HomeMy WebLinkAboutresolution.council.102-23RESOLUTION #102
(Series of 2023)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
APPROVING RESIDENTIAL CONTRACTS TO PURCHASE AND SELL CITY OWNED
REAL PROPERTY TO CITY EMPLOYEES SUBJECT TO CERTAIN OCCUPANCY AND
RESALE DEED RESTRICTIONS FOR SAID PROPERTIES, AND AUTHORIZING THE CITY
MANAGER OR WRITTEN DESIGNEE TO EXECUTE SAID AGREEMENTS AND
DOCUMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, the City of Aspen owns certain real properties within and without its corporate
limits; and
WHEREAS, Section 1.4 of the Home Rule Charter for the City of Aspen, Colorado
authorizes the City of Aspen to sell, lease, mortgage, hold, manage, and control such property as
its interests may require; and
WHEREAS, the City of Aspen, in furtherance of its policy of assisting its employees in
securing affordable housing, has indicated its willingness to have real properties purchased by
existing City employees subject to certain conditions and restrictions; and
WHEREAS, the buyers of said properties are employees of the City of Aspen and have
indicated a desire to purchase said properties from the City; and
WHEREAS, the property will continue to be part of the City of Aspen internal housing
program to assist in critical recruitment and retention of an exceptional workforce; and
WHEREAS, the sale and purchase of said units shall be subject to certain occupancy and
resale deed restrictions, and
WHEREAS, the City Council finds and determines that it is in the best interest of the City
of Aspen to approve this Resolution and sell certain real property as set forth in the Real Estate
Contract(s) and City of Aspen Occupancy and Resale Deed Restriction, Agreement and
Covenant(s) from time to time; and
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
ASPEN, COLORADO:
1. Recitals: The foregoing recitals are incorporated herein as findings of the Aspen City
Council.
2. Real Estate Contract(s) and Resale Deed Restriction, Agreement and Covenants : The
Aspen City Council hereby approves the certain Real Estate Contract(s) and City of Aspen
Occupancy and Resale Deed Restriction, Agreement and Covenant(s) that may be presented from
this day forward and authorizes the City Manager or her written designee to execute said
agreements and take all actions pursuant to same to effectuate the sale of the real property,
including any documents required by a title company, and to take other required actions related to
the sale of the real property, following consultation with the City Attorney. The Aspen City
Council further authorizes the City Manager or her written designee, upon consultation with and
recommendation of the City Attorney, to make any amendments to the Real Estate Contract(s)
and/or the Resale Deed Restriction, Agreement and Covenant(s) that are reasonably necessary for
the purchase and/or sale of the Property or to terminate the contract(s), without further approval of
the Aspen City Council.
3. Ratification ofActions. All actions heretofore taken, not inconsistent with the provisions
of this Resolution, by the Aspen City Council and the officers, agents, and employees of the City
of Aspen relating to the subject matter of this Resolution, are hereby ratified, approved and
confirmed.
4. Severability. If any provision of the Resolution is found to be unconstitutional or
unlawful, such finding shall only invalidate that part or portion found to violate the law. All other
provisions shall be deemed severable and shall continue in full force and effect.
INTRODUCED READ AND ADOPTED by the City Council of the City of Aspen on
the day of 2023.
CITY OF ASPEN, COLORADO
Torre, Mayor
ATTEST:
I, Nicole Henning, duly appointed and acting City Clerk do certify that the foregoing is a
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held on the day herein above stated.
Nicole Henning, City Clerk
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