TC Ord. No. 1981-32-4.,
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ORDINANCE NO. 81-32
Series of 1981
AN ORDINANCE AMENDING ORDINANCE
NO. 81-11, SERIES OF 1981, AS THE
SAME RELATES TO METHOD OF PAYMENT
OF COSTS OF IMPROVEMENT OF THE AVON
TOWN CENTER MALL.
WHEREAS, by Ordinance No. 81-11, Series of 1981, a
portion of Tract G, Block 2, in the Town of Avon, County of
Eagle and State of Colorado, was established as a pedestrian
mall; and
WHEREAS, said Ordinance incorporated by reference
(as Exhibit "B") an agreement of adjacent property owners
respecting the method of assessment of costs and expenses of
making improvements to the mall; and
WHEREAS, said Exhibit "B" has now been
supplemented by a First Amendment to Mall Agreement,
attached hereto as Exhibit "A" (herein "First Amendment"),
which document in final draft has been executed by all
adjacent property owners except Marcos Suarez; and
WHEREAS, the said Marcos Suarez has executed a
first draft of the First Amendment, which draft differed in
substance from the final draft only with respect to
paragraph 4 thereof;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO:
Section 1. Amendment. Section 3 of Ordinance No. 81-11,
Series of 1981, is amended to read as follows:
"Section 3. All costs and expenses of
establishing the pedestrian mall and making improvements
thereto shall be paid by and special assessments shall be
levied against, the Town and owners of lands abutting the
pedestrian mall in accordance with the Agreement attached to
Ordinance No. 81-11, Series of 1981, as Exhibit 'B', as
supplemented by and amended by the First Amendment attached
hereto as Exhibit 'A', the provisions of which are
incorporated herein and made a part of this Ordinance;
provided only that paragraph 4 shall have no application to
Marcos Suarez until such time as the said Marcos Suarez
executes the final draft of the First Amendment and the fact
of execution is filed with the Town."
Section 2. The officers of the Town of Avon are hereby
authorize and directed to take all action necessary or
appropriate to effectuate the provisions of this Ordinance.
Section 3. If any part, section, subsection, sentence,
clause or phrase of this Ordinance is for any reason held to
be invalid, such decision shall not affect the validity of
the remaining portions of this Ordinance; and the Town
Council hereby declares it would have passed this Ordinance
and each part, section, subsection, sentence, clause or
phrase hereof, regardless of the fact that any one or more
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0
of its parts, sections, subsections, sentences, clauses or
phrases be declared invalid.
Section 4. Effective Date. Inasmuch as sale of the special
assessment bonds re erre to in the First Amendment is set
for October 23, 1981, and postponement of such sale would
breach agreements of the Town, this ordinance is declared to
be an emergency ordinance, the passage of which is
immediately necessary for the preservation of the public
peace, health, safety and welfare, and this ordinance shall
take effect October 21, 1981.
INTRODUCED, READ, APPROVED, AND
ORDERED POSTED this 13th day of October, 1981.
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TOWN OF AVON
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Bock 1330Recorded at 1:30PM October 5, 1981 _
,Pagt,588 • Recorder: Johnnette PLU 14._ Eagle County
CERTIFICATION
STATE OF COLORADO )
SS
COUNTY OF EAGLE )
Fee $9.OOpd
I, Patricia J. Doyle, DO HEREBY CERTIFY that I
am the Town Clerk of the Town of Avon and the keeper of
the records and corporate seal of said municipal corpora-
tion; and that the attached is a true copy of Ordinance
No.#81-32, Amending Ordinance:,No.#81-11, Series of 198.1, and
First Amendment to the Mall Agreement
of the Town of Avon, County of Eagle and State of Colo-
rado, and that said Ordinance No.#81-32
is in full force and effect at the date hereof, and the
original is in my custody as Town Clerk.
WITNESS my hand and official seal of the Town
of Avon, County of Eagle, State of Colorado, this 15th
day of October 1981.
Patricia J. Doyle
Town Clerk
•,aBook 330 226948 Recorded at 1c30PM Octobe 5, 1981 Fee $21.00pd
Page 589 Recorder: Johnnette Phil Eagle County
FIRST AMENDMENT
TO
U
N MALL AGREEMENT
THIS AMENDMENT is entered into as of the 8th day of
September, 1981, among the Town of Avon, a municipal corporation
(herein "the Town"), Avon Center at Beaver Creek, Timberline
Properties Corporation, Marcos M. Suarez, H.A.L. Construction;
Inc., and Peregrine Properties, Ltd. For convenience, all of the
parties other than the Town are herein collectively referred to as
the "Property Owners", and individually as a "Property Owner".
RECITALS
1. The Town and the Property Owners entered into that
certain Mall Agreement (the "Mall Agreement") dated as of April
16, 1981.
2. Subsequent to execution of the Mall Agreement, the
Town and the Property Owners have determined that the costs of
planning and constructing the Mall (as defined in the Mall
Agreement) shall exceed the $600,000 limitation set forth in the-
Mall Agreement.
3. To assist in construction of the Mall, the Town and
the Property Owners have consented to and formed the Town of Avon,
Colorado, Town Center Mall Improvement District to raise $910,000
for the construction of the Mall through the sale of Special
Assessment Bonds.
4. The purpose of this Agreement is to amend the--Mall
Agreement so that it coordinates with the District and to.-assure
that the land owned by each Property Owner (as set forth in
Exhibit A of the Mall Agreement) that is to become part of the
Mall under Paragraph 11 of the Mall Agreement will be improved and
interfaced with the Mall at the joint expense of the Town and all
of the Property Owners.
AMENDMENT
In consideration of the recitals and mutual covenants
contained hereinbelow, the parties hereto agree that the Mall
Agreement is amended as hereinafter set forth; provided, however,
that except for the modifications set forth hereinbelow, the Mall
Agreement remains in full force and effect and in the event of any
disagreement between the Mall Agreement and this Amendment, the
provisions of this Amendment shall control:
1. Subparagraph 6(b) of the Mall Agreement is amended
to read in its entirety as follows:
(b) The cost of planning and constructing that
part of the Mall located on the land owned by the Town and
described on Exhibit B shall be paid for entirely out of proceeds
(to be placed in the Mall Construction Fund) received from sale of
Special Assessment Bonds by the Town of Avon, Colorado, Town'
Center Mall Improvement District (the "District") and by the Town
contributing to the Mall Construction Fund $226,000, on or before
the closing for the sale of said Special Assessment Bonds. The
cost of planning and constructing that part of the Mall to be
located on Parcels I, II, III and IV shall be paid 25% by the Town
and 75% by the Property Owners. Each Property Owner's share of
the cost shall be determined by multiplying the Property Owners'
share (i.e., 75% of the total costs) by a fraction, the numerator
of which shall be the length of such Property Owner's present pro-
perty line adjacent to the Mall and the denominator of which is
the total length of all property lines adjacent to the Mall,
except land owned by the Town.
2. Subparagraph 7(d) of the Mall Agreement is amended
to read in its entirety as follows:
(d) Without the prior written consent of all of
the Property Owners and the Town, the costs of planning and
constructing the Mall shall not exceed the following:
(i) $1,136,000 for that part of the Mall
located on the land described on Exhibit B;
(ii) $94,000 for that part of the Mall to be
located on Parcels I and IV;
(iii) Such amount as is reasonably required at
the time to plan and construct that part of the Mall to be
located on Parcels II and III, in a manner and quality
similar to the construction provided for on Parcels I and IV.
3. The following sentence is added to Paragraph 11 of
the Mall Agreement:
Notwithstanding anything contained herein to the contrary, no
real property shall be conveyed to the Town pursuant to this
Paragraph 11 until the effective date of the assessment
ordinance to be adopted by the Town, which will provide for
the assessment of all land within the District, even though
for all other purposes hereunder including, but not limited
to, control and maintenance, such real property shall be
treated as part of the Mall upon completion of the
improvements thereon.
4. The following sentence is added to Paragraph 12 of
the Mall Agreement:
Notwithstanding anything contained herein to the contrary,
should both residential and commercial condominiums be built
upon any part of Parce, I, III or IV, the applicable
condominium declarati ^W1 provide that the commercial
condominium units shall be solely responsible for any
assessment made by the District or monies required to be paid
"residential into the Mall Construction Fund or the Mall Operating Fund
ith respect to such part of the Parcel upon which both
and commercial condominium units are built.
%141041(rr, IN WITNESS WHEREOF the parties hereto have executed this
,
X6%10 J1Pt, Amendment To Mall Agreement as of the day and year first
.a~bvr`written .
ATTEST: THE TOWN OF AVON, a municipal
corporation
By UJAC,
y
Clerk yor
AVON CENTER AT BEAVER CREEK
By
Pre ent
-2-
ATTEST:
i It ATTEST:
By
MARCOS M. SUAREZ
TIMBERLINE PROPERTIES CORPORATION
•
etia`Ye
ATTEST:
STATE OF 4ZADO )
ss.
COUNTY OF )
H.A.L. CONSTRUCTION, INC.
B
The instrument was ac owldgeP~fqre me this
day of azg-~-7 , 981, by 2C 4 ~ as Mayor and a as Tow Cler fo the Town of
,N Ryon.
NV,` OF -4WITNESS my hand and official seal.
My commission expires:
STATE.OF COLORADO )
) ss.
COUNTY OF EAGLE )
1V
The foregoing instrument was acknowledged before me this
WC day of r , 1981, by
as Pre-Eden t and as
Secretary of Timberline Properties Corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
The fore oing instrument was ackn` 1 dged before me this
( ~'L day of l 'er 19 81 by '4 t a/2
f President , -a
as,
of`~A on Center at Beaver Creek.
f.
.7 n
WITNESS my hand and official seal.
My commission expires: /6/s
N ary Public
3-><<)
STATE OF COLORADO
ss.
COUNTY OF EAGLE )
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PEREGRINE PROPERTIES,
ATTEST:
w
ATTEST:
S~= r.
ATTEST:
STATE OF C 12AD0 )
ss.
COUNTY OF )
The
day of
as Mayor and
Avon.
foregoing instrument
, 1981,
H.A.L. CONSTRUCTION, INC.
B,
ION
was acknowledged before me this
by
as Town clerk for the Town of
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of , 1981, by
as Preside t and as Secretary-
of Avon Center at Beaver Creek.
WITNESS my hand and official seal.
My commission expires:
Notary Public
.-STATE OF COLORADO
C,UN,TY OF EAGLE
„d~"
ss.
<.:_...(.1` The f~°.,?~ 9in instrument was ac nowled ed b fore his
=y`y day of UC~Y g1~er 1981, by a(,uid Lg Ce~~ Oi l
~wn~~jye€ Timberline Properties.
WITNESS my hand and official seal.
My commission expires: 10 St k
ary Public
-3 -
MARCOS M. SUAREZ
B
PEREGRINE PROPERTIES,
LTD.
•
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SUAREZ
ATTEST: H.A.L. CONSTRUCTION, INC.
(12.15%).
By
ATTEST: PEREGRINE PROPERTIES, LTD.
(21.98%)
By
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of 1981, by
as Mayor and as Town Clerk or the Town
of Avon.
WITNESS my hand and official seal.
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Notary Public
The foregoing instrument was acknowledged before me this
_ day of _ -p 1981, by
as President and as Secretary
of Avon Center at Beaver Creek.
WITNESS my hand and official seal.
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Notary Public
The foregoing instrument was acknowledged before me this
day of , 1981, by
as _ President and as Secretary
of Timberline Properties Corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of , 1981, by Marcos M. Suarez.
WITNESS my hand and official seal.
My commission expires:
Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of 1981, by
;"Ast- ; Preside ht andd~.ICQA~~o. ~.k bra c as _
Seer Qtary of H.A.L. Construction, Inc.
b :-o--o- WITNESS my hand and official seal.
My commission expires
Notary Public
STATE OF COLORADO ) Jan Cane
) s s . P. 0. Box 3149
COUNTY OF EAGLE ) Vail, CO 81658
The re in instrument was acknowled d bef re me this
114 day of 1981, by
as a General Pa tner of Peregrine Properties, Ltd.
WITNESS my hand and official seal.
`a,;
%
~,~-r
My commission expires:
Not ry Public
-4-
't
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The fo e o.9 instrument was acknowledged before me this
of e~ 1981, by Marcos M. Suarez.
a" ./WITNESS my hand and official seal.
"XtIT Ali My%, commission expires :
No ary Public
'aka
STATE OF COLORADO )
) ss. C9 I Y
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this
day of + , 1981, by
as President and as
Secretary of H.A.L. Construction, Inc.
WITNESS my hand and official seal.
My commission expires:
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Notary Public
The foregoing instrument was acknowledged before me this
day of , 1981, by ,
as a General Partner 61 Peregrine Properties, Ltd.
WITNESS my hand and official-seal.
My commission expires:
Notary Public
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