HomeMy WebLinkAbout2018-10-15-Resolutions 18-441_905 Ashworth Dr - Property Purchase AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-441
RESOLUTION APPROVING RESIDENTIAL PURCHASE AGREEMENT FOR
CERTAIN PROPERTY LOCATED IN THE CITY OF WAUKEE
IN THE NAMEAND BY THEAUTHORlTYOF THE CI?YOF WAUKEE,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,Richard
DiDonato and Sharon DiDonato,for certain property locally known as 905 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 Richard DiDonato and Sharon DiDonato 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 15'"day of October,
2018.
W i F.ea d,ayor
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
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NAY ABSENT ABSTAIN
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PllRCHASE AGREEMENT
Date of Agreement:IO 8 IS
Agency Agreement.In this offer to purchase it is clearly understood and agreed by the parties
hereto,that the Selling Agent(s)exclusively represents the BUYERS in this transamion.The Listing
Agent(s)exclusively represents ihe SELLERS m this transaction.If the same Agent represents both
BUYERS and SELLERS a detaded explanation of Consensual Dual Agency must accompany this
agreement.Further,the BUYERS and SELLERS acknowledge thm prior to signing this agreement
that their respective Listing or Selling Agent made a written disclosure of the type of representation
being provided.
KEILER
WILLIAMS.
Il E A LT Y
Greater Des Moines
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TO (silica):Richard A.DiDonato and Sharon L.DiDonaro
THE UNDERSIGNED BUYERS hereby offer to buy the real property situated in Waukee,
locally known as:905 Ashworth Drive
and legally described as:See Legal Description Anached as Exhibit "A"
iowa,
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su ject to an toget er wit any reasons e easement,soning restrictions,restrictive covenants,an minera reservations 0record,if any,and agree as follows:
p F.This offer is contingent ro the sale of property:See attached Addendum.P G.Other Financing Terms:
F a P ':iii $i $$iilb $17$.0 $.00 and the method of payment as follows:
$1,000.00 with this offer;and $upon acceptance of this olfer (and unless
otherwise agreed)both amounts to be held in Trust by Brick Genny P.C.and the balance of thepurchasepriceasdesignatedbelow.If there is a dispute over earnest money,it wi e e in trust pending final resalurion afthedispute.This offer is subject m the porperty and improvements appraising at or above the purchase price.Select (A)(B)(C)(D)and/or (E)(F)(6):p A.New Mortgage:This Agreemenr is contingent upon the BUYERS obtaining a commitment in writing for a
mortgage for nat more rhan %of the purchase price withnoteinterestat%or less.BUYERS agree topsy all customary loan casts.BUYERS agree upon acceptanceofihisoffertomakeapplicationforsuchmortgagewithalenderwithinfive(5)business days and to make their bestefforttoobtainamortgagecommitmentasaboveprovided.If BUYERS have not obrained a wrinen commitment orloandenialonorbefore.the SELLERS may rescind this agreement
by giving written notice to the BUYERS stating rhat if a mortgage commitment has not been obtained within five(5)business days af receipt of such norice rhen this Agreement shall be null and void and any eamesr.money shall bereturnedtoBUYERS.If SELLERS do not choose to give such written notice,then this Agreemem shall remain validuntiltheBUYERSlmveobtainedamortgagecommitmentordenial.In addition to the proceeds of aforementioned
mortgage the BUYERS shall pay the balance of purchase price,in cash at the time of closing wirh adjustment forclosingcosrstobeaddedtoordeductedfromthisamount.SELLERS agree thar rhe property will be taken off themarketunrilSELLERSreceivefromBUYERSnoticeofamortgagecommitmentordenial.p B.Assumption of Mortgage or Contract:See attached Financing Addendum.p C.Contract:See attached Finanmng Addendum.
Ijx)D.Cash:BUYERS will pay the balance of the purchase price in cash at the time of'closing with adjustment far closingcosrstobeaddedtoardeductedframthisamount.This Agreement n not conringenr upon BUYERS obtaining suchfunds.SELLERS shall have rhe right to receive a verification af such funds widiin ten days of final acceptance ofPurchaseAgreemenr.P E.This offar is connngent upon Buyer's closing and obtaining the proceeds from their home located at:
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Property Address 905 Aihworth Drive Waukee Iowa
E I CLOSING&Closingshalltakeplgac ongor bout '"~'"'&,2 I~KV
Poasession shall be no later than sm m on Nove 18 I8 .ol
Adjustment of interest,rents and all charges attri utable ro the SELLE possession are to be made of like date.Closing shall
occur after approval of title and prior to possession.If for any reason possession is before or after the day of closing,the parties
shall sign an occupancy agreement and make a separate agreement with adjustments as of date of possession.This transaction
shall be considered closed upon delivery of documents and receipt of all Funds by Broker.
XIXCG
A.SELLERS shall pay all real estate taxes that are due and payable as of rhe date of possession and constitute a lien againsr.
the Pmperty,including any unpaid real estate taxes for any prior years.
B.SELLERS shafi pay their prorated share,based upon the date of possession,of the real estate taxes for the fiscal year in
which possession is given,due and payable in the subsequem fiscal year.
C.BUYERS shall be given a credit for such proration at closing (unless this agreement is for an inmatlment contract)
based upon the last known actual net real estate taxes payable according to public record.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 millage rate,the assessed value,legislative tax rollbacks,and real
estate tax exemptions diat will actually be applicable as shown by the Assessor's Records on the date of possession.
D.BUYERS shall pay all subsequent real estate taxes.
~sess neius,The SELLERS shaH pay in full all speciaL assessments diat are certified as liens on the public record at
closing.Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid through an escrow
account with sufficient funds to pay such liens when payable with any unused funds returned to the SELLERS.AH charges for
solid waste removal,sewage,and assessments for maintenance that are anributablc to SELLERS possession shall be paid by
SELLERS.
D3trlggnL~P'm.
A.SELLERS and BUYERS acknowledge that the SELLERS of real property have a legal duty to disclose material defects of
which SELLERS have actual knowledge and which reasonable inspection by the BUYERS would not reveal.
B.Neither KELLER WILLIAMS Greater Des Moines nor the listing broker,if different,its agenrs,employees,and
associates make any representations or warranties as to rhe physical condition of the property,its size,future value,or
income potential,and,to rhe extent there were discussions about these matters,BUYERS expressly agree that BUYERS
are not relying on any representations or warranties,rather BUYERS are to make independent verifications.
Teunirml~nr'tons SELLERS,at their expense,shall have the property inspected for termites or other wood destroying
insects by a licensed Inspector prior to closing.If active wood destroying insect infestanon or damage due to pnor infestation
is discovered,SELLERS shall have the option of either having che property treated by a licensed pest exterminator and
having any damage repaired to rhe BUYERS satisfaction,or declaring this Agreemenr void.This provision shall not apply to
fences,trees,shrubs or outbuildings other than garages.Provided,however,BUYERS may accept the property in its existing
condition without such treatments or repairs.
~Co 'tjrutstLPpu~ipederal law (known as Title X)requires notification of potentially dangerous levels of lead.based
paint in properties built prior to 1978 (See Lead-Based Paint Disclosure).If applicable,the SELLERS will provide
BUYERS with copies of any records or prior test results pertaining to lead-based paint.
A.The property tw of the date of this Agreement including buildings,grounds,and all improvemenrs will be preserved by
die SELLERS in its present condition umil possession,ordinary wear and tear excepted.The BUYERS shall be permitted
to make an inspection of the property prior to possession or closing,whichever is sooner,in order to determine that there
has been no change in the condition of the property.
B.BUYERS may choose one of the followm altemat'ves re ive to the condition and quality of the property:
))I)1.Within.ys after the date of accepmnce,BUYERS may at their sole
expense have the property inspected by a person o persons oF their choice to determine if there are any structural,
mechanical,plumbing,electrical,lead-based paint or other deficiencies.Within this same period,the BUYERS may
notify in writing SELLERS of any deiiciency.The SELLERS shall within (3)days notify the BUYERS in writing
of what steps,if any,the SELLERS will take to correct any deficiencies before closing.The BUYERS shall then
imniediately in writing notii'y rhe SELLERS that (I)such steps are acceptable,in which case this Agreement,ss so
modified,shall be binding upon all partiiu;or (2)that such steps are not acceptable,in which case this Agreement
shaH be null and void,and any earnest money shall be returned to BUYERS.
C3 2.BUYERS acknowledge that they have made a satisfactory inspection of the property,and have been advised
and encouraged by their agent to obtain an independent inspection and understand the significance of such an
inspection and are purchasing the property in Its existing condition,and waive their right to such an inspection.
106 B 9\fi'qi J7k Seller's Inirials ~
01/13 KW008-2ofs
Property Address 905 Ashworth Dnve,Waukee,laws
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Q3.If the improvements on the subject property are under construction,already constructed or are to be construcred,
this Agreement shall be subject to approval of plans and specificmions by the parties within days
of final acceptance af this Agreement.New construction shall have the warranties specifically made by suppliers of
materials/appliances,or specifically tendered by the contractor.
C.Sellers to provide home wananty?ClYes IEINa Cost $Provider Deducnble $
~v'tplimenta~l
D.SELLERS warrant to the best of their knowledge and behef diat 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 remediarion under current
gavemmentat standards,and SELLERS have done nothing ro contaminare the Property with hazardous wastes or
substances.Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system,
and rhere are no known private sewage disposal systems on rhe property.SELLERS warrant that the Property is not
subject to any local,stare,or federal judicial or administrative action,investigation,or order,as the case may be,
regarding wells,solid waste dispasal sites,hazardous wastes or substances or underground storage tanks.SELLERS shall
also provide BUYERS with a properly execured GROUNDWATER HAZARD STATEMENT showing no wells,private
burial sites,solid waste disposal sites,private sewage disposal system,hazardous waste and underground storage ranks on
rhe Property unless disclosed here or on the executed seller property disclosure:
E.CI 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 exisrence or nature af
any hazardous materials,substances,conditions or wastes located on the Property.In the event any hazardous materials,
substances,conditions,or wastes are discovered on the Praperty,BUYERS obligation hereunder shall be contingem upon
the removal of such materiala substances,conditions,or wastes or other resolution of the matter reasonably satisfactory
to BUYERS.Hoivever,in the event SELLERS are required to expend any sum in exces~of:
to remove any hazardous materials,substances,conditions,or wastes,SELLERS shall
have the option to cancel this transaction and refund ta BUYER all Earnest Money paid and declare this Agreement
null and void.The expense of any inspection shall be paid by BUYERS,The expense of any action necessary to remove
or otherwise make safe any hazardous material,substance,conditions,or waste shall be paid by SELLERS,subjea to
SELLERS right to cancel this transaction as provided above.
8.Ins eti 'v e ew Di salS 'gk,
Q Property is served by a private sewage disposal system,or there is a private sewage disposal system on the Property.Seller
and Buyer agree to the provision selected in the attached Septic System Inspection Addendum.
9.I~ncjud EE200022101ncluded with tlie property shall be all fixtures that integrally belong to,are specifically adapted to or
are a part oi the real estate,whether attached or detached,such as:attached wall to wall carpeting,built-in appliances,
light fixtures (including light bulbs),water softeners (excepr,rentals),shutters,shades,rods,blinds,vertical blinds,awnings,
storm window~,storm doors,screens,television antennas,air conditioning equipmenr.(except window type),door chimes,
automatic garage door openers,garage door remotes,electrical service cables,bathroom mirrors,anached minors,fencing,
shelving,gates,bushes,trees,shrubs,and plants.All irems remaining with the property shall be operating ro perform the
function far which they are intended on the day of closing.
Also included shall be the following:
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10.~Srve r The BUYERS may have the property surveyed at their expense not to exceed fourteen (19)days after the final
acceptance oF this agreement.If rhe survey,certified by a P,egistered Land Surveyor,shows any encroachment on said property
ar if any improvements located on the subject property encraach on land af others,such encroachments shall be treated as a
title defect;
I I.Rental P~0021931f this property is currently used as rental property,this Agreement (0 is 0 is not)contingent upon
SELLERS providing BUYERS evidence ofcompliance with local zoning and housing code ordinances,iFapplicable,unless
otherwise provided herein.
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01/13 KW008 —3 oi 5
Property Address 905 Ashworth Drive,Waukee,Iowa
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12,Insurance:SELLERS shall bear the risk of loss or damage to the property prior to closing or possession,whichever occurs first.
SELLERS agree to maintain existing insurance and BUYERS may purchase additional insurance.In the event of substantial
damage or destruction prior to dosing,this Agreement shall be null and void,unless otherwise agreed by rhe parties.The
property shall be deemed substantially damaged or destroyed if it cannot be restored to its present condition on or before the
closing date.Provided,however,BUYERS have the right ta complete the closing and receive insurance proceeds regardless af
the extent of damages.
13.IZgadFFI0112LTgrxa309XR Upon full payment of the purchase price,SELLERS shall deliver to BUYERS a general warranty deed
to this property,If SELLERS title is held in joint tenancy,this Agreement shaB nor sever such joint tenancy,If BUYERS are
husband snd wife,their interest hereunder shall be held in joint tenancy unless otherwise specifically indicated.
1sh ~Agttggkaad qjilC;SELLERS shall promptly provide an abstract of title continued to and including the date of acceptance
of this Agreement.Such abstract shall be delivered to an attorney for a tide opinion for rhe BUYERS,such anomey to
be selected by the BUYERS or their mortgagee.The SELLERS agree to make every reasonable effort to prompdy perfect
the title in accordance with such opinions so that upon conveyance,tide shall be deemed marketable in compliance with
this Agreement,the land title laws of the State of lowe,and the iowa Title Standards of the Iowa Bar Association;unless
otherwise agreed,SELLERS will convey by standard warranty deed.If closing is delayed due to SELLERS inability to provide
marketable title,this Agreement shall cantinue in fuB force and effect until either party rescinds the Agreement after giving
10 days written notice to the other party and the brokers.SELLERS shall not be entitled ro rescind,unless they have made
a reasonable effort to provide marketable title.In lieu of the foregoing,SELLERS may give evidence of title by the purchase
of an avmer's title insurance policy for BUYERS or lender may purchase,or require BUYERS to purchase,a tide insurance
policy to protect the lender's interest in the property.
S.R~IP 'IF h SSLLSRSF ih I ISII h A *,S SIIYSRS I Ilh h F h h SI
paymenrs returned,and to proceed by any action at lahv or in equity,and the SELLERS agree ta pay costs and reasonable
attorney Fees,and a receiver may be appointed.If the BUYERS fail to firififf this Agreement,SELLERS may forfeit the same
as provided in Chapter 656 af the Code of lowe,and aB payments made herein shall be forfeited,or the SELLERS may
proceed by an action at law or in equity.The BUYERS agree to pay costs and reasonable attorney fees and any other expense
incurred by the SELLERS.
16.C328202kpittctxah lf rhe pmperty is an asser.af any estate,trust or conservatorship,rhis Agreement is contingent upon Court
approval unless declared unnecessary by BUYERS attorney.If necessary,the appropriate fiduciary shag promptly obtain Court
approval and conveyance shall be made by Court Officer's Deed.
17.Notice:Any addinve notice required under this Agreement shaB be deemed given when it is received in writing either by
hand delivery,facsimile,verifiable elecrronic communication,or by certified mail return receipt requested.Persons designated
for receipt af any notice for the purpose of this Agreement shaff be SELLERS and BUYERS at the addresses ser forth below or
their agents.
IB.fagttataj~aiartm In the performance of each part af this Agreement,time shaB be of the easence.This Agreement
shall be binding on and inure to the benefit af the heitv,executars,administrators,assigns and successors in interest oi the
respective parties.This agreement shall survive this closing.Paragraph headings are for the convenience of reference and
shall not limit nor affect the meaning of this Agreement.
19.QI89322934agltttiim If initialed,BUYERS and SELLERS agree that in the event.af a dispute or claim arising aut af or
relating ta this Agreement,the dispute or claim shaB,before exercising any other legal remedies,be submitted Lo mediation
in accordance with the Rules and Procedures of the Des Moines Area Assacianon of REALTORS09 Homesellers/Homebuyers
Dispute Resolution System which rules have been delivered to the parties hereto.(Initialing ar not initialing does not
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constitute a counte ffe .
Buyer's Initials LL S II
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20.Qttr~plsions:
This Agreement is contingent subject to approval by the Waukee Ciry Council.
Buyer's Initials ~/f ~~Seller's initials ~Ll'~~
01/13 KW008 —6 oi 5
Property Address 905 Ashworth Drive,Waukee,Iowa
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2 l.~When accepred,this Agreement shall become 8 binding contract.If this offer is not accepted on or before
it shall become null and void and ull payments shall be repaid to the
BUYERS.If accepted by the SELLERS on a later date and such acce tance is ratilied in wnnen or other form by BUY/RS,
then this Agreement will be valid and binding.
22.Ikuttt~znzznm We request that (name of broker /salesperson)t,
select,prepare and complete form documents as authorized by iowa law or by lowe Supreme Court Rul such as purchase
agreemenrs,groundwater hazard,and declaration of value incident to residential real estate transaction.We do authorize
future contact by fax or phone.
If you do not understand this form,please consult an attorney.
218 We,the SELLERS hereby accept this offer this ~4,day of
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City uf Wuu,iu Buyer Et Date Richard A.DiDonato Seller 6t Date
220
Buyer St Date Sharon L.DiDonato Seller St Date
230 W.H ttkmuu Ruad
Street Address
905 Ashworth Drive
Street Address
tztuuku«,1A 50263
City /State /Zip
Waukee,IA 50263
City /State /2ip
223 515 978.7899
224 bdtuutktysukuuuta
Owner Phone tz
Owner Email
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Owner Phon
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Owner Email
66 'EW-Zi+
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Agent Phone
&(Ad 'rN
Agent Email
Listing Broker Listing Agent Name55%6',(f35-mr+
Am-I
Agent Phone
Agent Email
01/13 KtAtooe-5ui5