TC Ord. No. 2016-06 Approving the Purchase and Sale Agreement for Lot 4Avon
C 0L0F A D0
TOWN OF AVON
ORDINANCE 16 -06
APPROVING THE PURCHASE AND SALE AGREEMENT FOR LOT 49
MOUNTAIN VISTA RESORT SUBDIVISION, TOWN OF AVON,
COLORADO
WHEREAS, the Town of Avon and Points of Colorado, Inc., have mutually signed a
Purchase and Sale Agreement, with an effective date of March 3, 2016, ( "Purchase and Sale
Agreement ") for the acquisition and sale of property in Avon, Colorado, described as Lot 4,
Mountain Vista Resort Subdivision, Town of Avon, Colorado, according to the Replat of Lots
2C, 4 and 5, Mountain Vista Resort Subdivision, Town of Avon, Colorado ( "Property ");
WHEREAS, Section 2.1 of the Avon Home Rule Charter provides that the Town Council
may acquire real property interests and Colorado Revised Statutes section 31- 15- 101(1)(d)
provides that municipalities may acquire and hold real property;
WHEREAS, Paragraph 3.3(c) of the Purchase and Sale Agreement provides that a condition
precedent to the closing is that the adoption of an ordinance by the Avon Town Council to
approve the Purchase and Sale Agreement;
WHEREAS, the Town Council finds that acquisition of this Property supports the Avon
West Town Center District Plan, including K. TOWN HALL, which states, "The existing Town
Hall is too small for the current Town needs, is outdated and lacks a high level of energy
efficiency." and which depicts the location of a new Town Hall facility on the "Main Street" (the
Avon pedestrian mall);
WHEREAS, the Town Council finds that acquisition of the Property shall promote the
health, safety, prosperity, convenience and general welfare of the Avon community by providing
administrative facilities to meet current and projected future needs of the Town; and,
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to provide public comment
on this Ordinance and that approval of this Ordinance on first reading does not constitute a
representation that the Town Council, or any member of the Town Council, supports, approves,
rejects, or denies this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO, the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Ord. No 16 -06 Approving a Purchase and Sale Agreement
FINAL READING —April 12, 2016
Page 1 of 3
Section 2. Purchase and Sale Approved. The Purchase and Sale Agreement attached as
Exhibit A: Purchase and Sale Agreement is hereby approved and, subject to the terms and
conditions precedent set forth in the Purchase and Sale Agreement, the Town Council approves
the acquisition of the Property.
Section 3. Mayor and Town Clerk Authorized to Execute Documents. The Mayor and
Town Clerk are authorized to execute and attest to documents related to acquisition and
encumbrance of the Property in accordance with the terms set forth in the Purchase and Sale
Agreement approved in this Ordinance and take such other actions as may be reasonably
necessary to implement the actions in this Ordinance. The Mayor, Town Manager and Town
Attorney may collectively review and approve the documents contemplated in the Purchase and
Sale Agreement, extend deadlines contemplated in the Purchase and Sale Agreement, and correct
typos, grammatical errors, cross - reference errors, and revisions which do not alter the substantive
terms of the Purchase and Sale Agreement approved in this Ordinance.
Section 4. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
or invalid. As used in this Section, the tenn "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 5. Effective Date. This Ordinance shall take effect thirty days after the date of final
passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 6. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 7. Publication by Posting. The Town Clerk is ordered to publish this Ordinance in
accordance with Chapter 1.16 of the Avon Municipal Code.
[Signature page follows]
Ord. No 16 -06 Approving a Purchase and Sale Agreement
FINAL READING —April 12, 2016
Page 2 of 3
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
BEARING on March 22, 2016 and setting such public hearing for April 12, 2016 at the Council
Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY•
Je ie Fancher, Mayor
ATTEST:
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Debbie Hoppe,
ADOPTED ON SECOND AND FINAL READING on April 12, 2016. ��10Fq�o�
B ATTEST:
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,l S EA L
J&nl ie Fancher, Mayor
APPR VED AS TO FORM:
v
Eric dlfeil, Town Attorney
Ord. No 16 -06 Approving a Purchase and Sale Agreement
FINAL READING —April 12, 2016
Page 3 of 3
Debbie Hoppe, T