TC Council Packet 10-09-2001Town Council Meetings
Roll Call Check Sheet
Michael Brown
Debbie Buckley
Peter Buckley
Rick Cuny
Mac McDevitt
Buz Reynolds
Judy Yoder
II/ I \?
Date: 10/9/01
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Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for
meeting roll call or to break a tie vote.
Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt,
D. Buckley, Brown
Staff Present:
V Bill Efting
Larry Brooks
? Burt Levin
? Kris Nash
Jacquie Halburnt
Scott Wright
Jeff Layman ? Ruth Borne
?- Norm Wood Other Staff
Meryl Jacobs
Bob Reed
Harry Taylor ?`
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, WILL BE HELD OCTOBER 9, 2001, AT
11:00 AM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON,
COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE
FOLLOWING:
(Lunch will be Served)
11:00 AM -1:00 PM 1.) Joint Meeting with Planning & Zoning
a.) Employee Housing Design
(Break)
3:00 PM - 3:15 PM 2
Financial Matters (Executive Session)
3:15 PM - 4:15 PM
3.) l
Beaver Creek Landing Presentation ?'1 }
(Confluence) (Jonathan Greene)
4:15 PM - 4:30 PM 4) Eagle River Bike Path to Confluence/Present Plans
(Norm Wood)
4:30 PM - 5:00 PM 5.) Village at Avon Discussion (Larry Brooks)
Annexation & Development Agreement
Amendment No. 1
5:00 PM - 5:15 PM 6.) Staff Updates
Consent Agenda Questions
Council Committee Updates
AND SUCH OTHER BUSINESS AS MAY COME BE
/FORE THE COUNCIL
THIS MEETING IS OPEN TO THE PUBLIC r
TO F AVON, COLORADO
BY:
en Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON
ON OCTOBER 5, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN TBE MAIN LOBBY
• Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer
Ruth Borne, Director of Community Development5%4-c..
Date October 4, 2001
Re: First Amendment to Annexation and Development Agreement between
Traer Creek LLC ("Traer), EMD Limited Liability Company ("EMD',
Traer Creek Metropolitan District and the Town of Avon
Summary: The purpose of this memo is to outline the changes from the original
Annexation and Development Agreement ("Original Agreement") dated October 13,
1998 and the proposed First Amendment to Annexation and Development
Agreement ("First Amendment") for the Village at Avon. The document is being
revised to reflect the different development scenarios that have occurred.
In any areas where the First Amendment is not modifying the Original Agreement,
then the Original Agreement will remain in force and effect.
Parties to the Agreement: The Original Agreement was between EMD Limited
Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC, PVRT NOTT III LLC,
collectively known as the Owner and the Town of Avon. The First Amendment
indicates that the other entities were merged into EMD Limited Liability Company,
which has become the sole Owner.
In addition, EMD has specifically granted the right to Traer Creek LLC ("Traer") to
amend the Original Agreement as to all of the Property with the exception of Planning
Area M, which is comprised of approximately 47 acres for regional commercial
development.
Traer Creek Metropolitan District has been created to finance and construct
infrastructure improvements, including public facilities consistent with the terms of the
Original Agreement. All references to the term District shall now be construed to
apply to Traer Creek Metropolitan District.
PUD Development Plan: The Original Agreement referred to the Sketch/PUD
Development Plan dated October 9, 1998, which has been amended by PUD
Development Plan Administrative Amendment No. 1 to indicate the appropriate street
alignments and planning areas. The First Amendment appropriately references the
changes to the PUD.
1-70 Improvements: The Original Agreement, Section 4.2 required the 1-70
Interchange to be completed within four (4) years after the date of either the issuance
of the first building permit for construction or six (6) months after date of Final
Approval, whichever occurred first. That date was April 13, 2003.
The First Amendment requires the Traer Creek Metropolitan District ("District") to
complete construction of the 1-70 improvements by June 15, 2003, which is now
referred to as "Interstate 70 Completion Date".
Both the Original Agreement and the First Amendment require the District to provide
CDOT with security in the form of a completion bond or in such other form acceptable
to CDOT to ensure that adequate funds are available for completion of the 1-70
Interchange. Both agreements also require quarterly reports of the status of the
permitting process be provided to the Town.
The Original Agreement further permitted the Owner to complete construction of up
to 40% of the dwelling units and 40% (260,00 square feet) of the commercial space
prior to completing construction of the 1-70 Interchange.
The First Amendment allows the Owner to receive building permits for 40% of the
dwelling units and 315,000 square feet of commercial space until the Interstate 70
Completion date of June 15, 2003. No certificate of occupancy will be issued for
commercial space in excess of 260,000 sq. ft. if construction for the 1-70
Improvements has not commenced.
East Beaver Creek Boulevard Improvements: The First Amendment has broken
down the East Beaver Creek Boulevard Improvements into phases. The phasing of
the improvements was not addressed in the Original Agreement.
Phase 1 consists of a temporary (non-public) service road for construction traffic only
which will connect at the Highway 6 Connector Road. The Phase 1 improvements
should be completed prior to vertical construction in Planning Areas K and L (big box
pad sites).
Phase 2 Improvements consist of paving the two-lane temporary road and
connecting a paved temporary road to Chapel Place. The Phase 2 improvements
should be completed no later that the issuance of the first certificate of occupancy for
Planning Areas K and L.
Phase 3 Improvements include constructing a two-lane road and streetscape
improvements to connect Beaver Creek Place and East Beaver Creek Boulevard
consistent with the Town's East Beaver Creek Streetscape Improvements Plans.
The District must commence these improvements by April 15, 2005 and complete by
December 31, 2005. The Phase 3 Improvements must be completed earlier in the
event there is any further subdivision in Planning Areas A-F.
Phase 4 Improvements shall consist of converting the Phase 2 improvements to
permanent roads.
I]
X Page 2
Swift Gulch Road Improvements: The Original Agreement allowed for a one
lane gravel or paved road until the 1-70 Interchange was completed. After the
Interstate 70 Improvements were substantially completed, then the Council could
notify the Owner that the road be either an emergency access road or a two-lane
paved general circulation road. There is no language regarding reimbursement
for any of these costs.
The First Amendment requires the Swift Gulch Road Improvements be completed at
the time of completion of the 1-70 Improvements which include a two lane paved
general circulation road with either six (6"0") wide paved shoulders on each side or a
separated ten (1 OV) wide paved bike/pedestrian path one side of the road. The
Town is required to reimburse the District for the cost of the paved shoulder upon
receipt of proper documentation.
Public Works Site: The Original Agreement required the Owner or the District to
convey when required for use by the Town up to three (3) parcels resulting in an
aggregate of four (4) buildable acres south of 1-70 for a public works facility and fire
station site. No single parcel was greater than two (2) buildable acres. The First
Amendment requires the District to convey the public works site, which is four (4)
total acres and known as Lot 5, Filing 1 within thirty days after issuance of the first
certificate of occupancy for any improvements within Planning Areas K and L.
Fire Station and Fire Protection: The First Amendment references the creation of
the Eagle River Fire Protection District ("ERFPD") and recognizes that the District is
no longer liable to the Town for fire protection services. ERFPD will also receive one
acre for fire station facilities in addition to the 4-acre Public Works site.
Security of Bond Issue Proceeds for 1-70 Interchange: The Original Agreement
required an IGA between the Town, the Owner, and CDOT to ensure completion of
the 1-70 Interchange. The First Amendment does not require an IGA but does
continue to require adequate assurance of the bond proceeds to cover the 1-70
Interchange improvements. The assurances include a construction performance
completion bond for the contractor for labor and materials; the sale of bonds will go
into escrow and administered by CDOT; and there is a liquidated damages clause in
the event work on the 1-70 Improvements is not satisfactorily completed within the
contract time.
Collection of Delinquent Fees: According to the First Amendment, the Public
Improvement Company may request the Town to assess delinquent Project Fees
(tax, interest, penalties and costs). The Town retains the costs for enforcing the
collection of taxes as well as an administrative fee equal to 20%. This provision was
not addressed in the Original Agreement.
Retail Sales Fee, Real Estate Transfer Fee and Accommodation/Lodging Fee:
This provision has been amended to allow for the portion of proceeds of Retail Sales
Fee, Real Estate Transfer Fee and Accommodation/Lodging Fee which is equal to
X Page 3
the Town tax to be pledged to District(s). Any portion of such fees that exceed the
Town tax will be remitted to the Public Improvement Company for payment of
infrastructure and public facilities. Initially the proceeds were only remitted to one or
more of the Districts.
Use Tax/Fee: The First Amendment now incorporates a provision, which
accommodates the possibility of imposing a use tax or fee.
Indemnity for Lost Tax Revenues for Wal-Mart and City Market: The First
Amendment clarifies the Original Agreement to protect the Town in the event either
City Market or Wal Mart, an affiliate, parent or subsidiary of these companies
relocates to the Village. The sales tax revenue is lost if either Wal Mart or City
Market relocates to a location other than the Village.
Attachment: First Amendment to Annexation and Development Agreement
E
11
X Page 4
FIRST AMENDMENT
TO ANNEXATION AND DEVELOPMENT AGREEMENT
This FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT
AGREEMENT (this "First Amendment") is made as of , 2001, by and
between TRAER CREEK LLC, a Colorado limited liability company ("Traer"), EMD LIMITED
LIABILITY COMPANY, a Colorado limited liability company ("EMD' ), TRAER CREEK
METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the
State of Colorado (the "District'), and the TOWN OF AVON, a municipal corporation of the
State of Colorado (the "Town").
RECITALS
A. The Town previously executed that certain Annexation and Development
Agreement dated as of October 13, 1998, and recorded in the Eagle County, Colorado, real
property records at Reception No. 677743 on November 25, 1998 (the "Original Agreement").
The Original Agreement pertains to certain real property generally known as The Village (at
Avon) and more particularly described in Exhibit A attached to the Original Agreement (the
"Property). The Property was then owned by EMD, PVRT NOTT I LLC, PVRT NOTT II LLC
and PVRT NOTT III LLC (the "Original Parties"), each of which was a signatory of the Original
Agreement and which, collectively, constituted the "Owner" as that term was used in the
Original Agreement. Subsequently, the other entities comprising the original "Owner" were
merged into EMD, which became the sole "Owner" as that term is used in the Original
Agreement.
B. Pursuant to Section 1.4 of the Original Agreement, EMD has specifically granted
to Traer, in writing, the right to amend the Original Agreement as to all of the Property except
Planning Area M, with respect to which EMD retains the right to amend the Original Agreement.
C. The District has been formed in order to finance and construct certain
infrastructure improvements and to perform certain other obligations of the Owner under the
Original Agreement. Pursuant to Sections 4.4 and 6.9 of the Original Agreement, the District
wishes to execute and be a party to this First Amendment in order to assume in writing certain
obligations of the Owner under the Original Agreement.
D. The Town, Traer, EMD and the District desire to modify certain terms and
conditions of the Original Agreement as set forth in this First Amendment.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and the mutual covenants
and agreements of the Town, Traer, EMD and the District, as more particularly set forth herein,
and in consideration of other good and valuable consideration the receipt and sufficiency of
which is hereby acknowledged, the Town, Traer, EMD and the District covenant and agree as
follows:
492674.12 MLAYER 10/4/01 &04 AM
1. Defined Terms. Unless otherwise defined in this First Amendment, capitalized
terms used herein shall have the meanings ascribed to them in the Original Agreement.
2. Amendments. The Original Agreement is hereby modified as follows:
(a) Section 1.1.10 is amended and restated to read in its entirety as follows:
District: The Traer Creek Metropolitan District, a quasi-municipal
corporation and political subdivision of the State of Colorado, which is one of the Special
Districts referred to in Section 4.4. All references to the term "Districts," or to the phrase
"one or more of the Districts," shall be construed as a reference to the Traer Creek
Metropolitan District.
(b) A new Section 1.1.14(a) is inserted to read in its entirety as follows:
EMD: EMD Limited Liability Company, a Colorado limited liability
company.
(c) Section 1. 1.26 is amended and restated to read in its entirety as follows:
Owner: Collectively, EMD, Traer and their respective successors and
With respect to those obligations of Owner which the District has expressly
ns
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a
dertaken and assumed pursuant to Sections 4.4 and 6.9, references to the term "Owner"
un
construed to be references to the District only, and not as references to EMD
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s
and/or Traer.
(d) A new Section 1.1.26(a) is inserted to read in its entirety as follows:
Phase 1 Improvements: As defined in Section 4.3(b)(i).
(e) A new Section 1.1.26(b) is inserted to read in its entirety as follows:
Phase 2 Improvements: As defined in Section 4.3(b)(ii).
(fl A new Section 1.1.26(c) is inserted to read in its entirety as follows:
Phase 3 Improvements: As defined in Section 4.3(b)(iii).
(g) A new Section 1.1.26(d) is inserted to read in its entirety as follows:
Phase 4 Improvements: As defined in Section 4.3(b)(iv).
(h) Section 1.1.32 is amended and restated to read in its entirety as follows:
Public Improvement Companies: As defined in Section 4.4.
492674.12 MIAYER 1014/01 8:04 AM 2
(i) A new Section 1.1.34(a) is inserted to read in its entirety as follows:
PUD Development Plan Administrative Amendment No. 1: As approved
by the Town on June _, 2001, the development plan for the Project which amends in its
entirety the Sketch/PUD Development Plan.
0) Section 1. 1.43 is amended and restated to read in its entirety as follows:
Sketch/PUD Development Plan: The Village (at Avon) PUD
Development/Sketch Plan for the Project, prepared by Peter Jamar Associates, Inc., and
submitted to the Town on July 10, 1998, as approved by the Town and as amended in its
entirety by the PUD Development Plan Administrative Amendment No. 1 and any
approved future amendments thereto. Unless the context clearly indicates otherwise, all
references to the term "Sketch/PUD Development Plan" shall be construed as a reference
to the PUD Development Plan Administrative Amendment No. 1 and any approved
future amendments thereto.
(k) A new Section 1.1.43(a) is inserted to read in its entirety as follows:
Special Districts: Traer Creek Metropolitan District and The Village
Metropolitan District.
(1) A new Section 1.1.48(a) is inserted to read in its entirety as follows:
0 Traer: Traer Creek LLC, a Colorado limited liability company.
(m) Section 4.2 is amended and restated to read in its entirety as follows:
4.2 I-70 Improvements and Development Limitations. The District
shall diligently pursue obtaining the necessary permits to facilitate the establishment and
construction of the Interstate 70 Improvements, consisting of (i) a full diamond
interchange on Interstate 70 (the "Interstate 70 Interchange") serving the proposed road
that will cross Interstate 70, as such road is depicted in the PUD Development Plan
Administrative Amendment No. 1, and (ii) a road designed, in accordance with the road
standards set forth in Section 1.5 of the PUD Guide, to connect the Interstate 70
Interchange to Highway 6 as depicted in the PUD Development Plan Administrative
Amendment No. 1 (the "Highway 6 Connector Road"), which Highway 6 Connector
Road shall include, subject to obtaining all required permits and approvals, a roundabout
at the intersection of Highway 6 and such Highway 6 Connector Road. The Town will
cooperate (without any obligation to incur any out-of-pocket expenses to third parties
that are not reimbursed by the District) with the District to cause completion of
construction of the Interstate 70 Improvements by a target date of June 15, 2003 (the
"Interstate 70 Completion Date"). At or prior to the time that CDOT so requires, the
District shall provide to CDOT security in the form of a completion bond or in such
other form acceptable to CDOT to ensure that adequate funds are available for
completion of the Interstate 70 Interchange. The District shall deliver to the Town
quarterly reports of the status of the permitting process. Development within the
492674.12 WAYM 10!4!61 8:04 AM 3
Property prior to completion of the Interstate 70 Improvements shall be subject to the
following provisions:
(a) Prior to the District completing construction of the
Interstate 70 Improvements, Owner shall be entitled to apply for and receive from the
Town building permits and certificates of occupancy for forty percent (40%) of the
Dwelling Units permitted under the Development Plan and three hundred fifteen
thousand (315,000) square feet of Commercial Space. If the Interstate 70 Improvements
are not completed by the Interstate 70 Completion Date, then the Town shall have no
obligation to issue building permits for development in excess of the foregoing numbers
after the Interstate 70 Completion Date until the Interstate 70 Improvements have been
completed. However, if the Town issues a building permit which, upon completion of
construction, will result in more than two hundred sixty thousand (260,000) square feet
of constructed Commercial Space, cumulatively, within the Property, then the District
shall have commenced construction of the Interstate 70 Interchange prior to the Town
being obligated to issue any certificate of occupancy which will result in the occupancy
of more than two hundred sixty thousand (260,000) square feet of constructed
Commercial Space, cumulatively, within the Property.
(b) Except as described in subparagraph (a) of this Section 4.2,
the Town shall have no obligation to issue building permits or certificates of occupancy
for Dwelling Units or Commercial Space until construction of the Interstate 70
Improvements is completed. If (A) construction of any Dwelling Units or Commercial
Space other than that described in subparagraph (a) of this Section 4.2 has been
commenced but has not been completed on the Interstate 70 Completion Date, and
(B) the Interstate 70 Improvements have not been completed by such Interstate 70
Completion Date, then, upon receiving written notice from the Town, the Owner shall
cease construction of such Dwelling Units or Commercial Space, as the case may be.
Notwithstanding the foregoing, upon written request of Owner, the Town may consent
to issue building permits in excess of the restrictions set forth above and permit
construction on projects in progress to continue to completion, and issue certificates of
occupancy, past the Interstate 70 Completion Date, which consent shall not be
unreasonably withheld or delayed.
(n) Section 4.3(b) is amended and restated to read in its entirety as follows:
(b) Subject to timely obtaining the necessary rights-of-way and
permits, the District shall cause East Beaver Creek Boulevard to be connected to the
western boundary of the Property and extended through the Property to the Highway 6
Connector Road (the "East Beaver Creek Boulevard Improvements"). The Town will
timely obtain and make available to the District all property and rights-of-way required
for the East Beaver Creek Boulevard Improvements and the out-of-pocket costs incurred
by the Town in purchasing or otherwise obtaining such property and rights-of-way shall
be reimbursed by the District. Construction of the East Beaver Creek Boulevard
Improvements shall occur in phases, as set forth below:
?J
492674.12 MLAYER 10/4/01 8:04 AM 4
(i) Phase I of the East Beaver Creek Boulevard Improvements
(the "Phase 1 Improvements") shall consist of the construction of a
temporary, non-public extension of an all-weather surface (dust free)
service road (portions of the paved surface of the abandoned airport
runway may be used) from the western boundary of the Property to the
Highway 6 Connector Road. Such extension shall be used for
construction traffic only, which construction traffic on the non-public
service road shall not be subject to the Town's ordinances pertaining to
vehicular weight restrictions. Construction traffic shall be subject to the
Town's ordinances pertaining to vehicular weight restrictions upon
issuance of the first certificate of occupancy (temporary or final) issued
for an improvement within Planning Areas K or L. Subject to the Town's
timely issuance of the requisite permits, the District shall employ
commercially reasonable efforts to cause completion of the Phase 1
Improvements prior to commencement of any vertical construction within
Planning Area K or Planning Area L.
(ii) Phase 2 of the East Beaver Creek Boulevard Improvements
(the "Phase 2 Improvements") shall consist of (A) converting the Phase 1
Improvements to a two (2) lane paved temporary surface, and (B) a
two (2) lane paved temporary surface connecting Chapel Place to the
Phase 1 Improvements. Subject to the Town's timely issuance of the
requisite permits, the District shall complete the Phase 2 Improvements by
not later than the date on which the Town issues the first certificate of
occupancy for Commercial Space within Planning Area K or Planning
Area L.
(iii) Phase 3 of the East Beaver Creek Boulevard Improvements
(the "Phase 3 Improvements") shall consist of the following improvements
to the segment of East Beaver Creek Boulevard between the western
terminus of Beaver Creek Place and the western boundary of The Village
(at Avon): (A) construction of a two-lane roadway with a third auxiliary
lane at intersections and access points; (B) streetscape improvements to
the segment between the western terminus and the eastern terminus of
Beaver Creek Place, which improvements shall be in general conformance
with the East Beaver Creek Boulevard Streetscape Improvement Plans
dated April 2000, prepared by Inter-Mountain Engineering, Ltd. for the
Town of Avon; and (C) streetscape improvements to the segment between
the eastern terminus of Beaver Creek Place and the western boundary of
The Village (at Avon), which improvements shall be in general
conformance with the streetscape improvements within Planning Area A.
Subject to the Town's timely issuance of the requisite permits, the District
shall commence the Phase 3 Improvements by April 15, 2005, and shall
employ commercially reasonable efforts to cause completion of the
Phase 3 Improvements on or before December 31, 2005; provided,
however, that in the event of an earlier re-subdivision of any area within
Planning Areas A through F, inclusive, within The Village (at Avon)
492674.12 MLAYER 10/4/01 8:04 AM 5
Filing No. 1, the District shall commence the Phase 3 Improvements by
April 15, and shall employ commercially reasonable efforts to cause
completion thereof by December 31, of the year immediately following
the recordation of any final subdivision plat which re-subdivides any such
area.
(iv) Phase 4 of the East Beaver Creek Boulevard Improvements
(the "Phase 4 Improvements") shall consist of converting the Phase 2
Improvements from temporary to permanent by the construction of (A) a
permanent extension from the east terminus of Beaver Creek Place to the
Highway 6 Connector Road in accordance with the road standards set
forth in Section 1.5 of the PUD Guide, and (B) final design and
construction of a connection to Chapel Place. The District shall cause the
Phase 4 Improvements to be commenced and completed in accordance
with the subdivision process involving Planning Areas A through J,
inclusive.
(o) Section 4.3(c) is amended and restated to read in its entirety as follows:
(c) Subject to all necessary permits and approvals having been
issued for the following described roadway improvements, which permits and approvals
the District shall diligently pursue, the District shall construct a two-lane paved general
circulation road with grades not exceeding ten percent (10%) and otherwise in
accordance with the road standards set forth in Section I-5 of the PUD Guide, which road
shall extend easterly from the point where Swift Gulch Road terminates in Planning Area
RMF-2 to the road designed to pass under Interstate 70 and serve Planning Areas RMF-1,
RMF-3 and Residential Lot 1 and Lots 6-96 (the "Swift Gulch Road Improvements").
The Swift Gulch Road Improvements shall be completed at the time of completion of the
Interstate 70 Improvements, and shall include six foot (6') wide paved shoulders on both
sides, or, in lieu thereof, if mutually agreed upon by the District and the Town, a ten foot
(10') wide paved bike / pedestrian path on one side of the road, which shall be separated
from the roadway. Within sixty (60) days after receipt of an itemized statement and
supporting documentation for such costs, the Town shall reimburse the District for the
full cost of paving the six foot wide shoulders, based on the unit cost of asphalt paving
for the Swift Gulch Road Improvements.
(p) Section 4.3(d) is amended and restated to read in its entirety as follows:
(d) Within thirty (30) days after the Town's issuance of the
first certificate of occupancy (temporary or final) for any improvement within Planning
Areas K or L, Owner shall convey to the Town a parcel of land which is described as
"Lot 5, The Village (at Avon) Filing 1" in the final plan submittal package which Owner
submitted to the Town on June , 2001. Upon Owner's determination of the
location and subsequent to the recordation of a final plat for the relevant Planning Area,
Owner shall convey to the Eagle River Fire Protection District a parcel of land to be used
exclusively for construction and operation of a fire protection facility, which shall consist
of approximately one buildable acre in a location designated by Owner, and which may
492674.12 MLAYM 10/4/01 8:04 AM 6
be located within Planning Area N or an "OS" or "P" Planning Area. The foregoing
dedications constitute, collectively, the "Public Works Dedication." Construction and
operation of the public works facility and the fire protection facility shall comply with the
terms of the Development Plan and architectural standards and design guidelines
established by the Design Review Board. In compliance with any such design guidelines,
but at least ninety (90) days prior to commencing construction of any improvements on
any such site or sites, the Town or the Eagle River Fire Protection District, as applicable,
shall deliver to the Design Review Board copies of plans for such improvements. Owner
or the District may at its sole option and at its sole expense, upgrade all or any portion of
the exteriors of such improvements.
(q) Section 4.3(j) is amended and restated to read in its entirety as follows:
0) The District shall include in its first bond issue proceeds of
no less than the amount reasonably estimated by the District to be the cost of constructing the
Interstate 70 Interchange, which proceeds shall be dedicated to paying the costs of constructing
such Interstate 70 Interchange. If, at the time of the District's first bond issue, it is not
reasonably anticipated by the District and the Town that the Interstate 70 Interchange will be
completed within three (3) years, the District may, with the approval of the Town, delay issuance
of the Interstate 70 Interchange portion of such issue to avoid adversely affecting the federal
income tax exemption of interest on the bonds, but only until such time as completion of the
Interstate 70 Interchange is reasonably anticipated by the District and the Town to occur within
three (3) years. Such bond proceeds shall be deposited into an escrow account to, among other
things, ensure to the Town that, if the District fails to apply such bond proceeds toward purchase
of a CDOT completion bond or as other security to CDOT as contemplated in Section 4.2, or
otherwise towards construction of the Interstate 70 Interchange, the Town will have access to
such proceeds for such purposes. The Town acknowledges, however, that if the District provides
to CDOT the completion bond or other security acceptable to CDOT with respect to completion
of the Interstate 70 Interchange as contemplated by the last sentence of Section 4.2, the District
shall have no obligation to also provide separate security to the Town with respect to completion
of the Interstate 70 Interchange.
(r) Section 4.4 is amended and restated to read in its entirety as follows:
4.4 Public Facilities. Owner has created two public improvement
companies having as members all property owners within the Project (collectively, the
"Public Improvement Companies") and two special districts (collectively, the "Special
Districts") to facilitate financing and development of the infrastructure improvements and
public facilities of the Project, including, without limitation, development of the road and
utility improvements contemplated by the Development Plan. Owner reserves the right
to create such additional public improvement companies and/or special districts as may
be necessary or desirable from time to time, and the Town shall reasonably cooperate
with Owner with respect to the creation of such additional entities. The formation
documents of the Public Improvement Companies and the Special Districts, together with
contracts entered into by and between the Public Improvement Companies and the
Special Districts, require the Public Improvement Companies and the Special Districts to
honor their obligations under this Agreement, including the obligation of the Public
492674.12 N"YER 10!4/01 8:04 AM 7
Improvement Companies to remit to the Special Districts the portion of the Project Fees
equal to the corresponding Town tax. Accordingly, the Public Improvement Companies
within the Property, the
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co
ng an
have established the mechanisms for impos
Project Fees as contemplated in Section 4.5. The District will provide public facilities
and services that the Town might otherwise have to provide, and has entered into
contractual arrangements with the Public Improvement Companies with respect to the
performance and financing of such obligations. The Town shall cooperate with the
operation of the Special Districts, and with the implementation of the financing,
development and maintenance of the public facilities for the Project.
Pursuant to Section 4.11, the Public Improvement Companies shall keep
sufficient records with respect to assessment and collection of the Project Fees, and shall
require the filing of returns by the appropriate business or person with respect thereto, to
ensure that there will be an adequate audit trail with respect to the matters addressed in
this Section 4.4 and in Section 4.5. If the Public Improvement Companies are unable to
collect any portion of the Project Fees due to delinquency, deficiency, or failure to file,
the Public Improvement Companies may promptly notify the Town in writing, and the
Town shall institute the procedures authorized under the Municipal Code to enforce and
collect the corresponding Town tax, interest, penalties and costs. The Town shall then
remit such tax revenues to the Public Improvement Companies or to the District, subject
to the following conditions: (a) the Town shall retain an amount equal to its costs
incurred in enforcing its collection of taxes under the Municipal Code, as well as an
administrative fee equal to [20%] of any tax and/or penalty actually collected; (b) the
obligation is subject to any prior lien on such Town taxes securing the Town's sales tax
revenue bonds outstanding as of the date of the Original Agreement; (c) the Town will
have no responsibility to collect any increment of the Project Fees which is in excess of
the corresponding Town tax or which is assessed against any transaction that is exempt
from the corresponding Town tax under the Municipal Code as then in effect; and (d) the
Town does not guarantee or insure that it will be able to collect any delinquent or
deficient Project Fees. Under no circumstances shall the Town be subject to any legal
liability to the Public Improvement Companies or to the Special Districts on account of
the Town's failure to collect some or all of the delinquent or deficient Project Fees on
behalf of such entities.
The Town acknowledges that if the person or entity which failed to timely
pay such Project Fee subsequently remits such Project Fee to the Public Improvement
Company, such payment shall result in the application of a simultaneous credit against
such person or entity's tax obligation, which credit shall fully satisfy any corresponding
tax liability to the Town. The Town shall nevertheless be entitled to recover from the
Public Improvement Company the administrative fee and any costs incurred in the
enforcement and recovery of such Project Fees.
(s) The initial three sentences of Section 4.5 are amended and restated to read
in their entirety as follows (all other sentences of Section 4.5 being unaffected hereby):
The applicable Public Improvement Company may assess a sales and/or
use fee on certain transactions occurring, and products used or consumed, within the
492674.12 MLAYER 1014/018:04 AM 8
Project, including any retail sales occurring and/or building materials used within the
Project (such sales and/or use fees constituting, collectively, the "Retail Sales Fee"), and
a real estate transfer fee on certain transfers of real property within the Project (the "Real
Estate Transfer Fee"), and an accommodations/lodging fee on certain lodging
accommodations transactions within the Project (the "Accommodations/Lodging Fee").
The portion of the proceeds of such Retail Sales Fee, Real Estate Transfer Fee and any
Accommodations/Lodging Fee which is equal to the corresponding Town tax shall be
pledged and remitted to one or more of the Districts, and any portion if such fees which
exceeds the amount of the corresponding Town tax may be retained by the applicable
Public Improvement Company, in either case to be applied toward payment of
infrastructure and public facilities costs for ongoing operation, maintenance and
administrative expenses of the Project, including, without limitation, contractual
obligations of such Districts to the Town. Subject to the provisions set forth below, so
long as the Public Improvement Company imposes such Retail Sales Fee, Real Estate
Transfer Fee and/or Accommodations/Lodging Fee, in consideration therefor and for the
remittance and application of proceeds from such Project Fees toward payment of the
costs of providing and maintaining infrastructure improvements and public facilities for
the Project as provided herein, the Town shall waive with respect to transactions
occurring within the Project imposition of the corresponding retail sales taxes, use taxes,
real estate transfer taxes and accommodations/lodging taxes otherwise applicable within
the Town, except any sales or accommodations tax increases duly adopted by the Town
after the date of this Agreement, the proceeds of which increases are dedicated to specific
projects identified in connection with such adoption.
(t) Section 4.10(a)(iii) is amended and restated to read in its entirety as
follows:
(iii) The Property is included within the boundaries of, and is subject to
property tax assessment for, the Eagle River Fire Protection District.
Accordingly, the Town shall not include within any Municipal Services Invoice,
and neither Owner nor the District shall have any obligation to the Town for, any
assessment of cost for regional fire protection services.
(u) Section 4. 1 0(a)(vi)(B) is deleted in its entirety.
(v) Section 4.10(a)(vii) is amended and restated to read in its entirety as
follows:
(vii) the sum of all charges described in clauses (i) through
(vi) above with respect to a particular Municipal Services Invoice
shall constitute the total amount due to the Town from the Project
and the Property with respect to the Town's provision of the
Municipal Services for the applicable year (each, a "Required
Municipal Services Payment").
C7
492674.12 MLAYER 10/4/01 9:04 AM 9
(w) The introductory sentence of Section 4.13 and subparagraph (a) of Section
4 .13 are amended and restated to read in their entirety as follows (subparagraph (b) of
Section 4.13 being unaffected hereby): 0
4.13 Design Review. Owner shall establish a design
review board to review for conformity with the PUD Guide and
applicable covenants, conditions and restrictions development
proposals for the Property or any portion of the Property (the
"Design Review Board").
(a) The Design Review Board shall consist of
not more than five (5) members, one (1) of whom shall be a
member of the Town's Planning and Zoning Commission
designated by the Town from time to time, and the remainder of
whom shall be appointed as provided in the governing documents
of the Design Review Board.
(x) A new Section 4.14(f) is inserted to read in its entirety as follows:
(f) If the District becomes liable for payment to the Town of the
applicable annual shortfall as described above because either Wal-Mart or City Market,
or both, have vacated their respective present sites within the Town and relocated to a site
within the Property, and if either Wal-Mart or City Market, or both, subsequently cease
for any reason to operate in a site within the Property, then the applicable District shall
thereupon be relieved from any further obligation or liability to the Town with respect to
any further payment of the applicable annual shortfall even though such vacated space
within the Property may later be occupied by a business that is substantially similar to
Wal-Mart or City Market, as the case may be, but is unrelated to such entity; provided,
however, that regardless of any change in ownership or change in the trade name used for
the business, neither Wal-Mart nor City Market will be considered to have ceased to
operate within the Property for so long as the business operation continues in a
substantially similar form to that operated by Wal-Mart or City Market, as applicable, if
such operation is conducted under the same or another name by an affiliate, parent or
subsidiary of Wal-Mart and/or City Market, respectively.
(y) Pursuant to the terms of Section 6.8, the parties hereby designate the
following addresses for notice or communication in substitution of the addresses
originally set forth in Section 6.8 (the substantive provisions of Section 6.8 being
unaffected hereby):
n
492674.12 ML.AYER 1014/01 9:04 AM 10
If to Town:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attn: Town Manager
With a copy to:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attn: Town Attorney
If to Owner by mail delivery:
Traer Creek LLC
ENO Limited Liability Company
P.O. Box 640
Vail, Colorado 81658
Attn: William J. Post, Esq.
0 Or, for delivery other than by mail:
Traer Creek LLC
EMD Limited Liability Company
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attn: William J. Post, Esq.
With a copy to:
Often, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17th Street, Suite 1600
Denver, Colorado 80202
Attn: Thomas J. Ragonetti, Esq.
Munsey L. Ayers, Esq.
If to the District:
Traer Creek Metropolitan District
c/o McGeady Sisneros, P.C.
1675 Broadway, Suite 2100
Denver, Colorado 80202
Attn: Darlene Sisneros, Esq.
492674.12 MLAYM 1014101 8:04 AM I 1
3. _District's Assumption of Obligations; Release. By its execution of this First
Amendment, and subject to the limitations set forth below, the District ratifies and assumes each
and every obligation of the District and/or Districts as set forth and described in any provision of
the Original Agreement, as contemplated in Sections 4.4 and 6.9 of the Original Agreement. The
Town acknowledges that, pursuant to Section 6.9 of the Original Agreement, the District's
foregoing express assumption of such obligations operates to relieve EMI) and Traer of any
further obligations under the Original Agreement, as modified by this First Amendment, with
respect to those matters which the District has assumed. The Town further acknowledges that
the District's assumption of such obligations is subject to annual budget and appropriation, and is
subordinate to any bonds issued by the District.
4. Effect of Amendment. Except as expressly modified by this First Amendment,
the Original Agreement is unmodified, and is hereby ratified and affirmed, and shall remain in
full force and effect in accordance with its terms. If there is any inconsistency between the terms
of the Original Agreement and the terms of this First Amendment, the provisions of this First
Amendment shall govern and control.
5. Authority to Amend; Vesting of Property Rights. In accordance with the terms
and conditions of Section 1.4 of the Original Agreement, the Town's approval of this First
Amendment is subject to the public notice and public hearing procedures required for approval
of the Original Agreement. Because the Original Agreement constitutes a site specific
development plan which established statutory vested property rights pursuant to Article 68 of
Title 24, C.R.S., as amended, and because this First Amendment is an amendment thereto, the
Town shall adopt an ordinance ratifying this First Amendment and shall cause publication of the
notice described in Section 24-68-103(1), C.R.S., as amended. Pursuant to Section 17.14.050 of
the Municipal Code:
Approval of this plan constitutes a vested property right pursuant to
Article 68 of Title 24, C.R.S., as amended.
6. Governing Law. This First Amendment shall be governed by and construed in
accordance with the laws of the State of Colorado.
7. Counterparts. This First Amendment may be executed in one or more
counterparts, each of which shall be deemed to be an original, and all such counterparts taken
together shall constitute one and the same instrument.
E
492674.12 MLAYBR 1014/018:04 AM 12
IN WITNESS WHEREOF, the Town and Owner have executed this First
Amendment as of the day and year first above set forth.
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
By:
Name: Magnus Lindholm
Title: Manager
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By: LAVA CORPORATION, a Colorado
corporation, its Manager
•
By:
Name: Magnus Lindholm
Title: President
THE DISTRICT:
TRAER CREEK METROPOLITAN DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
By:
Name: William J. Post
Title: President
E
ATTEST:
By:
Name:
Title: Secretary
492674.12 MLAYM 10/4/01 8:04 AM 13
THE TOWN:
TOWN OF AVON, a municipal corporation of the
State of Colorado
Name:
Title: Mayor
Approved as to legal form by:
Name:
Title: Town Attorney
11
C
492674.12 MLAYER 10/4/01 9:04 AM 14
STATE OF COLORADO )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2001, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2001, by Magnus Lindholm, as President of LAVA Corporation, a Colorado
corporation, as Manager of EMD Limited Liability Company, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:
Notary Public
r
L
492674.12 MLAYER 16/4101 8:64 AM 15
STATE OF COLORADO
COUNTY OF
)
ss:
The foregoing instrument was acknowledged before me this day of
, 2001, by William J. Post as President of Traer Creek Metropolitan District, a
quasi-municipal corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2001, by as Mayor of the Town
of Avon, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
E
t
11
L'
492674.12 MLAYER 10/4/01 6:04 AM 16
i
STATE OF COLORADO )
COUNTY OF EAGLE ) SS
TOWN OF AVON )
NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 9th DAY OF OCTOBER
2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF
CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-11, SERIES OF 2001:
An Ordinance Amending Chapter 8.32 of the Avon Municipal Code Relating to Penalties for
Odor Pollution
A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk,
and may be inspected during regular business hours.
Following this hearing, the Council may consider final passage of this Ordinance.
This notice is given and posted by order of the Town Council of the Town of Avon, Colorado
0 Dated this 26th day of September 2001.
TOWN QV AVON, COLORADO
BY:
K1)Nash
Town Clerk
POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON
SEPTEMBER 26th, 2001:
AVON MUNICIPAL BUILDING IN THE MAIN LOBBY
ALPINE BANK
AVON RECREATION CENTER
CITY MARKET IN THE MAIN LOBBY
r?
U
ORDINANCE NO. 01 - II
AN ORDINANCE AMENDING CHAPTER 8.32 OF THE AVON MUNICIPAL
CODE RELATING TO PENALTIES FOR ODOR POLLUTION
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. A new Section 8.32.010(D) is hereby added to the
Municipal Code of the Town of Avon as follows:
8.32.010(D). Notwithstanding the foregoing penalty provisions of sections
8.32.010(A) - (C) herein, and in accordance with section 25-7-128(8), C.R.S., any person
who is guilty of an odor violation as set forth in section 8-31-030 of the Avon Municipal
Code shall be subject to a penalty of not more than three hundred dollars. Each day
during which such a violation occurs shall be deemed a separate offense.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this 25 day of September , 2001, and a public hearing on
this Ordinance shall be held at the regular meeting of the Town Council of the Town of
Avon, Colorado on the 9 day of October , 2001, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON
J(Ay Yod ,1 ayor
A
Kris Nash, down Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this day of , 2001.
11
TOWN OF AVON
L'
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
C7
C
2
il4emo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
Ruth Borne, Director of Community Development
Dade October 4, 2001
Re: First Reading of Ordinance 01-12, An Ordinance Approving the
Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver
Creek Subdivision
Summary
Tanavon Corporation has submitted a PUD application for Barrancas, a 45-unit affordable
and employee housing project located on Lots 38, 40, and 41, Block 1 Benchmark at
Beaver Creek Subdivision. The PUD is for 18 units in 6 buildings on Lot 40 and 27 units in
9 buildings on Lot 41. Lot 38 would remain undeveloped and be dedicated as open space.
Ordinance 01-12 includes a provision that requires a left hand turn lane at major access
points to the project.
The Barrancas PUD is located along Metcalf Road north of Avon Auto Body and south of
the intersection of Metcalf Road and Wildwood Road. The entire development will occur on
the west side of the Metcalf Drainage Ditch with the exception of some of the parking on the
east side of the Metcalf Ditch for Lot 41.
On September 18, 2001 the Planning and Zoning Commission approved Resolution 01-15,
recommending approval to the Town Council for the Barrancas PUD.
Background
Ordinance 81-33, creates a PUD for Lots 38, 40, and 41 through a transfer of
development rights from the Wildridge Subdivision.
Original concept for employee housing, named "The Cove", reviewed by the
Planning and Zoning Commission on February 3,1998.
Concept Review of The Cove on May 29, 1998 by the Planning and Zoning
Commission.
Recommendation
Staff recommends that the Town Council approve Ordinance 01-12, for the Barrancas PUD
on Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision.
Memo to Town Council, September 25, 2001 Page 1 of 2
Ordinance 01-12, Barrancas PUD
Alternatives
1. Approve
2. Approve with conditions
3. Table
4. Deny the application in whole or in part
Proposed Motion
"I move to approve on first reading Ordinance 01-12, the Barrancas PUD for Lots 38, 40,
and 41, Block 1, Benchmark at Beaver Creek Subdivision."
Town Manager Comments
'//? ///O/L-
Attachments:
A - Ordinance 01-12
B - Exhibit A, Development Summary
C - Exhibit B, Site Plan
D - Planning and Zoning Commission Staff Report
E - Planning and Zoning Resolution 01-15
Memo to Town Council, September 25, 2001 Page 2 of 2
Ordinance 01-12, Barrancas PUD
C
TOWN OF AVON
0 ORDINANCE NO. 01-12
SERIES OF 2001
AN ORDINANCE APPROVING THE BARRANCAS
PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 389 409
AND 41, BLOCK 1, BENCHMARK AT BEAVER CREEK
SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO.
WHEREAS, the Tanavon Corporation has applied for the Barrancas PUD for Lots 38,
40, and 41, Block 1, Benchmark at Beaver Creek Subdivision, which consists of open space on
Lot 38 and six (6) buildings with eighteen (18) units on Lot 40 and nine (9) buildings with
twenty-seven (27) units on Lot 41 for a total of 45 units; and
WHEREAS, the site specific development plan was approved in accordance with
Section 17.20.110 of the Municipal Code for the Barrancas PUD, which is attached hereto and
incorporated herein as Exhibit "A"
WHEREAS, proper posting, publication and public notices for the hearings before the
Planning & Zoning Commission of the Town of Avon were provided as required by law; and
WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public
hearing on September 18, 2001, at which time the applicant and the public were given an
opportunity to express their opinions and present certain information and reports regarding the
Barrancas PUD; and
WHEREAS, following such public hearing, the Planning & Zoning Commission
forwarded its recommendations on the Barrancas PUD to the Town Council of the Town of
Avon; and
FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 BI BMBC.doc
WHEREAS, after notices provided by law, this Council held a public hearing on the
day of , 2001, at which time the public was given an opportunity
to express their opinions regarding the proposed PUD; and
WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the
Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows:
1. The hearings before the Planning & Zoning Commission and the Town Council
were both extensive and complete and that all pertinent facts, matters and issues were
submitted at those hearings.
2. That the Barrancas PUD for Lots 38, 40, and 41, Block 1, and Benchmark at
Beaver Creek Subdivision is consistent with goals and objectives of the Town's
Comprehensive Plan, is compatible with surrounding neighborhood and is consistent
with the public interest.
3. That the development standards for the Barrancas PUD for Lots 38, 40, and 41,
Block 1, Benchmark at Beaver Creek Subdivision (which are attached and
incorporated herein as Exhibit "A") comply with each of the Town of Avon's PUD
design criteria and that this proposed development is consistent with the public
interest.
NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, COLORADO, THAT:
The Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision is
hereby approved, with the following conditions:
Concurrent with the Final Design application the following items must be provided:
1. Revised subsoil and geologic hazards reports.
2. Engineered retaining walls for all walls over 4'0" in height.
3. Revise grading at the furthest north building on Lot 41.
4. Permanent and temporary erosion control.
5. Label each unit.
6. Provide left turn lane for major access points.
FACouncil (c)\Ordinances\200 I \Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc
Prior to Issuance of a Building Permit, the following items must be provided:
1. Execution of Deed Restriction Agreement with the Town of Avon.
2. Approval from the Army Corps of Engineers.
3. Verification of water pressure and anticipated flow.
4. Resolution on fire access and sprinkler requirement.
Prior to Issuance of a Temporary Certificate of Occupancy
1. Convey title to Lot 38 as designated open space to the Town of Avon.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED
POSTED, this day of October 2001, and a public hearing shall be held at the regular
meeting of the Town Council of the Town of Avon, Colorado, on the day of October
2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado.
Town of Avon, Colorado
Town Council
•
ATTEST:
Kris Nash, Town Clerk
Judy Yoder, Mayor
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
POSTED.
Town of Avon, Colorado
Town Council
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc
Exhibit A, Ordinance Number 01-12
0
Development Standards for Barrancas PUD
Setbacks:
Front: 50 feet from Metcalf Road (Lots 40 and 41)
Rear: 50 feet (Lots 40 and 41)
Side: 20 feet (Lots 40 and 41)
Height: The maximum building height will be 48 feet.
Density: 18 units in 6 buildings (Lot 40)
27 units in 9 buildings (Lot 41)
Lot 38 will be dedicated as open space
Site Coverage: 14% (Lot 40) / 18% (Lot 41)
Landscaping: 87% (Lot 40) / 84% (Lot 41) / Both including undisturbed
open space.
Parking: 41 spaces (Lot 40) / 62 spaces (Lot 41).
Snow shedding and storage: The application proposes that all snow
storage shall be accommodated in the Metcalf Drainage Ditch.
Barrancas PUD Summary
The Barrancas PUD will consist of 18 units in 6 buildings on Lot 40, and 27 units
in 9 buildings on Lot 41 for a total of 45 units. Each building proposed will
contain three two-bedroom dwelling units with the ground floor level containing a
three-car garage. Lot 38 will not be developed and is proposed as open space.
11
F:\Council (c)\Ordinances\2001\Ord 01-12 Barrancas PUD Exhibit A.doc
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135OEVELOPEEIIT6INTENDED TO PROVIDE AFFORDAM AMP OYEE
HOUSING. WHILE PRESERVING AND CREATING OPEN SPACE ON 10710
USES -HAPARTIENES,12KMO O Ms
MAIINUM DENSITY- n UNITS
SOOARE FOOTAGE BF RESOENDAI.- 296650
BUIDNG HWff ALLOWED - 41.0', PROPOSED - 0.E bluer P SS41
GARAGE PARI(K SPACES AVAILABLE - - 27
SURFACE PAWING SPACES AVAtABLES,R PAOPOSED -!!!2
Off-STREET PAAIM SPACES AVAIL ABLE :ii, PROPOSED --62
NOTE: REFER TO TOWN OF AVON ZONING LODE FOR ALL ITEMS NOT
SPECIFICALLY ADDRESSED NETIE
oAA1NBY AMR
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.7
MEMORANDUM
TO: Hon. Mayor and Town Council
FROM: Burt Levin, Ruth Borne
RE: Day Care Ordinance
DATE: September 28, 2001
Attached please find a first reader version of an ordinance which adds a new requirement
for approval of a licensed child day care center as a home occupation in duplexes and
multi-family units which share a common driveway.
In cases of a duplex with both units sharing a common driveway, day care will not be
approved unless the neighboring owner consents to the application. In cases of multi-
family dwelling units where a common driveway is shared (including condominiums),
consent of the property owners association or condominium association, as the case may
be, is required.
A provision is included that once consent is given to an application and the application is
granted, the neighbor or owners association does not have a continuing veto over the use
as a day care center. If consent is withdrawn, the Town will evaluate the use and in its
discretion decide whether to continue to allow day care or not.
ORDINANCE NO. 01 - 13
AN ORDINANCE AMENDING CHAPTER 17.48 OF THE AVON MUNICIPAL
CODE RELATING TO HOME OCCUPATIONS/CHILD DAY CARE
BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON,
COLORADO:
Section 1. Amendment. A new Section 17.48.060 is hereby added to the Municipal
Code of the Town of Avon as follows:
17.48.060. Special rules governing special review use permit for home
occupation/child day care in certain duplex and multi-family dwelling units.
A. The provisions of this section 17.48.060 apply in cases in which a special
review use permit is sought for a licensed child day care home as a home occupation
within a duplex or multi-family dwelling unit where the occupants of such dwelling units
share a common driveway.
B. When a special review use permit is sought for a licensed child day care home
as a home occupation within a duplex or multi-family dwelling unit where the occupants
of such dwelling units share a common driveway, in addition to the submittal
requirements set forth in section 17.48.030, the applicant shall also submit to the
department of community development the following:
1. In the case of an applicant living in a duplex dwelling unit, the
applicant shall submit the written consent of the owner of the neighboring unit within the
duplex to a licensed child day care home.
2. In the case of an applicant living in a multi-family dwelling unit
(including a condominium), the applicant shall submit the written consent of the property
owners association or condominium association, as the case may be, to a licensed child
day care home.
C. Once a special review use permit has been granted for a licensed child day care
home as a home occupation within a duplex or multi-family dwelling unit,
notwithstanding section 17.48.020 there shall be no requirement that the special review
use permit is valid only so long as the consent given as provided by subsection B hereof
is maintained. In the event a consent given as provided by subsection B is withdrawn
after a special review use permit has been granted, the Town will review the use and in its
discretion decide whether to continue to permit the use in accordance with the criteria set
forth in sectionl7.48.040. No special review use permit for a licensed child day care
home as a home occupation issued pursuant to this section will be cancelled by the Town
based solely upon the withdrawal of consent as provided in subsection B hereof; and, in
cases where the consent provided for herein has been withdrawn, no special review use
permit issued pursuant to this section shall be cancelled unless a hearing has been held on
the issue of the cancellation of the use (unless the holder of the special review use permit
waives entitlement to a hearing).
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED POSTED, this day of , 2001, and a public hearing on
this Ordinance shall be held at the regular meeting of the Town Council of the Town of
Avon, Colorado on the - day of , 2001, at 5:30 p.m., in the
Municipal Building of the Town of Avon, Colorado.
TOWN OF AVON
Judy Yoder, Mayor
ATTEST:
•
Kris Nash, Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED POSTED, this day of , 2001.
TOWN OF AVON
Judy Yoder, Mayor
ATTEST:
Kris Nash, Town Clerk
0 2
APPROVED AS TO FORM:
Burt Levin, Town Attorney
E
E
L`
• Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineeo/
Date: October 4, 2001
Re: McGrady Acres Annexation - First Reading
Ordinance No. 01-14, Series of 2001 an Ordinance Concerning the
Annexation to the Town of Avon, Colorado, of Certain Property as
Described in the McGrady Acres Petition for Annexation
Summary: EMD Limited Liability Company and Traer Creek LLC
have filed a Petition for the Annexation of a portion of McGrady Acres Subdivision. The
Petition has been found to be in substantial compliance with Colorado State Statutes as
evidenced by approval of Resolution No. 01-18 Series of 2001. Following a public
hearing regarding the annexation on September 25, 2001, Resolution No. 01-27, Series of
2001 was approved. This Resolution found that the requirements for annexation were met
and the annexation could proceed without election. First Reading approval of attached
Ordinance No. 01-14, Series of 2001 will initiate the final steps in the annexation process.
We recommend approval of Ordinance No. 01-14, Series of 2001, An Ordinance
Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as
Described in the McGrady Acres Petition for Annexation.
Recommendations: Approve Ordinance No. 01-14, Series of 2001, An
Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain
Property as Described in the McGrady Acres Petition for Annexation.
Proposed Motion: I move to approve Ordinance No. 01-14, Series of 2001, An
Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain
Property as Described in the McGrady Acres Petition for Annexation.
Town Manager Comments:
1AEngineering\Avon Village\Amexation\Amex Ord 01-14 Memo.Doc
TOWN OF AVON
ORDINANCE NO. 01-14
SERIES OF 2001
AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN
OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN
THE MCGRADY ACRES PETITION FOR ANNEXATION.
WHEREAS, on August 2, 2001, EMD LIMITED LIABILITY COMPANY and
TRAER CREEK LLC filed with the Town Clerk for the Town of Avon ("Town") the petition for
annexation ("Petition") requesting that the Town Council of the Town ("Town Council")
commence proceedings to annex to the Town certain unincorporated tract or tracts of land
located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated
herein by this reference (the "Annexation Property"); and
WHEREAS, the Town Council, by Resolution Number 01-27, Series of 2001,
attached hereto and incorporated herein by this reference as Exhibit B, has determined with
regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of
Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under
Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be
imposed on the Petition;
WHEREAS, the Town Council held public hearings at which it received evidence
and testimony pertaining to the annexation of the Annexation Property, at the conclusion of
which the Town Council considered such evidence and testimony so introduced, and by this
Ordinance sets forth its findings of fact and conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT
AND CONCLUSIONS:
1. The submission, processing, consideration and approval of the Petition
have fully met and complied with all applicable laws and regulations of the State of Colorado
and the Town, including, without limitation, Article H, Section 30 of the Colorado constitution
and Sections 31-12-101 through 31-12-123, C.R.S.
2. All public hearings concerning whether the Town should annex the
Annexation Property have been held and conducted in accordance with all applicable laws and
regulations of the State of Colorado and the Town.
3. All notices required for the public hearings at which the Town Council
considered the Petition were properly and timely published, posted or mailed in accordance with
all applicable laws and regulations of the State of Colorado and the Town.
4. In order to encourage well-ordered development to the Town, it is
desirable that the Annexation Property be annexed to the Town.
521179.3 CAMAL.C 10/4/01 5.48 PM
5. The annexation of the Annexation Property to the Town is in the best
interests of the public health, safety and general welfare of the people of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:
Section 1. The annexation to the Town of the Annexation Property be, and is
hereby approved and said real property as described on the annexation map
accompanying the Petition is hereby annexed to the Town.
Section 2. As required by statute, the Town shall:
(a) File one copy of the annexation map with the original of this Ordinance in
the office of the Town Clerk for the Town; and
(b) Subject to the terms of Section 18 of the Petition, file for recording three
certified copies of this Ordinance and of the map of the area annexed
containing a legal description of such area with the Clerk and Recorder of
Eagle County, Colorado.
Section 3. The Town Clerk is hereby authorized and directed to publish the
full text of this Ordinance in a newspaper of general circulation within the Town
(i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both) on the next
10 available publication date.
Section 4. The effective date of this Ordinance shall be seven (7) days after
publication of the notice described in Section 3 above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND
ORDERED PUBLISHED this day of , 2001 and a public hearing on this
ordinance shall be held at the regular meeting of the Town Council of the Town of Avon,
Colorado, on the day of , 2001 at p.m. in the Avon Municipal
Complex, 400 Benchmark Road, Avon, Colorado.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
1?1
5211793 CAMALC 1014/015:48 PM 2
t
11
Attest:
Kris Nash
Town Clerk
INTRODUCED, PASSED ON SECOND READING, APPROVED AND
ORDERED PUBLISHED this day of , 2001.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
Attest:
0
Kris Nash
Town Clerk
APPROVED AS TO FORM:
Burt Levin, Esq.
Town Attorney
521179.3 CAMALC 10/41015:48 PM 3
EXHIBIT A
TO
ORDINANCE NUMBER 01-14, SERIES OF 2001
(Legal Description of Annexation Property)
Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S.
Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81
West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of
McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the
office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public
right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office
of said Clerk and Recorder, all being described as a whole as follows:
Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line
of the Denver and Rio Grande Western Railroad, whence the northwest corner of said McGrady
Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common
line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a
radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04
feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a
radius of 1880.00 feet, a central angle of 16°42'10", and a chord that bears S73°51'55"E 546.11
feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly
right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of-way
line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the
following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 feet
along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of 00°25'44",
and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line and
continuing the following nine courses along the easterly, southerly and southeasterly right-of-way
lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the right, having
a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears S57°49' 17"W 183.75
feet; (2) N72°13'00"W 277.44 feet; (3) N82°13'00"W 1056.24 feet; (4) 167.20 feet along the arc
of a curve to the left, having a radius of 265.00 feet, a central angle of 36°09'00", and a chord
that bears S79°42'30"W 164.44 feet; (5) S61°38'00"W 113.82 feet; (6) 159.29 feet along the are
of a curve to the right, having a radius of 557.63 feet, a central angle of 16°22'00", and a chord
that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8) 149.40 feet along the arc
of a curve to the left, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord
that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the southwesterly line of
said McGrady Acres and the northeasterly line of said Sun River Condominiums; thence, along
said common line, S47°59'03"E 0.24 feet; thence, departing said common line, S60°53'00"W
78.88 feet, along the easterly line of the 60 foot wide public right-of-way shown on said
(Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the
southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of
said U.S. Highway 6 and 24; thence, along said common line, 264.30 feet along the arc of a
® curve to the left, having a radius of 1830.00 feet, a central angle of 08°16'30", and a chord that
® bears S70°43'32"E 264.07 feet; thence, departing said common line, S15°08'13"W 130.00 feet
521179,3 CAMALC 1014/01 5:58 PM A-1
to the southwesterly right-of-way line of said U.S. Highway 6 and 24; thence the following two
courses along said southwesterly right-of-way line: (1) 400.12 feet along the arc of a curve to the
right, having a radius of 1960.00 feet, a central angle of 11 °41'47", and a chord that bears
N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet; thence, departing said southwesterly
right-of-way line, N26°50'00"E 123.00 feet to the southwesterly line of said Sun River
Condominiums and the northeasterly right-of-way line of U.S. Highway 6 and 24; thence, along
said common line, the following three courses: (1) S79°52'00"E 24.35 feet; (2) S63°10'00"E
77.40 feet; (3) 34.82 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a
central angle of 01°05'25", and a chord that bears S63°42'43"E 34.82 feet; thence, departing said
common line, N60°53'00"E 102.46 feet, along the westerly line of the 60 foot wide public right-
of-way as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS, to the northeasterly line of said Sun River Condominiums and the
southwesterly line of said McGrady Acres; thence, along said common line the following two
courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W 102.73 feet to the most westerly
corner of said McGrady Acres and the existing Town of Avon boundary; thence, departing said
common line, N45°53'00"E 125.14 feet along the northwesterly line of McGrady Acres and the
existing Town of Avon Boundary; thence, departing the existing Town of Avon boundary,
S40°32'42"E 318.00 feet along the southwesterly line of Lot 6, said McGrady Acres to the
southeasterly line of said Lot 6 and the northwesterly right-of-way line of said Nottingham Ranch
Road; thence, along said common line, the following four courses: (1) N60°52'49"E 18.00 feet;
(2) 170.31 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle
of 17°07'12", and a chord that bears N69°26'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4)
19.13 feet along the arc of a curve to the left, having a radius of 487.63 feet, a central angle of
02°14'51", and a chord that bears N76°52'36"E 19.13 feet to the most easterly corner of said Lot
6; thence, departing said common line, N57°59'05"W 462.86 feet, along northeasterly line of
said Lot 6, to the northwesterly line of said McGrady Acres and the existing Town of Avon
boundary; thence, departing said northeasterly line, N45°53'00"E 240.92 feet along said
northwesterly line of McGrady Acres and the existing Town of Avon boundary to the northwest
corner of said McGrady Acres; thence, departing said northwesterly line of McGrady Acres and
said existing Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning,
containing 11.49 acres, more or less.
11
I
5211793 CAMALC 10/4/01 5:48 PM 2
EXHIBIT B
0 TO
ORDINANCE NUMBER 01-14, SERIES OF 2001
(Copy of Resolution Number 01-27, Series of 2001)
E
521179.3 CAMALC 10/4/01 5:48 PM B-1
RESOLUTION NO.01-27
SERIES OF 2001
A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS
REGARDING THE PUBLIC HEARING HELD ON THE ANNEXATION PETITION
FILED BY EMD LIMITED LIABILITY COMPANY AND TRAER CREEK LLC
CONCERNING A PORTION OF THE LAND KNOWN AS MCGRADY ACRES.
WHEREAS on August 9, 2001, Petitioners EMD Limited Liability Company and
Traer Creek LLC filed with the Town Clerk a Petition for Annexation (Exhibit A hereto)
concerning a portion of the land known as McGrady Acres and as particularly described in
such petition, which petition was referred to the Town Council; and
WHEREAS by Resolution No. 01-18 the Town Council scheduled a public hearing
on said petition in accordance with C.R.S. § 31-12-107, and
WHEREAS following public notice the Town Council held a hearing on said petition
on September 25, 2001;
v
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. The Town Council hereby finds that the petition complies with the
provisions of C.R.S. § 31-12-107.
Section 2. The Town Council hereby finds that the petition meets the requirements of
C.R.S. §§ 31-12-104 and 31-12-105.
Section 3. The Town Council hereby finds that an election on the petition is not
required under C.R.S. § 31-12-107(2)
Section 4. The Town Council hereby finds that no additional terms and conditions
are to be imposed in connection with the petition.
Section 5. The Town Council concludes that the area proposed in the petition to be
annexed into the Town of Avon is eligible for annexation.
ADOPTED this 25th day of September, 2001.
TOWN OF AVON, COLORADO
.?
J Yoder
v
AMEST:
ash, Town Clerk
APPROVED AS TO FORM:
Burt Levin, Town Attorney
11
PETITION FOR ANNEXATION
TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO:
"
'
), in accordance with the Municipal
Petitioners
The undersigned (collectively,
Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as
.amended and as in effect on the submission date set forth below ("Annexation Acf?, hereby
petition ("Petition') the Town Council of the Town of Avon, Colorado ("Council"), to annex to
the Town of Avon ("ToM") the unincorporated territory located in the County of Eagle, State of
Colorado, which property is more particularly described in Exhibit A attached hereto and
incorporated herein by reference (` roe '). In support of this Petition, Petitioners allege that:
1. It is desirable and necessary that the Property be annexed to the Town.
2. The requirements of Sections -104 and -105 of the Annexation Act exist or have
been met.
3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with
the Town's current municipal boundaries:
4. A community of interest exists between the Property and the Town.
5. The Property is urban or will be urbanized in the near future.
6. The Property is integrated with or is capable of being integrated with the Town.
7. The Petitioners comprise more than fifty percent (50%) of the landowners in the
Property owning more than fifty percent (50%) of the Property, excluding public streets, and
alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to
the establishment of the boundaries of the Property as shown on the annexation plat submitted
herewith.
8. The Property is not presently a part of any incorporated city, city and county, or
town; no proceedings have been commenced for incorporation or annexation of part or all of the
Property to any other municipality; no election for annexation of the Property or substantially the
same territory to the Town has been held within the twelve (12) months immediately preceding
the filing of this Petition.
9. The proposed annexation will not result in detachment of area from any school
district or attachment of same to another school district.
10. Except to the extent necessary to avoid dividing parcels within the Property held
in identical ownership, at least fifty percent (5001c) of which are within the three (3) mile limit,
the proposed annexation will not extend the municipal boundary of the Town more than three (3)
miles in any direction from any point of the current municipal boundary.
11. The proposed annexation will not result in the denial of reasonable access to any
landowner, owner of an easement, or owner of a franchise adjoining a platted. street or alley
which has been annexed by the Town but is not bounded on both sides by the Town.
12. In establishing the boundaries of the Property, no land which is held in identical
ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous
tracts or parcels of real estate:
(a) is being divided into separate parts or parcels without the written consent
of the landowner or landowners thereof unless such tracts or parcels are separated by a
dedicated street, road, or other public way; or
(b) comprising twenty (20) acres or more and together with buildings and
improvements situate thereon having a valuation for assessment in excess of $200,000.00
for ad valorem tax purposes for the year next preceding the proposed annexation, is
included in the Property without the written consent of the landowner or landowners.
$ixou M.AYU
13. If a portion of a platted street or alley is to be annexed, the entire width thereof is
included within the Property.
14. The legal description of the land owned by the Petitioners is set forth underneath
the name of each such Petitioner on Exhibit B, attached hereto and incorporated herein by this
reference.
15. The affidavit of the circulator of this Petition certifying that each signature on this
Petition is the signature of the person whose name it purports to be and certifying the accuracy of
the date of such signature is attached hereto as Exhibit and is incorporated herein by this
reference.
16. This Petition is accompanied by four prints of an annexation map containing,
among other things, the following information:
(a) A written legal description of the boundaries of the Property;
(b) A map showing the boundary of the Property;
(c) Within the annexation boundary map, a showing of the location of each
ownership tract in unplatted land and, if part or all of the area is platted, the boundaries
and the plat numbers of plots or of lots and blocks; and
(d) Next to the boundary of the Property, a drawing of the contiguous
boundary of the annexing municipality abutting the Property.
17. In connection with the processing of this Petition, the Petitioners request that the
Town:
(a) Institute zoning and subdivision approval processes for the Property in
accordance with applicable provisions of the Municipal Code of the Town of Avon and in
accordance with Section -115 of the Annexation Act; and
(b) Approve and execute an annexation and development agreement
("Annexation and Development Agreemenf? which establishes vested property rights for
the Property for an agreed upon term of greater than three years, pursuant to Chapter
17.14 of the Municipal Code of the Town of Avon and Article 68, Title 24, Colorado
Revised Statutes, and which otherwise establishes the development plan for the Property.
18. Petitioners have filed this Petition subject to the following conditions:
(a) Concurrently with its approval of annexation of the Property, the Town
Council: (i) approves for those portions of the Property which are not public
right-of-way zoning and subdivision which is substantially consistent with the
applications for zoning and subdivision which Petitioners Traer Creek LLC and EMD
Limited Liability Company submit in connection with this Petition; and (ii) approves and
authorizes execution of the Annexation and Development Agreement.
(b) Petitioner Traer Creek LLC shall have the right, with or without the
consent or agreement of any other landowner within the Property, to withdraw this
Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the
latest effective date of the final ordinances or resolutions approving annexation of the
Property, the Annexation and Development Agreement, or zoning or subdivision of the
property; provided, however, that such withdrawal right may be exercised only if a third
party commences a formal challenge to any of the approvals within such period.
(c) Prior to expiration of the period described in the foregoing
subparagraph (b) without Petitioner Tract Creek LLC having withdrawn the Petition,
neither Petitioners nor the City shall cause or permit the occurrence of the conditions to
effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act.
19. Upon the annexation of the Property becoming effective, and subject to the
conditions set forth in this Petition and to be set forth in the Annexation and Development
Agreement, the Property shall become subject to all ordinances, resolutions, rules and
! UNI W AYU
regulations of the Town, except as otherwise set forth in the Annexation and Development
Agreement, and except for general property taxes of the Town which shall become effective on
January 1 of the next succeeding year following adoption of the annexation ordinance.
20. Except for the terms and conditions of this Petition and of the Annexation and
Development Agreement, which terms and conditions Petitioners expressly approve and
therefore do not constitute an imposition of additional terms and conditions within the meaning
of Section -107(lxg) of the Annexation Act, Petitioners request that no additional terms and
conditions be imposed upon annexation of the Property to the Town.
THEREFORE, Petitioners request that the Town Council of the Town of Avon,
Colorado, complete and approve the annexation of the Property pursuant to the provisions of the
Municipal Annexation Act of 1965, as amended.
Respectfully submitted this ,2_dd day of AW Cus-r . 2001•
S,iipnatures of Landoun eraTe-111ionera:
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By:LAVA CORPORATION, a Colorado
corporation, its Manager
J62-e--
B _
N? Ma Lindholm
Title: P ident
Date of Signature: sh-10 /
Mailing Add=:
P.O. Box 640
Vail, CO 81658
Attn: William J. Post, Esq.
Resident of the Property? NO
TRAER CREEK LLC, a Colorado limited
liability company
By
Nam : Magnus dholm
Title: Manager
Date of Signature: 9111 L
Mailing Addrew:
P.O. Box 640
Vail, CO 81658
Attn: William J. Post, Esq.
Resident of the Property? NO
i
•
1
Simi W AYU
EXHIBIT A
TO PETITION FOR ANNEXATION
Legal Description of the Property
Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S.
Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81
West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of
McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the
office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public
right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office
of said Clerk and Recorder, all being described as a whole as follows:
Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way lire
of the Denver and Rio Grande Western Railroad, whence the northwest corner of said McGrady
Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common
line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a
radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04
feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a
radius of 1880.00 feet, a central angle of 16°42'10", and a chord that bears S73°51'55"E 546.11
feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly
right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of-
way line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the
following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of
00°25'44", and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line
and continuing the following nine courses along the easterly, southerly and southeasterly right-
of-way lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the
right, having a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears
S57°49'17"W 183.75 feet; (2) N72°13'00"W 277.44 feet; (3) N82°13'00"W 1056.24 feet; (4)
167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of
36°09'00", and a chord that bears S79°42'30"W 164.44 feet; (5) S61°38'00"W 113.82 feet; (6)
159.29 feet along the arc of a curve to the right, having a radius of 557.63 feet, a central angle of
16°22'00", and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8)
149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of
17°07' 12", and a chord that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the
southwesterly line of said McGrady Acres and the northeasterly line of said Sun River
Condominiums; thence, along said common line, S47°59'03"E 0.24 feet; thence, departing said
common line, S60°53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right-
of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER
CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the
northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line,
264.30 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of
08°16'30", and a chord that bears S70°43'32"E 264.07 feet; thence, departing said common line,
S15°08'13"W 130.00 feet to the southwesterly right-of-way line of said U.S. Highway 6 and 24;
thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet
along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of
11°41'47", and a chord that bears N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet;
thence, departing said southwesterly right-of-way line, N26°50'00"E 123.00 feet to the
southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of
U.S. Highway 6 and 24; thence, along said common line, the following three courses: (1)
S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to
the left, having a radius of 1830.00 feet, a central angle of 01°05'25", and a chord that bears
S63°42'43"E 34.82 feet; thence, departing said common line, N60°53'00B 102.46 feet, along
the westerly line of the 60 foot wide public right-of-way as shown on said (Corrected) Final Plat
- Condominium Map SUN RIVER CONDOMINIUMS, to the northeasterly line of said Sun
said
River Condominiums and the southwesterly line of said McGrady Acres; thence, along
common line the following two courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W
102.73 feet to the most westerly comer of said McGrady Acres and the existing Town of Avon
boundary; thence, departing said common line, N45°53'00"E 125.14 feet along the
e-1
northwesterly line of McCrady Acres and the existing Town of Avon Boundary; thence,
departing the existing Town of Avon boundary, S40°32'42"E 318.00 feet along the
southwesterly line of Lot 6, said McCrady Acres to the southeasterly line of said Lot 6 and the
northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common
line, the following four courses: (1) N60°52'49"E 18.00 feet; (2) 170.31 feet along the arc of a
curve to the right, having a radius of 570.00 feet, a central angle of 17°07' 12", and a chord that
bears N69°26'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4) 19.13 feet along the arc of a
curve to the left, having a radius of 487.63 feet, a central angle of 02°1451", and a chord that
bears N76°52'36"E 19.13 feet to the most easterly comer of said Lot 6; thence, departing said
common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6, to the
northwesterly line of said McCrady Acres and the existing Town of Avon boundary; thence,
departing said northeasterly line, N45°53'00"E 240.92 feet along said northwesterly line of
McCrady Acres and the existing Town of Avon boundary to the northwest corner of said
McCrady Acres; thence, departing said northwesterly line of McCrady Acres and said existing
Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning, containing 11.49
acres, more or less.
513M.I h"M A-2
EXHIBIT B
TO PETITION FOR ANNEXATION
Legal Description of Property Owned
by Each Petitioner
Name of Landowner/Petitioner: EMD LIMITED LIABILITY COMPANY, a Colorado
limited liability company
Lot 2, McGrady Acres, according to the final plat thereof recorded in Book 558 at
Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder.
Name of LandownerTetitioner: TRAER CREEK LLC, a Colorado limited liability
company
Lots 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in
Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and
Recorder.
ti
0
EXHIBIT C
TO PETITION FOR ANNEXATION
Affidavit of Circulator
The undersigned, being of lawful age, who being first duly sworn upon oath
deposes and says:
That he was the circulator of the foregoing Petition for Annexation of lands to the
Town of Avon, consisting of I pages including this page, and that the signatures of the
Peitioners thereon were witnessed by the circulator and are the true and original signatures of the
persons whose names they purport to be, and that the dates of such signatures are correct.
Circulator
STATE OF Coup 3n29_ )
)33.
COUNTY OF r,-Wu )
The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me
awe J. ?L'r
this is-T day of Ni yrr , 2001, by Wm u
Witness my hand and official seal.
My commission expires: l2• - 2.M
Sim" b"y"
CERTIFICATE OF PUBLICATION
0
I, Kris Nash, Town Clerk for the Town of Avon, Colorado, hereby certify that a
true and full copy of the Town of Avon Ordinance Number 01-14, Series of 2001 was published
in the , a newspaper of general circulation in the Town of Avon,
Colorado, on , 2001. A copy of the published text is attached hereto.
Date:
C7
11
Kris Nash
Town Clerk
521199.3 CAMALC 10/4/01 5:48 PM
• Memo
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager
From: Norm Wood, Town Engineer-z6/
Date: October 4, 2001
Re: McGrady Acres - Annexation, Development and Subdivision Improvement
Agreement - First Reading
Ordinance No. 01-15, Series of 2001, an Ordinance Approving an
Agreement Concerning the Terms of Annexation, Development and
Subdivision of the Lands Described in the McGrady Acres Petition for
Annexation; Authorizing and Instructing the Mayor of the Town of Avon
to Sign the Agreement on behalf of the Town; and Approving a Site
Specific Development Plan Establishing a Vested Property Right Pursuant
® to Article 68 of Title 24, C.R.S., as Amended.
Summary: Ordinance 01-15, Series of 2001 would approve and
authorize the Mayor to execute the attached "Annexation, Development and Subdivision
Improvement Agreement for McGrady Acres Annexation by and between the Town of
Avon and EMD Limited Liability Company, Traer Creek LLC and Traer Creek
Metropolitan District. In general this Agreement provides that proposed Lots 2 and 3 will
be zoned Neighborhood Commercial in conformance with the their Zoning Application,
the Subdivision will be platted in conformance with the Subdivision Application and that
these applications and this agreement will constitute an approved site-specific
development plan. This site-specific development plan will establish a vested property
right with a term of 20 years. The Agreement further provides for execution of
appropriate documents to establish titles to Town and Developer owned properties to
correspond with the revised Lot lines in the Resubdivision. The Agreement also
establishes Security for Performance of Public Improvement Obligations as required by
the Avon Municipal Code. This security will be provided through the Subdivision
Improvements Agreement for The Village (at Avon), Filing 1 and the Town is authorized
to withhold all building permits in the annexed area until this agreement is in place and
fully funded.
•
IA\Engineering\Avon Village\Annexation\Annex Dev & SIA Ord 01-15 Memo.Doc
We recommend first reading approval of Ordinance No. 01-15, Series of 2001, An
Ordinance Approving an Agreement Concerning the Terms of Annexation, Development
and Subdivision of the Lands Described in the McGrady Acres Petition for Annexation;
Authorizing and Instructing the Mayor of the Town of Avon to Sign the Agreement on
behalf of the Town; and Approving a Site Specific Development Plan Establishing a
Vested Property Right Pursuant to Article 68 of Title 24, C.R.S., as Amended.
Proposed Motion: I move to approve on first reading, Ordinance No. 01-15,
Series of 2001, An Ordinance Approving an Agreement Concerning the Terms of
Annexation, Development and Subdivision of the Lands Described in the McGrady Acres
Petition for Annexation; Authorizing and Instructing the Mayor of the Town of Avon to
Sign the Agreement on behalf of the Town; and Approving a Site Specific Development
Plan Establishing a Vested Property Right Pursuant to Article 68 of Title 24, C.R.S., as
Amended.
Town Manager Comments:
11
11
BEngineering\Avon Village\Annexation\Annex Dev & SIA Ord 01-15 Memo.Dm 2
TOWN OF AVON
ORDINANCE NO. 01-15
SERIES OF 2001
AN ORDINANCE APPROVING AN AGREEMENT CONCERNING THE TERMS OF
ANNEXATION, DEVELOPMENT AND SUBDIVISION OF THE LANDS DESCRIBED IN
THE MCGRADY ACRES PETITION FOR ANNEXATION; AUTHORIZING AND
INSTRUCTING THE MAYOR OF THE TOWN OF AVON TO SIGN THE AGREEMENT
ON BEHALF OF THE TOWN; AND APPROVING A SITE SPECIFIC DEVELOPMENT
PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68
OF TITLE 24, C.R.S., AS AMENDED.
WHEREAS, EMD LIMITED LIABILITY COMPANY and TRAER CREEK
LLC ("Owners") filed a petition for annexation ("Petition") with the Clerk of the Town of Avon
("Town") on August 2, 2001, requesting annexation to the Town of certain real property
described in Exhibit A of the Petition (the "Property"); and
WHEREAS, pursuant to the terms of the Petition, the execution of an annexation
and development agreement which establishes statutory vested property rights for the Property is
an express condition of annexation; and
WHEREAS, the TRAER CREEK METROPOLITAN DISTRICT ("TCMD") will
perform certain public improvement obligations required in connection with annexation,
development and subdivision of the Property; and
WHEREAS, the Town, Owner and TCMD have negotiated the terms and
conditions of an agreement titled "Annexation, Development and Subdivision Improvement
Agreement", which agreement (the "Agreement") addresses the terms and conditions upon which
annexation, development and subdivision of the Property will occur, and the development rights
and responsibilities of the Town, TCMD and the Owner with respect thereto; and
WHEREAS, the Town gave proper and timely posted notice of the dates and
times of the meetings at which the Town Council considered the Agreement; and
WHEREAS, the proposed full text of this Ordinance was duly published by
posting in the office of the Town Clerk and in three (3) additional public places within the Town,
and said publication also set forth the date and time of the public hearing at which the Town
Council of the Town (the "Town Council"), considered the Agreement; and
WHEREAS, pursuant to Avon Municipal Code Section 17.14.100 and as more
specifically described in the Agreement, the Town Council has agreed in connection with
approval of the Agreement to designate the Agreement (including the "Development Plan" as
521177.3 CAMALC 1011101 3:34 PM
defined in the Agreement) as a site specific development plan creating vested property rights to
develop the Property as set forth therein; and 0
WHEREAS, it is the intent of the Town Council that approval of the Agreement,
together with approval of the elements of the "Development Plan" (as defined in the Agreement),
will constitute approval of a site specific development plan establishing a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended; and
WHEREAS, approval of the Agreement is in the best interests of the public health,
safety and general welfare of the people of the Town; and
WHEREAS, the Town Council held public hearings at which it received evidence
and testimony concerning the Agreement, at the conclusion of which the Town Council considered
such evidence and testimony so introduced and by this Ordinance sets forth its findings of fact and
conclusions.
THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND
CONCLUSIONS:
1. The Agreement complies with all applicable laws and regulations of the
State of Colorado and the Town, including, without limitation, Article 68 of Title 24, C.R.S.
2. All notices required for the public hearings at which the Town Council
considered the Agreement were properly and timely published, posted or mailed in accordance with
all applicable laws and regulations of the State of Colorado and the Town. 0
3. All public hearings at which the Town Council considered the Agreement
were held and conducted in accordance with all applicable laws and regulations of the State of
Colorado and the Town.
4. The Town has authority to enter into the Agreement pursuant to
Sections 24-68-104(2) and 31-15-101, C.R.S., and pursuant to Section 17.14. 100 of the Avon
Municipal Code.
5. The Town's approval of and entering into the Agreement is in the best
interests of the public health, safety and general welfare of the people of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO THAT:
Section 1. Approval of the Agreement, together with approval of the
"Development Plan" (as defined in the Agreement), is hereby designated as the
site specific development plan for the Property.
Section 2. The Agreement is hereby approved and the Town shall enter into the
Agreement and perform its obligations under the Agreement.
v
521177.3 CAMALC 1011/01 3'.26 PM 2
Section 3. The Mayor of the Town of Avon, is hereby authorized to sign the
Agreement on behalf of the Town.
Section 4. Approval of the Agreement together with approval of
"Development Plan" (as defined in the Agreement), hereby constitutes approval of
a site specific development plan establishing a vested property right pursuant to
Article 68 of Title 24, C.R.S., as amended.
Section 5. Within fourteen (14) days after passage on Second Reading of this
Ordinance, the Town Clerk be and is hereby authorized and directed to:
A. Publish the full text of this Ordinance in a newspaper of general
circulation within the Town of Avon (either the Vail Valley Times or the
Eagle Valley Enterprise, or both); and
B. Concurrently with the publication required in Section 5.A. above, publish
a notice that complies with the requirement of Section 24-68-103(1),
C.R.S. to advise the general public that approval of the Agreement
pursuant to this Ordinance, together with approval of the "Development
Plan" (as defined in the Agreement), constitutes approval of a site specific
development plan establishing a vested property right in accordance with
the terms and conditions of the Agreement and pursuant to Article 68 of
Title 24, C.R.S., as amended.
Section 6. The effective date of this Ordinance shall be seven (7) days after
publication of the notice described in Section 5.A. above.
INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED
this _ day of , 2001 and a public hearing on this ordinance shall be held at the
regular meeting of the Town Council of the Town of Avon, Colorado, on the day of
, 2001 at p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon,
Colorado.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
Attest:
Kris Nash
Town Clerk
521177.3 CAMALC IM/OI 326 PM 3
INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED
PUBLISHED this day of , 2001.
TOWN OF AVON
By:
Judy Yoder
Mayor of the Town of Avon, Colorado
Attest:
Kris Nash
Town Clerk
APPROVED AS TO FORM:
Burt Levin, Esq.
Town Attorney
11
521177,3 CAMALC 10/1/01 326 PM 4
E
CERTIFICATE OF PUBLICATION
I, Kris Nash, Town Clerk of the Town of Avon, hereby certify that a true and full
copy of Ordinance Number 0l and the site specific development plan notice were published
in , a newspaper of general circulation in the Town of Avon, on
2001. A copy of the published text is attached hereto.
Date:
Kris Nash
Town Clerk
11
11
521177.3 CAMALC 1011101 326 PM
ANNEXATION, DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT
FOR
MCGRADY ACRES ANNEXATION
BY AND BETWEEN
THE TOWN OF AVON
AND
EMD LIMITED LIABILITY COMPANY
TRAER CREEK LLC
AND
TRAER CREEK METROPOLITAN DISTRICT
, 2001
Approval of this plan constitutes a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended.
11
E
518060.6 MiAYER 10/4/015:30 PM
ANNEXATION, DEVELOPMENT AND
SUBDIVISION IMPROVEMENT AGREEMENT
THIS ANNEXATION, DEVELOPMENT AND SUBDIVISION
IMPROVEMENT AGREEMENT (this "Agreement") is made and entered into as of
, 2001 by and between EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company ("EMD"), TRAER CREEK LLC, a Colorado limited liability
company ("Traer"), TRAER CREEK METROPOLITAN DISTRICT ("TCMD"), and the
TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town").
RECITALS
A. EMD and Traer are each limited liability companies, duly organized and
in good standing under the laws of the State of Colorado.
B. Owner (defined in Section 1.1(1) hereof) owns the Property (defined in
Section 1.1(n) hereof) and desires to obtain annexation and zoning of the Property in order to
develop the Property in a manner consistent with the uses and development criteria established
by the Town's Neighborhood Commercial Zone District and to facilitate construction by TCMD
of the Highway 6 Connector Road (defined in Section 1.1(h) hereof) and related public
improvements as required by and defined in the Village Annexation Agreement (defined in
Section 1.1(u) hereof).
C. Traer is the successor to certain of the entities which constituted the
"Owner" under the Village Annexation Agreement, and TCMD has assumed certain obligations
under the Village Annexation Agreement to finance and construct certain public improvements.
D. Owner has submitted to the Town the "Annexation Petition," the "Zoning
Application" and the "Subdivision Application" (as such terms are defined in Sections 1.1(a),
1.1(x) and 1.1(p) hereof). The Annexation Petition requests annexation of the Property and of
certain real property owned by the Town, and of certain existing public transportation
rights-of-way necessary for construction of the Highway 6 Connector Road and related public
improvements.
E. If the Annexation Property is annexed to the Town, the Town will have
the authority to zone the Property and approve the subdivision of the Property in accordance with
this Agreement and applicable Town requirements and policies. Furthermore, the Town will
have the authority to provide for the orderly development of the Project (defined in
Section 1.1(m) hereof) and the vesting of certain property development rights concerning the
Property.
F. Development of the Project is integral to the performance of certain public
improvement obligations as required by the Village Annexation Agreement, and will require
large investments in infrastructure improvements and public facilities (which may include offsite
18 improvements), including, without limitation, roads, drainage facilities, water lines, sewer lines,
and similar public improvements which will serve the needs of the Project, TCMD, and the
518060.6 N"YER 10/4/015:30 PM
Town. Completion of these improvements and facilities will require substantial investments by
Owner and/or TCMD. Such investments can be supported only if there are assurances that the
development of the Project, once approved by the Town, will be allowed to proceed to ultimate
completion as contemplated by the Village Annexation Agreement and as provided in this
Agreement.
G. The Project may contribute substantially to the economic growth of the
Town and, consequently, may increase tax revenues to the Town. The Town desires to annex the
Annexation Property in order to provide for orderly growth in and around the Town. In
particular, the Town and Owner acknowledge that it is necessary and desirable that the Town
acquire jurisdiction over the Project in order to assure that the Highway 6 Connector Road and
related public improvements are constructed under the Town's regulatory authority in the
manner contemplated by the Village Annexation Agreement and by this Agreement.
H. The Vested Property Rights Statute (defined in Section 1.1(t) hereof)
authorizes the Town to enter into development agreements with landowners providing for
vesting of property development rights. Consistent with the Vested Property Rights Statute,
Chapter 17.14 of the Municipal Code authorizes the Town to enter into development agreements
with landowners providing for the vesting of property development rights.
1. Development of the Project in accordance with the terms and conditions of
this Agreement will further the Town's objectives in entering into the Village Annexation
Agreement, and will achieve the goals and purposes for which the Vested Property Rights
Statute and Chapter 17.14 of the Municipal Code (defined in Section 1.10)) were enacted. In
exchange for these benefits and the other benefits to the Town contemplated by this Agreement,
together with the public benefits served by the orderly development of the Project, Owner desires
to receive the assurance that it may proceed with development of the Project pursuant to the
terms and conditions contained in this Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants set
forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, Owner and the Town agree as follows:
ARTICLE 1
Definitions and General Provisions
indicated:
1.1 Definitions. The following terms and references shall have the meanings
(a) Annexation Petition: The petition for annexation which Owner
filed with the Town on August 2, 2001.
(b) Annexation Property: The real property which is legally described
in Exhibit A of the Annexation Petition.
n
518060.6 MLAM 10/4/01 5:30 PM 3
(c) Development Parcels: Lots 2 and 3, as depicted in and to be
established by the Subdivision Application.
(d) Development Plan: Collectively, the Subdivision Application, the
Zoning Application, and this Agreement, together with the applicable portions of the
Village SIA and the Village Final Plat.
(e) Effective Date: The effective date of the Town Council ordinance
approving this Agreement.
(f) Exhibits: The following Exhibits to this Agreement, all of which
are incorporated by reference into and made a part of this Agreement:
Exhibit A - Legal Description of the Property
(g) Final Approval: The 40th day following the effective date of the
latest of the ordinances or resolutions by which Town Council approves (a) this
Agreement, (b) the annexation of the Property to the Town, (c) the Zoning Application,
or (d) the Subdivision Aptelication. Final Approval shall be deemed not to have occurred
if on or before such 40 day either (i) any legal proceeding challenging any of such
approvals is commenced, or (ii) any petition for a referendum seeking to reverse or
nullify any of such approvals is duly filed; unless in the case of either (i) or (ii) above,
Owner elects not to terminate this Agreement pursuant to Section 2.3, and such legal
proceedings or referenda are concluded or resolved affirming such approvals within a
period of time acceptable to Owner in its sole discretion.
(h) Highway -6 Connector Road: As generally described in the Village
Annexation Agreement, the road required by the Village Annexation Agreement to be
constructed to provide a connection between the Interstate 70 Interchange and
Highway 6.
(i) Interstate 70 Interchange: As generally described in the Village
Annexation Agreement, a full diamond interchange required by the Village Annexation
Agreement to be constructed on Interstate 70.
0) Municipal Code: The Town's Municipal Code, as in effect from
time to time.
(k) Municipal Services: All municipal services to be provided to the
Project, including, without limitation, police protection, snow removal and road
maintenance, building code enforcement, bus transportation services and other
administrative services equivalent to those provided to any other area of the Town.
(1) Owner: Collectively, EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company, and TRAER CREEK LLC, a Colorado limited
liability company, and their respective successors and assigns.
E
518060.6 MLAYER 10/4/015:30 PM 4
(m) Project: Development of the Property and construction of the
portion of the Highway 6 Connector Road and related public and private improvements
located within the area of the Annexation Property, pursuant to the Development Plan.
(n) Property: The real property located in unincorporated Eagle
County, Colorado, and more particularly described on Exhibit A attached to this
Agreement.
(o) Public Improvement Obligations: Collectively, the public
improvement obligations, including the provision of security to assure completion of such
public improvements, required pursuant to Section 16.24.100 of the Municipal Code in
connection with approval of the Subdivision Application to be constructed within the area
of the Annexation Property, which public improvements and security therefore, together
with the approved design, engineering and technical criteria and standards, shall be as set
forth in the Village SIA, pursuant to the terms and conditions of this Agreement.
(p) Subdivision Application: Collectively, (i) the preliminary plan
which Town Council approved on September 25, 2001, pursuant to Resolution 01-26,
Series of 2001; and (ii) the final plat application submitted to the Town on [],
2001, for review and final action contemporaneously with Town Council's final action on
the Annexation Petition, as such preliminary plan and final plat may subsequently be
amended.
(q) Town: The Town of Avon, a municipal corporation of the State of
Colorado. 0
(r) Town Council: The Town Council of the Town.
(s) Vested Property Rights: As defined in Section 3.4 and established
pursuant to the terms and conditions of this Agreement in accordance with the Vested
Property Rights Statute and Chapter 17.14 of the Municipal Code.
(t) Vested ProperlyyRi_ghts Statute: Sections 24-68-101, et seq. of the
Colorado Revised Statutes, as amended.
(u) Village Annexation Agreement: That certain Annexation and
Development Agreement, dated as of October 13, 1998, and recorded in the Eagle
County, Colorado, real property records on November 25, 1998, at Reception
No. 677743, as amended of record.
(v) Village Final Plat: The Village (at Avon) Filing 1 final plat (the
application which is anticipated to be considered by Town Council after the effective date
of this Agreement) as approved by Town Council and placed of record.
(w) Village SIA: The subdivision improvements agreement to be
executed by Traer, TCMD, and the Town in connection with the Village Final Plat, as
approved by Town Council and placed of record (anticipated to occur after the effective
518060.6 MLAYER 10/4/01 5:30 PM
date of this Agreement), together with all construction and engineering drawings and
technical standards approved in connection therewith.
(x) Zoning Application: The Neighborhood Commercial Zone District
zoning application for the Development Parcels, submitted to the Town on August 2,
2001, and to be considered and acted upon by Town Council as Ordinance No. 01-08,
Series of 2001.
1.2 Covenants. The provisions of this Agreement shall constitute covenants
or servitudes which shall touch, attach to and run with the land comprising the Property, and the
burdens and benefits of this Agreement shall bind and inure to the benefit of all estates and
interests in the Property and all successors in interest to the parties to this Agreement, except as
otherwise provided in Section 1.4.
1.3 Term. In recognition of the importance of the development contemplated
under this Agreement in implementing and realizing the public benefits contemplated in the
Village Annexation Agreement which are dependent on development of the Project, the
substantial investment and time required to complete the development of the Project, and the
possible impact of economic cycles and varying market conditions during the course of
development, the term of the Vested Property Rights established under this Agreement shall
commence on the Effective Date and shall continue until the twentieth (20th) anniversary of the
Effective Date. After the expiration of the foregoing term, the Vested Property Rights
established by this Agreement shall be deemed terminated and of no further force or effect;
provided, however, that such termination shall not effect (a) the annexation of the Property to the
Town; (b) any additional common law or other form of vested rights obtained prior to such
termination, or (c) any right arising from Town permits, approvals or other entitlements for the
Property or the Project which were granted or approved prior to, concurrently with, or
subsequent to the approval of this Agreement, the Subdivision Application, or the Zoning
Application.
1.4 Amendment of Agreement. Except as otherwise set forth in this
Agreement, this Agreement may be amended or terminated only by mutual consent in writing of
the Town and Owner following the public notice and public hearing procedures required for
approval of this Agreement. For the purposes of any amendment to this Agreement, "Owner"
shall mean only the signatories to this Agreement constituting Owner and those parties, if any, to
whom such signatories have specifically granted, in writing, the power to enter into such
amendment.
1.5 Cooperation in Defending Legal Challenges. If any legal or equitable
action or other proceeding is commenced by a third party challenging the validity of any
provision of this Agreement, the zoning of the Property, and/or the subdivision of the Property,
Owner and the Town shall cooperate in defending such action or proceeding and to bear their
own expenses in connection therewith. Unless the Town and Owner otherwise agree, each party
shall select and pay its own legal counsel to represent it in connection with such action or
proceeding.
11
518060.6 W AYM 1014101 5:30 PM 6
ARTICLE 2
Annexation of the Property
2.1 Annexation. Annexation of the Property shall be in accordance with the
terms and conditions of this Agreement and the Colorado Municipal Annexation Act of 1965, as
amended (C.R.S. §§ 31-12-101, et seq.).
2.2 Conditions Precedent. Annexation of the Property to the Town shall not
be made effective pursuant to C.R.S. § 31-12-113(2)(b) until the following conditions have been
satisfied: (a) Owner, TCMD and the Town have mutually executed and delivered this
Agreement; and (b) Final Approval has occurred.
2.3 Failure of Conditions. Until all of the conditions set forth in Section 2.2
have been satisfied, Owner may withdraw the Annexation Petition. If Owner withdraws the
Annexation Petition, or if Final Approval does not occur, then the Property shall be deemed not
annexed to the Town, the Vested Property Rights described in this Agreement shall be deemed
not established, and all obligations of the Town, TCMD and Owner under this Agreement which
are to be performed after the annexation becomes effective shall be deemed void and of no force
or effect.
ARTICLE 3
ZoninE and Vested Rights
3.1 Zoning. The Development Parcels shall be zoned Neighborhood
Commercial as provided in this Agreement and in the Zoning Application. Tracts A and B as
depicted in the Subdivision Application shall be zoned to accommodate their use as a public is
right-of-way.
3.2 Subdivision and Subdivision Improvements Agreement. The Annexation
Property shall be platted as set forth in the Subdivision Application, subject to the following
provisions:
(a) Ownership of Lots. Upon completion of the subdivision process,
the Town will be the sole owner of Lot 1, Traer will be the sole owner of the
Development Parcels, and ownership of Tract A, Tract B, and other public rights-of-way
situate within the Property shall be as otherwise provided in Section 4.1 of this
Agreement. In connection with recordation of the final plat approved as part of the
Subdivision Application, the Town, Traer, EMD and TCMD shall, in addition to any
specific obligations otherwise established in this Agreement, execute, deliver and record
such documents and instruments as may be required to assure that fee simple absolute
title to Lot 1 is vested in the Town, and that fee simple absolute title to the Development
Parcels is vested in Traer. The parties contemplate that TCMD will own Tracts A and B
unless and until TCMD conveys either tract as contemplated in other provisions of this
Agreement.
(b) Security for performance of Public Improvement Obligations.
Execution, delivery and recordation of this Agreement shall satisfy the requirement of
Section 16.24.100 of the Municipal Code with respect to the provision of a subdivision
51 SW 6 MLAYER 1014101 5:30 PM 7
improvements agreement for the Annexation Property. The Public Improvement
Obligations shall be as set forth in the Village SIA; provided, however, that the obligation
to perform the Public Improvement Obligations shall not arise unless and until final,
non-appealable approval, mutual execution and delivery, and recordation in the Eagle
County, Colorado, real property records of the Village Final Plat and the Village SIA has
occurred. Unless and until final, non-appealable approval, mutual execution and
delivery, and recordation in the Eagle County, Colorado, real property records of the
Village SIA has occurred, the following restrictions shall apply:
(i) The Town shall have no obligation to issue any building
permit for development of the Development Parcels.
(ii) After completing the conveyances described in
subparagraph (a) of this Section 3.2, and except as otherwise provided in this
sub-subparagraph (ii), Traer shall be restricted from conveying the Development
Parcels to any third party, which restriction on conveyance shall be specifically
enforceable by the Town and is hereby made a covenant running with title to the
Development Parcels. Notwithstanding the foregoing, upon providing prior
written notice thereof to the Town, Traer may convey one or both lots constituting
the Development Parcels to an affiliate of Traer for tax planning or similar
purposes. For purposes hereof, "affiliate of Traer" shall mean any member of
Traer and any entity in which Traer or any member of Traer holds at least a 50%
interest. The notice of such conveyance shall be delivered to the Town at least
fifteen (15) days prior to the conveyance, and shall describe the relationship of the
® affiliate to Traer in sufficient detail for the Town to confirm that the affiliate
meets the definition set forth herein. The Town may object to such conveyance
only on the basis that the proposed transferee is not an affiliate as defined herein.
If the Town provides written notice within the fifteen (15) day period that it
objects to the conveyance on that basis, Traer shall not effect the conveyance
unless and until the Town withdraws its objection or it is otherwise established
that the transferee meets the definition of affiliate set forth herein.
Upon recordation of the Village SIA, the Town shall execute and deliver to Traer for
recordation a memorandum sufficient to provide record notice that the restriction on
conveyance described in the foregoing sub-subparagraph (ii) is released and of no further
force or effect.
3.3 Vesting of Property Rights. This Agreement, the Zoning Application, and
the Subdivision Application, collectively, constitute an approved "site-specific development
plan" as defined in the Vested Property Rights Statute and Section 17.14.100 of the Municipal
Code. The owners of the Property shall have Vested Property Rights to undertake and complete
development and use of the Property and the Project as provided in the Development Plan.
Pursuant to Section 17.14.050 of the Municipal Code:
Approval of this plan constitutes a vested property right
pursuant to Article 68 of Title 24, C.R.S., as amended.
518060.6 MLAYER 1014101 5:30 PM 8
3.4 Property Rights Vested. The rights identified below shall constitute the
Vested Property Rights under this Agreement:
(a) The right to develop, plan and engage in land uses within the
Property and the Project in the manner and to the extent set forth in and pursuant to the
Development Plan.
(b) The right to develop, plan and engage in land uses within the
Property and the Project in accordance with the densities, physical development standards
and other physical parameters set forth in the Development Plan.
(c) The right to develop the Project in the order, at the rate and at the
time as market conditions dictate, subject to the terms and conditions of the Development
Plan.
(d) The right to develop and complete the development of the Project
(including, without limitation, the right to receive all Town approvals necessary for the
development of the Project) with conditions, standards and dedications which are no
more onerous than those imposed by the Town upon other developers in the Town on a
uniform, non-discriminatory and consistent basis, and subject only to the exactions and
requirements set forth in the Development Plan; provided that such conditions, standards
and dedications shall not directly or indirectly have the effect of materially and adversely
altering, impairing, preventing, diminishing, imposing a moratorium on development,
delaying or otherwise adversely affecting any of the Owner's rights set forth in the
Development Plan.
(e) The Town shall not initiate any zoning, land use or other legal or
administrative action that would directly or indirectly have the effect of materially and
adversely altering, impairing, preventing, diminishing, imposing a moratorium on
development, delaying or otherwise adversely affecting any of the Owner's rights set
forth in the Development Plan.
3.5 No Obligation to Develop. Except as the Village Annexation Agreement
provides otherwise, Owner shall have no obligation to develop all or any portion of the Project
and shall have no liability to the Town or any other party for its failure to develop all or any part
of the Project.
3.6 Compliance with General Regulations. Except as otherwise provided in
this Agreement, the establishment of Vested Property Rights under this Agreement shall not
preclude the application on a uniform and non-discriminatory basis of Town regulations of
general applicability (including, but not limited to, building, fire, plumbing, electrical and
mechanical codes, the Municipal Code, and other Town rules and regulations) or the application
of state or federal regulations, as all of such regulations exist on the date of this Agreement or
may be enacted or amended after the date of this Agreement; provided, however, that such newly
enacted or amended Town regulations shall not directly or indirectly have the effect of materially
and adversely altering, impairing, preventing, diminishing, imposing a moratorium on
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5 18060.6 MLAYU 10/4/01 5:30 PM 9
development, delaying or otherwise adversely affecting any of Owner's Vested Property Rights.
Owner does not waive its right to oppose the enactment or amendment of any such regulations.
ARTICLE 4
Highway 6 Connector Road and Related Public Improvements
4.1 Access: Roads. Access, ingress and egress to, from and within the Project
by public street shall be as generally depicted in the Subdivision Application and more
particularly described in the Village Final Plat and the Village SIA. Nothing set forth herein
shall prohibit or limit Owner's right to construct or maintain private roads and drives on any
portion of Owner's property. TCMD shall construct the public roads within the Project in
accordance with applicable Town standards as set forth in the Village Final Plat and the
Village SIA. The establishment of rights-of-way for and construction of public streets within the
Project shall be as set forth below.
(a) Highway 6 Connector Road. The alignment of the Highway 6
Connector Road and the configuration of the intersections of the Highway 6 Connector
Road with the other public rights-of-way within the Project shall be as set forth in the
Village Final Plat and the Village SIA. As more particularly set forth in the Village
Annexation Agreement, and pursuant to the terms and conditions thereof, TCMD shall
own the Highway 6 Connector Road right-of-way and shall construct and own the
improvements within the Highway 6 Connector Road right-of-way. In order to facilitate
construction of the Highway 6 Connector Road, TCMD shall endeavor to assemble the
requisite right-of-way by a combination of one or more of the following means:
(i) acquisition from the County of Eagle of those portions of the Property consisting of
existing dedicated public rights-of-way situate within the proposed Highway 6 Connector
Road alignment, (ii) conveyance from Owner of Tract A as depicted in the Subdivision
Application, and (iii) acquisition from the owner thereof, whether by condemnation or
conveyance in lieu thereof, of any additional property situate within the proposed
Highway 6 Connector Road right-of-way. During the period of TCMD's ownership of
the Highway 6 Connector Road right-of-way and improvements, pursuant to the terms
and conditions of the Village Annexation Agreement, the Town shall maintain the
Highway 6 Connector Road and the Town shall calculate and TCMD shall reimburse the
Town for such services in the same manner as provided in the Village Annexation
Agreement for roads located within the Village (at Avon).
(b) Nottingham Ranch Road. In order to facilitate construction of the
Highway 6 Connector Road, TCMD shall endeavor to acquire from the County of Eagle
the existing right-of-way for Nottingham Ranch Road as dedicated by previously
approved subdivision plats. Upon acquiring the requisite rights-of-way as provide herein,
TCMD shall realign Nottingham Ranch Road as generally depicted in the Subdivision
Application and, with respect to the intersection with the Highway 6 Connector Road, as
more particularly set forth the Village Final Plat and the Village SIA. Those portions of
the existing Nottingham Ranch Road right-of-way which are within the proposed
Highway 6 Connector Road right-of-way shall be subject to the provisions of
subparagraph (a) above. Upon completion of the Highway 6 Connector Road and related
re-alignment of Nottingham Ranch Road as provided for herein, TCMD shall convey to
518060.6 MLAYER 10/4/01 5:30 PM 10
the Town by quit claim deed, or otherwise dedicate to the Town, those portions of the
existing Nottingham Ranch Road right-of-way which are not within the proposed
Highway 6 Connector Road right-of-way, and which continue to be utilized as public
right-of-way for the realigned Nottingham Ranch Road. From and after such conveyance
or dedication, the Town shall own and maintain all improvements within the Nottingham
Ranch Road right-of-way as realigned. Notwithstanding the foregoing, however, TCMD
shall retain Tract B, and reserves the right to convey Tract B to an adjacent property
owner if, in the sole and absolute determination of TCMD's board of directors, such
conveyance will facilitate acquisition of the requisite public rights-of-way or is otherwise
in the public interest. In connection with any such conveyance and upon receipt of a
request from TCMD, the Town Council shall consider and promptly take final action on
an ordinance disconnecting Tract B in accordance with Section 31-12-501 C.R.S., as
amended.
(c) Eagle Bend Drive. In order to facilitate construction of the
Highway 6 Connector Road and related public improvements, TCMD shall endeavor to
acquire from the County of Eagle the existing right-of-way for the portion of Eagle Bend
Drive situate within the Property as dedicated by previously approved subdivision plats.
Upon acquiring the requisite rights-of-way as provide herein and completing construction
of the bridge to be constructed over the Eagle River as provided in the Village SIA,
TCMD shall realign and otherwise re-configure Eagle Bend Drive as depicted in the
Subdivision Application and, as applicable, in the Village Final Plat, and the Village SIA.
Those portions of the existing Eagle Bend Drive right-of-way which are within the
proposed Highway 6 Connector Road right-of-way shall be subject to the provisions of
subparagraph (a) above. Upon completion of the Highway 6 Connector Road and related
realignment and reconfiguration of Eagle Bend Drive, as generally provided herein,
TCMD shall convey to the Town by quit claim deed or otherwise dedicate to the Town
those portions of the existing Eagle Bend Drive right-of-way which are not within the
proposed Highway 6 Connector Road and which continue to be utilized as public
right-of-way for the realigned Eagle Bend Drive. From and after such conveyance or
dedication, the Town shall thereafter own and maintain all improvements within the
Eagle Bend Drive right-of-way as realigned and reconfigured. With respect to the
portion of current Eagle Bend Drive right-of-way which is neither conveyed or dedicated
to the Town, as required above, nor situate within the proposed Highway 6 Connector
Road right-of-way, following completion of the realignment and reconfiguration of Eagle
Bend Drive, (i) TCMD shall convey to Traer any such portion which is situate within the
Development Parcels, and (ii) TCMD shall convey to the Town any such portion which is
situate within Lot 1, as depicted in the Subdivision Application.
4.2 Municipal Services. Except as this Agreement expressly provides
otherwise, the Town shall provide all Municipal Services to the Property on a uniform and
non-discriminatory basis, upon the same terms and conditions as such services are provided to
other areas within the Town.
v
518060.6 MLAYER 10/4/01 5,30 PM I 1
ARTICLE 5
Default; Remedies; Termination
5.1 Default by Town. A "breach" or "default" by the Town under this
Agreement shall be defined as: (a) any zoning, land use or other action or inaction, direct,
indirect or pursuant to an initiated measure, taken without Owner's consent, that alters, impairs,
prevents, diminishes, imposes a moratorium on development, delays or otherwise materially and
adversely affects any development, use or other rights of Owner under the Development
Agreement; or (b) the Town's failure to fulfill or perform any material obligation of the Town
contained in this Agreement.
5.2 Default by Owner or by TCMD. A "breach" or "default" by Owner or by
TCMD shall be defined as a failure to fulfill or perform any material obligation of that party
contained in this Agreement.
5.3 Notices of Default. If any party defaults under this Agreement, the
non-defaulting party or parties shall deliver written notice to the defaulting party or parties of
such default, at the address specified in Section 6.8, and the defaulting party or parties shall have
30 days from and after receipt of such notice to cure such default. If such default is not of a type
which can be cured within such 30-day period and the defaulting party or parties gives written
notice to the non-defaulting party or parties within such 30-day period that it is actively and
diligently pursuing such cure, the defaulting party or parties shall have a reasonable period of
time given the nature of the default following the end of such 30-day period to cure such default,
provided that such defaulting party is at all times within such additional time period actively and
® diligently pursuing such cure.
5.4 Remedies.
(a) If any default under this Agreement is not cured as described
above, the non-defaulting party or parties shall have the right to enforce the defaulting
party's obligations hereunder by an action for any equitable remedy, including injunction
and/or specific performance, and/or an action to recover damages. Each remedy provided
for in this Agreement is cumulative and is in addition to every other remedy provided for
in this Agreement or otherwise existing at law, in equity or by statute.
(b) The Town acknowledges that since this Agreement constitutes a
development agreement which confers Vested Property Rights for a period exceeding
three years, if the Town breaches or defaults hereunder, in addition to any of the
foregoing remedies, Owner shall be entitled to:
(i) recover from the Town any damages that would have been
specifically available to Owner as contemplated in Colorado Revised Statutes
Section 24-68-105(1)(c) as in effect on the Effective Date, plus any other and
additional damages provable at law; and
(ii) cause the Property, or any portion thereof designated by
Owner, to be disconnected from the Town.
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518060.6 MLAYER 1074!01 5:30 PM 12
ARTICLE 6
Miscellaneous
6.1 Applicable Law. This Agreement shall be construed and enforced in
accordance with the laws of the State of Colorado.
6.2 No Joint Venture or Partnership. No form of joint venture or partnership
exists between the Town, TCMD and/or Owner, and nothing contained in this Agreement shall
be construed as making the Town, TCMD and/or Owner joint venturers or partners.
6.3 Expenses. Except as otherwise provided in this Agreement, Owner and
the Town shall each bear their respective costs and expenses associated with entering into,
implementing and enforcing the terms of this Agreement.
6.4 Waiver. No waiver of one or more of the terms of this Agreement shall
constitute a waiver of other terms. No waiver of any provision of this Agreement in any instance
shall constitute a waiver of such provision in other instances.
6.5 Town Findings. Town hereby finds and determines that execution of this
Agreement is in the best interests of the public health, safety, and general welfare and the
provisions of this Agreement are consistent with the Town's comprehensive plan, development
regulations and policies.
6.6 Severabilily. If any term, provision, covenant or condition of this
Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the
remaining provisions of this Agreement shall continue in full force and effect so long as
enforcement of the remaining provisions would not be inequitable to the party against whom
they are being enforced under the facts and circumstances then pertaining.
6.7 Further Assurances. Each party shall execute and deliver to the other all
such other further instruments and documents as may be reasonably necessary to carry out this
Agreement in order to provide and secure to the other party the full and complete enjoyment of
its rights and privileges under this Agreement.
6.8 Notices. Any notice or communication required under this Agreement
between the Town and Owner must be in writing, and may be given either personally or by
registered or certified mail, return receipt requested. If given by registered or certified mail, the
same shall be deemed to have been given and received on the first to occur of (i) actual receipt
by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five
days after a registered or certified letter containing such notice, properly addressed, with postage
prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed
to have been given when delivered to the party to whom it is addressed. Any party hereto may at
any time, by giving written notice to the other party hereto as provided in this Section, designate
additional persons to whom notices or communications shall be given, and designate any other
address in substitution of the address to which such notice or communication shall be given.
Such notices or communications shall be given to the parties at their addresses set forth below:
518060.6 MLAYER 10/4/01 5:30 PM 13
If to Town:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attention: Town Manager
With a required copy to:
Town of Avon
P.O. Box 975
400 Benchmark Road
Avon, Colorado 81620
Attention: Town Attorney
If to Owner, by mail delivery:
Traer Creek LLC
P.O. Box 640
Vail, Colorado 81658
Attention: William J. Post, Esq.
EMD Limited Liability Company
P.O. Box 640
Vail, Colorado 81658
Attention: William J. Post, Esq.
Or, for delivery other than by mail,
Traer Creek LLC
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attention: William J. Post, Esq.
EMD Limited Liability Company
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attention: William J. Post, Esq.
With a required copy to:
Otten, Johnson, Robinson, Neff & Ragonetti, P.C.
950 17'' Street, Suite 1600
Denver, Colorado 80202
Attention: Munsey L. Ayers, Esq.
518060.6 MLAYER 1014101 5:30 PM 14
If to TCMD by mail delivery
Traer Creek Metropolitan District
P.O. Box 640
Vail, Colorado 81658
Attention: President
Or, for delivery other than by mail
Traer Creek Metropolitan District
0322 East Beaver Creek Blvd.
Avon, Colorado 81620
Attention: President
With a required copy to:
Traer Creek Metropolitan District
c/o McGeady & Sisneros, P.C.
1675 Broadway
Suite 2100
Denver, Colorado 80202
Attention: Darlene Sisneros, Esq.
6.9 Assignment. This Agreement shall be binding upon and, except as
otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or
the legal representatives of the parties hereto. Owner shall have the right to assign or transfer all
or any portion of its interests, rights or obligations under this Agreement to third parties
acquiring an interest or estate in the Property, including, but not limited to, purchasers or long
term ground lessees of individual lots, parcels, or of any improvements now or hereafter located
within the Property, provided that to the extent Owner assigns any of its obligations under this
Agreement, the assignee of such obligations shall expressly assume such obligations. The
express assumption of any of Owner's obligations under this Agreement by its assignee or
transferee shall thereby relieve Owner of any further obligations under this Agreement with
respect to the matter so assumed.
6.10 Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed to be an original and all of which taken together shall constitute
one and the same agreement.
6.11 Recitals. The recitals hereof are hereby incorporated herein by this
reference and made substantive provisions of this Agreement.
C]
516060.6 MLAYER 10/4101 5:30 PM 15
IN WITNESS WHEREOF, Owner and the Town have executed this Agreement
® as of the date first written above.
OWNER:
TRAER CREEK LLC, a Colorado limited liability
company
By:
Name: Magnus Lindholm
Title: Manager
EMD LIMITED LIABILITY COMPANY, a
Colorado limited liability company
By: LAVA CORPORATION, a Colorado
corporation, Manager
By: _
Name:
Title:
Magnus Lindholm
President
TCMD:
TRAER CREEK METROPOLITAN DISTRICT, a
quasi-municipal corporation and political
subdivision of the State of Colorado
By:
Name: William J. Post
Title: President
ATTEST:
By:
Name:
Title: Secretary
518060.6 MLAYER 10/4/01 5:30 PM 16
THE TOWN:
TOWN OF AVON, a municipal corporation of the
State of Colorado
Name:
Title: Mayor
Approved as to legal form by:
Name:
Title: Town Attorney
STATE OF COLORADO
ss:
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
, 2001, by Magnus Lindholm, as Manager of Traer Creek LLC, a Colorado
limited liability company.
Witness my hand and official seal.
My commission expires:
Notary Public
518660.6 MLAYER 10/"15:30 PM 1
STATE OF COLORADO
0 COUNTY OF
ss:
The foregoing instrument was acknowledged before me this day of
, 2001, by Magnus Lindholm, as President of LAVA Corporation, a Colorado
corporation, as Manager of EMD Limited Liability Company, a Colorado limited liability
company.
Witness my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO
ss:
0 COUNTY OF
The foregoing instrument was acknowledged before me this day of
, 2001, by William J. Post, as President of Traer Creek Metropolitan District, a
quasi-municipal corporation and political subdivision of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
518660.6 MLAYER 1014/61 5:30 PM
18
STATE OF COLORADO
COUNTY OF
ss:
The foregoing instrument was acknowledged before me this day of
, 2001, by , as Mayor of the Town
of Avon, a municipal corporation of the State of Colorado.
Witness my hand and official seal.
My commission expires:
Notary Public
C
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11
518060.6 MLAM 10/4/015:30 PM 19
EXHIBIT A
Legal Description of the Property
Lots 2, 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in Book 558 at
Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder.
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518060.6 MLAYM 10l4J01 5:30 PM A-1
MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL
HELD SEPTEMBER 25, 2001
A regular meeting of the Town of Avon, Colorado was held in the Municipal Building,
400 Benchmark Road, Avon, Colorado in the Council Chambers.
The meeting was called to order by Mayor Judy Yoder at 5:32 PM. A roll call was taken
with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and
Mayor Protein Buz Reynolds present. Councilor Rick Cuny was absent. Also present
were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager
Larry Brooks, Town Clerk Kris Nash, Human Resource Director Jacquie Halburnt, Town
Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry
Taylor, Director of Community Development Ruth Borne, Police Sergeant Bernie
McGovern, Youth Activities Director Ron Moreno, as well as members of the press and
public.
Citizen Input:
Victim's Benefit Run
Ms. Linda Jones informed the Council of the Run for Strength, Courage and Hope. She
stated that she put the benefit together to benefit the United Way September 1 Ith fund.
The event will take place on Saturday, October 6th in Nottingham Park.
Citizen Input:
Real Estate Transfer Tax Appeal, 5183 Longsun Lane
Councilor McDevitt stepped down from the bench due to conflict of interest
Mr. Michael Hayes, owner of 5183 Longsun Lane, stated that he purchased his home
around August 1St and was unaware of the transfer tax exemption. He stated that he
found out about the exemption when he went to get a mortgage after closing.
Mayor Yoder asked if Mr. Hayes used a local title company, which is generally relied
upon to inform the purchaser of the transfer tax exemption. Mr. Hayes stated that he
went through Stewart Title.
Mayor Protem Reynolds stated that the title company has been given information
numerous times telling them that they are responsible for telling their clients. Mr. Hayes
stated that they did not do that.
r]
L,
Mr. Hayes stated that he closed around the 1St of August and about the 1 lih he was
informed about the exemption. He stated that when he came to the office to pick up the
application and read it, he realized that he was after the specified date for filing but was
told that he should at least apply and then appeal to the Town Council. He stated that he
has made a commitment to be in Avon, and is not going anywhere. He also has a
business in the Brookside building. He added that Avon is going to be his home.
Councilor Debbie Buckley motioned to approve the appeal of the real estate transfer tax.
Councilor Brown seconded the motion. The motion carried unanimously.
Citizen Input:
Public Hearing - McGrady Acres Annexation
Mayor Yoder described the process for the meeting. She stated that the public hearing
for the annexation will be first. This is only a public hearing as to whether or not it meets
the legal criteria for annexation. Second will be first reading of an ordinance approving
the zoning. That issue is not a public hearing. Then.there will be a public hearing on a
resolution for the preliminary subdivision plan for the resubdivision of McGrady Acres.
Town Attorney Levin stated that this is a public hearing on the McGrady Acres
annexation petition. He stated that the procedure for annexation is a three step process
governed by Colorado State Statutes. First, the applicant submitted a petition for
annexation to the town. Second, is the hearing as to whether the annexation petition does
comply with law and if the property is eligible for annexation. Third, is the ordinance to
decide whether or not to annex the property.
Mr. Levin stated that the only requirements to determine that the property is eligible for
annexation is whether 1/6 of the land to be annexed is contiguous to the town boundaries.
He stated that approximately 1/3 of the land is contiguous. Also, they have to show a
community of interest between the land to be annexed into the town and the town land.
They have satisfied that aspect.
Mr. Levin stated that a resolution for the findings of facts will be voted on later in the
meeting. He stated the resolution states that a hearing was held, and the land is eligible
for annexation. If approved, an ordinance will go before Council at a later meeting
annexing the land.
Mr. Rick Pylman of PJ Land Planning, representing the applicant, stated that the criteria
that must be met for eligibility to annex into the town are that there is not less than 1/6 of
the perimeter of the area proposed to be annexed contiguous with the existing town
boundaries. He stated that approximately 1/3 of the land is contiguous. Also, is there a
community of interest that exists, is the property urban or can it be urbanized in the near
future, and is the area capable of being integrated with the town.
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Regular Council Meeting
September 25, 2001
Ms. Kathleen Walsh asked how this portion of the annexation will effect the lot (Lot 6)
that is not being annexed into the town. Mayor Yoder stated that it does not. Ms. Walsh
asked if that leaves a portion of land that is not in Avon, but surrounded by the town.
Mr. William Post, representing Traer Creek, LLC, stated that Lot 6 has a public road on
one side and the opposite side of the road is still county so it is not deemed surrounded by
town of Avon.
There being no further comments, Mayor Yoder closed the public hearing.
Citizen Input:
Mr. Mike Bowen, owner of Lot 6 and Lot 1, stated that he is involved in this annexation
because there is a new road that will run along Lot 6, and part of Lot 1 may be taken by a
cul-de-sac. Mr. Bowen stated that once Lot 3 has been annexed, he will be contiguous to
Avon and also the county. He stated that he would not be interested in annexing Lot 6
into Avon unless it has commercial zoning.
Councilor McDevitt asked Mr. Bowen if he would be willing to have the same conditions
put on Lot 6 as Traer Creek if he annexed into the town as neighborhood commercial.
Mr. Bowen stated on most items he would, but would have to look more closely at the
conditions.
•
Ordinances:
First Reading of Ordinance No. 01-08, Series of 2001, An Ordinance Approving Zoning
for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres
Subdivision, Town of Avon, Eagle County, Colorado
Town Engineer Norm Wood stated this is the zoning ordinance for the proposed
annexation of McGrady Acres. The zoning ordinance has been before the P&Z
Commission where a public hearing was held. It was also reviewed in conjunction with a
preliminary plan, when at the time, showed Eaglebend Drive going through and
connecting with the new Post Boulevard. At the last Town Council meeting there was
also a public hearing on this zoning ordinance where the Council received considerable
input regarding the proposed zoning as well as comments regarding the proposed
preliminary plan. The preliminary plan has since been revised to reflect a cul-de-sac at
the end of Eaglebend Drive from the proposed area. The proposed zoning still calls for
Government/Park/Employee Housing for Lot 1, which is the park. Lots 2 and 3 are
proposed as Neighborhood Commercial. Lot 3 is adjacent to and between the park and
Post Blvd., Lot 2 is on the east side of Post Blvd. away from the park.
Mr. Wood stated that Council's action, based on the public hearing and information
received, is to determine whether this is appropriate zoning for the area or if a different
Regular Council Meeting
September 25, 2001
type should be proposed. If it concurs with the neighborhood commercial zoning as
proposed, the recommendation would be to approve the ordinance on first reading. If that
is not the desire and Council feels another zoning would be appropriate, then the
recommended action would be to deny the ordinance on first reading.
Mr. William Post, representing Traer Creek, LLC, stated that the question still stands as
to whether Lot 3 should be Neighborhood Commercial or whether it should go to some
form of residential. Mr. Post stated that they have worked with the Eaglebend residents
when they asked to move the rock crusher, to not use Stonebridge Drive for a secondary
access, and also to install and pay for a cul-de-sac. He does not feel that it is good
planning to make Lot 3 residential because they will be too close to a busy road. He
stated that he does not want to build a cul-de-sac voluntarily if he is forced to put in
residential, which the Council can force him to do. Mr. Post stated that he would also
install a fence or wall between the two neighborhoods if zoned commercial. He stated
that he would do both the cul-de-sac and the fence if the property is zoned Neighborhood
Commercial.
Councilor McDevitt was concerned about allowing the commercial zoning because of the
uncertainty of Lot 6, but since the owner of Lot 6 stated that he would be willing to abide
by the same stipulations as Traer Creek, he is no longer concerned.
Mayor Protem Reynolds motioned approval of Ordinance No. 01-08, Series of 2001 on
first reading. Councilor McDevitt seconded the motion.
The Mayor asked for a roll call.
The motion carried unanimously.
Ordinances:
Second Reading of Ordinance No. 01-09, Series of 2001, An Ordinance Approving an
Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24,
Mountain Star Subdivision, Town of Avon, Eagle County, Colorado
Mayor Yoder stated that this is a public hearing.
Comm. Dev. Director Borne stated that this is the second reading of the ordinance where
Mr. Rogel is losing his development right on Lot 24 and is creating a larger lot on Lot 27.
He has an existing home on Lot 27. Staff recommends approval.
There being no comments, Mayor Yoder closed the public hearing.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-09, Series of 2001 on
second reading. Councilor Brown seconded the motion.
E
Regular Council Meeting
September 25, 2001
Mayor Protein Reynolds asked if this lot would be zoned single family or
primary/secondary. Ms. Borne stated single family.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances:
First Reading of Ordinance No. 01-10, Series of 2001, An Ordinance Amending Chapter
8.31 of the Avon Municipal Code Relating to Odor Pollution
Town Attorney Levin stated that the current ordinance that the Town has was nullified by
the Municipal Court Judge's ruling.
Councilor Debbie Buckley motioned approval of Ordinance No. 01-10, Series of 2001 on
first reading. Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Ordinances
First Reading of Ordinance No. 01-11, Series of 2001, An Ordinance Amending Chapter
8.32 of the Avon Municipal Code Relating to Penalties for Odor Pollution
Town Attorney Levin stated that this ordinance states the Town can collect no more than
$300 upon conviction of the Town's violation of the odor ordinance, which is prescribed
by State law. He stated that while the Town can have a more stringent odor ordinance,
they cannot fine more than $300 per incident.
Mayor Protein Reynolds motioned approval of Ordinance No. 01-11, Series of 2001 on
first reading. Councilor Debbie Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously
E
Regular Council Meeting
September 25, 2001
Ordinances:
First Reading of Ordinance No. 01-12, Series of 2001, An Ordinance Approving the
Barrancas Planned Unit Development (PUD) for Lots 38, 40, and 41, Block 1,
Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado
Mayor Yoder stated that this item has been tabled.
Resolutions:
Resolution No. 01-26, Series of 2001, A Resolution Approving Preliminary Subdivision
Plan for a Resubdivision of McGrady Acres, Lots 1, 2, 3, 4 and 5, Eagle County,
Colorado
Mayor Yoder stated that this is a public hearing.
Town Engineer Wood stated that this is the second presentation before Council of the
preliminary plan for the resubdivision of McGrady Acres Lots 1 through 5 in conjunction
with the proposed annexation of this section of McGrady Acres. He stated that
previously there was a request for consideration of zoning and based on public input the
recommendation was that the plan be modified to include a cul-de-sac at the end of
Eaglebend Drive and eliminate the direct connection between Eaglebend Drive and Post
Blvd. That revision has been made to the preliminary plan. He stated that it is
appropriate to continue the public hearing and take the input with regard to the revised
plan layout.
Mr. William Post, representing Traer Creek, LLC, stated that he would be available for
questions but would not make a formal presentation.
Mr. Carol Kreuger, resident of Eaglebend Drive, questioned parking on the cul-de-sac.
They would like as much green space on the cul-de-sac as possible and would like to see
no parking. Mr. Wood stated that there is no parking shown on the plan, but there is
room to incorporate parking if so desired.
Ms. Kathleen Walsh, resident of Eaglebend Drive, questioned how the lot lines were
derived under the resubdivision. She questioned how much and why the Town decided
to give a portion of Lot 1 to Traer Creek. Mr. Post stated that the actual park size will be
larger than the existing park.
Mr. Bobby Banks, resident of Eaglebend Drive, stated that where the cul-de-sac is
located wouldn't serve the rest of that lot if in fact the zoning is residential. He stated
that the land on either side of the cul-de-sac was supposed to be a buffer. The buffer
doesn't even go to the end of the cul-de-sac on the plans. He wonders how much of a
buffer it will really be. Mr. Banks stated that Traer Creek is going to have to build a road
either way and we are saving them money asking them to build the cul-de-sac. The
Regular Council Meeting
September 25, 2001
amount of asphalt they have to pour to build a new road is not as must as to build a cul-
de-sac. Also, half of the existing road would revert to the park, which is owned by the
town, if they do abandon the road and build a new road. Then they would get half. Mr.
Banks asked that the half that would be reverted to Lot 1 be included and bring the
boundary of the new Lot 1 so it comes to the edge of the cul-de-sac to add to the buffer.
Ms. Chris Ekrem, resident of Eaglebend Drive, asked Mr. Post the timetable for the cul-
de-sac, the bridge and the connection to Highway 6. Mr. Post stated that they propose to
have it all completed by spring of 2003. They intend to close the new cul-de-sac at the
time the new bridge is open. He stated that they are not planning to bring any
construction traffic down Eaglebend Drive, but he does want to leave it open for non-
construction traffic while doing construction traffic on the existing bridge. They want to
keep construction traffic separate from non-construction traffic. Once they open the new
bridge to non-construction traffic they will then close Eaglebend Drive and install the
cul-de-sac. Ms. Ekrem confirmed that at no time is Eaglebend Drive going to have
construction traffic. Mr. Post stated that is correct.
Mr. Craig Ferraro, Eaglebend Drive resident, felt that a cul-de-sac could be built and still
have residential zoning instead of commercial zoning. He felt that what is being
presented tonight will force them into a certain zoning requirement.
Councilor Peter Buckley asked Mr. Post to bring back a drawing of the cul-de-sac at the
next meeting. Mr. Post will bring a drawing of the cul-de-sac with parking and one
Is without parking.
Ms. Krueger asked if the buffer on Traer Creek's lots set a precedence for the owner of
Lot 6 to indicate that they would also get the buffer on that side of the cul-de-sac.
Council stated that it would not.
There being no further comments, Mayor Yoder closed the public hearing.
Mayor Protein Reynolds motioned approval of Resolution No. 01-26, Series of 2001.
Councilor Debbie Buckley seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Resolutions:
Resolution No. 01-27, Series of 2001, A Resolution Setting Forth Findings of Fact and
Conclusions Regarding the Public Hearing Held on the Annexation Petition Filed by
EMD Limited Liability Company and Traer Creek LLC Concerning a Portion of the
Land Known as McGrady Acres
E
Regular Council Meeting
September 25, 2001
Mr. Levin stated that this resolution states the Findings of Fact of the Town Council
based on the testimony as to whether the annexation petition complies with law and
whether the property is eligible for annexation. This resolution recites that the Council
finds that the requirements of the Colorado Annexation Statute are being met, that the
property is eligible for annexation, and none of the citizens petitioned for an election on
the annexation petition.
Councilor Peter Buckley motioned approval of Resolution No. 01-27, Series of 2001.
Councilor Brown seconded the motion.
Mayor Yoder asked for a roll call.
The motion carried unanimously.
Consent Agenda:
a.) Approval of the September 11, 2001 Council Meeting Minutes
b.) Financial Matters
c.) Resolution No. 01-24, Series of 2001, A Resolution Approving the Third
Amendment, Mountain Star, A Resubdivision of Lot 24 and 27, Mountain
Star, Town of Avon, Eagle County, Colorado
d.) Resolution No. 01-25, Series of 2001, A Resolution Certifying Delinquent
Assessment Payments for Local Improvement District No. 1990-1 (Wildridge
Special Improvement District) for Collection by Eagle County Treasurer
e.) Contract with The Reynolds Corporation for Mountain Star Bridge Work
Mayor Protem Reynolds stated that he will abstain from voting on item e of the Consent
Agenda.
Councilor Debbie Buckley motioned approval of the Consent Agenda. Councilor Brown
seconded the motion. The motion carried unanimously.
There being no further business to come before the Council, Councilor McDevitt
motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion
carried unanimously and the meeting adjourned at 6:38 PM.
PECTFULLY SUBMITTED:
Nash, Town?lerk
C
Regular Council Meeting
September 25, 2001
APPROVED:
Michael Brown
Debbie Buckley
Peter Buckley
Rick Curly
Mac McDevitt
Buz Reynolds
Judy Yoder
U
C.
Regular Council Meeting
September 25, 2001
E
Memo
To: Honorable Mayor and Town Council
Thru: Bill Ef6ng, Town Manager
From: Norman Wood, Town Engineer 94/
Anne Martens, Assistant Town Engineer
Date: October 2, 2001
Re: Resolution No. 01 - 28, Approving the Final Plat, Grandview at Wildridge, A
Resubdivision of Lot 45, Block 2, Wildridge, Town of Avon, Eagle County, Colorado
(2520 Old Trail Road)
Summary: Robert Mach, owner of Lot 45, Block 2, Wildridge, has submitted a Final Plat to
resubdivide Lot 45, Block 2, Wildridge, Town of Avon, Eagle County, Colorado. This is a
Duplex Subdivision of a developed lot, creating Duplex lots 45 A and 45 B, an undeveloped
lot 45C and common area. The Subdivision is in conformance with the Title 16 of the Avon
Municipal Code, Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 01 - 28, Series
of 2001, A Resolution Approving the Final Plat, Grandview at Wildridge, a Resubdivision of
Lot 45, Block 2, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of
technical corrections to be approved by staff.
Town Manager Comments:
11
I:\Engineedng\Subdivision\Wildddge\L45B2WR.doc
TOWN OF AVON
RESOLUTION NO.01- 28
Series of 2001
A RESOLUTION APPROVING THE FINAL PLAT, GRANDVIEW AT WILDRIDGE, A
RESUBDIVISION OF LOT 45, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE
COUNTY, COLORADO.
WHEREAS, Robert Mach has submitted a Final Plat for a Resubdivision of Lot 45, Block 2,
Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff; and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
E
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 45, Block 2, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
The completion of technical corrections as identified by Town Staff.
ADOPTED THIS
DAY OF
, 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
1:AEngineering\Subdivision\Wildridge\L45B2V R&esO128Am
0 Memo
r
To: Honorable Mayor and Town Council
Thru: Bill Efting, Town Manager J
From: Norman Wood, Town Engineer??/
Anne Martens, Assistant Town Engineer
40-
Date: October 2, 2001
Re: Resolution No. 01 - 29, Approving the Final Plat, A Resubdivision of Lot 31, Block 1,
Wildridge, Town of Avon, Eagle County, Colorado (2170 Long Spur)
Summary: Robert and Jennifer Mach, owner's of Lot 31, Block 1, Wildridge, have
submitted a Final Plat to resubdivide Lot 31, Block 1, Wildridge, Town of Avon, Eagle County,
Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 31 A and
31 B. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code,
Subdivisions.
Recommendations: Staff recommends approval of Resolution No. 01 - 29, Series
of 2001, A Resolution Approving the Final Plat, a Resubdivision of Lot 31, Block 1, Wildridge,
Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be
approved by staff.
Town Manager Comments:
I:\Engineering\Subdivision\Wildridge\L31 B1 WR.doc
TOWN OF AVON
RESOLUTION NO.01- 29
Series of 2001
A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 31,
BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO.
WHEREAS, Robert and Jennifer Mach have submitted a Final Plat for a Resubdivision of Lot
31, Block 1, Wildridge, Town of Avon, Eagle County, Colorado; and
WHEREAS, the Final Plat has been reviewed by the Town Staff, and
WHEREAS, the Final Plat was found to be substantially in conformance with Title 16 of the
Avon Municipal Code; and
WHEREAS, the proposed subdivision complies with the requirements for consideration as a
Final Plat.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Lot 31, Block 1, Wildridge, Town of
Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to:
1. The completion of technical corrections as identified by Town Staff.
ADOPTED THIS DAY OF , 2001.
TOWN COUNCIL
TOWN OF AVON, COLORADO
Judy Yoder, Mayor
ATTEST:
Kris Nash
Town Clerk
I:AEngineering\Subdivision\Wildridge\L3I B I WRresO 129.doc
r
AA