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HomeMy WebLinkAboutresolution.council.133-00 RESOLUTION # (Series of 2000) RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, COLORADO, AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REGARDING FUNDING FOR THE FLANIGAN ACQUISITION WHEREAS, there has been submitted to the City Council an "Intergovernmental Agreement - Flanigan Acquisition Funding" between the City of Aspen, Colorado, and the Board of County Commissioners of Pitkin County, Colorado, a copy of which intergovernmental agreement is attached hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1. That the City Council of the City of Aspen hereby approves the "Intergovernmental Agreement - Flarfigan Acquisition Funding" between the City of Aspen, Colorado, and the Board of County Commissioners of Pitkin County, Colorado, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the City Manager of the City of Aspen to execute said contract on behalf of the City of Aspen. Dated:/[--/'-24c,~ ~~mb'er 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 October 10, 2000. INTERGOVERNMENTAL AGREEMENT FLANIGAN ACQUISITION FUNDING THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this day of , 1999 by and between the Board of County Commissioners of Pitkin County, Colorado, Whose address is 530 East Main Street, Aspen, Colorado ("the County") and the City of Aspen ("City"), whose address is 130 South Galena Street, Aspen, Colorado. The County and City are sometimes collectively referred to as the "Governments." RECITALS 1. This Agreement is entered into pursuant to, inter alia, C.R.S. §29-1-201, et seql and Article XIV, Section 18 of the Colorado Constitution. 2. The Governments are duly constituted governmental entities, governed by Boards or Councils elected by qualified electors of the County and City mentioned above, both of which are located in Colorado. 3. The purpose of this Agreement is to set forth the respective responsibilities and obligations of the Governments relating to the funding of the acquisition of the Flanigan property on Smuggler Mountain. 4. Mickie Flanigan desires to sell approximately 37 acres she owns on Smuggler Mountain, on terms and conditions substantially as set forth in the Contract attached as Exhibit A to this Agreement, such property being more fully described in the Contract(the Property). 5. The County Open Space and Trails Board of Trustees, by Resolution 00- 05, recommended to the Board of County Commissioners that it spend $630,000 from its Open Space and Trails fund for the acquisition of the Property. The City, by has agreed to spend a like amount for the acquisition, conditioned upon voter approval of its November 7, 2000 ballot issue establishing a City Open Space program. 6. This open space acquisition will be governed by Article XIII of the Pitkin County Home Rule Charter and of the City of Aspen Home Rule Charter. 7. The City has taken all necessary action to authorize the transfer of its agreed funding for use at the closing of the Property on December 10, 2000, subject to approval of the ballot issue. 8. The Governments are authorized to enter into this Agreement, and have determined it is in the best interests of the citizens of Pitkin County and the City of Aspen to enter into this Agreement. AGREEMENT NOW, ~DtEREFORE, for and in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. If the City Open Space ballot issue passes, the City shall pay one-half thc stated purchase price in the Contract at closing, and shall also pay one-half the Buyer' closing costs at closing. 2. If the City ballot issue passes, the County will direct the Seller to deed ti Property to the City and the County as tenants in common, upon receipt of the Cit~ 's share of the purchase price and costs at closing. 3. The Governments agree to develop a management plan for the Prop~ ~ty after closing, such plan to address the preservation of the natural features of the Prope ~, the protection of wildlife habitat on the Property, and development of any trails or ol her recreational features, if any. The Management Plan shall be developed and in plac~ no later than 4. The City shall reimburse the County for one-half of any acquisition ~ osts incurred by the County before closing, within thirty days from receipt of an invoice !rom the County itemizing such costs. 5. Modification. This Agreement and the Contract may be chang '~d or modified only in writing by an Agreement approved by the respective Boards' Df the Governments and signed by authorized officers of each party. 6. Severability. Should any one or more sections or provisions, this Agreement be judicially adjudged invalid or unenforceable, such judgment sell not affect, impair or invalidate the remaini,ng provisions of this Agreement, the i~tention being that the various sections and provisions hereof are severable. ~ 7. Notices. Any notice required or permitted under tl~is Agreement rshall be in writing and shall be hand delivered or sent by registered or certified regu ar mail, postage pre-paid to the addresses of the parties as follows. Either party by nc .ice sent under this paragraph may change the address to which future notices should be sc ~t. Notice to the City of Aspen: City of Aspen c/o 130 South Galena Street Aspen, Colorado 81611 2 Notice to Pitkin County: Pitk'm County Board of County Commissioners c/o Pitkin County Open Space and Trails Director 530 East Main Street, Third Floor Aspen, CO 81611 BOARD OF COUNTY COMMISSIONERS, ATTEST: PITK1N COUNTY, COLORADO By: Shellie Roy, Chair Jeanette Jones, Deputy Clerk CITY OF ASPEN ATTEST: By:~/.~ ~- ~ City Clerk{./ 3 OCT. '( 2000- ' 3EPM. :~ITKIN COU~Tv ADMIN I'/-I][S FOR~I HAS Ib~IPORTANT L'~'GAL CONSEQUENCES Ai~/D THE PA.RTIES SHOULD CONSULT L~GAL ,~ND 'l ~ OR OTHE~ CO~SEL BE~ SIGN~G. CONTRACT TO BUY AND SELL REAL ESTATE (VACANT LAND - FARM - RANCH ) 2 ~ 5b Loan Co~l~ent 13 ~ gb Off-~cord ~ttczs Deadline NOVEMBER ~, 2~0 ~ abbr~vtation "~/A" means not appllcable, 31 3,' ~CLU$~N~ ~ ~U~ONS. 32 m Th~ Put.age Pric~ iaclud~s the follo~g Rems (~nclusioRs): 33 (1) ~xturas. if attached to the Proper~ on the da~e of this con.act, lighting, ~ plumbing, ve~tilatlag, a~d air o~ditio~iRg ~xtar~s. ingide telep~on~ ~ri~g gad ~0~ctiRg blo~jgcks, plaats, mirrors. 36 37 OCT '0, 2000 3,9, PM =ITKIN COUNTY ADN!![~ XlO. 9669 o 3 62 .. PUR~EPIASE PRICE AND 'I'ICI;~MS. The Purchase Pric~ set tbr~h bclow shall b~ payable m U. S Dotlars b) (~ ~Uyer aa follows: 71 G~~ ~ Other ~ 'This loan wil~~a (lst, 2nd, ~c.~ deed oftrusl ~ ~ T~ ~n~~xc?s ors shall b~ am~~period of ~ L~an ~i~coun~ p~ail ~c paid to le~dcr a~ Clo~ing and shall not ~ % O~lhe total loan ~ bai~shall be ~id by , ~ ~nci~a~ in~ly a~ ~ p~ annum, and al~o inelud~g ~scrow for thug as ~aa~cd: ~Real principal and inmrcst, plus escrow, if any. I~tM~ema[~bala~cc of the existing loan a~ Closing is less than ~sumption Balan~, whi~ *am~ lhe amo~ ofc~ed ~ ~osin~ ~o ~ mcr~sed bym~6 ~ $ ~ [o~o~ .liability shall be evidenced by dolly*fy at Closing of-ippropriat~ letter of 95 ~. ~ ~ab~ fo~ r~ of liabili~ ~h~ll bo pai~ ky ~ ~..~t not to c~ $ ~ .~ ~CCC - No ~) ~D 82-~-9S ~ ~efa~t ~te) ~D 81-11-8~ 101 Proper~y, using the form as in~d: G Strict Due-On-S~ 72-7~CredltworIhy (TD 73-7-96) 102 ~ Assumable - Not Due On Sale (TD~6) ~ OSh~r ~ 1~ $ranl~ng lhe holder of the pr~oryno~e a ~nd, ~on ~e parso~l prepay inclu~d in ~ts sal~. Tha 10f prom~isory, notc ~hallb~ amortize~ on ghc basis of ~ ~ars ~ months, ps.bio at $ per ~ 10t and accrued int~r~t shall be due a~d p~ ~ ~ a~er Closing, Parents ~ Shall 117 costs, lhall be in ~nds which comply with all applicable Colorado laws, which include essa, clcc~onic transfer 118 certified check, ~avings ~d loan teBO't check and cashier s check (Good Funds). 119 124 ext~tmg l~not to bc'rcl~ascd at Cl~ing, Buy~r, ~f r~quircd by such l~nd*r, shall make ~itmn ~l~y Loan 125. ~pplicatlon Dc~(~ 2c). Buyer shall cooperat~ with Seller and lender to obtMn loan lpproval~ntly and timely 127 ~y p~ t~ ~ts o~ia8 such loan or lender consent. Buy~ agrc=s to s~~~~menm of 130 h Loan Commitment. I~ Bqycr~iy all or ~~ipg ~ pew Ioaq .as 132 lender, (1) lender veri~cation ofemplo~ene (2) lend~Buyer's e~dit-worthiness. (3) lender verification tha 134 condition shall be d~¢med waiwd un.l~j~ceiv~s ~om Buyer, no l~an Loan Commitment D~adlin* ({ 137 c. ~red~r~tl~/ If~ ii }o pay all or part of[he Purchase Price by ex~ a p[omitaory note in 140' (t~r shall supply m Se~ler by Buyer's Credi~ Information Deadline (~ 2c), at Buyer's e~en~n~orma~d 0~,. 10. 2000 l:39PM PITKIN COUNTY ADMIN NO. 9669 P. 4 147 ~ Exlstiu~ ~O~ Review. If~ cxisdng 10an is not Co be rel~s~ at Closing, Sailer fhall provide cop 159 ~-a~uatton ~et~rmmcd by an appraiser en~a~ed by . 161 valuation ts less than the Purch~ ~e~ or before ibc Appraisal Deadline (~ 2c). If Seller does no~ 16~ ~ ~vldence of Title. Survey. ~ ~ bc~re Title Deadltnc (l 2C), Seller shall ~use co be ~rnishcd ~o 1~1 (1) p~ics in p0sscssi~, 1~2 (2) ~rccord~d easem~s, 173 (3) 174 (4) ~y unr~ord~ mechanics' liens, 17~ (~) ~ap p~i~ (~cc~i~e date of commi~l ~o ~atc dc~ is r~cordcd), and 1~3 ~uyer, (1) a c~y. ofan~ pl~. ~clara~ous, cov~an~s, conditions ~d r~stricti~s bUr~in~ ~e ~, and (2) if a title 159 before lhe Document ~quest De~lne (~ 2c). ~{s r~rem~t sh~!l p~ta~ only to docents as ~o~ oi rec~d 19D on b~half of~u~r and~iven ~o Scllcr on ~ be~e ~tl~ Objecgon Dendline (~ 2c), or ~t~n ~vc (~] ~len~ ~ a~er 1~ rc~p~ by ~[ 0f~y Tiflc Docu~(S) ~ end~!~l(s) ~dd~ new ~x~on{s) to ~e title ~mm~ ~m 19~ ~ c~ of ~c Tllle ~ume~t adenZ new Bxccptlon(s) to ~tle. ~ff Scll~ do~ not re.ye ~u~'s n~ice by the da~e(s) 196 spccin~d above, Bu~ ac~ts ~e condi~ of dtle as disclosed by ~he Title D0c~ as satla~c~y. 197 ~ ~ttars not Show~y ~he Public ~eds. ~ell~ shall deliver ~ Bu~. ~ ~ before Off-~cord 198 ~stters Deadllae (~ 2c) ~ue copies of all le~(s) ~d ~rvc~s) in Sell~ 's p~sessi~ p~in~ to the Pr~ ~d shall 203 behalf off Burr ~d siV~ to S~llcr ~ or ~r~ O~-Record ~atters Objection Dead,ne (i 2c). lfSell~ ~s not receive 20~ knowlc~c. ~7 OBL~ATI~ ~DEB~SS ~T ~ P~ BY ~$ P~DU~D ~OM ~ T~ ~ ON ~ ~K ~R ~C~ ~L LEVIS ~ E~C~S~ T~ B~S TO S~ ~ S~C~G OF SUCH 210 211 ~ ~~ ~O~ ~ ~ ~ ~ ~ ,T,~ B~~ ~G~'~'~ DEBT 212 213 214 216 res~, if ~iCt~ notic~ is r~cei~d by S~Ii~ on ~ b~rc Off-~cord ~a~ers Objection Deaffiine (f 2c), ~is eon~act ~all ~6 o~ ~hc ~oPerw, including ~ithom limitation boUn~ lines and ~cr~c~cms, a~ea, zon~, ~recordcd cas~cnts and ~2S 3-9-99 C~act ~o B~ and Sell ~al Bs~ ~ ~d- Fa~ - ~ch) PaSe 3 of 6 OCT. 10,2000' 1:40PM PITKIN COUNTY ADM!N N0.9669 P. Objecdou Dc~dllnc [§ 2c] end Off-R~cord ivl~stere Objection DeadBne [~ 2c]). 238 10, PROPERTY D~OS~ ~ND ~NSPECTION, On or before Seller's Property Disel~ure 250 m writing ~oa s~tlement ~h~cof on or bcf~c Resolution Deadii~ ~ 2c), this con~a~ ~hall te~ate 257 co md~i~, protec~ ~d hold Selle~ ~rmlc~s ~om ~d asain~ aay li~Billt~, ~a~gc, cost or expose incur: 261 11, CLOSING. Dcli~Iy of deed(s) ~om Seller to ~uyer shall bc at Closin$ (Closing), Closin~ shal be on 2~1 accepted b~ B~y~ in accord~cc wi~ ~ 8a ~itle ~w~w], ~2 h d~ibution utility easy.ts, 2~ ~ ~se ~eci~cally ~es~b~ ti~hts of thud par~ies not sh~ by the public rec~ds ~f ~ ~ich Burr has 274 aclual ~owl~c and w~ich ~re ac~ptcd by Buye~ in acc~dance with ~ 8B [~a~ers ~ ~ho~ by the ublic 2~ 13. PA~M~ ~ ~CU~C~. ~ ~cumbra~cc r~uired to b~ paid shah be paid at 288 15. PR~IONS. ~e follo~ng sh~l be pro~at~ to Cl~tng Date, ~t as oth~se provld~d: ] 2~ ~ The ~s for t~e Calendar Year Immediately Preceding Closiai ~ ~ Mos~ R~t~t Mill Lo~ and Most Recent ~298 16. ~~. P~sossion of ~e P~op~y shall ~ delivered to Burr on Possession D~te andVossession Time ~99 (~ 2c), subject to ~c followin~ le~s) ~ tenancy(s): NON~ 307 lS, CO~ITI~N OF, ~D ~E ~ P~PE~TY ~D ~U~. ~xc~pt as o~f · p~vlded in th~s ~lt h D~: l~cl~ions~ S~r~e~. ~o~d anyincl~ion(s)or serviceis) (includlnE s~ s ~d c~poncnt~ ~20 whichever shell be e~li~. ~n~ S~ll~ shall be liable f~ the r~pair or r~plac~nt of su~ Inclusi~(s) ~ 322 inch Inclusi~(s), s~i~(l) or fix~e(s) is ngt the resp~sibilit~of ~e o~s' ~s~iation, if a~y,~css any instinct C~S 3-9-99 C~t to BUy and S~ll ~1E~ (~ ~d- F~ - ~n~) Page 4 ~ f 6 OCT '0, 2000 ' 40PM PITKiN COUNTY ADMI~ NO 9669 P 6 381 ~5 29. CO~E~R~JECTI~. ~ o~is ~Countcred ~jccted. ~g ~ OF CONT~ OCT 1( 200I 41PM PIT<IN COUNT- ADMIN NO. 9669~P 411 , . 419 tr;lnsactio~ as ~ Sel~.~f ~ Dual Agent ~ ~ansnctioa-Broker. Selling Company'~ Tclcphonc~ S~lllng Company'~ CBS 3 -9-99 Contracz to f~uy and Sell Pmal Estate (Vacant Land- Farm- Ranch) Page 6 of 6 3CT. lO 2000 ,~ PM PITKI~ COUNTY AD~/IN NO 9669 P 8 ADDENDUM TO VACANT LAND/FAI~[ AND I~NCH CONTRACT TO BUY AND SELL I~EAL ESTATE BETWEEN BOARD OF COUNTY COMMISSIONERS OF PITKAN COUNTY. COLOR. ADO AS BUYER AND I~IICI~IE FLANIGAN AS SELLER IM~ROV~M£NT SUrVeY. On or before fi:~e Off-Record Matters Deadline, Seller shall deliver to Buyer, at Seller's expense. ~ current Improvement Survey o£the Property certified by a licensed Colorado tu~eyor for the express ben.fit of Seller, Buyer and the Titl~ Company, dapicling ~ll property comers, improvements, easements ~d rights-of-way, driveways, paring areas, wall~, C~nc~s, encroachments on or off the Property, utiliW lines and utility installations, and res~ictions of record. The ~provement Su~ey shall be in fc ~ ~d con~n~ suffxci=nt to cause ~e title company ~o tssu~ an endorsement to ils titl~ comml~m a~eemg to d~lote ~om Schedule B (S6ctlon 2) of its to-b~-issued titl~ policy stand~d printed ~xc~ption ~os. 1,2, ~d 3 ~t no ca~t to Buyer. ~ ~ event ~he ~prov~ent S~ey disolos*s malt~s whioh in Buyer' s o~inlon constitut~ d~fects in the merch~tabili/y of~ell~r's t/fie, B~y~ muS~.~ve Sellerwdtt~n notice of such ~atisfacto~ title condition(s) no later th~ ~o Title Objection D~adlino. If Buyer in f~t gives su~ nofic~ to ~eller ~ a timely wa~er, ~e provisio~ of P~a~ph t(d~ of tho Con~t s~l apply thereto. If no such nofic~ is timely given, Buy~ shall b* deemed to hsve w~ved any objections to matters sho~ on ~ ~prov~mont S~ey. 2. ~A~AI~ ~AL~: C~TABL~ CO~T~UTION, Buyer and Seller ac~owl~dge that ~ cu~ent fair m~k~t v~ue of ~ Prepay b~i~ convey~ to Buyer under ~is Con~ract ~x~eeds ~uyor's p~chas~ price ~d therefore S~]l~r wished to effectuate ~e ~saction contemplated by this Contract ~ a b~g~n s~l~. so-o~l~d ~ ~ale, p~ ch~table contribution) as ~n~d at ~t~m~ ~venue Code ~lion 1011(b), as ~ended, ~ the re~lations ~der, ~ ~is ~d, ~r closinE at Seller's r0q~st ~d at no ~st to Buyer, Buy~ a~es to t~e all actions re~onably requested by S~ll~ to ac~owle~ge tho ch~table con~butio~ ~cluding ac~owl~ent of~ donagon on Sell~'s f~ral Fo~ 82~3 ~d i~su~c~ to S~ller of a gi~ ao~owled~ent letter. 3. B~'sCONT~CY. Buyer '~ obli~a~on to clo~c u~ ~is a~e~ment is contingen~ upon the con~bution of S~25,000.00, on~halftha p~hase p~c~ for ~e Prop~, ~om ~h~ City of Aspen, a~er approval of ~e City's ballot issue relatin~ ~o a City Open Sp~e, Rec~ation ~d Trois tax. Ruy6r ~h~l provide Seller ~tten notice of sa~sfa~tion of t~s ~o~inE~noy upon reoeip~ o~ a bindinE ~ enForoeabl~ ~o~t ~om the Ci~ of ~en to contribu~e ~at amount. Buyer ~d ~ell~r a~ee that l~s A~e~ent may be ~si~ed to ~h~ City of A~pen, in pa~, ~o ~low the City to acquire a joint or o~er interest in the ~p~y wkh th~ Co~ as consideration for the City cont~bution, Buy.r, in its option, may wa:v~ ~s continuity in whole or in p~ by delive~ ofwrit~n no,we to Buy~, ~LL~'~CoNTINGENCY, T~ con.act is ~on~inEent upon ~losint no later th~ De~ember 10, 2000. ~ ~ event closinE c~ot occur by that date, Seller sha~, at her option. ~ve the ~Eht to can~el ~s con.oat and all earnest monie~ shall be rel~ed ~o Buyer. ~x~ep~ion to Title. ~sp~fion. or Provision. Buyer acknowledges that there is pendin~ litigation a~ecdnE potions of the prope~y ai evid~ed by Lis Pend~s recorded July 26, 2000, as Reception No, 4~483, Fed~al Civil Action No. 00-~-129~, Seller waives ~y objection ~o rifle, inspection or oth~ matters covered by or ~sinE o~ of such litiEation, aad ~ exception reE~din~ the Lis Pendens shall be a pe~itted exception on ~e Speci~ Wa~ty De~ ~o b~ deliv~ed he.under.