HomeMy WebLinkAboutcoa.lu.su.Hyman Victorians
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\ _378 PACE290
AMENDMENT TO HYMAN AVENUE V!CTORIANS (SUBDIVISION)
SUBDIVISION I~ROVEMENTS AGREEMENT
THIS AGREEMENT, entered into and made this /$T day of
(2-1:6L.e-
, 1979, by and between PERRY A. HA~VEY ("Subdivide ")
and THE CITY OF ASPEN, COLORADO, a Municipal Corporation, ("City").
WITNESSETH:
WHEREAS, Subdivider and City have entered into that
certain SUBDIVISION IMPROVEMENTS AGREEMENT dated the d$71 day
of
1N'/
, 1977, and recorded in the real property recor s
of pitkin County, Colorado on the
day of
, 1977
in Book .Ea.'! at Page :;'tJI , which agreemenct related to Lots
Rand S, Block 32, East Aspen Addition, City of Aspen, County of
Pictkin, State of Colorado. Subsequently, a condominium map went
of record and the said real property is now known as Hyman Avenue
Victorian Condominiums; and
WHEREAS, the Subdivider and the City are desirous of
amending said SUBDIVISION IMPROVEMENTS AGREEMENT in order to
clarify the language contained in paragraph 5 thereof.
NOW THEREFORE, in consideration of the premises and
the mutual covenants herein contained, the parties hereto hereby
amend said SUBDIVISION IMPROVEMENTS AGREEMENT so that paragraph
5 therein is hereby deleted and replaced in its entirety with
the following:
5. Neither unit 2 nor Unit 3 of the Hyman Avenue
Victorian Condominiums shall be leased for any period of less
than six (6) successive months; or, in the alternative, be leased
more than twice for short-term periods within any calendar year,
(in addition to occupancy by the owners or any lessee for a six (6)
month lease. term). "Short-term period" shall mean not more than
fifteen (15) days. The foregoing restrictions shall not apply to
Unit 1 of the Hyman Avenue Victorian Condominiums.
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Except as amended as aforesaid, the said SUBDIVISION
IMPROVEMENTS AGREEMENT shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed
this agreement as of the day and year first above-written.
STATE OF COLORADO
?b1/1~77/-/t:M;~
PERRY A. RVEY, Subdivide~
58.
COUNTY OF PITKIN
The foregoing instrument
this ,-.J::f '-I day of -'S A ~ e4.-
Subdivider.
was acknowledged before me
, 1979, by PERRY A. HARVEY,
. VA .'J! ';;'0 /'f?.;L
My commission exp~res: ~--~ ,
..:Cl<li/iTNESS my hand and official seal.
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N tary Public
CITY OF ASPEN
By /L~~or
dd
KOCH, City Clerk
STATE OF COLORADO
ss.
COUNTY OF PITKIN
,.."UJ The fo~mi,ng instrument was aCknowledg. ed)?k.,&or. e"r~~,.;.....t. p.......~....s.
~day of (7i1~l ,1979, by HERMAN EDEL,.;>>ayot1,o,9-fig.'..
KATHRYN S. KOCH, City Clerk.O"'~ . .,<~\.,}
" . Af\....1l.....1~_~[a)~;~r~',)\18i7o't,~
My comm~ss~on exp~res: cc;rOt;e( ll~J._~~-'-~--<c- ; ~
WITNESS my hand and official seal.:'j5'~};'\,(,Yh'1 0"\" .
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HYMAN AVENUE VICTORIANS (SUBDIVISION)
SUBDIVISION H1PROVEI.lENTS AGREEMENT
THIS AGREEMENT, entered into 'and made this ~~Yn day of
Cfr,,\L
, 1977, by and between PERRY A. HARVEY ("Subdivi-
der"), and THE CITY OF ASPEN, COLORADO, a Municipal Corporation
("City") .
WITNESSETH:
WHEREAS, Subdivider is owner and subdivider of a tract of
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Block 32, East Aspen Addition, City of Aspen, County of Pitkin,
State of Colorado.
WHEREAS, Subdivider has submitted to City for approval, ex-
ecution, and recording a subdivision plat of the above-described
property, such subdivision to be known and designated as "Hyman
Avenue Victorian"; and
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WHEREAS, the City has fully considered such subdivision plat
erty shown thereon, and is willing to approve, execute, and
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accept
said plat for recordation upon the agreement of Subdivider to the
matters hereinafter described, which matters are deemed necessary
to protect, promote, and enhance the public welfare; and
WHEREAS, Subdivider and the City wish to reduce said agree-
ment to writing,
NOW, THEREFORE, in consideration of the premises,
the mutual,
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1. Subdivider covenants and agrees to and with the City tha~
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he will affirmatively consent to and join in the formation of
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covenants herein contained, the parties hereto hereby agree as
follows:
any special improvement district, encompassing all or any
part of Hyman Avenue Victorians (Subdivision), that
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may here...!
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after be proposed or formed for the construction of streets,
alleys, and drainage improvements or buried electrical im-
provements. Subdivider hereby waives and further covenants
and agrees to waive any right of 'protest against the forma-
tion of any such district.
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2. Owner and Subdivider, for itself, its successors in
interest, grantees and assigns, Covenants and agree that in
the event the City undertakes street improvements (including
paving, curb and gutter, and sidewalks) without the formation
,
of a special assessment district when such street improvement,s
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include improvements in the right of way abutting Lots R & S,I
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Block 32, East Aspen Addition, it will pay the actual cost
of any such improvements abutting the boundary of said Lots
R & S, such payment to be made to the City within
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ninety (90)!
days after completion of/the improvements and on receipt of
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written notice and demand for such payment.
3. The improvements shown on the Final Subdivision Plat in-
cluding curb, gutter, sidewalks, and landscaping shall be
/
completed as a condition for the issuance of the Certificate
of OCcupancy.
4. Subdivider agrees to pay to the City, prior to filing for
record of the subdivision plat, the sum of Seven Thousand,
Eight Hundred and Eight Dollars and Eighty Cents, (7,808.80)
as full payment for .all obligations in lieu of land dedica-
tion as required by the provisions of section 20-18 of the
Aspen Municipal Code. Stich payment will be made by the ex-
ecution of a promissory note
-fo
oper, ~ .the CITY OF ASPEN
from PERRY A. HARVEY, the devel-
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for the dedication fee and
interest at the rate of nine percent per annum.
5.
All princi- i
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any period of less:
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pal and interest will be due and payable Upon issuance of a
certificate of occupancy for the improvements.
No multi-family dwelling unit within the Hyman Avenue
Victorian Condominiums shall be leased for
than six (6) successive months; or, in the alternative, be
leased more than twice for short term periods within any cal~
endar year (in addition to Occupancy by the owners or any I
lessee for a six-month lease term). "Short-term period" i
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shall mean not more than fifteen (15) days.
6. Upon execution of this Agreement by all parties hereto,
City agrees to approve and execute the final plat of the
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Hyman Avenue Victorians (Subdivision) and accept the same
for recording ip the real property records of Pitkin County,
Colorado, Upon payment of recording fees and costs to the
City by Subdivider.
7. The covenants and agreements of the Subdivider herein
shall be deemed Covenants that run with the land, shall
burden the land included within the Hyman Avenue Victorians
(Subdivision), and shall bind and be specifically enforce-
able against all subsequent owners thereof, including Sub-
divider, its grantees, SUccessors in interest and assigns.
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IN WITNESS WHEREOF, the parties hereto have executed this
agreement as of the day and year first above written.
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II Notary Public
Commission expires 08-24-80
ATTEST:
I 2dXTvun-) d' j"-u.k~
I Kathryn,;;;s. Hauter, City Clerk
I STATE OF COLORADO)
) ss.
COUNTY OF PITKIN )
PERRY A. HARVEY
?U1n~h7 /-/t'VJC/~
Perry A. arvey, Subdivid
III, Mayor
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The foregoing instrument was acknowledged before me this
~~ day of ~~ , 1977, by Stacy Standley, III, Mayor,
and Kathryn S. Hauter, City Clerk.
Witness my hand and official seal.
My commission expires
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Notary Public
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MEMORANDUM
TO:
Aspen City Council
FROM:
Planning Staff (HC)
RE:
Hyman Street Victorians - Final Subdivision Plat
DATE:
January 20, 1977
This is a request by Perry Harvey of Interwest Realty for Final Subdivision
Plat approval for the Hyman Street Victorians located on Lots R & S,
Block 32, East Aspen Addition (990 East Hyman Street). The property is
zoned R/MF and consists of 6,000 square f-et in area. The proposal
is for three two-bedroom condominium units. The property is presently
developed with a ene bedroom residence which will be remodeled into one
of the two bedroom units. The R/MF zone requires 2,000 square feet per
two bedroom unit.
The Subdivision Improvement Agreement includes restrictions for m~n~mum
six month lease rentals. The land dedication required by the Park
Dedication requirements is 1764,18 square feet. The Planning Office
recommends a cash dedication be required by Council. As of this writing
the market value of the land has not been agreed upon. We anticipate
this being resolved by the date of the Council meeting,
This project has received Preliminary Plat approval by the Aspen Planning
and Zoning Commission prior to the Council action authorizing the delay
in subdivision review.
The Planning Office recommends approval of the Final Plat of Hyman Street
Victorians,
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MEMJ
TO:
HAL CLARK
PLANNmG DEPARl'MENT
DAVE ELLIS
CITY ENGINEER 9-4-.
FROM:
DATE:
January 18,1977
HYMAN AVENUE VICIDRIANS - FINAL PLAT REVIEw
HE:
The engineering department has reviewed the final plat and requested
some relatively minor additions and changes including a change in
name fran Hyman Street Victorians to Hyman Avenue Victorians.
These modifications have been discussed with Perry Harvey and he
has agreed to make them. The subdivision agreement was satisfactory
except for the emission of the six month :rental restriction. A
revised agreement is being suJ::mi tted. Subject to the above cornnents
the engineering department reCOl1illends final approval.
cc: Perry Harvey
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MEMORANDUM
TO:
Dave Ellis
FROM:
Hal Clark
RE:
DATE:
'Fianl Subdivision Plat - Hyman Street Victorians
January 14, 1977
Attached for your review are two copies of the Final Subdivision for
Hyman Street Victorians. A draft subdivision improvement agreement
will be submitted this week. Perry Harvey is in contact with Mick
Mahoney concerning the land evaluation for the cash dedication fee.
I have spoken to Perry Harvey regarding changing certain language on
the plat to show separate condominium units 1, 2, 3 rather than a single
family and to define the number of bedrooms in each unit.
The applicant has requested a review date of January 24, 1977 which
obviously crowds the engineering review time. I had been out of the
office at the time this final plat was submitted and consequently it
has been delayed more than it would normally have been. Please
advise if YOU.' will be unable to review in time f.or the meeting of January
24.
Thank you.
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!nlefwBslinc me Dulant Mol! 710 EastDuranl Srreet ".spen Coiorado 81611 USA 303/925-2772
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.. < In.Hour coriversationWednesday the' 19th regarding 'the::.'~;t,
dedicatiq,n..fe~,. it is my"understanding that' two things '\;g;:;!:'l.: "
were agreed' upon. The first is that the $67,500.00 valti ..
'ation~ as.reportedby Jim MOllica, is valid for lots '.
R &: S, Block 32, East Aspen Addition. The second item
is'<that.the<dedication fee.should be based upon the
of two-2'bedroom units, for a total of four bedrooms.
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Gi ven 'these
as follows:
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facts' I'. have
calcUlated.my
dedication .'
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Land value of $67,500.00 = $11.25'p'er"sg:. foot or
$490,050.00 per acre.
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$1,225.125
$6,615.68,
Q 9-2:t, so .
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If my calculations
x 5.4 (2.7 people per two bedroom) =
dedication fee.
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$490,050.00 x .0025 = 1,225.125.
are in error, please let me know..
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MEIIORANDUM
TO:
Aspen Planning Commission
FROM:
Planning Staff (BK)
RE:
Hyman Street Victorians, Preliminary Plat
DATE:
August 12, 1976
Application is being made for the Hyman Street Victorians, to include
three two bedroom units on 6,000 square feet. This density is per-
mitted on lots less than 9,000 square feet. We strongly encourage
the 6 month minimum lease restriction on the new units, The comments
of the City Engineer are attached,
We have no further comments and recommend approval with the under-
standing that suitable floor plans be submitted prior to final plat
approval to ensure that the development is restricted to two bedroom
development
ME!10
TO:
FHOl1:
DA'rE :
RE:
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HAL CLARK
PLANNING DEPT,
DAVE ELLIS . ~t::""
CI'l'Y ENGINEER \-\:...
August 11, 1976
Hyman Street Victorians - Preliminary Subdivision Review
The engineering department has reviewed the subject
project and recommends approval subject to the
fOllowing comments and conditions:
1) Vicinity map scale is incorrect; it is approximately
1"=1000',
2) The land surveyor's number should be given for those
caps noted as found.
3) The alley width is 20,9 feet rather than 20 feet.
4) Overhead power, telephone and cable television have
been omitted from existing utilities.
5) The proposed utility pad should be a public electric
and conununication utility easement with an eight (8)
foot access easement to the site.
6) Drainage plans, drywells, etc,should be indicated for
the site,
cc: Michael Erneman wi corrected plat
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PUBLIC NOTICE
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Notice is hereby given that a public hearing will be held on
August 17, 1976 before the Aspen Planning and Zoning Commission at
5:00 P.M, in the City Council Chambers to conside~ the preliminary
plat of the Hyman Street Victorians Subdivision, consisting of three
tW9-bedroom units and located on Lots R & S, Block 32, East Aspen
Addition (990 East Hyman Street), A copy of. the proposal may be
examined in the office of the City/County Planner during normal
working hours.
Published in the Aspen Times, August 5, 1976
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ADJACENT PROPERTY OWNERS TO PROPOSED
HYMAN STREET VICTORIANS
BLOCK 32, LOTS R & S
To the North:
Block 32 Lots G, H, I
Gavilon Condominiums (see attached list)
Block 32 Lots E, F
AEM Corporation
P. O. Box 301
Aspen, Colorado 81611
To the East:
Block 32 P, Q
Aspen East Condominiums (see attached list)
To the South:
Block 35 Lots D, E, F, G
Frank A. & Hazel A. Loushin
P. O. Box 582
Aspen, Colorado 81611
Block 35 Lots H, I
Charles D. Tower
P. O. Box 3014
Aspen, Colorado 81611
To the West:
Block 33 S~ of lots K, L, M
Edward H. & Arlene E. Brennan
P. O. Box 1965
Aspen, Colorado 81611
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Block 33 N~ of lots K, L, M
Leonard W. & Edith Levisohn
760 Cherry
Denver, Colorado 80206
Block 34, Lot A
Leland F. & Josephine M. Bartlett
P. O. Box 936
Aspen, Colorado 81611
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GAVILON COND01>lINIU/1
Unit 1
ClISSATT, Robert
1264 l'lashington Ave.
Washington Township
P. 0, Westwood, New Jersey 07675
Unit 2
. SULLIVAN, Edward
Box 1855
Aspen, Colorado 81611
Unit 3
PHILLIPS, Edward
Box 3050
Aspen, Colorado 81611
Unit 4
KENNEY, Charles
% Phyllis Kenney
Box 4183
Aspen, Colorado 81611
Unit 5
Sr40THERJ.1Ji.N, Frank
Box 3626
hspen, Colorado 81611
Unit 6
rffiRTIN, James & Diana
Box 10502
Aspen, Colorado 81611
Unit 7
HIILIVIRTA, Mr, Ilmari
Box 3047
Aspen, Colorado 81611
Unit 8
LEONDORF, Ms. Clair
Box 3G
Aspen, Colorado 81611
Unit 9
NUVEEN, John
Box 129
Bartlett, New Hampshire 03182
Unit 10
OLIVER, Russell
Ru-el Corp.
% Nrs. Ellen Carter
226 l1arin Ave.
Balboa Island, Calif.
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7? ?x: / II /
?9-J(/JE:-/> / GdlcJ
92662
Uni t 11
~lICK]'.RD, Grant
6124 E, Oregon PI,
Denver, Colorado 80202
Unit 12
FULLER, Co1. & I1rs, Robert, Jr,
8501 t'lolftrap Road
Vienna'-Virginia 22180
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ASPL~ EAST COI\DO:nXIUH
Unit 1
l~~, KUU~LL ~ ~,et
9.z.e.r-'''-es l C 61 f "Y_..8.Y e ,
D"R'V-e-r,-C-o:l:-e'l'C<l-<>_8 0 215
C, . L " /? .
-<J--a.-i.~3" . 1/21'-;1'"....... ., ~/ t.oJ "'~
Unit 2
HICHNAN, Charles & Jeanne
Box 656
Honolulu, EaHaii 96809
l'nit 3
LITTLE, Carol J,
Box 2616
Aspen, Coloradu 81611
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Unit 4
GARFIELD, Ronald
Box 8327
Aspen, Colorado 81611
Unit 5
ALLEN, Barbara
Box 835
Aspen, Colorado 81611
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MEMORANDUM
TO: Dave Ellis
FROM: Planning Staff (HC)
RE: HYman Street Victorians - Preliminary Plat
DATE: July 27, 1976
Attached are two plats of the Hyman Street Victorians Subdivision
located on Lots R & S, Block 32, East Aspen Addition (990 East
Hyman Street), The property i szoned R/M/F and cons i sts of 6,000
square feet. Three 2-bedroom units are proposed.
We have set the Planning and Zoning Commission review for August 17,
.1976. Please have your comments to us by August 12, 1976.
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MEMO
TO: HAL CLARK
PLANNING DEPT.~
FROM: DAVE ELLIS
CITY ENGINEER
DATE: July 9, 1976
RE: Hyman St. Victorians - Conceptual Subdivision Review
The engineering department recommends conceptual
approval for the Hyman St. Victorians. At the
preliminary stage the standard street improve_
ments and electrical easements will be required.
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MEMORANDUM
TO: Aspen City Counci 1
FROM: Planning Staff (HC)
RE: Hyman Street Victorians - Conceptual Subdivision
DATE: July 8, 1976
This is a request for Conceputa1 Subdivision approval for the Hyman
Street Victorians located on Lots R & S, Block 32, East Aspen Addition
(990 East Hyman Street). The property is zoned R/MF and consists of a
land area of 6,000 square feet, The R/MF zone requires 2,000 square
feet per unit for two bedroom units on a lot size of less than 9,000
square feet,
The applicant, Perry Harvey, represents that a deed restriction will
be placed on the additional two new condominium units requiring a minimum
of a six month lease, The Planning Office agrees that this is very
appropriate for the R/MF zone, We also, encourage the applicant to de-
sign the proposed addition in harmony with the existing Victorian house
on the property,
The Planning Office recommends approval of the Conceptual Subdivision
for Hyman Street Victorians.
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DATE:
June 21, 1976
TO:
The City of Aspen
FROM:
Perry Harvey
RE:
Hyman Street Victorians: Concept Subdivision
Property description:
The property
there exists
1,000 sq. ft.
and consists
is two city lots containing 6,000 sq.ft" and
a one-bedroom Victorian structure of approximately
The property is located at 990 East Hyman Street
of lots R & S in Block 32.
Intention:
I have entered into a contract to purchase lots R & S of
Block 32, City of Aspen. It is my intention to remodel the
existing Victorian by adding another bedroom to create a
two-bedroom permanent residence for myself. I also intend
to construct, in accordance with the currently-allowed density,
2 two-bedroom condominiums to be sold upon their completion.
I feel this project will sell quickly to permanent residents.
To facilitate this housing demand, I intend to place a deed
restriction on the two, new two-bedroom condominiums requiring
a minimum of a six-month lease. The new structure to be added
to the property will be designed in a manner that will be
aesthetically compatible with the existing structure.
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'. e~ A5FE'.f.l- ADDJnoN
- PITl"olN c.<?VNTY, COLORAPO
i1YMI\H '5T,-
Project Name:
HYMAN STREET VICTORIANS
Lot Area:
6,000 square feet or 0.14 acres
Proposed Development: -One 2-bedroom condominium (remodeled
existing I-bedroom single family
residence)
R/MF land consumption
2,000 sq. ft.
-Two 2-bedroom condominium units
(New 2-story structu.re)
R/MF land consumption
4,000 sq. ft.
6,000 sq. ft.
- Total R/MF land consumption
Anticipated Project
Population:
8.1 persons (2.7 persons/2 B.R. unit)
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HYMAN STREET VICTORIANS
Aspen Colorado
Scale 1" = 400'
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DATE:
June 21, 1976
MEMO TO:
Hal Clark
FROM:
Perry Harvey
RE:
Hyman Street Victorians
Please find attached ten copies of the concept presentation,
one receipt and option contract shOwing beneficial ownership,
and one check for $160.00 for concept fee.
I am requesting that this project be submitted to Planning
and Zoning for the July 6th meeting and to City Council for
their July 12th meeting.
Thank you.
?&1/l,/ /~Ly
cc: Kathy Hauter, City Clerk
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Th... print1"d portion of !hi~ form :1PI''!'OlCd hy tht'
("..lor-3do H~...l Esl:ot1" Commhs;on (SC 20-10.7':;)
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RECEiPT AND OPTION CONTRACT
(RESIDENTIAL)
June 3,
,19?~_
RECEIVED n<O~I --f-,,_rr-y-'s~H,,};..y~__..
Plln.ha;;erJ~Ji~ii~{}t.:X.~~H{, the sum of$--.-.2,.,5Jl0.._"OD,________, in the form of ---Che.ek __..__~
r,~,:~ hf:;.d by ,j r jngb..a~______-'---____,__________._, broker, in his escrow or tl"U~t~~. account,
~,,' ,.-~!"!~<",;t money and part payment for the follo\\'ing d~scribE'd real e:::;,tate ~itu:lte in the.__
C;'~:~::',Y of_RiJ:.k.in- ,Color;\do, to wit:
Lots K
and S
of Block 32, City of Aspen.
with all improvements thereon and :tll fixtures of a permanent naturecurrentlJ' on the premises except as hereinafter
provit~ed, in' their pr-esent condition, ordinary weal" and tear excepted, known as No.--.9.-9: 0
-_..E.as..t_!:l:pJJil.IL..S..t, , C i tY,._uf-AS.ften
which property pure-haser agrees to bu)-: upon 'the follo\,,'ing- ~erms and conditions, for the purchase pdce of
S l? '1 , no 0 ,payable as follows; :%XXXXXXXXXXJ:Qhl;K};:j10;;x,liill'llYoX;liXXXXXXXXXXXXX'
$ 2,'100 n2reby receipted for;
122,500 cash on closing;
This contract is specifically contingent qn the buyer
9~taining financing for 75% of the purchase price or $93,750 for not
'1'2ss than 25 years at not more than 9.5% annual interest and no more
'1:nan a 2--9oint loan fee.
1',11." 1. If a note and trust deed or mortgage is to be assumed, the purchaser agrees.to JJaY a Joan transfer fee not to
~xc;'>t'd $----D9-.n.e and it isa condition of this contract that the purchaser may assume such ent"l.Hll~
.bl-ance ,vithoutchang'€ in its terms or conditionsexcept_..ll.on_e
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2. P!"ic~ to include anJ- of the following items currently on th~ premise.:;: Lighting, heating and plumbir.g fixtuj'es;
oH nut';';(.r plants, ,..-indow and porch shades, venetian blinds, storm '....indows, storm doors, screens, curtain l.ods, dnlp-
1. i:--': rods, .;:~ntral a.ir conditioning, ventilating fixtures, attached TV' antennas, attached minot's, linole-lIm, awning-:;.
'.y~::el" softener (if owned b~.. seller), fireplace screen and grate, builtRin kitchen appliances, wall to wall carpeting-
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, ati i!1 their present condition, free and clear of all taxes, liens and encumbrances except as provided in paragraph 4;
pi'!)vid~{i, however, that the foHowing fixttu-es ora permanent nature are excluded from this sale: nnnp
XXfuX:z"t'i~XiXB\a,{X}~~~~1JX~iX}P8'\'i~Y..c~*~~Xf}8{.X-:XA cUlT~nt commitment for title in5UrallCe }.loliC)' in ~n
amount equal to thepl.lrchase price, <.K~~J.kK:XQ?i-xiJi{rXx-xl~X~;:{x~hrtll be fUl:nished the purchaser on or before
1\ 11 gnsL....l.6____ , 19~fi.... M:2Q{Jx,x,)0ltlGQ{;X')QX!X,J,;MXiYlXiXXXXXcXXtx",J:G{}ll,,\Sc.ller will
deliver the title insurance policy to purchaser after closing and pa~! the premium therl:!on.
-1. Title shall be metThantable in the selleL Subject to p~yment or tender as above provided and complian(.C' with
thE" other tet'ms and conditions hereunder by pllt"chn!'er, the seHer'sha1l execute and deliver a ~'ood and :<.ufficient
---,----..g..e.n.e.r.n 1 ,valTanty deed to said purchaser on A.llg..US_~6_1--"'--'___, 19.7_6__
or". by mutllul agTeement, at an eadi~rdate, conveying said propel'tyfree ilnd ch~ar ofal! taxes, exce.pt the R~nen\l
tax~:> for 19......:L6-, payahle Janllar:y 1. 19--.:Jl. and exeept...--_----..nOl1 P
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5. Glo::n~ral taXI:!:' for 19.]....6_ shall be <:IpPol"tioned to date of delivery of dt'~d ha~ed no thE> mo:>t I'~("I:>nt Ie'\")' and the-
I; enl.:umhrances,ifan~".and nQn..e _____ ~
I! shall be "ppOl"tioned to date "r oieIhery "rdeed.
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fl'e!:: and cleal. of all liens for special improvements now io!'>talIed, whether assh:>-ed or not; fret:' and de::!" (If all lien:<
and ~ncumbranc~s except east:.'ll]:ents fortelephone. electl"icity. water and sanitary seweI', and except --nonp
and subject to building and zoning regulations, and re:stricti....e COVenants of recont Any encllmbranel" r~Quirt"d to ut>
paid ma;y be paid fI"Om the proceeds of this tnmsaction.
;-':"- ~~C :!.O-l 0-7:-;, R~"";:>l ""d 1);>1;"" ('"nl r"d (H,..~i(l,_,,! i"Jj -- Hr;,d!",n! h:nli,11;")! Co,. l'-;:!.l.~~ ~!')\ll ~{!''''''{" t',.""<.,,. e"ln)",,,!.> :{.;6
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~,The hour .ln~ place of cio:;in:;$hail he as desh!nat~'d 11Y _____J_.._.C._.J.ng.bpJXt.----
t. Po':':;.es~ion ofpremi~e::- shall be delivered to jlUfchaseron ____.___,l)U-89-st--3-.6-.,J...-19~6------.-----
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suhj<:,l,:t to the fol1owin~ leases or tenancie::;;
None.
If '(hi;: ~.:I:cl' Ltil,:. to deliver po:<:;;~ssion on the datf' 11<:'I'\:'in ~pc('ifil:'cl. ttw sellt'," :::.ha1l be slllljt.'ct ro eviction .tnJ :<hall hl"
li;,thl~ fOI" a daily l"ent<~l 0[$_.1_5. QQ~.________llntil po:,:-e~:-;ion i,:. deliyered.
S, In the €\"enl the pri-\.:nlses shall be danHtJ.{ed by fire or other casllnlt,y prior to time of closing. in an amount of not
n\ll!'e than t-:-iI pel" cent of the total }.Hll'cha:::.e- price, the ::;eller 5hall be ohligated to repair the ,:.ame befon::' tlw date herein
pro,.;""J for deliVery of deed. In the event such elamage cannot be r'epail'eel w\thin said time or if st'"h dan,a"e shall
exc€t:'tl sucn sum, this contract may be cancelled at Clption of pllrclHl::;~I'. Should the PlIrcha::.el. elect to carry out thb
agreement despite snch dama"e, such purchaser shall be entitled to all the credit for the insurance proceeds l'esultin",
from such dam;,;.g:e, not e~ceeding, however, the total pun:ha:s€ price. Should any fixtUl"e::; 01' services fail between the
(hte of this ag.reement and the' date of possession 01' the date of deliver;.-' of d<:,ed, whicnevt'r shaH be earlier, then the
seller shall be re5p~)l\sible for tne repair or replacement of such fixtures or s~ryiC~s \vith Cl unit of similar size, .age and
quality or an equivalent credit.
9, Titr'le is of the essence hereof, and if '-li1)-" payment or any other condition he:"eof is not made, tlomdel'ed or pe-rfonnt:'d
as he:'ein provided, there shall be the fol1o\'.."ing remedies. In the event a payment or any other condition hen'of i$ not
macl?'. tendered or perfonned b:y the purchaser, then this contract shall be null and .....oid and of no effect, and both parties
hereto released from all obligation:) hereunder, and all pa)'mo;>nts mcHle hereon ~hall be retained on b€'ha1f of the seHer as
liquidated damages. In the eVEoYlt that the se]]er fails to perform any condition hereof as provided herein. then the
pu!'chaser may, at his election, treat the contract as termina'ed, ,.nd all payments made hereunder- shan be l'etlll'ned to
the "u!'chaser: provided, however, that the purchaser may, at his election, treat this contract as hein?; in fu]] fOITe and
effect \vith the right to an action for "5p':>clfic p"edormance and dalHage~.
rD. In the event the sener fails- to approve thi~ instrument in 'writing on or before______JJ.lnB__J...S
H>._7_Q_. QI:if ~itle is not :":'!,.-"rchantable and \\Titten notice of defects is given to the 5eller or ag:ent \vithin the time herein
p,'ovided fo" delivery of deed and shall not be rendered merchantable within ~O days after such writ,"'n notice, then this
contract, at purchaser's option, shall be void and of no effed Hnd each party hereto shall he relea:sed from all obligations
he1',,'~"lnder and the payments made hereundershall bE" returned forth....\...itl1 to purchn~el" UlfOt1 return of the ahstract, if
2ny, '0 seIler;.provided, however, that in lieu of correct in?; such defects, seller ma)", ".\thin said 30 days. obtain a
commitment for O\\:ner"s Title Insurance Policy in the amount of the porchase price sho\;:ing the title to be free fI'orn
s'\.iI~h defects and seller shall pay full premium for such Title In~urance Policy.
11. Additonal Provisions:
12" Upr.m approval hereof by the seller, this agreement shall become a contract bet\',"~en seller and purchaser and
shall inure to the benefit of the heirs, successors and assign5 of sai~ parties.
~/J/7?/ 77 /-Lv2o.~!/....J'... 6,,-:?-7<;\i<ent
P\lr...h:l~cr / '.' Datl:c'.
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By:
Dlltc
J'ur",""r.a"~l:r
u-"
SeneI' approves the above contract this 1 day of ,19& and ""rees
to pay" commi"ion of -6 .- % of the gross s.les price fOI".e vkes in this transaction. and a",'ees that, in the
ever.' of forfeiture of payments made by purchaser, such payments shall he divided hetween the seller's broker and the-
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( \ s,rT, S,lle<
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PUl'"h"SH's Add,.ess,_~ r 72--6
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Sel!ds Address ~.f / /05
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