HomeMy WebLinkAbout920326.tiff AR229OT49
RESOLUTION
RE: APPROVE VACANT LAND CONTRACT TO BUY AND SELL REAL ESTATE AND AUTHORIZE
CHAIRMAN TO SIGN NECESSARY DOCUMENTS
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, the Board has been presented with a Vacant Land Contract to Buy
and Sell Real Estate between Weld County and Marlene Giffin, with the terms and
conditions being as stated in said contract, and
WHEREAS, said contract concerns property described as Lots 10 and 11, Block
46 in H-J Subdivision, Town of Nunn, County of Weld, Colorado, and
WHEREAS, after review, the Board deems it advisable to approve said
contract, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld
County, Colorado, that the Vacant Land Contract to Buy and Sell Real Estate
between Weld County and Marlene Giffin be, and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is,
authorized to sign said contract and any other necessary documents.
The above and foregoing Resolution was, on motion duly made and seconded,
adopted bythe'fotlowing vote on the 13th day of April, A.D. , 1992.
BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld Count *, tg rtre Board
Geo e Ke edy, Cha nniff
BY: -4-1.k /J.-74-zrfc
Deputy a-to the Board Constance L. Harbert, Pro-Tem
APPROVED A TO FORM: �l
Oa _ _ :- // C. W. Kirb
County Attorney Gordon . ,ccy4 0
W. H. Webster
B 1338 REC 02290749 06/05/92 14:37 $0 .00 1/005
F 1736 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920326
-OPovo9 Lc, ; Irn
VACANT LAND
CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
March 25, 1992
1. The undersigned hereby acknowledges having received from Marlene
Giffin the sum of $100.00 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, to wit:
Lots 10 and 11, Block 46 in H-J Subdivision,
Town of Nunn, County of Weld, Colorado
together with all easements and right-of-way appurtenant thereto, hereinafter
called the property.
2. The undersigned person(s) Marlene Giffin 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. $100.00, payable as follows:
$100.00 which is the sales price and hereby receipted for.
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 special 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 special
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.
B 1338 REC 02290749 06/05/92 14 : 37 $0 .00 2/005
F 1737 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO 920326
APA1m9
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 of 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 in 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 to 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 on behalf of Seller
and Seller may recover such damages as may be proper, or (2) Seller 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.
B 1338 REC 02290749 06/05/92 14: 37 $0 . 00 3/005 (3r.flii"y"
F 1738 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO v . 0 eA.
(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 April 2, 1992, 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:
fiat/ BOARD OF COUNTY COMMISSIONERS
ATTEST: 'feal WELD COUNTY, COLORADO
Weld `'Clerk to the Board BY:
C airman
�.� 915 10th Street /) 9a
BY: Greeley, CO 80631
Cl yto the Board
( following section t o be
camp.letea. by pan rchaser )
15. Purchaser accepts the above proposal this day of March,
A.D. , 1992.
PURCHASER:
90 ?0 — c77o�
�addiess) rd
A r t
SUBSCRIBED AND SWORN to before me this -).5 day of March, 1992.
WITNESS my hand and official seal.
"inn= '•., riL__"77/
(Notary Public)
; My commission expires:
sue••., MY COMMISSION EXPIRES JUNE 8, 1994
F,OF''CO'"
B 1338 REC 02290749 06/05/92 14 :37 $0 .00 4/005 Nb�
F 1739 MARY ANN FEUERSTEIN CLERK & RECORDER WELD CO, CO ,F,2,01.2`;
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