Sale of Property - 2249 Harold Street_Rachel Regan_Initiate Copyrighted
June 5, 2017
City of Dubuque Items to be set for Public Hearing # 2.
ITEM TITLE: Sale of Property-2249 Harold Street
SUMMARY: City Manager recommending that a public hearing be set
for June 19, 2017 for the purpose of disposing of City-
owned real property located at 2249 Harold Street to
Rachel Regan.
RESOLUTION of Intention to dispose of City-owned
property, specifically, Lot 30 and the North 5 Feet of Lot 33
in J.P. Schroeder's Addition to Dubuque, in the City of
Dubuque, Iowa, according to the recorded plat thereof—
2249 Harold Street
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution, Set Public Hearing for June 19, 2017
ATTACHMENTS:
Description Type
2249 Harold Street Sale of City-Ovvned Property-MVM City Manager Memo
Memo
Staff Memo Staff Memo
Resolution Resolutions
Notice of Public Hearing Supporting Documentation
Offer Supporting Documentation
2249 Harold Photos 1-5 Supporting Documentation
2249 Harold Photos 6-10 Supporting Documentation
2249 Harold 11-15 Supporting Documentation
2249 Harold Photos 16-20 Supporting Documentation
THE CITY OF Dubuque
fta B E I 11p y
Masterpiece 012 the Mississippi 2007.2012«2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sale of City-Owned Property at 2249 Harold Street
DATE: May 26, 2017
Housing & Community Development Department Acting Director Erica Haugen
recommends that a public hearing be set for June 19 for the purpose of disposing of
City-owned real property located at 2249 Harold Street to Rachel Regan for the
appraised value of$148,00.
1 concur with the recommendation and respectfully request Mayor and City Council
approval.
1P�' 1 I !�s!Y iAf(JA 4 f RSI
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Erica Haugen, Acting Director, Housing & Community Development Department
THE CITY OF Dubuque
UBgkE 111-America III
I.
Masterpiece on the Mississippi 2007-2012-2013
TO: Michael Van Milligen, City Manager
FROM: Erica Haugen, Acting Director, Housing & Community Development Dept.
SUBJECT: Sale of City-owned property at 2249 Harold Street
DATE: May 22, 2017
Introduction
The purpose of this memorandum is to request City Council set a Public Hearing for the
purpose of disposing of City-owned real property located at 2249 Harold Street.
Background
The Housing & Community Development Department's Rehabilitation Program provides
homeownership opportunities for low-and moderate-income households. Through the
Community Development Block Grant(CDBG) Purchase/Rehab/Resale Program, the City
acquires substandard properties and rehabilitates those homes for purchase by income
qualified homeowners. The City strives to provide affordable homeownership opportunities
throughout the City of Dubuque. This property is located outside of areas of high poverty
concentration, as identified in the recently updated Analysis of Impediments to Fair Housing.
It will offer increased housing choice for the income-qualified buyer.
Discussion
The Rehabilitation Program uses multiple funding sources to provide affordable housing
opportunities throughout the City. The CDBG and Neighborhood Stabilization Program
(NSP) funding used to rehabilitate this property requires sale to an income-eligible
household. NSP requires the property be sold to a household earning less than 50% area
median income. NSP limits the sale price of the property to the appraised value or the actual
rehabilitation costs, whichever is the lesser of the two.
To ensure affordability for households under 50% area median income, the Rehabilitation
Program seeks out multiple funding sources to help buyers finance their future home.
Rachel Regan has made an offer to purchase the property at 2249 Harold Street for
$148,000, in accordance with the value established by an independent appraiser. Ms.
Regan has secured financing through a first mortgage with Dubuque Bank & Trust. Ms.
Regan qualifies for loans through the Housing & Community Development Rehabilitation
Program as follows:
$401000 10-year forgivable loan from NSP,and;
$251000 0% interest; deferred for five (5) years, then $60/month for 35 years from
the Iowa Finance Authority (IFA) Trust Fund Program.
The financial assistance provided through the Rehabilitation Program will assist with down
payment, closing costs, other related costs, or bringing down the first mortgage ensuring the
long-term affordability of the home.
Budget Impact
CDBG Purchase/Rehab/Resale Program funds in the amount of$79,240 were utilized to
purchase the property. Prior to work beginning on this property, a tree in the back of the
property fell as a result of a storm, causing damage to the garage roof and the rear of the
house. Original estimates proposed cosmetic upgrades as the property appeared structurally
sound. Routine lead testing was performed. The siding, soffit, fascia, windows, walls, and
additional interior surfaces tested positive for lead paint and require abatement, adding
unanticipated cost. The Lead Hazard Reduction Program assisted with $14,150 towards the
cost of abatement. During the rehabilitation, deteriorated sheeting, fascia boards and trusses
were found around the entire house and garage. A basement wall fell away from the
structure. The retaining wall and a large water cistern collapsed. Termite damage was found
on the entire first floor and joists for second floor. (Pictures are attached) Neighborhood
Stabilization Program (NSP) funds in the amount of$32,328 were used to cover additional
costs associated with structural and environmental deficits. The City received an additional
$58,218 NSP funding from the Iowa Economic Development Authority (I EDA) to complete
the project. NSP funding does not have to be repaid.
All CDBG funds in the amount of$117,776 will be repaid at the time of sale. The amount to
purchase and rehabilitate this property total $207,848. This amount includes the cost of lead
paint abatement and all structural and environmental repairs required to bring the property to
rehabilitation standards.
Action Amount Funding Source Funds Repaid
Purchase Price $79,240 CDBG Purchase/Rehab/Resale yes
Rehab $38,526 CDBG Purchase/Rehab/Resale yes
Rehab $12,165 RRP yes
Rehab $63,767 NSP No
Lead Abatement $14,150 Lead Program No
TOTAL $207,848 $129,931
Sale Price $ 148,000
Programs Repaid $-129,931
NSP Funds Left $ 18,069 These funds will be used for the loan to the
buyer
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Staff from Housing & Community Development, Building, and local contractors volunteered to
assist with this rehabilitation project on April 28th for Days of Caring. The volunteer team
donated time and talent to landscape and install a small retaining wall on the property.
Action Step
I respectfully request City Council approve the attached resolution, declaring the City's intent
to dispose of the property located at 2249 Harold Street and set a public hearing for June 19,
2017 to receive comments on the proposed sale.
KLN
3
RESOLUTION NO. 196-17
A RESOLUTION OF INTENTION TO DISPOSE OF CITY -OWNED PROPERTY,
SPECIFICALLY, LOT 30 AND THE NORTH 5 FEET OF LOT 33 IN J.P. SCHROEDER'S
ADDITION TO DUBUQUE, IN THE CITY OF DUBUQUE, IOWA, ACCORDING TO THE
RECORDED PLAT THEREOF — 2249 HAROLD STREET
WHEREAS, the City of Dubuque has obtained certain real property in connection with the
Community Development Block Grant Purchase/Rehab/Resale Program to promote
affordable homeownership opportunities throughout the City of Dubuque; and
WHEREAS, the City received an offer to purchase this property from Rachel Regan; and
WHEREAS, such purpose supports the Neighborhood Stabilization Program and the
Community Development Block Grant Purchase/Rehab/Resale Program as approved by the
City Council; and
WHEREAS, by accepting the selected offer the City's objectives of providing
homeownership to an income qualified buyer and rehabilitation of a vacated home can be
realized.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, intends to dispose of its interest in the following
legally -described property:
Lot 30 and the North 5 feet of Lot 33 in J.P. Schroeder's Addition to Dubuque, in the
City of Dubuque, Iowa, according to the recorded plat thereof —
Section 2. That the City of Dubuque, Iowa, proposes to dispose of its interest in the above
described real estate to Rachel Regan for the sum of $148,000;
Section 3. That the City Clerk is hereby authorized and directed to cause this Resolution
and a notice to be published as prescribed by Iowa Code Section 364.7 of a public hearing
on the City's intent to dispose of the foregoing -described Property, to be held on the 19th
day of June, 2017, at 6:00 o'clock p.m. at the Historic Federal Building, 350 West 6th Street,
Dubuque, Iowa.
PASSED, APPROVED AND ADOPTED this 5th day of June, 2017.
Attest:
Kevin t. Firnstahl, CMC City Clerk
Ffy D Buol, Mayor
CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the City of Dubuque, Iowa, will
hold a public hearing on the 19th day of June, 2017, at 6:00 p.m. in the Historic Federal
Building, 350 West Sixth Street, second floor, Dubuque, Iowa, at which meeting the City
Council proposes to dispose of an interest in the following described real property by
sale to Rachel M. Regan:
LOT 30 AND THE NORTH 5 FEET OF LOT 33 IN J.P. SCHROEDER'S
ADDITION TO DUBUQUE, IN THE CITY OF DUBUQUE, IOWA, ACCORDING
TO THE RECORDED PLAT THEREOF — 2249 HAROLD STREET
At the meeting, the City Council will receive oral and written comments from any
resident or property owner of said City to the above action. Written comments
regarding the above public hearing may be submitted to the City Clerk's Office, City
Hall, 50 W. 13th Street, on or before said time of public hearing.
Copies of supporting documents for the public hearings are on file in the City Clerk's
Office, and may be viewed during normal working hours.
Any visual or hearing impaired persons needing special assistance or persons with
special accessibility needs should contact the City Clerk's Office at (563) 589-4100 or
TTY (563) 556-9948 at least 48 hours prior to the meeting.
Dated this (Day)th day of (Month), 2017. (date of publication)
Kevin S. Firnstahl, CMC
City Clerk
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
TO: City of Dubuque (Seller)
SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers to
buy and the undersigned SELLER by its acceptance agrees to sell the real estate situated in
Dubuque, Iowa, locally known as 2249 Harold Street, Dubuque, IA 52001 and legally described
as:
Lot 30 and the North 5 feet of Lot 33 in J.P. Schroeder's Addition to Dubuque, in the
City of Dubuque, Iowa, according to the recorded plat thereof
(Real Estate); legal description to be confirmed per continued abstract per Section 10, together
with any easements and appurtenant servient estates,but subject to the following:
A. Any easements of record for public utilities or roads;
B. Any zoning restrictions and other ordinances; and
C. Any covenants of record.
SECTION 2. PURCHASE PRICE. The purchase price shall be $148,000.00, payable in
cash at the closing.
SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable
for fiscal year 2015-2016 and prior years. Seller shall also pay real estate taxes for fiscal year
2016-2017 prorated through the date of closing. Buyer shall pay all subsequent real estate taxes
due and payable after the date of closing.
SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are
a lien on the Real Estate as of the date of acceptance of this Offer. All other special assessments
shall be paid by Buyer.
SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or
damage to the Real Estate prior to closing or possession, whichever first occurs. Seller agrees to
maintain any existing insurance, if any, and Buyer may purchase additional insurance. In the
event of substantial damage or destruction prior to closing, this Offer shall be null and void;
provided, however, Buyer shall have the option to complete the closing and receive insurance
proceeds, if any, regardless of the extent of damages. The property shall be deemed substantially
damaged or destroyed if it cannot be restored to its present condition on or before the closing
date.
SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its
present condition and delivered intact at the time of possession is delivered to Buyer.
SECTION 7. POSSESSION AND CLOSING.
7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be delivered
1
to Buyer on or before July 1, 2017, or such earlier date as the parties may agree in writing, with
any adjustments of rent, insurance, and interest to be made as of the date of transfer of
possession.
7.2 Closing shall occur after the approval of title by Buyer and vacation of the Real Estate by
Seller, but prior to possession by Buyer. Seller agrees to permit Buyer to inspect the Real Estate
within seventy-two (72) hours prior to closing to assure that the premises are in the condition
required by this Offer. If possession is given on a day other than closing, the parties shall make a
separate agreement with adjustments as of the date of possession.
7.3 This transaction shall be considered closed upon the delivery of the title transfer
documents to Buyer and receipt of all funds then due at closing from Buyer under the Offer.
SECTION S. USE OF PURCHASE PRICE. At time of settlement, fiends of the Purchase
Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of
others.
SECTION 9. FIXTURES.
9.1 Included with the Real Estate shall be all fixtures that integrally belong to, are
specifically adapted to, or are a part of the Real Estate from a structural integrity standpoint,
whether attached or detached.
9.2 The following items shall not be included: N/A
SECTION 10. ABSTRACT AND TITLE. Buyer, at Buyer's expense, shall promptly obtain
an abstract of title to the Real Estate. It shall show marketable title in Seller in conformity with
this Offer, Iowa law, and title standards of the Iowa State Bar Association. Seller shall make
every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to
provide marketable title, this Offer shall continue in force and effect until either party rescinds
the Offer after giving ten (10) days' written notice to the other party. The abstract shall become
the property of 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. Unless stricken, the abstract shall be obtained from
an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority.
SECTION 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Real
Estate to Buyer by Court Officer's Deed, free and clear of all liens, restrictions, and
encumbrances, except as provided in this Offer.
SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Offer shall
apply to and bind the successors in interest of the parties. This Offer shall survive the closing.
SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING, AND
REVIEW.
2
13.1 Not applicable. Left blank intentionally.
13.2 The Seller has no knowledge to the existence of any wells, solid waste disposal sites,
hazardous wastes or substances, underground storage tanks, or burial sites located on the Real
Estate and shall provide Buyer with a properly executed Groundwater Hazard Statement at the
time of closing. The Seller has no knowledge of and has done nothing to contaminate or allow
the contamination of the Real. Estate. The Seller has no knowledge as to any local, state, or
federal judicial or administrative action, investigation, or order regarding its environmental
condition or environmental compliance.
13.3 The Real Estate is not served by a private sewage disposal system, and there are no
known private sewage disposal systems on the property.
SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the date of
closing be free and clear of all liens, security interests, and encumbrances.
SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no party
has a lease to or other occupancy or contract right in the Real Estate which shall in anyway be
binding upon the Real Estate. Seller shall hold harmless and indemnify the Buyer for and
against any claims, which may arise or be based upon any alleged leasehold interest, tenancy, or
other right of occupancy or use for any portion for the Real Estate. This covenant shall survive
the Closing.
SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the
service of a real estate agent or broker in comlection with this transaction.
SECTION 17. CERTIFICATION. Buyer and Seller 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 breach of the foregoing certification.
SECTION 18. REMEDIES OF THE PARTIES.
18.1 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 (30) days' written
notice of intention to accelerate the payment of the entire balance because of such failure (during
which thirty (30) days such failure is not corrected) Seller may declare the entire balance
inunediately due and payable. Thereafter this contract may be foreclosed in equity and the Court
may appoint a receiver.
3
18.2 If Seller fails to timely perform this contract, Buyer has the right to have all payments made
returned to it.
18.3 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.
SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be a
waiver of such rights or a waiver of any existing or subsequent default.
SECTION 20. NOTICE. Any notice under this Offer shall be in writing and be deemed
served when it is delivered by personal delivery or mailed by certified mail, addressed to the
parties at the addresses given below.
City of Dubuque
Attn: Kris Neyen
350 W. 6th Street, Suite 312
Dubuque, IA 52001
Rachel M. Regan
14674 North Cascade Rd, Lot 105
Dubuque, IA 52001
SECTION 21. TIME IS OF THE ESSENCE. In the perfonnance of each part of this Offer,
time shall be of the essence.
SECTION 22. TIME FOR ACCEPTANCE. When accepted, this Offer shall become a
binding contract. If this Offer is not accepted and delivered to Buyer on or before 5:00 p.m. on
May 30, 2017, this Offer shall be null and void and all payments shall be returned immediately to
the Buyer.
SECTION 23. ENTIRE AGREEMENT. This Offer contains the entire agreement of the
parties and shall not be amended except by a written instrument duly signed by Seller and Buyer.
SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph headings
are for convenience of reference and shall not limit or affect the meaning of this Offer. Words
and phrases herein shall be construed as in the singular or plural number, and as masculine,
feminine, or neuter gender according to the context.
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SECTION 25. OTHER PROVISIONS.
25.1 Seller will provide Buyer with a signed. Acknowledgment of Voluntary Negotiation and
Purchase of Property at the time of closing.
25.2 This Offer is subject to the final approval of the City Council of the City of Dubuque,
Iowa in its sole discretion. If the City Council of the City of Dubuque, Iowa does not approve
this Offer, it shall become automatically void and neither party shall be bound by the terms and
conditions set forth herein.
25.3 Buyer acknowledges that the real estate is being purchased used, "AS IS", "WHERE IS"
"WITH ALL FAULTS" and "WITHOUT WARRANTY".
Accepted: , 2017 Dated: 5-1 2017
SELLER BUYER
CITY OF DUBUQUE RACHEL M. REGAN
EIN: 42-6004596 SS #478-21-5447
B . rica Haugen, Housing & Community By: Rachel M. Regan
Development Acting Director
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