TC Res. No. 1998-45TOWN OF AVON
RESOLUTION NO. 98 - 45
Series of 1998
A RESOLUTION APPROVING THE FINAL PLAT FOR, A RESUBDIVISION OF
TRACT B, CHAPEL SQUARE SUBDIVISION, TOWN OF AVON, EAGLE COUNTY,
COLORADO AND ADDENDUM TO AGREEMENT FOR DEDICATION AND
MAINTENANCE OF PUBLIC ROADWAY.
WHEREAS, Leo Palmos has submitted a Final Plat for a Resubdivision of Tract B, Chapel
Square Subdivision, 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 conforms with the previously approved Preliminary Plat;
and
WHEREAS, the parties desire to provide for reimbursement by the Town of $200,000.00
toward the cost of dedication of Chapel Place.
NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN
OF AVON, that the Final Plat for A Resubdivision of Tract B, Chapel Square Subdivision,
Town of Avon, Eagle County, Colorado, and Addendum to Agreement for Dedication and
Maintenance of Public Roadway, attached hereto as Exhibit "A" is hereby approved by the Town
of Avon subject to:
1) Approval of PUD Zoning Amendment allowing zero lot line building setback as
created by proposed subdivision, prior to recording of Final Plat;
2) Addition of the-following Note on the Plat:
THE PROPERTY SHOWN ON THIS PLAT IS SUBJECT TO A PARKING
MAINTENANCE AGREEMENT, A COPY OF WHICH IS ON FILE IN THE
OFFICE OF THE TOWN CLERK OF THE TOWN OF AVON. SUCH
AGREEMENT OBLIGATES THE OWNER OF THE PROPERTY SHOWN ON
THIS PLAT TO MAINTAIN TRACT A, COMMUNITY SHOPPING CENTER,
INCLUDING SURFACE PARKING THEREON; TO REMOVE TRASH, SNOW
AND ICE, TO MAINTAIN LANDSCAPE; TO PROVIDE ADEQUATE
LIGHTING; TO MAINTAIN ROADWAYS; AND TO STRIPE PARKING
SPACES:' SUCH AGREEMENT, HAS A TWENTY YEAR TERM TO 2007
WITH AUTOMATIC EXTENSIONS SO LONG AS A LEASE EXISTS FOR A
WALMART STORE OR SUCCESSOR RETAIL DEPARTMENT STORE.
3) Completion of technical corrections as identified by town staff.
ADOPTED THIS 28th DAY OF July
,1998.
TOWN COUNCIL.
TOWN OF AVON, COLORADO
Jac_ awcett, Mayor
ATTEST:
Town Clerk
EXHIBIT "Pk
ADDENDUM TO AGREEMENT FOR
DEDICATION AND MAINTENANCE OF PUBLIC ROADWAY
THIS ADDENDUM is entered into the 2 8 thday of T111) , 1998,
between the TOWN OF AVON, a municipal corporation ("the Town") and CHAPEL SQUARE,
LLC, a Colorado limited liability company ("Declarant");
WHEREAS, an Agreement for Dedication and Maintenance of Public Roadway
("the Agreement") was entered into by the parties and signed on behalf of the Town the 23' day
of July, 1997, relating to the development of Lot 22, Benchmark at Beaver Creek, and Tract B,
Community Shopping Center, Town of Avon, County of Eagle and State of Colorado ("the
Project"); and
WHEREAS, the parties desire to amend the Agreement to provide for
reimbursement by the Town of the cost of Declarant's dedication of Chapel Place in compliance
with the Agreement;
NOW, THEREFORE, it is agreed as follows:
1. Town shall pay to Declarant the amount of $200,000 at such time as 1) the area
designated on the final plat as Chapel Place has been constructed in accordance with the
Agreement and approved by the Town, 2) the Town has issued a final certificate of occupancy for
the first habitable structure completed as a part of the Project and 3) maintenance of Tract A,
Community Shopping Center, has been restored to a level satisfactory to the Town.
2. The Agreement is continued is full force and effect as to each provision thereof
except only as modified by this Addendum.
TOWN OF AVON
By: a,-,e--~
~J
Ma or