POD Adams Development Warranty DeedTHE CITY OF
DUB E
~-~-~
MEMORANDUM
May 1, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Port of Dubuque Adams Development, LLC
City Attorney Barry Lindahl is recommending that a public hearing be set for May 21,
2007 regarding approval of a Resolution of Intent to Dispose of property by deed to the
Port of Dubuque Adams Development, LLC.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
s~' ~~
Mic ael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
y
BARRY A. LINDAHL,
CITY ATTORNEY
MEMO
To: Michael C. Van Milligen
City Manager
DATE: April 16, 2007
RE: Port of Dubuque Adams Development, LLC
When the Development Agreement between the City of Dubuque, Port of Dubuque
Adams Development, LLC, and the Durrant Group, LLC, was approved by the City
Council on January 23, 2007, the property for the Durrant project had not yet been
surveyed and platted so the correct legal description for a deed had not yet been
determined.
The property has now been surveyed and platted.
Enclosed is a Resolution of Intent to Dispose of the property by deed to Port of
Dubuque Adams Development, LLC.
I recommend that the resolution and deed be submitted to the City Council to be set for
public hearing.
Enclosure
cc: Dave Heiar, Economic Development Director
Brian Kane, Esq.
OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA
SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944
TELEPHONE (563) 583-4113 / FAx (563) 583-1040 / EMAIL balesq@cityofdubuque.org
Prepared by: Bany A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 58311113
Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
RESOLUTION NO. 253-07
RESOLUTION OF INTENT TO DISPOSE OF AN INTEREST IN REAL PROPERTY BY
DEED TO PORT OF DUBUQUE ADAMS DEVELOPMENT, L.L.C.
WHEREAS, the City of Dubuque, Iowa (City) is the owner of the following real
property (the Property):
Lot 2-2 in Adams Company's Fourth Addition in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, City and Port of Dubuque Adams Development, L.L.C. have entered into
a Development Agreement pursuant to which City will convey the Property to Port of
Dubuque Adams Development, L.L.C.; and
WHEREAS, the City Council has tentatively determined that it would be in the best
interests of City to approve the conveyance of the Property to Port of Dubuque Adams
Development Company, L.L.C., subject to the conditions of the Development Agreement.
NOW, THEREFORE,. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The City of Dubuque- intends to dispose of its interest in the foregoing-
described Property by Deed to Port of Dubuque Adams Development Company, L.L.C.
.Section 2. The City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
on the City's intent to dispose of the foregoing-described Property, to be held on the
21st day of P•9ay 2007, at 6:30 o'clock p.m. at the Carnegie Stout Public
Library auditorium, 11th & Locust, Dubuque, Iowa.
Passed, approved and adopted this 7thday of May, 2007.
Attest
Jeanne F. Schneider, CMC
City Clerk
Roy D uol, Mayor
Prepared by: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl 300 Main Street, Suite 330, Dubuque IA 52001 563 583-4113
Tax Statement to:
Port of Dubuque Adams Development, L.L.C.
c/o Wayne A. Briggs
137 Main Street, Suite 400
Dubuque IA 52002
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa,
a municipal corporation of the State of Iowa (Grantor), in consideration of the
Grantee named below undertaking the obligations of the Developer under the
Development Agreement described below and the sum of Three Hundred Sixty-
Six Thousand Three Hundred Eighty-Eight and no/100 Dollars ($366,388.00) in
hand paid, and other good and valuable consideration, and pursuant to the
authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL AND
CONVEY unto Port of Dubuque Adams Development, L.L.C., an Iowa limited
liability company (Grantee), the following described parcel(s) situated in the
County of Dubuque, State of Iowa, to wit (the Property):
Lot 2-2 in Adams Company's Fourth Addition in the City of Dubuque,
Iowa, according to the recorded plat thereof
This Deed is exempt from transfer tax pursuant to Iowa Code section
428A.2(6).
This Deed is given pursuant to the authority of Resolution No. 35-07 of the
City Council of the City of Dubuque adopted the 16t" day of January, 2007, the
terms and conditions thereof, if any, having been fulfilled.
This Deed is being delivered in fulfillment of Grantor's obligations under
and is subject to all the terms, provisions, covenants, conditions and restrictions
contained in that certain Development Agreement executed by Grantor and
Grantee herein, dated the 23~d day of January, 2007, (the Agreement), a
memorandum of which was recorded on the day of , 20_, in
the records of the Recorder of Dubuque County, Iowa, Instrument Number
Promptly after completion of the improvements in accordance with the
provisions of the Agreement, Grantor will furnish Grantee with a Certificate of
Completion in the form set forth in the Agreement. Such certification by Grantor
steal! be, and the certification itself shall so state, a conclusive determination of
satisfaction and termination of the agreements and covenants of the Agreement
and of this Deed with respect to the obligation of Grantee, and its successors and
assigns, to construct improvements and the dates for the beginning and
completion thereof, it being the intention of the parties that upon the granting and
filing of the Certificate of Completion that all restrictions and reservations of title
contained in this Deed be forever released and terminated and that any
remaining obligations of Grantee pursuant to the Agreement shall be personal
only.
All certifications provided for herein shall be in such form as will enable
them to be recorded with the County Recorder of Dubuque, Iowa. If Grantor
shall refuse or fail to provide any such certification in accordance with the
provisions of the Agreement and this Deed, Grantor shall, within twenty days
after written request by Grantee, provide Grantee with a written statement
indicating in adequate detail in what respects Grantee has failed to complete the
improvements in accordance with the provisions of the Agreement or is otherwise
in default, and what measures or acts will be necessary, in the opinion of
Grantor, for Grantee to take or perForm in order to obtain such certification.
In the event that an Event of Default occurs under the Agreement and
Grantee herein shall fail to cure such default within the period and in the manner
stated in the Agreement, then Grantor shall have the right to re-enter and take
possession of the Property and to terminate and revest in Grantor the estate
conveyed by this Deed to Grantee, its assigns and successors in interest, in
accordance with the terms of the Agreement.
None of the provisions of the Agreement shall be deemed merged in,
affected or impaired by this Deed.
Grantor hereby covenants to warrant and defend the said premises
against the lawful claims of all persons whomsoever claiming by, through and
under it.
Dated this of , 2007 at Dubuque, Iowa.
CITY OF DUBUQUE IOWA
Attest: By:
Roy D. Buol, Mayor
By:
Jeanne F. Schneider, City Clerk
STATE OF IOWA )
SS
COUNTY OF DUBUQUE )
On this day of , 2007, before me a Notary Public
in and for said County, personally appeared Roy D. Buol and Jeanne F.
Schneider to me personally known, who being duly sworn, did say that they are
the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal
Corporation, created and existing under the laws of the State of Iowa, and that
the seal affixed to the foregoing instrument is the seal of said Municipal
Corporation, and that said instrument was signed and sealed on behalf of said
Municipal Corporation by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipal Corporation by it voluntarily executed.
Notary Public in and for Dubuque County, Iowa