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HomeMy WebLinkAbout2020-04-20-Resolution 2020-158_Purchase Agreement, 205 Ashworth DrTHE CITY OF WAUKEE, IOWA RESOLUTION 2020-158 RESOLUTION APPROVING PURCHASE AGREEMENT FOR CERTAIN PROPERTY LOCATED IN THE CITY OF WAUKEE [205 ASHWORTH DRIVE] 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 a Purchase Agreement (hereinafter referred to as the "Agreement") and said Agreement has been accepted by the Seller, Dallas County, Iowa, for certain property locally known as 205 Ashworth Drive, 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 Dallas County Iowa 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 20a' day of April, 2020. Attest: Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman X R. Charles Bottenberg X Chris Crone X Larry R. Lyon X Ben Sinclair X Courtney Clarke, Mayor NAY ABSENT ABSTAIN OFFER TO BUY REAL ESTATE AND ACCEPTANCE Recorder's Cover Sheet Preparer Information: (name, address and phone number) Adam Doll, 1009 Main Street, Adel, IA 50003 Telephone: (515) 993-4545 Taxpayer Information: (name and complete address) City of Waukee, Iowa, 230 W Hickman Road, Waukee, IA 50263 Return Document To: (name and complete address) Adam Doll, 1009 Main Street, Adel, IA 50003 Grantors: Dallas County, Iowa Grantees: City of Waukee, Iowa Legal Description: See Page 2 Document or instrument number of previously recorded documents: `The Iowa State Bar :association 21119 Form No. 180, Offer to Ru.N Real Estate and Acceptance (Nonresidential) IuwaDucs'k Res icedJanuars 2016 tit%,. OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: Dallas County, Iowa (Sellers) The undersigned BUYERS hereby offer to buy and the undersigned SELLERS by their acceptance agree to sell the real property situated in Waukee. Iowa, locally known as 205 Ashworth Drive, Waukee, IA 50263 and legally described as: All that part of the Southeast Quarter (SE '/4) of the Northeast Quarter (NE ''/4) lying North of the Highway and South and West of the Railroad in Section Thirty-three (33), Township Seventy Nine (79), Range Twenty Six (26) West of the 5th Principal Meridian, Dallas County, lowa together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, it' any, herein referred to as the "Property," upon the following terms and conditions: I. PURCHASE PRICE. The Purchase Price shall be $90,000.00 and the method otpayment shall be as follows: $500.00 with this offer, to be deposited upon acceptance of this offer and held in trust by Hopkins & Huebner, P.C. as earnest money, to be delivered to the SELLERS upon performance of SELLERS' obligations and satistaction of BUYERS' contingencies, if'any; and the balance ol'the Purchase Price paid at closing. 2. REAL ESTATE TAXES. Sellers shall provide credit to Buyers for prorated tax amount through date of possession and any unpaid real estate taxes payable in prior years. Buyers shall pay all subsequent real estate taxes. Unless otherwise provided in this Agreement, at closing SELLERS shall pay BUYERS, or BUYERS shall be given a credit for, taxes from the first day of July prior to possession to the date of possession based upon the last known actual net real estate taxes payable according to public records. However, 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 levy rate, 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. 3. SPECIAL ASSESSMENTS. A. SELLERS shall pay in full at time of closing all special assessments which are a lien on the Property as of the date otacceptance. B. All charges for solid waste removal, sewage and maintenance that are attributable to SELLERS' possession, including those for which assessments arise after closing, shall be paid by SELLERS. C. 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. C nce lossr State liar Association 2019 Form No. 180. offer to Bus Real Estate and Acceptance (Nonresidential) IuwaD"csa_: Revised Januan 2016 D. BUYERS shall pay all other special assessments or installments not payable by SELLERS. 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 or before May 22, 2020, and any adjustments of rent, insurance, interest and all charges attributable to the SELLERS' possession shall be made as of the date of' possession. Closing shall occur after the approval of title by BUYERS 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. If possession is given on a day other than closing, the parties shall make a separate agreement with adjustments as of the date of possession. This transaction shall be considered closed upon the filing of the title transfer documents and receipt of all funds 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. Also included shall be the following: 7. CONDITION OF PROPERTY. The 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 weal- and tear excepted. SELLERS make no warranties, expressed or implied, as to the condition of the property. A. 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 marketable title in SELLERS in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The SELLERS shall make every reasonable effort to promptly perfect title. It' closing is delayed due to SELLERS' inability to provide marketable title, this Agreement shall continue in t1orce 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 of any additional abstracting and title work due to any act or omission of' SELLERS, including transfers by or the death of' SELLERS or their assignees. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. 9. SURVEY. It' a survey is required under Iowa Code Chapter 354, or city or county ordinances, SELLERS shall pay the costs thereof. BUYERS may, at BUYERS' expense prior to closing, have the property surveyed and certified by a registered land surveyor. If R) the IoNa State Bar Association 2019 Form No. 180, Offer to Bu) Real Estate and Acceptance (Nonresidential) Im%aDocsM' Revised January 2016 the survey shows an 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. 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 remediation 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 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: 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 the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by BUYERS. 12. REMEDIES OF THE PARTIES. A. If BUYERS fail to timely perform this Agreement, SELLERS may forfeit it as provided in the Iowa 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, BUYERS have the right to have all payments made returned to them. C. BUYERS and SELLERS are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall be entitled to obtain judgment for costs and attorney fees. 13. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. 14. GENERAL PROVISIONS. In the performance of each part of' this Agreement, time shall be 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. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by SELLERS and BUYERS. 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 C,'The l(ma .State liar Association 2019 Form No. 180, Offer to Buy Kcal Estate and Acceptance (Nonresidential) Iossal)oc%(- Re%iscd Januan 2016 the sin�.;ular or Plural number, and as masculine, feminine or neuter gender according to the context. 15. NO REAL- ESTATE MIENT OR BROKF IZ. Neither Party- has used the service of a real estate i ocnt or broker in connection with this ti-ansactiun. 16. C'ERTIFICATION. Buyers and Sellers each ccrtily Mat they are not acting, directly or indirectly, for or on behalFOI'anv Person, "roue, entity or nation named by any Executive Order or the united States Treasury UCpartment 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 re"ulation that is enforced or administered by the. Office of Foreign Assets Control, and are not engaged in this transaction, directly or indirectly off 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 claim`. darmwes. losses, risks. liabilities and expenses (Including attorney''s fees and costs) arising; from or related to my breach ol'the 1,61-egoing certification. 17. INSPECfION OF PRIVATE SF_.l'AGE DISPOSAL_ SYSTEM, Seller represents and warrants to Buver that the Property is not served by It private sewd-le disposal system, and there are no known Private se�v age disposal systems on the Property. ACCL PTANCE. When accepted, this Aurcement shall become a binding contract. Dated _ 1.)ated 2 SELLERS Dallas County, Iowa By: As Chairperson ot'the Dallas County Board of Supervisors Address: 902 Court St., Adel, lA 50003 Telephone: 515-993-5806 the Ihua ♦tatc [tail Association 21119 1 ma Do C,x BUYERS Citv of, Waukee. Iowa By Tim Mocrman, City Administrator Address : 230 NN' Iliekman Rd. Waukee, IA 50263 Telephone: 515-978-7902 rural `sw 180, Offer to Bn.\ Neal estate and Acceptance ('sonreciden(ia ) Revised Jannao 2016