Harbor Comm. Investment DeedCITY OF DUBUQUE, IOWA
MEMORANDUM
February 1, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Harbor Community Trust/Peninsula Gaming Land Donation
I respectfully recommend Mayor and City Council acceptance of the deed for the Harbor
Community Trust/Peninsula Gaming land donation on the 4th Street Peninsula.
The Warranty Deed states:
"GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES
REGARDING THE CONDITION OF THE REAL ESTATE CONVEYED
HEREIN, AND GRANTEE TAKES REAL ESTATE CONVEYED HEREIN
'AS IS - WHERE IS', WITH ALL FAULTS AND DEFECTS, INCLUDING
ENVIRONMENTAL DEFECTS OR CONCERNS, IF ANY.
Miclael C .~V~ Millige~n
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 10, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Land Donation from Harbor Community Investment and Peninsula Gaming
This City has been approached by Peninsula Gaming and Harbor Community Investment with an
offer of a land donation to the America's River Project of approximately 3-1/2 acres. This land
donation would allow the City to create surface parking for the America's River Project that
:Would eliminate the need for some of the underground structured parking that is to be built as
part of the Mississippi River National Education and Conference Center. This reduced the
amount of money needed from the State of Iowa Vision Iowa Grant Program from $65 million to
approximately $58 million.
The City has been advised that the transaction must be completed by February 15, 2001. While
the City has not been able to do any of its own environmental testing on this property, we did
review reports prepared within the last two years. It is the opinion of our environmental attorney
that our use of this property as a surface parking lot would not trigger any clean-up requirements.
For development to occur on the 4t~ Street Peninsula it has been the position of the City that land
acquisition and consolidation is needed. That is made more attractive in this case where the
owners are willing to provide the land as a donation to the America's River Project.
I respectfully recommend that the Mayor and City Council accept this land donation.
McvM/jh
Attachments
cc: Ban'y Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Michael C. Van Milligen
Prepared by Barry A. Lindahi 196 Dubuque Building Dubuque IA 52001 319 583-4113
RESOLUTION NO. 30-0'1
ACCEPTING WARRANTY DEED FOR REAL ESTATE IN
DUBUQUE COUNTY, IOWA FROM HARBOR COMMUNITY
INVESTMENT, L.C.
WHEREAS, Harbor Community Investment, L.C. (IICI), owns the
following described real property in Dubuque County, Iowa (the Property):
Lot 2 in ADAMS COMPANY'S 2~n~ ADDITION in the City of Dubuque, Iowa,
according to the recorded Plat thereof},
And
Lots 1, 2, 37 and 38, in Block 21; and Lots 27, 28, 29, 30, 31, 32, 33, 34, 35, 36,
37 and 38, in Block 26; in Dubuque Harbor Improvement Company's Addition, in
the City of Dubuque, Iowa, according to the recorded Plat thereof.
AND WHEREAS, HCI bas delivered a Warranty Deed to the Property to
the City of Dubuque.
AND WHEREAS, the City Council of the City of Dubuque desires to accept the
Property on behalf of the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, AS FOLLOWS:
The City Council of the City of Dubuque hereby accepts the Warranty Deed to the
Property t~om HCI.
Passed, approved and adopted this 5t~ day of February, 2001.
Attest:. , .~
~,h~.xme F. Schneider, City
2001 10:05AM BARRY A LINDAHL, ESQ
Brown, Winiek, Graves, Gross,
Baskerville and Sehoenebaum, P.L.C.
ATTORNEys AT LAW
6~ CrBAND AVENUF~ SUITE 2000
D~ MO~, IOWA 50309-2510
~HO~: (515)242~00
FAC5~: (~15) 283~2~t
WRITER'S DIRECT DIAL N0-
(515) 2.~-24~.,~
Sanu~y31,2001
C2o~rl~s J. Kro~er
Chrls~oph~r P~ aac. l~,~.t
5e~ P. Moo~
N~ $. Boyd
william I~.
No.2~25 P. 1
*Li~'~a~l in Nebraska only
Walt~r R. lh~wn (1
M_r. Barry Lindahl
Corporation Counsel
CiW of Dubuque
700 Locust Street, Snite 196
Dubuque, IA 52001
Re: Harbor Community Investme~t, L_C.
Dear Barry:
Enclosed please fred thc warranty deed conveying the real estate from Harbor Community
Invesanent, L.C. ("HCr') to the City of Dubuque. I am also ~nclosing the IRS Fo~m 8283 to be
signed by the Mayor. These do~am~mts are delivered to you IN TRUST. You m'~ not authorized
tO release the deed for record/ag until: (I) the Mayor has signed the Form 8283 at the appropriate
place and you have retmned it to me; and (2) you have reserved written confirmation from me
t~at Peninsula Gain/rig, LLC has paid the amount of $14,550.00 to HCI pursuant to the teasns of
the First Amendment. I know that you want to pl~tee this on Monday night's agenda, so I am
faxing a copy oftl~ leaer to Lorraine May ao she ia apprised of the situation.
Please call mc if you have any questions.
cc: Lonxine May
Form 8283 (Rev. 10-98) P,a~e ;}
Name(s) shown on your income tax return ~ Identifying number
Harbor C, ommnny~y Tmz~mmn~: T, ~ I 39-1848459
Section B--Appraisal S,.iii,,.,~iy--List in this section only items (or groups of similar items) for which you claimed a
deduction of more than $5,000 per item or group. Exception. Report contributions of certain publicly
traded securities only in Section A.
If you donated art, you may have to attach the complete appraisal. See the Note in Part I below.
IL%TF~I Information on Donated Property--To be completed by the taxpayer and/or appraiser
4 Check type of property:
[] Art* (con~ibution of $20,000 or more) E~ Real Estate [] Gems/Jewelry [] Stamp Collections
[] Art" (contribution of less than $20,000) [] Coin Collections [] Books [] Other
"Art includes paintings, sculptures, watercolors, pdnts, drawings, ceramics, antique furniture, decorative arts, textiles, carpets, silver, rare
manuscripts, historical memorabilia, and other similar objects.
Note: If your total art con~Tibution deduction was $20,000 or more, you must attach a complete copy of the signed appraisal. See instructions,
5 (a) Description of do.=Luq p~operty (Jr ~u need (b) If tangible property was donated, give a brier summary of the overall
Al Vacan~ ~; T~ ~T~rh~r: n.~,,, ,~, IA '~proved land
(d) Date acquired
by donor (mo., yr.)
A I var
(e) How acquired J [f) Donor's cos~ or
by donor adjusted basis
Plzrc'h~ RP I
(~) For bargain sales, enter
(c) Appraised [air
market value
1'424'501
Taxpa 'er (Donor) Statement--List each item included in Part I above that the appraisal identifies as
having a value of $500 or less. See instructions.
I declare that the following Rem(s) included in Part I above has to the best of my knowledge and belief an appraised value of not more than $500
(per item). Enter identifying letter from Part I and descdbe the specific item. See instructions. ·
Signature of taxpa er (donor) ·
~ ~n~f A__A__A__A__A__A__~raiser
Date ·
I declare that I am not the donor, the donee, a party to the transaction in which the donor acquired the properb], employed by, or related to any
of the foregoing persons, or married to any person who is related to any of the foregoing persons. And, if regularly used by the donor, donee, or
party to the transaction, I performed the majority of my appraisals during my tax year for other persons.
Also, I declare that I hold myself out to the public as an appraiser or perform appraisals on a regular basis; and that because of my qualifications
as deecdbed in the appraisal, I am qualif~=d to make appraisals of the type of property being valued. I certify that the appraisal fees were not based
on a percentage of the appraised property value. Furthermore, I understand that a false or fraudulant overstatemer~ of the properly value as
descdbed in the qualified appraisal or this appraisal summary may subject me to the penalty under section 6701(a) (aiding and abe~ng the
understatement of tax liability). I affirm that I have not been barred from presenting evidence or testimony by the Director of Practice.
Sign Kane Appraisal & Real Estate Services, Inc.
Here Signature · Title · Date of appraisal · l / 1 9/0 1
Business address (including room or suite no.)
14742 Highway 20 West, Suite 8
IIdentifying numbe~
CRy or town, state, and ZIP code
Dubuque; Iowa 52003
~ 'Donee Acknowle_l_~9_ment_To be CO~he charitable of~_anization.
City of Dubuoue. Iowa
50 West 13th Street
/
This charitable organization acknowledges that it is a qualified organization under section 170(c) and that it received the donated
property as described in Section B, Part I, above on ~'
(Date)
Furthermore, this organization affirms that in the event it sells, exchanges, or otherwise disposes of the properbj described in Section
B, Part I (or any portion thereo0 within 2 years after the date of receipt, it will tile Form 8282, Donee Information Return, with the
IRS and give the donor a copy of that form. This acknowledgment does not represent agreement with the claimed fair market value.
Does the organization intend to use the property for an unrelated use?
. ,- [] Yss .o
42-6~](]ASqRW
Dubuqn~,~ IA 5200]
Dam
//
Feb. 1. 2001 10:06AM BARRY A L[NDAHL, ESC~ No.2425 P. 3
Send tax statements to: City of Dubuque. City Hell, 50 W. 13~" ~t., Dubuque, IA 52001
Robert D. Andeweg ISB.~ # 9149 SPACE ABOVE THIS LINE
FOR RECORDER
WA~P. ANTY DEED
For the esnsidemfien of one DolIe~(S) and other valuable C. snsideration, Harbor Communit'J
Inv~e~, L.C., an I~ I~ li~il[~ ~y, d~ her~ ~n~y to ~ C~ ¢ Dubuque. ta~ the
~l~ng des~i~d real es in Dubuque ~, I~, t~
Lot 2 In ~AM8 ~Mp~S ~ND ADDITION in the Ci~ ¢ Du~que, Iowa, a~ding ~
the m~ Plat themo~
And
LetS 1, 2, 37 sna 38, in Block 21; en~l LotS 27, 28, 29, 30, 3'1, 32, 33, 34, 35, 36, 37 and
38, in Block 26; in Dubuque Harbor Improvement Csmp'4n~,'s Addition, in the City of
Dubuque, Iowa, according to the reoorded Pla[ thereof.
SUBJECT TO EASEMENTS, RESTRICTIONS, COVENANTS AND ORDINANCES OF RECORD.
SUBJECT TO SECOND INSTALLMENT OF t999-2000 REAL EBb-ATE TAXES AND TAXES FOR ALL
SUBSEQUENT YEARS.
GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDiTiON OF
THE REAL ESTATE CONVEYED HEREIN. AND GRANfEE TAKES REAL ESTATE CONVEYED
HEREIN 'AS iS - WHERE IS~, WITH ALL FAULTS AND DEFECTS, INCLUDING ENVIRONMENTAL
DEFECT8 OR CONCERNS, IF ANY.
NO GROUNDWATER HAZARD STATEMENT OR DECLARATION OF VALUE REQUIRED.
EXEMPTION NO. ~ED TO A GOVERNMENTAL ENTITY WITHOUT ACTUAL CONSIDERATION
T~e Grantor hereby ~ovenarrls with grantees, end successors in interest, t~at it hctds ~ real e,~tate
by title in f~e simpte; that it h~ good and lawful authority to sell and cor~vey the re~l estate; ~'tat the resJ
est~.ta is free and dear of alt lie'~'r~ end encumbrances, excepf; as may be above sta~ed; and it covenantS to
Warrant and Defend the real estate aga[f~t l~e lawful c~aims of all pars(~s, ex~ept as may be above Cared.
Wards ~ phrases herein, in~lud~g ac~no'Med~mer~ hereof, shell be cons~Jed as In the singular
or plural number, ac~rci~g to the context.
CO UN ['P¢ OF ~)
HARBOR COMMUNFrY INVEC~CI'MENT. L,C.,
Donald Ivarson, M&ueger
Triis Instrument was acknowledged before me on ~ --. _""~ ("~ ,2001, by Donald Ivarson, es
My mmmis~ion ~ir~;~
Brown, Winick, Graves, Gross,
Baskerville and Schoenebaum, P.L.C.
666 GRAND AVENUE, SUITE 2000
DES MOINES, IOWA 50309-2510
TELEPHONE: (515) 242-2400
FACSIMILE: (515) 283-0231
Office in:
Pella, Iowa
WRITER'S DIRECT DIAL NO.
(515) 242-2438
W~dTER'S INTEKNET ADDRESS
andeweg~ialawyers.com
ATTORNEYS AT LAW
Marvin Winick
Richard W. Baskerv/Ile
Bruce C~aves
Steven C. Schoenebaum
Harold N. Sclmeebeck
Paul D. Hietbrink
William C. Brown
Richard K. Updegraff
Jill Thompson Hansen
Paul E. Carey
Douglas E. Gross
John D. Hunter
James H. Gill/am
Robert D. Andeweg
Alice Eastman Helle
Michael P~ Blaser
Thomas D. Johnson
January 31, 2001
Charles J. Krogmeier
Christopher R. Sackett
Sean P. Moore
Smart I. Feldstein
Nancy S. Boyd
James L. Pray
Brenton D. Soderstmm
Fred L. Morris
Michael D. Treinen
Ronni F. Begle/ter
Miranda L Hughes
Duane P. Hager~
James A. Napier*
Deborah L Schmudlach
William E. ltanigan
Scan P. Conboy
Danielle K. Dixon
Christine B. Long
Mary A. Ericson
Brian p. Rickert
Anna N. Evans
Jeffrey L Himrich
Valeri¢ D. Bandstra
Alexander M. Johnson
Miriam S. Sawtelle
Patents and Trademarks
James A. Napier*
*Licensed in Nebraska only
Walter R. Brown (1921-2000)
Mr. Barry Lindahl
Corporation Counsel
City of Dubuque
700 Locust Street, Suite 196
Dubuque, IA 52001
Re: Harbor Community Investment, L.C.
Dear Barry:
Enclosed please fmd the warranty deed conveying the real estate from Harbor Community
Investment, L.C. ("HCI") to the City of Dubuque. I am also enclosing the IRS Form 8283 to be
signed by the Mayor. These documents are delivered to you 1N TRUST. You are not authorized
to release the deed for record/ng until: (I) the Mayor has signed the Form 8283 at the appropriate
place and you have returned it to me; and (2) you have received written confmuafion from me
that Peninsula Gaming, LLC has paid the amount of $14,550.00 to HCI pursuant to the terms of
the First Amendment. I know that you want to place this on Monday night's agenda, so I am
faxing a copy of this letter to Lorraine May so she is apprised of the situation.
Please call me if you have any questions.
cc: Lorraine May
Preparer
Information
Robed D. Andeweg~ 666 Grand Ave Suite 2000. Des Moines. IA 50309: (515./242-2400
Individual's Name Street Address City Phone
Send tax statements to: City of Dubuque, City Hall, 50 W. 13th St., Dubuque, IA 52001
Robert D. Andeweg ISBA Cf 9149 SPACE ABOVE THIS LINE
FOR RECORDER
WARRANTY DEED
For the consideration of one Dollar(s) and other valuable consideration, Harbor Community
Investment, L.C., an Iowa limited liability company, does hereby Convey to the City of Dubuque, Iowa, the
following described real estate in Dubuque County, Iowa, to-wit:
Lot 2 in ADAMS COMPANY'S 2ND ADDITION in the City of Dubuque, Iowa, according to
the recorded Plat thereof;
And
Lots 1,2, 37 and 38, in Block 21; and Lots 27, 28,29, 30, 31,32, 33, 34, 35, 36, 37 and
38, in Block 26; in Dubuque Harbor Improvement Company's Addition, in the City of
Dubuque, Iowa, according to the recorded Plat thereof.
SUBJECT TO EASEMENTS, RESTRICTIONS, COVENANTS AND ORDINANCES OF RECORD.
SUBJECT TO SECOND INSTALLMENT OF 1999-2000 REAL ESTATE TAXES AND TAXES FOR ALL
SUBSEQUENT YEARS.
GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE CONDI'riON OF
THE REAL ESTATE CONVEYED HEREIN, AND GRANTEE TAKES REAL ESTATE CONVEYED
HEREIN "AS IS - WHERE IS", WITH ALL FAULTS AND DEFECTS, INCLUDING ENVIRONMENTAL
DEFECTS OR CONCERNS, IF ANY.
NO GROUNDWATER HAZARD STATEMENT OR DECLARATION OF VALUE REQUIRED.
EXEMPTION NO. 6--DEED TO A GOVERNMENTAL ENTITY WITHOUT ACTUAL CONSIDERATION
The Grantor hereby covenants with grantees, and successors in interest, that it holds the real estate
by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real
estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to
Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular
or plural number, according to the context.
Dated:
STATE OF ~_J..~J ~ .1
cou - ;oF )
HARBOR COMMUNITY INVESTMENT, L.C.,
an Io~a____~Li~bil~Z'G. ompany
uonala iverson, ivlatqager
This instrument was acknowledged before me on J -- ._'~ (~ ,2001, .by Donald Iverson. as
Manager of Harbor Community Investment, L.C., an Iowa timitad liability company;,
;;. %>: ~* ~¢~%. c.,¢ .= Notaw Public
' -,._; -' '; ~' ',~ in,and for said State
My commission &pi~: Nb~.q8,
' I