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Sale of Property at 1421 Elm Street_Public HearingCity of Dubuque Public Hearings # 3. ITEM TITLE: SUMMARY: SUGGESTED DISPOSITION: ATTACHMENTS: Description ❑ 1421 EIm Street Sale -MVM Memo ❑ Memo ❑ Resolution ❑ Purchase Contract ❑ Restrictive Covenant ❑ Special Warranty Deed ❑ Proof of Publication - 1421 EIm Street Copyright 2014 Sale of Property at 1421 EIm Street Proof of publication on notice of public hearing to approve the disposal of City -owned property located at 1421 EIm Street to Jacob G. Robertson, Purchase Agreement, Restrictive Covenant and Special Warranty Deed, and the City Manager recommending approval. RESOLUTION Disposing of City interest in real property located at 1421 EIm Street, in the City of Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolution(s) Type City Manager Memo Staff Memo Resolutions Supporting Documentation Supporting Documentation Supporting Documentation Supporting Documentation THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sale of City -Owned Property at 1421 Elm Street DATE: May 26, 2015 Dubuque band AI -America City r 2007 • 2012 • 2013 Housing and Community Development Department Director Alvin Nash requests City Council approval of the Purchase Agreement, Restrictive Covenants requiring the property be owner -occupied for a period of 21 years, and Special Warranty Deed for the sale of city -owned property at 1421 Elm Street to Jacob G. Robertson for $60,000. Mr. Robertson will receive the Washington Neighborhood incentives package to assist with downpayment, closing costs and other related costs in the amount of $12,000 as follows: $5,000 5 -year forgivable loan and $7,000 due on sale of property 0% interest. Financing will be provided through a first mortgage from Dubuque Bank and Trust. I concur with the recommendation and respectfully request Mayor and City Council approval. 7-. Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing and Community Development Department Director THE CITY OF Dui Masterpiece on the Mississippi TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Sale of City -owned property at 1421 Elm Street DATE: May 27, 2015 Dubuque bitetri All -America City 1 r 2007 • 2012 • 2013 Introduction The purpose of this memorandum is to request approval of the attached purchase agreement and special warranty deed for the sale of City -owned property at 1421 Elm Street. Discussion On May 18, 2015, the City Council passed Resolution No. 168-15 declaring its intent to dispose of City -owned property at 1421 Elm Street. Jacob G. Robertson has offered $60,000 to purchase the property at 1421 Elm Street. The buyer will receive the Washington Neighborhood incentives package to assist with downpayment, closing costs and other related costs in the amount of $12,000 as follows: $5,000 5 -year forgivable loan and $7,000 due on sale of property 0% interest. Financing to Jacob G. Robertson will be provided through a first mortgage from Dubuque Bank and Trust. Action Step The action requested of the City Council is to approve the attached resolution approving the purchase agreement, the Restrictive Covenants for Residential Real Estate for a period of twenty-one (21) years and Special Warranty Deed for the sale of 1421 Elm Street. KLN ADDENDUM TO PURCHASE CONTRACT (ATTACHED TO PURCHASE CONTRACT) Seller: City of Dubuque DBR 6 Buyer:Jacob G Robertson Address of Property Being Purchased: 1421 Elm Street Dubuque Address City Date of Offer for Real Estate: 05 /01 /15 the undersigned Buyer and Seller hereby agree to the following: IA 52001 State ZIP In order for the buyer to purchase this home he will need to be approved for City Financial 1140e14ties: $5,000 five year forgivable loan $7,000 Deferred Payment Loan Iowa Finance Authority for up to $2,500 for downpayment and closing costs oWnL) t a ov 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 sa k14)/ Yl Buyer Date 05 /01 /15 Seller, Date / / Seller Agent DBR 6 07/10 Copyri 'date 57 //3— Date / / Date05 /01 /1 i Agent t © 2010 Dubuque Multiple Listing Services, Inc. For Member use Only iCDate_67 -®//,yi" DBR1 PURCHASE CONTRACT Page 1 of 4 Pages THIS ISA LEGAL BINDING DOCUMENT. IF NOT UNDERSTOOD SEEK LEGAL ADVICE DATE OF OFFER 05 / 01 /15 AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION 1. This document is prepared by: Re/Max Advantage Realty/ Carole Snodgras y 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. AS AGENT FOR 6. DOCUMENTS ATTACHED TO THIS PURCHASE CONTRACT 7. DDual Agency Consent Agreement 8. ,/ Lead Base Paint Disclosure Seller Disclosure of Property Condition 9. Inspection Addendum EjSale Contingency 10. BAddendum to Purchase IlilliRental Addendum 11. OIL Radon Disclosure UOther Documents/Attachments: 12. 13. OFFER TO: City of Dubuque (herein designated as SELLER) Seller Names 14. The undersigned Jacob G Robertson (herein designated as BUYER) Buyer names 15. Hereby propose to purchase your property known as: 1421 Elm Street Address 16. Dubuque IA 52001 and agrees to pay you the sum of: City State ZIP 17. (Amount in Writing) 18. $ 60,000 as follows: $ earnest money to be held in trust by (select one) FT,isting Broker, A. or, other . Earnest money shall be 20. increased to $ + /, within 3 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 obligations herein are not satisfied, the 23. earnest money shall be distributed in accordance with the paragraph entitled "Remedies of the Parties". 24. The Purchase Price is be paid as follows: (Check the Appropriate Box(s)) 25. D CASH to be paid on settlement date. This offer is not contingent upon Buyer obtaining financing. Seller has 26. right to receive immediate verification of funds. 27. ❑ FINANCING This contract is contingent upon the Buyer obtaining a written commitment for financing with 28. terms as provided in lines 3638 of this contract. 29. ❑Conventional ©ConventionalInsured 30. OFHA 31. DVA 32. ❑ Land Contract(terms as follows) 33. []OTI-LER ,� 34. If Buyer provides written proof Buyer is unable to obtain financing, this contract is terminated and earnest 35. Money returned. 36. DOWNPAYMENT(%) percent (or) $1,800 INTEREST RATE not to exceed: 4,5 % per annum 37. TERM OF MORTGAGE/LOAN 30 years. DATE FOR FINANCING CONTINGENCY RELEASE: 05 /29 /15 38. If Buyer does not make timely delivery of said contingency release, then Seller may terminate this offer by written 39. notice to Buyer. 40, PRE -APPROVAL, LETTER (check one) [✓ attachecD delivered by/ / f1 Other 41. All usual costs incurred in securing such mortgage shall be paid by the Buyer except: Seller to pay up to $ 42. towards Buyers closing costs and prepaid items. 43. OTHER TERMS/CONTINGENCIESThis offer is subject to buyer receiving financial incentives (assistance) from the 44. City of Dubuque( , �0� �2-6 �„,/4. , BUYER INITIAL INITIAL SELLER INITIAL r_ INITIAL Page 2 of 4 Pages PROPERTY 1421 Elm Street 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: 06 flfi'15 47. OCCUPANCY. Occupancy shall be given to Buyer (choose one) Q at settlement, or Ej Date: ' !;.' I/ 5 48. THIS AGREEMENT IS ALSO SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 49. TRUST PAYMENTS. It is agreed that at time of settlement, funds, up to the purchase price, received from the 50. Buyer and/or Buyer's lender may be used to pay taxes, other liens and expenses associated with this 51. transaction, same to be handled under the supervision of the Listing Broker so as to produce marketable title. 52. Seller hereby appoints the Listing Broker, escrow company or lender to receive such funds and make such 53. payments and disbursements. 54. REAL ESTATE TAXES, SPECIAL ASSESSMENTS, AND CHARGES 55. Unless otherwise agreed to in writing, all Real Estate taxes due and payable prior to and including the settlement date will 56. be paid by the Seller. Any taxes that cannot be paid to the Treasurer at the time of settlement will be pro -rated between the 57. Seller and the Buyer. Any such pro -rates will be based on current millage rates, current roll backs, and current assessed 58. values as certified by the appropriate taxing authority. All Real Estate Taxes due and payable after the settlement date will 59. be paid by the Buyer. All special assessments that constitute a lien at the time of settlement of this offer are to be paid by 60. Seller. All charges for solid waste removal, utilities, and assessments for maintenance attributable to Seller's 61. possession are to be paid by Seller. All liens caused by Seller(s) ownership, such as mechanics liens, mowing, snow 62. removal, etc. are to be paid by Seller. All subsequent taxes and special assessments are to be paid by Buyer. Interest, rents, 63. homeowners' association dues and assessments, unused fuels and other appropriate charges shall be prorated as of 64. the date of settlement. Accrued income and expenses, including taxes for the day of closing, shall accrue to the 65. Seller. 66. LNSURANCE. Seller shall bear the risk of loss or damage to property prior to settlement or possession, whichever 67. first occurs. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. In the 68. event of damage to the property prior to settlement in an amount of not more than 5 percent of the selling price 69. Seller will be obligated to repair the property and restore it to the same condition that it was on the date of this 70. offer. If the damage should exceed this amount, Seller shall promptly notify Buyer in writing of the damage_and 71. this contract may be terminated at the option of the Buyer and earnest money returned . 72. Should the Buyer elect to complete the transaction despite such damage, Buyer will be entitled to the insurance proceeds relating 73. to the damage, plus a credit towards the purchase price equal to the amount of the Seller's deductable on such policy. However, if 74. the sale is financed by a land contract or a mortgage to Seller, the insurance proceeds shall be held in trust for the sole purpose of 75. restoring the property. 76. LNCLUDED PROPERTY (if any). All property that integrally belongs to, are specifically adapted to, or is part 77. of the real estate (except rental items), whether attached or detached, such as but not limited to, wall to wall 78. carpeting and vinyl, light fixtures and bulbs, ceiling fan(s), mirrors, shelving, shades, rods, blinds, awnings, 79. shutters, storm windows, storm doors, screens, plumbing fixtures, automatic heating equipment, air conditioning 80. equipment (except window), door chimes, alarm devices, built-in items and electrical service cable/fencing, garage 81. door opener and control(s), other attached fixtures, radio and/or attached TV receiving equipment, fencing, trees, 82. bushes, shrubs, plants, garden bulbs, water heaters and softeners, sump pumps, attached or fitted floor coverings, 83. installed security systems, central vacuum systems and accessories, in -ground lawn sprinkler systems and 84. component parts, built in appliances, fences, fn-eplace screen, fire grate and attached equipment, appurtenant 85. structures or equipment, storage buildings, and rural water membership shall be considered a part of real estate and 86. included in this sale. OTHER INCLUDED ITEMS: 87. 88. 89. EXCLUDED PROPERTY AND RENTAL ITEMS (i.e. water softener, LP or other gas tank): 90. BUYER INITIAL --t-, INITIAL SELLER INITI J INITIAL Page 3 of 4 Pages PROPERTY 1421 Elm Street Dubuque IA Address City State 91. DUTIES OF PARTIES: 92. Seller and Buyer acknowledge and agree that REALTOROBroker(s), its affiliated licensees and employees: 93. must respond to all questions of the parties; however they are not required to discover hidden defects or give 94. advice on matters outside the scope of their real estate license; make no (and Seller and Buyer are not relying 95. upon) representations or warranties as to the physical or mechanical condition of the property, its size, value, 96. future value, income potential, whether the basement is waterproof, etc.; are not qualified to advise on questions 97. concerning the condition of the property, the legal sufficiency, legal effect or tax consequences of this document 98. or transaction. For such matters, Seller and Buyer are advised to consult the appropriate professional(s). 99.Seller and Buyer acknowledge that the Seller of real property has a legal duty to disclose in good faith material 100.adverse facts and material defects of which Seller has actual knowledge and which a reasonable inspection by 101.Buyer would not reveal. Buyer has the right to obtain inspections, survey and measurements at Buyer's 102.expense. Buyer is advised to request that special provisions be written into this contract prior to signing, to cover 103.any and all conditions which Buyer might consider to be questionable or problematical (whether such be 104.inspection for termites, drainage, water and soil conditions, adequacy of structure or any components, zoning, 105.boundaries, utility connections, or any other matters). Professionals are available within the community to consult 106.regarding these and many other issues relating to your transaction and you are encouraged to consult with such 107.professionals on an as needed basis. By acceptance of the Offer, the Seller warrants and represents: That Seller has 108.diselosed notice or knowledge of any planned public improvement which may result in special assessments or other 109.liens, that no government agency has served any notice requiring repair, alterations or corrections of any existing 110.conditions not previously disclosed. This representation of Seller shall survive the settlement of this transaction. 111. JOINT TENANCY IN PROCEEDS AND .IN SECURITY RIGHTS IN REAL ESTATE. If Seller, 112. immediately preceding this offer, holds title to the property in joint tenancy, and such joint tenancy is not later 113.destroyed by operation of law or by acts of Seller, then the proceeds of this sale, and any continuing and/or 114.recaptured rights of Seller in real estate shall be and continue in Seller as joint tenants with rights of survivorship 115.and not as tenants in common; and Buyer in the event of the death of either Seller agree to pay any balance of the 116,proceeds of this sale to the surviving Seller and to accept deed from such surviving Seller. 117.CONDITION OF PROPERTY. Seller agrees to remove all debris and all personal property not included herein from the 118.property by possession date unless there is a prior written agreement by the parties. The property shall be delivered to 119.Buyer on the date stipulated above swept and vacuumed and ready for occupancy. At a reasonable time before settlement 120.as pre -approved by the Seller or Seller's agent, the Buyer shall have the right to inspect the property to determine that there 121.has been no significant change in the condition of the property, except for ordinary wear and tear and changes approved by 122.the Buyer, and any defects Seller has elected to cure have been repaired in a good workman like manner 123.SURVEY. Buyer may, prior to settlement, have the property surveyed at Buyer's expense. If Buyers elects to 124,have the property surveyed, Buyer will have the survey completed at least seven (7) business days prior to the 125.scheduled settlement. lithe survey, certified by a Registered Land Surveyor, shows any encroachment on 126.property, or if any improvements located on the subject property encroach on lands of others, such encroachments 127.shall be treated as a title defect, 1.28..REMEDIES OF THE PARTIES - FORFEITURE - FORECLOSURE 129.If Seller fails to fulfill this agreement, Buyer has the right to terminate the contract and earnest money shall be returned to 130.the Buyer. 131.If Buyer fails to fulfill this agreement, Seller has the right to terminate the contract, all payments by Buyer may be forfeited and 132.retained by Seller as provided in the Laws of the state in Which the property is located. In addition to the foregoing remedies, 133.Buyer and Seller each shall be entitled to any and all other remedies, or action at law or in equity, including foreclosure and 134.the party at fault shall pay costs and attorney fees, and a receiver may be appointed. 135. ABSTRACT AND TITLE. Seller shall furnish Buyer an abstract of title, or policy of title insurance, in 136.conformity with this agreement and land title law of the State. If abstract does not show good merchantable 137.title to said property, free and clear of all liens and encumbrances, not expressly waived or assumed by the Buyer, 138,Seller shall correct defects in title before settlement is made. Municipal building codes and zoning ordinance or 139.mineral reservations and public easements shall not be construed as title encumbrances. Seller shall pay costs of 140.additional abstracting and/or title work due to act or omission of Seller, including transfers by death of Seller 141.or assigns. Marketable title to be established by the existing land law and title standard of the state in which 142.the property is located. r _- BUYER INITIAL _ INITIAL SELLER JINIT INITIAL Page 4 of 4 Pages PROPERTY 1421 Elm Street Dubuque IA 52001 Address City State ZIP 143.COURT APPROVAL. If the property is an asset of any estate, trust, conservatorship, or receivership, this 144.contract shall be subject to Court approval, unless declared tumecessary by Buyer. If necessary, the appropriate 145.fiduciary shall proceed promptly and diligently to bring the matter on for hearing for Court approval. In this event 146.a Court Officer's Deed shall be used. 147.DEED. Upon payment of purchase price, Seller shall convey title by warranty deed or other instrument that is 148.required by Buyer's attorney. 149.GENERAL PROVISIONS, In the performance of each part of this agreement, time shall be of the essence. This 150.agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, assigns and 151.successors in interest of the respective parties. This agreement shall survive the settlement. Paragraph headings 152.are for the convenience of reference and shall not limit nor affect the meaning of this agreement. Words and 153.phrases herein, including any acknowledgement hereof, shall be construed as in the singular or plural number, and 154.as masculine, feminine or neuter gender, according to the context. 155.NOTICE. Any notice required under this Agreement shall be deemed delivered when it is received or provided 156.either by hand delivery, facsimile, electronic communication or certified mail. Persons designated for receipt or to 157.give any notice shall be Seller(s) and Buyer(s) at the addresses set forth below or their Broker or Agent. 158.Electronic or facsimile transmission sent to the other party or to the appropriate Broker, followed by electronic or 159.faxed acknowledgement of receipt, shall constitute delivery of signed document. 169.ENTIRE AGREEMENT. This document and attachments contains the entire agreement of the parties and supersedes all 161.prior offers with respect to the property. This Offer may be modified only by a written agreement signed and dated by 162.both parties. This Offer for Real Estate shall not be assigned by Buyer without the written consent of Seller. 163.MEDIATION. In the event of a dispute, Buyer and Seller agree to consider mediation as an alternative to 164.initiating legal action. The mediation will be conducted in accordance with the rules and procedures of a mutually 165.agreed mediation service. Even when utilizing mediation, parties may still seek legal remedies, 166.ACCEPTANCE. When accepted, this offer shall become a binding contract for the sale and purchase of the 167.above described property and the professional service fee(s) shall be due to the Agent(s) in accordance with the 168.Exclusive Listing Agreement, Buyer Agency Agreement or other written commission agreement, between either 169.party or their Agent(s). This Offer shall not negate or change any of the conditions or terms of said Agreement(s), 170.which, by this reference shall remain in full force and effect through the settlement.. 171Jf this offer is not accepted by Seller on or before 5:30 ❑a.m. or Qp.m. Date: 05 /05 /15 the offer shall 172.become null and void and -earnest money returned to Buyer without liability on the part of said Agent(s) to either 173.party. 174.This offer was presented to Seller by at%,; ❑a.m. or p.m. Date:) /I/ i 175.The foregoing offer is (check one DAC EPTED ❑REJECTED ❑C UNT, 05 /01 /15 Nyer s Signature) Jacob G Robertson (Print name here) DATE: (Seller's Signature) 5-7 9it-6' DATE (Buyer's Signature) (Print name here) / / f 1 .,9t e f= G,",(36 47�� E l DATE: (Seller's Signature) DATE (Print name here) Z % Address City ( ) PHONE Z7ZVr State ZIP ) FAX E-mail (Buyer's g nt) Buyer Attorney Name: DBR 1 2/14 Office (Print name here) Address City E-mail (Seller's Agit) Office PHONE State ZIP FAX ©Copyright 2010 Dubuque Multiple Listing Service For Member Use Only OFYOY:��.ti�� INSPECTION ADDENDUM DBR7 Page 1 of 3 Pages RE: PURCHASE CONTRACT, dated.. / / //! by and between the undersigned Buyer and Seller concerning the real estate commonly known as: 1421 Elm Street 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. 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 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 inspection 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 14 days after acceptance of offer INITIAL SELLER LNIT INITIAL b I� 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. Further, Buyer releases the Seller, Broker, Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing. 2. RADON — (See IDPH pamphlet Iowa Radon Ilotne-Buyers and Sellers Fact Sheet or visitys�vuwy.etaa.g�ov/radon) a. I 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 14 days after acceptance of offer b. I I Buyer has been afforded the opportunity to have a Radon Inspection. However, Buyer hereby waives his/her right to i 1 to have a radon inspection and relies upon his/her own determination as to the condition of said property. Further, Buyer releases the Seller, Broker, Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing. INSPECTION ADDENDUM PAGE 2 PROPERTY ADDRESS 1421 Elm Street DBR 7 Page 2 of 3 Pages Dubuque IA 52001 Street City State ZIP 3. WOOD DESTROYING PEST INSPECTION — "LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. J I With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a Wood Destroying Pest 1 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 Inspection Report. (CHOOSE ONE) 1. On or before // . 2. No later than 10 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. Further, Buyer releases the Seller, Broker, Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing 4. WATER TEST (If Applicable) — "LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. hWith written acceptance of said Purchase Contract, Buyer shall have the right to conduct a water test performed by I I 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. ji Buyer has been afforded the right to have a Water Test performed by a qualified third party. However, Buyer hereby I I waives his/her right to have a water test and relies upon his/her own determination as to the condition of said property. Further, Buyer releases the Seller, Broker, Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing. 5. SEPTIC INSPECTION (If Applicable) Iowa Code 455B172 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 systemand is not connected to a sanitary sewer system. a. hWith 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. Septic System Inspection will be completed by a certified DNR septic system inspector at Buyer's Expense, 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. ElBuyer 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 beenafforded 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. Further, Buyer releases the Seller, Broker, Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing. 6. LEAD-BASED PAINT (See EPA pamphlet Protect your Fancily from Lead in Your Horne) a. This contract is contingent upon a risk assessment or inspection of the property for the presence of lead-based paint and/or paint hazards at the Buyer's expense with such inspection to be completed before 9:00 P.M. on the 10th 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 i._• ; ood condition is not necessarily a hazard. BUYER INITIAL ��� INITIAL SELLER INITI ri/" INITIAL INSPECTION ADDENDUM PAGE 3 PROPERTY ADDRESS 1421 Elm Street Street Dubuque City DBR 7 Page 3 of 3 Pages IA 52001 State ZIP LEAD BASED PAINT (CON'T) b. in 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 property. Further, Buyer releases the Seller, Broker, Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing. 7. RIGHT TO CURE/REPAIR Seller has the right to cure/repair any defective condition discovered by inspections report ex a b No exceptions apply, OR (fill in) structural issues *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 parties 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 and/or repair said condition. T&IIS 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 procedures 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 5 days after receiving the Inspection Report and Response to Inspection Form DBR-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. le BUYER INITIAL, `f' INITIAL SELLER INITXAj _ INITIAL 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 Buyer )1w Dat&5 1 A / ._— Date,1j l 11'' ,vi,,t v � Mv- /15 Seller Date / / Buyer Date / / Seller Agen Dat95 Al /15 Agent l DBR 7 1/10 © Copyright 2010 Dubuque Multiple Listing S'rvice 4te�`i / Y //ter-` For Member Use Only BR 9 Pt1.gt'. 1 of 3 Pages AGENCY/POLICY DISCLOSURE AN i DUAL AGENCY P• E'EN SIAL/CONSENT AGREEMENT REQUIRED TO 131 PROVIDED TO EACH PARTY IN A TRANSACTION (Should be presorted at earliest possible convenience - roust be segued by Seller or Buyer prior to snaking orreviev ging an ORO 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 caeh party in the transaction. More importantly, you should understand how that agency relationship impacts your relationship with the licensee, The term "Broker" or "Brokerage" age" shall hereinafter .refer to: (Brokerage/firm) Re/Max Advantage Realty , and Brokerage's affiliated licensees (brokers anti salespersons). "1'he 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 ]las 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 ntiuisterlai 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 el.eet in regard w 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 appiies 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" ofa different real estate company. Brokerage and Broker's affiliated licensees' policy is to represent the Seller as a "Client" in this ease. In Single Seller Agency, Broker does not also represent the Buyer in tate transaction. tarBUYER .AGENCY, Single Buyer Agency exists when Brokerage and Buyer enter into a "Buyer Agency Agreement" and .Brokerage of an :Affiliated licensee assist Buyer in writing an offer to purchase property and the property is listed with a different real estate company or offered by owner. Brokerage and Broker's affiliated licensees' policy is to represent Buyer as a "Client" in this case. In this t=ype of agency representation Broker may receive compensation for the transaction fi•oni the listing real estate company pursuant to a cooperation agreement between the two companies. In Single Buyer Agency, Broker does not also represent the Seiler in the transaction, 03. APPOINTED/DESIGNATED AGENCY. a. Appointed/Designated Seller Agency exists when Brokerage appoints/designates an affiliated licensee, th.e listing agent, to act on Setter'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 nn Buyer's (Client's) behalf to the exclusion of all other affiliated licensees of Brokerage:. c, ht the event an Appointed/Designated Licensee personally represents both Seller and Buyer in the. sante transaction, that Appointed/Designated Agency is considered to be a Consensual Dual Agency (see 4, below). D4. CONSENSUAL DUAL AGENCY. a. When Brokerage tor 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 accepting tut 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 es to tate 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" niay rely on the 1 icensee's advice, Buyer and Seller are not required to consent to dual agency. Ds. If not already in a written Agency Relationship with a brokerage,. a person(s), partnership, or Company (buying or selling) may represent themselves in e xansactioa. if a Buyer or 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" arc .responsible for co.0 emission 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 die "Self Representation Agreement" for detailed information as to the duties of Brokerage to Selier mid Buyer, as well as procedures to be followed. B. DUTIES OF A REAL ESTKFE LICENSEE 'TO ALL PARTIES TO THE TRANSACTION. In providing brokerage services to all parties Io 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, shalt 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 or negative circumstances) that the licensee knows except: a. Material adverse facts kao sat by the party. b. Material adverse facts the party could discover through n reasonably diligent inspection and which would be discovered by a reasonably prudent person under like or similar circumstances. c. Material adverse facts the disclosure 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 licensee that belongs to any party within a reasonable time of receiving the property. AGENCY /POLICY DISCLOSUREAND DUAL AGENCY CONSENT AGREEMENT (Continued) Page 2 03 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 Cede (such as \s'ith 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 arc inconsistent with other duties that the licensee has under the Rcal Estate Brokers and Salespersons provisions of the Iowa Code or any other law. 4. 'Keep their client(s) confidential information confidentiai unless they have written permission to .roveal. 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 for Sellers and Buyers; (1)Assist Buyer with financing qualification guidelines; (2)Provide helpful information about the property and area; (3)Respond accurately to questions about the property; (4)Disclose all material facts about the -property 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 diming 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 ancUor offer; (1I)Assist with alt standard forms, including those that include the necessary protection and disclosures for the Seller and Buyer; and, (12) Work diligently to facilitate the sale and closing, (13) Keep their client(s) eonfidential information confidential unless they have written permission to reveal.. The preceding list of services is not intended to he 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. NOTEt 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 Art; advised not to disclose your negotiating position about such things us whether you as Seller would take less than the asking price, or 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, swill as your financial status, motivationto sell or buy as welt as other personal :information will adversely affect your negotiating position, this should not be disclosed to anyone. Eacli 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. 'Me- 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, belure signing. This document is not a Buyer Broker or Listing Agreement. Late ,47/1 /,)&43eller 4L CI bDate Buyer Date / / Seller Date /11_/j_21-: Agent lor Broker Date REQUEST TO TO COMPLETE FORM DOCUMENTS Buyer/Seller request that Broker select prepare and complete form iouments as authorized by Buyer k14.l7 Date ) / j6S-eller Buyer Date / 1. Seller va Law or Rule. Date y qv/ 4 5 - Date / / Page 3 of 3 Pages AGENCY /POLICY DISCLOSURE AND DUAL AGENCY POTENTIAL/CONSENT AGREEMENT (Continue(1) 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.) I. DUAL AGENCY POTENTIAL. Seller, or Buyer acknowledge that in order for (Broker/Agent) Re/Max Advantage Realty/Carole Snodgrass 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 properly meeting the needs ofl3uyer, 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 -information or shows a Seller client's property to a Buyer client, that Brokerage is immediately a dual agent, undertaking a Consensual Dual Agency representation. Seller (agrees) (Ddoea not agree) to the Potential. for Dual Agency representation Buyer (Dagrees) (Ddoes not agree) to 'the Potentia for Dual Agency representation. Buyer , fr4- Date://j/Ilei Prit, We' Date: 1.) A Buyer Date: / / Seller Date: / / 11 Brokerage becomes a Dual Agent for Property, Seller/Buyer shall need to read, confirm and agree to Mal Agency Consent for the Representation by completing PART G prior to any Offer for Real F.state. Brokerage and both the Buyer AND Seller acknowledge and Consent to Dual Agency prior to offer. G. DUAL AGENCY CONSENT property 1421 Elm Street Dubuque la 52001 City State: ZIP Address 1. The Seiler and Buyer acknowledge that Broker is undertaking a Consensual Dual Agency representation in the sale of The above specific property. Seller and Bayer 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, or 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 conditions 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 trn1/ Buyer Dat 7J 1)Well fi)ateifY/i V/z1{217 Date: / Seiler Date: / Buyer Agent ,4 ILTSellier Agent D131Z 9 2/10 C pYright 2010 Dtibuque Multiple Listing Service - For !Amber use Only ),110Filio11101.pip4giRpgi Recorded: 07/21/2015 at 03:52:54 PM Fee Amt: $32.00 Page 1 of 5 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder File2015-00009433 Prepared by: Maureen A. Quann 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Maureen A. Quann 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Tax Statement to: Jacob Robertson Buyer Property Address: 1421 EIm Street Dubuque, Iowa 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 Jacob G. Robertson, a single person, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 1 of Angie's Place, in the City of Dubuque, Iowa, according to the recorded plat thereof — 1421 Elm Street This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 196-15 of the City Council of the City of Dubuque adopted the 1st day of June, 2015, 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 1st day of June, 2015 at Dubuque, Iowa. ci (60,19 L3-706 Attest: By: Kevi. S. Firnstahl, ity ;erk STATE OF IOWA COUNTY OF DUBUQUE On this a• -•/--day of 4. , 2015, before me a Notary Public in and for said County, personally ..d.eared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being nuly sworn, did say that they are the Mayor 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 and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. SS (17( Notary t for Dubuque County, Iowa PAMELA J. McCARRON Commission Nu ber 772419 My Comm. Exp. — — Prepared by: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 Return to: Kevin Firnstahl, City Clerk, 50 W. 13'" Street, Dubuque, IA 52001 563 589-4121 RESOLUTION NO. 196-15 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 1421 ELM STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 168-15, dated May 18, 2015, declared its intent to dispose of City interest in real property located at 1421 Elm Street, legally described as: LOT 1 OF ANGIE'S PLACE, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE RECORDED PLAT THEREOF —1421 ELM STREET (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on June 1, 2015, 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 Jacob G. Robertson according to the terms and conditions set out in the purchase agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The purchase agreement by and between the City of Dubuque and Jacob G. Robertson for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute and deliver a Special Warranty Deed, conveying the City's interest in the Property to Jacob G. Robertson. Section 3. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a certified copy of the Resolution. Passed, approved, and adopted this 1st day of June, 201 Roy D. :Id, Mayor Attest: STATE OF IOWA CERTIFICATE of t he CITY CLERK ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 196-15 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 2nd day of June, 2015. s (SEA14) 41 a, ..40" Kevi Firnstahl, CM City Clerk STATE OF IOWA {SS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, 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: May 22, 2015, and for which the charge is $45.24. Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this e4 day of , 20 /." . Notary Public in and for Dubuque County, Iowa. MARY K, WESTERMEYER Commission Number 154885 My Cormn, Exp FEB. 1, 2017 CITY OF DUBUQUE, 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 1st day of June, 2015, at 6:30 p.m. in the Historic Federal Build- ing, 350 ' West 6th , Street, second floor, Dubuque, Iowa, at which meeting the City Council , proposes to dispose of an interest 11 the : following described real property by sale to Jacob G. Robertson: LOT 1 IN ANGIE'S PLACE, IN THE CITY OF DUBUQUE, `'IOWA, AC- CORDING '' TO THE RECORDED PLAT THEREOF - 1421 ELM STREET 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 com- ments regarding the above public hearing may be submitted to the City Clerk's Office, City Hall, 50 W. 13th 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 need - in special assistance 1 or persons with special accessibility needs should contact the City Clerk's Office at. (563) 589-4100 or TTY (563) 690-6678 at least 48 hours prior to the meeting. Dated this 22nd day of May, 2015. Kevin S. Firnstahl, i ` City RESOLUTION NO. 168-15 INTENT, TO DISPOSE OF; AN INTEREST IN CITY OF DUBUQUE REAL ESTATE, SET- TING A TIME AND PLACE FOR HEARING AND PROVIDING'FOR' THE PUBLICATION' OF NOTICE THEREOF Whereas, the City of Dubuque as obtained certain re property in 1 connection with the Washington Neighbor- hood Incentives Pro gram; and Whereas, ` such rehabilitation is corn- piete and the certain real property is ready forrre sale;and Whereas, the City�of Dubuque`'has received an'. offer to purchase this certain real pro- perty from Jacob Gr Roberston; and Whereas,by ac- cepting. this offer to I purchase, the City of Dubuque's objectives of increased homeown- ership . by income qualified individuals and rehabilitation of vacant homes are further realized. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest -in . the following legally des- cribed property: LOT 1 OF ANGIE'S PLACE, IN THE CITY OF' DUBUQUE, . IOWA, AC- CORDING " •TO THE RECORDED PLAT THEREOF 1421 ELM STREET. -,(the Property). Section 2. That the City of Dubuque, Iowa, proposes to dispose of ' its interest,:.. in the Property to Jacob G. Robertson for the sum of $60,000.00. Section 3. That the City Clerk is hereby authorized and direct- ed to, cause this Resolution arida notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing on the City's intent to dispose of the Property to be held on the 1St day of June, 2015, at 6:30 o'clock p.m at the Historical Federal build- ing, 35Q West 6th Street, Dubuque, Iowa. Passed, approved, and adopted this 18th day of May, 2015. /s/Lynn V. Sutton, Mayor Pro Tem Attest: /s/Kevin S. Firnstahl, City Clerk it 5/22 Doc ID: 008283830003 Type: GEN Kind: RESTRICTIVE COVENANTS Recorded: 07/21/2015 at 03:52:11 PM Fee Amt: $17.00 Page 1 of 3 Dubuque County Iowa John Murphy Recorder File2015-00009432 Prepared by Crenna Brumwell, 300 Main Street, Suite 330 Dubuque, IA 52001 563-589-4381 Return to Kevin Firnstahl, City Clerk, 50 W. 13th St., Dubuque, IA 52001, 563-589-4121 RESTRICTIVE COVENANTS FOR RESIDENTIAL REAL ESTATE KNOW ALL PERSONS BY THERE PRESENT that the City of Dubuque, Iowa (City), the owner of the following premises situated in the City of Dubuque, Iowa: Lot 1 of Angie's Place, in the City of Dubuque, Iowa, according to the recorded plat thereof (Real Estate) does hereby establish and place the following restrictive covenants on the Real Estate: 1421 Elm Street 1. The Real Estate shall be known and described as residential Real Estate, and shall not be improved, used or occupied for other than one (1) private single-family residential use. The Real Estate and any part thereof must be owner occupied. Rental of the Real Estate is not allowed. No portion of the Real Estate can be rented as an apartment. 2. The City has the right to enforce, by any proceedings in law or in equity, all restrictions, conditions and covenants now or hereafter imposed by the provisions of these restrictive covenants. 3. These covenants shall be filed for record in the office of the Dubuque County Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be covenants running with the Real Estate and shall endure and be binding on the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of twenty-one (21) years from the date of the recording of these covenants. i Q ,h 0(7° The City has the right to renew these covenants for successive twenty-one (21) year periods. 4. Invalidation of any of these covenants by judgment or court order shall in no way affect any of the other provisions, which shall remain in full force and effect. 5. The waiver of any violation or failure to enforce any such restrictions, easements, and covenants shall not in any event operate as a waiver, impairment or abrogation of same, or the right to enforce the same in the event of any future or other breach of the same of any other restriction, easement, rule or covenant, by the same or any other person. 6. These restrictions, easements, rules and covenants shall be construed under and in accordance with the laws of the State of Iowa. The foregoing provisions encumber the Real Estate described as: Lot 1 of Angie's Place, in the City of Dubuque, Iowa, according to the recorded plat thereof -1421 Elm Street Executed by the respective signatories effective the date first above written. CITY OF DUBUQUE, IOWA OWNER By: t By: cob G. Robertson Roy D. oI, Mayor ATTEST: Kevin(S'. Firnstahl, 2 By: On this 1st day of June, 2015, before me, a Notary Public in and for said state, personally appeared Roy D. Buol and Kevin S. Firnstahl known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledged that they executed the same as their voluntary act and deed. ,0,0,11 I 10///, ,,, . ^.4, • 1 t\libtary Public in the S te of Iowa1 -- ' - ,'• A , `......• 1 Z,, My Commission expires 6,0 -,:•:, -;,'',..,. --) • ,, ' ! ,"- ' ' 0 i 1 1 0 On this 1st day of June, 2015, before me, a Notary Public in and for said state personally appeared -Jacob 6 Q.olotirt6cl1known to me to be the person(s) named in and who executed the foregoing instrument, and acknowledge that they executed the same as their voluntary act and deed. MAUREEN A. QUANN corn mission Number 7694Q MY Comm, Exp. 0_2— 1 17 Notary Public in the State of Iowa My Commission expires S 23 ti August 24, 2015 Jacob Robertson 1421 Elm Street Dubuque, Iowa 52001 Dear Jacob: THE CITY OP Dubuque DUB E r�-ametlaaciq Masterpiece on the Mississippi Hope this finds you well. Enclosed is the recorded Restrictive Covenants for Residential Real Estate for your property. You will want to put this with your abstract and all your other paperwork. If you have any questions, please call me. Thanks. Kris Neyen Rehabilitation Programs Supervisor Enc. Dubuque@Home is an initiative of the City of Dubuque Housing & Community Development Department 350 W. 6th St., Suite 312 Dubuque, Iowa 52001! Phone: 563.589-4239/Fax 563-690-66951 kneyen@cityofdubuque.org www.cityofdubuque.org/dubuqueathome