HomeMy WebLinkAbout740643.tiff RESOLUTION
RE: AUTHORIZING THE BOARD OF COUNTY COMMISSIONERS,
WELD COUNTY, COLORADO TO SIGN PURCHASE AGREE-
MENT WITH THE CITY OF GREELEY, COLORADO FOR
THE PURCHASE OF REAL ESTATE IN GREELEY, WELD
COUNTY, COLORADO.
WHEREAS, the Board of County Commissioners, Weld County,
Colorado, has considered condemning certain real estate adjacent to
other Weld County property in Greeley, Colorado, being the property
of the City of Greeley, Colorado, and
WHEREAS, the Board of County Commissioners, in behalf of
Weld County, Colorado, and the City of Greeley, Colorado, have
determined the terms and conditions upon which the Board of County
Commissioners shall purchase those certain premises described as
Lots 17 and 18, in Block 65, City of Greeley, Weld County, Colorado,
for Weld County, Colorado, per Agreement, copy of which is attached
hereto and made a part hereof by reference, and
WHEREAS, the Board believes it to be in the best interest of
Weld County to purchase said premises on the basis recited therein,
and
WHEREAS, the Board finds no necessity for bringing a condem-
nation action to acquire said property.
NOW, THEREFORE, BE IT RESOLVED, by the Board of County
Commissioners, Weld County, Colorado, that said agreement with the
City of Greeley, Colorado, providing for the purchase of the afore-
mentioned property by Weld County, Colorado, copy of which is attached
hereto and made a part hereof by reference be, and it hereby is approved.
BE IT FURTHER RESOLVED, that the Board be, and it hereby is
authorized to execute the Agreement as submitted and to make the same
effective forthwith.
The above and foregoing Resolution was, on motion duly made and
seconded, adopted by the following vote on the day of June, A. D. ,
1974.
BOARD OF COUNTY COMMISSIOI'.E RS
WELD COUNTY, COLORADO
72
ATTEST: -7 f a �GZ /�
Weld County Clerk and Recorder
and Clerk to the Board,
By J tn.- , (c4,./
Deputy Co my Cler
APPROVE-II: AS TO
T ,(Q
County Attorney
740643
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MEMORANDUM OF AGREEMENT
THIS AGREEMENT, made and entered into this 4th day of June,
A. D. , 1974, by and between THE CITY OF GREELEY, COLORADO,
a Municipal Corporation, as Seller ("City"), and THE COUNTY OF
WELD, COLORADO, as Buyer ("County"),
WITNESSETH:
WHEREAS, this agreement pertains to a parcel of real property
described as Lots 17 and 18, in Block 65, City of Greeley, Weld
County, Colorado, according to the recorded map or plat thereof
(hereinafter referred to as "the property"), and
WHEREAS, the City has possession of the property as lessee
under a Lease Agreement dated December 11, 1959, which provides
the City with an option to purchase the property, and
WHEREAS, the property is located on the southwest corner of said
City block; the property is presently used for public parking of vehicles;
and the City block of which said property is a part is now devoted
exclusively to public purposes, including the Weld County Courthouse,
the Weld County Jail, administrative office space, and other public
parking areas; and the City block of which the property is a part is
located in the central business district of Greeley, Colorado, and
WHEREAS, the County desires to purchase the property for its own
use, in conjunction with its other property in said City block, for the
construction of a new County Services Building, and
WHEREAS, the City recognizes the public importance of a new
County Services Building within the City of Greeley, Colorado, and
recognizes that it is necessary for the County to acquire the property
as part of that project, and
WHEREAS, the City is willing at this time to exercise its option
to purchase the property and to immediately resell the property to
the County, in consideration of the payment of the purchase price as
hereinafter set forth.
•
NOW, THEREFORE, it is agreed as follows:
1. The City hereby agrees to sell and the County hereby agrees
to purchase the aforementioned property for a total purchase price of
$165, 000. 00 to be paid by the County to the City.
2. At the time of conveyance, the City will have marketable
title to the property and the property will be free and clear of all
liens and encumbrances, including any vendor's lien. Conveyance
will be by special Warranty Deed delivered to the County at the time
of closing and the payment of the purchase price. The City will
deliver to the County an abstract of title which it now has or which it
agrees to obtain and shall bring same up to date or shall have the
option to provide a title insurance policy in its discretion.
3. The closing shall take place thirty days after the effective date
of an ordinance to be passed by the City authorizing the consummation
of the sale provided for by this agreement.
4. At the closing, the City shall deliver to the County a special
Warranty Deed conveying the property and the County shall deliver to
the City cash or certified funds in the amount of $165, 000. 00. In
addition, the City shall deliver to the County a written opinion from the
City Attorney stating that the Lease and Option Agreement of
December 11, 1959, does not and will not restrict the use of subject
property to public parking purposes.
5. The County shall have the right to take possession of the
property at such time as this agreement is signed by both parties, and
the City warrants that the property will be in its present condition
except as changed by ordinary wear and tear and by causes beyond the
control of the City.
6. The City agrees to vacate all alleys in subject Block 65 upon
proper presentation of a petition from the County to that effect so that
the construction of the services building may be initiated at the earliest
possible time.
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7. The final consummation of the sale provided for by this agree-
ment shall constitute a formal recognition by the City and the County of
the matters recited above.
8. Any breach of this agreement shall entitle the other party to
seek judicial enforcement of the agreement or to seek damages for
breach of contract, or to seek any other judicial remedy, including the
remedy of specific performance.
9. The County may not assign the right to purchase granted by this
agreement, without the express written consent of the City.
This agreement shall be binding and shall inure to the benefit of
the parties hereto, their successors and assigns.
Executed the date and year first above written.
CITY OF GREELEY, COLORADO THE COUNTY OF WELD, BY THE
BOARD OF COUNTY COMMISSIONERS
By OF WELD OUNTY:
Mayor
ATTEST:
City Clerk
APPROVED: ATTEST:c;":":%_ .xZC
Weld County Clerk and Recorder and
City Manager Clerk to the Board
By\
City Attorney ,, Deputy County lerk
APP .DV w pS TO EOR.M:
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County Attor ey
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