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Real Estate Contract DCSD_Kephart BuildingCouncil Member Lynch introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOL DISTRICT, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Braig seconded the motion to adopt. The roll was called and the vote was, AYES: Resnick, Voetberg, Braig, Buol, Connors, Jones, Lynch NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION N0. 126-08 RESOLUTION FIXING DATE FOR A MEETING ON THE AUTHORIZATION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOL DISTRICT, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Dubuque, Iowa (the "City"), should provide for the authorization of a Real Estate Contract between the City of Dubuque and Dubuque Community School District (the "Seller") in the principal amount of $185,000 (the "Agreement"), as authorized by Sections 384.24A and 384.25; Code of Iowa, as amended, a copy of which is now before this Council and incorporated herein by this reference, for the purpose of acquiring the real property described therein from the Seller; and WHEREAS, the Agreement shall be payable from the General Fund of the City; and WHEREAS, before such an agreement may be authorized, it is necessary to comply with the provisions of the City Code of Iowa, as amended, and to publish a notice of the proposal and of the time and place of the meeting at which the Council proposes to take action for the authorization of the agreement and to receive oral andJor written objections from any resident or property owner of the City to such action; -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That this City Council meet in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P .M., on the 21st day of April , 2008, for the purpose of taking action on the matter of the authorization of the Agreement and the approval of the provisions thereof, in the principal amount of $185,000, for the purpose of acquiring the real property described therein. Section 2. That the City Clerk is hereby directed to cause at least one publication to be made of a notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting on the authorization of said Agreement. Section 3. The notice of the proposed action shall be in substantially the following form: -4- NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COI\iIMUNITY SCHOOL DISTRICT IN THE PRINCIPAL AMOUNT OF $185,000, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa (the "City") will hold a public hearing on the 5th day of May 2008, at 6:30 o'clock P .M., in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at which meeting the Council proposes to take additional action for the authorization of a Real Estate Contract, in the principal amount of $185,000 (the "Agreement"), between the City, as Buyer, and Dubuque Community School District, as Seller, for the purpose of acquiring the real property described therein. Principal and interest due from the general fund of the City with respect to the provisions of the proposed Agreement and all other loan agreements in force on the date of authorization will not exceed ten percent (10%) of the last certified general fund budget amount. A copy of the Agreement has been placed on file in the office of the City Clerk and may be inspected during regular office hours. At the above meeting the Council shall receive oral or written objections from any resident or property owner of the City, to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the authorization of the Agreement or will abandon the proposal. This Notice is given by order of the City Council of Dubuque, Iowa, as provided by Sections 384.24A and 384.25 of the City Code of Iowa, as amended. Dated this 21st day of April , 2008. City Clerk of Dubuque, Iowa (End of Notice) -5- PASSED AND APPROVED this 21st day of April, 2008 MAYOR ATTEST: City Clerk CIG-3 9/91 CERTIFICATE STATE OF IOWA ) SS COUNTY OF DUBUQUE ) I, the undersigned City Clerk of Dubuque, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or, litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 21st day of April , 2008. City Clerk, Dubuque, Iowa SEAL DCORNELU 574938.1 /MSWord\10422.000 -7- ORIGINAL CIG-18 2-91 STATE OF IOWA ) SS COUNTY OF DUBUQUE ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Dubuque, in the County of Dubuque, State of Iowa, and that as such Clerk and by full authority from the Council of said City, I have caused a NOTICE OF MEETING OF THE CITY COUNCIL- OF THE CITY OF DUBUQUE, IOWA, ON THE MATTER OF THE PROPOSED AUTHORIZATION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF DUBUQUE AND DUBUQUE COMMUNITY SCHOOL DISTRICT IN THE PRINCIPAL AMOUNT OF $185,000, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the Telegraph Herald, a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that said Notice was published in said newspaper in all of the issues thereof published and circulated on the following date: April 25 .2008 WITNESS my official signature at Dubuque, Iowa, this 25th day of April , 2008 City Clerk (SEAL) DCORNELll 574945.1 /MSWord~10422.000 ORIGINAL (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: May 5 , 2008. Time of Meeting: 6:30 o'clock P .M. Place of Meeting: Historic Federal Building, 350 West 6th Street, Dubuque, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: Resolution fixing date for a meeting on the authorization of a Real Estate Contract between the City of Dubuque and Dubuque Community School District, and providing for publication of notice thereof Such additional matters as are set forth on the additional 7 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Dubuque, Iowa April 21 ,2008 The City Council of Dubuque, Iowa, met on regular session, in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, at 6:30 o'clock P.M., on the above date. There were present Mayor Roy D. Buol, in the chair, and the following named Council Members: Resnick, Voetberg, Braig, Connors, Jones, Lynch Absten: None -2- THE CITY OF DUBUQUE Masterpiece on the Mississippi Dubuque All-American City 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Real Estate Contract Between the Dubuque Community School District and the City of Dubuque, Iowa for the Purchase of the Kephart Building DATE: April 15, 2008 City Attorney Barry Lindahl recommends that a public hearing be set for May 5, 2008, to consider a Real Estate Contract with the Dubuque Community School District for the purchase of the Kephart Building. concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager THE CITY OF DUBUQUE Masterpiece on the Mississippi MEMORANDUM BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: April 4, 2008 RE: Real Estate Contract Between the Dubuque Community School District and the City of Dubuque, Iowa for the Purchase of the Kephart Building Enclosed is a copy of a Real Estate Contract with the Dubuque Community School District for the purchase of the Kephart Building. The contract has been signed by the President and Secretary of the Board of Directors of the School District. Because this Real Estate Contract is a loan agreement, Iowa law requires a public hearing prior to the approval of the agreement. Also enclosed are the Notice and Call of Public Meeting, Resolution Fixing the Date for the Public Hearing, and the Notice of the Meeting for publication. I recommend that the Real Estate Contract be placed on the City Council agenda for the April 21, 2008 meeting to be set for a public hearing at the City Council meeting of May 5, 2008. BAL:tIs Attachment cc: Jeanne Schneider, City Clerk Jenny Larson, Budget Director F:\USERS\tsteckle\Lindahl\Dubuque Community School District -Kephart Bldg\MVM_RealEstateContract0421Agenda_040408.doc REAL ESTATE CONTRACT IT IS AGREED between the DUBUQUE COMMUNITY SCHOOL DISTRICT ("Seller"); and the CITY OF DUBUQUE, IOWA ("Buyer") as follows: Seller agrees to sell and Buyer agrees to buy real estate in Dubuque County, Iowa, described as: The Southerly 66 feet 6 inches of the northerly Three-fifths of Out Lot 447 in the City of Dubuque, Iowa, according to the United States Commissioners Map of the Town of Dubuque, Iowa, which property is locally known as 1157 Central Avenue in the City of Dubuque, Iowa 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; and (d) consider: liens; mineral rights; other easements; interest of others (the "Real Estate"), upon the following terms and conditions: 1. PRICE FOR REAL ESTATE AND SERVICES. [The total consideration to be paid by the Buyer is the sum of One Hundred Eighty-Five Thousand Dollars of which one- third of the total consideration shall be allocated to the Real Estate and two-thirds thereof for services.] Thus, Buyer shall pay the Seller the sum of Sixty-One Thousand Six Hundred Sixty- Seven Dollars ($61,667.00) upon execution of this Contract, which shall be prior to June 30, 2008; the same amount on the first anniversary date of this Contract and the sum of Sixty-One Thousand Six Hundred Sixty-Six Dollars ($61,666.00) on the second anniversary date of this Contract. Each payment shall be allocated one-third to the Real Estate and two-thirds for services. 2. REAL ESTATE TAXES. The Real Estate is exempt from taxation. 3. SPECIAL ASSESSMENTS. The Real Estate is exempt from taxation. 4. POSSESSION AND CLOSING. Seller shall give Buyer possession of the Real Estate on the date of closing. The closing will be a date agreed upon by the parties which shall be on or before June 30, 2008. 5. INSURANCE. Seller shall maintain existing insurance upon the Real Estate until the date of closing. After possession and until full payment of the purchase price, Buyer shall keep the improvements on the Real Estate insured against loss by fire, tornado, and extended coverage for a sum not less than 80 percent of full insurable value payable to the Seller and Buyer as their interests may appear. Buyer shall provide Seller with evidence of such insurance. 6. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Real Estate continued through February 29, 2008, and deliver it to Buyer for examination. It shall show merchantable title in Seller in or conformity with this contract, Iowa law and the 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, however, Buyer reserves the right to occasionally use the abstract prior to full payment of the purchase price. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller. 7. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale. 8. CARE OF PROPERTY. Buyer shall take good care of the property; shall keep the buildings and other improvements now or later placed on the Real Estate in good and reasonable repair and shall not injure, destroy or remove the property during the term of this contract. 9. IMPROVEMENTS. Buyer at its expense will make improvements to the Real Estate so that same may be used and occupied as amulti-cultural center. Buyer shall complete all improvements to the Real Estate, notwithstanding the provisions of paragraph 11 herein. 10. DEED. Upon payment of the total consideration, Seller shall convey the Real Estate to Buyer by Special Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided herein. Any general warranties of title shall extend only to the date of this contract, with special warranties as to acts of Seller continuing up to time of delivery of the deed. 1 1. REMEDIES OF THE PARTIES. A. If Buyer (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to keep the property insured; or (c) fail to keep it in reasonable repair as herein required; or (d) to seek specific performance; (e) fail to perform any of the agreements as herein made or required; then Seller, in addition to any and all other legal and equitable remedies which it may have, at its option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyer shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Seller as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if the Buyer, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so maybe treated as tenants holding over, unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. B. If Seller fails to timely perform its obligations under this contract, Buyer shall have the right to terminate this contract and have all payments made returned to them. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them including specific performance. D. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attorney's fees and costs as permitted by law. 12. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 13. USE OF REAL ESTATE. Notwithstanding any other provision herein, Seller acknowledges that the primary use of the Real Estate shall be as a community multi-cultural center. The Seller further acknowledges that, upon fulfillment of the terms of this real estate contract for the purchase of the Real Estate, the Buyer shall have the right to use the Real Estate for such purposes as the City Council of Buyer in its sole discretion determines appropriate. Dated this 24th day of March, 2008. Dubuque Community School District By: Larry D. Loeppke, President Board of Directors By: Joni S. Lucas, Secretary Board of Directors City of Dubuque, Dubuque, Iowa By: Roy Buol, Mayor By: Jeanne Schneider, City Clerk State of Iowa ) ss: Dubuque County ) On this day of April, 2008, before me, a Notary Public in and for the State of Iowa, in and for said county, personally appeared Roy D. Buol and Jeanne F. Schneider, to me personally known, who being by me duly sworn did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to said 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, State of Iowa State of Iowa Dubuque County This instrument was acknowledged before me on this 24th day of March, 2008 by Larry D. Loeppke as President of the Board of Directors of Dubuque Community School District Joni S. Lucas, Notary Public State of Iowa Dubuque County Joni Lucas Commission Number 704531 My Comm. Exp. Aug. 9, 2009 This instrument was acknowledged before me on this 24th day of March, 2008 by Joni S. Lucas as secretary to the Board of Directors of Dubuque Community School District. Ronald H. Holm, Notary Public Ronald H. Holm Commission Number 719659 My. Comm. Exp. NOV. 21, 2008 THE CITY OF DUBUQUE Masterpiece an the Mississippi Dubuque All-American City 2007 16 April 08 To: Michael Van Milligen, City Manager From: David Harris, Housing and Community Development Department Re: Conversion of Kephart Building to Multicultural Family Center Introduction The purpose of this memorandum is to inform the City Council of our efforts to acquire a building for the purpose of relocating the Multicultural Center to an expanded facility. Discussion We have reached a preliminary agreement with the Dubuque Community School District to acquire the former Kephart Music store, located at 1157 Central Avenue. This is a two-story building, with approximately 6200 square feet on the first floor. The ground level space would be made available to the Multicultural Center, which is currently operating in the Brannon Monument building on White Street, in a 720 square foot space. The Kephart building would provide for an expanded computer lab, offices for the Center director and staff, large open programming spaces, a kitchenette and accessible bathrooms for both male and female users. In addition, other offices would be utilized by the School District, to offer ESL classes, summer classes and orientation for newcomer families. We have also talked to the Workforce Development Center about establishing a `New Iowans' center in this facility. For FY09, the Council approved a $371 000 budget for renovation of the first floor, based on estimates completed by architect AI Lundh. Since that time, we have additionally looked at the feasibility of using the second floor of the building for City offices. Approximately 2500 square feet is available, which will provide for 6-8 offices and conference areas in the future. For that reason, we have estimated the costs of installation of an elevator. Because estimated costs for conversion of the second floor are about $320 000, we are not proposing that as a Fiscal Year 2009 project. However, we have calculated the installation of the elevator shaft and foundation, as well as roughed-in extension of electrical and plumbing services to the second floor, to be included in this project. Not to do so would result in disruption of Center use and duplicated costs, should those modifications be performed at a later date. These additional costs have been estimated at $78 500. We have also reconfigured the first floor plan, eliminating proposed parking at the rear of the building and increasing usable space for the Multicultural Center. As little to no current demand exists for on-street parking spaces at the front of the building, we have concluded there is no reason to develop the parking spaces off the rear alley. This will add approximately $29 800 to the construction budget, while also adding about 1200 square feet for Center use. The total estimated cost for conversion of the building is now $479 300 (plus acquisition), of which $108 300 has not previously been approved by Council action. City staff is working to identify funding sources for the additional $108 300 in costs. The Multicultural Center is currently staffed by AmeriCorps volunteers, supervised by Penny Ehlinger and assisted by Beverly Berna, from ISU- Extension. The Center intends to undertake a fund drive to capitalize an operating budget and pay for the services of a full-time Center director. It is reasonable to assume that the City would not be receiving rental income from the Center's use in the foreseeable future. att Multi-Cultural Center IOWA STATE UNIVERSITY University Extension Beverly Berna, Family Life Specialist Dubuque County Extension 14858 West Ridge Lane, Suite 2 Dubuque, Iowa 52003-8466 Phone 563-58396; Fax 563-583-4844 E-mail: bberna@iastate.edu wvvw.extension.iastate.edu/dubuque/ Multicultural Family Center - A Place for the Community to Came Togther Commzrnity Need: Dubuque is a community whose inhabitants are overwhelmingly of Irish and German ancestry. Many of our residents have been in the community for generations, and have had limited contact with people of other racial and ethnic backgrounds. In recent years, Dubuque has seen an increasing population of color, such that today one in every nine children in our public school system is a child of color. The Multicultural Family Center is seeking innovative ways to build cross-cultural collaboration and civic engagement around issues of diversity as well as facilities for families, youth and the downtown neighborhood residents. What is the Multicreltural Family Censer doinsr? The Multicultural Family Center is open from 1 to 8 p.m. Tuesday to Friday and 11 a.m. to 4 p.m. Saturdays. During these regular hours, students receive after school Homework Help, families receive free internet access, web cam and computer tutoring in English & Spanish, as well as community informational services and referral. The Center is also serving as the contact address and meeting location for the local chapter of the NAACP. Examples of Multicultural Family Center 200? projects in addition to those Listed previously were: beginning computer classes, weekly coffee socials and youth culture days, a parenting series entitled Cruiding Good Choices and weekly summer family field trips. Special everrts such as Spanish First Time Homebuyer workshop was held in June with 5 participants (4 households). As a result of this workshop one family is in the process of purchasing their first home. Summer programs were held for youth on the Prescott school playground from 9 a.m. to 12 noon with lunch being served by Boys and Girls Club and then programs from 1:30 to 5:30 p.m. daily at the Center reaching 582 contacts. Topics included Gizmos c4L Gadgets, Global Friends, Story Theatre, Planet Protectors, Kids Spanish, Paint A Bowl & Feed a Child, etc. A 3 on 3 basketball league for older teens and a break dance and hip hop troupe was formed this summer. Brimstone Talent Group is a student lead youth groups - 15t to 6th and 7th to 12th grades -who now rehearse and perform hip-hop and break dances, poems and songs at community events and Senior High school functions. Multicultural Family Center evenings are reserved for families and adult computer time. How can the Women 's Givr'ng Circle help? •:* Organizational leader and chaperones for the EnvironmentaUOutdoor Youth Group - trips to Bald Eagle Days, Swiss Valley, Pond Fishing, Fisheries Stations, Recycling Center & other Environmental Projects • Plan, fund, organize, and carry-out after-school programming --- can be topic of interest to youth (cooking, crafts, etc.) + funding for weekly summer family field trips. • Plan, fund, organize, and carry-out Youth Culture Days as well as quarterly Family Cultural Celebrations. • College Talk monthly meeting and pre-teen/teen mentors to help kids from downtown to graduate from high school and get into college in an area of interest to that specific youth - such as arts, biology, photography, criminal justice, etc. ,Assist recruiting mentors who will show pre-teens and teens how to get a desired career path. • Volunteers far Spanish speaking adults for weekly coffee and language assistance. :• Plan, organize, teach and evaluate basic computer/intergenerational computer programs. • In addition the Center also needs a copy machine, chairs recovered, and new furniture. Exrtension programs are available to all without regazd to race, color, national origin, religion, sex. age or disability.