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Escrow AgreementESCROW AGREEMENT THIS AGREEMENT is made this 21st day of July, 2000, by and between Ronald E. Zwelling, (Referred to in this Agreement as "the Property Owner") and the City of Salina, Kansas (Referred to in the Agreement as "the Escrow Agent"). RECITALS A. Property owner is the owner of real estate legally described as: N 35 Lot 5 S 50 Lot 6 Blk 3 Austin Addition (referred to in this Agreement as "the Real Estate") B. Special Assessments have been levied against the Real Estate and bonds have been issued by the City of Salina, Kansas, in payment of the costs of the public improvements for which the special assessments were levied. C. Pursuant to Salina Ordinance Number 88-9252, the Property Owner wishes to deposit with the Escrow Agent funds which, when held in an interest-bearing account, will generate sufficient interest such that the share of annual payments of bond principal and interest attributable to the Real Estate can be made. D. The Escrow Agent is willing to receive such payment from the Property Owner and to hold such funds, subject to the terms and conditions of this agreement. SO NOW, THEREFORE, the parties agree as follows: L Payment. The Property Owner deposits with the Escrow Agent the sum of Three thousand six hundred eight and 26 /100 Dollars ($3608.26), the receipt of which is hereby acknowledged by the Escrow Agent. 2. Investment. The sum deposited by the Property Owner with the Escrow Agent shall be deposited by the Escrow Agent in an escrow account under the City's Special Assessment Escrow Fund and invested as permitted by law. 3. Annual withdrawal. In January of each year, the Escrow Agent shall transfer from the escrow account an amount necessary to pay the annual bond principal and interest payments attributable to the Real Estate and the 5% annual administration fee. The amount necessary to pay bond principal and interest will be transferred to the City's Bond and Interest Fund and the administrative fee shall be transferred to the City's General Fund. 4. Termination. This Escrow agreement shall terminate on December 20, 2004, coinciding with the payment from the escrow account of the final annual installment of bond principal and interest attributable to the Real Estate. 5. Binding effect. This Escrow Agreement shall be binding upon and insure to the benefit of the heirs, executors, administrators, devisees, legatees, successors and assigns of the parties. EXECUTED this 21st day of July, 2000. G Ronald E. Zwellin "Property Owner" CITY OF SALINA, KANSAS By Rodney Franz "Escrow Agen STATE OF KANSAS, SALINE COUNTY, ss: The above and foregoing instrument acknowledged before me this_ day of July, 2000, by Ronald E. Zwelling, the Property Owner. PENNY DAY Notary Public- at of Kansas My Appt. Expires Notary Public STATE OF KANSAS, SALINE COUNTY, ss: The above and foregoing instrument acknowledged before me th&C day of July, 2000, by Rodney Franz, Finance Director of the City of Salina, Kansas, on behalf of the City of Salina, Kansas. PENNY DAY Ah Notary Public- tate of Kansas My Appt. Expires Notary Public ESCROW AGREEMENT THIS AGREEMENT is made this 21st day of July, 2000, by and between Ronald E. Zwelling, (Referred to in this Agreement as "the Property Owner") and the City of Salina, Kansas (Referred to in the Agreement as "the Escrow Agent"). RECITALS A. Property owner is the owner of real estate legally described as: N 35 Lot 5 S 50 Lot 6 Blk 3 Austin Addition (referred to in this Agreement as "the Real Estate") B. Special Assessments have been levied against the Real Estate and bonds have been issued by the City of Salina, Kansas, in payment of the costs of the public improvements for which the special assessments were levied. C. Pursuant to Salina Ordinance Number 88-9252, the Property Owner wishes to deposit with the Escrow Agent funds which, when held in an interest-bearing account, will generate sufficient interest such that the share of annual payments of bond principal and interest attributable to the Real Estate can be made. D. The Escrow Agent is willing to receive such payment from the Property Owner and to hold such funds, subject to the terms and conditions of this agreement. SO NOW, THEREFORE, the parties agree as follows: 1. Payment. The Property Owner deposits with the Escrow Agent the sum of One thousand three hundred thirty four and 00 /100 Dollars ($1334.00), the receipt of which is hereby acknowledged by the Escrow Agent. 2. Investment. The sum deposited by the Property Owner with the Escrow Agent shall be deposited by the Escrow Agent in an escrow account under the City's Special Assessment Escrow Fund and invested as permitted by law. 3. Annual withdrawal. In January of each year, the Escrow Agent shall transfer from the escrow account an amount necessary to pay the annual bond principal and interest payments attributable to the Real Estate and the 5% annual administration fee. The amount necessary to pay bond principal and interest will be transferred to the City's Bond and Interest Fund and the administrative fee shall be transferred to the City's General Fund. 4. Termination. This Escrow agreement shall terminate on December 20, 2003, coinciding with the payment from the escrow account of the final annual installment of bond principal and interest attributable to the Real Estate. 5. Bindine effect. This Escrow Agreement shall be binding upon and insure to the benefit of the heirs, executors, administrators, devisees, legatees, successors and assigns of the parties. EXECUTED this 21st day of July, 2000. Ronald E. Zwelli "Property Owner' CITY OF SALINA, KANSAS By Rodney Franz V "Escrow Agent" STATE OF KANSAS, SALINE COUNTY, ss: The above and foregoing instrument acknowledged before me this_ day of July, 2000, by Ronald E. Zwelling, the Property Owner. PENNY DAY I Notary Public - State of Kansas My ApPt. Expires Notary Public STATE OF KANSAS, SALINE COUNTY, ss: The above and foregoing instrument acknowledged before me this (31 day of July, 2000, by Rodney Franz, Finance Director of the City of Salina, Kansas, on behalf of the City of Salina, Kansas. Q,,.� =0/0-:1- Notary IO Notaof FMY APDL Ex Public Legal Description City of Salina `� L Special Assessment Prepayment Form Summary of Findings: Tract # 26813, Job Number94-898, Total Future Assessments Due: $3,760.26 Other Description: LOT 6 BLK 3 AUSTIN Amount of Prepayment Required: $3,608.26 ADDITION Savings on Prepayment: $152.00 Date of Payment 07/21/00 Discount Rate Used: 4.00% Year of First Prepaid Assessment 2000 First prepaid Present Total assesment Value of Remaining Scheduled Scheduled Principal and Escrow Adm. Total Due due Total Due Balance Principal Interest Interest Fee From Escrow Interest Earned 12/20/00 $843.26 $3,608.26 $2.78 • 65 $163.81 $816.59 1 $40.83 $857.42 $60.10 12/20/01 $778.80 $2,810.94 $652.78. $132.17 $784.95. $39.25 $824.20 $112.44 12/20/02 $717.48 $2,099.18 $652.78 $99.87 $752.65'1 $37.63 $790.28 $83.97 12/20/03 $659.15 $1,392.87 $652.78 $66.90 $719.68 $35.98 $755.66 $55.71 12/20/04 $603.94 $692.92 $652.78 $33.61 $686.39 $34.32 $720.71 $27.79 12/20/05 $0.00 ($0.00)', $0.00 ' $0.00 $0.00 ($0.00) 12/20/06 $0.00 ($0.00)1 $0.00 $0.00 $0.00 ($0.00) 12/20/07 $0.00 ($0.00)1 $0.00 ( $0.00 $0.00 .($0.00)/ 12/20/08 $0.00 ($0.00)! $0.00 $0.00 $0.00 ($0.00) 12/20/09 $0.00 ($0.00): $0.00 $0.00 $0.00 ($0.00) 12/20/10 $0.00 ($0.00) $0.00 $0.00 $0.00 ($0.00) 12/20/11 $0.00 ($0.00) $0.00 $0.00 $0.00 ($0.00) 12/20/12 $0.00 ($0.00) $0.00 $0.00 $0.00 ($0.00) 12/20/13 $0.00 ($0.00) $0.00 $0.00 $0.00 ($0.00) 12/20/14 $0.00 ($0.00) $0.00 $0.00 $0.00 ($0.00) Totals $3,608.26 $3,263.90 $496.36 $3,760.26 LkgL40, -DU $188.01 $3,948.27 $340.02 1,L4 -7 Ja3r 7 City of Salina 6c` ' Special Assessment Prepayment Form Legal Description Tract # 26813 Job Number 93-872, Other Description: .LOT 6 BLK 3 AUSTIN ADDITION $16.26 Date of Payment 07/21/00, Discount Rate Used: 4.00% Year of First Prepaid Assessment 2000 First prepaid assesmenl due 12/20/00! 12/20/01 12/20/02 12/20/03 12/20/04 12/20/05 12/20/06 12/20/07 12/20/08 12/20/09 12/20/10 12/20111 12/20/12 12/20/13 12/20/14 Present Value of Total Due $377.04 $346.72 $317.91 $290.69 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 Summary of Findings: Future Assessments Due: $1,365.47 int of Prepayment Required: $1,334.00 igs on Prepayment: $31_47 Total Remaining Scheduled Scheduled Principal and Escrow Adm. Total Due Balance Principal Interest Interest Fee From Escrow Interest Earned $1,334.00 $301.13 $972.84 $301.13 $644.82 $301.13 $320.44 $301.13 ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00)' ($0.00): ($0.00)1-- $63.99 5365.121 $48.33 $349.461 $32.37 $333.50 $16.26 $317.39 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 i .. __ .__.. _...... Totals $1,334.00 $1,204.52 $160.95 $1,365.47 $18.26 $383.38 $17.47 $366.93 $16.68 $350.18 $15.87 $333.26 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $68.27 $1,433.74 $22.22 $38.91 $25.79 $12.82 ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) ($0.00) $99.75 SA5050DF Special Assessments - Work With Tract Assessments 7/21/00 08:17:48 Job: 1993-872 Streets & Utilities - Austin & Mayfair Tract# Lot Block Subdivision 26813 6 003 678 AUSTIN Lgl: S 50 Type options, press ENTER. 2 -Change 4 -Delete 5 -Display Opt Year Principal Interest Payments Assessment _ 1994 265.7120 185.9825 .00 451.69 _ 1995 177.1130 81.4112 .00 258.52 _ 1996 301.1310 123.0614 .00 424.19 _ 1997 301.1310 108.9456 .00 410.08 _ 1998 301.1310 94.3757 .00 395.51 _ 1999 301.1310 79.3480 .00 380.48 _ 000 301.1310 63.9903 .00 365.12 _ 2001 301.1310 48.3315 .00 349.46 _ 2002 301.1310 32.3716 .00 333.50 2003 301.1310 16.2611 .00 317.39 Help F3=Exit FS=Refresh F6=Create F12=Cancel SA505ODF Special Assessments - Work With Tract Assessments 7/21/00 08:16:54 Job: 1994-898 S & U/Austin,Country Oak Est,Tulane,Tasker Tract# Lot Block Subdivision 26813 6 003 678 AUSTIN Lgl: S 50 Type options, press ENTER. 2 -Change 4 -Delete 5 -Display Opt Year Principal Interest Payments Assessment _ 1995 394.1290 252.4790 .00 646.61 _ 1996 652.7750 299.6237 .00 952.40 _ 1997 652.7750 264.7133 .00 917.49 _ 1998 652.7750 229.5222 .00 882.30 _ 1999 194 8142 .00 847.59 _ 2000 652.7750 163.8139 .00 816.59 _ 2001 652.7750 132.1739 .00 784.95 _ 2002 652.7750 99.8746 .00 752.65 _ 2003 652.7750 66.9094 .00 719.68 2004 652.7750 33.6179 .00 686.39 Help F3=Exit F5=Refresh F6=Create F12=Cancel Fez City of Salina ji,: 7/21/2000 P.O. Box 736 Salina, Kansas 67402-0736 RECEIPT NO. 10021 1 1 130 DESCRIPTION AMOUNT PREPAID SP Tract# 26813 Lot 6 Blk 3 Austin Addi 4,942.26 553-000 557.000 RECEIVED FROM: Ronald E. Zwelling ORIGINAL RECEIPT TOTAL PAID V\ 4,942.26