Purchase of 655 Gillespie Street_Gary AndersonTO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Purchase of Gary Anderson Property
655 Gillespie for 32nd Street Detention Basin Project
DATE: January 16, 2008
City Attorney Barry Lindahl advises that Mr. Gary Anderson has accepted the City's
offer to~urchase his property at 655 Gillespie Street for $155,000 for the expansion of
the 32" Street Detention Basin.
I respectfully request Mayor and City Council approval of the property acquisition.
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Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
THE CITY OF 1
DUB~U UE MEMORANDUM
Masterpiece on the
BARRY LIND HL
CITY ATTOR~EY
To: Michael C. Van Milligen
City Manager
DATE: January 10, 2008
RE: Purchase of Gary Anderson Property (655 Gillespie for 32nd Street
Detention Basin Project)
Mr. Anderson has accepted the City's offer to purchase his property at 655 Gillespie for
$155,000. The original Offer to Buy Real Estate and Acceptance signed by Mr.
Anderson is enclosed.
The purchase price is $155,000 payable as follows: $150,000 cash at closing and the
balance upon surrender of possession. The City agrees to allow the Anderson family to
remain in the home for 90 days after closing without rent. The Seller agrees to deliver
possession not later than 90 days after closing or the balance of the purchase price of
$5,000 is deemed forfeited.
I would request that the Offer to Buy Real Estate and Acceptance be submitted to the
City Council at the January 22, 2008 meeting for its consideration.
BAL:tIs
Enclosure
cc: David Harris, Housing & Community Development Director
Deron Muehring, Civil Engineer II
F:\USERS\tsteckle\LindahlWnderson Gary\MVMMemo_AcceptOfferToBuy_011008.doc
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Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Gary A. Anderson (Seller):
1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to
buy real estate in Dubuque County, Iowa, described as follows:
Lot 2 of Lot 1 of Lot 8 in Gillespie's Subdivision of Mineral Lot 361 in
the City of Dubuque, Iowa, according to the recorded plat thereof
(the Real Estate) together with any easements and appurtenant servient estates, but
subject to the following: a. any zoning and other ordinances; b. any covenants of record;
c. any easements of record for public utilities, roads and highways designated the Real
Estate.
2. PRICE. The purchase price shall be $ 155,000.00, payable at the Office of the
City Attorney, 300 Main Street, Suite 330, Dubuque, Iowa, as follows: $ 150,000 cash at
closing; balance upon vacation of premises and surrender of possession. Closing:
February 1, 2008.
3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable
in prior years. Taxes for the current fiscal year shall be prorated to the date of possession.
4. SPECIAL ASSESSMENTS. Risk of loss from all causes except fault of the
Buyer shall remain upon Sellers until transfer of title or possession, whichever first occurs.
Sellers shall keep improvements on the premises to their full insurable value with respect
to at least those hazards covered by the usual fire and extended coverage insurance.
5. RISK OF LOSS AND INSURANCE: Not applicable.
6. CARE AND MAINTENANCE. Not applicable.
7. POSSESSION. If Buyer timely performs all obligations, possession of the Real
Estate shall be delivered to Buyer on May 1, 2008 with any adjustments of rent,
insurance, and interest to be made as of the date of transfer of possession.
8. FIXTURES. Seller is entitled to remove all doors, windows, window casings,
flooring, front porch materials, and any other fixtures from the property.
9. 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.
10. ABSTRACT AND TITLE. Seller, at Buyer's expense, shall promptly obtain an
abstract of title to the Real Estate continued through the date of acceptance of this offer,
and deliver it to Buyer for examination. It shall show merchantable title in Seller
inconformity with this agreement, Iowa law and Title Standards of the Iowa State Bar
Association. The abstract shall become the property of the Buyer when the purchase
price is paid in full. Buyer shall pay the costs of any additional necessary abstracting and
title work.
11. DEED. Upon payment of the purchase price, Seller shall convey the Real
Estate to Buyer, by Warranty Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 .d. Any general warranties of title
shall extend only to the time of acceptance of this offer, with special warranties as to acts
of Seller continuing up to time of delivery of the deed.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. Not applicable.
13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder
immediately preceding acceptance of this offer, executes this contract only for the
purpose of relinquishing all rights of dower, homestead and distributive shares or
incompliance with Section 561.13 of the Iowa Code and agrees to execute the deed or
real estate contract for this purpose.
14. TIME IS OF THE ESSENCE. Time is of the essence in this contract.
15. REMEDIES OF THE PARTIES
a. 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 days written notice of intention to
accelerate the payment of the entire balance because of such failure
(during which thirty 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.
b. If Seller fails to timely perform this contract, Buyer has the right to
have all payments made returned to them.
c. 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
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obtain judgment for costs and attorney fees as permitted by law.
16. STATEMENT AS TO LIENS. Not Applicable.
17. SUBSEQUENT CONTRACT. Not Applicable.
18. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court
approval, the fiduciary shall promptly submit this contract for such approval. If this
contract is not so approved, it shall be void.
19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall
apply to and bind the successors in interest of the parties.
20. CONSTRUCTION. Words and phrases shall be construed as in the singular or
plural number, and as masculine, feminine or neuter gender, according to the context.
21. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before
5:00 p.m., December 28, 2007, it shall become void and all payments shall be repaid to
the Buyer.
22. OTHER PROVISIONS.
a. Seller warrants that there are no tenants on the Real Estate holding under
lease or any other arrangements
b. This Offer to Buyer Real Estate and Acceptance is subject to final approval
by the City of Dubuque City Council.
Dated: ~~ ~~
CITY OF DUBUQUE, IOWA
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By ~:
Mic ael C. Van Milligen
City Manager
THIS OFFER IS ACCEPTED
Dated: ~'.~ ~.~ ~ ~~ -~
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Gary A nderson
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