HomeMy WebLinkAboutContract 1595 ORIGINAL
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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
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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
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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 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
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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
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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
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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