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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 - 1 - 'a; 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 2 -