RESOLUTION NO. 1270

 

A RESOLUTION OF THE COUNCIL OF THE CITY OF SALISBURY, MARYLAND GRANTING AN ADDITIONAL NINE MONTHS FOR THE OWNERS OF THE FORMER ULMAN THEATER PROPERTY TO ESTABLISH A GARDEN AND OUTDOOR CENTER ON THE PROPERTY

 

WHEREAS, on May 24, 2004 the City Council entered into a Disposition Contract with Randolph J. and Anne P. Taylor in conjunction with the sale of a parcel of land on West Main Street in Salisbury also known as the Ulman Theater property; and

 

WHEREAS, under the terms of this Disposition Contract, the Taylors were given until June 30, 2004 to construct a garden and outdoor center on this property; and 

 

WHEREAS, for a variety if reasons the Taylors were not able to meet this deadline and have not as of yet established such a center on the property; and

 

WHEREAS, the disposition agreement provides that, if the specified improvements are not completed in a timely manner, the City has the right to provide the owners with a 60 day notice, and, if the improvements are then not completed in a timely manner, the owner will be considered in default and the City will have the right to re-enter and take possession of the property; and

 

WHEREAS, on April 29, 2005 the City gave the Taylors the required notice that they had 60 days to establish a garden and outdoor center on this property or to be considered in default under the disposition agreement; and 

 

WHEREAS, the Taylors have requested that they be given an extension of nine months to complete the development of the garden and outdoor center:

 

NOW, THEREFORE, BE IT RESOLVED that the Salisbury City Council grants the Taylors an additional nine months to establish a garden and outdoors center on the property known as the Ulman Theater property;

 

AND, BE IT FURTHER RESOLVED that the additional nine months shall begin on the effective day of this resolution;

 

AND, BE IT FURTHER RESOLVED that if the Taylors are unable to establish the garden and outdoor center within the additional nine months granted by this resolution, the City may exercise its rights under the disposition agreement dated May 24, 2004.

 

THE ABOVE RESOLUTION was introduced and duly passed at a meeting of the Council of the City of Salisbury, Maryland held on ____ day of ___________, 2005 and is to become effective immediately upon adoption.

 

ATTEST:

 

 

_______________________________          __________________________________

Brenda J. Colegrove                                          Michael P. Dunn

CITY CLERK                                                  PRESIDENT, City Council

 

 

 

_______________________________

Barrie P. Tilghman

MAYOR, City of Salisbury