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Stipulations of Settlement_First National Bank of DubuqueBarry A. Lindahl, Esq. City Attorney Suite 330, Harbor View Place 300 Main Street Dubuque, Iowa 52001 -6944 (563) 583 -4113 office (563) 583 -1040 fax balesq@cityofdubuque.org Mayor and Members of the City Council of the City of Dubuque City Hall 13 & Central Avenue Dubuque, IA 52001 Chairperson of the Dubuque County Board of Supervisors Dubuque County Courthouse 720 Central Avenue Dubuque, IA 52001 Chairperson of the School Board Dubuque Community School District Central Administration Offices 2300 Chaney Road Dubuque, IA 52001 Chairperson of the Conference Board of the City of Dubuque City Hall 13 & Central Dubuque, IA 52001 Dear Chairpersons, Mayor and President: March 19, 2010 Dubuque THE = T , T 11 I 2007 President of the Board of Directors Northeast Iowa Community College P.O. Box 400 Calmar, IA 52132 Chairperson of the Board of Trustees Dubuque County Hospital Sunnycrest Manor 2375 Roosevelt Street Dubuque, IA 52001 Chairperson of the Council of the Dubuque County Agricultural Extension Service 14742 Hwy. 20 West, Suite 2 Dubuque, IA 52003 RE: First National Bank of Dubuque (US Bank) vs. Dubuque City Board of Review — 2009 Property Tax Protest, State of Iowa Property Assessment — Docket No. 09- 104 -0736 Enclosed is a copy of a Stipulation of Settlement of a tax assessment appeal. Iowa Code §441.44 requires that the Stipulation of Settlement be served upon each of you. The property that is the subject of this appeal is the US Bank branch bank property located at 435 Kennedy Road, Dubuque, Iowa, Assessor's Parcel: 1027152001. US Bank, represented by tax agent, Rowland Welch, protested its 2009 assessment in the amount of $1,348,600 to the Dubuque City Board of Review. The petitioner chose two grounds to protest: the property is not assessed equitably compared to others and the property is assessed for more than the value authorized by law. The petitioner used an income statement to show the value should be reduced to $800,000. The Dubuque City Board of Review denied the petition. US Bank then filed an appeal from the Board of Review decision to the Property Assessment Appeal Board, using the same grounds as it used at the Board of Review protest. US Bank seeks to have the assessed value of the property reduced by offering a comparison of the assessed value of many other banks in the Dubuque County area which it claims are comparable properties. The City Assessor's Office reviewed the material presented by US Bank and concluded that many of the other bank properties were not comparables because of size, age, or location. The City Assessor's Office reviewed the US Bank assessment and compared it with two neighboring properties, the American Trust branch bank property located at 280 Kennedy Road and the Dubuque Bank and Trust Company branch bank property located at Kennedy Mall, 555 Kennedy Road. Those two branch banks were built in the same time period as US Bank and have many of the same qualities as the subject property. In comparing those properties, the City Assessor discovered the US Bank property was valued as a 4,196 square foot bank property with three additions. If the US Bank property was more properly valued as a 5,800 square foot bank with no additions it would result in a reduction of $40,820 in the assessed value of the property. Also, if the bank was valued this way the valuations of the other branch banks would fall into line as explained below. Comparison of 1 floor values before combining square footages: US Bank - Dubuque Bank & Trust American Trust $94.98 per sq ft $87.67 per sq ft $88.12 per sq ft Comparison of 1 floor values after combining square footages: US Bank Dubuque Bank & Trust American Trust $87.94 per sq ft $87.67 per sq ft $88.12 per sq ft The Dubuque City Assessor reviewed all of this data with the City Board of Review. The 2009 assessed value is $1,348,600. The petitioner's request is to reduce the assessed value to $800,000. The Board has concluded that an assessed value of $1,307,780, based on the comparable assessments, would be appropriate. An offer to that effect was made to US Bank and US Bank has accepted 2 The settlement will result in a loss of tax dollars of $1,417 per year. If a settlement would not have been reached the City Assessor's Office estimates conservatively the cost for this appeal to the Assessor's Office would have exceeded $4,000. Pursuant to the Stipulation of Settlement, this appeal will be dismissed and the tax assessment will be adjusted to $1,307,780 for parcel 1027152001 for January 1, 2009. The proposed settlement will be presented to the Property Assessment Appeal Board after 14 days from the date indicated on the attached Notice of Voluntary Settlement. If there are any objections to the proposed settlement, they should be made know to the City Assessor prior to that time. If you have any questions about the proposed settlement, please contact City Assessor, Rick Engelken at (563)- 589 -4416. BAL /tls Enclosure cc: Michael C. Van Milligen, City Manager Jeanne Schneider, City Clerk Rick Engelken, City Assessor 3 erely �L Barry A. Lindahl, Esq. City Attorney IN THE MATTER OF First National Bank of Dubuque, (US Bank) Petitioner-Appellant, vs. STATE OF IOWA PROPERTY ASSESSMENT APPEAL BOARD City of Dubuque Board of Review, Respondent- Appellee. Petitioner - Appellant First National Bank of Dubuque (US Bank), and Appellee City of Dubuque Board of Review, state to the State of Iowa Property Assessment Appeal Board that the pending litigation with regard to the tax assessment for the following - described property as of January 1, 2009: FIRST NATIONAL BANK OF : b Y Rowland Welch Jim Schwalls & Associates, Inc. Docket No. 09 -104 -0736 Parcel No. 10 -27 -152 -001 STIPULATION OF SETTLEMENT Parcel No. 10- 27- 152 -001 has been settled and agreed upon as follows: Valuation: Land $438,100.00 Building $869,680.00 TOTAL $1,307,780.00 It is further agreed that upon entry of a Property Assessment Appeal Board Order confirming the above settlement, the above pending litigation shall be dismissed with prejudice. Dated this 1t. day of /YI Q , 2010. CITY OF DUBUQUE DUBUQUE, (US Bank) BOAR. f REVIEW by: Barry A. Lindahl, Esq. Suite 330, Harbor View Place 300 Main Street Dubuque, IA 52001 -6944 (563) 583 -4113 Counsel for the Board of Review IN THE MATTER OF First National Bank of Dubuque, (US Bank) Petitioner - Appellant, vs. STATE OF IOWA PROPERTY ASSESSMENT APPEAL BOARD City of Dubuque Board of Review, Respondent-Appellee. Docket No. 09- 104 -0736 Parcel No. 10 -27- 152 -001 NOTICE OF VOLUNTARY SETTLEMENT TO: City of Dubuque, Iowa County of Dubuque, Iowa Dubuque Community School District Northeast Iowa Community college Dubuque County Hospital Dubuque County Agricultural Extension Service Conference Board of the City of Dubuque YOU ARE HEREBY NOTIFIED, pursuant to Iowa Code Section 441.44, that the above -named Appellant and the Dubuque City Board of Review, Appellee, have entered into a voluntary settlement of this assessment appeal. A copy of the proposed Stipulation of Settlement is attached hereto. This Stipulation of Settlement will be presented to the State Of Iowa Property Assessment Appeal Board for approval after fourteen days from the date of this Notice. Dated this 19 day of March, 2010. By Dubuque City Respondent of Review, Ilee Ba A. Lindahl, Esq., City Attorney Su - 330, Harbor View Place 300 Main Street Dubuque, IA 52001 -6944 (563) 583 -4113 Counsel for the Board of Review