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HomeMy WebLinkAbout760460.tiff RESOLUTION RE : AMENDMENTS TO AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE BETWEEN WELD COUNTY, COLORADO AND C. RICHARD McCOY. WHEREAS, the Board of County Commissioners of Weld County , Colorado, are vested with the authority of managing the affairs of Weld County, Colorado, and WHEREAS, on the 11th day of February, 1976, Weld County as Seller and C. Richard McCoy as Purchaser, entered into an agreement for sale and purchase of real estate wherein Weld County agreed to selland C. Richard McCoy agreed to purchase the following described real estate, to-wit : Lots 1, 2, 3, 4 and 5 inclussive , Cranford Subdivision, Block 162, City of Greeley, Weld County, Colorado, and WHEREAS, the Board of County Commissioners of Weld County, Colorado, deem it advisable to change certain of the terms of said agreement . NOW, THEREFORE, BE IT RESOLVED that said agreement for sale and purchase of real estate, a copy of which is attached to this Resolution and made a part hereof , is hereby amended to read as follows : 1 . Paragraph No. 5 is amended to read as follows : It is understood and agreed that Purchaser shall make an immediate application for a loan or loans upon said premises and improvements, and that pay- ments prior to the disbursement of said loan or loans shall be Five Thousand Dollars ($5 , 000. 00) cash in hand paid at the time of the signing of this contract , receipt of which hereby acknowledged, and the balance of the purchase price shall be due and payable upon approval and disbursement of said loan or loans and delivery of deed by Seller to the Purchaser . Interest on the $5, 000. 00 paid to the County , shall be retained by the County Commissioners for maintenance costs of the real estate described above. 2. Paragraph No. 7 is amended to read as follows : Taxes on said premises shall be the obligation of C. Richard McCoy from and after the date of closing. 3. Paragraph No. 10 is amended to read as follows : This transaction shall be closed by delivery of the deed, possession, title insurance commitment and payment of the balance of the purchase price on or before October 30, 1977. 4 0 ,c X14t Ii �, a 760460 The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 15th day of November, A.D. , 1976 . BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO X- 451:ilee-e92-,' ATTEST: Weld County Clerk and Recorder and Clerk to the Board ; BY: . /,L , < ;( ..A-hi " Deputy County 'Clerk r ' A1PRO ED AS TO FORM: ;f' County Attorney -2- AUHI?ERIENE l UH SALI' AND I'UR('II;1SP: .` OF HEAL ESTATE THIS AGREEMENT, Made at Greeley, Colorado, this 11th day of February, 1976, between WELD COUNTY, a quasi municipal corporation of the State of Colorado (Seller) and C. RICHARD McCOY, (Purchaser). — WITNESSETH THAT in consideration of the payment by Purchaser to the Seller the sum of One Hundred Eighty Six Thousand Dollars ($186, 000. 00) in cash, the Seller agrees to sell to the Purchaser the property, including all improvements thereon and all fixtures of a permanent nature currently on the _ premises except as may be provided for with all casements and rights-of-way and appurtenances thereto, more particularly described as follows: Lots 1, 2, 3, 4 and 5 inclusive, Cranford Subdivision, Block 162, City of Greeley, Weld County, Colorado. This agreement of sale and purchase is subject to the following conditions: 1. That Purchaser shall proceed with due diligence to develop subject ' property as an elderly housing under the cooperation of various government agencies, including the obtaining of appropriate zoning therefor. 2. That Purchaser will apply and can obtain a firm commitment from F. H.A . for Section 231 financing for housing for the elderly. 3. That Purchaser will apply and can obtain an award from H. U. D. to provide Section 8 funds for elderly rental supplements for the project. 4. That subject to the approval and disbursement of the aforementioned commitment and loans as provided for in 1, 2, and 3 hereinabove, Purchaser agrees to pay for subject property the sum of One Hundred Eighty Six Thousand Dollars ($186, 000. 00) upon disbursement of said F. H. A . loan. 5. It is understood and agreed that Purchaser shall make an immediate application for a loan or loans upon said premises and improvements, and that payments prior to the disbursement of said loan or loans shall be Five Thousand Dollars ($5, 000. 00) cash in hand paid at the time of the signing of this contract, receipt of which hereby acknowledged, and the balance of the purchase price shall be due and payable upon approval and disbursement of said loan or loans and delivery of deed by Seller to the Purchaser. 6. Seller shall furnish to Purchaser a commitment to insure the title to said property which shall reveal a marketable title to said property in the Seller and after full payment shall cause to be issued to Purchaser a title in- surance policy by which a marketable title to the above described property free and clear of liens and encumbrances is insured by the Seller. 7. Taxes on said premises for the year 1976 due and payable in 1977 shall be prorated as of date of closing. 8. Hazard insurance covering the improvements on said property shall be carried by the Purchaser from and after the date of the execution of this agreement and risk of loss thereafter shall be the Purchaser, and proof of such insurance coverage shall be delivered to Seller. 9. Title to said property shall be conveyed by Weld County, a, quasi municipal corporation of the State of Colorado, free and clear of liens and encumbrances but aubject to reservations, exceptions, convenants, conch- dons and restric' s evidenced by instruments of cord, rights-of-way and easements created by instruments of record or established on the premises. 10. This transaction shall be closed by delivery of the deed, possession, title insurance commitment and payments of the balance of the purchase price on or before October 30, 1976. Time is of the essence hereof and if any payment or the condition hereof is not made or performed by either Seller or the Purchaser as herein provided, then this contract shall be void and of no effect and both parties hereto shall be released from all obligations hereunder, at the option of the party not in default. In the event of such default by the Purchaser and the Seller elects to treat the contract as void, then said Five Thousand Dollars ($5, 000. 00) payment made by Purchaser shall be retained by the Seller as liquidated damages. In the event the non - defaulting party hereto elects to treat this contract as being in full force and effect, then nothing herein shall be construed to prevent its specific performance. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names the day and year first above written. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO SELLER: v Glenn K. Billings, Chairman/ Victor L. Jacobucci c Roy riser - A ' AO' June Steinmark ATTEST: Weld County Clerk and Recorder Norman Carlson and Clerk to the Board a:," � t'h � ���-,, {it G PURCHASER : "Deputy County Clerk I ( ) 2 A PPROVED AS TO FORM: ( % s% C. Richard McCoy ' Special Legal Counsel 4 ,(_. 93Osedataere ZS -2- Milton J. Maslalii, Assistant to the Pr^"dent Denver ' olorado 8021/ Teleph 303 292-2900 November 9, 1976 4f, First Denver Mortgage Company Mr. Dick McCoy .11931 West 58th Ave. Subsitliary of Firs.Nabonal(3anunpor anon Arvada, Colorado 80002 Re: Proposed 76 Unit Elderly Project Greeley, Colorado Dear Dick: We are happy to have the Arvada House elderly project closed and look forward to watching the building go up. We are convinced this project will be successful in the Arvada area. I have had conversations with the appropriate people at HUD and the Colorado Housing Finance Authority concerning your Greeley project and I am optomistic that Section 8 funds will be made available from the FY' 77 allocations. I would recommend that you go ahead and prepare your application for FHA. The mechanics of finance will be like the Arvada House project using Colorado Housing Finance Authority interim financing and GNMA "Tandem" permanent financing. We look forward to working with you on this project and are prepared to make the necessary applications to the various agencies at your direction. Sincerely,°711M. J. stalir Assistant to the President MJM/db p ara.. y e yw. 9' ur t w" c +, w m y U9CL7rr.�_r.nth P i l ;,►�-� ..�'^_.1_ A 7y ,.,AI.-.dl� �rr r --1 s7 a s NMp.t't^w . a lord a l H�F ��, u «• 3 iAr aL Ti 1 .l mt�s'& T � - x r� � ( ( 1 4,4 • "Y^.. sISZ 6t: 71 M 1. y; "iy;' '•IA M ro Y It Tfft ga" 44 - V t' jot ti 44r 41-52:70-^>44, n41 -IN ytt GREELEY CIVIC CENT EH GREELEY. COLORADO 60611 PHONE 1303, 353-6121 October 20 , 1976 Mr. Richard McCoy 11931 W. 58th Ave . Arvada , CO 80002 Dear Mr. McCoy : This letter is in response to your inquiry regarding, justifi- cation of our additional elderly housing units in the City of Greeley . The Housing Assistance Plan that was approved this year by the community development representative from HUD definitely shows a need for elderly housing in the City . In fact , for the 1976- 1977 fiscal year we have included a request for 100 units of new construction elderly housing and 80 units of substantial rehabilitation elderly housing . Our goal for the three years includes additional requests in the subsequent years for eld- erly housing. These requests , however , are scaled down for the purpose of integrating them into the overall housing demands for low-income housing in the City of Greeley . Confusion might exist on HUD' s part since the City requested an amendment to last year' s Housing Assistance Plan to include your 80 unit substantial rehabilitation project. - If they are assum- ing we received the allocation and that those units are under construction , then I could understand the concerns that they ex- pressed. In fact , we did not receive allocations for those units and the 76 units that you are asking for in this year' s allocation is the same project. I would hope that the HUD officials would view the housing shortage "A COMMUNITY OF PROGRESS" Mr. Richard McCoy October 20 , 1976 Page 2 dilemma that the City has with a critical eye. Any type of housing at this point and time would definitely be of assistance . I would strongly support your request and would be available to you or to the HUD officials if any questions arise . Sincerely , - Sam Sasaki Planning Director SS : eg p1V[Mr pF o'°> 11 , inn 1o, DEPARTME OF HOUSING AND URBAN DEVELO =NT N I " U F EDERAL HOUSING ADMINISTRATION ' •W Il+lll�ll *° * • DENVER INSURING OFFICE a° TITLE BUILDING, 909 — 17TH. STREET °j3430 x+° • DENVER, COLORADO 80202 REGION VIII Federal Building 1961 Stout Street October 28, 1976 -:. , Denver, Colorado 80202 IN REPLY REFER TO: 8.1U 837-2475 Mr. Richard McCoy 11931 West 58th Avenue .pF , Arvada, Colorado 80002 Dear Mr. McCoy: Subject: Old Weld County Hospital NE Corner 11th Ave. at 16th St. Greeley, Colorado ;":F� Representatives from our Architectural , Valuation and Cost Branches have inspected the Old Weld County Hospital and find the property to be sound and acceptable for sub- stantial rehabilitation , and we invite you to make an • application. Sincerely, pepsonern— Ri//ar ii,{/( / 'L �`dfi L. arsh Chief Underwriter ,,_.... thAC plommow s.,p.4% .ryW�.. h.xw J �' y ,,,,Y4^,79.e, itti .,:,C:4"w . -a•3 x ^w �«., ..,..e,,w+ aLb;"^' ' ;' `",,,w"" "">v"' ,u,�'r. eiwba4A/YiW�1�!'�,wfR�.J... ,+vslM� tit`i>t W 'al*u. w+� ,I � y,.w'"1.n '" ��+ ..'�r'�'�15, h"w Hello