First Supply
Barry A. Lindahl, Esq.
Corporation Counsel
Suite 330, Harbor View Place
300 Main Street
Dubuque, Iowa 52001-6944
(563) 583-4113 office
(563) 583-1040 fax
balesq@cityofdubuque.org
DI~~~~E
~ck~
September 14, 2006
Mayor Roy Buol and
Members of the City Council
City Hall - City Clerk's Office
50 West 13th Street
Dubuque, IA 52001
RE: First Supply, LLC
Dear Mayor and Council Members:
First Supply LLC is purchasing property from the City in Dubuque Industrial Center
West 5th Addition. As a condition to the issuance of Title Insurance to First Supply LLC,
Chicago Title Insurance Company has requested the City to deliver a Construction
Work and Tenants Affidavit and Recording Gap Indemnity, both of which are attached.
These are typical documents for the property owner to provide. The Construction Work
and Tenants Affidavit indicates that there has been no construction work on the property
in the last six months and that there are no tenants on the property. The Recording
Gap Indemnity provides that the property owner, in this case the City, will indemnify the
Title Insurance Company from any title defects or will satisfy or remove such title
defects on request.
I would request that you authorize the Mayor to sign the Construction Work and Tenants
Affidavit and Recording Gap Indemnity on behalf of the City.
BAUls
arry A. Lindahl, Esq.
ity Attorney
Enclosure
cc: Michael C. Van Milligen, City Manager
Cindy Steinhauser, Assistant City Manager
Dave Heiar, Economic Development Director
Service
People
Integrity
Responsibility
Innovation
Teamwork
pa-v-
CHICAGO TITLE INSURANCE COMPANY
SECURITY UNION TITLE INSURANCE CO~IPANY
Construction Work and Tenants Affidm,;t
I. 13ll\ the Owner of the piol'crt~. Ithe Property) described in commitment number I A10 /I,qo
issued by Chicago T:th: InsufJnc: C01l1pallyfSc:curit:; L'niotl Title In:alrancc Comp.:my.
2. Construction work. (check olle box)
o
Repair or construction wOl'k has nut b~cn done (In the Propt:rty in th~ past six mOrHhs.
o
Repair or construction work bits been done on the Property in the past six months. The tot:ll dollar Mlount
of the work is .pproxim.tdy S . All of the pe'Oplc who supplied bbor or malcr",! ore
listed below. All lien waivers I collected frolll these people arc s~'pled to this affid,,'i!.
Type of work Contraclor n3me Ooll:lr I11l10unt of work D.lc of work
3. Tenants. The following lenants .lld nOlllers occupy the Property: (check DIU! box)
There are no t~tlant.s.
n
o
o
lllCrc arc tenants. hut:l.lI h:i'vC left lhe Prop-:rl)'" or ~'iIIlc;l\'c as ()f dosin~.
One or more tcn:lI1ts will st2Y after this sJ.l~ is closl..~. Their nalnes :\(c:
I give this affid3\'ilto persU:ldo C1I1CAGO TITLE I:-;SURANCE COMI'ANV/SEClIRln' UNlON TITLE
INSURANCE COMPANY 10 issue its polic)" or policies of lillt insurancc. J agre<: to indemnif). Chic3go Title
lnsu~nce Comp3rly/Sccurity Union Tille Insur~ncc Company ag:linst loss c:ulScd by in3ccur:tcics or omissicms in
the above information of which I am 3W::Lrc.
Dated this _ day of ______.:.__. __ (~'e"').
OWI'\ER
Subsc.rihl.."d and sworn to bd~rc niL.' lhis
d:l~ or
o' ._.__ (ye""').
--.---..----------...---.-
By:
.-.--..---.....-.-......--
N<.lwry j1llhlic. ~.._._________.__._... C.-)UJlI\', \\.i~consin
"{y (,:;:">t1l!nis$ion (i:~~rir:.:s) {is ,'cnn:ln~:nO .
lIS:
-- -.--.--" - .. ---......----_._-~._-
F530C R .!tlDl9'J
i'!:7'-IM"O....I.:Ill.~:....N:"'IR_.\l'f \1,,'11
RECORDING GAP INDEMNITY
')
Conunitment No.
WHEREAS, the [Family Company] nTI.E INSURANCE COMPANY (the Company) is about to issue its
title insurance policy or policies (the Policies) to proposed insured(s) for property descnbed in the above referenced
commitment, insuring against loss by reason of defects in the title to said property (the Land);
AND, WHEREAS, The Company bas made exception for defects, liens, encumbrances, adverse claims or
other maners, if any, created, first appearing in the public records or allaching between the effective date of the title
insurance Commitments and the date of recording of the deed andlor mortgage to be insured [Gap Defect(s)];
AND WHEREAS, The Company has been asked to issue the Policies, and may hereafter in the ordinary
course of its business issue title insurance policies or commitments in respeetto the Land, or some part or interest in it
(the Future Policies), removing or insuring against loss by reason of the Gap Defect(s);
NOW, TIiEREFORE, in consideration of the issuance of the Policies or Future Policies, the undersigned
covenant(s) and agree(s) with The Company forever to protect, defend and save The Company harmless from and
against Gap Defect(s) created, suffered or agreed to by the undenigned and except as disclosed in writing to The
Company, and any right, interest or defect growing out of the same, including all loss, costs, damages, and attorneys'
fees and expenses which it may incur by reason thereof, including loss, costs, damages, fees and expenses incurred in
actions brought to enforce this agreement; to defend at undersigned's own cost any and every suit, action or
proceeding in which the Gap Defeet(s) was created, suffered or agreed to by the undersigned and, except as disclosed
in writing to The Company, is or are alserted against the real estate; to satisfy or remove such Gap Defect(s) on
written demand within thirty days; and thst each and every provision herein shall extend to and be in force concerning
Future Policies.
)
Dated this
day of
,2000.
OWNER
FOR CORPORA nONS
FOR INDIVIDUALS
Name
(SiplQl.R)
By
(SipIhft)
(Prinl....)
Prilllalmllllldlide
Adcn.a (acw Iddr-.ltfl'llWill()
~("""""ifmovin&l
c.,
Stile Zip
...,.
s...
....
)
Prepared For: Michael Best & Friedrich LLP
Atln: Paul G. HojJman
AMENDED
Prepared By: THE TITLE COMPANY, INC.
Underwritten By: CHICAGO TITLE INSURANCE COMPANY
SCHEDULE A
Number: IATOI690
Effective Date:
August IS. 2006 at 8:00 A.M
1. Policy or Policies to be issued:
ALTA OWNER'S POLICY, Form B
Proposed Insured:
First Supply LLC.
ALTA LOAN POLICY, 1992 (Amended,10-17-92)
Proposed Insured: None.
Amount:
$500,000.00
Amount:
$0.00
2. Title to the fee simple estate or interest in tbe land described or referred to in this Commitment is
at the effective date bereof of record in:
City of Dubuque, Iowa an Iowa Corporation.
3. The land referred to in the Commitment is described as folIows:
Lot I of Lot 3 of Dubuque Industrial Center West 5th Addition in the City of Dubuque, Iowa. according to
the recorded plat thereof
(part of Tax Parcel No. 1030451005)
IATOJ690
SCHEDULE B-1
Requirements
The following are the requirements to be complied with:
(a) Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to
be insured.
(h) Payment to the Company of the premiums, fees and charges for the policy.
(c) Proper instrument(s) creating the estate or interest to be insured must be executed and duly filed for record,
to wit:
J. Deed from City of Dubuque, Iowa an Iowa Corporation to First Supply LLC.
Requirements for the deletion of the Standard Exceptions listed in attached Schedule B-1! are found in
Schedule C hereof.
IATOi690
SCHEDULE B - II
Exceptions
The policy or policies to be issued will contain exceptions to the following unless the same are disposed ofto the
satisfaction of the Company:
I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public
records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires
for value of record the estate or interest mortgage thereon covered by this Commitment.
2. Special taxes or assessments, if any, payable with taxes levied or to be levied for the current and subsequent
years.
3. Liens, hook-up charges or fees, deferred charges, reserve capacity assessments, impact fees, or other charges
or fees due payable on the development or improvement of the Land, whether assessed or charged before the
Date of Policy.
4. Any lien, or right to a lien, for services, labor, or material heretofore or hereafter furnished, imposed by law and
not shown by the public records.
5. Rights or claims of parties in possession not shown by the public records.
6. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate
survey and inspection of the premises.
7. Easements or claims of easements not shown by the public records.
8. Any claim of adverse possession or prescriptive easement.
9. General and special taxes for the year 2006-2007.
iO. 30' Wide Sanitary SltWer & Drainage Easement shown on Final Plat dated July 3i, 2006 by IlW Engineers
& Surveyors, P.C.
A copy of which is attached hereto and made a part hereof by reference.
I i. Covenants, conditions and restrictions as contained in a 30' Wide Sanitary Sewer & Drainage Easement
shown on Final Plat dated July 3i, 2006 by IlW Engineers & Surveyors, P.e.
A copy of which is attached hereto and made apart hereofby reference.
i2. 25' Wide Easementfor Drainage as shown on Final Plat dated July 3i, 2006 by IIW Engineers & Surveyors,
P.C.
A copy of which is attached hereto and made a part hereof by reference.
i3. Covenants, conditions and restrictions as contained in a 25' Wide Easement for Drainage as shown on
Final Plat dated July 31, 2006 by IlW Engineers & Surveyors, P.e.
A copy of which is attached hereto and made a part hereof by reference.
14. Second Amendment to Dubuque Industrial Center West 5th Addition dated June 6,2006 andfile in the
Recorder's Office for Dubuque County, Iowa on July 7, 2006 as Document No. 2006-i0389.
A copy of which is attached hereto and made a part hereof by reference.
i5. Declaration to Dubuque Industrial Center West dated April 16, 2002 and filed in the Recorder's Office for
Dubuque County, Iowa on April 30, 2002 as Document No. 7990-2002.
A copy of which is attached hereto and made a part hereof by reference.
16. Electric Easement shown on Final Plat of Lots H, 1& J of Dubuque Industrial Center West Thrid Addition
dated September 30, 2002 by Ronald J. Turner.
Schedule B - Section 2 ofthis Commitment consists on pages.
IAT01690
SCHEDULE B - II
Exceptions - Continued
A copy of which is attached hereto and made a part hereof by reference.
17. Covenants, conditions and restrictions as contained in Electric Easement shown on Final Plat of Lots H, I
& J of Dubuque Industrial Center West Thrid Addition dated September 30, 2002 by Ronald J. Turner.
A copy of which is attached hereto and made a part hereof by reference.
18. Easement granted by Walter G. Siegert and Clara W. Siegert to Interstate Power Company dated March 31,
1950 andfiled in the Recorder's Office for Dubuque County, Iowa on April /4, 195q in Book 40, page 393.
A copy of which is attached hereto and made a part hereof by reference.
19. Covenants, conditions and restrictions as contained in Easement granted by Walter G. Siegert and Clara W.
Siegert to Interstate Power Company dated March 31, 1950 andfiled in the Recorder's Office for Dubuque
County, Iowa on April /4,1950 in Book40,page393.
A copy of which is attached hereto and made a part hereofby reference.
20. Easement granted by J. G. Smith and Wilhelmina Smith to Eastern Iowa Electric Company dated December
22, 1927 andfiled in Recorder's Office for Dubuque County, Iowa on December 27, 1927 in Book 25, page
516.
A copy of which is attached hereto and made a part hereof by reference.
21. Covenants, conditions and restrictions as contained in Easement granted by J.G. Smith and Wilhelmina
Smith to Eastern Iowa Electric Company dated December 22, 1927 and filed in Recorder's Office for
Dubuque County, Iowa on December 27, 1927 in Book 25, page 516.
A copy of which is attached hereto and made a part hereof by reference.
22. Declaration to Dubuque Industrial Center West dated October 25, 1999 andfiled in the Recorder's Office
for Dubuque County, Iowa on November 16, 1989 as Document No. 17454-1999.
A copy of which is attached hereto and made a part hereof by Teference.
23. Possible setback regulations as to the insured parcel described at Schedule A, hereof
24. Drainage rights and rights of way by reason of arry drainage ditches.jeeders, laterals and underground
drain tile or pipes that may be located on the subject premises.
2005-2006 TAX DATA: (Part of Tax Parcel No. /030451005) TAX EXEMPT
NOTE: The taxes reported above are for a larger parcel of land of which the covered premises are a part.
IAT01690
SCHEDULE C
The following apply to the owner's policy to be issued:
Exception I of Schedule B-Il will be removed only if a gap endorsement is attached to this commitment and the
requirements for the issuance of "gap" coverage as described in the endorsement are met, including the payment
of the premium.
Exception 2 Schedule B-ll will be removed only if the Company receives written evidence from the municipality
that there are no special assessments against the Land, or that all such items have been paid in full.
Exception 3 of Schedule B-Il will be removed only if the Company receives (I) written evidence from the
municipality that there are no deferred charges, hookup fees, or other fees or charges attaching to the property;
(2) evidence that the Land contains a completed building; and (3) a statement showing that the Land has a water
and sewer use account. If the Land is vacant, this exception will not be removed.
Exception 4 of Schedule B-ll will be removed only if the Company receives a Construction Work and Tenants
Affidavit on a form prepared by the Company and the following is true:
No work done: the Affidavit must establish that there has been no lienable construction work in the previous six
months.
Repair work done: if repair work has been done on an existing structure in the last six months, the Affidavit must
accurately disclose all parties who have done lienable work in the last six months, and have attached to it original
full waivers of lien from each person or company.
New construction: if the property contains a newly-built structure, the Affidavit must incorporate a complete list
of all parties who have done lienable work in the last six months, and have attached to it original full waivers of
lien from each person or company. If Exception 4 is removed, it may be replaced by the following exception:
"Any construction lien claim by a party not shown on the Construction Work and Tenants Affidavit supplied to
the Company."
Exception 5 of Schedule B-Il will be removed only if the Company receives a Construction Work and Tenants
Affidavit on a form prepared by the Company. If the affidavit shows that there are tenants, Exception 5 will be
replaced by an exception for the rights of the tenants disclosed by the Affidavit.
Exceptions 6, 7 and 8 of Schedule B-II will be removed only if the Company receives an original survey which (i)
has a current date, (il) is satisfactory to the Company, and (ili) complies with current ALTAI ACSM Minimum
Survey Standards or Wisconsin Administrative Code AE-7. If the survey shows matters which affect the title to
the property, Exceptions 6, 7 and 8 will be replaced by exceptions describing those matters.