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2021-135
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2021-135
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Last modified
6/10/2022 3:06:31 PM
Creation date
10/1/2021 12:23:45 PM
Metadata
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Template:
Official Documents
Official Document Type
Agreement
Approved Date
09/14/2021
Control Number
2021-135
Agenda Item Number
13.A.
Entity Name
Van Antwerp, Frederick W. & Florence B.
Revocable Trust
Subject
Agreement to Purchase and Sell Real Estate. For Phase II of 66th Avenue Improvements
Recorded Warranty Deed
Area
6555 81st Street, Parcel 132
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A TRUE COPY <br />CERTIFICATION ON LAST PAGE- <br />J.R. SMITH, CLERK <br />7. Closing <br />7.1 The closing of the transaction contemplated herein ("Closing" and "Closing <br />Date") shall take place within 45 days following the Effective Date of this <br />Agreement. The parties agree that the Closing shall be as follows: <br />(a) Van Antwerp shall execute and deliver to the County a warranty deed <br />conveying marketable title to the Property, free and clear of all liens and <br />encumbrances and in the condition required by paragraphs 3 and 4 <br />respectively. <br />(b) Van Antwerp shall have removed all of its personal property and <br />equipment from the Property and shall deliver possession of the Property <br />to County vacant and in the same or better condition that existed at the <br />Effective Date hereof. <br />(c) If Van Antwerp is obligated to discharge any encumbrances at or <br />prior to Closing and fails to do so, County may use a portion of Purchase <br />Price funds to satisfy the encumbrances. <br />(d) Van Antwerp shall deliver to the County an affidavit, in form <br />acceptable to the County, certifying that Van Antwerp is not a non-resident <br />alien or foreign entity, such that Van Antwerp and such interest holders are <br />not subject to tax under the Foreign Investment and Real Property Tax Act <br />of 1980. <br />(e) Van Antwerp and the County shall each deliver to the other such <br />other documents or instruments as may reasonably be required to Close <br />this transaction, including any corrective documents. <br />7.2. Closing Costs; Expenses. County shall be responsible for preparation of <br />all Closing documents. County shall pay the following expenses at Closing: <br />(a) The cost of recording the warranty deed and any release or <br />satisfaction obtained by Seller pursuant to this Agreement. <br />(b) Documentary Stamps required to be affixed to the warranty deed. <br />(c) All costs and premiums for the owner's marketability title insurance <br />commitment and policy, if any. <br />(d) Appraisal fees in the amount of $344.00 to Calhoun, Dreggors & <br />Associates, Inc. <br />(e) Attorney's fees in the amount of $4,508.00 representing 10% of the <br />purchase price to Maguire Eminent Domain, P.A. <br />8. Prorations. All taxes and special assessments which are a lien upon the property <br />on or prior to the Closing Date (except current taxes which are not yet due and payable) <br />shall be paid by Van Antwerp. If the Closing Date occurs during the time interval <br />commencing on November 2 and ending on December 31, Van Antwerp shall pay all <br />current real estate taxes and special assessments levied against the Property, prorated <br />
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