John P. Michalakis/Richard L. Billmeyer Property Exchange - Kerper Blvd.
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RESOLUTION NO. 11 -99
RESOLUTION (1) APPROVING THE MINIMUM REQUIREMENTS,
COMPETITIVE CRITERIA, OFFERING PROCEDURES FOR
DISPOSITION OF CERTAIN URBAN RENEWAL PROPERTY; (2)
DETERMINING THAT THE PROPOSAL SUBMITTED BY JOHN P.
MIHALAKIS AND RICHARD L. BILLMEYER (DEVELOPERS) SATISFIES
THE OFFERING REQUIREMENTS AND DECLARING THE INTENT OF
THE CITY TO ENTER INTO THE AGREEMENT FOR THE EXCHANGE
OF LAND WITH DEVELOPERS IN THE EVENT THAT NO COMPETING
PROPOSALS ARE SUBMITTED; AND (3) SOLICITING COMPETING
PROPOSALS.
Whereas, the City of Dubuque, Iowa, did on August 15, 1994, adopt an Urban Renewal
Project known as the Kerper Boulevard Industrial Park Economic Development District (the "Plan")
for the urban renewal area described therein; and
Whereas, such Plan provides for, among other things, the disposition of properties for private
development purposes as a proposed renewal action; and
Whereas, John P. Mihalakis and Richard L. Billmeyer ("Developers") have submitted to the
City a specific proposal for the exchange of certain property owned by them, described as Part of
Lot 1 FDL First Addition and Lot 2 FDL First Addition (together, the "Exhibit A Property"), for
certain property owned or being acquired by the City (hereinafter defmed as the "Property"), for the
purpose of supporting the Eagle Window & Door expansion, together with the request that this
Property be made available for disposition as rapidly as possible; and
Whereas, in order to establish reasonably competitive bidding procedures for disposition of
the Property in accordance with the statutory requirements of Chapter 403, Code onowa. 1997,
particularly Section 403.8, and to assure that the City extends a full and fair opportunity to all
developers interested in submitting a proposal, a summary of submission requirements and minimum
requirements and competitive criteria for the Property offering has been prepared and is attached
hereto as Exhibit "A" and by this reference is made a part hereof, which sets out the minimum
requirements each proposal must satisfy in order to qualify for consideration with respect to the
competitive criteria, the information and documents which must be submitted, and the schedule for
submission and competitive bid-off procedures; and
Whereas, said Developers have tendered an Agreement for the Exchange of Land with the
City, attached hereto as Exhibit "B" (the "Agreement"), which proposes a land exchange with the
City for the purpose of supporting the Eagle Window & Door expansion; and
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Whereas, to both recognize the firm proposal for disposition of the Property already received
by the City, as described above, and to give full and fair opportunity to other developers interested
in submitting a proposal for development of the Property, this Council should by this Resolution:
1) Determine that the properties to be exchanged under the Agreement are substantially
equal in value and that the price offered by any competitive bid must be sufficient to
purchase outright the Exhibit A Property offered in the exchange;
2) Approve the Guidelines for Developers for the Kerper Boulevard Industrial Park
Economic Development District Urban Renewal Plan Area for submission of
proposals for the purchase and development of the Property and the minimum
requirements and competitive criteria attached hereto as Exhibit "A";
3) Approve as to form the proposed Agreement for the Exchange of Land attached
hereto as Exhibit "B";
4) Set a date for receipt of competing proposals and the opening thereof; establish a
procedure for each proponent to better its proposal and set a cutoff time for such
modification; and provide for review of such proposals with recommendations to this
Council in accordance with established procedures;
5)
Declare that the proposal submitted by Developers satisfies the requirements of the
offering, and that in the event no other qualified proposal is timely submitted that the
City intends to accept such proposal and enter into the Agreement for the Exchange
of Land and direct publication of notice of said intent;
6) Approve and direct publication of a notice to advise any would be competitors of the
opportunity to compete for purchase of the Property for development on the terms
and conditions set out above;
7) Declare that in the event another qualified proposal is timely submitted and accepted,
another and future notice will be published on the intent of the City to enter into the
resulting contract, as required by law; and
Whereas, this Council believes it is in the best interest of the City and the Plan to act as
expeditiously as possible to offer this Property for development as set forth herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the following described property ("Property") shall be offered for
development in accordance with the terms and conditions contained in this Resolution, to wit:
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Part of Lot 4 FDL First Addition and Part of Lot I, Block 5 Dubuque Packing Company
Addition, all in the City of Dubuque, Iowa.
Section 2. That in the reasonable judgment of this Council, the Property and the Exhibit
A Property offered in exchange by the Developers are substantially equal in value.
Section 3. That it is hereby determined that in order to qualify for consideration for
selection each Developer must submit a proposal which meets these minimum requirements:
a) Agrees to acquire the Property at not less than the cost to the City to purchase the
Exhibit A Property from the Developers for use in accordance with the Plan and the
Agreement;
b) Agrees to accept the Property in its "as is" condition and "with all faults" condition;
c) Agrees that the use of groundwater from the site of the Property is prohibited;
d) Agrees that all operations and activities (other than construction) on the Property
shall be conducted or maintained within completely enclosed buildings, except for
off-street parking and loading facilities;
e)
Agrees that no exterior storage shall be permitted on the Property other than exterior
trash collection areas that meet strict containment standards;
t) Acknowledges that any agreement to purchase the Property is subject to the
execution of a development agreement between the City and Eagle Window & Door,
Inc.; and
g) Agrees that the purchase of the Property is subject to final approval by the City
Council of the City of Dubuque, Iowa.
Section 4. That it is hereby determined that each proposal which satisfies the minimum
requirements as determined by the City, shall be reviewed on the basis of the strength of such
proposal as judged by the following competitive criteria:
a) Economic feasibility of the Proposal
I) The economic return to the community provided by the proposed
development including, but not limited to, the property and sales tax
generated, the number of jobs provided and the encouragement of similar and
related development in the urban renewal district;
2)
The ability of the prospective developer to finance and complete the project
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as proposed;
3)
The assurance provided to the City that the prospective developer will pay all
costs associated with the City's acquisition of the Exhibit A Property from the
Developers; and
4)
The likelihood that the City will be able to acquire the Exhibit A Property
from the Developers under the financing and legal structure proposed by the
prospective developer, taking into account the extent of the contingencies
(legal, financial or otherwise) associated with implementation of the
proposal.
b) Quality of the proposal
1) The overall cost ofthe project; and
2) The types of materials shown for construction of the structure.
c) Architectural design of the proposed development
1)
Compatibility of the design with surrounding structures, vistas, vehicular
activities and future development of adjacent property;
2) The functional design of the site, structure and all public spaces; and
3) The aesthetic quality of the development.
Section 5. That the proposed Agreement for the Exchange of Land by and between the
City and Developers be and is hereby approved as to form for the purposes hereinafter stated.
Section 6. That for the purpose of defining the offering of the Property for development,
said Agreement shall be deemed to be illustrative of the terms acceptable to the City with respect
to:
a) Purchase price;
b) Conveyance of property;
c) Use of property;
d) City improvements;
f)
Agreement with Eagle Window & Door, Inc.;
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provided, however, that each competing proposal and contract shall be permitted to:
a) Devise and report its own design for development so long as the minimum
requirements are met;
b) Devise and report its own method and sources of financing, so long as such proposal
is sufficient to permit the City to acquire the Exhibit A Property in a timely manner;
and
c) Allow taking possession of the Property to be delayed for up to six (6) months after
the execution of the contract.
No other substantive deviations will be permitted.
Section 7. That the proposed Agreement for the Exchange of Land submitted by the
Developer satisfies the requirements of the offering and, in the event that no other qualified
proposals are timely submitted, that the City enter into said Agreement is hereby accepted and
approved.
Section 8. That it is hereby determined that the Developers possess the qualifications,
financial resources and legal ability necessary to acquire and develop the Property in the manner
proposed by this offering in accordance with the Plan.
Section 9. That it is hereby determined that the Property and the Exhibit A Property to
be exchanged therefor are substantially equal in value and that the price offered by any competitive
bid must be sufficient to purchase outright the Exhibit A Property offered in the exchange.
Section 10. That the City Clerk shall receive and retain for public examination the
attached Agreement for the Exchange of Land submitted by the Developers and, in the event no
other qualified proposals are timely submitted, shall resubmit the same to this Council for final
approval and execution upon expiration of the notice hereinafter prescribed.
Section 11. That the action of this Council be considered to be and does hereby constitute
notice to all concerned of the intention of this Council, in the event that no other qualified proposals
are timely submitted, to accept the proposal of the Developers to enter into the Agreement for the
Exchange of Land by and between the City and Developers.
Section 12. That the official notice of this offering and of the intent of the City, in the
event no other qualified proposals are timely submitted, to enter into said Agreement, shall be a true
copy of this Resolution, but without the attachments referred to herein.
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Section 13. That the City Clerk is authorized and directed to secure immediate publication
of said official notice in the Telegraph Herald, a newspaper having a general circulation in the
community, by publication of the text of this Resolution without attachments on or before the 9th
day of January, 1999.
Section 14. That written proposals for the sale and development of the Property will be
received by the City Clerk at or before 10:00 a.m., February 15, 1999, in the Office of the City Clerk,
located on the first floor at City Hall, Dubuque, Iowa 52001. Each proposal will be opened at the
hour of 10:00 a.m. in City Hall, Dubuque, Iowa on February 15, 1999. Said proposals will then be
presented to the City Council at 7:00 p.m., February 15, 1999, at a meeting to be held in the
Auditorium of the Carnegie-Stout Public Library, Dubuque, Iowa.
Section 15. That such offering shall be in substantial conformance with the provisions of
Section 403.8, Code ofIowa, requiring "reasonable competitive bidding procedures" as are hereby
prescribed which method is hereby determined to be the appropriate method for making the Property
available for development.
Section 16. That the required documents for the submission of a proposal shall be in
substantial conformity with the provisions of this Resolution.
Section 17. That the City Clerk is hereby nominated and appointed as the agent of the City
of Dubuque, Iowa to receive proposals for the sale of the Property at the date and according to the
procedure hereinabove specified for receipt of such proposals and to proceed at such time to formally
acknowledge receipt of each of such proposals by noting the receipt of same in the Minutes of the
Council; that the City Manager is hereby authorized and directed to make preliminary analysis of
each such proposal for compliance with the minimum requirements established by this Council
hereinabove. For each proposal which satisfies these requirements, the Council shall judge the
strength of the proposal by the competitive criteria established hereinabove. The Council shall then
make the final evaluation and selection of the proposals.
Section 18. That following receipt of competing proposals, the Developers shall have until
10:00 a.m. on February 22, 1999, to amend its proposal in response and to deliver same to the City
Clerk.
Section 19. That if, and only if, competing proposals are received and determined by the
Council to meet the minimum requirements of this Resolution, and the Developers amend its
proposal in response thereto, such Council shall forthwith schedule a meeting within seven (7) days
after February 22, 1999, at which meeting there shall be a bid-off, each proposal against the other,
seriatim starting with the second proposal received until such time as each proponent for the sale of
the Property shall decline to improve its bid in response to the last bid of the other bidder or bidders.
The period of time to be allowed for such bid-off shall not be in excess of three consecutive hours
on said date. The rules of such bid-off shall be as informally determined by the Council at or before
. such bid-off period and shall be absolute.
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. Section 20. That in the event another qualified proposal is timely submitted and accepted
by the City, another and further notice shall be published of the intent of the City of Dubuque, Iowa,
to enter into the resulting contract, as required by law.
Passed, approved and adopted this 4th day of January, 1999.
Te ce M. Duggan
Mayor
Attest:
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Mary j. Davis
City Clerk
loandoc\mihala.res
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Exhibit "A"
GUIDELINES FOR DEVELOPERS FOR
THE KERPER BOULEVARD INDUSTRIAL PARK
ECONOMIC DEVELOPMENT DISTRICT
URBAN RENEWAL PLAN AREA
A. General
The following information is for the guidance of developers who are preparing a
development proposal. This is not all inclusive, and developers are responsible
for investigation of all matters which they take into consideration in preparing a
development proposal.
In addition, these Guidelines contain certain items which the developer is
required to submit, and which the City will need to enable it to evaluate each
proposal.
Development proposals are to be in accordance with all relevant federal, state
and local laws and regulations, including, but not limited to, the City of Dubuque
zoning ordinance and building codes, and must be in keeping with the
surrounding development. Proposals are also to be in accordance with
the"Kerper Boulevard Industrial Park Economic Development District" Urban
Renewal Plan of the City of Dubuque, Iowa, as adopted by the City Council of
Dubuque, Iowa on August 15, 1994, and as amended from time to time.
B. Description of the Project
1. Delineation of the Area
The City proposes to make available for purchase and development a
tract of land, containing approximately 5.89 acres as shown in Attachment
1 and legally described as follows: Part of Lot 4 FDL First Addition and
Part of Lot 1, Block 5 Dubuque Packing Company Addition, all in the City
of Dubuque, Iowa.
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The City currently owns or is negotiating the acquisition of the Property,
and will make the Property available for development as provided herein.
3. Proposed Land Use
Land Use is intended to be for those uses as listed in the Plan and the
City's Zoning Ordinance.
4. Land Acquisition
The developer's proposal should specifically provide for the developer's
acquisition of the Property.
5. Statement of Developer's Qualifications
The developer must provide adequate evidence, information and data to
the City of its financial ability to construct and complete the project
proposal, and must provide such further information as required or
. requested by the City from time to time. The right is reserved for the City
to reject any proposal where an investigation of the available evidence or
information does not satisfy the City that the developer is qualified to
properly carry out the development.
6. Knowledge of the Disposition Tract and Documents
Each developer should visit the project site and become fully acquainted
and informed regarding the existing conditions and the difficulties, if any,
and restrictions affecting development of the tract. The developer should
thoroughly examine, and become familiar with all parts of the documents
affecting same. The developer, by execution of the eventual development
agreement, shall in no way be relieved of any of its obligations due to
failure to receive or to examine any form of legal instrument, or failure to
visit the tracts to examine existing conditions. The City will be justified in
rejecting any claim based on facts which the developer should have noted
or become aware of.
7. Land Conveyance
The City will sell or otherwise transfer the Property to the approved
. developer, and will enter into contracts for such purposes, provided the
uses, private or public, proposed by the developer are consistent with the
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Plan. Such contracts shall be subject to the approval of City and to such
covenants, conditions and restrictions including covenants running with
the land, as may deemed to be necessary or desirable by the City
pursuant to the purposes of the Urban Renewal Law and the Plan. The
ultimate purchasers and their successors and assigns shall be obligated
to devote such Property only to the uses specified in the Plan. The
Property will be conveyed as rapidly as feasible in the public interest,
consistent with carrying out the provisions for the Plan. The developer
must submit to the City as part of its proposal a contract or contracts for
any such sale or transfer of real property or interest therein deemed
essential to the development.
Land Price
The Property sold or otherwise transferred by the City pursuant to the
proposal of the developer, will be done so at not less than an amount
sufficient to permit the City to purchase outright the parcels identified on
Exhibit A in the Agreement for the Exchange of Land with John P.
Mihalakis and Richard L. Billmeyer dated December 22, 1998, a copy of
which is available from the City Clerk (the "Exhibit A Property"). The City
makes no representation as to the value of the Exhibit A Property if
purchased for cash or the actual sum that may be required to purchase
the same from the owners thereof.
Purpose of Offering; Contingencies
The City is offering the Property for disposition for the sole purpose of
permitting it to acquire the Exhibit A Property to facilitate the expansion of
the Eagle Window & Door project. The present owners of the Exhibit A
Property have not offered to sell the same for cash, but instead by means
of an exchange for the Property, and there can be no assurance that a
cash purchase of the Exhibit A Property will be possible on terms desired
by a prospective developer. Significant contingencies therefore are
associated with the offering of the Property, and the City reserves the right
to reject any proposal which does not, in the sole judgment of the City,
satisfactorily address all contingencies related to the City's acquisition of
the Exhibit A Property.
10.
City Participation
City may make available to the selected developer such financial
assistance for which the developer may be eligible based on job
creation/retention, increase in tax base or other economic development
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objectives. Such assistance may include loans or grants subject to
compliance with applicable program requirements. The provision of
financial assistance to the developer shall be at City's sole discretion.
C. Submission Requirements
Developers will be required to submit, in form and manner acceptable to the City,
the following materials or other evidence of same:
1. Statement containing the developer's name, address, telephone number,
and the name of person(s) authorized to represent the development team.
2. Statement describing the development team's experience, background
and accomplishments pertinent to the proposal.
3. Brief project description including steps required by the City and
Developer to implement the project, including the means by which the City
would timely acquire possession of the Exhibit A Property.
4. Site plan at an approximate scale of 1 "=50' showing limits of the Property,
. approximate building dimensions, parking layout, ingress and egress to
the site, loading areas, landscaped areas, and adjoining streets.
5. Architectural drawings adequate to convey the character and design of
the project.
6. Firm financial commitment for construction and permanent financing or
demonstration of ability to timely finance the project.
7. Schedule of land acquisition and conveyance.
D. Reservation
The City reserves the right to make recommendations for changes in any
proposal submitted and may, in the process of this recommendation, allow the
developer to make such recommended changes in his or her proposals. The
City reserves the right to require additional information from the developer,
financial or otherwise, and to hold meetings with any developer to review the
offer and development proposal and to reject any or all proposals.
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E.
Selection of Developer
A development agreement will be accepted from the developer submitting an
acceptable development proposal as the City deems to be in the public interest,
and for the best development of this portion of the Urban Renewal Area. The
City will also take into account, among other factors, the quality of proposed
development as reflected in the proposal and conformity with the enclosed
documents, including these guidelines.
The following are among the criteria the City may apply in reviewing any
proposals:
1. Site Plan
2. Quality of Architectural Design
3. Building Materials
4. Compatibility with the Total Area to be Developed
5. Use Commitments
6. Legal Ability of the Developer to Implement the Project
7. Caliber and Experience of the Development Team
8. Method, Source and Level of Financing Commitments.
9. Likelihood of City's ability to acquire Exhibit A Property.
The successful developer will be notified by the City.
F.
Assignment of Interest
No developer shall assign or transfer to any other person of corporation, any
interest in his or her proposal prior to the award of a contract for private
development without the express written authorization of the City. After award of
such contract and until the proposed development has been certified by the City
to be complete, no interest in the contract may be assigned or transferred
without the written consent of the City, and the City reserves the right without
qualifications, to require of any proposed assignee the same qualifications and
financial responsibility and such other requirements made of the original
developer pursuant to the instructions herein contained.
G.
Development Plan
The contract documents with the developer will conform with applicable local,
state and federal statutes, ordinances and regulations referred to in Paragraph I
hereof, and in furtherance of the Urban Renewal Plan as approved and adopted.
The City has established that it wishes to encourage development of the
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property as an industrial park and has prepared an Urban Renewal Plan that is
compatible with such intent.
H.
Subsoil Investigations
A Phase 1/11 Environmental Assessment of the Property is available upon
request. The City makes no guarantees or representations as to the suitability of
the subsoil conditions, or concerning the environmental conditions that may be
present thereon.
I. Development Pursuant to Federal, State and Local Laws
These Guidelines for Developers and all dispositions procedures are subject to
all provisions of applicable statutes of the United States of America, the Iowa
Urban Renewal Statute, Chapter 403 Code of Iowa, and applicable laws, codes
and ordinances of the City of Dubuque, Iowa, including but not limited to zoning,
building, health and housing.
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EXHIBIT B
DATE: 11 Ate 90
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Exhibit "B"
AGREEMENT FOR THE EXCHANGE OF lAND
This AGREEMENT is made and entered into thi~ day of ~ , 1998
by and between JOHN P. MIHALAKIS and RICHARD L. BILLMEYER, and the CITY OF DUBUQUE,
IOWA, a municipal corporation.
Section 1.
DEFINITIONS. As used in this Agreement, the following terms shall have the
following meanings:
1.1
1.2
1.3
"Developers" shall mean John P. Mihalakis and Richard L. Billmeyer.
"City" shall mean the City of Dubuque, Iowa
"Hazardous Substance" shall mean any substance that is toxic, ignitable, reactive or
corrosive or that is identified or defined as hazardous by any local government, the state of Iowa, or
the United States government as such identification or definition may be amended during the term
of this agreement. The term includes, but is not limited to, all hazardous wastes, hazardous
materials, regulated substances, asbestos, polychlorinated biphenyls (PCB), urea formaldehyde,
flammable explosives, radioactive materials, solid waste, oil, petroleum, and petroleum products.
1.4 "Closing Date" shall mean the date for the exchange of deeds which shall take
place upon the satisfaction of all conditions of this agreement but no later than the date of closing
of the Eagle Agreement with the City.
1.5 "Parcel A" shall mean the real estate owned by Developers and described in Exhibit
A.
Page 1. of 11
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1.6 "Parcel B" shall mean the real estate owned by City and proposed for acquisition by
City and described in Exhibit B.
1 .7 "City Improvements" shall mean the excavation and filling of a portion of Parcel B
and the construction of a proposed City street, including sanitary sewer and water mains to be
constructed at the expense of City as described in Section 6 hereof.
Section 2.
PRELIMINARY ACTIONS
2.1
Environmental Review. City shall furnish Developers with an environmental audit
report from an engineering or other firm acceptable to Developers which shall report that, after
appropriate investigation by such firm, there is no apparent or likely contamination of the City's land
to be conveyed to Developers or of the Seller's land to be conveyed to City by any Hazardous
. Substance.
2.2 Timinc and Costs. City shall obtain the environmental audit report within twenty
days after the date hereof. The cost of obtaining the environmental audit shall be paid by City.
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2.3 Richt to Withdraw UDon Review. In the event any contamination by a Hazardous
Substance is identified or suspected as a result of said environmental audit, Developers or City may,
at their discretion, revoke this contract by written notice to the other within fourteen (14) working
days after receipt of the report. Said revocation shall relate back to the moment of acceptance.
Section 3.
CONVEYANCE TO CITY
3.1 Delivervof Deed. On the Closing Date, Developers shall convey title to Parcel A
to City subject only to easements, restrictions, conditions and covenants of record.
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3.2 "As is" Condition. Developers are transferring the real estate to City, in its" AS
IS" and "WITH ALL FAULTS" condition and Developers have not made and will not make any
warranties or representations with respect to the physical condition of the real estate. City agrees
that it has been given full and ample opportunity to inspect the real estate and that in acquiring the
real estate City shall be relying totally on its own investigations and inspections. City will, at its
own expense, and based on its own investigation satisfy itself as to any environmental questions.
Developers make no representations of any type relative to the environmental condition of the land.
3.3 Continuation of Abstract. Developers shall furnish and deliver to the City of
Dubuque an abstract of title continued through the date of this Agreement showing merchantable
title to Parcel A in Developers. City agrees to pay the cost of abstract continuation. Developers
agree to obtain court approval of this contract, if requested by City, if title to the real estate
. becomes an asset of any estate, trust, conservatorship or guardianship.
3.4 Pavment of Taxes and Assessments. Developers agree to pay all liens and
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assessments against the real estate, including all taxes and special assessments payable until
surrender of possession as required by Section 427.2 of the Code of Iowa.
3.5 Form of Deed. Developers shall deliver to City Developers' duly recordable Warranty
Deed to Parcel A in a form satisfactory to City.
3.6 Pavment of Survev and Plattina Exoenses. All expenses in connection with the
surveying, platting, recording of Parcel A shall be paid by City.
Section 4.
CONVEYANCE TO DEVELOPERS
4.1 Deliverv of Deed. On the Closing Date, City shall convey title to Parcel B to
Developers subject only to all easements, restrictions, conditions and covenants of record.
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4.2 Subiect to Citv's acauisition of all reauired oarcels. It is hereby acknowledged by
the parties that a portion of the property included in Parcel B is not owned by City at the time of
this Agreement. City shall use its best efforts, including the exercise of eminent domain powers, if
necessary, to acquire that portion for the purpose of conveying the same to Developers. This
Agreement shall be subject to the City's acquisition of all property included in Parcel B.
4.3 "As is" Condition. City is transferring Parcel B to Developers, in its "AS IS" and
"WITH ALL FAULTS" condition and City has not made and will not make any warranties or
representations with respect to the physical condition of Parcel B. Developers agree that they have
been given full and ample opportunity to inspect Parcel B and that in acquiring Parcel B Developers
shall be relying totally on their own investigations and inspections. Except a provided in Section 2
Developers will, at their own expense, and based on its own investigation satisfy itself as to any
. environmental questions. City makes no representations of any type relative to the environmental
condition of the land.
4.4 Continuation of Abstract. City shall furnish and deliver to Developers an abstract of
title continued through the date of this Agreement showing merchantable title to Parcel B in City.
City shall pay the cost of abstract continuation.
4.5 Pavment of Taxes and Assessments. City agrees to pay all liens and assessments
against the real estate, including all taxes and special assessments payable until surrender of
possession as required by Section 427.2 of the Code of Iowa.
4.6 Form of Deed. City shall deliver to Developers City's duly recordable Warranty Deed
to Parcel B in a form satisfactory to Developers. The deed to Developers shall be an undivided
3/5ths to John P. Mihalakis and an undivided 2/5ths to Richard L. Billmeyer, as tenants in common.
.
4
.
.
.
4.7 Payment of Survey and Plattina Exoenses. All expenses in connection with the
surveying, platting, recording of Parcel B shall be paid by City.
Section 5.
5.1
TAX-FREE EXCHANGE
City and Developers agree that the respective values of the lands to be exchanged
under this contract are equal. .
5.2 City and Developers agree that both are entering into the Agreement on an arms-
length basis and are not otherwise compelled to enter into the same.
5.3 This Agreement is intended to qualify as a tax free exchange of lands to Deyelopers
and any provision of this contract that is inconsistent with that intention shall be of no force or
effect.
Section 6.
CITY IMPROVEMENTS
6.1 Excavation and Filina of Parcel B. As soon as weather and soil conditions permit,
City agrees at its expense to excavate and fill in accordance with generally accepted engineering
practices, a portion of Parcel B. As part of the excavation, City shall remove the silt and muck so
as to prepare the real estate for filling and building construction. The portion of Parcel B to be
excavated and filled with sand shall be 200 feet in depth and not less than 612 feet in length,
parallel and adjacent to the full length of the new public street to be constructed as shown by
Exhibit n B". Upon completion of excavation as aforesaid, City shall fill the excavated area with sand
to the depth and of the same quality as the filling performed by City on the land to be conveyed to
Eagle Window & Door Company. The length of the 200 foot wide strip to be excavated and filled
5
.
by City shall be not less than 61 2 feet in length and may be more depending upon exact
measurement after construction of the City street. All of the excavation and filling work and street
construction work described in this agreement shall be at the expense of City and at no cost to
Developers. The excavation and filling by City shall be in accordance with Kerper Blvd. Industrial
Park Site Grading and Storm Sewer Plan prepared by IIW Engineers and Surveyors dated July 11,
1 997. Developers agree that City will be unable to do the excavating and filling work until weather
and ground conditions permit and that there could be a delay of 1 to 2 years in completing the
work. However, City agrees to do this work as soon as the conditions permit. City agrees to, at its
expense, cover the area of Parcel B north or the approximate top of slope but not included in the
portion to be excavated and filled as previously described in this paragraph with 2 feet of sand.
This provision relates to the muck and mud which is not going to be removed by City. This work
. will be completed by City as soon as ground and weather conditions permit.
6.2 Construction of Street. City shall construct a public street adjoining the north
boundary of Parcel B as per preliminary plans by IIW Engineers on or before December 15, 1999.
6.3 Construction of Sewer and Water Stub Lines. City further agrees to stub one water
and one sewer line into Parcel B from the water and sewer lines to be constructed by City under the
new City street, so that Developers need not cut into or dig up the new City street when
Developers wish to begin construction on Parcel B.
6.4 Fencler Street Ovemass Construction and Related Actions. As further consideration
for this tax-free exchange of lands, City agrees as follows:
6.5 Extension of Kemer Boulevard Storm Sewer Trunk Line. City will pay to
Developers the sum of $20,000.00 to assist Developers in extending the Kerper Boulevard storm
.
6
.
.
.
sewer trunk line adjacent to Kerper Boulevard. Developers will be responsible for the construction
of the storm sewer trunk line. The $20,000.00 City payment will be made to Developers upon
completion of the work by Developers' contractor.
6.6 Fengler Street Overoass. City has advised Developers that the Fengler Street
overpass bridge will be reconstructed by City. City has further advised Developers that at such time
as the Fengler Street bridge is reconstructed City will close the existing curb cut from Kerper
Boulevard entering Developers' building location at the foot of Fengler Street.
City agrees, however, at the time of rebuilding of the Fengler Street bridge, to open the
Kerper Boulevard median to two lanes of traffic directly opposite Developers' existing southerly
most curb cut entering Developers' parking lot at its current building location so that at no time will
Developers be without access to Kerper Boulevard.
Upon completion of the Fengler Street bridge, City will grant to Developers a right-of-way
easement approximately 24 feet in width (this is an estimate only; City agrees to give Developers
the maximum easement width available after completion of the Fengler Street overpass) measured
from the Northerly side of Developers' building and extending from the intersection of Kerper
Boulevard and Fengler Street along the Northerly side of Developers' building, running the full depth
of Developers' real estate with City retaining the right to come upon the right-of-way for
maintenance work on the Fengler Street bridge and fill. Developers shall also be entitled to use this
right-of-way for parking purposes for Developers and their customers and tenants.
Section 7. USE OF PROPERTY BY DEVELOPERS. Developers agree that the following
conditions shall apply to the development and use of Parcel B:
7
.
7.1 Use of Groundwater Prohibited. The use of groundwater from the property is
prohibited as per the Risk-Based Evaluation for Planning and Development prepared by Terracon and
dated March 16,1 998.
7.2 Construction Procedures. All construction activities shall require the implementation
of dust control procedures, address issues of soils removed from excavations for off-property
disposal and include these findings in contractor health and safety plans.
7.3 Ooerations Within Enclosed Buildinas. All operations and activities (other than
construction) shall be conducted or maintained within completely enclosed buildings, except for off-
street parking and loading facilities.
7.4 Exterior Storage:
No exterior storage shall be permitted on the property other than exterior trash
. collection areas as described in Section 7.5.
7.5 Exterior Trash Collection Areas:
(1) The storage of trash and debris shall be limited to that produced by the principal
.
permitted use and accessory uses of the lot.
(2) The ground area coverage of exterior trash collection areas shall be the area
contained inside the required screening and this area shall be a considered a building-related feature
for purposes of calculating total land area coverage.
(3) Exterior trash collection areas shall be located in rear or side yards only.
(4) All exterior trash collection areas and the materials contained therein shall be visually
screened from view. The screening shall be completely opaque fence, wall or other feature not
exceeding a height of 10 feet measured from the ground level outside the line of the screen.
Screens built on sloping grades shall be stepped so that their top line shall be horizontal. Exposed
8
.
.
.
materials used to construct the opaque screen shall be similar in appearance to materials used for
exterior building walls. All exterior entrances to a screened trash area shall be provided with a gate
or door of similar design to that of the screen.
If a 10-foot high screen fails to shield the exterior trash collection area from view from
points inside or outside of the property, evergreen plantings may be required in addition to the
screening. Evergreen plant materials shall be selected and designed so that they will screen the
area from all off-site visibility within five (5) years.
Section 8.
MISCELLANEOUS
8.1 Bindina on Successors. This Agreement shall apply to and bind the legal successors
in interest of the Developers
8.2 Final Aooroval of Citv Council. This Agreement shall be subject to the final
approval by the City Council of the City of Dubuque, Iowa.
8.3 Aareement with Eaale Window and Door. This Agreement shall be subject to
execution of a development agreement between the City and Eagle Window and Door Company
(Eagle Agreement) for the purchase and development of an adjacent parcel in the Kerper Boulevard
Industrial Park Economic Development District. Developers and City aCknowledge that the land sale
contemplated by the Eagle Agreement may not close until June 30, 1999 and that Eagle Window or
its Developer may desire access to the parcels shown on Exhibit "A" prior to such closing.
Developers therefore agree that the City shall have the right to negotiate an agreement with Eagle
Window permitting Eagle Window or its Developer access to the parcels shown on Exhibit" A" prior
to the closing of the Eagle Agreement for site preparation, provided that such agreement shall
9
.
require Eagle Window or its Developer, in the event that the land sale contemplated by the Eagle
Agreement does not close by June 30, 1999, to restore the parcels, by August 1, 1999, to their
condition prior to such site preparation.
8.4 Urban Renewal Reauirements. This Agreement and the disposition of City's real
estate shall be subject to the requirements of Iowa Code Chapter 403.
8.5 Entire Aareement. This Agreement constitutes the entire agreement between City
and Developers and there is no agreement to do or not to do any act or deed except as specifically
provided for herein. Each page and each attachment is by this reference made part hereof and the
entire agreement consists of eleven (11) pages.
8.6 Rescission of Prior Aareement. Upon execution by the parties and approval of this
Agreement by the City Council of the City of Dubuque, Iowa, the previous agreement between the
. parties for the exchange of lands dated September 30, 1997, is automatically rescinded. However,
if the agreement between Eagle Manufacturing and its developer and the City of Dubuque does not
close according to the terms of that agreement, the previous agreement referred to in this paragraph
will be reinstated.
8.7 Declaration of Value Exemotion. Parcel A is being acquired for public purpose and
the transfer to City from Developers is exempt from the requirements for the filing of a Declaration
of Value by Section 428A.1 of the Code of Iowa.
IN WITNESS WHEREOF, City has caused this Agreement to be duly executed in its name
.
10
.
.
.
and behalf by its Mayor and attested by its City Clerk, and Developers have caused this Agreement
to be executed in person on or as of the date first above written.
DEVELOPERS
CITY OF DUBUQUE, IOWA
By
Terrance M. Duggan, Mayor
By
Mary A. Davis, City Clerk
11
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CITY OF DUBUQUE, IOWA
MEMORANDUM
December 30, 1998
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Disposition of Kerper Boulevard Industrial Park Property
Agreement for the Exchange of land with Mihalakis/Billmeyer
.
Community and Economic Development Director Jim Burke is recommending
initiation of a proposal to dispose of land at the Kerper Boulevard Industrial Park to
John Mihalakis and Richard Billmeyer and the setting of a public hearing for
February 15, 1999. This would take the form of a land swap, in that they own
land at the Park needed to complete the Eagle Window relocation to the Park.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/j
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
.
.
.
.
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 29, 1998
TO:
FROM: mmunity and Economic Development Director
SUBJECT: Disposition of Kerper Boulevard Industrial Park Property
Agreement for the Exchange of Land with MihalakislBillmeyer
INTRODUCTION
This memorandum presents for City Council consideration a Resolution initiating the exchange
ofland between the City and John P. Mihalakis and Richard L. Billmeyer. The Resolution
establishes the minimum development parameters, accepts the Agreement for the Exchange of
Land and solicits competitive proposals from other developers. Unless competing proposals are
received, the Council will act on this request at its February 15, 1999 meeting. The Agreement
for the Exchange of Land is attached to this memo.
BACKGROUND
In 1994, the City Council established an urban renewal plan for the proposed Kerper Boulevard
Industrial Park. Adoption of the plan and establishment of a tax increment financing district set
the stage for development of this property for industrial purposes. Since that time, the City has
worked to consolidate property ownership, prepare the site for development and begin the
remediation of environmental problems.
The City, in order to consolidate sufficient acreage to accommodate the planned expansion of
Eagle Window & Door, has worked over the last several years with Mr. Mihalakis and Mr.
Billmeyer to acquire property they own in the northeast comer of the industrial park. See Exhibit
A of the attached Agreement. The agreement that has been signed by the property owners will
swap ownership of their property (1.74 acres bisected by platted but unnecessary public right of
way) for 5.89 acres (3.8 buildable) located south of the proposed public street and along Kerper
Boulevard. See Exhibit B of the Agreement. The swap is comparable, giving each owner a
substantially equivalent development parcel of similar buildable size with Kerper Boulevard
frontage.
The parcel identified in Exhibit B is presently owned by both the City and Farmland Foods. The
City will accept ownership of the entirety of this parcel prior to closing with both Eagle Window
. & Door and Mihalakis/Billmeyer. The City has tentative approval of the acceptance of this land
from Farmland Foods.
As the property is located in an urban renewal district, the City must follow urban renewal
disposition rules. In general, the law requires that the City may sell or lease or otherwise transfer
property to private persons only under reasonably competitive bidding procedures. These
include an invitation for competing proposals and a thirty-day public notice ofthe City's intent to
execute any contract.
DISCUSSION
Disposition Resolution
Accompanying this memorandum is a Resolution which initiates the proceedings required for
disposing of property within the Kerper Boulevard Industrial Park Economic Development
District to Mihalakis/Billmeyer. In brief, it: 1) establishes the value for the property; 2)
approves guidelines for submission of proposals for the purchase and development of the
property; 3) approves the form of agreement with Mihalakis/Billmeyer; 4) sets a schedule and
procedure for receipt and review of competing proposals; 5) declares that the agreement satisfies
the offering requirements and that the City intends to execute the agreement if no other qualified
proposal is submitted; and, 6) directs the publication of notice of the opportunity to compete for
the purchase and development of the site.
.
The proposed solicitation of competing bids offers the City's property (Exhibit B property) for
sale at a price sufficient to purchase outright the Mihalakis/Billmeyer property. The City's bond
attorney has advised us that this would be the best way to make a reasonably competitive
offering since there are no other adjacent property owners able to make a comparable exchange.
Agreement for the Exchange of Land
The Agreement incorporated within the Resolution establishes the terms of the exchange of the
property. The key elements of the Agreement include the following:
1) The property will be conveyed as a tax-free exchange of parcels of equal value.
2) The property will be conveyed by warranty deed on or before June 30, 1999
(subject to closing with Eagle Window & Door).
3) The City will excavate and fill a portion ofthe Exhibit B parcel to meet certain
development standards.
4) The City will construct a public street providing access to the Exhibit B parcel by
December 15, 1999.
.
5)
The City will provide other public infrastructure to the site and will assist
developers with the extension of a storm sewer along Kerper Boulevard through a
payment of $20,000 on completion of work.
.
.
.
6)
The developers agree to operate any use on the property within completely
enclosed buildings with no exterior storage allowed.
Although Mihalakis and Billmeyer have executed the Agreement, the City may not sign it at this
time. Urban renewal law requires that other qualified parties must be given an opportunity to
submit competing proposals. The above described Resolution provides for that procedural
requirement with the result that the City may not sign the Agreement before February 15, 1999.
RECOMMENDATION
I recommend that the City Council initiate the procedures required for the exchange of land in
the Kerper Boulevard Industrial Park with John P. Mihalakis and Richard L. Billmeyer. This
action is necessary to accommodate the planned expansion of Eagle Window & Door.
ACTION STEP
The action step for the City Council is to adopt the attached Resolution.
attachments
loandoc\mihala.mem
~
~
titive Crlt
lfferin
ides
)It "A
made a
sets Out
Temente
,ohneret {' ,
d noire
Ars; and
and x • :.
S ea ' dR
gyred a iil`lt
hange of uta With
attached Nieto as
(the «
oposes
Kith the • F,r
�f
Supp
low & D.. r.t:•
d
the
The
off
.P
by t e as
above, e
air op • e + to to
)opera ;In'
for
nt of the r f
cel should z s
line that
xchanied
t are
3d by any
ust be to
utriyht that It A
offereC? Jg the
and "with an mulls" conditto
c) Agrees that the use of
groundwater from the site
the Property is prohibited;
d)Agrees that all operations
and actNkies (other than con-
struction) on the Property shall
be conducted or netintained"
within Complete) bnclosed
buildings, except Off-street
perking and•loadl
,- e) AgrNathat nil -anterior
storage -shah be permitted
the Property other than exteri-
or trash collection areas that
meet strict containment stan-
dards;
f) Acknowledges that any
agreement to purchase the
Property Is subject to the exe-
cution of a development
agreement between the City
and Eagle Window & D
Inc.; and
g) Agrees that the purchase
of the Property Is subject to
final approval by the City
Council of the City of
Dubuque, Iowa.
Section 4. That It Is hereby
determined that each proposal
which satisfies the minimum
requirements as determin
by the City, shall be reviewed
on the basis of the strength of
such pI I as Judged by
the follcCompetklve crite-
ria:
a)Economlc feasibility of the
,e the
for
Indust
o - alt
ban flan Plan
bmissi$nOf
curchase
f the
num r
,npetitive
ereto as
rove as
AiLard
xhiblt B
date for of
propo the
'for each a
s
Or,SU
3rovlde fd' of
Jose's with .iecom-
ls to this Cfuindl In
:e with established
re that the proposal
by Dev sat -
require of the
nd that In event
quaffed proposal is --
,miffed thati'the City
1 accept such pro-
d enter Into the
t for the Exchange
rd direct publication
4 said intent; t
vel -
and
tI slits
4 .'h "A"t-
the
the
ed
and.. lege. *body:, necessary to
acquire and develop the
Property In the manner pro-
posed by this offering in
Ce with the Plan.
t4i 9. That It Is hereby
dltaittlined that the Property
add the Exhibit A Property to
be exchanged .therefor a
*Mat Ilyf • 1 In value
aijd. 9
r:Ofmru$tbbee
fOlkachdre outright
the �„�`” offered
In the exchange.
Section 10. That the City
Clerk shall receive and retain
for public examination the
attached Agreement for th
Exchange of Land submitted
by the Developers and, in the
event no other qualified pro-
posals are timely submitted,
shall resubmit the same to this
Council for final approval and
execution upon expiration of
the notice hereinafter ,pre-
scribed. -
Section 11.That the action
this Council be considered ,to
be and does hereby constitute
notice to all concemed of the
Intention of this Council, in the
event that no other qualified
proposals are timely submit-
ted, to accept the proposal of
the Developers to enter into
the Agreement for the
Exchange of Land by an -
between the City and
Developers.
Section 12. That the official
notice of this offering and of
the Intent of the City, In the
event no other qualified pro-
posals are timely submitted, to
enter Into said Agreement,
shall be a true copy of this
Resolution, but without the -
attachments referred to herein.
Section 13. That the City
Clerk Is authorized and direct-
ed to secure immediate publi-
cation of said official notice in
the Telegraph Herald a news-
paper having a general circula-
tion in the community, by pub-
lication of the text of this
Resolution without attach.
ments on Or before the 9th day
of January, 1999.
Section 14.Tiiat written pro-
posals for the sate and devel-
opment of the Property will be
received by the City Clerk at or
Oder. . 1040 a.m. ' February
15, 1999, In the Office of the
City Clerk, located on the first
floor at City Hall, Dubuque.
Iowa 52001. Each proposal
will be opened at the hour of
10:00 a.m. in CityHall,
Dubuque, Iowa on Fbruary
15, 1999. Said proposals will
then be presented to the City
Council at 7:00 p.m., February
15, 1999, at a meeting to be
held in the Auditorium of the
Carnegie -Stout Public Library,
Dubuque, Iowa.
Section 15. That such offer-
ing shall be in substantial con-
formance with the provisions
of G.rti,.n 4n'l A Crena of
1 The economic retum to the
Community provided by the
proposed development inclu
ng, but not limited to, the
property and sales tax gener-
ated, the number of jobs pro-
vided and the encouragement
of similar and related develop-
ment in the urban renewal dis-
trict;
2)The ability of the prospec-
tive developer to finance and
complete the project as pr
posed;
3)The assurance provided to
the City that the prospective
developer will pay all costs
associated with the City's
acquisition of the Exhibit A
Property from the Developers;
and
likelihood that the City
will be able to pcauire. th
Exhibit A Property from the
Developers under the financ-
ing and legal structure pro,
posed by the prospective
developer, taking Into account
the extent of the contingencies
(legal, financial or otherwise)
associated with implementa-
tipn of the proposal.
b Quality of the proposal..1;The overall cost of the pro-
ject; and
2) The types of materials
shown for construction of the
structure.
c)Architeotural design of the
proposed development
1)Compatibflity of the design
with surrounding structures,
vistas, vehicular activities an
Oar, a1t;W,rtux way 44 i44:10,
at which meting there siva be
a bld-off, each proposal
at_. tie other, seriatim
the second
portal r?ailved until such time
as each ptbponent for the sale
shall decline to
improve Itti bid In response to
the last,bid 4 .the other bidder
or to bead for bldidditkrItierlod of g
shelf' thexc ee of three
coke it6ttrt on said
date. TAe fusee Of such bid -b f i
shall b41 !s" iibm8lly Mar -
mined by- the Council at or
before such bid off period and
shall be,absolute.
Section 20.That In the event
another qualified proposal Is
timely submitted and accepted
by the City, another and fur-
ther notice shall be published
of the Intent of the City
Dubuque, Iowa, to enter Into
the resulting contract, as
required by law.
Passed, approved and adopt-
ed this 4th ',day of January,
1999...
Tarrant* M. Duggan, Mayor
Attest:..
Mary A. Davis, City Clerk
Published` officially In t
Telegraph; Herald ne speper
this 8th day of January, 1999.
It 1/8
r
STATE OF IOWA {SS:
DUBUQUE COUNTY
CERTIFICATION OF PUBLICATION
I, Kathy Hefel, a Billing Clerk for Woodward Communications, Inc., an Iowa
corporation, publisher of the Telegraph Herald, a newspaper of general circu-
lation published in the City of Dubuque, County of Dubuque and State of Iowa;
hereby certify that the attached notice was published in said newspaper on the
following dates C� nL < /t y
U , 19 7 , and for which the
charge is S A=` 7
Subscribed to before me, a Notary Public in and for Dubuque County, Iowa,
this 45% day of 19 9 9 .
Notary Pu " is in and for Dubuque County,
14.T
MARY K. WEST ERMEYER
MYCOMMISS'ONEXPIRES
„w. February i, 1999
dab