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HomeMy WebLinkAboutRES 12-045 RESOLUTION NO. 12-045 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT that the City is authorized to purchase and acquire ownership of the land, building, furnishings and fixtures commonly referred to as Hotel Beaumont, located at 625 Orleans, Beaumont, Texas, which acquisition may be accomplished in such manner as the City Manager and the City Attorney determine to be in the best interest of the City, and the City is authorized in connection with such acquisition to work with Capital One N.A. (the "Bank" or "Capital One") (any any successor to the Bank and the holder of the Bank's first lien note) and the owner of Hotel Beaumont, 625 Orleans Limited Partnership (the "Owner"), to determine the most cost effective manner for this acquisition, and without limiting the foregoing, the City is authorized to accomplish the acquisition of Hotel Beaumont under any one or more of the following options, or any combination thereof, or under any other method determined by the City Manager and City Attorney to be in the best interest of the City: (1) acquiring from Capital One (or any successor to Capital One)the first lien note that exists and is secured by the property for the entire amount owed to the Bank under such note and then acquiring title to the property by either foreclosing on the lien that exists on the property that secures such note or taking a deed in lieu of foreclosure from the Owner; (2) buying the property directly from the Owner for the amount owed to Capital One, so that the funds are advanced to the Owner and Capital One at closing in exchange for a deed to the property, and which funding may be arranged as a loan by the City to the Owner in exchange for a deed to the property; or (3) bidding for and acquiring ownership of the property at any foreclosure sale conducted by Capital One or any successor in interest to Capital One, and also any foreclosure sale conducted by the City; and, BE IT FURTHER RESOLVED THAT the City is authorized to spend such amount of the City's funds necessary to accomplish the foregoing acquisition of the property, which is estimated to be $827,419 to payoff the debt owed to Capital One, plus any additional accrued interest and closing expenses; and, BE IT FURTHER RESOLVED THAT the City is authorized, to the extent necessary, to work with HUD and take such action as is necessary or advisable as determined by the City Manager and City Attorney in regards to the City's outstanding Section 108 loan to HUD; and, BE IT FURTHER RESOLVED THAT the City is authorized, to the extent advisable, as determined by the City Manager and City Attorney, to accelerate and demand payment of any of the notes and debt owed by the Owner to the City and assigned to HUD and to foreclose its liens the City and HUD hold on the property that secure such indebtedness and to bid at any such foreclosure in such amounts as determined by the City Manager and City Attorney; and, BE IT FURTHER RESOLVED THAT the City Manager and City Attorney are authorized to negotiate and enter into, and sign on behalf of the City, any such note purchase agreements, purchase contracts, deeds, assumptions, other agreements, closing documents, settlement statements and other documents and interests as may be necessary or appropriate to accomplish any of the foregoing, on such terms as either of the City Manager or City Attorney determine to be in the best interest of the City. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 28th day of February, 2012. t - Mayor Becky Ames - �l � ww a