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HomeMy WebLinkAbout1979-05-01 ResolutionRESOLUTION NO. 79-182 i 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 j 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 j 4 ; zi 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 i i 0 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 . .......... I i t i I I I I I I 1 I i f 'I i ll, 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, i 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---_----_--------------- - (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. i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 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. i 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 -------------- j I j I 1 REDEVELOPER , i I BY: + PRESIDENT L, ATTEST: i SECRETARY '. _ i i I I 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 JORM MICROLAB CEDAR RAPIDS•DES MOINES 4 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. j - I 1 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 i I i i _I i i i , , 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 r 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. 11-2 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 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. 11-3 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DIES MOIRES 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, Il -4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 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. 1I-5 FIICROFIIMED BY JORM MICROLAB CEDAR RAPIDS•DES 140111ES 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 II -6 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 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 11-7 MICROFILMED BY R JORM MICROLAB CEDAR RAPIDS -DES MOINES 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 li-8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES nolnEs 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 II -9 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES f4olrgs 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. II -10 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 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. / MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I401flEs 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 11-12 MICROFIL14ED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (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 JORM MICROLAB CEDAR RAPIDS•DES MOIRES 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 11-14 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40111ES 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 / MICROFILMED BY — JORM MICROLAB CEDAR RAPIDS -DES 110114Es 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 JORM MICROLAB CEDAR RAPIDS -DES MOLNES 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. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 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. MICRCIFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 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. 11-19 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES (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. 11 -20 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401t4ES 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 JORM MICROLAB CEDAR RAPIDS•DES MINES 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 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 140111ES 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 JORM MICROLAB CEDAR RAPIDS -DES MOINES -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 JORM MICROLAB 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 JORM MICROLAB CEDAR RAPIDS -DES I4011jEs MICROFILMED BY JORM MICROLAB