Resolution 2008-39 - Laserfiche WebLink

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[ernave and discat~d the existinb fence located within the Property without liability or payment of any kind to Seller. l~. 1irr+e is ofthe essence fierce#: Accordingly: a. If Purchaser should fail to perform according to the forms and conditions of this Contract, Seller may in writing decl~rre this Contract terminated and retain all things of value held by Setter hereunder as iiguidateci damages. It is agreed that such things of value are liquidated damages and are Setter's sale and only remedy for Purchxse~r"s failure to pc;rforrrr the obligations of this Contract. Sellu~r e:~pressly waives the remedies of specific p~~rforrnance and additional damages. b. If Seller is in default, Pun:haser may elect to treat this Contract. as terminated, in which case all things of value received hereunder shall be immediately rc;turned to Purchaser, or Purchaser may elect to treat this Contract as 'bc;ing in hill farce anti effect and Puc~:haser shat! have the right to an Action for specific purfonnance o.r damages, or bath. Anything to the contrary notwithstanding, in the event of any litigation err arbitration. arising out of this Contract, the court may award to t:he prevailing party all reasonable costs and expenses, including, reasonable attorneys' fees.. C4\~-E3VIiVt~TiU~' GUNT'II~iGEi1iC;Y '15. The Seller acknowledges that if this Cvntraet does not close far any mason by the closing date set forth herein then the Purchaser may f le a condemnation lawsuit to obtain immediate Ix~ssession o.f and. tint: to the Property. The Seller acknowledges and agrees that (a} the Purchaser will need immediate possession of and title to the Property for the llillon Road improvements Project ("Project"), (b} the Purchaser has-the authority. to condemn the .Property, (c) the Property is needed by the Purchaser and is necessary~for and in furtherance of the Project, (d} the Project is fora public use: and a public; trene:fit, {u} there ~~°ill have Keen a failure of good faith negotiations to acquire the :Property, (f;} the Purchaser will be untitled to immediate possession cif the Property upon. payment of the sum of $36,500 into the Registry of the court and Seller hereby stipulates to a motion by the Buyer for an order to deposit this sum into the Registry of the Court, (g) it will not oppose a motion by Buyer for the entry of a Rule and ()rdLYr conveying the Property to the Seller, {h} the suxn of .$36,500 constitutes the total just comlrensation, including t1~e value of the- part taken, damages, benefits, fees and costs to be paid far acquisition of the Property and transfer to the Buyer by Rule and C)rdur, and (i) it has lights pursuant to Article tI, Section 15 of the Colorado Constitution and the provisions of C.R.S., ~~ 38.1.101, et. set}, and has voluntarily agreed to the terms of this Paragraph. l5 and hereby waives any rights that .may be inconsistent with the terms ofthis-Paragraph 15. "The Seller agrees that this Contract may be per; rented to the court w prove the Sellez's agreement that it has stipulated to immediate possession of tlxe Property and stipulated to the entry of a Rule and C}rder conveying the Property to the Purchaser for the sum of "536,500. The Purchaser and Seller agree the terms, conditions and agn'eernents set Earth in this Paragraph ~i+ill survive any default by any party arrrl are enforceable if this. Contract does not close for any reason by the closing date set forth' herein. REPRF.SENTATIO't~15 A.~IiD WARRA3WTlEs