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HomeMy WebLinkAbout1990-17 Acquisition of Real Property from Dixon Keyser and Lucille Keyser1 t ~ ~ . RESOLUTION NO. 17 Series of 1990 A RESOLUTION AUTHORIZING THE ACQUISITION BY THE TOWN OF VAIL, COLORADO (THE "TOWN") OF CERTAIN RERL PROPERTY LOCATED IN THE TOWN FROM DIXON KEYSER AND LUCILLE KEYSER ("SELLER°) FOR A PURCHASE PRICE OF $109,000; SUCH REAL PROPERTY TO BE DEVOTED TO PUBLIC PURPOSES; AUTHORIZING THE ISSUANCE BY THE TOWN OF ITS PROMISSORY NOTE IN THE AMOUNT OF $87,200 PAYABLE IN THREE ANNUAL INSTALLMENTS, AND SECURED BY A DEED OF TRUST UPON THE SUBJECT REAL PROPERTY; AND PRESCRIBING OTHER DETAILS IN CONNECTION WITH SUCH ACQUISITION AND PURCHASE. WHEREAS, Seller is the owner of Lots 1 and 3, Block H, Vail das Schone Filing 2, Vail, Colorado; and WHEREAS, Seller desires to sell the property and the Town desires to purchase and acquire the property for open space and/or public purposes; and WHEREAS, the purchase price of the property will be annually paid and said purchase price will be divisible and subject to annual appropriations by the Town; and WHEREAS, the Town will not incur a general obligation indebtedness in connection with the proposed method of acquisition. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, that: 1. The entering into by the Town of the purchase agreement with Seller with respect to the property is hereby authorized. 2. The total purchase price for the property shall be one hundred nine thousand dollars ($109,000} payable as follows: A. Ten thousand dollars ($10,000) as earnest money on the contract. B. Eleven thousand eight hundred dollars ($11,800) payable at closing. C. Eighty-seven thousand two hundred dollars ($87,200} to be payable to Seller in accordance with a promissory note attached to the purchase agreement as Exhibit A bearing interest at the rate of eight percent {8%) per annum payable in three annual installments of principal and accrued interest, said note being due and payable three (3) years from the date of its execution. 3. The execution by the Town of the deed of trust attached to the purchase agreement as Exhibit C and securing the obligation evidenced by the promissory note, is hereby authorized. 4. In accordance with the terms of the note and the deed of trust, the Town shall not have any liability for the payment of principal or interest or the performance of any other obligations under the note and deed of trust, it being understood and agreed that the Town's obligations thereunder are expressly subject to annual apprapriations by the Town Council and that the sole remedy of Seller in accordance with the note and deed of trust is through an action against the property. 5. In accordance with Article II of the deed of trust, the Town shall be entitled to releases of the lien created by the deed of trust apportioned to the amount of the purchase price then paid for by the Town. 6. In accordance with Article II of the deed of trust, in the event that Seller recovers fee title to the property or any portion thereof as a result of foreclosure of the deed of trust (or otherwise), Seller shall have the right to repurchase from the Town any portion or all of the property previously released from the lien of the deed of trust upon payment to the Town of a sum per square foot equal to one hundred nine thousand dollars {$109,000) divided by the total number of square feet of the property for each square foot to be repurchased. 7. The deed of trust shall be a lien on the property superior to any other liens, encumbrances, or leases. 8. The purchase agreement, the note, and the deed of trust are authorized in substantially the form attached hereto. 9. The obligation authorized and evidenced by the purchase agreement, the note, and the deed of trust shall not constitute an indebtedness of or a pledge of credit by the Town within the meaning of any pertinent constitutional or statutory limitations; and, further, that all payments by the Town in accordance with the purchase agreement, the note, and the deed of trust shall be expressly subject to annual appropriation by the Town Council. 10. The Mayor of the Town, the Tawn Clerk, the Town Manager, and Tawn staff are authorized to take any and all action toward the execution of the purchase agreement, the note, the deed of trust, and all other instruments and documents in connection with the transaction authorized by this Resolution and all previous actions in said regard taken by the Mayor, the Town Clerk, and the Town Manager are hereby ratified by the Town Council. INTRODUCED, READ, APPROVED AND ADOPTED this ATTEST: l/NL[~J ~. ~i1~~YYU.G{.~F i ~ J Pamela A. Brandmeyer, Town Clerk 2- 3rd day of Ju1v 1990. i~- Kent R.` Rose, Mayor ' ~