Real Estate Broker Services for Listing City-Owned Land for Sale or Lease Copyrighted
April 19, 2021
City of Dubuque Consent Items # 10.
City Council Meeting
ITEM TITLE: Real Estate Broker Services for Listing City-Owned Land for Sale or
Lease
SUM MARY: City Manager recommending approval of two new listing agreements for
real estate broker services of Bob Felderman at General Bob Realty to
sell or lease City-owned land.
RESOLUTION Approving Listing Agreements for Real Estate Broker
Services between the City of Dubuque, lowa and General Bob Realty for
the sale or lease of City-owned properties
SUGGESTED Suggested Disposition: Receive and File;Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Real Estate Broker Services for Sale or Lease of City- City Manager Memo
Owned Properties-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Listing Agreement Supporting Documentation
Listing Agreement 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: Real Estate Broker Services for Listing City-Owned Land for Sale or
Lease
DATE: April 15, 2021
Economic Development Director Jill Connors recommends City Council approval of two
new listing agreements for real estate broker services of Bob Felderman at General Bob
Realty to sell or lease City-owned land. The two additional parcels are: (1) A vacant lot
on 5th Street in the Port of Dubuque and (2) a vacant lot on Chavenelle Road in the
Dubuque Industrial Center West.
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
Jill M. Connors, Economic Development Director
Dubuque Economic Development
Department
THE CITY OF � 1300 Main Street
All•America Eity Dubuque,lowa 52001-4763
�� � "h�N",`��nz�'��:�:��� Office(563)589-4393
1 I ��� TTY(563)690-6678
http://www.cityofd u bu q ue.org
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TO: Michael C. Van Milligen, City Manager
FROM: Jill M. Connors, Economic Development Director
SUBJECT: Real Estate Broker Services for Listing City-Owned Land for Sale or
Lease
DATE: April 7, 2021
INTRODUCTION
This memorandum presents for City Council approval two new listing agreements for
real estate broker services of Bob Felderman at General Bob Realty to sell or lease
City-owned land.
BACKGROUND
On May 6, 2019, the City Council approved the use of real estate broker services in
exchange for a fee for any successful lease or sale transaction of City-owned
properties. In March of 2020, staff drafted an RFP, created maps of the identified City
parcels to market, and discussed reasonable fees for brokerage services based on
customary rates in the industry.
Sixteen parcels are currently being offered for sale or lease. Bob Felderman at General
Bob Realty previously developed listing contracts that include the RFP, maps, and fee
structure. Felderman advertises the identified properties on a national database and
bring offers to the City for sale or lease. All offers are to be brought to City Council for
approval.
The properties currently being marketed are: 5th and Adams Street, 10 S. Main Street,
Hawthorne Street, E. 16'" Street— E. Sycamore Street, E. 16t" Street— E. of Highway
61/151, Port of Dubuque — E. of Bell Street and North of 3rd Street, South Port W. of
Water Street— S. of Jones Street, South Port E. of Terminal — N. of Dodge Street (3.49
acres), South Port E. of Terminal — N. of Dodge Street (4.08 acres), South Port W. of
Terminal — E. of Railyard, Tech Park S. of Digital Dr. at Lake Elanor, Tech park S. of
Digital Dr. — E. of Highway 61/151, and Tech Park along E. of Digital Dr. at Data Dr.
As Seller's Agent, Felderman receives a commission of 0.5% of the sale/lease price on
a parcel, with the Buyer/Tenant Agent receiving a commission of 3.0%. If Felderman
also represents the Buyer/Tenant, he would receive a total commission of 3.5% of the
sale/lease price.
DISCUSSION
In addition to the sixteen parcels currently being marketed, staff wish to include two
additional parcels: (1) A vacant lot on 5th Street in the Port of Dubuque and (2) a vacant
lot on Chavenelle Road in the Dubuque Industrial Center West. The listings and maps
of the parcels which are being offered are attached.
These additional parcels would be marketed under the same terms and conditions as
the previous agreements for continued real estate broker services of General Bob
Realty.
RECOMMENDATION/ ACTION STEP
I recommend adopting the attached resolution approving the two new listings for real
estate broker services of General Bob Realty to sell or lease City-owned land.
2
Prepared by: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113
Return to: Barry A. Lindahl, Esq. 300 Main Street Suite 330, Dubuque IA 52001 563 583-4113
RESOLUTION NO. 115-21
APPROVING LISTING AGREEMENTS FOR REAL ESTATE BROKER SERVICES
BETWEEN THE CITY OF DUBUQUE, IOWA AND GENERAL BOB REALTY FOR THE
SALE OR LEASE OF CITY -OWNED PROPERTIES
Whereas, the City of Dubuque owns the real estate described in the attached list
(the Properties); and
Whereas, the City Council has previously approved Listing Contract with General
Bob Realty to provide broker services to the City for the sale or lease of the Properties on
the terms and conditions set forth in the attached Listing Contracts; and
Whereas, the City Council desires to add two new Listing Contracts attached hereto for
two new properties;
Whereas, the City Council finds that it would be in the best interests of the City of
Dubuque to approve the new Listing Contracts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. The Listing Contracts are hereby approved.
Section 2. The City Manager is authorized to take such actions as are
necessary to offer the Properties for sale or lease, all such sales or leases being subject
to approval of the City Council as required by law.
Passed, approved and adopted this 19t" day of April, 2021.
Roy D. Bt, il, Mayor
ATTEST:
Adrienne N. Breitfelder, City`Clerk
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�_INLS —
OROtlVNIIY Ec►aR i�
LISTING CONTRACT 1 of 2 Pages
(EXCLUSIVE RIGHT TO SELL)
This Listine Contract is to be used only for properties to be tiled��ith ECIMLS,��hose members are subject to the Bylaws and Rules K
Re�ulations of ECIMLS.[nc.and the Byla��5 of the East Central lo�ca Association of REALTORS�,Inc.
ElCLUSIVE RIGHT TO SELL LISTING CONTRACT
For and in consideration of the mutual aQreements contained herein,the undersigned Seller and Broker/Agent agree,as follows:
(I)The Seller Ciry of Dubuque
hereby EXCLUSIVELY lists for sale oc exchange withGeneral Bob Realty
Brokerage
as sole and exclusive agent,the following described property:
5th Street at Ice Harbor Drive,Dubuque,IA 52001
Address City State ZIP
LeQally desCribed as, or parCel # Lot 2 Riverwalk 9th Addition,11-30-106-012
Seller warrants he/she has the le�al right to sell and convey the above described property.
(2) PriCe$9,846,910 Terms Cash or Per RFP(See attached Addenda)
(3) From04/02/2021 to 12/31/2021 inclusive, and give possession As Agreed in Writing
(4)Listing Broker/Agent a�rees to use his/her best efforts to sell said property both by Multiple Listin�and personal solicitation,and
a�rees to immediately forward this listing and any status changes/sales information to East Central Iowa Ntultiple Listin�Service, Inc.
which shall, in turn,forward the listing information to all members of the East Central Iowa Multiple Listing Service, Inc.at no costto
the Seller.
(� Seller agrees to pay said Broker a commission the greater of 3.5 %(percent)of the sale price or$ for
his/her services.The commission shall be payable whether the real estate is sold or eschanged by the Broker,a buyer a�ent,by the
Seller,or any other person during the period of this contract or any extension thereo£ In addition,Listing Broker is owed the
commission upon presentation of an offer to purchase with the terms specified herein or,an offer to purchase the terms of which are
acceptable to Seller.The commission shall also be paid if the property is sold,conveyed,or otherwise transferred within 365
days after the expiration of this contract or any e�ctension thereof to anyone with whom the Seller,Broker,any of Broker's agents,or
any Cooperating Broker negotiated,presented or personally exhibited by showing the property prior to final expiration,provided
Seller has received notice in writing,includin�the name and address of prospective purchasers,before expiration of this contract or
any ertension thereof. However, Seller shall not be oblitrated to pay the commission if a valid listinQ contract is entered into with
another licensed real estate broker durin�the term of said protection period and the sale, fease or exchan�e of the property is made
during the term of said protection period.
(6) If the Seller decides to offer same property for rent during the term of this contract,this contract shall also serve asan
EXCLUSIVE AGENCY RENTAL CONTRACT and Seller agrees to pay Broker a commission the greater of3.5% %(percent)of
the RENTAL price or$ for his/her services.The Seller agrees that this property will not be leased during the
term of this contract, unless the lease specifically provides that the property may be shown for sale at all reasonable hours.
('� Seller authorizes Broker to disburse part of the commission to other brokers,including a buyers' broker.The commission split is as
follo�vs: Cooperatin�Broker SALE3.0%/0.5% LEASE3.0%/0.5% for his/her services.
(8) Seller agrees to immediately refer to Broker all prospective purchasers or Brokers who contact Seller for any reason and to
provide Broker�vith their names and addresses.
(9)The Seller warrants and represents that no government agency has served any notice to Seller requiring repairs,alterations or
corrections of any existing conditions EkCEPT(if none state so)None
SELLER INITIALS_� SELLER IN[TIALS
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ECIAR 11 2 of 2 Pages
5th Street at Ice Harbor Drive, Dubuque, IA 52001
Address City State ZIP
(10) Seller agrees to provide a seller's disclosure or property condition report, lead based paint disclosure and radon disclosureif
required with the listing,unless exempt by law.(Required for residentill property one throu�h four units)
(11} Seller authorizes Listing Broker to use earnest funds forfeited by Buyer to pay transaction expenses(such as abstracting, legal fees
and/or inspection costs)prior to providin�balance of those funds to Seller. ,
(I�) Seller agrees to furnish buyer a warranty deed,or other deed deemed appropriate by buyer's attorney.
(13)Seller permits use of:Keys DYes�1Vo; Lockbox DYes�lo;Yard Si�n�Yes�[Vo; [nternet�1'es�10;
Interior photos/video❑Yes�10;
(l�4)Is there any audio/video surveillance ofthe property?DYes�10
(1�) Seller of real property is hereby informed that the Lockbox is not designed or intended as a security device. Seller isresponsible
for notifying any tenants accordingly.
Virtual Office�Vebsite(VO4V)—The following options are available if the Seller so desires.
Sefler: '
a. ❑advises Brokerage that Seller does not want the listed property to be displayed on any internet VO�V:or
b. ❑advises Brokerage that Seller does not want the address of the listed property to be displayed on any VO�V.
Seller understands and acknowledges that if option a. is selected,consumers who conduct searches for listings on
the VO�V will not see information about Seller's listed property in their search results.
(I6)List any personal property included with the sale of the real estate:
Land Only As Is,None unless written into offers.
(17)Remarks: Listing/Seller Agency commission is 0.5%of sale price(including any special funding or financing),and Buyer
Agency commission is 3.0%of the sale price.
(18) Other form(s)attached(please list)
(I9)Multiple Offers: Authorize listing agent to inform agents with competing offers that there are multiple offers gJYES�NO
NOTICE: Any notice required uncler this Contract shall be deemed delivered when it is received or provided either by hand I
delivery,facsimile,electronic communication or certified mail.
IF A PI:RCHASE/LEASE CO\TR.-1CT IS�CCEPTED�1'ITHI\THE PERIOD OF THE LISTI\G,THE TER�IS
OF TH[S LISTI\G CO\TRaCT SHALL RE�IAI\E\FORCE.aBLE THROL'GH SETTLE�[E\T.
REQCEST TO CO�IPLETE FORJI DOCC'�IE\TS Seller(s)request that Brolcer select prepare and
complete form documents as authorized by Io��a la�r or rule.(Iowa Supreme Court Rule 118A.3)
THIS PROPERTl IS OFFERED�VITHOC"T REGARD TO R.�CE,COLOR,CREED,SEX,AGE,RELIGIO\,nATIONaL ORIGI\,
�IE\TAL& PH1�S[CAL DIS.aB[LITI",GE\DER IDE\TITF,F.a�IILIAL ST.-�TL'"S OR SE�Li�L ORIE\TATIO\.IF THIS FOR�[IS
['SED FOR A\ILLI\OIS TRa\SaCT10\:IT I\CLC DES A\CESTRI�,aGE,�i.aRITAL STATUS,A\D A\1"OTHER CLaSS
PROTECTED Bl'ART(CLE 3 OF THE ILLI\OIS HU�IA\RIGHTS ACT.
THIS IS A LEGALLY BINDING CONTRACT.If not understood,consult with the law er of your choice.
Selle Date
Print NameCity of Dubuque
Seller Date
Pnnt Name Barry Lindahl,as Attorney for City of Dubuque
50 W.13th St,Dubuque,IA 52001
Address City State ZIP
Phone(563)583-4113 Seller e-mailbalesqCn�ciryofdubuque.org
Broker OfficeGeneral Bob Real�-�c� A�eRt SlaTl3tUre': obertFelderman 031I31/21 11�109 PM CDT
`y GNGB-LEBLCUUT-NNFV
OffiCe Phone(563)213-0398 Agent e-mail:RobertfeldermanCn�gmail.com
ECIAR 11 13/19 OO Copyright 2018 East Central towa Multiple Listing Service Inc. For Member Use Only
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���""s � � ECIAR 9 Page i of3 r�d�s
AGENCY/POLICY DISCLOSURE AND DUAL AGENCY POTENTIAL/CONSENT AGREEMENT
REQUIRED TO BL PROVIDED TO E�1CH PARTY IN A TRANSACTION
(Should be presented at earliest possible comenience-must be siQned by Seller or Bu}�er prior to making or revieN�ine an Ofter)
When}�ou enter into a discussion with a Brokerage(and their aftiliated real estate licensees)regardiue a real estate transaction,you should
understand ho« the Brokerage is representing each party in the transaction. More importantl�,you should understand ho�� that agenc}
relationship impacts your relationship�rith the licensee.The term"Broker"or"Brokerxge"shull hereinafter refer to: (Brokerage/firm)
General Bob Realty ,and Brokerabe's affiliated licensees(brokers and salespersons).
The term"Seller"shall hereinafter rcfer to seller,landlord or optionor.The term"Buyer"shall hereinlfter refer to bu��er,tenant or
optionee. .-�"Client" is a parh�to a transaction�vho has an agencJ agreement with a broker for brokerage services.A"Customer" means
a consumcr w ho is not being represented by�a Iicensee but for whom the licensec may perform ministerial acts.
A.Tl'PES OF AGE\Cl'REPRGSE\"tATIO\A\D THE POLICI'BROKERaGE�IAY EL�CT UND�R EACH.
Prior to Buyer or Seller gi��ing contidential iuformation the}�should understand a variet��of representation options exist in real estate transactions.
6�low are a lisY of represeutation options available and the policy Brokerage ma��elect in regard to each.Brokerage will provide a separate
Agreement establishiug which agency relationship is offered to Bin�er or Seller.
Brokerage has "checked" the appropriate bos(es)for the policy that applies to Brokerage:
�1.SELLER ACE\C1".Single Seller agencJ•exists��hen Brokerage and Seller enter into 1 real estate"Exclusive Listing AgreemenY 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.�gency,Broker does nut also represent the Bu��er in the transaction.
❑2.BLil'ER AGENCI'.Single Buyer Agency exists�vhen Brokerage and Buyer enter into a"Buyer Agency Agreement°and Brokerage or
an aftiliated licensee assist Bu��er in�vriting an offer to purchase property and the property�is listed with a dit7ere��t real estate compan}�or
offered b} owner. Brokerage and Broker's aftiliated licensees'polic} is to represent Buyer as a"Client"in this case. In this type of agenc�
representation Broker may receive compensation for the transaction fi�om the listing real estate company pursuant to a cooperatial agreement
bet��een the riao companies. In Single Buyer agency,Broker does not also represent the Seller in the transaction.
03.aPPOI\�TED/DESIG�aTED AGENCY.
a.Appointed/Designated Seller Agency exists when Brokeraee appoints/desiQnates an affiliated licensee,tlle listing agent to act on
Seller's(Client's)behalf to the exclusion of all otller aFfiliated licensees of Brokerage.
b.Appointed/Designated Buyer Agency exists���hen Brokerage appoints/designates an at�iliated licensee,the selling agent,to act on
Buyer's(ClieuYs)behalf to the exclusion of all other at�iliated licensees of Brokerage.
c.In the e�ent an�lppointed/Designated Licensee personall� represents both Seller and Buyer in the same transaction,that
appointed/Designated Agency is considered to be a Consensual Dual Agency(see 4.below).
��.COVSENSti.�L DU:�L:�GE�ICI".
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 Duai Agency.Under
this circumstance,before signing an offer to bu��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�a�ell as procedures to be followed.
b.When Brokerage and Bu}er enter into a'Bu}�er Agency AgreemenY',��hether 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 represe��t both the Seller and Buyer as a Consensual Dual Ageucy.Under this circumstance,before signing an ofter to
biry or accepting an offer to buy,please see the'Dual Agenc}�Consent Aareement" for detailed information as to the duties of
Birokerage to Seller and Buy�er,as well as procedures to be follo��ed.
c.Representing more than one party to a transaction cau create a conflict of iuterest since botl�"Clients°may rel}�on tl�e Licensee's
advice. Buyer and Seller are not required to consent to dual agency.
❑5. If not aL•eady�in a�vritten Agency Relationship witl�a brokerage,a person(s),parmersliip,or compan}�(bu}�ing or selling)may represent
themselves in a transaction.If a Buyer or Seller elects to represeut themselves in a transactioi�,it is the policy of Brokerage to treat that Buyer or
Seller as a"Customer"and not as a"ClienY'.''Clieuts''are responsible for commission��-hich ma} be o�ved as to the terms aud conditions of
previousiy a,reed contracts.Under this circumstance,before signing an offer to buy or accepting an offer to buy,please see the"Self
Representation Aareement"for detailed inYorn�ation as to the duties of Brokerage to Seller and Buyer,as well as procedures to be followed.
B.DL"TIES OF�1 RE.�L ESTATE LICE\SEE TO ALL P.�RT[ES TO THE TRa\SACTION.
In providing brokeraQe services to all parties to a transaction,"Client"and"Customer"alike,a(icensee(the Brokeraee and its broker associates
And salespersons).regardless of the type of�gency representation agreed to,shall do all of the follo��ing:
l.Provide brokeraQe services to all parties to the transaction honestly and in good faith.
2.Diligently esercise reasonable skill and care in pro�iding brokerage services to all parties.
3.Disclose to each party all material adverse facts(i.e.signiticant defects or neeative circumstances)that the licensee knows escept:
a.N(aterial adverse facts kno���m by tl�e part}�.
b.Material adverse facts the part} could disco�er through a reasonabl} diligent inspection and��hich would be disco�ered b} a reasonably
prudent person under like a•similar circumstances.
c.Material ad��erse facts the disclosure of��hich is prohibited by law.
d.hlaterial ad�erse facts that are kno��n to a person�cho conducts ai�inspection on behalf of the part}.
-4.Account for propert}�coming into the possession of a licensee that belon�s to any�party���ithin a reasonable time of receivinQ the property.
dotloop signature verification:a�lo�_r-/i nC1-6u5p-F�HR
aGENCY/POLICY DISCLOSt?RE A�D DU.1L AGG\�CY COV�SE\T.-�GRGEVIG\T(Continued) P��c 2 of3 Pages
C. D["TI�S OF A REAL�ST�TE LIC�\SEF.7�0.a CLIE\T.
A licensee pro��iding brokeiage ser��ices to a client,regardless of the type of ageucy represe�tation agreed to,shall do all of tlie following:
I .Placc thc clicnt's intcrests ahcad of thc intcrests oCan� othcr party,unlcss loyalty to a clicnt violatcs thc liccnscc's dutics undcr pro�isions
of tl�e[o�va Code(such as��vith Appointed Age��cy or Coi�sensual Dual Agency)or airy other applicable la���.
2.Disclose to the client all ii�formation l�io�vn by tlle licensee that is material to the transaction and that is not kno��n b��the client or could
not be disco��ered b}�the client thro�igh a reasonabl}�diligent inspection.
3.Fultill any obligation tl�at is�vithin the scope of this Ageucy Disclosure.except those obligations tl�at are incousistent with otl�er duties
that the licensee has wider the Real Estate Brokers and Salespersons provisions of the Iowa Code or any other law.
4.Keep their client(s)contidential information confidential wiless they have�vritten permission to reveal.
5.Disclose to a client an}�tinancial interests tlle licensee or the brokerage has ii�auy compauy or business entity to wilich tl�e 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 ma� select a different company.\OTE:Broker/Licensee(circle applicable)has a financial interest in or an affilia[e
relationship with the following companies or business entities:None
D.DESCRIPTIO�OF BROICER'S SER�'ICES.
Broker may do the follo�ing for Sellers and Buyeis:(1)Assist Biq�er with financin�qualification guidelines;(2)Provide helpful inFormation
about the propert}�aiid area;(3)Respond accurately to questions about the property;(4)Disclose all material facts about the property that are
kno��vn to Broker;(�)Disclose tinancial�ualitications of the B�ryer to the Sellec;(6)Explain real estate terms and procedures;(7)Explain to
Seller aud Buyer the benefits of having the properh�inspected;(8)Explain closuig costs and procedw•es;(9)Help the Seller and Buyer
compare financing altematives:(10)Provide intbnnation about comparable properties so Seller and Buyer ma}�make an intormed decision on
��hat price to accept and/or offer;(11)Assist witli all standard forms,includine those that include the necessary protection and disclosures for
the Seller a�id Buyer;and,(12)Work diligently to facilitate the sale and closine.(13)Keep their client(s)conhdential information contidential
unless Hie��have��vritten pennission to receaL The preceding list of services is not intended to be all inclusive,nor�vill 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 agenc��to,nor accepts sub agency from,other brokerxge companies.
E.GUIDELI\ES FOR SELLER�\'D BC'1"ER.
If you are the"Customer"in the transaction,you are advised not to disclose your negotiatine position about such things as�vhether you as
Seller would take less than the asking price,or you as Buyer are williilg to pa}�more than the price you offer.Except for information required
to be disclosed,if you as either a"Client"or a°Customer",have reason to believe any contidential information.such as your financial status,
motivation to sell or buy as well as other personal infonnation will adversely aftect your negotiating position,this should not be disclosed to
anyone.Each party to the transaction has the responsibility to protect their own interests.
ACI�NO��'LEDGE�IE\`T
The undersigned have read this disclosure and understand the type of representation��hich may be pro�ided by Broker.The undersigned
ackno�vledae 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}ou in any�vay. If you do not understand this document,seek the advice of the legal counsel of your
choice,before signing.This document is not a Buyer Broker or Listing Agreement.
Buye► ate Selle� ate
Buye� Date Selle ate
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Agent for BrOke ����""`zf' BBSq-4UFC-6RV7YBPZ Ds�IYC
REQUEST TO COMPLETE FORM DOCUMENTS
Buyer/Seller request that Broker select prepare and complete form documents as authorized by Iowa Law or Rule.
Buye ate Selle ��te
Buye Date Selle te
(
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Page 3 of 3 Pages
AGENCY/POLICI' DISCLOSURE AND DC�AL AGENCY POTENTIAL/CONSENT AGREEVIENT(Continueci)
DUAL AGENCY POTENTIAL/CONSENT AGREE�IENT (For in-house sho�vings/sales whe�� 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 conCdential information.)
1. DUAL AGENCY"POTENTIAL. Seller,or Buyer acknowledge that in order for(Broker/Agent)
Robert Felderman Listing(s)to be exposed to all Buyer clients of
Brokerabe,the potential for dual aaency exists. Seller or Buyer understand that, in the process of searchin�for all property
meeting the needs of Biryer, Buyer i��ay want detailed information about,and to possibly see properiy of Seller clients of
Brokerage,and therefore a potential for dual agency exists. Seller or Buyer acknowledges that when Brokerage presents
detailed information or sho�vs a Seller client's property to a Buyer client,that Brokerage is immediately a dual a�ent,
undertakina a Consens�ial Dual Agency representation.
Buyer (011agrees) (�lcloes not agree) to the Potential for Dual Agency representation
Seller (L�grees) (f�lloes not agree) to the Potential for Dual Agency representation.
Buye ate: Selle te:
Buye ate: Selle te:
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 5th Street at Ice Harbor Drive,Dubuque,IA 52001
Address City State: ZIP
1. The Seller and Buyer ackno�vlecige that Broher is undertaking a Consensual Dual Agency representation in the sale of
The above specific property. Seller and Biryer have previousiy been informed of the potential of a dual a;ency.
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 A�reement shall be deemed by all parties to have been terminated.Broker will then become the agent of
each, Seller aud Buyer,on the terms and conditious 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 cotiinsel.
Buyei ate: Selle
Buye ate: Selle
doUoop verified
Buyer Agen Selling Agen �����ta� �66G VKUY-F9CYnTM�UC
ECIAR 9 2/10 OO Copyright 2010 East Cei7tral Iowa Multiple Listing Service - For Member use Only
I
REQUEST FOR PROPOSALS (RFP)/OFFERS
FOR THE SALE OR LEASE OF CITY OF DUBUQUE REAL ESTATE
Port of Dubuque North Port
Parcel No. 1130106012
The City of Dubuque (City) hereby requests proposals for the sale or lease and
redevelopment of real estate currently owned by the City of Dubuque, while listed for sale
or lease with RJF Inc., dba General Bob Realty, Robert Felderman, (Broker).
I. Property Details.
The property is described in Attachment A and in the East Central lowa Multiple Listing
Service listing.
All information provided by City and/or Broker should be independently verified.
II. Terms and Conditions of Sale or Lease.
The sale or lease of a parcel will be subject to, but not limited to, the following conditions:
(1) Minimum Bid. City reserves the right to reject any proposal to purchase or
lease the parcel which does not meet the following minimum requirements
without further notice to the Bidder.
Sale or Lease
Commercial or retail
Rate $777,718/acre
12.66 acres
Sale $9,845,909
First year rent $1,181,509 plus annual COL adjustment
Maximum 25-year term
(2) Opportunity for Inspection. City will allow a Bidder/Buyer to enter the
property at the Bidder's/Buyer's own risk for the purposes of surveying, testing,
inspecting, or investigating the property to determine if the property is suitable for
the Bidder's/Buyer's purposes; provided, however, that the Bidder/Buyer must
execute a Site Access Agreement and coordinate access to the property with City
and/or Broker.
(2) Assumption of Responsibility for Inspection. The Bidder/Buyer will be
responsible for approving all inspections, investigations, tests, surveys and other
due diligence deemed necessary by the Bidder/Buyer in connection with the
acquisition of the property, and City and/or Broker shall assume no responsibility
to the Bidder/Buyer for the scope and approval of any such due diligence.
20210401 Addendum
(3) No Representations or Warranties from City and/or Broker. The
Bidder/Buyer must enter into an agreement with the intention of relying upon its
own investigation and review of the physical, environmental, economic use,
compliance, and legal conditions of the property and the Bidder/Buyer must I
acknowledge that it is not now relying, and will not later rely, upon any
representations and warranties made by City and/or Broker or anyone acting or I
claiming to act, by, through, under or on City and/or Broker behalf concerning the
property. The Bidder/Buyer will review, prior to entering into an agreement with
City, all items which in the Bidder's sole judgment affect or influence the Bidder's
acquisition and use of the Property. Accordingly, the City will only agree to sell the
Property in and on an "AS IS, WHERE IS, WITH ALL FAULTS" basis, and City
and/or Broker will make no representations or warranties of any kind whatsoever,
either express or implied, in connection with any matters with respect to the
property. The Bidder/Buyer must be willing to accept the title to the property on an
"AS IS" and "WHERE IS" basis, with all faults and subject to any and all latent and
patent defects, and, except as expressly set forth herein, without any
representation or warranty, all of which City and/or Broker hereby disclaims. No
warranty or representation will be made by City and/or Broker as to (a) fitness for
any particular purpose, (b) merchantability, (c) design, (d) quality, (e) condition, (f)
the operation of, or the income to be derived from, the property, (g) the feasibility
or advisability of the Bidder's proposed redevelopment of the property, (h) absence
of defects, (i) absence of hazardous or toxic substances, (j) absence of faults, (k)
flooding, (I) compliance with laws and regulations including, without limitation,
those relating to health, safety, and the environment, or (m) any other matter with
respect to the property except as expressly set forth herein. In particular, by way
of example but not of limitation, City and/or Broker will make no representations or
warranties with respect to: the suitability of the property for any and all
development activities and uses which the Bidder/Buyer may conduct thereon; the
use or condition of the property, including, without limitation, the condition of the
soiis or groundwater of the property and the presence or absence of asbestos,
lead-based paint, toxic materials or hazardous substances in, on or under the
property; compliance with applicable statutes, laws, codes, ordinances,
regulations or requirements relating to zoning, subdivision, planning, building, fire
safety, health or environmental matters; compliance with covenants, conditions
and restrictions, including deed restrictions; and compliance with other local,
municipal, regional, state or federal requirements or other statutes, laws, codes,
ordinances, regulations or requirements.
(4) Release of City from Liability for Property Condition. The Bidder/Buyer, for
itself and its agents, employees, affiliates, successors and assigns, must agree to
release and forever discharge City, its officers, and employees, from any and all
rights, claims and demands at law or in equity, whether known or unknown at the
time of the execution of an agreement, which the Bidder has or may have in the
future, arising out of the physical or environmental condition of the property,
including, without limitation, claims in tort or contract and claims for indemnification
or contribution arising under the Comprehensive Environmental Response,
2
Compensation, and Liability Act (42 U.S.C. Section 9601 , et seq.) or to the extent
allowable under any similar federai, state or local statute, rule or regulation now or
hereafter in effect. The foregoing release will be set forth in the deed from the City.
City reserves the right to impose other conditions on the sale or lease of the property.
III. Proposal or Purchase Offer Requirements.
Proposals or Purchase Offers should include the following items:
(1) Proposed purchase price;
(2) A description of the proposed use/reuse of the property;
(3) Redevelopment budget;
(4) Names, addresses, background, qualifications, experience and expertise of
the Bidder/Buyer/development team with similarly sized developments; I
(5) The name, address and telephone number of the contact person for the
Bidder; and
(6) Explanation of the Bidder's/Buyer's history of completing and maintaining
projects, including a minimum of two project references.
IV. Submission.
All Bidders/Buyers are encouraged to visit the property prior to submitting a proposal.
The property will be available for a walk-through inspection, by appointment only. Contact
the Listing Broker to coordinate with City (City of Dubuque Economic Development
Department at 563-589-4393) to schedule an appointment. In addition, all information
provided by City and/or Broker should be verified by the Bidder before a proposal is
submitted.
All proposals or purchase offers will be reviewed by City of Dubuque staff so a
recommendation may be made to the Dubuque City Council. All information submitted
may be used in the evaluation of a proposal.
Four copies of each proposal and/or purchase agreement should be submitted through
Broker to the Economic Development Department, addressed as follows:
Jill Connors
Economic Development Director
City Hall
50 West 13th Street
Dubuque IA 52001
3
RE: Response to Request or Proposals or Purchase Offers for the Sale or Lease
of Real Estate
City reserves the right: (1) to cancel this RFP and/or ECIAMLS Listing Agreement at any
time for any reason; (2) to accept or reject any and all proposals and (3) to request
additional information prior to or upon the final selection of a purchaser,�developer.
In its selection of a proposal, City reserves the right to negotiate with any or all Bidders
including without limitation by negotiating all or portions of different proposals or by
requesting additional offers from any or all Bidders, and to waive requirements of the RFP
if it is in the best interest of City to do so.
A proposal will be subject to finai approval by the City Council of the City of Dubuque of
a Development Agreement as required by law.
(
1
4
ATTACHMENT A
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PROPERTY DETAILS
Parcel ID j
1130106012
Property Address
E 5TH ST
DUBUQUE
Brief Tax Description
LOT 2 RIVERWALK 9TH ADDITION
6
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' ����«����* ECIAR 11
LISTING CONTRACT 1 ot' 2 Pages
(EXCLUSIVE RIGHT TO SELL)
This Listine Contract is to be used only tor properties to be filed��ith ECIMLS,��hose members are subject to the Bylaws and Rules R
Resulations of ECIMLS,Inc.and thc Byla��s of the East Central lo��a Association oY REALTORS k',hic.
E�CLUSIVE RIGHT TO SELL LISTING CONTRACT
For and in consideration of the mutual agreements contained herein,the undersigned Seller and Broker/A�ent agree,as follows:
(1)The Seller City of Dubuque
hereby EXCLUSIVELY lists for sale or exchange withGeneral Bob Realry
Brokerage
as sole and exclusive agent,the following described property:
Chavenelle Road at Seippel Road,Dubuque,IA 52002
Address City State ZIP
Legally desCribed as,or parCel# 10-30-301-002,Lot 3 Dubuque Industrial Center West Final Plat
Seller warrants he/she has the legal right to sell and convey the above described property.
(2) Price$780,000.00 Terms Cash,or per RFP(see attached addenda)
(3) From04/02/2021 to 12/31/2021 inclusive,and give possession As Agreed in Writing
(4)Listing Broher/Agent a�rees to use his/her best efforts to sell said property both by Multiple Listin�and personal solicitation,and
agrees to immediately forward this listing and any status changes/sales information to East Central Iowa Ntultiple Listing Service,Inc.
which shall,in turn,forward the listing information to all members of the East Central Iowa Multiple Listing Service,Inc.at no costto
the Seller.
(�� Seller agrees to pay said Broker a commission the Qreater of 3.5% %(percent)of the sale price or$ for
his/her services.The commission shall be payable whether the real estate is sold or eschanged by the Broker,a buyer agent,by the
Seller,or any other person during the period of this contract or any extension thereof. In addition,Listing Broker is owed the
commission upon presentation of an offer to purchase with the terms specified herein or,an offer to purchase the terms of which are
acceptable to Seller.The commission shal I also be paid if the property is sold,conveyed,or otherwise transferred within 365
days after the expiration of this contract or any extension thereof to anyone with whom the Seller,Broker,any of Broher's agents,or
any Cooperating Broker negotiated,presented or personally exhibited by showing the property prior to final expiration,provided
Seller has received notice in writing, includin�the name and address of prospective purchasers,before expiration of this contract or
any extension thereof.However, Seller shall not be obligated to pay the commission if a valid listing contract is entered into with
another licensed real estate broher during the term of said protection period and the sale, lease or exchan;e of the property is made
during the term of said protection period.
(6) If the Seller decides to offer same property for rent during the term of this contract,this contract shall also serve asan
EXCLUSIVE AGENCY RENTAL CONTRACT and Seller agrees to pay Broker a commission the greater of3.5 %(percent)of
the RENTAL price or$ for his/her services.The Se(ler agrees that this property will not be leased during the
term of this contract,unless the lease specifically provides that the property may be shown for sale at all reasonable hours.
(� Seller authorizes Broker to disburse part of the commission to other brokers,including a buyers' broker.The commission split is as
follows:Cooperating Broker SALE3.0%/0.5% LEASE3A%/0.5% for his/her services.
(8) Seller agrees to immediately refer to Broker all prospective purchasers or Brokers who contact Seller for any reason and to
provide Broker with their names and addresses.
(9)The Seller warrants and represents that no government agency has served any notice to Seller requirin�repairs,alterations or
corrections of any existing conditions E�CEPT(if none state so)none
SELLER INITIALS�_ SELLER INITIALS
dotloopsignatureverification:do'o_usjXbFn-SDuZ-vb9h
ECIAR 11 2 of 2 Pages
Chavenelle Road at Seippel Road,Dubuque, IA 52002
Address City State ZIP
(10) Seller agrees to provide a sellers disclosure or property condition report, lead based paint disclosure and radon disclosureif
required with the listin�,unless exempt by law.(Required for residential property one throu�h four units)
(i l) Seller authorizes Listing Broker to use earnest funds forfeited by Buyer to pay transaction expenses(such as abstracting,le�al fees
and/or inspection costs)prior to providing balance of those funds to Seller.
(��) Seller agrees to furnish buyer a warranty deed,or other deed deemed appropriate by buyer's attorney.
(13)Seller permits use of:Keys�l'es�1o; Lockbox❑Yes�to;Yard Sign�Yes�1a Internet�Yes 0[�Io;
Interior photos/video 01'es�Io;
(14)Is there any audio/video surveillance of the property?DYes�i Io
(1�) Seller of real property is hereby inforn�ed that the Lockbox is not desi�ned or intended as a security device. Seller is responsible
for notifying any tenants accordingly.
Virtual O�ce�Vebsite(VO�V)—The followin�options are availab(e if the Seller so desires.
Seller:
a. ❑advises Brokera�e that Seller does not�vant the iisted property to be displayed on any internet VO�V:or
b. ❑advises BroheraQe that Seller does not�vant the address of the listed property to be displayed on any VOGV.
Seller understands and acknowledQes that if option a. is selected,consumers who conduct searches for listings on
the VO�V�vill not see information about Seller's listed property in their search results.
(l 6)List any persona] property included with the sale of the real estate None unless written into oEfers.
(17)Remarks: Listing/Seller Agency commission is 0.5%of the sale price(including any special funding or financing),and Buyer
Agency commission is 3.0%of the sale price.
(18) Other form(s)attached(please list)
(19)Nlultiple Offers: Authorize listin�aQent to inform agents with competin;offers that there are multiple offers �YES�NO
NOTICE: Any notice required under this Contract shall be deemed delivered when it is received or provided either by hand
delivery,facsimile,electronic communication or certi�ed mail.
IF.�PL-RCH.�SE/LE.aSE CO\TRaCT IS ACCEPTED�1'ITHI\THE PERIOD OF THE LISTI\G,THE TER�IS
OF THIS LISTI\G CO\TR�CT SHALL REMAI\E\FORCEABL�THROUGH SETTLE�IE\T.
REQLCEST TO CO�IPLETE E'OR�I DOCL'�IE\TS Seller(s)request that Broker select prepare and
complete form documents as authorized by Iowa la�� or rule.(Iowa Supreme Court Rule 118A.3)
THIS PROPERTI"IS OFFERED��'ITHOC'T REG.aRD TO RaCE,COLOR,CREED,SEY,AGE,RELIGIO\,N,aTIO\.aL ORIGI\,
�IENTAL&PHl"SIC:1L DIS.�B[LITI',GE\DER IDE\TITI",FA�[ILI.aL STATI S OR SEXt"AL ORIE\TATIO\.IF THIS FORJI IS
USED FOR A\ILLI\OIS TRa�SaCTtOv: IT I\CLI'DES.�\CESTRI`,AGE,�IaRITAL STaTI?S,A\D AN1 OTHER CLaSS
PROTECTED BY aRTICLE 3 OF THE ILLI�OIS Hl:�t�\RICHTS ACT.
THIS IS A LEGALLY BINDING CONTRACT. If not understood consult with the lawyer of your choice.
Selle Date
Print NameCity of Dubuque
Selle Date I
Print Name Barry Lindahl,as Attorney for City of Dubuque
50 W. 13th St,Dubuque, IA 52001
Address City State ZIP
Phone(563)583-4113 Seller e-mailbalesq@cityofdubuque.org
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BrokerOffiCeGeneralBobRealty AQeRtSl�18tUCe: obertFelderman osisiiu�i:zsaMco I
SRRD-FOUY-3ZRZ-HMXT �
Office Phone(563)213-0398 A�ent e-ntaiLRobertfelderman@gmail.com I
EC[AR 11 13/19 �OCopyrieht 2013 East Central to��a�iuhiple ListinQ Service Inc. For N(ember Use Onlv
dotloop signa[ure verification:dr'�p•,i�i3EAK-NWs[-V7vx
���""s � Q ECIAR 9 Page i of3 r�d�s
AGENCY/POLICY DISCLOSURE AND DUAL AGENCY POTENTIAL/CONSENT AGREEMENT
REQUIRED TO BG PROVIDED TO EACH PARTY IN A"TRANSACTION
(ShoulJ be presented at earliest possible com enience-mus[be si�ned by Seller or Biryer prior to makin�or revie��ine an Offer)
Whe����ou enter into a discussimi with a Brokeraee(and their aftiliated real estate licensees)reearding a real estate transactio��,you should
understand ho�v the Brokerage is representing each party in the transactiou.More importantl��,}�ou should understand how that agenc}�
relationship impacts your relationsliip��ith the licensee.The term"Broker"or"Brokerage"shall hereinafter refer to: (Brol:erage/firm)
General Bob Realty ,ancl 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 bu��er,tenant or
optionee. .a"Clicnt" is a party to a transaction��ho has an agency agrcement with�broker for brokerage services.A"Customer" means
a consumer who is not being represented b}�a licensee but for whom the licensee may perform ministerial acts.
A.T1'PES OF AGE�CI'REPRESENTAI'IO\A\D THE POL[CI'BROKEI2.aGE�IA�"GLECT l'ND�R EACH.
Prior to Buyer or Seller gi��ing contidential information the}�should understand a variet}�of representation options esist in real estate transactions.
Belo�v are a list of representatiou options available and the policy Brokerage ma��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 bos(es)for the policy that applies to Brokerage:
�1.SELLER AGE�Cl'.Single Seller.-lgenc} exists��hen Brokerage and Seller enter into a real estate"Exclusive Listii�g AgreemenP and the
property is sold to a"Customer"of a different real estate company.Brokerage and Broker's affiliated licensees'polic� is to represent the Seller as
a°Client"in this case. In Single Seller.agency,Broker does not also represent the Buyer in the transaction.
❑2.BI�I"GR AGE\CI".Single Bu��er Agency exists�vhen Brokernge and Buyer enter into a"Buyer Agency Agreement"and Brokerage or
an attiliated licensee assist Bu}�er in w�•itina an offer to purchase property a�id flle property is listed��ith a different real estate compan}�or
offered by o��ner.Brokerage and Broker's affiliated liceusees'polic� is to represent Buyer as a"Client"in this case.In this type of agency
representation Broker may receive compensation for the transaction Fi•om the listing real estate company pursuant to a cooperation agreement
beriveen the t��o companies. In Single Buyer Agency,Broker does not also represent the Seller in the transaction.
�3.APPO[\TED/DESIG�.aTED AGE\CY.
a.appointed/Designated Seller Agency exists�vhen Brokeraee appoints/desianates an affiliated licensee,the listing agent_to act o❑
Seller's(Clieut's)behalFto the exclusion of all otlier affiliated licensees of Brokerage.
b.Appointed/Designated Buyer Agency exists���hen Brokerage appoints/designates an affiliated licensee,the selling agent,to act on
Buyer's(Clienf s)behalf to the exclusion of all other at�iliated licensees of BrokeraQe.
c. In the e�ent an.�ppointed/Designated Licensee personall� represents both Seller and Buyer in the same transaction,that
appointed/Designated Agency is considered to be a Consensual Dual Agency(see 4.below).
��.CO\SENSL`.�L DL".�L�GEVC�".
a.When Brokeraoe(or an Appointed Seller or Buyer Agent,as defined in 3a.and 3b.abo��e)both lists and sells the property,it is the
policy of Brokerage and Brokerage's aftifiated salespersons to represent both Seller and Buyer as a Consensual Dual Agency.Under
this circumstance,before signin�an offer to buy or accepting an offer to buy,please see the'Dual Agency Consent Agreement"for
detailed information as ro the duties of Brokerage to Seller and Buyer,as well as procedures to be follo�ved.
b.When Brokerage and Buyer enter into a'Bu}�er Agency Agreement",��hether exclusice or non-exclusive,and Brokerage or an
affiliated sllesperson assist Buyer in�riting an offer to purchase property and flie property is also listed with Brokerage,it is tlie policy
of Brokerage to represent both the Seller and Buyer as a Consensual Dual Agency.Under this circumstance,before signing an offer to
buy or accepting an offer to bin�,please see the'Dual Agenc} Consent Aareement"tbr detailed information as to the duties of
Brokerage to Seller and Buyer,as�aell as procedures to be tollo��ved. �
c.Representing more than one party to a transactioii 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.
Q�. if not already in a�vritten AQency Relationship�vitl�a brokerage,a person(s),partnership,or compan��(bu}�ing or selling)may represent
themselves in a transaction. If a Buyer or Seller elects to represent themselves in a transaction,it is tlte policy of Brokerage to treat that Buyer or
Seller as a"Customer"and not as a"Client"."Clieuts-'are respoi�sible for commissioi���hich ma}�be o��ed as to the terms aud conditions of
previously agreed contracts.Under this circumstance,before siguing an ofter to buy or accepting an otfer to buy,please see tlle"Self
Representation AQreement"for detailed information as to the duties of Brokerage to Seller a��d Bu}er,as�vell as procedures to be f'ollo�a-ed.
B.DI'TIES OF.�REAL ESTATE LICE�SEE TO ALL P.aRT[ES TO THE TRa\SACTIO\.
In pro��iding brokerage ser��ices to afl parties to a transaction,"Client"and"Customer"alike,a licensee(the Brokerage and its broker associates
And salespersons).regardless of the type of agencv representation agreed to,shall do all of the following:
1.Provide brokeraee services ro all parties to the transaction honestly and in good faith.
2.Diligently exercise reasonable skill and care in providing brokerage sen ices to all parties.
3.Disclose to each part� all material ad��crse facts(i.e.signiticant defects or neQative circumstancesj that the licensee knows escept:
a.Material adverse facts la�o���n by the part}�.
b.Nlaterial adverse facts the party could disco�er througll a reasonaba diligent inspection and��liich would be discovered b} a reasonably
prudent person under like or similar circtimstances.
c.Material ad��erse facts the disclosure of which is prohibited by la�v.
d.Nlaterial adverse facts th�t are knoHn to a person�cho conducts an inspection on behalf of the party.
�3.Account for property coming into the possession of a licensee that belongs to any party�a'ithin a reasonable time of receiving the property.
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.aGG�CI'/POLICY DISCLOSLRE A\D Dl.-1L AGENCI'CO\SE\T.�GREE��IE\T(Continued) Pagc 2 of3 Pages
C. DL�TIES OF A RE:�L ESTATG LIC�\SEE 7'O.a CLIE\T.
A licensee pro�iding brokerage ser�ices to a client,regardless of the h pe of agency representation agreed to,shall do all of the following:
1 .Placc thc clicnCs intcrests ahcad of thc intcrests of an}�othcr parly,mllcss lo��alty to a clicnt violatcs thc liccnscc's dutics undcr provisions
ofthe[owa Code(such as���ith Appointed AQency or Conseusual Dual Aeency)or any�otlier applicable la���.
2.Disclose to the client all iuformation known by the licensee that is material to the transaction and that is uot kno«n bv tl�e client or could
not be disco��ered b}�the client through a reasonably diligent inspection.
3.Fultill any oblieatiou that is�vithin the scope of this Ageucy Disclosure.except tl�ose obligations that are incousistent���itli other duties
that the licensee h�s under the Real Estate Brokers and Salespersons provisions of the Iowa Code or any other law.
d. Keep their client(s)contidential information contidential w�less they have written permission to reveal.
5.Disdose to a client an} tinanciaf interests the licensee or the brokerage has in any company or business entity to�riiich 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.1nd ma} select a different company.\OTE: Broker/Licensee(circle applicable)has a financial interest in or an affiliate
relationship with the following companies or business entities:none
D.DESCRIPTIO\OF BROI�ER'S SER�'ICES.
Broker may do the follo���ing for Sellers and Buyers:(1)Assist Buyer with finaucing qualification guidelines;(2)Provide helpfiil iuFormation
about the propertt�and area:(3)Respond accurately to questions about the property;(4)Disclose a(]material tacts about the property that are
known to Broker:(�)Disclose financial qualifications of the Buyer ro tl�e Seller:(6)Explain real estate terms and proced��res;(7)Explai�to
Seller and Buyer the benefits of having the propei�tv iuspected;(8)Explain closing costs and procedw•es;(9)Help the Seller and Biryer
compare Yinancing alternatives;(10)Provide infonnation about comparable properties so Seller and Buyer ma}�make an inFormed decision on
��iiat price to accept and/or offer;(1 l)Assist with all standard Yorms. including those that include the necessary protection and disclosures for
the Seller and Buyer:and,(12)Work diligently to facilitate the sale and closing.(13)Keep their clieiit(s)confidential information coutidential
unless the}�have��ritten permission to reveal.Tl�e precediug list ofservices is uot intended to be all iuclusive,nor�vill all services listed be
necessar� in every case. Licensees are not required to answer questions outside of the scope of their real estate license.NOTE:Broker neither
offers sub ugenc} to,nor accepts sub agency from,other brokerage companies.
E.GUID�LI�ES FOR SGLLER;a\D BC'1"ER.
If you are the"Customer"in the transaction.you are advised not to disclose your negotiatina position about such things as��hether you as
Seller��rould take less than the askina price,or qou as Buyer are willing to pa� more than the price you otfer.Except for information required
to be disclosed, if you as either a"Client"or a"Customer",have reason to believe any conYidential information,such as your financial status,
motivation to sell or buy as well as other persona]infonnatioi��vill adversely affect your negotiatiug position,this should not be disclosed to
anyone.Each party to the transaction has the responsibility to protect their own interests.
ACI��10�1"LEDGEVIENT
The imdersigned have read this disclosure and understand the type of representation��hich may be provided by Broker.The widersigned
ackno�vledae receipt of a copy of this agency disclosure.This is not a contract; rather it is intended to be onh�a disclosure notice.Signing
of Che disclosure does not oblieate you in auy�vay. Ifyou do not imderstand this document,seek the advice of the legal coimsel of your
choice.before signing.This document is not a Buyer Broker or Listing Agreement.
Buyei ate Selle� ate
Buye Date Sellei ate
�/ ,r� doHoop verified
�ppp��j`�GULPJLyLllsfi 03/3121 7120 PM CDT
Agent for Broke AHJT-WODU-PNLY-ZMZZ Date
REQUEST TO COMPLETE FORM DOCUMENTS
Buyer/Seller request that Broker select prepare and complete form documents as authorized by Iowa Law or Rule.
Buye ate Selle ate
Buye Date Selle te
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doUoop slgnature venficaaon:d�'r,.,,r?EAK-��Ws[-V1vz
Page 3 of 3 P�ges
AGENCY'/POLIC�'DISCLOSURE AND DUAL AGENCI' POTENTIAL/CONSENT AGREEIVIENT(Continuecl)
DU�L AGENCY POTENTIAL/CONSENT AGREE�IENT (For•in-house showings/sales when Seller&Buyer ai•e"clients")
F. DUAL AGENCY POTENTIAL shoulcl be completecl 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/,4gent)
Robert Felderman Listing(s)to be exposed to al( 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 B�ryer, Buyer may want detailed information about, and to possibly seP property of Seller clients of
Brokera;e,and therefore a potential for dual agency exists. Seller or Buyer acknowledges that when Brokerage presents
detailed i��formation or shows a Seller client's property to a Buyer client,that Brokerage is immediately a dual agent,
undertakina a Consensual Dual AQency representation.
Buyer((011agrees) (�ldoes not agree) to the Potential for Dual Agency repcesentation
Seller(l�agrees) (I�loes not agree)to the Potential for Dual Agency representation. I
Buye ate: Selle te:
Buye ate: Selle te:
If Srokerage 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 Dubuque,IA 52002 I
Address City State: ZIP
1. The Seller and Buyer ackno�vledge that Broker is lmdertaking 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 a�reement 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 A�reement shall be deemed by all parties to have been terminated.Broker will then become the a�ent of
each, Seller and Buyer,on tl�e terms and conditions previously agreed upon.
I(we)have read and wlderstand this agreement and acknowledge receipt of a copy.Buyer and Seller are each encouraged to consult
with their own legal counsel.
Buyei ate: Selle
Buye ate: Selle
/�� dotlaop verified
y b /��OE�1k��LR✓Ii 03BU21 1120 PM CDT
BU CP E� en Se��IRb Agen fN/70-251V-ACWH-2A60
ECIAR 9 2/10 �O Copyright 2010 East Centcal Iowa Multiple Listing Service - For Member use Only
(
REQUEST FOR PROPOSALS (RFP)/OFFERS
FOR THE SALE OR LEASE OF CITY OF DUBUQUE REAL ESTATE
DICW
Parcel No. 1030301002
The City of Dubuque (City) hereby requests proposals for the sale or lease and
redevelopment of real estate currently owned by the City of Dubuque, while listed for sale
or lease with RJF Inc., dba General Bob Realty, Robert Felderman, (Broker).
I. Property Details.
The property is described in Attachment A and in the East Central lowa Multiple Listing
Service listing.
All information provided by City and/or Broker should be independently verified.
II. Terms and Conditions of Sale or Lease.
The sale or lease of a parcel will be subject to, but not limited to, the following conditions:
(1) Minimum Bid. City reserves the right to reject any proposal to purchase or
lease the parcel which does not meet the following minimum requirements without
further notice to the Bidder.
Sale or Lease
Commercial or retail services for DICW properties
Rate $120,000/acre
6.5 acres
Sale $780,000
First year rent $93,600 plus annual COL adjustment
Maximum 25-year term
(2) Opportunity for Inspection. City will allow a Bidder/Buyer to enter the
property at the Bidder's/Buyer's own risk for the purposes of surveying, testing,
inspecting, or investigating the property to determine if the property is suitable for
the Bidder's/Buyer's purposes; provided, however, that the Bidder/Buyer must
execute a Site Access Agreement and coordinate access to the property with City
and/or Broker.
(3) Assumption of Responsibility for Inspection. The Bidder/Buyer will be
responsible for approving all inspections, investigations, tests, surveys and other
due diligence deemed necessary by the Bidder/Buyer in connection with the
acquisition of the property, and City and/or Broker shall assume no responsibility
to the Bidder/Buyer for the scope and approval of any such due diligence.
acknowledge that it is not now relying, and will not later rely, upon any
representations and warranties made by City and/or Broker or anyone acting or
clairning to act, by, through, under or on City and/or Broker behalf concerning the
property. The Bidder/Buyer will review, prior to entering into an agreement with
City, all items which in the Bidder's sole judgment affect or influence the Bidder's
acquisition and use of the Property. Accordingly, the City will only agree to sell the
Property in and on an "AS IS, WHERE IS, WITH ALL FAULTS" basis, and City
and/or aroker wil� make i�o iepiese��iaiic�ns or w�rranti�s oT any kind whaisoever,
either express or implied, in connection with any matters with respect to the
property. The Bidder/Buyer must be willing to accept the title to the property on an
"AS IS" and "WHERE IS" basis, with all faults and subject to any and all latent and
patent defects, and, except as expressly set forth herein, without any
representation or warranty, all of which City and/or Broker hereby disclaims. No
warranty or representation will be made by City and/or Broker as to (a) fitness for
any particular purpose, (b) merchantability, (c) design, (d) quality, (e) condition, (f)
the operation of, or the income to be derived from, the property, (g) the feasibility
or advisability of the Bidder's proposed redevelopment of the property, (h) absence
of defects, (i) absence of hazardous or toxic substances, (j) absence of faults, (k)
flooding, (I) compliance with laws and regulations including, without limitation,
those relating to health, safety, and the environment, or (m) any other matter with
respect to the property except as expressly set forth herein. In particular, by way
of example but not of limitation, City and/or Broker will make no representations or
warranties with respect to: the suitability of the property for any and all
development activities and uses which the Bidder/Buyer may conduct thereon; the
use or condition of the property, including, without limitation, the condition of the
soils or groundwater of the property and the presence or absence of asbestos,
lead-based paint, toxic materials or hazardous substances in, on or under the
property; compliance with applicable statutes, laws, codes, ordinances,
regulations or requirements relating to zoning, subdivision, planning, building, fire
safety, health or environmental matters; compliance with covenants, conditions
and restrictions, including deed restrictions; and compliance with other local,
municipal, regional, state or federal requirements or other statutes, laws, codes,
ordinances, regulations or requirements.
(5) Release of City from Liability for Property Condition. The Bidder/Buyer, for
itself and its agents, employees, affiliates, successors and assigns, must agree to
release and forever discharge City, its officers, and employees, from any and all
rights, claims and demands at law or in equity, whether known or unknown at the
time of the execution of an agreement, which the Bidder has or may have in the
future, arising out of the physical or environmental condition of the property,
including, without limitation, claims in tort or contract and claims for indemnification
or contribution arising under the Comprehensive Environmental Response,
Compensation, and Liability Act (42 U.S.C. Section 9601, et seq.) or to the extent
allowable under any similar federal, state or local statute, rule or regulation now or
hereafter in effect. The foregoing release will be set forth in the deed from the City.
City reserves the right to impose other conditions on the sale or lease of the property.
III. Proposal or Purchase Offer Requirements.
Proposals or Purchase Offers should include the foilowing items:
(1) �roposed purchase price;
(2) A description of the proposed use/reuse of the property;
I
(3) Redevelopment budget;
(4) Names, addresses, background, qualifications, experience and expertise of
the Bidder/Buyer/development team with similarly sized developments; I
(5) The name, address and telephone number of the contact person for the
Bidder; and
(6) Explanation of the Bidder's/Buyer's history of completing and maintaining
projects, including a minimum of two project references.
IV. Submission.
All Bidders/Buyers are encouraged to visit the property prior to submitting a proposal. The
property will be available for a walk-through inspection, by appointment only. Contact the
Listing Broker to coordinate with City (City of Dubuque Economic Development
Department at 563-589-4393) to schedule an appointment. In addition, all information
provided by City and/or Broker should be verified by the Bidder before a proposal is
submitted.
All proposals or purchase offers will be reviewed by City of Dubuque staff so a
recommendation may be made to the Dubuque City Council. All information submitted
may be used in the evaluation of a proposal.
Four copies of each proposal and/or purchase agreement should be submitted through
Broker to the Economic Development Department, addressed as follows:
Jill Connors
Economic Development Director City Hall
50 West 13th Street
Dubuque, IA 52001
RE: Response to Request or Proposals or Purchase Offers for the Sale or Lease
of Real Estate
1
City reserves the right: (1) to cancel this RFP and/or ECIAMLS Listing Agreement at any
time for any reason; (2) to accept or reject any and all proposals and (3) to request
additional information prior to or upon the final selection of a purchaser/developer.
In its selection of a proposal, City reserves the right to negotiate with any or all Bidders
including without limitation by negotiating all or portions of different proposals or by
requesting additional offers from any or all Bidders, and to waive requirements of the RFP
if it is in the best interest of City to do so.
A proposal will be subject to final approval by the City Council of the City of Dubuque of
a Development Agreement as required by law.
(
I
ATTACHMENT A
1
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PROPERTY DETAILS
Parcel No.
1030301002
Property Address
CHAVENELLE RD
Dubuque, IA 52001
Brief Tax Description
LOT 3 DUBUQUE INDUSTRIAL CENTER WEST FINAL PLAT