No preview available
HomeMy WebLinkAboutC87-076 buy/sell with Mary Schrum and Helen Taylorffis t C-87-76-54 CONTRACT TO BUY AND SELL REAL ESTATE (Remedies Include Specific Performance) May 1k , 1987 1. The undersigned County of Eagle, State of Colorado, by and through its Board of County Commissioners, hereinafter called Purchaser, hereby agrees to buy, and the undersigned Owners, hereinafter called Seller, hereby agree to sell, upon the terms and conditions stated herein, the following described real estate situate in the County of Eagle, State of Colorado, to wit: See Exhibit A attached hereto and made a part hereof by this reference together with all easements and rights-of-way appurtenant thereto, and all improvements thereon and all fixtures of a permanent nature currently on the premises except as herein- after provided, in their present condition, ordinary wear and tear excepted, and hereinafter called the Property.. 2. The purchase price shall be U.S.$400.00, payable as follows: By Eagle County Warrant in the amount of Four Hundred and no/100 Dollars payable to the undersigned Seller upon execution of this Contract by all parties hereto. 3. This Contract is not contingent upon the obtaining of a loan by Purchaser from a third party. 4. The date of closing shall be the date for delivery of deed as provided in Paragraph 5. 5. Title shall be merchantable in Seller, except as stated in this paragraph and in Paragraphs 6 and 7. 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 within ten days of the date hereof via Certified Mail, return receipt requested, to Purchaser at the address for giving notices below, or by mutual agreement, at an earlier date, conveying the Property free and clear of all taxes, except the general taxes for the year of closing, and except NONE free and clear of all liens for as of the date of Purchaser's assessed or not; free and clear except NONE special improvements installed signature hereon, whether of all liens and encumbrances except the following restrictive covenants which do not contain a right of reverter: NONE and except the following specific recorded and/or apparent easements: and subject to building and zoning regulations. 6. Except as stated in Paragraphs 5 and 7, 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 Pur- chaser 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 7, if title is not rendered merchantable as provided in this paragraph 6, or if this contract is not executed by Seller within ten (10) days of the date hereof, 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. 7. 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. 8. General taxes for the year of closing shall be paid by Seller. 9. Possession of the Property shall be delivered to Purchaser on the date of closing as provided in Paragraph 5. -2- 10. 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 notwithstand- ing, in the event of any litigation arising out of this contract, the court may award to the prevailing party all reasonable costs and expense, including attorney's fees. (d) In the event suit is filed to enforce any of the provisions hereunder, the parties hereto agree to jurisdiction and venue in Eagle County, Colorado. 11. If this proposal is accepted by Seller in writing and Purchaser receives notice of such acceptance on or before a date ten days from the date hereof, 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. -3- By: rk of the Board d my Commissioners State of Colorado County of Pitkin The foregoing instrument was acknowledged before me this 11th day of May 1987 by Mary Schurm a/kja Mary son a,,/r JO ANN JUELFSINOT Y PUB CENTRAL BANK OF AS. Nota ubl P.O. BOA 3Iic3, ASPEN, CO 12 ry MY COMMLBS}N E;:PiRE� -16-91 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS Address for giving notices: P.O. Box 850 Eagle, Colorado 81631 (303) 328-7311 (Ext. 515) SELLER: Mary Schrum, a/k/a Mar Wilson Address for giving notices: P.O. Box 7172 Aspen, CO 81612 (303) 923-5031 and�71 sworn to before m' dof, '-`� '.,�'' 19 e� en T ylor Addressor giving/fnotices -od wr i 'tate at, ` _ P.O. Box 772 Mount Vernon, WA 98273 Cr (3 0 3) 336-3972 -4-