HomeMy WebLinkAbout2020-02-10-Resolution 2020-060_Residential Purchase Agreement, 310 7th StTHE CITY OF WAUKEE, IOWA
RESOLUTION 2020-060
RESOLUTION APPROVING RESIDENTIAL PURCHASE AGREEMENT FOR
CERTAIN PROPERTY LOCATED IN THE CITY OF WAUKEE
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND
WHEREAS, the City desires to enter into an Residential Purchase Agreement (hereinafter
referred to as the "Agreement') and said Agreement has been accepted by the Seller, James A
and Karen L Ash, for certain property locally known as 310 7t' Street, Waukee, Iowa; AND
WHEREAS, the City Council of the City of Waukee deems it to be in the best interest of the
City to purchase the property; AND
WHEREAS, the proposed Agreement between James A Ash and Karen L Ash and the City of
Waukee is attached as Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waukee that the
Residential Purchase Agreement attached hereto as Exhibit A is approved.
BE IT FURTHER RESOLVED that City Staff is directed to proceed in accordance with the
Agreement. Upon the determination of the City Attorney that the conditions of the offer have
been satisfied and title delivered staff is authorized and directed to proceed with closing.
Passed by the City Council of the City of Waukee, Iowa, and approved the 10t' day of February,
2020,
Attest: !!
Q,tl� (0
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AVE
Anna Bergman
X
R. Charles Bottenberg
Chris Crone
X
Larry R. Lyon
X
VACANT SEAT
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Courtney Clarke, Mayor
NAY ABSENT
X
ABSTAIN
RESIDE,NTIAI. PURCHASE AGREEMENT
TO: James A. Ash and Karen L. Ash (SELL,ERS)
The undersigned BUYERS, subject to City Council approval, hereby offer to buy and the
undersigned SELLERS by their acceptance agree to sell the real property situated in Dallas
County, Iowa, locally known as 310 7`f' Street, Waukee and legally described as:
I_,ots One (1) and Two (2) in Block Seven (7) Fourth Addition to the Town of
Waukee. Dallas County, lowa, and a strip four (4) feet wide, abutting said Lots One
(1) and Two (2) being described as follows: Commencing at the northeast corner
of Lot One (1) in Block Seven (7), Fourth Addition to Waukee, thence north four
(4) feet, thence west one hundred (100) feet, thence south four (4) feet, thence east
to beginning, being a part of Maple Street vacated.
together with any easements and appurtenant servient estates, but subject to any reasonable
casements of record for public utilities or roads, any zoning restrictions, customary restrictive
covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the
following terms and conditions provided BUYERS, on possession, are permitted to use the
Property for residential purposes:
1. PURCHASE PRICE. The Purchase Price shall be $65,000,00 and the method of'
payment shall be as follows:
$ 1,000.00 with this offer to be deposited upon acceptance of this offer and held in trust by
Brick Gentry P.C. as earnest money to be delivered to the SELLERS upon performance of"
SELLERS' obligations and satisfaction of BUYERS' contingencies, if any; and the balance of
the Purchase Price: in cash at the time of closing with adjustment for closing costs to be added
or deducted from this amount. This Agreement is not contingent upon BUYERS obtaining
such funds.
2. REAL ESTATE TAXES. A. SELLERS shall pay all real estate taxes that are due and
payable as of the date of'possession and constitute a lien against the Property, including any unpaid
real estate taxes for any prior years.
13. SELLERS shall pay their prorated share, based upon the date of possession, of the real
estate taxes for the fiscal year in which possession is given (ending ,tune 30, 2020) due and payable
in the subsequent fiscal year (commencing July 1, 2021).
BUYERS shall be given a credit for such proration at closing (unless this agreement is for
an installment contract) based upon the last known actual net real estate taxes payable according
to public record. Ilowever, if such taxes are based upon a partial assessment of the present property
improvements or a changed tax classification as of the date of possession, such proration shall be
based on the current millage rate, the assessed value, legislative tax rollbacks and real estate tax
exemptions that will actually be applicable as shown by the Assessor's Records on the date of
possession.
C. BUYERS shall pay all subsequent real estate taxes.
3. SPECIAL ASSESSMENTS. A. SELLERS shall pay in full all special assessments
which are alien on the Property as of the date of acceptance of this offer.
B. If "A" is stricken, then SELLERS shall pay all installments of special assessments which
are a lien on the Property and, i ('not paid, would become delinquent during the calendar year this
offer is accepted, and all prior installments thereof.
C. All charges for solid waste removal, sewage and maintenance that are attributable to
SFLL,I RS' possession, including those for which assessments arise after closing, shall be paid by
SELLERS.
D. Any preliminary or deficiency assessment which cannot be discharged by payment shall
be paid by SELLERS through an escrow account with sufficient funds to pay such liens when
payable, with any unused funds returned to SELLERS.
I. BUYERS shall pay all other special assessments.
4. RISK OF LOSS AND INSURANCE. SELLERS shall bear the risk of loss or damage
to the Property prior to closing or possession, whichever first occurs. SELLERS agree to maintain
existing insurance and BUYERS may purchase additional insurance. In the event of substantial
damage or destruction prior to closing, this Agreement shall be null and void; provided, however.
BUYERS shall have the option to complete the closing and receive insurance proceeds regardless
of the extent of damages. The property shall be deemed substantially damaged or destroyed if it
cannot be restored to its present condition on or before the closing date.
5. POSSESSION AND CLOSING. If BUYERS timely perform all obligations,
possession of the Property shall be delivered to BUYERS on February 19, 2020, and any
adjustments of rent, insurance, taxes, interest and all charges attributable to the SELLERS'
possession shall be made as of the date of possession. The closing date is subject to adjustment by
BUYERS in its sole discretion, Closing shall occur after approval of title by buyers' attorney and
vacation of the Property by SELLERS, but prior to possession by BUYERS. SELLERS agree to
permit BUYERS to inspect the Property within 48 hours prior to closing to assure that the premises
are in the condition required by this Agreement. This transaction shall be considered closed upon
the filing of title transfer documents and receipt of all funds then due at closing from BUYERS
under the Agreement.
6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to,
are specifically adapted to or are a part of the real estate, whether attached or detached, such as:
attached wall-to-wall carpeting, built-in appliances, light fixtures (including light bulbs), water
softeners (except rentals), shutters, shades, rods, blinds, venetian blinds, awnings, storm windows,
storm doors, screens, television antennas (including satellite dishes), air conditioning equipment
(except window type), door chimes, automatic garage door openers, electrical service cables,
attached mirrors. fencing, gates, attached shelving, bushes, trees, shrubs and plants. Also included
shall be the following:
All Fixtures Included.
The Sollowing items shall not be included:
7. CONDITION OF PROPERTY.
A. 'File property as of the date of this Agreement including buildings, grounds, and all
improvements will be preserved by the SELLERS in its present condition until possession,
ordinary wear and tear excepted.
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C. If "B" is deleted, BUYERS acknowledge that they have made a satisfactory inspection
of the Property and are purchasing the Property in its existing condition.
8. ABSTRACT AND TITLE. SELLERS, at their expense, shall promptly obtain an
abstract of title to the Property continued through the date of acceptance of this Agreement and
deliver it to BUYERS' attorney for examination. It shall show merchantable title in SELLERS in
conformity with this Agreement, Iowa law. and Title Standards ofthe Iowa State Bar Association.
The SELLERS shall make every reasonable effort to promptly perfect title. If closing is delayed
due to SELLERS' inability to provide marketable title, this Agreement shall continue in force and
effect until either party rescinds the Agreement after giving ten days written notice to the other
party. The abstract shall become the property of BUYERS when the purchase price is paid in full.
SELLERS shall pay the costs ofany additional abstracting and title work due to any actor omission
of SELLERS, including transfers by or the death of SELLERS or their assignees.
9. SURVEY. BUYERS may, at BUYERS' expense prior to closing, have the property
surveyed and certified by a Registered Land Surveyor. If the survey shows any encroachment on
the Property or if any improvements located on the Property encroach on lands of others, the
encroachments shall be treated as a title defect. If the survey is required under Chapter 354,
SELLERS shall pay the cost thereof.
10. ENVIRONMENTAL MATTERS. (a) SELLERS warrant to the best of their
knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous
wastes or substances, or underground storage tanks located on the Property, the Property does not
contain levels of radon gas, asbestos or urea -formaldehyde foam insulation which require
retnediation under current governmental standards, and SELLERS have done nothing to
contaminate the Property with hazardous wastes or substances. SELLERS warrant that the
Property is not subject to any local, state, or federal judicial or administrative action, investigation
or order, as the case may be, regarding wells. solid waste disposal sites, hazardous wastes or
substances, or underground storage tanks. SELLERS shall also provide BUYERS with a properly
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executed GROUNDWATER HAZARD STATEMENT showing no wells, private burial sites,
solid waste disposal sites, private sewage disposal system, hazardous waste and underground
storage tanks on the Property unless disclosed here:
(b) BUYERS may at their expense, within days after the date of acceptance, obtain a
report from a qualified engineer or other person qualified to analyze the existence or nature ofany
hazardous materials, substances, conditions or wastes located on the Property. In the event any
hazardous materials, substances, conditions or wastes are discovered on the Property, BUYERS'
obligation hereunder shall be contingent upon the removal of such materials, substances,
conditions or wastes or other resolution of the matter reasonably satisfactory to BUYERS.
Ilowever, in the event SELLERS are required to expend any sum in excess of $ to
remove any hazardous materials, substances, conditions or wastes, SELLERS shall have the option
to cancel this transaction and refund to BUYER all Earnest Money paid and declare this Agreement
null and void. "The expense ofany inspection shall be paid by BUYERS. The expense ofany action
necessary to remove or otherwise make safe any hazardous material, substance, conditions or
waste shall be paid by SELLERS, subject to SELLERS' right to cancel this transaction as provided
above.
11. DEED. Upon payment of the purchase price, SELLERS shall convey the Property to
BUYERS by Warranty deed, free and clear of all liens, restrictions, and encumbrances except as
provided in this Agreement. General warranties of title shall extend to the time of delivery of the
deed excepting liens or encumbrances suffered or permitted by BUYERS.
12. JOINT "TENANCY IN PROCEEDS AND IN REAL ESTATE. If SELLERS,
immediately preceding acceptance of the offer, hold title to the Property in joint tenancy with full
right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of
the SELLERS, then the proceeds of this sale, and any continuing or recaptured rights of SELLERS
in the Property, shall belong to SELLERS as joint tenants with full rights of survivorship and not
as tenants in common; and BUYERS in the event of the death of any SELLER, agree to pay any
balance of the price due SELLERS under this contract to the surviving SELI_,I:RS and to accept a
deed from the surviving SELLERS consistent with Paragraph 15.
13. JOINDER BY SELLER'S SPOUSE. SELL,ER'S spouse, if not a title holder
immediately preceding acceptance, executes this agreement only for the purpose of relinquishing
all rights of dower, homestead and distributive share or in compliance with Section 561.13 of the
Code of Iowa and agrees to execute the deed or real estate contract for this purpose.
14. USE OF PURCHASE PRICE. At time of settlement, funds of" the purchase price
may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others.
15. APPROVAL, OF COURT. It the Property is an asset of an estate, trust or
conservatorship. this Agreement is contingent upon Court approval unless declared unnecessary
by BUYERS' attorney. If the sale of the Property is subject to court approval the fiduciary shall
promptly submit this Agreement for such approval. If this Agreement is not so approved by
February 19.. 2020 either party may declare this Agreement null and void, and all payments made
hereunder shall be returned to BUYERS.
17. REMEDIES OF THE PARTIES. A. If BUYERS fail to timely perform this
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Agreement, SELLERS may forfeit it as provided in the lowa Code (Chapter 656), and all payments
made shall be forfeited; or, at SELLERS' option, upon thirty days written notice of intention to
accelerate the payment of the entire balance because of BUYERS' default (during which thirty
days the default is not corrected), SELLERS may declare the entire balance immediately due and
payable. Thereafter this agreement may be foreclosed in equity and the Court may appoint a
receiver.
B. If SELLERS fail to timely perform this Agreement, 13UYERS have the right to have all
payments made returned to them.
C. BUYERS and SEL..LF,RS are also entitled to utilize any and all other remedies or actions
at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney
fees as pcnnitted by law.
18. NOTICE. Any notice under this Agreement shall be in writing and be deemed served
when it is delivered by personal delivery or by certified mail return receipt requested, addressed
to the parties at the address given below.
19. 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.
20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time
shall he of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of
such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and
bind the successors in interest of the parties. This Agreement shall survive the closing. Paragraph
headings are for convenience of reference and shall not limit or affect the meaning of this
Agreement. Words and phrases herein shall be construed as in the singular or plural number. and
as masculine, feminine or neuter gender according to the context.
21. Inspection of Private Sewage Disposal System. 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.
22. ADDITIONAL PROVISIONS: (check if applicable)
A. SALE OF BUYERS' PROPERTY. This Agreement is contingent upon the sale and
settlement of the BUYERS' property locally known as _ _ on
or before if settlement has not been made by this date, the SELLERS
may rescind this Agreement by giving notice to [It YERS that unless sale and settlement of
BUYERS' property is made within five (S) business days of such notice, then this Agreement
shall be null and void. Unless SELLERS give such written notice, this Agreement shall remain
valid until the sale of BUYERS' property.
SELLERS reserve the right to continue to offer the Property for sale. Should SELLERS receive
another offer which they desire to accept, BUYERS shall have _ _ days from the
delivery of written notice to waive the "contingency of sale." Notice from the BUYERS to the
SELLERS, removing the contingency of sale, shall be timely delivered to the SELLERS along
with reasonable assurance that BUYERS can complete the purchase without the sale of the
property referenced above.
If BUYERS do timely remove such contingency, this Agreement will remain in full force and
effect (but without being contingent on the sale of BUYERS' property). If BUYERS do not
timely remove such contingency, SELLERS will immediately return to BUYERS all earnest
money paid, this Agreement will be of no further force and effect, and neither party will have
any further obligation to the other hereunder.
B. TERMITE INSPECTION. at their expense shall have the Property
inspected for termites or other wood destroying insects by a licensed pest inspector prior to
closing. if active infestation or damage due to prior infestation is discovered, SELLERS shall
have the option of either having the Property treated for infestation by a licensed pest
exterminator and having any damage repaired to the BUYERS' satisfaction or, declaring this
Agreement null and void and returning all earnest money to BUYERS. This provision shall
not apply to fences, trees, shrubs or outbuildings other than garages. BUYERS may accept the
property in its existing condition without such treatment or repairs.
C. WEI,I, TEST. SELLERS, at S' expense, shall provide BUYERS, within
days after acceptance of this offer, a report issued by the county health
department, or a quatified testing service, indicating the location of any well on the Property
and that water from each well (I) is safe for its intended use and (2) is in sufficient quantity
for its intended use. If BUYERS receive an unsatisfactory report, the basis for which cannot
be resolved between BUYERS and SELLERS within days of receipt thereof, then
upon written notice from BUYERS to SELLERS, this agreement shall be null and void and all
earnest money paid shall be returned immediately to BUYERS.
D. RADON TEST. Within days after the date of acceptance of this oiler, SELLERS,
at S' expense, shall have the property tested for the presence of Radon gas
by a qualified professional and shall provide the written results ofsuch test to BUYERS within
the same time period. If said results reveal the presence of Radon in the Property at a level
greater than 4.0 pC'i/L and SELLERS do not agree to remediate the Property at SELLERS'
expense such that the Radon levels in the Property are reduced to a level below 4.0 pCi/L, then
BUYERS shall have the option to terminate this agreement, in which case all earnest money
shall be returned to BUYERS and this Agreement shall be of no further force or effect.
X F. NO REAL ESTATE AGENT OR BROKER. Neither party has used the services of a real
estate agent or broker in connection with this transaction. Each party agrees to indemnify
and save harmless the other party from and against all claims, costs, liabilities and expense
(including court costs and reasonable attorney's fees) incurred by the other party as a result of
a breach of this representation, which shall survive closing.
J. OWNERS' ASSOCIATION. If the property is subject to control by an association of
owners, this Agreement is contingent upon the timely satisfaction or waiver of those conditions
set forth on the Owners' Association Addendum attached hereto and by this reference made a
part hereof. Buyers may, before closing and no later than (___) days after receipt of all
responsive documents, elect to cancel this Agreement by written notice of cancellation to
Sellers. If Buyers elect to so cancel this Agreement, then this Agreement shall be null and
void and the earnest money paid by Buyers shall be refunded. In the event Buyers do not
timely notify Sellers of cancellation, this Agreement shall be binding and remain in full force
and effect.
X_ G. OTIIER: This purchase agreement is Subject to City Council Approval after Buyers
Acceptance. SELLERS warrant and represent to BUYERS that there are no other existing
purchase agreements or unrecorded interests in the subject property and SELLERS agree to
indemnify and save harmless BUYERS front and against all claims, costs, liabilities and
expense (including court costs and reasonable attorney's fees) incurred by BUYERS as a result
of a breach of this representation, which shall survive closing
ACCEPTANCE. When accepted, this Agreement shall become a binding contract. Ifs
not accepted and delivered to BUYERS on or before February 11, 2020, this Agreement shall be
null and void and all payments made shall be returned immediately to BUYERS.
Accepted . 11( ...................... 2020.
eS4'14
mes A. Ash (SELLER)
"Karel L. Ash (�h;�,I_�ER)
Address: 310 7`I, Street, Waukee IA 50263
Dated
.2020.
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City of Waukee, Iowa (BUYER)
Subject to approval by the City the Council of the City of Waukce to be obtained after Buyers
acceptance hereof.
Address: 230 W. Hickman Road, Waukec, IA 50263
Telephonc: (515) 978-7900