6.2 Sell Housing Auth Dwelling CITY OF SALINA
REQUEST FOR COMMISSION ACTION DATE
8/21/95, 4:00 P.M.
AGENDA SECTION: ORIGINATING DEPARTMENT!~ ~ ~'APPROVED FOR
NO. 6 AGENDA:
City Manager
ITEM:
NO. 2
BY: Dennis M. Kissinger BY:
Item
Resolution Number 95-4917 authorizing the sale of a certain dwelling unit as
requested by the Salina Housing Authority.
Bae .k~ound
This is a request from the Salina Housing Authority for approval of the sale of
a house from our Public Housing Project, KS1B-P-00~. to tenants, under the
Homeownership Program. This house is 1410 Ponea. The buyer is Hella
Conway. The sale price is $3~.,000. The basle first mortgage is $~.§,600.
Recommendation
Adopt Resolution Number 95-4917 authorizing the Mayor to execute the contract
of sale and deed in favor of the purchaser.
COMMISSION ACTION
MOTION BY SECOND
THAT:
Thi3 is a legally binding contrect. II not understood, seek Gompetent at,vice.
AGREEMENT FOR SALE OF REAL ESTATE
THIS AGREEMENT, Made this 15th dayof ,~qUS~ , 19 95 ~;~n Hous~n~ Au~ho=~b~ of
the C~ty of Saline o~ Saline Coun~,StateofK~nsas,
SELLER, and Helle M. Conway
of Sa 1 i ne ~un~, State of Kant. BUYER.
WITNESS~, That in ~nslderation of the stipulations herein contained, and on the reve~ side he~t, if any, and ~he payments to be
made by the BWer ~ hersina~et s~clfied, the ~ller hereby agrees to ~11 unto the B~er the following described real estate, situm[~ In
Saline Count, S~[e of Ka~, to-wit:
'Lot 29, Block 11, ~nset Manor Addition to the City of Saline. Commonly known as 1410 Ponce.
and to convey merchantable title to the above described real estate to the Buyer by General Warran~ Deed with an abstract of title, certified to
date s4%owing good merchantable title or an Ownem Policy of Title Insurance in the m'nount of the sale price, guaranteeing s~d title to Buyer,
free and clear of all encumbrances except installments, If any, of special a..~.sessments not yet due, and
subject, however, to all rest,fictions and easement'~ of record applying to this property, it being understood that the Seller shall have ~fficlent
time fo bring said abstract to date or Obtain Report for Title Insurance and to correct any Imperfections in the title If there be such imperfections.
That the Buyer hereby covenants and agrees to pay the sum of T'hi try-Two Thousand ( $ 32,000 · 00)
Dollars, which amount the Seller hereby agrees
to accept sa the full purchase price of the above described real estate, to ~e paid in the'manner following: N~.ne Hundred
F' ~ ~F.l%y- P~ ~ _oh~ ( $ 958 · 00 ) Dollars, paid at this time as earnest money
m. Saline Housing Authority escrow agent, who acknowledges receipt thereof, to be held by said
escrow agent until the terms of this agreemenl are fulfilled, such'amount then to apply on the purchase price; the balance of the purchase price
whchls. Thirty-One Thousand Forty-Two ($31,042.00)
Dollars, is to be paid as follows:
First mortgage in favor of Sunflower Bank in the amount of $25,600.00.
Balance including closing costs and escrow accounts in a second mortgage
in favor of the Housing Authority of the City of Salina. In accordance
with the Housing Authority's Section 5(h) Homeownership Progra,m dated
November 4, 1992, revised March 27, 1992.
That the taxes and assessments for 19 94 and all prior.years shall be paid by Seller. All taxes and special assessments for the calendar
year in which possession is delivered shall be pro-rated between the Sailor and the Buyer, es of date of possession. If the amount of any such tax
to be pro-rated cannot then be ascertained, pro-ration shall be computed on the amount thereof for the preceding year.
That Buyer has Inspected property, Including the fixtures t h0reon, and accepts the same In Its present condition and !ltnasa for contemplated
use, except:
That ssle closing shall be. NO later than September l, 1995.
That posse&sion shall be given , immediatel:y upon closing
That the deed and/or other papers of transfer are to be executed at once by the Seller and placedin escrow together with the earnest money
until the transaction is completed according to this agreement, and that all further payments except for deferred mortgage payments, Incurred
or a.~,sumed, ara to be through Sunflower Bank
Thai the parties to this contract mutually agree to end do authorize Suni lower Bank:
R.~row A_~n~. broker, to secure ell the information necessary, to secure or have prepared all
papers necessary, and to do all or to have done all that may be necessary or appropriate to complete this agreement in accordance with local
practice; and said parties agree to pay the costs ol such, each in his own proportion or share as follows:
Seller 100%
That any losses insurable by a fire and extended coverage insurance policy shall be the responsibility of the Seller until title ia delivered and
Seller agrees that proceeds of any insurance claims, payable or incurred from the date of this agreement to the date of possession, shall be Used
to repair such damage or applied to reduce total purchase price.
That if either Seller or Buyer shall fail to perform the covenants of this Agreement, the other shall have the option to declare this Agreement
to ~e null.and void or, in the alternative, such pa~, may require the specific performance of this Agreement and recover damages resulting from
the failure to so perform. II Buyer shall fail'to perform, Seller may retain the earnest money paid to apply on Seller's damages.
That if the Seller cannot deliver title as agreed, the earnest money paid by the Buyer shall be returned to said Buyer'end his contract ca. celled.
It is hereby agreed that time is the essence of this contract, and ell payments must be made promptly in accordance with the terms hereof,
It is mutually agreed that ali the covenants'and agreements herein contained shall extend to and be obligatory upon the heirs, executors,
and administrators and assigns of the respective parties hereto.
IN WITNESS WHEREOF, Thepartiasofthesepresantshavehereuntosettheirhands, this 21st dayof ,~UQ'USt ,19 95
Seller: Housinq Authority of the City ~f Buyer: .. }{ella M. Conwa¥
Saline
Receipt is hereby acknowledged by
C:] check [:]cash for earnest money In the sum of $
RESOLUTION NO. 283
RESOLUTION OF THE HOUSING AUTHORITy OF SALINA KANSAS,
APPROVING ~ SALE OF A DWELLING UNIT
UNDER SECTION 5(h) OF THE HOUSING ACT OF 19~.7.~
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 such unitsi~of such projects to families families of iow
and moderate income, known as the Section 5(h) Homeownership
Program, and
WHEREAS, Hella Conway has applied for purchase of
her dwelling unit and has met the requirements of the
Department and of the Housing Authority to qualify as a
homebuyer;
NOW, THEREFORE, BE IT RESOLVED by the Hoard of
Commissioners of the Housing Authority of Salina, Kansas,
that it is recommended to the City Commissioners of the City
of Salina that the dwelling unit commonly known as 1410 Ponca
be sold to Hella Conway in accordance with the draft Contract
of Sale which is attached as Exhibit "A."
After discussion, Commissioner Stillings moved
that said Resolution be finally adopted as read; the motion
was seconded ~y Commissioner Walker
" The question b~ing put upon final adoption of said
Resolution, the roll was called with the following result:
AYES: MoTse., Wot'th, 'Lee, Walker, Stillings
NAYS: None
The Chairman declared such motion carried andthe
Resolution finally adopted. Adopted this l__/_7th day of
Auqust , 199--5.
ATTEST:
~hairman - Paul E. Mo~se !
Sec~ Cheryl Muller