Loading...
HomeMy WebLinkAboutContract 1569 ORIGINAL Page 1 of 6 / 569 j Address: Columbia Heights, MN 554421 REAL ESTATE SALE/PURCHASE AGREEMENT THIS AGREEMENT, made as of the 10 day of J initarti- , 2001, by and between N' Idrej V, Soh nS on , hereinafter referred to as Seller, and the City of Columbia Heights, a municipal corporation, hereinafter referred to as Buyer. WITNES SETH: WHEREAS, Seller owns certain real estate situated at 4542 Washingtbn 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 rights, 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 3, Block 4, Gillettes Annex to Columbia Heights Page 2 of 6 2. Purchase Price The purchase price for the subject property shall be the sum of One, hundred Thousand and 00 /100 Dollars ($ ( 08,60 n . ©c ) payable at closing. 3. Closing The closing shall be on or before Ju q or with in 30 days after all title objections have been satisfied by the Seller, if any have been made by the Buyer. 4. Possession The Seller further agrees to deliver possession no later than i 2nd, 2001, provided that all conditions of this agreement have been complied with. 1 charges for city water, city sewer, electricity, natural gas, and real estate taxes 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. 5. 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) Building and zoning laws, ordinances, State and Federal regulations (b) Restrictions relating to use or improvement of premises without effective forfeiture provision. (c) Reservation of any minerals or mineral rights to the State of Minnesota. (d) Utility and drainage easements which do not interfere with present improvements. (e) Rights of tenants as follows: (unless specified, not subject to tenancies) 6. 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 judgments and liens. The Buyer Page 3 of 6 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 from the purchase price at closing; (b) elect to purchase the property subject tot he 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. 7. Real Estate Taxes Real estate taxes due and payable in and for the year of closing shall be prorated between Seller and Buyer on a calendar basis to the actual date of possession. S. Special Assessments 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. 9. 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 from 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, right 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. 10. 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. 11. Time of Essence Time is of the essence in this Purchase Agreement. 12. Acceptance Seller understands and agrees that this Purchase Agreement is subject to acceptance by Buyer in writing. 13. Default If the title to said property shall be found marketable or be so made within said time, and said Buyer shall default in any of the agreements and continue in default for a period of 10 days, then and in that case the Seller may terminate this contract and on such termination all the payments made upon this contract shall be retained by said Seller, as liquidated damages, time being of the essence hereof. This provision shall not deprive Page 5 of 6 either party of the right of enforcing the specific performance of this contract provided such contract shall not be terminated as aforesaid, and provided action to enforce such specific performance shall be commenced within six months after such right of action shall arise. 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. 17. As - Is - Basis 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 right 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 firm to assist in the sale of the property who, in turn, 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. Page 6 of 6 20. Entire Agreement 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. 21. Incidental Expenses All expenses of examination of title, transfer tax, preparation and recording of deed, appraisal, closing fees, lot surveys, etc. will be paid by the Buyer. Any cost incurred to remove any of Buyer's title objections on the title to convey a good and marketable title to said premised subject shall be the responsibility of the Seller. 22. Addendum A - Waiver of Relocation Benefits SELLER: �: ,. )- -7-1 I hereby agree to purchase the said property for the price and upon the terms above mentioned, and subject to all conditions herein expressed. BUYERS: G� / ./.: 11 Walterehst rnage / Gary Peterson Mayor Final Acceptance Date: ADDENDUM A WAIVER AGREEMENT REGARDING RELOCATION BENEFITS AGREEMENT made this '1b day of jail Lla , 20o by and between M i l o e t V. So h n s o n (hereinafter joy referred to as "Owner "), and the City of Columbia Heights (hereinafter referred to as "Buyer "). WHEREAS, Owner is the fee owner of certain real property and improvements used for residential purposes located at 45 42 (A/QShI hereinafter "subject property), in the City of Columbia Heights, County of AnolM, State Minnesota; and WHEREAS, Owner knows and understands certain relocation benefits are available, pursuant to Minnesota Statute No. 117.52 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. No. 4621 et seq., (hereinafter referred to as "Uniform Act ") from the Buyer and/or The Columbia heights Economic Development Authority to assist in the relocation of the personal residence at the subject property, which relocation benefits are: 1. Reimbursement of Moving Expenses You may choose between either a payment for your actual reasonable moving and related expenses or a fixed money expense and dislocation allowance. 2. Replacement Housing Assistance To enable you to buy or, if you prefer, rent a comparable or suitable replacement home. 3. Other Relocation Assistance This includes housing referrals and other assistance to help the owner relocate to a comparable decent, safe, and sanitary dwelling. The owner cannot be required to move from their home, unless they are given reasonable opportunities to relocate to a comparable decent, safe and sanitary dwelling that they can afford. Specifically, I am waiving the following relocation benefits: Replacement Housing Payment Estimate a. Differential $16,000.00 Waived b. Incidental closing costs N/A c. Interest rate differential N/A Moving Costs To be determined - $1050 or based on estimate by a professional mover. Not Waived Total Estimated Waived Relocation Benefits: $16,000.00 WHEREAS, on 3..r\. \ko. r I D , 20 OE I have met with a representative of Wilson Development Services, the relocation consultants for the City, and discussed the relocation benefits provided under the Uniform Act. They explained to us that we cannot be required to sell this property to the City of Columbia Heights. They also explained to me that the Buyer and/or the City of Columbia Heights will not acquire the property from me, unless I voluntarily enter into the agreement of sale and also agree to waive my relocation rights under the Uniform Act. WHEREAS, I have received and read the pamphlet "Relocation Assistance to Displaced Homeowners. (HUD- 1044 -CPD) NOW THEREFORE I, t-C ldrea V .T0 hn so h am the owner and occupant of the property at Lk-gi2. WUShi tar\ St . in Columbia Heights. I have voluntarily submitted an offer to sell this property to the Buyer. I understand the basic requirements of the Uniform Act. I know that I can not be required to sell the property to the Buyer unless given the relocation assistance required by the Uniform Act. I hereby release and waive the City of Columbia Heights from any and all claims for relocation benefits, pursuant to Minnesota Statutes No. 117.50 et seq. and the Uniform Relocation Assistance and Real Property Acquisition Policies Act, 42 U.S.C. No. 4621 et seq. Witness Witness 01/22/2001 11:10 6124484676 WILSON DEVELOP SERV PAGE 02 • Yy1.LL IJIbGLUSUI It; S 1111 IvlLI1 i • This loam approved by Ike Minnesota Assoclsuon of REALTORS*, Mach disclaims any liability erleh49 oul of use or misuse of 11d. loon. 0 . Dsla O hrnes 2 *Qc_w 11 of Z U U i RBm, Edina, MN 2. Page 1 Of 1 d Page l s 1 THE REQUIRED MAP IS • . 3. ATTACHED HERETO AND MADE A PART HEREOF • • Minnesota StMdee, Sec, 1031.235 requires Ihal before elgning en agreement to sell or bungler real properly, 1110 Salley must dl close InlonneUon h wiling to the Buyer *beat the elalus end bouillon od all known wells on the properly. Tills requirement Is sa11s1Md bydeUvidng to tin Buyer either a etstsment by the Seller then the Seller does not know ill any wells an.Ihe pioperly, or a d.Closwe elsletnenl & the legal descrlpllon arid. county, end a map showing the IOCalion d ears wee. In live dlcloeul• elalenwnl the 9etle(,muol Indicate, for each well, whether the well Is In use. not In use or waf'd. . e. unless Me Buyer and limier spree b the oonrrery, In writing, belong the closing of Me este. s Boller who felts to dlaclose 1. the existence or layover, stsdue of Swell shire lime of eels and Anew or had reason to know of fire eelolence or known i. 'talus of the wain: h hbn to Iha Buyer for costs relating Io'negllng of 11., well end re*'onebte sllwney lees for 2, . ooltecrlon el mils Iran the Beier. II del *albn Is eemnrenosd wahln six year' alter the date Itra Buyer closed the 4. purchase at Qw real properly whey* the well w located, S. Legal requirements eafst dealing to yellow aspects of locatlan end !talus of wells, Buyer Is advised to contact the local • I. une(e) el government, slate %renoy; or quslleid professional winch regulates walla ter further Information about thee. F. Issues. • e, Instruction* tor completion of this form ere on the reverse side. a, PROPERTY DESCRIPTION . • • . o. sire', address 4542.'Washinctton` Street, . Columbia Heights, mN Anoka f. LEGAL DESCRIPTION • a►y c01Nr _. Lot 3, Block 4 Gile.ttes Annex to Columbia Heights I. • • • I. i, WELL DISCLOSURE STATEMENT i. (CHECK THE APPROPRIATE BOX,) • r. C Th. S *per cart llas Bret the Seller does not know of any walls on the &boys ifescribod real properly. • - s. ill this option Is chi Then skip, to the last One. and sign and date Iles statement.) P. 0 The, Geller certifies Ihet the following walls aro' Iocillsd on Itre above deecrhbed real property. • D. MN Unique q . Well Year of • • . Well ill USE NOT IN SEALED 1 Well No. Depth • Gonvt. Type USE z. Weill • • 0 0 4 , i. W*I12 0 O 0 I. We113 0 0 0 s. NOTE: See d.btAlon of Isms "IN use "NOT IN UBE," And "SEALED" on lines 02 - 89, 11 a well Is nol In . 3. usa,11 must be *salad by • licensed well contractor or e' well • owner must obtain a maintenance permit r, from Iha Minnesota Deperlmsnt of Haallh and pay an .annual malntanance foe. II a well Is operable and O. moped) maintained, a realntsnsn*e permit Is nu1 required, 9. SEALED WELL INFORMATION • �. poi eecli di,elpnaud el UMW 'abwe, complete lM. section. • 1. 'When was the web sealed? • t. Whaceflled Be w*Ui f. Was a Sealed WgU Repoli Bled wllh the Minnesota Depaiimant of Health? Yea No Unknown 4. MAP i. Complete Ihe attached MAP showing Iho Iocafon of each wen on Ihs real property. 1• TIM $eclwurs Mimi a warfanlyof any kind by Sts.9Nler(s) or any Agent(s) representing any Parly(e) In 11119 kaneactbn, and Ie not s subst lute for any ItlapeoUons or warranties Ihe Parlyte) may wish to obtain. CER T1RCAT)ON at BELLER • • • • I c.tluy.lh$ the mramellon a ad above 15 : • rate and cot ptele 10 Ihe beet of my knowledge. i , f , A dedia:.. • • • i i • • • (ender dPerlpr.,Riusimmiiurrr • (oily • . BUYER'S ACKNO LEDOEMENT • 4 • 1 t l ID.Ui • • 'ORIGINAL COPY TO UBTINQ BROKER; COPIES TO REELER, BUYER, BELLING BROKER • •