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HomeMy WebLinkAbout1976-10-12 ResolutionRESOLUTION NO. 76-366 RESOLUTION OF 44PPROVAL OF CLASS "C" B1;ER PER14IT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved far the following uas:ed pm - son or persons at the following described locations: Continental Oil Co. dba/Downtown Conoco, 105 East Burlington Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state law. The City Clerk shall cause a recommendation for approval to beendorsed upon the application and forward the same together with the license fee, surety bond and all other information or documents required to the Iowa 3eer and Liquor Control DpparAmment. It was moved by Foster and secoruied 1by Perret that, the Resolution as read be adopted, and upon roll call there were: Balmer deProsse Foster eu auser erre Selzer evera AYES: NAYS: ABSENT: x x� _ x x x__r x Passed this 12th day of October `, 1,9 76 RESOLUTION 1'10. 76-369 RASOLU 19NTO_IS 1aARBTTE PERMZTs WHEREAS, the following firms and persona have made application, filed the bond, and paid the mulct tax required by law for the sale of cigarettes and cigarette papers; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF ICWA CITY, IOWA, that the apolicational bcc granted and the cigarette bond now on file in the office of the City'Clark be and the aame are hereby approved, and the City Clerk, be and he iii hereby directGdl to issue a permit to 11011 cigarette papers sad cigarettes to thei following named' persons and firms: Barts Place, 826 South Clinton It was moved by Foster and seconded by Perret that the Resolution as res be a opted, and upon roll cal— 1, there were: AYES: NAYS: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x Vevera x Passed this 12th day of October 76 19 RESOLUrION NO. 76-370 'INRESCADLurIIODITONC01WEYING AN ALLEY IN BLOCK 46, EAST IOM CITY, To OWA CITY, Iaa. MEREAS, the City of Iowa City, Iowa, executed a Quit Claim Deed iiii`awr Of John J. Reiland and Ella M. Reiland en July 31, 1964, for propertlrrdescxihecl as follays: The alley running in a north -south direction in, Bl Forty-six (46) in east IavaiCity, Iowa, an.adin loocto Iowa City, Iowa, said alley being five (5, six 6 loc'}� bet'=n .Lots () and seven (7) and, Lots kou. (4) and nine (9) in said Block Forty-six Q46) in east Iowa Ci-L7, thereof, and an addition to Iowa City,_ IaSa, according to the recorded, MEd, a title objection to that transaction has been lodged because no resolution of the Council of the City of Iowa City, Iowa, authorizing execution Of the said deed can be foundf and WFIEREAS, the City desires to clear this title objection, and WHEREAS, no consideration is required at this time since the Purpose of this resolution is to clear, the title objection. WHEREAS, a public hearing on the proposed conveyance of the above dFscr. ProPerty was held on the 12th day of October, 1976, at 7:30 P.M. .,n the Council j; Chambers at the Civic Center, 410 E. Washington Street, Iowa Ci tyji Iava, 1 NOW, THMEFORE� BE IT RESOLVED BY TH4,/ CO[fiICIL OF THE CITY OF aop�k CITY, Imal 1. That the Mayor is hereby authorized to sign, andthe City, ClezH'to attest, a Quit Claim Deed conveying the above described property to John. 6 Reiland, nav deceased, and Ella M. Reiland for the purpose of resa,'Lving title Ii objections. I 2. That the Mayor is authorized to sign and the City Clerk to attesv.. this resolution. It was moved by Selzer and seconded by _. Vetre, that the Resolution as read be adopted, and upon roll call there were; IOWAr STATE BAR ASSOCIATIO-t _ Official Form No. 4 n..e..r... owl W N es., lNtl nu ° a QUIT CLAIM DEED RnD1U 2111 Alen by XbeE;t Pregenw: That Cit v of Iowa City. Municipal corporation in consideration*,a{ the sum cif" One dollar and other valuable considersion---------------------- in hand paid do hereby Quit Claim unto Jerry E. Wear,Lsincrle Grantees' Address: _ all our right, title, interest, estate, claim and demand in the following described rein estate situated in Johnson County, Iowa, to -wit: The alley running in a north–south direction in Block 46 in east Iowa City, Iowa, an addi– tion to Iowa City, said alley being located between lots 5, 6, and 7 and Lots 4 and 9 in said Block 46 in East Iowa City, an addition to Iowa City, Iowa, according to the recorded plat thereof. Value of transfer less than $500. Deed to correct procedure for conveil! ance of city property as originally conveyed in 1964 to John J. Reiland!! and Ella M. Reiland, husband and wife, said deed recorded in Book 266, page 471, the City being advised that the conveyance of title from the. Reiland's has now proceeded to Jerry E. Wear. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the) above described premises. Words and phrases herein, including acknowledgment hereof shall be construed as in the singular or plural number, and as masculine feminine or nouier gender. according to the context. �, p Signed this day of 76 - CITY OF IOWA, CITY, IOWA I, t _ • nuC d*.t Wsu't Trant1q]. p The r Ta. S.-cnaaln 42.4 STATE OF IOWA, COUNTY OF On this. day of A. D. 19___ before me, the undersigned, a Notary Public in and for the State of Iowa. personally appeared to me known to be the identical persons named in and who esecuted tforegoing instrument, and acknowledged that they eseculed soma as their voluntary act and dead. By: -V�LLL' I fi I it b a ti.JL01 - Mary C. euhauser., Mayor W ar,lfi x -X xfIMT-9;fi ATTEST: Abbie Stolfus, Cipy ClerRI ! (SmonddtIxxMye wr! Notary Public in and for the State of Iowa From the above named Grantors to the above named Grantees - STATE OF IOWA COUNTY OF FEE, $ Paid WHEN RECORDED RETURN TO Filed for record this _ day of ss at on page (Grantorn' Address) A, D. 19—, o'clock _M., and recorded in Book of tNemej I Depute , Recorder, 4. Quin CLAIM ,I tndn TIT mlr]t • 0- AGREEMENTS/CONTRACTS Attached u=e mit, unexecuted copies of assigned by the Mayor. AfCer their execution by the second party, plea \route 1) 2) 3) 4) 5) CeI' is to be responsible for I completion of this procedure. j Abbie Stolfus City Clerk RESOLUTION No. 76-371 RESOLUTION APPROVING PRELIMINARYAND FINAL SUBDIVISION FOR LOUIS' FIRST ADDITION WHEREAS Norwood C. Louis II and Betty Louis, husband and wife, have filed with the Clerk of the City of Iowa City, Iowa, a plat and subdivision of the following -described premises: Commencing at the NE corner of Section 4, T79N, R6W of the 5th P.M.; thence S la 25' 00" W, 1305.00 feet on the East line of said Section 4 to the North line of Government Lot 7 in said Section 4; thence N 90° 00' 00" W, 1464.00 feet on the North line of Government Lot 6 and 7; thence S 300 25' 00" E, 144.68 feet to the point of beginning, thence S 471 17' 00" W, 468.42 feet; thence N 87° 28' 00" W, 180.00 feet; thence S 20 32' 00" W, 414.55 feet to the centerline of Foster Road; thence N 89° 37' 41" E, 481.63 feet on the said centerline of Foster Road; thence Southeasterly on the said centerline of Foster Road 42.64 feet on a 200.00 foot radius curve concave Southwesterly (which chord bearing is S 841 15' 49" E, and chord distance is 42.56 feet) to a point of tangency; thence Northeasterly on said centerline of Foster Road 240.11 feet on a 375.00 foot radius curve concave Northwesterly (which chord bearing is N 83° 30' 07" E, and chord distance is 236.03 feet); thence N 650 09' 32" E, 2.66 feet on said centerline of Foster Road; thence N 1° 13' 47" E, 315.97 feet; thence N 30° 34' 55" W, 442.97 feet to the point of beginning. Said tract containing 8.96 acres, and, WHEREAS, said property is owned by the above-named and the dedications as required by the subdivisions ordinance of the City of Iowa City have been made with the free consent and in accordance, with the desires of the proprietors, and WHEREAS said plat and subdivision have been examined by the Planning and Zoning Commission of Iowa City, and after due delibera- tion, said commission recommended that said plat in subdivision be accepted and approved, and WHEREAS the proprietors have requested certain modifications of the subdivision ordinance as to the installation of sanitary sewers, storm sewers, and water mains, and WHEREAS the Planning Department and the Engineering Department! have examined the proposed subdivision and the modifications requested and have made recommendations as to the same, and WHEREAS the City Council deems it in the public interest to grant modifications in the requirements of the subdivision ordinance,, and WHEREAS, said plat and subdivision is found to comply with the provisions of Chapter 409 of the 1976 Code of Iowa as amended and all of the statutory requirements relative thereto. NOW THEREFORE be it resolved by the City Council of Iowa City, Iowa, 1. That the said plat and subdivision be and they are hereby approved and the dedication of streets as by law provided is accepted. f % 9 Res. No. 76-371 -2- 2. That said subdivision slla.11 ca,iiform with all of the requirements of the subdivision ordinance except that sanitary sewer and storm sewers need not be installed, and water mains; need not be constructed as proposed in the application of said proprietor. 3. That the City Clerk is hereby authorized and directed j to forward a copy of this resolution and the final plat of said subdivision to the office of the County Recorder of Johnson County, Iowa after final passage and approval is authorized by law. Passed this 12th day of October 1976. I C, Jr�- t Mayor ATTEST: l cCci . j� C Itt City Clerk + It was moved by Foster and seconded by Balmer that the resolution as read be adopted, upon roll call there were: Aye Nay Absent x Balmer x deProsse x Selzer x Neuhauser x Foster x Perret x Vevera RESOLUTION NO. 76-372 RESOLUTION ACCEPTING PRELIMINARY PLAT' OF BRYN MAWR HEIGHTS, PART 8 BE IT RESOLVED BY THE CITY COUNCIL OF X014A CITY, IOWA, that the approval of the preliminary plat for Bryn Mawr gaights Part 8.. be granted with the following conditions: None. It was moved by Selzer and seconded by Bpi lmae that the resolution as read be adopted and upon roll call there were: AYES: x NAYS: ABSENT: BALMER x dePROSSE- x POSTER _ x NEUHAUSER _ x PERRET _ x SELZER _ x VEVERA Passed and approved this 12th ATTEST: CITY CLERK G, day of, October 1976,. `WC. tmua�- MAYOR i I Y SUBJECT: accompanying Staff Report Z-7610 45_ day limitation: 8/16/76. STAFF REPORT Planning and Zoning Commission July 15, 1976 S-7617. Bryn Mawr Heights Sub- division, Part 8, a preliminary plat of it subdivision to be located in southwest Iowa City. Refer to for specific location. Date filed:. 7/2/76; The subject plat submitted by Bryn Mawr Heights, Inc. subdivides a tract of land, approximately 20.03 acres, into 69 lots. The plat is located in an RIA Single Family Residence Zone, and it presumably is the applicant's intent to develop the area under RIB zoning. The applicant has submitted a request for rezoning the subject plat to an RIB category. See Staff Report Z-7610. Under the present zoning designation (RIA), the lots in the proposed plat do not meet the municipal code requirement of 10.,000 square feet per lot area. If, however, an RIB rezoning request is granted, the proposed plat would have an average lot size of approximately 8,800 square feet which is well above the minimum land area requirement of 6,000 square feet. In addition to the above, the following deficiences are noted and should be corrected: 1. The subdivision name should be included in the title block. 2. The plat should show the location of fire hydrants placed every three hundred feet. 3. The street grade on collector street Denbigh Drive should not exceed the minimum permitted grade of ten (10) percent as specified in Chapter 9.50.5 of the Municipal Code. 4. The plat should show the pavement and right-of-way width on all proposed streets located in the subdivision. 5.Lots located outside the plat should be indicated with dashed lines. 6. Plat should show existing sewers as small dashed lines as in legend. 7. Sanitary sewers should be located along parkway between right-of-way and curb line. 8. The distance along the south boundary line of the plat should be shown. 9. Legal description on plat (S20 16' 341YV) should be corrected to read N20 16' 34"E. 10. Legal description on plat (N520 28' 1411E) should be corrected to read N520 28' 4411E. -2 - STAFF It is the Staff recommendation RECOMMENDATION: that the subject plat be deferred pending the followin&z (1) approval of the above-mentioned rezoning request to R1B, (2) correction and submittal of the information requested above, and (3) comments from the Engineering Division. STAFF As mentioned previously in Staff COMMENT: Report Z-7610, the Staff's primary concern with the proposed develop- ment is the availability of neighborhood facilities in an area subjected to increased urban development„ The Staff feels that adequate neighborhood facilities (i.e., schools, parks„ utilities, streets, etc.) are essential and should be available when neighborhoods develop. i i i i, ■.... ON ■ BRYN MAWF 1 a r� i 1 A 1 I I c • N I / 170 r i LOC'ATiON PL.A N Zr: l RESOLUTION NO. 76-373 RESOLUTION ACCEPTING PRELIMINARY PLAT' FOR VILLAGE GREEN SOUTH I BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that; the approval of the preliminary plat for Village Green South _ be granted contingent; upon the ollowipg, cona.1ti6ns; The physical improvements should be made to the lift statioxi and force main serving this development by the applicant prior to the approval of the final plat and a 40' strip of open space along the railroad tracks being dedicated to the City. i It was moved by Balmer and seconded by Vevera that the resolution as read be adopted and, upon roll call there were: AYES: NAYS: ABSENT: W BATHER Passed and approved this 12th day of October �, Mb ATTEST: r C at ISG! CITY CLERK L MAYOR STAFF REPORT Planning $ Zoning Commission August 19, 1976 SUBJECT: S-7623. Village Green South Addition, a preliminary plat of a subdivision to be located east of Mercer Par): and north of the Rock Island Railroad right- of-way. Date filed: 8/3/76; 45 -day limitation: 9/17/76. STAFF The subject plat submitted by Village ANALYSIS: Green South, Inc., subdivides a tract of land, approximately 12.12 acres, into 52 lots. The predominate size of lots located in the proposed subdivision is 6,600 square feet. This meets the minimum requirement of 6,000 square feet per lot area as required in the R1B Zone. Located in the Snyder Creek watershed, the proposed plat will have virtually no impact upon drainage in the Ralston Creek watershed. A critical constraint relative to the development of the proposed plat is that the Heinz (existing) lift station and force main which serves the area will require extensive design alterations before they can obtain the capacity needed to handle additional sewer connections. The high cost needed to make the desirable design improvements in the lift station and force main is a major deterrent to feasible subdivision development. Thus, the design alterations, required to increase the capacity of the lift station, should be made either before approval of the subject plat or before development occurs. The Planning and Engineering staffs reviewed the subject plat. Deficiencies with Chapter 9.50 of the Municipal Code have been noted and the following, changes should be made: 1. The right-of-way of Dover and Esther Streets should be shown on the plat. 2. An inlet on the north end of Dover Street should be indicated. 3. A ten (10) inch wide storm sewer easement should be provided between lots 7-6 and 54-55. 4. The plat should show proposed Village Green Part IX along with utilities, etc. 5. The plat should show existing sanitary sewers at the south end of Towncrest Addition. 6. The open drainage ditch in the private area should be planted with grass and have no more than a 4:1 slope with round bottom and noted on the plat:. 0 -2- E 7. Area of subdivision should be 12.12 acres instead of 15.17 acres. 8. A signature block for later endorsement by the City certifying approval of the plat should be provided. STAFF It is the staff's recommendation that RECOMMENDATION: the approval of the subject plat be deferred until the plat has, been revised to :incorporate the above discrepancies, and until design improvements are made to increase the lift station's functional capacity. 1 ,a � "'•'Std. - .,y�I.�_,i Jal ZR RI (� R3A = { J{ 4S7 H/G -4' 1A i WORTH 0 0 E MERGER1 PARK REOVEST AREA :. Q5 (L.._ 0 12010 _ 11190 GRAPHIC SCALE 1 ■ ! 1 s�--723 ISI FIM %; 7. 1?`:\.SC_ aic.i t G -=3312 .Lift Station design as 3t aUp33�s to, •; r. ;,r Tc, �eSt tC cUr:is;:ct•the ad63 ti anal acrecga of 1t311cg Gra:: n. it i5 T;' Li -!G TS t�^t'. i?1g that the St•ati On ;las a ca—acity of 1OG C-als�'==f� per n• -rote and that i'r.]•ough Various agreements the total capacity a it e,,ist.s now has been allocated to BDI prcgerty. Also I have dis* r.- cl.�Scd tJ4 Je design Cala--acters iiith Sh3Fe-Ha'l'tery, li li�?0 V slg..na i.il e" Station- a -d f;n,3 tllat it3s not a simple matter of cbsng3ng� Jn• 311 eir Si ces, etc., to increase the Capacity. In fact, 3t appears "013o (•;hg h'ith iJtpeller s 2e C?1anges it Will be necessary to incrE.a,te rile 3Ql•t;j' rain diameter from the 4 inch pipe that presently exists. - From the information I have found thus far, it would that arty connections you would desire to make to the lift station lrou]d also reouire necessary oversiaing of the force inai!n end the pl:rJp station. it leas expected that the.station :eould �i::nd)e a ca acity of ?_s much as 1,000 gallons pel mia;U:C, f!C;tiC� r, :s }°C"1 .L3 T'' dil.1' see•, lt•spp'ears that It Will •^: l�si.,=•� f'4a•i: _:i:C. -to t tJ ti:3t •Cwdac ty iR•.s I.a.t.es. If rou rPva fturteler goes ii•ns ebout this su')ject', feel free tocati., .. Si;li aro ly ) =:=,3rS', City'EnC.inear :d 0 1P LcSSf{aY DATE: October 8, 1976 TO: City Council FROM: Dennis R. Kraft, Director of Community Development,,tp RE: Village Green South U' Last week questions arose at the Council meeting during the hearing on the preliminary plat for Village Green South. The questions specifically centered around the dedication or the granting of easements for a strip of open space land along the southern margin of this proposed subdivision and immediately north of the Rock :Island Railroad tracks. Since that period of time, I have had an opportunity to discuss this matter with a representative of the owners of this property and have received several comments which should be of value to the Council in arriving at a decision on this matter. Initially, the developers have indicated a willingness to dedicate a strip of land along the northern edge of the railroad tracks of a varying width. This width would be 20, 30 or 40 feet. The developers have also renewed their offer to dedicate either all or parts of the triangular park parcels as depicted on the map shown to the Council last week. The developers have also ii,Jicated that they would be willing to sign an agreement which would cover not only the land which was located in Village Green South, but one which would also cover the remaining land between this proposed subdivision and Scott Boulevard to the east. The developers have indicated that they would not be interested in merely dedicating an easement because they would not want to see this land become the maintenance responsibility of a homeowner's association, and they have also indicated that they would not want to, participate in either the planting or the fencing of this property. The staff will be prepared to present various schematic designs to the Council next week for the purpose of providing additional information on what could be done with various widths of*dedicated land. The developer will be notified that this item will appear on'th; Council agenda of October 12. DRK:sc RESOLUTION NO. 76-374 A RESOLUTION NAMING A CERTAIN PARK LOCATED WITHIN THE CITY LIMITS OF THE CITY OF IOWA CITY, IOWA WHEREAS, the City Council of the City of Iowa City, Iowa deems it in the best interests of the residents of the City of Iowa City, Iowa, to name parks located within the City; and WHEREAS, the City Council by Resolution No. 72-63 established certain guidelines for the naming of parks; and WHEREAS, 'Elie City of Iowa City has acquired the following described parcel of land for park purposes: Commencing at the northeast corner of Lot 167 in Part VIII of Washington Park, an Addition to Iowa City, Iowa, according; to the plat thereof recorded in Plat Book 10, page 92, Plat Records of Johnson County, Iowa, thence westerly and north- westerly along the north line of said Part VIII of Washington Park to the northwest corner of Lot 162 of said Addition, thence northerly along the easterly line of Part V of Washington Park, an Addition to Iowa City, Iowa, according to the plat thereof recorded in Plat Book 8, page 57, Plat Records of Johnson County, Iowa, to the northeast corner of Lot 122 in Part V of Washington Park, thence north 07°02116" east 101.13 feet, thence north 02°42'35" east 15.00 feet, thence south 8701'7'25" east 215.29 feet, thence south 43°25'00" east 218.09 feet, thence south 36°33'23" west 200.00 feet, thence south 68°34'$0" east 138.59 feet, thence southwesterly 70.00 Eeet along a 477.85 foot radius curve concave southeasterly to the point of beginning. and WHEREAS, the Park and Recreation Commission has recommended that said park be named "Pheasant Hill Park"; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City, Iowa, that the above described park be named "Pheasant Hill Park." It was moved by Balmer and seconded by Selzer that the Resolution be adopted and upon roll call there were: AYES: NAYS: ABSENT: x _ x _ x _ x _ x _ x _ X Passed and approved this ATTEST: �- City Clerk Balmer deProsse Foster Neuhauser Perret Selzer Vevera 12th day of October 1976. ::R 'Ai txa�n Mayor RESOLUTION NO. 76-375 RESOLUTION AU1TiORIZING THE JOHNSON COUNTY REGIONAL PLANNING CONWISSION TO APPOINT DELEGATES ON THE EASTERN IOIVA AREA CRIME COWISSION WHEREAS, the Johnson County Regional Planning Commission by resolution of September 15, 1976, adopted the Articles of Agreement of the Eastern Iona Area Crime Commission; and M EREAS, the Johnson County Regional Planning Commission has been previously authorized to act in behalf of the public agencies within Johnson County with the former East Central Iowa Area Crime Commission; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Iowa City that the Johnson County Regional Planning Commission is designated as the local crime commission and is authorized to serve in behalf of the City of Iowa City as a member entity in the Eastern Iowa Area Crime Commission for any and all purposes including,seekin,g criminal justice funding, technical assistance, and associated informa- tion under the Omnibus Crime Control and Safe Streets Act of 1968 as amended and the Johnson County Regional Planning Commission is authorized and requested to appoint the five (5) delegates to represent the public agencies of Johnson County on the said Eastern Iowa Area Crime Commission. It was moved by Foster and seconded by Perret that the Resolution be adopte an upon roll call there were: Passed and approved this 12th clay of October 1976. / + Mayor ATTEST City Clerk G' AYES: NAYS: ABSENT• BAI l`R dePROSSE x x FOSTER x NEUHAUSER x PERRET x SELZER x Passed and approved this 12th clay of October 1976. / + Mayor ATTEST City Clerk G' RESOLUTION NO. 76-376 RESOLUTION AUTHORIZING DISPOSAL OF PUBLIC PROPERTY WHEREAS, the City of Iotiva City, Iowa, owns certain property more particularly described below which it proposes to exchange for certain other property owned by Mr. and Mrs. Thomas R. Alberhasky of Iowa City, and, WHEREAS, the City has entered into an agreement governing the exchange of this property dated December 1.2, 1972, as subsequently modified, and, WHEREAS, the City of Iowa City has held the necessary* public hearings on disposition of this property. NOW THEREFORE BE IT RESOLVED I3Y THE CITY COUNCIL OF IOWA CITY, IOWA, that the disposition of public property set :Forth in the above specified agreement is approved and the Mayor and City Clerk are hereby authorized and directed to execute quit claim deeds conveying the following described property to Mr. and Mrs. Thomas R. Alberhasky* of Iowa City, Iowa: A tract of land located in the Southeast Quarter of Section 14, Township 80 North, Range 6 West of the 5th P. M. in Johnson County, Iowa, described as follows: Beginning at the point of intersection of the westerly right-of-way line of First Avenue in Iowa City, as realigned, with the southerly right-of-way line of the Chicago, Rock Island and Pacific Railway Company right-of-way, from said point of intersection North 61 degrees 54 minutes 00 seconds West to the northwesterly line of Lot 7, I Ii i 0 Res. No. 76-376 - 2 - of a Resubdivision of part of Lot 4, Ohls Subdivision, Iowa City, Iowa, thence South 68 degrees 39 minutes 15 seconds West 30 feet, from said point thence Southeast to the northerly right-of-way line of the City street, from said point thence along the right- of-way line of said City street to the westerly right- of-way line of First Avenue, as realigned, thence northerly along said First Avenue, as realigned, right-of-way line to the point of beginning. Said tract of land being Parcel 22 as :shown on the Assessment Plat, First Avenue Realignment, dated February 22, 1971, as revised March 16, 1973, prepared by the Department of Public Works -- Engineering Division, City of Iowa City, Iowa. and That portion of the existing First Avenue right-of- way located in Iowa City, Johnson County, Iowa, as shown on the Assessment Plat, First Avenue Realignment, dated February 22, 1971, as revised March 16, 1973, prepared by the Department of Public Works --Engineering :Division, City of Iowa City, Iowa, lying South of the southerly right-of-way line of the Chicago, Rock Island and Pacific Railway Company and immediately North of the First Avenue connection as more particularly set forth on the plat described above, excepting therefrom the northerly 10 feet thereof, title of which shall be and is hereby retained by the City of Iowa City, The City Attorney is authorized to deliver said deeds to the buyers or their legal representative upon buyers fulfilling their obligations under the agreement. It was moved by Selzer and seconded by Foster that the resolution as read be adopted, and upon roll call there were: Res. No. 76-376 - 3 - AYES: NAYS: ABSENT: Balmer x deProsse x x Foster Neuhauser x Perret x Selzer x Vevera x Passed and approved this 12th day of October 1976. Mayor ATTEST: ( (.�Li . �I;XZL City Clerk t` p` City of IOWA �i MENNA40 A I -,-- I I / CIATE: October 8, 1976 Neal Berlin, City bfanager 10: Dennis Kraft, Director of Community Development FROM: Paul Glaves, Redevelopment Program Coordinator RE: Re -use Appraisals 1. On Wednesday, October 6, 1976, I met with Scott McDonald, an associate of the Zuchelli firm; Don Johnson, Vice President of Iowa Appraisal and 'Research Corporation; and Ted Fisher, President of Roy R. Fisher, Inc. Thq meeting was an extended one, at which we discussed in detail the appraisal of Urban Renewal owned property. 2. At the meeting we discussed a variety of factors which relate to the appraisal 11 of this property. The key consideration discussed was the need to realistically appraise a sufficient number of parcels immediately to insure prices, acceptable to IND so that the City of Iowa City may purchase at least $800,000 worth of property prior to the first of December. We discussed in detail what uses should be assumed .for each parcel. This led immediately to the discovery of a major problem with our previous thinking. We had intended to have all parcels appraised for any permitted use,. However, it became apparent that this would not work. High intensity retail or office use is permitted on every parcel in the project area. However, realistically there is not a high intensity retail market or an office market to fully 11 utilize all the available land. What this means is that if we have all. ;parcels appraised on the basis of "any permitted use," vie will be assigning a'h:igh all of the .land and these values are clearlyi intensity retail or office value to not supported by the existing market. I� It would conceivably be possible for the appraisers to allocate the existing market for retail and office space across all of the parcels an4 assign a commercial value to all of the land. This allocation across all; parcels of the available commercial and office market would result in undei;pricinR,the core parcels, because they could be developed more intensively than the appraisers assumed and overpricing the outlying parcels because the market would not support the development at the level of intensity assumed.by 'the appraisers. One of the goals of the Urban Renewal redevelopment is to retain a compact dense commercial area. Another of the goals of the redevelopment is 1j to provide space for downtown residential uses. Thinly allocating the.commerciaQ and office uses across all of the redevelopment. parcels would consume more of the land that is required to support commercial and office development and leave no land available for residential development. It is a far better development strategy to concentrate retail and office development in the Central Business District Core, north of Burlington and to view the Central Business Service Area south of Burlington primarily for auto oriented service uses, residential uses, and possibly some office use. 3. This latter approach necessarily, requires reliable estimates of the extent of the market for commercial and office space so that the appraisers clearly know i 17 wt/ t Neal Berlin and Dennis Kraft October 8, 1976 Page 2 the strength of the market as it would apply south of Burlington Street., This information will become available only after the completion by the Zuchelli firm of an evaluation of our existing market data. The allocation of portion's of the market to specific parcels will occur at the time the re -use plan is dimensioned. This, however, would be too late to acquire appraisals soon enough for the City to purchase the land from itself prior to the refinancing in December. This means that we must have the appraisers make certain assumptions and proceed at this time or we must delay the appraisals and pay interest on the additional $800,000 which we would have to refinance in December; or allow HUD to withhold in December. If HUD withholds the $800,000 and appli.,es it directly to the notes, title to the laird would not transfer to the City of. Iowa City and the added flexibility we could gain would not be gained. The contracts for appraisal services just approved called for appraising, up to ten sites. Because of the uncertainty involved concerning what u,ses the appraisers should anticipate for the various sites, and the uncertainty created because we i do not know whether or not certain streets will finally be closed:, it is necessa;±yP for the appraisers to appraise most of these sites using more than one set of assumptions. This made it exceedingly difficult to select the first ten.sites that should be appraised to insure that the aggregate value exceeded the mecessary $800,000 evaluation. Because of this, it was decided that the proper way to proceed with the appraisal problem would be to have the appraisers appraise all of the re -use parcels at this time, giving multiple valuations on the pa;cels. where there is a high level of uncertainty as to what the ultimate use will be. By having all of the parcels appraised at this time, some economies wil,l,occur because calculations made for one land use can be adapted for ev4uating more than one parcel. At the same time, the necessity to attach multiple valuations to some of the parcels is likely to increase the per parcel cost., The alternativ.9i to receiving multiple valuations would be to assign specific land uses to.specifz;ci parcels at this time and that procedure would be contrary to the wishes of the Council and would be a risky procedure based on the information that we have at this time. Were we to proceed on an incorrect set of assumptions as to land uses, the City would run the risk of buying certain parcels with Community Development Block Grant funds prior to December at a price above that which we could subsequently re -sell the parcels for. To avoid this risk, it is necessary to allow the appraisers to use multiple sets of assumptions so that at the time Council sets re -use prices in December, we can use the available market data to select the appropriate assumptions for each site. 4. Because of this, I have asked the two appraisers to .recalculate their proposals on the basis that they will appraise all of the re -use sites within the next forty-five days giving us multiple valuations on those sites where that is necessary. I would like to go back to the City Council on Tuesday, October 12, with new contracts for appraisal services to reflect this change.. I will not, have completed contracts by Friday, but will have them ready for the Council by Monday. PG/ssw • RESOLUTION N0. 76-377 • RESOLUTION AUTHORIZING A REPLACE ENT CONTRACT FOR REAL ESTATE APPRAISAL SERVICES BETWEEN THE CITY OF IOWA CITY AND IOWA APPRAISAL AND RESEARCH CORPORATION, AND RESCINDING REiSOLUTION NO. 76-366 WHEREAS, the City of Iowa City, acting as Local Public Agency, has under date of September 2, 1970, entered into a Contract for a Loan and Capital Grant with the United States of America providing for financial aid to the Local Public Agency under Title I of the Housing Act of 1949, as amended, for the implemeintation of an urban renewal project known as Project No. Iowa 11-14; and, WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 76-366 on October 5, 1976, which resolution authorized a certain contract for appraisal services between the City of Iowa City and Iowa Appraisal and Research Corporation; and, WHEREAS, it is now deemed necessary and desirable to void. the contract between the parties dated October 5, 1976, and by mutual agreement substitute a new contract in its place. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA, that Resolution No. 76-366 is hereby rescinded and that the contract between the City of Iowa City and Iowa Appraisal and Research Corporation dated October S, 1976, is hereby declared void, and a new contract, a copy of said new contract being attached hereto as exhibit A, and by this reference made a part hereof, is substituted in its place. It was moved by Balmer and seconded by Foster that the Resolution as read be adopted and upon roll call there were; AYES: NAYS: ABSENT: X Balmer X deProsse X Foster Neuhauser X X Perret X Selzer X Vevera Passed and approved this 12th day of October, 1976 Mayor ATTEST: 1 I �rf�•' •1 G6 /cC" City Clerk RECEI7rD & A}r;:;;. BX NBE LEGAL DEPT!-'L, R� V.�� io(8 74 CONTRACT FOR REUSE APPRAISAL OF RMEVELOP1W SITES. 111IS AGRE6N1FrYf entered into this 12th day of October , lg 76 by .iral bettvicen The City of Iowa City, oZ-Rereinafter referred to aS t e "Loc -a1— 1kiblic Agency" and Iowa Appraisal and Research Corporation Iiereln�ter referre�c tc as t e"Appraiser' NEbSETf 1, 1141ER AS the Local Public Agency proposes to dispose of certain properties, hereigafter referred to as the "sites" after the same have been cleared by demolition,, and/or removal of certain structures and improved, as shown on a disposal map or maps, containing information more specifically enumerated hereinafter in Paragraph Z liereof, and located within the boundaries of an area referred to as the "Project Ares", more particularly described hereinafter in Paragraph 14 hereof, and desires to obtain a final appraisal of each site, assuming it is prepared for redevelopment as proposed, and an analysis of the marketability of all of the sites within the Project Area, NOW, TIEUT-FORE, the Local Public Agency and the Appraiser, for the consideratioyti's and under the conditions hereinafter set forth, do agree as follows: 1. The Appraiser agrees to a. Consult with and advise the Local Public Agency, at such time or tunes as may be mutually convenient for the parties to this contract,, regarding the functions performed and to be performed hereunder and the real estate aspects of the Local Public Agency's plans and programs which are related to the reports prepared and to be prepared by the Appraiser under this contract. b. Appraise each of the sites, as requested by the Local Publig Agency. c. Make such inspections, investigations, and studies as are necessary or appropriate to enable the Appraiser to perform properly thejunctions to be performed by the Appraiser under this contract. d. Prepare and deliver to the Local Public Agency, within 45 days following notice by the Local Public Agency to proceed wi�ti$ie pre�aratioa of the appraisal report, an appraisal report in two (2) copies, whzch report shall conform to recognized professional practice and shall„ among other things, contain the following: (1) Letter of Transmittal. A letter of transmittal, which shall contain a summary of the principal findings, conclusions, and Suggestions of the Appraiser, including the Appraiser's estimates of the fair value of each of the sites in the Project Area for use in accordance with the Urban Renewal Plan. (2) Ceneral Findings. With respect to the Project Area as a whol,e,, an analysis ot the principal factors influencing the marketability and value of the sites in the Project Area, including consideration of such matters as the activity of the local real estate market during i -2- the past several years for properties comparable to the sites, the current demand for such properties and the extent of competitive properties presently available to meet the current and future demand anticipated in a reasonable length of time, the environment of the area, its location with respect to the remainder of the ccs:u-nity, and the site improvements proposed to be installed by the Local Public Agency. (3) Ao raisal of the Individual Sites. For each site, the conclusions and suggestions ot the Tppraiser, together with the analyses and data by which they were derived, as follow: (a) An opinion of the fair value of the site for use in accordance with the Urban Renewal Plan. Lb) The conclusions of the Appraiser as to the use, or types of use, for which the site is reasonably suitable, subject to the conditi,Ws and restrictions which are proposed to be imposed upon the disposition, together with the: opinion of the Appi7aiser as to the best or most profitable future use for the land in conformity'' with the Urban Renewal Plan. The conclusions of the Appraiser shall be supported by an analysis of the uses to which the land could be devoted under the Urban Renewal Plan. (c) Information with respect to comparable properties which Were considered by the Appraiser in estimating the fait; value of the site for uses in accordance with the Urban RenLwal Plan. The Appraiser's valuation of the respective sites shot)ld generally be predicated, among other factors, upon comparis?n of it,e site with other similar properties. In making such comparisons, appropriate allowance should be made for all diffbrences'which are pertinent as to the desirability for the proposed ne�T use or uses of the site and the properties with which it is compared.. These comparisons should also take into account such factors as the existence or absence of structural improvements on the property, location of the property, its surroundingsr distance from business centers, location of improved streets and Toads, location of industries, condition.and appearance,, and other relevant factors. The income-producing potentialities of the site when redeveloped for the proposed new use on uses should also be considered. (d) In the event the use specified in the Urban Renewal Plan is a public use or a private nonprofit use and such use is a type of '! use for which there is no established market, the Appraiser, in addition, shall furnish an opinion of the value aif such site for, use for the most appropriate alternative use or itses compatible with the Urban Renewal Plan for the Project Area'as a whole (in- )r cluding residential, commercial, or other uses, or a combination thereof). -3- (e) Other infonnation and analyses considered by the (Appraiser to be relevant to the marketability, the valuation, or the fonuulation by the Local Public Agency of its program for disposal of the site. 2. The local Public Agency agrees to furnish to the Appraiser: a. Copies of a disposal map, or maps, drawn to scale and showing the ontire: Project Area and the proposed boundaries of each site, and :Further showing:' (1) The dimensions and land area of each site. (2) Rights-of-way for streets, driveways, and walks or sidewalks, adjacent or providing access to each site. (3) Easements, if any, to be reserved. b. A statement of the conditions and restrictions proposed to be imposed on each site and on the redevelopers of such sites, in the contracts for conveyance or lease and in the conveyances or leases of the land, includiq;- all conditions and restrictions with respect to the development and use of the land and the time of beginning and completion of the building of improvements thereon. C. All available information as to proposed zoning and as to proposed buildings regulations, or restrictions, pertaining to the Project Area. d. Access to and permission to inspect, at reasonable times and under 'reason- able conditions, any plans, publications, reports, statistics, studies, records, or other data or information (except appraisalsby others and information considered confidential by the Local Public Agepcy) prepared or owned by the Local Public Agency and relevant to the subject matter of the services to be furnished by the Appraiser under this contract. 3. The Local Public Agency and the Appraiser agree that the appraisals of the lark( values shall be based on the following assumptions: a. That all transfers of property, whether by sale or by lease, shall be based upon the binding condition that such sites shall be developed,in accordance with the Urban Renewal Plan and that actual utilization of such lands shall be begun by the purchaser or his agents within a reasonable time subsequent to the transfer. b. That if there are, at the time of appraisal, restrictions on the use of materials or labor which would prevent a purchaser of the land from constructing improvements in accordance with the Urban Ren;eral Pl4n, the- Appraiser heAppraiser shall estimate the fair value of the land for use in accordance with the Urban Renewal Plan under the assumption that such restrictions are not in effect, and shall, in addition, give the Appraiser's estimate of the extent to which the existence of such restrictions impairs such value. -4- -i. The Local Public Agency reserves the right to request, and the Appraiser - agrees to furnish, any additional information pertinent to the appraisal and. the analysis and not contained in the appraisal reports. S. The performance of services or acceptance of the reports required hereunder shall not relieve the Appraiser from the obligation to correct any defective work, whether previously or subsequently discovered, and all inc(*plete, inaccurate, or defective work shall be remedied by the Appraiser on demand without cost to the Local Public Agency. 6. The Local Public Agency shall pay to the Appraiser compensation for all services performed hereunder in the total amount of $ 5,600.00 which shall include such additional or supplemental data as may b� required under Paragraph 4 or Paragraph 5 hereof. �. The Appraiser's rights, obligations, and duties under this contract shall not be assigned or transferred in whole or in part (whether by assigrnent, novation, or otherwise), but this provision shall not prohibit the assignment of proceeds due or to become due hereunder. This contract may be assigned by the Local Public Agency to any corporation, agency, or instrumentali:Gy having authority to accept the assignment. R. None of the work or services covered by this contract shall be subcontracted, �. The appraiser agrees that any and all reports prepared and conclusions reached hereunder are for the information of the Local Public Agency and,that neither the Appraiser nor any member of the Appraiser's personnel will disclose. any of the same in whole or in part to any person whatsoever or discuss the same with any person whatsoever, other than the Local Public Agency or its authorized representatives, except when called upon to testify in relation to such report or conclusions under oath in a judicial forum, or as may be otherwise required by law. I 10. As an inducement to the execution of this agreement by the Local, Public Agency, the Appraiser represents and agrees that the Appraiser has not employed any person to solicit or procure this contract, and has not made, and }rill not make, any payment or any agreement for the payment of any ccwissioA, percentage, brokerage, contingent fee, or any other compensation in connection with the procurement of this contract, and that the Appraiser has not now and will not acquire, prior to the disposition of all the sites by the Local Public Agency, any interest (including that of real estate agent or broker), direct or indirect, present or prospective, in any of the sites of the Project Area, and has not employed, and will not employ, in connection with wor) to be performed hereunder, any person having any such interest during the term of this contract, either directly or indirectly. 11, During the performance of this contract, the Appraiser agrees as follows: a. The Appraiser will, not discriminate against any employee or applicant for employment because of race, creed, color, or national origin. The Appraiser will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard 0 -5- 0 to their race, creed, color, or national origin. Such action shall include, but not be limited to, the follo��ing: employment, upgrading, de- motion, or transfer, recruitment or recruitment advertising; layoff' or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Appraiser agrees to pest in' conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth the provisions of this nondiscrimination clause. b. The Appraiser will, in all solicitations or advertisements for employees placed by or on behalf of the Appraiser, state that all qualified opplicant;44 will receive consideration for employment without regard to race, creed, color, or national origin. 12. No Member of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise herefrom. 13. No member of the Local Public Agency shall participate in any decision relating, to this contract which affects his personal interests or the i4terests of any corporation, partnership, or association in which he is directly of in- directly interested; norshall any member, officer, agent, or employee of the Local Public Agency have any interest, direct or indirect, in this contract or the proceeds thereof. 14. The Project Area is described as follows: Project Iowa R-14, bounded Uy Washington Street on the north, Linn Street on the east, Court Street on the south, and an irregular boundary comprised of the Iowa River, Fiurlington Street']p Front Street, College Street, and Capitol Street on the gest. 15. As used in this contract, the term "site" means any one or more tract* designated as a site on the disposal map or maps. 16. The term "Urban Renewal Plan" as used in this contract means: ' The Urban Renewal Plan approved by the governing body of the locality on October 2, 1969, as amended, which Plan is identified as follgws: The Urban Renewal Plan, City -University Project I, Project Iowa R-14, Iowa City, Iowa. 17. It is expressly agreed that this contract is for the appraisal of all disposition parcels in Project 'Iowa R-14 except parcel 82-1a, with multiple -valuations provided as called for in the instructions to -the appraisers. Notwithstanding;' the above, this contract may be terminated by either party upon 3,0 dayt written) notice to the other party. 18. It is expressly agreed that following the completion of the above required appraisals, should the City require changes, due to changes in the re-iuse plani, such changes will be provided by temporary advisory services on an intermi.ttedit basis at a per diem rate of $ 300.00 -per day, such, per diem to include all supplies, services, and expenses. -6- IN WIT\EGSS WHEREOF, the parties hereto have caused this contract to be executed in triplicate on the day and year first above written- Witnesse I U-LtyCler c Iowa Appraisal and Research Corp. Vice President CITY OF IOWA CITY �) .r ayor 0 AGREEMENTS/CONTRACTS 46 Attached are ,� unexecuted copies of ,•, „^�' qty as signed by the Mayor. After their execution by the second party, please route It 7 z) F. 3) a .CG F/�C�cit�.1tx. 21tL2C�G�� 4) l 5) J, —is C1 -C �2r'�✓ is to be, responsible for completion of this procedure. Abbie Stuifus City Clerk I RESOLUTION NO. 76-378 RESOLUTION AUTHORIZING A REPLACEMENT CONTRACT FOR REAL ESTATE APPRAISAL SERVICES BETWEEN THE CITY OF IOWA CITY AND ROY R. FISHER, INC., AND RESCINDING RESOLUTION NO. 76-367 WHEREAS, the City of Iowa City, acting as Local Public Agency, has under date of September 2, 1970, entered into a Contract for a Loan and Capital Grant with the United States of America providing for financial aid to the Local Public Agency under Title I of the Housing Act of 1949, as amended, for the implementation of an urban renewal project known as Project No. Iowa R-14; and, WHEREAS, the City Council of the City of Iowa City did approve Resolution No. 76-367 on October 5, 1976, which resolution authorized a certain contract for appraisal services between the City of Iowa City and Roy R. Fisher, Inc.; and, WHEREAS, it is now deemed necessary and desirable to void the contract between the parties dated October 5, 1976, and by mutual agreement substitute a new contract in its place. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, I(114A,, that Resolution No. 76-367 is hereby rescinded and that the contract between the City of Iowa City and Roy R. Fisher, Inc., dated October 5, 1976, is :hereby declared void, and a new contract, a copy of said new contract being attached hereto as exhibit A, and by this reference made a part hereof, is substituted in its place. It was moved by Foster and seconded by Vevera that the Resolution as read be adopted and upon roll call there were; AYES: NAYS: ABSENT: X Balmer X deProsse X Foster X Neuhauser X Perret X Selzer — x V ev era Passed and approved this 12th day of October , 1976. x C. "%1A&t U _c� Mayor ATTEST: L;z City CIpYk RECEIVED & APPROVED BY THE LEGAL DEPARTMUT K14 3 16 (1 tNo CON'IRACP FOR REUSE APPRII ,.U. OF RI:UiVlili.01NEN1' SITES '11115 AGRI iNFNI' entered into this 12th day of October 1,U 70ii by ,ind hetween The City of Iowa City, los.a rrereinafter referred to as _tFe "CocaT_ IUbl is Agency" and Roy It. Fisher, Inc. !� !I Hereinafter refer, to as t e 'Appraiser r,, ..� I WRLRIiAS tae Local Public Agency proposes to dispose of certain properties, hereinafter referred to as the "sites" after the same have been cleared by demolition, and/or removal of certain structures and improved, as shown on a disposal map;or maps, containing information more specifically enumerated hereinafter in Paragraph 2 hereof, and located within the boundaries o: an area referred to as the "Project " Area", more particularly described hereinafter in Paragraph 14 hereof., and desires to obtain a final appraisal of each site, assuming it is prepared for redevel'opnent as proposed, and an analysis of the marketability of all of the sites within the Project Area, NOW, THIRLFORE, the Local Public .agency and. the Appraiser, for the corsideratioO and under the conditions hereinafter set forth, do agree as follows: 1. The Appraiser agrees to a. Consult with and advise the Local Public Agency, at such time or times as may be mutually convenient for the parties to this contract, regard;ng the functions performed and to be performed hereunder and the real estate, aspects of the Local Public Agency's plans and programs which are related. to the reports prepared and to he prepared by the Appraiser under this contract. b. Appraise each of the sites, as requested by -the Local Public Agency., c. Make such inspections, investigations, and studies as are necessary or appropriate to enable the Appraiser to perform properly therfUnctions to be performed by the Appraiser under this contract. d. Prepare and deliver to the Local Public Agency, within 45 days following notice by the Local Public Agency to proceed wi�TtTie prepatation of the appraisal report, an appraisal report in two (2) copies, uhli h report shall conform to recognized professional practice and, shall., among other things, contain the following: (1) Letter of: Transmittal. A letter of transmittal, which shall contain a summary of the principal findings, conclusions, and suggestions of the Appraiser, including the Appraiser's estimates of the fairvalue of each of the sites in the Project Area for use in accordance with the Urban Renewal Plan. (2) General Findings. With respect to -the 'Project Area as a whole, an analysis of the principal factors influencing the marketability and value of the sites in the Project Area, including consideration of such matters as the activity of the local real estate market during I (0 (0 .2 - the past several years for properties comparable to tha sites, the current demand for such properties and the extent of cappetitive properties presently available to meet the current and future demand anticipated in a reasonable length of time, the environ ent of the area, its location with respect to the remainder of the community, and the site improvements proposed to be installed by the Local Public Agency. (3) ApQraisal of the Individual Sites. For each site, the conclusions and suggestions or the -Appraiser, together with the analyses and data by which they were derived, as follow: (a) An opinion of the fair value of the site for use in accordance with the Urban Renewal Plan. (b) The conclusions of the Appraiser as to the use, or types of use, for which the site is reasonably suitable, subject; to the conditiif)lis and restrictions which are proposed to be imposed upon the disposition, together with the opinion of the Appraiser as to the best or most profitable future use for the lard in cOrtEotmity with the Urban Renewal Plan. The conclusions of the Appraiser shall be supperted by an analysis of the uses to ujhich the land could be devoted under the Urban Renewal Plan. (c) Information with respect to ccanparable properties which were considered by the Appraiser in estimating the fait; value of the site for uses in accordance with the Urban Renewal Plan, The Appraiser's valuation of the respective sites shoLild generally be predicated, among other factors, upon comparisgn of the site with other similar properties.. In making such comparisons, appropriate allowance should be made for all differences,which are pertinent as to the desirability for the propAised net use or uses of the site and the properties with whichrit is compared. These comparisons should also take into account such factors as the existence or absence of structural improvements on the property, location of the property, its surroundings, distance from business centers, location of improved streets and,r.oads, location of industries, condition and appearance., and other relevant factors. The income-producing potentialities of the site when redeveloped for the proposed new use or uses should also be considered. (d) In the event the use specified in the Urban Reneigl Plan; is a public use or a private nonprofit use and such use is a type of use for which there is no established market, the Appraiser, in addition, shall furnish an opinion of the value of such site for use for the most appropriate alternative use or uses comppatible with the Urban Renewal Plan for the Project Area as a whole (in- cluding residential, commercial, or other uses, or a combination thereof). -3- (e) Other information aril analyses considered by the Appraiser to be relevant to the marketability, 'the valuation, o� the Cumulation by the I.ucal Public Agency of its program for disposal of the site. The Local Public Agency agrees to furnish to the Appraiser: a. Copies of a disposal map, or maps, drawn to scale and showing the entire Project Area and the proposed boundaries of each site, and further showing= (1) The dimensions and land area of each site. (2) Rights-of-way for streets, driveways, or providing access to each site. and walks or sidewalks, adjacent (3) Fasements, if any, to be reserved. b. A statement of the conditions and restrictions proposed to be imposed on each site and on the redevelopers of such sites, in the theconland, for conveyance or lease and in the conveyances or leases of the land, including;. all conditions and restrictions with respect to the developlient and use of the land and the time of beginning and completion of the building of improvements thereon. c. All available information as to proposed zoning and as to proposed building, regulations, or restrictions, pertaining to: the Project Area. d. Access to and permission to inspect, at reasonable times and under reason- able conditions, any plans, publications, reports, statistics, studies, records, or other data or information (except appraisals by others and information considered confidential by the Local Public Agency) p>4p ar or ownedhe Local Public be furnished by the Appraiserand ant unde� thisthescontr act. of Appraiser agree that the appraisals o.f the lanfjl 3. The Local Public Agency and the values shall be based on the following assimrptions: a. That all transfers of property, whether by sale or by lease, shall, be based upon the binding condition that such sites shall be developed in accordance with the Urban Renewal Plan and that actual utiiization of such lands shall be begun by the purchaser or his agents within a reasonali;�e time subsequent to the transfer. b. That if there are, at the time of appraisal, restrictions on the use of materials or labor which would prevent a purchaser of the land from constructing improvements in accordance with the Urban Renewal Flan, the Appraiser shall estimate the fair value of the land for use in accordance with the Urban Renewal Plan under the assumption that such restrictions are not in effect, and shall, in addition, give the Appraiser's estimate of the extent to which the existence of such restrictions impaixs:such value. 0 0 -4- 4. The Local Public Agency reserves the right to request, and the Appraiser agrees to furnish, any additional information pertinent to the appraisal and the :u(alysis and not contained in the appraisaL reports. S. The performance of services or acceptance of the reports required hereunder shall not relieve the Appraiser from the obligation to correct any defective work, whether previously or subsequently discovered, and all incomplete, inaccurate, or defective work shall be remedied by the Appraiser on demand without cost to the Local Public Agency. 6. Tlie Local Public Agency shall pay to the Appraiser compensation for all services performed hereunder in the total amount; of $ 6,875.00 which shall include such additional or supplemental data as may be required under Paragraph 4 or Paragraph 5 hereof. 7. The Appraiser's rights, obligations, and duties under this contract shall not be assigned or transferred in whole or in part (whether by.assignment, novation, or otherwise), but this provision shall not prohibit the assignment of proceeds due or to become due hereunder. This contract may be assigred by the Local Public Agency to any corporation, agency, or instrumentality having authority to accept the assignment. R. None of the work or services covered by this contract shall be subcontracted. �. The appraiser agrees that any and all reports prepared and conclusions. reached hereunder are for the information of the Local Public Agency and, that neither the Appraiser nor any member of the Appraiser's personnel will disclose. any of the same in whole or in part to any person whatsoever or discuss the same with any person whatsoever, other than the Local Public Agency or its r' authorized representatives, except when called upon to testify in relation to such report or conclusions under oath in a judicial forum, or as may be otherwise required by law. 10. As an inducement to the execution of this agreement by the Local, Public Agency, the Appraiser represents and agrees that the Appraiser has not t,mployed any person to solicit or procure this contract, and has not made„ and will not make, any payment or any agreement for the payment of any coipnissiony percentage, brokerage, contingent fee, or any other compensation in connection with the procurement of this contract, and that the Appraiser has not now and will not acquire, prior to the disposition of all the sites b the L©caZ Public Agency, any interest (including that of real estate agent;or broker), direct or indirect, present or prospective, in any of the sites of the Project Area, and has not employed, and will not employ, in connection with work to be performed hereunder, any person having any such interest during the term of this contract, either directly or indirectly. 11. During the performance of this contract, the Appraiser agrees as follows: a. The Appraiser will not discriminate against any employee or applicant for employment because of race, creed, color, or national origin: The Appraiser will tale affirmative action to ensure that applica:(its are, employed, and that employees are treated (luring employment, vi.thout,regard I i 12. 13 14. is. 16 17 18 0 -5- 0 to their race, creed, color, or national origin. Such action shalt include, but not he limited to, the following: employment, uaarading,. de- motion, or transfer, recruitment or recruitment advertising, layoff or teniination; rates of pay or other forms of compensation; and selection for training, including, apprenticeship. Tho Appraiser agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Local Public Agency setting forth, the provisions of this nondiscrimination clause. b. The 1ppraiser will, in all solicitations or advertisements for employees placed by or on behalf of the Appraiser„ state that all qualified applicants,; will receive consideration for employment without regard to race, creed, color, or national origin. No Member of or Delegate to the Congress of the United States of America, and no Resident Commissioner, shall be admitted to any share or part of this contract or to any benefit to arise herefrom. 'I No member of the Local Public Agency shall participate in any de.,cision relating,i to this contract which affects his personal interests or the interests of any corporation, partnership, or association in which he is directly or, in- directly interested; norshall any member, officer, agent, or employee of the Local Public Agency have any interest, direct or indirect, in this contract or the proceeds thereof. The Project Area is described as follows: Project Iowa R-14, bounded by Washington Street on the north, Linn Street on the east, Court Street on the south, and an irregular boundary comprised of the Iowa River, Burlington Street,,, Front Street, College Street, and Capitol Street oa the west. As used in this contract, the term "site" means any one or more tracts designate -i3 as a site on the disposal map or maps, The term "Urban Renewal Plan" as used in this contract means: ` i The Urban Renewal Plan approved by the governing body of thq local,iity on October 2, 1969, as amended, which Plan is identified as follows!: The Urban Renewal, Plan, City -University Project I, Project Jbwa R-14, Iowa City, Iowa. It is expressly agreed that this contract is for the appraisal of all dispositi0i" parcels in Project Iowa R-14 except parcel 82-1a, with multiple valuations provided as called for in the instructions to the appraisers. Notwithstanding the above, this contract may be terminated by either party upon 30 days e.Titten notice to the other party. i' It is expressly agreed that following the completion of the above required appraisals, should the City require changes, due to changes in the re -use plan, such charges will be provided by temporary advisory services on an. intermittent basis at a per diem rate of $ 350.00 per day, such per diem to include all supplies, services, and expenses. 0611 Ih WITNESS IVEM.OF, the parties hereto have caused this contract to be etecuted in triplicate on the day and year first above written. Roy R. Fisher, Inc. Witnessed y i CITY OF IOIVA CITY City ClerL —_-� Mayor ift i 0 AGREEMENTS/CONTRACTS J Attached are unexecuted copies of as signed by the Mayor. After their execution by the second party, please route 3) 4) 5) is to be responsible for completion of this procedure. Abbie Stolfus City Clerk i