HomeMy WebLinkAboutR83-011 lease agremeent for richardson house (library)s, C E R T I F I E D R E C O R D of proceedings of THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, COLORADO relating to the authorization of that certain LEASE AND AGREEMENT IN THE AGGREGATE PRINCIPAL AMOUNT OF $165,000 WITH RESPECT TO A COUNTY OFFICE BUILDING STATE OF COLORADO ) ss. COUNTY OF EAGLE ) The Board of County Commissioners of the County of Eagle, Colorado, met in session, in full conformity with the laws of the State of Colorado and rules of the County, in the Commissioners Meeting Room in the Eagle County Courthouse, being the regular meeting place of the Board, on G the c(/ day of January, 1983, at the hour of '%Q o'clock �q_-- m., at which meeting there were present and answering at roll call: Chairman of the Board: David E. Mott Commissioners: Keith Troxel Dan Williams Also present: County Attorney: James Fritze, Esq. County Clerk: Johnette Phillips Thereupon, Commissioner introduced and there was read in full the following Resolution: i R E S O L U T I O N Y,-3-11 A RESOLUTION AUTHORIZING THAT CERTAIN LEASE AND AGREEMENT BETWEEN MUNICIPAL INVESTMENT COMPANY, A COLORADO CORPORATION, AS LESSOR, AND THE COUNTY OF EAGLE, COLORADO, IN THE AGGREGATE PRINCIPAL AMOUNT OF $165,000 AND IN CONNECTION WITH THAT CERTAIN COUNTY OFFICE BUILDING; PROVIDING FOR ANNUAL LEASE PAYMENTS; AND PRESCRIBING OTHER DETAILS IN CONNECTION THEREWITH. WHEREAS, the County of Eagle, Colorado, is a political subdivision of the State of Colorado organized and existing under the Constitution and laws of the State of Colorado (the "County "); and WHEREAS, pursuant to Title 30, Article 11, C.R.S. 1973, as amended, the County is authorized to enter into long -term leasehold agreements with an option to purchase; and WHEREAS, the Board of County Commissioners (the "Board ") hereby finds and determines that the execution of a Lease and Agreement for the purpose of leasing with the option to purchase a certain office building is appropriate and necessary for performing the authorized functions of the County and is in furtherance of the purposes of the County and the best interest of the residents thereof; and , WHEREAS, Municipal Investment Company, a Colorado corporation, (the Lessor), shall act as Lessor under said Lease and Agreement; and WHEREAS, the Lease and Agreement shall not constitute a general obligation indebtedness of the County within the meaning of the Constitution and laws of the State of Colorado; and WHEREAS, the Lessor desires to lease the building and the site thereof to the County, and the County desires to lease the building and the site thereof from the Lessor for the use and benefit of the residents of the County, pursuant to the terms and conditions hereinafter set forth. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, COLORADO: 2 Section 1. That the forms, terms and provisions of the Lease and Agreement as effectuated and modified by the Escrow Agreement, be and are hereby approved in substantially the form set forth in the document presently before the Board of County Commissioners. Section 2. That the County, acting through the Chairman of its Board of County Commissioners, is hereby authorized and directed to enter into and execute said Lease and Agreement and said Escrow Agreement in substantially the form set forth in the documents presently before the Board, and the County Clerk is authorized and directed to affix the County's seal to and to attest and countersign such documents, which documents are available for public inspection at the offices of the County Clerk. Section 3. That said Lease and Agreement shall be in the maximum aggregate principal amount of $165,000.00, bearing interest at a rate not to exceed 11.00% per annum, as set forth in Articles IV and VI of the Lease and Agremeent, said Lease and Agreement to contain an option to purchase the Demised Premises as therein set forth. Section 4. That the Chairman of the Board of County Commissioners and all other appropriate officers of the County are hereby authorized and directed to sign, file, or cause to be signed or filed, or approve, accept or concur in all necessary or appropriate documents for consummating the transactions contemplated by this Resolution, the Lease and Agreement and the Escrow Agreement. Section 5. That the County's obligation under said Lease and Agreement shall be annually renewable by the County and expressly subject to annual appropriation by the Board; and that such obligation under said Lease and Agreement shall not constitute a general obligation of the County or an indebtedness within the meaning of the Constitution and laws of the State. Section 6. This Resolution shall take effect immediately upon its passage. E INTRODUCED, READ AND PASSED thisj'j this ' day of January, 1983. (S E A L) ATT ST: I r C ty Clerk M Chairman of the Board of County Commissioners It was thereupon moved by Commissioner c% and seconded by Commissioner �,�� j��� that the foregoing Resolution, read in full at this meeting as aforesaid, be approved. The question being upon the adoption of said motion, the roll was called with the following result: Those voting AYE: Those voting NAY: A majority of the Board of County Commissioners having voted in favor of said motion, the presiding officer thereupon declared the motion carried. Thereupon, after consideration of other business, the meeting was adjourned. Chairman of the Board (S E A L) of County Commissioners ATTEST: Co ty Clerk A STATE OF COLORADO ) ss. COUNTY OF EAGLE ) I, Johnette Phillips, County Clerk and Recorder of the County of Eagle, Colorado, do hereby certify that the foregoing pages, numbered 1 through 5, inclusive, constitute a true and correct copy of the record of proceedings of the Board of County Commissioners of the County, taken at a regular meeting thereof, held in the Commissioners Meeting Room in the Eagle County Courthouse, the regular meeting place of the Board, on the 4'1 day of January, 1983, insofar as said proceedings rela e to the passage of a Resolution authorizing that certain Lease and Agreement and Escrow Agreement between Municipal Investment Company, as Lessor, and the County, as Lessee, in the aggregate principal amount of $165,000 and in connection with that certain County office building; and that said original Resolution has been duly authenticated by the signatures of the Chairman of the Board of County Commissioners and myself, as County Clerk. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the County this ,4N9" day of January, 1983. (S E A L) R Z: unty Clerk an Recorder