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Barge Fleeting on the Mississippi River E ~ CITY OF DUBUQUE, IOWA MEMORANDUM December 13, 2000 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Barge Fleeting on the Mississippi River The City Council, at its December 4,2000 meeting, reviewed the three proposals from Artco to lease City property for barge fleeting. The sites included City Island, the Sinclair site and the Riprow Valley site. The City Council eliminated the City Island site and gave instruction to prepare information on fleeting at the Riprow Valley site and Sinclair site. A previous agreement approved by the City Council related to the purchase and finalizing of the Riprow Valley property states, "The City agrees that it will restrict use of the property to recreational 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." I apologize that this information was not brought forward sooner. I respectfully recommend that the Riprow Valley site be removed from consideration for the January 15,2001 Public Hearing. Mic MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Tim Moerman, Assistant City Manager Michael A. Koch, Public Works Director CITY OF DUBUQUE, IOWA MEMORANDUM December 7,2000 To: Michael C. Van Milligen, City Manager From: Tim Moerman, Assistant City Manager RE: Barge Fleeting on the Mississippi River The City Council, at its December 4, 2000 meeting, reviewed the three proposals from Artco to lease City property for barge fleeting. The sites included City Island, the Sinclair site and the Riprow Valley site. The City Council eliminated the City Island site and gave instruction to prepare information on fleeting at the Riprow Valley site. The documents for the purchase ofthe 21 acres of property from Bob and Lavita Klauer include a Guarantee Agreement. The Guarantee Agreement was necessary to ensure that the City received the final $240,000 ofthe payment to the Klauers ifthere is a funding shortfall after a 36-month period. The Purchase Agreement was signed by eight individuals who are collectively providing a personal guarantee ofthe final $240,000 of the payment. One of the provisions of the Guarantee Agreement is item 4., which states that, "The City agrees that it will restrict use of the property to recreational 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 ofthe property." A copy ofthe Guarantee Agreement and a map ofthe property are attached. I contacted Corporation Counsel Barry Lindahl and he advised that the Guarantee Agreement prohibits the City from leasing the Riprow Valley property for the purpose of Barge fleeting. Also, Planning Services Manager Laura Carstens submitted an attached memo stating that the Riprow Valley site was recently rezoned to R-l Single-Family Residential. Let me know if you need any more information. Cc: Barry Lindahl, Corporation Counsel Mike Koch, Public Warks Director Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM December 6, 2000 TO: Michael C. Van Milligen, City Manager FROM: Laura Carstens, Planning Services Manager .~ SUBJECT: Barge Fleeting at Riprow Valley Site The proposal by Artco to fleet barges at the Riprow Valley site would require rezoning the river from R-l Single-Family Residential to HI Heavy industrial. LC/mkr GUARANTYAGREEMffiNT 1l1is 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, theJ::itydo~~_I1Qt l:!a~e available ~~_ufficient funds ~o~ 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; N ow, 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 Wldc:r the Agreement, the Guarantors agree to pay on .ruly 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 Wlder 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, ifany, 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 Guarantprs 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. [Guarantors] A4-uz&..J / La-<-<- Guarantor: M~Thibeau rlL; j) ~ a'l 1- t~~~a 8 11 ~.5 ~ 1 e .Bi ~ l!":;; '<5 "R -= ~ 11J 8 "" . "".s .0 '" .s .0 ~ ea u ~ ~ ~ .5 ~ ~ ~ .!'J .S< .s ~ .!'J ~ <: ~,g ~.s 101 'l5 :;;; ~ ~ 1lr ~ :..... !?~ ~i].\ii.~'R !r:;J!l ..: 0 -= -= i!.. ~ .- G 13 .~ .!'J .g ] :Q 11 ~.El i!gp~~ii'!~!?~ ~ -gj ;g ~ ~ 8 ~ ~ ~ 0 ct . +-' Q) Q) LL 0 0 ,... 0 0 0 ,... z+ c.. - a..: I~ cn~ a:~ We Z~ ~~ O~ >-~ W~ ...J"E ...J~ <(~ >~ ~~ O~ a:~ a..m - ~ a:~ RIPROW VALLEY OWNERSHIP * Acreage based on most recent survey dated Oct. 30, 1990 (instr. no. 10478-90b R_ , 758 ac.* 1.47 ac.* rfw 16.11 ac.* net LL JlY • &P R.R. 100 0 100 Feet Dubuque Area OEOORAPHIO INFORMATION SYSTEM Mg or Dubuque, Iowa NET AREA SUMMAR Lot 1-.1 NW -NE 16.11 ac. Lot 1-1 Gov't Lot 1 1.90 ac. Lot 1 Rock Cut Subd'n 0.52 ac. Lot A Gov't, Lot 1 0.26 ac TOTAL 18.79 ac. Disclaimer: This information was compiled using the Dubuque Area Geographic Information System (DAGIS). [t is understood that, while the City of Dubuque and participating agencies utilized the mast current and accurate information available, DAGIS and its suppliers do not warrant the accuracy or currency of the information or data contained herein.