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HomeMy WebLinkAboutR03-117 Authorizing any of the Commissioners to Execute Documents - Sale of Real Property Tract D Miller Ranchf Commissioner ` ~ r moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO Resolution No. 2003- '~ 1 RESOLUTION AUTHORIZING ANY OF THE EAGLE COUNTY COMMISSIONERS TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE THE SALE OF REAL PROPERTY TO BERRY CREEK LIMITED LIABILITY COMPANY SUCH REAL PROPERTY BEING LOCATED ON TRACT D, MILLER RANCH, EAGLE COUNTY, COLORADO WHEREAS, Eagle County, Colorado ("County") is a political subdivision of the State of Colorado ("State"), duly organized and existing pursuant to the laws and the Constitution of the State; and WHEREAS, Berry Creek Limited Liability Company (`Berry Creek") is a Colorado Limited Liability Company; and WHEREAS, the County owns Tract D, Berry Creek/Miller Ranch Planned Unit Development, Eagle County, Colorado (hereinafter the "Property"). Berry Creek is the developer of the Property pursuant to the terms of a Development Agreement dated March 12, 2002 and a Land Lease and Option Agreement dated August 20, 2002 which shall collectively be referred to as the "Agreements;" and WHEREAS, pursuant to the Land Lease and Option Agreement, Berry Creek may give the County notice of its intent to acquire the Property as improvements-are constructed thereon; and WHEREAS, upon receipt of proper notice from Berry Creek indicating its desire to exercise its option consistent with the terms of the Agreements County is required to deliver a special warranty deed and release of the relevant Property from the terms of the Land Lease and Option Agreement and other documents necessary for closing; and WHEREAS, Berry Creek anticipates providing notice to County commencing in September, 2003 and periodically thereafter until the sale of all units has occurred; and WHEREAS, Berry Creek and County wish to ensure that all documents are timely signed by County to expedite closings between Berry Creek and third party purchasers. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board of County Commissioners hereby authorizes the Chairman of the Board of County Commissioners to execute on its behalf any and all necessary documents, instruments, papers or other forms necessary for the consummation of the sale of the Property to Berry Creek Limited Liability Company consistent with the terms of the Agreements. Such documents may include, but shall not be limited to, release or partial release of Property under the Land Lease and Option Agreement, disclosure statements, settlement sheets, special warranty deeds as well as any other necessary documents which are required or desirable. THAT, in the event the Chairman is not available to execute any and all necessary documents, instruments, papers or other forms necessary for the consummation of the sale of the Property as set forth above, then any other County Commissioner is hereby authorized to execute such documents on behalf of the Board of County Commissioners of Eagle County. THEREFORE, the Board of County Commissioners finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the citizens of the County of Eagle, State of Colorado. MOVED, READ and ADOPTED, by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held thiso?~ day of 2003. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners: Michael L. Gallagher, Chairman Commissioner Commissioner ~~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: .i Commissioner Michael L. Gallagher Commissioner Tom C. Stone Commissioner Arn M. Menconi passe y vote of the Board of County Commissioners of the County of Eagle, State of Colorado. This Resolution d b ~ -$ •