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Set Public Hearing for Disposition of City-Owned Property at 612 Lincoln Avenue_InitiateCopyrighted February 20, 2023 City of Dubuque Items to be set for Public Hearing # City Council Meeting 02. ITEM TITLE: Set Public Hearing for Disposition of City -Owned Property at 612 Lincoln Avenue SUMMARY: City Manager recommending City Council set a public hearing for March 6, 2023, to approve the disposition of 612 Lincoln Avenue to Affordable Housing Network, Inc. RESOLUTION 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 6, DISPOSITION: 2023Suggested Disposition: ATTACHMENTS: Description MVM Memo Disposition of 612 Lincoln - Staff Memo Disposition of 612 Lincoln - Resolution Type City Manager Memo Staff Memo Resolutions Disposition of 612 Lincoln - Public Hearing Notice Supporting Documentation Disposition of 612 Lincoln - Draft Purchase Agreement Supporting Documentation THE C Dubuque DUj!BQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Set Public Hearing for Disposition of City -Owned Property at 612 Lincoln DATE: February 15, 2023 Housing & Community Development Director Alexis Steger is recommending City Council set a public hearing for March 6, 2023, to approve the disposition of 612 Lincoln Avenue to Affordable Housing Network, Inc. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Alexis Steger, Housing & Community Development Director Maddy Haverland, Urban Development and Housing Rehabilitation Project Manager THE C Dubuque DUUB%FE i �"�'cac III � Masterpiece on the Mississippi ..... To: Michael C. Van Milligen, City Manager From: Alexis M. Steger, Housing & Community Development Director Subject: Set Public Hearing for Disposition of City -Owned Property at 612 Lincoln Date: February 6, 2023 INTRODUCTION The purpose of this memorandum is to request that City Council set a Public Hearing for March 6, 2023, for the purpose of disposing of City -owned real property located at 612 Lincoln Ave. BACKGROUND The City of Dubuque acquired the property at 612 Lincoln Avenue by petition for title of abandoned property in June 2022. It is a three -bedroom, two -bathroom house with a fenced rear yard, located across the street from Audubon Elementary School. Affordable Housing Network, Inc. (AHNI) has requested to acquire the property from the City for the purpose of rehabilitating it and selling to a low -mod income first-time homebuyer, as part of their contract with the City to rehab and sell homes. RECOMMENDED ACTION I respectfully request the City Council schedule a public hearing for March 6, 2023, approving the disposition of 612 Lincoln Avenue to Affordable Housing Network, Inc. Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project Manager Prepared by Maddv Haverland Housing & Community Devel 350 W 6" St Suite 312 Telephone: (563) 690 6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 51-23 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 612 Lincoln Avenue (the Property) legally described as: Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City acquired the property through petition for title to abandoned property; and Whereas, it is the recommendation of the Housing and Community Development Department to approve the purchase agreement for the sale to Affordable Housing Network, Inc. according to the terms and conditions set out in the purchase agreement in the public interest of the City of Dubuque. 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 approve the purchase agreement of the above described real estate to Affordable Housing Network, Inc. Section 2. That the City Council shall conduct a public hearing on the proposed purchase agreement in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 6th day of March, 2023, beginning at 6:30 PM. Section 2. 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 20th day of February 2023. Attest rac(M. Cayaxt h, Mayor / � xv, Adrienne N. Breiffelder, City Clerk CITY OF DUBUQE, 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 6th day of March 2023, 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 Darnell Meekins: Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook's Addition to the City of Dubuque, Iowa, according to the recorded plat thereof locally known as 612 Lincoln Ave. 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. 13tn 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. Dated this 20th day of February 2023 Adrienne N. Breitfelder, City Clerk OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: City of Dubuque, Iowa, a municipal corporation (Seller) SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance agrees to sell the real estate (Real Estate) situated in Dubuque, Iowa, locally known as 612 Lincoln Avenue, Dubuque, IA 52001 and legally described as: Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook's Addition to the City of Dubuque, Iowa, 1850, according to the recorded plat thereof. legal description to be confirmed per continued abstract per Section 10, together with any easements and appurtenant servient estates, but subject to the following: a. any easements of record for public utilities or roads, b. any zoning restrictions and other ordinances, and c. any covenants of record. SECTION 2. PURCHASE PRICE. The purchase price shall be one dollar ($1.00). SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable for prior years. Seller shall also pay real estate taxes prorated through the date of closing. Buyer shall pay all subsequent real estate taxes due and payable after the date of closing. SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this Offer. All other special assessments shall be paid by Buyer. SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Real Estate 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 destruction 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. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time of possession is delivered to Buyer, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be required to repair or replace same. SECTION 7. POSSESSION AND CLOSING. 7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on or before April 1, 2023, or such earlier date as the parties may agree in writing, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 7.2 Closing shall occur after the approval of title by Buyer and vacation of the Real Estate by Seller, but prior to possession by Buyer. Seller agrees to permit Buyer to inspect the Real Estate within seventy-two (72) 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. 7.3 This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and receipt of all funds then due at closing from Buyer under the Agreement. SECTION 8. 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. SECTION 9. FIXTURES. Included with the Real Estate shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. Also included shall be the following: N/A. The following items shall not be included: N/A. SECTION 10. ABSTRACT AND TITLE. Seller, at its expense, shall promptly obtain an abstract of title to the Real Estate and deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. 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 party rescinds the Agreement after giving ten (10) days written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or Seller's assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. SECTION 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Special Warranty Deed, free and clear of all liens, restrictions, and encumbrances, except as provided in this agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 2 SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. This agreement shall survive the closing. SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND REVIEW. Real Estate deeded herein is taken in "as is" condition with no guarantees or warranties express or implied. SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the date of closing be free and clear of all liens, security interests, and encumbrances. SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no party has a lease to or other occupancy or contract right in the Real Estate which shall in anyway be binding upon the Real Estate. 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 for the Real Estate. This covenant shall survive the closing. SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. SECTION 17. CERTIFICATION. Buyer and Seller each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked 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 engaged 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 party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to breach of the foregoing certification. SECTION 18. REMEDIES OF THE PARTIES. 18.1 If Buyer fails to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty (30) days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty (30) days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. 18.2 If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to it. 18.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and 3 attorney fees as permitted by law. SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. SECTION 20. NOTICE. Any notice under this agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Affordable Housing Network, Inc. 5400 Kirkwood Boulevard SW Cedar Rapids, IA 52404 City of Dubuque Attn: Alexis Steger 50 W. 13t" Street Dubuque, IA 52001 SECTION 21. TIME IS OF THE ESSENCE. In the performance of each part of this agreement, time shall be of the essence. SECTION 22. TIME FOR ACCEPTANCE. When accepted, this agreement shall become a binding contract. If this Offer is not accepted and delivered to Buyer on or before 5:00 p.m. on March 2, 2023, this agreement shall be null and void and all payments shall be returned immediately to the Buyer. SECTION 23. ENTIRE AGREEMENT. This agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. 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. I.9 x01IQ Ll llpmwell 9:I4:aa:191T/ 6*1If] ► 61 25.1 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 Offer, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. 25.2 The Real Estate will have a restrictive covenant filed indicating the property must remain a single family owner -occupied home for twenty-one (21) years. Cd SELLER CITY OF DUBUQUE, IOWA Brad M. Cavanagh, Mayor BUYER AFFORDABLE HOUSING NETWORK, INC. Printed Name: Dated: Dated: