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Property Acquisition_1513 Washington Street_RichardTHE CITY OF DUB UE MEMORANDUM Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ. ASSISTANT CITY ATTORNEY To: Ken TeKippe Finance Director DATE: December 10, 2014 RE: 1513 Washington Street — Roger Richard We have closed on the above -referenced property. Attached please find: 1. The original Closing Statement. 2. A copy of the check payable to Roger Richard for $50,356.73. 3. A copy of the check payable to Dubuque County Treasurer for $1,670.78 (tax sale amount due). I delivered the check to the Treasurer and have attached the original receipt. 4. A copy of the check payable to Dubuque County Treasurer for $36.39 (special assessment). I delivered the check to the Treasurer and have attached the original receipt. 5. A copy of the check payable to Dubuque County Treasurer for $806.48 (taxes). I delivered the check to the Treasurer and have attached the original receipt. 6. A copy of the check payable to Kintzinger Law Firm PLC for $1,137.00. I delivered the check to the law firm. 7. A copy of the check payable to Dubuque County Abstract & Title for $200.00. I delivered the check to the abstract company. 8. A copy of the check payable to Dubuque County Recorder for $89.60. I delivered the check to the Recorder. The warranty deed, groundwater hazard statement, and declaration of value were filed with the Dubuque County Recorder. The City Clerk's Office will be billed for these documents. If you need further information, please let me know. Thank you. cc: Kevin Firnstahl, City Clerk Alvin Nash, Housing & Community Development Director Closing Statement 1513 Washington Street December 10, 2014 Roger D. Richard 1543 Washington Street Dubuque, IA 52001 Purchase Price $56,145.00 Dubuque County Treasurer - Taxes for January 1 - June 30, 2014 Taxes for July 1 - December 10, 2014 Total Dubuque County Recorder Transfer Tax Liens: (Checks at Closing) Kintzinger Law Firm (Roger Richard Request to pay from proceeds, Invoice Attached) Dubuque County Treasurer (Utility Assessment) Dubuque County Treasurer (Tax Sale 12-0493) Dubuque County Abstract & Title Company City of Dubuque (1513 Washington Utility Account --Journal Entry) City of Dubuque (1543 Washington Utility Account --Journal Entry) City of Dubuque (1543 Washington Past Due Rehab Loan --Journal Entry) City of Dubuque (1598 Washington Street Closing Deficit ---Journal Entry) Total Deductions (426.00) (380.48) (806.48) (806.48) ($89.60) ($89.60) ($1,137.00) ($36.39) ($1,670.78) ($200.00) ($61.71) ($311.74) ($315.20) ($1,159.37) ($5,788.27) ($5,788.27) Owner Check: $50,356.73 Roger D. Richard I have reviewed the Closing Statement and agree to the above disbursements. 11'1, • 1'f Dated Roger DtRichard CITY OF DUBUQUE CHECK NO 422345 AMOUNT 50,356.73 VENDOR 5493 ROGER D RICHARD CHECK DATE 12/10/14 Activity/Project Account Purchase Order Invoice No Amount Description 3601595 73111 00145204 PROP ACQ. 50,356.73 1513 WASHINGTON CLO TOTAL 50,356.73 422345 VH018 a 2 BOO2I Masterpiece on the Mississippi City Hall 50 West 13th Street Dubuque, Iowa 52001. DUBUQUE BANK & TRUST CO DUBUQUE, IOWA PAY FIFTY THOUSAND, THREE HUNDRED FIFTY SIX DOLLARS & 73 CENTS TO THE ORDER OF 111'111I'IIII111111I1'III1I111111II'IIl111"III'IIIII'IIIIIIII'Ii ROGER D RICHARD 1543 WASHINGTON ST DUBUQUE IA 52001-4928 45-53 739 Check No. 422345 Date 12/10/14 Amount 50,356.73 Authorized Signature II'i, 2234511' 1:0 7 3900 5 3 51: 00 013 20 (12/09/2014) Jennifer Griffin - Re: 1513 Washington Street, Tax sale: 12-0493 Page 1 1 From: "Randy Wedewer" <rwedewer@dbeco.org> To: "Crenna Brumwell" <Cbrumwel@cityofdubuque.org> Date: 12/05/2014 9:00 AM Subject: Re: 1513 Washington Street, Tax sale: 12-0493 Crenna, the tax sale amount due is $1670.78. There is a special assessment for $36.39 and the 3-31-15 tax due is $426.00. Original Message From: "Crenna Brumwell" <Cbrumwel@cityofdubuque.org> To: "Randy Wedewer" <rwedewer@dbeco.org> Sent: Wednesday, December 03, 2014 4:27 PM Subject: 1513 Washington Street, Tax sale: 12-0493 If this tax sale were paid off next Wednesday: December 10th, how much would be owed? Thanks, cb Crenna M. Brumwell Assistant City Attorney Harbor View Place, Suite 330 300 Main Street Dubuque, IA 52001-6944 Ph: 563-589-4381 Fax: 563-583-1040 cbrumwel@cityofdubuque.org This message has been scanned for malware by Websense. www.websense.com Click https://www.mailcontrol.com/sr/h1 D2501ehjrGX2PQPOmvUvm1dA89nuwIMBXnKDI! Kel 84KBWA2KNdnA xZ2W68nKGFIIMNK3Y9!iJRcENOpaP7A== to report this email as spam. CITY OF DUBUQUE CHECK NO 422229 AMOUNT 1,670.78 VENDOR 1691 DUBUQUE COUNTY TREASURER CHECK DATE 12/10/14 Activity/Project Account Purchase Order Invoice No Amount Description 3601595 73111 00145202 12-0493 1 1,670.78 1513 WASH TAX SALE ZZZZ TOTAL 1,670.78 422229 0 c CO c 0 c m 0 0 c z THE CITY OF City Hall 1I1)ij 1 50 West 13th Street L Dubuque, Iowa 52001• Masterpiece on the Mississippi DUBUQUE BANK & TRUST CO DUBUQUE, IOWA PAY ONE THOUSAND, SIX HUNDRED SEVENTY DOLLARS & 78 CENTS TO THE ORDER OF IIIiiIui111"11111ui11111 11111111111111111111111111111I'I DUBUQUE COUNTY TREASURER 720 CENTRAL AVE DUBUQUE IA 52001-7061 45-53 739 Check No. 422229 Date 12/10/14 Amount 1,670.78 Authorized Signature i Ii 2222510 I:07390053El: 00 0 L 3 211' Certificate of Redemption From Tax Sale Treasurer, Dubuque County, IA, State of Iowa Certificate Number: 12-0493 Parcel Number: 1024281016 Taxed To: RICHARD, ROGER 1543 WASHINGTON STREET DUBUQUE, IA 52001 Tax District: Property Class: DUBUQUE CITY - DBQ COMM Residential Totals: Date Tax Sale Total Number of Months Interest (2%) Total 6/18/2012 $336.75 31 $209.00 $545.75 Subsequent Tax Sheet: Date Tax Number of Months Interest (2%) Total 11/15/2013 $72.78 14 $20.00 $92.78 5/16/2014 $444.00 8 $71.00 $515.00 11/17/2014 $58.25 2 $2.00 $60.25 11/17/2014 $439.00 2 $18.00 $457.00 Totals: $1,014.03 $111.00 $1,125.03 Total Interest Earned: $320.00 Serving Notice $0.00 Total To Redeem: $1,670.78 1, Eric Stierman, Treasurer of Dubuque County, IA, Iowa do hereby certify that the land herein described, sold for the delinquent taxes on June 18, 2012, and subsequently assigned to (Not Assigned) has been redeemed by city of dubuque by the payment to the Treasurer in the amount of $1,670.78, which includes all redemption fees. ERIC STIERMA DUBUQUE COUNTY TREASUREK December 10, 2014 Eric Stierman, Treasurer, Dubuque County, IA Iowa Redemption: Treasurers check # issued (date) To: ACC 4/DUTRAC PO BOX 762 DUBUQUE IA 520040762 In the amount of $ Investor Date Paid: Treasurer CITY OF DUBUQUE CHECK NO 422230 AMOUNT 36.39 VENDOR 1691 DUBUQUE COUNTY TREASURER CHECK DATE 12/10/14 Activity/Project Account Purchase Order Invoice No Amount Description 3601595 73111 00145199 ASSESSMENTS 36.39 1513 WASHINGTON/RIC ZZZZ TOTAL 36.39 422230 0 c m c 0 c m 0 c z THE CITY OF DUB E Masterpiece an the Mississippi City Hall 50 West 13th Street Dubuque, Iowa 52001 PAY THIRTY SIX DOLLARS & 39 CENTS TO THE ORDER OF DUBUQUE BANK& TRUST CO DUBUQUE, IOWA 11111111111111111111'1111"1111111111111"1111111I1111111iIiI DUBUQUE COUNTY TREASURER 720 CENTRAL AVE DUBUQUE IA 52001-7061 45-53 739 Check No. 422230 Date 12/10/14 Amount 36.39 Authorized Signature 1131 ��'I, 222300 1:0739005351: 00 0 3 211' DATE . 12/10/2014 10:36 AM OPER : 03 TKBY : Treasurer +urer 3 T DR4 f 4+ : '+ 4k _ R;EC t R00147015 100 Tax filer qoxer• 1707 17 Parcel: 102428101_6 nP.•U-'j Hal Owner: k1L N +r DOPER Redeemed Certificate GxtldLGjto 12-04.'43 t.y3 12-0493 - 20 10 Tax Sal. 37.6.75 Int 20M0 12-0493 _;jaL Subsequent 7r•nU Int 20.00 1 2_ 493 -. 2012 Sur• lumt 444.00 J,e� "1: �+I,IL1ey_ah:iit T t n1 (t �r{_ ,_.0,r, 1'1-0493 r t 93 __ 9017. Subsequent 43'4.00 Int 18.0n +[jtn ��{{ 2 fl+93 - 201- Subsea ent 5E; 25 dt:.FV'!_k L�1S:i jL.IL1.�r.�yhG+i+. Irl+_x. Ln .J{`S^+J1 Remaining '1+Jui L.'r'. i+a.•L+S Paid By:city of hugue ^, her! 716.39 42223 t C °i{ i+i'`rity '` 11uL. e ^_L-ec'1670.78 LrrE: un22r. ti PSL'+! Tr. 1707.17 f1! ! L J.L J, % 'i L"klr�EDcn 170717 !LWJL v.LL+ lrvl .s.r ------------- nflANrk 0.00 CITY OF DUBUQUE CHECK NO 422231 AMOUNT 806.48 VENDOR 1691 DUBUQUE COUNTY TREASURER CHECK DATE 12/10/14 Activity/Project Account Purchase Order Invoice No Amount Description 3601595 73111 00145197 R.RICHARD 806.48 1513 WASHINGTON PRO TOTAL 806.48 422231 0 w c 0 m n 0 c z THE CITY OF DUB E Masterpiece an the Mississippi City Hall 50 West 13th Street Dubuque, Iowa 52001 - DUBUQUE BANK & TRUST CO DUBUQUE, IOWA PAY EIGHT HUNDRED SIX DOLLARS & 48 CENTS TO THE ORDER OF fIIIIIuiIIIIIIIIIIIIII1,IIIIl11II IIIIuIIIIIiIIliiIIII'IIIIIIIIII DUBUQUE COUNTY TREASURER 720 CENTRAL AVE DUBUQUE IA 52001-7061 45-53 739 Check No. 422231 Date 12/10/14 Amount 806.48 Authorized Signature H'4222310 1:0739005351: 00 013 2li' DATt: 12/10/2014 \:q / ƒ9:03 «/:Trammr3 ƒb:3 ƒq:QRg6�, 100 y« CollPrtions S%q Parcel: 10 310/ Partial P7mt Owner: Aƒ9% ROGER SS2-?3Tax 0 ,R 007456 - 3 &kUITX \.q 10\%-±3 +321 Adminictration 5 Prepayment: 780.4s RemainingBalance: 0,00 A/ @:JG / dubuquP 2-rheck gRd.bq%S q\EE \ROAL3 .q E« CITY OF DUBUQUE CHECK NO 422288 AMOUNT 1,137.00 VENDOR 2480 KINTZINGER LAW FIRM PLC CHECK DATE 12/10/14 Activity/Project Account Purchase Order Invoice No Amount Description 3601595 73111 00145201 R.RICHARD 1,137.00 1513 WASHINGTON AMO ZZZZ TOTAL 1,137.00 422288 Vl 233ENIZ±NIN Masterpiece on the Mississippi City Hall 50 West 13th Street Dubuque, Iowa 52001. DUBUQUE BANK & TRUST CO DUBUQUE, IOWA PAY ONE THOUSAND, ONE HUNDRED THIRTY SEVEN DOLLARS & ZERO CENTS TO THE ORDER OF 111111111111111'1Il1l1ililu1111111111"l1+Ii1I!III11111IIII1III1 KINTZINGER LAW FIRM PLC 100 W 12TH STREET PO BOX 703 DUBUQUE IA 52004-0703 45-53 739 Check No. 422288 Date 12/10/14 Amount 1,137.00 Authorized Signature pi, 2 2 288" I:0 7 3900 5 3 5i: 00 0 L3 2" KINTZINGER, HARMON, KONRARDY, P.L.C. 100 W. 12TH STREET PO BOX 703 DUBUQUE, IA 52004-0703 TO: Roger Richard 1543 Washington St. Dubuque, IA 52001 MATTER: Legal/SWS DATE: November 24, 2014 Legal Services regarding phone calls and correspondence with Lynn Juergens concerning status of mortgage release on 1598 Washington from Stuart Hoover transaction; research on title issues concerning 1598 Washington and purchase from Stuart Hoover; phone conferences and letters to Stuart Hoover; contact Iowa Title Guaranty concerning obtaining release of Stuart Hoover mortgage; work on Notice of Forfeiture of Real Estate Contract regarding Susan Kemp; correspondence with Jamie Musser at CitiFinancial concerning release of Hoover's CitiFinancial mortgage; review title search letters from Dubuque County Abstract on 1598 and 1513; prepare and file Affidavit of Forfeiture for Sarah Kemp contract; conferences with Drew Tanenbaum at CitiFinancial regarding Affidavit and Release of Mortgage; obtain and file Release of Mortgage and Affidavit; numerous conferences with Roger concerning status of liens, loans and real estate sale; research to confirm that some judgments are more than 10 years old and no longer liens on property; conferences with Roger concerning possibility of filing action to pay money to State Treasurer to release mortgage; conferences and correspondence to judgment creditors to get Satisfactions of Judgment Liens on small claims judgments $1,000.00 Disbursement for filing Affidavit (Ck #109009 7-25-14) $ 37.00 Disbursement for Iowa Title Guaranty for mortgage release ( Ck # 109027 7-30-14) $100.00 $137.00 $ 137.00 Total: S:\Users\SueVichand roger bill.mis $1,137.00 CITY OF DUBUQUE CHECK NO 422224 AMOUNT 200.00 VENDOR 1678 DUBUQUE COUNTY ABSTRACT & TITLE CHECK DATE 12/10/14 Activity/Project Account Purchase Order Invoice No Amount Description 3601595 73111 00145203 #530 200.00 1513 WASHINGTON TIT ZZZZ TOTAL 200.00 422224 0 c w 0 c m n 0 c z City Hall 50 West 13th Street Dubuque, Iowa 52001 Masterpiece on the Mississippi PAY TWO HUNDRED DOLLARS & ZERO CENTS TO THE ORDER OF DUBUQUE BANK & TRUST CO DUBUQUE, IOWA '11111i111111II111i111111'1iii1'I'1111111111IiI1I11111II11'111111 DUBUQUE COUNTY ABSTRACT & TITLE PO BOX 565 DUBUQUE IA 52004-0565 45-53 739 Check No. 422224 Date 12/10/14 Amount 200.00 Authorized Signature 0'1122221,11' 1:0 7 3900 5 3 51: 00 0L3 20 #530 js INVOICE TO: Roger D. Richard c/o City Attorney's Office (Crenna Brumwell) DUBUQUE COUNTY ABSTRACT & TITLE COMPANY 830 Iowa Street — Dubuque, Iowa 52001-4813 P.O. Box 565 — Dubuque, Iowa 52004-0565 Phone 563 583-4538 Fax 563 583-2709 Nov. 18, 2014 REAL ESTATE The North 1/2 of Lot 77 in East Dubuque, an Addition to the City of Dubuque, Iowa. 1513 Washington RECORDING FEES ABSTRACTING $200.00 OWNER: Roger D. Richard Abstract Delivered To: City Attorney's Office 11-25-2014 Total $200.00 CITY OF DUBUQUE CHECK NO 422226 AMOUNT 89.60 VENDOR 1688 DUBUQUE COUNTY RECORDER CHECK DATE 12/10/14 Activity/Project Account Purchase Order Invoice No Amount Description 3601595 73111 00145200 R.RICHARD 89.60 1513 WASHINGTON TRS ZZZZ TOTAL 89.60 422226 WOO 9110119110 Masterpiece on the Mississippi City Hall 50 West 13th Street Dubuque, Iowa 52001 PAY EIGHTY NINE DOLLARS & 60 CENTS TO THE ORDER OF DUBUQUE BANK & TRUST CO DUBUQUE, IOWA 111111111111111111111111111111111111111111,111111 1141h1111111 DUBUQUE COUNTY RECORDER 720 CENTRAL AVE DUBUQUE IA 52001 45-53 739 Check No. 422226 Date 12/10/14 Amount 89.60 Authorized Signature 11 ot, 22226" 1:0739005351: 00 0L3 20 Page 1 of 1 Iowa Real Estate Transfer Tax Calculator Type your numeric value in the appropriate boxes, then click on submit for the total amount due. Do not type commas (,) or dollar signs (S) into number fields. Press TAB for result - $ 156145 Total Amount Paid $ I$56,500.00 Rounded Up to Nearest $500 Increment - $ 1500 Exemption = $ I$56,000.00 Taxable Amount x $ 10.0016 Tax Amount Due = $ I$89.60 Submit I Reset I http://www.dubuquecounty.org/Portals/0/calc.html 12/4/2014 THE CITY OF Dui Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase 1513 Washington Street DATE: September 8, 2014 Dubuque band AI -America City r 2007 • 2012 • 2013 Housing and Community Development Department Director Alvin Nash recommends City Council approval to purchase a home for $56,145 located at 1513 Washington Street owned by Roger D. Richard for the purpose of rehabbing and reselling to a qualified homebuyer. Staff expects that after rehab, the sale price for the property will be approximately $85,000 to $90,000. This will be a loss, however, the property will be sold to an income qualifying household, putting ownership back into the neighborhood and will put the property back on the tax roll. I concur with the recommendation and respectfully request Mayor and City Council approval. bat44 ., Mic ael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing and Community Development Department Director THE CITY OF Dui Masterpiece on the Mississippi Dubuque bitetri All -America City 1 r 2007 • 2012 • 2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Purchase 1513 Washington Street in the Washington Neighborhood DATE: September 8, 2014 Introduction The purpose of this memorandum is to request City Council authorization to purchase a house located at 1513 Washington Street for the purpose of rehabbing and reselling to a qualified homebuyer. Background As part of continued efforts of the Washington Neighborhood Strategic Plan adopted by the City Council in 2009, the City has been attempting to increase homeownership opportunities in the Washington neighborhood. To -date, 31 properties have been converted from rental to owner -occupied. Discussion The property is in substandard condition and is a candidate for rehabilitation under the Washington Neighborhood Incentives Programs. The property is owned by Roger D. Richard. To support and facilitate this rehab and re -marketing effort for the Washington Neighborhood, it is recommended that we purchase this property using Downtown Urban Renewal TIF funds. It is a blighting influence on the block and will hinder our efforts to rehabilitated homes to new purchaser families. We intend to similarly rehab this home and sell it as part of this homeownership initiative. Staff expects a sale price after rehab to be approximately $85-90,000. Under this Program, there will be no income restrictions for the homebuyer. Action Step The action requested of the City Council is to approve the attached resolution, authorizing the purchase of property located at 1513 Washington Street, from the Roger D. Richard, for $56,145.00. KLN/AN RESOLUTION NO. 285-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROGER D. RICHARD AT 1513 WASHINGTON STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate to for the purpose of rehabbing and reselling it to income qualified households; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: The North Half (1/2) of Lot 77 in East Dubuque, an addition in the City of Dubuque, Iowa according to the recorded plat thereof At the cost of Fifty -Six Thousand One Hundred and Forty -Five Dollars ($56,145.00). Section 2. That the City of Dubuque hereby approves the acquisition of 1513 Washington Street owned by Roger D Richard at the cost of Fifty -Six Thousand One Hundred and Forty - Five Dollars ($56,145.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a warranty deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 15th day of Sepmber, 2014. Li0 Roy D. BuoIIVlayor ATTEST: Kevi S. Firnstahl, CM aty Clerk OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Roger Richard, a single person (Seller) SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers to buy and the undersigned SELLER by his acceptance agrees to sell the real estate (Real Estate) situated in Dubuque, Iowa, locally known as 1513 Washington, Dubuque, IA 52001 and legally described as: The North Half (1/2) of Lot 77 in East Dubuque, an addition in the City of Dubuque, Iowa, according to the recorded plat thereof legal description to be confirmed per continued abstract per Section 10, together with any easements and appurtenant servient estates, but subject to the following: a. any easements of record for public utilities or roads, b. any zoning restrictions and other ordinances, and c. any covenants of record. SECTION 2. PURCHASE PRICE. The purchase price shall be $56,145.00, payable in cash at the Closing. SECTION 3. REAL ESTATE TAXES. Seller shall pay any unpaid real estate taxes payable for fiscal year 2013-2014 and prior years. Seller shall also pay real estate taxes for fiscal year 2014-2015 prorated through the date of closing. Buyer shall pay all subsequent real estate taxes due and payable after the date of closing. SECTION 4. SPECIAL ASSESSMENTS. Seller shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this offer. All other special assessments shall be paid by Buyer. SECTION 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Real Estate prior to closing or possession, whichever first occurs. Seller agrees to maintain existing insurance and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, this Agreement shall be null and void; provided, however, Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages. The property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the closing date. SECTION 6. CARE AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time of possession is delivered to Buyer, provided, however, if there is loss or destruction of all or any part of the Real Estate from causes covered by the insurance maintained by Seller, Buyer agrees to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate in its present condition and Seller shall not be required to repair or 1 SECTION 12. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This Contract shall apply to and bind the successors in interest of the parties. This Agreement shall survive the closing. SECTION 13. RIGHTS OF INSPECTION, ENVIRONMENTAL TESTING AND REVIEW. 13.1 Buyer, its counsel, accountants, agents and other representatives, shall have full and continuing access to the Real Estate and all parts thereof, upon reasonable notice to Seller. Buyer and its agents and representatives shall also have the right to enter upon the Real Estate at any time after the execution and delivery hereof for any purpose whatsoever, including inspecting, surveying, engineering, test boring, performance of environmental tests and such other work as Buyer shall consider appropriate, provided that Buyer shall hold Seller harmless and fully indemnify Seller against any damage, claim, liability or cause of action arising from or caused by the actions of Buyer, its agents, or representatives upon the Real Estate (except for any damage, claim, liability or cause of action arising from conditions existing prior to any such entry upon the Real Estate), and shall have the further right to make such inquiries of governmental agencies and utility companies, etc. and to make such feasibility studies and analyses as it considers appropriate. 13.2 Seller warrants to the best of Seller's knowledge and belief that there are no wells, solid waste disposal sites, hazardous wastes or substances, underground storage tanks or burial sites located on the Real Estate, except as set out below. Seller further warrants that Seller has done nothing to contaminate or allow the contamination of the Real Estate and has no knowledge of any contamination. Seller warrants that the Real Estate is not subject to any local, state, or federal judicial or administrative action, investigation or order regarding its environmental condition or environmental compliance. Seller shall provide Buyer with a properly executed Groundwater Hazard Statement showing no wells, solid waste disposal sites, hazardous wastes, underground storage tanks and private burial sites on the Real Estate which shall be considered a warranty and representation by Seller to Buyer. 13.3 Seller represents and warrants to Buyer that the Real Estate is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. SECTION 14. ENCUMBRANCES. Seller warrants that the Real Estate will as of the date of closing be free and clear of all liens, security interests, and encumbrances; SECTION 15. TENANTS. The Real Estate is free and clear of any occupants, and no party has a lease to or other occupancy or contract right in the Real Estate which shall in anyway be binding upon the Real Estate. Seller shall hold harmless and indemnify the Buyer for and against any claims, which may arise or be based upon any alleged leasehold interest, tenancy, or other right of occupancy or use for any portion for the 3 50 W. 13th Street Dubuque, IA 52001 SECTION 21. TIME IS OF THE ESSENCE. In the performance of each part of this Agreement, time shall be of the essence. SECTION 22. TIME FOR ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If this offer is not accepted and delivered to BUYER on or before 5:00 p.m. on August 29, 2014, this Agreement shall be null and void and all payments shall be returned immediately to the Buyer. SECTION 23. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. SECTION 24. PARAGRAPH HEADINGS AND CONSTRUCTION. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. SECTION 25. OTHER PROVISIONS. 25.1 Seller will provide Buyer with a signed Acknowledgment of Voluntary Negotiation and Purchase of Property at the time of closing. 25.2 This Agreement is subject to the final approval of the City Council of the City of Dubuque, Iowa in its sole discretion. If the City Council of the city of Dubuque, Iowa does not approve this Offer, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. Accepted : August 2L2014 SELLER ROGER D. RICHARD EIN By:lc 0- AA.." Rogr D. Richard 1543 Washington Street Dubuque IA 52001 Dated: September , 2014 BUYER CITY OF DUBUQUE EIN: 42-6004596 By: 'Michael C. Van Milligen City Manager 50 W. 13th Street Dubuque, IA 52001 Telephone: 563-589-4110 5 ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION AND PURCHASE OF PROPERTY Project: 1513 Washington Street, Dubuque, IA 52001 Parcel No.: 1024281016 As owner(s) of real estate needed for the above referenced project and parcel, (I) (We) acknowledge this is a voluntary negotiated purchase by The City of Dubuque, Iowa under Section 6b.1A of the Code of Iowa, and is not an acquisition by The City of Dubuque, Iowa through an exercise of the power of eminent domain under Chapter 6B of the Code of Iowa. This voluntary negotiated sale to The City of Dubuque, Iowa was made without any coercive action of any nature. Seller > Date Seller Date Notary Public in and for Dubuque County, Iowa llIiiiiIIllIlIuHhiiHuEI II I. iiiIii H 0 111011111111 Doc ID 008154670003 Type GEN Kind: DEED WITH RESOLUTION Recorded: 12/10/2014 at 12:16:58 PM Fee Amt: $111.60 Page 1 of 3 Revenue Tax: $89.60 Dubuque County Iowa Kathy Flynn Thurlow Recorder Fi1e2014_00013880 ®THE IOWA STATE BAR ASSOCIATION Crenna Bramwell FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 101 -August 2013 THIS FORM, CONSULT YOUR LAWYER Return To: City of Dubuque. 50 W. 13th Street. Dubuque. IA 52001 Preparer: Crenna Bramwell. 300 Main Street. Suite 330 Dubuque IA 52001. Phone: (563) 589-4381 Taxpayer: City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001 TATF �� 77 WARRANTY DEED ssocia'vo For the consideration of One Dollar(s) and other valuable consideration, Roger D. Richard, divorced and not remarried do hereby Convey to City of Dubuque, a municipal corporation the following described real estate in Dubuque County, Iowa: Dubuque, Iowa, according of Dubuque County, Iowa grantors hold the real estate by real estate; that the real estate and grantors Covenant to as may be above stated. distributive share in and to the be construed as in the singular The North half (1/2) of Lot 77 in East Dubuque, an Addition to the City of to the recorded plat thereof, as granted by Deed Record K, page 619, records Grantors do Hereby Covenant with grantees, and successors in interest, that title in fee simple; that they have good and lawful authority to sell and Convey the is free and clear of alt liens and encumbrances except as may be above stated; Warrant and Defend the real estate against the lawful claims of all persons except Each of the undersigned hereby relinquishes all rights of dower, homestead and real estate. Words and phrases herein, including acknowledgment hereof, shall or plural number, and as masculine or feminine gender, according to the context. Dated: December 10, 2014 X26 M ( Roger Dchard (Grantor) STATE OF IOWA COUNTY OF DUBUQUE (Grantor) , 2014 by Roger D. This record was acknowledged before me this 10th day of December Richard - r Signature ':f. u,Iz�,lt :1 - of Notary Public for individual grantor(s) only) (This form of acknowledgment 5 - Ch1 1-1oultr 7 • • RESOLUTION NO. 285-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY ROGER D. RICHARD AT 1513 WASHINGTON STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate to for the purpose of rehabbing and reselling it to income qualified households; and Whereas, a purchase agreement has been finalized with the owner of the property scheduled for acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City of Dubuque hereby approves the acquisition of the following legally described property: The North Half (1/2) of Lot 77 in East Dubuque, an addition in the City of Dubuque, Iowa according to the recorded plat thereof At the cost of Fifty -Six Thousand One Hundred and Forty -Five Dollars ($56,145.00). Section 2. That the City of Dubuque hereby approves the acquisition of 1513 Washington Street owned by Roger D Richard at the cost of Fifty -Six Thousand One Hundred and Forty - Five Dollars ($56,145.00). Section 3. That the City of Dubuque be and is hereby authorized to accept a warranty deed from the owner, conveying the owner's interest to the City of Dubuque, Iowa for the herein described real estate. Section 4. That the City Clerk be and is hereby authorized and directed to cause said Quit Claim Deed to be recorded in the office of the Dubuque County Recorder, together with certified copy of the Resolution. Section 5. That the City Clerk be and is hereby directed to forward a copy of this Resolution to the Dubuque County Assessor and the Dubuque County Auditor. Passed, approved and adopted this 15th day of Sep tuber, 2014. D/ P Roy D. Buol fjfllayor ATTEST: Kevi S. Firnstahl, CM Softy Clerk • • CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Trish L. Gleason, do hereby certify that I am the duly appointed, qualified, Assistant City Clerkof the City of Dubuque, Iowa, in the County aforesaid, and as such Assistant 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. 285-14 is a correct copy of the original Resolution No. 285-14 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 15t" day of Septemberr, 2014. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 4th day of December, 2014. 0 (SEAL) 0 • Trish L. Gleason, Assistant City Clerk