HomeMy WebLinkAboutMINUTES Town Board Special Meeting 1989-02-17Zolun of Tides ink, Lorimer County, Colorado,
February 17
19 89
Minutes of a $PggiAl meeting of the Board of Trustees of the Town of Estes
Park, Larimer County, Colorado. Meeting held in the Town Hall in said Town of Estes Park
on the ..17.tb...... day of FebT.114TY , A. D. 19.89. at regular meeting
hour.
Meeting called to order by Mayor
H. Bernerd Dannels
Present:Mayor H. B. Dannels Trustees: Norbert L. Aldrich,
David Barker,
Milan A. Dickinson,
Polly Garrett,
Also Present: Gary F. Klaphake, David Habecker,
Town Administrator George J. Hix
Gregory A. White,
Town Attorney
/9434Vrii Vickie O'Connor,
Town Clerk
Absent: None
Mayor Dannels called a special meeting of the Board of Trustees
to order at 12:10 P.M.
Town Attorney White reported M.D.C. Land Corporation and the
Superior Metropolitan District No. 1 were going to exercise their
option on the purchase of the Town's 35 units of Windy Gap water.
Attorney White reviewed the Fourth Amendment to the Contract,
including the payment schedule, and Letters of Credit. M.D.C.
and the Superior District are able to issue a check in the amount
of $1,000,000.00 this date; the remaining Contract amount would
be $2,500,000.00.
Trustee Dickinson introduced, and Town Attorney White read in
full, the following resolutions and Warranty, and moved they be
passed and adopted:
RESOLUTION 5-89
WHEREAS, the Town of Estes Park ("Town"), M.D.C.
Land Corporation ("M.D.C."), a Colorado Corporation,
Superior Metropolitan District No. 1 ("Superior"), have
executed the following: "Contract to Purchase Windy
Gap Water", dated June 15, 1987, "Amendment to Contract
to Purchase Windy Gap Water", dated March 28, 1988,
"Second Amendment to Contract to Purchase Windy Gap
Water", dated March 31, 1988, and "Third Amendment to
Contract to Purchase Windy Gap Water", dated November
14, 1988; and
WHEREAS, the parties have proposed to amend said
Contract and amendments by the terms and conditions of
a "Fourth Amendment to Contract to Purchase Windy Gap
Water"; and
WHEREAS, the Board of Trustees of the Town of
Estes Park has determined that it is in the best
interest of the Town to approve and execute said Fourth
Amendment to Contract to Purchase Windy Gap Water.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
TRUSTEES OF THE TOWN OF ESTES PARK, as follows:
1. The Board of Trustees of the Town of Estes
Park hereby agrees to the terms and conditions of the
Fourth Amendment to Contract to Purchase Windy Gap
Board of Trustees - February 17, 1989 - Page two
Water in the form attached hereto and incorporated
herein by reference.
2. The Mayor and Town Clerk are hereby au-
thorized to execute the Fourth Amendment to Contract to
Purchase Windy Gap Water.
RESOLUTI ON 6-89
WHEREAS, the Town of Estes Park ("Town"), M.D.C.
Land Corporation ("M.D.C."), a Colorado Corporation,
and Superior Metropolitan District No. 1 ("Superior"),
entered into a "Contract to Purchase Windy Gap Water"
dated June 15, 1987, "Amendment to Purchase Windy Windy
Gap Water" dated March 28, 1988, "Second Amendment to
Contract to Purchase Windy Gap Water" dated March 31,
1988, "Third Amendment to Contract to Purchase Windy
Gap Water" dated November 14, 1988, and "Fourth Amend-
ment to Contract to Purchase Windy Gap Water" dated
February 17, 1989; and
WHEREAS, it is necessary for the Town to execute a
Warranty as more fully set forth in paragraph 5.2.a. of
the Contract; and
WHEREAS, it may be necessary to execute any other
documents required by M.D.C., Superior and/or Municipal
Subdistrict, Northern Colorado Water Conservancy
District to close the contract.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF
TRUSTEES OF THE TOWN OF ESTES PARK, as follows:
1. The appropriate officials of the Town of
Estes Park are hereby authorized to execute any and all
documents necessary to close the transaction according
to the terms and conditions of the aforementioned
contract and agreements thereto and/or requirements of
the Municipal Subdistrict, Northern Colorado Water
Conservancy District to close the Contract.
2. The Mayor and Town Clerk are hereby au-
thorized to execute the Warranty in the form attached
hereto and incorporated herein by reference.
Trustee Aldrich seconded the motion and it passed unanimously.
There being no further business, Mayor Dannels adjourned the
meeting at 12:40 P.M.
Mayor
/(44,
. . ....... . . . . . .
Town Clerk