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Purchase of Property - 2249 Harold Street_Brown Copyright 2014 City of Dubuque Consent Items # 10. ITEM TITLE: Purchase of Property-2249 Harold Street SUMMARY: City Manager recommending authorization to acquire a property located at 2249 Harold Street from Beth A. Brown for rehabilitation and sale to a qualified homebuyer. RESOLUTION Approving the acquisition of real estate owned by Beth A. Brown at 2249 Harold Street in the City of Dubuque SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Purchase of 2249 Harold Street-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Purchase Agreement Supporting Documentation THE CITY OF Dubuque UBE I erica .i Masterpiece on the Mississippi 2007-2012-2013 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Purchase of 2249 Harold Street DATE: April 12, 2016 Housing and Community Development Department Director Alvin Nash requests City Council authorization to acquire a property located at 2249 Harold Street from Beth A. Brown for the purchase price of $79,250. The property will be rehabbed and sold to a qualified homebuyer. This property is located outside the areas of racial and poverty concentration, as identified in the recently updated Analysis of Impediments to Fair Housing. It will offer increased housing choice for the income qualified buyer. The property will be marketed to the general public, but special attention and outreach will be made to participants of the Housing Choice Voucher Program wishing to utilize the Housing Choice Voucher Homeownership Program. I concur with the recommendation and respectfully request Mayor and City Council approval. 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 Dubuque AII-Ame1 rica City DUBgkE r Masterpiece on the Mississippi 2007.2012.2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Purchase of 2249 Harold Street DATE: April 8, 2016 Introduction The purpose of this memorandum is to request City Council authorization to acquire a property located at 2249 Harold Street for the purpose of rehabbing and reselling to a qualified homebuyer. Background The Housing & Community Development Department's Homeowner Rehabilitation Program provides homeownership opportunities for low and moderate income households. Through Purchase Rehab Resale program, the City acquires substandard properties and rehabilitates those homes to be purchased by income qualified homeowners. The City strives to provide affordable homeownership opportunities throughout the City of Dubuque. This property is located outside of areas of racial and poverty concentration, as identified in the recently updated Analysis of Impediments to Fair Housing. It will offer increased housing choice for the income qualified buyer. Discussion We became aware of this property through our partnership with the Board of Realtors. The property is a candidate for rehabilitation under the Community Development Block Grant (CDBG) Purchase/Rehab/Resale Program. The property is currently owned by Beth A. Brown. To support and facilitate this rehab and re-marketing efforts for the homeownership, it is recommended that we purchase this property, using CDBG funds. We intend to similarly rehab this home and sell it as part of the homeownership initiative. This property will be marketed to the general public, but special attention and outreach will be made to participants in the Housing Choice Voucher Program wishing to utilize the Housing Choice Voucher Homeownership Program. Action Step The action requested of the City Council is to approve the attached resolution, authorizing the purchase of property located at 2249 Harold Street, from Beth A. Brown, for $79,250.00. KLN RESOLUTION NO. 136-16 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BETH A BROWN AT 2249 HAROLD STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquirecertain real estate for the purpose of rehabbing and reselling the property 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: Lot 30 and the North 5 feet of Lot 33 in J.P. Schroeder's Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Seventy -Nine Thousand Two Hundred Forty Dollars ($79,240.00). Section 2. That the City of Dubuque hereby approves the acquisition of 2249 Harold Street owned by Beth A. Brown at the cost of Seventy -Nine Thousand Two Hundred Forty Dollars ($79,240.00). 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 Warranty 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 18th, day o ATTEST: Ric . Jone ayor Pro -Tem dr.M11" Kevin 8f. Firnstahl, CMC, rity Clerk dotloop signature verification:. Ruhl 19 &Rohl L1 ECIAR 1 ReALTORS PURCHASE CONTRACT Page 1 of 4 Pages THIS IS A LEGAL BLNDING DOCUMENT.IF NOT UNDERSTOOD SEER LEGAL ADVICE DATE OF OFFERo4/o7/2016 AGENCY RELATIONSHIP NOTIFICATION/CONFIRMATION 1. This document is prepared by:Mona Asbell Burbach,Ruhl&Puhl Realtors,Dubuque AS AGENT FOR firm name/agent name j 2. (Check one) E:DSeller Exclusively[Buyer Exclusively WBoth Buyer and Seller(Dual Agency), 3. or 4. Buyer and Seller confirm that written disclosures of agency representation were provided to them,they understand 5. who is representing them and the disclosures were provided prior to signing this Offer For Real Estate. 1 i 6. DOCUMENTS ATTACHED TO THIS PURCHASE CONTRACT 7. ®Dual Agency Consent Agreement 8. ®Lead Base Paint Disclosure ®Seller Disclosure of Property Condition 9. ®Inspection Addendum [Sale Contingency 10. [Addendum to Purchase Rental Addendum s 11. [IL Radon Disclosure Other Documents/Attachments/Legal Description: 12.S 55'&N 20'OF LOT 30&N 5'OF LOT 331 P SCHROEDFM ADD 13.OFFER TO:Beth Brown (herein designated as SELLER) Seller Names 14.The undersignedcity of Dubuque (herein designated as BUYER) Buyer names 15.Hereby propose to purchase your property known as:2249 Harold Dubuque Address City 16.1A,52001 Parcel#(s)1024108009 State ZIP 17.and agrees to pay you the sum of:Seven -Nine Thousand Two Hundred Forry Nine Dollars------- -- - 18. $ 79,249.00as follows:S earnest money to be held in trust by(select one)IgListing Broker, 19. or, other .Earnest money shall be 20. increased to$ within days of acceptance and again held in trust as previously agreed.In the event of 21. satisfaction of both Buyer and Seller contingencies herein,the earnest money deposits and balance of the purchase price shall be 22. delivered to Seller at settlement. In the event either Buyer or Sellers' contingencies or obligations herein are not satisfied,the 23. earnest money shall be distributed in accordance with the paragraph entitled"Remedies of the Parties". 24.The Purchase Price is be paid as follows:(Check the Appropriate Box(s)) 25. 0 CASH to be paid on settlement date. This offer is not contingent upon Buyer obtaining financing. Seller has 26. right to receive immediate verification of funds. 27. [FINANCING This contract is contingent upon the Buyer obtaining a written commitment for financing with 28. terms as provided in lines 36-38 of this contract. 29. [Conventional ®Conventional Insured 30. [FHA 31. [VA 32. [Land Contract(tetms as follows) 33. [OTHER 34. If Buyer provides written proof Buyer is unable to obtain financing,this contract is terminated and earnest 35. money returned. 36.DOWNPAYMENT (%)percent(or)$ INTEREST RATE not to exceed: %per annum 37.TERM OF MORTGAGE/LOAN years. DATE FOR FINANCING CONTINGENCY RELEASE: 39.If Buyer does not make timely delivery of said contingency release,then Seller may terminate this offer by written 40.notice to Buyer. 41,PRE-APPROVAL LETTER(check one)®attached Q delivered by Q Other 42.All usual costs incurred in securing such mortgage shall be paid by the Buyer except: Seller to pay up to$ 43.toward.Boyers closing costs and prepaid items. 44.OTHER TERMS/CONTINGENCIES Purchase contingent upon City Council Approval,meeting to be held April 18,2016. Purchase contingent upon Buyer's(City)environmental test.Purchase contin ent upon Bu er's(Citv)Inspection. BUYER INITIAL INITIA=SELLER INITIAINITIAL= dodoop signature verification: Page 2 of 4 Pages PROPERTY2249 Harold,Dubuque,IA 52001 Address City state ZIP 45.Broker may continue to offer and show the property for sale and Seller may accept backup offers until settlement. 46. SETTLEMENT.Settlement shall occur and legal possession shall be given on or before Date:04/29/2016 47. OCCUPANCY.Occupancy shall be given to Buyer(choose one)®at settlement,or®Date: 48,THIS AGREEMENT IS ALSO SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 49.TRUST PAYMENTS.It is agreed that at time of settlement,funds,up to the purchase price,received from the 50.Buyer and/or Buyer's lender may be used to pay taxes,other liens and expenses associated with this 51.transaction,same to be handled under the supervision of the Listing Broker so as to produce marketable title. 52. Seller hereby appoints the Listing Broker,escrow company or lender to receive such funds and make such 53.payments and disbursements. 54.REAL ESTATE TAXES,SPECIAL ASSESSMENTS,AND CHARGES 55.Unless otherwise agreed to in writing,all Real Estate taxes due and payable prior to and including the settlement date will 56.be paid by the Seller.Any taxes that cannot be paid to the Treasurer at the time of settlement will be pro-rated between the 57.Seller and the Buyer. Any such pro-rates will be based on current millage rates,current roll backs,and current assessed 58.values as certified by the appropriate taxing authority. All Real Estate Taxes due and payable after the settlement date will 59.be paid by the Buyer. All special assessments that constitute alien at the time of settlement of this offer are to be paid by 60.Seller.All charges for solid waste removal,utilities,and assessments for maintenance attributable to Seller's 61.possession are to be paid by Seller.All liens caused by Seller(s)ownership,such as mechanics liens,mowing,snow 62.removal,etc.are to be paid by Seller.All subsequent taxes and special assessments are to be paid by Buyer.Interest,rents, 63.homeowners'association dues and assessments,unused fuels and other appropriate charges shall be prorated as of 64.the date of settlement. Accrued income and expenses,including taxes for the day of closing,shall accrue to the 65. Seller. 66.INSURANCE.Seller shall bear the risk of loss or damage to property prior to settlement or possession,whichever 67. first occurs.Seller agrees to maintain existing insurance,and Buyer may purchase additional insurance. In the 68.event of damage to the property prior to settlement in an amount of not more than 5 percent of the selling price 69.Seller will be obligated to repair the property and restore it to the same condition that it was on the date of this 70,offer.If the damage should exceed this amount,Seller shall promptly notify Buyer in writing of the damage and 71.this contract may be terminated at the option of the Buyer and earnest money returned. 72, Should the Buyer elect to complete the transaction despite such damage.Buyer will be entitled to the insurance proceeds relating 73.to the damage,plus a credit towards the purchase price equal to the amount of the Seller's deductible on such policy.However,if 74.the sale is financed by a land contract or a mortgage to Seller,the insurance proceeds shall be held in trust for the sole purpose of 75.restoring the property. 76.INCLUDED PROPERTY(if any).All property that integrally belongs to,are specifically adapted to,or is part 77.of the real estate(except rental items),whether attached or detached,such as but not limited to,wall to wall 78.carpeting and vinyl,light fixtures and bulbs,ceiling fan(s),mirrors,shelving,shades,rods,blinds,awnings, 79.shutters,storm windows,storm doors,screens,plumbing fixtures,automatic heating equipment,air conditioning 80.equipment(except window),door chimes,alarm devices,built-in items and electrical service cable/fencing,garage 81. door opener and control(s),other attached fixtures,radio and/or attached TV receiving equipment,fencing,trees, 82. bushes,shrubs,plants,garden bulbs,water heaters and softeners,sump pumps,attached or fitted floor coverings, 83.installed security systems,central vacuum systems and accessories,in-ground lawn sprinkler systems and 84.component parts,built in appliances,fences,fireplace screen,fire grate and attached equipment,appurtenant 85.structures or equipment,storage buildings,and rural water membership shall be considered a part of real estate and 86.included in this sale.OTHER INCLUDED ITEMS: 87. 88. 89.EXCLUDED PROPERTY AND RENTAL ITEMS(i.e.water softener,LP or other gas tank): 90. BUYER INITIAL ITIAL=SELLER INITIAL[ �„`�� INITIAL 7:40PM CDT dodoopsignatureverincadon: ~Aoua}p_cormn�'vermcarouUt-15508835 -S-H I32 If{ I Page 2 of 4 Pages 1 PROPERTYZZ49 Harold,Dubuque,IA 52001 Address City stats ZIP 45.Broker may continue to offer and show the property for sale and Seller may accept backup offers until settlement. t 46. SETTLE,ME,NT.Settlement shall occur and legal possession shall be given on or before,Date;04/29/20'I.G 47. OCCUPANCY,Occupancy shall be given to Buyer(choose one)E]at settlement,or®Date: (. 48.THIS AGREEMENT IS ALSO SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 49.TRUST PAYMENTS.It is agreed that at time of settlement,.funds,tip to the purchase price,received from the 50.Buyer and/or Buyer's lender may be used to pay taxes,other liens and expenses associated with this 51,transaction,same to be handled under the supervision of the Listing Broker so as to produce marketable title. 52.Seller hereby appoints the Listing Broker,escrow company or lender to receive such fiords and make such 53.payments and disbursements. 54,REAL ESTATE TAXES,SPECIAL ASSESSMENTS,AND CHARGES ! 55.Unless otherwise agmed to in writing,all Real Estate taxes due and payable prior to and including the settlement date will 56,be paid by the Seller.Any taxes that cannot be paid to the Treasurer at the time of settlement will be pro-rated between the t 57, Seller and the Buyer. Any such pro-rates will be based on current miliage rates,current roll backs,and current assessed 58,values as certified by the appropriate taxing authority. All Real Estate Taxes due and payable after the settlement date will 59, be paid by the Buyer, All special assessments that constitute a lien at the time of settlement of this offer are to be paid by 60,Seller,All charges for solid waste removal,utilities,and assessments for maintenance attributable to Seller's 1 61.possession are to be paid by Seller.All liens caused by Seller(s)ownership,such as mechanics liens,mowing,snow { 62.removal,etc.are to be paid by Seller.All subsequent taxes and special assessments are to be paid by Buyer.Interest,rents, 63,homeowners'association dues and assessments,utmsed fuels and other appropriate charges shall be prorated as of 64.the date of settlement. Accrued income and expenses,including taxes for the day of closing,shall accrue to the 65.Seller. i 66.INSURANCE.Seller shall bear the risk of loss or damage to property prior to settlement or possession,whichever 67,first occurs.Seller agrees to maintain existing insurance,and Buyer may purchase additional insurance, In the 68,event of damage to the property prior to settlement in an amount of not more than 5 percent of the selling price j 69,Seller will be obligated to repair the property and restore it to the same condition that it was on the date of this 70,offer.If the damage should exceed this amount,Seller shall promptly notify Buyer in writing of the damage-and { 71.this contract may be terminated at the option of the Buyer and earnest money returned, 1 72,Should the Buyer elect to complete the transaction despite such damage,Buyer will be entitled to the insurance proceeds relating 1 73,to the damage,plus a credit towards the purchase price equal to the amount of the Seller's deductable on such policy.However,if i 74,the sale is financed by a land contract or a mortgage to Seller,the insurance proceeds shall be hold in trust for the sole purpose of 75.restoring the property. I 76.INCLUDED PROPERTY(if any).All property that integrally belongs to,are specifically adapted to,or is part 77,of the real estate(except rental items),whether attached or detached,such as but not limited to,wall to wall 78,carpeting and vinyl,light fixtures and bulbs,ceiling fan(s),mirrors,shelving,shades,rods,blinds,awnings, 79.shutters,storm windows,storm doors,screens,plumbing fixtures,automatic heating equipment,air conditioning 80,equipment(except window),door chimes,alarm devices,built-in items and electrical service cable/fencing,garage 81,door opener and control(s),other attached fixtures,radio and/or attached TV receiving equipment,fencing,trees, 82, bushes,shrubs,plants,garden bulbs,water heaters and softeners,sump pumps,attached or fitted floor coverings, j 83.installed security systems,central vacuum,systems and accessories,in-ground lawn sprinkler systems and j 84,component parts,built in appliances,fences,fireplace screen,fire grate and attached equipment,appurtenant 85,structures or equipment,storage buildings,and rural water membership shall be considered a part of real estate and 86.included in this sale. OTHER INCLUDED ITEMS: i 87. j 88,, l 89.EXCLUDED PROPERTY AND RENTAL ITEMS(i.e.water softener,LP or other gas tank): 90. 1 BUYER INITIALM ITIALSELLER INITL4 e„ INITIAL i 7:40PM CDT i i I i f I it Ik t I dotloop signature verification: Page 4 of 4 Pages PROPERTY2249 Harold,Dubuque,IA 52001 Address City State ZIP 143.COURT APPROVAL.If the property is an asset of any estate,trust,conservatorship,or receivership,this 144.contract shall be subject to Court approval,unless declared unnecessary by Buyer.If necessary,the appropriate 145.fiduciary shall proceed promptly and diligently to bring the matter on for hearing for Court approval. In this event 146.a Court Officer's Deed shall be used. 147.DEED.Upon payment of purchase price,Seller shall convey title by warranty deed or other instrument that is 148.required by Buyer's attorney. 149.GENERAL PROVISIONS.In the performance of each part of this agreement,time shall be of the essence.This 150.agreement shall be binding on and inure to the benefit of the heirs,executors,administrators,assigns and 151.successors in interest of the respective parties.This agreement shall survive the settlement.Paragraph headings 152.are for the convenience of reference and shall not limit nor affect the meaning of this agreement.Words and 153.phrases herein,including any acknowledgement hereof,shall be construed as in the singular or plural number,and 154.as masculine,feminine or neuter gender,according to the context. 155.NOTICE.Any notice required under this Agreement shall be deemed delivered when it is received or provided 156.either by hand delivery,facsimile,electronic communication or certified mail.Persons designated for receipt or to 157.give any notice shall be Seller(s)and Buyer(s)at the addresses set forth below or their Broker or Agent. 158.Electronic or facsimile transmission sent to the other party or to the appropriate Broker,followed by electronic or 159.faxed acknowledgement of receipt,shall constitute delivery of signed document. 160.ENTIRE AGREEMENT.This document and attachments contains the entire agreement of the parties and supersedes all 161.prior offers with respect to the property.This Offer may be modified only by a written agreement signed and dated by 162.both parties.This Offer for Real Estate shall not be assigned by Buyer without the written consent of Seller. 163.MEDIATION.in the event of a dispute,Buyer and Seller agree to consider mediation as an alternative to 164.initiating legal action.The mediation will be conducted in accordance with the rules and procedures of a mutually 165.agreed mediation service.Even when utilizing mediation,parties may still seek legal remedies. 166.ACCEPTANCE.When accepted,this offer shall become a binding contract for the sale and purchase of the 167.above described property and the professional service fee(s)shall be due to the Agent(s)in accordance with the 168.Exclusive Listing Agreement,Buyer Agency Agreement or other written commission agreement,between either 169.party or their Agent(s).This Offer shall not negate or change any of the conditions or terms of said Agreement(s), 170.which,by this reference shall remain in full force and effect through the settlement.. 171.1f this offer is not accepted by Seller on or before 5:00 .m.or Njp.m.Date:04/11/2016 the offer shall 172.become null and void and-earnest money returned to Buyer without liability on the part of said Agent(s)to either 173.party. d.d. verified gacGAS`B..m4oG 04/11/16 623AM CDT 174.This offer was presented to Seller by 6RHU-n—ONNMKEN PY r®p.m. Date: 175.The for ing offer is(check one 14ACCEPTED ®REJECTED ®COUNTERED o p ven e PM6V-16 N-TCX CDT PM6Vd GN-TO(5-22 C (Buyer'sSignature) DA : (Seller's Signature) DATE City of Dubuque Beth Brown (Print name here) (Print name here) (Buyer's Signature) DATE: (Seller's Signature) DATE (Print name here) (Print name here) 350 W.6th Street,312 2203 Graham Circle Address PHONE Address PHONE Dubuque,IA 52001 Dubuque,IA 52002 City State ZIP City State ZIP kneyen@cityofdubuque.org E-mail FAX E-mail FAX Mona Asbell Burbach Ruhl&Ruhl Realtors,Dubuque Mona Asbell Burbach Ruhl&Ruhl Realtors,Dubuque (Buyer's Agent) Office (Seller's Agent) Office Buyer Attorney Name:Assistant City Attorney,Maureen Quann ECIAR 1 2/14 dotloop signature verification:www.dotloop.com/my/verification/DL-155088863-5-381 R dodoopsignature verification: &Ruhl xvavav.Go[loop.con,mi/:v�rr,. :,r OL !> <3�It?3-S-tl_22 Ruhl DBR /�/ REALTORS INSPECTION ADDENDUM Page I of 3 Pages RE: PURCHASE CONTRACT,dated04/07/2016 by and between the undersigned Buyer and Seller concerning the real estate commonly known as: 2249 Harold,Dubuque,IA 52001 Street City State ZIP THIS SECTION MUST BE READ, UNDERSTOOD AND INITIALED These Inspections only cover conditions of the property not previously disclosed. They are not to be construed as inspections to bring an older home into compliance with current local building codes. They are only intended to discover any major structural,mechanical,safety and health related issues and defects. Notwithstanding the foregoing,Buyer and Seller agree that if the inspection report describes a condition of the property as one which can be remedied by routine maintenance or normal servicing,such condition shall not constitute grounds for termination of the Purchase Contract. Additionally,with respect to the items noted in said inspection reports to have reached or exceeded normal useful life, so long as such items are in working order,such condition(s)shall not be a basis for finding that said items are in a defective condition, and Seller shall not be required to repair or replace such items,and said conditions(s) shall not constitute grounds for termination of the Purchase Contract. If Buyer does not complete any of the inspections within the time frames agreed to,they are deemed to accept the property in "As Is" condition relative to that inspection.A copy of this inspection addendum may be provided to any inspector prior to the start of any inspection. NOTE: Inspections required by FHA,VA or lender do not eliminate the need for other inspections. We the undersigned have read and understand the information in the section above and agree by providing our initials. BUYER INITIAL `INITIAL SELLER INITIAL 04 5 INITIAL _ 7:22PM CDT CHECK ONE 1. HOME INSPECTION a. [®] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a home inspection,at the Buyer's expense by a qualified independent inspector,Or other specific inspectionAND Environmental Inspect. Inspection will be completed,report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before .2.Within days after. Inspections for Buyer informaton only.Home sold as is,no repairs by seller. b. 01 Buyer has been afforded the opportunity to have a Home Inspection.However,Buyer hereby waives his/her right to to have a home inspection and relies upon his/her own determination as to the condition of said property.Further, Buyer releases the Seller,Broker, Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing. 2. RADON—(See IDPH pamphlet Iowa Radon Home-Buyers and Sellers Fact Sheet or visit www.epa.aov/radon) a. [Q] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a Radon Inspection at Buyer's expense,to be performed by a licensed Radon Inspector. Inspection will be completed,report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before .2.Within days after b. fZ] Buyer has been afforded the opportunity to have a Radon Inspection. However,Buyer hereby waives his/her right to to have a radon inspection and relies upon his/her own determination as to the condition of said property. Further, Buyer releases the Seller,Broker, Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing. dotloop signature verification:www.dotloop.com/my/verification/DL-155088863-5-381 R dotloop signature verification: 15!851 33-,)--1222 INSPECTION ADDENDUM PAGE 2 DBR 7 Page 2 of 3 Pages PROPERTY ADDRESS2249 Harold,Dubuque,IA 52001 Street City State ZIP 3. WOOD DESTROYING PEST INSPECTION—"LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. [Q] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a Wood Destroying Pest Inspection at Buyer's expense,to be performed by a qualified Pest Inspector. Inspection will be completed,report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before .2.No later than days prior to closing b. [ ] Buyer has been afforded the opportunity to have a Wood Destroying Pest Inspection.However,Buyer hereby waives his/her right to have a wood destroying pest inspection and relies upon his/her own determination as to the condition of said property.Further,Buyer releases the Seller,Broker,Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing 4. WATER TEST(If Applicable)—"LENDER MAY REQUIRE FOR FINANCING APPROVAL" a. ] With written acceptance of said Purchase Contract,Buyer shall have the right to conduct a water test performed by a qualified third party at Buyer's expense. Water test to be completed,report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. On or before .2.Within days after b. Buyer has been afforded the right to have a Water Test performed y a qualiTied third party.However, Buyer hereby waives his/her right to have a water test and relies upon his/her own determination as to the condition of said property. Further,Buyer releases the Seller,Broker,Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property.This waiver shall survive the closing. 5. SEPTIC INSPECTION(If Applicable) Iowa Code 455B.172 mandates the inspection of septic systems,unless exempt,prior to the transfer of property. The code applies to transfer of property which includes at least one but not more than four dwelling units.This property has a septic system and is not connected to a sanitary sewer system. a. With written acceptance of said Purchase Contract,Buyer shall require the Seller to provide the results of a Septic System Inspection performed by a DNR Certified Inspector. (CHOOSE ONE) 1.By .2.No later than days prior to closing. b. [©] Septic System Inspection will be completed by a certified DNR septic system inspector at Buyer's Expense,report received and delivered to Seller along with the Response to Inspection Report. (CHOOSE ONE) 1. By . 2.No later than days prior to closing. c. [Q] Buyer has been presented with satisfactory results of a Septic System Inspection conducted by a Certified Septic System Inspector within the appropriate two-year state mandated time frame. d. 0] Illinois-Buyer has been afforded the right to have the septic system inspected by a qualified third party. However,Buyer hereby waives his/her right to have a septic system inspection and relies upon his/her own determination as to the condition of said property.Further,Buyer releases the Seller,Broker, Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property.This waiver shall survive the closing. 6. LEAD-BASED PAINT(See EPA pamphlet Protect your Family from Lead in Your Home) a. [ ]] This contract is contingent upon a risk assessment or inspection of the property for the presence of lead-based paint and/or paint hazards at the Buyer's expense with such inspection to be completed before 9:00 P.M. on the 10th calendar day after acceptance of the Purchase Contract.This contingency will terminate at the above predetermined deadline unless the Buyer,or Buyer agent,delivers to the Seller(or Seller agent)a written contract addendum listing the specific existing deficiencies and corrections needed,together with a copy of the inspection and/or risk assessment report.The Seller may, at the Seller's option,within days after delivery of the addendum,elect in writing whether to correct the condition(s)prior to settlement.If the Seller will correct the condition,the Seller shall furnish the Buyer with certification from a risk assessor or inspector demonstrating that the condition has been remedied before the date of the settlement. If the Seller does not elect to make the repairs,or if the Seller makes a counter-offer,the Buyer shall have days after receipt to respond to the counter-offer or remove this contingency and take the property in"As-Is" condition or this contract shall become void. Intact lead-based paint that is in ndition is not necessarily a hazard. BUYER INITIAL INITIAL_ SELLER INITIAL "4 INITIAL_ M CDT dotloop signature verification:www.dotloop.com/my/verification/DL-155088863-5-381 R dotloop signature verification:v,,�nv.doCoop-)rn;m7'verficaior./DL-1 X2-351-183-5-'222 INSPECTION ADDENDUM PAGE 3 DBR 7 Page 3 of 3 Pages PROPERTY ADDRESS2249 Harold,Dubuque,IA 52001 Street City State ZIP LEAD BASED PAINT(CON'T) b. [0] Buyer has been afforded the opportunity to have a Lead-based Paint Inspection.However,Buyer hereby waives his/her right to have a lead-based paint inspection and relies upon his/her own determination as to the condition of said property.Further,Buyer releases the Seller,Broker,Salesperson and all other persons associated with the transfer of real estate from any and all liability relating to any defect or deficiency affecting the property. This waiver shall survive the closing. 7. RIGHT TO CURE Seller has the right to cure/repair any defective condition discovered by inspections except*: a. [0 No exceptions apply, OR b. [Q] (fill in) *If Buyer has excluded an area or system from the Right to Cure a defective condition not previously disclosed,and if an inspection describes a defective condition in the excluded area or system,this agreement shall be null and avoid unless otherwise agreed. THIS SECTION MUST BE READ,UNDERSTOOD AND INITIALED 8.RENOVATION,REPAIR,OR REPLACEMENT In the event any of the above inspections reveal a defective condition not previously disclosed,buyer will deliver to seller Response To Inspections Report,together with a copy of the complete inspection report(s), outlining what procedures the Buyer will require the Seller to complete in order to remedy defective condition(s). If Buyer fails to respond within the required time they agree to accept the property in"AS IS" condition and forfeit any right to void the Purchase Contract based on the terms outlined in the Inspection Addendum. Seller agrees to respond to Buyer on said Response to Inspection Report within N/A days after receiving the Report from Buyer. In the event Seller fails to respond as required then they agree to complete the above mentioned procedures required by the Buyer and forfeit any right to void the Purchase Contract based on any terms outlined in the Inspection Addendum. BUYER INITIAL ° 'j INITIAL_ SELLER INITIAL 04/10/16 1 INITIAL _ 7:22PM CDT Buyer and Seller hereby release Brokers and Salespersons from any liability relating to any defect or deficiency or inspection or disclosure affecting the property,said waiver shall survive the closing. The above shall attached to and made part of said Purchase Contract 0 oop vera ie c� �eZ;£C��¢earm 04/10/167:22PMCDT Bllye Jello E PE-PMKM-TGAG-2KXV Buye Selle A Ont iwzlwr..G 04/07/16 751 PM CDT Agp�en o oop ven ie '.. b B 7G-VOVS-AO 1-EDBX Agen ( 04RM YSCO 2SHT 6KXL DBR 7 1/10 ©Copyright 2010 Dubuque Multiple Listing Service For Member Use Only W/Forms/Purchase Agreement Addendum-Inspection Addendum-Dubuque/8/2011 dot loop signature verification:oro iw dW-foop.ccmim ivenficaiuon DL-17-85 1 5i -a2I'M DBR 14 Iowa - Residential Property Seller Disclosure Statement MLS# Page 1 of 4 (To be completed by Seller at time of listing;completed form to be provided to Buyer prior to Buyer malting a written offer to purchase.) Property Address:2249 Harold St,Dubuque,IA 52001 (Seller(s):please print property address including City,State and Zip Code) Property Owner:Beth A.Brown PURPOSE: (Seller(s):please print property ownership) Use this statement to disclose information as required by Iowa Code chapter 558A.This law requires certain Sellers of residential property that includes at least one and no more than four dwelling units to disclose information about the property to be sold.The following disclosures are made by the Seller(s)and not by any Agent acting on behalf of the Seller(s).The Agent has no independent knowledge of the condition of the property; the Agent's knowledge is limited to the disclosure made by the Seller(s) on this form.In no event shall any Agent involved in the sale or purchase of the property or any such Agent's broker be liable for any matters subject to this disclosure.Buyer(s)is advised to obtain such independent inspections of the property as Buyer(s)deems appropriate. Properties exempted from the Seller's disclosure requirement include: Bare ground; property containing 5 or more dwelling units, all being sold; court ordered transfers; transfers b a power of attorney; foreclosures; lenders selling foreclosed properties; fiduciaries in the course of an administration of an estate, guardianship, conservatorship, or trust; between joint tenants, or tenants in common; to or from any governmental division; quit claim deeds; intra-family transfers; commercial or agricultural property which has no dwellings. Seller(s) certifies that the property is exemi3t from the re uirement s of Iowa Code 558A.Lfsyyvign and stop here. Seller Date Buyer Date Seller Date uyer Date INSTRUCTIONS TO SELLER(S): 1.Provide information in good faith and make all reasonable effort to ascertain the required information; 2. Complete this form yourself and fill in all mandatory blanks; 3.Disclose all known conditions materially affecting this property.Additional pages or reports may be attached; 4.If an item does not apply to this property,indicate that it is not applicable(N/A); 5.Please provide information in good faith and make a reasonable effort to ascertain the required information. If the required information is unknown or is unavailable following a reasonable effort,use an approximation of the information,or indicate that the information is unknown(UNK).All approximations must be identified as approximations(AP); 6.Keep a copy of this statement with your other important papers. SELLER(S) DISCLOSURE STATEMENT: Seller discloses the following information regarding the property and certifies this information is true and accurate to the best of Seller's or Seller's Representative's knowledge as of the date signed. Seller authorizes Agent to provide a copy of this statement to any person or entity in connection with actual or anticipated sale of the property or as otherwise provided by law.This statement shall not be a warranty of any kind by Seller or Seller's Agent and shall not be intended as a substitute for any inspection or warranty the purchaser may wish to obtain.The following are representations made by Seller and are not the representations of Agent. The Agent has no independent knowledge of the condition of the property except that which is written on this form. Seller advises Buyer to obtain independent inspections relevent to Buyer State of Iowa mandates the Questions in Section I Must be Answered SECTION I DISCLOSURES: Circle Only One Response: 1. The Seller(s)has owned the property since: 01/04/1990 2. Basement/Foundation:Any known water or other problems?..................................®Yes DNo DN/A DUNK 3. Roof:Any known problems?.......................................................................................®Yes DNo ❑N/A DUNK Any known repairs?.....................................................................................................®Yes DNo ❑N/A DUNK If yes, date of repairs/replacement:10/15/2008 4. Sewer System:Any known problems?........................................................................❑Yes ®No ❑N/A DUNK Any known repairs?.....................................................................................................DYes ®No ❑N/A DUNK If yes, date of repairs/replacement: 5. Septic Tanks/Drain Fields: Has the system been inspected be an Iowa DNR certified inspector within 2 years, or pumped/cleaned within the last 3 years?...........❑Yes ❑No ON/A DUNK Date of inspection: ........................................................................ ......................ON/A DUNK Date tank last cleaned: ................................................................... ......................ON/A DUNK To be completed ow by Client ONLY Seller(s) Initials oz /� Buyer(s) Initials al El 7:53AM CST docloop signature verification:NVYPIA0000P cori,Wiy,'vnririca non/DL.-13435!575- -21 M DBR 14 Pg 2/4 Iowa-Res. Prop. Seller Disclosure Statement for 2249 Harold St,Dubuque,1A 52001 ADDRESS 6. Well and Pump: Any known problems9.....................................................................ElYes ❑No ®N/A DUNK Any known repairs?.....................................................................................................ElYes DNo Z N/A El UNK If yes, date of repairs or replacement: Any known water tests?...............................................................................................ElYes ❑No ®N/A DUNK If yes, date of last report: and results: 7. Heating System(s):Any known problems?................................................................21Yes ❑No ❑N/A ❑UNK Any known repairs?.....................................................................................................WlYes ❑No El N/A El UNK If yes, date of repairs or replacement:january 2014 8. Central Cooling System(s):Any known problems?..................................................ElYes DNo ®N/A DUNK Any known repairs?.....................................................................................................ElYes DNo ®N/A ❑UNK If yes, date of repairs or replacement: 9. Plumbing System(s):Any known problems?.............................................................EDYes ❑No 0 N/A 0 UNK Anyknown repairs?.....................................................................................................0Yes DNo ON/A DUNK If yes, date of repairs or replacement: 05/28/2014 10. Electrical System(s):Any known problems?.............................................................OYes ❑No ❑N/A ®UNK Any known repairs?.....................................................................................................ElYes ❑No 0 N/A ®UNK If yes, date of repairs or replacement: 11. Pest Infestation(wood destroying insects, destructive/troublesome animals, etc.): Any known current or past problems?.........................................................................R]Yes ❑No ❑N/A DUNK If yes, date(s)of treatment: Any known structural damage? ...................................................................................ElYes ❑No ❑N/A ®UNK If yes, date of repairs or replacement: 12. Asbestos:Any known to be present in the structure?..................................................ElYes ❑No ❑N/A ®UNK 13. Radon:Any known tests for the presence of radon gas?............................................®Yes ❑No ❑N/A ❑UNK If yes, date of last report: 02/17/2016 and results:overall avg:1.8 pCl/1 14. Lead Based Paint:Any known to be present in the structure?..................................ElYes ❑No ❑N/A ®UNK 15: Flood Plain: Is aa�of the property located in a flood plain?......................................ElYes ®No ❑N/A ❑UNK If yes,What is the flood plain designation? 16. Zoning: What is the zoning classification of the property?residential ..........................ON/A ❑UNK 17: Shared or Co-Owned Features:Any features of the property known to be shared in common with adjoining landowners, such as walls, fences, roads and driveways whose use or maintenance responsibility may have an effect on the property?..........®Yes DNo ❑N/A ❑UNK Any known"common areas" such as pools,tennis courts,walkways or other areas co-owned with others, or a Homeowner's Association which has any authority over the property?.........................................................................................ElYes ®No ❑N/A ❑UNK Any easements or encroachments onto or from the neighboring properties?..............QYes DNo ❑N/A ®UNK 18. Physical Problems:Any known settling,flooding, drainage or grading problems? ..❑Yes ❑No ON/A ®UNK 19, Structural Damage:Any known structural damage?.................................................0 Yes ❑No ❑N/A ®UNK 20. Has there been a property/casualty loss resulting in an insurance claim in excess of$5,000?......0 Yes ®No ❑N/A ❑UNK If yes, indicate Type: Date of repairs: 21. Covenants: Is the property subject to restrictive covenants?................................0 Yes ❑No ON/A ®UNK If yes, a true, current copy of the covenants can be obtained: Attached to this property disclosure At the county recorders office Other: To be completed by Client ONLY Seller(s) Initials Buyer(s) Initials 7:53AM CST dotloop signature verification: ;4851 675-4-2TB DBR 14 Pg 3/4 Iowa-Res.Prop. Seller Disclosure Statement for 2249 Harold St,Dubuque,IA 52001 ADDRESS You MUST explain any "YES" response(s) for above questions. Use additional sheets as necessary: basement gets some water sometimes with heavy rains. roof replaced due to aged shingles. some water arks/damage to ceiling in four seasons room and upstairs bedroom remains unaddressed.replaced coupler on eater and new tank. several new water lines and two shut off valves. water heater replaced July, 2015. neighbors on Lowell street use part of drive way to access parking areas. Seller did not have any knowledge of termite activity, but during home inspection 2/2016 mud tunnels were observed. Home inspector and subsequent pest inspector found o evidence of live termites. SECTION II OPTIONAL INFORMATION: This information is optional and not required by statute. Section II is for the convenience of Buyer/Seller and is not mandatory. 22. Appliances/Systems/Services (check all that apply): Working? Working? Included? Yes No Unk Included? Yes No Unk Refrigerator El ® ® U Lawn Sprinld.Sys.® 11 13 13 Range/Oven ® ® 13 ® Pool Heater,Wall Microwave ® ® ® ® liner&Equipm. ® ® E3 Dishwasher ® ® 10 ® Satellite Dish ® 0 E3 13 Disposal ® ® TV Recv Equip 13 13 E3 U❑ Trash Comp. ® ® ® Smoke Alarms R Hood/Fan ® ® ® Gar Door Opener M3 ® ® 0 Washer ® ® ® ® Gar Opnr Remotes®No. El 13 113 Dryer El ® ® Intercom 13 0 13 113 Gas Grill ® ® ® Furn.Humidifier ® ® ® U Window A/C ® ® IQ ll Central Vacuum ® ® Q Sauna/Hot Tub ® ® ® ® Water Heater Attic Fan ® ® IQ ® Fireplace/Chimney 0 0 10 in Landscap.Lites ® El 03 E3 Windows ® ® 0 Ceiling Fan(s) ® ❑ ❑ ® 11 0 Alarm System 93 0 0 10 Water Filter Sys. 13Leased 6 / h ® E3 Sump Pump ® Q Ej Water Softner ®Leased 6 / 6 ® ® Q Is sump pump properly discharged? IQ Q LP Tank Leased Y / N® [Q ® Is Cable TV available in the area? 190 0 All Household Appliances are sold in working order except as noted and are not under warranty beyond the date of closing. Warranties may be available for purchase from independant warranty companies. Place Check Mark or Circle Where Appropriate 23. Roof: Type of Exterior Roofing: shingles or❑LJNK Age:7 years or❑UNK 24. Attic Insulation: Type: ..........................................................OLINK Amount: ..........................................................OT-NK R-Value: ..........................................................OT-NK 25. Water Supply: Type: ®Public ®Community ®Private Well ®Shared Well Any known problems? .....................❑Yes ®No ❑N/A ❑LINK 26. Sewer Type: ®Public MCommunity ®Private 27. Septic Tank: Location of Tank: ..............................................ON/A 01-NK Tank Age: ..............................................®NIA ❑LINK 28. Mold: has property been tested for the presence of mold? .....................OYES ONO ❑N/A ❑UNK If yes, date of test: (attach results) 29. Heating System(s):Type:boiler/radiator or❑UNK Age: or®UNK 30: Cooling System(s):Type: or®UNK Age: or❑UNK To eed Cl by Clientnt ONLY Seller(s) Initials I oz,z7„5 / Buyer(s) Initials / 7:53AM CST dotloop signature verification: ,jv,w.Jor[cop corn;my'v/r icacon/DL-75::35167',1-Z;6 - DBR 14 Pg 4/4 Iowa-Res.Prop. Seller Disclosure Statement for 2249 Harold St,Dubuque,IA 52001 ADDRESS 31. Any improvements made by seller since purchase?....................................................®Yes ❑No DN/A DUNK If Yes, please explain:built garage,replaced most windows,partial plumbing updated updates to boiler,replaced all outlets,replaced front sidewalk,built deck,replaced roof 32. Is seller or seller's representative related to the listing agent or broker?......................❑Yes ®No ❑N/A DUNK 33. Any outstanding notices of assessment from a government municipality?.................OYes ❑No ❑N/A DUNK 34. Received notice of code or zoning violations from any municipality?.......................OYes ®No ❑N/A DUNK If Yes, please explain: 35. Association Fees; monthly$ ..................................................................................®N/A DUNK List items covered by fees: Disclosure must be signed by all parties to the transaction SELLER(S) DISCLOSURE: Seller(s)discloses the information regarding this property based on information known or reasonably available to the Seller(s).The Seller(s) certifies that as of the date signed this information is true and accurate to the best of my/our knowledge. If any changes occur between the date Seller(s)completes this form and the date of closing which would result in any of the above disclosures being inaccurate, Seller(s)shall immediately disclose such changes to Buyer(s). Seller acknowledges requirement that Buyer be provided with the"Iowa Radon Home-Buyers and Sellers Fact Sheet"prepared by the Iowa Department of Public Health. dotloop verified BCWD 16MB-Q0 CST BCWD-FYMB-QOOF-HIJS Seller Date Seller Date BUYER(S)ACKNOWLEDGEMENT: Buyer(s) acknowledges receipt of a copy of this Real Estate Disclosure Statement. This statement is not intended to be a warranty or to substitute for any inspection the Buyer(s)may wish to obtain.Buyer hereby acknowledges receipt of a copy of this Real Estate Disclosure Statement.This statement is not intended to be a warranty or substitute for any inspection the buyer(s)may wish to obtain. Buyer acknowledges receipt of the"Iowa Radon Home-Buyers and Sellers Fact Sheet"prepared by the Iowa Department of Public Health. 041 Buyer date Buyer Date t Aadcopsegnatwevenfication: a . dotloop;:gnature verika(ton.:,Ye tr Lr 4)Wa. q r. i.uunuVIA.r i ld,l Ruhl &Ruhr Disclosure - Lead-Based Paint REALTORS (Seller(s) must read, initial and sign prior to signing Listing Agreement. Purchaser(s) must read. initial and sign prior to signing Purchase Agreement, Seller and Purchaser agree that this form shall be an attachment to any Purchase Agreement between them for this property.) Property Address 2249 Harold,Dubuque,IA 52001 .tr0et Chy State Zip LEAD WARRING STATEMENT: Every Purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memorv. Lead poisoning also poses a particular risk to pregnant women.The Seller of any interest in residential real property is required to provide the Purchaser with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the Purchaser of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. SELLER'S DISCLOSURE(Seller(s)MUST Initial Both A and B,and Check(i)or(ii)under Both A and B): r—lWro., ,=A. Presence of lead-based paint and/or lead-based paint hazard,(check(i)or(ii)below): �3Pucor ❑ (i) Known lead-based paint and/or lead-based paint hazards are present in the housing(explain): R3 (ii) Seller has no knowledge of lea - ased paint and/or lead-based paint hazards in the housing. I=B. Records and Reports available to the Seller(check(i) >t (ii)below): tiR3M CCT ❑ (i) Seller has provided the Purchaser with all available records and reports pertaining to lead-based paint and/or Icad-based paint hazards in the housing(list documents below): 0 (ii) Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing. PURCHASER'S ACKNOWLEDGMENT(Purchaser(,)MUST JRjM C and Check(i)gr(ii)under C.Purchaser(s) MUST Igitial Both D and E and Check(i)QC(u)under E): P_IVONC. ❑ (i) Purchaser has received topics of all information listed above, OR X (ii) No records or reports were available. Purchaser has received the pamphlet Protect Your Family From Lead in Your Home. Purchaser has(check(i)or(ii)below): ❑ (i) Received a 10 calendar day opportunity(or mutually agreed upon period)to conduct a risk assessment or inspection for the presence of lead-based paint andior Lead-based paint hazards; OR (ii) Waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. AGENT'S ACKNOWLEDGMENT(Listing Agent(LA) and Selling Agent(SA) MUST Initial as Noted): FEWI F. Listing Agent has informed the Seller of the Seller's obligations under 42 U.S.C.4852d and is aware of i'egp �r hislier responsibility to ensure compliance. G. The Listing Agent and Selling Agent whose initials appear on this form have assured compliance with ia' 9 =�T the Lead-Based Paint Disclosure requirements by the use and completion of this disclosure form. CERTIFICATION OFACCURACY: The following parties have reviewed the information above and certify,tot best of their knowledge,that the information thev have Provided is true and accurate. E,aCQ Br..w A,SL'S 11:43Pr.1 Seller Dit Purchaser ate Sailer ate roc ren o• lllQrhl6B, G VJ.cu's329PMcur .KLldd�eYSn4e6 "I ra., valva c •_ntz utuy Agent LAW Selling Agent Date To be completed by Client ONLY(except initial and signature) W/Forms/Disclosure-Laad-Based Paint/05/2011 dotloop signature verification:www.dotloop.com/my/verification/DL-155104442-4-2431 ACKNOWLEDGMENT OF VOLUNTARY NEGOTIATION AND PURCHASE OF PROPERTY Project (Address): 2249 Harold Street Parcel No.: 1024108009 As owner(s) of real estate needed for the above referenced project and parcel, (1) (We) acknowledge this is a voluntary negotiated purchase by The City of Dubuque, Iowa under Section 6b.lA 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. � � �� verified04/10/104/10/16 7:41 PM CDT Seller1ez*""4fQB7D-J9EQ-QVDK-AM58 Date Seller Date Notary Public in and for Dubuque County,Iowa THE CITY OF DUB TE MEMORANDUM VNS. Masterpiece on the Mississippi CRENNA M. BRUMWELL, ESQ.0 ASSISTANT CITY ATTORNEY To: Jean Nachtman Finance Director DATE: May 6, 2016 RE: 2249 Harold Street We have closed on the above -referenced property. Attached please find: 1. The original Closing Statement. 2. Copies of the checks payable to Dubuque County Treasurer for $1,072.18 (property taxes). I delivered the checks to the Treasurer and have attached the original receipt. 3. A copy of the check payable to Dubuque County Recorder for $126.40 (transfer tax). I delivered the check to the Recorder and have attached the original receipt. 4. Copies of the checks payable to Ruhl & Ruhl Realtors for $4,754.40 (realtor fees), Dupaco Community Credit Union for $57,450.52 (mortgage payoff), and Beth A. Brown for $15,836.50 (proceeds from transaction). Kris Neyen delivered all of these checks. 5. A copy of the warranty deed, groundwater hazard statement, and declaration of value. These documents were filed with the Recorder and the City Clerk's Office will be billed for the documents. If you need further information, please let me know. Thank you. cc: Kevin Firnstahl, City Clerk Alvin Nash, Housing & Community Development Director Seller: Beth Brown 2203 Graham Circle Dubuque, IA 52002 Purchase Price Closing Statement 2249 Harold Street Closing Date: April 28, 2016 Buyer: City of Dubuque 50 West 13th Street Dubuque, IA 52001 Less items paid by City of Dubuque (deducted from purchase price) Property Taxes (First 1/2 of FY 2015-2016) Property Taxes (Second 1/2 of FY 2015-2016 - prorated to closing) Real Estate Transfer Tax Realtor Fees for Ruhl & Ruhl Mortgage Payoff to Dupaco Community Credit Union Total amount remaining for Beth Brown Checks the City of Dubuque will bring to and disburse after closing: 1. Check payable to Dubuque County Treasurer $1,072.18 (Property taxes through April 28, 2016) 2. Check payable to Dubuque County Recorder $126.40 (Real estate transfer taxes) 3. Check payable to Ruhl & Ruhl $4,754.40 4. Check payable to Dupaco Community Credit Union $57,450.52 5. Check payable to Beth Brown $15,836.50 I have reviewed the Closing Statement and agree to the above disbursements. SELLER: BETH BROWN ZK-.2v/� By: Beth Brown Date BUYER: City of Dubuque, Iowa By. Date $79,240.00 ($649.00) ($423.18) ($126.40) ($4,754.40) ($57,450.52) $15,836.50 CITY OF DUBUQUE CHECK NO 426294 AMOUNT $ 423.18 VENDOR 1691 DUBUQUE COUNTY TREASURER CHECK DATE 04/28/2016 Activity/Project Account Purchase Order Invoice No Amount Description 2601231 73111 16008426 2249 HAROLD 423.18 PROPERTY TAXES 2ND HALF OF FY15-16 PRORATED TO CLOSING DATE ZZZZ TOTAL $ 423.18 426294 O 0 co 0 0 C m 0 0 C z -- 1 m D 0 C m THE CITY OF DUB ECity Hall 50 West 13th Street Dubuque, Iowa 52001 Masterpiece on the Mississippi DUBUQUE BANK & TRUST CO DUBUQUE, IOWA 45-53 739 Check No. 426294 Date 04/28/2016 Amount $ 423.18 PAY FOUR HUNDRED TWENTY THREE DOLLARS AND 18 CENTS*************************************************** TO THE ORDER OF DUBUQUE COUNTY TREASURER 720 CENTRAL AVE DUBUQUE, IA 52001-7061 (7il ai a� Authorized ignature 11'4 26 29411' I:07390053Si: 00 013 211' CITY OF DUBUQUE CHECK NO 426295 AMOUNT $ 649.00 VENDOR 1691 DUBUQUE COUNTY TREASURER CHECK DATE 04/28/2016 Activity/Project Account Purchase Order Invoice No Amount Description 2601231 73111 16008420 2249 HAROLD 649.00 PROPERTY TAXES 1ST HALF OF FY15-16 ZZZZ TOTAL $ 649.00 426295 0 0 0 0 0 0 m 0 0 0 -1 z m m D 0 m THE CITY OF City DUB E 50 Westl 13th Street Dubuque, Iowa 52001 Masterpiece on the Mississippi DUBUQUE BANK & TRUST CO DUBUQUE, IOWA 45-53 739 Check No. 426295 Date 04/28/2016 Amount $ 649.00 PAY SIX HUNDRED FORTY NINE DOLLARS AND 00 CENTS***"`******************************************************** TO THE ORDER OF DUBUQUE COUNTY TREASURER 720 CENTRAL AVE DUBUQUE, IA 52001-7061 not, 2629So 1:0 73900 53Si: 00 0L3 20 DATE : 5/3/2016 10:47 AM OPER : 01 TKDY : Treasurer ensurer 1 TERM : r1 RFD! : R00253745 100 T 7 i -r nrr �� Tax Collections 1072 J8 Parcel: 102410E009 Partial Payment Owner: BROWN, BETH A Prepayment: 19072.18 `all E '; C.1 t y of Dubuque 9 -Check 649.00 RE F:%4629r Paid B : ity of Dubuque 2 -Check 423.18 REF:446294 *TOED 1072.19 TENDERED rrrr:; TENDERED 1072!. 8 NNE NLN 0.00 CITY OF DUBUQUE CHECK NO 426296 AMOUNT $ 126.40 VENDOR 1688 DUBUQUE COUNTY RECORDER CHECK DATE 04/28/2016 Activity/Project Account Purchase Order Invoice No Amount Description 2601231 73111 16008424 2249 HAROLD 126.40 ESTATE TRANSFER FEE ZZZZ TOTAL $ 126.40 426296 0 0 0 0 0 0 m 0 0 0 z m 0 0 0 m THE CITY OF Dui ECity Hall 50 West 13th Street Dubuque, Iowa 52001 Masterpiece on the Mississippi DUBUQUE BANK & TRUST CO DUBUQUE, IOWA 45-53 739 Check No. 426296 Date 04/28/2016 Amount $ 126.40 PAY ONE HUNDRED TWENTY SIX DOLLARS AND 40 CENTS""'********************************************************* TO THE ORDER OF DUBUQUE COUNTY RECORDER 720 CENTRAL AVE DUBUQUE, IA 52001-7061 4:1 721Author Signature n oil 2629611' I:07390053Si: 00 013 20 RECEIPT OFFICE OF COUNTY RECORDER DUBUQUE CO. IOWA Dubuque, RECEIVED OF Cji:t C1e_)c Iowa, 3 20 \(() Dollars $ tai e U? ForY-c R 100 as �b C -cc ,0Q JOHN MURPHY, Recorder CITY OF DUBUQUE CHECK NO 426293 AMOUNT $ 4,754.40 VENDOR 12273 RUHL & RUHL REALTORS CHECK DATE 04/28/2016 Activity/Project Account Purchase Order Invoice No Amount Description 2601231 73111 16008426 2249 HAROLD 4,754 40 REALTOR FEES ZZZZ TOTAL $ 4,754.40 426293 THE CITY OF DUB E City Hall 50 West 13th Street Dubuque, Iowa 52001 A4asterpiece on the Mississippi DUBUQUE BANK & TRUST CO DUBUQUE, IOWA 45-53 739 Check No. 426293 Date 04/28/2016 PAY FOUR THOUSAND SEVEN HUNDRED FIFTY FOUR DOLLARS AND 40 CENTS****************************** TO THE ORDER OF RUHL & RUHL REALTORS 600 STAR BREWERY, STE 300 DUBUQUE, IA 52001-7006 Amount $ 4,754.40 Authori ed Signature u 1"L, 2629311' 1:0 7 3900 5 3 51: 00 0 L3 211' CITY OF DUBUQUE CHECK NO 426297 AMOUNT $ 57,450.52 VENDOR 12256 DUPACO COMMUNITY CREDIT UNION CHECK DATE 04/28/2016 Activity/Project Account Purchase Order Invoice No Amount Description 2601231 73111 16008428 2249 HAROLD 57,450 52 PAYOFF MORTGAGE BETH A BROWN ZZZZ TOTAL $ 57,450.52 426297 0 0 fl 0 4- r z n m 0 1 5 z THE CIIrt OF IIIIJB!'LJE City Hall 50 West 13th Street Dubuque, Iowa 52001 Masterpiece on the Mississippi DUBUQUE BANK & TRUST CO DUBUQUE, IOWA 45-53 739 Check No. 426297 Date 04/28/2016 Amount $ 57,450.52 PAY FIFTY SEVEN THOUSAND FOUR HUNDRED FIFTY DOLLARS AND 52 CENTS****************************** TO THE ORDER OF DUPACO COMMUNITY CREDIT UNION PO BOX 179 DUBUQUE, IA 52004-0179 / Authorized Signature lid 2E, 2970 I:073900535t: 00 0L3 211' CITY OF DUBUQUE CHECK NO 426292 I AMOUNT l S 15,836.50 VENDOR 13229 BETH A BROWN CHECK DATE 04/28/2016 Activity/Project Account Purchase Order Invoice No Amount Description 2501231 73111 16008486 2249 HAROLD 15,836.50 PURCHASE OF PROPERTY ZZZZ TOTAL $ 15,836.50 426292 NMO?.I ] b H130 THE CITY OF DUBE City 50 estl 13th Street Dubuque, Iowa 52001 iVfasterpiece on the Mississippi DUBUQUE BANK & TRUST CO DUBUQUE, IOWA 45-53 739 Check No. 426292 Date 04/28/2016 Amount $ 15,836.50 PAY FIFTEEN THOUSAND EIGHT HUNDRED THIRTY SIX DOLLARS AND 50 CENTS********************************* TO THE ORDER OF BETH A BROWN 2203 GRAHAM CIRCLE DUBUQUE, IA 52002-2718 (7.'1 �y� ti /;t/ If r/ Authorized Signature �'4262920 1:0?390053SI: 00 0L3 2111 11 11 111 11 11 IIII 0011 Doc ID: 008427320003 Type' GEN Kind: DEED WITH RESOLUTION Recorded: 05/03/2016 at 10:51:23 AM Fee Amt: $148.40 Page 1 of 3 Revenue Tax: $126.40 Dubuque County Iowa John Murphy Recorder Fue2016-00004962 rr, a WARRANTY DEED Return to: 50 W 13th Street, Dubuque, IA 52001 • Preparer: Crenna Bramwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 'ociA0- Taxpayer: City of Dubuque, IA, 50 W 13th Street, Dubuque, IA 52001 For the consideration of Ten Dollar(s) and other valuable consideration, Beth A. Brown, a single person City of Dubuque, Iowa do hereby Convey to the following described real estate in Dubuque County, Iowa: Lot 30 and the North 5 feet of Lot 33 in J. P. Schroeder's Addition to Dubuque, 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 on Beth A. Brown(Grantor) STATE OF IOWA COUNTY OF This record was acknowledged before me on MONA t...RSElq.. Cormnes,on Ny y Gomm. Exp. (Grantor) , by ture of Not i ry Public The Iowa State Bar Association 2016 IowaDocs® Form No. 101, Warranty Deed Revised January 2016 RESOLUTION NO. 136-16 RESOLUTION APPROVING THE ACQUISITION OF REAL ESTATE OWNED BY BETH A BROWN AT 2249 HAROLD STREET IN THE CITY OF DUBUQUE Whereas, the City of Dubuque intends to acquire certain real estate for the purpose of rehabbing and reselling the property 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: Lot 30 and the North 5 feet of Lot 33 in J.P. Schroeder's Addition in the City of Dubuque, Iowa, according to the recorded plat thereof, at the cost of Seventy -Nine Thousand Two Hundred Forty Dollars ($79,240.00). Section 2. That the City of Dubuque hereby approves the acquisition of 2249 Harold Street owned by Beth A. Brown at the cost of Seventy -Nine Thousand Two Hundred Forty Dollars ($79,240.00). 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 Warranty 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 18th, day o ATTEST: Ric ayor Pro -Tem CERTIFICATE of the CITY CLERK STATE OF IOWA SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 136-16 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 19th day of April, 2016. 11 11 11 11 1111 11 Y 11 11 Doc ID 008427330002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 05/03/2016 at 10:51:35 AM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fue2016-00000606 REAL ESTATE TRANSFER GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name Beth A. Brown Address 2203 Graham Circle, Dubuque, IA 52002 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Dubuque, IA Address 50 W. 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 2249 Harold Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 30 and the North 5 feet of Lot 33 in J. P. Schroeder's Addition to Dubuque, in the City of Dubuque, according to the recorded plat thereof 1. Wells (check one) X There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) X There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) X There is no known hazardous waste on this property. There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) X There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in instructions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) loft—L«�2 5. Private Burial Site (check one) X There are no known private burial sites on this property. There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) X AH buildings on this property are served by a public or semi-public sewage disposal system. _ This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: ® The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (Tra ' feror or Agent) FILE WITH RECORDER Telephone No.: DNR form 542-0960 (July 18, 2012) 11 1 1 11 1 1 11 1 1 1 11 REAL ESTATE TRANSFER - DECLARATION OF VALUE Please read the instructions on the reverse side BEFORE completing and filing this form. Part I - TO BE COMPLETED BY BUYER, SELLER OR AGENT Date of Instrument 04/28/2016 ♦ Deed _1 ® Contract _ 2 0 A SELLER: Beth A. Brown . Phone' Seller Address: 2203 Graham Circle. Dubuque. I.A 52002 e-mail• BUYER: City of Dubuque, IA Buyer Address- 50 W 13th Street, Dubuque, IA 52001 e-mail• Address of Property Conveyed: 2249 Harold Street, Dubuque. IA 52001 Phone: (563) 589-4230 Legal Description: See 1 in Addendum Type of Sale: 0 Sale between related parties/family 0 Sale of partial interest 0 Trade 0 Quit Claim Deed 0 Auction Was this a sale of AG LAND to: 0 Corporation 0 Trust 0 Alien 0 Non -Resident Alien 0 Limited Partnership A DECLARATION OF VALUE STATEMENT 1. Total Amount Paid $ 79,240.00 2. Amount Paid for Personal Property (see instructions) $ 3. Amount Paid for Real Property Only (1 minus 2) $ 79,240.00 - I HEREBY DECLARE THAT THE INFORMATION CONTAINED IN PART I OF THIS FORM IS TRUE AND CORRECT AS DETAILED ON THE BACK OF THIS FORM . Printed Name: Beth A. Brown Signature 0 Phone #: ❑ Buyer or ® Seller or 0 Agent or 0 Attorney PART II - TO BE COMPLETED BY THE ASSESSOR Primary Classification: 0 Res _4_ 0 Com _5_ 0 Ind _2_ 0 Ag _1_ ❑ MultiRes _7_ City/Township Primary Parcel Number ♦ YearBlt Occ NUTC • Classification Land Building Dwelling Total Residential Commercial Industrial Agricultural Multi Residential Comments: Effective On or Before 09/01/14 Iowa Department of Revenue IS BA 57006a (07/23/14) Addendum 1. Lot 30 and the North 5 feet of Lot 33 in J. P. Schroeder's Addition to Dubuque, in the City of Dubuque, Iowa, according to the recorded plat thereof