HomeMy WebLinkAbout841119.tiff RESOLUTION
RE: APPROVE CONTRACT WITH DAVID W. SNYDER FOR SALE OF LOT 8 ,
BLOCK 7 , FIRST ADDITION, TOWN OF PIERCE, WELD COUNTY,
COLORADO, AND AUTHORIZE CHAIRMAN TO SIGN
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, on November 26 , 1984 , the Board did approve the sale
of Lot 8 , Block 7 , First Addition, Town of Pierce, Colorado, to
David W. Snyder, and
WHEREAS, the contract for the sale of said property has now
been presented to the Board for its approval, and
WHEREAS, the purchase price shall be $688 . 00 , payable as
follows: $37 . 00 which is a portion of sales price hereby receipted
for and the remainder to be paid in cash or certified funds at
$108 . 50 per month for a period of six months commencing January 1 ,
1985 , and
WHEREAS , the further terms and conditions are as stated in
the contract, a copy of which is attached hereto and incorporated
herein by reference.
WHEREAS, after study and review, the Board deems it advisable
to approve said contract.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado, that the contract for the
sale of Lot 8 , Block 7 , First Addition, Town of Pierce, Colorado,
between Weld County, Colorado, and David W. Snyder be, and hereby
is approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said contract.
[) <<,.
841119
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 10th day of
December, A.D. , 1984 .
4-�j 'f BOARD OF COUNTY COMMISSIONERS
ATTEST : ti 1} 0,.A.�n-i"Q-WI/t4 Ft '1 WELD COUNTY, COLORA�D/O
(1
Weld County Clerk and Recorder Y-,,,,,� �(.20_44#,___
and Clerk to the Board Norman Carlson, Chairman
/ J..1 ue
BY: b7X-pc-Loi (( re izj J I . ue ne Jo s .n, Pro-Tem
eputy County Clerk p
APPROVED AS TO FORDO: e Bra ne
CC yak Carlson XL;
County Attorney )y�,yij )27rfiXL;
in T. Martin
VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
December 10 , 1984
1 . The undersigned hereby acknowledges having received from
David W. Snyder the sum of $37 . 00 , in the form of certified funds ,
to be held by Weld County, in trust account, as earnest money and
part payment for the following described real estate in the Town
of Pierce, County of Weld, Colorado, to wit:
Lot 8 , Block 7 , First Addition, Town of Pierce
together with all easements and right-of-way appurtenant thereto,
hereinafter called the property.
2 . The undersigned person (s) David W. Snyder hereinafter
called Purchaser, hereby agrees to buy the Property, and the Board
of County Commissioners of Weld County, hereinafter called Seller,
hereby agrees to sell the Property upon the terms and conditions
stated herein.
3 . The purchase price shall be U. S. $688 . 00 , payable as
follows : $37 . 00 which is a portion of sales price hereby
receipted for and the remainder to be paid in cash or certified
funds according to the following schedule: $108 .50 per month for
a period of six months commencing January 1 , 1985 .
4 . Price to include vacant land only.
5 . Cost of any appraisal for loan purposes to be obtained
after this date shall be paid by Purchaser.
6 . Seller to provide warranty deed only. Title insurance
not to be provided by Seller.
7 . The date of closing shall be the date for delivery of
deed as provided in paragraph 8 . The hour and place of closing
shall be as designated by Seller.
8 . Title shall be merchantable in Seller, except as stated
in this paragraph and in paragraphs 9 and 10 . Subject to payment
or tender as above provided and compliance by Purchaser with the
other terms and provisions hereof , Seller shall execute and
deliver a good and sufficient general warranty deed to Purchaser
upon receipt of final payment or, by mutual agreement, at an
earlier date , conveying the Property free and clear of all taxes ,
and free and clear of all liens for special improvements installed
as of the date of Purchaser' s signature hereon, whether assessed
or not; free and clear of all liens and encumbrances , and except
the recorded and/or apparent easements and subject to building and
zoning regulations .
9 . Except as stated in paragraphs 8 and 10 , if title is not
merchantable and written notice of defect (s) is given by Purchaser
or Purchaser ' s agent to Seller or Seller' s agent on or before date
or closing, Seller shall use reasonable effort to correct said
defect (s) prior to date of closing. If Seller is unable to
correct said defect (s) on or before date of closing, at Seller' s
option and upon written notice to Purchaser or Purchaser' s agent
on or before date of closing, the date of closing shall be
extended thirty days for the purpose of correcting said defect (s) .
Except as stated i paragraph 10 , if title is not rendered
merchantable as provided in this paragraph 9 , at Purchaser' s
option, this contract shall be void and of no effect and each
party hereto shall be released from all obligations hereunder and
all payments and things of value received hereunder shall be
returned to Purchaser.
10 . Any encumbrance required to be paid may be paid at the
time of settlement from the proceeds of this transaction or from
any other source. Provided , however, at the option of either
party, if the total indebtedness secured by liens on the Property
exceeds the purchase price , this contract shall be void and of no
effect and each party hereto shall be released from all
obligations hereunder and all payments and things of value
received hereunder shall be returned to Purchaser.
11 . Possession of the Property shall be delivered to
Purchaser on closing date.
12 . In the event the Property is substantially damaged by
flood or other casualty between the date of this contract and the
date of delivery of deed, Purchaser may elect to terminate this
contract; in which case all payments and things of value received
hereunder shall be returned to Purchaser.
13 . Time is of the essence hereof. If any note or check
received as earnest money hereunder or any other payment due
hereunder is not paid, honored or tendered when due , or if any
other obligation hereunder is not performed as herein provided,
there shall be the following remedies :
(a) IF SELLER IS IN DEFAULT , (1) Purchaser may elect to
treat this contract as terminated, in which case all payments
and things of value received hereunder shall be returned to
Purchaser and Purchaser may recover such damages as may be
proper, or (2) Purchaser may elect to treat this contract as
being in full force and effect and Purchaser shall have the
right tc an action for specific performance or damages , or
both.
(b) IF PURCHASER IS IN DEFAULT, (1) Seller may elect to
treat this contract as terminated, in which case all payments
and things of value received hereunder shall be forfeited and
retained o behalf of Seller and Seller may recover such
damages as may be proper, or (2) Sell may elect to treat this
contract as being in full force and effect and Seller shall
have the right to an action for specific performance or
damages , or both.
(c) Anything to the contrary herein notwithstanding, in
the event of any litigation arising out of this contract, the
court may award to the prevailing party all reasonable cost
and expense , including attorneys ' fees.
14 . If this proposal is accepted by Purchaser in writing and
Seller receives notice of such acceptance on or before December
15 , 1984 , this instrument shall become a contract between Seller
and Purchaser and shall inure to the benefit of the heirs ,
successors and assigns of such parties.
SELLER:
BOARD OF COUNTY COMMISSIONERS
ATTEST:�n rtuph, , WELD COUNTY, COLORADO
Weld County lerk and Recorder By:
and Clerk to the Board Chairman
915 10th Street
I Greeley, CO 80631
By.
De uty County Cle k
(The following section to be completed by Purchaser)
15 . Purchaser accepts the above proposal this day of
December , 1984 .
PURCHASER:
�cJ ✓3o X oZ 9 7
(Address)
f'�� y3 7-0 two
SUBSCRIBED AND SWORN to before me this -Y(.O day of /1/4. 00,)--)
19?S
WITNESS my hand and official seal.
Not ry Public
My commission expires : 20- 21G
Hello