HomeMy WebLinkAbout1998-08-18 ResolutionPrepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 98-264
RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE
FOR THE PROPERTY LOCATED AT 308 WEST BENTON STREET, IOWA
CITY, IOWA
WHEREAS, on February 28, 1989, the property owner of 308 West Benton Street,
executed a Promissory Note in the form of a statement of life lien for the amount of
$3,000.00 through the City's Housing Rehabilitation Program; and
WHEREAS, this document created a lien against the property; and
WHEREAS, on August 7, 1998 the loan was paid off; and
WHEREAS, the lien needs to be released.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA THAT:
1. The Mayor is authorized to sign and the City Clerk to attest the attached Release of
Lien for recordation, whereby the City does release the property located at 308
West Benton Street, Iowa City, Iowa from the Promissory Note recorded March 8,
1989 in Book 1049 Page 435 of the Johnson County Recorder's Office.
Passed and approved this :18th day of August
,1998.
MAYOR
ATTEST:Ci~~ERK~c2 ~
Approved by
Cf~y Attorn'ey's C~'~"ccCe
ppdrehab\res\308wbent. doc
Resolution No, 98-264
Page 2
It was moved by Thornberry and seconded by
adopted, and upon roll call there were:
Norton
AYES: NAYS: ABSENT:
X
X
X
X
X
X
X
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
Vanderhoef
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RELEASE OF LIEN
The City of Iowa City does hereby release the property at 308 West Benton Street, Iowa
City, Iowa, and legally described as follows: '
The West sixty (60) feet of Lot eleven (11), of Plat of Irregular Survey in
School Lot five (5) of Section sixteen (16), township seventy-nine (79) North,
Range six (6) West of the 5th P.M. as shown on the plat thereof recorded on
Book 3, Page 132, Plat Records of Johnson County, Iowa,
from an obligation of the property owner, Lucy A. Stinocher, to the City of Iowa City in the
total amount of $3,000.00 represented by a Promissory Note in the form of a statement of
life lien recorded on March 8, 1989 in Book 1049 Page 435 of the Johnson County
Recorder's Office.
These obligations have been satisfied and the property is hereby released from any liens or
Approved by
City Attorney's Office
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this /~- ~'/c n~dd~or~sai
day of , A.D. 19 ~/~' , before me, the under-
signed, a Notary Public in a d County, in said State, personally appeared Ernest W.
Lehman and Marjan 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
corporation, and that the instrument was signed and sealed on behalf of the corporation by
authority of its City Council, as contained in Resolution No. ~'-Z~='/ , adopted by the City
Council on the / :~ ¢k_ day ~ ~cL ~_s-f- , 19 ~ ~Y and that the said Ernest W.
Lehman and Marjan K. Karr as such ;Yofficers acknowledged the execution of said instrument
to be the voluntary act and deed of said corporation, by it and by them voluntarily executed.
ppdrehab\308wbent .doc
Notary Public in and for Johnson County, Iowa
Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246
RESOLUTION NO. 98-265
RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AND THE, CITY
CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY
OF IOWA CITY AND UNIVERSITY OF IOWA COMMUNITY CREDIT UNION,
IOWA CITY, IOWA FOR PROPERTY LOCATED AT 1416 TRACY LANE,
IOWA CITY, IOWA.
WHEREAS, the City of Iowa City is the owner and holder of a Promissory Note in the
amount of $4,245.00, executed by the owners of the property on January 21, 1993, and
recorded on January 22, 1993, in Book 1492, Page 349 in the Johnson County Recorder's
Office covering the following described real estate:
Lot Sixty-One (61) in Part Two, Hollywood Manor Addition to Iowa City,
Iowa, according to the plat thereof recorded in Plat Book 6, Page 74, Plat
Records of Johnson County, Iowa,
WHEREAS, the City's lien totals 94,245.00; and
WHEREAS University of Iowa Community Credit Union, Iowa City, Iowa is in the process
of refinancing the first mortgage in the amount of ~46,800.00 to the owners of 1416
Tracy Lane and to secure the loan by a mortgage covering the real estate described above;
and
WHEREAS, it is necessary that the mortgage held by the City be subordinated to the lien
of the proposed mortgage in order to induce University of Iowa Community Credit Union to
make such a loan; and
WHEREAS, University of Iowa Community Credit Union has requested that the City
execute the attached subordination agreement thereby making the City's lien subordinate
to the lien of said mortgage to University of Iowa Community Credit Union; and
WHEREAS, there is sufficient value in the above-described real estate to secure said lien as
a second lien.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA
CITY, IOWA that the Mayor is authorized to execute and the City Clerk to attest the
attached subordination agreement between the City of Iowa City and University of Iowa
Community Credit Union, Iowa City, Iowa.
Resolution No. 98-265
Page 2
Passed and approved this 18th
day of August ,1998.
MAYOR
Approved by
ity orney' ace
It was moved by Thornberry and seconded by Norton
adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X
X
X
X
X
X
the Resolution be
Champion
Kubby
Lehman
Norton
O'Donnell
Thornberry
X Vanderhoef
ppdrehab',res\1416trac.doc
SUBORDINATION AGREEMENT
THIS AGREEMENT is made by and between the City. of Iowa City, herein the City, and
the Universi.ty of Iowa Community Credit Union
Of Iowa City, Iowa , herein the Financial Institution.
WHEREAS, the City is the owner and holder of a certain Statement of Life Lien
which at this time are in the amount of $ 4,2 4 5.0 0 and ware executed by D~ rw ~ n P,.
&' Debbie K. Driscoll (herein the Owner), dated Jm'e~gry 21, 1993 .
19 93 , recorded January 72, , 19 93 , in Book FIg2, Page 349
through , JohnsOn County Recorder's Office, coveting the following described real
property: ,
WHEREAS, ti~e Financial Institution proposes to loan the sum of $ z16, 800.00 on a
promissory note to be executed by the Financial Institution and the Owner. securing a mortgage
covedng the real property described above; and
WHEREAS, to induce the Financial Institution to make such loan, it is necessary that the Statenat c~
L-Ire ~m__ held by the City be subordinated to the lien of the mortgage proposed to be
made by the Financial Institution.
NOW, THEREFORE. in consideration of the mutual covenants and promises of the parties
hereto, the parties agree as follows:
Subordination. The City hereby covenants and agrees with the Financial Institution
that the above noted S'cab~a~ c~ T,~fe T,'im held by the City is and shall continue to
be subject and subordinate to the lien of the mortgage about to be made by the
Financial Institution.
SUBORDINATION AGREEMENT I:~age 2
Consideration..The City acknowledges receipt from the Financial Institution of One
Hundred and Fifty Dollars ($150.00) and other good and valuable consideration for its
act of subordination heroin.
Senior Mortgage. The mortgage in favor of the Financial Institution is hereby
acknowledged as a lien supcrier to the Sl:af, ers~ o~ T,4fe T,~m of the City.
Binding Effect- This agreement shall be binding upon and inure to the benefit of the
respective heirs, Ic-:Jal representatives, successors, and assigns of tile padits hemto.
Dated this 16f. h day of ,Tuly , 19 9e
Mayor . -q; ' io9 i:ta~
Attest: ELm ~~=r~J~09 l>msj. ct~c
CITY'S ACKNOWLEDGEMENT
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
,,-,L
On this /~ day of %,-~r~th , 199:t, before me, the undersigned, a
Notary Public in and e 8tare or Iowa. personally appeared
~-r,,.~_~ LO- L,~A.~ and Madan K. Karr. to me personally known. and, who,
being by me duly 5worn. did say that they am the Mayor and City Clerk, respectively. of the
City of Iowa City, Iowa; that the seal affixed to the foregoing instrument ia the corporate
of the corporation, and that the instrum¢nt was signed and ~caled on behalf of the corporation,
by authority of its City Council, o~ contained in (O~dinance).(Resolution) No. ~E5 --2¢5 ..
passed (the Resolution adopted) by the City Council, under Roll Call No. - of the
City Council on the /~_-~A. day of (:}k ~- , ~9 98 , and that
Ent~_S-(-. L0./-z.~r~,~._ and Madan W.. Karr acknowledged the execution of the
instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,
by it voluntarily executed.
NOtary Public in and for the State of lowa
SUBORDINATION AGREEMENT Page 3
STATE OF IOWA )
) SS:
JOHNSON COUNTY )
On this 16~,h day of o'uly_ , A.D. 1996 , I~efore me, the
undersigned, a Notary Public in and for the State of Iowa, personally appeared
~,,,lr] R. T~ll.q and F, jmiLLla~ , to me personally known, who
being by. me duly sworn, did say that they are the ]Lssjsl2m~.Vio9 Presl_.ci~c and
Sacoral Vice ~L-eslcta~ respectively, of said corporation' executing the within and
foregoing instrument to whicl; this is al~ached, that said instrument was signed and sealed
on behalf of said corporation by authority of its Board of Directors; and that the said
Assistan~ Vice Presic]mt and ~ Vi._~. Presidmt as 'such officers
acknowledged the execution of said instrument to bc thc voluntary act and deed of said
corporation, by it and by them voluntarily executed.
Prepared by: Kim Johnson, Project Coordinator, 410 E. Washington St., Iowa City, IA 356-5139
RESOLUTION NO. 98-266
RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO 'SIGN
AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF
COLLECTOR WELLS-LOWER TERMINUS PROJECT.
WHEREAS, Reynolds Inc. of Orleans, Indiana, has submitted the lowest responsible bid of
$1,379,000 for the construction of the above-named project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY,
IOWA, THAT:
The contract for the construction of the above-named project is hereby awarded to
Reynolds Inc., subject to the condition that awardee secure adequate performance
bond, insurance certificates, and contract compliance program statements.
The Mayor is hereby authorized to sign and the City Clerk to attest the contract for
the construction of the above-named project, subject to the condition that awardee
secure adequate performance bond, insurance certificates, and contract compliance
program statements.
Passed and approved this !8th
ATTEST: ~E4~RK ~
day of Ay~OR# , ;,~,~
City Attorney's Office
It was moved by Kubby
and upon roll call there were:
and seconded by
Norton
the Resolution be adopted,
AYES: NAYS: ABSENT:
Champion
Kubby
Lehman
Norton
O'Donnell
__ Thornberry
Vanderhoef
pwengves~reynolds.doc
ADVERTISEMENT FOR BIDS
IOWA CITY WATER DIVISION
COLLECTOR WELLS
LOWER TERMINUS PROJECT
Sealed proposals will be received by the City
Clerk of the City of Iowa City, Iowa, until 10:30
A.M. on the 1 lth day of August, 1998, and shall be
received in the City Clerk's office no later than said
date and time. Sealed proposals will be opened
immediately thereafter bY the City Engineer. Bids
submitted by fax machine shall not be deemed a'
'sealed bid' for purposes of this Project. Proposals
may be acted upon at a Special Meeting of the
City Council of Iowa City, but no later than the
regularly scheduled City Council meeting to be
held in the Council Chambers at 7:00 P.M. on
Augty3t 25, 1998.
The Project will involve the following:
Lower terminus of four radial collector
wells including caissons, laterals, and
temporary cover, complete with
appurtenances. Hydrogeological test
pumping of one well.
All work is to be done in strict compliance with
the plans and specifications prepared by Howard
R. Green Company, 4685 Merle Hay Rd., Suite
106, Des Moines, IA 50322 which have heretofore
been approved by the City Council, and are on file
for public examination in the Office of the City
Clerk.
Each proposal shall be completed on a form
furnished by the City, and must be accompanied in
a sealed envelope, separate from the one
containing the proposal by a bid bond executed by
a corporation authorized to contract as a surety in
the State of Iowa, in the sum of 10% of the bid..
The bid security shall be made payable to the
TREASURER OF THE CITY OF IOWA CITY,
IOWA, and shall be forfeited to the City of Iowa
City in the event the successful bidder fails to enter
into a contract within ten (10) calendar days and
post bond satisfactory to the City insuring the
faithful performance of the contract and
maintenance of said Project, if required, pursuant
to the provisions of this notice and the other
contract documents. Bid bonds of the lowest two
or more bidders may be retained for a pedod of not
to exceed fifteen (15) calendar days until a
contract is awarded, or until rejection is made.
Other bid bonds will be returned after the canvass
and tabulation of bids is completed and reported to
the City Council.
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 9uarantee the prompt
payment of all materials and labor, and also
protect and save harmless the City from all claims
and damages of any kind caused directly or
indirectly by the operation of the contract, and shall
also guarantee the maintenance of the
improvement for a period of two (2) year(s) from
and after its completion and formal acceptance by
the City.
The following limitations shall apply to this
Project:
Completion Date: October 1, 1999
Collector Wells No. 3 and 4
shall be completed by April 1, 1999
Collector Wells No. 1 and 2 shall
be completed by October 1, 1999
Liquidated Damages: $400.00 per day
The plans, specifications and proposed contract
documents may be examined at the office of the
City Clerk. Copies of said plans and specifications
and Bid Form blanks may be secured at the office
of Howard R. Green Company, Consulting
Engineers, 4685 Merle Hay Rd., Suite 106, Des.
Moines, IA 50322, phone: 515-278-2913, by bona
fide bidders.
A $100.00 deposit is required for each set of
plans and specifications provided to bidders or
other interested persons. The fee shall be in the
form of a check, made payable to Howard R.
Green Company. A refund of $50.00 per set will
be given upon return of said plans and
specifications in good and usable condition within
10 days after the receiving of bids.
Prospective bidders are advised that the City of
Iowa City desires to employ minority contractors
and subcontractors on City projects.
Bidders shall list on the Bid Form the names of
persons, firms, companies or other parties with
whom the bidder intends to subcontract. This list
shall include the type of work and approximate
subcontract amount(s).
The Contractor awarded the contract shall
submit a list on the Form of Agreement of the
proposed subcontractors, together with quantities,
unit prices and extended dollar amounts. If no
minority business enterprises (MBE) are utilized,
the Contractor shall furnish documentation of all
reasonable, good faith efforts to recruit MBE' s.
A listing of minority contractors can be obtained'
from the Iowa Department of Economic
Development at (515)242-4721.
By virtue of statutory authority, preference will be
given to products and provisions grown and coal
produced within the State of Iowa, and to Iowa
domestic labor, to the extent lawfully required
under Iowa Statutes. The Iowa Reciprocal
Preference Act, Section 23.21, Code of Iowa
(1997), applies to the contract with respect to
bidders who are not Iowa residents.
The City reserves the right to reject any or all
proposals, and also reserves the right to waive
technicalities and irregularities.
Published upon order of the City Council of
Iowa City, Iowa.
MARIAN K. KARR, CITY CLERK