TOWN OF SAGUACHE
Board of Trustees
Special Session
April 8, 2009
The Town of Saguache Board of Trustees met for a Special Session on April 8, 2009, with Trustees being present as follows:
Mayor Milton Jones Present
Mayor Pro-Tem Steve Sanchez Absent
Trustee Dario Archuleta Present
Trustee Ruth Horn Present
Trustee Carla Quintana Present
Trustee Tina Serna Present
Trustee Laurie Vigil Absent
Town of Saguache employees being present as follows:
Therese Garcia, Town Clerk Present
Caroline W. Irwin, Deputy Clerk Absent
Dan Pacheco, Public Works Absent
Town of Saguache Attorney being present as follows:
Attorney Eugene Farish Absent
Citizens present as follows: Gordon “Butch” Hammel, Rod Hammel, Sharon Hammel- Lockett, and Kim Smoyer
Call to Order: The meeting was called to order by Mayor Jones at 7:03 p.m.
Introductions were given of those in attendance.
Letter of Intent between Town of Saguache and the Hammel Superette: There is an interest from the Town to purchase the Hammel Superette and to renovate the building for a Visitors Center, Chamber of Commerce information area along with business space. Tonight’s purpose is to enter into an agreement for the Town to locate funds for appraisal from an agreed upon agency and for purchase along with having Brownsfield Foundation provide environmental assessment due to the location being a gas station at one time, etc. The Town is asking the Hammel’s for twelve months to locate funding. At the end of twelve months, the Town forfeits the cost of the appraisal and property can be placed on the market. The document was reviewed by everyone present. Discussion continued as the document was edited. Concerns about the Brownsfield Foundation environment assessment and the agenda of the Town towards cleanup of the property prior to purchase or condemning it were expressed by the Hammel’s. Kim Smoyer explained Brownsfield process in that they assess, if cleanup is needed; Brownsfield locates grant funds to be used once purchase is completed. This letter of intent is not a purchase agreement. The letter of intent does show interest by the Town to purchase the property.
It was agreed that appraisal cost would be paid by the buyer. At closing the appraisal cost would be subtracted from the selling price.
It was agreed to remove second sentence from number 4 stating” If the environmental assessment indicates that there is any clean-up required, the buyer reserves the right to request in the purchase price based upon the estimated cost of clean-up”. This was done with all parties in agreement.
It was also agreed to add the wording on number 8 “The purpose of this document though not legally binding is to evidence the parties good faith intent to proceed”.
It was clarified in discussion that environment cleanup by Brownsfield is not done until the property belongs to Town. The assessment by Brownsfield is done at no cost to the buyer or seller and a signed Letter of Intent starts the assessment process.
Amendments to the document were made and Mayor Jones read the changes to all present.
Two original documents were signed by all parties.
MOTION by Trustee Serna; Second by Trustee Quintana
Trustee Serna moved to accept the amended Letter of Intent as signed and attested.
Vote as follows: Trustee Quintana – aye; Trustee Serna – aye; Trustee Archuleta – aye; Trustee Horn – aye; Mayor Jones – aye
VOTE: 5 – Aye; 0 - No; 0 - Abstain
Adjourn: There being no further business the meeting adjourned at 7:50 p.m.
TOWN OF SAGUACHE BOARD OF TRUSTEES
SAGUACHE, COLORADO
______
Milton Jones, Mayor
ATTEST:
______
Therese Garcia, Town Clerk
2
Special Session minutes for April 8, 2009