TC Res. No. 1995-17TOWN OF AVON
RESOLUTION NO. 95-17
SERIES OF 1995
A RESOLUTION APPROVING THE FINAL CONDOMINIUM MAP- AND ~ -
SUBDIVISION IMPROVEMENTS AGREEMENT FOR VAIL AVON COMMERCIAL
PARK A RESUBDIVISION OF LOT 14/15, BLOCK.1, BENCHMARK AT BEAVER
CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO
WHEREAS, T.J. Conners, Manager, Vail Avon Commercial Park L.L.C., has
submitted a Final, Condominium Map and Subdivision Improvements Agreement for Vail
Avon Commercial Park, A Resubdivision of Lot 14/15, Block 1, Benchmark at Beaver
Creek, Town of Avon, Eagle County, Colorado: and
WHEREAS, the Final Condominium Map and Subdivision Improvements -
Agreement have been reviewed by the Town Staff; and
WHEREAS, the final Condominium Map and Subdivision Improvements
Agreement were found to be substantially in accord with the Subdivision Regulations of
the
Town of Avon; and
WHEREAS, the proposed subdivision is substantially in accord with previously
approved Preliminary Plat and 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 Condominium Map and Subdivision Improvements Agreement for
Vail Avon Commercial Park, Lot 14/15, Block 1, Benchmark at Beaver Creek, 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 the Town Staff.
ADOPTED THIS 28th DAY OF March , 1994
TOWN COUNCIL
TO VOFVOIN', COLORADO
Albert J. eyno , Mayor'
A T:
- Patty Neyhart, To Clerk, CMC
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SUBDIVISION M OVEMENTS AGREEMENT
THIS AGREEMENT, made and entered into this day of ,
1995, by and between VAIL AVON COMMERCIAL PARK LIMITED LIABILITY
COMPANY, a Colorado Limited Liability Company (hereinafter referred to
as "Subdivider"), and the TOWN OF AVON, a Colorado Municipality, by and
through its Council, (hereinafter referred to as the "Town").
WITNESSETH:
WHEREAS, the parties wish to enter into a Subdivision Improvement
Agreement (the "Agreement") relating to improvements for Vail Avon
Commercial Park Condominiums, a subdivision located in the Town of Avon,
Eagle County, Colorado (the "Subdivision"), in order to establish the
responsibilities for certain improvements (the "Improvements") to the
Subdivision as provided for by Section 16.24.100 of the Avon Municipal
Code, as amended;
NOW, THEREFORE, in consideration of the following mutual covenants,
conditions and promises, the parties hereby agree as follows:
1. Subdivider agrees to furnish all equipment, labor and material
necessary to perform and complete, in a good and workmanlike manner, the
Improvements set forth on the attached Exhibit "A", incorporated herein
by this reference as if set forth in their entirety. Subdivider further
agrees that it will be responsible for all costs related to said work.
All said work shall be performed substantially in accordance with the
construction specifications and drawings heretofore or hereafter
submitted to and approved by the Town. All work shall be done under the
inspection procedures and standards established by the Town, shall be
subject to the reasonable satisfaction of the Town, and shall not be
deemed complete until the reasonable approval of the Improvements by the
Town.
2. All improvements shall be completed by June 30, 1995.
3. (a) To secure completion of the improvements, Subdivider
hereby agrees to secure its obligations under this Agreement by
providing the Town of Avon with a Performance Surety Bond acceptable to
the Town in the amount of $237,000.00.
(b) Units IN, and 2N, 2NA, 2NB, 2NC, 2ND, 2NE, 3N and 4N in
the Vail Avon Commercial park Condominiums shall not be sold,
transferred or otherwise conveyed until all of the Improvements required
under this Agreement are completed and approved by the Town. Nor shall
Units 3N or 4N be occupied prior to the completion of the Improvements.
4. Upon completion of the Improvements and upon payment of the
cost of such Improvements, as evidenced by proof satisfactory to the
Town, the Town agrees to release the security provided for in paragraph
3 hereof.
5. Upon completion of portions of the Improvements, Subdivider
will cause its engineers (who shall be registered in the State of
Colorado) to certify to the Town in writing that the installation of the
Improvements, as portions thereof may be completed from time to time,
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have been completed in conformance with all standards, drawings and
specifications as submitted to and previously approved by the Town.
Inspection reports, test results and other supporting documentation
shall be submitted weekly, during construction, with the certification.
The Town may provide periodic inspections as it deems necessary to
assure conformance with approved plans and specifications.
6. Any additional fees shall be paid to the Town by Subdivider,
within twenty (20) days after delivery of written invoice for such fees,
to cover the cost of inspections by the Town.
7. Subdivider agrees that in the event it shall fail to perform
its obligations as set forth herein, the Town shall be under no
obligation to complete or perform any of said Improvements. No one,
individually or otherwise, other than the parties hereto, shall acquire,
as a result of this Agreement, any rights, claims or obligations from or
against the Town, its agents, employees or officers. Actions by the
Town against Subdivider to enforce any provision of this Agreement shall
be at the sole discretion of the Town. No third parties shall have any
rights to require any action by the Town pursuant to this Agreement; and
this Agreement shall not create a liability on the part of or be a cause
of action against the Town, for any personal or property damage that may
result to any third parties from the failure of the Subdivider to
complete the improvements herein specified.
8. The Town shall not, nor shall any officer, agent, or employee
thereof, be liable or responsible for any accident, loss or damage
related to the work specified in this Agreement, nor shall the Town, nor
any officer, agent, or employee thereof, be liable for any persons or
property injured by reason of the nature of said work. Subdivider
hereby agrees to indemnify and hold harmless the Town, and any of its
officers, agents, and employees against any losses, claims, damages or
liabilities to which the Town or any of its officers, agents, or
employees may become subject to, because of any losses, claims, damages,
or liabilities (or actions in respect thereof) that arise out of, or are
based upon, any obligation of Subdivider as hereinbefore stated, which
arise prior to the expiration of all warranty periods set forth in
section 11 below. Furthermore, Subdivider shall reimburse the Town for
any and all legal or other expenses reasonably incurred by the Town in
connection with investigating or defending any such loss or claim.
9. In the event that Subdivider defaults in whole or in part in
the performance of this Agreement, the Town may give notice to the
Surety to proceed with the construction or completion of the
improvements. All costs of personnel, equipment and other matters
expended by Town in furtherance of the construction responsibilities of
Subdivider, shall be paid by Subdivider. Any such costs which have not
been reimbursed by Subdivider shall be paid out of the performance bond
hereinabove provided for. Without limiting the foregoing, 'own may
bring a mandatory injunction action against Subdivider to require
installation and construction of the Improvements, if not constructed
within the time limits described in this Agreement. If any such action
is brought by Town, Town shall be awarded its court costs and attorneys'
fees. In addition to the foregoing, any of the units described in
paragraph 3(b) above which have been occupied shall forthwith be vacated
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and shall not thereafter be occupied until the Improvements have been
completed.
10. The Town agrees to the approval of the Final Plat of the
Subdivision, subject to the terms and conditions of this Agreement.
11. This Agreement may be amended from time to time
such amendment be in writing and signed by all parties heretoided that
12. In the event of a lawsuit arising out of the terms of this
Agreement, the prevailing party shall be entitled to court costs and
reasonable attorneys fees.
13. This Agreement and the obligations hereof shall be deemed to
covenants running with the land and shall be binding on the successors
and assigns of the parties thereof.
The parties have executed this Agreement as of the date above
written.
VAIL AVON COMMERCIAL PARK LIMITED
LIABILITY COMPANY, a Colorado
Limited Liability Company
ATTEST:
By:
Thomas J. Conners, Manager
TOWN OF AVON, a Colorado Municipal
Corporation
By:
Town Clerk Mayor
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STATE OF COLORADO )
SS.
COUNTY OF EAGLE }
The foregoing Subdivision Improvements Agreement was acknowledged
before me' this day of 1995 by Thomas jr. Conners- as
Manager of Vail Avon Commercial Park Limited Liability Company, a
Colorado Limited Liability Company.
Witness my hand and official seal.
My commission expires on:
Notary Piabl is
STATE OF COLORADO )
COUNTY-OF EAGLE
The foregoing Subdivision Improvements Agreement was acknowledged
before me this day, of 1995-b'
as Mayor and as Town Clerk of the Town of
Avon, a Colorado Municipal Corporation.
Witness my hand'and official seal.
My commission expires on:
Notary Public
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EXHIBIT "Al'
IMPROVEMENTS To BE COMPLETED BY SUBDIVIDER
North retaining"wall and roadway as depicted and specified on Tech
Group, Inc. Drawing, No. 93-1573 as revised March 6, 1995.
Total direct aiid- indirect costs,
including Contractor's Fee $137,899.00
907
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