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Property Acquisition - 610 Wilbur Street_HarkerRESOLUTION NO. 323-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BRIAN AND CYNTHIA HARKER IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire a certain property located at 610 Wilbur Street, Dubuque. Iowa; and Whereas, this certain property is not currently part of or located within the Bee Branch Creek Restoration Project or any other federally funded public improvement project; and Whereas, the acquisition of this property is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; 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, Iowa hereby approves the acquisition of the following legally described property: Lot 1 of Lot 45 of Lot 46, both in Farley's Subdivision of Out Lots 703, 704, 704A, 717, 717A and 718 on the City of Dubuque, Iowa. At the cost of Forty Thousand and 00/100 Dollars ($40,000.00) and reimbursements, not to exceed a total amount of Nine Thousand and 00/100 ($9,000). Section 2. 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 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. 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 20th day of October, 2014. 9 Roy D. Buol, Mayor Attest: Kevin S. Firnstahl, G`ity Cler OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Cynthia and Brian Harker, married (Sellers) SECTION 1. REAL ESTATE DESCRIPTION. The undersigned BUYER hereby offers to buy and the undersigned SELLERS by his acceptance agrees to sell the real estate (Real Estate) situated in Dubuque, Iowa, locally known as 610 Wilbur Street, Dubuque, IA 52001 and legally described as: Lot 1 of Lot 45 and Lot 1 of Lot 46, both in Farley's Subdivision of Out Lots 703, 704, 704A, 717, 717A and 718 in the City of Dubuque, Iowa, according to the recorded plats 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 $40,000.00, 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 replace same. 1 SECTION 7. POSSESSION AND CLOSING. 7.1 If Buyer timely performs all obligations, possession of the Real Estate shall be delivered to Buyer on or before October 31, 2014, or such earlier date as the parties may agree in writing, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. 7.2 Closing shall occur after the approval of title by Buyer and vacation of the Real Estate by Seller, but prior to possession by Buyer. Seller agrees to permit Buyer to inspect the Real Estate within 72 hours prior to closing to assure that the premises are in the condition required by this Agreement. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. 7.3 This transaction shall be considered closed upon the delivery of the title transfer documents to Buyer and receipt of all funds then due at closing from Buyer under the Agreement. SECTION 8. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. SECTION 9. FIXTURES. 9.1 Included with the Real Estate shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate from a structural integrity standpoint, whether attached or detached. 9.2 The following items shall not be included: Appliances and other fixtures which do not affect the structural integrity of the property. "Other fixtures" may include, but is not limited to bathroom vanities, mirrorslmedicine cabinets, Tight fixtures, water heaters and furnaces. SECTION 10. ABSTRACT AND TITLE. Buyer, at Buyer's expense, shall promptly obtain an abstract of title to the Real Estate. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or Seller's assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. SECTION 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Real Estate to Buyer by Warranty Deed, free and clear of all liens, restrictions, and encumbrances, except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by BUYER. 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 2 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. Buyers will provide relocation assistance and/or benefits in accordance with the federal relocation act up to, but never to exceed, $3,000 per lease as follows: Lease #1: Paige Roberts Lease #2: Holly Mills Lease #3: Lawon Davenport & Erishaun Ross SECTION 16. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. SECTION 17. CERTIFICATION. Buyer and Seller each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. SECTION 18. REMEDIES OF THE PARTIES. 18.1 If Buyer fails to timely perform this Contract, Seller may forfeit it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's option, upon thirty (30) days written notice of intention to accelerate the payment of the entire balance because of such failure (during which thirty (30) days such failure is not corrected) Seller may declare the entire balance immediately due and payable. Thereafter this Contract may be foreclosed in equity and the Court may appoint a receiver. 18.2 If Seller fails to timely perform this Contract, Buyer has the right to have all payments made returned to it. 18.3 Buyer and Seller also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. SECTION 19. WAIVER. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. SECTION 20. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Cynthia and Brian Harker 27993 County Road W Benton, WI 53803 City of Dubuque Attn: Gus Psihoyos 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 October 10, 2014, this Agreement shall be null and void and all payments shall be returned immediately to the Buyer. 4 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 : October 1-th , 2014 Dated: October 20 , 2014 SELLERS BUYER CYNTHIA & BRIAN HARKER CITY OF DUBUQUE SS 4 _ 5401 EIN: 42-60P4596 4—kief C) B : C nthia Harker BRIAN HARKER By: Brian Harker S5 27993 County Road W Benton, WI 53803 5 By: Roy ' Buol, Mayor 50 W. 13.' Street Dubuque, IA 52001 ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION AND PURCHASE OF PROPERTY Project: 610 Wilbur Street, Dubuque, IA 52001 Parcel No.: 1025127002 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. Se ler io j of poiy Date Seller Date Notary Public in and for Dubuque County, Iowa i1111111i11111d11111111111111nnmm Doc ID 008132010005 Type GEN Kind: DEED WITH RESOLUTION Recorded: 10/27/2014 at 03:22:43 PM Fee Amt: $95.20 Page 1 of 5 Revenue Tax: $63.20 Dubuque County Iowa Kathy Flynn Thurlow Recorder F11e2014-00012119 Return To: City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001, (563) 589-4381 Preparer: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, (563) 589-4381 Taxpayer: City of Dubuque, 50 W. 13th Street, Dubuque, IA 52001, (563)-589-4381 WARRANTY DEED - JOINT TENANCY For the consideration of One Dollar(s) and other valuable consideration, Brian D. and Cynthia L. Harker, husband and wife do hereby Convey to City of Dubuque, a municipal corporation the following described real estate in Dubuque County, Iowa: Lot 1 of Lot 45 and Lot 1 of Lot 46 both in Farley's Subdivision of Lots 703, 704, 704A, 717, 717A and 718 in the City of Dubuque, Iowa according to the recorded plat thereof. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: October 24, 2014 Brian D. Harker (Grantor) i (This form of acknowledgment for individual grantor(s) only) retIC hia L. Harker (Grantor) STATE OF IOWA, COUNTY OF DUBUQUE This record was acknowledged before me this 24th day of October, 2014, b Brian D. Harker and Cynthia L. Harker. Cer175114tlo3 N l } Comin. 8 gnature of Notary Public RESOLUTION NO. 323-14 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BRIAN AND CYNTHIA HARKER IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire a certain property located at 610 Wilbur Street, Dubuque. Iowa; and Whereas, this certain property is not currently part of or located within the Bee Branch Creek Restoration Project or any other federally funded public improvement project; and Whereas, the acquisition of this property is a voluntarily negotiated purchase by the City of Dubuque under Section 6B.1A of the Code of Iowa, and is not an acquisition by the City of Dubuque through its exercise of the power of eminent domain under Chapter 6B of the Code of Iowa; 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, Iowa hereby approves the acquisition of the following legally described property: Lot 1 of Lot 45 of Lot 46, both in Farley's Subdivision of Out Lots 703, 704, 704A, 717, 717A and 718 on the City of Dubuque, Iowa. At the cost of Forty Thousand and 00/100 Dollars ($40,000.00) and reimbursements, not to exceed a total amount of Nine Thousand and 00/100 ($9,000). Section 2. 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 3. That the City Clerk be and is hereby authorized and directed to cause said Warranty Deed to be recorded in the office of the Dubuque County Recorder, together with a certified copy of this Resolution. Section 4. 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 20th day of October, 2014. Attest: Kevin :. Firnstahl, ity Cler Q Roy D. Buol, Mayor 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. 323-14 is a correct copy of the original Resolution No. 323-14 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 20th day of October, 2014. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, lowa, on this 23rd day of October, 2014. o � p \,` .6 V f�, '✓ •'''i � : + 0 ..' r- m (we, k r ®' • r Trish L. Gleason, Assistant City Clerk