09-30-2014 Wyndham DA Amendment No 1FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
WHEREAS, the Town of Avon ( "Town ") and Wyndham Vacation Resorts, Inc.
( "Wyndham ") entered into a Development Agreement dated February 26, 2013,
( "Development Agreement ") concerning Lot 1, a Resubdivision of a Replat of Lot 61,
Block 2, Benchmark at Beaver Creek, according to the Plat thereof filed February 23, 2004
at Reception no. 868662, County of Eagle, State of Colorado ( "Property "); and,
WHEREAS, Wyndham conveyed the Property to 75 Benchmark LLC ( "Owner "), on October
22,2013, and as such, Wyndham assigned the Development Agreement to Owner in that
certain Assignment and Assumption of Development Agreement, dated October 22, 2013.
WHEREAS, the Town and Owner desire to amend the Development Agreement in writing
in accordance with Section 9.7, and the Town has posted notice and conducted public
hearings as required.
NOW, THEREFORE, the Town and Owner agree to the amend Sections 5.2(a), 5.2(b) and
5.2 (h) to the Development Agreement as follows:
Section 5.2(a) of the Development Agreement is amended by replacing Section 5.2(a) in its
entirety to read as follows:
(a) Area A of Exhibit B: Owner agrees to install all landscaping, hardscape
and other similar improvements, consistent with the 2014 Mall Improvement
Plan, within Area A of Exhibit B as called out in the Development Plan and
agrees to pay Town $25,693.34 for the installation of bollard lighting within
Area A of Exhibit B.
Section 5.2(b) is amended by deleting the second sentence, so that Section 5.2(b) shall read
in its entirety as follows:
(b) Area B of Exhibit B: Town agrees to install Area B of Exhibit B (the LSL
Path) as called out in the Development Plan. The Town agrees to complete all
construction within Area B of Exhibit B on or before the date that construction
of the Development is complete, as evidenced by Owner's application to the
Town for a certificate of occupancy for the Development
Section 5.2(h) is deleted in its entirety.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, Town and Owner have executed this Agreement as of the date
first written above.
TOWN OF AVON
By:- �-
Rich Carroll, Mayor
ATTEST
Debbie Hoppe, Towh Clerk
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Subscribed before me this [('.? day of r2 , 20L�, by
_ iSh � aEff) j as Mayor and P as Town Clerk of Town of Avon, a
Colorado municipal corporation.
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OWNER:
75 Benchmark LLC, -a. Colorado limited liability
company
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STATE OF
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COUNTY OF )
Subscribed before me this day of MkIeK 20 `1, by
c. Atk g ' c w as . I d A �, L 1 of 75
BENCHMARK aC, a Colorado limited liability company.
My commission expires: c Zd
tart' ublic
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No.019W77� ; 18.2417