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Intent to Dispose of Property at 396 W. Locust Street_Anderson_HearingCopyrighted June 15, 2020 City of Dubuque Public Hearings # 1. ITEM TITLE: Intent to Dispose of Property at 396 W. Locust Street SUMMARY: Proof of publication on notice of public hearing to consider disposing of City -owned real property located at 396 West Locust Street to Melissa M. and Wesley M. Anderson, and the City Manager recommending approval. SUGGESTED DISPOSITION: RESOLUTION Disposing of City Interest in real property by deed to Melissa M. and Wesley M. Anderson Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type 396 West Locust Street Sale-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Approving Sale Resolutions Special Warranty Deed Supporting Documentation Signed Offer Supporting Documentation City Response to Inspection Supporting Documentation Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sale of City -Owned Property at 396 West Locust Street DATE: June 9, 2020 Dubuque bitil All-A.aia City 111111 2007.2012.2013 2017*2019 Housing and Community Development Director Alexis Steger recommends the City Council approve and adopt a Resolution and Special Warranty Deed for the sale of City - owned real property located at 396 West Locust Street to Melissa M. and Wesley M. Anderson for $144,500. The City purchased the property in 2015 using Community Development Block Grant (CDBG) funds in the amount of $37,180 with the intention to renovate the property. Total rehabilitation, including lead paint hazard abatement and meeting all historic guidelines, was approximately $167,000, bringing the City's investment total to approximately $204,180. A $15,000, 0% interest loan will be made available to the buyers to assist with down payment, closing costs, other related costs, or simply by reducing the 1st mortgage. Ten Thousand Dollars will be a 5-year forgivable loan and $5,000 will be due on sale of property. Revenue from the sale of this property will go back to the original funding source which is Community Development Block Grant. Financing to Melissa and Wesley Anderson will be provided through a first mortgage from Dupaco Community Credit Union. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Alexis M. Steger, Housing and Community Development Director Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Sale of City -owned property at 396 West Locust Street DATE: June 3, 2020 Dubuque ill -America City 2007.2012 2013.2017 Introduction The purpose of this memorandum is to request approval of the attached Purchase Agreement and Special Warranty Deed for the sale of City -owned real property located at 396 West Locust Street to Melissa M. and Wesley M. Anderson. Background As part of continued efforts to rehab blighted properties, the City approached DB&T Community Development Corp in 2012 and requested they purchase the property at 396 West Locust Street as an attempt to make sure this property would be rehabbed properly with the potential of increase homeownership opportunities. DB&T Community Development Corp maintained the property until March 2015, when the City purchased it from them using Community Development Block Grant (CDBG) funds in the amount of $37,180 with the intentions to renovate the property. Total rehabilitation, including lead paint hazard abatement and meeting all historic guidelines, was approximately $167,000, plus the acquisition cost of $37,180 bringing the City's investment total to approximately $204,180. Discussion This property was identified to have great potential to rehabilitate and sell it to an income -qualifying household under 80% median income. The City strives to provide affordable homeownership opportunities throughout the City of Dubuque. It offers increased housing choice for an income qualified buyer using CDBG funds, as cited in the Voluntary Compliance Agreement (VCA) findings. An offer has been made by Melissa M. and Wesley M. Anderson to purchase the property at 396 West Locust Street for $144,500. A $15,000, 0% interest loan will be made available to the buyers to assist with down payment, closing costs, other related costs, or simply by reducing the 1st mortgage. $10,000 will be a 5-year forgivable loan and $5,000 will be due on sale of property. Revenue from the sale of this property will go back to the original funding source which is Community Development Block Grant (CDBG) 26061300-54104. Financing to Melissa and Wesley Anderson will be provided through a first mortgage from Dupaco Community Credit Union. This sale/rehabilitation will maintain owner occupied housing in the neighborhood and increase the tax base. Additionally, it meets the Voluntary Compliance Agreement (VCA) objectives of increasing homeownership opportunities for low -moderate income households throughout the City of Dubuque Recommendation I respectfully request the City Council passes, approves and adopts the attached Resolution and Special Warranty Deed for the sale of 396 West Locust Street. KLN/Attach. 2 Prepared by: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 (563)-690-6094 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 (563)-690-6094 RESOLUTION NO. 185-20 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO MELISSA M. AND WESLEY M. ANDERSON Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof, together with and subject to all easements and agreements of record; locally known as 396 West Locust Street; and Whereas, City and Melissa M. and Wesley M. Anderson have tentatively entered into a Purchase Agreement pursuant to which City will convey the Property to Melissa M. and Wesley M. Anderson; and Whereas, the City Council, by Resolution No. 166-20, dated June 1, 2020, declared its intent to dispose of City interest in the Property; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on June 15, 2020. at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Purchase Agreement for the sale of the Property to Melissa M. and Wesley M. Anderson according to the terms and conditions set out in the Purchase Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1.The Purchase Agreement by and between the City of Dubuque and Melissa M. and Wesley M. Anderson for the sale of the Property, a copy attached hereto, is hereby approved. Section 2.The Mayor is hereby authorized and directed to execute and deliver a Special Warranty Deed, disposing all of the City's interest in the Property to Melissa M. and Wesley M. Anderson. 1 Section 3.The City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a certified copy of the Resolution. Passed, approved, and adopted this 15th day of June 2020. Attest: Ke in S. Firnstahl, City Clerk Roy D. Buol, Mayor 2 u V II 1111 Doc ID 010539800010 Type GEN Kind: DEED WITH RESOLUTION Recorded: 07/29/2020 at 02:35:41 PM Fee Amt: $57.00 Page 1 of 10 Revenue Tax: $0.00 Dubuque County Iowa John Murphy Recorder Fi1e2020-00011035 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: Melissa M. and Wesley M. Anderson 396 West Locust Street Dubuque, Iowa 52001 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Melissa M. and Wesley M. Anderson, a single person, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof, together with and subject to all easements and agreements of record; This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. a -e of the City Council of the City of Dubuque adopted the ,,[5I day of , 2020, the terms and conditions thereof, if any, having been fulfilled. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this`day of , 2020 at Dubuque, Iowa. CITY OF DUBUQUE IOWA By: 1&<.. Roy D,/Buol, Mayor Attest: Kevili S. Firnstahl, City Clerk STATE OF IOWA SS COUNTY OF DUBUQUE On this Ito+ `day of 4 ice, , 2020, before me a Notary Public in and for said County, personally ap.•ared 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 P •Iic in and for Dubuque County, Iowa JEAN M. NOEL Commission Numbs; 746793 My Comm. Exp. !_ Z° 2 Prepared by: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 (563)-690-6094 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 (563)-690-6094 RESOLUTION NO. 185-20 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO MELISSA M. AND WESLEY M. ANDERSON Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof, together with and subject to all easements and agreements of record; locally known as 396 West Locust Street; and Whereas, City and Melissa M. and Wesley M. Anderson have tentatively entered into a Purchase Agreement pursuant to which City will convey the Property to Melissa M. and Wesley M. Anderson; and Whereas, the City Council, by Resolution No. 166-20, dated June 1, 2020, declared its intent to dispose of City interest in the Property; and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on June 15, 2020 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Purchase Agreement for the sale of the Property to Melissa M. and Wesley M. Anderson according to the terms and conditions set out in the Purchase Agreement is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1.The Purchase Agreement by and between the City of Dubuque and Melissa M. and Wesley M. Anderson for the sale of the Property, a copy attached hereto, is hereby approved. Section 2.The Mayor is hereby authorized and directed to execute and deliver a Special Warranty Deed, disposing all of the City's interest in the Property to Melissa M. and Wesley M. Anderson. 1 Section 3.The City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be recorded in the Office of the Dubuque County Recorder, together with a certified copy of the Resolution. Passed, approved, and adopted this 15th day of June 2020. Attest: Ke 'in S. irnstahl, City Clerk Roy D. Buol, Mayor 2 CERTIFICATE of the CITY CLERK STATE OF IOWA ) 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. 185-20 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 16th day of June, 2020. Kevi . Firnstahl, CMC, City Clerk RESOLUTION NO. 166-20 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO MELISSA M. AND WESLEY M. ANDERSON, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns 396 West Locust Street (the Property) legally described as: Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667, 668, and 669 to Dubuque, i,n the City of Dubuque, Iowa, according to the recorded plat thereof, together with and subject to all easements and agreements of record; and WHEREAS, City acquired the Property from DB&T Community Development Corp as a vacant property for the purpose of its restoration and re -sale for owner -occupied housing; and WHEREAS, City received an offer to purchase the property from Melissa M. and Wesley M. Anderson; 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 and is consistent with the City goal of creating opportunities for affordable home ownership. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque, Iowa; proposes to dispose of its interest in the above described real estate to Melissa M. and Wesley M. Anderson for the sum of $144,500.00. Section 2. That the City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 15th day of June 2020 beginning at 6:30 p.m. Section 3. That the City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 1st day of June 2020. Attest: Kevi,n'S. Firnstahl,City OTerk 4-6 oy D. Buol, Mayor STATE OF IOWA SS: DUBUQUE COUNTY CERTIFICATE OF PUBLICATION I, Kathy Goetzinger, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald, a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: 06/05/2020 and for which the charge is 58.59 00.614., Subscribed to before me, a Notary Public in and for Dubuque County, Iowa, this 5th day of June, 2020 Notary 1 tblic in and for Dubuque County, Iowa. JANET K. PAPE Commission Number 199859 lily Comm Exp, DEC 11, 2r44.2 Ad text : 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 15th day of June 2020, at 6:30 p.m. in the Historic Federal Building, 350 West 6th Street, second floor, Dubuque, Iowa, (and/or by virtual means) at which meeting the City Council proposes to dispose of an interest in the following described real property to Melissa M. and Wesley M. Anderson: Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof, together with and subject to all easements and agreements of record Locally known as 396 West Locust Street. Copies of supporting documents for the public hearing are on file in the City Clerk's Office, City Hall, 50 W. 13th St., Dubuque, Iowa, and may be viewed during normal working hours. Agendas can be accessed at https:// www.cityofdubuque.org/Agendas. Written continents regarding the above public hearing should be submitted to the City Clerk's Office, 50 W. 13th St., Dubuque, IA 52001, ctyclerk@cityofdubuque.org and www.facebook.com/cityofdubuque on or before said time of public hearing. Individuals with limited English proficiency, vision, hearing or speech impairments or requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD/TTY (563) 690-6678, ctyclerk@cityofdubuque.org as soon as feasible. Deaf or hard -of -hearing individuals can use Relay Iowa by dialing 711 or (800) 735-2942. In the event that a meeting at the Historic Federal Building location is not possible as a result of the COVID-19 pandemic, instructions for a virtual meeting and public input will be posted on the meeting agenda on Friday, June 12, 2020 at https:// www. cityofdubuque. org/agendas. Kevin S. Firnstahl, CMC, City Clerk RESOLUTION NO. 166- 20 INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO MELISSA M. AND WESLEY M. ANDERSON, SETTING A TIME AND PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns 396 "West Locust Street (the Property) legally described as: Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof, together with and subject to all easements and agreements of record; and WHEREAS, City acquired the Property from DB&T Community Development Corp as a vacant property for the purpose of its restoration and re -sale for owner -occupied housing; and WHEREAS, City received an offer to purchase the property from Melissa M. and Wesley M. Anderson; 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 and is consistent with the City goal of creating opportunities for affordable home ownership. `NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA THAT: Section 1. The City of Dubuque, Iowa, proposes to dispose of its interest in the above described real estate to Melissa M. and Wesley M. Anderson for the sum of $144,500.00. Section 2. The City Council shall conduct a public hearing on the proposed disposition of real estate in the City Council Chambers at the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa on the 15th day of June 2020 beginning at 6:30 p.m. Section 3. The City Clerk be and is hereby authorized and directed to publish notice of the public hearing in the form attached hereto, according to law. Passed, approved and adopted this 1st day of June 2020. Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, City Clerk It 6/5 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. 166-20 and assocaiated Certificate of Publication 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 24th day of June, 2020. KeviS. Firns ahl, CMt, City Clerk Doc ID: 010686020002 Type: GEN Kind: AFFIDAVITS Recorded: 03/01/2021 at 09:57:34 AM Fee Amt: $12.00 Pape i of 2 Dubuque County Iowa John Murphy Recorder Fiie2021-00003286 Prepared by Crenna M. Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001 563-589-4381 Return to Adrienne Breitfelder, 50 West 13th Street, Dubuque, IA 52001 563-589-4120 SCRIVENER'S AFFIDAVIT Property Identification Number: 1024329012 Document Number to Correct: 2020-00011035 I, Crenna Brumwell, being first duly sworn upon my oath state: 1. I am the affiant and preparer of this Scrivener's Affidavit. 2. 1 am the drafting attorney of the above -referenced document number 2020-00011035. 3. Document number 2020-00011035 included the following mistake: ... GRANT, SELL, AND CONVEY unto Melissa M. and Wesley M. Anderson, a single person, the following described real estate .... which is hereby corrected as follows: ... GRANT, SELL, AND CONVEY unto Melissa M. and Wesley M. Anderson, wife and husband, the following described real estate .... QC10 (I Gam.( U-ty (L 4. I, Crenna Brumwell, the affiant, do hereby swear to the above correction, and believe it to be the true and accurate intention of the parties who drafted, executed, and recorded the above -referenced document. The statements above as documented are true and accurate to the best of my knowledge. , zc Crenna Brumwell, City Attorney Subscribed and sworn to before me by Crenna Brumwell, City Attorney, in the City of Dubuque, on this 1y day of Fib ru a , 2021. IENNIFER M. MESSERICH ommission Num er 7 3874 '<Comm. Exp, N ary Puldlic //II/II1/I/I1I/IIII/II//I//IIII/I//II//I!I/IIIIIIII/I/I//II///ii///ii//i//iiiiii iii iiiio iiii iiii Doc ID: 010539810002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 07/29/2020 at 02:35:57 PM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2020_00001452 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 Wesley and Melissa Anderson Address 1512 Commerce Street, Apartment 811, Dallas, TX 75201 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 396 West Locust Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 1 of the Subdivision of Lot 15 in D.N. Cooley's Subdivision of part of Out Lots 667, 668, and 669 to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof 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. AoAO- [ 1 a 35 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) 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) 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 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 INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: ✓A 0,L Telephone No.: (563) 690-6094 i" (Transfe r or A e t) FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) CrECIAR 1 PURCHASE CONTRACT Page 1 of 4 Pages THIS IS A LEGAL BINDING DOCUMENT. IF NOT UNDERSTOOD SEER LEGAL ADVICE DATE OF OFFER 05/12/2020 AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION 1. This document is prepared by: EXIT Realty Dubuque Jill Conrad firm name/agent name 2. (Check one) PSeller Exclusively Buyer Exclusively 0Both Buyer and Seller (Dual Agency), 3. or AS AGENT FOR 4. Buyer and Seller confirm that written disclosures of agency representation were provided to them, they understand 5. who is representing them, and the disclosures were provided prior to signing this Offer for Real Estate. 6. DOCUMENTS ATTACHED TO THIS PURCHASE CONTRACT 7. 0 Dual Agency Consent Agreement 8. Lead Base Paint Disclosure Seller Disclosure of Property Condition 9. .Inspection Addendum la Sale Contingency 10. (Addendum to Purchase ®Rental Addendum 11. CIL Radon Disclosure !: Other Documents/Attachments/Legal Description: 12. City application, bank application, pre approval 13. OFFER TO:City of Dubuque Housing and Community Development Seller Names 14. The undersignedWesley M Anderson and Melissa M Anderson Buyer names 15. Hereby propose to purchase your property known as: 396 W Locust st Address 16. IA, 52001 Parcel #(s)_1024329012 (herein designated as SELLER) (herein designated as BUYER) Dubuque City State ZIP 17. and agrees to pay you the sum of:One Hundred Forty-four thousand five hundred dollars 18. $144,500 as follows: $0 earnest money to be held in trust by (select one) 0 Listing Broker, 19. or, 0 other . Earnest money shall be 20. increased to $1000 within 4 days of acceptance and again held in trust as previously agreed. In the event of 21. satisfaction of both Buyer and Seller contingencies herein, the earnest money deposits and balance of the purchase price shall be 22. delivered to Seller at settlement. In the event either Buyer or Sellers' contingencies or obligations herein are not satisfied, the 23. earnest money shall be distributed in accordance with the paragraph entitled "Remedies of the Parties". 24. ALL USUAL COSTS INCURRED IN SECURING SUCH MORTGAGE SHALL BE PAID BY THE BUYER EXCEPT: SELLER TO PAY UP TO 25. $2000 TOWARD BUYERS CLOSING COSTS AND PREPAID ITEMS. 26. OTHER TERMS/CONTINGENCIES Buyer income qualifies and may utilize some of the city incentives provided. 27. The Purchase Price is be paid as follows: (Check the Appropriate Box(s)) 28. CASH to be paid on settlement date. This offer is not contingent upon Buyer obtaining financing. Seller has 29. right to receive immediate verification of funds. El Seller El Buyer is responsible for settlement fee. 30. Terms as follows: 31. FINANCING This contract is contingent upon the Buyer obtaining a written commitment for financing with 32. terms as provided in lines 39-41 of this contract. 33. ®Conventional DConventional Insured 34. ® FHA OVA 35. Land Contract(terms as follows) 36. ['OTHER 37. If Buyer provides written proof Buyer is unable to obtain financing, this contract is terminated and earnest 38. money returned. 39. DOWNPAYMENT 20 _(%) percent (or) $_ INTEREST RATE not to exceed: 3.6 % per annum 40. TERM OF MORTGAGE/LOAN 30 years. DATE FOR FINANCING CONTINGENCY RELEASE:17/10/2020 , Or 41. Within days after. 42. If Buyer does not make timely delivery of said contingency release, then Seller may terminate this offer by written 43. notice to Buyer. 44. PRE -APPROVAL LETTER (check one) attached El delivered by BUYER INITIAL c/ 10:22 PM EDT dotloop verified INITIAL r/'/ 9:31 PM CDT dotloop verified Other Erin @ Dupaco SELLER INITIAL 05/13/20 INITIAL 2:40 PM CDT dotloop verified PROPERTY396 La us Address it itat ZIP 45. Broker may continue to offer and show the property for sale and Seller may accept backup offers unt 46, SETTLEMENT. Settlement shall occur and legal possession shall be given on or before Date: 7/24/2020 Or, 47. Within days after the 48. OCCUPANCY. Occupancy shall be given to Buyer (choose one) ll" at settlement, or : Date: 49. THIS AGREEMENT IS ALSO SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 50. TRUST PAYMENTS. It is agreed that at time of settlement, funds, up to the purchase price, received from the 51. Buyer and/or Buyer's lender may be used to pay taxes, other liens and expenses associated with this 52. transaction, same to be handled under the supervision of the Listing Broker so as to produce marketable title. 53. Seller hereby appoints the Listing Broker, escrow company or lender to receive such funds and make such 54. payments and disbursements. 55. REAL ESTATE TAXES, SPECIAL ASSESSMENTS, AND CHARGES 56. Unless otherwise agreed to in writing, all Real Estate taxes due and payable prior to and including the settlement date will 57. be paid by the Seller. Any taxes that cannot be paid to the Treasurer at the time of settlement will be pro -rated between the 58. Seller and the Buyer. Any such pro -rates will be based on current millage rates, current roll backs, and current assessed 59. values as certified by the appropriate taxing authority. All Real Estate Taxes due and payable after the settlement date will 60. be paid by the Buyer. All special assessments that constitute a lien at the time of settlement of this offer are to be paid 61. by Seller. All charges for solid waste removal, utilities, and assessments for maintenance attributable to Seller's 62. possession are to be paid by Seller. All liens caused by Seller(s) ownership, such as mechanics liens, mowing, snow 63. removal, etc. are to be paid by Seller. All subsequent taxes and special assessments are to be paid by Buyer. Interest, rents, 64. homeowners' association dues and assessments, unused fuels, and other appropriate charges shall be prorated as of 65. the date of settlement. Accrued income and expenses, including taxes for the day of closing, shall accrue to the 66. Seller. 67. INSURANCE. Seller shall bear the risk of loss or damage to property prior to settlement or possession, whichever 68. first occurs. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. In the 69. event of damage to the property prior to settlement in an amount of not more than 5 percent of the selling price 70. Seller will be obligated to repair the property and restore it to the same condition that it was on the date of this 71. offer. If the damage should exceed this amount, Seller shall promptly notify Buyer in writing of the damage and 72. this contract may be tenninated at the option of the Buyer and earnest money returned 73. Should the Buyer elect to complete the transaction despite such damage, Buyer will be entitled to the insurance proceeds relating 74. to the damage, plus a credit towards the purchase price equal to the amount of the Seller's deductible on such policy. However, if 75. the sale is financed by a land contract or a mortgage to Seller, the insurance proceeds shall be held in trust for the sole purpose of 76. restoring the property, 77. INCLUDED PROPERTY (if any), All property that integrally belongs to, are specifically adapted to, or is part 78, of the real estate (except rental items), whether attached or detached, such as but not limited to, wall to wall 79, carpeting and vinyl, light fixtures and bulbs, ceiling fan(s), bathroom mirrors, shades, rods, blinds, awnings, 80. shutters, storm windows, storm doors, screens, plumbing fixtures, automatic heating equipment, air conditioning' 81. equipment (except window), door chimes; alarm devices, built-in items and electrical service cable/fencing, garage 82, door opener and control(s), other attached fixtures, radio and/or attached TV antenna/dish and complete TV mounting brackets, 83, fencing, trees, bushes, shrubs. plants, garden bulbs, water heaters and softeners, sump pumps, attached or fitted floor 84. coverings; installed security systems, central vacuum systems and accessories, in -ground lawn sprinkler systems and 85. component parts, built in appliances. fences. fireplace screen, fire grate and attached equipment, appurtenant 86. structures or equipment, storage buildings, rural water membership shall be considered a part of real estate and 87. included in this sale. OTHER INCLUDED ITEMS: 88. 89. 90. EXCLUDED PROPERTY . 'SD NTAL ITEMS a,ewater so 91. BUYER 05E11 INITIAL 40E22P+ EDT P ,h CD SELLER P or other gas tank):_ 240 PM CDT 'SoL9o.' verified Page 3 of 4 Pages PROPERTY 396 W Locust st, Dubuque, IA 52001 Address City State 92. DUTIES OF PARTIES: 93. Seller and Buyer acknowledge and agree that REALTOROO /Broker(s), its affiliated licensees and employees: 94. must respond to all questions of the parties; however, they are not required to discover hidden defects or give 95. advice on matters outside the scope of their real estate license; make no (and Seller and Buyer are not relying 96. upon) representations or warranties as to the physical or mechanical condition of the property, its size, value, 97. future value, income potential, whether the basement is waterproof, etc.; are not qualified to advise on questions 98. concerning the condition of the property, the legal sufficiency, legal effect or tax consequences of this document 99. or transaction. For such matters, Seller and Buyer are advised to consult the appropriate professional(s). 100.Seller and Buyer acknowledge that the Seller of real property has a legal duty to disclose in good faith material 101.adverse facts and material defects of which Seller has actual knowledge and which a reasonable inspection by 102.Buyer would not reveal. Buyer has the right to obtain inspections, survey and measurements at Buyer's 103.expense. Buyer is advised to request that special provisions be written into this contract prior to signing, to cover 104.any and all conditions which Buyer might consider to be questionable or problematical (whether such be 105.inspection for termites, drainage, water and soil conditions, adequacy of structure or any components, zoning, 106.boundaries, utility connections, or any other matters). Professionals are available within the community to consult regarding 107.these and many other issues relating to your transaction and you are encouraged to consult with such professionals on an 108.as needed basis. By acceptance of the Offer, the Seller warrants and represents: That Seller has disclosed notice or knowledge 109.of any planned public improvement which may result in special assessments or other liens, that no government agency has 110.served any notice requiring repair, alterations or corrections of any existing conditions not previously disclosed. This 111.representation of Seller shall survive the settlement of this transaction. 112 JOINT TENANCY IN PROCEEDS AND IN SECURITY RIGHTS IN REAL ESTATE. If Seller, 113.immediately preceding this offer, holds title to the property in joint tenancy, and such joint tenancy is not later 114.destroyed by operation of law or by acts of Seller, then the proceeds of this sale, and any continuing and/or 115.recaptured rights of Seller in real estate shall be and continue in Seller as joint tenants with rights of survivorship 116.and not as tenants in common; and Buyer in the event of the death of either Seller agree to pay any balance of the 117.proceeds of this sale to the surviving Seller and to accept deed from such surviving Seller. 118.CONDITION OF PROPERTY. Seller agrees to remove all debris and all personal property not included herein from. the 119.property by possession date unless there is a prior written agreement by the parties. The property shall be delivered to 120.Buyer on the date stipulated above swept and vacuumed and ready for occupancy. At a reasonable time before settlement 121.as pre -approved by the Seller or Seller's agent, the Buyer shall have the right to inspect the property to determine that there 122.has been no significant change in the condition of the property, except for ordinary wear and tear and changes approved by 123.the Buyer, and any defects Seller has elected to cure have been repaired in a good workman like manner. 124.SURVEY. Buyer may, prior to settlement, have the property surveyed at Buyer's expense. If Buyers elects to 125.have the property surveyed, Buyer will have the survey completed at least seven (7) business days prior to the 126.scheduled settlement. If the survey, certified by a Registered Land Surveyor, shows any encroachment on 127.property, or if any improvements located on the subject property encroach on lands of others, such encroachments 128.shall be treated as a title defect. 129.REMEDIES OF THE PARTIES - FORFEITURE - FORECLOSURE 130.If Seller fails to fulfill this agreement, Buyer has the right to terminate the contract and earnest money shall be returned to 131.the Buyer. 132.If Buyer fails to fulfill this agreement, Seller has the right to terminate the contract, all payments by Buyer may be forfeited and 133.retained by Seller as provided in the Laws of the state in which the property is located. In addition to the foregoing remedies, 134.Buyer and Seller each shall be entitled to any and all other remedies, or action at law or in equity, including foreclosure and 135.the party at fault shall pay costs and attorney fees, and a receiver may be appointed. 136. ABSTRACT AND TITLE. Seller shall furnish Buyer an abstract of title, or policy of title insurance, in 137.conformity with this agreement and land title law of the State. If abstract does not show good merchantable 138.title to said property, free and clear of all liens and encumbrances, not expressly waived or assumed by the Buyer, 139.Seller shall correct defects in title before settlement is made. Municipal building codes and zoning ordinance or 140.mineral reservations and public easements shall not be construed as title encumbrances. Seller shall pay costs of 141.additional abstracting and/or title work due to act or omission of Seller, including transfers by death of Seller 142.or assigns. Marketable title to be established by the existing land law and title standard of the state in which 143.the property is located. BUYER INITIAL , INITIAL , SELLER INITIAL 10:22 PM EDT dotloop verified 9.31 PM CDT 240 PM CDT dotloop verified dotloop verified INITIAL Page 4 of 4 Pages PROPERTY396 W Locust st, Dubuque, IA 52001 Address City State ZIP 144,COURT APPROVAL. If the property is an asset of any estate, trust, conservatorship, or receivership, this 145.contract shall be subject to Court approval, unless declared unnecessary by Buyer, if necessary, the appropriate 146.fiduciary shall proceed promptly and diligently to bring the matter on for healing for Court approval, In this event 147.a Court Officer's Deed shall be used, 148.DEED. Upon payment of purchase price, Seller shall convey title by warranty deed or other instrument that is 149,required by Buyer's attorney. 150.GENERAL PROVISIONS. In the performance of each part of this agreement, time shall be of the essence. l'his 151.agreement shall be binding on and inure to the benefit of the heirs, executors, administrators, assigns and 152.successors in interest of the respective parties. This agreement shall survive the settlement. Paragraph headings 153.are for the convenience of reference and shall not limit nor affect the meaning of this agreement. Words and 154.phrases herein, including any acknowledgement hereof, shall be construed as in the singular or plural number, and 155.as masculine, feminine or neuter gender, according to the context. 156.NOTICE. Any notice required under this Agreement shall be deemed delivered when it is received or provided 157.either by hand delivery, facsimile, electronic communication or certified mail. Persons designated for receipt or to 158.give any notice shall be Seller(s) and Buyer(s) at the addresses set forth below or their Broker or Agent. 159.Electronic or facsimile transmission sent to the other party or to the appropriate Broker, followed by electronic or 160.faxed acknowledgement of receipt, shall constitute delivery of signed document. 161.ENTIRE AGREEMENT. This document and attachments contain the entire agreement of the parties and supersedes all 162.prior offers with respect to the property. This Offer may be modified only by a written agreement signed and dated by 163.both parties. This Offer for Real Estate shall not be assigned by Buyer without the written consent of Seller. 164.MEDIATION. In the event of a dispute, Buyer and Seller agree to consider mediation as an alternative to 165.initiating legal action. The mediation will be conducted in accordance with the rules and procedures of a mutually 166.agreed mediation service. Even when utilizing mediation, parties may still seek legal remedies. 167.ACCEPTANCE. When accepted, this offer shall become a binding contract for the sale and purchase of the 168.above described property and the professional service fee(s) shall be due to the Agent(s) in accordance with the 169.Exclusive Listing Agreement, Buyer Agency Agreement or other written commission agreement, between either 170.party or their Agent(s). This Offer shall not negate or change any of the conditions or terms of said Agreement(s), 171.which, by this reference shall remain in full force and effect through the settlement. 172Jf this offer is not accepted by Seller on or before 8 Ua.m. or Ilap.m. Date:05/15/2020 the offer shall 173.become null and void and earnest money returned to Buyer without liability on the part of said Agent(s) to either 174.party. 175.This offer was presented to Seller by at Da.m, or p.m. Date: ACCEPTED QREJECTED g-JCOUNTERED 176.The foregoing offer is {check one dotloop verified 05/12/20 10:22 PM EDT GASR-100D-KESG-V034 tra (Buyer's Signature) Wesley M Anderson (Print name here) uyees Signature) Melissa M Anderson (Nara name here) 1512 Commerce St, Apt, 811 Address Dallas, TX 75201 City ttod000 yenned 05/12/20 931 PM CDT HD U-GYVT-9IYD-OVEZ DATE: DATE: eee.edve.geep, dotloop verified 05/13/20 NO PM CDT FQ11-FH3Q-BMXF-9MX0 Alexis M. Steger (Print name here) City of Dubuque Housing and Community Deyelo rnent ATE (Seller's Sitmature) DATE (Print ram. hare) PHONE Address State ZIP City State Zi PHONE E-mail Jill Conrad (Btt.,..er's Agent) FAX EXIT Realty Dubuque/PI Conrad Pamela Helmer office (Seller's Agent) Buyer Attorney Name: Jennifer Conlon ECIAR 1 !I FAX American Realty of Dubuque, Inc. Office tOCopyribht 2018 East Central Iowa Multiple Listing Service for Member Use Only ADDENDUM TO PURCHASE CONTRACT (ATTACHED TO PURCHASE CONTRACT) Seller: City of Dubuque Housing and Community Development Buyer: Wesley M Anderson and Melissa M Anderson Address of Property Being Purchased: 396 W Locust st, Dubuque, IA 52001 Address City Date of Offer for Real Estate: 05/12/2020 the undersigned Buyer and Seller hereby agree to the following:_ ECIAR 6 State ZIP Prior to closing: 1) Seller to install new downspout extension piece off back porch southwest corner that is smashed near neighboring home. 2) Seller to remove all garbage and personal items from garage. The herein agreement, upon its execution by both parties, is herewith made an integral part of the aforementioned Purchase Contract. All other contract terms are to remain the same. Buyer Buyer Agent /gefaaai,/e*Zeiwaov tlop verified 05/12doo/20 9:31 PM CDT dotloop verified 05/12/2010:22 PM EDT GYUE-1 LP8.1 UQZ-YOSH dotloop verified 05/13/20 7:54 AM CDT YHJK-D8W L-Z1 MV-UPHY Seller Seller_ Agent dotloop verified 05/13/20 2:40 PM CDT 2AGQ-6XZ4-W4XF-RQOW dotloop verified 05/13/20 1:46 PM CDT UKVD-YKRR-Z2RY-JH7D ECIAR 6 07/10 Copyright © 2010 East Central Iowa Multiple Listing Services, Inc. For Member use Only erso a ECIAR 24 rot]erty Sale Agree The undersigned S (s) City of Dubuque Housing anti Community Development In consideration of the sum of one dollar (S1), or 0 . and other valuable consideration including the convenience of both parties, do hereby sell, assign, transfer and set over unto the undersigned Buyer(s) Wesley M Anderson and Melissa M Anderson the following described Personal Property, which will be transferred in "as is" condition, with no warranties: No appliances present but expect property to have all items in it as it is shown at closing. Smoke alarms, fixtures, ceiling fans, water heater, carbon monoxide detector. The Personal Property is now located at: 396 IN Locust st, Dubuque, IA 52001 Street City (herein "Personal Property"). State ZIP . (herein "Real Property:) Transfer of the Personal Property is contingent on Seller(s) successfully conveying to Buyer(s) the Real Property described above. Buyer(s) hereby assent to becoming owner of the above described Personal Property upon the conveyance of the Real Property to Buyer(s). Should the transaction not close, this bill of sale shall be terminated and the Buyer(s) shall no longer be obligated to purchase nor shall Seller(s) be obligated to sell the above -described Personal Property. dwk,op rifted 0511220 1022 PM Buyer Wee-eef./frerif.e.e>r„4we. EDSelle T .5:-EXI-C I A5T8Z7S- 6•2aff1 dotioori verified • 05/12/20 931 PM CDT Buye /iffe HTATP9WEEEK,GO-RCDF S ell er d000op verified 05/13/ 20 2v40 Phi CDT NQOP-T•17C-EXET-FSL)(i ECIAR 24 1/1 Copyright 2018 East Central Iowa Multiple Listing Service Inc, For Member Tse Only OYYOatTY INSPECTION ADDENDUM ECIAR 7 Page 1 of 3 Pages RE: PURCIIASE CONTRACT, dated 05/12/2020 by and between the undersigned Buyer and Seller concerning the real estate commonly known as: 396 W Locust st, Dubuque, IA 52001 Street City State ZIP THIS SECTION MUST BE READ, UNDERSTOOD AND INITIALED These Inspections only cover conditions of the property not previously disclosed. They are not to be construed as inspections to bring an older home into compliance with current local building codes. They are only intended to discover any major structural, mechanical, safety and health related issues and defects. Notwithstanding the foregoing, Buyer and Seller agree that if the inspection report describes a condition of the property as one which can be remedied by routine maintenance or normal servicing, such condition shall not constitute grounds for termination of the Purchase Contract. Additionally, with respect to the items noted in said inspection reports to have reached or exceeded normal useful life, so long as such items are in working order, such condition(s) shall not be a basis for finding that said items are in a defective condition, and Seller shall not be required to repair or replace such items, and said conditions(s) shall not constitute grounds for termination of the Purchase Contract. If Buyer does not complete any of the inspections within the time frames agreed to, they are deemed to accept the property in "As Is" condition relative to that inspection. A copy of this inspection addendum may be provided to any inspector prior to the start of any inspection. NOTE: Inspections required by FHA, VA or lender do not eliminate the need for other inspections. We the undersigned have read and understand the information in the section above and agree by providing our initials. BUYER INITIAL 05/12/20 10:22 PM CDT dotloop verlfled INITIAL 05/12/20/1SELLER INITIAL 931 PM CDT dotloop verified 2:40 PM CDT dotloop verified INITIAL CHECK ONE 1. HOME INSPECTION a. [0] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a home inspection, at the Buyer's expense by a qualified independent inspector, Or other specific inspection_ Inspection will be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before 2. Within 12 days after_accepted offer b. [0] Buyer has been afforded the opportunity to have a Home Inspection. However, Buyer hereby waives his/her right to to have a home inspection and relies upon his/her own determination as to the condition of said property. 2. RADON — (See IDPH pamphlet Iowa Radon Home -Buyers and Sellers Fact Sheet or visit www.epa.gov/radon) a. [0] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a Radon Inspection at Buyer's expense, to be performed by a licensed Radon Inspector. Inspection will be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before 2. Within days after_ b. [0] Buyer has been afforded the opportunity to have a Radon Inspection. However, Buyer hereby waives his/her right to to have a radon inspection and relies upon his/her own determination as to the condition of said property. INSPECTION ADDENDUM PAGE 2 PROPERTY ADDRESS 396 W Locust st. Dubuque. IA 52 01 Street City ECIAR 7 Page 2 of 3 Pages State ZIP 3. 'WOOD DESTROYING PEST INSPECTION — "LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. [0] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a Wood Destroying Pest Inspection at Buyer's expense, to be performed by a qualified Pest Inspector. Inspection will be completed. report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) I. On or before .2. No later than 7 days prior to closing b. [E] Buyer is seeking a VA Loan which requires that Seller conduct a wood destroying Pest inspection at Seller's expense to be performed by a qualified Pest Inspector. Inspection will be completed, report received and delivered to Buyer who will, if needed, prepare a Response to Inspections Report. (CHOOSE ONE) I. On or before 2. No later than days prior to closing. c. [0] Buyer has been afforded the opportunity to have a Wood Destroying Pest Inspection. However, Buyer hereby waives his/her right to have a wood destroying pest inspection and relies upon his/her own determination as to the condition of said property, 4. WATER TEST (If Applicable) "LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. [0] With written acceptance of said Purchase Contract, Buyer shall have the right to conduct a water test performed by a qualified third party at Buyer's expense. Water test to be completed, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before 2. No later than days prior to closing. b. [Z] Buyer has been afforded the right to have a Water Test performed by a qualified third party. However, Buyer hereby waives his/her right to have a water test and relies upon his/her own determination as to the condition of said property. 5. SEPTIC INSPECTION (If Applicable) Iowa Code 455B.172 mandates the inspection of septic systems, unless exempt, prior to the transfer of property. The code applies to transfer of property which includes at least one but not more than four dwelling units. This property has a septic system and is not connected to a sanitary sewer system. a. [0] With written acceptance of said Purchase Contract, Buyer shall require the Seller to provide the results of a Septic System Inspection performed by a DNR Certified Inspector. (CHOOSE ONE) 1. By 2. No later than days prior to closing. b. [0] Septic System Inspection will be completed by a certified DNR septic system inspector at Buyer's Expense, report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. By . 2. No later than days prior to closing. c. [0] Buyer has been presented with satisfactory results of a Septic System Inspection conducted by a Certified Septic System Inspector within the appropriate two-year state mandated time frame. d. [0] Illinois -Buyer has been afforded the right to have the septic system inspected by a qualified third party. However, Buyer hereby waives his/her right to have a septic system inspection and relies upon his/her own determination as to the condition of said property. e. [0] N/A - property not served by septic system 6. LEAD -BASED PAINT (See EPA pamphlet Protect your Family from Lead in Your Home) a. [0] This contract is contingent upon a risk assessment or inspection of the property for the presence of lead -based paint and/or paint hazards at the Buyer's expense with such inspection to be completed before 9:00 P.M. on the 10th calendar day after acceptance of the Purchase Contract. This contingency will terminate at the above predetermined deadline unless the Buyer, or Buyer agent, delivers to the Seller (or Seller agent) a written contract addendum listing the specific existing deficiencies and corrections needed, together with a copy of the inspection and/or risk assessment report. The Seller may, at the Seller's option, within days after delivery of the addendum, elect in writing whether to correct the condition(s) prior to settlement. If the Seller will correct the condition, the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement. If the Seller does not elect to make the repairs, or if the Seller makes a counter-offer, the Buyer shall have days after receipt to respond to the counter-offer or remove this contingency and take the property in "As -Is" condition or this contract shall become terminated. Intact lead -based paint that is in good condition is not necessarily a hazard. BUYER INITIAI. 05112120 INITIAL! 05,11'-:520 la:22 PM EDT 9:31 PM CDT d2itid00vedfied dotkiop verified SELLER INITIAL j acss ITI, 2 a0 PM 2D- dd10 0 vcfif Pa INSPECTION ADDENDUM PAGE 3 ECIAR 7 Page 3 of 3 Pages PROPERTY ADDRESS 396 W Locust st, Dubuque, IA 52001 Street City State ZIP LEAD BASED PAINT (CON'T) b. [0] Buyer has been afforded the opportunity to have a Lead -based Paint Inspection. However, Buyer hereby waives his/her right to have a lead -based paint inspection and relies upon his/her own determination as to the condition of said property. 7. RIGHT TO CURE/REPAIR Seller has the right to cure/repair any defective condition discovered by inspections report except*: a. [El] No exceptions apply, OR b. [QJ] (fill in)_Major structural or toxic mold *If Buyer has excepted an area or system from the right to cure/repair a defective condition by checking box "b" above and if an inspection describes a defective condition in the excluded area or system, this purchase contract shall be terminated, unless otherwise mutually agreed by the parties in writing. In the event that option "a" above has been selected such that no exceptions apply, the existence of a defective condition shall not constitute grounds for termination of the Purchase Contract if the Seller agrees to cure and/or repair said condition. THIS SECTION MUST BE READ, UNDERSTOOD AND INITIALED 8. RENOVATION, REPAIR, OR REPLACEMENT In the event any of the above inspections reveal a defective condition not previously disclosed, buyer will deliver to seller Response to Inspections Report, together with a copy of the complete inspection report(s), outlining what procedure, the Buyer will require the Seller to complete in order to remedy defective condition(s). If Buyer fails to respond within the required time, they agree to accept the property in "AS IS" condition and forfeit any right to terminate the Purchase Contract based on the terms outlined in the Inspection Addendum. Seller agrees to respond to Buyer on said Response to Inspection Report within 3 calendar days after receiving the Inspection Report and_Response to Inspection Form ECIAR-8 from Buyer. In the event Seller fails to respond as required then they agree to complete the above -mentioned procedures required by the Buyer and forfeit any right to terminate the Purchase Contract based on any terms outlined in the Inspection Addendum. BUYER INITIAL INITIAL SELLER INITIAL 10:22 PM EDT 9:31 PM CDT 2:40 PM CDT dotloop verified dotloop verified dotloop verified Buyer and Seller hereby release Brokers and Salespersons from any liability relating to any defect or deficiency or inspection or disclosure affecting the property, said waiver shall survive the closing. INITIAL The above shall be attached to and made part of said Purchase Contract Buyer Buyer Agent ,qe v q v dotloop verified 05/12/20 10:22 PM EDT WEPS-DK7C-LQUG-ZDH8 dotloop verified 05/12/20931 PM CDT FJZK-J057-KH7W-KBAD dotloop verified 05/13/20 7:54 AM CDT 6DAN-X90C-WWDK-ZMQ8 ,Date Selle R�P�G4-/14 " U PJl/ dotloop verified 05/13/20 2:40 PM CDT XLRA-SYDK ZMOD-GCMQ Date Seller )ate Agent PadieeG( ygew.i�%i/ Date_ dotloop verified 05/13/20 1:46 PM CDT BPPI-F4HB-YETI-TE90 ECIAR 7 1/20 © Copyright 2020 East Central Iowa Multiple Listing Service For Member Use Only dotloop signature verification: dtlp.us/TWKO-OLc4-CMZj a LS • RESPONSE TO INSPECTIONS REPORT ECIAR 8 NO. 2 (May be more than one response) [0] Home [❑] Radon [❑] Pest [❑] Water [0] Septic [0] Lead Based Paint [❑] Other (Check Above.) BUYER RESPONSE Date: 05/31/2020 Buyer has received inspection report(s), a copy of which is attached hereto, covering the above checked item(s) from Inspectors Gene Traeger- Midwest Home Inspections, Bob Wright Construction On the property located at 396 W Locust st, Dubuque, IA 52001 Address City State ZIP Said inspection report indicates a defective condition not previously disclosed. In order for the Buyer(s) to proceed with the Purchase Agreement dated 05/12/2020 , they require Seller(s) to: ;Prior to closing: 1)Remedy the depression by the radon fan, but not an entire grade for the yard. 2)Repair/replace the downspout extension and provide kickers on the front porch eave to divert water away from the brick. 3) Investigate the ridge vent and repair if needed. 4) Create a threshold for the garage door for better seal. 5) Repair or replace original attic siding to make it weather tight per contractor's recommendation attached, located north and south ends under roof. ❑ (check here if response is continued on attached Addendum) BuyerWe 0-/1j /44r-aw dotloop verified 05/31/20 7:12 PM CDT UGHX-YZCN-AMDG-XWYE Agent f eeavrna�e dotloop verified 05/31/20 7:16 PM CDT LJHJ-VNGW-FWST-U4SM Buyei dotloop verified 05/31/20 7:11 PM CDT BLXB-STI2-1 QSY-NUVH SELLER RESPONSE Date: 06/02/2020 (CHECK "a", "b", OR "c" BELOW) Seller, in response to above request, agree to the following: [I] a) To complete repairs/treatments as required by Buyer [0] b) Not to complete repairs/treatment as required by Buyer [6 I] c) OtherSeller will complete No. 1,2,3,4 as stated above on Addendum Not. 5. The City of Dubuque, seller will repair the holes, and not change out siding. ❑ (check here if response is continued on attached Addendum) In the event the seller selects "b" or "c" above then the buyer will have 3 calendar days (no less than 1 calendar day) after the date of receipt of seller response to either 1) accept seller response, or 2) reject the Seller response, or 3) submit another response form requesting different procedures for the seller to complete in order to remedy defective condition(s). Selle dotloop verified 06/02/20 3:34 PM CDT KEN3-GTBA-LYWO-79MR Agen 9eeewwesiee, dotloop verified 06/02/203:15 PM CDT 3CGB J9MH-G2QO-TW PI Seller >ate BUYER RESPONSE TO SELLER (To b or c above) Date: 6/3/2020 (CHECK ONE) Buyer hereby x Accept, [❑] Reject Seller's response and request termination of Purchase Contract and return of earnest money. Or, [❑] Declines the Seller response dated and submits the attached response No. for Seller's further consideration. Seller will have days after receipt to respond. ����� dotloop verified :4 Buye SQUK-FFXI-W9AH-IXGQ320 Y Bu e Agen fie: (Cid�lJraCG dotloop verified 06/03/204:19 PM CDT CRBG-TLX5-RRBF-KYDF dotloop verified 06/03/20 4:06 PM CDT AF9E-IJVG-SRUV-RBKF ECIAR 8 10/17 © Copyright 2010 East Central Iowa Multiple Listing Service For Member Use Only