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Home My WebLink Aboutresolution.council.056-07 RESOLUTION NO. ~ Series of 2007 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, AUTHORIZING THE PURCHASE OF 802 WEST MAIN STREET, ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a Contract to Buy and Sell Real Estate for between the City of Aspen and 802 West Main Landowner LLC for the sale of property with a legal description of Block 12; Lots Q, R & S, City of Aspen; and WHEREAS, after due deliberation and consideration the City Council has determined that it is in the best interest of the City of Aspen to approve said Contract. NOW, WHEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, that the City Manager is hereby authorized to execute on behalf of the City of Aspen the proposed Contract to Buy and Sell Real Estate _ between the City of Aspen and 802 West Main Landowner LLC for the sale of property with a legal description of Block 12; Lots Q, R & S, City of Aspen, and all other documents required to consummate the proposed transaction. Dated: ~ dC:> ,2007. NU~/~.h~r Michael C. Ireland, Mayor I, Kathryn S. Koch, 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 n ,;} 3 ,2007. G:\john\word\resos\mainstreetprop.doc Morris & Fyrwald Real Estate 415 East Hyman Avenue Aspen, CO 81611 Phone: 970-925-6060, Fax: 970-920-9993 I The printed portions of this fonn, except differentiated additions. have been approved by the Colorado Real Estate Commission. 2 (CP40-10-G6)(Mandatory 1-07) 3 4 THIS FORM HAS IMPORTANT LEGAL CONSEQUENCES AND THE PARTIES SHOULD CONSULT LEGAL AND TAX 5 OR OTHER COUNSEL BEFORE SIGNING. 6 7 8 COUNTERPROPOSAL 9 10 Date: June 28, 2007 II 12 1. This Counterproposal shall supersede and replace any previous counterproposal. This Counterproposal amends the proposed 13 contract dated June 22. 2007 (Contract) between 802 West Main Landowner LLC 14 15 (Seller), and City of Aspen Aspen School District RE-l 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3] 32 33 34 (Buyer), relating to the sale and purchase of the following legally described real estate in the County of Pi tkin B10ck 12; Lots a.R & S: Citv of Aspen. Colorado: Aspen City Colorado State , (Property). 81611 known as No. 802 West Main St. Street Address Zip (NOTE: If any item is left blank or the term "No Change" is inserted, it means no change. Tbe abbreviation "N/A" or the word "Deleted" means not applicable and when inserted on any line in Dates and Deadlines (~ 2c) means that the corresponding provision of the Contract to which reference is made is deleted.) 2. ~ 2c. DATES AND DEADLINES. [Omitted - Not Applicable.1 INOTE: This table may be deleted if inapplicable.) 3. ~ 4 PURCHASE PRICE AND TERMS. [Note: This table may be deleted if inapplicable.) The Purchase Price set faIth below shall be payable in U. S. Dollars by Buyer as follows: Item Purchase Price Earnest Mone New First Loan New Second Loan Assum tion Balance Seller or Private Financin Cash at Closin TOTAL Jll~;~\Ur.41l~ji~~mJilifm&E~jltlr~l, 3,190,000.00 3,690,000.00 Item No. I 2 3 4 5 6 7 8 9 10 $ 3,690,000.00 $ 35 36 The terms of any loan, such as interest rate, monthly payment, etc., shall remain the same as set forth in the proposed contract 37 unless modified in this CounterproposaL 38 PREPARED BY: Eric R. Cohen, Broke, COUNTERPROPOSAL. Colorado Real Estate Commission CP40.10.06 ReaIFA$Tt:! Software, @2007, VelSlon 6.16. Software Registered 10: Craig Morris. Morris & Fyrwald Real Estale 06/2810712:21:16 Page 1 of2 39 4. A TT ACHMENTS. The following are apart ofthis Counterproposal: 40 41 42 Note: The following disclosure forms are attached but are not a part ofthis Counterproposal: 43 44 45 5. OTHER CHANGES. 46 47 48 6. ACCEPTANCE DEADLINE. This Counterproposal shall expire unless accepled in writing by Seller and Buyer as 49 evidenced by their signatures below and the offering patty to this document receives notice of such acceptance on or before 50 Julv 2. 2007 6:00 pm mtn 51 Dale Time 52 53 54 If accepled, the proposed contract, as amen by this Counterproposal, shall become a contract between Seller and Buyer. All 55 other terms and conditions of the prop' a cont ct, described in ~ I, shall remain the same. 802 West Main Landowner LLC SELLER By: Dan Coleman DATE ~-2B- tJ7 )t;L Cit.y of Aspen. BUYER . I' ~ By: steve Barwick ~ III~/ DATE C::_:;1--<(-C:? Aspen School District RE-l "tJYER By: Laura Kornasiewicz and/or assigns DATE 56 57 Note: When this Counterproposal fonn is used, the proposed contract is not to be signed by lhe party initiating this Counterproposal. PREPARED BY: Eric R. Cohen, Broker COUNTERPROPOSAL. Colorado Real Eslale Commission CP40-10-06 ReaIFAST@ Software. 02007, Version 6.16. Software Registered 10: Craig Morris, Morris & Fyrwald Real Estale 06/2810712:21:16 Page2of2 CITY OF ASPEN EXE!-tPT FIWM WRET'I' DATE REP. NO. "i5]I"5\D1 CWK (fft/6 CITY OF ASPEN EXEMPT FROM HRF-' DATE REP , Bfl~(DI ~ 6650 Name: Address: City of Aspen, Colorado c/o Stephen H. Barwick 130 South Galena St. Aspen, CO 81611 RECEPTION#: 541023, 08/15/2007 at 03:27:58 PM, 1 OF 3. R $16.00 OF $369.00 Doc Code %~ice K. Vos Caudill, Pitkin County, CO WHEN RECORDED RETURN TO: DF ~1o'1.CO WARRANTY DEED ..s.. THIS DEED, made this 15th day of August, 2007, between 802 West Main Landowner LLC, a ':::t- Colorado limited liability company of the said County of Garfield and State of Colorado, grantor, N and City of Aspen, Colorado whose legal address is c/o Stephen H. Barwick, 130 South Galena :;f: St., Aspen, CO 81611 of the said County of Pitkin and State of Colorado, grantee: WITNESSETH, that the grantor, for and in consideration of the sum of Ten dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, has granted, bargained, sold and conveyed, and by these presents does grant, bargain, sell, convey and confirm, unto the grantee, his heirs and assigns forever, all the real property, together with improvements, if any, situate, lying and being in the said County of Pitkin and State of Colorado described as follows: Lots Q, R, and S, Block 12, CITY AND TOWNSITE OF ASPEN COUNTY OF PITKIN, STATE OF COLORADO also known by street and number as: 802 West Main St., Aspen, CO 81611 TOGETHER with all and singular the hereditaments and appurtenances thereto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the grantor, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances. TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the grantee, his heirs and assigns forever. And the grantor, for himself, his heirs, and personal representatives, does covenant, grant, bargain, and agree to and with the File Number: 46246 Stewart Title of Co 10m do Inc. ~ Aspen Division Warranty Deed ~ Photographic Record (Extended) Page I of2 grantee, his heirs and assigns, that at the time of the ensealing and delivery of these presents, he is well seized of the premises above conveyed, has good, sure, perfect, absolute and indefeasible estate of inheritance, in law, in fee simple, and has good right, full power and lawful authority to grant, bargain, sell and convey the same in manner and form as aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever, except See Attached Exceptions The grantor shall and will WARRANT AND FOREVER DEFEND the above-bargained premises in the quiet and peaceable possession of the grantee, his heirs and assigns, against all and every person or persons lawfully claiming the whole or any part thereof. The singular number shall include the plural, the plural the singular, and the use of any gender shall be applicable to all genders. IN WITNESS WHEREOF, the grantor has executed this deed on the date set forth above. , a Colorado limited liability company STATE OF Colorado COUNTY OF Pitkin The foregoing instrument was acknowledged before me this 15th day of August, 2007, by Daniel Coleman, Manager, 802 West Main Landowner, LLC, a Colorado limited liability company My commission expires JJ'~'b.:l.Oll. Witness my hand and official seal. (1~ ;ylAJ...J..L Notarypublia 0 My Commission Expires 0:112812011 File Number: 46246 Stewart Title of Colorado Inc. - Aspen Division Warranty Deed - Photographic Record (Extended) Page2of2 EXHIBIT 1 EXCEPTIONS I. Water rights, claims or title to water. 2. Taxes for the year 2007 and subsequent years not yet due and payable. 3. Reservations as contained in United States Patent recorded March I, 1897 in Book 139 at Page 216, providing as follows: Provided that no title shall be hereby acquired to any mine of gold, silver, cinnabar or copper or to any valid mining claim or possession held under existing laws. File Number: 46246 Stewart Title of Colorado Inc. - Aspen Division Warranty Deed - Exhibit I (Exceptions) Page I ofl