HomeMy WebLinkAbout770504.tiff RESOLUTION
RE: AUTHORIZING THE COUNTY ATTORNEY TO SEND A SHOW CAUSE NOTICE
TO RICHARD MC COY REGARDING BREACH OF PURCHASE AGREEMENT OF
THE OLD 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, the Board of County Commissioners of Weld County,
Colorado, has noted that the liability insurance on the Old
Nursing Home located on Lots 1, 2 , 3, 4 and 5 inclusive , Cranford
Subdivision, Block 162 , City of Greeley, Weld County, Colorado,
has expired effective July 23, 1977 , and
WHEREAS, an agreement was entered into between Weld County
and C. Richard McCoy dated February 11, 1976 for sale and pur-
chase of the above-mentioned real estate, in which certain con-
ditions were agreed upon, and to date four of the ten conditions
have not been complied with by the purchaser, those four con-
ditions being as follows, to-wit:
1. That Purchaser shall proceed with due diligence to
develop subject property as elderly housing under the co-
operation of various government agencies , including the obtain-
ing of appropriate zoning therefor.
2 . That Purchaser will apply and can obtain a firm commit-
ment from F.H.A. for Section 231 financing for housing for the
elderly.
3. That Purchaser will apply and can obtain an award from
H.U.D. to provide Section 8 funds for elderly rental supplements
for the project.
8. Hazard insurance covering the improvements on said pro-
perty shall be carried by the Purchaser from and after the date
of the execution of this agreement and risk of loss thereafter
shall be the Purchaser, and proof of such insurance coverage shall
be delivered to Seller, and
WHEREAS, the Board of County Commissioners of Weld County,
Al
,.. 770504
Colorado, has directed the Weld County Attorney, Thomas O.
David, to issue a show cause notice to Mr. C. Richard McCoy,
requesting his presence at the August 3, 1977 regularly scheduled
meeting of the Board of County Commissioners to show cause why
the above-mentioned agreement should not be treated as void as
provided in paragraph 10 of said agreement, and
WHEREAS, the Board of County Commissioners has further re-
quested that C. Richard McCoy show cause at the August 3, 1977
Commissioners ' meeting, why he has not executed the Option Agree-
ment for Sale and Purchase of the above-mentioned real estate
dated June 13, 1977 between Weld County and C. Richard McCoy.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Com-
missioners of Weld County, Colorado, that the County Attorney
prepare a show cause notice to C. Richard McCoy requesting his
presence at the August 3 , 1977 regularly scheduled Board of
County Commissioners meeting regarding the above-described real
estate.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 27th day of
July, A.D. , 1977 .
BOARD OF COUNTY COMMISSIONERS
WE COUNTY, COL DO"IniaATTEST: ',.� �
Weld County Clerk and Recorder
and Clerk to the Board
/1
BY: �i` 1 x`- '`'y 71 c' t , '
Deputy Cogdty Clerk
APPROWED AS TO FORM:
C . ./41110-s-- oC>ed------a-0
County Attorney
Date Presented: August 8 , 1977
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,1 P. 0. Box 1948
W
PHONE [3031 3x11 4000 L:XI. 3(19
14i;Fi,. 915 10TH STHE ET
® GREELEY, COLORADO 80631
COLORADO
July 27, 1977
Richard McCoy
11931 West 58th Avenue
Arvada, Colorado 80004
Dear Mr. McCoy:
Be advised that this office represents the Weld County Board of
County Commissioners. You are requested to appear before the
Board of County Commissioners of Weld County, at the Weld County Centennial
Center, 915 10th Street, Greeley, Colorado, at the Board's regularly
scheduled meeting in the First Floor Meeting Room on Wednesday, August 3,
1977 at 9:00 A.M. to show cause why the contract executed by you on the
11th day of February, 1976, with the Weld County Board of County Commis-
sioners , regarding the following described real estate, to-wit:
Lots 1 , 2, 3, 4 and 5 inclussive, Cranford
Subdivision, Block 162, City of Greeley, Weld
County, Colorado,
should not be treated as void, as provided in paragraph 10 of said
agreement. In particular, you are requested to show evidence that you
have complied with the following paragraphs of that agreement, a copy of
which is attached hereto and incorporated herein by reference:
1 . That Purchaser shall proceed with due diligence to develop
subject property as an elderly housing under the cooperation of
various government agencies, including the obtaining of appro-
priate zoning therefor.
2. That Purchaser will apply and can obtain a firm commit-
ment from F.H.A. for Section 231 financing for housing for the
elderly.
3. That Purchaser will apply and can obtain an award from
H.U. D. to provide Section 8 funds for elderly rental supplements
for the project.
Richard McCoy
July 27 , 1977
Page 2
8. Hazard insurance covering the improvements on said property
shall be carried by the Purchaser from and after the date of the
execution of this agreement and risk of loss thereafter shall
be the Purchaser, and proof of such insurance coverage shall
be delivered to Seller.
And further, why you have not executed the option agreement dated June ,
1977 regarding said real estate and extending the period of your option
to purchase.
Very truly yours ,
/74e-il
R. Russell Anson � .
Assistant County Attorney
RRA:cc
cc: All County Commissioners of
Weld County, Colorado
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