Loading...
TC Ord. No. 2014-16 Approving the Purchase & Sale Agreement of Lot 4ATTACHMENT B: Ordinance No. 14 -16 TOWN OF AVON ORDINANCE 14 -16 SERIES of 2014 AN ORDINANCE APPROVING THE PURCHASE AND SALE AGREEMENT FOR LOT 4, 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 September 17, 2014, ( "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 2.8(h) of the Purchase and Sale Agreement provides that the Town of Avon may terminate the Purchase and Sale Agreement by October 22, 2014 if the Avon Town Council does not adopt an ordinance approving the Purchase and Sale Agreement by October 15, 2014; 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Plan, including K. TOWN HALL, which states, "The existing Town Hall is too small for the current Town needs, is outdated and lacks a high level of energy efficiency."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 14 -16 Approving a Purchase and Sale Agreement September 18, 2014 Page 1 of 3 ATTACHMENT B: Ordinance No. 14 -16 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 term "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 by posting notice of adoption of this Ordinance on final reading by title only in at least three public places within the Town and posting at the office of the Town Clerk, which notice shall contain a statement that a copy of the Ordinance in full is available for public inspection in the office of the Town Clerk during normal business hours. [Signature page follows] Ord. No 14 -16 Approving a Purchase and Sale Agreement September 18, 2014 Page 2 of 3 ATTACHMENT B: Ordinance No. 14 -16 INTRODUCED, APPROVED, PASSED ON FIRST READING, ORDERED POSTED AND REFERRED TO PUBLIC HEARING and setting such public hearing for October 14, 2014 at the Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado, on September 23, 2014. R1ch Ca 1, ayor Published by posting in at least three public places in Town and posting at the office of the Town Clerk at least six days prior to final action by the Town Council. ATTEST: APPR D AS TO FO o � o ric . H ' , own Attorney INTRODUCED, FINALLY APPROVED, AND PASSED ON SECOND READING, AND ORDERED PUBLISHED BY POSTING on October 14, 20 4. Ric arro , Mayor Published by posting by title in at least three public places in Town and posting by title at the office of the Town Clerk. ATTEST: Debbie Hoppe, tckvn Clerk APPR( VED AS TO FORM: Eric J. ,Town Atto y Ord. No 14 -16 Approving a Purchase and Sale Agreement September 18, 2014 Page 3 of 3