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95-4917 Sell Dwellingcanwimaiea S1111e RESOLUTION NO. 95-4917 RESOLUTION OF THE CITY COMMISSION OF SALINA KANSAS, APPROVING A SALE OF A DWELLING UNIT UNDER SECTION 5(h) OF THE HOUSING ACT OF 1937. 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 units of such projects to families families of low and moderate income, known as the Section 5(h) Homeownership Program, and WHEREAS, Hella Conway has applied for purchase of er dwelling unit and has met the requirements of the Department and of the Housing Authority to qualify as a homebuyer; 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 dwelling nit commonly known as 1410 Ponca be sold to Hella Conway in ccordance with the draft Contract of Sale which is attached s Exhibit "A." After discussion, Commissioner moved that said Resolution be finally ado ted as rea ; the motion as seconded by Commissioner .a -- he question being put upon final adoption of said esolution, the roll was called with the following result: AYES: Q• �C ase,, f�uto,�s...��crtA..a NAYS: The Mayor declared such motion carried and the ution finally adopted. Adopted this 1At* day of 6R—alor - John Divine This is a legally binding contract. It not understood, seek competent advice. AGREEMENT FOR SALE OF REAL ESTATE THIS AGREEMENT, Made this 15th dayof August 1g 95 between Housing Authority of the City of Salinaof Saline County, State of Kansas, SELLER, and Hella M. Conway of Saline County, State of Kansas, BUYER. WITNESSETH, That in consideration of the stipulations herein contained, and on the reverse side hereof, if any, and the payments to be made by the Buyer as hereinafter specified, the Seller hereby agrees to sell unto the Buyer the following described real estate, situated In Saline County, State of Kansas, to -wit: Lot 29, Block 11, ,unset Manor Addition to the City of Salina. Commonly known as 1410 Ponca. and to convey merchantable title to the above described real estate to the Buyer by Genoral Warranty Deed with an abstract of title, certified to date showing good merchantable title or an Owners Policy of Title Insurance in the amount of the sale price, guaranteeing said title to Buyer, free and clear of all encumbrances except installments. If any, of special assessments not yet due, and subject, however, to all restrictions and easements of record applying to this property, it being understood that the Seller shall have sufficient time to 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 Thi rty-Two Thousand ( $ 32 , 000 . 00 ) Dollars, which amount the Seller hereby agrees to accept as the full purchase price of the above described real estate, to be paid in the manner following: Nine Hundred Fifty -Eight ($958-00) Dollars, paid at this time as earnest money to Salina Housing Authority escrow agent, who acknowledges receipt thereof, to be held by said escrow agent until the terms of this agreement are fulfilled, such amount then to apply on the purchase price: the balance of the purchase price whichis 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 Program dated November 4, 1992, revised March 27, 1992. That the taxes and assessments for 19_ 4 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 S©ller and the Buyer, as 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 thereon, and accepts the same In Its present condition and fitness for contemplated use, except: That sale closing shall be No later than September 1, 1995. That possession shall be given immediately upon closing That the deed and/or other papers of transfer are to be executed at once by the Seller and placed in 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 assumed, are to be through Sunflower Bank That the parties to this contract mutually agree to and do authorize Sunflower Bank Escrow Agent broker, to secure all 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 of 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 is 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 be null.and void or, in the alternative, such parry may require the specific performance of this Agreement and recover damages resulting from the failure to so perform. If 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 Buyerand his contract cancelled. It is hereby agreed that time is the essence of this contract, and all payments must be made promptly in accordance with the terms hereof. It is mutually agreed that all 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, The partiesof these presents have hereunto sat their hands, this 21St day of August - .19 95 Seller; H si ority of the City of Buyer: Hella M Conway It) wtkL,e Salina Recel t Is tckOacaksnh owledged by 0 for earnest money In the sum of S RESOLUTION NO. 283 RESOLUTION OF THE HOUSING AUTHORITY OF SALINA KANSAS, APPROVING A SALE OF A_ DWELLING UNIT UNDER SECTION 5(h) OF THE HOUSING ACT OF 1937. y 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 units of such projects to families families of low 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 Board 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 by Commissioner Walker The question being put upon final adoption of said Resolution, the roll was called with the following result: AYES: Mo-rse_,.Worth,,Lee, Walker, Stillings NAYS: None The Chairman declared such motion carried and the Resolution finally adopted. Adopted this 17 th day of August , 1995. ATTEST: z2� Chairman - Paul E. Mo sIt e l� Secretary'- Cheryl Mu ler