PURCHASE AGREEMENT FOR RESIDENCE AND LAND This agreement dated ________________, 2009, between City of Battle Creek, a Michigan Municipal Corporation, whose address is 10 N Division, Battle Creek, Michigan 49014, and Betty R. Patterson, a woman, whose address is 169 W Fountain Street, Battle Creek, Michigan 49037, for the transfer of the property commonly known as 169 W Fountain Street, Battle Creek, MI 49037 and legally described as “Meachems Addition Lot 52,” City of Battle Creek, Calhoun County, Michigan, Parcel #5270-00-056-0, (the Premises), on the terms and conditions set forth below: 1. Purchase price. The purchase price for the Premises shall be Seven Thousand Seven Hundred Sixty Dollars and seventeen cents ($7,760.17), payable pursuant to the terms of a Land Contract, which is attached as Exhibit “A,” and adopted by reference into this agreement. The purchase price represents the amount of property taxes paid by Seller during its term of ownership of said premises. 2. Conveyance. Upon complete satisfaction of the terms Exhibit A Land Contract, Seller agrees to convey title to the property to Buyer by Quit Claim Deed. 3. Title. Seller represents it has title through a tax reverted deed, and it has done nothing to impair title. Buyer accepts the state of the title “as is.” 4. Survey. Buyer waives a survey of the Premises as she has been in possession of the property for a period of time prior to closing and is satisfied with her personal knowledge of the boundaries of the Premises. 5. Inspections. Buyer waives all inspections of the property as she has been in possession of the property for a considerable period of time prior to closing and is satisfied with the condition of the property and accepts it on an “AS IS” condition in all respects. 6. Taxes and assessments. All real property taxes that were billed before the effective date of this agreement and remain unpaid shall be paid by Buyer. All taxes that are billed after the effective date of this agreement for the Parcel shall be paid by Buyer. Property taxes for the tax year 2009 shall NOT be prorated and shall be paid in their entirety by the Buyer. Buyer shall be responsible to pay for any and all assessments that may exist at the date of this agreement as well as those which may arise after the effective date of this agreement. Seller represents it has paid all property tax bills beginning Summer, 2002, and continuing through Winter, 2008. 7. Closing. The closing of the sale of the subject property shall be held not later than seven (7) business days after approval by Battle Creek City Commission of the terms of the purchase agreement and the Exhibit A Land Contract, which has been adopted by reference. At the closing, each party shall sign the land contract for the premises, as well as the Memorandum of Land Contract. Buyer shall pay the Register of Deeds $14.00 recording fee. 8. Real estate brokers. The parties agree and represent to one another that no real estate brokers are involved in this transaction.
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9. Possession. Seller shall deliver possession of the Premises to Buyer at the time of closing and Buyer accepts the premises without objection regardless of its condition as buyer has been in possession of the property for an extended period of time prior to closing. 10. Notices. All notices required by this agreement shall be sent to the other party in writing. The notices shall be delivered either personally or through first class mail. 11. Successors and assigns. This agreement shall be binding on and inure to the benefit of the parties and their respective successors, heirs, assigns, executors, administrators, and personal representatives. 12. Time of the essence. Time is of the essence in the performance of this agreement.
13. Amendment. This agreement may not be amended, altered, or modified unless done so in writing by the person against whom enforcement of any waiver, change, modification, or discharge is sought. 14. Entire agreement. This agreement contains all of the representations and statements by each party to the other and expresses the entire understanding between the parties with respect to the transactions contemplated. All prior communications concerning the subject matter are merged in and replaced by this agreement. 15. Jurisdiction and venue. This agreement shall be subject to and interpreted under the laws of the State of Michigan, and venue for any disputes under this agreement will lie in Calhoun County, Michigan. 16. Effective date. This agreement shall be effective as of the date signed by the second party below. CITY OF BATTLE CREEK, SELLER Dated: __________________________ By /s/___________________________ Ken Tsuchiyama, Its City Manager
Dated: __________________________
By /s/___________________________ Betty R. Patterson, Buyer
Drafted by: Jill Humphreys Steele (P53335) Battle Creek Assistant City Attorney 10 N Division Battle Creek, MI 49016 (269) 966-3385
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