HomeMy Public PortalAboutORD10477 i
BILL NO. ' �9
SPONSORED BY COUNCILMAN AJ Ct.�O
ff
ORDINANCE NO. 10-4i
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A CONTRACT TO PURCHASE PROPERTY.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI,
AS FOLLOWS:
Section 1. The Mayor and City Clerk of the City of Jefferson
are hereby authorized to execute contract with Thomas L. Surface and
Jacqueline Surface for the purchase of property.
Section 2. The contract shall be substantially the same in
form and content as Exhibit A attached hereto.
Section 3. This Ordinance shall be in full force and effect
from and after the pdate of its passage and approval.
Passed D 0 5� Approved 'o-zv
P es iding Off ' �er /Mayor
ATTEST:
City Clerk
Adak
• CONTRACT FOR SALE OF REAL ESTATE
This Contract is made and entered into this -L-.q day of
1985, by and between Thomas L. _Surfa_ce
and Jacqueline Surface
husband and wife, of Cole County,
Missouri SELLER, and the
City of Jefferson, Missouri, BUYER.
WITNESSETH:
1. That the Seller agrees to sell and the Buyer agrees to
buy upon the following terms and conditions the following
described real estate situated in the County of Cole
State of Missouri:
2. The Buyer agrees to purchase the above real estate and
the improvements thereon for the sum of Thirty-seven Thousand
Dollars ( $37,000 ) , payable as follows : $10. 00 upon signing contract,
$36, 990 ' at closing.
3. Merchantable title of record and in fact shall be
conveyed by general warranty deed free and clear of all
encumbrances except as herein provided.
4 . Any realtors fee shall be solely the responsibility of
the Seller.
5. It is understood and agreed that title herein required to
be furnished is marketable title as set forth in Title Standard 4
of the Missouri Bar. It is also agreed that any encumbrance or
defect in the title which is within the scope of any of the Title
Standards of the Missouri Bar shall not constitute a valid
objection on the part of the Buyer, provided the Seller furnishes
the affidavits, or other title papers, if any, described in the
applicable standard.
6. Seller shall within fifteen ( 15 ) days hereof deliver to
the Buyers an abstract or title insurance commitment to said
premises, prepared and certified to date by a reputable abstract
and/or title insurance company and showing merchantable title of
record in Seller. Buyer shall have fifteen ( 15 ) days from receipt
of the abstract or commitment to deliver to Seller in writing any
objections to title. Any objections to defects appearing in -the
abstract or commitment not so made except liens of record, shall
be deemed waived. Any defects in title shall be corrected by the
Seller within sixty ( 60) days from receipt of notice of such
defects, provided that if such defects cannot be corrected within
said time, then this contract shall be void and the money paid by
the Buyer herewith shall be returned to them and the abstract or
commitment to the Seller.
7. Taxes for the year 1985 shall be prorated between the
parties as of date of delivery of the deed. Any special
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assessments becoming a lien after the date hereof shall be paid
by the Buyers . It is understood by the parties that uncertainty
exists as to the amount of taxes for 1985 due to reassessment and
rollbacks . The prorating of taxes shall be based on the 1984
taxes without recourse by either party.
8. It is understood and agreed that if the Seller has kept
the Seller's part of this agreement by furnishing marketable
title as herein provided, and if the Buyer fails to comply with
the obligations outlined in this agreement, then the money
deposited as earnest money may be paid over to the Seller as
liquidated damages, actual damages being difficult if not
impossible to ascertain, and this agreement may or may not
thereafter be operative, at the option of the Seller_ .
9. In the event of any loss or damage to said premises
between the date of this contract and the delivery of the deed,
the Buyer shall receive all insurance payable for the same,
provided, however, that if said damage is substantial and
materially affects the present use of the property, then the
Buyer at its election may rescind this contract and the down
payment shall be returned to it.
10. This transaction shall be closed on or before September.
18, 1985, at City .Hall, Jefferson City, Missouri, at which time
all money and papers shall be delivered and trasnferred and
absolute possession of the property shall be delivered to the
Buyer.
11. This Contract shall be binding upon the heirs,
administrators, successors and assigns of the parties • hereto.
IN WITNESS WHEREOF, the parties hereto have subscribed their,
names in duplicate, the day and year first above written.
711 R — -
SELLER
CITY OF JEFFERSON, MISSOURI
By
MAYOR
ATTEST: '
City Clerk
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