Amending Purchase Agreement for 411 East 15th Street_Bee Branch Creek Restoration Project_Blum Copyright 2014
City of Dubuque Consent Items # 9.
ITEM TITLE: Bee Branch Creek Restoration Project-Acquisition of 411
E. 15th Street
SUMMARY: City Manager recommending approval to amend the
purchase agreement for the acquisition of 411 E. 15th
Street to reflect the sharing of costs associated with the
environmental cleanup required for the City's intended use
of the property.
RESOLUTION Amending the Purchase Agreement for the
Acquisition of real estate owned by Blum Properties, Inc. in
the City of Dubuque and authorizing application for U.S.
EPA Brownfield Cleanup Grant Funding for the real estate
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Acquisition of 411 E. 15th Street-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Purchase Agreement First Amendment Supporting Documentation
Executed Purchase Agreement Supporting Documentation
Mayor's Cover Letter to EPA Supporting Documentation
THE CITY OF Dubuque
DUB E i"
Masterpiece on the Mississippi 2007.2012.2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Creek Restoration Project, Acquisition of 411 E. 15th Street
(CIP #3402609)
DATE: December 14, 2016
City Engineer Gus Psihoyos recommends City Council approval to amend the purchase
agreement for the acquisition of 411 E. 15th Street to reflect the sharing of costs
associated with the environmental cleanup required for the City's intended use of the
property. The seller has agreed to a reduced purchase price of $100,000 if the City
places $400,000 in a designated account that would be utilized to help cover cleanup
costs. Any funds remaining in the account after completing the cleanup will be paid to
the seller. The City would agree to apply for U.S. EPA Brownfields Cleanup Grant
funding.
Mr. Blum has agreed to the following terms:
1) The City will pay Mr. Blum $100,000 for the real estate at 411 East 15th Street,
Dubuque, Iowa, versus the previously agreed upon price of $500,000;
2) The City will apply for U.S. EPA Brownfields Cleanup Grants in 2016 and in 2017
in an attempt to secure federal funding assistance to perform the environmental
cleanup required for the City's use of the property. The City was successful in
securing $200,000 in U.S. EPA Brownfields Cleanup Grant funding for 501 E.
15th Street purchased from Mr. Blum in 2015 and is optimistic a similar grant will
be awarded for 411 E. 15th Street;
3) The City will hold $400,000, previously intended for Mr. Blum, in a designated
account. The funds will be drawn by the City to pay for up to 50% of the cost of
environmental cleanup activities required, $300,000 unrelated to the buildings
and $100,000 related to the buildings, but only after any and all state or federal
grant funds secured by the City specifically for environmental cleanup activities
are exhausted. If there is a balance remaining in the designated account upon
the issuance of a No Further Action Certificate from the Iowa Department of
Natural Resources the balance will be paid to Mr. Blum. Regardless of the status
of cleanup activities, any remaining balance on October 1 , 2020 will be paid to
Mr. Blum;
4) The closing/sale of the property would occur by December 21 , 2016. The
deadline to apply for U.S. EPA Brownfields Cleanup Grants in 2016 is
December 22, 2016;
5) All Mr. Blum's personal property and inventory will be removed by July 1 , 2017;
and
6) The City would take possession of the property by July 1 , 2017.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
1 IAt
Mic ael C. Van Milligen '
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
2
THE CF
Dubuque
D�Uj- B E AH-AmedcaC
1 11111.1
Masterpiece on the Mississippi 2007•2012-2013
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: December 14, 2016
SUBJECT: Bee Branch Creek Restoration Project, Acquisition of 411 E. 15th Street
(CIP#3402609)
INTRODUCTION
The purpose of this memorandum is to request approval to amend the purchase
agreement for the acquisition of 411 E. 15th Street to reflect the sharing of costs
associated with the environmental cleanup required for the City's intended use of the
property. The seller has agreed to a reduced purchase price if the City places funds in a
designated account that would be utilized to help cover cleanup costs. Any funds
remaining in the account after completing the cleanup will be paid to the seller. The City
would agree to apply for U.S. EPA Brownfields Cleanup Grant funding.
BACKGROUND
In 2011, Preston Engineering, Inc. (Preston) was retained to conduct a Phase I
Environmental Site Assessment (Phase I ESA) at 411 East 15th Street in Dubuque,
Dubuque County, Iowa (the Property). The Phase I ESA was performed in conformance
with the scope and limitations of ASTM Practice E 1527-05. The ESA revealed evidence of
"the presence or likely presence of hazardous substances or petroleum products on the
Property under conditions that indicate an existing release, a past release or a material
threat of a release of hazardous substances or petroleum products into structures on the
subject site or into the ground, groundwater or surface water of the Property." Based on the
Phase I ESA, a further investigation is necessary to quantify the actual extent and
concentration of any contamination on the Property. Of concern are the former tannery
area, the area with lead spoil, and a buried underground storage tank. A Phase II site
investigation would verify if contamination is located on the Property, and what, if any,
cleanup activities would be required.
In 2011, Preston Engineering, Inc. (Preston) was retained to conduct a Phase 11
Environmental Site Assessment (Phase II ESA) at the Property. In summary, the Phase II
ESA identified "fairly widespread contamination by oil and lead on the property in excess of
the statewide standards. This does not indicate a regulatory exceedance, but it provides an
indication' of the areas of concern. Depending on the future use of the property, areas of
concern might need to be remediated." The composite sampling provides an indication as to
the areas and extent of contamination. The Phase 11 ESA also indicated that "additional
sampling at specific areas of concern would provide a more definitive analysis of the types
and extent of contamination."
In February of 2014, the City Council adopted Resolution 31-14, authorizing the execution
of an agreement with the Iowa Flood Mitigation Board necessary for the City's receipt of
$98,494,178.00 in sales tax increment funds for the Bee Branch Watershed Project. Per the
agreement, the City must construct the Flood Mitigation Maintenance Facility(Phase 9 of
the Bee Branch Watershed Flood Mitigation Project).
In June of 2014, the City Council adopted Resolution 172-14, approving the acquisition of
411 E. 15th Street for $500,000.00. The City's interest in 411 E. 15th Street is related to the
City's desire to establish the Flood Mitigation Maintenance Facility.
In June of 2016, utilizing funding through an EPA Brownfields Assessment Grant, HR Green
completed a Phase I ESA of the Property. In contrast to the 2011 ESA's which were
concentrated on recognized environmental conditions (RECs) associated with the soil and
groundwater, the 2016 ESAs identified RECs associated with the buildings and contents
therein such as "several 76-pound steel flask shipping containers of liquid
mercury in the first-floor office space of the main building . . . (that) were
heavily corroded . . . batteries, transformers, motors, and other automobile parts
stored in multiple locations on the subject property with associated staining on
the ground. . . . (and) hydraulic machinery that may contain PCBs (no "PCB-Free"
labels were visible) with associated staining on the subject property."
In October of 2016, again utilizing funding through an EPA Brownfields Assessment Grant,
HR Green completed a Phase II ESA of the Property. While the 2011 and 2016 ESA's both
report on the presence of petroleum/waste oil and metal related pollutants, the 2016 ESA
indicated the presence of Polychlorinated Biphenyl (PCBs). As a result, the 2016 Phase II
ESA performed a Cumulative Risk Evaluation determining that the cumulative cancer risk
for a site resident and a site worker and non-cancer risk for a site resident, site worker, and
construction worker are unacceptable. In other words, there is a cancer risk for the
employees of the scrap metal and industrial reclamation business currently operating at the
Property. And there are potential non-cancer related health risks to anyone who would
routinely enter onto the property.
DISCUSSION
Ultimately, the cleanup cost depends on the method used to address the environmental
issues. The soil is contaminated and poses a health risk to anyone who routinely uses the
site. Eliminating the possibility of exposure is how to address the issues. This can be done
in two ways: cap the material in place to create a protective barrier or remove the soil and
dispose of it at the landfill. If the City is able to avoid hauling the material to the landfill, the
estimated environmental cleanup cost is $500,000. If the City was forced to removal all of
the soil, the estimated environmental cleanup cost is $1,000,000. Based on a recent
conversation with the Iowa Department of Natural Resources (IDNR), capping the material
in place would be allowed as a prerequisite for the issuance of a No Further Action
Certificate from the IDNR. Therefore, the current estimated environmental cleanup cost is
$500,000. Based on the 2011 environmental assessment, the estimated cleanup cost was
2
REQUESTED ACTION
I respectfully request adoption of the attached resolution amending the purchase
agreement for 411 E. 15th Street and authorizing the City's application for U. S. EPA
Brownfields Cleanup Grant funding in 2016 and 2017.
Attach.
Prepared by Deron Muehring
Cc: Crenna Brumwell, City Attorney
Barry Lindahl, Senior Counsel
Steve Brown, Project Manager
Deron Muehring, Civil Engineer II
4
$100,000. Due to the increase, the City approached the owner, Blum Properties, Inc. (Mr.
Alvin Blum), seeking a partner to help address environmental cleanup costs.
Mr. Blum has agreed to the following terms:
1) The City will pay Mr. Blum $100,000 for the real estate at 411 East 15th Street,
Dubuque, IA versus the previously agreed upon price of$500,000;
2) The City will apply for U.S. EPA Brownfields Cleanup Grants in 2016 and in 2017
in an attempt to secure federal funding assistance to perform the environmental
cleanup required for the City's use of the property. The City was successful in
securing $200,000 in U.S. EPA Brownfields Cleanup Grant funding for 501 E.
15th Street purchased from Mr. Blum in 2015 and is optimistic a similar grant will
be awarded for 411 E. 15th Street;
3) The City will hold $400,000, previously intended for Mr. Blum, in a designated
account. The funds will be drawn by the City to pay for up to 50% of the cost of
environmental cleanup activities required, $300,000 unrelated to the buildings
and $100,000 related to the buildings, but only after any and all state or federal
grant funds secured by the City specifically for environmental cleanup activities
are exhausted. If there is a balance remaining in the designated account upon
the issuance of a No Further Action Certificate from the Iowa Department of
Natural Resources the balance will be paid to Mr. Blum. Regardless of the status
of cleanup activities, any remaining balance on October 1, 2020 will be paid to
Mr. Blum.
4) The closing/sale of the property would occur by December 21, 2016. The
deadline to apply for U.S. EPA Brownfields Cleanup Grants in 2016 is December
22, 2016;
5) All Mr. Blum's personal property and inventory will be removed by July 1, 2017;
and
6) The City would take possession of the property by July 1, 2017.
RECOMMENDATION
I recommend that the City proceed with the acquisition of 411 E. 15th Street per the
terms of the First Amendment to the Purchase Agreement with the owner Mr. Blum and
that the City apply for U.S. EPA Brownfields Cleanup Grant funding in order to secure
private (Mr. Blum) and public funds (U.S. EPA) to be utilized by the City to clean up the
property for the City's intended use.
BUDGETIMPACT
The proposed amendment will result in up to an additional $400,000 from the owner of
411 E. 15th Street for the City's use to perform the environmental cleanup activities
required for the City's intended use of the property. In addition, the City's application for
U.S. EPA Brownfields Cleanup Grant funding could provide up to an additional
$200,000 in 2017 and $400,000 in 2018 to perform the environmental cleanup activities.
3
RESOLUTION NO. 416-16
RESOLUTION AMENDING THE PURCHASE AGREEMENT FOR THE ACQUISITION
OF REAL ESTATE OWNED BY BLUM PROPERTIES, INC. IN THE CITY OF
DUBUQUE AND AUTHORIZING APPLICATION FOR U.S. EPA BROWNDFIELDS
CLEANUP GRANT FUNDING FOR THE REAL ESTATE
Whereas, the City of Dubuque intends to acquire certain properties located in the
area of the Bee Branch Creek Restoration Project for stormwater mitigation activities
as recommended in the "Drainage Basin Master Plan;"
Whereas, it was determined that property owned by Blum Properties, Inc. (Blum) at
411 E. 15th Street (the Property) would provide the needed space to construct the Bee
Branch Watershed Flood Mitigation Maintenance Facility;
Whereas, an environmental assessment was performed at the Property finding
contamination by oil and lead on the Property that provided an indication of the areas of
concern that, due to the City's proposed use of the property, would require
environmental cleanup;
Whereas, a purchase agreement was finalized with the Blum Properties, Inc.,
owner of the Property described as Lots 182, 182A, 183, 184, 185, 186, West 65' of
Lots 217, 218, 219, 220, & 221, and East 35' of Lots 217, 218, 219, 220, & 221 all in
East Dubuque Addition, in the City of Dubuque, Dubuque County, Iowa;
Whereas, the City Council passed Resolution 172-14 approving the acquisition of the
Property for the Bee Branch Creek Restoration Project;
Whereas, per the terms of the Total Acquisition Agreement (Purchase Agreement)
the City will pay $500,000 for the Property;
Whereas, a subsequent environmental assessment performed in 2016 confirmed the
presence of petroleum/waste oil and metal related pollutants, it also reported the
presence of Polychlorinated Biphenyl (PCBs) and health risks to anyone who routinely
enters the property;
Whereas, the additional environmental issues will require additional environmental
cleanup costs;
Whereas, Blum Properties, Inc. has agreed to amending the terms of the Total
Acquisition Agreement (Purchase Agreement) reducing the purchase price to $100,000
with $400,000 to be held by the City in a designated account to be drawn by the City to
pay for 50% of the environmental cleanup costs after any and all state or federal grant
funds secured by the City specifically for environmental cleanup activities are exhausted
and the City;
Whereas, per the amended terms the City would agree to apply for U.S. EPA
Brownfields Cleanup Grant funding in 2016 and again in 2017 in an attempt to secure
funding assistance for performance of the environmental cleanup required for the City's
intended use of the property;
Whereas, the City must own the property by December 22, 2016 in order to apply for
U.S. EPA Brownfields Cleanup Grants in 2016; and
Whereas, it is in the best interest of the City to purchase the property per the terms of
the First Amendment to the Purchase Agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the First Amendment to the Purchase Agreement for 411 E. 15th
Street is hereby approved.
Section 2. That the Mayor is authorized to sign and submit documents as required for
the City's application for U. S. EPA Brownfields Cleanup Grant funding in 2016 and
2017.
Passed, approved and adopted this 19th day of December, 2016
Attest:
Roy D. Buol, Mayor
FIRST AMENDMENT
TO
PURCHASE AGREEMENT
BETWEEN
THE CITY OF DUBUQUE, IOWA
AND
BLUM PROPERTIES, INC.
This First Amendment to Purchase Agreement (Purchase Agreement), dated for
reference purposes the ao day of December, 2016, is entered into by and between
the City of Dubuque, Iowa, a municipal corporation (Buyer) and Blum Properties, Inc.,
(Seller).
Whereas, Buyer and Seller entered into a Purchase Agreement, fully executed
June 18, 2014, for Lots 182, 182A, 183, 184, 185, 186, 217, 218, 219, 220, 221, all in
east Dubuque Addition, Dubuque, IA 52004 (the Original Purchase Agreement); and
Whereas, the parties now agree to amend the Purchase Agreement as set forth
herein.
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN BUYER AND
SELLER AS FOLLOWS:
Section 1. Par. 3 of the Purchase Agreement is hereby amended to read as
follows:
3. Buyer agrees to pay and Seller agrees to grant the right of possession,
convey title and to surrender physical possession of the premises as shown on the
dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
$0 On possession and conveyance December 21, 2016
$100,000.00 Payment June 1, 2017
$100,000.00 TOTAL LUMP SUM June 1, 2017
Buyer agrees to apply for U.S. EPA Brownfields Cleanup Grants in 2016 and
again in 2017 in an attempt to secure federal funding assistance for performance of the
environmental cleanup required which will also facilitate Buyer's use of the property.
Buyer agrees to hold $400,000, previously intended for Seller, in a designated
account. The funds will be drawn by the Buyer to pay for up to 50% of the cost of
environmental cleanup activities required, $300,000 unrelated to the buildings and
$100,000 related to the buildings, but only after any and all state or federal grant funds
secured by the Buyer specifically for environmental cleanup activities are exhausted. If
there is a balance remaining in the designated account upon the issuance of a No
Further Action Certificate from the Iowa Department of Natural Resources the balance
121316dlm
will be paid to the Seller. Regardless of the status of cleanup activities, any remaining
balance on October 1, 2020 will be paid to Seller.
Section 2. Par. 14 of the Purchase Agreement is hereby amended to read as
follows:
14. Seller will close no later than December 21, 2016. Seller will removal all
personal property and inventory and vacate the property no later than July 1, 2017.
Section 3. All other terms and conditions of the Purchase Agreement shall remain in
full force and effect.
BUYER: SELLER:
CITY OF DUBUQUE, IOWA
By: !z
Gus Psihoyos, City Engineer
2
BLUM PROPERTIES, INC..
Bv:
Alvin Blum, President
PREPARED BY: City of Dubuque Engineering Division,50 West 13th Street,Dubuque,IAS 52001 Phone:(563)589-4276
TAXPAYER: City of Dubuque Engineering Division,50 West 13th Street,Dubuque,IAS 52001 Phone:(563)589-4276
RETURN TO: 1CG Land Services Inc. 1715 South G Avenue Nevada,IA 50201 Phone:(515)382-1698
TAX STATEMENT TO: N/A
Page 1
TOTAL ACQUISITION PURCHASE AGREEMENT
PARCEL NO. Blum COUNTY Dubuque
PROJECT Bee Branch Phase 3 BUYER The City of Dubuque,IA
SELLER: Blum Properties,Inc./Alvin Blum
THIS AGREEMENT made and entered into this_day of ,20_,by and between Seller and The City of
Dubuque,IA,Buyer.
I. SELLER AGREES to sell and furnish to Buyer a deed, on form(s)furnished by Buyer, and Buyer agrees to buy the
following real estate,hereinafter referred to as the premises:
Assessor Parcels 1024283001, 1024283002,1024284901, 411 East 15" St. Dubuque, IA,
52004 all parcels west of the railroad tracks.
County of Dubuque , State of Iowa,which includes the following buildings, improvements and other property: All
improvements located thereon
The premises also includes all estates,rights,title and interests,including all easements,and all advertising devices and
the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from
Buyer for all claims per the terms of this contract and discharges Buyer from liability because of this contract and the
construction of this public improvement project.
2. Possession of the premises is the essence of this contract and Buyer may enter and assume full use and enjoyment of the
premises per the terms of this contract. SELLER GRANTS Buyer the immediate right to enter the premises for the
purpose of gathering survey and soil data SELLER MAY surrender possession of the premises or building or
improvement or any part thereof prior to the time at which he has hereinafter agreed to do so,and agrees to give Buyer
ten(10)days notice of Seller's intention to do so by calling Buyer collect.
3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and to surrender physical
possession of the premises as shown on or before the dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
$ on right of possession
$ on conveyance of title
$ on surrender of possession
$ 500,000.00 on possession and conveyance upon closing
$ TOTAL LUMP SUM
BREAKDOWN A4C:/SO.FT.
Land by Fee Title 56320 square feet full
Underlying Fee Title
4. SELLER WARRANTS that there are no tenants on the premises holding under lease except:
none
5. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to
pay all liens and assessments against the premises,including all taxes and special assessments payable until surrender of
possession as required by the Code of Iowa,and agrees to warrant good and sufficient title. Names and addresses of
lienholders are:
DISTRIBUTION: TWO COPIES RETURNED TO BUYER-ONE COPY RETAINED BY SELLER
Page 2
PARCEL NO. Blum COUNTY Dubuque
PROJECT Bee Branch Phase 3 BUYER The Citv of Dubuque.IA
SELLER: Blum Properties. Inc./Alvin Blum
6. Buyer may include mortgagees, lienholders,encumbrancers and taxing authorities as payees on warrants as contract
payment. The Seller shall pay all current unpaid property taxes and penalties,if any,and property taxes shall be prorated
in accordance with Iowa Code Section 427.2. SELLER WILL furnish and deliver to The City of Dubuque,IA,Dubuque,
Iowa an abstract of title continued to date showing merchantable title to the premises in Seller. Buyer agrees to pay the
cost of abstract continuation. SELLER AGREES to obtain court approval of this contract,ifrequested by Buyer,if title
to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court
approval costs and all other costs necessary to transfer the premises to Buyer,but not attorney fees. Claims for such
transfer costs shall be paid in amounts supported by paid receipts or signed bills.
7. If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the
time of this contract,Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title
solely from that survivor,provided the joint tenancy has not been destroyed by operation of law or acts of Seller.
8. These premises are being acquired for public purposes and this transfer is exempt from the requirements for the filing of a
Declaration of Value by the Code of Iowa.
9. Seller states and wan-ants that there is no known well, solid waste disposal site,hazardous substances, underground
storage tanks or burial sites on the premises described and sought herein,except as noted in the Environmental studies
10. Seller shall protect the premises from damages and shall prevent injury to people. Seller shall make all repairs to the
heating system,roof,electrical system,doors,windows, and equipment necessary to maintain the premises in a safe
operating condition to prevent damage to the premises and to avoid injury to all occupants,guests,and the general public.
Seller shall indemnify and save the Buyer harmless from all loss,claims,and causes of action for all damage to property
and injury to persons arising out of Seller's continued possession and use of the property.
11. Seller agrees to keep fire,tomado,extended coverage and added perils insurance in the minimum amount of$
payable to all parties as their interests may appear from this date until delivery ofthe deed and possession.
Buyer shall notify all insurance companies of this contract. In case of loss or destruction of part or all of the premises
from causes covered by the insurance,SELLER AGREES to accept the lump sum payment,to endorse the proceeds of
any such insurance recovery to Buyer, and SELLER ASSIGNS to Buyer any and all of Seller's rights under such
insurance contacts.
12. Seller agrees to maintain existing liability insurance for loss or damage to the property or for personal injury arising out
of Seller's continued possession or use of the property.
Seller's Insurance Agent and Carrier:
Address:
Policy No.:
13. SeGgen 306.23
givendeseFibed property that beearaes e3keess A& of way. Seller does hereby relinquish all rights as
of the Code of Iowa to the premises,and does consent and agree to an irrunediate sale of su&property by the Buyer-.
14. Seller will close and vacate the east parcel no later than December 31,2015 and close and vacate the west parcel no later
than October 1,2016.
15. Iowa Rule 118A.3 requires written notice be provided to the Seller that this contract is a binding legal document and that
competent legal advice should be sought
16. This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to
do any act or deed except as specifically provided for herein.
17. Purchaser has not identified all parcels in this contract as necessary for completion of the Bee Branch project. It is
understood and agreed some relocation benefit requirements have been waived.
is. a possession.Upon
ffirrual agreement, adate.
19. Each page and each attachment is by this reference made a part hereof and the entire agreement consists of 3 pages.
20. It is understood and agreed,this is a voluntary acquisition.The parcels west of the railroad tracks are not identified as a
future Public Improvement project.
21. Seller reserves salvage rights.
22. Purchaser will pay Seller$250,000.00 for the Shear located on the property.
Page 3
PARCEL NO. Blum COUNTY Dubuque
PROJECT Bee Branch Phase 3 BUYER The City of Dubuque,IA
SELLER: Blum Properties Inc./Alvin Blum
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer,we the
undersigned claimants certify the Total Lump Sum p ent shown herein is just and unpaid.
BY:
A4Z4:±��-- 54-
Blum Properties c.
BY: BY:
Alvin Blum
ALL-PURPOSE-ACKNOWLEDGMENT CAPACITY CLAIMED BY SIGNER:
STATE C } INDIVIDUAL
COUNTY OF a } ss: CORPORATE
�e� Title of Corporate Officer(s):
On this i—day of A.D.20�before me,
the yyy{{{dyyyy`TTTr���signed,a blit in d for said State,personally appeared
_Corporate Seal is affixed
l t. L-L� _No Corporate Seal procured
PARTNERSHIP: Limited
to me personally known —General
or _ATTORNEY-IN-FACT
_proved to me on the basis of satisfactory evidence EXECUTOR(s)or TRUSTEE(s)
—GUARDIAN(s)or CONSERVATOR(s)
to be the person(s) whose name(s) is/are subscribed to the within OTHER:
instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies),and that by his/her/their signatures(s) SIGNER IS REPRESENTING:
on the instrument the person(s),or the entity(ies)upon behalf ofwhich the Names of entity(ies)or person(s)
person(s)acted,executed tl�e instrument as his/her/their voluntary act and
deed or e o tary a {{ deed of said entity by it voluntary executed.
C (Sign in Ink)
MIKE ADAMS
OT&
(Print/Typ ame) Commkssiort Number 746763
Notary Public in and for the State of ow M ommissl Expires
BUYERS ACKNOWLEDGEMENT /—
STATE OF IOWA,
COUNTY OF DUBUQUE,ss:
On this k day of C' n E 20 f before me,the undersigned,personally appeared,
&CAS P31 lioya-
known to me to be the and the of Buyer and who
did say that said instrument was signed on behalf of Buyer by its authority duly recorded in its minutes, and said
and acknowledged the execution of said instrument,which signature
appears hereon,to be the voluntary act and deed of Buyer and by it voluntarily executed.
LYNN M.SCHLUETER
Notarial Seal -IOWA
Commission Number- 744354
My Commission Expires lam-i t - I b
Notary Pu'lic in and for the State of Iowa
BUYER'S APPROVAL
By— Date:,S r
Rccom nded by:Mike oject Manager
I �
BY Date: 1 I
Approved by:City of Dubuque,IA
Masterpiece on the Mississippi
December 13, 2016
Office of the Mayor
Dubuque City Hall
bitri 50 West 13th Street
Dubuque, IA 52001-4864
All-AmedcaClty wwwr.cityofdubuque.org
2007 • 2012 • 2013
Ms. Susan Klein
Brownfields Coordinator
U.S. Environmental Protection Agency — Region 7
11201 Renner Boulevard
Lenexa, KS 66219
Dear Ms. Klein:
On behalf of the City of Dubuque, I am pleased to submit the enclosed application to the U.S.
Environmental Protection Agency (EPA) for a Brownfields Cleanup Grant to remediate the
contaminated West Blum property at 411 East 15th Street, a former junkyard/metal recycling center.
The 1.29 -acre parcel, acquired by the City in December 2016, has been characterized with EPA
Brownfields Assessment resources and been found to contain high levels of asbestos and other
hazardous materials. Revitalization of North Dubuque has been identified as a community priority.
EPA support will enable the City to clean up this blighted site in the distressed Washington
Neighborhood.
Dubuque provides the following information to EPA:
a. Applicant Identification:
City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
b. Funding Requested:
i. Grant Type: Cleanup
ii. Federal Funds Requested: $200,000
iii. Contamination: Hazardous Substances
c. Location:
Dubuque, Iowa
d. Property Information:
West Blum property, 411 East 15th Street, Dubuque, IA 52001
e. Contacts:
i. Project Director:
Steve Sampson Brown, Project Manager
City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
Phone: (563) 589-4272 Fax: (563) 589-4149
E-mail: sbrown@cityofdubuque.org
ii. Chief Executive/Highest Ranking Elected Official:
Roy Buol, Mayor
City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
Phone: (563) 564-5455 Fax: (563) 589-4149
E-mail: rdbuol@cityofdubuque.org
f. Population:
58,799
Dubuque is not included within a county experiencing "persistent poverty"
g. Other Factors Checklist:
See attached
h. Letter from State Environmental Authority:
See attached
Thank you for your consideration.
Sincerely,
Roy D. uol
Mayor
RDB:jmc
Dubuque Engineering Department
THE CITY OF kxAnd 50 W. 13th Street
Dubuque,IA 52001
All-AmericaCity Office(563)589-4270
DUB36kE1 ' Fax 563 589-4205
TDD(563)556-9948
Masterpiece on the Mississippi 2007.2012.2013 engineer@cityofdubuque.org
N vww.cityofdubuque.org
December 19, 2016
Ms. Susan Klein
Brownfields Coordinator
U.S. Environmental Protection Agency—Region 7
11201 Renner Boulevard
Lenexa, KS 66219
Dear Ms. Klein:
On behalf of the City of Dubuque, I am pleased to submit the enclosed application to the U.S.
Environmental Protection Agency (EPA) for a Brownfields Cleanup Grant to remediate the
contaminated West Blum property at 411 East 15th Street, a former junkyard/metal recycling center.
The 1.29-acre parcel, acquired by the City in December 2016, has been characterized with EPA
Brownfields Assessment resources and been found to contain high levels of asbestos and other
hazardous materials. Revitalization of North Dubuque has been identified as a community priority. EPA
support will enable the City to clean up this blighted site in the distressed Washington Neighborhood.
Dubuque provides the following information to EPA:
a. Applicant Identification:
City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
b. Funding Requested:
i. Grant Type: Cleanup
ii. Federal Funds Requested: $200,000
iii. Contamination: Hazardous Substances
c. Location:
Dubuque, Iowa
d. Property Information:
West Blum property, 411 East 15th Street, Dubuque, IA 52001
e. Contacts:
i. Project Director:
Steve Sampson Brown, Project Manager
City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
Phone: (563) 589-4272 Fax: (563) 589-4149
E-mail: sbrownkcityofdubugue.org
Service People Integrity Responsibility Innovation Teamwork
ii. Chief Executive/Highest Ranking Elected Official:
Roy Buol, Mayor
City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001
Phone: (563) 564-5455 Fax: (563) 589-4149
E-mail: rdbuol ,cityofdubugue.org
f. Population:
58,799
Dubuque is not included within a county experiencing"persistent poverty"
g. Other Factors Checklist:
See attached
h. Letter from State Environmental Authority:
See attached
Thank you for your consideration.
Sincerely,
Roy D. Buol
Mayor
Service People Integrity Responsibility Innovation Teamwork
AEC ED
16 DEC 22 PM I
City a, rkts Offic
Dubuque, IA
PREPARED BY: City of Dubuque Engineering Division, 50 West 13th Street, Dubuque, IAS 52001 Phone:(563)589-4276
TAXPAYER: City of Dubuque Engineering Division, 50 West 13th Street, Dubuque, IAS 52001 Phone:(563)589-4276
RETURN TO: JCG Land Services Inc. 1715 South 0 Avenue Nevada, IA 50201 Phone: (515)382-1698
TAX STATEMENT TO: 14/A
Page 1
TOTAL ACQUISITION PURCHASE AGREEMENT
PARCEL NO. Blum COUNTY Dubuque
PROJECT Bee Branch Phase 3 BUYER The Citv of Dubuque. IA
SELLER: Blum Proroerties, Inc. /Alvin Blum
THIS AGREEMENT made and entered into this _ day of 2Q._„ _, by and between Seller and The City of
Dubuque, IA, Buyer.
1. SELLER AGREES to sell and furnish to Buyer a deed, on forms) furnished by Buyer, and Buyer agrees to buy the
following real estate, hereinafter referred to as the premises:
Assessor Parcels 1024283001,1024283002,1024284901, 411 East 15' St. Dubuque, IA,
52004 all Parcels west of the railroad tracks.
County of Dubuque . State of Iowa, which includes the following buildings, improvements and other property: All
improvements located thereon
The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and
the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from
Buyer for all claims per the terms of this contract and discharges Buyer from liability because of this contract and the
construction of this public improvement project.
2. Possession of the premises is the essence of this contract and Buyer may enter and assume fill use and enjoyment ofthe
premises per the terms of this contract. SELLER GRANTS Buyer the immediate right to enter the premises for the
purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or
improvement or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer
ten (10) days notice of Seller's intention to do so by calling Buyer collect.
3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and to surrender physical
possession of the premises as shown on or before the dates listed below.
PAYMENT AMOUNT AGREED PERFORMANCE DATE OF PERFORMANCE
$ onright of possession
$ on conveyance of title
$ on surrender of possession
$ 500.000.00 on possession and conveyance upon closing
$ TOTAL LUMP SUM
BREAKDOWN ACISO.FT.
Land by Fee Title 56320 souare feet m/1
Underlying Fee Title
4. SELLER WARRANTS that there are no tenants on the premises holding under lease except
none
5. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to
pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of
possession as required by the Code of Iowa, and agrees to warrant good and sufficient title. Names and addresses of
lienbolders are:
DISTRIBUTION: TWO COPIES RETURNED TO BUYER- ONE COPY RETAINED BY SELLER
PARCEL NO. Blum COUNTY Dubuoue
PROJECT Bee Branch Phase 3 BUYER The Citv of Dubuoue. IA
SELLER: Blum Properties. Inc. / Alvin Blum
Page 2
6. Buyer may include mortgagees, Iienholders, encumbrancers and taxing authorities as payees on warrants as contract
payment. The Seller shall pay all current unpaid property taxes and penalties, if any, and property taxes shall be prorated
in accordance with Iowa Code Section 427.2. SELLER WILL furnish and deliver to The City of Dubuque, IA, Dubuque,
Iowa an abstract of title continued to date showing merchantable title to the premises in Seller. Buyer agrees to pay the
cost of abstract continuation. SELLER AGREES to obtain court approval ofthis contract, if requested by Buyer, if title
to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court
approval costs and all other costs necessary to transfer the premises to Buyer, but not attorney fees. Claims for such
transfer costs shall be paid in amounts supported by paid receipts or signed bills.
7. If Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the
time of this contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title
solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of Seller.
8. These premises are being acquired for public purposes and this transfer is exempt from the requirements for the filing of a
Declaration of Value by the Code of Iowa.
9. Seller states and warrants that there is no lmown well, solid waste disposal site, hazardous substances, underground
storage tanks or burial sites on the premises described and sought herein, except as noted in the Environmental studies.
10. Seller shall protect the premises from damages and shall prevent injury to people. Seller shall make all repairs to the
heating system, roof, electrical system, doors, windows, and equipment necessary to maintain the premises in a safe
operating condition to prevent damage to the premises and to avoid injury to all occupants, guests, and the general public.
Seller shall indemnify and save the Buyer harmless from all loss, claims, and causes of action for all damage to property
and injury to persons arising out of Seller's continued possession and use of the property.
11. Seller agrees to keep fire, tornado, extended coverage and added perils insurance in the minimum amount of $
payable to all parties as their interests may appear from this date until delivery of the deed andpossession.
Buyer shall notify all insurance companies of this contract. In case of loss or destruction of part or all of the premises
from causes covered by the insurance, SELLER AGREES to accept the lump sum payment, to endorse the proceeds of
any such insurance recovery to Buyer, and SELLER ASSIGNS to Buyer any and all of Seller's rights under such
insurance contracts.
12. Seller agrees to maintain existing liability insurance for loss or damage to the property or for personal injury arising out
of Seller's continued possession or use of the property.
Seller's Insurance Agent and Carrier.
Address:
Policy No.:
13.
14. Seller will close and vacate the east parcel no later than December 31, 2015 and close and vacate the west parcel no later
than October 1, 2016.
15. Iowa Rule 118A.3 requires written notice be provided to the Seller that this contract is a binding legal document and that
competent legal advice should be sought.
16. This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to
do any act or deed except as specifically provided for herein.
17. Purchaser has not identified all parcels in this contract as necessary for completion of the Bee Branch project. It is
understood and agreed some relocation benefit requirements have been waived.
18.
19. Each page and each attachment is by this reference made a part hereof and the entire agreement consists of 3 pages.
20. It is understood and agreed, this is a voluntary acquisition. The parcels west of the railroad tracks are not identified as a
future Public Improvement project.
21. Seller reserves salvage rights. `` q Za`' �%
22. Purchaser will pa.S.l A.). the Shear located on the property. i 5 e 9 crio
JrLu;ste
PARCEL NO. Blum
PROJECT Bee Branch Phase 3
SELLER: Blum Properties. Inc. IAlvin Blum
COUNTY Dubuque
BUYER The Citv of Dubuque. IA
Page 3
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the
undersigned claimants certify the Total Lump Sum payment shown herein is just and unpaid.
BY:
Blum Properties,)nc.
BY:
Alvin Blum
BY:
ALL-PURPOSE ACKNOWLEDGMENT
STATE OF 'l.&.- .46S+AP-N }
COUNTY OF \ A L bcx i. A �.. }ss:
On this C;' day of l l I ,a , . A.D. 20.1 q , before me,
the d ilgned a Public in d forsaid State, personally appeared
V 11.
Y.;
Lk
to me personally known
_ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/§he/they executed the same in
his/herltheir authorized capacity( ies), and that by his/her/their signatures(s)
on the instrument the person(s), or the entity(ies) upon behalf of which the
person(s) acted, executede instnunent as his/her/their voluntary act and
deed or
deed of said entity by it voluntary executed.
(Print/Type ame)
Notary Public in and for the State of
BUYER'S ACKNOWLEDGEMENT
STATE OF IOWA,
COUNTY OF DUBUQUE, ss:
On this iday of
known to me to be the
did say that said instrument was
and
(Sign in Ink)
11e4GS
CAPACITY CLAIMED BY SIGNER:
INDIVIDUAL
CORPORATE
Title of Corporate Officer(s):
Corporate Seal is affixed
_ No Corporate Seal procured
PARTNERSHIP: Limited
General
_ ATTORNEY-IN-FACT
_ EXECUTOR(s) or TRUSTEE(s)
GUARDIAN(s) or CONSERVATOR(s)
OTHER:
SIGNER IS REPRESENTING:
Nantes of entity(ies) or person(s)
NNE ADAMS I
Number 7467
Expires
, 20 1 4-1" , before me, the undersigned, personally appeared,
and the of Buyer and who
sired on behalf of Buyer by its authority duly recorded in its minutes, and said
acknowledged the execution of said instrument; which signature
appears hereon, to be the voluntary act and deed of Buyer and by it voluntarily executed.
LYNN M. SCHLUETER
Notarial Se& - IOWA
Commission Number - 7443S4
My Commission Expires /x' ! / - f
BUYER'S APPROVAL
BY
Recomn nded by: M
fit/
BY
Approved by: City of Dubuque,
}ect Manager
Date:
Date:
Sc E
RE E
-D
16 OEC 22 PM 1: 28
Cty CIerk's OMoo
Dubuque, IA
PREPARED
BV: City at !Magee Eftevaing Diveima, 50 Wee Mem Dienique /415,100,1 neoc(563):589-016
TAXPAYEN: Oyu( Pubequv Eageneris; Dirisige, 50 Wee IAA %me, eaheque, LAS 52001i Pfme4(50)5894:176
RETURN 'TO: 1C0 f.a.1.1.Servir,z toe 17I5 Siid iArran% Nortr.14., IA 50201 "1m: (515)332-469$
TAX STATEMENT TO: N/A
Page
TIYTAL ACQUISITION PURCRASE AGREEMENT
PARCEL NO, Blunt COUNTY Dutmene
PROJECT Dee Branch Phase 3 BUYER Tho City of Dubuque. ,
SELLER: Blum Pronerties, h.
THIS AGREEMENT made and entered into this 8th day of February 20 13 , by and betweee Seller anti The City of
Dethurme, IA, Buyer,
SELLER AGREES to etl and furnish to Buyer a deed, on form(s) finished by Buyer, and Buyer agrees to buy the
following real estate, hereinafter referred to as the penises:
Lots 255 and 256 In east Dopuonte Addi tlon Ouboaue. TA, 52009
County or Dubuque , Salk of lova, which includes the following buildings, improvements and other propwey:_ll
hnorevements located thereon
The premise: also includes all estates, rights, tido and Interests, lac:Wings/I easements, asdaUadvertising devices and
the right to erect such devicei are located therm, SELLER. ACKNOWLEDGES full settlement and payment from
Buyer thr all claims per the terms of this contract and discharges Buyer from liabiTety because: of this contract and the
coistruction of this public improvement project
2 Possession of the premises is the essence of this contract and Buyer nmy enter and =UDC full use and enjoyment of the
premises per the terms of this contract SELLER GRANTS Buyer the immediate right to enter the premises for the
purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or
improvement or ally part thereof prior to the lime at which ho has hereinafter agreed to do so, and agrees to give Buyer
ten (10) days notice of Selkes intention to do so by ceiling Buyer coder
3. Buyer Agrees to pay and SELLER AGREES to grant the right of possession, convey time and to stnender physical
posse or the premises es shown on or bean the dates fisted below,
PA Y M ENT AMOUNT AGREED PERFQRBtANCE DATE OF PERFORMA.NCE
on right of possession
on conveyance or thle
on Sereelder of possession
5 277.0e0.00 on posstasion And convey uice 80 days atter Bayer:vernal
$ Th000O0 TOTAL LUMP SUM
BREAKDOWN
Land by Fee IltIe
Undurlyin Fee Tith;
10.150
AC-40.FT,
SELLER WARRANTS that there are no tenants on be premises holding Ander lease wicept
none
This connect shell apply to and bind the legal successors In kart:nor the Seller and SELLER AGREES to
pay ;di &RS and assessments against the premises, int:Fading all taxes and special assent:tents payable -until surrender of
possession as required by the Code of Iowa. and agrees to warrant good and sufficient title, Names and addresses of
lienliothiets ere:
DISTRIBUTION: rwo COKES RETURNED TO BUYER - ONE COPY RETAINED BY SELLER
Page 2
PARCEL NO. 811nn COUNTY_ Dublaute _
PROJECT __I.:Manta:JIM:is 1 BOYER ThivofOibequj&
SELLER: Ethan Properties. Mc.
Buyer may include mortgagees, Penholders, eneumbraneers and taxing initheside-s as payees an warams as contract
payment The Seller Mall pay allcurrent unpaid property taxes aunt penalties, ifany, anti pruperty taxes Atoll be ptorated
in accordance with loos Code Section 427_2. SELLER WILL, tarnish and deliver to Th City ofDlibugae, IA, Dubtame,
town an abstract of iitle amcinued to date showing marchatu tat* title to the pnearises in Seller. Buyer agrees to pay the
cost of abstract continuation. SELLER. AGREES to obtain COO( approval of this contract, if requested by Buyer, if dile
In the premises becomes an asset of any rstan, Mn. conservatorship or guardianship. Buyer agrees to pay mut
approval costs and all other coats accessary to transfer Me pmmises to Buyer, hut nor attorney Bea. Claims tbr such
transfer costs shall be paid in mounts supported by paid receipts or signed bills,
If Seller habit title to the premiers in joint tenancy with fall rights of survivorship and not as tenant In common at the
tine of this contract, Buyer will pay any n.snaining proceeds to the survivor of that join tenancy aud will accept title
solely from that stativer provided the joint tenancy has not been destroyed by operation of law Or acts Seiler.
8, These premises are bung acquIred tbr public purposes and this banger ia exempt Boat the requirements for the filing of a
Declaration of Value by the Code of hove.
9. Seller Sates and waraats Oat Mem is no known well, solid waste disposal aim, hazardous substances, underground
storage ranks Of band sites an do: premises duo:tibial and Totten herein, except as noted in the Enviraumental ouij
10. Selkr shall protect the premises flan damages and shall prevent injury to pe.ople. Seller shall make all repairs to the
heating system, roof, electrical system, doors. windows. and equipment necessary to maintain the premises in a safe
operating condition to prevent damage to the premises and to avoid injury mall occupant; guests, and the general public.
Seller shall indemnify and save the Buyer female's from all lass, claims, and CHUM of action for all damage Loproperty
and injury to persons arising ma ef Scifer's continued possession and use ache property.
11, Seller agrees to lump tae, tornado, extended coverage and added petits insuraace in the miainnim amount of $
, payable to all patties aster interests may ...wpm)" from Ibis date until delivery of the deed and possession.
Buyer shell notify aft inurreace companies of this cnatimer. hi =se of los or dcwractien aCpatt ur all of the premises
from causes covered by the insurarew, SELLER. AGREES to accept dm lump suet payment, to endorse the proceeds of
any such EnsuninCO recovery to Buyer. and SELLIiik ASSIGNS to Buyer any and all of Selteds rights under such
insurance contracts.
Seller astro to maintain existing liability insurance for less or danuip to Mc pm pc rty or Ric personal injury arising out
of Sellars cootinued possession or use of die property.
Sellers Insult -awe Agent and Carrier -Name g.
Addresv
Noa.
13. Section 30623 of the C'ode of kora eves seller first right to pmettise, a due appraised value, any part of the above
dtscribed property that becomes excess right-of-way. Seller does hereby relinquish ail rights as given in Section 30623
uf the Code of Iowa tO the premises, and dos consent and agme to an illunediate *lie of such property by the Buyer.
It is nadostood and, agreed that Seller does not jeotrarcTi2e any rights lo mine -mien assatance benefits avaRable wider the
lane by signing this comma.
5. lovra Role 118A.3 requires written notice be provided to Me Seller that this ctattnieci is a binding legal document and that
competent legal advice should be sought .
ze• 101/4,/
Purchaser will sambas:me 1995 Al-loa United vision AS -1500 Aluminum halt Furnace for the *wised value of
$73,1calou, Seller may moth= to use the Barnette, until Purchaser tak-rnposaeashin of tbraamon moving day. Purrlascr
wilt provido a check for that hem on that time.
Seller agrees to vacate prevaiscs on or before April 30. 2014. (doing date unless otherwise agreed to by harsh patsies)
Sena agrees to sell ornuutnUinvent:nits on a before that dam, Buyer agreca to pay a maximum of S5,0110.00 based
at actual material to relocate any salenuge material not sold or removed atter the futal move demon or before April 1,
7014. Buyer will pay through relootion benefits to move any personal property frau the premiaes.
19. ttuyer will pay V1,000.00 to replace concrete en remaining lot. Payment will be made atter completion a cwacto
Project.
19- Seller retains ownership of gates Being south en Soo* entry and savage rights to buildings ft Seiler salvages all
property mast be removed prier April 30, 2014.
20, This written contract tonging= the attire agreement between Buyer alld Seller and there lino sgreewent to do or out io
do any aca or deed exceprna specifically provided for herein.
17-
21. Each page and each attachment is by tins reference nide a pan hereof and the entire agreemeta consists al, pages.
Page 3
COUNTY laubuque
PROJECT Brandi Pturae BUYER The City ofDitbuous.A
SELLER:_ _ Bluritikopeiliojpc
SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon dupp Ir.i excention by 81ipn, we the
unders4Rted claimants certify the Total Lump Sum payment shown herein is just snd unpaid.
BY:
BY:
ALL-PURFOSE ACKNOWLEDGMENT
STATE OP "--1:0‘-, ik )
COUNTY OF _____ ) se
On This C" drty or \ -,'Icc— A.D. 20 1-2- before ate,
dm undasi;Ited, a Notary Public 41,11K1 for said State, personalty appeared
L'L
the personalty known
-
pw o ne n the basis rat -satisfactory evklence
to be dm person(s) whose nante(s) iufire subscribed to die within
Instrament and acknowledwd at roe that belsheAhcy executed the same in
histerftscir sutharized capacity(ies), and that by hisAerAheirsignatures(t)
on the Instrument the person(s), or the eat ity(ies) upon behalf of which the
persan(s) acted, executed the instnatmat as bherdheir voluntary act and
the vo and deed of said entity by it Yohnitary executed.
caLITY CIAMED RY SIGNER:
INDIVIDUAL
_ CORPORATE
_Corporate Seal is alibied
No Corporate Seal procured
_ PARTNERSHIP; Limited
General
ATTORNEY-IN-FACT
EXECUTOR (s) orTRUSTEE()
CVAIIDIAN(s) or CONSERVATOR(s)
OTHER:
SIGNER IS REPR
of ent'
ROYER'S ACKNOWLEDGEMENT
STATE OF IOWA,
COUNTY OF DULIINUE, ss;
On this day of LMLL the undendavert, persurailly appeared,
S
known to Roo ko ito („. LI:J1Je:' I 0.1 P PZ- andof Buyer rind who
did say that said instilment was aigned oa behalf of Buyer by its authority duly recorded in its 'Mows, and said
and aticnowleclga the execution of said instrument, which signature
appears hereon, to be the voluntary act and deed of Buyer and by it voluntarily exceuted.
ROVER'S APPROVAL
r Jr.
Nooery l'idifc in and for the Slate of Iowa
Date;
LYNN M. SCHLUETER
Notarial Seal - IOWA
Commission Number - 744354
Mv Commission Expires L.471/ -
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
May 31, 2017
The Honorable Roy D. Buol
Mayor of Dubuque
50 West 13th Street
Dubuque, IA 52001
Dear Mayor Buol:
OFFICE OF
SOLID WASTE AND
EMERGENCY RESPONSE
NOW THE
OFFICE OF LAND AND
EMERGENCY MANAGEMENT
On behalf of the United States Environmental Protection Agency (EPA), I am pleased to congratulate you and
confirm that the City of Dubuque was selected as one of the entities EPA will begin negotiations with to award a
cooperative agreement for a cleanup grant. The City of Dubuque submitted an outstanding grant proposal, and we
deeply appreciate the tremendous commitment of time and energy that went into its preparation.
Through the Small Business Liability Relief and Brownfields Revitalization Act of 2002, EPA is working to help
states and communities around the country clean up and revitalize brownfield sites. We fully expect that these
brownfield projects will provide benefits to the environment and economy of local communities. Susan Klein,
your Regional Brownfields Contact, will work closely with the City of Dubuque to negotiate the cooperative
agreement prior to the grant award. Please contact Susan Klein at 913-551-7786 or klein.susan@epa.gov.
With respect to your request for assessment grant funding, I regret to inform you that this request was not selected
because it did not score high enough on the ranking criteria established in the FY17 Proposal Guidelines for
Brownfields Assessment and Cleanup Grants. EPA received over 500 proposals requesting over 740 grants for
consideration and had funds to award approximately 200 grants from the highest ranking proposals. For this
funding request, you may request a debriefing from the Brownfields Contact within fifteen calendar days of
receiving this letter. For further information about the debriefing process and any dispute rights with respect to
competition -related issues under this announcement, please refer to Section VLF. of the proposal guidelines.
Again, congratulations on being selected! We look forward to working with you.
cc: Susan Klein
Sincerely,
Gl
a0? e4,
David R. Lloyd, Director
0
fi
Office of Brownfields and Land Revitalization
Internet Address (URL) • http://www.epa.gov
Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Postconsumer, Process Chlorine Free Recycled Paper