Loading...
HomeMy WebLinkAbout1981-06-02 Resolution1_' RESOLUTION NO. 81-123 __- RESOLUTION SETTING PUBLIC HEARING ON AMENDING THE FY81 OPERATING BUDGET. BE IT RESOLVED by the City Council of Iowa City, Iowa, that a Public Hearing be held in the Civic Center at 7:30 p.m., June 16, 1981, to permit any taxpayer to be heard for or against the proposed amendment to the FY81 Operating Budget. The City Clerk is hereby directed to give notice of public hearing and time and place thereof by publication in the Iowa City Press Citizen, a newspaper of general circulation in Iowa City, not less than four 4) days and not more than twenty (20) days before the time set for such hearing. It was moved by Neuhauser and seconded by rerret that the Resolution as read 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 2nd day of June , 1981. YR I"(Y CLERK i Received 6 Approv*d By the Legal Department oe 1 MICROFILMED BY - 'JORM MICROLAB !CEDAR RAPIDS•DES MOINES RESOLUTION -NO. 81-124 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE FY82 ASPHALT RESURFACING PROJECT DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. r1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: i 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the 16th day of June 1981 , at 7:30 p.m. in the Council e Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once .weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form. of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Neuhauser and seconded by p rrr that the Resolution as read be adopted, and upon roll call there were: i , AYES NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS l x VEVERA } Passed and approved this 2nd day of June 19 81 i I I f .1/N�1N.ayor _ ATTEST: alt:. -G!/J RCCeIVed & ApproVtld City Clerk ByTheLegal Department j MICROFILMED BY 'JORM MICROLAB UDAR RAPIOS•DES 1401NES i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES i \ 1 J RESOLUTION NO. 81-125 . RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE CBD ALLEY PAVING - PHASE II, BLOCK 82, O.T. - DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: s 1. That a public hearing on the plans, specifications, form of contract, and s estimate of cost for the construction of the above-named project is to be held on the 16th day of June 1981 , at 7:30 p.m. in the Council Chambers, Civic Center, Iowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of G the public hearing for the construction of the above-named project in a newspaper published at least once .weekly and having a general circulation in the city, not EEEi less than four (4) nor more than twenty (20) days before said hearing. 3. That the plans, specifications, form. of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. �. It was moved by Neuhauser and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: j '- i AYES: NAYS: ABSENT: x BALMER i x ERDAHL j x LYNCH x NEUHAUSER j x PERRET x ROBERTS VEVERA i x Passed and approved this 2nd day of June , 1981 1 ATTEST: �/� • �,�-C / Nayo6mived & Approved . . ,u Clerk a gal Department City r" cS-a9' s� i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES i \ 1 Y_ Official Actions nResolutions: RES. 80-13, Bk. 60, p. 18, Page ].S, 1980 ACCEPTING THE GOVERNOR STREET BRIDGE PROJECT. P 2 2 RES. 80-14, Bk. 60, p. 19, ACCEPTING CONCRETE PAVING AND RELATED STORM SEWER PIPE CULVERTS . ON NORTH DUBUQUE ROAD, as constructed by Metro Pavers, Inc. Correspondence: Harold Burck, Sr. re bus service,. referred to the. City .Manager ..for reply. Rod and Judy Slack re Melrose Court street closure, referred to the City Manager for reply. Robert Long re Freeway 518, referred to the City Manager . for reply. Petition from five Iowa City residents re proposed construction of new law school, referred to the City Manager for reply. Charles Mullen, counsel for E.B. and A.C. Whiting Co., re issuance of Industrial Revenue Bonds.:'Memo from City Clerk re City Council Rules Committee appointment: Affirmative roll call vote unanimous, -5/0., Erdahl and Perret absent. .Moved by Balmer, seconded by Neuhauser, to appoint Larry Lynch to the.vacancy on the City Council Rules Committee. Motion carried unanimously, 5/0. Moved by. Vevera, seconded by Neuhauser, to adopt RES. 80-15, Bk. 60, pp. 20-22, APPROVING THE PRELIMINARY AND. FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF THE ECUMENICAL HOUSING CORPORA- TION, (subject to compliance with* Tree Regulations). Affirmative roll call vote unanimous, 5/0, Erdahl and Perret absent. Richard Blum, 204 Rochester Ct., appeared as a private citizen approving Council's decision to defend the Airport Commissioners re open meetings lawsuit,.with City Legal Dept., but disagreeing with Council's decision to have the Airport Commis- sion'pay for their legal defense out of Commission funds, instead of from general .funds. Balmer stated that the Airport Commission had requested additional funds for this .year and that this request would include payment for the defense. Recommendation of the Riverfront Commission to -proceed with an application for Federal Bikeway funds for Rocky Shore Drive, and that if such funds are not available, a hard surface trail be constructed with remaining CDBG funds, noted. Council had previously agreed to submission of the application. Moved by Neuhauser, seconded by Vevera, that a recommendation of the Committee on Community Needs that their by-laws be amended, be referred to Rules Committee. Motion carried, 5/0. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 7lc � Official Actions .January 1.5, 1980 Pac .1c 2 Resolutions: RES. 80-13, Bk. 60, P. 18, ACCEPTING THE GOVERNOR STREET BRIDGE PROJECT.' RES. 80-14, Bk. 60, p. 19, ACCEPTING CONCRETE . PAVING AND RELATED STORM SEWER PIPE CULVERTS . ON NORTH DUBUQUE ROAD, as constructed by Metro Pavers, Inc. Correspondence: Harold Burck, Sr. re bus service,. referred to the City Manager .for reply. Rod and Judy Slack re Melrose Court street closure, referred to the City Manager for reply. Robert Long re Freeway 518, referred- to the City Manager .for reply. Petition from five Iowa City residents re proposed construction of new law school, referred to the City Manager for reply. Charles Mullen, counsel for E.B. and A C Whiting Co., re issuance of Industrial Revenue Bonds.: Memo from City Clerk re City Council Rules Committee appointment. Affirmative roll call vote unanimous, -5/Q, Erdahl and Perret absent. Moved by Balmer, seconded by Neuhauser, to appoint Larry Lynch to the,vacancy on the City Council Rules Committee. Motion carried unanimously, 5/0. Moved by.Vevera, seconded by Neuhauser, to adopt RES. 80-15, Bk. 60, pp. 20-22, APPROVING THE PRELIMINARY AND. FINAL LARGE SCALE RESIDENTIAL DEVELOPMENT PLAN OF THE ECUMENICAL HOUSING CORPORA- TION, (subject to compliance with' Tree Regulations). Affirmative roll call vote unanimous, 5/0, Erdahl and Perret absent. Richard Blum, 204 Rochester Ct., appeared as a private citizen approving Council's decision to defend the Airport Commissioners re open meetings lawsuit, with City Legal Dept., but disagreeing with Council's decision to have the Airport Commis- sion'pay for their legal defense out of Commission funds, instead of from general funds. Balmer stated that the Airport Commission had requested additional funds for this year and that this request would include payment for the defense. Recommendation of the Riverfront Commission to -proceed with an application for Federal Bikeway funds for Rocky Shore Drive, and that if such funds are not available, a hard surface trail be• constructed with remaining CDBG funds, noted. Council had previously agreed to submission of the application. Moved by Neuhauser, seconded by Vevera, that a recommendation of the Committee on Community Needs that their by-laws be amended, be referred to Rules Committee. Motion carried, 5/0. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 761 Actions o,17waty 19, 1980 I I I� Board & Commission Vacancies: Broadband Telecommunications Commission - one vacancy for a three-year term expiring March 13, 1983. Airport Commission - one vacancy for a six-year term expiring March 1, 1986. These appointments will be made at the. February 19, .1980, City Council meeting. Neuhauser suggested that the tour re Northside lighting be taken before the budget is determined for upcoming year. Mayor Balmer announced the re- appointment of Councilmember Vevera to the Civil Defense Comm. where he has served notably for the past 4 years.. There were no objections. Balmer asked that the resolution re prohibition of travel to non -ERA states be reconsidered. Mayor Balmer presented former Mayor Robert Vevera with an oversized gavel symbolizing his two-year term as Mayor. Vevera thanked Council and staff for their help in making. the past two years very easy., ; Moved by Roberts, seconded by Vevera, authorizing the Director of Public Works to execute an application for overhead construction in highway right-of-way by Iowa -Illinois Gas '& Electric at Lakeside Drive. I -lotion carried unanimously, 5/0. Moved by Roberts, seconded by Neushuser, to adopt RES. 80-16, Bk. 60, p. 23, AUTHORIZING THE MAYOR TO EXECUTE IDOT RIGHT-OF-WAY ASSURANCE STATEMENT. Affirmative roll call vote unanimous, 5/0, Erdahl and Perret absent. Moved by Neuhauser, seconded by Lynch,'. to adopt RES. 80-17, Bk. 60, p. 24, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH KELLY SECURITY COMPANY WHEREBY KELLY SECURITY SHALL PROVIDE SECURITY SERVICES FOR THE PARKING RAMP AT CLINTON AND BURLINGTON STREETS.• .Resolution adopted, 4/1, with the following division of votes: Ayes: Roberts, Balmer, -Lynch, Neuhauser. Nays: Vevera. Absent: Erdahl and Perret. Moved by Neuhauser, seconded by Vevera, that AN ORDINANCE DEDICATING CERTAIN CITY PROPERTY FOR PARK PURPOSES, be considered and given second vote for passage. Motion for second consideration carried, 5/0.' Affirmative roll call vote on second vote for passage unanimous, 5/0, Erdahl and Perret absent. Moved by Vevera, seconded by Neuhauser, that the .Council adjourn to executive session, '8:10 P.M.,: for the purpose of discussing collective bargaining. Affirmative roll call vote unanimous, 5/0, Erdahl and Perret absent. Councilmembers MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES 710:/.... �- Council Activities F'ruary 19,. 1980 ' I . Je 3 SECURITY.TO ACCOMPANY EACH BIO, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS.• Affirmative'roll call vote unanimous, 7/0, all Councilmembers present. A public hearing was held on the final plans, specifications, form of contract, and estimate for the Streetscape Improvement Project Phase II- B. No one appeared. Moved by Perret, seconded by Neuhauser, to adopt RES. 80-53, Bk, 60, p. 66, APPROVING FINAL PLANS, SPECIFICATIONS, FORM OF CONTRACT,. AND ESTIMATE FOR THE STREETSCAPE IMPROVEMENT PROJECT PHASE II -B AND AUTHORIZE BIOS TO BE RECEIVED MARCH 25, 1980, AT 2:00 P.M. Resolution adopted, 5/2;.•' with the following division of vote: Ayes: Roberts,, Balmer, Lynch,'. Neuhauser, Perret. Nays: .Vevera and Erdahl. ' Moved by Perret, seconded by Neuhauser, to appoint Emmit•George, 712 i Normandy Drive, to the Airport Commission for a six-year term ending March 1, 1986. Motion carried unanimously, 7/0. Moved by Neuhauser, seconded by Perret, to re -appoint Sandra Eskin,' . 1047 Woodiawn,-to the Broadband Telecommunications Commission for a three-year term expiring March 13, 1983. Motion carried' unanimously 7/0. t Moved by Neuhauser, seconded by Lynch, to appoint Councilmember Perret as City Council delegate and City Manager Berlin alternate to r Regional Planning Commission Steering Committee. Motion carried i unanimously, 7/0. ' •i � Balmer' announced he would be attending a conference in Des Moines on ! Thursday with Large City Mayors to discuss tax issues with Legislators and k to possibly meet with the Governor. 'Balmer also announced that he had been uncomfortable with his decision re a tax levy for transit and would i not now support it, and wanted the Council to know before a vote was taken next week. . t - City Atty. Hayek presented a draft agreement•and copies of a letter explaining the agreement between Iowa City, IOOT, and various intervenors concerning the alignment and construction of Freeway 518. .This will provide construction of the bypass as originally planned because of the payment of $90,000 to Iowa City by West Side Co:, (Yoder, Nagel, Thomas, Barker) developers who will benefit by construction of the bypass. Mormon Trek Bypass will be constructed 31 ft. wide with curb and gutter under urban design. Council and staff will review the material presented and. the issue will be added to next week's agenda. iMoved by Neuhauser, seconded by Vevera, to accept the taxicab fare change proposed for A Better Cab Company. Motion carried unanimously, , 7/0. Moved by Vevera, seconded by Neuhauser, to accept the taxicab fare change proposed for Super Cab Company and Yellow Checker Cab Company. Motion carried unanimously, 7/0. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 610 Page 3 February 25, 1980 4. Helling advised that the agreement with AFSCME shoul a deferred for one week. 5. Regarding the meeting with Planning and Zoning concerning Foster Road, Council would rather have the discussion with just one person whenever the item is on the agenda. 6. Berlin presented draft #3 of the agreement regarding Freeway 518 for Council's review. 7. Neuhauser questioned how many taxicabs would be certified, and Berlin replied that only the ones insured would be certified. 8. Regarding the concern from the Health Dept., Councilmembers did not like the alternatives presented for the drainage ditch adjacent to Long -John Silver's, etc. by the Public Works Dept. memo 2/20. The information presented will be forwarded to the Johnson County Health Dept. 9. Letter from League of .Iowa Municipalities regarding participation in EEOC lawsuit. Councilmembers did not want to participate. Staff to tell area legislators that they pass this legislation, and the cities-' get stuck with it. 10. Helling outlined some typographical and other minor mistakes in the Fire union contract which, have been corrected. 11. Erdahl asked that when the bus .stops at Surrmit/College, if they could stop 15' back from the intersection, to lessen chance for accidents.:' '. He also questioned when. the route revisions would take effect. Staff-- will report later. It was reported that bus drivers were not following :, the regulations for stops during rush hours at 5 o'clock on Court Hill route. 12. Erdahl questioned COBB Allocations for FY81, memo by Kraft (2/8), if allocated next Oct., when draw -down of funds would be.- Berlin advised it would be Oct. -Dec., whenever it was decided, could possibly be in the middle -of the fiscal year.. As the city will not get the third year of the Small Cities allocation, the City will take that amount of money and carry it for two years, and operate planning and rehab, and still carry on with Small Cities, if they are allowed to. Administration costs could be 15%. TRANSIT•LEVY Plastino present 1005-1270 Balmer noted that he was not now in favor of a.transi.t levy, and thought that general revenue sharing could be used for the subsidy, or general fund balances. Berlin pointed out that the notice for the budget had to be to the Press -Citizen by noon, so the transit levy would still show in the notice.• Plastino cautioned Council to keep in mind the provisions of Sec. 5, it there is a choice between using property tax and general revenue sharing, it is wise to use general revenue sharing. If you fund transit with property tax, you can never lower the amount, or you will lose the Federal share (when we are an urban area), but you can withdraw the revenue sharing, it is not considered local for purposes of Sec. 5. Roberts also was not in favor of a transit levy. All the allocations for revenue sharing have been made so that the budget notice could be published. Berlin stated that if Council votes down the levy, the money can be allocated from revenue sharing. AGREEMENT FOR FREEWAY 518 1270-1622 Berlin called attention to Draft $3, and outlined several small changes from the . previous draft. Perret objected to the frontage road, page 2 ;c. Berlin stated that the City's position was that they don't want it to go thru, but the County has reconstructed bridges on that road on the premise that it would go thru. 4_ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401IIES Informal Council Page 4 February'25, 1980 Council discussed.land use in the area, deannexation of certain area, annexation. I Balmer called attention to Hayek's letter where he said.no agreement could be with West Side Co. Another area, in direct line with the airport runway /made .should not be residential. Mayor Balmer asked for an indication of who favored /\the frontage road going thru to Melrose from Hwy. 6. Neuhauser, Perret, Erdahl were not in favor: vevera, Balmer, Roberts, Lynch were in favor. Berlin advised that the issues on the sewer (line for County Home) were not resolved, but recommended that Council approve the agreement and allow the County to negotiate with.the State, and then possibly amend the agreement. -Council discussed whether. ' or not they had agreed on putting the sewer in. Hayek has stated that'the City is legally bound to provide sewer service if they pay for. it. The City will not• pay for oversizing.. Schmeiser present. Berlin explained that the staff wanted to make-sure that DOT would fulfill it's commitment that if services had to be _ extended in the immediate future west of the Freeway, that they would provide. ? " the necessary conduit: REGIONAL PLANNING REORGANIZATION1.622-2110 !� .r Hencin, Kucharzak,.Boothroy & R.P. Hokanson present. Council discussed the instruction•to•give Perret who will be Council's representa-• tive,on'the Committee. Discussion included the following topics: Transit �. planning priority; Human Services;.support for urban fringe problems; ' forming a.Metropolitan Group; using consultants for short-term projects; finding out the' r" other'areas needs, and their commitment; A-95 review. Perret summarized the direction he received as follows: Transportation planning is the first priority of-the-City., We do not know what the structure of the organization should be, but.want.to find out the needs of the County and the other agencies, and once we know what their priorites are, and the extent of their corimitment, we can talk about what the structure of.'the organization should be. And that this , should be done expeditiously. "1 Meeting adjourned, 5:30 P.M. a ,I 76/ ! MICROFILMED BY ' `JORM MICROLAB i CEDAR RAPIDS-DES MOINES L .Ij L", MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i�r_ - L - i - _ - _Au . .. - . Council Actions Moved by Vevera, seconded by Ei_.ol, to adopt I February 7.6, 1980 RES. 80-64, Bk. 60, pp. 86-87, DECLARING PUBLIC '. . 'THE ! :)•': Pagr. 3 CONVENIENCE AND NECESSITY REQUIRE PROPOSED TAXICAB SERVICE FOR WHICH APPLICATION HAS BEEN MADE (� BY SUPER CAB AND YELLOW CHECKER CAB COMPANIES• (5 . f cabs for Super/6 cabs for Yellow Checker). Ralph ` Oxford and Ronald Peters appeared. City Manager i Berlin stated.that total compliance by all taxicabs with applicable laws and regulations of the City would be required. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Moved by Neuhauser, seconded. by Vevera, to adopt RES.. 80-65,,Bk. 60,.pp. 88-89, DECLARING _ PUBLIC CONVENIENCE AND NECESSITY REQUIRE THE PROPOSED TAXICAB SERVICE FOR WHICH APPLICATION HAS BEEN MADE BY A ,BETTER CAB COMPANY .(7' cabs). Affirmative roll call vote unanimous,. 7/0, all Councilmembers present. Moved by Neuhauser, seconded by Lynch, to e adopt.RES. 80-66, Bk. 60, p. 90, SETTING FARES FOR THE .IOWA - • CITY TRANSIT SYSTEM, . effective April 1, 1980. Affirmative roll call vote uanimous, 7/0, -all. Councilmembers present. Moved I by Neuhauser, .seconded by Vevera,, to receive petition ;from Robt. Lucas School students, and ,. faculty re fare -increase. 1 "Moved by Perret, seconded by Erdahl, to adopt a resolution directing the City Clerk to certify to 1 County Auditor an additional tax for the operation ! and maintenance of the municipal transit system and for the creation of a'reserve fund for the system. `. Resolution• not. adopted, 3/4, with the following ' division of vote: Ayes: Erdahl, Neuhauser, j Perret. Nays: Roberts, Vevera, Balmer, Lynch. Moved by Neuhauser, seconded by Lynch, to ! adopt RES. 80-67, Bk. 60, pp. 91-92, ESTABLISHING JUST COMPENSATION FOR REAL PROPERTY ACQUISITION FOR PHASE I OF THE' LOWER RALSTON CREEK/SMALL CITIES PROJECT (CDBG No. -B-79-DN-19-0048). , Affirmative roll call vote unanimous, 7/0, all Councilmembers present. City Manager.Berlin announced that item No. 17, re the establishment of a temporary task force to -review the Iowa City Housing Maintenance and Occupancy Code', would be deleted. The task force will function as. a subcommittee of the Housing Commission. I Moved by Vevera, seconded by Roberts, to adopt \� RES. 80-68, Bk. 60, pp. 93-95, APPROVING SETTLEMENT OF FREEWAY 518 LITIGATION, approving settlement agreements between the City of Iowa City and the Iowa Department of Transportation and the City of Iowa City and West Side Co. Councilmembers Balmer and Roberts commended staff for their work and MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i�r_ - L - i - _ - _Au . .. - . Ccuncil Actions thanked West Side Co, for coming to the City's aid. February 26, 180 i• Resolution adopted, 4/3, with the following PE.ge 4 division of vote: Ayes: Balmer, Lynch, Roberts Vevera. Nays: Erdahl, Neuhauser, Perret. Moved by Neuhauser, seconded by Roberts, to adopt RES. 80-69, Bk. 60, pp. 96-98, APPROVING A COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY ASSOCIATION OF PROFESSIONAL FIRE FIGHTERS TO BE EFFECTIVE JULY 1, 1980, THROUGH JUNE 30, 1981, AND APPROVING AN AGREEMENT AMENDING THE COST OF LIVING ALLOWANCE TO THE CURRENT COLLECTIVE BARGAINING AGREEMENT. Asst. City Manager Helling pointed out changes in tentative agreement. Resolution adopted, 6/1, with the following division of voter Ayes: Erdahl; Lynch, Neuhauser, Perret, Roberts, Balmer.' Nays: Vevera. „ Mayor Balmer announced that item No. 12, re the collective bargaining agreement between the City of Iowa City and the American Federation of State, County,_and Municipal Employees, would be deferred. Moved by Erdahl, seconded by Neuhauser, THE ORDINANCE AMENDING SECTION 5-26 OF THE CODE. OF ORDINANCES OF IOWA CITY TO REQUIRE THAT AN ESTABLISHMENT FOR WHICH A LIQUOR CONTROL LICENSE OR BEER 'PERMIT IS ISSUED SHALL BE LOCATED ON THE GROUND FLOOR OF A BUILDING AND SHALL CONTAIN WINDOWS WHICH PERMIT VISIBILITY OF ITS INTERIOR FROM THE PUBLIC WAY, be considered and given second vote- for passage. Motion to consider carried, 5/2, with Roberts and Balmer voting "no". Roll call vote _on second vote for passage, 5/2, with the following division of vote: Ayes: Lynch, Neuhauser, Perret, Vevera, Erdahl. Nays: Roberts, Balmer. Moved by Erdahl, seconded by Vevera, to adjourn 8:50 P.M. Motion carried. A more complete description of Council activities is on file in the office of the City Clerk. s/JOHN R. BALMER, MAYOR s/ABBIE STOLFUS, CITY CLERK Submitted on MICROFILMED BY 'JORM MICROLAB (CEDAR RAPIDS -DES MOINES Official Actions RES. 80-126, BK. 61, p. 186, ACCEPTING April 8, 1980 PAVING AND STORM SEWER' ON FOSTER ROAD IN Page 2 CONWAY'S ADDITION, as constructed by Metra Pavers, Inc. Correspondence referred to the City Manager for reply: Eric Nelson and Nancy Hauserman urging the Council not to appeal the Iowa Civil Rights Commission decision in the Eaton case. William Bender re the Bikeway Plan. - Applications for use of streets and public grounds: Iowa City Jaycees for a Waik for Mankind to ' benefit Project Concern 4/26/80, from 7:30 A.M. to 4:30 P.M.; - American Federal Savings and Loan for the use of the sidewalk at 137 East Washington to offer free popcorn during their grand opening from 2/1/80 to 2/12/80, approved. Mayor Balmer -repeated the public hearing as set. Affirmative roll .call vote unanimous, 6/0, Neuhauser absent. A public hearing was held to consider the vacation of College Street between Capitol and f' Madison Streets. City Manager Berlin stated he had conveyed the concerns expressed by, the'Counci 1 in informal session to Mr. BezanSDII from the University. Several Counci I members expressed a desire to meet with Bezanson re trafffic matters on the west'side. After discussion, it was decided to wait to schedule such a meeting until after the Melrose Court Committee had time to discuss. the problem. Moved by Erdahl, seconded by Vevera, that the rule requiring that ordinances must be considered and voted for passage at two Council meetings prior to the meeting at which it is finally passed be suspended, that the second consideration and vote be waived, and that the ORDINANCE 80-2991, BK, 17, p. 18, AMENDING SECTION 8.10.35.2 (SIGN ORDINANCE) OF APPENDIX A OF THE CODE OF ORDINANCES OF IOWA CITY,IO'n'A, be voted upon for final passage at this time. Affirmative- roll call vote unanimous, 6/0, Neuhauser absent. Moved by Erdahl, seconded by Perret, that the above ordinance be finally adopted at .this time. Affirmative roll call vote unanimous, 6/0, Neuhauser absent. The following people appeared for public i discussion: Jim Barfuss, 302 Melrose, re the Eaton case. Robert Long, 3005 Bradford, representing i. Iowa City Federation of Labor, re 5 Councilmembers residing in District B, the firing of Patricia Brown and the Eaton case. IN 7d/ MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES --I i Vi 9 Count Activities April L5, 1980 Page 2 Council discussion on the 28th of April. Moved by Neuhauser,• seconded by Vevera, that the correspondence from Charles Ruppert be placed on file. Motion carried unanimously, 7/0. Councilman Erdahl arrived, 7:45 P.M. The recommendation of the Planning.& Zoning Commission to approve the preliminary and final plat of Empire Addition, noted. The following people appeared for public discussion: Arta Haught, 1027 Ginter Avenue, re a Mayor & Council form of government, Dennis Ryan, 328 Meadowbrook Estates;•'re possible conflict. of interests in Freeway 518; Jim Walters; 1303 Lukirk, re Eaton appeal. •'A public hearing was held on an ordinance amending Section 28-3'and Section 28-36 of the Code of Ordinances of Iowa City, Iowa. Richard .Taylor, #118 Baculis Trailer Ct., appeared and expressed concern re loop -type plumbing venting system.. Staffinembers: Kucharzak and Siders present for discussion. Council requested that a representative .of each Board or Commission attend' Council meetings when a public hearing is scheduled that relates to their area. .. Mayor Balmer'.announced one vacancy, for an unexpired term ending 1/1/82, on the Board of Adjustment. Moved by Vevera, seconded by Perret, to appoint Linda Lanza-Kaduce, 412 E. Bloomington and Mark Eylseder, 1407 Crosby Lane to two vacancies on the Mayor's Youth Employment', Board for three year terms expiring 4/15/83. Motion carried ":.::`unanimously, 7/0, all. Councilmembers present. 'The two vacancies to the,Resources Conservation Commission will be re - advertised. .Moved by Roberts, seconded by Lynch, to appoint Robert Carlson, 1122 Penkridge, to the Board of Appeals .for an unexpired term ending 12/31/80. Motion carried unanimously, 7/0,. all Councilmembers present. Mayor Balmer asked Councilmembers to look at their summer calendars and let staff know when they would be out of town so .that the summer schedule for Council meeting could be determined. .Councilmember Neuhauser questioning the licensing of individual taxicab drivers. City Manager Berlin will report back. City Manager Berlin announced that Senior Center bids had been 1. opened, and that 'they were considerably below estimates. Council will be receiving information in next Friday's packet. Moved by Roberts,. seconded by Vevera, to adopt RES. 80-129, Bk. 61, pp: 190-191, - AUTHORIZING AMENDMENTS TO FREEWAY 518 SETTLEMENT AGREEMENT. Resolution adopted, 4/3, with the following division of vote: Ayes: Roberts, Vevera,•Balmer, Lynch., Nays: .Erdahl, Neuhauser, Perret. Moved by Roberts; seconded by Vevera, to adopt RES. 80-130, Bk. 61, p. 192, DIRECTING THE DELIVERY OF CONSTRUCTION WARRANTS IN PAYMENT OF CONTRACT, to Parkview Co. in the amount of $30,414.35. Motion carried unanimously, 7/0, all Councilmembers present. i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 7G/ RESOLUTION NO. 81-126 -..7 RESOLUTION AUTHORIZING SETTLEMENT PAYMENT AND OFFER TO PURCHASE PORTION OF SOUTH MARKET SQUARE, IOWA CITY, IOWA WHEREAS, The City of Iowa City,(".City") is obligated to the Chicago, Rock Island and Pacific Railroad Company,("Railroad"), pursuant to remand from the Iowa Supreme Court, docket # 42535; and WHEREAS, the Railroad is ready to dispose of property known as the East : of South Market Square in Iowa City; and WHEREAS, it is in the best interests of the City to resolve these matters with the Railroad prior to liquidation. WHEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY; AS FOLLOWS: 1'. That the Mayor is hereby authorized to execute and the City Clerk to attest an Offer to Purchase the East z of South Market Square, Iowa City, Iowa, together with. perpetual easements of record; said offer to be submitted to the Chicago, Rock Island and Pacific Railroad, William M. Gibbons, Trustee. 2. That the City Manager and City Attorney.are authorized to negotiate final settlement with the Trustee on behalf of Railroad, as ordered on remand, in Chicago, Rock Island and Pacific Railroad Company v. City of Iowa C*tt' docket iE 42535, together with other outstanding matters concerning the operation of the Railroad in Iowa City. It was moved byyevera and seconded by Roberts that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer Erdahl X_ Lynch Neuhauser X_ Perret" X _ Roberts X Vevera Passed and approved this 2nd day of June 1981. Wnyoi L �11i(� Received al Approved ATTEST: � � i By The Legal Department CITY CUKKT%l��/� 779 i MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOINES L I L'. ADVERTISEMENT FOR BIDS Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 a.m. on the 26th day of May , 1981, and 'opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 o. m. on June 2, 1981 , or at such later time and place as may then be fixed. The work will involve the following: Construction of additional exit lane in Parking Ramp A, including removal & replacement of existing curb and pavement, relocation of a street light and supplying and in- stalling parking system control equipment. All work is to be done in strict compliance with the plans and specifications prepared by Charles J. Schmadeke, P.E., City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. 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 or a bank charted under the laws of the United States and filed in a sealed envelope separate from the one containing the proposal, and in the amount of b_MLmade payable to the City Treasurer o t e tty of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. 4 AF -1 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 7 r 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 tFe City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 2 (two)years years from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days 25 Completion DateJulyJuly 3� 1981 Liquidated Damages $ 100.00 per day The plans, specifications, and proposed con- tract documents may be examined at the Office of the city Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of _Charles J. Schl,adeke, PE, fide bidders. Returnwalli Iowaplans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. Prospective bidders are advised that the City of Iowa City desires to employminoritynority contractors and subcontractors on City proJ The Contractor awarded the contract shall submit a list of proposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises documentationare lofeallteffortshe rtot�ecrunish itlMBE1's. A listing of minority contractors is available and can be obtained from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356- 5022. d 0 The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the city Council of Iowa City, Iowa. Abbie Stolfus C City Clerk of Iowa City, Iowa AF -2 %�� i MICROFILMED BY !JORM MICROLAB `CEDAR RAPIDS -DES MOINES i : 1/ RESOLUTION NO. 81-127 �_ �'4 'Z el RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE PARKIN, RAMP "A" EXIT I ANE WHEREAS, Midwest Electrical Contractors Inc. of Iowa Cit ,Iowa,• has submitted the beet bid !or ­7the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: i, I. That the contract for the construction of the above-named project is hereby awarded to Midwest Electrical Contractors, Inc. awardee --cure adequate performance bond and insurance certificates. to 2. that y 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 conditi that awardee secure adequate performance bond and insurance certificates. on e j It was moved by Vevera and seconded by. Lynch that the Resolution m reed be adopted, and %;Pon roll call there ws_r* I AYES: HAYS: ABSENT: i x BALMER 1 i x ERDAHL i x LYNCH { x NEUHAUSER x PERRET x ROBERTS x VEVERA I I passed and approved this 2nd day of June 19 81 I I I MAYOR ATTEST: � � 1 771�� CITY CLERKReceived roved i APP e, JIM ls9&1 Da$ iment MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES L Iv CONTRACT THIS AGREEMENT, made and entered into this _ �/� day of 19-&, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and MIDWEST ELECTRICAL CONTRACTORS, INC. party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 2nd day of April 19 81, for THE PARKING RAMP 09 EXIT LANE 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 he accepts. the attached proposal of the Contractor for the work and for the sums listed therein. 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. Addenda Numbers b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus current special provisions and supplemental specifications. c. Plans d. Notice of Public Hearing and Advertisement for Bids. CF -1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES Ri I i e. Spc')1 Provisions f. Proposal g. This Instrument The 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 embodied in the documents made a part of this Contract. 4. That this Contract is executed in 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. ° Midwest Electrical Contractoorr� Cont., Inch /I (Seal) By (Title) Mayor (Title) Vice-president (Title) City Clerk CF -2 78d MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES -MOINES FORM OF PROPOSAL THE PARKING RAMP "A" EXIT LANE CITY OF IOWA CITY NOTE TO BIDDERS: PLEASE DO NOT USE THE FORM OF PROPOSAL INCLUDED IN THE BOUND VOLUME OF THE SPECIFICATIONS. SEPARATE COPIES OF THIS PROPOSAL WILL BE FURNISHED TO BIDDERS UPON APPLICATION TO THE ENGINEER. Name of Bidder Midwest Electrical Contractors, Inc. Address of Bidder 866 S. Capitol St., P.O. Box 1757, Iowa City, Iowa 52244 TO: City Clerk City of Iowa City Iowa City, Iowa 52240 The undersigned bidder submits herewith bid security in the amount of E 10% in accordance with the terns set forth in the "Standard Specifications", Article 1102.12. The undersigned bidder, having examined and determined the scope of the Contract Documents, hereby proposes to provide the required labor, services, materials and equipment and to perform the work as described in the Contract Documents, including Addenda "0' and and do all work at the prices ereeina er set out. We further propose to do all "Extra Work" which may be required to complete the work contemplated, at unit prices or lump sums to be agreed upon in writing prior to starting such work, or if such prices or sums cannot be agreed upon to perform such work on a force account basis, as provided in the "Standard Specifications". MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES i V ESTIMATED UNIT EXTENDED ITEM DESCRIPTION UNITUAQ NTITY_ PRICE AMOUNT 1. Pavement Removal sq yd 26 $ 9.25 $ 240.50 2. 7" P.C.C. Paving sq yd 94 13.50 1269.00 3. 4" P.C.C. Sidewalk sq ft 150 2.00 300.00 4. Remove Existing Light & Base each 1 300.00 300.00 5. Install New Light & Base each 1 475.00 475.00 6. Install Pull Box each 1 340.00 340.00 7. P.C•.Ct' Island each 1 600.00 600.00 8. P.C.C. Protector each 1 200.00 200.00 9. Exit Sign each 1 2000.00 2000.00 10. Exit Lane Equipment Lump Sum 1 2200b.00 22000.00 TOTAL EXTENDED AMOUNT $ 27,724.50 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES i V The undersigned bidder certifies that this proposal is made in good faith, without collusion or connection with any other person or persons bidding on the work. E The undersigned bidder states that this proposal is made in conformity j with the Contract Documents and agrees that, in the event of any discrepancies or differences between any conditions of his proposal and the Contract Documents prepared by the City of Iowa City, the provisions of the latter shall prevail. i FIRM: Midwest Electrical Cont., Inc. 7 / I /^ L By: i Vice- President (Title) 866 S. Capitol St., P.O. Box 1757 BusinessAddress) (Seal - if bid is by a corporation Iowa City, Iowa 52244 PARTNERSHIPS: FURNISH FULL NAME OF ALL PARTNERS Loren E. Kober, President _games E. Kessler, Vice-president i f I f I i I MICROFILMED BY IJORM MICROLAB CEDAR RAPIDS -DES -MOINES L #418-895 PERFORMANCE AND PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS THAT Midsoee> 8leetr�-ar,�ra:�-_- ___ P- n- Rny 5Tnwa (Here insert the name and a esa or legal title of the Contractor) a Principal, hereinafter called the Contractor and -Merchants Mutual gonfling Company of Des Moines Iowa as Surety, hereinafter (Here insert the legal title of the Surety) called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Twenty-sewnTwenty-sewn Thou" nd and 50/100 Seven Hundred Twenty-FouLgollars ($27,724.50 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 9/, entered into a Contract with Owner for... THE PARKING RAMP 'A'EXIT LANE In accordance with plans and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THE CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by the Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: �I i MICROFILMED BY 'JORM MICROLAB CtDAR RAPIDS -DES -MOINES L, ..7 74Fd 9 7 1. COW et he Contract- in accordance witl^`s 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 for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default ora 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 Contract,Price; but not exceeding, including other costs and damages fon, 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 amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of two (2) years from the date of acceptance of the improvements by the Owner. D. 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. M j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES -MOINES L.. 07P a. IT IS A FURTHER 1DITION OF THIS OBLIGATION tha he principal and ". Surety shall, in accordance with provisions of Chapter 573 of the Code of i Iowa, pay to all persons, firms or corporations having contracts directly i ' with the principal or with subcontractors all just claims due them for labor performed 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, are a part of this bond to the same extent as if they were expressly set out herein. i SIGNED AND SEALED THIS DAY OF A.D., 19_ I IN THE PRESENCE OF: MERCHANTS MUTUAL BONDING COMPANY • � / Surety Witness� tle� aures E. Thompson, Atto ney-in-fact PB -3 j MICROFILMED BY 'JORM MICROLAB i CEDAR RAPIDS•DES 1401NES %0 MERCHANT MUTUAL BONDING �'OMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men By These Preunls, that the MliafiIAYis allli'1'AI. HI)Snl Nfi ❑lalxl]f, a rorpnrtion Jldy Orymnl[cJ umber the laws of the Stale of Iowa, and loving its principal office in the City of Iks Aloincs, County Of Prdk. Stale of Iowa. hath mode, constituted and appointed, and Joey by these presents make• constitute and Appoint INDIVIDUALLY C.B- CGndcn, G.A. IaMair II, Carl J. Cant Jr., JafmS E. T}l�gy� J V Norris, F- MB1Vyn Hrubetzaftes of I.� on and State of and authRuher,+y cerred in its name. place and steIQVa it, Iruc and lawful Auurney-in•Fael. with full power ad, to sign. execute, acknowledge and deliver in its behalf us surety: Any or all bands or undertakings, provided that no band or undertaking executed under this authority shall exceed in aRgw,t the SUM of CNE WIJJC'1 DOLUM ($1,000,000.00) and to bind the MERCHANTS MUTUAL BONDING COMPANY thereby as fully and to the same extent a% if such bond or undertaking was signed by the duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY, and all the acts of said Attorney. pursuant to the authority herein given, Are hereby ratified and confirmed. Directors f the MERCHA INTS MUTUAL BONDING COMPANY,s made and executed pursuant to and by authority of the following Bylaw adopted by the Board of ARTICLE 2, SECTION SA."'The Cbariman of the Board or President Or any Vice President or Secretary shall have power and authority to appoint Attomeys-in-Fact, and to authorize them In execute no behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognisances, contracts of indemnity and other writings obligatory in the nature thereof.'• j In Witness Whereof, MERCHANTS MUTUAL BONDING COMPANY has aivaW these rehmx m he signed by its President Attest: eI! and Vice Proidenh and its mrpomte seal to be herein affixed, this p 22nd dry of May A.D.,1979 MERCHANTS MUTUAL BONDING COMPANY I By Vh,P,,Wd,., STATE OF IOWA COUNTY OF FOLK} hs. Onthis 22nd dayof May and William Wamer, to me personasw-say known, uho being by me duly um didythat hey arc prr i,llrnlmnd ViCe President re per lively Of the MERCHANTS MUTUAL BONDING COMPANY, the nrii"Wion described in the Sal afrat fixed to the said insimment is the Corporate Sol of he sold Corporation and that the saforegoing instrument.and that the id i rumem was signed and sealed in � behalf of said COmoation by authority of its Board of Directors. In Testimony Whereof, I have hereunto set my hand and affixed by Official Seal, at the City of Des Moines. loin the day and year first above written. S TM � N �, '. 9-30-81 11 ,+� Gr ...x. tr STATE OF IOWA glA�S COUNTY OF POLK ) ss. I, William Wamer. Vice President of he MERCHANTS MUTUAL B(1NUINC that the above and foregoing is n true and correct copy of the POWER OF MERCHANTS BONDING COMPANY, which is still in force and effect. In Witness Whereof, I have hereunto het my hand and affixed the seal of the Company, al this day of 14, �y This power of altnmey expires Until Revoked MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /0 ' y— NAME AND ADDRESS OF AGENCY LaMair-Mulock-Condon Co. 907 Walnut Street Des Moines, Iowa NAME AND ADDRESS OF INSURED Midwest Electrical Contractors, Inc. P.O. Box 1757 Iowa City, Iowa 52240 This is to certify that policies of insurance listed below have been issued to the it of any contract or other document with respect to which this certificate may t terms. eX[lusions and mndilinns of vvh mn.ine COMPANIES AFFORDING COVERAGES COMPANY A Iowa National Mutual Ins. Co. [FT COMPANY LEITER COMPANY LETTER COMPANY D LCREA COMPANY E LETTER mad above and are in lorce at this lima Notwithstanding any requirement, term or con or may pertain, the insurance afforded by the policies described herein is sl,hi, f In , COMPANY LETTER TYPE OFINSURANCC POLICYNUMBER POLICY Lim is ofLabilit nThousan s EACH OCCURRENCE AGGREGATE EXPIRATION DAT[ A GENERAL LIABILITY IN CCC 80 140 804 n 10-1-81 BODILY INJURY S Soo $ 5500 COMPREHENSIVE FORM ® PREMISES- OPERATIONS Is EXPLOSION AND COLLAPSE PROPERTY DAMAGE f 250 S 25 [n 1 IIsHAZARD d UNDERGROUND HAZARD IN PRODUCTS50MPLETED OPERATIONS HAZARD ®BODILY BODILYINJURY AND CONTRACTUAL INSURANCE I BROAD FORM PROPERTY DAMAGE $ , ® COMBINED INDEPENDENT CONTRACTORS ® PERSONAL INJURY PERSONAL INJURY INJURY $ 500 A AUTOMOBILE LIABILITYBODILY ® COMPREHENSIVE CCC 80 140 804 10-1-81 (EACH PERSON) $2550 FORM ® BODILY fSOD OWNED (EACH ACCIDENT) PROPERTY DAMAGE s 5�a HIRED j 12 NONfiWN[D BODILY INJURY AND PROPERTY DAMAGE $ A EXCESS LIABILITY COMBINED QQi 48 US 856 _ 10-1-81 BODILY INJURY AND ® UMBRELLA FORM PROPERTY DAMAGE $1,000 nn s I,000. El OTHER THAN UMBRELLA FORM COMBINED A WORKERS' COMPENSATION WC 30 487 519 10-1-81 and STATUTORY $ ZOO rtAc«AcclNxn EMPLOYERS' LIABILITY OTHER ............. ,.. yr �nnir�nariw«IN«]rvLHICLIe Project: The Parking Ramp "All Exit Lane Cancellation: Should any of the above described policies be cancelled before the expiration date thereof, the issuing com- pany will qjtJ 900DILiMmail --1.0 days written notice to the below named certificate holder, k4but=tAx 250-79) i NAME AND ADDRESS OF CERTIFICATE HOLDER. City of Iowa City, Iowa City Nall Iowa City, Iowa 52240 DATE ISSUED ._A]nrtup 4, IQHI LA_MAIR - MULOCK_- OONOON 00. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES a I u ELECTRICAL CON TRA CTORs COMMERCIAL * INDUSTRIAL * RESIDENTIAL 866 South Capitol Street P.O. Box 1757 IOWA CITY, IOWA 52244 LOREN E. KOBER — President June 3p 1981 JAMES E. KESSLER — Vice President J City of Iowa City 410 E. Washington St. Iowa Cltyp Iowa 52240 Attention: Frank Farmer Telephone 319-354-4913 RE: Parking Ramp A Exit Lane 4 MBE Requirement Dear Franke It is our intent at this time to complete all work on this project ourselves. Although we will have no subs contractors on this projects we mays however, hire cement finishers on an hourly basis. As you know, the bulk of this contract is the equipment itself and the electrical work; and the concrete work represents a very small part of the contract. Please advise if this is not satisfactory. Since 17 1y, Loren E. Ko¢ r LEK:mll cc 4- MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 7 ro ADVERTISEMENT FOR BIDS THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS - PHASE III Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 a.m. on the 27th day of May, 1981, and opened— ; immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 p.m. on June 2, 1981, or at such later time and place as may then be fixed. � The work will involve the following: Provide conduit underground from each building indicated to conduit provided by others in the alley. Iowa -Illinois Gas and Electric will provide cable required. Contractor is responsible to pull cable for pull boxes, provided by him, to meter, etc. as shown on drawings. Iowa -Illinois j will make final connections. ! All work is to be done in strict compliance with the plans and specifications prepared by H.L.M. Engineers of 1100 Third Street S.E., Cedar Rapids, Iowa, 52401, which have heretofore been approved by the City Council and are on file for public examination in the Office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. i 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 or a bank chartered under the laws of the United States and filed in a sealed envelope separate from the one containing the proposal, and in the amount of 5% of bid made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. AF -1 i MICROFILMED BY 'JORM MICRO_ LAB 'CEDAR RAPIDS•DES MOINES ys, r^; z successful bidder will be reL. red 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 damage's of any kind caused by the operation of 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: Working Days 75 Completion Date September JUL 1981 Liquidated Damages 200.00 per day The plans, specifications, and proposed con- tract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may be secured at the Office of Charles J. Schmadeke, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. Prospective bidders are advised that the City of Iowa City desires to employ minority contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises f (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356- 5022. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. A prebid conference will be held at the Civic Center for all interested parties on May 19, 1961, at 10:00 a.m. Published upon order of the City Council of Iowa City, Iowa. Abble btOITUS c City Clerk of Iowa City, Iowa 4� AF -2 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 7 3 r RESOLUTION NO. 81-128 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA CITY DOWNTOWN ELECTRICAL REVISIONS. PHASE III WHEREAS, Town and Country Electric Company Of Iowa City, Iowa, has submitted the best bid !or 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 Town and Country Electric Company , subject to the condition that awardee secure adequate 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 Lynch and seconded by. Perret that the Resolution as read be adopted, and upon roll call there vera! AYES: NAYS: ABSENT: x BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET x ROBERTS x VEVERA x Passed and approved this 2nd day of June , 19 81 r" MAYOR ATTESTS CITY CLERKK� Qeeelved R Approved By The legal Deparhnenf 7V 4 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L_ i CONTRACT THIS AGREEIILNT, made and entered into this J Its day of J 192L, by and between the City of Iowa City, Iowa party of the first part, hereinafter referred to as the "Owner" and ___10WN and COUNTRY ELECTRIC CO. party of the second part, hereinafter referred to as the "Contractor". WITNESSETH: That whereas the Owner has heretofore caused to be prepared certain plans, specifications and proposal blanks, dated the 5th day of May 19 81 , for I014A CITY D014NTOI-IN ELECTRICAL REVISIONS PHASE III 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 attached proposal of the Contractor for the work and for the sums listed therein. 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. Addenda Numbers I b. "Standard Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Highway Division, plus cLrrent special provisions and supplemental specifications. C. Plans d. Notice of Public Hearing and Advertisement for Bids. ......._................ . MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401 NES e. Specia, Provisions f. Proposal g. This Instrument Thv al)()v(, components are complementary and what is called for by one ;hall 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 embodied in the documents made a part of this Contract. 4. That this Contract is executed in _ 3 copies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the date first written above. n, v L thwrJd UCecI��ci Contractor (Seal) . Seal) (Titer Mayor Title ATTEST: ATTEST: (Title) City C erk iTitle) Company Officia I CF -2 I . j MICROFILMED BY IJORM MICROLAB CEDAR RAPIDS -DES -MOINES 1 80036. 02 BID FORM SUB611T IN DUPLICATE ALL BLANKS S11ALL BE FILLED IN IOWA CITY DOWNTOWN ELECTRICAL REVISIONS, PHASE Iowa City, Iowa BIDS RECEIVED: 10:00 AM CST TO: City Clerk of Iowa City 410 East Washington Street Iowa City, Iowa 52240 Page 1 ).Jay 27, 1981 In response to your request for Bids and in compliance with the Contract Requirements, the undersigned proposes to,.furnish labor, materials and equipment, all supervision, coordination, all related incidentals necessary to perform. -the Iowa City Downtown Electrical Revisions, Phase •III Iowa City, Iowa in strict accordance with the Project Manual and the Drawings dated 5 May,• 1981, including Addenda numbered 1 through _, inclusive, prepared by HLA1 Engineers, for the Base Bid Lump Sum of: BASE BID Fifty-eight thousand one hundred fiftv two --------------------- Dollars ($ 5P.152.nn ) Bid Security in the form of certified check ( ), chashiers check( ) or bid bond (x ) accompanies this proposal in the amount of 5% of the bid amount. In submitting this Proposal, the undersigned agrees that the Bid will not be withdrawn for n period of 30 consecutive calendar days following the date of Bid Opening; further, that if n Notice to Proceed or if a prepared Agreement provided by the Owner is received at the business address identified below within the above named 30 day period, the undersigned will, within tdn days of such receipt, acknowledge acceptance of the contract award and will execute and deliver the Agreement, the Performance, Labor and 1,laterinl Payment Bond, the certificates of insurance and will proceed in accordance with requirements of the Contract Documents for this project and linve the Project nt Substantial Completion at the earliest possible date. j MICROFILMED BY 'JORM MICROLAB - CEDAR RAPIDS -DES 1401NES 7 G1 MICROFILMED BY ';JORM MICROLAB h MOINES CEDAR RAPIDS -DES 4r.. PERFORMANCE AND PAYMENT BOND #918-901 KNOW ALL MEN BY THESE- PRESENTS THAT Town a Country Electric company mere insert the name an a ress or ega tit e o t e L'ontracior a Principal, hereinafter called the Contractor and mere insert the 1ega tit e o tie Surety as Surety, hereinafter called the Surety, are held and firmly bound onto the City of Iowa City, Iowa, as obligee, hereinafter called the Owner, in the amount of Fifty -Eight Thousand one Hundred Fifty -Two and 00/100 Dollars ($ Se,lsz.00 ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents WHEREAS, Contractor has by written agreement dated June z 19 e1 , entered into a Contract with Owner for ... Downtown Electrical Revisions, Phase III In accordance with drawings and specifications prepared by the City of Iowa City, which Contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NOW, THEREFORE, THU CONDITIONS OF THIS OBLIGATION are such that, if Contractor shall promptly and faithfully perform said Contract, then the obligation of this bond shall be null and void; otherwise it shall remain in full force and effect. A. The Surety hereby waives notice of any alteration or extension of time made by t11e Owner. B. Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's PB -1 MICROFILMED BY `JORM MICRO_ LAB '_CEDAR RAPIDS -DES MOINES L %,F1 D -i obligations 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 for a contract between such bidder and Owner, and make available as work 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 Contract Price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set I forth in the first paragraph hereof. The term "Valance of the Contract Price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. C. The Contractor and his Surety shall, in accordance with the provisions of Section 384 of the Code of Iowa be obligated to keep the improvements covered by this bond in good repair for a period of ,,,,,, 0I Yp,_ from the date of acceptance of the improvements by the Owner. P8- 2 MICROFILMED BY `JORM MICROLAB CEDAR RAPT DS- DES MOINES D. •No right of action shall accrue to or for the use of any person o.r 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 con- tracts directly with the principal or with subcontractors all just claims due them for labor performed 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, are a part of this bond to the same extent as if they were expressly set out herein. SIGNED AND SEALED THIS A.D., 19 IN THE PRESENCE OF: Witness DAY OF TOWN G COI rincipa ff COMPANYoL MERCHANTS MUTUAL BONDING COMPANY (Surety) ✓Witness James/E. Thompson it Attorney-in-fact PB -3 MICROFILMED BY JORM MICROLAB •CEDAR RAPIDS•DES MOINES 7P a Lr 7 • 1 MERCHA`"S MUTUAL BONDI;` ; COMPANY UES MOINES, IOWA POWER OF ATTORNEY i Know All Mw By'M... Pl.'..daft lb -11 Ihl• Ill k( IIAC/.1 Mill (:it, nos,o(N., 0AWN\1". a colpurnhUll did) ... g:'nl/.ell tiller the law of the Suite of town. and having ih fuincipd off" in the ("'Y 'If 1)"S AtoC in". 'ount)' of pill k, Stale of Iowa, halt made, f appointed. and docs by these presentsalake.conslinneandappoint ams(inneJ and INDIVIDUALLY - F. Melvyn Hrubetz, 1 C.B. Condon, G.A. LaMair II, Carl J. Grant Jr., James E. Thompson, James F. Norris If Des Moines ;,fill Sl:nc of Iowa its title ;,Fill lawful Allurneyin-Fact, with hill power and authority hereby conferred in its name, place and stead, al sign, ccecute, acknowledge and deliver in its behalf as surely: Any or all bonds or undertakings, provided that no bond or undertaking executed under this authority shall exceed in amount the sum of ONE MILLION ($1,000,000.00) DOLLARS. and m hind the AIERCIIAN-IS MUTUAL IIONDING C'11h11'ANY thereby as fully :mil In Ib, sane unexam ac if such Mad or Jelwking was signed 6y the July:unhmieal officers of the AIERCHAN'CS AIU"I'UAL BONDING COMPANY, and all the acts of said Attorney. pursuant to (he authority herein given, are helchy r.,lifnl and cunGnned. pts Power-of•Alin Sack and em il pursml la :mil by :unhoril)' of the following Bylew' adopted h)' the Ihnlnl of Directors of the MERCHANTS 1I11'I'lJ.\I. 110N BIIN DING C'(1Afl'ANl'. i A101C(.Ii2, SBCI'ION 5,\. "Ihe Clia inrul of the Brood or Ihesidenl or any Vice President or Secretary shall have prover and authority Ifi appuinl ,Mhlmey.s-in-17acn. and to authorve Them In cweute nn behalf of the Company. and allach the Seal of _. the Company thereto, Nand% and undertakings, tccugni/awes, conlr nature thereof' ;IrU of inJcnmin' and other writings obligatory in the In Witnes, WhewIll. fslliRCI IA N I S MUTUAL IIUNDIN(i C11,11PAN1' 6:n nntsttl the c prcsellts to be,igned by it' %'icc Nenitenll. and A cinpuralc Wal to be hereto affixed. alis 3 rd lac of June A D.. 11) 81 Allntt AIERCIIAN"IS MUTUAL BONDINGC'OMPANY vpo LLCC, X c 5�0 '•, • ,: O • t'xr I',nx4m • J :�/NES.;• STA'I'N 017100,% ••'6'a'ly },till L' COL1N'Il' OF VOLK } as. ... onati, 3rd da,,,l June .19 1\'illiamll'anlrr. to nk•prrwmall)knnw n,who ping ln'nlc July snom Jid s.ry'Wal thrr:uc lSrr l'IcstJemsr,•s181ivcly ofthc MfltCIIAN'I'S1k1i1'I'lL\I. BONDING COMPANY, the cul)uuliun J¢sttilssl in Ihr linrpuiug insuunx•ul.:md Ih:n the Sc:d:d liw•d to the said instnnncnl is the Corlsmne Seal ul'llm said Cururnion and thal the said inonoraut sots sipped and u•:drd in b.IIAl ill and ('uqe n;nimi b)' :nnhuriy' of its Board of Diredon. In Testimony Whetcof. [have heunnto set sly hand and afliseJ by OIfria Seal, al the City of Dev Moines. Inwu the day:wd year frsl, d.lsc writcn. • J .10 WA ----_-- <� • . — ------ ( .v,,..,n rxnn,. r,a xxo• In I if, r•„x„;,,i,:./:,p;,., 9-30-82 0 . • V. : STAT1i 01; AAAA . r'9RI AUS COUNTY (W IY)LK ........I, ping. lung, \'ice ocCl til of the AlliR('I L\N'IS Ail rI11A1. 11(1RUINU CUS114\Nl', Ju heteli'.i.L•gip (I,pl1µ••at„s.e and • hrugoing isnnue and runerl ropy u(Ihr IYri1'IiN 11r:\'I'IUKNIi)'. rceeuled by sail,,\II!R('I IW \skt)tJ)IN(I L`ly!iDANI', which is still in force and clicel' l�: `oPp Oq •, d� , In Witness N'hrrcoG I lulve 6ueu1111 set un' hand and ;ditsed the •rad of the C'umlxmy, at ” ;`g' p��,�//�p; y this 2nd day 'If June In, 81 iS 1'.(”' , 'Ibis rumcr ofaltnnicy expires ..., Unti l _Revoked 'v�'IV •a AYld MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 7F/ t "`Y RESOLUTION NO. 81-129 RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT AND A LETTER OF INTENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION WHEREAS, the City of Iowa City, Iowa, has negotiated an agreement and a letter of intent with Iowa Department of Transportation, a copy of said agreement and letter of intent 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 agreement and letter of intent for the reconstruction of Iowa Primary Highway No. 1. 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 and letter of intent with Iowa Department of Transportation 2. That the City Clerk shall furnish copies of said agreement and letter of intent to any citizen requesting same. It was moved by Vevera and seconded by Neuhauser 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 2nd day of June 1981. MAY OR ATTEST: CITY CLERK `J j MICROFILMED BY `,JORM MICROLAB CEDAR RAPIDS•DES MOINES l L . ........_..... Reeelved i Approved Rv The Legal Department �a o�- A G R E E M E N T COUNTY CITY PROJ. NO. Order No. S-81-1056 Johnson Iowa City P-1-5(9)--20-52 P-1-5(4)--20-52 Iowa D.O.T. g1-3-032 AGREEMENT N0. IT IS AGREED by and between the State of Iowa, Iowa Department of Transportation (hereafter D.O.T.), Highway Division and the City of Iowa City in Johnson County, Iowa (hereafter City) as follows: 1. The D.O.T. and the City entered Agreement 78-1-190 for D.O.T. right of way acquisition on Iowa Primary Highway No. 1 within the City. The Agreement was signed by the City and D.O.T. on December 20, 1978, and January 9, 1979, respectively. 2. The D.O.T. may proceed at its discretion to let a project for reconstruction of Iowa Primary Highway No. 1 within the City from its intersection with the City's south corporation line near Sunset Street (Station 124+18) extending northerly and easterly through the south junction of Iowa Primary Highway No. 1 and U.S. Primary Highway No.'s 6 and 218 to a point located approximately 420 ft. southeast of said junction on U.S. 6 (at Station 1187+00) and from approximately 1146 ft. south (on U.S. 218 at Station 491+36.50) to approximately 667 ft. north (on combined Iowa 1, U.S. 6 and U.S. 218 at Station 509+50) of said junction respectively. 3. The proposed project as described in section 2 above will provide for a four -lane divided Portland Cement Concrete roadway. 4. The following city street intersections will be reconstructed as described and will be temporarily closed during the construction period: a) Sunset Street will be reconstructed from its junction with Iowa 1, extending northwesterly approximately 416 ft. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES XPi 7 a V_ -2- b) The easterly extension of Ashley Drive will be permanently closed at its junction with Iowa 1 and a cul-de-sac will be constructed. The westerly extension of Ashley Drive will form a reconstructed intersection with Sunset Street. I r c) Miller Avenue will be reconstructed from its junction with Iowa 1 extending northerly approximately 83 ft. I d) Hudson Avenue will be reconstructed from its junction with Iowa 1 extending northerly approxi- mately 86 ft. e) Orchard Street will be reconstructed from its junction with Iowa 1 extending northeasterly approximately 70 ft. 5. The following construction will be let by the D.O.T. in conjunction with the Iowa 1, related construction described herein: a) Benton Street will be reconstructed from its junction with Orchard Street (one block west of combined Primary Highway No.'s 1, 6, 218) extending easterly to the Iowa River bridge. The proposed facility will provide for a Portland Cement Concrete curbed roadway. b) Riverside Drive (at its junction with Benton Street) will be reconstructed from a point i located approximately 400 ft. + north of Benton Street extending southerly to a tie-in with reconstruction at the intersection of Primary Highway No.'s 1, 6 and 218. The proposed facility will provide for a Portland Cement Concrete curbed roadway with median tapers located north and south of Benton Street. Total cost for the construction described in sections 5a and 5b above will be borne by the D.O.T. and the City j on a 508/508 basis and shall include any and all right of way acquisition and construction related items. The D.O.T. shall let the above construction in conjunction with the Iowa 1 improvement. City reimbursement (50%) will be accomplished upon completion of construction and proper billing by the D.O.T. At such time that project plans are completed, an addendum will be submitted to the City. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES M -3- 6. The D.O.T. will develop and construct the Projects, as described, in accordance with said project plans and bear all costs incident thereto except those costs for which the City is made specifically liable for hereunder. 7. Project construction as described in sections 2-5 herein must be staged to insure safe traffic flow and proper access between various parts of the City during the construction period. The following staging is proposed for construction of this project: a) In the 1981 construction season, Iowa 1 will be reconstructed from its junction with proposed Freeway 518 south of the City extending northerly and easterly into the City to the west edge of the Primary Highway No.'s 1, 6 and 218 intersection. b) All other items listed in sections 2-5 herein shall be constructed in the 1982 construction season and will be completed and open to traffic prior to September 15, 1982. T}SX'X N3XXX�X�Itjk�x4(XX•Jb`(XII^�X��kXICRI(XIXM�XNj;Df�IP9X�QXi(l9)0�(x4(�X�fG(�MlG7gp��R �(i1�51(X�hK�X�SY����x'XXictIXX�tl'Q(mft?�cd��Xx,X$1+1A'�X�3(4fOGX:)3XXdt X $JWc�KxRbXXx$ �w�x>tt��crai;xr>x��x B. The City further agrees, upon completion of the project, that no changes in the physical features thereof will be undertaken or permitted without the prior written con- sent of the D.O.T. i 9. The City agrees that the D.O.T. may temporarily close to traffic across the project all streets or alleys which intersect the project after notice to the City. 10. The D.O.T. will install adequate traffic control devices j at the streets and alleys temporarily closed during the project. � 11. The D.O.T. will stage this project to provide for through traffic during the construction period. Should traffic volumes become too high at the south junction of Iowa 1, U.S. 6 and U.S. 218, the D.O.T. will use Gilbert and Benton Streets as a U.S. 6 detour during construction of the south junction of Iowa 1, U.S. 6 and U.S. 218. The D.O.T. will be responsible for the detour signing and maintenance, all at no cost to the City. %rte j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES i -4- 12, Responsibilities for construction, maintenance, signing, sidewalks and utilities shall be in accord with Section 820.06, Chapter 1, Article P, of the Iowa Adminis- trative Code. The D.O.T. will at no cost to the City construct all replacement sidewalk affected by this project. The City will be responsible for relocating any City owned utilities which are affected by this project, all at no cost to the D.O.T. All other utility relo- cations (privately owned) have been provided for by utility agreements and waivers of statutory notice which have been executed through the D.O.T. 13, A separate contract will be let at a later date for construction of traffic signals within this project area. A traffic signal agreement will be submitted to the City prior to the letting. The D.O.T. will be responsible for traffic signal construction at no cost to the City. Upon completion of construction, the City shall thereafter be responsible for all future energy and maintenance costs associated with said signals, all at no cost to the D.O.T. 14. Any costs incurred by the City in performing its obligations hereunder shall be borne exclusively by the City, without reimbursement by the D.O.T. 15. If a hearing is necessary for the permanent closure of Ashley Drive at its intersection with Iowa Primary Highway No. 1, the City will conduct same in accordance with Section 306.11 of the Code of Iowa, all at no expense or obligation to the D.O.T. The D.O.T. will participate in the hearing. 16. The following tabulation reflects those storm sewer related items which carry only city water and do not qualify for cost sharing. The total cost of these items is estimated at approximately $22,623 and will be borne entirely by the City. Estimated Quantities 58 L.P. 72" 1500D storm sewer (line 17A) 58 L.P. 30" 1500D storm sewer (line 17D) 12 L.P. 24" 1500D storm sewer (line 18) 26 L.F. 15" 2000D storm sewer (line 47) 300 L.P. 15" 1500D storm sewer (line 48) (1) RA19 Intake (No. 16) (1) Special Manhole (No. 15A) (1) 72" Concrete Apron (line 17A) (1) 30" Concrete Apron (line 17D) Estimated Total 22,623 M MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES I40INES 7PoZ _-I -5- )7. It is agreed that the City will reimburse the D.O.T. for 878 of the actual cost for longitudinal and outlet storm sewer, as shown below. The total cost of the longitudinal and outlet storm sewer installation is estimated to be $306,947 ($39,903 D.O.T. and $267,044 City). i Below is a list of the estimated quantities for the said storm sewer. Estimated Quantities 20 L.F. 30" 2000D storm sewer (line 6) 49 L.F. 30" 2000D storm sewer (line 7) . 20 L.F. 30" 2000D storm sewer (line 8) 8 L.F. 18" 1500D storm sewer (line 10) 66 L.F. 36" 2000D storm sewer (line 11) 8 L.F. 18" 1500D storm sewer (line 12) 74 L.F. 24" 2000D storm sewer (line 13) 28 L.F. 36" 1500D storm sewer (line 14) 17 L.F. 36" 1500D storm sewer (line 16) 375 L.F. 72" 1500D storm sewer (line 17) 166 L.F. 72" 1500D storm sewer (line 1713) 303 L.F. 72" 1500D storm sewer (line 20) 32 L.F. 72" 1500D storm sewer (line 21) 100 L.F. 72" 1500D storm sewer (line 22) 27 L.F. 24" 1500D storm sewer (line 23) 26 L.F. 15" 2000D storm sewer (line 25) 44 L.F. 15" 1500D storm sewer (line 26) 617 L.F. 72" 1500D storm sewer (line 27) 21 L.F. 15" 1500D storm sewer (line 30) 45 L.F. 18" 1500D storm sewer (line 33) 209 L.F. 15" 1500D storm sewer (line 39) 204 L.F. 18" 1500D storm sewer (line 42) (6) Special Manholes (No.'s 15 181 19, 20, 23, 32) (2) 15" on 72" tees (line 27) (1) 18" on 72" tee (line 42) (1) 24" on 72" tee (line 17B) Estimated Total 306,947 878 City 207,044 Upon completion of project construction and proper billing by the D.O.T., the City will reimburse the D.O.T. for approximately $289,667 which represents the total estimated storm sewer construction costs attributable to the City in section No.'s 17 and 18 of this Agreement ($22,623 + $267,044) 4 i MICROFILMED BY JORM MICROLAB C EDAR RAPIDS -DES MOINES M -6- 13. The D.O.T. will rip rap the south U.S. 6 ditch located east of U.S. 218 with P.C. Concrete commencing at the proposed outlet of line No. 34 (72" storm sewer) extending easterly to the Iowa River. Should the City desire to extend the 72" storm sewer (line No. 34) in this area, they shall assume 100 percent of the actual cost associated therewith. 19. The City in accordance with Section 306.4(3), Code of Iowa and Section 820.06(1.2c), Chapter 1, Article P, of the Iowa Administrative Code, shall discontinue and prohibit any use of project right of way for business purposes. The City shall prevent any future encroachment or obstruction within the limits of project right of way. 20. The City agrees to permit the removal of any trees within the limits of the established street that will interfere with the construction of the project. 21. Parking shall be prohibited on the minor street approaches for a distance of 35 ft. in advance of the stop signs and on the exit sides of the minor streets for a distance of 35 ft. beyond the far crosswalks. Parking shall be prohibited on the project. 22. Subject to the approval of, and without expense to the D.O.T., the City agrees to perform (or cause to be performed by sending proper notification), all relo- cations, alterations, adjustments or removals of utility facilities, including but not limited to power, telephone and telegraph lines, natural gas pipelines, water mains and hydrants, curb boxes, sanitary sewers, and related poles, installations and appurtenances, as well as any other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the Project, all in accordance with the Utility Accommodation Policy of the D.O.T. 23. It is agreed that no new or future utility occupancy of Project right of way, nor any future relocations of or alterations to existing utilities within such limits, shall be permitted or undertaken by the City without the prior written consent of the D.O.T. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements Of the D.O.T. 24. All storm sewers constructed by the D.O.T. as a part of said Project shall become the property of the City, which shall be responsible for their maintenance and operations. The City shall not make any connections to said storm sewers without the prior notification of the D.O.T. Tile City shall take all appropriate measures to prevent use of such storm sewers as a sanitary sewer. 7op a MICROFILMED BY 'JORM MICROLAB ' CEDAR RAPIDS -DES MOINES L." -7- 25, The City shall be responsible for providing without cost to the D.O.T. all right of way which involves; (a) dedicated streets or alleys, and (b) other City -owned lands, except park lands, subject to the condition that the D.O.T. shall reimburse the - City for the value of improvements situated on such other City -owned lands, if any. The City has apprised itself of the value of these lands and, as a portion of their participation in the project, voluntarily agree to make such lands available without further compensation. The D.O.T. shall be responsible for acquisition of all other right of way. 2F. Right of way acquisition for this project is covered by Agreement 78-1-190 which was signed by the City and D.O.T. on December 20, 1978, and January 9, 1979, respectively. P7, The CITY, its successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree that; (1) no person on the ground of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be other- wise subject to discrimination in the use of said facilities, (2) that in the construction of any improve- ments on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, or national origin shall be excluded from partici- pation in, denied the benefits of or otherwise be subjected to discrimination, (3) that the City shall use the premises in compliance with all other require- ments imposed by or pursuant to Title 49, Code of Federal regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 Nondiscrimi- nation in Federally Assisted Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended and Title 23 U.S. Code Section 324, Prohibition of Discrimination on the basis of sex. ?8, If any section, provision or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of the Agreement as a whole or any section, provision or part thereof not found to be invalid or unconstitutional. 29, This Agreement may be executed in two counterparts, each of which so executed shall be deemed to be an original and both shall constitute but one and the same instrument. %1c;to MICROFILMED BY JORM MICROLAB -CEDAR RAPIDS -DES 1401NES L'. L� County Johnson Project No. F-1-5(9)--20-52 F-1-5(4)--20-52 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 81-3-032 as of the date shown opposite it's signature below. Title: -Mayor 19 I Abbie Stolfus , certify that I am the Clerk of the CITY, and that John R. Balmer Mayor, who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same by virtue of a formal Resolution, Resolution No. 81-129 , duly passed and adopted by the CITY, on the 2nd day of June , 19 81 Signed City Clerk of Iowa ity , Iowa June 2 , 19 81 IOWA DE�PA TMENT OF TRANSPORTATION BY: t✓��L� Right o Way Director tiff. 3� , 19 15V Date Highway Division ATTEST: BY: /JC �R SCJ /LAiJ� MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES ,8x LETTER OF INTENT WHEREAS, the State of Iowa, Iowa Department of Transportation (hereafter D.O.T.), Highway Division, and the City of Iowa City in Johnson County, Iowa (hereafter City) have entered into an Agreement for reconstruction of Iowa Primary Highway No. 1 within the City of Iowa City; and WHEREAS, the City and the D.O.T. wish to clarify the intent of the parties for claims asserted based on damage incurred to property owners for loss of access and/or change of grade, so as to avoid confusion and ambiguity regarding future claims. NOW THEREFORE let it be the intent of the parties, as follows: 1. Pursuant to its right-of-way acquisition for said improvement of Iowa Highway Primary No. 1 within the City limits, the D.O.T. has acquired and/or condemned all necessary rights requisite for said Improvements, including loss of access and/or change of grade along Highway No. 1 from its intersection with the City's south corporation line near Sunset Street (Station 124+18) extending northerly and easterly through the south junction of Iowa Primary Highway No. 1 and U.S. Primary Highway No.'s 6 and 218 to a point located approximately 420 feet southeast of said junction on U.S. 6 (at Station 1187+00) and from approximately 1146 feet south (on U.S. 218 at Station 491+36.50) to approximately 667 feet north (on combined Iowa 1, U.S. 6 and U.S. 218 at Station 509+50) of said junction respectively. _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES %r02 7 V< - The D.O.T. accepts full responsibility for any and all claims asserted by reason of loss of access and/or change of grade along Highway 1, as described herein. 2. The City accepts full responsibility for any and all claims asserted by reason of loss of access and/or change of grade as a result of the closure of the easterly extension of Ashley Drive at its junction with Highway 1, together with claims by reason of the subsequent cul de sac construction at the easterly extension of Ashley Drive. The City agrees to said claims by reason of Ashley Drive's status as part of the City's municipal street system, as described in said Agreement executed for the reconstruction of Iowa Primary Highway No. 1, as set forth in paragraph 2 of said Agreement No. 81-3-032. IN WITNESS WHEREOF, each of the parties hereto has executed the within Letter of Intent, as of the date shown opposite the parties' signature below. CITY OF IOWA CITY r - hn Balmer, Mayor ATTEST: C ( / June 2 , 1981 City Clerk MICROFILMED BY IJORM MICROLAB !11 CEDAR RAPIDS•DES*MOINES 70 oZ I, Abbie Stolfus certify that I am the Clerk of the City of Iowa City, and that John Balmer, Mayor, has signed said Letter of Intent for and on behalf of the City as duly authorized by Resolution NO81-129, duly passed and adopted by the City of Iowa City, on the 2nd day of June 1981, which said Resolution also included authorization for execution of Agreement No. 81-3-032. CI y Jerk of Iowa Cit , Iow IOWA DEPARTMENT OF TRANSPORTATION BY: Hight -of -Way Director, HighwayDivlslon ATTEST:, 4+^42 �, 1981 Received R Approved g`y The� Legal Dep& ment j MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES MOINES t ADVERTISEMENT FOR BIDS Summit Street Bridge Deck Replacement Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:00 A.M. on the 27th day of May and opened ironed ately thereafter by the City 81 Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 P.M on June 2 1981 or at such later time and place as may then be fixed. The work will involve the following: the replacement of the existing timber deck and asphalt wearing surface with a corrugated steel deck (which will be provided by the City of Iowa City) and asphalt wearing surface; the reconstruction of both street approaches to match the grades of the proposed deck; and all incidental work required to complete the project,, t All work is to be done in strict compliance with t the plans and specifications prepared by Charles J. Schmadeke P . Cit Enineer of Iowa Clty, Iowa, w ich have heretofore een approved by the City Council, and are on file for public examination in the Office of the City Clerk. 2 s: Whenever reference is made to the "Standard g Specifications", it shall be the "Standard R Specifications for Highway and Bridge Construction", Series of 1977, Iowa Department of Transportation, Ames, Iowa. 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 or a bank charted under the laws of the United States and filed in a sealed envelope separate from the one containing the proposal, and in the amount it Treasure�of N itof Bid y ofeIowa aCity, Iowa,ble to the Cand may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the t successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified inthe "Standard Specifications", Article 1109.06. AF -1 7P3 i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES ...17 Ir- ., The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of fiveyears from and after its completion and acceptance by the City. The -following limitations shall apply to this project: Working Days 30 Completion Date July 31. 1981 Liquidated Damages $100.00 per day The plans, specifications, and proposed con- tract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of proposal blanks may j be secured at the Office of Charles J. i Schmadeke, PE, City Engineer o owa City, } Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office i in good condition within fifteen (15) days after the opening of bids. i Prospective bidders are advised that the City i of Iowa City desires to employ minority contractors and subcontractors on City projects, j i The Contractor awarded the contract shall submit a list of proposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises t (MBE) are utilized, the Contractor shall furnish documentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356- 5022. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. I Abbie Stolfus City Clerk of Iowa City, Iowa AP -2 7f3 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES -MOINES �r s �— L,. i RESOLUTION NO. 81-130_,_ RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SUMMIT STREET BRIDGE DECK REPLACEMENT WHEREAS, McComas-Lacina 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: I. That the contract for the construction of the above-named project is hereby awarded to McComas-Lacina Construction Co. Inc. awardee Secure adequate ' subject to the condition that q performance bond and insurance oertificates. 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 Vevera and seconded by Lynch that the Resolution as read be adopted, and 4pon roll call there ware= AYES: NAYS• ABSENT: s BALMER x ERDAHL x LYNCH x NEUHAUSER x PERRET X ROBERTS VEVERA Passed and approved this 2ad_ day of . 19 12 2z==O'Z�61�'z � MAYOR ATTEST: CITY CLERK MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES Received & Approved By The Legal Department ...7 1� i RESOLUTION NO. i \REOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONT TURNKEY PROJECT IA 22-3 f \ WHEREAS, the City Council of Iowa City (herein called the "Local Authority") roposes to enter into a contract (h rein called the Annual Contributions Contract") with the United States of America defined in the Annual Contrib tions Contract and which ataime now or hereafter is incorporated un r the terms of said Contract BE IT RESOLVED BY E LOCAL AUTHORITY: Section 1. The Annua Contributions Co tract in substantially the form of contract hereto attac ed and marked Exhibit A is hereby approved and accepted both as to for and substa a and the Mayor or Mayor pro tem is hereby authorized and di ected to xecute said contract in two copies on behalf of the Local Autho ity, an the City Clerk is hereby authorized and directed to impress and at st t e official seal of the Local Authority on each such counterpart and to fo and said executed counterparts; or any of them, to the government toge r with such other documents evidencing the I approval and authorizing the a ecution thereof as may be required by the government. Section 2. The Director the F ance Department of Iowa City is hereby author ed to file with he Gover ent from time to time as monies are I required, requisitions ogether wit the necessary supporting documents i requesting advances to a made in acco dance with the Annual Contributions I Contract and the pro er officers of a Local Authority shall prepare, execute, and delive to the Governmen appropriate financial documents j hereinafter author zed and shall acc t payment therefor from the Government in cash and/or exchange for oth r notes of the Local Authority, 3 and such persons are authorized to do an perform all other things and acts required to a done or performed in orde to obtain such advances. Section 3. W never the following terms, or a of them, are used in this Resolution, he same, unless the context s all indicate another or different aning or intent shall be construed, nd are intended to have meanings a follows: (1) The term "Resolution" shall mean this Resolutio . (2) All other terms used in this Resolution and whi are defined in the Annual Contributions Contract shall have their spective meanings ascribed thereto in the Annual Contributions Contr t. Section 4. This Resolution shall take effect immediately It was moved by and seconded by that the Resolution was read and adopted, and upon roll call there were: 'I 7f5 j MICROFILMED BY 'JORM MICRCLAB CEDAR RAPIDS -DES I10INES Resolution Nc Page 2 AYES: NAYS: ABSENT: Balmer Erdahl Lynch Neuhauser Perret Roberts Vevera Passed and approved this day of 1981. MAYOR ATTEST: CITY CLERK Received & App"'.vid BY Legal DepaltmOnt MICROFILMED BY !JORM MICROLAB -DES.MOINES CEDAR RAPIDS U50 HUD -53011 November 1969 C,4 dc�A TERMS AND CONDITIONS Constituting Part Two of a CONSOLIDATED ANNUAL CONTRIBUTIONS CONTRACT Between Local Authority and the United States of America U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMWT Low -Rent Public Housing i MICROFILMED BY 'JORM MICROLAB "CEDAR RAPIDS -DES MOINES I V: TABLE OF CONTENTS Article I. Development Soc. 101. Efficiency and Econaay in Development 0L' Co�O�tY with Development Program 103, Acquisition of and Administration 104• Relocation oS Project Sites 105. natian , and Payments to 106. of Substandard StrI Site Occupants Architectural and Engineering tures on project ,;its 107, j(ni Construction Contract $8 vice, 108• Contract Documenn and Other Contracts 109' Taking of Bids 110. Award of Contracts 111. Execution of Contracts 113. Perfornence and Payment B�Notices to Proceed ds 114. Subcontract��ea j u5• prev and Assignments 116. Copeland pc ;; Contract Wo Hours Stan 17 7. W ages ring Development 117' age Claims and Adjustments dards Act - ipayrolls and Related Reports 119. Other Labor Provisions 120. Retention of Contract Rights and 121. Construction Inspection and Review 122• Fees for Gove Change elders 123• Payment ntrac Representatives at Project Sites 124. to f Co Acceptance of Contract Work and Completion of Contracts I 125• Completion of Development Work and 126, Modular Design i Payment Therefor Article II. Operation 201. Use of Projects 202. 203• Leaseynt Character of Projects i 204.ams Limits and Rents Maximum Inc 205. Definition of F I 206• Admission Policiae and Dis lien' Elderly Families; 207• Continued occupanc Placed Families 208. Applications Y 209. Re and Certifications Ponr 210. , Maint Reenance, and P.eplacement 211Labor construction and Restoration 212 • ' . provisions Applicable to Retention of Contract Rights Operation t I 1 i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Article III. Provisions Common to Development and Operation 301. ;ompliance with Cooperation Agreement and Payments in Lieu of Taxes 302. Equivalent Elimination Requirement °13• Domestic and Foreign Materials and Ineligible Contractors 3")4. Equal Employment Opportunity 3-;. Insurance and Fidelity Bond Coverage 306. Procurement 307. Personnel 308. Disposition of Excess Property 309. Books of Account and Records 310. Financial and Operating Statements 311. Access to Records and Projects; Audits 312. Property Included in a Project 313. Covenant Against Conveyance or Encumbrance Article IV. Fiscal Provisions Governing Development and Operation 401. General Depositary Agreement and General Fund 402. Pooling of Funds under Special Conditions and Revolving Fund 403. Development Cost 404. Development Cost Budgets 405. Actual Development Cost 406. Operating Receipts and Expenditures, Reserves, and Residual Receipts 407. Operating Budgets and Control of Operating Expenditures 408. Advances by the Government 409. Temporary Notes 410. Maximum Loan Commitment 411. Description of Bonds 412. Offering of Bonds and Establishment of Minimum Development Cost 413. Bond Resolutions and Fiscal Agent 414. Delivery of Bonds 415. Annual Contribution 416. Debt Service Fund 417• Advance Amortipation Fund 418. General Limitations on Annual Contributions 419. Pledge of Annual Contributions and Residual Receipts 420. Mortgage and Declaration of Trust 421. Refunding of Bonds 422. Prohibition of Other Loans 423. Faith of United States Pledged to Payment of Annual Contributions MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES L Article V. Defaults, Breaches, Remedies, and General Provisions 501. Conveyance of Title or Delivery of Possession in Event of Substantial Default 502. Delivery of Possession Event of substantial Breach 503. Reconveyance or Redelivery 504. Continuance of Annual Contributions 505. Rights and Obligations of Government During Tenure Under Sec. 501 or Sec. 502 506. Definition of Substantial Default 507. Definition of Substantial Breach 508. Other Defaults or Breaches, and Other Remedies 509. Right of the Government to Terminate Contract 510. Rights of Third Parties 511. Approvals and Notices 512. waiver or Amendment 513. Titles, Table of Contents, and Index 514. Severability of Provisions 515. Interest Of Members, Officers, or Employees of Local Authority, Members of Local Governing Body, or Other Public Officials 516. Members of Local Authority not ihdividually Liable 517. Interest of Member of or Delegate to Congress 516. Termination of Obligations MICROFILMED BY 'JORM MICROLAB .CEDAR RAPIDS -DES MOINES L,.— _, yet a — — _ L 0 a Article I 1 p ,1 �.IB4Y Sec. 101. Efficiency and Economy in Development and Administration Each Project shall be undertaken in such a manner that it x111 not be of elaborate or extravagant design or materials, and will be developed and administered to promote serviceability, efficiency, economy, and stability and to achieve the economic and social well-being and advance- ment of the tenants thereof. Sec. 102. Conformity with Development Program (A) Each Project shall be developed in accordance with the applic- able Development Program, and with plans, drawings, specifications, and other documents which subsequently supplement or modify such Development Program. (B) The Local Authority shall diligently prosecute the development of each Project. Sec. 103. Acquisition of Project Sites (A) In connection with the acquisition of real property by eminent domain for use in connection with each Project, the Local Authority shall abide by the regulations and requirements of the Government, including but not limited to the,followings (1) the Local Authority shall make every reasonable effort to acquire the real property by negotiated purchase; (2) the Local Authority shall not require the owner to surrender possession of real property before the Local Authority pays to the owner (a) the agreed purchase price arrived at by negotiation, or (b) in any case where only the amount of the payment to the Cromer is in dispute, not less than 75 per centum of the appraised fair value of such property as determined by the Local Authority and approved by the Government; and (3) the Local Authority shall schedule the construction or development of any Project so that no person lawfully occupying the real property shall be required to surrender possession on account of such construction or development without at least 90 days' written notice from the Local Authority of the date on which such construction or development is scheduled to begin or when possession of such real property will be required. (B) The Local Authority, unless the Government otherwise approves, shall provide by contract for necessary services of experts in their -1- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES S"- respective fief,?s for land surveys, title information, services for 1::;d aceuisition, appraisals and option negotia.ion::, in accordance rith regulations and requirements of the Gower^:meat. Approval of nuch contracts by the Governiont will be reGovey-1 en . "^.es provided the exceed the marlmum amounts then ore.sc:ibed by the Government. Such contracts shall not be entered into in respect to any Project site prior to tentative approvalby ake to acquire real the Gov:;r•nment of such site. The Local Authority shall not undert Property unless the Govermnent has ae acquisition thereof for a Project. pproved th ( The Local Authority, unless the Government othemise approveses , shall obtain a formal appraisal or apprdnals, as required by the Government, on each parcel and obtain Government approval beforo taking an option, instituting con•lemnation proceedings, or acquiring title thereto, and shall conduit all negotiations for the acquisition of real property in accordan;a with regulations and requirements prescribed by the Government. In no case shall persons Who have made such appraisals be employeI to negotiate options. (D) The Local Authority shall not accept accept awards under (except arty option for, institute, an required '��y applicable lax), or appeal any Bite or any proceedings for, or otherwise acquire any portion of the Bite for any project until it has submitted such data with respect Of the thereto as the Government may require, and has obtained the approval condemnation rartOf d ifsuch requeessted t* d eo bThe �the Authority shall appeal any (E) The Local Authority shall acquire Q odGovernment. title to the site of each Project free and clear of any mortgage, lease 'lien, restror encumbrance of any nature whatsoever, other than such leases, use restrictions, zoning ordinances, building restrictions, easements, or ictions' aO will ver not, is the determination of the Local Authority approved by the aeveameat, adversely affect the value or usefulness Of Ouch Bite for the Project. (Au the vesting of title to the Bite of each Project in the Local Authority and the dne recording of deeds or other documents required to be recorded in order to Of ds o title, the Local Authority shasit furnish to the aovernmsnt a final report on completed land acquisition, togother with two copies of (1) title insurance Policies, or (2) title certificates, or (3) attorneys, opinions, Ohanriag that the Local Authority has goad and valid title, as described in subsection (E) hereof,to the entire site of such Project, and that Ouch deeds or other documents have been duly recorded or filed for r1^ord wherever neceasary to protect such title. 4 — 2 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 2 ec. "O.U. Rel­— r.t4­ c:! of, and Pa;+y,mts to, Site Occupants (A) The Local Authority s ^'i undertake all step;; necessary to "'y out the relocation of the individuals and families displaced .n the Project site and shall make as part of Dovelopmant Cost re- location payments to individuals, families. business concorns, or non-profit organizations displaced from a low -rent houninr site an a result of the acquisition of real property by the Local Authority, accordance v-ith regulations as prescribed by the Government. (B) The Local Authority shall make and preserve such records of the individuals, families, business concerns, or nonprofit organizations displaced from the Project site and relocation costs in connection with the Project as the Government may require. Sec. 105. Elimination of Substandard Structures on Project Sites All substandard dwelling structures on the site of each Project shall be eliminated. Sec. 106. Architectural and Engineering Services (A) Unless otherwise approved by the Government, the Local Authority shall provide by contract in form and substance approved by the Government for the services of qualified architects and engineers for the preparation of plans, drawings, specifications, and related documents, and for the general supervision and for the inspection of the construction of each Project. (B) The Local Authority shall submit to the Government for its approval plans, drawings, specifications, and itemized estimates of Development Cost for each Project, in such form, at such stages, and at such times as the Government may require. (C) Plans, drawings, and specifications for materiels, products, or equipment to be supplied shall permit and encourage full and free competition. (D) The Local Authority shall furnish the Government, at such time or times as the Government may require, and in any event prior to the release of any document for the taking of bide, evidence satisfactory to the Government, showing that the plans, drawings, specifications, and related documents are in accordance with the provisions of this Contract and with all applicable laws, ordinances, and regulations, except to the extent that valid waivers have been obtained from the appropriate authorities. The Local Authority ahall obtain all necessary permits or approvals of State and local housing, planning, zoning, building, and other boards, bodies, or officers having jurisdiction, and shall furnish to the Government a certificate listing such approvals before any Hain Construction Contract is let. -3- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Sec. 107. Main Construction Contract and Other Contracts (A) "Main Construction Work" for any Project shall mean all pbysical construction work, materials, and equipment in connection wi':h such Project except demolition, lawns and planting, and the furnishing of movable equipment. "Main Construction Contract" shall mean any contract covering all or any part of the Main Construction Work. "Construction or Equipment Contract" shall mean any contract coversg all or arty part of the Main Conetruction Work, or covering demolition, lawns and planting, or the furnishing of movable equipment. (B) Unless otherwise required by applicable State laws, the Main Construction Work for each Project shall be performed under one contract, except that the Government upon submission of evidence satisfactory to it that such action is in the best intereat of the development of the Project, may approve (1) separate contraf is for foundations or for any or all elements of site improvements, to be entered into prior to the execution of contracts for the remainder of the Main Construction Work; (2) separate contracts for any or all of the mechanical trades, to be entered into at the sane time as the contracts for the remainder of the Main Construction Work; or (3) separate contracts for specific buildings or groups of buildings to be developed concurrently or consecutively. (C) Demolition, lawns and planting, and the furnishing of mov- able equipment may be performed under separate contracts or may be included in the same contract or contracts as the Main Construction Work. (D) All Main Construction Work and demolition, lawns and planting, and the furnishing of movable equipment shall be performed under lump - sum contracts, and no part of such work shall, unless approved in advance by the Government, be performed by force account: Provided, That the furnishing of any type of movable equipment, the aggregate cost of which for a Project will amount to less than $2,$00 may be made by purchase orders, and such purchase orders shall not be considered as being Con- struction or Equipment Contracts. Sec. 108. Contract Documents (A) For each Construction or Equipment Contract, the Local Authority shalt submit to the Government for its approval complete plans, drawings, specifications, and related documents, including invitations for bids, bid forms, forms for bonds, contract forms, general conditions, special conditions, and schedules of prevailing salary and wage rates, all as required under this Contract. Each such Construction or Equipment Contract entered into by the Local Authority shall be in the form so approved. (B) The Local Authority shall file with the Government, promptly after their execution, such copies of such contracts entered into in connection with the development of any Project as may be required by the Government. - h - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES snC• ICU. ':ak . Of Bid, (A)r The Local Authority shall not release any dor.^ort; fe_ taking. o_ bids for any Construction or Equipment Ccn'.rz7 1, e-ce,)t V addenda merely Clarifying documents previously apprc �v ;he . I - acu t, unless (1) the Government has approved the rpecifications, and related documents therefor, and (2) the Loocc,l Authority has acquired title to and possession of tho site of the F ojoct, or ha shown to the satisfaction of tho Goverrunont that it can and will acquire title, possession, or right of entry in sufficient time so as not to interfere unduly with the progress of the work re- quired by such Construction or Equipment Contract. All clarifying addenda shall be submitted to the Government for approval simultaneously with their release. (B) In connection with each Construction or Equipment Contract, the Local Authority shall give full opportunity for open and competitive bidding. The Local Authority shall give such publicity to advertisements for bids as will assure adequate competition. The bids shall be opened publicly at the time and place stated in the advertisement for bids, or at such other tine or place as may be publicly announced by the Local Authority. The Local Authority shall not be required to comply with the provisions of this subsection (B) with respect to (1) contracts between it and other public bodies, or (2) contracts between it and public utility companies for the installation, relocation, replacement, or removal of their facilities. (C) No alternate bids of any kind shall be taken in connection with any, Construction or Equipment Contract, except as approved by the Government. (D) Each bidder for any of the Construction or Equipment Contrpcts (except demolition contracts) shall, unless the Government otherwise approves, be required to furnish a bid bond or equivalent guarantee in as amount not less than five percent of his bid. Bidders for demolition contracts shall, unless the Government otherwise approves, be required to furnish a bid bond or egaivalent'guarantee in an amount not less than f laborp other�c dental expenses, POzv8nt of the sasoestimated mby he LocaluAuthority,� necessary to perform the work under the demolition contract without regard to the value of salvage. Sec. 110. Award of Contracts (A) The Local Authority shall not award any Construction or Equipment Contract to other than he lowest responsible bidder. (B) The Local Authority shall not award any Main Construction Contract unless (1) the Development Cost Budget referred to in sub- section (B) of sec. 404 has been submitted to the Government, (2) -5- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4_ .-I the Government, taking into account the level of construction costs prevailing in the locality where the Project is to be located, shall have specifically approved the amount of such Main Construction Contract, and (3) the Goverment, taking into account all applicable pxovisione of the Act, and of this Contract, shall have authorized the award of such Main Construction Contract. (C) The Local Authority shall not award any Construction or Equipment Contract other than the Main Construction Contract without approval by the Government, if the amount of such Construction or Equipment Contract exceeds $$,000 or exceeds the amount therefor included in the latest Development Cost Budget approved by the Government. Sec. 111. Execution of Contracts and Notices to Proceed After the award of each Construction or Equipment Contract and after the contractor has furnished to the Local Authority any required performance and payment bond or bonds, the Local Authority shall execute such Construction or Equipment Contract. Promptly after the execution of such Construction or Equipment Contract the Local Authority shall issue a notice to proceed with the performance thereof. Sec, 3.12. Performance and Payment Bonds (A) Each Construction or Equipment Contract for $2,000 or more (except contracts for the furnishing of material or equipment which } do not involve work normally done at the site of any Project other than in the delivery of such material or equipment) shall require the contractor to furnish either a combined performance and payment bond in an amount not less than the contract price or separate performance and payment bonds each in an amount not less than one- half of the contract price: Provided, That for demolition contracts a performance and payment bond or cacads shall be required regardless of the amount of the contract and the amount of such bond or bonds shall be in a stated amount to be set forth in the demolition specifications which amount, in the case of a combined bond, shall be not less than the total cost of labor, materials, hauling and all other incidental expenses, as estimated by the Local Authority, necessary to perform the work under the demolition contract, without regard to the value of salvage, or, in the case of separate bonds, the amount of each shall be not less than one-half of such cost. Each such bond shall be required to be furnished by a financially responsible bonding or surety company or companies, licensed to di, business in the State. -6- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L,, L. (B) She docanents in connection with each Construction or Equipment Contraot shall provide that failure by the contractor to furnish such bond or bonds within a proscribed period shall constitute default by the contractor and leave the Local Authority free to sake is axard to the next lowest responsible bidder or to readvortico for new bide and to collect from the contractor any damages therob' sustained b:' the Local Authority. I 3_23. Liquidated Damages Each Construction or Equipment Contract shall include provisions, in form and substance satisfactory to the Government, for liquidated damages in the event of delay in tho perforvance of such Construction or Egaipmant Contract, unless the Government approveB the omission of such provisions. Sec. 114. Subcontracts and Assignments (A) Each Construction or Equipment Contract shall provide that no part, of the work shall be subcontracted, nor shall any subcontracted work be assigned to another subcontractor, unless the Local Authority shall have first approved the subcontractor. (B) Each Construction or Equipment Contract shall provide (1) that the contractor shall wake no aseigment thereof (other than an aaeigment of the aoniee due or to become due thereunder to a bank or financial institution) without the prior approval of the Local Authority, which approval may be given only with respect to a responsible assignee who shall furnish performance end payment bonds in accordance with Sea. L2 hereof, and (2) that such Con- structiom or Equipment'Contraot nay be assigned by the Local Authority to say corporation, agency, or instrumentality author- ised to accept such asoigmt=t. Sec. 115. Prevailing Salaries or Wages During Development (A) Each contract entered into by the Local Authority in oonmeotion with the development of any Project under which soy architects, technical engineore, draftsman, or technicians arc exployed in such development shall require that there shall be paid, and the Local Authority shall itself pay, to all such employsse not lees than the salaries or wages prevailing in the 4 -7- MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES locality of such Project, as determined or adopted (subsequent to a determination under applicable State or local l sa) by the Govo:mr_. :t. (B) Each contract entered into by the Local Authori:y in connection with the development of any Project under vhict: any _aborers or mechanics are employed in such development (cth,-r than contracts for less than $2,000 or for the furnishing of matrsrira or equipment and not involving work no:.aally done at the ri.tn of ansa Project other than the delivery of such m._trrial or ecuipmen:.i sht�_ require that there shall be paid, and the Local Authori.'; shall itself pV, to all such laborers and mechanics not lours an the wages prev:d.ling in the locality of such Project, as pr-1:11eu:r- mined by the Secretary of Labor pursuant to the Davis -Bacon Act (Title 40, U.S.C., Secs. 276a to 276a-5). (C) Each contract identified in suInsection (B) of this Sec. 115 shall contain the following provision: "All la',orors and mechanics employed in the develop- ment of the Project will be paid unconditionally and not less often than Once a wee::, and without subsequent deduction or rebate on any :account (except such p •roll deductions as are permi.tted by the Copeland Act (29 CFr^. Part 3)), the full amounts duo: at time of payment computed at wage rates not less than ;:nose contained in the wage determination decision of the Secretary of Labor which is attached hereto and made a Part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor or sub- contractor and such laborers and mechanics; and the wage determination dec.:sion shall be posted by the contractor at the site of the work in a prominent place where it can be easily seen by the workers. For the purpose of this clause, contributions made or costs reasonably anticipated under section l(b)(2) of the Davis -Bacon Act on behalf of laborers or j mechanics are considered wages paid to such laborers or mechanics subject to the provisions of 29 CFR 5.5(a)(1)(iv5. Also for the purpose of this clause, regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constnretively made or incurred during such weekly period." Such contracts shall also include such additional provisions as may be, at the time of the making of the contract, required by regulati,,nn of the Secretary of Labor. MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 4� f�^ I,— (D) Each contract identified in subsections (A) and (B) of this Sec. 215 shall provide that the Local Authority will not make any Payment under one'" contract unless and until the) Local Authority has .•^ceived a signed statement from the contractor that such contractor a7% each of his subcontractors has made payment to each class of employees in compliance with the applicable provisions of subsections (A), (B), and (C) of this Sec. 115• The Local Authority shall not mage any such payment unless and until it has received such signed statement. (E) Each contract identified in subsections (A) and (B) of this Sec. 115 shall require that if the contractor or any of his subcontractors finds it necessary or desirable to exceed the prevail- ing salary or wage rates specified in his contract, any expense incurred by the contractor or subcontractors because of the payment of salaries or wages in excess of such amounts shall not be cause for any increase in the amount payable under his contract. The Local Authority shall not consider or allow any claim for additional compeasation made by the contractor or subcontractors because of such payments. Sec. 116. Copeland Act; Contract Work Hours Standards Act (A) All work in connection with the construction, prosecution, completion, or repair of the Projects is subject to the Copeland Act (Title 40, U.S.C., Sec. 276c), and to all regulation, rulings, and interpretation (including any amendments or modifications thereof) issued pursuant thereto by the Secretary of Labor, and the Local Authority shall observe and abide by said statute, and said regula- tions, rulings, and interpretation. The Local Authority shall incorporate in each contract entered into by it in connection with such construction, prosecution, completion or repair of the Projects the following, "Compliance with Co Blend Regulations (29 CFR PaI T e contractor a comp e Copeland Regulations (29 CFR Part 3) of the Secretary of Labor which are herein incorporated by reference." (B) To the extent that work in connection with this Contract which may require or involve the employment of laborers or mechanics is subject to the Contract Work Hours Standards Act (Title 40 U.S.C., Secs. 327-332) the Local Authority shall comply with said Act and all regulations, rulings, and interpretations (including any amendments MICROFILMED DY JORM MICROLAB CEDAR RAPIDS -DES 1401NES .7 or modifications thereof) issued pursuant thereto by the Secretsr-y of Labor. The vocal Authority shall incorporate in each contract entered into by ow which may require the employment of such laborers or mechanics, the following; CONTRACT WORK HOURS STANDARDS ACT - OVERTIME COMpL,;SATION As used in these paragraphs, the terms "laborersn and "mechanics" include watchmen and guards. (a) Overt=quirements. No contractor or subcontractor contracting o� part of the contract work which Or mechanics requirshallinvolve requirethe or permit employment of laborers or mechanic in any workweek i:r which he isaborer or such work to work in excess o£ eight hourspinyny n calendar day or in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one- half times his basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hours in such workweek, as the case may be. (b) Violations set forth in subparagr Uh vany iolation o t e clause subcontractor responsible employee ( ), the contractor and errs• arry affected for therefor shall his unpaid ws. liable to In additionp such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed respect to each individual laborermec with s ployed in violation of the clause set forth in sub paragraph (a), in the sum of $10 for each calendar dy on which such employee was required or permitted to work in excess of eight hours or in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in subparagraph (a). (c) Withholding for li uidated d y may es. The Local from or cause be Withheld, by the contractoraorblo on account subc ntractor,osu hrsumsrformed as ruav adtainiatratively be determined to be necessary to satisfy arty liabilities of such contractor or sub- contractor for liquidated damages as provided in the clause set forth in subparagraph (b). I i - 10 - I i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES V;_ (d) Subcontracts. The contractor shall insert in any suocontracts the clauses set forth in subparagraphs (a), (b), and (c) of this paragraph and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they, may enter into, together with a clause requiring, this insertion in any further subcontracts that may in tum be made. Sec. 117. Wage Claims and Adjustments Each contract identified in subsections (A) and (B) of Sec. 115 shall provide that in cases of underpayment of salaries or wagos to any architects, technical engineers, draftsmen, technicians, laborers, or mechanics by the contractor or any of his subcontractors, the Local Authority may withhold from such contractor out of payments due, an amount sufficient to pay persons employed on the work covered by tho contract the difference between the salaries or wages required to be paid under the contract and the salaries or wages actually paid such employees for the total number of hours worked, and shall further Provide that the amounts withheld may be disbursed by the Local Authority for and on account of the contractor or the subcontractor to the respective employees to whom they are due. The Local Authority shall in cases of such underpayment withhold such monies and any amounts of liquidated damages due the United States in connection with viola- tions of overtime compensation requirements of Section 116(B): Provided, That the Local Authority shall not be considered in default under this sentence if it has in good faith made payments to the contractor in reliance upon a signed statement of the contractor that the salaries and wedges required under his contract have actually been paid. Sec. 118. Payrolls and Related Reports (A) Each contract identified in subsection (B) of Sec. 115 shall also require that payrolls and basic records relating thereto will be maintained during the course of the work and preserved by the contractor and his subcontractors for a period of three years thereafter for all laborers and mechanics employed in the development of the Project. Such records shall contain the name and address of each such employee, his correct classification, rates of pay (including rates of contributions or costs anticipated of the types described in section 1(b)(2) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing 4� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES oenef-ts t1.nd^r a plan or vrogram dencribed in sectio^ :(b)l2)(2; of the Davis-13aron Act, the contractor ;.11:11 maintain record:! whish show that the courd.tment to provide such ber:efits is enforr.r:nbly, that the clan or program is financially responsible, and that the p, an or rrogran has been communi.cated in writi.rig to the laborers or mechanics affec :ed, and records which show the coots anticipated or 1 -he actual cost incurred in providing such benefits. .(B) The contractor shall be required to submit wee}1 y to the Locri. Authority such copies and summaries (on forms prescribed by the Government and furnished by the Local Authority) of all his payrolls and those of each of his subcontractors, as the Local Authority or the Government may require. Each such payroll and summary shall be accom- panied by a statement signed by the employer or his agent indicating that (1) such payroll is correct and complete, (2) the wage rates contained therein are not less than those determined by the Secretary of Labor, and (3) the classifications set forth for each laborer or mechanic conform with the work performed. The contractor shall be required to make his employment records available for inspection by authorized representatives of the Local Authority, the Government, and the Department of Labor, and to permit such representatives to interview employees during working hours on the job. Sec. 119. Other Labor Provisions (A) Each contract identified in subsection (B) of Sec. 11$ shall provide that: (1) Apprentices will be permitted to work as such only when they are registered individually under a bona fide , apprenticeship program registered with a State Apprenticeship Agency which is recognized by the Bureau of Apprenticeship and Training, United States Department of Labor, or 1f no such recognized agency e;.ists in a State, under a program registered with the Bureau of Apprenticeship and Training, United States Department of Labor. The allowable ratio of apprentices to Journeymen in any craft classification shall not be greater than the ratio permitted to the contractor ae to hia entire work force under the registered program. Any employee listed an a payroll at an apprentice wage rate, who is not register.:,�. as above, shall be paid the wage rate determined by the Secretary of Labor for the classification of work he actually performed. The contractor or subcontractor will be required to furnish to the contracting officer written evidence of t: -le registration of his program and apprentices as well as of appropriate ratios and wage rates for the area of construc- tion prior to using any apprentices on the contract work; - 12 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4 1,- (2) It may be ter-iinated by the Local Authority upon default by the contractor of any of the provisions of Secs. 115, 116, 117, or 118, or of subsections (A), (B), or (C) of this Sec. 119; and (3) The contractor shall insert in each of his sub- contracts the provisions (appropriately modified) of Secs. 115, 116, 117, and 118, and subsections (A), (B), and (C) of this Sec. 119, and also a clause requiring the subcon- tractors to include these clauses in any lower tier sub- contracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may in turn be made. (B) All disputes concerning the payment of prevailing wage rates or classifications arising under this Contract or under any contract identified in subsection (B) of Sec. 115 involving (1) significant sums of money, (2) large groups of employees, or (3) novel or unusual situ- ations shall be promptly reported to the Government for decision or, at the option of the Government, referral to the Secretary of Labor. The decision of the Government or the Secretary of Labor, as the case may be, shall be final. Each contract identified in subsection (B) of Sec. 115 shall embody the provisions of this subsection. (C) All questions arising under this Contract or under any contract identified in subsections (A) and (B) of Sec. 115 relating to the applica- tion or interpretation of the Copeland Act, the Contract Work Hours Standards Act, or Sec. 16(2) of the Act shall be referred to the Secretary of Labor for ruling or interpretation, and such ruling or interpretation shall be final. Each contract identified in subsections (A) and (B) of Sec. 115 shall embody the provisions of this subsection (C). Sec. 120. Retention of Contract Rights and Change Orders (A) With respect to all contracts entered into by the Local Authority in connection with the development of any Project, the Local Authority (1) except in an emergency endangering life or property, shall not, without Government approval, amend, modify, or consent to any change in any such contract or contractual provision Which is 4 -13- MICROFILMED By JORM MICROLAB CEDAR RAPIDS -DES MOINES required by this Contract to be approved by the Goverment; (2) shall at all times retain, preserve, and enforce all its rights under all such contracts; and (3) shall not, without the prior approval of the C�vernment, waive, release, or compromise any right or claim which it may have under any such contract. (B) Each Construction or Equipment Contract shall contain the following provisions "Except in any emergency endangering life or property, no change shall be made by the contractor unless he has received a prior written order from the Local Authority approved on its face by the Government authorir ng the change, and no claim for an adjustment of the contract price or tine shall be valid unless so ordered." Sec. 121. Construction Inspection and Review (A) The Local Authority shall provide comaetent and adequate architectural and engineering inspection of each Project at an tines during the construction thereof. Unless otherwise approved by the Government, the Local Authority shall provide such inspection through contract with its architects and engineers. (B) The Government reserves the right to review the adequacy of the inspection provided by the Local Authority, and the Local Authority shall promptly correct any inadequacy disclosed by such review. The Government also reserves the right to inspect any construction work, materials, and equipment, and the Local Authority shall promptly require the contractor to correct any noncompliance upon demand by the Govern - Rent. i (C) Each Construction or Equipment Contract shall require the contractor and his subcontractors to permit, and the Local Authority shall itself permit, the Government to review all construction work, materials and equipment, pgyrolls,'and employment conditions, includ- ing data and records relevant thereto. The Local Authority shall provide and maintain, or require that there shall be provided and maintained, during the construction of each Project, adequate facilities at the site for the one of the Government's representatives who may be assigned to the review of such Projeot. Sec. 122. Fees for Government Representatives at Project Sites The Local Authority shall pay to tho Government a reasonable fixed fee for providing representatives of the Government at the si" MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 4 1,1 of each Project in connection with the construction thereof. Such fixed fee shall be in accordance with a schedule prescribed by the Government so that such fixed fees in connection with ,J1 lmi-rent .`reusing projects assisted by the Government ahalI in the aggregate relation to the development coot of all such projects suffice to cover the costs of rendering such services. Sec. 123. Payment to Contractors (A) Each Construction or Equipment Contract may provide for Partial payments by the Local Authority to the contractor. In such event, the Construction or Equipment Contract shall provide tbtt the contractor shall supply to the Local Authority, in a form satisfactory to the Government, a detailed estimate showing a complete breakdown of the contract price. Partial payment shall be made in accordance with periodic estimates based upon said detailed breakdown and with appro- priate supporting data. The periodic estimates shall cover work performed (including materials delivered to and properly stored on the site with the approval of the Local Authority) during the preceding period, and shall be duly certified and approved by persons designated by the Local Authority. In making periodic partial payments, the Local Authority shall retain at least 10 percent of the amount of each periodic estimate until final completion and acceptance of all work covered by the particular contracts Provided, That after one-half of the work has been completed, and ifeta -work progressing satis- factorily and continues to so progress, the Local Authority may make the remaining partial payments in full for the work subsequently completed. (B) Each Construction or Equipment Contract shall provide that final payment to the contractor by the Local Authority of amounts retained under subsection (A) of this Sec. 123 shall not be made until (1) the contractor has furnished a release, in a form approved by the Government, of all claims against the Local Authority arising under and by virtue of such Construction or Equipment Contract, other than such claims, if any, (the basis, scope, and amount of each of which are clearly defined and stated) as may be specifically excepted by the contractor from the operation of such release, and (2) the con- tractor has furnished evidence satisfactory to the Local Authority that the contractor has paid, and that his subcontractors have paid, all sums due to laborers, mechanics, and materialmen. (C) With the prior approval of the Government the Local Authority may release to the contractor a portion of the amounts retained under subsection (A) of this Sec. 123 in advance of making final payment, but shall not make final payment to any contractor until the Government has approved the certificate of completion described in subsection (C) of Sec. 124. - 15 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES RCJ�/ F Sec. 124. Acceptance of Contract Work and Completion of Contracts (A) Each Construction or Equipment Contract shall require that the work covered thereby shall be completed within the time specified therein and such extensions as may be granted by the Local Authority. The Local Authority shall grant no such extension without approval thereof by the Government. (B) With respect to each Construction or Equipment Contract, the Local Authority may accept the work thereunder in parts or in its entirety. Such acceptance may be acceptance of the work involved either as (1) fully completed and satisfactory, or (2) completed but with an adjustment in price for noncompliances, or (9) completed subject to the correction of specific minor items. No work shall be so accepted by the Local Authority unless such acceptance is approved by the Government or the Government has waived such approval; Provided, That the Local Authority may accept work required in the correction off'specific minor items without the approval of the Government. (C) After acceptance of all work (including the correction of any specific minor items) under each Construction or Equipment Contract, the Local Authority shall submit for approval by the Government a certificate Of (1) full completion, or (2) full completion but with an adjustment in price for noncompliances, and shall include in such certificate a state- ment of the final amount due and payable to the contractor. Sec. 125. Completion of Development Work and Payment Therefor 1 The Local Authority shall complete all development work in respect to each Project and shall make full payment for the Development Cost of such Project (except for the payment of items of development work which may be disputed, contingent, or unliquidated, and for legal and other costs and expenses in connection with the settlement of such items) within twelve months after the approval of the final Development Cost Budget submitted pursuant to subsection (D) of Sec. 404. Sec. 126. Modular Design The plans, drawings, and specifications for each Project slijil follo., the principle of modular measure in every case deemed feasible by the Local Authority in order that such Project may be built by conventional construction, on-site fabrication, factory pre-cutting, factory fabrica- tion, or any combination of such construction methods. - 16 - MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 4 Article 11 OPMATION Sec. 201.' Use of Projects The Local Authority shall at all times operate each Project (1) solely for the purpose of providing decent, safe, and sanitary dwell- ings (including necessary appurtenances thereto) within the financial reach of Families of Low Income, (2) in such manner as to promote service- ability, efficiency, economy, and stability, and (3) in such manner as to achieve the economic and social well-being of the tenants thereof. Sec. 202. Lacy -Rent Character of Projects The Local Authority shall at all times maintain the low -rent character of each of the Projects. The low -rent character of each Project shall be deemed to be maintained so long as (1) such Project is used as provided in Sec. 201, and (2) to the knowledge or information of the Local Authority, no persons have been admitted to occupancy in such Project or allowed to continue occupancy therein except as provided in this Contract. Sec. 203. Leases (A) The Local Authority shall, unless otherwise approved by the Government, use the dwellings in the Projects solely for the purpose of housing Families of Low Income as provided in this Contract. It shall not, without the approval of the Government, grant any concessions, licenses, or permits to use any mndwelling space or facility in any Project at less than fair rental value, except for programs conducted by or primarily for the occupants of the Project or for temporary public, charitable, or similar use. (B) The Local Authority shall not permit any family to occupy a dwelling in any Project except pursuant to a written lease for such dwelling executed by a responsible member of such family, which lease shall contain all relevant provisions necessary to meet the requirements of the Act and of this Contract, and which lease shall provide that the Local Authority shall not terminate the tenancy other than for violation of the terms of the lease or other good cause. In terminating a tenancy, the Local Authority shall inform the tenant in a private conference or other appropriate manner the reasons for the eviction and give the tenant an opportunity to make such reply or explanation as he may wish. -17- i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I40INES L., —.7 Sec. 204. Maximum Income Limits and Rents (A) Subject to the approval of the Government, the Local Authority shall fix for the Projects income limits for occupancy and rents after taking into consideration: (1) The family size, composition, age, physical handicaps, and other factors which might affect the rent -paying ability of the family, and (2) The economic factors which affect the financial stability and solvency of the Projects. (B) Income limits for Projects shall restrict or therein to Families of Lw Income. Rents for the Projects shall meet the gap requirements of Sec. 15(7)(b)(ii) of the Act and shall assure the financial solvency of the Projects. Income limits and rents as fixed by the Local Authority shall meet the requirements of local applicable law. (C) The Local Authority shall submit to the Government for its approval a schedule or schedules of income limits and rents for the Projects, together with such supporting data and documents as the Government may require. (D) The Local Authority may at any time review and revise such ' schedules, and shall review and revise such schedules it the Government determines that changed conditions in the locality make such revisions necessary in achieving the purposes of the Act. (E) The income limits and rents as fixed or revised by the Local Authority and approved by the Government shall govern the operation of the Projects. Sec. 205. Definitions of Families; Elderly Families; and Displaced Families (A) The tern "families" means families consisting of a single person in the case of elderly families and displaced families, and includes the remain member of a tenant family, (B) The term "elderly familiesi' means families whose heads (or their spouses), or whose sole members, have attained the age at which an individual may elect to receive an old -age benefit under Title II of the Social Security Act (42 U.S.C. 301, at seq.); or are under a disability as defined in section 223 of that Act as amended , or are handicapped within the meaning of section 202 (12 U,S,C. 1701q) of the Hensing Act of 1959, . (C) The term "displaced familiesii means families displaced by urban renewal or other governmental action, or families whose present or former dwellings are situated in area^, determined by the Small Business Administration, subsequent to April 1, 1965, to have been - ].8 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Y affected by a natura'_ disaster, and which have been er.tensivcly damaged or destroyed as the result of such disaster. -ac. 206. Admission Policies The. Local Authority shall duly adopt and promulgate, by publication or posting in a conspicuous place for examination by prospective tenants regulations establishing its admission policies. Such regulations must be reasonable and give full consideration to its public responsibility for rehousing displaced families, to the applicant's status as a service- man or veteran or relationship to a serviceman or veteran or to a disabled serviceman or veteran and to the applicant's age or disability, housing conditions, urgency of housing need, and source of income, and shall accord to families consisting of two or more persons such priority over families consisting of single persons as the Local Authority determines to be necessary to avoid undue hardship. Sec. 207. Continued Occupancy (A) The Local Authority shall at least once a year reexamine the incomes of families living in the Projects except that families whose heads (or their spouses) or whose sole members are 62 years of age or over may be reexamined only once every two years: Provided, That the length of time between the admission of a family subject to yearly re- examination and the first reexamination of such family may be extended to not more than 18 months if necessary to fit a reexamination schedule established by the Local Authority. . (B) If, upon such reexamination, it is found that the income of the family increased beyond the approved income limits for continued occupancy, the Local Authority shall require such family to move from the Project, unless the Local Authority determines that, due to special circumstances, the family is unable to find decent, safe, and sanitary housing within its financial reach although making every reasonable effort to do so, in which event such family may be permitted to remain for the duration of such a situation if it pays an increased rent con- sistent with such family's increased income. (C) If, upon such reexamination, it is found that the rent being charged the family no longer conforms to the approved rent schedule, the rent shall be adjusted in accordance with the approved rent schedule. Sec. 208. Applications and Certifications (A) Prior to the admission of each family as a tenant and in each year thereafter on the date established by the Local Authority - 19 - MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES for the reexamination of the status of such family, the Local Authority shall obtain a written application, signed by a responsible member of such family, for admission or continued occupancy, as the case may be, which application shall set forth all data and information necessary to enable the Local Authority to determine whether the family meets the conditions for admission or continued occupancy, as the case may ba. (B) The Local Authority shall establish policies governing the nature and extent of investigations to be made of applicants' and tenants' statements relating to their eligibility. (C) A duly authorized official of the Local Authority shall, at times prescribed by the Government, make written certifications to the Government that each family admitted to the Project during the period covered by the certification was admitted in accordance with its duly adopted regulations and approved income limits. Sec. 209. Repair, Maintenance, and Replacement The Local Authority shall at all times maintain each Project in good repair, order, and condition. Sec. 210. Reconstruction and Restoration (A) Whenever in any manner whatsoever a Project, or any part thereof, shall have been damaged or destroyed, the Local Authority shall proceed promptly (1) to establish (either by settlement approved by the Local Authority and the Government, or by litigation) and collect all valid claims which may have arisen against insurers or others based upon any such damage or destruction; and (2) except as hereinafter in this Sec. 210 provided, to reconstruct, restore, or repair such Project. (B) A11 proceeds of any such claims and any other monies provided for the reconstruction, restoration, or repair of any such Project, shall be deposited in the General Fund, and be reserved for such purpose. The Local Authority shall not, unless the Government otherwise approves, use the monies so reserved except (1) to pay the cost of such reconstruction, restoration or repair or (2) for application as provided in subsection (Dj of this Sec. 210. (C) Whenever any such reconstruction, restoration, or repair can be accomplished substantially as one operation, and is not to be performed by the normal staff of the Local Authority, and the estimated cost thereof is in excess of $10,000, the Local Author'. 4� _20 _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i1 air in cma o ••i.atP1Y ❑qdC.� ied j -of �� folla+'-ng ch _- acco;lsiish such reconstruction) ti.res.gration a. re A pl_a:icc xit 'hs provio_onsFle�p9 P•t) (L) 107 LO'( ) aP.�tions rind ruhe0e'.10IIH: °G (••) (, A). ��, i12 7'_3, ' , 115 (0; ('•)> 116, 117, 11fS, L14, 20, 123, 1z4, 2z1�(n), 3 3, ami 3011 (s)• i� coats. ince red therefor (D) } balance of the lonios so reserved Bch ncu-rem-re the the coop 'tion of such work end pp' vmmnt of indebW'1nesa, .'- a iY, vhic �hti]J be applied: First, to ..he paYm° Second, thn Local Authority moa have incurred to Provide such maneto s; to th0 reLnbursomant of �v ° ero rodded from such e 07 nreserve ccoer a�Or� accoun ; extent{that s'l sersod Oper to Rocoipts. r the Government, and Th_rd, a' k�Lh the approval o_ r The Local Authority, art of any such damaPO to or dentrvc- may determine that all or env P or repaired, roceeda of any claims a8,, nst insurers or tion of a Project shall not be reconstrvctod, restore , and. in such event, the P e or destruction, to the exb ndep°osited others arising out of such damag ail shall used for such reconstruction, res ration, or rep in the Advo^_ce Amortization Fund• Sec. 271. Labor Provisions Applicable to operation (A) Each contract entered into by the Local Authority in connection with any Project under her t any borers or the fur are employed in such operation (other than contracts for the do%.. h- are m materials or equipment and not involving work normally done ina at the site of materials, Project equipment than the delivery of any such material or equipment) shall require that there shell be Paid, and the Local Authority shall itself Payr t all such m 7ntenanea laborers and Authority not less than the salaries or wages prevailing � the of such Project, as determined or adopted (suboequent to a locality b the Government. determination under applicable State or lend law) (B) and (B) The provisions of sec. 116 (A) shall aI Y to the Local (C) of Sec. 719 (appropri•atsly modified) If the Projects and to all Authority in eonnection with the rept of the Projects. contracts S connection with Each ontract entered into by the Local Authority for � (C) remodeling, P�t� or decoratin8 of any Project repairs alterations es are employed in such operation under which any laborers or I furnishing of trials or equiPment (other than contracts for the Tun ehintBthe sit of any, project other and not involving work normally or equipment)+ the amount of which t� the delivery of such matez•Salsball be subject t the provision' oacesm of $losoo0, secti)ua and subsections= contract is in modified) of the following and 304 (B)• r 271 (A), j� (A�715 (D) (E), 116s 117, 118, 719, See. 212. Retention of Contract Rights The Loce:L AutbOri-Y shallat all acttimes retain, npreserve) icand enforce all its rights under all contracts Petered into n connection V the oporation of any Project. - 21 - MICROFILMED DY JORM MICROLAB CEDAR RAPIDS -DES MOINES V_ Article III PROVISIONS C0MKION TO DEVELppyMT A1;D OPERATION Sec, 301, Compliance with Cooperation Agreement and Payments in Li all of Taxes (A) During the development and operation of the Projects the Lo•_zY,'put},orlty shall perforin and comply cions of the Cooperation Agreement, including in lieu of taxes all applicable, provi- as provided therein the making of Payments preserve, and enforce its rights thereunder at all times retain, amend, or modify the same in and shall not terminate the Government. tel' manner, except with the approval of � GovernmentThmakeLocal or agree to mashall not, without the approval. of the excess of those provided cooperation ation Ag ee lieu of taxes in (C) The Loci the Cooperation Agreement, statemelEt of the Authority shall include in its annual r respect to each Projectsfor themFiscal Yearnts in uorfotheratvelvomade �orts a Period for which such twelve-month with each such Payments were made next date dual report, together with a Preceding the date of taxes which would have been levied statement of the Period if it were against such Project forsuch of Privately owned. Sec. 302. Equivalent Elimination Requirement If, under the provisions of the Cooperation Agreement eli of unsafe or insanitary dwellings is required with re the Local Authority shall obtain from the local governing bed urination locality in which the Pro respect to any Project, Prescribed b the Sect is situated a certitYcate y of the Y Government, as to compliance with such requirement. as q ement, Sec. 303. Domestic and Foreign Materials and Ineligible Contractors (A) Each contract entered into by the Local Authority tion with the construction, alteration, or re in require that there shall be Project in the construction used Pair of rit project sha•:.1 and the Local Authority shall itee�f such unmanufactured articles materials, and repair of any Project ort mined or produced in the U materials, gad supplies as have been Y articles, materials nited States, and only such manufactur United States substantially supplies as have been manufactured in the mined, produced or rnarrufa tua all articles, materials, or supplies States, The Governmentas the case may be, in the United Authorit waivethe reserves the right, upon request of the Local determines that the use of domesgoingtic restrictions if the Government Se impracticable Olaestic articles, materials, or supplies or that the cost thereof as determined by the Govern merit is unreaconabl.e. - -22 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES a 1"- (B) In connection with the development or operation of any Project, the Local Authority shall not awprd any contract to any =tractor, or approve or pen it the assignment, of any such contract D any contractor, or approve any subcontractor or assignee of any subcontractor, who is ineligible to receive awards of contracts from the United States as evidenced by the list or lists of such contrac- tors furnished by the Government. Sec. 304. Equal Employment Opportunity (A) In connection with the development or operation of any Project, the Local Authority shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Local Authority shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termina- tion; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Local Authority shall insert the foregoing provision (modified only to show the particular contractual relationship) in all its contracts in connection with the development or operation of any Project, except contracts for standard commercial supplies or raw materials and contracts referred to in subsection (B) of this See -301:, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. The Local Authority shall post at the Projects, in conspicuous places available to employees and applicants for employment, notices to be provided by the Government setting forth the provisions of this non- discriminatory clause. (B) The Local Authority shall incorporate or cause to be incorporated into any contract for construction work, or modifica- tion thereof, as defined in the regulations of the Secretary of Labor at 41 CFR, Chapter 60,which is paid for in whole or in part with funds obtained under this contract, the following equal opportu- nity clause: "EQUAL E PLOYMENT OPPORTUNITY During the performance of this contract, the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contrac- tor will take affirmative action to ensure that applicants are employed, and that employees are treated during employ- ment without regard to their race, color, religion, sex, MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I40INES or national origin. Such action shall include, but not be limited to the followings employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Authority setting forth the provisions of this Equal Opportunity clause. (2) The contractor will, in all solicitations or adver- tisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided by the Local Authority advising the said labor union or workers' representative of the contractor's commitments under this section, and shall Post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The contractor will comply with all provisions of Executive Order No. 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (5) The contractor will furnish all information and reports required by Executive Order No. 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the Government and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the contractor's noncompliance with the Equal Opportunity clauses of this contract or with any cf the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further contracts in accordance with procedures authorized in Executive Order No. 11246 of September 24, 1965, an-. such other sanctions may be imposed and remedies invokes as provided in Executive Order No. 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor or as otherwise provided by law. - 24 _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L.,, (7) The contractor will include the portion of the sentence immediately preceding Paragraph (1) and thep rovisions of Paragraphs (1) through (7) in every subcontract ohase order unless exempted by the rules, regulations,orporders of the Secretary of Labor issued pursuant to Section 204 of Executive Order No. 11246 of September 24, 1965, so that such provisions will be binding upon oach subcontractor or vendor. The contractor will take such action with respect to say subcontract or purchase order as the Government may direct as a means of enforcing such provisiono including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the Government, the con- tractor ray request the United States to enter into such litigation to protect the interests of the United States.,, (C) The Local Authority agrees that it will be bound by the above Equal Opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided. That if the Local Authority so participating is a State or local govern- ment, the above Equal Opportunity clause is not applicable to any agency, instrumentality, or subdivision of such government which does not Participate in work on or under this contract. (D) The Local Authority further agrees that it will assist and cooperate actively frith the Government and the Secretary of Labor in Obtaining the compliance of contractors and subcontractors with the Equal Opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the Government and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the Government in the discharge of the Government's primary responsi- bility for securing compliance. (E) The Local Authority further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order M1o, 11246 of September 24, 196$9 with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the Equal subcontractorstorby the Governmene ast or thebe iSeeccret upon contractors and Part II, Subpart D of the Executive Order. ry of Labor pursuant to Sec. 305. Insurance and Fidelity Bond Coverage (A) A11 of the insurable property and equipment from time to time constituting each Project shall be insured by fire and extended coverage insurance, and be insured against such additional risks with respect to which insurance is commonly carried on similar property and equipment in -25- MICROFILMED DY JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES Y:v.. tthl?ri;__,i ;x.:;t the locality of such F-ojert. Such insurance shall ue in a -mounts s(u°ficien to prevent the Local Authority from becoming a co-insurer and, in any event in amounts not less than eighty percent of the current insurable value of such property or equipment: Provided, That the amount of insurance, if any on buildings to be demolished shall be determined by the Local Authority. (A) The Local Authority also shall carry adeeuat.e (1) owners', land- lords', and tenants' public liability insurance (eycluding property damage) (2) manufacturers' and contractors' public liability insurance (excluding property damage), (3) Workmen's compensation coverage (statutory or :voluntary), (4) automobile liability insurance against property damage and bodily injury (owned and non -owned), (5) burglary and inside robbery insurance, (6) outside robbery insurance unless armored car service is used for the transportation of cash (7) boiler insurance (if steam boilers have been installed), and (8j, if prescribed by the Government, war damage insurance. (C) The Local Authority shall obtain or provide for the obtaining of adequate fidelity bond coverage of its officers, agents, or employees handling cash or authorized to sign checks or certify vouchers. (D) Each insurance policy or bond shall be written to become effective at the time the Local Authority becomes sub6ect to the risk or hazard covered thereby, and shall be continued in full force and effect for such period as the Local Authority is subject to such risk or hazard. Such insurance and bonds shall (1) be payable in such manner,.(2) be in such form, and (3) be for such amounts, all as may be determined by the Local Authority and approved by the Government, and shall be obtained from financially sound and responsible insurance companies. (E) In connection with each policy, including renewals, for fire and extended coverage insurance and for owners', landlords' and tenants' public liability insurance the Local Authority shall give full opportun- ity for open and competitive bidding. The Local Authority shall give such publicity to advertisements for bide as will assure adequate competition and shall afford an opportunity to bid to all insurers who have indicated in writing to the Local Authority their desire to submit a bid and who are licensed to do business in the State. Such insurance shall be awarded to the lowest responsible bidder. The lowest bid shall be determined upon the basis of net cost to the Local Authority. Net cost, for the purposes of this subsection (E), shall mean the gross deposit premium, plus the cost of insurance against the hazards, if any, of assessments, less any anticipated dividend based on the dividend pay- ment and assessment record of the insurer for the previous ten years. Nothing in this subsection (E) shall have the effect of requiring the Local Authority to purchase insurance from any insurer not licensed to do business in the State or to purchase insurance which invo:ven any hazard of assessment unless insurance against such hazard i; avail- able. (F) The Local Authority shall require that each liability insurance policy prohibit the insurer from defending any tort cla on the ground of immunity of the Local Authority from suit. (G) The Local Authority shall submit certified duplicate copies of all insurance policies and bonds to the Government not less than forty-five days before the effective date thereof for review to determine coupliance with this Contract. Unless disapproved by tho Government within thirty days of the date submitted, the policies ar_d bonds submitted shall be considered as approved by the Government. 4 -26- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES W r_ (N) If the Local Authority shall fail at any time to obtain and maintain insurance as required by subsections (A), (R), (C), and (D) of this Sec. 305, the Government may obtain such insurance on behalf of the Local Authority and the Local Authority shall promptly reimburse the Government for the cost thereof together with interest at the Loan Interest Rate. Sec. 306. Procurement In the purchasing of equipment, materials, and supplies, and in the award of contracts for services or for repairs, maintenance, and replacements, the Local Authority shall comply with all applicable State and Local laws, and in any event shall make such purchases and award such contracts only to the lowest responsible bidder after advertising a sufficient time previously for proposals, except: (1) When the amount involved in any one case does not exceed $2 500; or (2f When the public exigencies require the immediate delivery of the articles or performance of the service; or (3) When only one source of supply is available and the purchasing or contracting officer of the Local Authority shall so certify; or (4) When the services required are (a) of a technical and professional nature, or (b) to be performed under Local Authority supervision and paid for on a time basis. Sec. 307. Personnel (A) The Local Authority shall adopt and comply with a statement of personnel policies comparable with pertinent local public practice. Such statement shall cover job titles and classifications, salary and wage rates for employees other than those whose salaries or wages are determined pursuant to Sec. 115 and Sec. 211, weekly hours of work, qualification standards, leave regulations, and payment of expenses of employees in travel status. (B) The Local Authority may charge contributions for participation in a retirement plan for its employees to Development Costs or Operating Expenditures where such plan has been approved by the Government or is required by law. (C) The Local Authority shall maintain complete records with respect to employees? leave, authorizations of overtime and official travel, and vouchers suppo:,`ing reimbursement of travel expense. (D) No funds of any 2roject may be used to pay any compensation for the services of members of the Local Authority. -27- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES V_ Sec. 308. Disposition of Excess Property (A) At the time of the award of the first Main Construction Contract for each Project any real property theretofore acquired in connection with such Project which is not necessary to the development or operation of such Project shall be determined to be excess to the needs of such Project. The Local Authority at any time may determine any personal property, and, with the approval of the Government, any real pre-e*ty, constituting a part of any Project, which is no longer useful or necessary to the development or operation of such Project, to be excess to the needs of such Project. (B) Excess real property shall be sold as soon as practicable at public sale for not less than the fair value thereof, unless other disposition or method of disposition is approved by the Government. The proceeds of any such sale or other disposition of any real property constituting a part of or acquired in connection with any Project, shall be applied as follows: (1) if the property is disposed of before the determination of Minimum Development Cost for such Project, such proceeds shall be deposited in the General Fund as a credit to Development Cost, or (2) if the property is disposed of after the determination of such Minimum Development Cost such proceeds shall be deposited in the Advance Amortization Fund. (C) Personal property shall not be sold or exchanged for less than its fair value. Personal property of the estimated fair value' of $7,(x)0 or more which is to be sold to other than a public body for a public use shall be sold at public sale. The proceeds of any sale of personal property shall be used as follows: (1) if the property is sold before the determination of the Minimum Development Cost of the Project with respect to which such property was acquired, such proceeds shall be deposited in the General Fund as a credit to Development Cost, or (2) if the property is sold after the determination of such Minimum Development Cost such proceeds shall be deposited in the General Fund as an Operating Receipt. If it is determined to replace any such personal property, the Local Authority may reserve such proceeds for the purpose of paying the cost of such replacement: Provided, That any balance of any funds so reserved remaining after the replacement of such personal property and the payment of all costs incurred therefor shall be treated as an unreserved Operating Receipt. (D) For the purposes of subsections (B) and (C) of this Sec. 308, a determination pursuant to Sec. hl5(C) (3) of the amount below which. the Development Cost of any Project will in no event fall, shall con- stitute a determination of Minimum Development Cost. Sec. 309. Books of Account and Records The Local Authority shall maintain complete and accurate books of account and records, as may be prencribed from time to time by the _2g_ MICROFILMED OY JORM MICROLAB CEDAR RAPIDS -DES MOINES Government, in connection with the development and operation of the Projects, including records which permit a speedy and effective audit, and will fully disclose the amount and the disposition by the Local Authority of the loan and annual contributions, or any supplement thereto, the Development Cost of each Project, and the amount of any private or other non -Federal funds used or grants-in-aid made for or in connection with each Project. Such records shall include, among others as may be required, (1) books of account and other fiscal records in accordance with a classification of accounts prescribed by the Government, (2) operation records which shall include applica- tion for admission to, and continued occupancy in, the Projects and the evidence (or notations thereof) used by the Local Authority to verify such applications, and (3) personal property records which shall include an annual inventory of all equipment. Sec. 310. Financial and Operating Statements The Local Authority shall furnish the Government such financial, operating, and statistical reports at such times, in such form, and a , records, statements, and documents all as may reasonablyccompanied by such supporting data, , be required from time to time by the Government. Sec. 311. Access to Records and Projects; Audits (A) The Government and the Comptroller General of the United States, or his duly authorized representatives, shall have full and free access to the Projects and to all the books, documents, papers, and records of the Local Authority that are pertinent to its operations with respect to financial assistance under the Act, including the right to audit, and to make excerpts and transcripts from such books and records. (B) The Local Authority shall not charge as an item of Development Cost or as an Operating Expenditure the cost or expense of any audit with respect to any Project for any Fiscal year unless (1) the Government has approved such audit, or (2) such audit is required by law, or (3) the Government has failed to furnish the Local Authority with a report of its fiscal audit of the Local Authority's books of account for such Fiscal Year within six months after the end thereof and, subsequent to a notice by the Local Authority of such failure, the Government has failed to submit its report of such audit within three months after receipt of such notice. P9 _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4 Sec. 312. Property Included in a Project Each Project shall include (1) all real property or interest therein which is acquired and held in connection with such Project, together with all easements, rights-of-way, and all incorporeal hereditament© thereunto belonging or in anywise appertaining (2) all personal property, tangible and int ' and therein which is acquired and held in connection with or inter, and incluc'ing (but not limited to) equipment and supplies,with such Project, hand and on deposit, reserves, securities, accountareceivabeleon choses in action, leasesp contracts, books of account, records. All such property immediately upon acquisitipapers, and before or after issuance Of the Actual 'Ievelopment Cost Certificate) be subject to the tensa, covenome on (whether by the Local Authority shall boca part of such Project and shall Providedants, and conditions of this Contract: , That if this Contract is terminated with respect to any Project and at such time any other Project or Projects are being administered pursuant to the provisions of this Contract, all reserves and Residual Receipts of such terminated Project accrued to the date of such termination and not theretofore applied to the Purposes of this Contract shall, this Contract, become apart of except as provided in part One of such other Project or Projects and Of this Contract. shall continue to be subject to the tarsal, covenants, and conditions Sec. 313. Covenant Against Conveyance or Encumbrance Unless and until all Temporary Notes, Advance Notes, Permanent Notes, and all other indebtedness of the Local Authority to the s Government aris have been fully ing under this Contract in paid, connection r^ith any project and all Bonds issued in connection with such Project have been fully paid and retired, or monies sufficient for the payment and retirement thereof have, in accordance with the terms Of such nt, tb�een deposited in trust for such purpose with the Fiscal , Local Authority shall lease, mortgage, pledge, or Otherwisee encumber rare convey, assign, transfer, conveyance, assignment, leasi ' permit or suffer other encumbrance of such Project n8, mortgage, pledge, or rent, revenues, income, or racer 0 WV appurtenances thereto, Y with, or any of the benefits or contributions or in colo it there- pursuant to this Contract, or any interest a anted to it by or Provided, That the Local Authorityle any we the same: spaces and facilities in such Projectct (1) lease dwellings end other• Previsions of Sec. 203, or in accordance with fire otherwise dispose of an re(2)al as Provided in Sec. 308 cc or mined to be excess to the needs rofasuchhppreo�ty which Is deter- ject, or (3) to the -30- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 4 extent approved by the Government, convey or dedicate land for use as streets, alleys, or other public rights-of-way, and grant easements for the establishment, operation, and maintenance of public utilities, c•• (h) with the approval of the Government, convey dwelling units to occupants in form prescribed by the Government. Nothing in this Sec. _1'_3 shall be construed as prohibiting (1) the adoption of the Bond Resolutions, or the execution and delivery of any instrument pursuant to Sec. h20, or the creation of any lien or encumbrance in any such instrument, (2) the conveyance of title to or delivery of possession of such Project pursuant to Sec. 501 or Sec. 502, or (3) the operation i of any Project by any person or persons selected by the Local Authority and approved by the Government. H p F C: f' F s n F T. ' r 4 f' h 1, (F� L F 'a { —31— L i; r i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES ARTICLE IV FISCAL P!IOVISIOIIS GOVERNING DEVELOPMENT AND OPERATION Gec. LOI. "moral Depositary Agreement and General Find (A) Promptly after the execution of this Contract, the Local Authority shall enter into, and thereafter maintain, one or more agreements, which are herein collectively called the "General Depositary ,lgreenent," in form prescribed by the Government, with one or more banks (each of which shall be, and continue to be, a member of the Federal Deposit Insurance Corporation) selected as depositary by the Local Authority. Immediately upon the execution of any General Depositary Agreement, the Local Authority shall furnish to the Government such executed or conformed copies thereof as the Government may require. No such General Depositary Agreement shill be terminated except after thirty days notice to the Government. (D) All monies and investment securities received by or held for account of the Local Authority in connection with the Projects, except such monies as are deposited with the Fiscal Agent, or with paying agents for the payment of Temporary Notes pursuant to this Contract, shall constitute the "Genprnl Fund." (C) The Local Authority shall, except as otherwise provided in this Contract, deposit promptly with such bank or banks, under the terms of the General Depositary Agreement, all monies and investment securities constituting the General bind. (D) The Local Authority may withdraw monies from the General Fund only for (1) the payment. of Development Costs, (2) the payment of Operating Ekpenditures, (3) the purchase of investment securities as approved by the Government, (h) other purposes specified in this C ntract, and (5) other purposes specifically approved by the Government. Monies borrnwr:d or otherwise provided to p>.y the Development Crst of any Project nhall be used only for (1) payment of Development Costs of such Project, (2) the purchase in connection with such Project of investment securities as approved by the Government, or (3) other purposes specifically approved by the Government. No withdrawals shall be made except in accordance with a vmicher or vouchers then on file in the office of the Local Authority stating in proper detail the purpose for which such withdrawal is made. -32- MICROFILMED BY 'JORM MICROLAB -CEDAR RAPIDS -DES MOINES V_ (E) If at any time the Local Authority has monies on deposit in the General Furd in excess of its prudently estimated needs for the next ninety days, such excess monies shall be inve::ted in investment securities selected by the Local Authority and approved by the Government. ,"ch securities shall be purchased, held, and disposed of from time to time by the depositary of the General Fund under the terms of the General Depositary Agreement. (F) If the Local Authority (1) in the determination of the Government, is in Substantial Default or Substantial Breach, or (2) makes or has made any fraudulent or willful misrepresentation of any material fact in any of the documents or data submitted to the Government pursuant to this Contract or the Bond Resolutions or in any document or data submitted to the Government as a basis for this Contract or as an inducement to the Government to enter into this Contract, then the Government shall have the right to require any bank or other depositary which holds any monies or securities of the General Fund, to refuse to permit any withdrawals of such monies or securities: Provided, That upon the curing of such default or breach the Government shall promptly rescind such requirement. Sec, 402, Pooling of Funds under Special Conditions and Revolving Fund (A) The Local Authority may deposit under the terms of the General Depositary Agreement monies and securities received or held by the Local Authority in connection with any other housing project developed or operated by the Local Authority pursuant to the provisions of any contract for annual contributions, administration, or lease between the Local Authority and the Government. (B) The Local Authority may also deposit under the terms of the General Depositary Agreement amounts necessary for current expenditures j of any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest: I Provided, That such deposits shall be lump—sum transfers from the j depositaries of such other projects or enterprises, and shall in no event be deposits of the direct revenues or receipts of such other projects or enterprises. The amounts so deposited each month shall not exceed a reasonable and prudent estimate of expenditures for such month with respect to such other projects or enterprises less any balance remaining under the terms of the General Depositary Agreement in connection with such other projects or enterprises. (C) If the Local Authority operates other projects or enterprises in which the Government has no financial interest it may, from time to time, withdraw such amounts as tae Government may approve from monies on deposit under the General Depositary Agreement for deposit in and disbursement from a revolving fund provided for the payment of items chargeable in part to the Projects and in part to other projects or -33- MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES enterer:' -es of the i.nr,r,l Authority: Provided, That all deposits in such revolving fund shall be lump sum transfers from the depositaries of the related projects or enterprises and shall in no evert be deposits of the direct revenues or receipts. (D) The local Authority may establish petty cash or change funds in reasonable amounts, from monies on deposit under the General Depopitnry Agreement. (E) In no event shall the Local Authority withdraw from any of the funds or account:; authorized under this Sec. 402 amounts for the Projects or for any other project or enterprise in excess of the amount then on deposit in respect. thereto. Sec. 403. Development Cost (A) The "Development Cost" of each Project shall comprise all costs incurred by the Local Authority in any or all undertakings necessary for planning, site acquisition, demolition, construction, or equipment, and their necessary financing (including the payment of carrying, charges, but not beyond the point of physical completion), and in otherwise carrying out the development or acquisition of such Project. Development Cost shall include, among other items, (1) approved costs of preliminary surveys and planning with interest on approved loans therefor, (2) amounts approved as relocation payments, (3) the Initial Operating Deficit, if any, and (h) net interest on that portion of the borrowed monies allocable to such Project only for the period ending with the Date of Full Availability of such Project, or such later date as may be approved by the Government. There shall be applied to the reduction of the Development Cost of each Project (1) the net income, if any, received from the temporary use of the site or structures existing thereon at time of acquisition up to the end of the Initial Operating Period, (2) net earnings, if any, up to the DatA of Full Availability from the investment of monies available for the payment of Development Costs, (3) proceeds of the disposition of real or personal property (including any proceeds of demolition) to the extent provided in Sec. 308, and (4) cash donations, if any. No amount representing property or services donated to any Project shall be included in the Development Cost thereof. (B) "Date of Full Availability" with respect to each Project shall mean the last day of the month in which substantially all dwelling units in such Project become available for occupancy. (C) "Initial Operating Period" with respect to each Project shall mean the period commencing with the date of initiation of such Project and ending with either (1) the end of the calendar quarter in which ninety-five percent of the dwelling units in such Project are occupied, or (2) the and of the calendar quarter which is six, seven, or eight months after the Dote of ^ill Availability of such Project, or (3) the end of the calendar quarter next preceding the date of physical completion of such Project, whichever is the earliest. (D) "Initial Operating Deficit" of any Project as of the end of the Initial Operating Period thereof shall mean the amount, if any, by which the Operating Expenditures thereof to such date exceeded the Operating Receipts. - 34- MICROFILMED 4- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L, Sec. hDh. Development Cost Budgets (A) Until such time as a budget of Development Cost (herein c-lled "Development Cost Budget") pursuant to this Sec. ho!: is approved by the Government for any Project, the breakdown of the Maximum Development Cost set forth in the applicable Development Program shall constitute the approved Development Cost Budget for such Project. (B) At the time the Local Authority requests Government approval of the award of contracts for the Main Construction Work of any Project, it shall submit for approval of the Government a Development Cost Budget for such Project which shall be based upon (1) the amonnt of the proposed award or awards, (2) costs and obligations incurred to such date, (3) the estimated amount of costs and obligations not ,yet incurred, and (h) an allowance for contingencies in such amount as the Government may approve. (C) In the event that in the judgment of the Local Authority it appears necessary with respect to any Project to incur Development Cost in excess of the total amount shown in the last previously approved Development Cost Budget for such Project, or that it appears necessary with respect to any of the main classifications of Development Cost to incur costs in excess of the amount shown therefor in the last previously approved Development Cost Budget for such Project plus the share of the allowance for contingencies allocated to such main classification, or if for any other reason the Local Authority deems it advisable, it may prepare and submit to the Government for its approval a revised Development Cost Budget for such Project. (D) Not earlier than six months nor later than twenty-four months after the Date of Full Availability of each Project the Local Authority shall submit for approval of the Government a final Development Cost , Budget for such Project which shall be based upon (1) costs and obligations incurred to such date including a reasonable allowance for disputed, contingent, or unliquidated liabilities, and for legal and other costs and expenses in connection with the settlement of such liabilities, and (2) the estimated amount of costs and obligations not yet incurred for work, equipment, and services deemed necessary for the completion of such Project. No other allowance for contingencies shall be included in such final Development Cost Budget. (E) The Government shall promptly review each proposed Development Cost Budget and notify the Local Authority of its approval or disapproval thereof. If the Government disapproves any proposed Development Cost Budget, the Local Authority shall be so notified in writing and be furnished with a detailed explanation of the reasons for such disapproval. Upon approval by the Government of any Development Cost Budget for any Project such Budget shall supersede all previously approved Budgets for such Project, and the total of such Budget shall thereafter and for all purposes of this Contract be the I-taximum Development Cost of such Project in lieu of the specific amount stated in Part One of this Contract, and 35 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES shall for all purposes of this Contract correspondingly revise the a('gre.- I;Ate ft -imam Development Cost of a_l the Projects as stated in Part One of this Contract: Provided, That at no time shall the total of all D^velopment Cost Budgets or all the Projects having the same. Minimum Loan internst Rate, Maximum Contribution Percentage, and Maximum Number of Contributions exceed the aggregate Maximum Development Cost, of such Projects as specified in Part one of this Contract. !F) The Local Authority shall not with respect to any Project incur costs in excess of the amounts shown in the last previously approved Development Cost Budget for such controlled accounts as may be specified by the Government. SOe. LOS. Actual Development Cost (A) The Local Authority shall, as promptly as possible consistent with the `,aintenance of its rights against its contractors, settle and sac a,l, di,spnted, contingent, or unliquidated items of Development Cost on al.l Projects. (B) irnenover the Local Authority shall be satisfied that all the doveloommt work on each Project has been properl the entire Development Cost on suy completed, and that ch Project (including all items which m+'3' have theretofore been disputed, contingent, or unliquidated) has been fU117 paid, the Local Authority shall submit to the Government for its approval a certificate setting forth the total amount of the Developmont Cost Of such Project (herein Called the „Actual Development Cost"), Ctatingr (1) that all such development work has been completed, (2) that the entire Development Cost or liabilities therefor incurred by the Local Authority have been fully paid, (3) that there are no un- discharged mschanical, laborers', contractors' or material men's liens on such Project on file in any public office where the same should be filed in order to be valid liens against such Project, and (L) that the tiros in which such liens could be filed has expired. Upon approval by the Government such certificate shall be kno%in as the ,Actual Development Cost Cortificate.11 The determination of the amount of the Actual Devolopment Cost contained in such Actual Development Cost Certificate so approved by the Government shall be final and conclusive for all purposes of this Contract. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 4 V;- (C) If the Local Authority shall ui,duly delay in the submission of the Actual Development Cost Certifica,e for any Pro,je,:t, the Government may give notice to the Local Authority that the amount of the Development st of such Project incurred to the date of such notice shall be considered to be the Actual Deve'.­pment Cost of such Project, and such notico shall constitute the Actual Development Cost Certificate for such Project for all the purposes of this Contract. (D) Promptly after the issuance of the. Actual Development Cost Certificate for any Project the Local Authority shall, (1) if such Project is then Permanently Financed, deposit any remaining balanre of the monies theretofore received for the purpose of the development of such Project in the Advance Amortization Fund, or (2) if such Project is not then Permanently Financed, apply any such remaining balance to the payment of outstanding Advance Notes or Temporary Notes issued in connection with such Project. (E) Subsequent to the issuance of the Actual Development Cost Certificate for any Project, no cost for additional development work shall be incurred by the Local Authority without the approval of the Government. In the event that the Local Authority and the Government agree that additional development work is necessary, the Actual Development Cost Certificate shall be amended to include the cost of such additional development work. Sec.hO6. Operating Receipts and Expenditures, Reserves, and Residual Receipts (A) "Operating Receipts" with respect to each Project shall mean all rents, revenues, income, and receipts accruing from, out of, or in connection with the ownership or operation of such Project, from whatever source derived: Provided, That Operating Receipts shall not include (1) any monies received or t e development of such Project, (2) annual contributions pledged for the payment of Bonds and Notes, (3) premiums and accrued interest received in connection with the sale of Bonds or Temporary Notes, (h) proceeds from the disposition of real property, (5) proceeds from the disposition of personal property to the extent provided in clause (1) of subsection (C) of Sec. 308, or (6) the proceeds of claiaxs against insurers or others arising out of damage to or destruction of such Project to the extent provided in Sec. 210. (B) "Operating Expenditures" with respect to -each Project shall mean all costs incurred by the Local Authority for administration, maintenance establishment of reserves (as provided in subsection (C) of thin: Sec. h06j, and other costs and charges (including, but not limited to, paymer..:s in lieu of taxes and operating itlprovements) which are necesn;4ry for the ooarati.on of such Project in such a manner as to provide decent, safe, and s:mitary dwellings within the financial reach of Families of Low Income, and =o promote serviceability, efficiency, economy, and stability: F ^wide That Operating Expenditures shall not include any coats incurred az ,:art of the Development Cost, nor the payment of principal of the Bonds or Notes, nor, unless approved by the Government, interest on the Bonds or Notes. 17 .. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES n (C) The Loca: ;:ut.i:or.ity may k•stablish out of the Operatic:;; c such of the } rn,._ct "nr ::uc'i and maintain in the General. Pund. III rerrrvro. purr,os,•r: Much rear,orcable a ws morts amay be rer,uir•••: ic: n:rdcn, opr:rntion of the Projects and as rflay be approved by Lbr• •';av�•rnme^.L: Providrxl. That no part of the Operating Receipts of :my Project eccrvinq during tine Initial Operating Period thereof hall nr, ucve for esLnblishiu;; any reserve: Provided further, That if this "ontract i:. Lenninatn.i with rrsnccL to nny Project and at such time any other ?rnJect or Projects are being administered pursuant to the orovisi.ons of this Contract, the reserves Authorized herein, including any funds therein Which were derived from the terminated Project, shall, except As provided in Part One of t.}iis Contract, be maintained frir the use and benefit of such other Project or Projects. All amounts for the establiahment of reserves, including all increases or- decrease-; therein, shall be taken into account in the determination of Residual Receipts; and all such amounts, including all increases or decreases therein (except in respect to the reserves authorized by Sec. 210 and Sec. 308) shall be included in the Onersting Budgets. (D) "Residual Receipts" of any Project as of the end of the initial Ooeratiug•Period thereof shall. mean the amount, if any, by which the Operating Receints thereof to such date exceeded the Operating Exr,endiLures. "E esidual Receipts" for all Projects as of the end of any Fiscal Year shall mean the amount by which the aggregate Operating Receipts of all such Projects for- such*Year exceeded the aggregate Operating Expenditures for All such Projects for such Year: Provided, That if the end of the 'Initial Operating Period of any such Project occurred in such, Fiscal Year, the Onerating receipts and Operating Expenditures of such Project during such Initial Operating Period shall be excluded from the computation, except that any Residual Receipts of any such Project es of the end of such Initial Operating Period shall be incluped in the computation. Sec. 407. Onerating Budgets and Control of Operating Expenditures (A) The term "Operating Budget" shall mean a realistic estimate of the Operating Expenditures to be incurred in connection with the prudent operation of any Project during a specified period, broken down according to a classification of accounts prescribed by the Government. (B) Not later than one hundred twenty days before the estimated dat:• Of initial occupancy of any Project, the Local Authority shall submit to the Government for annroval a proposed first Operating Budget for, such Project. Such first Budget shall be prepared on the basis of the first twelve months of oneration after the end of the Initial Operating Period for such Project. Upon approval by the Government such first Budget, unon a prorated basis and With aporopriate sensorial adjustments, shall govern the operation of such Project from the end of such Initial Operating Period to the beginning of the next Fiscal Year. -38- MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES o.arl''er than one hundred fifty diy.,; nor. 1:oter '-an ninety day:: before toe expiration of the F,'scal ,•ar rec! V nnv approvod `yDernting Budget for any Project, the Local. :r,horicy sha11 submit, to the Government for approvel a propot;cri 'rpu r�:.'•:r� �,,�.+,I,et fnr `he next, Fiscal Year for such Proje^t, which upon approv:;l by the (jovernment, shall govern the npernt;,)n of such Project fnr such Fiscel Year, (D) With each submission of Operating Budgets the Local Authority shall submit an estimate of the Accn ing Annual Contribution next payable after the end of the period covered by such Budgets. (E) The Government will promptly approve each proposed Operating Budget, if the plan of operation and the amounts incl.rlud therein are reasonable. Reasonableness of a proposed Operating Budget shall be determined in the light of the necessity for (1) incurring the proposed Opernting 2xpendituros in the efficient and economical operation of the Project for the purpose of serving Families of Low Income in the locality thereof, and (2) limiting annual contributions to the amounts necessary to assure the low -rent character of the Project. If the Government disapprover any proposed Opurating Budget, or approves such Budget with modified amounts, the Local Authority shall be so notified in writing and be furnished with ap explanation of the reasons for such disapproval or modified approval. In the event of modified approval, the Operating Budget, subject to such modifications, shall constitute the approved Operating Budget unless the Local Authority shall elect to consider such modified approval as a disapproval and within fourteen days after receipt thereof so notifies the Government in writing, in which event the modified approval shall constitute disapproval of the Budget. (F) Failure of the Government to notify the Local Authority of its approval, modified approval, or disapproval of any proposed first Operating Budget submitted pursuant to subsection (B) of this Sec. L07 within (1) forty-five days after the receipt thereof, or (2) forty-five days after the last day specified for its submission, whichever is the later, shall constitute an approval thereof. Failure of the Government to notify the Local Authority of its approval, modified approval, or disapproval of any proposed Operating Budget for any Fiscal Year submitted pursuant to subsection (C) of this Sec. 407 within (1) forty-five days after the recoipt of all the Budgets and the estimate of the Accruing Annual Contribution required for such Fiscal Year pursuant to subsections (C) and (D) of this Sec. h07, or (2) forty-five days prior to the beginning of such Fiscal Year, whichever is the later, shall constitute approval thereof. The provisions of this subsection (F) shall nit be applicable to the resubmission of a disapproved Budget, the resubr,_ssion of a modified budget which the Local Authority has elected to cons dor disapproved, or to the submission of a proposed revision of an approved Budget. -39- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4� E It; - The Local. Authority may at :any time rub^d t to the Governn-Mt a ^ noosed revision of any approved Cperating Bue7.et. In such case Lin: nr000sed revision shrill be subject to a 1 of t!.e provisiocs of subs•rction of this sed. h07. (H) The Local Authority shall not (1) at any time after the end of Jho Initial Operating Period for any Project incur any Operating ExpendiLures with respect to such Project except pursuant to ane in accordance vith ;,n approved operating, Budget for such Project, nor (2) during any Fiscal Year or other budget pori)(, incur with respect to any Project expenditures in excess of the amounts included in approved Operating Budgets for Controlled Accounts as may be specified by the Government, nor (3) incur Operating Expenditures for any purpose or in any amount contrary to ony condition or modification imposed by the Government upon any Operating Padget: Provided, That nothing in this subsection (H) shall preclude the incurring of expenditures in emer- gencies where necessary to eliminate an immediate serious hazard to life, health, or safety of the occupants of a Project, and that the amount of any such emergency expenditures shall be reported promptly to the Government and the Operating Budget shall be amended accordii.gly. (I) The Local Authority, at the request of the Government, shall submit consolidated Operating Budgets for two or more Projects, and in such event the provisions of this Contract relating to Operating Budgets shall be applic- able to such consolidated Budgets. Sec. 408. Advances by the Government (A) The Government will from time to time advance monies to the Local Authority on account of the loan provided for Ln this Contract upon a show- ing satisfactory to the Government that there is then need for such monies for the development of the Projects. (B) Each advance shall be evidenced by an obligation duly issued and delivered by the Local Authority in a form satisfactory to the Government, which obligation shall bear interest at the applicable Loan Interest Rate from the date the advance is made, and shall otherwise conform to the follow- ing: (1) Each obligation (herein called "Advance Note") evidencing an advance made for the Development Cost of any Project not Permanently Financed, together with interest on such Note, shall be due and payable on demand. (2) Each obligation (herein called „Permanent Note") evidencing an advance made for the Development Cost of any Permanently Financed Project, togethor with interest on such Note, shall (subject to the right of the Local Authority to pay same in whole or in part at earlier dates) be payable on the first day of the month following each Ann, Contribution Date in annual installments (applicable first to inter,,. and then to principal) equal to the portion of the Fixed Annual Contri- bution allocable to such Dote as determined pursuant to Sec. h15(0 - Each Permanent Note issued to refund or renew other Permanent Notes in —40— MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES whole or in part shall be payab'.e in i.nstallnents equal to the installments payable upon the Notes so refunded or renewed. Fa ch Permanent Note shall further provide that the holder thr:reof may declare such Note to be due and payable in full nt any time (a) when there is any default in the payment of any inrt-+limen: of principal or interest, or (b) when the Local Authority is in :;ubstantial Default or Oibstantial Breach, or (c) upon the termination of this Contract. (C) The Government shall not be obligated to make any advance against delivery df Advance Notes or Permanent Notes: (1) Unless a requisition therefor is filed by the Local Authority accompanied by (a) a signed detailed statement demonstrating the purpose and need at such time for the monies requested and the progress it has made in the development of each Project, and stating the amounts to be used for each Proje,t, (b) a certificate as to compliance with the provisions of Sec. 16(2) of the Act relating to the payment of prevailing salaries and wages, and (c) such other data and documents as the Government may require; or (2) If the total of the advance requested plus the sum of the principal amount of all Advance Notes and Permanent Notes then out- standing and the amount of advances which the Government has agreed to make as security for Temporary'Notes would exceed the Maximum Loan Commitment; or (3) If the Local Authority is then in default under any of the provisions of this Contract; or (4) If any litigation is pending or threatened which would materially affect the development, operation, or financing of any Project; or (5) With respect to any amount or amounts for any Project for which the Local Authority has not demonstrated to the satisfaction of the Government (a) the purpose for which any such amount will be used, or (b) the need therefor at such time, or (c) that such amount is in accordance with the approved Development Cost Budget for such Project, or (d) that such amount is consistent with the rate of progress which the Local Authority has made in the development of such Project; or (6) With respect to any Project, if such Project can-.,, be completed for an amount not to exceed the Maximum Development Cost for such Project. (D) The Government shall not be obligated to mike any ad•.%ncc ainst delivery of Permanent Notes except in accordance with suboect iC) Ser.. W. (C) No Permanent Note may be issued by the Local Authority unless such Note can be fully amortized (both as to principal and interest) by the :•ppii- cation of the amounts and on the dates specified in subsecti.on (B) (2) Of this Sec. LOB. -41- MICROFILMED BY 'JORM MICROLAB -- CEDAR RAPIDS -DES MOINES 4� -.1 • U2 - MICROFILMED BY 'JORM MICRO_ LAB .CEDAR RAPIDS -DES MOINES 4� (i) The Government shill not demand payment of, nor pledge, sell, or otherwise dispose of Advance any Note unless (1) the Local Authority is in Substantial Default or Substantial Breach or (2) the Government has given notice of the termination of this Contract pursuant to Sec. 509. Sec. L09. Temporary Notes (A) At any time +,nd from time to time as the Government may require the Local Authority shrill obtain loans from others than the Government in anticipation of the delivery of Advance Notes or Permanent Notes (a s the case m:y be), which loans shall be•evidenced b y notes of the Local Authority (e -,ch of which is herein called a +Temporary Note,,). In obtaining such loans, the Local Authority shall comply with all the applicr.bir: conditions precedent to the obtaining of advancer from the Government. (B) At the time of del.ivery of any Temporary Note the r such Note (excepting (1) cr , only the amounts referred to in subsectiond(C) of this Sec. h09, and (2) such amounts as shall be used to pay Advance ;jot 5, Permanent !totes, or other Temporary Notes) shall be deposited under the General Depositary Agreement. q tr (C) At the time of delivery of any Tempornry Note issued With in connection any Project which has been Permanently Financed, all amounts paid by the purchasers of 'te such Temporary Notes on account. of (1) accrued interest shall be paid to the Fiscal Agent for deposit in the Debt Service Fund, and (2) premiums shall be paid to the Fiscal Agent )' for deposit in the Advance Amortization Fund: provided That all 1 ++pa r or an• part of such amounts may, the r ' y, wdth approval of the Government, be used to Permanent a�t I pay :Dotes or Temporary Notes issued i.n connection with such Projects. See. Ir10. 13a:,imum Loan Commitment The N.axinum L -an Commitment under this Contract shall at all times be equal to the num of the amoants determined as follows for the respective Projects. For each Project not Pormanently Financed, such amount sha, be either the IWtial Loan Commitment for such Project !c ,r one or such greater amount which the Government, in its ldiscrntiond in rtshall sole agree to advance to a;;.^,ist the development or financing of such Projrct, less the amount of any retirement of Advance Notes or Temporary Ilut^.o for such Proj.et) from funds other than the proceeds of any loran obtnine. by the Local luthority. For each Permanently Financed Project, such amour:;. shall he "":- to the Mr,yimum Development Cost or Actual Development Cost. of such Prnjort, les; '.Im amount of Bonds issued, and less the amount of any retiremen'•. of Perm, ant Notes or Temporary Notes (issued for Project) such from funds ot.l,er than (a) the proceeds of any loan obt.rrincd b;; the Locvl Authority an' (b) amounts applied to the reduction of De:^:oprnen:. :Ost pursuant to subsocti on (A) of Soc. h03. The r4aximum Lean Cor^:n', •-nder this Cor tract Cra' al.I the P c:nt roject•: ; ._ :;cm of th, stall in no event. (:..) L., 'ir.:., p._ncipal annunt of Advance: NOV's, and Permano:.".::0- . • U2 - MICROFILMED BY 'JORM MICRO_ LAB .CEDAR RAPIDS -DES MOINES 4� and the amount of advances which the Government has agreed to make as security for Temporary Notes, nor (b) exceed 90 percent of the sum of the Maximum Development Cost or Actual Development Cost• of the Projects. ;,ec. 1171. Description of Bonds (A) Before offering the first issue of Bonds for sale the Local Authority shall, with the approval of the Government, select a 12 -month period beginning either on a January 1, April 12 July 1, or October 1, which period (as established upon the delivery of the first issue of Bonds) and each succeeding 12 -month period shall be known as a "Fiscal Year." which Fiscal Year shall be applicable to all the Projects. The date to be borne by the first issue of Bonds shall be the date of the beginning of a Fiscal Year or the first day of the first or second month preceding the beginning of a Fiscal Year; all subsequent issues of Bonds shall be dated as of such date or an anniversary thereof. The date as of which any issue of Bonds is dated shall be known as the "Bond Date" of such issue. (B) The Bonds of each issue shall be in such denomination, be payable at such place or places, and be subject to such terms of redemp- tion as may be prescribed by the Bnnd Resolution, and shall otherwise ir all respects conform to the provisions of such Band Resolution. (C) Interest on the Bonds of each issue shall be payable semi- annually. (D) The first maturity of any Bonds of each issue shall be two years after the Bond D,te of such issue, and thereafter Bonds shall mature annually over such period as shall be established pursuant to the Bond Resolutions, but ending, in any event, on the first day of the seventh month after the last Annual Contribution Date for the related Project or Prdjects RS fixed pursuant to Sec. 415 and Sec. 1118. The first maturity of each issue of Bonds shill be in an amount to be agreed upon between the meal Authority and the Government: Provided, That such amount tovether with the interest payable twelve, eighteen, -and months after the Bond Date of such issue shall not exceed the Level Debt Service of such issue. The second and subsequent maturities of each issue of Bonds shall be so arranged that the aggregate payments of principal and interest due in each twelve months period following an Annual Contribution Date will be substantially equal in amount. "Level Debt Service° with respect do each issue of Bonds shall mean the smallest uniform amount (rounded upwa-ds to the next multiple of ten dollars) which when made available on sac)..•nnual Contribution Date (except the Annual Contribution Date which occurs seventeen months and fourteen days after the Bond Date of such issue) will prov +s for the payment of the principal and interest scheduled to bec, Niue w.thin 43 - MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES the twelve months period following each such Annual Contribution Date on the basis that any portion (herein called the "Bond Service Carry_ Over") of such Level Debt Service not needed for the payment of principal and interest in any such twelve months period will be carried over and used to supplement the Level Debt Service in the next and succeeding twelve months periods. Sec. 41.2. Offering of Bonds and Establishment of Minimum Development Cost (A) The Local Authority shall offer and sell an issue of its Bonds to finance the Development Cost of any Project or Projects either separately or through the agency of another public housing agency and at such time, as the Government may require. The Local Authority shall in no event offer or sell any issue of Bonds without the prior approval of the Government. (B) The Local Authority shall sell Bonds in such principal amount, not to exceed the Maximum Development Cost of each Project, as the Govern- ment may require. (C) Prior to the offering of the first issue of Bonds to finance any part of the Development Cost of any Project the Local Authority shall determine and submit to the Government for its approval the amount.below which the Development Cost of such Project will in no event fall. Upon approval thereof by the Government the Local Authority shall offer Bonds for sale in such amount as the Local Authority with the approval of the Government may determine. The amount below which the Development Cost of such Project will in no event fall, as established upon the delivery of an issue of Bonds, shall constitute and be ]mown as the "Minimum Development Cost" of such Project. If the first established Minimum Development Cost of such Project exceeds the amount of such issue of Bonds the Local Authority shall issue a Permanent or Temporary Note or Notes, as funds are required to meet the Development Cost of such Project, in amounts which in the aggregate do not exceed the difference between such Minimum Development Cost and the amount of such issue of Bonds. If at any time it appears that the Development Cost of any Project will exceed the Minimum Development Cost theretofore established for such Project the Local Authority, shall determine and submit to the Govern- ment for its approval a revised amount below which the Development Cost of such Project will in no event fall. Upon approval, of such revised amount the Local Authority shall issue an additional issue of Bonds, or 44 - MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES 140INES L'. ..1 Ya�r- a Permanent NoLc, or .1 Temporary Note for the difierpnr.e betuedn Such revised amount and Lhe ".nimum Lievelupmen•. Cost .horet.ofnro established, and upor, del very of such i3,n,i;, ?emaanent Note, or Temporary Note such revised amount st •'11 L'sroafter con.ntitute the Mini"im Gevolopment Cost of rich urnjnc L. �tl) A'• such time as the Government may require the Inc�,l Authority, in order to reflmd, -in whole or in part, ^ tmt,mding .:dreiro flntas, Permanent Notes, or Tempornry Note:;, t shall offer and sell an issue of Bonds for :;uch purpo:;e. L^ (E) ;nch issue of Bonds shall be sold at public sale unless otherwise determined by the Intal Authority and approved by the Government. (F) Prior to the offering of each issue of Bonds the Local Authority s1a11 submit to the Government for its appro•ril the forms of proposevi :3ond Resolutions, advertisements, explanatory literature, and other documents to be made available to prospective purchasers of such 3nnds. Promptly after the award of such Bonds S the Loc -•l Authority shall furnish the Government a complete 6 transct`ipt, of the proceedings and documents necessary to evidence the validity thereof. (G) At such time as the Government may require, the Local Authority shall issue its Permanent Note to establish and Finance the Minimum Development Cost of any Project in lieu of the issuance of Bonds for .such purpose, Upon the delivery of such Note to the Government in respect to such Project the Project shall, for the G purposes of Secs, h15(B) and 1t16(c)(3), be considered to be Permanently Financed by an issue of Bonds bearing a Bond Date not g later than seventeen months and fourteen days prior to the Annual Contribution Date next following the Fiscal Year in which such Note i is delivered to the Government. i i -45- I i i j MICROFILMED OY JORM MICROLAB CEDAR RAPIDS -DES Ii01NES '•A) in corvect'_C;^ +.. :!+ ^ach i!;sut of kends, the Lo,:al i .•i lr ^.hal.'adopt appropriate resolutions or oidirances appr.,vo! T,: U,•: Gov- crnmer•L (h,refn -ailed the "Bond Resolu Liun:;"), 1;;; such, (fund lac:;utu_ ti o•m M:c Local Authority, rxmong other provis.luns, shaii: !I) Ratify the offerinf{ of such issue of B�ndst (^) Authorize such issue of Tronds in Litt apq;rc;;ate prim:ilxtl •••+mount to be sold pursuant to the offering; (3) 1•stabli.nh (a) the interest to be borne by such Issuc of Tv•nds, and (b) a nchedW e showing (i) the maLuritie, of the Bonds and (ii) the amount of the Bond Service Carr;, -Over for each year; (4) Designate a bank (herein called the "Fiscal ACent") which shall have trust powers, and shall be and continue to be a member of the Federal Deposit Insurance Corporation; (5) Provide for the establishment of a trust fund (herein called the "Debt Service Fund") with the Fiscal Agent I'or the re- ceipt, deposit, and disbursement of the annual contributions and other monies in connection with the Permanently Financed Projects as provided in this Contract; and (6) Provide for the establishment and maintenance of a fund (herein called the "Advance Amortization Fund") with the Fiscal Agent for the receipt, deposit, and disbursement of monies in con- nection with Permanently Financed Projects, as provided in this Contract. (B) Prior to the delivery of the first issue of Bonds the Local. Authority shall enter into, and thereafter maintain, a fiscal agency, agreement, in substantially the form prescribed by the Government. Immediately upon the execution of such agreement the Local Authority shall furnish the Government such executed or conformed copies thereof as the Government may require. (C) The Fiscal Agent named in the Bored Resolutions in connectioh with the first issue of Bonds shall also be named as Fiscal Agent in all subseouent Bond Resolutions, and shall administer the Debt Service Fund and the Advance Amortization Fund. The Local Authority shall require the Fiscal Agent to furnish the Government such reports and other data relating to accounts under this Contract as may reasonably be required: by the Government. Sec. 414. Deliver; of Bonds (A) Delivdry of (which shall include payment for) each issue ut' Bonds shall be made at the gime and place i'ired pursuant to the termn of the offering. (B) At such time all amounts paid by the purchasers of the Bac, on account of accrued interest sha 1 be paid to the Finr:al Afcnt for deposit in the Debt ;err.ce Fund, and all amounts paid on arr:uunt or premiums shall he paid to the Fisc::.l A;icnt for ecposit. in tho Advance Amortization Fund or with the uppr•,val of the Government used fur the repurchase of Lours. 4 —h6— MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES (C) :a such time, and as a conc_tion precedent to the delivery Of such Bonds, the Local Authority 91 -all deposit, or cause to be ae- positod, from the proceeds of the Bonds (or from any other monies of the Local Authority, including monies available for such purpose pursuant to subsection (I) of Sec. 415) with the Fiscal Agent in the Debt Service Fund an amount equal to (1) the interest on such issue of Bonds becoming due and payable six months after the Bond Date of such issue, less (2) any portion thereof deposited in the Debt Service Fund an account of accrued interest, and less (3) any amount which may then be on deposit in the Debt Service Fund for such purpose. (D) At such time, and as a condition precedent to the delivery o. such Bonds, the Local Authority shall advance, or cause to be advanced, from the proceeds of the Bonds (or from any other monies of j the Local Authority) to the Fiscal Agent for deposit in the Debt Service Fund an amount equal to (1) the interest on such issue of Bonds becoming duo and payable twelve months after the Bond Date of such issue, lass (2) any portion thereof deposited in the Debt Service Fund on account of accrued interest. The Local Authority shall at a later date be reimbursed by the Fiscal Agent for such advance in accordance with subsection (F) of Sec. 416. (E) At such time the Local Authority shall pay, or cause to be paid, from the proceeds of the Bonds (or from other monies of the Local Authority) the principal of and interest on all outstanding Advance Notes, Permanent Notes, and Temporary Notes to the extent that the principal of such Notes includes an amount for any part of the Develop- ment Cost financed by such issue of Bonds. (F) Upon the delivery of the first issue of Bonds to finance any part of the Development Cost of a Project, such Project shall be considered to be "Permanently Financed.[' (G) If, at the time of the delivery of an issue of Bonds, the Local Authority does not have monies available to advance to the Fiscdl Agent for deposit in the Debt Service Fund in an amount equal to (1) the interest on such issue of Bonds bertrring due and payable twelve months after the Bond Date of such issue, less (2) any portion thereof deposited in the Debt Service Fund on -account of accrued interest as required by Sec. 414(D) the Government shall advance on account of the loan herein provided for an amount equal to such deficiency. Such advance shall be made and deposited in the manner prescribed in Sec. 414(D) but shall not be included in the amount of the Minimum Develop- ment Cost of any Project. The Fiscal Agent shall,on behalf of tF.; Local Authority, reimburse the Government for such advance at the ;:cz and in the manner as is provided for reimbursement of similar adva. is to the Local Authority pursuant to Sec. 416(F). Such advance shrll bear interest at the Loan Interest Rate and ouch interest shall be p 'd from Operating Receipts as an Operating Expenditure. -47- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Sec. h15. Annual Contributions (A) The Government (1) shall make annual contributions to the Local Authority for each Permanently Financed Project and (2) may, in its determination, make annual contributions to the Local Authority for each Project which is not Permanently Financed, as provided in this Sec. lily. The date upon which each annual contribution is pay- able (except the first annual contribution with respect to a Project not Permanently Financed which may be made available as of the Date of Full Availability of such Project) shall be !morn as the "Annual Contribution Date." If the Annual Contribution Date is not specifi- cally set forth in Part one of this Contract such Date shall be the fifteenth day of the fourth, fifth or sixth month of the Fiscal rear as determined by the Government. (B) The first annual contribution with respect to each Permanently Financed Project shall be due and payable on the Annual Contribution Date which is seventeen months and fourteen days after the Bond Date of the first issue of Bonds issued to finance any part of the Development Cost of such Project. The first annual contribution with respect to each Project which is not Permanently Financed may be made available as of the Date of Full Availability of such Project and shall be determined in accordance with subsection (C)(4) of this Sec. 415. If the first annual contribution with respect to a Project is mnide avail- able as of the Date of Full Availability of such Project, the second annual contribution with respect to such Project may be made on the Annual Contribution Date which occurs not less than twelve months subsequent to the Date of Full Availability of such Project. Subject to the provisions of subsection (K) of this Sec. 415, subsequent annual contributions shall be due and payable on each Annual Contribution Date thereafter. (C) On each Annual Contribution Date the Government shall pay (subject to reduction as hereinafter in this Sec. 415 provided) an annual contribution for each Project with respect to which an annual contribution is then payable. The sum of the amounts of each such annual contribution shall be !morn as the "Fixed Annual, Contribution." The amount of the Fixed Annual Contribution shall be equal to the sun of the Level Debt Services of all unmatured issues of Bonds, bearing a Bond Date not later than seventeen months and fourteen days prior to such Annual Contribution Date, as specified in the applicable Bond Resolution, plus an amount or amounts allocable to Permanent, Advance, or Temporary Notes, as follows: (1) With respect to each Project Permanently Financed by an issue of Bonds equal to the Minimum Development Cost first established for such Project, an amount, as determined by the Government, which if applied annually at the interest rate (ad- justed to the nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to the unamortized portion of the Minimum Development Cost of such Project which exceeded as of the last day of such Fiscal Year the principal amount of such issue of Bonds would fully amortize such portion not later than the first day of the month following the last Annual Contribution Date for such Project; and -h8- MICROFILMED OY JORM MICROLAB CEDAR RAPIDS -DES MOINES ..iti: respect to each Projec. yirarccd b•/ an issme oiPonce in an amount less than the amour'. nr L'ne Minimium Development Cost first established for such i'rujcct, an amount equal. t•, (1) the applicable Minimum Loan Interest ifate times the amount 1r-✓ which the Minimum Development Cost as first established for nuch Project exceeds the principal. amount o,r :;uch 1^.cue of Bonds, :lus (it) an amount, or, determined by the Government, which jl applied annually at the inters!s mgrs: (ad,justed to the nearest ore -eighth of one percent) cha:•i;ed the Local Authority Burin;-, tine next preceding{ Fiscal Year in rear, cet to the portion of the Minimum Development Cost of such Project whir:h exceeds as of the last slay of such Fiscal Year the Minimum Development Cost an first established for such Project would fully amortize such portion not later than the :'first day of the month follow- ing the, last Annual Contribution Date for surh Project; and (iii) commencing on the Annual Contribution Date next following the las!, maturity date of such issue or Bonds, the amount of the Level Debt Service of such issue of Bonds; and (3) 'lith respect to each Project financed by a Permanent `tote it lieu of Tiords, an amount, as determined by the Government, which if applied annually at the interest rate (adjusted to the nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to the unamortized portion of the Minimum Development Cost of such Project which exceeded as of the last day of such Fiscal Year the Minimum Devel- opment Cost as first established for such Project would fully amortize such portion not later than the first day of the month following., the last Annual Contribution Date for such Project; and (lr) With respect to each Project which is not Permanently Finan•:cd, an amount, as determined by the Government, which if applied annually at the interest rate (adjusted to the nearest one-e;,,hth of one percent) charged the Local Authority during the nr.xt precedinG Fiscal Year in respect to the umamortized portion of that figure determined by the Government to be that bclo•,; •.Jliich the Development Cost of such Project will in no event rall would full;• amortize such portion not later than the first day of the :month followinL the last Annual Contribution Date :or such Projeet. Upon delivery of an;; issue of Bonds. to refund Permanent, Advance Tcrrq,�rLry Rotes, the amount (W the Luvel. Debt Gcrv].ce yr such 15SI:L o;' Bonds sha]] he in lieu of thu portion of the Fixed g`uuncrl Contribut n ullc cable t•-� such :iotcs whuther pursuant to clause (1) (2) (31, u• lir ) above. Ais,thin;, in this Contract: to the contrary noLwil-hotandinf; the Fixc•] Annial Contribution for all Projects shall not exceed the '.c of (a) the applicable Maximum Contribution Percentage oi' the IL ectaiaisi e,! Minimum Develop:aent Cost for cash Pcrm;meetly Firr:rnce-: Pro.lev, pl is (b) the apillk. rble :.axiran Contribatl..m j or •cnta,;e oi' ( ] ) t ie ur+,',u:). !otcrmined fir; tl, • Govcrnrncrt to be that i,ca.ra which tare Dcvc'o;::r.rait. ^ost -a l.] in no event: !'a]1., or (;i) th" A!•tuul. st, a:; _•,..^.r, ma,' 'c, r_ac',. Pruj�,Ct w'r!L•l: +:. •rnuiru 4__ - 0 - j MICROFILMED BY JORM MICROLAB 'CEDAR RAPIDS•DES•MOINES (D) On each Annual Contribution. Date the actual amomt o' '.I:e annual contribution to be paid (herein called the "Accruing; Anraal Contribution") shall be an amount equal to the Fired Annual. Cnntr;butIun less (1) the amount then on deposit in the Debt Service Fiuid for the reduction of annual contributions pursuant to subsection (C) or :;ec. 416, and (2) any amount then un deposit in the Debt Service Pond, pur- suant to subsection (B) of Scc. 414, on account of into"est uccrried on any issue of Bonds after a date which is six months after the Dond Date of sud. issue. (E) Tne Government, notwithstanding any other provision of this Contract, may make payment of any Accruing Annual Contribution in rcid- annual installments as follows: (1) the first installment shall he paid on the Annual Contribution Date in the amount, if any, b; which �a) the Accruing Annual Contribution exceeds (b) the amount of pri.ncilrtl and interest which will become due and payable on the next i'ollowin;, acniver- sary of the Bond Date on all Bonds outstanding at the end of Lhc pre- ceding Fiscal Year and which bear a Bond Date not later than :;uvcntocn months and fourteen days prior to such Annual Contribution Datta; (2) the balance of such Accruing; Annual Contribution shall he paid on the date six months after such Annual Contribution Date. (F) At least thirty days prior to each Aumual Contrib:t;on Date, the Fiscal Agent shall file with thu Government a report showing, the amount of each deposit made into the Debt Service Ftmd since the next preceding Annual Contribution Date and the balance in the DcbL :,ervlcc Fund as of the date of such report. (G) At least fifteen days prior to each Annual Contribution Date, the Local Authority shall file with the Government a requisition and voucher for the payment of the current Accruing Annual. Contribution. (II) Except as otherwise provided. in. subsection (I) and (.i) of this Sec. 415, the Government shall pay each Acc--ihing; Annual Contribution, or installment thereof, to the Fiscal Agent for deposit in thu Debt , Service Fund. The Governmeni; at the time or such payment, slia.1i f ,rnich to the Local Authority and to the Fiscal Agent a statement showing In detail and with appropriate explanations) the amount of the Aucruin,� Annual Contribution, and the method hy.which the Accruing Annual. Contri- bution will be paid. Each such statement shall include a ,schedule showing on the basis of information available to the Government., the distribution to be made of the funds in the Debt Service Ftiund pursuant to Sec. 416. (I) On each Annual Contribution Date on which any Permanent, Advance, or Temporary Notes issued in connection with an:., Projcct with respect to which an annual contribution is then payable reinain outstanding; and until full repayment, with interest at the applicable Loan Interest Rate, of all expenditures, if any, made by the (k•vernment in connection with any such Project pursuant to Sec. 505 hereof, such portion of the Accruing Annual Contribution, which if deposited in thr Debt Service Fund would (together with the monies then on deposit in said Fund for the reduction of annurl contributions pursuant to thin Contract plus the amount of the ser.-)nd installment 'If' any, o:' such Accruing, Annual Contribution) exceed the sum of (lj an aroung.o;qunl — 50 — I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L", to the principal and interest becoming due and payable during the twelve months period following such Annual Contribution Date on each issue of Bonds bearing a Bond Date not later than seventeen months and fourteen days prior to such Annual Contribution Date, plus (2) an amount equal to the aggregate Bond Service Carry-Over required to be on deposit in the Debt Service Fund on the next succeeding Annual Contribution Date, may be withhold by the Government, and applied to the full extent thereof; First, to reimbursement of the Local Authority for any advance (not there- tofore reimbursed) made pursuant to Sec. 414(D)j and Second, to the pay- ment of interest and principal of such Notes and the repayment of such expenditures in proportion, with respect to each such Project, to the applicable portion of the Fixed Annual Contribution determined pursuant to-clauses (1), (2), (3), or (4) as the case may be, of Sec. 415(C): Provided, That any amounts which would otherwise be applied to the pay- ment of-principal under the aforesaid Second order of preference may be withheld (for not more than twelve months) and be used for the payment of interest on any Bonds which may be subsequently issued to refund such Notes and expenditures. (J) When monies sufficient for the payment and discharge of all Bonds have been deposited with the Fiscal Agent in trust for such purpose, Accruing Annual Contributions, Residual Receipts, and monies otherwise pay- able to the Debt Service Fund shall be applied, as approved by.the Government, to the payment of the. Notes and expenditures and in the � proportion as prescribed in subsection (I) of this Sec. 415. Monies so applied by the Local Authority during the twelve months period pre- ceding each Annual Contribution Date which, except for the provisions of this subsection (J), would have been on deposit on such Annual Contribution Date in the Debt Service Fund for the reduction of annual contributions, shall be deemed to have been on deposit in the Debt Service Fund on such Annual Contribution Date for the purpose of sub- section (D) of this Sec. 415. (K) No Accruig Annul by the Government pursuantatoCthis Contract inlan abe mountaidoinmexcess ofde ane amount which together with all monies then on deposit in the Debt Service Fund will be sufficient to fully pay and retire the outstanding Bonds, Permanent Notes, Advance Notes and Temporary Notes issued in connection with all Projects with respect to which annual contributions become pay- able and to repay, with interest at the applicable Loan Interest Rate, all expenditures made by the Government in connection with the develop- ment of such Projects pursuant to Sec. 505 hereof. The obligation of the Government to pay or make available annual contributions purcar7t to this Contract with respect to any such Project shall terminate sfien (1) all such Bonds and Notes issued in connection with such Project have been fully paid and retired, or when monies sufficient for the payment and retirement thereof have been deposited in trust for :;uch purpose in accordance with the terms of such Bonds and Notes, : ' (2) all such expenditures, with interest thereon, by the Government i., connection with such Project have been fully repaid. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4� 414. Dent Service Fund (A) Upon the delivery of any issue of Bonds, there shall be deposited in the Dcbt Servi.ce Fund the amounts required pursuant to scbsuetions (B), (C), and (D) of Sec. 41h. (3) Upon the delivery of' any Temporary Note issued in connection witn any Project which has been Permanently Financed, there shall, ex- cept as otherwise approved by the Government, be deposited in the Debt Jcrviec 'jnd any accrued interest pursuant to subsection (c) or .-,cc. 409. (C) within sixty days after the end of each Fiscal Year, the Local Authority shall deposit in the Debt Service Fund for the reduction of anr:ual contributions; (1) All Residual Receipts (not theretofore deposited in the Debt Service Fund or applied as provided in subsections (I) and (J) of ;;ec. 415) of all Projects; (2) The amount of the interest on each issue of Bonde bearing a Bond Date not later than seventeen months and fourteen days prior to the Annual Contribution Data next following, the end of nuch Fiscal Year, which accrued during such Fiscal Year atter (a) the date which is six months after the Bond Date of each such issue of Bonds or (b) the date of delivery of such issue, whichever is the later, up to (a) the Date of' Full Ava;lability of the Project financed by such issue or (b) tl;e end of such Fiscal Year, which- ever is the earlier; and (3) The amount of any unpaid interest, on Permanent Notes and Temporary Notes issued in connection with any Project which was Permanently Financed on or before the last day of such Fiscal Year by an issue of Bonds bearing a Bond Date not later than seventeen months and fourteen days prior to the Annual Contribution Date next following the end of such Fiscal Year, up to (a) the Date of Full Availability of such Project or (b) the end of such Fiscal Year, whichever is the earlier. Upon the occurrence of the event specified in subsection (C) of Sec. 417, deposits shall he made into the Debt Service Fund for the reduction of annual contributions as provided in such subsection. (D) Upon receipt from the Government of each Accruing Annual Contri- bution or installment thereof, such amount shall be deposited in the Debt service Fund. (E) On each interest payment date of the Bonds the Fiscal Agent shall, out of the Debt Service Fund, pay the principal and interest maturing; on the Bonds. (F) On the first day of the month next after each Annual Contri- bution Date the Fiscal Agent shall, out of the Debt Service Fund, reim- burse the Local Authority for any advance (not theretofore reimbursed) mane pursuant to subsection (D) of Sec. 414 on account of interest on .scucs of Bonds bcarin, a Bond Date not later than seventeen munLhs and !'ocrtucv days prior to such Annual Contribution Date. - 52 - MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 4� (G) On the first day of the month next after each Annual Contri- butiou Date the Fiscal Agent, after (1) paying (or making provision for the payment of) all Bonds and Bond interest which have then become due and payable or will become due and payable on the next succeeding nnaiversary c' the Bond Date, (2) reimbursing the Local. Authority for advances as provided in subsection (F) of this Sec. 416, and (3) making provision for the Bond Service Carry -Over, shall, unless otherwise approved by the Government, apply .the balance in the Debt Service Fund in the following order: First, to the payment of interest and principal of the Notes and repayment of the expenditures in the same manner and to thesame extent as prescribed in subsection (I) of Sec. 415; and, Second, to transfer to the Advance Amortization Fund. In laking provision for the paynt of i the Bonds and Bond interest which will become due on the next succeedding anniversary of the Bond Date and for the Bond Service Carry -Over, the Fiscal Agent shall consider the second installment, if any, of the Accru- ing Annual Contribution as if it had actually been paid on the Annual Contribution Date. Sec. 417. Advance Amortization Fund f(A) There shall be deposited in the Advance Amortization Fund the following; (1) Bond premiums as provided in subsection (B) of Sec. 414, ( (2) Temporary Note premiums as provided in subsection (C) of Sec. 409, (3) proceeds of the disposition of real property to the extent provided in subsection (B) of Sec. 308, (4) amounts transferred from the Debt Service Fund as provided in subsection (G) of Sec. 416, (5) proceeds of claims against insurers and others arising out of damage to or destruction of any Project to the extent provided in subsection (E) of Sec. 210, and (6) amounts transferred from the General Fund pursuant to subsection (D) of Sec. 405. (B) The Fiscal Agent shall as rapidly as possible apply all monies deposited in the Advance Amortisation Fund, as directed by the Local Authority with the approval of the Government, (1) to the payment of interest of the Notes and the repayment of expenditures in the same manner and to the same extent as prescribed in subsection (I) of Sec. 415, (2) to the purchase, at not more than the cost of redemption, of any outstanding Bonds, and (3) to the redemption of any outstanding Bonds on the terms provided in the Bond Resolutions. All Bonds purchased or redeemed by or on behalf of the Local Authority shall be immediately cancelled and shall not be reissued. (C) In the event that, sixty-one days after the end of any Fiscal Year, it appears that the balance then on deposit in the Advance Amo S- zation Fund, together with all monies then on deposit in the Debt Service Fund and together with a Fixed Annual Contribution, would be sufficien' to fully pay and retire the outstanding Bonds, Permanent Notes, 'v:nco Notes, and Temporary Notes issued in connection with Projects wi k respect to which annual contributions have then become payable and to repay, with interest at the applicable Loan Interest Rate, all expendi- tures made by the Government in connection with the development of such Projects pursuant to Sec. 505 hereof, the Fiscal Agent shall on such -53- MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES date deposit in the Debt Seriice Fund for the reduction of annual contributions the balance then remaining in the Advance Amort.i ration Fund. Thereafter no further deposits shall be male in the Ad•.nncc Amortization Fund, and any deposits which would, except for tris; subsection (C), be made to the Advance Amortization Fund shall be made to the Debt service Fund for the reduction of annual contributions. 3cc. 418. General Limitations on Annual Contributions (A) Notwithstanding any other provision of this Contract, not, more than one annual contribution for each year of the b.ayimum Contri- bution Period of any Project shall be paid or made available b;; the Government for such Project; nor shall any such annual contributions be paid or made available for any such Project subsequent to the end of the Maximum Contribution Period of such Project. (B) The maximum sum which may be paid or ovule available as annual contributions pursuant to this Contract in any one year rhall. not exceed the Fixed Annual Contribution determined pursuant to subsection (C) of Sec. 415. (C) The Local Authority shall certify as to compliance with the provisions of Sec. 16 (2) of the Act relating to the payment of prevail- ing salaries and wages prior to the payment of each annual contribution (D) No annual contribution shall be paid or made nvail:tbl.e by the Government for any Project (except as provided in subsection (B) of Sec. 504) unless such Project is exempt from all real and personal property taxes levied or imposed by the State, city, county, or other political subdivision. (E) No annual contributions shall be paid or made available by the Government for any Project (except as provided in subsection (B) of Sec. 504) in the event of the acquisition of such Project by a third party in any manner including a bona fide foreclosure under a mortgage or other lien. Sec. 419. Pledge of Annual Contributions and Residual Receipts (A) The amounts required by subsections (B), (C), and (D) of Sec. 414 to be deposited in the Debt Service Fund upon delivery of each issue of Bonds on account of the interest on such issue of Bonds which becomes dun_ and payable six months and twelve months, respectively, from the Bond Date of such issue shall be pledged to the payment of such interest. (B) The Accruing Annual Contribution which is due and payable on each Annual Contribution Date (including the second installment thereof if any) together with (1) the Residual Receipts as of the end of the next preceding Fiscal Year for all Projects, (2) the aggregate Dond Service Carry -Over, if any, required to be on deposit in the Debt Service Fund on such Annual Contribution Date, and (3) all other amounts required to be deposited in the Debt. Service Fund for the reduction of annual contributions during the twelve months period endin,; with such Annual Contribution Date, shall be pledged as follows; 4 -54- i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES V,-. cella'- to the ('? ;•*� :e:nuunt prire:ipnl ti:: in'e•rr_st her. i - oT- _n;; d::c and iayui:].e rdurjnL; t:nc twelve ,nonths such Ann•Ial f:ontribution Date on each is:;ue of Burin:: iv:grin+• a f Bird Date not-• ]rater than seventeen month:: an,!fourtc•cn prior to such Annual Contribution Date 'hall he pd •,!; .ed ror t!ie pav:ncr.t u:' such principal and interest; (-') An amount eeual to the a�grel;ato Ik�r,d (I�:r••dce C:u•rp- Over re.;uf.red to he on deposit in the ,)cbt ;:crv'i.cr. 1•Lnd �,,, the next SUIacecding Annual Contribution Date shall be nlydgeci fpr the purpose of providinc, such Carry -Over; and ( (3) An amount equal to the sum of the ,portions of the ! Fixed Annual Contribution as determined pursuant Lo clauses t (1), (:')r (3), and (4) of Sec. 415 (C) shallbe pledl;ed for the raymer.t 01' the interest and principal of tic Purmanent Notes, Advance Notes, Temporary Notes and rcpa;,pnenl. of expandi.- t•urcimadc by the Government pursuant to Sec. 505 in connection with PrO,lects with respect to which annual contributions have then become payable. (C) Neither the annual contributions to be made available by the Government hereunder nor the Residual Receipts of the Projects shall, 'without the approval of the Government, be pledged for any purpose other than as specifically provided in this Contract. Sec. 420. ;•lortGa;;e and Declaration of Trust (A) Ench Advance Note and each Permanent Note issued in connection with any Project shall be securers, to the extent authorized or permitted by law, by a mortf;age, deed or trust, or other equtvalcnt lien upon such Project. (B) Promptly upon the acquisition of the site of any Project the Local Authority shall execute and deliver an instrriment (which may be in the fora of a declaration of trust, a trust indenture., or such other document as may be approved by the Government), conftnninl_ and further evidencing, anion;; other thin, -r, the covenant of the Local Authority not to convey ur encumber the Projects except as in this Contract expressly authorized, and shall cause such instrument and all mncndnents thereof to be duly recorded or filed for recons wherever necessary to due Public notice of the provisions thereof and to protect the rights and inl••rests of the Guvernment and of the holders from time to time of any of the Fonds. The Local. Authority shall furnish the Government a+ ro date evidence that such recording or filinG has been dully effected in :.:•crdancc .with the provisions hereof. From time to time as adrli Lional real p opert.y Eis acquired by the Local. Authority in connection with the Pro„eats c Local. Authority shall. promptly amend such instrumrna to i.nrorporr,+;c nil sockb real;.r�perty under the terms thereof and aha].1 crnisc sorb insl.: -vent as ame•Zdc,; t,) lie recorded 2' filed for recon: as al'orenaid• -55- L,. 4 j MICROFILMED BY JORM MICROLAB ,,CEDAR RAPIDS•DES"MOINES Sec. 421. Fe:'arnttng of Bonds The local Authority may, *with the approval of the Government, refund. any outstanding issue of Bonds upon such terms and c:mditions as may be mutually agreed upon between the Local Authority and the GuvernmenL. =• 422: Prohibition of Other Loans 'ine Lccal Authority shall not, without the approval of the Govern- ment, obtain, from any source whatsoever, any loan in connection with t1:r. ;"'oje:ts other than those specifically P / provi.ded for under this Sunt:••,ct. f '-cc- 423• Faith of the United States Pled. -cd to Payment of Annual rontribntiuns I As set forth in the A --t, the faith of' the United States is solemnly pled;;ed to the payment of all annual contributions contracted for in this .'ortract, and by the provisions of the Act there is authorized to be approprinte(I in each Federal fiscal year, out of any money in the Treasury of the United. States not otherwise appropriated, the a::tout)ts ncccssar; to provide 'or such payment. E -56- I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES•I40INES 4� �--s — - I — - . .. - Article v DEFAULTS, RREACRES, REM FS, AND GENERAL PROVISIONS mac• 501. Conveyance of Title or Delivery of Possession in Event of Substantial Default Upon the occurrence of a Substantial Default (as hereinafter in Sec. 506 defined) in renpect to the covenants or conditions e which the Local Authorityis i shall, at the o ave act hereunder, the Local Authority +; ption of the Government either (a) convey to the Government title to the Projects as then constituted if, in the determination of the Government (which determination shall be final and conclusive), such conveyance of title is necessary to k achieve the purposes of the Act, or (b) deliver possession to the Government of the Projects as then constituted. r Sec. 502. Delivery of Possession in Event of Substantial Breach b Upon the occurrence of a Substantial in Sec. 507 defined) in respect to the covenants (as chereino retro which theor Local Authority is subject hereunder, the Local Authority shall, upon demand by the Government, deliver possession to the k3 Government of the Projects as then constituted. I 503 Sec- . Reconveyance 1 yenta or Redelivery (A) If the Government shall acquire title to or possession of the Projects pursuant to Sec. 501 ur Sec. 5oz, the Government P shall reconvey or redeliver possession of the Projects, as con- stituted at the time of such reconveyance or redelivery, to the { Local Authority (if it then exists) on to its successor (if a {( successor exists at the time of such reconveyance or such redeliveryl as soon as practicable: (1) after the Government shall be satis- fied that all defaults and breaches with respect to the f have been cured and that the Projects will, in order he Projects the Purposen of the Act, thereafter be fulfill the terms of this Contract; or (2) efterptheted innationaccor ofcf} with j obligation of the Government to make annual contributions avail - I able unlesr> there are any obligations or covenants of the Local Authority to the Governmenta which are then in default. � the Local Authority thereco or redelivery of the Projects tc 1 Government shall account which it ban received or expended in connection for all. monis I therewith. If -:7- i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES �11— • jec'. ,,. r:ov,.,..iRinnSh ., r'endr-. :n Of , :h.'v­Ionment or improvement of the i'rojec'.s, ;h'• Au- th,. '. irm• of the reconveyanc r: o:• rudra!ivery of '.h•• Pr .,. pa_v to '.he rovernment the nmounl. o1' any such r•rrn•miil.ur•e:: wi;'i:' i:'.c'r' :L ,hereon at the apalicable Lan Interest Rate to the exL:•n1. brat Vr! Govrrrimwo, has not tllnr•etofore been rn n reimbursed for such aaaat. or ir.terer,: Provid�rd, That if the obligation of the Governmr•nL Lo voke a:vrua'. r.••ntribution under this Contract has not terminated and i1' any portion of the amount which the Local Authority is obligated to lwy to the Government uoon such reconveyance or redelivery constitutes Dovelon- ment Cost, the Government shall accent, in lieu of payment in cash, an Advance Note or Permanent Note for such oortion. (C) No conveyance of title and reconveyance thereof, or delivery of possession and redelivery thereof, shall exhaust the right to require a conveyance of title or delivery of possession of the Projects to the Government pursuant to Sec. 501 or Sec. 502 upon the subsequent occurrence of a Substantial Default or a Substantial Breach, as the case mny be. Sec. 504. Continuance of Annual Contributions (A) The Government hereby determines that Sec. 501 and Sec, '503 of this Contract include provisions that are in accordance with subsection (a) of Sec. 22 of the Act. (B) Whenever the annual contributions, pursuant to this Contract, have been pledged by the Local Authority as security for the payment of the principal and interest on the Bonds or other obligations issued pursuant to this Contract, the Government (notwithstanding any other provisions of this Contract) shall continue to make the annual contri- butions provided in this Contract available for the Projects so long as any of such Bonds or obligations remain outstanding; and, in any event, such annual contributions shall in each year be at least equal to an amount which, together with such income or other funds as are actually available from the Projects for the purpose at the time such annual contribution is made, will suffice for the payment of all installments, falling due .rithin the next succeeding twelve months, of principal and interest on the Bonds or other obligations for which the annual contributions provided for in this Contract have been pledged as security: Provided, That in no case shall such annual contributions be in excess of the maximum sum specified in this Contract, nor for longer than the remainder of the maximum ueriod fixed by this Contract. - 58 - MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES IN a Sec. 505. Rights and Obligations o" Governmert During, Tenurc Under Sec. 501 or Sec. 502 (A) During any period in which the Government holds lith. to o^ possession of the Projects Pursuant to Sec. 501 or Sec. 502, I shall (1) exercise diligence in the protectian of tee Projects, (2) complete the development of any Project or part tb. reof which is substantially completed at the time of acquisition. I:y the Government of such title or possession, as nearly as practicable in accordance with the provisions of this Contract, and (3) oper- ate all completed Projects or parts thereof (including Projecto or parts thereof which may be completed by the Government) as n^arly as practicable in accordance with the provisions of this Contract, including the carrying of insurance as described in subsections. (A) and (B) of Sec. 305. The Government, at its option, mrly complete the development of any Project or any part thereof. (B) During any period in which the Government holds title to or possession of the Projects pursuant to Sec. 501 or Sec. 502, it =,.y, in the name of and on behalf of the Local Authority or in its omm name and on its own behalf, exercise any or all of the rights sz.d privileges of the Local Authority pursuant to this Contrast at:d perform any or all of the obligations and responsibilities of ' the Local Authority pursuant t3 this Contract, (C) Neither the conveyance of title to or the delivery of Possession of the Projects by the Local Authority pursuant to S( -c- 501 or Sec. 5020 nor the acceptance of such title or possession b;• the Government, shall abrogate or affect in any way any indebt- eeness of the Local Authority to the Government arising under this Cvntract, and in no event shall any such conveyance or delivery or w y such acceptance be deemed to constitute payment or cancellation 01' any such indebtedness. Sec. 506. Definition of Substantial Default For the purposes of this Contract a "Substantial Default" is & fined to be the occurrence of any of the following events.: (1) If any Project shall cease to be exempt from all real and personal property tares levied cr imposei by the State, cit;, ccunty, or other political subdivisions, or if the Local Authorl' without the approval of the Government shall make or agree to Make ary payments in lieu of taxes in excess of those provided in the Ccoperation Agreement; or (2) If the Local Authority shall default in the observance ,f ar7 of the provisions of Sec. 313, or if any Project shall be r gored by any third party in any manner including a bona fide foL.- - 59 - MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES closure under a mortgage or other lien held by a third party; or (3) If the Local Authority shall fail to furnish certifica- tion as to compliance with the provisions of See. 16 (2) of the Act relating to the payment of prevailing salaries and wages required by subsection (C) of Sec. 418; or as (4) If the Local Authority shall (a) fail to maintain the low -rent character of each Project as required by Sec. 202, or (b) fail to prosecute diligently the reconstruction, restoration, or repair of any Project as required by Sec. 210; and such failure is not remedied within three months after the Government has notified the Local Authority thereof; or (5) If the Local Authority shall fail to cor..ply with or to enforce the provisions of Sec. 301, and such failure is not remedied within 30 days after the Government has notified the Local Authority thereof or (6j If the Local Authority (a) is in default in the performance or observance of any of the provisions of this Contract or of the Act, which default (except for the provisions of sec. 5040 would have the effect of preventing the Government from paying or making available the annual contributions provided for in this Contract; or (b) shall refuse or neglect to issue and sell its Bonds in the amounts and at the time required by this Contract; or (7) If the Local Authority shall abandon any Project, or if the powers of the Local Authority to operate the Projects in accord- ance with the provisions of this Contract are curtailed or limited to an extent which will prevent accomplishment of the objectives of this Contract. Sec. 507. Definition of Substantial Breach For the purposes of thin Contract a "Substant;;.1 breach" in defined to be the occurrence of any of the follotring events: (1) Ii• the Local Authority in tb,, developm--nt of my Project bar violated, or takes any action which threatens to violate, (a) any of the provisions of Fart One of this Contract relating to the limitation on the cost for construction and equipennt or such Project, or (b) any of the proviniong of subsection (F) of Sec. ':OL: or (2) If the Local Authority, in violation n of rrbsection (. of Sec. 4o7, han (a) at any time after the end of the Initial Operating Period for any Project incurred any Operating Expendi- tures with respect to such Project except pursuant to and in accordance with an approved Operating Budget for such Project, o- (b) during any Fiacal year or other budget period incurred vit* respect to any Project total Operating Expenditures in excess . the amount therefor shown in an approved Operating Budget (including -6G- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES wM�1 L revisions thereof) governing such Fiscal Year or other budget period; or (3) If the Local Authority has violated any of the pro- visions of subsection (C) or (D) of Sec. 401; or (4) If there is a breach of any of the provisions relating to the payment of prevailing salaries and wages which are required by this Contract to be included in contracts of the Local Authority in connection with the Projects; and such breach is not remedied or appropriate action to remedy the Same initiated by the Local .authority within thirty days after the Government has notified the Local Authority of such breach, or if such remedial action is not thereafter diligently prosecuted to conclusion; or (5) If the Local Authority shall fail (a) to prosecute diligently the development of any Project as required by sub,iec- tion (B) of Sec. 102 or (b) proceed with the timely development of any Project an required in Part One of this Contract; or If any Project cannot be completed (a) for an amount not to exceed the Maximum Development Cost for Such Project or (b) for any other reason; or (6) If, through any action, failure Local Authority, its officers, agents, or Fiscal Agent), there shall be a default in ntallment of the principal of or interest when the Same Shall became due (whether at by call for redemption or otherwise); and tinue for a period of sixty days; or (7) If there is a flagrant default o: Authority in the performance or observance or condition of this Contract; or to% to act, or fault of the employees (including the the payment of any an- on any of the Bonds the maturity thereof or such default shall con - breach by the Local Of any term, covenant, If there is any default or breach by the Local Authority in the performance or observance of any term, covenant, or condi- tion of thin Contract other than the defaults or breaches enumer- ated in Sec. 506 or in Subsections (1) through (7) of this Sec. 507; and if such default or breach has not been remedied within thirty days (or such longer period as may be net by the Government) after the Government has notified the Local Authority thereof. Sec. 508. Other Defaults or Breaches, and Other Remedies (A) N^ither the provision of the 'special remedies set forth in Sec. 501 and Sec. 502 in the event of a Substantial Default or a Substantial Breach, as the case may be, nor any exercise thereof, shall affect or abrogate any other remedy which may be available to the Government in the event of a Substantial Default, Substan- tial Breach, or any other default or breach; and the Government -61 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401NES mRy, during any period in which it holds title to or possession o1' the Projects pursuant to Sec. 501 or Sec. 50?, exercise any Other it. Neither the defaults orybreacheslastSubstantinl Drfnulteornition of certain Su Substantial Breaches, nor the Provision of special remedies therefor, shall be deemed to constitute an agreement that any other type of default or breach shall be considered insignificant or without remedy. (B) If the Local Authority shall at any time be in default or breach, or take any action which will result in a default or breach, in the performance or observance of any of the terms, covenants, and conditions of this Contract, then the Government shall have, to the fullest extent permitted by law (and the Local Authority hereby confers upon the Government the right to all remedies both at law and in equity which it is by law authorized to so confer) the right (in addition to any rights or remedies in this Contract specifically provided) to maintain any and all actions at law or in equity against the Local Authority to enforce the correction of any such default or breach or to enjoin any such de- fault or breach. (C) The remedies of the Government, whether provided by law or by this Contract, shall be cumulative, and the exrrcise of any one or more of such remedies shall not preclude the exercise, at the same or different times, of any other such remedies for the same default or breach or for any other default or breach by the Local Authority of any covenant or agreement on its part contained in this Contract. (D) No act of the Government (except the issuance of a waiver in writing), nor any omission by the Government to act, shall constitute or be construed as a waiver of any provision of this Contract or of any default or breach of the Local Authority. No waiver try the Government of a specific default or breach under this Contract shall constitute a waiver of, or an agreement to waive, or a precedent for waiving, any similar default or breach subsequently occurring hereunder. See. 509. Right of Government to Terminate Contract The Government may at any time by notice to the Local Authority declare this Contract terminated with respect to any Project which at such tiro• has not been Permanently Financed if (1) the Local Authority has made any fraudulent or willful misrepresentation of any material fact In any document or data submitted to the Covera_ went as a basis for this Contract or as an inducement to the Government to enter into this Contract, or (2) a Substantial Default or Substantial Breach exists in connection with any of the Projr-zs; Provided, That no such termination shall affect any obligation , ttFie Government to make annual contributions available pursuant to subsection (B) of Sec. 504. -62- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4� a Sec. 510. Rights of Third Prrties (A) The Government covenants and agrees vith and for the benefit of the holders from time to time of the Bondi; and of interest claims thereunder, that it will pay the annual con- tributione pledged as security for such Bonds and interest pursuant to this Contract. To enforce the performance trf the Government of this covenant such holders, as well as the Local A%,thority, shall have the right to proceed against the Govern- ment by action at law or suit in eeuity. (B) Nothing, in this Contract contained shall be construed an creating or justifying any claim against the Government by any third party other than as provided in subsection (A) of this Sec. E 510. i See. 511. Approvals and Notices (A) Whenever under this Contract approvals, authorizations, I determinations, satisfactions, or waivers of the Government are required, such approvals, authorizations, determinations, satin - factions, or waivers shall be effective and valid only when given either (1) by general orders or regulations duly issued from time to time by the Government, or (2) in specific cases, in writing, signed by a duly authorized officer of the Government, and delivered to the Local Authority. (B) Any notice or demand given under this Contract shall be in writing, and signed by a duly authorized officer of the party giving such notice or demand. Such notice or demand shall be deemed to have been given at the tine it shall have been received at the principal office of the party to whom it In directed. j Sec. 512. Waiver or Amendment Any right or remedy which the Government may have under this Contract may be waived in writing by the Government without the execution of a new or supplemental agreement; or by mutual ngree- ment of the parties hereto this Contract may be emended in writing: Provided, That none of the provisions of this Contract may be modified or amended so as to impair in any way the obligation of the Government to pay any annual contributions which have been pledged as security for any obligations of the local Authority. Sec. 513. Titles and Table of Contents The titles of the several Articles and Sections of this Con'xact and the tablo of contents aro inserted for convenience of reference 4 -63- MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES only, and shall be disregarded in construing or interpreting any of the provisions of this Contract. Sec. 514. Severability, of Provisions If any provision of this Contract Is held invalid, the remain- der of this Contract shall not be affected thereby if such remain- der of this Contract would then continue to conform to the terms of the Act. Sec. 515. Interest of Members, Officers, or Employees of Local Authority, Members of Local Governing nody, or Other Public Officials (A) Neither the Local Authority nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement, In connection with any Project or any property included or planned to be included in any Project, in which any member, officer, or employee of the local Authority, or any member of the governing body of the locality in which the Project is situated, or any member of ttn- governing body of the locality in which the Authority was activated, or any other public official of such locality or localities who exercises any responsibilities or functions with respect to the Project during h.'_a tenure or for one year thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee of the Local Authority, or any such governing body member or such other public official of such locality or localities involuntarily acquires or had acquired prior to the beginning of his tenure any such interest, and if such interest is immediately disclosed to the Local Authority and such disclosure is entered upon the minutes of the Local Authority, the local Authority, with the prior approval of the Government may waive the prohibition contained in this subsection: Provided, That any such present member, officer, or employee of the Local Authority shall not participate in any action by the Local Authority relatin to such contract, subcontract, or arrangement. (B) The Local Authority shall insert in all contracts entered into in connection with any Project or any property included or planned to be included in any Project, and shall require its con- tractors to insert in each of its subcontracts, the following pro- vision: "No member, officer, or employee of the Local Authority, no member of the governing body of the locality in which the -64- i MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 140INES r a .... t Project in situated, no member of the governing bo,:y of the locality in which the Local Authority was activated, and no other public official of such local- ity or localities who exercises any functions or re- sponsibilities with respect to the Project, during, his tenure or for one year thereafter, shall have any interest, direct or indirect, in this contract or the proceeds thereof." (C) The provisions of the foregoing subsections (A) and (B) of this Sec. 515 shall not be applicable to the purchase or onle of Temporary Notes or the Bonds, or to the General Deponitary Agreement, fiscal agency agreements, the trusteeships authorized under tbis Contract, or utility services the rates for which are fixed or controlled by a governmental agency. I Sec. 516. Members of Local Authority Not Individually Liable No member or officer of the Local Authority shall be individ- ually liable on any obligation assumed by the Local Authority here- under. Sec. 517. Interest of Member of or Delegate to Congress No member of or Delegate to the Congress of the United States of America or Resident Commissioner shall be admitted to any share or part of this Contract or to any benefits which may arise there- from. Sec. 518. Termination of Cbligatione i Upon payment in full of all indebtedness of the Local Authority ! in connection with any Project for which annual contributions are I pledged, and upon payment of any other indebtedness of the Local Authority in connection with such Project to the Government, all obligations of the Government and the Local Authority under this Contract with respect to such Project shall ceaee and determine except as provided in Part One of this Contract and thio Contract shall terminate as to such Project. -65- b Us. t'.OV[nN Mr: rul PIIINTrNIi u[[rCr lit; /:. •, 1 MICROFILMED BY JORM MICROLAB -CEDAR RAPIDS -DES• 1401NES 1 L 9 In Reply Refer to: 7.2GD (Alphson 515-284-4599) U.S. Department of Housing and Urban Development Region VII service Office 210 Walnut Des Mines, Iowa 50709 June 5, 1981 CERTIFIED MAIL -RETURN RECEIPT REQUESTED Mr. Lyle G. Seydel Housing Coordinator City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 Dear Mr. Seydel: Subject: Annual Contributions Contract Contract No. KC 9132 Project No. IA 22-3 Effective Date: June 4, 1981 Location: Iowa City, Iowa We are pleased to transmit herewith one fully executed counterpart Annual Contributions Contract No. KC -9132 for Project No. IA 22-3 dated June 4, 1981, with an estimated total development cost of $1,701,379. gincephson, Jr. dviser Enclosure MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L i 7 r c_ I r � i.II �.L:.'.1tla '.T• c �r ACU%=:G._� LG'd-:1 iU )LIC u•� - ..:--.:•�: PROJECT 1:0.: IA 22-3 CC; i'RACT fi -: KC -9132 Coif°OLIIi.-D PART C•,: THIS AG3:=,•Lyr entered into as of the 4th day of June (herein called the "Date of This Contract") y + 19 - S' b and between the J?iITrA STA^E3 of A1•)r"ic ICA (herein C. 1401the Cove�:rer t) P,Ls int to the United States Fousin r d of ly3i (L-2-U.S.C. 1101, e.+• sec., which Act as ,"ended to the Date of This Co;tr_c., is her_ia called t'.:e "Act'j ang L.:e Depar meAt.of Hous ab and Urban Develop ant _c: (5 II.S.C. 6c:), and City'of Iowa City, Iowa (herein Called the !'Local Authority,o which is a bodj corporate and politic cr6-�__3. and er_sting under the laws of. the • State Of 'Iowa (h9r9in called the "$tale") end a "pu?liC ho=;- a{ency"'2s defined in the Act, k11j�SSE=11: In corsider2tion o!' the mutusl covenants hereinafter hereto do agree, as fellows: set forth, ,,she Pyrw:es. Sec. 1. Project. Cooverzticn A¢reelent. la Q) fi=v;�+r Li�ita+ions �. (L) •.The Local Authority is undert�.ng the development or acquisition and :oper2tic. of le -:ent houain,; zs def='Icd in tha Act, as follows: Project INC; Estimated 1dt:mber of Estioa ted Total - _t l Initial Ir_=. Dwellins units Develonment Cos` ;+ •IA 22-3- 32 $ 1,701,379 170,138 B tiI'_thcros.ect to such low-_ent housin:- in cenalc__ ca cath Sec. 10(a) Sec. 10(h), z.3 Sec..I'^' of the Act t._e ' h, Local Authori c; has entered into, z.d -'-a Cove�^nre:t has approved, a_n a eemcnt or abree_ents with t:: vex -ring bcdy or bc_=- Of the locality, or localities in which such housi^G is cr'Y::il be situated, as i Pr G.iect iio. Governinr. Body of : Detoof i:-ee�ent IA 22-3 =•Iowa City, Iowa April 4, 1978. ' Such 2Freerent or as•ecments collecti*:el^ are herein Calle the "Cooperation Art,_ee_=__t•'• (C) The Loc_l Autho_•ity s`,ali procea :ititthe level_r -erj C 41..e Coe. 1 _7iY. ). Lil S::C': t £' t:IC Various 8:^gfes o2. dc•^Clol1 ,;,t •cA nl'2 f•. •�; i,6-• c. or trar. mittcd to i. a Local Luthority b; letter. "1 for i:no sot^ by 4he C�.ro:-_e:- _^.d (D) If the Local AnSilority shell fail to of any , ro j:;L as regnire.i b, : cseC _ .._i"on 1y the develo^_ en: .dovelup7:cnt, di ^na C(i i11 S'Vy);6(:L.CSI ID) of .Cc. ^10*1 Cr pCCCe Cd Wt:: •action (C) of this -Oc. 1 __ ,n-•ly frojcc' AY ' MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L 7 Pa;e 2 hovccter is -59 f An ::ended by ti 5301CC, 1-72 Cover!lsont has notified the Local,. a r h u_ or_+t J o euc ia_lu e, the Local Autharit•; ".e.11 suspend the development of the prc.jec: ad steal to e whatever action s neLaCzary to conserve r.,onios and assr.•ts and to Ston aver -!cad n;: ;r.zej and los^ such Pre j^Ct. Upon the axle^.. C!• t!1''- i•..:.• y - G with ry tea: to for any Project compr_zin� a r.=bc_ of units^2erz than thenumb (,as d__'i= s:n C_c. 1G7: enc man the labor of units sp=c:z_ed for such Project in subsection (A) of this Sec. 1, the Local Authority shall suspend the development of the remaininG nu=bar of units and shall take whatever action zs a=_cess_) to conserve monies and assets sad to Stolloverhead eroenses and losses with :escect tc the remain in,- number of units unless (1)'a Development Program for thoremai:ins r••,;=ter of the units has been submitted by the Local Authority and approved V the Gorey^=ent and (2) t!:is Contract has been amended to (a) specify the red+aced nlLber of Develon=ent Cost of s• =•'_ts ,^3 1 such Project, and (b) identify the =:ai,ing number ofanis by separate project number and specify the Development Cost therefor. Arty mor=es in the General fiand for the develop=ent of a Project, suspended in whole or part, in excess of the monies needed therefor under the aforesaid limitations shall be aronytl; zpplied to. the Payment of any Advance or temporary Motes outstanding in connection with such c oject :(E) The•Gcvernme_nt shall not be obligated to male ary further advances (except such advances which the raver=_ent deter4+nes to mase to the Local Authority for its i payment of approvable obligations incv .ed prior to the notice Irl the Gove o t :,e Local Authority or award of the .tin Construction Contract refe^•ed to in subsection (n) .above) or any annual contributions Li respect to any suspended low -rent housing u^,less and Until•the Local Authority demonstrates to the satisfaction of the Croverr=ent thst it Is willing and able to proceed expeditiously with the development of such s_saesdsi lc; - rent housing ani he Gove^n=ent, in its sole discretion, Bete =ir_es at that t7� ; it shall rander financial assistance to the Local Authority wit...respect to such homing. (F) The amount of the advances made. by. the Dove rent on account of the lona I for any suspended .low -re. -,t housing together with interest thereon at the applica le TJ La Interest date to the date of repayment, shall be paid from a £ands of the coal Authority available therefor, including the an.-mzl a a Payment ce all receipts is resew of expenditures necessa_�y'for.mac:agement, operation, maintenance, and reason—able reserves . in connection with each low -rest horsing irojoc- (uresr !±s 7c:tract or +- contract between the Local Authority and the Government under authori j of tae•Act) presently or hereafter developed or operated with the financial assistance of the Government or conveyed to the Local Authority by the Gover:=ent, after (1) the payment of all obligations in connection with such project for wir:ich annual contributions ata pledged or (2) the Administration Period for such project, as the case =,y be. - (C) The provisions of S;:bsection (D) and (P) of this Sec. 1 shall not be in lieu of any rights or remedies which may accrue to the Gov= -=eat by law or u=,d=r this Contract but shall be in addition to all such rights and remedies. I (R) The °:fini.num Loan Interest Rate" shall be 6 5/8 r� % per a-=_,=. The "Maximum Contribution Percentage,, shall be 7.177 %of per annuv.. (I) The making of this Contract and the undertat;ir:_ of the loan and animal contributions as herein provided, were approved on List I?e. KC,81-189 (J) Each project identified in this Sec. 1 is hers_: called a ':Project', and, if more than one Project is so identified, are herein collecti.ely called the °Pm-ojects.,, Sec. 2. Development Prorcram The Local Anthcrity shall de a P relcp each Project be+n,- _ to be develops: and shall operate 21 1'4 jeC s cOYerCd 1'P '"s C.ntra at in co=piiC:c.1 7ith All pr - r • C;ntraat ana tht• Ast all - ti ,- .. _ ovisi> c� tis _s__ .. ,:r,s .-:.,,�:d by t!:e Goverr....t nursua:a applicable provisions of crate and local law. 2.a. The Local Au'.:harity will r,couirc ;xo-*1;0. IA 22-3 _pu suait to a Contract of Sale to t: entered into bet;:ee:n tt:e �clle. I'd the Local ,'r:,h ri;y, j - MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Y 1 1'a„c 3 IIovcm-__ 1969 As by t 53010C,-1-72 Prior to the 'execution of sach Contract of Sale, the Local Authority may enter into a Preliminary Contract of Sale with the Seller to enter into such Contract. Such Pre- lirinary Contract and such Contract shall bear tha written anpro:al of the Coverc__nt Failure of the Local Authority'to expeditiously ccntinue the undertaY_'n_ of the Project or to comply with the Prelininaxi Contract or Contract, or if the Preli_inar Contract or Contract is held to be void, voidable or ultra vires, or if the power or right of the Local Authority to enter into the P eli.minary Contract of Sale or the Contract of Sale is drac,•n into el:estion in any legal proceeding, or if the Local Authority asserts or claims that the Preliminary Contract or Contract is not bind—in upon the Local Authority for any such reason, the occurrence of any such event, is the ,Seller is not in default, shall constitute a Substantial Default for the purpose of ,article V hereof and, in such case, the Government will continue the undertaking of the.Project and will take deliver of such richt, title or interest in the Project as the Local Authority ray have and perform such Prel Linary Contract of Sale or Contract of Sale, as the case r= be. The provisions of this paxas_aph are made with, and for the benefit of, the Seller aria .his assignees who will have been specifically approved by the Government prior to sues^. assibzvuert. To enforce the perforuance of this provision, the Seller and such assiy-pees, as cell as the Local Authority, shall have the ri&t to proceed asainst the Gover ent by action at law or suit in equity. In order to assist in financing the acquisition. cost (herein called "Development Cost") of the Project, the Covera=ent shall lend to the Local Authority an amount equal to the Maximum Development Co::t of the Project. Sec. 3. Development Cost of Project The Local Authority estimates that the Total Development C„st of each Project will not exceed the Estimated Total Development Cost therefor as specified in Sec. 1, which estimate is approved by the Gcvernmant. Therespective amounts of such Bst mated Total - Development Cost, or the latest revisions zhereoi pursuant to the provisions of Part eo iaY hereof, are herein called the ' um Development Cost" of the respective Projects or of all the Projects in the aggregate as the context indicates. The Local Authority, however,? ..shall complete the development of the Projects at the lowest possible cost, ana in no event at a cost in excess of the aggregate amount Of the aforesaid Estimated Total Dave1- opment Cost., Sec. 4. Cost Limits (A) Provided, however, that as to any Project for which the award of (i) the Main Construction Contract, or (ii) a tu_.=key Preliminary Contract of Sale or Contract of Sale is approved by the Government on or after April 30, 1971, the Development Cost fcr construction and equipment of such Project (excluding land, demolition, and Norawalling Facilities) shall not exceed by more than 10 percentum the ac_r.=op=fate prototype cost for the area in which such Project is situated as deter^_ined by the Government y:rs• xt to Section 15(5) of the Act and which is in effect on the da of the Govezn_ed:nt's approval of the award of such Contract in lieu of the specif_ed Development Cost per rocm. (B) The term "Nondwellirg Facilities" as used in thi.= Contract includes non - dwelling structures; spaces, and equipment, and site develoi•:•ant, improvements and facil- ities located outside building walls (including streets, sidc•.ra ks, and sanitary, utility, and other facilities, but excluding separate heating plant czractures, equipmenc, and distribution lines). .Sec. 5. Justification for Project and Financial Assistance The Local Authority has deconstratcd to the satinfact_.n of the Goverment that there is a need for such low -rent housing which is not aero;.•.et by private enterprise. ' The develop cat and operation of eachject in accord ace - -.h this Couzract will provide decent, safe, and :sanitary dwolli - 1^ fain the fin_: •.-.,1 reach of arc in the lowest —4 -come group and who cnrLnot afford to pay ;ugh to cause privato enterprise in their locality or metropolitan area to build :.: _Iaquate supply of dawn':, cafe, and narlitary dwellinZ;a for their use (which families ::c=oin called "F._ilicu of Low Income"), ".11 the provisions of this. Con -act are adegL ::. zo assure that each cljpn Project will. be , developed and operated. in compliance with al: zhe requiromonts of tice .at. The loan herein provided is necessr_-y to assist the decein;a:... , of each Project. the annual contributions payable by the Goverment in the a_ . as, fl r the pc:•io:1,_n the r-annor herein provided are necos a=ry to achieve, ;n d assure the^t i MICROFILMEU By JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES Subject to and in accordance with all the provisions of Part ido her::_, and in order to assist in achieving and maintaining the low -rent ch_ -act r cf ea_c- .:,act, the GoverrLent she.--, make arint:al contributions to the Local Authority in resile•:: :; e=ch Pro- ject in the amounts as determined pursuant to Part Two and for not "a excecc period (herein called "Maximum Contribution Period") commenci':g on the date the :-- contribution with. respect to such Project is paid and ending forty years fr_-: - ch date. Not more than forty annual contributions shall be made with respect to _reject. Sec. 9. Bonds and Additional Projects The Local Authority shall authorize, issue, and sell to others than t1:: Coverrmert, obligations of the type prescribed in Sec.. 411 (herein, called. the "Bonds"), r as pre- scribed in Part rNo of this Contract, with respect to the Projects and to a:::- ; =er low - rent housing project or _projects undertaken by the Local Authority with fin : to assistanc of the Government which, pursuant to mutual agreement of the Local Authority the Goverment, may be incorporated under the terms of this Contract. Sec. 10. National D-eraencv (A) The Local Authority shall, (1) during any period of national e=.c connection with rational defense as declared by the President of the Unitei :.. period during which a state of war between the United States a+:d any forei..- and (2) upon either a determination by the President of the Muted States :'.... acute short -.:;e of housing in the locality of any Project which impedes the n:. and that the necessary housing 1,lould not otherwise be provided when needed fc: caged In national defense activities, or a determination by t,-. President of States that there is an acute need for housing i.n the local'' --r of any Pre•c:: the availability of dwellings for persons enraged in national defense actin_-' maximum extent authorized or permitted under applicable Fedcr.tl and State 1:•. effect, operate such Project to provide housing for persons zn•;a„ed in n_nti:n. activities. (B) If, by rea'ron of . ny such emerfoncy, or state' Of ,..r, ti:e ccn:.r Project is either prohibited or stopped prior to the deliv_•r of Po::'.:: a.. ouch prohibition or stoppage of construction :all continuo f r an extcnicd Local /authority shall refrain from the award of any further :::not. tisn. tracts, shall t.d:o in rocpect to Construction or Equipment C-n,raets alroz';• action is reasonably nocesrary to co:servc r..onics and asset:: (includin„ to:::.: settles:ent of any outatandin—, Conutructiur: or Bquipmont Cuai::uls), la'd ...... other reasonable actions necessary to mi:dsin e overhead exrc:ues 1_nd '_o.; :c•a. In the Coneral bund for the dr.•velolcent of such Project in u:.:^cs of 1.1.0 :.. thuxfor u:::1ar the' aforo::aid lici:alio.^s rh%1.1, capon r.cq;:0st :1• the t0 the payront of any l.dv;Lncr ;:ate. or Tor.:nar c:y i:otc:1 i•: uo.i :n Project, and the Go -,-on ::ent chcll not le oia'ra:ed to Cake r.:: - furl.i.Or r,:iv. : -to work urdor COnOt:•uction or P.quiFinant Ca:tr•::ctn until cud; _ rcnil.ition c:• . j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES :cy in zs or any -r exists, 1.ere is` an ::al defense ersohs en - United assu e to the ::n in ence of that tho 'nt Con- :.atevar :: or '.7.1 _:.�•i As A-o?•gni '.y .5301.cC, 1-72 character of each such Project. Sec. 6. T, -.x E:ce_rtion of Project Under the Constitution and Statutes of the State, each Project is from all real and personal property taxes which may be levied or i:.posed by the C city, county, or other political subdivision. Sec, 7, Loan by Government Subject to and in accordance with all the provisions of Part ''Dwo and in order to assist the development of each Project, the Covernye, shall len: a Local Authority a^.outts (the total of which is herein called the 'ga;dmu:. Loan. - -rent") determined pursuant to Sec. 410. Each advance on account of the loan for as 'rrojec t shall bear interest on the unrepaid principal amount thereof frog the dat; ad;asce made to the date of repayment at the rate or rates (herein called "Loan 0s Rate") as the Government deier_ines on tile -dale such advance is made and redet=- =_ on each anniversary of such date pursuant to Sec. 20 of the Act: Provided, That :. n Interest Rate for each advance, which shall be adjusted annually as provided heroin, -not be - less than the lqlinimuz Loan Interest Rate." _111 Sec.'8. Annual Contributions by Government Subject to and in accordance with all the provisions of Part ido her::_, and in order to assist in achieving and maintaining the low -rent ch_ -act r cf ea_c- .:,act, the GoverrLent she.--, make arint:al contributions to the Local Authority in resile•:: :; e=ch Pro- ject in the amounts as determined pursuant to Part Two and for not "a excecc period (herein called "Maximum Contribution Period") commenci':g on the date the :-- contribution with. respect to such Project is paid and ending forty years fr_-: - ch date. Not more than forty annual contributions shall be made with respect to _reject. Sec. 9. Bonds and Additional Projects The Local Authority shall authorize, issue, and sell to others than t1:: Coverrmert, obligations of the type prescribed in Sec.. 411 (herein, called. the "Bonds"), r as pre- scribed in Part rNo of this Contract, with respect to the Projects and to a:::- ; =er low - rent housing project or _projects undertaken by the Local Authority with fin : to assistanc of the Government which, pursuant to mutual agreement of the Local Authority the Goverment, may be incorporated under the terms of this Contract. Sec. 10. National D-eraencv (A) The Local Authority shall, (1) during any period of national e=.c connection with rational defense as declared by the President of the Unitei :.. period during which a state of war between the United States a+:d any forei..- and (2) upon either a determination by the President of the Muted States :'.... acute short -.:;e of housing in the locality of any Project which impedes the n:. and that the necessary housing 1,lould not otherwise be provided when needed fc: caged In national defense activities, or a determination by t,-. President of States that there is an acute need for housing i.n the local'' --r of any Pre•c:: the availability of dwellings for persons enraged in national defense actin_-' maximum extent authorized or permitted under applicable Fedcr.tl and State 1:•. effect, operate such Project to provide housing for persons zn•;a„ed in n_nti:n. activities. (B) If, by rea'ron of . ny such emerfoncy, or state' Of ,..r, ti:e ccn:.r Project is either prohibited or stopped prior to the deliv_•r of Po::'.:: a.. ouch prohibition or stoppage of construction :all continuo f r an extcnicd Local /authority shall refrain from the award of any further :::not. tisn. tracts, shall t.d:o in rocpect to Construction or Equipment C-n,raets alroz';• action is reasonably nocesrary to co:servc r..onics and asset:: (includin„ to:::.: settles:ent of any outatandin—, Conutructiur: or Bquipmont Cuai::uls), la'd ...... other reasonable actions necessary to mi:dsin e overhead exrc:ues 1_nd '_o.; :c•a. In the Coneral bund for the dr.•velolcent of such Project in u:.:^cs of 1.1.0 :.. thuxfor u:::1ar the' aforo::aid lici:alio.^s rh%1.1, capon r.cq;:0st :1• the t0 the payront of any l.dv;Lncr ;:ate. or Tor.:nar c:y i:otc:1 i•: uo.i :n Project, and the Go -,-on ::ent chcll not le oia'ra:ed to Cake r.:: - furl.i.Or r,:iv. : -to work urdor COnOt:•uction or P.quiFinant Ca:tr•::ctn until cud; _ rcnil.ition c:• . j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES :cy in zs or any -r exists, 1.ere is` an ::al defense ersohs en - United assu e to the ::n in ence of that tho 'nt Con- :.atevar :: or '.7.1 _:.�•i � jiq':•-:nr l- [ _ l�Jlv'.1 1-12 , ended. Nothi` in this Subsection (I:) shall be construed ao pro^ic: .e Local Authority frgn proceedin; with rite acquisition and the coupleti,:n r: s, drawings, specifications, a::d related doc•rentm. Sec. 11. L-lcorpor ion of Par` Tg in this Con"act The Term end Conditions embodied in Bora M-53011, lloveabar .re it orated herein by reference and constitute Part No of the rzlnual Ccn-. Ca as amended to the date hereof, and shall supersede all earlier iss _.: _ons :^s. ^leis and Conditions referred to in such Contract. such Sec. 12. Addie-o^al Provisions and 1•'od'r;cations The following additional provisions and modifications of eii _ t One or ?=t Two, as hereafter set forth constitute the or 04' modifications to th c Tact: (A) Xondiscriminatien in Fousine C (1) Ln connection with the' development and operation of cogram or activity of the Local Authority receiving Federal financial acsistznst utates Housing r the Unite Act of 1937, regi cless of when such program or act'any- thereof, initially pc -i_= was covered by any contract for such assistance, _•.. _ as long as the real property or structures thereon in such program or activ'ty, portion _=rem" _ is used for- a _Purpose for which the Federal financial assistance ::as a^` :e3 or for another pun_ -pose involving tI:e provision of similar benefits, the Lee ! crit Will Comp'_) with all requirements imposed by Title VI of the Civil Rias s 196L, ..b.'c . Law 88-352, 78 Stat. 24'; the regulations of the Department of ML•'ing _ —rCcn i?,—e_o?_ -.went issued theraunder, 24 CM, Subtitle A, Part 1, Section 1.1 et =es ments of said Dep�teent pursuant to said regulations; to the end gnat, rec�'re- th _.. that Act and the regulations and requirements of said Depaxt_ent there,--- aocord ca . the United States shall, on the ground of race, color, or national oric'n. ._, no pens-- ir. .z: exclucsi from participation in, be denied the benefits of, or be otherwise subje_•..i to disci=°n- ation under any such prop a- or activity. The Local Authority ca_, cyr-- quirecent, covenant, or other binding ceritment, assure the same cocpl-:. on the =:.-t of any subgrantee, contractor, subcontractor, transferee, successor in fn-. --rest, participant in the prcIgram or activity, such commitment to include the or corer 1..,.swing ci<;.se: " "This provision is included pursuant to the re of the P_, -=eat of HousingSubtitle and IIrtian Development, 24 CFR, Subtitle A, Part 1, A, P et sec., issued under Title YI of the said Civil Rights Act of and the requirements of the said Department pu=su _zt to said re,.,Ia:`.... and the obligation of the (contractor or other) to comply there:ri:h i:.:.ss to the benefit of the United States, the said Department, and the Lt - Authority, any of which shall be entitled to involve any remedies ilable by law to redress any breach thereof or to compel compliance t e......:: cy the (contractor or other.)" • (2) The Local Authority shall riot, on account of creed, disc: i I •.-nate in _e sale, leasing, rental, or other disposition of housing or related faciii " (incl:cd =-; ' land) included in any Project or in the use or occupancy thereof, nor dc-::- :. any fa_:y the opportunity to apply for such housing, nor deny to any eligible appl! the Opportunity to lease or rent any dwelling in any such housing s•.ritablc t_ needs. .._ (3) Failure of the Local Authority to comply with the =eq.-- ..a of (1; or (2) above shall constitute a Substantial Default under any ,cntract bet.-- •.::e Cove_ ler.: and the Local Autl:crity covering Federal financial assists_ :e urger t!:o ' i States Housing Act of 1937, and this Section shall be construed to a_.ply so lr.: r=y sum: contract j.s in force c offect.• (D) Thr"' terms "Advance 11ote" and "Temporary Note" cs ugpd in C:-, Ft C .e or Part Two of this Contract shall be construed to mean Loan ':r• A. "P:o1e;: Note", respectively. (C) .ection 203 is,apcnded by adding a now subsection (C) oro f:. "(C) The Local Authority shall promptly roti:; to be ineligible for nd:is::icn to nny Project of t!:a 1•a.^,Ss f;: nu h d:t - j prc:•ide t..".o applicant upon r•oquest, within a :•easonable ties• •:ftcr l • I MICROFILMED BY ' 'JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES i r Tov :berm '959 13 Azc 530100, 1-12 I made, with an ongort=iity for an infor-21 hearinr• cn such determination and (2) cny applicant detcrsined to be eligible for admission to any Project of the aoprorima:c- date of o ccuoancy, insofar as such date can be reasonably detor fined." (D) Section 204(E) is'a`ended by changing the period at the end thereof to a colon and adding: "Provided, that no tenant's rent may exceed one-fourth of the tenant's family income as defined by the Secretary of Housing and Urb�--j Develop -lent; P.ovided further, that this recuirement shall not apply in any case in which the Secretar; of Housing; and Urban Develonment determines that so limiting the rent of ary tenant or class of tenants will res•,t-'t in a reduction in the amount of welfare assistanze which would otlnerdise be provided to such tenant or class of tenants by a public agency.11' (E) Section 308(D) is amended by changing the reference to "Sec. 415(C)(j)1 to "Sec. 415(C)(1)(d).,, v •(P) Add a new Section 314 and•a new Section 315 as follows: "Sec. 314. Employment of Project Area Residents and Contractors. "The Local Authority shall comply and shall require each of its contractors and'subcontractors employed in the development or operation of each Project to comply with Section 3 of the Housing and Urban ievelopment kct of 1908 (12 u.S.C. ZjGlu) - j UP regulations and requirements of the GovOrn=ent there•,nder, r­uirirg that to the greatest extent feasible opportunities for train nE aria emDloyme:r, be given lower income residen-s o£ the Project are=_ and that contracts.for.work in connection with the Project be awarded to business concerns which are located in or owned in substantial part by persons residing in the area of the. Project. 118ec. 315. Contracts for Personal Services. "The Local Authority shall not enter into, execute,, or ep?rove, any a`ree- sent or contract for personal, ma-magement, legal or other services with any person or firm where the initial period or term of the contract.is in excess of two (2) years, or where the contrfct contains a renewal provision for any period of'tiie, without the prior written consent of the Government. Where an existing contract contains a renewal Dro- vision, automatic or oth=-wise, which extends the term of the contract for any periled, the Local Authority shall not act to renew or extend such contract, or fail to take any necessar,• action to forestall automatic renewal or extension, without the prior ti,=itten approval of the Government." f (G) Section 407(1)) is amended to read as follows: • i ach ssion submit estimat(s)of1th theeAccruinsrP_nnualoContribution andrating Bu ats, the the AdditionalAAnn`'iiy st=ib - tion required for the period covered b 1 Ccn ,_ y such $,rdgets." (H) Section 407(P) is amended by inserting the phrase "and Additional An.ual Contribution" after the tors "Accruing Annual Contribution" and by changing the period at the end of the last sentence to a comma and adding the phrase "or to the amount of the Additional Annual Contribution." (I) Section 408(13)(2) is amended by substituting the term "Debt Service Annual Contribution" for the term "Fixed Annual Contribution." (J) Section.410 is r•;cnded by deletirg the p -,-,,ase 1 0 percent of the s= Of.,, (F) Section 413(A)(5) is amended by subotituting th-; term "Debt Service Annual Contribution" for the terra "annual contributiono.11 (L) Socticn 415 is amcnded by dole tir.*- the precept C_c. 415 a,d sn'Jsti tut y the following therefor: j MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES 1401NES 7 +513010", 1/721 'Sec. 41$. Annual Contributions. "(A) The Govern --ort shall calve annual contributions to the Local Authority for each Project. Such annual contributisah ;;hall include Debt Serr'ce A _.n=, :Contributions (or Basic Annual Contributicno in respect to Leased Housing Projecta) an= Additional Annual. Contributicns. The Government (1) shall mare Debt Ser7ice Contributions to the !,coal Authority for each Per_anently Financed Project and (2) =ay, in its actar._:ati:, ='%e Debt Service Alincal Contributions to the Local Author- ,• :or 'each Project which is not F•e^zmently Financed. The date upon which each Debt Sery-ce Annual Contribution is payable (extent the first Dab' Service Annual Contribution with respect to a Project not Permanently Fin_.ced which may be Cade available as of the Date of Full Availability of such Project) shall be 1--no;.•n as the "Annual Contributic.^. ate." If the Annual Cont=-bution Date is not specifically set fcrth in Pa=t One of tlas Cort=ct such Date shall be the fifteenth, day of the fourth, fifth or sixth month of the Fiscal Year as deter-_;n^_d by the Goverrcent. <: nu__- Cant_i.•ticn with respect to each • "(B) The first Debt Service A - i •• * Permanently Financed Project shall be due and payable on the Annual Contribstic_n Date which Is seventeen months and fourteen days after the Band Date of the First issue of Bonds issued to fina., e any part of the D:velop_ent Cost of such Project. Tb. fi_•st Dect Service Annual Contribution with respect to each Project which is not PerPne tly Fir. Facet may be made available as of the Date of 111 Availability of such Project and shall be determined in accordance with Subsection (C)(1)(d) c: this Sec.'415. If the first Debt Service Annual Contribution with respect to a Project is made available as of t_^.e Jate•c' Full Availab-l-� f h - c such Project; the second Debt Ser-ce s:m:al Contribution -with respect to such Project may be made on the Annual Centribu'ion Date which occurs not less j than twelve months subsequent to the Date of -Full !V-2Labili'y of such Project, subsecuecz Debt Service Annual•Centributions shall be payable on each Annual Contributicn Date thereafter. "(C). On each Annu=al Contribution Date the Government shall pay (subject to reduc•bion as hereinafter in this Sec. 415 provided) De bt Service Annual Contributions for each Project, with respect to which any Debt Service Annual Contributions are then-payab'_e. "(1) The amount of the Debt Service Annual- Contribution shall be•ealra to .the sum of the Level Debt Services of all unmaturea.issues of Bonds, bearing a'Bona Date not later than seventeen months and fourteen days prior to such Annual Centribnticn Date, as specified in the an Bond P.esolution, plus am amount or amounts ailocable to Permanent, Project Loan, or Project Notes, as follows: "(a) With respect to each Project Permanently Financed by an issue of Bonds equal to the I•Linimum Development Cost first established for such Project, er- amount, as determined by the Gover=ent, which if arplied annually at the interest rate (adjusted to the nearest one-eighth of one percent) charged the Local Authority dL—ing the -next- preceding Fiscal Year in respect to the unamortized portion of the icr=^ate Der -31- opment Cost of such Project which exceeded as of the last day of such Fiscal Year the principal amount of such issue of Bonds would fully anortize such portion not later th== the"first day of the month following the last Annual Contribution Date for such Projec-; "(b) With respect to each Projcct Peria_nently'Financed by err. issue of Fronds in an amount -less than the amount of the Hini=a•3 Develop-ent Cost first establis_z for, such Project, an aniount equal to (i) the applicable Ki_ninum Loan Interest Banc ea the asiount by which the i•Binicum Development Cost as first established for such _ eject exceeds the principal amount of such issue of Ponds, plus (ii) an amount, as determine- the Goverment, which if applied annually at the interest rate adjusted to the nearest one-eienth of one percent) cher,-,ed tho Local Authority dt i^_ 'he next oreca9-;:; F_ Fal. Year in respoct to the portion. of the '•:in=un raveloraent Coct of, such Project which ex- coeds ao of the las' day of such Fiscal Yea..+- the ilini== Devic-lop:xnt Cost az establi shod foe such Project would fully--ortiso such portion no' lator than the first ..day of the month fol)ow•ing the last Annual Contribution Date for ouch Projcct; ana (iii) commencing on the Annual Contribution Date next following %th, last Gaturity d:,te of srr;, issue of Far.�Bs, the amount of the Level Debt Servico of such issue of boner; and "(c) With respect to each Project fine_^a.d by a Perrancnt :meta _.. lieu of Bonds, an xmnunt, ao dutor-incd by tlho Covem.•:cnt, w:_ich if applied aac�+iBe the dnt:rest rate (adjua.ed to LL•u nearest one-oit;!lth of one percent) c'hargq:l u.•: Larnl MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES r 4 .:,... 5101CC, -'-'.2 --r • I Authority during the n_xt proce__r-Piscol y ecr in respect t'o the una=orti-ed p•�t_aa of the i•' - 2e.;e1e. _e.nt COS', of much Project w;.•:ich exceeded as of the last y such Fiscal '!epr the Ci::ir..u� Dcvclon-e.^.t CO"t e of first est;,blisned for such P s'act would fully uaentice such aOrt"Sn not later 'h'Ll the first day of the month following the last Annual Contribation Date for such P oject; "(d) With respect to each Project which isnot e_ moi•. Financed, an n_o,nt, as determined by the Coverr_^eat, which if applied annually✓a- the interest rate (adjusted to the nearest one-eighth of one percent) charged the Local -Authority during the next preceding Fiscal Year in respect to the una=ortized .ortion Of that £iyare dete^ined by the Government to be that below whCos= Of such Project will in no event fall would fully a^oriize such portion not late=,ich the Develon_Eai iCos the first day of the month following the last fnnual Contribution Date for such Prcjar. "Upon deliverr of any issue o£ Bonds to refund Pe_+manent, ?_•ojec'- Loan or Project ?Totes, the amount of the Level Debt Service of such issue of =ends shV_ be in lieu of the portion of the. Debt Ser -rice Annual Contribution allocable to such •Notes whether pursuant to clause (a), (b), (c), or (d) above. 11(2) On each kinual Contribution Date the actual amount of the Eebt Service Annual Contribution to be paid (herein called the "Accraing Annual Contributi:=') shall be an amount equal to the Debt Service. Ann -,al Contributicn less (1) the `Dunt t_*- on deposit in the Debt Service Fund for the reduction of annual contributions ;u=n..o Subsection (C) of Sec. 415, and (2) any amount than on deposit in the Debt SE_,ice Fn'. Pursuant to Subsectio n (3) of Sec. 414, on account of interest accrued Debt any issue of Bonds after a date which is six months after the Rend Date Of such issue. "(3) The Government aotwithstand::r� any of -1hi nay make payment of any Accruing Annual Contribution6in aeciarenuPlovision installments asCfo'_.=;s: (a) the first instailzent shall be paid on the Annual Contribution Date in the z✓��nt, if a:Ay, by which (i) the Accruing Annaal Contribution exceeds (ii) the amount of priac__.al and interest -which will -become due 'and payable en the next following arnivers==^ of th=_ B.^nd Date on all 'ponds outst nding at the end of the preceding Fiscal Yeas and ;;Lich 't a Bond Late not later than saz seventeen months and fourteen days prior to such fan unl Con- tribution Date; (b) the balance of such Accruing Annual Contribution shall be paid on date six months after such Annual Contribution Date. At least thirty days prior to each Annual. Contribution Date, the Fiscal Agent shall file with the Government a report showing the amount of each deposi. ;made into the Debt Service Fund since the next preceding Annual Contribution Date and -=s balance in the Debt Service Fund as of .the date of such report. _ "(5) At least fifteen days prior to each Annual Contribution Date, the Authority shall file with the Government a requisition and voucher for the pzrof current Accruing Annual Contribution. I. Sec. 11(6) Except as otherwise provided in'Subparagraphs (7) and (8) of th ; 4l5(c), the Government shall pay each Accruing Annual Contribution, or installr.an. thereof, to the Fiscal.Agent for deposit in the Debt Service Fund. The Gover:=ent, at. --e time•of such payment, shall furnish to the Local Authority and to the Fiscal Agent a s-,- t,2_ ment showing (in detail and with appropriate explanations) the amount of the Accattng Annual Contribution, and the method by which the Accruing Annual Contribution -will be -_°•'. Each such state=ont shall include a schedule showing on the basis of information avails e to the Goverment, the distribution to be made of the funds in the Debt Service Fund l =_ suant to Sec. 416. 1 "(%) .On each Annual Contribution Pate on which any Per_^anent, Project or Project Actes issued in connection with any Project with renpoct to which an �_;•al contribution is thea payable remain outstanding cold until full repa,ert, with _nterac. the applicable Lo.n Interest Rate, of all expenrU tures, if goy, rade by the Gcve:.ames. connection with any such Project pursuant to Sec. 505 hereof, such portion of the Accruirl; Annum -Contribution, which if deposited in the Debt Service Fund would (tone:=;: with the monies then on deposit in said J1ond for -tile reduction of annual con Ir! b,,ltions MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 2c c5ctr- 5301CC, 1-I4' pursu.znt to this Contract Alun the amount of the second inctallmcnt, if any, cf such Aceruirr, tmnual Contri'.•ution) exceed the su_ of (a) cn cmount ccual to the p_ cal and interest beep: in; due and payable a=in,- •_; tiYo twelve-_cnti:m nez•icd r_- covin; __•.. != �' Contributio.^. foto on each ia;ue of _orals burin; a BI-nd Date tlut :acs= th:1 c_;enseen months and fourteen days prior to such Amlur l Contribution Date, I••- an _c nt equal to the B ^ p- (b) ache n to ani Service Carry -Geer roc t ' Fluid on the me=et succecdin>redn e be on deposit in the Det-. Service Annual Contributicn Data, ray bra. with=held cy the and applied to the full extentthereof: First, to reimbursement of e Local ••thority for any advance (not theretofore reimbursed) rade ouz-oc u:ht to Sec. l l�•(D); a=: S=coni, to the payment of interest and pr'_ncipal of such 2totesA and r_pay`ent cf such erendit.r;es in proportion, with respect to each such Project, to. the apalicable ^rtion e£ the Debt Service �^n al Contribution deter ined pursu =-.t to clauses (a) b case may be of Sec. 1 P , ( ), (c) or (A-) as the Y l 5(C)(1): Provided, that any a=mounts which would otther,:_se be ancliea to the payment of urircipal under the aforezaip Second order of preference be withheld (Tor not more than twelve months) and be used for the payment int__ may be subsecuently issued to refund such Notes and expenditures,ere _sz on^� 3 nLs wife:: 11(8) When monies sufficient for the payment a:3 discha �e cf all Fonds have been deposited with the Fiscal Agent in trust for such purpose, ul Con- tributions, Fesid+.L11 F.eceipts, and monies othend'se payable to the D=_bt Ser:•'_=e ------d shall be applied, as approved by the Gove^L ent, to the pay_ent of the Rotes and e,__=;:_itures and in the propar proportion as prescribed in Subpa•n•aph (7) of this Sec. L115( C). 'monies so applied by the ve y Local Authority do=ing the twelve months period precec=g each 1•.a1 Con- tribution Date which, except for the provisions of this Subparay:= h (3), would have been on deposit on such ��1•_,1 Contribution Date in the Debt Service R nd for the r •ntic annul contributions, shall be deemed to have been on d os_t in tai _=yy -of such Annul Contribution Date for the purpose of,Subparagraph 2 of t'•_ -s Sec. 415(C). "(9) to Accruing Annu=al Contribution shall be paid or node a-ailable 'by the Govcni--ent pursuant to this Contract in an amount in excess of an amc.=� which to_ . gether with all monies then on deposit in the Debt Service Fund will be sufficient to fully + pay and retire the outstanding Bonds, Permanent Motes, Project Loaf Notes, a._ Project 2lctes issued .in connection with all Projects with respect to which annual e-ntributirns beco_e payable and to repay, with interest at the applicable Loan Interest late, all ea-enditures made by the Gave-a=ent in connection with thedevelopment of such Prcjects p=s--t to Sec. 505 hereof. The obligation of the Government to pay or make available Debt S- •ice 2=nual Contributions pursuant to this Contract with respect to any such Projeot shat- tern nate when (a) all such Fonds and Notes issued in connection with such P_•oj=ct have been _fully paid and retired, or wren monies sufficient for the payment and retic ent thereof have been deposited in trust for such purpose in accordance with the terms of such germ`s z^.3 Notes, and (b) all such expenditures, with interest thereon, by the Government in cormection with such Project have been fully repaid. "(D) The Government shall also mal=e Additional Annual Contributions to the Local Authority (a) for each Piscal Year in an amou.-:t which together math all other Opera- ting 44eceiptc of the Projects will be sufficient to pay the Operati= =xmendi. -as of such Projects in accordcnce with the Operating Budgets for such Projects as approvei by the Government, and (b) with respect to a Project for which payments of Debt Service or Basic Annual Contributions will be made for a period of less than forty yea=s, in an a=cunt and for purposes as approved by the Government, to provide for necessary initial ex=penses not charged to the Development Cost of the Project. Operatin^ "(1) The Local Authority shall submit to the Goverh=ent, tcy 'her with thc' Annual nS anduticndwhichBrilltbefor the forthe an estimate of the amount o:yAdc•� icnal requiredperiod covered by such iL _ e t. i,._ Goverrment may approve such estirate or revision thereof in full or 4. a reduced r.t and.tho amount co approved-Jursuent to sueh•estir_ate or nny reviticn :ercof 11 be th.• maximum amo•.uYt of Additional Annual Contributions payable in respect to the--,jccts for the period covered by such Dudgct. The Govaciwent shall not in any Faieral Fiscal Year approve any estir_ste or rovicion thereof in an amount which, together with 'he a=oLit of all Additional A:Lnual Contributions then contracted for by the Covcrr=ent, tiro:L.d exceed 4a amount as determined by the Government of Additicnal Ar. sal Ccntr_buticns ccn.>ractin_ th MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES 140INES IN -- 0 ..J4Cri � Iievcnb^e I% . . 5i31CV, 1-12 „ authorization pursuant to the Act. "(2) T.Re Government shall not be obli,�ted to car account of theAddit±opal e —any nay�ents on .nnual Contribution3 in an ,,O!.nt in exces3 of the amount opecifically approved by the Government. "(E) 'Anything in th•42 Contract to the contrary notwithstanding, t e- he rayl - IZUM annual contribution payable hereunder with respect to any. twelve month period shall not exceed the Ere5ate of (a) the applicable r1_ -:m m Contribution Percentage of the latest established i- +cum Peveiot_ent Cost for each Per..,anently Financed Project plus (•b) the applicable i•ta:cir••t, Contr±cution Percent�­,e of (i j the r opnt determined by the Cova meat to be at below which the Bevelopcpnt Cost will in ro event fall, or (i±) the Actual Development Cost, as the case may be, of each Project which is not Pernently Financed, plus nn mount not to exceed $120 per ar-num per dwelling unit occupied by families as described in Seca 10(a) of the Act. For the pu Perc of rete �:i:.ire such maximum annual coat=ibutioa, the term "i•;a-ci=� Coatributicn Percentage" with respect 'to each Project shall cean the ging Federal rate (.as defined in Sec. 2(10) of the Act) .apnlicable•at the (1) -date .of approval of the Annual Contributions Contract coveri^.g much project, or (2) the date of dete-m_n_tion of such m� d _ti annu=l contribution, which- ever is the higher, plus (a) two percent in the case Of Projects havin6 a la ct=� Con-• tribution Period of forty years, or (b) one percent in the case of projects having a 2fXdmum Contribution Period of sixty years," (M) Section 1117(C) is amended by substituting the term'"Debt Service annual Contribution" for the term "Fired Apnual Contribution." : (N) Section 1178(3) is deleted. I+ (0) Section 1d9M(3) is amended by substituting the p'n_a'"Debt Service Annual Contribution as determined pursuant to clauses (a), (b), (c), and. (se of Sec. 415 C)(1)" for the phrase "Fixed Annum Contribution as determined pursuant to clauses (1), f2), (3), -and W.of Sec.. 415(C).1 Sec.' 13. Perfor_ance of Conditions Precedent to Vplid;tv of this Contract The Local Authority certifies that all conditions precedent to the valid execution .aaa delivery of this Contract onits pa=t have been complied with, that all things necessa j to constitute this Contract its valid, binding, and legal agreement on the terns and con- ditions and fo:- the purposes herein set forth have been done and have occurred, and that the execution and deliver; of this Contract on its part have been and are an all respects duly authorized in accordance with law. The Goverment similarly certifies with reference to its own execution and delivery of this Contract. Sec. 14.: Clean Air Act and Federal I•Iater Pollutionion Control (a) The Local Authority shall incorporate or cause to be incorporated F Into any contract for construction or substantial rehabilitation, such clause or clauses as are required by the Government for Compliance with the regulations issued by the Environmental Protection Agency pursuant to the Clean .lir Act, as amended, the Federal Water Pollution Control Act, as amended, and Executive Order 11738. The Local Authority shall cooperate with the Government in the conducting Of compliance reviews pursuant to said Acts and Regulations. (b) Flood'Disaster Protection Act The Local Authority shall incorporate or rause to be incorporated into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply VI th such clause when it is the owner); "If the Project is located in an area that has bean identified by the Secretary of Housing and Urban I)evelopment as an area having ap'ecial flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act of 1968, the Omer agrees that the Project will be covered, during its anticipated MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES I� ' ,•F.'D-53010 - . Page 11 iib•; c: ,ar_ 1959 (Fo r•erly P 1-3010) As Amended by 53oloC 1-72 economic or useful life, by flood insurance in an amount at least equal to its development, or project cost (less estimated land cost) or to the maximum "nit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less.,, Sec. 15. Local Authority Cont.—acts with Third Parties and Subcontractors (a) Clean Air Act and Federal Water Pollution Control Act (1) The provisions of subparagraph (2) of this Section shall not be applicable if the maximum amount of housing a3sistance oaf -lents under the Housing Assistance Payments Contract, over the maximum term of said Contract, is $100,000 or less. (2) In compliance with regulations issued by the Environmental pursuant Protection Agency suantto theCle n Ai4Sp0 rAct,asamended (Air Act),42�U.S.C. 1857 at seq., the Federal Water Pollution Control Act, as amended (Water Act), 33 U.S.C. 1251 et seq., Executive Order 11738, the Owner agrees that: (i) any facility to be utilized in the performance of this contract or any subcontract shall not be a facility listed on the EPA List of Violating Facilities pursuant to Section 15.20 of said regulations; (ii) he will promptly notify the LHA of the receipt of any ccr_munication from the EPA indicating that a facility to be utilized for thg contract is under consideration to be listed on the EPA List of Violating Facilities: (iii) he will comply with all the requirements of Section 114 Of the Air Act and Section 308 of the Water act relating to inspection, monitoring, entry, reports, amd•information, as well'as all other requirements specified in Section 308 of the Air Act and the Water Act; respectively, and all regulations and guidelines issued thereunder; and '(iv) he will include or cause to be included the provisions i of paragraph (2) (i) through (iv) of this Section in every such action eastsubcontract, and that he l theGoverment asa means of enforcing such provisions. (b) Flood Disaster Protection Act. The local Authority shall incorporate or cause to be incorporated: into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply With such clause when it is the owner); "If the Project is located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and if the sale of flood insurance has been made available under the National Flood Insurance Act .Of 19 3, the Owner agrees that the Project will be covered, during s ane in an an amount tat least mequal to ic or tits development ul life, by oor projod ectccost (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less. i MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES MOVIES L.,, Pageyl2 A^erdec 9-7' I 16. -;'At Least 20 percentum of the duelling units in any project placed under annual eantrlbutions cont wet in an;+ year after (September 26, 1975) shall be occupied by very low-inco.ne families. (1) Under section 3(1) of the Act: (2) Under section 4(a) of the Act: (a) * * * such loans (i. e., loans to.public housing agencies to help finance or refinance the development, acquisiticn, or operation of low-income housing projects by such agen- cies) shall bear interest at a rate specified by the Se- cretary which shall not be 1 -ass than a rate determined by the Secretary of the Treasuto taking into eonsi•dura'ion the current average market yield on outstanding market- able obligations of the United States with remaining periods to maturity comparable to the avera3e maturities of such loans, plus one-eighth of per centum. (3) Under section 6(a) of the Act: (a) * 4, * except in the case of housing prado,ainantly for the elderly, high-rise elevate- projects shall not be provided for families with children unless the•Secre- tary makes a determination that there is no practical alternative. (4) Under Section 6(b) of the Act: (b) * * * the cost of construction and equipment of the project (excluding lagd, demolition, and nondwelling facilities) on which the computation of any annual contributions under this Act may be based shall not ° exceed by more than 10 per centum the appropriate prototype cost for the area. (5) Under section 6(c) of the Act: (c) • •(1) the Secretary may require the public housing agency to review and revise its maximum income limits if the Secretary determines that changed conditions in the locality makes such revision necessary in achiev- ing the purpose of this Act (2) the public housing agency shall determine, and so certify to the Secretary, that each family in the project was admitted in accordance with duly adopted regulations and approved income limits; and the public housing agency shall review the incomes of families living in the project at intervals of two years (or at shorter intervals where the Secretary deem it desirable); (3) the public housing agency shall promptly notify (i) any applicant determined to be ineligible for admis� sion to the project of the basis for such determination and provide the applicant upon request, within a reason- able time after the determination is made with an oppor- tunity for an informal hearing on such determination, and (ii) any applicant determined to be eligible for admission to the project of the approximate date of occupancy insofar as such date can be reasonably deter- mined; and (4) the public housing agency shall comply with such procedures and requirements as the Secretary may pre- u scribe to assure that sound management practices will be followed in the operation of the project, including re- quirements pertaining to -- MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES y13 (A) the est3blit_-,en: f tenant selec.::n •22 �',' er"Cria i:esi-ned to fissure '3t - _ f'�:nc:c ;-76 in a reascn3^.1C ❑ertcd e_ ti—.,2, .- the•• project will incluce -ilieswitn a broad ram:,•_ of incomes and .._li avoid concentrations of low-income and de- prived families with serious social problems, but this shall not permit maintenance of vacancies to await hith- er income tenants where lower income tenants are availabLL; (B) the establishment of satisfactory pro- cedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment of rent; (C) the establishment of effective tenant - management relationships designed to assure that satisfactory standards of tenant security and project maintenance are for•,.ulatedoind that the public housing agency (together with tenant councils where they exist) enforces those standards fully and effectively; and (D) the development by local housing authority managements of viable homeownership oppor- tunity programs for low-income families capable of assuming the responsibilities of homeownership." (6) Undersection 6(d) or t L .;cam to --' (d) * * no annual contributions by the Secretary shall be made available for such project (i.e., low - •income housing project) unless such project (exclu- sive of any portion there of which is not assisted by annual contributions under this Act) is exempt from all real and personal property tares levied or imposed by the State, city, county, or other political'sub- division and such contract shall require the public housing agency to :hake payments in lieu of taxes equal i to 10 per centum of the sum of the annual shelter rents charged in such project, or such lesser amount as (i) is prescribed by State law, or (ii) is agreed to by the local governing body in its agreement for local cooperation with the public housing agency re- quired under section 5(e)(2) of this Act, or (iii) is due to failure of a local public body or bodies other than the public housing agency to perform any obliga- tion under such agreement. If any such projects is not exempt from all real and personal property taxes levied, or imposed by the State, city, county or other political subdivision, * 4 - * no annual contributions by the Secretary shall be made available for such pro'- ect unless and until the State, city, county, or other r political subdivision in -which such project is situated shall contribute, in the form of cash or tax remission, the amount by which the taxes paid with respect to the project exceed 10 per centum of the annual shelter rents charged in such project." (7) Under section 6(e) of the Act: (e) * * * whenever in any year the receipts of a public housing agency in connection with'a low-income housing ° project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges), an amount equal to such excess shall be applied, or set aside for application, to put - .poses which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions." (8) Under section 6(f) of the Act: (f) * * * .:hen the public housing a3ency and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, mak- ing it unusable for housing purposes, a program of mod- ifications or closeout shall be prepared. S_ i MICROFILMED BY 'JORM MICROLAB LEDAR RAPIDS -DES 1401NES V. (S) under section 12 of th • e Act: t t •r not less t:un the wa;•s Preva?lin; in the to- cality' as datermi:ed or 2copted (subsequent to a deter. urination under .tppllcaDle State.or Local law) by the • Secretary, shall be paid to all archite Ccs, tec�.nical 2R- gineers, drafts. -..en, and technicians enploved in the de- velopment, and all maintenance laborers aid mechanics employed in the operation, of the low-income housing project involved; and = y- � not less than the waxes pre- vailing in the locatity,as predetermined by the Sacre- tart' of Labor pursuant':D the Davis -Bacon Act (49 Stat. 1011), shall be paid to all laborers and mechanics em- ployed in the development of the project involved (in- cluding a project with nine or more units assisted under section 8 of this Act, where the public housing agency or the Secretary and the building or sponsor enter into as agreement for such use before construction or rehab- ilitation is commenced), : * t. - Section The parties agree that -if and when the Government approves a revised form of Annual Contributions Contract to be used in lieu of this modified HUD Form 53010B, then they will execute an amendment to this contract sub- stituting the said revised form. IN W1771ESS UH -ME -OF, The Local Authority and the Govern_-cnt have caused this Contract to be executed in their respective names and the Local Authority has caused its seal to be hereunto affixed and attested as of the Date of This Contract first above written. CITY.OF IOWA CITY, IOWA (S=) John R. Balmer, May,, - __ ri ry sart nrk (Type Name d Title) 4dftiAes nd Title) ' A`1!_4ICA sing `u�d_1T�tban ;evelopment ayne! Act Supervisor r a F. Raeaivea IL ApprooA Ey The legal Depad mht =77— MICROFILMED . _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40IMES I PROJECT LOAN NOTE HUD•9204 (II -681 IOWA CITY HOUSING AUTHORITY (herein called the "Local Authority") for value received promises to pay upon demand to the United Slates of America (herein called the "Government") or order an amount, with interest thereon to the dote of payment, equal to the aggregate amount of ad. vances made to the Local Authority by the Government pursuant to the Annual Contributions Contract (herein tolled the "Contract") between the Local Authority and the Government with respect to the low -rent housing Project as hereinafter set forth. The Contract, Project, and maximum aggregate amount of advances are as follows: Contract No. and Dote: #KC —9132 June 4, 1981 Project No.: IA 22-3 Maximum Aggregate Amount of Advances: $ 1, 701 , 379. - This Note is issued to aid in financing the above -designated Project pursuant to the constitution and statutes of the govern. mental entity specified below and herein called the "State", and pursuant to the provisions of a resolution (herein called the "Resolution") duly adopted by the Local Authority on the dote, as follows: STATE RESOLUTION ADOPTED IOWA JUNE 2, 1981 Interest hereon shall accrue at the interest rote applicable to the Project as provided in the Contract only upon the difference in amount from time to time between the aggregate amount of advances and the aggregate amount of repayments of principal made on this Note. Each payment on account of this Note shall be applied to interest then accrued and the remainder to principal. Each ad. vance, repayment, and interest payment on this Note shall be duly recorded by the Government, by dale, amount and type, upon the "Statement of Advances and Repayments" which is made a part of this Note whether appeoring on the reverse hereof or all ached hereto. Both principal of and interest on I h i s Note are payable of the office of the Secretary of Housing and Urban Development in the City of Washington, D.C., in lawful money of the United Slates of America, but the Local Authority may issue and deliver to the Gwernment its Permanent Note (as defined in the Contract) in payment of all or any portion of the indebtedness hereunder as may be agreed upon by such parties. The full faith and credit of the Local Authority is hereby pledged for the payment of the principal of and interest on this Note. This Note, together with oil other notes issued pursuant to the Resolution with respect to the above -designated Project, is additionally secured by (1) a first pledge of a specific portion of the annual contributions payable to the Local Authority and author- ised to be pledged to the payment of such Notes and the interest thereon, pursuant to the Contract and (2) a first pledge of and lien on the Residual Receipts (as defined in the Contract) of such Project. As additional security for the equal and ratable payment of the principal of and inletesl on this Note, together with all other notes issued pursuant to the Resolution with respect to the above -designated Project, the Local Authority, to the fullest extent permitted by the lows of the State, hereby pledges, mortgages, conveys and grants, and by this Note and the Resolution has pledged, mortgaged, conveyed and granted unto the Government, its If lerest in all the real and tangible personal property wheresoever situ- aled which if has acquired or may hereafter acquire in connection with or relating to the above -designated Project, including that certain real property relating to said Project and more particularly described in the trust instrument or any amendment thereto as executed and recorded by the Local Authority pursuant to the Contract. If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Aulborify to be fully obligated under the other provisions of this Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the princi- pal of and interest on this Note f rom other funds of the Local Authority as herein provided. The pledges and other obligations of the Local Authority under this Note shall be discharged upon payment of the entire in. debtedness hereunder. The Local Authority, for itself and its successors and assigns, hereby waives presentment, demand for payment, protest and notice of dishonor, and hereby consents that theholder of this Note shall have the right, without notice, to deal in any way, of any time, with the Local Authority, or to grant to the Local Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or forbearances whatsoever, or may release any of the security for this Note, without in any way affecting the liability of the Local Authority hereunder. No personal responsibility or accountability shall attach to any member of the Local Authority or to any person executing this Note by reason of the execution or issuance hereof. IT IS HEREBY CERTIFIED, RECITED AND DECLARED that all octs, conditions and things required by the constitution and statutes of the Stale to exist, happen or be performed, precedent to and in the issuance of this Note, do exist, have happened and have been performed in due time, form and manner as required by law. This Note shall not be a debt of any city, county, Slate or political subdivision thereof or any municipality and neither any city, county, Slate or political subdivision thereof or any muniei. pality shall be liable hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local Authority. This Note shall not constitute on indebtedness within the meaning of any constitutional or statutory public debt limita. tion or restriction. IN WITNESS WHEREOF, the Local Authority has caused this Note to be executed in its name and its seal to be impressed hereon and attested by its proper officers thereunto duly authorised, ondthis Note to be doled the 2ND day of JUNE 81 (SEAL) 19 v —1/(• .'d ...1, -tet—, .�_.•�r a.. MAYOR ATTEST -"Z' CITY C FRRRK L'. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140114ES L Received & Approved By The legal Deparhnent l HUD -5417 R., 9/70 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NOTE SIGNATURE CERTIFICATE We, the undersigned officers of THE IOWA CITY HOUSING AUTHORITY (herein called the "Local Authority") do hereby certify that, on the 2ND day of JUNE , 19 81, we officially signed on behalf of the Local Authority its PROJECT LOANNote No. dated .'June '.2, 1981 , and payable to the United States of America or order, being, on the date of such signing and on the date hereof, the duly chosen, qualified and acting officers authorized to execute said Note and holding the offices indicated by the official titles opposite our names; and that the corporate seal of the Local Authority appearing upon said Note and upon this certificate is the legally adopted, proper and only official seal of the Local Authority. Witness our hands and said corporate seal this 2ND day of JUNE , 1981. Signature Official Title IdAYOR\ CITY CLERK/(/',�',, v i Signatures above and upon the above-described Note guaranteed as tbosc of the officers respectively designated. JAMES A. SANGSTER SENIOR VICE PRESIDENT G A EIR . NATIONAL �kP;l LQV1'A C ,��� Me ber\?ederal Deposlt3 Insurance Co. or tion Receivad & Approved By The Legal Department 271570-P u� 6-1— X/ HUD-W..h., D.C. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES L 1 I, In 10-52250 i ily IV66 (Formerly PHA -2250) PERMANENT NOTE No. 1 IOWA CITY HOUSING AUTHORITY, (herein called ti,e "Local Authority") for value received promises to pay on or before tt:e maturity date. of this Note to the United States of America (herein called the "Government") or order an amount, with interest thereon to the date of payment, equal to the aggregate amount of advances made to the Local Authority by the Government pur- suant to the Annual Contributions Contract (herein called the "Contract^) between the Local Authority and the Government with respect to the low -rent housing Projects as hereinafter set forth. The Contract, Projects, and maximum aggregate amount of advances, are as follows: Contract Date: KC -9132 dated June 4, 1981 Projects Numbered: IA 22-3 Maximum Aggregate Amount of Advances: $ 1,701,379. This Note is issued to aid in financing the above -designated Projects pursuant to the Constitution and statutes of the governmental entity specified below and herein called the "State", and pursuant to the provisions of a resolution (herein called the "Resolution") duly adopted by the Local Authority on the date, as follows: State Resolution Adopted IOWA JUNE 2, 1981 Interest hereon shall accrue at the interest rate applicable to the Projects as provided in the Annual Contributions Contract only upon the difference in amount from time to time between the aggregate amount of advances and the aggregate amount of repayments of principal made on this Note. Each advance, repayment, and interest pay- ment on this Note shall be duly recorded by the holder hereof, by date, amount and type, upon the "Statement of Advances and Repayments on account of Note" attached to and made a part of this Note. This Note shall be payable in annual installments on the first day of the mouth next following the Annual Contribution Date (as defined in the Contract) applicable to the Projects and in any event the .final balance of this Note shall become due and payable on the first day of the month next following the last Annual Contribution Date applicable to the Projects. Each payment on account of this Note shall be applied to interest then accrued and the remainder to principal, and the Local Author- ity shall, on each payment date, apply all available funds hereinafter pledged as security for this Note and interest hereon to such payment. Both principal of and interest on this Note are payable at the office of the Fiscal Agent (as designated pursuant to the Contract), or at the option of the holder, at the office of the Sec- retary of Mousing and Urban Development in the City of Washington, D. C., in lawful money of the United States of America, unless exchanged as hereinafter provided. This Note shall not be a debt of any city, county, State or political subdivision thereof or any municipality and neither any city, county, State or political subdivi- sion thereof or any municipality shall be liable hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local Authority. This Note shall not constitute an indebtedness within the meaning of any constitutional or statutory public debt limitation or restriction. Tile full faith and credit of the Local Authority are hereby pledged for the psy- meat of the principal of and interest on this Note. This Note, together with all other notes issued pursuant to the Resolution with respt.et to the above -designated Projects, is additionally secured by (1) a first pledge of a specific portion of the annual contributions payable to the Local Authority and authorizsd to be pledged to the payment of such Notes and the interest thereon, pursu- ant to the Annual Contributions Contract and (2) by a pledge of and lien on the resid- ual. Receipts (as defined in the Contract) of Permanently Financed Projects (as defined -1- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140INES 4� i � F NOD -52250 July 1966 _. (Formerly PPA -2250) in the Contract) after providing for the payment of the Bonds (as defined in the Con- tract) issued in connection with such Parmanently Financed Projects. The pledge and other obligations of the Local Authority under this Note shall be discharged at or prior to the maturity of this Note upon payment of the entire indebtedness. As additional security for the equal and ratable payment of the principal of and interest on this Note, together with all other notes issued pursuant to the Resolut`_on with respect to the above-deeignated Projects, the Local Authority, to the fullest axtent permitted by the laws of the State, hereby pledgee, mortgagee, conveys and grants, and by this Note and the Resolution has pledged, mortgaged, conveyed and granted unto the Government all the real and tangible personal property wheresoever situated which it has acquired or may hereafter acquire in connection with or relating to the above -designated Projects, including that certain real property relating to said rrojects and more particularly described in the trust inetruaant or any amendment thereto as executed and recorded by the Local Authority pursuant to the Contract: Pro- vided, That the lien of such pledge and mortgage and the rights granted and conveyea— pursuant to this paragraph shall (1) be junior to the Bonds and junior to the pledge of Residual Receipts securing'the Bonds, and (2) not be foreclosable until all Bonds shall have been paid and discharged in the manner provided in the Bond Resolutions (as defined in the Contract). If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on this Note from other funds of the Local Authority as herein provided. In the event (a) there is any default in the payment of any installment of this Note, or (b) the Local Authority is in Substantial Default or Substantial Breach (as such terms are defined in the Contract) under the Contract, or (c) the Contract is ter- minated, then the holder of this Note at his election may, by written notice to the Local Authority, declare the unpaid balance of principal and interest of this Note imme- diately due and payable. Failure of such holder to declare this Note due and payable upon occurrence of any of the events as aforesaid shall not constitute a waiver of such right in the event of any subsequent occurrence of any ouch event. This Note may be exchanged at any time after the issuance of the Actual Development Cost Certificate (an defined in the Contract) with respect to the above -designated Proj- ects, upon demand by and without charge to the holder hereof for a note or notes of the Local Authority in the aggregate principal amount equal to the than unpaid indebtedness hereunder which note or notes shall be payable serially or in installments, ss the holder may specify, equal to the specific portion of the annual contributions payable to the Local Authority and authorized to be pledged to the payment of this Note. The Local Authority, for itself and its successors and Resigns, hereby waives pre- sentment, demand for payment, protest and notice of dishonor, and hereby consents that the bolder of this Note shall have the right, without notice, to deal in any way, at any time, with the Local Authority, or to grant to the Local Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or forbearances whatsoever, or may release any of the security for this Note, without in any way affect- ing the liability of the Local Authority hereunder. No personal responsibility or accountability shall attach to any member of the Local Authority or to any parson executing this Note by reason of the execution or issu- ance hereof. It is hereby certified, recited and declared that this Note has been issued by the Local Authority to aid in the financing of a housing project to provide dwelling accommo- dations for persons of low income, and that all acts, condition and things required by the Constitution and statutes of the State to exist, happen or be performed, precedent to and in the issuance of this Note, have happened and have been performed in due time, form and manner as required by law. IN KITHESS WHEREOF, the Local Authority has caused this Note to be executed in its name and its seal to be impressed hereon and attested by its proper officers there- unto duly authorized, and this Note to be dated the 2ND day of JUNE , 19 81• (SEAL) JidAYOR ATTEST: Received & Approved CITY CLERK •ms GOVERNMENT PmR,ByoiThe,Legal a:Doparhnent MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES i Q1_ ,M L.. HUD -5417 .. R... Ino I U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NOTE SIGNATURE CERTIFICATE We, the undersigned officers of THE IOWA CITY HOUSING AUTHORITY (herein called the "Local Authority") do hereby certify that, on the 2ND day of JUNE , 19 81, we Officially signed on behalf of the Local Authority its PERMANENT Note No. 1 dated June 2, 1981 and payable to the United States of America or order, being, on the date of such signing and on the date hereof, the duly chosen, qualified and acting officers authorized to execute said Rote and holding the offices indicated by the official titles opposite our names; and that the corporate seal of the Local Authority appearing upon said Note and upon this certificate is the legally adopted, proper and only official seal of the Local Authority. i Witness our hands and said corporate seal this 2NDday of JUNE , 1981. Signature Official Title SEAL , 1 I 1 Signatures above and upon the above-described Note guaranteed as those of the officers respectively designated. JAMES A. SANGSTER SENIOR VICE PRESIDE T 4 �R FIRST "T' "'A D^A11 Memb Fe erel Deposit urance Corp ati n i �'exEvs:: Approvod Lay the Legal Drpzenient 771570_P HUD-Wo,k., D.C. j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES � First National Bank 204 EA SI INASHINGION. IOWA CITY, IOWA 52240 PHONE 351-7000 AREA CODE 319 I May 28,. 1981 Lyle Seydel City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Lyle: James A. Sangster Seniw Vice P esidanl ,nd C„hiv Enclosed are the following executed forms for the new Iowa City Housing Program IA 22-3 checking account: 1. Signature card and speciman signature card. 2. Two copies of HUD Form 274, Designation Of Depository For Direct Deposit Of Loan And/Or Grant Funds. 3. Two copies of Form HUD -51999, which is a General Depository Agreement. The Board of Directors Resolution will be forwarded after our next board meeting, which will be June 9, 1981. If there is anything further that is needed, please contact me. Sincerely, JAS/lj Senior Vice President and Cashier enclosures i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOIRES —_.T l"- �'^�ii:~i v t b.� r+Ja'•^;"M� tik.+y��tr'"a•rLvuv .. irk a �Y r./:'. /r11 o;' :.r:.. I aC:�:'t% / .'�s'rpw ',ir:`fi✓Sr �.•" x:.:.% t.il.N. ��. r..•: . i a ..,. ,.-. .._ . ., +.�J .. .).. J..'V nL{Mli,�r y��r: rP{'ff ��..R:.xJ 4-1 r.,:.a:.. •.. 11 .•,(i, �" l } Y.' Ir��✓N8 4] Tl4yf.4n } : ., •I. .ell. �w r... t I. <kkt^IY �•j )k(^'�`xYti Y yr Y Y"r '4 .♦ 4 %il ) > r • g. .F ( FA q �: 11 ... .. �... �ic-+A A(•(/t' ITnrb♦Vi�T \��(!,I't� STa Y t f '.l. ] / � 1 t•'k, g'/ \ T e 2 !. 1 i'.1 I r,. , : V 1. J 5 U a T y 5 S Y 1 1A•d a i J• .'r S A w, Y TA At Y. i ,. • '. V �1 � R4.4 . tt it it4 ty si � r T. 1 t 1 7 y ✓ i rt Vr eybJ Oy Y d 't �♦y'xt � 1 1 U.I. DEPARTMENT Or NOUIINO AND UI10AN ORVULC MIf NT DESIGNATION OF DEPOSITARY FOR DIRECT DEPOSIT OF LOAtl AND/OR GRANT FUNDS SUCTION 1 fro be Compitted by recipient or animation) OF t•NoonAN IOWA CITY HOUSING PROGRAM IA 22-3 The FIRST NATIONAL BANK, 204 E. WASHINGTON, IOWA CITY, IOWA 52240 (Name. Addrrss and ZIP Code of flank or Lonlf (;uvrrnmrnt Treasury) has been designated as the depository for all funds to be received directly from the U.S, Treasury Department resulting from contract number 9132 executed with the U.S. Department of Housing and Urban Development for deposit to: IOWA CITY HOUSING PROGRAM IA 22-3 010 040 4 (Account Name and/or Number) IOWA CITY HOUSING AUTHORITY CIVIC CENTER, 410 E. WASHINGTON, IOWA CITY, (Name) (Address and ZIP Code) IOWA 52240 � MAYOR OF IOWA CITY JOHN R. PALMER JUNE 3. 1981 (Title of Executive Officer) (Signature of Executive Officer) (Dote) ,.-meq {OITION W1 me USED 4- JORM MICROLAB CEDAR RAPIDS•DES I401NES i The account Identified in Section 1 has been established with this bank (or treasury as appllcokle). All necessary documentation, including a power of attorney where necessary, which will legally enable this depositary to receive U.S. Government checks directly from the U.S. Treasury Department for deposit to; IOWA CITY HOUSING PROGRAM IA 22-3 ACCOUNT NUMBER 010 040 4 ' (Account Name and/or Nan Der) without the payee's endorsement have been received and are in this depositary's custody. Thio depositary's deposits are Insured by: FEDERAL DEPOSIT INSURANCE CORPORATION FIRST NATIONAL BANK (Nowa of Bank nr Treasury) SENIOR VICE PRESIDENT E CASHIER (Tido of Aatherlad Bank officer) (S!/naturs (a—ur 204 E. WASHINGTON, IOWA CITY, IOWA 52240 (Addrers and ZIP Coda w►on elrekt sh*Wd M Aird) A. SA Boal or JUNE 3, 1981 (D"4) 7 Sr - 1h', d j — { iJ�1N r � i A a 204 E. WASHINGTON, IOWA CITY, IOWA 52240 (Addrers and ZIP Coda w►on elrekt sh*Wd M Aird) A. SA Boal or JUNE 3, 1981 (D"4) �Tx? r , :v Z`+„ /r+''I:af'r.'.'t,..Ct mac' ..:- 'I^h�+.rn,1\i -." •G :+yt t i:ti'tY "^.or'e�{r,9Y i r f,.we" / - ,,;..•,,.. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 7 Sr - 1h', d j — { r � A a .. r .JI'. 4..I...Y.l,�=����/1MTr(j{{�ltii.�A\r:,111 \ �I!ti.'��]rlVi v✓..WW�.w1%M1iC `I df.YfaiW ).. �Tx? r , :v Z`+„ /r+''I:af'r.'.'t,..Ct mac' ..:- 'I^h�+.rn,1\i -." •G :+yt t i:ti'tY "^.or'e�{r,9Y i r f,.we" / - ,,;..•,,.. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES r L .. r 1.' �Tx? r , :v Z`+„ /r+''I:af'r.'.'t,..Ct mac' ..:- 'I^h�+.rn,1\i -." •G :+yt t i:ti'tY "^.or'e�{r,9Y i r f,.we" / - ,,;..•,,.. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 1 HUD -51999 Rev. 1171 W GENERAL DEPOSITARY AGREEMENT THIS AGREEMENT, entered into this 3RD day of ,LUNE , 19 e1 , by and between THE CITY COUNCIL OF IOWA. CITY (herein called the "Local Authority"), a duly organized and existing public body corporate and politic of the CITY of IOWA CITY , and FIRST NATIONAL BANK OF IOWA CITY (herein called the "Bank"), located at 204 E. WASHINGTON, IOWA CITY, IOWA WITNESSETH: WHEREAS, the Local Authority is undertaking the development and/or operation of certain housing pursuant to the terms of one or more contracts which may be amended or superseded (herein individually and collectively called the "Contract") between the Local Authority and the United States of America (herein called the "Government"), which projects are identified as follows: Project No. Name of Project IA 22-3 IOWA CITY HOUSING PROGRAM and WHEREAS, under the terms of the Contract the Local Authority has agreed to deposit certain monies received by the Local Authority in connection with the afore- said projects with one or more banks under the terms and conditions specified in this General Depositary Agreement and may also deposit under the terms hereof certain amounts received in connection with any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest, NOW FURTHER WITNESSETH:• :. In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: 1. The Bank is and shall continue to be a member of the Federal Deposit In-., surance Corporation as long as this Agreement is in force and effect. 2. All monies deposited by the Local Authority with the Bank under the terms of this Agreement shall be credited to the Local Authority in a separate account, designated 1' IOWA CITY HOUSING PROGRAM NIA -22-3, 010 040 4 Account" (herein called the "Account!'). All monies in the Account in excess of the amounts insured by the Federal Deposit Insurance Corporation shall be fully and continuously secured by the Bank by the deposit or setting aside of collateral of the types and in the manner as is prescribed by State law for the security of public funds. Said collateral shall at all times be of a market value at least equal to the amount of the monies so secured. 3. The Bank shall honor any (a) check or order drawn by the Local Authority upon the Account or (b) directive to purchase or sell securities pursuant to Para- graph 4, if such check, order, or directive is signed on behalf of the Local Authbri- ty by an officer or member. designated by resolution, .a certified copy of which resolution or certification by a proper officer of the Local Authority as to the adop- tion of such resolution, shall be furnished by the Local Authority to the.Bank. 4. The Bank shall purchase, with monies from the Account, and sell invest- ment securities as the Local Authority may direct. Such securities and any other securities which may be deposited by the Local Authority with the Bank under the terms of this Agreement shall be considered to be a part of the Account and shall be held by the Bank in safekeeping for account of the Local Authority until sold. Interest on such securities and the proceeds from the sale thereof shall be deposited in the Account upon receipt. 4_ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I . 5. If the Bank receives written notice from the Government that no withdrawals by the Local Authority from the Account are to be permitted until thereafter author- ized by the Government, the Bank shall not honor any check or order of the Local Authority drawn upon the Account, or permit any withdrawal by the Local Authority from said Account until expressly authorized so to do by written notice from the ` Government. 6. The Bank is not obligated to be familiar, and shall not be charged, with knowledge of the provisions of the Contract, and shall be under no duty to investi- gate or determine whether any action taken by either the Local Authority or the Government in respect of the Account is consistent with or is authorized by the Contract or whether either the Local Authority or the Government is in default under the provisions of the Contract. The Bank shall be fully justified in accepting and acting upon, without investigation, any certificate or notice furnished to it pursuant to the provisions of this Agreement and which the Bank shall in good faith believe to have been duly authorized and executed on behalf of the party in whose name the same purports to have been made or executed. 7. The rights and duties of the Bank under this Agreement shall not be trans- ferred or assigned by the Bank without the prior written approval of the Local Authority. This Agreement may be terminated by either party hereto upon sixty days' written notice to the other party, a copy of which notice shall be promptly furnished to the Government. The rights and duties of the Bank hereunder shall not be transferred or assigned nor shall this Agreement be terminated during any period in which the Bank is required to refuse to permit withdrawals from the Account as provided in Paragraph S. . 8. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one -and the same instrument. .9. The depositary agreement heretofore entered into between the Bank a } with reference to Projects No. is hereby terminated and all d securities of the Lo ority o 't with or held by the Banko the term agreement shall continue to r account of 3 y pursuant to and in accordance with the provisions oen- sitary Agreement. IN WITNESS WHEREOF, the Local Authority and the Bank have caused this Agreement to be executed in their respective names and their respective seals to be impressed hereon and attested all as of the date and year first above written. (SEAL) ATTEST: Secretary (SEAL) ATTGE!-'T`����� -CITY OF IOWA CITY Local Authority BZ�Z�. ��� W JOHN R. BALMER, MAYOR FIRST NATIONAL RANK IOWA CITY IOWA Bank By JAM SANGSTER SENI R ICE PRESIDENT E CASHIER NOTE: Strike paragraph 9 if not applicable. )11063-P L. 4� MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 11k;1ved $ Approved By The Legal Department -zYG 9-7.4I HUD -HAA, Wosh., D.C. ,,us. 0ovrn .'.1ctn WWl1u,o orr6C 197, ro357157 i nun.9;el 19-74) U.'.. Dr PAR TMENT CI NUUSrIG Aqu URBAN UEYN OPMENI RESOLUTION NO. 81-131 4 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT AND GENERAL DEPOSITARY AGREEMENT AND ISSUANCE OF PROJECT LOAN AND PERMANENT NOTES WHEREAS the IOWA CITY HOUSING AUTHORITY (herein called the"Local prol,sc (1) to oiler int,• :,1 Ann i:d rbnl,ihr,lions Conlruct (herein called the "Contract") with [Ile United of Ameik;, !heroin c"Ilyd the ,GurenaarIIt";: ;2) it, enter into an agreement (herein called the "General Dlyn,xilary Agreement") with tine or mart- banks, each of which is a member of the Federal Deposit Insurance Corporation; and (3) to authorize the issuance of its notes as evidence of advances to be made to the Local Author;-%- Inrlsuanl to the Contract; all with respect to nary "project" as defined in the Contract and which at any lime now or hereafter is incorporated under the terms of such Contract. NOW, THEREFORE, BE IT RESOLVED by Ila: Local Aulhorily as follows: section I. 'rhe Contract, numbered Contract No....._KC79.132.. is hereby PI P roved and accepted both as to form ;Intl substance and Ibe _ _ MAYOR_ _ s execute said Contract in quadruplic•:de on behalf of the Loral Aulhorily, and llercCITYtICLERK and directed to is hereby authorized :Ind directed to impress :and attest the official seat of the Loral Authority on each such counterpart and to forward three executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The General Depositary Agreement. Su Ictantially in file form "f Form No. HUD -51999A, is herefiv approved and accepted both as to farm and st.bst:mce and is incorpa•rated herein by reference and made a part hereof. 'rhe _y MAYOR hereby :authorized and directed to execulo said Agreemh fit in quintuplicnte on behalf of the Local Authority, rs and tu• _ . CITY CLERK _ is her -:by authorized and directed to impress and attest the official l seal of the Local Authority on each such countag,art and to forward three executed counterparts thereof to till- Government together will, such other documents evidencing the approval and authorizing the execution thereof .as may be requirr,l by the Government. Section 3. The DIRECTOR.OF FINANCE. _ is hereby :mthorirrJ to file with the Government from time to time. as monies :Ira. required, requisitiems I g(.thl.r with l oca Ltae nece•sary supiwrting documents lin advances to he made an account til the I•mn luuvadeJ in the Contra't.:Iod the proper officers of the Local Antlhmity shall prepare, execute :Ind deliver to tine Gmcnunenl Notes hereinafter authorized and shall accept payuucal therefor from the Government in cash :mdior exchange for other Notes of the Local Authority, and such persons are nulhorized to Ju ;aid perform all other things and "cls required to be done or performed in order to obtain such advances. Cosh proceeds fru, the Side of all Nates shall be deposited and disbursed only in accordance with the provisions of tileC'onirnet. Section 4, (A) In order to provide monies :nfi lance Ihr Dcv'elopmrnl Cost of each Project find to refund, renew. extend at substitute for any Project Luau Notes (in the Gmtract rolled "Advance Notes") or Permanent I Notes by this Resolution autturi zed Ie be issued (fir may such Notes toy any other resolution authorized to be issued and which arc owls ending, fir nn deposit fnrdelivery pending pfiyou•nt therefor. asof the dale this Resolution becomes effective), or for ally Project Notes (in the Contract called "Temporary Notes") issued by the Local Authority in anlicipalioa of thedelivohvof Pmjcet Loan or Permanent Notes, there are herebyauthoi- ized to be issued, from lime to time. project Lr:m and 1'crmauent Notes of the. LocuLAulhority in an aggregate principal amount uuts Nm iiug ;d am• ver blue I nether rothorized by this Resolution or any other resolution authorizing the itisuancc of Prujerl Loan or Prrmancnl Notes) equal to the t,laximum Development Cost (or the Actual Development Cost. if site], :,mount fins then been determined) of each Project, less the sum of (1) the principal amnunl of Bonds issued to finance Illicit Development Cost and (2) the principal amount of Project Loan, Permmeal, or Project Not as issued in finance such Development Cost unci which has Ilion been retired from funds other than the proceeds of any loan obtained by the Local Authority. (13) Each sur.], Note stud[ bear interest and be p:p•nbly is tine form and manner prescribed by the t'onirncl load this Resolution; •:11:111 hu signed in the name of the Local Authority by Il,e MAYOR__ Shull have the official ":,I of due Local Authority impressed thercma and ";tested by the CI.TYL.CLERK__.--_— I?aril Project Loan Note shall he in substantially Iho !nun of Form No. 11110-9204 and eoc•h Permanent Note shall Ile u, suhst+mtiully the form of Form No, IIUD-5225U, ra$ of which forms ix incurpuraled herein by reference and nmtle :I part hrrouL Project Loan Notes and Permano+ni ?rotas Shull bo horned In finance the Development Cost of Nun-I'rnnalwally Palliate I Trader U: raid Tarn.:m%••u,r Irmanced Projects, arsprrtively. l l') Eorh Nole-isstwli wmtll a•specl Io any 1110jecl sirdl br a direct :Ind general obligation of the Lural Aulhorily. the full faille and vielit tit wbicl! i.a hehebypledged fur tan• punrlurd puymrnt of the principal of load interest on such Notes, ;Ind, Ngtct"uwill, all other Notes issued pnrau:nrt to this Resolution, shall be odd ttranlol ly secured by (1) If first pledge of the annual contributions payable to the Local Authority and authorized to be pledged to such payment pursuant to IIIe Contmet find (2) by a pledge of and lien on the Residual Receipts of such Project 'offer pmoviding for the payment of Kinds issued in respect to such Project. (D) As additional sccunity for the uqunl and ratable Payment of the principal of and interest on each Nate issued with respect In tiny Project, together with each other Note issued with respect to such Project, the Local Authority, In the fullcsl extent permitted I.y tlnr Laws of the Stull,•, hereby pledges, mortgages, conveys find grants unto the Government all properly drscribcd in the Contract constituting such Project, including that ecrluain mal property refilling to oaell rich Project and mere particularly described in file trust instrument or any amendment thereto as executed and r(TONIPd by the Local Authority purauont to the Contract: Provided, Pan mut .•d,fl, . , .t•. la . - "_1_ MICROFILMED DY JORM MICROLAB CEDAR RAPIDS -DES MOINES E, - E n That in respect to Permanently Financed Projects:lhe lien of such pledge and mortgage )" and rights granted and conveyed pursuant to this paragraph shall (I) be junior to the Bonds and junior to the pledge of Residual Receipts securing the Bonds, and (2) not be foreclosable until all Bonds shall have been paid and discharged in the manner provided in the Bond Resolutions. If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to b.e fully obligated under the other provisions of this Resolution and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on each Note from other funds of the I Local Authority as herein provided. I Section S. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Contract shall have the respective meanings ascribed thereto in the Contract. Section 6. All resolutions or parts of resolutions heretofore adopted bylhe Local Authority which authorize the issuance and/or delivery of Advance, Project Loan or Permanent Notes pursuant to the Contract are hereby repealed: Provided, however, That such repeal shall in no way affect the validity of Advance, Project Loan or Permanent Notes issued pursuant to said resolutions which are outstanding or on deposit for delivery pending payment therefor on the date this Resolution becomes effective: Provided further, That the Project Loan Notes r authorized by this Resolution shall be exchanged for any Advance Notes heretofore issued pursuant to any previous resolution. Section 7. This Resolution shall take effect immediately. j IT WAS MOVED BY Neuhauser AND SECONDED BY Perret THAT THE RESOLUTION WAS READ AND ADOPTED, AND UPON ROLL CALL THERE WERE: i AYES: NAYS: ABSENT: i X BALMER x ERDAHL X LYNCH X NEUHAUSER j X PERRET 11 X ROBERTS X VEVERA PASSED AND APPROVED THIS 2nd DAY OF June 1981. �_1ZImU6- R "ATTEST: CITY CLERK' f i i Received $ Approved jBy The Legal Department 6— /- / i I HUD -9701 (9-71) GPO a$3. 062 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES Z' ..._ EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A regular MEETING OF THE City Council OF THE City of Iowa City HELD ON THE 2nd DAY OF June I The City Council HUD -9012 (11-68) of the City of Iowa City met in a regular meeting at the Civic Center in the City of Iowa City , Iowa , at the plece, hour, and date duly established for the holding of such meeting. The Mayor called the meeting to order and on roll call the folloving answered present: Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. The Mayor declared a quor4m, present. • • a i • A • ♦ ! • • * • t ♦ 41 • • a 8 I! li i II i i I i 1 I 1 233978-P j MICROFILMED BY JORM MICROLAB 1 CEDAR RAPIDS -DES 140INES 5., R.,, HUD -9011 (11-68) CERTIFICATE OF RECORDING OFFICER I� Abbie Stolfus , the duly appointed, qualified and acting City Clerk of Iowa City do hereby certify that the attached extract from the minutes of the June 2nd, 1981 meeting of the City Council of the City of Iowa City , held on June 2nd, 1981 is a true and correct copy of the original minutes of such meeting on file and of record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said City this 2nd day of June , 19 81 . (SEAL) j MICROFILMED BY `JORM MICRO_ LAB -CEDAR RAPIDS -DES MOINES cro 90:•623 I: jr i i B HUD -9014 (11-61) The following resolution was introduced by the Mayor read in full and considered: Neuhauser moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Perret , and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Roberts, Balmer, Erdahl, Lynch, Vevera Neuhauser, Perret 1. CPO 60"Al Out c>vPr�Ul .nuinc arRt IW......lyr,p MICROFILMED BY 'DORM MICROLAB CEDAR RAPIDS -DES IAOIRES i GENERAL CERTIFICATE I, Abbie Stolfus, DO HEREBY CERTIFY as follows: 1. That 1 am the duly appointed, qualified, and acting City Clerk of the City of Iowa City (herein called the "Local Agency"). In such capacity, 1 am custodian of its records and am familiar with its organization, membership, and activities. 2. Thab the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the authority of the constitution and statutes of the State of Iowa including, particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of the Local Agency and of its principal officers are as follows: NAME & OFFICE (s) John Balmer Mayor Councilman Glenn E. Roberts Mayor Pro tem Councilman Clemens Erdahl Councilman Lawrence Lynch Councilman Mary C. Neuhauser Councilwoman David Perret Councilman Robert A. Vevera Councilman Neal Berlin City Manager John Hayek City Attorney Abbie Stolfus City Clerk DATE OF ELECTION OR APPOINTMENT 1/2/80 11/6/79 1/2/80 11/8/77 11/8/77 11/6/79 11/6/79 11/6/79 11/8/77 1/14/75 10/2/73 9/1/70 DATE OF COM- MENCEMENT OF TERM OF OFFICE 1/2/80 1/2/80 1/2/80 1/2/78 1/2/78 1/2/80 1/2/80 1/2/80 1/2/78 1/14/75 1/2/80 1/2/80 DATE OF EXPIRA- TION OF TERM OF OFFICE 1/2/82 1/2/84 1/2/82 1/2/82 1/2/82 1/2/84 1/2/84 1/2/84 1/2/82 Indefinite 1/2/82 1/2/82 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or undertaking has filed such bond or undertaking in form and amount as required by law and has otherwise duly qualified to ad1t in the official capacity above designated, and each is the acting officer holding the respective office or offices stated beside his name. 6. None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. Note: A question had arisen as to the status of Councilman Robert Vevera who was elected November, 4 1975, and sworn in as Councilman in January, 1976. The Council has determined not to seek a Declaratory Judgment. i 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item 6. j 4_ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4 Page 2 General Certificate to 8. Since October 7, 1980, there have been no changes in or amendments the charter, by-laws, ordinances, resolutions, or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; c) The requirements concerning a quorum; d) • The manner in which the charter or by-laws of Local Agency may be amended; The requirements the e) adoption, approval, e9 and n9publiicationod of Yo resolutions, ordinances, or other measures, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency; f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976, the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official_ seal of the Local Agency this 2nd da,Tune 19 81 y A88IE STOLFUS CITY CLERK j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES i RESOLUTION NO. LUTION AUTHORIZING EXECUTION OF GENERAL DEPOSITORY EMENT WITH THE FIRST NATIONAL BANK. WHEREAS, the City of Iowa City, Iowa (herein called the "Local Authority") has entered into an Annual Contributions Contract with the United States of America (herein called the "Government") viding for financial assistance b the Government to the Local uthority under the United States Housing ct of 1937 (42 U.S.C. 140 t seq.) now proposes to enter into an agreeme (herein called the "Ge ral Depository Agreement") with the First Nation 1 Bank of Iowa City Iowa which is a member of the Federal Deposit In rance Corporation nd is herein called the "Bank". BE IT RESOLVED BY THE OCA AUTHORI AS FOLLOWS: Section 1. The General I the agreement hereto att accepted both as to form and directed to execute Local Authority, and the impress and attest the o counterpart, and to forl i Government, togethe7eet h such and authorizing thxecution Government. by Agreement in substantially the form of d marked Exhibit A is hereby approved and stance and the Mayor is hereby authorized eement in quintuplicate on behalf of the erk is hereby authorized and directed to eal of the Local Authority to each such e executed counterparts thereof to the of r documents evidencing the approval th eof as may be required by the Section 2. Whenev r the following terms, or any of them are used in this Iffesolut on, the arae, unless the contra t shall indicate another or different meani or intent shall be const ued and are intended to have the meaning as or (1) The ter "Resolution" shall mean this Reso ution. (2) All her terms used in this Resolution anc{which are defined in the Gen al Depository Agreement shall have the respective meanings as ibed thereto in the General Depository Agreement. It was moved by and seconded by that the Resol tion as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer. Erdahl Lynch _ Neuhauser _ Perret _ Roberts Vevera %P,5 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES i Resolution No. Page 2 Passed and approved this day of 1981. MAYOR ATTEST: CITY CLERK Received A Approved "X,417d Deporhmr* S --a 7— F/ j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES 7ff _f r NUD•97o1 19-741 U.S. aP PAR TMENT Or HOUSING AND URBAN DEVEL OPIdEUT RESOLUTION NO. 81-131 RESOLUTION AUTHORIZING EXECUTION OF ANNUAL CONTRIBUTIONS CONTRACT AND GENERAL DEPOSITARY AGREEMENT AND ISSUANCE OF PROJECT LOAN AND PERMANENT NOTES WHEREAS the __-.IOIYA CITY HOUSING AUTHORITY (herein called lhe"Local Atdborily") propose (l) to enter inut an Annual Contributions Contract (herein called the "Contract") with the United Stotts of Ameaic;, (herein called the, "Goveromenl" ): (2) to enter into an agreement (herein called the "General Depositary Agreement") with one or more banks, each of which is a member of the Federal Deposit Insurance Corporation; and (3) to authorize the issuance of its notes as evidence of advances to be made to the Lord Authority pursuant to the Contract; all with respect to any "Project" as defined in the Contract and which at any time now or hereafter is incorporated under the terms of such Contract NOW, THEREFORE, BE 11' RESOLVED by the. Local Authority as follows: Section 1. The Contract, numbered Contract No._..JSCr91Q2 is hereby approved and accepted both as to form and substance and lho .. ._ ____.MAYOR _ _ is hereby authorized and directed to execute said Contract in quadruplicate on behalf of the Local Authority, and the CITY CLERK is hereby authorized and directed to impress and attest the official seal of the Local Authority on each such counterpart and to forward three executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof as may be required by the Government. Section 2. The General Depositary Agreement, so islanlinlly in the form of Form No. HUD -51999A, is hereby approved and accepted both as to form and sebslanre and is incorporated herein by reference and made a part hereof. The MAYOR is hereby authorized and directed to execute said Agreement in quintuplicate on behalf of the Local Authority, and the_. __.. CITY.CLERK ...___ is hee.-by authorized and directed to impress and attest the official seal of the Local Authority on each such counbapatt and to forward three executed counterparts thereof to the Government together with such other documents evidencing the approval and authorizing the execution thereof its may be required by the Government. Section 3. The,_ __. _DIRECTOR -017_ FINANCE.- is hereby authorin•l to file with Mie Government from time to time. as monies are required, requisitions Iigethcr with the neew.sary supporting documents requesting advances to be made on account of the Iran provided in the Contra:.t, and the proper officers of the Local Authority shall prepare, execute and deliver to the Got ornment Notes hereinafter authorized and shall accept payment Therefor from the Government in cash rand/or exchange for other Notes of the Local Authority, and such persons are authorized to do and perform all Daher things and nets required to be done or performed in order to obtain such advances. Cash proceeds from the sale of all Notes shall be deposited and disbursed only in accordance with the provisions of the Contract. Section 4. (A) In order to provide monies to finance the Development Cost of cacti Project mnd to refund, renew, extend or substitute for any Project Loan `lutes (in (he Contract called "Advance Notes") or Permanent Nolen by this: Resol all on authorized to be issued (or any such Notes by any other resolution authorized to be issued and which are outstanding, or on deposit fordelivery pending payment therefor, asof the dale this Resolution becomes effective), or for any Project Notes (in file Contract called "Temporary Notes") issued by the Local Authority in anticipation of the delivery of Project Loan or Permanent Notes, there are hereby author- ized to be issued, from time to time, Project Lam and Permanent Notes of the Local Authority in an aggregate principal amount uulslanding at any one time I :,,Iivther authorized by this Resolution or any other resolution authorizing the i9suancc of Project Loan or Permanent Notes) equal It, the Maximum Development Cost (or the Actual Development Cost if such amount has then been determined) of each Projecl, less the sum of (1) the principal amount of Bonds issued to finance such Development Cost and (2) the principal amount of Project Loan, Permanent, or Project Notes issued to finance such Development Cost mod which has then been retired from funds other than the proceeds of any loam obtained by the Local Authority. (B) Each such Nota shall bear imerest and be payable in the form and manner prescribed by the Contract and this Resolulioh; shall be signed in the name of the Local Aulhotily by the _MAYO(-__.._ , shall have the official Riot of lite Lucid Authority impressed thereon and attested by the-CI.11.CLERIc _ . leach Project Loan Note shall be in substantially the Iran of Form No. IIID -9204 and each Permanent Note shall be in suhstonlially the form of Form No. IIUD-522511, each of which form:: is incorporated herein by reference and made it part hereof. Project Luau Nubs and Permanval Notes %hull be issued to finance the Development Cost of 'Non-Permanvolly Financed I;iojvets and Pvrmnp(-11,i Financed Projects, respectively. (C) Farb Nob-issto-d with respect to ;my Project shall he a direct and general obligation of the Local Authority, the full faith and crelit of tihic•I: i., hereby pledged for rho punctual payment of the principal of and Interest an such Notes, and, lor.0fi ar with all other Notes issued pursuant to (his Resolution, shall be additionally secured by (1) a first pledge of the annual contributions parable to the Local Authority and authorized to be pledged to such payment pursuant to the Contract and (2) by a pledge of and lien on the Residual Receipts of such Project after providing for the payment of Honds isaued in respect to such Project. (D) As additional security for the equal and ratable payment of the principal of and interest on each Note issued with respect to any Project, together with each other Note issued with respect to such Project, the Local Authority, to the fullest extent permitted by Tho Laws of the State, hereby pledges, mortgages, conveys and grants unto the Government all property described in the Contract constituting such Project, including that certain real properly relating to each ouch Project and marc particularly described in the trust instrument or tiny amendment thereto as executed and recorded by the Local Authority pursuant to the Contract: Provided, Preoiaea cditun:,•L.•Ir�• 4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 70 (5 That in respect to Permanently Financed Project::lhe lien of such pledge and mortgage and rights granted and conveyed pursuant to this paragraph shall (1) be junior to the Bonds and junior to the .� pledge of Residual Receipts securing the Bonds, and (2) not be foreclosable until all Bonds shall have been paid and discharged in the manner provided in the Bond Resolutions. If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to bo fully obligated under the other provisions of this Resolution and that such judgment shalt not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on each Note from other funds of the Local Authority as herein provided. Section 5. Whenever the following terms, or any of them, are used in this Resolution, the same, unless the context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) The term "Resolution" shall mean this Resolution. (2) All other terms used in this Resolution and which are defined in the Contract shall have the respective meanings ascribed thereto in the Contract. Section 6. All resolutions or parts of resolutions heretofore adopted bythe Local Authority which authorize the issuance and/or delivery of Advance, Project Loan or Permanent Notes pursuant to the Contract are hereby repealed: Provided, however, That such repeal shall in no way affect the validity of Advance, Project Loan or Permanent Notes issued pursuant to said resolutions which are outstanding or on deposit for delivery pending payment therefor on the date this Resolution becomes effective: Provided further, That the Project Loan Notes authorized by this Resolution shall be exchanged for any Advance Notes heretofore issued pursuant to any previous resolution. Section 7. This Resolution shall take effect immediately. IT WAS MOVED BY Neuhauser AND SECONDED BY Perret THAT THE RESOLUTION WAS READ. AND ADOPTED, AND UPON ROLL CALL THERE WERE: AYES: NAYSt ABSENT: I I X BALMER X ERDAHL -�i X LYNCH + X NEUHAUSER i . X PERRET" X . ROBERTS _ X VEVERA PASSED AND APPROVED THIS 2nd DAY OF June , 1981. � ! i 'ATTEST: •CITY CLERK Received & Approved by The Legal Department i. HUD -9201 (9-77) cro eer•eex MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES HUD -9012 11-68) EXTRACT FROM MINUTES OF MEETING EXTRACT FROM THE MINUTES OF A regular MEETING OF THE City Council OF THE City of Iowa City HELD ON THE 2nd DAY OF June 1981 i The City Council of the City of Iowa City met in a regular meeting at the Civic Center in the City of Iowa City Iowa at the place, hour, and date duly established for the holding of such meeting. The Mayor called the meeting to order and on roll call the following answered present; Erdahl, Lynch, Neuhauser, Perret, Roberts, Vevera. i i i Il �j The Mayor declared a quorum present. i 1 ' 233978-P 785 i MICROFILMED BY JORM MICRO_ LAB , CEDAR RAPIDS -DES MOINES l L. , The Mayor declared a quorum present. i 1 ' 233978-P 785 i MICROFILMED BY JORM MICRO_ LAB , CEDAR RAPIDS -DES MOINES l L. , HUD -9011 (i1-68) CERTIFICATE OF RECORDING OFFICER I, Abbie Stolfus , the duly appointed, qualified and acting City Clerk of Iowa City do hereby certify that the attached extract from the minutes of the June 2nd, 1981 meeting of the City Council of the City of Iowa City , held on June 2nd, 1981 is a true and correct copy of the original minutes of such meeting on file and Iof record in so far as they relate to the matters set forth in the attached extract, and I do further certify that each Resolution appearing in such extract is a true and correct copy of a Resolution adopted at such meeting and on file and of record. IP TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said City this 2nd day of June , 19 81 . (SEAL) MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES %fs cro er:•et: i I I i 1 I i I I �I ■ HUD -9014 (11.61) The followingr resolution was introduced by the Mayor ; read in full and considered: Neuhauser moved that the foregoing resolution be adopted as introduced and read, which motion was seconded by Perret and upon roll call the "Ayes" and "Nays" were as follows: AYES NAYS Roberts, Balmer, Erdahl, Lynch, Vevera Neuhauser, Perret thereupon declared said motion carried and said resolution adopted. i I There being no further business to come before the meeting upon motion duly m: -le and seconded, the meeting was adjourned. L i I I "0 15lc51 7PS *Us c9vin.nt •A.n+c nnc[ .".70'.}13,513 v j MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES L .7 V. _ GENERAL CERTIFICATE I, Abbie Stolfus, DO HEREBY CERTIFY as follows: 1. That I am the duly appointed, qualified, and acting City Clerk of the City of Iowa City (herein called the "Local Agency"). In such capacity, I am custodian of its records and am familiar with its organization, membership, and activities. 2. That, the proper and correct corporate title of the Local Agency is the City of Iowa City, Iowa. 3. That the City of Iowa City, Iowa, was duly created pursuant to the authority of the constitution and statutes of the State of Iowa including, particularly, the Act of the Legislature in the laws of Iowa of 1838-1839 at page 435, and was duly organized on the 4th day of July, 1839; and since the date of its organization, the Local Agency has continued to exist without interruption in the performance of its public corporate purposes. 4. That the names and dates of election or appointment, and the dates of the beginning and ending of the terms of office, of the members of the governing body of the Local Agency and of its principal officers are as j follows: I DATE OF DATE OF COM- DATE OF EXPIRA- ELECTION OR MENCEMENT OF TION OF TERM NAME & OFFICE (s) APPOINTMENT TERM OF OFFICE OF OFFICE John Balmer (I Mayor 1/2/80 1/2/80 Councilman 11/6/79 1/2/80 1/2/82 Glenn E. Roberts 1/2/84 Mayor Pro tem 1/2/80 1/2/80 Councilman 11/8/77 1/2/78 1/2/82 Clemens Erdahl 1/2/82 Councilman 11/8/77 1/2/78 Lawrence Lynch 1/2/82 Councilman 11/6/79 1/2/80 Mary C. Neuhauser 1/2/84 i Councilwoman 11/6/79 1/2/80 David Perret 1/2/84 Councilman 11/6/79 1/2/80 Robert A. Vevera 1/2/84 Councilman 11/8/77 1/2/78 Neal Berlin 1/2/82 City Manager 1/14/75 1/14/75 John Hayek Indefinite City Attorney 10/2/73 1/2/80 Abbie Stolfus 1/2/82 City Clerk 9/1/70 1/2/80 1/2/82 5. Each of the above-named officers required to do so has duly taken and filed his oath of office and each of them legally required to give bond or by law and undertaking has filed such bond or undertaking in form and amount as required I designated,he above and each is the aqualified s official ting officerholding the rspectivecofficeoor offices stated beside his name. 6• None of the above-named officers is ineligible to hold or disqualified from holding, under the provisions of applicable law, the respective office, specified above, which he holds. Note: A question had arisen as to the status of Councilman Robert Vevera who was elected November, t 1975, and sworn in as Councilman in January, 1976, The Council has determined not to seek a Declaratory Judgment. 7. None of the above-named Councilpersons is an officer or employee of the City of Iowa City, Iowa. See note to Item 6. MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES 785 L.'. Page 2 14"_1 GenP�l Certificate 8. Since October 7, 1980, there have been no changes in or amendments to the charter, by-laws, ordinances, resolutions, or proceedings of the Local Agency with respect to: a) The time and place of and other provisions concerning regular meetings of the Local Agency; b) The provisions concerning the calling and holding of special meetings of the Local Agency and the business which may be taken up at such meetings; , c) The requirements concerning a quorum; d) • The manner in which the charter or by-laws of Local Agency may be amended; e) The requirements regarding the introduction, passage, adoption, approval, and publication of resolutions, ordinances, or other measures, relating to the approval and execution of contracts and the authorization, award, execution, or issuance of bonds, notes, or other obligations of the Local Agency; f) The officers required to sign, countersign, or attest contracts, bonds, notes, or other obligations of the Local Agency; g) The office of the Local Agency; or h) The seal of the Local Agency. On January 2, 1976'the City Council adopted a Home Rule Charter for the City of Iowa City, Iowa. Said Charter was passed according and pursuant to State law. 9. The seal impressed below, opposite my signature, is the duly adopted, proper, and only official corporate seal of the Local Agency. IN WITNESS WHEREOF, I have hereunto set my hand and the duly adopted official seal of the Local Agency this 2nd day June 19 81 , ABBIE STOLFUS CITY CLERK j -MICROFILMED By 'JORM MICROLAB CEDAR RAPIDS•DES MOINES L 2ff5 _—I I irl CITY OF IOWA CITY CIVIC CENTER 410 E. WASHNGTON ST. IOWA CIN, IOWA 52240 (319) 356-500J f June 3, 1981 John A. Alphson, Jr. Attorney -Advisor Dept. of Housing $ Urban Development Federal Housing Administration Federal Building - 210 Walnut Street Des Moines, Iowa 50309 Re: IA 22-3 - Iowa City, Iowa Dear Mr. Alphson In accordance with your letter dated May 26, 1981, subject same as above, executed Annual Contributions Contracts with supporting documents are en- closed herewith. One required item is not included (i.e. the Bank Certificate). Please see the letter from the bank concerning the Board of Directors Resolu- tion. Sin rely our Lyle G. Seydel 6&6 Housing Coordinator LGS/cf i MICROFILMED BY JORM MICROLAB "CEOAR RAPIDS -DES MOINES I i� II ij it I. t i. I! I� f i' f I, i i 51- 1-72 -72 c LOW -am", r .-M11C CON-001.Ir! =7 PROJECT NO.: IA 22-3 CC;.,FIA:.T r:C.: KC -9132 THIS AG=•MrA,, entered into as of the day of , 19 s (herein called t:;a "Date of This Contract"), by and between the J:rIriED Si;r" i AI•FRICA (herein called"the "Govern-ment"), pursu-nnt to the United Stata3 Fou_i=: _ - of 1937 (L2-U.S.C. 1L01, e+ sec., which Act as =ended- - - �o the Date of This is harein called tu-__ani t::a Depar eat .of Housing znd Urban 7e•,elc- . - .,(5:U.S.C. 6w), and City of Iowa City, Iowa - y- -• (here -in called the !'Local Authority"), which is a body corporate and poli: c and er±sti_ng under the laws of. -the state of 'Iowa (herein called 'the "Stat2") and a up. " houz - . _ _1--i.. ' agency"' as defined in the Act, WI ESSE.^a: In consideration o_' the mutual covenants herein_*teZ set forth, the Dar 'j hereto do agree, as fcllow3: .. Sec. 1. Project. Cooperation ; ep=ent. 2_nd Maxi-== ii^QJa i0•:s )• (L) ..The Local Authority is 1:dertai-4-operatic- of lc>: -rent ho::3ir the developwent or. acquisition znd . o 's def' -cd in th,; act, as Sal;c::�. Project Bc: Estimated Number of Esticated Total Initial i:— =:a Dwell_nr units Davelop_ent Cost •iA 22-3 • , ' 32 S 1,701,379 ,cv17O,138 (B) With rosoect to such low -_eat housir,; in comp'--_ _ce with S.c. 10(z), Sec. 10(h), and Sec - _15(7)(b) of the Act the Local Authar_ - has entered into, anz- -- Goverrr_ent has approved, an 2E= eemont or acree_ents with tL'a &ove_`ring z,;y Or of the locality, or localitie3 in which such housin; is cr'•:_11 be situated, a c f_-11 z Pro.icct '10. Covernirc Tod-, of • Dato of ' r_eem.ent IA 22-3 .'• Iowa City, Iowa April 9, 1978 Such 2tZe_:ent Or arr ec=ants collect.ivel;' are herein nuli5: the "Cooperation AJ Ec=z=t." (C) The :.ocsl Wthozity Shall nrocos:t with i.ha ti: develcrceni o: 'he PrOject7 P:oc. 1 int CC::i CL'_ L.i til 4LC'- ..CteO for .^ '•' -.. various st.Gps of dc.alo::e_nt _..> .,.e r:a:, 1zs '.' t°,_ cc:.:;._cc_:: ^` ed foi• the e by the trar. c.ittcd to i.he Local Aathoz-ity by lett•cr. (D) I, the Local Authority uh?il fail ..o p esec+,': t1i,;chLly the drvelaec=.:: of any ;ro ceL As require+i b•, S:bsot:isn (B) of soon l'J c :+.: weecd i:. it9 develo . .. r._ pacat, dc�c:.and is �Ub motion (c) of thin oc 1, -- -,y rrojcc., .. i . MICROFILMED BY IJORM MICROLAB CEDAR RAPIDS -DES MOINES L_ --740,T i .1 'ra.;e 2y As 1'-.en4,d by 5331CC, 1-72 Cove==nt '.:as notified the Local Authority of tush failure, the Local ;,u':`ori:y =h '_1 suspend tho•development of the Prc.ject and shall tale whatever action :c rnececsarr to conserve monies _nd assets and to :top over^cad c: mac and loo=,:c with rJ_: to .. such Project. Upon the awl..._r the 1?-_. C-_nst__.icn Contract (a., dcf_..:d_n. Lc. 107) for ar.= any Project co=p_^_cin, a bcr of unit= : unit= lent than the number of units specified for such Project in cubcection (A) of this Sec: 1, the Local Authority ^hall suc-end the develop. ent of 'Ile re=aininr, m=bar of unite and shall tale whatever action _s <-cess_y to conserve monies and assets and to stop overhead expenses and losses wit`_' recces`. tc the remainin,- number of units unlecs (1) a Development Program for th3 re_a_.-;-; r.-.:=`er of the units has been submitted by the Local Authority and approved by the Govcrr_ent and (2) this Contract has been amended to (a) specify the reduced ru=ber o: _._:s n.^_ Developm^_nt Cost of such Proj^_ct, and (b) identify the remaiS^.g number of un;tc by sepu ate project number and specify the Development Cost therefor. Any monies in the General Fond for the development of a Project, s:astendod in whole or part, in excess of the conies needed therefor under the aforesaid limitations shall be promytly applied to the payment of any Advance or Temporary ]dotes outstanding in connection with such rroject :(E) • Mie •Governmant shall not be obligated to make any further adve-noes (except such advances which the rove -•rent deter= nes to mare to the Local Authority for its " payment of approvable obligations ince-==_d prior to the notice by the Gove==cnt to -:. Local Authority or aaard of the ?2'_n Construction Contract rere=ad to in slzsection +(7) above) or any annual contributions an respect to any suspended low -rent housing urle=s and until -the Local Authority demonstrates to the satisfaction of the Cove===nt t^_t it Is willirg and able to proceed expeditdously with the development of such saspa.^.d=_i low - rent housing and the Government, in its sole discretion; determines at that ti=e :c=t it shall render financial assistance to the Local Authority wit:.,respect to siva houz-4-". (F) The amount of the advances made. by. the Govern=ent or_ account of the lean for any sus.anded.low-rent housing together with interest thereon at the applica e aa1 Interest Hate to the date of repayment, shall be paid from any funds of the Local Authority available therefor, including the annual payment of all receipts in excess of expend.-tures.neccssazy'for.management, operation, maintenance, and reasonable reserves . in connection with each low -rent horsi.mb project tun=er . is lc :tract or =, =hsr contract between the Local Authority and the Government under authority of the Act) presently or herea°ter developed or operated with the fines:c+al assist of the Goverment or conveyed to the Local Authority by the covert=_•nt, after (1) the payment of all obligations in con section with such project for which annual contributions are pledged or (2) the Administration Period for such project, as the case may be.- (G) The provisions of Subsection (D) and (F) of this Sec. 1 shall not be in lieu of any rights or remedies which may accrue to the Cove -rent by law or UnEer t5.i.s Contract but shall be in addition to all such rights and remedies. 6 5/8 (E). The "Piinimum Loan Interest Hate" shall be ?v per a� The 'Maximum Contribution Percentage" =hall be 7.177 ;4 per a_nn.. • (I) The making of th`_s Contract and the undertal-irn, pf the loan and ann.=1 contributions as herein provided, were approved on List Vo. xc-81-189 (J) Each project idcrtifiad in this Sec. 1 is here -Li called a ':Project" a=:_, if more than one Project is so identified, are herein collect- aly called the "P-_•ojects." Sec. 2. Devclonment Pro..rram The Local Authority shall de•:elep each Project bei::- r to be develerr_ and shall operate all P_ -moots ccvere'_ by this ^.tract i "a r C_. n compi.._:ca n all p vision c, Contract t.=`.sllrum tali 1c .._..,:;:d by the Govern:...c parsua:a applicable provisionn of state cndJlocal law. IA 22-3 2.a. The Local Authority ,ill acquire Pro}e•ct lio• __pLsa=,:t to a Contract of Sale to b.,, entered into bel oen the cello_ _13 t'.te Local --7__FS MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES ...7 7 i .. TO-5;'�103 PaLF.c 3 69 It 1. Ac ::_..._=d by 53oloc, 1-72 Prior to the 'execution of Bach Contract of Sale, the Jiucal Authority _y enter into a Prcli=ina:y Contract of Sale with the Scller to eater into such Contract. Such ?re- lir_inary Contract and such Contract shall ea `e ..__ tqn anproval of the Co:-_. -int. Failure of the Local Authority'to expeditiously ecstinue the undertaking of the P=oject or to comply with the Preli=iniy Contract or Contract, or if the Contract or Contract is held to be void, voidable or ultra vires, or if the power or right of the Local Authority to enter into the Preliinary Contract of Sale or the Contract of Sale is drawn into cuestion in any legal proceed!ns, or if the Local Authority ascerts or claims that the ?reli=incz y Contract or Contract is not birdi ; urn the Local Authority for any such reason, the cccti_ence of any such event, _: the ,Seller is not i__ default, shall constitute a Substantial Tafault for `..he purpose of', title V he=eof and, in such case, the Govern--ent will continuo the undertaking of the.Project and will take delivery of such ri;;ht, title or interest in the Project as the Local Authority ray have and perform such Prel _inary Contract of Sale or Contract of Sale, as the case r=y be The provisions of this para,=aph are rade with, and for the benefit of, the Seller e_;d .his assignees who will have been specifically approved by the Goverment prior to such. assic _ert. To enforce the performance of this provision, the Seller and such assiy chs, as i:ell as the Local Authority, shall have the right to proceed a.s.inst the Gove-went by action at law or suit in equity. In order to assist i^ f inancia� the acq• siticn cost (herein called "Developrent Cost") of the Project, the Govern=ent shall lend to the Local Authority an arourt eoual•to the I•'arum Developrent Cort of the Projee.. Sec. 3. Development Cost of P=o.iect The Local Authority estimates that the Total Development Cust of each Project will not exceed the Estimated Total Development Cost therefor as specified in Sec. 1, which estimate is approved by the G^ve=-e.^.t. The. respective z`o-,nts of such Est=ated Tota_ Development Cost, or the latest revisions Thereof pursuant to the provisions of Part C-wo hereof, are herein called the IS um Development Cost" of the respective Projects or of all the Projects in the aggregate as the context indicates. The Local Authority, however, .sha11 complete the development of the Projects at the lowest possible cost, a:i in no event at a cost in excess of the aggregata aziour_t of the afo=asaid Zsti=ata,- Total Da:al- opment Cost., Sec. Cost Limits (�) Provided, however, that as to any Project for which the award of (i) the Main Construction Contract, or (ii) a tu___L:ey Prelisi^eay Contract of Sale or Contract of Sale is approved by the Government on or after April 30, 1971, the Develop=ent Cost fc= construction and eouit_ent of such Project (excluding; land, demolition, and licndwallin_ Facilities) shall not exceed by more than 10 pe --cent= the a crop=!ate prototype cost for the area in which such Project is site=ted as dete=ined by the Government p•.`s•. n: to Section 15(5) of the Act and which is in effect on the da of the Govern,--e-11-0 approval of the award of such Cont=act in lieu of the speci_f ia3 Development Cost per neem. (B) The term "Nondwelling Facilities" as used in th .s Contract includes non - dwelling structures; spaces, and equipment, and site Vevelop•::nt, icprovements and fav --_- sties located outside buildinE walls (ircludir.; streets, side•::=_1'rs, and sanita. utility, and other facilities, but excluding sep=arate heating plant :;=uctures, equ.: mer-., and distribution lines). .Sec. 5. Justification for Protect and Financial Assistance The Local Aut..ority has demonstrated to the satinfac`.__n of the Gover-_•ent that there is a need for such low -rent housing which is not nein: .et by private enter=rise. The developzcnt and operation of each '^_•; ject in accord^ace :_t� this Coaeract wi it provide decent, cafe, and sanitary dY:a1L'rs .+t'cdn the f!r_..i::'_. reach of f r.__r-- ....- are in the le';cet _nccre t^•ou? and v. -no c2=ot afford to pa•r :u h to cauu,o privatq enterprise in their locality or metropolitan area to build :n _iaquate supply of deee:r., cafe, and nanit=y dwellinGa for their uac (which families ::ercin tailed "F:. iliqu of Low Income,,), and the provisions of thin Contract are adcgw. .o ascuro .Li._t each L•uoi: Project will,be.daveloocd and operated. in co=pJiance with a:: :i:c re:,:i: ,onto of, a:c 6tt. The loan herein provided is.necess:_y to assist the develo;::... of each ojcci, ;? the annual cont=ibutionc poynblo by the Govor:nrcnS in the ... .:a, 1'.:. ;.c_io.i, the r_ann,.'r Lcrcin provided are r.ecccnary to achieve, r_!nt^5::. and ac:;u;- the MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4 -.7 Sec.'8. Annual Contribut+ons by Government Subject to and in accordance with all the provisions of Part TWO he- and in order to assist in achieving and maintaining the 1o:!-re^t c:a_-act•. of e=ac?: -;ac= the Goverr_ent shall make a�anual contributi ' oris to the Local Authority in spa=_ ezch Pro- ject in the a_-ourts as deterained pursuant to Part Two and for not to e�cea_ uerio3 (herein called "i",aximum Contribution Period") com^enc_:g on the date t^= contribution"= -- -'1 wit respect to such Project is paid and ending fort years f;::--- Not more than forty annu=l contributions shall be made with J_ -ch date. s respect to Sec. 9, ponds and Additdcnal projects The Local Authority shall authorize, obligations the issue, and sell to others than t*•• overnment, of type prescribed in Sec.. scribed I.Lho 1111 (herein. call ed. the "Bpn_s"), _ zsp^e- As respect to the Projects 5;O1CC, 1-72 rent housing project or projects undertaken by the Local Authority character of each such Project. ::.._rloi!- Sec. 6. T=c Exe=vi:on of p-oi,ct arz•eement of the Local Under the Constitution and Statutes of the State, each Project ; real ;.1 assistant and personal prope_t tori ; - ! les which >=ay be levied iipoced from all or by the C county, or other political subdivision. :ity, Sec, 7. Loan by Coverrment Subject to and in accordance with all the provisions of ?art i,n order to assist the development of each Project, the Cove and in nmeat shall le"`- Authority a=ounts (the total of which is herein _' a Local called the ',A= dcu= Lo,- : deterined purscant to Sec. lf10. Each advance 'ent") as on account of ohall be the loan for bear interest on the unrepaid principal a thereof from :rejec J -mount the dat-. made to the date of repa•- r rates ent at the ate or _a es (Y.erein called "Low. advance is -t _ as the Cove^=ent dcicr-ines on the -date such advance is m= Rate") -c1 -de and rede:e__ anniversary of such date pursu?_nt to Sec. 20 of the ;ct Provided, -- each ,> Rate for each advance,. That ,-•... which shall be adjusted annually as = Interes" provided less than the '^•Sinim::m Loan Interest :ll not be. Rate:' Sec.'8. Annual Contribut+ons by Government Subject to and in accordance with all the provisions of Part TWO he- and in order to assist in achieving and maintaining the 1o:!-re^t c:a_-act•. of e=ac?: -;ac= the Goverr_ent shall make a�anual contributi ' oris to the Local Authority in spa=_ ezch Pro- ject in the a_-ourts as deterained pursuant to Part Two and for not to e�cea_ uerio3 (herein called "i",aximum Contribution Period") com^enc_:g on the date t^= contribution"= -- -'1 wit respect to such Project is paid and ending fort years f;::--- Not more than forty annu=l contributions shall be made with J_ -ch date. s respect to Sec. 9, ponds and Additdcnal projects The Local Authority shall authorize, obligations the issue, and sell to others than t*•• overnment, of type prescribed in Sec.. scribed I.Lho 1111 (herein. call ed. the "Bpn_s"), _ zsp^e- in Part of this Contract, with respect to the Projects and to rent housing project or projects undertaken by the Local Authority a:::- with f'r:_: ::.._rloi!- of the Government which, purse Mt, to mutual arz•eement of the Local Author"-- ;.1 assistant Government, may be incorporated ung=� yh _t " he e tens of this Contract. sec. 10. National Rmer.;ency (A) The. Local Authority shall, (1) during any period of natinnal c=.c•• connection. with rational defense as declared by the President of the Unite -4 period during which a state of war between the United States and any forei7. and (2) upon either a determination by the President of the Cited States :: acute shortaee of housing in the locality of any Project w'ric., impedes the n:. and that the necessLj housing would not otherwise be provide_ when needed gaged in national defense activities, or a determination by tie Precirent o_ States that there is an acute need for housinu in the local-:-- of any Pro;;-_:: the availability of dwellings for persons enraged in nation__ defense actinic: max1rxim extent authorised or peraitted under applicable Fede:..l and State 1: effect, operate such Project to provide housingfo_ orsons =mare activities. ^ p , ,din r._"::::. . (B) If, by re --son of any such emerC•cnzy or state o- ...r, t::e cca=tr' Project is either pr chibited o. stc;:ped prior to the d!•liver;' of po::i:; and such prohibition cr stoppaGe of construction ::ill CO:1t4l:1Jp .:r an cxztc::dc_ Local f:uthority -hall refrain from the awara. of any further :-ratructiczi c tracts, shall ta'.•:c in respect to Construction or Equipment C%nraots alroz.-.1 action is rca.^.orah]y ne:es_a-y to cwaervc r..onies ar:d __sae;in pip„ te:::.: sotticLient of any out:;t•;rdinl, Conulructiur: or Equi;r..icnt Cu:I::•!cl.^,), :e'd other reasonable actions necessary to miffimir.e over?:end exec:::^c :..3 10::c•.. In the General bund for the dovelo;_ent of such, Project inc:.:^ac of tEe ihurcfor L:::?•_r the a fu•csnid limitations rh:!1.1, to the p".1- ont of :Lny f.haneo M"Oo r_ Por.:,:n :; i;otc::.i•_-uc..i Project, ,L-,6 the Cc:er::^:cat c11+_11 not to ota:rae•1 to ro:1,. kc :.-. iurli.::r to w011r ""or Coaot;•L'ctict: ol• Rqu±+mint Cof:tr::cts Lniil ouch ;-c:fi!.lti en^c.: MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 4 . cy in _s or any .r exists, :.ere is: an I .nal defense _rsohs en - United -?sure to the : _n in . �:ense nofany .rs that tho nt Con- :.atevar :: or '.7.1 - __700,S (3) Failure of the Local Authority to comPly with the recd- v ..•q of (l; or (2) above chill ecnntitute a Substantial Default under a. ^cntract ^ l' .ire C:.ve_-gen t and t rc Authcrity covering Federal financial a sista_ .0 under tI:_ ?State. HousinC;Act of 19 s. � ch; b cons,rued � c �7, and this Section _. _11 a cons._,.cd Lo e;. } so lc:; =y sue contract i.s in force cr effect.. (H) Thr.` terms "Advance Iiote" .^_nd "Tempora_, Note" used !n C! ^-t C. e or Fart i•o of this Contract shall be construed to mean Loan+'- + '- Note", respectively. , (C) Section 203 is,aaended by addin; a new sub.ection (C) nc f:. "(C) The Iocal Authorit,. --hall pror..ptjv rotif:, (1) an: to to inrii;;ih1N• for nd.d:ttic❑ to aYy I':oject of LI:c 1:,.^tic f; much '•:. Frc :•idC tIu appliC�nt upon request, w!a:l ri a :ea Onq!•1C time ":1 ICr tI:C MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -...;"-_ d ed S3J1L:,1-,2J ended. Nothing in this Subsection (D) shall be conctn C3 ao pros•'- ':e Local Authority fro.M proceed`n�; with site acquisition and the cc:pleti.a c: r, d awin�s, specif!caticnc, a:,.4,... d related doe ,-en. Sec. 11. Ir c "or _ ion or r- '7`.0 in this •• Con ac The Te _c •rad Conditions embodied in Foi_: FUD -5^011 :1ovezLo-r orated herein b , -� y reference a_nd constitute P.._t 'NO of the Annual Ccn-. are as .ended to the date hereof, and shalli supersede all earlier iss::_,. :ons Cc::_a_. and Conditions referred to in such Contract- on tract. such ^errs Sec. Sec. 12. A.ddit_cnal P ovigioro ^^d iod:r:cations i The following additional provisions and modifications of ei" a Two, hereafter O e o= =-� as set forth constitute the o --O- to tris rest: (A) Nondiscr___ atica in —',oust -c C (1) In connection with the. development and operation of • • 'activity of the Local authority receiving :r 'he or Federal firencial assistance utates Hous; n- .Set of �o' ;> 5 rem—d__-., •' - r 'he ` z'-= _ _,37, of when such prog:•am or acti.i:: thereof, was initially covered by any contract for r ari such assistance, _.-* the real property or structures thereon in such _ as lona a; pro�•am or acLivity,^ is used fora nrpose So: which the Federal f!ncncial assistance ;:as e aortic --ec :_3 - another Purpose involving the provision of similar benefits, •ihe Local•• or ccmp'_y with ;:_13 requirements imposed by Title Vr of the Civil ;j; 's ..arity wil_ :_- Lair 88-352, 78 Stat. 241; the regulations of the Depa trent of Hou:in -- _ •� :.went issued thereunder, 2!; MR, Subtitle A, Part 1, Section 1._ CC.^ � - p 1� =y gents of said 'z2- _. Dep�,y_nt 'D st nt to said regulaticas; to the end t__:. n• _ the re; _.. i that Act and the regulations and requirements of said Depazt_ent t`zr=_•�• eccordarc= •- r� ,_., the United States shall, on the s ound of race, no .ersrc -i color, or national ori�'r.. fro:+ articipatio:l in be en t F d_._-ied the benefits =excludes j ! ^to , of, or be othe n ise subjer:. anon unser ny such progcer-: or activity. ^ e Local cscrs-`n-• I quirerent, covenant, or other binding co_it-eat assure 'the same the' , any zub!3antee, contractor, subcontractor, transferee, on .aof successor in_. partic-'pant in the prce:am or activity, such commitment to include the ,rest or C.h r e "This provision is included pursuant to the regulations of the _•• of Housing gad Urban Development, 21 CFR, Subtitle A, Part 1, Se•.:.:.: 1.1 et sso., issued under Title 1-i of the said Civil Rights act of ' and the requirements of the said Department pursuant to said and the obligation of the (contractor or other) to comply there:,_:'_: to the benefit of the united States, the said Department, and the T_: .as " Authority, any of which shall be entitled to invoke any re=edit; by law to redress any breach thereof or to compel compliance t*-=-. __able -.1 by the (contractor or other.)" (2) The Local Authority shall not, on account of creed, d_=_:. •.1nate in _s sale, leasing, rental, or other disposition of housing or related facil " ' la_nd) - ( included in an D^ 3 , y Project or in the use or occupznc thereof, nor de:: the -inc - ? ;any fanny opporturdty to apply for such housing, nor deny to any eligible ap=s_• the opportunity to lease or rent any dwelling in any such }ossi:; stitablc .. .t .._ needs. (3) Failure of the Local Authority to comPly with the recd- v ..•q of (l; or (2) above chill ecnntitute a Substantial Default under a. ^cntract ^ l' .ire C:.ve_-gen t and t rc Authcrity covering Federal financial a sista_ .0 under tI:_ ?State. HousinC;Act of 19 s. � ch; b cons,rued � c �7, and this Section _. _11 a cons._,.cd Lo e;. } so lc:; =y sue contract i.s in force cr effect.. (H) Thr.` terms "Advance Iiote" .^_nd "Tempora_, Note" used !n C! ^-t C. e or Fart i•o of this Contract shall be construed to mean Loan+'- + '- Note", respectively. , (C) Section 203 is,aaended by addin; a new sub.ection (C) nc f:. "(C) The Iocal Authorit,. --hall pror..ptjv rotif:, (1) an: to to inrii;;ih1N• for nd.d:ttic❑ to aYy I':oject of LI:c 1:,.^tic f; much '•:. Frc :•idC tIu appliC�nt upon request, w!a:l ri a :ea Onq!•1C time ":1 ICr tI:C MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES V- . F As /_cr.de•i by 53010C, 1-12 made, with an oDrort•,r:ity for an infor_sl haarinr• on much determination and (2) c y applicant detnr_ined to be eligible for ad=isaicn to any Project of t:e apprcrinate date of occupancy, insofar as such date can bo reasonably detsrin.d." (D) Section 204(E) is'a`ended by changir.E: the period at the end thereof to a colon and addin&: "Provided, that no tenant's rent may exceed one-fourth of the tenant's family income as defined by the Secretary of Eouning and Urban Development; provided further, that this requirement shall net apply in any case in which the Secretof of Housing and Urban Development deter -vines that so liriting the rent of any tenant or class of tenmits will result in a reduction in the amount of welfare assistance which would otherwise be provided to such tenant or class of tenants by a public agency." (E) Section 30B(D) is amended by changing the reference to "Sec. 415(C)(3)" to "Sec. 415(C)(1)(d).11 v •(F) Add a new Section 314 and'a new Section 315 as follows: "Sec. 314. P.ploy-ment of Project Area Residents azd Contractors. - "The Local Authority shall comply and shall reouire each of its contractors and'subcontractors employed in the develop_ert or operation of each Project to corply ' with Section 3 of the amusing and Urban Development Act of 1906S•(12 U.S.C. 170iu) the rulati egons and requirements of the Government thereunder, r*-ui=ir_g that to the Creates'. extent feasible oppprtunities for training ani employ=e':•s be given iowcr i:13Gra residents of the ?rojeCt area and that contracts.for,work in convection with the Pro;;egt i be awarded to business concerns which are located in or owned in substantial part b.y Ij persona residing in the area of the, project. %"Sec. 315. Contracts for Personal Services. "The Local Authority shall not enter into, execute,, or approve, any a=ee- ment cr contract for personal, oanz;exent, le -al or other services with any person or firm where the initial period or term of the contract.is in excess of two (2) years, or where the contract contains a renewal provision for any period of ti--, without the prior written consent of the Government. 11nere an existing contract contains a none zl pro- vision, auto=.atic or otherwise, which extends the te= of the contract for pericd, the Local Authority shall not act to renew or extend such contract, or `ail to take any necessary action to forestall automatic renewal or extension, without the prior ixitten approval of the C•over:.=ent." : (G) Section 407(13) is amended to read as follows: . r "(D) With each submission of Operating :Budgets, the Local Authority shell submit estir-tes of the Accru=ng An.•:•,:al Contribution and the Additional A.-m�.1 Ccnt _tu- tion required for the period covered by such Budgets." (A) Section 407(P) is amended by inserting the phrase "and Additional An ILI-1 Contribution" after the term "Accruing Annual Contribution" and by cha_^.ging the pericd at the end of the last sentence to a cornea and adding the ph�•ase "or to the a:ount of the Additional Annual Contribution." (I) Section 408(13)(2) is nmonded by substituting the term "Debt Service Annual Contribution" for the term "nixed Annual Contribution." (J} Secticn.410 is ,norded by deleting the p', -,-ase ",n0 percent of the s.•-. of." (F:) Section 413(A)(5) is •,c.onded by substituting ii:- tens "Debt Service Annual Contribution" for the term "annual contributions." (L) £ecticn U5 is =cnded by dcictin'Z; the p=cnen: G:c. 415 a',9 cubstitut-`.- the followir,.- therefor: MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I40INES Py.e 7 As 51010,,, 1-72 Sec. 415. Annual Contributions. "(A) The Cove:r_ert shall rale anatal contributions to the ucc1 Authority for e -ch Project. Such annual contributic.^.h !;hall include Debt Ser-v� =ase a.' Contributions (or ?asic Annual Centributicnc in respect 'o Leased Foa _r:g Project;r ) a_ Additional Annual. Contributions. The GovOrn,ent (1) shall ra'.re Debt Service ;_ _al Contributions to the Local Authority for Caoil Per_a_nently Financed Project and (2) ==y, in its Z tc -aim, mate Debt Service Annual Contr_butiozs to the Local Authority for each Project which is not Fe^an_atly Financed. The date upon which each Debt Sen•_ce Annual Contribution is payable (except the first Dab' Service Annual Contribution�tl resnect to a Projoct not Per-anertly Financed which may be rade av=ailable as c: 'he Date of Full Availability of such Project) shall be l-nown as the "Annual Cortributicn Date." ,If the Annt_al Contribution Date is not srccifically set forth in Part One of t, --s Cor.'ract such Date shall ce the fifteen'!, day of the fourth, fifth or sixth month of the Fiscal Year rs dete= _sned by the Goverment. a "(B) The first Debt Service A_nnu?1 Contri*uticn with resnect to each Permanently Financed Project shalt_ be due and payable on the nSarni contributic^ Date which is seventeen mcnthn and fourteen dayz after 'he Band Date of the First issue of Bonds issued to fin_.ce :._:y cart of the D;velonrent Cost of such Project. The first =ace Service Annual Contribution with respect to each Project which is not Pei_.z-.ently i^az�cec may be made available as of the Date of F-1-11 Availability of such Project and s:211 be deter -tined in accordance with Subsection (13)(1)(d) of this Sec.'1;15. If the first Debt Service Annual Contribution with respect to a Project is m= -de available as of 'he Date -c_ Full Availabl'Utr of such project; t�he second Debt Service L nual Ccrtr_c_t!cn :_ = respect to such Project may be bade on the Annual Cont='bution Date which occurs not less than twelve months subsequent to the Date of -Pull Availability of such Project, subsecu _t Debt thereafter. An-nu.-J.Centributions shall be payable on each Annual Contributicn Date .thereafter. , "(C). On each Annual Contribution Date the Government shall pay (subject to reduction as hereinafter in this Sec. 1115 provided) Deb' Service AnnluaL Contric:tions for each Project, with respect to which any Deb' Service Annual Contributions are thon payac'-e "(1) The a=ount of the Debt Service Annual Contribution shall be eo••._ to.the sum of the Level Debt Services of all unmatured.issues of Bows, bearin_ a Bona Date not later than seventeen months and fourteen days prior to such Annual Co Cont __4 Date, as specified in the applicable Bond F.esolution, plus an amount or amounts alloca's1e to Permanent, Project Loan, or Project Notes, as follows: "(a) With respect to each Project Permanently Financed by an !ssaa of Bonds equal to the 1•linimum Development Cost first established for such Project, an amount, as dete=Lned by the Goven+zent, which if applied annually at 'he in'e=est rate (adjusted to 'he nearest one-eighth of one percent) charged the Local Authority during the next preceding Fiscal Year in respect to the unamortised portion of the i•Devel- opment Cost of such Project which exceeded as of the last day of such Fiscal Year th � principal amount of such issue of Bonds :could fully anortize such portion not later than the"first day of the month following the last Annual Contribution Date for such Project; i "(b) With respect to each Project Perma:aently Financed by an iss_> of Donds in an a- ount•less than the amount of the Flini um Develep_ent Cost first es:abll; :I for. such Project, an amount equal to (i) the applicable 1•Iini=•um Loan Interest =ato ti=e: the mount by which the i•linirun Development Cost as first established for such Project eycOOds the principal mount of such issue of Bonds, plus (ii) an amount, as deter='nec the Goverment, which if applied annually at the interest r=te adjusted to the nearest I ono-olGhth Of O -no percent) ch__i;ed iho Local Authori;;: d ;;_ :le next precej, _isca Year in respectto the portion of the I.Inia>a ravelopaent Copt of. such Projl.ct w^i ch e:•: .cOcds as cf -he last day of push Fiscal Yeas the Ilini�_u Do:c•lq int Cost a; ' established foe such Project would fully amortize such porticn no' later than tae first day of the ron4h following the last Annual Contribution Date for such Project; mai (!!!) commonaing on the Annunl Contrib+!tion Into next following lh.� la.^.t cstu:ity dit.e e1• s:rrl issue of Do1:Iip, the amount of the Level Debt Service of such _ssuc 0f bonds; e:d "(c) Ili'h .-Cspcc' to each Project fln:L rod by a Fcr..anc:a :'^:•: ' lieu of D:nd;, nn a^nun', as dL•101=4ncd by 4110 Cove—mcnt, which if applied L.n .+il. .7 the !nlcr<•st rate (adju3.c1 'o Ll:u n('arent 011e-6 01th of 0110 M-rccnt) cha-rged .... acral 4� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES —zgs 1 Authority du-i^s - t:;c ^ext - �,�:.._ _ p_c_---•• riccal Yecr of the Nini_u:. ie:elenant Cost In respect to the un_ortized __-t_oa v o: :pct P=ojec= u:uci e:tceeded as of rho lastfor of such Fisch_ ?r the C.u� Dc:•clnn-opt Cost es firs wou13 fully _crtisc t cc such portion not later th _•; the firsta lizhedcuch tle conch ,;=ct^ the last ;Lnnual Contrib,; . Date for suchProject;cwi.� Financed. an a_o::.nt "(d) Wit., rEspcct to each Project which isnot Pe^a eptly as erne_ ed by the Govcrr_.ent, which if applied a�nll;; a; Interest r (adj•;sued to the nearest one-eiGhtk of ons ,, - t'0 Authority du_line th•' next pracedi, - percent) charted •.e Local of that S_ t Fiscal Year in respect to the un�ortized scrtics 2 aetE =':`-'d by the Cave^ ent to be that below which the Develos_ent Cos; of such Project will in no event Sall would the first day of the Conti following th Sully amortize such portion not latsr t::_ e list rnnual Contribution Date for such PrcjEcs, Loan or Pro'ect Mote• -Upon delivery of any issue of Bonds to refund Per=avent, =-.°ject be in lieu of the portioheof the of the e. -n celevel eDebt Service of such issue oS Bcn_s sh_ D snual Contribution allocable to such Rotes whether pursuant to clp.se a • ( )e (b), (0)r or (d) above. "(2) On each A=ual Contribution Date the actual amount of the =ebt Service 1--nn'l Contrib;:tion to be ?aid (herein called the '!Accruing Annual the r butu= ) shall be a, amount ecual to the Debt Ser✓ice enn zl Contribution less (1) �h= on deposit in the Debt Ser:•ice Fu^_d for the reruction of annualL t• •_ azoun, f SubsEction (C) of SEC. 415, and con�ribu.ioas s _ su=ns -o (2) any a7cu.-it :hen on de_osit in the Debt Se -ice F__i pursuant to Subsection (3) of Sec. 414, on account of interest accrued on any issue e` Bonds atter a date which is six months a_rter the Bend Date of such issue. "(3) Me Government, notwithstandin^ any may ma};e Payment of any Acc: rag Annual Contribution gin seWizre,valoinstallments asVision of S Coo :s: (a) the first irstallr•ent shall be paid on the Annual Contribution Date in l, - 'If zac•�,t, if arty, re which (i) the Accruing AMmaal Contribution exceeds (ii) the amount of primers l and interest•which•will•become due and p=ayable on the next following annivers=— of the Bond Date on almonds outstt_,dins at the end of the preceding Fiscal Yeai and Jn=rn::hich r a Bond Date not later than seventeen months and fourteen days prior to such l Con- tribution Date; (b) the balance of such Accruing Annual Cor,tributior. shall tE p i3 O_^_ date six months after such e •nnLl Contribution Date. - I Fiscal Agent shall least thirty days prior to each Annual Contributiop Date 11E g with the Government -a report showing the amount of each d�posi= )made into the Debt Service Fund since the next preceding Annual Contribution Date and E balance in the Debt Service Fund as of the date of such report. Au"(5) At least fifteen days prior to each Annual Contribution Date, the LczE thority shall file with the Government a requisition and voucher for the pal -eat oS -= current Accruing Annual Contribution. - -_ Sec. „(6) a -cent as otbal-wise urovided in'Subparai-raphs (7) and (8) of thin 5(C), the Government shall pay each Accruing Annual Cortributien, thereof, to the Fiscal -Agent for deposit or installer, in the Debt Service Fund. The Govern=eat, at _e tine of such payment, shall furnish to the Local Authority and to the Fiscal Abs nt a slate ment showing (in detail and with appropriate explanations) the amount of the Acc=tin; Annual Contribution, and the method by which the Accruing hnnual Contribution •:ill bE - Each such state=cnt shall Include a schedule slowing on the basis of inlo=atio:; avail= s to t};e Cover rent, the distribution to be made of tl;e funds in the Debt Service iLnd r_- cuant to Sec. 416. "(7) On each ku=%l Contrib•ition Pate on which any Per -.anent, Project D or tributi ]:'e s issued in connection with any Frojcct with respect to which a, Wit; Li contribution is than payable remain outctandirg and until full rep=;pert, with interEc: _ the applicable Lo. , Interest Rat°, of all ex-enrli tures, it any, made by the Chv mere- ' connection with any such Project purnu=nt to msec. 505 hereof, such portion of.i}:e Accruir.; Arnual-Contribution, which if deposited in the Debt Service Fund would (i with t11e conics then on deposit in said Fund for •tile reduction of annual centrit;;tioget_=_ cns 4� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES As ;snit, �• 5331CC, 1-72 pursuant to this Contract plus the amount of the second inctallacn.t, if any, of such Aecruinr, Anaual Contribution) exceed the sue of (a) an .amount equal to `het interest becoming due and payable duzj-n„- the Contribution Date on each ue ,` t,:elves n;ls pexicd A un=j is o _crds c r., a cmiLate not late- `h_1 months and fourteen days prior to such An:ns,i Contrib_t_sn Date, pl:•: (b) an a_c•at e�ul to the agL-re--te ?azd Service Car y-Cn• ' r er reR'Yre.1 to be on deposit in ::ne Deb: Ser,/ice Fluid on the next succeed'-Zg Aram=_ Contributicn Date, caY bc' withheld hY the cvz =Eat and applied to the full extent thereof: ent of First, to re'�bu sem e Local : _t ori�y, for any advance (not theretofore reimbursed) ode u,rsu:= t to Sec. OL•(D); z^.d Second, to the payment of in, and principal of such Motes and repa}_ent c= such e+yendit•_es in proportion, with resect to each such Projeci, to the applicable c _;.. rtion of e Debt Service ,1 Contribution deto=.i.ed pursuant -D clauses (a), (b), (c), or case may i (_) as the y bz, of Sec. 1;_5(L)(1); Provided, that .=^y a._ou,•as which weu'_c ot`-Er.'_;e be atpliEd to the payment of principal under the aforesai 0 Second order of preface=ce =_ be :rite old (for not =ore than twelve months) and be used :or the pay_cr.t of interest on any ands whici: may be subsequently issued to refund such !rotes and erpendii =os. 11(8) Vren monies sufficient for the payment and d'sch_ge ^f all Bonds nave been deposited with the Ficoal Agent in trust for such ur:cse y tributions, Fesid•,:al F.eceipts, cher p - -o`er-._ i--11 Con - and =ties ot..__.aiee payable to the De'•- - „_d s.^_ll Con - be applied, as ao_roved by the Lova_.__n to the p�-e, ._s and ^._:e �' ' t, �__'lt Of the Notes Z^.S E7_a.^.iia:.re5 and in the proportion as prescribed in Subp�a- mph (�) of this Sec. LI -5(C "onies so the by he Local Authority du i.^.6 the twelve months period praceding each vol Con- tribution Date which, except for the provisions of this Subparas=_=h (d) wc•�d o on deposit on such Anz•_1 , -_v_ been Contribution Date _n the Debt Service P:^d r the r ^teen of anntmd contributions, shall be deemed to have been on deposit in tae t ue= ' CE _,.0 GII such Arm•_.1 Contribution Date for the purpose of.Sub_ara- aph 2 of Iles Sec, t15(C). "(9) IFo Accruing Annual Contribution shall be paid aid or ma.,Aa avai •= v: 'by the Covc_sent pursut to this Contract in an anount in excess o an �c�= which mac- gether with all monies then on deposit in the Debt Service Fund will be suffi-'ant to !ally pay and retire the outstanding Fonds, Permanent Notes Project Loaa ?totes issued .in connection with all Projects with respect to which annual c:ntribn:_ens beco_e Payable and to repay, with interest at the apulicable Loan Interest Fate, all ex-,andI' made by the Covera=ent in connection with the develop_ent of such Prcfects pu •i to Sec. 505 hereof. T.ae obligation of the Government to pay or ra=ke available Debt S •ice Ir-nual Contributions pursuant to this Contract with respect to any such F`_•ojact -hal' ter=�atE when (a) all such Bonds and Dotes issued in connection with such Project have baen fully Paid and retired, Or when monies sufficient for the pay-ment, and retire=ent therzof base been deposited in trust for such pu_+pose in accordance with the terms of suc= F,;.-,is'a=3 Notes, and (b) all such ea:enditures, with interest thereon, by the Gove=r ent in connection with such Project have been fully repaid. ,(DeThe isalso nalze dann�LocO l Contrib:ions to the > for each Governmentshall in w_th all o. Opera- 1 ting•Receipts of the Projects will be sufficient to pay the Operati::_ _rpendi•=as of such Projects in accordance with the Operating Dudgets for such Projects as approvzi icy the Goverment, and (b) with respect to a Project for which payments of _ebt Service or a -sic Annual Contributions will be made for a period of less than forty yer_s, in z=cunt �,d for purposes an approved by the Government, to provide for necessary * ilial m a=cszs not charged to the Development Cost of the Project. "(1) The Local Authority shall submit to the Gover._Ent, together with Chi Operating and Development' Budgets for the Projects, an estimate of tine anount of Additicn_1 Anmial Contributions which will be required for the period covered by such b1:__et, The Coverr=cnt may approve such estir_ate or revision thereof in fall or = a reduced a=o-.:^,t and.th, Dunt CO app••oved prrsacnt to such estimate cr y revicic +-� -all `� 1 o- 4 l maximum •n r A. a:_. n :..�_ _of ... b_ ..._ ocov o_ n__i:zonal /arcual Contribution:; payable in r^ -scot tc the P o,',ects for the period covarad by such 7udget. The Gov.:riucnt quail not in ainy Fa oral ^semi approvo any estir_stc or revision thereof in an amount which, togctzr with tlz gout of a11 Additional A�Lnual Contributions then contracted for by the Covc-•=Lnt, wr.:-`d exceed L110 a..ount as deter_ined by the Government of Additional l^_+:al Centr:c_ticn= cc.^.tractin 78S MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES )., ' Lo•: _ber 15,55 5-D1CC, 1-72 authori=tion pursuant to the Act. "(2) The Covcr.=cat shall not be obli„ted to :ire ny pay -en's on acco•,ant of the Additional .;rn u_1 Con'ribu'iona in an amo• - apocifically ap roved by the Caverneat. �t -n excess oS the e�ount Anythinq in this Contract to the contrary notwithstanding, 'he r,Ti- rara annual contribution payable hereunder with respect to any,ttrelve ecnth period shall not exceed the a_--etof (a) the applicable i•'y.__u= Contribution Percenta5e of 'he latest established 41 -lin -=um revelotment Cost for each ?er=nenily Fi.anced Project p (:o) the applicable ' plus :gid_ Contribution r-erceria-a of (I) the —ount deter_ri.ed by the Cove= -ant to be hat below which the Dovelo-=ent Cost will in no event fall, or (ii) the Actual Development Cost, as the case may be, of each ?roject which is not Permanently Financed, Plus an a;•ourt not to exceed $120 per =num per dwelling unit occu annual co..^.pied by families as described in Sec. 10(z) of the Act. For the pu=poss of detervi.ing such >rarium 'ribution, the tern "i•;a:ci-tn Contributi each Project shall teen the zT Fe i cn Pe_centare” with respect'o €o` O de -a- rate (as defined in Sec. 2(10) of the Act) ..apalicable•at the (1) •dzte •ofapproval of :h a An-ival Contributions Contract coveria_ curb project, or (2) t'se date of Bete-+'-L'ion of such ar a nal contribu.ion,which- (a)ever is the )i er, plus two percent in the case cf Projects hati=ng a p=xi= Con- tribution-Perioa of forty years, or (b) one percent in the case of projects havi E a lfaximum Contribution Period of sinry years," :• (M) Section 417(C) is amended by substituting the tern'"Debt Service usual . .Contribution" for the term "Fixed Annual Contribution." 1 (N) ' Section 418(3) is deleted. _ • 0 Section � •.. .: ' .'fI f ,•• :.. ( ) �9(B)(3) is amended by substituting ',.he phrase "Debt Service Annual Contribution as deter -=ped pursuant to clauses (a), (b), (c), and (d) of Sec. !,15 C (1)" for the rase "Fined lamas Contribution as determined pursuant to clauses (1), �23, (3)r .and W.of See.. 415(C)." Sec: 13. Perfor=ante of Conditions Precedent to Validit•T of this Contract The Local Authority certifies that all conditions precedent to the valid execution and delivery of this Ccntract on its part have been cocplied with,spat all t uags necessa=} j to constitute '-his his Contract its valid, binding, and legal aee=e_nt on the to =s and ccn- •ditions and fo:: the pu-*•poses herein set forth have been done end have occurred and that the execution and delivery of this Contract on its part have been and are in all respects duly authorised in accordance with law. The Govern=ent similarly certifies with reference to its own execution and delivery of this Contract. Sec. 14:•Clean Air Act and Federal I•lzter Pollution Control Act (a) The Local Authority shall incorporate or cause to be incorporated into any contract for construction or substantial rehabilitation, such clause or clauses as are required by the Government for compliance with the regulations issued by the Fnviromental Protection Agency pursuant to the Clean .lir Act, as amended, the Federal Water Pollution Control Act, as amended, and Executive Order 11738. The Local Authority shall cooperate with the Government in the conducting Of compliance reviews pursuant to said Acts and Regulations. (b) Flood 'Disaster Protection Act The Local Authority shall incorporate or rause to be incorporated into any contract for new construction or substantial rehabilitation the following clause (and the Local Authority shall itself comply with such clause when it is the owner); "If the Project is located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and if the sale of flood insurance has been nude available under the National Flood Insurance Act of 1968, the O.mer agrees that the Project will be covered, during its anticipa=ed MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40INES 4� --78s r."_M-53010 ,,je 11 :.b comer• 1969 (Formerly P1HA-3010) As Azended by 5301OC 1-72 economic or useful life, by flood insurance in an amount at least equal to its development, or project cost (less estimated land cost) or to the r..a::imu:a limit of coverage made available with respect to tFe particular type of property under the Uational Flood Insurance Act of 1968, whichever is less." Sec. 15. Local Authoritv Contracts with third Parties and Subcontractors (a) Clean Air Act and Federal Water Pollution Control Act (1) The provisions of subparagraph (2) of this Section shall not be applicable if the maximum amount of ho under the Housin using assistance oayaents g Assistance Pa} ents Contract, over the maximum tern of said Contract, is $100,000 or less. (2) In coaoliance With regulations issued by the En✓iro rmental Protection Agency (EPA), 40 CFS, Part 15, 39 F.R. 11099, pursuant to the Clean Air Act, as amended (Air Act), 42 U.S.C. 1857 at seq., the Federal Water Pollution Ccnt rol Act, as amended Owner agrees that: (Water act), 33 U.S.C. 1251 et seq., Fxecutive Order 11738, the • (i) any facility to be utilized in the perfor-••mance of this contract or any subcontract shall not be a facility listed on the FPA List of Violating Facilities pursuant to Section 15.20 of said regulations; (ii) he will promptly notify the LHA of the receipt of any cor—munication from the EPA indicating that a facility to be utilized for thq contract is under consideration to be listed on the EPA List of Violating Facilities: (iii) be will comply with all the requirements of Section 114 Of the Air Act and Section 308 of the Water Act relating to inspection, monitoring, entry, reports, and information, as well *as all other requirements specified in Section 308 of the Air Act and the Water Act, respectively, and all regulations and guidelines issued thereunder; and •(iv) he will include or cause to be included the provisions of paragraph (2) (i) through (iv) of this Section in every nonexempt subcontract, and that he will take such action as the Government may direct as a means of enforcing such provisions. (b) Flood Disaster Protection Act. The local Authority shall incorporate or cause to be in into any contract for new construction or substantial rehabilitation the followirig clause (and the Local Authority shall itself comply With such clause when it is the owner); "If the Project is located in an area that has been identified by the Secretary of Housing and Urban Development as an area having special flood hazards and if the sale of flood insurance haa'becn made available under the National Flood Insurance Act ,of 19§3, the &aner agrees that the Project will be covered, during its anticipated economic or useful life, by flood insurance in an an amount at least equal to its development or project cost (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, whichever is less. MICROFILMED BY .JORM MICROLAB CEDAR RAPIDS -DES MOINES c, �--�_. _ �_ _. _nom �.� ----. _;:,_��•�.-�� �.�_L L ■ f V: Page 12 A^erdec 3-76 n 16. ./At least 20 percentum of the d;rolling units in any project placed under annual coat;ibutia^.s contrast in any year after (September 26, 1975) shall be occupied by very Loa -income families. (1) Under section 3(1) of the Act:' (2) Under section 4(a) of the Act: (a) * * * such loans (i.e., loans CO,Dublic housing agencies to help finance or refinance the develop.nent, acquisicica, or operation of low -intone housing projects by such igen-cies) shall bear interest at a rate specified by the Se- cretary which shall not be 1 -'ss than a rate determined by the Secretary of the Treasu C taking iatD Con;i•dura:ion the current average market yield on outstanding market- able obligations of the United States with remaining periods to maturity comparable to the average maturities Of such loans, plus one-eighth of per centum. ^ (3) Under section 6(a) of the Act: (a) * * * except in the case of housing pradrnainantly for the elderly, high-rise elevator projects shall not be Provided for'famiiies with children unless the Secre- tary makes a determination that there is no pr , actical alternative. (4) Under Section 6(b) of the Act: (b) * * * the cost -of construction and equipment of the Project (excluding land, demolition, and nondwelling facilities) on which the computation of any annual contributions under this Act may be based shall not exceed by more than 10 per centum the appropriate prototype cost for the area. * _ (5) Under section 6(c) of the Act: (c) • •(1) the Secretary may require the public housing agency to review and revise its maximum income limits if the Secretary determines that changed conditions in the locality makes such revision necessary in achiev- " ing the purpose of this Act i (2) the public housing agency shall determine, and so certify to the Secretary, that each family in the project was admitted in accordance with duly adopted regulations and approved income limits; and the public housing agency shall review the incomes of families living in the project at intervals of two years (or at shorter intervals wherethe Secretary deem it desirable); (3) the public housing agency shall promptly notify (i) any applicant determined to be ineligible for admis- sion to the project of the basis for such determination and provide the applicant upon request, within a reason- able time after the determination is made with an oppor- tunity for an informal hearing on such determination, and (ii) any applicant determined to be eligible for admission to the project of the approximate date of occupancy insofar as such date can be reasonably deter- mined; and (4) the public housing agency shall comply with such procedures and requirements as the Secretary may pre- scribe to assure that sound management practices will be followed in the operation of the project, including re- quirements pertaining to -- 4� MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES e 1-1 a .��','l°i-• ,;) the cs:ab!1>=-.et:c ._ :c::a::: ...!ec:`:a -} Criteria I:e5iLned to assure -.-.at w In a rC35C.'.3^-1C DCr:cd of -^ _m_ the .. project w:li .nc!ucC .:.mEl_t5wlt.^. a broad range of incomes and will avoid concentrations of !ew-inccme and de- prived families with serious social problems, but this shall not permit maintenance of vacancies to await high- er income tenants where lower income tenants are .,•:ailable; (B) the establishment of satisfactory pro- cedures designed to assure the prompt payment and collection of rents and the prompt processing of evictions in the case of nonpayment of rent; (C) the establishment of effective tenant - management relationships designed to assure that satisfactory standards of tenant security and project maintenance • are formulatedCtnd that the public housing agency (together with tenant councils where they exist) enforces those standards fully and effectively; and (D) the development by local housing authority managements of viable homeownership oppor- tunity programs for low-income families capable of assuming the responsibilities of homeownership." (6) Under sec£ion 6(d� of [, e Ami t (d) * * no annual contributions by the Secretary shall be made available for such project (i.e., low - •income housing project) unless such project (exclu- sive of any portion there of which is not assisted by annual contributions under this Act) is exempt from all real and personal property tares levied or imposed by the State, city, county, or other political sub- division and such contract shall require the public housing agency to :hake payments in lieu of taxes equal to 10 per centum of the sum of the annual shelter rents charged in such project, or such lessei amount as (i) is prescribed by State law, or (ii) is agreed to by the local governing body in its agreement for local cooperation with the public housing agency re- quired under section 5(e)(2) of this Act, or (iii) is due to failure of a local public body or bodies other than the public housing agency to perform any obliga- tion under such agreement. If any such projects is not exempt from all real and personal property taxes levied, or imposed by the State, city, county or other political subdivision, * .. * no annual contributions by the Secretary shall be made available for such pro. - act unless and until the State, city, county, or other political subdivision in•which such project is situated shall contribute, in the form of cash or tax remission, the amount by which the taxes paid with respect to the project exceed 10 per centum of the annual shelter rents charged in such project." (7) Under section 6(e) of the Act: to) * * * whenever in any year the receipts of a public housing agency in connection with a low-income housing project exceed its expenditures (including debt service, operation, maintenance, establishment of reserves, and other costs and charges), an amount equal to such excess shall be applied, or set aside for application, to pur- poses which, in the determination of the Secretary, will effect a reduction in the amount of subsequent annual contributions." (8) Under section 6(f) of the Act: (f) * * * when, the public housing agency and the Secretary mutually agree that a housing project is obsolete as to physical condition, or location, or other factors, mak- ing it unusable for housing purposes, a program of red- • ifications or closeout shall be prepared. 4� MICROFILMED DY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES c a _—I i Of the .act. •n,z leis than :he w-j�es 1 -availing in i;;e lc- :� •• •_r7 "CO O: 'ca"".i5LD5C5eLaC to 1 mE CL'r .:p...C.1JIe :Cara or 10aa1 :;cal by ._: a: , _:..fil be p,: id :O al! archlCv'CCs, C2C.^.m4ca! Cn- g,necis,•dra:tsaen, and tecnnieians enployed in the de- veloprnrnt, and all maintenance laborers and mechanics ••.•emple;ed in the operation, of the low-income housing 10 -volved; and * * * not less than the waves pre- . in the locality, as predetermined by the Seere- tary of Lobcr oursuant to the Davis -Bacon Act (ori Stat, 1011), stall be paid to all laborers and mechanics en- ployed in Lha development of the project involved (in- eludin'. a project with nine or more units assisted under section 8 of this Act, where the public housing agency or the Secretary and the building or sponsor enter into an agreement for such use before construction or rehab- •ilitation is commenced), * •* *. -re 'rhe parties agree that -if and when the Government .approves a revised fon ,l .c.•Annual Contributions Contract to be used in lieu.of this modified HUD Fen 530109, then they will.execuce an amendment to this contract sub- ' ry - =ituting _h^ said reo2sed form. I1;HIT r -SS Uli-iEOF, The Local Authority and the Goverr-ent have caused C4ia Contract to be c-%ecuted in their respective names and the Local Atthority has caused its seal to be hereunto affixed and attested as of the ml�p of This Contract first above written. Rame aid Title) CITY. OF IOWA CITY, IOWA '= John R. Balmer, Mayor tNama'and Title)TES. or A`lEof Aousin an *roan Development Rateived & Approvod -y nso L,epal Department j MICROFILMED BY JORM MICRO_ LAB . CtDAR RAPIDS•DES Id01NE5 L,. -r, I n 1 n-5 2250 .oily 1966 (Formerly PRA -2250) —� PERMANENT NOTE No. I IOWA CITY HOUSING AUTHORITY, (herein called the "Local Authority") for value received promises to pay on or before the maturity datf. of this Note to Lhe United States of America (herein called the "Govern-nent") or order an amount, with interest thereon to the date of payment, equal to the aggregate amount of advances made to the Local Authority by the Government pur- suant to the Annual Contributions Contract (herein called the "Contract") between the Local Authority and the Government with respect to the low -rent housing Projects as hereinafter set forth. The Contract, Projects, and maximum aggregate amount of advances, are as follows: Contract Date: Projects Numbered: IA 22-3 Maximum Aggregate Amount of Advances: $ 1,701,379. This Note is issued to aid in financing the above -designated Projects pursuant to the Constitution and statutes of the governmental entity specified below and herein called the "State", and pursuant to the provisions of a resolution (herein called the "Resolution") duly adopted by the Local Authority on the date, ns follows: State Resolution Adopted IOWA JUNE 2, '1981 Interest hereon shall accrue at the interest rate applicable to the Projects as provided in the Annual Contributions Contract only upon the difference in amount from time to time between the aggregate amount of advances and the aggregate amount of repayments of principal made on this Note. Each advance, repayment, and interest pay- ment on this Note shall be duly recorded by the holder hereof, by date, amount and type, upon the "Statement of Advances and Repayments on account of Note" attached to and made a part of this Note. This Note shall be payable in annual installments on the first day of the month next following the Annual Contribution Date (as defined in the Contract) applicable to the Projects and in any event the .final balance of this Note shall become due and payable on the first day of the month next following the last Annual Contribution Date applicable to the Projects. Each payment on account of this Note shall be applied to interest thea accrued and the remainder to principal, and the Local Author- ity shall, on each payment date, apply all available funds hereinafter pledged as security for this Note and interest hereon to such payment. Both principal of and interest on this Note are payable at the office of the Fiscal Agent (as designated pursuant to the Contract), or at the option of the holder, at the office of the Sec- retary of Housing and Urban Development in the City of Washington, D. C., in lawful money of the United States of America, unless exchanged as hereinafter provided. This Note shall not be a debt of any city, county, State or political subdivision thereof or any municipality and neither any city, county, State or political subdivi- sion thereof or any municipality shall be liable hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local Authority. This Note shall not constitute an indebtedness within the meaning of any constitutional or statutory public debt limitation or restriction. Tile full faith and credit of the Local Authority are hereby pledged for the pay- ment of the principal of and interest on this Note. This Note, together with all other notes issued pursuant to the Resolution with reap..ct to the above -designated Projects, is additionally secured by (1) a first pledge Of a specific portion of the annual contributions payable to the Local Authority and authorixsd to be pledged to the payment of such Notes and the interest thereon, pursu- ant to the Annual Contributions Contract and (2) by a pledge of and lien on the resid- ual Receipts (as defined in the Contract) of Permanently Financed Projects (as defined 4 -1- MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES %8s 1 � HOD -52250 July 1966 - (Formerly PHA -2250) C in the Contract) after providing for the payment of the Bonds (as defined in the Con- tract) isaued in connection with such Permanently Financed Projects. The pledge and other obligations of the Local Authority under this Note shall be discharged at or prior to the maturity of this Note upon payment of the entire indebtedness. As additional security for the equal and ratable payment of the principal of and interest on this Note, together with all other notes issued pursuant to the Resolut_on with respect to the above -designated Projects, the Local Anthority, to the fullest extent permitted by the laws of the State, hereby pledgee, mortgagee, conveys and grants, and by this Note and the Resolution has pledged, mortgaged, conveyed and granted unto the Oovernmant all the real and tangible personal property wheresoever situated which it has acquired or may hereafter acquire in connection with or relating to the above deeigoated Projects, including that certain real property relating to said Frojects and more particularly described in the trust instrument or any amendment thereto as executed and recorded by the Local Authority pursuant to the Contract: Pro- vided, That the lien of such pledge and mortgage and the rights granted and conveyed pursuant to this paragraph shall (1) be junior to the Bonds and junior to the pledge of Residual Receipts securing' the Bonds, and (2) not be foreclosable until all Bonds shall have been paid and discharged in the manner provided in the Bond Resolutions (aa defined in the Contract). If the preceding sentence shall be adjudged by a court of competent Jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the principal of and interest on this Note from other funds of the Local Authority as herein provided. In the event (a) there is any default in the payment of any installment of this Note, or (b) the Local Authority is in Substantial Default or Substantial Breach (as such terms are defined in the Contract) under the Contract, or (c) the Contract is ter- minated, then the holder of this Note at his election may, by written notice to the Local Authority, declare the unpaid balance of principal and interest of this Note imme- diately due and payable. Failure of such holder to declare this Note due and payable upon occurrence of any of the events ae aforesaid shall not constitute a waiver of such right in the event of any subsequent occurrence of any such event. This Note may be exchanged at any time after the issuance of the Actual Development Cost Certificate (as defined in the Contract) with respect to the above -designated Proj- ects, upon demand by and without charge to the holder hereof for a note or notes of the Local Authority in the aggregate principal amount equal to the then unpaid indebtedness hereunder which note or notes shall be payable aerially or in installments, as the holder may specify, equal to the specific portion of the annual contributions payable to the Local Authority and authorized to be pledged to the payment of this Note. The Local Authority, for itself and its successors and assigns, hereby waives pre- sentment, demand for payment, protest and notice of dishonor, and hereby consents that the bolder of this Note shall have the right, without notice, to deal in any way, at any time, with the Local Authority, or to grant to the Local Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or forbearances whatsoever, or may release any of the security for this Note, without in any way affect- ing the liability of the Local Authority hereunder. No personal responsibility or accountability shall attach to any member of the Local Authority or to any person executing this Note by reason of the execution or issu- ance hereof. It is hereby certified, recited and declared that this Note has been issued by the Local Authority to aid in the financing of a housing project to provide dwelling accommo- dations for persona of low income, and that all acts, conditions and things required by tha Constitution and statutes of the State to exist, happen or be performed, precedent to and in the issuance of this Note, have happened and have been performed in due time, form and manner as required by law. IN WITNESS WHEREOF, the Local Authority has caused this Note to be executed in its nano and its seal to be impressed hereon and attested by its proper officers there- unto duly authorized, cnd this Note to be dated the 2ND day of JUNE P 19 81 (SEAL) ��H9-fry/�-w /�/I • c!��j-,-,--.• -• _MAYOR ATTEST: ' (. \' .� I Received & Approved i i. _1 Ir . 'US Gov[RPMENI Pn1N7Syoe,iThe9a1mDaparhnent CITY I �7w 1-�-8/7� MICROFILMED BY JORM MICROLAB LEDAR RAPIDS -DES MOINES i I� HUD -5417 R••. 9/70 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT NOTE SIGNATURE CERTIFICATE We, the undersigned officers of THE IOWA CITY HOUSING AUTHORITY (herein called the "Local Authority") do hereby certify that, on the 2ND day of JUNE , 19 81, we Officiary signed on behalf of the Local Authority its PERMANENT Note No. 1 dated a and payable to the United States of America or order, being, on the date of such signing and on the date hereof, the duly chosen, qualified and acting officers authorized to execute said Note and holding the offices indicated by the official titles opposite our names; and that the corporate seal of the Local Authority appearing upon said Note and upon this certificate is the legally adopted, proper and only official seal of the Local Authority. Witness Our hands and said corporate seal this 2ND day of JUNE , 1981. Signature Official Title SEAL MAY 1� CITY CLERK Signatures above and upon the above-described Note guaranteed as those of the officers respectively designated. JAMES A. SANGSTER SENIOR VICE PRESIDE C yyxxER FIRST IATIOMnI "uaP', , i , C'(T_Y, ." Flemb Fe eral Deposit urance Corp ati In Py the lagBl DepEr'rnotYt 771530_P HUD -W--6,, D.C. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I40INES 785 PROJECT LOAN NOTE HUD -9101 (11.68) Tf" IOWA CITY HOUSING AUTHORITY (herein called the "Local Authority") for value received promises to pay upon demand to the United Slates of America (herein called the "Government") or order an amount, with interest Ihercon to the date of payment, equal la she aggregate amount of ad. Vance$ made to the Local Authority by the Government pursuant to the Annual Contributions Contract (herein called the "Contract") between she Local Authority and the Government with respect to the low -rent housing Project as hereinafter set forth. The Contract, Project, and maximum aggregate amount of advances are as follows: Contract No. and Dole- #KC —9132 June 4s 1981 Project No.: JA 22-3 Maximum Aggregate Amount of Advances: S 1,701,379. This Nose is issued to aid in financing the above -designated Project pursuant to the constitution and statutes of the govern. mental entity specified below and herein called the "Slate", and pursuant to the provisions of a resolution (herein called the "Resolution") duly adopted by the Local Authority on the date, as follows: STATE RESOLUTION ADOPTED IOWA JUNE 2, 1901 Interest hereon shall accrue at the interest rate applicable to the Project as provided in the Contract only upon the difference in amount from time to time between the aggregate amount of advances and the aggregate amount of repayments of principal made on this Note. Each payment on account of Ibis Note shall be applied to interest then accrued and the remainder to principal. Each ad. vance, repayment, and interest payment on this Note shall be duly recorded by the Government, by date, amount and type, upon the "Statement of Advances and Repayments" which is made a part of this Note whether appearing on the reverse hereof or attached hereto. Both principal of and interest on this Note are payable at the office of the Secretary of Housing end Urban Development in the City of Washington, D.C., in lawful money of the United States of America, but the Local Authority may issue and deliver to the Government its Permanent Note (as defined in the Contract) in payment of all or any portion of the indebtedness hereunder as may be agreed upon by such parties. The full faith and credit of the Local Authority is hereby pledged for the payment of the principal of and interest on this Note. This Note, together with all other notes issued pursuant to the Resolution with respect to the above -designated Project, is additionally secured by (1) a first pledge of o specific portion of the annual contributions payable to the Local Authority and author - ;zed to be pledged to the payment of such Notes and the interest (hereon, pursuant to the Contract and (2) a first pledge of and lien on the Residual Receipts (as defined in the Contract) of such Project. As additional security for the equal and ratable payment of the principal of and interest on this Nate, together with all other notes issued pursuant to the Resolution with respect to the above -designated Project, the Local Authority, to the fullest extent permitted by the laws of the State, hereby pledges, mortgages, conveys and grants, and by this Note and the Resolution has pledged, morsgoged, conveyed and granted unto the Government, its interest in all the real and tangible personal property wheresoever titu- ated which it has acquired or may hereafter acquire in connection with or relating to the above -designated Project, including that certain real properly relating to said Project and more particularly described in the trust instrument or any amendment thereto as executed and recorded by the Local Authority pursuant to the Contract. If the preceding sentence shall be adjudged by a court of competent jurisdiction to be invalid or ineffective it is the intention of the Local Authority to be fully obligated under the other provisions of this Note and that such judgment shall not impair or invalidate the obligation of the Local Authority to pay the princi. pal of and interest anthis Note from other funds of the Local Authority as herein provided. The pledges and other obligations of the Local Authority under this Note shall be discharged upon payment of the entire in. debtedness hereunder. The Local Authority, for itself end its successors and assigns, hereby waives presentment, demand for payment, protest and notice of dishonor, and hereby consents that the holder of this Note shall have the right, without notice, to deal in any way, at any time, with the Local Authority, or to grant to the Local Authority any extensions of time for payment of any of said indebtedness, or any other indulgences or forbearances whatsoever, or may release any of the security for this Note, without in any way affecting the liability of the Local Authority hereunder. No personal responsibility or accountability shall attach to any member of the Local Authority or to any person executing this Note by reason of the execution or issuance hereof. IT IS HEREBY CERTIFIED, RECITED AND DECLARED ibivi all acts, conditions and things required by the constitution and statutes of the State to exist, happen or be performed, precedent to and in the issuance of this Note, do exist, have happened and have been performed in due time, form and manner as required by law. This Note shall not be a debt of any city, county, State or political subdivision thereof or any municipality and neither any city, county, State or political subdivision thereof or any munici. pality shall be liable hereon, nor in any event shall it be payable out of any funds or properties other than those of the Local Authority. This Note shall not constitute an indebtedness within themeaning of any constitutional or statutory public debt limita. tion ar restriction. IN WITNESS WHEREOF, the Local Authority has caused this Note to be executed in its name and its seal to be impressed hereon and attested by its proper officers thereunto duly authorised, and.this Note to be doted the 2ND day of JUNE 19 81 (SEAL) ` - L' v—Y1 . /r �L•',-x z.rit _ it., I4AYOR ATTEST; —CITY CLERK 4_ I MICROFILMED By 'DORM MICROLAB CEDAR RAPIDS -DES MOINES Received dr Approved By Tho legal Department 6—,/—J'/ Ar 1 'HUD -51999 R... 1171 GENERAL DEPOSITARY AGREEMENT THIS AGREEMENT, entered into this 3RD day of JUNE 19 81 , by and between THE CITY COUNCIL OF IOWA. CITY I (herein called the "Local Authority"), a duly organized and existing public body corporate and politic of the CITY of IOWA CITY and FIRST NATIONAL BANK OF IOWA CITY (herein called the "Bank"), located at 204 E. WASHINGTON, IOWA CITY, IOWA WITNESSETH: WHEREAS, the Local Authority is undertaking the development and/or operation of certain housing pursuant to the terms of one or more contracts which may be amended or superseded (herein individually and collectively called the "Contract") between the Local Authority and the United States of America (herein called the j "Government"), which projects are identified as follows: Project No. Name of Project IA 22-3 IOWA CITY HOUSING PROGRAM and WHEREAS, under the terms of the Contract the Local Authority has agreed to deposit certain monies received by the Local Authority in connection with the afore- said projects with one or more banks under the terms and conditions specified in this General Depositary Agreement and may also deposit under the terms hereof certain amounts received in connection with any other project or enterprise of the Local Authority, including any project or enterprise in which the Government has no financial interest, NOW FURTHER WITNESSETH:. In consideration of the mutual covenants hereinafter set forth, the parties hereto do agree as follows: . 1. The Bank.is and shall continue to be a member of the Federal Deposit In- , surance Corporation as long as this Agreement is in force and effect, Z. All monies deposited by the Local Authority with the Bank under the terms of this Agreement shall be credited to the Local Authority in a separate account, designated " IOWA CITY HOUSING PROGRAM NIA -22-3 Account" (herein called the "Account"). All monies in the Account in excess of the amounts insured by the Federal Deposit Insurance Corporation shall be fully and continuously secured by the Bank by the deposit or setting aside of collateral of the types and in the manner as is prescribed by State law for the security of public funds. Said collateral shall at all times be of a market value at least equal to the amount of the monies so secured, 3. The Bank shall honor any (a) check or order drawn by the Local Authority upon the Account or (b) directive to purchase or sell securities pursuant to Para- graph 4, if such check, order, or directive is signed on behalf of the Local Authbri- ty by an officer or member designated by resolution, .a certified copy of which resolution or certification by a proper officer of the Local Authority as to the adop- tion of such resolution, shall be furnished by the Local Authority to the .Bank. 4. The Bank shall purchase, with monies from the Account, and sell invest•• ment securities as the Local Authority may direct. Such securities and any other securities which may be deposited by the Local Authority with the Bank under the terms of this Agreement shall be considered to be a part of the Account and shall be held by the Bank in safekeeping for account of the Local Authority until sold. Interest on such securities and the proceeds from the sale thereof shall be deposited in the Account upon receipt. i MICROFILMED BY 'JORM MICROLAB -CEDAR RAPIDS -DES MOINES MY L 5. If the Bank receiv written notice from the Gove2.,ment that no withdrawals by the Local Authority from the Account are to be permitted until thereafter author- ized by the Government, the Bank shall not honor any check or order of the Local Authority drawn upon the Account, or permit any withdrawal by the Local Authority from said Account until expressly authorized so to do by written notice from the Government. 6. The Bank is not obligated to be familiar, and shall not be charged, with knowledge of the provisions of the Contract, and shall be under no duly to investi- gate or determine whether any action taken by either the Local Authority or the Government in respect of the Account is consistent with or is authorized by the Contract or whether either the Local Authority or the Government is in default under the provisions of the Contract. The Bank shall be fully justified in accepting and acting upon, without investigation, any certificate or notice furnished to it pursuant to the provisions of this Agreement and which the Bank shall in good faith believe to have been duly authorized and executed on behalf of the party in whose name the same purports to have been made or executed. 7. The rights and duties of the Bank under this Agreement shall not be trans- ferred or assigned by the Bank without the prior written approval of the Local Authority. This Agreement may be terminated by either party hereto upon sixty days' written notice to the other party, a copy of which notice shall be promptly furnished to the Government. The rights and duties of the Bank hereunder shall not be transferred or assigned nor shall this Agreement be terminated during any period in which the Bank is required to refuse to permit withdrawals from the Account as provided in Paragraph 5. 8. This Agreement may be executed in several counterparts, each of which shall be deemed to be an original and such counterparts shall constitute one and the same instrument. . 9. The depositary agreement heretofore entered into between the Bank and the Local Authority with reference to Projects No. is hereby terminated and all monies and securities of the Local Authority on deposit with or held by the Bank pursuant to the terms of said agreement shall continue to be held for account of the Local Authority pursuant to and in accordance with the provisions of this Gen- eral Depositary Agreement. IN WITNESS WHEREOF, the Local Authority and the Bank have caused this Agreement to be executed in their respective names and their respective seals to be impressed hereon and attested all as of the date and year first above written. (SEAL) ATTEST: Secretary• i%, (SEAL) ATTEST,— r CITY OF IOWA CITY Local Authority JOHN R. BALMER.-'MAYORL S . ::.. N I_ -t. By JAS . SANGSTER SE OR VICE PRESIDENT C CASHIER NOTE: Strike paragraph 9 if not applicable. 272067-P 4� leceived & App,oved By The Legal Department b-Z-yl 11UD-HAA, Wash., D.C. ,us cowmr Qm1 rnn1L4G orrlfr. w, Lr'. n -m-2 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES %OJ I i i j i James A. Sangster Seniw Vice he,ldanl end Cuhin Z20first National Bank 4EAS7 WASHING70N. IOWA CITY. IOWA 52240 PHONE 351.7000 AREA CODE 319 May 28,,1981 Lyle Seydel City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Lyle: Enclosed are the following executed forms for the new Iowa City Housing Program IA 22-3 checking account: 1. Signature card and speciman signature card. 2. Two copies of HUD Form 274, Designation Of Depository For Direct Deposit Of Loan And/Or Grant Funds. 3. Two copies of Form HUD -51999, which is a General Depository Agreement. The Board of Directors Resolution will be forwarded after our next board meeting, which will be June 9, 1981. If there is anything further that is needed, please contact me. Sincerely, JAS/lj Senior Vice President and Cashier enclosures MICROFILMED MICROFILMED BY 'JORM MICROLAB iCEDAR RAPIDS -DES -MOINES 7115- Lm - /'tee CTION 11 (To be completed dr fie deparito i Fdepos!ts t Identified in Section 1 has been established with this bards (or treoaury as opPtfcable), All necessary lon, including a power of attorney :where necessary, which will legally enable this depositary to receive ment checks directly from the U.S. Treasury Department for deposit to: IOWA CITY PROGRAM IA 22-3 ACCOUNT NUMBER 010 040 4 (Account Nome ondlor Nawbo/ ayee's endorsement have been teceived and are,ln this depoeltary'a custody. Thin deposit ' ary s Imutad by: FEDERAL DEPOSIT INSURANCE CORPORATION FIRST NATIONAL BANK 204 E. WASHINGTON IOWA CITY IOWA 52240 (Mawr of Bono nr Treasury) (Address and ZIP we reken decks, should go rUrd) i .� SENIOR VICE PRESIDENT E CASHIER A. SA r ' �A ES A. SANGS'1"E JUNE 3, 1981 i(T61a of AetkrluJ Bank Officer) (Slgaattve o/ A brie d Boat or Tieaa O eo MUD Jfk 1e-aat a'T IF ) /DW) Nlelw.,a.. D. C. U.S. DEPARTMENT Ov NDUa1ND AMO Um[AN D[V[LO�aI[NT DESIGNATION OF DZPOSITARY FOR DIRECT DEPOSIT OF LOAN AND/OR GRANT FUNDS IOWA CITY ROUSING PROGRAM IA 22-3 TU FIRST NATIONAL BANK, 204 E. WASHINGTON, IOWA CITY, IOWA 52240 (Mawr, Address and ZIP Code of Bank or l.nr„( Covrrnmrar Treasury) has been designated as the depositary for all funds to be received directly from the U.S. Treasury Depertmetd resulting from contact number 9132 - executed with the U.S. Department of Housing and Urban Development for deposit to: IOWA CITY HOUSING PROGRAM IA 22 .3 01 4 (Account Name and/or Nuwbcr) IOWA CITY HOUSING AUTHORITY CIVIC CENTER, AID E. WASHINGTON IOWA CITY (Name) (Address and Zip Code) IOWA 52240 MAYOR OF IOWA CITY r'' "•' —•'-v' ""'^"`" -JOHN R. BALMER JUNE 3. 1981 (Title of Esccutive Officerl (Signature of Executive Officer) — NUD-yTk 1e(Date) - m M[vrOUa ■DI110N W Y [[ UeaO 4� 1 ntLKVNLMLv .. JORM MICROLAB CEDAR RAPIDS -DES I40INES L 785 CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 June 3, 1981 Mr. Jimmy I1. Payne, Acting Supervisor Des Moines Service Office Department of Housing f, Urban Development r 259 Federal Building 210 Walnut Street Des Moines, Iowa 50309 { Dear Mr. Payne: I I, Abbie Stolfus, the duly appointed, qualified, and acting City Clerk, City of Iowa City, Iowa, do hereby certify that said Housing Authority f has furnished to the Local Governing Body an estimate of the annual amount of Payment in Lieu of Taxes which the Governing Body will re- ceive under the terms of the Cooperation Agreement for Project No. IA 22-3, and an estimate of the amount of taxes which would be levied if such Project were privately owned, a true and correct copy of which letter is enclosed herewith. IN TESTIMONY 11HEREOF, I have hereunto set my hand and the seal of said City this 3rd day of June, 1981. i<. CITY OF I019A CITY, IOWA ABBIE STOLFUS, CITY CLERK enclosure (SEAL) .r I I. �I j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES t" I _,tom .. MY CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180 STATE OF IOWA JOHNSON COUNTY SS 1, Marian K. Karr, Deputy City Clerk of the City of Iowa City, Iowa, do hereby certify that the material attached re Payment in Lieu of Taxes for Proiect IA 22-3 is a true and correct copy from my files, all as the same appears of record in my office. Dated at Iowa City, Iowa, this 3rd day of June 19 el . Marian K. Karr Deputy City Clerk i 7 • %8.5 MICROFIIMEO tlT 'JORM MICRO_ LAB � CtDAR RAPIDS -DES MOINES 1 � l/ CITY CSF IOWA CITY ---� CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY, IOWA 52240 (319) 356-5000 .June 3, 1981 Ms. Abbie Stolfus City Clerk City of Iowa City Civic Center I 410 East Washington Iowa City, Iowa 52240 i Dear Ms. Stolfus: The Iowa City Housing Authority is developing a housing project in Iowa City pursuant to approvals already given by the Department of Housing and Urban Development. These approvals were contained in Resolution No. 78-116 dated April 4, 1978 and a Cooperation Agree= ment contained in Resolution No. 78-117 dated April 4, 1978. j Section 402 of the Housing Act of 1954 (PL -560, 83rd Congress), amending the Housing Act of 1937, as amended, provides that prior to the execution of an Annual Contributions Contract the Local ` Authority shall notify the governing body of the locality of its estimate of the annual amount of payments in lieu of taxes which will be made for the project and of the amount of taxes which would I be levied if the property were privately owned. We wish to advise you that our estimate of the annual amount of pay- ments in lieu of taxes is $2,596.00 and the annual amount of taxes which would be levied were the project privately owned is approxi- mately $41,300.00. i �_S• cerely yours, xe John R. Balmer Mayor Retelved $ Approved By The legal Dcpa-imsnt %! 7W 6 -a -e/ 7 i MICROFILMED By JORM MICROLAB CEDAR RAPIDS -DES MOINES �, -L RESOLUTION NO. 81-132 RESOLUTION AUTHORIZING EXECUTION OF TURNKEY CONTRACT OF SALE TURNKEY PROJECT IA 22-3 WHEREAS, the City Council of Iowa City (herein called the "Local Authority") proposes to enter into a contract (herein called the "Turnkey Contract of Sale") with Southgate Development Co., Inc., as defined in the Turnkey Contract of Sale and which at any time now or hereafter is iincorporated under the law of Iowa. BE 1T RESOLVED BY 1HE LOCAL AUTHORITY AS FOLLOWS: 1. Section 1. The Turnkey Contract of Sale in substantially the form of contract hereto attached and marked "Exhibit A" is hereby approved and accepted both as to form and substance and the Mayor or Mayor pro tem is hereby authorized and directed to execute said contract on behalf of the Local Authority and to forward said executed counterparts or any of them, to the U.S. Department of Housing and Urban Development (HUD), together With such other documents evidencing the approval and authorizing the execution thereof as may be required by HUD. Section 2. Whenever the following terms or any of them, are used in this Resolution, the same, unless context shall indicate another or different meaning or intent, shall be construed, and are intended to have meanings as follows: (1) the term "Resolution" shall mean this Resolution, (2) all other terms used in this Resolution and which are defined in the Turnkey Contract of Sale shall have the respective meanings ascribed thereto in the Turnkey Contract of Sale. Section 3. This Resolution shall take effect immediately. It was moved by Neuhauser Iand seconded by Perret that the Resolution as read be adopted, and upon roll call there.were: AYES: NAYS: ABSENT: N Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of ,lune 1981. MAYOR ' ATTEST: CITY CLERK 4- i MICROFILMED BY 'JORM MICROLAB CEDAR RAMS -DES MOINES Received $ Approved ey me Legal Department U.5. L R7MENT or HOUSING AND UREAr; DF VEI a 'NT INSTRUCTIONS FOR PREPARATION OF TURNKEY CONTRACT OF SALE FORM HUD -53015, PART I AND PART II e; 1. USE OF AND ADDITIONS TO FORM. This basic for of Cunuact of S310 shall he used for public housing pnrjc•ns do%Clup• rd under the Turnkey method pursuant to the Public Housing Program Develup" tell t I'll a NO Regulation (24 CFR 841). Add itinn aI prwisiuns may be required to cover the special circumstances of a particular 1,reject . 2. PROVISION FOR DELIVERY IN STAGES. (a) %%'here feasible- to accept delivery and acceptance Ill he project in stages • and the Lrich stage consisting of cnntplrted buildingsland upon which the buildings arc located - • thi Cunuacl of S:de may provide for staged deliver),. In such case• a schedule of the improvements and land included i" each stare, along with their agreed Purchase Ih ices and Sub. s,antial Completion Dates• shall he incorporated as an Exhibit to the Cnnnac,. The Contract of S:le shall include the follmving provision: i I "Completion and settlement with respect to the improwwrnrs and )and included in the Contract shall take place• in stages. and in accordance with Exhibit , and each stage shall he subject to all Provisions of for Contract, provisions relating to completion and serlenlent." (h) The Purchase Ptice shall reflect any savings to the Seller re•sulllng Goer the agreemmrt to accept the prujecl In stages. o such as a saving in interest. If agreement Iu deliver the Project in sraees is "lade after the Seller's proposal has been received. but prior to execution of the Contract. the Purchase Price,cAvcred in the Contract shall be reduced to renecl; these savings. After execution of the Cunuacl, the PHA shall nor agree In accept a stoped delivery, and HUD shall not approve such arrcement, unless the Seller agrees tr, an amendment of the Contract reducing the pu¢hase Price tore• fleet the savings. 3. PROVISIONS ON SETTLEMENT ADJUSTMENTS. (a) The provislo4s on settlement adjustments, including the provisions for allocation of taxes and settlement costs should be desirable Ito c conform toamined Jlocallcustom oand irr practice, and may or or the sakelof clarity deemed shouldedetermine 211 charges or taxes likely to be applicable in the locality and should ascertain whether file provisions of the Contract state will, sur• fucienl clarity the treatment at settlement of each item. (b) The allocation of settlement items under the Contract of Sale must be consistent with the basis for evaluation and' approval of the Seller's price. That is, if the HUD -approved breakdown of the Seller's price includes a particular settle• ment item, the Contract must provide for payment for that item by the Seller, and not by the PHA. The Contract language in the form shall be modified as necessary to preclude double payment by the PHA for any tax or other settle• merit item. Such double payment would occur if an item is included in the Purchase Price, and is also to be paid by the Purchaser as settlement adjustment under the Contract. (c) H7tere it is anticipated that specified state or local taxes (other than real property taxes and assessments), e.g., sales loxes, included in the Purchase price may be subject to abatement or exemption, counsel shall assure that the Contract is nindifred to include a provision such as the following: "Tax Exemption or Abatement. In the event of exemption or abatement of any of the following state or local taxes payable with respect 10 the project. the amount of such excerption ur abatement shall be credited against amounts payable by Purchaser at settlement: TAX S AMOUNT S 4. PROVISION FOR ADDITIONAL WITHHOLDINGS. This from of Contract provides (Sections 2.8(d) and 2.10(6)) fur certain minimum withholdings at settlement. Where deemed necessary to provide additional protection with respect to any statutory liens (mechaontract may lien pet'i ds (or, span alternative toltileaddit anal withhold ng, forban unconditional ed to and irrevocable caitional lettertorcrlddi8pduring is issued by a bankinginstint6on, unconditionally payable upon demand of the Purchaser). S. PAYMENT TO LENDER. If Seller desires, the Contract may be nmdifred to provide for direct payment of the Purchase %'rice to Seller's Lender, rather than to the Seller. 6. EXHIIIITS. The Contract provides that the following documents, which arc listed in Section 1.6 of the C incorpunuacl shall be orated as Exhibits: j Exhibit A - Annual Contributions,Conlract (sec Section 1.1) Exhibit 8 - Plans and Specifications (see Section 1.1) Exhibit C. land -Legal Description (see Section 1.1) , Exhibit D - Guarantees and Warranties (sec Section 2.8(a)(6)) Exhibit E- Department of Labor Wage Determination Decision (sec Section 2.12(c)) Other Exhibits (e.g., schedule for staged delivery) may be included in the Contract as required, and shall be added to the list in Sec. ,inn 1.6. The listing shall provide a specific identification of all additional Exhibits, including a letter designation and brief descrip• tion of the contents of each. All Exhibits shall be initialed or otherwise appropriately identified by the parties. Suprnrtlrr 1`0111 HUD-53DIS 13.721 end IAUD•5301815.731 — 1 14UD-53015 110.771 7A I MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS - DES 1401NES I" i1' _ a_ 9 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT ,. PUBLIC HOUSING PROGRAM TURNKEY CONTRACT OF SALE TABLE OF SECTIONS PART 1.1 Idcm1ftcation of Project 1.2 Purchase Price 1.3 Commencement Date 1.4 Completion Date 1.5 Settlement 1.6 Contract Documents 1.7 Warranty of Purchaser's Authority 1.8 Events Constituting Default Under This Contract and the Annual Contributions Contract 1.9 Approval by HUD PART 11 2.1 Definitions 2.2 - Improvements 2.3 Adjustments in Purchase Price 2.4 Time'forCommencement and Completion of Work 2.5 Chariges in the Work 2.6 Inspections During Construction 2.7 Final Inspection, Acceptance 2.8 Settlement 2.9 Final Certificate of Completion 2.10 Warranties 2.11 Fire and Other Casualty Insurance ' 2.12 Prevailing Salaries or Wages 2.13 Contract Work Hours and Safely Standards Act -Overtime Compensation 2.14. Comoiance With Copeland Regulations (29 CFR, Part 3) 2.15 Payrolls and Related Reports 2.16 Wage Claims and Adjustments 2.17 Disputes Concerning Wage Rates and Classification of Labor 2.18 Termination Because of Violation of Labor Provisions 2.19 Insertion of Labor Provisions in Subcontracts 2.20 Equal Employment Opportunity 2.21 Section 3 of the HUD Act of 1968 (Employment and Business Opportunities for Lower Income Residents of ! Project Area) 2.22 Prohibition Against Transfer of Contract or Project _ 2.23 Third Parties 2.24 Conflict of Interest -T- MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES HUD•53015 (ID -771 Co t i i I i i 7 tf� 1; _ U.!'-"•PARTMENT OF HOUSING AND URBAN DEVE ^1ENT PUBLIC HOUSING PROGRAM TURNKEY CONTRACT OF SALE PART 1 THIS CONTRACT made on THE 12TH DAY OF JUNE, 1981, ("Dale of this Contract") by and between SOUTHGATE DEVELOPMENT CO., INC. ("Seller") and IOWA CITY HOUSING AUTHORITY , a Public HousingAgency 6 enc y ("Purchaser"). - WHEREAS, Seller proposes 10 sell Io Purchaser a completed Project consisting of in+provenrents and land, and l WHEREAS, Purchaser desires to acquire the project, NOW, THEREFORE, Seller and Purchaser agree as follows: i t 1.1 IDENTIFICATION OF PROJECT. The Project, which is identified as Project No. IA 22-3 in the i i Annual Contributions Contract attached as Exhibit A, shall consist of 32 dwelling units and related appurtenances h as described in Exhibit B, upon land situated in_ IOWA CITY. JOHNSON COUNTY IOWA and I I as described in the legal description attached as Exhibit C. !f 1.2 PURCHASE PRICE. The Purchase Price is S 1, 553, 423.00 1.3 COMMENCEMENT DATE. Seller shall commence the Contract Work no filer than JUNE 15, 1981 1(�f 1.4 COMPLETION DATE. Seller shall Substantially Complete the Contract Work no later than JUNE 1.4, 1982 1.5 SETTLEMENT. Settlement shall be held at THE HUD SERVICE OFFICE IN DES MOINES. IOWA .. within in calendar days after Purchaser and HUD have approved the Interim Certificate of Completion. fi 1.6 CONTRACT DOCUMENTS. This Contract consists of Part I, Part 11, and the following Exhibits, which are attached to and f made a pan of this Contract. i Exhibit A- Annual Contributions Contract No. 9132 Dated Exhibit B - Plans and Specifications Exhibit C - Land - Legal Description Exhibit D • Guarantees and Warranties Exhibit E - Department of Labor Wage Determination Decision EXHIBIT F — SCHEDULE OF STAGED COMPLETION EXHIBIT G — EXTRACT OF MEMORANDUM OF UNDERSTANDING DATED MAY 21, 1981. I i j i I i I i 1.7 WARRANTY OF PURCHASER'S AUTHORITY. Purchaser warrants that it is a duly organized body politic authorized by law to acquire land and improvements thereon and that it is in fact and in law authorized In execute this Contract. 1, —3 — HUD -53015 t10.771 _( t �C MICROFILMED BY `JORM MICROLAB �. CEDAR RAPIDS—DES—MOINES C � .L... � _•_'_ -- `_ - -_ — Ate.—_ � ��.�_.--,� .� _-�'_ _ I —L---� w—_—1Ll_`_ _ a -- 1:A EVENTS CONSTITUTING DEI'LT UNDLR THIS CONTRACT AND 7711:^NUAL CONTRIBUTIONS CONTRACT. Any breach of the warranty in Suci n i 1.7. tar if the Purchaser falls to expeditiously continue the undertaking of the Piuject j*- or to comply wilh this Contract, or if (his Contract be held void, voidable. or ultra vires, or if ll F power or right of the Pqp chaser to enter into this Contract is drawn into question in any legal piuccedmg or if the Pmc•baser assess or claims that this Contract is not binding upon the Purchaser for air)- such reason, the occmrcnce of any such event shall be deemed a default heicunder, and a Substantial Default under the following Section of the Annual Contributions Contract included in this Con• tract as Exhibit At: i SEE EXIHIBIT A. ANNUAL CONTRIBUTIONS CONTRACT, ATTACHED HERETO AND MADE A PART OF THIS CONTRACT. FURTHER, SELLER AGREES TO BE BOUND BY APPLICABLE CONDITIONS OF ANY Futuro REVb.SED ANNUAL CONTRIBUTIONS CONTRACT WHICH MAY BE ENTERED INTO BY HUD AND THE PURCHASER. 1.10 IOWA SAI FS D_R U5_;r ZX PROVISION. THE SELLER SHALL PROMPTLY COMPLY WITH THE REOUIRE— ' 14ENTS OF SECTION 422.45(7), CODE OF IOWA, TO SECURE IOWA SALES AND USE TAX REFUNDS IN ACCORDANCE WITH APPROPRIATE STATE OF IOWA PROCEDURES, AS PROMULGATED BY THE IOWA i DEPARTMENT OF REVENUE, FOR THE BENEFIT OF THE PURCHASER. I 1.9 APPROVAL BY: HUD. The approval of this Contract by HUD signifies that the undertaking by the Purchaser of the acqui• sition of the Pro—cl constitutes a "Project' eligible for financial assistance under the Annual Contributions Contract included in this Contract as Exhibit A; that said Annual Contributions Contract has been properly authorized; that funds have been reserved by HUD and will be available to effect payment and performance by the Purchaser hereunder; that HUD has up - proved the terms and conditions of this Contract; and that HUD and the Purchaser have agreed that they shall not amend or modify the Annual Contributions Contract in any manner which would reduce the amount of Ilse loan or annual eomlibu- tions payable thereunder with respect to the Project. EXECUTION' IN WITNESS WHEREOF, the Seller and Purchaser have caused this Contract to be executed in SEVEN briAinal counterparts as of the date of this Contract. ATTEST t _ LINA WOITO ASSISTANT CITY'ATTORNEY Seller SOUTHGATE DEVELOPMENT CO., INC. By L S N. BRAVERMAN Title PRESIDENT Purchaser IOWA CITY HOUSING AUTHORITY JOHN R. BALMER •• Title MAYOR I APPROVED: United States of Amcdca Scnetarydousing and Urban Development By 1 lnwrt full teat of the Specht Provisions for Turnkey Ptnjeeu as contained in the Annual Conuibutiom Contract (Exhibit A). 2Print or typo names underneath all signstums. —4— MICROFILMLU IST `JORM MICROLAB 'CEDAR RAPIDS -DES MOINES HUD-53D15 (10.77) 78-4 A U.S .FItIENT OF HOUSING AND URBAN DEMEL ^iNT PUBLIC HOUSING PROGRAM e TURNKEY CONTRACT OF SALE e: PART 11 2.1 DEFINITION'S ANNUAL CONTRIBUTIONS CONTRACT. The contract between HUD and t11e I'urellaser under which HUD will provide assistance to the Purchaser for the acquisition of the Project, as more fully identified in Part 1, which Annual Contributions Contract, as anter'ded to the date of this Contract, is included in this Contract as Exhibit A. CONTRACT. This Contract of Sale between the Purchaser and the Seller. CONTRACT WORK. The construction work to be performed under this Contract. HUD. The Department of Housing and Urban Development, which has agreed to provide financial assistance to the fur• chaser for the Project in accordance with the Annual Contributions Contract. INSPECTION REPRESENTATIVE. The qualified inspector designated by the Purchaser to make inspections of the Project to determine conformity to the Contract. ' PROJECT. The Project, as more fully identified in Part I, to be acquired by the Purchaser under this Contract. PURCHASE PRICE. The total price for the Project. SUBSTANTIAL COMPLETION. The point when the Contract Work is in good and tenantable condition and there are no deficiencies otherIhan punch list items and items awaiting seasonal opportunity to complete. 2.2 IMPROVEMENTS (a) The completed improvements shall be in accordance with Exhibit B and in accordance with all applicable Federal, State and local laws and regulations. (b) Seller shall be responsible for delivery of the improvements in good and tenantable condition and in full compliance with paragr4ph (a) of this Section. Review or approval by the Purchaser and HUD of the working drawings, specify cations or other documents shall not relieve Seller of this responsibility. Seller shall have full and sole responsibility for subsurface investigations and foundation design, for any changes in details, dimensions or materials required to produce the complete improvements in accordance with paragraph (a), and for correction of any defects arising out of any design deficiencies. 2.3 ADJUSTMENTS 1N PURCHASE PRICE The Purchase Price shall be subject to the following adjustments: (a) Changes in the Purchase Price agreed to by reason of changes in the Contract Work pursuant 10 Section 2.5, shall be added or subtracted as the case may be. (b) The amount of any increase in the Purchase Price pursuant to Section 2.7(d), resulting from delay due to submission of a disagreement between the parties to HUD, shall be added. a 2.4 TIME FOR COMMENCEMENT AND COMPLETION OF WORK (a) The Seller shall commence the Contract Work not later than the date specified in this Contract, shall prosecute the Contract Work, with such diligence as will insure Substantial Completion by the date specified in this Contract, and shall Substantially Complete the work by such date. If Seller fails to commence, diligently prosecute or Substantially Complete the Contract Work in accordance with the Contract, Purchaser may terminate the Contract by notice to the Seller and in such case Seller shall not be entitled to any compensation. If the Purchaser is entitled to terminate the iContract under the preceding sentence, but omits to do so, such omission shall not be construed as, or constitute a waiver of, the Purchaser's rigltl to subsequently terminate Ilre Contract. I (b) (1) If the construction of the improvements is delayed, file Seller shall, within 10 working days from the beginning of the delay, notify the Purchaser in writing of,the delay and the causes for the delay. (2) At Substantial Completion of the Contract Work, the Purchaser shall determine the number of calendar days,.if II any, by which Substantial Completion of the Project was delayed beyond the date specified in ihisContraet, and the reasons for the delay. To the extent that the delay is determined by the Purchaser to be the result of unfore• sun causes (such as fire, flood, epidemic, strikes, unusually severe weather, or acts of the Federal Government or the Purchaser) beyond the control of the Seller and without flit fault or negligence of the Seller, and such causes of delay were reported 10 the Purchaser in accordance with paragraph (bxl) of this Section, the time for Sub. stanlial Completion of the Project shall he extended for the number of days that Substantial Completion is de• layed due to these causes. HUD•53015110.77) 7ta/ j MICROFILMED BY 'JORM MICROLAB :CEDAR RAPIDS -DES 140INES t 0 2•.5 CHANGES IN THE IsO1th No changes in the Contract Worl. shall be made without a written agreement, approved on its face by HUD. executed by the Seller and I'mchaser, and comuersigntd by Puichasrr's Inspection Repiesentalive. Such agrrrnu•ni shall state changes, if any, in the te'll's of this Contract concerning Purchase Price and/or time for commencement and/or Substantial Completion of - the Contract Work, and life agreement shall not be construed to affect these terns unless, and to the extent stated in the ` agreement. 2.6 INSPECTIONS DURING CONSTRUCTION (a) The Purchaser shall make inspections at least scmi-ntontldy to determine conformity with this Contract, and HUD may also make inspections for the same propose. Comments concerning inspections by Purchaser or HUD shall only be connmurrickled to the Seller through the Purchaser's Inspection Representative. The results of the Purchaser's in. slice ions shall be incorporated in written reports which shall include any observed defects or deficiencies in the im. proventents. Purchaser shall send copies of these reports, within frvr w•mking days of each inspection, to the Seller and IL) the Seller's lender for the Project. In the event of any dispute as to compliance with Exhibit R which arises in the course of the work and which cannot be resolved between the purchaser and Seller, the purchaser. upon request by fire Seller, will estimate the amount requited for correcting the defect or deficiency. (b) Notwithstanding the provisions of this Contract concerning inspections by Purchaser and HUD, it is expressly agreed that the Seller shall be solely responsible for timely completion of the Project. in accordance will) all contractual re- quiremems, and failure of Purchaser or HUD to make inspections or to provide reports of the inspections, shall not diminish or affect such responsibility. 2.7 FINAL INSPECTION, ACCEPTANCE (a) The Seller shall notify the Purchaser in writing of the date when in Seller's opinion the Contract Work, or stage where t applicable, will be Substantially Completed. Unless Purchaser has determined and so notifies the Seller, that file iContract Work or stage is not Snbsfantialh• Completed, Purchaser shall promptly arrange for a joint final inspection by t ihd Purchaser, the HUD representative, and the Seller. ! i(b) If the inspection in accordance with paragraph (a) has disclosed that the Contract Wotk is Substantially Completed: I (1) The Purchaser's inspection Representative shall provide a certification to the Purchaser• in the form prescribed iby HUD, (i) stating that the work is in good and tenantable condition, (I!) describing the punch list items and items awaiting seasonal opportunity in complete, and (iii) specifying the estimated amounts necessary to com• plete them, and shall also provide a copy of such certification to Seller. (2) The Seller sha11 deliver to the Purchaser a certification that (i) the work has been completed in accordance with this Contract except for the punch list items and items awaiting seasonal opportunity to complete listed on the certification of the Purchaser's Inspection Representative, (ii) there are no defects and deficiencies in the work - I except.such listed items, and (iii) the work is in good and tenantable condition. (3) The Purchaser and the Seller shall agree on a proposed time schedule for completion of the items. ! (c) Upon completion of all the conditions stated in paragraph (b) of this Section, the Purchaser shall submit for HUD approval an Interim Certificate of Completion on a four prescribed by HUD, which shall detail the punch list items and items awaiting seasonal opportunity to complete, and the proposed time schedule for completion of the item. - - (d) If the Purchaser's Inspection Representative fails or refuses to certify that the work is in good and tenantable condition at a time when tine Seller believes it is in such condition, or if the Seller disagrees with determinations by said Inspec- tion Representative of punch list items and items awaiting seasonal opportunity to complete, or of the amounts necessary to correct such items, the Seller may submit to the Purchaser a written statement of his position, with sub• i stantiafion. If the parties are unable to reach agreement within 10 working days from the date of such written state• mem, either party may submit the matter to HUD for determination, and the parties hereby agree that HUD's dctermi• nation shall be final.. If HUD's determination sustains the Sellers position, the Purchase Price shall be increased by an amount equal to interest on the amount which would otherwise have been paid to the Seller al an earlier date, for the period of delay due to the submission of fire matter to HUD, at the rate applicable to the Seller's construction financing during such Lgriod. ' 2.8 SETTLEMENT (a) At the settlement, the Seller shall deliver file following to the Purchaser: (1) A certification that (1) the Seller has complied with the provisions of the Contract relating to the payment of not less than prevailing wage rates, and (ii) to the best of the Seller's knowledge and belief there are no claims of - underpayment in alleged violation of said provisions of the Contract (in the event there arc any such pending claims to the knowledge of the Seller, the Purchaser, or HUD, the Seller shall place a sufficient amount, as deter- mined by the Purchaser and HUD, in escrow to be held by the Purchaser to assure such payments). , (2) A Certificate of Occupancy and all other approvals necessary for occupancy. t i j (3) As -built drawings of the work, at no additional cost to flit Purchaser, which shall have been currently maintained during construction, which shall be reproducible drawings on a permanent type of material, and which shall show accurately deviations from the Contract drawings and the exact locations of underground utilities and ap• purYenanees as referenced to permanent surface improvements. �! (4) Conveyance of the completed Project, to the Purchaser or assigns, by good and sufficient general warranty deed, I free and clear from all encumbrances, lions or claims except those specifically excepted or reserved in Exhibit C, and vesting title which shall be good of record and in fact, and which shall be merchantable. The Seller shall I also deliver, at no additional cost to the Purchaser, a title insurance policy naming the Purchaserasbeneffeiary, in the full amount of the Purchase Price of the Project. In case legal steps are necessary to perfect the title, such r action shall be taken promptly by the Seller at the Seller's own expense, and the time for settlement shall thereby he extended for the period necessary for such prompt action. j+ —6— IIUD-53015 110.771 MICROFILMED BY ' JORM MICROLAB jj CEDAR RAPIDS -DES 140INES 151 A release and hold ha):•�•ss aeiecmcm h Srllcr, in the form apprm;r-4y HUD, includiup the Seller's releau of all clamor under the C act except amsants. as listed in the rcica, �d hold IIannless aLie rnn•ot, wnlihcld by Purchaser in aeeurdance with the C'unuaet. c` (G) Assignment to I'mchascr of all guarantees and wan antics relating it, fileinhprovcnncnis and materials in equip- ment included therein, to the extent such guarantees and warranties are assiVnable. These grlalarhit•ra and war- , ratifies are listed in Exhibit D. The Seller shall be obligated• for the duration of these guaranices and warranties to assist the Purchaser in asserting rights thereunder as may he required. (7) Possession of file Project, with right of occupancy in the Purchaser from that time, provided, however, that delivery of possession or actual occupancy shall nor relieve the Seller of liability 10 perform any walk required by rhe Contract but not completed at the time of such delivery of possession or commencement of occupancy. (b) All delinquent taxes and assessments which are a lien against the property shall be satisfied of record by rhe Seller. (c) All written notices of violations of governmental orders or requirements• or action in any court on account thereof. against or affecting rhe Project at the time of settlement. shall be complied with by the Seller• and rhe Project shall be conveyed free thereof. (d) Upon satisfaction by the Seller of all requirements of this Section. the Purchaser shall pay the Purchase Price as adjust. ed in accordance with Section 2.3, minus the following withholdings: (1) The Purchaser shall withhold from the Purchase Price an amount equal to one and one-half(] V.) times the I amount certified by the Inspection Representative as necessary w complete the punch list items and items aw•nif- ing seasonal opportunity 10 complete listed on rhe Interim Certificate of Completion. (2')- The Purchaser shall also withhold front the Purchase Price an additional amount in connection with warranties in accordance with the terms of Section 2.10(b) unless the Seller elects to use the alternative to such withholding authorized by that Section. 4 j(e) The following adjustments shall also be made of settlement: I (1) Water rens and operating charges shall be adjusted to the date of setlenunt. I (2) Real property taxes and assessments (other than assessments for improvements benefiting the property) shall be adjusted to the Date of this Contract. (3) All outstanding assessments for improvements benefitting the property, including future installments thereon, shall bdpaid in full by the Seller. (4) Purchaser shall pay all closing or settlement costs, including the cost of preparing the deed, the cost incidental to execution and recordation of the deed, and all documentary taxes applicable to the transaction. 2.9 FINAL CERTIFICATE OF COMPLETION The Seller shall complete the punch list items and items awaiting seasonal opportunity in accordance with the HUD -approved time schedule for completion of be items. The Seller will be paid for such items only after inspection and acceptance by the Purchaser, and HUD approval of the payment. The Purchaser shall not accept any item if there is a dispute as to whether .. such item has been completed. If the Purchaser is satisfied that the Seller has completed the items listed in Ute Interim Certi- ficate of Completion, and has complied with all provisions of the Contract, the Purchaser shalt submit to HUD for approval j - a Final Certificate of Completion in a form prescribed by HUD. Upon HUD approval of the Final Certificate of Completion, the Purchaser shall release to the Seller any amount withheld with respect to the items listed on the Interim Certificate of Completion. - 2.10 WARRANTIES (a) Seller shalt promptly remedy any defects due to faulty materials or workmanship which may appearwithin the warran- ty periods and pay for any damage to other work resulting from such defects. The warranty periods shall be: (1) one year from the date of HUD approval of file Interim Certificate of Completion for all work accepted as completed on that dale, (2) one year from the dale of HUD approval of the Final Certificate of Completion for aft items completed since the date'of approval of the Interim Certificate, and (3) one growing season for all landscaping items. (b) As assurance for the performance of rhe Seller's obligations under paragraph (a) of this Section, the Purchaser shalt withhold from the Purchase Price an amount equal to two and one-half percent (2h7r) of the Purchase Price. The with - field amount shalt be used to pay fire actual cost or expense necessary for performance of such obligations. Promptly after the expiration of each of the warranty periods, Purchaser shall pay to Seller any balance of such withheld amount not required for such performance, as determined by file Purchaser. No interest shall accrue to the Seller on tine with- held amount. As an alternative to withholding, the Seller may furnish file Purchaser with an unconditional and irrevo- cable tetter of credit unconditionally payable upon demand of the Purchaser, issued by a banking institution in the same amount. 2.11 FIRE AND OTHER CASUALTY INSURANCE The risk of toss or damage to the Project by file or other casualty until the time of conveyance to the Purchaser is assumed by the Seller. Insurance coverage from the time of conveyance shall be the responsibility of the Purchaser. —7— Hu0.53015110.77) MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES 2.12 PREVAILING SALARIES OR I ----;ES (a) -Tire Seller shall pay tri all architects, technical engineers. draftsmen and technicians employed in the drselopnfent of file Project not less than the salaries or wages prevailing in the locality of the Project, as d7•ter nined or adopted (sitb. sequenl to a determination under applicable State or local law) by HUD. (b) The Seller shall pay to all laborers and mechanics employed in the development of the Project not less than the wages prevailing in the locality of the Project, as predetermined by the Scnetary of Labor pursuant In the Davis -Bacon Act (40 U.S.C., Secs. 276a to 276a5). (c) All mechanics and laborers employed in the development of the project will be paid unconditionally and not less often than Once a week, and without subsequent deduction or rebate on any account (except such payrnll deductions as are pmnritredsby regulations issued by the Secretary of Labor under the Copeland Act (40 U.S.C. 276e, 29 CFR, Part 3)). the full amounts due at time of payment computed at wage Fares not less than those contained in the wage dttennina• tion decision of the Secretary of Labor which is attached hereto as Exhibit E and made a part hereof, regardless of any orntraetual relationship which may be alleged to exist between tilt Seller or subcontractor and such laborers and Inc. ehanics; and the wage determination decision shall be posted by the Seller at the site of the work in a prominent place "-hese it can be easily seen by tilt workers. For dee punpuse of this clause, contributions made or costs reasonably anticipated under Section I(b)f2) of rhe Davis -Bacon Act on behalf oflaborers or mechanics are considered wages paid to such laborers or mechanics. subject to the provisions of 29 CPR 5.50)(00v). Also for the purpose of this clause. regular contributions made or costs incurred for more than a weekly period under plans, funds, or programs, but covering the particular weekly period, are deemed to be constructively made or incurred during such weekly period. (d) The Purchaser shall require that any class of laborers or mechanics. including apprentices and trainees, which is nm listed in the wage determination and which is to be employed under tilt Contract, shall be classified of reclassified conformably to the wage determination and a repun of the action taken shall be sent by HUD to the Secretary of Labor. In the event the Seller. tile Purchaser and HUD cannot agree On the proper classification Or reclassification of e particular class of laborers and mechanics, including apprentices and trainees, to be used, flit question, accompanied by the Purchaser's recommendation, shall be reported by the Purchaser to HUD for resolution in accordance with Sec - 'tion 2.17(a). (c) The Seller may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably aniieipa- ted in pre.iiding benches under a plan or program described in Section I(b)(2)(B) of the Davis -Bacon Act, or any bona fide fringe benefits not expressly listed in Section )(b)(2) of the Davis -Bacon Act or otherwise not listed in the wage determination decision of the Secretary of Labor which is included in this Contract, only when the Secretary of Labor has found, upon the written request of the Seller, that the applicable standards of the Davis -Bacon Act have been met. ligfenever practicable, the Seller should request the Secretary of Labor to make such findings before the making of the Contract. In the event of unfunded plans and programs, sire Secretary of Labor may require the Seller to set aside in a separate account assets for the meeting of obligations under the plan or program. (f) The Purchaser shall require, whenever the minimum wage rate prescribed in the contract for a class of laborers or me- chanics includes a fringe benefit which is not expressed as an hourly wage rate and the Seller is obligated to pay a cash equivalent?of such a fringe benefit, an hourly cash equivalent thereof to be established. In the event the Seller, the Pur- chaser and HUD cannot agree upon a cash equivalent of the fringe benefit, the question, accompanied by the Purchas. er's recommendation, shall be reported by the Purchaser to HUD for resolution in accordance with Section 2.17(a). (g) jr the Seller does not make payments to a trustee or other third person, the Seller may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing benefits under a plan or program of a type expressly listed in the wage determination decision of the Secretary of Labor which is a part of this contract; Provided, however, the Secretary of Labor has found, upon the written request of the Seller, that the applicable stand- ards of fire Davis -Bacon Act have been met. The Secretary of labor may require Seller to set aside in a separate ac- count assets for the meeting of obligations under the plan or program. (I)) The Purchaser will not make any payment under this Contract unless and until the Purchaser has received a signed statement From the Seller that such Seller and each of the Seller's subcontractors has made payment to each class of employees in compliance wills the applicable preceding provisions of this Secfinn, and Section 2.13. (i) If the Seller or any of the Seller's subcontractors finds it necessary or desirable to exceed the prevailing salary or wage rates speciPed in accordance will) paragraph (a) or (b) of this Section, any expense incurred by the Seller or subcon. tractor because of the payment of salaries or wages in excess of such amounts shall not be cause for any increase in the amount payable under this Contract. The Purchaser shall not consider or allow, any claim for additional compensation by the Seller or subcontractor because of such payments. Q) (1) Apprentices will be permitted to work at less than the predetermined rate fat the work they performed when they are employed and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with.2 State Apprenticeship Agency recognized by the Bureau, or if a person is employed in the first 90 days of problitionary employment as an apprentice in such an apprenticeship program, who is not individually registered in flit program, but who has been certified by the Bureau of Apprenticeship and Training of a State Apprentice- ship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen in any craft classification shall not be greater than the ratio permitted to the Seller as to die entire work force under the registered program. Any employee listed on a payroll at an appfen- lice wage rate, who is not a trainee as defined in paragraph (2); or is not registered or otherwise employed as slated above, shall be paid the wage rate determined by life Secretary of Labor for fife classification of work actually performed. Tile Seller or subcontractor will be required to furnish to the Contracting Officer or a rep- resentative Of the Wage -Hour Division of tl)e U.S. Department of Labor written evidence of the registration of the program and apprentices as well as the appropriate ratios and wage rates (expressed in percentages of the journeyman knurly rates), rot the area of eonstruclion prior to usingany appienlices on the Contract Work. The wage rate paid apprentices shall be not less than the appropriate percentage of thejourncyman's rate contained in the applicable wage determination. B HUD -53015110.77) ' 78L MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES IN (2) f sce•pI a, 1•:ovide•d m_y( ('Flt s.1 5. trainee%will Tru' be permitted !9- 11. a: less than the• Piedetcrnined laic for the work 11:Ilinnu•d ss they ate e•nrplu)'ed pursuant To and ind, illy tcFiste•re•d in a program which has It. ccived pro: approval. evidenced by formal certification b% file U.S. Drpannte'nf Of Labor. Enfpluyment and Training Administration, B!"cau of Apprenticeship and Training. The far in of trainra•s Tojuui inplo) shall pot be greater than permitted under The plan approved by the Bureau of Apprenticeship and Training. Ever)- trainee must be paid at nor less than The rate specified in the approved program for the trainee's level of pmerrss. Any : employee I:sled on the payroll at a Trainee rare who is not repisfcied and participating in a Training plan approved by the Bmrau of Apprenticeship and Training shall be paid not less Than the wage rare determined by The Secre• far), of Labor for the classification of work actually petfoinied. The Seller or subcumreclot will be required r, furnish the Contracting Officer or a representative of the Wagc•llour Division of the U.S. Department of Labor written evidence of the certification of the program, The registration of the Trainees, and Tile ratios and wage rams prescribed in that program. In the event The Bureau of Apprenticeship and Training withdraws apprm•al of a Irair0l; pn•eram, the Seller will no longer be permitted to utilize trainees at less than the applicable picdcier• mined tale ],)I The wnik perfunned until an acceptable program is approved. (k) No laborer or mechanic employed in the development of file 1'rojec, shall be discharecd or in any ()tile mated against because such lr manner discrini• aborer or mechanic has filed any complaint on instituted or caused To be instituted any prnreeJings or has testified of is about To Testify in any proceedings tinder or relating to ,he labor standards ineorpora- Ted in file Contract. 2.13 CONTRACT WORK HOURS AND SAFETY STANDARD ACT • OVERTIME COMPENSATION 11 As used in this Section, the terms "laborers" and "mechanics" include watchmen and guards. (a) Overtime Requirements. No Seller or -subcontractor contracting for any pan of the Contract \4'ork which may require or involve thr.e cuoymenl of laborers or mechanics shall require or permit any lahoter or mechanic in any workweek in which such laborer or mechanic is employed on such work to work in excess of eight hours in any calendar day or in excess of fort) hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and ote•hali times the basic rate of pay for all hours worked in excess of eight hours in any calendar day or in excess of forty hr�rs in such workweek, as the case may be. (b) Violation, liabilitt for on iaid waLes. Ii uidated dams es. In the event of any violation of the clause set forth in para. graph (a), a Smer and any subcontractor responsible therefor shall be liable to any affected employee for wages. In addition. such Seller and subcontractor shall be liable to the United States for unpaid liquidated damages. Such liquidated damage, shall be computed, with respect to each individual laborer or mechanic employed in violation of the clause set foth in paragraph (a), in the sum of 510 for each calendar day on which such employee was required or permitted to uork in excess of eight hours or in excess of the standard workweek of folly hours without payment of the overtime wgtes required by the clause set forth in paragraph (a). (c) Withholding for unpaid wages and liquidated damages. The Purchaser may withhold or cause to be withheld, from any momes payable enc accoum o woe per orme by t e Seller or subcontractor, such sums as may administratively be determine4to be necessary to satisfy any liabilities of such Seller or subcontractor for unpaid wages and liquidated damages as providtJ in the clause set forth in paragraph (b). (d) Compliance with action 107(a) of the Act. The Seller shall comply with Section 107(a) of the Contract Work Hours endSa ety Stands s Act 40 U.S.C. _N. a ) and all regulations, rulings and interpretations of the Secretary of Labor issued thereunder, which are herein incorporated by reference. 2.14 COMPLIANCE WITH CLY'ELAND REGULATIONS (29 CFR, PART 3) - The Seller shall comply with the Copeland Regulations (29 CFR, Pan 3) of she Secretary of Labor which are herein intoe posted by reference. 2.15 PAYROLLS AND RELATED REPORTS (a) Payrolls and basic records relating thereto shall be maintained during the course of the work and preserved by the Seller and subconructors for a period of three years thereafter for all laborers and mechanics employed in the deve!• opment of Me Priect. Such records shall contain lite name and address of each such emplovee, the correct classifica• tion, rates of pay rrrcluding mtes of contributions or costs anticipated of the types described in Section 1(b)(2) of the Davis -Bacon Act).:aily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labo: bus found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any c.,s reasonably anticipated in providing benefits under a plan or program described in Section 1(b) (2)(B) of the Day. •Bacon Act, the Seller shall maintain records which show that the commitment to provide such benefits is enforcecble, that the plan or program is financially responsible, and that tite plan or program has been com• municared in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in pr.,iding such benefits. (b) Tile Seller shall submit weekly' to the Purchaser such copies and summaries (on forms prescribed by HUD and famished by the Purchase,) ,r all the Seller's payrolls and those of each of the subro require. Each suet pntmnors, as the Purchaser or HUD maypayroll and summary shall be accompanied by a statement signed by The employer or the employ ci's agent indictsiNg that (1) the payrolls are correct and complete, (2) the wage rates contained therein are not less than those determned by the Secretary of Labor, and (3) the classifications set forth for each laborer or mechanic conform with the • urk performed. A submission of a "Weekly Statement of Compliance" is required under this Con• tract and the Coprund regulations of the Secretary of Labor (29 CFR, Part 3) and lite (ding with the initial payroll or any subsequent p: Full of a copy of any findings byIlse Secretary of Labor under 29 CFR 5,5(a)(1)(iv) shall satisfy this requirement. lite Seller shall be responsible for Ilse submission of topics of payrolls of all subcontractors. The Seller will be regwed to make the records required under this Section 2.15 available for inspection by authorized representatives of ate Purchaser, HUD and the Department of Labor, and will permit such representatives to interview employees during looking hours on the job. Contractors employing apprentices or trainees under approved programs shall include a nnwion on the first weekly certified payrolls submitted to the contracting agencies that their employ rncni is pursuant Iran approved program and shall identify ilfc program. 9 HUD•53DIB I10-771 714 MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES (e) The Seller shall also fumisb.tLo file Plrrihafel any other infunnation or cerjCgatinns relating to torp pyres in such form as the Purchaser may requ 2.16 WAGE CLAIMS AND ADJUSTMENTS c <� In case of underpayment of salaries or wages to any architects, technical engineers, draftsmen, technicians, laborers, or mechanics (including apprentices and trainees) by the Seller or any of the Seller's subcontractors, the Purchaser may with-° hold from the Seller out of payments due, an amount sufficient to pay persons employed on the work covered by the Con. ' tract the difference between the salaries or wages required to be paid under the Contract and the salaries or wages actually paid such employees for the Iota] number of hours worked, and the amounts withheld may be disbursed by the Purchaser for and on account of the Seller or the subcontractor to the respective employees to whom they are due. 2.17 DISPUTES CONCERNING WAGE RATES AND CLASSIFICATION OF LABOR (a) All disputes concerning the payment of prevailing wage 131CS or classifications arising under this Contract or under any subcontract shall be promptly reported by the Purchaser to HUD for decision or, at file option of HUD, referral to the Secretary of Labor. The decision of HUD or the Secretary of Labor, as the case may be, shall be final. (b) All questions arising under this Contract or any subcontract relating to the application or interpretation of the Cope- land Act, the Contract Work Hours and Safer, Standards Act or Section 12 of the United States HousingAel of 1937 shall be referred by fire Purchaser to HUD for ruling or interpretation or, at the option of HUD, referral to file Secre. tary of Labor. The ruling or interpretation by HUD or the Secretary of Labor, as the case may be, shall be final. 2.18 TEILMINAT10N BECAUSE OF VIOLATION OF LABOR PROVISIONS Seller's breach of Sections 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, or 2.19 may be grounds for termination of this Contract and ' for debarment as provided in 29 CFR 5.6, or 24 CFR, Part 24. 2.19 INSERr)ON OF LABOR PROVISIONS IN SUBCONTRACTS The Seller shall insert in any, subcontracts the provisions (appropriately modified) of Sections 2.12, 2.13, 2.14, 2.15, 2.16, 2.17, 2.18, and '2.19, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts which they ma%zemer into together with a clause requiring this insertion in any further subcontracts that may. in turn be made. 2.20 EQUAL EMPLOYMENT OPPORTUNITY (a) During the performance of this Contract, the Seller agrees as follows: (1) The Seller will not discriminate against any employee or applicant for employment because of race, color, re- - - ligion, sex, or national origin. The Seller will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensa- tion: and selection for training, including apprenticeship. The Seller agrees to post in conspicuous places, availa. ble to employees and applicants for employment, notices to be provided by the Purchaser setting forth the provi- sions of this Equal Opportunity clause. (2) The Seller will, in all solicitations or advertisements for employees placed by or on behalf of the Seller, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. (3) The Seller will send to each labor union or representative of workers with which Seller has a collective bargaining agreement or other contract or understanding, a notice to be provided by the purchaser advising the said labor union or workers' representative of the Seller's commitments under this Section 2.20, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Seller will cornply with all provisions of Executive Order 11246 of September 24, 1965, and of tire rules, regulations, and relevant orders of the Secretary of Labor. (5) The Seller will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor or pursuant thereto, and will permit access to the Seller's books, records and accounts by HUD and the Secretary of Labor for purposes of investigation to ascet- lain compliance with such rules, regulations and orders. (6) In Ole event of the Seller's noncompliance with the Equal Opportunity clause of this Contract or with any of the said rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the Seller may be declared ineligible far further Government contracts or federally assisted construction contracts in accordance with procedures authorised in Executive Order 11246 of September 24, )965, and such other sanctions Ina, be imposed and remedies invoked as provided in Executive Older 11246 of September 24, 1965, or by rules, regulatinn, or order of the Secretary of Labor or as otherwise provided by law, (7) The Seller will include the previsions of paragraph (a) in every subcontract or purchase older unless exempted by the rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Seller will take such action with respect to any subcontract or purchase order as HUD may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event the Seller becomes involved in or is threatened with litigation with a subcontractor or vendor as a result of such direction by HUD, the Seller may request the United States to enter into such litigation to protect the interests of the United Slates. — 10— HUD -53015 110.771 _! r MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES 1401NES IIN 70 (b) In the crem the lender ial.esa4,er performance of this Cunuact. The Icud;"A:01, will] respect to am ub6panons im• posed in cupneetion with it .onset pursuant to Executive Order 11246 repulmions issued pursuant thereto, be considered an applicant and not a contractor. The lender shall, in such evem, he subject to all obligations of an appli• cant under said Order and regulations, and shall be subject to the ubl0catioas of an applicant•euntained in the Equal; *r Opportunity clause appearing in 24 CPR Section 130.15(6) of regulations of the Department of Housing and Urban Development in lieu of the obligations of the• Seller contained in paragraph (a) of this Section 2.20. 2.21 SECTION 3 OF THE HUD ACT OF 1966 (Eh1PL0YAIENT AND BUSINESS OPPORTUNIl'IES FOR LOWER IN. COME RESIDENTS OF PROJECT AREA) (a) The work to be performed under this Contract is an a Project assisted under a program providing direct Federal financ. ial assistance from the Department of Housing and Urban Development and is subject to the requiu•menu of Section 3 of the Housing and Urban Development Act of 1966, asamended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given lower income residents of the project arca and contracts for work in connection with the Project be awarded to business concerns which are located in, or owned in substantial part by persons residing in Are arca of the Project. (b) The parties to this Conuacl 1011 comply wish Ore provisions of said Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development set forth 0n 24 CFR, Part 135, and all applicable rules and orders of the Department issued thereunder prior to the execution of this Contract. The parties to this Contract certify and agree that they are under no contractual or other disabiliq• which would prevent them from complying with these requirements. :(c) The Seller will send to each labor organization or representative of workers with which the Seller has a collective ° bargaining agreement or other contract or understanding. if any, a notice advising the said labor organization or worked representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. (d) The Seller will include this Section 3 clause in every subcontract for work in connection with the Project and will, at the difeCti02 of Ase Purchaser, take appropriate action pursuant to the subcontract upon a finding that the subcon• tractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR, Part 135. The Seller will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR, Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. 2.22 PROHIBITION AGAINST TRANSFER OF CONTRACTOR PROJECT (a) The Seller agrees that Seller has not made, and that Seller shall not make or agree to make, any sale, assignment, con• veyance, or (ransfer in any other form, of this Contract or the Project, or any part thereof or any interest therein ex. cept as follows: (I) To an entity to which this Contract has been assigned with lite prior written consent of the Purchaser and HUD. (2) To Seller's lender for the purpose of obtaining financing of the completion of the Project, to which assignment Ilse Purchaser and HUD shall consent in writing if requested by the Seller or the lender. (b) For the purposes of this Section, a transfer of stock in the Seller, in whole or in part, by a party holding 10 percent or more of the stock of the Seller, or a transfer by more than one stockholder of the Seller of 10 percent or more of the stock of the Seller, or any other similarly significant change in the ownership of such stock or in the relative distribu• tion thereof, or with respect to the parties in control of the Seller or Ute degree thereof, by any other method or means, whether by increased capitalization, merger with another corporation, corporate or other amendments, issuance of new or additional stock or classification of stock or otherwise, shall be deemed an assignment or conveyance with respect to this Contracllor the Project. With respect to this provision, the Seller and the parties signing this Contract on behalf of lilt Seller represent that they have the authority of all the Seller's existing stockholders to agree to this provision on their behalf and to bind them with respect thereto. The Seller agrees to notify the Purchaser promptly of any such proposed transfer and to request written approval thereof. 2.23 THIRDPARTIES (a) Nothing in this Contract shall be construed to create any relationship between (1) Seller's lender or any subcontractor or supplier no lite one hand, and (2) the Purchaser or HUD on the other. No action may be brought by Seller's lender or any subcomractor or supplier against the Purchaser or HUD based on this Contract. (b) The Seller shall insert 0n any subcontracts the provisions (appropriately modified) of this Section 2.23; and also a clause requiring the subcontractors to include this clause in any lower tier subcontracts which they may enter into, together with a clause requiring this insertion in any further subcontracts that may, in turn be made. 2.24 CONFLICT OF INTEREST No member, officer or employee of the Purchaser, no member of the governing body of the locality in which the Project is situated, no member of the governing body of the locality in which the Pmchasci was activated, and no other public official of such locality nr localities who exercises any functions or responsibilities with respect to the Project, shall have any interest, direct or indirect, during his or her tenure or for one year thereafter, 0n this Contract or the proceeds from the Contract. — I I — HUD53015 (10.771 —� MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L', 796 "EXHIBIT C - Land" Legal Description Parcel 1: 333 South Lucas Street Beginning at the Northeast corner of Block Three of Berryhill's Second Addition to Iowa City, Iowa, according to the recorded plat thereof being also a point on the West line of South Lucas Street; Thence SO 25'33"W, 50.00 feet on said West line; Thence West4158.21 feet to the East line of the alley; Thence N0020'39"W, 50.00 feet on said West line to the South line of said Outlot 28; Thence East 158.51 feet to the Point of Beginning. Said tract containing 7927.00 square feet. City retains a permanent storm sewer easement over the north 72 feet of the above-described tract; in addition, City retains a permanent sanitary sewer easement, as follows: Commencing at the NE corner of Block Three of Berryhill's Second Addition to Iowa City, Iowa, according to the recorded plat thereof being also a point on the West R.O.W. line of South Lucas Street; Thence 50025'33"W, 50 feet on said West R.O.W. line; Thence West 131.5 feet to the Point of Beginning; Thence West 13 feet; Thence Northwesterly to a point on the East R.O.W. line of the alley, said point lying 33 feet South of the NW corner of Block Three in said addition; Thence N00020'39"W, 16 feet on said East R.O.W. line; Thence Southeasterly to the Point of Beginning. Parcel 2: 900 Block North Dodge Street (Old Water Tower Site) Commencing at the intersection of the South line of Section 3, Township 79 North, Range 6 West.of the 5th. Principal Meridian and the centerline of North Dodge Street, Thence North 55.8 feet; Thence N26027'E, 604.3 feet; Thence N37042'E, 144.5 feet; Thence N52°18'W, 33.0 feet to the Westerly line of North Dodge Street and the'Point of Beginning as platted and recorded in Johnson County, Iowa, Book 5, page 61; Thence N39005'43"W, 209.90 feet; Thence N48037'50"E, 126.68 feet; Thence S37022'50"E, 186.62 feet to the Westerly line of North Dodge Street; Thence on said Westerly line at North Dodge Street 537042'00"W, 124.28 feet to the Point of Beginning; said tract containing 24,491.0 square feet. City retains a permanent storm sewer easement over the northeasterly 5 feet of the above-described tract. Parcel 3: 1900 F Street Beginning at the Southeast corner of Block 41, East Iowa City, in Section 14, Township 79 North, Range 6 West of the 5th. Principal 'Meridian; thence North 105 feet along the East line ,.,of said Block 41; thence Northeasterly along a line to a point that is 147.5 feet North of the Southwest corner of Block 34, of said East Iowa City; thence South 147.5 feet to the Southwest corner of said Block 34; thence 589052'40"W, 75 feet to the Point of Beginning. Said tract of land contains 0.22 acres. City retains a permanent Public Utility easement over the East 20 feet of said tract, together with the South 10 feet of the West 10 feet of the above-described tract for an overhead utility easement. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES L", rMW ff -2- Parcel 4: 1200 Highland Avenue /1 Beginning at the Southeast corner of Lot 44, Kirkwood Place, an addition to Iowa City, Iowa, as recorded in Book 3, Page 126 of the Johnson County Recorder's Office; Thence N01003'34"E 139.30 feet along the Westerly R.O.W. line of Pickard Street to the SE corner of Lot 43 of said Kirkwood Place; Thence easterly 60.00 feet to the Southwest corner of Lot 47, Kirkwood Place; Thence 501003'34"W 139.90 feet along the easterly R.O.W. of Pickard Street to the SW corner of Lot 58 of said Kirkwood Place; Thence N88049'00"W 60.00 feet along the Northerly R.O.W. line of High- land Avenue to the Point of Beginning. City retains a permanent sanitary sewer easement over the following described property: Commencing at the NE corner of Lot 44, Kirkwood Place, an addition to Iowa City, Iowa as recorded in Book 3, Page 126 of the Johnson County Recorder's Office; Thence 588059'46" E, 15.0 feet to the Point of Beginning. Thence 588059'46"E 16.0 feet; Thence South- easterly to a point that is 501003'34"W of and 60 feet from the NW corner of Lot 58 in said addition; Thence S01003'34"W 22 feet along the Easterly R.O.W. line of Pickard Street; Thence North- westerly to the Point of Beginning. Parcel 5: 2721 and 2727 Muscatine Avenue Lots 1 and 2, in Block Three, in Towncrest Addition Part Two revised to Iowa City, Iowa, according to the plat thereof and described as follows: Conoencing at a point on the centerline of the pavement of Muscatine Avenue in Iowa City, Iowa, said point being 1299.87 feet East of the Northwest corner of the Southwest Quarter of Section 13, Township 79 North, Range 6 West of the 5th. P.M.; Thence SO037'W, 40.00 feet; Thence East 165 feet; Thence South 148 feet; Thence East 160 feet to the Point of Beginning; Thence North 148.00 feet; Thence East, 159.45 feet; Thence 501016'58"E, 148.30 feet; Thence N89049'12"W, 82.77 feet; Thence West 80.00 feet to the Point of Beginning. Said tract containing 23,854 square feet. All in accordance with the recorded plat in Plat Book 6, page 6, Johnson County, Iowa. Subject to permanent sanitary easement of record, Book 550, page 330 in the Johnson County Recorder's Office, as indicated in "Exhibit All. Parcel 6: 1926 and 1946 Broadway Lot 2, of Block 2 of Braverman Center, Iowa City, Iowa, according to the recorded plat thereof. Recorded in Plat Book 7, page 20 of the plat records of Johnson County, Iowa. 70- MICROFILMED BY 'DORM MICRO_ LAB CEDAR RAPIDS -DES MOINES '"1 00 EXHIBIT D -- GUARANTEES AND WARRANTIES -------------------------'-----'- o (Project No. -IA 22-3) (Iowa City, Iowa) Pursuant to Section 2.8(a) (6) of this Turnkey Contract of Sale for Project No. IA 22-3, the Seller shall deliver to the Purchases (at the times of settlement as defined in said Turnkey Contract of Sale) an assignment to Purchaser of all guarantees and warranties relating to the improvements and materials or equipment included therein, to the extent such guarantees and warranties are assignable. The Seller shall be obligated, for the duration of these guarantees and warranties, to assist the Purchaser in asserting rights thereunder as may be required. These guarantees and warranties include, but may not be limited to, the following items: .I � 1. Prefabricators Certification Form 2. Soil Treatment 3. Cellulose Insulation 4. Sheathing S. Windows 6. Exterior Doors 7. Exterior Siding r B. Roofing Shingles 9. Vent Fan - 10. Plumbing Fixtures 11. Carpeting 12. Cabinetry 13. Laminates 14. Range Rood 15.Appliances - - I 16. Interior Doors 6 Trim - 17: Hardware 18. Heating Equipment •1-9. Plantings- - —• MICROFILMED BY 'JORM MICROLAB 6EDAR RAPIDS -DES MOINES L I�. i� i � 3:B -i02 i - 11, S. DEPARTMENT OF LABOR. REQUEST FOIA DETERMINATION (Davis Bacon Act as Amended EMPLOYMENT STANDARDS ADMINISTRATION AND RESPONSE TO REQUEST and Related Statutes) FOR DEPARTMENT Reque Ing ftice�yp amnd slgnc re) �7�n CHECK OR LIST CRAFTS NEEDED (Attac contin ation sheet it needed) OF LABOR USE Seupervig✓ Vleet Acti �—':r; workers Response To Request ntnt AoS, or Phone Number one Pu(?,?uan Development Boilermakers ' paratrmee ,ZBricklayers a. ❑ Use area determination Room 259 Fed. Bldg., 210 V/alnut Street FTS 862-4467 -LGCarpenters Issued for this area, 08 1cFTMel3'Fia b(•.;u9 Est. Advertising Date Est.)D=ji +''b�j Date _LLCement masons Const. Start -L-'ElectriciansEarly Spring, 1981 — Glaziers Prior Decision Est. $ Value of Contract Type of Work —Ironworkers "*) Number (if anyl ❑ Under 'A Mil. M)4 to 5 MII. ❑ Bldg, [],Highway ✓Laborers, (specify classes) . %t- (p,- 31$ ❑ 1/2 to 1 Mi I. ❑Over 5 MO. )3 Resld. ❑ Heavy _!C Ih n er Q"�iO b. The attached decision •�• —�• 'S6" � noted below is applicable _Location of Project (city or other description) — to this project Iowa City — Dacision Number County Slate Lathers Johnson Iowa — tile setters, -==z== Address to which wage determination should be mailed. Must be Gate of,pecisipn -ll- SI r,- ,; - complete and Include ZIP Code. (Print or type) <. '.., _, •. _ - __........._.__.._.._ ✓Painters — Piledrivermen , _ Plasterers Expires t. , jo J[;;I ;, :;i,1 ✓ Plumbers 9V - b5- ¢ ( u � .!Roofers Supers des D c(sion Number Department of Housing & Urban Development ,••• I • • 0.S ir,,,l,_a .�.•., -L�hcet metal workers r' floor layers ' Room 259 Fed. Bldg., 210 Walnut Street SEI;VICE OFFICE _ie'5oft Des Moines, Iowa 50309 —Steamliters — Welders -rate for craft Approved �Fruck drivers ATTN: Jane E. Newberry, Wage Rate Clerk Power equipment operators, Wage Survey by Agency Attached fWD�geSurvey by Agency In Progress (specitytypes) v b • IlduZt �f�i ❑ YES NO ❑ YES ® NO �/ Description of Work (Be specific) (Print or type) IA 22-3 — C•irisiu: ri Govcrnr: en;— tact scattered sites, single family, new conslrucl•ion ietornir..tions Division Other crafts Public Housing — • n sraNDaRD FORM— 3-'; JW.e 1572 (THIS RLPLACES F01T4S DB -11 & DB -11 a) CPOt 1071 0.111.57 U.S. DENAn T]'ChT OF LASOA 179 C"I S•.,ot ve '. n,.t 1 MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES ice, /• C i Bricklayers Can--nt Masons Electricians Carpenters/Drywall Installers Ironworkers I.abdrers Painters Pltnnbers Roofers Sheet bLtal Workers WIER EQUIPM NT OPERATORS: Backhoe Fmdlaoder Grader 399 -Iowa -1 Basle Hourly Fringe Benefits Payments Education 0 H S W Cs _ 7 � i•l I r Ill � •� • L, I_`I .7 p) 7.67 Ce 1I m : 6.93' ^i 399 -Iowa -1 Basle Hourly Fringe Benefits Payments Education Rates H S W Pensions Vacation and/or Appr. Tr. $12.20 8.00 7.67 6.93' 8.75 5.93 7.50 8.13 5.58 720 : 8.75 7.75 7.00. I Unlisted classifications needed for wort: not included within the :;cope of the classifications listed may be added after award o:ll.y vs Provided in the labor standards contract clauses (29 CFR, 5.5 (a) (1) (ii). i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES t .r EXHIBIT F -- SCHEDULE OF STAGED COMPLETION STAGE I - CONSISTS OF 6 UNITS ON SITES 1, 2, 3 AND 4. i START OF CONSTRUCTION NO LATER THAN JUNE 15, 1981. COMPLETION AND ACCEPTANCE NO LATER THAN SEPTEMB[R 5. 1961. i PURCHASE PRICE $ 339.444 '• LESS 5% WITHHOLD $ 16.972 PAY OUT WITHIN 10 DAYS OF ACCEPTANCE STAGE II CONSISTS OF 8 UNITS ON SITE 5. START OF CONSTRUCTION NO LATER THAN AUGUST 10. 1981 COMPLETION E ACCEPTANCE NO LATER THAN NOVEMBER 23, 1981, PURCHASE PRICE $ 341.486 LESS 5X_ WITHHOLD E 17.074 PAYOUT WITHIN 10 DAYS OF ACCEPTANCE STAGE III i �I CONSISTS OF 18 UNITS ON SITE 6. START OF CONSTRUCTION NO LATER THAN SEPTEMBER 14, I981. COMPLETION L ACCEPTANCE NO LATER THAN APRIL S. 1982 - PURCHASE PNfcE S 872,493 PLUS 5% WITHHELD FROM STAGE I G II $ 34,046 *PAYOUT WITHIN 10 DAYS OF ACCEPTANCE *SEE PARAGRAPH 2.10 CONCERNING WITHHOLDING AS ASSURANCE FOR i THE PERFORMANCE OF THE SELLER. iSEE EXHIBIT C (LAND - LEGAL DESCRIPTION) FOR COMPLETE LEGAL DESCRIPTION OF EACH SITE. SEE EXHIBIT B (PLANS AND SPECIFICATIONS)FOR COMPLETE DES- CRIPTION OF IMPROVEMENTS. j MICROFILMED BY 'JORM MICROLAB i CEDAR RAPIDS -DES -MOINES r A. 00 70- J EXHIBIT G -- EXTRACT OF MEMORANDUM OF UNDERSTANDING DATED MAY 21, 1981 ITEM #5: 111F IT IS DISCOVERED DURING CONSTRUCTION THAT THE ADDED EXCAVATION AS DETERMINED BY THE PURCHASER AS APPROVED BY HUD; AS INDICATED IN THE SOILS REPORT IS NOT REQUIRED, THE DEVELOPER WILL SUBMIT CHANGE ORDERS 1 TO REDUCE THE CONTRACT PRICE AS FOLLOWS: SITE NO. I - NO ADDITIONAL EXCAVATION OR COMPACT FILL. SITE NO. II - $1,558 DEDUCT. SITE NO. III - SAME AS NO. I. SITE NO. IV - $612 DEDUCT. SITE NO. V - $1,300 DEDUCT. SITE NO. VI - $6,379 DEDUCT. THE ABOVE WILL BE INCLUDED AS AN EXHIBIT TO THE CONTRACT OF SALE." G MICROFILMED BY !JORM MICROLA13 CEDAR RAPIDS -DES -MOINES 'Ov a. — U.S. Department of Housing and Urban Development �Iq"pu� 4O Region V� o' Office Supervisor RECEIVED NAY 2 9 1981 In Reply Refer to: 7. 2GD Service Office (Alphson 210 walnut on Maines, Iowa 50309 515-284-4599) May 26, 1981 i CERTIFIED MAIL - RETURN RECEIPT REQUESTED Mr. Neal G. Berlin City Manager City of Iowa City 410 East Washington, Civic Center Iowa City, Iowa 52240 Dear Mr. Berlin: Subject: Annual Contributions Contract Project No. IA 22-3 Iowa City, Iowa We are pleased to transmit herewith two unexecuted Annual Contributions Contracts for the referenced project, together with supporting documen- tation guideforms. Please execute in accordance with the attached instructions and return both contracts with supporting documents to the Des Moines Service Office. Upon Government execution of the Annual Contributions Contract, a fully executed contract counterpart will be forwarded to your agency. If you will be delayed in the execution and return of the contract to the Des Moines Service Office, please apply in writing for an extension of time to execute to the supervisor of the Des Moines Service Office. Should you have any questions, please call the undersigned at Area Code (515) 284-4599. a fI Enclosure i I i 7t6 j MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS-DES-140INES RESOLUTION NO. 81-133 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND LESLIE COLE FOR THE LEASE OF CROPLAND. WHEREAS, the City of Iowa City and Leslie Cole have negotiated an agreement for the lease of approximately 15 acres of cropland owned by the City and located east of and adjacent to the South Ralston Creek Dam in Iowa City, Iowa; and WHEREAS, this lease agreement will mutually benefit both parties, Leslie Cole being entitled to grow and harvest grain sorghum and the City receiving the benefits of weed and erosion control and atrizine dissipation; I i NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is authorized to sign and the City Clerk to attest the lease agreement between the City of Iowa City and Leslie Cole for the lease of said cropland. It was moved by Perret and seconded byyevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: '—` — Balmer X Erdahl X Lynch X Neuhauser X Perret Roberts X Vevera Passed and approved this 22nd day of J m Attest: City Clerk 4� MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES MOINES , Received & Approved By The Legal Depaifinent 2 8 787 I GG�y c'lcr..�j —. LEASE THIS LEASE made and entered into thisL day of �-A- .; 19l/, by and between the City of Iowa City, Iowa, (hereinafter called , Lessor"y and Leslie Cole 3 (hereinafter called the Lessee") whose address for t e purpose of this lease is R.R. 5, Box 58, Iowa City, Iowa, contains the following terms and agreements: WITNESSETH 1. The Lessor agrees to rent to the Lessee and the Lessee agrees to rent from the Lessor approximately fifteen (15) acres of cropland owned by the City of Iowa City, Iowa, and located east of and adjacent to the South Ralston Creek Dam in Iowa City, Iowa. 2. The term of this lease shall be from June 1, 1981, or when this lease agreement is executed, whichever is later, through November 15, 1981, or when the harvest of crops is completed from said cropland in the Fall, 1981, whichever is later. Lessee shall not continue to use said cropland for the following crop year (i.e., 1982). Lessor and Lessee mutually agree that this shall constitute written notice of termination pursuant to 5562.6 of the Code of Iowa. 3. Lessee agrees to pay Lessor as rental for said cropland and for the rights and privileges herein granted to the Lessee, a term rental of one (1) dollar, payable on or before July 1, 1981. 4. Lessee shall be entitled to possession on the first day of the term of this lease, and shall yield possession to the Lessor at the date and close of this lease term. 5. Lessee agrees during the term of this lease to use said cropland only for the growing and harvest of grain sorghum to be planted with a grain drill with seven (7) inch rows. Lessee shall be entitled to the crop. This use of said cropland by the Lessee will result in the following benefits for the Lessor: the dissipation of atrizine and the control of erosion and weeds. 6. Lessee agrees not to sell, assign or sublet this agreement or lease, without the written permission of the Lessor. 7. Lessee agrees not to permit or allow any of said cropland to be damaged by any negligent act or omission of the Lessee or its employees, and agrees to surrender all rights, privileges and premises at the expiration of this lease in as good condition as at the beginning, normal wear and tear excepted. Lessee further agrees to commit not waste and to permit no illegal act on the property and to allow Lessor free access to inspect the same at all reasonable times. 8. Lessee agrees to protect, indemnify and save harmless the Lessor from and against all loss, costs, damage and expenses occasioned by or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon or about the leased premises, and due directly or indirectly to the tenancy, use or occupancy thereof, or any part thereof by the Lessee or any person claiming through or under the Lessee. 9. None of the covenants, provisions, terms or conditions of this lease to be kept or performed by Lessor or Lessee shall be in any manner modified, waived or abandoned, except by a written instrument duly signed by the parties and delivered to the Lessor and Lessee. The lease contains the whole agreement of the parties. IN WITNESS WHEREOF, we have affixed our hands the date first above written. CITY OF IOWA CITY, IOWA 8 ' ��,� By: John Balmer, Mayor LESLIE COLE :•r L SSEE' ATTEST: i Abbie Stolfus, City Clerk "LESSOR" Reolved d Approved By TheLepel DepaMmnt e' MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 4_ % 1? "I RESOLUTION NO. 81-134 RESOLUTION ENGAGING AUDITOR FOR YEAR ENDING JUNE 30, 1981. BE IT RESOLVED by the City Council of Iowa City, Iowa, that the firm of McGladrey, Hendrickson & Company, Certified Public Accountants, be engaged to conduct the audit for the City of Iowa City for the year ending June 30, 1981. BE IT FURTHER RESOLVED that the City Clerk be appointed to notify the State Auditor. It was moved byyevera and seconded by Lynchthat the Resolution as read 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 2nd day of June 1981. 4AYIO CITY CLERK l Received $ Approved By The Leg+l Department MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES -MOINES %8f CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D June 4, 1981 Richard D. Johnson, CPA Auditor of State of Iowa State Capitol Building Des Moines, Iowa 50319 Dear Sir: . Enclosed please find Resolution 81-134, adopted by the Iowa City City Council on June 2, 1981, serving as notification required by Chapter 11 of the State Code that the City has hired McGladrey, Hendrickson & Co., CPA to conduct the audit for the year ending June 30, 1981, for the City of Iowa City. Yours very truly', Abbie Stolfus, CMC City Clerk j MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES 7fr l • i ,I (( l i i d I i I r I 7fr F RESOLUTION NO. 81-135 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR E14ERGENCY ASSISTANCE IN THE IOWA CITY AREA WITH THE IOWA CITY CRISIS INTERVENTION CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide services to assist persons needing emergency assistance in Iowa City, and i WHEREAS, Iowa City Crisis Intervention Center is an agency which provides short term crisis intervention and counseling, information and referral services in Iowa City, and direct aid to transient persons, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Iowa City Crisis Intervention Center is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Neuhauser and seconded by Erdahl that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: I X Balmer X Lynch _ X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of June 1981. 1 AYOR /• ATTEST: / _��� L11.. MY CLERK j MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES i Reeelved & Approved By � Legal Department �l%Lw S—a 7—&/ AGREEMENT Thi Agreement was made and entered into on the _-W 9.h/Lday of J141U,-1 , 1981, by and between the City of Iowa City, Iowa, a mun, ipal corporation, hereinafter referred to as the "City," and the Iowa Cit Crisis Intervention Center for one (1) year beginning with the signing of this Agreement. I This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Iowa City Crisis Intervention Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. i b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Iowa City Crisis Intervention Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. i I. SCOPE OF SERVICES The Iowa City Crisis Intervention Center agrees to provide assistance to individuals including, but not limited to, counseling and information and referral services; emergency transportation and food provisions for local residents; and vouchers and arrangements for emergency shelter, food and transportation assistance for transients through its Transient Service. II. FUNDING The City of Iowa City shall pay to the Iowa City Crisis Intervention Center the sum of $8,500 in FY82 with the agreement that $2,500 shall be allocated toward operating expenses of the Transient Service and $6,000 shall be allocated toward operating expenses of the Crisis Center. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Crisis Center in quarterly payments of $2,125 each. The first payment will be made at the time of signing of this agreement. MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 7 L"'. `= 1 .-� 2 i. B. The Iowa City Crisis Intervention Center Director will submit quarterly program reports and an annual report to the City. C. The Iowa City Crisis Intervention Center will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement staff shall be considered employees of the Iowa City Crisis Intervention Center and any fringe benefits received by the staff shall be through the said Iowa City Crisis Intervention Center. The employees and agents of the Iowa City Crisis Intervention Center shall comply with personnel policies formulated by its Board of Directors. E. The Iowa City Crisis Intervention Center shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Iowa City Crisis Intervention Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. 1 1' F. The Iowa City Crisis Intervention Center acting as its own agent agrees to defend indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for i any wrongdoings caused by the Iowa City Crisis Intervention Center staff, including but not limited to injuries to persons or properties j served by or coming into contact with the Iowa City Crisis Intervention Center. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. i H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION i This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 78Q 1 C j MICROFILMED BY 'JORM MICROLAB CEDAR RAPT DS -DES I401NES 3 the City 0 a, For the Iowa City Crisis Center: OH R. BALMER, MAYO N 14E ATTEST: j`(, , A. ABBIE STOLFUS, CITY/CLERK Received P. Approv0d By The Legal Department flu,/ ,S'.-- '20_-_?/ j MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES 140INES r - RESOLUTION NO. 81-136 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT IN THE IOWA CITY AREA WITH THE DOMESTIC VIOLENCE PROJECT. WHEREAS, the City Council of Iowa City deems it in the public interest to assist persons who are victims of domestic violence in Iowa City, and WHEREAS, the Domestic Violence Project is an agency which provides temporary emergency shelter and related assistance, counseling and emotional support, referrals and advocacy to domestic violence victims, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Domestic Violence Project is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk tp attest this agreement. It was moved by Erdahl and seconded by Neuhauser that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer s Lynch sErdahl x_ Neuhauser h Perret X Roberts X Vevera Passed and approved this 2nd day of .lune 1981. F AYOR ATTEST: CITY CLERK MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES veA Recelve" "Pr "n ent BY IM legal DePa't�m� 790 AGREEMENT Thii. Agreement was made and entered into on the qday of ,r/ 1981, by and between the City of Iowa City, Iowa, a mu 'cipal corporation, hereinafter referred to as the "City," and the Domestic Violence Project for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Domestic Violence Project shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Domestic Violence Project shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Domestic Violence Project agrees to provide assistance to individuals who are victims of situations of domestic violence including, but not limited to, temporary shelter and food, counseling and emotional support, and advocacy in referral to community resources. II. FUNDING The City of Iowa City shall pay to the Domestic Violence Project the sum of $4,750 in FY82 with the agreement that these funds will be allocated toward operating expenses of the Domestic Violence Project. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the Domestic Violence Project in two payments of $2,375 each. The first payment will be made at the time of signing of this agreement and the second on January 1, 1982. B. The Director of the Domestic Violence Project will submit quarterly program reports and an annual report to the City. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES 790 '1 2 C. The Domestic Violence Project will provide to the City a quarterly accounting of funds and a report at the end of the contract period. I D. For the purposes of this agreement staff shall be considered employees of the Domestic Violence Project and any fringe benefits received by the staff shall be through Domestic Violence Project. The employees and agents of the Domestic Violence Project shall comply with personnel policies formulated by its Board of Directors. E. The Domestic Violence Project shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Domestic Violence Project to maintain such a Policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Domestic Violence Project acting as its own agent agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the Domestic Violence Project staff including, but not limited to, injuries to persons or properties served by or coming into contact with the Domestic Violence Project. G. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. i H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. 79a i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES 1401NES i 1✓ 1 3 For the City of Iowa, Iowa: For the Domestic Violence Project: OHN R. BALMER, MAY R AME , GLS ; •.�.�.,, _ -n,�, ,r ���,.,.;..<?r; �1 TITLE ATTEST: /,-[•,�1,:, .rLT:I:ATTEST: ✓/�OnC� n�"7 �� i ABBIE STDLHS, CITY CLERK NAME TITLE j MICROFILMED BY !JORM MICROLAB CEDAR 'RAPIDS -DES -MOINES Received 8/ Approved By The Legal Department 70-?-/ 790 RESOLUTION NO. 81-137 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR ELDERLY SERVICES IN THE IOWA CITY AREA WITH THE ELDERLY SERVICES AGENCY OF JOHNSON COUNTY. WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to older people in Iowa City who are in need of programs which aid them in their efforts to remain independent, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, the Elderly Services Agency of Johnson County is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk tp attest this agreement. It was moved by Perret and seconded by Neuhauser that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 2nd day of June 1981. ATTEST: CITY CLERK j MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L'. i" I _A... Received & Approved 13y 711e I.e9e1 Deparimenf S-oD7— 8. 74/ AGREEMENT This Agreement was made and entered into on the 9 e el - ay Cltia199a, by and between the City of Io—Iowa,of munlc�pl corporation, hereinafter referred to as the "City," and the Johnson County Elderly Services Agency, hereinafter referred to as the "ESA" for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. ESA shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The ESA shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The ESA agrees- to provide to elderly residents of Johnson County the information and support services herein described, in order to identify and assist in responding to their needs and concerns. 1. The ESA agrees to provide a comprehensive Information and Referral service for elderly residents of Johnson County which shall include the following components: a. Maintenance of a current information file on services and resources available to Johnson County elderly. b. Publicization of the ESA Information and Referral service through available media resources,. C. Response to requests for information about community resources for the elderly and referral of elderly individuals to appro- priate resources to meet their needs. d. Follow-up on referrals, as appropriate, by contacting the person referred to determine whether the referral met the need expressed. MICROFILMED DY 'JORM MICROLAB 5 CEDAR RAPIDS -DES MOINES 1 Com. � a.=- y _•-�- — — �- - '- � � _—._. —�. .�� j— —1--'— —'-- 7 9/ 2 e. Maintaining records of all Information and Referral contacts and related calls in la, Id and le, including specific informa- tion on needs which cannot be met by existing resources. 2. The ESA agrees to provide an Outreach service to identify needs and concerns of elderly persons in Johnson County and to inform them of ESA and other community services available to assist in meeting such needs. I a. The ESA shall publicize its Outreach service through available media resources. In addition, the ESA shall maintain a speakers bureau to provide information on available services, as well as concerns of the elderly, to citizen, professional and other community groups in an effort to utilize persons who may be aware of individual elderly needs to reach as many elderly persons as possible. j f b. The ESA shall provide a referral or liaison to community resources where necessary and appropriate. C. The ESA shall record and maintain information on needs which i cannot be met by existing resources. I 3. The ESA agrees to coordinate a Chore and Support service for Johnson i County elderly in need of same. a. Coordination shall include recruitment, screening, and matching Of volunteers and clients; maintenance of a current file of available volunteers; and follow up to assure satisfaction of both parties. I b. Chore services to be provided shall include minor home repairs, yardwork, and snow removal. i C. Support services to be provided shall include friendly visiting, telephone reassurance, good neighbor, and transportation assistance. 4. The ESA agrees to provide Johnson County elderlly n anadindividualrandegroup basis asneeds andnthenneeof d arises, including: I a. Group advocacy with governmental policymakers, business and civic community groups on unmet needs brought to the ESA's attention through its Information and Referral and Outreach services and on issues of concern raised by the elderly community. b. Individual advocacy in regard to ESA's Information and Referral, Outreach, and Chore and Support Service programs when a client has difficulty in obtaining a service or when provision of a service is unsatisfactory. I MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES 3 II. FUNDING The City shall pay to the ESA the sum of $21,400 in FY82 with the agreement that these funds shall be allocated toward administration, travel, equipment and supplies necessary for the operation of the program described herein. It is understood that the agency's administrative offices shall be located in the Senior Citizen Center from such time as space for said offices is made available to the ESA by the City. The space for ESA shall be as allocated by the Senior Center Commission. III. GENERAL ADMINISTRATION A. The City shall transfer the funds to the ESA in quarterly payments of $5,350 each. The first payment will be made at the time of signing of this agreement. B. The ESA Director will submit quarterly program reports and a final report to the City. C. The ESA will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement, staff shall be considered employees of the ESA and any fringe benefits received by the staff shall be through the said ESA. The employees and agents of the ESA shall adhere to personnel policies formulated by its Board of Directors. E. The ESA shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager.' The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the ESA to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. The ESA further agrees that each agent, employee and volunteer acting for or on behalf of the ESA will carry personal auto liability coverage with the minimum amounts. Copies of said policies are to be furnished to the City upon request. F. The ESA, acting as its own agent, agrees to defend, idemnify, and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the ESA staff, including, but not limited to, injuries to persons or properties served by or coming into contact with the ESA. G. All outstanding bills are to be paid upon termination within a 30 day period and with no liability of the City beyond that 30 day period. 7V MICROFILMED BY 'JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES V_ i 4 /~, H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: For Johnson Co. Elderly Services Agency: OHN R.BALMER, MA OR NAME /1 r % III Lt ATTEST: ti:� �,c__f./' rj �.� ATTEST: ABBIE STOLFUS, CITY�ELERK NAME TI LE I MICROFILMED BY !JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES I Racalved c'4 ApproY�ad Qy The !.coal Department 791 L-'j - -- w . _" i RESOLUTION NO. 81-138 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE MAYOR'S YOUTH EMPLOYMENT PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide Johnson County youth between the ages of 14 and 18, who are either current ADC recipients or who are determined to be disadvantaged, with meaningful subsidized work experiences in the public and private non-profit agencies, and WHEREAS, Mayor's Youth Employment Program provides assistance in develop- ing youth with positive work attitudes and work habits so that they can later secure non -subsidized jobs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Mayor's Youth Employment Program is a non-profit organization organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the Clerk be to attest this agreement. It was moved by Neuhauser andseconded by Perre[ :that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x Lynch x Erdahl x Neuhauser X Ferret x Roberts x Vevera Passed and approved this 2nd day of _June , 1981. �� LZ ,.MAYOR ATTEST: C11Y CLERK Reeohrod d Approved By The Legal Department /LW Sd7—P/ 79a MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES L '. AGREEMENT Th' Agreement was made and entered into on the 1� m�1981, by and between the City of Iow�t day of ripactohrpera tion, hereinafter referred to as the "City Iowa, a Mrogram for one (1) year beginning with the signing of and E Agreement. } This Agreement shall be subject to the following terms and conditions, to - wit: I. The Mayor's Youth Employment Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion; age, sex, marital status, sexual orientation, or disability. b• To discriminate against any individual in terms, conditions, or Privileges of employment because of their race, creed, color, national oriorigin, religion, age, sex, marital status, sexual entation or disability. 2. The Mayor's Youth Employment Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES I The Mayor's Youth Employment Program agrees to provide meaningful employment within public and private non-profit agencies for between the ages of 14 and 18 who are currently recipients of ADCuor socially and economically disadvantaged. It shall vocational and career counseling, and assist youthsrovide to devjob training, work habits so thaPositive t future employment opportunities will bepenhanced. Mayor's Youth agrees to refer youth to appropriate agencies and programs in accordance with their needs. It also agrees to assist youth who are not eligible for Mayor's Youth to secure employment in the private sector through referral. 11._ FUNDING The City shall pay $21,000 to provide these services during the 1981-82 school year (9.5 months). It is understood that the State of Iowa, the City ofCoralville and the Iowa Ci to Mayor's Youth. ty School District shall also contribute i �- " -.— i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 1401NES a,• III. GENERAL ADMINISTRATION A. The City will provide accounting and payroll services for the Mayor's Youth Employment Program during the school year program. B. The Mayor's Youth Director shall submit monthly program reports, minutes, and an annual report to the City. C. The Mayor's Youth Director shall be responsible for the administration of the program, including the preparation of an annual program budget for the City Council's consideration. For the purposes of this Agreement, the Director shall be considered an employee of the City of Iowa City. When a vacancy occurs, the position should be filled in accordance with the City's personnel policies. However, the Mayor's Youth Board shall serve as an advisory committee for the selection of the Director. The Director shall be entitled to employment benefits of the City including sick leave and vacation. Upon termination, the Director shall be compensated for any accumulated vacation or sick leave in accordance with the City's personnel rules. Both the Director and the staff shall comply with the personnel rules of the City. The Mayor's Youth Program may utilize the City's central purchasing facilities; however, prior approval for expenditures must be obtained from the City Manager or his designee. D. The City shall not'assume responsibility for any torts, wrongdoings, or criminal action caused by youths employed through the Mayor's Youth Employment Program. E. All outstanding bills are to be paid upon termination within a 30 day period with no liability to the City. F. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES 79a. I 3 For the City of Iowa, Iowa: For the Mayor's Youth Employment Pro ram: __'40HI�N �RBALME MA R Pro --NAME IIV- e cklo-_. 0 ATTEST: ATTEST: ;us, CITY CLERK NAME TITLE MICROFILMED BY IJORM MICRO_ LAB CEDAR RAPIDS -DES MOINES Received a Approved 13y The Legal Depeiment —.,Ic) — ?/ a L RESOLUTION NO. 81-139 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH THE PALS PROGRAM OF JOHNSON COUNTY EXTENSION SERVICE WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide youth in the Iowa City area with volunteer adult companionship for youths between the ages of 6 and 14, and WHEREAS, PALS Program provides matching volunteers for youths in the Iowa City area between these ages, and WHEREAS, the City of Iowa City, Iowa, is empowered by the State law to enter into contracts and agreements, and WHEREAS, the PALS Program is a non-profit program of the Johnson County Extension Service which is organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. 1 It -was moved by Lynch and seconded by rerret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch X Erdahl X Neuhauser X Perret X Roberts x Vevera Passed and approved this 2nd day of June 1981. AYOR ATTEST:/ CITY CLERK I -,— MICROFILMED BY 'JORM MICROLAB CtDAR RAPIDS -DES MOINES Received 6 Approved By The Legal Department L 793 C AGREEMENT This A reement was made and entered into on the ,3m day of , 1981, by and between the City of Iowa City, Iowa, a muni pal corporation, hereinafter referred to as the "City," and the PALS Program for one (1) year beginning with the signing of this i Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The PALS Program shall not permit any of the following practices: a. To discharge from employments -or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The PALS Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, martial status, sexual orientation, or disability. I. SCOPE OF SERVICES The PALS Program agrees to provide a program whereby youths between the ages of 6 and 14 years of age are matched with adult volunteers, who wi11 provide guidance and companionship. II. FUNDING The City of Iowa City shall pay to the PALS Program the sum of $17,000 in FY82 with the agreement that these funds shall be allocated toward the salaries of the program coordinator and caseworkers of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds to the PALS Program in quarterly payments of $4,250 each. The first payment will be made at the time of signing of this agreement. B. The PALS coordinator shall submit quarterly program reports and an i annual report to the City. C. PALS will provide to the City a quarterly accounting of funds and a report at the end of the contract period. i i - 793 i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401NES 1 \ _ F ""I 2 i. 0• For the purposes of this agreement considered an employee of Joh s on Countythe coordinator shall be fringe benefits received by the coordinatoreshall be throw nsion Service nd any Johnson County Extension Service. The Coordinator of Program shall adhere to the 9h the PALS Extension Service. Personnel policies of Johnson County E• The PALS Program shall maintain comprehensive liabilityin full force and effect a authorized to do business insuranc the Poli I Iowa, b the City Manager, Y a company 9 The minimum limits of such an a form approved by follows: policy shall be as To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the PALS Program to maintain such a constitute immediate termination of this agreement and all rights and privileges contained herein. p°IIcY shall F. The Johnson County Extension Service, acting as an agent on behalf of Johnson County, agrees to defend, indemnify, and save harmless the City of Iowa City and its officers, employees d this and all liability fof or°for lanystorts of damages ges arising he nd agents from any staff, but not limited to any injuries to under the terms LS I by or coming into contact,with the PALS Proper ons or y the PALS property served I. G. All outstanding bills are to be paid upon termination within a thirty J day period and with no liability of the City beyond that thirty day I Period. H• This contract may be terminated upon a 30 day written notice b either party, s Y IV------OURi This agreement shall commence upon the si terminate on June 30, 1982, except as gning °f the Provided herein, parties and shall ASSIGNMENT This agreement may not parties. be assigned without written agreement of the I I i I i 793 f c i MICROFILMED BY `JORM MICROLAB CEDAR RAPIDS -DES 1401NES I 4— Foli4the City of Inwa, w ; �JO N R. BALMER, MAYOR 3 n Lvl�s�1 ,./ TITLE ATTEST: ABBIE STOLFUS, CITY LERK ATTEST-,� ';;.1 NA 1E -11 T�c,G,v �h2.GL�c�c..t,�•4./ 4 i MICROFILMED BY !JORM MICROLAB CEDAR RAPIDS -DES -MOINES Received d Approved B` y�O Legal Department i I i. i I i i i i t i i RESOLUTION NO. 81-140 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS IN THE IOWA CITY AREA WITH THE RAPE VICTIM ADVOCACY PROGRAM WHEREAS, the City Council of Iowa City, Iowa, deems it in the public interest to provide rape victim advocacy services in the Iowa City area, and WHEREAS, the Rape Victim Advocacy Program provides emergency services for all victims of sexual assault, and WHEREAS, the City of Iowa City is empowered by State law to enter into contracts and agreements, and WHEREAS, the Rape Victim Advocacy Program is a non-profit program coordinated by the University of Iowa which is organized and operates under the State laws of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk to attest this agreement. It was moved by Erdahl and seconded by Perree that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Lynch x Erdahl x Neuhauser x Perret x Roberts X Vevera Passed and approved this 2nd day of T,,na 1981. AYOR ATTEST: CITY CLERK j MICROFILMED BY `JORM MICRO_ LAB CEDAR RAPIDS -DES MOINES Received & Approved By The legal Department `�3�•d -- X 7 — r M1 7 AGREEMENT This Agreement was made and entered into on the a '1Z`�g day of u/ , 1981, by and between the City of Iowa City, Iowa, a muni• pal corporation, hereinafter referred to as the "City," and the Rape Victim Advocacy Program for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Rape Victim Advocacy Program shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Rape Victim Advocacy Program shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability.. I I. SCOPE OF SERVICES The Rape Victim Advocacy Program will provide emergency services for all victims of sexual assault including counseling, medical, and law enforce- ment advocacy intervention and referral to other agencies. Community education will be provided by an information bureau and a speakers bureau which provide current statistics and information on sexual crimes and prevention. i II. FUNDING The City of Iowa City shall pay to the Rape Victim Advocacy Program the sum of $8,073 in FY82 with the agreement that these funds shall be allocated toward the salary of the full-time coordinator of the program herein described. III. GENERAL ADMINISTRATION A. The City will transfer the funds in two payments of $4,036.50 each, the first to be made at the time of signing of this agreement and the second to be made on January 1, 1981. i MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES MOINES %1 �1 2 B. The Coordinator of the Rape Victim Advocacy Program shall submit quarterly program reports and an annual report to the City. C. The Rape Victim Advocacy Program will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. The University of Iowa agrees that the Rape Victim Advocacy Program is a University sponsored activity and that the Program Director, employees, agents, officers, and volunteers are employees of the University of Iowa and not the City of Iowa City and that the University of Iowa will defend and indemnify the program, its employees, agents, officers and volunteers against claims pursuant to the terms of the Iowa Code, Chapter 25A. E. All outstanding bills are to be paid upon termination within a thirty day period and with no liability of the City beyond that thirty day period. F. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: I MN R. BALMER, MA ATTEST: ABBIE STOLFUS, CITY CLERK Received A Approved By TheLegalDepartment 79f MICROFILMED BY JORM MICROLAB -CEDAR RAPIDS -DES 1401NES RESOLUTION NO. 8I.-141 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE CONTRACTS FOR YOUTH SERVICES IN THE IOWA CITY AREA WITH UNITED ACTION FOR YOUTH WHEREAS, the City Council of Iowa City deems it in the public interest to provide assistance to young people in Iowa City who are under stress and alienated from traditional approaches to youth services and who may possibly be approaching delinquency, and WHEREAS, United Action for Youth is an agency which plans and conducts an Outreach Program to locate youth who are alienated from the traditional approaches to youth services and help them identify their individual needs and facilitate meeting the same in the best interest for the individual and the community, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, United Action for Youth is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor be authorized to execute and the City Clerk tp attest this agreement. It was moved by Erdahl and seconded by Neuhauser that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Lynch a Erdahl x Neuhauser x Perret X Roberts x Vevera Passed and approved this 2nd day of Jlune 1981. i MAYOR ATTEST: / CITY CLERK �--- j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES Recelved & Approves By The Legal Department �i1i✓ S—A7—k1 79s 7 AGREEMENT Thi�,Agreement was made and entered into on the —�c-h , 1981, by and between the City of Io aC ty, Iowa, day oa mun7Cipal co on, hereinafter referred to as the "City," and the Uniti'ed Action for Youth for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The United Action for Youth shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The United Action for Youth shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES U.A.Y. agrees to provide assistance to young people, especially those who are alienated from the traditional approaches to youth service, in identifying their individual needs and opportunities and to facilitate meeting the same in the best interest of the individual with regard for the community. 1. U.A.Y. agrees to comprehensively plan and conduct an Outreach Program to locate youths who are experiencing difficulty and to serve and assist troubled youth who are identified as being under severe stress which, if not relieved, is likely to result in delinquent behavior. The Outreach Program shall include the following: a. Staff and maintain a U.A.Y. walk-in center which will be open weekdays. b. Maintain visibility and have planned and purposeful contact with youth in the community. C. Develop trust and rapport with young people to enable the Outreach staff to effectively perform their duties. MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES 140INES 795 7 2 d. Maintain records of Outreach workers, including youth contacts, activities and referrals. i 2. U.A.Y. agrees to provide appropriate Outreach services to youths as determined by individual needs. Methods used include: a. Street counseling through personal interaction in the youth environment, maintaining a relationship with individuals, assisting them in clarifying their current needs, and determin- ing a course of action that is in their best interest. b. Crisis intervention by seeking out young people experiencing a crisis situation and being available to alleviate their current situation. C. Identification and utilization of available referral services to assist young people to meet their needs or improve their current situation. d. Consultation with and referral of youth to other agencies in the community, remaining available as a resource when appropriate for individual youth. Written records of all referrals will be maintained. e. Follow-up on all Outreach provided to young people to evaluate individual situations and determine if further assistance is j needed. i I 3. U.A.Y. agrees to provide an evaluation mechanism through fiscal and i program accountability and reporting including: forwarding all j Board meeting minutes to the City Council for their information. The j U.A.Y. Director may be periodically requested to attend Council meetings when information and discussion is pertinent to U.A.Y. The U.A.Y. Director will prepare a quarterly report which will be forwarded to the City Council for their information. U.A.Y. will build and establish working relationships and communications with other agencies in the community. j i 4. United Action for Youth, Inc. will solicit on-going feedback from clients, their families, and other agencies regarding the effective- ness of outreach. Information regarding client needs, their level of trust and rapport with UAY staff, others' percertion of UAY's effectiveness, and service gaps among agencies will be solicited and documented at UAY. 5. The City may retain a consultant to survey the Outreach Program to determine its effectiveness. 6. Individual objectives of U.A.Y. include: a. Sponsor an Open House and invite members from other agencies. b. Participate in workshops and in training sessions to strengthen Outreach. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1401NES L". 79s L/ 11 3 C. Plan two activities a month to promote Outreach and provide an opportunity for contact and positive interaction with youth in the community. II. FUNDING The City of Iowa City shall pay to U.A.Y. the sum of $30,000 in FY82 with the agreement that these funds shall be allocated toward general operating expenses of the U.A.Y. Outreach Program. III. GENERAL ADMINISTRATION A. The City will transfer the funds to U.A.Y. in quarterly payments of $7,500 each. The first payment will be made at the time of signing of this agreement. B. The U.A.Y. Director will submit monthly board minutes, quarterly program reports and an annual report to the City. C. U.A.Y. will provide to the City a quarterly accounting of funds and a report at the end of the contract period. D. For the purposes of this agreement, the Director and salaried staff shall be considered employees of U.A.Y. and any fringe benefits received by the staff shall be through the said U.A.Y. The employees of U.A.Y. shall adhere t0 the personnel policies formulated by U.A.Y. The U.A.Y. Board will be responsible for the general administration of the program under the terms of the contract including the determination of the budget, personnel policy, hiring, purchasing and expenditure approval. The City Council will appoint two qualified voting citizens of Iowa City to serve as voting members of the U.A.Y. Board. E. U.A.Y. shall maintain in full force and effect a comprehensive liability insurance policy executed by a company licensed to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of U.A.Y. to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and all right and privileges contained herein. F. U.A.Y., acting as its own agent, agrees to defend, indemnify and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement or for any wrongdoings caused by the U.A.Y. staff including but not limited to injuries to persons or properties served by or coming into contact with U.A.Y. G. All outstanding bills are to be paid upon termination within a 30 day period and with no liability of the City beyond that 30 day period. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES 795 %"1 4 H. This contract may be terminated upon a 30 day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. For the City of Iowa, Iowa: For United Action for Youth: ATTEST: i� �� .�'—�J��•� ATTEST: ABBIE STOLFUS, CITY LERK NAME TITLE a �` a P,ugal Le pan , V .7 j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS•DES MOINES a - T CM.V I RESOLUTION NO. 81-142 RESOLUTION AUTHORIZING THE MAYOR. TO EXECUTE A CONTRACT FOR NEIGHBORHOOD SERVICES IN THE IOWA CITY AREA WITH WILLOW CREEK NEIGHBORHOOD CENTER WHEREAS, the City Council of Iowa City deems it in the public interest to provide recreational services to the residents of Mark IV, and WHEREAS, Willowcreek Neighborhood Center is an agency which plans and implements recreational programs, and WHEREAS, the City of Iowa City is empowered by the State law to enter into contracts and agreements, and WHEREAS, Willowcreek Neighborhood Center is a non-profit corporation organized and operating under the laws of the State of Iowa, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the May or be authorized to execute and the City Clerk to attest this agreement. It was moved by Perrec and seconded by Neuhauser that the Resolution be adopted, and upon roll call there were: I AYES: NAYS: ABSENT: E X Balmer x Erdahl s Lynch x Neuhauser X Perret X Roberts x Vevera Passed and approved this 2nd day of June , 1981. J 7 AYUR i ATTEST: CITY CLERK j i Received Approved By the Legal Department �1Lcv S_a 7- i/ 796 j MICROFILMED BY `,JORM MICROLAB I CEDAR RAPIDS -DES 140INES AGREEMENT I Thi Agreement was made and entered into on the day of , 1981, by and between the City of Iowa City, Iowa, a muna'cipal corporation, hereinafter referred to as the "City," and the Wil ow Creek Neighborhood Center (Mark IV) for one (1) year beginning with the signing of this Agreement. This Agreement shall be subject to the following terms and conditions, to - wit: 1. The Willow Creek Neighborhood Center shall not permit any of the following practices: a. To discharge from employment or refuse to hire any individual because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation, or disability. b. To discriminate against any individual in terms, conditions, or privileges of employment because of their race, creed, color, national origin, religion, age, sex, marital status, sexual orientation or disability. 2. The Willow Creek Neighborhood Center shall not deny to any person its services on the basis of race, creed, color, sex, national origin, religion, age, marital status, sexual orientation, or disability. I. SCOPE OF SERVICES The Willow Creek Neighborhood Center agrees to enhance a spirit of community and provide a wholesome environment by providing a recreational and community support program to residents of the Mark IV Apartments complex and surrounding area. II. FUNDING The City of Iowa City shall pay to the Willow Creek Neighborhood Center the sum of $5,800 in FY82 with the agreement that these funds shall be allocated for a recreational program for residents of Willow Creek Neighborhood area and operating expenses of the Willow Creek Neighborhood Center. III. GENERAL ADMINISTRATION i A. The City will transfer the funds to the Willow Creek Neighborhood Center in quarterly payments of $1,450 each. The first payment will be made at the time of signing of this agreement. B. The Willow Creek Neighborhood Center Director will submit quarterly program reports and an annual report to the City. j MICROFILMED BY 'JORM MICROLAB CEDAR RAPIDS -DES I401NES 796 Y_. 2 C. The Willow Creek Neighborhood Center will provide to the City a quarterly accounting of funds and report at the end of the contract period. D. For the purposes of this agreement, staff shall be considered oyees of the Willow Creek Neighborhood Center and any fringe tits received by the staff shall be through the said Willow Creek ,nborhood Center. The employees and agents of the Willow Creek Neighborhood Center shall adhere to personnel policies formulated by its Board of Directors. E. [he Willow Creek Neighborhood Center shall maintain in full force and effect a comprehensive liability insurance policy executed by a company authorized to do business in the State of Iowa, in a form approved by the City Manager. The minimum limits of such a policy shall be as follows: To cover the insured liability for personal injury or death in the amount of $300,000 and for property damage of $10,000. The failure of the Willow Creek Neighborhood Center to maintain such a policy in full force and effect shall constitute immediate termination of this agreement and of all rights contained herein. F. The Willow Creek Neighborhood Center, acting as its own agent, agrees to defend, indemnify, and save harmless the City of Iowa City, Iowa, its officers, employees, and agents from any and all liability or claims of damages arising under the terms of this agreement, including any wrongdoings caused by the Willow Creek Neighborhood Center staff, including, but not limited to injuries to persons or properties served by or coming into contact with the Willow Creek Neighborhood Center. G. Al outstanding bills are to be paid upon termination within a thirty day period with no liability of the City beyond that thirty day period. H. This contract may be terminated upon a thirty day written notice by either party. IV. DURATION This agreement shall commence upon the signing of the parties and shall terminate on June 30, 1982, except as provided herein. V. ASSIGNMENT This agreement may not be assigned without written agreement of the parties. j MICROFILMED BY ,JORM MICROLAB 'CEDAR RAPIDS -DES 1401NES L 796 ..7 E f For the City of Iowa, Iowa: 3 n For the Willow Creek Neiohborhood �T �GU2 TITLE ATTEST:Z' ATTEST ABBIE STOLF , CITY,CLERK N ME i T TLE I Received A Approved By 1he Legal Department MICROFILMED BY JORM MICRO_ LAB CEDAR RAPIDS•DES MOINES I79` _I