Loading...
HomeMy Public PortalAboutResolutions-2008- 0814-- i r CITY -OF TIFFIN RESOLUTION NO. 2008- 08 A RESOLUTION APPROVING THE PURCHASE OF PROPERTY INFORMALLY KNOWN AS THE COUNTY SHED PROPERTY FROM . - JOHNSON COUNTY, IOWA, AND AUTHORIZING THE "MAYOR TO EXECUTE AN OFFER TO BUY ON BEHALF OF THE CITY OF TIFFIN. N WHEREAS, the City of 'Tiffin, Iowa, desires to acquire certain land, locally known as: "The County Shed Property" located between the main trackage of the Iowa Intrastate Railroad and Railroad Street, Tiffin, Johnson County, Iowa, and further described as follows: That property located in Tiffin, Iowa, that is informally' known as the "county shed property," and contains approximately '1.377 acres, more ,or less, and is bounded on the north side by, Railroad Street and on the south side by the trackage -of the Iowa Interstate Railroad, 'subject to easements and restrictions with the exact- legal description to' be approved by the attorney for the buyer. AND °WHEREAS, Johnson County, Iowa, is the titleholder of the above- described property and desires to sell it to the City of Tiffin; AND WHEREAS, the City desires to approve the puirchase of said property and to authorize the Mayor to enter into an Offer,to Buy and to direct the City Clerk to attest the Offer. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF TIFFIN, -IOWA, that the Council approves of the purchase of the. property referred to as "The County Shed, Property" on Railroad Street, Tiffin, Iowa; and further that the Mayor is authorized to execute the Offer to Buy, a copy of which is attached hereto and marked Exhibit "A" and that the. City Clerk shall attest to the execution of the Offer after which the Offer shall be presented to the Board of Supervisors of Johnson County, Iowa. r ON THE 14th day of May 2008, at a regular meeting of the Tiffin City Council, Tiffin,,, Iowa, Councilperson mike Gericke introduced a RESOLUTION APPROVING THE PURCHASE OF PROPERTY INFORMALLY 'KNOWN AS THE, COUNTY SHED PROPERTY FROM JOHNSON COUNTY, IOWA, AND AUTHORIZING THE MAYOR TO EXECUTE 4 S:\Clients\CitiesMffin\RE Purchase County Shed\RESO AUfH PURCHASE.doc N U AN OFFER TO BUY ON BEHALF OF THE CITY OF` TIFFIN made a motion for approval. The motion was seconded by Coun6lo&son Chris Ball Ayes : Chris gall', Mike Q-rjrkP Mark Petersen Nays:. None Ahsent: James Bartels and John Wright Motion carried., WHEREUPON-, the Mayor declared that the RESOLUTION APPROVING THE PURCHASE OF PROPERTY INFORMALLY KNOWN AS THE COUNTY SHED PROPERTY FROM JOHNSON COUNTY, IOWA, AND. AUTHORIZING THE MAYOR TO EXECUTE AN OFFER TO BUY ON BEHALF OF' THE; CITY OF TIFFIN, be adopted and sighifled 'his approval of the same by affixing his Signature, thereto. PASSED, by the Council on the 1.4t" day of May 2008, and, approved by the Mayor on the 14th day of May 2068. CITY OF TIFFIN-JO RMOr op Ph' s, May -4 r )LTT,EST: Vudi D6muth, City Clerk, S:\Cfients\Cities\Tiff'in\RE Purchase County Shed\RESO AUTH ;URCHASE.doe I "A Prepared by: Stephen N. Greenleaf, LYNCH GREENLEAF & MICHAEL,LLP, 1402 Willow Creek Ct(P.O. Box 1757,'lowa City IA 52244 (319)351-1055 OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: JOHNSON COUNTY, IOWA, Sellers: 1. REAL ESTATE DESCRIPTION. The Buyers offer to buy real estate in Johnson County, Iowa, described as follows: ' R Certain property located in Tiffin, Iowa, that is informally known as the "County Shed Property," and contains approximately 1.377 acres, more or less, and is bouiaded on the north side by Railroad Street and on the south side by P the trackage of the Iowa Interstate Railroad, subject _ to easements and restrictions, with the exact legal description to be approved by the attorneyfor the Buyer, along with, any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate;, provided Buyers, on possession, are permitted to make the following use of the Real Estate: public property. 2. PRICE. The purchase price shall be $160,000.00, payable at Johnson County, Iowa, as follows: $160,000.00 at the time of closing 3. -REAL ESTATE TAXES. N/A A. SELLERS shall pay all real estate taxes that are due and payable as of the date of possession and constitute alien upon this property, including any unpaid real estate taxes for prior years. + B. SELLERS shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2008) due and payable in the subsequent fiscal year (commencing July 1, 2008). BUYERS shall be given a credit for such proration at closing (unless this agreement ,is, for an installment contract) based upon the last known actual net real estate taxes payable according to public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value,` legislative tax rollbacks. and real estate , tax exemptions that will actually be applicable as shown by the Assessor's Records on the date of possession. ' , 4. SPECIAL ASSESSMENTS. a Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this offer. b. All other special assessments shall be paid by Buyers. 5. RISK OF LOSS,AND INSURANCE. Risk of loss prior to Seller's delivery of, possession of the Real Estate to Buyers shall be as follows: Allrisk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyers. F 6. CARE -AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers, provided, however; if 5.a. is stricken and there is loss or destruction of all or any part of the Real Estate S: \Clients\Cities\TifFm\RE Purchase Count3l Shed\OFFER.doc , R "A Prepared by: Stephen N. Greenleaf, LYNCH GREENLEAF & MICHAEL,LLP, 1402 Willow Creek Ct(P.O. Box 1757,'lowa City IA 52244 (319)351-1055 OFFER TO BUY REAL ESTATE AND ACCEPTANCE TO: JOHNSON COUNTY, IOWA, Sellers: 1. REAL ESTATE DESCRIPTION. The Buyers offer to buy real estate in Johnson County, Iowa, described as follows: ' R Certain property located in Tiffin, Iowa, that is informally known as the "County Shed Property," and contains approximately 1.377 acres, more or less, and is bouiaded on the north side by Railroad Street and on the south side by P the trackage of the Iowa Interstate Railroad, subject _ to easements and restrictions, with the exact legal description to be approved by the attorneyfor the Buyer, along with, any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways designated the Real Estate;, provided Buyers, on possession, are permitted to make the following use of the Real Estate: public property. 2. PRICE. The purchase price shall be $160,000.00, payable at Johnson County, Iowa, as follows: $160,000.00 at the time of closing 3. -REAL ESTATE TAXES. N/A A. SELLERS shall pay all real estate taxes that are due and payable as of the date of possession and constitute alien upon this property, including any unpaid real estate taxes for prior years. + B. SELLERS shall pay their prorated share, based upon the date of possession, of the real estate taxes for the fiscal year in which possession is given (ending June 30, 2008) due and payable in the subsequent fiscal year (commencing July 1, 2008). BUYERS shall be given a credit for such proration at closing (unless this agreement ,is, for an installment contract) based upon the last known actual net real estate taxes payable according to public record. However, if such taxes are based upon a partial assessment of the present property improvements or a changed tax classification as of the date of possession, such proration shall be based on the current millage rate, the assessed value,` legislative tax rollbacks. and real estate , tax exemptions that will actually be applicable as shown by the Assessor's Records on the date of possession. ' , 4. SPECIAL ASSESSMENTS. a Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of acceptance of this offer. b. All other special assessments shall be paid by Buyers. 5. RISK OF LOSS,AND INSURANCE. Risk of loss prior to Seller's delivery of, possession of the Real Estate to Buyers shall be as follows: Allrisk of loss shall remain with Sellers until possession of the Real Estate shall be delivered to Buyers. F 6. CARE -AND MAINTENANCE. The Real Estate shall be preserved in its present condition and delivered intact at the time possession is delivered to Buyers, provided, however; if 5.a. is stricken and there is loss or destruction of all or any part of the Real Estate S: \Clients\Cities\TifFm\RE Purchase Count3l Shed\OFFER.doc - from causes covered by the insurance maintained by Sellers, Buyers' agree to accept such damaged or destroyed Real Estate together with such insurance proceeds in lieu of the Real Estate.in its present condition and Sellers shall not be required to repair or replace same. 7. POSSESSION. If Buyers timely perform all obligations, possession of the Real. Estate shall be delivered to Buyers Ion or before June 30, 2008, with any adjustments of rent, insurance, and interest to be made as of the date of transfer of possession. y - 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating. equipment, air-conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and. included in the sale except: (consider: rental items): k 9. USE OF' PURCHASE PRICE. At time of `settlement, funds of the purchase price may be used.to pay taxes and other liens and to acquire outstanding interests, if any, of others. r. 10. ABSTRACT AND TITLE' Sellers, at their expense, shall, promptly obtain an abstract of title .to the Real Estate continued through the date of acceptance of this offer, and deliver it to Buyers 'for examination. It,shall show merchantable title'`in Sellers in conformity with . this agreement, Iowa law and Title "Standards of the Iowa State Bar Association. The abstract shall become -the property of the Buyers when the purchase price ispaid in full. Sellers shall pay the costs of any additional abstracting and title work -due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. 11. DEED. Upon payment of the purchase price, Sellers_ shall convey the Real Estate to Buyers or their assignees, by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in 4 a. through 1 .d. Any general, warranties of title shall - extend only to the time of acceptance of this offer, with special -warranties as to acts of Sellers continuing up to time of delivery of the deed. 3 12. JOINT TENANCY.IN PROCEEDS AND IN ,REAL ESTATE. If Sellers, immediately preceding acceptance of this offer, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later 'destroyed by operation of law or by acts of the Sellers,. then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full rights of survivorship and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Sellers under this contract' -to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 11. .13..JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed or real estate contract for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. S:\Clients\Cities\Tiffin\RE Purchase County Shed\OFFER.doc 15. REMEDIES OF THE PARTIES a. If Buyers fail to, timely perfoim this'contract, Sellers may forfeit' it as provided in the Iowa Code, and all payments made shall be forfeited or, at Seller's' option, upon thirty days written notice of intention to accelerate the payment of the entire balance because : of such failure (during which thirty days such failure is not corrected) Sellers may declare the entire balance immediately due and payable. Thereafter this contract maybe foreclosed in equity and they have the right to have all payments made returned to them. c. Buyers and Sellers also are entitled to utilize any and all other remedies or actions at law or in equity available to them and shall be entitled to obtain judgment for costs and attorney fees as permitted by law. 16 STATEMENT AS TO LIENS. If Buyers intend to assume or take subject to alien on the Real Estate, Sellers shall furnish Buyers with a written statement from the holder of such lien, showing the correct balance due. 17. SUBSEQUENT CONTRACT. Any real estate contract executed in performance of this contract shall be on a form of the Iowa State Bar Association. 18. APPROVAL OF COURT. If the sale of the Real Estate is subject to Court approval, the fiduciary shall promptly submit this contract for such approval. If this contract is not so approved, it shall be void. 1 19. CONTRACT BINDING ON SUCCESSORS IN INTEREST. This contract shall apply to and bind the successors in interest of the parties. -20. CONSTRUCTION. Words and phrases shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. A e 21. TIME FOR ACCEPTANCE. If this'offer is not accepted by Sellers on or; before Friday, May 21, 2008, shall become void. and all payments shall be repaid to the Buyers. 22. OTHEC�R PROVISIONS. ' DATED: MAY �`/ 2008 THIS OFFER IS ACCEPTED: F (Date) BUYER: .CIT TIFF W By yce hMayor EIN: 42 086824 ATT]SM6 TO: Rut DeMuth, City Clerk JOHNSON COUNTY, IOWA By: Rod Sullivan, Chairperson EIN: M S:\Clients\Cities\Tiffin\RE Purchase County Shed\OFFER.doc 4 p ,t 3 Prepared by: Andrew Chappell, Assistant County Attorney, P.O. Boa 2450, Iowa City; 1A 52244, 319.339.6100 t RESOLUTION NO. �o 0 RESOLUTION ACCEPTING WAIVER OF RIGHT TO HEARING AND PAYMENT h OF $300.00 CIVIL PENALTY WHEREAS, on January 25, 2008, an employee of Slim's Saloon, 301 Main Street, Tiffin, Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and p WHEREAS, at the time of the violation this establishment was operating under a retail cigarette- ~ permit issued by the City of Tiffin; and WHEREAS, this was the first violation of Section 453A.2(1) by one of this business's employees or agents within two-year period; and WHEREAS, pursuant to Iowa Code § 453A.22(2), after a hearing and propernoticean establishment which holds a retail cigarette permit 'shall be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1); and WHEREAS, Slim's Saloon has waived its right to the hearing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by paying the $300.00 civil penalty; and NOW, THEREFORE, BE IT RESOLVED BY THE TIFFIN CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty from ' Slim's Saloon. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office, which will then, provide a copy of the same to the retail cigarette permit holder via regulai mail sent to the permit holder's place of business s as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: ,f or, C o „ ATTEST: l� ' City Clerk, City of Tiffin M w m r q Prepared by--Andrew Chappell, Assistant County Attorney, P.O. Box 2450; Iowd City, IA 52244, 319.339.6100 RESOLUTION NO.,;, 00 � ~ /Q RESOLUTION ACCEPTING WAIVER OF RIGHT TO HEARING AND PAYMENT OF $300.00 CIVIL PENALTY WHEREAS, on January 25, 2008, an employee'ofThe Depot, 221 West Marengo Road, Tiffin, Iowa, violated Iowa Code § 453A.2(1) by selling or providing tobacco to a minor; and WHEREAS, at the time of the violation this bstablishment was operating under a retail cigarette permit issued by the City of Tiffin; and WHEREAS, this was the first violation of Section 453A.2(1) by one of this business's employees or agents within a two-year period; and WHEREAS, pursuant to Iowa Code § 453A.22(2), after a hearing and proper notice an establishment which holds a retail cigarette permit shall be subjected to a civil penalty of $300.00 the first time its employee violates Iowa Code § 453A.2(1); and a , WHEREAS, The Depot has waived its right to the healing required by Iowa Code § 453A.22(2) and accepted responsibility for its employee's violation of Iowa Code § 453A.2(1), by,paying the $300.00 civil penalty; and NOW, THEREFORE, BE IT RESOLVED BY THE TIFFIN CITY COUNCIL that the City Council should accept the waiver of right to hearing and payment of $300.00 civil penalty from The Depot. BE IT FURTHER RESOLVED, that the City Clerk will forward a copy of this Resolution to the Johnson County Attorney's Office; which will then provide a copy of the same to the retail , cigarette permit holder via regular mail sent to the permit holder's place of business as it appears on the application for a retail cigarette permit. PASSED AND APPROVED: S f � 00 M or, C# of T' l -2 cA,,_._.a_,_,., ATTEST: City Cl k, City of Tiffin U t.