Sale of City-Owned Property at 305-307 East 22nd Street_Hearing Copyrig hted
March 15, 2021
City of Dubuque Public Hearings # 1.
City Council Meeting
ITEM TITLE: Sale of City-Owned Property at 305-307 East 22nd Street
SUM MARY: Proof of publication on notice of public hearing to request City Council
approval of the disposal of City-owned real property located at 305-307
East 22nd Street to Affordable Housing Network, I nc. for the purchase
price of$4,171, and City Manager recommending approval.
RESOLUTION Disposing of City interest in real property located at
305-307 East 22nd Street, in the City of Dubuque, lowa
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
305-307 East 22nd Street Sale-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Special Warranty Deed Supporting Documentation
Purchase Agreement 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 305-307 East 22nd Street
DATE: March 8, 2021
Housing and Community Development Director Alexis Steger requests City Council
approval of the disposal of City-owned real property located at 305-307 East 22nd Street
to Affordable Housing Network, Inc. for the purchase price of $4,171.
The Agreement between the City of Dubuque and Affordable Housing Network, Inc., is
to assist the City's affordable housing initiative by acquiring, rehabilitating, and selling
homes to under 80% median income families and/or manage properties for the benefit
of below 60% median income households.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v �
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
THE CITY OF �
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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 305-307 East 22nd Street
DATE: March 3, 2021
Introduction
The purpose of this memorandum is to request the City Council to hold a Public Hearing
for the purpose of disposing of City-owned real property located at 305-307 East 22na
Street.
Backqround
The property at 305-307 East 22nd Street was originally purchased by True North in
December 2019. The City took ownership as part of the shifting of residential purchase
and rehabilitation component of the Dubuque's True North Corporation to the Housing
Department in January 2020.
Discussion
This property was identified to have great potential to rehabilitate and create
decent/affordable rental options to income-qualifying household under 60% median
income. The City strives to provide affordable housing opportunities throughout the city
of Dubuque. This property is located in the Washington Neighborhood.
The Agreement between the City of Dubuque and Affordable Housing Network, Inc., is
to assist the City's affordable housing initiative by acquiring, rehabilitating, and selling
homes to under 80% median income families and/or mange properties for the benefit of
below 60% median income households. AHNI has agreed to pay $4,171.00 to the City
upon transfer of ownership. Revenue from the sale of this property will go back to the
original funding source which is Tax Increment Financing (TIF) 3602766-54104.
This sale will maintain decent, safe affordable housing options in the neighborhood and
increase the tax base. Additionally, it meets the Voluntary Compliance Agreement
(VCA) objectives of increasing housing options for low-moderate income households.
Recommendation
I respectfully request the City Council hold a public hearing and approve the attached
resolution approving the disposal of 305-307 East 22nd Street to Affordable Housing
Network, Inc.
Prepared by: Kris Neyen, Rehabilitation Programs Supervisor
Prepared by: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239
RESOLUTION NO. 84-21
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 305-307 EAST
22ND STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 57-21, dated March 1, 2021,
declared its intent to dispose of City interest in real property located at 305-307 East 22nd
Street, legally described as:
Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in the City of
Dubuque, Iowa, according to the recorded plat thereof, subject to
easements of record
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on March 15, 2021 at 6:30 p.m. in the Historic Federal Building, 350 W. 6tn
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the purchase
agreement for the sale to Affordable Housing Network, Inc. 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;
Section 1. The purchase agreement by and between the City of Dubuque and
Affordable Housing Network, Inc. for the sale of the Property, a copy attached hereto, is
hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute a Special Warranty Deed, conveying the City's interest in the Property to
Affordable Housing Network, Inc.
Section 3. That the City Clerk is hereby authorized and directed to cause said
Special Warranty Deed to be delivered to the City Attorney's Office, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 15t" day of March 2021.
, /, (S/, 4 �,
Roy D. Kol, Mayor
Attest:
U�*✓� d
Adrienne N. Breitfelder, City Clerk
Doc ID: 010703660008 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 03/30/2021 at 02:35:21 PM
Fee Amt: $47.00 Page i of 8
Revenue Tax: $0.00
Dubuque County Iowa
John Murphy Recorder
File2021-00004890
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:
Affordable Housing Network, Inc.
5400 Kirkwood Boulevard SW
Cedar Rapids, IA 52404
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
Affordable Housing Network, Inc., an Iowa non-profit corporation, the following legally
described real estate situated in the County of Dubuque, State of Iowa, to wit (the
Property):
Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in the City of
Dubuque, Iowa, according to the recorded plat thereof, subject to
easements of record.
This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6).
This Deed is given pursuant to the authority of Resolution No. 84-21 of the City
Council of the City of Dubuque adopted the 15th day of March 2021, 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 15th day of March 2021 at Dubuque, Iowa.
CITY OF D71y
E IOWA
By:
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Attest:
By: �
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE
Roy D. Buol, Mayor
On this day of %L2021, before me a Notary Public in and for
said County, personally appeared Roy D. Buol and Adrienne N. Breitfelder 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.
, vs, r s KERRY 10 BRADLEY
o Commission Number 808090
Z My Commission Expires
Notary Pu lic ' a for Dubuqu ounty, Iowa /0WP . December 26, 2oz3
Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6th St., Suite 312, (563) 690-6072
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 13t' St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO.57-21
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO
AFFORDABLE HOUSING NETWORK, INC., SETTING A TIME AND PLACE FOR
HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa (City) owns 305-307 East 22nd Street (the
Property) legally described as:
Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in the City of
Dubuque, Iowa, according to the recorded plat thereof, subject to
easements of record; and
WHEREAS, City acquired the Property through the transfer of ownership by
Dubuque's True North Corporation for the purpose of its restoration and re -sale for owner -
occupied housing; and
WHEREAS, Affordable Housing Network, Inc, will rehabilitate the property and sell the
property to an income qualified family or manage the property for the benefit of low to
moderate income households; and
WHEREAS, by accepting the selected offer the City's objectives of providing housing
options for low to moderate income households, rehabilitation of two vacated homes, and is
consistent with the City goal of creating opportunities for affordable housing.
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 Affordable Housing Network, Inc.
Section 2. That the City Council shall conduct a public hearing on the proposed
disposition of real estate virtually on the 15t" day of March, 2021 beginning at 6:30 p.m.
Section 3. That the City Clerk be and is hereby authorized and directed to publish
notice of the public hearing in the form attached hereto, according to law.
Passed, approved and adopted this 1 It day of March, 2021.
(Y,
Roy D. B ayor
ATTEST:
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Adrienne N. Breitfelder, Cit Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 57-21 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 2"d day of March 2021.
W�w fir( `
Adrienne N. Breitfelder, City Clerk
Prepared by: Kris Neyen, 350 W. 6w Street, Dubuque IA 52001 563 5894239
Retum to: Kris Neyen, 350 W. 6'^ Street, Dubuque IA 52001 563 589-4239
RESOLUTION NO. 84-21
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 305-307 EAST
22ND STREET, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 57-21, dated March 1, 2021,
declared its intent to dispose of City interest in real property located at 305-307 East 22r'd
Street, legally described as:
Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in the City of
Dubuque, Iowa, according to the recorded plat thereof, subject to
easements of record
(the Property); and
Whereas, pursuant to published notice, a public hearing was held on the proposed
disposition on March 15, 2021 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 to Affordable Housing Network, Inc. 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;
Section 1. The purchase agreement by and between the City of Dubuque and
Affordable Housing Network, Inc. for the sale of the Property, a copy attached hereto, is
hereby approved.
Section 2. The Mayor and City Clerk are hereby authorized and directed to
execute a Special Warranty Deed, conveying the City's interest in the Property to
Affordable Housing Network, Inc.
Section 3. That the City Clerk is hereby authorized and directed to cause said
Special Warranty Deed to be delivered to the City Attorney's Office, together with a
certified copy of the Resolution.
Passed, approved, and adopted this 15t' day of March 2021.
— ' , /" 6, 4 ZZ
Roy D. ol, Mayor
Attest:
'V, 424�
Adrienne N. Breitfelder, City Clerk
CERTIFICATE of the CITY CLERK
STATE OF IOWA
SS:
COUNTY OF DUBUQUE )
I, Adrienne N. Breitfelder, City Clerk, 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. 84-21 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 16thday of March 2021.
OF
.:�,. � � • '°Maa�"�`' � =dye � ,,,1..
Adrienne N. Breitfel er, City Clerk
Doc ID: 010703670002 Type: GWH
Kind: GROUNDWATER HAZARD
Recorded: 03/30/2021 at 02:35:49 PM
Fee Amt: $0.00 Paqe 1 of 2
Dubuque County Iowa
John Murphy Recorder
File2021-00000446
REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT
TO BE COMPLETED BY TRANSFEROR
TRANSFEROR:
Name City of Dubuque, Iowa
Address 50 West 13th Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
TRANSFEREE:
Name Affordable Housing Network, Inc.
Address 5400 Kirkwood Boulevard SW, Cedar Rapids, IA 52404
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
305-307 East 22nd Street, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) Lot 1 of the Subdivision of Lot 1 in Kemps
Subdivision in the City of Dubuque, Iowa, according tot e recorded plat thereof, subject to easements
o recor
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)
2021- 4890
5. Private Burial Site (check one)
There are no known private burial sites on this property.
_ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
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
T T IN F AT STATED ABOVE IS TRUE AND CORRECT.
Signature. Telephone No.: (563) 589-4381
rans eror or Agent)
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
RESIDENTIAL PURCHASE AGREEMENT
TO: City of Dubuque, a municipal corporation (SELLER)
The undersigned BUYER hereby offers to buy and the undersigned SELLER by its acceptance
agrees to sell tlie real property situated in Dubuque County, Iowa, locally known as 305 East 22"d Street,
Dubuque, lowa and legally described as :
Lot 1 of the Subdivision of Lot 1 of Kemps Subdivision in the City of Dubuque, Iowa, according
to the recorded plat thereof, subject to easements of reca•d
together with a�ry easemenYs and appw�tenant servient estates, but subject to any reasonable easements of
record for public utilities or roads, any zoning restrictions, restrictive covenants and mineral rese�vations
of record, if any, herein referred to as the " Property, " upou the following terms and conditions provided
BUYER, on possession, are permitted to use the Prope�ty for residential purposes.
1 . PURCHASE PRICE. The Purchase Price shall be $4, 171 . 18 and the method of payment shall
be as follows:
$0 . 00 with this offer as earnest money and the balance of the Purchase Price in cash at the time of
closing witl� adjustment for closing costs to be added or deducted from this amount. This Agreement
is not contingent upon BUYER obtaining such funds.
2 . REAL ESTAT� TAXES . A . SELLER shall pay all real estate taxes that are due and payable
as of the date of possession and constitute a lien against the Property, including any unpaid real estate
taxes for any prior years .
B . SELLER shall pay its prorated sliare, based upon the date of possession, of the real estate taxes
for the fiscal year in which possession is given (ending June 30, 2021 ) due and payable in the subsequent
fiscal year (commencing July l , 2021 ) .
BUYER shall be given a credit for such proration at closing based upon the last known actual net
real estate taxes payable according to public record. However, if such taxes are based upon a partial
assessment of the present property improvements or a changed tax classification as of the date of
possession, such proration shall be based on the current millage rate, the assessed value, legislative tax
rollbacks and real estate tax exemptions that will actually be applicable as shown by the Assessor's
Records on the date of possession .
C . BUYER sliall pay all subsequent real estate taxes .
3 . SPECIAL ASSESSMENTS .
A . SELLER shall pay in full all special assessments which are a lien on the Prope�Ty as of the
date of closing.
B . All charges for solid waste removal, sewage and maintenance that are attributable to
SELLER'S possession, including those for which assessments arise afrer closing, shall be paid by
S�LLER.
C . Any preliminary or deficiency assessment which cannot be discharged by payment shall be
paid by SELLER through an escrow account with sufficient funds to pay such liens when payable, with
any unused funds returned to SELLER.
D . BUYER shall pay all other special assessments .
4 . RISI< OF LOSS AND INSURANCE. SELLER shall bear the risk of loss or damage to the
Property prior to closing or possession, whichever first occurs . SELLER agrees to maintain existing
insurance and BUYER may purchase additional insurance . In the event of substantial damage or
desh uction prior to closing, this Agreement shall be null and void; provided, however, BUYER shall have
the option to complete the closing and receive insurance proceeds regardless of the extent of damages.
Tl�e propeity shall be deemed substantially damaged or destroyed if it cannot be restored to its present
condition on or before the closing date .
5 . POSSESSION AND CLOSING . If BUYER timely performs all obligations, possession of the
Property shall be delivered to BUYER on or befa�e March 22, 2021 and any adjustments of rent,
insurance, taxes, interest and all charges attributable to the SELLER'S possession shall be made as of tlie
date of possession . Closing shall occur after approval of title by BUYER'S attorney and vacation of the
Property by SELLER, but prior to possession by BUYER. SELLER agrees to permit BUYER to inspect
the Property within 0 hours prior to closing to assure that the premises are in the condition required by
this Agreement. If possession is given on a day other than closing, the parties shall make a separate
agreement with adjustments as of the date of possession . This transaction shall be considered closed upon
the filing of the title transfer documents to BUYER and receipt of all funds then due at closing from
BUYER under the Agreement.
6 . FIXTURES . Included with the Property shall be all fixtures that integrally belong to, are
specifically adapted to or are a pairt of the real estate, whether attached a• detached, such as: attached
wall-to-wall carpeting, built-in appliances, light fixtures (including light bulbs), water softeners (exeept
rentals), shutters, shades, rods, blinds, venetian blinds, awnings, storm windows, storm doors, screens,
television anYennas (including satellite dishes), air conditioniug equipment (except window type), door
chimes, automatic garage door openers, electrical service cables, attached mirrors, fencing, gates, attached
shelving, bushes, trees, shrubs and plants. Also included is aIl currently present at the property .
The following items shall not be included : N/A
7 . CONDITION OF PROPERTY.
A . The prope�rty as of tl�e date of this Agreement including buildings, grounds, and all
improvements will be prese�ved by the SELLER in its present condition until possession, ordinary wear
and tear excepted .
B . BUYER acknowledges that it has made a satisfacto�y inspection of the Property and is
purchasing the Property in its existing eondition, except that the City of Dubuque, lowa, will perform a
preliminary radon test. If mitigation of radon is necessary, then BUYER and SELLER will each pay one-
half of such radon mitigation costs .
8 . ABSTRACT AND TITLE. SELLER, at its expense, shall promptly obtain an abstract of tiUe
to the Property continued through the date of acceptance of this Agreement and deliver it to BUYER'S
attorney for examination . It shall show merchantable title in SELLER in conformity with this Agreement,
Iowa law, and Title Standards of the Iowa State Bar Association . The SELLER shall make every
reasonable effort to promptly perfect title. If closing is delayed due to SELLER' S inability to provide
marketable title, this Agreement shall continue in force and effect until either paity rescinds the
Agreement after giving ten days written notice to the other paity. The abstract shall become the property
of BUYER when the purchase price is paid in full . SELLER sliall pay the costs of any additional
abstracting and tiUe work due to auy act or omission of SELLER.
9 . SURVEY. BUYER may, at BUYER'S expense prior to closing, have the prope�ty surveyed
and certified by a Registered Land Surveyor. If the suivey shows any encroachment on the Property or if
any improvements located on the Property encroach on lands of others, the encroachments shall be treated
as a title defecl. N the survey is required u��der Chapter 354, SELLER shall pay the cost thereof.
10 . DEED. Upon payment of the pw'chase price, SELLER shall convey the Prope� ty to BUYER
by special warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in
this Agreement. General warranties of title shall extend to the time of deliveiy of the deed excepting liens
or encumbrances suffered or permitted by BUYER.
11 . USE OF PURCHASE PRICE. At time of settlement, funds of the purchase price may be
used to pay taxes and other liens and to acquire outstanding interests, if any, of others .
12 . REMEDIES OF THE PARTIES .
A . If BUYER fails to timely perform this Agreement, SELLER may forfeit it as provided in the
lowa Code, and all payments made shall be fa�feited; or, at SELLER'S option, upon thiity days written i
notice oF intention to accelerate the payment of the entire balance because of BUYGR'S default (during I
which thi�ly days the default is not corrected), SELLER may declare the entire balance immediately due
and payable . Thereafter this agreement may be foreclosed in equity and the Couit may appoint a receiver.
B . If SELLER fails to timely perform this Agreement, BUYER has the right to have all payments
made returned to it.
C. BUYER aud SELLER are also entitled to utilize any and all other remedies or actions at law or i
in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as I
permitted by law .
13 . NOTICE. Any notice under this Agreement shall be in writing and be deemed seived when
it is delivered by personal delivery or by certified mail retw•n receipt requested, addressed to the patties at
the address given below .
14 . CERTIFICATION . BUYER and SELLER each certify that they are not acting, directly or
indirectly, for or on behalf of any person, g�roup, entity or nation named by any Executive Order or the
United States Treasuiy Department as a tenrorist, "Specially Designated National and Blocked Persod' or
any ottier banned or blocl<ed person, entity, nation or transaction pursuant to any law, order, rule or
regulation that is enforced or administered by the Office of Foreign Assets Control; and are not eugaged
in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation . Each party
hereby agrees to defend, indemnify and hold harmless the other patty from and against any and all claims,
damages, losses, risks, liabilities and expenses (including attorney' s fees and costs) arising from or related
to my breach of the foregoing certificaYion .
15 . GENERAL PROVISIONS . In tlie performance of each part of this Agreement, time shall be
of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a
waiver of any existing or subsequent default. This Agreement shall apply Yo and bind the successors in
interest of tlie pa�ties . 1'his Agreement shall su�vive the cbsing. Paragraph headings are for convenience
of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall
be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to
the context.
16 . INSPECTION OF PR[VATE SEWAGE DISPOSAL SYSTEM . Seller represents and
warrants to Biryer that the Property is not se�ved by a private sewage disposal system, and there are no
known private sewage disposal sysYems on the prope�ty.
l7 . RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND REVIEW. Property
deeded herein is taken in "as-is" condition with no guaranties or warranties express or implied.
18 . TENANTS . The Property is free and clear of any occupants, and no patty has a lease to or
other occupancy or conU�act right in the Prope� ty which shall be in any way binding upon the Property.
Seller shall hold harmless and indemnify the Buyer for and against any claims, which may arise or be
based upon any alleged leasehold interest, tenancy, or other right of occupancy or use for any portion of
the Property . This covenant shall survive the closing.
] 9 . NO REAL ESTATE AGENT OR BROKER. Neither party has used the services of a real
estate agent or broker in connection with this transaction . Eacl� party agrees to indemnify and save
harmless the other party from and against all claims, eosts, liabilities and expense ( including cou�t costs
and reasonable attorney' s fees) incurred by the other pairty as a result of a breach of this representation,
wliich shall sin•vive closing.
20 . ADDITIONAL PROVISIONS : This Agreement is subject to the final approval of the City
Council of the City of Dubuque, Iowa in its sole discretion . If the City Council of the City of Dubuque,
Iowa does not approve this Agreement, it shall become automatically void, and neither party shall be
bound by the terms and conditions set forth herein .
ACC�PTANCE. When accepted, this Agreement shail become a binding contract. If not
accepted and delivered to BUYER on or before February 18, 2021 , this Agreement shall be null and void
and all payments made shall be returned immediately to BUYER.
Aceepted Dated ��p= o �1
SELLER: BUYER:
City of Dubuque, a municipal corporation Afforda}s e Housing Networ <, c
By: By. �V /`/
illmore, C
Name:
Address : 5400 Kirkwood Blvd SW
Title: Cedar Rapids, IA 52404
Phone: 319-3 63 - I 403
Address : 50 West 13°i Street
Du6uque, IA 52001
Phone : 563 -583 -4113
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STATE OF IOWA SS:
DUBUQUE COUNTY
CERTIFICATE OF PUSLICATION
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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: � �
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03/OS/2021 �
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and for which the charge is 64.45 ��
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Subscribed to before me, a Notary Public in and for I
Dubuque County, Iowa, I�
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this Sth day of March, 2021 ;I
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Nota ublic in and for Dubuque ounty, Iowa.
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a�8„ ���wer�c, ��p� �
•� . Ca�rm�missi��n M'urmb�ar 19�9959
�:a� Mfly�omm,�.xp,DEC 1 i,20'2�2
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Ad text : CITY OF DUBUQUE, IOWA
OFFICIAL NOTICE �
PUBLIC NOTICE is hereby given that the City Council of the
City of Dubuque, Iowa, will hold a public hearing on the 15th
day of March, 2021, at 6:30 p.m. Due to the ongoing COVID-19
pandemic, the City Council will meet virtually through �
GoToMeeting. The official agenda will be posted on Friday, a
March 12, 2021 and will contain listening, viewing, and public �
input options. The City Council agenda can be accessed at �
https://cityofdubuque.novusagenda.com/AgendaPublic/or by �
contacting the City Clerk's Office at 563-589-4100, �
ctyclerk @ cityofdubuque.org.
At said meeting the City Council proposes to dispose of an
interest in th'e following described real property by sale to j
Affordable Housing Network, Inc., an Iowa non-profit �
corporation:
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Lot 1 of the Subdivision of Lot 1 in I£emps Subdivision in
the City of Dubuque, Iowa, according to the recarded plat
thereof, subject to easements of record '�
locally known as 305-307 East 22nd Street. !�
At the meeting, the City Council will receive oral and '
written comments from any resident or property owner of said �
City to the above action. Written comments regarding the
above public hearing may be submitted to the City Clerk's �
Office, City Hall, 50 W. 13th Street, Dubuque, IA 52001, ��
ctyclerkC�cityofdubuque.org on or before said time of public i�
hearing. I{,
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. To comply with social distancing mandates, �
documents can be viewed at �
https://www.cityofdubuque.org/Agendas or by contacting the ;
City Clerks Office at 563-589-4100.
Individuals with limited English proficiency, vision, i
hearing or speech impairments or requiring special assistance �,
should contact the City Clerk's Office at (563) 589-4100, �
TDD/TTY(563) 690-6678, ctyclerk@cityofdubuque.arg as soon as '
feasible. Deaf or hard-of-hearing individuals can use Relay
Iowa by dialing 711 or(800) 735-2942.
Published by order of the City Council given on the lst day
of March 2021.
Adrienne N. Breitfelder, City Clerk
lt 3/5
RESOLUTION NO. 57-21
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL
ESTATE TO AFFORDABLE HOUSING NETWORK, INC., SETTING A TIME AND
PLACE FOR HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE
THEREOF
WHEREAS, the City of Dubuque, Iowa(City) owns 305-307 East
22nd Street (the Property) legally described as:
Lot 1 of the Subdivision of Lot 1 in Kemps Subdivision in
the City of Dubuque, Iowa, according to the recorded plat
thereof, subject to easements of record; and
WHEREAS, City acquired the Property through the transfer of
ownership by Dubuques True North Corporation for the purpose
of its restoration and re-sale for owner-occupied housing; and
WHEREAS, Affordable Housing Network, Inc, will rehabilitate
the property and sell the property to an income qualified
family or manage the property for the benefit of low to
`moderate income households; and �
WHEREAS, by accepting the selected offer the City's
objectives of providing housing options for low to moderate
income households, rehabilitation of two vacated homes, and is
consistent with the City goal of creating opportunities for
affordable housing. I
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA:
Section l. That the City of Dubuque, Iowa, proposes to
dispose of its interest in the above described real estate to �
Affordable Housing Network, Inc. ��
Section 2. That the City Council shall conduct a public
hearing on the proposed disposition of real estate virtually
on the 15th day of March, 2021 beginning.at 6:30 p.m. '
Section 3. That the City Clerk be and is hereby authorized
and directed to publish notice of the public hearing in the
form attached hereto, according to law. �
Passed, approved and adopted this lst day of March, 2021. !�
Roy D. Buol, Mayor
Attest: Adrienne N. Breitfelder, City Clerk i
lt 3/5 �
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