HomeMy WebLinkAbout2018-10-15-Resolutions 18-440_945 Laurel St - Property Purchase AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-
RESOLUTION APPROVING RESIDENTIAL PURCHASE AGREEMENT FOR
CERTAIN PROPERTY LOCATED IN THE CITY OF WAUKEE
IN THE NAME AND B Y THE A UTHOMTY OF THE CITY OF WA UKEE,IO IYA
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,Kadie
Schuler,for certain property locally known as 945 Laurel 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 Kadie Schuler 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 urith 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.
liam F P ard,ayor
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X
RESIDENTIAL PURCHASE AGREEMENT
Kadie Vo&rel n/kia Kadie Schuler,a sin le erson (SELLERS)
The undersigned BUYERS hereby offer to buy and the undersigned SELLL'RS by their acceptance
agree to sell the real propertv siniatcd in Dallas Count,iowa,locally known as
945 Laurel Street,Waukee,IA 50263
and legally described as:
Lots 5,6,7 and g (Except the East 16 1'eet of Lots 5 and g),all in Block 4 of Copeland's Addition to
the Town,now City of Waukee,Dallas County,iowa
together with an)'easements and apputtenant servient estates,but subject to any reasonable easements
of record for public utilities or roads,any zoning restrictions,custoniary restrictive covenants and
mineral reservations of record,if any.herein referred to as the ol'roperty,n upon the following terms
and conditions provided BUYERS,on possession,are permitted to use the Property for residential
pufpos(:s:
1.PURCHASE PRICE.The Purchase Price shall be $170,000.00 and the method of
payment shall be as foliovvs:$1,000.00 with this offer to be deposited upon
acceptance of this offer and held in trust by Brick Germ P.C.as earnest tnoney 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:
a)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.
b)
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 Propetty,including any unpaid real estate taxes for any
prior years.
B.SELLERS shall pay their prorated sharc,based upon the date of possession.ol'the real
estate taxes for the tiscal year in which possession is &riven (ending June 30.2019 )due
and payable in the subsequent fiscal year (commencin&r July 1,2019 ).
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.Hotvever,if such taxes are based upon a partial assessment of the
present property iniprovements or a changed tax classification as of the date of possession,such
i".a ae io»a a&etc aar Association 2018
10'o a n 0e s X
For&can.152.Residential aarcaase Xsrcc&aeat
Iierised &uarcf&i018
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.
SPECIAL ASSESSMENTS.
A.SELLERS shall pay in full all special assessments which are a lien on the Property as of the
date of acceptance
B.If oAo is stricken,then SELLERS shall pay all installnients of special assessments which are
a lien on the Property and.if'not paid.v ould become delinquent during the calendar year
this oi'I'er is accepted,and all prior installments thereof.
C.All charges for solid waste removal.sewage and maintenance that are attributable to
SELLERS'possession,including those tor which assessments arise after closing,shall be
paid by SELLERS.
D.Any preliminary or deficiency assessment vvhich cannot be discharged by payment shall be
paid by SELLERS through an escrovc account with sufficient funds to pay such liens when
payable,with any unused funds returned to SELLERS.
E.BUYERS shall pay all other special assessments.
RiSK OF LOSS AND INSURANCE.SELLERS shall bear the risk of loss or damage to the
Property prior to closing or possession,vrhichever 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 dhnages.The propctty shall be deemed substantially damaged or destroyed if it
cannot be restored to its present condition on or before the closing date.
POSSESSfON AND CLOSING.If BUYERS timely perform all obligations,possession of the
Property shall be delivered to BUYERS on November I,2018,and any adjustments of
rent.insurance,taxes,interest and aH charges attributable to the SELLERS'possession shall be
made as of the date of possession.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.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 title transfer documents)~tirv~
and receipt of all funds then due at closing
from BUYERS under the Agreement.
FIXTURFS.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 lixtures (including light bulbs),water
softeners (except rentals),shutters.shades,rods.blinds,venetian blinds,awnings.storm windows,
storni doors,screens,television antennas (including satellite dishes),air conditioning equipment
(except windotv type),door chimes,automatic garage door openers.electrical service cables.
attached niirrors,fencing,gates,attached shelvincr,bushes,trees,shrubs and plants.Also included
shall bc the following:
All Fixtures Included
The I'ollowing iteins shall not be included:
e Thc loses Stele nor A»oci stion 2U Ill
los'I'ssnocss.
Porns Xo.112,ttesscien list Pnrchnsc Aaree mens
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7.CONDITION OF PROPERTY.
A.The property as of the date of this Agrccment including buildings.grounds,and all
improvements ivill be preserved by the SELLERS in its present condition until possession,
ordinary v;ear and tear excepted.
B.
C.If oBn is deleted,BUYERS acknowledge that they have made a satisl'actory inspection of
the Property and are purchasing the Property in its existing condition.
D.NEW CONSTRUCTION:If the improvements on the subject property are under
construction or are to be constructed,this Agreement shall be subject to approval of plans
and specifications by the parties within days of acceptance of this Agreemcnt.
New construction shall have the v:arranties implied by law,those specifically made by
suppliers of materials/appliances.and those specifically tendered by the contractor.
g.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,lowe law,and Title Standards
of the 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 aller 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 ol'SELLERS,including transfers by or tbe 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 eninoachment 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.II'the survcv is required under Chapter 354,SELLERS shall pay the cost
thereof.
I O.ENVIRONMENTAL MATTERS.
al SELLERS warrant to the best of their knowledge and belief that there are no abandoned
wells.solid waste disposal sites,hazardous vvastes 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 ivarrant that thc Property is not subject to any local.state.
or federal judicial or administrative action.imestigation or order,as the case may bc,
regarding tvells,solid waste disposal sites.hazardous wastes or substances,or underground
storatre tanks.SELLERS sltall also provide BUYERS ivith a properly executed
ri Thc lone State lur acaociatioa 2intl
toit'antic:ca
lcornt Xo.152.Residential Pnrchace Xdreetnent
llericed Vtarclt tells
CiROUNDWATER I-IAZARD STA I'EMENT showing no wells,private burial sites,solid
lvastc disposal sites,private sewage disposal svsteni.hazardous waste and underground
storage tanks on the Property unless disclosed here:
b)BUYERS may at their expense,within days after the date ot'acceptance,obtain a
report from a qualified cog&incor or other person qualilied to analyze the existence or nature
of any hazardous materials.substances.conditions or vvastes located on the Property.In the
event any hazardous materials,substances,conditions or v&astes are discovered on the
Property,BUYERS'obli&*ation hereunder shall be contingent upon the removal of such
materials,substances.conditions or wastes or other resolution ot the matter reasonably
satisfactory to BUYERS.I-lov&ever,in the event SELLERS are required to expend any sum
in excess of $to remove any hazardous materials,substances,
conditions or wastes,SEI.LERS shall have thc option to cancel this transaction and refund
to BUYER all Earnest Money paid and declare this Agreement null and void.The expense
of any inspection shall be paid by BL'YERS.The expense of any action necessary to
remove or otherwise make safe any hazardous niatcrial,substance.conditions or waste shall
be paid b&SELLERS.subject to SELLERS'right to cancel this transaction as provided
above.
11.DEED.Upon payment of the purchase price,SELLERS shall convev 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 ol'delivery of the deed excepting liens or eltcumbrances suff'ered or perniitted 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 ri&rhts 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 SELI FRS under this contract to the surviving SELLERS and to accept a
deed from the surviving SELLERS consistent vvith Paragiaph 15.
13.JOINDER BY SELLER'S SPOUSE.SELLER'S spouse,if not a title holder immediately preceding
acceptance,executes this agreement only for the purpose of relinquishing all rights of dovver&
honiestead and distributive share or in compliance with Section 561.13 of the Code of Iowa and
agrees to execute thc deed or real estate contract for this purpose.
14.STATEMENT AS TO LIENS.If BUYERS intend to assume or take subject to a lien on the
Property,SELLERS shall furnish BUYERS vvith a written statement prior to closing from the
holder of such licit,showing thc correct balance duc.
15.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.
16.APPROVAL OF COURT.II'the Property is an asset of an estate,trust or conservatorship,this
Agreement is contingent upon Court approval unless declared unnecessaty by BUYERS'attorney.
If the sale of the Property is subject to court approval,the fiduciary shall proluptly submit this
Agreement for such approval.If this Agreenient is not so approved by
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 perl'omi this Agreement.SELLERS mav forfeit it as provided in
the loiva Code (Chapter 656).and all paynients made shall be lorfeited;or,at SELLERS'
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option.upon thirty days wriuen notice of intention to accelerate the payment of the entire
balance because of BUYERS'default (during which thitxy days the default is not corrected),
SELLERS may declare the entire balance immediaiely 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.BLlYERS and SELLERS are also entitled to utilize any and all other remedies or actions at
law or in equity available to thetn and shall be entitled to obtain judgment for costs and
attorney fees as permitted by law.
I g.NOTICE.Any notice under this Agreement shall be in v riting and be deemed served when it is
delivered by personal delivery or by certilied mail return receipt requested,addressed to the parties
at the address given below.
I q.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 lav;,order,rule or
regulation that is enforced or administered bv the Oflice 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,indemnil'y and hold harmless the other party from and
against any and all claims,damages,losses,risks,liabilities and expenses (including attorneyss 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 be of the
essence.Failure to promptly assert rights herein shall not,however.be a waivm 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 rcfcrence 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.
2I.INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEtVI.Delete inappropriate alternatives
below.If no deletions are made,lhe provisions set forth in Paragcraph A shall be deemed selected.
A.Seller represents and warrants to Buyer that thc Property is not served by a private sewage
disposal system.and there are no known private sewage disposal systems on the property.
B.cs
22.ADDITIONAL PROVISIONS:(check if applicable)
A.SALE OF BUYERS'PROPERTY.This Agreement is contingent upon the sale and settlement
ol'the BUYERS'property locally known as
on or before
If settlement has not been made by this date,the SELLERS nlay rescind this Agreement by giving
notice to BUYERS that unless sale and settlement of BUYERS'property is made within five (5)
business days ol 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 BUYFRS'property.
0 Tttc lorna State aar Association 20l8
[o &cs n 0 c.'8
Form Xo.152,Ilesideatisl Farci&sac Aerecntent
Revised Vt &rett 20I8
SELLERS reserve the right to cont.inue to ofl'er the Property for sale.Should SELLERS receive
another offer tvhich they desire to accept,BUYERS shall have days I'rom the delivery of
written noiice to waive the "contingency of sale."Notice from the BUYERS to the SELLERS,
removing the contingency of sale,shaH be timely delivered to the SELLERS along with reasonable
assurance that BUYERS can complete the purchase without the sale ol'the property rcfcrcnced above.
If BUYERS do timely remove such contingency.this Ag&reement will remain in full t'cree and
effect (but tvilhout heing contingent on the sale of BUYERS'property).If BUYERS do not timely
ivmove such contingency.SL'LLLtRS vviH immediately return to BUYERS aH earnest money paid,this
A&reement will be of no further force and effect,and neither party tviH have any I'urther obligation to
the other hereunder.
B.TERMITE INSPECTION.at their expense shall have the Property
inspected I'or termites or other wood destroyin&*insects by a licensed pest inspector prior to closing.If
active infestation or damage due to prior infestation is discovered,SELL.ERS shall have the option of
either having the Property treated I'or infestation by a licensed pest exterminator and having any
damage repaired to the BUYERS'satisfaction or,declaring this Agreement null and void and returning
aH earnest fnoney to BUYERS.This provision shall not apply to fences.trees.shrtibs or outbuildings
other than garages.BUYERS may accept the property in its existing condition without such treatment
or repairs.
C.WELL TEST.SELLERS,at expense,shall provide BUYERS,within days
after acceptance of this offer.a report issued by the county health department,or a qualified testing
service,indicating the location of any tveH on the Property and that water from each vveH (I)is safe for
its intended use and (2)is in sufficient quantity for its intended use.II BUYERS receive an
unsatisfactory report,the basis for v hich 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 aH earnest money paid shall be returned immediately to BUYERS.
D.RADON 'fEST.Within days after the date of acceptance of this offer,SELLERS.at
expense,shall have the property tested for the presence of Radon gas by a qualified
professional and shall provide the vvritten results of such test to BUYERS within the same time period.
If said results reveal the presence of Radon in the Propetty at a level greater than 4.0 pCi/L and
SELLERS do not agree to remediate the Property at SELLERS'expettse such that the Radon levels in
the Property are reduced to a level below 4.0 pCi/L,then BUYERS shaH have the option to terminate
this agreement,in which case aH earnest money shall be returned to BUYERS and this Agreement shall
be of no further force or effect.
X E.NO REAL FSTATF.AGENT OR BROILS ER.Neither party lias used the services of a real estate
a&rent or broker in connection tvith this transaction.Each party agrees to indemnify and save harmless
the other party from and against aH claims.costs,liabilities and expense (including court costs and
reasonable attorney&a fees)incurred by the other party as a result ot'a breach ol'this representation.
which shaH survive closing.
F.OWNERS'ASSOCIATION.It'the property is subject to control by an association ot'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 aH responsive documents,elect to
cancel this Agreement by written notice of cancellation to Sellers.If Buyers elect to so cancel this
Agreement,then this Agteetnent shall be null and void and the earnest monev paid by Buyers shaH be
refunded.In the event Buyers do noi timely notify Sellers of cancellation.this Agreement shall be
bindin&g and remain in full I'orcc and effect.
G.OTHER:Attach Addendum.
2 The isa a State Bsr xs&aeiatiaa 2018
Ia&rauaes «
trams Xe.152,ltesideatial Var&hate Sar&em&at
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ACCEPTANCE.When accepted.this Agreement shall become a binding contract.If not
accepted and delivered to BUYERS on or before ,this Agreement
shall be null and void and all payments made shall be returned immediately to BUYERS.
Accepted Dated
SELLERS Kadie Vogel n/lo'a Kadie Schuler L'YERS it of aukee fovva
SS¹:SS¹:
SELLERS BUYERS
SS¹;SS¹:
945 Laurel Street,Waukee,IA 50263
Address
Phone:&15 —Qc35 5e
230 W,Hickman Road,Waukee,IA
50263
Address
Phone 515)978-7900
t:Thc lowe State aar Asaoctartou 2018
lou al)ocan
Fumn So.182.Rcaidential Purchase Agreement
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