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HomeMy WebLinkAboutordinance.council.053-86 ORDINANCE NO. 53 (Series of 1986) AN ORDINANCE APPROVING AN AGREEMENT WITH RED ROOF INNS, INC. PROVIDING FOR THE RECONVEYANCE IN LIEU OF FORECLOSURE OF LOT 2, GOLF COURSE SUBDIVISION (COMMONLY KNOWN AS THE "RED ROOF INN"), FOR THE PURCHASE BY THE CITY OF FURNITURE, FIXTURES AND EQUIPMENT CURRENTLY OWNED AND LOCATED ON THE PREMISES FOR A SUM OF NOT MORE THAN $150,000.00 TO BE PAID ON A DEFERRED INSTALLMENT CONTRACT BASIS AT THE RATE OF 7.5%, A RELEASE OF ALL CLAIMS BETWEEN THE PARTIES AND SETTING FORTH ADDITIONAL TERMS AND CONDITIONS THEREOF, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH THE TRANSACTION ON BEHALF OF THE CITY OF ASPEN WHEREAS, in November of 1985, the City and Red Roof Inns, Inc., entered into and transacted an agreement for the purchase and sale of Lot 2, Golf Course Subdivision (commonly known as the "Red Roof Inn"), wherein Red Roof Inns, Inc. agreed to pay the City a purchase price of $2,500,000.00, payable $500,000.00 cash at closing, with the balance evidenced by Red Roof Inns' non- recourse promissory note bearing interest at the rate of 10% per annum. Said note provides that it shall be payable in five (5) annual installments of Four Hundred Thousand Dollars ($400,000.00) of principal, together with accrued interest, and shall be fully due and payable within five (5) years from the date of closing; and WHEREAS, the City has been notified by Red Roof Inns, Inc., that it does not intend to make the principal and interest payment due November 26, 1986; and WHEREAS, Red Roof Inns, Inc. has proposed to reconvey the property to the City in lieu of foreclosure proceedings; and WHEREAS, in connection with Red Roof Inns, Inc. 's proposal, there has been submitted to the City Council an agreement, including the following terms and conditions: 1. Red Roof Inns, Inc. will reconvey Lot 2, Golf Course Subdivision, in lieu of foreclosure. 2. In view of outstanding disputes between the parties regarding maintenance, payment of water utilities, taxes, etc., Red Roof Inns, Inc. will convey to City furniture, fixtures, and equipment commonly estimated at a fair market value of $280,000.00, for the sum of not more than $150,000.00 to be paid on an installment contract basis, bearing interest at the rate of 7.5% on deferred payments, to be paid two years from the date of the reconveyance. The City's obligation would be secured by a security interest in the furniture, fixtures and equipment and a deed of trust on the property. The deed of trust may be removed at such time as the City makes payment in full or guarantees payment. 3. The City and Red Roof Inns, Inc. will execute a mutual release regarding all outstanding disputes. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 That the City Council of the city of Aspen does hereby approve that agreement for reconveyance of Lot 2, Golf Course 2 Subdivision, in lieu of foreclosure, and the installment purchase of furniture, fixtures and equipment currently on the premises, copy of which is annexed hereto and incorporated herein, between Red Roof Inns, Inc. and the city of Aspen, and does hereby authorize and direct the Mayor to execute said agreement and all other documents approved by the City Attorney as to form and as may be necessary to accomplish said agreement on behalf of the City of Aspen. section 2 If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and shall not affect the validity of the remaining portions thereof. section 3 Nothing in this ordinance shall be construed to affect any right, duty or liability under any ordinances in effect prior to the effective date of this ordinance, and the same shall be continued and concluded under such prior ordinance. section 4 A public hearing on the ordinance shall be held on the-1~ day of ~ , 1986, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. 3 INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the City Council of the City of Aspen on the S day of ~ ' 1986. illiam L. stirli g, ,. ATTEST: ~ J~~ Kathryn ~o6h, City Clerk FINALLY adopted, passed and approved this ~~ day of ~ , 19~~ / f~~~ William L. Stirling, Mayor ATTEST: ~~ Kathryn Ko, City Clerk 4