Loading...
HomeMy WebLinkAbout1986-03 The Intent of the TOV to Issue Industrial Development Revenue Bonds to Finance a Project for Kiandra Hotel Partners Limited Partnership1, RESOLUTION N0. 3 Series 1986 A RESOLUTION SETTING FORTH THE INTENT OF THE TOWN OF VAIL, COLORADO TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR KIANDRA HOTEL PARTNERS LIMITED PARTNERSHIP WHEREAS, the Town of Vail, Colorado (the "Town") is a municipal corporation duly organized and existing as a home rule town under Article XX of the Constitution of the State of Colorado and under the Charter of the Town; and WHEREAS, representatives of Kiandra Hotel Partners Limited Partnership, a South Carolina Limited Partnership (the Partnership"), have met with officials of the Town and have advised the Town of the Partnership's interest in purchasing and renovating an existing hotel (the "Project") within the Tawn, subject to the willingness of the Town to finance a portion of the cost of such acquisition and renovation as an industrial development bond project pursuant to the Colorado County and Municipality Development Revenue Bond Act, constituting Article 3, Title 29, Colorado Revised Statutes, as amended (the "Act"); and WHEREAS, the Town has considered the Partnership's proposal and has concluded that the Project will be economically beneficial to the Town and its inhabitants and that the Town wishes to proceed with the financing of the cost of the Project; and WHEREAS, the Town finds, considers, and declares that the issuance and sale of the bonds in the amount and for the purpose hereinabout set forth will be appropriate and consistent with the objectives of the Act, and that the adoption of this Resolution is and constitutes and is intended as (i) an inducement to the Partnership to proceed with providing for the acquisition and renovatian of the Project and (ii) the taking of affirmative official action by the Town, acting by and through its Town Council, towards the issuance of the bonds within the meaning of Federal income tax law with respect to interest on the bonds to finance certain facilities to be financed by the issuance of exempt small issue bonds or exempt facilities, including Treas. Reg. Section 1.103-5 {a} (5). NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VATL, COLORADO: 1. In order to induce the Partnership to acquire and renovate the Project, the Town shall take all steps necessary or advisable pursuant to the Act to effect the issuance of industrial development bonds in the maximum aggregate amount of 10,000,000 or such lesser amount as shall be mutually agreed upon to finance the cost of the acquisition and renovation of the Project. 2. No costs are to be borne by the Town in connection with this transaction. Prior to the execution of the necessary financing documents as shall be mutually agreed upon in connection with the Project and the bonds, such documents will be 2 subject to the authorization by ordinance of the Town Council pursuant to law. 3. The agreements of the Town set forth above are expressly conditioned upon the ability and willingness of the Town to issue the bonds as tax-exempt obligations under the Federal income tax laws existing on the date of the issuance of the bonds. Nothing contained in this resolution shall be construed as requiring the Town to issue the bonds and the decision to issue the bands shall be in the complete discretion of the Town. Without limiting the generality of the foregoing, the willingness of the Town to issue the bonds is expressly conditioned upon the bonds and the financing of the Project satisfying any criteria established by the Town prior to or subsequent to the adoption of this resolution. PASSED by the Tawn Council on SEAL) t~(/~u~,~t,C~ ~ 19 8 5 . Mayor test: Town Clerk Q 3 CERTIFICATE FOR RESOLiJTION SETTING FORTH THE INTENT OF THE TOWN OF VAIL, COLORADO TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR KIANDRA HOTEL PARTNERS LIMITED PARTNERSHIP THE STATE OF COLORADO ) COUNTY OF EAGLE ) ss. TOWN OF VAIL ) I, the undersigned officer of the Town of Vail, Colorado the "Town"), do hereby execute and deliver this certificate far the benefit of all persons interested in the proceedings of the Town and the validity thereof, and do certify as follows: 1. I am the duly chosen, qualified and acting officer of the Town for the office shown below my signature; as such I am familiar with the facts herein certified and I am duly authorized to execute and deliver this certificate. 2. In accordance with the ordinances and rules of the Town, the Town Council of the Town of Vail {the "Council") held a meeting at 76 South Frontage Raad, Vail, Colorado, on Tuesday, January 7, 1986 (the "Meeting"), and the roll was called of the duly constituted members of the Council, to wit: Paul Johnston Kent Rose Dan Corcoran Eric Affeldt Gordon Pierce Hermann Staufer Gail Wahrlich-Lowenthal Mayor Mayor Pra-Tem Councilmember Councilmember Councilmember Councilmember Councilmember All of such persons ~re~p~ es~n ., except the following absentees: r.~'w~rU~N C~.C~ thus constituting a quorum. Also present were: Pam Brandmeyer Town Clerk Larry Eskwith Town Attorney Where a written: RESOLUTION SETTING FORTH THE INTENT OF THE TOWN OF VAIL, COLORADO TO ISSUE INDUSTRIAL DEVELOPMENT REVENUE BONDS TO FINANCE A PROJECT FOR KIANDRA HOTEL PARTNERS LIMITED PARTNERSHIP the "Resolution") was duly moved and seconded and, after due discussion, said motion, carrying with it the adoption of the Resolution, prevailed and carried by the following votes: AYES: ~ NOES: D ABSTAIN: O 3. A true, full, and correct copy of the Resolution adopted at the Meeting is attached to and follows this Certificate. SIGNED AND SEALED THIS ~Q ~ day ~f--J3nu~ry, 1986. 5 EAL ) Attest: To~~n Clerk BY : ~ ~ . ~~~~ ~~~ r,_.~ Mayor 2 QQ~~p~g Q~m 3 .~ ~ ~ ~ ~' ~, ~ ~ ~' ~~~~~ ~~ n~ ..rte N~Qpo cn ..r ~- .+ ~K ~ CyD~ ~.Z'3 O V ~ ~ ~, ~I ~ .~ ~ ~ L4 ~ ~ ~ ~ ~ ~ m ~ ~ ~gz~o~~~' p ~ ~ ~ ~~~~Qm$~~ 4~m 3 O~d~p Q ~~ m (, ( 1FpJ• ~ (~ Z