HomeMy WebLinkAbout2016-08-01-Resolutions 16-309_Remaining Clayton Property - Property SaleTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-309
APPROVING A PROPOSAL TO DISPOSE OF THK CITY'S INTEREST IN
REAL PROPERTY
INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF 8'AUKEE,108'A
WHEREAS,the City of Waukee,Iowa,is a duly organized municipality within Dallas
County;AND,
WHEREAS,the City owns property legally described as;
Parcels 17-67 and 17-6g of the Plat of Survey recorded in Book 2016 Page 9295,
Dallas County,Iowa,subject to zoning,easements,restrictions,and covenants of
record;AND,
WHEREAS,the City solicited bids for the possible sale of the property and
received several offers to buy the above described property on or about July 27,
2016,with the highest offer received from Jerry's Homes,Inc.,in the amount of
$1,600,000.00 pursuant to an offer to purchase attached hereto and incorporated
herein by this reference;AND,
WHEREAS,a notice of public hearing was published as required by Iowa Code Chapter
364.7 and a public hearing was held concerning the offer on August 1,2016,as set forth
in the published notice;AND,
WHEREAS,the properly being disposed of is not being utilized by the City and the offer
is the highest offer received and is consistent with the fair market value of the property.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,
Iowa,after a public hearing held on August 1,2016,to consider the disposal of the
property described above,the offer to purchase submitted by Jerry's Homes,Inc.,with a
purchase price of $1,600,000.00,attached hereto and incorporated herein by this
reference,is hereby approved.
BE IT FURTHER RESOLVED that the Mayor is authorized to execute any and all
documents to effectuate the transaction and convey the property on behalf of the City.
Passed by the City Council of the City of Waukee,Iowa,and approved this the 1"day of
August,2016.
liam .ear,Mayo
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
NAY ABSENT ABSTAIN
X
X
OFFER TO BUY REAL ESTATE AND ACCEPTANCE
(NONRESIDENTIAL)
TO:City of Waukee,iowa (SELLER)
The undersigned BUYERS hereby offer to buy and the undersigned SELLER by
their acceptance agree to sell the real property situated in Waukee,Dallas County iowa,
legally described as:
Parcels 17-67 and 17-68 of the attached Plat of Survey recorded in Book
2016 Page 9295,Dallas County,Iowa,subject to zoning,easements,
restrictions,and covenants of record.Parcel 17-69,as identified on the
Plat of Survey,are not part of this offer or this agreement and shall be
retained by SELLER.
subject to any and all easements of record for public utilities or roads,any zoning
restrictions,restrictive covenants and mineral reservations of record,if any,herein
referred to as the "Property,"upon the following terms and conditions.
PURCHASE PRICE.Th P h P I h II h $~ddd d .d
the method of payment shall be as follows:$10,000 with this offer,to be deposited upon
acceptance of this offer and held in trust by Brick Gentry Law Firm as earnest money,to
be delivered to the SELLER upon performance of SELLER'S obligations and satisfaction
of BUYERS'contingencies,if any;and the balance of the Purchase Price at closing.
2.REAL ESTATE TAXES.Seller shall pay any property taxes for the
property accruing through the date of closing 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 SELLER 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.SELLER shall pay in full at time of closing all special assessments which are a
lien on the Property as of the date of acceptance,July 25,2016.
B.All charges for solid waste removal,sewage and maintenance that are
attributable to SELLER'S possession.
C.Any preliminary or deficiency assessment which cannot be discharged by
payment shall be paid by SELLER through an escrow account with sufficient
funds to pay such liens when payable,with any unused funds returned to
SELLER.
D.BUYERS shall pay all other special assessments or installments not payable by
SELLER.
4.RISK OF LOSS AND INSURANCE.SELLER shali bear the risk of loss
or damage to the Property prior to closing or possession,whichever first occurs.
SELLER 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 October 31,
2016,and any adjustments of rent,insurance,interest and all charges attributable to the
SELLER's 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 SELLER,but
prior to possession by BUYERS.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:
A.Upon the delivery of the title transfer documents to BUYERS and receipt of all
funds then due at closing I'rom BUYERS under the Agreement.
6.CONDITION OF PROPERTY.The property as of the date of this
Agreement,including buildings,grounds,and all improvements,will be preserved by the
SELLER in its present condition until possession,ordinary wear and tear excepted.
SELLER 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.
7.ABSTRACT AND TITLE.SELLER,at their expense,shall promptly
obtain an abstract of title to the Property continued through the date of acceptance of this
Agreement,August 8,2016,and deliver it to BUYERS'attorney for examination.It shall
show marketable title in SELLER in conformity with this Agreement,Iowa law,and title
standards of the Iowa State Bar Association.The SELLER shall make every reasonable
effort to promptly perfect title.If closing is delayed due to SELLER'S inability to
provide marketable title,this Agreement shall continue in force and effect until either
party rescinds the Agreement atter 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.
SELLER shall pay the costs of any additional abstracting and title work due to any act or
omission of SELLER,including transfers by or the death of SELLER or their assignees.
Unless stricken,the abstract shall be obtained from an abstracter qualified by the
Guaranty Division of the Iowa Housing Finance Authority.
8.SURVEY.BUYERS may,at BUYERS'expense prior to closing,have the
property surveyed and certified by a registered land surveyor.If 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.
9.ENVIRONMENTAL MATTERS.
A.SELLER warrant to the hest 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
SELLER have done nothing to contaminate the Property with hazardous
wastes or substances.SELLER 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.SELLER 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:
B.BUYERS may at their expense,within 15 days after the date of acceptance,
obtain a report from a qualified engineer or other person qualified to analyze
the existence or nature of 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 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.However,in the event SELLER are required to
expend any sum in excess of $5,000 to remove any hazardous materials,
substances,conditions or wastes,SELLER shall have the option to cancel this
transaction and refund to BUYERS 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,substances,conditions or waste shall be paid by
SELLER,subject to SELLER'S right to cancel this transaction as provided
above.
lb.DEED.Upon payment of the Purchase Price,SELLER 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.
11,JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE,If
SELLER,immediately preceding acceptance of the offer,hold title to the Property in
joint tenancy with full rights of survivorship,and the joint tenancy is not later destroyed
by operation of law or by acts of the SELLER,then the proceeds of this sale,and any
continuing or recaptured rights of SELLER in the Property,shall belong to SELLER as
joint tenants with full rights of survivorship and not as tenants in common;and BUYERS
in the event of death of any SELLER,agree to pay any balance of the price due SELLER
under this contract to the surviving SELLER and to accept a deed from the surviving
SELLER consistent with Paragraph 15.
12.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 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.
13.STATEMENT AS TO LIENS.If BUYERS intend to assume or take
subject to a lien on the Property,SELLER shall furnish BUYERS with a written
statement prior to closing from the holder of such lien,showing the correct balance due.
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.REMEDIES OF THE PARTIES.
A.If BUYERS fail to timely perform this Agreement,SELLER may forfeit it as
provided in the Iowa Code (Chapter 656),and all payments made shall be
forfeited;or,at SELLER'8 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),SELLER 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 SELLER fail to timely perform this Agreement,BUYERS have the right to
have all payments made returned to them.
C.BUYERS and SELLER 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.
16.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.
17.GENERAL PROVISIONS.In the performance of each part of this
Agreement,time shall be of the essence.Failure to promptly assert rights heivin 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
SELLER 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 the singular or plural number,and as masculine,feminine or neuter
gender according to the context,
18.NO REAL ESTATE AGENT OR BROKER.Neither party has used the
service of a real estate agent or broker in connection with this transaction.
19.CERTIFICATION.BUYERS and Seller 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.INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM.SELLER
represents and warrants to BUYERS that the Property is not served by a private sewage
disposal system,and there are no known private sewage disposal systems on the property.
21.ADDITIONAL PROVISIONS.This Offer to Buy Real Estate is subject to
approval of the Waukee City Council in the manner required by law.
In addition,the property is currently the subject of a farm tenancy for hay.The SELLER
shall cause notice of termination of tenancy to be served upon the tenant prior to closing
in accordance with Iowa law,however,it is understood that BUYER'S purchase will be
subject to the continued tenancy by the farm tenant through such time as the actual
termination date required by law for the farm tenancy following such notice of
termination.SELLER shall retain all farm rents due and payable in this crop year through
termination of the lease.
22.ACCEPTANCE.When accepted,this Agreement shall become a binding
contract.If not accepted and delivered to BUYERS on or before August 8,2016,this
Agreement shall be null and void and all payments made shall be returned immediately to
BUYERS.If accepted by SELLER at a later date and acceptance is satisfied in writing,
then this contract shall be valid and binding.
Accepted
SELLER
,20 I 6 Dated 3 2,7 20 l 6
BUYERS
of W kee,iowa
EIN//To be provided
Address:230 W.Hickman Road
Waukee,IA 50263
Telephone:(515)978-7900
Print Name Eo~+8~
SSti
c/rr'f t'FAN j /!7 l 3 0 P/4Nf4'&~
Print Nam
SS4 qx-cgsl 75
Address:
Telephone:
66IIP 'I 'I'I I 1 I ."CP"I PUN 16 660
Pl~foll "6 CPZ 1616)6 66
CUK ZCIM ""I "I 1'I Cl
I IS HIUUI lOSE
6 I"I "6 "1 6"I"
LIuss~iurAIuH doqstg
A3ANSRS«cdO J.&d
b7NOI '33&lllVM q
ALd3dOBd NOJ.),V IO BNINIVW3H a
10
0
SIES
85'
0 Z
8
l48
Pu $~~
IAI 8«8
cz SI
—««
0 zgo
g)(sI%a jIN($
$5 zSSF zcc@ 5
5 -3,
R
4s
z«0 0
q0$5
BgwC\
~g CU-58
Pgy
0
~A
U.
'g 9,89
8R
P,
0 0
%5
0 0
à zo
5g58 j
5~2
LS
86
g g
z
5
gj
II8%5g.p
";@8
O oz
I@
~ga
9.'8
zoo
6
id I )'-"-.J ':
=.';Isj„UI 9
II
8
5
Lc
z.
CU Zz0z
05z
8 0
ga
0 0
ze)
%0
«8 0 "3-'&«0 a g a i SI
@zcj)(gSLgg jzII«
~~—8"g0"««05 K 0 g8
S,N
SI
0
g0
à O.z«8«z 80 'So@
8
zzz0
h
0
«0
IAL 506
CI 8z
8"
«2
8$6 8g
ILO
01 6
Oa 0 o
LSNPSLL SIS Hd LLESS UIAOI '3699INSNN 'LS«NLS HAISI ESSE SNI "OSBNI933NISNS dOHSIS'IISSAH'9 ANNUS.A9939Vd39d
DNivNN 0 WO wv Nod i Ilosi»a
itovnlc(cl d coccvt(cidt vJ
Odvtins 14 "I O 0
I 19 WNI tDCC
811 "8 "od"I"oo
dluCJO~uCIhu~dOqSZII
A3ABSBS 30 JV1UB
VMOI '33&lnVM
AJ.II3dOdd NOj.dc,VlO BNINIVIAI38
Vdlioltllt.ltl,lollld
96 CLSC 03S
VII NS 'ill 39
tltnlln'1
SDIIIV nlollh
99 10
I L01 3L01
Nl01
p'ooS
8x~
4.f Cf
flf
CB
IC0.
f
O Ut
o,oOlo
4\
8
CR
-„g IBL f~)3
Jc JNDSDDN '
Nl'5'656
lo
O
Uf CLD'o g
ONOo,
Vii!I.ltllt.ott,lo'IDII~J,DNDDN.
looadns ondtotNUtdnndndt N,ID'!aft
3083AV ALIStlBAINO IC CII 656
Inotl Vd'DXCIKWDf
I DDIUSNDDVN OP,CS O
8
II8
Oo
8Rg
Co i
NO
No N~R .
5881
o Vt
SL 96,96.69iV
N,9'6'686
Vdd 3 Itdt NS 89 Nl
mg
p
00
CLOI'h
~8
UJCJ-
SBJ LS
CL
DZ SL$9 ON
VII MS I'0 NN
N,SO'SLU'3 SP,6P.S'9'9 8
WO
os 8
CC
m8
CO
lU
R
R .
Ng
RNA)
I Bf
oo
8OOOO
I4
0 ot O '
HOg
f
UJ
CJ a
CL
NC .
CL $o
4.844
f ocod
3 6 L,SP.D'96
W,i0'993
899813OVd'SDRVOOS 3AltlOM381HLHON
Pl!SS'639
N,L'P,99.669
3 }4
6369969 4 '4
3„i P,Os.69s
8
sBLVLss NSINOUOS 8
I&5i
g~
QI-5
I"iI 8
Zl
o
N
"io
8 oo
8.'8(
'85go
CUUVCC
=,':.I 3-"',I;,'8
8)IVVI'
g o
5.
I)
8gcI %I
R8 8O
N
N 6
8
I
4I
8
ILI
CJ
LO
Uo
T.0.
o
L9HV9LC SIC Hd CCCCC VNOI '31VOINSUO 'L33 819 HLVDI IDSC "ONI '
OO ONI'NBBNIOIN dOHSI8 831AH '0 ALNVI IAS 03tNdBNd
IIIIIIIIIIIII
8 Odl 11 O ll !
UOI 8 11'I V IV NO
NVV
dnd
Wii 88'l1~
CO VI 8 II 8181 ol 8 Wl
8 8ddond ottotol 8
SdZO 888d 910Z iloos
NIIIIIINBIIIIIIIIIIIIN9IIIIIIklllllNSIIIII