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HomeMy WebLinkAboutordinance.council.055-85 RECORD OF PROCEEDINGS 100 Leaves ORDINANCE NO. (Series of 1985) A ORDINANCE APPROVING AN AGREEMENT FOR PURCHASE AND SALE OF REAL ESTATE BETWEEN RED ROOF INNS, INC. AND THE CITY OF ASPEN, COLO- RADO, PROVIDING FOR THE SALE OF LOT 2, GOLF COURSE SUBDIVISION (COMMONLY KNOWN AS "THE RED ROOF INN") BY THE CITY OF ASPEN TO RED ROOF INNS, INC. FOR THE PURCHASE PRICE OF TWO MILLION FIVE HUNDRED THOUSAND DOLLARS ($2,500,000.00), SETTING FORTH THE TERMS AND CON- DITIONS FOR SUCH SALE, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND ALL OTHER DOCUMENTS NECESSARY TO ACCOMPLISH SAID SALE ON BEHALF OF THE CITY OF ASPEN WHEREAS, there has been submitted to the City Council an Agreement for Purchase and Sale of Lot 2, Golf Course Subdivision (commonly known as the "Red Roof Inn"), involving the sale of said parcel and improvements, equipment, access and utility easement, utility easements and sign easement, a copy of which agreement is annexed hereto and made a part hereof. WHEREAS, the aforesaid Agreement for Purchase and Sale includes the following terms and conditions: 1. Purchase price of $2,500,000.00, payable $500,000.00 cash at closing, with the balance to be evidenced by Buyer's non- recourse promissory note bearing interest at the rate of 10% per annum. Such note shall be payable in five 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. 2. Consent by the City to the resale of the project to the Wilhelm Group either by an outright conveyance or under the terms of an installment sale agreement. 3. Termination of the existing lease between the City and Red Roof Inns, Inc. pertaining to the project, a memorandum of which lease is recorded in Book 433, Page 238 in the Pitkin County Clerk and Recorder's office. RECORD OF PROCEEDINGS 100 Leaves 4. Covenants restricting the use and development of the project as set forth in the ballot question submitted to and approved by the voters of the City of Aspen in the general election conducted May 5, 1981. 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 approve that Agreement for Purchase and Sale of Real Estate, a copy of which is annexed hereto and incorporated herein, between Red Roof Inns, Inc. and the City of Aspen providing for the sale of Lot 2, Golf Course Subdivision to Red Roof Inns, Inc., and does hereby author- ize the Mayor to execute said agreement and all other documents approved by the City Attorney as may be necessary to accomplish said sale on behalf of the City of Aspen. Section 2 If any sectionv subsection, sentence, clause, phrase or por- tion of this ordinance is for any reason held invalid or unconsti- tutional 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 A public hearing on the ordinance shall be held on the day of __~~~-~ _, 1985, in the City Council Chambers, Aspen City Hall, Aspen, Colorado. INTRODUCED, READ AND ORDERED published as provided by law of the City Council of the City of Aspen on the .~3 _ day of .... _~ , 1985. RECORD OF PROCEEDINGS 100 Leaves William L. Stirli! ATTEST: FINALLY adopted, passed and approved this /~ day of ATTEST: Kathryn S.~6ch, City Cle 2J STATE OF COLORADO CERTIFICATE COUNTY OF PITKIN I, Kathryn S. Koch, City Clerk of Aspen, Colorado, do hereby certify that the above and foregoing ordinance was introduced, read in full, and passed on first reading at a regular meeting of the City Council of the City of Aspen on 1985, and published in the Aspen Times, a weekly newspaper of general circulation published in the City of Aspen,Colorado, in its issue of --_ - ' ~ ~ 1985, and was finally adopted and approved at a regular meeting of the City Council on ~ /5'- , 1985, and ordered published as Ordinance No. ~ , Series of 1985, of said City as provided by law. IN WITNESS WHEREOF, I have hereunto set my hand and the seal of said City of Aspen, Colorado this __/~-A_~ day of ~~,~ 1985. SEAL Deputy City Clerk