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HomeMy WebLinkAbout1979-12-11 ResolutionRESOLUTION NO. 79-548 RESOLUTION APPROVING CLASS C LIQUOR CONTROL LICENSE APPLTn-rM BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class C Liquor Control License application is hereby approved7or the following named person or persons at the following described location: Jay Rarick and Terry O'Brien dba The Vine, 529 S. Gilbert St. Said approval shall be subject to any conditions or re- strictions hereafter imposed by ordinance or State law. The City Clerk shall rause a recommendation Eor approval to he endorsed upon the application and forward the same together with the license fee, certificate of financial responsibility, surety bond, sketch of the premises and all other information or documents required to the Iowa Beer and Liquor Control Department. It was moved by Balmer and seconded by �� that the Resolution as Fes- Fe adopted, and upon rolf'cali there were: AYES: NAYS: ABSENT: Balmer x deProsse x _— i Erdahl j x — Neuhauser x Perret x Roberts i x — Vevera x Passed and approved this 11th day of December 19 79. Mayor Attest: 0 Pi i City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES RESOLUTION NO. 79-549 RESOLUTION TO REFUND CIGARETTE PERMIT WHEREAS, Iowa City Vending dba SearsRoebatk Sycamore Mall in Iowa City, Iowa, has surrendered cigarette permit No. 80-117 , expiring June 30th , 19 80 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that cigarette permit No. 80-117 , issued to Iowa City Vending be cancelled, and BE IT FURTHER RESOLVED that the Mayor and City Clerk be and they are hereby authorized and directed to draw a warrant on the General Fund in the amount of $ 50.00 , payable. to Iowa City Vending Jay Shaw as a refund on -cigarette permit No. 80-117. It was moved by Balmer and seconded by Ferret that the Tlesolution as read be adopted, and upon roll call there were: AYES; JYS: ABSENT: Balmer x deProsse x Erdahl _ x Neuhauser x Perret x Roberts x Vevera x Passed and approved this lithday ��✓���ofDecember , 19 79 Mayor Attest: _IL "ad, IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110 RTES aas5 � RESOLUTION NO. 79-550 RESOLUTION ACCEPTING THE WORK CENTRA B SIN SS OICTRifT STRFFTcrgpE IMPROVEMENT PHASE II-A PROJECT WHEREAS, the Engineering Department has recommended that the im- provement covering the Central Business District Phase II- roJect Streetsca e as included in a contract between the City of Iowa City and Metro Pavers, Inc. Of Iowa City, Iowa dated July 17, 1979 be accepted, AND WHEREAS, the Council finds the improvement is in place and does comply with the requirements for such improvements, AND WHEREAS, maintenance bonds have been filed, NOW THEREFORE, BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be hereby accepted by the City of Iowa City, Iowa, It was moved by Balmer and seconded by Pe rret ithat the resolution as rea e a opts , and upon roll call there were: AYES: NAYS: ABSENT: BALMER x DEPROSSE x ERDAHL x NEUHAUSER x PERRET x ROBERTS x I VEVERA x _ Passed and approved this lith day of December 1979 Mayor ATTEST:{�� City Clerk Recalvrd $ Apprmv^_d By Tha Legal DeparL•n^nf aa�4 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES , CITY OF CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA CITY IOWA 52240 (319) 354.180 ENGINEER'S REPORT December 5, 1979 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Central Business District Streetscape Improvement Phase II -A as constructed by Metro Pavers, Inc. of Iowa City, Iowa. The final cost is $426,260.45. The contract was for 9 to the parking ramp entrance uwhichhwasadeletedent adjacent uc detotconflict with the ramp construction. This work will be done either with Phase II -B or by separate contract. r I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. Respec llyXr mitted, i � i Eugene A. Dietz, P.E. City Engineer I EAD/jp cc: City Plaza II IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MO MES ■ RESOLUTION NO. 79-551 RESOIIl"N AO.^.EE IMG PAV M NT AND TORM SEWER AND THE BOX CULVERT FOR THE BDI SPECIAL ASSESSMENT PROJECT *07AS, the Engineering Department has certified that the following i"Provements have been completed in accordance with plans and specifications of the City of Iowa City, The BDI Special Assessment Project: Part A - box culvert construction as completed by Cedar Hills Construction of Oxford, Iowa. Part B - pavement and storm sewer construction as completed ' by Metro Pavers of Iowa City, Iowa. i i AND WHEREAS, Maintenance Bonds forMetro Pavers & Cedar Hills COnc r. tion are on 1 file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City, It was moved by Balmer and seconded by Ferret that the Resolution as r be accepted, and upon roll call tTTere were. 1 I AYES: NAYS: ABSENT: i BALMER x — DEPROSSE x + ERDAHL x NEUHAUSER x PERRET x ROBERTS x VEVERA x i Passed and approved this 11th day of December , 19 79 I Mayor ATTEST: City Clerk Received & Approved By The L gal Department d.a57 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES OF IOWA CITY CITY WA 52240 (319) 354-180DCIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IO I ENGINEER'S REPORT December 5, 1979 1 Honorable Mayor and City Council Iowa City 1 Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans f the Engineering Division of the City of Iowa and specifications o City. box culvert TheSpecial Assessment Project: Part A con - by Cedar Hills Construction of I construction cttion as completed pavement and storm sewer construction Oxford, Iowa. Part B - as completed by Metro Pavers of Iowa City, Iowa. I hereby recommend that atythe above mentioned improvements be accepted by the City o Respectfully submitted, I ene ��` �E. Eu A. Dietz, City Engineer EAD/jp MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES i j RESOLUPION M. 7 9- 5 5 2 RFS=ION ACCEPTING SANITARY SEWER IMPROVEMENTS IN WINDSHIRE WHEREAS, the Engineering Department has certified that the following improvements have been completed in accordance with plans and specifications of the City of Iowa City, Sanitary sewer lines from existing manhole number 8 to manhole number 8-1 and from manhole number 8-1 to manhole number 8-2 in Windshire (which is an amended large scale residential development of lots 3 and 4 of Westwinds) as constructed by Knowling Brothers Contracting Company of Sharon Center, Iowa. Sanitary sewer lines from existing manhole number 7 to manhole number 7-1 and from man- hole number 7-1 to manhole number 7-2 in Windshire will be installed at a later date; escrow will be kept for these improvements until they are built. AMID WHEFEAS, Maintenance Bonds for Knowling Brothers are on file in the City Clerk's Office, NOW THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said hTp v ments be accepted by the City of Iowa City. It Was moved by Balmer and seconded by Perret that the Resolution as read be accepted, and upon roll call there were: RAI MFR DEPROSSE ERDAHL NEUHAUSER PERRET ROBERTS VEVERA AYES: NAYS: X X X X x X X Passed and approved this 11th day of December , 19 79 Mayor ATTEST: ( % City Clerk MICROFItHED BY JORM MICROLAB CEDAR RANDS -DES 140111[5 13y 73h_ Legal Department �a58 �;��� ax�� • acs MAINTENANCE BOND Knots all men by theie pre3ente That KNOWLING BROS, CONTRACTING CO. of Iowa Citv, owa as Principal, and the UNITED FIRE & CASUALTY COMPANY, AN IOWA CORPORATION of CEDAR RAPIDS, IOWA, and authorized to do business In the state of Iowa as Surety, are held and firmly bound unto the CITY OF IOWA CITY IOWA in the penal sum of FOUR THOUSAND, SIX HUNDRED FIFTY FOUR AND 75/100---------------------- Is 4,654.75 J DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, and admfnistrators, successors and assigns. Jointly and severally, firmly by these presents. Signed and delivered this 30th day of Ortob r A. D. 19 ]q with the Melrose Corporation, Iowa City, Iowa Whereas, the said Principal entered into a certain contract,/dated the 9th day of June , 1979 , to furnish all the material and labor necessary for the construction of a Sanitary Sewer at Windshire, Iowa City, Iowa, I In conformity with certain specifications; and I i Whereas, a further condition of said contract is that the said Principal should furnish a bond of Indemnity, guaranteeln t remedy any defects in workmanship or materials that may develop In said work with a period of two 2 years from the date of acceptance of the work under said contract; and Whereas, the said UNITED FIRE & CASUALTY COMPANY, of CEDAR RAPIDS, IOWA, for a valuable consideration, has agreed to Join with said Principal in such bond or guarantee, indemnifying said CITY OF IOWA CITY IOWA as aforesaid; Now, Therefore, the Condition of This Obligation Is Such, that if the said Principal does and shall, at his own cost and expense, remedy any and all defects that may develop in said work, within the period of two (2) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used In the construction of said work, and shall keep all work in continuous good repair during said period, and shall In all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue In law, KNOWLING BROS, CONTRACTING CO, Principal UNITED FIRE & CASUALTY OMPANY UND-2055-b By— Attorney y Artorney-In-factand Iowa Resident Agent 42� o MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES M0 RIES .TED FIRE & CASUALTY COMPANY HOME OFFICE — CEDAR RAPIDS, IOWA CERTIFIED COPY OF POWER OF ATTORNEY (Original on file at Home Office of Company — See Certification) KNOW ALL MEN BY THESE PRESENTS, That the UNITED FIRE & CASUALTY COMPANY,a corporation duly organized and existing under the laws of the State of Iowa, and having its principal office in Cedar Rapids, State of Iowa, does make, con- stitute and appoint Patricia R. Zahn, or L. Pieratt, Jr., or David F. Freiermuth, or Theresa Juhl, or Veronica Monaghan, or Lowell Zapf, all individually. of Waterloo, Iowa its true and lawful Attorneys) -in -Fact with power and authority hereby conferred to sign, seal and execute in its behalf all law• ful bonds, undertakings and other obligatory instruments of similar nature as follows: --Any And All Bonds -- and to bind UNITED FIRE & CASUALTY COMPANY thereby as fully and to the same extent as if such instruments wee signed by the duly authorized officers of UNITED FIRE & CASUALTY COMPANY and all the acts of said Attorney, pursuant to the authority hereby given are hereby ratified and confirmed. The Authority hereby granted shall expire March 1, 1981 unless sooner revoked. This power of Attorney is made and executed pursuant to and by authority of the following By -Law duly adopted by the Board of Directors of the Company on April 18, 1973. "Article V —Surety Bonds and Undertakings." 5<edon 2, Appointment of All0[pey-in•Pac 1. "The Pre" en' er any Vice President, or any olhv officer of the Co- Pany, ma Y, from nme to Ilme, appoint by written eeru"cata allomeynlndacl k, act'n behalf of the Company In the execution of pontes of Insurance, bonds, undertakln4 and other obll". imirumenq of Ilk- nature. The dgnaWm of any officm mlho- rlxed hereby, and the Corynnle sed, may be dflxed by facsimne to any power of attorney nr speeld power of attomeY or ea[- Ilfleatlon of elthe[ authorlred herebyt such signature and mil. when m used, being adopted by the Company a the ort{Incl 2naturc of such oDice[ and the orlgind seal of the Company, to be "did and bind int upon the Company mllh the ume force and th. a though manually affixed. Such allerne ya•in-fact, mbleel In the Ilmllatlom gel forth In their rupecnve eertillufa of mthorltY shill have fWl Dowe[ to bind the Company by their signature and execution of any such Inrtrumen,. and le attach the ¢d of the Company Ihemlo. The PreddenI or any Vlce Predde n t, the mord of Dheclon ar any other officer or the Com- Dmy may et any time tevpNe aR Dowe[ and authority pnvipmly given to any anomeyi.•r¢l. IN WITNESS WHEREOF, the UNITED FIRE & CASUALTY COMPANY has caused these presents CAS0" to be signed by its vice president and its corporate seal to be hereto affixed this 1st 61 RPORAII 6 day of March , A.D. 1979 - o= % SEAL g UNITED FREE By & CASUALTY COMPA jl State of Iowa, County of Linn, ss: ice President On this let day of March 1979 , before me personally came Richard J. Ehlinger to me known, who being by me duly sworn, did depose and say: that he resides in Cedar Rapids, State of Iowa; that he is a Vice President of the UNITED FIRE & CASUALTY COMPANY, the corporation described in and which executed the above instru- ment; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation. t �ppER C. HECNROTH rl COMMI. NE EX"I:ES Notary tuber 30 t9e; y Public My commission expires September 30, 1980 CERTIFICATION 1, the undersigned officer of the UNITED FIRE & CASUALTY COMPANY, do hereby certify that I have compared the fore- going copy of the Power of Attorney and affidavit, and the copy of the Section of the By -Laws of said Company as set forth in said Power of Attorney, with the ORIGINALS ON FILE IN THE HOME OFFICE OF SAID COMPANY, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. Alc^k�In testimony whereof I have hereunto subscribed my name and affixed the corporate seal of the said e �00PPGAditl�i Companythis 30th dayof October 1979 I- U NO—�iig86 Assistant SecIretary aas8 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1t0lt1ES CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT November 19, 1979 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Sanitary sewer lines from existing manhole number 8 to manhole number 8-1 and from manhole number 8-1 to manhole number 8-2 in Windshire (which is an amended large scale residential development of lots 3 and 4 of Westwinds) as constructed by Knowling Brothers Contracting Company of Sharon Center, Iowa. Sanitary sewer lines from existing manhole number 7 to manhole number 7-1 and from manhole number 7-1 to manhole number 7-2 in Windshire will be installed at a later date; escrow will be kept for these improvements until they are built. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. j Res full �spubbmmitted, Eu ene A. Dietz, P.E. {' City Engineer bdw3/13 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS-DEs IIDIIIES RESOLt7TICIN NO. 79-553 RESOLUTION ACCEPTING _PAVING AND STORM SEWER FOR VILLAGE GREEN, PART 10 WHEREAS, the Engineering Department has certified that the following improvernents have been completed in accordance with plans and specifications of the City of Iowa City, Concrete paving and storm inlets as constructed by Metro Pavers, Inc. of Iowa City, Iowa and storm sewer as constructed by Weber Brothers of Mechanicsville, Iowa for Village Green, Part 10, not to include the stormwater detention basins. Weber Brothers & AND WHEREAS, Maintenance Bonds for Metro Pavers, Inc. are on file in the City Clerk's Office, NOW THEREFC)RE BE IT RESOLVED by the City Council of Iowa City, Iowa, that said improvements be accepted by the City of Iowa City. It Was moved by Balmer and seconded by Perret that the Resolution as read be accepted, and upon roll call there were: AYES: NAYS: ABSENT: BALMER x — I DEPROSSE x 1 — ERDAHL x NEUHAUSER x — PERRET x — ROBERTS x VEVERA x — passe and approved this 11th day of December 19 79 Mayor ATTEST: L City Clerk Received & Approved By Tho Legal Department aa59 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRES #386,967 PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF i Know All Men By These Presents: That Metro Pavers, Inc. of. Iowa City, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the City of Iowa City, Iowa in the penal sum of SIXTY NINE THOUSAND EIGHT HUNDRED NINETY SIX AND 71/100-------------------------;$ 69,896.71---- I DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 3rd day of December 79 A.D. 19 _ Whereas, the said Principal entered into a certain contract, dated the 1st � October day of , 19 79 , with the , to furnish all the material and labor necessary for the construction of re,..n c.t� Je,.r./�p�.W,r, �, approximately 5306.67 square yards 7" PCC pavement 3 RA3 intakes 1 RA5 intake 3,328 lineal feet of curbing in Village Green Part X Addition, Iowa City, Iowa I in the City of Iowa City in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of I five (5) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City, Iowd as aforesaid; ( Now, Therefore, the Condition of this Obligation is Such, that the said Principal does an+Ng, J a11 § own cost and expense, remedy any and all defects that may develop in said work, within the period of l ears from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other j respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Approved By ,19_ City Solicitor. METRO PAVERS, INC. Principal 0 MERCHANTS MUTUAL BONDING COMPANY Surety By Attorney- act F IIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOItIES X59 • . __ , MERCHAN `1 MUTUAL BONDIN'^ COMPANY DES MOINES, IOWA POWER OF ATTORNEY Know All Men Hy These Presents, Thal the xu:ar{usss su n u. xnsuts❑ a»nest. a nupurniun July urganiecJ under The laws of the State of and dos b having its principal e. ca in the City of )cs Moines. County of Polk, Stale of Iowa, hash mads, constituted and appointed, and cn by these presents make, asmtitute and appoint INDIVIDUALLY C.B, Condon, G.A. LaM, II, Carl J. cYant Jr. J Norris, F. Melvyn Hrubetz Jams E. Thcrlrson, James P. of and audiDesMoines and m truegeanadnlawful x nmeyi . with full powerh conferred in its namPlace and sted aign.mdeliver in its befall'", surety: Any or all bands or undertakings, provided that no bond or undertaking erscuted under this authority shall exceed in amount the sum of QNO MLLLIIN DOLLbM ($1,000,000.00) and to bind he MERCHANTS MU'T'UAL BONDING COMPANY thereby as fully and ,, the same extent as if such bond or undertaking was signed by he duly authorized officers of the MERCHANTS MUTUAL BONDING COMPANY. and all he acts of said Attorney, pursuant to [heauthority herein given, are hereby ratified and confirmed. is made am' executed Pursacma 10 I'd Difeeeton oof he MERCHANTS MUTUAL BONDINGCOMPANY.thy authority n( the following Bylaw adopted by the Board of ARTICLE 2, SEC71ON 5A. -"The Chariman of the Board or President or any Vice President or Secretary shall have and authority to appoint Altomeys•in•Fact. and to authorize them m execute on behalf of the Cum an and alWch the Seal of the Company Thereat, bonds and undertakin power nature thereof.•• gs. recognizzai contracts of indemnity and other writings ohligatary in the In Witness Whereof. MERCHANTS MUTUAL BONDING COMPANY has caused y its president and Vice President, and its corporate scul to be herein affixed. this these presents 11, he signed b A.D., President Attest: 22nd day,lf May. 1979 MERCHANTS MUTUAL BONDING COMPANY By w„ r..,rernr STATE OF IOWA COUKrY OF POLK } ss. On his 22nd day of May .19 and William Warner, to me personally known, oho being by me duly sworn did sap' hat hey 79 President and Vice president respec• direly of he MERCHANTS MUTUAL. BONDING COMPANY, he corporation described in he foregoing instrument and that he Seal affixed to the sail instmmem is the Corporate Se:d of the said Corpur jinn and that the said instrument was signed and sealed in behalf of said Corporalion by;rolhority of its Board of Directors. In Testimony Whereof. I have hereunto set my hand :mJ affixed by Official Scal, at the City of Iks Moines. Iowa the Jay ;cod year first above written. Iyy/ T IOWA V, ....... Ear;.r, 9-30-81 '•..,,,,,,.0 �,V E STATE OF IOWA y# 1,4l Sir COUNTY OF POLK } ss. I, William Warner. Vice Resident of the MERCHANTS MUTUAL BONDING That the above and foregoing is a true and correct copy of the POWER OF A MERCHANTS BONDING COMPANY. which is still In farce and effect. In Witness Whereof. I have hereunto set my hand and affixed the seal of the Cumrany, at his 3rd day Of December 14, 79 ThlsPower ofnnmeyexpires. Until Revoked dr ... — FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101MES 01;199 ■s PUBLIC IMPROVEMENT MAINTENANCE BOND FOR THE MAINTENANCE OF IA 389497 Know All Men By These Presents: That Weber Bros. of Mechanicsville, Iowa as Principal, and the MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa as Surety, are held and firmly bound unto the — Iowa City Development Co., Inc. Iowa City, Iowa in the penal sum of Fourteen thousand, one hundred ninety-six & 10/100 IS 14,196.10 DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed and delivered this 14th day of September 79 A.D. 19 Whereas, the said Principal entered into a certain contract, dated the 2nd day of April ,19 79 , with the Iowa Ci ty Devel opment Co. to furnish all the material and labor necessary for the construction of Storm sewer, Village Green 10 - Wakefield Court In the City of Iowa City , in conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond of indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of }h1n (2) years from the date of acceptance of the work under said contract; and Whereas, the obove work has been completed and accepted and if not accepted will be automatically accepted upon the filing of this maintenance bond; and Whereas, the said MERCHANTS MUTUAL BONDING COMPANY of Des Moines, Iowa, for a valuable consideration, has agreed to join with said Principal in such bond or guarantee, indemnifying said City of Iowa City, Iowd as aforesaid; Now, Therefore, the Condition of this obligation is Such, that if the said Principal does and sh it at wncost and expense, remedy any and all defects that may develop in said work, within the period ofN1D ears from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used i i the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects, comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. Approved 119— By 19By J City Solicitor. Weber Bros. Principal gyfZlt�tete .sr �ll�C MERCHANTS AL BONDING COMPANY qy4peB � S�', _R��csT end MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES pwq CERTIFICATION I, the undersigned officer of the MERCHANTS MUTUAL BONDING COMPANY, hereby certify that the following is a full and true copy of Section 5 and Section 5b of Article II of the By -Laws of said Company: Section 5: — The Chairman of the Board or President or any Vice President or Secretary or any Assistant Secretary, shall have power and authority to execute on behalf of the Company, and attach the Seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writing obligatory in the nature there of. 5b: —The signature of any authorized officer and Seal of the Company may be affixed by facsimile to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed. I, further certify that the following are duly elected officers of the Company. W.W. Warner, President and Chairman of the Board; H.D. Stiles, Vice President; Rodney Bliss III, Vice President; William W. Warner, Vice President; C.W. Story, Vice President; M.M. Thompson, Vice President; M,). Long, Vice President; W.G. Brundage, Treasurer; Emily DeBolt, Secretary; Gene Davis, Assistant Secretary. IN TESTIMONY WHEREOF, I have hereunto set my hand as President and affix the Corporate Seal of the MERCHANTS MUTUAL BONDING COMPANY, this 14th day of Sept- 19 _7_2_ Jr,Y�,o- • President State of Iowa ) )ss County of Polk ) On this 14th day of Sept. , 1979 , before me appeared W.W. Warner, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS MUTUAL BONDING COMPANY, the corporation described in the foregoing instrument, and that the Seal affixed to the said instrument is the Corporate Seal of the said Corporation and that the said instrument wassigned andsealed in behalf of said Corporation by authority of its Board of Directors, IN TESTIMONY WHEREOF, I have hereuntoset my hand affixed my Official Seal at the Cityof Des Moines, Iowa, the day and year first above written. NOTARY SEAL Notary Public, Polk County, Iowa My Commission Expires 9.30-80 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110MES CITY CSF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180D ENGINEER'S REPORT December 6, 1979 Honorable Mayor and City Council Iowa City Iowa Dear Honorable Mayor and Councilpersons: I hereby certify that the construction of the improvements listed below have been completed in substantial accordance with the plans and specifications of the Engineering Division of the City of Iowa City. The required maintenance bond is on file in the City Clerk's office. Concrete paving and storm inlets as constructed by Metro Pavers, Inc, of Iowa City, Iowa and storm sewer as constructed by Weber Brothers of Mechanicsville, Iowa for Village Green, Part 10, not to include the stormwater detention basins. I hereby recommend that the above mentioned improvements be accepted by the City of Iowa City. RespectSully submitted, Eug ne A. Dietz, P.E. City Engineer bc2/4 I a 9.59 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 1-, a RESOLUTION NO 79-554 A'RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WHEREBY THE CITY SHALL PLACE A BUS SHELTER ON THE GROUNDS OF HOOVER SCHOOL WHEREAS, the City and the Iowa City Community School Board deem it in the public interest to provide bus shelters for the residents of Iowa City, and j WHEREAS, the parties agree that the grounds of Hoover School provide a desirable location for a bus shelter. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: I 1. That the Mayor is hereby authorized to sign, and the City Clerk to attest, an agreement between the City and the Iowa City Community School Board. It was moved by Balmer and seconded by deProsse that the Resolution as read be adopted and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x DeProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera i Passes and approved thisllth day of December 1979. I I Mayor i i 'I 1 ATTEST: Received $ Approved' ' City lerk { 8y The Legal Deparlmant ti. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES bI01MES ad 7w' „ CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST IOWA CITY IOWA 52240 (319) 354.180 January 7, 1980 Melvin D. Synhorst Secretary of State Iowa State Capitol Builsing Des Moines, Iowa 50319 Dear Mr. Synhorst. The City of Iowa City and the Iowa City Community School Board have entered into an agreement conforming to Chapter 28E of the Code of Iowa, Joint Financing of Facilities, regarding provision of a bus shelter at Hoover School. Attached is an original of the Resolution authorizing this Agree- ment which is also being recorded at the Johnson County Recorder's office. Yours very truly, Abbie Stolfus, CMC City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101NE5 M F MELVIN 0. SYNHORST i SECRETARY OF STATE i 011', Otate Of 30wa 6erretarp of *tate meg; lofneg January 9, 1980 J. HERMAN SCHWEIKER DEPUTY SECRETARY OF STATE I Albie Stolfus, City Clerk City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 Re: 28E Agreement City of Iowa City and the Iowa City Community School Board - Bus Shelter Dear Ms. Stolfus: IWe have received the above described agreement, which you submitted to this office for filing, pursuant to the provisions of Chapter 28E, 1979 Code of Iowa. You may consider the same filed as of January 9, 1980. Yeyy i cerely, .�.� r. JHS/d J. HERMAN SCHWEIKER J Deputy Secretary of State j f I r' r r i i MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES L 0 M, AGREEMENT This agreement, made and entered into thisllth day ofDecember, 1979 by and between the City of Iowa City, a municipal corporation, hereinafter referred to as the City and the Iowa City Community School Board, hereinafter referred to as the Board. WHEREAS, it is in the mutual interest of the City and the Board to provide bus shelters at locations which are safe and convenient for the residents of Iowa City, and WHEREAS, Chapter 28E of the Code of Iowa 1979 provides, in substance, that any power exercisable by a public agency of this state may be exercised jointly with any other public agency of this state having such power; NOW, THEREFORE, BE IT AGREED BY AND BETWEEN the City and the Board as follows: 1. The City is hereby authorized to construct at its expense a bus Shelter with concrete pad at the northeast corner of the front drive of Hoover School and Court Street in Iowa City. 2. The City shall maintain and repair the shelter for the duration of this agreement. 3. The Board shall allow the City to use the site for the duration of this agreement at no cost. 4. Upon the termination of this agreement, the City shall remove the shelter at its expense and regrade the site. 5. The City agrees to defend, indemnify and hold harmless the Board, its officers, employees and agents from any and all liability or claims of damages arising from the placement of the bus shelter on the Hoover School property including, but not limited to injuries to persons or property. 6. The term of this agreement shall commence upon the signing of the agreement and continue until December 31, 1989. 7. The agreement shall be filed with the Secretary of the State of Iowa and the County Recorder of Johnson County, Iowa. CITY OF IOWA CITY IOWA•CITY COMMUNITY SCHOOL BOARD i By: Glt W`G� MAYOR ATTEST: CITY CLERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I40I11ES Reroived a Approved by Tho L+gal Departm;Inf aa76 M. RESOLUTION NO 79-555 A RESOLUTION AUTIIORIzING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH ACT TO PROVIDE FOR THE CONSTRUCTION OF A PORTION OF NORTH DUBUQUE ROAD WHEREAS, it is in the mutual interest of ACT and the City of Iowa City to improve the portion of Dubuque Road which abuts the property of ACT, and WHEREAS, the parties have come to an agreement for the allocation of the cost of construction and future repairs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. That the Mayor is hereby authorized to sign, and the City Clerk to attest, an agreement between the City and ACT. It was moved by Balmer and seconded by Perret that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Balmer x deProsse x Erdahl x Neuhauser x Perrett Roberts Vevera 1979. Passed and approved this llth day of December Mayor ATTEST: City Clerit Received a Approved By The Legal Department MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES C 0277 it! AGREEMENT This Agreement is made by and between the American College Testing Program, Inc., P.O. Box 168, Iowa City, Iowa, hereinafter also called ACT, and the City of Iowa City, a municipal corporation, hereinafter referred to as the City. WHEREAS, ACT is the owner in fee simple or the equitable owner of certain tracts of real estate located in Johnson County, Iowa, and more particularly described as shown on attached Schedule A, and WHEREAS, ACT has expended $125,000 to improve the right of way and pave a certain portion of the street known as North Dubuque Road located in the City of Iowa City, and the properties owned by ACT herein described are located on and adjacent to both sides of said North Dubuque Road, and WHEREAS, the proposed paving project shall benefit the City of Iowa City as well as ACT; NOW, THEREFORE, it is hereby agreed by and between the parties hereto: i 1. Prior to December 1, 1979, ACT shall install, at its expense, improvements and paving along the length of that street known as North Dubuque Road in Iowa City from a point beginning at its intersection with North Dodge j Street and continuing to a point immediately behind and adjacent to ACT's j national headquarters building. This paving bisects properties owned by ACT as well as properties of other owners adjacent thereto in the vicinity of the ACT properties. Said paving shall not be installed on those portions of North Dubuque Road that extend beyond the general vicinity of ACT. All of said paving shall be in accordance with City specifications and plans which identify the exact location. 2. ACT agrees to seed and grade as necessary areas disturbed as a result of this agreement with a seed mixture approved by the City Engineer between March 1 and May 15, 1980. 3. After said improvements and paving are installed, the City shall assume all responsibility for the maintenance and condition of said paved street for the design life and ACT shall not assume responsibility or liability for the maintenance, repair, replacement, or condition of same by virtue of its having contracted and paid for said paving. 4. The City shall assume all responsibility for the inspection of the paving work while in progress and for final approval of the same at completion. 5. If at any time in the future there should be a special assessment(s) for the repair, replacement, or widening of the improvements and paving installed by ACT, ACT ,hall receive a credit on any such assessment(s) equal to the sum paid by it under this Agreement. 6. That this Agreement shall be binding upon the successors and assigns of the parLies hereto. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I101flLs x'77 .. P; The undersigned do hereby state that this contract is executed in triplicate, as though each were an original, and that there are no oral agreements that have not been reduced in writing in this instrument. Executed this u th day of December , 1979. FOR THE CITY: �ATTEST: ,^ /p� w � C56�� THE AMERICAN COLLEGE TESTING PROGRAM, INC. PRESI NT gu L v V C PR SSIDEN� ` R URER STATE OF IOWA ) ) SS: COUNTY OF JOHNSON ) I, /W� a notary public in and fqq,rr said county, in the state of res id, do hereby certify that D uS N1. 1(,!✓said , and to me personally known to be the president and vice president and treasurer respectively of the American College Testing Program, Inc., a corporation and also known to me to be the persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that as such president and vice president and treasurer respectively they signed, sealed, and delivered the said instrument as the free and voluntary act of said corporation, for the uses and purposes therein set forth, and that they were duly authorized to execute the same by the board of directors of said corporation. Given under my hand and notoriai seal this /y day of Act-Je/' 1979. Notary Public in and for aid County and State My commission expires 9f✓o ly d L MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES I10I11E5 Received $ Approrr.;I By The Legal Department E yam••.—...._._... -. Pr/8E� \ DOCUMENT AYAJFsi: Phil SCHEDULE A That part of the East It of the Northeast t, of Section 2, Township 79 North, Range 6 West of the Sth I'.M., described as follows: Commencing at the point where the south line of Old Highway 0261, now known as U.S. Highway 01, intersects with the east line of said Section 2, thence south S6 degrees 43 minutes west along the southerly lice of said highway 11108.6 feet, thence south 23 degrees 04 minutes east 11)3 h-ri, Ihunt•c• north 65 degrees 45 minutes cast 348.1 fret, thence south UI degrees 29 minutes west 179.3 feet, thence south 01 degrees 49 minutes west to the north line of the old Solon ruad, thtiuce cast along the north line of said road to the cast line of Section 2, Township 79 North, Range 6 west of the Sth P.M., thence northerly along said section line to the point of be- ginning. All that part of the East half of the Northeast quarter of Section 2, Township 79 North, Range 6 West of the Fifth Princi- pal Meridian, Johnson County, Iowa, more particularly described as follows: Commencing as a point of reference at the intersection of the Southeast line of Old Iowa Highway No 261 ([tow known as Iowa Highway No One) and the East line of said Sectiun thence South 560 43' West 1nO8.6 feet along the .;nulh:•;;Irani• line of said highway to a point (this i>. :n: ;.,t;p:r.! n- I' purposes of this description); thence South 230 54' East 103.0 feet to point of beginning of tract horein described; thence North 650 4S' East 348.1 feet to a point; thence South 010 29' West 179.3 feet to a point; thence North 830 23' West 314.8 feet to point of beginning, and containing 0.645 acres, more or less Beginning at the northwest corner of Section 1, 'township 79 North, Range 6 Hest of the Sth P.M., thence South along the West line of said Section, 990 feet to the irtrrsertion of said west line with the centerline of the lot. i'tty-Solon Cuunty Road as lilt same Was lucated in April, 191u; .hr1«1 ob a line w!t•%'t is at right :tngles In the centvt .i'tc ,.1• said cou;,ty road as the same is located now, iuuth 610 Bast 92.3 feet to the present centerline of the Iowa City - Solon County Road; thence Northnesterly along said center line to the North'line of snid Section 1; thence West along said North line 657 feet to the place of beginning; except FIICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1401IIES W I all that part thereof lying Northwest of the center line of the pavement on the public highway as now located; and, also except that portion thereof deeded to the State of Iowa in a certain deed recorded in Book 254, at page 46, Deed Records of Johnson County, Iowa. The North Half of the Southwest quarter of Section 1, also beginning at the Southeast corner of the Northeast Quarter, Section 2, thence North 11 chains 80 links, thence South 80 degrees West 7.27 chaims, more or less, thence South 10.52 chains to the South line of said Northeast Quarter of said Section 2, thence East along said Fouth line 7.17 chains, more or less, to the place of beginning; also the East tract of land Southeast corner of Section 2, described as follows: Beginning at the Northeast corner of the Southeast Quarter of j said Section 2, thence Southerly along the Fast line of said Section 2, 100.00 feet to a point, thence Northwesterly to a point on the North line of said Southeast corner of Section2 which lies 100.00 feet westerly of the point of beginning, thence Easterly along said North line of the Southeast Quarter of Section 2, 100.00 feet to a point of beginning, all in Town- ship 80 North, Range 6 West of the Sth P.M. BEST DOCUMENT AVAILABLE MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES rioIRES RESOLUTION NO. 79-556 RESOLUTION AUTHORIZING AMENDMENT OF THE FISCAL YEAR 1980 COMMUNITY DEVELOPMENT BLOCK GRANT (SPECIAL REVENUE FUND) BUDGET WHEREAS, the City of Iowa City, Iowa, is the recipient of Community Development Block Grant Funds granted by the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93-383); and WHEREAS, the approved City of Iowa City budget for FY80 does not presently reflect actual funds available for Community Development Block Grant activities, including unexpended funds from the fiscal year ended June 30, 1979; and WHEREAS, the City Council of Iowa City, Iowa wishes to consolidate and account for all Community Development Block Grant activities and funds under the current fiscal year budget; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA: That the City Manager is hereby authorized and directed to amend the City's FY80 Community Development Block Grant Budget in accordance with the schedule attached hereto and by reference made a part hereof. It was moved by Neuhauser and seconded by rerret that the resolution ar s read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: xBalmer d deProsse x Erdahl xNeuhauser d Perret d Roberts x Vevera Passed and approved this 11th day of December 1979. MAYOR ATTEST: W� CITY CLERK Roeaived & Approved By The Lagal Deparimenf KNIAr MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES tioIREs *LWCF: Land & Water Conservation Fund aa79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES FY 80 COMMUNITY DEVELOPMENT BLOCK GRANT BUDGET AMENDMENTS APPROVED FY80 AMENDED FY80 BUDGET BUDGET 1. COMMUNITY PLANNING Comprehensive Plan $ 40,775 $ 40,775 Human Needs Plan 0 8,136 2. NEIGHBORHOOD REVITALIZATION 1 Housing Rehabilitation 100,000 172,460 ' Housing Code Enforcement 101,000 101,000 Neighborhood Site Improvements 0 396,510 , 3. RALSTON CREEK FLOOD CONTROL is Preliminary Measures 0 20,000 South Branch Improvements 0 809,066 North Branch Improvements 0 730,839 4. HANDICAPPED/ELDERLY PROJECTS Architectural Barrier Removal 0 50,000 Nelson Adult Center 0 50,000 Senior Center 214,000 986,282 i I 5. URBAN RENEWAL ACTIVITIES R14 Administration & Completion 30,000 212,797 6. ADMINISTRATION General Program Administration and Management 125,000 140,000 I 7. I OTHER PROGRAMS Park Improvements 0 31,535 Energy Conservation 26,880 34,280 River Corridor Improvements 0 74,050 Aid to Victims of Spouse Abuse 0 80,000 8. CONTINGENCY 32,345 402,701 TOTAL $670,000 $4,340,471 REVENUE SOURCES 5th Year Entitlement Grant $ 669,000 4th Year and Prior Year Entitlement Grants 3,056,463 Program Income 603,408 LWCF Grant* 11,600 TOTAL $4,340,471 *LWCF: Land & Water Conservation Fund aa79 MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES c 71 RESOLUTION NO. 79-557 RESOLUTION AUTHORIZING THE DRYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WITH OUT OF DANGER, INC., dba AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE (AAVSA), FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE. WHEREAS, the City of Iowa City is the recipient of funds granted by the U.S. Department of Housing and Urban Development (HUD) under Title I of the housing and Community Development Act of 1974, as amended (Public Law 93-383); and, WHEREAS, the City of Iowa City wishes to utilize such funds to provide a shelter for victims of spouse abuse and to engage Out of Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse,to acquire, rehabilitate, and utilize an emergency spouse abuse shelter in the City of Iowa City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOIVA CITY, [DIVA: 1. That the Mayor be authorized to sign and the City Clerk to attest an agreement with Out of Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse, (AAVSA), to acquire, rehabilitate and utilize an emergency spouse abuse shelter. 2. That the approval of said agreement shall be contingent upon AAVSA demonstrating to the City Council firm financial commitments for the program operation of the spouse abuse shelter. It was moved by deProsse and seconded by Erdahl that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Balmer x deProsse x Erdahl x Neuhauser x Perrot x Roberts _ x Vevera Passed and approved this 11th day of December , 1979• ATTEST: City C erk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOVIES Mayor Received L Approved By the Legal Deparm "t CONTRACT BETWEEN THE CITY OF IOWA CITY AND OUT OF DANGER, INC., DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS TO ACQUIRE, REHABILITATE, AND UTILIZE A SHELTER FOR VICTIMS OF SPOUSE ABUSE THIS AGREEMENT, entered into this IItlday of December , 1979 by and between the City of Iowa City, a municipal corporation, Therein referred to as the "City") and Out of Danger, Inc., dba Aid and Alternatives for Victims of Spouse Abuse, a private non-profit entity (herein referred to as "AAVSA"); i WHEREAS, the City is the recipient of funds granted by the U. S. Department of Housing and Urban Development (HUD) under Title I of the Housing and Community Development Act of 1974, as amended (Public Law 93- 383); and WHEREAS, the City wishes to utilize such funds to provide a shelter for victims of spouse abuse and to engage AAVSA to acquire, rehabilitate, and utilize an emergency spouse abuse shelter in the City of Iowa City; NOW, THEREFORE, the parties hereto agree to the following in performance of this contract: PART I I. PURPOSE AND SCOPE OF SERVICES: A. AAVSA will acquire and rehabilitate a residential structure (property) in the City of Iowa City which will then be utilized as an emergency shelter for victims of spouse abuse. B. The property to be acquired shall meet the following criteria: 1. Its location shall be limited to the designated Iowa City community development block grant neighborhood improvement project area. 2. Upon completion of rehabilitation it shall, at a minimum, meet HUD Section 8 Existing Housing Quality Standards. 3. In all other respects, it shall conform to applicable laws, codes, and ordinances of the City of Iowa City and the State of Iowa. C. Selection of the property to be acquired shall be made by AAVSA, with written concurrence of the City. aaJU MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 2 D. Technical assistance in the rehabilitation of the structure shall be provided by the City. E. Following the completion of rehabilitation, the structure shall be occupied and utilized by AAVSA solely as an emergency shelter for adults alone and with children who are seeking refuge from domestic violence, i.e., victims of spouse abuse. II. TIME OF PERFORMANCE: AAVSA will perform according to the following schedule; subject to ichange upon mutual agreement of both parties, in writing: Program m Eleent Deadline 1. Demonstration of Financial Viability December 31, 1979 i 2. Acquire property January 31, 1980 3. Contract for rehabilitation February 29, 1980 4. Complete rehabilitation May 31, 1980 5. Occupy structure/begin shelter June 30, 1980 operations 6. Continue shelter operations July 1, 1980 through June 30, 1985 III. COMPENSATION AND METHOD OF PAYMENT: AAVSA agrees that demonstration to the City Council of financial viability, in the form of firm monetary commitments toward the shelters first year operating budget, shall be a condition precedent to the receipt of and/or acceptance of any compensation under this agreement. The City will pay and AAVSA agrees to accept in full the sum of eighty thousand dollars ($80,000) for performance under this agreement, as follows: 1. Partial payment will be made upon presentation of a properly executed real estate sales agreement for purchase of the property. Payment will be contingent, howeverupon , procurement of insurance as required under Section IV.0 of this agreement. 2. Balance of compensation due will be paid upon presentation of a properly executed contract for the rehabilitation of the structure. The City will determine whether proposed and actual rehabilitation work meets the required minimum standards. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES IIORIES 3 3. The total of the above payments will not exceed $80,000. IV. TERMS AND CONDITIONS OF OWNERSHIP: A. Title to the property will be vested in the name of Out of Danger, Inc. i B. The City will assume no responsibility or liability for the { operation, program funding, or debts of the property. ! C. AAVSA will, at its own expense, procure and maintain during the j period of this agreement, all-risk property damage and liability insurance to be effective as of the date of possession of the property. Property damage coverage shall not be less than $80,000, and liability coverage shall not be less than $100,000 bodily injury per person or $300,000 bodily injury per occurrence. Proof of insurance shall be shown to the City by furnishing a copy of a duly authorized and executed policy issued by an insurance company licensed to do business in the State of Iowa. D. AAVSA will not sell, assign, or transfer any legal or equitable interest in the property at any time prior to June 30, 1985 without the written concurrence of the City. E. In the event that the AAVSA elects to sell or otherwise transfer legal or equitable interest in the property prior to June 30, 1985, AAVSA will pay to the City the full amount of $80,000. F. This agreement is subject to and incorporates all other terms and conditions set forth in Part II hereof. I I MICROFILMED BY i JORM MICROLAB I CEDAR RAPIDS•DES 1101NES a PART II I. PERFORMANCE AND REPORTING: A. AAVSA will maintain on ongoing program of services for victims Of spouse abuse at the property to be acquired under this agreement until June 30, 1985, in a manner satisfactory to the City. B. AAVSA will direct all correspondence concerning this agreement to the office of the Iowa City Community Development Block Grant Program Coordinator. C. AAVSA will submit quarterly reports to the Program aryApril, July, Coordinator's office by the tenth day of Janu, and October of each contract year. In addition, an annual report will be submitted by January 15 of each contract year. No reporting requirements shall extend beyond June 30, 1985. Such reports will include, at a minimum, statistics pertaining to the numbers and places of residence of persons housed in or Utilizing the services of the shelter. D. Not later than July 15, 1980, AAVSA will provide the City with a certified statement of the expenditure of funds disbursed under this agreement. II. OTHER REPORTS AUDITS AND INSPECTIONS: A. AAVSA will furnish the City or HUD with such statements, records, data, and information as the City or HUD may request pertaining to this agreement within the time requested. B. At any time during normal business hours, there shall be made available to the City, HUD, and/or the Comptroller General of the United States, or their duly authorized reprsentatives, all of AAVSA's records with respect to this contract in order to permit examination of any audits, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to all matters covered by this contract. C. AAVSA will retain financial records, supporting documents, statistical records, and all other records pertaining to expenditures under this agreement for a period of three (3) years from the close of this contract. D. AAVSA shall take reasonable precautions to protect the privacy interests of persons seeking and/or receiving assistance at the spouse abuse shelter. AAVSA also agrees to abide by all applicable State and federal laws pertaining to domestic and/or child abuse information, if and when such laws would apply. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES III. PROCUREMENT STANDARDS: IV 1T1 VI 5 The requirements of Attachment 0 (Procurement Standards) of OMB Circular A-102 shall apply to the use of funds disbursed under this contract. NON-DISCRIMINATION: No person shall be excluded from or denied the benefits of the Emergency Spouse Abuse Shelter on the basis of race, color, national origin, or sex. Reasonable fees may be charged for the use of the shelter, but charges which will have the effect of precluding low and moderate income persons from using the shelter shall not be permitted. EQUAL EMPLOYMENT OPPORTUNITY: AAVSA certifies that it is an Equal Opportunity Employer and that it will comply with Chapter 18 (Human Rights) of the Iowa City Code, Chapter 601A (State Civil Rights) of the Iowa Code, and all applicable regulations of the U.S. Department of Housing and Urban Development pertaining to equal opportunity and affirmative action in employment. Further, AAVSA will ensure that all contracts for work under this agreement contain an appropriate equal employment opportunity statement. HISTORIC PRESERVATION: AAVSA will assist the City to comply with all historic preservation requirements of HUD and the State Historic Preservation Officer of Iowa. VII. LEAD-BASED PAINT POISONING PREVENTION: AAVSA will comply with the requirements of the Lead-based Paint Poisoning Prevention Act (42 U.S.C. 4831 et seq.) and HUD regulations thereunder (24 CFR Part 35), insofar as they apply to the performance of this contract. VIII.TERMINATION OF CONTRACT FOR CAUSE: If AAVSA shall fail to fulfill its obligations under this contract in a timely and proper manner, or if AAVSA violates any of the terms, agreements, or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to AAVSA of such termination, specifying the reason(s) for termination and the effective date thereof, at least 30 days before the effective date of such termination. In that event, AAVSA will re -pay to the City the full amount of $80,000, or alternatively, shall convey legal title of the property to the City of Iowa City. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES 6 Further, either party may terminate this contract by giving written notice to the other party which shall set forth the reason(s) for termination and the effective date thereof, at least 30 days before the effective date of such termination. Upon such termination, AAVSA will repay to the City the full amount of $80,000, or alternatively, shall convey legal title of the property to the City of Iowa City. IX. INTEREST OF CERTAIN FEDERAL AND OTHER OFFICIALS: A. No member or delegate to the Congress of the United States, and no Resident Commissioner, shall be admitted to any share or part of this contract, or to any benefit to arise herefrom. B. No member of the governing body of the City, no officer, employee, official, or agent of the City, or other local public official who exercises any functions or responsibilities in connection with the review, approval, or carrying out of the project to which this contract pertains, shall have any private interest, direct or indirect, in this contract. X. INTEREST OF AAVSA; AAVSA covenants that it presently has no .interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services to be performed under this contract. AAVSA further covenants that in the performance of this contract no person having such an interest shall be employed by AAVSA. XI. ASSIGNABILITY: AAVSA shall not assign or transfer any interest in this contract, whether by assignment or novation, without the prior written approval of the City. XII. HOLD HARMLESS PROVISION: AAVSA shall indemnify and hold harmless the City, its officers, employees, and agents from all liability, loss, cost, damage, and expense (including reasonable attorney's fees and court costs) resulting from or incurred by reason of any actions based upon the performance of this agreement. `..- MICROFILMED BY JORM MICROLAB CEDAR RAPIDs•DEs MOINES 7 IN WITNESS WHEREOF, the parties hereto have executed this contract on this lltMay of D,cember1979 CITY OF IOWA CITY BY: {r/ait•G/� MAYOR ATTEST: ���L' � ) CITY CLERK OUT OF DANGER, INC., DBA AID AND ALTERNATIVES FOR VICTIMS OF SPOUSE ABUSE' BY: Sec /lis /yh WITNESS T^� RoeeFvod $ Approved by, Tho�=oval Depaftw* FIICROFILMEO BY JORM MICROLAB CEDAR RAPIDS -DES Ft0I11ES RESOLUTION NO. 79-558 RESOLUTION ESTABLISHING SIDEWALK SNOW REMOVAL FEES FOR THE SIDEWALK ORDINANCE OF IOWA CITY WHEREAS, it is in the public interest to require snow removal from sidewalks after a snowfall, and, WHEREAS, the payment of a sidewalk snow removal fee is necessary to offset the administrative costs, NOW, BE IT RESOLVED BY THE CITY OF IOWA CITY, THAT: The fees for sidewalk snow removal shall be as follows: 1. The minimum fee per lot shall be $25.00, plus $.20 for each lineal feet of sidewalk exceeding 100 lineal feet. 2. The fee for homesteads occupied by physically impaired or physically limited persons including the elderly shall be $12.50 for the first 100 lineal feet of sidewalk, plus $.10 for each additional lineal foot thereafter. 3. Homeowners meeting the low income qualifications in addition to the physically impaired or physically limited criteria shall have snow removal services provided by the City, free of charge. 4. The eligibility criteria referred to above shall be established by administrative rule, purusant to Sec. 31-123 of the Iowa City Code of Ordinances, as amended. Governmental agencies are exempt from the sidewalk snow removal fees required herein; provided, however: the agencies will be required to pay the actual costs incurred by the City of Iowa City. It was moved by rerret and seconded by Neuhauser 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 11th . day ofbecember, 1979. M YOR ATTEST: _�a- &'V" CITY (1ERK MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MONIES REGFIVED $ APpROYED FiN (CBF LEGArl DEP121"T aaaa. RULE FOR SPECIAL SNOW REMOVAL SERVICES FOR THE ELDERLY & HANDICAPPED Under Section 31-123 the following rule is put into effect: (A.) Special Services for Physically Impaired or Physically Limited Persons The City will provide snow removal services for physically impaired or physically limited persons including the elderly who live in single family dwellings as owner -occupant. The City shall require a written statement from a physician stating that the resident is not able to perform snow removal activities because of medical or physical limitations. This service will be provided to owner -occupants only when the individuals requesting special snow removal services are the only residents of the building in question. If other able bodied individuals reside in the building, snow removal services will not be provided under this section. A fee shall be charged for this service which can be paid directly to the City or liened against the property. The director shall establish a fee schedule for this service in November of each year and said fee shall be in effect until the following November. The City representative shall contact the owner/applicant requesting said service to make mutually agreeable arrangements for the snow removal and other matters concerning this service. (B•) Special Fee Exemption for Low Income Persons Homeowners qualifying for special snow removal services for physically impaired or physically limited persons as stated in (A) above shall be exempted from all fees provided that the following criteria and registration has been completed prior to receiving snow removal services: 1. To qualify for the annual waiver, all residents of a household must: a) be eligible under the low income criteria of one of the following programs: Supplementary Social Security Benefits, Title XX Program, ADC Program, Food Stamp Program; or, b) qualify for a reduction in the previous year's property tax pursuant to the Iowa Disabled and Senior Citizen Property Tax and Rent Disbursement Claim Program. 2. Application for the waiver shall be accepted from October 1 through April 1 of each year. 3. The waiver shall be effective for one year, and renewal applications shall be made from October 1st through April 1st. 4. The waiver of fees established by this resolution shall be effective retroactively to December 1, 1979. ON MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111Es City of Iowa Ch, MEMORANDUM Date: November 30, 1979 j To: City Manager and Director of Parks & Recreation From: Michael Kucharzak, Director of Housing & Inspection Services Re: Sidewalk Snow Removal Program - Memorandum of Understanding May this memo serve to clarify our mutual understanding regarding the progress made and the areas of responsibility for the Sidewalk Snow Removal Program for 1979-80. WORK ACCOMPLISHED TO DATE The City has obtained two snow blowers, a 7 horsepower and an 8 horsepower Simplicity, two 6-� gallon safety gasoline cans, two sets of metal ramps to be used for loading the equipment onto City pickup trucks. Truck 124 has been removed from the Civic Center vehicle pool and a truck from Parks and Recreation has been assigned to the Sidewalk Snow Removal Program. All the equipment mentioned is stored at the City building at City Park. The inspectors have been trained in their responsibilities for enforcing the Sidewalk Snow Removal Ordinance and have been assigned their appropriate districts. Each inspector is assigned to canvas his or her areas along with another inspector, thus by this team approach allowing for maximum area coverage in the minimum amount of time by having one employee drive a City vehicle while the other employee records the snow accumulations on public sidewalks. Of course this field practice will have to be modified when snow banks no longer permit visibility of observation of sidewalks from slow moving City vehicles. Hopefully by the time the snow banks become a problem, the amount of unshoveled sidewalks will have been reduced to a minimum. An ad was placed in the Press Citizen, Daily Iowan and the Interstate Shopper which ran on November 14, and reminded residents who were going away for the Thanksgiving Holiday to make arrangements to have their snow removed during their absence. In addition, 10,000 door hangers have been printed and are ready to be used as part of the sidewalk inspection program. In essence everything seems to be ready. ITEMS SCHEDULED FOR COMPLETION IN DECEMBER An ad will run early in December geared to inform physically limited persons, especially the elderly, that the City will provide snow removal services at reduced rates to owners occupying single family residents in which no one resides who is physically capable of performing the necessary snow removal activities. Homeowners meeting the proper ownership qualifications must present a medical certificate from a doctor stating that they are unable to perform snow removal duties. Homeowners qualifying for this service who, met the low income qualifications already established for refuse fee exemption, shall also receive snow removal services at no cost. `" _ MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES !IOIDES Another ad will run a week prior to the University winter recess and will again remind citizens to make prior arrangements for snow removal before leaving town. These ads, like the previous ads, will run in the Press Citizen, Daily Iowan and the Interstate Shopper. COORDINATION OF STAFF AND AREAS OF RESPONSIBILITY Jerry Denison, building inspector assigned to the sidewalk program, will be responsible for the day to day enforcement of this section of the City Code. Denison will receive all inspection data from the other nine inspectors and will responsible for performing follow-up inspections to see if the sidewalks have been cleared after notification by way of the doorknob hanger. If the sidewalks have not been cleared according to the ordinance, Denison will notify Parks and Recreation and request that the City remove the snow and bill the property owner. Processing of the bill and recovery of the costs will be the responsibility of Jerry Denison. Iowa Citians requesting special snow removal services for physically limited persons, will be referred to Jerry Denison who will obtain a doctor's certificate from the applicant and record same into the City records, a copy of which will be forwarded to Bob Howell, City Parks Superintendent, which will complete the necessary steps to require Howell to perform snow removal services after each snow storm. Howell will be responsible for keeping a record of the number of snow removal service trips made and the correct dollar amount to be assessed for this service. These records will be transferred to Jerry Denison who will perform the necessary billing operations. Property owners requesting fee exemption by reasons of low income, will apply to the City treasurer. Nancy Heaton will provide the form identical to the one used for fee exemption for refuse removal to the applicant and upon proper completion will forward the application to Johnson County Social Services. Johnson County Social Services will determine the eligibility for fee exemption based on a designation of low income and will return the application to the City properly noted as approved for low income or not approved. This billing information will be provided to Jerry Denison and made part of the permanent City record. SUMMARY Thus far, in theory, everything seems to be in place won't know until we actually try to use the system. modifications as necessary and as agreed, we will early in December and again in February to apprise Ordinance, the citizen response and the success in me know if you have any problems understanding or contained herein. tp/sp and ready to go, however, we The staff is willing to make meet with the City Council them of the progress of the the enforcement. Please let agreeing with the procedures MICROFILMED ay JORM MICROLAB CEDAR RAPIDS -DES '10111ES RESOLUTION N0. RESOLUTION ESTABLISHING SIDEWALK SNOW REMOVAL FEES FOR THE SIDEWALK ORDINANCE OF IOWA CITY WHEREAS, it is in the public interest to require snow removal from sidewalks after a snowfall, and, WHEREAS, the payment of a sidewalk snow removal fee is necessary to offset the administrative costs, NOW, BE IT RESOLVED BY THE CITY OF IOWA CITY, THAT: The fees for sidewalk snow removal shall be as follows: I. The minimum fee per lot shall be $25.00, plus $.20 for each lineal feet of sidewalk exceeding 100 lineal feet. 2• The fee for homesteads occupied by physically impaired or limited persons including the elderly shall be $12.50 for the first 100 lineal feet of sidewalk Physically foot thereafter. plus $.10 for each additional lineal 3. Homeowners meeting the low income qualifications in addition to the Physically impaired or physically limited criteria shall have snow removal services provided by the City, free of charge. 4. The eligibility criteria referred to above shall be established by administrative rule, purusant to Sec. 31-123 of the Iowa City Code of Ordinances, as amended. Governmental agencies are exempt from the sidewalk snow removal required herein; provided, however: the agencies will be required to pay the actual costs incurred b fees y the City of Iowa City. It was moved by Resolution be adopted, and u on roll call thereand by P ----- — the AYES: NAYS: ABSENT: Passed and approved this A ay of �1979, ATTEST: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera MAYOR CITY CLERK--� RECRIVED $ gPFROVP� 83 UE LEGdU DETdF'fNE1VT / �ei � c "ICROFIU11D R, JORM MICROLAB RULE FOR SPECIAL SNOW REMOVAL SERVICES FOR THE ELDERLY & HANDICAPPED Under Section 31-123 the following rule is put into effect: (A.) Special Services for Physically Impaired or Physically Limited Persons The City will provide snow removal services for physically impaired or physically limited persons including the elderly who live in single family dwellings as owner -occupant. The City shall require a written statement from a physician stating that the resident is not able to perform snow removal activities because of medical or physical limitations. This service will be provided to owner -occupants only when the individuals requesting special snow removal services are the only residents of the building in question. If other able bodied individuals reside in the building, snow removal services will not be provided under this section. A fee shall be charged for this service which can be paid directly to the City or liened against the property. The director shall establish a fee schedule for this service in November of each year and said fee shall be in effect until the following November. The City representative shall contact the owner/applicant requesting said service to make mutually agreeable arrangements for the snow removal and other matters concerning this service. (B.) Special Fee Exemption for Low Income Persons Homeowners qualifying for special snow removal services for physically impaired or physically limited persons as stated in (A) above shall be exempted from all fees provided that the following criteria and registration has been completed prior to receiving snow removal services: 1. To qualify for the annual waiver, all residents of a household must: a) be eligible under the low income criteria of one of the following programs: Supplementary Social Security Benefits, Title XX Program, ADC Program, Food Stamp Program; or, b) qualify for a reduction in the previous year's property tax pursuant to the Iowa Disabled and Senior Citizen Property Tax and Rent Disbursement Claim Program. 2. Application for the waiver shall be accepted from October 1 through April 1 of each year. ,y I 3. The waiver shall be effective for one year, and renewal applications shall be made from October 1st through April 1st. /4 ! 4. The waiver of fees established by this resolution shall be effective retroactively to December 1, 1979. r H c "ICROFIL^IED B• J0RM MICROLAB a / RESOLUTION NO. 79-559 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST CONTRACTS FOR THE ACQUISITION OF REAL PROPERTY FOR THE SOUTH GILBERT STREET IMPROVEMENT PROJECT WHEREAS, the City of Iowa City, hereinafter called the City, has entered into an agreement with the Iowa Department of Transportation, Highway Division, hereinafter called the State, for the implementation of a Federal Aid Urban System, FAUS, project known as Project No. M-4051(2)-8-52 (the State has established Policy 820.01 to effectively administer the FAUS program in Iowa); and, WHEREAS, in order to accomplish the goals and objectives of that FAUS project and in furtherance of the public welfare, the City deems it necessary and in the public interest to acquire the real property referred to below; and, WHEREAS, in order to acquire said real property, the City desires to enter into contracts for the purchase of the real property referred to below with the owners of said real property, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the Mayor is hereby authorized to sign and the City Clerk to attest contracts for the purchase of the real property referred to below for the amounts designated opposite each Parcel: Parcel No. Purchase Price 1 $ 22,000 4 $179,991 5 17,800 9 2,200 It was moved by Balmer and seconded by'Neuhauser that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer x deProsse X Erdahl X Neuhauser X Perret X Roberts X Vevera Passed and approved this 11th day of Oecembe; 1979. MAYOR ATTEST: MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110IIIES A'q f3 ■ TEMPORARY EASEMENT This Agreement is made and entered into by and hetween David Braverman, hereinafter referred to as "Owner" and the City of Iowa City, a municipal corporation, hereinafter referred to as "City". It is hereby agreed as follows: 1. The Owners hereby grant and convey to City a non-exclusive temporary easement for construction and traffic purposes in connection with the FAUS Gilbert Street Project. The easement shall terminate on November 15, 1980. The area of the easement is described as follows: All that part of the Sand Road right of way as follows: Commencing at the northeast corner of Government Lot 4 in 3 Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43°07'05"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 j feet southwesterly from the centerline of Highway 6 By -Pass; thence S 70058'34"E, 75.00 feet parallel to the centerline of i Highway 6 By -Pass; thence S 11°33'00"W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence N 70058'34"W, 21.32 feet to the centerline of Sand Road; thence N 22054'00"W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. t and in addition, Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range G West of the fifth p.m.; thence S43007105"1•!, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S22°54'00"E 108.73 feet; thence S67°06'00"W 55.00 feet; ! thence northeasterly 23.56 feet along a 15 foot radius curve 4 concave northwesterly and whose 21.21 foot chord bears i N22°06'00"E; thence 1422°54'00"W 121.17 feet to the northeast I corner of Lot 1, Part 1, Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 48.51 feet to the point of beginning. Said tract contains 4946 square feet more or less. 2. The City shall have the right to use the real estate described herein for construction and traffic purposes and the Owners shall not use the real estate in any manner which will interfere with the City's full enjoyment of the rights granted in this easement. 3. The City shall indemnify Owners against any loss or damage which may occur in the exercise of the easement rights by the grantee except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs or maintenance. 4. The' provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. The easement agreement shall he recorded at the time of its execution. DATED this 11th day of December 1979. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES :10111ES -2- Y • ' DATED this `11%/ day of 197s1 5 CITY OF IOWA CITY, IOWA 4 i • J BY ��, :�• — • 14A OR 9 y ATTEST CITY LERK DAVID BRAVERNAN STATE OF IOWA ) JOHNSON COUNTY SS On this 11 day of LQn_D j1 _ 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared aQ .� SSD_ to me known to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 1101MES AGREEMENT THIS AGREEMENT, made and entered this 11th day of December1979, by and between the City of Iowa City, a municipal corporation, hereinafter referred to as "City" and David Braverman Iowa City, hereinafter referred to as "Owner's...Wake-0, and CK of WHEREAS, the City of Iowa City has deemed it in the public interest to undertake the FAUS Gilbert Street project; and WHEREAS, the owners have an interest in Lot 1 in Part 1 of Southgate Addition to the City of Iowa City, Iowa and the easterly GO feet of Lot 2 in Part 1 of Southgate Addition to Iowa City. NOW, THEREFORE, IT IS HEREBY AGREED BY AND BETWEEN THE PARTIES: 1. The City shall, not later than February 15, 1980, acquire the following described real estate by condemnation: Beginning at the southwest corner of Lot One (1) in Part I of Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 45.68 feet along the southerly line of said Lot One (1); thence northwesterly 46.14 feet along a 183.98 foot radius curve concave northeasterly and whose 46.02 foot chord bears N71016'00"W to the westerly line of Lot One (1); thence S11°33'0011W 5.75 feet along the westerly line of said Lot One (1) to the point of beginning. Said parcel contains 132 square feet more or less; and in addition, Beginning at the northeast corner of Lot Two (2) in Part I of Southgate Addition to Iowa City, Iowa; thence 5110331001W 0.74 feet along the easterly line of said Lot Two (2); thence southwesterly 118.28 feet along a 914.55 foot radiuscurve concave northwesterly and whose 118.20 foot chord bears 528001'38"W; thence southeasterly 23.56 feet along a 15.00 foot radius curve concave northeasterly and whose 21.21 foot chord bears 510044'00"E; thence southeasterly 26.88 feet along a 183.98 foot radius curve concave northeasterly and whose 26.86 foot chord bears S5905411611E to the easterly line of Lot Two (2); thence S110331 0011W 5.75 feet to the southerly line of Lot Two (2); thence N78D27 00 W 60 feet along the southerly line of Lot Two (2); thence N11 33 OU E 148.00 feet to the northerly line of said Lot Two (2); thence S78027100"E 6-0.00 feet along the northerly line of said Lot Two (2) to the point of beginning. Said parcel contains 6,292 square feet more or less; 2. The condemnation shall provide that the City, not later than March 1, 1980, convey the following described land to the condemnees: All that part of the Sand Road right of way as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43007'05"W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S 70058' 34" E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11033' 00" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By - Pass; thence N 70158' 34" W, 21.32 feet to the centerline of Sand Road; thence N 22°54' 00" W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. Also subject to a permanent easement over the entire tract. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES 2 and in addition, Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the fifth p.m.; thence 543007'05"W, 31.7.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence 522054'00"E 108.73 feet; thence S67°06'00"W 55.00 feet; thence northeasterly 23.56 feet along a 15 foot radius curve concave northwesterly and whose 21.21 foot chord bears N22°06'00"E; thence N22°54'00"W 121.17 feet to the northeast corner of Lot 1, Part 1, Southgate Addition to the City of Iowa City, Iowa; thence S78°27'00"E 48.51 feet to the point of beginning. Said tract contains 4946 square feet more or less. 8. The City shall deposit the funds awarded not later than ten days j following condemnation. { 9. The City will make every effort to provide reasonable access to the Country Kitchen during the construction phase and to complete construction north of station 69+33.4, the south radius of y Waterfront Drive, as shown on the construction plans within 50 working days; however, the parties agree that a failure by the p contractor to provide adequate access during construction or to complete the project in a timely manner will not create a cause of action against the City. It is the interest of the owners and the City agrees to complete the project as early as possible and in as short a time as possible after commencement thereof. Construction will commence on the project not later than May 15, 1980. THIS AGREEMENT shall be binding upon the successors and assigns of the parties hereto; provided, however, that no assignment shall be made i without the written consent of all parties to set agreement. THE UNDERSIGNED DO HEREBY STATE that this agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. P i� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES The City will retain a temporary easement over the above described real estate for construction and traffic purposes in connection with the project until November 15, 1980. 3. The City shall comply with the procedures outlined in Section 364.7 of the Code of Iowa for the disposal of property. 4. The City shall be granted a temporary easement over certain real estate more particularly described in Exhibit A attached hereto under the conditions contained therein. 5. The owners agree that Iowa -Illinois Gas and Electric Co. may continue to maintain a gas line at its present location although an easement has not been conveyed. Whenever service to this line will be required, the owner may require Iowa -Illinois Gas & Electric to reconstruct the line within the permanent easement. 6. The City shall indemnify the owner against any damage which may occur in the exercise of the easement rights by the grantee except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs or maintenance. The City shall promptly complete repairs, with the payment of overtime if necessary. 7. The owners and City agree that the sum of $140,000 shall be awarded by the Compensation Commission as an agreed award for all damages sustained by virtue of the condemnation. No request for allocation of the award shall be made by any of the owners as this is a matter of separate agreement among themselves. 8. The City shall deposit the funds awarded not later than ten days j following condemnation. { 9. The City will make every effort to provide reasonable access to the Country Kitchen during the construction phase and to complete construction north of station 69+33.4, the south radius of y Waterfront Drive, as shown on the construction plans within 50 working days; however, the parties agree that a failure by the p contractor to provide adequate access during construction or to complete the project in a timely manner will not create a cause of action against the City. It is the interest of the owners and the City agrees to complete the project as early as possible and in as short a time as possible after commencement thereof. Construction will commence on the project not later than May 15, 1980. THIS AGREEMENT shall be binding upon the successors and assigns of the parties hereto; provided, however, that no assignment shall be made i without the written consent of all parties to set agreement. THE UNDERSIGNED DO HEREBY STATE that this agreement is executed in triplicate, as though each were an original and that there are no oral agreements that have not been reduced in writing in this instrument. P i� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES 3 FOR THE CITY: f4 OR ATTEST: L !v CITY CLERK DAVID BRAVERMAN STATE OF IOWA SS JOHNSON COUNTY ) On this day of „j o t— , 1979, before me, the undersigned, a otary Public in and for said County and State, personally appeared David Braverman, to me known to be the identical persons named in and who executed the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. v pMN USER IR P C//l /I . AIY COMYIlSIOM E%PI�RES .��y((JC.X Notary. Public in and for said County and State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES MOINES i I I I L 4 WAKE -0 GGAR L. AKEFIE�LD, �part er 'r STATE OF IOWA ) JOHNSON COUNTY SS On thish day of undersigned6, a Notary Public in an or said County 1980, 80,State re me, personally in and who executed the, appeared Gary L. Wakefield to d�eff known to e --the ntical person named that he executed the same4fash i/CllIf fn.ar, 0 i , u�tt and acknowledged STATE OF I04lA JOHNSON COUNTY ) On this -_day of undersigned, a Notary Public in a 1979, before me, the appeared Bruce i. Olson to aid County and State, personally and who executed the wit]' mown to be a identical person named in he executed the Sam and foregoing instru t and acknowledged that his voluntary act and deed. CK OF IOWA CITY 11.,clry ruD11C in County and State 3i STATE OF IOWA, FORTH'S LEGAL EFFECT OF THE USE JQHNSQN.........................COUNTY, ss: of Hrs FORM, CONSULT YOUR LAWYER 30th 1 On this....................day o? Januar .Y-......-.. A. D. 1980,., before me, the undersigned, a Notary Public + in and for said County and State, personally appeared ........ .....Ronald Novak,,. _,.,... .... ............................ ................ . ............................................................................................. to me known to be the identical erso .......... .............. ...... . P nx.named in and who exp ,fed o wii and foregoin 1 strument, }O which I this Is Offaehed, and ncknowlodged fhatyhe execute a so SS 0 X v It nfar ncf nd ad, I �• Robert N. Dow .. r.... IOWA sf .................................. ... Notary ublic in and for said Counfy and Sfafe Form BAR ASSOCIATION Official Form No. 11 n..a..Ml.,l, Ruu1 TAM prj-11n1: April. 197M wl I If..11en pfll.].. CM. sl IOn,I "ly commission expires , Z7" MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES I B RESOLUTION NO. 79-560 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST AN AGREEMENT WHEREBY THE CITY WILL ACQUIRE A PORTION OF THE COUNTRY KITCHEN PROPERTY, CONVEY A VACATED PORTION OF SAND ROAD AND RETAIN CERTAIN EASEMENTS IN CON- JUNCTION WITH THE FAUS GILBERT STREET PROJECT. WHEREAS, it is in the public interest to construct certain improvements on Gilbert Street in Iowa City, and WHEREAS, it is necessary to acquire a portion of the Country Kitchen property to construct these improvements pro- posed by the FAUS Gilbert Street Project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, IOWA: 1. The Mayor is authorized to sign and the City Clerk to attest the agreement with the owners of the Country Kitchen property. 2. The Mayor is authorized to sign and the City Clerk to attest the permanent easement which provides for utilities in a vacated portion of Sand Road. 3. The Mayor is authorized to sign and the City Clerk to attest a temporary easement which permits the maintenance of a sewer line at its present location until December 31, 1990. 4. The Mayor is authorized to sign and the City Clerk to attest the temporary easements for the construction phase. Received $ Approved By The 10981 Depuhnent MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 1101NES a03'? fic- -z- It was moved by Neuhauser and seconded by Balmer that the Resolution as read be adopted, and upon roll call there AYES: NAYS: gyp: x Balmer x deProsse x Erdahl x Neuhauser x Perret x Roberts x Vevera passed and approved this 11thday of December 19 79 ATPEgp: A�/K &_� c City Clerk MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES W CONSTRUCTION EASEMENT THE UNDERSIGNED, being the owners of the following described real estate, to -wit: DESCRIPTION OF TEMPORARY EASEMENT A strip of land 10 feet wide lying easterly of and adjacent to the east right of way line of realigned South Gilbert Street and extending from Waterfront Drive to Highway N6; also a strip of land 10 feet wide lying northerly of and adjacent to the north right of way line of realigned Waterfront Drive and extending from the east right of way line of realigned South Gilbert Street to 95 feet east; all as shown on the South Gilbert Street construction plans for and in consideration of $1.00 Dollar and other valuable consideration, the receipt of which is hereby acknowledged, do hereby grant and convey to the City of Iowa City, Iowa, an easement and right of entry and encroachment over the above described real estate, for the purpose of construction of street improvements on South Gilbert Street in the City of Iowa City, Iowa. This grant conveys to the City of Iowa City, Iowa, its agents and employees and its contractors employed by the City for the construction of said improvement the right to enter and encroach upon the real estate described for the period of construction of the street improvement and is for the purpose of grading the street, sidewalks or driveways to street grade and as it may be used for the purpose of constructing said improvement or structures related thereto and may include storage of equipment or materials on said real estate and also includes reseeding and repairing damaged areas on private property and the seeding of street right-of-way all as provided in the plans and specifications -of said project. It being understood that the City of Iowa City, Iowa, by accepting this grant of easement, right of entry and encroachment, agrees to replace and repair any damage to said real estate caused by said construction and to reseed said real estate after fine grading said real estate and that in the event any damage is caused to said real estate by the negligence of the City of Iowa City or its employees, that said damage will be repaired or compensated. This easement shall be declared null and void on December 15, 1980. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. a�� MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES 110 InES I M -2 - Dated this day of , A.D., STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this day of A.D. 19 before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared to me known to be the identical persons named in and who executed the within and foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for saidaunty MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOINES d4- �Lc///.,mow-L.EGL EXHIBIT A TEMPORARY EASEMENT This Agreement is made and entered into by and between David Braverman, DJ Trust, Edmund Gatens as Trustee, hereinafter referred to as "Owner" and the City of Iowa City, a municipal corporation, hereinafter referred to as "City". It is hereby agreed as follows: I. The Owners hereby grant and convey to City a non-exclusive temporary easement to provide for the continued use of the existing sewer line until a new sanitary sewer is constructed. This easement shall terminate upon the completion of the new sanitary sewer or December 31, 1990, whichever is sooner. The area of the easement is described as follows: That area located 5 feet either side of the line described as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the fifth P.m.; thence S 43007'05" W 317.00 feet; thence S 22054'00" E 108.73 feet; thence S 67006100" W 12.60 feet to the point of beginning; thence N 22008'14" W 116.31 feet to the southerly line of U.S. Highway N6 right of way. 2. The Owners hereby convenant that they are lawfully seized and possessed of the real estate described above, and that they have a good and lawful right to convey this easement. 3. The City shall have the right to make excavations and to grade as it may find reasonably necessary for the repair and maintenance of the sanitary sewer. 4. The City shall have the right to trim and remove all trees i or brush which may interfere with the exercise of the City's rights pursuant to this agreement, however, if valuable timber is removed, it shall continue to be the property of Owners. All trees and shrubbery which the City is hereby authorized to cut and remove, shall be replaced at no cost to the Owner. 5. The City shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the Owners. 6. The Owners reserve the right to use the real estate above described for purposes which will not interfere with the City's full enjoyment of the rights granted in this easement; provided however, that the Owners shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. 7. The City agrees to promptly backfill any trench made by it and repair any damage within the area subject to the easement. The City shall pay overtime, if necessary, to minimize business inter- ruption for Owners. 8. The City shall indemnify Owners against any loss or damage which may occur in the exercise of the easement rights by the grantee except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs or maintenance. 9. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land. The easement agreement shall be recorded at the time of its execution. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIIIES k ,. r -z - DAILD Leis (lily of CI)Y 01 IOWA CITY, IOWA BY MAYOR ATTEST CITY CLERK DAVID BRAVERMAN STATE OF IOWA SS JOHNSON COUNTY ) On this day of , 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared 'to me known to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for said County and State DJ TRUST EDMUND GATENS, TRUSTEE STATE OF IOWA SS JOHNSON COUNTY ) On this day of 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared 'to me known to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for said County and State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES raolNcs �-�aila�aw� � ✓y PERMANENT EASEMENT I THIS AGREEMENT, made and entered into by and between David Braverman, DJ Trust, Edmund Gatens as trustee, hereinafter referred to as "OWNERS" and the CITY OF IOWA CITY, a municipal corporation, hereinafter referred to as "City" It is hereby agreed as follows: I. The Owners hereby grant and convey to the City a non-exclusive permanent easement for the purpose of constructing, maintaining and using storm and sanitary sewers, water lines and gas lines in the area described as follows: Commencing at the northeast corner of Government Lot 4 in Section 15, Township 79 North, Range 6 West of the Fifth P.M.; thence S 43007'05" W, 317.10 feet to the point of beginning, said point being located at the centerline of Sand Road and 60.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence S 70°58'34" E, 75.00 feet parallel to the centerline of Highway 6 By -Pass; thence S 11033100" W, 70.60 feet to the highway right-of-way, said point being 130.00 feet southwesterly from the centerline of Highway 6 By -Pass; thence N 70°58'34" W, 21.32 feet to the centerline of Sand Road; thence N 22°54'00" W, 94.08 feet to the point of beginning. Said tract contains 3371 square feet, more or less. 2. The Owners hereby covenant that they are lawfully seized and possessed of the real estate described above and that they have a good and lawful right to convey this easement. 3. .The City shall have the right to make excavations and to grade as it may find reasonably necessary for the construction, repair and maintenance of the storm and sanitary sewers, and water mains. 4. The City shall have the right to trim and remove all trees or bushes which may interfered with the exercise of the City's rights pursuant to this agreement; however, if valuable timber is removed, it shall continue to be the property of the Owners. All trees and shrubbery which the City is hereby authorized to cut and remove, shall be replaced at no cost to the Owner. 5. The City shall have the right of ingress and egress to and from the easement area by such route as shall occasion the least practical damage and inconvenience to the Owners. 6. The Owners reserve the right to use the real estate above described for purposes which shall not interfere with the City's full enjoyment of the rights granted in this easement; provided however, that the Owners shall not erect or construct any building or other structure, or drill or operate any well, or construct any reservoir or other obstruction within the easement. 7. The City agrees to promptly backfill any trench made by it and repair any damages within the area subject to the easement. the City shall pay overtime, if necessary, to minimize business interruption for Owners. 8. The City shall indemnify Owners against any loss or damage which may occur in 0- exercise of the easement rights by the grantee except for loss which may be occasioned by a diminution in business during the temporary use of the area for repairs or maintenance. MICROFILMED BY JORM MICROLAB CEDAR RAPIDS•DES rio RIES D 9. The provisions hereof shall inure to the benefit of and bind the successors and assigns of Lhe respective parties hereto, and all covenants shall apply to and run with the land. [his perpetual easement shall he recorded at the time of its execution. DATED this day of 1979 CITY OF IOWA CITY, IOWA BY MAYOR ATTEST CITY CLERK DAVID BRAVERMAN STATE OF IOWA SS JOHNSON COUNTY ) On this day of 1979, before me, the undersigned, a Notary Publicin and said County and State, personally appeared 'to me known to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed. Notary Public in and for said County and State DJ TRUST EDMUND GATENS, TRUSTEE STATE OF IOWA ) ) SS JOHNSON COUNTY ) On this day of 1979, before me, the undersigned, a Notary Public in and for said County and State, personally appeared , to me known to be the identical person named in and who executed the within and foregoing instrument and acknowledged that he executed the same as his voluntary act and deed, Notary Public in and for said County and State MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES 110111Es Of RESOLUTION NO. 79-561 RESOLUTION EXEMPTING THE COLLEGE BLOCK BUILDING LOCATED AT 127 E. COLLEGE FROM THE STORM WINDOW/DOOR CHAPTER 17-4.(n)(2)g. REQUIREMENT FOUND UNDER WHEREAS, an exemption for the storm window/door requirement may be made by resolution of Council under Chapter 17-4.(n)(2)g. of the Code of Ordinances of Iowa City. WHEREAS, this dwelling is properly registered on the National Register of Historic Places. WHEREAS, the intrinsic construction of this building and subsequent insulation installation causes this building to exceed the energy standards prevailing at the time of restoration and reconstruction. NOW, BE IT RESOLVED BY THE CITY OF IOWA CITY, THAT: I. The College Block Building located at 127 E. College, is hereby found to be exempt from the storm window/door requirement of the Municipal Housing Code of Iowa City as per the provisions of Chapter 17-4.(n)(2)g It was moved by Neuh�er and seconded by Balmer that the resolution as read be adopted, and upon roll callcall t� a were. AYES: NAYS: ABSENT: j Balmer deProsse X Erdahl Neuhauser Perret X Roberts Vevera Passed and approved this 11th day of December 1979.199. ATTEST: C11T CLERK Received & Approved I By The Legal Deparfinent .9-7-7 (/Q/ 00 Z1 1 -. I MICROFILMED BY JORM MICROLAB CEDAR RAPIDS -DES MOIRcs RESOLUTION NO. RESOLUTION EXEMPTING THE COLLEGE BLOCK BUILDING LOCATED AT 127 E. COLLEGE FROM THE STORM WINDOW/DOOR REQUIREMENT FOUND UNDER CHAPTER 17-4.(n)(2)g. WHEREAS, an exemption for the storm window/door requirement may be made by resolution of Council under Chapter 17-4.(n)(2)g. of the Code of Ordinances of Iowa City. WHEREAS, this dwelling is properly registered on the National Register of Historic Places. WHEREAS, the intrinsic construction of this building and subsequent insulation installation causes this building to exceed the energy standards prevailing at the time of restoration and reconstruction. NOW, BE IT RESOLVED BY THE CITY OF IOWA CITY, THAT: 1. The College Block Building located at 127 E. College, is hereby found to be exempt from the storm window/door requirement of the Municipal Housing Code of Iowa City as per the provisions of Chapter 17-4.(n)(2)g. It was moved by and seconded by that the resolution as read be adopted, and upon roll ca there were. AYES: NAYS: ABSENT: Balmer deProsse Erdahl Neuhauser Perret Roberts Vevera Passed and approved this _day of 1979. ATTEST: CITY CLERK MA Received 3 Approved By The legal DepaAmeM �uCRar:u¢D R. JO RM MICROLAB