Barge Fleeting on the Mississippi River
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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
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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
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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
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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.