ij R V ATTEST:CL X • 9Cn �n CITY CLERK Gocaved & Approved By Tho Legal Depait=111 to oTot�� I ,�I Sources of Funds CDBG Entitlement Funds Program Income , TOTAL 824,000 824,000 EXHIBIT A PROPOSED BUDGET AMENDMENT October 11, 1983 1983 CDBG PROGRAM B -83 -MC -19-0009 Project or Activity Authorized Budget Proposed Budget 4/15/83 General Program Administration $102,170 $102,170 Community Development Planning 12,500 12,500 Flood Plain Maps Creekside NSA Storm Drainage .138,600 138,600 North Dodge Area Sidewalks 27,680 27,680 Housing Rehabilitation and Weatherization 165,000 165,000 Housing Code Enforcement 14,400 14,400 Assisted Housing Acquisition & Development 75,000 75,000 Congregate Housing 50,000 50,000 Systems Unlimited Group Homes for 100,000 100,000 Handicapped Children Hillcrest Family Services Transitional Facility 73,500 93,500 for Chronically Mentally Ill Adults Independent Living Center 70,000 0 Nelson Adult Center Renovation 0 50,000 Contingency/Property Management/Disposition 35,135 4,294 TOTAL $863,985 $833,144 Sources of Funds CDBG Entitlement Funds Program Income , TOTAL 824,000 824,000 39,985 9,144 $863,985 $833,144 f 4, RESOLUTION NO. 83-336 RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF RUNDELL, DEARBORN, AND CENTER STORM SEWER IMPROVEMENTS PROJECT ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. WHEREAS, notice of public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project was published as required by law, and the hearing thereon held. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby approved. 2. That the amount of bid security to accompany each bid for the construction of the above-named project shall be in the amount of 10% of Bid payable to Treasurer, City of Iowa City, Iowa. 3. That the City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city not less than four (4) nor more than twenty (20) days before the date established for the receipt of bids. 4. That bids for the construction of the above-named project are to be received by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center, until 10:00 A.M. on the 1st day of November 19 83 Thereafter, the bids wi be'Ti opeFby the City Engineer or his He gnee, an thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said bids at its next meeting to be held at the Council Chambers, Civic Center, Iowa City, Iowa, at 7:30 p.m. on the 8th day of November , 19 83 It was moved by ____Inch and seconded by Perret that the resolution as read be adopted, an upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Dickson X Erdahl X Lynch X McDonald X Neuhauser X _ _ Perrot Passed and approved this 11thday of October 19 83. MAYOR Hr1A�^ ATTEST: %{gni,,, ,) K, XcLnn) Received & Approved CITY CLERK By The Legal Doartmonl l0 63 as �9 j This being the time and place fixed for a public hearing on the matter of the adoption of plans, specifications, form of contract, and estimated cost for the construction of the 1984 Special Paving Assessment Project Tanglewood Street - Ventura Avenue St. Anne's Drive, the Mayor called for any oral objections to the making of said improvements, or to the adoption of the plans, specifications, form of contract or estimate of cost. No oral objections were offered and the Clerk reported that no written objections thereto had been filed. Council Member Balmer introduced the following Resolution entitled "RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST" and moved that the same be adopted. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Dickson Balmer, Erdahl, Lynch, DicDonald, Neuhauser. Perret NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 83-337 RESOLUTION ADOPTING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATED COST WHEREAS, on the 11th day of October, 1983, plans, specifications, form of contract and estimated cost were filed with the Clerk of Iowa City, Iowa, for the construction of the 1984 Special Paving Assessment Project Tanglewood Street -Ventura Avenue St. Anne's Drive, within the corporate limits; and WHEREAS, said plans and specifications are consistent and in compliance with the final grades heretofore established by ordinance for all streets to be improved; and WHEREAS, notice of hearing on plans, specifications, form of contract, and estimated cost was published as required by law: NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the said plans, specifications, form of contract and estimated cost are hereby approved as the plans, specifications, form of contract and estimated cost for said improvements for said project. PASSED AND APPROVED, this 11th day of October, 1983. Ril/lll_l1lI�II�II . �.A�1'1.1J11�ll�.i ATTEST: a0S/ 1 I October 11 , 1983 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, City Hall, Iowa City, Iowa, at 7:30 o'clock P.M., on the above date. There were present Mayor �1�y C Nrnh^neer in the chair, and the following named Council Members: Palmer_ Dirksnn Frdahl Iv.rh M n,n ld Absent: i -1- AHLEOS. COONEY. DOHWEILEH. HAYNIE A SMITH. LAWYENS. DEB MOINES. IOWA Ij I October 11 , 1983 The City Council of Iowa City, Iowa, met in regular session, in the Council Chambers, City Hall, Iowa City, Iowa, at 7:30 o'clock P.M., on the above date. There were present Mayor �1�y C Nrnh^neer in the chair, and the following named Council Members: Palmer_ Dirksnn Frdahl Iv.rh M n,n ld Absent: i -1- AHLEOS. COONEY. DOHWEILEH. HAYNIE A SMITH. LAWYENS. DEB MOINES. IOWA V 1 J Council Member Balmer introduced the following Resolution entitled "RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS" and moved its adoption. Council Member Dickson seconded the motion to adopt. The roll was called and the vote was, AYES: Erdahl Balmer Dickson Lunch McDonald Neuhauser, Perret NAYS: None Whereupon, the Mayor declared the following Resolution duly adopted: 83-338 RESOLUTION APPROVING CONTRACT AND BOND FOR IMPROVEMENTS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the construction contract and bond executed for the construction of certain public improvements described in general as paving improvements, and as described in detail in the plans and specifications heretofore approved, and which have been signed by the Mayor and Clerk on behalf of the City and proof of insurance coverage be and the same are hereby approved as follows: Contractor: Ahrens Construction of Harper, Iowa i Date of contract: September 28 1983 Bond surety: Merchants Bonding Company (Mutual); Des Moines, IA Date of bond: September 30 1983 Portion of project: Entire Prosect PASSED AND APPROVED, this 11th day of October ✓�1I��/11II —October 1983. MayorVI ATTEST: JLi�11L C��IIIY1 /� 2tiylea/lt Clerx _2_ j� ANLERS. GOONEY. DORWEILER. HAYNIE a SMITH. LAWYERS, DES MOINES. IOWA ao67 CIG -3 1-79 CERTIFICATE STATE OF IOWA ) SS COUNTY OF JOHNSON ) I, the undersigned City Clerk of Iowa City, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that pur- pose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 28A, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the com- mencement of the meeting as required by said law and with mem- bers of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 11th day of October , 1983. S EAL l79anta�Yi 7?J 7 �Ao Citg Clerk, Iowa City, Iowa AHLERS. COONEY. DORWEILER. HAYNIr A SMITH. LAWYERS, DEB MOINES. IOWA 0? o 4 RESOLUTION NO. 83-339 i RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF j COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY. WHEREAS, the City of Iowa City is the recipient of Funds granted by the U.S. Department of Housing & Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383), and Title I of Public Law 98-8 (the "Jobs Bill"); and, j WHEREAS, the City of Iowa City wishes to utilize such funds to provide an emergency housing facility for transient and other persons with emergency housing needs and to engage The Emergency Housing Project, Inc., to acquire, rehabilitate, and operate an emergency housing facility in the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with The Emergency Housing Project, Inc., to acquire, rehabilitate, and operate an emergency housing facility for transients and other persons with emergency housing needs. Said agreement is attached to this resolution and is incorporated herein by this reference. It was moved by Lmch and seconded by Perrot 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 lith day of October 1983. MAYOR ATTEST:J%92a; -e AA ) C TY C� LERK P.xohed A Approved By Tho Legal D:pnrhnenl io 6/g'3 d o6� 1. Li AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE EMERGENCY HOUSING PROJECT, INC. FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND OPERATE AN EMERGENCY HOUSING FACILITY IN THE CITY OF IOWA CITY THIS AGREEMENT, entered into this I&I day of_, 1983, by and between the City of Iowa City, a municipal corporation (herein referred to as the "City"), and The Emergency Housing Project, Inc., a private non- profit corporation (herein referred to as "EHP"); and WHEREAS, the City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383), and Title I of Public Law 98-8 (the "Jobs Bill"); and SWHEREAS, the City wishes to utilize such funds to provide an emergency housing facility for transients and other persons with emergency housing i needs, and to engage EHP to acquire, rehabilitate, and operate said emergency housing facility in the city of Iowa City; r NOW, THEREFORE, THE PARTIES HERETO AGREE TO THE FOLLOWING IN PERFORMANCE OF THIS AGREEMENT: PART I k I. PURPOSE AND SCOPE OF SERVICES: A. EHP will acquire and rehabilitate a residential structure (property) in the city of Iowa City which will then be utilized as an emergency housing facility for transients and other persons with emergency housing needs. B. The property to be acquired shall meet the following criteria: j' 1. Its location shall be within the corporate boundaries t of the City of Iowa City, Iowa. + 2. Upon completion of the rehabilitation it shall, at a F minimum, meet HUD Section 8 Existing Housing Quality Standards. 1 t3. In all other respects, it shall conform to applicable laws, codes, and ordinances of the City of Iowa City and the State of Iowa. C. Selection of the property to be acquired shall be made by EHP, with written approval of the City. 0. Technical assistance in the rehabilitation of the structure shall be provided by the City. The City shall determine if the completed rehabilitation work meets the t HUD minimum standards. i ao6 � 1 2 E. Following the completion of rehabilitation, the structure shall be occupied and utilized by EHP solely as an emergency housing facility for transients and other persons with emergency housing needs. II. TIME OF PERFORMANCE: EHP will perform according to the following schedule; subject to change only upon mutual agreement of both parties in writing: Program Element Deadline 1. Acquire property November 30, 1983 2. Contract for rehabilitation December 15, 1983 3. Complete rehabilitation January 31, 1984 4. Occupy and begin facility operations February 1, 1984 5. Continue facility operations February 1, 1984 thru December 31, 1990 C III. COMPENSATION AND METHOD OF PAYMENT: I' The City will pay and EHP agrees to accept in full the amount of i one hundred twenty-five thousand dollars ($125,000) for performance under this agreement, as follows: 1. Partial payment will be made upon presentation of a i properly executed real estate sales agreement for purchase 4 of the property. Said partial payment will be contingent, however, upon procurement of insurance as required by Section IV.0 of this agreement. 2. Balance of compensation due will be made upon presentation i of a properly executed contract for the rehabilitation of the structure subject to the proposed rehabilitation work, as provided in said contract, meeting HUD minimum requirements as determined by City. 3. The total of the above payments will not exceed $125,000. I IV. TERMS AND CONDITIONS OF OWNERSHIP: f A. Title to the property will be vested in the name of The f Emergency Housing Project, Inc. B. The City will assume no responsibility or liability for the operation, program funding, or debts of the property. j C. EHP will, at its own expense, procure and maintain during the period of this agreement, all-risk property damage and liability insurance to be effective as of the date of possession of the property. Property damage coverage shall not be less than the current market value of the property, and liability coverage shall not be less than $100,000 bodily injury per person or $300,000 bodily injury per occurrence. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and i 1�1 3 executed policy issued by an insurance company licensed to do business in the State of Iowa. D. EHP will not sell, assign, or transfer any legal or equitable interest in the property at any time prior to December 31, 1990, without the written approval of the City. E. In the event that EHP elects to sell or otherwise transfer legal or equitable interest in the property within seven (7) years from the date of execution of this agreement, EHP will pay to the City a prorated share of the $125,000, as determined by the Special Promissory Note which is attached hereto as Exhibit A and is incorporated by this reference herein. Said Promissory Note shall be executed by EHP concurrent with the execution of this agreement. F. Except as provided herein, the term of this agreement shall be from the date of execution through December 31, 1990. G. This agreement is subject to and incorporates all other terms and conditions set forth in Part II hereof. PART II I. PERFORMANCE AND REPORTING: A. EHP will maintain an ongoing program of services for transients and other persons with emergency housing needs at the property to be acquired under this agreement until December 31, 1990, in a manner satisfactory to the City. B. EHP will direct all correspondence and reports concerning this agreement to the office of the Iowa City Community Development Block Grant Program Coordinator. C. EHP will submit special monthly reports to the Program Coordinator's office by the 15th day of each month until the completion of all rehabilitation and expenditure of all CDBG funds disbursed under this agreement. Such reports will include information regarding employment opportunities and program beneficiaries. D. Thereafter, EHP will submit quarterly reports to the Program Coordinator's office by the 15th day of January, April, July, and October of each contract year. In addition, an annual report will be submitted by August 1 of each contract year. No reporting requirements shall extend beyond December 31, 1990. Such reports will include, at a minimum, statistics pertaining to the numbers and county of residence of persons housed in or utilizing the services of the facility. ao6� 4 r - E. Not later than March 31, 1984, ENP will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. II. OTHER REPORTS, AUDITS, AND INSPECTIONS: A. EHP will furnish the City or HUD with such statements, records, data, and information as the City or HUD may reasonably request pertaining to this agreement within the time requested. B. At any time during normal business hours, there shall be made available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized representatives, all of EHP's records with respect to this agreement in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this agreement. C. EHP will retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the termination of this agreement. D. EHP shall take reasonable precautions to protect the privacy interests of persons seeking and/or receiving t assistance at the emergency housing facility. EHP also agrees to abide by all applicable state and local laws pertaining to emergency housing for transients and other persons, if and when such laws would apply. III. CONTRACTING AND PROCUREMENT STANDARDS: The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-102 and OMB Circular A-122 (Cost Principles for i Nonprofit Organizations) shall apply to the use of funds disbursed under this agreement. The City shall provide EHP with copies of said OMB Circulars. f IV. NONDISCRIMINATION: No person shall be excluded from or denied the benefits of the emergency housing facility on the basis of age, race, color, national origin, sex or disability. All current and prospective occupants must, however, meet and maintain the occupancy rules and provisions of the EHP program to be admitted I and continue in occupancy. (� V. EQUAL EMPLOYMENT OPPORTUNITY: { EHP certifies that it is an "Equal Opportunity Employer" and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, EHP will ensure ao6� M 4'i I VIII. IX. X. NVZNI -kw :r? will asstst t,�, Ci,E.. enllinanzental asses&1knt and W ;]w1(,r1\" t.l(n ,til ,tt`2111Cat,11, of lilts.? aro th,? St hl>tl,CiC l,ll SNI`Eatl I! 1\y`tlll tVh filth ate NiS(l1riC FI<`bt`I`\',1(Ipll llf f ICPP 1,f 1PIi�{, LEAD-gAS-D PAINT POISONI\V PRE1'ENII(lN, ENP will caeply witty tnc` tryuit,`xunt> of thr lrad^t,aaad 1`.{iHt Poisoning Prevention Act. tJ' lI,S,C, 4,,,',lt,t regulations thereunder (' *1140 alai Hill)J CFR Part i:il, imofar n> thuy algtly to the performance of this atlroviltolit, TERMINATION OF AGREEMENT I -OR CAIIQV. If EHP fails to fulfill its obligat.tons undt,r thip nOruumunl iii a timely and proper manner, or it fill vlolataa nrq' ni Iht, Lurma, agreements, or stipulations of this Mlruum„111, Ihu I'i��ly ahnlyyl wriittenonotice to10EHPgspocifyingllhutdtftnull,hnrl11tilit lly olvill stating that this agreoment will nu turmiltnl.ud :111 dtl'a nflur Ihu giving of such notice unless such du111IM1, er dafnulta, jr. remedied within such grncP perlu,l• In 1•lu, uvanL of aueh termination, EHP will r•epny to Lha City Lhu full , (Ir ul' $125,000, or at the option of the Clt,y, ahnll C to the property to the City of lawn City, onvoy IuNnl 1.111u INTEREST OF CERTAIN FEDERAL AND 01111al (II'f_I(_1AJ S, A. No member or delegatu to Lire Conipyran of I,hu Illrll.ud ;i Lntua, and no Resident Commissloner, rdtall hondmll,ts+ll Lo nhy share or part of this agruumunL+ or' I,() Hoy bt,nnfII, Ln n1-1401herefrom. D. No member of thrr (lnver•nln(1 body of I,h+r Clly, nu alll(,nrr employee, official, or agonl. al 1,111,CII,,Y, nil nLlu+r lur,nl public official will) oxnrr,lenr, nnY hrnr;IJnna nl' responsibilities ocarryingyingout oin connecLlrm 1411,WiltL,rovluw, npprl)vnl, pe f Lha proJoch Lo will(,, 1,1114n(p'nrgnunh pertains, shall IMP "fly prlvntu lutr,rnaf, dlr'uch nil indirect, in Lhls agreement, a,04* -NIICt ;`� i ��.5. - :\E^_�.`.�3•`,E :`t`•>;�,.. v\`.•yip+`� =_—:.� F �: �' Y •Nil :� `YyC�.. '`l. :��\t. NVZNI -kw :r? will asstst t,�, Ci,E.. enllinanzental asses&1knt and W ;]w1(,r1\" t.l(n ,til ,tt`2111Cat,11, of lilts.? aro th,? St hl>tl,CiC l,ll SNI`Eatl I! 1\y`tlll tVh filth ate NiS(l1riC FI<`bt`I`\',1(Ipll llf f ICPP 1,f 1PIi�{, LEAD-gAS-D PAINT POISONI\V PRE1'ENII(lN, ENP will caeply witty tnc` tryuit,`xunt> of thr lrad^t,aaad 1`.{iHt Poisoning Prevention Act. tJ' lI,S,C, 4,,,',lt,t regulations thereunder (' *1140 alai Hill)J CFR Part i:il, imofar n> thuy algtly to the performance of this atlroviltolit, TERMINATION OF AGREEMENT I -OR CAIIQV. If EHP fails to fulfill its obligat.tons undt,r thip nOruumunl iii a timely and proper manner, or it fill vlolataa nrq' ni Iht, Lurma, agreements, or stipulations of this Mlruum„111, Ihu I'i��ly ahnlyyl wriittenonotice to10EHPgspocifyingllhutdtftnull,hnrl11tilit lly olvill stating that this agreoment will nu turmiltnl.ud :111 dtl'a nflur Ihu giving of such notice unless such du111IM1, er dafnulta, jr. remedied within such grncP perlu,l• In 1•lu, uvanL of aueh termination, EHP will r•epny to Lha City Lhu full , (Ir ul' $125,000, or at the option of the Clt,y, ahnll C to the property to the City of lawn City, onvoy IuNnl 1.111u INTEREST OF CERTAIN FEDERAL AND 01111al (II'f_I(_1AJ S, A. No member or delegatu to Lire Conipyran of I,hu Illrll.ud ;i Lntua, and no Resident Commissloner, rdtall hondmll,ts+ll Lo nhy share or part of this agruumunL+ or' I,() Hoy bt,nnfII, Ln n1-1401herefrom. D. No member of thrr (lnver•nln(1 body of I,h+r Clly, nu alll(,nrr employee, official, or agonl. al 1,111,CII,,Y, nil nLlu+r lur,nl public official will) oxnrr,lenr, nnY hrnr;IJnna nl' responsibilities ocarryingyingout oin connecLlrm 1411,WiltL,rovluw, npprl)vnl, pe f Lha proJoch Lo will(,, 1,1114n(p'nrgnunh pertains, shall IMP "fly prlvntu lutr,rnaf, dlr'uch nil indirect, in Lhls agreement, a,04* PRECEDING DOCUMENT Li that all contracts for work under this agreement contain an appropriate equal employment opportunity statement. VI. SPECIAL EMPLOYMENT PROVISIONS EHP will, to the extent practicable, use the funds disbursed under this agreement to maximize immediate creation of new employment opportunities, particularly for persons who were unemployed at least 15 of the 26 weeks prior to March 24, 1983. Further, EHP will ensure that all contracts for work under this agreement contain an appropriate special employment opportunity statement. VII. ENVIRONMENTAL ASSESSMENT AND HISTORIC PRESERVATION: EHP will assist the City to comply with all applicable environmental assessment and historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VIII. LEAD-BASED PAINT POISONING PREVENTION: EHP will comply with the requirements of the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they apply to the performance of this agreement. IX. TERMINATION OF AGREEMENT FOR CAUSE: If EHP fails to fulfill its obligations under this agreement in a timely and proper manner, or if EHP violates any of the terms, agreements, or stipulations of this agreement, the City shall thereupon have the right to terminate this agreement by giving written notice to EHP specifying the default, or defaults, and stating that this agreement will be terminated 30 days after the giving of such notice unless such default, or defaults, are remedied within such grace period. In the event of such termination, EHP will repay to the City the full amount of $125,000, or at the option of the City, shall convey legal title to the property to the City of Iowa City. X. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this agreement, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this agreement pertains, shall have any private interest, direct or indirect, in this agreement. aoG� i 6 XI. INTEREST OF EHP: EHP covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this agreement. EHP further covenants that in the performance of this agreement no person having such an interest shall be employed by EHP. XII. ASSIGNABILITY: EHP shall not assign or transfer any interest in this agreement, whether by assignment or novation, without the prior written approval of the City. XIII. HOLD HARMLESS PROVISION: EHP shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. IN WITNESS WHEREOF, the parties hereto have executed this agreement on this _JL day of O tdd 4 , 1983. CITY OF IOWA CITY BY: luttw C . �A rJ. � L"r MAYUH /I V Received & Approved ATTEST: hhl�-3 4j VCL , ) By The Legal Department CITY CLERK Lt 14 i g)_ THE EMERGENCY HOUSING P JECT, INC. BY: ATTEST: ,;?aG�f l F EXHIBIT A SPECIAL PROMISSORY NOTE FOR VALUE RECEIVED, The Emergency Housing Project, Inc. (the undersigned), promises to pay to the order of the City of Iowa City (herein called the "City"), the sum of one hundred, twenty-five thousand dollars ($125,000). This Special Promissory Note shall bear no interest and shall have no installment payments. Repayment shall only be required as described below. However, the undersigned reserves the right to repay at any time all or any part of the principal amount of this Note without the payment of penalties or premiums. Any amounts due hereunder shall be payable to the City at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, or at such other place as the City may designate. In the event the undersigned shall fail to pay the principal amount of this Note when due as described below, the unpaid principal amount of this Note shall become due and payable, at the option of the City, without notice to the undersigned. Failure of the City to exercise such option shall not constitute a waiver of such default. If suit is instituted by the City to recover this Note, the undersigned agrees to repay all costs of such collection, including reasonable attorney's fees and court costs. If, within seven (7) years from the date of the execution of this Note, the undersigned shall sell or otherwise transfer, deed, or convey the property which is the subject matter of the Agreement between the City and the undersigned dated (')fh-/A( ►$ , 1983, the undersigned agrees to repay the City in the I following manner: j A. If said property is sold or otherwise transferred within one (1) year from the date of this Note, 100 percent of the original principal amount of the Note shall be repaid. B. If said property is sold or otherwise transferred from more than one (1) year to two (2) years after the date of this Note, 85 percent of the original principal amount of this Note, shall be repaid. C. If said property is sold or otherwise transferred from more than two (2) years to three (3) years after the date of this Note, 70 percent of the original principal amount of this Note shall be repaid. D. If said property is sold or otherwise transferred from more than three (3) years to four (4) years after the date of this Note, 55 percent of the original principal amount of this Note shall be repaid. E. If said property is sold or otherwise transferred from more than four (4) years to five (5) years after the date of this Note, 40 percent of the original principal amount of this Note shall be repaid. F. If said property is sold or otherwise transferred from more than five (5) y:rs to six (6) years after the date of this Note, 25 percent of the original principal amount of this Note shall be repaid. G. If said property is sold or otherwise transferred from more than six (6) years to seven (7) years after the date of this Note, 10 percent of the original principal amount of this Note shall be repaid. H. After seven (7) years from the date of this Note without a sale, tranfer, deed, or other conveyance, the undersigned shall be under no obligation to repay any funds, and this Note shall be cancelled. I. The provisions of this Note shall be binding upon the successors, or assigns of the undersigned for a period of seven (7) years from the date of this Note. 0 2 In witness whereof, this Note has been duly executed by the authorized representatives of the undersigned, on the -1.L day of ()rJAA-{a , 1983. THE EMERGENCY HOUSING PROJECT, INC. Si %gnature i " Signature Sworn and subscribed to before me this a L day of 1983. NUIAHY PUBPUkSylu IN AN HNSON COUNTY, IOWA 1 iu. 1 1 RESOLUTION NO. 83-340 RESOLUTION DIRECTING THAT ANY REVENUE RECEIVED BY THE CITY OF IOWA CITY FROM THE SALE OF THE CENTRAL JUNIOR HIGH PROPERTY BE ALLOCATED TO THE PARKLAND ACQUISITION FUND. WHEREAS, the City of Iowa City, Iowa, is a municipal corporation duly authorized and acting under the laws of the State of Iowa, having the power granted by the State of Iowa to fund facilities for public purposes, and WHEREAS, the City of Iowa City may receive funds from the sale of the Central Junior High School property pursuant to the existing agreement between the Iowa City Community School District and the City, and WHEREAS, the City desires to utilize such revenue for the fulfillment of a public purpose, and I WHEREAS, the Central Junior High property, originally designated as a public square, will no longer be available for that purpose, and WHEREAS, the City has established a Parkland Acquisition Fund for the purpose of acquiring future parkland as new areas of the City are developed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that any revenues the City may receive as a result of the sale of the Central Junior High School property will be allocated to the City's Parkland Acquisition Fund to be utilized in the future in a manner consistent with the purpose of that fund. It was moved by Erdahl and seconded by Dickson 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 11th day of October 1983. ATTEST: }?qA ri neani C TY CLQ ER— K Reeetvod & Approvod By Th- Legal D•F„»=n1 ao �o r