HomeMy WebLinkAbout1993 Resolution No. 077•
•
•
RESOLUTION NO . :l]
SERIES OF 1993
A RESOLUTION APPROVING THE PURCHASE OF REAL PROPERTY LOCATED AT
2133 WF..ST WESLEY AVENUE, ENGLEWOOD, COLORADO.
WHEREAS, Daniel and Mary Cooke own the property located at 2133 Weal Wesley
Avenue , Engl ewood ; and
WHEREAS, Daniel and Mary Cooke wishes to eell this property and the City of
Englewood wishes to purchaee this property;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD , COLORADO, THAT :
SJ:wsm...l . The City Council oft.he City of Englewood, Colorado her eby approves the
purchase of2133 West We sley Avenue from Daniel and Mary Cooke for the total purchase
price of Sixty-Fi ve Thousand Dollars ($65,000.00), subject to u sual and customary expenses
of closing.
ADOPTED AND APPROVED this 16th day of August, 1993 .
ATTE S T :
a ,-k,{tV w ~/
Patricia H . Crow, City Clerk
I, Patricia H. Crow, Gity Clerk for the City of Englewood, Colorado, hereby certify the
a bove is a t ru e copy of Re solution No .. "Z.1 Series of 1993 .
SPECIFIC PERFORMANCE CONTRACT
July 27, 1993 •
RECEIVED from the City of En rJ ewood , a Colorado Municipal Corporation, Purchaser, the
sum ofSl ,000 .00 in the form ofa check to be held by Daniel aod Marytooke, Seller, as earnest
mone y aod panial pa yment for the following described real estate situate in the County of
Arapahoe , Colorado to wit:
Lot 25, Block I, Southl awn Gardens Annex
(a lso known as 2133 West Wesley Avenue , Englewood , Col orado 80110)
including all improvements thereon aod with all easements aod rights of way appunenaot
thereto , which propeny purchaser agrees to bu y upon the following terms aod conditions for the
purchase price of S65 ,000 .00 , payable as follows :
Sl ,000 .00, hereb y rec eipted for , $64 ,000 .00 less apponionment per Paragraph 3 at the time of
closing .
I . A current commitment for title insuraoce policy in an amount equ al to the purchase price
shall be at purchaser's expense . •
2. Tit!~ shall be merchantable in the ~elle r. Subject to payment or tender as above pro vided
and compliance with the other terms and conditions hereunder by purch aser, seller shall execute
and deliver a good and sufficient general warranty deed to said purchase r on August 31, 1993 , or
by mutual agreement at an earlier date , conveying said propeny free aod clear of all taxes ,
except th e general taxes for 1993 , payable January 1, 1994 and except power, electrical aod
oth er utili ty liens of record and subject to building aod zoning regulations aod restrictions and
reserv ations of record
3. General Taxes for 1993 shall be apponioned to date of del iv ery of deed based on th e most
recent le,·y and most re cent assessment. Prepaid ren ts , water rents , sewer rents , FHA mongage
insurance premiums , and interest on encumbrances , if ao y, shal l be apponioned to date of
deli very of deed .
4 Th e hour and place of closing shall be designat ed by purchaser .
5. Poss essio n of the premises shall be deli vered to purchaser on deli very of deed, pro vided,
ho wever, that seller shall have the right to lease the premises from purchaser on a month to
month bas is for a period of two months after clos ing at a rate of $400 .00 per month with the
selle r/ten ant being respo nsible for pa yment of al l expenses of said lease, includin g propeny
in su rance , util ities , and maintenance . •
•
•
6. Time is of the essence hereof, and if any payrJent o.-any other condition he reof is not
made, tendered , or performed by either th e ,ellor .ir pu rchaser as herein provi ded, then this
contract, at the option of the pany who is not in default, may be terminated by such pany, in
which case the nondefaulting pany may recover such damages as may be proper . In the event of
such default by the seller ::nrl the purchaser tlects to treat the contrac• as terminated, th en al l
pa yments made hereon shall b~ rcrurned to the purchaser. In the even t of such default by the
purchaser and the seller elects to treat the contract as terminated , then all payments made
hereunder shall be forfeited and retained on behalf of the seller. In the event, however, the
nondefaulting pany elects to treat this contract as being in full force and effect, the
nondefaulting pan y shall hav e the right to an action for specific performance and damages . The
nondefaulting pany shall be entit led to costs , expen fees , and attorney fees .
7. In the event the seller fails to approve this instrument in writing wi thin fifteen (15) da ys
fro m the date hereof, or if title is not merchantable and written notice of defeets is given to the
seller or agen t with in the time here in prov ided for delivery of deed and shall not be rendered
merchantable wi thin sixty (60) da ys after such written notice, then this contra ct, at purchaser's
opti on, shall be void and of no effect and each pany hereto shall be released from all obligations
hereunder, and the pa yments made hereunder shall be returned forthwith to purchaser upon
return of the abstract, if any , to se lle r. pro vided , however, that in lieu of correcting such defects,
seller ma y, within said sixty (60) days , obtain a commitment for Owne r's Title Insurance Polic y
in the am ount of the purchase price sh owing th e title to be free from such defeets and seller shall
pa y full r,remium for such Title Insuran ce Policy
8. Add itio nal Provis ions : None .
9. Upon approval hereof by the seller, th is agreemen t shall become a contract between seller
and purchase r and shall inu re 10 the benefit of the heirs , su ccessors and assigns of said panics .
SELLER : Daniel And Mary (·ooke PURCHASER : City of Englewood, Colorado
.JL,1 m d -t~13 ., 4::t" fa~-
Date L ain e Ha yes , -::;/
Acting Ci ty Manager