Robert D. and Livija Klauer Real Estate
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Prepared by Barry A. Lindahl, 196 DUbuque Building, Dubuque, IA 52001 319583-4113
RESOLUTION NO. 291-00
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM ROBERT D. KLAUER AND L1VIJA KLAUER
Whereas, the City of Dubuque entered into an Agreement with Robert D. Klauer and
Livija Klauer for the purchase of the following described real property in Dubuque County,
Iowa:
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) North,
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 an area of one and thirty-two hundredths (1.32)
acres, more or less.
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:
1. The City of Dubuque hereby accepts the Deed from Robert D. Klauer and Livija
Klauer, 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 5th day of July, ~
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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Barry A. Lindahl, Esquire
Corporation Counsel
700 Locust Street -196 CyCare Plaza
Dubuque, Iowa 52001-6824
(319) 583-4113
(319) 583-1040 FAX
E-mail: balesq@mwci.net
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July 5, 2000
Mayor Terrance M. Duggan
and Members of the City Council
City Hall
Dubuque, Iowa 52001
RE: Purchase of Klauer (Koch Sulfur) Property
Dear Mayor and Councilmembers:
The purpose of this letter is to report to you on the status
of the purchase of this property. I am pleased to advise you that
the City did close on the purchase with Bob and Livija Klauer on
June 30, 2000.
As you may recall, the Purchase Agreement was subject to
~egina Thibeau, on behalf of the Catfish Coalition, obtaining the
necessary signatures to a Guaranty for the balance of the purchase
price of $240,000. Ms. Thibeau obtained the necessary signatures
to satisfy that condition.
I also want to take this opportunity to thank Bob and Livija
Klauer for their patience and cooperation with us in putting this
transaction together.
"
Lrry A.
Corporation
Lindahl
Counsel
BAL/cg
cc - Mr. Michael C. Van Milligen
cc Mr. Tim Moerman
cc Mr. and Mrs. Bob Klauer
cc Mr. Regina Thibeau
Service
People
Integrity
Responsibility
Innovation
Teamwork
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ZOOO JUL - 7 PM 3: 0 I
KATHY FLYN>i i "J?lC'j
CCU~IT'f RcCQf:lJEt( /
DUnUOUE ce.. .O'itA FEES I . ()O
Prepared by Barry A. Lindahl, 196 Dubuque Building, Dubuque, IA 52001 3195834113
RESOLUTION NO. 291-00
ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA
FROM ROBERT D. KLAUER AND LlVIJA KLAUER
Whereas, the City of Dubuque entered into an Agreement with Robert D. Klauer and
Uvija Klauer for the purchase of the following described real property in Dubuque County,
Iowa:
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) North,
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 "An 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 an area of one and thirty-two hundredths (1.32)
acres, more or less.
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:
1. The City of Dubuque hereby accepts the Deed from Robert D. Klauer and Uvija
Klauer, 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 5th day of Juiy, ~
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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CERTIFICATE OF CITY CLERK
STATE OF IOWA
'COUNTY OF DUBUQUE
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T 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. 291-00 is a correct copy of the original
Resolution No. 291-00 approved and adopted by the City Council of the City
of Dubuque, Iowa, at a session held by said Council on the 5th day of July,
2000.
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In Testimony Whereof, I hereunto set my hand and official seal of the City of
Dubuque, Iowa.
Dated at Dubuque, Iowa this 6th day of July, 2000.
Jeanne F. Schneider
City Clerk
City of Dubuque, Iowa
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REAL EST A TE TRANSFER - GROUNDWATER HAZARD STATEMENT
Please read the filing instructions on the reverse side BEFORE completing this form.
PART I - TO BE COMPLETED BY TRANSFEROR
(Please Type or Print Legibly)
TRANSFEROR Name
Robert D. Klauer and Livija Klauer
Address 1043 Main Street, Dubuque, Iowa 52001
Number and Street or RR
City, Town or P,O.
Stab:
Zip
TRANSFEREE Name City of Dubuque, Iowa
Address City Hall, 50 West 13th Street, Dubuque, Iowa 52001
Nwnber and Street or RR City, Town or P.O.
Stab:
Zip
Address of Property Transferred Julien Dubuque Drive, Dubuque, Iowa 52001
Nwnber and Street or RR City, Town. or P.O.
Stab:
Zip
Legal Description of Property
See attached Exhibit A
1. Wells (check one)
o There are no known wells situated on this property.
Iii! There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below.
2. Solid Waste Disposal (check one)
IlD There is no known solid waste disposal site on this property.
o There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the
site is deemed to be potentially hazardous.
o There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural
Resources. The location(s) of the site(s) is stated below.
3. Hazardous Wastes (check one)
I! There is no known hazardous waste on this property.
o There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules.
4. Underground Storage Tanks (check one)
IlJThere are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks,
most heating oil tanks, cisterns and septic tanks, in instructions.)
o There is an underground storage tank or tanks on this property. The type(s), size(s) and any known substance(s) contained are described
below.
5. Private Burial Site (check one)
Iii! There are no known private burial sites on this property.
o There is a private burial site on this property. The location(s) of the site(s) is stated below. The known identifying information of the
decedent is stated below.
Information, if any, required by statements checked above:
I. There are five (5) wells located on the property for environmental contamination testing.
2. See environmental test documents dated 2000 conducted by Transferee (condition standard of property).
3. See environmental test documents dated 2000 conducted by Transferee.
Transferee has conducted environmental testing for contamination prior to purchase and specifics as to above can be obtained from these reports through
Transferee.
Attachment for Additional Information'Q)/N If so, number of pages
I HEREBY DE
Telephone Number: (319) 556-1044
E INFORMATION CONTAINED IN PART I OF THIS STATEMENT IS TRUE AND CORRECT
Signature:
PART II - TO BE COMPLETED BY RECORDER
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Date of Recording jlcrcJ . City ~ --1Vtl:h.~
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DNR form (July 99) FILE WITH REC DER '41-0960
(See Instruction #6)
Date ofInstrument
7777
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FOR THE LEGAl. EFFECT OF THE USE OF
T IS FORM. CONSULT YOUR LAWYER
7777-00
2000 JUL - 7 PH 3: 0 I
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KATHY fLY/ii< TriJF.LO','I
COUNTY RECORDER
DUBUQUE CO,.IO'NA fEES&OD
fn=~on ROBERT D. KLAUER, 1043 Main Street, Dubuque. Iowa 52001 (319) 556-1044
Individual's Name Street Address City
Phone
.~ess Tax Statement City of ;:, ,UMITED
!l." :~hIque 50 W 13th WARRANTY DEED
, .,,; DuhIque Iowa 52001
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SPACE ABOVE THIS UHE
FOR RECORDER
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: For the consideration of Three and 00/100 ($3.00)
DoUar(s) and other valuable consideration,
:~ert D, Klauer and Liviia Klauer. husband and wife as ioint tenants with full rilffits of survivorshio and not as tenants
in common
do hereby Convey to
City of Dubuque. Iowa
the following described real estate in
Dubuque
County, Iowa:
Lot One (I) of the Subdivision of Lot One (I) of the Northwest Fractional Quarter of the Northeast QUarter and Lot One
(I) of the Subdivision of Lot One (I) of Fractional Government Lot One (I), all in Section Six (6), Township
Eighty-eight (88) North, 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
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Lot "A" of Government Lot One (I) in Section Six (6), Township Eighty-eight (88) North, Range Three (3) East of the
Fifth Principal Meridian, Dubuque County, of Dubuque, Iowa, and Lot One (I) of Rock Cut Subdivision in the City of
Dubuque, Iowa, all shown by recorded plats thereof, containing an area of one and thirty-two hundredths (1.32) acres,
more or less;
together with and subject to any and all easements, restrictions. reservations and agreements of record, with Grantors'
obligation for environmental contamination or condition being solely and specifically restricted to indemnifaction for
only environmental contamination caused by Grantors' specific acts during their ownership.
.
Grantor specifically assigns to Grantee any rights of indemnification for environmental contamination which may have
accrued to them by virtue of their purchase of the property from Koch Sulfur Products Company, a Kansas Corporation,
including but not restricted to, all rights, duties and obligations arising from the terms enumerated in the Deed to
Grantors naming Koch Sulfur Products Company as Grantor dated May 21,1997; filed June 16, 1997; as Instrument
Number 6592-97, of the records of Dubuque County, Iowa.
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.
STATE OF IOWA
ss:
(Grantor)
DUBUQUE COUNTY,
On this 30th day of June
2000 , before me, the undersigned, a Notary
Public in and for said State, personally appeared
Robert D. Klauer and Livija Klauer, husband and wife
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to me known to be the identical persons named in
and who executed the foregoing instrument and
acknowledged that tbe'yI,exf!C\.It!!d the same as their
voluntary act ariel \-g~I:ICr. .. . , , ";.:: (,' ^.
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(This form of .ckr1<W.tedg~ for individual ~ntor(s) only)
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(Grantor)
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(Grantor)
(Grantor)
. The IowII Sial. e. AnociID:ln
IOWAOQCS TM 1199
101 WARRANTY OEE
Reviled J8n 1
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EXHIBIT A
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) North, 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 the Fifth Principal Meridian, Dubuque County, of Dubuque, Iowa, and Lot One
(1) of Rock Cut Subdivision in the CitycfDubuque, Iowa, all shown by recorded plats thereof,
containing an area of one and thirty-two hundredths (1.32) acres, more or less.
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.
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cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Asst. City Manager
Mr. Robert Klauer
Ms. Regina Thibeau
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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.
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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 $ubsc:qurot real estate taxes. Any proration of real estate wes on the Ileal Estate lha.1.I
be ba.<ocJ upon su::h taxes for the year cur.ently payable unless the parties state othetwUe.
4 SPECIAL ASSESSMEl\lS.
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a. Sellen slull pay all special assessments which aR dllc and payable as of the date
of acceptmce of this offer
b. All other special assessments shall be paid by Buyer.
5 RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of
possession of the Real ES1atc to Bllyer shall be as follows: All risk of loss shall remain witl1
Sellets until possession of the Real Estate shall be delivered to Buyer.
6. CARE A.'ID MAINTENANCE. The Real Estate, but not including any
struetures thereon. shall be preserved in its prescnt condition 81ld delivered intact at the
time posse$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
~
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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
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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
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.
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
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nus O'f'FER IS ACCEPTED
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Seller D. Klauer
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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
.
.
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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
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60!40 ";'Ilr:) A)O
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.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
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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.
--------------------- -----------------------------
\,
~:~
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t-'t
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0"-.:)
~
11:.
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,
,
,/ '"
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
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2. a ~ ,-fJ~
3. ~ &~ ;J6tfJthu
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4.;J~~~~ 1)/.
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7/ 411,~1:RJHJ j)~u /F4-
8.~ ,/J~J
9.
1.
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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, '- \
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2.
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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!
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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~ ~~_
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)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;,
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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~'^_______________
,
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/7 ^Va~ )(:f}2-L-L sr:. /3/ /It''<<4-<../::' &,4'-',
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. ' yyf1%�` , N �� �; aCD