Section 1. The City Administrator ... - Maryland heights, MO
Transcript of Section 1. The City Administrator ... - Maryland heights, MO
Sponsored By: Mayor and City Council
BILL NO. 4622 ORDINANCE NO. 2020- 4559
AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTEA REAL ESTATE AGREEMENT WITH THE RONALD ZIEHL FOR THE PURCHASE
OF PROPERTY LOCATED AT 11601 DORSETT ROAD IN THE AMOUNT OF96, 848. 10
NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OFMARYLAND HEIGHTS AS FOLLOWS:
Section 1. The City Administrator, on behalf of the City, is authorized to execute a realestate agreement with Ronald Ziehl, attached hereto and marked" Exhibit A," related to
the purchase of property located at 11601 Dorsett Road in the amount of$ 96, 848. 10.
Section 2. This Ordinance shall be in full force and effect from and after its passage andapproval.
PASSED BY THE CITY COUNCIL THIS 19t'' DAY OF NOVEMBER 2020.
MAY R/ PRESIDING OFFICER
APPROVED BY THE MAYOR THIS r 9 DAY OF NOVEMBER 2020.
MAY 5R —
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City of Maryland HeightsOrdinance No. 2020- 4559
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REAL ESTATE SALES CONTRACT
THIS CONTRACT is made between:
BUYER: CITY OF MARYLAND HEIGHTS
ADDRESS: 11911 DORSETT ROAD, MARYLAND HEIGHTS, MO 63043
AND
SELLER: RONALD ZIEHL
ADDRESS: PO BOX 1034, MARYLAND HEIGHTS, MO 63043
And, as approved by the City Council of the City of Maryland Heights, is effective as of the dateand time of acceptance on the signature page of this Contract.
1. PROPERTY: Buyer hereby offers and agrees to buy and Seller hereby agrees to sell the
following property, located in the County of St. Louis, State of Missouri to wit:
11601 Dorsett Road, Maryland Heights, MO 63043
Subject to buildings lines, easements, conditions, and restrictions of record if any. The term
Property" as used in this Contract means the land described above, and all improvements andappurtenances thereto.
2. SELLER' S WARRANTIES: Seller represents and warrants that,
a. They are exclusive owners of the Property and as such have the legal right, power,
and authority to enter into this Contract, and no other consents are necessary for the
execution, delivery and performance of this Contract.b. Seller agrees to remove any contents that they wish to retain.
c. As of the Closing, no work will have been performed by the Seller or will be in
progress at the property by Seller, and no materials will have been delivered to the
property on behalf of the Seller, that might provide the basis for a mechanic' s
material man or other lien against the Property or any portion thereof, unless Seller
has provided for full payment thereof or has posted with the Title Company
reasonable security therefore or unless Buyer has consented thereto in writing.
d. To the best of the Seller' s knowledge, there are no ( i) unrecorded leases or tenancies
affecting the Property, or any part thereof, ( ii) unrecorded contracts or options
pertaining to or affecting the Property, or any part thereof, ( iii) easements or claims ofeasement encumbering the Property which are not shown by the public records, ( iv)
discrepancies or conflicts in boundary lines or encroachments is affecting the
Property, or( v) environmental hazards located on, in or under the Property.
City of Maryland Heights
Ordinance No. 2020-
Exhibit A
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4559
e. Seller has no knowledge of any actions or proceedings which are pending, or
threatened to be filed, in any court or before any governmental agency respecting or
affecting the Property.
3. PURCHASE PRICE: The purchase price for the Property is $ 90,000. 00
6,848. 10 ( 2020 TAXES)
96, 848. 10
Earnest money payable within 7 days of the acceptance of this contract in the amount of
5, 000.00 shall be held in escrow by U.S. Title Company subject to their usualconditions; except that said funds shall be returned to Buyer should this contract not
close.
Payable on closing91, 848. 10
4. CLOSING COSTS: The parties agree to be responsible for the following costs, if any,
to be paid at closing, or sooner as may be requested by the Closing Agent in Section 4:
a) Buyer shall pay:
1. Title insurance premium( s);
2. Title company service charges, survey, Buyer' s attorney' s fees, Closing
Agent and/or Escrow Agent fees charged to Buyer, recording fees, other
customary closing costs, and accruals and pro- rations as otherwise
provided in this Contract.
3. Other Buyer' s costs as provided in this Contract.
b) Seller shall pay: Recording fees for lien releases, if any.
5. CLOSING: The closing of the sale shall be within ninety( 90) days or no later than
March 5`h, 2021, of approval of this contract by both parties at U. S. Title Company,2458 Old Dorsett Road, Maryland Heights, Missouri 63043 (" Closing Agent") during its
normal business hours.
6. TITLE TRANSFER: Title shall transfer at closing.
7. POSSESSION: Seller shall deliver possession of the Property to Buyer at time of
closing.
8. INDEMNIFICATION: Seller and its current and future agents, servants, employees,
heirs, successors, and insurers, hereby release, acquit, hold harmless, discharge forever,
and indemnify the City, its officers, employees, insurers and affiliates ofand from anyand all actions, causes of action, claims, demands and damages, whether or not now
known or contemplated, of whatever name or nature, in any manner arisen, arising or to
arise relating to the Property while Seller remains in possession of the Property.
City of Maryland Heights
Ordinance No. 2020-
Exhibit A
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9. CLOSING AND ADJUSTMENT CHARGES: General taxes ( based upon the
assessment and the rate for the current year or if both are not available, previous year),
subdivision assessments and flat- rate utilities, shall be prorated on the basis of a 30- day month,
day of closing to be charged to Seller. Prior year( s) General Taxes (unpaid back taxes andpenalties) against the property, if any, shall be charged to the seller and paid through US Title, on
behalf of the seller, at closing through the proceeds of the sale. Special taxes or subdivision
assessments against the Property which are due and payable prior to closing shall be charged tothe Seller.
10. TITLE AND DEED: No later than seven( 7) days following the approval of this
Contract by the City Council, Buyer may obtain a title report by the title company of its
choice. If Buyer is dissatisfied with the state of the title, Buyer may terminate this
Contract by written notice delivered to Seller no later than seven( 7) days thereafter. If
Buyer does not so terminate this Contract, Buyer agrees to accept the Property with any
title defects which may exist as of 14 days following approval of the Contract by the City
Council. At Closing, Seller shall convey title to the Property to Buyer by GeneralWarrantee Deed.
11. REMEDIES UPON DEFAULT: If any party defaults in the performance of any
obligation provided by this Contract, the party claiming a default shall notify the other
party in writing of the nature of the default, the time allotted for curing the default( if nototherwise specified in this Contact), and his election of remedy if the default is not cured
by the specific time.
12. BINDING EFFECT: This Contract shall be binding on and shall inure to the benefit of
the parties hereto, and their respective heirs, personal representatives, executors,
administrators or assigns.
13. GOVERNING LAW: This Contract shall be considered a Contract for the sale of real
property and shall be construed in accordance with the laws of the State of Missouri,
including the requirement to act in good faith.
14. WARRANTIES SURVIVE: All Sellers' WARRANTIES shall survive closing of the
sale of the Property. Warranties do not cover events which first occur after closing.
15. ENTIRE AGREEMENT: This contract constitutes the ENTIRE AGREEMENT
BETWEEN THE PARTIES HERETO AND THERE ARE NO OTHER
UNDERSTANDINGS, WRITTEN OR ORAL, RELATING TO THE SUBJECT
MATTER HEREOF, and may not be changed, modified or amended, in whole or in
part, except in writing signed by all parties.
16. ADDITIONAL CONTINGENCIES TO CONTRACT: Approval of this contract by
the City Council of the City of Maryland Heights passing an appropriate ordinance. If the
City Council does not approve this Contract by ordinance on or before the date of
Closing, this Contract will terminate and Buyer will cease to have any right to purchase
this Property under this Contract.
City of Maryland Heights
Ordinance No. 2020-
Exhibit A
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17. CONSTRUCTION: Words and phrases shall be construed as in the singular or plural
gender, and as masculine, feminine or neuter gender, according to context.
YOUR SIGNATURE BINDS YOU TO ALL OF THE TERMS OF THIS CONTRACT.
CONSULT AN ATTORNEY FOR ADVICE, EXPLANATION, MODIFICATIONS OR
ADDITIONS. FILL IN ALL BLANKS BEFORE SIGNING.
Buyer: Tracey Anderson, City Administrator, City of Maryland Heights
By: Date f Z ZUZd
By: Date
Seller: Ronald Ziehl
Date
City of Maryland Heights
Ordinance No. 2020-
Exhibit A
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