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Home My WebLink About122-99 RESOLUTIONRESOLUTION NO 122-99 A RESOLUTION APPROVING AN OFFER AND ACCEPTANCE CONTRACT TO ACQUIRE PROPERTY FROM ERNESTINE CARR LOCATED AT 153 EAST MOUNTAIN, FOR THE FUTURE EXPANSION OF THE YVONNE RICHARDSON COMMUNITY CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS - Section 1 That the City Council hereby approves an Offer and Acceptance Contract to acquire property from Emestine Carr located at 153 East Mountain, for the future expansion of the Yvonne Richardson Community Center; and authorizes the Mayor and City Clerk to execute said contract. A copy of the contract is attached hereto marked Exhibit "A" and made a part hereof. PASSED AND APPROVED this I day of October , 1999. APPROVED: 1 ' By. Fred Hanna, Mayor ATTEST: By. Heather W s ' druff, City lerk r .. .' o f� / :• 7+—: r. -6 1 • • • • OFFER AND ACCEPTANCE CONTRACT EXHIBIT A 1. The City of Fayetteville, Arkansas, a municipal corporation, hereinafter referred to as the Buyer, offers to buy, subject to the terms and conditions set forth herein, the following described property from Ernestine Carr, hereinafter referred to as Seller: A part of the NW/4 of the SW/4 of Section 15, T -16-N, R -30-W, of the 5th P.M., County of Washington, State of Arkansas, and being more particularly described as follows, to wit: Beginning at a point which is 599.5 feet East and 266 feet South of the N/W Comer of the SW/4 of said Section 15; thence East 44.5 feet; thence South 99 feet; thence West 44.5 feet; thence North 99 feet to the point of beginning. 2. Purchase Price: Subject to the following conditions, the Buyer shall pay for the property at closing, the total and cash payment of $16,000. 3. Contingencies/Conditions: This offer of purchase is contingent upon approval by the City Council of the City of Fayetteville, Arkansas. If title requirements are not fulfilled or the Seller fails to fulfill any obhgations under this contract, this contract becomes null and void. If the Buyer fails to fulfill his obligations under this contract or after all conditions have been met, the Buyer fails to close this transaction, the Seller may assert legal or equitable rights which he or she may have because of breach of this contract. This offer is contingent on the condition that no tenant will occupy or have the right to occupy at the time of closing. 4. Conveyance: Conveyance will be made to the Buyer by general Warranty Deed, except it shall be subject to recorded instruments and easements, if any, which do not materially affect the value of the property. Such conveyance shall include mmeral rights owned by the Seller. 5. Abstract or Title Insurance: The Seller shall furnish a policy of title insurance in the amount of the purchase price from a title insurance company as selected by the Buyer. Buyer shall pay for the costs of the title insurance upon closmg. 6. Buyers Right To Survey Property: Seller agrees to allow Buyer to survey the property if Buyer so desires and at Buyer's expense. Seller agrees to cure any title problems which may result from any differences between the recorded Legal descriptions of the property and the survey description. Said title problems, if any, must be solved prior to closing to the satisfaction of the Buyer. 7. Prorations: Taxes and special assessments due on or before closing shall be paid by the Seller. Insurance, general taxes, ad valorem taxes, and special assessments payments shall be prorated as of closing. • • OFFER AND ACCEPTANCE CONTRACT Page 2 of 3 Closing: The closing date is designated to be October 15, 1999. If such date of closing falls on a weekend or holiday, it will be held the following working day. 9. Possession: Possession of the property shall be delivered to the Buyer on the date of closing. 10. Fixtures and Attached Equipment/Condition of Property: Unless specifically excluded herein, all fixtures, improvements and attached equipment are included in the purchase price. 11. Risk of Loss: Risk of loss or damage to the property by fire or other casualty occurring up to the time of closing is assumed by the Seller. 12. Inspections and Repairs: Buyer has inspected the property and is not relying upon any warranties, representations, or statements by Seller or Seller's agent(s) as to age or condition of improvements, other than those specified herein. 13. Contract Limits: This agreement, when executed by both the Buyer and the Seller shall contain the entire understanding and agreement of the parties with respect to the matters referred to herein and shall supersede all price or contemporaneous agreements, representations and understanding with respect to such matters, and no oral representations or statements shall be considered a part hereof. 14. Expiration: This contract expires, if not accepted on or before Septemberj8911999. 15. NOTICE: BUYER ASSERTS AND SELLER HEREBY ACKNOWLEDGES THAT THIS O}}'FLR IS EXPRESSLY CONTINGENT UPON I'HL APPROVAL OF THIS OFFER OF PURCHASE BY THE CITY OF FAYETTEVILLE CITY COUNCIL AND THAT THE FAILURE TO SO APPROVE WILL MAKE ALL PORTIONS OF THIS OFFER NULL AND VOID. OFFER AND ACCEPTANCE CONTRACT Page 3 of 3 SELLER: Date: 91/4-3 9? rnestine Carr AGENT OR WITNESS: BUYER: City of Fayetteville, Arkansas, . a municipal corporation Fre Hanna, Mayor Eri.Woo �Y•��i. aIt y., ity Clerk Date: 9—`3 '197 Date: /4 7/91 Date- lo—Z—`j (SEAL) 1 -r • n • • X Agenda Request Contract Review Grant Review For the City Council Meeting of STAFF REVIEW FORM October 5th, 1999 From: James Nicholson Community Development Name Division Admin Services Department ACTION REQUESTED: Agenda Request. Consideration of an Offer and Acceptance Contract to acquire property at 153 E Mountain for future expansion of the Yvonne Richardson Community Center. COST TO THE CITY: $16,000 Cost of this request 2180.4990.5390.24 Account Number 99003 Project Number $59,000 Project Budget $21,813 Funds used to date $37,187 Remaining Budget SE Commmunity Center Improvement Category/Project Name Public Facilities / Improv Program Name Community Development Fund BUDGET REVIEW X Budgeted Item Budg t Coordinator Budget Adjustment Attached CONTRACT/GRANT/LEASE REVIEW 9 -/s/ -g ager Date Administrative Services Director Grantor Agency: nal Auditor 0 9-/57. Date City ttorne Date \,i, " q -14-1c Purchasing Manager Date ADA Coordinator Date STAFF RECOMMENDATION: Staff requests approval of purchase ivi C O 7-1577 ion Head Date Department Director Date .. 1�- 1 I'..i S Svcs erector Date ��9/6 ayor Date FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENTAL CORRESPONDENCE To: Fayetteville City Council From: Kevin Crosson, Administrative Services Directo Date: September 13, 1999 Re: Offer and Acceptance Contract - Community Development Division The Offer and Acceptance Contract submitted for your consideration is to acquire property located at 153 East Mountain, Fayetteville. The property will be used for future expansion of the Yvonne Richardson Community Center facilities. The parcel is one lot approximately 44.5 x 99 ft and has a defunct residential building. The structure is badly damaged due to fire and will be razed. The City Council approved the purchase of an adjacent parcel, 151 E Mountain, in June of this year. This recently purchased essentially identical parcel was appraised for $16,000 by Belote & Associates, and is the basis of the offer for 153 E Mountain. BUDGET CONSIDERATIONS The expansion of the Yvonne Richardson Community Center is included in the 1999 Capital Improvements Program and Community Development Block Grant (CDBG) funds in the amount of $59,000 are allocated this year. This amount represents the costs pertaining to the purchase of available parcels and demolition & removal of the dilapidated structures. STAFF RECOMMENDATIONS A map is attached that shows the Community Center and surrounding area. Staff recommends approval of the Contract as acquisition of this property will nearly complete City ownership of the parcels adjacent to the Community Center. Only two smaller parcels remain to be acquired to complete the acquisitions needed to accommodate the expansion. Please let me know if you have additional questions. Thank you for your attention to this matter. Attachments: Offer and Acceptance Contract Map . FAYETTEVILLE THE CITY OF FAYETTEVILLE, ARKANSAS A. DEPARTMENTAL CORRESPONDENCE To: James Nicholson, Community Development From: Heather Woodruff, City Clerk Date: October 11, 1999 Attached is a copy of the resolution approving the offer and acceptance contract with Ernestine Carr for the property located at 153 East Mountain Street. The original will be microfilmed and filed with the City Clerk. cc. Yolanda Fields, Internal Auditor Ed Connell, Engineering