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Kephart Building Contract with Dubuque Community SchoolsTHE CITY OF DUBJE MEMORANDUM Masterpiece on the Mississippi BARRY LIN n (1 CITY ATTO To: Jeanne Schneider City Clerk June 14, 2010 Real Estate Contract — 1157 Central Avenue DATE: RE: Jeanne: Per Section 10 of Real Estate Contract between the Dubuque Community School District and the City of Dubuque, dated March 24, 2008, a copy of which is attached, "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." Final payment of $61,666.00 was made to the Dubuque Community School District on March 17, 2010 by City of Dubuque check no. 347908. Attached is a copy of a June 10, 2010 letter from Attorney Ted Huinker as well as the original Special Warranty Deed, executed by the Dubuque Community School District on May 24, 2010. We have retained a copy of this Deed for our files. Thank you. Attachment OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944 TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL balesq @cityofdubuque.org STEPHEN J. JUERGENS ROBERT L. SUDMEIER DOUGLAS M. HENRY MARK J. WILLGING A. THEODORE HUINKER DANITA L. GRANT WILLIAM N. TOOMEY JENNY L. HARRIS t JASON D. LEHMAN JASON L. COMISKY ALL ATTORNEYS LICENSED IN IOWA * ALSO LICENSED IN WISCONSIN 'ALSO LICENSED IN ILLINOIS Barry A. Lindahl 300 Main Street Harbor View Place Ste. 330 Dubuque, IA 52001 Dear Mr. Lindahl: Law Offices Of FUERSTE, CAREW, JUERGENS & SUDMEIER, P.C. 200 SECURITY BUILDING 151 WEST 8TH STREET DUBUQUE, Iowa 52001 -6832 June 10, 2010 Re: 1157 Central Avenue Enclosed please find the original Special Warranty Deed conveying the property located at 1157 Central Ave. to the City of Dubuque from the Dubuque Community School District. ATH/tlp Enclosure If you have any questions, please telephone the undersigned. Very truly yours, FUERSTE, CAREW, JUERGENS & SUDMEIER, P.C. WILLIAM C. FUERSTE ALLAN J. CAREW (RETIRED) TELEPHONE: (563) 556-4011 TELECOPIER: (563) 556-7134 E -MAIL: MAIL(R1FUERSTELAW. COM WRITER'S DIRECT E -MAIL ADDRESS THUINKER R,FUERSTELAW.COM SPECIAL WARRANTY DEED THE IOWA STATE BAR ASSOCIATION Official Form No. 105 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) A. Theodore Huinker, 200 Security Bldg., 151 West 8th St., Dubuque, IA 52001, Phone: (563) 556 -4011 Taxpayer Information: (Name and complete address) City of Dubuque, Iowa, 50 West 13th, Dubuque, IA 52001 Return Document To: (Name and complete address) Barry A. Lindahl, 300 Main Street, Harbor View Place Ste. 330, Dubuque, IA 52001 Grantors: Dubuque Community School District in the Counties of Dubuque and Jackson, State of Iowa, a/k/a Dubuque Community School District Grantees: City of Dubuque, Iowa Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2005 IOWADOCS© IIIIIII!IIIIIIIIIII/IIII//IIIIIJIIIIIIIIIIIIIIIII/IIJ/IihIIIIII///II/II////IIII i i i i i ii ii i i i ii i i i i i i i i i ii i i i i i i i i i i i i i i i i i i i i Doc ID: 006767020003 Type: GEN Kind: SPECIAL WARRANTY DEED Recorded: 05 /26/2010 at 04:06:33 PM Fee Amt: $24.00 Page 1 of 3 County Revenue Cnt Iowa Kathy Flynn Thurlow Recorder Fi1e2010_00 500 Igo() Fu erste, THE IOWA STATE BAR ASSOCIATION Official Form No. 105 A. Theodore Huinker FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER .3 TI Tp � (1. For the consideration of Dollar(s) and other valuable Dubuque Community School SPECIAL WARRANTY DEED Ten ($10.00) consideration, District in the Counties of Dubuque and Jackson, State of Iowa, a/k/a Dubuque Community School District do hereby Convey to City of Dubuque, Iowa the following described real The Southerly 66 feet and Iowa, according to the United This Special Warranty Deed 15, 2008 in the office of the NO REVENUE STAMPS estate in Dubuque County, Iowa: in the City of Dubuque, Iowa filed of record May -6838. 6 inches of the Northerly Three -fifths of Out Lot 447 States Commissioners' Map of the Town of Dubuque, is given in consummation of a Real Estate Contract Dubuque County Recorder as Instrument No. 2008 REQUIRED - SECTION 428A.2(6) Grantors do Hereby Covenant with Grantees and successors in interest to Warrant and Defend the real estate against the lawful claims of all persons claiming by, through or under them, except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. ATE OF Dated: May Qt.( , 2010 CO OF Dubuque Community School District in the Counties of Iowa, a /k/a District This instrumen .s acknowledged me on of Dubuque and Jackson, State before Dubuque Community School by (Grantor) o S. Krueg-- , ' ent ( Grantor) , Notary ' . •lic (This form of acknowledgment for individual By: N Jo i S. Luc s, Secretary (Grantor) (Grantor) grantor(s) only) © The Iowa State Bar Association 2005 105 SPECIAL WARRANTY DEED IOWADOCS® Revised June 2005 STATE OF IOWA , COUNTY OF DUBUQUE This instrument was acknowledged before me on May o) ' , 2010 , by Otto S. Krueger, President and Joni S. Lucas, Secretary of Board of Directors of Dubuque Community School District STATE OF , COUNTY OF otary Public awe JOAN M. SIGWARTH Commission Numb ©r 737370 My Comm. Exp, OCT. 27, 2011 This instrument was acknowledged before me on , by STATE OF , COUNTY OF This instrument was acknowledged before me on STATE OF , COUNTY OF Notary Public , by , Notary Public This instrument was acknowledged before me on , by , Notary Public 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 a multi- 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. 11. 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 may be 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 24 day of March, 2008. Dubuque Community School District P r . ; _ v 2.41 • L Stir P es'1: 1t By: By: Board of diAJCZIA Joni S. Lucas, Secretary Board of Directors erectors City of Dubu; e, Dubuque, Iowa By: B Ro,f Buol, Mayor Jeanne Schneider, City Clerk State of Iowa ) ) ss: Dubuque County ) On this day of 1, 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 dttly sworn did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, a M unicipal ,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 iristrurnent was signed and sealed on behalf of said Municipal ceiporation 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 ' .rporationJyif voluntarily executed. tary Public, State of Iowa SUSAN hi, WINTER COMMISSION N0,189274 MY CCMNlssloN EXPIRES 2114/11 State of Iowa ) ) ss: Dubuque County ) This instrument was acknowledged before me on this day of rn0.../L at.J , 2008 by Lamy D. Loeppke as President of the Board of Directors of Dubuque Community School District. State of Iowa Dubuque County ) ) ss ) Joni , Lucas otary Public JONI LUCAS Commission Number 704531 My Comm. Exp. AUG 9, 2009 This instrument was acknowledged before me on this day of el Dubuque Community School District. „ c'c , 2008 by Joni S. Lucas as Secretary to the Board of Directors Ronald H. Holm, Notary Public RONALD H. HOLM Commission Number 719659 My Comm. Ex . NOV 21, 2004 ( -7 The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Ric Jones introduced and delivered to the Clerk the. Resolution hereinafter set out entitled "RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF DUBUQUE, AS BUYER, AND DUBUQUE COMMUNITY SCHOOL DISTRICT, AS SELLER, IN THE PRINCIPAL AMOUNT OF $185,000", and moved: that the Resolution be adopted. ADJOURN and defer action on the Resolution and the proposal to institute proceedings to the meeting to be held at o'clock _.M. on the day of , 2008, at this place. Council Member Karla Braig seconded the motion. The roll was called and the vote was, AYES: Braig, Buol, Connors, Jones, Lynch, Resnick, Voetberg NAYS: None Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 154-08 RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT BETWEEN THE CITY OF DUBUQUE, AS BUYER, AND DUBUQUE COMMUNITY SCHOOL DISTRICT, AS SELLER, IN THE PRINCIPAL AMOUNT OF $185,000 -4-: 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 in the principal amount of $185,000 (the "Agreement"), between the City, as Buyer, and Dubuque Community School District, as Seller, 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 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 and/or written objections from any resident or property owner of the City to such action; and WHEREAS, by Resolution No. 126-08 adopted April 21 , 2008, this Council set a public hearing on the proposal to enter into the Agreement for its meeting of May 5 , 2008 at 6: 30 P.M. in the Historic Federal Building, 350 West 6th Street, Dubuque, Iowa, and due and proper notice of said public hearing was given, as provided by law, by publication in the Telegraph-Herald on April 25 , 2008, which notice set forth the time and place for the hearing and the nature and purpose thereof; and WHEREAS, in accordance with said notice, all persons or organizations desiring to be heard on said proposed action, both for and against, have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and said public hearing has been closed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Annroval of Agreement. The form and content of the Agreement, the provisions of which are incorporated herein by reference, are in all respects authorized, approved and confirmed, and the Mayor and the City Clerk are authorized, empowered and directed to execute, attest, seal and deliver the Agreement for and on behalf of the City in substantially the form and content now before this meeting, but with such changes, modifications, additions or deletions therein as shall be approved by such officers upon the advice of the City Attorney, and from and after the execution and -5- delivery of the Agreement, the Mayor and the City Clerk are authorized, empowered and directed to do all such acts and things and to execute all such documents as may be necessary to carry out and comply with the provisions of the Agreement as executed. PASSED AND APPROVED this 5th day of May, 2008 Mayor ATTEST: City Clerk 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. S. 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 reserve 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 maybe 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. 11. 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 bylaw. 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/t~h[e 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 By: Joni S. Lucas, Secretary Board of Directors City of Dubuque, Dubuque, Iowa By: Roy D. Boul, Mayor Jeanne Schneider, City Clerk State of Iowa ) ss: Dubuque County ) On this 5th day of May, 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 SUSAN M. WINTER COMMISSION NO. 183274 MY COMMISSION EXPIRES 2/14/11 State of Iowa ) )ss: Dubuque County ) This instrument was acknowledge 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. State of Iowa ss: Dubuque County This instrument was acknowledged before me on this 24th day of march, 2008 by Joni S. Lucus as Secretary of the Board of Directors of Dubuque Community School District THE CITY OF Dubuque DUB E "'"~~~~~ Masterpiece an the Mississippi 2007 TO: The Honorable Mayor and City Council Members . FROM: Michael C. Van Milligen, City Manager SUBJECT: Conversion of Kephart's Building to Multi Cultural Family Center DATE: April 30, 2008 Housing and Community Development Department Director David Harris is recommending approval of an agreement with the Dubuque Community School District and the acquisition of the former Kephart Music Store located at 1157 Central Avenue. This is a two-story building with approximately 6,200 square feet on the first floor. The ground level space would be made available to the Multi Cultural Family Center, which is currently operating in the Brannon Monument building on White Street in a 720 square foot space. The Kephart's 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, several other offices would be available for use by other organizations to provide outreach services at the Center. In particular, offices would be utilized by the School District, to offer ESL classes, summer classes and orientation for newcomer families. There have been discussions with the Iowa Workforce Development Center about establishing a "New Iowans" center in this facility. The City approved a Fiscal Year 2009 capital budget of $556,929 for purchase and renovation of the first floor of the Kephart's Building. The approval of this real estate purchase will require the payment of $185,000 in three equal installments over the next three years. Since the budget process, the City has examined the feasibility of using the second floor of the building for City offices. To preserve that possibility for a future date, David Harris is recommending the City spend $78,500 during the first floor renovation to install an elevator shaft and roughed-in extension of electrical and plumbing services for the second floor. The original plan for the first floor also included tearing off the back of the building to create a few parking stalls at the rear of the building, and this has been redesigned to keep that section of the building as part of the first floor at a cost of $29,800. The total estimated cost for acquisition and conversion of the first floor of the building is now $665,229. Budget Director Jennifer Larson has identified a funding source for the additional $108,300 in costs. I concur with the recommendation and respectfully request Mayor and City Council approval of the Kephart's Building acquisition agreement, the acquisition of the building, and an agreement with the Dubuque Community School District to provide English Language Learning Program services at the new Multi Cultural Center. ' ~~ Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David Harris, Housing and Community Development Department Director TO: Michael Van Milligen, City Manager FROM: David Harris, Housing and Community Development Department SUBJECT: Conversion of Kephart Building to Multicultural Family Center DATE: 16 April 08 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, several other offices would be available for use by other organizations to provide outreach services at the Center. In particular, 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. 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. Budget The approval of the Kephart real estate contract will require the payment of the first installment of $61,667 payable to the Dubuque Community School District at the time of closing. Council approved the FY09 capital budget with $556 929 budgeted for purchase of the former Kephart's building over three years and design and 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 acquisition and conversion of the first floor of the building is now $665 229, of which $108 300 has not previously been approved by Council action. Budget Director Jennifer Larson has recommended that this additional cost be funded by savings from the Grand River Center Maintenance Capital Project (CIP# 1021598). Action I am respectfully recommending the approval of the real estate contract with the Dubuque Community School District to purchase the former Kephart's building, and the additional $108 300 cost for renovation to be funded by savings from the Grand River Center Maintenance Capital Project with a Fiscal Year 2008 budget amendment to permit expenditures to begin this fiscal year. DEPARTMENT: Building Services EXP PRIOR ESTIMATED TO FY 08 FY 08 $ - $ $ - $ STATE PROGRAM: PROJECT TITLE: General Government Improvements to Kephart's Building PROJECT BUDGET 2008-09 A. EXPENDITURE ITEMS Design & Engineering $ 27,550 Land and R.O.W. $ 61,667 $ Construction $ 344,379 Other - TOTAL $ 433,596 $ B. PROJECT FINANCING CDBG Funds $ 180,000 GO Debt (GD TIF Abated) $ 253,596 $ - TOTAL $ 433,596 $ 2009-10 2010-11 61,667 $ 61,666 PROGRAM: 6C TOTAL DEPARTMENT:57~ PROJECT FD/CIP NO: 360-1976 COST $ 556,929 2011-12 2012-13 BEYOND 2013 61,667 $ 61,666 $ 61,667 $ 61,666 61,667 $ 61,666 $ - $ - $ - $ - $ PROJECT DESCRIPTION This project funds significant improvements to the old Kephart's Building on Central Avenue formerly owned by the Dubuque Community School District to provide space for a multicultural center and future office space. The renovation would include updates to the interior of the building and the removal of the back addition to provide space for seven parking spaces and a future elevator for access to the upper level. The building will be purchased from the Dubuque Community School District for $185,000, payable over three years. JUSTIFICATION Renovations to the building would allow it to be used as a multicultural center to provide services to neighborhood residents. Future renovations may include the addition of an elevator and office space on the upper level. RELATIONSHIP TO OTHER PROJECTS This project implements the Comprehensive Plan's Land Use and Urban Design Element: Goals 2.4, 5.2 and 8.3; Infrastructure Element: -Goals 10.1 and 10.2; and Diversity Element: Goal 3.1. 1 IC~~TA STATE UNi~~ERSITY University Extension Beverly Berne, Family Life Specialist Dubuque County Extension 14858 West Ridge Lane, Suite 2 Dubuque; Iowa 52003-8466 Phone 563-583-5496; Fax 563-583-4644 E-mail: tlberna(a~iastate.edu www.extension.iastate.edWdubuaue/ Multicultural Family Center - A Place for the Community to Come Toge#her Community Need: Dubuque is a community whose inhabitants are overwhelmingly of Irish and German ancestry. Many of our residerns 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 far families, youth and the downtown neighborhood residents. What is the Multicziltziral Family Center doing? 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 2007 projects in addition to those listed previously were: beginning computer classes, weekly coffee socials and youth culture days, a parenting series entitled Cruidirlg Good Choices and weakly summer family field trips. Special events 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 far youth on the Prescott school playground from 9 a.m. to 12 noon with lunch being served by Bays and Girls Club and then programs from 1:30 to 5:30 p.m. daily at the Center reaching 582 contacts. Topies included Gizmos & 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 - 1st to 6th and 7t1i 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 Giving Circle help ~ • Qrganizational 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 Taik 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 for 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. Ea~tension programs are available to all without regard to race, color, national origin, religion, seat. age or disability. Multi-Cultural Center THE CITY OF DUB E MEMORANDUM Masterpiece on the Missis BARRY LINDAH CITY ATTORNE To: Michael. Van Milligen City Manager DATE: April 22, 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 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, and a Resolution Approving the Contract. I recommend that the Real Estate Contract be submitted to the City Council for consideration and approval. BAL:tIs Enclosure cc: Jeanne Schneider, City Clerk (originals enc.) Jenny Larson, Budget Director F:\USERS\tsteckle\Lindahl\Dubuque Community School District -Kephart Bldg\MVM_RealEstatecontract0505Agenda_042208.doc REAL ESTATE CONTRACT IT IS AGREED between the DUBUQUE COl~~IlVIUNITI' 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- SevenDollars ($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 maybe 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. 11. 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 bylaw. 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 aze 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. TIlVIE 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 24~' day of Mazch, 2008. Dubuque Community School District By: a . L , P es' t Boazd of erectors By: (~ Joni S. Lucas, Secretary Boazd of Directors State of Iowa ) ss: Dubuque County ) This instrument was acknowledged before me on this ~' day of rnf~1!~C~G~J , 2008 by Larry D. Loeppke as President of the Board of Directors of Dubuque Community School District. Joni .Lucas, otary Public o~°~ .~ J~?fiFl LUCAS State of Iowa ) _~ yommisslan Number 704539 • +ow-~ My ~0(nm. Exp. AUG 9, 2009 ) SS: Dubuque County ) This instrument was acknowledged before me on this ~ ~ day of C ~~ 2008 by Joni S. Lucas as Secretary to the Board of Directors o Dubuque Conununity School District. .-''~ ' fi Ronald H. Holm, Notary Public 4lTLALB RONALD H. HOLM Commission Number 719659 cawr My Comm. Exp. NOY 2.1, 20D8 ORIGINAL (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Dubuque, Iowa. Date of Meeting: , 2008. Time of Meeting: o'clock _.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: • Public hearing on the authorization of a Real Estate Contract between the City of Dubuque and Dubuque Community School District, in the principal amount of $185,000. • Resolution approving and authorizing execution of said Real Estate Contract. Such additional matters as are set forth on the additional 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 2008 The City Council of Dubuque, Iowa, met in Federal Building, 350 West 6th Street, Dubuque, Iowa, at above date. There were present Mayor , the following named Council Members: session, in the Historic _ o'clock _.M., on the in the chair, and Absent: ~****~~* -2- The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposed authorization of a Real Estate Contract in the principal amount of $I 85,000 (the "Agreement") between the City of Dubuque, as Buyer, and Dubuque Community.School District, as Seller, for the purpose of acquiring the real property described therein, and that notice of the proposed action by the Council to institute proceedings for the authorization of the Agreement had been published pursuant to the provisions of Sections 384.24A and 384.25 of the Code of Iowa, as amended. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposal. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the proposal and . were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) -3- CIG-3 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 alI 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 day of , 2008. (SEAL) DCORNELL! 575006.1 /MSWord110422.000 City Clerk, Dubuque, Iowa - 7 - ALLAN J. CAREW MICHAEL J. COYLE STEPHEN J. JUERGENS ROBERT L. SUDMEIER* DOUGLAS M. HENRY MARK J. WILLGING MICHAEL J. SHUBATTt A. THEODORE HUINKER DANITA L. GRANT WILLIAMN. TOOMEY JENNY L. HARRIS JASON D. LEHMAN Law Offices Of FUERSTE, CAREW, COYLE, JUERGENS &SUDMEIER, P.C. 200 SECURITY BUILDING 151 WEST 8TH STREET DusuQuE, IOWA 52001-6832 April 17, 2008 ALL ATTORNEYS LICENSED IN IOWA •ALSO LICENSED IN WISCONSIN tALSO LICENSED IN ILLINOIS Barry A. Lindahl 300 Main Street Harbor View Place Ste. 330 Dubuque, IA 52001 Dear Barry: WII,LLAM C. FUERSTE (RETIItED) TELEPHONE: (563)SS6-4011 TELECOPIER: (563) SS6-7134 E-MAII,: MAIL(a?FCCJS.COM WRITER'S DIRECT E-MAIL ADDRESS ACAREW(a,FCCJS.COM Enclosed is the ELL Agreement with City executed by the School officials. Please have it signed and send me a signed copy. Thanks. Very truly yours, FUERSTE, CAR JUERGENS,. &e ,`,~`~'; ~, ,, BY: °' ~ ~~ ~.~. _ ~-~ .._ L ~,.. ~~, LTDIV~IEIER, P.C. .%' r` ~,.~ ,~~ ,; ,; - .~-'~. 1`.,r r~~ "CAR.EW AJC/jar Enclosure f To: City of Dubuque City Hall 50 West 13th Street Dubuque, IA 52001 Attn: City Manager Dear Mr. Van Milligen: We have discussed cooperation between the City of Dubuque (City) and the Dubuque Community School District (School District) related to the English Language Learning program(ELL). The School Board has approved the concept. There follows an outline of the ELL to the understanding of the School District. If the City agrees to the concept ,please sign below. A. The Program. Satellite facility for Dubuque Community School District to provide English Language Learner (ELL) instructional services in varied capacities with possibilities such as: A Shelter Classroom/ Welcome Center: for short-term English acquisition instruction for newcomers in "survival English" (before heading to their neighborhood schools) 2. Potential extended after school opportunities for our enrolled ELL students in Dubuque Schools to receive extra English instruction from district ELL staff. B. Staffing. Staffing would most likely be a combination of an existing current ELL teacher on a part-time basis to assist with the Welcome Center classroom and intake testing, or an ELL paraprofessional to assist during the day and with the extended day opportunities. C. Supervision of Program. Supervision of the satellite program would fall under the responsibility of the ELL Coordinator, Dubuque Community School District ELL Supervisor. D. Facility. The ELL will be held at the former location of Kephart Music on Central Avenue which Facility is now owned by the School District. E. Purchase of Facility. The City will purchase the Facility from the School District for the total sum of $185,000 payable over athree-year period. The total cost will be allocated: 1/3 for the Facility and 2/3 for ELL services. The City and the School District will enter into a contract for the purchase of the Facility. The City will be responsible for all improvements, maintenance, repair and insurance. Upon payment of the total sum of $185,000, Special Warranty Deed will be delivered to the City. F. Facility Improvements. The City, at its expense, and in consultation with the School District, will make improvements to the Facility. G. 28E. The outline of services will be set out in a 28E Agreement between the City and the School District, which 28E Agreement shall be subject to City Council. approval and School Board approval. H. Commencement. The ELL program will commence as soon as possible but, in any event, prior to July 1, 2008. I. Use of Facility. Notwithstanding any other provision herein, the School District acknowledges that the primary use of the Facility shall be as a community multi-cultural center. The School District further acknowledges that, upon fulfillment of the terms of the real estate contract for the purchase of the Facility, the City shall have the right to use the facility for such purposes as the City Council in its sole discretion determines appropriate. The above is a summary and will not be binding on either party until the legal documents are approved by the City Council and the School Board. City of Dubuque By: Michael Van Milligen City Manager Dubuque Community School District B a oep ,Preside B ~ -~ ~ ~~`~~~ Y~ `~oni S. ucas, Secretary First Floor Kephart Building