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Home My WebLink About1974-09-03 Resolution'i c ►� 'i � c ►t '10 i = • ►. ► 14 • ►� 101 • I • • ►. 10 ► 1 '1 • ►/ '♦ _ • • • '1 ,♦ • ►. ♦ • �. i -! �t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t� �t�t•1.t�t�t�t�t�tttitt�t�tttitt�t�t�t�t+t�t�t�t�t�l�t�t�t�t�tt�t�l�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t�t� � � � !. 9L£ -VL *ON NOIsngOSaU • P RESOLUTION N0. 74-377 RESOLUTION APPROVING AND PROVIDING FOR THE EXECUTION OF A SECOND AMENDATORY CONTRACT AMENDING LOAN AND CAPITAL GRANT CONTRACT NO. IOWA R-14 BY AND BETWEEN THE CITY OF IOWA CITY, IOItiA, AND THE UNITED STATES OF AiMERICA. WHEREAS, the City of Iowa City, Iowa, has entered into a contract with the United States of America, said contract dated September 2, 1970, and amended by a first amendatory contract dated June 10, 1974, for the purposes of executing an urban renewal project known as City - University Project I, Iowa R-14; and WHEREAS, it is now necessary for various reasons to amend said contract again, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, AS FOLLOWS: 1. The pending proposed Second Amendatory Contract, amending Loan and Capital Grant Contract No. Iowa R-14, dated September 2, 1970, by between the City of Iowa City, Iowa, (herein called the "Local Public Agency"), and the United States of America (herein called the "Govern- ment"), is hereby in all respects approved. 2. The Mayor is hereby authorized and directed to execute the Amenda- tory Contract in two counterparts on behalf of the Local Public Agency, and the City Clerk is hereby authorized and directed to impress and attest the official seal of the Local Public Agency on each such counter- part and the City Manager is directed to forward such counterparts to the Department of Housing and Urban Development, for execution on behalf of the Government, together with such other documents relative to the approval and execution of such counterparts as may be required by the Government. 3.. This Resolution shall take effect immediately. It was moved by Brandt and seconded by Davidsen that the Resolution as read e adopted and upon roll call t ere were: AYES: NAYS: ABSENT: X BRANDT CZARNECKI X DAVIDSEN X DEPROSSE X WHITE -� MAYO Passed and approved this 3rd day ATTEST: i �' "� .ity er of September , 1974 FOR THE SALE OF.LAND`FOR`PRIVATE.REDEVELOPMENT. WHEREAS, THE CITY OF IOWA CITY, I0WA3 ACTING AS THE LOCAL PUBLIC AGENCY, has entered into a contract for Loan and Grant with the United States of America for the implementation of an Urban Renewal Project known as Project Iowa R-14, and WHEREAS, certain land purchased by the Local Public Agency has been offered for sale for private redevelopment, and WHEREAS, bids were solicited for the purchase and redevelopment of Disposition Parcel 93-4 within the Project Area, and WHEREAS, bids were opened on June 13, 1974, in Iowa City, Iowa, and, WHEREAS, the proposal received has been reviewed and received favorable comment from the Project Area Committee, the Design Review Board and the City Staff, and WHEREAS, the bid received meets all of the requirements set forth in the land marketing documents issued by the Local Public Agency, NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that 1. The Mayor is authorized on or after September 3, 1974, to enter.•into a contract for the sale of land for private redevel- opment with Mr. Edwin E. Breese for the sale and redevelopment of Disposition Parcel 93-4, in Project Iowa R-14, 2. Upon execution of said contract, the City Manager is hereby directed to notify the federal Department of Housing and Urban Development that the sales agreement is fully executed. It was moved by Davidsen and seconded by White that the Resolution as read e adoptecT, and upon roll call t ere were: AYES: NAYS: X LX X .X X ATTEST: ABSENT: City Clerk BRANDT CZARNECKI DAVIDSEN DEPROSSE WHITE MA U.S. DEPARTMENT OF NOUSING AND URBAN DEVELOPMENT RBAN RENEWAL PROGRAM STANDARD FORM OF CONTRACT yD FOR PRIVATE REDEVELOPMENT. -------------------- Part 1 of CONTRACT FOR ID FOR PRIVATE REDEVELOPMENT By and Between ity ':of Iowa City, Iowa and dwin Breese �r. .. r U.S. DEPARTMENT OF NOUSING AND URBAN DEVELOPMENT RBAN RENEWAL PROGRAM STANDARD FORM OF CONTRACT yD FOR PRIVATE REDEVELOPMENT. -------------------- Part 1 of CONTRACT FOR ID FOR PRIVATE REDEVELOPMENT By and Between ity ':of Iowa City, Iowa and dwin Breese SCHEDULE A LEGAL DESCRIPTION All that certain parcel or parcels of land located in the City of Iowa City, County of Johnson, State of Iowa, more particularly described as follows, to -wit; A tract of ground 70 feet east and west by 100 feet north and south in the southeast corner of Lot 5, Block 93, Iowa City, Iowa, as shown by the recorded plot thereof. n LZ co;Tr. T P AG1�g� �IE.V E OF LAND FoR p� c R r• cons . ATS IV hereto 2stino Or an y this part x EDEVELopiyE�\�T r„Qde call ed �rAgre a par` and hereofpara 197 e,7entr,)Cwhich xx CF°x ';,lade 1' m hZJ �� by and betty °n or as � art I and part�-62098� 9- `Ogether Wit een the City Of a °` the _ xx are toge�her 69) ar2jeaed n a'%Y Pursuant Success Wa Cit day ° nereina{� to Iaw °r Public 1', xOWa, a f �� te2. sLa`u`es, and ' as hereinafter body °r Office public b°dY corpora, (here. Pecifical called r herea e Ana fte '4geacyn f`er des . Cern{ch, in r called �fUrb IY Chapter 4p3 �• established zgnated by Or t a Of e cl`y Of x°Ivg Cit pursuant tO the n Renetva the stat Edwin 1 Acte Utes Of �$ce BreeSe. an y�d�yja Chereinaf`er caZ and having its ofr he State Of x°w4 for ua1 led �, fi 'he tr (he Ciry„ e at I.Owa C2tY' COunay a ctzon Of business called "Red `ate Of xOWa,hanCivIC Center %°y Johns at J24 el open, d 'EASE On, and State O South Madison S` J and having an fury Iowa et in 'dertaker 'furtherance Of the Ob s2240' h'IT�ESSE, an the C2tY J ecti TN• a Progra"I fo ves °f . the he U ?nu blighted areas-for reas in ` clearance and` rban Renewal Ac urban renewal Pro.7ecthk Q. -reconstruction and in this°nstruction or reh the Ar, Project r called r, n°wn as the nCi fit prOJect„� i' ty-Uninnection is e7gageltation }'• and n an area vers • Y Pro sn arr a r • carry - called Y- ,` (hereinafter calla Ject x, xOka `e O f 4 d „prOJ ect Area rea„ ival the Agreement there ha Plan for s be 'r the prOJ ec been Prepared and 1g69, and t� cons* f a apProved Y Qesol... A76. approved by the C O the Urban b ` It 21S7'as amended b Y Council Of the Y endle, .\o. 1 m n m � v D v z -WC _ii D � m z r CONTRACT -FO SALE OF LAND 'FOR "PRIVATE I R REDEVELOPMENT AGREEMENT, consisting of this Part I and Part II (Form HUD -6209B, 9-69) annexed hereto and made a part he•eof (which Part I and Part II are together hereinafter called "Agreement"), made on or as of the _ tqffl day of11 197 by and between the City of Iowa City, Iowa, a public body corporate '(which, together with any successor public body or officer hereafter designated by or pursuant to law, is hereinafter called "Agency"), established pursuant to the statutes, and specifically Chapter 403 of the statutes of the State of Iowa (hereinafter called "Urban Renewal Act") and having its office at the Civic Center in the city of Iowa City (hereinafter called "City',), State of Iowa, and Edwin Breese, an individual, (hereinafter called "Redeveloper") and having an office for the transaction of business at 324 South Madison Street, in the City of Iowa City, County of Johnson, and State of Iowa, 52240, WITNESSETH: hliEREAS, in furtherance of the objectives of the Urban Renewal Act, the Agency has undertaker, a program for the clearance and reconstruction or rehabilitation Of slum and blighted areas in the City, and in this connection is engaged in carry- ing out an urban renewal project known as the "City -University Project I, Iowa R-14" (hereinafter called "Project") in an area (hereinafter called "Project Area") located in the City; and MHEREAS, as of the date of the Agreement there has been prepared and approved by the Agency an urban renewal plan for the Project, consisting of the Urban Renewal Plan, dated September 3, 1969, and approved by the City Council of the City on September 3, 1969, by Resolution No. 2157,as amended by Amendment No. 1 1 inu 2. a pproved.by;such Council on April 18, 1972, by \'o. 2 thereof, dated May 1, 1973, and approved by such Council on May 10 1973 by Resolution No. 73-173, and Amendment No. 3 thereof, dated September 25, 1973, and approved by such Council on Septe;a- ber 25, 1973, by Resolution No. 73-420, (which plan, as so amended, and as it may hereafter be further amended from time to time pursuant to law, and as so consti- tuted from time to time, is, unless otherwise indicated by the context, hereinafter called "Urban Renewal Plan"); and ITHEREAS, a copy of the Urban Renewal Plan as constituted on the date of the Agree - mens has been recorded among the land records for the place in which the Project Area is situated, namely, in the Office of the Johnson County Recorder in Book 166F, at page 21, and has been filed in the Office of the Clerk of the City loca- ted at the Civic Center in the City; and WHEREAS, in order to enable the Agency to achieve the objectives of the Urban, Renewal Plan and particularly to make the land in the Project Area available for redevelopment by private enterprise for redevelopment for and in accordance with the uses specified in the Urban Renewal Plan, both the Federal Goverment and the City have undertaken to provide and have provided substantial aid and assis- tance to the Agency through a Contract for Loan and Capital Grant dated Septe- ber 2, 1970, in the case of the Federal Government; and WHEREAS, the Agency has offered to sell and the Redeveloper is willing to pur- chase certain real property located in the Project Area and more particularly described in Schedule A annexed hereto and made a part hereof (which property as VII -2 I%TIf.REAS, the Agency believes that the redevelopment of the Property pursuant to the Agreement, and the fulfillment generally of the Agreement, are in the vital and best interests of the City and the health, safety, morals, and welfare of its residents, and in accord with.the public purposes and provisions of the applicable Federal, State and local laws and requirements under which the Project has been undertaken and is being assisted. - Noll, THEREFORE, in. -consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows: SEC. 1. SALE: PURCHASE PRICE. Subject to all the terms, covenants, and conditions of the Agreement, the Agency Will sell the Property to the Redeveloper for, and the Redeveloper will purchase tile Property from the Agency and pay therefor , the amount of Twenty Six Thousand Nine Hundred Fifty and no/100 Dollars ($26,950.00), hereinafter called "Purchase Price", to be paid in cash or by certified check simultaneously with the delivery of the deed conveying the Property to the Redeveloper. SEC. 2. CONVEYANCE OF PROPERTY. (a) Form of Deed. The Agency shall convey to the Redeveloper title to the Prop- erty by Special Warrenty deed (hereinafter called "Deed"). Such conveyance and title shall, in addition to the condition subsequent provided for in Section 704 hereof, and to all other conditions, covenants, and restrictions set forth or VII -3 (1) Such easements as it shall have been necessary, pursuant to the Urban Renewal Plan, for the'.Agency._to reserve, for itself or for future dedication or grant, for sewers, drains, water and gas distribution lines, electric telephone, and telegraph ' insta installa- tions, 11 tions, rights-of-way and access, and other public and private facilities and utilities; or as described or referred to in "Schedule All, Description of Property, 'attached hereto and referenced as a part hereof; (2) All conditions, covenants and restrictions contained in said Urban Renewal Plan and Parts I and II of this Contract. (b) Time and Place for Delivery of Deed. The Agency shall deliver the deed and possession of the property to the Redeveloper upon payment of the purchase price in full upon such date as the parties hereto may mutually agree in writing,but not later than six (6) months from date of the agreement. Conveyance shall be made at the principal office of the Agency, Department of Urban Renewal, 332 East Washington Street, Iowa City, Iowa, and Redeveloper shall accept such con- veyance and pay to the Agency at such time and place the purchase price in full. All of the property is to be conveyed and paid for at one time. CO Apportionment of Current Taxes. The portion of the current taxes, if any, on the Property which are a lien on the date of delivery of the Deed to the Redeveloper allocable to buildings and other improvements which have been demolished or re - Loved from the Property by the Agency shall be borne by the Agency, and the portion of such current taxes allocable to the land shall be apportioned between the Agency and the Redeveloper as of the date of the delivery of the Deed. If the amount of the current taxes on the Property is not ascertainble on such date, the apportion- ment between the Agency and the Redeveloper shall be on the basis of the amount of the most recently ascertainable taxes on the Property, but such apportionment shall be subject to final adjustment within thirty (50) days after the date the actual amount of such current taxes is ascertained. VII -4 (d) ""Now Gail R°cOrdation of De �� Ong t ed, he Re he T dev costs Land records urohnso°Per Citic . °� shall which St a„�ps s Pro�ptlY file the adin v o the n cost: of . County. .for o In -he the State The Red Beed fo r so record Proper allot, doc�entar eveloper spa r recon_ Ce De ing said Deed. nt shall be aif, Y s`amp tax on 11 pay all liV°r iXe the liest Of Abstract_ d tO the Decd b Deed, for Showing Possible date r rhe Agency w- Y tit RedevelO wing goo after the 111 Sur. Per) al d marketa date of �lsh Lo t ' I tomes, a b1e title this Agreen he Redevelo ssess in 'the enc Per absL stents e City of an abstract °n the ear - o Oct °f title °. ..her enc Iowa Cit Io ct °f Lit1e LitesLracting conpan1, to shall be at Agency exp,,,, eXcept as he wa, free and clear date r the pease ere of `lOn °f °f the deed of co close of business rad will be cerci fore sPeclf1ed. if the Abstract conveyance. The of the closes fled by a qua r T„e required, sha11 be of rltle opinion an cos` °y obtaini7a t Practical date Riled at the ex,3 d/�x the cos � an attorne , prior to SEC. 3. GOOD FAITH llse of the Redeveloper r Obtaining title In amino_ (a) '011, DSppSIr. surance� g ovel f "he Rede cash Or Agreement by the A °per has, Prior del to ° a cert -� genc},. r situ Tt►° rhO"sandl S ed check satisfactory ctolvered to the AgencanepuslY with the ex la ��und ry to the Y a good ecu,jo called Irred e faithn 1 DepOSI-C s Ninety F' e Agency in he deposit o e ' to be Perfo as ecurity for 2v nO/IOp Doll... t �ounL Of f •,ed the s rerenLio Prior to I'erforna ' C$2, 69 n by 'the the ret ace of 69S. 00), Purchase Agency as l urn °f the D the obligatio hereina{`er Price iquidat d °p°sit w° is °` he baf cash or certifieA as d case flay be, In damages, or its application RedevelOper,`o� Redevelop_ nk the k ac d^ ica- fLs °r ru” c ' shal b cOr ance it `1p o,, c t n ., ` compan l With the account Of the Y selectee by rte deposited in an account g2'eeme'�t, The De . Of the pOsfL, Vxx _5 Agency in a 8 } fl m � s 7Do D� v D O � m � v z n which stamps in the proper amount shall be affixed to the Deed by the Redeveloper), for so recording said Deed. (e) Delivery of Abstract. The Agency will furnish to the Redeveloper on the ear- liest possible date after the date of this Agreement, an abstract of title showing good marketable title in the City of Iowa City, Iowa, free and clear of all taxes, assessments or other encumbrances except as hereinbefore specified. The abstract of title shall be at Agency expense and will be certified by a qualified abstracting company to the close of business of the closest practical date prior to the date of the deed of conveyance. The cost of obtaining an attorney's examina- tion of the Abstract of Title opinion and/or the cost of obtaining title insurance, if required, shall be at the expense of the Redeveloper. SEC. 3. GOOD FAITH DEPOSIT. (a) Amount. The Redeveloper has, prior to or simultaneously with the execution of the Agreement by the Agency, delivered to the Agency a good faith deposit of cash or a certified check satisfactory to the Agency in the amount of Two Thousand Six Hundred Ninety Five $ no/100 Dollars, ($2,695.00), hereinafter called "Deposit," as security for the performance of the obligations of the Redevelop- er to be performed prior to the return of the Deposit to the Redeveloper, or its retention by the Agency as liquidated damages, or its application on account of the Purchase Price, as the case may be, in accordance with the Agreement. The Deposit, if cash or certified check, shall be deposited in an account of the Agency in a bank or trust company selected by it. VII -5 i shahl be undex,'no obligation, to pay or ear.. interest on the Deposit, but if interest is payable thereon, such interest when received by the Agency shall be pro;iptly paid to the Redeveloper. (c) Application to Purchase Price. Reserved. (d) Retention by Agency. Upon termination of the Agreement as provided in Sections 703 and 704 hereof, the Deposit or the proceeds of the Deposit, if not theretofore returned to the Redeveloper pursuant to paragraph (e) oz" this Section, including all interest payable on such Deposit or the proceeds thereof after such termination, shail be retained by the Agency as provided in Sections 703 and 704 hereof. (e) Return to Redeveloper. Upon termination of the Agreement as provided in Section 702 hereof, the Deposit shall be returned to the Redeveloper by the Agency as provided in Section 702 hereof. If the Agreement shall not have been theretofore terminated and if no cause for termination exists, the Agency shall return the Deposit to the Redeveloper upon receipt by the Agency of the following: (1) A copy of the commitment or coiranitments obtained by the Re- developer for the mortgage loan or loans to assist in financing the construction of the Improvements (as defined in Section 301 hereof), certified by the Redeveloper to be a true and correct copy or copies thereof; (2) Evidence satisfactory to the Agency that the interim mortgage loan to assist in financing the construction of the Improve- ments has been initially closed; (3) A copy of the contract between the Redeveloper and the general contractor for the construction of the Improvements, certified by the Redeveloper to be a true and correct copy thereof; and (4) A copy of the contract bond 'provided by the general contractor in connection with the aforesaid construction contract w„icr. bond shall be in a penal sum equal to not less than ten percent (10%) of the contract price under said construction contract, certified by the Redeveloper to be a true and correct copy thereof. VTI -6 ..v,.a6rucclon,or .. . tre mprove,,- ,,ents referred to in Section ss-Ol hereof shall be co,aenced in any event within three (3)h mont s after the date of the Deed, and, except, as otherwise provided in the Agreement, shall be completed within eight (8) months after such date. Provided, That if a mortgage securing money loaned to finance the Improvements, or any part thereof, is insured by the Secretary of Housing and Urban Development, then the aforesaid completion time shall not apply, but instead the construction of the Improvements, or any part thereof, shall be completed within the time specified in the applicable Building Loan. Agreement approved by the Secretary of Housing and Urban Development. SEC. 5. TIME FOR CERTAIN OTHER ACTION'S. (a) Time for Submission of Construction Plans. developer shall submit its "Construction Plans" The time within which the Re- (as defined in Section 301 hereof) to the Agency in any event, pursuant to Section 301 hereof, shall be not later than sixty (60) days from the date of the Agreement. (b) Tire for Submission of Corrected Construction Plans. Except as provided in Paragraph (c) of this Section S. the time within which the Redeveloper shall submit any new or corrected Construction Plans as provided for in Section 301 hereof shall be not later than fifteen (1S) days after the date the Red e- veloper receives written ntoice from the Agency of the Agency's rejection of the Construction Plans referred to in the latest such notice. (c) Maximum Time for Approved Construction Plans. In any event, the time with- in which the Redeveloper shall submit Construction Plans which conform to the requirements of Section 301 hereof and are approved by the Agency shall be not later than thirty (30) days after the date the Redeveloper receives written notice VTI -7 which the Agency may reject any change in the Construction Plans, as provided in Section. 302 hereof, shall be fifteen (15) days after the date of the Agency's receipt of notice of such change. (e) Time for Submission of Evidence of Equity Capital and Mortgage Financing. The time within which the Redeveloper shall submit to the Agency, in any event, evidence as to equity capital and any commitment necessary for mortgage financing, as provided in Section 303 hereof, shall be not later than sixty (60) days after the date of written notice to the Redeveloper of approval of the Construction Plans by the Agency, or, if the Construction Plans shall be deemed to have been approved as provided in Section 301 hereof, after the expiration of thirty (30) days following the date of receipt by the Agency of the Construction Plans so deemed approved. SEC. 6. PERIOD OF DURATION OF COVENANT ON USE. The covenant pertaining to the use of the Property, set forth in Section 401 hereof, shall remain in effect from the'date of the Deed until October 2, 1974, the period specified or referred to in the Urban Renewal Plan, or until such date thereafter to which it may be extended by proper amendment of the Urban Renewal Plan, on which date, as the case may be, such covenant shall terminate. SEC. 7. NOTICES AND DE.NtANDS. A notice, demand or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered VII -8 ana (1) in the case of the Redeveloper, is addressed to or delivered Personally to the Redeveloper at 324 South Madison Street Iowa City, Iowa 52240 (2) in the case of the Agency, is addressed to or delivered per- sonally to the Agency at Civic Center 410 East Washington Street Iowa City, Iowa S2240 or at such other address with respect to either such party as that party nay, from time to time designate in writing and forward to the other as provided in this section. SEC. S. SPECIAL'PROVISIO\S. Reserved. SEC. 9. MODIFICATIO.\S OF PART II. The following'amendments and modifications are hereby made in the terns, covenants, and conditions foriming Part II he fodify: Sect. 101(b) Reduction of Walls: is changed to read "Building foundation walls that are needed for support or protection of adjacent structures or sidewalks, or pavement shall not be removed and will be left in place. Building foundation walls, inclu- ding crosswalls, columns, or piers and walls or foundations or such accessory parts of area -ways, in- terior or exterior stairwells, chimneys, porches, docks, and entrance steps and platforms, fuel storage supports and coal holes shall be removed to one foot below grade iftheyare not needed for support or protection of ad- jacent structures. Sidewalk vaults exposed by re, -.,oval of foundation walls shall be removed." VII -9 -are : co cave aeoris till, all concrete or brick floors of basements or of area -ways, stairwells or depressed structures,occurring more than 3 feet below final grade need not be removed. However, prior to placing of any fill or debris or other material; basement floors shall be broken through at all low points which would collect water, and not less than 10 square feet of floor at each low point, or not less than 50 of the floor area, whichever is greater, shall be removed in such a manner as to provide drainage.' (g) Filling Materials: is changed to read, "All basements or other excavations shall be backfilled using sand, very sandy soil, or other materials approved by the Engineer. Compac- tion of fills will not be required except as specified by the Engineer." Delete Section 401(b) and insert thereat the following: (b) Not discriminate upon the basis of race, color, religion, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Property or any improvements erected or to be erected thereon, or any part thereof. Insert after subsection 401(b) the following subsection: (c) All advertising (including signs) for sale and/or rental of the whole or any part of the Property shall include the legend, "An Open Occupancy Building" in type or lettering of easily legible size and design. The word "Project" or "Development" may be substituted for the word "Building" where circumstances require such substitution. Insert after subsection 401(c) the following: Codify: (d) Comply with the regulations issued by the Secretary of Housing and Urban Development set forth in 37 F.R. 22732-3 and all applicable rules and orders issued thereuder which prohibit t', -,e use of lead-based paint in residential structures undergoing federally -assisted construction or rehabilitation and require the elimination of lead-based paint hazards. Sect. 501(c), 502, 504, 703(a)(ii), 704(c) as follows: In the event the Redeveloper is not a Corporation, the provisions of Subdivision (c) of Section 501, Sections 502 and 504, Subdi- vision (ii) of Section 703, and Subdivision (c) of Section 704, will be modified in such manner so that the intent of these Sec- tions will apply to the form and manner of doing business of the prospective Redeveloper. VII -10 .If the Redeveloper is not a Corporation, he will be required to conform' -to the :intent of the above -stated provisions, which regulations and covenants will be specifically set forth in his Contract. �,odify: Sect. 702 (a) Termination by Redeveloper Prior to Conveyance, by inserting before the last "or" in subdivision (a), as a further qualifying provision: "and the Agency shall be unable to demon- strate,to the reasonable satisfaction of the Redeveloper, (1) that the defects, cloud, or other deficiencies in or on title involved, or the part of the property to which it relates, is of such nature that the Redeveloper will not be hampered or delayed in the construction of the improvements by taking title and possession subject to such defects, will through its power of condemnation or otherwise be readily able to secure or elimi- nate such defects, cloud, or deficiencies subsequent to delivery of title and possession of the property or the remainder thereof and in any event prior to completion of the improvement." SEC. 10. COU.IERPARTS . The Agreement is executed in three (3) counterparts, each of which shall con- stitute one and the sane instrument. IN WITNESS WHEREOF, the Agency has caused the Agreement to be duly executed in its name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its City Clerk, and the Redeveloper has caused the Agreement to be duly executed in its name and behalf by its President and its corporate seal to be hereunto duly affixed and attested by its Secretary, on or as of the day first above written. CITY OF IOWA CITY, IOWA LOCAL PUBLIC AGENCY BY Mayor/,', Attest: City Clerk l / Cit ; Attest: L Secretary BY President INDIVIDUAL ACKNOWLEDGEMENT STATE OF IOWA COUNTY OF JOHNSON On this 7th day of October A.D. , 1974 , before me, Philip A. Leff , a Notary Pub- lic in and for said County and State, personally ap- peared Edwin E. Breese to me known to be the identical person name in and who executed the foregoing instrument; and acknowledged that he executed the same as :Ls voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notarial Se�l�the day and year last above written. / l n a c county, State of - lowa My.Commission expires 9-30-76 VII- 12 or i The following constitute amendments to the above referred to contract which is attached hereto: 1. SEC. 2. (a)(1) is modified by adding thereto the following statement: Agency will not in this conveyance or sale reserve any of said easements above referred to, and said property will be conveyed by Agency to Redeveloper free and clear of any reservations referred to in this said paragraph. 2. SEC. 4. of said contract is amended by adding thereto the following sentence: The above referred to time requirements shall be extended in the event inclement weather, strikes, shortages of building materials, or acts of God prevent the Redeveloper from complying therewith. � R 1 Attest: LLZ City Clerk Attest: Secretary CITY OF IOWA CITY, IOWA _LOCAL PUBLIC AGENCY BY: BY: President RESOLUTION NO..,. 747379 RESOLUTION SETTING PUBLIC HEARING ON RESOLUTION OF NECESSITY VETERANS ADMINISTRATIONHOSPITAL TURNING LANE PROJECT WHEREAS, preliminary plans and specifications are now on file in the Office of the City Clerk for the construction of the Veterans Administration Hospital Turning Lane Project, at the entrance of the hospital from Highways 218 and 6, within the City of Iowa City, Iowa, NOW, THEREFORE BE IT RESOLVED by the City Council of Iowa City, Iowa: I. That it is deemed advisable and necessary to construct the Veterans Administration Hospital Turning Lane Project, within the City of Iowa City, Iowa, to -wit: The proposed improvement will consist of the construction of a 570 foot long bin type retaining wa-1, 1,675 sq, yards of pavement widening, dowelled on curb and median, together with necessary storm sewer revisions and other work required to complete the prof, 2. The method of construction shall be by contract. 3. The entire coat 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 the 24th day of September o'clock P,M.,CDT on —mbers of the Civic Center for the purpose oflhearing objectionsto ulsaidaimprovement 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. RESOLUTION NO. 74-379 It was moved by White and seconded by deP rosse that the Resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Brandt x x X X Czarnecki Davidsen deProsse White Passed and approved this 3rd day of September .1974 ATTEST: Mayor l RESOLUTION NO. 74_*IRn RESOLUTION DIRECTING ENGINEER TO PREPARE DETAILED PLANS & SPECIFICATIONS AND DIRECTING ATTORNEY TO PREPARE FORM OF CONTRACT AND NOTICE TO BIDDERS ON THE VETERANS ADMINISTRATION HOSPITAL TURNING LANE 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 Veterans Administration Hospital Turning Lane 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 White and seconded by deProsse that the Resolution as read be adopted, and upon roll cal there were: AYES: NAYS: ABSENT: X Brandt OdUIiilfM Davidsen Czarnecki Wd&XXWCtZK deProsse White PASSED AND APPROVED, this 3rd day of September 19 74 . ATTEST: City Clerk 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 FOR VETERANS^ADMINISTRATION HOSPITAL TURNING LANE PROJECT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the construction of the Turning Lane Project at the Veterans Administration Hospital is hereby ordered to be constructed. BE IT FURTHER RESOLVED that the detailed plans and specifications as prepared by Powers—Willis & Associates for the construction of said Veterans Administration Hospital Turning Lane Pro Lect 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 amount of the check to accompany each bid shall be Kqx&3cx=xxxxxpiucxiKumxxutxxkaxtstatx7atxffiaskxRlddxx.in the amount of $18,000. 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 10:00 o'clock A.M. on the 26th day of September ,1974 , and 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, Iowa, on the 1st day of Ocotber ,1974 , at 7:30 o'clock P.M. Notice 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 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 24th day of September ,1974 , 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 Davidsen and seconded by deProsse that the resolution as read be adopted and upon roll call there were: Czarnecki X Davidsen X deProsse X White Y Passed this 3rd day of September , 1974 Mayor ATTEST: City Clerk BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Roofing & Home Repair Co. In the amount of $49,857.05 of Cedar Rapids, Iowa for the construction of Civic Center Roof Repair Project within the City of Iowa City, Iowa, described in the plana and specifications heretofore adopted by this Council on August 27 1974 , be and is hereby accepted, the same being the lowest responsible bid received for said work. The Mayor and City Clerk are hereby directed to execute a contract with the said Hawkeye Roofing & Home Repiar Co.of Cedar Rapids, Iowa for (';vic Center Roof Repair Proiect said contract not to be binding on the City until approved by this Council. 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: Brandt X MaM Davi sen g ----- Czarnecki — , �eElimly a rosse n White X Passed and approved this 3rd 7q September day of 19 ATTEST: Payor Sealed proposals will be received by the City Manager or his authorized representative of the City of Iowa City, Iowa, until 10:00 a.m. on the 29th day of August , 19 74 , and opened immediately thereafter. Proposals will be acted upon by the C30 y Council at a meeting to be held in the Council Chambers at 7:6Q p.m. on September 3, 1974 or at such later time and place as may then be fixed. The proposed improvements will consist of removal of existing flashings, coping, gravel, membrane, insulation, vapor barrier,etc. and installation of new materials as required to put the project in an improved condition. The kinds of materials and estimated quantities of materials proposed to be used in the project are as follows: 228 squares roofing and insulation 1200 'lin. ft. edge curb and flashing 40 lin. ft. joint expansion 178 lin. ft. roof walkway. A-1 All work is to be done in strict compliance with the plans and specifications prepared by George R. Bonnett P E. , City Engineerineer of Iowa City, Iowa which have heretoforeeen appr v d by the City Council, and are on file for public examination in the Office of the City Clerk. Wherever reference is made to the specification in the plans or contract proposal, it shall be understood to include the "Standard Specifications for Construction on Primary, Farm to Market, and Secondary Roads and Maintenance Work on the Primary Road System", Series of 1972, Iowa State Highway Commission. Each proposal shall be made on a form furnished by the City and must be accompanied by a check"drawn on, and certified by, an Iowa bank and filed in a sealed envelope separate from the one containing the proposal, and in the amount of $ 21500.00 made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment will be made to the contractor for the work included in this contract on or after thirty-one (31) days after acceptance of the completed work by the City Council. By virtue of statutory authority; preference will be given to products and provisions grown and coal produced within the State of Iowa, and preference will be given to Iowa domestic labor in the construction of the improvement. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of two (2) years from and after its completion and acceptance by the City. The work under the proposed contract will be commenced within ten (10 ) days after signing of the contract and shall be completed December 15, 1974 Time is an essential element of the contract. Liquidated damages in the amount of fifty dollars . ($50.00) will be assessed in accordance with "Base Specifications" Article 1108.08 for each calendar day required for project completion after.the above designated date. A-2 NSB The plans and specifications governing the construction of the proposed improvements have been `prepared by Geor a R. Bonnett.-P.E. City Engineer of Iowa City, Iowa,: which plans ancl specs ica ions, also prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice by reference and the proposed contract shall be executed in compliance therewith. The plans, specifications and proposed contract documents may be examined at the Office of the City Clerk. Copies of the said plans and specifications and form of proposal blanks may be secured at the Office of George R. Bonnett P.E. , City Engineer of Iowa City, Iowa, by bona fide bidders upon payment of five dollars ($5.00 ) which will be returnable to the bidders prove e t e plans and specifications are returned to'the City Engineer's office in good condition within fifteen (15) days after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. Abbie Stoltus City Clerk of Iowa City, Iowa A-3 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Iowa Road Builders of Des Moines, Iowa in the amount of $42,952.85 , for the construction of Caja ege Street Parkins Lot Proiect within the City of Iowa City, Iowa, described in the plans and specifications heretofore adopted by this Council on August 27 , 19 74 , be and is hereby accepted, the same being the lowest responsible bid received for said work. The Mayor and City Clerk are hereby directed to execute a contract with the said Iowa Road Builders of Des Moines, Iowa for _ the College Street Parking Lot Project , said contract not to be binding on the City until approved by this Council. It was moved by Brandt and seconded by Davidsen the resolution as read be adopted, and upon roll call there were: Brandt >Qoiaxx Davidsen Czarnecki ZLV.W MR deProsse White AYES: NAYS: ABSENT: X x X% X X that Passed and approved this 3rd day of September , 19 74 ATTEST: i FOR THE CONSTRUCTION OF THE COLLEGE STREET PARKING LOT AND WORK INCIDENTAL THERETO IN AND FOR THE CITY OF IOWA CITY, IOWA Sealed proposals will be received by the City Manager or his authorized representative of the City of Iowa City, Iowa, until 10:00 a.m. on the 29th day and opened immediately thereafter. of August , 19 74 , Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7.30 p.m. tons on September 3. 1974 , or at such later time and place as may then be fixed. 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. The kinds of materials and estimated quantities of proposed materials to be used are as follows: 800 tons 250 tons 645 lin ft 1,394 tons 85 sq yd 180 sq ft 20 lin ft 2 each 1,745 gal 800 sq yd lump sum Type A Asphaltic Concrete TypeA Asphaltic Concrete Median Asphaltic Concrete Curb Crushed Stone Base 7" P.C. Concrete Pavement 4" P.C. Concrete Sidewalk 12" Storm Sewer Inlet Tack Pavement Removal Remove Inlets $ Rebuild Storm Sewer A-1 All work is to.be done in strict compliance with the plans specifications prepared by` George R."Bonnett,P.E., City Enjinei of Iowa City, Iowa, which have heretoforeDeen approved Dy the C Council, and are on file for public examination in the Office of City Clerk. Wherever reference is made to the specification in the plans or contract proposal, it shall be understood to include the "Standarr? Specifications for Construction on Primary, Farm to Market, and Secondary Roads and Maintenance Work on the Primary Road System", Series of 1972, Iowa State Highway Commission. Each proposal shall be made on a form furnished by the City and must be accompanied by a check drawn on, and certified by, an Iowa Bank and filed in a sealed envelope se crate from the one con- taining the proposal, and in the amount of p$ 2,000.00 made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will.be made in cash from such funds of the City that may be legally used for such purposes on the basis of monthly estimates in amounts. equal to ninety percent (90%) of the work accomplished as outlined in "Method.of Payment". By virtue of statutory authority; preference will be given to products and provisions grown and coal produced within the State of Iowa, and preference will be given to Iowa domestic labor in the construction of the improvement. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of one 1 years from and after its completion and acceptance by the City. The work under the proposed contract will be commenced within ten ( 10) days after signing of the contract and shall be completed November 15, 1974 Time is an essential element of the contract. Liquidated damages in.the amount of Twenty-five dollars ( $ 25.00 ) will be assessed in accordance with "Base Specifications" Article 1108.08 for each calendar day required for project completion after the above designated date. A-2 N -6A The plans and specifications,;�governing the construction of the proposed improvements have been prepared by George R. Bonnett P.E. City Engineer of,'Iowa City, Iowa, which plans an specifications, also prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice by reference and the proposed contract shall be executed in compliance therewith. The plans, specifications and proposed contract documents may be examined at the Office of the City Clerk. Copies of the said plans and specifications and form of proposal blanks may be secured at the Office of George R. Bonnett , City Engineer of Iowa City, Iowa, by bona fide bidders upon payment of twenty dollars ( $20.00) which will be returnable to—The bidders prove e t e plans and specifications are returned to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. City Clerk of Iowa City, Iowa A-3 N -6B . #1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Iowa Road Builders of Des Moines, Iowa in the amount of $ 12,446.70 for the construction of Pollution Control Plant Paving Project #1 Alternate A Asphaltic Concrete within the City of Iowa City, Iowa, described in the plana and specifications heretofore adopted by this Council on August 27 , 19 74 , be and is hereby accepted, the same being the lowest responsible bid received for said work. The Mayor and City Clerk are hereby directed to execute a contract with the said Iowa Road Builders , of Des Moines, Iowa for the Pollution Control Plant Paving Project #1 said contract not to be binding on the City until approved by this Council. It was moved by Brandt and seconded by deProsse that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt X rxqgFWAg.X avi sen �— Czarnecki —�- Elakexrom deProsse White �- Passed and approved this 3rd day of September 19 74 ATTEST: City Cler ® ®�. NOTICE' 'TO BIDDERS FOR THE CONSTRUCTION OF THE POLLUTION CONTROL PLANT ROADWAY PAVING PROJECT 01 AND WORK INCIDENTAL THERETO IN AN FOR THE CITY OF IOWA CITY, IOWA Sealed proposals will be received by the City Manager or his authorized representative of the City of Iowa City, Iowa, until 10:00 a.m. on the - t_ day of August and opened immediately thereafter. 1974 ll Upon the City Council at a meeting to be held oin1the 1CouncilcChambers by 7:30 p.m, on Chambers at time and place as may then beefixed. 4 or at such later The proposed improvements will consist of the construction of: ALTERNATE A: The construction of 6" thick full -depth asphaltic concrete 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 The kinds of materials and estimated quantities of materials proposed to be used in construction are as follows: ALTERNATE A: 874 266 lin ft tons 30" x 6" P.C.C. Integral Curb & Gutter 137 tons 4" Asphalt Base Mat 488 gals 2" Asphalt Surface Mat Tack Coat as re 'd q ton 1"-3" Crushed Rock ALTERNATE B: 874 1,819 lin ft sq 6" P.C.C. Integral Curb as re 'd q yd ton 6" P.C.C. Pavement 1"-3" Crii'shed Rock A-1 11 with the plans LV"a %IiL.y, luwa, waicn nave-neretorore been approved by the City - Council, and are on file for public examination in the Office of the City Clerk. Wherever reference is made to the specification in the plans or contract proposal, it shall be understood to include the "Standard Specifications for Construction on Primary, Farm to Market, and Secondary Roads and Maintenance York on the Primary Road System", Series of 1972, Iowa State Highway Commission. Each proposal shall be made on a form furnished by the City and must be accompanied by a check drawn on, and certified by, an Iowa Bank and filed in a sealed envelope se crate from the one con- taining the proposal, and in the amount of 1 000.00 made payable to the City Treasurer of the City of Iowa City,, Iowa, and may be cashed by the Treasurer.of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made in cash.from such funds of the City that may be legally used for such purposes on the basis of monthly estimates in amounts equal to ninety percent (900) of the Work accomplished as outlined in "Method of Payment". By virtue of statutory authority; preference will be given to products and provisions grown and coal produced within the State of Iowa, and preference will be given to Iowa domestic labor in the construction of the improvement. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (1000) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of five (5) years from and after its -completion and acceptance by the City. The work under the proposed contract will be commenced within ten (10) days after signing of the contract and shall be completed November 15, 1974 Time is an essential element of the contract. Liquidated damages in the amount of fifty dollars per day ( $50.00 ) will be assessed in accordance with "Base Specifications" Article 1108.08 for each calendar dair required for project completion after the above designated date. A-2 N L �v o m m 6 I > D _ O 7 :T1 cn 0 �- r a 1 FOR THE CONSTRUCTION OF THE POLLUTION CONTROL PLANT ROADWAY PAVING PROJECT #1 AND WORK INCIDENTAL THERETO IN AN FOR THE CITY OF IOWA CITY, IOWA Sealed proposals will be received by the City Manager or his authorized representative of the City of Iowa City, Iowa, until 10:00 a.m. on the 29th _ day of August , 1974 and opened immediately thereafter. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 p.m. on September 3 1974 , or at such later time and place as may then be fixed. The proposed improvements will consist of the construction of: ALTERNATE A: The construction of 6" thick full -depth asphaltic concrete 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 The kinds of materials and estimated quantities of materials proposed to be used in construction are as follows: ALTERNATE A: 874 lin ft 30" x 6" P.C.C. Integral Curb & Gutter 266 tons 4" Asphalt Base Mat 137 tons 2" Asphalt Surface Mat 488 gals Tack Coat as req'd ton 1"-33" Crushed Rock ALTERNATE B: 874 lin ft 6" P.C.C. Integral Curb 1,819 sq yd 6" P.C.C. Pavement as req'd ton 1"-3" Crushed Rock A-1 ■ SpeC.11_L%_ ..t LLQ -,.+v - E_' ---- of Iowa City, Iowa, which have ereto1ore —Fe—enapproved by e City Council, and are on file for public examination in the Office of the City Clerk. Wherever reference is made to the specification in the plans or contract proposal, it shall be understood to include the "Standard Specifications for Construction on Primary, Farm to Market, and Secondary Roads and Maintenance Work on the Primary Road System", Series of 1972, Iowa State Highway Commi.ssicn. Each proposal shall be made on a form furnished by the City and must be accompanied by a check drawn on, and certified by, an Iowa Bank and filed in a sealed envelope se arate from the one con- taining the proposal, and in the amount of 1 000.00 made payable to the City Treasurer of the City of Iowa City�owa and may be cashed by the Treasurer.of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (1S) days until a contract is awarded or rejection made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made in cash from such funds of the City that may be legally used for such purposes on the basis of monthly estimates in amounts equal to ninety percent (900) of the _ work accomplished as outlined in "Method of Payment". By virtue of statutory authority; preference will be given to products and provisions grown and coal produced within the State of Iowa, and preference will be given to Iowa domestic labor in the construction of the improvement. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (1000) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment or all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the mzintenance of the improvement for a period of five(5) years from and after its completion and acceptance by the City. The work under the proposed contract will be commenced within ten ( 10 ) days after signing of the contract and shall be completedNovember 15 1974 Time is an essential element of the contract. Liquidated damages in the amount of fifty dollars per day ( $50.00 - ) will be assessed in accordance with "Base Specifications" Article 1108.08 for each calendar dalT required for project completion after the above designated date. A-2 l n m o n � m m nT4 7o D i O -o v Z rmrm O r� . D 0 T m< v z n i The plans and specifications governing the construction of the proposed improvements° -have been -prepared by George R. Bonnett P.E. Cit Engineer of, -Iowa City, owa, which plans an specs ications., also prior -proceedings of the City Council referring, .. to and defining said proposed improvements are hereby made a part of this notice by reference and the proposed contract shall be executed in compliance therewith. The plans, specifications and proposed contract documents may be examined at the Office of the City Clerk. Copies of the said plans and specifications and form of proposal blanks may be secured at the Office of George R. Bonnett, P.E. , City Engineer of Iowa City, Iowa,y bona tide bidders upon payment of twenty- five dollars ($25.00) which will be returnable to the bidders provided the plans and specifications are returned to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. City Clerk of Iowa City, Iowa A-3 tract BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Barker's, Inc. _ of Iowa City, Iowa in the amount of $ 119.310.00 , for the construction of 1974 Sanitary Landfill Excavation Contract within the City of Iowa City, Iowa, described in the plans and specifications heretofore adopted by this Council on August 27 , 19 74 , be and is hereby accepted, the same being the lowest responsible bid received for said work. The Mayor and City Clerk are hereby directed to execute a contract with the said Barker's, Inc. , of Iowa City, Iowa for said 1974 Sanitary Landfill Excavation Project , said contract not to be binding on the City until approved by this Council. It was moved by Brandt and seconded by Davidsen that the resolution as read be adopted, and upon roll call there were: Brandt Davidsen Czarnecki )ffjX)WWX deProsse White AYES: NAYS: ABSENT: X Passed and approved this 3rd day of September , 19 74 ATTEST S FOR CONSTRUCTION OF THE 1974 SANITARY LANDFILL EXCAVATION PROJECT AND WORK INCIDENTAL THERETO IN AND FOR THE CITY OF IOWA CITY, IOWA Sealed proposals will be received by the City Manager or his authorized representative of the City of Iowa City, Iowa, until 10:00 a.m. on the 29th day of August ► 1974 , and opened immediately thereafter. Proposals will be acted upon by the Ci3t y Council at a meeting to be held in the Council Chambers at 7:0� P.M. on September 3, 1974 or at such later time and place as may then be fixed. The proposed project will consist of the excavation, stockpiling and shaping excavated material as required on the following property owned by the City of Iowa City, Iowa: 180 acres located 4,11 miles west of the Iowa River on the IWV Road and � mile south of the IWV Road Estimated quantities of materials proposed in the project are: 97,000 cu. yd. Excavate material, stockpile and shape as required A-.1 j S FOR CONSTRUCTION OF THE 1974 SANITARY LANDFILL EXCAVATION PROJECT AND WORK INCIDENTAL THERETO IN AND FOR THE CITY OF IOWA CITY, IOWA Sealed proposals will be received by the City Manager or his authorized representative of the City of Iowa City, Iowa, until 10:00 a.m. on the 29th day of August ► 1974 , and opened immediately thereafter. Proposals will be acted upon by the Ci3t y Council at a meeting to be held in the Council Chambers at 7:0� P.M. on September 3, 1974 or at such later time and place as may then be fixed. The proposed project will consist of the excavation, stockpiling and shaping excavated material as required on the following property owned by the City of Iowa City, Iowa: 180 acres located 4,11 miles west of the Iowa River on the IWV Road and � mile south of the IWV Road Estimated quantities of materials proposed in the project are: 97,000 cu. yd. Excavate material, stockpile and shape as required A-.1 ve. neretorore been approve public examination in the Dy the ulty Office of the Wherever reference is made to the specification in the plans or contract proposal, It shall be understood to include the "Standard Specifications for Construction on Primary, Farm to Market, and Secondary Roads and Maintenance Work on the Primary Road System", Series of 1972, Iowa State Highway Commission. Each proposal shall be made on a form furnished by the City and must be accompanied by a check drawn on, and certified by, an Iowa Bank and filed in a sealed envelope se arate from the one con- taining the proposal, and in the amount of 7,500.00made payable to the City Treasurer of the City of Iowa City, Iowa, and may be cashed by the Treasurer of the City of Iowa City, Iowa, as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract. Checks of the lowest two or more bidders may be retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made in cash from such funds of the City that may be legally used for such purposes on the basis of monthly estimates in amounts equal to ninety percent (90%) of the work accomplished as outlined in "Method.of Payment". By virtue of statutory authority; preference will be given to products and provisions grown and coal produced within the State of Iowa, and preference will be given to Iowa domestic labor in the construction of the improvement. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a responsible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of 0 years from and after its completion and acceptance by the City. The work under the proposed contract will be commenced within ten ( 10 ) days after signing of the contract and shall be completed April 1. 1975 Time is an essential element of the contract. Liquidated damages in the amount of fifty dollars ($ 50.00 ) will be assessed in accordance with "Base Specifications" Article 1108.08 for each calendar day required for project completion after the above designated date. A-2 The plansandspecifications governing the construction of the proposed improvements have been prepared by George R. Bonnett, P.E. City Engineer of Iowa City, Iowa, which plans d— specifications, also prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice by reference and the proposed contract shall be executed in compliance therewith. The plans, specifications and proposed contract documents may be examined at the Office of the City Clerk. Copies of the said plans and specifications and form of proposal blanks may be secured at the Office of George Bonnett, P.E. , City Engineer of Iowa City, Iowa,yb bona f1de bidders upon payment of five dollars ( $ 5.00) which will be returnable to -The bidders provided the plans and specifications are returned to the City Engineer's office in good condition within fifteen (15) days after the opening of bids. The City reserves the right to reject any or all proposals and to waive technicalities and irregularities. Published upon order of the City Council of Iowa City, Iowa. City Clerk of Iowa City, Iowa A-3 RESOLUTION NO. 74-386 RESOLUTION AUTHORIZING THE ESTABLISHMENT OF TOW AWAY ZONES IN SPECIFIED LOCATIONS IN IOWA CITY, IOWA. WHEREAS, the City Council of the City of Iowa City, Iowa, has duly enacted ordinances providing for the establishment of Tow Away zones within the corporate limits of the City of Iowa City, Iowa, and WHEREAS, the City Council of the City of Iowa City, Iowa, deems it in the public interests to establish said zones, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, as follows: 1) That the following locations are hereby granted approval by the City Council of Iowa City, Iowa, for Tow Away zones as provided in the ordinances of the City of Iowa City, Iowa. a. On the south side of Davenport between Clinton & Capitol St. b. On the east side of Capitol between Davenport & Bloomington.St. 2) The City Manager and the City Engineer of the City of Iowa City are hereby authorized and directed to effectuate the provisions of this Resolution and to obtain compliance with the provisions hereof. It was moved by Brandt and seconded by Davidsen that the foregoing resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt Czarnecki X Davidsen g deProsse X White Passed and approved this 3rd day of September, 1974. ATTEST: ( Ity C e r k RESOLUTION. NO. 74-387 RESOLUTION OF APPROVAL OF CLASS "C" BEER PERMIT APPLICATION BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class "C" Beer Permit Application is hereby approved for the following named per- son or persons at the following described locations: Continental Oil Co. dba/ Downtown Conoco, 105 E. Burlington Said approval shall be _subject to any conditions or restrictions hereafter 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, surety bond and all other information or documents required to the Iowa Beer and Liquor Control Dopartment. It was moved by deprosse and seconded by White that the Resolution as read be adopted, and upon roll call there were: Brandt Czarnecki Davidsen deProsse White Passed this AYES: NAYS: ABSENT: X X X X 3rd day of September, 19 74 RESOLUTION NO. 74-389 RESOLUTION OF APPROVAL OF CLASS BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Robert James McGurk dab/ The Highlander Inn, Highway 1 & I-80 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of 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, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by deProsse and seconded by White 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 Passed this 3rd day of September �9 74 RESOLUTION OF APPROV T.TCENSF. APPT.TCATTnM F CLASS B LIQUOR CONTROL BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class B Sunday Sales Permit application is hereby approved for the following named person or persons at the following described location: Robert James McGurk dba/ The Highlander Inn, Highway 1 & I-80 Said approval shall be subject to any conditions or restrictions hereafter imposed by ordinance of 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, bond, and all other information or docu- ments required to the Iowa Beer and Liquor Control Department. It was moved by White and seconded by deProsse that the Resolution as read be adopted, and upon roll call there were: AYES: Brandt X Davidsen xxxx �m X Czarnecki X deProsse White X Passed this 3rd NAYS: ABSENT: day of September X974 RESOLUTION NO. 74-390 RESOLUTION TO REFUND BEER PERMIT WHEREAS, t4YfX John Carl Teufel dba/ E1 Taco at 107 E. Burlington St. has surrendered beer permit No. 1038 , expiring April 24, 1975 and requests a refund on the unused portion thereof, now therefore, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that said beer permit be and the same is hereby 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 $ 150.00 for refund of beer permit No. It was moved by payable to >%* 1038 Davidsen John Carl Teufel dba/ E1 Taco and seconded by White the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X X X X X Passed this 3rd SIGNED: Edgar Czarnecki, Mayor C.L. (Tim) Brandt J. Patrick White Carol W. deProsse Penny Davidsen day of September Signed this day of f 1974 19 that RES GLUT ION.,; N0. 74-391 RESOLUTION TO REFUND CIGARETTE PERMIT n- .Co-. . - in Iowa City, Iowa, has surrendered cigarette permit No. 74-12 , expiring .T,,,,o 'fin , 1975, 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. 74-12 , issued to Pester Derby Oil Co. 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 $ 7s nn , payable to Pester Derby Oil Co. as a refund on cigarette permit No. 74-12 It was moved by Dav idsen and seconded by deProGse 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 Passed this 3rd day of September 1974