HomeMy WebLinkAbout1974-07-30 ResolutionAYES: NAYS: ABSENT:
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Y7HEREAS, Section l0 of the March 19, 1974 contract for the
ment in the City -University
sale of land for private redevelop a rovided that if the
Project I, Urban Renewal project No. R-1_, p
contingencies outlined in Section 10 were no satlby1gi giving
1, 1974, either party could rescind the ag
reemen
written notice to the other, and
I.�gEps, the amended Section 10 of t7 1974rprovidedt as sethat �if
in the second addendum thereto dated MaySection
the contingencies outlined in the 1974, either Party d could res0cindrthe
ot
satisfied by August 1,
agreement by giving written notice to the other, and
T• all of the contingencies have not been eliminated
,7HEREAS, - peri
during which the con -
and the parties wish n extend the p
tract cannot be rescinded to allow more time for the elimination
of the contingencies;
right of either party to
IT IS THEREFORE agreed that the
rescind the March 19, 1974, agreement as amended is hereby sus=
pended indefinitely pending the elimination of the remaining
contingencies_listed in Section 10 of the ming ct as contingencies
At any time before eliminat oensionn of hperiod�and restore thatright
least
either party may end the s.b giving to the other party,
to rescind to both parties by g.ght is a
thirty (30) days before the date date te such rJ which such eright owill be
notice in writing specifying specified in the
restored. During the period between the date sp cies, either
notice and the final elimination of llthe contnngen to the
party may rescind the agreement by giving
other.
1974, the City
IN WITNESS.11HEREOF, on this 31st day of. July,
be affixed and
has caused l�ISiMayoreand its�sealdtoybexher_euntoecuted nduly name an
behalf by developer has caused this
attested by.its City Clerk and the'Redevelop its
Agreement to be duly executed in its name and behalf by
principals below.
CITY. LONA I r IOWA
ATrn E
City Clerk ;
}3y
By Old. cap1-zvl-
(an Iowa Limited Partnership)
A Partner
Wi eda Hieronymus rest
Hieron, Inc., an Iowa corporation
BY: �'
Jay �`! Oehler, President
Investments Incorporated,
an Iowa corporation
By Meadow Link, Incorporate
(an Indiana corporation)
A Partner
Ci
By : �,
J
ce Pres
•moi
By Old. cap1-zvl-
(an Iowa Limited Partnership)
A Partner
Wi eda Hieronymus rest
Hieron, Inc., an Iowa corporation
BY: �'
Jay �`! Oehler, President
Investments Incorporated,
an Iowa corporation
By Meadow Link, Incorporate
(an Indiana corporation)
A Partner
Ci
By : �,
J
ce Pres
1
t'RESOLUTION.`NO' 7.4=305
RESOLUTTON.OF;;NECESSITY
POLLUTION CONTROL:'PLANT PAVING PROJ. #1
WHEREAS, preliminary plans and specifications are now on file in the
Office of the City Clerk fortheconstruction of
Pollution Control Plant Paving Project #1
within the City of Iowa City, Iowa.
NOW, THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa:
1. That it is deemed advisable and necessary to construct
Pollution Control Plant Paving Project #1
within the City of Iowa City, Iowa, to -wit:
ALTERNATE A: The construction of 6" thick full -depth asphaltic con-
crete pavement with 6" X 30" P.C.C. curb and gutter
together with necessary grading and removal of existing
roadway and other incidental construction related thereto
ALTERNATE B: The construction of 6" thick P.C.C. pavement with
integral curb together with necessary grading, removal
of existing roadway and other incidental construction
related thereto
2. The method of construction shall be by contract.
3. The entire cost of the improvement shall be paid from the General
Funds of the City of Iowa City.and shall not be assessed against benefited
property.
4. That the City Council shall meet at 7:30 o'clock P.M., on
the 27th day of August 19 74 in theouncil Chambers of
the Civic Center for the purpose of hearing objections to said improvement or
the cost thereof.
5. The City Clerk is hereby authorized and directed to cause notice of
this Resolution to be published as required by law.
It was moved by -Brandt and seconded by Davidsen that
the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
X Czarnecki
X Davidsen
X deProsse
X White
Passed and approved this 30th day of
ATTEST:
Mayor
City -Clerk
1974
July , VW.
r
WF
Resolution No. 74-305
It was moved by -Brandt and seconded by Davidsen that
the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
X Czarnecki
X Davidsen
X deProsse
X White
Passed and approved this 30th day of
ATTEST:
Mayor
City -Clerk
1974
July , VW.
RESOLUTION: DIRECTING ENGINEER TO PREPARE
DETAILED PLANS & SPECIFICATIONS AND
DIRECTING ATTORNEY, --.TQ PREPARE FORM OF
CONTRACT AND NOTICE TO BIDDERS ON THE
POLLUTION CONTROL PLANT PAVING PROJ. #1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That George Bonnett , City Engineer is hereby ordered
and directed -.to prepare.and file with the Clerk detailed plans
and specifications for the construction of the
Pollution Control Plant Paving Project #1
BE IT FURTHER RESOLVED that. the Attorney is hereby ordered
and directed`to.prepare and file with the Clerk a Notice to
Bidders:` and form of contract for the construction of the
Pollution ControlPlant Paving Project #1
It was moved by. Brandt and seconded by y�
that the Resolution -as read be. adopted, and upon roll ca
there were:.
AYES: NAYS: ABSENT
x Brandt
X Akxmw3ddc Davidsen
x Czarnecki
x Mcdoxn4am deProsse
x White
PASSED AND APPROVED, this 30th day of July ,
19 74
C"' h
\/ ,= RESOLUTION = N0. .7 4 -Z 0 7 I'
RESOLUTION ORDERING._CONSTRUCTION „APPROVING PLANS,
SPECIFICATIONS AND.=FORM OF CONTRACT.AND NOTICE TO
BIDDERS, FIXING AMOUNT OF BIDDER'S CHECK, AND
ORDERING CITY CLERK TO PUBLISH NOTICE TO BIDDERS
AND FIXING A DATE FOR RECEIVING SAME, AND FOR A
PUBLIC HEARING ON PLANS, SPECIFICATIONS AND FORM
POLLUTION CONTROLF f"PAVING PROD. #1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That the construction of Pnl liti nn i'nnr,-moi ni
t Paying
rro l
is hereby ordered to be constructed.
BE IT FURTHER RESOLVED that the detailed plans and specifications as
prepared by George Bonnett Cit En ineer Dept. of Public Works
for the construction of said. Pollution Control Plant PavinPro' . 1
for the City of Iowa City, Iowa, and the form of
contract and Notice to Bidders, as prepared by the City Attorney, be and the
same are hereby approved, and are hereby ordered placed on file in the office
of the City Clerk for public. inspection.
BE IT FURTHER RESOLVED, that,the.amIunt of the check to accompany each bid
shall be xxx
to the City Treasutx
er of the City of Iowtdxbdxmc $1City, Iowa
.000.00 made payable
a
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to adver-
tise for bids for the construction of said improvements, bids to be received
by the City Manager in:behalf of the City Council of the City of Iowa City,
Iowa, up to 10 -D
0 o'clock A.M. on the 2 th day of Au us t 19
to be opened by the City Manager at.a public meetingto be �, and
at that time, and thereupon referred to the City Concil forraction upon said
ver by im
bids at a meeting to.be held at the Council Chambers, Civic Center, Iowa City,
Iowa, on the da of `
to Bidders is to be y Sept. each
wee at 30 o'clock P�1. Notice
published once each week for two consecutive weeks in
the Iowa City Press -Citizen, a -legal newspaper, printed wholly in the English
language, the first publication to be not less than fifteen clear days prior
to the date fixed for said letting. In the absence of the City Manager said bid
opening may be conducted by any city official to whom such power has been
delegated by Ordinance.
BE IT FURTHER RESOLVED, that the Council hold a public hearing on the
matter of the adoption of proposed plans,specifications and form of contract
for the making of said improvements, which documents are now on file in the
office of the City Clerk, said hearing to be held at the place last above
mentioned on the 27th day of Augus t 19 74
and that the Cit Clerk , at 7:30 o'clock P•M.,
Y give notice of .said hearing by publication once in a
local legal newspaper, printed -wholly in the English language, at least ten
clear days prior to the date fixed therefor.
It was moved .by Brandt - and seconded. by Davidsen
the resolution as read be adopted and upon roll call there were; that
i
AYES: NAYS: ABSENT:
Brandt x
Czarnecki _x
Davidsen x
deProsse x_
White _ x
Passed this 30th day of . July 19 7
ON
Mayor
ATTEST: /
City Glerk-'.
t
J
Y..
RESOLUTION NO.
74-307 I
i
AYES: NAYS: ABSENT:
Brandt x
Czarnecki _x
Davidsen x
deProsse x_
White _ x
Passed this 30th day of . July 19 7
ON
Mayor
ATTEST: /
City Glerk-'.
RESOLUTION OF`NECESSITY
COLLEGE:STREET:PARKING`LOT PROJECT
WHEREAS, preliminary plans and specifications are now on file in the
Office of the City Clerk for the constructionof
College Street Parking Lot Project
within the City of Iowa City, Iowa.
NOW, THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa:
1. That it is deemed advisable and.necessary to construct
College Street Parking Lot Project
within the City of Iowa City, Iowa, to -wit: -
The proposed improvements will consist of placing an asphaltic
concrete surface along with incidental grading and drainage
facilities on Block 64, original, town, Iowa City, Iowa
800
tons
Type.A Asphaltic Concrete
250
tons
Type A Asphaltic Concrete Median
645
lin ft
Asphaltic Concrete Curb
1,394
tons
Crushed Stone Base
85
sq yd
7" P.C. Concrete Pavement
180
sq ft
41' P:C. Concrete Sidewalk
20
lin ft
12" Storm Sewer
2
each
Inlet
1,745
gal
Tack
800
sq yd
Pavement Removal
lump sum
Remove Inlets $ Rebuild Storm Sewer
2. The method of construction shall be by contract.
3. The entire cost of the improvement shall be paid from the General
Funds of the City of Iowa City.and shall not be assessed against benefited
property.
4. That the City Council shall meet at _7:30 o'clock P M. on
the 27th day of August ,' 19 74 , in the Council Chambers of
the Civic Center for the purpose of hearing objections to said improvement or
the cost thereof.
5. The City Clerk is hereby authorized and directed to cause notice of
this Resolution to be published as required by law.
It was moved by Brandt and seconded by Davi dsPn that
the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
Czarnecki
Davidsen
deProsse
White
X
X
X
X
r
i
i
Resolution No. 74-308
It was moved by Brandt and seconded by Davi dsPn that
the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
Czarnecki
Davidsen
deProsse
White
X
X
X
X
1974
Passed and approved this 30th day of July XNXX
ATTEST:
YL
.City-;Clerk'
Mayor
■
✓ �� i L.r .la r l t -
� _ c
y 5
RESOLUTION DIRECTING ENGINEER TO PREPARE
DETAILED PLANS &.SPECIFICATIONS AND
DIRECTING 'ATTORNEY TO PREPARE FORM OF
CONTRACT AND.NOTICE TO BIDDERS ON THE
COLLEGE STREET PARKING LOT PROJECT
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA:
That George; Bonnett , City Engineer is hereby ordered
and directed to prepare and -file with the Clerk detailed plans
and specifications for,the construction of the
College Street Parking Lot Project
BE IT FURTHER RESOLVED.that.the-Attorney is hereby ordered
and directed :to prepare and file with the Clerk a Notice to
Bidders and form°of contract for the construction of the
It was moved by Brandt and seconded by Davidsen
that the Resolution as read e adopted, and upon rollcalf—�
there were:
AYES: NAYS: ABSENT:
X
x
X
x
X
PASSED AND APPROVED,
19 74
Brandt
�1 Davidsen
Czarnecki
circ# dePros se
White
this 30th
day of July
prepared by George Bonnett i
for the construction of said College Street`Parking Lot Project
for the City,of;Towa City, Iowa, and the form of
contract and Notice to Bidders, as prepared by the City Attorney, be and the
same are hereby approved, and are hereby ordered placed on file in the office
of the City Clerk for public inspection.
BE IT FURTHER RESOLVED, that the amount of the check to accompany each ab lel to
shall be 949$}X$Ilx�xKxx$untxzf':khxxk dxzfxwmkxkiitiirxx
City Treasurer of the City of Iowa' City
BE IT FURTHER RESOLVED, that -the City Clerk is hereby directed to adver-
tise for bids for the construction of said improvements, bids to be received
by the City Manager in behalf of the City Council of the City of Io1974 City,
and
Iowa, up to ,1;QQo' clock AM. - on the 29th d_ ay . of Agggs t ,
to be opened by the City Manager at a public meeting to be presided over by him
at that time, and thereupon referred to the;'City Council for action upon said
bids at a meeting to be held at the Council:Chambers,
Civic Center, Iowa City,
Notice
Iowa, on the 3rd day of, Sept. ,19 74, at 7:30 O'clock P M.
to Bidders is to be ,published once each week for two consecutive weeks in
the Iowa City Press Citizen, a legal newspaper, printed wholly in the English
language, the first publication to be not less than -fifteen clear days prior
to the date fixed for said letting. In the absence of the City Manager said bid
y: official to whom such power has been
opening may be conducted by any cit
delegated by Ordinance.'
BE IT FURTHER RESOLVED, that the Council hold a public hearing on the
matter of the adoption of proposed plans, specifications and form of contract
for the making of said improvements, which documents are now on file in the
office of the City Clerk, said hearing to be held at the place last above
mentioned on the 27th `day of August ,19:74 at 7 30 o'clock P•M.,
and that the City Clerk give notice of said hearing by publication once in a
local legal newspaper, printed wholly in the English language, at least ten
clear days prior to the date fixed therefor.
it was moved .by ..Dayidsen
and seconded by White that
the resolution as read be adopted and upon roll call there were:
3'AA'
RESOLUTION N0.`'
RESOLUTION, ORDERING CONSTRUCTION;.'APPROVING PLANS,
SPECIFICATIONS AND FORM OF CONTRACT AND NOTICE TO
BIDDERS, FIXING AMOUNT OF BIDDER'S CHECK, AND
ORDERING CITY CLERK TO PUBLISH NOTICE TO BIDDERS
AND FIXING A DATE FOR RECEIVING SAME, AND FOR A
PUBLIC HEARING ON.- PLANS,, SPECIFICATIONS AND FORM
OF CONTRACT
COLLEGE STREET PARKING LOT PROJECT
BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
BE IT RESOLVED
College Street Parking Lot Project
That the construction of
is hereby ordered to be constructed.
BE IT FURTHER RESOLVED that the detailed plans and specifications as
De t.
C't Bn ineer Public iVorks
prepared by George Bonnett i
for the construction of said College Street`Parking Lot Project
for the City,of;Towa City, Iowa, and the form of
contract and Notice to Bidders, as prepared by the City Attorney, be and the
same are hereby approved, and are hereby ordered placed on file in the office
of the City Clerk for public inspection.
BE IT FURTHER RESOLVED, that the amount of the check to accompany each ab lel to
shall be 949$}X$Ilx�xKxx$untxzf':khxxk dxzfxwmkxkiitiirxx
City Treasurer of the City of Iowa' City
BE IT FURTHER RESOLVED, that -the City Clerk is hereby directed to adver-
tise for bids for the construction of said improvements, bids to be received
by the City Manager in behalf of the City Council of the City of Io1974 City,
and
Iowa, up to ,1;QQo' clock AM. - on the 29th d_ ay . of Agggs t ,
to be opened by the City Manager at a public meeting to be presided over by him
at that time, and thereupon referred to the;'City Council for action upon said
bids at a meeting to be held at the Council:Chambers,
Civic Center, Iowa City,
Notice
Iowa, on the 3rd day of, Sept. ,19 74, at 7:30 O'clock P M.
to Bidders is to be ,published once each week for two consecutive weeks in
the Iowa City Press Citizen, a legal newspaper, printed wholly in the English
language, the first publication to be not less than -fifteen clear days prior
to the date fixed for said letting. In the absence of the City Manager said bid
y: official to whom such power has been
opening may be conducted by any cit
delegated by Ordinance.'
BE IT FURTHER RESOLVED, that the Council hold a public hearing on the
matter of the adoption of proposed plans, specifications and form of contract
for the making of said improvements, which documents are now on file in the
office of the City Clerk, said hearing to be held at the place last above
mentioned on the 27th `day of August ,19:74 at 7 30 o'clock P•M.,
and that the City Clerk give notice of said hearing by publication once in a
local legal newspaper, printed wholly in the English language, at least ten
clear days prior to the date fixed therefor.
it was moved .by ..Dayidsen
and seconded by White that
the resolution as read be adopted and upon roll call there were:
RESOLUTION NO. 74-310
AYES: NAYS: ABSENT:
Brandt X
Czarnecki X
Davidsen X
deProsse X
White X
Passed this 30th day of July 19 74
BE IT RESOLVJED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
L. Pelling Company
That the contract and bond executed by
L.
of Iowa City, Iowa
dated July 19th 19 74 ---------------
for
4
£or the construction of the 1974 As halt Resurfacin Program
within the City of Iowa City, Iowa, as 'described in the plans and specifica-
tions and which have been signed.by the Mayor and City Clerk on behalf of the
City of Iowa City, Iowa be'`and the same are hereby approved.
Brandt white
It was moved by and 'seconded by
that the resolution as read be -adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt_
Davidsen X
X
CzarneckiL.
X
gj ldeProsse
X
White
�..,., 1974
ATTEST:
�
h }
Z
}
T°.
"-: RESOL
RESOLUTION:
TION'NO.
1974 ASE
BE IT RESOLVJED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
L. Pelling Company
That the contract and bond executed by
L.
of Iowa City, Iowa
dated July 19th 19 74 ---------------
for
4
£or the construction of the 1974 As halt Resurfacin Program
within the City of Iowa City, Iowa, as 'described in the plans and specifica-
tions and which have been signed.by the Mayor and City Clerk on behalf of the
City of Iowa City, Iowa be'`and the same are hereby approved.
Brandt white
It was moved by and 'seconded by
that the resolution as read be -adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt_
Davidsen X
X
CzarneckiL.
X
gj ldeProsse
X
White
�..,., 1974
ATTEST:
v �
h }
}
TION'NO.
tizo.
PPROVING CONTRACT AND BOND,
ntM' oFettuRA( Tiia:PROGRAM
BE IT RESOLVJED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
L. Pelling Company
That the contract and bond executed by
L.
of Iowa City, Iowa
dated July 19th 19 74 ---------------
for
4
£or the construction of the 1974 As halt Resurfacin Program
within the City of Iowa City, Iowa, as 'described in the plans and specifica-
tions and which have been signed.by the Mayor and City Clerk on behalf of the
City of Iowa City, Iowa be'`and the same are hereby approved.
Brandt white
It was moved by and 'seconded by
that the resolution as read be -adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt_
Davidsen X
X
CzarneckiL.
X
gj ldeProsse
X
White
�..,., 1974
ATTEST:
party of the second part, hereinafter referred to as the "Contractor".
WITNESSETH:
That whereas the.. Owner has heretofore caused to be prepared
certain plans, specifications and proposal blanks, dated the 25th
day of June , 19 74 , for the 1974 ASPHALT RESURFACING PROJECT
under the terms and conditions therein fully stated and set forth,
and.
Whereas, said plans, specifications and proposal accurately,
and fully describe the terms and conditions upon which the Contractor
is willing to perform the work specified:
1-:014, THEREFORE, IT IS AGREED:
1. That the Owner hereby -accepts the proposal of the Contractor
for the work and for the sums listed below:
UNIT EXTENDED
ITESd DESCRIPTION UNIT QUANTITY PRICE AMOUNT
DIVISION I - Various City Streets
1.
Surface Course ;Type A
tons
52002
$20.64
$ 103,241.28
2.
Leveling Binder, Type A
tons
1,250
20.21
25,262.50
3.
Tack Coat -
gals
52454
0.60
31272.40
4.
Manhole Adjustment
each,
22
150.00
3,300.00
DIVISION II - Melrose Ave, R.I.R.R.
to Byington
Rd.
I.
Surface Course, Type A
tons
973
20.64
20,082.72
2.
Leveling Binder, Type A
tons
71
20.21
1,434.91
3.
Scarify, Pulverize, Relay,
Compact and Shape
sq;yd
5,833
2.65
15,457.45
4.
Tack Coat
gals
1,249
0.60
749.40
DIVISION III - Dodge Street, North
Governor to
Burlington St.
1.
Surface'Planing
sq yd
21,183
1.85
39,188.55
Governor to.Burlingt
lin ft as req'd
TOTAL CONTRACT PRICE
20.21
�s
i
0.60
01
" ITEM
DESCRIPTION "•
DIVISION IV - Dodge Street, North
1.
Surface Course, Type A
2.
Leveling Binder, Type A
3.
Tack Coat
4.
Manhole Adjustment
ALTERNATE NO. 1
1.
Asphalt Curb
Governor to.Burlingt
lin ft as req'd
TOTAL CONTRACT PRICE
20.21
230807.38
0.60
1,905.60
150.00
2,850.00
1.50
$ 289,923.07'
2.
That this Contract consists of the following
component parts which are
made a
part of this agreement and Contract as fully
and absolutely as if they
were set
out in detail in this Contract:_.
a. Addenda Numbers One
b. Detailed Specifications for 1974 Asphalt Resurfacing Project
C. Plans
,d.
Notice of Public Hearing and Notice to Bidders
e. Instructions to Bidders
f. Special Conditions
g. Supplemental General Conditions
h. General Conditions
i. Proposal
j. This Instrument
Above components are complementary and what
is called for by one shall
be as
binding as if called for by all.
3.
That payments are to be.made to the Contractor ,in accordance with and
subject
to the provisions embodied in the documents
made'a part of this Contract.
4.
That this Contract is executed.in three (3)
copies
IN WITNESS WHEREOF, the parties hereto have
hereunto set their hands and seals
the
date first written above.
CITY OF
By
(Title)
ATTEST:
CITY, IOtiVA Contra
(Seal) By
(Title) City Clerk
(Title
ATTEST:
(Title) v' c e7 -57-
(Company
(Company Offici )
C-02
F
KNOW ALL MEN BY THESE PRESENTS THAT "., L L PELLING COMPANY, INC., an Iowa
r
Here insert the name an a rese or ega tit e o t a ontraator
a Principal, hereinafter called the.Contractor and
ST.'PAUL FIRE AND MARINE INSURANCE. COMPANY,
a Minnesota cor oration licensed in Iowa,St.. Paul, Minnesota
Here insert the-Zelyal title of the Surety
as Surety, hereinafter.called the Surety, are held and firmly bound
onto the City of Iowa.City, Iowa, .as obligee, hereinafter called the
TWO HUNDRED EIGHTY NINE THOUSAND, NINE
Owner, in the amount of HUNDRED TWENTY THREE AND 07/100-----------------
Dollars ($ 289 923.07 ) for the payment whereof Contractor and
Surety bind themselves, their heirs, -executors, administrators,
successors and assigns, -jointly and severally, firmly by these presents.
WHEREAS, Contractor has by written agreement dated July 19 ,
1974 , entered into a Contract with Owner for
1974 Asphalt Resurfacing Project, Iowa City, Iowa
In accordance with drawings and specifications prepared by the City
of Iowa City, which . Contract :'is by reference made a part hereof,.and
is hereinafter referred to as the -Contract.
NOW, THEREFORE, THE CONDITIONS OF. THIS OBLIGATION are such that, if
Contractor shall promptly.and faithfully perform said Contract, then
the obligation of this bond shall be.'null`and void; otherwise it shall
remain in full force and effect.
A. The Surety hereby waives noticel of any alteration or -extension
of time made by the Owner.
B, Whenever Contractor shall be, and is declared by Owner to be, in
default under the Contract, the Owner., having performed Owner's
PB -I, .
obligations thereunder.--the.Suroty m y p
default, or shall promptly:
1. Complete the Contract in accordance with its terms and
conditions, or
2. Obtain a bid or bids for submission to Owner for completing
the Contract in accordance with its terms and conditions,
and upon determination by Owner and Surety of the lowest
responsible bidder, arrange for a contract between such
bidder and Owner, and make available as work progresses
(even. though there should be'a default ora succession of
defaults under the Contract or contracts of completion
arranged under this paragraph) -sufficient funds to pay the,
cost of completion less the balance of the Contract Price;
but not exceeding, including -other costs and damages for
which the Surety may be liable, hereunder, the amount set
forth in the first paragraph hereof. The term "balance of
the Contract Price", as used in this paragraph, shall mean
the total amount 'payable by Owner to Contractor under the
Contract and any amendments thereio,.less the amount properly
paid by Owner to Contractor.
C. The.Contractor and his Surety shall, in accordance with the
provisions of Section 391<,0f the Code of Iowa be obligated to
keep the improvements covered .by this bond in good repair for
a period of (none) from the date of'acceptance of
the improvements by the Owner.
l
D. Any suit under this bond must be instituted before the expiration
of one (1) yearA from -the date ion which final payment under
the Contract falls due.
PB -2
j
' l
•
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a
romptly remedy the
obligations thereunder.--the.Suroty m y p
default, or shall promptly:
1. Complete the Contract in accordance with its terms and
conditions, or
2. Obtain a bid or bids for submission to Owner for completing
the Contract in accordance with its terms and conditions,
and upon determination by Owner and Surety of the lowest
responsible bidder, arrange for a contract between such
bidder and Owner, and make available as work progresses
(even. though there should be'a default ora succession of
defaults under the Contract or contracts of completion
arranged under this paragraph) -sufficient funds to pay the,
cost of completion less the balance of the Contract Price;
but not exceeding, including -other costs and damages for
which the Surety may be liable, hereunder, the amount set
forth in the first paragraph hereof. The term "balance of
the Contract Price", as used in this paragraph, shall mean
the total amount 'payable by Owner to Contractor under the
Contract and any amendments thereio,.less the amount properly
paid by Owner to Contractor.
C. The.Contractor and his Surety shall, in accordance with the
provisions of Section 391<,0f the Code of Iowa be obligated to
keep the improvements covered .by this bond in good repair for
a period of (none) from the date of'acceptance of
the improvements by the Owner.
l
D. Any suit under this bond must be instituted before the expiration
of one (1) yearA from -the date ion which final payment under
the Contract falls due.
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shall
accrue to or :fore the:;.use:
of..,. any person
- E, No right of action
or corporation other thanjthe•Owner
named herein
or the hers,
executors, administrators
or
successors of Owner.
IT IS A FURTHER CONDITION OF THIS OBLIGATION that the principal and
Surety shall, in accordance with provisions of Chapter 573 of the
Code of Iowa, pay to all persons,.firms or corporations having con-
tracts directly with the principal•or with subcontractors all just
claims due them for labor performed or materials furnished in the
performance of the contract on account of which this bond is given.
The provisions of Chapter.S73,.Code of. Iowa, are a part of this bond
to the same extent as if they were expressly set out herein.
SIGNED AND SEALED THIS
19th DAY OF- .' July
A.D., 19 74
IN THE PRESENCE OF:
L. L. PELLING COMPANY
r rr. . r ritnciTU3
INC.
ST .
itnes
rety
ttorney-in-Fact and
Iowa Resident Agent
Y
Original on File'at Home Office of Company. See Certification.
ST. PAUL
FIDELITY AND SURETY , F I:R E and : MARINE
DEPARTMENT 4KJa
HOME OFFICE: ST. PAUL. MINNESOTA
KNOW ALL MEN BY THESE PRESENTS: That the St. Paul Fire and Marine Insurance Company, a corporation organized
and existing under the laws of the State of Minnesota, and having itsprincipaloffice in the City of Saint Paul, Minnesota, does hereby
constitute and appoint -
Patricia R. Zahn, Lovell Zapf, L. Pieratt, Jr., David F. Freiermutb, Veronica Monaghan,
Theresa Juhl, individually, Waterloo, Iowa
its true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings,
recognizances, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or
permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents,
shall be as binding upon the said St. Paul Fire and Marine Insurnnce Company, as fully and amply, to all intents and purposes_, as
if the same had been duly executedand"acknowledged by its regularly elected officers at its principal office.
This Power of Attorney is executed, and may be certified to and may be revoked, pursuant to and by authority of Article V,
—Section 6(C), of the By -Laws adopted by the Board of Directors of the ST. PAUL FIRE AND MARINE INSURANCE COMPAN]'
at a meeting called and held on the 23rd day of January, 1970, of which the following is a true transcript of said Section 6(C).
"The President or any Vice President, Assistant Vice President, Secretary or Resident Secretary, shall have power and authority
(1) To appoint Attorneys -in -tact, and to authorize them to execute on behalf of the Company, and attach the Seal of the
Company thereto, bonds and undertakings, _ recognizances, contractsof indemnity and other writings obligatory in the nature
thereof, and
(2) To appoint Special Attorneys -in -fact, who are hereby authorized to certify to copies of any power-of-attorney issued in
pursuance of this section andior any of the By -Laws of the Company, and
(3) To remove, at any time, any such Attorney-in-fact or Special -Attorney-in-fact and revoke the authority given him."
Further, this Power of Attorney is signed and sealed by facsimile pursuant to resolution of the Board of Directors of said
Company adopted at a meeting duly called and held on the 6th day of May, 1959, of which the following is a true excerpt.
"Note therefore the signatures of such officers and the seal of the Company may be affixed to any such power of attorney or any
certificate relating thereto by facsimile, and any such power of attorney or certificate bearingsuch facsimile signatures or facsimile seal
shall be valid and binding upon the Company and any such power so executed and certified by facsimile signatures and facsimile seal
shall be valid and binding upon the Company in the future with respect -to any bond or undertaking to which it is attached."
-i
IN TESTIMONY WHEREOF, the St. Paul Fire and Marine Insurance Company has caused this
instrument to be signed and its corporate seal. to be affixed by its authorized officer, this 19th
day of February A. D. 19 73
ST. PAUL FIRE AND MARINE INSURANCE COMPANY
STATE OF AbIINNESOTA
I
ss.
County of Ramsey )
vitt PrtriAtnt.
On this 19th day of February 19 71 before me came the individual who executed the
preceding instrument, to me personally known, and, being by me duly sworn, said that he is the therein described and authorized officer
of the St. Paul Fire and Marine Insurance Company; that the seal affixed to said instrument is the Corporate Seal of said Company;
that the said Corporate Seal and his signature were duly affixed by order of the Board of Directors of said Company.
IN TESTIMONY WHEREOF, I have hereunto set my hand and
affixed my Official Seal, at the City of Saint Paul. Alinnesota, the day
and year first above written. -
C. L. JAECER
Notary Public, Ramsey County, Minn.
My Commission Expires June 2, 1974.
CERTIFICATION
I, the undersigned officer of the St. Paul Fire and Marine Insurance Company, do hereby certify that I have compared the
foregoing copy of the Power of Attorney and affidavit, and the oopy of theSectionof the By -Laws of said Company as set forth in said
Power of Attorney,' with the ORIGINALS ON FILE -IN THL•- 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. - - -
IN TESTIMONY WHEREOF, I have_hereuntp set my hand this 19th day of July
Power of Attorney to be dated
at the bottom the same date as
the contract and bond,
tUnlimited as to character and amount.
10870 CPS Re.. 0.70 Prinled In U.S.A.
19 74
Serrtrary.
RESOLUTION NO. -312
WHEREAS, the owner and proprietor, Bryn Mawr Heights
Co., has filed..with the City Clerk of Iowa City„ Iowa, a
plat and subdivision 'of Part Five Bryn Mawr Heights, an
Addition to the City'of Iowa=City,• Iowa,covering the following -
described premises -located in Iowa City, Johnson County,
Iowa, to -wit
Beginning'.at''.a point, which is South
633.79':feet and East 24.5.52 feet from
the West Quarter .':corner of:Section 16,
Township 79:North:Range.6 West of the
5th P.M, which is the'Southeast corner
of Lot 112 in Part Three Bryn Mawr Heights,
an Addition: to.the City,of Iowa City,
Iowa,.according to,the;:plat"thereof
recorded in `Plat _`Book.< 7, :-page '53 , Plat
Records of. Johnson County,: -,Iowa; thence
South , 77028' 10" :West, ;349.51 feet on.
the South line Of-said`.Part Three; thence
North- 870541.40Y.-We`st, `666.56 feet on
the South line of said.Part,Three to
the Southwestcorner of said Part Three;
.the South`' 2°27' 50" tTgest '39..43 feet,
thence South 48'22149111.:'East`20870 feet,
thence Northeasterly=66.06<feet on a
75.00 foot radios:curve concave southeasterly;
thence South 87054.'-4011'East`651.18 feet;
thence South".;74024147 East 36.50 feet;
thence North'89031133 East.,.142.78 feet
to the West line -of Part:One Bryn Mawr
Heights,' -an Addition to,the'city of
Iowa`City, Iowa according to the plat
thereof recorded n.Plat Book 6, page
'12, Plat Records of Johnson County,
Iowa; thence North 90141051, East 22.05
feet on ';the west,line of said: Part One;
thence ;North >7-0.-47.1001, west 114.91 feet
on 'the west line of said Part One; thence
North.12°31150"West 103.62 -feet on
the West line.of::said Part One to the
point of beginning.
and
WHEREAS,_said property is owned by the above-named
corporation and the dedications as required by the Subdivision
RESOLUTION NO. -_-74 312
WHEREAS said plat- and sub
division has been examined
by the Planning and Zoning commission.of Iowa City, and
after due deliberation.4 said Commission has recommended
that said platandsubdivision be.accepted and approved;
and
WHEREAS, said plat and
subdi vision is found to
conform with the requirementsof the city Ordinances of
the City of Iowa City,,Jowa, with �. . respect to the
establishment
of land subdivisions,,,and with the requirements of Chapter
409 of the 1973.Code of Iowa,,as. amended,, and all other
statutory requirements;
NOW THEREFORE BE.:IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF_IdWA CITY, IOWA:1.
That said-plat-and subdivision of Part Five
Bryn Mawr Heights; an Addition -.the City of Iowa City, Iowa,
ion to
be and the same is herebyapproved .by the City Council of
Iowa City, Iowa, and the dedication of the streets, sidewalks
and walkway set Out thiirein.is hereby accepted as by law provided.
BE IT FURTHER -RESOLVED .that,the City Clerk of the
City of Iowa City-,, Iowa$,,,iis.:hereby...,autho rized and directed
to certify a copy `of this resolution and of the final plat
of said subdivision to'heOffice 'of- 'the County Recorder
of Johnson County, Iovja-.',
Passed this
of 19 74
GAR R. MECKIF Mayor
ATTEST:
...City,-,:O:f Aa City Iowa.
ABBIE STOLFUS;.-City Clerk,
City of Iowa' City Towd.
74-3-13
RIiSOLUTION. NO,.`;
RESOLUTION OF APPROVAL OF CLASS C LIQUOR. CONTROL LICENSE
APPLICATION:
BE IT RESOLVED BY THE'CITY,,COUNCIL OF. IOWA CITY, IOWA, that a
Class C Liquor Control License application is hereby ap-
proved for the following named person or persons at the following
described location:
The Great American Saloon Co. dba/Maxwell's, f -12-E. College
Said approval shall be subject to any'conditions or restrictions here-
after imposed by,ordinance-or state law.
The City Clerk shall cause: a recommendation for approval to be
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 White and seconded by Brandt
that the Resolution as read be adopted,.and upon roll call there were:
AYES: NAYS: ABSENT:_
Brandt X
Czarnecki X
Davidsen X
de�rosse X
White X
- ;"RGAVW 11V1\'-1V-lA7 YG' �iVe�c�r.11G ra:.cu'�11Y - ..
WHEREAS, the.following firms .and persons have made application, filed the
bond, and paid the mulct tax required bylaw for the sale of cigarettes and
cigarette papers; therefore,
BE IT RESOLVED BY_THE CITY COUNCIL OF IOWA CITY, IOWA, that the applications
be granted and the cigarette bond -now on file in the office of the City Clerk be
and the same ere hereby approved, and the City Clerk be and he is hereby directed
to issue a permit to sell cigarette papers and cigarettes to the following named
persons and firms:
Nicholls of Iowa City; Inc.
Muscatine Road
dba/ Donutland #13, 1818 Lower
It was moved by White and seconded by Brandt that
the Resolution as read be.adopted, and`upon roll call there were:
AYES: NAYS: ABSENT:
Brandt X
Czarnecki, X
Davidsen X
deProsse X
White X
RESOLUTION TO'REFUND_CIGARETTE PERMIT
WHEREAS, the Great.'Atlantic & Pacific at 700 S. Clinton St.
ea GOmpany, Inc.
in Iowa City, Iowa, has surrendered cigarette permit No. 74-14 expiring
June 30 , 19 75 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. 74-14 issued to the . Great Atlantic & Pacific Tea
ompany, Inc.
be cancelled, and
BE IT FURTHER RESOLVED ,that -the Mayor and City Clerk be and they are hereby
authLo iz d directed to draw a warrant on the General Fund in the amount of
oa
$ payable to the Great. Atlantic & Pacific Tea Company
as a refund on cigarette permit No.74-14
It was moved by White .and seconded�by Brandt that
the Resolution as read be adopted, and upon roll call there were:
AYES:`` NAYS: ABSENT:
Brandt X
Czarnecki % -
Davidsen X
deProsse
White
X
►M
Passed this 30th day of July 1974
V
Y. � _p iy �n•
'.
i.
RESOLUTION 74=315', `
RESOLUTION TO'REFUND_CIGARETTE PERMIT
WHEREAS, the Great.'Atlantic & Pacific at 700 S. Clinton St.
ea GOmpany, Inc.
in Iowa City, Iowa, has surrendered cigarette permit No. 74-14 expiring
June 30 , 19 75 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. 74-14 issued to the . Great Atlantic & Pacific Tea
ompany, Inc.
be cancelled, and
BE IT FURTHER RESOLVED ,that -the Mayor and City Clerk be and they are hereby
authLo iz d directed to draw a warrant on the General Fund in the amount of
oa
$ payable to the Great. Atlantic & Pacific Tea Company
as a refund on cigarette permit No.74-14
It was moved by White .and seconded�by Brandt that
the Resolution as read be adopted, and upon roll call there were:
AYES:`` NAYS: ABSENT:
Brandt X
Czarnecki % -
Davidsen X
deProsse
White
X
►M
Passed this 30th day of July 1974
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