HomeMy WebLinkAbout1979-05-01 ResolutionRESOLUTION NO. 79-182
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RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND
ESTIMATE OF COST FOR THE CONSTRUCTION OF SERVICF nllllniNG
SANITARY SEWER EXTENSION, 1979
ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECT-
ING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND
PLACE FOR RECEIPT OF BIDS.
WHEREAS, notice of public hearing on the plans, specifications, form of contract,
and estimate of cost for the construction of the above-named project was published as
required by law, and the hearing thereon held.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA:
1. That the plans, specifications, form of contract, and estimate of cost for
the construction of the above-named project are hereby approved.
2. That the amount of bid security to accompany each bid for the construction of
the above-named project shall be in the amount of 11.6on.nn payable to
Treasurer, City of Iowa City, Iowa.
3. That the City Clerk is hereby authorized and directed to publish notice for
the receipt of bide 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 the date established for the receipt
of bids.
4. That bids for the construction of the above-named project are to be received
by the City of Iowa City, Iowa, at the Office of the City Clerk, at the Civic Center,
until 10:00 a.m. on the 23rd day of May 1979. Thereafter,
the bide will be opened by the City Engineer , and
thereupon referred to the Council of the City of Iowa City, Iowa, for action upon said
bide at its next meeting to be held at the Council Chambers, Civic Center, Iowa City,
Iowa, at 7:30 p.m. on the 29th day of May , 19Z2.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 1101REs
Rncolvnd & llpprovod
By Thu Legal Department
$76
Page 2
Resolution No. 99.182
It was moved by Balmer and seconded by Erdahl that
the Resolution as rea e a opte , and upon roll ca t ere were:
AYES: NAYS: ABSENT:
x BALMER
x dePROSSE
x ERDAHL
x NEUHAUSER
x PERRET
x ROBERTS
x VEVERA
Passed and approved this 1st day ofMay , 1979.
f
MAYOR
ATTEST.-
L)LFUIY C7ITY CLERK
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
RESOLUTION No. 79-183
C'-
RESOLUTION APPROVING THE PRELIMINARY DESIGN PLANS FOR
REDEVELOPMENT ON URBAN RENEWAL PARCEL(S) 82-1b
WHEREAS, the City Council of the City of Iowa City, Iowa, has solicited Offers
to Purchase and Redevelop Urban Renewal parcels; and,
WHEREAS, the City Council has, under the terms of the land disposition agree-
ment, reserved.the right to approve preliminary design plans of all redevelopment to
occur on Urban Renewal parcels; and,
WHEREAS, North Bay Construction, Inc. has submitted
preliminary design plans for the redevelopment of Parcel(s) 82-1b
in the Iowa City Urban Renewal, Project; and,.
WHEREAS, said preliminary design plans have been reviewed by.the City staff and
the,Design Review Committee; and,
WHEREAS, recommendation from the staff and the Design Review Committee have
been received by the City Council,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA,. that the
preliminary design plans submitted by North Bay Construction, Inc.
for the redevelopment of Parcel(s)are hereby approved,
subject to the conditions .and reservations set ,forth in Attachment.A to this
Resolution, which.attachment is by this reference hereby incorporated herein; and,
BE IT FURTHER RESOLVED that upon thisapproval, necessary permits may be issued
for this development, upoa,full compliance with all applicable codes and ordinances.
It was moved by Perret and seconded by Balmer -
that the Resolution as read be adopted and upon roll call there.were:
.AYES: NAYS: ABSENT:
x Balmer
x , deprosse
x_. . Erdahl
t
y Neuhauser
x_ , Ferret
x_ Roberts
Vevera.
Passed and approved this 1st day of May 1979.
•' :. S%' S`(/L�+' �!/-Fid-E�r?i•
Mayor
ATTEST: ytC,Qj Q '�h4,
C ty Clerk�—
nCLIVED 6 APPROVO
BY SHE LEGAL .P. F.:.'. TY.`N7
377
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES M0T;.ES
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ATTACHMENT A TO RESOLUTION N0. 79-183
j The approval of the preliminarydesign gn plans for the redevelopment of Parcel (s)
82 -Ib Isubmitted by North Bay Construction Inc as set
forth in Resolution No. 79-183 dated May 1 19 7a
is hereby made'subject to the following conditions or reservations.
zi
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIIIES
Ir
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MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOIIIES
Ir
"`1 City of Iowa Cir"
*MEMORANDUM
DATE: April 26, 1979
TO: City Council
FROM: Paul Glaves, Development Coordinator Ffh
RE: North Bay Construction, Inc.
1. Two resolutions relating to Urban Renewal Parcel 82-1b, to be developed by North
Bay Construction, Inc., are included on the agenda for the Council meeting of
May 1. The two resolutions are: (a) A Resolution Authorizing and Directing
the City Clerk to Publish Notice of Intent to Accept a Proposal to Purchase and
Redevelop Certain Urban Renewal Property, and (b) A Resolution Approving the
Preliminary Design Plans for Redevelopment on Urban Renewal Parcel 82-1b.
Several weeks ago, the Council deferred action on the Resolution to Publish
Notice of Intent to Accept a Proposal because of unresolved design review
questions.
Mr. Bailey, the redeveloper of Parcel 82-1b, has on several occasions presented
preliminary design plans for. consideration by the Design Review Committee. The
Design Review Committee again reviewed revised preliminary design plans for this
development at their meeting of April 25. At that meeting, the Design Review
Committee unanimously approved the preliminary design plans for this parcel. The
minutes of the April 25 Design Review Committee meeting are included in .the agenda
materials
Council session hl
Monday afternoon, Aprila30eytolshow ethe epreliminary designplansand artist rendering to the City Council during the Council discussion of agenda
items. The staff recommends adoption of the Resolution Approving the Preliminary
Design Plans for Redevelopment on Urban Renewal Parcel 82-1b.
2. The other resolution, Authorizing and Directing the City Clerk to Publish Notice
Of Intent to Accept a Proposal to Purchase and Redevelop Certain Urban Renewal
Property, authorizes the City Clerk to publish notice of the Cit intent to
enter into a redevelopment contract with North Bay Construction, Inc. As the
notice attached to the resolution states, the contract, the redeveloper's
statement for public disclosure, and the'
Construction, full proposal received from North Bay
Inc. in 1977 will be on file for public inspection in the Office
of the City Clerk until June S. 1979. On that date I will schedule Council
consideration of a Resolution Authorizing the Mayor and City Clerk to Execute
the Contract for Sale of Land for Private Development with North Bay Construction,
Inc.
North Bay Construction hopes to begin construction of this development this fall.
The contract, however, would not require a 'construction start until spring of
next year. The staff recommends adoption of the Resolution Authorizing and
Directing the City Clerk to Publish Notice of Intent to Accept a Proposal to
Purchase and Redevelop Certain Urban Renewal Property.
3. I will be glad to discuss either of these matters with the City Council at the
informal session on April 30.
PRG/ssw
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
!'-SOLUTION N0. 79-184
RESOLUTION AU171ORIZING AND DIRECTING THE CITY CLERK TO PUBLISH NOTICE/ OF IN
TO.ACCEPT A PROPOSAL TO PURCHASE AND REDEVELOP CERTAIN URBAN RENEh'AL PROPERTY
WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered
into a contract for loan and grant with the United States of America; and,
1
h'HEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract
an Urban Renewal Project known as the City -University Project I, Project Number
i
Iowa R-14; and,
'WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds
Pursuant to the Housing and Community Development Act of 1974; and,
WHEREAS, the City of Iowa
Part 570,'Section 570.801(c), oCity, Iowa, has pursuant to the provisions of Title 24,
f the Code of Federal Regulations, transferred
control
real
from the CitysCouncilaactingwas Projct
Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312,
dated August 9, 1977; and,
WHEREAS, the City Council. of Iowa. City, Iowa, caused to be issued a
solicitation
Of Offers to Purchase Land for Private Redevelopment; and,
WHEREAS, Offers to Purchase Land for Private Redevelopment were received and
opened by the City of Iowa.City on September 15, 1977;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY .COUNCIL OF IOWA CITY, IOWA, that
.pursuant to the authority granted by Section 403 of the 1977 Code of Iowa and
Section 570.801(c)'of'Part 570, Title 24, Code of Federal Regulations, that the City-
Clerk
ityClerk is hereby authorized and directed.to publish Notice of Intent to Accept Proposal
to Purchaseand Redevelop
attached hCertain Urban Renewal Property, a copy of which notice is
ereto and incorporated herein.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed
to place on file and maintain for public inspection the Resolution, Agreement, and
Proposal referenced in said notice. The Resolution and Agreement referenced in said
notice are attached hereto and hereby incorporated herein. .
It was moved by Balmer
that the Resolutionas read'y e
be adopted and upon nroll ded bcall thererwos
ere
AYES:' NAYS: ABSENT:
—x Balmer
—� deProsse
— Erdahl
x Neuhauser
XPerrot
x Roberts
Vevera
Passed, and approved this
lst day of May
1979.
Mayor
ATTEST:• •n
-�( ity lore �—
RL•CEIITD &
AY
TIM LLGAL
:iI
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
NOTICE OF SALE OF LAND
Notice is hereby given that the City of Iowa City,
Iowa, acting pursuant to Chapter 403 of the 1977
Code of Iowa, undertaking an Urban Renewal Project
(said project bounded by Washington Street on the
North, Linn Street on the East, Court Street on
the South, and an irregular boundary including the
Iowa River, Front Street, and Capitol Street on the
I -lest, all in Iowa City, Iowa) intends to accept
a proposal and enter into a contract for sale of
land for private redevelopment for the following
described real property in said Urban Renewal Area
with the redeveloper identified below:
Parcel Number Redeveloper
82-1b North Bay Construction, Inc.
A copy of the proposal submitted, the Redeveloper's
Statement for Public Disclosure which sets forth
the name of the redeveloper; the names of its
officers, principal members, and other parties
having an interest of ten percent or more; and a
copy of the te
Redevelopment ohave crSale of d
been filed in theOfficerofathe
City Clerk, 410 East Washington Street, Iowa City,
Iowa. Said documents are available for public
examination from 8:00 a.m, until 5:00 p.m. Monday
through Friday.
Persons wishing to review the agreement prior to
the execution thereof and conveyance of a deed to
the above described redeveloper may do so until
June 5, 1979. Thereafter the City Council of
Iowa City, Iowa, will consider execution of the
proposed agreement.
Dated this 2nd day of may, 1979.
i ABBIE STOLFUS
City Clerk
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES M0111ES
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RESOLUTION NO.
RESOLUTION AUTHORIZING THE SALE OF URBAN RENEWAL PROPERTY
WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered
into a contract for loan and grant with the United States of America; and,
WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract
an Urban Renewal Project known as the City University Project 1, Project Number
Iowa R-14; and,
WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds
pursuant to the Housing and Community Development Act of 1974; and,
WHEREAS, the City of Iowa City, Iowa, has pursuant to the provisions of Title 24,
Part 570, Section 570.801(c), of the Code of Federal Regulations, transferred
j Community Development Block Grant funds to said Urban Renewal Project, and transferred
control of certain real property acquired in carrying out said Urban Renewal Project
to the City Council of the City of Iowa City from the City Council acting as LPA, by
f Resolution Number 76-446, dated December 14, 1976, and by Resolution Number 77-312,
dated August 9, 1977; and,
WHEREAS, the City Council of Iowa City, Iowa, caused to be issued a solicitation
of Offers to Purchase Lind for Private Redevelopment; and,
WHEREAS, Offers to Purchase Land for Private Redevelopment were received and
opened by the City of Iowa City on September 15, 1977; and,
WHEREAS, the City Council of the City of Iowa Cit
disposition Parcel 82-16 to Y'is now desirous of selling
North Ba Construction Inc.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY ;'10{yA, that
f pursuant to the authority granted by Section 403 of the 1977 Code o£ Iowa and
Section 570.Sol (c) of Part 570, Title 24, Code of Federal Regulations, the Mayor
and City Clerk are hereby authorized and directed to execute, on behalf of the City
i of Iowa City, a contract for Sale of Land for Private Redevelopment by and between
North Bay Construction, Inc,
and the City of Iowa City, Iowa, a e ntract is attache copy of which coereto and
i incorporated herein, suchland to bsold to
: .�nrth RaV f nncfr� t' r
particularly described in said contract. Uponoexecution ofParce2the contract y the
as more
City and North Ba o
the City Manager is authorized and directed to prepare a ced for sai property and
deliver the decd to North Da Construction Inc, ,
upon'receipt of payment for said property,
It was moved by
that the Resolution as read be adopted and upon roll calland there
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 110114Es
AYES: NAYS: ABSENT:
Balmer
deProsse
Eidahl
Neuhauser
' Perret
Roberts
Vevera
i
Passed and approved this day of
__ Mayor
1979.
RECEIVED & APPpm pR
BY TQ: jXrA ?Nili7
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 140114ES
. ..........
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Part I
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
NORTH BAY CONSTRUCTION, INC.
and
The City of Iowa City, Iowa
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOUIES
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this Part 1 and Part I1 annexed hereto and
made a part hereof (which Part I and Part II are together hereinafter
called "Agreement"), made on or as of the
19 by and between
a public the City of Iowa day of
City, Iowa, body corporate (which, together with any successor
public body or officer hereafter designated by or pursuant to law, is
hereinafter called the "City"), established pursuant to the statutes of
the State of Iowa pertaining to Municipalities, Cities, Towns, and
particularly Chapter 403 of the Code of Iowa as amended (hereinafter
called "Urban Renewal Act") and having its office at the Civic Center in
the City of Iowa City, State of Iowa, and North Bay Construction, Inc,
corporation organized and existing under the laws of the State of a
Iowa (hereinafter called "Redeveloper") and having an office
forte transaction of business at 919 Talwrn Court
in the City of Iowa Cit
State of Iowa ---Y County of Johnson and
WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal Act,
the City has undertaken a program for the clearance and reconstruction
or rehabilitation of slum and blighted areas in the City, and in this
connection is engaged in carrying out an urban renewal project (herein-
after called "Project") in an area (hereinafter called the "Project
Area") located in the City; and
WHEREAS, as of the date of this Agreement there has been prepared
and approved by the City an urban renewal plan for the Project, con-
sisting of ("The Urban Renewal Plan, dated September 3, 1969, by Resolu-
tion No. 2157, as amended from time to time and as it may hereafter be
further amended pursuant to law, and as so constituted, is unless other-
wise indicated by the context, hereinafter called "Urban Renewal Plan"),
and
I
WHEREAS,
date oftheAgreement ohUrban as
hasbeenrecordedaamongnthe land trecords ofor hthe
place in which the Project Area is situated, namely, in the Office of
i the Johnson County Recorder in Book 490 at page 408, and has been filed
in the Office of the Clerk of the City located at the Civic Center in
the City; and
WHEREAS, in order to enable the Gity to achieve the objectives of
the Urban Renewal Plan and particularly to make the land in the Project
Area available for redevelopment by private enterprise for redevelopment
in accordance with the Urban Renewal Plan, both the Federal Government
and the City have undertaken to provide and have provided substantial
aid and assistance through a Contract for Loan and Capital Grant dated
September 2, 1970, in the case of the Federal Government; and
WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the City
has offered to sell and the Redeveloper is willing to purchase certain
real property located in the Project Area and more particularly described
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
so described is in Schedule A annexed hereto and made it Part hereof (which property as
Property for andltincinafter accordancelwitlh'thuhuses'speclFicJrinethooUrthe
Renewal Plan and in accordance with the Agreement; and
WHEREAS, the City bel,and that the redevelopment of the Property
ment, are in the vital
pursuant to the Agreementnt, :1nJ the 1'ulfillmont generally of the Agree -
and best interests of the City and the heathe
e applicable Federal, Stateand
andlth,
safety, morals, and welfare of its residents,
public purposes and provisions of the and in accord with
local laws and requirementsunder which the Project has been undertaken;
WHEREAS, the City has acquired title to certain property described
in Schedule A hereof:
NOW, THEREFORE, in consideration of the premises and the mutual
obligations of the parties hereto, each of them does hereby covenant and
agree with the other as follows:
SECTION 1. SALE: PURCHASE PRICE
Subject to all the terms, covenants, and conditions of the Agree-
ment, the City will sell the property described in Schedule A
hereof to the Redeveloper for, and the Redeveloper will purchase
the property from the City and pay therefore, the amounts set forth
in Schedule B hereof, subject to the terms and conditions of
I Section 2 of this Agreement. The amounts set forth in Schedule B,
hereinafter called "Purchase Price," are to be paid in cash or by
certified check simultaneously with the delivery of the deeds
I conveying the property to the Redeveloper,
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SECTION 2, CONVEYANCE OF PROPERTY
(a) Form of Deed, The City shall convey to the Redeveloper title
to t e property by Special Warranty Deed (hereinafter called
"Deed"). Such conveyance and title shall, in addition to the
condition subsequently provided for in Section 704, Part I1,
hereof, and to all other conditions, covenants, and restric-
tions set forth or referred to elsewhere in the Agreement, be
subject to:
(1) Such easements as it shall have been necessary, pursuant
to the Urban Renewal Plan, for the City to reserve, for
itself or for future dedication or grant, for sewers,
drains, water and gas distribution lines, electric,
telephone, and telegraph installations, rights-of-way and
access, or as described or referred to in "Schedule A,Of
description of property, attached hereto and referenced
as a part hereof;
(2) All conditions, covenants and restrictions contained in
said Urban Renewal Plan and Part I and II of this Contract.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 110HIES
(b) Time and Place for Uelivor of heeds. The City shall deliver
t e Uec ane possession of
upon Payment of the nlrclllg(.l r�lich1ntfull the Redeveloper
called For in this Al I upon such dates as
principal urfice of thec('ilE E.nnvoyance shall be
such
con and y Imcl the "OdevOlo made cc the
Pur chase rice in fully
for eacho the E�ty at such tPme and 1place °the
P
Parcel delivered.
(c) Recordation of Deeds.
Deeds for recordation amoln Rthe vland erecords
Promptly
Iowa, The Redeveloper shall of Johnson 1County,
stamps
the State documentar pay all costs
stamps St wh. ch
the y stamp tax on the Deeds, for the cost
the Redeveloper),
amount shall be affixed to the Deeds by
P ), for so recording said Deed.
(d) Delivery of the Abstract.
veloper in advance of the The City will furnish to the Rede -
of title showingclosing on each parcel, an abstract
Cit a and marketable title in the Cit
y of 1 encumbrancesfexceatdaslear of all taxes, assessments orotherI en title shall bap hereinbefore specified,
qualified abstracting City expense and will be certifiedabstracts
closest practical dae company to the close of business as the
prior
veyance. The cost of obtaining the date of the deed of con_
the abstracts for title o g an attorneys examination of
title insurance, if requiredion and/or the cost of
Redeveloper. , shall be at the obtaining
expense of the
(e)Delivery of Propert
described in Schedule A7he hereofyatlll thedtimegsethforth
C hereof. Property
I in Sc
of such The Redeveloper for
to pay for and accept title Property as called for in this Agreement and
begin development promptly on the property conveyed within the
time called for in this Agreement, agrees to
to pay for and accept deliver Failure by the Redeveloper
called for herein will rliveesulyinffthe urban
ure renewal land as
posted with the City by the Redeveloper attributableof the such
Property, without limitingPosits
against the Redeveloper the City as to other remedies
I deliver the p In the event the City is unable to
veloper, thepRedeve Redevallcd eloper for in Schedule C to tha Rede -
the develo have the option of rescindin
j cousin a written°notice tolbeas to serveduch uponathelCitn defaultgby
exercise of such o tion.
notice, the Cit P Pon receipt by the City of thY of is
by tendering a shall have sixty (60) days to cure the default
velo er. f the property covered in the notice to the Rede -
able to cure the default within the
o (ion days as provided herein, the Redeveloper shall, at
its option, stand relieved of its Obligation to accept the
parcel or Parcels of and the City shall, in such event,
promptly refund that portion Of the Redeveloper's deposit
attributable to such parcels to the Redevelo er
understood and agreed that the Cit P
direct or indirect P it is expressly
to the y shall have no other liability,
Redevoloper on account of delay or
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES rloluEs
inability to deliver land to the Redeveloper as called for in
this Agreement and the Redeveloper's remedy in the event of
default by the City in delivery of urban renewal land is
hereby specifically limited to rescinding the contract as to
such land as provided in this paragraph.
(f) Default by Redeveloper. !n the event the Redeveloper fails to
iv
accept delery of and pay for one or more parcels of property,
as called for in this Agreement, the City may, at its option,
call the entire Agreement, or the Agreement as it applies to
any part of the property, in default, serve a proper notice of
forfeiture upon the Redeveloper and terminate this Agreement
in its entirety except that forfeiture of this Agreement shall
not relieve the Redeveloper of the obligations imposed by this
Agreement as to property already delivered to the Redeveloper.
SECTION 3. GOOD FAITH DEPOSIT
(a) Amount. The Redeveloper has, prior to or simultaneously with
the execution of the Agreement by the City, delivered to the
City a good faith deposit or a surety bond in the penal amount
of five thousand ($5,000) Dollars, (ten
percent (10%) of the purchase price), in which the City is the
obligee, issued by N/A a surety
company regularly engaged in the issuance of such under
takings and on the list of surety companies approved by the
United States Treasury for at least such amount, or case, or
a certified check satisfactory to the City in the amount of
five thousand ($5,000) Dollars, herein-
after called "Deposit," as security for the performance of the
obligations of the Redeveloper to be performed prior to the
return of the Deposit to the Redeveloper, or its retention by
the City as liquidated damages, or its application on account
of the Purchase Price, as the case may be, in accordance with
the Agreement.
The Deposit, if cash or certified check, shall be deposited in
an account of the City in a bank or trust company selected by
it.
(b) Interest. The City shall be under no obligation to pay or
earn interest on the Deposit, but if interest is payable
thereon such interest when received by the City shall be
promptly paid to the Redeveloper.
(c) Retention by City. Upon termination of the Agreement as
provided in Sections 703 and 704 of Part 11 hereof, the
Deposit or the proceeds of the Deposit, if not theretofore
returned to the Redeveloper pursuant to Paragraph (d) of this
Section, including all interest payable to such Deposit or the
proceeds thereof after such termination, shall be retained by
the City Agency as provided in Sections 703 and 704 of Part II
hereof.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES IIOIIIES
(d) Return to Rodoveloper. Upon termination of the Agreement as
prov4 a in3�li Section 702 of Part 11 hereof, the Deposit shall
be returned to the Redeveloper by the City as provided in
Section 702 of Part 11 hereof.
SECTION 4. TIME 1:011 COMMENCEMENT AND COMPLETION OF IMPROVEMENTS
The construction of the Improvements called for in this Agreement
shall be commenced and completed in accordance with Schedule D
hereof (to be submitted by Developer with his proposal). Provided,
that if a mortgage securing money loaned to finance the Improve-
ments, or any part thereof, is insured by the Secretary of Housing
and Urban Development, then the aforesaid completion time shall not
apply, but instead the construction of the Improvements, or any
part thereof, shall be completed within the time specified in the
applicable Building Loan Agreement approved by the Secretary of
Housing and Urban Development.
SECTION S. TIME FOR CERTAIN OTHER ACTIONS
(a) Time for Submission of Preliminar Design Plans. The Rede-
veloper shall su mit Preliminary Design Plans as called for in
Section 301 of Part II of this Agreement as soon as possible.
after-the-time-for-senvoyanss-set-forth-in_Srhedule_C_hexeof,
and-shabl-subR�it-sash-pleas-ia-as-sysat-latot_than---_----_---------------
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(b) Time for Submission of Construction Plans. The Redeveloper
shall submit construction plans as called for in Section 301
of Part lI of this Agreement as soon as possible after approval
of the Preliminary Design Plans by the City Council, and in no
event, later than sixty (60) days prior to the time for start
of construction called for in Schedule D hereof.
(c) Time for Submission of Corrected Plans. In the event that
Preliminary Design Plans or Construction Plans are rejected by
the City, as set forth in Section 301 of Part II of this
Agreement. The Redeveloper shall submit corrected plans
within thirty (30) days of said rejection.
(d) If any hardship shall exist in complying with the foregoing
provisions of this Section, the Redeveloper may petition to
the City in writing for an extension of time for performance
of any part of this Section, setting forth in detail the
reasons for needing such extension.
SECTION 6. PERIOD OF DURATION OF COVENTANT ON USE
The covenants pertaining to the use of the Property, set forth in
Paragraph (a) of Section 401 of Part II hereof, shall remain in
effect from the date of the Deed until October 2, 1994, the period
specified or referred to in the Urban Renewal Plan, and shall
automatically extend for five year periods thereafter, unless
changed by the City Council.
MICROFILMED BY `
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
SECTION 7. NOTICES AND DEMANDS.
A notice, demand, or other communication under the Agreement by
either party to the other shall be sufficiently given or delivered
if it returnlreceipttched by requested, ortdeliveredor ertified personally,landostage prepaid,
(i) in the case of the Redeveloper, is addressed to or delivered
personally to the Redeveloper at.
919 Talwrn Court
Iowa City, Iowa 52240
AND
(i i) in the case of the City, is addressed to or delivered personally
to the:
;i
City Manager
- i Civic Center
410 E. Washington St.
Iowa City, IA 52240
I or at such other address with respect to either such party as that
may, from time to time, designate in writing and forward to the
other as provided in this Section.
SECTION 8. COUNTERPARTS
I
The Agreement is executed in three (3) counterparts, each of which
shall constitute one and the same instruments.
SECTION 9. ADDED PROVISIONS
A. Except as set forth in Schedule B of Part I of this Agreement, in the
event the City determines within a period of five years from the
execution of this contract to sell all or any portion of the West
half of the Dubuque Street right-of-way between College Street
on the North and the alley of Block 82 on the South, the Redeveloper
shall be granted the first option to purchase said real estate
at its then appraised value as submitted by a designated MAI
appraiser and mutually agreeable to the City and the Redeveloper.
The option granted herein shall expire unless sooner exercised by
i the Redeveloper within a period of 90 days following notification
to the Redeveloper of the purchase price as determined by the
appraisal and the purchase price shall be paid in cash or by
contract as the City shall determine within a reasonable time
after examination of the Abstract of Title.
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B. The City agrees that it will not construct or permit the construction
Of any improvement above ground level except plant materials or
furniture or fixtures installed as part of City Plaza, within
twenty feet of the original boundary line of Parcel 82-1b, on the
Dubuque Street right-of-way.
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C. The City shall, upon request by the Redeveloper, review construction
plans for consistency with the preliminary design plans. If it is
determined that the plans are not consistent, the City shall re-
view and approve the changes in accordance with Section 301 of
Part II hereof.
D. The City shall,in addition to the procedures called for in Section
7 of Part I hereof, provide copies of all such notices or demands
to any third party designated in writing by the Redeveloper.
IN WITNESS WHEREOF, the City has caused the Agreement to be duly
executed
nto
duly affixed land nattested bbyait lf bCity sClerk, and the RedeveloperMayoand its seal to behhasereucaused
the Agreement 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. v
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES 140PIES
CITY OF IOWA CITY, IOWA
BY:
MAYOR
ATTEST:
CITY CLERK
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REDEVELOPER
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+ PRESIDENT
L, ATTEST: i
SECRETARY '. _
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DECEIVED 3 DFRO4P?I
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
CORPORATE ACKNOWLEDGEMENT
STATE OF
COUNTY OF :ss
On this day of A.D. 19
before me
a Notary Public, in and for the
County of State of Iowa,
President, and
Secretary or
Treasurer, of
the Corpor-
ation 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 or Treasurer, 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 sealed on behalf
of the said Corporation, by authority of its Board of Directors, and each
of them acknowledged the excution 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.
Notary Public in and for
County, State of
My Commission expires
/ MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
SCHEDULE A
LEGAL DESCRIPTION
All that certain parcel or parcels of land located in the City of Iowa City,
County of Johnson, State of Iowa, more particularly described as follows, to wit:
The east 38.50 feet of Lot 1, Block 82, Except, Commencing at a point 30
feet west of the northeast corner of said Lot 1, thence east 30 feet,
thence south 30 feet, thence northwest to the point of beginning, all
in Iowa City, Johnson County, Iowa, according to the recorded plat thereof.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
1�
SCHEDULE B
PRICE OFFERED
PRICE
$50,000
MICROFILMED BY
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CEDAR RAPIDS•DES MOINES
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PARCEL N0.
82-1b
SCHEDULE C
MM FOR CONVEYANCE
DATE
Upon request of the Redeveloper,
but not more than six months
after execution of this agreement.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
SCHEDULE D
Improvements of the parcel listed below will commence and be
completed in accordance with the following schedule:
PARCEL NO. COMMENCE
82-1b 120 days after
the date of
conveyance.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
ESTIMATED COMPLETION
Within one year after start
of construction, subject to
delays beyond the control of
the Redeveloper as set forth
in Section 708 of Part II
of this Agreement.
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SCHEDULE D
Improvements of the parcel listed below will commence and be
completed in accordance with the following schedule:
PARCEL NO. COMMENCE
82-1b 120 days after
the date of
conveyance.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
ESTIMATED COMPLETION
Within one year after start
of construction, subject to
delays beyond the control of
the Redeveloper as set forth
in Section 708 of Part II
of this Agreement.
PART II
OF
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
NORTH BAY CONSTRUCTION, INC.
and
The City of Iowa City, Iowa
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
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,
PART II
OF
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
NORTH BAY CONSTRUCTION, INC.
and
The City of Iowa City, Iowa
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS•DES MOINES
ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT
SECTION 101. DEMOLITION AND SITE CLEARANCE. It is agreed that the
City sha 1 convey and the redeveloper shall accept the property set
forth in Schedule A of this agreement AS IS and it is expressely
agreed that the City makes no warranty, express or implied, regarding
subsurface conditions and that the City shall have no liability for
any damages arising from subsurface conditions. It is further
agreed that any contracts or specifications for site demolition and
clearance which may have been examined by the redeveloper were
examined for information purposes only, and that the City shall
assume no liability for any defects or variance from the specifications
for work previously completed.
SECTION 102. EXPENSES, INCOME, AND SALVAGE. All expenses, including
current taxes, if any, re ating to buildings or other structures
demolished or to be demolished in accordance with Section 101
hereof shall be borne by, and all income or salvage received as i
result of the demolition of such buildings or structures shall
belong to the City.
�_,U.JJUN 103. CITY'S RESPONSIBILITIES FOR CERTAIN OTHER ACTIONS. The
City, wit out expense to t e Re eve oyer or assessment or claim
against all cause
constructilonpofppublicsilmprovementshonrexistingon of taffic n
strreetrrightsaof-
way, and the construction of parking structures as specifically set
forth in the Urban Renewal Plan. Provided, the City reserves the
right to make future modifications to the traffic circulation
system and to the public improvements when such changes are deemed
necessary
and
aftercainterest,
faithand
attemptfurther
toPdovs , iisnthe
unable
to construct the parking structures due to an inability to issue
revenue bonds, the City shall be without liability to the developer
or the developer's assigns.
(a) Installation of Public Utilities - The installation or re-
location by the City or public utility company of such sewers,
drains, water and gas distribution lines, electric, telephone,
and telegraph lines and all other public utility lines,
installations, and facilities as are necessary to be installed
or relocated on or in connection with the Property by reason
of the redevelopment contemplated by the Urban Renewal Plan
and the development of the Property: Provided, that the City
shall not be responsible for, nor bear an
of, installing the necessary y portion of the cost
utility connections within the
boundaries of the Property between the Improvements to be
constructed on the Property by the Redeveloper and the water,
sanitary sewer, and storm drain mains or other public utility
lines owned by the City or by any public utility company
within or without such boundaries, or electric, gas, telephone,
or other public utility lines owned by any public utility
company within or without such boundaries, and the Redeveloper
shall secure any permits required for any such installation
without cost or expense to the City.
MICROFILMED BY
JORM MICROLAB
CEDAR RAPIDS -DES MOINES
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SECTION 104. WAIVER OF CLAIMS AND JOINING IN PETITIONS BY e REDEVELOPER_.e dvpeherey
waives as the purchaser of the Property
under the Agreement and as the owner after the conveyance of the
Property provided for in the Agreement) any and all claims to
awards of damages, if any, to compensate for the closing, vacation,
restriction, change of restriction or change of grade of any
street, alley, or other public right-of-way within or fronting or
abutting on, or adjacent to, the Property which, pursuant to
Section 103 hereof, is to be closed or vacated, or the grade of
which is to be changed, and shall upon the request of the City
subscribe to, and join with, the City in any petition or proceeding
required for such vacation, dedication, change of grade, and, to
the extent necessary, rezoning, and execute any waiver or other
document in respect thereof.
ARTICLE II. RIGHTS OF ACCESS TO PROPERTY
SECTION 201. RIGHT OF ENTRY FOR UTILITY SERVICE. The City reserves for
Itse f, t e City, and any pub is utility company, as may be appro-
priate, the unqualified right to enter upon the Property at all
reasonable times for the purpose of reconstructing, maintaining,
repairing, or servicing the public utilities located within the
Property boundary lines and provided for in the easements described
or referred to in Paragraph (a), Section 2 of Part I hereof.
Redevelopers al n: construct anyV ulvuing otherIT
or
The
improvement on, over, or within the boundary lines of any easement
for public utilities described or referred to in Paragraph (a),
Section 2 of Part I hereof, unless such construction is provided
for in
Engineer,lcorethee authorized representativeion
fwantaffectedhpublic
utility.
j SECTION 203, ACCESS TO PROPERTY. Prior to the conveyance of the
Property y t e Ity to t e Redeveloper, the City shall permit
Irepresentatives of the Redeveloper to have access to any Property
to which the City holds title, at all reasonable times for the
purpose of obtaining data and making various tests concerning the
Property I con-
veyance necessary
oftheProperacarry tre
tybytheCity to the Agreement.
the Redeveloper, theRe-
developershall permit employees, agents or representatives of the
City access to the Property at all reasonable times for the pur-
poses of the Agreement, including, but not limited to, inspection
of all work being performed in connection with the construction of
the Improvements. No compensation shall be payable nor shall any
charge be made in any form by any party for the access provided for
in this Section.
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ARTICLE 111. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVEMENTS; CERTIFICATE OF COMPLETION
SECTION 301. PLANS FOR CONSTRUCTION OF IMPROVEMENTS. Whenever used in
t is Agreement 11111 term preliminary design plans" shall include a
site plan and preliminary plans for Improvements which clearly show
the size, location, and external appearance of any structures,
along with such other information as is necessary to fully deter-
mine the intentions of the redeveloper. The term "construction
Plans" shall mean all plans, specifications, drawings, or other
information required to be submitted for issuance of any permit
called for by applicable codes and ordinance. The term "Improve-
ments", as used in this Agreement, shall be deemed to make reference
to any buildings, structures, renovations, or other improvements,
as provided for and specified in this Agreement, preliminary design
plans, and construction plans.
The Redeveloper shall, prior to the construction of the improve-
ments called for in this Agreement, submit for approval by the City
Council preliminary design plans, and such other information as is
necessary for the City Council to fully determine the intentions of
the redeveloper. Such plans shall be submitted no later than the
time specified therefor in Paragraph (a), Section 5, of Part I
hereof. It is expressly understood that the preliminary design
plans shall be submitted to review by the City's Design Review
Committee. Approval of such preliminary design plans by the City
Council shall in no way relieve the redeveloper of the respon-
sibility for obtaining all required permits and otherwise fully
complying with all applicable state and local codes and ordinances.
Following approval of preliminary design plans by the City Council
the redeveloper shall submit construction plans and other informa-
tion necessary to obtain all permits required by applicable codes
and ordinances.
j The preliminary design plans, as defined herein, shall in any
event, be deemed approved by the City Council unless rejection
thereof in writing shall be set forth by the City within forty (40)
days after the date of their receipt by the City Clerk. If the
City so rejects such preliminary design plans in whole or in part,
the Redeveloper shall submit new or corrected preliminary design
i plans which correct the defect set forth in the rejection, within
the time specified therefor in Paragraph C, Section 5, of Part I
hereof. The provisions of this section relating to approval,
i rejection, and resubmission of corrected preliminary design plans
herein continuebtoeapplyided untilith respect
theprehoriginal plans
preliminary design planshavesbeen
approved by the City Council.
All work with respect to the Improvements to be constructed or
provided by the redeveloper on the property shall be in conformity
With the preliminary design plans as approved by the City Council.
Construction plans called for herein shall be consistent with and
logical extensions of the preliminary design plans approved by the
City Council.
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SECTION 302. CHANGES IN CONSTRUCTION PLANS. If the Redeveloper
estres to ma a any c anges to t e p-intinary design plans after
their approval by the City Council, the Redeveloper shall submit
the proposed change to the City Council for its approval. Changes
in construction plans as defined herein, may be approved by the
Department of (lousing and Inspection Services, provided that such
changes will not cause the Improvement to be constructed in a
manner not consistent with the preliminary design plans as approved
by Council.
SECTION 303. COMMENCEMENT AND COMPLETION OF CONSTRUCTION OF IMPROVEMENTS
e Re eve oper agrees or ttse f, its successors an assigns, and
every successor in interest to the Property, or any part thereof,
and the Deed shall contain covenants on the part of the Redeveloper
for itself and such successors and assigns, that the Redeveloper,
and such successors and assigns, shall promptly begin and diligently
pursue to completion the redevelopment of the Property through the
construction of the Improvements thereon, and that such construction
shall in any event be begun'within the period specified in Section
4 of Part I hereof and be completed within the period specified in
such Section 4. It is intended and agreed, and the Deed shall so
expressly provide, that such agreements and covenants shall be
covenants running with the land and that they shall, in any event,
and without regard to technical classification or designation,
legal or otherwise, and except only as otherwise specifically
provided in the Agreement itself, be, to the fullest extent permitted
by law and equity, binding for the benefit of the community and the
City and enforceable by the City against the Redeveloper and its
successors and assigns to or of the Property or any part thereof or
any interest therein.
SECTION 304. PROGRESS REPORTS. Subsequent to conveyance of the Property,
or any part thereof, to the Redeveloper, and until construction of
the Improvements has been completed, as set forth in Section 305
hereof, the Redeveloper shall make reports, set forth the status of
Improvements, construction schedule, and such other information as
may reasonably be requested by the City, as to the actual progress
of the Redeveloper with respect to such construction.
SECTION 305. CERTIFICATE OF COMPLETION.
(a) Within thirty (30) days after completion of the Improvements
in accordance with those provisions of the Agreement relating
solely to the obligations of the Redeveloper to construct the
Improvements (including the dates for beginning and completion
thereof), the City will furnish the Redeveloper with an appro-
priate
shallinstrument
(andsitcertifying.
so providedcertification
Deedyand the
in
the certification itself) a conclusive determination of satis-
faction and termination of the agreements and covenants in the
dates for the beginning and completion thereof; Provided,
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that if there is upon the Property a mortgage insured, or held
or owned, by the Federal Housing Administration and the Federal
(lousing Administration shall have determined that all buildings
constituting a part of the Improvements and covered by such
mortgage are, in fact, substantially completed in accordance
with the plans and are ready for occupancy, then, in such
event, the City and the Redeveloper shall accept the deter-
mination of the Federal Housing Administration as to such
completion of the construction of the Improvements in accor-
dance with the plans, and, if the other agreements and covenants
in the Agreement obligating the Redeveloper in respect of the
construction and completion of the Improvements have been
fully satisfied, the City shall forthwith issue its certifi-
cation provided for in this Section. Such certification and
such determination shall not constitute evidence of compliance
with or satisfaction of any obligation of the Redeveloper to
any holder of a mortgage, or any insurer of a mortgage, securing
money loaned to finance the Improvements, or any part thereof.
(b) With respect to such individual parts or parcels of the Property
which, if so provided in Part I hereof, the Redeveloper may
convey or lease as the Improvements to be constructed thereon
are completed, the City will also, upon proper completion of
the Improvements relating to any such part or parcel, furnish
the Redeveloper with an appropriate instrument, certifying
that such Improvements relating to any such part or parcel
have been made in accordance with the provisions of the Agree-
ment. Such certification shall mean and provide (1) that any
party purchasing or leasing such individual part or parcel
pursuant to the authorization herein contained shall not
(because of such purchase or lease) incur any obligation with
respect to the construction of the Improvements relating to
such part or parcel or to any other part or parcel of the
! Property; and (2) that neither the City nor any other party
shall thereafter have or be entitled to exercise with respect
to any such individual part or parcel so sold (or, in the case
of lease, with respect to the leasehold interest) any rights
I or remedies or controls that it may otherwise have or be
ii entitled to exercise with respect to the construction of
1
Improvements as called for herein.
(c) Each certification provided for in this Section shall be in
such form as will enable it to be recorded in the proper
office for the recordation of deeds and other instruments
pertaining to the Property, including the Deed. If the City
shall refuse or fail to provide any certification in accor-
dance with the provisions of this Section, the City shall,
within thirty (30) days after written request by the Rede-
veloper, provide the Redeveloper with a written statement,
indicating in adequate detail in what respects the Redeve:oper
has failed to complete the Improvements in accordance with the
provisions of the Agreement, or is otherwise in default, and
what measures or acts it will be necessary, in the opinion of
the City, for the Redeveloper to take or perform in order to
obtain such certification.
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ARTICLL IV. RESTRICTIONS UPON USE OF „J'PFRTY
SECTION 401. RESTRICTIONS ON USE. The Redeveloper agrees for itself,
an its successors a_n_d assigns, and every successor in interest to
the property, or any part thereof, and the Deed shall contain
covenants on the part of the Redeveloper for itself, and such
successors and assigns, that the Redeveloper, and such successors
and assigns, shall:
(a) Devote the Property to, and only to and in accordance with,
the uses specified in the Urban Renewal Plan; and
(b) Not discriminate upon the basis of race, color, creed, religion,
age, disability, sex or national origin in the sale, lease, or
rental or in the use or occupancy of the Property or any
improvements erected or to be erected thereon, or any part
thereof.
(c) All advertising (including signs) for sale and/or rental of
the whole or any part of the Property shall include the legend,
"An Open Occupancy Building" in type or lettering of easily
legible size and design. The word "Project" or "Development"
may be substituted for the word "Building" where circumstances
require such substitution.
I (d) Comply with the regulations issued by the Secretary of Housing
and Urban Development set forth in 37 F.R. 22732-3 and all
applicable rules and orders issued thereunder which prohibit
the use of lead-based paint in residential structures under-
going federally -assisted construction or rehabilitation and
require the elimination of lead-based paint hazards.
SECTION 402. COVENANTS: BINDING UPON SUCCESSORS IN INTERESTS: PERIOD OF
URATIO . t is IT5ii a an agree an t e ee s a so expressly
provide, that the agreements and covenants provided in Section 401
hereof shall be covenants running with the land and that they
shall, in any event, and without regard to technical classification
or designation, legal or otherwise, and except only as otherwise
specifically provided in the Agreement, be binding, to the fullest
extent permitted by law and equity, for the benefit and in favor
of, and enforceable by, the City, its successors and assigns, any
successor in interest to the Property, or any part thereof, and the
United States (in the case of the covenant provided in subdivision
(b) of Section 401 hereof), against the Redeveloper, its successors
and assigns and every successor in interest to the Property, or any
part thereof or any interest therein, and any party in possession
or occupancy of the Property or any part thereof. It is further
intended and ay reed that the agreement and covenant provided in
subdivision (a) of Section 401 hereof shall remain in effect for
the period of time, or until the date, specified or referred to in
Section 6 of Part I hereof (at which time such agreement and covenant
shall terminate) and that the agreements and covenants provided in
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subdivision (^ of Section 401 hereof shall rEr`n in effect
without limitation as to time: Provided, that such agreements and
covenants shall be binding on the Redeveloper itself, each successor
in interest to the Property, and every part thereof, and each party
in possession or occupancy, respectively, only for such period as
such successor or party shall have title to, or an interest in, or
possession or occupancy of, the Property or part thereof. The
terms "uses specified in the Urban Renewal Plan" and "land use"
referring to provisions of the Urban Renewal Plan, or similar
language, in the Agreement shall include the land and all building,
housing, and other requirements or restrictions of the Urban
Renewal Plan pertaining to such land.
SECTION 403. CITY AND UNITED STATES RIGHTS TO ENFORCE. In amplifica-
tion, and not in restriction of, the provision of the preceding
Section, it is intended and agreed that the City and its successors
and assigns shall be deemed beneficiaries of the agreements and
covenants provided in Section 401 hereof, and the United States
shall be deemed a beneficiary of the covenant provided in sub-
division (b) of Section 401 hereof, both for and in their or its
own right and also for the purposes of protecting the interests of
the community and other parties, public or private, in whose favor
or for whose favor or for whose benefit such agreements and covenants
have been provided. Such agreement and covenants shall (and the
Deed shall so state) run in favor of the City and the United
States, for the entire period during which such agreements and
covenants shall be in force and effect, without regard to whether
the City or the United States has at any time been, remains, or in
an owner of any land or interest therein to or in favor of which
such agreements and covenants relate. The City shall have the
right, in the event of any breach of any such agreement or covenant,
and the United States shall have the right in the event of any
breach of the covenant provided in subdivision (b) of Section 401
hereof, to exercise all the rights and remedies, and to maintain
any actions or suits at law or in equity or other proper proceedings
to enforce the curing of such breach of agreement or covenant, to
which it or any other beneficiaries of such agreement or covenant
may be entitled.
ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
SECTION 501. REPRESENTATIONS AS TO REDEVELOPMENT. The Redeveloper
represents and agrees tat its purchase of the Property, and its
other undertakings pursuant to the Agreement, are, and will be
used, for the purpose of the redevelopment of the Property and not
for speculation in land holding. The Redeveloper further recognizes
that, in view of
(a) the importance of the redevelopment of the Property to the
general welfare of the community;
(b) the substantial financing and other public aids that have been
made available by law and by the Federal and local Governments
for the purpose of making such redevelopment possible; and
(c) the fact that a transfer of the stock in the Redeveloper or of
a substantial part thereof, or any other act or transaction
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involving or resulting in a significant change in the owner-
ship or distribution of such stock or with respect to the
identity of the parties in control of the Redeveloper or the
degree thereof, is for practical purposes a transfer or
disposition of the Property then owned by the Redeveloper,
the qualifications and identity of the Redeveloper, and its stock-
holders, are of particular concern to the community and the City.
The Redeveloper further recognizes that it is because of the recog-
nition of such qualifications and identity that the City is entering
into the Agreement with the Redeveloper, and, in so doing, the City
is further willing to accept and rely on the obligations of the
Redeveloper for the faithful performance of all undertakings and
covenants in the Agreement.
SECTION 502. PROHIBITI
KtutvtLvrtn. ror cne roregoing reasons, cne Meaeveioper agrees
for�f, 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.
T TRANSFER OF PROPERTY AND ASSIGNMENT OF
8
and agrees for itself, and its successors and assigns,
(a) Except only
(1) by way of security for, and only for, (i) the purpose of
obtaining financing necessary to enable the Redeveloper
or any successor in interest to the Property, or any part
thereof, to perform its obligations with respect to
making the Improvements under the Agreement, and (ii) any
other purpose authorized by the Agreement, and
(2) as to any individual parts or parcels of the Property on
which the Improvements to be constructed thereon have
been completed, and which, by the terms of the Agreement,
the Redeveloper is authorized to convey or lease as such
Improvements are completed,
the Redeveloper (except as so authorized) has not made or created,
and that it will not, prior to the proper completion of the Improvfe-
ments as certified by the City, make or create, or suffer to be
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N
made or created, any total or partial sale, assignment, conveyance,
or lease, or any trust or power, or transfer in any other mode or
j form of or with respect to the Agreement or the Property, or any
part thereof or any interest therein, or any contract or agreement
to do any of the SdDie, without the prior written approval of the
City: Provided, that prior to the issuance by the City of the
certificate provided by in Section 306 hereof as to completion of
construction of the Improvements, the Redeveloper may enter into
any agreement to sell, lease, or otherwise transfer, after the
issuance of such certificate, the Property or any part thereof or
interest therein, which agreement shall not provide for payment of
or on account of the purchase price or rent for the Property, or
the part thereof or the interest therein to be so transferred,
prior to the issuance of such certificate.
(b) The City shall be entitled to require, except as otherwise
provided in the Agreement, as conditions to any such approval
that:
Any proposed transferee shall have the qualifications and
financial responsibility, as determined by the City,
necessary and adequate to fulfill the obligations under-
taken in the Agreement by the Redeveloper (or, in the
event the transfer is of or relates to part of the
Property, such obligations to the extent that they relate
to such part).
(2) Any proposed transferee, by instrument in writing satis-
factory to the City and in form recordable among the land
records, shall, for itself and its successors and assigns,
and expressly for the benefit of the City, have expressly
assumed all of the obligations of the Redeveloper under
the Agreement and agreed to be subject to all the condi-
tions and restrictions to which the Redeveloper is sub-
ject (or, in the event the transfer is of or relates to
part of the Property, such obligations, conditions, and
restrictions to the extent that they relate to such
part): Provided, that any instrument or agreement which
purports to transfer any interest whatsoever caused by
this agreement without the express written approval of
the City, is null and void.
(3) There shall be submitted to the City for review all
instruments and other legal documents involved in effecting
transfer; and if approved by the City, its approval shall
be indicated to the Redeveloper in writing.
(4) The consideration payable for the transfer by the trans-
feree or on its behalf shall not exceed an amount repre-
senting the actual cost (including carrying charges) to
the Redeveloper of the Property (or allocable to the part
thereof or interest therein transferred) and the Improve-
ments, if any, theretofore made thereon by it; it being
the intent of this provision to preclude assignment of
the Agreement or transfer of the Property for profit
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pril'�;o the issuance of the certifir"- of completion as
set forth in Section 306 of this Agre,, ent. The City
shall be entitled to increase the Purchase Price to the
Redeveloper by the amount that the consideration payable
for the assignments or transfer is in excess of the
amount that may be authorized pursuant to this sub-
division (4), and such consideration shall, to the extent
it is in excess of the amount so authorized, belong to
and forthwith be paid to the City.
(5) The Redeveloper and its transferee shall comply with such
other conditions as the City may find desirable in order
to achieve and.safeguard the purposes of the Urban
Renewal Act and the Urban Renewal Plan.
Provided, that in the absence of specific written agreement by the
City to the contrary, no such transfer or approval by the City
thereof shall be deemed to relieve the Redeveloper, or any other
party bound in any way by the Agreement or otherwise with respect
to the construction of the Improvements, from any of its obli-
gations with respect thereto.
SECTION 504. INFORMATION AS TO HOLDERS OF INTEREST IN REDEVELOPER. In
order to assist in the effectuation of t e purposes of this Article
V and the statutory objective's generally, the Redeveloper agrees
that during the period between execution of the Agreement and
completion of the Improvements as certified by the City,
(a) the Redeveloper will promptly notify the City of any and all
changes whatsoever in the ownership or control of interest,
legal or beneficial, or of any other act or transaction
involving or resulting in any change in the ownership of such
interest or in the relative distribution thereof, or with
respect to the identity of the parties in control of the
Redeveloper or the degree thereof, of which it or any of its
officers have been notified or otherwise have knowledge or
information; and
(b) the Redeveloper shall at such time or times as the City may
request, furnish the City with a complete statement, sub-
scribed and sworn to by the President or other executive
officer of the Redeveloper, setting forth all of the holders
of interest in the Redeveloper and the extent of their re-
spective holdings, and in the event any other parties have a
beneficial interest in such holdings their names and the
extent of such interest, all as determined or indicated by the
records of the Redeveloper, any specific inquiry made by any
such officer, of all parties who on the basis of all such
records own ten (10) percent or more of the interest in the
Redeveloper, and by such other knowledge or information as
such officer shall have. Such lists, data, and information
shall in any event be furnished the City immediately prior to
the delivery of the Deed to the Redeveloper and as a condition
precedent thereto, and annually thereafter on the anniversary
of the date of the Deed until the issuance of a certificate of
completion of all the Property.
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ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
SECTION 601. LIMITATION UPON ENCUMBRANCE OF PROPERTY_. Prior to the
completion of the Improvements, as c— e Y _`i3Ty the City, neither
the Redeveloper nor any successor in interest to the Property or
any part thereof shall engage in any financing or any other trans-
action creating any mortgage or other encumbrance or lien upon the
Property, whether by express agreement or operation of law, or
suffer any encumbrance or lien to be made on or attach to the
Property, except for the purposes of obtaining
(a) funds only to the extent necessary for making the Improvements,
and
(b) such additional funds, if any, in an amount not to exceed the
Purchase Price paid by the Redeveloper to the City.
The Redeveloper (or successor in interest) shall notify the City in
advance of any financing, secured by mortgage or other similar lien
instrument, it proposes to enter into with respect to the Property,
or any part thereof, and in any event it shall promptly notify the
City of any encumbrance or lien that has been created on or attached
to the Property, whether by voluntary act of the Redeveloper or
otherwise. For the purposes of such mortgage financing as may be
made pursuant to the Agreement, the Property may, at the option of
the Redeveloper (or successor in interest), be divided into several
parts or parcels, provided that such subdivision, in the opinion of
the City, is not inconsistent with the purposes of the Urban Renewal
plan and the Agreement and is approved in writing by the City.
SECTION 602. MORTGAGEE NOT OBLIGATED TO CONSTRUCT. Notwithstanding any
'
of the provisions of the Agreement, including but not limited to
1 those which are or are intended to be covenants running with the
land, the holder of any mortgage authorized by the Agreement (includ-
ing any such holder who obtains title to the Property or any part
thereof as a result of foreclosure proceedings, or action in lieu
thereof, but not including (a) any other party who thereafter
obtains title to the Property or such part from or through such
holder, or (b) any other purchaser at foreclosure sale other than
the holder of the mortgage itself) shall in no wise be obligated by
the provisions of the Agreement to construct or complete the Improve-
ments or to guarantee such construction or completion; nor shall
any covenant or any other provision in the Deed be construed to so
obligate such holder: Provided, that nothing in this Section or
any other Section or proviicion of the Agreement shall be deemed or
construed to permit or authorize any such holder to devote the
Property or any part thereof to any uses, or to construct any
improvements thereon, other than those uses or improvements provided
or permitted in the Urban Renewal Plan and in the Agreement.
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SECTION 603. COPY OF NOTICE OF DEFAULT TO MORTGAGLL. Whenever the City
s a de Iver any notice or demand to the Redeveloper with respect
to any breach or default by the Redeveloper in its obligations or
1 covenants under the Agreement, the City shall at the same time
forward a copy of such notice or demand to each holder of any
mortgage authorized by the Agreement at the last address of such
holder shown in the records of the City.
SECTION 604. MORTGAGEE'S OPTION TO CURE DEFAULTS. After any breach or
e au t re erre to in ectton 603 he—re-oT—,each such holder shall
(insofar as the rights of the City are concerned) have the right,
at its option, to cure or remedy such breach or default (or such
breach or default to the extent that it relates to the part of the
Property covered by its mortgage) and to add the cost thereof to
the mortgage debt and the lien of its mortgage: Provided, that if
the breach or default is with respect to construction o the
Improvements, nothing contained in this Section or any other
Section of the Agreement shall be deemed to permit or authorize
such holder, either before or after foreclosure or action in lieu
thereof, to undertake or continue the construction or completion of
the Improvements (beyond the extent necessary to conserve or protect
i Improvements or construction already made) without first having
expressly assumed the obligation to the City, by written agreement
satisfactory to the City, to complete, in the manner provided in
the Agreement, the Improvements on the Property or the part thereof
to which the lien or title of such holder relates. Any such holder
who shall properly complete the Improvements relating to the
Property or applicable part thereof shall be entitled, upon written
request made to the City, to a certification or certifications by
the City to such effect in the manner provided in Section 305 of
the Agreement, and any such certification shall, if so requested by
such holder mean and provide that any remedies or rights with
respect to recapture of or reversion or revesting of title to the
Property that the City shall have or be entitled to because of
failure of the Redeveloper or any successor in interest to the
Property, or any part thereof, to cure or remedy any default with
respect to the construction of the Improvements on other parts or
parcels of the Property, or became of any other default in or
breach of the Agreement by the Redeveloper or such successor, shall
not apply to the part or parcel of the Property to which such
certification relates.
ON 605. CITY'S OPTION TO PAY MORTGAGE DEBT OR PURCHASE PROPERTY.
III any case, where, Subsequent to eau t or reac y t e Re e-
veloper (or successor in interest) under the Agreement, the holder
of any mortgage on the Property or part thereof
(a) has, but does not exercise, the option to construct or complete
the Improvements relating to the Property or part thereof
covered by its mortgage or to which it has obtained title, and
such failure continues for a period of sixty (60) days after
the holder has been notified or informed of the default or
breach; or
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(b) undertakes construction or completion of the Improvements but
does not complete such construction within the period as
agreed upon by the City and such holder (which period shall in
any event be at least as long as the period prescribed for
such construction or completion in the Agreement), and such
default shall not have been cured within sixty (60) days after
written demand by the City so to do,
the City shall (and every mortgage instrument made prior to comple-
tion of the Improvements with respect to the Property by the Re-
developer or successor in interest shall so provide) have the
option of paying to the holder the amount of the mortgage debt and
securing an assignment of the mortgage and the debt secured thereby,
or, in the event ownership of the Property (or part thereof) has
vested in such holder by way of foreclosure or action in lieu
thereof, the City shall be entitled, at its option, to a conveyance
to it of the Property or part thereof (as the case may be) upon
payment to such holder of an amount equal to the sum of: (i) the
mortgage debt at the time of foreclosure or action in lieu thereof
(less all appropriate credits, including those resulting from
collection and application of rentals and other income received
during foreclosure proceedings); (ii) all expenses with respect to
I the foreclosure; (iii) the net expense, if any (exclusive of general
overhead), incurred by such holder in and as a direct result of the
subsequent management of the Property; (iv) the costs of any Improve-
ments made by such holder; and (v) an amount equivalent to the
interest that would have accrued on the aggregate of such amounts
had all such amounts become part of the mortgage debt and such debt
had continued in existence.
SECTION 606. CITY'S OPTION TO CURE MORTGAGE DEFAULT. In the event of a
efau t or reac prior to the comp ,tion of the Improvements by
the Redeveloper, or any successor in interest, in or of any of its
obliqations under, and to the holder of, any mortgage or other
instrument creating an encumbrance or lien upon the Property or
part thereof, the City may at its option cure such default or
breach, in which cases the City shall be entitled, in addition to
and without limitation upon any other rights or remedies to which
it shall be entitled by the Agreement, operation of law, or other-
wise, to reimbursement from the Redeveloper or successor in interest
of all costs and expenses incurred by the City in curing such
default or breach and to a lien upon the Property (or the part
thereof to which the mortgage, encumbrance, or lien relates) for
such reimbursement: Provided, that any such lien shall be subject
always to the lien of-T'in—cTucTing any lien contemplated, because of
advances yet to be made, by) any then existing mortgages on the
Property authorized by the Agreement.
SECTION 607. MORTGAGE AND HOLDER. For the purposes of the Agreement:
The term "mortgage shall include a deed of trust or other instrument
creating an encumbrance or lien upon the Property, or any part
thereof, as security for a loan. The term "holder" in reference to
a mortgage shall include any insurer or guarantor of any obligation
MICROFILMED BY
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or condition s^'red by such mortgage or deed c ^ rust, including,
but not limited to, the Federal Housing Colmnissioner, the Admin-
istrator of Veterans Affairs, and any successor in office of either
such official.
ARTICLE VII. REMEDIES
SECTION 701. IN GENERAL. Except as otherwise provided in the Agree-
ment, in the event of any default in or breach of the Agreement, or
any of its terms or conditions, by either party hereto, or any
successor to such party, such party (or successor) shall, upon
written notice from the other, proceed immediately to cure or
remedy such default or breach, and, in any event, within sixty (60)
days after receipt of such notice. In case such action is not
taken or not diligently pursued, or the default or breach shall not
be cured or remedied within a reasonable time, the aggrieved party
may institute such proceedings as may be necessary or desirable in
its opinion to cure and remedy such default or breach, including,
but not limited to, proceedings to compel specific performance by
the party in default or breach of its obligations.
SECTION 702. TERMINATION BY REDEVELOPER PRIOR TO CONVEYANCE. In the
event that the City does not tender conveyance of the Property, or
possession thereof, in the manner and condition, and by the date,
provided in this Agreement, and any such failure shall not be cured
within sixty (60) days after the date of written demand by the
Redeveloper, and the City is unable to demonstrate, to the rea-
sonable satisfaction of the Redeveloper that the defects, cloud, or
other deficiencies in or on title involved, or the part of the
property to which it relates, is of such nature that the Rede-
veloper will not be hampered or delayed in the construction of the
improvements by taking title and possession subject to such defects,
the City will refund to the Developer any good faith deposit tendered
by the Redeveloper for such property or the portion of said good
faith deposit reasonable allocable to the portion of the property
not conveyed and this agreement with respect to the property not
conveyed shall be terminated,rop vided, it is hereby expressly
agreed that in the event this agreement is terminated pursuant to
I this Section each party to this agreement shall be solely responsible
for all expenses incurred or obligated by it and shall have no
f claim against the other party.
SECTION 703. TERMINATION BY CITY PRIOR TO CONVEYANCE. In the event
that prior to conveyance of the Property to the Redeveloper, the
1 Redeveloper is in violation of Section 502 of Part II of this
Agreement or the Redeveloper does not pay the Purchase Price and
take title to the Property upon tender of conveyance by the City
pursuant to this Agreement, or the Redeveloper fails to cure any
default or failure within thirty (30) days from the date of written
demand by the City, then this Agreement, and any rights of the
Redeveloper, or any assignee or transferee, in this Agreement, or
arising therefrom with respect to the City or the Property, shall,
at the option of the City, be terminated by the City, in which
event, as provided in Paragraph C, Section 3 of Part I hereof, the
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MICROFILMED BY
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Deposit or any portion theroof umy he retained by the City as
liquidated damagos dnd as it% property without ,Illy deduct:ion,
offset, or recoupment whatsoever, dnd ru(ther Lhe Redevvioper (or
assignee or transferee) nor the City shall have any further rights
against or liability under this Agreement to the other in respect
to the property or part thereof for which the deposit has been
retained.
SECTION 704. REVESTING TITLE IN CITY SIIBSUL ENT TO CONVEYANCE TO REUEVELOPER.
In tTie event that subsequent to conveyance of the Property or any
part thereof to the Redeveloper and prior to completion of the
Improvements as certified by the City
(a) the Redeveloper does not submit plans as required by the
Agreement in satisfactory form and in the manner and by the
dates respectively provided in this Agreement; or
(b) the Redeveloper (or successor in interest) shall default in or
violate its obligations with respect to the construction of
the Improvements (including the nature and the dates of for
the beginning and completion thereof), or shall abandon or
substantially suspend construction work, and any such default,
violation, abandonment, or suspension shall not be cured,
ended, or remedied within ninety (90) days after written
demand by the City; or
(c) the Redeveloper (or successor in interest) shall fail to pay
real estate taxes or assessments on the Property or any part
thereof when due, or shall place thereon any encumbrance or
lien unauthorized by the Agreement, or shall suffer any levy
or attachment to be made, or any materialmen's or mechanics'
lien, or any other unauthorized encumbrance or lien to attach,
and such taxes or assessments shall not have been paid, or the
encumbrance or lien removed or discharged or provision satis-
factory to the City made for such payment, removal, or discharge,
within ninety (90) days after written demand by the City; or
(d) the Redeveloper violates the provision of Section 502 of Part
II of this Agreement and such violation shall not be cured
within sixty (60) days after written demand by the City to the
Redeveloper,
then the City shall have the right to re-enter and take possession
of the Property and all Improvements located thereon and to terminate
(and revest in the City) the property conveyed by the Deed to the
Redeveloper, it being the intent of this provision, together with
other provisions of the Agreement, that the conveyance of the
Property to the Redeveloper shall be made upon, and that the Deed
shall contain, a condition subsequent to the effect that in the
event of any default, failure, violation, or other action or ildction
by the Redeveloper specified in subdivisions (a), (b), (c) and (d)
of this Section 704, failure on the part of the Redeveloper to
remedy, end, or abrogate such default, failure, violation, or other
action or inaction, within the period and in the manner stated in
such subdivisions, the City at its option may declare a termination
in favor of the City of the title, and of all the rights and interests
in and to the Property conveyed by the Deed to the Redeveloper and
II -15
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Improvements constructed thereon, and that suc., title and all
rights and interests of the Redeveloper, and any assigns or suc-
cessors in interest to and in the Property and any Improvements
constructed thereon, shall revert to the City: Provided, that such
condition subsequent and any revesting of title as a result thereof
in the City
(1) shall always be subject to and limited by, and shall not
defeat, render invalid, or limit in any way, (i) the lien of
any mortgage authorized by the Agreement, and 00 any rights
or interests provided in the Agreement for the protection of
the holders of such mortgages; and
(2) shall not apply to individual parts or parcels of the Property
(or, in the case of parts or parcels leased, the leasehold
interest) on which the Improvements to be constructed thereon
have been completed in accordance with the Agreement and for
which a certificate of completion is issued therefor as
provided in Section 305 hereof.
In addition to and without in any way limiting the City's
- ! right to re-entry as provided for in this Section, the City
shall have the right to retain the Deposit or any portion
thereof, as provided in Paragraph C, Section 3 of Part I
hereof, without any deduction, offset or recoupment what-
soever, in the event of a default, violation or failure of the
Redeveloper as specified in this Section.
j
SECTION 705. RESALE OF REAC UIRED PROPERTY; DISPOSITION OF PROCEEDS.
Upon t e revesting in t e City of tit a to t e Property an any
Improvements thereon, or any part thereof as provided in Section
704, the City shall, pursuant to its responsibilities under State
law, use its best efforts to resell the Property or part thereof
(subject to such mortgage liens and leasehold interests as in
Section 704 set forth and provided) as soon and in such manner as
the City shall find feasible and consistent with the objective of
making or completing the Improvements or such other improvements in
their stead as shall be satisfactory to the City and in accordance
with the uses specified for such Property or part thereof in the
Urban Renewal Plan. Upon such resale of the Property, the proceeds
thereof shall be applied:
(a) First, to reimburse the City, on its own behalf, for all costs
and expenses incurred by the City, including but not limited
to salaries of personnel, in connection with the recapture,
management, and resale of the Property or part thereof (but
less any income derived by the City from the Property or part
thereof in connection with such management); all taxes,
assessments, and water and sewer charges with respect to the
Property or part thereof (or, in the event the Property is
exempt from taxation or assessment or such charges during the
period of ownership thereof by the City, the amount, if paid,
equal to such taxes, assessments, or charges (as determined by
the City assessing official) as would have been payable if the
Property or part thereof at the time of revesting of title
II -16
MICROFILMED BY
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thereto in the City or to discharge or prevent from attaching
or being made any subsequent encumbrances or liens due to
obligations, defaults, or acts of the Redeveloper, its successors
or transferees; any expenditures made or obligations incurred
with respect to the making or completion or removal of the
Improvements or any part thereof on the Property or part
thereof; and any amounts otherwise owing the City by the
Redeveloper and its successor or transferee; and
(b) Second, to reimburse the Redeveloper, its successor or trans-
feree, up to the amount amount equal to (1) the sum of the
purchase price paid by it for the Property (or allocable to
the part thereof) and the cash actually invested by it in
making any of the Improvements on the Property or part thereof,
unless (2) any gains or income withdrawn or made by it from
the Agreement or the Property.
Any balance remaining after such reimbursements shall be retained
by the City as its property.
ION 706. OTHER RIGHTS AND REMEDIES OF CITY; NO WAIVER BY DELAY.
The City shall ave the right to institute sucT actions or proceed-
ings as it may deem desirable for effectuating the purposes of this
Article VII, including also the right to execute and record or file
among the public land records in the office in which the Deed is
recorded a written declaration of the termination of all the right,
title, and interest of the Redeveloper, and (except for such
individual parts or parcels upon which construction of that part of
the Improvements required to be constructed thereon has been
completed, in accordance with the Agreement, and for which a certi-
ficate of completion as provided in Section 305 hereof is to be
delivered, and subject to such mortgage liens and leasehold interests
as provided in Section 704 hereof) its successors in interest and
assigns, in the Property, and the revesting of title thereto in the
City; Provided, that any delay by the City in instituting or
prosecuting any such actions or proceedings or otherwise asserting
its rights under this Article VII shall not operate as a waiver of
such rights or to deprive it of or limit such rights in any way (it
being the intent of this provision that the City should not be
constrained (so as to avoid the risk of being deprived of or
limited in the exercise of the remedy provided in this Section
because of concepts of waiver, laches, estoppel, or otherwise) to
exercise such remedy at a time when it may still hope otherwise to
resolve the problems created by the default involved); nor shall
any waiver in fact made by the City with respect to any specific
default by the Redeveloper under this Section be considered or
treated as a waiver of the rights of the City with respect to any
other defaults by the Redeveloper under this Section or with
respect to the particular default except to the extent specifically
waived in writing.
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1
SECTION 707. IMPOSSIBILITY OF PERFORM/INCE BY CITY PRfOR TO CONVEYANCE Of
PROPERTY. Shou�at any time prior -£o the conveyance of Ti-M-16.
any Property under this Agreement, the City of Iowa L'ity, Iowa be
enjoined from such conveyance or prevented from so doing b•V any
order av, decision or act of any judicial, legislative or executive
body having authority it, the premises, the City at its option may
terminate this Agreement and any obligations Incurred by either
party shall cease. In the event of such termination, the City
shall not be responsible for any damages, expenses or costs incurred
by the Redeveloper by reason of such termination. It is further
agreed and understood
failure that the City shall have no liability for
to deliver title to such Property or any part thereof to
the Redeveloper after making a good faith attempt to do so.
-- -•• urrIJ1: 1KLtU UELAY IN PERFORMANCE FOR CAUSE BEYOND CONTROL OF
P RTY. Forte purposes of any o t e provisions of the greement,
ne ti her the City nor the Redeveloper, as the case may be
successor in interest, shall be considered in breach of, orodefan
aultin, its obligations with respect to this Agreement in the event of
enforced delay in the performance of such obligations due to unfore-
seeable causes beyond its control and without its fault or negligence,
including, but not restricted to, acts of God, acts of the public
enemy, acts of the other party, fires, floods, epidemics, quarantine
restrictions, strikes, and usually severe weather or delays of
subcontractors due to such causes; it being the purpose and intent
i of this provision that in the event of the occurrence of any such
enforced delay, the time or times for performance of the obligations
of the City or of the Redeveloper under this Agreement, as the case
may be, shall be extended for the period of
determined by the City: the enforced delay as
Provided, That the party seeking the
benefit of the provisions of
days after the beginning of ao _ Section shall, within ten (10)
i notified the other party thereofsinhwriting, andrced thethevcause sor
i causes thereof, and requested an extension for the period of the
enforced delay.
SECTION 709. RIGHTS AND REMEDIES CUMULATIVE. The rights and remedies
Ag t e parties to the Agreement, whether provided by law or by the
Agreement, shall be cumulative, and the exercise by either party of
any one or more of such remedies shall not preclude the exercise by
it, at the same or different times, of any other such remedies for
the same default or breach or of any of its remedies for any other
default or breach by the other party. No waiver made by either
such party with respect to the performance, or manner or time
thereof, or any obligation of the other party or any condition to
Its own obligation under the Agreement shall be considered a waiver
of any rights of the party making the waiver with respect to the
particular obligation of the other party or condition to its own
S obligation beyond those expressly waived in writing and to the
extent thereof, or a waiver in any respect in regard to any other
rights of the party making the waiver or any other obligations of
the other party.
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SECTION 710. PARTY IN POSITION OF SURETY WITH RESPECT TO OBLIGATIONS.
or
e Re eve oper, or its, an:!:I:::n assigns
successors a, an f
all other persons who are or who shall become, whether by express
or implied assumption or otherwise, liable upon or subject to any
obligation or burden under the Agreement, hereby waives, to the
fullest extent permitted by law and equity, any and all claims or
defenses otherwise available on the ground of its (or their) being
or having become a person in the position of a surety, whether
real, personal, or otherwise or whether by agreement or operation
of law, including, without limitation on the generality of the
foregoing, any and all claims and defenses based upon extension of
time, indulgence, or modification of terms of contract.
ARTICLE VIII. MISCELLANEOUS
3culluN aul. CONFLICT OF INTERESTS; CITY REPRESENTATIVES NOT INDIVID
o mem er, o Icia or emp oyee o t e Ity s all
ave�sonal interest as defined in Chapter 403, Code of Iowa
1917, direct or indirect, in the Agreement, nor shall any such
member, offical, or employee participate inany decision relating
to the Agreement which affects his personal interests or the
interests of any corporation, partnership, or association in which
he is, directly or indirectly, interested. No member, official, or
pe Personlly labe to the
orany ysuccessor Cin interest, inrtheaeventloflany defaultdorebreach
by the City or for any amount which may become due to the Rede-
veloper or successor or on any obligations under the terms of the
Agreement.
SECTION 802. Mimi EMPLOYMENT OPPPORTUNITY. The Redeveloper, for
tse an its successors an assigns, agrees that during the
construction of the Improvements provided for in the Agreement:
(a) The Redeveloper will not discriminate against any employee or
applicant for employment because of race, color, religion,
sex, disability, sexual orientation, marital status, or
national origin. The Redeveloper will take affirmative action
to insure that applicants are employed, and that employees are
treated during employment, without regard to their race,
color, religion, sex, disability, sexual orientation, marital
status, sex, or national origin. Such action shall include,
but not be limited to, the following: employment, upgrading,
demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compen-
sation; and selection for training, including apprenticeship.
The Redeveloper agrees to post in conspicuous places, available
to employees and applicants for employment, notices to be
provided by the City setting forth the provisions of this
nondiscrimination clause.
(b) The Redeveloper will, in all solicitations or advertisements
for employees placed by or on behalf of the Redeveloper, state
that the Redeveloper is an equal opportunity employer.
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(c) The Redeveloper will send to each labor union or representative
of workers with which the Redeveloper has a collective bargaining
agreement or other contract or understandinn, a notice, to be
provided, advising the labor union or workers' representative
of the Redeveloper's commitments under Section 202 of Executive
Order 11246 of September 24, 1965, and shall post copies of
the notice in conspicuous places available to employees and
applicants for employment.
(d) The Redeveloper will comply with all provisions of Executive
Order 11246 of September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor.
(e) The Redeveloper will furnish all information and reports
required by Executive Order 11246 of September 24, 1965, and
by the rules, regulations, and orders of the Secretary of
Labor or the Secretary of Housing and Urban Development pursuant
thereto, and will permit access to the Redeveloper's books,
records, and accounts by the City, the Secretary of Labor for
purposes in investigation to ascertain compliance with such
rules, regulations, and orders.
(f) In the event of the Redeveloper's noncompliance with the non-
discrimination clauses of this Section, or with any of the
said rules, regulations, or orders, the Agreement may be
canceled, terminated, or suspended in whole or in part and the
Redeveloper may be declared ineligible for further Government
contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246
of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of
September 24, 1965, or by rule, regulation, or order of the
Secretary of Labor, or as otherwise provided by law.
(g) The Redeveloper will include the provisions of Paragraphs (a)
through (g) of this Section in every contract or purchase
order, and will require the inclusion of these provisions in
every subcontract entered into by any of its contractors,
unless exempted by rules, regulations, or orders of the Secretary
of Labor issued pursuant to Section 204 of Executive Order
11246 of September 24, 1965, so that such provisions will be
binding upon each such contractor, subcontractor, or vendor,
as the case may be. The Redeveloper will take such action
with respect to any construction contract, subcontract, or
purchase order as the City or the Department of Housing and
Urban Development may direct as a means of enforcing such
provisions, including sanctions for noncompliance: Provided,
however, That in the event the Redeveloper becomes invo e�
in, or is threatened with, litigation with a subcontractor or
vendor as a result of such direction by the City or the Npart-
ment of Housing and Urban Development, the Redeveloper may
request the United States to enter into such litigation to
protect the interests of the United States.
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SECTION 803. PROVISIONS NOT MERGED WITH DEED. None of the provisions
Or the Agreement are intended to or s a be merged by reason of
any deed transferring title to the Property from the City to the
Redeveloper or any successor in interest, and any such deed shall
not be deemed to affect or impair the provisions and covenants of
the Agreement.
SECTION 804. TITLES OF ARTICLES AND SECTIONS. Any titles of the several
parts, Articles, and Sections o t e greement are inserted for
convenience of reference only and shall be disregarded in construing
or interpreting any of its provisions.
M
MICROFILMED BY
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RESOLUTION N0. 79-185
RESOLUTION AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A
RENEWAL AGREEMENT BETWEEN JOHNSON COUNTY, IOWA, AND THE CITY OF IOWA
CITY FOR ELDERLY AND HANDICAPPED TRANSPORTATION SERVICE.
WHEREAS, the parties hereto wish to renew their agreement for
transit services, and
WHEREAS, the parties desire to implement a proposal for elderly and
handicapped transportation service, Iowa City-Coralville-
University Heights metropolitan area, fiscal 1980.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Iowa City that
the Mayor be authorized to sign and the City Clerk to attest an
agreement for transit services.
It was moved by deProsse and seconded by Balmer
the Resolution 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 1st day of May, 1979.
MAYOR
ATTEST: ycli Q�i�h_ E� moa
CITY CL[ iK
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Rt;rr i v�n �� �rRo«n
BY T11); i2l;AL ;.ti: iM71i,
r
i
i
SECOND RENEWAL
OF
AGREEMENT FOR 'TRANSIT SERVICES
This renewal agreement is entered into by and between ,Johnson
County, Iowa, and the City of Iowa City, Iowa, both municipal cor-
porations.
Whereas, the parties hereto wish to renew their agreement for
transit services which is recorded in Book 501 at Page 303 in the
Office of the Johnson County Recorder; and
Whereas, the parties to this renewal desire to implement a Pro-
posal for Elderly and. Handicapped Transportation Service, Iowa City-
Coralville-University Heights bfetropolitaii Area, Fiscal Year 1980,
which proposal is attached hereto as Exhibit "A" and by this re-
ference made a part hereof;
Now, therefore, be it agreed by and between Johnson County, Iowa,
and the City of Iowa City, Iowa, as follows:
I. The second renewal term of this agreement shall commence
July 1, 1979, and continue for one year through and including June 30,
1980.
2. Paragraph 4(A) of the original agreement, as amended, is
'further amended by deleting the term 1174" in line three and sub-
stituting therefore the term 1164".
3. Paragraph 4(C) of the original agreement is amended by de-
leting the entire language thereof and substituting tile, following:
"C• The County shall request a 50¢ one-way donation
to help defray operating•'costs for the following year;
MICROFILMED BY
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-z -
in the event this agreement is not renewed for
future years, Johnson County will pay all accrued
donations received during fiscal 1980 to the City
of Iowa City.
4. In consideration of the County's agreement to provide
special elderly and handicapped transit service as herein pro-
vided, the City of Iowa City agrees to pay to Johnson County the
sum of $37,655.07, less accrued donations as of June 30, 1979,
for the one-year period covered by this contract.
S. In all other respects, the original agreement between the
parties remains in full force and effect.
6. This renewal agreement shall be filed with the Secretary of
the State of Iowa and the County Recorder of .Johnson County, Iowa.
Dated this 14t day of LJ
1979.
CITY OF IOIVA CITY, IOIVA
JOHNSON COUNTY, IOIYA
Ro er6 t Vevera Don Seh Clairmau
Mayor Board of Supervisors
Attest:
Attest:
City C c l� Conn
i or
�J
FxCLiVM b 6YT
BY SHE LEGAL •- ��
MICROFILMED BY
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CEDAR RAP IDS-DE S M0111ES
AGREEMENTS/CONTRACTS
Attached are unexecuted copies of
as Signed by the Mayor.
After their execution by the second party, please route
1) Z -OL SUIn co -u -i
2) 1`eee�cQw
3)
4)
5)
M k2P ie to be responsible for
completion of this procedure. After receipt of originally signed
document from you, a xerox copy will be returned to your office
Abbie Stolfus, CMC
City Clerk
MICROFILMED BY
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MICROFILMED BY
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