Sale of City-Owned Property at 2243 Central Avenue_Hearing Copyrig hted
March 15, 2021
City of Dubuque Public Hearings # 2.
City Council Meeting
ITEM TITLE: Sale of City-Owned Property at 2243 Central Avenue
SUM MARY: Proof of publication on notice of public hearing to consider City Council
approval of a Purchase Agreement and Special Warranty Deed for the
sale of City-owned real property located at 2243 Central Avenue to Tyler
and Michelle Ede for$160,000, 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
2243 Central Avenue Sale-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Special Warranty Deed Supporting Documentation
Purchase Packet of Information 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 2243 Central Avenue
DATE: March 8, 2021
Housing and Community Development Director Alexis Steger requests City Council
approval of a Purchase Agreement and Special Warranty Deed for the sale of City-
owned real property located at 2243 Central Avenue to Tyler and Michelle Ede for
$160,000. A $25,000, 0% interest 35-year term loan will be made available to the buyer
to assist with down payment, closing costs, other related costs, or simply by reducing
the 1 st mortgage. Financing to Tyler and Michelle Ede will be provided through a first
mortgage from an area lender.
The property at 2243 Central Avenue had been a problem property and in substandard
condition since August 2015 for exterior repairs. The owner was unable to make the
required repairs and was issued a Municipal Infraction (MI) in February 2016. The
owner continued to make repairs best he could. He also tried to sell the property with
no success. The distressed property was referred to Rehab Staff. Due to the owner
wanting to keep the property a rental and for financial feasibility convert to a duplex, a
rehabilitation loan was not an option.
To support and facilitate this rehabilitation and marketing effort for encouraging
continued owner-occupied properties, the City purchased the property. The
Rehabilitation Staff stripped the property to the studs and rehabbed it to the City's
adopted Rehabilitation Standards and the State Historic Preservation Office. As
rehabilitation is complete, the property is ready to be sold.
This property was identified to have great potential to rehabilitate and sell it to an
income-qualifying household under 80% median income.
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
Cori Burbach, Assistant City Manager
Alexis M. Steger, Housing and Community Development Director
2
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 2243 Central Avenue
DATE: March 3, 2021
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 2243 Central Avenue to Tyler and Michelle Ede.
Backqround
The property at 2243 Central Avenue had been a problem property and in substandard
condition since August 2015 for exterior repairs. The owner was unable to make the
required repairs and was issued a Municipal Infraction (MI) in February 2016. The
owner continued to make repairs best he could. He also tried to sell the property with
no success. The distressed property was referred to Rehab Staff. Due to the owner
wanting to keep the property a rental and for financial feasibility convert to a duplex, a
rehabilitation loan was not an option.
To support and facilitate this rehabilitation and marketing effort for encouraging
continued owner-occupied properties, the City purchased the property. The
Rehabilitation staff stripped the property to the studs and rehabbed it to the City's
adopted Rehabilitation Standards and the State Historic Preservation Office. As
rehabilitation is complete, the property is ready to be sold.
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. This property
is located in the new Washington Neighborhood targeted area. It offers increased
housing choice for an income qualified buyer using CDBG funds, as cited in the
Voluntary Compliance Agreement (VCA) findings.
An offer has been made by Tyler and Michelle Ede to purchase the property at 2243
Central Avenue for$160,000. A $25,000, 0% interest 35-year term 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. Revenue from the sale of this property will go
back to the original funding source which is Community Development Block Grant
(CDBG) 26061300-54104.
Financing to Tyler and Michelle Ede be provided through a first mortgage from an area
lender.
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 2243 Central Avenue.
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. 85-21
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2243 CENTRAL
AVENUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 58-21, dated March 1, 2021,
declared its intent to dispose of City interest in real property located at 2243 Central
Avenue, legally described as:
Lot 6 in Tivoli Addition in the City of Dubuque, Iowa, according to the
recorded plat thereof,
(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. 6 th
Street, Dubuque, Iowa; and
Whereas, it is the determination of the City Council that approval of the purchase
agreement for the sale to Tyler and Michelle Ede 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
Tyler and Michelle Ede 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 Tyler
and Michelle Ede.
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 15th day of March 2021.
Roy Buol, Mayor
Attest:
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Adrienne N. Breitfelder, City Clerk
Doc ID: 010715130007 Type: GEN
Kind: DEED WITH RESOLUTION
Recorded: 04/14/2021 at 02:37:34 PM
Fee Amt: $42.00 Page 1 of 7
Revenue Tax: $0.00
Dubuque Countv Iowa
John Murphy Recorder
File2021-00005938
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:
Tyler J. and Michelle L. Ede
2243 Central Avenue
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 Tyler J.
and Michelle L. Ede, husband and wife, the following legally described real estate situated
in the County of Dubuque, State of Iowa, to wit (the Property):
Lot 6 in Tivoli 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. 85-21 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 DUBUQUE IOWA
By:
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Roy D. uol, Mayor
500
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GQ City C ler k
Attest:
By: / I,
Adrienne N. Breitfelder, City Clerk
STATE OF IOWA
SS
COUNTY OF DUBUQUE )
On this day of , 2021, 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.
Notary Pu4ic iXSfin(yfor Dubuque Wunty, Iowa
KERRY JO BRADLEY
iK Commission Number 808090
My Commission Expires
,oW December 26, 2023
2
Prepared by Alexis Steger, Housing & Community Devel., 350 W. 6'h St., Suite 312, (563) 690-6072
'Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO.58-21
INTENT TO DISPOSE OF AN INTEREST IN CITY OF DUBUQUE REAL ESTATE TO
TYLER AND MICHELLE EDE SETTING A TIME AND PLACE FOR HEARING, AND
PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa (City) owns 2243 Central Avenue (the
Property) legally described as:
Lot 6 in Tivoli Addition in the City of Dubuque, Iowa, according to the
recorded plat thereof;
and
WHEREAS, City acquired the 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 Tyler and Michelle
Ede; and
WHEREAS, by accepting the selected offer the City's objectives of providing
homeownership to an income qualified buyer and rehabilitation of a vacated home can be
realized and is consistent with the City goal of creating opportunities for affordable home
ownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to dispose of its interest in
the above -described real estate to Tyler and Michelle Ede for the sum of $160,000.
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 1st day of March, 2021.
GV.
Roy D. Bug -Mayor
ATTEST:
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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. 58-21 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.
4�6 //
O' &4dP4-"7
Adrienne N. Breitfelder, City Clerk
Prepared by: Kris Neyen, 350 W. 01 Street, Dubuque IA 52001 563 589-4239
Return to: Kris Neyen, 350 W. 01 Street, Dubuque IA 52001 563 589-4239
RESOLUTION NO. 85-21
DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 2243 CENTRAL
AVENUE, IN THE CITY OF DUBUQUE, IOWA
Whereas, the City Council, by Resolution No. 58-21, dated March 1, 2021,
declared its intent to dispose of City interest in real property located at 2243 Central
Avenue, legally described as:
Lot 6 in Tivoli Addition in the City of Dubuque, Iowa, according to the
recorded plat thereof,
(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 Tyler and Michelle Ede 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
Tyler and Michelle Ede 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 Tyler
and Michelle Ede.
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 151 day of March 2021.
s x,�
Roy V. Buol, Mayor
Attest:
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. 85-21 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.
Adrienne N. Breitfelder, City Clerk
Doc ID: 010715140002 Type: GWH
Kind: GROUNDWATER HAZARD
Recorded: 04/14/2021 at 02:37:54 PM
Fee Amt: $0.00 Paqe 1 of 2
Dubuque County Iowa
John Murphy Recorder
File2021-00000544
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 Tyler J. and Michelle L. Ede
Address 2243 Central Avenue, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Address of Property Transferred:
2243 Central Avenue, Dubuque, IA 52001
Number and Street or RR City, Town or P.O. State Zip
Legal Description of Property: (Attach if necessary) Lot 6 in Tivoli 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)
2o2i-5a38
5. Private Burial Site (check one)
There are no known private burial sites on this property.
_ There is a private burial site on this property. The location(s) of the site(s) and known
identifying information of the decedent(s) is stated below or on an attached separate sheet, as
necessary.
6. Private Sewage Disposal System (check one)
All buildings on this property are served by a public or semi-public sewage disposal system.
_ This transaction does not involve the transfer of any building which has or is required by 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 FORMATIO ATED ABOVE IS TRUE AND CORRECT.
Signature: -----Telephone No.: (563) 589-4381
tans e r or gen
FILE WITH RECORDER DNR form 542-0960 (July 18, 2012)
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���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)
Tony Regan-Remax Advantage Realty ,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.
0 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.
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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:
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.
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O DSFA-CCXX-491X-FION
REQUEST TO COMPLETE FORM DOCUMENTS
Buyer/Seller request that Broker select prepare and complete form documents as authorized by Iowa Law or Rule.
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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)
Tony Regan-Remax Advantage 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 (�agrees) (8does not agree) to the Potential for Dual Agency representation.
Seller (�agrees) (�does not agree) to the Potential for Dual Agency representation
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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 2243 Central ave,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.
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Buyer Agen O DLNW-iRTB-OYMM-XIKG Seller Agent O NH4M-Z3ZD-JPBX-NPTX
ECIAR 9 2/10 �O Copyright 2010 East Central Iowa Multiple Listing Service - For Member use Only
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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 02/19/2021
AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION
L This document is prepared by:Tony Regan 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(Alexis Steger) (herein designated as SELLER)
Seller Names
14. The undersignedTyler Ede (herein designated as BUYER)
Buyer names
15. Hereby propose to purchase your property known as:2243 Central ave Dubuque
Address City
16. IA,52001 Parcel#(s)_624129028
State ZIP
17.and agrees to pay you the sum of:One Thousand S�ty Dollars
18. $160,000 as follows: $500 earnest money to be held in trust by(select one) � Listing Broker,
19. or, ❑ other--------------- .Earnest money shall be
20. increased to$--------- within 3 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. $0 TOWARD BUYERS CLOSING COSTS AND PREPAID ITEMS.
26. OTHER TERMS/CONTINGENCIES NOri2
27.The Purchase Price is be paid as follows (Check the Appropriate Box(s))
28. � CASH to be paid on settlement date. This offer is not contingent upon Buyer obtaining financing. Seller has
29. right to receive immediate verification of funds. ❑Seller ❑ Buyer is responsible for settlement fee.
30.Terms as follows:
31. � FINANCING This contract is contingent upon the Buyer obtaining a written commitment for financing with
32. terms as provided in lines 39-41 of this contract.
33. �Conventional �ConventionalInsured
34. � FHA �VA
35. � Land Contract(terms as follows)
36. �OTHER
37. If Buyer provides written proof Buyer is unable to obtain financing,this contract is terminated and earnest
38. money returned.
39.DOWNPAYMENT 3 _(%)percent(or)$_ INTEREST RATE not to exceed:7 %per annum
40.TERM OF MORTGAGE/LOAN 30 years. DATE FOR FINANCING CONTINGENCY RELEASE: ,Or
41.Within 30 days afterAccepted Offer .
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
BUYER INITIAL o�iZZi�� INITIAL� SELLER INITIAL o Z� INITIAL�
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Page 2 of 4 Pages
PROPERTY2243 Central ave,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:04/01/2021 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 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 ozizziz� INITIAL� SELLER INITIAL ozizziz� INITIAL�
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Page 3 of 4 Pages
PROPERTY 2243 Central ave,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 ozizza� INITIAL� SELLER INITIAL o z� INITIAL�
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Page 4 of 4 Pages
PROPERTY2243 Central ave,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 5 �a.m.or�p.m.Date:02/22/2021 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 Tony Regan at 8 �a.m.ar�p.m. Date:02/19/2021
176.The fore oin offer is check one : �ACCEPTED �RE ECTED �COUNTERED
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(Buycr's Signaturc) DATE: (Sc11cr's Signaturc) DATE
Tyler Ede Kris Neyen
Print namc hcrc Print namc hcrc
(Buyer's Signalure) DATE: (Seller's Signalure) DATE
(Print namc hcrc) (Print namc hcrc)
Address PHONE Address PHONE
City State ZIP Ciry State ZIP
tylerjede@gmail.com
E-mail FAX E-mail FAX
Tony Regan Remax Tony Regan Remax
(Buyer's Agent) Office (Seller's Agent) Oftice
Buyer Attorney Name:
ECIAR 1/18 OO Copyright 2018 East Central Iowa Multiple Listing Service for Member Use Only
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�I M�s � � ECIAR 6
ADDENDUM TO PURCHASE CONTRACT
(ATTACHED TO PURCHASE CONTRACT)
Seller:
Buyer:
Address of Property Bcing Purchascd:
Address City State ZIP
Date of Offer for Real Estate:
the undersigned Buyer and Seller hereby agree to the following:_
The herein agreement,upon its execution by both parties,is herewith made an integral part of the
aforementioned Purchase Contract.All other contract terms are to remain the same.
Buyer Seller
0 oop ven ie
BUyOI' �' ozrzzizi�o:�annn �0110Y
csr
Agent gent
ECIAR 6 07/10 Copyright OO 2010 East Central Iowa Multiple Listing Services, Inc.For Member use Only
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Personal Property Sale Agreement
The undersigned Seller(s) In consideration of the sum
of one dollar($1), or , and other valuable consideration including the convenience of both parties, do
hereby sell, assign,transfer and set over unto the undersigned Buyer(s)Tyler Ede
the following described Personal Property,which will be transferred in"as is" condition,with no warranties:
(herein"Personal Property").
The Personal Property is now located at:
. (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.
Buyer Seller
Buyer Seller
ECIAR 24 1/18 �O Copyright 2018 East Central Iowa Multiple Listing Service Inc. For Member Use Only
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PORr�� ECIAR 7
INSPECTION ADDENDUM Page 1 of 3 Pages
RE: PURCHASE CONTRACT,dated 02/19/2021 by and between the undersigned Buyer and Seller concerning the
real estate commonly known as:
2243 Central ave,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 oz,��,z, INITIAL� SELLER INITIAL oz,��,z, 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.Within days after_
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 days after_
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 2243 Central ave,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 oZ,ZZ,Z, INITIAL� SELLER INITIAL aZ,Z2,Z, INITIAL�
10:14 AM 6T 727 PM 6T
dotloop verified dotloop verified
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INSPECTION ADDENDUM PAGE 3 ECIAR 7 Page 3 of 3 Pages
PROPERTY ADDRESS 2243 Central ave,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 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 oz,ZZ,z, INITIAL� SELLER INITIAL o Z, INITIAL�
10:14 AM CST 7:27 PM CST
dotloop verified dotlaop 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 dotloop verified
02/2221 10:14 AM CST Q��,�p p� 02/22/21 727 PM CST
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Age]�]t �O SPZR-YLXK-JULL-DV9F a,te AgP,]�] �O IPXR-BRBW-AIKW-N2VU ate
ECIAR 7 1/20 �O Copyright 2020 East Central Iowa Multiple Listing Service For Member Use Only
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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: �{
,�
�3
03/OS/2021 'I�
i
and for which the charge is 63.05 ��
'�
<����G i� u
�
Subscribed to before me, a Notary Public in nd for II
�
Dubuque County, Iowa, i�
this 5th day of March, 2021 �
�.
'i
Not ry Public in and for Dubuqu County, Iowa. �
�
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�—�......�..s.m I
��A'b.�n tIANET�K. E�/�IaE I
x��,= Comm�mi.�slo�n FJumb��r 75�5869
,�„„ �ly Comrn, E.xp, DEC 11,202,2
Ad text : CITY OF DUBUQUE, IOWA ,
OFFICIAL NOTICE
PUBLIC NOTICE is hereby given that the City Council of the �
City of Dubuque, Iowa, will hold a public hearing on the 15th
day of 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,
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 the following described real property by sale to �
Tyler and Michelle Ede:
Lot 6 in Tivoli Addition in the City of Dubuque, Iowa,
according to the recorded plat thereof, subject to easements i
of record �� �
locally known as 2243 Central Avenue.
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,
ctyclerk@cityofdubuque.org on or before said time of public �
hearing. if
Copies of supporting documents for the public hearings are
on file in the City Clerk's Office. To comply with social '
distancing mandates, documents can be viewed at ;
https://www.cityofdubuque.arg/Agendas or by contacting the j
City Clerk's Office at 563-589-4100. V
Any visual or hearing impaired persons needing special
assistance or persons with special accessibility needs should
contact the City Cierk's Office at (563) 589-4100 or TTY (563)
556-9948 at least 48 hours prior to the meeting.
Individuals with limited English proficiency, vision, �
hearing or speech impairments or requiring special assistance '
should contact the City Clerk's Office at (563)589-4100,
TDD/TTY(563)690-6678, ctyclerk@cityofdubuque.org as soon as
feasible. Deaf or hard-of-hearing individuals can use Relay
Iowa by dialing 711 or(800) 735-2942:
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. 58-21
INTENT TO DISPOSE OF AN IIVTEREST IN CITY OF DUBUQUE REAL
ESTATE TO TYLER AND MICHELLE EDE SETTING A TIME AND PLACE FOR
HEARING, AND PROVIDING FOR THE PUBLICATION OF NOTICE THEREOF
WHEREAS, the City of Dubuque, Iowa(City)owns 2243 Central
Avenue (the Property)legally described as:
Lot 6 in Tivoli Addition in the City of Dubuque, Iowa,
according to the recorded plat thereof;
and
WHEREAS, City acquired the 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 Tyler and Michelle Ede; and �
WHEREAS, by accepting the selected offer the Citys
objectives of providing homeownership to an income qualified
buyer and rehabilitation of a vacated home can be realized and
is consistent with the City goal of creating opportunities for
affordable home ownership.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE �
CITY OF DUBUQUE, IOWA:
Section 1. That the City of Dubuque, Iowa, proposes to
dispose of its interest in the above-described real estate to
Tyler and Michelle Ede for the sum of$160,000.
Section 2. That the City Council shall conduct a public '
hearing on the proposed disposition of real estate virtually i
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
lt 3/5
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