Public Hearing for Sale of City-Owned Property at 612 Lincoln Avenue_REMOVED FROM MEETING Copyrighted
March 6, 2023
City of Dubuque Public Hearings # 02.
City Council Meeting
ITEM TITLE: Public Hearing for Sale of City-Owned Property at 612 Lincoln Avenue
SUM MARY: Proof of publication on notice of public hearing to consider City Council
approve the disposition of 612 Lincoln Avenue to Affordable Housing
Network, I nc. 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 and authorize the Mayor to execute the purchase
agreement, and City Manager recommending approval.
RESOLUTION Disposing of City interest in real property at 612 Lincoln,
in the City of Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Public Hearing for Sale of 612 Lincoln - Staff Memo Staff Memo
Public Hearing for Sale of 612 Lincoln - Resolution Resolutions
612 Lincoln Purchase Agreement Supporting Documentation
612 Lincoln Special Warranty Deed Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Public Hearing for Sale of City-Owned Property at 612 Lincoln
DATE: March 2, 2023
Housing & Community Development Director Alexis Steger is recommending City
Council approve the disposition of 612 Lincoln Avenue to Affordable Housing Network,
Inc. 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 and authorize
the Mayor to execute the purchase agreement.
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
Dubuque
THE CITY OF �
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To: Michael C. Van Milligen, City Manager
From: Alexis M. Steger, Housing & Community Development Director
Subject: Public Hearing for Sale of City-Owned Property at 612 Lincoln
Date: February 21, 2023
INTRODUCTION
The purpose of this memorandum is to request that City Council hold a Public Hearing
for the purpose of disposing of City-owned real property located at 612 Lincoln Avenue.
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.
To date, AHNI has acquired and rehabilitated:
• Five (5) single-family homes and sold them to low/mod-income first-time home
buyers, and one (1) currently under construction,
• One (1) owner-occupied duplex that was sold to a low/mod-income first-time
homebuyer,
• Two (2) duplexes that AHNI maintains and manages as rental units for low/mod-
income households.
RECOMMENDED ACTION
I respectfully request the City Council hold a public hearing and authorize the Mayor to
execute the purchase agreement for 612 Lincoln Avenue as presented.
Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project
Manager
RESOLUTION NO. -2023
DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 612 LINCOLN, IN THE
CITY OF DUBUQUE, IOWA.
Whereas, the City Council, by Resolution No. 51-23, dated February 20, 2023,
declared its intent to dispose of City interest in real property located at 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, lowa, according to the recorded plat thereof; and
Whereas, pursuant to published notice, a public hearing was held on the
proposed disposition on March 6, 2023, at 6:30 p.m. in the Historic Federal Building,
350 W. 6th Street, Dubuque, lowa; and
Whereas, it is the determination of the City Council that approval of the purchase
agreement for the sale to Affordable Housing Network, Inc. according to the terms and
conditions set out in the purchase agreement is 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. The purchase agreement by and between the City of Dubuque and
Affordable Housing Network, Inc. for the sale of the Property, a copy attached hereto, is
hereby authorized to be executed by the Mayor.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute a Special Warranty Deed, conveying the City's interest in the Property to
Affordable Housing Network, Inc.
Section 3. That the City Clerk is hereby authorized and directed to cause said
Special Warranty Deed to be delivered to the City Attorney's Office, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 6th day of March 2023.
Attest Brad M. Cavanagh, Mayor
Adrienne Breitfelder, City Clerk
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO : City of Dubuque , lowa , a municipai 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 , lowa , 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 , lowa , 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 i
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
nuli 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.
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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 f,
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, lowa law, and title
standards of the lowa 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
lowa 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.
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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. Reai 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 aileged
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 Iaw, order, rule or regulation that is enforced or I
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
lowa 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 dedare ,
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 Seiler 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
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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 , i
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. 13th 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 I�
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. ',
SECTION 25. OTHER PROVISIONS.
25 . 1 This agreement is subject to the final approval of the City Council of the City of
Dubuque , lowa in its sole discretion . If the City Council of the City of Dubuque , lowa 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 .
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SELLER BUYER
CITY OF DUBUQUE, IOWA AFFORDABLE HOUSING NETWORK, WC . ',
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Brad M . Cavanagh , Mayor Printed a =' }
Dated : Dated : y � f ;���> � %L% Z,�
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Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Tax Statement to:
Affordable Housing Network, Inc.
5400 Kirkwood Boulevard SW
Cedar Rapids, IA 52404
SPECIAL WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, lowa, a
municipal corporation of the State of lowa (Grantor), in consideration of one dollar
($1.00) and other good and valuable consideration, and pursuant to the authority of
Chapter 403, Code of lowa, does hereby GRANT, SELL, AND CONVEY unto
Affordable Housing Network, Inc., an lowa non-profit corporation, the following legally
described real estate situated in the County of Dubuque, State of lowa, to wit (the
Property):
Southwesterly Half of Lot 53 and Lot 1 of Lot 54 in Cook's Addition to the City of
Dubuque, lowa, 1850, according to the recorded plat thereof
(612 Lincoln Avenue)
This Deed is exempt from transfer tax pursuant to lowa Code Section 428A.2(6).
There is no known private burial site, well, solid waste disposal site, underground
storage tank, hazardous waste, or private sewage disposal system on the
property as described in lowa Code Section 558.69, and therefore the
transaction is exempt from the requirement to submit a groundwater hazard
statement.
This Deed is given pursuant to the authority of Resolution No. of the City
Council of the City of Dubuque adopted the 6t" day of March, 2023, the terms and
conditions thereof, if any, having been fulfilled.
Grantor hereby covenants to warrant and defend the said premises against the
lawful claims of all persons whomsoever claiming by, through and under it.
Dated this day of , 2023 at Dubuque, lowa.
CITY OF DUBUQUE IOWA
By:
Brad M. Cavanagh, Mayor
Attest:
By:
Adrienne Breitfelder, City Clerk
STATE OF IOWA )
) SS
COUNTY OF DUBUQUE )
On this day of , 2023, before me a Notary Public in and
for said County, personally appeared Brad Cavanagh and Adrienne BreitFelder to me
personally known, who being duly sworn, did say that they are the Mayor and City
Clerk, respectively of the City of Dubuque, lowa, a Municipal Corporation, created and
existing under the laws of the State of lowa, and that the seal affixed to the foregoing
instrument is the seal of said Municipal Corporation, and that said instrument was
signed and sealed on behalf of said Municipal Corporation by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the
free act and deed of said Municipal Corporation by it voluntarily executed.
Notary Public in and for Dubuque County, lowa