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Sale of Property - 2525 Windsor Avenue_Stackis_Hearing Copyright 2014 City of Dubuque Public Hearings # 8. ITEM TITLE: Sale of Property - 2525 Windsor Avenue SUMMARY: Proof of publication on the notice of publication to consider sale of 2525 Windsor Avenue to Ted Stackis Construction and the City Manager recommending approval. RESOLUTION Disposing of City Interest in Real Property Located at 2525 Windsor Avenue, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type ❑ Sale of 2525 Windsor-MVM Memo City Manager Memo ❑ Memo Staff Memo ❑ Resolution Resolutions ❑ Contract Supporting Documentation THE CITY OF Dubuque U E I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sale of 2525 Windsor Avenue DATE: September 14, 2015 The property located at 2525 Windsor Avenue was damaged by fire in 2010 and since that time little progress has been made to renovate or repair the property. The City filed a Petition for Title due to abandonment and took possession in June of 2015. The City proceeded to seek bids for the sale of the property, and the only bid received was from Ted Stackis Construction in the amount of $101.00, with the bidder's intention to renovate the property. Staff met with Ted Stackis and reviewed the drawings and plans for the renovation work to be completed. Buyer must meet all Rehabilitation Standards as part of the Bid Document as well. Buyer will be granted 12 months from the time the Contract is signed and executed to complete demolition or deconstruction as well as renovation. For the purpose of this agreement, project completion is based on the Certificate of Occupancy being approved by the Building Department. If the project is not completed within 12 months of the execution of the contract, the City has the option to rescind the contract and take possession of the property. City Council approved the 21-Year Restrictive Covenant, providing owner-occupied residency for this property at the September 8, 2015, City Council meeting. It will be recorded and made part of the abstract. Housing and Community Development Department Director Alvin Nash requests the City Council approve a resolution and Special Warranty Deed for the sale of 2525 Windsor Avenue to Ted Stackis Construction for the amount of $101.00, in accordance with all terms and conditions set forth in the Bid Documents and Contract Agreement. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 2 THE CITY OF Dubuque DUB 1114mericaCi y 1111. Masterpiece on the Mississippi 2007.2012.2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Sale of 2525 Windsor Avenue DATE: September 15, 2015 Introduction: 2525 Windsor Avenue is a vacant/abandoned property the City of Dubuque took possession of, in June of 2015 through Court order by filing a Petition for Title. The property was damaged by a fire that took place in 2010, and since that time little progress on renovation occurred. The City of Dubuque sought bids from the public for the sale of the property under the terms and conditions set forth in the attached Bid Documents. Background: The City of Dubuque sought bids for the sale of the property under the terms and conditions set forth in the Bid Documents. Ted Stackis Construction was awarded the bid in the amount of$101.00 dollars with intentions to renovate the property under the terms and conditions set forth in the Bid Documents, as Option 3. Option 3 clearly states that due to the fire and to the fact that the property was open to the elements for a long period of time, the City is mandating the buyer contract with a Licensed Structural Engineer to perform a full evaluation of any portions of the structure that can be kept and/or reused. In addition, the Buyer will agree to rehab the property according to specifications required by the City's Rehabilitation Department. Discussion: Staff met with Ted Stackis and reviewed the drawings and plans for the renovation work to be completed. Buyer must meet all Rehabilitation Standards as part of the Bid Document as well. Buyer will be granted 12 months from the time the Contract is signed and executed to complete demolition or deconstruction as well as renovation. For the purpose of this agreement, project completion is based on the Certificate of Occupancy being approved by the Building Department. If the project is not completed within 12 months of the execution of the contract, the City has the option to rescind the contract and take possession of the property. Staff also reviewed the Land Contract Agreement and Terms and Conditions set forth in the Agreement with Ted Stackis for the property located at 2525 Windsor Avenue in Dubuque Iowa. City Council approved the 21-Year Restrictive Covenant, providing owner-occupied residency for this property at the September 8, 2015, City Council meeting. It will be recorded and made part of the abstract. Action Step: I request that the City Council passes, approves, and adopts the attached resolution and Special Warranty Deed for the sale of 2525 Windsor Avenue. 2 Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 RESOLUTION NO. 329-15 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2525 WINDSOR AVENUE, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 307-15, dated September 8, 2015, declared its intent to dispose of City interest in real property located at 2525 Windsor Avenue, legally described as: Lot 24 in Stafford's Addition to the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on September 21, 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 real estate contract with Ted Stackis Construction according to the terms and conditions set out in the contract 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 land contract by and between the City of Dubuque and Ted Stackis Construction 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 the real estate contract and special warranty deed. Section 3. Upon satisfaction of all terms and conditions in the real estate contract, the City Clerk is hereby authorized and directed to cause the 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 21st day of September, 2015. Attest: Kevin S° Firnstahl, 1ty Clerk n V. Sutton, Mayor Pro -Tem Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Tax Statement to: Ted Stackis Construction 206 Saunders 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 Ted Stackis Construction, a sole proprietorship, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 24 in Stafford's Addition to the City of Dubuque, Iowa This Deed is given pursuant to the authority of Resolution No. 329-15 of the City Council of the City of Dubuque adopted the 21St day of September, 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. Attest: By: Ke Dated this to) day of oiM tr , 2016 at Dubuque, Iowa. S. Firnsta -I,-City Clerk CITY OF DUB UE IOWA By: Roy Duol, Mayor STATE OF IOWA SS COUNTY OF DUBUQUE On this 3 day of tat),f , 2016, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly 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. Notary Public in and for Dubuque County, Iowa i rRISITEGLEASOW `' Commission Number 719986 My Commission Expires a • i 11111111 ilii 11 II II III iiiiiioiiiiii hili Doc ID 008329250012 Type. GEN Kind: CONTRACT Recorded: 10/12/2015 at 01:34:23 PM Fee Amt: $67.00 Page 1 of 12 Dubuque County Iowa John Murphy Recorder F11e2015-00013146 REAL ESTATE CONTRACT INSTALLMENTS THE IOWA STATE BAR ASSOCIATION Official Form No. 142 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) Ted Stackis Construction 206 Saunders Street Dubuque, IA 52001 Return Document To: (Name and complete address) Ted Stackis 206 Saunders Street Dubuque, IA 52001 Grantors: City of Dubuque, a municipal corporation Grantees: Ted Stackis Construction, a sole proprietorship Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 142 Crenna Bramwell FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER «lav REAL ESTATE CONTRACT - INSTALLMENTS IT IS AGREED this day of , 2015 , by and between City of Dubuque of the County Dubuque State of Iowa, Sellers; and Ted Stackis Construction, a sole proprietorship of the County Dubuque State of Iowa, Buyers; Buyers, and the Buyers in to purchase the following of Iowa, to-wit: thereto, but with such certain personal property if hereto and marked said property the total of IA 52001 , That the Sellers, as in this consideration of the premises, described real estate situated Lot 24 in Stafford's Addition together with any easements reservations and exceptions and as may be herein described Exhibit A" all upon the terms 1. TOTAL PURCHASE PRICE. $101.00 due contract provided, agree to sell to the hereby agree with the Sellers in the County Dubuque State to the City of Dubuque, Iowa. and servient estates appurtenant of title as may be below stated, and or if and as an itemized list is attached and conditions following: The Buyers agree to pay for and payable at 50 W. 13th Street, Dubuque, Dubuque County, Iowa, as follows: of $1 00 RECEIPT OF WHICH IS HEREBY as follows: (a) DOWN PAYMENT ACKNOWLEDGED: (b) BALANCE OF PURCHASE $10/month until paid in full, due 2. POSSESSION. Buyers, entitled to possession of thereafter so long as they subject to the rights of lessees possession. so indicate by and PRICE. $ 101.00 on the 1st of each month concurrently with due performance on their part shall be said premises on the 1 day of October , 2015 ; and shall perform the obligation of this contract. and are entitled to rentals therefrom 'yes' in the space following: No If Buyers are taking on and after date of © The Iowa State Bar Association 2015 142 REAL ESTATE CONTRACT INSTALLMENTS IOWADOCS© Revised January 2015 3. TAXES. Sellers shall pay: None and any unpaid taxes thereon payable in prior years. Buyers shall pay any taxes not assumed by Sellers and all subsequent taxes before same become delinquent. Whoever may be responsible for the payment of said taxes, and the special assessments, if any, each year, shall furnish to the other parties evidence of payment of such items not later than July 15 of each year. Any proration of taxes shall be based upon the taxes for the year currently payable unless, the parties state otherwise. (Decide, for yourself, if that formula is fair if Buyers are purchasing a lot with newly built improvements). 4. SPECIAL ASSESSMENTS. Sellers shall pay the special assessments against this property: (a) Which, if not paid, in the year , would become delinquent and all assessments payable prior thereto. (b) Which are a lien thereon as of July 15, 2015 . (Date) (c) Including all sewage disposal assessments for overage charge heretofore assessed by any municipality having jurisdiction as of date of possession. Buyers, except as above stated, shall pay all subsequent special assessments and charges, before they become delinquent. 5. MORTGAGE. Any mortgage or encumbrance of a similar nature against the said property shall be timely paid by Sellers so as not to prejudice the Buyers' equity herein. Should Sellers fail to pay, Buyers may pay any such sums in default and shall receive credit on this contract for such sums so paid. MORTGAGE BY SELLERS. Sellers, their successors in interest or assigns may, and hereby reserve the right to at any time mortgage their right, title or interest in such premises or to renew or extend any existing mortgage for any amount not exceeding N/A % of the then unpaid balance of the purchase price herein provided. The interest rate and amortization thereof shall be no more onerous than the installment requirements of this contract. Buyers hereby expressly consent to such a mortgage and agree to execute and deliver all necessary papers to aid Sellers in securing such a mortgage which shall be prior and paramount to any of Buyers' then rights in said property. DEED FOR BUYERS SUBJECT TO MORTGAGE. If Buyers have reduced the balance of this contract to the amount of any existing mortgage balance on said premises, they may at their option, assume and agree to pay said mortgage according to its terms, and subject to such mortgage shall receive a deed to said premises or Sellers, at their option, any time before Buyers have made such a mortgage commitment, may reduce or pay off such mortgage. ALLOCATED PAYMENTS. Buyers, in the event of acquiring this property from an equity holder instead of a holder of the fee title, or in the event of a mortgage against said premises, reserve the right, if reasonably necessary for their protection to divide or allocate the payments to the interested parties as their interests may appear. SELLERS AS TRUSTEES. Sellers agree that they will collect no money hereunder in excess of the amount of the unpaid balance under the terms of this contract less the total amount of the encumbrance on the interest of Sellers or their assigns in said real estate and if Sellers shall hereafter collect or receive any moneys hereunder beyond such amount, they shall be considered and held as collecting and receiving said money as the agent and trustee of the Buyers for the use and benefit of the Buyers. 6. INSURANCE. Except as may be otherwise included in the last sentence of paragraph 1 (b) above, Buyers on and from said date of possession, shall constantly keep in force insurance, premiums therefore to be prepaid by Buyers (without notice or demand) against loss by fire, tornado and other hazards, casualties and contingencies as Sellers may reasonably require on all buildings and improvements, now on or hereafter placed on said premises and any personal property which may be the subject of this contract, in companies to be reasonably approved by Sellers in an amount not less than the full insurable value of such improvements and personal property or not Tess than the unpaid purchase price herein whichever amount is smaller with such insurance payable to Sellers and Buyers as their interests may appear. Sellers° interest shall be protected in accordance with a standard or union-type loss payable clause. BUYERS SHALL PROMPTLY DEPOSIT SUCH POLICY WITH PROPER RIDERS WITH SELLERS for the further security for the payment of the sums herein mentioned. In the event of any such casualty loss, the insurance proceeds may be used under the supervision of the Sellers to replace or repair the Toss If the proceeds be adequate; if not, then some other reasonable application of such funds shall be made; but in any event such proceeds shall stand as security for the payment of the obligations herein. 7. CARE OF PROPERTY. Buyers shall take good care of this property; shall keep the buildings and other improvements now or hereafter placed on the said premises in good and reasonable repair and shall not injure, destroy or remove the same during the life of this contract. Buyers shall not make any material alteration in said premises without the written consent of the Sellers. Buyers shall not use or permit said premises to be used for any illegal purpose. 8. LIENS. No mechanics' lien shall be imposed upon or foreclosed against the real estate described herein. 9. ADVANCEMENT BY SELLERS. If Buyers fail to pay such taxes, special assessments and insurance and effect necessary repairs, as above agreed, Sellers may, but need not, pay such taxes, special assessments, insurance and make necessary repairs, and all sums so advanced shall be due and payable on demand or such sums so advanced may, at the election of Sellers, be added to the principal amount due hereunder and so secured. (For Buyers° rights to make advancements, see paragraph 5 above.) 10. JOINT TENANCY IN PROCEEDS AND SECURITY RIGHTS IN REAL ESTATE. If and only if, the Sellers immediately preceding this sale, hold the title to the above described property in joint tenancy, and such joint tenancy has not later been destroyed by operation of law or by acts of the Sellers, this sale shall not constitute such destruction and the proceeds of this contract, and any continuing and/or recaptured rights of Sellers in said real estate, shall be and continue in Sellers as joint tenants with rights of survivorship and not as tenants in common; and Buyers, in the event of the death of one of such joint tenants, agree to pay any balance of the proceeds of this contract to the surviving Seller (or Sellers) and to accept deed solely from him or them consistent with paragraph 14 below unless and except this paragraph is stricken from the agreement. 11. SELLERS. Spouse, if not titleholder immediately preceding this sale, shall be presumed to have executed this Instrument only for the purpose of relinquishing all rights of dower, homestead and distributive share and/or in compliance with section 561.13 Code of Iowa; and the use of the word "Sellers" in the printed portion of this contract, without more, shall not rebut such presumption, nor in any way enlarge or extend the previous interest of such Spouse in said property, or in the sale proceeds, nor bind such spouse except as aforesaid, to the terms and provisions of this contract. 12. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. Failure to promptly assert rights of Sellers herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 13. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of title in any Deed made pursuant to this contract (See paragraph 14) shall be without reservation or qualification EXCEPT: (a) Zoning ordinances; (b) Such restrictive covenants as may be shown of record; (c) Easements of record, if any; (d) As limited by paragraphs 1, 2, 3 and 4 of this contract; (e) Sellers shall give Special Warranty as to the period after equitable title passes to Buyers; (f) Spouse if not titleholder, need not join in any warranties of the deed unless otherwise stipulated: (g) (Mineral reservations of record?) (h) (Liens?) (Easements not recorded?) (Interests of other parties?) (Lessees?) 14. DEED AND ABSTRACT, BILL OF SALE. If all said sums of money and interest are paid to Sellers during the life of this contract, and all other agreements for performance by Buyers have been complied with, Sellers will execute and deliver to Buyers a Special Warranty Deed conveying said premises in fee simple pursuant to and in conformity with this contract and Sellers will at this time deliver to Buyers an abstract showing merchantable title, in conformity with this contract. Such abstract shall begin with the government patent (unless pursuant to the Iowa State Bar Association title standards there is a lesser requirement as to period of abstracting) to said premises and shall show title thereto in Sellers as of the date of this contract; or as of such earlier date if and as designated in the next sentence. This contract supersedes the previous written offer of Buyers to buy the above described property which was accepted by Sellers on the day of , 2015 . Sellers shall also pay the cost of any abstracting due to any act or change in the personal affairs of Sellers resulting in a change of title by operation of law or otherwise. If any personal property is a part of this agreement, then upon due performance by Buyers, Sellers shall execute and deliver a Bill of Sale consistent with the terms of this contract. Sellers shall pay all taxes on any such personal property payable in N/A , and all taxes thereon payable prior thereto. 15. APPROVAL OF ABSTRACT. Buyers have examined the abstract of title to this property and such abstract is accepted. 16. FORFEITURE. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/ or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if the Buyers. or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. 17. FORECLOSURE AND REDEMPTION. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest at all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure end upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings: all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successor in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. 18. ATTORNEY'S FEES. In case of any action, or in any proceedings in any Court to collect any sums payable or secured herein, or to protect the lien or title herein of Sellers, or in any other case permitted by law in which attorney's fees may be collected from Buyers, or imposed upon them, or upon the above described property, Buyers agree to pay reasonable attorneys° fees. 19. INTEREST ON DELINQUENT AMOUNTS. Either party will pay interest at the highest legal contract rate applicable to a natural person to the other on all amounts herein as and after they became delinquent, and/or on cash reasonably advanced by either party pursuant to the terms of this contract, as protective disbursements. 20. ASSIGNMENT. In case of the assignment of this contract by either of the parties, prompt notice shall be given to the other parties, who shall at the time of such notice be furnished with a duplicate of such assignment by such assignors. Any such assignment shall not terminate the liability of the assignor to perform, unless a specific release in writing is given and signed by the other party to this contract. 21. PERSONAL PROPERTY. If this contract includes the sale of any personal property, then in the event of the forfeiture or foreclosure of this contract, such personal property shall be considered indivisible with the real estate above described; and any such termination of Buyers' rights in said real estate shall concurrently operate as the forfeiture or foreclosure hereof against all such personal property. 22. CONSTRUCTION. Words and phrases herein, including acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. See paragraph 11 above, for construction of the word "Sellers." 23. RELEASE OF RIGHTS. Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 24. LEAD-BASED PAINT NOTICE. If applicable, see attached Disclosure of Information on Lead -Based and/or Lead -Based Paint Hazards. 25. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on. behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. 26. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the provisions set forth in Paragraph A shall be deemed selected. (a). Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. (b) The Property is served by a private sewage disposal system, or there is a pr+vatc sewage disposal system on thc Property. Seller and Buycr agree to thc provision selected in the attached Addendum for Inspection of Private Sewage Disposal System. (c) Seller and Buyer agree that this transaction IS exempt from the time of transfer inspection requirements by reason that 27. SPECIAL PROVISIONS. Buyer must complete reconstruction of the single family home on the property within nine (9) months of the closing date. Buyer must provide and maintain the following insurance: 1) Dwelling coverage in the amount of $1,000,000 naming the City of Dubuque as an additional insured insurance 2) Insurance in compliance with the City of Dubuque Insurance Schedule A which is attached. Said insurance must remain in effect until such time as the construction is complete or the contract is fulfilled, whichever is later. Addendum for Inspection of Private Sewage Disposal System Buyer and Seller agree on the following initialed alternative to comply with the time of transfer inspection of private sewage disposal systems: There is a private sewage disposal system on this Property which serves the Property. Seller has obtained or shall obtain at Seller's expense within days a certified inspector's report which documents the condition of the private sewage disposal system, that it is of sufficient capacity to serve the Property, that the continued use of the system is permitted, and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. Seller shall attach the inspection report to the Groundwater Hazard Statement to be filed at closing. If Seller receives an unsatisfactory report, the basis of which cannot be resolved between Buyer and Seller within days of delivery of a copy to Buyer, then upon written notice from Buyer to Seller, this agreement shall be null and void and all earnest money paid hereunder shall be returned immediately to Buyer. There is a private sewage disposal system on this Property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. Buyer shall execute a binding acknowledgment with the County Board of Health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. Buyer shall attach a copy of the binding acknowledgment to the Groundwater Hazard Statement to be filed at closing. When the inspection is completed, an amended Groundwater Hazard Statement shall be filed with the certified inspection and shall include the document numbers of both the real estate transfer document and the original Groundwater Hazard Statement Seller agrees at closing to deposit the sum of $ Dollars into escrow with ("Escrow Agent") to reimburse Buyer for expenses incurred for the cost of the inspection and any required modifications to the private disposal system. Escrow Agent shall pay to Buyer, up to the amount held in escrow, amounts for required modifications after any such modifications are completed and upon submission to Escrow Agent of a detailed invoice. If no modifications are required, the entire escrow account shall be returned to Seller. Any funds remaining in the escrow account after any required modifications shall be returned to Seller. Seller shall not be responsible for any cost in excess of the escrow deposit. There is a private sewage disposal system on this Property. The building to which the sewage disposal system is connected will be demolished without being occupied. Buyer shall execute a binding acknowledgement with the county board of health to demolish the building within an agreed upon time period. Buyer shall attach a copy of the binding acknowledgement to the Groundwater Hazard Statement to be filed at closing. There is a private sewage disposal system on this Property. The private sewage disposal system has been installed within the past two years pursuant to permit number I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. Dated: Dated: Executed in duplicate or triplicate f Dubuque, a municipal corporationS E L L E R S Lynn V. Sutton, Mayor Pro Tem 50 W. 13th Street, Dubuque, IA 52001 SELLERS' ADDRESS BUYERS 1466*4;BUYERS Ted Stackis 206 Saunders Dubuque, IA 52001 STATE OF IOWA , COUNTY OF DUBUQUE Thiscocd was acknowledged before pe this tkk day of S by 1--e.Ot 3+ckele-b C61N,541/ t4i10-1 BUYERS' ADDRESS 1 Ili ti eq.,>*10s1S:4 / w cri : STATE OF Iowa , COUNTY OF Dubuque This record was acknowledged before me this 21s t day of September by Lynn V. Sutton, Mayor Pro Tem KEVIN S. FIRNSTAHL COMMISSION NO.745295 MY CO;ZA M MAIM EXPIRES / P - 2015 f7.4111V ;01111 Signa re if Notary • ic Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 RESOLUTION NO. 329-15 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2525 WINDSOR AVENUE, IN THE CITY OF, DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 307-15, dated September 8, 2015, declared its intent to dispose of City interest in real property located at 2525 Windsor Avenue, legally described as: Lot 24 in Stafford's Addition to the City of Dubuque, Iowa (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on September 21, 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 real estate contract with Ted Stackis Construction according to the terms and conditions set out in the contract 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 land contract by and between the City of Dubuque and Ted Stackis Construction 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 the real estate contract and special warranty deed. Section 3. Upon satisfaction of all terms and conditions in the real estate contract, the City Clerk is hereby authorized and directed to cause the 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 21st day of September, 2015. Attest: Kevin .: Firnstahl, City Clerk ypfn V. Sutton, Mayor Pro -Tem STATE OF IOWA CERTIFICATE of the 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. 329-15 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 25th day of September, 2015. Kevin Firnstahl, C . o, City Clerk u� 11 olio nu 11 011 11 1101 III Doc ID: 008329260002 Type GWH Kind GROUNDWATER HAZARD Recorded: 10/12/2015 at 01:34:37 PM Fee Amt: $0.00 Pape 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2015-00001 1 91 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Ted Stackis Construction Address 206 Saunders Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 2525 Windsor Avenue Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 24 in Stafford's Addition to the City of Dubuque, Iowa 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 0I5- l?[ Lo 5. Private Burial Site (check one) X There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) X All buildings on this property are served by a public or semi-public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. ® There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] _ This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: ® The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMA N'STA3ED ABOVE IS TRUE AND CORRECT. Signature: (Transferor or Agent) Alvin Nash FILE WITH RECORDER Telephone No.: (563) 589-4239 DNR form 542-0960 (July 18, 2012) CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) 1, 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. 329-15 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 25th day of September, 2015. Kevin Firnstahl, C\ o, City Clerk (SEAL) 11 11 1 11 1 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT Date of Instrument 09/30/2015 SELLER: City of Dubuque, Iowa A Deed 1 ❑ Contract 2 /1 Seller Address: 50 West 13th Street, Dubuque, IA 5200 BUYER: Ted Stackis Construction Buyer Address: 206 Saunders Street, Dubuque, IA 52001 Address of Property Conveyed: 2525 Windsor Avenue Legal Description: Lot 24 in Stafford's Addition to the City of Dubuque. Iowa Phone: e-mail. Phone: e-mail: Type of Sale: ❑ Sale between related parties/family 0 Sale of partial interest 0 Trade 0 Quit Claim Deed 0 Auction Was this a sale of AG LAND to: ❑ Corporation 0 Trust 0 Alien 0 Non -Resident Alien 0 Limited Partnership DECLARATION OF VALUE STATEMENT 1. Total Amount Paid 101.00 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ 101.00 - I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAILED ON THE BACK OF THIS FORM . Printed Name. Alvin Nash Housing & Coent Director Phone #: (563) 589-4239 Signature PART II - TO BE COMPLETED BY THE ASSESSOR Primary Classification: 0 Res _4_ 0 Com _5_ 0 Ind 2_ 0 Ag _ 1_ 0 MultiRes _7_ City/Township Primary Parcel Number A YearBlt Occ NUTC 0 Buyer or IXI Seller or 0 Agent or 0 Attorney Classification Land Building Dwelling Total Residential Commercial Industrial Agricultural Multi Residential Comments: Effective On or Before 09/01/14 Iowa Department of Revenue !SBA 57006a (07/23/14) To: City of Dubuque Housing &Community Development Department Rehabilitation Program Attention:Todd Carr From: Stackis Construction Owner:Ted Stackis PH: 563-451-3300 Project: 2525 Windsor Avenue Proposal and Plans Upon acceptance of my Bid for the property located at 2525 WindsoFAvenue I intend to perform the following work along the line of Option 3 in the Bid Documents.Within a time period of 3 to 4 weeks after taking possession I intend to remove all trash and loose debris from inside the house and the garage, all items that cannot be re-used during the construction process. I also plan to completely gut all wood components from the house except for the following; I intend to leave the floor joists that are supporting both the main floor and the 2nd floor in place, all other wood will be removed from the home and hauled off site if it's not in re-usable condition. I also intend to completely remove the addition off the southeast corner of the home,with no intentions to re-build. Immediately after the demolition and de-construction work is performed I intend to have a Licensed Structural Engineer perform and inspection and produce an evaluation report of the structural integrity of the existing floor joists on both the main floor and 2nd floor,as well as the structural condition of the existing limestone foundation and exterior brick walls. Once the Structural Engineering Report is complete, I intend to finalize the construction drawings according to the Structural Engineers Report. I will then issue a Building Permit for the Construction work accordingly. I will then begin construction work immediately upon issuing the Building Permit and intend to finish the project within the time frame of set by the City according to the Bid Documents.All construction work will be done in accordance with the Rehabilitation Standards set forth in the Bid Documents. Sincerely, Ted Stackis 3u f a We way af City of Dubuque Housing Development Department Property for Sale: 2525 Windsor Avenue Contract Documents & Bid Specifications for Purchase of 2525 Windsor Avenue Prepared By: City of Dubuque Housing & Community Development Department Todd Carr: Rehabilitation Inspector 350 West 6th Street, Suite#312 Phone: 563-599-0563 Fax: 563-690-6695 Email:Tcarr@cityofdubuque.org Notice to Bidders Time and Place for Filing Sealed Proposals: Sealed proposals for the purchase of this property shall be filed before 11:00 AM CST on July 16th, 2015, in the Office of the City of Dubuque Housing Department, Attention Rehabilitation Program at 350 West 6th Street, Suite #312, Dubuque Iowa 52001. Sealed Proposals Will be Opened and Reviewed: Sealed proposals will be reviewed beginning on July 16th, 2015 by the City of Dubuque Staff members. Upon review of all proposals the City of Dubuque Staff will award the contract for purchase to the highest responsible bidder and will recommend this to be approved by City Council at Public Hearing. Debarments and Suspensions: Any Bidder whose firm or affiliate is listed in on the U.S. General Services Administration Excluded Parties List System web site at h11pww.epls.Rov1 will be prohibited from the bidding process. Anyone submitting a bid who is listed on this web site will be determined to be a non-responsive bidder in accordance with 40 CFR Part 31. Preparation of Bids and Instructions: Notice to Bidders All proposals must be enclosed in a sealed envelope and clearly labeled with the project name and the name of the bidder on the outside of the envelope. All proposals must be either delivered by mail or hand delivered in person to the City of Dubuque Housing Department, Attention Rehabilitation Program at 350 West 6th Street Suite #312 by 11:00 AM CST July 16tH, 2015. Time for Receiving Bids: Bids received prior to the time of opening will be securely kept unopened, and will be time/date stamped and initialed by an employee of the City of Dubuque Housing Department upon receiving the Bid. All Bids that are received after 11:00 AM CST July 16th, 2015 will not be valid, accepted, or opened for consideration. Award of Contract: Rejection of Bids The Property shall be awarded to the highest responsible bidder provided such bid is reasonable and meets the requirements set forth in the bid document, and it is to the interest of the City to accept it. The City, however reserves the right to reject any and all Bids and to waive any informality in bids received whenever such rejection or waiver is in the City's interest. The Bidder to whom the property is awarded to shall be notified to sign an offer to buy contingent on City Council approval through a public hearing. Execution of Contract: Subsequent to the award within seven (7) days after the prescribed forms are presented for signature, the successful Bidder shall execute and deliver to the City a Signed Contract in the form included in the bid documents. The failure of the successful bidder to execute such Contract and to supply the required signature and documents within seven (7) days after the prescribed forms are presented for signature, or within such extended period as the City may grant, based upon reason determined sufficient by the City, shall constituted a default, and the City may either award the Contract to the next best responsible Bidder or re-post for additional Bids. NONDISCRIMINATION In carrying out the project, the Contractor shall not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, sexual orientation, or gender identity. All businesses including minority owned, female owned, or small businesses are encouraged to participate. Bid ®®currents for 2525 Windsor Avenue Project 1. Property Background: 2525 Windsor Avenue, Parcel#1013409009: The property located at 2525 Windsor was severely damaged due to a fire in 2010, which caused the major damage to the original roof/attic area and subsequent damage to many other areas of the house and exterior walls.The previous owner of the property had started to frame a new 2"d floor on top of the main floor of the house with new exterior walls and roof trusses being set. No work beyond this point has been completed and all existing wood on both the main floor of the house and the new 2nd floor Framing has been open to the elements for 4 years now. See attached Beacon Report for the full description of the property and the lot. 2. Acceptance of Current Condition of the Structures and Lot: The bidder will accept the property located at 2525 Windsor Avenue in regards to all structures, items, utilities, landscaping, and public sidewalks in its current condition and take full financial responsibility for all of the above. The City provides no warranty as to the condition of the property and has no information on the presence of hazardous materials, lead paint, asbestos, oil, cisterns, or other hazards. The bidder is responsible for either locating the existing property corners or taking full responsibility financially for having the lot professionally surveyed and having new property corners set to establish the boundaries of this lot if needed for new construction. 3. Terms &Conditions/Property Owner Responsibilities&Options: The bidder will accept full financial responsibility of the property located at 2525 Windsor Avenue in its current condition.The bidder is responsible for submitting a plan in writing, and shall be attached to this Bid Document as to the future intentions and use of this property in accordance with the following options available as part of this Contract.Agreement.The bidder will also have to comply with terms and conditions of the time until completion of each option below. Time until completion will begin upon Execution and signing of the Contract. 4. Insurance Requirements by Property Owner: The new owner of the property will be required to purchase and retain an insurance policy to coverthe property located at 2525 Windsor Avenue.The insurance policy must be issued and kept in place for a period equal to that of the Land Contract with the signed with the City of Dubuque. The owner will be responsible with providing a copy of Proof of insurance prior to signing the Contract Agreement with the City of Dubuque. The City must maintain a current copy of insurance on file for the duration of the Land Contract Agreement. The owner will be required to purchase dwelling coverage in the amount of $1,000,000 and have the City of Dubuque named as the additional insured and also comply with the insurance requirements in the City of Dubuque Insurance Schedule A,which is attached. Option 1: Complete Demolition/Deconstruction and Adjoining land to a neighboring/abutting property (vacant lot) The bidder must submit a plan in writing with this Bid Document to explain the intentions of complete demolition or deconstruction of the structures located on this property. Complete demolition or deconstruction must include all structures on the lot, meaning the house structures and additions as well as the garage structure.Complete demolition or deconstruction must also include all private concrete sidewalks, stairs, landings, garage pads, patio pads, etc. being removed and hauled off site. The bidder will be responsible for following all regulations and specifications of the City of Dubuque Building Department and Local Codes in regards to complete demolition or deconstruction. The bidder will be responsible for obtaining proper permits to perform all work associated with complete demolition or deconstruction. The City of Dubuque encourages sustainable deconstruction practices by diverting from the landfill by recycling, re-using, or selling any and all possible materials.The Bidder will be responsible for hauling away all building materials, debris, etc. during and upon completion of the demolition or deconstruction process. The bidder will be responsible for all final grading to match up with existing terrain and all final landscaping work to cover all bare top soil. The bidder will be responsible for maintaining the lot or yard area in accordance with all City Codes applicable to vacant lots or yards. The bidder will be responsible for maintaining all public sidewalks in accordance with all City Codes. Project Completion Time: Bidder will be granted 2 months from the time the Contract is signed and executed to complete demolition or deconstruction for the purposes of maintaining a vacant City Lot. Future Intentions/Rights of New Property Owner: Owner has the right to leave this as a permanent maintained vacant lot and retain ownership of this lot. Owner has the right to sell this maintained vacant lot to a perspective buyer. Owner has the right to construct a new house on this vacant lot, known and understanding that all and any new construction will need to be approved by all applicable City Departments with permits being issued prior to work beginning.Setback requirements must be approved by means of a variance or by meeting the current zoning requirements for setback distances for this lot. Building Department must perform the Plan Review process of all new construction and approve prior to issuing the permit to begin construction. Owner is responsible for locating existing property corners or have a licensed Professional Land Surveyor locate existing or set new property corners to determine the lot boundaries prior to new construction beginning. Insurance: Bidder will be required to submit proof of liability insurance to the City of Dubuque. The owner will be required to purchase dwelling coverage in the amount of$1,000,000 and have the City of Dubuque named as the additional insured and also comply with the insurance requirements in the City of Dubuque Insurance Schedule A, which is attached.. 21 Year Restricted Covenant Agreement/Transfer Ownership or Title:See Attached A 21 year restrictive covenant will be attached to the property. The property may only be used for single family occupancy. The covenant will be attached at the time of transfer. Option 2: Demolition/Deconstruction followed by Construction of a New Single Family Home: The bidder must submit a plan in writing with the Bid Document to outline demolition or deconstruction of the structure(s)located on this property followed by the specific intentions to construct a new home on this lot.The bidder must describe exactly which structure(s)will be demolished, in regards to the house only, or the combination of the house and the garage. Bidder must describe or provide a drawing or description of the size and type of new home to be constructed at this location. Bidder will be responsible to follow the above guidelines for all demolition or deconstruction work to any structure on this site and obtain all applicable permits for approval. The City of Dubuque encourages sustainable deconstruction practices by diverting from the landfill by recycling, re-using,or selling any and all possible materials. New construction will need approval from all applicable City Departments with proper permits issued prior to work beginning. Setback requirements must meet the current zoning requirements for setback distances for this lot or be approved for a variance. The Building Department must perform the Plan Review process for new construction and approve prior to issuance of the permit to begin construction. Owner is responsible for locating existing property corners or having a licensed Professional Land Surveyor locate existing property corners or setting new property corners to determine the lot boundaries prior to new construction beginning. Project Completion Time: Bidder will be granted 12 months from the time the Contract is signed and executed to complete demolition or deconstruction and new construction. For the purpose of this agreement, project completion is based on the certificate of occupancy being approved by the City of Dubuque Building Department. Contract:Transaction will be accomplished by land contract. Insurance: Bidder will be required to submit proof of Builders Risk and liability insurance to the City of Dubuque.The owner will be required to purchase dwelling coverage in the amount of$1,000,000 and have the City of Dubuque named as the additional insured and also comply with the insurance requirements in the City of Dubuque Insurance Schedule A, which is attached. 21 Year Restricted Covenant Agreement/Transfer Ownership or Title: See Attached A 21 year restrictive covenant will be attached to the property. The property may only be used for single family occupancy. The covenant will be attached at the time of transfer. Option 3: Partial Demolition followed by Renovation/Rebuilding/Remodeling Existing Structure for Single Family Occupancy: The bidder must submit a plan in writing with the Bid Document to outline partial demolition or deconstruction of the structure(s) located on this property followed by the specific intentions to renovate the existing structure(s). Bidder must describe all renovation work that will be done on the house and garage.The City of Dubuque encourages sustainable deconstruction practices by diverting from the landfill by recycling, re-using, or selling any and all possible materials. Note: Due to this property(House Structure) being both fire damaged and open to the elements for an extended period of time the bidder(new owner)will be responsible for hiring a Licensed Structural Engineer to perform a full evaluation along with a report that would approve any portions of the structure that are to be kept and re-used during the renovation project. No Building Permits will be issued or approved prior to the Structural Inspection by a Licensed Structural Engineer. The Building Department must perform the plan review process for all renovation work that will take place prior to issuance of a permit to begin construction. As stated above any renovation work or plans must be accompanied by a Structural Engineer's Report. Renovation Workmanship & Rehabilitation Standards: Owner must meet Rehabilitation Standards set forth in this agreement for any renovation work. W The exterior of the property, if brick will be re-used or kept in place, must maintain a clean appearance. All mortar joints must be free of any cracks or deterioration, mortar must be a similar color to existing mortar but does not need to meet historical specifications. All brick must either be stripped free of all paint or all painted. If another siding materials is to be used then the breaking point of where the brick stops must be a clean and uniform breaking point. ® Any new siding material must be new or in a clean appearance free of all cracks, chips, dents, peeling paint, color fade, etc. ® Any structural lumber must be new, if any existing lumber is to be used, or other used Lumber then it needs to be approved by a Structural Engineer prior to installation. ® All existing limestone foundation to be free of any cracking or loose mortar joints around the perimeter of the building above grade. ® Roofing to be new material, no used material. ® Soffit and Fascia, Exterior Trim to either be new material or used material that has a clean appearance free of all cracks, chips, dents, peeling paint, color fade, etc. ® All doors and windows must be either new or in above average condition,windows must be uniform around the home, meaning they must all match in color and style. ® Doors and windows to be free of any cracks, chips, dents, peeling paint, and color fade, etc. • Windows to either meet Energy Star Requirements or if they are single glaze wood then they will need a storm combination window. • All existing wood material to have a fresh coat of paint applied to it. All private and public sidewalks and concrete to meet Housing Code. • Garage to follow the same exterior specifications as the house. • Insulation to meet Local Energy Code specifications, or to the best value possible taken into consideration depth of existing walls being re-used. • All interior wall and ceiling boards to be new and meet Building Code. • All stairs to be re-constructed and meet Building Code. • Electrical, Plumbing, and Mechanical to have brand new products and be installed in accordance with Local Codes. • All Cabinets, Trim, Flooring, Interior Doors, Counters, Fixtures, etc. either be new or in above average condition free of all defects and a fresh coat of finish. Project Completion Time: Bidder will be granted 12 months from the time the Contract is signed and executed to complete demolition or deconstruction as well as renovation. For the purpose of this agreement, project completion is based on the certificate of occupancy being approved by the City of Dubuque Building Department. Contract:Transaction will be accomplished by land contract. Insurance: Bidder will be required to submit proof of Builders Risk and liability insurance to the City of Dubuque. The owner will be required to purchase dwelling coverage in the amount of$1,000,000 and have the City of Dubuque named as the additional insured and also comply with the insurance requirements in the City of Dubuque Insurance Schedule A, which is attached. 21 Year Restricted Covenant Agreement/Transfer Ownership or Title: See Attached A 21 year restrictive covenant will be attached to the property. The property may only be used for single family occupancy. The covenant will be attached at the time of transfer. Bidder Name , ` ' fad C._v� c Company or Firm Name: Owner(s) of Company or Firm: Owner(s) of Company or Firm: Owner(s) of Company or Firm: Owner(s) of Company or Firm: Owner(s) of Company or Firm: Bidder/Firm Address: ,> Home/Office Number: Cell Number: M icy JA Email Address Fax Number: If Applicable Please Fill Out Below: Company/Firm Insurance Company: id\: Company/Firm Contractor License Number: Total Bid Amount For 2525 Windsor Avenue: Print Name: Signature.- Date: ignature:Date: c - 1 � a Print Name: Signature: Date: 1,6 New Scissor Trusses 10/12 Exterior Pitch 8/12 Interior Pitch n Asphalt Shingles ew Shake Siding -21-611- New Window on Gable Wall Opening Existing 32" High Brick Parapit Wall on 2nd Floor V Existing Brick to Remain Use Existing Window/Door Openings Front Elevation View 2525 Windsor Avenue 10/12 Exterior Pitch on Dormer New 6° Wide Gable Dormer `/ with new window opening . 32" high parapit wall to be New Shake Siding re-built, and beam installed across the span to support to be installed the cantilevered floor joist and on Dormer roof load across the span. Shake siding to be installed. , Existing Brick Wall to Remain �d 1 Existir fbe g brick wall using existing re-built brick Re-use all existing n wall and deo r openings c Side Elevation 2525 Windsor Avenue Roof Specs same as front elevation New gable window openings Re-use existing New Shake brick wall Siding E: A Rear Elevation 2525 Windsor Avenue New Roof Vaulted Scissor Trusses with 10/12 Exterior Pitch Interior Pitch to be 8/12 n 32" High parapet wall on 2nd floor v 44'-5 7/8" Save Exisitng Brick Walls M 7 o Save Existing Limestone Foundation '` Keep Existng Window v Openings 2525 Windsor Avenue Side Elevation i �r i � ^, � �. �, 7 ��" 5�e 7 �,j: •,� u � ( zk. y 7 V ^i Y f / 6 cilT 1 ,,.�' ,�..�,yl _ r- f,,, i 47 w�l L Y� Y. ii <r � � u 1 I �fy 4 I j ;¢ F! r� �M ' � `a� ` k � � �k. �� i..: � i C j � � 7 Y � ��� ,� i �' ? i n �,� �7 �g v�f�: �l�l�� � �, �� ii r I ', � Y�� li' S��kr� Ai.� E . c e' -ate al x i W � b t � m, r � a r a x R ' z Y P• �r 5 r r -N WO v WEsem- u r v � r ITW .1 AN FIT- 0 agog MA Al. t' s � 7w s r ;: - 1 �� 5 r r �x { } t 3 r y d.. ROME ` 4 ri fi ; CITY OF DUBUQUE, said time of public,; IOWA_ hearing. OFFICIAL NOTICE Copies or supporting PUBLIC NOTICE is documents for the hereby given that -the public hearings are on. City City Council of the City file in the City Clerk's I of Dubuque, lowa,, vvill ,Office, and may be i hold a public hearing viewed• duringnormal. on on the 21st day of working hours. September, 2015, at ` Any visual or hearing 620 p.m. in the Historic impaired Persons need - Federal Building, 350 ,Ing special assistance W. 6th Street, second ' or persons With'special floor, Dubuque, Iowa,' accessibility needs at which meeting the should contact the City City Council proposes Clerk's Office t (563)1 to dispose of an in- 5894100or TTY `(563)2i terest in the following- `-,6906678' at , least 48 described real property ihburt prior to the by land contract to Ted meetingI. Stackis Construetion: Dated this llth day of Lot 24 in Stafford's September, 2015. Addition to the, city Of Kevin S. Firnstahl, CMC Dubuque, lovva (2525 City Clerk -4 _ Windsor Avenue) '„ RESOLUTION At- the meeting, the 307-i8 City. Council - will )NTERT,Tp:DISPOSE receive oral and ' writ- Olpe-AN',”; INTEREST' ten comments from IdITY „OF DUBUQUE any ' resident or ' REAL ' ESTATEET property owner of said TING A r TIME MD •City, to the above PLACE FOR HEARING actiOn, Writterl corn- AND PROVIDING FOR ments regarding the THE PUBLICATION OF above publiC hearing NOTICETHEREOF may be submitted to \Whereas, the City, of the City Clerk's Office, Dubuque' has obtained City Hall, 50 W. ,13th ,title to certain real Street, on Or before _property _ due to abandonment; and. Whereas, such property should be redeveloped and the certain real proOertY is readyior re -sale; and Whereas, the• City of bubtique has received a real estate 66litre:et for this certain real PrOPOrtYc4- i° Ted StaCkisiipit o rstiklOti and,' , • Whereas, by ac- cepting the real estate . contract, the City of. Dubuque'S objectives of •increased, „,-horne ownershiphand' rehabil- itation of vaCant homes,--eare ,further realized. NOW, THEREFORE, BE IT 'RESOLVED BY THE CITY' COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the I City of Dubuque, Iowa, ; intends to dispose of ; its, interest in the following, legally des-• , cribed property: Lot, 24° ih Stafford's Addition to the City of Dubuque, Iowa. (the Property). section 2. 'That the City of Dubuque, Iowa, proposes to dispose of its ---intereSt tri the Property to Ted 5tackis Construction for the sum of $101.00. • Section 3. That the City Clerk is hereby Eithorized and direct -- ed to cause this Resolution and a notice to be ,published as Prescribed by fowa Code Section 364.7 of a public hearing on the City's intent to idispose of the P1.0,1301111)ikO ,be held on the ,21st day of September, 2015, at 6:30 o'clock p!rn: at the, Historical Federal Building, 250 West 6th Street, Dubuque, Iowa. 7 Passed, approved, tend adopted this, 8th day of °Septernber, 2015. Roy D. Buol, Mayor , Attest: Kevin S. Firnstahl, City Clerk lt 9/11 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: September 11, 2015, and for which the charge is $42.19. Subscribed to before me, a : ar Public in d for Dubuque County, Iowa, this / day o , 20 /.r . otary Public in and for Dubuque County, Iowa, frRARY K. WEST R EYER Commission Numb 154665 y Comm, Exp. FEH7. ?, 2017