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HomeMy WebLinkAboutTOTAL ACQUISITION CONTRACT TOTAL ACQUISITION CONTRACT PARCEL NO. 91n SyrmmnrP Stumpf COUNTY Rlark-Hnwk PROJECT lawn RrnwnfiPlric Arquicitinn PrnjPrt ROAD NO.N/A THIS AGREEMENT is made and entered into this day of 'J Vif ,A.D, 20_0!—by and between Union PlantPrc Ranh NA Seller, and City of Wat rloo, Iowa, Buyer. 1. SELLER AGREES to sell and furnish to Buyer a deed, on form(s) furnished by the Buyer, and Buyer agrees to buy the following real estate, hereinafter referred to as the premises, situated in parts of the following (1/4 1/4 Sec./Twp./Rge.) OR (Lot/Blk./Subdiv.): SAP Fxhihit A far thA AttachPri Plot and LPgnl QPsrripfinn County (or City) of Waterloo ,State of Iowa, and more particularly described on Page 3 and which includes the following buildings, improvements and other property: nnA two-story industrial building The premises also includes all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. SELLER ACKNOWLEDGES full settlement and payment from the Buyer for all claims per the terms of this contract and discharges the Buyer from liability because of this contract and the construction of this public improvement project. 2. Possession of the premises is the essence of this contract and Buyer may enter and assume full use and enjoyment of the premises per the terms of this contract. SELLER GRANTS Buyer the immediate right to enter the premises for the purpose of gathering survey and soil data. SELLER MAY surrender possession of the premises or building or improvement or any part thereof prior to the time at which he has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319)291-4366. 3. Buyer agrees to pay and SELLER AGREES to grant the right of possession, convey title and to surrender physical possession of the premises as shown on or before the dates listed below. Payment Amount Agreed Performance Date $ on right of possession Nn IPcc than on wPPk or no $ moving costs Innopr than 6(1 days of this $ relocation payment rnntrart'c nrrPptanrP rind $ 1 8U00 nn on possession approval by the City Cot $ 18.5,000 00 TOTAL LUMP SUM BREAKDOWN: ac.=acres sq.ft. =square feet Land and all other improvements including Land by Fee Title 28,50n sq.ft. $ fence$ Underlying Fee Title ac./sq.ft.$ Building $ 185,000 nn 4. SELLER WARRANTS that there are no tenants on the premises holding under the lease except: NA 5. This contract shall apply to and bind the legal successors in interest of the Seller and SELLER AGREES to pay all liens and assessments against the premises, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of'Iowa, and agrees to warrant good and sufficient title. Names and addresses of lienholders are: 1 ) Rlark Hawk County, Iowa, 9 ) IJnknawn until romplktion of Ahstract Continuation 6. Each page and each attachment is by this reference made part hereof and the entire agreement consists of 104r pages. 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. SELLER WILL furnish and deliver to the City of Waterloo, Iowa, an abstract of title continued to date showing merchantable title to the premises in Seller. Buyer agrees to pay the cost of abstract continuation. SELLER AGREES to obtain court approval of this contract, if requested by the Buyer, if title to the premises becomes an asset of any estate, trust, conservatorship or guardianship. Buyer agrees to pay court approval costs and all other costs necessary to transfer the premises to the Buyer, but not attorney fees. Claims for such transfer costs shall be paid in amounts supported by paid receipts or signed bills. 8. If the Seller holds title to the premises in joint tenancy with full rights of survivorship and not as tenants in common at the time of this contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the 1 Seller. 9. SELLER AGREES to keep fire, tornado, extended coverage and added perils insurance in the minimum amount of $ 18 .000 00 ,payable to all parties as their interests may appear from this date until delivery of the deed and possession. Buyer shall notify all insurance companies of this contract. In case of loss or destruction of part or all of the premises from causes covered by the insurance, SELLER AGREES to accept the lump sum payment to endorse the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS the proceeds of any such insurance recovery to the Buyer, and SELLER ASSIGNS to Buyer any and all of Seller's rights under such insurance contract. 10. This agreement shall become effective only upon the occurrence of the following three items: acceptance and approval of the contract by the City Council of the City of Waterloo; the environmental clearance of the land in accordance with Phase I site assessment and recommended subsequent activities (attached and made a part of this contract); and the acceptance and approval of a contract for the Iowa Brownfields project between the Iowa Department of Economic Development and the City of Waterloo. 11. This written contract constitutes the entire agreement between Buyer and Seller and there is no agreement to do or not to do any act or deed except as specifically provided herein. 12. The attached items listed on pages 3 44 7 are a part of this contract, as if fully set forth herein. SELLER'S SIGNATURE AND CLAIMANT'S CERTIFICATION: Upon due approval and execution by the Buyer, we the undersigned claimants certify the total lump sum payment shown herein is just and unpaid. / xx. xX e0.2 ©S� ^lo�/ Jr) . ChpI ui.pf r Ilninn Pin rq Rnnlc, FPdPrnl I I) Number 41111PAir '/- .4.4'7. . V . ELLER'S ACKNOWLEDGMENT: STATE OF IOWA: SS: On this 29th day of June , 2001 , before me, the undersigned, personally appeared John Chr,ISvig known to me to be the identical persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa Georgia M. Tierney APPR VAL RECOMMENDED BY: /J ' 6' /Sio / City PI n (Date) APPROVED BY: ATTEST C (M or) �Io' (City Clerk/Auditor) DATE APPROVED. BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, ecc- ;idtwkCOUNTY, SS: On thi {d s ay of AD 20 , before me, the undersigned, a Notary Public in and for said County, in said State, personally appeare John R. Rooff and Nancy Eckert to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK/AUDITOR, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of it's City Council; and that the said MAYOR and CITY CLERK/AUDITOR, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. '� / ir-c-ri..c Notary Public in and for said County 2 STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this 6th day of July , 2001, before me, the undersigned, a Notary Public in and for said County and State, personally appeared John Chelsvig , to me personally known, who being by me duly sworn did say that he is the Sr. Vice Pres. of said corporation; that said instrument was signed on behalf of said corporation by authority of its Board of Directors; and that the said John Chelsvig as such officer, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by him voluntarily executed. 4-r-c7Z,2,J Notary Public in and for said State Linda L. Freet My Commission Expires 01-28-2002 Pg� P Sent 'by: BUILDING INSPECTIONS 3192914262; 07/05/01 14:23; JetFax #522;Page 1 /1 Post-it Fax Note 7671 Date pag°es► //' ll To From >>04u CNC i 6 V/W.3C1 Co,/Dept. 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