TC Resolution 22-07 Approving a Development Agreement with Legacy Mountain Development, LLC, for approximately 52 Community Housing Units at Tract Y and Approving Tax and Fee Waivers Pursuant to Chapter 3.14 of the Avon Municipal CodeA
Avon
COLORADO
RESOLUTION NO. 22-07
APPROVING A DEVELOPMENT AGREEMENT WITH LEGACY
MOUNTAIN DEVELOPMENT, LLC, FOR APPROXIMATELY 52
COMMUNITY HOUSING UNITS AT TRACT Y AND APPROVING TAX
AND FEE WAIVERS PURSUANT TO CHAPTER 3.14 OF THE AVON
MUNICIPAL CODE.
WHEREAS, Legacy Mountain Development, LLC, owns the real property described as Tract Y,
Avon, Colorado; and
WHEREAS, Chapter 3.14 of the Avon Municipal Code sets forth a process whereby the Avon
Town Council may waive or reduce certain fees related to the development of Community
Housing projects; and
WHEREAS, Legacy Mountain Development, LLC. intends to construct Community Housing
on Tract Y of approximately to 52 units ("Community Housing Project"); and
WHEREAS, Legacy Mountain Development, LLC submitted a written request to waive
applicable development related fees ("Waiver") for its Community Housings Project; and
WHEREAS, in exchange for the Waiver, Legacy Mountain Development, LLC has agreed the
terms and conditions of the Development Agreement attached hereto as Exhibit A; and
WHEREAS, the Development Agreement provides for, among other things, the execution of
deed restrictions for Community Housing for Eagle County employees; and
WHEREAS, the Development Agreement meets all the criteria of Section 3.14.030 of the Avon
Municipal Code; and
WHEREAS, the Avon Town Council finds that the construction of the Community Housing
Project will promote and support, benefit, and enhance the Avon community by providing
housing; and,
WHEREAS, the Avon Town Council finds that the promotion and support through the waiver
of sales tax on construction materials and fixtures delivered to the Community Housing Project
will promote the health, safety and general welfare of the Avon community.
NOW THEREFORE, the Town Council, hereby RESOLVES:
Section 1 The Town Council hereby finds the Waiver is necessary to promote Community
Housing that will meet the current and projected housing needs for the Avon community.
Resolution 22-07 Approving Development Agreement with Legacy Mountain Development
Page 1 of 2
Section 2 The Town Council hereby finds the public as a whole will benefit from the
Community Housing Project.
Section 3 The Town hereby grants a waiver of taxes and fees the Community Housing
Project, as detailed in the Development Agreement attached hereto as Exhibit A.
ADOPTED, 2022 by the AVON TOWN COUNCIL
By: Attest• :. S E A L I
Sarah Smith Hymes, Mayoll 5renda Torres, Town Clerk
Resolution 22-07 Approving Development Agreement with Legacy Mountain Development
Page 2 of 2
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE TOWN OF AVON
AND LEGACY MOUNTAIN DEVELOPMENT
THIS DEVELOPMENT AGREEMENT ("Agreement') is entered into as on 52022
("Effective Date") by and between the TOWN OF AVON, a Colorado home rule municipality
("Town"), and LEGACY MOUNTAIN DEVELOPMENT LLC, a Colorado limited liability
company ("Developer").
RECITALS
WHEREAS, Developer has a legal interest in certain real property known as Tract Y in Avon,
Colorado, as more particularly described on Exhibit A, and known as Parcel Number
("Property"); and
WHEREAS, Developer intends to construct a Community Housing Project which is intonded to
include approximately fifty-two (52) residential units on the Property ("Development'). Wherever
used in this Agreement, the term "Community Housing" means any residential dwelling unit that is
subject to either of the Deed Restrictions referenced in Section 8 of this Agreement, or otherwise
meets the definition of Community Housing under the Avon Municipal Code, Section 3.14.020, as
may be amended from time to time; and
WHEREAS, on January 12, 2021, after a duly noticed public hearing, the Town of Avon Town
Council approved the subdivision of the Property; and
WHEREAS, Developer intends to submit future development plans for consideration and approval
by the Town ("Development Approvals"); and
WHEREAS, the Town and Developer desire to set forth their rights and obligations with respect to
the Development in this Agreement; and
WHEREAS, the Town desires to make an initial appropriation of $600,000 to support the initial
construction of this Development and then define the conditions for additional appropriation of
funds in accordance with the terms described in this Agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained
herein, the parties hereto agree as follows:
TERMS
1. Recitals. The foregoing recitals are incorporated herein as material representations and
acknowledgments of the Parties.
2. Purposes. The purpose of this Agreement is to set forth the terms and conditions to be met
by the Developer with respect to the Development; and the Town providing Tax and Fee
Tract Y Development Agreement — DRAFT
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Waivers for the Development and down -payment assistance for purchasers of Community
Housing units within the Development. All terms and conditions contained herein are in
addition to all requirements of the Avon Municipal Code, contained therein, except where
specifically provided in this Agreement or a future Public Improvements Agreement. The
Developer agrees to bear all costs and responsibility for completion of the improvements
unless Town and Developer mutually agree in writing to another arrangement. This
Agreement is not executed for the benefit of materialmen, laborers, or others providing work,
services, or materials to the Property. The Developer and the Town agree to comply with all
terms and conditions contained in this Agreement.
3. Term. The Term of this Agreement shall run until December 31, 2033, except that the
Town's obligation to provide funding pursuant to the terms of Section 7 of this agreement
shall run until December 31, 2025. The intent is to appropriate additional funds and establish
new timeframes for additional construction if the initial construction of six (6) Community
Housing units is successful in accordance with the terms and timeframes set forth in Section
7. Town and Developer agree to negotiate additional appropriations and timeframes for
1 additional construction under Section 7 in good faith.! Notwithstanding the foregoing, the
Town shall have the right to not approve an extension of additional funding similar to that
provided in Section 7 in its sole discretion if the initial construction of six (6) Community
Housing units is not completed in accordance with the terms and timeframes set forth in this
Agreement. Any extension of Section 7 may include designation of a minimum number of
additional Community Housing units and designated of a timeframe for Commencement of
Construction and Completion of Construction (as defined in 4.3 and 4.4 below) in the Town's
sole discretion. Extension of Section 7 shall be approved by Town by motion of the Avon
Town Council and shall be signed and executed as an amendment to this Agreement.
4. Developer Obligations. The Developer agrees to satisfy the following obligations with
respect to the Development and in order to qualify for the Tax and Fee Waiver outlined in
Section 4 below.
4.1. Compliance with and recordation of Subdivision Plat approved on January 12, 2021 via
Resolution No. 21-01.
4.2. Submit a complete Development Application for Community Housing for the first phase
of the Development by December 31, 2023.
4.3. All Community Housing units shall be subject to a deed restriction to be recorded prior
to any liens or mortgages on the unit as provided in Section 8 of this Agreement. Upon
recording of a deed restriction as provided in Section 8 against a Unit, the parties will
record a release of this Agreement with respect to that Unit.
4.4. Comply with all Town of Avon requirements regarding water rights dedications.
Developer shall secure such water rights as are necessary for completion of the
proposed 52-unit development prior to the recordation of the Subdivision Plat.
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4.5. Execute a Public Improvement Agreement ("PIA") prior to commencing any onsite
construction including infrastructure in the Town's usual and customary format and
terms, including but not limited to the requirements of Avon Municipal Code Section
7.32.100. The PIA shall address security and timing for public improvements necessary
to complete the development.
4.6. Formation of Association. The Developer shall form a common interest community
("Association") pursuant to the Colorado Common Interest Ownership Act (CRS §38-
33.3-101 et. seq.) prior to the issuance of a Temporary Certificate of Occupancy or
Certificate of Occupancy for the first building to be constructed within the Development
and prior to any occupancy thereof; provided, however, that in the event that the
Association has not been formed as required, the Developer shall be liable for all
obligations of the Association hereunder until such time as the Association is formed.
Until such time as the Developer no longer has the right to appoint a majority of the
executive board of the Association pursuant to State law, Developer shall remain liable
for all obligations of both the Developer and the Association pursuant to this
Agreement.
4.7. Association Deemed to be Developer. In addition to the rights and obligations of the
Association, as specifically stated in this Agreement, with respect to any Common Area
of the Development that is conveyed to the Association, except for any right of
Developer to a refund of any deposit or other monetary security held by Town
hereunder, the Association shall be deemed to be the Developer with respect to the
provisions, rights, and obligations of this Agreement, if any, that apply to the ongoing
use, ownership, maintenance or operation of that Common Area. The Association shall
not be deemed to be the Developer with respect to the provisions, rights, and obligations
of this Agreement to the extent that any portion of the Development remains subject to
development rights under the Association's Governing Documents. The provisions of
any other Section of this Agreement necessary to give effect to the Association's rights
and obligations under the foregoing Articles and Sections shall also be deemed to
control.
4.8. Approval of Governing Documents. Developer shall submit the Association Governing
Document for review and approval by the Town as to those matters described in this
Section 4 prior to recordation of the Association's Governing Documents. The
Association Governing Document shall include express permission that deed restrictions
for community housing purposes similar to the Town of Avon's iMi Casa! deed
restriction may be imposed and recorded on the Community Housing Units and any
additional residential units; provided, the imposition of such deed restriction upon any
additional residential units shall be subject to approval of the residential unit owner as
agreed upon by the subject residential unit owner prior to any imposition and
recordation of such deed restriction. The Town will respond to Association Governing
Document referral within fourteen (14) calendar days. The Association Governing
Documents shall be submitted to the Town prior to the issuance of a certificate of
occupancy or temporary certificate of occupancy, whichever is earlier, for Phase 1 of
the Development.
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4.9. Default by Developer or Association. Any failure of the Association Governing
Documents to contain and maintain the provisions required by this Agreement shall be a
default by the Association under this Agreement, and the Town shall be entitled as a
remedy therefor to obtain an order for reformation of the Association Governing
Documents so that they are in compliance with this Agreement.
4.10. Amendments to Association's Governing Documents. As to those matters described in
this Section 4, any future amendments to the Association Governing Documents shall
require the written consent of the Town.
4.11. Applicability to Future Phases of the Development. Developer shall be entitled to the
Tax and Fee Waiver described in Section 5, on the terms of Section 5, with respect to
any future phases of the Development so long as such phase is developed for
Community Housing and Developer has complied with this Section 4 with respect to the
first phase of the Development.
4.12. Landscaping. Developer agrgs to comply with the stricter of (1) Town's landscaping'
requirements as may be amended and adopted before the installation of landscaping; or,
(2) comply with landscaping requirements in any agreement to allocation water as
described in Section 6 below.
4.13. Net Zero Energy Consumption. Developer shall use best efforts to utilize and achieve
net zero energy consumption construction methods to the extent economically feasible.
5. Tax and Fee Waivers. The Town hereby grants a waiver of the Avon Real Estate Transfer
Tax for the transfer of title to any Community Housing Units from Developer to any
purchaser thereof, a waiver of the Avon Sales Tax applicable to the construction of all
Community Housing Units, a waiver of all Development Application Review fees related to
the Development (not including third party charges to the Town of Avon associated with
review of development applications), and a waiver of Building Permit fees for construction of
all Community Housing units (collectively the "Waivers").
5.1. The Sales Tax Waivers shall only apply to the purchase of construction materials and
fixtures delivered to the Development which are purchased for use in development of
Community Housing.
5.2. The Waivers shall initially be conditional and shall only become permanent upon
execution of a Deed Restriction by Developer and the Town for at least six (6)
Community Housing units Units in the first phase aDevelopment and recording of
the Deed Restrictions in the Eagle County Clerk and Recorders Office. For futtife
peffflanefit upon and to the extent of exeetitien of Deed Restr-ietians by Devele-pef and
t,To.,.,, f C,,,fntinit�, Housing Units in ftittire [change proposed by Town
Manager Heil]
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5.3. Developer shall provide records, receipts, and documentation to the Town of the
construction materials purchased on or prior to issuance of a Certificate of Occupancy
for each residence and shall maintain such records as required by Chapter 3.12 Sales
Tax of the Avon Municipal Code.
6. Water.
6.1. Water Rights. Town and Developer shall jointly and cooperatively request the allocation
of additional water necessary to serve the Development from the Upper Eagle Regional
Water Authority. The Town has 5.7 SFEs currently assigned to the Property, resulting in
a need for approximately 46.3 additional SFEs. Obtaining additional water rights
allocation is a condition of Development approval. The Developer shall be responsible
for that cost.
6.2. Water Tap Fee Credit or Reimbursement. The Town agrees to allow the Avon Water
Tap fee to be applied to the cost of water line extension and improvements as authorized
by Avon Municipal Code Section 3.14.070, provided that only the portion and cost of
water line extension and improvement which is identified and required in the PIA shall
be eligible for credit or reimbursement. The Town shall make reimbursement payments
to Developer within thirty (30) days after receipt by Town of payment by Developer of
such water tap fees.
7. Town Obligations. The Town agrees to make funds available to assist individuals with the
purchase of residences on the Property in accordance with the following:
7.1. The Town shall only be committed to make funds available if Developer satisfies the
following obligations with respect to the Development:
(a) Developer must commence construction of at least six (6) Community Housing
units in the first phase of the Development by December 31, 2024. "Commence
construction" is defined as submitting all information required for a building
permit application, review and approval by the Town of such building permit
application (which approval shall not be unreasonably withheld or delayed), and
actual commencement of grading and foundation work.
(b) Developer must Complete Construction of at least six (6) Community Housing
units by December 31, 2025. "Compete Construction" is defined as completion of
physical construction and receipt of a final Certificate of Occupancy. A
Temporary Certificate of Occupancy does not meet the definition of Complete
Construction.
7.2. For purchasing individuals, the[change requested by Councilor Underwood] Town shall
use the eligibility criteria set forth in the Town of Avon iMi Casa Avon! program, as
may be amended from time to time by the Town in its sole discretion.
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7.3. Funds shall only be provided for the purchase of Community Housing deed restrictions
for qualified buyers that meet the iMi Casa Avon! eligibility criteria upon execution of
the Buyer -Occupant [change requested by Councilor Underwood]Deed Restriction.
7.4. The amount of funds available for eligible purchasers of[change requested by Councilor
Underwood] each residential unit under this Section 7[change requested by Councilor
Underwood] shall be limited to 12% of the purchase price or appraised value
(whichever is less) and shall not exceed a maximum amount of $100,000 per residence.
Council may revise the percentage fund terms or the maximum amount per unit in its
sole discretion on the same basis as the Town may revise the iMi Casa Avon! Program
terms.
7.5. Under this Section 7, T4--the[change requested by Councilor Underwood] Town intends
to provide funds for the full D_evelopment in an amount not to exceed $1.7 million.
Town shall appropriate an initial amount of $600,000 for six (6) Units of Community
Housing in the first phase of the Development, which shall be available in accordance
with the terms of this Agreement. The remaining $1.1 million funds $hall be subject to
annual budget and appropriation by the Avon Town Council. The Avon Town Council
may revise, increase, reduce, or rescind its commitment of the $1.1 million of funds in
its sole discretion.
7.6. The Town agrees to exercise reasonable good faith efforts to pursue partnership funding
contributions from other entities including but not limited to the Town of Vail and Eagle
County to match the Town's pledge of funds.
8. Community Housing Deed Restrictions.
8.1. Developer may elect to sell and convey residential units to qualified buyers that meet
the eligibility criteria of iMi Casa Avon! and receive funds from the Town subject to a
Community Housing Deed Restriction that is executed and recorded which shall be
substantially in the form attached hereto as EXHIBIT B: BUYER -OCCUPANT DEED
RESTRICTION; or,
8.2. Developer, may elect to use residential units for occupants that meet the definition of
Eagle County Employee or convey to a third party with a deed restriction that restricts
use and occupancy of the residential unit to is an Eagle County Employee subject to a
Community Housing Deed Restriction that is executed and recorded prior to occupancy
and upon conveyance to a third party, which is substantially in the form attached hereto
as EXHIBIT C: EAGLE COUNTY EMPLOYEE DEED RESTRICTION. No funds
shall be provided by the Town as a condition of executing and recording the Eagle
County Employee Deed Restriction on such residential units. The tax and fee waivers
set forth in Section 5 shall be the only consideration for the obligation of Developer to
execute and record the Eagle County Employee Deed Restriction. The execution and
recording of the Eagle County Employee Deed Restriction shall be a condition to the
use and occupancy of such residential units.
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9. Vested Rights. In accordance with and subject to the provisions of C.R.S. §24-68-101 et.
seq., Developer shall have the vested right to develop the Development pursuant to the
Development Approvals once they are obtained. This Agreement shall not preclude the
application to Developer of changes in laws, regulations, plans, or policies, to the extent that
such changes are specifically mandated and required by changes in state or federal laws or
regulations. In the event changes in the law prevent or preclude compliance with one or more
provisions of this Agreement, such provisions of the Agreement shall be modified or
suspended, or performance thereof delayed, as may be necessary to comply with the law and
according to the Town's terms. In the event of a change of law, the Developer and Town shall
take action as may be reasonably required in good faith to meet the intent of this Agreement.
10. Permitted Uses.
10.1. During the Term of this Agreement the use of any portion of the Development for which
Tax and Fee Waivers have been provided by the Town shall be restricted to Community
Housing subject to a Deed Restriction approved by the Town as described in this
Agreement and as described in the Avon Municipal Code.
10.2. The permitted density and intensity of use of the Development, the maximum height,
bulk and size of the proposed building, and the location of public improvements and
public utilities, and other terms and conditions of development applicable to the
Development shall be as set forth in the Development Plan and SIA approved by the
Town. Nothing contained in this Agreement requires the Town to approve the
Development and the processing of the Development Plan and SIA shall occur as with
any other development application.
10.3. In the event that this Agreement is terminated, the permitted use of the property shall be
governed by the underlying zoning in effect and as may be amended from time to time,
provided that the Developer, as owner of the Property, shall be required to reimburse
Town for any and all Tax and Fee Waivers for that portion of the Property which was
not developed as Community Housing. Reimbursement of any and all Tax and Fee
Waivers that are due shall be a condition of the Town accepting any development
application or building permit for any use after termination of this Agreement. This
provision shall be a covenant that runs with the land for the benefit of the Town and
shall survive termination of this Agreement.
11. Default; Termination. Any failure by either party to perform any term or provision of this
Agreement, which failure continues uncured for a period of thirty (30) days following written
notice of such failure from the other party, unless such period is extended by written mutual
consent, shall constitute a default under this Agreement. Any notice given pursuant to the
preceding sentence shall specify the nature of the alleged failure and, where appropriate, the
manner in which said failure satisfactorily may be cured. If the nature of the alleged failure is
such that it cannot reasonably be cured within such thirty (30) day period, then the
commencement of the cure within such time period, and the diligent prosecution to
completion of the cure thereafter, shall be deemed to be a cure within such thirty (30) day
period. Upon the occurrence of a default under this Agreement, the non -defaulting party may
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take action pursuant to the Code or institute legal proceedings to enforce the terms of this
Agreement. If the default is cured, then no default shall exist and the noticing Party shall take
no further action.
Notwithstanding anything to the contrary contained herein, neither Party shall be deemed to
be in default where delays in performance or failures to perform are due to, and a necessary
outcome of war, a pandemic for which a disaster emergency is declared by the Governor,
insurrection, strikes or other labor disturbances, walk -outs, riots, floods, earthquakes, fires,
casualties, acts of God, restrictions imposed or mandated by other governmental entities,
enactment of conflicting state or federal laws or regulations, new or supplemental
environmental regulations, or similar basis for excused performance which is not within the
reasonable control of the Party to be excused. Upon the request of either Party hereto, an
extension of time, including an extension of applicable contract dates, for such cause shall be
granted in writing for the period of the enforced delay, or longer as may be mutually agreed
upon.
12. Defense and Indemnity.
12.1. Developer's Actions. Developer shall hold harmless and indemnify Town and its elected
and appointed officers, agents, employees, and representatives from claims, costs, and
liabilities for any personal injury, death, or physical damage (including inverse
condemnation) which arises directly or indirectly, as a result of the construction of the
Development, or of operations performed under this Agreement, by Developer or by
Developer's contractors, subcontractors, agents or employees, whether such operations
were performed by Developer or any of Developer's contractors, subcontractors, or any
one or more persons directly or indirectly employed by, or acting as agent for,
Developer or any of Developer's contractors or subcontractors.
12.2. Town's Actions. Nothing in this section shall be construed to mean that Developer shall
indemnify or hold the Town or its elected and appointed representatives, officers, agents
and employees harmless from any claims of personal injury, death or property damage
arising from, or alleged to arise from any act or omission of the Town with regard to
improvements that have been offered for dedication and accepted by Town for
maintenance. Nothing contained herein is intended to nor shall be construed as a waiver
of the Town's governmental immunity under state or federal law.
13. No Agency, Joint Venture or Partnership. It is specifically understood and agreed to by
and between the parties that: (1) the subject Development is a private development; (2) the
Town has no interest or responsibilities for, or due to, third parties concerning any
improvements until such time, and only until such time, that the Town accepts the same
pursuant to the provisions of this Agreement or in connection with the Development
Approvals (as defined in the Recitals above); (3) Developer shall have full power over and
exclusive control of construction of the Development on the Property subject to the approvals
and Conditions of Approval of the Town; and (4) the Town and Developer hereby renounce
the existence of any form of agency relationship, joint venture or partnership between Town
and Developer and agree that nothing contained herein or in any document executed in
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connection herewith shall be construed as creating any such relationship between Town and
Developer.
14. Miscellaneous Provisions.
14.1. Assignment. This Agreement may not be assigned by the Developer to any party that
does not take title to the Development without the prior written consent of the Town,
which consent shall not be unreasonably withheld, conditioned, or delayed. In the
event the Developer desires to assign its rights and obligations herein, it shall so notify
the Town in writing together with the proposed assignee's written agreement to be
bound by the terms and conditions contained herein.
14.2. Waiver of Defects. In executing this Agreement, the Developer waives all objections
it may have concerning defects, if any, in the formalities whereby it is executed, or
concerning the power of the Town to impose conditions on the Developer as set forth
herein, and concerning the procedure, substance, and form of the ordinances or
resolutions adopting this Agreement.
14.3. Amendments. This Agreement shall not be amended, except by subsequent written
agreement of the Parties.
14.4. Release of Liability. It is expressly understood that the Town cannot be legally bound
by the representations of any of its officers or agents or their designees except in
accordance with the Town of Avon Municipal Code and Ordinances and the laws of
the State of Colorado, and that the Developer, when dealing with the Town, acts at its
own risk as to any representation or undertaking by the Town officers or agents or
their designees which is subsequently held unlawful by a court of law.
14.5. Captions. The captions in this Agreement are inserted only for the purpose of
convenient reference and in no way define, limit, or prescribe the scope or intent of
this Agreement or any part hereof.
14.6. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the
Parties and their respective heirs, successors, and assigns.
14.7. Invalid Provision. If any provisions of this Agreement shall be determined to be void
by any court of competent jurisdiction, then such determination shall not affect any
other provision hereof, all of which other provisions shall remain in full force and
effect. It is the intention of the parties hereto that, if any provision of this Agreement
is capable of two constructions, one of which would render the provision void, and the
other of which would render the provision valid, then the provision shall have the
meaning which renders it valid.
14.8. Governing Law. The laws of the State of Colorado shall govern the validity,
performance, and enforcement of this Agreement. Should either party institute legal
suit or action for enforcement of any obligation contained herein, it is agreed that the
venue of such suit or action shall be in Eagle County, Colorado.
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14.9. Attorneys' Fees, Survival. Should this Agreement become the subject of litigation,
each party shall be responsible for its own costs and attorneys' fees, with the
exception that each party may seek attorneys' fees for frivolous claims as allowed
under Colorado rules of civil procedure.
14.10. Authority. Each person signing this Agreement represents and warrants that he is fully
authorized to enter into and execute this Agreement, and to bind the Party it represents
to the terms and conditions hereof.
14.11. Counterparts. This Agreement may be executed in counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall be deemed one
and the same instrument.
14.12. Notice. All notices required under this Agreement shall be in writing and shall be
hand -delivered or sent by registered or certified mail, return receipt requested, postage
prepaid, to the addresses of the parties herein set forth, or sent by email to the email
addresses stated below. All noti0s so given shall be considered effective 72 hours
after deposit in the United States mail with the proper address as set forth below.
Email notices shall be deemed received on the date that the recipient acknowledges
receipt. Party by notice so given may change the address to which future notices shall
be sent.
Notice to Town: Town of Avon
Attn: Town Manager
P.O. Box 975
Avon, CO 81620
Telephone: 970-748-4004
Email: townmanager&avon.org
And: Town of Avon
Attn: Town Attorney
P.O. Box 975
Avon, CO 81620
Telephone: 970-748-4001
Email: townattorney_kavon.org
If to Developer: Legacy Mountain Development
Telephone:
Email:
14.13. Construction. Each reference in this Agreement to any of the Development Approvals
shall be deemed to refer to the Development Approval as it may be amended from time
to time pursuant to the provisions of this Agreement, whether or not the particular
reference refers to such possible amendment.
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14.14. Covenants Running with the Land. All of the provisions contained in this Agreement
constitute covenants running with the land. Each covenant herein to act or refrain from
acting is for the benefit of or a burden upon the Property.
[SIGNATURE PAGE FOLL0WSJ
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IN WITNESS WHEREOF, this Agreement has been entered into by and between the Town and
Developer as of the date and year first above written.
TOWN OF AVON
By: Sarah Smith Hymes, Mayor
APPROVED AS TO FOR:
Karl J. Hanlon, Town Attorney
DEVELOPER:
STATE OF COLORADO
ss.
COUNTY OF
Attest: Brenda Torres, Town Clerk
The foregoing Development Agreement was acknowledged before me this
2022 by , as
Developer of the property
Witness my hand and official seal.\
My commission expires:
Notary Public
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day of
of