Arthur Frommelt Estate_Offer to Buy Real Estater
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Estate of Arthur P. Frommelt (Seller)
1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to
buy real estate in Dubuque County, Iowa, described as follows:
Lots 11, 12, 13, 14, and 15 Finks Subdivision in the City of Dubuque, Iowa
(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 $ 157,170.00, payable at the Office of the
City Attorney, 300 Main Street, Suite 330, Dubuque, Iowa, as follows: $157,170.00 cash
at closing.
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. Not applicable.
5. RISK OF LOSS AND INSURANCE: Not applicable.
6. CARE AND MAINTENANCE. Not applicable.
7. CLOSING. If Buyer timely performs all obligations, title to the Real Estate shall
be delivered to Buyer on April 1, 2008, or such other date as the parties agree, with any
adjustments of rent, insurance, and interest to be made as of the date of closing.
8. FIXTURES. Not applicable.
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
011408ba1
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 Court Officer Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 c. 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. Not applicable.
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
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. The sale of the Real Estate is subject to Court
approval, the fiduciary shall promptly submit this contract for such approval. If this
011408ba1
~ 1,~ ~ ~y,
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., February 1, 2008, it shall become void and all payments shall be repaid to the
Buyer.
22. OTHER PROVISIONS.
a. Seller shall, as a condition precedent to Buyer's obligation to close, cause
any person occupying the premises to vacate the premises.
b. This Offer to Buy Real Estate and Acceptance is subject to final approval by
the City of Dubuque City Council. Upon acceptance by Seller, the Offer shall be
promptly submitted by Buyer to the City Council.
c. This Offer is 130% of the appraisal amount and is made pursuant to Iowa
Code § 66.26. Seller acknowledges that by accepting this Offer, Seller is
barred under Iowa Code § 66.26 from claiming payment from Seller for any
other expenses allowed by law.
Dated: l
CITY OF DUBUQUE, IOWA
L-
By: i-~ ~c ~
M' hael C. Van Milligen
City Manager
011408ba1
THIS OFFER IS ACCEPTED
Dated: GG~~ r /~t~
ESTATE OF AUTHOR P. FROMMELT
~_ .~-
U
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Arthur Frommelt Estate - 32nd Street Detention Basin
DATE: January 17, 2008
City Attorney Barry Lindahl advises that a purchase offer in the amount of $157,170 has
been accepted for the Frommelt property needed for the expansion of the West 32"d
Street Detention Basin as part of the Drainage Basin Master Plan.
I respectfully recommend Mayor and City Council approval of that purchase agreement.
C~;z ~~~
~ -,,
Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
THE CITY OF
DUB E
Masterpiece nn the
BARRY LIND
CITY ATTOR
To:
DATE:
RE:
MEMORANDUM
Michael C. Van Milligen
City Manager
January 15, 2008
Arthur Frommelt Estate - 32nd Street Detention Basin
Enclosed are three originals of the Offer to Buy Real Estate, signed by Sally Frommelt
regarding the Frommelt Estate. Please sign two of them and date them January 14,
2008 and return them to me. Please sign and date the third one for the City Council
agenda for the January 22, 2008 City Council meeting.
Thank you.
Enclosure
cc: David Harris, Housing & Community Development Director
Deron Muehring, Civil Engineer II
F:\USERS\tsteckle\Lindahl\Frommelt Property Acquisition\MVM_OfferToBuy_012208Agenda_011508.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 3OO MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
r
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Estate of Arthur P. Frommelt (Seller)
1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to
buy real estate in Dubuque County, Iowa, described as follows:
Lots 11, 12, 13, 14, and 15 Finks Subdivision in the City of Dubuque, Iowa
(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 $ 157,170.00, payable at the Office of the
City Attorney, 300 Main Street, Suite 330, Dubuque, Iowa, as follows: $157,170.00 cash
at closing.
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. Not applicable.
5. RISK OF LOSS AND INSURANCE: Not applicable.
6. CARE AND MAINTENANCE. Not applicable.
7. CLOSING. If Buyer timely performs all obligations, title to the Real Estate shall
be delivered to Buyer on April 1, 2008, or such other date as the parties agree, with any
adjustments of rent, insurance, and interest to be made as of the date of closing.
8. FIXTURES. Not applicable.
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
011408ba1
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 Court Officer Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 c. 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. Not applicable.
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
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. The sale of the Real Estate is subject to Court
approval, the fiduciary shall promptly submit this contract for such approval. If this
011408ba1
,* ~,
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., February 1, 2008, it shall become void and all payments shall be repaid to the
Buyer.
22. OTHER PROVISIONS.
a. Seller shall, as a condition precedent to Buyer's obligation to close, cause
any person occupying the premises to vacate the premises.
b. This Offer to Buy Real Estate and Acceptance is subject to final approval by
the City of Dubuque City Council. Upon acceptance by Seller, the Offer shall be
promptly submitted by Buyer to the City Council.
c. This Offer is 130% of the appraisal
Code § 6B.2B. Seller acknowledges
barred under Iowa Code § 6B.2B fro
other expenses allowed by law.
Dated:
CITY OF DUBUQUE, IOWA
By:
'PJte~c rt,~7C¢.
~ l l~~i[og
Michael C. Van Milligen
City Manager
amount and is made pursuant to Iowa
that by accepting this Offer, Seller is
m claiming payment from Seller for any
THIS OFFER IS ACCEPTED
a
Dated: ~ ~'.~"~~:' ~~#~:,
~~ .
ESTATE OF AUTHUR P. FROMMELT
BY:~~~~~~~~iy ~ -
~ -
- ~~
011408ba1
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Estate of Arthur P. Frommelt (Seller)
1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to
buy real estate in Dubuque County, Iowa, described as follows:
Lots 11, 12, 13, 14, and 15 Finks Subdivision in the City of Dubuque, Iowa
(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 $ 157,170.00, payable at the Office of the
City Attorney, 300 Main Street, Suite 330, Dubuque, Iowa, as follows: $157,170.00 cash
at closing.
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. Not applicable.
5. RISK OF LOSS AND INSURANCE: Not applicable.
6. CARE AND MAINTENANCE. Not applicable.
7. CLOSING. If Buyer timely performs all obligations, title to the Real Estate shall
be delivered to Buyer on April 1, 2008, or such other date as the parties agree, with any
adjustments of rent, insurance, and interest to be made as of the date of closing.
8. FIXTURES. Not applicable.
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
011408ba1
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 Court Officer Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 c. 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. Not applicable.
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
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. The sale of the Real Estate is subject to Court
approval, the fiduciary shall promptly submit this contract for such approval. If this
011408ba1
. .
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., February 1, 2008, it shall become void and all payments shall be repaid to the
Buyer.
22. OTHER PROVISIONS.
a. Seller shall, as a condition precedent to Buyer's obligation to close, cause
any person occupying the premises to vacate the premises.
b. This Offer to Buy Real Estate and Acceptance is subject to final approval by
the City of Dubuque City Council. Upon acceptance by Seller, the Offer shall be
promptly submitted by Buyer to the City Council.
c. This Offer is 130% of the appraisal amount and is made pursuant to Iowa
Code § 66.26. Seller acknowledges that by accepting this Offer, Seller is
barred under Iowa Code § 66.26 from claiming payment from Seller for any
other expenses allowed by law.
Dated:
~ P.>2~
~ ~~y ~d S OFFER IS ACCEPTED
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
-,
Dated: ; . -~ ~, ,~w~? ~."
~~
ESTATE OF AUTHUR P. FROMMELT
011408ba1
Prepared by: Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: Estate of Arthur P. Frommelt (Seller)
1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa (Buyer) offers to
buy real estate in Dubuque County, Iowa, described as follows:
Lots 11, 12, 13, 14, and 15 Finks Subdivision in the City of Dubuque, Iowa
(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 $ 157,170.00, payable at the Office of the
City Attorney, 300 Main Street, Suite 330, Dubuque, Iowa, as follows: $157,170.00 cash
at closing.
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. Not applicable.
5. RISK OF LOSS AND INSURANCE: Not applicable.
6. CARE AND MAINTENANCE. Not applicable.
7. CLOSING. If Buyer timely performs all obligations, title to the Real Estate shall
be delivered to Buyer on April 1, 2008, or such other date as the parties agree, with any
adjustments of rent, insurance, and interest to be made as of the date of closing.
8. FIXTURES. Not applicable.
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
011408ba1
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 Court Officer Deed, free and clear of all liens, restrictions, and
encumbrances except as provided in 1 a. through 1 c. 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. Not applicable.
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
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. The sale of the Real Estate is subject to Court
approval, the fiduciary shall promptly submit this contract for such approval. If this
011408ba1
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., February 1, 2008, it shall become void and all payments shall be repaid to the
Buyer.
22. OTHER PROVISIONS.
Dated:
P..~..~
~- Illy lp S OFFER IS ACCEPTED
CITY OF DUBUQUE, IOWA
By:
Michael C. Van Milligen
City Manager
a. Seller shall, as a condition precedent to Buyer's obligation to close, cause
any person occupying the premises to vacate the premises.
b. This Offer to Buy Real Estate and Acceptance is subject to final approval by
the City of Dubuque City Council. Upon acceptance by Seller, the Offer shall be
promptly submitted by Buyer to the City Council.
c. This Offer is 130% of the appraisal amount and is made pursuant to Iowa
Code § 66.26. Seller acknowledges that by accepting this Offer, Seller is
barred under Iowa Code § 66.26 from claiming payment from Seller for any
other expenses allowed by law.
Dated: GGG~- /~'~~
ESTATE OF AUTHUR P. FROMMELT
BY~ ~~~
~-
011408ba1