HomeMy WebLinkAbout960582.tiff CONTRACT TO BUY AND SELL REAL ESTATE
(Remedies Include Specific Performance)
March /3 , 1996
1. The undersigned hereby acknowledges having received from
s horz id c' S'du> e (ci the sum of 3: 3 /vv o , 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:
ERIE: EA-TE2 PT TRACT D ERIE AIR PARK SUB COMM SW
COR SEC 31 1 68 N0D01'E 736.84' S89D34'E 410' M/L TO E LN
OF AIRPORT DR TO POB S89D34'E 281.88' M/L N01 D04'E 450'
TO AIRPORT DR THENCE SWLY & SLY ALONG E LN OF
AIRPORT DR TO POB
together with all easements and right-of-way appurtenant thereto, hereinafter called the
property.
2. The undersigned person(s)She40143 SCk1oct eta , 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. 33 s f 00 , payable as follows: 3,3 fO.O 0
which is a portion of sales price and hereby receipted for, and the remainder to be paid
in cash or certified funds at the time of closing.
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.
PLICC O
960582
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.
(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 March 20, 1996, 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:
E ��� / n� BOARD OF COUNTY COMMISSIONERS
: u" o ,---WELD OUNTY, COLORA O
Pro1861 ty Clerk to the Board BY: ,0}-,./L 4
f i Chair
0t • 915 10th Street
07? 1 Greeley, CO 80631
: )A� eputy CI k to the Board
(The following section to be
completed by purchaser)
15. Purchaser accepts the above proposal this 1,31-1-3-‘ day of March, A.D., 1996.
PURCHASER:
(Signature)
L sue/. (g! >r.t air-.
,_(Address)
1],2 w? . t 7, 3
441-
SUBSCRIBED AND SWORN to before me this /•3 day of March, 1996.
.••WITNE$S my hand and official seal.
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(Notary Publ c) (23
My commission expires:
MY JAN ` S
UARY110, 1999
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NOTICE OF PUBLIC SALE
PUBLIC NOTICE is hereby given that the following real property, acquired by the County of Weld,
State of Colorado, by tax deeds, will be offered for sale:
ERIE: EA-TE2 PT TRACT D ERIE AIR PARK SUB COMM SW
COR SEC 31 1 68 NOD01'E 736.84' S89D34'E 410' M/L TO E LN
OF AIRPORT DR TO POB S89D34'E 281.88' M/L N01 D04'E 450'
TO AIRPORT DR THENCE SWLY & SLY ALONG E LN OF
AIRPORT DR TO POB
Inspection of the property can be made by appointment only, and any additional information
pertaining to the property and bid instructions may be obtained from the Weld County Purchasing
Department, 915 10th Street, Greeley, Colorado, telephone number (970) 356-4000, Ext. 4221.
Sealed bids will be received in the Office of the Purchasing Director, Weld County Centennial
Center, Second Floor, 915 10th Street, Greeley, Colorado, until 8:30 a.m. on Wednesday, March
13, 1996, for the property.
The bids will be opened and read aloud during the regularly scheduled Weld County
Commissioners' Board Meeting held in the assembly room on the first floor of the Centennial
Building, 915 10th Street, Greeley, Colorado, on Wednesday, March 13, 1996. The exact time of
the reading will not be specified; however, the Weld County Board Meeting begins at 9:00 a.m., and
bids will be listed on the agenda. After the bids are read, an auction will be held and only the
persons having submitted the two highest sealed bids and anyone within 10% of the highest sealed
bid will participate in the auction.
It is understood that the Board of Weld County Commissioners reserves the right to reject any or
all bids, to waive any informalities in bids, and to accept the bid that, in the opinion of the Board,
is to the best interests of the Board and of the County of Weld, State of Colorado.
WELD COUNTY, COLORADO
BY: --e-t....---,___..e___.41
Pat Persichino,
Purchasing Director
Date: February 21, 1996
Published: February 29, 1996, in the North Weld Herald
(").1
Abbreviated notice publish February 28, 1996, in the Farmer-Miner
/VP
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