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DICW Property Acquisition_PennsylvaniarxE ciTV o~ ~~$ .~' Dubuque All-nm~icaciry MltSi`C'?~1I~'C~ 0t1 the M1SStSS2~t .. 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: DICW Property Acquisition DATE: February 25, 2008 As the City anticipates the development of the North Siegert farm into industrial sites and the future construction of Pennsylvania Avenue (formerly Middle Road), Economic Development Director Dave Heiar recommends City Council approval to purchase three properties on Pennsylvania Road. It is anticipated that a portion of the front yard of these properties will be needed for the Pennsylvania Avenue improvement. The owners have established sale prices for their properties as follows: Property Owner Address Purchase Price Lex, Allen and Mary 7000 Pennsylvania $ 173,000 Steffen, Lloyd and Jane 6950 Pennsylvania $ 147,500 White, Elaine 6900 Pennsylvania $ 165,000 Total $ 485,500 In 2004, the property owners submitted appraisals for the properties for $148,000, $142,000 and $150,000, for a total value of $440,000. The asking price for all three properties is $485,500. According to City Assessor Rick Engelken, the actual sales price of residential homes in this range increased by 10% from 2004 (the year of their appraisals) to 2007. Based on their appraisals plus 10%, the total value would be $484,000. It would appear that their asking prices are in line with their 2004 appraisals. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager David J. Heiar, Economic Development Director ~~ ',` . ichael C. Van Milligen ~ ~ ~~ THE CTiY OF Dubuque DUB E -- Master iece nn the Mississi i '`I ~-~ ~ ~p MEMORANDUM February 25, 2008 TO: Michael Van Milligen, City Manager FROM: David J. Heiar, Economic Development Director SUBJECT: DICW Property Acquisition INTRODUCTION As the City anticipates the development of the North Siegert farm into industrial sites, and the future reconstruction of Pennsylvania Avenue (formerly Middle Road), the City may want to consider acquiring three homes located on Pennsylvania Avenue. BACKGROUND In 2004, the City was approached by Tom Bitter who represented the owners of three homes on Pennsylvania Avenue (White, Steffen, and Lex). The property owners were concerned about the City's plans for a proposed industrial park surrounding their homes (see North Siegert Farm on attached map). The owners submitted appraisals for their properties for $148,000, $142,000, and $150,000 respectively. The total value according to their appraisals was $440,000. In early 2005, the City had its own appraisal. The total value according to our appraisal was $388,000. Neither the property owners' nor the City's appraisals includes relocation or demolition costs. At that time, the City decided not to pursue acquisition of the homes since the development of the North Siegert farm into an industrial park was not imminent and there was no physical barrier the homes would create to development of the industrial park. In November 2006, IIW Engineers prepared an analysis and a preliminary cost estimate for development of the North Siegert farm. The analysis recommends the reconstruction of this portion of Pennsylvania Avenue before the northerly portion of the North Siegert farm is graded and developed for industrial sites. The report states: The relationship of the northerly area of the North Siegert Farm to Pennsylvania Avenue presents many difficulties with the current alignment of Pennsylvania Avenue, primarily related to the vertical profile of Pennsylvania Avenue. The possible alignment of a connecting street (between Chavenelle Drive and Pennsylvania Avenue) and the possibility of lot access directly onto Pennsylvania Avenue will be very dependent on the future characteristics of Pennsylvania Avenue improvements. The engineer's recommendation is that the City could develop the southern portion of the North Siegert farm as Phase I (approximately 95 acres).The remaining 20 acres to the North would be developed after Pennsylvania Avenue is reconstructed. It is also anticipated that a portion of the front yard of the three homes located on Pennsylvania Avenue will be needed for the Pennsylvania Avenue improvement. The conceptual design for Pennsylvania Avenue, prepared by the City's Engineering Department, also indicates that additional ROW will be needed when this street is reconstructed. On January 22, 2008, a contract for design engineering services for the North Siegert Farm was awarded to IIW Engineers. Development of the south portion of the site is anticipated to begin in spring 2008. In an effort to avoid eminent domain at some future date, Aaron DeJong and I have met and corresponded with the property owners and their attorney. The owners have established sale prices for their properties as follows: Property Owner Address Purchase Price Lex, Allen and Mary 7000 Pennsylvania $ 173,000 Steffen, Lloyd and Jane 6950 Pennsylvania $ 147,500 White, Elaine 6900 Pennsylvania $ 165,000 Total $ 485,500 The asking price for all three properties is $485,500. According to City Assessor Rick Engelken, the actual sales price of residential homes in this range increased by 10% from 2004 (the year of their appraisals) to 2007. Based on their appraisals plus 10%, the total value would be $484,000. It would appear that their asking prices are in line with their 2004 appraisals. I have had discussions with the City's Housing Department staff regarding the potential to move these houses to other lots in the City. Based on previous experience, they feel these houses could be relocated. Should this not be feasible, the homes will be deconstructed. Obviously, this is in line with the Council's priorities to salvage materials rather than add to the landfill volume. FUNDING OPTIONS City staff has begun the process to amend our Urban Renewal District to include these homes. Once the properties are in the Urban Renewal District, the City could use TIF to purchase the homes. RECOMMENDATION Since the property owners are willing sellers, it is my recommendation, that the Council approve the attached offers to purchase the following properties: Property Owner Lex, Allen and Mary Steffen, Lloyd and Jane White, Elaine Total Address 7000 Pennsylvania 6950 Pennsylvania 6900 Pennsylvania Purchase Price $ 173,000 $ 147,500 $ 165,000 $ 485,500 The offers would allow each property owner until December 2009 to close on the voluntary sale of their property. According to Barry Lindahl, City Attorney, each offer is considered a binding contract and can be enforced if necessary. F:\USERS\DHeiar\North Siegert\Pennsylvania Homes acquisition memo.doc .,, Prepared by: Barry A. Lindah1300 Main Street Suite 330 Dubuque IA 52001 563 583-4113 OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Elaine White, 6900 Pennsylvania, Dubuque Iowa, Seller: 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa, Buyer offers to buy real estate in Dubuque County, Iowa, described as follows: Lot 2 of the NW'/4 of the NE'/4 of Sec. 30, Dubuque Twp., Dubuque, Iowa with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate. 2. PRICE. The purchase price shall be $ 165,000.00, payable at Dubuque, Iowa, as follows: $165,000.00 cash at closing 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. 4. SPECIAL ASSESSMENTS. Not applicable. 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Seller's delivery of possession of the Real Estate to Buyer shall be as follows: Seller shall maintain $135,000.00 of fire, windstorm and extended coverage insurance on the Real Estate until possession is given to Buyer and shall promptly secure endorsements to the appropriate insurance policies naming Buyer as additional insured. Risk of loss from such insured hazards shall be on Buyer after Seiler shaii have performed under this paragraph and notified Buyer of such performance. 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller,. Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be required to repair or replace same. 7. POSSESSION. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on December 31, 2009, or such earlier date as the parties shall agree, with any adjustments of rent, insurance, and interest to be made as of • ~. . the date of transfer of possession. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale. 9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 10. ABSTRACT AND TITLE. Seller, at Seller's expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyer for examination. It shall show merchantable title in Seller in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyer when the purchase price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or Seller's assignees. 11. DEED. Upon payment of the purchase price, Seller shall convey the Real Estate to Buyer or their assignees, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 a. through 1 c. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Seller continuing up to time of delivery of the deed. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of this offer, holds title to the Real Estate in' joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Real Estate, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either Seller, agree to pay any balance of the price due Seller under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 11. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. ~.. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. REMEDIES OF THE PARTIES a. If Buyer fails to timely perform this contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Seller fails to timely perform this contract, Buyer has the right to have all payments made returned to them. c. Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 16. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Seller shall furnish Buyers with a written statement from the holder of such lien, showing the correct balance due. 17. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 18. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 21. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before 5:00 p.m., February 28, 2008, it shall become void and all payments shall be repaid to the Buyer. 22. OTHER PROVISIONS. a. This Offer to Buy and Acceptance is subject to the approval of the City Council of the City of Dubuque, Iowa. b. Seller acknowledges that Buyer is also submitting offers to Allen and Mary Lex .. ; and to Lloyd and Jane Steffen. Unless this` Offer and the offers to Allen and Mary Lex and to Lloyd and Jane Steffen are accepted by Sellers on or before 5:00 p.m., February 28, 2008 and approved by the City Council of the City of Dubuque by March 3, 2008, then this Offer shall be void. ;, , ~~ Dated : ~- - ~~ ~G~ ^r"'~ CITY OF DUBUQUE, IOWA By ~ ~~ ~ ~,~ Michael C. Va Mi ligen, Ci y Manager THIS OFFER IS ACCEPTED Dated: ~.~-~ -~.~" L~ ~.. ,..~ „ ~~ ~~ , ~~ . ~~ ~~~~~ Elaine White, Seller OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Lloyd and Jane Steffen, 6950 Pennsylvania, Dubuque Iowa, Sellers: 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa, Buyer offers to buy real estate in Dubuque County, Iowa, described as follows: Lot 2-1 of the NW '/< of the NE'/. of Section 30, Dubuque Township, Dubuque, Iowa with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate. 2. PRICE. The purchase price shall be $ 147,500.00, payable at Dubuque, Iowa, as follows: $ 147,500.00 cash at closing 3. REAL ESTATE TAXES. Sellers shall pay any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. 4. SPECIAL ASSESSMENTS. Not applicable. 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of possession of the Real Estate to Buyer shall be as follows: Sellers shall maintain $117,500.00 of fire, windstorm and extended coverage insurance on the Real Estate until possession is given to Buyer and shall promptly secure endorsements to the appropriate insurance policies naming Buyer as additional insured. Risk of loss from such insured hazards shall be on Buyer after Sellers shall have performed under this paragraph and notified Buyer of such performance. 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Sellers, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. 7. POSSESSION. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on December 31, 2009, or such earlier date as the parties shall agree, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping, but not including the utility storage shed, shall be considered a part of Real Estate and included in the sale. 9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 10. ABSTRACT AND TITLE. Sellers, at Sellers' expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyer for examination. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyer when the purchase price is paid in full. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or Sellers' assignees. 11. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or their assignees, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 a. through 1 c. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, holds title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either Sellers, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 11. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract 15. REMEDIES OF THE PARTIES a. If Buyer fails to timely perform this contract, Sellers may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Sellers' option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Sellers fails to timely perform this contract, Buyer has the right to have all payments made returned to them. c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 16. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Sellers shall furnish Buyers with a written statement from the holder of such lien, showing the correct balance due. 17. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form cf the Iowa State Bar Association. 18. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval, If this contract is not so approved, it shall be void. 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. ~~ 21. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before 5:00 p.m. on February 28, 2008, it shall become void and all payments shall be repaid to the Buyer. 22. OTHER PROVISIONS. a. This Offer to Buy and Acceptance is subject to the approval of the City Council of the City of Dubuque, Iowa. b. Sellers acknowledge that Buyer is also submitting offers to Elaine White and to Allen and Mary Lex. Unless this Offer and the offers to Elaine White and Allen and Mary Lex are accepted by Sellers on or before 5:00 p.m., February 28, 2008 and approved by the City Council of the City of Dubuque by March 3, 2008, then this Offer shall be void. Dated: ~~Z/~('P,~ CITY OF DUBUQUE, IOWA By: 2~ ~ ~ 7/ Mich el C. Van illigen, City Manager THIS OFFER IS ACCEPTED Dated: ~.~- / 3, z « v~ Lloyd Steff ,Seller ~~ ~~~~„ , Jane Steffen, Seller U OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Allen and Mary Lex, 7000 Pennsylvania, Dubuque Iowa, Sellers: 1. REAL ESTATE DESCRIPTION. The City of Dubuque, Iowa, Buyer offers to buy real estate in Dubuque County, Iowa, described as follows: Lot 2 of the Sub. Of E. 10', in the NE '/. of the NW '/, of Sec. 30, Dubuque Twp., Dubuque, Iowa with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate. 2. PRICE. The purchase price shall be $ 173,000.00, payable at Dubuque, Iowa, as follows: $ 173,000.00 cash at closing 3. REAL ESTATE TAXES. Sellers shall pay any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. 4. SPECIAL ASSESSMENTS. Not applicable. 5. RISK OF LOSS AND INSURANCE. Risk of loss prior to Sellers' delivery of possession of the Real Estate to Buyer shall be as follows: Sellers shall maintain $143,000.00 of fire, windstorm and extended coverage insurance on the Real Estate until possession is given to Buyer and shall promptly secure endorsements to the appropriate insurance policies naming Buyer as additional insured. Risk of loss from such insured hazards shall be on Buyer after Sellers shall have performed under this paragraph and notified Buyer of such performance. 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyer, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Sellers, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Sellers shall not be required to repair or replace same. 7. POSSESSION. If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on December 31, 2009, or such earlier date as the parties shall agree, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping, but not including the utility storage shed, shall be considered a part of Real Estate and included in the sale. 9. USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 10. ABSTRACT AND TITLE. Sellers, at Sellers' expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyer for examination. It shall show merchantable title in Sellers in conformity with this agreement, Iowa law and Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyer when the purchase price is paid in full. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or Sellers' assignees. 11. DEED. Upon payment of the purchase price, Sellers shall convey the Real Estate to Buyer or their assignees, by Warranty Deed, free and clear of all liens, restrictions, and encumbrances except as provided in 1 a. through 1 c. Any general warranties of title shall extend only to the time of acceptance of this offer, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, holds title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and Buyer, in the event of the death of either Sellers, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 11. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. REMEDIES OF THE PARTIES a. If Buyer fails to timely perform this contract, Sellers may forteit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Sellers' option, upon thirty days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract may be foreclosed in equity and the Court may appoint a receiver. b. If Sellers fails to timely perform this contract, Buyer has the right to have all payments made returned to them. c. Buyer and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 16. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Real Estate, Sellers shall furnish Buyers with a written statement from the holder of such lien, showing the correct balance due. 17. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 18. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. 20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 21. TIME FOR ACCEPTANCE. If this offer is not accepted by Seller on or before 5:00 p.m. on February 28, 2008, it shall become void and all payments shall be repaid to the Buyer. 22. OTHER PROVISIONS. a. This Offer to Buy and Acceptance is subject to the approval of the City Council of the City of Dubuque, Iowa. b. Sellers acknowledge that Buyer is also submitting offers to Elaine White and to Lloyd and Jane Steffen. Unless this Offer and the offers to Elaine White and Lloyd and Jane Steffen are accepted by Sellers on or before 5:00 p.m., February 28, 2008 and approved by the City Council of the Cit~.of Dubuque by March 3, 2008, then this Offer shall be void. Dated: ~ y U~ CITY OF DUBUQUE, IOWA By: Mi hael C. Van ~Milligen, City Manager THIS OFFER IS ACCEPTED Dated: ~ v o Allen Lex, Seller J~2~~ ,~ / Mary Lex, er