HomeMy WebLinkAbout55-80 RESOLUTION•
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RESOLUTION NO. 55 ----YO
A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK
TO EXECUTE AN AGREEMENT WITH SANG AVENUE BAPTIST
CHURCH FOR THE PURCHASE OF A SENIOR CENTER SITE.
BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE CITY
OF FAYETTEVILLE, ARKANSAS:
That the Mayor and City Clerk are hereby authorized
and directed to execute an agreement with Sang Avenue
Baptist Church for the purchase of a Senior Center Site.
A copy of the agreement authorized for execution hereby is
attached hereto, marked Exhibit "A' and made_a part hereof.
PASSED AND APPROVED this /7±4 day of
ATTEST:
CITY CLERK
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APPROVED:
1980.
CERTIFICATE OF RECORD
State of Arkansaa
City of Fayetteville (
uo
I, Bonnie Goering, City Clark and
recorder for the City of Fayetteville, c:o her.
certify that the annexed or foregoing is
of record in my office and tile si:rac.• ap-
pears in Ordinance & Resolution hook
t Pag
WitneSS ;11:7
hand and s -#1-4 day of
4.—a•art
City Cler
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and Ex -Officio R
MICROFILMED
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AGREEMENT
This Agreement executed this /173_1‘.1 day of?
1980, by Sang Avenue Baptist Church, hereinafter called
Seller, and the City of Fayetteville, Arkansas, hereinafter
called Purchaser.
WHEREAS, Seller is the oWner of a lot situated within
the City of Fayetteville, County of Washington, State of
Arkansas, described as follows:'
Lot 1, Block 1 of Abshire's Third Addition to the City
of Fayetteville, Arkansas, as per plat of said Addition
on file in the office of the Circuit Clerk and Ex -
officio Recorder of Washington County, Arkansas.
WHEREAS, the real property consists of a church site
with improvements thereon as follows:
One C11 concrete block, brick, and masonry structure
containing approximately four thousand, four hundred
ninety-two (4,492) square -feet with permanent fixtures
consisting of three (3) bathrooms, kitchen sink and
cabinets, and a heating and air conditioning system;
and
WHEREAS, Seller desires to sell to Purchaser and Purchaser
desires to buy from Seller the aforesaid real property and
permanent fixtures for the purchase price and on the terms
and conditions hereinafter set forth.
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants
contained herein, the parties agree as follows:
1. The purchase price for the property and permanent
fixtures shall be One Hundred Ten Thousand Dollars ($110,000)
payable in full at closing.
2. Upon payment of the purchase price as herein provided,
or assurance of its payment satisfactory to Seller, Seller
shall execute and deliver to Purchaser a warranty deed
describing the property and conveying the same to Purchaser
or its nominee.
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3. Sellj shall furnish for Purchaser's examination
within thirty (30) days from this date a complete Abstract
of Title certified to date by an abstract company acceptable
to Purchaser's attorney showing the condition of the title
of the property as of the date of certification. Said
abstract shall remain the property of Seller pending closing.
4. Title to the property shall be good and marketable,
free and clear of all encumbrances except easements filed of
record, and free and clear of all defects and burdens.
5. If any title restrictions, defects or burdens
appear in the abstract, to which Purchaser objects, such
objections shall be stated in writing to Seller who shall be
allowed a reasonable time, but not to exceed thirty (30)
days, in which to correct the same. If Seller is unable Or
unwilling to do so, Purchager, at its option, may either
terminate this Contract or pursue any other remedy available
to Purchaser in law or
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6. This Contr&ct
equity.
shall be completed and the transaction
closed as soon as possible.
7. Possession of the property shall be delivered
within one hundred eighty (180) days after closing; provided,
if the new church building to be constructed by Seller
7--">rrat)14-25),C5Sang Avenue across from Asbell School in
the City of Fayetteville, Arkansas, is not completed within
one hundred eighty (180) days after closing, possession
shall be delivered upon completion of said church building.
Seller agrees to pay rent to Purchaser after closing at the
rate of three hundred fifty dollars ($350) per month until
possession is delivered; provided, if possession is not
delivered within one hundred eighty (180) days from the date
of closing, Seller agrees to pay rent to Purchaser at the
rate of seven hundred dollars ($700) per month after expiration
of said one hundred eighty (180) day period.
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• a.
8. Purchaser has inspected the property, including the
improvements thereon, and accepts the same in their present
condition. Seller shall maintain the improvements, including
the plumbing, heating and electrical systems therein, in
good working order to the time of transfer of possession,
but all obligation of Seller with respect to maintenance
shall terminate at the date of transfer. Risk of loss by
fire or other casualty
9. After closing,
prior to closing shall be Seller's.
Purchaser shall hava the right to
pave the parking area on the property. Purchaser agrees
schedule said paving so as not •to make the parking area
unavailable for use on any Sunday. Purchaser
have the right to undertake remodeling of the
shall also
kitchen.
Purchaser agrees that said remodeling shall not interfere
with the use of the kitchen by Seller for church meeting
purposes.
.710..,Thi5,Contracthal1inure,to the benefit -of --and
to
bind the heirs, personal representatives and assigns of the
respective parties.
This Contract executed on the date first above written.
ATTEST:
CITY OF FAYETTEVILLE, ARKANSAS
PURCHASER
a %zed/
ASSISTANT MAYOR
SANG AVENUE BAPTIST•CHURCH
SELLER
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Trustee
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