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R2023-227 Resolution Authorizing Farmland Real Estate Purchase in Dewitt County Pursuant to the Water Consultant's Recommendations (Intera)
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R2023-227 Resolution Authorizing Farmland Real Estate Purchase in Dewitt County Pursuant to the Water Consultant's Recommendations (Intera)
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Last modified
10/20/2023 11:23:58 AM
Creation date
10/18/2023 12:50:05 PM
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Resolution/Ordinance
Res Ord Num
R2023-227
Res Ord Title
R20232-227 Resolution Authorizing Farmland Real Estate Purchase Pursuant to the Water Consultant's Recommendations Dewitt County Intera
Department
City Manager
Approved Date
10/16/2023
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DocuSign Envelope ID:B6AD9789-9E00-4D4B-A4D2-BODECF42C8E5 <br /> 4. REAL ESTATE TAXES-Drainage Taxes and Special Assessment <br /> The 20 22 real estate taxes, special assessments due and payable in 2023 shall be paid by Seller <br /> The 2023 real estate taxes, special assessments due and payable in 2024 shall be paid by Seller <br /> If payment is the responsibility of the Seller, (a) taxes will be paid at closing,or(b) X Buyer shall be credited for the <br /> 2023 real estate taxes at closing, based upon the most current and available information, including confirmed multipliers. <br /> T44e-2-0— re-al estate taxes,speGial assessmeRts due and payable FR 20 shall be pFgrated to the date 9f G1064A <br /> The 20 23 drainage taxes due and payable in 20 23 shall be paid by Seller(if any) <br /> If Buyer receives a credit at closing, payment of said taxes for which the credit is applicable is now the responsibility of the Buyer. <br /> 5. CROPS AND EXPENSES <br /> Seller X /Buyer shall receive the Landowner share of crops or 100 %of the cash rent for the 20 23 crop year. <br /> Seller_/Buyer X shall receive the Landowner share of crops or 100 %of the cash rent for the 20_24 crop year. <br /> Seller X /Buyer_shall pay 100 %of the Landowner's share of the 20 23 crop expenses. <br /> Seller X /Buyer shall pay 100 %.ofd_ N/Aof the Landowner's share of the 20 23 crop expenses, <br /> incurred prior to closing. <br /> 6. GOVERNMENT AGRICULTURAL PROGRAM PAYMENTS <br /> A. Buyer agrees to continue to honor any existing government agricultural program contracts affecting the Property, and agrees to <br /> indemnify and hold harmless Seller for any damage Seller may sustain by reason of any failure of Buyer to keep or perform any <br /> of the covenants and obligations provided to be kept or performed under the terms and conditions of any such contracts by <br /> Seller. <br /> B. —shall <br /> Seller_/Buyer X shall receive the landowner share of ARC/PLC government program payments for the 20 24 crop year. <br /> Current Tenant 'R—/shall receive the landowner share of ARC/PLC government program payments for the 20 23 crop year. <br /> C. Seller X /Buyer shall receive the landowner share of government conservation program payments for the 20 23 crop year. <br /> Seller /Buyer X shall receive the landowner share of government conservation program payments for the 20 24 crop year. <br /> D. Other Government program payments: (If applicable note program name(s), recipient,and crop year below.): <br /> Any 2023 and prior payments to Seller.Any 2024 and later payments to Buyer <br /> 7. LEASE ASSIGNMENT/TERMINATION <br /> A. There is X isnot currently a tenant in possession of the Property. Seller shall X shall not be responsible for <br /> the assignment of the current farm lease with the tenant in possession of the Property to the Buyer. <br /> B. Seller shall X shall not_be responsible for the termination of the rights of any tenant in possession of the Property. If <br /> Seller is responsible,then Buyer shall have the right to demand satisfactory evidence that the rights of all parties to possession <br /> have been terminated. <br /> 8. ATTORNEY REVIEW(check if applicable X <br /> The parties shall have until 5:00 p.m. Central Time on October 16 20 23 ("Review Period")to have the Contract <br /> reviewed by their respective attorney, and that attorney may propose modifications within the Review Period,except that an attorney may <br /> not propose changes in price or the date of closing. If the Parties do not reach agreement on any proposed modification and written <br /> notice terminating this Contract is given to the other within the Review Period,this Contract shall be null and void and any earnest money <br /> refunded to Buyer. If written notice is not served within the Review Period,this provision shall be deemed waived by the parties and this <br /> Contract shall remain in full force and effect. <br /> 9. CONVEYANCE <br /> A. At closing Seller shall convey and transfer the Property to Buyer by Warranty Deed,Trustee's Deed,appropriate assignment,or <br /> other similar acceptable instrument of conveyance,which instrument shall be subject to the exceptions permitted herein, <br /> releasing homestead. At the same time the balance of the purchase price then due shall be paid and all documents relative to <br /> the transaction shall be signed and delivered. In the event the Buyer shall assume an existing indebtedness,cost of such <br /> assumption shall be borne by Buyer. <br /> er. <br /> B. At Closing Seller shall deliver to Buyer a completed Real Estate Transfer Declaration signed by Seller in the form required <br /> pursuant to the Real Estate Transfer Tax Act of the State of Illinois. Any transfer tax imposed by the Real Estate Transfer <br /> Declaration shall be paid by Seller X /Buyer <br /> C. Recording fees imposed on the recording of the deed shall be paid by Seller /Buyer X <br /> 2 <br /> DS <br /> ©REALTORS®LAND I SplpfE©ILLINOIS CHAPTER FOR THE USE OF MEMBERS ONLY-2022 <br /> Seller's Initials Seller's Initials Buyer'sInitial`s.. l� i�Buyer's Initials <br /> J <br />
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