Loading...
2197ORDINANCE NO. ~~~ AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF APPROXIMATELY 5.25 ACRES OF REAL PROPERTY, APPROVING THE REAL ESTATE CONTRACT FOR UNIMPROVED PROPERTY, AND FOR OTHER PURPOSES. WHEREAS, Arkansas Code Annotated Section 14-58-303 authorizes the waiving of competitive bidding in exceptional situations where competitive bidding is deemed not feasible or practical; and WHEREAS, the City of West Memphis is in need of acquiring specific real property adjacent to an existing utility substation for use by the West Memphis Utility Commission; and WHEREAS, the City of West Memphis has entered into negotiations with the owner of the real property for the city to purchase said property for the purchase price of $100,000.00 and on such terms and conditions as substantially set out in the Real Estate Contract for Unimproved property attached hereto; and WHEREAS, the City Council determines that competitive bidding should be waived because such real property is unique and competitive bidding under such circumstances would not be feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS THAT: SECTION 1. Competitive bidding is hereby waived for the purchase of approximately 5.25 acres of real property for the purchase price of $100,000.00 and on the terms and conditions as set out and described in the Real Estate Contract for Unimproved property attached hereto and incorporated herein. SECTION 2. The Real Estate Contract for Unimproved property is hereby approved in substantially the form as attached hereto and the Mayor and the City Clerk are hereby authorised to execute such agreement on behalf of the City of West Memphis and any and all other documents as maybe necessary or required to complete this transaction. SECTION 3. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this ~~day of u V-~, 2008. WILLIAM H. JO SON, Mayor ATTEST: HI PARA, City Clerk SPONSORED BY: ~~ ~ ~ RECEIVED City Clerk's Office Date/Time o ~ ~~ el : ~a gy D w~c~ ~- Real Estate Contract for Unimproved property June 2, 20 08 1. The undersigned_ City of West Memphis, AR~ _ herein after called BUYER., offers to purchase, subject to the conditions set forth below, the following properi:y: Lecral Description Attached 2. 7.'he ]3uyer agrees,to pay therefore the sum of $ 100,000.00 for the above described real estate. The down payment shall be $ 0 with t;he balance subject to the'following conditions:: Cash at Closing 3. Buyer and Seller agree to the following Special Conditions, to-wit: Buyer &. Seller to pay his own closing cost_ Seller to may 3~ real estate commission to Guaranty Loan & Real Estate Co_ ~l. Seller~agrees to fiunish to Buyer '(or their assigns, as directed in writing by Buyer) title to the above property by a proper deed of conveyance, subject to any restriction, covenants, or easements and set-back lines of record, if any, which do not materially affect the value of the property. Unless expressly reserved herein, such conveyance shall include mineral rights owned by Seller. 6. Seller agrees to furnish to Buyer at the Seller's . cost a policy of title insuuance in the amount of the purchase price. If objections are made to title, Seller shall have a reasonable time to meet the objections. G. If applicable, Buyer agrees to make application for a new loan or a loan assumption within 0 days from the date of this contract. 7. Buyer hereby tenders the sum of ;~ 0 as earnest money, to be a part of the purchase price or closing costs. If Seller does not accept this contract or is unable to fulfill title requixementa this suin shall be returned. If Buyer fails to fulfill his obligations under this contract-, the earnest money shall be retained by the Seller as liquidated damages, however, this shall not prevent Seller from asserting other legal rights for breach of contract. :~:_. •, 8. Taxes due at the date of closing shall be paid, any taxes'which will be assessed by closing, but are not payable shall be pro-rated as of the closing date, based on the taxes last paid. Any ~ deposits on rental property are~to be transferred to Buyer at closing, insurance payments, interest and rental payments shall bepro-rated as of the closing date, unless otherwise specified herein. 9. Tlie closing date is estimated to be on or about ~ July 31 , 2008 IIowever, any unforeseen delays, such as arranging financing .or clearing title specifically do not void this contract. 10. Seller agrees that possession to the above property shall be given to Buyer A. X~ Upon Buyer's closing date. 13. After Buyer's closing date, but no later than days after Buyer's closing. In this event, Seller agrees to pay rent at IIuyer's closings $ per day from Buyer's closing to date possession is delivered. 11. Buyer hereby certifies that he has inspected the property "AS IS" aiid is not relying on any warranty, statements or representations of the Seller as to the conditions of the above property. 12. The risk of loss or damage to the above property by fire, wind, hail orother casualty occurring up to the date or closing shall be assumed by the Seller, after closing it shall be assumed by the Buyer. 13. Unless specifically exchided therein, all fixtures and attached equipment, if any, are included in the purchase price. 1~1. This Offer shall expire if not accepted on or before ~ 5 days from date. 1G. ~ OTHER CONDITIONS: TIIIS IS A LEGALLY BINDING CONTRACT WIIEN SIGNED B.Y BO'I'II BUYER AND SELLER. Ir NOT UNDERSTOOD SEED LEGAL ADIVCE. BUYER: ~: SELLER:: City of West Memphis Holiday Gardens Inc. This forth prepared by JAMES D. SUTTON, Attorney at Law Blanks filled in by others. ~V 'AREHOUSE Legal Description SCALE: 1 "= 40' A 5.25 acre tract of land lying in the NW 1 /4 of Section 7, T-6-N, R-9-E, City of West Memphis, Crittenden County, Arkansas, more particularly described as follows: Commencing at the northeast corner of said NW 1 /4, thence N89°43'00"W along the north line of said Section 7 and the centerline of Ten Mile Bayou Diversion Ditch a distance of 840.00 feet to the Point of Beginning, thence continue N89'43'00"W a distance of 416.82 feet to a point, thence S00'47'00"E a distance of 440.00 feet to a point, thence N89'43'00"W a distance of 162.38 feet to a point on the easterly right of way line of Glen Bailey Drive, thence along said right of way line along a curve to the right with a radius of 1,175.91 feet an arc distance of 124.69 feet a chord bearing of S46'43'23"E a distance of 124.63 feet to a point of intersection with the north right of way line of State Highway 191 Spur, thence S89'43'00"E along said north right of way line a distance of 489.63 feet to a point, thence N00'47'00"W a distance of 525.00 feet to the Point of Beginning, containing 5.25 acres more or less. ZONING I-1