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Acceptance of Deed_735 Caledonia PlaceMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Acceptance of Deed for 735 Caledonia Place DATE: March 11, 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 to be used as an addition to Hilltop Park. Leisure Services Manager Marie Ware recommends City Council acceptance of the deed for 735 Caledonia Place from the James P. Lammer Estate. I concur with the recommendation and respectfully request Mayor and City Council approval. kr,„ 7)4, 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 THE CITY OF Dui Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager DATE: March 11, 2013 SUBJECT: Acceptance of Deed for735 Caledonia Place Dubuque had All-America City ' 11' 2007 INTRODUCTION The purpose of this memorandum is to recommend acceptance of the deed for 735 Caledonia Place as an addition to Hilltop Park from James P. Lammer estate. 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 James P. Lammer died in the fire. 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 abuts 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 visibility to the park. The addition of this lot would allow the playground to be moved at a time when replacement funds are available, to a location that would be handicap accessible. The hilltop location will be a beautiful location for a flag pole as well. I have identified CIP 102 -2299- Install Electricity 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 appropriate for the project. These funds were left after completing the electrical improvements to the five sheds. The Park and Recreation Commission has reviewed this donation. The City Attorney's office has worked with us on abstract and preparation of the deed. RECOMMENDATION I respectfully recommend acceptance of the deed for735 Caledonia Place from the James P. Lammer estate as an addition to Hilltop Park. Prepared by: MLW et cc: Gus Psihoyos Crenna Brumwell Jenny Larson Mark Ludescher Alvin Nash THE CITY OF DUBtJE MEMORANDUM Masterpiece on the Mississippi TRACEY STECKLEIN PARALEGAL MEMO To: Kevin Firnstahl City Clerk DATE: April 18, 2013 RE: Purchase of Property from the James P. Lammer Estate 735 Caledonia Place Kevin: Attached for your file are the original recorded documents. We have provided Leisure Services with a copy and we will also retain a copy in our file. Thank you. Attachment F: \USERS \Cbrumwel \735 Caledonia\ Firnstahl_ OriginalRecordedDocs_041813.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 IuNIIIIIItlYVh4IIIIIININWIOmIIIIIINIgVYYV Doc ID 007650060004 Type GEN Kind DEED WITH RESOLUTION Recorded: 03/25/2013 at 02:45:39 PM Fee Amt: $27.00 Page 1 of 4 Revenue Tax: $0.00 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00005233 COURT OFFICER DEED THE IOWA STATE BAR ASSOCIATION Official Form No. P201 Recorder's Cover Sheet Preparer Information: (name, address and phone number) Benjamin J. Roth, 1400 University Ave., Suite D, Dubuque, IA 52001, Phone: (563) 557 -1611 Taxpayer Information: (name and complete address) City of Dubuque Iowa, City Hall, 50 W 13th St., Dubuque, IA 52001 Return Document To: (name and complete address) Benjamin J. Roth, 1400 University Ave., Suite D, Dubuque, IA 52001, Phone: (563) 557 -1611 Grantors: Estate of James P. Lammer Grantees: City of Dubuque, Iowa Legal Description: See Page 2 Document or instrument number of previously recorded documents: qd,-/-00 C- C� Benjamin J. Roth COURT OFFICER DEED In The Matter of the Estate of James Patrick Lammer, Deceased now pending in the Iowa District Court in and for Dubuque County. Probate No. 01311 ESPR 44282 Pursuant to the authority and power vested in the undersigned, and in consideration of One Dollar(s) and other valuable consideration, the undersigned, in the representative capacity designated below, hereby Convey(s) to CITY OF DUBUQUE, IOWA the following described real estate in Dubuque County, Iowa: Lot 2 of the Subdivision of the North 2/3 of Lot 34 of Kelly's Subdivision in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof This deed is exempt according to Iowa Code 428A.2(21). Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. Dated: March 14, 2013. ESTATE OF JAMES PATRICK LAMMER; Pra• a, Executor BY: STATE OF IOWA, COUNTY OF DUBUQUE, ss: This instrument was acknowledged before me on 14th day of March, 2013, by Alison J. Prada as Executor of Estate of James Patrick Lammer. 11a_ ,17/ Nota Public in and for said State L +, BENJAMIN J. BOTH Commission Number 224621 • ow MY 0/717obnl Tres Preparer: Marie L. Ware Address: 2200 Bunker Hill Rd Phone: (563) 589 -4263 RESOLUTION NO. 83 -13 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN DUBUQUE COUNTY, IOWA FROM JAMES P LAMMER ESTATE WHEREAS, the Estate of James P. Lammer wishes to donate the following described real property to the City of Dubuque: Lot 2 of the Subdivision of the North 2/3 of Lot 34 of Kelly's Subdivision in the City of Dubuque, Iowa, according to the recorded Plat thereof. AND WHEREAS, the City Council of the City of Dubuque desires to accept the donation of said property on behalf of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: 1. The City of Dubuque hereby accepts the Warranty Deed from the estate of James P. Lammer attached hereto. 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 18th day of March, 2013. CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 83 -13 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 20th day of March, 2013. 017 abo 4 kgEAL)_ in S. Firnstahl, CMC, City Clerk 111181111111111111101$11111 Doc ID 007650070002 Type: GWH Kind GROUNDWATER HAZARD Recorded: 03/25/2013 at 02:45:48 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2013- 00000405 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Estate of James P. Lammer Address 2791 Oak Crest Dr., Dubuque, IA 52003. Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 W. 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 735 Caledonia Place, Dubuque, Iowa Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary ) Lot 2 of the Subdivision of the North 2/3 of Lot 34 of Kelly's Subdivision in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof 1. Wells (check one) K There are no known wells situated on this property. _ There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) ,X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) ,aG There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) `0 1 3.5233 5. Private Burial Site (check one) There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) 4 All buildings on this property are served by a public or semi- public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. _ There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: areror'or Telephone No.: (563) 556 -2568 FILE WITH RECORDER DNR form 542 -0960 (July 18, 2012) ' a W 0) m Ph #563 - 744 -3631 03 N cI nc. 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Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT SELLER: Estate of James P. Lammer Seller Address: 2791 Oak Crest Dr., Dubuque, IA 52003 BUYER: City of Dubuque, Iowa Buyer Address: 50 W. 13th Street, Dubuque, IA 52001 SSN or FEIN: 45- 6888173 e-mail/phone. SSN or FEIN• e -mail /phone: • (563) 557-1611 42- 6004596 (563) 589-4381 • Address of Property Conveyed 735 Caledonia Place, Dubuque, Iowa Date of Instrument. 03/14/2013 • ® Deed _1 ❑ Contract 2 L Legal Description: Lot 2 of the Subdivision of the North 2/3 of Lot 34 of Kelly's Subdivision in the City of Dubuque, Dubuque County, Iowa, according to the recorded plat thereof Type of Sale (check all that apply): ❑ Fulfillment of prior year(s) contract ❑ Sale to /by Exempt Organization ❑ Auction Sale ❑ Corporate merger or reorganization ❑ Purchase of adjoining land ❑ Transfer of partial interest ❑ Quit Claim Deed ❑ Sale between family members or related parties ❑ Foreclosure, forfeitures, or transfers arising from default: forced sale Was this a sale of AG LAND to: ❑ Corporation ❑ Trust ❑ Alien ❑ Non - Resident Alien ❑ Limited Partnership • DECLARATION OF VALUE STATEMENT 1. Total Amount Paid $ 1.00 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ 1.00 - Contract Sale Information: Down Payment $ Interest Rate % Monthly Payment $ Length of Contract years Balloon Payment Date (if applicable) I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAILED ON T EBACK F THIS FORM Printed Name: Alison J. Prada, Executor Phone #• (563) 556 -2568 �E410/1 l� 1 ❑ Buyer or ® Seller or ❑ Agent or ❑ Attorney Signature PART II - TO BE COMPLETED BY THE ASSESSOR Classification of Property: ❑ Res _4_ ❑ Com _5_ ❑ Ind _2_ ❑ Ag _1_ • Deeded Acres: • OCC A, TLA/GBA A Tax District • Primary Parcel Number ♦ ( attach list of additional parcels) Full Assessed Value January 1 of Year of Sale Land Building Dwelling Total Good for study? ❑ Yes ❑ No NUTC • If No, give reason. Effective Date of Form 09/30/12 Iowa Department of Revenue ISBA 57006a (03/23/12) Prepared by: ROTH LAW OFFICE, P.C. Attorneys at Law Closing Date: Place of Closing: SELLER(S): PURCHASER(S): Benjamin J. Roth Phone: 563 -557 -1611 Fax: 563 -557 -9775 E -mail: stigges @rothlawdbq.com BUYER'S CLOSING STATEMENT Thursday, March 14, 2013 at 9:00 a.m. Roth Law Office PC 1400 University Ave., Suite D, Dubuque, IA Estate of James Lammer City of Dubuque Address of Property Transferred: 735 Caledonia Place, Dubuque, IA SUMMARY OF BUYER'S TRANSACTIONS: PURCHASE PRICE $1.00 LESS: Pro -rated Real Estate Taxes: Parcel #1025132031 = $320 /year or $.87 /day Proration to Buyer (7/1/12 to 3/14/13 = 257 days) $22;x. ,R BALANCE DUE TO BUYER......... OOOOO OOOOO 000000069 OOOOO 0000000000■0000000000■0•09 OOOOOO $222•59 DATED: MARCH 14, 2013 Prepared by: ROTH LAW OFFICE, P.C. Attorneys at Law Closing Date: Place of Closing: SELLER(S) : PURCHASER(S): Benjamin J. Roth Phone: 563 -557 -161 1 Fax: 563 -557 -9775 E -mail: stigges >rothlawdbq.corn SELLER'S CLOSING STATEMENT Thursday, March 14, 2013 at 9:0o a.m. Roth Law Office PC 1400 University Ave., Suite D, Dubuque, IA Estate of James Lammer City of Dubuque Address of Property Transferred: 735 Caledonia Place, Dubuque, IA SUMMARY OF SELLER'S TRANSACTIONS: SALES PRICE $1.00 LESS: Pro -rated Real Estate Taxes: Parcel #1025132031 = $320 /year or $.87 /day Proration to Buyer (7/1/12 to 3/14/13 = 257 days) 5223.59 LESS additional expenses for sale: Roth Law Office PC (Deed, DOV, GWHS & closing statement) $POC Dubuque County Recorder (transfer stamps) So Abeln Abstract Company $7s. oo BALANCE DUE FROM SELLER $297.59 DATED: MARCH 14, 2013 EST BY E OF JAMES LAMMER 4\k VJ\tUQ ison Prada, Executor 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 THE CITY OF Masterpiece 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 Au- America City 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. ,w1.4 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 NovusAGENDA - Home Page 1 of 2 THE CITY OF Dubuque r 7�r ca CIt1t DUB Masterpiece on the Mississippi 2007 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 Buy 735 Caledonia Place Agreement 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: cc: MLW:et Steve Fehsal Gus Psihoyos http: / /agenda.novus. cityofdubuque. org/ ItemDetails/ ClientApprovalSheet.aspx ?ItemID =2000 2/20/2013 NovusAGENDA - Home Page 2 of 2 Crenna Brumwell Jenny Larson Mark Ludescher Alvin Nash Novusolutio "ts Copyright 2001 -2013 http: / /agenda.novus. cityofdubuque. org/ ItemDetails/ ClientApprovalSheet.aspx ?ItemID =2000 2/20/2013 Masterpiece on the Mississippi Dubuque * * * ** AlArnericaCIty I I� 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. THE CITY OF DUB 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 All- Amenca City 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. I concur with the recommendation and respectfully request Mayor and City Council approval. AA/444 krvi, 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 NovusAGENDA - Home Page 1 of 2 Masterpiece on e Mississippi TO: Michael C. Van Milligen, City Manager FROM: Marie L. Ware, Leisure Services Manager DATE: July 31, 2012 SUBJECT: 735 Caledonia Place Donation Request INTRODUCTION Dubuque 2007 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 CIP 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 /ClientApprovalSheet.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 Novusoluti ns Copyright 2001 -2013 http: / /agenda.novus. cityofdubuque. org/ ItemDetails /ClientApprovalSheet.aspx ?ItemID =1292 2/18/2013 2791 Oak Crest Drive Dubuque, Iowa 52001 May 4, 2012 Michael C. Van NIilligen, City Manager 50 West 13th Street Second Floor Dubuque, Iowa 52001 Re: 735 Caledonia Place, Dubuque, Iowa 52001 Mr. Michael C. Van Milligen and members of the Dubuque City Council: James P. Lammer died in a fire at his residence on March 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 men 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