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Home My Public Portal About19-2001-29 • RESOLUTION NO. on 4y . RESOLUTION APPROVING THE PURCHASE OF 602 N. JACKSON STREET FOR THE PURPOSE OF RELOCATING THE POLICE STATION WHEREAS, the City of Greencastle wishes to relocate the Police Station from its current location at 2 East Walnut Street, Greencastle, Indiana; and WHEREAS, after completing the appropriate inspections, the City has determined that the property located at 602 North Jackson Street is the most appropriate location for the new Police Station. NOW, THEREFORE, BE IT RESOLVED that the Common Council of the City of Greencastle hereby agrees to purchase the property at 602 North Jackson Street pursuant to the attached Purchase Agreement (Attachment A) which is incorporated herein and made a part hereof. �-� COMMON COUNCIL OF THE CITY OF GREENCASTLE /At, "fr Thomas Roach *c ael Rokicki 4 /t/i Joe Leichty Mark Hammer NW./ Norm Crampton Fancy Mi , Mayor ATTEST: Pamm Jones, Clerk-Treas e l r 3 cc I n j" '. 5 S � r� REAL ESTATE SALES CONTRACT COMMERCIAL REAL ESTATE 1. PARTIES. t.44 e PCUS LW("Seller"), 1221 S.Bloomington St., Greencastle, Indiana 46135 agrees to sell and convey to The Greencastle Police Department, City of Greencastle ("Buyer"), City Hall, 1. North Locust St., Greencastle, Indiana 46135 and Buyer agrees to buy from Seller the following property for the consideration and subject to the following: 2. Property. The property is commonly know as 602 N. Jackson Street, in Greencastle Township, Putnam County, Greencastle, Indiana, 46135 including all buildings and permanent improvements and fixtures attached; all privileges, easements and appurtenances pertaining thereto including any right, title and interest of Seller in and to adjacent streets, alleys, rights-of-way, leases, rents, security deposits, licenses and permits with respect to the property, trade name, and warranties or guaranties relating to the property being sold, and any personal property specified herein; all of the above referred to as the"Property," the legal description of which is described as follows: THE EAST HALF OF LOT NUMBER 9 IN THE NORTHERN ENLARGEMENT TO THE CITY OF GREENCASTLE, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 1, PAGE 175, IN THE OFFICE OF THE RECORDER OF PUTNAM COUNTY, INDIANA. 3. PRICE. The purchase price shall be One Hundred Ninety Dollars ($190,000.00), payable in accordance with the terms and conditions in this Agreement. 4. EARNEST MONEY. Earnest Money deposit Waived by Seller. 5. FINANCING. Buyer shall secure financing in the principal sum of$190,000.00 to be paid to the Seller at closing. 6. PRORATIONS. Rents, real estate taxes, interest, payments on bonds and assessments assumed by Buyer, will be prorated as of the recordation of the deed. Security deposits, advance rentals, or considerations involving future lease credits (if any) will be credited to Buyer. 7. CLOSING. Full purchase price to be paid and deed to be recorded on or before 1-3-August 31, 2001. Both parties will deposit with an authorized escrow holder, to be selected by Buyer, all funds and instruments necessary to complete the sale in accordance with terms of this Agreement. Escrow fees, if any, shall be prorated between Buyer and Seller. Transfer tax, if any, to be paid by Seller. 8. PHYSICAL POSSESSION. Physical possession of the property, with keys to all ,.� Locks, alarms, and garage door openers, will be delivered to Buyer on the date of closing, at the time of closing. 9. TITLE. At Seller's expense, Seller will deliver or cause to be delivered to Buyer's Attorney in advance of closing as evidence of title in Seller or Grantor a title commitment for an ALTA title insurance policy with extended coverage by a title company licensed to operate in the State of Indiana in the amount of the purchase price. The commitment for title insurance furnished by Seller will be conclusive evidence of good and merchantable title as therein shown. If the title commitment discloses unpermitted exceptions, the Seller shall have said exceptions removed, or have the insurer commit to insure against loss or damage that may be caused by such exceptions. 10. ENCUMBRANCES. In addition to any encumbrances assumed or taken"subject to," Seller will convey title to the property subject only to: (1) real estate taxes not yet due; and (2) covenants, conditions, restrictions, rights of way and easements of record, if any, which do not materially affect the value or intended use of the property. 11. SPECIAL ASSESSMENTS. Special assessments, if any, levied against the real estate are to be paid by Seller and any special assessments levied against the real estate prior to the time of closing are to be paid by Seller. 12. RISK OF LOSS. Risk of loss or damages to the improvements on the real estate, by fire or otherwise, until delivery of the deed, is assumed by Seller. Buyer shall have the option of terminating this Contract in the event the Real Estate is destroyed or materially damaged by fire or other casualty. 13. THE DEED. Seller shall convey or cause to be conveyed to Buyer, or Buyer's designee, good and merchantable title to the real estate by recordable general Warranty Deed, and with real estate transfer stamps to be paid by Seller. 14. PLAT OF SURVEY. Any survey deemed necessary shall be ordered and paid for by the Buyer. 15. SELLER REPRESENTATIONS. Seller warrants and represents that he/she has not received written notice from any Governmental body or Association of any(a) zoning, building, fire or health code violations that have not been corrected; (b) any pending rezoning; or(c) any special assessment proceedings affecting the Real Estate and that Seller has no knowledge of boundary line disputes or easements or claims of easement not shown by the public records or of any hazardous waste on the Real Estate. 16. INSPECTIONS OF PROPERTY. Buyer will have the right to retain, as Buyer's expense, licensed experts including but not limited to, engineers, geologists, architects, contractors, surveyors, appraisers, structural experts, pest control operators, etc. to inspect the property for any structural and non-structural conditions, value or real estate placement (survey) including matters concerning roofing, electrical, plumbing, heating, cooling, well, septic system, boundaries, environmental hazards, and toxic substances, including asbestos, formaldehyde, radon gas, and lead-based paint for the sole purpose of information only. Buyer agrees to purchase property in "as-is" condition. IN EXCHANGE FOR A BELOW MARKET PURCHASE PRICE, BUYER RELIES UPON THE CONDITION OF THE PROPERTY BASED UPON BUYER'S OWN EXAMINATION AND RELEASES THE SELLER FROM ANY AND ALL LIABILITY RELATING TO ANY PROBLEM, DEFECT OR DEFICIENCY AFFECTING THE PROPERTY, WHICH RELEASE SHALL SURVIVE THE CLOSING. SELLER HAS NO KNOWLEDGE OF ANY KNOWN BUILDING DEFECTS. 17. NOTICE. All notices required shall be in writing and shall be served by one Party or Buyer's designated representative to the other Party or Seller's designated representative. Notice shall be given in the following manner: a. By personal delivery of such notice; or b. By mailing of such notice to the addresses recited herein by certified mail, return receipt requested. Except as otherwise provided herein, notice served by certified mail, shall be effective on the date of the mailing; or ,..� c. By sending facsimile transmission. Notice shall be effective as of date and time of the facsimile transmission, provided that the notice transmitted shall be sent on business days during business hours (9:00 A.M. to 5:00 P.M. Greencastle, Indiana time). In the event fax notice is transmitted during non-business hours, the effective date and time of notice is the first hour of the first business day after transmission. 18. PERFORMANCE. Time is of the essence of this Contract. Time periods specified in the Agreement and any addenda are calendar days and shall expire at midnight of the date stated unless the parties agree otherwise in writing. 19. SPECIAL ASSESSMENTS. Buyer will assume and agree to pay all special assessments for municipal improvements which are completed after acceptance of this agreement. 20. MISCELLANEOUS. (a) The Agreement shall be construed in accordance with the laws of the State of Indiana. (b) This Agreement is binding upon and for the benefit of the parties' respective heirs, administrators, executors, legal representatives, successors, and assigns. No assignment of this --� Agreement shall release a party from liability for its obligations hereunder. .-� (c) This Agreement constitutes the entire agreement of the parties and cannot be changed except by their written consent. (d) Each person executing the Agreement on behalf of a party represents an warrants that he or she has been authorized by all necessary action to execute and deliver this Agreement on behalf of such party. 21. CONSULT ADVISORS. Buyer and Seller acknowledge they should, prior to signing this document, seek the advice of an attorney for the legal or tax consequences of this document and the transaction to which it relates. 22. TERMINATION OF OFFER: The terms of this offer must be accepted in writing by the Buyer or authorized representative and delivered to the Seller by 12:00 P.M., A ttg st-i-- , 2001, otherwise this Agreement shall be null and void and all parties shall be released of any and all liability or obligations. Authorized Representative for Buyer(City of Greencastle) - Signature Printed Name Date Official City Address Telephone ACCEPTANCE OF PURCHASE AGREEMENT Seller accepts the offer made by Buyer as set forth above, without change or condition at A.M. / P.M. on the day of , 2001. Dee Ehrhardt, for(644444•4t PW 115, uC Social Security# Date Seller's Address Telephone De Eilar, for Gaze PLUS, LCW Social Security# Date Seller's Address Telephone a