97-5099 Sell DwellingCmsdaa10S.'u —
Resolution No. 97-5099
WHEREAS, The Housing Authority of Salina, Kansas, has
been operating a program of Low Income Public Housing
pursuant to an Annual Contributions contract, with the
United States Department of Housing and Urban Development,
and
WHEREAS, The Department has approved a plan of sale of
units of such proects to families of low and moderate
income, known as Re Section 5(h) Homeownership Program,
and
WHEREAS, Orin D. Hazlett have applied for purchase of
his dwelling and has met the requirements of the
Department, and the Housing Authority, to qualify as a
homebuyer, and
WHEREAS, the Housing Authority has recommended the
approval of this sale;
NOW, THEREFORE( BE IT RESOLVED by the City Commission
of the City of Salina, Kansas that the sale of the dwelling
unit commonly known as 917 Seneca to Orin D. Hazlett is
approved in accordance with the draft Contract of Sae
which is attached as Exhibit "A", and that the Mayor is
authorized and directed to execute the Contract of Sale,
Deed and all other related documents on behalf of the City.
After discussion, Commissioner ec-' - moved
that said Resolution be finally adopted -as rea ; t e motion
was seconded by Commissioner,
The question being put upon final ado tion of said
Resolution, the roll was called with he following result:
AYES]
NAYS
The Mayor declared such motion carried and the
Resolution finally adopted. Adopted this 6th day of
January, 1997.
ATTEST:
Mayor Evelyn •axwe
110
MWETWE
Land Title Services, Inc.
REAL ESTATE PURCHASE CONTRACT
0his agreement. Made and entered into this 23 day of December 19-2-6—
by
g96by and between The Housing Authority of the City of Salina
par16 of the
FirstHazlPart,
t t, hereinafter referred to as "Seller," whether one or more, and
rin
party of the Second Part, hereinafter referred to as "Buyer," whether one or more.
WITNESSETH: That for and in consideration of the mutual promises, covenants and payments hereinafter set
out, the parties hereto do hereby contract to and with each other, as follows:
I. The Seller does hereby agree to sell and convey to the Buyer by a good and sufficient warranty deed the
following described real property, situated in Saline County, Kansas, to -wit:
T..nt 27, Blnrk 9, Sunset Manor additnn, city of Salina, Salines County Kan -,ago
Alsn Knnwn as 917 Senora_
2. The Buyer hereby agrees to purchase, and pay to the Seller, as consideration for the conveyance to him of the
above described real property, the sum of Thiry TTto Thousand
Dollars
in manner following, to -wit: Twenty, Six Thousand na3_3_aes cash and E21 -2p,, in "seft"
.-gaga aquaiiag $ 6,000 =1= All ralosig casts and=Prapaids, in accardance w4th
The Housitag Authority* seration 5(h) Homeowner -ship pvogr-a- dated Na;xambar
4, 1991,Re3v;sed Mar -ph 27 1992
3. The Seller, at his option, agrees to furnish to the Buyer, either a complete abstract of title certified to date, or
a title insurance company's commitment to insure, to the above described real property, showing a merchantable
title vested in the seller, subject to: - FasemenfR and Rostrirtions of record
The Title Evidence shall be sent to
for examination by the Buyer as promptly and expeditiously as possible, and it is understood and agreed that the
Seller shall have a reasonable time after said Title Evidence has been examined in which to correct any defects in title.
4. A duly executed copy of this Purchase Agreement shall be delivered to the parties hereto.
5. The Buyer agrees to and does hereby deposit with T.nnrl Ti rl> Serlyi ceQ
the sum of Tyonty MX Thousand Dollars,
earnest money, as a guarantee that the terms and conditions of this contract shall be fulfilled by him, said deposit to
be applied on the purchase price upon acceptance of title by the Buyer and delivery of deed by the Seller. In the event
the Buyer shall fail to fulfill his obligation hereunder the Seller may, at his option, cancel this agreement, and
thereupon the aforementioned deposit shall become the property of the Seller not as a penalty but as liquidated
damages. Provided, however, that in the event the Seller is unable to furnish merchantable title, the earnest money
deposited shall be returned to the Buyer, and this Agreement shall be null and void and of no further force and
effect.
6. It is further agreed by and between the parties hereto that all rentals, insurance (if policies acceptable to
Buyer) and interest, if any shall be adjusted and prorated as of N/A Taxes shall be
prorated for calendar year on the basis of taxes levied, or for prior year.
7. The Seller further agrees to convey the above described premises with all the improvements located thereon
and deliver possession of the same in the same condition as they now are, reasonable wear and tear excepted.
8. It is understood and agreed between the parties hereto that time is of the essence of this contract, and that
this transaction shall be consummated on or before _ Taauary 31, 1996 @ 8.00 a ra
9. Possession to be given to Buyer on or before January 31, 1996 @ 8:30 a.m.
10. In the event an Owners title in�urance policy is furnished, the total cost of the commitment to insure and the
title insurance policy will be paid N A % by seller and 100 % by buyer.
SELLER TO PAY: all closing costs rolled into soft mortgage.
BUYER TO PAY: $26,000 0 asses to abido by soft m tgsge
OTHER TERMS AND/OR CONDITIONS:
SEE YOUR ATTORNEY BEFORE SIGNING THIS CONTRACT IF YOU DO NOT UNDERSTAND ANY PART
OF IT
It is agreed by all parties that -' ,1nd TJt1E Serve can is hereby designated as escrow agent of both par-
ties. All moneys paid and to be paid, prior to the closing of this transaction, and the deed and other papers that may be
delivered hereunder, shall be paid and delivered to said escrow agent, who shall hold and then pay and deliver the
same to the respective parties entitled thereto upon full performance by the parties of all terms of this Contract. In ac-
cepting any funds, securities or documents hereunder, it is agreed that, in the event of disagreement between parties of
referenced contract or parties representing them, Agent will and does reserve the right to hold all monies, securities or
documents in its possession until a mutual agreement has been reached or until delivery is legally authorized by final
judgment or decree of the court. Said Agent acknowledges receipt of an executed copy of this Contract and the sum of
$gip-ds Earnest Money, and agrees to act as escrow agent.
Executed this 23 day of December 19 2(. LAN® TITLE SERVICES, INC.
ACCEPTED:
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Buyer L / "Np Q Sell4
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Buyer Seller
City of lana
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