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Sale of Property - 595 Angella Street_Nesteby_Hearing Copyright 2014 City of Dubuque Public Hearings # 4. ITEM TITLE: Sale of Property-595 Angella Street SUMMARY: Proof of publication on notice of public hearing to consider the sale of property located at 595 Angella Street to Craig Nesteby and the City Manager recommending approval. RESOLUTION Disposing of City interest in real property located at 595 Angella Street, in the City of Dubuque, Iowa SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Sale of 595 Angella Street-MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Real Estate Contract Supporting Documentation Proof of Publication 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: Sale of Property Located at 595 Angella Street DATE: July 12, 2016 Housing and Community Development Department Director Alvin Nash recommends City Council approval of the sale of property located at 595 Angella Street to Craig Nesteby, a local contractor, for $250. Mr. Nesteby will remove the deteriorated frame and use the existing foundation to build a single family owner-occupied structure for himself. The City of Dubuque took possession of 595 Angella Street in February 2015 through Court Order by filing for Petition for Title. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Alvin Nash, Housing & Community Development Department Director THE CITY OF Dubuque AII11-America CiI.ty UB E1 Masterpiece on the Mississippi 2007.2012.2013 TO: Michael Van Milligen, City Manager FROM: Alvin Nash, Housing and Community Development Department SUBJECT: Sale of Property Located at 595 Angella Street DATE: July 12, 2016 Introduction The purpose of this memorandum is to request approval of the attached Contract for Sale and Agreement of City owned lot located at 595 Angella Street. Background The City of Dubuque took possession of 595 Angella Street in February 2015 through Court Order by Petition for Title. Previous to the City taking possession, the property was a construction project consisting of a foundation and partially framed structure that didn't meet required setbacks. The owner of the property had discontinued construction and was not maintaining the property. Upon taking possession of the property in February 2015, the Building Department offered the property for sale through a closed bidding process. There was limited response and the highest bidder was not accepted for the project. Staff review of the abstract indicated that the current foot print of the foundation and structure did not meet the required set-backs. A request was granted by the Zoning Adjustment Board for a variance on required set-back requirements. The adjoining property owner also submitted a proposal that was rejected because of their desire to convert the property into a single family college rental. The rental would have increased the number of people utilizing street parking which is already limited because of other rentals in the neighborhood. Discussion City staff recently received a bid proposal for $250 from Craig Nesteby, a local contractor, to purchase the property, remove the deteriorated frame and use the existing foundation to build a single family owner-occupied structure for himself. Upon approval of this proposal, a Real Estate Contract will be executed, as well as a contractual agreement. Nesteby will be responsible for the removal and disposal of the deteriorated frame, construction of a single family home on the existing foundation within one-year of City Council approval, payment of the $250 bid price and maintenance of the lot and public walks. Upon fulfillment of this agreement, the City then would deed the property over to Nesteby. The 21 year restrictive covenant has already been attached to the property with the following provisions: The real estate will be restricted for residential use for no more than one (1) private single-family residential use. The real estate must be owner occupied. Rental of the real estate is not allowed. No portion of the real estate can be rented as an apartment. On July 5, 2016, the City Council, passed Resolution No. 265-16 declaring its intent to dispose of the City-owned lot at 595 Angella Street. Action Step I request that the City Council passes, approves, and adopts the attached resolution, Contract for Sale and Agreement for the property at 595 Angella Street. KLN 2 STATE OF IOWA ISS: DUBUQUE COUNTY CERTIFICATION OF PUBLICATION I, Suzanne Pike, a Billing Clerk for Woodward Communications, Inc., an Iowa corporation, publisher of the Telegraph Herald,a newspaper of general circulation published in the City of Dubuque, County of Dubuque and State of Iowa; hereby certify that the attached notice was published in said newspaper on the following dates: July 8, 2016, and for which the charge is $49.76. u { F f Subscribed to before me Notary Public in and for Dub}ttque County, Iowa, this , day of , 20 //� Notary Public irynp�and ggfor Dubuque County, Iowa. q,tAl� �tf Yn"l�i9,.Y7�.38�B'YA7'd Z.l�Il �h �� ,,;;5±r�n�ission Number i5b8;35 I �G�;t'• hearing may be sub- quired public hearing Property to be held on CITY OF DUBUQUE, mitted to the City WHEREAS,the City,of and Property conveyance of the p y Clerk's Office, City. Dubuque,Iowa'(City)is Property to Craig the 18th;day of July, IOWA Hall,50 W.13th Street, the owner of 595 An- r Nesteby. 2016, at 6:30 o'clock OFFICIAL NOTICE on or before said time gella'Street(the Prop- NOW, THEREFORE, p.m. at the Historic PUBLIC NOTICE is of public hearing° erty) legally described 1 BE IT RESOLVED BY Federal Building, 350 hereby given that the Copies of supporting as THE "CITY COUNCIL I West 6th Street,Dubu- City Council of the City 4 dpcuments`for the pub- Lot 21 of 061gley's_ OF THE CITY OF DU- que,Iowa. of Dubuque, Iowa, will 4'lic hearings are on file Subdivision, of Out BUQUE,IOWA: Passed,approved and hold a-public hearing in the City Clerk's Of- Lot 709 in the City of Section 1. That the adopted this 5th day of On the 18th day of July, flee, and:- may be Dubuque, :Iowa, ao- I City of Dubuque, Iowa July,2016: 2016,at 6:30 p.m.in the viewed during normal cording to he,re- intends to dispose of Roy D.Buol,Mayor Historic Federal Build- ,working hours° corded Plat ®f,said I, its interest in the fol Attest:Kevin S. ing, 350 West 6th Any visual or hearing Addition lowing legally-descri- Firnstahl,city Clerk Street, second floor, impaired persons WHEREAS, 'City ac- bed property: It 7/8 Dubuque Iowa, . at needing special assis- quired the Property as Lot 21 of Quigley's which meeting the City tance or persons with vacant/ab,a,ndoned Subdivision of Out Council proposes to! special accessibility property in which the ! Lot 709 in the City of dispose of an interest{ needs ,should contact.1 City,of Dubuque took Dubuque, Iowa, ac- in the following descri-I the City Clerk's Office possession of in Febru- cording to the re- i bed real property byIat (563) 589-4100 or ary;2015 through Court corded Plat of said sale to . Dawn, M. TTY (563) 690-6678 at Order,by filing for pets— Addition Adams: least 48 hours prior to tion for;and Section 2° That the Lot 21 of Quigley's I the meeting. WHEREAS, City and City of Dubuque, Iowa, , Subdivision of Out, Dated this 8th day of Craig Nesteby entered pV,6N,ses`to dispose of Lot 709,\in the City of July,2016. into a Contract Agree its interest in the Prop Dubuque, Iowa, ac- Kevin`S.Firnstahl, merit pursuant to- erty to Craig Nesteby cording to the re- CMC,City Clerk which City will convey` for the sum of Two corded plat thereof It 7/8 the Property to Craig Hundred Fifty dollars (locally known as RESOLUTION Nestebyas approved ($250.00). 595 Angella Street) I NO.265-16 by the City Council; Section 3. That the At the meeting, the INTENT TODISPOSE and I City Clerk is hereby au- City Council will °re- OF AN INTEREST IN WHEREAS,:conveying` thorized and directed ' ceive oral and written CITY OF DUBUQUE the Property to Craig 1, to cause this Resolu comments from any REAL ESTATE, SET- I Nesteby is'consistent 1 tion and a notice.to be resident or property TING A TIME AND with the City's intent published as prescri owner of said City to PLACE FOR HEARING for this specific proper li bed by Iowa Code Sec- the above action.Writ- AND PROVIDING FOR I ty and tion 364.7 of a public ten comments regard- THE PUBLICATION OF WHEREAS, City de- hearing on the City's ing the above public NOTICE THEREOF sires to hold_the re-- intent to dispose of the i 1111111 ii iii iii 1111111111111111111111111 ii ii iiioi 1111111111 ioiii /111111 Doc ID 008503250016 Type' GEN Kind: CONTRACT Recorded: 09/01/2016 at 10:31:29 AM Fee Amt: $97.00 Page 1 of 16 Dubuque County Iowa John Murphy Recorder Fi1e2016-00011433 A REAL ESTATE CONTRACT INSTALLMENTS THE IOWA STATE BAR ASSOCIATION Official Form No. 142 Recorder's Cover Sheet ociAl Preparer Information: (Name, address and phone number) Crenna Brumwell, 300 Main Street, Suite 330, Dubuque, IA 52001, Phone: (563) 589-4381 Taxpayer Information: (Name and complete address) Craig A. Nesteby 703 Hill Street Dubuque, IA 52001 Return Document To: (Name and complete address) Craig A. Nesteby 703 Hill Street Dubuque, IA 52001 Grantors: City of Dubuque, a municipal corporation Grantees: Craig A. Nesteby, a single person Legal description: See Page 2 Document or instrument number of previously recorded documents: © The Iowa State Bar Association 2013 IOWADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 142 Crenna Brumwell FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STA:rA. 7 REAL ESTATE CONTRACT - INSTALLMENTS 7 Ss°CI/0 - IT IS AGREED this 30 day of , 2016 , by and between City of Dubuque of the County Dubuque State of Iowa, Sellers; and Craig A. Nestebv, a single person of the County Dubuque State of Iowa, Buyers; Buyers, and the Buyers in to purchase the following of Iowa, to -wit: thereto, but with such certain personal property if hereto and marked said property the total of IA 52001 , That the Sellers, as in this consideration of the premises, described real estate situated Lot 21 of Quigley's Subdivision (locally known as 595 Angella) together with any easements reservations and exceptions and as may be herein described Exhibit A" all upon the terms 1. TOTAL PURCHASE PRICE. $1.00 due contract provided, agree to sell to the hereby agree with the Sellers in the County Dubuque State of Out Lot 709 in the City of Dubuque, Iowa and servient estates appurtenant of title as may be below stated, and or if and as an itemized list is attached and conditions following: The Buyers agree to pay for and payable at 50 W. 13th Street, Dubuque, Dubuque County, Iowa, as follows: of $125.00 RECEIPT OF WHICH IS HEREBY as follows: (a) DOWN PAYMENT ACKNOWLEDGED: (b) BALANCE OF PURCHASE at closing 2. POSSESSION. Buyers, entitled to possession of thereafter so long as they subject to the rights of lessees possession. so indicate by and PRICE. $ 125.00 concurrently with due performance on their part shall be said premises on the 20 day of JULY , 2017 ; and shall perform the obligation of this contract. and are entitled to rentals therefrom 'yes' in the space following: No If Buyers are taking on and after date of © The Iowa State Bar Association 2015 142 REAL ESTATE CONTRACT INSTALLMENTS IOWADOCS® Revised January 2015 3. TAXES. Sellers shall pay: None. and any unpaid taxes thereon payable in prior years. Buyers shall pay any taxes not assumed by Sellers and all subsequent taxes before same become delinquent. Whoever may be responsible for the payment of said taxes, and the special assessments, if any, each year, shall furnish to the other parties evidence of payment of such items not later than July 15 of each year. Any proration of taxes shall be based upon the taxes for the year currently payable unless, the parties state otherwise. (Decide, for yourself, if that formula is fair if Buyers are purchasing a lot with newly built improvements). 4. SPECIAL ASSESSMENTS. Sellers shall pay the special assessments against this property: (a) Which, if not paid, in the year , would bccomc dclinqucnt and all asscs✓mcntc payablc prior thereto. (b) Which are a lien thereon as of closing . (Date) (c) Including all sewage disposal assessments for overage charge heretofore assessed by any municipality having jurisdiction as of date of possession. Buyers, except as above stated, shall pay all subsequent special assessments and charges, before they become delinquent. 5. MORTGAGE-. Any mortgage or encumbrance of a similar nature against the said property shall be timely paid by Sellers so as not to prejudice the Buyers' equity herein. Should Sellers fail to pay, Buyers may pay any such sums in default and shall receive credit on this contract for such sums so paid. MORTGAGE BY SELLERS. Sellers, their successors in interest or assigns may, and hereby reserve the right to at any time mortgage their right, title or interest in such premises or to renew or extend any existing mortgage for any amount not exceeding N/A % of the then unpaid balance of the purchase price herein provided. The interest rate and amortization thereof shall be no more onerous than the installment requirements of this contract. Buyers hereby expressly consent to such a mortgage and agree to execute and deliver all necessary papers to aid Sellers in securing such a mortgage which shall be prior and paramount to any of Buyers' then rights in said property. DEED FOR BUYERS SUBJECT TO MORTGAGE. If Buyers have reduced the balance of this contract to the amount of any existing mortgage balance on said premises, they may at their option, assume and agree to pay said mortgage according to its terms, and subject to such mortgage shall receive a deed to said premises or Sellers, at their option, any time before Buyers have made such a mortgage commitment, may reduce or pay off such mortgage. ALLOCATED PAYMENTS. Buyers, in the event of acquiring this property from an equity holder instead of a holder of the fee title, or in the event of a mortgage against said premises, reserve the right, if reasonably necessary for their protection to divide or allocate the payments to the interested parties as their interests may appear. SELLERS AS TRUSTEES. Sellers agree that they will collect no money hereunder in excess of the amount of the unpaid balance under the terms of this contract less the total amount of the encumbrance on the interest of Sellers or their assigns in said real estate and if Sellers shall hereafter collect or receive any moneys hereunder beyond such amount, they shall be considered and held as collecting and receiving said money as the agent and trustee of the Buyers for the use and benefit of the Buyers. 6. INSURANCE. Except as may be otherwise included in the last sentence of paragraph 1 (b) above, Buyers on and from said date of possession, shall constantly keep in force insurance, premiums therefore to be prepaid by Buyers (without notice or demand) against loss by fire, tornado and other hazards, casualties and contingencies as Sellers may reasonably require on all buildings and improvements, now on or hereafter placed on said premises and any personal property which may be the subject of this contract, in companies to be reasonably approved by Sellers in an amount not less than the full insurable value of such improvements and personal property or not less than the unpaid purchase price herein whichever amount is smaller with such insurance payable to Sellers and Buyers as their interests may appear. Sellers' interest shall be protected in accordance with a standard or union-type loss payable clause. BUYERS SHALL PROMPTLY DEPOSIT SUCH POLICY WITH PROPER RIDERS WITH SELLERS for the further security for the payment of the sums herein mentioned. In the event of any such casualty loss, the insurance proceeds may be used under the supervision of the Sellers to replace or repair the loss If the proceeds be adequate; if not, then some other reasonable application of such funds shall be made; but in any event such proceeds shall stand as security for the payment of the obligations herein. 7. CARE OF PROPERTY. Buyers shall take good care of this property; shall keep the buildings and other improvements now or hereafter placed on the said premises in good and reasonable repair and shall not injure, destroy or remove the same during the life of this contract. Buyers shall not make any material alteration in said premises without the written consent of the Sellers. Buyers shall not use or permit said premises to be used for any illegal purpose. 8. LIENS. No mechanics' lien shall be imposed upon or foreclosed against the real estate described herein. 9. ADVANCEMENT BY SELLERS. If Buyers fail to pay such taxes, special assessments and insurance and effect necessary repairs, as above agreed, Sellers may, but need not, pay such taxes, special assessments, insurance and make necessary repairs, and all sums so advanced shall be due and payable on demand or such sums so advanced may, at the election of Sellers, be added to the principal amount due hereunder and so secured. (For Buyers' rights to make advancements, see paragraph 5 above.) 10. JOINT TENANCY IN PROCEEDS AND SECURITY RIGHTS IN REAL ESTATE. If and only if, the Sellers immediately preceding this sale, hold the title to the above described property in joint tenancy, and such joint tenancy has not later been destroyed by operation of law or by acts of the Sellers, this sale shall not constitute such destruction and the proceeds of this contract, and any continuing and/or recaptured rights of Sellers in said real estate, shall be and continue in Sellers as joint tenants with rights of survivorship and not as tenants in common; and Buyers, in the event of the death of one of such joint tenants, agree to pay any balance of the proceeds of this contract to the surviving Seller (or Sellers) and to accept deed solely from him or them consistent with paragraph 14 below unless and except this paragraph is stricken from the agreement. 11. SELLERS. Spouse, if not titleholder immediately preceding this sale, shall be presumed to have executed this Instrument only for the purpose of relinquishing all rights of dower, homestead and distributive share and/or in compliance with section 561.13 Code of Iowa; and the use of the word "Sellers" in the printed portion of this contract, without more, shall not rebut such presumption, nor in any way enlarge or extend the previous interest of such Spouse in said property, or in the sale proceeds, nor bind such spouse except as aforesaid, to the terms and provisions of this contract. 12. TIME IS OF THE ESSENCE. Time is of the essence in this Agreement. Failure to promptly assert rights of Sellers herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. 13. EXCEPTIONS TO WARRANTIES OF TITLE. The warranties of title in any Deed made pursuant to this contract (See paragraph 14) shall be without reservation or qualification EXCEPT: (a) Zoning ordinances; (b) Such restrictive covenants as may be shown of record; (c) Easements of record, if any; (d) As limited by paragraphs 1, 2, 3 and 4 of this contract; (e) Sellers shall give Special Warranty as to the period after equitable title passes to Buyers; (f) Spouse if not titleholder, need not join in any warranties of the deed unless otherwise stipulated: (g) (Mineral reservations of record?) (h) (Liens?) (Easements not recorded?) (Interests of other parties?) (Lessees?) 14. DEED AND ABSTRACT, BILL OF SALE. If all said sums of money and interest are paid to Sellers during the life of this contract, and all other agreements for performance by Buyers have been complied with, Sellers will execute and deliver to Buyers a Special Warranty Deed conveying said premises in fee simple pursuant to and in conformity with this contract and Sellers will at this time deliver to Buyers an abstract showing merchantable title, in conformity with this contract. Such abstract shall begin with the government patent (unless pursuant to the Iowa State Bar Association title standards there is a lesser requirement as to period of abstracting) to said premises and shall show title thereto in Sellers as of the date of this contract; or as of such earlier date if and as designated in the next sentence. This contract supersedes the previous written offer of Buyers to buy the above described property which was accepted by Sellers on the day of N/A , . Sellers shall also pay the cost of any abstracting due to any act or change in the personal affairs of Sellers resulting in a change of title by operation of law or otherwise. If any personal property is a part of this agreement, then upon due performance by Buyers, Sellers shall execute and deliver a Bill of Sale consistent with the terms of this contract. Sellers shall pay all taxes on any such personal property payable in N/A , and all taxes thereon payable prior thereto. 15. APPROVAL OF ABSTRACT. Buyers have examined the abstract of title to this property and such abstract is accepted. 16. FORFEITURE. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/ or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if the Buyers. or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. 17. FORECLOSURE AND REDEMPTION. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest at all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure end upon the contract obligation. It is agreed that if this contract covers Tess than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriffs sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings: all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successor in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. 18. ATTORNEY'S FEES. In case of any action, or in any proceedings in any Court to collect any sums payable or secured herein, or to protect the lien or title herein of Sellers, or in any other case permitted by law in which attorney's fees may be collected from Buyers, or imposed upon them, or upon the above described property, Buyers agree to pay reasonable attorneys' fees. 19. INTEREST ON DELINQUENT AMOUNTS. Either party will pay interest at the highest legal contract rate applicable to a natural person to the other on all amounts herein as and after they became delinquent, and/or on cash reasonably advanced by either party pursuant to the terms of this contract, as protective disbursements. 20. ASSIGNMENT. In case of the assignment of this contract by either of the parties, prompt notice shall be given to the other parties, who shall at the time of such notice be furnished with a duplicate of such assignment by such assignors. Any such assignment shall not terminate the liability of the assignor to perform, unless a specific release in writing is given and signed by the other party to this contract. 21. PERSONAL PROPERTY. If this contract includes the sale of any personal property, then in the event of the forfeiture or foreclosure of this contract, such personal property shall be considered indivisible with the real estate above described; and any such termination of Buyers' rights in said real estate shall concurrently operate as the forfeiture or foreclosure hereof against all such personal property. 22. CONSTRUCTION. Words and phrases herein, including acknowledgments hereof, shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. See paragraph 11 above, for construction of the word "Sellers." 23. RELEASE OF RIGHTS. Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 24. LEAD-BASED PAINT NOTICE. If applicable, see attached Disclosure of Information on Lead-Based and/or Lead-Based Paint Hazards. 25. CERTIFICATION. Buyers and Sellers 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. 26. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the provisions set forth in Paragraph A shall be deemed selected. (a). Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. (b) The Property is served by a private : cwagc d-i ;pesa-I cre4cm, Of tt-icrc is a Ovate cewage-disposal system on thc Property. Seller and Buyer agree to thc provision selected in the attached Addendum for Frtspection of Private Sewage Disposal System. - - _ this transaction IS exempt from the time of transfer inspection requirements by reason that 27. SPECIAL PROVISIONS. See Addendum 1 I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. f Dated: "Z,,9. Dated: Executed in duplicate or triplicate City of Dubu a municipal yorporation Ot Roy D. B,1 50 W. 13th Street Dubuque, IA 52001 SELLERS' ADDRESS ELLERS BUYERS BUYERS BUYERS 703 Hill Street Dubuque, IA 52001 BUYERS' ADDRESS STATE OF IOWA , COUNTY OF DUBUQUE This record was acknowledged before me this by Yat3, A. N e.s' b Si. r ature of Notarr Pu STATE OF IOWA , COUNTY OF DUBUQUE Thivepprd wa . acknowledged before me this day of by f( �tf PAMELA J. MCCAm ON C::. omission Number 772419 Lxp. '; Addendum for Inspection of Private Sewage Disposal System Buyer and Seller agree on the following initialed alternative to comply with the time of transfer inspection of private sewage disposal systems: _ There is a private sewage disposal system on this Property which serves the Property. Seller has obtained or shall obtain at Seller's expense within days a certified inspector's report which documents the condition of the private sewage disposal system, that it is of sufficient capacity to serve the Property, that the continued use of the system is permitted, and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. Seller shall attach the inspection report to the Groundwater Hazard Statement to be filed at closing. If Seller receives an unsatisfactory report, the basis of which cannot be resolved between Buyer and Seller within days of delivery of a copy to Buyer, then upon written notice from Buyer to Seller, this agreement shall be null and void and all earnest money paid hereunder shall be returned immediately to Buyer. _ There is a 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. Buyer shall execute 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. Buyer shall attach a copy of the binding acknowledgment to the Groundwater Hazard Statement to be filed at closing. When the inspection is completed, an amended Groundwater Hazard Statement shall be filed with the certified inspection and shall include the document numbers of both the real estate transfer document and the original Groundwater Hazard Statement Seller agrees at closing to deposit the sum of $ Dollars into escrow with ("Escrow Agent") ;to reimburse Buyer for expenses incurred for the cost of the inspection and any required modifications to the private disposal system. Escrow Agent shall pay to Buyer, up to the amounts held in escrow, amounts for required modifications after any such modifications are completed and upon submission to Escrow Agent of a detailed invoice. If no modifications are required, the entire escrow account shall be returned to Seller. Any funds remaining in the escrow account after any required modifications shall be returned to Seller. Seller shall not be responsible for any cost in excess of the escrow deposit. There is a private sewage disposal system on this Property. The building to which the sewage disposal system is connected will be demolished without being occupied. Buyer shall execute a binding acknowledgement with the county board of health to demolish the building within an agreed upon time period. Buyer shall attach a copy of the binding acknowledgement to the Groundwater Hazard Statement to be filed at closing. _ There is a private sewage disposal system on this Property. The private sewage disposal system has been installed within the past two years pursuant to permit number Addendum 1. 27.1 Buyer must provide and maintain the following insurance: 1) Dwelling coverage in the amount of $1,000,000 naming the City of Dubuque as an additional insured insurance 2) Insurance in compliance with the City of Dubuque Insurance Schedule A which is attached. Said insurance must remain in effect until such time as the construction is complete or the contract is fulfilled, whichever is later. 27.2 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 Agreement, it shall become automatically void and neither party shall be bound by the terms and conditions set forth herein. 27.3 Buyer agrees, within three -hundred sixty five (365) days of this Agreement, to demolish the framework at 595 Angella and complete construction of a single family home re -using the existing foundation on the Real Estate. 27.4 There are no guarantees or warranties express or implied as to the environmental conditions existing at the Real Estate. 27.5 The terms of Section 27 shall in all respects survive the closing. City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), or Right of Way Permit Holders Insurance Schedule A shall furnish a signed Certificate of Insurance (CO1) to the City of Dubuque, Iowa for the coverage required in Exhibit I prior to contract or lease commencement. All lessees of City property and Right of Way Permit Holders shall submit an updated COI annually. Each Certificate shall be prepared on the most current ACORD form approved by the Department of Insurance or an equivalent. Each certificate shall include a statement under Description of Operations as to why issued. Eg: Project or Lease of premises at or construction of or right of way permitted location and description 2. All policies of insurance required hereunder shall be with a carrier authorized to do business in Iowa and all carriers shall have a rating of A or better in the current A.M. Best's Rating Guide. 3. Each Certificate shall be furnished to the contracting department of the City of Dubuque. 4. Failure to provide minimum coverage shall not be deemed a waiver of these requirements by the City of Dubuque. Failure to obtain or maintain the required insurance shall be considered a material breach of this agreement. 5. All required endorsements to various policies shall be attached to Certificate of insurance. 6. Whenever a specific ISO form is listed, an equivalent form may be substituted subject to the provider identifying and listing in writing all deviations and exclusions that differ from the ISO form. 7. Provider shall be required to carry the minimum coverage/limits, or greater if required by law or other legal agreement, in Exhibit I. 8. Whenever an ISO form is referenced the current edition of the form must be used. If provider's limits of liability are higher than the required minimum limits then the provider's limits shall be this agreement's required limits. Page 1 of 3 r'nnv Schedule A Property Or Vendors May 2016 - City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), or Right of Way Permit Holders Insurance Schedule A (continued) Exhibit 1 A) COMMERCIAL GENERAL LIABILITY General Aggregate Limit $2,000,000 Products -Completed Operations Aggregate Limit $1,000,000 Personal and Advertising Injury Limit $1,000,000 Each Occurrence $1,000,000 Fire Damage Limit (any one occurrence) $ 50,000 Medical Payments $ 5,000 a) Coverage shall be written on an occurrence, not claims made, form. The general liability coverage shall be written in accord with ISO form CG0001 or business owners form BP0002. All deviations from the standard ISO commercial general liability form CG 0001, or Business owners form BP 0002, shall be clearly identified. b) Include ISO endorsement form CG 25 04 "Designated Location(s) General Aggregate Limit." c) Include endorsement indicating that coverage is primary and non-contributory. d) Include endorsement to preserve Governmental Immunity. (Sample attached). e) Include an endorsement that deletes any fellow employee exclusion. f) Include additional insured endorsement for: The City of Dubuque, including all its elected and appointed officials, all its employees and volunteers, all its boards, commissions and/or authorities and their board members, employees and volunteers. Use ISO form CG 20 10 (Ongoing operations) or its equivalent. g) If vendor utilizes Trikkes or Segways in the conduct of business, include an endorsement reflecting that these vehicles are not excluded from Commercial General Liability coverage. B) WORKERS' COMPENSATION & EMPLOYERS LIABILITY Statutory benefits covering all employees injured on the job by accident or disease as prescribed by Iowa Code Chapter 85 as amended. Coverage A Coverage B Statutory—State of Iowa Employers Liability Each Accident $100,000 Each Employee -Disease $100,000 Policy Limit -Disease $500,000 Policy shall include an endorsement providing a waiver of subrogation to the City of Dubuque. C) Pollution Liability Coverage required: yes no Pollution Liability coverage shall be required if lessee has any pollution exposures including abatement of hazardous or contaminated materials including, but not limited to, petroleum products, the removal of lead, asbestos, or PCB's. Pollution product and complete operations coverage shall also be covered. $2,000,000 each occurrence $4,000,000 policy aggregate a) Policy to include premises and transportation coverage. b) Include additional insured as stated in Af above. c) Include preservation of governmental immunity as stated in Ad above. d) Provide evidence of coverage for 5 years after completion of project. Page 2 of 3 Schedule A Property Or Vendors May 2016 - Conv City of Dubuque Insurance Requirements for Tenants and Lessees of City Property or Vendors (Suppliers, Service Providers), or Right of Way Permit Holders Preservation of Governmental Immunities Endorsement 1. Nonwaiver of Governmental Immunity. The insurance carrier expressly agrees and states that the purchase of this policy and the including of the City of Dubuque, Iowa as an Additional Insured does not waive any of the defenses of governmental immunity available to the City of Dubuque, Iowa under Code of Iowa Section 670.4 as it is now exists and as it may be amended from time to time. 2. Claims Coverage. The insurance carrier further agrees that this policy of insurance shall cover only those claims not subject to the defense of governmental immunity under the Code of Iowa Section 670.4 as it now exists and as it may be amended from time to time. Those claims not subject to Code of Iowa Section 670.4 shall be covered by the terms and conditions of this insurance policy. 3. Assertion of Government Immunity. The City of Dubuque, Iowa shall be responsible for asserting any defense of governmental immunity, and may do so at any time and shall do so upon the timely written request of the insurance carrier. 4. Non -Denial of Coverage. The insurance carrier shall not deny coverage under this policy and the insurance carrier shall not deny any of the rights and benefits accruing to the City of Dubuque, Iowa under this policy for reasons of governmental immunity unless and until a court of competent jurisdiction has ruled in favor of the defense(s) of governmental immunity asserted by the City of Dubuque, Iowa. No Other Change in Policy. The above preservation of governmental immunities shall not otherwise change or alter the coverage available under the policy. Page 3 of 3 (-rim/ SPECIMEN Schedule A Property Or Vendors May 2016 - Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 RESOLUTION NO. 279-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 595 ANGELLA STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 265-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 595 Angella Street, legally described as: Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa, according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 18th day of July, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Real Estate Contract and subsequent Special Warranty Deed for the sale to Craig Nesteby according to the terms and conditions set out in the Real Estate Contract is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Real Estate Contract by and between the City of Dubuque and Craig Nesteby for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Craig Nesteby. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract the Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed conveying the City's interest in the Property to Craig Nesteby. Section 5. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of July, 2016. Attest: Kevin S. Firnstahl, City Clerk Roy D. Bud"Mayor STATE OF IOWA CERTIFICATE of the CITY CLERK ) 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. 279-16 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 25th day of July, 2016. Kevin S irnstahl,i` MC, City Clerk 111113111111111111ellall1311111111111 Doc ID: 008503260002 Type: GWH Kind: GROUNDWATER HAZARD Recorded: 09/01/2016 at 10:32:51 AM Fee Amt: $0.00 Page 1 of 2 Dubuque County Iowa John Murphy Recorder Fi1e2016-00001541 REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name City of Dubuque, Iowa Address 50 West 13th Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name Craig A. Nesteby Address 703 Hill Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: 595 Angella Street, Dubuque, IA 52001 Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa 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) ROtQ4;3 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 All buildings on this property are served by a public or semi-public sewage disposal system. This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. _ There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. ® There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. ® There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: ® The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT 1 HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: (TransfeYor V Telephone No.: (563) 589-4239 FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) Prepared by: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Return to: Crenna Brumwell, 300 Main Street, Suite 330, Dubuque IA 52001 563 589-4381 Tax Statement to: Craig A. Nesteby 703 Hill Street Dubuque, IA 52001 SPECIAL WARRANTY DEED KNOW ALL MEN BY THESE PRESENTS: that the City of Dubuque, Iowa, a municipal corporation of the State of Iowa (Grantor), in consideration of the Grantee named below, and other good and valuable consideration, and pursuant to the authority of Chapter 403, Code of Iowa, does hereby GRANT, SELL, AND CONVEY unto Craig A. Nesteby, a single person, the following legally described real estate situated in the County of Dubuque, State of Iowa, to wit (the Property): Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa (595 Angella Street) This Deed is exempt from transfer tax pursuant to Iowa Code Section 428A.2(6). This Deed is given pursuant to the authority of Resolution No. 279-16 of the City Council of the City of Dubuque adopted the 18th day of July, 2016, the terms and conditions thereof, if any, having been fulfilled. Grantor hereby covenants to warrant and defend the said premises against the lawful claims of all persons whomsoever claiming by, through and under it. Dated this27 lay of o'/ , 2017 at Dubuque, Iowa. CITY OF DUBU E IOWA Roil/ Bqc I, Mayor Attest: By: Kev'n . Firnstahl,y Clerk STATE OF IOWA SS COUNTY OF DUBUQUE On this "--rday of Pr Gr—c.i, 2017, before me a Notary Public in and for said County, personally appeared Roy D. Buol and Kevin S. Firnstahl to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Dubuque, Iowa, a Municipal Corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipal Corporation, and that said instrument was signed and sealed on behalf of said Municipal Corporation by authority and resolution of its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said Municipal Corporation by it voluntarily executed. Nota 1 ublic in and for Dubuque County, Iowa TRISH L, GLEASON mission Number 719986 y Commission Expires 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 Clerk of 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. 279-16 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 23rd day of February, 2017. Trish L. Gleason, Assistant City Clerk (SEAL) Prepared bv: Crenna Brumwell. 300 Main Street. Suite 330. Dubuoue IA 52001 563 589-4381 Return to: Kris Neyen, 350 W. 6th Street, Dubuque IA 52001 563 589-4239 RESOLUTION NO. 279-16 DISPOSING OF CITY INTEREST IN REAL PROPERTY LOCATED AT 595 ANGELLA STREET, IN THE CITY OF DUBUQUE, IOWA Whereas, the City Council, by Resolution No. 265-16, dated the 5th day of July, 2016, declared its intent to dispose of City interest in real property located at 595 Angella Street, legally described as: Lot 21 of Quigley's Subdivision of Out Lot 709 in the City of Dubuque, Iowa, according to the recorded Plat of said Addition (the Property); and Whereas, pursuant to published notice, a public hearing was held on the proposed disposition on the 18th day of July, 2016 at 6:30 p.m. in the Historic Federal Building, 350 W. 6th Street, Dubuque, Iowa; and Whereas, it is the determination of the City Council that approval of the Real Estate Contract and subsequent Special Warranty Deed for the sale to Craig Nesteby according to the terms and conditions set out in the Real Estate Contract is in the public interest of the City of Dubuque. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA; Section 1. The Real Estate Contract by and between the City of Dubuque and Craig Nesteby for the sale of the Property, a copy attached hereto, is hereby approved. Section 2. The Mayor and City Clerk are hereby authorized and directed to execute the Real Estate Contract conveying an interest in the Property to Craig Nesteby. Section 3. That the City Clerk is hereby authorized and directed to cause said Real Estate Contract to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Section 4. Upon successful completion of the terms and conditions outlined in the Real Estate Contract the Mayor and City Clerk are hereby authorized and directed to execute a Special Warranty Deed conveying the City's interest in the Property to Craig Nesteby. Section 5. That the City Clerk is hereby authorized and directed to cause said Special Warranty Deed to be delivered to the City Attorney's Office, together with a certified copy of the Resolution. Passed, approved, and adopted this 18th day of July, 2016. Attest: Kevin S.L.Firnstahl, Cit' Clerk (() Roy D. B , Mayor