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Home My WebLink AboutResolution 2004-028 purchase agreement with vickroy for marana home programMARANA RESOLUTION NO. 2004-28 RELATING TO HOUSING; AUTHORIZING THE TOWN OF MARANA TO ENTER INTO A PURCHASE AGREEMENT WITH SAMUEL H. AND GERTRUDE A. VICKROY TO PURCHASE A LOT FOR THE TOWN OF MARANA HOME PROGRAM. WHEREAS, the Town of Marana desires to engage in housing and community development activities as authorized under the Town o17 Marana HOME Program Regulations; and WHEREAS, Samuel H. and Gertrude A. Vickroy own and desire to sell real property located on Moore Road, identified as Pima County Assessor Parcel #217-50-017A; and WHEREAS, the Town of Marana desires to purchase and develop the lot for its HOME Program to be sold to Iow to moderate income citizens through the Town's First-time Homebuyers Program; and WHEREAS, the continuation o£the HOME Program would greatly benefit the citizens of the Town o£Marana and would be in the Town's best interest. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARLZONA, AS FOLLOWS: SECTION 1. The Acquisition Agreement between the Town of Marana and Samuel H. and Gertrude A. Vickroy attached and incorporated by this reference in this resolution as Exhibit A is hereby authorized and approved. SECTION 2. The Mayor is hereby authorized and directed to execute, and the Town Clerk is hereby authorized and directed to attest to, said Exhibit A for and on behalf of the Town of Marana. SECTION 3. The various Town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this resolution. PASSED, ADOPTED AND APPROVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, MayolPEIo'blSy Sutton, Jr ATTEST: ~son, Town Clerk AP~ TO FORM: '""~/~F C/c ~ a'~2~y, Town/tomey H:~FrankC\040316Council Mtg\Vickroy. doc 2 ACQUISITION AGREEMENT This Agreement is made by and between Samuel H. Vickro¥ and Gertrude A. Vickro¥ (the "Owner") and the Town of Marana, a municipal corporation (the "Town"). 1. Property and Acquisition Amount. The Owner is the owner of the property described on Exhibit "A", including all improvements located thereon (the "Property"). The Town has determined the P, ccd to acquire the Property by its power of eminent domain. In lieu of court proceedings and further to its power of eminent domain, the Town agrees to acquire the Property for Twelve thousand dollars ($12.000.00) (the "Acquisition Amount''), subject to the terms and conditions set forth below. 2. No Personal Property. The parties acknowledge that no personal property is being acquired under this Agreement and that no personal property is located on the Property being transferred. 3. Risk of Loss for Damage to Improvements. Owner shall be responsible for the risk of loss for any and all damage to the improvements prior to close of escrow. 4. Warranty Deed. The Owner shall deposit into escrow a warranty deed conveying to Town title to the Property, free and clear of all liens and encumbrances and subject only to those matters identified on Exhibit 5. No Salvage. The Owner shall not salvage or remove any fixtures, improvements, or any portion of the Property prior to closing. Escrow and Prorations. The Acquisition Amount shall be payable in full at closing. The date of closing shall be used for proration of rents, property taxes and other similar costs, and assessments due for improvement districts shall be paid in full by the Owner prior to closing. 7. Security Interest. Monies payable under this Agreement may be due holders (the "Lienholders") of certain notes secured by mortgages or deeds of trusts, up to and including the total amount of unpaid principal, interest and penalty on the notes, if any, and shall upon demand by the Lienholders, be paid to the Lienholders. Owner shall obtain from the Lienholders releases for any fee transfer for the Property. 8. Possession and Closing. Possession shall be given to the Town on date of closing. Closing shall be on or before the later of (a) 30 days after the date this Agreement is approved by the Town Council or (b) 30 days after receipt of all necessary releases from lienholders. PaQe 1 EXHIBIT A 9. Water Rights. The Owner agrees to assign and hereby transfers, effective upon closing, to Town any water rights certificated or claimed appurtenant to the Property owned by Owner. Owner shall execute documents reasonably necessary to effect such transfer. 10. Environmental Representations. Owner hereby represents and warrants that, to the best of Owner's knowledge, no pollutants, contaminants, toxic or hazardous substances, wastes or materials have been stored, used or are located on the Property or within any surface or subsurfaca waters thereof; that no underground tanks have been located on the Property; that the Property is in compliance with all Federal, state and local environmental laws, regulations and ordinances; and that no legal action of any kind has been commencad or threatened with respect to the Property. 11. Environmental Indemnification. The Town and the Owner agree that neither party is assuming any obligation of the other party relating to any potential liability, if any, arising from the environmental condition of the Property, each party remaining responsible for its obligations as set forth by law. 12. Environmental Inspection Rights. Owner shall permit Town to conduct such inspections of the Property, as the Town deems necessary to determine the environmental condition of the Property. If the investigations reveal the presence of contamination or the need to conduct environmental clean up, Owner shall conduct a clean up of the Property adequate to bring the Property into compliance prior to Closing or Town may terminate this agreement. 13. No Leases. Owner warrants that there are no oral or written leases on all or any portion of the property. 14. Broker's Commission. No broker or finder has been used and Town owes no brokerage or finder's fees related to this transaction. Owner has sole responsibility to pay all brokerage or finder's fees to any agent employed. 15. Closing Costs. Expenses incidental to transfer of title, including title reports, recording fees, escrow fees, releases and Owners Title Insurance Policy, shall be paid 100% by Town. 16. No Sale. Owner shall not sell or encumber the property before closing. 17. Conflict of Interest. This Agreement is subject to A.R.S. 38-511, which provides for cancellation of contracts by Town for certain conflicts of interest. 18. Survival of Representation and Warranties. All representations and warranties contained herein shall survive the closing for a term of ten years. 19. Entire Agreement. This signed document shall constitute the entire Agreement between the parties and no modification or amendment to this Agreement shall be binding unless in writing and signed by both parties. The performance of this Agreement constitutes the entire consideration by Town, including all just compensation and severance damages to the remainder property and shall relieve the Town of all further obligation or claims relating to the Property. SELLER: '(~wner Date: Tax # or SS # ? Owner Date: Tax ID # or SS # ,2-~'/-z-~; -~'~ BUYER: TOWN OF MARANA Michael A. Reuwsaat,'~J~ll~lll~,~wn Manager ATTEST: Jocely] ,C. Bronson, Tc;;n-Clerk ~nk (~sid~;,~n Attorney Paae 3 EXHIBITA 12545 W. Moore Road, Marana, Adzona 85653 Further identified as Pima County Assessor Parcel # 217-50-017A Legal Description: N2 OF E74' W400' S242.5' N272.25' OF NW4 NW4 .22AC SEC 33-11-11 Page 4