Set Public Hearing for Sale of City-Owned Lot at 590 Clarke Drive Copyrighted
May 1, 2023
City of Dubuque Items to be set for Public Hearing #
City Council Meeting 03.
ITEM TITLE: Set Public Hearing for Sale of City-Owned Lot at 590 Clarke Drive
SUM MARY: City Manager recommending City Council set a Public Hearing for May
15, 2023 for the purpose of disposing of City-owned vacant lot located at
590 Clarke Drive.
RESOLUTION Intent to dispose of an interest in City of Dubuque real
estate to Ry Meyer, 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 May 15,
DISPOSITION: 2023Suggested Disposition:
ATTACHMENTS:
Description Type
MVM Memo City Manager Memo
Disposition of 590 Clarke SPH - Staff Memo Staff Memo
Disposition of 590 Clarke SPH - Resolution Resolutions
Disposition of 590 Clarke SPH - Public Notice Supporting Documentation
Disposition of 590 Clarke -Accepted Offer Supporting Documentation
Dubuque
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Set Public Hearing for Sale of City-Owned Lot at 590 Clarke Drive
DATE: April 26, 2023
Housing & Community Development Director Alexis Steger is recommending City Council set
a Public Hearing for May 15, 2023 for the purpose of disposing of City-owned vacant lot
located at 590 Clarke Drive.
The property at 590 Clarke Drive was acquired by the City of Dubuque by petition for title to an
abandoned property on August 27, 2021, after a fire destroyed the previous structure in April
2021.
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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Masterpiece an the Mississippi ,��;.��,,.,�13:,�,;
To: Michael C. Van Milligen, City Manager
From: Alexis M. Steger, Housing & Community Development Director
Subject: Set Public Hearing for Sale of City-Owned Lot at 590 Clarke Drive
Date: April 24, 2023
INTRODUCTION
The purpose of this memorandum is to request that City Council set a Public Hearing for
May 15, 2023 for the purpose of disposing of City-owned vacant lot located at 590
Clarke Drive.
BACKGROUND
The property at 590 Clarke Drive was acquired by the City of Dubuque by petition for
title to an abandoned property on August 27, 2021, after a fire destroyed the previous
structure in April 2021.
DISCUSSION
This lot is zoned C-1 and was originally for sale for $20,000 in August 2022 as a
commercial lot, with no offers received.
On April 20, 2023, the property was listed for sale as a residential lot, after confirming
with Planning Services Manager, Wally Wernimont, that constructing a single-family
home is an approved use of this lot. It was listed again for $20,000.
On April 24, 2023, we received two offers for this property. One was a cash offer of
$6,000. The second offer was a cash offer for the full asking price of$20,000. After
review by Housing and Community Development Department Director, Alexis Steger,
the prevailing offer was the full-ask offer of$20,000 submitted by Ry Meyer.
RECOMMENDED ACTION
I respectfully request the City Council schedule a public hearing for May 15, 2023,
approving the purchase agreement of 590 Clarke Drive as presented.
Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project
Manager
RESOLUTION NO. 128-23
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO
RY MEYER, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR
THE PUBLICATION OF NOTICE THEREOF
Whereas, the City of Dubuque, Iowa (City) owns 590 Clarke Drive (the Property)
legally described as:
Lot 8, except the Southerly 50 feet thereof, as conveyed by Warranty Deed
recorded in Book 148TL, Page 269, and, except that part conveyed by Warranty
Deed 792-1998, in J.P. Porter's Addition to Dubuque, in the City of Dubuque,
Iowa, according to the recorded plat thereof; and
Whereas, the City acquired the property by petition for title to abandoned
property, which was awarded on August 27, 2021; and
Whereas, it is the recommendation of the Housing and Community Development
Department to approve the purchase agreement for the sale to Ry Meyer 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 Ry Meyer.
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 15th day of May 2023, beginning at 6:30 PM.
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 1st day of May, 2023.
Brad . Cav , Mayor
Attest:
Trish Gleason, Assistant City Clerk
CITY OF DUBUQE, 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 May 2023, 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 Ry Meyer:
Lot 8, except the Southerly 50 feet thereof, as conveyed by Warranty Deed
recorded in Book 148TL, Page 269, and, except that part conveyed by
Warranty Deed 792-1998, in J.P. Porter's Addition to Dubuque, in the City of
Dubuque, lowa, according to the recorded plat thereof,
locally known as 590 Clarke Drive.
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.
13cn 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 1 st day of May 2023.
Adrienne N. Breitfelder, City Clerk
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� M�s � � COUNTER-OFFER ECIAR 4
COUNTER-OFFER N0.1 BY(Check One) ❑BUYER�SELLER
L The Purchase Contract dated 04/21/2023 and signed by Buyer Ry Meyer
2.for purchase of real estate at 590 Clarke Drive,Dubuque,IA 52001
3. is rejected and the following Counter-0ffer is hereby made. All terms and conditions remain the same as stated in the Purchase
4. Contract except the following: [CAUTION: This Counter-Offer does not include the terms or conditions in any other Counter
5.Offer unless incorporated by reference.]
6.PRICE TO BE: $20,000 Other changes and/or additions:Closing and settlement to June 6th 2023
7.
8.
9.
10.
11.
12.
13.
14.
15.
16.Any Warranties,covenants and representations made in this Counter-Offer survive the closing of this transaction. This
17.Counter-Offer is binding upon the Seller and Buyer only if a copy of the accepted Counter-Offer is delivered to the Party
18.making the Counter-Offer on or before 04/28/2023 ,Time 12 ,Q A.M.�P.M. (Time is of the essence). Delivery of
19.the accepted Counter-Offer may be made in any manner specified in the Purchase Contract,unless otherwise provided in
20.this Counter-Offer.
21.RIGHT TO ACCEPT OTHER OFFERS: This Counter-Offer may be withdrawn by ofFeror at any time prior to
22.norification,delivery and acceptance of this Counter-0ffer,without liabiliry on the part of either party or the real estate
23.agent(s)involved. Offeror reserves the right to withdraw this Counter-0ffer by notifying other parry of the withdrawal
24.prior to acceptance of his counter-0ffer. Seller or Buyer may accept other offers only after properly withdrawing this
25.Counter-Offer with delivery and notification of withdrawal. Seller may continue to receive offers and take backups offers,up to
26.the time of settlement, and may continue to show the property.
27.This Counter-Offer was drafted by_Lacey Mears-Ruhl&Ruhl on 04/24/2023
Agent and Firm
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(Signature of Party Making Counter-Offer) (Signature of Party Making Counter-Offer)
29.This Counter-Offer Was presented by_Terry Duggan/Duggan on_04/24/2023
Agent and Firm
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(Signature of Party Accepting Counter-0ffer) (Signature of Party Accepting Counter Offer)
31.This Counter-Offer is(check one) �REJECTED �COUNTERED: Party's INITIAL�Party's INITIAL�
32.NOTE: Provisions from a previous Counter-Offer may be included by reproduction of the entire provision or incarporation
33.by reference.Provisions incarporated by reference may be indicated in the subsequent Counter-0ffer by specifying the
34.Number of the provision or the lines containing the provision.
35.NOTE: Number this Counter-Offer sequentially, e.g. Counter-Offer No. 1 by Seller,Counter-Offer 2 by Buyer,etc.
ECIAR 4 7/10 OO Copyright 2010 East Central Iowa Multiple Listing Service For Member Use Only
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I � "'� Q ECIAR 9 Page 1 of 3 Pages
AGENCY/POLICY DISCLOSURE AND DUAL AGENCY POTENTIAL/CONSENT AGREEMENT
REQUIRED TO BE PROVIDED TO EACH PARTY IN A TRANSACTION
(Should be presented at earliest possible convenience-must be signed by Seller or Buyer prior to making or reviewing an Offer)
When you enter into a discussion with a Brokerage(and their affiliated real estate licensees)regarding a real estate transaction,you should
understand how the Brokerage is representing each party in the transaction.More importantly,you should understand how that agency
relationship impacts your relationship with the licensee. The term"Broker"or`Brokerage"shall hereinafter refer to:(Brokerage/firm)
Duggan-Iowa Realty ,and Brokerage's a�liated licensees(brokers and salespersons).
The term"Seller" shall hereinafter refer to seller,landlord or optionor.The term"Buyer" shall hereinafter refer to buyer,tenant or
optionee. A"Client"is a party to a transaction who has an agency agreement with a broker for brokerage services.A"Customer"means
a consumer who is not being represented by a licensee but for whom the licensee may perform ministerial acts.
A.TYPES OF AGENCY REPRESENTATION AND THE POLICY BROKERAGE MAY ELECT UNDER EACH.
Prior to Buyer or Seller giving confidential information they should understand a variety of representation options exist in real estate transactions.
Below are a list of representation options available and the policy Brokerage may elect in regard to each.Brokerage will provide a separate
Agreement establishing which agency relationship is offered to Buyer or Seller.
Brokerage has "checked" the appropriate box(es)for the policy that applies to Brokerage:
❑1.SELLER AGENCY.Single Seller Agency exists when Brokerage and Seller enter into a real estate"Exclusive Listing Agreement'and the
property is sold to a"Customer"of a different real estate company.Brokerage and Broker's affiliated licensees'policy is to represent the Seller as
a"Client"in this case.In Single Seller Agency,Broker does not also represent the Buyer in the transaction.
�2.BUYER AGENCY.Single Buyer Agency exists when Brokerage and Buyer enter into a"Buyer Agency Agreement"and Brokerage or
an affiliated licensee assist Buyer in writing an offer to purchase property and the property is listed with a different real estate company ar
offered by owner.Brokerage and Broker's affiliated licensees'policy is to represent Buyer as a"Client"in this case.In this type of agency
representation Broker may receive compensation for the transaction from the listing real estate company pursuant to a cooperation agreement
between the two companies. In Single Buyer Agency,Broker does not also represent the Seller in the transaction.
03.APPOINTED/DESIGNATED AGENCY.
a.Appointed/Designated Seller Agency exists when Brokerage appoints/designates an affiliated licensee,the listing agent,to act on
Seller's(Client's)behalf to the exclusion of all other affiliated licensees of Brokerage.
b.Appointed/Designated Buyer Agency exists when Brokerage appoints/designates an affiliated licensee,the selling agent,to act on
Buyer's(Client's)behalf to the exclusion of all other affiliated licensees of Brokerage.
c.In the event an Appointed/Designated Licensee personally represents both Seller and Buyer in the same transaction,that
Appointed/Designated Agency is considered to be a Consensual Dual Agency(see 4.below).
❑4.CONSENSUAL DUAL AGENCY.
a.When Brokerage(or an Appointed Seller or Buyer Agent,as defined in 3a.and 3b.above)both lists and sells the property,it is the
policy of Brokerage and Brokerage's affiliated salespersons to represent both Seller and Buyer as a Consensual Dual Agency.Under
this circumstance,before signing an offer to buy or accepring an offer to buy,please see the"Dual Agency Consent Agreement"for
detailed information as to the duties of Brokerage to Seller and Buyer,as well as procedures to be followed.
b.When Brokerage and Buyer enter into a'Buyer Agency Agreement",whether exclusive or non-exclusive,and Brokerage or an
affiliated salesperson assist Buyer in writing an offer to purchase property and the property is also listed with Brokerage,it is the policy
of Brokerage to represent both the Seller and Buyer as a Consensual Dual Agency.Under this circumstance,before signing an offer to
buy or accepting an offer to buy,please see the"Dual Agency Consent Agreement°for detailed information as to the duties of
Brokerage to Seller and Buyer,as well as procedures to be followed.
c.Representing more than one party to a transaction can create a conflict of interest since both"Clients"may rely on the Licensee's
advice. Buyer and Seller are not required to consent to dual agency.
❑5. If not already in a written Agency Relarionship with a brokerage,a person(s),partnership,or company(buying or selling)may represent
themselves in a transaction.If a Buyer ar Seller elects to represent themselves in a transaction,it is the policy of Brokerage to treat that Buyer or
Seller as a"Customer"and not as a"Client"."Clients"are responsible for commission which may be owed as to the terms and conditions of
previously agreed contracts.Under this circumstance,before signing an offer to buy or accepting an offer to buy,please see the"Self
Representation Agreement"for detailed information as to the duties of Brokerage to Seller and Buyer,as well as procedures to be followed.
B.DUTIES OF A REAL ESTATE LICENSEE TO ALL PARTIES TO THE TRANSACTION.
In providing brokerage services to all parties to a transaction,"Client"and"Customer"alike,a licensee(the Brokerage and its broker associates
And salespersons),regardless of the type of agency representation agreed to,shall do all of the following:
1.Provide brokerage services to all parties to the transaction honestly and in good faith.
2.Diligently exercise reasonable skill and care in providing brokerage services to all parties.
3.Disclose to each party all material adverse facts(i.e.significant defects ar negative circumstances)that the licensee knows except:
a.Material adverse facts known by the party.
b.Material adverse facts the party could discover through a reasonably diligent inspection and which would be discovered by a reasonably
prudent person under like or similar circumstances.
c.Material adverse facts the discloswe of which is prohibited by law.
d.Material adverse facts that are known to a person who conducts an inspection on behalf of the party.
4.Account for property coming into the possession of a licensee that belongs to any party within a reasonable time of receiving the property.
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AGENCY/POLICY DISCLOSURE AND DUAL AGENCY CONSENT AGREEMENT(Continued) Page 2 of 3 Pages
C.DUTIES OF A REAL ESTATE LICENSEE TO A CLIENT.
A licensee providing brokerage services to a client,regardless of the type of agency representation agreed to,shall do all of the following:
1.Place the client's interests ahead of the interests of any other party,unless loyalty to a client violates the licensee's duties under provisions
of the Iowa Code(such as with Appointed Agency or Consensual Dual Agency)or any other applicable law.
2.Disclose to the client all information known by the licensee that is material to the transaction and that is not known by the client or could
not be discovered by the client through a reasonably diligent inspection.
3.Fulfill any obligation that is within the scope of this Agency Disclosure,except those obligations that are inconsistent with other duties
that the licensee has under the Real Estate Brokers and Salespersons provisions of the Iowa Code or any other law.
4.Keep their client(s)confidential information confidential unless they have written permission to reveal.
5.Disclose to a client any financial interests the licensee or the brokerage has in any company or business entity to which the licensee or
brokerage refers a client for any service or product related to the transaction.The client is not obligated to use any such recommended
company,and may select a different company.NOTE:Broker/Licensee(circle applicable)has a financial interest in or an affiliate
relationship with the following companies or business entities:
D.DESCRIPTION OF BROKER'S SERVICES.
Broker may do the following far Sellers and Buyers:(1)Assist Buyer with financing qualification guidelines,(2)Provide helpful information
about the properry and area;(3)Respond accurately to questions about the property;(4)Disclose all material facts about the properry that are
known to Broker;(5)Disclose financial qualifications of the Buyer to the Seller;(6)Explain real estate terms and procedures;(7)Explain to
Seller and Buyer the benefits of having the property inspected;(8)Explain closing costs and procedures;(9)Help the Seller and Buyer
compare financing alternatives,(10)Provide information about comparable properties so Seller and Buyer may make an informed decision on
what price to accept and/or offer;(11)Assist with all standard forms,including those that include the necessary protection and disclosures far
the Seller and Buyer;and,(12)Work diligently to facilitate the sale and closing.(13)Keep their client(s)confidential information confidential
unless they have written permission to reveaL The preceding list of services is not intended to be all inclusive,nor will all services listed be
necessary in every case.Licensees are not required to answer questions outside of the scope of their real estate license.NOTE:Broker neither
offers sub agency to,nor accepts sub agency from,other brokerage companies.
E.GUIDELINES FOR SELLER AND BUYER.
If you are the"Customer"in the transaction,you are advised not to disclose your negotiating position about such things as whether you as
Seller would take less than the asking price,ar you as Buyer are willing to pay more than the price you offer.Except for information required
to be disclosed,if you as either a"Client"or a"Customer",have reason to believe any confidential information,such as your financial status,
motivation to sell or buy as well as other personal information will adversely affect your negotiating position,this should not be disclosed to
anyone.Each party to the transaction has the responsibility to protect their own interests.
ACKNOWLEDGEMENT
The undersigned have read this disclosure and understand the type of representation which may be provided by Broker.The undersigned
acknowledge receipt of a copy of this agency disclosure. This is not a contract;rather it is intended to be only a disclosure notice.Signing
of the disclosure does not obligate you in any way. If you do not understand this document,seek the advice of the legal counsel of your
choice,before signing.This document is not a Buyer Broker or Listing Agreement.
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REQUEST TO COMPLETE FORM DOCUMENTS
Buyer/Seller request that Broker select prepare and complete form documents as authorized by Iowa Law or Rule.
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BUyC �O� ZKDK-WZN-FHWB-HWPM `dte Selle ate
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Page 3 of 3 Pages
AGENCY/POLICY DISCLOSURE AND DUAL AGENCY POTENTIAL/CONSENT AGREEMENT(Continued)
DUAL AGENCY POTENTIAL/CONSENT AGREEMENT (For in-house showings/sales when Seller&Buyer are"clients")
F.DUAL AGENCY POTENTIAL should be completed by Seller/Buyer to acknowledge the Potential for Dual Agency.This
consent should be done before engaging in any activities of a dual agent.(i.e.Before showing any client's property or
acquiring confidential information.)
1. DUAL AGENCY POTENTIAL. Seller,or Buyer acknowledge that in order for(Broker/Agent)
Duggan-Iowa Realty Terry Duggan Listing(s)to be exposed to all Buyer clients of
Brokerage,the potential for dual agency exists. Seller or Buyer understand that,in the process of searching for all property
meeting the needs of Buyer,Buyer may want detailed information about,and to possibly see property of Seller clients of
Brokerage, and therefore a potential for dual agency exists. Seller or Buyer acknowledges that when Brokerage presents
detailed informarion or shows a Seller client's properry to a Buyer client,that Brokerage is immediately a dual agent,
undertaking a Consensual Dual Agency representation.
Buyer (❑agrees) (❑does not agree) to the Potential for Dual Agency representation.
Seller (Dagrees) (❑does not agree) to the Potential for Dual Agency representation
Buye ate: Selle te:
Buye ate: Selle te:
If Brokerage becomes a Dual Agent for Property,Seller/Buyer shall need to read,confirm and agree to Dual Agency
Consent for the Representation by completing PART G prior to any Offer for Real Estate.
Brokerage and both the Buyer AND Seller acknowledge and Consent to Dual Agency prior to offer.
G.DUAL AGENCY CONSENT
Property 590 Clarke Dr,Dubuque,IA 52001
Address City State: ZIP
1. The Seller and Buyer acknowledge that Broker is undertaking a Consensual Dual Agency representation in the sale of
The above specific property. Seller and Buyer have previously been informed of the potential of a dual agency.
2. Termination of Negotiations or sale.In the event Seller and Buyer do not enter into an agreement for the purchase and
sale of Seller's property to Buyer,ar they do enter into an agreement and the sale does not close,the dual agency role of
Broker under this Agreement shall be deemed by all parties to have been terminated.Broker will then become the agent of
each, Seller and Buyer,on the terms and condirions previously agreed upon.
I(we)have read and understand this agreement and acknowledge receipt of a copy. Buyer and Seller are each encouraged to consult
with their own legal counsel.
Buyer ate: Seller
Buyer ate: Seller
Buyer Agent Seller Agent
ECIAR 9 Revised 9/24/21 �O Copyright 2022 East Central Iowa Multiple Listing Service -For Member use Only
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I�"{is . Q ECIAR 1
PURCHASE CONTRACT Page 1 of 4 Pages
THIS IS A LEGAL BINDING DOCUMENT.IF NOT UNDERSTOOD SEEK LEGAL ADVICE
DATE OF OFFER04/21/2023
AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION
L This document is prepared by:Duggan-Iowa Realty Terry Duggan AS AGENT FOR
firm name/agent name
2. (Check one) ❑Seller Exclusively�Buyer Exclusively❑Both 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. Lead Base Paint Disclosure Seller Disclosure of Property Condition
9. Inspection Addendum Sale Contingency
10. Addendum to Purchase Rental Addendum
1L IL Radon Disclosure Other pocuments/Attachments/Legal Description:
12.
13.OFFER TO:City Of Dubuque,Iowa (herein designated as SELLER)
Seller Names
14. The undersignedRy Meyer (herein designated as BUYER)
Buyer names
15. Hereby propose to purchase your property known as:590 Clarke Dr Dubuque
Address City
16. IA,52001 Parcel#(s)_1024153009
State ZIP
17.and agrees to pay you the sum of:
18. $$20,000.00 as follows: $$1,000 earnest money delivered within 3 days of acceptance,to be held in trust by
19.(select one) Listing Broker or, ❑other
20.In the event of satisfaction of both Buyer and Seller contingencies herein,the earnest money deposits and balance of the purchase
21.price shall be delivered to Seller at settlement. In the event either Buyer or Sellers' contingencies or obligations herein are not
22. satisfied,the earnest money shall be distributed in accordance with the paragraph entitled"Remedies of the Parties".
23. ALL USUAL COSTS INCURRED IN SECURING SUCH MORTGAGE SHALL BE PAID BY THE BUYER EXCEPT:SELLER TO PAY UP TO
24. $ TOWARD BUYERS CLOSING COSTS AND PREPAID ITEMS.
25.OTHER TERMS/CONTINGENCIES
26.
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. ❑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 �ConventionalInsured
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 _(%)percent(or)$_ INTEREST RATE not to exceed: % per annum
40.TERM OF MORTGAGE/LOAN years. DATE FOR FINANCING CONTINGENCY RELEASE: ,Or
41.Within days after_ .
42.If Buyer does not make timely delivery of said contingency release by lender approval/commitment letter or Buyer signed
43. release,then Seller may terminate this offer by written notice to Buyer.
44.PRE-APPROVAL LETTER(check one)❑attached❑delivered by ❑Other
BUYER INITIAL� INITIAL� SELLER INITIALJ�/,�'�INITIAL�
_�
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Page 2 of 4 Pages
PROPERTY590 Clarke Dr,Dubuque,IA 52001
Address City State ZIP
45.Broker may continue to offer and show the property for sale and Seller may accept backup offers until settlement.
46. SETTLEMENT. Settlement shall occur and legal possession shall be given on or before Date:05/12/2023 Or,
47.Within days after the
48. OCCUPANCY.Occupancy shall be given to Buyer(choose one)�at settlement,or❑Date:05/12/2023
49.THIS AGREEMENT IS ALSO SUBJECT TO THE FOLLOWING 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 funds 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 rime 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' associarion 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 martgage to Seller,the insurance proceeds shall be beld 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
82. 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
84. 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� INITIAL� SELLER INITIALJ7�� (,6' � INITIAL�
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Page 3 of 4 Pages
PROPERTY 590 Clarke Dr,Dubuque,IA 52001
Address City State
92.DUTIES OF PARTIES:
93. Seller and Buyer acknowledge and agree that REALTOROO/Broker(s),its affiliated licensees and employees:
94.must respond to all quesrions 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
lOS.inspecrion for termites,drainage,water and soil conditions,adequacy of structure 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
lll.representation 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 properry 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.sha11 be treated as a ritle 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.If Buyer fails to fulfill this agreement, Seller has the right to terminate the contract, all payments by Buyer may be forfeited and
133.retained 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.the 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,ar 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 properry,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.mineral 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�/,�� INITIAL�
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Page 4 of 4 Pages
PROPERTY590 Clarke Dr,Dubuque,IA 52001
Address City 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.GENERAL 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 communicarion or certified mail.Persons designated for receipt or to
158.give any norice 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 properry 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.parry 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 effect through the settlement.
172.DAYS DEFINITION.For the purpose of this contract and any attached documents the term"days"means calendar days,
173.unless otherwise stated.
174 If this offer is not accepted by Seller on or before ❑a.m.or�i.m.Date:04/26/2023 the offer shall
175.become null and void and earnest money returned to Buyer without liability on the part of said Agent(s)to either
176.party.
177.This offer was presented to Seller by Lacey Mears at 11 �a.m.ar❑p.m. Date: 04/24/2023
178.The foregoing offer is (check one): ❑ACCEPTED ❑REJECTED �COUNTERED
��� ��_,�.�� Q�-� a�.K�°;�raePM�o,
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(Buyer's Signalure) DATE: e er�s ignature
Alexis Steger,Director,Housing and Community Development
Ry Meyer
Print Namc (First Namc,Middlc lnitial,Last Namc) Print Namc (First Namc,Middlc Initial,Last Namc)
(Buycr's Signaturc) DATE: (Sc11cr's Signaturc) DATE
Print Name (First Name,Middle Initial,Last Name) Print Name (First Name,Middle Initial,Last Name)
Address/Ciry/State/Zip Address/City/State/Zip
Terry Duggan Duggan-Iowa Realty Lacey Mears Ruhl&Ruhl Realtors
(Buyer's Agent) Office (Seller's Agent) Office
Buyer Attorney Name: Seller Attomey Name:
Buyer Email/Phone#:ry.meyer@yahoo.Com 5632139212
Revised 8/17/2022 OO Copyright 2022 East Central Iowa Multiple Listing Service far Member Use Only
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ADDENDUM TO PURCHASE CONTRACT
(ATTACHED TO PURCHASE CONTRACT)
Seller: City Of Dubuque,Iowa
Buyer:Ry Meyer
Address of Property Being Purchased:
590 Clarke Dr,Dubuque,IA 52001
Address City State ZIP
Date of Offer for Real Estate:04/21/2023
the undersigned Buyer and Seller hereby agree to the following:_
'ntentionally left blank
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.
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A56W-IMCN-PCNS-M59T
ECIAR 6 Revised 9/17/2021 Copyright OO 2022 East Central Iowa Multiple Listing Services,Inc. For Member use Only
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2EA�,or M�..S oPP �,.
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Personal Property Sale Agreement
The undersigned Seller(s) Ciry Of Dubuque,Iowa In exchange for valuable
consideration including the convenience of both parties, do hereby sell, assign,transfer and set over unto the
undersigned Buyer(s)Ry Meyer
the following described Personal Property, which wi11 be transferred in"as is"condition, with no warranties:
ONE
(herein"Personal Property").
The Personal Property is now located at:
590 Clarke Dr,Dubuque,IA 52001 . (herein"Real Property:)
Street City 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 biIl of sale shaIl be
terminated and the Buyer(s)shaIl no longer be obligated to purchase nor shall Seller(s)be obligated to seIl
the above-described Personal Property.
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Buyer 4 SMCN-EMOV-SJBZ-4HXX �.7eller �G�'G��P�Y YXT4-VU7R-HU1Z-M6QE
Buyer � Seller � �
ECIAR 24 Revised ll/17/21 OO Copyright 2022 East Central Iowa Multiple Listing Service Inc.For member use only
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INSPECTION ADDENDUM Page 1 of 3 Pages
RE: PURCHASE CONTRACT,dated 04/21/2023 by and between the undersigned Buyer and Seller concerning the
real estate commonly known as:
590 Clarke Dr,Dubuque,IA 52001
Street 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� INITIAL� SELLER INITIAL��r INITIAL�
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CHECK ONE d°t'°°P�e"`'ed
1. HOME INSPECTION
a. [Q] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a home inspecrion,at the
Buyer's expense by a qualified independent inspector, Or other specific inspecrion_
Inspecrion will be completed,report received and delivered to Seller along with the Response to Inspecrion 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 lowa Radon Home-Buyers and Sellers Fact Sheet or visit www.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. � 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.
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INSPECTION ADDENDUM PAGE 2 ECIAR 7 Page 2 of 3 Pages
PROPERTY ADDRESS 590 Clarke Dr,Dubuque,IA 52001
Street City 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 Inspecrion Report.
(CHOOSE ONE) 1. On or before .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. � 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
condirion 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
prope 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. �] Sepric System Inspection will be completed by a certified DNR septic system inspector at Buyer's E�pense,report
received and delivered to Seller along with the Response to Inspection Report.
(CHOOSE ONE) 1.By . 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-Properry not served by sepric system or property is exempt from Septic Inspecrion.
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 inspecrion of the properry for the presence of lead-based paint
and/or paint hazards at the Buyer's expense with such inspecrion to be completed before 9:00 P.M. on the lOth calendar
day after acceptance of the Purchase Contract. This conringency 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 inspectar 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� INITIAL� SELLER INITIAL� INITIAL�
�042423�
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INSPECTION ADDENDUM PAGE 3 ECIAR 7 Page 3 of 3 Pages
PROPERTY ADDRESS 590 Clarke Dr,Dubuque,IA 52001
Street City 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 properry.
7. RIGHT TO CURE/REPAIR Seller has the right to cure/repair any defective condition discovered by inspections report
exce t*•
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 parries 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 andlor repair said condirion.
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 (3 days if left
blank) 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�INITIAL�
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Buyer and Seller hereby release Brokers and Salespersons from any liability relating to any defe��t'�4P���iency or inspection or
disclosure affecting the property,said waiver shall survive the closing.
The above shall be attached to and made part of said Purchase Contract
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