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Klauer Property Acquisition for the Riprow Valley Developement CITY OF DUBUQUE, IOWA MEMORANDUM June 15, 2000 To: The Honorable Mayor and City Council From: Michael C. Van Milligen, City Manager RE: Klauer Property Acquisition for the Riprow Valley Development For the past several months, a group of citizens and City staff has been working on plans to acquire and develop the property in the Riprow Valley currently owned by Bob Klauer. These people represented the Friends of the Mines of Spain, Sisters of Charity, Riprow Valley Coalition, Catfish Creek Coalition, Iowa Natural Heritage Foundation, Dubuque Independent Softball League, and the Iowa Department of Natural Resources. The result of their efforts is a proposal for the acquisition and development of this property into a complex with a prairie land, a park to view the Mississippi River, and softball fields. The project will convert land formerly used for industrial purposes into an area which will be used by the community for recreation. This project, while only in the early stages, is an example of how success comes through community partnerships. Through the extraordinary efforts of Ms. Regina Thibeau, the partnerships were formed to make this phase of the project successful. The funding commitments have been secured to purchase the property. I commend her for her efforts and those who worked to make this part of the project a reality. While there is still much work to do, the strong partnerships will ensure that the rest of the project will be completed. Assistant City Manager Tim Moerman is recommending approval of the purchase agreement, contingent upon receiving the documents with signed guarantees. I concur with the recommendation and respectfully request Mayor and City Council approval. ~~~ . .. n'< lchael C. Van Mllhgen i ; . ..~ t" ,.-..1 .::....J :.:0 , (1 C-j () [-:-1 -..~} -' ...... .e- m 0 _. 0 cc: Barry Lindahl, Corporation Counsel Tim Moerman, Asst. City Manager Mr. Robert Klauer Ms. Regina Thibeau ~____ C) )> ~8 (1) o~~ /~U~ V; c; /37 o#~ c;~r{J CITY OF DUBUQUE, IOWA MEMORANDUM June 15, 2000 To: Michael C. Van Milligen, City Manager From: Tim Moerman, Assistant City Manager RE: Klauer Property Acquisition for the Riprow Valley Development Purpose The purpose of this memo is to update you on the efforts to acquire the property in the Riprow Valley from Bob Klauer and develop it for public use, and to make a recommendation on the acquisition ofthe property. Background For the past several months, City staff has been involved in discussions with several persons interested in the acquisition and development of the property in the Riprow Valley currently owned by Bob Klauer. These people represented the Friends of the Mines of Spain, Sisters of Charity, Riprow Valley Coalition, Iowa Natural Heritage Foundation, Dubuque Independent Softball League, and the Iowa Department of Natural Resources. Separate discussions have been held with Bob Klauer on this issue. A map of the property is attached. The many discussions between the parties resulted in the identification of several opportunities and challenges in acquiring and developing the property. The first action of the group was to prepare a list of actions to complete for the acquisition and development of the property. The project was divided into four phases for development. Phase I is the development of the former water pollution control plant near the river into a prairie area. Phase II of the project is to acquire the property from Bob Klauer. Phase III is the grading and preparation of the property which housed the Koch sulfur plant for development as a softball complex. Phase IV is the actual development of the site as a softball complex. The estimated costs and the proposed sources of revenue were summarized and are attached. The IDNR has indicated a strong interest in leasing this seven acres of land from the City and making the improvements which would tie into the Mines of Spain. They would lease the property for a nominal fee and assume all development and management costs. Discussion Property Acquisition The primary focus of the group for the past several months has been to acquire the property from Mr. Klauer. Representatives from the group have had many discussions with Mr. Klauer to develop a purchase agreement with terms of the sale. A copy of the purchase agreement is attached. Mr. Klauer is offering the property for sale to the City for $580,000. He has agreed to accept a cash payment for less than the $580,000 and allow the City up to 36 months to make the final payment. The City and the other members of the group will partner to raise the remaining obligation through the acquisition of grants and donations. Mr. Klauer will charge 6% interest on the unpaid balance. The group has also been working to identify funds to acquire the property. At this time, the cost ofthe property, the sources of funds for the project, and the funds yet to be acquired are: Purchase Price of the Property Revenues Cost $580,000 City of Dubuque (Water Pollution Control Plant) Land and Water Conservation Grant Blufflands Preservation (Iowa Natural Heritage Foundation) Private Donation Private Donation Cash Donations and Pledges (projected by closing) Total Available Funds $100,000 $ 50,000 $ 30,000 $ 40,000 $ 40,000 $ 80.000 $340,000 ($340.000) Total funds to acquire through grants and private donations $240,000 Final P&)'ment Guarantee The funds collected by the closing date of the sale will be paid to the owner and the remaining amount will become an obligation of the City through the purchase agreement. The obligation must be met within 36 months. However, the City has received commitments from private individuals to provide a guarantee for the remaining obligation. Corporation Counsel Barry Lindahl has worked extensively with the attorney for the private individuals to prepare the form of the guarantee. The guarantee contains a provision which restricts the use of the property to recreational and open space uses. The purpose of this language is to provide assurance to the private individuals on the use of the property until a permanent easement can be obtained. A copy of the guarantee is attached. All of the persons who made commitments to signing the guarantee are not available to sign the document prior to the City Council meeting. However, the City will require the receipt of the signed guarantee prior to signing the agreement to purchase the property from Mr. Klauer. Conservation Easement As stated above, the private individuals guaranteeing this purchase are requesting the City's approval of a conservation easement for the property. The conservation easement will state that the City will Dnly use the property in the future for recreational and open space uses. This a permanent easement on the property. The details of the conservation agreement have not been finalized at this time. Upon completion of the property transaction, the final document will be prepared and presented to the City Council for approval. Water Pollution Control Plant Expansion Option One ofthe concerns the City has with this restricted use is the potential that the Water Pollution Control Plant may need to expand in the future. While there is ample capacity in the plant for the foreseeable future, it is wise to preserve the ability to expand. The conservation easement will include a provision which allows the City's Water Pollution Control Plant to extend southerly 500 feet onto the property for expanding the facilities. Environmental Conditions The property considered for purchase is the former site of the Koch sulfur plant. The City conducted and environmental analysis in April to determine if any environmental problems existed on the site. The results ofthe analysis were very positive with no significant problems. The Iowa Department of Natural Resources and the U.S. Environmental Protection Agency both submitted "No Further Action Letters" to the City for this property. Softball Complex There is interest by the Dubuque Girls Independent League to construct a softball complex on the site. I have held several discussions with them to determine the need for additional fields, their interest in developing and managing the site, and their ability to do so. They have repeatedly stated that they have the capacity within their organization to both develop and manage a softball complex. I have asked them for a comprehensive plan for developing site, including the necessary financial support. A plan will be presented to the City Council in the future prior to any activity being done on the site. Conclusion The individuals in the group have worked very hard to put together a plan for the acquisition and development of this property which meets the needs of all parties. Regina Thibeau, in particular, made extraordinary efforts to build the partnerships for financing the acquisition of the property purchase. I am recommending the City Council approval of the purchase agreement, the acceptance of the personal guarantees, and the conservation easement on the property. ...... Q) Q) LL o o ,.- o o o ,.- .+ a..g :c~ C/)-=- a:~ Wo Z: S~ OQ) ca -c >-~ W~ .-JE .-J~ <C~ >~ S~ O~ a:~ a..m -.... a:~ -g g- .~ 1f ~ ~ ~ a ~J:j.",el./j~ idl ~ l!"~ ~.~ <= i ~ !ji gvi'u 'g.. ,di ! !l ~:!!g fJ :; ~ . :~ "- l'l ~ i l<! "" I @ ~ i!....-r "" 5t. .J!l ~~ ':; .gIll.. i :jj.Jjr~l~~ al ",~ilj~Il'lli Riprow Valley Development Projects Estimated Costs and Sources of Revenue Project Component Phase I - Prairie Area Development Former Water Pollution Control Plant: Development of Prairie Area Mines of Spain Development Phase II - ACQuistion of the Site Klauer Property: Land Acquisition Water Pollution Control Funds Private Contributions Land and Water Conservation Grant Private Contributions and Foundations Phase III - Site Grading and Preparation Klauer Property: Asbestos Removal Building Demolition Site Grading and Adding Topsoil Water/Sewer Utility Services Community Development Block Grant Funds Water and Sewer Funds Grants and Private Contributions Phase IV - Softball Complex Development Klauer Property: Softball Field Development Fencing Infields Seeding Lighting Parking Lot Restrooms/Concess. Private Contributions Estimated Costs and Sources of Revenue Estimated Cost Revenue Sources $ 150,000 $ 150,000 $ 580,000 $ 100,000 $ 130,000 $ 100,000 $ 250.000 $ 580,000 $ 20,000 $ 30,000 $ 165,000 $ 20.000 $ 235,000 $ 50,000 $ 20,000 $ 165.000 $ 235,000 $ 42,000 $ 45,000 $ 15,000 $ 90,000 $ 75,000 $ 150000 $ 417,000 $1,382,000 $ 417.000 $1,382,000 Barry A. Lindahl 196 Dubuque Building, Dubuque IA 52003 319 583-4113 OFFER TO BUY REAL ESTATE A.."I,1) ACCEPTANCE TO: Robert D. Klauer and Livija Klauer, Sellers: 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Dubuque County, Iowa, described as follows: Lot One (I) of the Subdivision of Lot One (1) of the Northwt:st Fracrian.al Quartet of the Northust Quarter and Lot One (I) of the Subdivi~ion of Lol One (1) of Fraction.a.! Government Lot One (1), all in Section Six (6), TOWOlibip Eighty-eight (88) J\ortb, Range Three (3) East of the Fifth Principal Meridian, all ~ ShOWD by recorded plat thereof, containing an area ofnincteen aIld ninety-seven hundred1hs (J9.97) acres, more or Jess; And Lot "A" of Government Lot One (I) in Section Six (6), Township Eight)- eight (88) North., Range Threi! (3) East of Fifth Principal Meridian, Dubuque County, of Du':luque, Iowa, and Lot One (1) of Rock Cut Subdivision in the City of Dubuque, Iowa, all shawn by recorded plats thereof, containing ~ Me4 of one and thirty-two h\lll~ (1.32) acres, more or less. designated the Ro;aJ Estate. 2. PRICE. The purchase price shill be S 580,000.00, payable at Cif). Hall, Dubuque, Iowa, as follows: S 320,lID payable upon acceptance of this Offer, S to be paid at the time of closing. and the balance of S 260, lID to be paid purSl.Wlt to a Promissory Note in the form att.ached hereto. 3. REAL ESTATE TAXES. Sclkn shall pa)' all real mate taxes for the year currently payable and any Wlpaid t'Cal estate taxes payable in prior yem. Buyer shall pay all $ubsc:qurot real estate taxes. Any proration of real estate wes on the Ileal Estate lha.1.I be ba.<ocJ upon su::h taxes for the year cur.ently payable unless the parties state othetwUe. 4 SPECIAL ASSESSMEl\lS. (!{ yf,/( a. Sellen slull pay all special assessments which aR dllc and payable as of the date of acceptmce of this offer b. All other special assessments shall be paid by Buyer. 5 RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real ES1atc to Bllyer shall be as follows: All risk of loss shall remain witl1 Sellets until possession of the Real Estate shall be delivered to Buyer. 6. CARE A.'ID MAINTENANCE. The Real Estate, but not including any struetures thereon. shall be preserved in its prescnt condition 81ld delivered intact at the time posse$sion is delivered to Buyer, Sellers shall have the right to remove the C011tcnU of the tnulding 7. POSSESSION. If Buyer timely performs all obligations, possession of the Real :Estate shall be delivered to Buyer on such date as the parti~ sball mutUally agree but not later than June 30,2000, with any adjustment.> of rent, insurance, and interest to be made as of the date ofn-ansfer of possession. 8. USE OF PURCHASE PRICE. . At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire Outstalldiog interests, if any, of others 9. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued throuib the date of acceptance of this offer, and detivet it to Buyer for examination. It shall show merchantable title ir1 Sellers in conformity with this agreement, Iowa law and Title Standardl of tM Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full. Sellers shall pay the costs of any additional abstracting aod title work due to any act or omission of Sellers, in~luding transfers by or the death of SelJers or their assignees. 10. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or its assignees, by Wammty Deed, free and clear of allliecs, reStrictions, and eccumbrances Any general warranties of title shall extend only to the time of aoeeptanoe of this off:r, with special Wa.!Tanties as to acts of Sellers continuing up to time ofdelhery of the deed. II. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, imrnedia1ely preceding acceptance oflhis offer, hold title to the Real ES1ate in joint tenancy with full rigttt of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellm, then the proee.eds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivon;bip and not as tenants in common; and Buyer, in the even! of the death of either Seller. agree to pay any balance of the price due SeUers under this contract to the surviving Seller and to accept a deed from the sUlViving SeUer consistetlt v.ith paragraph 10. Gl -;;Ir 12. JOINDER BY SELLER'S SPOUSE. Seller's spouse, jf not 8 titleholder ;m...Mi..tely preceding acceptance of this offer, eXei;UleS this lXlIJUact only for the purpose of relinquishing all rights of clower, homestead and distributive shares or in compliance with Section 561.13 ofb Iowa Code and agreei to execute the deed or real estate contract for this purpose. 13. TIME IS OF THE ESSENCE. Time is of the essenee in this contract. This contract is effective for all purposes June 30, 2000. 14. REMEDIES OF THE PARTIES . a. If B~r fails to timely perform \hi$ contract, SeUers may forfeit it as provided ID the Iowa Code, lII1d all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due: and payable. Thereafter this contract may be foreclosed in equity and the Buyer sha11 have the right to have all payments made returned to tbem. b. Buyer and Sellers also are entitled to utilize any and all other remedies or IICtions at law or in ~uity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. IS. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract sball apply to and bind the successon in interest of the parties. 16. CONSTRUCTION. WOfds and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 17. TJME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before June 10,2000 it shall become void and all payments shall be repaid to the Buyer. 17. OTHER PROVISIONS. a. Sellers shall in the deed assign to Buyer all indeIJlIlification agreements from Koch Sulfur Products Company to Sellers indemnifying Buyer from claims relating to the enwonmental conchtion of the Real Estate. b. This Offer is subject to and CQnditioned upon fin.al approval by the City Council oftbe Cit). of Dubuque Dated: June--, 2000. Buyer City of Dubuque Ql .~*- THIS OFFER IS ACCEPTED o Seller D. Klauer 'v~ , 'aJ.if~/ auer ~ ,;;/.I<- PROMISSOltY NOTE Dated: July I, 2000 FOR VALUE RECEIVED, the City of Dubuquc, Iowa (City), promises to pay to Robert D, Klauer and/or LivijB lUauer (Klauer) as jointtenants with the right of survivorship the sum of S 260,cro.OO on July 1> 2003, with interest at the rate of six percent (6.0"10) per anDUID on the unpaid balmce, City may prepa}' principal and intere!tt but lIllly upon mutUal consent of the parties. ~ eAllLle F. Sehneider, City Clerk City of Dubuque. Iowa .. ((P" GUARANTY AGREEMENT This Guaranty Agreement is made and entered into this _ day of July, 2000, by and between the City of Dubuque, Iowa (the City) and (Guarantors). Whereas, the City is considering entering into an agreement (the Agreement) for the purchase of certain real property, to be used for park and recreation purposes, and for the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the subject real property, a copy of which Agreement is attached hereto as Exhibit A; and Whereas, the City does not have available sufficient funds for the purchase pnce payable under the Agreement; and Whereas, the City intends to raise the additional funds necessary for the purchase of the real estate from state and federal grants; and Whereas, in the event the City is unable to raise all of such required additional funds, the City will require guarantors to ensure payment on behalf of the City of a portion of the purchase price; and Whereas, Guarantors are supportive of the City in its commitment of the real property to park and recreation usage, and the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the real estate; Now, therefore, in consideration of the mutual promises herein contained, it is agreed by and between the parties as follows: 1. Upon and after execution of the Agreement, the City shall exert its good faith efforts to raise the balance payable under the Agreement prior to July I, 2003, and shall keep the Guarantors advised, promptly upon the Guarantors' reasonable demands, of its efforts and success in securing the required funding from state and . federal grants. 2. If the City is unable through its good faith efforts to raise the purchase price payable under the Agreement, the Guarantors agree to pay on July 1,2003, on the City's written demand therefore making specific reference to this Guaranty and the amount to be paid, to the City or directly to the Vendor under the Agreement for the benefit of the City, a sum of money equal to the difference between the balance payable under the Agreement and the funds raised by the City, but not to exceed $240,000.00. The City agrees that in satisfaction of his, her or its obligation under this Guaranty, any Guarantor may make a required payment through the Catfish Creek Coalition or another income tax-exempt entity as an intermediary, which payment shall be applied to the credit of the Guarantor causing such payment to be made. 3. The City shall notify each Guarantor in writing of the amounts, if any, remaining to be raised on the dates 90, 60, 30 and 5 days before July 1, 2003. 4. The City agrees that it will restrict use of the property to recreational and open-space uses, and it will not permit use for commercial, industrial or residential purposes, except that, if necessary, the City may expand its existing water pollution control plant on the Westerly 500 feet of the property. 5. Among themselves, the Guarantors agree to contribute pro rata, per-capita to the amount, if any, required to be paid under this Guaranty Agreement. In the event an individual Guarantor has contributed more than his, hers or its pro rata share, he, she or it may recQver such over-payment from any Guarantor who has not contributed such a pro rata share, together with the costs of such recovery, including reasonable attorneys' fees and expenses. 6. This Guaranty Agreement shall be binding upon the parties, their heirs, successors and assigns. City of Dubuque, Iowa By(f Terrtnce M. Duggan, Attest: ~bZ~~~ ll!i:~~eider, City Clerk Jeanne [Guarantors] By: Title: Address: . Barry A. Lindahl 196 OI.1buque Building, Dubuque IA 52003319583-4113 OFFER TO BUY REAL ESTATE A."m ACCEPTANCE TO: Robert D. Klauer and Livija Klauer, Sellers: I. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Dubuque County, Iowa., described as follows: Lot One (1) of tile Subdivision of Lot One (1) of the Northwtst Fractional Quarler oftbe Northeast Quarter and Lot One (1) of the SubdiviJion of Lot ODe (I) of Fractional Government Lot One (I), all in Section Six (6), Township Eighty-eight (88) }l:orth, Ilanie Three (3) Ea&t of the Fifth Principal Meridian, all &.\ ShOWD by teCDrded plat thereof, containing an area of nineteen and ninety-seven hundredths (1997) acres, more or less; . And Lot "A" of Govel1llDent Lot One (1) in Section Six (6), Township EiJht)- eight (88) North, Range Three (3) East of Fifth Principal Meridian, Dubuque County, of Dubuque, Iowa, and Lot ODe (1) of Rock Cut Subdivision In the City of Dubuque, Iowa, all ahewn by recorded pIau thereof, containing an area of one IIld thilty.two hundredths (1.32) acres, more or less. designated the Real Estate. 2. PRICE. The purchase price sJu.ll be S 580,000.00, payable at City. Hall, Dubuque, Iowa, as follows: S 320,001 payable upon acceptance of this Offer, S to be paid at the time of closing. and the balance of S 260,001 to be paid purS\l8llt to a Promissory Note in the form attached hereto. 3. REAL ESTATE TAXES. Sellen shall pay all real estate taxel for the year currently payablc and any unpaid teal estate taxes payable in prior years. Buyer shall pay all 5Uhscquent real estate taxes Any proration ofreal estate wes on the Ileal Estate Iha1.I be ba<.eJ upon such taxes for the )'ear currently payable unless the parties state otherwise. 4 SPECIAL ASSESSMEKrS . flt crf?( , . . '. rn~ a. Sellers sbaI1 pay all !peCial assessments wbi,h arc due and payable as of the date of a"eptaDce of this oireT. b. All otheT spe,ial aasossments shall be paid by Buyer. S. RISK OF LOSS AND INSURANCE. Risk of 1088 pl'ior to Seller's delivery of possession of the Real Estate to Buyer shall be as follows: All risk of loss shall remain with Sellm \lD.til possession of the Real Estate sha1l be delivered to Buyer. 6. CARE AND MAINTENANCE. The Real EstSe, but not includinC any struCtures lheteon. shall be preserved in its prClGDt tOndition and delivered inlaCt at the time possession is delivered to Buyer. Sellm shall have the right to remove the COl1tenU of the bwlding. 7. POSSESSION. If BUYeT timely perf01lllS all obligations, possession of the Real Estate sba.LI be delivered to BUYeT on sllCh date as the parties shall mutUally agree but not latet than June 30,2000, with any adjustments of rent, insuran,o, and interest to be made as of the date oftransfeT ofpossession. 8. USE OF PURCHASE PRICE. At Time of seUlem.ent, funds of the purchase price may be used to pay taxes and other liens and to acquire outstandiog interests, if any, of others. 9. ABSTRACT AND TITLE. SelleTs, at their expense, shall promptly obtain an abstract of title to the Real Estate continued throuib the date of ~ of this otm, aDd delivCT it to Buyer for examination. It sha1l show meTchantable title irt Sellen in ronformity with this agreement, Iowa law and Title StandlIrds of the Iowa State Bar Association. The abstract shall beoome the property of the Buyers when the purchase price is paid in full. Sellers shall pay the costs of any additional abstraetini and title work due to any act or omission of Se1lm, iDcludil'lg transfers by or the death of Sellers or their assignees. 10. DEED. Upon payment of the purchase pric:e, Sellers shall convey the Real Estate to Buyer or its assignees, by Warranty Deed, free and clear of all liens, reStrictions, and encumbrances AJ1y general WlIItU1ties of title shall extend ODly to the time of acceptance of this offer, with special wmanties as to acts of ScUm continuing up to Time of delivery of the deed. 11. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, iJmnediarely prec:ecling acc:eptance of this offer, hold title to the Real &tate in joint tenancy with full right of survivonhip, and the joint tcrIlII1C)' is not later dewoyed by operation of law or by acts of the ScUers, then the proceeds of this sale, and any continuing or recaptum! rigbts of SeUers in the Real Estate, shill belong to Seners lIS joint tOlWlts with ful1 ri&hts of survivorship and not 85 tenants in common; and Buyer, in the event of the death of eithCT Seller, agree to pay any balllllCe of the price due SelleTs under tbis contract to the surviving Seller and to accept a deed from the surviving Seller oonsisterrt v.itb. paragraph 10. 1760'ON ~H9 99;; 6,~ .. 'l3S"IlOJ '&l0J 'E11la .:IJ AllJ 17c:90 I Ij , I ~ ~ --9'?L 0111/17\'1/90 . 12. JOINDER BY SELLER'S SPOUSE. Seller's apoust, jf not 8 titleholder im......ml\tely preceding acceptance of this offer, exe<:ures this ~tract only for the purpose of relinquisbing all rights of dower, homestead and distributive shares or in compliance with SC4:lion 561.13 of tile Iowa Code IIIld a.grees to execute the d=d or real estate contract for this purpose. 13. TIME IS OF THE ESSENCE. Time is of tile esseoce in this llOI1trac:t. This contract i& effective for all purposes 11111e 30, 2000. . 14. REMEDIES OF THE PARTIES a. If Bu~ fails to timely perform lbiJ contract, Sellers may forfeit it as provided in the Iowa. Code, and all payments made shall be forfeited or, at Sener's option, upon thirty days written notice of inteDrion to accelerate the PlIYIIlent of the entire balance because of such failure (during which thirty days such failure is not corrtllllcd) Sellers mil)' dec:lare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity IIIld tile Buyer shaI1 have the ri~ to have all payments made returned to them. b. Buyer and Sellen also me entitled to U1illze any and all other remedies or actions aLlaw or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as pennitted by law. 15. CONTRACT BINDING ON SUCCESSORS IN INTEREST. Ibis contract sball apply to and bind the successon in interest of tile parties. 16. CONSTRUCTION. WOl'ds aod phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 17. TIME FOR ACCEPTANCE. If this offer is not ac:cepted by SeIlers on or before June 10,2000 it shall bec:om.evoid and all payments sball be repaid to the Buyer. 17. OnmR. PROVISIONS. a. Sellers shall in the deed assign to Buyer all indemnifiCAtion agreements from Koch Sulfur Products Company to Sellers indemnifying Buyer from claims relating to the environmental c:ondition of the R.eal Es1ate. b. This Offer is subject to and conditioned upon fin.al approval by the City Council oCthe City of Dubuque. D 2000. . t>00 1760 . ON 17c : 90 00/t>0/90 >:n9 9s;f; 6!Z .. l3SNlCO '&l0J 'ana =0 A1IJ I : j , ,I I, I , (2( d?< .. . . . ga~ nus O'f'FER IS ACCEPTED 00 I Seller D. Klauer 17m "ON S;:H9 99.; 61:S;: .. l3SNlo) "&;O) "ana =IJ All) 17<:::90 1:1 \. J , (2C of~ 011V170/90 . . I' II . PROMISSORY NOTE Dated July 1, 2000 FOR V ALOE RECEIVED, the City of Dubuque. Iowa (City). promises 10 pay 10 Robert D. Klauel aodIor Livija Klauer (Klauer) as joinUenanu with the right of survivorship the sum of $ 260.cro.OO on July 1,2003, with interest at the rate of six pen:ent (6.0%) per annum on the unpaid ba1m~. City may prepay principal and intereitt but only upon mutUal cODJenl of the parties. City of Dubuque:, Iowa Terr ~/ ./-- ~'-)) Attest' /~/X~/)~-/.-/v/,~/ ~/J V canoe F. Schneider, City Cler . . . . ()J(Jt~ GUARANTY AGREEMENT This Guaranty Agreement is made and entered into this 30th day of June 2000, by and between the City of Dubuque, Iowa (the City) and (Guarantors). Whereas, the City is considering entering into an agreement (the Agreement) for the purchase of certain real property, to be used for park and recreation purposes, and for the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the subject real property, a copy of which Agreement is attached hereto as Exhibit A; and . Whereas, the _CityAcle~nq..t ~l!'!:.e availabl~ _sufficient funds for the purchase price payable under the Agreement; and- - - - p - . Whereas, the City intends to raise the additional funds necessary for the purchase of the real estate from state and federal grants; and Whereas, in the event the City is unable to raise all of such required additional funds, the City will require guarantors to ensure payment on behalf of the City of a portion of the purchase price; and Whereas, Guarantors are supportive of the City in its commitment of the real property to park and recreation usage, and the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the real estate; Now, therefore, in consideration of the mutual promises herein contained, it is agreed by and between the parties as follows: 1. Upon and after execution of the Agreement, the City shall exert its good faith efforts to raise the balance payable under the Agreement prior to July 1,2003, and shall keep the Guarantors advised, promptly upon the Guarantors' reasonable demands, of its efforts and success in securing the required funding from state and . federal grants. 2. If the City is unable through its good faith efforts to raise the purchase price payable under the Agreement, the Guarantors agree to pay on ~u1y 1, 2003, on the City's written demand therefore making specific reference to this Guaranty and the llffiOunt to be paid, to the City or directly to the Vendor under the Agreement for the benefit of the City, a sum of money equal to the difference between the balance payable Wlder the Agreement and the funds raised by the City, but not to exceed $140,000.00. The City agrees that in satisfaction of his, her or its obligation Wlder this Guaranty, any Guarantor may make a required payment through the Catfish Creek Coalition or another income tax-exempt entity as an intermediary, which payment shall be applied to the credit of the Guarantor causing such payment to be made. 3. The City shall notify each Guarantor in writing of the amoWlts, ifany, rem~ining to be raised on the dates 90, 60, 30 and 5 days before July 1,2003. 4. The City agrees that it will restrict use of the property to recreational and open-space uses, and it will not permit use for commercial, industrial or residential pwposes, except that, ifnecessary, the City may expand its existing water pollution control plant on the Westerly 500 feet of the property. 5. Among themselves, the Guarantors agree to contribute pro rata, per-capita to the amoWlt, if any, required to be paid under this Guaranty Agreement. In the event an individual Guarantor has contributed more than his, hers or its pro rata share, he, she or it may recover such over-payment from any Guarantor who has not contributed such a pro rata share, together with the costs of such recovery, including reasonable attorneys' fees and expenses. 6. This Guaranty Agreement shall be binding upon the parties, their heirs, successors and assigns. [Guarantors] Afe,u:z&-<J -di~<-- Guarantor: M~Thibeau ~/J " &.B Lyon Cha . Firstar Bank N.A.JTrustee ~ ~~~ Speltz, T.O. Cu. of} Jeffrey T .Bertsch . . i ~ MISSISSIPPI RIVER MUSEUM . DUBUQUE COUNTY HISTORICAL SOCIETY June 12,2000 The Honorable Mayor and City Council Members c/o City Clerk's Office City Hall 50 W. 13th St. Dubuque,IA 52001 Dear Mayor Duggan and Members of the City Council: On behalf of the Dubuque County Historical Society, I would like to express our support for the Riprow Valley Park Development and encourage your continued support. The Riprow Valley is an important historical resource of our city and of the state. We encourage you to go forward with the purchase agreement of the 19 acre Klauer property. We are confident the Riprow Valley Committee and Coordinator Regina Thibeau have the capacity to gamer sufficient resources for the acquisition funds. We believe the conversion of the two under utilized industrial parcels at the "Rip Row" Valley will compliment the vision of the America's River project and will offer additional tourism amenities in Dubuque. Thank you for your part in facilitating this community partnership. We look forward to its eventual success. V/ \ml~'nqno 8:J!JjO S, ' '~l!J :; S :/ I ~IV r I Nnr 00 03/\I;J;J::itJ P.O. Box 266 . Dubuque, Iowa 52004-0266 . (319) 557-9545 . Fax (319) 583-1241 June 12,2000 The Honorable Mayor and City Council Members c/o City Clerk's Office 50 W. 13th street Dubuque,Ia.52001-4845 Dear Mayor Duggan and Members of the City Council: the This The membership of the Dubuque Audubon Society endorses purchase and development of the Riprow Valley property. unique, historical site needs to be restored and preserved. We are impressed with the achievement of the Riprow Valley Committee to this point and are confident they will see this project through to completion. We ask that the City Council would do all in its power to ensure that this site may be purchased and preserved. The Council's cooperative involvement is a very positive action, enhancing the future of our community. On behalf of the Dubuque Audubon Society, Margreet J. Ryan 'i~v-eJ J-~~ President LJI '~rr"'-n \7 <:::h If.)::q 0 60!40 ";'Ilr:) A)O 8S :6 WlJ lJ I f\nr 00 031\13J38 ~~ue qiIIIJ. !J,",-e.pe"Je~ g~ .1!eCUjlle .R June 10, 2000 The Honorable Mayor and City Council Member c/o CitY Clerk's Office 50 W. 13th St. Dubuque, Iowa 52001-4845 Dear Mayor Duggan and Members of our City Council: On behalf of the Dubuque Girls Softball League, we would like to express support for the Riprow Valley Park Development. The park location and design will serve to enhance an important recreational resource of our city and state. We encourage you to support the purchase agreement of the 19 acre Klauer property. We are confident that enough citizens are interested in seeing more ball fields and are willing to support our expenses on building the fields. Along with the Riprow Valley Committee and Coordinator Regina TIribeau we feel this project is a go. I know you have concerns with the smell at this location, and different people have expressed their concern. We have told everyone to take a drive down and check it out for themselves, and if they had any objections to please let us know. On the contrary, the people thought it was a beautiful location, and said they really couldn't smell anything once they were there or even before they got to the land. One lady even went down when it was 94 degrees outside, with all her windows down and couldn't smell a thing. She was a lot happier. We have submitted signatures from some of our supporters. We strongly urge your support for our fields. A complex like this could also help support Dubuque, with people coming to our city to play ball, instead of our girls going out of town to play all of the time. People that have played at McAleece Sports Complex, have had to tolerate the smell on certain days from the Packing Companies over the years, and they did. We feel this is not a major issue and hope you will not feel it would be a mistake if you supported the location. Thank you for your part in fu.cilitating this community partnership. We have enjoyed working with Assistant City Manager, Tim Moerman; Leisure Services Director, Gil Spence; and the Riprow Valley Committee and appreciate all their time spent on this project. We look forward to its eventual success. Sincerely, . '/Jt. y? 7?Jdd, Marilyn J. Michels, Committee Chair for DGIL 17375 Gardners Lane Dubuque, Iowa 52001 VI '8;iiJiqno 8:)1110'" '\1!8 G~ :L I,IV S I Wii 00 03/\I::lJ:Jel ~ . J / \ "",,crt JU ~'"' 0 \ I--.R- I "... -\' nri . 1/ A' o-<f n-< "-\.U Nia' g; 'Il~ I- .1- k ;. ^'-~~~ ~~~ ' N lTl'J.y f~H ~ _ ",I.).. ~ 0'-- . ~y C ....r),1'" f.t J r'l=CY}j' _ . od.. ...,rl-~ l 1-11,~ ~ 13 ..' trI0~ f:i~J:(f ( b"'~ J J j'-f f:f ~;, 1D~Q l....:.:~ ~{)b. (0 l T1l~~) ~1 N '( /~(~ ~ . Il. . ~(:: .~' H '-'~ h.~I" ~ ro'>-1:f0 i'l;: / . )'.J:;0:'. ..' ~~ P"{~/I' ": '-t :--. r-- n~ . h J:...) 'f':",':;"" J. )Z ~I~,Q '-' .' '4 [l tJOi{:.. :( J: .oJ: r{'\.~ff:.- ~~ ~Y1.~:.:...;.."\ ~')-io ~ ~. .)<,>:1 ~I~ r... 'J'(} >-A '"" j ~rL~} ~"'d''''1.J 'rllfl~ ":,,:,,~,, ~ ~r-) .1"dLJ rln "-' ~/ ',j'>! I\. . ';(' 1: ,.:. .....e '\f' -/"'I: ':'U) '--"j .. V ;. ~ _Q ". 1.A-S::.' , ;: 'Ill ~ - Y '"r Z) )' 1f'"'~~J. :.,.: ~.;yA:rt-J/lJ>::'-", '. Ft'T'L. '"-.'':~A/?J ~~8J: y~.,...- I\\~~..:::.~'.~ <N.. .LIN ~'( }"" ~~r:""', A d')M::" :.:' ~;..,\.(' i'Q'l~ ~ M ~",(":':"'i.' ....::\.~~-~~1,:..., ~i~ .' ':~ ~ 'H~r~y!~f.j; ,.~1- <t: ~ ~";''''~I ''C':.' :.... . o~ ':r ~)i'.:Jl~ ~ TU i.J.i ~~' -~..'. g: Q, '>0 T 11 ti )}, ?(~\2 0:: ~~ ~~~'" ? ~ ~~~~~~~'~,~L.'" :..:~~' ) / :CV7~8 <( ~~1C~ ~)..:LJ:; ~.~~~r: IO~rEt,~ g ~~~. Y' \-- I--<,s . \ :> H ~ ,:1 ;.; i) =2;'. ,~ll 11'1 '%~ <( ~;:) (FiR/", "'( \\ ;~~I~' (1-.), ..,'" I.LJ -Q.,cDJ n~ Yy ,\ \ ~"'O:~ tL'tr~~ b p: ~'" 5 ~f~~~h ~..I \\.lQ'~~ ~~\~II~ ~"~ ~ >-J. ~ ~ .:..'~ n \ "V'\ \ V~~' :r. \Y I 'l'YJ(!--( ,A Y J: r~ \ \ = tif3) 1\ -'j l;.(t"'i"i Ie < Z "X~f..J)c{r.' t\~_~f[_..... 1M "I\/\-- \.(",' (ol..,J'-) :<i Q.J: ~ b 0. -J( ,:= \!:=: 6 \\/ !- r<: (1)') A.' 1: ~~." ~ W.x ~l:;. ...r-.. ~\\ - .) CI) ""'. )r,l"} ~--: :3.m . ft... "91..---' '.: ~ _:= i~ (_..'~.)" ~ ( ~ .J. ~ a F '(!l :) . l ) 0 1} f\ ( E ",I' lQ P.:~ I ~ 'J ~~~4~ ' l!i,. "- - "'7'\ I'" .' J1:) s;... ft 1... j \ :r-< ' ..... . YT:J c. _ J!1. ~ Cl-n ~ ,..( A'l-'x'Y":::i ).\ <:: ~ >-< ~ ~ . q ~ ( '>--TJ ~) CX! ~CJ?f)fY:! ~ \ leT /r=l.,~ I~ > ;i:;i,'9t;l) ') Q - )y xO ~~) 0 i\ ! =i \ ~ . . ! '(!I )t,.,. ~ r r- J () ,- r;?,I))'r;5iH. \,-5=- ~ 'J' -'-to _ i >_- ~ .u '~\J :t';):: J.:--.. "'2.: \. = ~ -----EI.,Fo1)! :~''-';Q~ J.: 0 \~~~~ \:--- \ .} i .... - ~ - )-4 ) ~ctt~(0~~ t~5- ~~ } \\? '- .- ~ 0 ., ~' ..= ~Q ').,~r ,"'~ - ~\~ j ~ _ ,..~ ~l..f1 ~ -y QJ'J'-':.ft 7l) 0.-, ~ ~ ~~ '~~q" '~\ ~ ~ ,J, r.t' :f-X)\ h, ~ ~ R' .~ ~ ~CiJ ..$- c:, CI) I.LJ Z - ~ Riprow Valley Development Projects Estimated Costs and Sources of Revenue Project Component Phase I . Prairie Area Development Former Water Pollution Control Plant: Development of Prairie Area Mines of Spain Development Phase II - Acquistion ofthe Site Klauer Property: Land Acquisition Water Pollution Control Funds Private Contributions Land and Water Conservation Grant Private Contributions and Foundations Phase III - Site Grading and Preparation Klauer Property: Asbestos Removal Building Demolition --- Site Grading and Adding Topsoil Water/Sewer Utility Services Community Development Block Grant Funds Water and Sewer Funds Grants and Private Contributions Phase IV - Softball Complex Development Klauer Property: Softball Field Development Fencing Infields Seeding Lighting Parking Lot Restrooms/Concess. L c.,\~~ ~ . Private Contributions Estimated Costs and Sources of Revenue Estimated Cost Revenue Sources $ 150,000 $ 150,000 $ 580,000 $ 100,000 $ 130,000 $ 100,000 $ 250 000 $ 580,000 $ 20,000 $ 30,000 $ 165,000 $ 20 000 $ 235,000 $ 50,000 $ 20,000 $ 165.000 $ 235,000 $ 42,000 $ 45,000 $ 15,000 $ 90,000 $ 75,000 $ 150.000 $ 417,000 $1,382,000 $ 417.000 $1,382,000 We, the undersigned would like the Dubuque City Council to support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League. It needs to be a priority on the City Council agenda. Name Address 1. ~'-_ ~#=t7 ___ __JI_'---r;-e~"':.-_ ~A-.:~..:.. 5~lcJl 2._~~~~~~____~~____~______________ 3.g:!!~ ~T- -'J/d;d~J_~ 4. __ __~ ~__ ~.. ______~~_________~~__________ 5. _1h.LLCiL~_J:itLa..c____ ___i 4 4 3_P~ CJzd ili__Q cl_____ 6. ~7 J~ ~---- _--1'fY'"L~~../d__ 7. ~ fl:e~,-~--- H:Lfd O~r1C ------ ::-------~----~ ~~(J1'Ji ~~AL~.4~ ~~~~ 10. d2l) ~~ (Jd/~__ L 3! ~I _ C l.lJ'lt;.LS __~__________ 11. _~~_l~ _~'(J5 _y Q\ ~Ili;,ls::__Dr~_____ 12.~~~~~--- _~))_CV~~~ _______________ A I . p '~ -~ 13.~j~------------ ~~~ ~~_~__________________ (' 1":-1', tf ~ ,\ \\ 14._~~_____________ ____________________________ 15. _ 'l 0_ r;;o_LilLd I tlJ-ZtltJll-fJE 16.~~JU';<7 _f}{.5-tllLUJ.L[LDf..:..__ Name 1 7. _sm:JL~k1.).'el:_ 18. 1..~?r-&:L~ ---- 19. 20. 'fY\~~ M, -R~ --------------------- Address __~lf~__5]~JoiLA_lJr_____ , I' , ' , ' ----------------------------- }3CDO _[CMf~_~-~--- \O~l ~"""'~ ----------------------------- 21. _:.l)w_~______ __~Q.5Q.L02tl~Wo wLJat1t-"-_ 22. 23. 24. 25. --------------------- 26. --------------------- 27. 28. 29. 30. 31. 32. 33. 34. 35. --------------~------ ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- ----------------------------- We, the undersigned would like the Dubuque City Council to support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League. It needs to be a priority on the City Council agenda. Name Address 1. ....~~~~~_~~~-'Lz__ UtL-L1~!:..UI:;/..r:-_Y~_.4-",~~~ 2. __~ ~__ _ '"2 7"3 'z-__r=: Li.rL._.i.t __n..l4L_____ ;:::;: .~_, _ .7 ~_ -' -1 /r' Y . 3. __tZ::.-"~...::::.::;.:::::::..- _L.L.:!.d..!_..:.LfI/:._il.L-.)L..t-..I2~__________ 4. .9~~_2~___ __':'i'S'~~___f.-::~____PL~___ 5. .iJ..Q~ / _ #'~ ____ _.L_~.2 ..;.--di~__ 'M:: ~~______ 7i4- c: 6. iJ. . -:? 3 OJ s=.. ~&i2_ fff :;:L__ 7. ~iL!l21..i<iL____ 18 3~_-1l~b,\r.h-__ Plili~I ~___ 8. _~_f1g~___ ~l1.1__J<.-~ _ft-kL1;t!.SzCJO) 9. ~ft".;. .:.2lf/./"~ .:......"l..:..._.___ -,-;;:t;i-A{<!.~?n"'~ eZ'7...lJ.~. "U.'L,.~J..ll':;zC'^! UT ~J?r~ " ) 10.___~_~~'f~~---- _li____~_~__~_~____~; ____~~_ . 1 t&:/l, /h//r;; / C. " ) 5 !11..' A. " ~/I' i-~~. J....- f (7' I '_ _______~------- ______ _ __~________________ 12.LZ~~~~~~-~~--- a.t2.5~~6V/11----___------- 13. _::.:'_.! _~:!.=~-=-~_ ~_11iL() Ai!-u/{1{/ _~:..._ vi---..., fJa-'--- cl " ('____ 7' '. I .- 14. -C:)d'\7',-.L..;.-fif.3:~--- ___L_O JS..~ " ~_______ jae/)' . P }, 15._~__~_t{~W~________ ____i~l&~~~~____________ 16. _~~~ jrk~U ____ _____ ~ jf ~l~~!:;;-a------ " . Name , Address 17._S1~~~-------- ______i?~)f_d~b~~~---------- 18.~~~~_________ ______~~l~bU~---------- 1 9 \ - f~f") C h ~ I f:,S-O ;V ,4 /~ 0 /'1) '1 20' "~~t)S;;~------ -----/ f(~ -- ACj-Z, L( ~;;--<77'-- ._-~~--------------- ---------------------------~- 2 1 .;Jk'~~l~-~~ ___ /7!i~.Il f~'1A~/J~__ ~'f, ---- 22._;6~_~_\~~______ ___~.~~___~~__________~__ 23. _~1_~~___ __JELt 3_.1 J J5 URN ____D _u.! ~____ 24.fn{~^v._l1.lbe~- __jR'73__Jf~-~-~ 25. j;k;).2:1.1d~_L__________ __...1.. 0 ;2. ~_m.&:f}2-g-f~---------- 26. --------------------- ----------------------------- 27. --------------------- ----------------------------- 28._____________________ ----------------------------- 29., _____________________ ----------------------------- 30._____________________ ----------------------------- 31. --------------------- ----------------------------- 32. --------------------- ----------------------------- 33. --------------------- ----------------------------- 34. _____________________ ------------------------------ 35. --------------------- ----------------------------- \, ~:~ III 'j _' \.. t-'t '" "" '-'\-J'V ~ '" 0"-.:) ~ 11:. 'C.>j- ~I , , ,/ '" We, the undersigned would like the Dubuque City Council to support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League. It needs to be a priority on the City Council agenda. Name Address 1.~~~_________ ~o~s_~~,~_____________ 2. fi:r~" _lm.:L~Sf____ 3.~ ,-,_.!;l;/_ _./J"/tf _ .,1;.u,l"I_-6?-'"/'":L-_ 4. t2k:.:C~&~:J.,___ _.J- ~_'7 _S-__?h7t4<JJ-JL_JtJz.s1J.../:' / 5. jj~ _':;0 ~_J-___(:J ".Jil~_L.'i1__-,~--c____ 6. Ovv~iL: ____ _1~1~_fu~...LJ~__& 7.~___ ~jnUf_______ jY2{)~jUo;;~_~_~_________ 8._____________________ 9._____________________ 10.______________~------ 11._____________________ 12._____________________ 13._____________________ 14._____________________ 15._____________________ 16._____________________ We, the undersigned would like the Dubuque City Council to support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League. It needs to be a priority on the City Council agenda. Name Address 1 - ~4,,~- //jsI'4tl'E6cJJJ it/Ie ])I/S 2: ~O'~ ---- .LoSd0 c:;,-I,.:'/i1-. tfks1o. . 3. _a:;d:l_~~d ____ __1 {y.J- __C~;?><'d:L~__1Z:.e:....7.~ 4. Sli!'''ruJ4)fL~-!!/.4e 0:.______ -.It ~6 ___ L~~~~i?d2---f1,.b--,~. 5. _W~:.u.- -.:ffi..-..t~'(L---- _3_ L\ \EL_J.zQ.~__r.> !:.__Q.&__~,-_ 6. s1:i: _ (0~ ______ _/1 L__tLe :;:..!:!.._~E.( ~__ .DJ~.J..3'~_ 7. _~---&..~~),LJf ~____ _t:i_"7 ff lJJ~ A ~~____ffi~:.._~. 8. ~- ~~___ _~)W.__Jj..:.._G3r::::.",JI~"~_..L4u~,-___ 9. #;#,4d;;/tr~;;:;") ____ .L?/)~!~l?d~..&~.Ji!. _____ 1 o~z.J!';J J~g~-- ~1 YcJ O~ ~_-}'~__llJ~~ 11.~ ~'2;",., ./ _ 30/8' ~~~./7:I/_~cf2_,(}~__ 12. 9~zZ~ Sr.k. i-J jP- 5 ;L:---DB.- C~ 13._t~~____________ 170_~~/'~/ ~/____~'L__ 14. m ~------------- _tl$S~rJI7/tfikJ_il1.___;f~ ~-- 15. =---'.?~ i1"~_____ _/J..J...r~~__!l.i__d~_ 16. ~~~JL__ _fJJL-J~~---------_ As Supporters of the Girls Independent League, we are asking for the councir, help in finding suitable land for softball fields. A JJ resS e..!; ~ 7J"Q1 tu~ ~:v & Name... :fl:;~_ ~ Olzw 1 f3.,1l U1A. -I+i LA b.., ~ \.L t( };;~ 6. 7. 8. 9. 10. 11. 12. ~ 13. 14. 15. 16. 17. 18. 19. 20. e ~ 3tJ.f7 vrK 12fl 25. sag? ...1FK ':i:J~ 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. As Supporters of the Girls Independent League, we are asking for the councils help in finding suitable land for softball fields. /,1<<",- "- ..& A J).1 __ --:J.(Yl J p -~ 2. a ~ ,-fJ~ 3. ~ &~ ;J6tfJthu /: 4.;J~~~~ 1)/. :J1iIii:!:o~t ~ /'0"'''' "7 7/ 411,~1:RJHJ j)~u /F4- 8.~ ,/J~J 9. 1. .AF. 4t1...(,,<rs ,. ;:J,V} 7 }:'.".,..t fide tJ-<.J- 4!fi. / /,s- 11-/ hi rL.L- ~ , f e. :;;l(90 ~ ~ 4i . 1L .M B. 416. 10. 11. 12. 13. 14. 15. 16. 17. 0 18. 19. 20. . lei tp. J=: ~ .. ~. " ~ ~. . . We support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League 1. Name Address 10. 0/0 (%-jfr!JYrl 7J.L/ ~ LCI1{olh S7/s- /~f00y}/) Ar~. :'t'c, \~-~ '--I:J~ ., \J'-Q ~v, '- \ L/{)fi +fill ~1 [.\E'W\lZVlJ Me d-iJ-$ ~ Fill':') t8r2-tv~ -' t>>1 nufR J-Y Y UY[ I:&/f /&5.:25 ~bh/ ~ ~ /Jt~~.h # 2. 3.~~~ 4. ~o"--" &A.~ 5~~~,5{11 6. \ Y\, c5 fY'- 7. ~O-tl ~ 8. 9. 11. 12. 1 14. . 15. C(91l1/l't{Z ,C::CJ7("~1bA'f01 16. ~!tJl:t &f2aJ~ 17. f!1({.f+ ~ 18. . ~cA..... 30,z 9{p .3'13' 4w., 13z/4 v,,- f /75Js S~!:ohn D.{~(l tJP5~ f 3 '/0 Jcn/6Wc I/y! J-.ul D Su ""1 VI w:> f)fl... 3U35 ~d 12d... fKS-q(]!zflIJ),It ILL /1./1 _~1~ U~ ~.J-, 19. 20. We support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League t.___,./" 6. 7. 8. 9. 12. 13. 14. 1 ~ 19. 20. Address 2320h_ ()ffi.5/I1~ Sf, ICf/O i-~#1- 9- f1d~ ~( Lb+ ~3 2-"'6 {?J l-feriAey (;/- , d5~ ~~_ d \~ ~ \(\ \ )J) { A k.:J-. ;Jr !7 YO ()(Lrfl'r?/d ~~~~ QC9(O 5 -I. -J\ () 17/:> f{~ tI, ;t"7J~ 1~)t~t0d~Cf. j;Oj] r:~ D/'V" . \;).(.10.9- (o\-h~~ '~d Ills (3vi/)I.hc. IhLL /..I t't'lS ~ ~!J<ilw4Jr //,;e.,f (A J~X9d'C,i"'ul .p,.. 16~o-l:IClW L~ 3 Y7 '7 5c1N'5t7r It:: (';g;1e /t3'Fl &~!o,J Ko! - We support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League 1. 2. 3. 4. 5. < 6. 7. 8. 20. Address J~11&~'jffiq V z. 3 '" 3 I< 1{o1YJf1&? &- I!,JI/ j"C{/S~ -i ?ij<7 ~~ ~ ?~OJ ~_ V )1- Lf:<:J'I 5/-<.J"'lA/ f)fJ. 'f,~C( 5/c /:-&A / O~ ~lJ-C1 Sf (IOP1t1 JQ'+~ sf. (I-pLh ) 41~;- ~~~ a433,di~z ~fC/ If.20~ .&//#tS"~ It! 2- 7 S u l{ ~aiJJI.aU n 'f{) r:" \"'C~ /) d~ q <. frc!c(~OYL 726 zL&. ~ {; ~j./ a. 3:;;;~.diJ. Icf ocr {Jio M.6~~ /6Qq Rho fi1 tffCr We support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League Name Address 1. ,d<-=1d>~ tfjY~l-VlfJ /9Jq A U1./o 11 1;:;;C:::~ ZcJ/d_P~.q;l 2. 3. 4 5. /J~~l iY 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. We support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League Name Address 3. a LJ j s- tJ; ndJo r Ill/e- f?os I~~ /JuD d.o.8/$' k{~k & I /08' dnr tdr~ ('-I--. \~~ ~~ .::h~ . /)/6'89 cf(rT)ILEftJ C!- ??;{$ A\0 A \iAv- ~ 00 '70 (Yb/1-:fzh'mrQt\', s x ~. OJ IffY\CV }J-. . 831 Oz,'b'/{i-~ ~ /?jO 0 /9-r~ 4. \ . , """" 5 ~ l rY'. '^--..) l.JJ. <A'\. ^rY--. s:: 6,"-~ GD67n,{CfK' 7.mCu: 1-"~~ 8:~(y')O \\euQp~~i;, :~Yl^,~ \:S,;lCh.,f () 3052. J::AAJ.f:: cr lfi-~ -r,4. I 13. '0:::;6 51'1'/"" (l-/ () BcX.T.4, 14. 15. 16. 17. 18. 19. 20. .' . We support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League / t!JVf {t;~ ' 1.~ ~ 27C' -c: ~tj ,I, ~~ 'Q ~ 3. ......~ 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Address j!30 iC(S~'11-Lt it 4 ~kL'A"3> 5,~ ~t(; t!--= /11:-1 (..- /~(Jo I? ~Jj '#--.;t/.f We, the undersigned would like the Dubuque City Council to support the development of the Riprow Valley into softball fields for the Dubuque Girls Independent League. It needs to be a priority on the City Council agenda. Name Address 1. .:..-Zr---------- _ 3t?3'6__tUk/e__S/.__iJk'-__________ 2.':" ~ _______ 3O]J(_~_5j_~~~---------- 3. ~___ ~~A ______ _30~2_~h~~_~~_____________ 4.~_J~________ _3~~~_W~t~_~~_____________ 5. _-.:> -'-~ ___ _ '\ ~ LU J~!...ft~.st~n.------------- 6.~~~________ ~~3~______ ___ _~~___ 7.~_~~__________ _~$ ~~_~______________ 8. 01~~------ _~f1L~~_~_~-,-________ 9.~~~_~~______ __~~_Jl~~~______________ 10. D~ ________ __.___________________________ 11. ... ~_~ ~2L2~LlEL*4------ 12.~1l7,~ ______ _c15(-2_~d------------- 1~~ __/~Z_6L~w___ 1 4. _~J1C- __J J..lj~~LllClJJd.JliA.J-A:Jg~----- 1 5. -.:..-)u~ ____1.9..37 .Jy~AboJz-~."....,----- . j6/?IJ1~4?'~~1f--- . " 17.__~~~~_________ _~JJ1_~L~~:~Lss___________ 18.j{~~~_________ _~lL_~~~_~_________ 19._~~~~_____ _~~4J.b.L~_~___________ 20._~~___ ____ 7~~~~~~______________ 21. ~~Y-2-~____ ____ _dS2L=_ t3,,-~~_~ -e-\_____ 22._~j~__1Q~D~_______ _~~l2~___~\QL~~~___---- 23. ~~__j3ettch el'___ j'0 / ~ _1.._ (' ed a...!_ ~ i'd,y:_e_R 01.__ 24.~~ _~~~__~~__________ 25. !1Ijdcmiid _ /tpf-r Dall {L./ Cf 26. Uti' N' _32ub _~IQ__~_____ 27.~~ _~~30_~_______________ 28. _ ~__~~_____ _~5~~___________ 29. -2).3...G-cvJ~----------- 30. ~_ __l51iiJ_i_ C~~_gtll.4.~.1JJ__D/):{5. 31 .W~------- 2.33~ ~~ItW-ol2._------------ 32., '_ ~______ _B:2-C;__~_. ~_PL_~ 34. JiJ... ps .J{~!i!J.pf1-1t- -.lJ. V.E-~________ 35.~~~~~__ _~~!-C~'^_______________ CITY OF DUBUQUE, IOWA MEMORANDUM July 13, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Klauer Property Acquisition for the Riprow Valley Development At the July 5, 2000 City Council meeting, the Council approved the purchase of property in the Riprow Valley. Part of the agreement for the purchase included the provision of guarantees by private individuals for $240,000 of the purchase price not acquired by the closing date. The guaranty agreement includes the signatures of the eight people making the guarantees. Michael C. Van Milligen MCVM/dd Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager CITY OF DUBUQUE, IOWA MEMORANDUM July 13, 2000 To: Michael C. Van Milligen, City Manager From: Tim Moerman, Assistant City Manager RE: Klauer Property Acquisition for the Riprow Valley Development The purpose of this memo is to request an agenda item for receiving and filing the guaranty agreement for the purchase of the property in the Riprow Valley from Bob Klauer. The City Council approved the purchase of this property at the July 5, 2000 City Council meeting. Part of the agreement for the purchase included the provision of guarantees by private individuals for $240,000 of the purchase price not acquired by the closing date. The guaranty agreement includes the signatures of the eight people making the guarantees. Attached is a copy of the guaranty. cc: Barry Lindahl, Corporation Counsel Jeanne Schneider, City Clerk GUARANTY AGREEMENT Jgtvt" This Guaranty Agreement is made and entered into this 3o day of iy; 2000, by and between the City of Dubuque, Iowa (the City) and (Guarantors). Whereas, the City is considering entering into an agreement (the Agreement) for the purchase of certain real property, to be used for park and recreation purposes, and for the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the subject real property, a copy of which Agreement is attached hereto as Exhibit A; and Whereas, the City does not have available sufficient funds for the purchase price payable under the Agreement; and Whereas, the City intends to raise the additional funds necessary for the purchase of the real estate from state and federal grants; and Whereas, in the event the City is unable to raise all of such required additional funds, the City will require guarantors to ensure payment on behalf of the City of a portion of the purchase price; and Whereas, Guarantors are supportive of the City in its commitment of the real property to park and recreation usage, and the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the real estate; Now, therefore, in consideration of the mutual promises herein contained, it is agreed by and between the parties as follows: 1. Upon and after execution of the Agreement, the City shall exert its good faith efforts to raise the balance payable under the Agreement prior to July 1, 2003, and shall keep the Guarantors advised, promptly upon the Guarantors' reasonable demands, of its efforts and success in securing the required funding from state and federal grants. 2. If the City is unable through its good faith efforts to raise the purchase price payable under the Agreement, the Guarantors agree to pay on July 1, 2003, on the City's written demand therefore making specific reference to this Guaranty and the amount to be paid, to the City or directly to the Vendor under the Agreement for the benefit of the City, a sum of money equal to the difference between the balance payable under the Agreement and the funds raised by the City, but not to exceed $240,000.00. The City agrees that in satisfaction of his, her or its obligation under this Guaranty, any Guarantor may make a required payment through the Catfish Creek Coalition or another income tax-exempt entity as an intermediary, which payment shall be applied to the credit of the Guarantor causing such payment to be made. 3. The City shall notify each Guarantor in writing of the amounts, if any, remaining to be raised on the dates 90, 60, 30 and 5 days before July 1, 2003. 4. The City agrees that it will restrict use of the property to recreational and open -space uses, and it will not permit use for commercial, industrial or residential purposes, except that, if necessary, the City may expand its existing water pollution control plant on the Westerly 500 feet of the property. 5. Among themselves, the Guarantors agree to contribute pro rata, per -capita to the amount, if any, required to be paid under this Guaranty Agreement. In the event an individual Guarantor has contributed more than his, hers or its pro rata share, he, she or it may recover such over -payment from any Guarantor who has not contributed such a pro rata share, together with the costs of such recovery, including reasonable attorneys' fees and expenses. 6. This Guaranty Agreement shall be binding upon the parties, their heirs, successors and assigns. City of Dubuque, Iowa By: Terr ce M. Duggan, ' . or Attest: butg/Schneider, City Clerk Jeanne [Guarantors] By: Title: Address: GUARANTY AGREEMENT This Guaranty Agreement is made and entered into this 3oth day of June 2000, by and between the City of Dubuque, Iowa (the City) and (Guarantors). Whereas, the City is considering entering into an agreement (the Agreement) for the purchase of certain real property, to be used for park and recreation purposes, and for the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the subject real property, a copy of which Agreement is attached hereto as Exhibit A; and Whereas, the City does not have available sufficient funds for the purchase price payable under the Agreement; and Whereas, the City intends to raise the additional funds necessary for the purchase of the real estate from state and federal grants; and Whereas, in the event the City is unable to raise all of such required additional funds, the City will require guarantors to ensure payment on behalf of the City of a portion of the purchase price; and Whereas, Guarantors are supportive of the City in its commitment of the real property to park and recreation usage, and the preservation of the natural, ecological, scientific, educational, scenic, aesthetic and special character of the real estate; Now, therefore, in consideration of the mutual promises herein contained, it is agreed by and between the parties as follows: 1. Upon and after execution of the Agreement, the City shall exert its good faith efforts to raise the balance payable under the Agreement prior to July 1, 2003, and shall keep the Guarantors advised, promptly upon the Guarantors' reasonable demands, of its efforts and success in securing the required funding from state and federal grants. 2. If the City is unable through its good faith efforts to raise the purchase price payable under the Agreement, the Guarantors agree to pay on July 1, 2003, on the City's written demand therefore making specific reference to this Guaranty and the amount to be paid, to the City or directly to the Vendor under the Agreement for the benefit of the City, a sum of money equal to the difference between the balance payable under the Agreement and the funds raised by the City, but not to exceed $240,000.00. The City agrees that in satisfaction of his, her or its obligation under this Guaranty, any Guarantor may make a required payment through the Catfish Creek Coalition or another income tax-exempt entity as an intermediary, which payment shall be applied to the credit of the Guarantor causing such payment to be made. 3. The City shall notify each Guarantor in writing of the amounts, if any, remaining to be raised on the dates 90, 60, 30 and 5 days before July 1, 2003. 4. The City agrees that it will restrict use of the property to recreational and open -space uses, and it will not permit use for commercial, industrial or residential purposes, except that, if necessary, the City may expand its existing water pollution control plant on the Westerly 500 feet of the property. 5. Among themselves, the Guarantors agree to contribute pro rata, per -capita to the amount, if any, required to be paid under this Guaranty Agreement. In the event an individual Guarantor has contributed more than his, hers or its pro rata share, he, she or it may recover such over -payment from any Guarantor who has not contributed such a pro rata share, together with the costs of such recovery, including reasonable attorneys' fees and expenses. 6. This Guaranty Agreement shall be binding upon the parties, their heirs, successors and assigns. City of Dubuque By: Ten ce M. Duggan, Attest: SIC Jeanne Guarantor: Mark/ palb Iowa or chneider, City Clerk Gu_Yantor: Tames L. Guarantor: David Har [Guarantors] Guarantor: Mattheta_.Thibeau L Guarantor: Ed Tschig Guaran :John Gronen /, 0. Guarantor: E.LBj Lyon Char' ''ple Trust Firstar Bank N.A.,Trustee Speltz, T.O. yc Gu o� Jeffrey T.Bertsch Barry A. Lindahl 196 Dubuque Building, Dubuque IA 52003 319 583-4113 OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Robert D. Klauer and Livija Klauer, Sellers: 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy teal estate in Dubuque County, Iowa, described as follows: Lot One (1) of the Subdivision of Lot One (1) of the Northwest Fractional Quarter of the Northeast Quarter and Lot One (1) of the Subdivision of Lot One (1) of Fractional. Government Lot One (1), all in Section Six (6), Township Eighty-eight (88) Forth, Range Three (3) East of the Fifth Principal Meridian, all aS shown by recorded plat thereof containing an area of nineteen and ninety-seven hundredths (19.97) acres, more or less; And Lot "A" of Government Lot One (1) in Section Six (6), Township Eighty- eight (88) North, Range Three (3) East of Fifth Principal Meridian, Dubuque County, of Dubuque, Iowa, and Lot One (1) of Rock Cut Subdivision in the City of Dubuque, Iowa., all shown by recorded plats thereof, containing at area of one and thirty-two hundredths (1.32) acres, more of less. designated the Real Estate, 2. PRICE. The purchase price shall be S 580,000.00, payable at City Ha11, �z Dubuque, Iowa, as follows: $fie, payable upon acceptance of this Offer, S�°rc to i',� be paid at the me of closing. and the balance of $ -266;800 to be paid pursuant to a ,PK time Promissory Note in the form attached hereto. { 3 u'r aro 3. REAL ESTATE TAXES. Sellers shall pay all real estate taxes for the year currently payable and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of teal estate taxes on the Real Estate shall be base, upon such taxes for the year currently payable unless the parties state otherwise. 4. SPECIAL ASSESSMENTS. a. Sellers shall pay ail special assessments which are due and payable as of the date of acceptance of this offer. b. All other special assessments shall be paid by Buyer. 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real Estate to Buyer shall be as follows: All risk of loss shall remain with Sellers :anti possession of the Real Estate shall be delivered to Buyer. 6. CARE AND MAINTENANCE. The Real Estate, but not including any structures thereon. shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer. Sellers shall have the right to remove the contents of the building 7. POSSESSION. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on sucb date as the parties shall mutually agree but not later than June 30, 2000, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 8. USE OF PURCHASE PRICE.. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 9. ABSTRACT AND 1TILE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyer for examination. It rhh11 show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Be! Association. The abstract shall become the property of the Buyers when the purchase price is paid in fall. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfer by or the death of Sellers or their assignees. 10. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or its assignees; by Warranty Deed, free and clear of all liens, restrictions, and encumbrances Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of dell\ery of the deed. 11. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of tither Seller, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 10. 12, JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 13. TIME IS OF THE ESSENCE. Time is of the essence in this contract. This contract is effective for all purposes June 30, 2000. 14. REMEDIES OF THE PARTIES a If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately duc and payable. Thereafter this contract may be foreclosed in equity and the Buyer shall have the right to have all payments made returned to them. b. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to therm and shall be entitled to obtain judgment for costs and attorney fees as pennited by law. 15. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 16, CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 17. TIME FOR ACCEPTANCE. If this offer is not accepted by Sellers on or before June 10, 2000 it shall become void and all payments shall be repaid to the Buyer. 17. OTHER PROVISIONS a. Sellers shall in the deed assign to Buyer all indemnification Agreements from Koch Sulfur Products Company to Sellers indemnifying Buyer from claims relating to the environmental condition of the Real Estate. b. This Offer is subject to and conditioned upon final approval by the City Council of the City of Dubuque, Dated: J s - a 2000. Buyer City of Dubuque PROMISSORY NOTE Dated: July 1, 2000 FOR VALUE RECEIVED, the City of Dubuque, Iowa (City), promises to pay to Robert D. Klauer andlor Livija Klauer (Kla j aue ointtenantsNvith t crighttof rate of survivorship the sum of S �,000.80 o 3 ul interest six percent (6.0%) per annum on the unpaid balance. City may prepay principal and interest but only upon mutual consent of the parties. Attest eanne F. Schneider, City Cleric THIS OFFER IS ACCEPTED Dated. 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