HomeMy WebLinkAboutCityMgrForm.833.09-19-1973 rf � �
CITY MANAGER FORM ORDINANCE NO. $� �j
AN ORDINANCE APPROVING THE FORM OF A CONTRACT BETWEEN MRS . A. L.
FUERTH AND THE CITY OF CAPE GIRARDEAU, WITH AUTHORITY FOR THE
MAYOR TO EXECUTE, AND AUTHORIZING THE PAYMEIVT OF A SUM OF MONEY
FOR REAL ESTATE
WHEREAS, Mrs. A. L. Fuerth is the owner of certain real
estate in the City of Cape Girardeau; and,
WHEREA5, the City desires to purchase said real estate for
purposes of constructing a new police station facility; and,
WHEREA5, Mrs . Fuerth and the City propose to enter into a
Contract containing provisions for the purchase of said real
estate;
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MI5SOURI, AS FOLLOWSs
5ECTION l. The City of Cape Girardeau, Missouri, proposes
to purchase certain real estate owned by Mrs . A. L. Fuerth, said
real estate being described as follows;
All of Lots 29 and 30 in Range "B" of the
City of Cape Girardeau, Missouri.
SECTION 2. That the Contract For Sale of Real Estate between
the City of Cape Girardeau and Mrs . A. L. Fuerth, a copy of which
is attached hereto marked "Exhibit A" , is approved in form.
SECTION 3. That the Mayor of the City of Cape Girardeau is
hereby authorized and directed to execute the Contract For Sale of
Real Estate, between the City of Cape Giraxdeau, Missouri, and
Mrs . A. L. Fuerth, attached hereto marked "Exhibit A" , for and on
behalf of the City of Cape Girardeau.
SECTION 4. Payment of the sum of Sixty-Eight Thousand Six
Hundred Fifty Dollars ($68,650 . 00) is hereby authorized to be made
by the City of Cape Girardeau, Missouri , to Mrs , A. L. Fuerth, for the
parcel of ground described in Section 1 of this ordinance, in
accordance with the provisions of the Contract For Sale of Real
Estate, attached hereto marked "�xhibit A" .
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SECTION 5. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS �9� DAY OF , 1973.
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MAYOR
ATTEST:
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CITY CLE
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CONTRACT FOR'. SALE OF REAL ESTATE
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This Contract, made" and entered into this ��( day of
, 1973, by and between r��`s. A. L. Fuerth, Cape Girardeau,
Missouri, hereinafter referred to as "Seller" , and the City of
Cape Girardeau, a municipal corporation, herein�fter referred to
as "Buyer" ;
, 6�ITNE5SETH:
l . That th� Seller agrees to sell and the Buyer agrees to
buy upon the following terms``and conditions the follqwing described
real est�ate situated in the City of Cape Girardeau, County of Cape
Girardeau, St�.te of Missduri , to-wit:
All of Lots 29 and 30 in Range "B" of the
City of Cape Girardeau, Missouri
2. The Purchase price is Sixty-Eight Thousand Six Hundred
Fifty Dollars ($68 ,650 .00 ) , payable in cash on the date of delivery
of the deed.
3. Merchantable title of record and in fact shall be
conveyed by Warranty Deed free and clear of all encumbrances except
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as herein provided. Se11er agrees to give notices to vacate to `
al1 tenants, presently having possession of any �ortion of the above
desCribed premises and to deliver the premises to the buyer
unencumhered by any tenanCies of any kind. It is unc�erstooc� by the
parties hereto that this Contract may be closed prior to the vacation
of all premises by the present tenants thereof but that the Seller
sha11 remain responsible fo� the vacation of the premises as soon
as legally possible, including the employment and payment of legal
counsel as may be necessary to obtain possession of said premises .
4. Seller shall within fifteen (15) days hereof deliver
to the Buyer an abstract of: .title to the premises , prepared and
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� certified to date by a competent abstracter and showing merchantable
title of record in the Se1]:�r. The Buyer shall have fifteen (15)
days from the receipt of the abstract to deliver to the Seller
- in writing any objeCtions to title , and any objections to defe cts
appearing in the abs�ract not so made, except liens of record, 'sha11
be deemed waived. Any defects in title shall be corrected by the
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Seller within thirty (30) 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 abstract shall
be returned to the Seller.
5 . Taxes for the year 1973 shall be prorated between the
parties as of the date of c�elivery of the deed. Any special
assessments becoming a lien after the date hereof shall be paid by
the Buyer. . �
6. This transaction shall be closed on the 20th day of
September, 1973, at the office of Deevers Rea1 Estate & Insurance,
440 Broadway, Cape Girardeau, Missouri , at whiCh time all money and
papers shall be delivered and transf_erred and ak�solute possession
of the property shall be delivered to the Buyer subject to the
provision for the termination of any present leasehold interests as
hereinbefore set out, except•<that if the closing should be delayed
by reason of the provisions `'of Section 4; then this contract shall be
closed at the earliest possible date after the provisions of Section 4
have been compl.ied with.
7. In the event of any loss or damage to said premises between
th� date of.,,this contract and the delivery of the deed, tlie Seller
shall receive all insurance payable for the same.
This contract shall be binding upon the heirs , administrators ,
successors and assigns of the parties hereto .
IN TaITNE55 �aHEREOF, the parties hereto have subscribed their
names in duplicate the day and year first above written.
Seller
CITY OF CAPE GIRARDEAU, MISSOURI
By
Buyer 1
ATTEST:
City Clerk
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