Contract for Sale of Real Estate CONTRACT OF SALE OF
REAL ESTATE
This Contract is made and entered into this 4th day of May, 2015, by and between Dennis
M. Fry, a/k/a Dennis Murray Fry, a single man, ("Seller") and The City of Salina, Kansas
("Buyer").
1. Property. Seller agrees to sell, and Buyer agrees to purchase the
following-described real estate located in Saline County, Kansas:
[330 S. Ohio]: Lot Nine (9) except the East Fifteen(15) feet thereof in Surveyor's
Plat Twelve (12), in the City of Salina, Saline County, Kansas; and also except the
following described tract,to-wit:
Commencing at an Iron Bar located at the Northeast corner of Lot Two (2) of said
Surveyor's Plat Twelve (12) and said Iron Bar also being Thirty-five (35') feet
South of the centerline of Gypsum Avenue and Thirty-five (35') feet West of the
centerline of Ohio Street, thence South 1 degree, 39' 58.3" E along the West right-
of-way line of Ohio Street a distance of Four Hundred Fourteen and Twenty-three
Hundredths (414.23') feet to the North line of said Lot Nine (9), thence South 88
degrees 06' 17.4"W along the North line of said Lot Nine (9) a distance of One
Hundred Ninety-eight and Fifty-six Hundredths (198.56') to the point of
beginning, thence South 53 degrees 56' 02.5" W a distance of Eighty-nine (89')
feet, more or less, to the Southwest corner of said Lot Nine (9) and said point also
being on the centerline of the Smoky Hill River; thence in a Northerly direction
along the centerline of the Smoky Hill River a distance of Fifty-seven (57') feet,
more or less, to the Northwest corner of said Lot Nine (9); Thence North 88
degrees 06' 17.4" E along the North line of said Lot Nine (9) a distance of One
Hundred (100') feet, more or less,to the point of beginning.
[332 S. Ohio]: Lots Ten (10) and Eleven (11), in Surveyors Plat Twelve (12), in
the City of Salina, Saline County, Kansas, (except that part taken for street)
together with all improvements located thereon and appurtenances thereto, free and clear of all
liens, charges, and encumbrances whatsoever, but subject to easements and restrictions of record,
if any. The properties described above shall hereinafter be collectively referred to as "the
Property."
2. Purchase Price. The Purchase Price for the Property shall be the sum of One
Hundred Seventy-five Thousand Dollars ($175,000.00), which shall be paid on the Closing Date.
In addition, Buyer shall pay One Thousand Three Hundred Twenty Dollars ($1,320.00) for
relocation assistance and storage costs on the Closing Date ("Relocation Assistance Payment").
3. Payment of Expenses. Buyer shall pay the following expenses:
(a) Cost of preparation of the contract and deed;
(b) Title insurance premium;
(c) Closing fee; and
(d) Cost of recording deed.
4. Escrow Agent. Land Title Services, Inc., Salina, Kansas, shall be the Escrow
Agent of the parties. Escrow Agent shall hold all payments in an escrow or trust account
pursuant to Kansas statutes to disburse at Closing as provided in this Contract. If doubt or a
question arises as to liabilities, Escrow Agent may (a) continue to hold all funds until the parties
mutually agree in writing or until a court of competent jurisdiction determines the rights of the
parties, or (b) deposit all funds so held with the Clerk of the District Court of Saline County,
Kansas, and, after notifying all parties in writing, Escrow Agent's liability shall cease, except to
account for any sums previously delivered.
5. Evidence of Title. As soon as reasonably possible after execution of this
Contract, Buyer shall request the preparation of a commitment for an owner's title insurance
policy in the amount of the Purchase Price, insuring Buyer's title, subject only to encumbrances,
exceptions, or qualifications set forth in this Contract, and those which shall be discharged by
Seller at or before Closing. If Seller cannot furnish marketable title to the Property, then Buyer
may cancel this Contract and pursue any remedies available at law or in equity, initiate an
eminent domain proceeding in order to acquire title to the Property, or any combination thereof.
In case of a dispute between the parties as to marketability of the title, the Title Standards
adopted from time to time by the Bar Association for the state of Kansas, and the Kansas
Marketable Title Act, as amended, shall control.
6. Closing Date. The Closing Date shall be on or before May 15, 2015, unless both
parties agree in writing to delay the Closing. "Closing" means the settlement of the obligations
of Seller and Buyer to each other under this Contract, including the payment of the Purchase
Price to Seller, and the delivery to Buyer of a deed in a proper form for recording so as to transfer
to Buyer fee simple title to the Property, free of all encumbrances except as herein stated.
7. Restrictions, Easements, Limitations, Taxes. Buyer shall take title subject to
the following: zoning restrictions, prohibitions, or other requirements imposed by governmental
authority; restrictions, covenants, and matters appearing on the plat or of record; and public
utility easements of record.
8. Insurance and Casualty Loss. Seller agrees to maintain in force all casualty and
property insurance now in effect on the Property, which insurance may be canceled upon the later
of Closing Date and Seller relinquishing possession of the Property to Buyer. In the event of loss
or damage by fire, flood, wind, hail, or other causes to the Property prior to the Closing Date, the
proceeds of any insurance on the Property shall belong to Seller; provided, however, Seller
agrees that the Purchase Price shall be reduced by the amount of such insurance proceeds paid to
Seller.
9. Liens. Seller certifies that at Closing there will be no lien claimants, nor potential
lien claimants, nor improvements to the Property for 120 days prior to Closing Date. If there
have been improvements on or to the Property within 120 days prior to the Closing Date, Seller
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shall deliver releases or waivers from the general contractors, subcontractors, suppliers, and
materialmen furnishing the labor or materials for such improvements, together with such
affidavits as Buyer may reasonably require naming such persons and reciting that all bills that
might serve for a basis for materialmen's liens have or will be paid prior to or at Closing.
10. Conveyance. Seller shall properly execute a general warranty deed conveying the
Property to Buyer free and clear of all liens and encumbrances whatsoever, except as herein
provided, and shall place such Deed in escrow with the Escrow Agent as soon as may be
reasonably possible. If Buyer fully complies with the provisions of this Contract, then the
Escrow Agent shall deliver the deed and other documents related to the Property to Buyer. No
title shall pass hereunder to Buyer but shall remain in Seller until the foregoing conditions have
been fully complied with.
11. Default by Sellers. In the event Seller is unable or fails to furnish title or
possession as agreed in this Contract, Buyer may cancel this Contract, pursue any remedies
available at law or in equity, initiate an eminent domain proceeding in order to acquire title to the
Property, or any combination thereof.
12. Relocation Assistance. Buyer and Seller agree that the Relocation Assistance
Payment is fair and reasonable. Seller acknowledges that the Relocation Assistance Payment
was determined as a result of voluntary negotiations with the Buyer. The Relocation Assistance
Payment and associated notices shall be full satisfaction of Seller's rights and entitlements to
relocation assistance and notice, including any assistance and notice required under K.S.A. 58-
3508.
13. Tenants. The tenancy of Chase Fry, Samantha Elsasser, and any other occupants
of the Property shall terminate as of the Closing Date. The Seller shall provide all necessary
notices under current leases, if any, and applicable law to Chase Fry, Samantha Elsasser, and any
another occupants. Upon the Closing of this Contract, the Buyer shall lease the Property to the
current occupants as agreed in separate written real estate leases.
14. Assignment. This Contract or any right or interest in the Property shall not be the
subject of an assignment by Seller or Buyer.
15. No Commission. The parties stipulate that they have not consulted with any real
estate broker or salesperson, with respect to this sale, and no commissions arising from this sale
are due and owing.
16. Real Estate Reporting Person. The parties agree that the Escrow Agent is the
real estate reporting person as that term is defined under Internal Revenue Code Section 6045(e).
Seller agrees to provide Escrow Agent. with a written statement, certified under penalties of
perjury, setting forth Seller's correct name, address, and taxpayer identification number. The
parties further agree that Escrow Agent shall be required to file the informational return required
by Internal Revenue Code Section 6045.
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17. Representation of Parties. The law firm of Clark, Mize & Linville, Chartered,
Salina, Kansas, represents Buyer. Seller understands that he has the right to seek independent
legal counsel of his choosing to represent him and to advise him with respect to this matter. By
executing this Contract, Seller represents that he has either sought the advice of separate counsel
of his choosing or has elected to proceed without separate counsel herein, and that Buyer's
attorneys are not representing Seller and have not advised Seller with respect to this matter.
18. Captions. The captions heading the various paragraphs of this Contract are for
convenience and shall not be considered to limit, expand, or define the contents of the respective
paragraphs.
19. Feminine-Masculine, Singular-Plural. Wherever used, singular shall include
the plural,plural the singular, and use of any gender shall include all genders.
20. Kansas Law Applies. This Contract and its validity, construction, and
performance shall be governed by the laws of Kansas. This Contract shall be interpreted
according to its fair meaning, and not in favor of or against any party.
21. Statutory Compliance. The following disclosures are made to comply with
statutory mandates:
21.1 Sexual Predators. Kansas law requires persons who are convicted of certain
crimes, including certain sexually violent crimes, to register with the sheriff of the county
in which they reside. If you, as the buyer, desire information regarding those registrants,
you may find information on the homepage of the Kansas Bureau of Investigation (KBI)
at http://www.Kansas.gov/kbi or by contacting the local sheriffs office.
21.2 Radon Gas. Every buyer of residential real property is notified that the property
may present exposure to dangerous concentrations of indoor radon gas that may place
occupants at risk of developing radon induced lung cancer. Radon, a Class-A human
carcinogen, is the leading cause of lung cancer in non-smokers and the second leading
cause overall. Kansas law requires sellers to disclose any information known to the seller
that shows elevated concentrations of radon gas in residential real property. The Kansas
Department of Health and Environment recommends all home buyers have an indoor
radon test performed prior to purchasing or taking occupancy of residential real property.
All testing for radon should be conducted by a radon measurement technician. Elevated
radon concentrations can be easily reduced by a radon mitigation technician. For
additional information, go to www.kansasradonprogram.org.
21.3 Lead Paint Disclosure. The parties understand that pursuant to 24 CFR Subtitle A,
§35.80 et. seq., every purchaser of any interest in residential real property on which a
residential dwelling was built before 1978, must be notified regarding the presence of lead-
based paint that may place young children at risk of developing lead poisoning. As such the
parties agree to execute and abide by the Lead Warning Statement attached hereto as
Exhibits A and B.
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22. Time. Time is of the essence of this Contract. No extension will be granted
unless in writing and signed by the parties.
23. Persons Bound-Copies. This Contract shall extend to and bind the heirs,
executors, administrators, trustees, successors, and assigns of the parties hereto, and may be
executed in any number of counterparts, each of which shall be deemed an original, and all such
counterparts or originals shall for all purposes constitute one agreement.
24. Typewritten or Handwritten Provisions. Typewritten or handwritten
provisions inserted or attached shall supersede all conflicting printed provisions.
25. Merger Clause. These terms are intended by the parties as a complete,
conclusive, and final expression of all the conditions of their Contract. No other promises,
statements, warranties, agreements, or understandings, oral or written, made prior to or at the
signing thereof, shall be binding unless in writing and signed by all parties and attached hereto.
Any amendment to this Contract, including an oral modification supported by new consideration,
must be reduced to writing and signed by both parties before it will be effective.
IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first
above written.
"Seller" "Buyer"
//dr CITY OF SALINA, KANSAS
Dennis M. Fry MI" ����I
B : 1 /
J• . ' .1701.1S ard, Mayor
Attest:
By: ktdl 2
Sh 1�i Wicks, CMC, City Clerk
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ACKNOWLEDGEMENTS
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on ili,a/ V , 2015, by Dennis M. Fry,
a/k/a Dennis Murray Fry, a single man.
_ . a I II I as- I _1, 11 - ; , e.,,,A l/ aeives--'
BRENDA K. LINTON i Notary Public
®,... NOTARY PUBLIC
STATE OF KANSAS 1
MY APPT. EXPIRES /0 1/.90/5- ?
STATE OF KANSAS, COUNTY OF SALINE, ss:
This instrument was acknowledged before me on 0 , 2015, by Jon R. Blanchard
V\I
as Mayor and Shandi Wicks, CMC, as City Clerk for the City f Salina, Kansas.
4,,,,i l'My appointment expires: 4 -- ___
Notary Public
_,%; ,, MICHELE R. ORR-MUTHS
-° Notary Public-State of Kansas
My Appl.Expires `. .
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EXHIBIT A
330 S. OHIO
LEAD WARNING STATEMENT
Every purchaser of any interest in residential real property on which a residential dwelling was built
before 1978, must be notified regarding the presence of lead-based paint that may place young
children at risk of developing lead poisoning. Lead poisoning in young children may produce
permanent neurological damage, including learning disabilities, reduced intelligence quotient,
behavioral problems,and impaired memory. Lead poisoning also poses a particular risk to pregnant
women. The seller of any interest in residential real property is required to provide the buyer with
any information on lead-based paint hazards from risk assessments or inspections in the seller's
possession, and notify the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosures:
1. The real property being purchased by Buyer was built in 1916.
2. Answer one of the following:
(a) Known lead-based paint and/or paint hazards are present on the real
property being purchased by Buyer as follows:
Seller has no knowledge of lead-based paint and/or lead-based paint
hazards on the property being purchased by Buyer.
3. Answer one of the following:
(a) Seller has provided Buyer with the following available records and reports
pertaining to lead-based paint and/or lead-based hazards on the property being
purchased by Buyer, which represent all such reports in Seller's possession:
•(b) Seller has no reports or records pertaining to lead-based paint and/or lead-
based paint hazards on the property being purchased by Buyer.
4. Buyer is hereby advised to contact a local real estate agency to obtain the pamphlet
entitled Protect Your Family from Lead in Your Home.
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Buyer's Acknowledgments:
(a) Buyer has received copies of all information listed above.
(b) Buyer has been advised by Seller to contact a local real estate agency to
obtain a copy of the pamphlet entitled Protect Your Family From Lead in Your
Home and Buyer has obtained that pamphlet.
(c) Buyer has(check one below):
(i) Received a 10-day opportunity(or mutually agreed upon period)to
conduct a risk assessment or inspection of the presence of lead-based paint
or lead based paint hazard; or
x (ii) Waived the opportunity to conduct a risk assessment or inspection
for the presence of lead-based paint and/or lead-based paint hazards.
Certification of Accuracy:
The following parties have reviewed the information above and certify, to the best of their
knowledge,that the information they have provided is true and accurate.
"Sel. r" "Buyer"
OfCITY OF SAL 1400• SAS
Dennis M. Fry /■Itor 0- r■4
on ` . 7:chard, Mayor
Attest:
,
By: JIK y'p
Sh i Wicks, CMC, City Clerk
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EXHIBIT B
332 S. OHIO
LEAD WARNING STATEMENT
Every purchaser of any interest in residential real property on which a residential dwelling was built
before 1978, must be notified regarding the presence of lead-based paint that may place young
children at risk of developing lead poisoning. Lead poisoning in young children may produce
permanent neurological damage, including learning disabilities, reduced intelligence quotient,
behavioral problems,and impaired memory. Lead poisoning also poses a particular risk to pregnant
women. The seller of any interest in residential real property is required to provide the buyer with
any information on lead-based paint hazards from risk assessments or inspections in the seller's
possession, and notify the buyer of any known lead-based paint hazards. A risk assessment or
inspection for possible lead-based paint hazards is recommended prior to purchase.
Seller's Disclosures:
1. The real property being purchased by Buyer was built in 1927.
2. Answer one of the following:
(a) Known lead-based paint and/or paint hazards are present on the real
property being purchased by Buyer as follows:
1-)4 (b) Seller has no knowledge of lead-based paint and/or lead-based paint
hazards on the property being purchased by Buyer.
3. Answer one of the following:
(a) Seller has provided Buyer with the following available records and reports
pertaining to lead-based paint and/or lead-based hazards on the property being
purchased by Buyer,which represent all such reports in Seller's possession:
(b) Seller has no reports or records pertaining to lead-based paint and/or lead-
ased paint hazards on the property being purchased by Buyer.
4. Buyer is hereby advised to contact a local real estate agency to obtain the pamphlet
entitled Protect Your Family from Lead in Your Home.
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Buyer's Acknowledgments:
(a) Buyer has received copies of all information listed above.
1 y. (b) Buyer has been advised by Seller to contact a local real estate agency to
obtain a copy of the pamphlet entitled Protect Your Family From Lead in Your
Home and Buyer has obtained that pamphlet.
(c) Buyer has(check one below):
(i) Received a 10-day opportunity(or mutually agreed upon period)to
conduct a risk assessment or inspection of the presence of lead-based paint
or lead based paint hazard; or
(ii) Waived the opportunity to conduct a risk assessment or inspection
for the presence of lead-based paint and/or lead-based paint hazards.
Certification of Accuracy:
The following parties have reviewed the information above and certify, to the best of their
knowledge,that the information they have provided is true and accurate.
"Seller" "Buyer"
/ CITY OF SAL I SAS
�_ ':_+1 fl. ,i.� p4/*/Dennis M. Fry
c -
P T ' . B''chard, Mayor
Attest:
By: �Q1
Shand Wicks, CMC, City Clerk
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RECEIPT BY ESCROW AGENT
The undersigned hereby acknowledges receipt of the executed original of this Contract,
and agrees to act as Escrow Agent and Real Estate Reporting Person as defined under Internal
Revenue Code Section 6045(e). Seller shall execute and deliver a general warranty deed upon
execution of this Contract to the Escrow Agent. Said deed shall be delivered to Buyer by the
Escrow.Agent upon the closing of this Contract, pursuant to its terms. This receipt is executed
this s day of t„._„ 2015.
Land Title Services, Inc.
By: Ea c�
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