Loading...
Sale of City-owned Property at 2247 Central Avenue — Deny Purchase Agreement_HearingCity of Dubuque City Council Meeting Public Hearings # 4. Copyrighted February 21, 2022 ITEM TITLE: Sale of City -owned Property at 2247 Central Avenue — Deny Purchase Agreement SUMMARY: Proof of publication on notice of public hearing to consider denial of the purchase agreement for 2247 Central Avenue as presented today and reconsider sale in March 2022, and City Manager recommending approval. RESOLUTION Denial of Purchase Agreement for Real Property at 2247 Central Avenue and re -marketing for sale until March 1, 2022 SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type Sale of 2247 Central Avenue-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Deny Purchase Agreement Resolutions Purchase Agreement Supporting Documentation Addendum Terminating Purchase Agreement Supporting Documentation Return of Earnest Money Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque All -America City IN 2007.2012.2013 2017*2019 SUBJECT: Sale of City -owned Property at 2247 Central Avenue — Deny Purchase Agreement DATE: February 16, 2022 Housing and Community Development Director Alexis Steger is recommending City Council hold a public hearing, deny the purchase agreement for 2247 Central Avenue as presented today and reconsider sale in March 2022. Due to some administrative timelines, the City of Dubuque received and conditionally approved a purchase agreement, but must deny that offer and post the property for sale on the MLS for at least 2 weeks. This provides equal opportunity for residents to submit an offer for purchase to be considered. The City of Dubuque does not take the highest bidder on a property. Any offers submitted are considered by the goals of the CHANGE program. This is also why the City does not accept offers with a "required time to respond". Low to moderate income residents need time to get pre -approvals from a bank to provide offers on homes. They are often beat out in the competitive real estate market by higher income individuals who have less barriers to the purchase. The criteria that will be used to select a buyer is as follows: 1. Price is the appraised value or a lower value set by the Housing Department to remain affordable ($162,000 appraised value is affordable with incentives provided). 3% down payment is required. 2. Low to Moderate Income household 3. First Time Homebuyer 4. Housing Choice Voucher Participant 5. Participant in "homeownership ready" programs with the City of Dubuque or its partners I concur with the recommendation and respectfully request Mayor and City Council approval of the denial. Y Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing & Community Development Director THE C Dubuque DUUB-.'&--FE III-A aeriea C ft -. Masterpiece on the Mississippi 2017*2019 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Sale of City -owned Property at 2247 Central Avenue — Deny Purchase Agreement DATE: February 16, 2022 Introduction The purpose of this memorandum is to request the City Council to hold a Public Hearing for the purpose of disposing of City -owned real property located at 2247 Central Avenue. Background The property at 2247 Central was acquired by the City at the request of the owner who was no longer able to maintain the structure. The City was rehabilitating the property next door and the neighbor said they wanted their house to be part of the HEART Program. Housing staff evaluated the building for rehabilitation and purchased the property under the CHANGE Initiative and partnered with the HEART Program to rehabilitate the property. Discussion Due to some administrative timelines, the City of Dubuque received and conditionally approved a purchase agreement, but must deny that offer and post the property for sale on the MLS for at least 2 weeks. This provides equal opportunity for residents to submit an offer for purchase to be considered. The City of Dubuque does not take the highest bidder on a property. Any offers submitted are considered by the goals of the CHANGE program. This is also why the City does not accept offers with a "required time to respond". Low to moderate income residents need time to get pre -approvals from a bank to provide offers on homes. They are often beat out in the competitive real estate market by higher income individuals who have less barriers to the purchase. The criteria that will be used to select a buyer is as follows: 1. Price is the appraised value or a lower value set by the Housing Department to remain affordable ($162,000 appraised value is affordable with incentives provided). 3% down payment is required. 2. Low to Moderate Income household 3. First Time Homebuyer 4. Housing Choice Voucher Participant 5. Participant in "homeownership ready" programs with the City of Dubuque or its partners, such as Dupaco's Credit Repair Program. Recommendation Due to the requirement to publicly offer this property until March 1, 2022; 1 respectfully request the City Council hold a public hearing, deny the purchase agreement for 2247 Central as presented today and reconsider sale in March 2022. Prepared by Alexis Steger, Housing & Community Devel., 350 W. 60 St., Suite 312 (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 68-22 DENIAL OF PURCHASE AGREEMENT FOR REAL PROPERTY AT 2247 CENTRAL AVENUE AND RE -MARKETING FOR SALE UNTIL MARCH 1, 2022 Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on February 21, 2022 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that the agreement with Armina Odobasic for purchase of 2247 Central is denied; and Whereas, the amendment to make the contract null and void, a copy attached hereto, is approved; and Whereas, the property will be re -marketed for sale until March 1, 2022 and any further offers provided by Armina Odobasic will be considered in conjunction with any and all other offers without bias. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Armina Odobasic for the sale of the Property, a copy attached hereto, is hereby denied. Section 2. The amendment to the purchase agreement, a copy attached hereto, making the contract null and void is approved. Passed, approved, and adopted this 21 st day of February 2022. V / _ Attest: Adrienne N. Breiffelder, City Clerk dotloop signature verification: dtlp.us/4nTo-F3zu-WFYm -a 1 =�.---.-.--. ECIAR 1 PURCHASE CONTRACT Page 1 of 4 Pages THIS IS A LEGAL BINDING DOCUMENT. IF NOT UNDERSTOOD SEEK LEGAL ADVICE DATE OF OFFER j � 2-2, AGENCY RELATIONSHIP NOTIFIC TION/CONFIR ATIO 1. This document is prepared by. -P/�ryQ AS AGENT FOR 2. (Check one) QSeller Exclusively ®Buyer Exclusively Poth Buyer and Seller (Dual Agency), 3, or 4. Buyer and Seller confirm that written disclosures of agency representation were provided to them, they understand 5. who is representing them, and the disclosures were provided prior to signing this Offer for Real Estate. 6. DOCUMENTS ATTACHED TO THIS PURCHASE CONTRACT 7. Dual Agency Consent Agreement 8. ead Base Paint Disclosure ,Seller Disclosure of Property Condition 9� spection Addendum sale Contingency 10. Addendum to Purchase ®Rental Addendum 11. ®IL Radon Disclosure ®Other Documents/Attachments/Legal Description: 12. 13.OFFER TO: (herein designated as SELLER) c Seller Names , 14. The undersigned I O (herein designated as BUYER) Buyer names (��hn�,, , �j I 15. Hereby propose to purchase your property known as: r2 A� i �-.=�ilf��I El' L�' UlAq,a f A J �_ ! B Address city 16. Parcel #(s) l�~�b c�� state ZIP 17. and agrees to pay ou the sum of 18. $ as follows: $ earnest money to be held in trust by ( ect one) Listing Broker, 19. or, _ other . Earnest money shall be 20. increased to $ within days of acceptance and again held in trust as previously agreed. In the event of 21. satisfaction of both Buyer and Seller contingencies herein, the earnest money deposits and balance of the purchase price shall be 22. delivered to Seller at settlement. In the event either Buyer or Sellers' contingencies or obligations herein are not satisfied, the 23. earnest money shall be distributed in accordance with the paragraph entitled "Remedies of the Parties". 24. ALL USUAL COSTS INCURRED IN SECURING SUCH MORTGAGE SHALL BE PAID BY THE BUYER EXCEPT: SELLER TO PAY UP TO 25. s TOWARD BUYERS CLOSING COSTS AND PREPAID ITEMS. 26. OTHER TERMS/CONTINGENCIES 27. The Purchase Price is be paid as follows: (Check the Appropriate Box(s)) 28. ® CASH to be paid on settlement date. This offer is not contingent upon Buyer obtaining financing. Seller has 29, right to receive immediate verification of funds. ® Seller ® Buyer is responsible for settlement fee. 30. Terms as follows: 31. C3 FINANCING This contract is contingent upon the Buyer obtaining a written commitment for financing with 32. terms as provided in lines 39-41 of this contract. 33. ®Conventional AConventionalInsured 34. ® FHA ®VA 35. ® Land Contract(terms as follows) 36. ®OTHER 37. If Buyer provides written proof Buyer is unable to obtain financing, this contract is terminated and earnest 38. money returned. 39. DOWNPAYMENT 3 (%) percent (or) $ INTEREST RATE not to exceed: % p r a num 40. TERM OF MORTGAGE/LOANyears. DATE FOR FINANCING CONTINGENCY RELEASE:, Or 41. Within days after 42. If Buyer does not make timely delivery of said contingency release, then Seller may terminate this offer by written 43. notice to Buyer. 44. PRE -APPROVAL LETTER (check one)�dattached ® delivered by ® Other BUYER INITIAL INITIAL SELLER INITIAL INITIAL_[_ 01/26/22 8:06 AM CST dotloop verified dotloop signature verification: dt1p.us/4nTo-F3zu-WFYnn Page 2 of 4 Pages PROPERTY cs�� {��� 1 � 'cr fa grf'-a I Address City State ZIP 45. Broker may continue to offer and show the property for sale and Seller may accept backup offer4 until settlement. 46. SETTLEMENT. Settlement shall occur and legal possession shall be given on or before Date: Or, 47. Within days after the 48. OCCUPANCY. Occupancy shall be given to Buyer (choose one) 49. THIS AGREEMENT IS ALSO SUBJECT TO THE FOLLOW .at settlement, or [3 Date: G TERMS AND CONDITIONS: 50. TRUST PAYMENTS. It is agreed that at time of settlement, funds, up to the purchase price, received from the 51. Buyer and/or Buyer's lender may be used to pay taxes, other liens and expenses associated with this 52. transaction, same to be handled under the supervision of the Listing Broker so as to produce marketable title. 53. Seller hereby appoints the Listing Broker, escrow company or lender to receive such fiords and make such 54. payments and disbursements. 55. REAL ESTATE TAXES, SPECIAL ASSESSMENTS, AND CHARGES 56. Unless otherwise agreed to in writing, all Real Estate taxes due and payable prior to and including the settlement date will 57. be paid by the Seller. Any taxes that cannot be paid to the Treasurer at the time of settlement will be pro -rated between the 58. Seller and the Buyer. Any such pro -rates will be based on current millage rates, current roll backs, and current assessed 59. values as certified by the appropriate taxing authority. All Real Estate Taxes due and payable after the settlement date will 60. be paid by the Buyer. All special assessments that constitute a lien at the time of settlement of this offer are to be paid 61. by Seller, All charges for solid waste removal, utilities, and assessments for maintenance attributable to Seller's 62. possession are to be paid by Seller. All liens caused by Seller(s) ownership, such as mechanics liens, mowing, snow 63. removal, etc, are to be paid by Seller. All subsequent taxes and special assessments are to be paid by Buyer. Interest, rents, 64. homeowners' association dues and assessments, unused fuels, and other appropriate charges shall be prorated as of 65. the date of settlement. Accrued income and expenses, including taxes for the day of closing, shall accrue to the 66. Seller. 67. INSURANCE. Seller shall bear the risk of loss or damage to property prior to settlement or possession, whichever 68. first occurs. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. In the 69. event of damage to the property prior to settlement in an amount of not more than 5 percent of the selling price 70. Seller will be obligated to repair the property and restore it to the same condition that it was on the date of this 71. offer. If the damage should exceed this amount, Seller shall promptly notify Buyer in writing of the damage_and 72, this contract may be terminated at the option of the Buyer and earnest money returned . 73. Should the Buyer elect to complete the transaction despite such damage, Buyer will be entitled to the insurance proceeds relating 74, to the damage, plus a credit towards the purchase price equal to the amount of the Seller's deductible on such policy. However, if 75. the sale is financed by a land contract or a mortgage to Seller, the insurance proceeds shall be held in trust for the sole purpose of 76. restoring the property. 77. INCLUDED PROPERTY (if any). All property that integrally belongs to, are specifically adapted to, or is part 78, of the real estate (except rental items), whether attached or detached, such as but not limited to, wall to wall 79. carpeting and vinyl, light fixtures and bulbs, ceiling fan(s), bathroom mirrors, shades, rods, blinds, awnings, 80, shutters, storm windows, storm doors, screens, plumbing fixtures, automatic heating equipment, air conditioning 81. equipment (except window), door chimes, alarm devices, built-in items and electrical service cable/fencing, garage $2, door opener and control(s), other attached fixtures, radio and/or attached TV antenna/dish and complete TV mounting brackets, 83. fencing, trees, bushes, shrubs, plants, garden bulbs, water heaters and softeners, sump pumps, attached or fitted floor $4, coverings, installed security systems, central vacuum systems and accessories, in -ground lawn sprinkler systems and 85. component parts, built in appliances, fences, fireplace screen, fire grate and attached equipment, appurtenant 86. structures or equipment, storage buildings, rural water membership shall be considered a part of real estate and 87. included in this sale. OTHER INCLUDED ITEMS: 88. 89. 90. EXCLUDED PROPERTY AND RENTAL ITEMS (i.e. water softener, LP or other gas tank):_ 91. - - BUYER INITIAL J INITIAL= SELLER INITIAL dotloop signature verification: dt1p.us/4nTo-F3zu-WFYrn Page 3 of 4 Pages PROPERTY "r `I, `� Address U City State 92. DUTIES OF PARTIES: 93. Seller and Buyer acknowledge and agree that REALTORO/Broker(s), its affiliated licensees and employees: 94. must respond to all questions of the parties; however, they are not required to discover hidden defects or give 95. advice on matters outside the scope of their real estate license; make no (and Seller and Buyer are not relying 96. upon) representations or warranties as to the physical or mechanical condition of the property, its size, value, 97, future value, income potential, whether the basement is waterproof, etc.; are not qualified to advise on questions 98. concerning the condition of the property, the legal sufficiency, legal effect or tax consequences of this document 99. or transaction. For such matters, Seller and Buyer are advised to consult the appropriate professional(s). 100.Seller and Buyer acknowledge that the Seller of real property has a legal duty to disclose in good faith material 101.adverse facts and material defects of which Seller has actual knowledge and which a reasonable inspection by 102.Buyer would not reveal. Buyer has the right to obtain inspections, survey and measurements at Buyer's 103.expense. Buyer is advised to request that special provisions be written into this contract prior to signing, to cover 104.any and all conditions which Buyer might consider to be questionable or problematical (whether such be 105.inspection for termites, drainage, water and soil conditions, adequacy of stricture or any components, zoning, 106.boundaries, utility connections, or any other matters). Professionals are available within the community to consult regarding 107.these and many other issues relating to your transaction and you are encouraged to consult with such professionals on an 108.as needed basis. By acceptance of the Offer, the Seller warrants and represents: That Seller has disclosed notice or knowledge 109.of any planned public improvement which may result in special assessments or other liens, that no government agency has 110.served any notice requiring repair, alterations or corrections of any existing conditions not previously disclosed. This 11 Lrepresentation of Seller shall survive the settlement of this transaction. 112 JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHTS IN REAL ESTATE. If Seller, 113.immediately preceding this offer, holds title to the property in joint tenancy, and such joint tenancy is not later 114.destroyed by operation of law or by acts of Seller, then the proceeds of this sale, and any continuing and/or 115.recaptured rights of Seller in real estate shall be and continue in Seller as joint tenants with rights of survivorship 116.and not as tenants in common; and Buyer in the event of the death of either Seller agree to pay any balance of the 117.proceeds of this sale to the surviving Seller and to accept deed from such surviving Seller. 118.CONDITION OF PROPERTY. Seller agrees to remove all debris and all personal property not included herein from the 119.property by possession date unless there is a prior written agreement by the parties. The property shall be delivered to 120.Buyer on the date stipulated above swept and vacuumed -and ready for occupancy. At a reasonable time before settlement 121.as pre -approved by the Seller or Seller's agent, the Buyer shall have the right to inspect the property to determine that there 122.has been no significant change in the condition of the property, except for ordinary wear and tear and changes approved by 123.the Buyer, and any defects Seller has elected to cure have been repaired in a good workman like manner, 124.SURVEY. Buyer may, prior to settlement, have the property surveyed at Buyer's expense. If Buyers elects to 125.have the property surveyed, Buyer will have the survey completed at least seven (7) business days prior to the 126.scheduled settlement. If the survey, certified by a Registered Land Surveyor, shows any encroachment on 127.property, or if any improvements located on the subject property encroach on lands of others, such encroachments 128.shall be treated as a title defect. 129.REMEDIES OF THE PARTIES - FORFEITURE - FORECLOSURE 130.If Seller fails to fulfill this agreement, Buyer has the right to terminate the contract and earnest money shall be returned to 131.the Buyer. 132.1f Buyer fails to fulfill this agreement, Seller has the right to terminate the contract, all payments by Buyer may be forfeited and 133.rctained by Seller as provided in the -Laws of the state in which the property is located. In addition to the foregoing remedies, 134.Buyer and Seller each shall be entitled to any and all other remedies, or action at law or in equity, including foreclosure and 135.thc party at fault shall pay costs and attorney fees, and a receiver may be appointed. 136. ABSTRACT AND TITLE. Seller shall furnish Buyer an abstract of title, or policy of title insurance, in 137.conformity with this agreement and land title law of the State. If abstract does not show good merchantable 138.title to said property, free and clear of all liens and encumbrances, not expressly waived or assumed by the Buyer, 139.Seller shall correct defects in title before settlement is made. Municipal building codes and zoning ordinance or 140.mincral reservations and public easements shall not be construed as title encumbrances. Seller shall pay costs of 141.additional abstracting and/or title work due to act or omission of Seller, including transfers by death of Seller 142,or assigns. Marketable title to be established by the existing land law and title standard of the state in which 143.the property is located. BUYER INITIAL INITIAL SELLER INITIAL 61,57 INITIAL 01/26/22 8:06 AM CST dotloop verified dotloop signature verification: dtlp.us/4nTo-F3zu-WFYm Page 4 of 4 Pages PROPERTY. � P41 cy y 4 T 6:)- "— t Address GCity State ZIP 144.COURT APPROVAL. If the property is an asset of any estate, trust, conservatorship, or receivership, this 145.contract shall be subject to Court approval, unless declared unnecessary by Buyer. If necessary, the appropriate 146.fiduciary shall proceed promptly and diligently to bring the matter on for hearing for Court approval. In this event 147.a Court Officer's Deed shall be used. 148.DEED. Upon payment of purchase price, Seller shall convey title by warranty deed or other instrument that is 149.required by Buyer's attorney. 150.GENFRAL PROVISIONS. In the performance of each part of this agreement, time shall be of the essence. This 151.agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, assigns and 152.successors in interest of the respective parties. This agreement shall survive the settlement. Paragraph headings 153.are for the convenience of reference and shall not limit nor affect the meaning of this agreement. Words and 154.phrases herein, including any acknowledgement hereof, shall be construed as in the singular or plural number, and 155.as masculine, feminine or neuter gender, according to the context. 156.NOTICE. Any notice required under this Agreement shall be deemed delivered when it is received or provided 157.either by hand delivery, facsimile, electronic communication or certified mail, Persons designated for receipt or to 158.give any notice shall be Seller(s) and Buyer(s) at the addresses set forth below or their Broker or Agent. 159.Electronic or facsimile transmission sent to the other party or to the appropriate Broker, followed by electronic or 160.faxed acknowledgement of receipt, shall constitute delivery of signed document. 161.ENTIRE AGREEMENT. This document and attachments contain the entire agreement of the parties and supersedes all 162.prior offers with respect to the property. This Offer may be modified only by a written agreement signed and dated by 163.both parties. This Offer for Real Estate shall not be assigned by Buyer without the written consent of Seller. 164.MEDIATION. In the event of a dispute, Buyer and Seller agree to consider mediation as an alternative to 165.initiating legal action. The mediation will be conducted in accordance with the rules and procedures of a mutually 166.agreed mediation service, Even when utilizing mediation, parties may still seek legal remedies. 167.ACCEPTANCE. When accepted, this offer shall become a binding contract for the sale and purchase of the 168.above described property and the professional service fee(s) shall be due to the Agent(s) in accordance with the 169.Exclusive Listing Agreement, Buyer Agency Agreement or other written commission agreement, between either 170.party or their Agent(s). This Offer shall not negate or change any of the conditions or terms of said Agreement(s), 171.which, by this reference shall remain in full force and effec. through the settlement. 172_If this offer is not accepted by Seller on or before�a.m. or p.m. Date: �IQ the offer shall 173.become null and void. and earnest money return to Buyer without liability on the ISart of said Agent(s) to either 174.party. 175.This offer was presented to Seller by at ®a.m. or © p.m. Date: iA.The f0K490A[#Wf fthibck one ®ACCEPTED 13RbECTED (®COUNTERED f I (EY i IV f!t�F A .i`I A- I �� —�P� doNoop verified "�j ° ( Yy [ �V `/ ��/V � V "� '� l s; 01 /26/22 8:06 AM CST ('Buy S Signature) DATE: M238-LYXN-4RJH-FJCB TE Print name here Print name here ( uycr's Signature) DATE: (Seller's Signature) DATE IN A oWBA51'C- (Print name here) (Print name here) ��� 117 'r 1hU� � Address (�+��{ � , 7)PRONE �y� Address PHONE City State ZIP City State ZIP Buyer Attorney Name: Able RQ -L, ECIAR 1 /18 ©Copyright 2018 East Central Iowa Multiple Listing Service for Member Use Only dotloop signature verification: dtlp.us/4nTo-F3zu-WFYm r��r121 av i� M=01 ECIAR 24 Personal Property Sale Agreement The undersigned Seller(s) � " I U A...- _in considerations of the sum of one dollar ($1), or �� ` , and other valuable consideration including the convenience of both parties, do hereby sell, assign, transfer and set over unto the undersigned Buyer(s) , bMV6 the following described Personal Property, which will be transferred in "as is" condition, with no warranties: K_ .&I&APUY j-s-taWc -ft, rerrAa4/4 The Personal Property is now located at: dA 9 11 Street City (herein "Personal Property"). )- / . (herein "Real Property:) State ZIP Transfer of the Personal Property is contingent on Seller(s) successfully conveying to Buyer(s) the Real Property described above. Buyer(s) hereby assent to becoming owner of the above described Personal Property upon the conveyance of the Real Property to Buyer(s). Should the transaction not close, this bill of sale shall be terminated and the Buyer(s) shall no longer be obligated to purchase nor shall Seller(s) be obligated to sell the above -described Wrgii Property. Buye%V"' j 11,Aeller dotlaop verified 01 /26/22 8:06 AM CST Buye D1YG-LLPS-VEDP-BKES Seller ECIAR 24 1/18 0 Copyright 2018 East Central Iowa Multiple Listing Service Inc, For Member Use Only dotloop signature verification: dtlp.us/4nTo-F3zu-WFYm Seller: Buyer: Being 1:91 =.;=2 ADDENDUM TO PURCHASE CONTRACT (ATTACHED TO PURCHASE CONTRACT) Address - (} City Date of Offer for Real Estate: J t .7, MAR 6 State ZIP the undersigned Buyer and Seller hereby agree to the following: all COLL1444 a# rb-lftq . C,i ��" . Rem rr W SSi Kj pa,, «W i k j",e 5OPP* The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Purchase ontract. All other contract terms are to remain the same. ///�aQ,�i2 dotloop verified Buyer Seller "1 "^ �P� AM CST 50KMH/RWEI1/2622 8I--QBRA EWKR Buyer Seller //��i�� dotloop verified b �% V� 01 /26/22 7:09 AM CST Agen a gent FZL-KXQL-OPGO-XY6P ECIAR 6�,/ 07/10 Copyright C0 2010 East Central Iowa Multiple Listing Services, Inc. For Member use Only dotloop signature verification: dt1p.us/4nTo-F3zu-WFYnn 0➢P9RIVMIIY ECIAR 7 INSPECTION ADDENDUM Page 1 of 3 Pages RE: PURCHASE CONTRACT, dated// : by and between the undersigned Buyer and Seller concerning the real estate commonly known as: Street r City State ZIP THIS SECTION MUST BE READ, UNDERSTOOD AND INITIALED These Inspections only cover conditions of the property not previously disclosed. They are not to be construed - as inspections to bring an older home into compliance with current local building codes. They are only intended to discover any major structural, mechanical, safety and health related issues and defects. Notwithstanding the foregoing, Buyer and Seller agree that if the inspection report describes a condition of the property as one which can be remedied by routine maintenance or normal servicing, such condition shall not constitute grounds for termination of the Purchase Contract. Additionally, with respect to the items noted in said inspection reports to have reached or exceeded normal useful life, so long as such items are in working order, such condition(s) shall not be a basis for finding that said items are in a defective condition, and Seller shall not be required to repair or replace such items, and said conditions(s) shall not constitute grounds for termination of the Purchase Contract. If Buyer does not complete any of the inspections within the time frames agreed to, they are deemed to accept the property in "As Is" condition relative to that inspection. A copy of this inspection addendum may be provided to any inspector prior to the start of any inspection. NOTE: Inspections required by FHA, VA or lender do not eliminate the need for other inspections. We the undersigned have read and understand the information in the section above and agree by providing our initials. BUYER INITIAL M INITIAL SELLER INITIAL o,/W INITIAL 8:06 AM CST dotloop verified CHECK ONE 1. HOME INSPECTION a. [ ] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a home inspection, at the Buyer's expense by a qualified independent inspector, Or other specific inspection Inspection will be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before / / 2. Within days after b. [] Buyer has been afforded the opportunity to have a Home Inspection. However, Buyer hereby waives his/her right to to have a home inspection and relies upon his/her own determination as to the condition of said property. 2. RADON —(See IDPH pamphlet Iowa Radon Home -Buyers and Sellers Fact Sheet or visit w'ww.epa.gov/radon} a.[ ] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a Radon Inspection at Buyer's expense, to be performed by a licensed Radon Inspector. Inspection will be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before /�/ .2. Within days after b. '/,4( Buyer has been afforded the opportunity to have a Radon Inspection. However, Buyer hereby waives his/her right to to have a radon inspection and relies upon his/her own determination as to the condition of said property. dotloop signature verification: dt1p.us/4nTo-F3zu-WFYnn INSPECTION ADDENDUM PAGE�,�� ,..� PROPERTY ADDRESS �AR4;6' 1 Page 2 of 3 Pages Street City V State ZIP 3. WOOD DESTROYING PEST INSPECTION — "LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. [ ] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a Wood Destroying Pest Inspection at Buyer's expense, to be performed by a qualified Pest Inspector. Inspection will be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before _I_I .2. No later than days prior to closing b. [ ] Buyer is seeking a VA Loan which requires that Seller conduct a wood destroying Pest inspection at Seller's expense to be performed by a qualified Pest Inspector. Inspection will be completed, report received and delivered to Buyer who will, if needed, prepare a Response to Inspections Report. (CHOOSE ONE) 1. On or before—/ / . 2. No later than days prior to closing. c. V1 Buyer has been afforded the opportunity to have a Wood Destroying Pest Inspection. However, Buyer hereby waives his/her right to have a wood destroying pest inspection and relies upon his/her own determination as to the condition of said property. 4. WATER TEST (If Applicable) — "LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. [ ] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a water test performed by a qualified third party at Buyer's expense. Water test to be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before / / 2. No later than days prior to closing. b. ['] Buyer has been afforded the right to have a Water Test performed by a qualified third party. However, Buyer hereby waives his/her right to have a water test and relies upon his/her own determination as to the condition of said property. 5. SEPTIC INSPECTION (If Applicable) Iowa Code 455B.172 mandates the inspection of septic systems, unless exempt, prior to the transfer of property. The code applies to transfer of property which includes at least one but not more than four dwelling units. This property has a septic system and is not connected to a sanitary sewer system. a. [ ] With written acceptance of said Purchase Contract, Buyer shall require the Seller to provide the results of a Septic System Inspection performed by a DNR Certified Inspector. (CHOOSE ONE) 1. By / / . 2. No later than days prior to closing. b. [ ] Septic System Inspection will be completed by a certified DNR septic system inspector at Buyer's Expense, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. By �l I . 2. No later than days prior to closing. c. [ ] Buyer has been presented with satisfactory results of a Septic System Inspection conducted by a Certified Septic System Inspector within the appropriate two-year state mandated time frame. d. [ ] Illinois -Buyer has been afforded the right to have the septic system inspected by a qualified third party. However, Buyer hereby waives his/her right to have a septic system inspection and relies upon his/her own determination as to the condition of said property. e. N/A - Property not served by septic system or property is exempt from Septic Inspection. 6. LEAD -BASED PAINT (See EPA pamphlet Protect your Family from Lead in Your Home) a. [ ] This contract is contingent upon a risk assessment or inspection of the property for the presence of lead -based paint and/or paint hazards at the Buyer's expense with such inspection to be completed before 9:00 P.M. on the 10th calendar day after acceptance of the Purchase Contract. This contingency will terminate at the above predetermined deadline unless the Buyer, or Buyer agent, delivers to the Seller (or Seller agent) a written contract addendum listing the specific existing deficiencies and corrections needed, together with a copy of the inspection and/or risk assessment report. The Seller may, at the Seller's option, within days after delivery of the addendum, elect in writing whether to correct the condition(s) prior to settlement. If the Seller will correct the condition, the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement, If the Seller does not elect to make the repairs, or if the Seller makes a counter-offer, the Buyer shall have days after receipt to respond to the counter-offer or remove this contingency and take the property in "As -Is" condition or this contract shall become terminated. Intact lead -based paint that is in good condition is not necessarily a hazard. BUYER INITIAL PU INITIAL SELLER INITIAL INITIAL �E01/26/22 8:06 AM CST dodoop verified dotloop signature verification: dt1p.us/4nTo-F3zu-WFYnn INSPECTION ADDENDUM PAGE 3 �p PROPERTY ADDRESS �'� `1 l Street City 3 of 3 Pages State ZIP LEAD BASED PAINT (CON'T) b. [.] Buyer has been afforded the opportunity to have a Lead -based Paint Inspection. However, Buyer hereby waives his/her right to have a lead -based paint inspection and relies upon his/her own determination as to the condition of said property. 7. RIGHT TO CURE/REPAIR Seller has the right to cure/repair any defective condition discovered by inspections report except*: a. No exceptions apply, OR b. (fill in) *If Buyer has excepted an area or system from the right to cure/repair a defective condition by checking box "b" above and if an inspection describes a defective condition in the excluded area or system, this purchase contract shall be terminated, unless otherwise mutually agreed by the parties in writing. In the event that option "a" above has been selected such that no exceptions apply, the existence of a defective condition shall not constitute grounds for termination of the Purchase Contract if the Seller agrees to cure and/or repair said condition. THIS SECTION MUST BE READ, UNDERSTOOD AND INITIALED 8. RENOVATION, REPAIR, OR REPLACEMENT In the event any of the above inspections reveal a defective condition not previously disclosed, buyer will deliver to seller Response to Inspections Report, together with a copy of the complete inspection report(s), outlining what procedure, the Buyer will require the Seller to complete in order to remedy defective condition(s). If Buyer fails to respond within the required time, they agree to accept the property in "AS IS" condition and forfeit any right to terminate the Purchase Contract based on the terms outlined in the Inspection Addendum. Seller agrees to respond to Buyer on said Response to Inspection Report within calendar days after receiving the Inspection Report and Response to Inspection Form ECIAR-8 from Buyer. In the event Seller fails to respond as required then they agree to complete the above -mentioned procedures required by the Buyer and forfeit any right to terminate the Purchase Contract based on any terms outlined in the Inspection Addendum. BUYER INITIAL INITIAL SELLER INITIAL �tt7 INITIAL 8:06 AM CST dotloop verified Buyer and Seller hereby release Brokers and Salespersons from any liability relating to any defect or deficiency or inspection or disclosure affecting the property, said waiver shall survive the closing. The abo e shall be attache t a made part of said Purchase Contract dotloop verified Buyer , Date 1 I4�— elQSPX-XJB ler � �P� 01/26/228:06CST I — 4BGBQBQ-XPGD Buyer. Date 1 I Seller Date I I dotloop verified 4 p 01 /26/22 7:09 AM CST Agent Date + RBFM-EKQC-YTKS-C8CA / — ent ECIAR 7 V1120 © Copyright 2020 East Central Iowa Multiple Listing Service For Member Use Only dotloop signature verification: dtlp.us/1 LPa-JQwC-9FJc %LIES - ® o..o.. „,,, ECIAR 6 ADDENDUM TO PURCHASE CONTRACT (ATTACHED TO PURCHASE CONTRACT) Seller: Kris Neyen and Alexis Steger Buyer:Armina Odobasic Address of Property Being Purchased: 2247 Central Avenue, Dubuque, IA S2001 Address City State ZIP Date of Offer for Real Estate:01/26/2022 the undersigned Buyer and Seller hereby agree to the following: This purchase contract is null & void The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Purchase Contract. All other contract terms are to remain the same. I d =,eFM���w3�Ma d.fl-�ii�`sdnm csr ''`� s�M-auk-�vxazmzr� Agent genDate AvA� NOYs _w R-Q-ASN-G �,r ECIA oovrie t c East entral�F owa ultinle Listing Services. Inc. For Member use Univ dotloop signature verification: dtlp.us/MiSy-o4SJ-Pvwr lNLS ECIAR 3 EARNEST MONEY RETURN FOR TERMINATION OF PURCHASE CONTRACT The Buyer(s):Armina Odobasic And Seller(s): City of Dubuque agree to terminate the Purchase Contract dated01/26/2022 on the property located at:2247 Central Avenue, Dubuque, IA 52001 Address City State ZIP Check One of the Following: _aThe Buyer(s) hereby inform the Seller(s) in writing of the Buyer(s) termination of this Purchase Contract and Seller(s) agree to the termination. JZLThe Seller(s) hereby inform the Buyer(s) in writing of the Seller(s) termination of this Purchase Contract and Buyer(s) agree to the termination. This transaction is terminated and parties hereby authorize and direct that the earnest deposit amount of $500 shall be (Check One of the following) Returned to Buyer(s) Forfeited by Buyer(s) and given to the Seller(s) Other: Buyer(s) and Seller(s) release each other from all liability concerning this Purchase Contract. Buyer(s) and Seller(s) release all real estate agents, brokers, brokerages, independent contractors, and employees from all liability concerning this Purchase Contract. dotloop verified Qiyquy®L('j 02/16/22 11:57 AM CST MXLY-DSIX-POQF-AGWH dotloop verified 02/16/22 11:57 AM CST E5GY-ON2R-UJBT-5AEA THIS IS A LEGALLY BINDING CONTRACT. If not understood, consult with the lawyer of your choice. ECIAR 3 11/10 Copyright © 2010 East Central Iowa Multiple Listing Services, Inc. For Member Use Only STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION 1, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 02/11/2022 and for which the charge is 62.82 Subscribed to before me, a Notary Pu 'c in and for Dubuque County, Iowa, this I 1 th day of February, 2022 Notary Pu li in and for Dubuque Cou ty, Iowa. Emiro =JANEK. PAPE Number 154959, DEC 11, 2022 Ad text : CITY OF DUBUQUE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 21st day of February 2022, at 6:30 p.m. in the Historic Federal Building, 350 West Sixth Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to dispose of an interest in the following described real property by sale to Armina Odobasic: Lot 7 in Tivoli Addition in the City of Dubuque, Iowa, according to the recorded Plat thereof At the meeting, the City Council will receive in -person and virtual comments from any resident or property owner of said City to the above action. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerk's Office at 563-589-4100, ctyclerk@cityofdubuque.org. At said time and place of public hearings all interested citizens and parties will be given an opportunity to be heard for or against said proposal. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments received by the City Clerk's Office 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 Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Dated this 7th day of February 2022. Adrienne N. Breitfelder, City Clerk RESOLUTION NO, 49-22 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO ARMINA ODOBASIC SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns 2247 Central Avenue (the Property) legally described as: Lot 7 in Tivoli Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof; and WHEREAS, City acquired the Property for the purpose of its restoration and re -sale for owner -occupied housing; and WHEREAS, City received an offer to purchase the property from Armina Odobasic; and WHEREAS, by accepting the selected offer the Citys objectives of providing homeownership to an income qualified buyer and rehabilitation of a vacated home can be realized and is consistent with the Citys goal of creating opportunities for affordable home ownership. 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 Armin Odobasic for the sum of $162,000. Section 2. That the City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 21st day of February 2022 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 7th day of February, 2022. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne N. Breitfelder, City Clerk It 2/11