Sale of Property - Weaver Castle, LLC / 396 W. Locust Street Copyright 2014
City of Dubuque Public Hearings # 3.
ITEM TITLE: Sale of Property - Weaver Castle, LLC / 396 W. Locust Street
SUMMARY: Proof of publication on the sale of 396 W. Locust Street to Weaver Castle
LLC and the City Manager recommending approval.
RESOLUTION Disposing Of City Interest in Real Property Located At 396
W. Locust Street, In The City Of Dubuque, Iowa
RESOLUTION Attaching Single Family Residence Restrictive Covenant,
Whether Owner Occupied or Single Family Rental, To 396 W. Locust
Street, Dubuque, IA
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s)
ATTACHMENTS:
Description Type
❑ 396 W. Locust Sale-MVM Memo City Manager Memo
❑ Memo Staff Memo
❑ Resolution Resolutions
❑ Restrictive Covenant Supporting Documentation
❑ Resolution Restrictive Covenant Resolutions
❑ Purchase Agreement Supporting Documentation
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sale of City-Owned Property at 396 West Locust Street
DATE: August 10, 2015
Housing & Community Development Department Director Alvin Nash recommends the
City Council approve the sale of 396 W. Locust Street to Weaver Castle LLC for
$37,180.
Weaver Castle will rehabilitate the property in accordance with State Historic Tax Credit
program guidelines and specifications. As an incentive, the City would offer a $20,000
10-year forgivable loan, provided Weaver Castle signs a Restrictive Covenant
Agreement that states the property must remain a single family home, either owner-
occupied or rental for 21 years. The City normally requires the property be owner-
occupied and not rental; however, based on the significant investment of the developer
in this neighborhood rehabbing troubled properties into attractive historic rentals, an
exception in this case seems to be warranted.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Alvin Nash, Housing & Community Development Department Director
THE CITY OF Dubuque
DUB 1114mericaCi y
1111.
Masterpiece on the Mississippi 2007.2012.2013
TO: Michael Van Milligen, City Manager
FROM: Alvin Nash, Housing & Community Development
SUBJECT: Sale of City-owned property at 396 West Locust Street
DATE: August 6, 2015
Introduction
The purpose of this memorandum is to request approval of the attached resolution and
Special Warranty Deed for the sale of City owned property at 396 West Locust Street.
Discussion
On August 3, 2015, the City Council, passed Resolution No. 265-15, declaring its intent
to dispose of City-owned property at 396 West Locust. This home was acquired by the
Housing Department using the new CIP C.H.A.N.G.E. Program with the intentions to
renovate the property.
As staff worked to put together preliminary costs, it was apparent that the total
investment would total approximately $222,289 and sell for no more than $130,000.
A locally-known developer, Weaver Castle LLC, approached the Housing Department
with interest in this property. This developer has great experience in rehabilitating
historic properties. The Developer would pay the City the cost the City paid for
acquisition of $37,180. As an incentive to rehabilitate the property in accordance with
State Historic Tax Credit program guidelines and specifications, staff would like to
offer a $20,000 10-year forgivable loan, providing the Developer agrees to sign the
Restrictive Covenant Agreement that will state "The property must remain a single
family home, either owner- occupied or rental for 21-years", which means it cannot be
converted into a multi-family unit. Based on the significant investment of this
developer in this neighborhood in rehabbing troubled properties into attractive,
historic rentals, I believe this exception is warranted.
By disposing of this property to Weaver Castle LLC, the City investment would only
be $57,180 rather than $222,289, yet still contributing to the housing stock of
Dubuque and putting a property back on the tax roll. This property has been vacant
for several years.
Weaver Castle LLC owns other historic properties in this neighbor, such as: 407/409
Loras, 324 W. Locust, 346 W. Locust, 1576 Locust, and 75 W. 17th Street. These
properties have combined assessed values of$339,070.00. Upon completion of the
renovations of these properties, it is estimated that the value of the properties will be
approximately $571107000.00.
Action Step
I request that the City Council passes, approves, and adopts the attached resolution
approving purchase agreement and deed for the sale of 396 West Locust Street
RESOLUTION NO. 285-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT, WHETHER
OWNER OCCUPIED OR SINGLE FAMILY RENTAL, TO 396 W. LOCUST STREET,
DUBUQUE, IA
Whereas, The City desires to attach restrictive covenants to 396 W. Locust Street
prior to disposal of said property,
Whereas, said property will be disposed of by the City and the City desires said
property to remain a single family residence either owner -occupied or rental for 21 -
years,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the restrictive covenants
for 396 W. Locust Street, legally described as:
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of
Out Lots 667, 668 and 669 to Dubuque, in the City of Dubuque, Iowa,
according to the recorded Plat thereof.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the
Restrictive Covenant for the above described real estate.
Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy
of this Resolution to the City Attorney's Office for recording in the Office of the Dubuque
County Recorder.
Passed, approved and adopted this 17th day of August, 2015.
Attest:
Kevin irnstahl, City Clerk
9L1
,Roy D. Buol, Mayor
llIl IIIIIIIII IIIVWIIIIIIIII NIVIII
11
Doc ID 008300960004 Type GEN
Kind: RESTRICTIVE COVENANTS
Recorded: 08/20/2015 at 03:01:31 PM
Fee Amt: $22.00 Pape 1 of 4
Dubuque County Iowa
John Murphy Recorder
File2015-00010798
Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381
Return to Kevin Firnstahl, 50 W. 13th Street, Dubuque, IA 52001, 563-589-4121
RESTRICTIVE COVENANTS FOR RESIDENTIAL REAL ESTATE
KNOW ALL PERSONS BY THERE PRESENT that the City of Dubuque, Iowa
(City), the owner of the following premises situated in the City of Dubuque, Iowa:
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of
Out Lots 667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa,
according to the recorded plat thereof,
(Real Estate) does hereby establish and place the following restrictive covenants on the
Real Estate:
1. The Real Estate shall be known and described as residential Real Estate, and
must remain a single family residence, either owner -occupied or rental, for twenty-one
(21) years.
2. The City has the right to enforce, by any proceedings in law or in equity, all
restrictions, conditions and covenants now or hereafter imposed by the provisions of
these restrictive covenants.
3. These covenants shall be filed for record in the office of the Dubuque County
Recorder and all covenants, agreements, promises and representations herein stated
shall be deemed to be covenants running with the Real Estate and shall endure and be
binding on the parties hereto, their mortgagees, lienholders, successors and assigns,
for a period of twenty-one (21) years from the date of the recording of these covenants.
The City has the right to renew these covenants for successive twenty-one (21) year
periods.
4. Invalidation of any of these covenants by judgment or court order shall in no way
affect any of the other provisions, which shall remain in full force and effect.
5. The waiver of any violation or failure to enforce any such restrictions, easements,
and covenants shall not in any event operate as a waiver, impairment or abrogation of
same, or the right to enforce the same in the event of any future or other breach of the
same of any other restriction, easement, rule or covenant, by the same or any other
person.
6. These restrictions, easements, rules and covenants shall be construed under
and in accordance with the laws of the State of Iowa.
The foregoing provisions encumber the Real Estate described as:
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of
Out Lots 667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa,
according to the recorded plat thereof,
Executed by the respective signatories effective the date first above written.
CITY OF DUB • UE, IOWA
B
Roy D,: uol, Mayor
ATTEST:
A.
//
Kev n . Firnstahl, Cit ""Clerk
On this 71ay of r 2015, before me, a Notary Public in and for said state,
personal y appeared oy D. Buol and Kevin S. Firnstahl known to me to be the
person(s) named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed.
PAMELA J. P &CARBON
Commission Nu ,ber 772419
My Comm. Exp. —
2
Notary Public in State of Iowa
My Commission expires i'5i
RESOLUTION NO. 285-15
ATTACHING SINGLE FAMILY RESIDENCE RESTRICTIVE COVENANT, WHETHER
OWNER OCCUPIED OR SINGLE FAMILY RENTAL, TO 396 W. LOCUST STREET,
DUBUQUE, IA
Whereas, The City desires to attach restrictive covenants to 396 W. Locust Street
prior to disposal of said property,
Whereas, said property will be disposed of by the City and the City desires said
property to remain a single family residence either owner -occupied or rental for 21 -
years,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City Council of the City of Dubuque approves the restrictive covenants
for 396 W. Locust Street, legally described as:
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of
Out Lots 667, 668 and 669 to Dubuque, in the City of Dubuque, Iowa,
according to the recorded Plat thereof.
Section 2. The Mayor is hereby authorized and directed to sign this Resolution and the
Restrictive Covenant for the above described real estate.
Section 3. The City is Clerk is hereby authorized and directed to provide a certified copy
of this Resolution to the City Attorney's Office for recording in the Office of the Dubuque
County Recorder.
Passed, approved and adopted this 17th day of August, 2015.
'Roy D. Buol, Mayor
Attest:
Kevin l irnstahl, City C erk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk
of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in
my possession or have access to the records of the proceedings of the City Council. I
do further state that the hereto attached Resolution No. 285-15 is a true and correct
copy of the original.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa, on this 18th day of August, 2015.
Kevin - irnstahl, CMC, City Clerk
Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
RESOLUTION NO. 286-15
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 396 W.
LOCUST STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No.265-15, dated August 3, 2015,
declared its intent to dispose of City interest in real property located at 396 W. Locust
Street, legally described as:
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of
part of Out Lots 667, 668 and 669 to Dubuque, in the City of
Dubuque, Iowa, according to the recorded Plat thereof.
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the
proposed disposition on August 17, 2015 at 6:30 p.m. in the Historic Federal Building,
350 W. 6th Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the purchase
agreement for the sale to Weaver Castle, LLC according to the terms and conditions set
out in the purchase agreement is in the public interest of the City of Dubuque.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA;
Section 1. The purchase agreement by and between the City of Dubuque and
Weaver Castle, LLC for the sale of the Property, a copy attached hereto, is hereby
approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute and deliver a Special Warranty Deed, conveying the City's interest in the
Property to Weaver Castle, LLC.
Section 3. That the City Clerk is hereby authorized and directed to cause said
Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder,
together with a certified copy of the Resolution.
Passed, approved, and adopted this 17th day of August, 2
Attest:
Kevi S. Firnstahl, City C erk
Roy D. oI, Mayor
Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Tax Statement to:
Weaver Castle
7693 Pigeon River Road
Lancaster, WI 53813
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a
municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee
named below, and other good and valuable consideration, and pursuant to the authority
of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto
Weaver Castle, LLC, an Iowa limited liability corporation, the following legally described
real estate situated in the County of Dubuque, State of Iowa, to wit (the Property):
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of
Out Lots 667, 668 and 669 to Dubuque, in the City of Dubuque, Iowa,
according to the recorded Plat thereof.
This Deed is exempt from transfer tax pursuant to Iowa Code Section
428A.2(6).
This Deed is given pursuant to the authority of Resolution No. 286-15 of the City
Council of the City of Dubuque adopted the 17th day of August, 2015, the terms and
conditions thereof, if any, having been fulfilled.
Grantor hereby covenants to warrant and defend the said premises against the
lawful claims of all persons whomsoever claiming by, through and under it.
Dated this/ day of zr, 2015 at Dubuque, Iowa.
CITY OF DUBUQUE IOWA
By:
Roy/Li. Buol, Mayor
Attest:
By:
Kevi S. Firnstahl, Cit Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
64-
On this i day of , 2015, before me a Notary Public in and
for said County, personally appe-red Roy D. Buol and Kevin S. Firnstahl to me
personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and
existing under the laws of the State of Iowa, and that the seal affixed to the foregoing
instrument is the seal of said Municipal Corporation, and that said instrument was
signed and sealed on behalf of said Municipal Corporation by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said Municipal Corporation by it voluntarily executed.
Notary Public in and f
mare___"/
Dubuque County, Iowa
PAMELA J. McCARRON
Commission Num er 772419
My Comm. Exp, 5 -20
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: City of Dubuque, a municipal corporation (Seller)
SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers
to buy and the undersigned SELLER by his acceptance agrees to sell the real estate
(Real Estate) situated in Dubuque, Iowa, locally known as 396 W. Locust Street,
Dubuque, IA 52001 and legally described as:
Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of
Out Lots 667, 668 and 669 to Dubuque, in the City of Dubuque, Iowa,
according to the recorded Plat thereof.
legal description to be confirmed per continued abstract per Section 10, together with
any easements and appurtenant servient estates, but subject to the following:
a. any easements of record for public utilities or roads,
b. any zoning restrictions and other ordinances, and
c. any covenants of record.
SECTION 2. PURCHASE PRICE. The purchase price shall be $37,180.00, payable in
cash at the Closing.
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes
payable for fiscal year 2014-2015 and prior years. Seller shall also pay real estate
taxes for fiscal year 2015-2016 prorated through the date of closing. Buyer shall pay all
subsequent real estate taxes due and payable after the date of closing.
SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments
which are a lien on the Real Estate as of the date of acceptance of this offer. All other
special assessments shall be paid by Buyer.
SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or
damage to the Real Estate prior to closing or possession, whichever first occurs. Seller
agrees to maintain existing insurance and Buyer may purchase additional insurance. In
the event of substantial damage or destruction prior to closing, this Agreement shall be
null and void; provided, however, Buyer shall have the option to complete the closing
and receive insurance proceeds regardless of the extent of damages. The property
shall be deemed substantially damaged or destroyed if it cannot be restored to its
present condition on or before the closing date.
SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its
present condition and delivered intact at the time of possession is delivered to Buyer,
provided, however, if there is loss or destruction of all or any part of the Real Estate
from causes covered by the insurance maintained by Seller, Buyer agrees to accept
such damaged or destroyed Real Estate together with such insurance proceeds in lieu
1
of the Real Estate in its present condition and Seller shall not be required to repair or
replace same.
SECTION 7. POSSESSION AND CLOSING.
7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be
delivered to Buyer on or before October 15, 2015, or such earlier date as the parties
may agree in writing, with any adjustments of rent, insurance, and interest to be made
as of the date of transfer of possession.
7.2 Closing shall occur after the approval of title by Buyer and vacation of the Real
Estate by Seller, but prior to possession by Buyer. Seller agrees to permit Buyer to
inspect the Real Estate within 72 hours prior to closing to assure that the premises are
in the condition required by this Agreement. If possession is given on a day other than
closing, the parties shall make a separate agreement with adjustments as of the date of
possession.
7.3 This transaction shall be considered closed upon the delivery of the title transfer
documents to Buyer and receipt of all funds then due at closing from Buyer under the
Agreement.
SECTION 8. USE OF PURCHASE PRICE. At time of settlement, funds of the
Purchase Price may be used to pay taxes and other liens and to acquire outstanding
interests, if any, of others.
SECTION 9. FIXTURES. Included with the Real Estate shall be all fixtures that
integrally belong to, are specifically adapted to or are a part of the real estate, whether
attached or detached. Also included shall be the following: N/A. The following items
shall not be included: N/A
SECTION 10. ABSTRACT AND TITLE. Seller, at his expense, shall promptly obtain an
abstract of title to the Real Estate and deliver it to Buyer's attorney for examination. It
shall show marketable title in Seller in conformity with this Agreement, Iowa law, and
title standards of the Iowa State Bar Association. Seller shall make every reasonable
effort to promptly perfect title. If closing is delayed due to Seller's inability to provide
marketable title, this Agreement shall continue in force and effect until either party
rescinds the Agreement after giving ten days written notice to the other party. The
abstract shall become the property of Buyer when the Purchase Price is paid in full.
Seller shall pay the costs of any additional abstracting and title work due to any act or
omission of Seller, including transfers by or the death of Seller or Seller's assignees.
Unless stricken, the abstract shall be obtained from an abstracter qualified by the
Guaranty Division of the Iowa Housing Finance Authority.
SECTION 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Real
Estate to Buyer by Special Warranty Deed, free and clear of all liens, restrictions, and
encumbrances, except as provided in this Agreement. General warranties of the title
shall extend to the time of delivery of the deed excepting liens and encumbrances
2
suffered or permitted by BUYER.
SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract
shall apply to and bind the successors in interest of the parties. This Agreement shall
survive the closing.
SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND
REVIEW. NONE, property deeded herein is taken in "as is" condition with no
guarantees or warranties express or implied.
SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the
date of closing be free and clear of all liens, security interests, and encumbrances;
SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no
party has a lease to or other occupancy or contract right in the Real Estate which shall
in anyway be binding upon the Real Estate. Seller shall hold harmless and indemnify
the Buyer for and against any claims, which may arise or be based upon any alleged
leasehold interest, tenancy, or other right of occupancy or use for any portion for the
Real Estate. This covenant shall survive the Closing.
SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the
service of a real estate agent or broker in connection with this transaction.
SECTION 17. CERTIFICATION. Buyer and Seller each certify that they are not acting,
directly or indirectly, for or on behalf of any person, group, entity or nation named by any
Executive Order or the United States Treasury Department as a terrorist, "Specially
Designated National and Blocked Person" or any other banned or blocked person,
entity, nation or transaction pursuant to any law, order, rule or regulation that is
enforced or administered by the Office of Foreign Assets Control; and are not engaged
in this transaction, directly or indirectly on behalf of, any such person, group, entity or
nation. Each party hereby agrees to defend, indemnify and hold harmless the other
party from and against any and all claims, damages, losses, risks, liabilities and
expenses (including attorney's fees and costs) arising from or related to my breach of
the foregoing certification.
SECTION 18. REMEDIES OF THE PARTIES.
18.1 If Buyer fails to timely perform this Contract, Seller may forfeit it as provided in the
Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty (30)
days written notice of intention to accelerate the payment of the entire balance because of
such failure (during which thirty (30) days such failure is not corrected) Seller may declare
the entire balance immediately due and payable. Thereafter this Contract may be
foreclosed in equity and the Court may appoint a receiver.
18.2 If Seller fails to timely perform this Contract, Buyer has the right to have all payments
made returned to it.
3
18.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at
law or in equity available to them and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be
a waiver of such rights or a waiver of any existing or subsequent default.
SECTION 20. NOTICE. Any notice under this Agreement shall be in writing and be
deemed served when it is delivered by personal delivery or mailed by certified mail,
addressed to the parties at the addresses given below.
Weaver Castle, LLC
7693 Pigeon River Rd
Lancaster, WI 53813
City of Dubuque
Attn: Alvin Nash
50 W. 13th Street
Dubuque, IA 52001
SECTION 21. TIME IS OF THE ESSENCE. In the performance of each part of this
Agreement, time shall be of the essence.
SECTION 22. TIME FOR ACCEPTANCE. When accepted, this Agreement shall
become a binding contract. If this offer is not accepted and delivered to BUYER on or
before 5:00 p.m. on August 6, 2015, this Agreement shall be null and void and all
payments shall be returned immediately to the Buyer.
SECTION 23. ENTIRE AGREEMENT. This Agreement contains the entire agreement
of the parties and shall not be amended except by a written instrument duly signed by
Seller and Buyer.
SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph
headings are for convenience of reference and shall not limit or affect the meaning of
this Agreement. Words and phrases herein shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender according to the context.
SECTION 25. OTHER PROVISIONS.
25.1 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation
and Purchase of Property at the time of closing.
25.2 This Agreement is subject to the final approval of the City Council of the City of
Dubuque, Iowa in its sole discretion. If the City Council of the City of Dubuque, Iowa
does not approve this Offer, it shall become automatically void and neither party shall
4
be bound by the terms and conditions set forth herein.
25.3 The Real Estate will have a restrictive covenant filed indicating the property must
remain a single family.home, either owner -occupied or rental, for twenty-one (21) years.
25.4 Rehabilitation of the Real Estate must be in accordance with State Historic Tax
Credit Program guidelines and specifications.
Accepted : August , 2015
SELLER
CITY OF DUBUQUE
EIN 42-6004596
By: Ioy IBuoI, Mayor
50 W. 13 Street
Dubuque IA 52001
Dated: August 1, 2015
BUYER
WEAVER CASTLE, LLC
EIN:
By:
7693 Pigeon River Rd
Lancaster, WI 53813
5
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher
of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County
of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper
on the following dates: August 7, 2015, and for which the charge is $55.68.
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this j/e).-41 day of , 20 /.5-- .
/Notary Public in and for Dubuque County, Iowa.
MARY K. WESTERMEYER
Commission Number 154885
My Comm. Exp, FEB, 1, 2017
CITY OF DUBUQUE,Whereas, such reha : i
IOWALNOTICE bilitation will be com-
PUBLLIC I
QFFIC NOOTICETICEis, pleted in accordance
,
hereby 'given' that the with State Historic Tax
City Council, of the City Credit Program guide -
of Dubuqie,Iowa, will lines and specifics -
hold a public hearing tions; and
on the 17th day of Whereas, the City of
August, 2015, at 6:301 Dubuque has received
P.m. in the Historic, an offer to purchase
Federal Building, 3501 this certain ` real
West , 6th Street, property from Weaver !,
(second floor); Dubu-' Castle LLC; and
que, Iowa, of which Whereas, by ac- i
meeting the City i cepting this offer to
Council proposes to purchase, the City of ,I
dispose of an interest i Dubuque's objectives
in the following des- of increased tax base
cribed real • property i ofsingle family pro- ;1
sale to ,Weaver Castle, -`perties and rehabilita-
LLC: tion of vacant homes 1
Lot 1 of the i are further realized, I
Subdivisionrof Lot 15 in Whereas,. Weaver I
D.N. Cooley's, Subdivi- i -Castle LLC has agreed
sion of part of Out Lots I to sign the Restrictive
667, 668, and 669 to I Covenant Agreement
Dubuque, in the City of "1 that states the
Dubuque, Iowa, accord- property must remain
ing to""the recorded" plat" a single family home,
thereof, together with I either owner -occupied
and subject to all or rental for 21 years.
easements and agree- NOW, THEREFORE,
ments of record (396 BE IT RESOLVED BY
W. Locust St.). , Pro' THE CITY COUNCIL
Petty deeded herein is OF THE CITY OF
taken in "as is con- DUBUQUE, IOWA:
dition with no guaran- Section 1. That the
tees,or 'r;,warranties City of. Dubuque, Iowa,
expressed or implied �" ntends to dispose of
as to habitability or ,`ts interest in the
Merchantability. following legally des -
At the meeting,the cribed property:
City Council will Lot 1 of the Sub -
receive oral and writ- division of Lot 15 in
ten comments from D.N.Cooley'sSubdivi
any resident or pro- Sion of part of Qut
perty. owner of said . Lots 667, 668, and 669;'1
City to 'the above to Dubuque, in thee,
action. Written com- City of Dubuque, 1,
ments regarding the Iowa, according to
above public hearing the recorded plat
may be submitted 'to thereof, together
I the City Clerk's Office, with - and subject to
City Hall, -50" W. 13th all easements and
Street, on or before" agreements of re -
said." time of public cord- (396 W. Locust
Nearing. St.).; Property; deeded
Copies of supporting herein is taken". in "as 1
documents for 'the is.' conditiort, with no 'I
public hearings are on guarantees or war
.file in the City,<Cherk's rarities expressed or "I
Office, and may." be implied. as to
viewed ,during ,normal habitability or oiler
-
1 working hours. chantability.
Any visual or hearing Section 2. That the.
impaired persons need -City of Dubuque, Iowa,'
' ing special assistance proposes to dispose of
or persons with special its interest in the,
accessibility needs PProplerL C.tor to Weaver
should contact the 'City • Cf . e LLC for " plus,
Clerk's Office at (563)
589 -4100` -or TTY '(563) providing them with a
690-6678 prior to the $20;000 10 year
meeting. forgivable loan.
1 : Dated this 7th day ofSection 3. That;the
August, "2015. City Clerk"is hereby
Kevin S. Firnstahl, authorized and direct
CMC City Clerk ed to cause this
Resolution and a notice
, � to be published as i
RESOLUTION
prescribed by Iowa
NO; 265-15Section
INTENT. TO DISPOSE"' Code Se hearing64.7 of a
public on the
OF AN • INTEREST' IN 1 City's intent to dispose
CITY OF DUBUQUE of the Property to be`,
REAL ESTATE, SET- held on the 17th day of
TING A TIME ANDAugust, 2015, • at " 6:30
PLACE 'FOR HEARING o'clock " p.m at the;
AND PROVIDING FOR 1 Historical Federal build -;1
THE PUBLICATION OF Ing, 350 , West 6th
NOTICE THEREOF I Street, Dubuque, Iowa.
Whereas, the City of passed, "'approved, ".
I Dubuque' has obtained and adopted this 3rd
certain real property in ,I day of August, 2015.
connection with " the' Roy D. Buol, Mayor
C.H.A.N.G.E. Program;Attest:,Kevin-S.
and 1 Firnstahl, City Clerk
1t`8/7