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HomeMy WebLinkAboutordinance.council.074-90 . ,- . ORDINANCE NO. ~ (Series of 1990) AN ORDINANCE AUTHORIZING AND APPROVING THE PURCHASE OF APPROXI- MATELY TWENTY-FIVE (25) ACRES OF LAND SITUATED WITHIN THE CITY OF ASPEN, AND OTHERWISE KNOWN AS THE "MEADOWS CONSERVATION LAND", AND DESIGNATING $2,125,000.00 FROM THE LAND FUND FOR THE PURCHASE OF SAME. WHEREAS, a sub-committee of the city Council and members of the city staff have negotiated the proposed purchase by the City of Aspen of approximately 25 acres of land situated within the City and commonly known as the "Meadows Conservation Land" on terms and conditions as set forth in that certain Contract to Buy and Sell Vacant Real Estate attached hereto and fully incor- po rated herein as Exhibit "A"; and WHEREAS, the land to be purchased includes fragile and valuable riparian habitat along both sides of Castle Creek and along the Roarlng Fork River, as well as wetlands and grasslands; and WHEREAS, portions of the land to be purchased are comprised of areas with significant historical, cultural and environmental importance to the citizens of the city of Aspen; and WHEREAS, the purchase of the Meadows Conservation Land will reserve to the citizens of the city of Aspen and visitors alike an accessible and unspoiled natural habitat in a shrinking and evermore costly native environment; and WHEREAS, the City Council has determined that the purchase of the Meadows Conservation Land wlll provide necessary and '. 'e . beneficial open space for passive recreational activities, hiking, biking, cross-country skiing and fishing; and WHEREAS, the City Council has determined that the expendi- ture of $2,125,000.00 from the Land Acquisition Including Open Space and Capltal Improvement Fund (Land Fund) to purchase the Meadows Conservatlon Land is consistent with both the purposes and intent of such fund. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: section 1 The Contract to Buy and Sell Vacant Real Estate as hereto- fore negotiated between the City and Savanah Limited Partnership for the purchase of the Meadows Conservation Land, and attached and incorporated herein as Exhibit "A", is hereby ratified and approved. section 2 The sum of Two Million One Hundred Twenty-five Thousand Dollars and No Cents ($2,125,000.00) is hereby designated and authorized to be expended from the Land Acquisition Including Open Space and Capital Improvements Fund (Land Fund) for the purchase of that certain portion of the Aspen Meadows Property comprising approximately twenty-flve (25) acres, more or less, situated within the city of Aspen and commonly known as the "Mea- dows Conservation Land". 2 section 3 Pursuant to section 10.8 of the Home Rule Charter for the City of Aspen, the Mayor and/or the City Manager is hereby authorized and directed to execute a long term (more than one year) installment purchase contract for the purchase of the Meadows Conservation Land, as well as such other documents as may be necessary to consummate the acquisition, upon approval as to form of said documents by the city Attorney. Such purchase contract shall include, at a mlnimum, the following terms: (a) Purchase by the City of the approximately 25 acres, more or less, constituting the Meadows Conservation Land; (b) Payment of consideration to the seller in the sum of $2,125,000.00 (subject to customary prorations), to be pald as follows: (i) $100,000.00 upon execution of a contract to buy and sell; $900,000.00 at closing; Execution at closing of a non-recourse promis- sory note payable to seller in the principal amount of $1,125,000.00 as amortized over three (3) years at zero (0) percent interest, payable in installments of $375,000.00 per year, prin- cipal and interest, and secured by a first deed of trust encumbering the land in favor of the e e (ii) (iii) . 3 . e e seller. Payments shall commence on the first anniversary of the closing and shall be due on the same date of each succeeding year until the balance outstanding is paid in full. There shall be no penalty for prepayment. Section 4 Only such funds from the Land Fund as designated herein shall be made available and expended for the purchase of the Meadows Conservation Land and no general or other revenue sources of the City shall be charged, committed or utilized to satisfy the indebtedness created by such purchase. section 5 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 independ~nt provision and shall not affect the validity of the remaining portions thereof. Section 6 A public hearlng on the ordinance shall be held on the /D~ day of ~ , 1990, in the City Council Chambers, Aspen city Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED PUBLISHED as provided by law by the city Council of the City of Aspen on the =<~~ day of ~- , 1990. 4 . 'e 'e ~~:i ATTEST: ~c:!c~~ FINALLY adopted, passed and approved this /D%L ~-' ATTEST: ~/~~k day of ~~ William L. stirling, Mayor 5