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HomeMy WebLinkAbout1997-114 CCRMember .Kay La s man introduced the following resolution and . moved its adoption: RESOLUTION NO. q-7-114 RESOLUTION AUTHORIZING PURCHASE OF PROPERTY AT 6236 BROOKLYN BOULEVARD • WHEREAS, the owner of the property at 6236 Brooklyn Boulevard has offered to sell said property to the City of Brooklyn Center for municipal purposes; and WHEREAS, the City Council finds that the purchase of the property is in the public interest. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that: 1. The City Council hereby approves the purchase of the property at 6236 Brooklyn Boulevard at a price of $90,000 and according to the terms and conditions of the attached purchase agreement. 2. The Mayor and City Manager are hereby authorized and directed to execute the attached purchase agreement and other such instruments as may be required to complete the transaction contemplated by the purchase agreement. � Ig 11997 Dat ATTEST: City Clerk Mayor The motion for the adoption of the foregoing resolution was duly seconded by member Robert PeFfC- and upon vote being taken thereon, the following voted in favor thereof: mirna- �<016ness) -Debra 141 IstYar►, kay i.asrhan, 9o119er+PePre and the following voted against the same: r)Drle_ whereupon said resolution was declared duly passed and adopted. • PURCHASE AGREEMENT 1. PARTIES. This Purchase Agreement is made this day of , 1997 by and between NANCY A. DAHL, a single person ("Seller") and the CITY OF BROOKLYN CENTER, a Minnesota municipal corporation ("Buyer"). 2. SUBJECT PROPERTY. Seller is the owner of that certain real estate (the "Property") located at 6236 Brooklyn Boulevard, Brooklyn Center, Hennepin County, Minnesota and legally described as follows: That part of Lots 18 and 19, Auditor's Subdivision No. 25, Hennepin County, Minnesota, described as follows: Beginning at the Northeast corner of said Lot 18; thence running South along the East line of said Lot 18, 120 feet; thence running West parallel with the North line of said Lot 18, 495.22 feet; thence running North parallel with the East line of said Lot 18, 86 feet to the actual point of beginning of the tract to be described; thence running North parallel with the East line of said Lot 18, 107 feet; thence running West parallel with the North line of said Lot 18, 246.56 feet more or less to a point in the Easterly right of way line of State Trunk Highway No. 152; thence running Southeasterly along said Easterly right of way line 116.84 feet more or less to a point in a line drawn parallel with the North line of said Lot 18 from the actual point of beginning; thence running East along said parallel line 206.4 feet more or less to the actual point of begin- ning. • 3. OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grant to Buyer the exclusive right to purchase the Property and all improvements thereon, together with all appurtenances, including, but not limited to, garden bulbs, plants, shrubs, trees, and grass. 4. PERSONAL PROPERTY INCLUDED IN SALE. The following items of personal property and fixtures owned by Seller and currently located on the Property are included in this sale: None. 5. PURCHASE PRICE AND TERMS: A. PURCHASE PRICE: The total Purchase Price for the real estate and personal property included in this sale is is Ninety Thousand and No/100ths Dollars ($90,000.00). B. TERMS: (1) BALANCE DUE AT CLOSING. Buyer agrees to pay the Purchase Price to Seller by check on the Closing Date according to the terms of this Purchase Agreement. • (2) ASSUMPTION OF EXISTING INDEBTEDNESS. The Buyer, in its discretion and in partial payment of the purchase price, may, to the extent assumable, assume or take title subject to any existing indebtedness • encumbering the Property, in which case the cash to be paid at the time of closing shall be reduced by the then remaining indebtedness. (3) DEED/MARKETABLE TITLE. Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: a. Building and zoning laws, ordinances, state and federal regulations. b. Reservation of minerals or mineral rights to the State of Minnesota, if any. C. Utility and drainage easements. (4) DOCUMENTS TO BE DELIVERED AT CLOSING. In addition to the Warranty Deed required at paragraph 5.B.(4) above, Seller shall deliver to Buyer: a. Standard form Affidavit of Seller. b. Waiver of relocation benefits, as required by paragraph 17 of this Agreement. is C. Such other documents as may be reasonably required by Buyer's title examiner or title insurance company. d. Keys for all buildings on the Property and garage door openers, if any. 6. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. A. Seller shall pay at or prior to closing all real estate taxes due and payable in 1996 and prior years. B. Seller shall pay at or prior to closing the balance of all special assessments levied prior to closing. C. Real estate taxes due and payable in 1997 shall be prorated as of the date of closing between Buyer and Seller. D. Seller shall provide for payment of all special assessments pending as of the date of this Purchase Agreement by escrowing an amount equal to two times the estimated amount of special assessments. Buyer shall assume special assessments • that become pending after the date of this Purchase Agreement, except that Seller shall at all times be responsible to pay special assessments, if any, for delinquent sewer or water bills, removal of diseased trees, snow removal, or other current 2 services provided to the Property by the assessing authority while the Seller are • in possession of the Property. 7. MARKETABILITY OF TITLE. The Seller shall promptly provide Buyer with the abstract of title to the Property, which Seller agrees to have certified to a current date, at Seller's cost. Buyer shall have twenty (10) days after receipt of the abstract to examine the same and to deliver written objections to title, if any, to Seller. Seller shall have sixty (60) days after receipt of written objections to cure title defects. Seller shall permit no additional encumbrances to be made upon the Property between the date of this Purchase Agreement and the Closing Date. 8. COSTS TO CLEAR TITLE. Seller shall bear any and all costs to clear title to the Property. In the event Sellers fail to clear title to the extent herein required, the Buyer may clear title to the extent required and charge the cost of clearing to the Seller. In the event that title to the Property cannot be made marketable by the Seller by the Closing Date, then, at the option of the Buyer, this Purchase Agreement shall be null and void and the Earnest Money shall be refunded to the Buyer. 9. CLOSING DATE. The closing of the sale of the Property shall take place on or before July 15, 1997, or at such earlier or later date as may be mutually agreed upon by the Seller and Buyer. The closing shall take place at the offices of Kennedy & Graven, Chartered, 470 Pillsbury Center, Minneapolis, MN 55402, or such other location as mutually agreed upon by the parties. • 10. POSSESSION. The Seller shall deliver possession of the Property to Buyer by 10:00 p.m. on the Closing Date in the same condition as the Property existed on the date of this Purchase Agreement, reasonable wear and tear excepted. 11. DAMAGES TO REAL PROPERTY. If the Property is damaged prior to closing, Buyer may rescind this Purchase Agreement by notice to Seller within twenty-one (2 1) days after Seller notify Buyer of such damage, during which 21 -day period Buyer may inspect the real property, and in the event of such rescission, the Earnest Money shall be refunded to Buyer. 12. CONDITION OF PROPERTY. Seller shall remove all debris and all personal property from the Property prior to closing. If all such items have not been removed from the Property by the last date for closing, the City may withhold $2,000 from the Purchase Price to be applied to the costs incurred by the City in securing the removal of such items. Seller shall hold the Buyer harmless for the disposal of personal property left in or at the Property by the Seller after the Closing Date. Seller has not received any notice from any governmental authority as to the existence of any dutch elm disease, oak wilt, or other disease of any trees on the Property. Seller's warranties and representations contained in this paragraph 12 shall survive the closing of this transaction. Buyer shall have the right to have inspections of the Property conducted and to test for • the presence of asbestos containing materials prior to Closing. 13. DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses • that there (IS) (IS NOT) an individual sewage treatment system on or serving the Property. If there is an individual sewage treatment system on or serving the Property, Seller discloses that the system (IS) (IS NOT) in use, and Seller further disclose that the type of system is a system and the location is shown on map attached to this Purchase Agreement. 14. CONDITION OF SUBSOIL AND GROUND WATER. Seller hereby warrants to Buyer that during the time the Seller has owned the Property there have been no acts or occurrences upon the Property that have caused or could cause impurities in the subsoil or ground water of the Property or other adjacent properties. This warranty shall survive the closing of this transaction. 15. WELL DISCLOSURE. Buyer acknowledges receipt of a well disclosure statement, which is attached to this Purchase Agreement as Exhibit A. 16. SELLER'S WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the property. Seller warrants that there is a right of access to the real property from a public right-of-way. Seller warrants that there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. These warranties shall survive the closing of this transaction. • 17• WAIVER OF RELOCATION BENEFITS. Seller acknowledges that the Seller contacted the Buyer and requested that the Buyer purchase the Property. Prior to the Seller's making that request, the Buyer had not indicated to Buyer any intent of acquiring the Property. Seller has been fully informed on all matters regarding relocation benefits, and voluntarily waives any offer or further relocation assistance, services, payments and benefits for which Seller would otherwise be eligible, and agrees to execute an instrument to that effect and deliver the same to Buyer at Closing. This agreement to waive relocation benefits is made voluntarily and is not made under threat of acquisition by the Buyer. 18. NO BROKER INVOLVED. The Seller and Buyer each represent and warrant to the other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission. Buyer agrees to indemnify Seller for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Buyer, and Seller agrees to indemnify Buyer for any and all claims for brokerage commissions or finders' fees in connection with negotiations for purchase of the Property arising out of any alleged agreement or commitment or negotiation by Seller. 19. NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at closing, and the parties shall be bound accordingly. • 20. ENTIRE AGREEMENT; AMENDMENTS. This Purchase Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement 4 or contemporaneous herewith shall be effective except as expressly set forth or incorporated • herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 21. BINDING EFFECT. This Purchase Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. 22. NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: a. If to Seller: Nancy A. Dahl 6236 Brooklyn Boulevard Brooklyn Center, MN 55430 b. If to Buyer: City of Brooklyn Center Attn: Brad Hoffman 6301 Shingle Creek Parkway Brooklyn Center, MN 55430 23. SPECIFIC PERFORMANCE. This Purchase Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months • after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. above. IN WITNESS WHEREOF, the parties have executed this agreement as of the date written SELLER BUYER CITY OF BROOKLYN CENTER I:A Its Mayor 0 By Its City Manager 5