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Disposal of Real Property at 2033 Washington Street_Andress_Hearing Copyrighted J uly 20, 2020 City of Dubuque Public Hearings # 1. City Council Meeting ITEM TITLE: Disposal of real property at 2033 Washington Street SUM MARY: Proof of publication on notice of public hearing to consider disposing of City-owned real property located at 2033 Washington Street to Emily J. and William C.Andress, and the City Manager recommending approval. RESOLUTION Disposing of City interest in real property by Deed to Emily J. and William C. Andress SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type 2033 Washington Street Sale-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Special Warranty Deed Supporting Documentation Purchase Agreement Supporting Documentation Addendums Supporting Documentation Proof of Publication of Notice of Hearing Supporting Documentation Dubuque THE CITY OF � ui-Aseria cih DuB E , . � . , � II � Maste iece on tj2e Mississi i zoo�•zoiz•zois YP pp zoi�*zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Sale of City-Owned Property at 2033 Washington Street DATE: July 15, 2020 Housing and Community Development Director Alexis Steger approval of a Purchase Agreement and Special Warranty Deed for the sale of City-owned real property located at 2033 Washington Street to Emily J. and William C. Andress for a purchase price of $139,000. As part of continued efforts to rehab blighted properties, Dubuque's True North Corporation purchased the property in November 2018. On June 15, 2020, City Council accepted the deed from Dubuque's True North Corporation. The Housing and Community Development Department continued the True North Residential Rehabilitation Program similar to the Purchase/Rehab/Resale Program that the Department has been running for years. Total costs for rehabilitation of 2033 Washington Street, including meeting all historic guidelines, was approximately$269,000, plus the acquisition cost of $1,500, bringing the City's investment total to approximately$270,500. 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 1 St mortgage with tax increment financing funds. This loan will be due on sale of the property or when it is no longer their principal place of residence. Revenue from the sale of this property will go back to the original funding source which is Tax Increment Financing. Financing to Emily J. and William C. Andress 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 2 Dubuque THE CITY OF � All-Ameeisa Ciiy Du B E �.� �,� � I �,I� II Maste iece on the Mississi 1 zao��zoiz�zois � pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager FROM: Alexis M. Steger, Housing and Community Development Director SUBJECT: Sale of City-owned property at 2033 Washington Street DATE: July 8, 2020 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 2033 Washington Street to Emily J. and William C. Andress. Backqround On June 15, 2020, City Council accepted the deeds of the two remaining properties owned by Dubuque's True North Corporation. Those properties are 2033 Washington Street and 2320 Jackson Street. The Housing and Community Development Department will continue the True North Residential Rehabilitation Program similar to the Purchase/Rehab/Resale Program that the Department has been running for years. As part of continued efforts to rehab blighted properties, Dubuque's True North Corporation purchased the property located at 2033 Washington Street in November 2018, from the estate of the deceased owner. This property had two houses on the parcel, one of which was condemned after a 2017 fire. It was removed by the estate of the deceased owner prior to purchase by Dubuque's True North. Squatters were living illegally in the remaining brick house and were removed by the police and estate prior to acquisition. The sale price was low, but there were numerous liens and fines that Dubuque's True North paid at closing on behalf of the estate, which had no assets. This block has several other rehabilitated houses, but this lot is the largest. This property will have 3 bedrooms, 2 bath and an open floor plan on the main level. Total costs for rehabilitation, including meeting all historic guidelines, was approximately $269,000, plus the acquisition cost of $1,500 bringing the City's investmenttotal to approximately$270,500. 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, as cited in the Voluntary Compliance Agreement (VCA) findings. An offer has been made by Emily J. and William C. Andress to purchase the property at 2033 Washington Street for$139,000.00. 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 with tax increment financing funds. This loan will be due on sale of the property or when it is no longer their principal place of residence. Revenue from the sale of this property will go back to the original funding source which is Tax Increment Financing (TIF) 3602766-54104. Financing to Emily J and William C. Andress 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 2033 Washington Street. Prepared by: Kris Neyen, Rehabilitation Programs Supervisor 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. 226-20 DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO EMILY J. AND WILLIAM C. ANDRESS Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property (the Property): Lot 22 of Steiner's Addition, 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 2033 Washington Street; and Whereas, City and Emily J. and William C. Andress have tentatively entered into a Purchase Agreement pursuant to which City will convey the Property to Emily J. and William C. Andress; and Whereas, the City Council, by Resolution No. 196-20, dated July 6, 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 July 20, 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 Emily J. and William C. Andress 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 Emily J. and William C. Andress for the sale of the Property, a copy attached hereto, is hereby approved. 1 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 Emily J. and William C. Andress. 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 20th day of July 2020. Attest: S. Firnstahl, City Clerk (,fitLj, 9 Roy D. Buol, Mayor 2 dotloop signature verification: �Xm-ahTo-NOAp ��m "'� . Q ECIAR 9 Page 1 of 3 Pages AGENCY/POLICY DISCLOSURE AND DUAL AGENCY POTENTIAL/CONSENT AGREEMENT REQUIRED TO BE PROVIDED TO EACH PARTY IN A TRANSACTION (Should be presented at earliest possible convenience-must be signed by Seller or Buyer prior to making or reviewing an Offer) When you enter into a discussion with a Brokerage(and their affiliated real estate licensees)regarding a real estate transaction,you should understand how the Brokerage is representing each party in the transaction.More impartantly,you should understand how that agency relationship impacts your relationship with the licensee.The term"Broker" or`Brokerage"shall hereinafter refer to:(Brokerage/firm) E�t Realty Dubuque ,and Brokerage's affiliated licensees(brokers and salespersons). The term"Seller" shall hereinafter refer to seller,landlord or optionor.The term"Buyer"shall hereinafter refer to buyer,tenant or optionee. A"Client"is a party to a transaction who has an agency agreement with a broker for brokerage services.A"Customer"means a consumer who is not being represented by a licensee but for whom the licensee may perform ministerial acts. A.TYPES OF AGENCY REPRESENTATION AND THE POLICY BROKERAGE MAY ELECT UNDER EACH. Prior to Buyer ar Seller giving confidential information they should understand a variety of representation options exist in real estate transactions. Below are a list of representation options available and the policy Brokerage may elect in regard to each.Brokerage will provide a separate Agreement establishing which agency relationship is offered to Buyer or Seller. Brokerage has "checked" the appropriate box(es)for the policy that applies to Brokerage: �1.SELLER AGENCY.Single Seller Agency exists when Brokerage and Seller enter into a real estate"Exclusive Listing Agreement'and the property is sold to a"Customer"of a different real estate company.Brokerage and Broker's affiliated licensees'policy is to represent the Seller as a"Client"in this case.In Single Seller Agency,Broker does not also represent the Buyer in the transaction. �2.BUYER AGENCY.Single Buyer Agency exists when Brokerage and Buyer enter into a'Buyer Agency Agreement"and Brokerage or an affiliated licensee assist Buyer in writing an offer to purchase property and the property is listed with a different real estate company or offered by owner.Brokerage and Broker's affiliated licensees'policy is to represent Buyer as a"Client"in this case.In this type of agency representation Broker may receive compensation far the transaction from the listing real estate company pursuant to a cooperation agreement between the two companies. In Single Buyer Agency,Broker does not also represent the Seller in the transaction. �3.APPOINTED/DESIGNATED AGENCY. a.Appointed/Designated Seller Agency exists when Brokerage appoints/designates an affiliated licensee,the listing agent,to act on Seller's(Client's)behalf to the exclusion of all other affiliated licensees of Brokerage. b.Appointed/Designated Buyer Agency exists when Brokerage appoints/designates an affiliated licensee,the selling agent,to act on Buyer's(Client's)behalf to the exclusion of all other affiliated licensees of Brokerage. c.In the event an Appointed/Designated Licensee personally represents both Seller and Buyer in the same transaction,that Appointed/Designated Agency is considered to be a Consensual Dual Agency(see 4.below). �4.CONSENSUAL DUAL AGENCY. a.When Brokerage(or an Appointed Seller or Buyer Agent,as defined in 3a.and 3b.above)both lists and sells the property,it is the policy of Brokerage and Brokerage's affiliated salespersons to represent both Seller and Buyer as a Consensual Dual Agency.Under this circumstance,before signing an offer to buy or accepting an offer to buy,please see the"Dual Agency Consent Agreement°far detailed information as to the duties of Brokerage to Seller and Buyer,as well as procedures to be followed. b.When Brokerage and Buyer enter into a"Buyer Agency Agreement",whether exclusive or non-exclusive,and Brokerage or an affiliated salesperson assist Buyer in writing an offer to purchase property and the property is also listed with Brokerage,it is the policy of Brokerage to represent both the Seller and Buyer as a Consensual Dual Agency.Under this circumstance,befare signing an offer to buy or accepting an offer to buy,please see the"Dual Agency Consent Agreement"for detailed information as to the duties of Brokerage to Seller and Buyer,as well as procedures to be followed. c.Representing more than one parry to a transaction can create a conflict of interest since both"Clients"may rely on the Licensee's advice.Buyer and Seller are not required to consent to dual agency. �5. If not already in a written Agency Relationship with a brokerage,a person(s),partnership,or company(buying or selling)may represent themselves in a transaction.If a Buyer or Seller elects to represent themselves in a transaction,it is the policy of Brokerage to treat that Buyer or Seller as a"Customer"and not as a"Client"."Clients"are responsible for commission which may be owed as to the terms and conditions of previously agreed contracts.Under this circumstance,before signing an offer to buy or accepting an offer to buy,please see the"Self Representation Agreement°for detailed information as to the duties of Brokerage to Seller and Buyer,as well as procedures to be followed. B.DUTIES OF A REAL ESTATE LICENSEE TO ALL PARTIES TO THE TRANSACTION. In providing brokerage services to all parties to a transaction,"Client"and"Customer"alike,a licensee(the Brokerage and its broker associates And salespersons),regardless of the type of agency representation agreed to,shall do all of the following: 1.Provide brokerage services to all parties to the transaction honestly and in good faith. 2.Diligently exercise reasonable skill and care in providing brokerage services to all parties. 3.Disclose to each party all material adverse facts(i.e.significant defects or negarive circumstances)that the licensee knows except: a.Material adverse facts lrnown by the party. b.Material adverse facts the party could discover through a reasonably diligent inspection and which would be discovered by a reasonably prudent person under like ar similar circumstances. c.Material adverse facts the disclosure of which is prohibited by law. d.Material adverse facts that are known to a person who conducts an inspection on behalf of the party. 4.Account for property coming into the possession of a licensee that belongs to any party within a reasonable time of receiving the property. dotloop signature verification: �Xm-ahTo-NOAp AGENCY/POLICY DISCLOSURE AND DUAL AGENCY CONSENT AGREEMENT(Continued) Page 2 of 3 Pages C.DUTIES OF A REAL ESTATE LICENSEE TO A CLIENT. A licensee providing brokerage services to a client,regardless of the type of agency representation agreed to,shall do all of the following: 1 .Place the client's interests ahead of the interests of any other party,unless loyalty to a client violates the licensee's duties under provisions of the Iowa Code(such as with Appointed Agency ar Consensual Dual Agency)ar any other applicable law. 2.Disclose to the client all information known by the licensee that is material to the transaction and that is not known by the dient or could not be discovered by the client through a reasonably diligent inspection. 3.Fulfill any obligation that is within the scope of this Agency Disclosure,except those obligarions that are inconsistent with other duties that the licensee has under the Real Estate Brokers and Salespersons provisions of the Iowa Code or any other law. 4.Keep their client(s)confidential information confidential unless they have written permission to reveal. 5.Disclose to a client any financial interests the licensee or the brokerage has in any company or business entity to which the licensee or brokerage refers a client for any service or product related to the transaction.The client is not obligated to use any such recommended company,and may select a different company.NOTE:Broker/Licensee(circle applicable)has a financial interest in or an affiliate relationship with the following companies or business entities:None D.DESCRIPTION OF BROKER'S SERVICES. Broker may do the following for Sellers and Buyers:(1)Assist Buyer with financing qualification guidelines;(2)Provide helpful information about the property and area;(3)Respond accurately to questions about the property;(4)Disclose all material facts about the property that are known to Broker,(5)Disclose financial qualifications of the Buyer to the Seller;(6)Explain real estate terms and procedures,(7)Explain to Seller and Buyer the benefits of having the property inspected;(8)Explain closing costs and procedures,(9)Help the Seller and Buyer compare financing alternatives,(10)Provide information about comparable properties so Seller and Buyer may make an informed decision on what price to accept and/ar offer;(11)Assist with all standard forms,including those that include the necessary protection and disclosures far the Seller and Buyer;and,(12)Work diligently to facilitate the sale and closing.(13)Keep their client(s)confidential information confidential unless they have written permission to reveaL The preceding list of services is not intended to be all inclusive,nor will all services listed be necessary in every case.Licensees are not required to answer questions outside of the scope of their real estate license.NOTE:Broker neither offers sub agency to,nor accepts sub agency from,other brokerage companies. E.GUIDELINES FOR SELLER AND BUYER. If you are the"Customer"in the transaction,you are advised not to disclose your negotiating position about such things as whether you as Seller would take less than the asking price,ar you as Buyer are willing to pay more than the price you offer.Except for information required to be disclosed,if you as either a"Client"ar a"Customer",have reason to believe any confidential information,such as your financial status, motivation to sell or buy as well as other personal information will adversely affect your negotiating position,this should not be disclosed to anyone.Each party to the transaction has the responsibility to protect their own interests. ACKNOWLEDGEMENT The undersigned have read this disclosure and understand the type of representation which may be provided by Broker.The undersigned acknowledge receipt of a copy of this agency disclosure.This is not a contract;rather it is intended to be only a disclosure notice.Signing of the disclosure does not obligate you in any way. If you do not understand this document,seek the advice of the legal counsel of your choice,befare signing.This document is not a Buyer Broker ar Listing Agreement. T�� / �� dotloapverified Bu e = "p'zeO° viTcz�zsv QKKx ou°vQ ate06/12/2020 Selle ate Y dotloop verified ��uyyv�Qj�1Le�, 06/12/20 8:49 PM CDT Buye FQE6XH��,��s��E� ate06/12/2020 Selle ate dotloop verified Agent for Broke "��"�K� �6/12208:44 PM CDT Date 06/12/2020 TSXW-08HI-FE58-58CX REQUEST TO COMPLETE FORM DOCUMENTS Buyer/Seller request that Broker select prepare and complete form documents as authorized by Iowa Law or Rule. doUoop verified H�y 06/1220 8:47 PM CDT Buye � O �� GDEU-QQRG3103-TUGK ate 06/12/2020 Selle ate dotloop verified BU C �� U�OH�B6KQ-W3 R��ULK 3tQ SCIIC 3tC Y 06/12/2020 dotloop signature verification: �Xm-ahTo-NOAp Page 3 of 3 Pages AGENCY/POLICY DISCLOSURE AND DUAL AGENCY POTENTIAL/CONSENT AGREEMENT(Continued) DUAL AGENCY POTENTIAL/CONSENT AGREEMENT (For in-house showings/sales when Seller&Buyer are"clients") F.DUAL AGENCY POTENTIAL should be completed by Seller/Buyer to acknowledge the Potential for Dual Agency.This consent should be done before engaging in any activities of a dual agent. (i.e.Before showing any client's property or acquiring confidential information.) 1. DUAL AGENCY POTENTIAL. Seller,or Buyer acknowledge that in order far(Broker/Agent) Exit Realry Dubuque Gwen Kosel Listing(s)to be exposed to all Buyer clients of Brokerage,the potential for dual agency exists. Seller or Buyer understand that,in the process of searching for all property meeting the needs of Buyer,Buyer may want detailed information about,and to possibly see property of Seller clients of Brokerage,and therefore a potential for dual agency exists. Seller or Buyer acknowledges that when Brokerage presents detailed information or shows a Seller client's property to a Buyer client,that Brokerage is immediately a dual agent, undertaking a Consensual Dual Agency representation. Buyer (8agrees) (8does not agree) to the Potential for Dual Agency representation. Seller (❑agrees) (�does not agree) to the Potential for Dual Agency representation dotloop verified Q 06/1220 8:47 PM CDT BU�Q �� "`� GXGY-%740TQT-ZASA ate� Selle te� dotloop verified ��Qj�, 06/12/20 5:49 PM CDT Buye U2GQ-OWD2-Z3MU-VNVF ate• Selle tQ� If Brokerage becomes a Dual Agent for Property,Seller/Buyer shall need to read,confirm and agree to Dual Agency Consent for the Representation by completing PART G prior to any Offer for Real Estate. Brokerage and both the Buyer AND Seller acknowledge and Consent to Dual Agency prior to offer. G.DUAL AGENCY CONSENT Property 2033 Washington st,Dubuque,IA 52001 Address City State: ZIP L The Seller and Buyer acknowledge that Broker is undertaking a Consensual Dual Agency representation in the sale of The above specific property. Seller and Buyer have previously been informed of the potential of a dual agency. 2. Termination of Negotiations or sale.In the event Seller and Buyer do not enter into an agreement for the purchase and sale of Seller's property to Buyer,or they do enter into an agreement and the sale does not close,the dual agency role of Broker under this Agreement shall be deemed by all parties to have been terminated. Broker will then become the agent of each, Seller and Buyer,on the terms and conditions previously agreed upon. I(we)have read and understand this agreement and acknowledge receipt of a copy. Buyer and Seller are each encouraged to consult with their own legal counsel. dotloop verified 06/1220 8:47 PM GDT $pye �� vFPx-�MFv-Qvzu-vzNP ate' SCI�C q/J doiloap verified ��v�1� CDTU208:49PM C� 11 Buye 8FJI-39V6-ID1P-HIDA ate: Jelle dotloop verified dotloop verified i/ 06/1320427 PM �1e�u� 06/14202:04 PM CDT Buyer Agen w�"�� SFDJS-9WW-OBPL-0311 Seller Agent JCHW-PHWG-SWFCdNSV ECIAR 9 2/10 �O Copyright 2010 East Central Iowa Multiple Listing Service - For Member use Only dotloop signature verification: �Xm-ahTo-NOAp I�"{is . Q ECIAR 1 PURCHASE CONTRACT Page 1 of 4 Pages THIS IS A LEGAL BINDING DOCUMENT.IF NOT UNDERSTOOD SEEK LEGAL ADT�ICE DATE OF OFFER 06/12/2020 AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION L This document is prepared by:Gwen Kosel Exit Realty Dubuque AS AGENT FOR firm name/agent name 2. (Check one) �Seller Exclusively �Buyer Exclusively �Both Buyer and Seller(Dual Agency), 3. or 4. Buyer and Seller confirm that written disclosures of agency representation were provided to them,they understand 5. who is representing them, and the disclosures were provided prior to signing this Offer for Real Estate. 6. DOCUMENTS ATTACHED TO THIS PURCHASE CONTRACT 7. � Dual Agency Consent Agreement 8. �Lead Base Paint Disclosure �Seller Disclosure of Property Condition 9. �Inspection Addendum �Sale Contingency 10. �Addendum to Purchase �Rental Addendum 11. �IL Radon Disclosure �Other pocuments/Attachments/Legal Description: 12. 13.OFFER TO:City of Dubuque (herein designated as SELLER) Seller Names 14. The undersignedEmily J Andress and William C Andress (herein designated as BUYER) Buyer names 15. Hereby propose to purchase your property known as:2033 Washington st Dubuque Address City 16. IA,52001 Parcel#(s)_1024214017 State ZIP 17.and agrees to pay you the sum of:One hundred and thirty eight thousand 18. $138,000 as follows: $2,000 earnest money to be held in trust by(select one) � Listing Broker, 19. or, ❑ other_ .Earnest money shall be 20. increased to$ within 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 obligarions herein are not satisfied,the 23. earnest money shall be distributed in accordance with the paragraph enritled"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. $- TOWARD BUYERS CLOSING COSTS AND PREPAID ITEMS. 26. OTHER TERMS/CONTINGENCIES 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. ❑Seller ❑ 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 �ConventionalInsured 34. � FHA �VA 35. � Land Contract(terms as follows) 36. �OTHERCity of Dubuque True North Homebuyer Program 37. If Buyer provides written proof Buyer is unable to obtain financing,this contract is terminated and earnest 38. money returned. 39.DOWNPAYMENT _(%)percent(or)$4500 INTEREST RATE not to exceed:3.75 %per annum 40.TERM OF MORTGAGE/LOAN 30 years. DATE FOR FINANCING CONTINGENCY RELEASE:07/20/2020 ,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� delivered by � Other PA Dupaco BUYER INITIAL� INITIAL o„ SELLER INITIAL� INITIAL� 429 PM CDT 432 PM CDT dotloopverified dotloopverified dotloop signature verification: �Xm-ahTo-NOAp Page 2 of 4 Pages PROPERTY2033 Washington st,Dubuque,IA 52001 Address City State ZIP 45.Broker may continue to offer and show the property for sale and Seller may accept backup offers until settlement. 46. SETTLEMENT. Settlement shall occur and legal possession shall be given on or before Date:07/31/2020 Or, 47.Within days after the 48. OCCUPANCY.Occupancy shall be given to Buyer(choose one) � at settlement,or� Date:07/31/2020 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 rime 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' associarion 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 terminated 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 martgage to Seller,the insurance proceeds shall be beld 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 AND RENTAL ITEMS(i.e.water softener,LP or other gas tank):_ 91. BUYER INITIAL oensizo INITIAL o6n3izo SELLER INITIAL� INITIAL� 429 PM CDT 432 PM CDT dotloopverified dotloopverified dotloop signature verification: �Xm-ahTo-NOAp Page 3 of 4 Pages PROPERTY 2033 Washington 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 quesrions 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 lOS.inspecrion 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 lll.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 properry 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.sha11 be treated as a ritle 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,ar 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 properry,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 o i� SELLER INITIAL� INITIAL� 429 PM CDT 432 PM CDT dotloopverified dotloapverified dotloop signature verification: �Xm-ahTo-NOAp Page 4 of 4 Pages PROPERTY2033 Washington 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 hearing 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 attomey. 150.GENERAL PROVISIONS. In the performance of each part of this agreement, time shall be of the essence. This 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 communicarion 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 urilizing 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 properry 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. 172_If this offer is not accepted by Seller on or before 10 �a.m.or�p.m.Date:06/15/2020 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 �a.m.ar�p.m. Date: 176.The fore oin offer is check one : �ACCEPTED �RE ECTED �COUNTERED F��C(rc.�zeam 06/13/PO 429ePM CDT 6610-VONP-US8B-FTOY�6I1ZIZ�Z� (Buycr's Signaturc) DATE: (Sc11cr's Signaturc) DATE Emily J Andress City of Dubuque Print namc hcrc Print namc hcrc 'j//"iPPea+�vCQxa.�zeao� 06/13/PO 432 PM CDT ODGW-MHPP-66GHNP 06/12/2020 (Buyer's Signalure) DATE: (Seller's Signalure) DATE William C Andress (Print namc hcrc) (Print namc hcrc) 563 West 11th St Address PHONE Address PHONE Dubuque Iowa 52001 City State ZIP Ciry State ZIP emjvance.5@gmail.com,william@andressfamily.com E-mail FAX E-mail FAX Gwen Kosel Exit Realty Dubuque Kent Renier Brissey Realty LLC (Buyer's Agent) Office (Seller's Agent) Oftice Buyer Attorney Name:CWCM ECIAR 1/18 OO Copyright 2018 East Central Iowa Multiple Listing Service for Member Use Only dotloop signature verification: �Xm-ahTo-NOAp �.. �I M�s � � ECIAR 6 ADDENDUM TO PURCHASE CONTRACT (ATTACHED TO PURCHASE CONTRACT) Seller:_City of Dubuque Buyer:Emily J Andress and William C Andress Address of Property Bcing Purchascd: 2033 Washington st,Dubuque,IA 52001 Address City State ZIP Date of Offer for Real Estate:06/12/2020 the undersigned Buyer and Seller hereby agree to the following:_ 1 appliances to be hooked up and working at the time of home inspection. uyer invokes an escalation clause and will pay 1000. over the next competitive bid up to 140,500. uyers both have taken the Home Buyer Program via the city 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. �� dotloop verified BY 06/1320429 PM CDT u P+r � WGPE-K2FZ-NWWW-WZN ��+��e+r � �� dotlaopverified 7 Bu er � �AHW-GBWO-NEJO-2V8D Se11eY ,(1,.,�� dotloop verified -��p�j,�"p�� dotlaop verified AgP+nt ��'""—' DK58-TZNB�MSQX HAPF gent�esu�M�" BH/SC-?RNU AU H-CTMVR ECIAR 6 07/10 Copyright OO 2010 East Central Iowa Multiple Listing Services, Inc.For Member use Only dotloop signature verification: �Xm-ahTo-NOAp � Mlr.4 � = o.�o.u��. ECIAR 24 Personal Property Sale Agreement The undersigned Seller(s) City of Dubuque In consideration of the sum of one dollar($1), or 0.00 , and other valuable consideration including the convenience of both parties, do hereby sell, assign,transfer and set over unto the undersigned Buyer(s)Emily J Andress and william C Andress the following described Personal Property,which will be transferred in"as is" condition,with no warranties: efrigerator, Range/Oven,Dishwasher,Mictrowave,Washer and Dryer (herein"Personal Property"). The Personal Property is now located at: 2033 Washington st,Dubuque,IA 52001 . (herein"Real Property:) Street City State ZIP 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. // dotloop verified Buyer��V ��, 06/13/20 4:29 PM CDT V36V-HX9M-6T30-J80E;06�12�2�2� Sellet' dotloap verified BY ��eQj�yp�, 06/1320 432 PM CDT / / 7 U eT� MNBW-ILAV-TEOS-T06K.06 12 2,020 Se11eI� ECIAR 24 1/18 �O Copyright 2018 East Central Iowa Multiple Listing Service Inc. For Member Use Only dotloop signature verification: �Xm-ahTo-NOAp � �/ c Q n.a,00� /AIi�7 oP i.. PORr�� ECIAR 7 INSPECTION ADDENDUM Page 1 of 3 Pages RE: PURCHASE CONTRACT,dated 06/12/2020 by and between the undersigned Buyer and Seller concerning the real estate commonly known as: 2033 Washington 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 06/1320 INITIAL o6„3,zo SELLER INITIAL�INITIAL� 429 PM CDT 432 PM CDT dotloop verified dotloop verified CHECK ONE 1. HOME INSPECTION a. [�] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a home inspection,at the Buyer's expense by a qualified independent inspector, Or other specific inspecrion_ Inspecrion will be completed,report received and delivered to Seller along with the Response to Inspecrion Report. (CHOOSE ONE) 1. On or before .2.Within 14 days after_acceptance b. [❑] 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 lowa Radon Home-Buyers and Sellers Fact Sheet or visit www.epa.gov/radon) a. [�] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a Radon Inspection at Buyer's expense,to be performed by a licensed Radon Inspector. Inspection will be completed,report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before .2. Within 14 days after_acceptance if system is not already in place b. [❑] 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. dotloop signature verification: �Xm-ahTo-NOAp INSPECTION ADDENDUM PAGE 2 ECIAR 7 Page 2 of 3 Pages PROPERTY ADDRESS_2033 Washington st,Dubuque,IA 52001 Street City State ZIP 3. WOOD DESTROYING PEST INSPECTION—"LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. [�] 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 Inspecrion Report. (CHOOSE ONE) 1. On or before .2.No later than 7 days prior to closing b. [❑] Buyer is seeking a VA Loan which requires that Seller conduct a wood destroying Pest inspection at Seller's expense to be performed by a qualified Pest Inspector. Inspection will be completed,report received and delivered to Buyer who will, if needed,prepare a Response to Inspections Report. (CHOOSE ONE) 1.On or before .2.No later than days prior to closing. c. [❑] Buyer has been afforded the opportunity to have a Wood Destroying Pest Inspection. However,Buyer hereby waives his/her right to have a wood destroying pest inspection and relies upon his/her own determination as to the condition of said property. 4. WATER TEST(If Applicable)—"LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. [❑] 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 Inspecrion Report. (CHOOSE ONE) 1. On or before 2.No later than days prior to closing. b. [�] 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. . 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. [❑] 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 Cerrified Inspector. (CHOOSE ONE) 1. By .2.No later than days prior to closing. b. [❑] Sepric System Inspection will be completed by a certified DNR sepric system inspector at Buyer's E�pense,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. [❑] 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. [❑] 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 condirion of said properry. e. [❑] N/A-property not served by septic system 6. LEAD-BASED PAINT(See EPA pamphlet Protect your Family from Lead in Your Home) a. [❑] This contract is contingent upon a risk assessment or inspecrion of the property far the presence of lead-based paint and/or paint hazards at the Buyer's expense with such inspecrion to be completed before 9:00 P.M. on the l Oth 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 INITIAL 06/1320 INITIAL 06/1320 SELLER INITIAL� INITIAL� 429 PM CDT 432 PM CDT dotloop verified dotloop verified dotloop signature verification: �Xm-ahTo-NOAp INSPECTION ADDENDUM PAGE 3 ECIAR 7 Page 3 of 3 Pages PROPERTY ADDRESS_2033 Washington st,Dubuque,IA 52001 Street City State ZIP LEAD BASED PAINT(CON'T) b. [�] 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 properry. 7. RIGHT TO CURE/REPAIR Seller has the right to cure/repair any defective condition discovered by inspections report except*: a. [❑] No exceptions apply,OR b. [�] (fill in)_Termites,or termite damage,toxic mold,structural issues *If Buyer has excepted an area or system from the right to cure/repair a defective condition by checking box"b"above and if an inspection describes a defective condition in the excluded area or system,this purchase contract shall be terminated, unless otherwise mutually agreed by the parries in writing. In the event that option"a"above has been selected such that no exceprions apply,the existence of a defective condirion shall not consritute grounds for termination of the Purchase Contract if the Seller agrees to cure andlor repair said condirion. 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 a„ SELLER INITIAL�INITIAL� 429 PM CDT 432 PM CDT 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. The above shall be attached to and made part of said Purchase Contract dotloop verified Buyer�~"��OO� 06/13/20 429 PM CDT ate06/12/2020 Seller ate HQJD-LHAO-DVFE-VICU �� tlotloop verlfletl BUyer 06/1320432 PM CDT ate06/12/2020 Seller ate BPWV-7GJ5-J9AGTEVX dotloop verified dotlaop verified �j�p� 06/1320427 PM CDT 06/14/202:04 PM CDT Age]�]t ��"` NNJS-ROQZ-CTX4-BMIJ ate06/12/2020 Agen � / 456E-IMSB-IOEQ-LQML ate ECIAR 7 1/20 �O Copyright 2020 East Central Iowa Multiple Listing Service For Member Use Only dotloop signature verification: �Xm-ahTo-NOAp � � O '�' `Y O CD � � '� � p fIQ � � � � n � � � O (D � � CD U� � �� C�D � � � ¢' � � �� Q- ¢, o � � � o• �, �' � � � �n=� ��- m � �o� � � � O �. � �1 � �� W A� � �' �-�t I 3 v � � � � � � � �� N , O Q c� `� � rn N � n `p � „� r* ,� o � � ��-h � � � � �,. " f9 rn � O <p ;...� o' N � l�1 ,� � A� � ' � c b � rn � '+' � 'u � c � �.'C � � � �� n � � r � � p' '� `�' (!7�3 � � v' �, Q., � � 0� ��T � v'. 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'r7 � A� � O � � � � � � C/� cD `� cD '� '� i UQ �C '� �r ��C � � P� �9 7Q �9 � '�' �-t �. � � �-s �C m i-s UQ v� i � �� '� R�AI.TOfY �� i . � eauAl HousiNa GPPORTUNIF7 ADDENDUM T4 PURCHASE CONTRACT FOR COMPETING 4FFERS Date of Offer for Real Estate:06/12/2020 Seller:City of Dubuque Buyer:William C.Andress ancl Emily j.Andress � Address of Property Being Purchased: 2033 Washington st,Dubuque,IA 52001 Address City State ZIP Should any other offer°(herein"Other Offer")be presented, or considered by the Sellers on the Property,prior to the expiration of the acceptance deadline provided in the Purchase Contract, or during any subsequent negotiations between Buyer and Se11er,Buyer agrees to increase the net purchase price of the Purchase Contract to be $1000 greater '�� than the purchase price of other net offers that are not Subj ect-To-Sale,up to a maximum of$.140,500 . 'i � THE INCREASE TO THE BUYER'S PURCHASE PRICE IS EXl'RESSLY CUNTINGENT UPON: • Se11er providing Buyer sufficient evidence of the net purchase price of the Other Offere • The Property must be appraised by a state licensed or certified appraiser retained by the Buyer or Buyer's lender, � at or above the iricreased purchase price. Buyer agrees to proceed with a11 due diligence to obtain appraisal and agrees to provide Seller with a copy of such appraisal, if appraised value is lower than the increased purchase price. Seller may give notice to Buyer within 3 business days of receipt of appraisal,that Seller is unilaterally 3 0 lowering the purchase price to equal the appraised value as determined by the appraisal and Buyer shall continue : , to be bound to complete the transaction, otherwise this Addendum and Pu�chase Contract shall become � terminated and the Earnest Money shall be refunded to Buyer. • Other: Buye -- r� _r � Buye � . . . Agen ... . . � � SELLER RESPONSE T ADDENDUM T�J PURCHASE CONTRACT FOR COMP�TING�FFERS (S elect One of the following)• . � Seller did not receive another offer on this property Which makes this Addendum Null and Void. Seller did receive a Competing Offer for$.138,000 and per the wlshes of the Buyer(s) outlined in this Addendum,makes the final accepted purchase price $_139,000 . ot oop veri ie S eller��'�� 06/17/20 7:36 AM CDT � ' ' EMRK-MVXS-KPI7-EHRI Seller 0 oop ven ie , . ' Agen �e.c�i�e.eir� 06/17/20 6:24 AM CDT SHCP-3LIN-1 Z20-LMSC This is a legally binding Contract.If not understood, consult with legal counsel of your choice. 06/19 Copyright �O 2019 East Central Iowa Multiple Listing Services,Inc. For Member use only ; ; �. � � � . � . � � � i r , � { � i I � . : ._ �` �t. _ . .� .� *; p� �:� =t � �' �� m� 'o�' � '�� ,� �" ` ,�dk b'' SII�I3 i��t °"'; � '�€.'� ^.�,,,�.�� i �.�+�, � . a`� �4 '',3 � ;� � � �......e . .. , , � � � �.�_.� { �� .. _.�.��" . r rd'=' � ,-�t ; � � ;� `u.si � � �� i ,w„�,.� .� y � �.,� --�..� .� ._ i � • � � �;; � � � �� ' � � (Q(Si r :'i`* .�}o � � �o ��`: � � y n S � .' � .:�¢ � �� ;� �� . ... � � ___�� . � � � � ; :,� � � � � �� _ � � _ � _ �� : � � � . � � : :� ; ,;� �� :�s � � ::,�R .� � .. ��. . . � � � �'� i, �Y_5 . 6"� . � _' .... , . . . �' � �:�q �, ; �a �� -1 � �"'K {i � �� , � �� _ , �;,�'� � :� � ; � , � �� :� � � '�� _ � � � � �� . � �:. � � � � � _ . � � ' x �� ' :� : � � � � � � . � � , � . .� � . ; :'� F y � � f x . �r .. . �, �� 1 . � � �� ' ' � � � :�� i `� � ' � .. � ' � \h � � � , ..� � �� l� ! ' � � . � �.� , ".t (�� g . ... � � . .. o �2 i � �::. 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F:�. .; , ' � � � . . � � � 7 � �. . . . � ' . . . . rx .,. ; , r,- •., _ � .._-.. ._. ��,:�� ;::° `t.; ..� � STATE OF IOWA SS: DUBUQUE COUNTY ' � , � CERTIFICATE OF PUBLICATION � 'I ; I 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 DubLique and State of Iowa; hereby certify that the � attached notice was published in said newspaper on the � following dates: ';1 07/10/2020 ;j ;,� and for which the charge is 55.67 � .. i ... i �� i i Subscribed to be ore me, a Notary Pub ' in and for i Dubuque County, Iowa, '! i this 10th day of Ju1y, 2020 � �� -K � � �' � � Notary t lic in and for Dubuque Co nty, Iowa. �� u.,� Jl+4d�'�M:.PAP� � � ��e �a�m�tssio�n Nur�trer i99�� Wy Co�nm.Exp,D�C t t,2a?�2 , '°"" �I 9 I� I � � � � � u � � 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 20th � day of July at 6:30 p.m. By virtual means at which meeting the City Council proposes to dispose of an interest in the � following described real property sale to Emily J. And William i1 C. Andress: Lot 22 of Steiners Addition, in the City of Dubuque, Iowa, according to the recorded plat thereof, together with and ;i subject to all easements and agreements of record (locally ;i known as 2033 Washington Street). � Due to the ongoing COVID-19 pandemic, the City Council will 1 meet virtually through GoToMeeting. The official agenda will be posted on July 17, 2020 and will contain listening, viewing, and pnblic input options. The City Council agenda can � be accessed at https://cityofdubuque.novusagenda.com/AgendaPublic/ 'ii At the meeting, the City Council will receive oral and � written comments frorn any resident or property owner of said City to the above action. Written comments regarding the above !i public hearing may be submitted to the City Clerk's Office, `j City Hall, 50 W. 13th Street, on or before said time of public �l hearing, or through ctyclerk@cityofdubuque.org. � 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. !� Individuals with limited English proficiency, vision, u hearing or speech impairments requiring special assistance should contact the City Clerk's Office at (563) 589-4100, TDD '�;; (563) 690-6678, ctyclerk@cityofdubuque.org as soon as �' � feasible. Deaf or hard-of-hearing individuals can use Relay �f; Iowa by dialing 711 or(800) 735-2942. i Dated this lOth day of July 2020. � � Kevin S. Firnstahl, CMC City Clerk ''' RESOLUTION NO. 196-20 ` �+ INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL : � � ESTATE TO EMILY J. AND WILLIAM C. ANDRESS, SETTING A TIME AND ' ' �. . '' PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE � THEREOF WHEREAS, the City of Dubuque, Iowa (City) owns 2033 � Washington Street(the Property) legally described as: � Lot 22 of Steiner's Addition, in the City of Dubuque, Iowa, � according to the recorded platthereof, together with and subject to all easements and agreements of record; and WHEREAS, City acquired the Property from Dubuque's True North Corporation 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 Emily J. and William C. Andress; 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 opporiunities 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 � � � Emily J. and William C. Andress for the sum of$139,000.00. Section 2. That the City Council shall conduct a public � hearing on the proposed disposition of real estate in the City i Council Chambers at the Historic Federal Building, 350 W. 6th � Street, Dubuque, Iowa on the 20th day of July 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 a form attached hereto, according to law. � Passed, approved and adopted this 6th day of July 2020. �� Roy D. Buol, Mayor � Attest: Kevin S. Firnstahl, City Clerk � lt 7/10 � � i u !1 �� :i � li ii i ; �� , I'I !; �,{ � . ;� ''i II !�I , '� � �yi �� Closing Statement 2033 Washington Street Closing Date: LuvE. a5, AtaD Seller: Dubuque's True North Corporation 900 Jackson Street, Suite 109 Dubuque, IA 52001 Purchase Price Buyer: City of Dubuque, Iowa 50 West 13th Street Dubuque, IA 52001 $1.00 I have reviewed the Closing Statement and agree to the above disbursements. SELLER: DUBUQUE'S TRUE NORTH CORPORATION By: Rick Dickinson BUYER: CITY OF DUBUQUE, IOWA By: Crenna Brumwell, City Attorney Date (./ 4),- 0 Date AIr.L4 SQUIT CLAIM DEED ° 'P Return to: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, Iowa 52001 7 Taxpayer: City of Dubuque, Iowa, 50 West 13th Street, Dubuque, Iowa 52001 �S°C11T`� Preparer:Crenna Brumwell, City Attorney, City of Dubuque, Iowa For the consideration of One consideration, Dubuque's True North Corporation Dollar(s) and other valuable Quit Claim to City of Dubuque, Iowa do hereby all our right, title, interest, estate, claim and demand in the following described real estate in Dubuque County, Iowa: Lot 22 in Steiner's Addition in the City of Dubuque, Iowa according to the recorded plat thereof Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: -&7Oa9 uque's True North Corporation (Grantor) (Grantor) (Grantor) (Grantor) (Grantor) (Grantor) STATE OF IOWA , COUNTY OF DUBUQUE This record was C�� ac owledged before me on U. ;),` r , by KICK t\10(11\)%1N, 4.. I. owe TRACEY L. STECKLEIN Commission Number 716 1 My Comm. Exp. Signature of tary Public © The Iowa State Bar Association 2019 IowaDocs® Form No. 106, Quit Claim Deed Revised February 2019 RESOLUTION NO. 178-20 ACCEPTING THE DEED TO CERTAIN REAL ESTATE OWNED BY DUBUQUE'S TRUE NORTH CORPORATION IN THE CITY OF DUBUQUE Whereas, the residential purchase and rehabilitation component of Dubuque's True North Corporation is being shifted to the City of Dubuque Housing & Community Development Department due to economies of scale the City operates with; and Whereas, Dubuque's True North Corporation (the Owner) of this certain real estate has voluntarily agreed to give to the City of Dubuque the certain real estate legally described as follows (the Property): 2033 Washington Street Parcel ID: 1024214017 Lot 22 in Steiner's Addition in the City of Dubuque, Iowa according to the recorded plat thereof ; and Whereas, the acquisition of this real estate is a voluntarily negotiated acquisition by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; and Whereas, it is in the best interest of the City to acquire the Property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWATHAT : Section 1. The City of Dubuque be and is hereby authorized to accept a Quit Claim Deed from the Owner, conveying the Owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 2. The City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Passed, approved, and adopted this 15th day of June 2020. Roy D. Boul, Mayor Attest: Kevin(S. Firnstahl, City`Clerk 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. 178-20 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. »r r KevinrS. Firnstahl, CMC, City Clerk REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Dubuque's True North Corporation Address 900 Jackson Street, Suite 109, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: 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 Address of Property Transferred: 2033 Washington Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 22 in Steiner's Addition 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. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) X There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) X All buildings on this property are served by a public or semi-public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Transferor or Agent) 7/ ( Telephone No.: (563) 557-9049 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) CTRL # • C O Y Y Y Y M M##### 11 II�II�AI *1557006019999' REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions comprised in form 57-011 before completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT Date of Instrument (MMDDYYYY) Enter the number matching your selection in the box at the end of the line: Deed (1) Contract (2) Seller: Dubuque's True North Corporation Phone Number: (563) 557-9049 Seller Address: 900 Jackson Street, Suite 109 State: Iowa ZIP:52001 email: Buyer: City of Dubuque, Iowa Buyer Address: 50 West 13th Street State: Iowa ZIP: 52001 email: cbrumwel@cityofdubuque.org Address of Property Conveyed: 2033 Washington Street City: Dubuque • Phone Number: (563) 589-4381 City: Dubuque City: Dubuque State: Iowa ZIP: 52001 Legal Description: Lot 22 in Steiner's Addition in the City of Dubuque, Iowa according to the recorded plat thereof Enter the number corresponding to your selection in the box at the end of the line, if applicable. Type of Sale: Sale between related parties/family (1); Sale of partial interest (2); Trade (3); Quit Claim Deed (4); Auction (5) 4 Was this a sale of agricultural land to: Corporation (1); Trust (2); Alien (3); Non-resident Alien (4); Limited Partnership (5) DECLARATION OF VALUE STATEMENT 1. Total Amount Paid 2. Amount Paid for Personal Property 3. Amount Paid for Real Property hereby declare that the information contained in Part I of this form is true and correct. Printed Name:RiJc •nso; 2 Dubuque's True North Corporation Phone Number: (563) 557-9049 Signature: Effective On or Before 07/01/16 Buyer Page 1 1 .00 .00 1 .00 or Seller X or Agent or Attorney ISBA 57-006a (03/15/16) ■ • Real Estate Transfer — Declaration of Value, Page 2 Part II - TO BE COMPLETED BY THE ASSESSOR Assessed values must be as of January 1 of the year in which the sale occurred. SECTION A: SINGLE CLASSIFICATION Primary Classification: Residential (4); Commercial (5); Industrial (2); Agricultural (1); Multi -residential (7) City/Township: 3 I_J Occupancy: Primary Parcel Number: Year Built: Class Land Building Dwelling Res .00 .00 .00 Com .00 .00 Ind .00 .00 Ag .00 .00 .00 MultiRes .00 .00 { .00 Subtotal SECTION B: DUAL CLASSIFICATION Primary Classification: Commercial (5); Industrial (2); Multi -residential (7) � City/Township:� Occupancy: y. Primary Parcel Number: Year Built: i .00 Class Land Building Dwelling Com .00 .00 Ind .00 .00 MultiRes .00 .00 .00 Subtotal Total: Add Subtotal amounts from Sections A and B ,! Enter amount from line 3, page 1 Dt Ratio: Divide Total amount by the amount on line 3, page 1 Comments: .00 .00 Ii.00 OA NUTC Jurisdiction ■ Effective on or before 07/01/16 Page 2 ISBA 57-006b (03/15/16) ■