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Public Hearing for Sale of City-Owned Property at 2601 Jackson Copyrighted May 20, 2024 City of Dubuque Public Hearings # 010. City Council Meeting ITEM TITLE: Public Hearing for Sale of City-Owned Property at 2601 Jackson SUM MARY: Proof of publication on notice of public hearing to consider City Council dispose of City-owned real property located at 2601 Jackson Street and authorize the Mayor to execute the Special Warranty Deed for 2601 Jackson Street, and City Manager recommending approval. RESOLUTION Disposing of City interest in real property at 2601 Jackson, in the City of Dubuque, lowa SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Disposition of 2601 Jackson - Staff Memo Staff Memo Disposition of 2601 Jackson - Resolution Resolutions Disposition of 2601 Jackson - Special Warranty Deed Supporting Documentation Disposition of 2601 Jackson - Purchase Agreement Supporting Documentation Dubuque THE CITY QF � All-Meriea Ciry DLT B E ; . � . � �� � � MaSt� Z�C� aYd t�Q Mt55ZSSZ Z zoa�•zoiz•�ai3 YP pp za��*zai� TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Public Hearing for Sale of City-Owned Property at 2601 Jackson DATE: May 16, 2024 Housing & Community Development Director Alexis Steger is recommending City Council dispose of City-owned real property located at 2601 Jackson Street and authorize the Mayor to execute the Special Warranty Deed for 2601 Jackson Street. The City of Dubuque purchased the property at 2601 Jackson Street for $30,000.00 in 2018. When the property was acquired, it was determined that the best use for the structure (duplex) was to provide temporary accommodations for families being relocated during lead hazard control work through the Lead and Healthy Homes Program. The structure was rehabilitated and provided relocation for the term of the 2018-2021 Lead Grant. Due to underuse, maintenance costs, and staff capacity, it has become less financially beneficial for the City to maintain this unit than to relocate occupants to alternative sites. In early April 2024, the property was listed for sale. On Monday, April 22, The City of Dubuque received an offer from Timothy Johnson to purchase the property at 2601 Jackson for $147,000.00. The City entered a purchase agreement with Mr. Johnson on Thursday, April 25, 2024. 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: Public Hearing for Sale of City-Owned Property at 2601 Jackson Date: May 13, 2024 INTRODUCTION The purpose of this memorandum is to request that City Council hold a Public Hearing for the purpose of disposing of City-owned real property located at 2601 Jackson Street. BACKGROUND The City of Dubuque purchased the property at 2601 Jackson Street for $30,000.00 in 2018. When the property was acquired, it was determined that the best use for the structure (duplex) was to provide temporary accommodations for families being relocated during lead hazard control work through the Lead and Healthy Homes Program. The structure was rehabilitated and provided relocation for the term of the 2018-2021 Lead Grant. Due to underuse, maintenance costs, and staff capacity, it has become less financially beneficial for the City to maintain this unit than to relocate occupants to alternative sites. In early April 2024, the property was listed for sale. On Monday, April 22, The City of Dubuque received an offer from Timothy Johnson to purchase the property at 2601 Jackson for $147,000.00. The City entered a purchase agreement with Mr. Johnson on Thursday, April 25, 2024. RECOMMENDED ACTION I respectfully request the City Council hold a public hearing and authorize the Mayor to execute the Special Warranty Deed for 2601 Jackson Street. Prepared by: Maddy Haverland, Urban Development and Housing Rehabilitation Project Manager Prepared by Maddy Haverland, Housing & Community Devel., 350 W. 6th St., Suite 312, Telephone: (563) 690-6072 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13'h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 152-24 DISPOSING OF CITY INTEREST IN REAL PROPERTY AT 2601 JACKSON, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 122-24, dated May 6, 2024, �} declared its intent to dispose of City interest in real property located at 64-2- L4ncoln 2601 AV8R (the Property) legally described as: Jackson The Easterly 70 feet of Lot 376 in Davis Farm a part of Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on May 20, 2024, at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the purchase agreement for the sale to Timothy Johnson according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed, conveying the City's interest in the Property to Timothy Johnson. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 20th day of May �024' Ric W. Jon�sAayor Pro Tern Attest A& 14 Adrienne Breitfelder, City Clerk Prepared by Crenna Brurnwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumweli, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Tax Statement to: Timothy Johnson 408 Burch Street Dubuque, IA 52001 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Timothy Johnson, a single person, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): The Easterly 70 feet of Lot 376 in Davis Farm, a part of Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof (2601 Jackson Street) This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). There is no known private burial site, well, solid waste disposal site, underground storage tank, hazardous waste, or private sewage disposal system on the property as described in Iowa Code Section 558.69, and therefore the transaction is exempt from the requirement to submit a groundwater hazard statement. This Deed is given pursuant to the authority of Resolution No.15.R -24 of the City Council of the City of Dubuque adopted the a0 day of (,)n , 2024, the terms and conditions thereof, if any, having been fulfilled. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this �1 day of T, 0'y 2024 at Dubuque, Iowa. CITY OF DUB Q E IOW By: Ric W. Jones,, c Attest: By- � ,,A.O�-4 r Adrienne N. Breitfelder, City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE Pro Tem On this � i day of C , 2024, before me a Notary Public in and for said County, personally appeared Ric W. Jones and Adrienne N. Breitfelder to me personally known, who being duly sworn, did say that they are the Mayor Pro Tern and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor Pro Tem and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed4. otary Public in and for Dubuque County, Iowa TUSDEE LYNMI 15LU6 Commission Humbqr k42479 „w* My Comm. Exp. dotloop signature verification: �vzV-9co6-wrHlv 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 OFFER04/22/2024 AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION L This document is prepared by:Ruhl&Ruhl Realtors/Jeremy Noel 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 11. �IL Radon Disclosure �Other pocuments/Attachments/Legal Description:Bill of sale 12. 13.OFFER TO:City of Dubuque (herein designated as SELLER) Seller Names 14. The undersignedTimothy Johnson (herein designated as BUYER) Buyer names 15. Hereby propose to purchase your property known as:2601 Jackson St Dubuque Address City 16. IA,52001 Parcel#(s)1013329021 State ZIP 17.and agrees to pay you the sum of:One hundred forty seven thousand dollars 18. $147,000 as follows: $ earnest money to be held in trust by(select one) � Listing Broker, 19. or, ❑ other Earnest money shall be 20. increased to$1,000 within3 days of acceptance and again held in trust as previously agreed. In the event of 21. satisfaction of both Buyer and Seller contingencies herein,the earnest money deposits and balance of the purchase price shall be 22. delivered to Seller at settlement. In the event either Buyer or Sellers' contingencies or obligarions herein are not satisfied,the 23. earnest money shall be distributed in accordance with the paragraph enritled"Remedies of the Parties". 24. ALL USUAL COSTS INCURRED IN SECURING SUCH MORTGAGE SHALL BE PAID BY THE BUYER EXCEPT:SELLER TO PAY UP TO 25. $0 TOWARD BUYERS CLOSING COSTS AND PREPAID ITEMS. 26. OTHER TERMS/CONTINGENCIES 27.The Purchase Price is be paid as follows (Check the Appropriate Box(s)) 28. � CASH to be paid on settlement date. This offer is not contingent upon Buyer obtaining financing. Seller has 29. right to receive immediate verification of funds. ❑ Seller ❑ Buyer is responsible for settlement fee. 30.Terms as follows: 3L � FINANCING This contract is contingent upon the Buyer obtaining a written commitment for financing with 32. terms as provided in lines 39-41 of this contract. 33. �Conventional �ConventionalInsured 34. � FHA �VA 35. � Land Contract(terms as follows) 36. �OTHER 37. If Buyer provides written proof Buyer is unable to obtain financing,this contract is terminated and earnest 38. money returned. 39.DOWNPAYMENT 3.5 (%)percent(or)$_ INTEREST RATE not to exceed:8 %per annum 40.TERM OF MORTGAGE/LOAN 30 years. DATE FOR FINANCING CONTINGENCY RELEASE:05/14/2024 ,Or 41.Within days after_ 42.If Buyer does not make timely delivery of said contingency release,then Seller may terminate this offer by written 43.notice to Buyer. 44.PRE-APPROVAL LETTER(check one) � attached� delivered by � Other BUYER INITIAL 04�'dZq INITIAL� SELLER INITIAL o4� INITIAL� 5:41 PM CDT 225 PM CDT dotloop verified doUoop verified dotloop signature verification: �vzV-9co6-wrHlv Page 2 of 4 Pages PROPERTY 2601 Jackson St,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:05/28/2024 Or, 47.Within days after the 48. OCCUPANCY.Occupancy shall be given to Buyer(choose one) � at settlement,or� Date: 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 04,�4 INITIAL SELLER INITIAL � INITIAL oaizsrza 5:41 PM CDT 2:25 PM CDT dotlaop verified dotloop verified dotloop signature verification: �vzV-9co6-wrHlv Page 3 of 4 Pages PROPERTY 2601 Jackson St,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 04�'d�24 INITIAL� SELLER INITIAL�INITIAL� 5:41 PM CDT � 04�� dotloap verified 225 PM CDT dotloop verified dotloop signature verification: �vzV-9co6-wrHlv Page 4 of 4 Pages PROPERTY 2601 Jackson St,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 attomey. 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 notice shall be Seller(s) and Buyer(s)at the addresses set forth below or their Broker or Agent. 159.Electronic or facsimile transmission sent to the other party or to the appropriate Broker,followed by electronic or 160.faxed acknowledgement of receipt,shall constitute delivery of signed document. 161.ENTIRE AGREEMENT.This document and attachments contain the entire agreement of the parties and supersedes all 162.prior offers with respect to the property. This Offer may be modified only by a written agreement signed and dated by 163.both parties. This Offer for Real Estate shall not be assigned by Buyer without the written consent of Seller. 164.MEDIATION.In the event of a dispute,Buyer and Seller agree to consider mediation as an alternative to 165.initiating legal action. The mediation will be conducted in accordance with the rules and procedures of a mutually 166.agreed mediation service. Even when urilizing 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.party or their Agent(s). This Offer shall not negate or change any of the conditions or terms of said Agreement(s), 171.which,by this reference shall remain in full force and effect through the settlement. 172_If this offer is not accepted by Seller on or before 5 �■a.m.or�p.m.Date:04/25/2024 the offer shall 173.become null and void and earnest money returned to Buyer without liability on the part of said Agent(s)to either 174.party. haron Gaul/EXIT Realty 175.This offer was presented to Seller by nllmlted at 6:30 a.m.ar� p.m. Date: 4/22/24 1�6.The fore oin offer is check one : x ACCEPTED �REJECTED �COUNTERED T``��°,�°°'� PJP��,a;vsJ��S,e Q�-�� ��„EK��43aMa�zo (Buycr s ignaturc) DATE: ( c cr s ignaturc DATE Timothy Johnson Alexis Steger for the City of Dubuque Print namc hcrc Print namc hcrc uyer s ignature e er s �gnalure (Print name here) (Print namc here) i 50 W 13th St Address PHONE Address PHONE Dubuque,IA 52001 City State ZIP City State ZIP j ohnson.timothy056@gmaff.com E-mail FAX E-mail FAX Jeremy Noel Ruhl&Ruhl REALTORS-Dubuque Sharon Gaul EXIT Realty Unlimited (Buyer's Agent) Office (Seller's Agent) Oftice Buyer Attorney Name:sam Degree Seller Attorney-Crenna Brumwell ECIAR 1/18 OO Copyright 2018 East Central Iowa Multiple Listing Service for Member Use Only dotloop signature verification: �vzV-9co6-wrHl � Q 2.A,o� M�..S oP �.. PORr�� ECIAR 7 INSPECTION ADDENDUM Page 1 of 3 Pages RE: PURCHASE CONTRACT,dated 04/22/2024 by and between the undersigned Buyer and Seller concerning the real estate commonly known as: 2601 Jackson St,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 04,'�Zq INITIAL� SELLER INITIAL o4� INITIAL� 5:41 PM CDT 2:25 PM CDT dotloop verified dotloop verified CHECK ONE 1. HOME INSPECTION a. [�] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a home inspection,at the Buyer's expense by a qualified independent inspector, Or other specific 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.Withinl5 days afteracceptance 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: �vzV-9co6-wrHl INSPECTION ADDENDUM PAGE 2 ECIAR 7 Page 2 of 3 Pages PROPERTY ADDRESS 2601 Jackson St,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 condition of said property. 4. WATER TEST(If Applicable)—"LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. [❑] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a water test performed by a qualified third party at Buyer's expense. Water test to be completed,report received and delivered to Seller along with the Response to Inspecrion Report. (CHOOSE ONE) 1. On or before 2.No later than days prior to closing. b. [�] Buyer has been afforded the right to have a Water Test performed by a qualified third party. However,Buyer hereby waives his/her right to have a water test and relies upon his/her own determination as to the condition of said property. 5. SEPTIC INSPECTION(If Applicable) Iowa Code 455B.172 mandates the inspection of septic systems,unless exempt,prior to the transfer of property. The code applies to transfer of property which includes at least one but not more than four dwelling units. This property has a septic system and is not connected to a sanitary sewer system. a. [❑] With written acceptance of said Purchase Contract,Buyer shall require the Seller to provide the results of a Septic System Inspection performed by a DNR Cerrified Inspector. (CHOOSE ONE) 1. By 2.No later than days prior to closing. b. [❑] Sepric System Inspection will be completed by a certified DNR sepric 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 condirion of said properry. e. [�] N/A-property not served by septic system 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 property far 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 l Oth calendar day after acceptance of the Purchase Contract.This contingency will terminate at the above predetermined deadline unless the Buyer,or Buyer agent, delivers to the Seller(or Seller agent)a written contract addendum listing the specific existing deficiencies and corrections needed,together with a copy of the inspection and/or risk assessment report.The Seller may,at the Seller's option,within days after delivery of the addendum, elect in writing whether to correct the condition(s)prior to settlement.If the Seller will correct the condition,the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement. If the Seller does not elect to make the repairs,or if the Seller makes a counter-offer,the Buyer shall have days after receipt to respond to the counter-offer or remove this contingency and take the property in"As-Is" condition or this contract shall become terminated.Intact lead-based paint that is in good condition is not necessarily a hazard. BUYER INITIAL 04�'r/24 INITIAL� SELLER INITIAL o4� INITIAL� 5:41 PM CDT 2:25 PM CDT dotloop verified dotloop verified dotloop signature verification: �vzV-9co6-wrHl INSPECTION ADDENDUM PAGE 3 ECIAR 7 Page 3 of 3 Pages PROPERTY ADDRESS2601 Jackson St,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 except*: a. [❑] No exceptions apply,OR b. [�] (fill in)significant structural,mold or pest *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 exceprions apply,the existence of a defective condirion shall not consritute 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 3 calendar days after receiving the Inspection Report and_Response to Inspection Form ECIAR-8 from Buyer. In the event Seller fails to respond as required then they agree to complete the above-mentioned procedures required by the Buyer and forfeit any right to terminate the Purchase Contract based on any terms outlined in the Inspection Addendum. BUYER INITIAL 04,'�ZQ INITIAL� SELLER INITIAL o4,� INITIAL� 5:41 PM CDT 225 PM CDT dotloop verified dotloop verified Buyer and Seller hereby release Brokers and Salespersons from any liability relating to any defect or deficiency or inspection or disclosure affecting the property, said waiver shall survive the closing. The above shall be attached to and made part of said Purchase Contract dotloop verified /� `< O doNoop verified T:....a7L:.��pNj 042224 5:41 PM CDT //��i �1�� 04/25/24 225 PM CDT Buyer '"""'"'"'�(� w�cn-n�QQ-vose-ru�H ate Seller `"� KHCA-AVPD-ZUFU-EHRB Buye ate Seller ate dotloop verified p�p�,� 042224 5:18 PM CDT // � ��J dotloop veriFied Age]]t� 4� JXFK-NXN8-E8VE-LDC3 ate AgP.11 �/G�//�RLG(/ QWY-VBE4-YF7D 4VKM ECIAR 7 1/20 �O Copyright 2020 East Central Iowa Multiple Listing Service For Member Use Only dotloop signature verification: Ruhl _ �&Ruhl BILL OF SALE PERSONAL PROPERTY E��A� NOUgING REALTOR OPPOHTUNITY REALTORS The undersigned Seller(s) City of Dubuque in exchange for adequate consideration which the parties to this transaction hereby acknowledge has already been received as well as for the convenience of both parties, do hereby sell, assign, transfer and set over unto the undersigned Buyer(s) Timothy Johnson the following described Personal Property: efrigerators icrowaves asher ryer The Personal Property is now located at: 2601 Jackson St,Dubuque, IA 52001 (herein "Real Property") Street City State Zip The Personal Property: ❑� �'ill be in working condition upon transfer. ❑� will be transferred in"as is" condition, with no warranties. The Seller(s)warrant with respect to the property that they are the lawful owners and the property is free and clear of all liens and encumbrances. Transfer of the Personal Property is contingent on Seller(s) successfully conveying to Buyer(s) the Real Property described above. Buyer(s) hereby assent to becoming owner of the above described Personal Property upon the conveyance of the Real Property to Buyer(s). Should the transaction not close, this bill of sale shall become null and void and the Buyer(s) shall no longer be obligated to purchase nor shall Seller(s) be obligated to sell the above-described Personal Property. EXECUTED BY BUYER: EXECUTED BY SELLER: � dotloop verified /� dotloop verified � ���� 042224 5:41 PM CDT //�i� ��./ 042524 225 PM CDT �� UHTE-P8MQ-Q14C-AGKQ ��� `� HVFO-DHDQ-T6MR-H6ZI Date Date ate ate Bill of Sale Perso�aal Psroperty 9/ZO21 dotloop signature verification: �vzV-9co6-wrHl Ru h� Addendum to Purchase Agreement &Ru h I #1 REALTORS This Addendum is hereby attached to and made part of a certain Purchase Agreement, dated 04/22/2024 by Timothy Johnson , Purchasers, and City of Dubuque , Sellers, for the sale of the property at 2601 Jackson St, Dubuque,IA 52001 TERMS: owner to occupy property for 5 years per The City of Dubuque covenants that are being written. //// dotloop verified dotloop verified R� �.� 04/2524 2:25 PM CDT � B�v 042224 5 41 PM CDT `� EOLU-UQ HT-1 Z1J-SE6V �� O BJ K-12M B-XH CG-BQT Seller Date Purchaser Date Seller Date Purchaser Date M://Forms/Purchase Agreement Addendum/3/2010 dotloop signature verification: �vzV-9co6-wrHl � � M�s� � oP ,.. Poa��� ECIAR 34 "AS IS" Addendum The Property located at 2601 Jackson St,Dubuque,IA 52001 is being offered "AS IS"with the following condition: (Check One) n(1) The property is sold in the condition presented.Any inspections, including but not limited to termite, building, mechanical, plumbing,environmental,cosmetic,or structural inspection is waived by Buyer. No repairs or corrections will be made by the Seller. �(2) While the property is being sold "As Is",the Buyer is entitled to request a building, mechanical,termite, structural or environmental inspection to determine the status of the property.This option includes the right of the Buyer to cancel this contract and have earnest money returned if the results of the inspections are unsatisfactory.Seller will make no repairs. �(3) While the property is being sold "As Is",the Buyer is entitled to all rights allowed in the termite, building, mechanical,structural and environmental inspection clauses of the contract, including the right to ask for repairs. It is understood that the Seller's position may be to deny any requests for repairs. If parties cannot agree in writing to repairs,the Purchase Contract shall be terminated and earnest money returned to Buyer. Once agreed to and accepted a Purchase Contract on a property sold "AS IS" is a binding contract on all parties. It is further understood by all parties that an "As Is"sale does not relieve the Seller of the obligation to properly fill out a Sellers Property Disclosure Statement(when required),and that all real estate licensees must disclose all Material Adverse Facts of which he/she has knowledge or which are readily available or observable relating the condition of the property. aanoo r�ea T �//�/ dotloop verified Seller Q� �% PVef •��`� �X/I/.�lr/ 0422/245:42PMCDT � oa�zzaa z za PM�oT B uye r ��sa-cHH R-v�in-so�T HLZII�42YS�3 FAO�H HVi ■ Seller Buyer , � ECIAR 34 11/23 �O Copyright 2023 East Central lowa Association of REALTORS For Member Use Only -- � EXIT REALTY 11NLIMITEd dotloop signature verification: �UI�I�TC1�1�E Dear Timothy Johnson, 02/O1/2024 Property: TBD Congratulations! Your loan request has been approved! You have applied for a Conventional loan based on an interest rate of up to tbd% and a term of 360 months. Your final loan amount depends on the rate, term, and the availability of your loan program. Please note this letter does not constitute an interest rate lock agreement. The approval is subject to verification of the information you have provided to us on the application, the appraised valuation of the property, and an acceptable title insurance commitment. If any of the information on your original application changes, the approval will be void. At that time, the information can be updated and resubmitted for a new approval. Enjoy the advantages of an approved status. • Negotiatin� Power: If you're purchasing a home, secured financing lets the sellers know your offer is solid. • Competitive Pro�rams: We offer a complete selection of mortgage loan products to meet your needs, all with competitive rates and pricing. • A Smooth Loan Process: With your credit history approved, we simply need to verify the information you have provided and your loan will be ready for final approval. • Service Excellence: We want your business, as well as your endorsement to others. Our mortgage experts are dedicated to providing service that will guarantee this. Thank you for choosing Ruhl Mortgage. I appreciate the opportunity you have given me to serve you. If you decide to make changes to your loan request or if you have questions, don't hesitate to contact me immediately at the number listed below. Sincerely, �G-�'`�-� Lawrence Davis Mortgage Loan Originator (309) 743-8060 = LENDER STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 05/10/2024 and for which the charge is 64.58 Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this loth day of May, 2024 Notary Pu in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199659 My Commission Expires 12/11/2025 Ad text : CITY OF DUBUQE, IOWA OFFICIAL NOTICE PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will hold a public hearing on the 20th day of May 2024, at 6:30 p.m. in the Historic Federal Building, 350 West Sixth Street, 2nd floor, Dubuque, Iowa, at which meeting the City Council proposes to dispose of an interest in the following described real property by sale to Timothy Johnson: The Easterly 70 feet of Lot 376 in Davis Farm a part of Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof locally known as 2601 Jackson St. 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. The official agenda will be posted the Friday before the meeting and will contain public input options. The City Council agenda can be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ or by contacting the City Clerks Office at 563-589-4100, ctyclerk@cityofdubuque.org. Written comments regarding the above public hearings may be submitted to the City Clerk's Office via email at ctyclerk@cityofdubuque.org or by mail to City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, IA 52001, before said time of public hearing. At said time and place of public hearings the City Council will receive any written comments. Copies of supporting documents for the public hearings are on file in the City Clerk's Office and may be viewed Monday through Friday between 8:00 a.m. and 5:00 p.m. Individuals with limited English proficiency, vision, hearing, or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. Published by order of the City Council given on the 6th day of May 2024. Adrienne N. Breitfelder, CMC, City Clerk RESOLUTION NO. 122-24 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO TIMOTHY JOHNSON, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF Whereas, the City of Dubuque, Iowa (City) owns 2601 Jackson Street (the Property) legally described as: The Easterly 70 feet of Lot 376 in Davis Farm a part of Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof; and Whereas, the City acquired the property through purchase in 2018; and Whereas, it is the recommendation of the Housing and Community Development Department to approve the purchase agreement for the sale to Timothy Johnson 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 Timothy Johnson. 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 20th day of May 2024, beginning at 6:30 PM. Section 2. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved, and adopted this 6th day of May 2024. /s/Brad M. Cavanagh, Mayor Attest: /s/Adrienne Breitfelder, City Clerk It 5/10