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HomeMy WebLinkAbout1976-11-23 ResolutionRESOLUTION I;o. 6-412 OF BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class reby approved for the following tuned per— Beer Permit Application i• hecribed locations: son or persons at the following des Earle Norman Grueskin, partner dba/Dividend Bonded Gas 302 S. Dubuque St. Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance or state lap. The City Clerk shall cause a uecos�pendat:Lon :Eor approval to 1x endorsed upon the application and forward the ■ams togetlhar, with the license:fe�5, surety bond and all other information or docusesats:requized to the ;Lowe Beer and Liquor Control Wartnent. deProsse atui sacotuled by Perret that the It was moved by _ roll ced yhern wereii Resolution as read be adopted, and upon NAY6 t ABSENT. aYE:i i - Balmer XX — eProsse x Foster Neu auser _ erre evera — x Passed this 23rd day of November. 19 76 RMN RESOLUTION NO. 7676 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTurnN BE IT RESOLVED BLiquorCControlNCIL LicensezapplicationOWA CITY, OWE�, that a Class q is hereby approve the following named person or persons at the following described location: 21 W. Benton The Waterfront, Inc. dba/Waterfront Lounge, Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall c'eand forwardnthe for sameroval to he endorsed upon the applicationcertificate of financial together with the license fee, remises and all responsibility, surety bond,, sketch of the p and Liquor Cother ation or Departmentg documentrequired to the Iowa Beer It was moved by deProsse and seconded by Perret that the Resolution ass reacT-e-adopted, and upon-r-oll--c-aTy there were: AYES: NAYS: ABSENT: Balmer. x _- -- ---- x deProsse x Foster -- --- x Neuhauser x Perret-- ---' x Selzer-- -' - — x Vevera - -- 23rd day of _ November 19 76 Passed and approved this i RESOLUTION NO. 76-414 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLiZ' TM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control, License applica$ion is hereby approve or the following named person or persons at the following described location: First Avenue Lounge of Iowa City, Inc, dba/The ;9nnex, 819 First Ave. Said approval shall be subject to any conditions or 're strictions hereafter imposed by ordinance or State law. The City Clerk shall cause a recommendation for, approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises end all, other information or documents required to the lowa Beer and Liquor Control Department, It was moved by deProsse and seconded by Perret that the Resolution as readTie adopted, and upon roT� ca there were: Passed and approved this .. 21,.,1 day of November 19_. 76 AYES: NAYS: ABSENT: Balmer x deProsse x Foster x - Neuhauser x Perret x Selzer x Vevera x Passed and approved this .. 21,.,1 day of November 19_. 76 RESOLUTION NO. 76-4150 _RESOLUI�ON T REFUND CIGARETTE PERMIT i i Central Vendors dba/ WHEREAS HaPPy Days Pizza & Ice Cream 1515 Mall Drive ' ' at in Iowa City, Iowa, has surrendered cigarette permit No. 77-41expiring! June 30 19 77 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 77-41 , issued to central_ vendors, 53 Second St.,. be cancelled, and Coralvil.le --� BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50.00 p payable to Central Vendors I as a refund on cigarette permit No. 77-41 It was moved by _ deProsse and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: =91 NAYS;: ABSENT: Balmer x deProsse x Foster x Neuhauser x Perret x Selzer x . Vevera x Passed this 23rd day of November 19 76. i RESOLUTION N0; 76 4X� RESOLUTION TO REFUND, C1gARETTE FEIL WHEREAS, Maid -Rite Corner at r ;'If) n..A in Iowa City, Iowa, has surrendered cigarette permit No. 77-66 __; expiring June 30 , 19 77 , and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cig3zetta permit No. 77-66 , issued to be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby h authorized and directed to draw a warrant on the General Fund in the amount, of 50.00 C. Urban Kell Trust; dba/Maid-Rite Corner $ payable to y' as a refund on cigarette. permit No. 77-66 It was moved by deProsse and seconded by, Perret _ that the Resolution as read be adopted, and upon roll call there were: AYES.L NAYS : SENT Balmer x deProsse x Foster x Neuhauser x Perret x _ �r Selzer x Vevera x Passed this 23rd day of November , 19 76 G HESOLUI'ICK NO. _76-417 RESOLUTION ACCEPTING SANITARY SEWER IN DEAN OAKES FIRST ADDITION WHEFEAS, the Engineering Department has certified that the folimim Mprovarents have been completed in accordance with plans arra specifications of the City of Iowa City, Sanitary sewer for Dean Oakes First Addition, as constructed by Dave Schmitt Construction Company, Inc. of Cedar Rapids, Iowa. AND WHEREAS, VLtintenance Bonds for Dave Schmitt Constr. Co. are on file in the City Clerk's Office, i NOW THEREFORE BE IT RESOLVED by the City Council of Iaaa City, Iowa, that said improvements be accepted by the City of Iowa City. It was moved by deprosse and secorr3ed by Perxiet that the Resolution as read be accepted, and upon roll call ttiere were: :JAL 4G j mayor ATTEST: l City Clerk is h i i I li I " AYES • NAYS • ;CBS=: ,i BALIVER x. dePROSSE �I x b FOSTER x NEUHAUSER x PF.RRET x SELZER x .I VEVERA x ;I Passed and approved this 23rd ;I day of _ November , 19 76 :JAL 4G j mayor ATTEST: l City Clerk is h i i I li I " 0 RESOLUTION NO ' ,-- RESOLUTION ESTABLISHING TRAFFIC CO CERTAIN DESIGNATED INTERSECTIONS, I OL SIGNSI AT OWA CITYi. t WHEREAS, the Ordinances of the City of Iowa Cii{,yIowa, , provide that the City Council may establish traffic, ontr.b!1 c signs at designated intersections in Iowa City, Iowa;, by Resolution, after determination that it is in the pir,blic interest to establish said traffic con•tro'1 signs, and, WHEREAS, the City Council of Iowa City Iowa, hik detet•- mined that it is in the public interest; to est.ablisih the following traffic control signs at the following intersections: Court Street and Oakland, for east bound and ioest bound traffic. I NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIIL OF THE CITY OF IOWA CITY, IOWA, as follows: A) the following signs are hereby established att the follow- ing intersections: Court Street and Oakland, for east bound and west bound t,xaffic. i, B) that the City Manager is hereby authorized aqd. direate•d to have appropriate signs installed to effectuate the Provisions of this Resolution, It was moved by Vevera the Resolution as rea and seconded by dep. GCP that e a opted and upon rol ca t�iexe we1'e: AYES: NAYS: ABSENT: x x Balmer deProsse x Foster x Neuhauser Perret Selzer Vevera Passed and approved this 23rd ' . day of November 1074 r� ATTEST: tty er Mayor f._ RESOIAMON NO. 76-419 IGS=ION AUrBORIZING E}4x'RTPION CF SIDEWALK GUM; AGRiEENENr mmmaS, the City of Iowa Citi, Iowa, has negotiated an agreement With the owner $ manager of Seifert s r a copy of said ag;;eemen — — being at to this Resolution s reference made a part � f, and, WHM AS, the City Council deems it in the public interest to enter into said agreement for permission to construct a chute under the. sidewalk. The agreement also indemnifies the Cit, from any claims due to. injury or damage resulting from occupancy and construction of the sidewal;jc chute. NOW, THEFMIM, BE IT RESOLVED BY THE CITY OM CIL: 1. That the Mayor and City Clerk are hereby authorized and; &Lrected, to execute the agreement with Seifert's 2. That the City Clerk shall furnish copies of said -agreement to any citizen request.�ing same. It was moved by Balmer and sec xi by dd P�,rncca;_,_ t11P Resolution be adopted, an upon roll -call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ,—_ FOSTER x NEUHAUSER x PERRET AhG ain SELZER x VEVE A passed and approved this23rd day of November , 1976. Mayor ATTEST:K94>4&a:_zz' City Clerk ASTON AND IP1DEPiNIFTCATION ;9�'LF2SI` �F � • `, i7HEF2EILS, the City of Tana City is a rmmicipal corporation having iglli title and control of all public streets, alleys, and public ways; znd WHE ZEAS, the undersigned, being Carers/tenants of the folio inq descfi real estate, to-q witc See Attachment "A" and the the undersigned are engaged—� u� and conducting the fgl:loaing ]b��siness, at the above location-_ Seiferts Women's Apparel - and - WHEREAS, in order to facilitate ac cc'ss to and from said business and ti vide for the e>, ' 2�ed-itious loading �q PrO"' � g and unloading of merchandis e and wares; ari� tTthe City of Iowa City, Iowa, is responsible for the care, sup�vi- sion, and control of public grounds, streets and sidewalks. i NOW, THEREMRE, be it stated that the City of Iowa City hereby grants, construct and maintain a sidew�-ussion alk deem subject to the foil 1. The undersigned a owing conditions: at gree to construct and maintain a sidewalk Qeud*c- �L See Attachm4 nt "y•' 3t lc? (�d jIr I 2. Said construction�--- be under the direction of direction shall the City'Ei?4�ei'$. ,, shall not relieve or release consist of an occasional inspection of the work i:n Progress, b the u}t ndersignced of its �tt responsibility thate-vaii be constructed pursuant to all, applicable laws. i 3. This permit shall be valid until revocation by the City, 9.r� The undersigned agrees to relocate or removes Olt cL ase upon written notice said d-� at own cost amp eXPeby the City of Iowa City, Said relocation or remove shall be accormlished within ��u �y (30) days of the date o£; written noti"Eicati i 9' �� v The undersigned further agrees to replace and reconstruct the sidewalk unon said relocation or renuval at own cost and exrnsse. 5. The undersigned hereby agrees to indemii.fy, defend and save harmle�' the City of Iowa City, its agents, officers, and employees, from and'against4,' all claims, suits, damages, costs, losses and expenses in any manner result::di from, arising out of or connected with the construction.,use, ani removal of said vault, including losses resulting from but not limited to leakage, injury to property and persons. This permission shall come into full, 'force and effect uxRn the filing the undersigned, in the office of the City Clerk, a liability .insuranje po: executed by a company authorized to do insurance business in the State of in a form approved by the City Manager. The miaiinmamm limits of such policy be as follows: To cover the insured's liability for personal injury or death in the almunt of,five hundred thousand ($500,Qgo) dollars and for property damage in the aimnunt of ten thousand (10,000) dollars. Each policy shall contain the following endorsement: "It is expressly understood and agreed that this policy shall insure against all claims, suits, damages, costs, losses and expanses resulting in any manner from, arising out of or connected with the construction, use, mainten- ance, and removal of a sidewalk `47FQ located at See Attachment "A" and used in conjunction with the i.nsured's business." "It is further understood and agreed that before the insurance policy to which this endorsement is attached; may be suspended or cancelled the City of Iaoa City •Iowa, will be given thirty (30) days prior written notice o£ such proposed suspension or cancellation. It is;furthler understood and agreed that the obligation of this policy shall not be affected by any act or omission of the naned insured, or any employee or agent of the named insured, with respect to any condition or requirenent attached thereto, nor by any default of the insured in, paynent of the premium, nor in the giving of any notice required by said policy, or otherwise, taor by the death, insolvency, bankruptcy, legal incapacity, or inability of the insured." The failure of the undersigned to maintain such a policy in 'full force and -effect shall be grounds for revocation of permission by the C.ty of Iowa City, Iowa, as prorided above. Dated this day of �e r r- ,� C, 0 ,x k 2 Y !/�,1/�) w (" `J.or�/p!(e P14,¢to j SEIFERT' S IOWA CITY INC .i 1'i"PA,r.a, J.,�, av "fit. c� ✓,,,. L ��� ' w� �xf�rnMA Robert- F Vanclp 1r----a.,—� r in en, Pte; (k -- --=— ATTEST: y e cr Everett Meeker, SecxeCary, I LU d MAYOR ATTEST: CITY CLERK FMCEIVED & AR2301TED' BY 5}1E LEC -Al DPL•, 1;L11iT (.F R. - Beginning at the of Iowa City, thence east 40 feet, thence north 40 feet to the commonly kn own as 10 Attachment "A" NW corner of Lot 4, east 110 feet, thence south 20 feet, thence point of beginning in South Clinton Avenue. 0 Block 80, Originel Town south 20 feet, thence west 150 feet, thertoe Johnson County, ,Iowa, 1 0 AGREEMENTS/CONTRACTS 0 Attached are unexecuted copies of as signed by the Mayor. After their execution by the second party, please route 5) 6Lfz1 z1 d— r2t�✓1, is to be responsible fnr completion of this procedure. Abbie Stolfus City Clerk PEMISSION AND INDEMNIFICATION AGREEMgT r %i''L¢C.�., :;I- y he-�.2: WHEREAS, the City of Iowa City is a municipal corporation Having full titlq!' and control of all public streets, alleys, and public ways; and WHEREAS, the undersigned, being amers/tenants of the follallyg described real estate, to -wit: See Attachment "A"_ and MEAS, 1 -he undersigned are engaged in and conducting t}ie following busine$s1 l at the above location:_ Seiferts Women's Apparel ,I and: WHEREAS, in order to facilitate access to and from said business and, to pro - I vide for the expeditious loading and unloading of merchandise and Wares;, and WHEREAS, the City of Iaoa City, Iowa, is responsible for the care, $upervi- .� sion, and control of public grounds, streets and sidewalks. NOW, THEREFORE, be it stated that the City of Iowa City hereby grants permission to construct and maintain a sidewalk chute subject: to the following 00 tions; 1. The undersigned agree to construct and mii.ntain a sidewalk Ghutq'; located at See Attnchmt„Jnt "A" !) 2. Said construction be under the direction of the City Engineer. This direction shall consist of an occasional inspection of the ,work inbut progress, shall not relieve or rebase the undersigned of its responsibility that the cute �! be constructed pursuant to all applicable laws. '`, I I 3. This permit shall be valid until r,.evogation by the;l�`ity., 9. The undersigned agrees to relocate or remove said chutd�at own post and 1 i; expense upon written notice by the City of Iowa City. Said relocation or xeroval. shall be ac lished within thirty �! cep rty (30) clays of the date of .written notification. -2- N '1he undersigned further agrees - ' grew to replace and recvnstuct the sid=- said relocation or recoual at cxan cyst and '`� �n 5• The undersigned e''�se. ,the Ci hereby agrees to ind City of Iowa Ci en°v fY, defend; and save ha ti', its agents, offi ess all claims, suets, yrs, and enployeps, from dar�rages, costs, losses and � and ag� t from, arising out of Or connected u� /ariy mann connected with the er resu ting, reroval of co said chuteinclurlin i ° v ruse, ma$jl g losses resulting f tenanc01F arzd leakage, injury to pro but not limi ed to! Property and Persons. i This Pe muission shall coire ii the undo into full force effect upon the f` executed undersigned, in the office of the City Cldi-k, a liabii ��� �� y a �9r1y authorized to �j insurance ?�jlicy; in a form approved by the CiManager.do ins e `ice business., i4 the State of I, City wa be as follows: �i� lin i;s of suchPolicy Poli To rover the insured'slability for personal injuxy or death in the arrouuit of; five hundr dollars and for pro ed thousand (�S�p0,000j 1'91 damairount age in the i! I thousand of u �I ($1�0,000) dollars. Each policy shall contain, the follor' pug endorsenent: It is expressly understood and agreed that this Policy shall insure a losses and 9ai.nst all claim, 5uit�, damages, Co., , e 'rises resulting in zuiy Ilan* from, sinsr out of or connected with the construction, use, mains' ance, and renoval .of a sidewalk dhi�te located a. See Attachment and used in Conjunction with the insured's1 "It ds further urther understood j' and agreed that before tho� insurance policy to which this endorsement is May be suspended or cancelled th e City attached' of Iowa City" Ic7�Mf I � :. -3- • will be given thirty (30) days prior written notice e;" such proposed suspension or cancellation. It is•furtti/r understood and agreed that the obligation of this policy shall not be affected by any act or omission of t46' naNed insured, or any errplcyee or agent of the 9kred insured, with respect to any condition or regyirenent attached thereto, nor by any default of the insured in pay;mnt of the premium, nor in the giving/ f any notice required by said policy, or otherwise, r r by the deadly insolvency, bankruptcy, legal incapacity, or inability of the insured." i The failure of the undersigned to maint4in such a policy in full force and effect shall be grounds for revocation 6f permission by the City of Iowa City, Iowa, as provided above. Dated this 23rd day of No ember 1976 Owner/Tenant ATTEST: ATCESP: _ r1AYOR { CITY CLERK L RECIOED 1: AP?30F M BX Mi Lf,*G, T+ DEPARTB.`ENT v Attachment "A" Beginning at the NW corner of Lot 4, Block 80, Original Town of Iowa City, thence east 110 feet, thence south 20 feet, thence east 40 feet, thence south 20 feet, thence west 150 feet, thence north 40 feet to the point of beginning in Johnson County, Iowa, commonly known as 10 South Clinton Avenue. RESOLUTION NO. 76-4,20 RESOLUTION AMENDING AN AGREEMENT' FiL'IStIMSi THE CITY OF I01%% CITY AND THE IOWA CITY POLICE;', PATpOIMIS ASSOCIA; TION AS ADOPTED BY RESOLUTION NO, 76-40. WHEREAS, the City of Iowa City and the Iani City Police Patrplmen',s I, Association entered into an agreement on Februaxy 16, 1976, and WHEREAS, both parties desire the folly ing,amendment to thaIbInt. Sre NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY aE IOS�S IrIPY, IOWA, that: 4 1. Section 7, Article X is amended to, read as follows: Section 7 Accumulated Overtime. Overtime accumulation for time dff shall not exceed forty (40) hours in any one fiscal. yearand any excess shall be paid. No overtime shalli be. carried over from one fiscal year to another and ariy overtime accumulated at the end of a.fiscal year shall be the subject of payment by the City. 2. Section 3, Article XI is amended to read as follows: Officers on a continuous; shift shall receive eighty eight (88) hours Of .holiday credit on July 1 annually. If such officer works on a holiday, four (4) hours of holiday credit will be given during the pay peiod in which the holiday occurs. 3. Section 4, Article XI is amended to read as follows; I Any officer employed after July 1 of any calendar year will receive credit for the remaining holiday dates in the ygar. If an officer separates after July 1 of any year those holidays which have been credited but which have not as yet occurred will be deducted for the purpose of considering separation pay. I 4• Section 1, Article XXX is amended to read as follows.- Section ollows:Section 1. Comienci.ng July 4 1976, the City shall pay officers pursuant to the following scha�ulo: Be�Jinni-ng $ 8.75 per month After 18 months service $1,050 per month After 36 months service $1,155 per month After 54 months service $'1,240 per month Res. :-70. 76-420 • that It was imved by Balmer the Resolution as read ado add seconded liy AYES: w?on roll NAYS: ABSENT: call x Balmer _ x r deP osse Foster Neuhzusgr Perret Selzer t-�3n veve1:a Passed and apProed this 2_3rd day of AT'PEST:—z2 C1 Cler 19 76 • Ad.111IN2'& REAL ESTATE; CONTRACT $170.� THIS AGREEMENT dated this �7 j, da and between the City of Iowa. City, Iowa inafter someti -"--� y Of November, 1976, b mes referred to as Seller, a municipal corporation an Iowa corporation, hereinafter . here - and Johnson CountYRealty co some referred to as :Buyer; WITNE SSE'I H: WIlEREAS, the City of Iowa of the central business district of Iowa City is engaged in the redevelopment urban renewal project in Of therewith it Project I, Urban Renewal Project Y and is further engaged in an No. loR designated as "City_tniversit�tij Iowa Ft -14 and WHEREAS, in order to furtherin the Purchase certain the redevelopment of the central Property m the central to Buyer and Buyer desires to al business district of I01,va City, NOW, THEREFORE contained herein and the In consideration of the and convey and the Performance thereof, mutual agreements located in jolnu on agrees to 'the Seller agree to sell Count Purchase the followin ,• Y, Iowa, to -wit: g described real Lots 2, 3, and 4 in Block 10:t, Original Town of Iowa LottTwo Iowa except the north fort f40) eet feet of (2) and the south SeventyY (0) Lot Four (4), further described (?0) menci�ig at a point on the east line o • Original co Town of i Block 101, south of the Iowa City, Iowa, which is 120 feet south 189, 85 northeast corner of Block 101 thence y 1 along the east line thence. j westerly 15q. 79 feet; thence northerly 101, feet along the east line of the alley; thence 150. 91 feet to the 189, 8g Place of be easterly all upon the ginning, following terms and conditions: shall 1 PURCHASE PRICE AND TERMS Pay One HundredNinet Ol' PA I Dollars ($195, 222, pp Ninety -Five Thous PAYMENT. The Buyer at the ) to the Cit and 3'wo Hundred Twent time of closing. Y as the purchase Y-_ ]w price for said property _ 1Z 0 • -a- 2. TIME OF CLOSING. The closing date and possession date Shall be on or before the 15th day of December, 1976, 3, TAXES. Seller agrez.s to pay all taxes against the property levied for all periods prior to the date of closing and Buyer shall pay all subsequenttaxes, 4, SPECIAL ASSESSMENTS, Seller shall pay any special assessments levied against this property which are a lien as of the date Of closing and Buyer shall pay all subsequent special assessments, 5, EXCEPTIONS TO WARRANTIES OF TITLE. The warranties title in the Gleed made pursuant to this contract shall be without .reser, vations or qualifications, except that title shall be conveyed subject to the following: a, The Iowa City Zoning Ordinance, b, The terms and provisions of this real estate contract, ovenant not to iscr inate creed, color, Gnat onal o ig ndor sex in thesale,lease Upon the is of race, or in the use or occupancy of the property, or rental 6. DEED .AND ABSTRACT. Upon full payment by the Buyer of the and deliver to Buyer a warranty deed conveying the real estate he amount to be paid by it under this agreement, the Seller agrees to described herein to the Buyer, free and clear, of all liens and encum- brances except as otherwise expressly agreed to herein, The Seller agrees to provide to Buyer one or more abstracts of title to said. real estate a reasonable time prior to closing showing merchantable title in it in accordance with the Iowa Title Standards and in conformity with the provisions of this contract. The abstract of title shall be continued at Seller's expense to and including the date of this agreement, 7, ASSIGNMENT. Due to the special nature of this contract and the public purposes being served thereby this contract may not be assigned by either party, 8. CONSTRUCTION OF IMPROVEMENTS ON THE PROPERTY As a specific inducement to Seller to sell the property covered by this contract, Buyer agrees to cause the construction of a drive-in baril; -3 - facility on the approved b e Property, the plans grid specifications for y the City prior to con in, agrees to construct a dr• menceanent of construction Must be on or before August 1, ive-in bank facilityI' terms of 1977, and to use . construction, Pacifica]! y this contract, the propert action to begin; restrictions contained but Buyer shall n Y according to the in the urban renewal otherwise be bound by, plan. S the uso! ;,, `d• RECONVEYANCE able, for any reason OF PROPERTY, called for ' t° construct the im In the event.B xn this agreement the Buyer a provements on t oyer is not to reconvey the Property}�y'prOPerEy to concurrently described agrees, at the requee,t of refund the herein to the Seller the Seller;1 agrees to reconve Property price Buyer. the Sealer a liens and Y said p paid by Bu Buyer further �� {�s encumbrances, Y under this paragraph free and clear of al;l;i 10. AVAILABILITY tthepublic rigat there ht available in thOe Public l right of S. way Seller represents to B❑ j the made of Y of Court Street 3 °f Clinton Street � Yefi shall be re evsailable to the Buyer u sewer and and in non the water pipelines which will availability Buyer for infor.min usual terms and cond` ' Y of facilities in g itself concern, xtxons, Buyyr, sentations with the Block 101 alley g the condition and the construction aspect the and Y and Seller makers no of any additional assumes no obligations repre- utility facilities, with respect to 11, SURFACING ANp construct and maintain the MAINrpENANCE public right of way, south 260 feet of the al ey. in B, The City shall convey said Ofy, Provided, however, that y in Block 1,0 thereafter alley t0 Buyer and other 1.he City shall 1 as a be free of an adJoining have have_ a right to to accept an y obligation to maintain said y Owners.' commitments such conveyance if alle and shall herein to mads by the Cit Y Boxer agrees date of this contract andmhe City the alley y The City makes no alley Y after twenty years from the, Y as needed, The Cit Y reserves theright Y shall not be responsible to alter or novas the for snow removal, ' JOFINSOI' COUNTY REALT-k_ Co. B y, - W W. Summerwill, resident By; Ben .E, Summerwill SeQtvetary i -4- 16 CITY OF IOWA CITY, IOWA M Mayor Attest: City Clerk STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this day of November, 1976, before me, the undersigned, a Notary Public in and for said County and State, personally appeared, W. W. Summerwill and Ben E. Summerwill, to me personally known, who, being by me duly sworn, did say that they are the President and Secretary, respectively, of said corporation; that (no seal has been, procured by the said)(the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporatAo n by authority of its Board of Directors; and that the said W. W. Summerwill and Ben E. Summerwill as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for said County and State. i RESOLUTION NO. 76_421 RESOLUTION AUTHORIZING THE EXECUTION OF A REAL EST CONTRACT BETWEEN THE CITY OF IOWA CITY AND „qTE JOHNSON COUNTY REALTY CO. AND AUTHORIZING THE EXECUTION OF A Ri1RRANTY DEED WHEREAS, the City of Iowa City is engaged in the redevelopment of the centrii;� business district of Iowa City; and, WHEREAS, in order to further this redevelopment it is desir redevelopment certain real property owned by able to sell for the City, to wit: The south 185.85 feet of the north 309.85 feet of block 101, original town; a parcel containing the south 1/2 of lot 2, all o:[ lot 3� and the north 69.85 feet of lot 4, all in block 101, origin,C City, Iowa, according to the recorded plat thereof. town„ Iowa Total Area: 28,477-5 square feet i4HEREAS, the City Council of the Cit of adopt Resolution No. 76-340, RESOLUTION PROPOSING TO SELL II City Iot,•a City did, on September 21, 197Ei holding a public hearing thereon; REAL PROPERTY ''I After NOW, THEREFORE, BE IT RESOLVED BY TILE CITY COUNCIL OF THE CST' that the Mayor and City Clerk are hereby authorized to execute the REAL ESTATE CONF2AG1 between the City of Iowa City and Johnson County Rqalty Co,, a co JI OF IOW�L CITY, 1 attached and made apart; hereof; and, pN of which is BE IT FURTHER RESOLVED, that the Mayor and City Clerk are hereby authorized 'to execute a warranty deed conveying said reap property to Johnson'ount y Realty Cgi7 It was moved by Foster that the Resolution as read be adopted anti upon4iroll ocall there tvnded by Sepzer AYES: NAYS: i X ABSENT: j Balmer X —x-- deProsse Foster x— Neuhauser Perret Selzer Vevera Passed and approved this 2 ----.day 23rd of November 1976. ATTEST: City Clerk � L E'1 Jt'' ILEGS1 2nii';ii.1lT i 23/76 REAL ES'T'ATE CONTRACT THIS AGREEMENT dated this a 3Ae(1 day of November, 1976, by and between the City of Iowa City, Iowa, a municipal corporation, here- inafter sometimes referred to as Seller, and Johnson County, Realty, Co., an Iowa corporation, hereinafter sometimes .referred to as Buyer: WITNESSETH: WHEREAS, the City of Iowa City is engaged in the red'evelopj�nent of the central business district of Iowa City and is further engaged, hi an. urban renewal project in connection therewith designated as "City-UniversiTj,� Project I, Urban Renewal Project No. Iowa R-14", and, WHEREAS, in order to further the redevelopment of the central, business district the City desires to sell to Buyer and Buyer desires to purchase certain property in the central business district of Iowa City, NOW, THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Seller agrees to dell. and convey and the Buyer agrees to purchase the following described real estate located in Johnson County, Iowa, to -wit: Lots 2, 3, and 4 in Block 101, Original Town of Iowa City, Iowa, except the north forty (40)'. feet of Lot Two (2) and the south seventy (70) / feet of Lot Four (4), further described as corn- mencing at a point on the east line. of Block 10,1, Original Town of Iowa City, Iowa, which is 120 feet south of the northeast corner of Block 101, thence south 189. 85 feet along the• east line of Block ;101, thence westerly 150. 79 feet; thence northerly 189.88 feet along the east line of the alley; thence easterly 150. 91 feet to the place of beginning, all upon the following terms and conditions: 1. PURCHASE PRICE AND TERMS OF PAYMENT. The Buyer shall pay One Hundred Ninety -Five Thousand Two Hundred T%yenty-T�VO Dollars ($195, 222. 00) to the City as the purchase price for said property at the time of closing. • - 2 - shall bet, TIME OF on or before the 015 h da The closing date and y of December, 1976. possession, date 3' TAXES- Seller agrees to Pay levied for all periods prior to the date of losiing against the ,1I subsequenttaxes, Properi� g and Buyer shall pay?,� 4• SPECIAL ASSESSMENTS, Seller assessments levied against this propertywhich are a lien as of closin pay any special g and Buyer shall pay all subsequent special as of the daNe� P sessmerits, 5• MXEPTIONS TO WARRANTIES OF TITLE, Of title in the deed made thevato ll or following: qualifications, except that title shall be conveyed subject toThe ie;'s pursuant to this contract shall be }vf;?bout resGrl- the following; a• The Iowa City Zoning Ordinance, b• The terms and provisions of this real estate contract;, c. A covenant not to discriminate upon thie basis, of race! creed � color, national origin or sex in the sale, lease ji or in the use or occupancy of the property, o �, rental 6. DEED AND ABSTRACT. U the amount to be paid by it under this a reeon ull payment b execute and deliver to Bu era g Ment, the Seller ha reel of described heein to the u warranty deed conveying fl4e r des to brances except as otherwise eep free and clear of all liens ,and n1 um_ e agrees to provide to Buyer one expressly eaeed to herein, estate a reasonable time prior, to closing shoran The Seller abstracts of title .Eo said in accordance with the Iowa :Citle Standards and in conform'it real g mercharitabte title iri, it! provisions of this contract. The abstract of title shall be Sellers expense to and including the date of' this agreement. Y inu the ontinued at 7, ASSIGNMENT, Due to the special nature of this: contr. the public purposes being served thereby this contract may not r ct a by either party, a,ct and gne4 8. CONSTRUCTION OF IMPROVEMENTS ON THE As a specific inducement to Seller to sell the r contract, Buyer a 'RQPERTX. agrees to cause the constructiionpof a drivesin bank is -3- i facility .on the property, the plans and specifications. for which must be, approved by the City prior to commencement of construction. 'Specifically Buyer agrees to construct a drive-in bank facility, constructioto egi n bn on or before August 1, 1977, and to use the property accord%ng to the terms ;{ of this contract, but Buyer shall not otherwise be bound by the use restric8l contained in the urban renewal nlan. reason,tru Bto consuctN.CE OF PROPERTY. In the eventthe improvements on the propertyycalledhforainethisr ani agreement the Buyer agrees, at the request of the Seller, to, reconvey the property described herein to the Seller and the Seller agrees to concurrently refund the undehaser price paid by Buyer. Buyer further agree; to rec4nvey sa property under this paragraph free and clear of all liens and encumbrances. 10. AVAILABILITY OF UTILITIES. The Seller represents to Buyer that there are available in the public right of way of Clinton Street and in the '1 public right of way of Court Street sewer and water pipelines which will be. made available to the Buyer upon -the usual terms and conditions. Buyer sh4l1:1 be responsible for informing itself concerning the condition,and availability of facilities in the Block 101 alley and Seller makes no representations with, respect thereto and assumes no obligations with respect to the; construction of any additional utility facilities. 11. SURFACING AND MAINTENANCE OF ALLEY. The City shall construct and i'' maintain the south 260 feet of the alley in Block 101 as a public right of way provided, however, that the City shall not be 3esponsible to provide services beyond those services providei. d to similar alleys elsewhere in the CitThe City shall have the right to convey said alley to Buyer and gt}ter adjoining property owners without cost to the grantees, and the City shall, thereafter i. be free of any obligation to maintain said alley. Buyer agrOies to accept any such conveyance if made by the City. In the event the City does convey, the alley to the adjoining property owners, the entire alley ;shall be subject to a perpetual easement for the Buyer, its assigns and grantees"for in and egress for the Buyer, its customers and invitees. JOHNSON COUNTY REALTY CO, 11 Bye--�.;_-=a-....w►"+_'�i.Gv=.�.CI't:K►'C •' � �� Summerwill,Presi ,enter' Ben E. Summerwill, Secreta � ,ii - 4 - CITY OF IOWA CITY, IOWA �! t Mayor r' Attest:/Tt.CA�—+D•�.`''l City C STATE OF IOWA SS: JOHNSON COUNTY ) �� VM , 1976, before me, the undersigned, On this — e day of �' personally appeared a Notary Public in and for said Count and State, p Y PF W. W. Summerwill and Ben E. Summerwill, to me personally lm own, -who, being by me duly sworn, did say that they are the President an ! $ems c eta y' respectively, of said corporation, that(ne-sea )(the seal affixed thereto is the seal of said) corporation; that; said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said W. W: Suzszizzerwill and Ben E. Summerwill as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and -by them voluntarily executed. `°si`''r LUELUI J��j j4 f T .`.iald 'I MY CO:n.'11SSIeN�ee.�x I 1� ary .Public in n fo ^; September 30. 1977ta County and State. AGREEMENTS/CONTRACTS: i, Attached are �^ unexecuted copies of as signed by the Mayor. is After their execution by the second party, please route 3)- �l�rcX'iF,.<./� is to be responsible for completion of this procedure. Abbie Stolfus City Clerk L RESOLUTION NO. 76,422 RESOLUTION AUTHORIZING THE EXECUTION OF AN AMENDMENT.` TO A CONTRACT BETWEEN THE CITY OF IOWA CITY AND ZUCHELLI, HUNTER AND ASSOCIATES, INC. WHEREAS, the City of Iowa City did on September 7, 1976, eater into A Contgiict, for Technical Services for the City -University and, Urban Renewal Project I (Iowa R -]lid); WHEREAS, it is now necessary to amend said contract; NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF I(DifCI hereby approved; and TY that THE AMENDMENT FOR THE CONTRACT FOR TECHNICAL SERVICES FOR TIS CITY -UNIVERSITY URBAN RENEWAL PROJECT I (Iowa R -i4), attached hereto and made a pact'hereof is BE IT FURTHER RESOLVED that the Mayor and City Clerk are hereby authorized to execute said amendment. It was moved by Foster as read be adopted andauponerolle d by that the Resolution call theeeWe esse AYES: NAYS: ABSENT: x x Balmer X deProsse X Foster X Neuhauser x Perrot X Selzer Vevera Passed and apprnved this 23rd _ day of Novem e ^ 1976. player I' d /7 ATTEST: City Clerk TSC",,,,:"! : ,".�•i::0',��D MY Q ))!T• iT.=11 tl w•T ;2;0 9 0 AMENDMENT TO THE CONTRACT FOR TECHNICAL SERVICES BETWEEN THE CITY OF IOWA CITY AND ZUCHELLI, HUNTER AND ASSOCIATES, INC. WITNESSETH THAT: IVHEREAS, the City of Iowa City, Iowa, and Zuchelli, Hunter and Associates, Inc.; of Baltimore, Maryland, did enter into a Contract for Technical Services tot the City -University Urban Renewal Project I (Iowa R-14); and I'MEREAS, it is now necessary to amend this contract; NOW, THEREFORE, The City of Iowa. City and Zuchelli, Hunter and Associates, Inc,. do hereby agree as follows; i Section 5 of the Contract for Technical Services for the City -University Urban Renewal Project I (Iowa R-14) is hereby amended by adding thereto a new section D, which shall read as follows: D. Of the total compensation set forth, in Section 5, C above, the first $11,542.22 paid to the Consultant shall be paid from the accounts administered by the City under The Contract for Loan apd Capital Grant between the City of Iowa City and the United States. of America, dated September 2, 1970, for Project No. Iowa R-14. All payments thereafter made under the terms of this cantvact shall, be paid from funds received pursuant to the Housing and Commtiiizi.ty Development Act of 1974, and allocated for continuatiop of the Urban Renewal Project in the Community Development Blgck Grant Budget, Project No. B -76 -HN -19-0005. Nothing contained in this amendment shall alter the scope of services,or the total compensation called for in this contract. Dated this 3 /r.A day of November, 1976. A'TTES�: V ATTEST CITY OF IOWA CITY (Payor 16_1 at AGREEMENTS/CONTRACTS Attached are unexecuted copies of lJ as signed by the Mayor. After their execution by the second party%,l please oute 1) l-1vtzz r6 v 2) 6e� — I)P12 ( (yam 1/� ',� 3) sC-6, 4) �Q� - L I . k4 i //VL lLLi /�rAhce'C is to be responsible :Eor completion of this procedure. Abbie Stolfus City Clerk • RFSOLUPIQN NO. 76-423 0 RESOLUTION OF INIW T10•EDMRM :PATE LAM RELATING 10 CITY CONrRM OF SUBDIVISIGNPLAT:i WC91D11 7W MILES OJ? CITY LIKft, AND nnMa To A11M NO ZJta7� SE1r1ER CCNNF =ONS OUTSIDE CITY LI.1MIM WHEREAS, the Council has the authority under State: law to approve the, plats of subdivisions located within two miles of the City! limits, and I%MR AS, the Council desires to establish the Policy that no further ccnnec- tions to the municipal selves system shall. be allowed, outside the City limits, that: , THEFMORE, BE IT RESOLVED BY THE CQUNCII, OF THE CITY OF IQ{��1 GITS'a Imo, 1. It is the intent of the Council to enforce State laws allawiri the Council,i� to approve subdivision plats within two miles of the City limits, 2. That it is the intent of the Council to allow no further sever aarmectioz outside City limits, It was moved by deProsse and seconded that the Resolution as react be adopted and upon rollby Foster , call. ��.thewer AYES: NAYS: a l ABSRTr: x Balmer x deProsse x Foster x Neuhauser x Perret _ Selzer Vever3 Passed and approved this 23rd day of I'Tovember _,r Nil j ATT asr: Tr_: L ; i I jl. i 11 jk ; I � gal ����j { ,, ' l• I ''ii IP{+ 7 I Y 7 �f {l 1: 9 ; L ; i I jl. � gal ����j ,, ' l• '����f.o i IP{+ 7 7