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Home My WebLink About1980-10-07 Resolutione-� 1 7 MICROFILMED BY JORM MICR+LAE3 CEDAR RAPIDS - DES MOINES RESOLUTION NO. 80-440 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Michael Chan dba canton House, 713-715 S. Riverside Drive Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuhauser -=a rF—adopted, and up -- that the Resolution as rea e on ro7r there were: AYES., NAYS: ABSENT: Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 7th day of October 19 80 AYO ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAE3 CEDAR RAPIDS - DES MOINES RESOLUTION NO. 80-441 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Permit application is hereby approved for the following named person or persons at the following described location: Michael Chan dba Canton House, 713-715 S. Riverside Dr. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuhauser that the Resolution as read be adopted, and upon ro c -II alf —there were: AYES: NAYS: ABSENT: Balmer x Lynch x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 7th day of October , 19 BO Attest: City City Clerk Mayor MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES �85s� RESOLUTION NO. 80-442 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Dale E. Watt dba Watt's Food Market, 1603 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuhauser that the Resolution as read be a opted, and upon ro caI�1S there were: AYES: NAYS: ABSENT: x _ s � J Erdahl x Neuhauser x Perret x r moi^ x Vevera x r, RESOLUTION NO. 80-442 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Dale E. Watt dba Watt's Food Market, 1603 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuhauser that the Resolution as read be a opted, and upon ro caI�1S there were: AYES: NAYS: ABSENT: x _ s � J Erdahl x Neuhauser x Perret x r moi^ x Vevera x i I RESOLUTION NO. 80-442 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named person or persons at the following described locations: Dale E. Watt dba Watt's Food Market, 1603 Muscatine Ave. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, surety bond,and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuhauser that the Resolution as read be a opted, and upon ro caI�1S there were: Passed and approved this 7th day of October , 19 80 . -,Mayor Attest: ACit(rk _ MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS DES MOINES AYES: NAYS: ABSENT: Balmer x Lynob x Erdahl x Neuhauser x Perret x Roberts x Vevera x Passed and approved this 7th day of October , 19 80 . -,Mayor Attest: ACit(rk _ MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS DES MOINES u r; RESOLUTION NO. 80-443 _RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, The Nickelodeon at 208 N. Linn St. In Iowa City, Iowa, has surrendered cigarette permit No. 81-79 , expiring June 30th 19 81 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 81-79 , issued to The Nickelodeon be cancelled, and I , BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorised and directed to draw a warrant on the General Fund in the amount of $ 75.00 payable to Robert Dane as a refund on cigarette permit No. 81-79 , It was moved b Perret Y and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS; ABSENT. ± Balmer r x Lynch r .n,l ��• i Erdahl x Neuhauser x Perret x Roberts x Vevera x � I Passed and approved this 7th day of October 19 80 , � I 4—ayor Attest: t MICROFILMED BY JORM MICR¢LA6 CEDAR RAPIDS • DES MOINES V957 3 i RESOLUTION NO. 80-443 _RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, The Nickelodeon at 208 N. Linn St. In Iowa City, Iowa, has surrendered cigarette permit No. 81-79 , expiring June 30th 19 81 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 81-79 , issued to The Nickelodeon be cancelled, and I , BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorised and directed to draw a warrant on the General Fund in the amount of $ 75.00 payable to Robert Dane as a refund on cigarette permit No. 81-79 , It was moved b Perret Y and seconded by Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS; ABSENT. ± Balmer r x Lynch r .n,l ��• i Erdahl x Neuhauser x Perret x Roberts x Vevera x � I Passed and approved this 7th day of October 19 80 , � I 4—ayor Attest: t MICROFILMED BY JORM MICR¢LA6 CEDAR RAPIDS • DES MOINES V957 3 RESOLUTION NO. 80-444 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Pizza Hut of America, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by N that the Resolution as regia Ee adopted, and upon r there were: AYES: NAYS: ABSENT: Balmer x _ Erdahl x I Lynch I, RESOLUTION NO. 80-444 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Pizza Hut of America, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by N that the Resolution as regia Ee adopted, and upon r there were: AYES: NAYS: ABSENT: Balmer x _ Erdahl x I Lynch x � Neuhauser x Perret x Roberta x _y x RESOLUTION NO. 80-444 RESOLUTION APPROVING CLASS "B" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "B" Beer Permit Application is hereby approved for the following named person or persons at the following described location: Pizza Hut of America, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by N that the Resolution as regia Ee adopted, and upon r there were: AYES: NAYS: ABSENT: Balmer x _ Erdahl x I Lynch x � Neuhauser x Perret x Roberta x Vevera x Passed and approved this 7th day of October 19 80 4H'AYOR a V LCL L CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES IS58 ;_; r2 RESOLUTION NO. 80-445 RESOLUTION OF APPROVAL OF CLASS B SUNDAY PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class 1 Sunday Permit application is hereby approved for the following named person or persons at the following described location: Pizza Hut of America, Inc. dba Pizza Hut, 1921 Keokuk St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. it was moved by Perret and seconded by that the Resolution as read be a opted, and upon ro ca t.ere were: AYES: NAYS: Balmer x Lynch x Erdahl Neuhauser x Perret x Roberts x Vevera x ABSENT: x 19 80 Passed and approved this 7th day of October r ,V� — - -- — Attest: City Cler 1� i i Psi i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES b f . i RESOLUTION NO. 8_ 0-446 RESOLUTION OF APPROVAL OF CLASS C PERMIT APPLICATION SUNDAY BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Sunday Permit application is hereby approved for the following named person or persons at the following described location: The Breadbasket Inc. dba The Breadline, 325 E. Washington Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of state law. The City Clerk shall cause a recommendation for approval to be endorsed upon the application and forward the same together with the license fee, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by Perret and seconded by Neuhauser that the Resolution as read e a opted, and upon ro ca there were: AYES: NAYS: ABSENT: Balmer x Lynch x r Erdahl x Neuhauser x Perret x Roberta x Vevera x I Passed and approved this 19 80 7th day of October Attest: City Clerk MICROFILMED BY DORM MICR+LAB 1 CEDAR RAPIDS • DES MOINES RESOLUTION N0. 80-447 RESOLUTION SETTING PUBLIC HEARING FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN EAST IOWA CITY (VACATED F STREET R.O.W. BETWEEN MUSCATINE AVENUE AND 3RD STREET). WHEREAS, the City of Iowa City owns the following real property: Beginning at the intersection of the Northeasterly line of Muscatine Avenue and the South line of Block 25 of East Iowa City as platted and recorded in Johnson County, Book 1, page 92; thence East 255.05 feet to the Southeast corner ofsaid Block 25; thence S 00 00'45" E, 75.0 feet to the Northeast corner of Block 26 of said East Iowa City; thence West 172.90 feet on the North line of said Block 26 to the Northeasterly line of Muscatine Avenue; thence N 470 36'38" W, 111.25 feet to the point of beginning. Said tract containing 16,048.00 square feet; and WHEREAS, the City Council proposes to sell the above-described real property to John F. and Karen L. Gillispie and Michael A. and Helen L. Rittenmeyer; and WHEREAS, the proposed sale will be subject to the following terms: 1. The price for the sale of the above-described real property will be $18,000. 2. Prior to conveyance the City shall convey an easement to Iowa -Illinois Gas and Electric, fifteen feet in width, over the existing gasline, the centerline of which is described as follows: Commencing at the intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as plaatted'and recorded in Johnson County Book 1, Page 92, thence S 47 36 38 E along the Northeasterly R.O.W. line of Muscatine Avenue 38.0 feet to the point of beginning; thence Southeasterly to a point on the West R.O.W. line of Third Avenue which point is 27.5 feet north of the Northeast corner of Lot 1, Block 26, East Iowa City. 3. Contemporaneously with the conveyance of the property described above, the parties shall convey to Helen Svatos in return for the payment of $500!00, the following described real estate, which is a part of the property described above: Beginning at the intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as Platted and recorded in Johnson County Book 1, Page 92; thence East along said south line of Block 25 85.05 feet; thence southwesterly 68.10 feet to a point on the Northeasterly R. O. W. line of Muscatine Avenue which is S 470 036'38" E. 30.00 feet from the point of beginning; thence N 47 3613811 W 30.00 feet to the point of beginning; and MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES V 1860 8 v f RESOLUTION N0. 80-447 RESOLUTION SETTING PUBLIC HEARING FOR THE SALE OF REAL PROPERTY OWNED BY THE CITY OF IOWA CITY AND LOCATED IN EAST IOWA CITY (VACATED F STREET R.O.W. BETWEEN MUSCATINE AVENUE AND 3RD STREET). WHEREAS, the City of Iowa City owns the following real property: Beginning at the intersection of the Northeasterly line of Muscatine Avenue and the South line of Block 25 of East Iowa City as platted and recorded in Johnson County, Book 1, page 92; thence East 255.05 feet to the Southeast corner ofsaid Block 25; thence S 00 00'45" E, 75.0 feet to the Northeast corner of Block 26 of said East Iowa City; thence West 172.90 feet on the North line of said Block 26 to the Northeasterly line of Muscatine Avenue; thence N 470 36'38" W, 111.25 feet to the point of beginning. Said tract containing 16,048.00 square feet; and WHEREAS, the City Council proposes to sell the above-described real property to John F. and Karen L. Gillispie and Michael A. and Helen L. Rittenmeyer; and WHEREAS, the proposed sale will be subject to the following terms: 1. The price for the sale of the above-described real property will be $18,000. 2. Prior to conveyance the City shall convey an easement to Iowa -Illinois Gas and Electric, fifteen feet in width, over the existing gasline, the centerline of which is described as follows: Commencing at the intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as plaatted'and recorded in Johnson County Book 1, Page 92, thence S 47 36 38 E along the Northeasterly R.O.W. line of Muscatine Avenue 38.0 feet to the point of beginning; thence Southeasterly to a point on the West R.O.W. line of Third Avenue which point is 27.5 feet north of the Northeast corner of Lot 1, Block 26, East Iowa City. 3. Contemporaneously with the conveyance of the property described above, the parties shall convey to Helen Svatos in return for the payment of $500!00, the following described real estate, which is a part of the property described above: Beginning at the intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as Platted and recorded in Johnson County Book 1, Page 92; thence East along said south line of Block 25 85.05 feet; thence southwesterly 68.10 feet to a point on the Northeasterly R. O. W. line of Muscatine Avenue which is S 470 036'38" E. 30.00 feet from the point of beginning; thence N 47 3613811 W 30.00 feet to the point of beginning; and MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES V 1860 8 WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to sell the above-described real property to John F. and Karen L. Gillispie and Michael A. and Helen L. Rittenmeyer for the sum of $18,000. 2• That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the City Council on the proposed disposition of the above-described property at the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 P.M. on the 21st day of October, 1980, and any persons having objections to said proposed action may appear and file their objections at said hearing. It was moved by Perret and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: a Balmer x Erdahl x Lynch x Neuhauser x_ Perret x Roberts x Vevera Passed and approved this 7th day of October ]98 0. YOR �— i ATTEST: C TY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Y,EECEIVED & I..: F.:., Z -J LEGAL DK'ARTMUT �°S 9-z4- Fru Rl 0 I I I WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to sell the above-described real property to John F. and Karen L. Gillispie and Michael A. and Helen L. Rittenmeyer for the sum of $18,000. 2• That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the City Council on the proposed disposition of the above-described property at the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 P.M. on the 21st day of October, 1980, and any persons having objections to said proposed action may appear and file their objections at said hearing. It was moved by Perret and seconded by Neuhauser that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: a Balmer x Erdahl x Lynch x Neuhauser x_ Perret x Roberts x Vevera Passed and approved this 7th day of October ]98 0. YOR �— i ATTEST: C TY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Y,EECEIVED & I..: F.:., Z -J LEGAL DK'ARTMUT �°S 9-z4- Fru Rl 0 r-- NOTICE OF PROPOSED SALE OF PROPERTY RESOLUTION NO. 80-447 RESOLUTION SETTING PUBLIC HEARING FOR THES ALE OF REAL PROPERTY OWNED BY THE CITY OF TED IN EAST IOWA IOWA CITY (VSTREET CITY NR.O.WATBETWEEN MUSCATINE A ENUEAANDE3RD STREET). .. WHEREAS, the City of Iowa City owns the following - real property: Beginning at the ion Of the Northeasterly line tAvenue Of Muscatine and the South line Of Block 25 of East Iowa City as Platted and recorded in Johnson County, Book 1, page 9 Southeast of - corner saidfthe Block 25- thence St0* 00145" E, 75.0 feet to { the Northeast corner of Block 26 of said East Iowa City; thence West 172.90 feet on the North line of said Block 26 to the Northeasterly line of Muscatine Avenue; thence N 470 36'38" W, 111,25 feet to the point of beginning. Said tract containing 16,048.00 square feet; and b. WHEREAS, the City Council proposes to sell the shove -described real ' property to John F. and Karen L. Gillispie and Michael A. and Helen L. Rittenmeyer; and f I WHEREAS, the proposed sale will be subject to the following terms: 1• The price for the sale of the above-described real property will be $18,000. 2• Prior to conveyance the City shall convey an easement to Iowa -Illinois Gas and Electric, fifteen feet in width, over I t he existing gasline, the centerline of which is described as follows: Commencing at the intersection of the Northeasterly R.O.W, line Of Muscatine Avenue and the south line Of Block 25, East Iowa Cityas 1, platted tage92 and thencerSed in J 47' 36'138" E alongnson theli Northeasterly R.O.W. h38.0feet ne Of MuscatinAvenue to the point of beginning; thence Southeasterly to a point on the West R.O.W. line of Third Avenue which point is 27.5 feet north of the Northeast corner of Lot 1, Block 26, East Iowa City. ... —_.•.:...n.w,.iwA;uRt4;s.�G'"�ki:.1Cw:LJdtwrw 1,--._; . i '. ,�.•" MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 3. Contemporaneously with the conveyance of the property described above, the parties shall convey to Helen Svatos in return for the payment of $500.00, the following described real estate, which is a. part of the property described above: Beginning at the , intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as platted and recorded in Johnson County Book 1, Page 92; thence East along said south line of Block 25 85.05 feet; thence southwesterly 68.10 feet to a point on the Northeasterly R.O.W. line of Muscatine Avenue which is S 470 36138" E. 30.00 feet from the point of beginning; thence N 47° 36138" W 30.00 feet to the point of beginning; and WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to sell the above- described real property to John F. and Karen L. Gillispie and Michael A. and Helen L. ltittenmeyer for the sum of $18,000. 2. That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the City Council on the proposed disposition of the above-described property at the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 P.M. on the 21st day of October, 1980, and any persons having objections to said proposed action may appear and file their objections at said hearing. Dated this 8th day of October, 1980. ABBIE STOLFUS, CITY PLERK MICROFILMED BY a JORM MICR+LAB 9 CEDAR RAPIDS • DES MOINES i J Y i 3. Contemporaneously with the conveyance of the property described above, the parties shall convey to Helen Svatos in return for the payment of $500.00, the following described real estate, which is a. part of the property described above: Beginning at the , intersection of the Northeasterly R.O.W. line of Muscatine Avenue and the south line of Block 25, East Iowa City as platted and recorded in Johnson County Book 1, Page 92; thence East along said south line of Block 25 85.05 feet; thence southwesterly 68.10 feet to a point on the Northeasterly R.O.W. line of Muscatine Avenue which is S 470 36138" E. 30.00 feet from the point of beginning; thence N 47° 36138" W 30.00 feet to the point of beginning; and WHEREAS, it is necessary to publish this proposal and to publish notice of a public hearing on this proposal. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY: 1. That the City proposes to sell the above- described real property to John F. and Karen L. Gillispie and Michael A. and Helen L. ltittenmeyer for the sum of $18,000. 2. That the City Clerk is authorized and directed to publish notice of this proposal and further, can publish notice that pursuant to Section 364.7, 1979 Code of Iowa, a hearing will be held before the City Council on the proposed disposition of the above-described property at the Council Chambers, Civic Center, 410 East Washington Street, Iowa City, Iowa, at 7:30 P.M. on the 21st day of October, 1980, and any persons having objections to said proposed action may appear and file their objections at said hearing. Dated this 8th day of October, 1980. ABBIE STOLFUS, CITY PLERK MICROFILMED BY a JORM MICR+LAB 9 CEDAR RAPIDS • DES MOINES i J C j; RESOLUTION N0. 80-448 RESOLUTION ACCEPTING THE MRK FOR THE NEIGHBORHOOD SITE IMPROVEMENTS - SIDE14ALK REPAIR PROGRAM (NORTHSIDE & HICKORY HILL NEIGHBORHOODS) has recommended that the im- Improvements - Sidewalk Repair as included in a contract between the City of Iowa City and Merlin Hamm Construction Iowa City Iowa dated Juni 6 1980 be accepted-, AM WHEREAS. the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WI�EREAS, maintenance bonds have been filed, NOW 7TEREFORE, 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 Perret and seconded by Neuhauser that the resolution as rea e 1.a opts ,and upon roll call tFere were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x MICROFILMED BY JORM MICR+LAB n CEDAR RAPIDS • DES MOINES RECEI M & APPROVED BY = LEGAL DEPARTIMT 1j_ -2-T0 _ _LN � S RESOLUTION N0. 80-448 RESOLUTION ACCEPTING THE MRK FOR THE NEIGHBORHOOD SITE IMPROVEMENTS - SIDE14ALK REPAIR PROGRAM (NORTHSIDE & HICKORY HILL NEIGHBORHOODS) has recommended that the im- Improvements - Sidewalk Repair as included in a contract between the City of Iowa City and Merlin Hamm Construction Iowa City Iowa dated Juni 6 1980 be accepted-, AM WHEREAS. the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WI�EREAS, maintenance bonds have been filed, NOW 7TEREFORE, 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 Perret and seconded by Neuhauser that the resolution as rea e 1.a opts ,and upon roll call tFere were: AYES: NAYS: ABSENT: Balmer x Erdahl x Lynch x MICROFILMED BY JORM MICR+LAB n CEDAR RAPIDS • DES MOINES RECEI M & APPROVED BY = LEGAL DEPARTIMT 1j_ -2-T0 _ _LN � S CITY OF CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT October 2, 1980 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 specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Neighborhood Site Improvements - Sidewalk Repair Program (Northside and Hickory Hill Neighborhoods). I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P,E, City Engineer CJS/DSG/jp MICROFILMED BY JORM MIC R�LAB CEDAR RAPIDS •DES MOINES i l' - r,. E r. I . 1> , CITY OF CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA CITY IOWA 52240 (319) 354.1800 ENGINEER'S REPORT October 2, 1980 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 specifi- cations of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Neighborhood Site Improvements - Sidewalk Repair Program (Northside and Hickory Hill Neighborhoods). I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respectfully submitted, Charles J. Schmadeke, P,E, City Engineer CJS/DSG/jp MICROFILMED BY JORM MIC R�LAB CEDAR RAPIDS •DES MOINES i E r. I . 1> , � 7J1�c7.jr RESOLUTION NO. 80-449 RESOLUTION ESTABLISHING JUST COMPENSATION FOR THE ACQUISITION OF REAL PROPERTY FOR PHASE II OF THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCELS 10 AND 13) WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek Neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said project; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value for the above named parcels to be acquired as part of Phase II of said project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: 1. That the following amounts are hereby determined to be just compensation for the purpose of acquisition of the following real property: $68,000 for Parcel No. 10, legally described as: "Commencing 50 feet South of the Northwest Corner of Block 20, County Seat Addition, Iowa City, Iowa, according to the recorded plat thereof, thence East 80 feet; thence South 90 feet, thence West 80 feet, thence North 90 feet to the Place of Beginning." $39,000 for Parcel No. 13, legally described as: "Lot 1, in Block 18, in that part of Iowa City, Iowa, known as the County Seat of Johnson County, according to the recorded plat thereof, subject to easements, restrictions and reservations of record. 2. That the City Manager and the Community Development Block Grant Program Coordinator are hereby authorized and directed to begin negotiations for the acquisition of said parcel in accordance with real property acquisition regulations of the Department of Housing and Urban Development. 3. That the City Manager, acting as executive officer of all housing and Community Development Block Grant programs, is hereby authorized to contract for the purchase of said parcels. MICROFILMED BY r, JORM MICR+LAB h CEDAR RAPIDS • DES MOINES m i i Resolution No 0-449 Page 2 It was moved by Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 7th day of October 1980. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RECEIVED & AP'R07^D BY TUE LEGAL PARTMENT /o%z led i ►891 i i t i 1 ■ I r RESOLUTION NO. 80-450 RESOLUTION AUTHORIZING THE CITY MANAGER TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE ACQUISITION OF REAL PROPERTY FOR THE LOWER RALSTON CREEK NEIGHBORHOOD REVITALIZATION PROJECT (PARCEL #12 OWNED BY DEWEY AND LORRAINE PETERSEN). WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 79-242 authorizing application for federal funds under the Community Development Block Grant/Small Cities Program for improvements in the Lower Ralston Creek neighborhood; and WHEREAS, the Department of Housing and Urban Development has formally approved said application; and WHEREAS, the City Council did approve Resolution No. 79-489 authorizing the acquisition of real property required for said property; and WHEREAS, real estate appraisals and review appraisals have been conducted to establish fair market value of the parcel to be acquired for Phase II of said project; and WHEREAS, the City Council did approve Resolution No. 80-413 establishing just compensation for real property acquisition for parcel #12 owned by Dewey and Lorraine Petersen in the Lower Ralston Creek Neighborhood Revitalization Project; and t WHEREAS, in order to acquire said real property the City desires to enter ' into contract for the purchase of the real property referred to below with the owners of said real property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the City Manager is hereby authorized to sign and the City Clerk to 01 attest the contract for the purchase of the real property referred to below for the amount designated below: Parcel No. Purchase Price 12 $144,500 It was moved by Neuhauser and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer ' x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 7th day of October, 1980. PAYOR P�' RECEIVED h APPROVED ATTEST: BY T LEGAL DEPARTMEN �C'L CITY CLERK ci /Q 0 1p9d. MICROFILMED BY - JORM MICR+LA6 CEDAR RAPIDS • DES MOINES ■ I CONTRACT FOR ACQUISITION OF REAL PROPERTY THIS GREEMENT made and AF. Petersen and orraineeC.into Petersen,5 Seller,ob andotheCITYlO80 Dewey IOWA CITY, Buyer. 1. In consideration of the agreements, covenants, and provisions herein contained, Seller(s) hereby agrees to sell and furnish to Buyer a Warranty Deed, on form(s) furnished by Buyer, and Buyer agrees to purchase the real property situated in the City of Iowa City, County of Johnson, State of Iowa, and legally described as follows: "Lots 2, 3 and 4 in Block 18, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof subject to easements and restrictions of record." The premises includes all estates, rights, titles and interests in the real property specified subject to all easements, whether temporary or permanent. 2. This contract shall apply to and bind the legal successors in interest of the Seller(s), and Seller(s) agrees to pay all liens and i assessments against the premises, including all taxes assessed and payable at the time of delivery of the conveyance and further agrees to warrant good and sufficient title. If title to this property becomes an asset of any estate, trust, conservatorship or guardianship,' Seller(s) agrees to obtain court approval of this contract if deemed necessary by the Buyer's attorney. Names and addresses of lienholders include: Hills Bank & Trust Co; Iowa City Fence Co. 3. Seller(s) agrees to furnish and deliver to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable title to the premises in Seller(s), and Seller(s) further agrees to make all necessary abstract corrections, and Buyer agrees to pay the cost of continuing the abstract. In addition to the Lump Sum, Buyer agrees to pay costs necessary and incident to transferring the premises to the Buyer, i.e. abstracting, mortgage prepayment penalties, mortgage release payments, documentary stamps, recording fees, and similar fees and costs, but not attorney fees. Claims for such payments shall be made on forms furnished by Buyer and paid in an amount supported by paid receipts or signed bills. 4. Seller warrants that there are no tenants on the premises holding under lease except: none. Seller warrants that there are no tenants on the premises holding without lease except: none. Seller warrants that there are no tenants on the premises with compensable leasehold interests, other than the following: none. 5. BY signing this contract Seller(s) does riot jeopardize the right to relocation assistance benefits for which he may be eligible under law. 6. Possession of the premises is the essence of this contract, and Buyer may take immediate possession of the premises per the terms of this contract for purposes set forth herein. Seller(s) may at his option surrender possession of the premises or any part thereof prior to the time at which he has hereinafter agreed to do so. Seller(s) agrees to give Buyer ten (10) days notice of Seller's intention to vacate the premises, said Notice to be given to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Upon Seller's vacation of the premises, Buyer may enter and may assume full possession, use and enjoyment of same. 7. Buyer agrees to pay and Seller agrees to grant the right of possession, to convey title to and to surrender physical possession of the premises as shown on the Schedule listed below, CEDAR RAPIDS • DES MOINES l r,PA- ■ _j CONTRACT FOR ACQUISITION OF REAL PROPERTY THIS GREEMENT made and AF. Petersen and orraineeC.into Petersen,5 Seller,ob andotheCITYlO80 Dewey IOWA CITY, Buyer. 1. In consideration of the agreements, covenants, and provisions herein contained, Seller(s) hereby agrees to sell and furnish to Buyer a Warranty Deed, on form(s) furnished by Buyer, and Buyer agrees to purchase the real property situated in the City of Iowa City, County of Johnson, State of Iowa, and legally described as follows: "Lots 2, 3 and 4 in Block 18, County Seat Addition to Iowa City, Iowa, according to the recorded plat thereof subject to easements and restrictions of record." The premises includes all estates, rights, titles and interests in the real property specified subject to all easements, whether temporary or permanent. 2. This contract shall apply to and bind the legal successors in interest of the Seller(s), and Seller(s) agrees to pay all liens and i assessments against the premises, including all taxes assessed and payable at the time of delivery of the conveyance and further agrees to warrant good and sufficient title. If title to this property becomes an asset of any estate, trust, conservatorship or guardianship,' Seller(s) agrees to obtain court approval of this contract if deemed necessary by the Buyer's attorney. Names and addresses of lienholders include: Hills Bank & Trust Co; Iowa City Fence Co. 3. Seller(s) agrees to furnish and deliver to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240, an abstract of title continued to date hereof showing merchantable title to the premises in Seller(s), and Seller(s) further agrees to make all necessary abstract corrections, and Buyer agrees to pay the cost of continuing the abstract. In addition to the Lump Sum, Buyer agrees to pay costs necessary and incident to transferring the premises to the Buyer, i.e. abstracting, mortgage prepayment penalties, mortgage release payments, documentary stamps, recording fees, and similar fees and costs, but not attorney fees. Claims for such payments shall be made on forms furnished by Buyer and paid in an amount supported by paid receipts or signed bills. 4. Seller warrants that there are no tenants on the premises holding under lease except: none. Seller warrants that there are no tenants on the premises holding without lease except: none. Seller warrants that there are no tenants on the premises with compensable leasehold interests, other than the following: none. 5. BY signing this contract Seller(s) does riot jeopardize the right to relocation assistance benefits for which he may be eligible under law. 6. Possession of the premises is the essence of this contract, and Buyer may take immediate possession of the premises per the terms of this contract for purposes set forth herein. Seller(s) may at his option surrender possession of the premises or any part thereof prior to the time at which he has hereinafter agreed to do so. Seller(s) agrees to give Buyer ten (10) days notice of Seller's intention to vacate the premises, said Notice to be given to Buyer at the Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Upon Seller's vacation of the premises, Buyer may enter and may assume full possession, use and enjoyment of same. 7. Buyer agrees to pay and Seller agrees to grant the right of possession, to convey title to and to surrender physical possession of the premises as shown on the Schedule listed below, CEDAR RAPIDS • DES MOINES l r,PA- ■ Payment Schedule Performance Performance Date $144,500 On conveyance of title November 5, 1980 Payment nil On possession Buyer and Seller(s) agree that the amounts described herein constitute just compensation to Seller for all property interests described herein, and that said payment is made in lieu of condemnation. 8. Claims for all lump sum payments are certain, and are due and payable on or before the date specified herein. Buyer may include mortgagees, lienholders, encumbrancers and taxing bodies as payees i on checks for contract payments. 9. If, and only if, the Seller(s), immediately preceding this sale, holds the title to the premises in joint tenancy, and such joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this contract, and any continuing and/or recaptured rights of Seller in said real property, shall be and continue in Seller as joint tenants with rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either of such joint tenants, agrees to pay any balance of the proceeds of this contract to the surviving Seller(s) and to accept deed solely from them. 10. It is agreed Buyer may enter on the premises, upon Seller signing the contract, if necessary for the purpose of obtaining field information. 11. This written contract constitutes the entire agreement between the parties and it is understood that there is no agreement to do or not to do any act or deed except as specifically provided for herein. The entire contract consists of 3 pages. 12. Seller agrees to pay pro -rata share of property taxes for fiscal year 980, due and payable in 1981, to -wit /X /365 days, or % of $q ` (total) for a total estimated pro -rata share of $.3y 7� zE Said share shall be paid to the City at closing. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first above written. SELLER: BY &e:!2 2� uewey F. Petersen Lorraine C. Petersen TITLE: 6eusn K8VJUb . ur.� nuJnta 3 SELLER'S ACKNOWLEDGEMENT STATE OF IOWA ) SS COUNTY OF JOHNSON ) On this S/�i� ,�j day of a Notary Pub i ."in and for appeared 1 f/rr•� �i 1980, before me, the undersigned, a, County f Joh -n�� personally to me 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. CITY OF IOWA CITY BY. ACT' -;j6- C11Y MPNAGL7R � L Nott y Public in and for the State of Iowa My Commission expires BUYER: ATTEST: X CITY CLERK BUYER'S ACKNOWLEDGEMENT STATE OF IOWA ) SS COUNTY OF JOHNSON ) On this day of �980, before me, the undersigned, a Notary'Pp�j�c i -for the State of Iowa, County of Johnson, personally appeared- t,iand Abhip 9tAlfusk0 roe personally known, who by me duly sworn, did say that they are t Rqi* Manager aad GiEy Clerk,_ respectively, of the said municipal corporation by the authority of its City Council; that the said City Manager and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily . executed. Ce No ary Public in and 4orthe State of Iowa My Commission expires 30 n r. ;;.ticravc• F gCOiVeo '-� t 1 1lrll,t'(1y�S1i i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i r+ i r N ,n , r� 1_ 1 i I 3 SELLER'S ACKNOWLEDGEMENT STATE OF IOWA ) SS COUNTY OF JOHNSON ) On this S/�i� ,�j day of a Notary Pub i ."in and for appeared 1 f/rr•� �i 1980, before me, the undersigned, a, County f Joh -n�� personally to me 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. CITY OF IOWA CITY BY. ACT' -;j6- C11Y MPNAGL7R � L Nott y Public in and for the State of Iowa My Commission expires BUYER: ATTEST: X CITY CLERK BUYER'S ACKNOWLEDGEMENT STATE OF IOWA ) SS COUNTY OF JOHNSON ) On this day of �980, before me, the undersigned, a Notary'Pp�j�c i -for the State of Iowa, County of Johnson, personally appeared- t,iand Abhip 9tAlfusk0 roe personally known, who by me duly sworn, did say that they are t Rqi* Manager aad GiEy Clerk,_ respectively, of the said municipal corporation by the authority of its City Council; that the said City Manager and City Clerk as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said municipal corporation, by it and by them voluntarily . executed. Ce No ary Public in and 4orthe State of Iowa My Commission expires 30 n r. ;;.ticravc• F gCOiVeo '-� t 1 1lrll,t'(1y�S1i i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i r� 'I City of Iowa C'`f MEMORANDUM Date: October 1, 1980 To: City Council From: Bruce A. Knight, Planner/Program Analyst Re: Proposed Settlement, Parcel No. 12, Lower Ralston Creek Neighborhood Revitalization Project After discussing the City's purchase offer for the property at 220 E. Lafayette Street with their attorney, Mr. Bill Meardon, Mr. and Mrs. Peterson have responded with a counteroffer of $144,500. The City's purchase offer for this property was $131,000. It is the feeling of the staff after looking over the above—named counteroffer that this settlement is justified and the staff therefore recommends that the City settle for this amount. Attached please find a resolution authorizing the City Manager to sign and the City Clerk to attest the contract for acquisition of this property. bj3/4 MICROFILMED BY t� JORM MICR+LAB fi CEDAR RAPIDS • DES MOINES c: I I� j i i 1 i I BURLI DU Lee n of!,�I mil Ali 111 z w m ,. s011n I••-100' ;! Dev1s1DI ' I � 189x. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES n BURLI DU Lee n of!,�I mil Ali 111 z w m ,. s011n I••-100' ;! Dev1s1DI ' I � 189x. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES City of Iowa Cr`y MEMORANDUM Date:October 6, 1980 To: "Dale Helling, Assistant City Manager .. Abbie Stolfus, City Clerk Fropl!p� Jim Hencin R$: ' Deferral of Agenda Item #14 Item #14 (Contract for Engineering Design Services) on the October 7, 1980 City Council agenda should be deferred until October 21, 1980. City Engineer Chuck Schmadeke and I concur that this item should be deferred for the following reasons: 1. We have not negotiated an acceptable fee for engineering services. 2. We have agreed to reconsider the proposal submitted by another engineering firm. We anticipate having a final recommendation on a proposed engineering agreement for the October 21 Council agenda. cc: Chuck Schmadeke bcl/4 r�p3 4 w i i MICROFILMED BY _ JORM MICR+LAB r, �� CEDAR RAPIDS • DES MOINES. r „ , 1 City of Iowa Cr`y MEMORANDUM Date:October 6, 1980 To: "Dale Helling, Assistant City Manager .. Abbie Stolfus, City Clerk Fropl!p� Jim Hencin R$: ' Deferral of Agenda Item #14 Item #14 (Contract for Engineering Design Services) on the October 7, 1980 City Council agenda should be deferred until October 21, 1980. City Engineer Chuck Schmadeke and I concur that this item should be deferred for the following reasons: 1. We have not negotiated an acceptable fee for engineering services. 2. We have agreed to reconsider the proposal submitted by another engineering firm. We anticipate having a final recommendation on a proposed engineering agreement for the October 21 Council agenda. cc: Chuck Schmadeke bcl/4 r�p3 4 w i i MICROFILMED BY _ JORM MICR+LAB r, �� CEDAR RAPIDS • DES MOINES. MICROFILMED BY _ JORM MICR+LAB r, �� CEDAR RAPIDS • DES MOINES. MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-451 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT TO THE CITY'S UMTA SECTION 18 CONTRACT, ADDING NEW LANGUAGE REGARDING MINORITY i BUSINESS ENTERPRISE (MBE) AND WOMEN'S BUSINESS ENTERPRISE (WBE) PARTICIPATION. WHEREAS, it is in the public interest to provide public transportation to the citizens of Iowa City, which citizens include the physically handicapped; and WHEREAS, Iowa City has received a Section 18 grant from the Urban Mass ` Transportation Administration (UMTA) to purchase transit equipment under a joint program with the Iowa Department of Transportation (IDOT); and WHEREAS, IDOT and the City have negotiated an Agreement governing the terms of said grant for 1980 to 1982; and WHEREAS, it is now necessary for IDOT and the City to amend their agreement to comply with new language requirements regarding Minority Business Enterprise (MBE) and Women's Business Enterprise (WBE) participation in all U.S. DOT -assisted projects. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: that the City Manager is hereby authorized to execute an amendment to the Joint Participation Agreement between the City of Iowa City and the 3 Iowa Department of Transportation (IDOT). It was moved by Perret and seconded by Neuhauser the Resolution be adopted, Hand r roll call there were: v AYES: NAYS: ABSENT: d X Balmer X Erdahl X Lynch I X Neuhauser X Perret ' X Roberts X Vevera Passed and approved this 7th day of October, 1980. � AYOR_ ., ATTEST: CITY CLERK i R^C01VLD 6: r`PI ROVED i BY TEE LEGAL DEP.6 11.1E'T I MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES Axe 41 n1l c re 4 /Pk 1.1"I �P/NL I 6tjna4A res 041-ce - --- -- --- ---- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES has qj is I. or/ ha lit A Axe 41 n1l c re 4 /Pk 1.1"I �P/NL I 6tjna4A res 041-ce - --- -- --- ---- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES has is I. A 101v1A,E1EPARTMENT OF T2ANSPORTATIf1W `d'� �;• i> JBLIC TRANSIT DIVISION AMENDMENT TO THE JOINT PARTICIPATION AGREEMENT FOR THE RURAL AND SMALL URBAN AREAS TRANSIT ASSISTANCE PROGRAM, SECTION 18 OF THE URBAN MASS TRA14SPORTATION ACT, AS AMENDED AMENDMENT A: The existing Section 5.73, "Minority Business Enterprise," is stricken from the contract in its entirety, as follows: MICROFILMED BY JORM MICR+LAB ry 4 CEDAR RAPIDS • DES MOINES '} ,,in connection with the performance of this contract, the PUBLIC AGENCY will cooperate with the DEPARTMENT in meeting its commitments and goals with regard to the maximum utilization of minority business enterprises shall have the i maximum practicable opportunity to compete for subcontract work, under this contract." AMENDMENT B: A new Section 5.73, "Minority Business Enterprise," is added to the contract, as follows: , "The PUBLIC AGENCY or its subcontractors agrees to ensure that minority business enterprises as defined in 49 CFR Part 23 have the maxinwn opportunity to participate in the performance of contracts and sub- contracts financed in whole or in part with Federal funds provided under this. agreement (refer to Appendix 0 and P). In this regard the PUBLIC AGENCY and all of its subcontractors shall take all necessary and reasonable steps in compliance with Iowa DOT Minority Business Enterprise and Women Business Enterprise Program (MBE/1.1BE) to ensure minority business enterprises have the maximum opportunity to compete for and perform contracts. The PUBLIC AGENCY and their subcontractors shall not discriminate on the basis or race, color, national origin, or sex in the award and performace of U.S. DOT -assisted contracts. If as a condition of assistance the DEPARTMENT has submitted to U.S. DOT, or the PUBLIC AGENCY has submitted to the DEPARTMENT and the U.S. DOT or DEPARTMENT has approved a minority women business enterprise affirmative action program which the DEPARTMENT and/or PUBLIC AGENCY agrees to carry out, this program(s) is incorporated into this financial assistance agreement by reference (refer to Appendix Q). This program shall be treated as a legal ion shall be treated as a violation fthis afiinancialnd eassistance to carry oagreement. Upon notification to PUBLIC AGENCY of its failure to carry out the approved program the DEPARTMENT and/or U.S. DOT shall impose such Banc - tions and may include termination of this AGREEMENT or other measures that may affect the ability of the recipient to obtain future U.S. DOT financial assistance. The PUBLIC AGENCY or any of its subcontractors are hereby advised that failure to fully comply with the DEPARTMENT's MBE/WBE Program shall constitute a breach of contract and may result in ternination of this AGREEMENT or contract(s) by the DEPARTMENT or such remedy as the DEPART14ENT deems appropriate. Refer to Section 8.0 and 10.0 of the AGREEMENT. " MICROFILMED BY JORM MICR+LAB ry 4 CEDAR RAPIDS • DES MOINES '} RESOLUTION NO. 80-452 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS ATS WHEREAS, Jones Plumbing and Heating Inc of Iowa Cit Iowa has submitted the beet bid for the construction of -named project. the above NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the contract for the construction of the above-named project is hereby awarded to Jones Plumbing and Heating, Inc. awardee secure adequate performance bond and insurance subject ce certificates. condition that 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Vever a and seconded by Lynch that the Resolution as read be adopted, and Won roll call there were: AYES: NAYS: ABSENT= t Balmer x Erdahl Lynch Neuhauser x Perret Roberts x Vevera Passed and approved this 7th day of October , 19 80 MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOIN:S RECIUVED & APPROVED DX = I,L'GA.L DEPARUENT 1895 1: 1 RESOLUTION NO. 80-452 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS ATS WHEREAS, Jones Plumbing and Heating Inc of Iowa Cit Iowa has submitted the beet bid for the construction of -named project. the above NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the contract for the construction of the above-named project is hereby awarded to Jones Plumbing and Heating, Inc. awardee secure adequate performance bond and insurance subject ce certificates. condition that 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Vever a and seconded by Lynch that the Resolution as read be adopted, and Won roll call there were: AYES: NAYS: ABSENT= t Balmer x Erdahl Lynch Neuhauser x Perret Roberts x Vevera Passed and approved this 7th day of October , 19 80 MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOIN:S RECIUVED & APPROVED DX = I,L'GA.L DEPARUENT 1895 1 I I! i i i RESOLUTION NO. 80-452 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE RENOVATION OF AIR CONDITIONING AND HEATING SYSTEMS ATS WHEREAS, Jones Plumbing and Heating Inc of Iowa Cit Iowa has submitted the beet bid for the construction of -named project. the above NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I. That the contract for the construction of the above-named project is hereby awarded to Jones Plumbing and Heating, Inc. awardee secure adequate performance bond and insurance subject ce certificates. condition that 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Vever a and seconded by Lynch that the Resolution as read be adopted, and Won roll call there were: AYES: NAYS: ABSENT= t Balmer x Erdahl Lynch Neuhauser x Perret Roberts x Vevera Passed and approved this 7th day of October , 19 80 MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOIN:S RECIUVED & APPROVED DX = I,L'GA.L DEPARUENT 1895 I I n NOTICE TO BIDDERS Sealed proposals will be received by the City Clerk of the City of Iowa City at the Civic Center at 410 East Washington Street in Iowa City, Iowa until 10:00 A.M. on October 1, 1980, for work associated with the Renovation of Air Conditioning and Heating Systems at the Iowa City Civic Center, Police and Fire Department Building. At 10:00 A.M. on-4ol.4A I -IT, 1980, a representative of the City will open the proposals received and announce the results. The extent of the work is as follows: convert two existing steam heating systems to one hot water heating system; replace existing air conditioning systems for the Civic Center and Council Chamber; install humidification system for the Civic Center; install new electric power service to the building; and under an alternate proposal, replace the existing air conditioning system for the Police Department and expand the duct system to serve additional areas. All work is to be done in strict compliance with plans and specifications prepared by Charles J. R. McClure and Associates, Inc., Consulting Engineers, 7616 Big Bend Boulevard, St. Louis, Missouri 63119. Said plans and specifications are on file for public examination at the offices of the Engineer in St. Louis and the City Clerk in Iowa City. Each proposal shall be made on a form contained in the specifications and must be accompanied by an acceptable bidder's bond or a check drawn on and certified by a bank in Iowa, and filed in a sealed envelope separate from the one containing the proposal, and in an amount not less than five percent of the amount of the proposal, made payable to the City Treasurer of the City of Iowa City, Iowa, and may be enforced or cashed by the City as liquidated damages in the event the successful bidder fails to enter into a contract and file an acceptable bond satisfactory to the City assuring the faithful fulfillment of the Contract and guarantee of said improvements as required by law within ten days after the acceptance of his proposal. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent of the Contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the faithful performance of the contract and the terms and conditions therein contained. MICROFILMED BY JORM MIC R;L A B CEDAR RAPIDS • DES MOINES �i n NOTICE TO BIDDERS Sealed proposals will be received by the City Clerk of the City of Iowa City at the Civic Center at 410 East Washington Street in Iowa City, Iowa until 10:00 A.M. on October 1, 1980, for work associated with the Renovation of Air Conditioning and Heating Systems at the Iowa City Civic Center, Police and Fire Department Building. At 10:00 A.M. on-4ol.4A I -IT, 1980, a representative of the City will open the proposals received and announce the results. The extent of the work is as follows: convert two existing steam heating systems to one hot water heating system; replace existing air conditioning systems for the Civic Center and Council Chamber; install humidification system for the Civic Center; install new electric power service to the building; and under an alternate proposal, replace the existing air conditioning system for the Police Department and expand the duct system to serve additional areas. All work is to be done in strict compliance with plans and specifications prepared by Charles J. R. McClure and Associates, Inc., Consulting Engineers, 7616 Big Bend Boulevard, St. Louis, Missouri 63119. Said plans and specifications are on file for public examination at the offices of the Engineer in St. Louis and the City Clerk in Iowa City. Each proposal shall be made on a form contained in the specifications and must be accompanied by an acceptable bidder's bond or a check drawn on and certified by a bank in Iowa, and filed in a sealed envelope separate from the one containing the proposal, and in an amount not less than five percent of the amount of the proposal, made payable to the City Treasurer of the City of Iowa City, Iowa, and may be enforced or cashed by the City as liquidated damages in the event the successful bidder fails to enter into a contract and file an acceptable bond satisfactory to the City assuring the faithful fulfillment of the Contract and guarantee of said improvements as required by law within ten days after the acceptance of his proposal. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent of the Contract price, said bond to be issued by a responsible surety approved by the City and shall guarantee the faithful performance of the contract and the terms and conditions therein contained. MICROFILMED BY JORM MIC R;L A B CEDAR RAPIDS • DES MOINES The City reserves the right to reject any and all bids, and to waive informalities and technicalities and to enter into such Contract as it shall deem for the best interest of said City. Published upon order of the City Council of Iowa City, Iowa. Ab ie Stolfus, City Vlerk of the City of Iowa City MICROFILMED BY JORM MICFR+LAB CEDAR RAPIDS • DES MOINES F L The City reserves the right to reject any and all bids, and to waive informalities and technicalities and to enter into such Contract as it shall deem for the best interest of said City. Published upon order of the City Council of Iowa City, Iowa. Ab ie Stolfus, City Vlerk of the City of Iowa City MICROFILMED BY JORM MICFR+LAB CEDAR RAPIDS • DES MOINES FORM OF CONTRACT THIS AGREEMENT, made and entered into this 20th day of October ____ 1980 , by and between the City of iaw City_, 410. East WashingtoStre n et, Iowa City, Iowa, hereinafter referred to as the Owner, and _— hereinafter referred to as the "Contractor". --- WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and bid forms dated the 7th day of July , 1980 for Renovation of Air Conditioning and Heating Systems at the Iowa Civic Center, Police and Fire Department Building under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1 . That the Owner hereby accepts the proposal of the Contractor for the work and for the sums listed below: Base Bid---- $ 149,000.00 Alternate 1---- 13,700.00 Alternate 2---- 2,000.00 Alternate 3---- 2,700.00 Total $ 167,400.00 I. FORM OF CONTRACT THIS AGREEMENT, made and entered into this 20th day of October ____ 1980 , by and between the City of iaw City_, 410. East WashingtoStre n et, Iowa City, Iowa, hereinafter referred to as the Owner, and _— hereinafter referred to as the "Contractor". --- WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and bid forms dated the 7th day of July , 1980 for Renovation of Air Conditioning and Heating Systems at the Iowa Civic Center, Police and Fire Department Building under the terms and conditions therein fully stated and set forth, and Whereas, said plans, specifications and proposal accurately and fully describe the terms and conditions upon which the Contractor is willing to perform the work specified: NOW, THEREFORE, IT IS AGREED: 1 . That the Owner hereby accepts the proposal of the Contractor for the work and for the sums listed below: Base Bid---- $ 149,000.00 Alternate 1---- 13,700.00 Alternate 2---- 2,000.00 Alternate 3---- 2,700.00 Total $ 167,400.00 2. That this contract consists of the following component parts which are made a part of this agreement and Contract as fully and absolutely as If they were set out in detail In this Contract: A. Bidding Requirements and Conditions of the Contract, including: MICROFILMED BY JORM MICR¢LAB CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES / I ) Notice to Bidders 2) Instructions to Bidders 3) General Conditions, Division 1 4) Special Conditions, Division 2 5) Technical Specifications, Divisions 3 through - B. Drawincs dated July 7, 1980, numbered sheets M1 through M4 prepared by Charles J. R. McClure and Associates, Inc C. Addenda Numbers D. Contractor's Proposal. "r E. This Instrument. Above components are complementary and what is called for by one shall be as binding as if called for by all. _ + 3. That payments are to be made to the Contractor in accordance with and subject to the provisions v 4 1 embodied in the documents made a part of this Contract. 4. That this Contract is executed in triplicate. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES ri FORM OF CONTRACT IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. CITY OF IOWAACITY Bim/ (Seal) Title � ATTEST: (Title) )_� ContractorJones Plumbing f, Ileating, Inc. Presiden ATTEST: v C QCT (Title)_ Secretary 1) i 'i i i + rr + j +, + ri FORM OF CONTRACT IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. CITY OF IOWAACITY Bim/ (Seal) Title � ATTEST: (Title) )_� ContractorJones Plumbing f, Ileating, Inc. Presiden ATTEST: v C QCT (Title)_ Secretary 1) MICROFILMED BY JORM MICR+LAB �' CEDAR RAPIDS • DES MOINES i 'i i i MICROFILMED BY JORM MICR+LAB �' CEDAR RAPIDS • DES MOINES RESOLUTION NO. 80-453 RESOLUTION AhARDING CONTRACT AND AUTHORIZING .AYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE COURT AND CORRIDOR FOR THE DOWNTOWN PARKING FACILITY RAq —X—, BLOCK 83/84 IOWA CITY, IOWA WHEREAS, Streb Construction Co., Inc. of Iowa City, Iowa has submitted the best bid for the construction of - the above-named project. . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the contract for the construction of the above-named project is hereby awarded to Streb Construction Co., Inc. , subject to the condition that awardee secure adequate eq performance bond and insurance certificates. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond and insurance certificates. It was moved by Neuhauser and seconded by. Vevera that the Resolution as read be adopted, and upon roll call there worst ' — AYES: NAYS:* ABSERrt x Balmer x Erdahl x Lynch x Neuhauser x Perrot • x Roberts x Vevera Passed and approved this 7th day of October , 19 80 . KAYO ATTEST s CITY CLERK RICEIVED A Ai':RG'!ED I1Y Ta LEGAI, DFpARTU21T MICROFILMED BY JORM MICR+LA9 fi h CEDAR RAPIDS • DES MOINES I ADVERTISEMENT FOR BIDS FOR THE COURT AND CORRIDOR FOR THE DOWNTOWN PARKING FACILITY - RAMP A Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m., local time, on Tuesday, October 1, 1980 and opened immediately thereafter in the City Manager's Conference Room, Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 p.m., local time, on October 7, 1980 or at such later time and place as may then be fixed. The work will involve the following: Construction of an open -court and enclosed corridor. All work is to be done in strict compliance with the plans and specifications prepared by Carl Walker & Associates, Inc., Minneapolis, Minnesota, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa bank in the amount of 5% of the bid sum made payable to the City Treasurer of the City of Iowa City, Iowa. This bid security may be cashed by the City Treasurer as liquidated damages in the event the successful bidder fails to enter into a contract within fifteen (15) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest three or more bidders may be retained until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Bids will be received for a single contract including general, mechanical and electrical construction. Any bid may be withdrawn prior to the time set for receipt of bids. No bid may be withdrawn for a period of sixty (60) calendar days thereafter. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ion 9 �r .ir+ �• 1 I ADVERTISEMENT FOR BIDS FOR THE COURT AND CORRIDOR FOR THE DOWNTOWN PARKING FACILITY - RAMP A Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 2:00 p.m., local time, on Tuesday, October 1, 1980 and opened immediately thereafter in the City Manager's Conference Room, Civic Center, 410 East Washington Street, Iowa City, Iowa 52240. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 p.m., local time, on October 7, 1980 or at such later time and place as may then be fixed. The work will involve the following: Construction of an open -court and enclosed corridor. All work is to be done in strict compliance with the plans and specifications prepared by Carl Walker & Associates, Inc., Minneapolis, Minnesota, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Each proposal shall be made on a form furnished by the City and must be accompanied by a bid bond or cashier's or certified check drawn on an Iowa bank in the amount of 5% of the bid sum made payable to the City Treasurer of the City of Iowa City, Iowa. This bid security may be cashed by the City Treasurer as liquidated damages in the event the successful bidder fails to enter into a contract within fifteen (15) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest three or more bidders may be retained until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Bids will be received for a single contract including general, mechanical and electrical construction. Any bid may be withdrawn prior to the time set for receipt of bids. No bid may be withdrawn for a period of sixty (60) calendar days thereafter. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ion 9 The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) .of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation and the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and acceptance by the City. The following limitations shall apply to this project: Completion Date: December 21, 1980 Ab ie StolfuACityler MICROFILMED BY DORM MICR+LAS CEDAR RAPIDS • DES MOINES f. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) .of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation and the contract, and shall also guarantee the maintenance of the improvement for a period of one (1) year from and after its completion and acceptance by the City. The following limitations shall apply to this project: Completion Date: December 21, 1980 Ab ie StolfuACityler MICROFILMED BY DORM MICR+LAS CEDAR RAPIDS • DES MOINES ■ This document has important legal consequences; consultation with an attorney is encouraged with �rcspcctto 1 its completion or modification. i r STANDARD FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR ON THE BASIS OF A STIPULATED PRICE • � S'I'(pIIIEf�CL-71Ii�/I\jC�t\AJ11an3 • • x�V IJ��.vr~ " C n ti 1�N f NC x CUUR CSS ` Jointly Issued by PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE ,I A Practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS and by AMERICAN CONSULTING ENGINEERS COUNCIL and by CONSTRUCTION SPECIFICATIONS INSTITUTE © 1978, NATIONAL SOCIETY OF PROFESSIONAL ENOINF.F.RS 2029 K STREET, N.W.. WASIHNOTON, D.C. 20006 AMERICAN CONSULTING ENGINEERS COUNCIL 1155 15TH STREET, N.W.. WASHINGTON, D.C. 20005 ECINCATIONS INSTITUTE 1150 17TH STREET, N.CONSTRUCTION., HINGTON, D.C. WASHINGTON, D.C. 20076 This Standard Form of Agreement has been prepared for use with the Standard Form of Instructions to Bidders (NSPE-ACEC Document 1910.12, CSI 56466, 1978 edition) and with the Standard General Condi- tions of the Construction Contract (NSPE-ACEC Document 1910.8, CSI 56465, 1978 edition), Their provisions are interrelated and a change in one may necessitate a change in the others. Comments concerning their usage are contained in the Commentary to the Documents, NSPE-ACEC 1910.9, 1978 edition. NSPE-ACEC 1910-8•A-1 CSI 56467 Rr111•intrd 9.78 11111 MICROFILMED BY JORM MICR+LAIR CEDAR RAPIDS DES MOINES "`"``moi';• , , th Novem THIS AGREEMENT is dated as of the.......10.......................day af........ber 19.. 8�..... by and between ..: , The City of Iowa City......... Iowa City, Iowa (hereinafter called OWNER) and Streb Construction Co., Inc. (hereinafter called CONTRACTOR) OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: An open court of approximately 1,600 square feet and a stair exit corridor of approximately 700 square feet. The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Court and Corridor for the Downtown Parking Facility Ramp A, Block 83/84......... Iowa City, Iowa Article 2. ENGINEER. The Project has been designed by Carl Walker & Associates, Inc. who is hereinafter called ENGINEER and who will assume all duties and responsibilities and will have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. n3.1. The Work will be substantially completed on or before ......,December. 21„•.•........... , 1960 , and '6 completed and ready for final payment in accordance with paragraph 14.13 of dte General Conditions on or before .......... D.ecembar. 21 .............. . 19.80. 0 V Y h 3.2. Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and that OWNER will suffer financial loss if the Work is not substantially complete within the time specified in paragraph 3.1 above, plus any extensions thereof allowed In accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by OWNER if the Work is not substantially complete on time, Accordingly, instead of requiring any such proof, OWNER and CONTRAC- TOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay 'OWNER ............................................ dollars IS .................... )for each day that expires after the time specified in paragraph 3.1 for substantial completion until the Work is substantially complete. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for performance of Ih. Work in accordance with the Contract Documents in current funds as follows: (here Insert a lump sum, unit prices or both, attaching exhibits if necessary) (CONTRACTOR's Bid may be attacher) as exhibit to avoir/ lengthy retyping of unit price schedules, forrmllae for escalation of prices, information as to alternatives, etc,) Article S. PAYMENT PROCEDURES. Contractor shall submit Applications for Payment in accordance with Article 14 of the General Conditions. Applications for Payment will be processed by ENGINEER as provided in the General Conditions. Pace I of ...3..... pages MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES j s ti t r /g9G 1 ..I. Progress Payments. OWNER shall make progress payments on account of the Contract rice on the basis of CON. aCTOR's Applications for Payment as recommended by ENGINEER, on or about the..... lull... , , .. ,day of each nuh during construction as provided below. All progress payments will be on the basis of the progress of the Work measured y the schedule of values provided for in paragraph 14.1 of the General Conditions. �, ,ice..., c•. ; .,r....,,ldufirrt !'^aa+rauumriC' ' TP er-rno I ,•.fiiYifYitiYYk�if{tC4!•�a—..—•,,•-.... e.,n..r.-n u ' 5.2. Fina! Payment. Upon final completion and acceptance of the Work in accordance with paragraph 14.13 of the General Conditions, OWNER shall pay the remainder of the Contract Price as recommended by ENGINEER as provided in said paragraph 14.13. Article 6. INTEREST. All moneys not paid when due hereunder shall bear interest at the maxinmm rate allowed by late at the place of Ilse project. Article 7. CONTRACTOR'S REPRESENTATIONS. . _ In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations: R 7.1. CONTRACTOR has familiarized himself with the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state local laws, and ordinances, rules and regulations that in any manner may affect cost, progress or performance of the Work. v r 7.2. CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent physical condi- s tions at the site or otherwise affecting cost, progress or performance of the Work which were relied upon by ENGINEER in the ;' r preparation of the Drawings and Specifications and which have been identified in the Supplementary Conditions. 7.3. CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of such reports and related data in addition to those in referred to paragraph 7.2 as lie deems necessary for the performance of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of the Contract Documents: -:, and no additional examinations, investigations, tests, reports or similar data are or will he required by CONTRACTOR for such purposes, 7.4. CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests, reots and data with the terms and conditions of the Contract Documents. p '! 7.5. CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he has discovered in the Contract Documents and Ilse written resolution thereof by ENGINEER is acceptable to CONTRACTOR. 7.6. _. Article 8. CONTRACT DOCUMENTS. The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR are attached to this ' Agreement, made a part hereof and consists of the following: 8. 1. This Agreement (pages I to 3.., inclusive), t 8.3. Performance and other Bonds, identified as exhibits ...A. $. R ........... and consisting of .4.. pages. i i 8.5. General Conditions page 2 of ...,3...., pages Af / 1 i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES e l' f 1 e l' f _i I 8.7. Specifications bcarir,a the tide 8.8. 8.9• Addenda number# 1 I.W. CONTRACTOR'sBid 'psi .... Court and Corridor for Downtown Parking ::::;;.: , Ramp A Block 83/84.. •Iowa Cit 8.12• Any Modification, including Change Orders, duly delivered 8.13. after execution of Agreement. There arc no Contract Documents other than those listed above in this Article 8, mended or repealed by a Nlodirication (as defined in Section I of the General a The Contract Documents may only be ahered. Article 9. MISCELLANEOUS. Conditions). 9.1. Terms used in this Agreement which are defined in Article 9.1 ;1 ) in the General Conditions. 1 of the General Conditions shall have indi 9.2. No assignment b the meanings Y a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the wriuen consent of the moneys that may become title and moneys ilia, are due may not beassignedgh,to sucbe consent (except to the extent thm the effect of this restriction may be limited b specifically but without limitation, as"linmem no assignment will release or discharge the assignor from any duty or responsibility under Contract Documents. and unless specifically stated to the contrary in any written consent to an 9,3. OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal representatives to [he other party hereto, his partners, successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Contract Documents, Article 10. OTHER PROVISIONS. W WITNESS TRACTWHEREOF R'the parties hereto have signed this Agreement in triplicate. Onec to OWNER. CONTRACTOR and ENGINEER. All portions of the Contract Docmnems have been signed or identified ed OWNER and CONTRACTOR orb °o'""erpart easel, has been delivered y ENGINEER on their behalf. by This Agreement will be effective on November 10 OWNER /. / • _ ......................... 19,80 �! CONTRpCTO • � 11� )CORPORATE SEAL) (CORPORATE SEAL) Attest ....................... Address for giving notices �,�" ' ........................ (If OWNER is a public body attach evidence or authority to sign and resolution or other document authorizing execution of Agreement.) Address for giving notices Page 3 or .. 3 ...... pages MICROFILMED BY JORM MICR+LAB t: CEDAR RAPIDS • DES MOINES a n Exhibit A THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY '11-IESE PRESENTS: that Streb Construction Co., Inc. Iowa City, Iowa as Principal, hereinafter called Contractor, and, Merchants Mutual Bonding Company Des Moines, Iowa Bond i'IA-404,221 r; ntrrr �nvr1 IoII mme and add.... nr 4Ral ml, ul CnmuUnq Irma mvrl bll mmr and addrm, nr IrRp Inlr nr Swap as Surety, heicinaher called Surety, ale held and firmly hound unlr, The City of Iowa City Illlrr mvn lull on, and ,AiLm, ar Irld WI, of 0-,Im 410 E. Washington St. Iowa City, Iowa 52240 as Obligee, hereinafter called Owner, in the amount of Thirty -One Thousand (line Hundred Twenty - Eight and Ito/100--------------------------------------------------------------------- -------------------------------------------------- Dollars l8 31,928.00 for the payment whereof Contractor and Surely bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated November 10 ,1980 , entered into a contract with Owner for 0W, imrn lull namr. +ddlm and Amr npuon nl pnyrr 11 construction of an open court and an exit corridor for downtown parking facility in accordance -with Drawings and Specifications prepared by Carl Walker & Associates, Inc. nbm lug mmr and addrrm ur Ir(al Inlr of Aglraerl7 6100 Golden Valley Road Minneapolis, Minnesota 55422 which contract is by reference made a part heleol, and is hereinafter referred to as the Contract. ------.._ __.._ ----- -------- AIA nUCUMINT A)I1 I't RIORAIANCI RnND ANO IAII(19 IWD AIAII NIAI I'AY!.11 !.I III IN() AIA (� 1111RUARY 1970 ED. • IIQ AAI( RICAN INSIIIUI( Of ARCIIIIIC IS. CIS N.Y. A\'i., I: N', 11'ASIIIN(;ION, U. C 7WUG MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS r DES MOINES M i n Exhibit A THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Performance Bond KNOW ALL MEN BY '11-IESE PRESENTS: that Streb Construction Co., Inc. Iowa City, Iowa as Principal, hereinafter called Contractor, and, Merchants Mutual Bonding Company Des Moines, Iowa Bond i'IA-404,221 r; ntrrr �nvr1 IoII mme and add.... nr 4Ral ml, ul CnmuUnq Irma mvrl bll mmr and addrm, nr IrRp Inlr nr Swap as Surety, heicinaher called Surety, ale held and firmly hound unlr, The City of Iowa City Illlrr mvn lull on, and ,AiLm, ar Irld WI, of 0-,Im 410 E. Washington St. Iowa City, Iowa 52240 as Obligee, hereinafter called Owner, in the amount of Thirty -One Thousand (line Hundred Twenty - Eight and Ito/100--------------------------------------------------------------------- -------------------------------------------------- Dollars l8 31,928.00 for the payment whereof Contractor and Surely bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated November 10 ,1980 , entered into a contract with Owner for 0W, imrn lull namr. +ddlm and Amr npuon nl pnyrr 11 construction of an open court and an exit corridor for downtown parking facility in accordance -with Drawings and Specifications prepared by Carl Walker & Associates, Inc. nbm lug mmr and addrrm ur Ir(al Inlr of Aglraerl7 6100 Golden Valley Road Minneapolis, Minnesota 55422 which contract is by reference made a part heleol, and is hereinafter referred to as the Contract. ------.._ __.._ ----- -------- AIA nUCUMINT A)I1 I't RIORAIANCI RnND ANO IAII(19 IWD AIAII NIAI I'AY!.11 !.I III IN() AIA (� 1111RUARY 1970 ED. • IIQ AAI( RICAN INSIIIUI( Of ARCIIIIIC IS. CIS N.Y. A\'i., I: N', 11'ASIIIN(;ION, U. C 7WUG MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS r DES MOINES M PERFORM 1NC[ Boll 4 ( I lHIMORI. TII! COND1110p: O1 THIS URIIGAIIUV 1-s suJr Thal. if (nnlyd(lur shall puunPllY and (arlldully Perlwm Contract, then this obligation shall be null and surd, nll'( wise. a shall rrnrain in full force and e(irrl FW Surely hereby s,ai,cs nu6(v of any alteral,on m ralcnsion of time made by the Owner. Whenever Contractor shall he, and declared by ()%% nor to be in default under the Contract. Iht' Owner %,hung Performed Owner's obligations(hereunder. the swety may Promptly remedy the dclauh, or shall promptly 11 Complete the Contract in a,((udance with its Icons and conditions, or 2) Obtain a bid or bids for t oroplMmg the C.... l a(uudancc with qs m leant and (ond'oom an,I upon dr Ierminalion by Surety of Ihe losses, responsible bidder, or, if the Owner elects, upon drtrrmma lion by the Oss•ncr and the Surely juinlly of the luwesl ,nsible bidder, arrange for a contract between sur% bidderesponsible and OwTaerand make available as wcisk proglesses (cern though there should be a default (It a su(cess)nn of d Signed and scaled Ihis 29th day of de4ndl. 1,111-"•1- Dn• (onlracl 1,t curllrach of cungdelrun ao--):1-•d 1,11111-1 Ihis 1taral:1JPla suffrcrenl fund% In Pay the uru n! („m plrlhm I(•ss Ihr halance of the contract price. but not 1-•,r rrrhng. including (,tiler cosh and damagrt Inr 1-.6,1 h the Sorely map be "able hrr(wnder, the amount u•t h1,1h I the hrsl paragraph herrn(. The term "balanic nl Ihr tnnllaU Price as used in Ihh parag4aph, shall nu•ao t6,• 1(1,11 amount payable bs. Clsrner m Contractor 1,11111-.1- Ihr' ( nnlract ,and any ,unen(InAm la Ihrrelo, less Ihr• inn nntl prupedy p.ud try Owner In Cnntraclnr. Any sun undr, Ihrs bund must hr uxtrhd l'O hr•lure the e•pval.on nl Iwo 171 years horn t"1-• %nal I'Oolerll under the Conflict falls duerla 11- on which No right of achnn shall accrue on this bund to 01 ((if Ihr use of any Person or cWtUrraoon other than the Ooner named herein or the heirs, e•c('cuiors, adminis. Irdlors or successors of the Owner. October 19 80 Stroh Construction Co., Inc. �-1 11'nmrparl _.___.__._.--'•,f.1, ------ rinlrl 111 -- Merchants Mutual Bonding Company yl U UVrinr'sl � � M. J. LDh( Pvl .___ -- e Pr s4dent AIA DOCl1971N1 AJ 11 I'I NI OFAIANCf III IND ANO IARnR AND -' Rt I 1'M A1IN1 LUNO AIA (n IIANUARY 1Wp lU. • lift AWRICAN IN5111111( (11 ARCUUI(:Is, llls N.1'. A\'1 , N ty„ 51'ASIIINC ON D. C.IA F --.------- 2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS r DES MOINES I THE AMERICAN INSTITUTE OF ARCHffECTS AIA Document A317 Labor and Material Payment Bond Bond HIA-404,221 THIS BOND IS ISSufff SIMUITANIOUSIY "'1111 PIR1pRr.1ANCf BOND IN rAVOR of TNI OWNIR CONDNIONIO ON IHI WILL ANU IAn1IlUl I'MORMANC! Or TIIl CONTRACT I KNOW ALL MEN BY THESE PRESENTS: that Streb Construction Co., Inc. Iowa city. -Iowa little ,r.I nr ll nl, nd.,,Ilr,,, n, IeR,, ,1 ennlr.,lpt1 as Principal, hereinafter called Principal, and, Merchants Mutual Bonding Company Des Moines, nr mtll lull amt and olden n, 1,8.1Ino nl Suregr Iowa as Surety, hereinafter called Surely, are held and firmly bound unto The City of Iowa City Viler n,,,, lull n,me I'd Idd,en or Irpl .it, of Dnned E. Washington St. as Obligee, hereinafter a s;Itlydinbowa er called Owner, for the use and benefit of rlainlaIowits as T , a o"' defined, in the 2 40 amount of Thirty -One Thousand cline Hundred Twenty -Eight and No/100----------- _ little insist I tum rgwl to Is lens oneo-hdl of 11" on, l p ort -------- for the payment whereof Principal and 5urely bind Ihemselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by wtitten agreer lent dated November 10, 19 80 , entered into a contract with Owner for (line inset, lull nine, Idd,ns Ind description u(1111111111 construction of an open court and an exit Corridor for downtown parking facility in accordance -with Drawings and Sperifiralions prepared by Carl Walker & Associates, Inc. hien nrinl lull ami II d ddm.. n, I19II 1-11, nl b,hdr Nl 6100 Golden Valley Road which contract is by reference nlade a par, hereof, and is MinnIapol i a Minn Dthe oes 55Conlract, AIA nOCllAll N1 A711 I`l RI(7RAIAt<[! BOND ANTI IAROR ANU 1.IA II RIM PAY.51lN/ IICL•rD AIA (� IIBRUARY 1970 ID, • fill AMIRICAN IN51111111 Of ARCIIIIICTS, 17JS N,Y. AVL, SVASIIINf.f ON, D. C. 100DL_-- 3 MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS •DES MOINES its T o; A" f I; r � 4 1 1 THE AMERICAN INSTITUTE OF ARCHffECTS AIA Document A317 Labor and Material Payment Bond Bond HIA-404,221 THIS BOND IS ISSufff SIMUITANIOUSIY "'1111 PIR1pRr.1ANCf BOND IN rAVOR of TNI OWNIR CONDNIONIO ON IHI WILL ANU IAn1IlUl I'MORMANC! Or TIIl CONTRACT I KNOW ALL MEN BY THESE PRESENTS: that Streb Construction Co., Inc. Iowa city. -Iowa little ,r.I nr ll nl, nd.,,Ilr,,, n, IeR,, ,1 ennlr.,lpt1 as Principal, hereinafter called Principal, and, Merchants Mutual Bonding Company Des Moines, nr mtll lull amt and olden n, 1,8.1Ino nl Suregr Iowa as Surety, hereinafter called Surely, are held and firmly bound unto The City of Iowa City Viler n,,,, lull n,me I'd Idd,en or Irpl .it, of Dnned E. Washington St. as Obligee, hereinafter a s;Itlydinbowa er called Owner, for the use and benefit of rlainlaIowits as T , a o"' defined, in the 2 40 amount of Thirty -One Thousand cline Hundred Twenty -Eight and No/100----------- _ little insist I tum rgwl to Is lens oneo-hdl of 11" on, l p ort -------- for the payment whereof Principal and 5urely bind Ihemselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by wtitten agreer lent dated November 10, 19 80 , entered into a contract with Owner for (line inset, lull nine, Idd,ns Ind description u(1111111111 construction of an open court and an exit Corridor for downtown parking facility in accordance -with Drawings and Sperifiralions prepared by Carl Walker & Associates, Inc. hien nrinl lull ami II d ddm.. n, I19II 1-11, nl b,hdr Nl 6100 Golden Valley Road which contract is by reference nlade a par, hereof, and is MinnIapol i a Minn Dthe oes 55Conlract, AIA nOCllAll N1 A711 I`l RI(7RAIAt<[! BOND ANTI IAROR ANU 1.IA II RIM PAY.51lN/ IICL•rD AIA (� IIBRUARY 1970 ID, • fill AMIRICAN IN51111111 Of ARCIIIIICTS, 17JS N,Y. AVL, SVASIIINf.f ON, D. C. 100DL_-- 3 MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS •DES MOINES its T 1` _-.�� ......... • .. .. i.t_-..rtir'hdl•:s�I%r�:st.rc+,t4�.l;i+:�1'(��ub�:U,601? AND AVIERIAL p�nNIENT BOND Fer1N•. 111IR111 :l. Illi (fP'J,,IION of I'll, 11f111G\IIU': Ia kill II 111.11. If 1'nn(Illal 511.111 (Ira1111111'y raJkC 11,r'ftlrnl lu all (Iaunnnls as hew.nal4', 11,hnt'd, lilt all 1.16ur end 111,11f.".11 uavl t n•,:aunalily rrquln'd Int tilt, m the• prduonanrr of (lie Cunhacl, then This obhg.1ti0n shall lir end; othrnsvlsr n ah.rl) r(•rn,un ill full flirt" and effect, Buhl Inti,, to the fol- !nr<-ing conditions: cct, buss s I. A claimant is defined as onehaving a (1"(10nln. tracl with the Principal or v,ilh a Suhcontiaclor of the Principal for labor, material, or brtlh, used of 1P.1%unably required for use in the performance of the Contract labor and material being (nnauued to me Jude Ilial 11,111 ill water, gas, pnwer, light, heal. ud, l;aanhnr.Set Irlrpiunlr vice or rental of equipment durclly applicable lu I,. Contact. 1. the above nanu'd I'0r1u11e1 and solely brmhy. jointly and severally agree with the OsvrleIleal (.,.Cry claimant as hen -in definedwho has fill, been11 p,ud m lull before file e>,piralion . of a p,riod of ninety Inn) days alter the date on which file last of such claimant's work or labor was done or performed, or maierials %vete 'lu'nished by such claimant. may site on this bond for the use of such claimant, prosecute the suit to hn,tl ,judgment for such sum nr sums as may be justly due 'claimant, and have eaeciown it ervon. The Owner sh.Jl not he liable for the paymrnl of any costs or [%proses of any such suit. ".No suit Of action shall IlecnrnrnrncrO hen•unrltY by any claimant: a) Unless claintanl• (1111,1 Ihan one 1laving a dnrrl Pi(ta r tit eContract r elo sans lao ell flet Il, half nllusvml:, the Pfin(ve tip'll,lldlr Ownt•r, Ili 111. Solely abuvr nanu'd, w•11hrn 111110y 1'1111 days after w(11 daunanI Ibd or In -donned Ihr last n! the work or labor, or fuln %hid file Iasi of the ma lwials for which said claim is mad,, slaps!; will, subsiannal .1l unary Ibr amount rlalmrd and the name of the party 111 \s burl 'fit':nalrrials were furnished, at, for whom flit• our{, ter labor seas door m prrlonned Such notice shall hr sen'ed by lnadmg the same by registered mail nr n•rldw(f road, postage pr<•pmd• m an rneelopc ad- lhI("(' to Ihr I•rint ipal. (hvnrl ur SurC•ly, at any place ss IM t• ,In off'" is lef"llally main l.1ind for the bans. legal of Luslov;%, or srn'1'd in ally manner in whi(h Ie{;al pnlreas ntay be served m the a:d1r 1n which the .dnn•sartl 11ngnu h 11'"Ied, save Ilial suth service 'need I'M lir made by a public nlhcrr. b) Aller the eyurallon of nne (II year Inllots mg :h, date on which Principal craserl Work on s,ud Contract, it brusR undcrstond. however, "hal d any linlila,hon rm If,_tl %I Ibis,0 a is prohibited by any law controlling, If,_ tonstnlcifon hereof such limilatinn shall be deemed. In lir ...... rd "I ti to he ritual to the minimum period: of hmiladnn permiocd by such lase. U ()file' than in a state (null of competent jurisdlcli(1n - In and far the County or ulhrr puhbtal sUb,b,isinn pl' Ihr slate in which the Project, or any part thereof. is l sm1.1h•d, or in the unlled Slalra f)iyrict C(1uri for Ihr t -d, in whi(h the Projccl, nr any part Ihcreni, is sit% u.1 n'd. and nllt t•Isew'hvre. •1 Ihr ar11...... I of this band shall he rrCluu'd In end to Ihr "I"It of any p.1ymew lir paynlr•nta nl.1de tit gond bulli ...rrun(Irr, intlu'•n r' of Ihr $).1y'1u•nl by Surely (1f mer 11.111n%, terns V01101 '11.1y be bled (If lefortl a1;,linsj said nnprm eaa'nl• sshether Of 1101 claim fur the arnuunj , ill su(h hen lir prrsvnled unrlrt anti against Ihr bond. 5igned and scaled this 29th day of October Streb_ Construction 10., Inc. _ --- -r�v, tZz z J, Merchants Mutual Bonding Company ' ---- --._. l,1. ] L ing, Vice President AIA Uof.UAlnal A511 I' .. __. _ _ - _ t r1oNUANY IYIU IU.• IIII A•.I NI10'NAn'(l It11N11 ANI) IAllf 1N A!:I1 r.ImimAI Ile)YII AL1 i•: —�- --- II Nr( AN INS J111 111 AN[ I ll o( 1%, 1115 N Y At'1 , N lY , \VA5111Nr. O rI MICROFILMED BY 5 JORM MICR+LA6 a CEDAR RAPIDS • DES MOINES ■: W CERTIFICATION F I, the undersigned officer of the MERCHANTS MUTUAL BONDING COMPANY, hereby certify that the following is a full and true copy of Section 5 and Section 5b of Article II of the By -Laws of said Company: Section 5: — The Chairman of the Board or President or any Vice President or Secretary or any Assistant Secretary, shall have power and authority to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writing obligatory in the nature there of. 5b: — The signature of any authorized officer and Seal of the Company may be affixed by facsimile to any Power o(Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Contpany. W.W. %Varner, President and Chairman of the Board; H.D. Stiles, Vice President; Rodney Bliss III, President; C.W. Story, Vice President; M.M. Thompson, Vice President; Vice "resident; William W. Warner, Vice esidesidLong, Vice President; W.G. Brundage, Secretary -Treasurer; Gene Davis, Assistant Secretary. IN TESTIMONY WHEREOF, MERCHANTS MUTUAL BONDING COMPANY, this 29th_ day of Octobep g0 19 _ President State of Iowa ) )ss County of Polk ) On this 29th day of October , 1980 before me a eared W.w. Warner, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed andsealed in behalf of said Corporation by authority of its Board of Directors, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. NOTARY SEAL Notary Public, Polk County, Iowa My Commission Expires 9-30-83 MICROFILMED BY a JORM MICR;LAB CEDAR RAPIDS • DES MOINES ,i r d City of Iowa City, Iowa Street CHANCE OR EXTRA WORK ORDER Contract No. Concerning: Court & Corridor for Downtown Parking Facility Ramp A No. 1 Kind of Work_ Deduction for work Performed ro: Streb Construction Co. Inc. You are hereby ordered to make the following changes from the plans or do the following ext work on your contract dated A. Description of change to be made or extra work to be done: I Concrete walkway and sewer between ramp entrance/exit and Clinton Street R. Reason for ordering change or extra work: Work has been contracted and/or completed, C. Settlement for cost of work to be made as follows: I Deduction of base bid in the lump sum amount of $4,487.00. �nNi.A Date: ' "DV. 19 nst ti i cer —, Approved: Date:x-19 a Receipt is acknowledged of this change or extra work order and terms of settlement are hei agreed to. lie— .' Ji7'yC 'tractor � Dace: 6j By: ��/ �%% /� 4• Approved: MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES �fL ! 1, RESOLUTION No. 80-454 77Gcct� RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE CBD STREETSCAPE IMPROVEMENT PROJECT PHAgP TT_r WHEREAS, Pleasant Valley Orchard and Nurser ,Inc. of Iowa Iowa has submitted the beet bid !or the construc the above-named pro}act, tion of J NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I- That the contract for the construction of the above-named project IS hereby awarded to Pleasant Valle Orchard and Nurser Inc. awerdee secure adequate performance bto the ond and insurance cesubjertiiicabacondltion that 2. That the r is hereby aut ed to sign and the contract for theoconstructi n ofhthe rabovs-named project, subject* toto othetccdithe tio that awardee secure adequate performance bond and insurance certificates. n It was moved by Vevera that the Resolution as read ba adopted, and mon roll and ll callll tChseconded—,and by Terret ere wers: AYES- NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret Roberts Vevera Passed and approved this 7th day of October 19 80 , I ATTEST: CITY CLE MICROFILMED BY JORM MICR+LAB j CEDAR RAPIDS - DES MOINES RECF.IVFI} 4 APF1107E0 is :a IWGAL 1`FiAh1"VZT .mss /v -z -yam 1897 i F: DIVISION I SECTION E FORM OF CONTP.ACT TH!S AGREEMENT, made and entered into this I C o l= by qnd between the CITY OF 101•IA CITY/_TOA, by its Mayor upon by resolution of the City Council of said Cit hereafter called the CITY and PL-ASA*IT VALL Y 03;HARDd Y' hereinafter —C-1 -Ud the CONTRACTOR. UNT';ESSF.TH: That whereas the CITY has heretofore caused to be prepared certain plans an? specifications dated �� Cer•tral Business District Streetslca e Ln�•�.,?,m=ntProject and entitled pl:ns and specifications are not.; onfilewith the CtyClerksoflthe Cityh O- Iowa City, Iowa and "hereas, the CONTRACTOR has subclitted a bid to perform the work as de- scribed and set forth in said plans and specifications, and l,heraas, said plans and specifications, and bid accurately and fully de- scribed the terms and conditions under which tc Pe• the CONTRACT02 is willing r Iform said wc•rk; 1:0:. THEREFORE, IT IS AGREED: 1. That the CITY hereby accepts the tid of the CONTRACTOR for the work and for the sums listed ;herein- Total Amount S_ 131:,. 28.77 2. That this Contract consists of the following component parts which are nade a part of this agreement and Contract as fully and absolutely as if they were set out in detail in this Contract: a. Addenda Numbers 1 b. Detailed Specifications C. Plans d. Notice of Public Hearing e. Advertisement for Bids f. Instructions to Bidders g. Special Provisions MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES I L. t h. Special Conditions i. General Conditions j. Contractor's Bid k. This Instrument Above components are complementary and what is called for by one shrill be as binding as if called by all. 3. That payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the documents made a part of this Contract. 4. That this Contract is executed in Triplicate. J" WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. CITY OF Iowa City IOWA CONTRACTOR Pleasant'/alley Orchards k Nursery, (Title) Mayor (Title) Arle Krocze, President ATTEST: (Ti t•Ie) City Clerk ATTEST: (Title a Notary Public certify that personally came before me this day and acknowledged that he is y of .x.•4,.4. , 1, Ji.4" .,;,+/ i.,l.•) !� �r.'w%v!•..; ,. and that by authority duly given and as the act of the corporation of the foregoing instrument was signed in its name by its _ 7 r 1 6'itnass my, hind and seal this ,)•''' day of 19 rf . T-•�7.1G i•/l.,'i�t, ..: My Commission Expires: 9=3/. •L. Notary Public I -E-2 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a J i l! DIVISION I SECTION F IA 403752 PERFORMANCE AND PAYMENT BOND Ytt04! ALL MEN BY THESE PRESENTS THAT Pleasant they Orchard & Nursery Inc. Here insert the name and address of legalCtitlelof the Contractor a Principal, hereinafter called the Contract and I , Here insert the leoal title of thedin Surety pane Surety, are held and firmly bound u as Surety, hereinafter called thento the City of lows City, Iowa, as obligee, hereinafter tailed the Owner, in the amount of p —O=—hundrPsLtshiety-fnnr ttoUSan.J,_four hundeedeighty �,�� & 77/100 (5134 488 77 for the Payment wiereof Contract and Su a _'t bind themselveS, their heirs, er.ecutors, administrators, successors and assigns, jointly and severally, firmly by these presents. I•PPEREAS, Contractor has by written agreement dated 19 80 entered into a Contract with Owner for �heconstruc, tion of' ventral Business District Streetscape Improvement Project Phase II- Cin accordance with drawings and specifications prepared by Ames Engineerin- and Testing Company for the City of Iowa City, which Contract is by ref- r erence made a part hereof, and is hereinafter referred to as the Contract. NCII!, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Cor- irzctor shill promptly and faithfully perform saidContract, then the obligation of this bond shall be null and void; otherw main in full force and effect. ise it shall re - A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. S. Whenever Contractor shall be, and is declared by Owner to be, in de- fault under the Contract, the Owner having performed Owner's obliga- tions thereunder, the Surety may promptly -remedy the default, or shall promptly: 1• Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon determination by Owner and Surety of the lowest responsible bidder, arrange fora contract between such bidder and Owner, MICROFILMED BY JORM MICR+LA9 { CEDAR RAPIDS • DES MOINES Ask and make available as wort: progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Con- tract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend- ments thereto, less the amount properly paid by Owner to Contrac- tor. C. The Contractor and his Surety shall, be obligated to keep the storm sewer and street pavement improverents covered by this bond in good repair for a "rinri or ;'i;re (5) year, and thearifa, .JQ'.'...^t� ed by this bond in good repair for a period of�two (2) years, and all other improvements coverd by this bond in good repair for a period of one (1) year from the date of acceptance of the improvements by the Owner. D. Any suit under this bond must be instituted before the expiration of five (5) years from the date on which final payment under the Contract falls due. E. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the prinicpal or with subcontractors all just claims due them for labor perforned or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, area part of this bond to the same extent as if they were ex- pressly set out herein. SIGNED AND SEALED THIS _13th DAY OF _ October _ A.D., 1980 it! 'i HE Pr.ESENCE OF: i Pleasant Valley Orchard & Nursery, Inc. Principal , litne55 Title isle Broeze, President 1-F-2 I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES e 1J M. tl. Long, President 107 Iwo : 1. I Ask and make available as wort: progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Con- tract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amend- ments thereto, less the amount properly paid by Owner to Contrac- tor. C. The Contractor and his Surety shall, be obligated to keep the storm sewer and street pavement improverents covered by this bond in good repair for a "rinri or ;'i;re (5) year, and thearifa, .JQ'.'...^t� ed by this bond in good repair for a period of�two (2) years, and all other improvements coverd by this bond in good repair for a period of one (1) year from the date of acceptance of the improvements by the Owner. D. Any suit under this bond must be instituted before the expiration of five (5) years from the date on which final payment under the Contract falls due. E. No right of action shall accrue to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of Owner. IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and Surety shall, in accordance with provisions of Chapter 573 of the Code of Iowa, pay to all persons, firms or corporations having contracts directly with the prinicpal or with subcontractors all just claims due them for labor perforned or materials furnished in the performance of the contract on account of which this bond is given. The provisions of Chapter 573, Code of Iowa, area part of this bond to the same extent as if they were ex- pressly set out herein. SIGNED AND SEALED THIS _13th DAY OF _ October _ A.D., 1980 it! 'i HE Pr.ESENCE OF: i Pleasant Valley Orchard & Nursery, Inc. Principal , litne55 Title isle Broeze, President 1-F-2 I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES e 1J M. tl. Long, President 107 Iwo : t. o CERTIFICATION I, the undersigned officer of the MERCI IANTS MUTUAL BONDING COMPANY, hereby certify that the following is a full and true copy of Section 5 and Section 5b of Article II of the By -Laws of said Company: Section 5: — The Chairman of the Board or President or any Vice President or Secretary or any Assistant Secretary, shall have power and authority to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and:undertakings, recognizances, contracts of indemnity and other writing obligatory in the nature there of. 5b: —The signature of any authorized officer and Seal of the Company may be affixed by facsimile to any Power Attorney of or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I 1, further certify that the following are duly elected officers of Iho Company. W.W. Warner, President and Chairman of the Board; H.D. Stiles, Vice President; n II Rodney liliss III, Vice President; William W. Warner, Vice President; C.W. Story, Vice President; M.M. Thompson, Vice ['resident; M.I. Long, Vice Brundage, c. r' President; W.G. Secrelary=Treasurer, Cene Davis, Assistant Secretary. T' 1 IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS MUTUAL BONDING COMPANY, this —1 t+h da of YbCC —,19-88 President I i State of Iowa S JSS County of Polk ) On this 1.?thday of—QfSObP , 19 SO , before me appeared W.W. Warner, to me personally known, who being by me duly sworn did ' say that he is President of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument was signed and sealed in behalf of said Corporation by authority of its Board of Directors, ,I IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. E- Notary Public, Polk County, Iowa My Commission Expires 9-3083 NOTARY SEAL t y MICROFILMED BY e JORM MICR+LAB t i CEDAR RAPIDS • DES MOINES ' i l 5fiµ 7 li C Y � w � P Y 'i mora •.:.Ell AND ADUILLSS 01 AGENCY • J ones -Thomas, Inc. LCOMPANIES AFFORDING COVERAGES 110 SLinn St. Iowa 52240 COM1'AIIY /� Northwestern National [rt[R _lE ' dACNPERSON) { rT--77 COMPANY O ,.AAR 1— ii LlfTIR E� alley Orchards & Nursery LAr,A"` C unll D r Gilbert St. 1 \1 i I ones -Thomas, Inc. LCOMPANIES AFFORDING COVERAGES 110 SLinn St. Iowa 52240 COM1'AIIY /� Northwestern National [rt[R LOMPBUIn111YE FORM dACNPERSON) { rT--77 COMPANY O ,.AAR 1— ii LlfTIR E� alley Orchards & Nursery LAr,A"` C unll D Gilbert St. ioMi-,Y DD I Iowa City, Iowa 52240 UOORYBNDRTANEI -- COMPANY EXCESS LIABILITY l[ITLO GC I Ills is to certily that policies of insurance listed below have been issued to the insured named IIODILYINJUWA,O above and are in force at this time. ,.rAluhr I r 11 R TYPE Or INSURANCE POLICYNUMBER POI ICY L m is of L abilit n Thousan s GENERAL LIABILITY EIPIIAIION DATE EACH OCCURRENCE AGGREGATE OMI.1n1IrhSIVE foRM BODILY INJURY { 3 [_I PREMISts—OPEPATIOh1 ' rl PLOSION AND COLLAPSE NAIARB PROPERTY DAMAGE IN , A ❑ UINTRRGROUND HAZARD f1 �IIUPINAIIS`COONSI.IPLEAED NO BCP 32 37 45 6-1-81 91CONIR4CIUAL INSURANCE RDDILYNIJURTAND 0 BROAD FORM PR011EInY PROPEBIYUAMAGE { 5Do ❑DAMAGE COMOVIEO RDf PIRDINI COITHACTORS +'IRSORAL IIIJURY -- 1'tnSOflAI IIIIURT AUTOMOBILE LIABILITY OOUIIYINJURY LOMPBUIn111YE FORM dACNPERSON) { rT--77 BDDILY IN JURY { I.1 (EACH ACCIDENT) unll D rlmrlmronnuDE s Ip p111N11111 UOORYBNDRTANEI -- PROPNAAGE { EXCESS LIABILITY coMrABIPIEaRrtB jj��J LUMIINlUA FORM IIODILYINJUWA,O ❑ OUR IT HAN UMONLtA PROPERI Y OHMAGE { { IUIIM COMBINED wORNERS'COMPENSATION A and BCP 32 37 45 6-1-81 SEATUTORY 1 _ EMPLOYERS'LIAOILITY OTHER s 100, 00 W RIP1I0N OF OPERA TIONSADCANoNsNrliICLE S ............. Iowa City Central Business District Streetscape Improvement Projects Phase II - 8G L Cancellation: Should any of the above descrf'I'd Policies be cancelled before the expiration dale thereof, the issuing com- pany will endeavor to mail L V days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME AND AOUNESS Or CERTIFICATE HOLDER City Of Iowa City DATE ISSUED.��Q�1f+8Q Civic Center �' T Iowa City, Iowa 52240 AUIIIORIIEU REPRESEN RIYE 1117 aim Hl n rn �•+ ?rrr52...: fir . .r.. ,... v ..., MICROFILMED BY JORM MICR+LAE3 CEDAR RAPIDS - DES MOINES ' (:�orq tV NA'A.1 NN ADDRESS Or AGENCY Assurance Associates of Iosco P.O. Box 5067 Coralville, Iowa 52241 Pleasant Valley Orchard, Inc. 1301 S. Gilbert Iowa City, Iowa 52240 I hu n to aertlly that policies of insurance listed below have Leen Issu al anv contract or other document with respect to which this WWI COMPANIES AFFORDING COVERAGES COMnnn LE IIrA 11 T A I IMT cONP.urY O Luna O COMPANY C LETHN V COMPANY D L E I II It COMPANY LEITER Tthe insured named above and me in Force at this time. Notwithstanding any HYluirement, term or co may be issued or may remain. the insurance afforded by the policies described herein is subitti to Imus. e.aas,ons - ano conam.,I, el ,uL„ yvnua+. Limits of Lia In Thousan s •..Aa•nr•Y TYPE Of INSURANCE POLICY WARIERIY)110 [+IYRAlION DATE EACH OCCURRENCE AGGREGATE ItilN GENERAL LIABILITY BODILY IINOIIY 3 $ ❑ COMPRENH451VL FORM ❑ PNJA6fS_OPCRAItoDS PROPERTY DAMAGE f $ ❑(APIOSION AND COLLAPSE I ,AJAIm ❑ UN U[NGNOUND HAZARD ❑POOOUCIYCONPLEIED BODILY INJURY AND OPERATIONS HAZARD 5 f ❑ CONTRACTUAL INSURANCE PROPERTYDAMAGE ❑hNOAU FORM PROPERTY COMBINED DAMAGE ❑ II&IPEND[NI CONTRACTORS I ❑ PERSONAL INJURY PERSONAL INJURY 5 AUTOMOBILE LIABILITY BODILYINJURY HAcNPEUWN I s300 1� Ld CUr.1191L11LN5N[ 101114 CA 16206 5/01/81BODILY INJURY ACCIDENT) 1500 (�] TEACH 1'IN]P[IIIV OAMAft LI nrudb { 100 A I��] uNno I10DILYNHNJYAND IF "ANI 11 PROPERIYDAMAGE 1 COMRINEII EXCESS LIABILITY UOOILYINIurn AND ' ❑ WAiill[l LA FORMPROPTAtYDAMAGE f 1 ❑ (IIIONI,ANUMIIN[I.LA COMBINED 101114 WORKERS* COMPENSATION _.STAIUTORY.T . and { ' EMPLOYERS' LIABILITY uKu.ccmmn ------OTHER :I tLRR'D@l OF OPIRA11085110CATIONSNEIIICLES Iowa City CBD Streetscape improvement project phase 23('— Cancellation; lC_ Cancellation: Should any .of the above descritUd policies be cancelled before the expiration date thereof, the issuing com- pany.will endeavor to mail — days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or liability of any kind upon the company. NAME Ahl1ADDId55orcERIIrICAI t Hot ULA DATE ISSUED.October'14, 1980 , City of Iowa City 1 City Nall IwJ Iowa City, Iowa 52240 a URU )5IIQ9) MICROFILMED BY II JORM MICR+LAB K CEDAR RAPIDS • DES MOINES 1 i J I'''1 City of Iowa Cio-! MEMORANDUM Date: October 3, 1980 To: City Council From: Larry Chiat, Development Coordinator Re: Streetscape Phase II -C Bids for the CBD Streetscape Improvement Project Phase II -C were first received by the City on September 10, 1980. The only bid received was for $195,941.57. By contrast, the engineer's estimate prepared by Ames Engineering and Testing Company was for $137,873.45. In order to obtain more bids and lower bid prices, City staff and Ames Engineering recommended that the City Council reject the single bid received on September 10, and authorize the rebidding of the project with a Revised Form of Proposal to provide for smaller trees. On September 16, the City Council adopted a resolution rejecting the single bid received and authorizing the publication of a new notice to prospective bidders. Pursuant to this readvertising, five bids were received and opened on October 1. The low bid of $134,488.77 was received from Pleasant Valley Orchard and Nursery, Inc. Of Iowa City. engineer's estimate prepared by Ames Engineering for tThe revised he rebidding was for $154,805.00. A resolution authorizing the award of the Streetscape Phase II -C Project to Pleasant Valley Orchard and Nursery, Inc. is on the Council's agenda for Tuesday, October 7. Staff and representatives from Ames Engineering will be present at the Informal Meeting on Monday, October 6, to explain the changes made in the tree specifications and to describe the scheduling of plantings. bc5/14 MICROFILMED BY r.. JORM MICR?LAB CEDAR RAPIDS • DES M01NES i , a I _ 1 1 t . � SECOND ADVERTISEMENT FOR BIDS FOR THE CONSTRUCTION OF THE CENTRAL BUSINESS DISTRICT STREETSCAPE IMPROVEMENT PROJECT PHASE II -C IN THE CITY OF IOWA CITY, IOWA Sealed bids will be received by the City Clerk of the City of Iowa City, Iowa until 10:30 a.m. on the 1st day of October, 1980, and opened immediately thereafter by the City Engineer. Bids will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 p.m. on October 7, 1980, or at such later time and place as may then be fixed. The extent of the work involved is the preparation and landscape planting on Capitol Street between Burlington and Washington Streets, Washington Street between Capitol and Clinton Streets and Clinton Street between Burlington and Washington Streets. All work shall be done in strict compliance with Plans, specifications and form of contract which have been heretofore approved by the City Council and which are now on file for public inspection in the office of the City Clerk. NEW FORMS OF PROPOSAL FOR THIS SECOND BID ARE ON FILE WITH THE OFFICE OF THE CITY CLERK FOR REVIEW; AND NEW FORMS MAY BE OBTAINED FROM AMES ENGINEERING AND TESTING COMPANY, P.O. BOX 801, AMES, IOTA 50010. Each bid shall be made on a form furnished by the City and must be accompanied by a Cashier's Check or a Certified Check drawn on a bank in Iowa or a bank chartered under the laws of the United States, or a Bid Bond, and filed in a sealed envelope separate from the one containing the bid and in the amount of $10,000 made payable to the City Treasurer of the City of Iowa City, Iowa and may be cashed by said Treasurer as liquidated damages in the event that successful bidder fails to enter into a contract within ten (10) days and post satisfactory bond to the City insuring faithful performance of the contract. The successful bidder shall be required to furnish a bond in the amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the faithful perfor- mance of the contract and all terms and conditions therein contained and shall guarantee the prompt payment of all material and labor and protect and I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES save harmless the City of Iowa City, Iowa, and its Officers, employees and agents from claims and damages of any kind caused by operations of the contractor and shall also guarantee the maintenance Of the landscape plantings in good, healthy growing condition fora period after of one (1) year from and its completion and acceptance by the City of Iowa City. The work on the project shall commence upon notice to Proceed and shall be completed on or before July 1, 1981. Failure to meet these completion dates shall result in the enforcement of liquidated damages, subject to any extension of time which may be granted by the City Council, Payment to the Contractor for said will be made in cash frimprovements om sch funds of said City as may be legally used for suuch purposes. Payments Will be made monthly based on estimates of ninety Percent (90%) of work completed in an acceptable manner. Ten Percent (10%) of each project estimated will be reas a suspended tained and held Payment; however, if at any time after fifty Percent (50%) of the contract work is completed the City may authorize that any of such remaining mPayments a enot la n less Final aystafter be completion of the work and acceptance by the City Council, Plans and specificati of the proposed improns governing the construction ovements have been prepared by Ames Engineering and Testing Company, Said plans and specifications and the proceedings referring to and defining said proposed improvements are hereby made a part of this Notice andcontrthe proposed shallbeexecutedeinecomiancethewi nlthe pe�dth�ntract Copi Of said plans and specifications are now on fiilees at the office of the City Clerk, Iowa City, Iowa, for examination by bidders, Copies of said plans and specifications and bid forms may be obtained from Ames Engineering and Testing Company, p,0, Box 801 upon a deposit of Twent - Ames, Iowa, 50010 the full amount of which willfbeerefunded ollars upon )return of the plans and specifications in good useable condition on or before October 16, 1980. BY virtue Of statutory authority preference will be given to products and provisions grown and coal Produced within the State of Iowa and to Iowa domestic labor to the extent lawfully required 1897 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES under Iowa statutes providing that the award of the contract will be made to the lowest responsible bidder submitting the lowest acceptable bid, which shall be without regard to State or local law whereby preference is given on factors other than the amount of the bid. Bids may be held by the City of Iowa City for a Period not to exceed thirty (30) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to the awarding of the Contract. The City of Iowa City reserves the right to reject any or all bids and to waive technicalities and irregularities. Published by order of the City Council of the City of Iowa City, Iowa. Ae tolfus City Clerk of Iowa City, Iowa MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i Memorandum of Agreement i Iowa City, Iowa October 7 1980 The City Council of Iowa City, Iowa, met in regular session on the 7th day of October 1980, at o'clock, p.m., at the Civic Center, City Ba 13 i—" n Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Lynch, Neuhauser, Perrot Roberts Vevera Absent: Erdahl Matters were discussed relative to the financing of a project pursuant to Chapter 419 of the Iowa Code. Whereupon, Council Member Neuhauser introduced a resolution entitled "A Resolution authorizing the execution of a Memorandum of Agreement with Stephens of Iowa City, Inc. and moved its adoption; seconded by Council Member Yvnch After due consideration of said resolution by the Council, the Mayor put the question on the motion and the roll being " called, the Following named Council Members voted: Ayes: Neuhauser, Roberts, Balmer Lynch Nays: Perret, Vevera Whereupon, the Mayor declared said resolution duly adopted and approval was signed thereto. Upon motion and vote, the meeting adjourned. c6�L�/�-,-r vMayor Attest: J' ' City Clerk (Seal) I -1- MICROFILMED BY s JORM MICR+LAB % CEDAR RAPIDS • DES MOINES Y - y i ' r i r Y i I i 0 RESOLUTION 80-455 A Resolution authorizing the execution of a Memorandum of Agreement with Stephens of Iowa City, Inc. 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, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, 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 adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, a Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto, has been presented to the Issuer under the terms of which the Issuer agrees, subject to the provisions of such Agreement, to pursue proceedings necessary under the Act to issue its revenue bonds for such purpose; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. The Memorandum of Agreement in the form and with the contents set forth in Exhibit A attached hereto be and the same is hereby approved and the Mayor is hereby authorized to execute said Memorandum of Agreement and the Clerk is hereby authorized to attest the same and to affix the seal of'the Issuer thereto, said Memorandum of Agreement which constitutes and is hereby made a part of this Resolution to be in substantially the form, text and containing the provisions set forth in Exhibit A attached hereto. Section 2. Officials of the Issuer are hereby authorized to take such further action as may be necessary to carry out the intent and purpose of the Memorandum of Agreement. -2- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Section 3. That all resolutions and parts thereof in conflict herewith are hereby repealed to the extent Of such conflict. Passed and approved this 7th day of October 1980. Mayor Attest: City Clerk (Seal) -3- MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES ] m EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Stephens of Iowa City, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in e execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in an aggregate principal amount not to exceed $100,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin in the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $100,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become clue. -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES iat�' "i r j l EXHIBIT A MEMORANDUM OF AGREEMENT THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Stephens of Iowa City, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in e execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment, or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, such bonds will be issued by the Issuer in an aggregate principal amount not to exceed $100,000 sufficient to finance all or a portion of the costs of the Project. (d) The Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin in the proceedings necessary to authorize the issuance of such bonds, in an aggregate principal amount not to exceed $100,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act and upon reaching mutually acceptable terms regarding such bonds, it will cooperate with the Company, in the issuance and sale of such bonds, and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become clue. -4- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES iat�' 3. Undertakin s on the Part of the Company. (a) It will use all reasonable efforts to cooperate with the Issuer and comply with the Act and all other provisions of law relating to the Project and the issuance and sale of such bonds. (b) It will enter into a Loan Agreement with the Issuer under the terms of which the Company will obligate itself to pay to the Issuer sums sufficient to pay the principal of and interest and redemption premium, if any, on such bonds as and when the same shall become due and payable. 4. General Provisions. (a) All commitments on the part of the Issuer and the Company herein are subject to the condition that on or before one year from the date hereof (or such other date as shall be mutually agreed to) the Issuer and the Company shall have agreed to mutually acceptable terms relating.to the issuance and sale of such bonds. (b) Whether or not the events set forth in subsection (a) of this Section 4 take place within the time specified herein or any extension thereof, the Company agrees that it will reimburse the Issuer for all reasonable and necessary costs which the Issuer may incur arising from the execution of this Memorandum of Agreement and the performance or the preparation to perform its obligations hereunder, or done at the request of the Company. (c) All commitments of the Issuer hereunder are further subject to the conditions that the Issuer shall in no event incur any liability for any act or omission hereunder, and that such bonds described herein shall not constitute an indebtedness of the Issuer within the meaning of any constitutional or statutory provision and shall not constitute nor give rise to a pecuniary liability of the Issuer or a charge against its general credit or taxing powers. Dated this 8th day of October 1980. Z east: Clerk (Seal) (Seal) Iowa Cit Iow B / /� %a or �-'-'—v !�PKN of Iowa CktY, Inc. ••5- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES State of Iowa n County of Johnson City of Iowa City SS: a I, the undersigned, do he9reby certify that 2 am the duly ppointed, qualified and that as such I and actin Official have Y Clerk of the aforementioned City I have records of saidCitypossession or have carefully compared the and sc its Council access to the complete aforesaid official records transcript and officers; a true, correct and that P hereto attached with the d that showingand complete said transcript hereto the execution action taken b COPY of all of the attached is of a by City Council official records Iowa City, Inc. and of said City to authorize said City, Agreement by and between Stephens of WITNESS hand and the seal of said City hereto 8t��- day of °f October 1980. affixed this Ci`��( (Seal) Y Clerk Q-19 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES /191 I I 3j i i , t. State of Iowa n County of Johnson City of Iowa City SS: a I, the undersigned, do he9reby certify that 2 am the duly ppointed, qualified and that as such I and actin Official have Y Clerk of the aforementioned City I have records of saidCitypossession or have carefully compared the and sc its Council access to the complete aforesaid official records transcript and officers; a true, correct and that P hereto attached with the d that showingand complete said transcript hereto the execution action taken b COPY of all of the attached is of a by City Council official records Iowa City, Inc. and of said City to authorize said City, Agreement by and between Stephens of WITNESS hand and the seal of said City hereto 8t��- day of °f October 1980. affixed this Ci`��( (Seal) Y Clerk Q-19 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES /191 I I 3j y i , I. i State of Iowa n County of Johnson City of Iowa City SS: a I, the undersigned, do he9reby certify that 2 am the duly ppointed, qualified and that as such I and actin Official have Y Clerk of the aforementioned City I have records of saidCitypossession or have carefully compared the and sc its Council access to the complete aforesaid official records transcript and officers; a true, correct and that P hereto attached with the d that showingand complete said transcript hereto the execution action taken b COPY of all of the attached is of a by City Council official records Iowa City, Inc. and of said City to authorize said City, Agreement by and between Stephens of WITNESS hand and the seal of said City hereto 8t��- day of °f October 1980. affixed this Ci`��( (Seal) Y Clerk Q-19 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES /191 I I 3j y i I. i I n City of Iowa Cit^ MEMORANDUM Date: October 3, 1980 To: City Council �v1 From: Rosemary Vitosh, Director of Finance '` Re: Request from Stephen's of Iowa City, Inc. for Issuance of Industrial Development Revenue Bonds Further review of this request indicates that the $100,000 of Industrial Development Revenue Bonds (IDR Bonds) will be purchased by Iowa State Bank and Trust and that payment of the bonds will, be guaranteed by Thomas H. Summy and Mary Jo Summy, husband and wife, the sole shareholders of Stephen's of Iowa City, Inc. Attached is a copy of the information form completed by Mr. Tom Summy on the proposed project. I have discussed this matter with Neal Berlin and he concurs with my recommendation that it would be advisable for the City to retain its Bond Financial Analyst, Mr. Paul D. Speer, to review the financial strength of the applicant and the feasibility of the project. Mr. Speer will review. all applicable data and make a written report to the Council as to the current and projected financial position of the applicant in order that the Council will be in a position to reasonably evaluate the applicant's ability to assume the cost of the project. IDR Bonds are secured by contract revenues to be received and are not obligations of the governmental issuer. At a result, some legislative bodies routinely approve their issuance without significant investigation of the likelihood of repayment. Sometimes the name on the bond is that of the governmental issuer and a default in payment will also be linked to that name. IDR Bond financing can be useful in improving.the economy of the area but prior investigation of the leasee company should be an obligation of the issuer. Knowledgeable research can minimize the possibility of default and protect the issuer's credit reputation. Often times the argument is made that if a purchaser for the bonds can be found, that should be enough evidence that the project is financially sound and a municipality should then not need to do any financial analysis on its own. Since 1975, over 40 IDR Bond issues throughout the United States have gone into default and obviously all of these had purchasers for the bonds. Retaining the City Bond Financial Analyst will not guarantee that a default on the bonds will not occur but the City does have the responsibility to thoroughly review the project on its own. IDR Bonds offer an effective tool in attracting industry and business development. However, they are a subsidy to the industry for business and little evidence exists to suggest that such subsidies are relevant factors in the decision to relocate and expand businesses. One philosophy is that the Company requesting the issuance of IDR Bonds should be required to demonstrate that such a subsidy is necessary and appropriate. It is obviously up to the City Council to decide whether the Company's request and justification for the issuance is appropriate. 6 MICROFILMED BY JORM MICR(�LAB CEDAR 111111 * DES MOINES 2 The Federal Government is currently reviewing IDR Bonds and have shown concern over the increasing number of such issues, the indiscriminate approval by municipalities, and the fact that the U.S. Treasury has an annual loss of approximately $1 billion on the tax exempt interest on IDR Bonds. It is possible that stricter limitations on such bond issues may be forthcoming. The City has authorized the sale of three IDR Bond issues within the last six months. The E.B. & A.C. Whiting Project was reviewed by the City's Bond Financial Analyst. Likewise, the Thomas & Betts Project will be reviewed by the City's Bond Financial Analyst. The City did not engage Mr. Speer to review the Younker's Project as Equitable of Iowa did guarantee payment of the bonds and this type of guarantee was felt to be sufficient protection against default. I do not feel the guarantee on the Stephen's Project is sufficient to allow the City to forego a financial review and analysis by our Bond Financial Analyst. A precedent has been set by the financial analysis work already required by the City on two of the three projects. The City has received several inquiries on IDR Bonds from other businesses planning to locate in the Central Business District and in the Old Capitol Mall. The Council's decision on the matter of whether or not 'to require the use of the Bond Financial Analyst on the Stephen's Project could very well impact on future requests for IDR Bonds. b j/sV),o MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES W i : 41 DRAFT INFORMATION FOR INDUSTRIAL REVENUE BOND FINANCING FOR THE CITY OF IOWA CITY 1. PROPOSED PROJECT INFORMATION: , 1) Name of Company: .S /ao•aus a��r� n,. �j° c��y� —nlci Address: _ Z G boa sCt �iiG.�✓Yow Phone Number: Local Contact: 2) Please explain why Industrial Revenue Dond financing is briny requested, �'.r4��s o.✓ Lo,✓f 7�2kin Fin%.l.vc%.uf Codf t 3) Complete explanation of how bond issue proceeds will be used: e LpcTvlc.y L! 777t <.-, L eerre,lt o LAL i , sed oj, 4,�oM e+✓/ fo OL+� CMr, Z4L CeA)7eZ, 4) Description of products to be produced as planned: J 6 YS 4 /// .. '. S) Type, number of products produced and/or type, amount of services to be provided by the subject project: :1 i 6) Number of local employees currently employed at local plant if plant exists at this time) on a full-time and part-time basis: 3 � \ 7) Number of new jobs to be created on full-time and part-Lime , basis: f Z p MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 'i DRAFT 2 B) Will new jobs be on a seasonal or on an annus sis? 9) Number of people expected to reside in Iowa City: a) Number of peop le moving to Iowa City. \J -V b) Number of people already living in Iowa City. —�-oy 10) Skill type and salary levels of jobs created and/or retained by this project: / j� 11) Demographic profile of workforce (age, sex, educational achievement, salary, etc.), AIIA- 12) Number of management level employees at Iowa City location: 13) A. Current payroll if already located in Iowa City (monthly/annual): B. Projected payroll (monthly/annual): A11A 14) Will new jobs be seasonal or on an nllal asis? 15) Projected appraisal/assessed property value in Iowa City: /V//q— MICROFILMED V////¢ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES . ►898 I I i i 1: L. , I i i \ t n I DRAFT 2 B) Will new jobs be on a seasonal or on an annus sis? 9) Number of people expected to reside in Iowa City: a) Number of peop le moving to Iowa City. \J -V b) Number of people already living in Iowa City. —�-oy 10) Skill type and salary levels of jobs created and/or retained by this project: / j� 11) Demographic profile of workforce (age, sex, educational achievement, salary, etc.), AIIA- 12) Number of management level employees at Iowa City location: 13) A. Current payroll if already located in Iowa City (monthly/annual): B. Projected payroll (monthly/annual): A11A 14) Will new jobs be seasonal or on an nllal asis? 15) Projected appraisal/assessed property value in Iowa City: /V//q— MICROFILMED V////¢ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES . ►898 I I i i 1: L. , I i i n i 1 A 1 i DRAFT 2 B) Will new jobs be on a seasonal or on an annus sis? 9) Number of people expected to reside in Iowa City: a) Number of peop le moving to Iowa City. \J -V b) Number of people already living in Iowa City. —�-oy 10) Skill type and salary levels of jobs created and/or retained by this project: / j� 11) Demographic profile of workforce (age, sex, educational achievement, salary, etc.), AIIA- 12) Number of management level employees at Iowa City location: 13) A. Current payroll if already located in Iowa City (monthly/annual): B. Projected payroll (monthly/annual): A11A 14) Will new jobs be seasonal or on an nllal asis? 15) Projected appraisal/assessed property value in Iowa City: /V//q— MICROFILMED V////¢ MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES . ►898 I I i i 1: L. , I i i' I n DRAFT 3 16) Will company reniCr own equipment? y 17) Number of years which applicant has been in current business: 18) Date and location of other facilities currently operated by applicant: 19) Location of headquarters of applicant (address, phone number, and contact person): S'4�M, e 20) Number of plant relocations since 1955:—� _ II. ECONOMIC FACTORS 1. Prospectus and report(s) used in connection with any recent debt or equity financing. 2. SEC filings (10 -K's or 10 -Q's) N oN� 3. Al reports to shareholders for immediate past 3 fiscal years. Y{S 4. Audited financial statements of immediate past 3 fiscal years. �- A/uWU% 5. Evidence of valid contractual arrangements with other established businesses which indicate the probable financial success of the proposed project. %,?'Oa/ds �L- F-eAA SCJ MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS •DES MOINES M Ir i i. 1 `i r, DRAFT 3 16) Will company reniCr own equipment? y 17) Number of years which applicant has been in current business: 18) Date and location of other facilities currently operated by applicant: 19) Location of headquarters of applicant (address, phone number, and contact person): S'4�M, e 20) Number of plant relocations since 1955:—� _ II. ECONOMIC FACTORS 1. Prospectus and report(s) used in connection with any recent debt or equity financing. 2. SEC filings (10 -K's or 10 -Q's) N oN� 3. Al reports to shareholders for immediate past 3 fiscal years. Y{S 4. Audited financial statements of immediate past 3 fiscal years. �- A/uWU% 5. Evidence of valid contractual arrangements with other established businesses which indicate the probable financial success of the proposed project. %,?'Oa/ds �L- F-eAA SCJ MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS •DES MOINES M Ir i i. 1 `i 1 z i' DRAFT 3 16) Will company reniCr own equipment? y 17) Number of years which applicant has been in current business: 18) Date and location of other facilities currently operated by applicant: 19) Location of headquarters of applicant (address, phone number, and contact person): S'4�M, e 20) Number of plant relocations since 1955:—� _ II. ECONOMIC FACTORS 1. Prospectus and report(s) used in connection with any recent debt or equity financing. 2. SEC filings (10 -K's or 10 -Q's) N oN� 3. Al reports to shareholders for immediate past 3 fiscal years. Y{S 4. Audited financial statements of immediate past 3 fiscal years. �- A/uWU% 5. Evidence of valid contractual arrangements with other established businesses which indicate the probable financial success of the proposed project. %,?'Oa/ds �L- F-eAA SCJ MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS •DES MOINES M Ir i i. 1 `i 1 DRAFT 4 6. Financial statements and records applicable to bond financing. Ill. ENVIRONMENTAL FACTORS I. Exact location of proposed project (plat, map, or diagram) C- r4/7eA- 2. Size of project facilities (sq. ft. 2 3. Amount of, land required (acreage) WOW -4 4. Compliance with existing zoning 5. Pollution criteria: A. Water 1. Project requirements (gallons per day) 2. Use of water (heating, for product use, etc.) 3. Flowage rates (hourly, daily, seasonal, annual) 4. Water line requirements for fire protection S. New and/or enlarged lines required from existing mains? MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS - DES MOINES IM DRAFT L S. Visual impact (smoke plume, haze, fog, water vapor, etc. ) D• Noise �// / YG h- 1. Compliance with Noise Control Act Z• Change in noise and vibration levels 3• Impact on near -by properties (can be shown diagramatically) E. Other 1. Compliance with Stormwater Management Ordinance 2. Visual appearance of plant and landscaping IV. COMMUNITY SERVICE FACTORS el Abi#tyvn existing trafficways to carry additional traffic load. 2. Projected number of vehicles due to: MICROFILMED BY JORM MICR+LAEI CEDAR RAPIDS • DES MOINES 1891 i 4 1.. t Ii I . 1 * i w ,r 7 ,i. d DRAFT L S. Visual impact (smoke plume, haze, fog, water vapor, etc. ) D• Noise �// / YG h- 1. Compliance with Noise Control Act Z• Change in noise and vibration levels 3• Impact on near -by properties (can be shown diagramatically) E. Other 1. Compliance with Stormwater Management Ordinance 2. Visual appearance of plant and landscaping IV. COMMUNITY SERVICE FACTORS el Abi#tyvn existing trafficways to carry additional traffic load. 2. Projected number of vehicles due to: MICROFILMED BY JORM MICR+LAEI CEDAR RAPIDS • DES MOINES 1891 i 4 1.. t Ii I . 1 DRAFT 7 a. workers b. manufacturing process and c. other transportation modes to be used by plant (rail, air) 3. Utilities (other than water and sewerage) a, natural gas b, electricity (detail load requirements) C. use of alternative energy sources (solar, co -generation, etc.) MICROFILMED BY JORM MICR+LAEI CEDAR RAPIDS - DES MOINES W i WILLIAM L. MEAR DON MEARDON, SUEPPEL, DOWNER & HAYES i LAWYERS ROBERT N. DOWNER i WILLIAM L. MEAR DON MEARDON, SUEPPEL, DOWNER & HAYES WILLIAM F. SUEPPEL LAWYERS ROBERT N. DOWNER JAMES A HAYES 122 SOUTH LINN STREET JAMES D.MCCARRAGHER THOMAS J. CILEK IOWA CITY, IOWA 52240 TELEPHONE MARK T. HAMER 338-9222 AREA CODE 319 THOMAS D. HOBART MARGARET T. LAINSON ANGELA M. RYAN October 2, 1980 The Honorable Mayor and FJ Members of the City Council of Iowa City, IowaT2 1980 Civic Center 410 E. Washington ABBiE STOLFUS Iowa City, IA 52240 CITY CLERK Honorable Mayor and City Council Members: //' '`s /I.//. 4 0 RE: Proposed Issuance of $100,000.00 City of Iowa City, Iowa, Industrial Development Bonds (Stephens of Iowa City, Inc. Project) Enclosed herewith are the following documents prepared by Belin, Harris, Helmick & Lovrien, Bond Counsel for our client Stephens of Iowa City, Inc. and for Iowa State Bank & Trust Company, Iowa City, Iowa, with regards to the above matter: 1. Three copies of Memorandum of Agreement. 2. Three copies of proceedings regarding adoption of resolution authorizing execution of Memorandum of Agreement. 3. Three copies of proceedings fixing date for hearing. 4. Proposed notice for publication. We would request that these items be scheduled for the meeting of the City Council on October 6 and 7. We will be happy to make arrangements for Bond Counsel to be present at one of these meetings if you desire, and would request that we be contacted as soon as possible if you wish us to secure attendance of Bond Counsel. We will be happy to meet with you prior to that time or answer any questions which you might have if you wish for us to do so. Vege t my y , RND/� t Wne Enc. cc: Frederick Blackledge, W. Richard Summerwill Thomas H. Summy, Neal G. Berlin, Rosemary Vitosh City Legal Department MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES 1898 P fi wni_" j 1 P fi wni_" 0 r� I EXHIBIT A MEMORANDUM OF AGREEMENT . THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Stephens of Iowa City, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act"), to issue revenue bonds for the purpose of financing the cost of acquiring, by construction'or purchase, land, buildings, improvements and equipment, or apy interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act*such bonds will be issued by the Issuer in an aggregate principal amount not to exceed $100,000 sufficient to finance all or a portion of the costs of the Project.. (d) The Issuer considers that the undertaking of the Prdject and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, i„ an aggregate principal amount not to exceed $100,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, it will cooperate with the Company, in the issuance and sale of such --- bonds,**and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. * and upon reaching mutually acceptable terms regarding such bonds, ** all upon terms mutually acceptable to the S¢guer and the Company, SELIN, HARRIS, HELMICK & LOVRIEN. LAWYERS, OES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES m s , i i f 0 r� I EXHIBIT A MEMORANDUM OF AGREEMENT . THIS MEMORANDUM OF AGREEMENT is between the City of Iowa City, Iowa, (the "Issuer") and Stephens of Iowa City, Inc. (the "Company"). 1. Preliminary Statement. Among the matters of mutual inducement which have resulted in the execution of this Agreement are the following: (a) The Issuer is authorized by Chapter 419 of the Code of Iowa, 1979, as amended (the "Act"), to issue revenue bonds for the purpose of financing the cost of acquiring, by construction'or purchase, land, buildings, improvements and equipment, or apy interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, finds is consistent with an urban renewal plan, adopted by the Issuer pursuant to Chapter 403 of the Code of Iowa. (b) The Issuer has adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company") in its commercial enterprise, located within the Urban Renewal Area. (c) The Company wishes to obtain satisfactory assurance from the Issuer that subject to the public hearing required by the Act*such bonds will be issued by the Issuer in an aggregate principal amount not to exceed $100,000 sufficient to finance all or a portion of the costs of the Project.. (d) The Issuer considers that the undertaking of the Prdject and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. 2. Undertakings on the Part of the Issuer. (a) The Issuer will begin the proceedings necessary to authorize the issuance of such bonds, i„ an aggregate principal amount not to exceed $100,000. (b) Subject to due compliance with all requirements of law, including the provisions of and the public hearing required by the Act, it will cooperate with the Company, in the issuance and sale of such --- bonds,**and the proceeds from the issuance of such bonds shall be loaned to the Company upon terms sufficient to pay the principal of and interest and redemption premium, if any, on such bonds, as and when the same shall become due. * and upon reaching mutually acceptable terms regarding such bonds, ** all upon terms mutually acceptable to the S¢guer and the Company, SELIN, HARRIS, HELMICK & LOVRIEN. LAWYERS, OES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES m ba RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Stephens Project) WHEREAS, the City of Iowa City, 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, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, .improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, 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 adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal,Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company"), an Iowa corporation, in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (.Stephens Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the ----- Company under a Loan Agreement between the Issuer and the Company*the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens., WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the•Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall in Iowa City, Iowa, on the 4th day of N. 4 1980, at 7:30 o olocF., p m., at which time and place !"public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who' appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. -2- upon mutually acceptable terms SELIN, HARRIS, HELMICK a LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i ba RESOLUTION Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Stephens Project) WHEREAS, the City of Iowa City, 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, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, .improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, 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 adopted an Urban Renewal Plan, Project No. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal,Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company"), an Iowa corporation, in its commercial enterprise, located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (.Stephens Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the ----- Company under a Loan Agreement between the Issuer and the Company*the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens., WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of the•Act; NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall in Iowa City, Iowa, on the 4th day of N. 4 1980, at 7:30 o olocF., p m., at which time and place !"public hearing shall be held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who' appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. -2- upon mutually acceptable terms SELIN, HARRIS, HELMICK a LOVRIEN, LAWYERS, DES MOINES, IOWA MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Proceedings Fixing Date for Hearing Iowa City, Iowa October 7 , 1980 The City Council of Iowa City, Iowa, met in regular session on the 7th day of October 1980, at 7:30 o'clock, P .m., at the Civic Center , in Iowa City, Iowa. The meeting was called to order and there were present John R. Balmer Mayor, in the chair, and the following named Council Members: Lynch, Neuhauser, Perret, Roberts, Vevera Absent: Erdahl Matters were discussed concerning the issuance of Industrial Development Revenue Bonds. Whereupon, Council Member Neuhauser introduced a resolution entitled: "Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Stephens Project)", and moved its adoption, seconded by Council Member Roberts After due consideration of the said resolution by the Council, the Mayor put the question upon the motion and the roll being called, the following named Council Members voted: Ayes: Vevera, Balmer, Lynch, Neuhauser, Roberts Nays: Perret Absent: Erdahl Whereupon, the Mayor declared the said resolution duly adopted and approval was signed thereto. On motion and vote, the meeting adjourned. -, ?yor 9�24-- . � Attest: ay=1 Z�, City Clerk (Seal) -1- MICROFILMED BY JORM MICR+LA6 F CEDAR RAPIDS • DES MOINES r-, RESOLUTION 80-456 Resolution fixing a date for hearing on proposed Industrial Development Revenue Bonds (Stephens Project) WHEREAS, the City of Iowa City, in the County of Johnson, State of Iowa (the "Issuer"), is an incorporated municipality author.ize,l and empowered by the provisions of Chapter 419 of the Code of Iowa, 1979, as amended (the "Act") to issue revenue bonds for the purpose of financing the cost of acquiring, by construction or purchase, land, buildings, improvements and equipment or any interest therein, suitable for the use of commercial enterprises which the City Council of the Issuer as the governing body, 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 adopted an Urban Renewal Plan, Project Ido. Iowa R-14 (the "Urban Renewal Plan") for the Urban Renewal Area designated therein (the "Urban Renewal Area") and in furtherance of its efforts to carry out the Urban Renewal Plan the Issuer proposes to issue its revenue bonds pursuant to the Act for the purpose of financing certain improvements and equipment (the "Project") suitable for the use by Stephens of Iowa City, Inc. (the "Company"), an Iowa corporation, in its commercial enterprise, .located within the Urban Renewal Area; and WHEREAS, it is proposed to finance all or a portion of the cost of the Project through the issuance of Industrial Development Revenue Bonds (Stephens Project) of the Issuer in an aggregate principal amount not to exceed $100,000 (the "Bonds") and to loan said amount to the Company under a Loan Agreement between the Issuer and the Company and upon mutually acceptable terms, the obligation of which will be sufficient to pay the principal of and redemption premium, if any, and interest on the Bonds as and when the same shall be due and payable; and WHEREAS, the Issuer considers that the undertaking of the Project and the financing of the same is consistent with the Urban Renewal Plan and will promote urban renewal, rehabilitation and redevelopment of the Issuer, and will enhance the tax base of the Issuer, increase commerce within the Issuer and add to the welfare and prosperity of the Issuer and its citizens. WHEREAS, before the Bonds may be issued, it is necessary to conduct a public hearing on the proposal to issue the Bonds, all as required and provided for by Section 419.9 of tile Act, NOW, THEREFORE, BE IT RESOLVED by the City Council of the Issuer, as follows: Section 1. This Council shall meet at the Civic Center, City Hall in Iowa City, Iowa, on the 4th day of November 1980, at 7 -In o'clock, p.m., at which time and place a public hearing shall he held on the proposal to issue the Bonds referred to in the preamble hereof, at which hearing all local residents who appear shall be given an opportunity to express their views for or against the proposal to issue the Bonds. -2- MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES / X99 I t. i t fit.... ..r �... t� v� i Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Iowa_City Press -Citizen newspaper published and having a general Circulation within the Issuer• The notice shall be in substantially the following form: MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES W M t A i i Y' i Section 2. The Clerk is hereby directed to give notice of intention to issue the Bonds, setting forth the amount and purpose thereof, the time when and place where the hearing will be held, by publication at least once not less than fifteen (15) days prior to the date fixed for the hearing, in Iowa_City Press -Citizen newspaper published and having a general Circulation within the Issuer• The notice shall be in substantially the following form: MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES W M \ r f: , 1 NOTICE OF INTENTION TO ISSUE INDUSTRIAL DEVELOPPIENT REVENUE BONDS (Stephens Project) The City Council of will meet on the the City of Iowa City, Iowa 4th day of November 1980, at (the ssuer.") City Hall in Iowa Cit Civic Center for the purpose of Conductin p Iowa' at 7:30 o'clock, p ,m. Industrial Developmentu a Public hearing on the proposal to issue in an a Revenue Bonds (Stephens Project) of the Issuer, aggregate principal amount not to exceed $100,000 pursuant to Chapter 419 of the Code of Iowa, 1979 j loan said amount to Ste (the "Bonds") Iowa corporation Stephens of Iowa Cit as amended, and to i for the purpose of defrayingc. ('the "Company"), an j- cost, of certain equipment and improvements sitableall rfor the commercial enterprise consistin Portion of the the Urban Renewal Area designatedoinathetailI^,suersUrban ca ewalithinof its Project No. Iowa R-14. facility located within obligations and will notTconstituteif issued, will be limited nor will they be payable in an general obligations of the Issuer be payable solely and only from anountser l�receivedtaxatiob' but the Bonds will Loan Agreement between the Issuer and the Company, which will be sufficient to Y the Issuer under a Pay the P Y, the obligation of redemption premium, if any on the principal of and interest and become due. Bonds as and when the same shall „ residAt he time and place fixed for said public hearing all local views for or agPPnst ear thel be given an opportunity to express their y,y hearing or an Proposal to issue the Bonds, and at the c' Y adjournment thereof determining whether or not to the Issuer. shall adopt Proceed with the issuance of tlieepon�sion By order of the City Council, this nth day of October , 1980. C�� City Clerk I am MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES n Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 7th day of October 1980. layor Attest: City Clerk (Seal) G -5- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i ti n Section 3. All resolutions and parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Passed and approved this 7th day of October 1980. layor Attest: City Clerk (Seal) G -5- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i S 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 aforementioned City, and that as such I have in my possession or have access to the official records of said City and of its officials and that I have compared the transcript hereto attached with the said official records and that the same constitutes a true and correct and complete copy of such official records showing the action taken by the Council of said City to set a date for a public hearing on the proposal to issue Industrial Development Revenue Bonds, (Stephens Project) in an aggregate principal amount not to exceed $100,000. WITNESS my official signature and the seal Of said City this 8th day of October 1980. C9—lye C1erY. � (Seal) ME MICROFILMED BY JCRM MICR+L AF7 CEDAR RAPIDS • DES MOINES 0 G M (Attach publisher's affidavit of publication of Notice of Issue Bonds) Intention to State of Iowa County of Johnson SS: City Of Iowa City I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice of which the printed slip annexed to the publisher's affidavit hereto attached, is a true and complete copy, to be published in rota (ir i a legal newspaper, printer wholly invtheeEnglishZlan ua e said City of Iowa City, Iowa, and of general circulation inpsuchsCied tyin as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this 15th day of October 1980. z City Clerk Q (Seal) (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) -7- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOVIES M /lip j. M (Attach publisher's affidavit of publication of Notice of Issue Bonds) Intention to State of Iowa County of Johnson SS: City Of Iowa City I, the undersigned, City Clerk of the aforementioned City, do hereby certify that I caused a notice of which the printed slip annexed to the publisher's affidavit hereto attached, is a true and complete copy, to be published in rota (ir i a legal newspaper, printer wholly invtheeEnglishZlan ua e said City of Iowa City, Iowa, and of general circulation inpsuchsCied tyin as evidenced by the said affidavit. WITNESS my hand and the seal of the aforementioned City hereto affixed this 15th day of October 1980. z City Clerk Q (Seal) (PLEASE NOTE: This certificate must be dated as of or subsequent to the actual date of publication of the notice.) -7- MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOVIES M /lip r� RESOLUTION NO. 80-457 RESOLUTION AUTHORIZING EXECUTION OF WATER MAIN EXTENSION AGREEMENTS WITH BRAVERMAN DEVELOPMENT, INC. WHEREAS, the City of Iowa Braverman DevelopmentCity, Iowa has negotiated agreements with , Inc., copies of said agreements being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements for an extension of a water main on South Gilbert Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: I. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Braverman Development, Inc.. Z• That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Neuhauser ted, and upon roll call there were: by Resolution be adopPerms— the AYES: NAYS: ABSENT: —X Balmer X X Erdahl X_ -- Lynch X Neuhauser X Perret X — Roberts Vevera Passed and approved this 7th day of Oct. 1980. AYOR—�� ATTEST: CITYCLELRK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 100170 in APP�ROM D� E A17 DEPART;. r tr`T /0 �O w 4l' d RESOLUTION NO. 80-457 RESOLUTION AUTHORIZING EXECUTION OF WATER MAIN EXTENSION AGREEMENTS WITH BRAVERMAN DEVELOPMENT, INC. WHEREAS, the City of Iowa Braverman DevelopmentCity, Iowa has negotiated agreements with , Inc., copies of said agreements being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements for an extension of a water main on South Gilbert Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: I. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Braverman Development, Inc.. Z• That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Neuhauser ted, and upon roll call there were: by Resolution be adopPerms— the AYES: NAYS: ABSENT: —X Balmer X X Erdahl X_ -- Lynch X Neuhauser X Perret X — Roberts Vevera Passed and approved this 7th day of Oct. 1980. AYOR—�� ATTEST: CITYCLELRK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 100170 in APP�ROM D� E A17 DEPART;. r tr`T /0 �O w 4l' d J AGREEMENT FOR MAIN EXTENSION THIS AGREEMENT made this U day of 19 po by and between the City of Iowa City (hereinafter referred to as CITY) and Braverman Development, Inc. of Iowa City, Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, to -wit: That property lying east of and adjacent to the east R.O.W. line of realigned South Gilbert Street and extending from Station 31+67 to Station 41+57.4, Station 42+85 to Station 43+34.5, and Station 44+27,8 to 47+90, as shown on the South Gilbert Street construction plans. Length being 1402.1 feet. and WHEREAS, said User wishes to have a water main installed in front of the above-described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOn THAT the City will install the water main at its own cost in front of the property owned by the User. Said mains and appurtenances are further described as follows: 12" D.I.P. with appropriate valves and hydrants to be located on the east side of Gilbert Street. In consideration for the City's installation of said water main and appurtenances, the User agrees to pay one-half (h) the fee as established MICROFILMED BY JORM MIC R/LAB CEDAR RAPIDS OES MOINES W (9�0 i �F � t 1 J AGREEMENT FOR MAIN EXTENSION THIS AGREEMENT made this U day of 19 po by and between the City of Iowa City (hereinafter referred to as CITY) and Braverman Development, Inc. of Iowa City, Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and WHEREAS, the undersigned, being owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, to -wit: That property lying east of and adjacent to the east R.O.W. line of realigned South Gilbert Street and extending from Station 31+67 to Station 41+57.4, Station 42+85 to Station 43+34.5, and Station 44+27,8 to 47+90, as shown on the South Gilbert Street construction plans. Length being 1402.1 feet. and WHEREAS, said User wishes to have a water main installed in front of the above-described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOn THAT the City will install the water main at its own cost in front of the property owned by the User. Said mains and appurtenances are further described as follows: 12" D.I.P. with appropriate valves and hydrants to be located on the east side of Gilbert Street. In consideration for the City's installation of said water main and appurtenances, the User agrees to pay one-half (h) the fee as established MICROFILMED BY JORM MIC R/LAB CEDAR RAPIDS OES MOINES W (9�0 i j; rr, � in Resolution 80-202 for size required for development per lineal foot at such time the User or subsequent owners of the land tap on to the water main. Said Resolution is hereby attached to this agreement. Further, it is understood that the .owner, its assigns or successors and interests, agree to waive any ri.ghts or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. Further, in consideration for the City constructing said main and appurtenances, the owner agrees as a covenant running with the land that this agreementshall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this � day of 19 at Iowa City, Johnson County, Iowa. OWNER 0 By. J., 4d.v�, c�� Sworn and subscribed to before me this vZ& day of , 19 -k7 -- FRANK FRANK C. S:C1 MY MMISSION EXPI ES I _: DORM - MICR+LAE! CEDAR RAPIDS • DES MOINES V � i f. in Resolution 80-202 for size required for development per lineal foot at such time the User or subsequent owners of the land tap on to the water main. Said Resolution is hereby attached to this agreement. Further, it is understood that the .owner, its assigns or successors and interests, agree to waive any ri.ghts or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. Further, in consideration for the City constructing said main and appurtenances, the owner agrees as a covenant running with the land that this agreementshall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this � day of 19 at Iowa City, Johnson County, Iowa. OWNER 0 By. J., 4d.v�, c�� Sworn and subscribed to before me this vZ& day of , 19 -k7 -- FRANK FRANK C. S:C1 MY MMISSION EXPI ES I _: DORM - MICR+LAE! CEDAR RAPIDS • DES MOINES 3 My commission expires CITY OF IOWA CITY MAYOR" + ATTEST: CITY CLERK STATE OF IOWA COUNTY OF JOHNSON On this 96( I SVII M ) SS: , 19_ etCi' nj k brPl?n7F f 6� , in the year I&d, before me, a notary public i and for said county of state of , residing issioned and s orn, personally appeared known to me to the be the mayor, and wn to me to be the city clerk of the city of the corporation that executed the within edged to me that such corporation executed the In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Norfoy Public in and for County, State of I j '., _... _.. . _...__._ _......... .. . . .. MILNUh ILMED DY JORM MICR+LA6 3 CEDAR RAPIDS • DES MOINES I i j a k till i ' f t r t r +s i i i + I I 3 My commission expires CITY OF IOWA CITY MAYOR" + ATTEST: CITY CLERK STATE OF IOWA COUNTY OF JOHNSON On this 96( I SVII M ) SS: , 19_ etCi' nj k brPl?n7F f 6� , in the year I&d, before me, a notary public i and for said county of state of , residing issioned and s orn, personally appeared known to me to the be the mayor, and wn to me to be the city clerk of the city of the corporation that executed the within edged to me that such corporation executed the In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Norfoy Public in and for County, State of I j '., _... _.. . _...__._ _......... .. . . .. MILNUh ILMED DY JORM MICR+LA6 3 CEDAR RAPIDS • DES MOINES I RESOLUTION NO. 80-202 A RLSOLUTION ADOPIING A NEW SCIIEDULE OF FEES FOR WATER I•1A1N ]APS, WATER IIA1N INSIALIATION AND SERVICE. CIIARGES IOR ROUJINE WA1LR SERVICE PROCEDURES. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and WHEREAS, the cost of materials and labor has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA, as follows: 1. The following tap fees are hereby established: Size Lae Corps Curbs Boxes Total 3/4" $11 $9 $16.20 $19.25 $55.45 1" $12.90 $14.10 $27.20 $1.9.25 $73.45 la" $17 $25.20 $46 $27.50 $115.70 All $19.95 $37.85 $59.95 $27.50 $145.25 2" $22.95 $59.95 $88.00 $27.50 $198.40 1':", Wo and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 611 $9.45 per linear. foot 8" $12.25 per linear foot 10" $15.55 per•linear foot 12" $19.35 per linear foot 16" $25.60 per linear foot MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i i. } I i i 1 2 1 3. The following service fees .for the Iowa City • 1 water system are hereby established: After Normal During Normal Service Working Hours Working Hours a) Install water meter; $15 ($25 deposit) $8 ($25 deposit) deposit collected at time meters installed b) Check leaky meters and No charge No charge leaky connections to water meter c) Frozen meters $20 + cost to $8 + cost to repair meter repair meter d) Shut off water service at rt $20 + hourly � No charge curb, check out leaks rate for time over 2 hours e) Turn on water after water $20 $8 has been shut off for non- payment of bill ( ' f) Repair broken fire hydrants $20 $8 g) Miscellaneous services for $20 + hourly No charge other government agencies rate for time over 2 hours h) Location of water mains No charge No charge for other utilities i i) Loation of water mains $20 + hourly j No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request hours i Be it further resolved that this resolution shall be in full force and effect on the date of 3rd -of June 1980, and that all resolutions in - conflict are hereby repealed. _1 MICROFILMED BY -' JORM MICR+LA13 CEDAR RAPIDS • DES MO1NE5 a:. ,, �; 0 1 3 It was moved by Vevera and seconded by Roberts the Resolution.be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this '3rd day of June , 1980. JAYOiR ATTEST: CITY CLERK ' MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES n '.. 9 In consideration for the City's installation of said water main and appurtenances, the User agrees to pay one-half (h) the fee as established • 19 sa CEDAR RAPIDS • DES M01 NES 1 A AGREEMENT FOR MAIN EXTENSION THIS AGREEMENT made this �L,6 day of 19_.&t), by and between the City of Iowa City (hereinafter referred to as CITY) and Braverman Development, Inc. of Iowa City, Iowa, (hereinafter referred to ;r as "USER"). i r i. WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and y WHEREAS, the undersigned, being owners of the following described — real estate located within the City limits of the City of Iowa City, Johnson County, Iowa, to -wit: That property lying west of and adjacent to I the west R.O.W. line of realigned South Gilbert Street and extending from Station 41+26 to Station 42+75.8 and Station 43+60 to Station 48+10.9, as shown on the South Gilbert Street construction plans. Length being 599.7 « feet v r and WHEREAS, said User wishes to have a water main installed in front of ' = the above-described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main. � f NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will install the water main at its own cost in front of the property owned by the User. Said mains and appurtenances are further described as follows: 12" D.I.P. with appropriate valves and hydrants to be located on the east side of Gilbert Street. 9 In consideration for the City's installation of said water main and appurtenances, the User agrees to pay one-half (h) the fee as established • 19 sa CEDAR RAPIDS • DES M01 NES 1 2 r. i in Resolution 80-202 for size required for development per lineal foot at such time the User or subsequent owners of the land tap on to the water main. Said Resolution is hereby attached to this agreement. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. d Further, in consideration for the City constructing said main and appurtenances, the owner agrees as a covenant running with the land that this agreementshall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this —L day of 1g! at Iowa City, Johnson County, Iowa. OWNEI By: F Sworn and subscribed to before me this 2j� day of MICROFILMED BY JORM MIC R+L AB CEDAR RAPIDS • DES MOINES 1900 I I i 3 My commission expires CITY OF IOWA CITY S i MAYOR a ATTEST: ! C TY CLE K 19_ •err -m: ' F:i STATE OF IOWA COUNTY OF JOHNSON ) Wnstrument,an'd f ��:� in the year /2D, before me, a notary public qin and for said county of state of `t16dy�/ , residing ssioned and orn, personally appeared known to me to the be the mayor, and wn to me to be the city clerk of the city of the corporation that executed the within edged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notd y Public in and for County, State of DORM MICR+LA® CEDAR RAPIDS • DES MOINES i"A e { 19_ •err -m: ' F:i STATE OF IOWA COUNTY OF JOHNSON ) Wnstrument,an'd f ��:� in the year /2D, before me, a notary public qin and for said county of state of `t16dy�/ , residing ssioned and orn, personally appeared known to me to the be the mayor, and wn to me to be the city clerk of the city of the corporation that executed the within edged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notd y Public in and for County, State of DORM MICR+LA® CEDAR RAPIDS • DES MOINES i"A i RESOLUTION NO. 80-202 A RLSOLUTION ADOPI ING A NEW SCHEDULE OF FEES FOR I WATCH MAIN IAI'S, WAIER MAIN INSIAI.I.AT10N AND SERVICL CIIAI?US I -OR It0U11N[ 1411LR SERVICT. PROCEDURCS. WHEREAS, Director Section 33-169 of the Code of Ordinances of Public Works of Iowa City authorizes the to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and WHEREAS, the cost of materials and labor has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY IOWA, as follows: OF IOWA CITY, I. The following tap fees are hereby established: Size TaR Corps Curbs Boxes Total 3/4" $11 $9 $16.20 $19.25 $55.45 1" $12.90 $14.10 $27.20 $19.25 $73.45 $17 $25.20 $46 $27.50 $115.70 1" $19.95 $37.85 $59.95 $27.50 $145.25 2" - $22.95 $59.95 $88.00 $27.50 $198.40 A" and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and Iowa City installation fees for the water distribution system are hereby established: Size Cost 6" $9.45 per linear, foot 8" $12.25 per linear foot 10" $15.55 per linear foot 12" $19.35 per linear foot 16" $25.60 per linear foot MICROFILMED BY ' JORM MICR+LAB ' CEDAR RAPIDS • DES MOINES 9 G'O 2 n 3. The following service fees .for the Iowa City water system are hereby established: After Normal Service Working Hours a) Install water meter; $15 ($25 deposit) deposit collected at time meters installed b) Check leaky meters and No charge leaky connections to water meter c) Frozen meters $20 + cost to repair meter a d) Shut off water service at $20 i i) curb, check out leaks rate for time for private enterprise over 2 hours e) 2 n 3. The following service fees .for the Iowa City water system are hereby established: After Normal Service Working Hours a) Install water meter; $15 ($25 deposit) deposit collected at time meters installed b) Check leaky meters and No charge leaky connections to water meter c) Frozen meters $20 + cost to repair meter a d) Shut off water service at $20 + hourly i) curb, check out leaks rate for time for private enterprise over 2 hours e) Turn on water after water $20 j) has been shut off for non- Not done after $20 payment of bill hours f) Repair broken fire hydrants $20 full force and effect g) Miscellaneous services for $20 + hourly all resolutions in other government agencies rate for time over 2 hours h) Location of water mains No charge During Normal Working Hours $8 ($25 deposit) No charge $8 + cost to repair meter No charge m $8 No charge No charge MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES for other utilities i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request hours Be it further resolved that this resolution shall be in full force and effect on the 'date of 3rd of June 1980, .and that all resolutions in conflict are hereby repealed. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 3 It was moved by Vevera and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of ,lune 1980. L C ATTEST:�� CITY CLERK i I j' �r R 3 It was moved by Vevera and seconded by Roberts the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of ,lune 1980. L C ATTEST:�� CITY CLERK i I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS •DES MOINES 'q I j' R I i I i i j I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS •DES MOINES 'q RESOLUTION NO. 80-458 RESOLUTION AUTHORIZING EXECUTION OF WATER MAIN EXTENSION AGREEMENTS WITH PAUL JR. AND MARY KENNEDY. WHEREAS, the City of Iowa City, Iowa has negotiated agreements with Paul Jr. and Mary Kennedy, copies of said agreements being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements for an extension of a water main on South Gilbert Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Paul Jr. and Mary Kennedy. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Lynch and seconded by Perret the Resolution be adopted, and upon roll call there were: -AYES: - NAYS: ABSENT: X Balmer x Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 7th day of Oct. 1980. �AYOh�R��'' ATTEST: J CITY CLERK MICROFILMED BY r JORM MICR+LA9 J. CEDAR RAPIDS • DES MOINES RICDIVLD & APFP;J,'^g HY .T I,EOAL MPHR dBM /o a rd Igol J r^ ^ t, f RESOLUTION NO. 80-458 RESOLUTION AUTHORIZING EXECUTION OF WATER MAIN EXTENSION AGREEMENTS WITH PAUL JR. AND MARY KENNEDY. WHEREAS, the City of Iowa City, Iowa has negotiated agreements with Paul Jr. and Mary Kennedy, copies of said agreements being attached to this Resolution and by this reference made a part hereof, and, WHEREAS, the City Council deems it in the public interest to enter into said agreements for an extension of a water main on South Gilbert Street. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That the Mayor and City Clerk are hereby authorized and directed to execute the agreement with Paul Jr. and Mary Kennedy. 2. That the City Clerk shall furnish copies of said agreements to any citizen requesting same. It was moved by Lynch and seconded by Perret the Resolution be adopted, and upon roll call there were: -AYES: - NAYS: ABSENT: X Balmer x Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 7th day of Oct. 1980. �AYOh�R��'' ATTEST: J CITY CLERK MICROFILMED BY r JORM MICR+LA9 J. CEDAR RAPIDS • DES MOINES RICDIVLD & APFP;J,'^g HY .T I,EOAL MPHR dBM /o a rd Igol J G AGREEMENT FOR MAIN EXTENSION i THIS AGREEMENT made this _J_ day of © QX . 19t, by and between the City of Iowa City (hereinafter referred to as CITY) and Paul M. Jr. and Mary Frances Kennedy of Iowa City, Iowa, (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized to act pursuant to the laws of the State of Iowa; and d WHEREAS, the undersigned, tieing owners of the following described real estate located within the City limits of the City of Iowa City, Johnson County, Iowa,- to -wit: That property lying west of and adjacent to the west R.O.W. line of realigned South Gilbert Street and extending from Station 48+10.9 to Station 59+07.1, as shown on the South Gilbert Street construction plans. Length being 1096.2 feet. and WHEREAS, said User wishes to have a water main installed in front of the above-described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384, of the Code of Iowa, 1979, as to the installation of said water main. NOW, THEREFORE, IT IS HEREBY AGREED AND UNDERSTOOD THAT the City will install the water main at its own cost in front of the property owned1by the User. Said mains and appurtenances are further described as follows: 12" D.I.P. with appropriate valves and hydrants to be located on the east side of Gilbert Street. In consideration for the City's installation of said water main and .Y appurtenances, the User agrees to pay one half () the fee as established I y in Resolution 80-202 for size required for development per lineal foot at [ORM MICR+LAB CEDAR RAPIDS • DES MOINES s ,1 i i \tt11M " l �1 2 such time the User or subsequent owners of the land tap on to the water main. Said Resolution is hereby attached to this agreement. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. Further, in consideration for the City constructing said main and appurtenances, the owner agrees as a covenant running with the land that this agreementshall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this -L day of & c, , 19(Oat Iowa City, Johnson County, Iowa. OWNER r r SL M. Kennedy Jr. r" i i \tt11M " l �1 2 such time the User or subsequent owners of the land tap on to the water main. Said Resolution is hereby attached to this agreement. Further, it is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or value as provided by the law of the State of Iowa for assessing such improvements. Further, in consideration for the City constructing said main and appurtenances, the owner agrees as a covenant running with the land that this agreementshall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all rehabilitation of such materials necessary to make a service tap. Dated this -L day of & c, , 19(Oat Iowa City, Johnson County, Iowa. OWNER r r SL M. Kennedy Jr. r" Spouse Iary Fra ces Ke net dy Sworn and subscribed to before me this _L day of Notary Public in for ohnson Coun y, Iowa My commission expires % • se19 Qpp '' s. [ORM MICR+LAS CEDAR RAPIDS • DES MOINES W r \1 1 a T Spouse Iary Fra ces Ke net dy Sworn and subscribed to before me this _L day of Notary Public in for ohnson Coun y, Iowa My commission expires % • se19 Qpp '' s. [ORM MICR+LAS CEDAR RAPIDS • DES MOINES W 1 �• I CITY OF IOWA CITY KAYOR ATTEST: CITY CLERK STATE OF IOWA COUNTY OF JOHNSON On this �G n, n ouay D SS: ,y of J_e�e' a , in the year /yIP61, before me, a notary public in and for said county of state of , residing ommissioned and sworn, personally appeared known to me to the be the mayor, and known to me to be the city clerk of the city of the corporation that executed the within iowledgedto me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. oda y Public in and for County, State of LR M MICR+LAB APIDS • DES MOINES ,4s s� Lc'1.� r•,!r ''L i! I i i i RESOLUTION NO. 80-202 A RLSOLUT ION ADOPIING A NEW SCHEDULE OF FEES FOR WATER MAIN TAPS, WATER MAIN INSTALLATION AND SERVICE CHARGES FOR ROUTINE WATER SERVICE PROCEDURES. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the f Director of Public Works to .establish written uniform fees and charges for i various services, and I i RESOLUTION NO. 80-202 A RLSOLUT ION ADOPIING A NEW SCHEDULE OF FEES FOR WATER MAIN TAPS, WATER MAIN INSTALLATION AND SERVICE CHARGES FOR ROUTINE WATER SERVICE PROCEDURES. MICROFILMED BY JORM MICR+LA9 " CEDAR RAPIDS • DES MOINES WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the f Director of Public Works to .establish written uniform fees and charges for i various services, and WHEREAS, such fees and charges shall be adopted by resolution, and W8111AS, the cost of materials and labor has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA, as follows: 1. The following tap fees are hereby established: u f ` w Size TapCorps Curbs Boxes Total k ;tt r 3/4" $11 $9 $16.20 $19.25 $55.45 •a 5',.., 1" $12.90$14.10 $27.20 $19.25 $73.45 1;" $17 $25.20 $46 $27.50• $115.70 14" $19.95 $37.85 $59.95 $27.50 $145.25 2" $22..95 $59.95$88.00 $27.50 $198.40 and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 6" $9.45 per -linear foot- oot8" 811 $12.25 per linear foot 10" $15.55 per linear foot 12" $19.35 per linear foot 16" $25.60 per linear foot i r MICROFILMED BY JORM MICR+LA9 " CEDAR RAPIDS • DES MOINES r f r1 2 3. The following service fees for the Iowa City water system are hereby established: After Normal During Normal Service Working Hours Working Hours a) Install water meter; $15 ($25 deposit) $8 ($25 deposit) deposit collected at time i i meters installed r b) Check leaky meters and No charge No charge leaky connections to water meter r1 2 3. The following service fees for the Iowa City water system are hereby established: After Normal During Normal Service Working Hours Working Hours a) Install water meter; $15 ($25 deposit) $8 ($25 deposit) deposit collected at time i meters installed r b) Check leaky meters and No charge No charge leaky connections to r1 2 3. The following service fees for the Iowa City water system are hereby established: After Normal During Normal Service Working Hours Working Hours a) Install water meter; $15 ($25 deposit) $8 ($25 deposit) MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES deposit collected at time meters installed b) Check leaky meters and No charge No charge leaky connections to water meter c) Frozen meters $20 + cost to $8 + cost to repair meter repair meter d) Shut off water service at $20 + hourly a , No charge curb, check out leaks rate for time over 2 hours e) Turn on water after water $20 $8 has been shut off for non- payment of bill f) Repair broken fire hydrants $20 $8 g) Miscellaneous services for $20 + hourly No charge other government agencies rate for time over 2 hours h) Location of water mains No charge No charge for other utilities i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request • hours I Be it further resolved that this resolution shall be in full force and effect on the date of 3rd of June 1980, and that all resolutions in conflict are hereby repealed. I 1901 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 3 �1 It was moved by Vevera and seconded b Resolution.be adopted, and upon roll call there were: y ROS the AYES: NAYS: ABSENT: x Balmer x Erdahl Lynch x Neuhauser "— Perret x Roberts X Vevera Passed and approved this _3rd day of June , 1980. d r ��R AYO`— ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a M L,' ;1. 3 �1 It was moved by Vevera and seconded b Resolution.be adopted, and upon roll call there were: y ROS the AYES: NAYS: ABSENT: x Balmer x Erdahl Lynch x Neuhauser "— Perret x Roberts X Vevera Passed and approved this _3rd day of June , 1980. d r ��R AYO`— ATTEST: CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES a M L,' � ` / ^ � � \ � � AGREEMENT FOR MAIN EXTENSION 4�/4 ':7 �_-/b/:- THlS8GRE[NENTmade this J day of , IU� by and between the City of Iowa City (hereinafter referred to as CITY) and Paul M. Jr. and Nary Frances Kennedy of Iowa City, Iowa/ (hereinafter referred to as "USER"). WHEREAS, the City of Iowa City is a municipal corporation authorized tuact pursuant tnthe laws ufthe State of Iowa; and ^ WHEREAS, the' undersigned, being owners of the following described ` real estate located within the City limits of the City of Iowa City, Johnson County/ Iowa` to -wit: That property. lying east of and adjacent to the east R.O.W. line of realigned South Gilbert Street and extending from Station 48+00 to Station 68+96.7, as shown on the South Gilbert Street ��- construction plans. Length being 1096.7 feet. and r| .| / WHEREAS, said User wishes to have a water main installed infront uf the above-described property; and WHEREAS, the User and the City agree and understand that they do not wish to avail themselves to the rights and remedies as provided by Chapter 384/ of the Code of }ova` 1979, as to the installation of said water main. ^ NOW, THEREFORE, }T}SHEREBY AGREED AND UNDERSTOOD THAT the City will . � install the water main at its own cost in front of the property uwned;bv the User. Said mains and appurtenances are further described as follows: l o l2 U.l.P. with appropriate valves and hydrants tu be located on the east side of Gilbert Street. |' In consideration for the City's installation of said water main and | appurtenances, the User agrees to pay one-half /4l the fee as established in Resolution 80~202 for size required for development per lineal foot at | [ ` CEDAR RAPIDS - DES MOINES ' � � ` | ' � | ` � '' WN | _ I 2 r1 such time the User or subsequent owners of the land tap on to the water main. Said Resolution is hereby attached to this agreement. Further, it I i is understood that the owner, its assigns or successors and interests, agree to waive any rights or remedies afforded to it by the provisions of Chapter 384 of the Code of Iowa, 1979, and more specifically the cost of such improvements need not meet the requirements of notice, benefit or I value as provided by the law of the State of Iowa for assessing such improvements. ' Further, in consideration for the City constructing said' main and 6 appurtenances, the owner agrees as a covenant running with the land that ! this agreementshall be binding on the owner, its assigns or successors and interests, purchasers of said property and all subsequent owners of the land described in this agreement. In addition, the User, its successors and assigns, will be responsible for the cost of service taps and all i rehabilitation of such materials necessary to make a service tap. t ,5 Dated this day of o^ 19_Zo at Iowa City, Johnson County, Iowa. „ I OWNER I 4, 8Y: Paul f4. Kennedy Jr. t� Spouse M y rances Kenney Sworn and subscribed to before me this day of Qu 6Qv 19. Notary Public in and for Johnson County, Iowa I My commission expires I 30 19��. n Q JORM MICR+LAB - N CEDAR RAPIDS • DES MOINES „Ij 3 CITY OF IOWA CITY ATTEST: CITTYY CLERK 7 r) STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) ZD On this tda of �% in the year/M, before me, a notary public in and for said county of state of y�yuAW-/ , residing rein,dul commissioned and worn, personally appeared known to me to the be the mayor, and known to me to be the city clerk of the city of the corporation that executed the within nstrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. o ry Public in and for County, State of i9or a ..JORM MICR4PLAB .. - CEDAR RAPIDS •DES MOINES i 1, I 1 j r. r Y. 3 CITY OF IOWA CITY ATTEST: CITTYY CLERK 7 r) STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) ZD On this tda of �% in the year/M, before me, a notary public in and for said county of state of y�yuAW-/ , residing rein,dul commissioned and worn, personally appeared known to me to the be the mayor, and known to me to be the city clerk of the city of the corporation that executed the within nstrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. o ry Public in and for County, State of i9or a ..JORM MICR4PLAB .. - CEDAR RAPIDS •DES MOINES i 1, I 1 j Y. 1 �I ' 1 I 3 CITY OF IOWA CITY ATTEST: CITTYY CLERK 7 r) STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) ZD On this tda of �% in the year/M, before me, a notary public in and for said county of state of y�yuAW-/ , residing rein,dul commissioned and worn, personally appeared known to me to the be the mayor, and known to me to be the city clerk of the city of the corporation that executed the within nstrument, and acknowledged to me that such corporation executed the same. In witness whereof, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. o ry Public in and for County, State of i9or a ..JORM MICR4PLAB .. - CEDAR RAPIDS •DES MOINES i 1, I 1 j P,ESOLUTION NO. 80-202 A RLSOLUTION ADOPIING A NEW SCHEDULE OF FEES FOR WATER MAIN TAPS, WATER MAIN INSTALLATION AND SERVICE CHARGES FOR ROUTINE WATER SERVICE PROCEDURES. WHEREAS, Section 33-169 of the Code of Ordinances of Iowa City authorizes the Director of Public Works to establish written uniform fees and charges for various services, and WHEREAS, such fees and charges shall be adopted by resolution, and WHEREAS, the cost of materials and labor has increased, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CITY OF IOWA CITY, IOWA, as follows: 1. The following tap fees are hereby established: Size Tae Corps Curbs Boxes Total 3/4" $11 $9 $16.20 $19.25 $55.45 1" $12.90 $14.10 $27.20 $19.25 $73.45 $17 $25.20 $46 $27.50• $115.70 All $19.95. $37.85 $59.95 $27.50 $145.25 2" $22.95 $59.95 $88.00 $27.50 $198.40 1:11, All and 2" will require saddles which are to be charged at the City's purchase price cost. 2. The following charges for connection fees and installation fees for the Iowa City water distribution system are hereby established: Size Cost 6" $9.45 per linear, foot B $12.25 per linear foot 10" $15.55 per linear foot 1211 $19.35 per linear foot 16" $25.60 per linear foot MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 111 I 111 i Shut off water service at $20 + hourly I rate for time over 2 hours e) Turn on water after water $20 $20 has been shut off for non- hours n i Shut off water service at $20 + hourly I !\ 2 3. The following service fees for the Iowa City water system are hereby established: Service a) Install water meter; deposit collected at time meters installed b) Check leaky meters and leaky connections to water meter c) Frozen meters After Normal During Normal Working Hours Working Hours $15 ($25 deposit) $8 ($25 deposit) No charge $20 + cost to repair meter a d) Shut off water service at $20 + hourly curb, check out leaks rate for time over 2 hours e) Turn on water after water $20 $20 has been shut off for non- hours Be payment of bill resolution shall be in full force and effect f) Repair broken fire hydrants $20 all , resolutions in g) Miscellaneous services for $20 + hourly other government agencies rate for time over 2 hours h) Location of water mains No charge for other utilities , No charge $8 + cost to repair meter No charge $8 $8 No charge No charge i) Loation of water mains $20 + hourly No charge for private enterprise rate for time over 2 hours j) Meter accuracy check at Not done after $20 customer's request hours Be it further resolved that this resolution shall be in full force and effect on the date of 3rd of June 1980, and that all , resolutions in conflict are hereby repealed. MICROFILMED BY JORM MICR+LA9 fl CEDAR RAPIDS • DES MOINES 6 ■ I i i ■ If iF%: f t f 3 It was moved by Vevera and seconded by Roberts the Resolution.be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x Erdahl x Lynch x Neuhauser x Perret x Roberts x Vevera Passed and approved this 3rd day of lune , 1980. d. AYOR ATTEST: CITY CLERK MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES I 1961 i i I. I I f fi f' 7