Intent to Dispose of Property at 2320 Jackson Street_Hearing Copyrighted
October 5, 2020
City of Dubuque Public Hearings # 1.
City Council Meeting
ITEM TITLE: Intentto Dispose of Propertyat2320 Jackson Street
SUM MARY: Proof of publication on notice of public hearing to consider disposing of
City-owned real property located at 2320 Jackson Street to Michael R.
Taylor, and the City Manager recommending approval.
RESOLUTION Disposing of City Interest in real property by Deed to
Michael R. Taylor
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Sale of 2320 Jackson Street-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Purchase Agreement Supporting Documentation
Purchase Agreement-Addendum Supporting Documentation
Purchase Agreement- I nspection Addendum Supporting Documentation
Special Warranty Deed Supporting Documentation
Proof of Publication Supporting Documentation
Dubuque
THE CITY OF �
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Sale of City-Owned Property at 2320 Jackson Street
DATE: October 1, 2020
Housing and Community Development Director Alexis Steger recommends City Council
approval of a Purchase Agreement and Special Warranty Deed for the sale of City-
owned real property located at 2320 Jackson Street to Michael R. Taylor for the
purchase price of$136,500. A $25,000, 0% interest loan will be made available to the
buyer 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 his principal place of residence.
Financing to Mr. Taylor will be provided through a first mortgage from Dubuque Bank and
Trust.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Y
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
Dubuque
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TO: Michael C. Van Milligen, City Manager
FROM: Alexis M. Steger, Housing and Community Development Director
SUBJECT: Sale of City-owned property at 2320 Jackson Street
DATE: September 22, 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 2320 Jackson Street to Michael R. Taylor.
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 2320 Jackson Street in January 2019,
from DRP LLC., for $23,000. 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 was approximately$269,267, plus the acquisition cost of
$23,000 bringing the City's investment total to approximately$292,267.
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 Michael R. Taylor to purchase the property at 2320 Jackson
Street for $136,500.00. A $25,000, 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 Michael R. Taylor will be provided through a first mortgage from Dubuque
Bank and Trust.
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 2320 Jackson 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. 315-20
DISPOSING OF CITY INTEREST IN REAL PROPERTY BY DEED TO MICHAEL R.
TAYLOR
Whereas, the City of Dubuque, Iowa (City) is the owner of the following real property
(the Property):
Lot 65 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according
to the recorded plat thereof;
locally known as 2320 Jackson Street; and
Whereas, City and Michael R. Taylor have tentatively entered into a Purchase
Agreement pursuant to which City will convey the Property to Michael R. Taylor; and
Whereas, the City Council, by Resolution No. 298-20, dated September 21, 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 October 5, 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 Michael R. Taylor 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 Michael
R. Taylor 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 Michael R.
Taylor.
1
Pg. 2 - Resolution No. 315-20
Section 3. That 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 5th day of October 2020.
Attest:
Ke n S. Firnstahl, City erk
Roy D. Buol, Mayor
2
Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381
Tax Statement to:
Michael R. Taylor
2320 Jackson 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 Michael
R. Taylor, a single person, the following legally described real estate situated in the
County of Dubuque, State of Iowa, to wit (the Property):
Lot 65 in L.H. Langworthy's Addition in the City of Dubuque, Iowa, according
to the recorded plat thereof;
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. 298-20 of the City
Council of the City of Dubuque adopted the 21st day of September 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 5th day of October 2020 at Dubuque, Iowa.
CITY OF DUBUQUE IOWA
By:
Attest:
STATE OF IOWA
SS
COUNTY OF DUBUQUE )
On this 133day of £DC \c cstr , 2020, before me a Notary Public in and
for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally
known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively
of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the
laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal
of said Municipal Corporation, and that said instrument was signed and sealed on behalf
of said Municipal Corporation by authority and resolution of its City Council and said
Mayor and City Clerk acknowledged said instrument to be the free act and deed of said
Municipal Corporation by it voluntarily executed.
N
ion Number 719986
Commission Expires
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Notary Public in and for Dubuque County, Iowa
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Doc ID 010591190001 Type GEN
Kind: AFFIDAVITS
Recorded: 10/12/2020 at 03:10:00 PM
Fee Amt: $7.00 Page 1 of 1
Dubuque County Iowa
John Murphy Recorder
Fi1e2020_00015620
Prepared By and Return To: Jeffrey E. Hiatt - # AT0010943,
2080 Southpark Court, Dubuque, IA 52003 (563) 582-2926
AFFIDAVIT EXPLANATORY OF TITLE
Re: Lot 65 in L. H. Langworthy's Addition in the City of Dubuque, Iowa,
according to the recorded plat thereof
STATE OF IOWA DUBUQUE COUNTY
I, the undersigned, being first duly sworn on oath depose and state as follows:
1. I executed a Quit Claim Deed dated June 25, 2020, filed June 30, 2020 as Instrument
No. 2020-00009278 ("Deed") where the Grantor was Dubuque's True North
Corporation and the Grantee was City of Dubuque, Iowa.
2. At the time of executing the Deed, Dubuque's True North Corporation was an active
[Iowa Corporation], organized and existing under the laws of [Iowa] and I executed the
Deed in my capacity with Dubuque's True North Corporation as an [Officer of the
Corporahoni: My execution of the Deed was an authorized act by the Corporation in
my representative capacity.
3. Further Affiant sayeth naught.
Rick Dickinson
STATE OF IOWA, COUNTY OF DUBUQUE
This record was ac4 ed b fgre me on
Rick Dickinson. ���� ..
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Signature of Notary Public
, 2020 by
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PURCHASE CONTRACT Page 1 of 4 Pages
THIS IS A LEGAL BINDING DOCUMENT.IF NOT UNDERSTOOD SEEK LEGAL ADT�ICE
DATE OF OFFER08/31/2020
AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION
L This document is prepared by:Ruhl&Ruhl Realtors Karl Dolter 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. DAddendum 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 undersignedMichael Taylor (herein designated as BUYER)
Buyer names
15. Hereby propose to purchase your property known as:2320 Jackson Street Dubuque
Address City
16. IA 52001 Parcel#(s)1013459006
State ZIP
17.and agrees to pay you the sum of:See competing offer clause
18. $136,500 as follows: $1,000 earnest money to be held in trust by(select one) � Listing Broker,
19. or, ❑ other_ .Earnest money shall be
20. increased to$ 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. $0 TOWARD BUYERS CLOSING COSTS AND PREPAID ITEMS.
26. OTHER TERMS/CONTINGENCIES
27.The Purchase Price is be paid as follows (Check the Appropriate Box(s))
28. � CASH to be paid on settlement date. This offer is not contingent upon Buyer obtaining financing. Seller has
29. right to receive immediate verification of funds. ❑Seller❑ Buyer is responsible for settlement fee.
30.Terms as follows:
31. � FINANCING This contract is contingent upon the Buyer obtaining a written commitment for financing with
32. terms as provided in lines 39-41 of this contract.
33. �Conventional �ConventionalInsured
34. 0 FHA �VA
35. � Land Contract(terms as follows)
36. �OTHER
37. If Buyer provides written proof Buyer is unable to obtain financing,this contract is terminated and earnest
38. money returned.
39.DOWNPAYMENT 20 (%)percent(or)$. INTEREST RATE not to exceed:4 %per annum
40.TERM OF MORTGAGE/LOAN 3p years. DATE FOR FINANCING CONTINGENCY RELEASE:09/30/2020 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
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Page 2 of 4 Pages
PROPERTY 2320 Jackson 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: 10/16/2020 Or,
47.Within days after the
48. OCCUPANCY.Occupancy shall be given to Buyer(choose one) � 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 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 deductable on such policy.However,if
75.the sale is financed by a land contract or a martgage 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 AND RENTAL ITEMS(i.e.water softener,LP or other gas tank):.
91.
BUYER INITIAL izo INITIAL� SELLER INITIAL o zo INITIAL�
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Page 3 of 4 Pages
PROPERTY 2320 Jackson 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 ritle 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 andlor
115.recaptured rights of Seller in real estate shall be and conrinue 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 within days of acceptance. ^*'�^�*����� �'""„�;^��� a^��
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"�.^^'��a��'�a ��**'����*.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,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 izo INITIAL� SELLER INITIAL o zo INITIAL�
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Page 4 of 4 Pages
PROPERTY2320 Jackson 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 communication or certified mail.Persons designated for receipt or to
158.give any norice 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 contains 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 before3 �a.m.or�p.m.Date:09/01/2020 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 Vicki Bechen at9:00 �a.m.or�p.m. Date:09/01/2020
176.The fore oin offer is check one : �ACCEPTED �RE ECTED �COUNTERED
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BTRB-WODH-XWXU-MMS1 FNUB-98YR-HROLMORK
(Buycr's Signaturc) DATE: (Sc11cr's Signaturc) DATE
Michael Taylor
Prinl name here Print name here
(Buycr's Signaturc) DATE: (Sc11cr's Signaturc) DATE
(Print namc hcrc) (Print namc hcrc)
Address PHONE Address PHONE
City State ZIP Ciry State ZIP
michaelray563@gmail.com
E-mail FAX E-mail FAX
Karl Dolter Ruhl&Ruhl Realtors Vicki Bechen Brissey Realty
(Buyer's Agent) Office (Seller's Agent) Oftice
Buyer Attorney Name:Jeff Hiatt-CWCR&H
ECIAR 1/18 OO Copyright 2018 East Central Iowa Multiple Listing Service For Member Use Only
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This Addendum is hereby attached to and made part of a certain Purchase Agreement dated
08/31/zozo (herein"Purchase Agreement")executed
byMichael Taylor (herein "Buyer")
and ciry of�ubuque (herein "Seller") for the Property
IOCated at:2320 Jackson St.Dubuque,IA 52001 (herein "Property").
Strcct City Statc Zip
Should any other bonafide 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 Agreement or during
any subsequent negotiations between Buyer and Seller, and such Other Offer's purchase price be
�136,soo or greater, Buyer agrees to increase the purchase price of the Purchase Agreement to be
$s,000 greater than the purchase price of the Other Offer,up to a maximum of$144,00i
This increase to the Buver's purchase price is expresslv contingent upon:
• Seller providing to Buyer sufficient evidence of the purchase price of the Other Offer.
• The Property must be appraised by a state licensed or certified appraiser retained by Buyer or Buyer's
lender, at or above the increased purchase price. Buyer agrees to proceed with all due diligence to obtain
appraisal and agrees to provide Seller with 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 lowering the purchase price to equal the appraised value as determined by the appraisal and Buyer
shall continue to be bound to complete this transaction, otherwise this Agreement shall become null and void
and the Earnest Money shall be refunded to Buyer.
• Other
This is a legally binding Contract. If not understood, consult with legal counsel of your choice. Receipt of a copy of this
Agreement is acknowledged by the parties hereta This Agreement has been read and executed on the dates beside all
signatures.
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Seller Date Buyer Date
Seller Date Buyer Date
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PORr�� ECIAR 7
INSPECTION ADDENDUM Page 1 of 3 Pages
RE: PURCHASE CONTRACT,dated 08/31/2020 by and between the undersigned Buyer and Seller concerning the
real estate commonly known as:
2320 Jackson Street,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 08,3� INITIAL� SELLER INITIAL o9,0� INITIAL�
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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.Withinl4 days afteracceptance of offer.
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 afteracceptance of offer.
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.
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INSPECTION ADDENDUM PAGE 2 ECIAR 7 Page 2 of 3 Pages
PROPERTY ADDRESS_2320 Jackson Street,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 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.
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. [❑] 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 08,3� INITIAL� SELLER INITIAL a9,p� INITIAL�
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INSPECTION ADDENDUM PAGE 3 ECIAR 7 Page 3 of 3 Pages
PROPERTY ADDRESS2320 Jackson Street,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)
*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 08,3� INITIAL� SELLER INITIAL o9,0� INITIAL�
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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
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ECIAR 7 1/20 �O Copyright 2020 East Central Iowa Multiple Listing Service For Member Use Only
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:
09/25/2020
and for which the charge is 52.56 I
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----- -- — -- — — ---- �.— .
Subscribed to before me, a Notary Public in and for ,
Dubuque County, Iowa,
this 25th day of September, 2020
---- -� �---�--- — ----
Nota P blic in and for Dubuque C nty, Iowa.
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Ad text : CITY OF DUBUQUE, IOWA p
OFFICIAL NOTICE ��I
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa, will hold a public hearing on the Sth II
day of October 2020, at 6:30 p.m. and conducted virtually, at �
which meeting the City Council proposes to dispose of an
�
interest in the following described real property by sale to
Michael R. Taylor:
Lot 65 in L.H. Langworthy's Addition in the City of Dubuque, ,
Iowa, according to the recorded plat thereof. -
Locally known as 2320 Jackson Street.
Due to the ongoing COVID-19 pandemic, the City Council will
meet virtually through GoToMeeting. The official agenda will �
be posted on October 2 2020 and will contain location, �j
listening, viewing, and public input options. The City Council I',
agenda can be accessed at ',;
https://cityofdubuque.novusagenda.com/AgendaPublic/. At the �,:
meeting, the City Council will receive oral and written �'
comments from any resident or property owner of said City to �'
the above action.
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 dnring normal working hours. j'
Written comments regarding the above public hearing should
be submitted to the City Clerk's Office, 50 W. 13th St., '�
Dubuque, IA 52001, ctyclerk@cityofdubuque.org, on or before ;i
said time of public hearing. "
Individuals with limited English pro�ciency, vision, � ��
hearing or speech impairments or requiring special assistance �
should contact the City Clerk's Office at(563) 589-4100, ,'i
TDD/TTY(563) 690-6678, ctyclerk@cityofdubuque.org as soon as 'ii
feasible. Deaf or hard-of-hearing individuals can use Relay ';i
Iowa by dialing 711 or(800) 735-2942. "
�
Dated this 25th day of September 2020. ;
�
Kevin S. Firnstahl, CMC, City Clerk j
RESOLUTION II'
N0. 298-20 I
�,;,
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ��
ESTATE TO MICHAEL R. TAYLOR, SETTING A TIME AND PLACE FOR '�
HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa(City) owns 2320 Jackson ;�
Street(the Property) legally described as: ��
Lot 65 in L.H. Langworthy's Addition in the City of Dubuque,
Iowa, according to the recorded plat thereof; and i
WHEREAS, City acquired the Property from Dubuques 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 Michael R. Taylor; 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 g
is consistent with the City goal of creating opportunities for q
,.
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 Michael R. �
Taylor for the sum of$136,500.00. �
Section 2. The City Council sha11 conduct a public hearing �
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on the proposed disposition of real on the Sth day of October �
2020 beginning at 6:30 p.m. and conducted virtually. �
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 21st day of September �
2020. I
Roy D. Buol, Mayor i
ATTEST: Kevin S.
Firnstahl, City Clerk - �
lt 9/25 �
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