Loading...
HomeMy WebLinkAbout1984- 4 Authorizing an Emergency Appropriation in the Amount of $450,000 in Connection with the Purchase and Acquisition of Certain Real Property Located in the Town form the Pulis Ranch;i. ~. ~ ,,~ ~~ i+ ORDINANCE NO. 4 ~SERIT<,S OF 1984) AN ORDINANCE AUTHORIZING AN EMERGENCY APPROT?RIATION IN THE AMOUNT OF $450,000.00 IN CONNECTION WITH THE PUR- CHASE A.ND ACQUISITION BY THE TOWN OF VA.IL, COLORADO (THE "TOWN") OF CERTAIN REAL PROPERTY LOCATED IN THE TOWN FROM THE PULIS RANCH, A COLORADO LIMITED PART- ~ , NERSHIP (THE "SELLER") FOR A PURCHASE~PRTCE OF $2,650,000.00> SUCH REAL PROPERTY TO BE DEVOTED TO PUBLIC PURPOSES; AND PRESCRIBING OTHER DETAILS IN CON- NECTION THERE~~TTH. WHEREAS, t'he Tawn Council of the Tawn did on April 19, 1983 authorize by Resolution (the '"Resolution"} the acquisition by the Town of certain real property (the "Property"} located in the Town Pram Seller for a purchase price of $2,650,000.00; and WHEREAS, by such resolution, the Town Council did authorize the entering into by the Town of that certain Purchase_Agr'e~ment (the "Purchase Agreement"}, and, pursuant to such Purchase Agree- ment, the execution of that certaa.n Promissory Nate (the "Nate") and Deed of Trust (the "Deed of Trust"); and -, WHEREAS, pursuant to the Purchase Agreement, the total purchase price far the Property is $2,650,000.00, payable as4`. follows: '' . A. $450,000.00 payable at closing under the Purchase Agreement, subject to the adjustments set forth in paragraph 8 thereof, and subject to formal appropriation by the Town Council of said sum for such purpose; B. $2,200,000.00 to be payable to Seller pursuant to the Note, attached to the Purchase Agreement as Exhibit B,.bear- ing interest at a rate of thirteen percent (13~} per annum, pay- able in fifteen (15) equal annual installments of principal and accrued interest, said Nate being due and payable, at Seller's option, ten (10) years from the date of its execution, and being secured by the Deed of Trust attached to the Purchase Agreement as Exhibit C; and WHEREAS, by Ordinance dated April 19, 1983, the Town Council did authorize said appropriation of $450+000.00 for closing under the Purchase Agreement, together with such other sums necessary to effect such closing; and 4~T~iEREAS, said appropriation lapsed as of the expiration of the Town's 1983 fiscal year; and WHEREAS, the Town has an equitable interest in said Property and Seller has given native of its intent to close under the Pur- chase Agreement. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO: 5ectian 1. That the Resolution, the Purchase Agreement, the Note, the Deed of Trust, and said Ordinance of the Town Council dated April 19, 19$3 be, and are hereby incorporated herein by this reference thereto. Section 2. That the Town Council finds and determines that, because Seller has given notice of its intent to close under the Purchase Agreement, a public emergency exists affecting real property in which the Town has an equitable interest and that an emergency appropriation is necessary to meet such emergency. . ~~ h ~~ { ~~ i Section 3. That an emergency appropriation in the amount of $450,QOQ.00, together with such other sums as are necessary for closing under the Purchase Agreement, be, and is hereby autho- rized from such funds of the Town as are legally available far such payment. section 4. That notwithstanding that said closing under the Purchase Agreement shall occur an or after January 18, 1984, such closing shall be deemed to be effective as of January 11, 1984. Section 5. That this emergency ordinance shall be effective upon its final passage. ADOPTED AND APPRpVED this 17th day of January, l9$4. (5 ~ A L) Attest: ~. ~'/ ~~ Town Clerk TOWN OF VAIL, Eagle County, Colorado •~ M~a r 4 ~ _. ., ~ r r ROf,~ ~~ l~~i 75 south frontage road • vail, Colorado 81657 • (303) G7fi-70QQ office of the mayor CERTIFICATION STATE OF COLORADO } } S5. COUNTY OF EAGLE } THE FOREGOING IS A FULL, TRUE, RND CORRECT COPY AS THE SA3~IE 'APPEARS UPON THE ORIGINALtt RECORDS IN MY OFFICE. .DAT t,- ~ r•~1,~7cQ~ TIME: ~~1~ ,q,y~. PAMELA A. BRANDMEYER, TOWN ~iLERIC, TOWN OF UAiL STATE OF COLORADO } ss. COUNTY OF EAGLE ) SUBSCRIBED AND SWORV TO BEFORE ME APPEARED PAMELA A. BRANDMEYlrR, TOWiV CLERK OF THE TOWN OF UAIL, THIS 10TH DAY OF JANUARY, 19$4. MY COMMISSION EXPIRES: ~~'~~~~ ~ ~`}~> It3 C~~/~C~ (it • ~~l~t.=cam: ti 1 NOTARY PUBLIC ~ , RDDRESS ~~, ADDRESS ~ G _~~ • ~~ ~ C E R T I F I E D R E C O R D of proceedings of THE TOGaN COUNCIL OF THE TDWN OF VAIL EAGLE COUNTY, COLORADO relating to AN EMERGENCY APPROPRIATION IN THE AMOUNT Off' $A50,000.00 IN CONNECTION WITH THE PURCHASE OF CERTAIN REAL PROPERTY FOR PUBLIC PURPOSES FROM THE PULIS RANCH, A CDLORA.DO LIMITED PARTNERSHIP ~ ~ NOTICE OF MEETING TO: THE TOWN CQiJNCIL OF THE `S'OWN OF VAIL STATE OF COLORADO NOTICE IS HEREBY GIVEN that a regular meeting of the Town Council of Vail, Colorado, will be held at Council Chambers, the Municipal Building, in Vail, Colorada, on Tuesday, the 17th day of January, 1984, at the hour of 7:30 o'clock p.m., at which meeting the Council wi11 consider and act upon an emergency ap- propriation in the amount of $450,000.00 in connection with the purchase and acquisition of real. property owned by the Pulis Ranch, a Colorado limited partnership, and take up any other business to come before it,.._-.-- - GIVEN under my hand and the seal of said Town as of the ~ day of January, 1984. ,~ Town Clerk Q ACKNOVdLEDGMENT OF NOTICE AND CONSENT TO MEETING {de, the undersigned members of the Town Council of the Town of Vail, Colorado, do hereby acknowledge receipt of the forego- ing Notice of Meeting in such Notice and in the tame and manner of service thereof upon us, and consent and agree to the ho~.dang of such meeting at the time and place specified in said Notice, and to the transaction of any and all business which may come be- fore. such meeting. ,~d,~P, f 1 • ~ • STATE OF COLORADO } COUNTY OF EAGLE ) ss: } TOWN OF VAIL } The Tawn Council of the Town of Vail, Eagle County, Colorado, met in regular session at the Council Chambers, in Vail, Colorado, being the regular meeting place of the Board, at the hour of 7:30 o'clock p.m., on Tuesday, the 17th day of January, 1984. Present: Mayor: Mayor Pro Tem: Counci~.mertFbers: Rodney Slifer Paul Johnston Gail Wahrlie h. Col 1 een Kline Kent~Rose Hermann Staufer Charles €Z. Anderson Also present: Tawn Clerk: Pain Brandmeyer Town Attorney: Larry Eskwith Town Manage: Richard Caplan Absent- ~~ ~.~~~ Thereupon, ~~'a introduced and there was (read in full the follo~ing,~rdinance: 2 • ~ • It was thereupon moved o nci~.member ~-t''~~j,~,s~~ a.nd seconded by Councilmembex ~~ l,jQJ that the foregrging Or- dinance No. ~ read aloud in full at this meeting as afore- said, be now placed on its final passage, and that all rules of the Council which might prevent, unless suspended, the final passage and adoption of said Ordinanrce at this meeting be, and the same are hereby suspended. The question being upon the adoption of said motion and the suspension of the rules, the roll was called with the fallowing result: Those voting AYE: Those voting NAY: Those absent: Rodney S7 i fer Paul Johnston Gail Wahrlid'i_ Colleen Kline Kent Rose Hermann Staufer Charles R. Anderson ~~ ~p members of the Town Council having voted in favor of sand motion, the presiding officer thereupon declared the motion carried. Thereupon, after consideration of other business, the meeting was adjourned. (S E ,A L) .~ Attest: N . ~~! f.~.~,.J 'Fawn G1erk r~. . s /l -, (_ - .~ ~~ayor ~ 5 . t t STATE OF COLORADO C0~3L~7TX OF EAGLE TOWN O•F VAZL ~ • ss. } I, Pam Brandmeyer, Town Clerk, of Vail, Colorado, do hereby certify that the foregoing pages numbered 1 through 5 contain a true and correct copy of the proceedings taken by"the Town Coun- cil of the Town at a regular meeting thereof held on Tuesday, the 17th day of ~Tanuax~y, 198A•, so far as said praceedir}gs relate to the final passage and adoption of Ordinance No. ,(~, and that said original Ordinance No. ~ has been duly authenticated by the signatures of the Mayor, as presiding officer of the Council, and myself, as Town G1erk of the Town. IN WITNESS WHEREOF, I have hereunto set my ~}•~and and affixed e official seal of said Town of~Vai1, this ~c4, day of ... .. (5 E A L) ~~ ~m~ ~. ~^~aa~~ - _ Town Clerk Q 6 • . ~ ,.:~ n $: ~_u ~~ ~f aa; ~3t~ ~3 ~4;: ~7ta~~ ~° ~ ~~ 3p~ ~~ ~~~e `a2 d a r g 8~ 4 ~EE g~o ~ !~ ~~ ~~ ~~~' ~ ~~ ;~b ~ ~ .~~~a~~. x~~~'€ g~a ~ ~ ~~ ~=pea ~x" ..~ ~ ~ ~($3 ~ ~ ~ r ~vv11 .Z e~~gE~~7 'g g °~aF ~s gp ~:. zg~~f o.m~ ~;~m o Fy~yQ~~fq~~{' ty¢„ fi7 dd~?}{~ 8 s$d~`$»8~C 3d ~ ~is -~yZ ~g.~ ~ a p~ y ul ^iRy uu~~1§_q}~~ $ W ~ a q ~f•~..,y• ~iS'3' ~~~~~Ini~>~~~OE~6 ~4~~~~~lP.i 7~~4'1~~isSY~b7~.4E~m~,~~~~8 1 `'~ (gp~~~1 g _xSa. 'g FEgc~ L '«~. O ? yF& ~~A_ WA~O~,~~~~~E'~dB ;. ~~ t~~.,t~l~! _~~~'-fig, j~~ ~ ~` ~ ~ ~h ~°gs~ b8 F ~ ,. ~~ o ~aGg;g g~E Wg ~ ' ~+ d ~.~c ~Cp»~m ~L a R crBO ° ~ y O ~ a ~ O O p - ~ - a ~ p ` ~ ~ ~ ~ ~ b - p w_ 3 ~.C p C ~~y Q~U CS~ CC ~'~' U R'c N d ~ ~ O ~' ~' S` _ } ~' z~~~cp°~~' ~ `- t ~ ~ d N ~ ~ ~ ~ VJ a pq~a~~~ r w ~ ' ~ O r l~ C `rF _a ~ ~ o c~~3 n ~ ~~' m~~~.~c n o ~ ~ ~~ ~ ~ o a a ~~~no`^~E 3 y $ ~ a £ J ~,.~ ~ ~Ub~. LO ao ~`Q3 ~.C ,,,C Na~O a ~ ~ o .a V ~ ~ ~ .p c p A ~' J~p~L LSJa ~. ~o'~$~a c ~~i' 3 ~' ~ 'Q n ~ t L > E o q 1 i u„ . N~ c ?a ~ ~ "~ c o - W jbL.~atl ~.rU b ~. z~~~~- ~ O ~' L '~ ~ p P 3 - O ~ c Gi .00 E ~: ~~g ~°~oFaep ~ `noa o ~~~ ~, d d ~ 0 d 3 , ~ c,= v ~c~~°b ~ t~~~.,n ~ ~ ~ b o L ~ 9 r .(, _ ~ ~u~~~`ua-_ ~~~a~~~~u° ~ E ~ a ~ ~ c a m b o ~•y o 3v~?~°c~o s o b s Q (~ ~ a ~ ~ a DL n ~ o U p ~o~ a,E~q~ ~ ~'° ~ 5 ~ o ~ ~ ,~ e~ ~ acvc~u0'c- pp X06 ~' ~' r_ G b u A 'N m ~ '~~~~ o U In ~ '~Q IU~CViOQO 0 ~ ~ h a C V'i (n