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HRA Agenda 05-06-1996AGENDA MONTICELLO HOUSING AND REDEVELOPMENT AUTHORITY Monday, May 6, 1996 - 4:00 p.m. City Hall MEMBERS: Chairperson AI Larson, Via Chairperson Brad Barger, Tom St. Hilaire, and Roger Carlson. STAFF: Rick Wolfsteller, Jeff O'Neill, and 011ie Koropchak. GUEST: Barry Fluth. CALL TO ORDER. 2. CONSIDERATION TO ADOPT A RESOLUTION AUTHORIZING ACQUISITION OF THE PROPERTY LOCATED AT 111 WEST BROADWAY. 3. OTHER BUSINESS. C1llOLf111 ti:1& l a2Y M C FOR YOUR INFORMATION PUBLIC NOTICE j Pursuant to the provisions of Minnesota Statutes 471.705, a special meeting of the MONTICELLO HOUSING b REDEVELOPMENT AUTHORI'Tth hereby scheduled for the following time, date, and place: TIME: 4:00 P.M. DATE: MONDAY, MAY 6, 1996 PLACE: MONTICELLO CITY HAIL, 250 EAST BROADWAY SUBJECT: ' CONSIDERATION TO APPROVE A PURCHASE AGREEMENT FOR THE PROPERTY LOCATED AT 111 WEST BROADWAY. w; 06 '96 12:Vf4 KENED( & GRRVD4 p.2 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO RESOLUTION NO. WHEREAS, the Housing and Redevelopment Authority in and for the City of Monticello ("Authority") administers its Redevelopment Project No. 1 (the "Project") in the City of Monticello, pursuant to Minnesota Statutes, Sections 469.001 to 469.047 ( the "HRA Act") ; and WHEREAS, the Authority In authorised under the HRA Act to acquire, including by exercise of the powers of eminent domain, real property that is necessary to eliminate blight or to carry out the Project; and WHEREAS, the Authority has determined a need to acquire certain property in the City located in the Project area described as Lots 7 and 8, Block 2, except the southeasterly 16.5 feet of the southwesterly 90 feet of Lot 8 (the "Property") , which property is currently in blighted condition and acquisition of which Is necessary to carry out the Authority's goals and objectives for downtown redevelopment and the Project as a whole; and WHEREAS, in lieu of acquisition of the Property by the Authority through eminent domain, the owner of the Property has proposed and the Authority has reviewed that certain Standard Purchase Agreement between the Authority and _ (the "Purchase Agreement") providing for acquisition of the Property by the Authority; NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Monticello as follows: 1. The Authority finds and determines that acquisition of the Property by exercise of the Authority's power of eminent domain is necessary in order to eliminate blighted conditions and to carry out the redevelopment plan for the Project. 2. In lieu of acquisition through eminent domain, the Authority approves the Standard Purchase Agreement in substantially the form presented to the Authority. 3. The proper Authority officials are authorized to execute the Standard Purchase Agreement and to acquire the Property in aecordaneo therewith. 4. Authority officials and staff are authorized to execute any documents or cordficatos and take any other actions necessary to acquire the Property under the terms of the Purchase Agreement. Approved by the Housing and Redevelopment Authority In sad for the City of Monticello this _ day of May, 1999. Chair ATTEST: Rxooutivo DUrooter &MUM rieort STANDARD ,fi nn,ap,L., MN )'KI.l.1IW Ru..r*. t •up. °h ""~ "•""^" PURCHASE AGREEMENT I-INR Ruv.:, R—ipt MONTICELLO MAY 6 96 . Minnesota .19 _ RECEIVED OF HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MQN110ELL0 _ lie sum of ONE THOUSAND DOLLARS AND NO CENTS Dollars Is 11000-00 ) by CHECK as earnest money to be deposited the nen business day after acceptance in trust account of listing broker lunless otherwise specified in writing) and in part payment for the purchase of the premises legally described as LOTS 7 AND 8, BLOCK 52, EXCEPT SELY 16.5 FEET OF SWLY 90 FEET OF LOT 8 located at (Street Address) III WEST BROADWAY C.tyof MONTICELLO ,County of WRIGHT State of Minnesota. including all plants, shrubs and trees, all storm windows and/or inserts, storm doors, screens. awnings, window shades, blinds, curtain- Iraverse drapery rods, attached lighting fixtures with bultys, plumbing futures, water heater, heating system, humidifier. central air conditioning, electronic air filter, automatic garage door opener with controls, water softener, cable television outlets and cabling. BUILT-INS to include dishwasher, garbage disposal, trash compactor, oveMs). cooktop stove. microwave oven, hood -Ian, intercom, installed carpeting. IF ANY, located on the premises which are the property of Seller and also the following personal property all of which property Seller has this day sold to Buyer for the sum of a 50 , 000.00 FIFTY THOUSAND DOLLARS AND NO CENTS Dollars. which Buyer agrees to pay in the following manner: Earnest money of 6 1,000.00 and a 49,000.00 rash on or before MAY 31, 1996 . the date of closing. and the balance of 6 by financing as follows AffarJtsd we I addendums which are made a pan ol this agreement. UNRESTRICTED SUBJECT TO performance by Buyer. Seller agrees to execute and deliver a Warranty Deed. to be joined in by spouse. d any, conveying marketable title to the premises subject only to the following exceptions. (11 Building and zoning laws, ordinances. Slate and Federal regulations (2) Restrictions relating to use or improvement of the premises without effective forfeiture provision 13) Reservation of any minerals or muuefal rights to the State of Minnesota (4) Utility and drainage easements M�oc�h do�� not interfere with present improvements (5) Rights of tenants, d any REAL E3T*TE TAXES Seller agrees to pay _ / 12:hs and Buyer agrees to pay / 121hs of taxes due and payable m n 19 — Seller agrees to pay 411ths and Buyer agrrms to pay / 121hs of annual installc3a ra assessments due and payable in the year 19 _. agrees to on Lining all special assessments levied and pending Buyer shall pay taxes due end payable in the _ end any unpai 'hglel is of special assessments payable iherewitl and thmeaher. Seller axes due and payable in the veer 19 will be homestead pias at Seller nor Seller's Agent makes any representation concerning the omotml of future real estate ' WARRANTIES Seller warrants that buildings, if any, are entirely within the boundary lines of the premises Seller warrants that all appliances. heating and air conditioning, wiring and plumbing used and located on the premises are in proper working order on date of closing Buyer has right to inspect premises prior to closing Buyer shall satisfy himself/herself at his/her expense that all appliances. heating oral air conditioning, wiring and plumbing are in proper working order before closing Seller warrants that the premises are connected to city sever U yes - O no, city water ❑ yes - U no If the premises are destroyed or substantially damaged M fire or any other cause before the closing date, this agreement shall become null and void of Buver's option, and the earnest money shall be refunded to Buyer POSSESSION Seller agrees to deliver possession not later than closing All interest, city water end sewer charges. electricity and natural gas charges. fuel oil and liquid petroleum gas shall ba poo -rated hetween the parties as of Seller agrees to remove all debris and all personal properly not included herein from the premises before possession date TITLE 6 EXAMINATION Sellar shall, within a reasonable time after acceptance of thie epreomem, furnish an Abstract of Title. a e 9egistefed Property Abstract, certified to date to include proper searches cover ing bankruptcies. Steteand Federal judgments and hens Buyer 'ell be allowed 10 business days after receipt for examinatton of title and making any objections. which shall be made in wiling or deemed waived It any objeciin is so made. Seller shall be allowed 120 days to make title marketable Pending correct ion of title, payments hereunder required shall be postponed, but upon correction of title and within 10 days after mitten notice to Buyer, the parties shall perform this agreement accof ding to its terms If title is not corrected within 1 20 days hom the dale of mallten objecur ri, Ihls agreemenl shall he null and vnd, m option of Buyer, neither parry shall be liable for damages hereunder to the other, and earnest money shalt be refunded to Buyer DEFAULT It lit to is may kereblo or is corrected within sed lima, and Buyer defaults tit any of the agreements harem, Seller may for minate this agreement, and on such tonmmatgn all payments made hereunder shall be retained by Seller and Agent. as their respective interest a may appear, as liquidated damages, time being of the essence hereof This pi msion shall not dept, rve either panyof the right of enforcing the specific printer mance of this trip oareeni. pf ovrtled this agr aomont is not lot mrnatat and action to enforce specific performance is commenced within an merit hs alter suchnghtolncUonanses In the event Buyer defaults cit his per fOpmance of the lop n's of this Agreement, and Notice of Cancellation is served upon the Buyer pufsunnt to MSA 559 21, the Inrm'nnhnn period shall he thirty (30) days as permitted by Subdivision 4 of MSA 55921 ACCEPTANCE Buyer understands and agrees that this sale is subject to acceptance try Sella in vnnrng Agent to not liable on responsible on account of this agreement, except to return a account fa the earnest money AGENCY DISCLOSURE tlpaletes he or site Is representing Me In this Irengcllon. The listing pent or broker sllpulates he or the Is representing the Niger In this transaction. I, the owner of the premises, accept this agreement and I agree to purchase the premises lot the price and on the terms and the sate hereby made conditions set forth above SELLER BUYER BARRY D. FLUTH HRA CHAIRPERSON SELLER BUYER BARBARA A. FLUTH (IRA EXECUTIVE DIRECTOR Duhvoit, ul all papas and manias shall be mate at the office of Company Selling Agent Address City Zip THIS IS A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, SEEK COMPETENT ADVICE. i ADDZNDUM Buaers ug' obllPtims hereunder are contingent upon the following terms and cond 1. This purchase Agreement must be approved by the Housing and Redevelopment Authority in and for the City of Monticello at a duly noticed special meeting on or before Sky 8, 1888. if such approval io not given, this Purahese Agreement shall become null and void and the earnest money shall be handed to Buyer. 2. Buyer acknowdedgas that it to acquiring the subject property through negotiation in lieu of condemnation by Chs Buyer, oonth4pnt upon determination by Buyer at the time of approval of the Purchase Agreement that acquisition of the subject property by condemnation or negotiation is necessary in order to carry out the Buyer's redevelopment pian for Redevelopment Project No. 1. 3. Seiler sheri pay all real estate traces payable through 1885. Real estate tames payable In 1888 shall be protested between Buyer and Seller. d. Buyer shall assume .and pay at closing all outstanding special assessments. ,&mumu wuro+t end N3W& t AtliWM WiSt 96, E8 AW I CITY OF MONTICELLO GENERAL FUND 40379 250 EAST BROADWAY NQ MONTICELLQ MN 65362 NVOUgM SAM UDWTCZ= PO Box ra % MONTCELLO, W I&W am CHECK NO AMOUNT 5/3/96 40379 $1.000-00 pKf TO THE BARBARA A FLUTH ORDER OF tP0502136o 1:09&9&&522s: ............ . ?Go oo& ?ko