Sponsored By: Mayor and City Council

BILL NO. 4622 ORDINANCE NO. 2020- 4559

AN ORDINANCE AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTEA REAL ESTATE AGREEMENT WITH THE RONALD ZIEHL FOR THE PURCHASE

OF PROPERTY LOCATED AT 11601 DORSETT ROAD IN THE AMOUNT OF96, 848. 10

NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OFMARYLAND HEIGHTS AS FOLLOWS:

Section 1. The City Administrator, on behalf of the City, is authorized to execute a realestate agreement with Ronald Ziehl, attached hereto and marked" Exhibit A," related to

the purchase of property located at 11601 Dorsett Road in the amount of$ 96, 848. 10.

Section 2. This Ordinance shall be in full force and effect from and after its passage andapproval.

PASSED BY THE CITY COUNCIL THIS 19t'' DAY OF NOVEMBER 2020.

MAY R/ PRESIDING OFFICER

APPROVED BY THE MAYOR THIS r 9 DAY OF NOVEMBER 2020.

MAY 5R —

ATTEST:

CI LERK yAN D

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City of Maryland HeightsOrdinance No. 2020- 4559

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REAL ESTATE SALES CONTRACT

THIS CONTRACT is made between:

BUYER: CITY OF MARYLAND HEIGHTS

ADDRESS: 11911 DORSETT ROAD, MARYLAND HEIGHTS, MO 63043

AND

SELLER: RONALD ZIEHL

ADDRESS: PO BOX 1034, MARYLAND HEIGHTS, MO 63043

And, as approved by the City Council of the City of Maryland Heights, is effective as of the dateand time of acceptance on the signature page of this Contract.

1. PROPERTY: Buyer hereby offers and agrees to buy and Seller hereby agrees to sell the

following property, located in the County of St. Louis, State of Missouri to wit:

11601 Dorsett Road, Maryland Heights, MO 63043

Subject to buildings lines, easements, conditions, and restrictions of record if any. The term

Property" as used in this Contract means the land described above, and all improvements andappurtenances thereto.

2. SELLER' S WARRANTIES: Seller represents and warrants that,

a. They are exclusive owners of the Property and as such have the legal right, power,

and authority to enter into this Contract, and no other consents are necessary for the

execution, delivery and performance of this Contract.b. Seller agrees to remove any contents that they wish to retain.

c. As of the Closing, no work will have been performed by the Seller or will be in

progress at the property by Seller, and no materials will have been delivered to the

property on behalf of the Seller, that might provide the basis for a mechanic' s

material man or other lien against the Property or any portion thereof, unless Seller

has provided for full payment thereof or has posted with the Title Company

reasonable security therefore or unless Buyer has consented thereto in writing.

d. To the best of the Seller' s knowledge, there are no ( i) unrecorded leases or tenancies

affecting the Property, or any part thereof, ( ii) unrecorded contracts or options

pertaining to or affecting the Property, or any part thereof, ( iii) easements or claims ofeasement encumbering the Property which are not shown by the public records, ( iv)

discrepancies or conflicts in boundary lines or encroachments is affecting the

Property, or( v) environmental hazards located on, in or under the Property.

City of Maryland Heights

Ordinance No. 2020-

Exhibit A

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4559

e. Seller has no knowledge of any actions or proceedings which are pending, or

threatened to be filed, in any court or before any governmental agency respecting or

affecting the Property.

3. PURCHASE PRICE: The purchase price for the Property is $ 90,000. 00

6,848. 10 ( 2020 TAXES)

96, 848. 10

Earnest money payable within 7 days of the acceptance of this contract in the amount of

5, 000.00 shall be held in escrow by U.S. Title Company subject to their usualconditions; except that said funds shall be returned to Buyer should this contract not

close.

Payable on closing91, 848. 10

4. CLOSING COSTS: The parties agree to be responsible for the following costs, if any,

to be paid at closing, or sooner as may be requested by the Closing Agent in Section 4:

a) Buyer shall pay:

1. Title insurance premium( s);

2. Title company service charges, survey, Buyer' s attorney' s fees, Closing

Agent and/or Escrow Agent fees charged to Buyer, recording fees, other

customary closing costs, and accruals and pro- rations as otherwise

provided in this Contract.

3. Other Buyer' s costs as provided in this Contract.

b) Seller shall pay: Recording fees for lien releases, if any.

5. CLOSING: The closing of the sale shall be within ninety( 90) days or no later than

March 5`h, 2021, of approval of this contract by both parties at U. S. Title Company,2458 Old Dorsett Road, Maryland Heights, Missouri 63043 (" Closing Agent") during its

normal business hours.

6. TITLE TRANSFER: Title shall transfer at closing.

7. POSSESSION: Seller shall deliver possession of the Property to Buyer at time of

closing.

8. INDEMNIFICATION: Seller and its current and future agents, servants, employees,

heirs, successors, and insurers, hereby release, acquit, hold harmless, discharge forever,

and indemnify the City, its officers, employees, insurers and affiliates ofand from anyand all actions, causes of action, claims, demands and damages, whether or not now

known or contemplated, of whatever name or nature, in any manner arisen, arising or to

arise relating to the Property while Seller remains in possession of the Property.

City of Maryland Heights

Ordinance No. 2020-

Exhibit A

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9. CLOSING AND ADJUSTMENT CHARGES: General taxes ( based upon the

assessment and the rate for the current year or if both are not available, previous year),

subdivision assessments and flat- rate utilities, shall be prorated on the basis of a 30- day month,

day of closing to be charged to Seller. Prior year( s) General Taxes (unpaid back taxes andpenalties) against the property, if any, shall be charged to the seller and paid through US Title, on

behalf of the seller, at closing through the proceeds of the sale. Special taxes or subdivision

assessments against the Property which are due and payable prior to closing shall be charged tothe Seller.

10. TITLE AND DEED: No later than seven( 7) days following the approval of this

Contract by the City Council, Buyer may obtain a title report by the title company of its

choice. If Buyer is dissatisfied with the state of the title, Buyer may terminate this

Contract by written notice delivered to Seller no later than seven( 7) days thereafter. If

Buyer does not so terminate this Contract, Buyer agrees to accept the Property with any

title defects which may exist as of 14 days following approval of the Contract by the City

Council. At Closing, Seller shall convey title to the Property to Buyer by GeneralWarrantee Deed.

11. REMEDIES UPON DEFAULT: If any party defaults in the performance of any

obligation provided by this Contract, the party claiming a default shall notify the other

party in writing of the nature of the default, the time allotted for curing the default( if nototherwise specified in this Contact), and his election of remedy if the default is not cured

by the specific time.

12. BINDING EFFECT: This Contract shall be binding on and shall inure to the benefit of

the parties hereto, and their respective heirs, personal representatives, executors,

administrators or assigns.

13. GOVERNING LAW: This Contract shall be considered a Contract for the sale of real

property and shall be construed in accordance with the laws of the State of Missouri,

including the requirement to act in good faith.

14. WARRANTIES SURVIVE: All Sellers' WARRANTIES shall survive closing of the

sale of the Property. Warranties do not cover events which first occur after closing.

15. ENTIRE AGREEMENT: This contract constitutes the ENTIRE AGREEMENT

BETWEEN THE PARTIES HERETO AND THERE ARE NO OTHER

UNDERSTANDINGS, WRITTEN OR ORAL, RELATING TO THE SUBJECT

MATTER HEREOF, and may not be changed, modified or amended, in whole or in

part, except in writing signed by all parties.

16. ADDITIONAL CONTINGENCIES TO CONTRACT: Approval of this contract by

the City Council of the City of Maryland Heights passing an appropriate ordinance. If the

City Council does not approve this Contract by ordinance on or before the date of

Closing, this Contract will terminate and Buyer will cease to have any right to purchase

this Property under this Contract.

City of Maryland Heights

Ordinance No. 2020-

Exhibit A

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17. CONSTRUCTION: Words and phrases shall be construed as in the singular or plural

gender, and as masculine, feminine or neuter gender, according to context.

YOUR SIGNATURE BINDS YOU TO ALL OF THE TERMS OF THIS CONTRACT.

CONSULT AN ATTORNEY FOR ADVICE, EXPLANATION, MODIFICATIONS OR

ADDITIONS. FILL IN ALL BLANKS BEFORE SIGNING.

Buyer: Tracey Anderson, City Administrator, City of Maryland Heights

By: Date f Z ZUZd

By: Date

Seller: Ronald Ziehl

Date

City of Maryland Heights

Ordinance No. 2020-

Exhibit A

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