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HomeMy WebLinkAboutR-2011-086 Purchase 5101 Northwood Rd - Sumerlin RESOLUTION NO. R-2011-086 � A RESOLUTION AUTHORIZING EXECUTION OF A REAL ESTATE CONTRACT IN CONNECTION WITH THE PURCHASE OF PROPERTY LOCATED AT 5101 NORTHWOOD ROAD, RIVERSIDE, MISSOURI WHEREAS, the Board of Aldermen find it is in the best interest of the City to enter into a real estate contract for the purchase of property located at 5101 Northwood Road, Riverside Missouri, according to the terms and conditions set forth in Exhibit "A" attached hereto; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVER5IDE, MISSOURI, AS FOLLOWS: THAT the Mayor is hereby authorized to execute and deliver the Real Estate Contract by and between Michael Sumerlin and Michelle Sumerlin and the City of Riverside, Missouri in substantially the same form as attached hereto as Exhibit "A" and the City Clerk is authorized to attest thereto; � FURTHER THAT the City Administrator, Mayor and/or Finance Director are hereby authorized to execute all documents necessary to carry out the terms and conditions of such Real Estate Contract and to effectuate the purchase of real property contemplated therein and the City Clerk is authorized to attest thereto. PASSED AND ADOPTED by the Board of AI ermen and APPROVED by the Mayor of the City of Riverside, Missouri, the 1� day of , 2011. ;' Kat leen L. Rose, Mayor ATTEST: / � Robin Littrell, City Clerk Approv o Form: anc Th n, City Attorney 1 REAL ESTATE SALES CONTRACT I This Real Estate Sales Contract ("ContracY') is made between Michael Suroerlin and Michelle Sumerlin, husband and wife ("Seller") and the City of Riverside, Missouri, ("Buyer"), and is effecqve as of the � day of ���, 2011 (tl�e "Effective Date"). AGREEMENT 1. PROPERTI': Seller agrees to sell to Buyer and Buyer agees to purchase from Seller the real estate legally described in Exhibit A attached hereto (the "Land"), together with all buildings and improvements thereon, including all mechanica] systems, fixtures and equipment, heating, ventilating and air-conditioning equipment, electrical systems and lighting, plumbing equipment and fi�ures, floor coverings, storm windows and doors, screens and awnings, and keys (collectively, the "Improvements"), al] of which is more commonly known as 5101 Northwood Road, Riverside, Missouri 6415.1'O The Land and lmprovements are sometimes herein collectively referred to as the "PropeMy " •�' � �n5 2. EXCEPTIONS: Title to the Property shall be subject only to the "Permitted Exceptions" (as defined in Paragraph 7), matters currently of record (except for ]iens of any deed(s) of trust or mechanic's liens created 6y Seller, which shall be released by Seller at Closina), diose matters which an accurate inspection and survey of the Property would disclose, and applicable zoning ordinances and laws. 3. PURCHASE PRICE; EAItNEST MONEY: The "Purchase Price" is one hundred forty-five thousand dollazs ($145,000.00), which Buyer agrees to pay as follows: a. Seventy thousand dollazs ($70,000.00) at the signing of this Contract as "Earnest Money," to be deposited within 5 business days after the Effective Date provided Seller has conveyed the necessary easements as provided in Section 23, in Lhe insured trust or escrow account of Coffelt Land Title, Inc. ("Escrow AgenP') pursuant to an escrow ageement reasonably acceptable to the parties, as part of the consideration of the sale (see Section 17 regarding Buyer's ability to access the Eamest Money); b. The balance to be paid in the following manner: Seventy-five thousand dol(ars ($75,000.00), in guaranteed funds or cashier's check at "Closing" (as defined in this Contract), adjusted at Closing for pro-rations, closing costs and od�er expenses agreed to in writing by the parties. ��� �- '�.d Tt7-�..� 4. CLOSING AND POSSESSION DATE(S): Subject to all the provisions �this Contrac�f, e closing of this Contract (the "Closing") shall take place at the offices of r�r� i+ 7°�a =°-, * 851 NW 45'� Sireet, Kansas City, Missouri 64116 on the date (the "Closing Date") that is the later of (provided that there shall be no penalty to Seller if the parties decide upon an earlier Closing Date): (i) December 31, 2012, or (ii) upon the City's acceplance of the Northwood Road improvements, and possession shall be delivered upon Closing (suUject to the other terms and provisions of this Contract, including without limitation the provisions of Section 25 below). All Closing Costs shall be paid by the Buyer. 5. EXISTING FINANCING: Seller shall mal:e any payments required on existing mortgages ar deeds of trust until Closing and shall pay the entire amount of any e�sting mortgages or deeds of trvst on or prior to Closing; it being agreed that no such e�cisting or future mortgage or deed of trust shall constitute a Permitted Exception for purposes of this Contract. 6. PRORATIONS: Seller shall pay all real estale ta�ces levied and assessed against the Property, and all installments of general and special assessments (if any) for the years prior to the calendaz year of 1 Closing, and all personal property and other taYes payable with respect to property other than real property and sold with the Property pursuant to this Co�h Al) such taxes and installments of general and special assessments becoming due and accr�ing during the calendar year of Closing shall be prorated between Seller and Buyer on a per diem basis as of Closing. If the amount of any tax or general and/or special assessment cannot be ascertained at Closing, pro-ration shall be computed on the amount for the preceding year's taac or general and/or special assessment. Buyer shall assume and pay all such ta�ces, if any, and installments of general and special assessments, if any, accruing after the Closing. 7. TITLE INSiTRANCE: Seller shall, at Buyer's expense, provide a standard owner's ALTA title insurance policy insuring marketable fee simple title to tt�e Land in Buyer in the amount of the total Purchase Price as of the time and date of recarding of Seller's Warranty Deed (the "Deed"), subject only to the exceptions contained in the title insurance policy and matters currently of record (exce�t for liens ' of any deed(s) of trust or mechanids liens created by Seller, ��vhich shall be released by Seller at Closing). Buyer shall obtain a current commifinent to issue the title policy together with legible copies of all exception instruments set forth in Schedule B-ll thereof (the "Title CommitmenY'), to be issued through Coffelt Land Title, Ina (die "Title Company�'). Buyer shall have until tl�e expiration of the "Inspection Period" (as defined in Paragraph 8 below) (also sometimes herein referred to as the "Title Review Period") in which to notify Seller in writing of any reasonable objections Buyer has regarding any matters shown or referred to in the Title Commitment. Any matters which are set forth in the Title Conunitment and to which Buyer does not object within the Title Review Period shall be deemed to be permitted exceptions to d�e status of Seller's title (the "Permitted Exceptions"). With regard to items to which Buyer does object within the Review Period, Seller shall have ten (10) days after receipt of Buyer's written notice of objections to cure such objections ("Title Cure Period"). Any such matters I shall be deemed cured if Seller obtains the agreement of the Title Company to issue the Title Policy to � Buyer without making exception for such matter or to provide affirmative insurance reasonaUly acceptable to Buyer against such maLters. Nothing herein, however, shall require Seller to cure any title objections or any matters shown in the suroey, to bring any action or proceeding or otherwise to incur any expense in connection therewith (except with respect to Seller's obligation to deliver the Deed free and clear of any e�usting deed of trust and/or any mechanic lien created by Seller). If Seller does not cure all such objections by the end of the Title Cure Period (which Seller shall have no obligation to do), then Buyer shall have the right to terminate this Contract at any time prior to Closing, unless Seller shall cure all such objections prior to the date of Buyer's termination notice. In tt�e event Buyer does not elect to terminate this Contract as provided in this Paragaph 7, then Buyer shall be deemed to have waived such uncured title objections and the same shall constitute Perniitted Exceptions for purposes of this Contract. Buyer may, at its sole cost and expense, obtain an ALTA sutvey of the Property (including such Table A requirements as Buyer may request) at any time after the Effective Date of this Contract. Unless otherwise objected to in writing by Buyer prior to the expiration of the Inspection Period, the Survey will be accepted as being correct for the Property and there will be no objections to such. 8. INSPECTIONS: Seller hereby gants Buyer reasonable access to the Property (including, without limitation, the building and other improvements located thereon) for a period of fifteen (15) months after the Effective Date of this Contract (the "Inspection Period") for the purpose of inspecting the physical condition of the Property and all improvements thereon and conducting such tests, surveys, appraisals and similar inspections as Buyer deems advisable in its sole and absolute discretion. Buyer's inspection rights shall include performing soil tests, environmental tests or audits, foundation and mechanical inspections and such other inspections ar surveys as Buyer may reasonably deem appropriate. Buyer agrees to repair any damage to the Property arising from these inspections. To the extent allowed by Missouri law, Buyer shall indemnify and hold Seller hannless from and against any and all liability, cost or expense that Seller may incur as a result of such testing by Buyer, and Buyer shall repair or restore the 2 Property to the same condition the Property was in prior to Buyer's investigations in the event this transaction does not close. Buyer's obligations imposed by this paragraph shall survive termination of this Contract. Buyer agrees to provide Seller with a copy of any wrirten reports resulting from such inspections within ten (10) days of the completion of said inspections. If any deficiencies ar otherrvise objectionable conditions are identified during the inspection by Buyer, tt�en Buyer shall have the right to terminate this Contract by giving Seller written notice of such election prior to the expiration of the Review Period, unless Buyer waives the objections. Buyer shall be deemed to be thorougtily acquainted and satisfied with the physical condition of the Property, other than as set forth in the Paragraph 13 of this Contract. In addition, Buyer or Buyer's representatives may re-inspect the Property before Closing upon reasonable notice to Seller. 9. DLTE DILIGENCE: Buyer wil] have a period of time equal to the Inspection Period to perform such additional due diligence (the "Due Diligence Period") for the purpose of exploring and obtaining approval of governmental autliorities for the intended purpose of the Property and any changes in zoning, if necessary, and such other inquiries regarding the Property, as Buyer in its sole and absolute discretion deems appropriate. In the event any such additional due diligence discloses any condition that adversely affects the value or use of the Property, or i3uyer's intended use of the Property (in Buyer's sole and absolute diseretion), then Buyer may deliver written notification to Seller to terminate this Cootract prior to tl�e expiration of the Due Diligence Period and this Contract will be terminated as of the date of Buyer's temiination notice. In the absence of such termination notice, the Inspections and Due Diligence shall be deemed to be satisfactory to Buyer. Within tliirty (30) business days after the Effective Date, Seller sliall at its cost and expense, without warranty, deliver to Quyer all existing surveys, title commitments, abstracts or policies, environmental assessments, soils tests, and other materials and/or I documents relating to the Property as Seller has in its possession or control. 10. REPRESENTATIONS: Buyer acknowledges that neither Seller nar any party on Seller's behalf has made, nor do they hereby make, any representations as to the past, present or future condition income, expenses, operation or any other matter ar thing affecting or relating to the Property, except as expressly set forth in this Contract. Buyer agrees to assume full responsibility far completing Buyer's Due Diligence in such a manner as to answer all questions necessary to make the decision to purchase the Property. Buyer expressly acknowledges a�d agrees that the Property is being purchased "AS IS", "WI�RE IS" and "WIT`H ALL FA[JLTS", latent and patent. Buyer expressly acknowledges that, except as expressly set t'orth in this Contract, (i) Buyer is not authorized to rely, has not relied, and will not rely on any representation, statement or warranty of 5eller, or of any representative or broker of Seller, and (ii) Seller has not agreed to perform any work on or about the Property as a condition to Buyer's purchase of the Property hereunder. Except as otherwise expressly provided herein, Seller makes no representations, warranties or indemnities for any claim, condition or liability arising before or after this Contract pursuant to, or arising under, any federal, state or local law, rule or ordinance, including those relating to protection of the environment such as CERCLA and RCRA. Tl�e provisions of this Section shall survive the closing and delivery of the Deed or the tettnination of this Contract. ] 1. REAL ESTATE BROKER: Seller and Buyer each hereby represents and a�-ees that neither party has retained any real estate broker(s) in connection with this Contract or the transaction contemplated hereunder. Any party to this Contract tivough whom a claim to any broker's, finder's or other fee is made, contraty to the representations made above in this paragraph, shall indemnify, defend and hold hannless the other party to this Contract from any other loss, liability, damage, cost or expense, including without limitation, reasonable attorney's fees, court costs and other legal expenses paid or incurred by the other party, that is in any way related to sucb a claim. The provisions of this paragraph shall survive Closing or termination of this Contract. 3 12. DELIVERY OF DEED; PAYMEN'I'; DISBURSEMENT OF PROCEEDS: At or before Closing, and prior to the distribution of the Earnest Money as provided in Section 17, Seller agrees to pmperly execute and deliver into escrow the Deed, a Bill of Sale for any non-realty portion of the Property, and all other documents and funds necessary to complete the Closing. The Deed shall convey to Buyer marketable fee simple title to the Property, free and clear of all liens and encumbrances, other than the Permitted Exceptions, matters currently of record (except for liens of any deed(s) of trust or mechanids liens created by Seller, which shall be released by Seller at Closing), and those matters an accurate inspecrion and survey of the Properiy would disclose. At or before the Closing, Seller and Buyer each agree to deliver into escrow a cashier's check or guaranteed funds sufficient to satisfy their respective obligations under this Contract. Seller understands that, except as otherwise provided herein, disbursement of proceeds will not be made unri] after the Deed or the instrument of conveyance, and, if applicaUle, the mortgage/deed of U have been recorded and the Title Company can issue the title policy with only the Permitted Exceptions. 13. iTTILTTIES/MAIl�TTENANCE/CASUALTI' LOSS: Seller agees to maintain or cause to be maintained liability and casualty insurance to fully insure the Property until Closing. Seller agrees to leave al] utilities on until the date of possession unless othenvise ageed. Seller shall maintain the Property in its present condition through the Possession Date. Unless otherwise agreed in writing, Seller sl�all remove all possessions (induding household appliances (but excluding HVAC and hot water heater) and "shop" equipment), trash and debris frorn, and clean the Properiy, upon vacating or prior to delivery of Possession. Seller agrees to perForm ordinary and necessary maintenance, upkeep and repair to tl�e Property and to keep the improvements on d�e Properiy fully insured until delivery of 5eller's deed I to Buyer. If before delivery of the deed to Buyer, improvements on the Property are damaged or destroyed by fire or other causes including those that could be covered by what is known as fire and e�ended coverage insurance, then the Seller shall notify the Buyer in writing within 48 hours of such damage. The parties agree that the risk of that damage or destruction shall be bome by the Seller, and Seller shall be responsible for fully and completely repairing or replacing the damage done to the Property. 14. FOREIGN INVESTM�NT: Seller represents diat Seller is not a foreign person as described 'm the Foreign Investment in Real Property TaY Act and agrees to deliver a certificate at Closing to that effect which shall contain Seller's tax identification number. ] 5. TERIVIINATION: If this Contract is tem�inated by either party pursuant to a right expressly given in this Contract, Buyer shall be entitled to an immediate retum of the Eamest Money (whether in the possession of the Fscrow Agent or Seller), and neither party shall have any further rights or obligations under this Contract, except as otherwise expressly stated in this Contract. 16. DEFAITLT AND REMEDIES: Seller or Buyer shall be in default under this Contract if either fails to comply with any material covenant, agreement or obligation within any time limits required by this Contract and such failure continues for more than 10 days after the defaulting parry's receipt of ��vritten notice thereof from the non-defaulting party. Pollowing a default by either Seller or Buyer under this Contract, lhe other party sha]l have the following remedies, subject to the provisions of the Paragraph ] 7 in this Contract: a. If Seller defaults, Buyer may (i) specifically enforce this Contract and recover damages suffered by Buyer as a result of the delay in the acquisition of the Property; or (ii) terminate this Contract by written notice to Seller and, at Buyer's option, pursue any remedy and damages available at law or in equity. If Buyer elects to terminate this Contract, the Earnest Money Deposit shall be returned to Buyer upon written demand. 4 b. If Buyer defaults, Seller may (as its sole and exclusive remedy in connection with any default by Buyer under this Contract) terminate this Conh�act by written notice to Buyer and retain Seventy Thousand Dollars ($70,000.00) of the Eamest Money as liquidated damages (the parties recognizing that it would be e�ttremely difficult to ascertain the extent of actual damages caused by Buyer's breach, and that the Eamest Money Deposit represents a fair approximation of such actual damages as the parties can now determine). If, as a result of a default under this Contract, either Seller or Buyer employs an attomey to enforce its rights, the defaulting party shall, unless prohibited by law, reunburse the non-defaulting party for all reasonable attorneys' fees, court costs and other legal expenses incurred by the non-defaulting party in connection with tF�e default. 17. DISPOSITION OF EARNEST MONEY DEPOSIT AND OTHER FTJNI)S AND DOCUMENTS: The �scrow Agent shall not distribute the Earnest Money Deposit or other escrowed funds or documents, once deposited, notwithstand'uig any other terms of this Contract providing for forfeiture or refund of the Earnest Money Deposit, without the written consent of all parties to this Contract, provided however, that the Buyer hereby consents to the Escrow Agent distributing the Earnest , Money to the Seller upon Seller's request, at any time prior to closing, as long as Seller has first delivered into escrow to the Escrow Agent the Warranty Deed, as provided in Section 12. A party's signature on a closing statement prepared by the Escrow or Closing Agent shall constitute such consent In the absence of ei[her written consent or written notice of a dispute, failure by either Buyer or Seller to respond in writing to a certified letter from the Escrow Agent wifliin ten (]0) days of receipt, or failure by either Buyer or Seller to make written demand upon the other party and upon the Escrow Agent for retum or forfeiture of the Earnest Money Deposit, other escrowed funds or documents within ten (10) days after , receiving written notice of cancellation of this Contract, shall constitute consent to the distribution of all � funds and documents deposited with the Escrow Agent as suggested in any such certified letter ar written demand (subject, in any event, to the express provisions of d�is Contract). If a dispute arises over the disposition of funds or documents deposited wiLh lhe Escrow Agent that results in litigation, any attomey's fees, court costs and other legal eapenses incurred by the Escrow Agent in connection with such dispute sUall be reimbursed from the Earnest Money Deposit or from other funds deposited with the Escrow Agent. Seller and Buyer release all brokers and licensees from any and all liability in regards to this Contract, for cancellation of this Contract and disbursing the Earnest Money Deposit ar other escrowed funds or documents. 18. ENTIRE AGREEMENT AND MANNER OF MODIFICATION: This Contract, and any attachments or addenda hereto, constitute the complete agreement of the parties conceming the Property, supersede all other agreements and may be modiFed only by initialing changes in this Contract or by written agreement. 19. NOTICES: All notices, consents, approvals, requests, waivers, objections or other communications (collectively "notices") required under this Contract (except notice given pursuant to Paragraph 17 in lhis Contract) shall be in writing and shall be served by hand delivery, by prepaid U.S. Postal Setvice certified mail, return receipt requested, or by reputable overnight delivery service guaranteeing ne�ct-day delivery and providing a receipt. Notices shall be deemed served and received upon the eazlier of the third day following the date of mailing (in the case of notices mailed by certified mail) or upon delivery (in al] other cases). A party's failure or refusal to accept service of a notice shall constitute delivery of the no6ce. All notices shall be addressed to the parties at the respective addresses as set forth below, except that any pariy may, by notice m the manner provided above, change this address for all subsequent notices: 5 Seller's Notice Address: Michael and Micl�elle Sumerlin 5101 Northwood Road Riverside, Missouri 64151 Buyer's Notice Address: Michael Duffy City of Riverside 2950 N.W. Vivion Road Riverside, Missouri 64150 20. DEADLINE FOR ACCEPTANCE: Buyer's offer to purchase the Property from 3eller shall expire if Seller has not accepted this Contract by si�ning and delivering a fully executed copy to Buyer, on or before the earlier of (i) 3:00 p.m., Thursday, Uctober 6, 2011, or (ii) Buyer delivering written notice to Seller that Buyer's offer to enter into this Contract is withdrawn. 21. TIME AND EXACT PERFORM�INCE ARE OF THE ESSENCE LTNDER THIS CONTTtACT. 22. SELLER'S WARRANI'IES AND REPRESENTATIONS: Seller does hereby warrant and represent to Buyer that: (i) Seller has not engaged in, and to the current actual knowledge of Seller, without inquiry, Seller has not, prior to the Closing Date, received written notice from any governmental authority of, any violation of law, ordinance, or regulation affecting any portion of the Property, and (ii) Seller is not and has never been a"foreign person," as that term is used in Section 1445 of the Internal Revenue Code of l 986, as amended. 23. NORTIIWOOD ROAD Il1'IPROVEMENT' PROJECT. Within three (3) days of the Effective Date, Seller hereby agrees to convey to Buyer — for no more than One Dollar ($1.00) each - Right of Way, Temporary Construction Easement, and Permanent Drainage Easement, the boundaries and extent of which the City determines necessary for the Northwood Road improvement project. 24. LEAD PAINT. Under Federal law, Seller is required to disclose to Buyer the presence of any known lead-based paint and/or lead-based paint hazards on the Property, if the residentia] dwelling on the Property was constructed prior to 1978. ff the residential dwelling on the Property was constructed prior to 1978, then Seller shall execute the addendum attached hereto as Exhibit B. 25. C�NDITIONS TO BiJYER'S OBLIGATION TO CLOSE. Buyer's obligations under this Agreement are subject to the fulfillment by Seller, or written waiver by Buyer, on or prior to the Closing Date, of the following conditions: A. Representations and Warranties. The representations and warranties of Seller contained in this Agreement will in all material respects be true and correct as of the Closing Date as if made on and as of the Closing Date, and Seller has performed all obligations and undertakings, and complied in all material respects with all covenants and conditions contained in this Agreement which are to be performed or complied with by Seller on or prior to the Closing Date. 6 B. 5eller's Authority. All actions requited by law to have been taken by Seller for the execution, delivery, and performance of this Agreement will have been taken. C. No Adverse Changes. Subsequent to the date of this Agreement there will l�ave been no material adverse changes to the Property. D. No Litigation. No governmental body or person will have notified Seller or Buyer in writing of an intention to institute any suit, proceeding, or investigation and no such suit, proceeding or investigation will be pending which may reasonably be expected to restrain, prevent, or delay the completion of the transactions anticipated under this Agreement. E. No Order or Decree. No order or decree of any court or governmental body will be in force (including, without limitation, any injunction ar temporary restraining order granted under a complaint filed under federal or state laws), and no complaint of a governmental body will be pending for the purpose of restraining, or enjoining the completion of the transactions anticipated under this Agreement. F. Satisfactory Results of Due Diligence. Buyer has deterniined tliat the condition of title to the Property and the results of all tests, inspections, and examinations on the Property are satisfactory to Buyer in its sole and absolute discretion in accardance with the provisions of this Contract. G. Approval of Documents. The forni and substance of any certificates, instruments, and other documents delivered to, or signed by, Buyer under this Agreement will be satisfactory in all reasonable respects to Buyer and its counsel. [Remainder of Page Intentionally Left Blank] 7 CAREFULLY READ THE TERMS HERF.OF BEFORE 5IGIVING. WHEN SIGNED BY ALL PAR'['IE5, TFIIS DOCUM�NT BECOMES PART OF A LEGALLY BINDING CONTRACT. IF NOT UNDERSTOOD, CONSULT AN ATTORNEY BEFORE SIGNING. THE PARTIE5 EXECUTING TffiS CONTRACT REPRESENT AND WARRANT THAT THEY ARE LEGALLY AiJTIIORIZED TO EXECUTE THLS CONTRACT. SELLER: MICHAEL SUMERLIN A.ND MICFIELLE SUMERLIN, Husband and Wife R �/ c �'-�' �'^- Y� Michael Sumerlin Date: /G ' C • / f BY / i < < .� P � �� �C�-s-�r �.�•c , ' Michelle Sumerlin � Date: � (� ~ ( o ? Q /� BUYER: CITY OF I2IVERSIDE, NIISSOURI B Name: Y� A'} � ��� r., ���i5,� Title: � q ��� �, Date: lD—li-1l a EXfIIBIT A LEGAL DE5CRIPTION OF LAND Lots 1 and 2, Block A, WADES ADDITION OF NORTHWOOD ACRES, a subdivision of land in Riverside, Platte County, Missouri, according to the recorded plat thereof. i I 9 EXHIBIT B DISCLOSURE OF INFORMATION ON LEAD-BASED PAINT ANDlOR LEAD-BASED PAINT HAZARDS Lead Warning Statement Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the seller's possession and notify the buyer of any known lead- based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase. Seller's Disclosure (a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below): (i) Known lead-based paint and/or lead-based paint hazards are present in the house (explain). (ii) _� Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the house. (b) Records and reports available to the seller (check (i) or (ii) below): (i) Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the house (list documents below). (ii) � Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the house. Purchaser's Acknowledgment (initial) (a) Purchaser has received copies of all information listed above. (b) Purchaser has received the pamphlet Protect Your Family from Lead in Your Home. (c) Purchaser has (check (i) or (ii) below): (i) received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or (ii) waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards. �� Agent's Acknowledgment (initial) (a) Agent has informed the seller of the seller's obligations under 42 U.S.C. 4852d and is aware of his/her responsibility to ensure compliance. Certification of Accuracy The following parties have reviewed the information above and certify, to the best of their knowledge, that the ' formation they have provided is true and accurate. /�!" "� G� zf . �j `'� ( i,�t���.z.�c �� /�' � ��� Seller Date Seller Date CL� �/�/�� Purchaser Date urchaser Date Agent Date Agent Date 12