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HomeMy WebLinkAbout790564 RESOLUTION RE: APPROVING AN AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE COVERING THE OLD WELD COUNTY NURSING HOME. WHEREAS, the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, an agreement for sale and purchase of real estate has been executed by Barry E. Serlis, as purchaser and Weld County, Colorado as the Seller covering the sale of Lots 1, 2, 3, 4 and 5 inclusive, Cranford Subdivision, Block 162, City of Greeley, Weld County, Colorado for the total sum of $100, 000. 00, a copy of said agreement for sale and purchase of real estate being attached hereto and incorporated by reference at this point, and WHEREAS, the Board of County Commissioners of Weld County, Colorado deem it advisable and in the best interests of Weld County to execute said agreement for sale and purchase of real estate and accept the down payment tendered therewith. NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado that the agreement for sale and purchase of real estate covering the Old Nursing Home pro- perty owned by Weld County, Colorado be, and hereby is, approved and the Chairman of the Board of County Commissioners of Weld County, Colorado is authorized and directed to execute said agree- ment. The above and foregoing Resolution was , on motion duly made and seconded, adopted by the , following vote on the 12th day of March, A.D. , 1979. BOARD OF COUNTY COMMISSIONERS ATTEST: IY' /la ELD COUNTY, COLORADO Weld County Clerk and Recorder +— rBya"--'\(Clerk to the B rd , /J- eputy County Clerk x - �PFRO D AS TO FORM: --- 9e,./ �r.:,°-147-2-17741W,‘ County Attorney DATE PRESENTED: MARCH 12, 1979 p.(U //Coco / 1 / 790564 I ` �_( . .r . r ,`.., , AGREEMENT FOR SALE AND PURCHASE OF REAL ESTATE THIS AGREEMENT, made at Greeley, Colorado, this 12th'.day of March, 1979, between WELD COUNTY, a Political Subdivision of the State of Colorado (Seller) and BARRY E. SERLIS, (Purchaser) . WITNESSETH that in consideration of the payment by Purchaser to the Seller the sum of One Hundred Thousand Dollars ($100 ,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 easements 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 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 commit- ment from F.H.A. for Section 221 (d) (4) financing for housing for the elderly. 3. That subject to the approval and disbursement of the aforementioned commitment and loans as provided for in 1 and 2 hereinabove, Purchaser agrees to pay for subject property the sum of One Hundred Thousand Dollars ($10, 000. 00 to be paid down as per this Agreement and $90 ,000. 00 to be paid to the Seller upon closing as hereinafter provided) . 4. It is understood and agreed that Purchaser has made appli- cation for a loan upon said premises and improvements , and that Pur- chaser shall pay to Seller $10,000. 00 upon execution of this Agreement. 5. The parties to this Agreement declare that the closing of the sale of the real property covered by this Agreement shall occur I/ C on June 1, 1979 unless an earlier date is agreed upon by both parties to this Agreement. 6. Time is of the essence and if closing does not occur on or before June 1, 1979, then this Agreement shall be void and of no effect at the option of the party not in default. In the event of such default by Purchaser and if the Seller elects to treat the Agreement as void, then the $10 ,000. 00 earnest money shall be retained by the Seller as liquidated damages. In the event the non-defaulting party elects to treat this Agreement as being in full force and effect, then nothing herein shall be con- strued to prevent its specific performance. 7. 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 insurance policy by which a marketable title to the above described property free and clear of liens and encumbrances is insured by the Seller. 8. Hazard insurance covering the improvements on said pro- perty shall be carried by the Seller from and after the date of the execution of this agreement and until closing. 9. Title to said property shall be conveyed by Weld County, free and clear of liens and encumbrances but subject to reservations, exceptions, covenants, conditions and restrictions evidenced by instruments of record, rights-of-way and easements created by instruments of record or established on the premises . IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names the day and year first above written. BOARD OF COUNTY COMMISSIONERS ‘71.1ATTEST: th�� ^ � WELD COUNTY, COLORADO Weld County Clerk and Recorder SEL ER• lerk to the B rd BY: 02714- nie ` By: Norman Carlson, Chairman puty Count Clerk AP ED AS TO FORM: County Attorney PURCHA ER: By: 44-4; arry . Serli Serlis Hello