Loading...
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 'HE CITY QF � All•liverie9 Clh QLTB E '" . � I� � I �a5t� 2�CE aYd t�Q 1VIt55ZSSZ Z zoa�•zoiz•zai3 YP pp zai�*zatg 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 � D L � i I-hmericaC'; U 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 dotloopsignatureverification: �p-XyLj-4jH7 � 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 dotloop verified 28 Q��,�ph 04/2423 1:14 PM CDT VF2GE61P-N3CF-FEDY `dtQ `dtQ (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 dotloop verified /�p� 042423 431 PM CDT 30. " '4� REZ-RM95-3AXL-1 KKD ate ate (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 dotloop signature verification: WD-wq7L-oHyb 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. dotloop signature verification: WD-wq7L-oHyb 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. do[loop verified 0421/234:41 PMCDT BUyC �� i�oc-�nKc-oou-xeov ate Sel]e ate Buyer ate Selle ate dotloop verified Agent for Broker ������ o4rz�iz3 s:ao PM c�T BHIS-OPPA-DZKR-MMMN ate REQUEST TO COMPLETE FORM DOCUMENTS Buyer/Seller request that Broker select prepare and complete form documents as authorized by Iowa Law or Rule. dotloop verified �j 04/21/23 4:41 PM CDT BUyC �O� ZKDK-WZN-FHWB-HWPM `dte Selle ate Buyer ate Seller ate dotloop signature verification: WD-wq7L-oHyb 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 dotloop signature verification: WD-wq7L-oHyb 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� _� ao p nnea 042423 1:14 PM CDT dotloop verified dotloop signature verification: WD-wq7L-oHyb 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� do p „ea I 04/2423 � 1:14 PM CDT dotloop verified dotloop signature verification: WD-wq7L-oHyb 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� aa,pM;oe �� ao �a 04/24/23 1:14 PM CDT dotloop verified dotloop signature verification: WD-wq7L-oHyb 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, sFw��_�s3Q (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 dotloop signature verification: WD-wq7L-oHyb � %NLSF = � o=Pa�.��., ECIAR C 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. aonoop�er�ned 77 /� dotloop verifed Bu P.r ���� NCHv-Fe�4ae g-aroe �+11P.r �'1��'-�� 0424231:14PMCDT Y 511 H-XAQO-PHKO-46SU Buyer eller dotloop veriFled /� dotloop verified Agent ��%J�� q�ov/95nna wPMo-�6Fo ge+nt e����(�' 042423 11:53 AM CDT A56W-IMCN-PCNS-M59T ECIAR 6 Revised 9/17/2021 Copyright OO 2022 East Central Iowa Multiple Listing Services,Inc. For Member use Only dotloop signature verification: WD-wq7L-oHyb � Q 2EA�,or M�..S oPP �,. oRr�� ECIAR 24 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. dotloop verified dotloop verified �p�pfij 042123 4:41 PM CDT �+ /J�� � 04/24/23 1:14 PM CDT 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 dotloop signature verification: WD-wq7L-oHyb � � M�s oppoq ,.. ECIAR 7 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� aa v ����ea l 042423 I 1:14 PM CDT 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. dotloop signature verification: WD-wq7L-oHyb 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� 1:14 PM CDT dotloop verified dotloop signature verification: WD-wq7L-oHyb 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� °o P nHetl l 042423 � 1:14 PM CDT 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 dotloop verified doUoop verified �p� 042123 4:41 PM CDT 1 ��� (p�,/ 042423 1:14 PM CDT BUyeY � o� XWEJ-JJAS-90P0-9YWZ a,te Sel1el' T2H8-XHEK-LVPJ-51UR i � Buyer ate Seller ate dotloop verified /� dotloop verified � ��p�q�� 0421/23 3:40 PM CDT /�,/ 042423 11:53 AM CDT Age11t � dd CSBB-LMDM-AWAN-HKPD $t�, Agellt /�1�� DHXO-UWH1-HKFQ-SQWB Y � ECIAR 7 Revised 8/22 �O Copyright 2022 East Central Iowa Multiple Listing Service For Member Use Only dotloop signature verification: WD-wq7L-oHyb �-. � O '�' `Y O C�D � � '� � p fIQ � � � � n � � � O (D � � CD U� � �� C�D � � � ¢' � � ��� � � Q- ¢, o � � � o• �, �' � � � �n=� ��- m � �o� � � � O �. � �1 � ��� � W A� � �' �-�t I 3 v � � � � � � � �� �N , O Q c� `� � rn N � n `p � „� r* ,� o � � ��-h � � � � �,. " f9 rn � O <p ;...� o' N � l�1 ,� � A� � ' � c b � rn � '+' � 'u � c � �.'C � � � �� � � n � � r � � p' '� `�' (!7�3 � � v' �, Q., � � 0� ��T � v'. C v' 0 '"' ��� .'� � � � ('� � � � � � � � � � � � \ IF � � � � `� o`� � � � � a� � ° � � :;; �' o � � � o � c � � � � • � cn � V4 P+ � � � �� � � � � O + v � � � � _ � � o �1 a � � ' _ � � � � � v �� � � � �� � � � � � z �, � 0 � � � � � � � — � l� � � o � � _ � � � � � � _ - . � � O � a � � � _ � a � F � � � � � � � dotloop signature verification: WD-wq7L-oHyb C � � � � '"s � � � � W � p A� '"T' x O O � y � '� � n � '"d � � '� � `n � � � � �o � �',S' � � G O � P.. p' G � � � A� � C � O c� C v' � � C � C• � � � � � v� N � � � � � � � � ` O � � C!1 � � � C "� � '_' � r � �. CD (D � � � �, � � A� �+ ~ � � v: A� O � �• a �-t � `< �� �. A� � ~ � W 00� `C3 � CD ¢ D"� �• P� �.� rr. � r� ,..5 "� !� � .+. �-s Q � C J � '� r� '"� • '-� �,. n C C/� �' C fD '"� p � � � C �. CD P- � `�' � d ,,,,''*+s p- ¢' '-�'� � C? v' O � Q-. � � .J. � �• cD ;; �j.� O � rh � � � � '�i�' � C�D � ''�� � \ �d � `C Q'. �`� n (j• �D v�i � �• �. � /'� O .-. 0 � c� �-�t `� � � � � �C � O A� :� � .� � � � CD � v' � f� '� � �� "� � �' � (�D �. N ,.... A� � Q�+ O C �� � � �M v'. C �-�s v� p � ,.,n.g � � �r r�s n fD �s '� v� � �,-� "�i � � ¢ � Q'+ Q�.� � � c~D '�Tr' � 0 � ~ W � � �r P) �; O �p a '�-Y N n'4 rn A9 0 � •-' CD p� � A� CD � '� �, c/� � ¢• "'t � � �. � �, � c�D � O � �, � � v, � � � O N p � � :� (�D � � � � v�� ¢ O � � � •v ,—,� � � 'T' �' A� � ClG p � �--i A� � � � � �• `�' �' A� '—' � � p �' � A� � � �' o � � � o � � r° � � � � � o �. a. � � c� � � o � o � � �„ ° � � �' � a�c � � �', c�o ¢: � �• a. � � � � � �� �, � �' �," ¢. � ¢' a� �'� va p.. � � � �i '-�' �. �.�. i-s i-s � � � ''� N � � A� p' � co UQ CD o �'• r.• ¢r C� i-�s p n �C n ''��*� n ,.n� � �' � ''� � � � O� `r Q- C `� � Q.. � C p ,..t .-. � � m ►� O � c� � `C � � N � � O O � � � n � N � � � � � � o � � O� O ¢ � � n � � � � �' �' C� ,..�+ ''� � � (`�D � O �r� � Q- ,� C C � '`"r�' O '� � � �� A� � p S� c'D �, � � � (D � � I�•I � �, '�' �-t �,. � r'�- � ��-! �. i-Ag � '`3 CD �, � �' C�D C � '�' � � •� � p � � � m v � n � r�n � `�' �. � � '.� J � '�'� ¢ �^ O � r-i � Q'' � "'�' C �-ni A� Q„ � �+ `d '�' � � � G � c� '_' � � �, � O p � v � � �. � v' �,.�,,i �-t N � �' w � �' � A� � ►� p v� p� �, A�. cD � "'t � Q. ... � � v' .-. ��-h � UQ �• O i-�s r.d v' � ''� r� `"' '� � �' � 0 � p yC O p.. � � d � h-h � � � � � � � � � � � ¢• � '� � � O CD fD � Q,. ""' CD f� �-h �• a� � ¢ c�v ',� � � �-�s � � � C � a� v � O (�"� �• ¢, C '"' � �. � � � �'. � � � C � � � � � � � � � �"'� � � p O � � � � n '�� � � � � � � r � O p pN � � � `C � O � � ": � Q.. ,� � :S' � ..�*;t � �D A� �.,. ,.�.� � �*, � �S' �, '� � � ,� �" � O .0�- � �' � Uq� � �� K f�D N � � !� 0 � � � � � �' c�'� � � �' �• Cjq � '-h N � � �- "'�! O �' �' '"�i' O `� '� � ~ � � �• ,.CD.t r � O '� � � N � � ,�'�' � '�' �' � '� � '� � b :1 '-�,..i �' �. � � � � �' � � �� � � � � � � � � � � � � O � '� O v' � �' � O � (CD � � A� O v' i-�t ,.�.� '—' '-��' � '��' A� � � � � � Q.. � � �� � � � ,_, fD ... � �. O (D �p r-�. �p' <D `.'S c) � �' . � O v� �! n A� �.. Q.. v� � � �n l� � ,� �' .. N O 'C� v� O (TQ v� '"� ,'S' � �-t �-s � � v� v� v� �-s A� O c� �; �-t �t �s � � � � A� A� r ,� �' � n'd �p � �p '� `c� � x � �i 'L� m C � `+ � � O ¢ �,+ � "t � �' �.''� c� C ¢, p.. Q.. c> Q � � � O � � A� co <D � � � � ''C � cD � �. � �'UQ � N � � '� � 0 fD �p O O (D '� � �q rr "" � c�-:'� �. �. p � fD �-s � �-s c� � O '� � �9 �9 O � � O A� (P (Jq � � � O �" � � O �' � �• �' � � � ¢, n � � � .`"r..,..� � � � � � � � '—' � "'� � c� � � � � '� � � '`�� '-�'s �' � �, �; �. � � �°�s � `�.s' �:p � � � � `��C n O � � � � �' � �. `� �• � o p, C�D np �''� n �r � � � fp � �-s f�D � "��'� � � c� �-�s � x �, �, v�' �p c�o � n p r'�+� ~ � � �,-� � �-: � � �• �. n � � A� I� � v� UQ � �] O U' � � �-: '.� � � O �"� � O � � v� ,� � O � CD � �D � �UG � �• � � � <D v� �� �' � � �'�' A� � ~' � �' p v� '.� `� (D C A9 O "S � � A� v' O N `� `� ~" ►� O� � ,.� � � CD � Go � � O � � o � ;"'s � � `C �C �' � ¢ ,�, ~ � � N O � � �, � (yq CD � � � x' t�o � '� �;' �. �! '� ,.�.� ..; GU �-t � � � � �D „� � ►s �C :-� �', � c-� C� � �. � � c� � y � � � � � �: � o � � � � � � � � o c �, � � � � � ¢. � � � � �� � � p !`' � � � �. �' � �.. � o ,�' � ¢' C � � � � � � �' � � ~' cD fD � o �, � �' Q. '-' �' � c� � .� A� c� '-: '� � � � r� � � O Q„ A� �' � � � � � � p ¢ � '_' �' � '� �.. r% � C � � rD "'� �. O ¢' � ''� C � n �, `� � � �, � �-t '� � � � O UG C O �'� O � .�+� Q„ � '� O � � � � n � ~• � � � � � � O � �.. p� `y �D '� O �-s N � � 0 '� � <D O f9 � �-h �. (P �' 'rt � � � O ¢' CD ''� � O rn �, A�• A� i-t � �-. � C h�F! �'S "S � r�.. � � ''��' `r' � � �"� � � � � '�-��' � � � � � � co �' �. �' �' � c�o �' p�j rr �+ � �. � �• � � �. � � � � � O � � .+. � �p � v� A- co A� A� �n �' O � � � O �-s C9 � '"� � � v' U' CD '� f�9 �h'� � � `� �. � � ¢+ �D .`S .'T' � �-�t �-h � C S� rti � � �. ,..� � C i..x �i � �„ '-rS' � Q `C r fD � Cp ,�S � �..�, O � p '� �' �i G� � '�. \ � � �, `� � � � '�' � � � � (�p � F.ii ..� � � fD � � � � �'.� � � `C `� � �'-� � ''� � � � � d �-�s � � � �• � � '� �' � �' �, �h � �' fD '� n'd O a� .-.• "'t � �• c� `� �. � c�D O� � cD O '"�d � � � � �"� � � � i-�i N.� :.. � Q„ � � p � �'Q q '� O � vc�*D N � � v� � � � � � ►' � � � A� a. c� � v� � � � p � � � N � � v' �' � `� � CD O `� O �' o �' � � � � ¢+ � � C � � � �-'• e"r a� � "! �. � �D rr. � � � � p' � p� r-h cn n � Pr � � �� C � A�� � r-r� � � � � � � � � � � � �C � � � P.. � '_" (�o P.. � v' t9 �' ,�r*, � �' v� .� � � O � O (TQ �-c � � � � �i I-�s' � N � '� � � � � n'O! � v"'�' �, �'� ¢ � '� C�D � � � � A� 'c�T' � v� � fD `.� � � �. �' v ,'�' f9 ►S � O � � Q '_" i-s � � fD p�-t p � 00� ''� � � N C � � � ,�. ,� ¢ p� � UQ O � � � O "�'�' � :s � �p �• C CD O n �� p„ �C cD � I� "'x fD "�' � � A� � � '� (p `C ,..r � � • � � p � � � �-` � �'�' '"r v� f9 �' ¢ � � v, � � � � C� '� (� �-h � O x � O v� � � � �. � � � � � � � � � � � � � � �. � � �-h) �, � �j � A9 ►"' � � �� A� C�D N �-h� � C�/� � n � /v O O W� ,� � O � '_' � � "! 'r7 � A� � O � � � � � � C/� cD `� cD '� '� i UQ �C '� �r ��C � � P� �9 7Q �9 � '�' �-t �. � � �-s �C m i-s UQ v�