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Home My WebLink About1979-04-10 ResolutionRESOLUTION NO. 79-149 RESOLUTION SETTING PUBLIC HEARING ON PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF SERVICE BUILDING SANITARY SEWER EXTENSION. 1979 DIRECTING CITY CLERK TO PUBLISH NOTICE OF SAID HEARING, AND DIRECT- ING CITY ENGINEER TO PLACE SAID PLANS, ETC., ON FILE FOR PUBLIC INSPECTION. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That a public hearing on the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project is to be held on the LSY.day of�yr, 1979 , at 7:30 P.M. in the Council Chambers, Civic CenteIowa City, Iowa. 2. That the City Clerk is hereby authorized and directed to publish notice of the public hearing for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in the city, not less than four (4) nor more than twenty (20) days before said hearing. i 3. That the plans, specifications, form of contract, and estimate of cost for the construction of the above-named project are hereby ordered placed on file by the City Engineer in the office of the City Clerk for public inspection. It was moved by Perret and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x BALMER x dePROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA Passed and approved this 10th day of April 1979 Waw Mayor ATTEST: �_2ZGc City Clerk notoiv^ { P: A.Pp:ry a By The legal Department MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10INES The attached Resolution Naming Depositories replaces the resolution which i ce ted enclosing blank n our 0 Weforms foriyourause in t e uture� y �q MAURICE E. BARINGER Treasurer of State 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES RGso1.VrioN NAMING DnPOSI'l-oR1E5 79-150 � RESOLUTION N0. Iowa Official Perm No. 697 Section 413.2 "t rill Cndc BE 11• IiL:S01.VED by tile . . _ i.. -. -_ _....-City Council. _of hbuerl Imre buaa ul $up.rvlso,f. IOW thio Ip Ilusl.es. b"4ra of $clmul almclon, clty eommll, tar nib", %&.- thr9 body) qty of Iowa_ City_ in Johnson_ Insert her. county. township, 5,11001 dilifici, city, m ulnen polltlul fuhtllvltlnnl - t•tNtilj', Iowan That Wc' d0 hereby designate the following naused banks to be depositories of du ____.C] fty-of - jowa_Cl,ty (Imorl hero county, luwnshlp, $Client tllstrlct, aty, or other -political hmahnslon) funds in amounts not to exceed [he amount named opposite each of said designated depositories and the _.—_ _, _ _ C.lty__Treasurer _ _ is bereby authorized In deposit (Iniad hula county tr easureq townsh 1p clerk, school district Imasuroq city Irnasurer. or othar 1.941 ellstoolan) ale_ .City o_f_ Iowa. Cir funds ill anuautts not to exceed in the aggregate the (Insert hen County, township, school district, City, or other ppnllcal subdivision) - amounts named for said banks as follows, to -wit: NA61E OP DEPOSITORY LOCATION Urp.sit 1lwsiuusm UCP"sit LOCATION in ,(leu under prior under this resuhuian lcsulutinn .. _Eirst._Nat.ionaLBank— 204_E.__Ilashin ton 9 s _4,000,000.___) ,._6,000,000____ .Hawkgya_.State_Bank__229._S-_Dubuque__ (s 4.,000.,000____.) s._6,000.000_— .Inwa_Ttate3ank_&_1rus_t.—_—__ _102-S—Cliatou_ (s _AAoO_,DDD--) s _6.000.,000—.__ i is S The amount authorized by thisraejs� __— Is --) s tion re tre�etiy aWriaied.o - L A I BART R --- Tnaww of u (_-------) S S is---------) S Is _______.__..) s—.. is._____ --- __.____) s_._._—_ The vote ml the resolution is as fellows: Moved by Perret, seconded by deProsse, that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: _Balmer Veyera__ ___ none _- deProsse —_ Absent: Neuhauser APR 2 0 1979 Perret Roberts_,. __ L____ - — CITY CLERK - MAYOR Dated al 10th April 79 - .. dans.'-. u.—. SEAT. —� (S.cre la IY. Clerk or Cnun1Y Audlloq NOTE: TLC fnrrgning lcsulutinn should he n'nifird io dtpliram m (Lc'IYr:nmrr ..f Srwv, .iDrr :q,Pnrvrd by ilia, his findil`I he rudonrd un tine copy, which will he returned in like png,cl officer for his ftles. Section 453.1 UrImsits fn,georbd. All funds jowl eouuni,%oon; rut :e sch"nl narpmaiou. by .cerin.. 524,113. held in the hands of the following urrn.e" tar the Loud til' zrLnnl ditrnnn; piiridrd, how Simon 153j/nrrrdn' nnklifiurmll)' pro. institutions stall Lr deposited in LanAs as an• rvrt, That Ihr urwstuer of stat, and if,.. Ino- 6fbifrd. Thr masinu in anuunt so prnnh p•d m first approved b, the appropthle gnvculing aur, of rad. joist ir.rl alLJivitinu dull invrel Lr drpositrd in a nanmd haul shall nut to iro body as indieasee�: per Ihr ueamn•r pf uair•, w1I hoods ..tit nrcded (ur cunrul .prtaung rs tree WJ evsrpt Willi the applovd if du• lu•tr 6y the rsreuuve council; for ILr many ora soils ill time crrtlricalrs of deptiot in bail., ohm of stale. surerclerk'Ifrecorder, districticoullt, ,And judicidpn ugis d Hoed inerst,, ill invrolucnls prnnit"" L 9 •w solo ,hr Sdnty nnfS all schnul tsrasnrrrs, cite •til e (talc, Ly the board "f supervisors; (or the Gil 152.10. The list of Public drPnsitctrirs awl Ihr ao, Is, nr ntho ALlaneial "!rice" d"iami'd by treasurer, by the city council; for till county anoun" severally deposited (hrmiu shill bra the oily council, and low ... hip dads of the Gublic ho,pi(d or nlrrged arra hotpital, by Ihr tai llrr n( public ircerl. Thr tt , "I�.nl" cvnsnr Ir, uard of hospital tnnlee%; for w hWumlil I,us means a h:mV. m a private ha h.t ill aur, a fiat r (Lou h oil Alr W -hit List Tinnily CV 14+•697 nO/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES Mo111ES r-, kESOLUTION NAMING DEPOSITORIES RESOLUTION N0. 79-150 Iowa Official Form No. 697 Section 453.2 of the Code BE IT RESOLVED by the - City Council of (Insert hare board or supervisors, township trustees, board or school directors, city council, or other governing body) City of Iowa City in Johnson County, Iowa: That we do hereby designate (Insert here county, township, school district, city, or other political subdivision) the following named banks to be depositories of the City of Inwa—CL (Insert here county, township, school d strict, city, or other political subdivision) funds in amounts not to exceed the amount named opposite each of said designated depositories and the City Treasurer is hereby authorized to deposit (Insert hare county treasurer, township clerk, school tllstrlct treasurer, city treasurer, or other legal ce stodlan) the r.; ty Of IOWa,y funds in amounts not to exceed in the aggregate the (Insert here county, township, school tllstrlct, city, or other political subdivision) amounts named for said banks as follows, to -wit: Maximum Deposit Maximum Deposit NAME OF DEPOSITORY LOCATION in effect under prior under this resolution resolution First National Rank 9(14 F. Washington Is 4,000,000 I s __E.= n00 Haw�kye State Rank 22c) S. OlhtgCie_ (s _4,000,000 I g—fl000 000 1111 a.. W1 in WM l.e.......... 11YARVEHM, .r IIs sss sss sss (s ) s IS ) $ The vote on the resolution is as follows: Moved by Perret, seconded by deProsse, that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer Vevera none deProsse Erdahl Perret Absent: Neuhauser Roberts CITY CLERK MAYOR ^rtiy ,rr JfI Dated at _Iowa—City , Iowa, this loth day of April _'1979 SEAL (secralary, Clark or County Auditor) NOTE: The foregoing resolution should be certified In duplicate to the Treasurer of State, after approved by him, his findings will be endorsed on one copy, which will be returned to the proper officer for his files. Section 453.1 Deposits Inge held in the hands of the (alloy institutions shall be deposited i fust approved by the We body as Indicated: For the tre by the executive council; for tl Surer, recorder, auditor, sheriff, clerk of the district court, and trate, by the board of supervise treasurer, by the city council; public hospital or merged area h board of hospital trustees; for a CP.C45647 9[76 ml. All funds pita) commission; for a school corporation, by (s i s (s ( s IS I s (s ) s (s I s (s ( s (s ) s IS ) $ The vote on the resolution is as follows: Moved by Perret, seconded by deProsse, that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: Balmer Vevera none deProsse Erdahl Perret Absent: Neuhauser Roberts CITY CLERK MAYOR ^rtiy ,rr JfI Dated at _Iowa—City , Iowa, this loth day of April _'1979 SEAL (secralary, Clark or County Auditor) NOTE: The foregoing resolution should be certified In duplicate to the Treasurer of State, after approved by him, his findings will be endorsed on one copy, which will be returned to the proper officer for his files. Section 453.1 Deposits Inge held in the hands of the (alloy institutions shall be deposited i fust approved by the We body as Indicated: For the tre by the executive council; for tl Surer, recorder, auditor, sheriff, clerk of the district court, and trate, by the board of supervise treasurer, by the city council; public hospital or merged area h board of hospital trustees; for a CP.C45647 9[76 ml. All funds pita) commission; for a school corporation, by g officers or the board of school directors; provided, how. banks as are ever, that the treasurer of state and the trca. ;e governing surer of each political subdivision shall Invest rer of state, all funds not needed for current operating ex. county trea. penses in time certificates of deposit In banks vnship clerk, listed as approved depositories pursuant to this dieial magis. chapter or in investments permitted by section for the city 452.10. The list of public depositories and the the county amounts severally deposited therein shall be a pita], by the matter of public record. The term "bank" armorial hos- means a bank or a private batik, as defined in MICROFILMED BY JORM MICROLAB CEDAR RAPIDS - DES MOIRES section 524.103. Sccriou 453.3 Increase conditionally pro. hibited, The maximum amount sopcnniucd to be deposited In a named bank shall not be in. creased except with the approval of the trea- surer of state. Section 454,6 Duty of treasurers. It shall be the duty of all school treasurers, city trea. surer, or other financial officers designated by the city council, and township clerks of the county to keep on file with the county trea. surer a list of such depositories. 7'o i 1 • • CIVIC CENTER 4 1E WASHIPIG7014 ST. K IOWA 1935OWA:2N0 TT "[YI lD.. UU f�Y Apri 1 12, 1979 Waurice Barringer, Treasurer of the State of lawn Des Moines, Iowa 50319 Dear Mr. Barringer: Attached please find Resolution 79-150, Resolution Naming Depositories, certified in duplicate, adopted by the Iowa City Council at their meeting on April 10, 1979, as directed by Section 453 of the Code of Iowa. Yours very truly, Abbic Stolfus, GE City Clerk cc/Fleaton, Treas. -767 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES RESOLUTION NO. 79-151 RESOLUTION APPROVING PRELIMINARY AND FINAL LARGE SCALE NON-RESIDENTIAL DEVELOPMENT FOR AMERICAN COLLEGE TESTING PROCESSING FACILITY WHEREAS, the owner, American College Testing Prog., Inc., has filed with the City Clerk of Iowa City, Iowa, an application for approval for a large scale non-residential development for the following described premises located in Iowa City, Johnson County, Iowa, to -wit: Commencing as a point of reference at the Southeast corner of Section 35, Township 80 North, Range 6 West of the 5th Principal Meridian, Iowa City, Johnson County, Iowa; thence North 020 21' 25" West 64.91 feet to a point of intersection with the Southerly right-of-way line of Interstate Highway k80; thence North 640 58' 00" West 240.85 feet along the Southerly right-of-way line of said highway to a point (this is an assumed bearing for purposes of this description only); thence North 720 10' 19" West 103.22 feet along the Southerly right-of-way line of said highway to point of beginning of tract herein described; thence South 330 26' 23" West 442.45 feet to a point; thence West 130.87 feet along a line parallel with and measured 172.98 feet perpendicularly from the Southerly line of the Southeast Quarter of said Section 35 to a point; thence South 330 26' 23" West 305.49 feet to a point; thence Westerly 272.43 feet along a 480.32 foot radius curve co8cave Southerly (chord length 272.43 feet, chord bearing North 87 03' 37" West) to a point; thence West to a point of intersection with the Westerly line i of the Northeast Quarter of the Northeast Quarter of Section 2, Township 79 North, Range 6 West of the 5th Principal Meridian; i thence Northerly along said Westerly line of the Northeast Quarter of the Northeast Quarter of Section 2 to a point of intersection with the Southerly line of said Southeast Quarter of Section 35; thence Westerly along said Southerly line of the Southeast Quarter of Section 35 to a point of intersection with the Westerly line of said Southeast Quarter of the Southeast Quarter of Section 35; thence Northerly along said Westerly line of the Southeast Quarter of the Southeast Quarter of Section 35 to a point of intersection with said Southerly right-of-way line of Interstate Highway 80; RLce9vpd & ApprovnA By The Legal Dapartr.mnt MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110111ES Resolution No. 79-151 Page 2 thence Easterly along the Southerly right-of-way line of said highway to point of beginning, and containing 12 acres, more or less. WHEREAS, said property is owned by the above-named party and �o dedications are required; and, WHEREAS, the Department of Planning & Program Development and the Public Works Department have examined the proposed large scale non-residential development and have approved the same; and, WHEREAS, the said large scale non-residential development has been examined by the Planning and Zoning Commission and after due deliberation said Commission has recommended that it be accepted and approved. WHEREAS, said large scale non-residential development is found to conform with requirements of the City ordinances of the City of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA; 1. That the said plan filed stamped April 9, 1979, is hereby approved as a large scale non-residential development. 2. That the said large scale non-residential development shall conform with all the requirements of the City of Iowa City, Iowa, pertaining to large scale non-residential developments. 3. That the City Clerk of the City of Iowa City, Iowa, is hereby authorized and directed to certify a copy of this resolution to the Office of the County Recorder of Johnson County, Iowa, after final passage and approval as authorized by law. 4. That the occupancy permit for said LSNRD plan shall be contingent upon submittal and approval of a subdivision plat dedicating ACT Circle. Passed and approved this 10th day of April, 1979. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MDIDES Resolution No. 79-151 Page 3 AYES: NAYS: ABSENT: x x x x x x _ x ATTEST: 0,//,— CITY CLERK BALMER dePROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA MAYOR MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101RES RESOLUTION NO. 79-152 A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AMENDMENTS 1 AND 2 TO THE AGREEMENT WITH WEHNER, NOWYSZ, PATTSCHULL AND PFIFFNER, A PARTNERSHIP, TO PROVIDE ARCHITECTURAL SERVICES FOR THE ADAPTIVE REUSE OF THE OLD POST OFFICE TO SERVE AS A SENIOR CENTER FOR IOWA CITY,IOWA. WHEREAS, it is in the public interest to provide a Senior Center which will meet the recreational, cultural and educational needs of the elderly of Iowa City, and WHEREAS, the City of Iowa City has acquired the Old Post Office located at Washington and Linn Streets in Iowa City, and WHEREAS, the total amount of budgeted Community Development Block Grant funding for renovation has increased from $750,000 to $1,000,000, and WHEREAS, Title V and State Senior Center funding for furniture and equipment has been awarded to the City of Iowa City, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA that: The Mayor execute Amendment 1 to increase the total budget within which the architects must design the renovation of the Old Post Office for adaptive reuse as a Senior Center, and The Mayor execute Amendment 2 authorizing the additional interior design service required to furnish and equip the Center with $83,629 of State and Federal funds. It was moved by Perret 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 Erdahl x Neuhauser x Perret x Roberts x Vevera Passed and approved this 10th day of April 1979 ATTEST: obert Vevera, Mayor RiCBIiED 6 '-'' b ie Stolfus, City er HY !B! LIDGAL DSi�.•e6:;,LNT 7?/1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOInES AMI Nufrl N I n 1 Atli Will I NI 10 ',t RVH I'� A(d+l I r•B NI OI MAY 16, 19/0 BI IWIIN 1 11 LIIY 01 IOWA CIIY AND WIIIli IIf, NOWYS/, PAIISCIful F. IT IIINER IOR HIL SLNIOR CINILR PROJECI Ibis alrr,uu•nl, made and entered this day ofq 1979 by and between Lhe City of Iowa CiLy, herein after referred to as Lhe Ci Ly, and the firm of Wehner, Nowysz, PattschulI & Pfiffner, Architects, herein after referred to as the Architect, is an .rme.ndment Lo the agreement for' the lowa City Senior Center Project., LhiS dou;:uent amends portions of Lhe original contract signed May 16, i 1970. i I. SCOPI. Of SLRVICLS; PHASE D, SECTION J is hereby amended to read as lollows: j. the Architect, shall provide refined cost esLimal.es, rclleLling additional inlor•m,rLion genera Led during Lhe Design Development Phase. Such estimates shall taken into account all applicable CiLy policy decisions and budget IinriLaLions. If Lhe Architect's cost estimates exceed Lhe amount. budgeted for this project. ($1,000,000), the Architect will redevelop this phase at his expense. II. PfRIOO 01 SERVICE; Section a is hereby amended to read as follows: It. The Architect, will cnmpleLe Lhe phases of this project Within the Limes listed below. the Architect, will make over.y effort possible to facilitate total completion of j construction prior to May I, 19BO, i i Ph -n, A Schematic Design St.hene+tie designs shall be 1.111-0;6 Lled to tho City for public review no later Llian April 16, 19/9 Based nn ciLiten, agency, and CiLy Council WWRI- t..1., yet. Lon,istrvrl. with Lhe arch I LecLura I pro,p•am, MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES lw the schemaLic design will by amended and returned to the City no later than May 3, 1979. Phase IS - N!,i(ln Develol)"w"t. - finish sixty (60) days after Phase A i,,,rppruved and authorization to proceed is givers. Phase C - Construction flw.umcnts - Finish sixty (00) days after Phase B is approved and authorization to proceed is Phase D - (lidding and Construction - Bidding and contract work shall be coordinated with the construction schedule to facilitate use of the facility May 1, 1980. V1. COMPI.NSAIION IN SERVICES, the secLiun is amended to read as follows: The City agrees to pay an amount which shall not exceed $90,000 for perlormance of Phases A, B, C and D described in this agreenuad. Payment. for services shall be made monthly, based on slatement>, suhmitl.ed by the Architect.. Such statements will summarize services rendered and costs incurred. The maximum payment for service, ("riot to exceed" amount) is based upon an amuunl, of nine percent of Lhe project budget of one million dollars ($1,000,000). If the project budget is increased, the Architect's fee shall not exceed nine percent of the total project. budget. Phare A - Schematic Design - The Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. the LULaI lee for this Phase shall not exceed $13,500. Phase B - Design Development - The Architect shat l be paid a fee based upon 7, 5 r. (Direct Ilersunal f ,pense and 1.15 x Consultant's fees. fhe total fee for I'ha,es A and 0 shall not exceed $3b, 000. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I I I Phd',: C - Construction 0ucumenl. the Archrt(-r.L Shall be paid a ler. based upon 2.5 x 1)ireel. Personal Expense and 1.15 x CunsulLanL's lees. the total fee for Phases A, B and C shall nat exceed '$67,500. Phase 11 - 11idding and Construction - the Architect shall be paid a fee based upon 2.5 x Direct Personal Expense and 1.15 x Consultant's fees. The total fee for Phases A, B, C and D shall not exceed $90.000. the remainder of Section VI, from the original contract remains in force with no changes. the uudorsigned du hereby stale Lhat they agree, to the sLipulaLions of this agreement which will be executed in triplicate, as though each were an original. FOR THE CITY: WLIINER, NOWYSZ, PATUSCIIULL, AND PFIFFNER: ROBERT A. VEVERA,MAYOR 10 / anjl ENE a � J- L__.G� A D1E STOLf'US, Cl � CLERK (pILLfAM NOWYSZ � 7 MICROFILMED BY JORM MICROLAB CEDAR RANDS -DES MOINES IIrcEiM 6 lsrpp— DT TED. 10ji, I f .. i , .r AMENDMENT q2 AMENDMENT TO SERVICES AGREEMENT OF MAY 16, 1978 BETWEEN CITY OF IOWA CITY AND WEHNER, NOWYS2, PATTSCHULL, & PFIFFNER SENIOR CENTER PROJECT This agreement, made and entered into this a ek day of 1979, by and between the City of Iowa City, herein referred to as the City, and the firm of Wehner, Nowyz, Pattschull and Pfiffner, Architects, hereinafter referred to as the Architect, is an amendment to the agreement for the Iowa City Senior Center Project. This document amends portions of the original contract signed May 16, 1978. I. SCOPE OF SERVICES: PHASE E Additional Services - Section d is hereby amended to read as follows: Section d. Interior Design Services. The Architect will provide interior design services for the design, selection, specifications, and installation of furniture, equipment, window treatments, art work and items of similar nature, that are to be included in the $83,629 budget for movable equipment and furniture. Floor and wall coverings are a general construction cost and part of the general architectural services. The Scope of Services of the agreement is hereby amended by adding the following sections: 1. The Architect shall review the Title V grant application and the Architectural Program to identify portions of listed furniture and equipment that should be selected and specified to be i acquired with $48,443 of funding available through the Title V grant and $35,186 from the State Senior Center grant. Most rooms within the Senior Center, except for the institutional kitchen to be used by the Congregate Meals program, shall be furnished within the total budget amount of $83,629. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOIREs I. 2. The Architect shall submit written recommendations and make formal presentations of materials to establish the character and concept of the interior design, including types, quantities, materials, and finishes of furniture and equipment selected. 3. The Architect shall prepare and issue bid documents, with the opportunity to recommend award of single or separate contracts, enabling costs to be within the budget. { 4. The Architect shall assist in the receipt, analysis, and award of bids and contracts. i f I 5. The Architect shall obtain samples of lounge furniture and dining furniture for senior citizens to critique. 6. The Architect shall select for City review and approval, the colors, materials, and patterns to be specified when furniture is ordered. ! 7. The Architect shall prepare a furniture and equipment layout I plan and utilization plan. I 8. The Architect shall administer the drawdown of payments, coordinate shipping, arrange delivery dates, oversee storage iarrangements, and supervise installation of furniture and i equipment. The Architect shall make a final inspection report, verifying that all administrative activities were handled in a 11 manner consistent with contract provisions. I i 11. PERIOD OF SERVICE Section c, The Architect will complete interior design special jservices within the times listed below: I MICROFILMED BY i JORM MICROLAB CEDAR RAPIDS•DES IIOIRES Items Specified in Scope of Services Activities 1, 2, 3, 4 Activity 5 Activities 6, 7 Activity 8 II1. COMPENSATION FOR SERVICES Title V Completion Dates March 2, 1979 March 30, 1979 May 15, 1979 May 15, 1980 State Grant Completion Dates April 15, 1979 May 11, 1979 May 15, 1979 May 15, 1980 The City agrees to pay an amount of $8,271 for the performance of services detailed in this amendment. For services provided utilizing Title V funds, $4,791 will be paid. For services rendered in completing the State grant activities, $3,480 will be paid. Payment for services shall be made as follows: After the successful award of bids for each of the grants, 90 percent of the payment will be made; upon successful inventory of delivered furniture and supervision of storage activities, the final 10 percent of payment will be paid. The undersigned do hereby state that they agree to the stipulations of this agreement which will be executed in triplicate, as though each were an original. FOR THE CITY: WEHNE� ! _ G/J 9 R A D ROBERT A. V RA, MAYOR � OL N ` A8IESOLUS, C R ILLA $LCCIVM A APPRUM RX = LOCAL DFPA]rVY97 NOWYSZ, PATTSCHULL, AND PFIFFNER: WEHNER t�rlCu/G:�i 1 NOWYSZ I/ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRrS Items Specified in Scope of Services Activities 1, 2, 3, 4 Activity 5 Activities 6, 7 Activity 8 III. COMPENSATION FOR SERVICES 3 Title V Completion Dates March 2, 1979 March 30, 1979 May 15, 1979 May 15, 1980 State Grant Completion Dates April 15, 1979 May 11, 1979 May 15, 1979 flay 15, 1980 The City agrees to pay an amount of $8,271 for the performance of services detailed in this amendment. For services provided utilizing Title V funds, $4,791 will be paid. For services rendered in completing the State grant activities, $3,480 will be paid. Payment for services shall be made as follows: After the successful award of bids for each of the grants, 90 percent of the payment will be made; upon successful inventory of delivered furniture and supervision of storage activities, the final 10 percent of payment will be paid. The undersigned do hereby state that they agree to the stipulations of this agreement which will be executed in triplicate, as though each were an original. FOR THE CITY: WEHNE ROBERT A. VEVERA, MAYOROl. N ,�j��/ A BIO E SIOL U , C��R ILLWIAl ZECX1V0 A dPPROV7V RZ MM LFIGAL DF.PAW*-" , NOWYSZ, PATTSCHULL, AND PFIFFNER: r 1 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111ES 1 AGREEMENTS/CONTRACTS Attached are unexecuted ddlcopiees of roli_l 0 70 as signed by the Mayor. After;; their ��execution by the second party, please route 1) l (it c,l;.�. C;b 2) MIL(0-�aed 3) P. R D. 4) 5) completion of this procedi document from you, a N Abbie Stolfus, CMC City Clerk RESOLUTION NO. 79-153 - Rf:S01,U'!'ION API'RUVINC A 'I'IIANSFEII 01: INTEREST AND INCRE CAPITALIZATION PROPOSASED f:O BY (:APf'P01. ST'AT'ES ASSOCIATES City hs on Novembe ContractRfor Sale oft tLand fora Private a Redevelopmentr rwith CapitolnStates29 197, etered1Associates, which contract calls for the development of subsidized housing on Parcel 103-3; and, WHEREAS, Section 502 of said contract states: CTION 502. PROHIBITION AGAINST *TRANSFER 01: OWNERSHIP Olt CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees Tor itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any persons or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. and, WHEREAS, Capitol States Associates has requested that the City approve a trans- fer of interest and increased capitalization through the addition of Court Associates, an Iowa limited partnership, as a third venturer, in accordance with the provisions of a certain Amended and Restated Ca itol States Associates Partici ation Agreement, dated February I5, 1979, a copy of which has been filed with the Office o the (:itv Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE. CITY COUNCIL OF THE CITY OF IOWA CITY tht a the transfer of interest and increased capitalization through the addition of Court Associates as a third venturer is hereby approved. BE IT FURTHER RESOLVED that the City Clerk is hereby directed to certify a copy of this resolution to Capitol States Associates as express written approval in accordance with Section 502 of the Contract between the City and Capitol States Associates. It was moved by Balmer and seconded by Perret that the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: —x Balmer - B_ deProsse X_ Erdah 1 x Neuhauser - x Perrot x Roberts .1L_ Vovera Passed and approved this day of $aIm 6 Iprpml) isL UZAL I'Li 4FTI* _y. .. Z& 1979. ATTEST: &�Wtt'__A _IL? rty Clc < Mayor 7zs MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 'City of Iowa Citi ", MEMORANDUM DATE: April 6, 1979 TO: City Council p FROM: Paul Glaves, Development Coordinator TO RE: Capitol States Associates 1. Section 502 of the Contract for Sale of Land for Private Redevelopment between Capitol States Associates and the City states: :TION 502. PROHIBITION AGAINST TRANSFER OF OWNERSHIP OR CONTROL OF REDEVELOPER. For the foregoing reasons, the Redeveloper agrees for itself, and all persons holding an interest therein, their heirs, successors and assigns that there shall be no change or transfer of ownership or control by any person or combination of persons owning or controlling ten (10) percent or more interest in the Redeveloper through sale, assignment, merger, increased capitalization or by any other means, without the express written approval of the City. With respect to this provision, the Rede- veloper and the parties signing the Agreement on behalf of the Redeveloper represent that they have the authority of all persons holding interest therein to agree to this provision on their behalf and to bind them with respect thereto. 2. The City has received a request from Capitol States Associates that the City approve a change in the ownership structure of the joint venture, and an increased capitalization, pursuant to the above stated Section 502. Attached to this memorandum is an organization chart which sets forth the proposed organizational structure. The change in structure is the addition of Court Associates, a third venturer. The purpose of the change in organizational structure is to allow investment in the elderly housing project, distinct and separate from an investment in other Old Capitol Associates projects. This is similar to the formation of Plaza Centre Associates to develop and own Plaza Centre One. 3. Court Associates is a limited partnership, organized under the Uniform Limited Partnership Act of the State of Iowa. It is organized with two general partners: Court Apartments, Inc., and James R. Shank. Court Apartments, Inc., is a corporation wholly owned by Old Capitol Associates. James Shank is a Chartered 'Life Underwriter and Financial Planner, who will be responsible for marketing interests in the partnership to individuals who will become limited partners. The limited partners who invest will be entitled to share in the profits (or loss, only to the extent of the original investment), but will have no right to participate in the management of the partnership. Court Associates proposes to raise $660,000 from the sale of interests in the partnership, $650,000 of which is proposed to be raised from sale of units to limited partners. Of this sum, $551,000 will be a direct equity investment into Capitol States Associates. '72.5- MICROFILMED 2s MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES /D , City Council April 6, 1979 Page 2 4. The amended Capitol States Associates Joint Venture Agreement calls for a sub- stantial change in the ownership of the venture, but virtually no change in the control of the venture. Under the revised agreement, the limited partnership, Court Associates, has only a limited voice; specifically in only the following areas: formal proposals or bids to government agencies, land acquisition and other property acquisitions, sales of joint venture property, acquiring loans and mortgage committments, loaning money, or incurring single indebtedness in excess of $50,000. These limitations do not apply to the land purchase from the City, or the securing of the financing from HUD and the Iowa Housing Finance Authority which is already planned. The new venture agreement calls for Court Associates to provide 98% of the equity funds required, which is 21% of the total funding for the project. S. The provisions in the Urban Renewal Contract requiring Council approval of any change in ownership or control, or increased capitalization, are intended to provide the City the ability to ensure that the development takes place as proposed. Under the proposal submitted to the City previously, it was Midstates Development, Inc., which had responsibility for building the improvements. Under the revised Joint Venture Agreement, Midstates retains sole responsibility for all actions not specifically reserved to other venturers. Additionally, Midstates is specifically responsible for all actions relating to the production of the housing project, including: architectural and engineering plans, permits and licenses, short-term and long-term financing, and construction. 6. Accordingly, after a complete review of the revised Joint Venture Agreement, I have concluded that the revision has no adverse impact on the City's interest in ensuring that the development takes place. 7. A resolution to -approve the transfer of interest is included on the Council agenda. The staff recommends adoption of the resolution. 'PG/ssw Attachment MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111E5 Real Estate Joint Venture (Project owner and •�� uLu CHYiTOL ASSOCIATES, a Limited Partner- a Joint Venture (Parti - ship (participant cipant in joint venture in 'oint•venture) & owner of all shares of Court A artments, Inc.) JAMES R. COURT APARTMENTS, INC., SHANK, In i- an Iowa Corporation vidual (Gen- (Corporate General eral Partner Partner of Court in Court Associates) Associates) L_ i :.'Jn]-- PITOL BUSINESS COMPANY, d Partnership (O87-1/28 interest initol Associates) INVESTMENTS INCORPORATED, an Iowa Corporation (General Partner and owner of 168 interest in Old Capitol Business Center •... vcnLGK, an Individual (President, Director, & Shareholder of Investments Incorporated; Secretary & Director of Court Apartments, Inc.; President, Director & Stockholder of Oehler, Radig, Hoy, Muller. & Richard, P. attorneys for Old Capitol Busi- ne ss Center Co., Old Capitol Associates, ,Court Apartments, Inc. and Court Asso- ciates.) 'J r INC., an Iowa corpora- tion (Participant in joint venture) CO., an Iowa Corporation (Contractor for Project & affiliate of Midstates Development, Inc.) an Indiana Corporation (owner of 12-1/28 inter- est in Old Capitol Asso- ciates) ..I.Jn v, ink'., an Iowa Corporation (General Partner and owner of 378 interest in Old Capitol Business Center an Individual (President, Director & Princi- pal Stockholder of Hieron, Inc.; President & Director of Court Apartments, Inc.; Authorized Representative of. Court Associ- ates to Capitol States Associ- ates) MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION No. 79-154 RESOLUTION AUTHORIZING '1'111: MAYOR AND CI'T'Y CI,I'.RK '1'0 GSECUI'l: AN AM:NUJII:Nr 'I'0 THE REAL HSTA'1'I`. CONTRACT RR'I191iI:N '1'111: CI'I'1' OP 10IYA Cf'I'1' AND '1'116 ECUMENICAL HOUSING CORPORATION WIII:RUAS, the City of Iowa City, lows, and the I:cumcnical Housing Corporation did enter into a real ostate contract on the Llth day of March, 1979, and, I1II6R6AS, it is now necessary and desirable to amend said real estate contract. NOW, he 'Igor aORG, 131:City l'I' RI:Clerk al'"l) IiY '1'111: CI'T'Y COUNCIL 0l: '1'111: C1'I'P 0P IOIVA C1'I'Y, 101VA, that the Mayor and City Clerk arc herchy authoriacc; to execute the Amendment to Real Estate Contract by zinc[ between the City of Iowa C;cv, Iowa, and the Ecumenical (lousing Corporation, a copy of which amendment is attached hereto and by this reference made a part hereof. i It was moved by Perret and seconded by Balmer i that the resolution as read bo adopted, and upon roll call there were: AYES: NAYS: ARSWI': j x _. BaImer x deProsse 1 x I'rda 111 x Ncuhauscr i x Roberts x Rert x Vevcra Passed and approved this 10th day of April 1979 Mayor i A'ITHST:_ L / City Cletk I JxCx I Dr I % APPRo AZ l7F,pkn 7.26 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES Lld� MIENDMENf TO REAL ESTATE CONTRACT lee_a�` This amendment, dated this / 7z/ day of 1 certain Real Estate Contract dated the 14th day of Dl.rch,1979, by and between 979,the to a City of Iowa City, Iowa, a municipal corporation, hereinafter sometimes referred to as the Seller, and the Ecumenical housing Corporation, an Iowa cor}ip"lath herei fte sometimes referred to as the Buyer: tl00ii_ S43 � WIINESSETh 8972 1979NAY -2 Irli; 3:00, WHEREAS, the Buyer and the Seller did enter into a real estate co act• at March 14, 1979; and, tt J h11EREAS, requirements of the U.S. Department of Ilousing and Urban Development make it necessary for the Buyer Lo purchase additional land to provide ten additional parking spaces. NOW, THEREFORE, in consideration of the mutual agreements contained herein and the performance thereof, the Buyer and the Seller do hereby mutually agree to the amendment of the aforesaid contract by making the changes set forth herein: 1. The legal description shall be deleted and the following legal description shall be substituted in its place, to wit: All of Lot 2; except the west fifteen feet of the south forty feet of said Lot 2, Block 61; and The north one hundred ten feet of the cast eight feet of Lot 3, Block 61; and The east fifty-one and seventy-five hundredths feet of Lot 6 and the west fifty feet of Lot 7, Block 61; All in Iowa City, Johnson County, Iowa, according to the recorded plat thereof. 2. The purchase price shall be amended to read $81,SOo. 3. The following provision shall be added: 10. Access Easement: The'Seller hereby grants to the Buyer an easement for the Purpose of access over the following described real property; to wit: The west twenty feet of the cast twenty-eight feet of Lot 3, Block 61, Iowa City, Johnson County, Iowa, according to the recorded plat thereof. Said easement shall be in force and effect until the property purchased by Buyer from the Seller which is immediately east of said easement area is no longer being used for the parking of motor vehicles, and in any event, as long as the property is subject to a mortgage from the U.S. Department of Ilousing and Urban Development. IN WITNESS h11GREOF, the Ci Real Estate Contract to be duly ty of Iowa City, Iowa, has caused the Amendment to executed in its name and behalf by its Mayor and 219 611CROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES STATE OF IOWA ) ) SS: COum OF JOHNSON ) On this lYt4 day of atc,j A.D., 19 /,? before me, a Notary Public duly commissioned an q li ied in and for said County and State, personally appeared /t,._/ e, � �/�a e t 4 Mayor of the City of Iowa City, Iowa, and �.�� p _Q� n� City Clerk of said City, each being to me personally Known to be the identical persons and officers named in the foregoing instrument, who executed the same under and by virtue of the authority vested in them by the City Council of said City, and each for himself acknowledged the execution thereof to be his voluntary act and deed for purposes herein expressed. IN TESTIMONY WHEREOF, I have hereunto set my hand and Notarial�jeal at Iowa City, Iowa, the day and year last above written. 'J ' - 9��q� S . Notary Public in and for 416 State of Iowa ' STATE OF IOWA COUNTY OF JOHNSON SS: On this 20th da of April Y A.D., 19 79 ,before me, a c,in and Notary Publior the County o Johnson —• , State of Iowa, Robert L. Welsh , Presi ent, an Robert A. Glliot[ Secretary,o Uie Ecumenical Housing Corporation, e Corporation which executed the above and foregoing instrument, who being to me known as the identical persons who signed the foregoing instrument, and by me duly sworn, each for himself, did say that they are respectively the President and Secretary of said Corporation; that (the seal affixed to said instrument is the seal of said Corporation) (said Corporation has no seal) and that said instrument was by them signed and scaled on behalf of the said Corporation, by authority of its Board of Directors, and each of them acknowledged the execution of said instrument to be the voluntary act and deed of said Corporation, by it and each of them voluntarily executed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Seal the day and year last above written. Notar b is in and f .Iohnson County, State of Iowa V0 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES -2 - its seal to be hereunto duly affixed and attested to by its City Clerk, and the Buyer has caused the Amendment to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary on or as of the day first above written. CITY OF IOWA CITY, IOW/A% [�/�� By: �� //(/e'rrlciC/ SEAL Mayor �l �z ATTEST: 1 w 'C ity Clerkr i ECUMENICAL HOUSING CORPORATION President ATTES: Secretary - i 221 PY TU, I,CUAL I:Y1':1!Tf4f01; MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES