Loading...
TC Res. No. 1983-38~Ap RESOLUTION #83- 38 SERIES OF 1983 A-RESOLUTION APPROVING A SPECIAL REVIEW USE FOR A DAY CARE CENTER/PRE-SCHOOL ON COMMERCIAL SPACE #1107, LOT A, BLOCK 2, BENCHMARK SUBDIVISION WHEREAS, an application has been submitted requesting that a Day Care Center/Pre-School be allowed in commercial space #1107, Lot A, Block 2, Benchmark Subdivision and, WHEREAS, the Planning & Zoning Commission has held a Public Hearing on said request and determined that the proposed use complies with all requirements imposed by the Zoning Code, is consistant with the objectives and purposes.of th.is'Zoning Code and the applicable zoning district; and is designed to be compatible with adjacent land uses and uses in the area and, WHEREAS, the Planning & Zoning Commission has recommended approval of the request subject to the following conditions: (1) That the location; final design, and landscaping,of the playground be approved,by the Planning and Zoning Commission. (2) That the bus turn-a-round an& shelter area on Benchmark Road shall not be used'for pick-ups or drop=offs. ' The gravelled parking area on Lot 55 shall be used until the revised parking lot is completed. NOW THEREFORE BE IT RESOLVED that the Special Review'Use for a Day Care Center/Pre-School is hereby approved subject to the conditions listed above. DATED: APPROVED October 11', 1983 Allan R`-. = otti ngham, ayor-, ATTESTI~ Patricia J. Doyle, T n Clerk KvonCenter a«k 100 West Beaver Creek Boulevard November 8, 1983 Mr. Dennis Cole, P.C. Box 1633 Avon, CO 81620 Dear Mr. Cole: This letter will confirm that Avon Center will, during the lease period which Hodamar Partnership has at Avon Center, make available to Hodamar Partnership 2,000 sq. ft. of space for outdoor recreation on property owned by Avon Center in the event that Hodamar loses its Lot 56 lease. Hodamar shall bear the costs of improving, insuring and maintaining said 2,000 sq. ft. space if used. GSN/jw P. O. Box 25, Avon, CO 81620 • (303) 949-6263 NOTICE Notice is hereby given that Chaplin & Company, Inc. has executed a Contract to Buy and Sell Real Estate dated October 31, 1983, wherein it has agreed to sell to Cal-Colorado Investors, a California General Partnership, the following described real property located in Eagle County, Colorado: Lot 55, Block 2, Benchmark at Beaver Creek subdivision, Amendment Number 3, according to the plat recorded in Book 249 at Page 93, Town of Avon, County of Eagle and State of Colorado. Such sale shall be under the terms and conditions as set forth in such contract. This Notice shall not encumber said property beyond January 20, 1984. Dated as of this 31st day of October, 1983. Chap i. & Company nc. Cal-Colorado Investors By: ~~-.,L.►....~C., By. D nald Ch lin T-IV Nicolas Marsch III Box 550 General Partner Vail, Colorado 81658 Box 1979 Breckenridge, Colorado 80424 State of Colorado County of ass The foregoing instrument was acknowledged before me this 31st day of October, 1983 by: C( K, Gtku.ra I K 4.1%. { a0p 1;" f- my commission expires toI 19 . Wi my ha d and official seal. (v~ C-lut~tll (G a State of Colorado )ss County of ) The foregoing instrument was acknowledged before me this 31st day of October, '1983 by: ' C4 a S L1L a s We AJ e/' c,qL Ced- My commission expires I d~"19~'`{ Wi 't n hand and official seal. Y 4 THIS LETTER SHALL SERVE AS A FURTHER UNDERSTANDING PURSUANT 'TO THE CONTRACT TO BUY AND SELL REAL ESTATE DATED OCTOBER 1983, BY AND BETWEEN CAL-COLORADO INVESTORS (PURCHASER), AND CHAPLIN & COMPANY, INC. (SELLER); FOR THE PURCHASE OF LOT 55, BLOCK 2, BENCHMARK AT BEAVER CREEK SUBDIVISION, AMENDMENT NUMBER 3, ACCORDING TO THE RECORDED PLAT THEREOF. Be it hereby understood that upon execution of the above mentioned contract, Seller agrees to permit Purchaser to utilize and make certain improvements on said Lot 55 as Purchaser sees fit. These improvements shall include, but not be limited to: grading, paving, and placing lighting and curbs thereon. Purchaser shall bear the cost of all improvements, and Seller shall receive no additional fee for the use of said Lot 55 prior to closing. Further, in the event Purchaser does not close on said purchase per the terms of the above mentioned contract, then Purchaser shall remove whatever improvements Purchaser placed on said Lot 55, and shall return said Lot 55 to Seiler in the same condition as of the dated of the hereindescribed contract. Purchaser will indemnify Seller against any claims arising out of construction of such improvements. AGEUM AND ACCEPTED Cal Colorado Investors ...C~ By: Nicolas Marsch General Partner C l in & ny, Inc. , B i/ Donald M. haplin LAW OFFICES COSGRIFF, DUNN & FRENCH, P C. P. O. BOX 340 VAIL,COLORADO 61658 PETER COSGRIFF (303) 476-7552 LEADVILLE OFFICE: ' JOHN W. DUNN P. O. BOX II ROBERT H. S. FRENCH LEADVILLE, COLORADO 80461` STEPHEN C. WEST (303) 486-1865 TIMOTHY H. BERRY ARTHUR A.ABPLANALP, JR. BRECKENRIDGE OFFICE: JOHN B. WOOD P. O. BOX 588 FREDERICK B.SKILLERN M E M O R A N D U M BRECKENRIDGE, COLORADO 80424 (303) 453-2901 TO: Richard Blodgett DATE: October 27, 1983 Town Manager FROM: John W. Dunn RE: Town of Avon/Special Review Use Space 1107, Lot A., Block 2, Benchmark Subdivision Enclosed you will find a copy of a letter written to Dennis Cole in accordance with the instructions of Council at the regular meeting on October 25. This will confirm that I have advised you that I feel the Town could be liable for any damages incurred, such as lost profits, in the event that the Town does not issue a building-permit upon compliance by the applicants with the Town's requirements. I have attached copies of Resolution 83-38 and the pertinent part of the minutes of the October 11, 1983, meeting. At this time the requirements of the Resolution seem to be met. On the other hand, it is doubtful that Dennis Cole's letter to David Cole, establishing a month-to-month tenancy, complies with the requirements with respect to Lot 56. Certainly, we have-not received anything with respect to Lot 55 although I believe that will be forthcoming. When we receive the additional documentation promised by Dennis Cole, it will be my recommendation that the building permit issue. I do not believe .that the matter, should be deferred until the next regular Council meeting on November 7. I will appreciate your distributing copies of this memorandum and the attached materials to the Council at your earliest convenience. LAW OFFICES COSGRIFF, DUNN & FRENCH, P. C. P. O. BOX 340 VAIL,COLORADO 81658 PETER COSGRIFF (303) 476-7552 JOHN W. DUNN ROBERT H. S. FRENCH STEPHEN C. WEST TIMOTHY H. BERRY DAVID H. MILLER ARTHUR A. ABPLANALP. JR. JOHN B. WOOD October 27, 1983 Dennis D. Cole, Esq. P. O. Box 1633 Avon, Colorado 81620 LEADVILLE OFFICE: P. O. BOX II LEADVILLE, COLORADO 80461 (303) 486-1885 BRECKENRIDGE OFFICE= P. O. BOX 586 BRECKENRIDGE, COLORADO 80424 (303) 4S3-2901 Re: Town of Avon/Special Review Use Space 1107, Lot A, Block 2, Benchmark Subdivision Dear Dennis: This will confirm our telephone conversation of October 27, 1983, relating to the above. As I have advised you, the Avon Town Council, at their regular meeting on October 25, 1983, instructed me to advise you that you have not at this time complied with the requirements of the Council's motion adopting Resolution No. 83-38, which Resolution approves the special review use. That Resolution was adopted "subject to Dennis Cole submit- ting the necessary documents to prove that they have access to the play area through Lot 56 and that the drop-off area be improved and available for a two-year period." It is the Council's position that nothing tendered to the Town to date establishes use of either Lot 55 or Lot 56 for the two-year- period required by Council. In particular, your letter dated September 21, 1983, addressed to Marcos M. Suarez and David L. Cole provides only for a month-to-month lease. Also, as you are aware, we have not received any documenta- tion at this time with respect to Lot 55. You have assured me that documentation with respect to Lot 55 will be forthcoming. You have also assured me that you will provide additional evidence to the Council that your clients have alternative space available in the event that the month-to-month tenancy of Lot 56 should be terminated. When I am in receipt of such addi- tional evidence, I will review this matter with the Council. In that connection I understand and sympathize with your desire that the matter be resolved prior to the next regular Council meeting on November 8, 1983. DENNIS D. COLE A PROFESSIONAL CORPORATION ATTORNEY AND COUNSELOR AT LAW COLORADO OFFICE: 0082 EAST BEAVER CREEK BLVD. POST OFFICE BOX 1633 AVON, COLORADO 81620 (303)949.5461 INDIANA OFFICE: 1115 MORNINGSIDE DRIVE ANDERSON. INDIANA \of. September 21, 1983 Mr. Marcos M. Suarez and Mr. David L. Cole 286 Bridge Street Vail, Colorado 81657 Dear Gentlemen: 2 The purpose of this letter is to serve as a Memorandum of Agreement or understanding whereby my client, Hodamar Partnership, agrees to lease from the two of you, and the two of you agree to lease to Hodamar Partnership a portion of Lot 56, Block 2, in the Benchmark_ at Beaver Creek Subdivision, according to the plat thereof. Lot 56, Block 2, is adjacent to Avon Center in Avon, Colorado. My client agrees to lease from you and you agree to lease to my client approximately 1,500 square feet of space on Lot 56, as described above, for the purpose of.providing play- ground area to be used by my client in connection with their pre- school/day care program to be operated in space 1107 in the Avon Center Building. The lease is to commence as of October 1, 1983, and will continue on a month-to-month basis. My client will pay $100 per month as rent. Rent is to be paid on the first day of each month commencing October 1, 1983. My client will identify the approximate 1,500 square feet to be used as playground area, however, the specific 1,500 square feet Mr. Marcos Suarez and Mr. David .Cole September 21, 1983 Page Two (2) 7 n- to be used shall meet with your approval. It shall be the responsibility of my client to pay for any and all improve- ments to be made within the approximate 1,500 square feet, including but not necessarily limited to fencing,- landscaping, and recreation equipment. (My client is aware that the specific plans for the recreation area are subject to approval by the Planning and zoning Commission of the Town of Avon, and it is my client's responsibility to secure all necessary approvals.) My client acknowledges that this lease agreement can be terminated by you upon thirty days' notice to my client. upon notification of termination, it is the obligation of my client to remove all recreation equipment, fencing, and--landscaping and return the leased area to approximately the same condition it was in prior to the commencement of the lease, except that you shall have the right to retain any landscaping or fencing if you so choose. My client-also acknowledges and agrees that they will hold you harmless and indemnify you from any claims, causes of action, or damages which may arises because of my client's use of the leased area. My client will carry adequate insurance coverage and the insurance coverage will extend to the leased area which will constitute the recreation or playground area for the pre-school or day care program, and my client will furnish to you a copy of the insurance coverage showing you as an additional insured as landlords or lessors. Mr. Marcos Suarez and Mr. David Cole September 21, 1983 Page Three (3) By means of this authorized by my to obligate them forth herein. letter I represent to you that I have been client to execute this letter on their behalf and in accordance with the terms and conditions set would you please sign the letter where indicated at the bottom evidencing your agreement with the terms and conditions set forth herein, and it is my understanding that David L. Cole has authority to sign this document on behalf of both of you. If that is not correct, obviously, I would like to have both of you sign this letter. I have enclosed an additional copy of this letter so that you may retain a copy and return a signed copy to me for my records. if you desire that the terms and agreements set forth herein be more fully formalized in a standard lease agreement, I will be happy to do so or if you wish to do so, I will, of course, execute the agreement on behalf of my client or have my client execute the agreement as you choose. Thank you for your assistance in this matter and we look forward to working with you. Ver~jTruly YoUrs, Dennis D. Cole Attorney at Law DDC/sm cc: Marlin Hochstetter file Mr. Marcos Suarez and Mr. David Cole September 21, 1983 Page Four (4) e,,.. on behalf of z and David L. Cole, I, David L. Cole, -axoes M. hereby accept and agree to the terms and conditions set forth herein. Date: L. Cole entered into an Agreement with for the use of Lot#56 for the outdoor recreation area. Air. Col stated though they may move their recreation area. This ld be terminated in a thirty-day written notice iL Dave'6 should decide to make some other use of the lot. The s intention is to use the'lot for approximately two years. After discussion Al Connell moved approval of Resolution No.#83-38, Series of 1983, subject to Dennis Cole submitting the necessary documents to prove that they have access to the play area through Lot#56 and that the drop-off area be improved and available for a two year period. The motion was seconded by A.J. Wells and was n carried with Don Buick abstaining. Resolution No.083-39, Series of 1983, A RESOLUTION APPROVING A PECIAL REVIEW USE FOR PRE-SCHOOL/DAY CARE CENTER ON LOT 23, BLOCK 1, BENCH IARK SUBDIVISION. Mr. Dave Helmer, President of the Land of Oz Day Care Center, approached the Council. The other principles were Joann Grove, Executive Director, and Rick Jones. Mr. Helmer stated that they reviewed the resolution and that it does meet with their approval. He stated that they are catering to children from six weeks to six years and are also developing a program for the Latch-Key Children. The Day Care Center would be located at the Wolff'Warehouse, Lot .#23, Block #1, Benchmark Subdivision. He stated that they do have a lease with Mr. Wolff. They are going to use 3500 sq.ft. of the 5,000 sq.ft. and they are going to have inside the building 1500 sq.ft. of indoor-outdoor play area as well as having a 1560 sq.ft. immediately adjacent to an outside area. , Mr. Helmer stated that there were four conditions contained in the, resolution (see Resolution No.#83-39). He stated that in regards to item #j4, that the asphalt could possibly be done in the spring. ter. Helmer stated that they would be agreeable to post a Bond or pay to the Town a cash deposit. The cost for the asphalting would be $880. Dennis Cole approached the Council. He stated that he represents Mr. Ilolff. IIr. . Cole stated that 1!1r. Uolff had not yet signed a lease. Mr. Cole stated that Mr. Wolff has authorized Mr. Helmer to comment and petition for this approval, but that he wanted it understood that he had not signed a lease as yet. Mr. Cole also stated that Mr. Wolff wanted it understood that if additional parking or drop-off was required that it would be done on the Town's right-of-way. After discussion Don Buick moved approval of Resolution No.#83-39 subject to the modification on the paving as well-as a copy of the executed lease. The motion was seconded by A.J. Wells and was unanimously carried. It was stated that the Day Care Center be required to post a Bond or a cash deposit, preferably a cash deposit for the paving. It was agreed. The change order for the Nottingham Bike Path lighting was then discussed. Mr. Wood stated-this change order was for three - 5 -