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HomeMy WebLinkAbout7090RESOLUTION NO. 7090 A RESOLUTION APPROVING THE PURCHASE OF LANDS ADJACENT TO THE SOUTHSIDE SOLID WASTE DIS- POSAL SITE WHEREAS, the provision of adequate solid waste disposal sites and facil- ities is in the best interests of the residents of the City of Pueblo, Colo- rado, and necessary for the preservation of the public health, safety and general welfare; and WHEREAS, the safe and convenient operation and closure of the existing southside solid waste disposal site and facility requires the acquisition of land adjacent thereto; and WHEREAS, the City Council has previously authorized by Resolution No. 6681, the City Manager, or his designated representative, to negotiate on behalf of the City of Pueblo with the owner or owners of said real property; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The City Council hereby finds and determines that the interest of the City of Pueblo and its residents, the preservation of the public health, safety and general welfare, the public need, interest and necessity, and the safe and convenient operation and closure of the existing southside solid waste disposal site and facility demand and require that the 80 acres of land de- scribed in Exhibit "A" attached hereto located adjacent to the existing south - side solid waste disposal site and facility in Pueblo County, Colorado (the "Property ") be acquired for the purchase price of $48,000, and that the Prop- erty be used, developed and closed in conjunction with the southside solid waste disposal site and facility in a manner necessary and convenient for public purposes, health and safety. C,PrTTnN 9 Contracts from all interested persons for the sale and purchase of the Property, which are on file with the City Clerk, having been approved as to form by the City Attorney, are hereby approved, and the City Manager is here- by authorized and directed to sign said contracts on behalf of the City of Pueblo. cFrTTnN I Funds for the purchase of said Property shall be taken from the 58 Fund, with funds to be forthcoming in 1993. INTRODUCED February 22 , 1993 By JOHN CALIFANO Councilperson APPROVED eWa&g_� Presi nt of the uncil ATTEST: City Cl k - 2 - EXHIBIT "A" The N1 /2 of the NW1 /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less. <a li W4 ��s I it I , n As v pL ,n lit/ W n , ►1.2 IL wen _ sr2J c988 a9i9 Sch I I r �, —�. -- i •� _ K �Y ig71 ' - -- I b �I it �� �� �' y f If, a te' 11 A � ` �� T ito II •� l -�1�, (I N , n - — , � o f � �` �� � • �' �: 1 ( r MEMORIAL P (Cemetery) N -- If ` 1�• _ It • — t - - - -- — v - - - -- - - -Y __. Wel 0 `\, . r -� - -- - ��• • I� 936 BOUNDARY LINE OF EXISTING SOUTHSIDE LANDFILL AREA I FARM& !rWmmmm� BOUNDARY LINE OF PROPOSED 80 ACRE PROPERTY ACQUISITION r SEDIMENT CONTROL BASIN (VACANT LAND) CONTRACT TO BUY AND SELL REAL ESTATE n Contract entered into % 1 , 199.3 by and between the City of Pueblo, a Munic pal Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser ") and Joseph A. Gersick (herein "Seller "), W I T N E S S E T H: 1. Seller shall sell and convey, and the Purchaser shall purchase subject to and upon the terms and conditions stated herein, all of Seller's right, title and interest in and to the real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all fixtures and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any, in their present condition, ordinary wear and tear excepted (the "Property"). 2. Seller represents and warrants that Seller owns an undivided one -ninth interest in the Property. 3. The purchase price is $ 5.333.33 payable as follows: $ 50.00 hereby receipted for and the balance in cash or certified funds at closing. 4. Price to include: any improvements presently on said property together with all mineral rights owned by the seller. _ 5. The date of closing shall be6 days after above da te199 , or by mutual agreement, at an earlier date. The hour and place of closing shall,be as designated by Purchaser. 6. Title shall be merchantable in Seller, except as stated in this paragraph. 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 general warranty deed to Purchaser on date of closing conveying Seller's right, title and interest in and to the Property free and clear of all taxes, liens for special improvements installed as of date hereof, whether assessed or not, liens and encumbrances, rights of way, easements, restrictions and reservations, except general taxes for the year of closing, recorded easements for utilities, and Upon acquisition of all interests. Purchaser agrees at its expense to erect and maintain a statutory fence on the North and West boundaries of the de- scribed property, 7. Purchaser, at its expense, shall on or before date of -1- closing, obtain a current commitment for title insurance policy in an amount equal to the purchase price. Except as stated in para- graph 6, if title is not merchantable and written notice of defects is given by Purchaser to Seller on or before the date of closing, Seller shall use reasonable efforts to correct said defects prior to closing. If Seller is unable to correct said defects on or before date of closing, Purchaser may, by written notice to Seller on or before date of closing (a) elect to waive such defects and proceed to close; (b) terminate this Contract and obtain a redelivery of the earnest money paid to Seller by Purchaser, or (c) elect to cure such defects itself deducting the reasonable expense of such curative action, including reasonable attorney fees, from the purchase price due Seller at closing. 8. Any encumbrances required to be paid may be paid at time of settlement from the proceeds of this transaction or from any other source. 9. General taxes for the year of closing based upon the most recent assessment and most recent levy, water charges and sewer charges shall be apportioned to date of closing. 10. Possession of the Property shall be delivered to Purchaser on date of closing free and clear of all leases or tenancies. 11. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) 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. (c) Anything to the contrary herein notwithstanding, 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 attorneys' fees. -2- 6 - 12. Purchaser's performance under this Contract is contin- gent upon all parties owning any interest in the Property executing similar contracts with City for the sale of their interest in the Property and approval of this Contract by resolution adopted by the City Council of Purchaser within 60 days from date hereof. 13. Purchaser pay Seller's broker and purchase herein paid by Seller. shall not become liable for or obligated to fee or similar fee in connection with the sale contemplated. All such fees, if any, shall be 14. Seller, for himself, his tenants and occupants of the Property, if any, does hereby release and forever discharge Purchaser from any and all liability or claims for relocation assistance or payments, incidental damages, or damages or injury to Seller's remaining property, if any, resulting from the purchase and acquisition of Seller's Property hereunder by Purchaser. 15. The singular shall include the plural and the masculine shall include the feminine or neuter whenever the context requires. 16. This Contract contains the entire agreement and under- standing of the parties hereto and cannot be changed or modified except by written agreement signed by both parties. This Contract shall be governed by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, personal representatives, successors and assigns. Executed the day and year above first written. SELLER: - JOSEW A�GERFICK TJ 50.22 PURCHASER: PUEBLO, A MUNICIPAL CORPORATION By 0 City Manager' -3- EXHIBIT "A" The N1 /2 of the NW1 /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less. (VACANT LAND) CONTRACT TO BUY AND SELL REAL ESTATE Contract entered into February 22 1 199 by and between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser ") and Rita Gersick W I T N E S S E T H: (herein "Seller "), 1. Seller shall sell and convey, and the Purchaser shall purchase subject to and upon the terms and conditions stated herein, all of Seller's right, title and interest in and to the real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all fixtures and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any, in their present condition, ordinary wear and tear excepted (the "Property "). 2. Seller represents undivided one -ninth and warrants that Seller owns an interest in the Property. 3. The purchase price is $ 5.333.33 _ payable as follows: $ 50.00 hereby receipted for and the balance in cash or certified funds at closing. 4. Price to include: any improvements presently on said property together with all mineral rights owned by the seller. 5. The date of closing shall be6 days after above da tel99 , or by mutual agreement, at an earlier date. The hour and place of closing shall as designated by Purchaser. 6. Title shall be merchantable in Seller, except as stated in this paragraph. 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 general warranty deed to Purchaser on date of closing conveying Seller's right, title and interest in and to the Property free and clear of all taxes, liens for special improvements installed as of date hereof, whether assessed or not, liens and encumbrances, rights of way, easements, restrictions and reservations, except general taxes for the year of closing, recorded easements for utilities, and Upon acquisition of all interests, Purchaser agrees. at its expPnmo, tn Rrp ct and maintain a statutory fence on the North and West boundariei of rho de- scribed property. 7. Purchaser, at its expense, shall on or before date of -1- closing, obtain a current commitment for title insurance policy in an amount equal to the purchase price. Except as stated in para- graph 6, if title is not merchantable and written notice of defects is given by Purchaser to Seller on or before the date of closing, Seller shall use reasonable efforts to correct said defects prior to closing. If Seller is unable to correct said defects on or before date of closing, Purchaser may, by written notice to Seller on or before date of closing (a) elect to waive such defects and proceed to close; (b) terminate this Contract and obtain a redelivery of the earnest money paid to Seller by Purchaser, or (c) elect to cure such defects itself deducting the reasonable expense of such curative action, including reasonable attorney fees, from the purchase price due Seller at closing. 8. Any encumbrances required to be paid may be paid at time of settlement from the proceeds of this transaction or from any other source. 9. General taxes for the year of closing based upon the most recent assessment and most recent levy, water charges and sewer charges shall be apportioned to date of closing. 10. Possession of the Property shall be delivered to Purchaser on date of closing free and clear of all leases or tenancies. 11. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) 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. (c) Anything to the contrary herein notwithstanding, 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 attorneys' fees. -2- C 12. Purchaser's performance under this Contract is contin- gent upon all parties owning any interest in the Property executing similar contracts with City for the sale of their interest in the Property and approval of this Contract by resolution adopted by the City Council of Purchaser within 60 days from date hereof. 13. Purchaser pay Seller's broker and purchase herein paid by Seller. shall not become liable for or obligated to fee or similar fee in connection with the sale contemplated. All such fees, if any, shall be 14. Seller, for himself, his tenants and occupants of the Property, if any, does hereby release and forever discharge Purchaser from any and all liability or claims for relocation assistance or payments, incidental damages, or damages or injury to Seller's remaining property, if any, resulting from the purchase and acquisition of Seller's Property hereunder by Purchaser. 15. The singular shall include the plural and the masculine shall include the feminine or neuter whenever the context requires. 16. This Contract contains the entire agreement and under- standing of the parties hereto and cannot be changed or modified except by written agreement signed by both parties. This Contract shall be governed by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, personal representatives, successors and assigns. Executed the day and year above first written. TJ 50.22 PURCHASER: PUEBLO, A MUNICIPAL CORPORATION By City Manager =IN EXHIBIT "A" The N1 /2 of the NW1 /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less. (VACANT LAND) CONTRACT TO BUY AND SELL REAL ESTATE Contract entered into February 22 , 1993 by and between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser ") and Elaine Nicoll (herein "Seller "), W I T N E S S E T H: 1. Seller shall sell and convey, and the Purchaser shall purchase subject to and upon the terms and conditions stated herein, all of Seller's right, title and interest in and to the real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all fixtures and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any, in their present condition, ordinary wear and tear excepted (the "Property "). 2. Seller represents and warrants that Seller owns an undivided one -ninth interest in the Property. 3. The purchase price is $ 5.333.34 payable as follows: $ 50 ._0 0 hereby receipted for and the balance in cash or certified funds at closing. 4. Price to include: any improvements presently on said property together with all mineral rights owned by the seller. 5. The date of closing shall be6 days after above da tel99 , or by mutual agreement, at an earlier date. The hour and place of closing shall,be as designated by Purchaser. 6. Title shall be merchantable in Seller, except as stated in this paragraph. 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 general warranty deed to Purchaser on date of closing conveying Seller's right, title and interest in and to the Property free and clear of all taxes, liens for special improvements installed as of date hereof, whether assessed or not, liens and encumbrances, rights of way, easements, restrictions and reservations, except general taxes for the year of closing, recorded easements for utilities, and Upon acquisition of all interests, Purchaser agrees, at its expense, to erect and maintain a statutory fence on the North and West boundaries of the de- scribed property. 7. Purchaser, at its expense, shall on or before date of -1- closing, obtain a current commitment for title insurance policy in an amount equal to the purchase price. Except as stated in para- graph 6, if title is not merchantable and written notice of defects is given by Purchaser to Seller on or before the date of closing, Seller shall use reasonable efforts to correct said defects prior to closing. If Seller is unable to correct said defects on or before date of closing, Purchaser may, by written notice to Seller on or before date of closing (a) elect to waive such defects and proceed to close; (b) terminate this Contract and obtain a redelivery of the earnest money paid to Seller by Purchaser, or (c) elect to cure such defects itself deducting the reasonable expense of such curative action, including reasonable attorney fees, from the purchase price due Seller at closing. 8. Any encumbrances required to be paid may be paid at time of settlement from the proceeds of this transaction or from any other source. 9. General taxes for the year of closing based upon the most recent assessment and most recent levy, water charges and sewer charges shall be apportioned to date of closing. 10. Possession of the Property shall be delivered to Purchaser on date of closing free and clear of all leases or tenancies. 11. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) 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. (c) Anything to the contrary herein notwithstanding, 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 attorneys' fees. -2- 12. Purchaser's performance under this Contract is contin- gent upon all parties owning any interest in the Property executing similar contracts with City for the sale of their interest in the Property and approval of this Contract by resolution adopted by the City Council of Purchaser within 60 days from date hereof. 13. Purchaser pay Seller's broker and purchase herein paid by Seller. shall not become liable for or obligated to fee or similar fee in connection with the sale contemplated. All such fees, if any, shall be 14. Seller, for himself, his tenants and occupants of the Property, if any, does hereby release and forever discharge Purchaser from any and all liability or claims for relocation assistance or payments, incidental damages, or damages or injury to Seller's remaining property, if any, resulting from the purchase and acquisition of Seller's Property hereunder by Purchaser. 15. The singular shall include the plural and the masculine shall include the feminine or neuter whenever the context requires. 16. This Contract contains the entire agreement and under- standing of the parties hereto and cannot be changed or modified except by written agreement signed by both parties. This Contract shall be governed by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, personal representatives, successors and assigns. Executed the day and year above first written. SELLER: ELAINE 0 L PURCHASER: PUEBLO, A MUNICIPAL CORPORATION By _ City Manager TJ 50.22 -3- EXHIBIT "A" The N1 /2 of the NW1 /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less. (VACANT LAND) CONTRACT TO BU AND SELL REAL ESTATE Contract entered into February 22 1993 by and between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser ") and Barbara E Roland (herein "Seller "), W I T N E S S E T H: 1. Seller shall sell and convey, and the Purchaser shall purchase subject to and upon the terms and conditions stated herein, all of Seller's right, title and interest in and to the real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all fixtures and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any, in their present condition, ordinary wear and tear excepted (the "Property "). 2. Seller represents and warrants that Seller owns an undivided one twenty- fourth interest in the Property. 3. The purchase price is $ 2,000. payable as follows: $ 50.00 _ hereby receipted for and the balance in cash or certified funds at closing. 4. Price to include: a improvements presently on said pr together with all mineral rights owned by the seller. 5. The dato of closing shall be 6 days af t er _a bove d 4tel.993, or by mutual agreement, at an earlier date. The hour and place of closing shall,be as designated by Purchaser. 6. Title shall be merchantable in Seller, except as stated in this paragraph. 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 general warranty deed to Purchaser on date of closing conveying Seller's right, title and interest in and to the Property free and clear of all taxes, liens for special improvements installed as of date hereof, whether assessed or not, liens and encumbrances, rights of way, easements, restrictions and reservations, except general taxes for the year of closing, recorded easements for utilities, and _ upon acquisitio of all interests, Purchaser agrees, at i ts expense, to erect and maintain a statutory fence on the North and West boundaries of he de- scribed property 7. Purchaser, at its expense, shall on or before date of -1- closing, obtain a current commitment for title insurance policy in an amount equal to the purchase price. Except as stated in para- graph G, if title is not merchantable and written notice of defects is given by Purchaser to Seller on or before the date of closing, Seller shall use reasonable efforts to correct said defects prior to closing. If Seller is unable to correct said defects on or before date of closing, Purchaser may, by written notice to Seller on or before date of closing (a) elect to waive such defects and proceed to close; (h) terminate f:his Contract and obtain a redelivery of the earnest money paid to Seller by Purchaser, or (c) elect to cure such defects itself_ deducting the reasonable expense of such curative action, including reasonable attorney fees, from the purchase price due Seller at closing. 8. Any i:ncumbrances required to he paid may hk_� paild at time of settlement from the proceeds of this transaction or from any other source. 9. General taxes for the year of closing based upon the most recent assessment and most recent= levy, water charges and sewer charges shall be apportioned to date of closing. 10. Possession of the Property shall be delivered to Purchaser on date of closing free and clear of all leases or tenancies. 11. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hcrcu17dor. It is agreed Lhat such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) 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. (c) Anything to the contrary herein notwithstanding, 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 attorneys' fees. -2- n - 12. Purchaser's performance under this Contract is contin- gent upon all parties owning any interest in the Property executing similar contracts with City for the sale of their interest in the Property and approval of this Contract by resolution adopted by the City Council of Purchaser within 60 days from date hereof. 13. Purchaser shall not become liable for or obligated to pay Seller's broker fee or similar fee in connection with the sale and purchase herein contemplated. All such fees, if any, shall be paid by Seller. 14. Seller, for himself, his tenants and occupants of the Property, if any, does hereby release and forever discharge Purchaser from any and all liability or claims for relocation assistance or payments, incidental damages, or damages or injury to Seller's remaining property, if any, resulting from the purchase and acquisition of Seller's Property hereunder by Purchaser. 15. The singular shall include the plural and the masculine shall include the feminine or neuter whenever the context requires. 16. This Contract contains the entire agreement and under- standing of the parties hereto and cannot be changed or mo <<ified except by written agreement signed by both parties. This Contract shall be governed by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, personal representatives, successors and assigns. Executed the day and year above first written. SELLER: PURCHASER: PUEBLO, A MUNICIPAL CORPORATION ARBARA E. R ND , B y-- — - -- -- City Manage TJ 50.22 -3- EXHIBIT "A" The N112 of the NWl /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less. (VACANT LAND) CONTRACT TO BUY AND SELL REAL ESTATE Contract entered into Feb 22_ 1993 by and between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser ") and Bi lli e C . R olan d -_ -- - - - - - -- ( herein "Seller "), W I T N E S S E T H :. 1. Seller shall sell and con and the Purchaser shall purchase subject to and upon the terms and conditions stated herein, all of Seller's right, title and interest in and to the real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all fixtures and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any, in their present condition, ordinary wear and tear excepted (the "Property "). 2. Seller represents and warrants that Seller owns an undivided on -sixth interest in the Property. _ 3. The purchase price is $ 8,000.0 0______ payable as follows: $_ 5 0.00 hereby receipted for and the balance in cash or certified funds at closing. 4. Price to include: any improvements prese ntly on said rope together with all mineral rights owned by the seller. 5. The date of closing shall be 60__d_a a fter a bove d atel993, or by mutual agreement, at an earlier date. The hour and place of closing shall as designated by Purchaser. 6. Title shall be merchantable in Seller, oxcept as stated in this paragraph. 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 general warranty deed to Purchaser on date of closing conveying Seller's right, title and interest in and to the Property free and clear of all taxes, liens for special improvements installed as of date hereof, whether assessed or not, liens an encumbrances, rights of way, easements, restrictions and reservations, except general taxes for the year of closing, recorded easements for utilities, and Upon acquisition of all interests, Purchaser agrees, at its__ expense, to erect and maintain a statutory f on th North a nd - - West b oundaries - of the de- scribed property. -- - - -- - — � -- 7. Purchaser, at its expense, shall on or before date of -1- closing, obtain a current commitment for title insurance policy in an amount equal to the purchase price. Except as stated in para- graph 6, if title is not merchantable and written notice of defects is given by Purchaser to Seller on or before the date of closing, Seller shall use reasonable efforts Lo cor_recL said defects prior to closing. If Seller is unable to correct said defects on or before date of closing, Purchaser may, by written notice to Seller on or before date of closing (a) elect to waive such defects and proceed to close; (b) terminate this Contract and obtain a redelivery of the earnest money paid to Seller by Purchaser, or (c) elect to cure such defects itself deducting the reasonable expense of such curative action, including reasonable attorney fees, from the purchase price due Seller at closing. 8. Any encumbrances required to be paid may be paid at time of settlement from the proceeds of this transaction or from any other source. 9. General taxes for the year of closing based upon the most recent assessment and most recent levy, water charges and sewer charges shall be apportioned to date of closing. 10. Possession of the Property shall be delivered to Purchaser on date of closing free and clear of all leases or tenancies. 11. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) 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. (c) Anything to the contrary herein notwithstanding, 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 attorneys' fees. -2- a C r` 12. Purchaser's performance under this Contract is contin- gent upon all parties owning any interest in the Property executing similar contracts with City for the sale of their interest in the Property and approval of this Contract by resolution adopted by the City Council of Purchaser within 60 days from date hereof. 13. Purchaser pay Seller's broker and purchase herein paid by Seller. shall not become liable for or obligated to fee or similar fee in connection with the sale contemplated. All such fees, if any, shall be 14. Seller, for himself, his tenants and occupants of the Property, if any, does hereby release and forever discharge Purchaser from any and all liability or claims for relocation assistance or payments, incidental damages, or damages or injury to Seller's remaining property, if any, resulting from the purchase and acquisition of Seller's Property hereunder by Purchaser. 1S. The singular shall include the plural and the masculine shall include the feminine or neuter whenever the context requires. 16. This Contract contains the entire agreement and under- standing of the parties hereto and cannot be changed or modified except by written agreement signed by both parties. This Contract shall be governed by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, personal representatives, successors and assigns. Executed the day and year above first written. SELLER: PURCHASER: PUEBLO, A MUNICIPAL CORPORATION ILLIL C. ROLAND By City Manager TJ 50.22 -3- EXHIBIT "A" The N1 /2 of the NW1 /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less. (VACANT LAND) CONTRACT TO BUY AND SELL REAL ESTATE Contract entered into February 22 1 1993 by and between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser ") and Caroline E. Roland a /k /a Caroline R. Oakes (herein "Seller ") , W I T N E S S E T H: 1. Seller shall sell and convey, and the Purchaser shall purchase subject to and upon the terms and conditions stated herein, all of Seller's right, title and interest in and to the real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all fixtures and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any, in their present condition, ordinary wear and tear excepted (the "Property "). 2. Seller represents and warrants that Seller owns an undivided one twenty - fourth interest in the Property. 3. The purchase price is $ 2,000.00 payable as follows: $ 50.00 hereby receipted for and the balance in cash or certified funds at closing. 4. Price to include: any improvements presently on said property together with all mineral rights owned by seller. 5. The date of closing shall be 60 days after above d ,ati!99 3, or by mutual agreement, at an earlier date. The hour and place of closing shall be as designated by Purchaser. 6. Title shall be merchantable in Seller, except as stated in this paragraph. 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 general warranty deed to Purchaser on date of closing conveying Seller's right, title and interest in and to the Property free and clear of all taxes, liens for special improvements installed as of date hereof, whether assessed or not, liens and encumbrances, rights of way, easements, restrictions and reservations, except general taxes for the year of closing, recorded easements for utilities, and [T ©n acquisition of all interests, Purchaser agrees, at its expense, to erect end maintain a statutory[ fence on the North and West boundaries of the de- ^ y srihed property. 7. Purchaser, at its expense, shall on or before date of -1- closing, obtain a current commitment for title insurance policy in an amount equal to the purchase price. Except as stated in para- graph 6, if title is not merchantable and written notice of defects is given by Purchaser to Seller on or before the date of closing, Seller shall use reasonable efforts to correct said defects prior to closing. If Seller is unable to correct said defects on or before date of closing, Purchaser may, by written notice to Seller on or before date of closing (a) elect to waive such defects and proceed to close; (b) terminate this Contract and obtain a redelivery of the earnest money paid to Seller by Purchaser, or (c) elect to cure such defects itself deducting the reasonable expense of such curative action, including reasonable attorney fees, from the purchase price due Seller at closing. 8. Any encumbrances required to be paid may be paid at time of settlement from the proceeds of this transaction or from any other source. 9. General taxes for the year of closing based upon the most recent assessment and most recent levy, water charges and sewer charges shall be apportioned to date of closing. 10. Possession of the Property shall be delivered to Purchaser on date of closing free and clear of all leases or tenancies. 11. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) 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. (c) Anything to the contrary herein notwithstanding, 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 attorneys' fees. 0041 12. Purchaser's performance under this Contract is contin- gent upon all parties owning any interest in the Property executing similar contracts with City for the sale of their interest in the Property and approval of this Contract by resolution adopted by the City Council of Purchaser within 60 days from date hereof. 13. Purchaser shall not become liable for or obligated to pay Seller's broker fee or similar fee in connection with the sale and purchase herein contemplated. All such fees, if any, shall be paid by Seller. 14. Seller, for himself, his tenants and occupants of the Property, if any, does hereby release and forever discharge Purchaser from any and all liability or claims for relocation assistance or payments, incidental damages, or damages or injury to Seller's remaining property, if any, resulting from the purchase and acquisition of Seller's Property hereunder by Purchaser. 15. The singular shall include the plural and the masculine shall include the feminine or neuter whenever the context requires. 16. This Contract contains the entire agreement and under- standing of the parties hereto and cannot be changed or modified except by written agreement signed by both parties. This Contract shall be governed by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, personal representatives, successors and assigns. Executed the day and year above first written. SELLER: PURCHASER: '? PUEBLO, A MUNICIPAL CORPORATION E. OLAND By ` R. 'OAKES City Manager TJ 50.22 -3- EXHIBIT "A" The N1 /2 of the NW1 /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less. (VACANT LAND) CONTRACT TO BUY AND SELL REAL ESTATE Contract entered into J February 22 , 1993 by and between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser ") and Alan C. Roland W I T N E S S E T H: (herein "Seller "), 1. Seller shall sell and convey, and the Purchaser shall purchase subject to and upon the terms and conditions stated herein, all of Seller's right, title and interest in and to the real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all fixtures and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any, in their present condition, ordinary wear and tear excepted (the "Property "). 2. Seller represents and warrants that Seller owns an undivided one twenty-fourth interest in the Property. 3. The purchase price is $ 2,000.00 payable as follows: $ 50.00 hereby receipted for and the balance in cash or certified funds at closing. 4. Price to include: any improvements presently on said property together with all mineral rights owned by seller. 5. The date of closing shall be6 days after above da Zel993, or by mutual agreement, at an earlier date. The hour and place of closing shall,be as designated by Purchaser. 6. Title shall be merchantable in Seller, except as stated in this paragraph. 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 general warranty deed to Purchaser on date of closing conveying Seller's right, title and interest in and to the Property free and clear of all taxes, liens for special improvements installed as of date hereof, whether assessed or not, liens and encumbrances, rights of way, easements, restrictions and reservations, except general taxes for the year of closing, recorded easements for utilities, and Upon acquisition of all interests, Purchaser agrees, at its expense, to erect and maintain a statutory fence on the North and West boundaries of the de- scribed property. 7. Purchaser, at its expense, shall on or before date of -1- closing, obtain a current commitment for title insurance policy in an amount equal to the purchase price. Except as stated in para- graph 6, if title is not merchantable and written notice of defects is given by Purchaser to Seller on or before the date of closing, Seller shall use reasonable efforts to correct said defects prior to closing. If Seller is unable to correct said defects on or before date of closing, Purchaser may, by written notice to Seller on or before date of closing (a) elect to waive such defects and proceed to close; (b) terminate this Contract and obtain a redelivery of the earnest money paid to Seller by Purchaser, or (c) elect to cure such defects itself deducting the reasonable expense of such curative action, including reasonable attorney fees, from the purchase price due Seller at closing. 8. Any encumbrances required to be paid may be paid at time of settlement from the proceeds of this transaction or from any other source. 9. General taxes for the year of closing based upon the most recent assessment and most recent levy, water charges and sewer charges shall be apportioned to date of closing. 10. Possession of the Property shall be delivered to Purchaser on date of closing free and clear of all leases or tenancies. 11. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) 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. (c) Anything to the contrary herein notwithstanding, 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 attorneys' fees. -2- C 12. Purchaser's performance under this Contract is contin- gent upon all parties owning any interest in the Property executing similar contracts with City for the sale of their interest in the Property and approval of this Contract by resolution adopted by the City Council of Purchaser within 60 days from date hereof. 13. Purchaser shall not become liable for or obligated to pay Seller's broker fee or similar fee in connection with the sale and purchase herein contemplated. All such fees, if any, shall be paid by Seller. 14. Seller, for himself, his tenants and occupants of the Property, if any, does hereby release and forever discharge Purchaser from any and all liability or claims for relocation assistance or payments, incidental damages, or damages or injury to Seller's remaining property, if any, resulting from the purchase and acquisition of Seller's Property hereunder by Purchaser. 15. The singular shall include the plural and the masculine shall include the feminine or neuter whenever the context requires. 16. This Contract contains the entire agreement and under- standing of the parties hereto and cannot be changed or modified except by written agreement signed by both parties. This Contract shall be governed by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, personal representatives, successors and assigns. Executed the day and year SELL'ER� ~` N C. ROLAND above first written. PURCHASER: PUEBLO, A MUNICIPAL CORPORATION By L1_ (�) City Manager T3 50.22 -3- EXHIBIT "A" The N1 /2 of the NW1 /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less. (VACANT LAND) CONTRACT TO BUY AND SELL REAL ESTATE Contract entered into February 2 2� , 1993 by and between the City of Pueblo, a municipal Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser ") and Peter B Roland (herein "Seller "), W I T N E S S E T H: 1. Seller shall sell and convey, and the Purchaser shall purchase subject to and upon the terms and conditions stated herein, all of Seller's right, title and interest in and to the real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all fixtures and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any, in their present condition, ordinary wear and tear excepted (the "Property "). 2. Seller_ represents and warrants that Seller owns an undivided one twenty- fourth interest in the Property. 3. The purchase price is $ 2.000.00 payable as follows: $ 50.00 hereby receipted for and the balance in cash or certified funds at closing. 4. Price to include: any improvements presently o n said propert together with all mineral rights owned by seller. 5. The date of closing shall be60_ af te r abov da ,tel993, or by mutual agreement, at an earlier date. The hour and place of closing shall as designated by Purchaser. 6. Title shall be merchantable in Seller, except as stated in this paragraph. 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 general warranty deed to Purchaser on date of closing conveying Seller's right, title and interest in and to the Property free and clear of all taxes, liens for special improvements installed as of date hereof, whether assessed or not, liens and encumbrances, rights of way, easements, restrictions and reservations, except general taxes for the year of closing, recorded easements for utilities, and Upon acgyisition of all interests, P ag rees, at i ts expense, to erect and maintain a statutory fence on the North and West boundaries of the de- scribed property-,,-- 7. Purchaser, at its expense, shall on or before date of -1- closing, obtain a current commitment for title insurance policy in an amount equal to the purchase price. Except a.s stated in para- graph 6, if title is not merchantable and written notice of defects is given by Purchaser to Seller on or before the date of closing, Seller shall use reasonable efforts to correct said defects prior to closing. If Seller is unable to correct said defects on or before date of closing, Purchaser may, by written notice to Seller on or before date of closing (a) elect to waive such defects and proceed to close; (b) terminate this Contract and obtain a redelivery of the earnest money paid to Seller by Purchaser, or (c) elect to cure such defects itself deducting the reasonable expense of such curative action, including rea:ionable attorney fees, from the purchase price due Seller at closing. 8. Any encumbrances required to be paid may be paid at time of settlement from the proceeds of this transaction or from any other source. 9. General taxes for the year of closing based upon the most recent assessment and most recent levy, water charges and sewer charges shall be apportioned to date of closing. 10. Possession of the Property shall be delivered to Purchaser on date of closing free and clear of all leases or tenancies. 11. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) 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. (c) Anything to the contrary herein notwithstanding, 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 attorneys' fees. -2- t . . M 12. Purchaser's performance under this Contract is contin- gent upon all parties owning any interest in the Property executing similar contracts with City for the sale of their interest in the Property and approval of this Contract by resolution adopted by the City Council of Purchaser within 60 days from date hereof. 13. Purchaser shall not become liable for or obligated to pay Seller's broker fee or similar fee in connection with the sale and purchase herein contemplated. All such fees, if any, shall be paid by Seller. 14. Seller, for himself, his tenants and occupants of the Property, if any, does hereby release and forever discharge Purchaser from any and all liability or claims for relocation assistance or payments, incidental damages, or damages or injury to Seller's remaining property, if any, resulting from the purchase and acquisition of Seller's Property hereunder by Purchaser. 15. The singular shall include the plural and the masculine shall include the feminine or neuter whenever the context requires. 16. This Contract contains the entire agreement and under- standing of the parties hereto and cannot be changed or modified except by written agreement signed by both parties. This Contract shall be governed by and construed in accordance with the laws of the State of Colorado and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, personal representatives, successors and assigns. Executed the day and year above first written. SELLER: PURCHASER: PUEBLO, A MUNICIPAL CORPORATION PETER B. ROLAND By - -Ltv C TJ 50.22 -3- EXHIBIT "A" The N1 /2 of the NW1 /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less. (VACANT LAND) CO NTRACT TO BUY AND SELL RE ESTATE Contract entered into February 22 , 1993 by and between the City of Pueblo, a Municipal Corporation, 1 City Hall Place, Pueblo, Colorado (herein "Purchaser") and The Joseph Occhiato Testamentary Trust (herein "Seller ") , W I T N E S S E 'T H: 1. Seller shall sell and convey, and the Purchaser shall purchase subject to and upon the terms and conditions stated herein, all of Seller's right, title and interest in and to the real property described in Exhibit "A" attached hereto and incorporated herein located in Pueblo County, Colorado, together with all tenements, hereditaments, appurtenances, and easements thereunto belonging or appertaining, all fixtures and improvements thereon, and all adjacent vacated streets, alleys and public rights of way, if any, in their present condition, ordinary wear and tear excepted (the "Property "). 2. Seller represents and warrants that Seller owns an undivided one -third interest in the Property. 3. The purchase price is $ 16.000.00 payable as follows: $ 100.00 hereby receipted for and the balance in cash or certified funds at closing. 4. Price to include: any improvements presently on said pr together with all mineral rights owned by the seller. 5. The date of closing shall be60 des after above d ate199' , or by mutual agreement, at an earlier date. The hour and place of closing shall,be as designated by Purchaser. 6. Title shall be merchantable in Seller, except as stated in this paragraph. 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 general warranty deed to Purchaser on date of closing conveying Seller's right, title and interest in and to the Property free and clear of all taxes, liens for special improvements installed as of date hereof, whether assessed or not, liens and encumbrances, rights of way, easements, restrictions and reservations, except general taxes for the year of closing, recorded easements for utilities, and Upon acquisition of all interests, Purchaser agrees at its expense, to erect and maintain a statutory fence on the North and West boundaries of the de- scribed property. 7. Purchaser, at its expense, shall on or before date of -1- closing, obtain a current commitment for title insurance policy in an amount equal to the purchase price. Except as stated in para- graph 6, if title is not merchantable and written notice of defects is given by Purchaser to Seller on or before the date of closing, Seller shall use reasonable efforts to correct said defects prior to closing. If Seller is unable to correct said defects on or before date of closing, Purchaser may, by written notice to Seller on or before date of closing (a) elect to waive such defects and proceed to close; (b) terminate this Contract and obtain a redelivery of the earnest money paid to Seller by Purchaser, or (c) elect to cure such defects itself deducting the reasonable expense of such curative action, including reasonable attorney fees, from the purchase price due Seller at closing. 8. Any encumbrances required to be paid may be paid at time of settlement from the proceeds of this transaction or from any other source. 9. General taxes for the year of closing based upon the most recent assessment and most recent levy, water charges and sewer charges shall be apportioned to date of closing. 10. Possession of the Property shall be delivered to Purchaser on date of closing free and clear of all leases or tenancies. 11. Time is of the essence hereof. If any note or check received as earnest money hereunder or any other payment due here- under 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 PURCHASER IS IN DEFAULT, then all payments and things of value received hereunder shall be forfeited by Purchaser and retained on behalf of Seller and both parties shall thereafter be released from all obligations hereunder. It is agreed that such payments and things of value are LIQUIDATED DAMAGES and (except as provided in subparagraph (c)) are the SELLER'S SOLE AND ONLY REMEDY for the Purchaser's failure to perform the obligations of this Contract. Seller expressly waives the remedies of specific performance and additional damages. (b) 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. (c) Anything to the contrary herein notwithstanding, 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 attorneys' fees. IWZ 12. Purchaser's performance under this Contract is contin- gent upon all parties owning any interest in the Property executing similar contracts with City for the sale of their interest in the Property and approval of this Contract by resolution adopted by the City Council of Purchaser within 60 days from date hereof. 13. Purchaser pay Seller's broker and purchase herein paid by Seller. shall not become liable for or obligated to fee or similar fee in connection with the sale contemplated. All such fees, if any, shall be 14. Seller, for himself, his tenants and occupants of the Property, if any, does hereby release and forever discharge Purchaser from any and all liability or claims for relocation assistance or payments, incidental damages, or damages or injury to Seller's remaining property, if any, resulting from the purchase and acquisition of Seller's Property hereunder by Purchaser. 15. The singular shall include the plural and the masculine shall include the feminine or neuter whenever the context requires. 16. This Contract contains the entire agreement and under- standing of the parties hereto and cannot be changed or modified except by written agreement signed by both parties. This Contract shall be governed by and construed in accordance with-the laws of the State of Colorado and shall be binding upon and inure to the benefit of Seller and Purchaser and their respective heirs, personal representatives, successors and assigns. Executed the day and year above first written. SELLER: PURCHASER: PUEBLO, A MUNICIPAL CORPORATION ;UST By City Manager TJ 50.22 -3- EXHIBIT "A" The N1 /2 of the NW1 /4 of Section 18, Township 21 South, Range 65 West of the 6th P.M., containing 80 acres, more of less.