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Acceptance of Deed and Assignment of Lease for 2239 Univeristy, Fahey Family Partnership Copyright 2014 City of Dubuque Consent Items # 20. ITEM TITLE: Acceptance of Deed and Assignment of Lease for 2239 University- Fahey Family Limited Partnership / Rainbo Oil SUMMARY: City Manager acceptance of the deed for the property at 2239 University Avenue from the Fahey Family Limited Partnership and acceptance of a month-to-month lease for the Dog House parking lot. RESOLUTION Accepting the Deed to certain real estate in the City of Dubuque, Iowa and an Assignment of Lease from Fahey Family Limited Partnership SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Property Purchase from Fahey Family Limited City Manager Memo Partnership-MVM Memo Staff Memo Staff Memo Resolution Accepting Deed &Assignment Resolutions Warranty Deed Supporting Documentation Assignment of Lease Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of Property from Fahey Family Limited Partnership for Future Reconstruction of the University Avenue —Asbury Road Intersection DATE: May 11, 2016 On April 19, 2016, the City entered into an agreement with Fahey Family Limited Partnership to purchase the property located at 2239 University Avenue for future reconstruction of the University Avenue/Asbury Road Intersection. City Attorney Barry Lindahl recommends City Council acceptance of the deed for the property at 2239 University Avenue from the Fahey Family Limited Partnership and acceptance of a month-to-month lease for the Dog House parking lot. I concur with the recommendation and respectfully request Mayor and City Council approval. Micliael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager THE CITY OF DUB-�6 E MEMORANDUM Masterpiece on the Mississippi BARRY LINDAHL CITY ATTORNEY To: Michael C. Van Milligen City Manager DATE: May 11, 2016 RE: Purchase of Property from Fahey Family Limited Partnership for Future Reconstruction of the University Avenue —Asbury Road Intersection On April 19, 2016, the City entered into an agreement with Fahey Family Limited Partnership to purchase the property located at 2239 University Avenue. The City has now acquired the property. Attached is a resolution accepting the deed to the property. There is also a month-to-month lease of the Dog House parking lot which is being assigned to the City. The resolution accepts the assignment as well. I recommend that the resolution be submitted to the City Council for consideration and approval. BAL:tIs Attachment cc: Gus Psihoyos, City Engineer Bob Schiesl, Assistant City Engineer F:\USERS\tsteckle\Lindahl\Rainbo Oil-2239 University\MVM_ResolutionAcceptingDeed&Assignment_051116.doc OFFICE OF THE CITY ATTORNEY DUBUQUE, IOWA SUITE 330, HARBOR VIEW PLACE, 300 MAIN STREET DUBUQUE, IA 52001-6944 TELEPHONE (563)583-4113/FAX (563)583-1040/EMAIL balesq@cityofdubuque.org THE IOWA STATE BAR ASSOCIATION Ste hen J.Juer ens ISBA#000002728 FOR THE LEGAL EFFECT OF THE USE OF ffi Ocial Form No.165 P 9 THIS FORM,CONSULT YOUR LAWYER /damo /�l In(r natlon Stephen J.Juergens,200 Security Building,Dubuque,IA {319)55'6-4011 IndMdual's Name Sweet Address City Phone SPACE ABOVE THIS LINE FOR RECORDER LEAS E-B USI NESS..PROPERTY - SHORT FORM THIS AGREEMENT,made and entered into this 20th day of March 2000 by and between Transport Sales Co.,an Iowa corporation, ("Landlord"),whose address,for the purpose of this lease,is: 2255 Kerper Boulevard,Dubuque,Iowa 52001 (Street and Number) (CRY) (Slate) (Zip Code) 1 and Dog Gone,Inc.,an Iowa corporation, ("Tenant"),whose address far the purpose of this lease is: 1646 Asbury Road,Dubuque,Iowa 52001 ' (Streeland Numbe9 (City) (State) (Zip Code) The parties agree as follows: 1. PREMISES AND TERM. Landlord leases to Tenant the following real estate,situated in Dubuque County, Iowa: Approximately 60 feet of the westerly part of Lot 2 in the Finley Addition to City of Dubuque. This starts at fence line and continues to the end of Lot 2 in Finley Addition. together with all improvements thereon,and all rights,easements and appurtenances thereto belonging,for a term beginning on the 1st day of July 2000 ,and ending on the 30th day of June , 2001 upon the condition that Tenant performs as provided in this lease.provided,however,that this Lease shall automatically continue from year to year thereafter unless either party gives written notice to'the other party not less than 60 days prior to the next lease termin�tiWENTYeTenatnt a ees to oa to to nate this Lease. 350.00 g Pay Lando d as rent$ per month,in advance commencing on.the 1St day of July 1 2000 and on the 1st day of each month thereafter,during the term of this lease. Rent for any partial month shall be'lproral d as additional rent Tenant shall also pay: 100%of the real estate taxes which would become delinquent if not paid during the term of this Lease. All sums shall be paid at the address of Landlord,or at such other place as Landlord may designate In writing.Delinquent payments shall draw interest at 18%per annum. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the lease term,and shall yield possession to Landlord at the termination of this lease. SHOULD LANDLORD BE UNABLE TO GIVE POSSESSION ON SAID DATE,TENANTS ONLY DAMAGES SHALL BE A PRO RATA ABATEMENT OF RENT. 4. USE. Tenant shall use the premises only for parkins;lot 5. TARE AND MAINTENANCE. (a)Tenant takes the premises as is,except as herein provided. THE IOWA STATE BAR ASSOCIATION Stephen J.Juer FOR THE LEGAL EFFECT OF THE USE OF Official Form No.165 P gens ISBA#000002728 THIS FORM,CONSULT YOUR LAWYER Preparer Ste hen J.Juer ens,200 Security Building,Dubuque,IA, 319)556AOI I Information Individual's Name Street Address City Phone SPACE ABOVE THIS UNE T�lr. FOR RECORDER LEASE-BUSINESS PROPERTY - SHORT FORM } �eI AS THIS AGREEMENT,made and entered into this 20th day of March 2000 by and behveen Transport Sales Co.,an Iowa:orporatio ("Landlord'),whose address,for the purpose Of this lease,is: 2255 Kerper Boulevard,Dubuque,Iowa 52001 (Street and Number) (City) (Slate) (Zi,Code) , and nog Gone,Inc.,an Iowa corporation ("Tenant"),whose address for the purpose of this lease is: 1646 Asbury Road,Dubuque Iowa 52001 (Street and Number) (Oty) (Stale) (Zip Catle} The parties agree as follows: 1. PREMISES AND TERM. Landlord leases to Tenant the following real estate,situated in Dubuque County,Iowa: Approximately 60 feet of the westerly part of Lot 2 in the Finley Addition to City of Dubuque. This starts at fence line and continues to the end of Lot 2 in Finley Addition. together with all improvements thereon,and all rights,easements and appurtenances thereto belonging,for a term beginning on the ISt day of July —, 2000 ,and ending on the 30th day of June , 2001 upon the condition that Tenant performs as provided in this lease.provided,however,that this Lease shall automatically continue from year to year thereafter unless either party gives written notice to,the other party not less than 60 days prior to the next lease tcrminado {ate of their intention to tenninate this Lease. 2. RtJT.Tenant agrees to pay Landlord as rents 350.00 per month,in advance commencing on the 1st day of July 2000 and on the 1st day of each month thereafter,during the term of this lease. Rent for any partial month shall be prorated as additional rent Tenant shall also pay: 100%of the real estate taxes which would become delinquent if not paid during the term of this Lease. All sums shall be paid at the address of Landlord,or at such other place as Landlord may designate in writing.Delinquent payments shall draw interest at 18 %per annum. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the lease term,and shall yield possession to Landlord at the termination of this lease. SHOULD LANDLORD BE UNABLE TO GIVE POSSESSION ON SAID DATE,TENANTS ONLY DAMAGES SHALL BE A PRO RATA ABATEMENT OF RENT. 4. USE. Tenant shall use the premises only for parking lot 5. CARE AND MAINTENANCE (a)Tenant takes the premises a0s,except as herein provided. (bl shall,keep ihe,.fn_IlowmQ_3n,_Qgod lepztc{sLrika in=_pp!icable-xvords)(Fee�,-e;deria,_ lei( a raRsvy Ssc {pe t�ir (parking area)(44yewayeHeirdewelke).(extefie— (iolpdoc_decorating)� �n5(erd-s+raN�tet-fie-Beale-foF-#ailare-te-rtlake-eRy�fepeirs�teplaeementst+mess-Landferd-fails-to-da•9o-wigrrra-re;e;sonattte-(ime-af(er written 3104icrirom ie1 ant. (c)Tenant shall maintain the premises in a reasonable safe,serviceable,clean and presentable condition,and-except-for-therepairs and feplammenisprawded to-He+trade by`Larrdtsrd in svbParagreptr(f�above,shall make all repairs,replacements and improvements to the premises, INCLUDING ALL CHANGES,ALTERATIONS OR ADDITIONS ORDERED BY ANY LAWFULLY CONSTITUTED GOVERNMENT AUTHORITY DIRECTLY RELATED TO TENANTS USE OF THE PREMISES.Tenant shall make no structural changes or alterations without the prior written consent of Landlord. Unless otherwise provided,and if the premises included the ground floor, Tenant agrees to remove all snow and ice and other obstructions from the sidewalk on or abutting the premises. ©The Iowa State Barmsoriauo IOWADOCSI 1/99 165 LEASE-BUSINESS PROPERTY-SHORT FORM Revised January.1999 i 8. UTILITIES AND SERVICES. Tenant shall pay for all utilities and services which may be used on the premises,except the following to be furnished by Landlord: None Landlord shall not be liable for damages for failure to perform as herein provided,or for any stoppage for needed repairs or for improvements or arising from causes beyond the control of Landlord,provided Landlord uses reasonable diligence to resume such services. 7. SURRENDER. Upon the termination of this lease,Tenant will surrender the premises to Landlord in good and clean condition, except for ordinary wear and tear or damage without fault or liability of Tenant- Continued possession,beyond the term of this Lease and the acceptance of rent by Landlord shall constitute a month-to-month extension of this lease. 8. ASSIGNMENTAND SUBLETTING. No assignment or subletting,either voluntary or by operation of law,shall be effective without the prior written consent of Landlord,which consent shall not unreasonably bewithheld. 9. INSURANCE. A.PROPERTY INSURANCE. Landlord and Tenant agree to insure their respective real and personal property for the full insurable value. Such insurance shall cover losses included in the Insurance Services Office Broad Form Causes of Loss(formerly fire and extended coverage). To the extent permitted by their policies the Landlord and Tenant valve all rights of recovery against each other. B.LIABILITY INSURANCE.Teoallt shall obtain commercial general Lability insurance in the amounts of$300,000.00 each occurrence and$300,000.00 annual aggregate per location. This policy shall be endorsed to Include the Landlord as an additional insured. 10. LIABILITY FOR DAMAGE. Each party shalt be liable to the other for all damage to the property of the other negligently, recklessly or intentionally caused by that party(or their agents,employees or invitees),except to the extent the loss is insured and subrogation is waived under the owner's policy. 11. INDEMNITY. Except for the negligence of Landlord,Tenant will protect,defend,and indemnify Landlord from and against any and all loss,costs,damage and expenses occasioned by,or arising out of,any accident or other occurrence causing or infiictinq injury or damage to any person or property,happening or done in, upon or about the premises,or due directly ar indirectly to the tenancy,use or occupancy thereof,or any part thereof by Tenant or any person claiming through or under Tenant. 12. DAMAGE. In the event of damage to the premises,so that Tenant is unable to conduct business on the premises,this lease may be terminated at the option of either party.Such terminalicr,shall be at'acted by notice.of one party to the Other within twenty days after such notice;and both parties shall thereafter be released from all future obligations hereunder. 13.MECHANICS'LIENS. Neither Tenant,nor anyone claiming by,through,or under Tenant,shall have the right to file any mechanic's lien against the premises. Tenant shall give notice in advance to at-contractors and subcontractors who may furnish,or agree to furnish, any material,service or labor for any improvement on the premises. 14.DEFAULT,NOTICE OF DEFAULTAND REMEDIES. EVENTS OF DEFAULT A.Each of the following shall constitute an event of default by Tenant(1)Failure to:pay rent when due; (2)failure to observe or perform any duties,obligations,agreements,or conditions imposed on Tenant pursuant to the terms of the lease; (3)abandonment of the premises. "Abandonment"means the Tenant has failed to engage in its usual and customary business activitieson the premises for more than fifteen(15)consecutive business days;(4)institution of voluntary bankruptcy proceedings by Tenant;institution of involuntary bankruptcy proceedings in which the Tenant thereafter is adjudged a bankruptcy;assignment for the benefit of creditors of the interest of Tenant under this lease agreement;appointment of a receiver for the property or affairs of Tenant,where the receivership is not vacated within ten(10)days after the appointment of the receiver. NQTICE OF DEFAULT B.Landlord shall give Tenant a written notice specifying the default and giving the Tenant ten(10)days in which to correct the default, If there is a default(other than for nonpayment of a monetary obligation of Tenant,including rent)that cannot be remedied in ten (10)days by diligent efforts of the Tenant,Tenant shall propose an additional period of time In which to remedy the default. Consent to additional time shall not be unreasonably withheld by Landlord. Landlord shall not be required to give Tenant any more than three notices for the same default within any 365 day period. REMEDIES C.In the event Tenant has not remedied a default in a timely manner following a Notice of Default,Landlord may proceed with all available remedies at law or in equity,including but not limited to the following:(1)Termination. Landlord may declare this lease to be terminated and shall give Tenant a written notice of such termination. In the event of termination of this lease,Landlord shall be entitled to Prove claim for and obtain judgment against Tenant for the balance of the rent agreed to be paid for the term herein provided,plus all expenses of Landlord in regaining possession of the premises and the reletting thereof,including attorneys fees and court costs,crediting against such claim,however,any amount.obtained by reason of such retelling; (2)Forfeiture. If a default is not remedied in a timely manner,Landlord may then declare this lease to be forfeited and shall give Tenant a written notice of such forfeiture,and may,at the time,give Tenant the notice to quit provided for in Chapter 648 of the Code of Iowa. 15. SIGNS. Landlord,during the last ninety days of this lease,shall have the right to maintain an the premises either or both a'For Rent"or'For Sale"sign. Tenant will permit prospective tenants or buyers to enter and examine the premises 16. NOTICES AND DEMANDS. All notices shall be given to the parties hereto at the addresses designated unless either party notifies the other,in writing,of a different address.Without prejudice to an other method of notifying a P 1 Y ty' g party in writing or making a demand or other communication,such notice shall be considered given under the terms of this lease when it is deposited in the O.S. Mail,registered or certified,properly addressed,retuni receipt requested;acid postage prepaid. 17.PROVISIONS BINDING. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors,heirs,administrators,executors and assigns of the parties hereto. 18. ADDITIONAL PROVISIONS. NONE LANDLORD TRANSPORT SALES CO. TENANT DOG GONE, INC. 01 B : y By: Paul M. Fdkiey, Vresident Sheri L. Leytem, P sident Transport Sales Company P.O.Box 768 Dubuque,IA 52004-0768 563.582.7291 COPY May 15,2011 Dog Gone,Inc. Sherri Leytem-President 1646 Asbury Road Dubuque,lA 52001 Sherri: Reviewing our upcoming auto renewal on our agreement pertaining to the lease we at 1646 Asbury Road,currently parking for the Dog House,we are notifying that you going forward our lease agreement will be"month to month"rather than"year to year". This decision comes with the uncertainty of the road and property decisions pertaining to the Corner of University and Asbury. Negotiations with the city have been less than certain,regarding their intent for the future of this intersection and the acquisition needs of properties along the way. Although we believe the development and vision for this corner is futuristic and our relationship should remain unchanged,should something unforeseen develop in our building needs we want to be respectful of the relationship we have had as neighbors,landlord and business partners. Please feel free to contact us at anytime to discuss any concerns or details of this letter. Know that Bob and your entire family have been in our prayers,should there be anything we can offer other than our prayers please,do not hesitate to call! Respectfully Sent, SECTION - COMPLFTE THIS DEUVERY SENDER:COMPLETE THIS SECTfON Jill A.Reimer L qo�pleteAi —ffg i 2 and 3 Also complete A ignatur Vice President of Operations -nem 4 d Restricted DeFK669 is:desirecL ❑Agent m Print your name and atldress orrthe"reverse ` ❑Addressee RalnboOil Companyso that we can return the card to you - :-Received by Pnt Name) c.Date ofDerrvery ■Attache this card to the back of the mailpiece;` fin or on the front if spa ce permits: - D.Is delive address different from item 14 ❑Yes 1.Article Addressed to: if YES,enter delivery address belOw.. 5_ CC:tenant file �. . CI.Jj �i"\b 3.-Service Type - Certified Mail ❑Express Mail fi Registered- -9 Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. . . 4. Restricted DeliveV(Extra Fee) Q Yes 2.Article Number - 7004 1160 0 1.004 9978 4088 piansferfrom service fabev -- -,--_401 i C.J.n—,onm nh ,tic Return-Recei6t 102595-02•Y��SC( S"TATS, • o AFFIDAVIT OF POSSESSION THE IOWA STATE BAR ASSOCIATION Official Form No. 154 Recorder's Cover Sheet 11 11 11 11 111 111 11 11 11 11 11 Doc ID 008437530002 Type GEN Kind: AFFIDAVIT OF POSSESSION Recorded: 05/18/2016 at 02:41:13 PM Fee Amt: $12.00 Pape 1 of 2 Dubuque County Iowa John Murphy Recorder F11e2016-00005793 Preparer Information: (Name, address and phone number) Brad J. Heying, 2100 Asbury Road, Suite 2, Dubuque, IA 52001, Phone: (563) 582-7980 Taxpayer Information: (Name and complete address) City of Dubuque, City Hall, 50 W. 13th Street, Dubuque, IA 52001 Return Document To: (Naive and complete address) Brad J. Heying, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 Grantors: Grantees: Paul M. Fahey Fahey Family Limited Partnership Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2016 10WADOCS® Qlif } AFFIDAVIT OF POSSESSION p u b.. `rCl Ail. TO WHOM IT MAY CONCERN: STATE OF IOWA, COUNTY OF DUBUQUE , ss: The Undersigned first being duly sworn (affirmed) upon oath deposes and states: That Fahey Family Limited Partnership are now the record titleholders of the following described real estate situated in Dubuque County, to -wit: 1) The Northwesterly 25 feet of Lot 2 in Finley's Addition to the City of Dubuque, Iowa according to the recorded Plat thereof, 2) Lot 1 of lot 1, Lot 2 of lot 1, and, the southeasterly 41 feet of lot 2, all in Finley's Addition, in the City of Dubuque, Iowa, according to the respective recorded Plats thereof, 3) Lot 1, Lot 1 of Lot 2, Lot 2 of Lot 2, Lot 1 of Lot 3, Lot 2 of Lot 3, and Lot 4, all of Mineral Lot 170, in the City of Dubuque, Iowa, according to the recorded Plats thereof, subject to easements and restrictions of record. Except for that certain lease with Dog Gone, Inc. related to Lot 2 of Finley's addition, that xriiM said Fahey Family Limited Partnership are now in complete actual and sole possession of all of said real estate except as may be herein stated. That this affidavit is made from the personal knowledge of the undersigned who is familiar with said real estate, its titleholders, and its parties in possession; and is for the purpose of confirming title to the above described real estate under the provisions of Sections 614.17 and 614.17A, Code of Iowa, and other statutes relative thereto. Dated on m oi /L, a- ®/ Pa ---g/#7 Paul M. F -ah , Affiant Signed and sworn to (or affirmed) before me on i//`27 /d a//6 , by Paul M. Fahey, isRAD 3. Helnrrc� commbeion limb. 703600 UN COMMON Nr� .so» . e of Notary Pub lc) © The Iowa State Bar Association 2016 Form No. 154, Affidavit of Possession IowaDocs© Revised January 2016 d, WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) • THE IOWA STATE BAR ASSOCIATION Official Form No. 335 Recorder's Cover Sheet IIII II I11111111 IIII IIIIIII 1111111111111111 Doc ID: 008437540006 Type: GEN Kind: DEED WITH RESOLUTION Recorded: 05/18/2016 at 02:42:15 PM Fee Amt: $1,391.60 Page 1 of 6 Revenue Tax: $1,349.60 Dubuque County Iowa John Murphy Recorder File2016-00005794 Preparer Information: (Name, address and phone number) Brad J. Heying, 2100 Asbury Road, Suite 2, Dubuque, IA 52001, (563) 582-7980 Taxpayer Information: (Name and complete address) City o Dubuque, City Hall, 50 W. 13th Street, Dubuque, IA 52001 Return Document To: (Name and complete address) Brad J. Heying, 2100 Asbury Road, Suite 2, Dubuque, IA 52001 Grantors: Grantees: Fahey Family Limited Partnership City of Dubuque Legal description: Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2016 tO WADOCS® \00° ` L° @ C,W1ChiiL WARRANTY DEED (CORPORATE/BUSINESS ENTITY GRANTOR) For the consideration of Ten ($10.00) Dollar(s) and other valuable consideration, Fahey Family Limited Partnership , a(n) limited partnership organized and existing under the laws of Iowa does hereby Convey to City of Dubuque the following described real estate in Dubuque County, Iowa: 1) The Northwesterly 25 feet of Lot 2 in Finley's Addition to the City of Dubuque, Iowa according to the recorded Plat thereof, 2) Lot 1 of lot 1, Lot 2 of lot 1, and, the southeasterly 41 feet of lot 2, all in Finley's Addition, in the City of Dubuque, Iowa, according to the respective recorded Plats thereof, 3) Lot 1, Lot 1 of Lot 2, Lot 2 of Lot 2, Lot 1 of Lot 3, Lot 2 of Lot 3, and Lot 4, all of Mineral Lot 170, in the City of Dubuque, Iowa, according to the recorded Plats thereof, subject to easements and restrictions of record. The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has 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 it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural nuI� ber, according to the context. Dated on '/rlaLI /0� ';o/`o Fahey Family Limited Partnership , a(n) limited partnership By Paul M. Fahey By STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me on --man /0 .0 1 b , by Paul M. Fahey as Managing Partner of Fahey Family Limited Partnership ADSignature of Notary Pub c © The Iowa State Bar Association 2016 IowaDocs® Form No. 335, Warranty Deed - Corporation/Business Entity Grantor Revised April 2016 ASSIGNMENT OF LEASE This Assignment of Lease ("Assignment") is made and entered into this 1 1th day of May, 2016 by and between FAHEY FAMILY LIMITED PARTNERSHIP (successor -in -interest to Transport Sales Co.) ("Assignor"); and the City of Dubuque, Iowa ("Assignee"). RECITALS A. Assignor is the Landlord under that certain Lease attached hereto and by this reference made a part hereof (the "Lease"); B. Assignor desires to assign the Lease to Assignee, and Assignee hereby accepts such assignment; C. The parties desire to reduce their Agreement to writing. THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree upon the following mutual terms and conditions: 1. Assignment of Lease. Assignor hereby assigns all of its interest in the attached Lease to Assignee. Assignee hereby accepts such assignment of the Lease. 2. Estoppel. Assignor, as Landlord pursuant to the Lease, by execution of this Assignment, provides that there is no default or breach under the Lease with respect to its performance thereunder. 3. Miscellaneous. The parties agree that this Assignment shall be binding upon the parties hereto and their respective successors in interest and permitted assignees. This Assignment shall be governed by and construed in accordance with the laws of the State of Iowa. No amendment or changes to this Assignment shall be effective unless such amendment or change is in writing and is signed by all of the parties hereto. IN WITNESS WHEREOF, the parties have signed this Assignment effective as of the date and year first above written. FAHEY FAMILY LIMITED PARTNERSHIP By: THE CITY 0210 By: 1 /U QUE, I A c _ �n-1 Prepared by Barry A. Lindahl 300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 RESOLUTION NO. 188-16 ACCEPTING THE DEED TO CERTAIN REAL ESTATE IN THE CITY OF DUBUQUE, IOWA AND AN ASSIGNMENT OF LEASE FROM FAHEY FAMILY LIMITED PARTNERSHIP WHEREAS, the City of Dubuque (City) entered into an Agreement on April 19, 2016, with Fahey Family Limited Partnership for the purchase of the following described real property in Dubuque County, Iowa: 1) The Northwesterly 25 feet of Lot 2 in Finley's Addition to the City of Dubuque, Iowa according to the recorded Plat thereof, 2) Lot 1 of lot 1, Lot 2 of lot 1, and, the southeasterly 41 feet of lot 2, all in Finley's Addition, in the City of Dubuque, Iowa, according to the respective recorded Plats thereof, 3) Lot 1, Lot 1 of Lot 2, Lot 2 of Lot 2, Lot 1 of Lot 3, Lot 2 of Lot 3, and Lot 4, all of Mineral Lot 170, in the City of Dubuque, Iowa, according to the recorded Plats thereof, subject to easements and restrictions of record. Locally known as 2239 University Avenue; WHEREAS, the terms of the Agreement have now been met; and WHEREAS, the property is subject to a short-term lease for a parking lot which is being assigned to City, subject to City's acceptance of the assignment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, AS FOLLOWS: Section 1. The City of Dubuque hereby accepts the Warranty Deed from Fahey Family Limited Partnership attached hereto and the Assignment of Lease. 051116ba1 Section 2. The City Clerk is hereby authorized and directed to record this Resolution and the Warranty Deed with the Dubuque County Recorder. Passed, approved and adopted this 16th day of ay, 2016. Roy Attest: Kevin ` . Firnstahl, City ` y erk Buol, Mayor F:\USERS\tsteckle\Lindahl\Rainbo oil - 2239 University\ResolutionAcceptingDeed&Assignment_051116.doc 2 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. 188-16 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 17th day of May, 2016. Kevi�i FirnstahI, C rC, City Clerk Y u 11 lll iii 11 11 11 Doc ID. 008437550003 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 05/18/2016 at 02:42:32 PM Fee Amt: $0.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder F11e2016-00000744 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Fahey Family Limited Partnership Address 2255 Kerper Boulevard, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque Address City Hall, 50 W. 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 2239 University, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) See 1 in Addendum 1. Wells (check one) _ There are no known wells situated on this property. X 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. X 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) 201Q— 579L 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) All buildings on this property are served by a public or semi-public sewage disposal system. X 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: IDNR Registration No. 198810784 and LUST No. 7LTV03; property received Certificate of No Further Action; there were monitoring wells on the premises that were capped pursuant to above NFA procedure. I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. FILE WITH RECORDER t',-4cr Telephone No.: 53 g$o) - 7.) 1( DNR form 542-0960 (July 18, 2012) Addendum 1. 1) The Northwesterly 25 feet of Lot 2 in Finley's Addition to the City of Dubuque, Iowa according to the recorded Plat thereof, 2) Lot 1 of lot 1, Lot 2 of lot 1, and, the southeasterly 41 feet of lot 2, all in Finley's Addition, in the City of Dubuque, Iowa, according to the respective recorded Plats thereof, 3) Lot 1, Lot 1 of Lot 2, Lot 2 of Lot 2, Lot 1 of Lot 3, Lot 2 of Lot 3, and Lot 4, all of Mineral Lot 170, in the City of Dubuque, Iowa, according to the recorded Plats thereof, subject to easements and restrictions of record.