HomeMy WebLinkAboutContract 1530Address: 3855 Main Street N.E.
Columbia Heights, MN
PIN # 35-3024-330059
Project:
Parcel:
Page 1 of 6
REAL ESTATE SALE/PURCHASE AGREEMENT
THIS AGREEMENT, made as of the ?-~°~day of ~1"~ I ¥ ,2000, by and between
~ott-'l: ff.. C_o ~,,e,_ ., hereinafter referred to as Seller, and the City of Columbia
Heights, a municipal corporation, hereinafter referred to as Buyer.
WITNESSETH:
WHEREAS, Seller owns certain real estate situated at 3855 Main Street N.E., Columbia
Heights, Minnesota, and legally described below; and
WHEREAS, Buyer wishes to purchase and Seller is willing to sell to Buyer said real
estate; and
WHEREAS, the parties wish to define their respective fights, duties and obligations
related to the sale/purchase of said real estate.
NOW, THEREFORE, in consideration of the mutual promises and the respective
agreements contained herein, the parties hereby agree as follows:
1. Property
The Seller hereby agrees to sell and the Buyer hereby agrees to purchase the following
described real estate located in the City of Columbia Heights, State of Minnesota to-wit:
Lot 2.9 Block 80, Columbia Heights
Annex to Minneapolis, Anoka County Minnesota
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2. Purchase Price
The purchase price for the subject property shall be the sum of Fifty Four Thousand and
00/100 Dollars ($54,000) payable at closing.
~ after signing of the Purchase Agreement by the Seller.
4. Closing /~,~~ ~'~
The closing shall be on or before August ~ 2000, or within 30 days after all title
objections have been satisfied by the Seller, if any have been made by the Buyer.
Contingency
This offer is contingent upon approval by the Columbia Heights City Council for a period
5. Possession
The Seller further agrees to deliver possession not later than August 18, 2000, after
closing provided that all conditions of this agreement have been complied with. All charges for
city water, city sewer, electricity, and natural gas shall be prorated between the parties as of date
of possession. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY
NOT INCLUDED HEREIN from the property by possession date. Any personal property not
removed by the date of possession, shall be considered the property of the Buyer.
6. Deed/Marketable Title
Subject to performance by the Buyer, the Seller agrees to execute and deliver a Warranty
Deed conveying marketable title to said premised subject only to the following exceptions.:
a)
b)
c)
d)
e)
Building and zoning laws, ordinances, State and Federal regulations.
Restrictions relating to use or improvement of premises without effective
forfeiture provision.
Reservation of any minerals or mineral rights to the State of Minnesota.
Utility and drainage easements which do not interfere with present improvements.
Rights of tenants as follows: (unless specified, not subject to tenancies)
7. Title
The Seller shall, within a reasonable time after approval of this agreement, furnish an
abstract of title, or a Registered Property Abstract certified to date to include proper searches
covering bankruptcies, and State and Federal judgements and liens. The Buyer
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shall be allowed 15 days after receipt thereof for examination of said title and the making
of any objections thereto, said objections to be made in writing or deemed to be waived.
If any objections are so made the Seller shall be allowed 60 days to make such title
marketable. Pending correction of title the payments hereunder required shall be
postponed, but upon correction of title and within 10 days after written notice to the
Buyer, the parties shall perform this agreement according to its terms.
If Seller shall fail to have said exceptions removed or satisfied within the time
provided, Buyer may elect to do one or more of the following: (a) remove or satisfy the
exceptions on behalf of Seller and at Seller's cost and expense, all of which costs and
expenses shall be deducted fi.om the purchase price at closing; (b) elect to purchase the
property subject to the exceptions; and/or (c) declare this Agreement null and void (in
which case neither party shall have any further liability or obligation to the other. In the
event Buyer elects to remove or satisfy the exceptions on behalf of Seller in accordance
with alternative (a) above, Seller shall cooperate with and assist Buyer in all reasonable
respects.
9. Special Assessment~
Seller shall pay on date of closing all installments of special assessments. Seller
shall pay on date of closing all other special assessments levied as of the date of closing.
Seller shall provide for payment of all special assessments pending as of the date of
closing for improvements that have been ordered by the city or other assessing
authorities. Seller shall pay on the date of closing, any deferred taxes.
10. Seller Warranties
Seller warrants that buildings, are or will be, constructed entirely within the
boundary lines of the property. Seller warrants that there is a right of access to the
property fi.om a public right of way. These warranties shall survive the delivery of the
deed or contract for deed.
Seller warrants that prior to the closing, payment in full will have been made for
all labor, materials, machinery, fixtures or tools furnished within the 120 days
immediately preceding the closing in connection with construction, alteration or repair of
any structure on or improvement to the property.
Page 4 of 6
Seller warrants upon execution of this Agreement, Seller will not rent the property
once it is vacated by any person now occupying same.
Seller warrants Seller has executed no option to purchase, fight of first refusal, or
any other agreement giving any person or other entity the right to purchase or otherwise
acquire any interest in the property, and Seller is unaware of any option to purchase, right
of first refusal, or other similar rights affecting the property, except as otherwise noted in
the title commitment for the property.
Seller has received no notice of any action, litigation, investigation or proceeding
of any kind pending against Seller, nor to the best of Seller's knowledge is any action,
litigation, investigation, or proceeding pending or threatened against the Subject
Premises, or any part thereof.
On the Date of Closing, there will be no service contracts in effect in connection
with the Subject Premises, except those which are terminable on thirty (30) days' written
notice.
11. Risk of Loss
If There is any loss or damage to the property between the date hereof and the
date of closing, for any reason including fire, vandalism, flood, earthquake, or act of God,
the risk of loss shall be on Seller. If property is destroyed or substantially damaged
before the closing date, this Purchase Agreement shall become null and void, at Buyer's
option, and earnest money shall be refunded to Buyer; Buyer and Seller agree to sign
cancellation of Purchase Agreement.
12..Time of Essenc~
Time is of the essence in this Purchase Agreement.
13. Acceptance
Seller understands and agrees that this Purchase Agreement is subject to
acceptance bY Buyer in writing.
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14. Environmental Concerns
To the best of the Seller's knowledge there are no hazardous substances,
underground storage tanks, or wells except herein noted:
15. Well Disclosure
Buyer acknowledges receipt of a well disclosure statement from Seller attached as
Exhibit A to this Agreement.
16. Individual Sewage Treatment System Disclosure
Seller discloses that there is not an individual sewage treatment system on or
serving the Property.
It is specifically agreed that the Real Property is being conveyed to the Buyer by
the Seller in "As'Is Condition" ("with all faults").
18. Right of Entry.
Buyer is duly authorized agents shall have the fight during the period from the
date of this Agreement to closing, to enter in and upon the Premises in order to make, at
Purchaser's expense, surveys, measurements, wetland delineations, soil tests, and other
tests that Buyer shall deem necessary. Buyer agrees to restore any resulting damage to
the Premises and to indemnify, hold harmless and defend Seller from any and all claims
by third persons of any nature whatsoever arising from Buyer's right of entry hereunder,
including all actions, suits, proceedings, demands, assessments, costs, expenses and
attorneys' fees.
19. Brokers Commissions
In the event Seller has retained the services of any agent, person, corporation or
finn to assist in the sale of the property who, in tmah is entitled to a commission by
reason of this Agreement and the closing hereunder, Seller hereby agrees to indemnify
and hold Buyer harmless from any liability arising therefrom.
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21. Entire Allreement
This Purchase Agreement, any attached exhibits and any addenda or amendments signed
by the parties, shall constitute the entire agreement between Seller and Buyer, and supersedes
any other written or oral agreements between Seller and Buyer. This Purchase Agreement can be
modified only in writing signed by Seller and Buyer.
22. Incidental Expens es ~)q~C~/
· A. 11,?q~~examination of title, t~fer tax,Xl~paration and recojff'~'~d, ~
apprmsa~eJos~ng tees, l~t surveys, etc. wiJ~e paid by the BKver. Any cosVfncurred to reXfswve
any
resp .
23. Ineligible for Relocation Assistant,. ,t~ 2,9~.~
The Seller acknowledge that they have voluntarily entered this Purchase Agreement and,
as such, acknowledge that the Sellers are not "displaced persons" as defined by The Uniform
Real Property Acquisition and Relocation Act of 1970 as amended and M.S. 117.52 and hence
the Sellers are not eligible for any relocation assistance or benefits (see Addendum "C", Waiver
Agreement Regarding Relocation Benefits)·
The undersigned, owner of the above land, does hereby approve the above agreement and the
sale th ereby made. ~}~/~.z5/~
SELLER: '~--,~ 6- O O
Bart E. Cole
I hereby agree to purchase the said property for the price and upon the terms above mentioned,
and subject to all conditions herein expressed.
Walter F.~t- Cit~lumbia Heights
Gary Petersot~ M~37~, ~2ity Of Columbia Heights
FINAL ACCEPTANCE DATE OF PURCHASE AGREEMENT:
H:hCorms~Purchase Agreement
1'8/28/1999 1~:i6 e12~8~e75 WILSON DEVELOP SERV
Addendum "C"
WAIVER AGREEMF.,NT REGARDING RF, L~A~ON BENEFITS
~, ~r is the f~ ~er of ~ ~ pmpe~ ~d ~pmvemen~ ~
~den~ P~s I~d at 3 ~ K~ ~ ~, ~r
Co~ of
pmu~t ~ Minn~ S~m~ No. 117.52 and ~e U~m ~~n ~~ ~d
~ Pm~ ~i~n Poh~e ~, 42 U.S.C. No. ~21 et seq., ~e~~ ~md
as ~~ ~9 ~ the ~k ~ ~t~ W a~t ~ the ~I~a~on of~e
I. ~b~m~ of M~o
You m~ ch~ ~n ~er a p~ent ~r yo~
a~ ~nable m~ ~d mlat~ ~s or a
~ m~ey e~en~ ~d ~fion ~~.
To e~ble ~u to b~ ~, ~u p~, ~nt a
~mp~ble ~ sm~ble ~p~nt home.
to help the owner ~l~a~ m a ~mp~able de~
~q~d ~ mo~e ~m the~ home. ~ t~ ~
:, ~ I ~ met ~ a
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~ ~l~ed m me t~t ~e C I~ ~ ~ not acq~ ~e
P~ ~m me, ~s I ~l~y enmr ~m ~e a~ment of ~e ~d ~o a~ w
~, I ha~ ~i~ ~d ~ad the pampMet "~l~on ~is~ to Displa~d
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i.o/2e/i999 id:is 612~8~675 WILSON DEVELOP SERV
P~GE I2
~ pmpe~ ~ the~ ~ ttF
~ ~r~d the ba~e
~men~ of ~he U~rm ~ ~ ~C '~ c~ n~ ~ mq~d ~ ~ ~e
h . ~e~ ~n ~ relation
p~u~ ~ ~e~a ~a No. 117.~0 e~ ~. ~d ~ U~ ~l~fion
~e~ ~d ~ ~pe~ ~i~on Po~es A~ 42 U.g.C. ~o. 4621 eS ~q.
Witne.~
SeHer
18/28/1999 14:18 812~B~B76 WILSON DEVELOP SERV
PAGE
WELL DI.~,OSUFIE STATEMENT
GUIDEFORM NOTICE - Disclosures to Seller with
Voluntary, Arm's Length Purchase Offer
Dear Bart E. Cole:
This is to inform you that the City of Columbia Heights would like to purchase the
property located at 3855 Main Street N.E., Columbia Heights, if a satisfactory agreement can be
reached. We are prepared to pay $54,000 for clear title to the property under the conditions
described in the attached proposed contract of sale.
Because Federal funds may be used in the purchase, however, we are required to disclose
to you're the following information:
The sale is voluntary_. If you do not wish to sell, the City of Columbia Heights
will not acquire your property. The City of Columbia Heights will not use the
power of eminent domain to acquire the property.
2. We estimate the fair market value of the property to be $55,300.
Since the purchase would be a voluntary, arm's length transaction, you would not be
eligible for relocation payments or other relocation assistance under the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (URA), or any other law or
regulation. Also, as indicated in the contract of sale, this offer is made on the condition that no
tenant will be permitted to occupy the property before the sale is completed.
Again, please understand that if you do not wish to sell your property, we will take no
further action to acquire it. If you are willing to sell the property under the conditions described
in the attached contract of sale, please sign the contract and return it to us.
If you have any questions about this matter, please contact Randy Schumacher.
His telephone number is 763-706-3675.
Enclosure
Sincerely,
Comrn~~evelopment Assistant
FILE #: TC- 96645
PURCHASER'S CLOSING STATRNr~P
SELLERS:
Bart E. Cole
PURCHASERS:
City of Columbia Heights
PROPERTY:
3855 Main Street, Columbia Heights, MN 55421
29/80 Columbia Heights Annex, Anoka County, Minnesota
DATE:
August 15, 2000
Contract sales price
County tax prorations
7/ 1/00 to 8/15/00
Title examination to Land Title, Inc.
Title insurance policy to Land Title, Inc.
Name Search to Land Title, Inc.
Recording Fees to Anoka County Treasurer
DEBIT
54,000.00
130.00
216.00
25.00
31.50
73.69
Sub-Totals
Balance due to close
$54,402.50
$73.69
54.328.81'
Totals Accepted this 15th day of August 2000: S54.402.$Q
City of Columbia Heights
S54.402.50
*Please have certified or cashier's check made payable to
Land Title, Inc. in the amount of $54,328.81.
DATE:
Augustl5,2000
TO:
Randy Schumacher, Community Development Assistant, City of Columbia
Heights, Minnesota
FROM: Bart E. Cole
Occupants at 3855 Main Street
Based on our discussion at the signing of the purchase agreement on July 26, 2000 for the above
stated property, I indicated that I, (Bar'lJ E. Cole) was the sole owner and resident at 3855 Main
Street N.E., Columbia Heights, MN.
In addition, I informed you that at the time I had some friends staying with me. The names of
those individuals are as follows:
Please be advised that they are not renters of this property and I am not receiving any rental fees
for same. They have not stayed at my residence in excess of 90 days nor have listed my address
as their permanent mailing address.
I hope this clarifies any questions you may have relating to the residential status of those
individuals listed above.