Sale of City-Owned Property at 305-307 East 22nd Street_Initiate Copyrig hted
March 1, 2021
City of Dubuque Items to be set for Public Hearing # 1.
City Council Meeting
ITEM TITLE: Sale of City-Owned Property at 305-307 East 22nd Street
SUM MARY: City Manager requesting the City Council set a public hearing for March
15, 2021, for the purpose of disposing of City-owned real property
located at 305-307 East 22nd Street to Affordable Housing Network,
I nc. for the purchase price of$4,171.
RESOLUT ION I ntent to dispose of an interest in City of Dubuque real
estate to Affordable Housing Network, I nc., setting a time and place for
hearing, and providing for the publication of notice thereof
SUGGESTED Receive and File; Adopt Resolution(s), Set Public Hearing for March 15,
DISPOSITION: 2021Suggested Disposition:
ATTACHMENTS:
Description Type
305-307 East 22nd Street Sale-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Purchase Agreement Supporting Documentation
Notice of Public Hearing Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sale of City-Owned Property at 305-307 East 22nd Street
DATE: February 19, 2021
Housing and Community Development Director Alexis Steger requests the City Council
set a Public Hearing for March 15, 2021, for the purpose of disposing of City-owned real
property located at 305-307 East 22nd Street to Affordable Housing Network, Inc. for the
purchase price of $4,171.
The Agreement between the City of Dubuque and Affordable Housing Network, Inc., is
to assist the City's affordable housing initiative by acquiring, rehabilitating, and selling
homes to under 80% median income families and/or manage properties for the benefit
of low-income households.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
�
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
SUBJECT: Sale of City-owned property at 305-307 East 22nd Street
DATE: February 16, 2021
Introduction
The purpose of this memorandum is to request the City Council to set a Public Hearing
for the purpose of disposing of City-owned real property located at 305-307 East 22na
Street.
Backqround
The property at 305-307 East 22nd Street was originally purchased by True North in
December 2019. The City took ownership as part of the shifting of residential purchase
and rehabilitation component of the Dubuque's True North Corporation to the Housing
Department in January 2020.
Discussion
This property was identified to have great potential to rehabilitate and create
decent/affordable rental options to income-qualifying household under 80% median
income. The City strives to provide affordable housing opportunities throughout the city
of Dubuque. This property is located in the Washington Neighborhood.
The Agreement between the City of Dubuque and Affordable Housing Network, Inc., is
to assist the City's affordable housing initiative by acquiring, rehabilitating, and selling
homes to under 80% median income families and/or mange properties for the benefit of
low-income households. AHNI has agreed to pay $4,171.00 to the City upon transfer of
ownership. Revenue from the sale of this property will go back to the original funding
source which is Tax Increment Financing (TIF) 3602766-54104.
This sale will maintain decent, safe affordable housing options in the neighborhood and
increase the tax base. Additionally, it meets the Voluntary Compliance Agreement
(VCA) objectives of increasing housing options for low to moderate income households.
Recommendation
I respectfully request the City Council approve the attached resolution, declaring the
City's intent to dispose of the property and set the date for the public hearing to receive
comments on the proposed sale.
Prepared by: Kris Neyen, Rehabilitation Programs Supervisor
Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St., Suite 312, (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13th St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO.57-21
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO
AFFORDABLE HOUSING NETWORK, INC., SETTING A TIME AND PLACE FOR
HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa (City) owns 305-307 East 22" d Street (the
Property) legally described as:
Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in the City of
Dubuque, Iowa, according to the recorded plat thereof, subject to
easements of record; and
WHEREAS, City acquired the Property through the transfer of ownership by
Dubuque's True North Corporation for the purpose of its restoration and re -sale for owner -
occupied housing; and
WHEREAS, Affordable Housing Network, Inc, will rehabilitate the property and sell the
property to an income qualified family or manage the property for the benefit of low to
moderate income households; and
WHEREAS, by accepting the selected offer the City's objectives of providing housing
options for low to moderate income households, rehabilitation of two vacated homes, and is
consistent with the City goal of creating opportunities for affordable housing.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in
the above described real estate to Affordable Housing Network, Inc.
Section 2. That the City Council shall conduct a public hearing on the proposed
disposition of real estate virtually on the 15th day of March, 2021 beginning at 6:30 p.m.
Section 3. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 1 st day of March, 2021.
�,
Roy D. B ayor
ATTEST:
Adrienne N. Breitfelder, Cit Clerk
RESIDENTIAL PURCHASE AGREEMENT
TO: City of Dubuque, a municipal corporation (SELLER)
The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance
agrees to sell tlie real property situated in Dubuque County, Iowa, locally known as 305 East 22"d Street,
Dubuque, lowa and legally described as :
Lot 1 of the Subdivision of Lot 1 of Kemps Subdivision in the City of Dubuque, Iowa, according
to the recorded plat thereof, subject to easements of reca•d
together with a�ry easemenYs and appw�tenant servient estates, but subject to any reasonable easements of
record for public utilities or roads, any zoning restrictions, restrictive covenants and mineral rese�vations
of record, if any, herein referred to as the " Property, " upou the following terms and conditions provided
BUYER, on possession, are permitted to use the Prope�ty for residential purposes.
1 . PURCHASE PRICE. The Purchase Price shall be $4, 171 . 18 and the method of payment shall
be as follows:
$0 . 00 with this offer as earnest money and the balance of the Purchase Price in cash at the time of
closing witl� adjustment for closing costs to be added or deducted from this amount. This Agreement
is not contingent upon BUYER obtaining such funds.
2 . REAL ESTAT� TAXES . A . SELLER shall pay all real estate taxes that are due and payable
as of the date of possession and constitute a lien against the Property, including any unpaid real estate
taxes for any prior years .
B . SELLER shall pay its prorated sliare, based upon the date of possession, of the real estate taxes
for the fiscal year in which possession is given (ending June 30, 2021 ) due and payable in the subsequent
fiscal year (commencing July l , 2021 ) .
BUYER shall be given a credit for such proration at closing based upon the last known actual net
real estate taxes payable according to public record. However, if such taxes are based upon a partial
assessment of the present property improvements or a changed tax classification as of the date of
possession, such proration shall be based on the current millage rate, the assessed value, legislative tax
rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's
Records on the date of possession .
C . BUYER sliall pay all subsequent real estate taxes .
3 . SPECIAL ASSESSMENTS .
A . SELLER shall pay in full all special assessments which are a lien on the Prope�Ty as of the
date of closing.
B . All charges for solid waste removal, sewage and maintenance that are attributable to
SELLER'S possession, including those for which assessments arise afrer closing, shall be paid by
S�LLER.
C . Any preliminary or deficiency assessment which cannot be discharged by payment shall be
paid by SELLER through an escrow account with sufficient funds to pay such liens when payable, with
any unused funds returned to SELLER.
D . BUYER shall pay all other special assessments .
4 . RISI< OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the
Property prior to closing or possession, whichever first occurs . SELLER agrees to maintain existing
insurance and BUYER may purchase additional insurance . In the event of substantial damage or
desh uction prior to closing, this Agreement shall be null and void; provided, however, BUYER shall have
the option to complete the closing and receive insurance proceeds regardless of the extent of damages.
Tl�e propeity shall be deemed substantially damaged or destroyed if it cannot be restored to its present
condition on or before the closing date .
5 . POSSESSION AND CLOSING . If BUYER timely performs all obligations, possession of the
Property shall be delivered to BUYER on or befa�e March 22, 2021 and any adjustments of rent,
insurance, taxes, interest and all charges attributable to the SELLER'S possession shall be made as of tlie
date of possession . Closing shall occur after approval of title by BUYER'S attorney and vacation of the
Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect
the Property within 0 hours prior to closing to assure that the premises are in the condition required by
this Agreement. If possession is given on a day other than closing, the parties shall make a separate
agreement with adjustments as of the date of possession . This transaction shall be considered closed upon
the filing of the title transfer documents to BUYER and receipt of all funds then due at closing from
BUYER under the Agreement.
6 . FIXTURES . Included with the Property shall be all fixtures that integrally belong to, are
specifically adapted to or are a pairt of the real estate, whether attached a• detached, such as: attached
wall-to-wall carpeting, built-in appliances, light fixtures (including light bulbs), water softeners (exeept
rentals), shutters, shades, rods, blinds, venetian blinds, awnings, storm windows, storm doors, screens,
television anYennas (including satellite dishes), air conditioniug equipment (except window type), door
chimes, automatic garage door openers, electrical service cables, attached mirrors, fencing, gates, attached
shelving, bushes, trees, shrubs and plants. Also included is aIl currently present at the property .
The following items shall not be included : N/A
7 . CONDITION OF PROPERTY.
A . The prope�rty as of tl�e date of this Agreement including buildings, grounds, and all
improvements will be prese�ved by the SELLER in its present condition until possession, ordinary wear
and tear excepted .
B . BUYER acknowledges that it has made a satisfacto�y inspection of the Property and is
purchasing the Property in its existing eondition, except that the City of Dubuque, lowa, will perform a
preliminary radon test. If mitigation of radon is necessary, then BUYER and SELLER will each pay one-
half of such radon mitigation costs .
8 . ABSTRACT AND TITLE. SELLER, at its expense, shall promptly obtain an abstract of tiUe
to the Property continued through the date of acceptance of this Agreement and deliver it to BUYER'S
attorney for examination . It shall show merchantable title in SELLER in conformity with this Agreement,
Iowa law, and Title Standards of the Iowa State Bar Association . The SELLER shall make every
reasonable effort to promptly perfect title. If closing is delayed due to SELLER' S inability to provide
marketable title, this Agreement shall continue in force and effect until either paity rescinds the
Agreement after giving ten days written notice to the other paity. The abstract shall become the property
of BUYER when the purchase price is paid in full . SELLER sliall pay the costs of any additional
abstracting and tiUe work due to auy act or omission of SELLER.
9 . SURVEY. BUYER may, at BUYER'S expense prior to closing, have the prope�ty surveyed
and certified by a Registered Land Surveyor. If the suivey shows any encroachment on the Property or if
any improvements located on the Property encroach on lands of others, the encroachments shall be treated
as a title defecl. N the survey is required u��der Chapter 354, SELLER shall pay the cost thereof.
10 . DEED. Upon payment of the pw'chase price, SELLER shall convey the Prope� ty to BUYER
by special warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in
this Agreement. General warranties of title shall extend to the time of deliveiy of the deed excepting liens
or encumbrances suffered or permitted by BUYER.
11 . USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be
used to pay taxes and other liens and to acquire outstanding interests, if any, of others .
12 . REMEDIES OF THE PARTIES .
A . If BUYER fails to timely perform this Agreement, SELLER may forfeit it as provided in the
lowa Code, and all payments made shall be fa�feited; or, at SELLER'S option, upon thiity days written i
notice oF intention to accelerate the payment of the entire balance because of BUYGR'S default (during I
which thi�ly days the default is not corrected), SELLER may declare the entire balance immediately due
and payable . Thereafter this agreement may be foreclosed in equity and the Couit may appoint a receiver.
B . If SELLER fails to timely perform this Agreement, BUYER has the right to have all payments
made returned to it.
C. BUYER aud SELLER are also entitled to utilize any and all other remedies or actions at law or i
in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as I
permitted by law .
13 . NOTICE. Any notice under this Agreement shall be in writing and be deemed seived when
it is delivered by personal delivery or by certified mail retw•n receipt requested, addressed to the patties at
the address given below .
14 . CERTIFICATION . BUYER and SELLER each certify that they are not acting, directly or
indirectly, for or on behalf of any person, g�roup, entity or nation named by any Executive Order or the
United States Treasuiy Department as a tenrorist, "Specially Designated National and Blocked Persod' or
any ottier banned or blocl<ed person, entity, nation or transaction pursuant to any law, order, rule or
regulation that is enforced or administered by the Office of Foreign Assets Control; and are not eugaged
in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation . Each party
hereby agrees to defend, indemnify and hold harmless the other patty from and against any and all claims,
damages, losses, risks, liabilities and expenses (including attorney' s fees and costs) arising from or related
to my breach of the foregoing certificaYion .
15 . GENERAL PROVISIONS . In tlie performance of each part of this Agreement, time shall be
of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a
waiver of any existing or subsequent default. This Agreement shall apply Yo and bind the successors in
interest of tlie pa�ties . 1'his Agreement shall su�vive the cbsing. Paragraph headings are for convenience
of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall
be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to
the context.
16 . INSPECTION OF PR[VATE SEWAGE DISPOSAL SYSTEM . Seller represents and
warrants to Biryer that the Property is not se�ved by a private sewage disposal system, and there are no
known private sewage disposal sysYems on the prope�ty.
l7 . RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND REVIEW. Property
deeded herein is taken in "as-is" condition with no guaranties or warranties express or implied.
18 . TENANTS . The Property is free and clear of any occupants, and no patty has a lease to or
other occupancy or conU�act right in the Prope� ty which shall be in any way binding upon the Property.
Seller shall hold harmless and indemnify the Buyer for and against any claims, which may arise or be
based upon any alleged leasehold interest, tenancy, or other right of occupancy or use for any portion of
the Property . This covenant shall survive the closing.
] 9 . NO REAL ESTATE AGENT OR BROKER. Neither party has used the services of a real
estate agent or broker in connection with this transaction . Eacl� party agrees to indemnify and save
harmless the other party from and against all claims, eosts, liabilities and expense ( including cou�t costs
and reasonable attorney' s fees) incurred by the other pairty as a result of a breach of this representation,
wliich shall sin•vive closing.
20 . ADDITIONAL PROVISIONS : This Agreement is subject to the final approval of the City
Council of the City of Dubuque, Iowa in its sole discretion . If the City Council of the City of Dubuque,
Iowa does not approve this Agreement, it shall become automatically void, and neither party shall be
bound by the terms and conditions set forth herein .
ACC�PTANCE. When accepted, this Agreement shail become a binding contract. If not
accepted and delivered to BUYER on or before February 18, 2021 , this Agreement shall be null and void
and all payments made shall be returned immediately to BUYER.
Aceepted Dated ��p= o �1
SELLER: BUYER:
City of Dubuque, a municipal corporation Afforda}s e Housing Networ <, c
By: By. �V /`/
illmore, C
Name:
Address : 5400 Kirkwood Blvd SW
Title: Cedar Rapids, IA 52404
Phone: 319-3 63 - I 403
Address : 50 West 13°i Street
Du6uque, IA 52001
Phone : 563 -583 -4113
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, lowa, will
hold a public hearing on the 15th day of March, 2021, at 6:30 p.m. in the Historic Federal
Building, 350 West Sixth Street, 2nd floor, Dubuque, lowa, at which meeting the City
Council proposes to dispose of an interest in the following described real property by sale
to Affordable Housing Network, Inc., an lowa non-profit corporation:
Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in the City of
Dubuque, lowa, according to the recorded plat thereof, subject to
easements of record
locally known as 305-307 East 22nd Street.
At the meeting, the City Council will receive oral and written comments from any resident
or property owner of said City to the above action. Written comments regarding the above
public hearing may be submitted to the City Clerk's Office, City Hall, 50 W. 13th Street, on
or before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TTY (563) 556-9948 at least 48 hours prior to the meeting.
Adrienne N. Breitfelder, City Clerk