HomeMy WebLinkAboutPACKET Town Board Special Meeting 1994-03-17- SPECIAL MEETING BOARD OF TRUSTEES AND ESTES PARK HOUSING AUTHORITY TOWN OF ESTES PARK Thursday, March 17, 1994 10:00 A.M. AGENDA 1. Exercise an option to purchase land for low-cost housing.
. OPTION TO PURCHASE THIS OPTION made and entered intro this day of , 1994, by and between O. M. NAGL»41ereinafter referred to as "Optionor," and the TOWN OF ESTES PARK, A Municipal Corporation, hereinafter referred to as "Optionee, " is upon the following terms and conditions, to-wit: In consideration of the Option payment and other good and valuable consideration by Optionee, the Optionor grants to Optionee the exclusive option to purchase the real property described on Exhibit A attached hereto and by reference made a part hereof; on the terms and conditions in the Contract to Buy and Sell Real Estate attached hereto as Exhibit B and by reference made a part hereof. The terms and conditions of this Option are as follows: 1. OPTION AND PURCHASE PRICE: The purchase price of the property shall be THREE HUNDRED NINETY SEVEN THOUSAND SEVENTY-TWO DOLLARS ($397,072.00). 2. TERM OF THE OPTION: The term of the option shall'be from the date of this Option to Purchase through December 31, 1994. 3. OPTION PAYMENT: The Optionee shall pay to the Optionor upon execution of this Agreement the amount of FIFTEEN THOUSAND DOLLARS ($15,000.00). In the event Optionee exercises its option to purchase the property, said $15,000.00 shall be credited toward the purchase price. 4. EXERCISE OF OPTION: This Option to Purchase may be exercised by the Optionee giving written notice to Optionor of its intent to exercise the option granted herein on or before December 31, 1994. In the event the Optionee exercises this option, the Contract to Buy and Sell Real Estate attached as Exhibit B shall constitute the Real Estate Contract between the parties. 5. FAILURE TO EXERCISE: In the event the Optionee fails to exercise this Option, as hereinabove provided, its rights hereunder shall terminate, and Optionor shall retain all monies paid, with Optionee forfeiting any right, title or interest in and to the property. If the Optionee fails to exercise its option, Optionor may request, and upon receipt of such request, Optionee shall execute a Quitclaim Deed to Optionor relinquishing any and all right, title and interest in and to the property. 6. ASSIGNMENT OF RIGHTS: Optionee shall have the right to assign its interest in the property to the Estes Park Housing Authority without the consent of the Optionor. The Optionee shall not have the right to assign its interest to any other party without the written consent of the Optionor.
.. 7. MEMORANDUM OF OPTION: It is understood and agreed that a Memorandum of this Option as set forth in Exhibit C attached hereto and made a part hereof by reference shall be recorded in the records of Larimer County, Colorado. 8. ENCUMBRANCES AND LIENS: The Optionor shall not encumber the property without the written consent of the Optionee, but said consent shall not be unreasonably withheld by the Optionee. 8. DEFAULT: Time is of the essence of this agreement and, in the event of any default by either party in the terms and conditions hereof, the non-defaulting party shall give the defaulting party ten (10) days' notice in writing of said default. If said default is not cured within said 10-day period, this contract shall be deemed to have been terminated for said default and the non-defaulting party shall be entitled to all damages incurred by reason of said default, including all reasonable attorney fees and court costs. In the event, however, the non- defaulting party elects to treat this option as being in full force and effect, the non-defaulting party shall have the right to an action for specific performance and damages including all reasonable attorney's fees and court costs. IN WITNESS WHEREOF, the parties hereto have executed this ;Option to Purchase this day of , 1994. OPTIONOR: 9 710 -41 1 O. M. NAGL .6 C. A-, 60 0. 01. » 9 . LS' OPTIONEE: TOWN OF ESTES PARK By: H. BERNERD DANNELS, Mayor ATTEST: VICKIE O'CONNOR, Town Clerk
EXHIBIT A A tract of land located in the SE 1/4 of Section 30, Township 5 North, Range 72 West of the 6th P.M., Larimer County, Colorado being more particularly described as commencing at the C 1/4 corner of said Section 30, as monumented by a Town of Estes Park brass cap and with all bearings contained herein being relative to the North line of said SE 1/4 considered as bearing S 89°11'00"E; thence S89°11'00"E a distance of 1297.18 feet along said North line to the NE corner of the W 1/2 of the SE 1/4 of said Section 30; thence Soo°00'21"W a distance of 640.55 feet along the East line of the W 1/2 of the SE 1/4 of said Section 30 to the TRUE POINT OF BEGINNING: thence SOO°00'21"W a distance of 411.31 feet along said East line to a point on the North right-of-way line of Graves Avenue; thence West a distance of 404.45 feet to the Southeast corner of De Ville Subdivision; thence North a distance of 619.19 feet along the East line of De Ville Subdivision to the Southerly right-of-way line of Manford Avenue; thence S62°48'00"E a distance of 454.78 feet along said Southerly right-of-way line to the TRUE POINT OF BEGINNING. The above described tract contains 4.784 acres.
.. EXHIBIT B CONTRACT TO BUY AND SELL REAL ESTATE March ,1994 1. PARTIES AND PROPERTY. TOWN OF ESTES PARK, Purchaser, agrees to buy, and the undersigned Seller, 0. M. NAGL, agrees to sell, on the terms and conditions set forth in this contract, the real estate in the County of Larimer, Colorado, described on Exhibit A attached hereto and by reference made a part hereof, together with all interest of Seller in all easements and· other and other appurtenances thereto, and called the Property. 2. PURCHASE PRICE AND TERMS. The purchase price shall be THREE HUNDRED NINETY SEVEN THOUSAND SEVENTY-TWO DOLLARS ($397,072.00), payable in U.S. dollars by Purchaser as follows: (a) Option Payment. The Purchaser shall be credited with an option payment in the amount of FIFTEEN THOUSAND DOLLARS ($15,000.00) at closing. (b) Balance. , The balance of THREE HUNDRED EIGHTY TWO THOUSAND SEVENTY-TWO DOLLARS ($382,072.00) to be paid at closing in cash, wire transfer or certified funds acceptable to Seller. 3. GOOD FUNDS. , All payments required at closing shall be made in funds which comply with all applicable Colorado laws. 4. ASSIGNMENT. This contract shall be assignable by Purchaser without Seller's prior written consent to the Estes Park Housing Authority. purchaser shall not assign this contract to any other party without the written consent of the Seller. This contract shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties. 5. EVIDENCE OF TITLE. Seller shall furnish to Purchaser, at Seller's expense, a current commitment for owner's title insurance in an amount equal to the purchase price within ten (10) days of Sellers receipt of Purchaser's notice of exercising its option to purchase. Seller shall provide copies of instruments (or abstracts of instruments) listed in the schedule Of exceptions (Exceptions) in the title insurance commitment at Seller's expense. This requirement shall pertain only to instruments shown of record in the office of the clerk and recorder of Larimer County, Colorado. The title insurance commitment, together with any copies or abstracts of instruments furnished pursuant to this Section 5, constitute the title documents (Title Documents). Seller will have the title insurance policy delivered to Purchaser as soon as practicable after closing and pay the premium at closing.
6. TITLE. (a) Title Review. Purchaser shall have the right to inspect the Title Documents. Written notice by Purchaser of unmerchantability of title or of any other unsatisfactory title condition· shown by the Title Documents shall be signed by or on behalf of Purchaser and given to Seller on or before five (5) calendar days after Purchaser's receipt of Title Documents, or within five (5) calendar days after receipt by Purchaser of any Title Document(s) or endorsement(s) adding new Exception(s) to the title commitment together with a copy of the Title Document adding a new Exception(s) to title. If Seller does not receive Purchaser's notice by the date(s) specified above, Purchaser shall be deemed to have accepted the conditions of title as disclosed by the Title Documents as satisfactory. (b) Matters Not Shown by the Public Records. Seller shall deliver to Purchaser true copies of all lease(s) and survey(s) in Seller's possession pertaining to the Property and shall disclose to Purchasers all easements, liens or other title matters not shown by the public records of which Seller has actual knowledge within ten (10) days of Sellers receipt of Purchaser's notice of exercising its option to purchase. Purchaser shall have the right to inspect the Property to determine if any third party(s) has any right in the Property not shown by the public records (such as unrecorded easement, unrecorded lease, or boundary line discrepancy). Written notice of any unsatisfactory condition(s) disclosed by Seller or revealed by such inspection shall be signed by or on behalf of Purchaser and given to Seller on or before December 15, 1994. If Seller does not receive Purchaser's notice by said date, Purchasers shall be deemed to have accepted title subject to such rights, if any, of third parties of which Purchasers have actual knowledge. (C) Right to Cure. If Seller receives notice of unmerchantability of title or any other unsatisfactory title condition(s) as provided in subsection (a) or (b) above, Seller shall use reasonable effort to correct said unsatisfactory title condition(s) prior to the date of closing. If Seller fails to correct said unsatisfactory title condition(s) on or before the date of closing, this contract shall then terminate, and Purchaser shall be entitled to return of its option payment, provided, however, Purchaser may, by written notice received by Seller on or before closing, waive bbjection to said unsatisfactory title condition(s). 7. DATE OF CLOSING. The date of closing shall be December 31, 1994, or by mutual agreement at an earlier date. The hour and place of closing shall be as agreed by Seller and Purchasers. 8. TRANSFER OF TITLE. Subject to tender of payment on closing as required herein and compliance by Purchaser with the other terms and provisions hereof, Seller shall execute and deliver a good and sufficient General Warranty Deed to Purchaser, on closing, conveying the Property free and clear of all liens and encumbrances, and taxes except the general taxes for the year of closing, and free and clear of all liens for special improvements, whether assessed or not; except those matters reflected by the Page 2
Title Documents accepted by Purchaser in accordance with Section 5; except those rights, if any, of third parties in the Property not shown by the public records in accordance with Subsection 5(b); and subject to building and zoning regulations. 9. CLOSING COSTS, DOCUMENTS AND SERVICES. Purchaser and Seller shall pay their respective closing costs at closing, except as otherwise provided herein. Purchaser and Seller shall sign and complete all customary or required documents at or before closing. The parties agree to equally divide the reasonable fees for real estate closing and settlement services. 10. PRORATIONS. General taxes for the year of closing, based on the most -recent levy and the most recent assessment shall be prorated to date of closing. 11. POSSESSION. Possession of the Property shall be delivered to Purchaser at closing. 12. TIME OF ESSENCE/REMEDIES. Time is of the essence hereof. Payment due herein is not paid, honored or tendered when due, or if any other obligation hereunder is not performed or waived as herein provided, there shall be the following remedies: (a) IF PURCHASER IS IN DEFAULT: (1) Specific Performance. Seller may elect to treat this contract as cancelled, 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 Seller may elect to treat this contract as being in full force and effect and Seller shall have the right to specific performance or damages, or both. (b) IF SELLER IS IN DEFAULT: Purchaser may elect to treat this contract as cancelled, in which case all payments and things of value received hereunder shall be returned including the option payment and Purchaser may recover such damages as may be proper, or Purchaser may elect to treat this contract as being in full force and effect and Purchaser shall have the right to specific performance or damages, or both. (C) COSTS AND EXPENSES. Anything to the contrary herein notwithstanding, in the event of any litigation arising out of this contract, the court shall award Page 3
to the prevailing party all reasonable costs and expense, including attorney fees. 13. NOTICES. Any notice given hereunder shall be deemed effective when mailed, postage prepaid and certified as follows: Seller: 0. M. Nagl P. 0. Box 1995 Estes Park, Colorado 80517 Purchaser: Town of Estes Park 170 McGregor Avenue Estes Park, Colorado 80517 SELLER: PURCHASER: TOWN OF ESTES PARK By: 0. M. NAGL H. BERNERD DANNELS, Mayor ATTEST: VICKIE O~CONNOR, Town Clerk Page 4
% EXHIBIT C MEMORANDUM OF OPTION TO PURCHASE NOW COMES ,0.M. NAGL, hereinafter referred to as "Nagl," and the TOWN OF ESTES PARK, a Municipal Corporation, hereinafter referred to as "Town," and state and affirm as follows: 1. The Town has an exclusive Option to Purchase agreement with 0. M. Nagl, dated the day of , 1994, for the property described on Exhibit A attached hereto and by reference made a part hereof. 2. The term of said option commences on the day of , 1994 and expires on December 31, 1994. 3. Pursuant to the terms of said Option to Purchase, the Town has an exclusive option to purchase the real property described on Exhibit A by exercising said option on or before December 31, 1994. 4. The Option to Purchase provides that Nagl shall not encumber the property without the written consent of the Town. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Option to Purchase this day of , 1994. 0. M. NAGL TOWN OF ESTES PARK By: H. BERNERD DANNELS, Mayor ATTEST: VICKIE O'CONNOR, Town Clerk