Loading...
Offer to Buy Weis Grocery_400 East 22nd Street, Four Mounds FoundationMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Four Mounds Foundation: Purchase of 400 East 22nd Street DATE: January 16, 2014 Dubuque band AI- America City 1 2007 • 2012 • 2013 Assistant City Attorney Crenna Brumwell is recommending approval of the "Offer to Buy Real Estate and Acceptance" of real property located at 400 East 22nd Street. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:sv Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Crenna Brumwell, Assistant City Attorney THE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: January 15, 2014 RE: Four Mounds Foundation: Purchase of 400 East 22nd Street The Four Mounds Foundation (Four Mounds) holds the mortgage for the former Weis Grocery at 400 East 22nd Street owned by Janice Weis. Ms. Weis died in March of 2011. Since that time Four Mounds has been working to obtain title to the property. The City needs to acquire the property as part of the Bee Branch Watershed Project and has an interest in the property for use as a possible future police substation and has preliminarily discussed possible uses for the structure with Four Mounds. In order to obtain clear title to the property, Four Mounds foreclosed on the mortgage. The foreclosure process is complete and the property is scheduled for sheriff's sale on January 23, 2014. Four Mounds will bid on the property at the sheriff's sale to protect its investment in the property. It is likely that Four Mounds will retain the property following the sheriff's sale. The total of Four Mounds' investment is: Judgment $45,509.45 Interest $1,009.40 Sheriff Fees $136.40 Publication Costs $30.24 Total $46,685.49 Interest continues to accrue at a rate of $7.7477 per diem from and after January 23, 2014 until the closing. The total above does NOT include $4,549.41 in liens in favor of the City for assessments against the property for delinquent utilities, delinquent vacant and abandoned building license, weeds, grass and garbage cleanup by the City. Attached is an "Offer to Buy Real Estate and Acceptance." As a condition of the agreement: • The City will receive a warranty deed but the property will be conveyed in "as -is" condition. • The City will assume the $4,549.41 in special assessments (which are owed to the City) so they would not have to be paid as part of the closing. • No proration of real estate taxes; the City is responsible for taxes in the amount of $1,219 through March 2014. • Four Mounds pays the transfer tax and prepares the warranty deed, Groundwater Hazard Statement and Declaration of Value. • Four Mounds will have the abstract updated at its costs if the City requires it for a title opinion. I recommend that the "Offer to Buy Real Estate and Acceptance" be submitted to the City Council for consideration and approval. cc: Alvin Nash, Housing & Community Development Director Gus Psihoyos, City Engineer Deron Muehring, Civil Engineer RESOLUTION NO. 20-14 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE FOUR MOUNDS FOUNDATION IN THE CITY OF DUBUQUE Whereas, Four Mounds Foundation intends to acquire certain real estate legally described as follows (the Property): Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa according to the recorded plats thereof; and Whereas, the City of Dubuque desires to acquire the Property which is located near the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities; and Whereas, an Offer to Buy and Acceptance has been negotiated with Four Mounds Foundation subject to acquisition of the Property by Four Mounds Foundation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed to the Property upon satisfaction of the terms of the Offer to Buy and Acceptance. Passed, approved and adopted this 21st day of January, 2014. Attest: / Kevin . irnstahl, ity erk Roy D. Buol, Mayor Sheriff's Cost Sheet Sale: Four Mounds vs Weis Date: Jan 23, 2014 10:00a_m_ Dubuque county Law Enforcement Center Case: ECLCV 101013 Judgment: $ Interest: $ Atty Fees: $ Cost: $ Publication fees: $ Sheriff Fees: $ 45,509.45 1_,009.40 30.24 136.50 $ 46,685.59 Any questions please call; please include tax address on all bids. If plaintiff is high bidder, please send a check to cover sheriff feesSt publication cost. Deputy E.M_ Palen Dubuque County Sheriff's Office l d 890L 'ON ddI?J3Hu h1Nf100 3nonsf10 Wb'bb 6 bIOZ Masterpiece on the Mississippi MEMORANDUM CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Ken TeKippe Finance Director DATE: February 6, 2014 RE: Four Mounds Foundation: Purchase of 400 East 22nd Street Ken: We closed on the above - referenced property on Thursday, January 30, 2014. Attached for your file is the original Closing Statement. I will retain a copy of this Closing Statement in my file. Also attached for your reference is a copy of the Closing documents. We took these documents to the Dubuque County Recorder's Office on Tuesday, February 4, 2014 for recording. If you need a copy of the recorded documents, please let me know and I will provide you with those documents once I receive them. Thank you. cc: 14<evin Firnstahl, City Clerk Gus Psihoyos, City Engineer Deron Muehring, Civil Engineer F:\ USERS \Cbrumwel \Engineering \Weis Grocery\ TeKippe_ OriginalClosingStatement _020614.doc REAL ESTATE CLOSING STATEMENT Seller: FOUR MOUNDS FOUNDATION Premises: 400 EAST 22ND STREET, DUBUQUE, IA 52001 Purchasers: CITY OF DUBUQUE, IOWA Date of Closing: 1/30/2014 Place of Closing: FREUND LAW FIRM, P.C. EIN: 42- 1265303 EIN: Sale Price: Earnest Money: Remaining Balance n /a, $46,685.59 $46,685.59 Expenses to Sale: Tax Proration: None per agreement. Special Assessments: Assumed by buyer per agreement. Advanced costs Freund Law Firm, P.C.: $626.46 Broker fee: n/a Seller Attorney fees: n/a Transfer Tax: Dubuque County Recorder Abstracting fee: n/a TOTAL NET TO SELLER Seller Buyer SELLER'S EXPENSES SELLER EXPENSES POC ($74.40) ($74.40) $46,611.19 NDS FOUNDATION, by John D. Freund, its Chair CITY OF DUBUQUE, IOWA, by Crenna Brumwell, Assistant City Attorney Return To: Crenna Bramwell, 300 Main Street, Suite 320, Dubuque, IA 52001 Preparers John D. Freund, 1005 Main Street, Suite 200, Dubuque, IA 52001, (563) 587 -8050 Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 QUIT CLAIM DEED For the consideration of Ten Dollar(s) and other valuable consideration, Four Mounds Foundation do hereby Quit Claim to City of Dubuque, Iowa all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 1 of Lot 1 of Lot 12 in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa, according to the recorded plats thereof. 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: dr °4 '( d / 20f r r Mounds Foundation (Grantor) y John D. Freund, its Chair STATE OF IOWA, COUNTY OF DUBUQUE This instrument was acknowledged before me on 4'#h `/ 301 20 PI by John D. Freund, as Chair of Four Mounds Foundation. NOTARY SEAL - IOWA SARA E. FR.EUND COMMISSION NUMBER 776883 My commission expires: 02/06/2016 lV tary Public 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: Four Mounds Foundation SSN or FEIN: 42- 1265303 Seller Address: 4900 Peru Road, Dubuque, IA 52001 e- mail/phone' (563) 585 -0657 BUYER: City of Dubuque, I o w a SSN or FEIN. 4/.E.— O /5 % 6 Gtf Buyer Address: 50 West 13th Street e- mail/phone: (563) 589-4100 Y Address of Properly Conveyed. 400 E. 22nd Street, Dubuque, IA 52001 Date of instrument' • ® Deed i ❑ Contract_2 A Legal Description: Lot 1 of Lot 1 of Lot 12 in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa, sceording to the recorded plats 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 0 Purchase of adjoining land ❑ Transfer of partial Interest MI Quit Claim Deed Li Sale between famlly members or related parties 0 Foreclosure, forfeitures, or transfers arising from default; forced sale Was this a sale of AG LAND to ❑ Corporation ❑ Trust ❑ Alien ❑ Non - Resident Allen 0 Limited Partnership A DECLARATION OF VALUE STATEMENT 1. Total Amount Paid $ 46,685.59 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ ' 46,685.59 A Contract Safe information: Down Payment $ interest Rate % Monthly Payment $ Length of Contract years Balloon Payment Date (If applicable) I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART 1 OF THiS FORM IS TRUE AND CORRECT AS DETAIL €\ D Signatu� Buyer TI t B OF THIS OR rint�d Name John D. Freund, Chair Phone #: (563) 587 -8050 J� ❑ Bu or IS] Seiler or ❑ Agent or ❑Attorney PART II - TO BE COMPLETED BY THE ASSESSOR Ciassllication of Property: ❑ Res 4_ ❑ Com _5_ ❑ Ind _2_ 0 Ag _1_ A Deeded Acres: A OCC A, 'MAMBA A Tax District Primary Parcel Number • ( attach list of addillonal parcels) Full Assessed Value January 1 of Year of Salo 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) REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Four Mounds Foundation Address 4900 Peru Road, Dubuque, JA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th. Street Number and Skeet or RR City, Town or P.O. State Zip Address of Property Transferred: 400 E. 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 1 of Lot 1 of Lot 12 in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa, according to the recorded plats 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) X There is no known hazardous waste on this property. There Is hazardous waste on this property and Information related thereto is provided In Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X 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) X 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) ,..2L 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: Four Mounds Foundation has owned the property in question only as a result of foreclosure on a real estate mortgage. Four Mounds Foundation knows that the properly has been in poor physical condition, but it does not have any actual knowledge of any groundwater hazards as described herein. Four Mounds Foundation is aware that the real property in question. 1 HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THiS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: i�• (Transferor or Agent) FILE WITH RECORDER Telephone No,: (563) 5854657 DNR form 542.0960 (July 18, 2012) 'RESOLUTION NO. 20-14 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE FOUR MOUNDS FOUNDATION IN THE CITY OF DUBUQUE Whereas, Four Mounds Foundation intends to acquire certain real estate legally described as follows (the Property): Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa according to the recorded plats thereof; and Whereas, the City of Dubuque desires to acquire the Property which is located near the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities; and Whereas, an Offer to Buy and Acceptance has been . negotiated with Four Mounds Foundation subject to acquisition of the Property by Four Mounds Foundation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed to the Property upon satisfaction of the terms of the Offer to Buy and Acceptance. Passed, approved and adopted this 21St day of January, 2014.. Attest: Ad' Kevin rnstahl, City erk Roy D. BuoI, Mayor CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) 1, 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. do further state that the hereto attached Resolution No. 20 -14 is a true and correct copy of the original. In Testimony Whereof, 1 hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 22nd day of January, 2013. i 6i.�02,5s'%l/d Kevin S Firnstahl, MC, `i y Clerk {SEAL) i OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Four Mounds Foundation, Dubuque, Iowa ( "Seller "): 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Dubuque County, Iowa, legally described as: Lot One. (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa, according to the recorded plats thereof, (hereinafter the "Real Estate ") together with any easements and appurtenant sentient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways (hereinafter the "Real Estate "); provided Buyers, on possession, are permitted to make the following use of the Real Estate: residential and commercial rental. 2. PRICE. The purchase price shall be $46,685.59 plus $7.7477 per diem from and after January 23, 2014 until the Closing, all payable in cash at Closing. 3. REAL ESTATE TAXES. Buyer shall take the Real Estate subject to all property taxes due and owing, and no real estate tax proration shall be made at the Closing. 4. SPECIAL ASSESSMENTS. Buyer shall take the Real Estate subject to all special assessments which are a lien on the Real Estate. 5. RISK OF LOSS AND INSURANCE. All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyers. 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers, provided, however, that if there is any loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller, then Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition, and shall not be required to repair or replace the same. 7. POSSESSION. If Buyers timely perform all obligations, possession of the Real Estate shall be delivered to Buyers on or before , 2014, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. The foregoing date of Closing may be changed by agreement of the parties if necessary to accommodate surveying and recording of the plat of survey. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built -in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: none. 9. USE OF PURCHASE PRICE. [INTENTIONALLY LEFT BLANK] 10. ABSTRACT AND TITLE; Seller shall deliver to Buyer the abstract of title at Closing, but such abstract need not be updated. 11. DEED. Upon payment of the purchase price, Seller shall give to Buyer a Quit Claim Deed in the form attached hereto as Exhibit "A" and by this reference incorporated herein. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. [INTENTIONALLY LEFT BLANK] 13. JOINDER BY SELLER'S SPOUSE. [INTENTIONALLY LEFT BLANK] 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. REMEDIES OF THE PARTIES a. If Buyers fail to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, 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 such failure (during which thirty clays such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Seller fails to perform this contract timely, then Buyer has the right to have all payments made returned to him. c. Buyer and Seller also are 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. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Seller shall furnish Buyer with a written statement from the holder of such lien, showing the correct balance due. 17. SUBSEQUENT CONTRACT. [INTENTIONALLY LEFT BLANK] 18. APPROVAL OF COURT. [INTENTIONALLY LEFT BLANK] 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 21. 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 banmed or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 22. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before , 2014, then it shall become void and all payments shall be repaid to the Buyer. 23. APPROVAL BY CITY COUNCIL. This offer is expressly contingent upon approval by the City Council of the City of Dubuque, Iowa and shall not be binding upon the City of Dubuque until duly approved by said council. 24. OTHER PROVISIONS. Notwithstanding any provision herein to the contrary, the following shall apply to this transaction: a. Buyer hereby agrees that if it demolishes, deconstructs, or rehabilitates the Real Estate that it will provide Seller with an opportunity to perform such. work for Buyer that is within the scope and capabilities of Seller through its HEART Program. Buyer and Seller shall endeavor to determine how Seller/HEART can assist Buyer with such services, and the parties shall enter into a separate and binding agreement related to such work upon Buyer's demolition, deconstruction, and/or rehabilitation.of the Real Estate. b. Buyer is purchasing the Real Estate in as -is, where -is condition and takes subject to . any and all defects, including but not limited to structural, environmental, zoning, special assessments, taxes of any nature, and claims made by any person or persons. Seller hereby warrants and represents that it has no actual knowledge of any condition of the Real Estate or its title that would cause Buyer's ownership to be jeopardized, with the following exceptions: real estate taxes and special assessments. c. Buyer acknowledges that the Real Estate has been the subject of a real estate foreclosure action in the Iowa District Court for Dubuque County and that Seller plans to acquire title via sheriffs sale scheduled for January 23, 2014 in Dubuque County. If Seller does not acquire title as a result of said sheriff's sale, then this Offer to Buy Real Estate and Acceptance shall be null and void and of no force or effect. Only if Seller is the prevailing bidder at the sheriff's sale will Seller be liable to fulfill the terms and conditions set forth herein. Accepted 404-A---e)"---6 t pd Dated January 21, 2014 SE I LE P15(t Name: Four Mounds Foundation John D. Freund, its chair 4900 Peru Road, Dubuque, IA 52001 /L/ Print Name: City of Dubuque, Iowa Its (Mayor)- (MayFer-Pre- -T-em) EXHIBIT "A" Prepared by: John D. Freund, 1005 Main Street, Suite 200, Dubuque, IA 52001 (563) 587 -8050 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001 Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, IA 52001 QUIT CLAIM DEED For the consideration of Ten Dollars ($10.00) and other valuable consideration, Four Mounds Foundation does hereby quit claim to City of' Dubuque, Iowa all of its right, title, Interest, estate, claim, and demand in the following real estate in Dubuque County, Iowa: Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa, according to the recorded plats thereof. 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 • , 2014. FOUR MOUNDS FOUNDATION, GRANTOR: By John D. Freund, its Chair STATE OF IOWA ) COUNTY OF DUBUQUE ) ss. This instrument was acknowledged before one on , 2014 by John D. Freund as Chair of Four Mounds Foundation. Notary Public ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION AND PURCHASE OF PROPERTY Project: 400 East 22nd Street, Dubuque, IA 52001 Parcel No.: 1024211001 As owner(s) of real estate needed for the above referenced project and parcel, (I) /(We) acknowledge this is a voluntary negotiated purchase by the City of Dubuque, Iowa under Section 6b.1A of the Iowa Code, 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 Iowa Code. This voluntary negotiated sale to the City of Dubuque, Iowa was made without any coercive action of any nature. Seller Date Seller Date Notary Public in and for Dubuque County, Iowa 1iiiiii1iiiiiiiiiII II iiiiiiII11111iiiii11111II III II II 11111111 Doc ID: 007916430007 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 02/04/2014 at 02:11:54 PM Fee Amt: $116.40-Page 1 of 7 Revenue Tax: $74.40 Dubuque County Iowa Kathy Flynni /Thurlow Recorder File20i4-000011i1/�4 Return To: Crenna Brumwell, 300 Main Street, Suite 320,Dubuque, IA 52001 Preparer: John D. Freund, 1005 Main Street, Suite 200,Dubuque,IA 52001, (563) 587-8050 Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque,IA 52001 QUIT CLAIM DEED For the consideration of Ten Dollar(s) and other valuable consideration, Four Mounds Foundation do hereby Quit Claim to City of Dubuque,Iowa all our right,title,interest,estate,claim and demand in the following described real estate in Dubuque County, Iowa: Lot 1 of Lot 1 of Lot 12 in L.Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque,Iowa,according to the recorded plats thereof. 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: 01Nu4'ft-`f 3 d , 2(Dr �. r Mounds Foundation(Grantor) y John D. Freund, its Chair STATE OF IOWA, COUNTY OF DUBUQUE This instrument was acknowledged before me on J A4c)/4 y 3o t 20 f'i by John D. Freund, as Chair of Four Mounds Foundation. NOTARY SEAL-IOWA 14otary Public SARA E. FREUND COMMISSION NUMBER 776883 My commission expires: 02/06/2016 0 37 UK, ClrIL • RESOLUTION NO. 20-14 APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY THE FOUR MOUNDS FOUNDATION IN THE CITY OF DUBUQUE Whereas, Four Mounds Foundation intends to acquire certain real estate legally described as follows (the Property): Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa according to the recorded plats thereof; and Whereas, the City of Dubuque desires to acquire the Property which is located near the area of the Bee Branch Creek Restoration Project for stormwater mitigation activities; and Whereas, an Offer to Buy and Acceptance has been negotiated with Four Mounds Foundation subject to acquisition of the Property by Four Mounds Foundation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council of the City of Dubuque, Iowa hereby approves the Offer to Buy Real Estate and Acceptance attached hereto. Section 2. That the City of Dubuque be and is hereby authorized to accept a Warranty Deed to the Property upon satisfaction of the terms of the Offer to Buy and Acceptance. Passed, approved and adopted this 21st day of January, 2014.. r , Roy D. Buol, Mayor Attest: Kevin(S. irnstahl, City erk 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. 20-14 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 22nd day of January, 2013. Z07:ffe 1r2" e. � d/ Kevin S. Firnstahl, MC, i y Clerk O d:t Pi oo �� f+ f r 111x0 , I . OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Four Mounds Foundation,Dubuque, Iowa("Seller"): 1. REAL ESTATE DESCRIPTION. The Buyer offers to buy real estate in Dubuque County, Iowa, legally described as: Lot One (1) of Lot One (1)of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque,Iowa, according to the recorded plats thereof, (hereinafter the "Real Estate") together with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways (hereinafter the "Real Estate"); provided Buyers, on possession, are permitted to make the following use of the Real Estate: residential and commercial rental. 2. PRICE. The purchase price shall be $46,685.59 plus $7.7477 per diem from and after January 23, 2014 until the Closing, all payable in cash at Closing. 3.REAL ESTATE TAXES. Buyer shall take the Real Estate subject to all property taxes due and owing, and no real estate tax proration shall be made at the Closing. 4. SPECIAL ASSESSMENTS. Buyer shall take the Real Estate subject to all special assessments which are a lien on the Real Estate. 5. RISK OF LOSS AND INSURANCE. All risk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyers. 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers, provided, however, that if there is any loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller,then Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition, and shall not be required to repair or replace the same. 7. POSSESSION. If Buyers timely perform all obligations,possession of the Real Estate shall be delivered to Buyers on or before , 2014, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. The foregoing date of Closing may be changed by agreement of the parties if necessary to accommodate surveying and recording of the plat of survey. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: none. 9.USE OF PURCHASE PRICE. [INTENTIONALLY LEFT BLANK] 10. ABSTRACT AND TITLE. Seller shall deliver to Buyer the abstract of title at Closing,but such abstract need not be updated. 11. DEED. Upon payment of the purchase price, Seller shall give to Buyer a Quit Claim Deed in the form attached hereto as Exhibit"A"and by this reference incorporated herein. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. [INTENTIONALLY LEFT BLANK] 13. JOINDER BY SELLER'S SPOUSE. [INTENTIONALLY LEFT BLANK] 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. REMEDIES OF THE PARTIES a. If Buyers fail to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, 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 such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Seller fails to perform this contract timely, then Buyer has the right to have all payments made returned to him. c. Buyer and Seller also are 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. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Seller shall furnish Buyer with a written statement from the holder of such lien, showing the correct balance due. 17. SUBSEQUENT CONTRACT. [INTENTIONALLY LEFT BLANK] 18. APPROVAL OF COURT. [INTENTIONALLY LEFT BLANK] 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 21. 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. 22. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before , 2014,then it shall become void and all payments shall be repaid to the Buyer. 23. APPROVAL BY CITY COUNCIL. This offer is expressly contingent upon approval by the City Council of the City of Dubuque, Iowa and shall not be binding upon the City of Dubuque until duly approved by said council. 24. OTHER PROVISIONS. Notwithstanding any provision herein to the contrary, the following shall apply to this transaction: a. Buyer hereby agrees that if it demolishes, deconstructs, or rehabilitates the Real Estate that it will provide Seller with an opportunity to perform such work for Buyer that is within the scope and capabilities of Seller through its HEART Program. Buyer and Seller shall endeavor to determine how Seller/HEART can assist Buyer with such services, and the parties shall enter into a separate and binding agreement related to such work upon Buyer's demolition, deconstruction, and/or rehabilitation of the Real Estate. b. Buyer is purchasing the Real Estate in as-is, where-is condition and takes subject to any and all defects, including but not limited to structural, environmental, zoning, special assessments, taxes of any nature, and claims made by any person or persons. Seller hereby warrants and represents that it has no actual knowledge of any condition of the Real Estate or its title that would cause Buyer's ownership to be jeopardized, with the following exceptions: real estate taxes and special assessments. c. Buyer acknowledges that the Real Estate has been the subject of a real estate foreclosure action in the Iowa District Court for Dubuque County and that Seller plans to acquire title via sheriff's sale scheduled for January 23, 2014 in Dubuque County. If Seller does not acquire title as a result of said sheriff's sale,then this Offer to Buy Real Estate and Acceptance shall be null and void and of no force or effect. Only if Seller is the prevailing bidder at the sheriff's sale will Seller be liable to fulfill the terms and conditions set forth herein. Accepted �/, pd Dated January 21 , 2014 SE E BUYER - '4"11 P A Name:Four Mounds Foundation Print Name: City of Dubuque, Iowa John D. Freund, its chair By: 4900 Peru Road,Dubuque,IA 52001 Its (Mayor) (Mayor Pro Tcm) EXHIBIT "A" Prepared by: John D.Freund, 1005 Main Street, Suite 200,Dubuque, IA 52001 (563) 587-8050 Return to: Crenna Brumwell, 300 Main Street, Suite 330,Dubuque, IA 52001 Taxpayer: City of Dubuque, Iowa, 50 West 13th Street,Dubuque, IA 52001 QUIT CLAIM DEED For the consideration of Ten Dollars ($10.00) and other valuable consideration, Four Mounds Foundation does hereby quit claim to City of Dubuque, Iowa all of its right, title, interest, estate, claim, and demand in the following real estate in Dubuque County, Iowa: Lot One (1) of Lot One (1) of Lot Twelve (12) in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque, Iowa, according to the recorded plats thereof. 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 ,2014. FOUR MOUNDS FOUNDATION, GRANTOR: By John D. Freund, its Chair STATE OF IOWA ) COUNTY OF DUBUQUE ) ss. This instrument was acknowledged before me on , 2014 by John D.Freund as Chair of Four Mounds Foundation. Notary Public 1 iiiiii1 iiiiii iii iiiif hili hili hili hili hili hili hili hili hili hili ilii ilii Doc ID: 007916440002 Type: GWH Kind: GROUNDWATER Recorded: 02/04/2014ZatD02:12:10 PM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014_00000139 REAL ESTATE TRANSFER- GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Four Mounds Foundation Address 4900 Peru Road,Dubuque,IA 52001 Number and Street or RR City,Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, Iowa Address 50 West 13th Street Number and Street or RR City,Town or P.O. State Zip Address of Property Transferred: 400 E. 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 1 of Lot 1 of Lot 12 in L. Kniest's Subdivision of part of Mineral Lot 314 in the City of Dubuque,Iowa, according to the recorded plats 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) X There is no known hazardous waste on this property. _There is hazardous waste on this property and information related thereto is provided in Attachment#1, attached to this document. 4. Underground Storage Tanks (check one) X 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) a 5. Private Burial Site (check one) X 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: Four Mounds Foundation has owned the property in question only as a result of foreclosure on a real estate mortgage. Four Mounds Foundation knows that the property has been in poor physical condition, but it does not have any actual knowledge of any groundwater hazards as described herein. Four Mounds Foundation is aware that the real property in question. I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: t. g Telephone No.: (563) 585-0657 (Transferor or Agent) FILE WITH RECORDER DNR form 542-0960(July 18, 2012)