HomeMy WebLinkAbout2004-07-21 ResolutionPrepared by: Susan Dulek, Asst. City Attorney, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5030
RESOLUTION NO. 04-202
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY
CLERK TO ATTEST AN EXTENSION OF THE AGREEMENT WITH
IOWA REALTY COMMERCIAL TO SELL AND/OR LEASE PROPERTY
IN THE AVIATION COMMERCE PARK.
WHEREAS, it is a goal of the Airport Commission to generate as much income as
possible for the Iowa City Municipal Airport; and
WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement
("Listing Agreement") among the Airport Commission, the City Council, and NAI Iowa
Realty Commercial to sell and lease the property known as the Aviation Commerce Park
subdivision, which will expire on July 22, 2004; and
WHEREAS, at its meeting on July 15, 2004, the Iowa City Airport Commission
recommended that the City Council extend the Listing Agreement for six (6) months; and
WHEREAS, it is in the best interest of the City of Iowa City to approve an amendment to
the Listing Agreement which will extend the term of by six months and which is in
substantial compliance with the agreement that is attached, marked Exhibit 1, and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
IOWA CITY, IOWA, THAT the Mayor is authorized to sign and the City Clerk to attest to
an amendment of the Listing Agreement in a form that is in substantial compliance with
Exhibit 1.
Passed and approved this 21st day of __2004.
MAYOR
CI'I'¥CLERK
Approved by
City Attorney's Office
AMENDMENT TO LISTING AGREEMENT
WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing
Agreement") among the Airport Commission, the City Council, and NAI Iowa Realty Commercial
to sell and lease the property known as the Aviation Commerce Park subdivision, which will
expire on July 22, 2004; and
WHEREAS, at its meeting on July 15, 2004, the Iowa City Airport Commission recommended
that the City Council extend said agreement for six (6) months; and
WHEREAS, NAI Iowa Realty Commercial acknowledges that Harry Wolf will be its lead broker
should the Listing Agreement be extended; and
WHEREAS, Paragraph 13 of the Listing Agreement provides that it may be amended by written
agreement of the parties; and
WHEREAS, the parties wish to amend the Listing Agreement by extending the term for an
additional six (6) months.
IT IS THEREFORE AGREED that:
Paragraph 5 of the Listing Agreement is deleted in its entirety and the following new Paragraph
5 is substituted in lieu thereof:
5. TERM. The term of this Agreement and Agent's employment, right and authority
shall expire on January 22, 2005.
All other terms of the Listing Agreement shall remain in full force and effect.
NAI IOWA REALTY COMMERCIAL
ClTY AIRPORT COMMISSION
ig, Cha on Date
THE CITY OF IOWA CITY
WITNESS:
Man'in K. Karr, City Clerk an, Mayor
CITY ACKNOWLEDGMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this ~ day of .~.~ , 2004, before me, the undersigned, a
notary public in and for the State of,16wa, personally appeared Ernest W. Lehman and Marian K.
Karr, to me personally known, who being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of said municipal corporation executing the within and foregoing
instrument; that the seal affixed thereto is the seal of said municipal corporation; that said
instrument was signed and sealed on behalf of said municipal corporation by authority of its City
Council; and that the said Mayor and City Clerk as such officers acknowledged that the execution
of said instrument to be the voluntary act and deed of said corporation, by it and by them
voluntarily executed.
Notary Public in and for the State of Iowa
Approv~~
~1 $ONDRAE FORT I
~ ~1 Commission Number 1597911
City Attorney's Office I'.~"1 My Commission Expires I
L'~'~I ~- ?- ~4 I
AMENDMENT TO LISTING AGREEMENT ~
WHEREAS, in Resolution No. 04-120, the City Council approved a listing agreement ("Listing
Agreement") among the Airport Commission, the City Council, and Realty Commercial
to sell and lease the property known as the Aviation Commerce which will
expire on July 22, 2004; and
WHEREAS, at its meeting on July 15, 2004, the Iowa City Commission recommended
that thb, xCity Council extend said agreement for six (6) months;
WHEREA'~, NAI Iowa Realty Commercial acknowledges Wolf will be its lead broker
should the'~,isting Agreement be extended; and
WHEREAS, _l~ragraph 13 of the Listing Agreement p~ that it may be amended by written
agreement of tl~,, parties; and
WHEREAS, the ,rties wish to amend the Agreement by extending the term for an
additional six (6)
IT IS --ED that:
Paragraph 5 of the reement is in its entirety and the following new Paragraph
5 is
5. TERM. reement and Agent's employment, right and authority
shall ex~ ~ 22, 2005.
All other terms of the Listin shall remain in full force and effect.
NAI IOWA REALTY COMME
Date
THE IOWA CITY ;ION
Randy Hartwig, Date
THE CITY OF IOWA CITY
WITNESS:
Marian K. Karr, City Mayor
STATE OF IOWA )
JOHNSON COUNTY )
On this day of , 2004, before me, the undersigned, a
notary public in and for the owa, personally appeared Ernest W. Lehman and Marian K.
Karr, to me personally knowr by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, ~nicipal corporation executing the within and foregoing
instrument; that the seal is the seal of said municipal corporation; that said
instrument was signed ar sealed on said municipal corporation by authority of its City
Council; and that and (~ Clerk as such officers acknowledged that the execution
of said instrument to the voluntar and deed of said corporation, by it and by them
voluntarily executed.
otary Public in and for the State of Iowa
City Attorney's