TC Ord. No. 2017-17 Approving a Vested Rights Extension for Lot 1, Riverfront Village SubdivisionTOWN OF AVON, COLORADO
ORDINANCE 17-17
AMENDING THE AMENDED AND RESTATED DEVELOPMENT AGREEMENT
FOR THE CONFLUENCE TO EXTEND THE VESTED PROPERTY RIGHTS FOR
LOTS 1, RIVERFRONT SUBDIVISION
WHEREAS, the Town of Avon ("Town") is a home rule authority municipal corporation and
body politic organized under the laws of the State of Colorado and possessing the maximum
powers, authority and privileges to which it is entitled under Colorado law; and
WHEREAS, Points of Colorado, Inc. ("Applicant" and "Owner") has submitted a Vested
Property Rights Application ("Vested Rights Application") to amend the term of vesting outlined
in the Amended and Restated Development Agreement for the Confluence approved by Ordinance
16-03 ("Development Agreement"), currently set to expire March 14, 2018; and
WHEREAS, the Vested Rights Application amends Section 2.2. of the Development
Agreement to extend the expiration date for an additional three (3) years to then expire March 14,
2021; and
WHEREAS, pursuant to Avon Municipal Code §7.16.140(f), Extension of Vested Property
Rights, the Town Council finds the Vested Rights Application eligible for consideration since the
Application was submitted at least six (6) months prior to the expiration of the Vested Property
Rights approved by Ordinance 16-03; and
WHEREAS, the Town Council of the Town of Avon held public hearings on November 14,
2017 and December 12, 2017 after posting notice of such hearings in accordance with the
requirements of Section 7.16.020(d), Step 4: Notice, Avon Municipal Code, and considered all
comments provided before acting; and
WHEREAS, the Town Council finding that the Application meets the review required by
Avon Municipal Code §7.16.020(g)(3), including the following specific findings:
1) Property values and the real estate market experienced a significant downturn for several
years, commencing locally in early 2009 and continuing for several years during the initial
vested rights period and market conditions for the construction of new multi -family
residential product have improved only recently; and,
2) There have been no changes to the Avon Comprehensive Plan or other community planning
documents that affect the Project as originally approved in 2006; therefore, the project
continues to comply with the Avon Comprehensive Plan and other community planning
documents; and,
Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD
December 12, 2017 — SECOND READING Page 1 of 3
3) The Project has provided public amenities through the dedication of land for the Eagle river
path, water rights dedications, river path construction, landscaping improvements, and
employee housing mitigation; and,
4) The extended duration of the vested property rights for an additional three (3) years is
reasonable considering the local, state and national economic recovery and local market
conditions for new construction of a timeshare development.
WHEREAS, approval of this Ordinance on first reading is intended only to confirm that the
Town Council desires to comply with state law, the Avon home rule charter and the Avon
Development Code by setting a public hearing in order to provide the public an opportunity to
present testimony and evidence regarding the application and that approval of this Ordinance on
first reading does not constitute a representation that the Town Council, or any member of the
Town Council, supports, approves, rejects, or denies the proposed zoning or other matters in this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF
AVON, COLORADO, the follow
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Riverfront Development Agreement Amendment. The Amendment to the
Amended and Restated Development Agreement: The Confluence, attached hereto as Exhibit A is
hereby approved. The Mayor and Town Clerk are authorized to execute the Amendment to the
Amended and Restated Development Agreement: The Confluence.
Section 3. Recording. The Town Clerk shall cause the fully executed Amendment to the
Amended and Restated Development Agreement: The Confluence and the Development
Agreement Amendment and the amended Riverfront Subdivision PUD Development Plan to be
recorded at the Eagle County Clerk and Recorder's Office.
Section 4. Correction of Errors. Town Staff is authorized to insert proper dates, references
to recording information and make similar changes, and to correct any typographical, grammatical,
cross-reference, or other errors which may be discovered in any documents associated with this
Ordinance and documents approved by this Ordinance provided that such corrections do not
change the substantive terms and provisions of such documents.
Section 5. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without the
invalid provision or application, and to this end the provisions of this Ordinance are declared to be
severable. The Town Council hereby declares that it would have passed this Ordinance and each
provision thereof, even though any one of the provisions might be declared unconstitutional or
invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD
December 12, 2017 — SECOND READING Page 2 of 3
includes an application of an ordinance or any part thereof, whether considered or construed alone
or together with another ordinance or ordinances, or part thereof, of the Town.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 7. Safety Clause. The Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and welfare.
The Council further determines that the Ordinance bears a rational relation to the proper legislative
object sought to be obtained.
Section 8. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on November 14, 2017 and setting such public hearing for December 12, 2017 at the
Council Chambers of the Avon Municipal Building, located at One Lake Street, Avon, Colorado.
B ATTEST:
Jennie Fancher, Mayor Debbie Hoppe, Town Clerk
ADOPTED ON SECOND AND FINAL READING on December 12, 2017.
B
rinie Fancher, Mayor
APPROVED AS TO FORM -
Eric J.Wil, Town Attorney
ATTEST:
Debbie Hoppe, To�vd Clerk
Ord. 17-16 Amending Confluence Development Agreement and Riverfront PUD
December 12, 2017 — SECOND READING Page 3 of 3
EXHIBIT A:
AMENDMENT TO AMENDED AND RESTATED DEVELOPMENT AGREEMENT The
Confluence
THIS AMENDMENT to the Amended and Restated Development Agreement The
Confluence, dated March 14, 2006, ("Amendment") is made and entered into on December 12,
2017, by and between East West Resort Development XIV, L.P., L.L.L.P. ("Owner") and the
Town of Avon, a Colorado home rule municipal corporation ("Town").
WHEREAS, the Owner applied to the Town for an extension of the vested property rights for
Lots 4-7, Riverfront Subdivision, which the Avon Town Council approved by Ordinance 17-16
on December 12, 2017.
NOW, THEREFORE, in consideration of the foregoing and the terms in this Amendment, and
other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, Owner and Town agree as follows:
1. Section 2.2 Term is hereby amended to add the following language,
"Notwithstanding the foregoing, Owner and the Town agree that the Term of this
Agreement and the vested property rights established under this Agreement shall
continue until March 18, 2021 for Lots 4, 5, 6 and 7, Riverfront Subdivision."
2. All other terms of the Agreement shall remain the same.
[SIGNATURE PAGES FOLLOW]
Amendment to Amended and Restated Development Agreement: The Confluence
Page 1 of 3
OWNER:
East West Resort Development XIV, L.P., L.L.L.P., a Delaware limited partnership registered as
a limited liability limited partnership
Its: Manager
By: HF Holding Corp., a Colorado corporation
Its: General Partner
Name:
Title:
STATE OF )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this
2017, by
,a
Witness my hand and official seal.
My commission expires:
Notary Public
day of
as of
Amendment to Amended and Restated Development Agreement: The Confluence
Page 2 of 3
M 10811y0
TOWN OF AVON, a olorado home rule municipal corporation
By: �, �' Attest:
J�fee Fancher, Mayor Debbie Hoppe, To n ler
STATE OF COLORADO )
ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on 0V,(LnbA,1' 1 ?) , 2017, by
Jennie Fancher, as Mayor of the Town of Avon, and Debbie Hoppe, as Town Clerk of the Town
of Avon.
Witness my hand and official seal.
My commission expires: LC) 2 2b
Notary Public
BRENDA ELIZABETH TORRES DIAZ
NOTARY PUBLIC
N STATE OF COLORADO
NOTARY ID 20121234567
My Commission Expires October 12, 2020
Amendment to Amended and Restated Development Agreement: The Confluence
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