Eagle Window and Door ProjectPrepared by Barry A. Lindahl 196 Dubuque Building Dubuque IA 52001 319583-4113
RESOLUTION NO. 68-00
RATIFYING THE EXECUTION AND DELIVERY OF A DEED TO
CERTAIN REAL PROPERTY IN DUBUQUE COUNTY, lOW A TO
OTTO A, LLC
WHEREAS, Resolution No. 82-99, adopted on February IS, 1999, approved the
Development Agreement providing for the disposition of the following described real property in
Dubuque County, Iowa:
Lot 3 of Kerper Industrial Park in the City of Dubuque, Dubuque County, Iowa,
according to the recorded plat thereof
AND WHEREAS, pursuant to said resolution, a Special Warranty Deed was executed by
the Mayor and City Clerk on February 14,2000, and delivered to Otto A, LLC on February IS,
2000.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
1. The execution and delivery of the above-described deed is hereby ratified.
2. The City Clerk is hereby directed to record a copy of this resolution with the Dubuque
County Recorder.
Passed, approved and adopted this 6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by:
Barrv A. Lindahl
196 CvCare Plaza. Dubuque. Iowa 52001
Phone: 319-583-4113
Tax Statement to:
Otto A, LLC
clo Hennan Ahlers
8000 West Spring Mountain Road
Las Vegas. NV 89117
SPECIAL WARRANTY DEED
.
KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a
municipal corporation of the State of Iowa (hereinafter "Grantor"), in consideration of
the Grantee named below undertaking the obligations of the Developer under the
Agreement described below and the sum of One Million Five Hundred Twenty-Nine
Thousand and no/100 Dollars ($1,529,000.00) in hand paid, and other good and
valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa,
does hereby GRANT, SELL AND CONVEY unto Otto A, LLC, a Nevada limited liability
company (herein "Grantee"), the following described parcel(s) situated in the County of
Dubuque, State of Iowa, to wit:
Lot 3 of Kerper Industrial Park in the City of Dubuque, Dubuque County, Iowa,
according to the recorded plat thereof.
This Deed is exempt from transfer tax pursuant to Iowa Code section 428A.2(6).
This Deed is given pursuant to the authority of Resolution No. 82-99 of the City
of Dubuque adopted February 15, 1999 the terms and conditions thereof, if any, having
been fulfilled.
This Deed is being delivered in fulfillment of the Grantor's obligations under and
is subject to all the terms, provisions, covenants, conditions and restrictions contained
in that certain Development Agreement, together with any amendments thereto,
executed by the Grantor and Grantee herein, dated February 15, 1999, (hereinafter the
"Agreement"), a memorandum of which was recorded on February 15, 2000, in the
records of the Recorder of Dubuque County, Iowa, Instrument Number /62-1
00.
Except as herein above provided, by this Deed the Grantor intends to and does
hereby convey to the Grantee, its successors and assigns, any and all rights of
reversion and all right, title and interest which the Grantor had or reserved unto itself or
which the Grantor had or acquired by reason of any ordinance or ordinances or
resolution or resolutions with respect to the property conveyed, whether or not such
ordinance or ordinances or resolution or resolutions are of record and intends to hereby
release and discharge any and all easements, reservations and restrictions that the
Grantor had or has with respect to the property conveyed, including but not limited to,
the reversions referred to at Book 32TL-312 and Book 110TL-636, 637, and including
but not limited to, the easements and restrictions referred to at Book 159TL, pages 550
and 551, Book 126TL-458, Book 183TL-367, Instrument No. 4617-85, and Book
202TL-629 and except as specifically shown on the Plat of Kerper Industrial Park,
Instrument No. 8607-99, the Flood Control Easement, Instrument No. 7298-72 and
except for those granted in this Special Warranty Deed.
Promptly after completion of the improvements in accordance with the
provisions of the Agreement, the Grantor will furnish the Grantee with a Certificate of
Completion in the form set forth in the Agreement. Such certification by the Grantor
shall be (and the certification itself shall so state) a conclusive determination of
satisfaction and termination of the agreements and covenants of the Agreement and of
this Deed with respect to the obligation of the Grantee, and its successors and assigns,
to construct improvements and the dates for the beginning and completion thereof, it
being the intention of the parties that upon the granting and filing of the Certificate of
Completion that all restrictions and reservations of title contained in this Deed be
forever released and terminated and that any remaining obligations of the Grantee
pursuant to the Agreement shall be personal only.
All certifications provided for herein shall be in such form as will enable them to
be recorded with the County Recorder of Dubuque Iowa. If the Grantor shall refuse or
fail to provide any such certification in accordance with the provisions of the Agreement
and this Deed, the Grantor shall, within twenty days after written request by the
Grantee, provide the Grantee with a written statement indicating in adequate detail in
what respects the Grantee has failed to complete the improvements in accordance with
the provisions of the Agreement or is otherwise in default, and what measures or acts
will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in
order to obtain such certification.
In the event that an Event of Default occurs under Section 7.1 of the Agreement
and the Grantee herein shall fail to cure such default within the period and in the
manner stated in Section 7.2 of the Agreement, then the Grantor shall have the right to
re-enter and take possession of the property and to terminate and revest in the Grantor
the estate conveyed by this Deed to the Grantee, its assigns and successors in
interest, in accordance with the terms of the Agreement.
None of the provisions of the Agreement shall be deemed merged in, affected
or impaired by this Deed.
The City hereby covenants to warrant and defend the said premises against the
lawful claims of all persons whomsoever claiming by, through and under it.
Dated this 14th day of February, 2000, at Dubuque, Iowa.
By: Terrance M. Duggan, Mayor
ATTEST:
By: Jeanne F. Schneider, City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
On this 14th day of February, 2000, before me a Notary Public in
and for said County, personally appeared errance M. Duggan and Jeanne F.
Schneider to me personally known, who being duly sworn, did say that they are the
Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that the seal
affixed to the foregoing 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.
Karen M. Chesterman
Notary Public in and for Dubuque County, Iowa
Prepared by Barry A. Lindahl 196 Dubuque Building Dubuque IA 52001 319583-4113
RESOLUTION NO. 68-00
RATIFYING THE EXECUTION AND DELIVERY OF A DEED TO
CERTAIN REAL PROPERTY IN DUBUQUE COUNTY, IOWA TO
OTTO A, LLC
WHEREAS, Resolution No, 82-99, adopted on February 15, 1999, approved the
Development Agreement providing for the disposition of the following described real property in
Dubuque County, Iowa:
Lot 3 of Kerper Industrial Park in the City of Dubuque, Dubuque County, Iowa,
according to the recorded plat thereof
AND WHEREAS, pursuant to said resolution, a Special Warranty Deed was executed by
the Mayor and City Clerk on February 14,2000, and delivered to Otto A, LLC on February 15,
2000,
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
I, The execution and delivery of the above-described deed is hereby ratified,
2. The City Clerk is hereby directed to record a copy of this resolution with the Dubuque
County Recorder,
Passed, approved and adopted this 6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
I, Jeanne F, Schneider, do hereby certify that I am the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such Clerk I have in my possession or have access to the
records of the proceedings of the City Council. I do further state that the
hereto attached Resolution No 68-00 is a correct copy of the original
Resolution No, 68-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 6th day of March,
2000,
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa,
Dated at Dubuque, Iowa this 7th day of March, 2000,
Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
Prepared by Barry A. Lindahl
196 Dubuque Building
Dubuque 1A 52001
319 583-4113
RESOLUTION NO. 69-00
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE
COUNTY, IOWA FROM JOHN P. MIHALAKIS AND RICHARD L.
BILLMEYER
WHEREAS, the City of Dubuque on February 15, 1999, entered into an
Agreement for the Exchange of Land with John P. Mihalakis and Richard L. Billmeyer
for the purchase of the following described real property in Dubuque County, Iowa:
Lot 3 of Kerper Industrial Park in the City of Dubuque, Iowa, according to the
recorded plat thereof, subject only to easements, restrictions, conditions and
covenants of record
AND WHEREAS, the terms of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
I. The City of Dubuque hereby accepts the Deed from John P. Mihalakis and
Richard L. Billmeyer, a copy of which is attached hereto.
2. The City Clerk is hereby authorized and directed to record this Resolution with
the Dubuque County Recorder.
Passed, approved and adopted this 6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Prepared by Louis P. Pfeiler, KANE, NORBY & REDDICK, I?C., 2100 Asbury Road, Suite 2, Dubuque, IA 52001 319/582,7980
Address Tax Statement: City of Dubuque, Iowa, City Hall, Dubuque, Iowa 52001
WARRANTY DEED
For the consideration ofTen Dollars ($10,00) and exchange of lands, JOHN p, MIHALAKIS and
LETHA A, MIHALAKIS, husband and wife, and RICHARD L. BILLMEYER and CYNTHIA A,
BILLMEYER, husband and wife, do hereby Convey to CITY OF DUBUQUE, lOW A, all of the
undersigneds' right, title and interest in and to the following described real estate in Dubuque County,
Iowa:
Lot 3 of Kerper Industrial Park in the City of Dubuque, Iowa, according to the recorded
plat thereof, subject only to easements, restrictions, conditions and covenants of record,
This deed is being delivered in fulfillment of the Grantor's obligations under and is subject to all
the terms, covenants, conditions and restrictions contained in that cenain Agreement for Exchange of
Land executed by the City and the Grantees herein, dated February 15, 1999, a memorandum of which
was recorded on the ~day of F'1Σ1.I/n'tA1 ,2000, in the records of the Dubuque County Recorder,
Instrument No, I ~ 2--0 -00,
Grantors do Hereby Covenant with Grantees and successors in interest that Grantors hold the real
estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate;
that the real estate is Free and Clear of all Liens and Encumbrances except as may be above stated; and
Grantors covenant to Warrant and Defend the real estate against the lawful claims of all persons 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,
Dated: January 14, 2000
John P. Mikalakis
Letha A. Mikalakis
Richard L. Billmeyer
Cynthia A. Billmeyer
STATE OF IOWA)
COUNTY OF DUBUQUE) ss:
On this 14th day of January, 2000, before me, the undersigned, a Notary Public in and for the
State oflowa. personally appeared John P. Mihalakis and Letha A, Mihalakis. husband and wife. AND
Richard L. Billmeyer and Cynthia A. Billmeyer, husband and wife, to me known to be the persons named
in and who executed the foregoing instrument, and acknowledged that they executed the same as their
voluntary act and deed.
Notary Public in and for State of Iowa
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 2, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Acceptance of Deed for Mihalakis Exchange Property and Ratifying Delivery of
Deed to Otto A, LLC.
Community and Economic Development Director Jim Burke is recommending City Council
adoption of resolutions accepting a deed from John Mihalakis and Richard Billmeyer and the
execution and delivery of a deed to Otto A, LLc. The deeds concern the recent closing on the
land for the Eagle Window and Door Company project.
I respectfully request Mayor and City Council approval.
Michael C. Van Milligen
MCVMldd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Community and Economic Development Director Jim Burke
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 29, 2000
TO:
Michael Van Milligen, City Manager
FROM:
James Burke, Community and Economic Development Director
SUBJ:
Acceptance of Deed for Mihalakis Exchange Property and Ratifying Delivery
of Deed to Otto A, LLC
INTRODUCTION
This memorandum recommends City Council adoption of two resolutions relating to the recent
closing on the land for the Eagle Window and Door Company project.
DISCUSSION
On February 15, in accordance with agreements previously adopted by City Council, we closed
the exchange of property with John Mihalakis and Richard Billmeyer and the sale ofland to Otto
A, LLC, Eagle Window's developer. At the closing, it was agreed that we would present two
resolutions to the City Council for action as required by the State's land title standards. These
resolutions were prepared by Corporation Counsel, Barry Lindahl.
The first resolution attached to this memorandum, provides for the City Council's acceptance of
the deed ITom Mihalakis and Billmeyer. It also directs the City Clerk to record the resolution as
required.
The second resolution ratifies the execution and delivery of a deed to Otto A, LLC, It also
directs the City Clerk to record a copy of the resolution.
RECOMMENDATION
I recommend that the City Council adopt the attached resolutions accepting the Mihalakis deed
and ratifying the execution and delivery of deed to Otto A, LLC.
RESOLUTION NO. 69-00
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE
COUNTY, lOW A FROM JOHN P. MIHALAKIS AND RICHARD L.
BILLMEYER
WHEREAS, the City of Dubuque on February 15, 1999, entered into an
Agreement for the Exchange of Land with John p, Mihalakis and Richard L. Billmeyer
for the purchase of the following described real property in Dubuque County, Iowa:
Lot 3 of Kerper Industrial Park in the City of Dubuque, Iowa, according to the
recorded plat thereof, subject only to easements, restrictions, conditions and
covenants of record
AND WHEREAS, the tenus of the Agreement have now been met.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, AS FOLLOWS:
I, The City of Dubuque hereby accepts the Deed from John p, Mihalakis and
Richard L. Billmeyer, a copy of which is attached hereto,
2. The City Clerk is hereby authorized and directed to record this Resolution with
the Dubuque County Recorder,
Passed, approved and adopted this 6th day of March, 2000,
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
WARRANTY DEED
For the consideration ofTen Dollars ($10.00) and exchange of lands, JOHN p, MIHALAKIS and
LETHA. A. MUJALAKIS. husband and wife, and RICHARD L BILLMEYER and CYNTHIA A.
BILLMEYER, husband and wife, do hereby Convey 10 CITY OF DUBUQUE, IOWA, all of the
undersigneds' righI, title and intcrcsl in and 10 Ihe following described real estate in Dubuque County,
Iowa:
Lot 3 of Kerper Industrial Park in the City of Dubuque, Iowa, according 10 the recorded
plat thereof, subject only to easements, restrictions, conditions and covenants of record,
This deed is being delivered in fulfillment of the Grantor's obligations under and is subjt:ct to all
the terms, covenant~. conditions and restrictions contained in that certain Agreement for Exchange of
Land executed by the City and the Grantees herein, dated February 15, 1999, a memorandum of which
was recorded on the 15th day of February, 2000, in the records of the Dubuque County Recorder,
Instrument No,1620-00.
Grantors do Hereby Covenant with Grantees and successors in interest that Grantors hold the real
estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate;
that the real es1ate is Free and Clear of all Liens and Encumbrances except as may be above stated; and
Grantors covenant to Warrant and Defend the real estate against the lawful claims of all persons except
as may be abovc stated, Each of the undersigœd hereby relinquishes all rights of dower, homestead and
distributive share in and to the real estate.
Words and phrases herin, including acknowledgment hereof, shall be construed as in the singular
or plural number, and as masculine or feminine gender, according to the context.
Dated: January 14, 2000
John P. Mihalakis
Letha A. Mihalakis
Richard L. Billmeyer
Cynthia A. Billmeyer
STATE OF IOWA)
COUNTY OF DUBUQUE) ss:
On Ihis 14th day of January, 2000, bâore me, the undersigned, a Notary Public in am.l for ¡he
State of Iowa, personally appeared John p, Mihalakis and Letha A. Mihalakis. husband and wife, AND
Richard 1.. Billmeyer and Cynthia A. Billrncycr, husband and wife, to me known [0 be the persons named
in and who executed the foregoing insIrumcnt. and acknowledged that they executed the same as their
voluntary act and deed.
Notary Public in and for State of Iowa
CERTIFICATE OF CITY CLERK
STATE OF IOWA
COUNTY OF DUBUQUE
I, Jeanne F, Schneider, do hereby certify that I arn the duly appointed,
qualified, and acting Clerk of the City of Dubuque, Iowa in the County
aforesaid, and as such Clerk I have in rny possession or have access to the
records of the proceedings of the City Council. I do further state that the
hereto attached Resolution No 69-00 is a correct copy of the original
Resolution No. 69-00 approved and adopted by the City Council of the City of
Dubuque, Iowa, at a session held by said Council on the 6th day of March,
2000,
In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa,
Dated at Dubuque, Iowa this 7th day of March, 2000.
Jeanne F, Schneider
City Clerk
City of Dubuque, Iowa
.