Letter on the Resolution for City to Repurchase Land for Five Flags_01.13.1977THE CITY OF
DUBUQUE
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Honorable Mayor and
Members of City Council
Dubuque, Iowa
Gentlemen:
GIL89RT O. CHAVENELLE . CITY MANAGER
C I T Y HALL . D U R U Q U E, I O W A g y O p 1
January 13, 1977
The enclosed resolutions pertain to the purchase of the necessary land in the
urban renewal project area by the City for the site of the Five Flags Civic Center.
In September of 1975 the Five Flags Center Fund purchased the east half of the
block fronting on Main Street between Fourth and Fifth Streets. This half block
included the Orpheum Theater. At the same time the Five Flags Center Fund
agreed to purchase in FebrT.iary of 1977 the west half of the same block. A11 of
this block except the land upon which the theater is situated will be used for the
new Civic Center.
Resolution No. 1 authorizes the City to repurchase for $80,257.60 the east
half of the block except that part upon which the theater is located. This is the
identical price Five Flags paid for the same land in 1975. The Five Flags Center
Fund will deed without charge the theater and theater site to the City at a later
date.
Resolution No. 2 discharges the Five Flags Center Fund from their obligation to
Purchase in February the west half of the block. This resolution also authorizes
the City to refund a $9,208.56 good faith deposit which the Five Flags Center
Fund paid in 1975 to secure the sale.
Resolution No. 3 authorizes the City to purchase for $92,085.62 the west half
of the block from the urban renewal project. This is the identical price that Five
Flags was obligated to pay for the same land. This resolution also sets forth a
number of conditions required by the Department of Housing and Urban Development
of public bodies which retain urban renewal land for redevelopment. These con-
ditions cover both the east and west halves of the block.
City Council -2- January 13, 1977
The total cost of the Five Flags Center site to the City is summarized as
follows;
East half of block excepting the theater $ 80, 257.60
West half of block 92,085.62
Total
$172,343.22
Respectfully submitted,
r / /
Z%�`
nt M. Wittenberg
Assistant City Manager
GMW/j
Enclosures
f -r
RESOLUTION NO. __L--76
AUTHORIZING THE REPURCHASE OF CERTAIN LAND IN THE DOWN -
DOWN URBAN RENEWAL PROJECT, IOWA R-15, FROM THE DUBUQUE
FIVE FLAGS CENTER FUND:
WHEREAS, under date of September 17, 1975, the City of Dubuque and the
Dubuque Five Flags Center Fund entered into a certain Agreement entitled "Contract
for the Sale of Land for Private Redevelopment" in connection with the Downtown
Urban Renewal Project, Iowa R-15; and
WHEREAS, under date of September 29, 1975, pursuant to the terms of said
Agreement, the City of Dubuque upon receipt of the appropriate purchase price con-
veyed to the Dubuque Five Flags Center Fund land legally described as Lot 1 of
Block 15 in Dubuque Downtown Plaza in the City of Dubuque, Iowa; and
WHEREAS, under date of August 17, 1976, a bond proposition in the amount of
$3,700,000 was duly carried and adopted at a Special Election by the voters of the
City of Dubuque to construct and equip and to acquire a site for a Civic Center; and
WHEREAS, the site for the construction of the said Civic Center includes the
unimproved portion of said Lot 1 of Block 15 in Dubuque Downtown Plaza; and
WHEREAS, the Dubuque Five Flags Center Fund, organized for the purpose of
developing a Five Flags Center, has pursuant to the terms of the said Agreement, com-
pleted the renovation/restoration of the improvements located on the southerly 63.6 feet
of the easterly 114 feet of said Lot 1 of Block 15 in Dubuque Downtown Plaza and has
consented and agreed to the voluntary resale of the balance of said Lot 1 to the City
of Dubuque, Iowa; and
WHEREAS, the intent of this Resolution is to authorize the City of Dubuque to
repurchase from the Dubuque Five Flags Center Fund the balance of Lot 1 of Block 15
in Dubuque Downtown Plaza at the same unit price at which the said property was
purchased by the Dubuque Five Flags Center Fund, and for the City of Dubuque to
struct upon said property and certain adjacent property a Civic Center.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY C
DUBUQUE, IOWA:
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Section 1. That it is hereby found and determined necessary for the purpose
of providing a site for the construction and equipping of a Civic Center thereon to
reacquire Lot 1 of Block 15 in Dubuque Downtown Plaza excepting therefrom the
southerly 63.6 feet of the easterly 114 feet in the City of Dubuque, Iowa, from the
Dubuque Five Flags Center Fund.
Section 2. That the City Manager be aid he is hereby authorized and directed
to do any and all things necessary and requisite to repurchase the above described
land from the Dubuque Five Flags Center Fund.
Section 3. That the Director of Finance be and he is hereby authorized and
directed to draw his warrant of warrants against the Civic Center Bond Fund in the
amount of $80,257.60 in favor of the Dubuque Five Flags Center Fund, and which
amount represents the fair market value of the land as paid by the Dubuque Five Flags
Center Fund to the City of Dubuque under date of September 29, 1975.
Section 4. That the redevelopment and use of the land together with certain
adjacent land for the Civic Center shall be subject to the provisions of a resolution
adopted this same day to assure the Secretary of Housing and Urban Development
that the City of Dubuque will conform to the Urban Renewal Plan for the Downtown
Urban Renewal Project, Iowa R-15; the Contract for Loan and Grant dated July 26,
1967; and that certain covenants will run with the land.
Section 5. That the terms, provisions, covenants, conditions and restrictions
contained in a certain Agreement entitled "Contract for the Sale of Land for Private
Redevelopment' executed on September 29, 1975, by and between the City of Dubuque
and the Dubuque Five Flags Center Fund and which Agreement is recorded in the Office
of the Recorder of Dubuque County, Iowa, as Instrument No. 6991-75, are hereby
declared null and void and of no effect as they pertain to Lot 1 of Block 15 in Dubuque
Downtown Plaza excepting therefrom the southerly 63.6 feet of the easterly 114 feet
in the City of Dubuque, Iowa.
Section 6. That in order to accomplish the various provisions as hereinbefore
set forth, the City Clerk is hereby authorized and directed to cause a certified copy
of this Resolution to be recorded among the land records in the Office of the County
Recorder in and for Dubuque County, Iowa.
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Passed, approved and adopted this
1976. day of
Ma yor
Councilmen
ATTEST:
City Clerk