Purchase of 735 Caledonia PlaceMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Authorization for Signature on Offer to Buy 735 Caledonia Place
Agreement
DATE: February 25, 2013
Dubuque
kital
All- America City
II 111!
2012
At the August 6, 2012 City Council meeting, the City Council authorized the acceptance
of the donation of 735 Caledonia Place from the James P. Lammer Estate.
The terms of the agreement are $1.00, City demolition of the partially burnt home on the
property, display of an American flag with a commemorative plaque, payment of the
$101.22 water bill and use the property for expansion of the Hilltop Park.
Leisure Services Manager Marie Ware requests City Council authorization for the City
Manager to sign the Offer to Buy Real Estate and Acceptance Agreement for 735
Caledonia Place.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie Ware, Leisure Services Manager
THE CITY OF
Dui
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
DATE: February 20, 2013
SUBJECT: Authorization for Signature on Offer to Buy735 Caledonia Place Agreement
Dubuque
All- America City
111 I'
2007
INTRODUCTION
The purpose of this memo is to request authorization for the City Manager to sign an agreement to buy 735 Caledonia Place.
BACKGROUND
The City Attorney's office and myself has been working with the Executor of the James P. Lammer Estate on a purchase
agreement for 735 Caledonia Place. This property is right next to Hilltop Park. In August the City Council approved the request to
accept the donation.
The terms of the agreement are $1, and City demolition of the partially burnt home on the property, display of an American flag
with a commemorative plaque, payment of $101.22 water bill and use the property for park expansion.
DISCUSSION
The addition of this lot is highly desirable as it allows the playground at the time of its replacement to a location that is handicap
acceessible. The hilltop location is also a beautiful location for a flag pole.
Funds have been identified for the deconstruction costs from C.I.P. 102 -2299 in the amount of $17,093. Jenny Larson has
approved this source as appropriate for the project.
The City Attorney's office has worked with us on abstract and preparation of the deed as well as reviewing the attached
agreement.
RECOMMENDATION
I recommend authorization for you to sign the Offer to Buy Real Estate and Acceptance Agreement for 735 Caledonia Place.
Prepared by:
MLW:et
cc:
Steve Fehsal
Gus Psihoyos
Crenna Brumwell
Jenny Larson
Mark Ludescher
Alvin Nash
Form 3.23: Release and Satisfaction of Judgment
2I eEB20 p1 3 314
In The Iowa District Court for Dubuque Corty COURT
Release and Satisfaction of Judgment
Plaintiff(s)
BELLIO.UEAUX ESTATES, L.C.
(Name)
(Name)
vs.
Defendant(s)
JAMES LAMMER a /k /a ESTATE OF JAMES LAMMER
(Name)
(Name)
Small Claim No. 01311 SCSC059403
To Judgment Debtor(s):
I (We) knowingly and voluntarily state that the judgment in this matter has been paid off or satisfied in full,
including interest and court costs, and I (we) release the Debtor(s) named above from any further
obligation on the judgment in this matter.
Note: Failure to satisfy and release a judgment, when paid off or satisfied in full, could result in a penalty
of $400.00 if not filed within 30 days of written request (Iowa Code section 624.37).
Date: - moo✓ a t
Date:
,.1drnent Creditor (must sign before a Notary) / k,---2
Judgment Creditor (must sign before a Notary)
tiPn� -L SF SUSAN M. TiGGES
Commission Number 113436
• 1t
Certification of Acknowledgment (Iowa Code section 624.37):
On this date, James W. Bauerly, Member /Manager of Belliqueaux Estates, L.C.
appeared before me, acknowledged that signing this Release and Satisfaction of Judgment was a
voluntary and knowing act, and signed the document before me.
Date: Z -Zb _ 2_ 13
Notary Public or Clerk of
• My Commission Eyjpire
THE CITY OF
DUB MEMORANDUM
Masterpiece on the Mississippi
TRACEY STECKLEIN
PARALEGAL
MEMO
To: Kevin Firnstahl
City Clerk
DATE: March 25, 2013
RE: Purchase of Property from the James P. Lammer Estate
735 Caledonia Place
Kevin:
Attached for your file is the original fully executed Offer to Buy Real Estate and
Acceptance regarding this matter. We will retain a copy in our file.
Thank you.
Attachment
F: \USERS \Cbrumwel \735 Caledonia\ Firnstahl _OriginalOfferToBuy_032513.doc
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001 -6944
TELEPHONE (563) 583 -4113 / FAx (563) 583 -1040 / EMAIL tsteckle @cityofdubuque.org
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
(NONRESIDENTIAL)
TO: Estate of James P. Lammer c/o Alison J. Prada, Executor (Sellers)
The undersigned BUYERS hereby offer to buy and the undersigned SELLERS by
their acceptance agree to sell the real property situated in Dubuque, Iowa, locally known
as 735 Caledonia Place, Dubuque, IA 52001 and legally described as:
Lot 2 of the Subdivision of the North 2/3 of Lot 34 of Kelly's Subdivision in the City of
Dubuque, Iowa, Dubuque County, Iowa, according to the recorded plat thereof
together with any easements and appurtenant servient estates, but subject to any
reasonable easements of record for public utilities or roads, any zoning restrictions
customary restrictive covenants and mineral reservations of record, if any, herein
referred to as the "Property," upon the following terms and conditions provided
BUYERS, on possession, are permitted to use the Property for: This property will be
used to expand the presently existing Hilltop Park which is adjacent to the property.
1. CONSIDERATION. The consideration for this transaction shall be the following:
A. The City of Dubuque will pay one dollar ($1.00) to the Estate of James P.
Lammer.
B. The damaged structure on said property will be demolished at the cost of the City
of Dubuque.
C. Any living plants and trees currently on the property will be conserved as much
as possible by the City of Dubuque.
D. The City of Dubuque will place an American Flag within the park The City of
Dubuque will affix to the flag pole a plaque which bears the following inscription:
"In honor of all who contribute military and public service to their country and
community, James P. Lammer, and the firefighters who assisted with the fire on
March 19, 2012 at this location."
E. The City of Dubuque will take title to this property subject to an existing unpaid
water bill of $101.22.
F. This property will be used by the City of Dubuque to expand the presently
existing Hilltop Park which is adjacent to the property.
2. REAL ESTATE TAXES. Sellers shall pay any unpaid real estate taxes
payable for fiscal year 2010 -2011 and prior years. Sellers shall also pay real estate
taxes for fiscal year 2011 -2012 prorated through the date of closing. Buyer shall pay all
subsequent real estate taxes after the date of closing.
3. SPECIAL ASSESSMENTS. Sellers shall pay all special assessments
which are a lien on the Real Estate as of the date of acceptance of this offer. All other
special assessments shall be paid by Buyers. The City of Dubuque shall waive any
1
special assessments for weeding and clean -up of the property once the City of
Dubuque acquires title to the property.
4. RISK OF LOSS AND INSURANCE. SELLERS shall bear the risk of loss or
damage to the Property prior to closing or possession, whichever first occurs.
SELLERS agree to maintain existing insurance and BUYERS may purchase additional
insurance. In the event of substantial damage or destruction prior to closing, this
Agreement shall be null and void; provided, however, BUYERS shall have the option to
complete the closing and receive insurance proceeds regardless of the extent of
damages. The property shall be deemed substantially damaged or destroyed if it
cannot be restored to its present condition on or before the closing date.
5. POSSESSION AND CLOSING. If BUYERS timely perform all obligations,
possession of the Property shall be delivered to Buyers on or before March 15, 2013,
and any adjustments of rent, insurance, interest and all charges attributable to the
SELLERS' possession shall be made as of the date of possession. Closing shall occur
after the approval of title by BUYERS and vacation of the Property by SELLERS, but
prior to possession by BUYERS. SELLERS agree to permit BUYERS to inspect the
Property within 72 hours prior to closing to assure that the premises are in the condition
required by this Agreement. If possession is given on a day other than closing, the
parties shall make a separate agreement with adjustments as of the date of possession.
This transaction shall be considered closed upon the delivery of the title transfer
documents to BUYERS and receipt of all funds then due at closing from BUYERS under
the Agreement.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong
to, are specifically adapted to or are a part of the real estate, whether attached or
detached. Also included shall be the following: N /A. The following items shall not be
included: N/A
7. CONDITION OF PROPERTY. BUYERS acknowledge that they have made a
satisfactory inspection of the Property and are purchasing the Property in its existing
condition.
8. ABSTRACT AND TITLE. SELLERS, at their expense, shall promptly obtain an
abstract of title to the Property and deliver it to BUYERS' attorney for examination. It
shall show marketable title in SELLERS in conformity with this Agreement, Iowa law,
and title standards of the Iowa State Bar Association. The SELLERS shall make every
reasonable effort to promptly perfect title. If closing is delayed due to SELLERS'
inability to provide marketable title, this Agreement shall continue in force and effect
until either party rescinds the Agreement after giving ten days written notice to the other
party. The abstract shall become the property of BUYERS when the Purchase Price is
paid in full. SELLERS shall pay the costs of any additional abstracting and title work
due to any act or omission of SELLERS, including transfers by or the death of
SELLERS or their assignees. Unless stricken, the abstract shall be obtained from an
abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority.
2
9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county
ordinances, SELLERS shall pay the costs thereof. BUYERS may, at BUYERS' expense
prior to closing, have the property surveyed and certified by a registered land surveyor.
If the survey shows an encroachment on the Property or if any improvements located on
the Property encroach on lands of others, the encroachments shall be treated as a title
defect.
10. ENVIRONMENTAL MATTERS.
A. SELLERS warrant to the best of their knowledge and belief that there are no
abandoned wells, solid waste disposal sites, hazardous wastes or substances, or
underground storage tanks located on the Property, the Property does not contain
levels of radon gas, asbestos, or urea - formaldehyde foam insulation which require
remediation under current governmental standards, and SELLERS have done
nothing to contaminate the Property with hazardous wastes or substances.
SELLERS warrant that the property is not subject to any local, state, or federal
judicial or administrative action, investigation or order, as the case may be,
regarding wells, solid waste disposal sites, hazardous wastes or substances, or
underground storage tanks. SELLERS shall also provide BUYERS with a properly
executed GROUNDWATER HAZARD STATEMENT showing no wells, private burial
sites, solid waste disposal sites, private sewage disposal system, hazardous waste
and underground storage tanks on the Property unless disclosed here: N/A
B. BUYERS may at their expense, within 14 days after the date of acceptance,
obtain a report from a qualified engineer or other person qualified to analyze the
existence or nature of any hazardous materials, substances, conditions or wastes
located on the Property. In the event any hazardous materials, substances,
conditions or wastes are discovered on the Property, BUYERS' obligation hereunder
shall be contingent upon the removal of such materials, substances, conditions or
wastes or other resolution of the matter reasonably satisfactory to BUYERS.
However, in the event SELLERS are required to expend any sum in excess of $ -0-
to remove any hazardous materials, substances, conditions or wastes, SELLERS
shall have the option to cancel this transaction and refund to BUYERS all earnest
money paid and declare this Agreement null and void. The expense of any
inspection shall be paid by BUYERS. The expense of any action necessary to
remove or otherwise make safe any hazardous material, substances, conditions or
waste shall be paid by SELLERS, subject to SELLERS' right to cancel this
transaction as provided above.
11. DEED. Upon payment of the Purchase Price, SELLERS shall convey the
Property to BUYERS by Court Officer's Deed, free and clear of all liens, restrictions, and
encumbrances, including but not limited to:
A. Claims against the Estate of James P. Lammer.
B. The March 31, 2006 mortgage to Intervale Mortgage Corporation, which
was recorded on April 12, 2006 as Instrument. No. 2006 -5168 and later assigned by
Instrument No. 2008 -4190 to HSBC Mortgage Services Inc.
3
C. Judgment, and interest, for the benefit of Belliqueaux Estates, L.C. filed on
September 18, 2007, and
except as provided in this Agreement. General warranties of the title shall extend to the
time of delivery of the deed excepting liens and encumbrances suffered or permitted by
BUYERS.
12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If SELLERS,
immediately preceding acceptance of the offer, hold title to the Property in joint tenancy
with full rights 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 Property, shall belong to SELLERS as joint tenants
with full rights of survivorship and not as tenants in common; and BUYERS in the event
of death of any SELLER, agree to pay any balance of the price due SELLERS under
this contract to the surviving SELLERS and to accept a deed from the surviving
SELLERS consistent with Paragraph 15.
13. JOINDER BY SELLER'S SPOUSE. SELLER'S spouse, if not a title holder
immediately preceding acceptance, executes this Agreement only for the purpose of
relinquishing all rights of dower, homestead and distributive share or in compliance with
Section 561.13 of the Code of Iowa and agrees to execute the deed or real estate
contract for this purpose.
14. STATEMENT AS TO LIENS. If Buyers intend to assume or take subject to a lien
on the Property, SELLERS shall furnish BUYERS with a written statement prior to
closing from the holder of such lien, showing the correct balance due.
15. 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.
16. CONSENT BY HEIRS. The Property is an asset of the Estate of James P.
Lammer. This Agreement is contingent upon Alison J. Prada, Executor of the James P.
Lammer Estate, obtaining consents from the heirs of the estate to transfer the Property
to the City of Dubuque as per this Agreement. If said consents to this Agreement are
not so obtained by March 5, 2013 either party may declare this Agreement null and
void, and any payments made hereunder shall be returned to BUYERS.
17. REMEDIES OF THE PARTIES.
A. If BUYERS fail to timely perform this Agreement, SELLERS may forfeit it as
provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited;
or, at SELLERS' option, upon thirty days written notice of intention to accelerate the
payment of the entire balance because of BUYERS' default (during which thirty days
the default is not corrected), SELLERS may declare the entire balance immediately
due and payable. Thereafter this Agreement may be foreclosed in equity and the
Court may appoint a receiver.
4
B. If SELLERS fail to timely perform this Agreement, BUYERS have the right to
have all payments made returned to them.
C. BUYERS and SELLERS are also entitled to utilize any and all other remedies
or actions at law or in equity available to them, and the prevailing parties shall be
entitled to obtain judgment for costs and attorney fees.
18. NOTICE. Any notice under this Agreement shall be in writing and be deemed
served when it is delivered by personal delivery or mailed by certified mail, addressed to
the parties at the addresses given below.
19.GENERAL PROVISIONS. In the performance of each part of this Agreement,
time shall be of the essence. Failure to promptly assert rights herein shall not, however,
be a waiver of such rights or a waiver of any existing or subsequent default. This
Agreement shall apply to and bind the successors in interest of the parties. This
Agreement shall survive the closing. This Agreement contains the entire agreement of
the parties and shall not be amended except by a written instrument duly signed by
SELLERS and BUYERS. Paragraph headings are for convenience of reference and
shall not limit or affect the meaning of this Agreement. Words and phrases herein shall
be construed as in the singular or plural number, and as masculine, feminine or neuter
gender according to the context.
20. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of
a real estate agent or broker in connection with this transaction.
21. CERTIFICATION. Buyers and Sellers each certify that they are not acting,
directly or indirectly, for or on behalf of any person, group, entity or nation named by any
Executive Order or the United States Treasury Department as a terrorist, "Specially
Designated National and Blocked Person" or any other banned or blocked person,
entity, nation or transaction pursuant to any law, order, rule or regulation that is
enforced or administered by the Office of Foreign Assets Control; and are not engaged
in this transaction, directly or indirectly on behalf of, any such person, group, entity or
nation. Each party hereby agrees to defend, indemnify and hold harmless the other
party from and against any and all claims, damages, losses, risks, liabilities and
expenses (including attorney's fees and costs) arising from or related to my breach of
the foregoing certification.
22. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Seller represents
and warrants to Buyer that the Property is not served by a private sewage disposal
system, and there are no known private sewage disposal systems on the property.
23.ACCEPTANCE. When accepted, this Agreement shall become a binding
contract. If not accepted and delivered to BUYERS on or before March 5 2013 at 5:00
p.m., this Agreement shall be null and void and all payments made shall be returned
immediately to BUYERS.
5
24. OTHER PROVISIONS. This Agreement is subject to the approval of the City of
Dubuque City Council.
P
eG
Accepted : fjatch 20 , 2013
SELLERS
ESTATE OF JAMES P. LAMMER
EIN 45- 6888173
Ath-
y: Alison . rada, Executor
do Roth Law Office PC
1400 University Avenue, Suite D
Dubuque IA 52001
Telephone: 563 - 557 -1611
Dated: March 0 , 2013
BUYERS.
CITY OF DUBUQUE
EIN: 42- 6004596
By: ichael C. n Milligen
City Manager
50 W. 13th Street
Dubuque, IA 52001
Telephone: 563 - 589 -4110
6
NovusAGENDA - Home
THE CITY OF
DtJB
Masterpiece on the Mississippi
Page 1 of 2
Loaout
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
DATE: July 31, 2012
SUBJECT: 735 Caledonia Place Donation Request
Dubuque
nerica
1 1
2007
INTRODUCTION
The purpose of this memo is to request consideration of the donation of 735 Caledonia Place as an
addition to Hilltop Park.
BACKGROUND
I was contacted by Mark Ludescher of the Fire Department regarding this property. He had been
working with Allison Prada whom was appointed as Executor of the Estate. The house had caught
fire and her father Robert J. Lammers died in the fire.
As you will see from the attachments this property is located off an alley. It has an address of
Caledonia Place but has no street frontage. In speaking with Kyle Kritz he sait it is zoned R2A and
after the house is demolished the lot could be sold to have another house constructed on it.
Allison Prada came forward with a request for the city to consider accepting the property "as is" for
expanding Hilltop Park. She requested conserving the trees and plants as possible and a flag pole
with an American flag.
I worked with the Engineering Department staff to obtain estimates for demolition and disposal of the
burned structure. Estimates were around $17,000 for demolition, disconnects of utilities, landfill fees,
permits, backfill, seeding and filing fees. The Park Division can remove the vegetation necessary to
accomplish demolition.
I worked with Mike Buelow of MB Environmental on the environmental issues related to demolition
and disposal of a half burned home.
DISCUSSION
The lot is 57 x 123 or .16 acres. The property was assessed at $29,500 prior to the fire. The lot
abutts Hilltop Park to the north. As you can see from the photos and topographic aerial the property
sits on the hill beside the park. This lot is very visible from Hill and 5th Streets. It would give better
visibiity to the park.
The addition of this lot would allow the playground to be moved to a location that would be handicap
accessible at the time the play unit will be replaced. The hilltop location will be a beautiful location for
a flag pole as well.
I have identified CIF' 102 -2299 - Install Electricitay on 5 Pole Sheds as the funding source for
demolition and restoration work in the amount of $17,093. Jenny Larson has approved this source as
http: / /agenda.novus. cityofdubuque. org/ ItemDetails /ClientApprova1Sheet.aspx ?ItemID =1292 2/18/2013
NovusAGENDA - Home Page 2 of 2
appropriate for the project. These funds were left after completing the electrical improvements to the
five sheds.
RECOMMENDATION
I respectfully recommend acceptance of the as is" donation of 735 Caledonia Place from the Robert
Lammers estate as an addition to Hilltop Park.
Prepared by:
MLW:et
cc:
Gus Psyhoyos
Crenna Brumwell
Jenny Larson
Mark Ludescher
Janet Walker, Acting Housing Director
{0.4
NoVUSoItutiOins
Copyright 2001 -2013
http: // agenda. novus. cityofdubuque. org/ ItemDetails/ ClientApprovalSheet.aspx ?ItemID =1292 2/18/2013
Masterpiece on the Mississippi
Dubuque
* * * **
A114merlca CBy
1111 if
2012
TO: Michael C. Van Milligen, City Manager
FROM: Marie L. Ware, Leisure Services Manager
SUBJECT: Request to Accept Donation of 735 Caledonia Place Estate Name
Correction
DATE: August 6, 2012
INTRODUCTION
The purpose of this memorandum is to inform of an incorrect estate name used in
memos related to this City Council meeting action item for the August 6, 2012 Council
meeting.
DISCUSSION
I incorrectly listed the name of the estate in the memo to the City Council and thus it
was repeated in the City Manager's memo. I listed the name of the estate as the Robert
Lammers Estate. The correct name of the estate is the James P. Lammer estate.
The correct name of the estate is listed in the letter from the Executor of the estate
Alison J. Prada. I regret this error.
ACTION REQUESTED
This memo is for informational purposes.
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: 735 Caledonia Place Donation Request
DATE: August 1, 2012
Dubuque
2012
Leisure Services Manager Marie Ware recommends City Council approval to accept the
"as is" donation of 735 Caledonia Place from the Robert Lammers Estate, which will be
used as an addition to Hilltop Park. The house at this address was damaged by fire.
The City will demolish the house, which will allow the playground at Hilltop Park to be
moved to a location that would be handicap accessible.
concur with the recommendation and respectfully request Mayor and City Council
approval.
,(ie/t44 vwy
Michael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Marie L. Ware, Leisure Services Manager
2791 Oak Crest Drive
Dubuque, Iowa 52001
May 4, 2012
Michael C. Van Milligen, City Manager
50 West 13th Street
Second Floor
Dubuque, Iowa 52001
Re: 735 Caledonia Place, Dubuque, Iowa 52001
I`Ir. Michael C. Van Milligen and members of the Dubuque City Council:
James P. Lammer died in a fire at his residence on larch 19, 2012. The structure sustained
significant damage and is presently in need of demolition. As the executor of his estate, I hereby
offer this property, located at 735 Caledonia Place, to the city of Dubuque as a gift. The property
is offered as is" for the purpose of expanding the existing Hilltop Park adjacent to the property.
I ask that you conserve the living plants and trees as much as possible and that an American flag
be displayed on a flag pole to honor all nien and women of service, military and public,
including my father, James P. Lammer, and the firefighters who assisted at the scene.
Thank you for your consideration.
Respectfully,
Alison J. Prada
HILLTOP PARK
735 CALEDONIA
PLACE
4 -19 -12