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HomeMy Public PortalAboutORD10649 BILL NO. SPONSOR BY COUNCILMAN ORDINANCE NO. ! 6( Cf 9 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI , APPROVING THE TERMS AND CONDITIONS OF A CONTRACT BETWEEN ALBERT L. LINHARDT AND ROY KIESLING AND THE CITY FOR THE PURCHASE OF REAL ESTATE AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS RELATING TO THAT PURCHASE. BE IT ENANCTED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. The City Council hereby approves the terms and conditions of a written contract , attached hereto as exhibit A, for the purchase of real estate within the City for the sum of $200, 000 . Section 2. The Mayor and Clerk of the City are hereby authorized to execute any further documents relating to the purchase of said real estate. Section 3 . This ordinance shall be in full force and effect from and after its passage and approval. Passed �/ IC Hzl, L4 Approved Pr )din Officer Ma ATTEST: City' Clerk • CONTRACT FOR THE SALE OF REAL ESTATE This contract made and entered into this 28th day of March, 1986, by and between Albert L. Linhardt and Roy Kiesling, hereinafter referred to as Sellers, and the City of Jefferson, Missouri, a municipal corporation, hereinafter referred to as Buyer: WITNESSETH: 1. SALE OF PROPERTY: Sellers agree to sell and the Buyer agrees to buy upon the terms and conditions herein set out the following described real estate situated in Cole County, Missouri, to wit: 19.5 Acres in Section 11 Township 44N Range 11 West within the city limits of Jefferson City, Missouri. Legal description to be more fully inserted following completion of a survey. Subject to any reservations, easements or restrictions of record in any zoning laws, regulations or ordinances effecting said property, as will not materially interfere with such use of the property as the Buyer might reasonably expect to make in view of the general character of the area and neighborhood in which the property is located. 2 . PURCHASE PRICE: The purchase price to be paid by the Buyer is Two Hundred Thousand Dollars ( $200, 000 ) payable as follows : Five Thousand Dollars ($5, 000 ) at the time of the execution and delivery of this contract, the receipt of which is hereby acknowledged by Sellers and which is deposited with Gratz Real Estate as Agent for Sellers as earnest money to be held by Gratz Real Estate and paid out under the terms and conditions of this contract ; Upon closing, One Hundred Thousand Dollars ( $100, 000 ) in cash or by certified check, which includes the $5 ,000 escrowed, and One Hundred Thousand Dollars ($100,000) to be evidenced by a negotiable purchase money promissory note in a form approved by Sellers -to be amoritized in equal annual installments over a period of three years bearing interest at the rate of 10% per annum and secured by a first deed of trust in a form approved by Sellers and covering the property described above. The note shall provide for prepayment of any amount in One Thousand Dollar ($1, 000 ) increments on any installment date. Any prepayment shall be without penalty. 3 . ABSTRACT OF TITLE: Seller shall, at least twenty (20 ) days prior to closing, deliver to Buyer an Abstract of Title to said property certified to date by a competent abstractor showing the title marketable in fact to the Seller, and taxes, assessments , judgments and mechanics liens of record effecting said property, subject, however, to the exception qP stated herein. If the Abstract is delivered less than ten ( 10 ) days from the date of closing specified in this contract, the closing date shall be automatically extended so as to allow the Buyer ten ( 10 ) days to examine the Abstract and present written objections to title, if any, prior to the actual closing. Furthermore, if the examination of the Abstract reveals any defects , the specified closing date shall be automatically extended for ninety (90) days from the date of receipt of the written objections to title to allow Seller to correct the defects specified. Any defects appearing in the Abstract and not objected to, except liens of records which can be removed by the payment: of money, shall be deemed waived, but only in so far as correction of the Abstract is concerned. If any of said defects so noted are not corrected within ninety ( 90) days after delivery of such objections then this contract shall be null and void and aforesaid earnest money shall be returned to the Buyer and the abstract returned to the Seller. 4 . TITLE INSURANCE: In lieu of the Seller furnishing to Buyer an Abstract of Title for examination, the Seller may, prior to closing, deliver to Buyer a commitment to issue an owner's policy of title insurance. Any commitment made hereunder shall be in the amount of the purchase price of the property, naming the Buyer as the insured and issued by a title insurance company licensed to write title insurance in Missouri, which policy shall insure the owner' s title to be marketable in fact as called for in this contract and shall provide that a policy shall be issued immediately after the Sellers warranty deed to the Buyer is placed of record. The cost of said title insurance will be paid for by the Seller. 5. MARKETABILITY OF TITLE: It is understood that title herein required to be furnished is marketable title as set forth in Title Standard 4 of the Missouri Bar. It is also agreed that any encumberance or defect in the title which is within the scope of any of the title standards of the Missouri Bar shall not constitute a valid objection on the part of the Buyer provided the Sellers ' furnish the affidivits or other title papers if there are any described in the applicable standard. 6. WARRANTY DEED: If the title to said real estate is marketable in fact as called for herein Seller shall deliver for the Buyer at the office of said Sellers ' agent a general warranty deed free and clear from all liens and encumberances whatsoever except as herein provided, the Buyer shall then and there pay the balance, if any, of said cash payment and deliver to the Sellers the note and deed of trust, if any, herein provided for. w 7 . TAXES : Seller shall pay in full all state, county and municipal taxes and assessments , general and special, which are a lien on said property, except taxes for this calendar year, which shall be prorated as of the date of delivery of the deed. If the amount of taxes cannot be ascertained, proration shall be computed on the amount of general taxes for the proceeding calendar year. The rental from said property, if any, shall go to the Seller prorated to date of delivery of the deed and to the Buyer thereafter. Security deposits and advanced rents , if any, shall be paid to the Buyer at closing. 8. LIQUIDATED DAMAGES : It is understood and agreed that if Sellers have kept the Sellers ' part of this agreement by furnishing marketable title as herein provided and if the Buyer fails to comply with the obligations outlined in this agreement, then the money deposited as earnest money may be paid over to the Sellers as liquidated damages and this agreement may or may not thereafter be operative at the option of the Sellers . That is , Sellers may elect to accept the earnest money as damages for Buyers breach of this agreement or pursue other legal remedies, including but not limited to suit for specific performance or actual damages . If the aforesaid money deposit is paid over to the Sellers then it shall be divided equally between the Sellers and the said named agent for the Sellers provided, however, that the said agent shall in no event receive any sum of money for his services greater than the amount agreed to as commission. 9 . MECHANICS LIEN: On or before the date of closing Sellers shall furnish to Buyer satisfactory proof that there are no accounts outstanding for which mechanics liens could be filed against the above described property. In the alternative, if title insurance is used the policy shall insure Buyer against any and all mechanics liens . 10. SURVEYS: Boundaries of the property are to be established by a survey of the property showing both boundaries , and any improvements with reference to the boundaries and said survey shall be included in the abstract of title, if one is provided. The cost of the survey shall be the responsibility of Buyer. The cost of including the survey in the abstract of title shall be borne by Sellers. Buyer will cause surveys to be made at its expense to ascertain the presence or absence of environmental hazards and culturally significant objects . 11. POSSESSION: Absolute and unqualified possession shall be delivered to the Buyer at the time of closing. Premises shall be reasonably clean and shall be free of trash and refuse. 12 . CONTINGENCIES: This contract is contingent upon the following: a) Buyer obtaining title to an adjoining tract of ground belonging to Wal-Mart Incorporated. In the event Buyer has not acquired the land or entered into a valid FAMEMM contract by May 1, 1986, this contract shall be null and void at Buyer' s option. b) Absence of any environment hazard which would cause the property to fall within the jurisdiction of the Missouri Department of National Resources or the Federal Environmental Protection Agency. c ) Absence of any items of cultural significance which would cause any part of the property to come within the jurisdiction of Department of Natural Resources of the Federal Historic Register. In the event this contract is declared to be null and void all earnest money in escrow shall be returned to Buyer. 13. CLOSING: This sale shall be closed at the offices of the City of Jefferson in Jefferson City, Missouri, on or before the 28th day of May, 1986, at which time all monies and papers shall be delivered, and all other things called for by this contract at the time of closing shall be done: provided, if title has not been perfected by said date but is perfected thereafter during the continuance of this contract, this sale shall be closed within five (5 ) days after title has been perfected and improved by the Buyer. If the Seller continues in possession of the premises beyond the date of closing the Sellers shall maintain the premises in the same condition as existed at closing and the Seller shall be liable to the Buyer for any change in the condition of the premises occurring during the Sellers occupancy. 14 . COMMISSION: Sellers agree to pay to Gratz Real Estate the commission agreed upon between Sellers and Gratz Real Estate, which is six (6% ) per cent of the sales price. 15. PRORATION: Where items are to be prorated the Buyer shall have the benefit of or be charged with the day of closing as the case may be; and where significant the actual number of s days in a particular month shall be taken into account. 16. BENEFIT: This contract shall be binding upon the parties hereto, their heirs , executors and administrators , successors and assigns . Permission is hereby granted by Sellers and Buyer for Gratz Real Estate to provide sales data information on this transaction, including selling price and property address, to the local board of realtors, its members, members prospects, appraisors and other professional users of real estate sales data. �X.5"e ee t'-" 'e'-� rIA66111>4-4�/ 0 06,01 B. ALLEN GARNER, C TY COUNSELOR BERT L. LINHARDT PTM-.9:aBATES, OF ROY K ESL G PUBLIC WORKS ;n ., .� w ROLL NUMBER RECORDS CERTIFICATION I, the undersigned, an employee of Custom Imaging Service, L.L.C. do hereby certify that the microfilm images on this reel of microfilm (Reel No. L-Ti— } are complete and accurate reproductions of the original records of City of Jefferson as accumulated during the regular business, and that it is the established policy and practice of this company to microfilm it's records for permanent file and to dispose of the original records after microfilm reproductions have been made and assigned to the company files. Name Title Date aw,Arl e Title Date . 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