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Purchase of Property_510 East 22nd Street_Anomaly on Music RowMasterpiece on the Mississippi Dubuque band AI- America City IIIii! 2007 • 2012 • 2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Bee Branch Creek Restoration - Property Acquisition of 510 E. 22nd Street DATE: November 12, 2013 In December of 2004, the City Council established the alignment for the Bee Branch Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington Streets, establishing the properties to be acquired for the Bee Branch Creek Restoration Project. James W. Bauerly and M. Kathryne Bauerly, Member /Managers of Anomaly on Music Row, LC., the owners of the property located at 510 E. 22nd Street, voluntarily approached the City in September 2013, and proposed to sell the property to the City for $120,000.00 and reimbursements, not to exceed a total cost of $131,000.00. By acquiring and removing 510 E. 22nd Street, the proposed sewer alignment can be adjusted away from the proposed creek and flood plain area, effectively ensuring that stormwater from the creek will not enter the sanitary sewer system. Civil Engineer Deron Muehring recommends City Council approve of the purchase of 510 E. 22nd Street for the purchase price of $120,000 and reimbursements not to exceed a total cost of $131,000, and authorize acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the offer. 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 Deron Muehring, Civil Engineer Gus Psihoyos, City Engineer 2 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Deron Muehring, Civil Engineer WV\-1 DATE: November 12, 2013 SUBJECT: Bee Branch Creek Restoration, Property Acquisition Dubuque u anedcacar 2007 •2012 •2013 INTRODUCTION The purpose of this memorandum is to seek authorization to acquire 510 E. 22nd Street, Dubuque, Iowa (the Property) for the Bee Branch Creek Restoration Project. BACKGROUND In December of 2004, the City Council established the alignment for the Bee Branch Creek Restoration Project, from 15th and Sycamore Streets to 24th and Washington Streets, establishing the properties to be acquired for the Bee Branch Creek Restoration Project. DISCUSSION James W. Bauerly and M. Kathryne Bauerly, Member /Managers of Anomaly on Music Row, L.C., the owners of the Property, voluntarily approached the City in September, 2013 and proposed to sell the Property to the City for one hundred twenty thousand dollars ($120,000.00) and reimbursements, not to exceed a total cost of one hundred thirty thousand dollars ($131,000.00). The Bee Branch Creek Restoration includes the replacement and relocation of the 36- inch diameter Couler Valley sanitary interceptor sewer out of the proposed creek area. Ideally, the sewer would run along the perimeter of the creek flood plain. And for the most part, that is where it is to be constructed. However, this would require excavating to a depth of 15 feet less than 10 feet away from 510 E. 22nd Street. Therefore, the proposed sewer is to run under the proposed 22nd Street Bridge, effectively moving it away from 510 E. 22nd Street. But this means that during flood flows, two sanitary sewer manholes will be as much as 5 feet under water. While the manholes will be engineered to prevent the stormwater from entering into the sanitary sewer, this is far from an ideal design. By acquiring and removing 510 E. 22nd Street, the proposed sewer alignment can be adjusted away from the proposed creek and flood plain area, effectively ensuring that stormwater from the creek will not enter the sanitary sewer system. Attachment A shows the location of the sanitary sewer in relationship to 510 E. 22nd Street as currently designed and as proposed following the acquisition and removal of 510 E. 22nd Street. Enclosed are the Residential Purchase Agreement signed by James W. Bauerly and M. Kathryne Bauerly on behalf of Anomaly on Music Row, L.C., the Acknowledgment of Voluntary Negotiation, and the proposed Resolution approving the Residential Purchase Agreement. Based on the City's cost to acquire similar property, $131,000.00 is appropriate compensation for 510 E. 22nd Street. RECOMMENDATION I recommend acquiring 510 E. 22nd Street per the terms outlined in the attached purchase agreement for the Bee Branch Creek Restoration Project as it will enhance the function of the Bee Branch Creek Restoration and associated sanitary sewer system. BUDGET IMPACT The acquisition will be funded through the FY2013 Capital Improvement Program Budget appropriation of $2,723,388 for Bee Branch Creek Restoration property acquisitions. REQUESTED ACTION I respectfully request that the City Council adopt the attached Resolution approving the Offer and authorizing acceptance of the Warranty Deed and any other related steps necessary to carry out the terms of the Offer. Attach. cc: Barry Lindahl, City Attorney Maureen Quann, Assistant City Attorney Gus Psihoyos, City Engineer Jenny Larson, Budget Director 2 RESOLUTION NO. 326 -13 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ANOMALY ON MUSIC ROW, L.C. IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located near the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan "; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owner of this certain real estate approached the City of Dubuque voluntarily and proposed that the City of Dubuque acquire the property for possible future addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement and an amendment thereto have been finalized with the owner of the real estate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the following legally described real estate: Lot 8 of Mineral Lot 314, in the city of Dubuque, Iowa, according to the recorded plat thereof at the cost of One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) and reimbursements, not to exceed a total amount of One Hundred Thirty -One Thousand Dollars ($131,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owners, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of November, 2013. Attest: Kevin Firnstahl, ity Clerk Roy D. Bu61', Mayor Attachment A Planned Sanitary Sewer Alignment Alternate Sanitary Sewer Alignment Proposed 22nd Street Bridge E. 22nd Street Bridge Normal Water Depth Flood Water Depth 510 Manhole Manhole (Planned Alignment) (Alternate Alignment) PROFILE VIEW RESIDENTIAL PURCHASE AGREEMENT TO: Anomaly on Music Row, L.C. (SELLER) The undersigned BUYER hereby offers to buy and the undersigned SELLER by their acceptance agree to sell the real property situated in Dubuque County, Iowa, locally known as 510 E 22nd St. Dubuque, IA 52001 and legally described as: Lot 8 of Mineral Lot 314, in the city of Dubuque, 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 BUYER, on possession, is permitted to use the Property for residential purposes: 1. PURCHASE PRICE. The Purchase Price shall be $120,000.00 and the method of payment shall be as follows: $0.00 with this offer to be deposited upon acceptance of this offer if any; and the full Purchase Price of $120,000.00 in cash at the time of closing with adjustment for closing costs to be added or deducted from this amount. This Agreement is not contingent upon BUYER obtaining such funds. 2. REAL ESTATE TAXES. A. SELLER shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the Property, including any unpaid real estate taxes for any prior years. B. SELLER shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2014) due and payable in the subsequent fiscal year (commencing July 1, 2014). BUYER shall be given a credit for such proration at closing (unless this agreement is for an installment contract) based upon the last known actual net real estate taxes payable according to public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's Records on the date of possession. C. BUYER shall pay all subsequent real estate taxes. - 2 - 3. SPECIAL ASSESSMENTS A. SELLER shall pay all installments of special assessments which are a lien on the Property and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. B. All charges for solid waste removal, sewage and maintenance that are attributable to SELLER's possession, including those for which assessments arise after closing, shall be paid by SELLER. C. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by SELLER through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to SELLER. D. BUYER shall pay all other special assessments. 4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. SELLER agrees to maintain existing insurance and BUYER may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, BUYER 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 BUYER timely performs all obligations, possession of the Property shall be delivered to BUYER on or before November 1, 2013 and any adjustments of rent, insurance, taxes, interest and all charges attributable to the SELLER's possession shall be made as of the date of possession. Closing shall occur after approval of title by BUYER's attorney and vacation of the Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect the Property within 48 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. 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, such as: attached wall -to -wall carpeting, built -in appliances, light fixtures (including light bulbs), water softeners (except rentals), shutters, shades, rods, blinds, venetian blinds, awnings, storm windows, storm doors, screens, television antennas (including satellite dishes), air conditioning equipment (except window type), door chimes, automatic garage door openers, electrical service cables, attached mirrors, fencing, gates, attached shelving, bushes, trees, shrubs and plants. Also included shall be the following: None The following items shall not be included: None. - 3 - 7. ABSTRACT AND TITLE. SELLER, at their expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to BUYER's attorney for examination. It shall show merchantable title in SELLER in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The SELLER shall make every reasonable effort to promptly perfect title. If closing is delayed due to SELLER's 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 BUYER when the purchase price is paid in full. SELLER shall pay the costs of any additional abstracting and title work due to any act or omission of SELLER, including transfers by or the death of SELLER or their assignees. 8. SURVEY. BUYER may, at BUYER's expense prior to closing, have the property surveyed and certified by a Registered Land Surveyor. If the survey shows any 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. If the survey is required under Chapter 354, SELLER shall pay the cost thereof. 9. ENVIRONMENTAL MATTERS. (a) SELLER warrants 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 SELLER has done nothing to contaminate the Property with hazardous wastes or substances. SELLER warrants 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. SELLER shall also provide BUYER 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: 10. DEED. Upon payment of the purchase price, SELLER shall convey the Property to BUYER by Warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by BUYER. 11. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If SELLER, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the SELLER, then the proceeds of this sale, and any continuing or recaptured rights of SELLER in the Property, shall belong to SELLER as joint tenants with full rights of survivorship and not as tenants in common; and BUYER in the event of the death of any SELLER, agree to pay any balance of the price due SELLER under this contract to the surviving SELLER and to accept a deed from the surviving SELLER consistent with Paragraph 15. 12. 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 - 4 - 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. 13. STATEMENT AS TO LIENS. If BUYER intends to assume or take subject to a lien on the Property, SELLER shall furnish BUYER with a written statement prior to closing from the holder of such lien, showing the correct balance due. 14. 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. 15. REMEDIES OF THE PARTIES. A. If BUYER fails to timely perform this Agreement, SELLER may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at SELLER's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of BUYER's default (during which thirty days the default is not corrected), SELLER may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If SELLER fails to timely perform this Agreement, BUYER has the right to have all payments made returned to BUYER. C. BUYER and SELLER are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 16. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the address given below. 17. CERTIFICATION. BUYER and SELLER 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. 18. 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. Paragraph headings are for convenience of reference and shall not limit or - 5 - 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. 19. 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. 20. ADDITIONAL PROVISIONS: A. NO REAL ESTATE AGENT OR BROKER. Neither party has used the services of a real estate agent or broker in connection with this transaction. Each party agrees to indemnify and save harmless the other party from and against all claims, costs, liabilities and expense (including court costs and reasonable attorney's fees) incurred by the other party as a result of a breach of this representation, which shall survive closing. B. OTHER: See attached Addendum to Residential Purchase Agreement. C. This Agreement is subject to final approval of the City Council of the City of Dubuque, Iowa, in its sole discretion. If the City Council of the City of Dubuque, Iowa does not approve this Offer, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. D. After execution of this Agreement by Seller and Buyer and final approval of the City Council of the City of Dubuque, Iowa, BUYER shall deliver a copy of the executed "Agreement to Buy Real Estate and Acceptance" executed by Michael C. Van Milligen, City Manager, along with a copy of the Resolution of the City Council authorizing the purchase of this Real Estate. E. BUYER, its counsel, accountants, agents and other representatives, shall have full and continuing access to the real estate and all parts thereof, upon reasonable notice to SELLER for the purpose of inspecting, surveying, engineering, test boring, performance of environment tests and such other work as BUYER shall consider appropriate, damage, claim, liability or cause of action arising from or caused by the actions of BUYER, its agents, or representatives upon the real estate or the donated real estate (except for any damage, claim, liability or cause of action arising from conditions existing prior to any such entry upon the real estate), and shall have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as BUYER considers appropriate. F. SELLER warrants that the rights of all tenants shall be terminated by SELLER prior closing and that there will be no tenants whose rights in the real estate survive the closing. This covenant shall survive the closing. G. Until ten (10) days prior to closing, BUYER shall have the right to terminate this agreement if environmental issues exist on the real estate that BUYER determines in its sole discretion do not permit BUYER to use the real estate for its intended use. Prior to - 6 - terminating this Agreement pursuant to this section, BUYER shall offer SELLER the opportunity to remediate the real estate to the satisfaction of BUYER in its sole discretion and at SELLER's sole cost. H. The real estate is sold/purchased "as is" and "with all faults ". 21. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to BUYER on or before Octobert 5, 2013, at 5:00 p.m., this Agreement shall be null and void and all payments made shall be returned immediately to BUYER. Accepted , 2013 ANOMALY ON MUSIC ROWS L.C. (SELLER) C,2 . mes W. Bauerly, Me ber/Manager 4°9 ilk MAIL, /4.� �_ . - M. Kat yne B • uerl ; Me ' "ber /Manager Dated CITY OF DUBUQUE (BUYER) , 2013 By anomaly to city purchase agreement/sh -7- ADDENDUM TO RESIDENTIAL PURCHASE AGREEMENT Relocation Fee: At the time of closing, Buyer agrees to pay Sellers $10,000 as a relocation fee in addition to the purchase price of $120,000.00. Proration: All rents shall be prorated to the date of closing. Seller shall deliver deposits, if any, at closing. Provided however, that no adjustment needs to be made for rents or deposits for units vacated prior to closing. Cooperation Agreement. Buyer agrees to cooperate with seller and seller's desires in regards to termination of current tenants. Deferred Exchange: Parties acknowledge that Sellers will be using this sale as part of a tax -free §1031 exchange. AMENDMENT TO OFFER TO BUY REAL ESTATE AND ACCEPTANCE BETWEEN THE CITY OF DUBUQUE, IOWA AND ANOMALY ON MUSIC ROW, L.C. This AMENDMENT TO OFFER TO BUY REAL ESTATE AND ACCEPTANCE is dated for reference purposes the day of November, 2013. Whereas, the City of Dubuque (Buyer) and Anomaly on Music Row, L.C. (Seller) are parties to an Offer to Buy Real Estate And Acceptance (Offer) executed by the Seller on October 3, 2013; and Whereas, the parties now desire to amend the Agreement as set forth herein: 1. Par. 5 is amended to read as follows: 5. POSSESSION AND CLOSING. If BUYER timely performs all obligations, possession of the Property shall be delivered to BUYER on or before December 1, 2013 any any adjustments of rent, insurance, taxes, interest and all charges attributable to the SELLER's possession shall be made as of the date of possession. Closing shall occur after approval of title by BUYER's attorney and vacation of the Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect the Property within 48 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 separate agreement with adjustments as of the date of possession. 2. Par 21. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted on or before November 18, 2013, this Agreement shall be null and void and all payments made shall be returned immediately to Buyer. 3. Addendum to Residential Purchase Agreement is amended to read as follows: Relocation Fee: At the time of closing, Buyer agrees to pay Sellers $11,000 as a relocation fee in addition to the purchase price of $120,000.00. 4. This amendment is subject to the approval of the City Council of the City of Dubuque, Iowa. 11132013maq CITY OF DUBUQUE, IOWA By: Roy D. Buol, Mayor By: SELLER By: By: James W. Bauerly, member /Manager Anomaly on Music Row, L.C. Kevin S. Firnstahl, City Clerk M. Kathryne Bauerly, Member /Manager Anomaly on Music Row, L.C. Date: Date: 2 ©THE IOWA STATE BAR ASSOCIATION James A. Trannel - ICIS #AT0007917 FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 101 - August 2013 THIS FORM, CONSULT YOUR LAWYER Return To: City of Dubuque. Iowa. 50 West 13th Street, Dubuque. IA 52001 Preparer: James A. Trannel, 1154 Iowa Street, Dubuque. IA 52001. (563) 557 -7360 Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, TA 52001 Ia P' TI,6+ -Y'P WARRANTY DEED �ssocrn'�1 °c For the consideration of Ten ($10.00) Dollar(s) and other valuable consideration, Anomaly on Music Row, L.C., an Iowa Limited Liability Company, does hereby Convey to The City of Dubuque, Iowa, the following described real estate in Dubuque County, Iowa: Lot 8 of Mineral Lot 314, in the City of Dubuque, Iowa, according to the recorded plat thereof Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: November 11 2013 / ANOMALY ON ► : C ROW L.C. ,41/ I � tor) B y 401/% %f,y /C_A►�� . M. . thryne 3 aue y, Mem er /Manager / (�, By r ames W. Bauerly, Member/Man ger STATE OF IOWA , COUNTY OF DUBUQUE This instrument was acknowledged before me this / '\ day of November, 2013, on behalf of Anomaly on Music Row, L.C., M. Kathryne Bauerly and James W. Bauerly, who stated that grantor is a member - managed Iowa Limited Liability Company, and that this transaction is being done within the ordinary course of said Limited Liability Company's business, and that they are authorized to execute this instrument. -% V � t- Pt, l 4/1 `" Notary Public for the State of Iowa 1 SaDt (fc� ' f4' RESOLUTION NO. 326 -13 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ANOMALY ON MUSIC ROW, L.C. IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located near the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan "; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owner of this certain real estate approached the City of Dubuque voluntarily and proposed that the City of Dubuque acquire the property for possible future addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement and an amendment thereto have been finalized with the owner of the real estate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the following legally described real estate: Lot 8 of Mineral Lot 314, in the city of Dubuque, Iowa, according to the recorded plat thereof at the cost of One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) and reimbursements, not to exceed a total amount of One Hundred Thirty -One Thousand Dollars ($131,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owners, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of November, 2013. Roy D. Buhl, Mayor Attest: Kevin . Firnstahl, ity Clerk STATE OF IOWA CERTIFICATE of the CITY CLERK 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. 326 -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 19th day of November, 2013. (SEAL) AVi:e7 :Aria W, Kevi- :. irnstahl, MC "Pity Clerk REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Anomaly on Music Row, L.C. Address c/o 3500 Dodge Street, #387, Dubuque, IA 52003 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name The City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 510 East 22nd Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 8 of Mineral Lot 314, in the City of Dubuque, Iowa, according to the recorded plat thereof 1. Wells (check one) Y 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. U erground Storage Tanks (check one) t' d 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) 5. Private Burial Site (check one) y' 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) X 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: (Transferor or Agent) FILE WITH RECORDER Telephone No.: 3-6 f- S S 7- DNR form 542 -0960 (July 18, 2012) 11 1 1 1111 I 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT SELLER: Anomaly on Music Row, L.C. N SSN or FEIN: / ° —0 5' ex. 0 . 3 C,L Seller Address: c/o 3500 Dodge Street, #387, Dubuque, IA 52003 e-mail/phone. 56.5 °557" If/ BUYER: the City of Dubuque, Iowa SSN or FEIN T' �OD4$j J I� 50 West 13th Street, Dubuque, IA 52001 5��&&% Buyer Address: email /phone: Address of Property Conveyed 510 East 22nd Street, Dubuque, IA 52001 11/19 /2013 Date of Instrument. • ® Deed _1 ❑ Contract _ 2 • Legal Description: Lot 8 of Mineral Lot 314, in the City of Dubuque, 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 A DECLARATION OF VALUE STATEMENT 1. Total Amount Paid 2. Amount Paid for Personal Property (see instructions) 3. Amount Paid for Real Property Only (1 minus 2) $ 120,000.00 - Contract Sale Information: Down Payment $ Interest Rate % Monthly Payment $ 120,000.00 Length of Contract years Balloon Payment Date (if applicable) I HEREBY DECLARE THAT THE INFORMATION CONTAINEDI IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAI ED ON THE f OF THIS FO�IM . Printed Name: ��// LS �E'� lGj Phone It--45 �s 7 7��' ure ❑ Buyer or OSeller or ❑ Agent or ❑ Attorney PART II - TO BE COMPLETED BY THE ASSESSOR Classification of Property: ❑ Res _4_ ❑ Com _5_ ❑ Ind _2_ ❑ Ag _1_ A Deeded Acres: OCC Primary Parcel Number • A TLA/GBA A Tax District • ( 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) City of Dubuque CHECK NO 398213 AMOUNT $191 20 VENDOR 1688 DUBUQUE COUNTY RECORDER CHECK DATE 11/18/2013 Activity/Project Account Purchase Order Invoice No Amount Description 7201654 73111 TRANSFERTAX $191.20 TRANSFER TAC FOR 510 E. 22ND TOTAL $101.20 Security features Included. Details on back Masterpiece on the Mississippi City Hall 50 Wes 13th Street Dubuque, Iowa 52001 DUBUQUE BANK & TRUST Check No 398213 ~` ^ DUBUQUE, � ^ � . IOWA Date 11/18/2013' PAY TO THE DUBUQUE COUNTY RECORDER ORDER 720 CENTRAL AVENUE OF DUBUQUE IA 52001 Amount $101.20 0391300 2/3o n:073900535n: 00 013 20 RESIDENTIAL PURCHASE AGREEMENT TO: Anomaly on Music Row, L.C. (SELLER) The undersigned BUYER hereby offers to buy and the undersigned SELLER by their acceptance agree to sell the real property situated in Dubuque County, Iowa, locally known as 510 E 22nd St. Dubuque, IA 52001 and legally described as: Lot 8 of Mineral Lot 314, in the city of Dubuque, 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 BUYER, on possession, is permitted to use the Property for residential purposes: 1. PURCHASE PRICE. The Purchase Price shall be $120,000.00 and the method of payment shall be as follows: $0.00 with this offer to be deposited upon acceptance of this offer if any; and the full Purchase Price of $120,000.00 in cash at the time of closing with adjustment for closing costs to be added or deducted from this amount. This Agreement is not contingent upon BUYER obtaining such funds. 2. REAL ESTATE TAXES. A. SELLER shall pay all real estate taxes that are due and payable as of the date of possession and constitute a lien against the Property, including any unpaid real estate taxes for any prior years. B. SELLER shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2014) due and payable in the subsequent fiscal year (commencing July 1, 2014). BUYER shall be given a credit for such proration at closing (unless this agreement is for an installment contract) based upon the last known actual net real estate taxes payable according to public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's Records on the date of possession. C. BUYER shall pay all subsequent real estate taxes. - 2 - 3. SPECIAL ASSESSMENTS A. SELLER shall pay all installments of special assessments which are a lien on the Property and, if not paid, would become delinquent during the calendar year this offer is accepted, and all prior installments thereof. B. All charges for solid waste removal, sewage and maintenance that are attributable to SELLER's possession, including those for which assessments arise after closing, shall be paid by SELLER. C. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by SELLER through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to SELLER. D. BUYER shall pay all other special assessments. 4. RISK OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the Property prior to closing or possession, whichever first occurs. SELLER agrees to maintain existing insurance and BUYER may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, BUYER 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 BUYER timely performs all obligations, possession of the Property shall be delivered to BUYER on or before November 1, 2013 and any adjustments of rent, insurance, taxes, interest and all charges attributable to the SELLER's possession shall be made as of the date of possession. Closing shall occur after approval of title by BUYER's attorney and vacation of the Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect the Property within 48 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. 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, such as: attached wall -to -wall carpeting, built -in appliances, light fixtures (including light bulbs), water softeners (except rentals), shutters, shades, rods, blinds, venetian blinds, awnings, storm windows, storm doors, screens, television antennas (including satellite dishes), air conditioning equipment (except window type), door chimes, automatic garage door openers, electrical service cables, attached mirrors, fencing, gates, attached shelving, bushes, trees, shrubs and plants. Also included shall be the following: None The following items shall not be included: None. - 3 - 7. ABSTRACT AND TITLE. SELLER, at their expense, shall promptly obtain an abstract of title to the Property continued through the date of acceptance of this Agreement, and deliver it to BUYER's attorney for examination. It shall show merchantable title in SELLER in conformity with this Agreement, Iowa law, and Title Standards of the Iowa State Bar Association. The SELLER shall make every reasonable effort to promptly perfect title. If closing is delayed due to SELLER's 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 BUYER when the purchase price is paid in full. SELLER shall pay the costs of any additional abstracting and title work due to any act or omission of SELLER, including transfers by or the death of SELLER or their assignees. 8. SURVEY. BUYER may, at BUYER's expense prior to closing, have the property surveyed and certified by a Registered Land Surveyor. If the survey shows any 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. If the survey is required under Chapter 354, SELLER shall pay the cost thereof. 9. ENVIRONMENTAL MATTERS. (a) SELLER warrants 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 SELLER has done nothing to contaminate the Property with hazardous wastes or substances. SELLER warrants 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. SELLER shall also provide BUYER 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: 10. DEED. Upon payment of the purchase price, SELLER shall convey the Property to BUYER by Warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Agreement. General warranties of title shall extend to the time of delivery of the deed excepting liens or encumbrances suffered or permitted by BUYER. 11. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If SELLER, immediately preceding acceptance of the offer, holds title to the Property in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the SELLER, then the proceeds of this sale, and any continuing or recaptured rights of SELLER in the Property, shall belong to SELLER as joint tenants with full rights of survivorship and not as tenants in common; and BUYER in the event of the death of any SELLER, agree to pay any balance of the price due SELLER under this contract to the surviving SELLER and to accept a deed from the surviving SELLER consistent with Paragraph 15. 12. 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 - 4 - 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. 13. STATEMENT AS TO LIENS. If BUYER intends to assume or take subject to a lien on the Property, SELLER shall furnish BUYER with a written statement prior to closing from the holder of such lien, showing the correct balance due. 14. 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. 15. REMEDIES OF THE PARTIES. A. If BUYER fails to timely perform this Agreement, SELLER may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at SELLER's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of BUYER's default (during which thirty days the default is not corrected), SELLER may declare the entire balance immediately due and payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a receiver. B. If SELLER fails to timely perform this Agreement, BUYER has the right to have all payments made returned to BUYER. C. BUYER and SELLER are also entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 16. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or by certified mail return receipt requested, addressed to the parties at the address given below. 17. CERTIFICATION. BUYER and SELLER 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. 18. 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. Paragraph headings are for convenience of reference and shall not limit or - 5 - 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. 19. 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. 20. ADDITIONAL PROVISIONS: A. NO REAL ESTATE AGENT OR BROKER. Neither party has used the services of a real estate agent or broker in connection with this transaction. Each party agrees to indemnify and save harmless the other party from and against all claims, costs, liabilities and expense (including court costs and reasonable attorney's fees) incurred by the other party as a result of a breach of this representation, which shall survive closing. B. OTHER: See attached Addendum to Residential Purchase Agreement. C. This Agreement is subject to final approval of the City Council of the City of Dubuque, Iowa, in its sole discretion. If the City Council of the City of Dubuque, Iowa does not approve this Offer, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. D. After execution of this Agreement by Seller and Buyer and final approval of the City Council of the City of Dubuque, Iowa, BUYER shall deliver a copy of the executed "Agreement to Buy Real Estate and Acceptance" executed by Michael C. Van Milligen, City Manager, along with a copy of the Resolution of the City Council authorizing the purchase of this Real Estate. E. BUYER, its counsel, accountants, agents and other representatives, shall have full and continuing access to the real estate and all parts thereof, upon reasonable notice to SELLER for the purpose of inspecting, surveying, engineering, test boring, performance of environment tests and such other work as BUYER shall consider appropriate, damage, claim, liability or cause of action arising from or caused by the actions of BUYER, its agents, or representatives upon the real estate or the donated real estate (except for any damage, claim, liability or cause of action arising from conditions existing prior to any such entry upon the real estate), and shall have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as BUYER considers appropriate. F. SELLER warrants that the rights of all tenants shall be terminated by SELLER prior closing and that there will be no tenants whose rights in the real estate survive the closing. This covenant shall survive the closing. G. Until ten (10) days prior to closing, BUYER shall have the right to terminate this agreement if environmental issues exist on the real estate that BUYER determines in its sole discretion do not permit BUYER to use the real estate for its intended use. Prior to - 6 - terminating this Agreement pursuant to this section, BUYER shall offer SELLER the opportunity to remediate the real estate to the satisfaction of BUYER in its sole discretion and at SELLER's sole cost. H. The real estate is sold /purchased "as is" and "with all faults ". 21. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted and delivered to BUYER on or before Octobert 5, 2013, at 5:00 p.m., this Agreement shall be null and void and all payments made shall be returned immediately to BUYER. Accepted 6 4 , 2013 ANOMALY ON MUSIC ROW L.C. (SELLER) mes W. Bauerly, Me ber/Manager .agatiAL M. Kat yne B . uerl , Me "ber /Manager Dated 1( /c/ CITY OF DUBUQUE (BUYER) By anomaly to city purchase agreement/sh , 2013 -7- ADDENDUM TO RESIDENTIAL PURCHASE AGREEMENT Relocation Fee: At the time of closing, Buyer agrees to pay Sellers $10,000 as a relocation fee in addition to the purchase price of $120,000.00. Proration: All rents shall be prorated to the date of closing. Seller shall deliver deposits, if any, at closing. Provided however, that no adjustment needs to be made for rents or deposits for units vacated prior to closing. Cooperation Agreement. Buyer agrees to cooperate with seller and seller's desires in regards to termination of current tenants. Deferred Exchange: Parties acknowledge that Sellers will be using this sale as part of a tax -free §1031 exchange. AMENDMENT TO OFFER TO BUY REAL ESTATE AND ACCEPTANCE BETWEEN THE CITY OF DUBUQUE, IOWA AND ANOMALY ON MUSIC ROW, L.C. This AMENDMENT TO OFFS TO BUY REAL ESTATE AND ACCEPTANCE is dated for reference purposes the itay of November, 2013. Whereas, the City of Dubuque (Buyer) and Anomaly on Music Row, L.C. (Seller) are parties to an Offer to Buy Real Estate And Acceptance (Offer) executed by the Seller on October 3, 2013; and Whereas, the parties now desire to amend the Agreement as set forth herein: 1. Par. 5 is amended to read as follows: 5. POSSESSION AND CLOSING. If BUYER timely performs all obligations, possession of the Property shall be delivered to BUYER on or before December 1, 2013 any any adjustments of rent, insurance, taxes, interest and all charges attributable to the SELLER's possession shall be made as of the date of possession. Closing shall occur after approval of title by BUYER's attorney and vacation of the Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect the Property within 48 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 separate agreement with adjustments as of the date of possession. 2. Par 21. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted on or before November 18, 2013, this Agreement shall be null and void and all payments made shall be returned immediately to Buyer. 3. Addendum to Residential Purchase Agreement is amended to read as follows: Relocation Fee: At the time of closing, Buyer agrees to pay Sellers $11,000 as a relocation fee in addition to the purchase price of $120,000.00. 4. This amendment is subject to the approval of the City Council of the City of Dubuque, Iowa. 11132013maq CITY OF DUBUQUE, IOWA SELLER By: By: Agri / // By: Kevi S. Firnstah , City Clerk Date: dames W. Bauerly, member /Mana Anomaly on sic Row, M. K. ryn- :au- rly, ember /May'ger Anomaly on Music Row, L.C. Date: //—/r- 2 ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION AND PURCHASE OF PROPERTY /OAAL.,�i�_��_�� Project: Bee Branch Restoration and Gateway Project Parcel Number: 1024206002 As owner(s) of real estate needed for the above referenced project and parcel, we acknowledge this is a voluntarily negotiated purchase by the City of Dubuque, Iowa under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque, Iowa through an exercise of the power of eminent domain under Chapter 6B of the Code of Iowa. This voluntarily negotiated sale to the City of Dubuque, Iowa was made without any coercive action of any nature. dames W. Bauerly, Member /Manage 'Anomaly on M is Row, L.C. M. K =thryn Anomaly on Date /6r 3-(2 Bauerly, 'ember /Manager Date is Row, L.C. STATE OF IOWA DUBUQUE COUNTY ] ] ss: This instnunent was acknowledged before me on the JC�4e1 day of Member/Manager of Anomaly on Music Row L.C. SALLY R. CULBERTSON Commission Number 760672 My Comm, Exp. (1 2 Zoi•S STA 1E OF IOWA ] ] ss: DUBUQUE COUNTY ] 1‘4-9-.;' 2013, by James W. Bauerly, ZL 2 C � Notary Publkfor the State of Iowa This instrument was acknowledged before me on the ) day of G , 2013, by M. Kathryne Bauerly, Member/Manager of Anomaly on Music Row, L.C. ". SALLY R. CULBERTSON ■ ' Commission Number 760672 My Comm. Ez�I - 3-gciS 1. I b$aary Public for the State of Iowa CLOSING STATEMENT DATE: November 19, 2013 RE: 510 East 22nd St., Dubuque, Iowa SELLER: Anomaly on Music Row, L.C. BUYER: City of Dubuque, Iowa Purchase Price: $120,000.00 Downpayment: 0.00 Balance Due at Closing: $120,000.00 Seller's Expenses: Abstracting: P.O.C. Legal: P.O.C. Transfer Tax: $191.20 Real Estate Taxes: 2nd 1/2 2012 -2013 $1,783.00 2013 -2014 (7/1/13 to 11/19/13); $3,566.00 - 365 = $9.77 X 142 days: $1,387.34 Mortgage Payoff— DB &TC $51,080.03 Legal: P.O.C. Total Seller's Expenses: Net Proceeds to Seller from sale of Real Estate $54,441.57 $120,000.00 - 54,441.57 $65,558.43 Parties acknowledge awareness that Sellers are using proceeds of sale for a 1031 tax -free exchange. Also to be paid at closing by Buyer to Seller, a "Relocation Allowance" of $11,000.00 (not eligible for 1031 tax -free exchange). ANOMALY ON MUSIC ROW, L.C. Seller, By GJ anomaly bauerly dubuque closing statement/sh CITY OF DUBUQUE, IOWA, Buyer, By Form W -9 (Rev. August 2013) Department of the Treasury Internal Revenue Service Request for Taxpayer Identification Number and Certification Give Form to the requester. Do not send to the IRS. Print or type See Specific Instructions on page 2. Name (as shown on your income tax return) Business name /disregarded entity name, if different from above Anowi d VI/11461 `ii oft C. 1,. C. Check appropriate bo for federal tax classification: i• Individual /sole proprietor i• C Corporation • S Corporation • Partnership • Trust/estate Limited liability company. Enter the tax classification (C =C corporation, S =S corporation, P= partnership) • Exemptions (see instructions): Exempt payee code (if any) Exemption from FATCA reporting code (if any) • Other (see instructions) • Address (number, street, and apt. or suite no.) 35vo fie. 4t 3'- Requester's name and address (optional) City, state, and ZIP code a�+�� . 1 Pr 52 W3 List account nu er(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other antitiac it is vni it emnlnver irientifir•.atinn number (EINI. If you do not have a number. see How to pet a Social secu ity number - - TIN on page 3. Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose number to enter. Employer identification number 41 6 s 7 Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below), and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions on page 3. Sign Here Signature of U.S. person ► Date //— 1 / – 2o/3 General Instruoons Section references are to the Internal Revenue Code unless otherwise noted. Future developments. The IRS has created a page on IRS.gov for information about Form W -9, at www.irs.gov /w9. Information about any future developments affecting Form W -9 (such as legislation enacted after we release it) will be posted on that page. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, payments made to you in settlement of payment card and third party network transactions, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W -9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income, and 4. Certify that FATCA code(s) entered on this form (if any) indicating that you are exempt from the FATCA reporting, is correct. Note. If you are a U.S. person and a requester gives you a form other than Form W -9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W -9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701 -7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax under section 1446 on any foreign partners' share of effectively connected taxable income from such business. Further, in certain cases where a Form W -9 has not been received, the rules under section 1446 require a partnership to presume that a partner is a foreign person, and pay the section 1446 withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W -9 to the partnership to establish your U.S. status and avoid section 1446 withholding on your share of partnership income. Cat. No. 10231X Form W -9 (Rev. 8 -2013) Form W -9 (Rev. 8 -2013) Page 2 In the cases below, the following person must give Form W -9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States: • In the case of a disregarded entity with a U.S. owner, the U.S. owner of the disregarded entity and not the entity, • In the case of a grantor trust with a U.S. grantor or other U.S. owner, generally, the U.S. grantor or other U.S. owner of the grantor trust and not the trust, and • In the case of a U.S. trust (other than a grantor trust), the U.S. trust (other than a grantor trust) and not the beneficiaries of the trust. Foreign person. If you are a foreign person or the U.S. branch of a foreign bank that has elected to be treated as a U.S. person, do not use Form W -9. Instead, use the appropriate Form W -8 or Form 8233 (see Publication 515, Withholding of Tax on Nonresident Aliens and Foreign Entities). Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the terms of a tax treaty to reduce or eliminate U.S. tax on certain types of income. However, most tax treaties contain a provision known as a "saving clause." Exceptions specified in the saving clause may permit an exemption from tax to continue for certain types of income even after the payee has otherwise become a U.S. resident alien for tax purposes. If you are a U.S. resident alien who is relying on an exception contained in the saving clause of a tax treaty to claim an exemption from U.S. tax on certain types of income, you must attach a statement to Form W -9 that specifies the following five items: 1. The treaty country. Generally, this must be the same treaty under which you claimed exemption from tax as a nonresident alien. 2. The treaty article addressing the income. 3. The article number (or location) in the tax treaty that contains the saving clause and its exceptions. 4. The type and amount of income that qualifies for the exemption from tax. 5. Sufficient facts to justify the exemption from tax under the terms of the treaty article. Example. Article 20 of the U.S. -China income tax treaty allows an exemption from tax for scholarship income received by a Chinese student temporarily present in the United States. Under U.S. law, this student will become a resident alien for tax purposes if his or her stay in the United States exceeds 5 calendar years. However, paragraph 2 of the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows the provisions of Article 20 to continue to apply even after the Chinese student becomes a resident alien of the United States. A Chinese student who qualifies for this exception (under paragraph 2 of the first protocol) and is relying on this exception to claim an exemption from tax on his or her scholarship or fellowship income would attach to Fomi W -9 a statement that includes the information described above to support that exemption. If you are a nonresident alien or a foreign entity, give the requester the appropriate completed Form W -8 or Form 8233. What is backup withholding? Persons making certain payments to you must under certain conditions withhold and pay to the IRS a percentage of such payments. This is called "backup withholding." Payments that may be subject to backup withholding include interest, tax- exempt interest, dividends, broker and barter exchange transactions, rents, royalties, nonemployee pay, payments made in settlement of payment card and third party network transactions, and certain payments from fishing boat operators. Real estate transactions are not subject to backup withholding. You will not be subject to backup withholding on payments you receive if you give the requester your correct TIN, make the proper certifications, and report all your taxable interest and dividends on your tax return. Payments you receive will be subject to backup withholding if: 1. You do not furnish your TIN to the requester, 2. You do not certify your TIN when required (see the Part II instructions on page 3 for details), 3. The IRS tells the requester that you furnished an incorrect TIN, 4. The IRS tells you that you are subject to backup withholding because you did not report all your interest and dividends on your tax return (for reportable interest and dividends only), or 5. You do not certify to the requester that you are not subject to backup withholding under 4 above (for reportable interest and dividend accounts opened after 1983 only). Certain payees and payments are exempt from backup withholding. See Exempt payee code on page 3 and the separate Instructions for the Requester of Form W -9 for more information. Also see Special rules for partnerships on page 1. What is FATCA reporting? The Foreign Account Tax Compliance Act (FATCA) requires a participating foreign financial institution to report all United States account holders that are specified United States persons. Certain payees are exempt from FATCA reporting. See Exemption from FATCA reporting code on page 3 and the Instructions for the Requester of Form W -9 for more information. Updating Your Information You must provide updated information to any person to whom you claimed to be an exempt payee if you are no longer an exempt payee and anticipate receiving reportable payments in the future from this person. For example, you may need to provide updated information if you are a C corporation that elects to be an S corporation, or if you no longer are tax exempt. In addition, you must fumish a new Form W -9 if the name or TIN changes for the account, for example, if the grantor of a grantor trust dies. Penalties Failure to fumish TIN. If you fail to furnish your correct TIN to a requester, you are subject to a penalty of $50 for each such failure unless your failure is due to reasonable cause and not to willful neglect. Civil penalty for false information with respect to withholding. If you make a false statement with no reasonable basis that results in no backup withholding, you are subject to a $500 penalty. Criminal penalty for falsifying information. Willfully falsifying certifications or affirmations may subject you to criminal penalties including fines and /or imprisonment. Misuse of TINs. If the requester discloses or uses TINs in violation of federal law, the requester may be subject to civil and criminal penalties. Specific Instructions Name If you are an individual, you must generally enter the name shown on your income tax return. However, if you have changed your last name, for instance, due to marriage without informing the Social Security Administration of the name change, enter your first name, the last name shown on your social security card, and your new last name. If the account is in joint names, list first, and then circle, the name of the person or entity whose number you entered in Part I of the form. Sole proprietor. Enter your individual name as shown on your income tax return on the "Name" line. You may enter your business, trade, or "doing business as (DBA)" name on the 'Business name /disregarded entity name" line. Partnership, C Corporation, or S Corporation. Enter the entity's name on the "Name" line and any business, trade, or "doing business as (DBA) name" on the "Business name /disregarded entity name" line. Disregarded entity. For U.S. federal tax purposes, an entity that is disregarded as an entity separate from its owner is treated as a "disregarded entity." See Regulation section 301.7701- 2(c)(2)(ii). Enter the owner's name on the "Name" line. The name of the entity entered on the "Name" line should never be a disregarded entity. The name on the "Name" line must be the name shown on the income tax return on which the income should be reported. For example, if a foreign LLC that is treated as a disregarded entity for U.S. federal tax purposes has a single owner that is a U.S. person, the U.S. owner's name is required to be provided on the "Name" line. If the direct owner of the entity is also a disregarded entity, enter the first owner that is not disregarded for federal tax purposes. Enter the disregarded entity's name on the 'Business name /disregarded entity name" line. If the owner of the disregarded entity is a foreign person, the owner must complete an appropriate Form W -8 instead of a Form W -9. This is the case even if the foreign person has a U.S. TIN. Note. Check the appropriate box for the U.S. federal tax classification of the person whose name is entered on the "Name" line (Individual/sole proprietor, Partnership, C Corporation, S Corporation, Trust/estate). Limited Liability Company (LLC). If the person identified on the "Name" line is an LLC, check the "Limited liability company" box only and enter the appropriate code for the U.S. federal tax classification in the space provided. If you are an LLC that is treated as a partnership for U.S. federal tax purposes, enter "P" for partnership. If you are an LLC that has filed a Form 8832 or a Form 2553 to be taxed as a corporation, enter "C" for C corporation or "S" for S corporation, as appropriate. If you are an LLC that is disregarded as an entity separate from its owner under Regulation section 301.7701 -3 (except for employment and excise tax), do not check the LLC box unless the owner of the LLC (required to be identified on the "Name" line) is another LLC that is not disregarded for U.S. federal tax purposes. If the LLC is disregarded as an entity separate from its owner, enter the appropriate tax classification of the owner identified on the "Name" line. Other entities. Enter your business name as shown on required U.S. federal tax documents on the "Name" line. This name should match the name shown on the charter or other legal document creating the entity. You may enter any business, trade, or DBA name on the "Business name /disregarded entity name" line. Exemptions If you are exempt from backup withholding and /or FATCA reporting, enter in the Exemptions box, any code(s) that may apply to you. See Exempt payee code and Exemption from FATCA reporting code on page 3. Form W -9 (Rev. 8 -2013) Page 3 Exempt payee code. Generally, individuals (including sole proprietors) are not exempt from backup withholding. Corporations are exempt from backup withholding for certain payments, such as interest and dividends. Corporations are not exempt from backup withholding for payments made in settlement of payment card or third party network transactions. Note. If you are exempt from backup withholding, you should still complete this form to avoid possible erroneous backup withholding. The following codes identify payees that are exempt from backup withholding: 1 —An organization exempt from tax under section 501(a), any IRA, or a custodial account under section 403(b)(7) if the account satisfies the requirements of section 401(f)(2) 2 —The United States or any of its agencies or instrumentalities 3 —A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities 4 —A foreign government or any of its political subdivisions, agencies, or instrumentalities 5 —A corporation 6 —A dealer in securities or commodities required to register in the United States, the District of Columbia, or a possession of the United States 7 —A futures commission merchant registered with the Commodity Futures Trading Commission 8 —A real estate investment trust 9 —An entity registered at all times during the tax year under the Investment Company Act of 1940 10 —A common trust fund operated by a bank under section 584(a) 11 —A financial institution 12 —A middleman known in the investment community as a nominee or custodian 13 —A trust exempt from tax under section 664 or described in section 4947 The following chart shows types of payments that may be exempt from backup withholding. The chart applies to the exempt payees listed above, 1 through 13. IF the payment is for ... THEN the payment is exempt for ... Interest and dividend payments All exempt payees except for 7 Broker transactions Exempt payees 1 through 4 and 6 through 11 and all C corporations. S corporations must not enter an exempt payee code because they are exempt only for sales of noncovered securities acquired prior to 2012. Barter exchange transactions and patronage dividends Exempt payees 1 through 4 Payments over $600 required to be reported and direct sales over $5,0001 Generally, exempt payees 1 through 52 Payments made in settlement of payment card or third party network transactions Exempt payees 1 through 4 1 See Form 1099 -MISC, Miscellaneous Income, and its instructions. 'However, the following payments made to a corporation and reportable on Form 1099 -MISC are not exempt from backup withholding: medical and health care payments, attorneys' fees, gross proceeds paid to an attorney, and payments for services paid by a federal executive agency. Exemption from FATCA reporting code. The following codes identify payees that are exempt from reporting under FATCA. These codes apply to persons submitting this form for accounts maintained outside of the United States by certain foreign financial institutions. Therefore, if you are only submitting this form for an account you hold in the United States, you may leave this field blank. Consult with the person requesting this form if you are uncertain if the financial institution is subject to these requirements. A —An organization exempt from tax under section 501(a) or any individual retirement plan as defined in section 7701(a)(37) B —The United States or any of its agencies or instrumentalities C —A state, the District of Columbia, a possession of the United States, or any of their political subdivisions or instrumentalities D —A corporation the stock of which is regularly traded on one or more established securities markets, as described in Reg. section 1.1472- 1(c)(1)() E —A corporation that is a member of the same expanded affiliated group as a corporation described in Reg. section 1.1472- 1(c)(1)(i) F —A dealer in securities, commodities, or derivative financial instruments (including notional principal contracts, futures, forwards, and options) that is registered as such under the laws of the United States or any state G —A real estate investment trust H —A regulated investment company as defined in section 851 or an entity registered at all times during the tax year under the Investment Company Act of 1940 I —A common trust fund as defined in section 584(a) J —A bank as defined in section 581 K —A broker L —A trust exempt from tax under section 664 or described in section 4947(a)(1) M —A tax exempt trust under a section 403(b) plan or section 457(g) plan Part I. Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. If you are a resident alien and you do not have and are not eligible to get an SSN, your TIN is your IRS individual taxpayer identification number (ITIN). Enter it in the social security number box. If you do not have an ITIN, see How to get a TIN below. If you are a sole proprietor and you have an EIN, you may enter either your SSN or EIN. However, the IRS prefers that you use your SSN. If you are a single- member LLC that is disregarded as an entity separate from its owner (see Limited Liability Company (LLC) on page 2), enter the owner's SSN (or EIN, if the owner has one). Do not enter the disregarded entity's EIN. If the LLC is classified as a corporation or partnership, enter the entity's EIN. Note. See the chart on page 4 for further clarification of name and TIN combinations. How to get a TIN. If you do not have a TIN, apply for one immediately. To apply for an SSN, get Form SS -5, Application for a Social Security Card, from your local Social Security Administration office or get this form online at www.ssa.gov. You may also get this form by calling 1- 800 - 772 -1213. Use Form W -7, Application for IRS Individual Taxpayer Identification Number, to apply for an ITIN, or Form SS -4, Application for Employer Identification Number, to apply for an EIN. You can apply for an EIN online by accessing the IRS website at www.irs.gov /businesses and clicking on Employer Identification Number (EIN) under Starting a Business. You can get Forms W -7 and SS -4 from the IRS by visiting IRS.gov or by calling 1-800 - TAX -FORM (1- 800 - 829 - 3676). If you are asked to complete Form W -9 but do not have a TIN, apply for a TIN and write "Applied For" in the space for the TIN, sign and date the form, and give it to the requester. For interest and dividend payments, and certain payments made with respect to readily tradable instruments, generally you will have 60 days to get a TIN and give it to the requester before you are subject to backup withholding on payments. The 60 -day rule does not apply to other types of payments. You will be subject to backup withholding on all such payments until you provide your TIN to the requester. Note. Entering "Applied For" means that you have already applied for a TIN or that you intend to apply for one soon. Caution: A disregarded U.S. entity that has a foreign owner must use the appropriate Form W -8. Part II. Certification To establish to the withholding agent that you are a U.S. person, or resident alien, sign Form W -9. You may be requested to sign by the withholding agent even if items 1, 4, or 5 below indicate otherwise. For a joint account, only the person whose TIN is shown in Part I should sign (when required). In the case of a disregarded entity, the person identified on the "Name" line must sign. Exempt payees, see Exempt payee code earlier. Signature requirements. Complete the certification as Indicated in items 1 through 5 below. 1. Interest, dividend, and barter exchange accounts opened before 1984 and broker accounts considered active during 1983. You must give your correct TIN, but you do not have to sign the certification. 2. Interest, dividend, broker, and barter exchange accounts opened after 1983 and broker accounts considered inactive during 1983. You must sign the certification or backup withholding will apply. If you are subject to backup withholding and you are merely providing your correct TIN to the requester, you must cross out item 2 in the certification before signing the form. 3. Real estate transactions. You must sign the certification. You may cross out item 2 of the certification. 4. Other payments. You must give your correct TIN, but you do not have to sign the certification unless you have been notified that you have previously given an incorrect TIN. "Other payments" include payments made in the course of the requester's trade or business for rents, royalties, goods (other than bills for merchandise), medical and health care services (including payments to corporations), payments to a nonemployee for services, payments made in settlement of payment card and third party network transactions, payments to certain fishing boat crew members and fishermen, and gross proceeds paid to attomeys (including payments to corporations). 5. Mortgage interest paid by you, acquisition or abandonment of secured property, cancellation of debt, qualified tuition program payments (under section 529), IRA, Coverdell ESA, Archer MSA or HSA contributions or distributions, and pension distributions. You must give your correct TIN, but you do not have to sign the certification. Form W -9 (Rev. 8 -2013) Page 4 What Name and Number To Give the Requester For this type of account: Give name and SSN of: 1. Individual 2. Two or more individuals (joint account) 3. Custodian account of a minor (Uniform Gift to Minors Act) 4. a. The usual revocable savings trust (grantor is also trustee) b. So- called trust account that is not a legal or valid trust under state law 5. Sole proprietorship or disregarded entity owned by an individual 6. Grantor trust filing under Optional Form 1099 Filing Method 1 (see Regulation section 1.671- 4(b)(2)(1)(A)) The individual The actual owner of the account or, if combined funds, the first individual on the account' The minor' The grantor- trustee' The actual owner' The owner' The grantor* For this type of account: Give name and EIN of: 7. Disregarded entity not owned by an individual 8. A valid trust, estate, or pension trust 9. Corporation or LLC electing corporate status on Form 8832 or Form 2553 10. Association, club, religious, charitable, educational, or other tax - exempt organization 11. Partnership or multi- member LLC 12. A broker or registered nominee 13. Account with the Department of Agriculture in the name of a public entity (such as a state or local government, school district, or prison) that receives agricultural program payments 14. Grantor trust filing under the Form 1041 Filing Method or the Optional Form 1099 Filing Method 2 (see Regulation section 1.671- 4(b)(2)()(B)) The owner Legal entity ° The corporation The organization The partnership The broker or nominee The public entity The trust 'List first and circle the name of the person whose number you fumish. If only one person on a joint account has an SSN, that person's number must be furnished. 2 Circle the minor's name and furnish the minor's SSN. 3 You must show your individual name and you may also enter your business or "DBA" name on the "Business name /disregarded entity" name line. You may use either your SSN or EIN (if you have one), but the IRS encourages you to use your SSN. <List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the personal representative or trustee unless the legal entity itself is not designated In the account title.) Also see Special rules for partnerships on page 1. *Note. Grantor also must provide a Form W -9 to trustee of trust. Note. If no name is circled when more than one name is listed, the number will be considered to be that of the first name listed. Secure Your Tax Records from Identity Theft Identity theft occurs when someone uses your personal information such as your name, social security number (SSN), or other identifying information, without your permission, to commit fraud or other crimes. An identity thief may use your SSN to get a job or may file a tax return using your SSN to receive a refund. To reduce your risk: • Protect your SSN, • Ensure your employer is protecting your SSN, and • Be careful when choosing a tax preparer. If your tax records are affected by identity theft and you receive a notice from the IRS, respond right away to the name and phone number printed on the IRS notice or letter. If your tax records are not currently affected by identity theft but you think you are at risk due to a lost or stolen purse or wallet, questionable credit card activity or credit report, contact the IRS Identity Theft Hotline at 1- 800 - 908 -4490 or submit Form 14039. For more information, see Publication 4535, Identity Theft Prevention and Victim Assistance. Victims of identity theft who are experiencing economic harm or a system problem, or are seeking help in resolving tax problems that have not been resolved through normal channels, may be eligible for Taxpayer Advocate Service (TAS) assistance. You can reach TAS by calling the TAS toll -free case intake line at 1- 877 - 777 -4778 orTTY/TDD 1- 800 - 829 -4059. Protect yourself from suspicious emails or phishing schemes. Phishing is the creation and use of email and websites designed to mimic legitimate business emails and websites. The most common act is sending an email to a user falsely claiming to be an established legitimate enterprise in an attempt to scam the user into surrendering private information that will be used for identity theft. The IRS does not initiate contacts with taxpayers via emails. Also, the IRS does not request personal detailed information through email or ask taxpayers for the PIN numbers, passwords, or similar secret access information for their credit card, bank, or other financial accounts. If you receive an unsolicited email claiming to be from the IRS, forward this message to phishing@irs.gov. You may also report misuse of the IRS name, logo, or other IRS property to the Treasury Inspector General for Tax Administration at 1- 800 - 366 -4484. You can forward suspicious emails to the Federal Trade Commission at: spam@uce.gov or contact them at www.ftc.gov /idtheft or 1-877 - IDTHEFT (1- 877 -438- 4338). Visit IRS.gov to learn more about identity theft and how to reduce your risk. Privacy Act Notice Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS, reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to file a tax retum. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a TIN to the payer. Certain penalties may also apply for providing false or fraudulent information. IIIYIIIINI11IIIIIINIIIIIIIIIIIIIYWIYIIII Doc ID 007850640005 Type: GEN Kind DEED WITH RESOLUTION Recorded: 11/21/2013 at 11:34:06 AM Fee Amt: $223.20 Page 1 of 5 Revenue Tax: $191.20 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e20 1 3- 000 1 8 1 1 6 James A. Trannel - ICIS #AT0007917 ©THE IOWA STATE BAR ASSOCIATION Official Form No. 101 - August 2013 Return To: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 Preparer: James A. Trannel, 1154 Iowa Street. Dubuque, IA 52001, (563) 557 -7360 Taxpayer: City of Dubuque, Towa, 50 West 13th Street, Dubuque, TA 52001 s1V . �73 WARRANTY DEED FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER 7s4 ®eA 0 For the consideration of Ten ($10.00) Dollar(s) and other valuable consideration, Anomaly on Music Row, L.C., an Iowa Limited Liability Company, does hereby Convey to The City of Dubuque, Iowa, following described real estate in Dubuque County, Iowa: Lot 8 of Mineral Lot 314, in the City of Dubuque, Iowa, according to the recorded plat thereof the Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and Convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: November 19� 2013 ANOMALY ON ► : C ROW, L.C. By M. thryne : aue y, Mem I er /Manager Y ames W. Bauerly, Member/Man ger fo 00 Wit( 1G STATE OF IOWA , COUNTY OF DUBUQUE This instrument was acknowledged before me this i6(-k day of November, 2013, on behalf of Anomaly on Music Row, L.C., M. Kathryne Bauerly and James W. Bauerly, who stated that grantor is a member - managed Iowa Limited Liability Company, and that this transaction is being done within the ordinary course of said Limited Liability Company's business, and that they are authorized to execute this instrument. Notary Public for the St Sa park RESOLUTION NO. 326 -13 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ANOMALY ON MUSIC ROW, L.C. IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate located near the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities as recommended in the 2001 "Drainage Basin Master Plan "; and Whereas, this certain real estate is not currently part of or located within the Bee Branch Creek Restoration Project; and Whereas, the owner of this certain real estate approached the City of Dubuque voluntarily and proposed that the City of Dubuque acquire the property for possible future addition to, but not currently as part of, the Bee Branch Creek Restoration Project; and Whereas, the acquisition of this real estate is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, a purchase agreement and an amendment thereto have been finalized with the owner of the real estate scheduled for acquisition and an Acknowledgment of Voluntary Negotiation has been executed by the owner. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa hereby approves the acquisition of the following legally described real estate: Lot 8 of Mineral Lot 314, in the city of Dubuque, Iowa, according to the recorded plat thereof at the cost of One Hundred Twenty Thousand and 00/100 Dollars ($120,000.00) and reimbursements, not to exceed a total amount of One Hundred Thirty -One Thousand Dollars ($131,000.00). Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed from the owners, conveying the owner's interest to the City of Dubuque, Iowa _for__ the _herein _described _ real estate. Section 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 18th day of November, 2013. Attest: Kevin Firnstahl, ity Clerk Roy D. Bu4f, Mayor 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. 326 -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 19th day of November, 2013. Kevi- :. irnstahl, MC,-.''ty Clerk 11111111111111111NEVERIt Doc ID 007850650002 Type GWH Kind GROUNDWATER HAZARD Recorded: 11/21/2013 at 11:34:52 AM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa . Kathy Flynn Thurlow Recorder F File20i3- 00002025 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Anomaly on Music Row, L.C. Address c/o 3500 Dodge Street, #387, Dubuque, IA 52003 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name The City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 510 East 22nd Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 8 of Mineral Lot 314, in the City of Dubuque, Iowa, according to the recorded plat thereof 1. Wells (check one) x 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) )S 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. U derground Storage Tanks (check one) t 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) aotb- Uq 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) X 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: (Transferor or Agent) FILE WITH RECORDER Telephone No.: 3-6 53-7 — DNR form 542 -0960 (July 18, 2012)