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HomeMy WebLinkAboutBPW 2019-R-2 RESOLUTION NO. 2019-R- o. BEFORE THE BOARD OF PUBLIC WORKS AND SAFETY CITY OF JEFFERSONVILLE, INDIANA A RESOLUTION APPROVING PURCHASE OF REAL ESTATE WHEREAS, the Board of Public Works and Safety ("Board") is statutorily designated as the purchasing agent for the City of Jeffersonville "City"); and WHEREAS, the City has determined the necessity to purchase real estate for purposes of a drainage project; and WHEREAS, the City has complied with all purchasing statutes including obtaining two (2) appraisals on the real estate; and NOW,THEREFORE BE IT RESOLVED by the Board of Public Works and Safety that it hereby approves the purchase of the real estate and approves the attached purchase agreement ("Exhibit A"); and IT IS FURTHER RESOLVED by the Board of Public Works and Safety that Corporation Counsel Les Merkley is hereby designated and authorized to act on behalf of the City and Board for purposes of executing any and all documents necessary for the closing on the transaction per the terms set forth in Exhibit"A". SO ADOPTED this c3?o, day of May, 2019. � I President ATTEST: iftt-L: /AL Clerk row EXHIBIT "A" PURCHASE AGREEMENT AND AMENDMENT 2 Listing Broker(Co.)BERKSHIRE HATHAWAY HOME SERVICES PIMW10602 ) By KEN GROH (81984 ) PIM(10602 Selling Broker(Co.)BERKSHIRE HATAWAY HOME SERVICES (10602 ) By KEN GROH B196uercod° r....r.....4 (61984 ) tirdividual t: t--;.v.0,0 ' e. PURCHAS AGREEMENT Office code code(UNIMPROVED PROPERTY) For use only by members of the Indiana Association of REALTORS® 2 Date: March 7,2019 3 A. BUYER: CiTY OF JEFFERSONVILLE ("Buyer) 4 agrees to buy the following property from the owner("Seller")for the consideration and subject to the following terms,provisions, 7 B. PROPERTY:The property("Property')Is known as 3601 WOEHRLE 8 in JEFFERSONVILLE Township, CLARK County, JEFFERSONVILLE 9 Indiana, 47130 (zip code)legally described as:10-21.02-101-020.000.009,MINOR PLAT OF MORTON 10 MEMORIAL SUED LOT 1 11 C. PRICE:Buyer will pay the total purchase price of($ 165,000.00 )One Hundred Sixty-Five Thousand 12 U.S.Dollars for the Property. If Buyer obtains an 13 appraisal of the Property, this Agreement Is contingent upon the Property appraising at no less than the agreed upon 14 purchase price. If appraised value is less than the agreed upon purchase price, either party may terminate this 16 Agreement or parties may mutually agree to amend the price. 17 D. EARNEST MONEY: 18 19 1. Submission: Buyer submits $ U.S. Dollars as earnest money which shall be 20 applied to the purchase price at closing. If not submitted with Purchase Agreement, earnest money shall be 21 delivered to Escrow Agent within ❑hours 0 days of acceptance of offer to purchase. 22 Unless indicated otherwise in this Agreement, the listing broker shall act as Escrow Agent and shall, after 23 acceptance of this Agreement and within two (2)banking days of receipt of the earnest money,deposit the 24 earnest money into its escrow account and hold it until time of closing the transaction or termination of this 25 Agreement. Earnest money shall be returned promptly to Buyer in the event this offer is not accepted. If Buyer 26 fails for any reason to timely submit Earnest Money In the contracted amount, Seller may terminate this 27 Agreement upon notice to Buyer prior to Escrow Agents receipt of the Earnest Money. 28 2. Disbursement: Upon notification that Buyer or Seller intends not to perform, and if Escrow Agent is the Broker, 29 then Broker holding the Earnest Money may release the Earnest Money as provided in this Agreement If no 30 provision is made in this Agreement,Broker may send to Buyer and Seiler notice of the disbursement by certified mail 31 of the Intended payee of the Earnest Money as permitted in 878 IAC 8-2-2. If neither Buyer nor Seger enters into a 32 mutual release or initiates litigation within sixty(60) days of the mailing date of the certified letter, Broker may 33 release the Earnest Money to the party identified in the certified letter.if the Escrow Agent is the Broker, Broker 34 shall be absolved from any responsibility to make payment to Seller or Buyer unless the parties enter into a 35 Mutual Release or a Court Issues an Order for payment,except as permitted in 876 IAC 8-2-2(release of earnest 36 money).Buyer and Seller agree to hold the Broker harmless from any liability, Including attorney's fees and 37 costs, for good faith disbursement of Earnest Money in accordance with this Agreement and licensing 38 regulations. 39 3. Legal Remedies/Default If this offer is accepted and Buyer falls or refuses to close the transaction, without 40 legal cause,the earnest money shall be retained by Seller for damages Seller has or wig Incur. Seller retains all 41 rights to seek other legal and equitable remedies, which may include specific performance and additional 42 monetary damages. All parties have the legal duty to use good faith and due diligence In completing the terms 43 and conditions of this Agreement.A material failure to perform any obligation under this Agreement Is a default 44 which may subject the defaulting party to liability for damages and/or other legal remedies, which, as stated 45 above,may include specific performance and monetary damages in addition to loss of Earnest Money. 47 E. METHOD OF PAYMENT:(Check appropriate paragraph number) 48 1. © CASH: The entire purchase price shall be paid in cash, U.S. Dollars, and no financing is required. Buyr to 49 provide proof of funds submitted ❑with offer E]within 30 days of acceptance.Buyer 0will(will 50 not have an appraisal. • 51 2. ❑ NEW MORTGAGE: Completion of this transaction shall be contingent upon the Buyer's ability to obtain a 52 ❑Conventional ❑Insured Conventional ❑Other: 53 first mortgage loan for % of purchase price, payable in not less than years, 54 with an original rate of interest not to exceed % per annum and not to exceed 55 points.Buyer shall pay all costs of obtaining financing,except 56 3601 WOEHRLE,JEFFERSONVILLE, 47130 (Property Address) Page 1 of 7 (Unimproved Purchase Agreement) Ikr$Idr.Fist►as HomeBerrke Pub w Copyright EAR 2019 '7Weisberg Rnbon,2308 g 10t 84.1e fhrwar8k,IN 47130 Phone;5013171648 Fax 3122881273 3601 WOEBj1B rte Grab Produced with dpFormg.by tploglx 16070 Fifteen Mk Rued.Fraser,Mldloen 48028 Ycenzlartglame • 57 Any Inspections and charges,which are required to be made and charged to Buyer or Seller by the lender, FHA, 68 VA, or mortgage insurer, shall be made and charged in accordance with their prevailing rules or regulations and 59 shall supersede any provisions of this Agreement. 60 81 3. 0 ASSUMPTION:(Attach Financing Addendum) 62 63 4. ❑CONDITIONAL SALES CONTRACT:(Attach Financing Addendum) 64 65 5. ❑OTHER METHOD OF PAYMENT:(Attach Financing Addendum) • 66 67 F. TIME FOR OBTAINING FINANCING: 88 1. Application: With days after the acceptance of this Agreement, Buyer agrees to make written application 69 for any financing necessary, to complete this transaction or for approval to assume the unpaid balance of the 70 existing mortgage and to make a diligent effort to meet the lender's requirements and to obtain financing in 71 cooperation with the Broker and Seller. Buyer authorizes lender to order appraisal immediately. 72 2. Approval: No more than days after acceptance of this Agreement shall be allowed for obtaining loan 73 approval or mortgage assumption approval. If an approval Is not obtained within the time specified above, this 74 Agreement may terminate unless an extension of time for this purpose Is mutually agreed to in writing. 76 76 G. CLOSING: 77 1.DATE: The closing of the sale (the"Closing Date") shall be on or before April 19,2019 , or 78 within days after , whichever is later or this 79 Agreement shall terminate unless an extension of time is mutually agreed to in writing.Any dosing date earlier than 80 the latest date above must be by mutual written agreement of the parties. 81 2.FEE: The settlement or dosing fee incurred in conducting the settlement charged by the dosing agent or company 82 shall be paid by❑Buyer(included in allowance,if provided)❑Seller ©Shared equally. 83 3.CONTINGENCY:This Agreement: 84 I is not contingent upon the dosing of another transaction; 85 —is contingent upon the closing of the pending transaction on Buyer's property located at 86 scheduled to close by 87 Li is contingent upon the acceptance of a Purchase Agreement on Buyer's property: 88 —Addendum to Purchase Agreement First Right Contingency. See attached Addendum. 89 Addendum to Purchase Agreement Limited Purchase Contingency Right. See attached Addendum. 90 4.GOOD FUNDS: Notwithstanding terms to the contrary, the Parties agree that as a condition to Closing, all funds 91 delivered to the dosing agent's escrow account be In such form that the dosing agent shall be able to disburse 92 in compliance with I.C.27-07-3.7 et.seq.Therefore, all funds from a single source of$10,000, U.S. Dollars,or more 93 shall be wired unconditionally to the closing agent's escrow account and all funds under$10,000, U.S. Dollars,from 94 a single source shall be good funds as so defined by statute. Buyer Is advised that the cost incurred to wire funds 95 on behalf of the buyer to the closing agent's escrow account for the closing of this transaction shall become an 96 expense to the buyer and the actual cost incurred shall appear on the dosing statement. 97 5.WIRE FRAUD.If you receive any electronic communication directing you to transfer funds or provide nonpublic 98 personal information, EVEN IF THAT ELECTRONIC COMMUNICATION APPEARS TO BE FROM BROKER OR 99 TITLE COMPANY. Do not rely on telephone numbers provided In the electronic communication. Do not 100 respond until you verify the authenticity by direct communication with Broker or Title Company. Such 101 requests may be part of a scheme to steal funds or use your ides 102 H. POSSESSION:The possession of the Property shall be delivered to Buyer Mat closing or[]within 103 days beginning the day after closing by ❑A.M.0 P.M.0 noon or ❑on or before 104 If closed.Alt crops planted upon the Property prior to , shall belong to Seller, 105 and Seller shall have access to the Property for the purpose of harvesting crops.All other crops belong to Buyer. 106 107 1.Maintenance of Property:Seller shall maintain the Property in its present condition until its possession is delivered to 108 Buyer, subject to repairs in response to any Inspection. Buyer may Inspect the Property prior to dosing to determine 109 whether Setter has complied with this paragraph. Seller shall remove al debris and personal property not Included in the sale. 110 2. Casualty Loss:Risk of loss by damage or destruction to the Property prior to the closing shall be borne by Seller, 111 including any deductible(s). In the event any damage or destruction is not fully repaired prior to dosing, Buyer, at 112 Buyer's option, may either(a)terminate this Agreement with prompt return of earnest money to buyer or(b) 113 elect to close the transaction, in which event Seller's right to all real property insurance proceeds resulting from 114 such damage or destruction shall be assigned In writing by Seller to Buyer. 116 3.Utilities/Municipal Services: Seller shall pay for all municipal services and public utility charges through the day of 118 possession. 117 118 I. SURVEY: Buyer shall receive a (check one) ❑SURVEYOR LOCATION REPORT, which Is a survey where corner 119 markers are not set;❑BOUNDARY SURVEY,which is a survey where corner markers of the Property are set prior to closing; 3601 WOEHRLE,JEFFERSONViLLE, 47130 (Property Address) Page 2 of 7 (Unimproved Purchase Agreement) COPYRIGHT IAR 2019 Produced eel zlpFoni by z:pLogbr 10070 Fifteen MAo Road,Fraser,Mkhipan 48026 yeeyiziaLepaseci 3601 WOCHR1i • 120 X WANED,no sures unless required by tender,at(Check one) ❑Buyer's expense(mduding in allowance,if provid ) 121 Setter's expense Shared equally.The survey shop(1)be received prior to dos ng and certified as of a current date,(2)be 122 reasonably satisfactory to Buyer, (3)show the location of all Improvements and easements, and (4) show the flood zone 123 designation of the Property. If Buyer waives the right to conduct a survey,the Seller,the Listing and Selling Brokers, and 124 all licensees associated with Brokers are released from any and all liability relating to any issues that could have been 125 discovered by a survey.This release shall survive the closing. 128 127 J. FLOOD AREA/OTHER: If the property is located in a flood plain, Buyer may be required to carry flood insurance at Buyer's 128 expense.Revised flood maps and changes to Federal law may substantially increase future flood Insurance premiums or require 129 insurance for formerly exempt properties. Buyer should consult with one or more flood insurance agents regarding the 130 need for flood Insurance and possible premium increases. Buyer ❑may ❑may not terminate this Agreement if the 131 Property requires flood Insurance. Buyer ❑may ❑may not terminate this Agreement if the Property is subject to 132 building or use limitations by reason of the location,which materially interfere with Buyer's Intended use of the Property. 133 134 K INSPECTIONS:(Check appropriate paragraph number) 135 Buyer has been made aware that independent inspections disclosing the condition of the property may be conducted and 136 has been afforded the opportunity to require such inspections as a condition of this Agreement. 137 138 ©1. BUYER WANES THE RIGHT TO HAVE INDEPENDENT INSPECTIONS 139 Buyer WAIVES inspections and relies upon the condition of the Property based upon Buyer's own examination 140 and releases the Seller, the Listing and Selling Brokers and all licensees associated with Brokers from any and 141 all liability relating to any defect or deficiency affecting the Property, which release shall survive the dosing. 142 Required FHANA or lender inspections are not included in this waiver. 143 144 ❑2. BUYER RESERVES THE RIGHT TO HAVE INDEPENDENT INSPECTIONS (including Lead-Based Paint) 145 Buyer reserves the right to have independent inspections in addition to any inspection required by FHA, VA, or 146 Buyer's lender(s).All inspections shall be: 147 a. At Buyer's expense(unless agreed otherwise by the parties or required by lender); 148 b. Conducted by licensed, independent inspectors or qualified Independent contractors selected by Buyer 149 within the following time periods. 150 Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's inspections. Seiler must make all 151 areas of the Property available and accessible for Buyer's inspection. 152 153 INSPECTION/RESPONSE PERIOD: 154 A. Initial Inspection Period: Buyer shall order all independent inspections after acceptance of the Purchase Agreement. 155 Buyer shall have days beginning the day following the date of acceptance of the Purchase Agreement 156 to respond to the inspection report(s)in writing to Seller(see"Buyer's Inspection Response'). 157 B. Scope of Inspection: Inspections may include but are not limited to the condition of the following systems and 158 components: heating, cooling, electrical, plumbing, roof, walls, ceilings, floors, foundation, basement, crawl space, 159 well/septic, water,wood destroying insects and organisms, lead-based paint(note:intact lead-based paint that is in 160 good condition Is not necessarily a hazard), radon, mold and other biological contaminants and/or the following: 161 162 C. Additional Inspection: If the INITIAL Inspection report reveals the presence of lead-based paint, radon, mold and 163 other biological contaminants, or any other condition that requires further examination or testing, then Buyer shall 164 notify Seller in writing and have additional days from the deadline listed above to order, receive 165 and respond in writing to all inspection reports. 166 D. Inspection Response(s)Required: If the Buyer does not comply with any Inspection/Response Period or make a written 187 objection to any problem revealed in a report within the applicable Inspection/Response Period, the Property shall be 188 deemed to be acceptable. If one party falls to respond or request In writing an extension of time to respond to the other 169 party's Independent Inspection Response,then that inspection response Is accepted. A timely request for extension is not 170 an acceptance of the inspection response,whether or not granted, A reasonable time period to respond is required to 171 prevent misuse of this acceptance provision. Factors considered in determining reasonable time periods Include,but are 172 not limited to,availability of responding party to respond,type and expense of repairs requested and need of responding 173 party to obtain additional opinions to formulate a response. 174 E. If Defect is identified:If an Inspection Report reveals a DEFECT(S)with the Property,the Buyer must: 175 1. Provide the Inspection report,or relevant parts thereof,to the Seller,and 176 2. Give the Seller the opportunity to remedy the defect(s). 177 F. Seller Response to Inspecbon Defect: If Seller is unable or unwilling to remedy the defect(s)to Buyer's reasonable 178 satisfaction before dosing (or at a time otherwise agreed to by the parties), then Buyer may terminate this Agreement 179 or waive such defect(s)and the transaction shall proceed toward dosing. 3601 WOEHRLE,JEFFERSONVILLE, 47130 (Property Address) Page 3 of 7 (Unimproved Purchase Agreement) Copyright IAR 2019 Bassurt HAI awry aoma9cnke Pub&weheaf Rrdtarf,2303 It ram 31 kfmoarah,IN 4.130 Phone:5021171043 Fac M2881275 3601 wosaruZ Ka Groh Prat/cad wfil dpFonn5 try a ctg.*10070 Man MU Road,Frasar,Michigan 48026 W LDg1X mm 180 G. DEFECT Defined: Under Indiana law, "Defect" means a condition that would have a significant adverse effect on 181 the value of the Property, that would significantly Impair the health or safety of future occupants of the property, or 182 that If not repaired, removed, or replaced would significantly shorten or adversely affect the expected normal life of 183 the premises. 184 H. Previously Disclosed Defect Buyer agrees that any property defect(s) previously disclosed by Seller, or routine 185 maintenance and minor repair hems mentioned in any report,shall not be a basis for termination of this agreement. 186 I. Inspection Release: Buyer releases and holds harmless all Brokers and their companies from any and all liability, 187 including attorneys fees and costs, arising out of or related to any inspection, inspection result, repair, disclosed 188 defect or deficiency affecting the Property, Including but not limited to lead-based paint, radon, mold and other 189 biological contaminants.This release shall survive the closing. 190 191 L. TITLE APPROVAL: Prior to closing,Buyer shall be furnished with❑a title insurance commitment for the most current 192 and comprehensive ALTA Owner's Title Insurance Policy available in the amount of the purchase price or 0 an 193 abstract of title continued to date, showing marketable title to Property In Seller's name. Seller must convey title free 194 and clear of any encumbrances and title defects, with the exception of any mortgage assumed by Buyer and any 195 restrictions or easements of record not materially interfering with Buyer's Intended use of the Property.A title company, 196 at Buyer's request, can provide information about availability of various additional title insurance coverages and 197 endorsements and the associated costs. 198 Owner's Title Insurance Premium and that portion of Title Service Fees incurred to prepare the Owner's Policy 199 (including title search and examination and commitment preparation),to be paid by ❑Buyer(included In allowance,If 200 provided)❑Seller❑Shared equally. 201 202 Lender's Title Insurance Premium and that portion of Title Service Fees Incurred to prepare the Lender's Policy 203 (including title search and examination and commitment preparation), if applicable,to be paid by ❑Buyer(Included In 204 allowance,If provided) ❑Seller ❑Shared equally []Other 205 206 207 The parties agree that Seller❑Buyer will select a title Insurance company to Issue a title Insurance policy and will 208 order the commitment immediately or ❑other. 209 210 211 Pursuant to Federal and State law,Seller cannot make Seller's selection of a title insurance provider a condition of this Agreement. 212 213 Seiler agrees to pay the cost of obtaining all other documents necessary to perfect title (including the cost of the deed 214 and vendor's affidavit),so that marketable title can be conveyed. 215 216 M. TAXES:(Check appropriate paragraph number) 217 ❑1. Buyer will assume and pay all taxes on the Property beginning with the taxes due and payable on 218 and all taxes due thereafter.At or before closing,Seller shall pay ail taxes for the Property payable 219 before that date. 220 221 ❑X 2. All taxes that have accrued for any prior calendar year that remain unpaid shall be paid by Seller either to the 222 County Treasurer and/or the Buyer in the form of a credit at dosing.All taxes that have accrued for the current 223 calendar year shall be prorated on a calendar-year basis as of the day immediately prior to the Closing Date. 224 225 For purposes of paragraph 1 and 2: For the purpose of determining the credit amount for accrued but unpaid taxes, 226 taxes shall be assumed to be the same as the most recent year when taxes were billed based upon certified tax rates. 227 This shall be a final settlement. 228 229 N. PRORATIONS AND SPECIAL ASSESSMENTS:Insurance,if assigned to Buyer, interest on any debt assumed or taken 230 subject to, any rents, all other income and ordinary operating expenses of the Property, including but not limited to, 231 public utility charges,shall be prorated as of the day Immediately prior to the Closing Date. Seller shall pay any special 232 assessments applicable to the Property for municipal improvements previously made to benefit the Property. Seller 233 warrants that Seller has no knowledge of any planned improvements which may result in assessments and that no 234 governmental or private agency has served notice requiring repairs, alterations or corrections of any existing conditions. 235 Public or municipal improvements which are not completed as of the date above but which will result in a lien or charge 236 shall be paid by Buyer. Buyer will assume and pay all special assessments for municipal improvements completed after 237 the date of this Agreement. 238 239 0. TIME:Time is of the essence.Time periods specified in this Agreement and any subsequent Addenda to the Purchase 240 Agreement are calendar days and shall expire at 11:59 PM of the date stated unless the parties agree in writing to a 241 different date and/or time. 242 3601 WOEHRLE,JEFFERSONVILLE, 47130 (Property Address) Page 4 of 7 (Unimproved Purchase Agreement) Roared wkh zfpFortne by zplogtx 18070 Copyright?Raen 0Road, Midagan 48026 wwwsipt,ophcoam 1501 WOIRRIE 243 Note:Seller and Buyer have the right to withdraw any offer/counter offer prior to written acceptance and delivery 244 of such offer/counter offer. 245 248 P. COMMUNITY ASSOCIATION("Association"):Documents for a mandatory membership association shall be delivered by 247 the Seller to Buyer within days after acceptance of this Agreement, but not later than 10 clays prior to closing 248 pursuant to I.C. 32-21-5-8.5. Brokers are not responsible for obtaining, verifying or interpreting this Information. The 249 parties agree that Brokers and their companies shall be released and held harmless from any and all liability arising out 250 of or related to these documents. 251 252 If the Buyer does not make a written response to the documents within days after receipt,the documents shall be 253 deemed acceptable. In the event the Buyer does not accept the provisions in the documents and the provisions cannot 254 be waived, this Agreement may be terminated by the Buyer and the earnest money deposit shall be refunded to Buyer 255 promptly.Any approval of sale required by the Association shall be obtained by the Seller, In writing,within days 256 after Buyer's approval of the documents. Fees charged by the"Association", or its management company,for purposes 257 of verification of good standing and/or transfer of ownership shall be shared equally by Buyer and Seller. Start-up or one 258 time reserve fees,if any,shall be paid by Buyer. 259 260 Buyer acknowledges that In every neighborhood there are conditions which others may find objectionable. 261 Buyer shall therefore be responsible to become fully acquainted with neighborhood and other off-site conditions 262 that could affect the Property. 263 264 Q. PROTECTIVE RESTRICTIONS,COVENANTS,LIMITATIONS RECORDED PLATS AND EASEMENTS:lithe Property is 265 subject to and affected by certain recorded protective restrictions, covenants, limitations and easements ("Covenants"), 266 Seller shall furnish to Buyer a copy of the Covenants by the time evidence of title is provided. If the Property is in a recorded 267 subdivision,then Seger shall furnish to Buyer a copy of the recorded plat,amendments and replats. 268 289 R. ATTORNEY'S FEES: Any party to this Agreement who Is the prevailing party In any legal or equitable proceeding 270 against any other party brought under or with relation to the Agreement or transaction shall be additionally entitled to 271 recover court costs and reasonable attomey's fees from the non-prevailing party. 272 273 S. ENVIRONMENTAL REPRESENTATIONS OF SELLER. To Seller's best knowledge, based on an inquiry of those 274 persons 275 directly responsible for gathering the information,there does not currently exist any actual or potential contamination of the 276 soil,subsoil,ground water,or any other portion of the Property by any hazardous or toxic substance or their constituents,or any 277 underground tanks on the Property other than for the use of motor fuel or heating oil for use and consumption of Seller on 278 the premises,and no environmental filings have been made concerning the Property with any governmental agency. 279 280 To Seller's best knowledge, based on an inquiry of those persons directly responsible for gathering information, Seger has 281 complied at all times with all applicable federal, state and local environmental laws and regulations, including without 282 limitation, the Indiana Responsible Property Transfer Law, as amended, the Comprehensive Environmental Response, 283 Compensation and Liability Act, as amended, the Resource Conservation and Recovery Act, as amended, the Toxic 284 Substance Control Act, Superfund Amendments and Reauthorization Act of 1986, any of the regulations under them,and 285 any other federal statute and any state statute or municipal ordinance creating liability for the treatment,storage,disposal, 286 arranging, or the existence on the Property of any hazardous or toxic substance, induding their constituents. If required, E 287 Seller shall timely furnish to Buyer an environmental disclosure statement complying with the Indiana Responsible Property 288 Transfer Law. 289 290 T. MISCELLANEOUS: 291 1. Unless otherwise provided, any prorations for rent, taxes, insurance, damage deposits, association 292 dues/assessments,or any other items shall be computed as of the day immediately prior to the Closing Date. 293 294 2. Underground mining has occurred in Indiana, and Buyers are advised of the availability of subsidence insurance. 295 Broker Is not responsible for providing or verifying this information. 298 297 3. The Indiana State Police has created a registry of known meth contaminated properties which can be found at 298 www.in.gov/meth.Click on"Clan Lab Addresses." Broker is not responsible for providing or verifying this information. 299 300 4. The Indiana Sheriffs Sex Offender Registry exists(www.indianasheriffs.onq)to inform the public about the identity, 301 location and appearance of sex offenders residing within Indiana. Broker is not responsible for providing or 302 verifying this information. 3601 WOEHRLE,JEFFERSONVILLE, 47130 (Property Address) Page 6 of 7 (Unimproved Purchase Agreement) • Copyright IAR 2019 Pr,t,ced we,bpForrrn5 by�plogtx 18070 Man Mde Ram Fraser,Michigan 49326 ISWAii2L2RIBRal 3601 WO/CARIB 303 5. Conveyance of this Property shall be by general Warranty Deed, or by 304 305 taxes;easements, restrictive covenants and encumbrances of record,unless otherwise agreed. subject to 308 307 6. If it is determined Seller is a"foreign person"subject to the Foreign investment in Real Property Tax Act,Seller 308 will pay applicable tax obligation. 309 310 7. Arty notice required or permitted to be delivered,shall be deemed received when personally delivered,transmitted 311 electronically or digitally or sent by express courier or United States mall, postage prepaid, certified and return 312 receipt requested,addressed to Seller or Buyer or the designated agent of either party. 313 314 8. This Agreement shall be construed under and In accordance with the laws of the State of Indiana and is binding 315 upon the parties'respective heirs,executors,administrators,legal representatives,successors,and assigns. 316 317 9. In case any provision contained in this Agreement is held invalid, illegal, or unenforceable in any respect, the 318 invalidity,Illegality,or unenforceability shall not affect any other provision of this Agreement 319 320 10. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior 321 understandings or written or oral agreements between the parties' respecting the transaction and cannot be 322 changed except by their written consent 323 324 11. All rights,duties and obligations of the parties shall survive the passing of title to,or Property. 325 326 12. Broker(s) may refer Buyer or Seller to other professionals, service providers or product vendors, including 327 lenders,loan brokers,title Insurers, escrow companies, inspectors, pest control companies, contractors and home 328 warranty companies.Broker(s) does not guarantee the performance of any service provider. Buyer and Seller are 329 free to select providers other than those referred or recommended to them by Broker(s). The parties agree that 330 Brokers and their companies shall be released and held harmless in the event of claims disputes with any service 331 provider. 332 333 13. By signing below,the parties to this transaction acknowledge: 1) receipt of a copy of this Agreement; and 2) 334 information regarding this transaction may be published In a listing service,Internet or other advertising media. 335 336 14. Any amounts payable by one party to the other, or by one party on behalf of the other party,shall not be owed 337 until this transaction is dosed. 338 339 15. Buyer and Seller consent to receive communications from Broker(s)via telephone,U.S.mail,email,text message and 340 facsimile at the numbers/addresses provided to Broker(s) unless Buyer and Seiler notify Broker(s)in writing to the 341 contrary. 342 343 16. Buyer discloses to Seller that Buyer holds Indiana Real Estate License# 344 345 17. Where the word"Broker"appears,it shall mean"Licensee"as provided in I.C.25-34.1-10-6.8. 346 347 U. FURTHER CONDITIONS AND ZONING REQUIREMENTS(List and attach any addenda): 1)CONTINGENT UPON 348 PURCHASE APPROVAL OF THE JEFFERSONVILLE CITY COUNCIL 2)CONTINGENT UPON THE CITY'S 2 349 APPRAISALS REACHING AT LEAST$165000(PURCHASE PRICE) 350 351 352 353 354 355 356 V. ACKNOWLEDGEMENTS:This D Is❑is not a limited agency transaction.Buyer and Seller acknowledge that each has received agency office policy disclosures,has had agency explained and now confirms all agency relationships. Buyer and Seiler further acknowledge that they understand and accept agency relationships involved in this transaction. By signature below,the parties verify that they understand and approve this Purchase Agreement and acknowledge receipt of a signed copy. 3601 WOEHRLE,JEFFERSONViLLE, 47130 (Property Address) Page 6 of 7 (Unimproved Purchase Agreement) Copyright fAR 2019 Ptodgad wtth tpForma by 4&o8tr 18070 Fdleen Mha Road.Fraser,Michigan 48026 3053112Lauggl 3601 WOEHR111 357 W. CONSULT YOUR ADVISORS:Buyer and Seller acknowledge they have been advised that,prior to signing this document,they 358 may seek the advice of an attorney for the legal or tax consequences of this document and the transaction to which It 359 relates. In any real estate transaction, it Is recommended that you consult with a professional, such as a civil engineer, 360 environmental engineer,or other person,with experience In evaluating the condition of the Property. 381 362 X. EXPIRATION OF OFFER:Unless accepted in writing by Seller and delivered to Buyer by D A.M. 363 0P.M.E]Noon on March 14,2019 , this Purchase Agreement shall be null 384 and void and all parties shall be relieved and released of any and all liability or obligations. 365 366 This Agreement/contract together with any and all subsequent forms, amendments and addenda may be executed 387 simultaneously or in two or more counterparts, each of which shall be deemed an original but all of which together shall 368 constitute one and the same instrument.The parties agree that this Agreement,together with any and all subsequent forms, 369 amendments and addenda may be transmitted between them electronically or digitally.The parties intend that electronically 370 or •r: .fly transmitted signatures constitute original signatures and are binding on the parties.The original documents shall 371 •it y delivered,if requested. • 373 / 3 � ( 1 374 BUYER GNA - DATE BUYER'S SIGNATURE DATE 376 376 CITY OF JEFFERSONVILLE 377 PRINTED PRINTED 378 379 SELLER'S RESPONSE:(Check appropriate paragraph): 380 381 On ,at [IAA.❑P.M.ID Noon 382 383 ❑I. The above offer is Accepted. 384 385 ❑2. The above offer is Rejected. 386 387 ❑3. The above offer is Countered.See Counter Offer.Seller should sign both the Purchase Agreement and the 388 Counter Offer. 389 390 391 SELLER'S SIGNATURE DATE SELLER'S SIGNATURE DATE 392 393 394 PRINTED PRINTED Ie Prepared and provided as a member service by the Indiana Association of REALTORS®,Inc.(IAR). This form Is A a restricted to use by members of IAR. This Is a legally binding contract,if not understood seek legal advice. Form#34. Copyright IAR 2019 MAL MIMI.41- 3601 WOEHRLE,JEFFERSONVILLE, 47130 (Property Address) Page 7 of 7 (Unimproved Purchase Agreement) Copyright IAR 2019 Produced with rip Faint by zpLoyx 18070 Men lupe Road.Fraser.Miahtpart 48026 yortudanstbL2201 3601 wocatue DocuSign Envelope ID:6643A901-19E4-4A3A-B72F-32E9D69E0CEB Pmadd er a.o.an.lam 4 a4 INDtANA t01 ASSOCIATIONREALTORS', of AMENDMENT# 2 TO LISTING CONTRACT L For use only by members of the Indiana Association of REALTORS® 1 Date:April 18,2019 2 This Amendment is attached to and made part of Listing Contract dated November 2 3 2018 , between Sherry Wathen/Ken Groh-Berkshire Hathaway Home Services , (Broker/Company), 4 and Truong Hoa , (Seller), 5 on property known as 3601 Woehrle Rd(New Albany-chas.Rd) 6 ,Jeffersonville , Indiana, Zip 47130 , which is legally described as: 7 Minor Plat of Morton Memorial Subd Lot 1 8 (the"Property"). 9 The Listing Contract is amended as follows:(check appropriate paragraph letter) 10 ❑A. Listing Price is changed from$ U.S.Dollars to$ U.S. Dollars. 11 ❑B. Listing Contract is extended from 11:59 of the day of 12 ,to 11:59 p.m.of the dayof 13 ❑C. Effective date of Listing Contract is changed to 14 and expiration date is changed to 15 ❑D. Additional financing methods offered: 16 17 ❑X E. Other changes in the Listing Contract. Closing date will be on or before May 10,2019 18 19 20 21 22 23 All other terms and conditions of the Listing Contract remain unchanged. 24 ellow,the parties acknowledge receipt of a signed cgpy is mendment. 25 �""7 RB15000131 4/18/2019 16:03 A 26 - IN LICENSE# SELLER'S SIGNATURE DATE Doon8 n d by: 27 Ei ....� Truong Hoa 28PRINTED 05E02152952843E_ 29 Sherry Wathen/Ken Groh-Berkshire Hathaway Home Services 30 BROKER OR COMPANY NAME IN LICENSE# SELLER'S SIGNATURE DATE 31 32 PRINTED 33 at,kAIA _rl k 4 ig 34 AC EPTED BY: ANAGING BROKER DATE MLS# Da"'c"'dbr 4/18/2019 I 7:29 AM PDT (,t.S A'tattil BCF7FCIC10D04DS... Les Merkley Prepared and provided as a member service by the Indiana Association of REALTORS®,Inc.(JAR). This form is A 1. restricted to use by members of IAR. This is a legally binding contract,if not understood seek legal advice. Form#13B. Copyright tAR 2019 Berkshire Hatb..y Home Serra,3126 Paoli Pike Floyd,Knobs IN 47119 Phoile:(502)930.9933 Fax 3601 Worhrle Rd. Sherry Washers Produced with pForrnS by zpLob 15070 Moen M8a Road,Fraser.Michigan 48025 2 FLoo com