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HomeMy WebLinkAboutContract 1595 ORIGINAL Page 1 of 6 I 5 5 1 Address Columbia Heights, MN 554421 REAL ESTATE SALE/PURCHASE AGREEMENT THIS AGREEMENT, made as of the 10 day of Sanitctrti , 2001, by and between M l ltired V Johnson , , 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 4542 Washington St , 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 nghts, 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 descnbed 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 puce for the subject property shall be the sum of One, h e i q ht Thousand and 00 /100 Dollars ($ 1 .eo on) payable at closing 4 3 Closing The closing shall be on or before Tun e, 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 u, 1 2 nd, 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) Restnctions relating to use or improvement of premises without effective forfeiture provision (c) Reservation of any minerals or mineral nghts 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, furmsh an abstract of title, or a Registered Property Abstract certified to date to include proper searches covenng bankruptcies and State and Federal judgments and hens 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 wnting 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 puce 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 8 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 authonties 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 nght of access to the property from a public nght of way These warranties shall survive the delivery of the deed or contract for deed Seller warrants that pnor to the closing, payment in full will have been made for all labor, matenals, machinery, fixtures or tools furmshed 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, nght of first refusal, or any other agreement giving any person or other entity the nght 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 htigation, 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' wntten 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 nsk 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 wntmg 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 penod of 10 days then and m 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 nght 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 authonzed agents shall have the nght dunng the penod 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 mdemmfy, hold harmless and defend Seller from any and all claims by third persons of any nature whatsoever ansmg from Buyer's nght 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 wntmg 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 'G I hereby agree to purchase the said property for the pnce and upon the terms above mentioned, and subject to all conditions herein expressed BUYERS ■ Walter,. ehst ge Gary Pet rson Mayor Final Acceptance Date ADDENDUM A WAIVER AGREEMENT REGARDING RELOCATION BENEFITS AGREEMENT made this I t) " day of TanL1a r 4 , 20(11 by and between NI t i ri r e t V . Johnson (hereinafter jo tly 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 '4E42 bill hi k Qj ( hereinafter "subject property ") m the City of Columbia Heights County of Ano State of Mi mesota and WHEREAS Owner knows and understands certain relocation benefits are available pursuant to Minnesota Statute No 117 52 and the Umform Relocation Assistance and Real Property Acquisition Pohcies Act 42 U S C No 4621 et seq (hereinafter referred to as Umform Act ) from the Buyer and/or The Columbia heights Economic Development Authority to assist m 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 $16 000 00 WHEREAS on a.h Un r t. 1 a , 20 01 I have met with a representative of Wilson Development Services the relocation consultants for the City and discussed the relocation benefits provided under the Uniform Act They explained to us that we cannot be required to sell this property to the City of Columbia Heights They also explained to me that the Buyer and/or the City of Columbia Heights will not acquire the property from me unless I voluntarily enter mto the agreement of sale and also agree to waive my relocation rights under the Uniform Act WHEREAS I have received and read the pamphlet Relocation Assistance to Displaced Homeowners (HUD 1044 CPD) NOW THEREFORE I et lard, VSOhnso am the owner and occupant of the property at Lisitz washincitom St m Columbia Heights I have voluntarily submitted an offer to sell this prope'fty to the Buyer I understand the basic requirements of the Uniform Act I know that I can not be required to sell the property to the Buyer unless given the relocation assistance required by the Uniform Act I hereby release and waive the City of Columbia Heights from any and all claims for relocation benefits pursuant to Minnesota Statutes No 117 50 et seq and the Uniform Relocation Assistance and Real Property Acquisition Policies Act 42 U S C No 4621 et seq / — 10 - 0/ ✓ -euc.t oe9d5: ,06e) (� Witness Witness 01/22/2001 11 10 6124484676 WILSON DEVELOP SERV PAGE 02 • toLLL UIS(,LUSUI IL S I A l LIvILI11 This tom approved by the Minnesota Assocheon 91 REALTORS* which dlsclslme any e■bsey arising out oI use Of MIN NS of h$u Imm c lees knn3$rluu u� Ud i"rlplel ekignso Edina MN 1 Data 2 Pegs 1 of 1 Pages THE REQUIRED MAP IS 3 ATTACHED HERETO AND MADE A PART HEREOF Minnesota Stabiles See 1031 235 rapine That before signing an agreement to sell or Mangler real properly the Seller must disable Informelbn In %riling le the Buyer about the slalua and Woollen or all known wells on the property Tills tsqukemenl N seeded by delivering le the Buyer either • statement by the Seller that the Seger doom not know W any was on the properly Of a dlecbewe elalut»M Indlading the legal description and county end a map showing the location ol sale well In rite discipline ela►en1gn1the Selletmusl Indicate for each well whether the well la In use not In use or sealed e Unlsse the Buys and Beller ogres 1e the contrary In writing balms the closing of the sale a Beller who lalla 10 disclose 1 tin esletenos ar Meson Melt* el • Well al the lime of eels and knew or had lesson to know of the eafslencs or known 2 Maim cl the well Is MON to the Buyer for even releling to essling of Ile well and reasonable stlorney lees for collection et eagle Item the Bier M the action le eornmenoed within slit years eller the date the Buyer closed the 4 purchase el Ure real properly where the well le located 5 Legal requitement, ads) relating to Imbue moo* al location and status of woes Buyer Is advised to contact the local s waifs) of government stale agency or qualified professional which regutalee wells Iqr lyeliler kdormallan about urese I Issues e Instructions for completion o11hle form ere on the reverse aide a PROPERTY DESCRIPTION 0 Street address 4542 Washington Street, Coltanbia Heights, mts2 Anoka t LEGAL DESCRIPTION coy county Lot 3, Block 4, GJettes Annex to Columbia Heights • WELL DISCLOSURE STATEMENT a (CHECK THE APPROPRIATE BOX ) IY The Seller cedilla's that the Salver does not know of any walls on Ilse above described real properly e (11 this option 1a checked Then skip lo the last ono and sign and dale this statement ) 3 ❑ The Seller cerlNlee That the following wells are located on the drove described real properly 3 MN Unique k Weft Year of Well IN USE NOT IN SEALED Well No Depth Consl Typo USE t WeUI O ❑ 4 Well 0 ❑ 0 1 We ll __ 0 ❑ 0 5 NOTE Se* d.QMllolt of tonne "IN USE," NOT IN USE " and "SEALED on line 82 BB 11 e well Is nol In 1 use II must be sealed by licensed well contractor ore well owner must obtain a maintenance permit r from Ihs Minnesota Department of Held% and pay an annual maInlsnsncs lee If a well is operable and 1 properly melntalned • maintenance permit Is not required 9 SEALED WELL INFORMATION o Ecr`sach well dselglltlad as sealed above complete Ina aeollon 1 When wee the well sealed? L Who waled the well? I Was a Sealed Well Repot) tiled with the Minnesota Department of Health/ Yee No Unknown 1 MAP I Complete the attached MAP showing the bastion of each well on the real properly 1 This dleclosure la Rol a warranty of any kdtd by the Beller(e) or any Agents) representing any Paily(e) In !1111 kensacilon and Is note eubeUluls for any 1n peolione Of walrandes Ihs Party(e) may wish to obtain CERTIFICATION BY BELLER 1 c illIy IM MO Informallpl p r ; above le • rale and cottptele lo the beet of my knowledge lithe w • rynsIM rkyr J "K pier desrlenus krotovnbwr) 1DNy BUYER S ACKNO LEDUEMENT Puri h laser) )err) IoetF ORIGINAL COPY TO USTINO BROKER COPIBB TO BELLER BUYER BELLING BROKER