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HomeMy WebLinkAbout1999-06-02 Resolution Prepared by: Liz Osborne, CD Division, 410 E. Washington St., Iowa City, IA 52240 (319)356-5246 RESOLUTION NO. 99-173 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A RENTAL REHABILITATION LIEN FOR THE PROPERTY LOCATED AT 809 IOWA AVENUE, IOWA CITY, IOWA WHEREAS, on October 21, 1988, the owner of 809 Iowa Avenue executed a Rental Rehabilitation Lien in the form of a ten year depreciation loan through the City's Rental Rehabilitation Program, and WHEREAS, this document created a lien against the property; and WHEREAS, the terms of the note were satisfied on April 21, 1999; thus WHEREAS, the lien needs to be released. 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 the attached Release of Lien for recordation, whereby the City does release the property located at 809 Iowa Avenue, Iowa City, Iowa from the Rental Rehabilitation Lien recorded on October 27, 1988 in Book 1033, Page 27 through Page 29 of the Johnson County Recorder's Office. Passed and approved this 2nd day of June ,19 99 ATTEST:C~ ~ MAYOR Approved by City Att~aFney's Office ppdrehab\res\809iowa.doc Resolution No. Page 2 99-173 It was moved by Vanderhoef and seconded by adopted, and upon roll callthere were: 0 ' Donnel 1 the Resolution be AYES: NAYS: ABSENT: X X X X X Champion Kubby Lehman X Norton O'Donnell X 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 809 Iowa Avenue, Iowa City, Iowa, and legally described as follows: The East 30 feet of Lot 4, and the West 10 feet of Lot 3, all in Block 3, in Iowa City, Iowa, according to the recorded plat thereof, from an obligation of the owner, L. Maxine Miller, to the City of Iowa City in the principal amount of 84,500 represented by a Rental Rehabilitation Lien in the form of a ten year depreciation loan recorded on October 27, 1988 in Book 1033, Page 27 through Page 29 of the Johnson County Recorder's Office. This obligation has been satisfied and the property is hereby released from any liens or clouds upon title to the above property by reason of said prior recorded documents. Approved by City Attorney's Office STATE OF IOWA ) ) SS: JOHNSON COUNTY ) On this 2 ,~a day of r,~n~ , A.D. 19 c/q , before me, the under- signed, a Notary Public in and for said County, in said State, 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 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. c~_ iq_'5 , adopted by the City Council on the ? '~ day ~ ~ ~ , 19 ~c/ and that the said Ernest W. Lehman and Marian K. Karr as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. ppdrehab\809iowa.doc Prepared by Steve Nasby, Associate Planner, 410 E. Washington, Iowa City, IA 52240, (319) 356-5248 RESOLUTION NO. 99-174 RESOLUTION ADOPTING IOWA CITY'S FY00 ANNUAL ACTION PLAN, THAT IS PART OF THE CONSOLIDATED PLAN (CITY STEPS), AUTHORIZING THE CITY MANAGER TO SUBMIT SAID PLAN AND ALL NECESSARY CERTIFICATIONS TO THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND DESIGNATING THE CITY MANAGER AS THE AUTHORIZED CHIEF EXECUTIVE OFFICER FOR THE CONSOLIDATED PLAN AND REPEALING RESOLUTION NO. 99-145. WHEREAS, the U.S. Department of Housing and Urban Development (HUD) requires the City of Iowa City, Iowa, to prepare and submit an Annual Action Plan for FYO0 as part of the City's Consolidated Plan (CITY STEPS) to plan for the use of federal funds to assist lower income residents with housing, jobs and services; and WHEREAS, the Iowa City Housing and Community Development Commission has held a series of meetings regarding the use of federal Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) funds for fiscal year 2000; and WHEREAS, the City has disseminated information, received public input and held a public hearing on the FYO0 Annual Action Plan; and WHEREAS, the Annual Action Plan contains the allocation of CDBG and HOME funds attached hereto as Exhibit A; and WHEREAS, adoption of the Annual Action Plan for FY00 will make Iowa City eligible for federal and state funds administered by the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council finds that the public interest will be served by the adoption of the Annual Action Plan for FYO0 and submission to the U.S. Department of Housing and Urban Development; and WHEREAS, the City Council passed Resolution 99-145 adopting FYO0 Annual Action Plan and designated the City Manager as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Annual Action Plan for FYO0; and WHEREAS, Exhibit A needs to be amended to reflect the inclusion of contingency funds within the Administration and Planning budget as required by the U.S. Department of Housing and Urban Development. Resolution No. 99-174 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The City of Iowa City Annual Action Plan for FYO0, filed in the office of the City Clerk, be and the same is hereby approved and adopted. The City Manager of Iowa City is hereby authorized and directed to submit the City of Iowa City Annual Action Plan for FYO0 to the U.S. Department of Housing and Urban Development, and is further authorized and directed to provide all the necessary certifications required by the U.S. Department of Housing and Urban Development in connection with said Plan. The City Manager is hereby designated as the Chief Executive Officer and authorized to act on behalf of the City of Iowa City in connection with the City of Iowa City Annual Action Plan for FY00. The City Council hereby authorizes the City Manager or his designees to sign on behalf of the City of Iowa City to administer Community Development Block Grant and HOME Investment Partnership funds in accordance with the FY99 and FYO0 Annual Action Plans. 5. Resolution No. 99-145 is hereby repealed. Passed and approved this 2nd day of June ,1999. AT!-EST:C~ ./%2. ~'/~,4J Approved by ~Sity Attorney's OffiCe It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: O'Donnell AYES: NAYS: ABSENT: the ReSolution be Champion Kubby Lehman X Norton O'Donnell X Thornberry Vanderhoef EXHIBIT A FY00 CDBG AND HOME PROJECTS ECONOMIC DEVELOPMENT PROJECTS (Est. Set-aside $162,000) Micro-enterprise Training: Institute for Social & Economic Dev. Subtotal PUBLIC FACILITIES PROJECTS (Est. Set-aside $126,850) Facility Rehabilitation: Salvation Army Kitchen Improvements: Free Lunch Program Facility Rehabilitation: Community Mental Health Center Facility Accessibility: Old Brick Parkland Acquisition & Dev.: Miller-Orchard Neighborhood Subtotal PUBLIC SERVICE PROJECTS (FY99 Statutory Cap $156,450) Transitional Housing Support Services: Successful Living Employment Training: Mayor's Youth Employment Program Furniture Project: Domestic Violence Intervention Program Youth Leadership: Community Corrections Improvement Assn. Aid to Agencies Subtotal HOUSING PROJECTS (Est. Set-aside $1,026,100) Senior Rental Units: Iowa City IHA Senior Housing Phase I Acquisition & Rehab: Greater Iowa City Housing Fellowship Housing Rehabilitation: City of Iowa City Transitional Housing: Hawkeye Area Community Action Program Rehabilitation: Coldren Retirement Residence SRO Rehab: Successful Living, Inc. Affordable Housing Funding Pool: City of Iowa City Small Repair Program: Elderly Services Agency ADMINISTRATION HOME Program Administration CDBG Program Administration and Planning Subtotal Subtotal TOTAL Request $ 34.000 $ 34, 000 $ 65,395 $ 7,500 $ 49,565 $ 70,000 $215.000 $407,460 $ 15,000 $ 25,000 $ 13,688 $ 23,000 $105,000 $181,688 $275,OOO $300,040 $300,000 $190,000 $ 6,000 $ 15,295 $150,000 $ 28.000 $1,264,335 $ 64,300 $214.300 $278,600 $2,166,083 HCDC (3~24~99) Recommendation $ 25.000 $ 25,000 $ 47,920 $ 7,500 $ 49,565 $ 20,000 $ 65.000 $18~985 $ 15,000 $ 15,411 $ 11,000 $ 10,000 $105.000 $156411 $275,000 $281,609 $255,000 $190,000 $ 6,000 $ 14,395 $ 50,000 $ 28.000 $1,10~004 $ 64,300 $214,300 $278,600 $1,750,000 SOURCES OF FUNDS FY00 CDBG Entitlement FY00 CDBG Estimated Program Income FY99 Unexpended Funds (from contingency and projects) FY99 Unbudgeted CDBG Program Income FY00 HOME Allocation TOTAL $943,000 $ 30,000 $ 61,691 $ 72,309 $643,000 $1,750,000 City of Iowa City MEMORANDUM DATE: TO: FROM: RE: May 26, 1999 City Council and City Manager Steven Nasby, Associate Planner ~ Repeal and Replacement of Resolution 99-145 The U.S. Department of Housing and Urban Development (HUD) is requiring that the City of Iowa City make a technical amendment to Resolution 99-145. Resolution 99-145 approved the FY00 Annual Action Plan (including the Community Development Block Grant (CDBG) and HOME Investment Partnership program allocations). HUD is requiring a technical amendment because they no longer will approve Annual Action Plan budgets that contain funds set-aside for contingencies. This is a new interpretation by HUD. In FY00, we have ~70,000 budgeted for contingencies. This is 4% of the total budget and is primarily used for cost overruns on funded projects or emergencies. To address HUD's requirement we are simply deleting the "Contingency" budget line item and folding it into the "Administration" budget line item. The ~70,000 will remain earmarked for contingencies and not be expended for administration. If extra funds are needed by CDBG and HOME projects, or emergencies arise, we can easily transfer the funds out of the "Administration" budget. To make this process as straightforward as possible the City Attorney's Office has advised us to repeal Resolution No. 99-145 and approve a new resolution regarding the FYO0 Annual Action Plan. This new resolution is on the June 2nd Consent Calendar. All of the CDBG and HOME allocations for projects previously approved by the Council remain the same with the exception of the budget line items of "Contingency" and "Administration" (as explained above). If you have any questions please contact me at 356~5248. Prepared by: Sarah E. Holecek, First Asst. City Atty., 410 E. Washington St., Iowa City, IA 319-356-5030 RESOLUTION NO. 99-175 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST PERMANENT AND TEMPORARY EASEMENT AGREEMENTS WITH THE STATE BOARD OF REGENTS FOR THE PLACEMENT OF SANITARY SEWERWITHIN UNIVERSITY PROPERTYALONG MELROSE AVENUE TO FACILITATE AN UPGRADE IN EXISTING SANITARY SEWER FACILITIES IN THE AREA WHEREAS, the project to upgrade the sanitary sewer service along Melrose Avenue serving the University Athletic Club and Finkbine Golf Course requires installation of a sanitary sewer pipeline across University of Iowa property; and WHEREAS, as the upgrading of sanitary sewer service in the area is beneficial to the general public, the City has negotiated the grant of an easement agreement with the State Board of Regents; and WHEREAS, the Easement Agreements require City Council approval; and WHEREAS, the execution of said Easement Agreements are in the public interest and advance the public health, safety and welfare of the citizens of Iowa City, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: The Mayor is hereby authorized to sign and the City Clerk to attest the attached Temporary and Permanent Sanitary Sewer Easement Agreements with the State Board of Regents upon approval of the same by the City Attorney. The City Clerk is hereby authorized and directed to cedify a copy of this Resolution and to record the same with the above-referenced Agreements in the Johnson County Recorder's Office at the expense of University Athletic Club Investors, L.C. Passed and approved this 2nd day of June ,1999. ATTEST: C~ '~/' '~<"'/~"~ J Resolution No. 99-175 Page 2 It was moved by Vander'hoef and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X X 0' Donnel 1 the Resolution be ABSENT: Champion Kubby Lehman X Norton O'Donnell X Thornberry Vanderhoef PERMANENT EASEMENT AGREEMENT FOR SANITARY SEWER FACILITIES BETWEEN THE STATE BOARD OF REGENTS AND THE CITY OF IOWA CITY, IOWA State Board of Regents for the use and benefit of the State University of Iowa (hereinafter referred to as "University") and the City of Iowa City, Iowa (hereina~er referred to as "City"). WHEREAS, the Iowa State Board of Regents is the owner of certain real estate property situated within Iowa City; and WHEREAS, as part of a project to replace the sanitary sewer pipeline serving the Finkbine Golf Course and the University Athletic Club, an eight (8") diameter sanitary sewer pipeline will be installed across University property along the north side of Melrose Avenue as outlined in the plans prepared by MMS Consultants, Inc. (hereinafter referred to as "Public Improvement"); and WHEREAS, the Public Improvement is expected to begin during Spring 1999; and WHEREAS, the Public Improvement will be installed upon University property; and WHEREAS, this agreement is entered into to establish a permanent sanitary sewer easement and set forth the permitted uses thereof. NOW, THEREFORE, for good and valuable consideration, the undersigned hereby grants to the City a non-exclusive permanent easement consisting of the area outlined on Exhibit A subject to the terms, covenants and conditions to wit: A. The Iowa State Board of Regents, owner of the underlying fee to the entire parcel hereby grants to the City an easement as set forth below and described in Exhibit A; Location: The easement granted herein shall be located upon and limited to the tract described and shown as permanent sanitary sewer easement on the plat map documents marked Exhibit A, attached hereto and made a part hereof (hereafter "Easement Area"). Use: Said easement shall be used by City for the purpose of excavating for and the installation, replacement, maintenance and use of such sanitary sewer pipelines as the City shall, from time to time, elect to use, and all necessary appurtenances and fittings for use in connection with said sanitary sewer, together with adequate protection thereof and also a right-of-way with right of ingress and egress thereto, over, through and across the Easement Area. University further grants to City the following rights in connection with the above USES; The right of grading said Easement Area for the full width thereof, and the right to extent the cuts and fills for such grading into and on said Easement Area. o ° The right, from time to time, in consultation with the University, to trim and cut down and clear away trees and brush on the Easement Area which now or hereafter, in the opinion of City in consultation with University, may be a hazard to said Easement Area, or which may interfere in any manner with City's exercise of its rights herein. In the event that trees are cut down or cleared away City shall be responsible for replacing. trees with like number and species in consultation with the University. In the event that the University plants any trees, shrubs, or other foliage on the easement area after completion of the Public Improvement, City shall have no obligation to replace the same if City must remove or disturb the trees, shrubs or foliage in the exercise of its easement rights hereunder provided City notifies and consults with University prior to removing or disturbing the trees, shrubs or foliage; The right to enter onto land beyond the Easement Area and conduct emergency repair which may extend minimally beyond the Easement Area, without obtaining a separate temporary easement. City's right to do such work shall be effective only upon City's prior notice to University, and with minimal disruption of area. In the event of such emergency repair, City agrees to restore said area substantially to its prior condition, as set forth in Paragraph 6 below. Access: City's entrance upon the University's premises for access to the Easement Area shall be over reasonable routes designated by the officials of the University Facilities Services Office, and any parts of said premises damaged in the course thereof shall be repaired, replaced or restored by the City within a reasonable period of time to substantially the same condition as existed prior to City's entrance. Excavations and Embankments: All ditches, trenches, other excavations, embankments and other areas of fill shall be firmly filled and maintained in such a manner as to present no hazard or obstacle to University's use of the premises for other purposes. Utility Crossings: All crossings of existing water lines, heating tunnels, or other existing University facilities shall be according to specifications and details of the engineer or other official of the University in charge of such installations, and the University shall have the right to construct any such utilities across or through the Easement Area in such manner as not to unreasonably interfere with City's present or future exercise of its rights granted herein. The University shall give written notice to the City at least 30 calendar days prior to the installation of any such utilities. Restoration and Maintenance: City shall promptly backfill any trench made by it, and repair any damages caused by City within the Easement Area, including any damages by virtue of future excavation or use of the Easement Area. Once the Easement Area has been completely restored to its prior condition and except as expressly provided in this Easement Agreement, City shall have no responsibility for maintaining the Easement Area. City acknowledges and agrees to remove and stockpile existing topsoil from areas to be excavated; and that following installation of the Public Improvement, all areas within the Easement Area which are disturbed shall be spread with topsoil and seeded within a reasonable time after construction is complete and the Easement Area restored substantially to its original condition. Liability: City covenants to indemnify, defend and save the Board of Regents, the University, the State of Iowa, and their tenants, employees, officials, guests and invitees lawfully using said premises, harmless from anyand all damages arising from the City's use of the premises under the rights herein granted, except such as may be due to unavoidable casualty beyond the City's control and without its fault or such as City may be exempt from under the laws of Iowa. Damages to crops, fences or other property, including parking gates and hardware, of the University, the Board of Regents, the State of Iowa, and its tenants during original construction and subsequent maintenance, repair and use of the premises under this easement shall be repaired, replaced, restored or compensated for by the City within a reasonable period of time. Rights Reserved: University reserves the right to full use of said premises for any purpose it sees fit which does not interfere with City's rights herein granted. University may not erect buildings or other above ground structures with the exception of flower beds, signs, roadway, bikeway, sidewalk or driveway facilities, and associated appurtenances including lighting, which cross the Easement Area. Consideration: It is agreed and understood that the consideration for this easement is as follows: a) The University shall have the right to connect existing or future sanitary sewer pipelines into the City's sewer facilities within the Easement Area; No other consideration is to be paid from the City to the University for the easement herein. 10. Duration: This easement is granted and all rights hereunder shall endure for such period of time as they are required and used for the purposes herein described. Whenever said purpose and use shall cease or terminate, all rights granted herein shall terminate and revert to the University, and City, at University's option, may be required to abandon said facilities. The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto; shall be deemed to apply to and run with the land and with the title to the land; and shall be recorded in the Johnson County Recorder's Office, at City's expense. 11. Assignment Prohibited: This grant is to the City only and cannot be assigned in whole or in part to any other party without written consent of the University which shall not be unreasonably withheld. Each and all of the above terms, covenants and conditions are of the essence hereof and the City, by accepting this instrument, covenants to comply and perform as so specified. The City's failure to do so shall entitle the University to terminate all rights hereunder by 3 serving a written notice upon the City specifying its defaults, and if the City fails to fully comply as obligated herein within a reasonable period of time after said notice, all of its rights, title and interest hereunder shall cease and terminate and the University shall be entitled to full possession of the premises. IN WITNESS WHEREOF, the parties have executed this instrument by their lawfully designated officials as of the date first written above. ATTEST: Ci~t/CleF>~'~,~> ft. ~/~ ACKNOWLEDGMENT OF THE CITY OF IOWA CITY STATE OF IOWA ) ) SS: JOHNSON COUNTY ) Onthis \'~t'~'''~ dayof~ ~ ,19%'%,beforeme,"~'-'-X,..--'~"',,-'~ ~-,,r',\ , a Notary Public in an for the State of Iowa, pe~'~'onally appeared ~.,-,,~- ~, L..~.~ .~., "~=.f~ ...-,'r-,. \~,.v-v-, to me pers'~onall'L"y known, and who, being by me duly s:orn. did say tha'~t'they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and , led an behalf of the corporation, by authority of its City Council, as contained in (Ordinance ~eRe,~olution) N'~. ~ ~, -~,"]5'passed (the Resolution adopted) by the City Council, under Roll Call No. -- ofthe City Council on the Q,--A. dayof ~,,,.,,,,~._. , 19'%_~and that c,-,.~_~ ~ .~,..~.~.,,~. ~,~-,.acknowledged the execution of the instrumen~'~ be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ota ACKNOWLEDGMENT OF THE IOWA STATE BOARD OF REGENTS STATE OF IOWA ) ) SS: POLK COUNTY ) On this '~'7"~' day ~J ~ff , 19__~ before me, C-Z-c>rb(lJ~ ~-~f"'J~/~, a Nota~ Public in an r th Iowa, personally appeared Frank J. Stork, to me personally known, and who, being by me duly sworn, did say that he is the Executive Director of the Iowa State Board of Regents; and who is authorized to execute the foregoing instrument to which this __ who acknowledged the execution of the instrument to be his volunta~ act and deed and the volunta~ act and deed of the Iowa State Board of Regents. N and for said State ACKNOWLEDGMENT OF THE EXECUTIVE COUNCIL STATE OF IOWA ) ) SS: POLK COUNTY ) n this Jk day of ~,c , A.D., 19~c7, before me, a Notary Public, personally appeared ~5~ ~"~~ecreta~'o the Executi~ Council of Iowa, to me personally known and who by m2u~ly sworn did say that she is the Secretary of the Executive Council, and who is authorized to N t P State o a~ ublic in ;nd for said I:%hollins\easements\ath-ease.doc KAREN SINCLAIR ',~ ....' M~)OMMiSSiON EXPIRES 5 IL A*~ PREPARED BY: MMS CONSULTANTS # 1917 S. GILBERT ST. IOWA CITY. IOWA 52240 (319) 351-8282 , , ; / ° / ; · i i / / I easement TEMPORARY CONSTRUCTION Easement ~ UNIversity ATHletic CLUB SUBDIviSiON Z MMS CONSUltants, I.C Iowa City Iowa (319) 351-8282 J~ _ ,~ SCM MAS COM TEMPORARY CONSTRUCTION EASEMENT AGREEMENT FOR SANITARY SEWER CONSTRUCTION BETWEEN THE STATE BOARD OF REGENTS AND THE CITY OF IOWA CITY, IOWA Iowa State Board of Regents for the use and benefit of the State University of Iowa (hereinafter referred to as "University") and the City of Iowa City, Iowa (hereina~er referred to as "City"). WHEREAS, the Iowa State Board of Regents is the owner of certain real estate property situated within Iowa City; and WHEREAS, as part of the project to replace the sanitary sewer service to the Finkbine Golf Course and the University Athletic Club, an eight inch (8") diameter sanitary sewer pipeline will be installed across University property along the north side of Melrose Avenue as outlined in the plans prepared by MMS Consultants, Inc. (hereina~er referred to as "Public Improvement"); WHEREAS, the Public Improvement is expected to begin in Spring 1999; and WHEREAS, the Public Improvement will be installed upon University property and consequently a portion of University property will be used for grading, excavating, piling of dirt, regrading, storing materials and equipment, and ingress and egress of persons and equipment; and WHEREAS, the Public Improvement will benefit University by improving sanitary sewer service to University facilities; and WHEREAS, this agreement is entered into to establish a temporary easement and set forth the permitted uses thereof. NOW, THEREFORE, for good and valuable consideration, the undersigned hereby grants to the City a non-exclusive temporary easement consisting of the areas outlined on the attached Easement Exhibit "A" subject to the terms, covenants and conditions to wit: A. The Iowa State Board of Regents, owner of the underlying fee to the entire parcel hereby grants to the City of Iowa City a temporary easement as set forth below and described as Temporary Construction Easement on Easement Exhibit "A". Location: The easement granted herein shall be located upon and limited to the tracts described and shown as Temporary Construction Easement on Easement Exhibit "A" attached hereto and made a part hereof (hereafter "Temporary Easement Area"). Use: Said temporary easement shall be used by City for the purpose of grading, excavating, piling of dirt, regrading, restoration, storing of materials and equipment, and ingress and egress of persons and equipment to the Temporary Easement Area, as needed to complete said Public Improvement. University further grants the following rights in connection with the above uses: City shall have the right to place fill material and/or to make excavations within the Temporary Easement Area, and to grade as City may find reasonably necessary for the construction. City covenants and agrees to protect excavations during construction; to promptly fill said excavations following construction; and to be liable for and hold University harmless from third party liability during said construction. City shall promptly backfill any trench made by it, and repair any damages caused by City within the Temporary Easement Area. Once the Temporary Easement Area has been restored to substantially its prior condition, as mutually satisfactory to both parties, and except as expressly provided in this Temporary Easement Agreement, City shall have no further responsibility for maintaining the Temporary Easement Area. City shall have the right of ingress and egress to and from the Temporary Easement Area by such route as shall occasion the least practical damage and inconvenience to the University. City shall protect all trees and shrubs within the Temporary Easement Area from damage during the construction of the Public Improvement. Access: City's entrance upon the University's premises for access to the easement shall be over reasonable routes designated by officials of the University Facilities Services Group, and any parts of said premises damaged in the course thereof shall be repaired, replaced or restored by the City within a reasonable period of time to substantially the same condition as existed prior to City's entrance. Excavations and Embankments: All ditches, trenches, other excavations, embankments and other areas of fill shall be firmly filled and maintained in such a manner as to present no hazard or obstacle to University's use of the premises for other purposes. Utility Crossings: All crossings of existing water lines, heating tunnels, or other existing facilities shall be according to specifications and details of the engineer or other official of the University in charge of such installations, and the University shall have the right to construct any such utilities across or through the Temporary Easement Area in such manner as not to unreasonably interfere with City's present or future exercise of its rights granted hereino The University shall give written notice to the City at least 30 days prior to the installation of any such utilities. Restoration and Maintenance: City covenants and agrees that existing driveways, fences, underground drainage tile or other site features which are removed or disturbed shall, to the extent reasonably possible, be replaced by City to conform with pre-existing site features. City further covenants and agrees to remove and 10. 11. stockpile existing topsoil from areas to be excavated or filled. Following installation of the Public Improvement, all such areas within the Temporary Easement Area, which are excavated or filled, will be graded and topsoil shall be replaced and re- spread over said areas. City furlher agrees that all grassed areas disturbed by the construction shall be seeded in accordance with City specifications within a reasonable time after construction is complete. Liability: City covenants to indemnify, defend and save the' Board of Regents, the University, the State of Iowa, and their tenants, employees, officials, guests and invitees lawfully using said premises, harmless from any and all damages arising from the City's use of the premises under the rights herein granted, except such as may be due to unavoidable casualty beyond the City's control and without its fault or such as City may be exempt from under the laws of Iowa. Damages to crops, fences or other property of the University, the Board of Regents, the State of Iowa, and its tenants during original construction and subsequent maintenance, repair and use of the premises under this easement shall be repaired, replaced, restored or compensated for by the City within a reasonable period of time. Rights Reserved: University reserves the right to full use of said premises for any purpose it sees fit which does not interfere with City's rights herein granted. Consideration: It is agreed and understood that the consideration for this easement is as follows: a) The University shall have the right to connect existing or future sanitary pipelines into the sewer facilities within the easement area. No other consideration is to be paid from the City to the University for this easement. Duration: This easement is granted and all rights hereunder shall endure for such period of time required by City to complete the construction of the Public Improvement, but in no event shall the duration of the Temporary Construction Easement extend beyond December 31, 1999. Assignment Prohibited: This grant is to the City only and cannot be assigned in whole or in part to any other party without written consent of the University which shall not be unreasonably withheld. Each and all of the above terms, covenants and conditions are of the essence hereof and the City, by accepting this instrument, covenants to comply and perform as so specified; the City's failure to do so shall entitle the University to terminate all rights hereunder by serving a written notice upon the City specifying its defaults, and if the City fails to fully comply as obligated herein within a reasonable period of time after said notice, all of its rights, title and interest hereunder shall cease and terminate and the University shall be entitled to full possession of the premises. IN WITNESS WHEREOF, the parties have executed this instrument by their lawfully designated officials as of the date first written above. CITY OF A CITY STATE BOARD OF REGENTS ATTEST: App, y 4 ACKNOWLEDGMENT OF THE CITY OF IOWA CITY STATE OF IOWA ) ), SS: JOHNSON COUNTY ) Onthis \L'~'V"dayOf "~"'~,-~----- ,19'~.~beforeme,'~'~"Jc,-~-~,,.~>~-'~,, a Nota~ Public in'an for the State of Iowa, pe~onally appeared ~-~.~. ~ -% ~t~ ,~ , to me personally known, and who, being by me duly sworn, did say 'that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that t~ seal a~xed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and ~ealed on behalf of the corporation, by authority of its City Council, as contained in (Ordinance ~e~olution) No. ~ -~ passed (the Resolution adopted) by the City Council, under Roll Call No. -- ~he City Council on the ~ ~ day of '~ ~L ,19~ and that ~¢-~,~. ~ ,~t~.~,~cknowledged the execution of the instrument to be their volunta~ act and deed and the volunta~ act and deed of the corporation, by it voluntarily executed. ACKNOWLEDGMENT OF THE IOWA STATE BOARD OF REGENTS STATE OF IOWA ) ) SS: POLK COUNTY ) On this~r~ day of 19~, before me, ~ ~ a Notary Public in an for th~of Iowa', personally appeared Fr~n~J. Stork, to me personally known, and who, being by me duly sworn, did say that he is the Executive Director of the Iowa State Board of Regents; and who is authorized to execute the foregoing instrument to which this ac~e~nC2nt is attached by vote of the Iowa State Board of Regents at its meeting on ,19L~?and who acknowledged the execution of the instrument to be his voluntary act and deed and the voluntary act and deed of the~te BoarT~>~- Nota~ Pub nd for said State oF STATE OF IOWA ) ) SS: POLK COUNTY ) On this ~1, day of · , A.D., 19_~_., before me, a Notary Public, personally appeared ~ ~r-x'~ Secreta~o the Executive Council of Iowa, to me personally known and who by ~,duly sworn did say that she is the Secretary of the Executive Council, and who is authorized to execute the foregoing instrument to which this acknowledgment is attached by vote of the Executive ' t and the volunta~ act and deed of the Executive Council. c:~hollins~easement~th-temp.doc ""' KAREN SINCLAIR '~Z~J~r- MY COMMISSION EXPIRES ,o ,, IC) --Z2 - E'OOd PREPARED BY: MMS CONSULTANTS 1917 S. GILBERT ST. F' I Frl : o / rq , ! z I o > / Z / / 0 : / ., /' / SANITARY SEWER EASEMENT Project ~tle: IOWA CITY, IOWA 52240 (3;9) 351-8282 ! i°l ~ ~ ~i~t"'~ ,, ,-r, -. iD Drown by~ A TO UNIVERSITY HEIGI-IT~ _../~, ,./~,~ MAS / MMS CONSUL~^NTS, MIowo CRy. Iowa (319) 351-8282 Checked GOM p6-~.-99 I Prepared by: Jeff Davidson, Asst. Director, PCD, 4'10 E. Washington St., Iowa City; IA 52240 (3'19) 356-5252 RESOLUTION NO. 99-176 RESOLUTION FIXING THE TIME AND PLACE FOR RECEIPT OF BIDS AND DIRECTING THE CITY CLERK TO PUBLISH ADVERTISEMENTS FOR BIDS FOR THE CONSTRUCTION OF THE IOWA AVENUE MULTI-USE PARKING FACILITY WHEREAS, the City Council on May 4, 1999 approved the plans, specifications, form of contract, and estimate of cost for the construction of the Iowa Avenue Multi-Use Parking Facility Project, established the amount of bid security to accompany each bid, directed the City Clerk to publish advertisements for bids, and fixed the time and place for receipt of bids; and WHEREAS, the City desires to modify time and place for receipt of bids from June 3, 1999 to June 24, 1999; and WHEREAS, certain dates in the Advertisement for Bids will be modified because of the later bid date. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. The City Clerk is hereby authorized and directed to publish notice for the receipt of bids for the construction of the above-named project in a newspaper published at least once weekly and having a general circulation in Iowa City. 2. The previously established time for receipt of bids shall no longer be applicable. Bids for the above-named project are to be received by the City of Iowa City, Iowa at the office of the City Clerk, at the Civic Center, at 2:00 p.m. on the 24th of June 1999. Thereafter the bids will be opened by the City Engineer or designee and thereupon referred to the City Council of the City of Iowa City for action upon said bids at its next meeting to be held at the Council Chambers, Iowa City Civic Center, Iowa City, Iowa at 7:00 p.m. on the 29th of June 1.999, or at such later time and place as may then be fixed. Passed and approved this 2nd day of June ATTEST: C~ ~' ,19 99 MAYOR City Attorney's Office jccogadmVes~jowaave2 .doc Resolution No. 99-176 Page 2 It was moved by Champion and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X X Vander'hoef the Resolution be ABSENT: ,'. Champion Kub. by Lehman X Norton O'Donnell X Thornberry Vanderhoef 06-02-99 7 Prepared by: Karin Franklin, Director, PCD, 410 E. Washington St., Iowa City, IA 52240 (319) 356-5232 RESOLUTION NO. 99-177 RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE FUTURE CONSTRUCTION OF A MUNICIPAL PARKING FACILITY IN THE NEAR SOUTHSIDE. WHEREAS, Larry and Margaret Olesen have fee title to certain real estate located within Johnson County, Iowa, within the corporate limits of the City of Iowa City locally known as 504 S. Capitol Street; and WHEREAS, the City of Iowa City, Iowa has determined that it is in the public interest to acquire said property for the future construction of a municipal parking facility consistent with the adopted near Southside Neighborhood Redevelopment Plan; and WHEREAS, the City and Larry and Margaret Olesen have entered into a purchase agreement for the sale by Larry and Margaret Olesen to the City of said property and said purchase agreement is subject to City Council approval; and WHEREAS, said purchase agreement provides that at the Sellers' option the sale will be considered to be in lieu of condemnation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, THAT: 1. It is in the public interest of the City of Iowa City, Iowa that the attached Residential Real Estate Purchase Agreement for acquisition of property locally known as 504 S. Capitol Street from Larry and Margaret Olesen by the City of Iowa City, Iowa for the future construction of a municipal parking facility be approved. 2. The attached Residential Real Estate Purchase Agreement is approved as to form and content. 3. In the event Seller chooses to exercise said option to treat the sale as one in lieu of condemnation, the Mayor and the City Clerk are hereby authorized to execute and attest on behalf of the City of Iowa City an agreement in lieu of condemnation. The City Attorney is hereby directed to take all necessary action to complete said transaction, as required by law. Passed and approved this ?nd day of Oune ,19 99 ATTEST:CiT~L~~RK IT ppddir\res\olesen .doc City Attorney's Office Resolution No. 99-177 Page 2 It was moved by Vanderhoef and seconded by adopted, and upon roll call there were: 0 ' Donnel I the Resolution be AYES: NAYS: ABSENT: X X X X X Champion Kubby Lehman X Norton O'Donnell X Thornberry Vanderhoef TO 1. REALTOR® RESIDENTIAL REAL ESTATE PURCHASE AGREEMENT This form approved by the ~owa City Area Association of REALTORS Larry and Margaret Olesen REAL ESTATE DESCRIPTION. The undersigned BUYERS herePy offer to buy real estate in 504 S. Capitol St. Iowa City, Iowa Dateof Agreement May 22 19. 99 (SELLERS;), Johnson County, Iowa, locally known as: AND FOLLOWING THE LEGAL DESCRIPTION CONTAINED IN THE TITLE DOCUMENT BY WHICH THE SELLER RECEIVED TITLE TO THE PROPERTY, SUBJECT TO APPROVAL OF BUYERS ATTORNEY, or described as follows: wrth any easements and appdrtenant servient estates, and sublect to the folbwing: (a) any zoning and other ordinances; (b) any covenants of record; (c) any easements of record for public ~ili~ies, roads and highways; and (d) _ a 11 , (consider: liens, other easements, inferests of others) designated the Rea~ Estate; prowded BUYERS, on possess~on, are permitted to make the tollowlng use of the Real Eslate: multi-family residence PURCHASE PRICE. The Purchase Price shall be $ 130,000.00 .( One hundred thirty thousand and no/oo ) and Ihe method ol payment Shall be as follows: $1. OO0. O0 w~th th~s offer to be deposite~ upon acceptance of th~s offer. in the trust account of 'Towa Rea'l ty to be delivered to the SELLERS upon pedormance of SELLERS' obligations and satisfaction of BUYERS' contingencies, if any, and the balance of the pumhase pdce as designated below Select: IA) IS) and/or (C) or (D) A. E.q NEW MORTGAGE; Circle: (CONV) IFHA) or iVA) Th~s Agreemenl is contjngent upon the BUYERS obtaimng a written commitment for a first real estate mudgage lot % of the purchase price with interest on the promissory note secured thereby of not mere than % amorhzed over a term of nol less than __ years, with a pall0on due date of nol less than __ years, BUYERS agree to pay no more than % for loan origination fees and points, and to pay in addition a41 other customary loan costs. BUYERS agree upon acceplance of this offer Io immediately make appl,::;ation for such mudgage with a commercial mortgage lender and to exercise good faith efforts to obtain a mortgage commitment as above provided. Upon receiving writlen loan commit- ment, (supported by the lenders required appraisal), BUYERS shall release this conlingency in writing. rf BUYERS have nol obtained a written mor'~gage ban commitment containing the above lerms, or lerrns acceptable to BUYERS on or before the __ day of ,19.__ either SELLERS or BUYERS may declare this agreement null and void aed all payments made hereunder shall be returned. BUYERS shall pay the balance of the purchase price at the lime ol the closing by combination of BUYERS' personal funds and the net mortgage proceeds. B. ~ CASH: BUYERS will pay the balance of the purchase price in cash at the time of closing. This Agreement is not contingent upon BUYERS obtaining such funds. C. :Q OTHER FINANCING TERMS: This is a CASH Offer. D. :Q ff a Mortgage Assumption, Installment contract Assumption, or Installment contract Sale, see atlached addendure. 3. POSSESSION. If BUYERS timely pe~orrn all obligations, possession for the Real Estale shall be delivered Io BUYERS on Augus t ]. ,199 9 w~th any adjustments of rent, taxes, insurance, ~nlerest, and other applicable matters to be made as of the date of transfer of possession. Closing of the transaction Shall occur after approval trlle and vacation of the premises by lhe SELLERS, in lhe condition ready for BUYERS' possession. Possession sha~l not be delrvered to the BUYERS until completion of the closing. which shall mean delivery to the BUYERS of all title transfer documents and receipt of the purchase pnce funds then c~ue from BUYERS. If by mutual agreement lhe patties select a drfferent possession or closing rtate, they shall execute a separate agreement setting forth the terms thereof. 4. REAL ESTATE TAXES, SELLERS shall pay all real estate taxes which are due and payable and constitute a lien against the above described Real Estate and any unpaid real estate taxes Ior any prior years. Except for the t x o tion hereinaher sel fotth, BUYERS shall pay all subsequent real estate taxes. SELLERS Shall also pay a promted share of the real estate taxes for the fiscal year ending June 30. :¥c]<~ ~(5~ , and payable in the fisca~ year commencing July 1,>~;2 OO0 _, based upon one ol the following formulas: Select (A) (B) or (C). A. ~ Net taxes payable in the current fiscal year in which DosSession is given to Buyers. (Do not select this alternative ff the current years taxes are baseq upon a vacant lot or partial construction asSessment.) B Q Net taxes paid in the currenl fiscal year ol possession (plus/m~nus) % thetool. C. Q A~ amount Calculated pase.~ upon the assesseq valuation, legjslalive tax rollback. and real estate tax exampreens that wil~ actually be apphcable to and used lor the calculation of laxes payable in the liscal year commencing July 1, 19 __. if, at the time of closing, the tax rate is not certified, then the most current, cettitied tax rate shal~ be used. 5. SPECIAL ASSESSMENTS. Select: (A) or A, ~ SELLERS shall pay all special assessments which are a lien on the Real Estate as of the date of closing. B, :3 SELLERS shall pay all installments of special assesSments which are a lien on the Real Estate and, rf not paid, would become delinquent during the Calendar year this offer is accepted, and all prior installments thereof. All olher special assesgmeni~ shall be D~id Py BUYERS. 6 FIXTURES. All properly Ihal ~nteg rally belongs 1o or is part of the Real Estate, whether attached or detacheq, such as light lixtures, shades, rods, blLnds, automatic garage door openers anc~ transmffier umts, aH drapery rods and curtain reds. awmngs, windows, storm doors, screens, plumbing fixtures, waler healers, waler softeners (unlesS water SOftener is rental), automatic heating equipment, air conditioning equipment, wall-to-wall carpeting. mirrors attached to walls or doors, fireplace SCreen and grate, aftached barbecue grills, weather vane, all built-in kitchen following: all attached ~ in writing an~a~ ~tems on The following ~ems snail be excluded: ~___ n nn e 7 DEED Upon payment of lhe purchase price, SELLERS shar~ convey the Real Eelate to BUYERS or Iheir assignees, by ~4a_rran ty Deed, free and clear of all liens, restrjct~ons, and encumbrances excepl as provldeq in l(a) tDrough l(d). Any genera~ warranties of title shall extend omy to the time of ;~cceplanca of this offer, with special warrantFee as to acts of SELLERS continuing up to t,me of delivery of the deed. 8. TIME IS OF THE ESSENCE. T~me is of the essence in Ibis contract. 9. CONDITION OF PROPERTY, A. The propady as of the date of this Agreement ~ncluding buildings, grounds, and all improvements will be proseNed by the SELLERS in its present condttion unltl possession, ordinary wear and lear excepted. The SELLERS warranl lhal lhe healing, eJectdcal, plumbing, and air conditioning systems and all included appliances will whether subject inspection set fotth hereinafter or not, be in good working order and condrlion as of the date of delivery of possession. The BUYERS shall be permitted access to the properly prior to posSession or closing, Whichever is SOoner, in order to determine that there has been no change in the cond~ion of the property and that it is ready for BUYERS' possession. B. The BUYERS must choose one of lhe following altemalives re,alive to the condit,on and quality ol the properly: 1) ;I W~hin calendar days alter the acceptance date. the Buyers may, at their sole expense, have the property inspected by a person or persons of their choice. The inspection ShalJ cover the MAJOR COMPONENTS of the Real Estate: central heating system, canlral cooling system, pJumbing system, electrical system, roof, walls, ceiling. foundation and base- ment, if any. Witran ~ calendar days after completion of the inspection period. the BUYERS must notify in writing the SELLERS' Selling Agenl. as shown heroin, of any major deft- ciencies. The notification must be accompanied by a copy of the wr~len inspection reDoft and by a written esltmste from a qualitieq contraclor for the cost of repair of such deficiency+ IN THE ABSENCE OF WRITTEN NOTICE OF ANY DEFICIENCY FROM BUYER, WITHIN THE TIME SPECIFIED HEREIN, THIS PROVISION SHALL BE DEEMED WAIVED BY PARTIES AND THIS CONTRACT SHALL REMAIN IN FULL FORCE AND EFFECT. The SELLERS shall within Five (5) Calendar days arlar receipt of BUYERS' notification, notify the BUYERS in writing of what steps, ff any, the SELLERS will take to correcl such deficiency before closing. The BUYERS shall, within Five (5) calandar days after receipt of the SELLERS' notification. noisy in writing the SELLERS' Selling Agent that, (1) such slops are acceptable, jn which Case lhis Agreement, as so modified shall be binding upon all padlee; or (2) that such steps are not acceptable. in which case this Agreement shall be null and void, and any earnest money shall be returned Io BUYERS. 2)x~ BUYERS acl<nowledge that they have been advised of their nght of property inspection and have declined to make said inspection. 10. WOOD DESTROYING INSECT INSPECTION. Selecl (A) or {B) A) SI Within . calendar days after the final acceptance date of this Offer, BUYERS may, at BUYERS' expense have the property inspected for termites or other wood destroying insects by a licensed Pest InspeclOr. If active infsstation or damage due to prior infestation is discovered. SELLERS shall have the oplion of either having the property treated for infestalton by a I~ensed pest Exterminator and having any damage repaired to the BUYER'S satisfaction, or declaring this Agreement void. This provision shall not apply to fences, trees, shruB, or outbuildings Other than garages. BUYERS may accept Ihe properly ~n ~s existing condition without such treatmenl or repairs. B) ~ BUYERS acknowledge that they have been advised of their right of a best inspeclion and have declined 1o make Said inspection unlesS required by lending institution at Which time said insbect~on would be at Buyers expense and the Buyer wilF have the same rights as under paragraph IOA if active infestation or damage due to prior hfestal,on is discovered. 11, INSURANCE. SELLERS shall bear the risk ol loss or damage to the property prior to closing or possession, whichever first occurs. SELLERS agree to mainIron existing insurance and BUYERS may purchase a~adit~onal ~nsurance, In the event of substantial damage or deslruclio~ prior to closing, this agreemenl shall be null and void, unless otherwise agreed by the patties The property shall be deemed substantially damaged or destroyed if it cannot be restored to its presenl condition on Or before the closing date; provided, however, BUYERS shal~ have the option to complete the closing and receive insurance proseeds regardless of the extent of damages. 12. USE OF PURCHASE PRICE. At time ol sefflement, funds of the purchase price may be used to pay taxes and other liens and lo acquire outstanding interests, if any, of others 13. ABSTRACT AND TITLE. SELLERS, at their expense, shall promptly obtain an abstract ol title to the Real Estate continued through the date ol acceplance of Ihis offer, and dehver ~t to BUYERS lot examination, it shall show merchantable title ~n SELLERS names m conformity wilh this agreement, Iowa law, and Title Slaedards ol the ~owa State Bar Association The abstract shall become fhe property ol the BUYERS when lhe purchase price is paid in full. SELLERS sha~l pay the costs of any eddilional abstracting and title work due to any act or omission of SELLERS, including transfers by or the death of SELLERS or ther assignees. ~f, al the time of c~osing there remain unresolved litle objeclions, lhe parties agree to escrow from the sale proseeds a sufficient amount to protect the BUYERS' interests until said objections are corrected, allowing a reasonable time lot the correclions ol said objections; provided, however, that ff the commercial mortgage ~ender ol the BUYERS will nol make the mortgage funds available with such escrow, Ihe provisions for escrow for title delects shall nol be applicable. 14. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. I1 SELLERS, immediately preceding acceptance ol the offer, hold title to the Real Estate ~n joint lenancy w~th full nght of survivorship, and the joint tenancy is not later deslroyed by operation of law or by acts of the SELLERS. then the proseeds of this sale. and continuing or recaptured righis of SELLERS in the Real Eslale, sha41 belong to SELLERS as joint tenants wdh full rights of survivorship and not as tenanls in common; and BUYERS, in the event of the death of eilher SELLER, agree to pay any balance of the price due SELLERS under Ibis contract to the surviving SELLER and fo accept a deed from the surviving SELLER consistent with paragraph 7. 15 JOINPER BY SELLER'S SPOUSE. SELLER'S spouse, if not a title holder immediately preceding acceptance of this offer, executes Ibis contract only lot the purpose of relinqu,sh~ng or all nghts ol dower, homestead and d~str,bulive share or in.cornpliaDce with with Section 561.13 of lhe Iowa Cede and agrees to execute the deed or real estate contract for Ibis purpose 1[ REMEDIES OF THE PARTIES. A If buyers fair to timely pedorm tn~s contract, SELLERS may forteit it as prowded in the iowa Code, and all payments made shah be fortcited or, at SELLERS' option, u~n Tbrty (30) cays wr~en notice of intention lc accelerate the payment ol the entire balance because of such failure lduring which thirty days such lairure is nol corrected) SELLERS may declare the enlire balance immediately due and bayable. Thereaffer this conlracl may b~,{or¢cD~d in e<~y~nd the Court may appoint a receiver. B If SELLERS lai~ to timely periorm this contract. BUYERS have the right to have all payments made returned to them, C. BUYERS and SELLERS also are entiffed to utilize any and all other remedies or actions al law or in eduily available to them and shall be enlitled to obtain jedgmenl/or costs and attorney fees as permitted by law. D In the event the BUYERS fail to perform their obligations hereunder and the SELLERS successfully forfeit any payments made under Ibis contract, the Broker shall recerve from the SELLERS one-haft of the fortcited payment. said one-half not to exceed the total commission due to the Broker. In the event Ihe SELLERS fail to perform SELLERS' obligations under th~s contract when required to do so. SELLERS shall pay lo Broker the Broker's commission ~n the amounl set forth in the SELLERS' Listing Agreement wllh the SELLERS' Broker. 17. STATEMENT AS TO LIENS, If BUYERS intend to assume or ta~,e sub:ect to a lien on the Real Estate, SELLERS shall furnjsh BUYERS w~lh a wdtlen statement prior to c~osing from lhe holder ol such lien, showing the COrrect balance due, 18. APPR(~y.~L OF COURT. ~f thence of the Real Estate is subject Court approval, the fiduciary shall promptly submit this contract for such approval If this contract is not so approved by the__dayof ,19 ~'~ ~e~therpartymaydecLarethisc~n~ractnu~andv~id`anda~Ipaymentsmadehereundersha~beretumedt~BU~ERS 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply lo and bind the successors and interest of the parlies. 20. CONSTRUCTION. Words and phrases shall be construed as ~n the singular or plural number, and as masculine. feminine or ne~er gender, according to context 21, SURVEY AND SQUARE FOOTAGE REPRESENTATION. The BUYERS may, prior to closing, have Ihe property surveyed al their expense. If they survey, certified by a Registered Land Surveyor, shows any encroachment on sakd property or if any improvements Iotaled on the subjecl property encroach on lands of others, such encroachmerits shalf be freated as a title defecl. Assuming a representation for square footage has been made, BUYERS undersland and agree lhat said representation is Only an approximation of the exact number of square feet the proparty contains. The BUYERS have the righi tO oblain theu own measurement of sq~re lostage 22. AGENCY DISCLOSURE. The Listing and SeJhng Agents/BroKers are agents of the puffins hereto as outlined below, and their fiduciary duties of loyalty and faithfulness are owed to the patty they represent However, they musl treat the other party with honesty and fairness. The SELLER jn th~s transacI~on ~s represented by: Steve Droll Iowa Realty (AgenlBrokerageNames) The BUYER in Ihis transaction ~s represented by: Steve Droll Iowa Realty (AgentlBrokerageNames) If Agent (including Appoinled Agency) an~'or Brokerage [including Consensual Dual Agency) Names are shown as represenling both parties, a detailed exp~analion of representation shall be attached, Further, the BUYER and SELLER acknowledge that prior Io signing this agreement that their respective Lieling or Selling Agent made'a w'riften discbsure of type of represenlal~on being provEied. 23. ~ RESIDENTIAL PROPERTY SELLER DISCLOSURE STATEMENT. The Buyer(s) acknowledge receipt of the Residential Property Seller Disclosure Statement prior to executing this Purchase Agreement, A copy of the Residential Property Seller Dieclosure Statement is attached to the Purchase Agreement. 24. NOTICE. Any riolice required under this Agreement shall be deemed pedected when it is receeved in writing either by personal delivery or upon the date of the poebrig of said notice posted by Certified Mail. Copies of arl such notices shall be also senl to the L=stlng Agenl and Selling Agent as designated in thus Agreement, or Iheir Brokers. =orlheSELLERS: Larry and Margaret Olesen Address: F0rlheBUYERS: , Karen Franklin /Steve Atkins Address: City of Iowa City 25. REPRESENTATIONS. It is unoerstood that no representations made by ihe agent in the negotiation of tn~s sa4e are being relied upon unless incorporaled herein or endorsed in writing. 26. COUNTER PARTS CLAUSE. All parties agree to be bound to this contract even if every party does r~t s~gn on one original, as long as each copy that is signed ~s identical to every other signed copy. 27. OTHER PROVISIONS. 27a.Offer is subject to and contingent upon City of Iowa City-City Council approval on or before June 2, 1999. 28. TIME FOR ACCEPTANCE. If this olfer is nOI accepted by SELLERS on or before ~: O0 O'Clcok],~',I/~/P.M.L on May 2 4 19 9 9 it shall become void and all payments shall be repaid lo the BUYERS. "THIS IS A LEGAL, BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT LEGAL ADVJCE "' SS # BUYER BS# R SS # For ~nlormation only The Seller(s) acknowledge receipt ol the offer (DATE) (TIME) (INITIALS) DEFEATED Prepared by: Chuck Schmadeke, Public Works Director, 410 E. Washington St., Iowa City, IA 52240 (319)356-5141 RESOLUTION NO. RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE IOWA RIVER DAM RENOVATION. WHEREAS, Cramer and Associates, Inc. of Des Moines, Iowa has submitted the lowest responsible bid of $1,890,517 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: That the contract for the construction of the above-named project is hereby awarded to Cramer and Associates, Inc., subject to the condition that awardee secure adequate performance and payment 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 and payment bond, insurance certificates, and contract compliance program statements. Passed and approved this day of ,1999. ATTEST: CITY CLERK MAYOR r d by . City Attorney's Office It was moved by and seconded by adopted, and upon roll call there were: AYES: NAYS: X X X pweng\res\iadvrdam2.doc the Resolution be ABSENT: Champion Kubby Lehman X Norton O'Donnell X Thornberry Vanderhoef City of Iowa City MEMORANDUM Date: May 25, 1999 To: Steve Arkins From: Chuck Schmadeke Re: Iowa River Dam Renovation Project As a result of the high bids received on May 12th for the Iowa River Power Dam Renovation Project, Public Works will be evaluating various alternatives to the currently designed project. The following steps will be taken before proceeding with any rebidding or redesign: 1) Clarify with the City of Coralville the City's intent to construct a pedestrian bridge across the river and to maintain a dam across the river. 2) Perform destructive tests on the existing dam. This work will most likely be undertaken in the fall of 1999. 3) Evaluate alternatives to the construction of a large cofferdam, which is an element of the current project and was bid at $650,000. 4) Evaluate alternatives for the location of the pedestrian trail bridge, which currently exits into the Iowa River Power Company Restaurant parking lot. 5) Discuss with the City of Coralville the advantages, if any, of timing the River Dam construction to coincide with the River Trail Extension in Coralville. It is anticipated that this additional evaluation and any subsequent redesign will result in a delay of the rebid of the Iowa River Dam work for approximately 24 months.