HomeMy WebLinkAboutHope_Martin_ANderson_-_Donation_of_Real_Property_-_10.6.2025Docusign Envelope ID: 377E1D49-EFF1-47E3-BBBC-21846B7574E4
DONATION AGREEMENT FOR REAL PROPERTY
(2500 W 4" i ST., WATERLOO, IOWA 50701)
THIS DONATION AGREEMENT FOR REAL PROPERTY ("Agreement") is made and entered into as of the last
signature date below ("Effective Date"), by and between Hope Martin Anderson, Trustee of the Hope
Martin Anderson Revocable Trust Ll/A dated April 17, 2013 ("Donor") and City of Waterloo, Iowa
("Donee").
RECITALS:
A. Donor is the owner of certain real estate comprising .55 acres; located in the City of
Waterloo, Black Hawk County, Iowa, commonly known as 2500 W 4th St.; legal description on the attached
Exhibit A (collectively, the "Property").
B. Donee is a municipality located, incorporated and existing under the laws of the State of
Iowa.
C. Donor desires to make a charitable contribution of the Property to Donee on the terms
and conditions provided in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the Parties agree as
follows:
1. Agreement to Donate. Donor shall donate and convey to Donee, and Donee shall accept from
Donor subject to the terms and conditions set forth in this Agreement, the following: title to the Property,
together with all rights, privileges, easements, licenses, and interests relating thereto, free and clear of all
liens, encumbrances, and possessory interests of third parties except as described in this Agreement or as
may be expressly accepted in writing prior to Closing (as defined in this Agreement) by Donee in Donee's
sole discretion ("Permitted Encumbrances").
2. Donation Value. Donor represents that the donation value of the Property, based upon appraisal,
is and 00/100 Dollars ($ ) ("Donation Value").
3. Closing; Possession; Document Deliverables. Closing ("Closing") shall take place at the offices of
Donor's legal counsel and may take place in the form of an escrow closing on a date mutually acceptable
to the Parties not later than thirty (30) business days following the expiration or earlier termination by
Donee, of Donee's Due Diligence Period defined in this Agreement, and in any event, Closing shall not
later than December 31, 2025. Donor shall deliver possession of the Property at Closing.
A. Donor's Documents Delivered at Closing. At or prior to Closing, Donor shall deliver to
Donee the following documents, each in form and substance reasonably satisfactory to
Donee and Donor:
i. Recordable Special Warranty Deed executed by Donor (the "Deed") conveying
the Property to Donee; Donor is responsible for applicable costs of transfer or
1
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conveyance and recording in the real property records of Black Hawk County, [A,
subject only to the following Permitted Encumbrances:
a. Real estate taxes and assessments not yet invoiced, due and payable
(there shall not be any payment or proration of real estate taxes by
Donor);
b. Local, state and federal building and zoning laws and ordinances; and
c. Any recorded covenants, conditions, restrictions, reservations, rights -of -
way, or easements of record identified in the Abstract of Title or other
matters or conditions shown on the Survey, and not objected to in writing
by Donee;
ii. The original Abstract of Title to the Property;
An affidavit of Donor certifying that Donor is not a foreign person for purposes of
Section 14.45 of the Internal Revenue Code of 1986, as amended;
iv. Donor's completed IRS Form 8283;
B. Joint Closing Document Commitment: At Closing, Donor and Donee shall jointly
cooperate to execute and deliver, as applicable, the following:
A closing statement prepared in accordance with this Agreement;
ii. All real estate tax declarations, statements, or certificates required by applicable
laws;
Such other documents as may be customary and/or reasonably requested by a
Pa
rty.
4. Contingencies. The obligations of the Donee to complete this transaction are contingent upon
the following, unless expressly waived by Donee in writing:
A. Inspections. Upon both Parties signing this Agreement, Donor shall provide Donee with
such access to the Property as Donee requests to inspect and survey, if Donee desires,
the Property for a period of sixty (60) days (the "Due Diligence Period"). Donee may
terminate this Agreement upon written notice to Donor through the expiration of the Due
Diligence Period for any or no reason without penalty or liability. Donee may terminate
the Due Diligence Period at any time prior to its expiration and proceed to Closing in the
manner described in this Agreement.
B. Title Opinion. Donee shall have received a favorable opinion of legal counsel of its
choosing showing free and clear title with Donor, subject only to Permitted
Encumbrances. Donee shall be responsible for the cost of any abstracting.
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C. Donor's representations, warranties, covenants, and commitments in this Agreement
shall be true, accurate, and completed as applicable, as of the Closing.
D. Donee agrees to keep the condition of Property confidential and not display, publish or
share pictures of the same with any outside party, to the extent possible, unless disclosure
is required under applicable public records rules, regulations, or laws.
5. Representations, Warranties and Covenants of Donor. All representations, warranties and
covenants of Donor set forth in this Agreement shall be true and correct in all material respects as of the
date of this Agreement is executed and as of the date of Closing:
A. Donor has good and marketable title to, and owns of record, the Property.
B. Donor has full capacity, right, power and authority to execute, deliver and perform this
Agreement and all required action and approvals therefore have been duly taken and
obtained, including without limitation, full legal right to convey good and marketable title
to Donee.
C. Between the date hereof and the Closing, no part of the Property will be alienated,
encumbered or transferred in favor of or to any other party whatsoever.
D. There are no other parties in possession of the Property and there are no unrecorded
leases, easements, or other possessory interests with, or in favor of, any third parties.
6. Closing Prorations. There shall not be any Closing prorations.
7. Eminent Domain. In the event, prior to Closing, an eminent domain proceeding is filed against
the Property, or any substantial portion thereof, Donee shall have the option to: (i) terminate this
Agreement, in which case this Agreement shall be null and void and all obligations hereunder shall
terminate except those which expressly survive termination; or (ii) elect to close this transaction and, in
such event, all proceeds from the eminent domain suit shall belong to Donee.
8. Condition of Property, AS 1S. Upon closing Donee acknowledges that it has had such opportunity
to inspect the Property and has relied upon its own due diligence and inspections and is satisfied with the
physical condition of the Property, and that Donee shall accept the Property in its "as is, all faults" physical
condition. Donee acknowledges that Donor has made no representations or warranties about the physical
condition of the Property, including its environmental condition.
9. Default.
A. By Donee. Should Donee fail to perform this Agreement promptly on its part at the time
and in the manner herein specified Donor shall be entitled as a matter of right to obtain
relief in any court of competent jurisdiction to every remedy now or hereafter existing at
law or in equity, or by statute, including court costs and reasonable attorneys' fees, and
the Donor shall have the right to possession of the Property.
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B. By Donor. Should Donor fail to perform this Agreement promptly on its part at the time
and in the manner herein specified Donee shall be entitled as a matter of right to obtain
relief in any court of competent jurisdiction now or hereafter existing at law or in equity,
or by statute, including court costs and reasonable attorneys' fees, and including
specifically the right to specific performance.
10. Miscellaneous.
A. Notice. Notices shall be in writing and personally delivered, sent by confirmed electronic
mail (e-mail) sent first class registered or certified mail, postage prepaid, or sent via
nationally recognized overnight courier to the Party for whom such notices are intended.
A notice shall be deemed to have been given on the earlier of (a) the date it shall be
delivered to the address required by this Agreement; (b) with respect to notices sent by
mail, three (3) business days after the date as of which the notice is deposited with the
postal service, properly addressed, postage prepaid; (c) with respect to notices sent by
electronic mail, the date confirmed by the other Party in an acknowledgement reply, or
(d) one (1) business day after deposit with a nationally recognized overnight courier.
If to Donor:
Hope M. Anderson
100 Anderson Dr.
Waterloo, IA 50701
Email: Waterlooman@aol.com
If to Donee:
715 Mulberry St.
Waterloo, IA 50703
Email:
The above addresses may be changed by notice of such change, as provided herein, to
the last address designated.
B. Time of the Essence. Time is of the essence as to all obligations and deadlines set forth
in this Agreement, including without limitation with respect to Closing.
C. Governing Law. This Agreement shall be construed and enforced in accordance with the
laws of the State of Iowa.
D. Attorneys' Fees. Each Party is responsible for its own attorneys' fees in connection with
entering into this Agreement and Closing the donation transaction contemplated herein.
In the event of any legal proceeding between the Parties with respect to this Agreement,
the prevailing Party shall be entitled to recover its costs and expenses including
reasonable attorneys' fees.
E. Entire Agreement. This Agreement forth the entire understanding of the parties, and
there are no further or other agreements or understandings, written or oral, in effect
between the parties relating to the subject matter hereof. This Agreement shall not be
altered, modified or changed unless in writing signed by the Parties. This Agreement shall
be binding upon the Parties, their heirs, executors, administrators, personal
representatives, successors and assigns. Donee may assign this Agreement to Allen
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Hospital prior to Closing and, if so assigned, Allen Hospital shall agree to assume Donee's
obligations pursuant hereto.
F. Severability. If any provision of this Agreement shall be invalid or unenforceable, the
remainder of this Agreement shall not be affected thereby, and each provision of this
Agreement shall be valid and enforceable to the fullest extent permitted by app[icable
law.
G. Waiver. No consent or waiver by a party hereto (either expressed or implied) to or of a
breach of any representation, warranty or covenant contained herein shall be construed
as a consent or waiver to or of any other or subsequent breach of the same or any other
representation, warranty, or covenant.
H. Commission. Unless expressly listed below, Donee and Donor each represent and warrant
to the other that no person or entity is entitled to any brokerage commission or finder's
fee in connection with this transaction. This warranty shall survive Closing or the
cancellation or termination of this Agreement for any reason. Donor and Donee shall each
indemnify the other party against any claim, loss, suit or action (including reasonable
attorney fees and costs) incurred or suffered by the other party by reason of any claim by
any broker or finder for commissions or fees due or claimed to be due.
Broker Information for list N/A]:
Brokerage: Focus Real Estate Advisors
Individual Broker Name: Jack Nooren
Agent for (Donor, Donee, Dual): Donee and Donor
Commission Amount and Payable by: $0
Counterparts. This document may be executed in counterparts and when assembled shall
be considered one document. This document may be executed using electronic
signatures, each of which shall be considered as original.
J. Signature Authority. Each Party hereby warrants and represents to the other Party that a
person signing for such Party and performing such Party's obligations pursuant to this
Agreement has the authority to legally bind such Party and to act on its behalf and on
behalf of such Party's principals.
K. Survival. Sections 3, 5, 6, S, 9, and 10 of this Agreement shall survive Closing or earlier
termination.
The Parties have executed and delivered this Agreement by their authorized representatives as of the
Effective Date.
Docusign Envelope ID: 377E1D49-EFF1-47E3-BBBC-21846B7574E4
Hope Martin Anderson Revocable Trust U/A dated City of Waterloo, Iowa
April 17, 2013
By: [�rj
Hope Martin Anderson, Trustee
By: LDocuSigned by:
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Date Signed: T '"?5;2:755r-- Date Signed: 10/6/2025
Docusign Envelope ID: 377E1D49-EFF1-47E3-BBBC-21846B7574E4
EXHIBIT A
That part of the NEk of Section 34, Township 89 North, Range 13 West
of the 5th P.M., Black Hawk County, Iowa, described as follows:
Beginning at a point on the centerline of West 4th Street, 472.1 feet
SW-ly from its intersection with the South line of the MAN of the NE;'a of
said Section 34; thence NW-ly, at right angles to the centerline of said
West 4th Street, 330 feet; thence SW-ly, at right angles to the last
described course, 9 rods; thence SE-ly, along a line parallel with the
first described course, 330 feet, to the centerline of said West 4th
Street; thence NE-ly, along the centerline of said West 4th Street, 9 rods,
to the point of beginning, excepting the NE-ly 18 feet thereof deeded to
the City of Waterloo, and further except the NW-ly 94.11 feet, in even
width thereof, and further except Parcel "H" of Plat of Survey Doc. #2021--
15640
Docusign Envelope ID: 377E1 D49-EFF1-47E3-BBBC-21846B7574E4
Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766
After Recording Return To: City of Waterloo, 715 Mulberry St., Waterloo, IA 50703
Address Tax Statement to: City of Waterloo, 715 Mulberry St., Waterloo, IA 5D703
SPECIAL WARRANTY DEED
For the consideration of One Dollar(s) and other valuable consideration, Hope Martin
Anderson, Trustee of the Hope Martin Anderson Revocable Trust LI/A dated April 17, 2013,
does hereby Convey to the City of Waterloo, Iowa, the following described real estate in
County, Iowa:
See attached Exhibit "A"
Subject to covenants, restrictions, ordinances, easements, and limited access provisions
of record.
This deed is excepted from filing a declaration of value and groundwater hazard
statement pursuant to Iowa Code §428A.2(2I ).
Grantors do Hereby Covenant with Grantees and successors in interest to Warrant and
Defend the real estate against the lawful claims of all persons claiming by, through or under
them, except as may be above stated. Each of the undersigned hereby relinquishes all rights of
dower, homestead and distributive share in and to the real estate.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Dated:
State of Iowa )
County of Black Hawk )ss
Hope Martin Anderson Revocable Trust
U/A dated April 17, 2013
By: Hope Martin Anderson
Its: Trustee
This record was acknowledged before me on this add ay f kPri.�]ei , 2025, by
Hope Martin Anderson, as Trustee of the Hope Martin Anderson Revocable Trust
U/A dated April 17, 2013
BARBARA J KAYSER
COMMISSION NO. 195095
MY COMMISSION EXPIRES
MARCH 02, 2028
Docusign Envelope ID: 377E1D49-EFF1-47E3-BBBC-21846B7574E4
EXHIBIT A
That part of the NEB of Section 34, Township 89 North, Range 13 West
of the 5th P.M., Black Hawk County, Iowa, described as follows;
Beginning at a point on the centerline of West 4th Street, 472.1 feet
SW-ly from its intersection with the South line of the NWT of the NEB of
said Section 34; thence NW-ly, at right angles to the centerline of said
West 4th Street, 330 feet; thence SW-ly, at right angles to the last
described course, 9 rods; thence SE-ly, along a line parallel with the
first described course, 330 feet, to the centerline of said West 4th
Street; thence NE-ly, along the centerline of said West 4th Street, 9 rods,
to the point of beginning, excepting the NE-ly 18 feet thereof deeded to
the City of Waterloo, and further except the NW-ly 94.11 feet, in even
width thereof, and further except Parcel "H" of Plat of Survey Doc. #2021-
15640