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HomeMy WebLinkAboutR04-002 Miller Ranch Modification of deed Restriction AgreementCommissioner moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004- UDC RESOLUTION APPROVING MODIFICATION OF MEMORANDUM OF ACCEPTANCE OF DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF MILLER RANCH WHEREAS, the Board of County Commissioners ("Board") of Eagle County, Colorado by Resolution No. 2003-122 dated September 30, 2003 approved the form Memorandum of Acceptance of Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing; and WHEREAS, the Board modified the Miller Ranch Housing Guidelines on December 16, 2003 and as a result of such revision an amendment to paragraph four of the Memorandum of Acceptance of Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing is necessary. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the Board hereby approves the revised Memorandum of Acceptance of Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing as set forth in Exhibit "A" which is attached hereto and incorporated herein by reference; and THAT, any of the County Commissioners are authorized to execute such Memorandum of Acceptance of Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing and any other documents necessary to effectuate the release and sale of units on Tract D, Berry Creek/Miller Ranch PUD to Berry Creek Limited Liability Company and qualified buyers; and THAT, the Board of County Commissioners hereby approve and ratify all action taken by the Board of County Commissioners to date in connection with release and sale of units on Tract D, Berry Creek/Miller Ranch PUD; and THAT, this Resolution is necessary for the health, safety and welfare of the citizens of Eagle County, Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, at its regular meeting held thi~,day _ 004. ~~ ~~' ®~ "'f~~LOR~°~ AT ESTc~~ , t r rr~ k~ t Jerk of the Board of ounty Commissioners COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County Commissioners ~ _ n By: Y V `~' Michael L.Gallagher, Cha' an By: By: C Commissioner ~~~~~ seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Michael L. Gallagher ~-~.,,c,~~.' Commissioner Tom C. Stone ~„r,,r ~~ / CommissionerArn M. Menconi ~~.~,~° , This Resolution passed by L~/~//~~~/~I~.~wote of the Board of County Commissioners of the County of Eagle, State of Colorado. MEMORANDUM OF ACCEPTANCE OF DEED RESTRICTION AGREEMENT FOR THE OCCUPANCY AND RESALE OF MILLER RANCH HOUSING This Memorandum of Acceptance of Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing rs dated this_ day of , 2004 and is executed by .the Buyer(s) of the real property more fully described herein (the "Buyer"). RECITALS: WHEREAS, the Buyer, is purchasing from Berry Creek Limited Liability Company, the Seiler, (the "Seller") the following described real property: (description) Also known Eagle County, Colorado (the "Property"); and WHEREAS, the Seller of the Property is requiring, as a prerequisite to the closing of the sale transaction for the Property, that Buyer acknowledge and agree to the terms, conditions and restrictions found in those certain instruments entitled Deed Restriction Agreement for the Occupancy and Resale of Miller Ranch Housing recorded on October 24, 2003, at Reception No. 855028 of the records for the Clerk and Recorder of Eagle County, Colorado ("Deed Restriction") and Miller Ranch Housing Guidelines adopted by the Eagle County Board of County Commissioners ("Guidelines"). NOW, THEREFORE, as an inducement to the Seller to sell the Property, the Buyer: 1. Acknowledges that the undersigned has carefully read the entire Deed Restriction and Guidelines, has had the opportunity to consult with legal and financial counsel concerning them, and fully understands them. 2. Acknowledges that the undersigned understands that (a) the Deed Restriction runs with the Property; (b) the Deed Restriction and Guidelines, by their terms, maybe amended from time to time by the Board of County Commissioners of Eagle County, Colorado; and (c) the Deed Restriction and Guidelines maybe enforced by Eagle County, Colorado. 3• Buyer hereby accepts and agrees to be bound by the terms of the Deed Restriction as recorded, and the Guidelines in their entirety and as may be amended from time to time. 4• The Buyer further agrees that the Buyer's purchase price for purposes of calculating the maximum sale price pursuant to the Deed Restriction and Guidelines is $ .Buyer acknowledges that permitted capital improvements during the first ten years of ownership by Buyer may not exceed $ approves $ which sum re resents u p y y County hereby toward the total ermitted ca ital i P Pgrades urchased b Bu er from Berry Creek, LLC P p mprovements. 5. Any notice required to be sent to the Buyer under the Deed Restriction shall be sent to: Name Address 6• Buyer hereby directs that this memorandum be placed of record in the real estate records of Eagle County, Colorado. IN WITNESS WHEREOF, the Buyer(s) have executed this instrument the day and year first above written. BUYER(S); By: By: STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this day of , 200_ b Y Witness my hand and official seal. My commission expires: Notary Public Accepted and approved: EAGLE COUNTY, COLORADO By and Through Its Board of County Commissioners By: ATTEST: Teak J. Simonton, Clerk to the Board of County Commissioners STATE OF COLORADO ) ss: COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me this _ day of , 2003, b and Teak J. Simonton, Clerk to the Board of County Commissioners. Witness my hand and official seal. My commission expires: Notary Public EXHIBIT "A"