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HomeMy WebLinkAboutOrdinance No. 2937-2017Suggested by: Administration CITY OF KENAI NO. 2937 -2017 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $59,000 IN THE AIRPORT FUND FOR THE PURCHASE OF APPROXIMATELY 80 ACRES OF REAL PROPERTY DESCRIBED AS SW 1 /4 EXCEPTING THEREFROM THOSE PORTIONS AS PER W/D 51 @ 152 AND AS PER SUPERIOR COURT ORDER UNDER CASE NO 3KN -86 -1406, CI, SECTION 29, T6N, R11W, TO BE RETAINED BY THE CITY FOR PUBLIC USE AND RESERVED FOR AIRPORT PURPOSES. WHEREAS, the total purchase price for the subject approximately 80 -acre parcel is $58,000, plus estimated closing cost of $1,000, and which is less than appraised value as determined by a qualified appraiser pursuant to Kenai Municipal Code Section 21.10.190 — Acquisition of Real Property; and, WHEREAS, the purchase would provide the City's Airport additional property reserved for airport purposes; and, WHEREAS, it is in the best interest of the Airport to purchase the above described property to be retained by the City and reserved for Airport purposes; and, WHEREAS, Airport Fund Balance is sufficient and available to accommodate the purchase at this time. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, that: Section 1. Form: That this is a non -code ordinance. Section 2. That the Kenai City Council hereby authorizes the City Manager to purchase the real property known as SW '/< Excepting therefrom those portions as per W/D 51 @152 and as per Superior Court Order under Case No 3KN -86 -1406, CI, Section 29, T6N, R1 1W for the total purchase price of $58,000, plus $1,000 of estimated closing costs, on a form approved by the City Attorney, to be retained by the City for public use and reserved for Airport purposes. Section 3. That the Kenai City Council further finds the acquisition of the subject parcel to be in the best interests of the citizens of the City of Kenai and that the public interest shall be served by its acquisition for the total purchase price of $58,000 plus applicable closing costs, in accordance with the recitals above which are incorporated herein. New Text Underlined; DELETED TEXT BRACKETED] Ordinance No. 29XX -2017 Page 2 of 2 Section 4. That estimated revenues and appropriations be increased as follows: Airport Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $59.000 Increase Appropriations: Other Buildings & Areas - Land $59.000 Section 5. Severability: That if any part or provision of this ordinance or application thereof to any person or circumstances is adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in all controversy in which this judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this title or application thereof to other persons or circumstances. The City Council hereby declares that it would have enacted the remainder of this ordinance even without such part, provision, or application. Section 6. Effective Date: That pursuant to KMC 1.15.070(1), this ordinance shall take effect 30 days after adoption. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of January, 2017. Clerk Approved by Finance: BRIAN GABRIEL, SR, MAYOR Introduced: January 4, 2017 Enacted: January 18, 2017 Effective: February 17, 2017 New Text Underlined; [DELETED TEXT BRACKETED] "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 boftd Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 I I II I 1992 MEMORANDUM: TO: Rick Koch, City Manager FROM: Matthew Kelley, City Planner IV— DATE: December 23, 2016 SUBJECT: Ordinance No 2937 - 2017 Purchase of Real Property from Beatty Myrna Rocha The purpose of this communication is to provide additional information in support of Ordinance No. 2937 – 2017. The proposed Ordinance, would appropriate funding, authorize the purchase of, and retain for a public purpose real property described as SW '/< Excepting therefrom those portions as per W/D 51 @152 and as per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R11 W, consisting of approximately 80- acres. Funding will be provided by an appropriation of Airport fund balance in the amount of $59,000 which is available and unappropriated at this time. The subject parcel is located on the east end of Redoubt Avenue, adjacent to the northwest boundary of the Kenai Municipal Airport. The subject parcel contains no developed access and is predominately drainage and wetlands. In the past the City has purchased properties through which natural drainages are located to protect environmentally sensitive area. Future development of the Kenai Municipal Airport in the specific area of the float plane basin would locate airport improvements near the existing Airport property boundary in this area. Purchase of the subject property would provide additional property for airport purposes. The agreed upon purchase price is $58,000 plus closing costs which is less than appraised value. The value of the subject parcel has been verified by a qualified appraiser to be $64,000. Attached, please find an aerial photograph identifying the subject property. Thank you for your consideration. KPB Parcel No: 04101013 Owner: Beatty Myrna Rocha Acreage: 80 acres Zoning: Airport Light Industrial IM 500 1,000 KEiui `9auis�a u 2,000 � Feet REDOUBT REALTY BUYER'S MOVE -IN COST ESTIMATE Buyers , Date_. & J �U Selling Price $_fib DGb. Legal es a1-j, CASH DOWN PAYMENT .......... $ ESTIMATED CLOSING COSTS- "�n�n�- ' Credit Report ............................. $ Recording Fees ............................. $ �D• — Document Prep Fee ...................... $ Tax Proration ............................ Assumption and/or and/or Transfer Fee ....... $ Escrow Closing Fee .......................... $ Setup Escrow Collection Fee ...........$ Annual Escrow Collection Fee ......... $ Sales Tax ............ $ TOTAL EST TED CLOSING. COSTS .................. - EARNEST MONEY ON DEPOSIT ..... . ................... FUNDS NEEDED AT CLOSING $ ----- MONTHLY PAYMENT ESTIMATE Amount of loan $ Number of years .......................... Interest Rate ................ .............. TOTAL ESTIMATED MONTHY PAYMENT, ........ $ - AGENT BUYER BUYER THE ABOVE FIGURES ARE AN ESTIMATE ONLY Licensee Relationships: The Seller and Buyer acknowledge the following: a) Listing Lioenses(s) O Is representing the Seller only (may assist the Buyer); or M is assisting both the Buyer and Seller as a Neutral Licensee; or 0 is assisting the Seller without representation under separate written agreement. b) Selling Licensee(s) O is representing the Buyer only (may assist the Seller); or W is assisting both the Buyer and Seller as a Neutral Licensee; or 0 is representing the Seller only (may assist the Buyer); or 0 is assisting the Buyer without representa- tion under separate written agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1) Buyer(s), City of Kenai , hereby deposit(s) earnest money of Zero Dollars evidenced by: 0 Cash M Personal Check 0 Cashier's Check (3 Note, Due on 0 Or , (date) shall be held in trust by M Listing Broker 0 Selling Broker 0 Other as eamest money on and part payment for the purchase of real property and improvements situated in Kenai (city or area) 99611 (zip), in the Kenai Recording District, State of Alaska, described as: 80 Acres off Float Plane Road Kenai, AK 99611 rnn�p.�r Purchase Price: -!. r. , rr ia.QOO.()O Dollars Down Payment (including earnest money shown above) 2) Terms: Check one below: ........ $ or % a) ® All Cash Offer: No loan is needed to purchase the Property; Buyer shall provide Seller written third -party documentation verifying sufficient funds to close no later than (date) (time). b) 0 New Financing: Closing is contingent upon Buyer obtaining financing as follows: Lender: i) Buyer agrees to pay all fees and satisfy all conditions, in a timely manner, required by the Lender for pro- cessing of loan application. Brokers and Licensees have made no representations as to availability of any loans or interest rates. Buyer agrees that the interest rate offered by Lender is not a contingency of this Pur- chase Agreement, so long as Buyer qualifies for the financing herein agreed. ii) Buyer to obtain loan commitment from Lender not later than (date). iii) If Buyer fails to provide notice of Inability M obtain loan commitment by such date and does not close, through no fault of the Seller, Buyer shall be In default. iv) If Buyer is unable to obtain loan commitment from Lender by such date, through no fault of Buyer, Buyer to provide written notice to Seller and this Purchase Agreement shall terminate automatically. Form 70117. Originated 09/06. Revised 07/15 0 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 1 of 6 Buyers) Initials Sellerts) Inkfais Land Purchase and Sale Agreement This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. �L.nSK MLS Dated 12/1612016 Brokerage Names AK MLS ID # Brokerage Ph MLS# 15 Listing Brokerage: Redoubt Really 3035 -18227 Selling Brokerage: Realty (907) 262 -8855 _Redoubt 3035 (907) 262-8855 Licensee Names License # Direct Ph Cell Ph Email Address Listing 1: _Edward Oberts 16957 907- 262-8855 26 (907) 393.6039 EdARedoubtReally com Listing 2: Vicki K Harsha 18985 907- 262 -885527 (907) 617.2040 yicl(I RedoubtReal(y com Selling 1: Vicki K Harsha 18985 907- 262 -865527 La07) 6n -zoao Vicki RedoubtRealty com Selling 2: Edward Oberts 16957 9o7- 262 -8855 26 (907) 898 -6039 FQdjgVRedoubtReally com Licensee Relationships: The Seller and Buyer acknowledge the following: a) Listing Lioenses(s) O Is representing the Seller only (may assist the Buyer); or M is assisting both the Buyer and Seller as a Neutral Licensee; or 0 is assisting the Seller without representation under separate written agreement. b) Selling Licensee(s) O is representing the Buyer only (may assist the Seller); or W is assisting both the Buyer and Seller as a Neutral Licensee; or 0 is representing the Seller only (may assist the Buyer); or 0 is assisting the Buyer without representa- tion under separate written agreement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 1) Buyer(s), City of Kenai , hereby deposit(s) earnest money of Zero Dollars evidenced by: 0 Cash M Personal Check 0 Cashier's Check (3 Note, Due on 0 Or , (date) shall be held in trust by M Listing Broker 0 Selling Broker 0 Other as eamest money on and part payment for the purchase of real property and improvements situated in Kenai (city or area) 99611 (zip), in the Kenai Recording District, State of Alaska, described as: 80 Acres off Float Plane Road Kenai, AK 99611 rnn�p.�r Purchase Price: -!. r. , rr ia.QOO.()O Dollars Down Payment (including earnest money shown above) 2) Terms: Check one below: ........ $ or % a) ® All Cash Offer: No loan is needed to purchase the Property; Buyer shall provide Seller written third -party documentation verifying sufficient funds to close no later than (date) (time). b) 0 New Financing: Closing is contingent upon Buyer obtaining financing as follows: Lender: i) Buyer agrees to pay all fees and satisfy all conditions, in a timely manner, required by the Lender for pro- cessing of loan application. Brokers and Licensees have made no representations as to availability of any loans or interest rates. Buyer agrees that the interest rate offered by Lender is not a contingency of this Pur- chase Agreement, so long as Buyer qualifies for the financing herein agreed. ii) Buyer to obtain loan commitment from Lender not later than (date). iii) If Buyer fails to provide notice of Inability M obtain loan commitment by such date and does not close, through no fault of the Seller, Buyer shall be In default. iv) If Buyer is unable to obtain loan commitment from Lender by such date, through no fault of Buyer, Buyer to provide written notice to Seller and this Purchase Agreement shall terminate automatically. Form 70117. Originated 09/06. Revised 07/15 0 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 1 of 6 Buyers) Initials Sellerts) Inkfais 1 2 3 4 5 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Land Purchase and Sale Agreement Regarding Property Described As: Address: 80 Acres off Float Plane Road Kenai AK 99611 Legal (the Property), T 6N R 11 W SEC 4B SewerE A1BrIElen xN SWtl4 ExCEPTMG TMEREFRON THOSE PORTIONS AS PERWIO 51 154 This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Mubtple Listing Service ,Inc. c) ❑ Seller Financing I) $ payable at $ , or more, per month including _ % interest per annum for years, which shall include (check if applicable): ❑ a "Due on Sale" clause, and /or O a "Right to Sue Under the Note" clause. ii) Buyer shall provide Seller with Credit Report or other documentation, as required by Seller, verifying Buyer's ability to purchase according to the price, terms and conditions of the Purchase Agreement by , (date). iii) Seller Financing is contingent upon the Seller's approval of the documentation from Paragraph 2c(ii) on or be- fore , (date). In the event Buyer fails to obtain Seller's approval, this Purchase Agree- ment shall automatically terminate. 3) Costs: If applicable, the costs shall be paid by Buyer (B) or Seller (S) as indicated below. Costs payable by both Buyer and Seller to be shared equally, Buyer to pay for any fees due to requirements of the lender not covered below. ITEM R e 1TRrr Creep Report Escrow Ckrsln -Fee Resale Certineate I Public Offer Statement u ITEM Aaaescmenffi Levied B S ralaal I X Bank Set-UP Fee Aaaesameme Pendi Arty Document Pre Fee Annual Escrow Fee Solis Test DEClIAOA Recording Fee 2XL Tax Service Fee Comer Survey rowel Fees Sales Tax AseumarTransfer Fee Loan Origination Fee Flood Certlfication Broke a Fee HOA Fees Owner Title Insurance Buyer Acknowledges receiving copies of the following: O CCR's W Plat l7 Property Disclosure HOA Dues are: $ 4) Funds At Closing: Seller and Buyer agree before recording can take place, funds provided to the Closing Agent shall be in the following forth: cash; interbank electronic transfer; money order; a certified check or cashier's check drawn on a financial institution located in the state; or any above combination that permits the Closing Agent to convert the depos- it to cash not later than the next business day (AS 34.80.040). 5) Recording /Possession: This sale shall be recorded on 0112012017 , (date) or earlier by mutual agree- ment. Prior to recording, Buyer and Seller agree to sign all reasonably necessary closing documents and to perform the reasonable conditions required by the Closing Agent and Buyer's Lender, 6) Proration: Property taxes, interest on loans being assumed, prepaid rents, and HOA fees, if applicable, shall be pro- rated as of the date of recording. 7) Title/Survey: a) The Seller shall convey title by statutory warranty deed or b) Unless otherwise provided herein, this transaction is subject to Buyer's review and approval of a preliminary title re- port and copies of the exceptions it discloses showing the condition of title to the Property. Upon execution of this Purchase Agreement by all parties, Seller will, at ® Seller's O Buyers sole expense, promptly order the report and exceptions from Stewart Title (Title Company) and furnish them to Buyer. Upon receipt of the report and exceptions, Buyer shall have 5 business days (five (5) if not filled in) within which to notify Seller, in writing, of any matters disclosed in the report which are unacceptable to Buyer. Buyer's failure to timely object, in writing, to any matters disclosed in the report shall constitute acceptance of the report. If, within 5 business days (five (5) if not filled in) following receipt of the objections, Seller fails to remove or cor- rect the matters identified in the objections, or does not give written assurances reasonably satisfactory to Buyer that they will be removed or corrected prior to the closing date this transaction shall automatically terminate. After closing, Buyer shall receive an owner's standard form policy of title insurance insuring marketable title in the Prop- erty to Buyer in the amount of the purchase price, free and clear of the objections and all other fitle exceptions agreed to be removed as part of this transaction. Form 70117. Originated 09106. Revised 07/15 ©2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 2 of 6 Buyers) Initials selier(s) initials Land Purchase and Sale Agreement Regarding Property Described As: Address: 60 Acres off Float Plane Road Kenai, AK 99611 Legal (the Property): TON R11W SEC Se MMSTWi2OxNSW A EXCEFnNGTNEREFRWTROSEPORTIONS AS PE11WN51 a 152 This form authorized for use ONLY by active Real Estate Licensee Sub 1 scribers of Alaska Multiple Listing Service, Inc. 2 8) Documents Required By Law: 3 a) Buyer ® has O has not received a copy of the Alaska Real Estate Commission Consumer Disclosure. 4 b) In the event a Resale Certificate or a Public Offering Statement is required by law for the transfer of this Proper - 5 ty, it is hereby agreed that the time for the Buyer to review these documents begins at the date and time that the 6 Buyer acknowledges in writing the receipt of these documents. 7 8 9) Lot Size: Any dimensions, square footage or acreage of the Property set forth in this Agreement are estimates, and 9 may or may not be accurate. If lot dimensions or lot size is important to the Buyer, Buyer should independently deter - 10 mine such information. 11 12 10) Utilities: Buyer is hereby made aware that there may be cost incurred to connect utilities to subject property. No rep - 13 resentation as to the availability or cost for actual utility services is made by Seller or Licensee or Broker. 14 15 11) Property Condition: 16 a) Until the date of possession or recording, whichever is earlier, Seller agrees to maintain the Property in its current 17 condition, subject to ordinary wear and tear. 18 b) Buyer and Seller understand that Brokers and /or Licensees are not experts in the areas noted in Paragraph 11)e) 19 and Buyer and Seller should rely solely on experts who are qualified in these areas. Brokers and /or their Licensees 20 make no representations regarding the Property. 21 c) Buyer shall have the right, at Buyers expense, to have a licensed contractor(s) or other qualified Professional(s) to 22 further inspect and investigate the subject Property on or before 01/18/2017 , (date) 5:00 a.m. pry_ 23 P.M. (time). Buyer may terminate this Agreement and receive a return of the Earnest Money If Buyer notifies Seller 24 or Listing Broker in writing before the end of the inspection period that Buyer is not satisfied with Buyers inspection 25 or investigation. If Buyer does not so notify Seller or Listing Broker of Buyers termination of this Agreement before 26 the end of the inspection period, Buyer shall be deemed to have waived this contingency. 27 d) Seller shall make the premises available for all inspections. Buyer shall defend, indemnify and hold Seller, Brokers 28 and Licensees harmless from all liability or property damage including any liens, claims, damages or costs or per - 29 sonal injury arising from the Property inspections. This indemnity includes Sellers right to recover all costs and ex- 30 penses incurred by Seller to enforce this subsection, including Seller's reasonable attorney fees. This provision 31 shall survive the termination of this Purchase Agreement. 32 e) Buyer's inspection may include, but is not limited to: square footage, school boundaries, zoning, avalanche haz- 33 ards, pests, structural, well (quantity/quality), sails, drainage, code compliances or possible environmental hazards, 34 waste disposal sites, underground tanks, water contamination and/or other substances /products, etc. 35 f) Except as otherwise specifically provided in this Agreement, Buyer accepts the Property AS IS, in its present condi- 36 lion, with all faults, latent or otherwise. 37 g) Buyer shall, following any soil tests or other invasive examination, restore the property to its former cwnditon. All 38 holes shall be filled, and any debris shall be removed. 39 40 12) Termination: In the event this Purchase Agreement is terminated as provided for in this Purchase Agreement absent a 41 default by the Buyer, all earnest money shall be returned to the Buyer and all parties shall be relieved of their obliga- 42 tions as set forth herein. 43 44 13) Time of the Essence and Remedies: Seller and Buyer understand that time is of the essence. If any obligation is not 45 performed or waived as provided, or if any note or check received as earnest money or any other payment is not paid, 46 honored or tendered when due, there shall be the following remedies: 47 a) If Buyer is in Default: Sellers remedies shall be limited to liquidated damages in the amount of the earnest money 48 set forth in Paragraph 1 above. It Is agreed that such payments and things of value are liquidated damages and 49 are Seller's sole and only remedy for Buyer's failure to perform the obligations of this contract. The parties agree 50 that Seller's actual damages in the event of Buyers default would be difficult to measure, and the amount of the liq- 51 uidated damages herein provided for is a reasonable estimate of such damages. 52 b) If Seller is in Default: Buyer may elect to treat this Purchase Agreement as canceled, in which case all earnest 53 money paid by Buyer hereunder shall be returned and Buyer may recover such damages as may be proper, or 54 Buyer may elect to treat this Purchase Agreement as being in full force and effect and Buyer shall have the right to 55 speck performance or damages, or both. 56 57 58 59 Fomn 70117. Originated 09106. Revised 07/15 ((� /Y /,tr / © 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved, Page 3 of 6 uyer(B s) Initials Salkr(s) Inirfals 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 Land Purchase and Sale Agreement Regarding Property Described As: Address: gQAcres off Float Planet gd Kenai AK 99611 Legal(tha Property). TeNR 11W SEC nSa MWMI, nKNSW1 14EXCEPTINGTHEREFROMTHOSEPRTH SASPER W/O51 2 14 This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Muhipie Listing Service, Inc 14) Earnest Money Dispute: Notwithstanding any termination of this Purchase Agreement, Buyer and Seller agree that, in the event of any controversy regarding the earnest money held by Broker, the Broker may: a) Make the determination as to the cause of the failure of this Purchase Agreement and distribute the earnest money accordingly, or b) Require the parties to execute an agreement for the release of the earnest money, in which case the earnest mon- ey shall be distributed in accordance with such agreement. If the parties are unwilling to execute an agreement for the release of earnest money, the parties shall submit the matter to mediation as provided below, and if mediation fails, the broker may file an interpleader action in a court of competent Jurisdiction requesting the court to determine the distribution of the earnest money. Broker shall be entitled to an award from the earnest money of attorneys' fees and costs. c) In the event the Broker makes a determination as to the cause of the failure of the Purchase Agreement and dis- tributes the Earnest Money accordingly, the parties hereto agree to indemnify and hold the Broker harmless from any and all claims, liabilities or losses that either party may incur as a result of the Broker's decision. 15) Mediation: If a dispute arises relating to this Purchase Agreement, between or among Buyer and Seller, or Broker(s) and /or their representative(s), and is not resolved prior to or after recording, the parties shall first proceed in good faith to submit the matter to mediation. Costs to be shared by mutual agreement between or among the parties. Unless oth- erwise agreed in mediation, the parties retain their rights to proceed to arbitration or litigation. 16) Costs and Expenses: In the event of any arbitration or litigation relating to this Purchase Agreement, the arbitrator or court shall award to the prevailing party all reasonable costs and expenses, including attorney fees. 17) Broker: It is mutually agreed by all parties that the Brokers and/or their Licensees shall not be held liable in any man- ner whatsoever for damages arising from defaults or acts by or omissions of Buyer or Seller. a) Both Buyer and Seller acknowledge Brokers are participants of the Alaska Multiple Listing Service, Inc., (AK MLS) and are authorized to report details of the sale to AK MLS. b) Buyer and Seller authorize any Lender, escrow agent, closing agent, appraiser, surveyor and any other related par- ty to this sale to furnish and provide, on request or closing, any and all information and copies of documents related to this sale to both the Listing and Selling Brokers and their Licensees. 18) Acceptance/Notice of Acceptance/Delivery: This offer may be accepted by being signed by the other party with no changes, and such acceptance shall be effective when a complete copy of the fully signed agreement is delivered to the other party by any one of the following methods: a) Hand delivery to the other party or the other party's licensee or the other party's Brokerage; b) Via email to the other party or the other party's licensee, but only if the person transmitting the email receives elec- tronic confirmation that the email was received by the intended recipient; or c) Via facsimile to the other party or the other party's licensee, but only if the transmitting fax machine prints a confir- mation that the transmission was successful. This Purchase Agreement may be signed in multiple counterparts with the same effect as if all parties signed the same documents. Delivery of a photocopy, telefax, electronic, carbon or carbonless copy of a signed original of this Purchase Agreement or any other documents referred to herein shall be treated the same as delivery of the original. 19) Foreign Investment in Real Property Tax Act: The Foreign Investment in Real Property Tax Act ( "FIRPTA ") requires every person who purchases real property located within the United States from a'foreign person" to deduct and with- hold from the Seller's proceeds ten percent (10 %) of the gross sales price, with certain exceptions, and to pay the amount withheld to the Internal Revenue Service. A "foreign person" includes a non - resident alien individual, foreign corporation, foreign partnership, foreign trust, and foreign estate. Seller and Buyer agree to execute and deliver, as Sp- propdate, any instrument, affidavit or statement, and to perform any acts reasonable or necessary to comply with FIRPTA. 20) Attachments: The following attachments are hereby made part of this Purchase Agreement: For i 70117. Originated 09106. Revised 07/15 ® 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 4 of 6 Seller(s) Initials Land Purchase and Sale Agreement Regarding Property Described As: Address: 80 Acres off Float Plane Road Kenai, AK 49611 Legal (the Property): T6NR 11WSEC29Seard Meridian KNSW11 4E% CEPTINGTHEREMOM THOSE PORTIONS ASPER WM51 152 This form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. t 2 21) Additional Terms and Conditions: 3 4 Offer Contingent on Council Approval by Resolution or Ordinance. 5 6 �.a� /2// 911(� 7 8 11 12 - 13 14 15 16 17 18 19 20 ❑ See attached addendum for additional terms and conditions. 21 22 22) Entire Agreement: This Purchase Agreement and any attached addenda constitute the whole agreement between the 23 parties. This document may not be modified except in writing and signed by the Parties. 24 a) Buyer agrees to purchase and pay for the above - described Property on the terms and conditions herein stated. 25 Receipt of a copy of this Purchase Agreement is hereby acknowledged. Buyer understands this is a legally binding 26 contract. 27 b) Buyer agrees that closing of the sale will constitute an acknowledgment that the premises and its systems 28 are acceptable at the time the sale is closed. 29 30 In the event the Seller or Seller's Licensee has failed to notify Buyer or Buyer's Licensee, of the Seller's signed ac- 31 ceptance prior to 01/03/2017 . (date) &D�L a.m, p.m. p.m. (time), this offer shall terminate. 32 33 This Purchase Agreement has significant legal and financial consequences. You are advised to seek independent legal and 34 finaiD61 counsel, including tax advice from a tax attorney or CPA, before signing. The Brokers and Licensees cannot give 35 lega V [ax or financial advice. 36 / 37 Date (L u �K Time: _a.m. — p.m. ,Bf er Signgture(s) E -mail Address Office Ph(s) Cell Ph(s) `' Home Ph(s) Fax Ph(s) 1 rkoch kenaicity 4R, Koch, City Manager 2: 38 Print name(s) to be on documents 39 Mail Address 40 Physical Address 41 42 43 44 45 46 47 48 49 Name of Selling Broker's Office Licensee Signature Licensee Signature Selling Licensee #1 t r: (907) 262 -B_ 853 Selling Licensee &�' RA%er Brokerage Fee: A real estate broker may be compensated by any party to a real estate transaction, by a third party, or by one or more of the parties to the transaction splitting or sharing the compensation" Seller and /or Buyer agree to pay forthwith at dosing a bro- kerage fee in cash as stated in the Personal Services Agreement. (i.e. Listing Agreement, Buyer's Agreement) Fonn 70117. Originated 09106. Revised 07/15 (i t 1 1 1 1 © 2015 Alaska Multiple Listing Service, Inc. (AK MLS) All rights reserved. Page 5 of 6 Buyer(s) Initials Seller(s) Initials Land Purchase and Sale Agreement Regarding Property Described As: Address: $des off Float Plane Road Kenai AK 9 611 Legal (the Property): T6NR11WSEC29Sea...,Wi— KNSWV9 ERCEPrING THEREFROk/ THOSE PORTIONS ASPER W0519152 this form authorized for use ONLY by active Real Estate Licensee Subscribers of Alaska Multiple Listing Service, Inc. I Seller Response: (sign only onel) 2 3 Seller accepts the foregoing offer as written. Seller agrees to sell and convey the Prop - 4 erty described on the terms and conditions herein stated. Seller understands this is a 5 legally binding contract. 6 Seller Signature(s) 1: 2. 3. Date Time: _ a.m. _ p.m. 7 8 • Seller makes the attached Counter Offer 9 Seller Signature(s) 1: 2. 3. Date Time: _ a.m. _ p.m. 10 11 Seller hereby rejects the foregoing offer and declines to make a Counter Offer 12 Seller Signature(s) 1: 2. 3. Date Time: a.m. _ p.m. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Print name(s) Mail Address Physical Addn Phone E -Mail Name of Listing Broker's Office Redoubt Realty Licensee Signature Licensee Signature Listing Licensee #1 FVi%Wf0 207 262 -8854 Listing Licensee #2 FUa Waft i� (g07) 962 -8854 Form 70117. Originated 09106. Revised 07115 ! ! ! ! Q 2015 Alaska Multiple Listing Service, Inc. (AK MILS) All rights reserved. Page 6 of 6 Buyers) InIttals Sellers) Initials ALASKA REAL ESTATE COMMISSION F WAIVER OF RIGHT TO BE REPRESENTED 'T -tL arlp About This Form: Occasionally, a licensee is "representing' a consumer (buyer or lessee) that has interest in acquiring a property where another consumer (seller or lessor) is also 'represented' by the same licensee. Prior to showing the property, the licensee must obtain written approval from both consumers to change their working relationship from representation to providing specific assistance in a neutral capacity. AS 08.88.610 In Alaska, real estate licensees are required by law to provide this document, prior to providing specific assistance to the parties, in conjunction with the Alaska Real Estate Consumer Disclosure (form 08. 4145), outlining the duties of a real estate licensee when acting in a neutral capacity. Duties of a Neutral Licensee: A neutral licensee is a licensee that provides speck assistance to both consumers in a real estate transaction. Duties owed by a neutral licensee include: a. Exercise of reasonable skill and care; b. Honest and good faith dealing; C. Timely presentation of all written communications; d. Disclosing all material Information known by a licensee regarding the physical condition of a property; e. Timely accounting of all money and property received by a licensee; f. Not intentionally taking actions which are adverse or detrimental to a consumer; g. Timely disclosure of conflicts of interest to both consumers for whom the licensee is providing specific assistance; h. Advising a consumerto seek independent expert counsel if a matter is outside the expertise of a licensee; i. Not disclosing consumer confidential information during or after representation without the written consent of the consumer unless required by and J Not disc sing the terms or the amount of money a consumer is willing to pay or accept for a property. Rick KSO, City Manager, Ci7of nai Date Date � ��� Redoubt Realty Real Estate Licensee Date Real Estate Company If authorized by consumers, the neutral licensee may analyze and provide information on the merits of a property or transaction, discuss price terms and conditions that might be offered or accepted, and suggest compromise solutions to assist them in reaching an agreement. Additional Authorization: hereby authorize the "neutral" licensee to engage in the following conduct in a good faith effort to assist in reaching final agreement in a real estate transaction: Analyzing, providing information, and reporting on the merits of the transaction to each consumer, Discussing the price, terms, or conditions that each consumer would or should offer or accept; or Suggesting compromises in the consumers respective bargaining positions. Date 08- 4212(0212015) ALASKA REAL ESTATE COMMISSION CONSUMER DISCLOSURE This Consumer Disclosure, as required by law, provides you with an outline of the duties of a real estate licensee (licensee) This document is not a contract. By signing this document you are simply acknowledging that you have read the information herein provided and understand the relationship between you, as a consumer, and a licensee. (AS 08.68.600 — 08.88.695) There are different types of relationships between a consumer and a licensee. Following is a list of such relationships created by law: Specific Assistance The licensee does not represent you. Rather the licensee is simply responding to your request for information. And, the licensee may "represent" another party in the transaction while providing you with specific assistance. Un less you and the licensee agree otherwise, information you provide the licensee Is not confidential. Duties owed to a consumer by a licensee providing specific assistance include: a. Exercise of reasonable skill and pre; b. Honest and good faith dealing; c. Timely presentation of all written communications; d. Disclosing all material information known by a licensee regarding the physical condition of a property; and e. Timely accounting of all money and property received by a licensee. Representation The licensee represents only one consumer unless otherwise agreed to in writing by all consumers in a transaction. Duties owed by a licensee when representing a consumer include: a. Duties owed by a licensee providing specific assistance as described above; b. Not intentionally take actions which are adverse or detrimental to a consumer, c. Timely disclosure of conflicts of interest to a consumer, d. Advising a consumer to seek independent expert advice if a matter is outside the expertise of a licensee; e. Not disclosing consumer confidential information during or after representation without written consent of the consumer unless required by law; and f. Making a good faith and continuous effort to accomplish a consumer's real estate objective(s). Neutral Licensee A neutral licensee is a licensee that provides specific assistance to both consumers in a real estate transaction but does not "represent" either consumer. A neutral licensee must, prior to providing specific assistance to such consumers, secure a Waiver of Right to be Represented (form 08-4212) signed by both consumers. Duties owed by a neutral licensee include: a. Duties owed by a licensee providing specific assistance as described above; b. Not intentionally taking actions which are adverse or detrimental to a consumer; c. Timely disclosure of conflicts of interest to both consumers for whom the licensee is providing specific assistance; d. If a matter is outside the expertise of a licensee, advise a consumer to seek independent expert advice; e. Not disclosing consumer confidential information during or after representation without written consent of the consumer unless required by law; and f. Not disclosing the terms or the amount of money a consumer is willing to pay or accept for a property if different than what a consumer has offered or accepted for a property. If authorized by the consumers, the neutral licensee may analyze and provide information on the merits of a property or transaction, discuss price terms and conditions that might be offered or accepted, and suggest compromise solutions to assist consumers In reaching an agreement. Designated Licensee In a real estate company, a broker may designate one licensee to represent or provide specific assistance to a consumer and another licensee in the same office to represent or provide specific assistance to another consumer in the same transaction. 08-4145 (Rev. 02x2015) Page 1 of 2 IANe, Rich Koch, City Manager, City of Kenai have read the Information provided In this Alaska Real Estate (print consumer's name(s)) Consumer Disdosure and understand the different types of relationships I /we may have with a real estate licensee. I/We understand that Vicki K Harsha & Ed Oberts of Redoubt Realty (licensee name) (brokerage name) will be working with me/us under the relationship(s) selected below. (Initial) Specific assistance without representation. Representing the Seller /Lessor only. (may provide specific assistance to Buyer/Lessee) Representing the Buyer /Lessee only. (may provide specific assistance to Seller/Lessor) Neutral Licensee. (must attach Waiver of Right to be Represented, form 08 -4212) t Date: Signature: J tip` (.)Qens e) Vickl K Hamha & Ed Oberls ili ° //�fll4 Date: Signature: Date: Signature: (Consumer) THIS CONSUMER DISCLOSURE IS NOT A CONTRACT 08-4145 (Rev. 02/2015) Page 2 of 2 u "Villaye with a Past, C# with a Future" 210 Fidalgo Avenue, Kenai, Alaska 99611 -7794 � Telephone: 907 - 283 -7535 / FAX: 907 - 283 -3014 11111.1 1997 MEMORANDUM: TO: Paul Ostrander, City Manager p, FROM: Matthew Kelley, City Planner M�/ DATE: January 12, 2016 SUBJECT: Ordinance No 2937 - 2017 Purchase of Real Property from Beatty Myrna Rocha The purpose of this communication is to provide additional information in support of Ordinance No. 2937 — 2017. The proposed Ordinance, would appropriate funding within the Airport Fund as well as authorize the purchase of, and retain for a public purpose real property described as SW '/< Excepting therefrom those portions as per W/D 51 @152 and as per Superior Court Order under Case No 3KN -86 -1406, Cl, Section 29, T6N, R1 1W, consisting of approximately 80- acres. It has come to the attention of the City that Ms. Beatty Roche the owner of the subject parcel has passed away. Staff has spoken with Mr. Edward Oberts who is representing Ms. Roche regarding the purchase of the subject parcel. Mr. Oberts has stated that the family of Ms. Rocha still wishes to move forward with the sale of the subject parcel to the City. Upon approval by the City Council, the City will move forward with the purchase of the subject parcel from the Heirs of Ms. Roche. Therefore, the Purchase and Sale Agreement would be updated to reflect who the owner of the property is once Ms. Rocha's estate has been settled. Thank you for your consideration. MacSwain Associates LLC 4401 Business Park Blvd, Suite 22 Anchorage, Alaska 99503 Phone: 907 -561 -1965 Fax. 907 -561 -1955 s. m acswain@m acswain. cam November 30, 2016 Matt Kelley City Planner City of Kenai 210 Fidalgo Avenue Kenai, Alaska 99611 Re: 80 Acres of Recreational Land Located within Township 6 North, Range 11 West, Section 29, Seward Meridian Kenai, Alaska Dear Mr. Kelley: We have prepared an Appraisal Report of the above - referenced property. The appraised property consists of 80 acres of recreational land. The property rights appraised is the fee sample interest. The report is prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). Based on the data, reasoning, and analysis that follow, we are of the opinion that the market value of the appraised property, as of November 3, 2016, is as follows. SIXTY FOUR THOUSAND DOLLARS ($64,000) Your attention is directed to the Assumptions and Limiting Conditions of this report. We hope the appraisal report assists your evaluation of the property. If you have any questions regarding this report, please contact our office. Respectfully, 50 . Steve MacSwain, MAI State of Alaska Certificate No. 42 16- 2993(3): 80 -Acre Rocha Parcel, Kenai, Alaska