TC Res. No. 1987-16RESOLUTION NO. 87-16
SERIES OF 1987
A RESOLUTION APPROVING A FINAL SUBDIVISION PLAT AND
CONDOMINIUM MAP OF THE FALCON POINTE CONDOMINIUM, LOT
45, BLOCK 2, TOWN OF AVON, EAGLE COUNTY, COLORADO AND
FINAL SUBDIVISION PLAT AMENDMENT NO. 4, BENCHMARK AT
BEAVER CREEK
WHEREAS, Pointes of Colorado Corporation, A Colorado
Corporation has submitted a Final Subdivision Plat and
Condominium Map of the Falcon Pointe Condominium, Lot 45 and
part of Lot 46, Block 2, Town of Avon, Eagle County, Colorado
and Final Subdivision Plat, Amendment No. 4, Benchmark at
Beaver Creek; and
WHEREAS, the Final Subdivision Plat and Condominium
Map of the Falcon Pointe Condominium and related documents
have been reviewed by the Town Staff and was found to be
substantially in accord with the Preliminary Plat approved
by Resolution No. 86-4, Series of 1986 and the Subdivision
Regulations of the Town of Avon.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council
of the Town of Avon, that the Final Subdivision Plat and
Condominium Map of the Falcon Pointe Condominium and related
documents are hereby approved subject to:
1. Review by the Town,Attorney.
2. The completion and execution of all Certificates,
and documents relating to the subdivision, in a manner
satisfactory to the Town Attorney prior to filing with
the Clerk and Recorder of Eagle County.
ADOPTED AND DATED THIS 28th day of July , 1987.
TOWN COUNCIL
TOWN OF AVON, COLORADO
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Al an R. Notta.ngha , Mayor
TO: William D. James, Town Manager
FROM: Ray Wright, Engineering Technician
DATE: July 24, 1987
SUBJECT: Resolution No. 87-16, Series of 1987, Final Subdivision
Plat and Condominium Map of the Falcon Pointe
Condominium, Lot 45, and part of Lot 46, Block 2,
Town of Avon, Eagle County, Colorado and Final
Subdivision Plat - Amendment No. 4, Benchmark at Beaver
Creek
Pointes of Colorado has submitted a Final Subdivision Plat and
Condominium Map for the Falcon Pointe Condominium, Lot 45, and part
of Lot 46, Block 2, Benchmark at Beaver Creek.
The Plat has been reviewed by Town Staff and was found to be in
general conformance with Town of Avon Subdivision Regulations for
a Condominium Subdivision. Resolution 87-16 approves the Final
Subdivision Plat and Condominium Map of the Falcon Pointe
Condominium, and related documents, subject to:
1. Review by the Town Attorney
2. The completion and execution of all Certificates,
and documents relating to the subdivision, in a manner
satisfactory to the Town Attorney prior to filing with
the Clerk and Recorder of Eagle County.
RECOMMENDED ACTION:
1. Approve Resolution No. 87-16, Series of 1987.
AGREEMENT CONCERNING APPROVAL FOR TIMESHARE USE
AND SUBDIVISION AGREEMENT
THIS AGREEMENT is made and entered into this day of
December, 1986, by and between A.C.P., Inc., a Colorado
corporation, having its principal office at 5850 Ulster Circle
East, DTC Building 14, Englewood, Colorado 80111 (hereinafter
sometimes referred to as "A.C.P.") and THE TOWN OF AVON, COLORADO,
(hereinafter sometimes referred to as "the Town of Avon").
RECITALS
WHEREAS, A.C.P. is the owner of the property within the Town
of Avon, Colorado more particularly described in Exhibit A
attached hereto and incorporated herein by reference (the
"Property");
WHEREAS, A.C.P. intends to remodel and renovate the existing
thirty-one (31) apartment units constructed on the Property into
not more than sixty (60) apartment units, in one or more phases
which A.C.P. intends to market as a timeshare project to be known
as the Falcon Pointe Condominium;
WHEREAS, The Town.Council of the Town of Avon has designated
the Property as a Specially Planned Area and as a part of the
precise plan for said Specially Planned Area has approved the
Falcon Pointe Condominium Timeshare project pursuant to the
provisions of Section 17.20.070, Avon Municipal Code; and
WHEREAS, A.C.P. and the Town of Avon have entered into this
Subdivision Agreement pursuant to the Section 16.24.040(F), Avon
Municipal Code.
WITNESSETH
NOW THEREFORE, in consideration of the mutual promises and
covenants of A.C.P. and the Town of Avon, A.C.P. and the Town of
Avon hereby agree as follows:
1. Timeshare Subdivision. The Town of Avon, through
designation of the Property as a Specifically Planned Area and
approval for the precise plan for said Specially Planned Area, has
approved a timeshare project subject to Section 16.36, Avon
Municipal Code. The provisions of this Subdivision Agreement
shall govern and control the sale and use of all timeshare units
in the Falcon Pointe Condominium Timeshare project, in addition to
the terms and provisions of the Condominium and Time Share
Declaration for Falcon Pointe Condominium (the "Declaration"), the
Articles of Incorporation and Bylaws of Falcon Pointe Condominium
Association (the "Association"), and the Colorado statutes
governing the use and sale of timeshare units.
2. Building Permit. The Town of Avon and A.C.P. acknowlege
that A.C.P. has obtained a building permit for remodeling and
renovation of the Falcon Pointe Condominium project from the Town
of Avon Building Department.
3. Marketing of Timeshare Units.
A. "Timeshare Units" shall be defined as that term is
used in Section 16.08.230, Avon Municipal Code, and specifically
includes the Fractional Estate interests provided for in the
Declaration consisting of an undivided interest as tenant-in-
common plus the right to use the "Use Weeks" established by the
Declaration.
B. A.C.P. warrants and represents that all timeshare
units will be sold or marketed by A.C.P. or an employed timeshare
marketing company in accordance with all rules and regulations of
the Colorado Real Estate Commission, and all applicable rules or
regulations of real estate commissions having jurisdiction in any
state where efforts to sell timeshare units in the Falcon Pointe
Condominium occur. All salespersons selling timeshare units in
the Falcon Pointe Condominium in Colorado shall be licensed real
estate brokers or salespersons properly licensed in the state of
Colorado. All original timeshare sales made within the Town of
Avon, Colorado shall be conducted and closed in accordance with
the rules and regulations of the Colorado Real Estate Commission
and the Town of Avon.
4. Capital Improvements and Capital Improvement Fees.
A. A.C.P. and the Town of Avon agreed that a bus
shelter is needed for the Town of Avon Bus System at the bus stop
located at the intersection of the private road entrance to the
Falcon Pointe Condominium and Benchmark Road. The precise
location for the bus shelter shall be determined by the Town of
Avon.
Said bus shelter was designed by the Town of Avon and
construction was completed prior to the date of this Agreement.
A.C.P. and the Town of Avon acknowledge that A.C.P. has paid Ten
Thousand Dollars ($10,000) to the Town of Avon for construction of
said Bus Shelter. At or before execution of this Agreement, the
Town of Avon shall provide A.C.P. with a written statement setting
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forth all costs and expenses incurred in construction of the bus
shelter, and to the extent the costs and expenses are less than
Ten Thousand Dollars ($10,000.00), the difference between the
actual costs and expenses and the sum of Ten Thousand Dollars
($10,000.00) shall be refunded by the Town of Avon to A.P.C.
B. A.C.P. agrees to pay to the Town of Avon any and
all fees which may be due and owing to the Town of Avon pursuant
to the terms and provisions of Town of Avon Ordinance No. 85-6.
5. Maintenance of Timeshare Units and Common Area
Facilities at Falcon Pointe Condominium. It is the intention of
A.C.P. that al timeshare units an the related general common
areas shall be maintained in a first class condition. To assure
that this level of maintenance is achieved, A.C.P. agrees that,
in addition to the other normal fees and assessments paid by the
owner of each timeshare unit in Falcon Pointe Condominium, each
timeshare unit owner shall pay a replacement reserve assessment to
be held in a special escrow account to be used for the purpose of
replacing, as needed, all furniture, furnishings, and equipment in
each timeshare unit.
6. Management of Timeshare Units. The management of the
timeshare units shall be the responsibility of the management
company employed by the Association. Any management and service
fees shall be assessed to the timeshare unit owner with the other
normal and regular assessments made to said owner.
7. Town of Avon to be Held Harmless. A.C.P. shall hold the
Town of Avon, its officers, employees, and agents harmless from
any and all costs, including attorneys' fees, damages,- and
liabilities which may occur or be claimed to occur by reason of
any approval or action by said Town, its officers, employees,
and/or agents related to the approval by the Town of Avon of the
timeshare subdivision at Falcon Pointe Condominium or approval by
said Town of the Final Plat for Falcon Pointe Condominium or any
amendments thereto.
8. Compliance with Section 16.36.020, Avon Municipal Code.
A.C.P. warrants and represents that all sales of timeshare
interest will be made in compliance with the requirements of
Section 16.36.020 of the Avon Municipal Code. The Town of Avon
acknowledges receipt, review and approval of the Declaration and
the Purchase Agreement and Disclosure Statement for Fractional
Ownership, The Falcon Pointe Condominium, Avon, Colorado which
discloses to Purchasers of timeshare interests all information
required by Section 16.36.020 of the Avon Municipal Code. The
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information disclosed to prospective purchasers includes but is
not limited to the following:
A. A first year budget, which budget includes a
description of reserves for maintenance and replacement, along
with projected common expenses for each timeshare unit;
B. A written statement of any and all services which
will be provided by A.C.P. either on a one-time or continuing
basis;
C. A description of any liens or encumbrances which
may affect the timeshare unit purchaser receiving a title
insurance commitment on his or her unit;
D. A statement as to the limitation on warranties
affecting his or her unit;
E. A statement that any earnest money deposit made by
a prospective purchaser in connection with the purchase of a
timeshare unit will be held in a special escrow account until the
transaction is closed and shall be returned to the prospective
purchaser in the event closing does not occur by the scheduled or
extended closing date;
F. A statement that there are no restraints on
alienation of a timehare unit and that any timeshare unit owner
may sell, transfer, or convey his or her timeshare unit in any
manner he or she wishes, subject only, of course, to the
provisions of local and state laws and the requirements of the
Declaration;
G. A description of the insurance coverage applicable
to the timeshare unit;
H. The extent to which any one timeshare unit may be
subject to a tax or other lien arising out of claims against or
the tax liability of other owners of the same timeshare unit or
other units. Presently, all taxes assessed against an individual
unit at Falcon Pointe Condominium are to be paid as part of the
Association fee. This practice will continue so that taxes are
paid as a part of the Association fee collected by the management
company and disbursed by the management company or mortgagee to
the Treasurer of Eagle County, Colorado, and paid on the basis of
one (1) payment for each unit. The tax or assessment for each
unit will be assigned to the timeshare unit owners who
collectively own any one (1) unit in accordance with the
Declaration, and will be paid along with the Assoication fee paid
by the timeshare unit owners;
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I. The availability, on a voluntary basis, of a
program for the exchange of occupancy rights with owners or other
timeshare units. Presently, the Falcon Pointe Condominium is
affiliated with Interval International ("II") of Miami, Florida.
The utilization by a timeshare unit owner of the exchange
opportunity through II shall be strictly on a voluntary basis.
A.C.P. has paid any affiliation fee for the purpose of including
the timeshare project in the exchange network. Any specific
exchange fee is to be paid by the timeshare unit owner.
9. Effect of Timeshare Subdivision on Availability of
Short-Term Housing in the Town of Avon. Any units at the Falcon
Pointe Condominium owned or controlled by A.C.P. may be placed in
a rental program until such units are opened for sale to third
party purchasers, thus providing the availability for short-term
accommodations at the Falcon Pointe Condominium and further
providing the Town of Avon with accommodation tax receipts from
the rental of such units. For purposes of calculating sales,
accommodations, and any other similar taxes which may become due
and owing to the Town of Avon, the value (or equivalent rental
price) of any and all complimentary nights provided to prospective
timeshare purchasers by A.C.P. as part of its timeshare or
marketing program shall be the actual costs to A.C.P. of providing
such complimentary nights, but an amount not less than $15.00 per
night', until such units are opened for sale to third party
purchasers.
10. Recording of this Subdivision Agreement. This
Subdivision Agreement shall be recorded in the Clerk and
Recorder's Office of the County of Eagle, State of Colorado. In
the event A.C.P. shall transfer said developer's interest in units
at Falcon Pointe Condominium to any third party or person, the
transferee shall assume and be liable for all obligations of the
developer. A.C.P. agrees that the terms set forth in this
Subdivision Agreement shall be binding upon any contract entered
into by A.C.P. with a timeshare developer and that contract shall
provide that' said developer is to be bound by the terms and,
conditions of this Subdivision Agreement. Consequently, any
transfer of the rights of A.C.P. shall include an assumption by
the transfree of all of the obligations of the developer including
the obligations set forth and described in this Agreement; and any
such assumption shall be in addition to and shall not relieve
A.C.P. from the obligations as set forth in this Subdivision
Agreement related to A.C.P.
11. Amendment of Agreement. This Agreement may be amended
by the parties hereto only by a written amendment entered into by
all parties and/or signatories to this Agreement.
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12. Agreement May Be Signed in Counterpart. For the purpose
of expediting the execution or signing of this Agreement, this
Agreement may be signed in Counterpart.
13. Severability_Clause. If any article, section,
subsection, sentence, clause, or phrase of this Agreement is for
any reason held to be illegal or invalid, such illegality or
invalidity shall not affect the validity of the remaining portions
of this, Agreement.
14. Agreement Binding U on Successors and Assigns. This
Agreement shall be binding upon the parties hereto, their
successors and assigns, including, but not limited to, the
Association and/or management company responsible for operations
at the Falcon Pointe-Condominium.
15. Com liance with Town Ordinances. This Agreement is
subject to A.C.P. complying with all applicable Town-ordinances.
16. Notices. Any and all notices which may be required
under the terms and provisions of this Agreement shall be in
writing and shall be deemed to have been sufficiently given or
served when presented personally or when deposited in the United
States mail, by registered or certified mail, addressed as
follows:
To:
A.C.P., Inc.
5850 Ulster Circle East
DTC Building 14
Englewood, Colorado 80111
To:
Town of Avon
Avon Municipal Building
Post Office Box 975
Avon, Colorado 81620
Such addresses may be changed by notice of the other party given
in the same manner as above provided.
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IN WITNESS WHEREOF, A.C.P. and the Town of Avon have executed
this Agreement the year and date first above written.
ATTEST:
Secretary
ATTEST:
A.C.P., INC., a Colorado
corporation
By:
TOWN OF AVON, COLORADO
By.
Allan R. Nottingham, Mayor
Secretary
STATE OF COLORADO )
)ss:
COUNTY OF EAGLE )
The foregoing Subdivision Agreement was acknowledged before
me this _ day of , 1986, by as
President of A.C.P., Inc., a Colorado corporation.
My commission expires:
Witness my hand and official seal.
(SEAL)
Notary Public
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STATE OF COLORADO )
)ss:
COUNTY OF EAGLE )
The foregoing Subdivision Agreement was acknowledged before
me this day of , 1986, by Allan R. Nottingham as
Mayor of the Town of Avon,-" Colorado.
My commission expires:
Witness my hand and official seal.
(SEAL)
Notary Public
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