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TC Council Packet 10-09-2001Town Council Meetings Roll Call Check Sheet Michael Brown Debbie Buckley Peter Buckley Rick Cuny Mac McDevitt Buz Reynolds Judy Yoder II/ I \? Date: 10/9/01 VV V V/ 0 ?T ? Roll calls are called at start of meeting and for Ordinances. Do not call Mayor except for meeting roll call or to break a tie vote. Seating arrangements from west to east: P. Buckley, Cuny, Reynolds, Yoder, McDevitt, D. Buckley, Brown Staff Present: V Bill Efting Larry Brooks ? Burt Levin ? Kris Nash Jacquie Halburnt Scott Wright Jeff Layman ? Ruth Borne ?- Norm Wood Other Staff Meryl Jacobs Bob Reed Harry Taylor ?` STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A WORK SESSION OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, WILL BE HELD OCTOBER 9, 2001, AT 11:00 AM IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, COLORADO FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: (Lunch will be Served) 11:00 AM -1:00 PM 1.) Joint Meeting with Planning & Zoning a.) Employee Housing Design (Break) 3:00 PM - 3:15 PM 2 Financial Matters (Executive Session) 3:15 PM - 4:15 PM 3.) l Beaver Creek Landing Presentation ?'1 } (Confluence) (Jonathan Greene) 4:15 PM - 4:30 PM 4) Eagle River Bike Path to Confluence/Present Plans (Norm Wood) 4:30 PM - 5:00 PM 5.) Village at Avon Discussion (Larry Brooks) Annexation & Development Agreement Amendment No. 1 5:00 PM - 5:15 PM 6.) Staff Updates Consent Agenda Questions Council Committee Updates AND SUCH OTHER BUSINESS AS MAY COME BE /FORE THE COUNCIL THIS MEETING IS OPEN TO THE PUBLIC r TO F AVON, COLORADO BY: en Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON OCTOBER 5, 2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN TBE MAIN LOBBY • Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer Ruth Borne, Director of Community Development5%4-c.. Date October 4, 2001 Re: First Amendment to Annexation and Development Agreement between Traer Creek LLC ("Traer), EMD Limited Liability Company ("EMD', Traer Creek Metropolitan District and the Town of Avon Summary: The purpose of this memo is to outline the changes from the original Annexation and Development Agreement ("Original Agreement") dated October 13, 1998 and the proposed First Amendment to Annexation and Development Agreement ("First Amendment") for the Village at Avon. The document is being revised to reflect the different development scenarios that have occurred. In any areas where the First Amendment is not modifying the Original Agreement, then the Original Agreement will remain in force and effect. Parties to the Agreement: The Original Agreement was between EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC, PVRT NOTT III LLC, collectively known as the Owner and the Town of Avon. The First Amendment indicates that the other entities were merged into EMD Limited Liability Company, which has become the sole Owner. In addition, EMD has specifically granted the right to Traer Creek LLC ("Traer") to amend the Original Agreement as to all of the Property with the exception of Planning Area M, which is comprised of approximately 47 acres for regional commercial development. Traer Creek Metropolitan District has been created to finance and construct infrastructure improvements, including public facilities consistent with the terms of the Original Agreement. All references to the term District shall now be construed to apply to Traer Creek Metropolitan District. PUD Development Plan: The Original Agreement referred to the Sketch/PUD Development Plan dated October 9, 1998, which has been amended by PUD Development Plan Administrative Amendment No. 1 to indicate the appropriate street alignments and planning areas. The First Amendment appropriately references the changes to the PUD. 1-70 Improvements: The Original Agreement, Section 4.2 required the 1-70 Interchange to be completed within four (4) years after the date of either the issuance of the first building permit for construction or six (6) months after date of Final Approval, whichever occurred first. That date was April 13, 2003. The First Amendment requires the Traer Creek Metropolitan District ("District") to complete construction of the 1-70 improvements by June 15, 2003, which is now referred to as "Interstate 70 Completion Date". Both the Original Agreement and the First Amendment require the District to provide CDOT with security in the form of a completion bond or in such other form acceptable to CDOT to ensure that adequate funds are available for completion of the 1-70 Interchange. Both agreements also require quarterly reports of the status of the permitting process be provided to the Town. The Original Agreement further permitted the Owner to complete construction of up to 40% of the dwelling units and 40% (260,00 square feet) of the commercial space prior to completing construction of the 1-70 Interchange. The First Amendment allows the Owner to receive building permits for 40% of the dwelling units and 315,000 square feet of commercial space until the Interstate 70 Completion date of June 15, 2003. No certificate of occupancy will be issued for commercial space in excess of 260,000 sq. ft. if construction for the 1-70 Improvements has not commenced. East Beaver Creek Boulevard Improvements: The First Amendment has broken down the East Beaver Creek Boulevard Improvements into phases. The phasing of the improvements was not addressed in the Original Agreement. Phase 1 consists of a temporary (non-public) service road for construction traffic only which will connect at the Highway 6 Connector Road. The Phase 1 improvements should be completed prior to vertical construction in Planning Areas K and L (big box pad sites). Phase 2 Improvements consist of paving the two-lane temporary road and connecting a paved temporary road to Chapel Place. The Phase 2 improvements should be completed no later that the issuance of the first certificate of occupancy for Planning Areas K and L. Phase 3 Improvements include constructing a two-lane road and streetscape improvements to connect Beaver Creek Place and East Beaver Creek Boulevard consistent with the Town's East Beaver Creek Streetscape Improvements Plans. The District must commence these improvements by April 15, 2005 and complete by December 31, 2005. The Phase 3 Improvements must be completed earlier in the event there is any further subdivision in Planning Areas A-F. Phase 4 Improvements shall consist of converting the Phase 2 improvements to permanent roads. I] X Page 2 Swift Gulch Road Improvements: The Original Agreement allowed for a one lane gravel or paved road until the 1-70 Interchange was completed. After the Interstate 70 Improvements were substantially completed, then the Council could notify the Owner that the road be either an emergency access road or a two-lane paved general circulation road. There is no language regarding reimbursement for any of these costs. The First Amendment requires the Swift Gulch Road Improvements be completed at the time of completion of the 1-70 Improvements which include a two lane paved general circulation road with either six (6"0") wide paved shoulders on each side or a separated ten (1 OV) wide paved bike/pedestrian path one side of the road. The Town is required to reimburse the District for the cost of the paved shoulder upon receipt of proper documentation. Public Works Site: The Original Agreement required the Owner or the District to convey when required for use by the Town up to three (3) parcels resulting in an aggregate of four (4) buildable acres south of 1-70 for a public works facility and fire station site. No single parcel was greater than two (2) buildable acres. The First Amendment requires the District to convey the public works site, which is four (4) total acres and known as Lot 5, Filing 1 within thirty days after issuance of the first certificate of occupancy for any improvements within Planning Areas K and L. Fire Station and Fire Protection: The First Amendment references the creation of the Eagle River Fire Protection District ("ERFPD") and recognizes that the District is no longer liable to the Town for fire protection services. ERFPD will also receive one acre for fire station facilities in addition to the 4-acre Public Works site. Security of Bond Issue Proceeds for 1-70 Interchange: The Original Agreement required an IGA between the Town, the Owner, and CDOT to ensure completion of the 1-70 Interchange. The First Amendment does not require an IGA but does continue to require adequate assurance of the bond proceeds to cover the 1-70 Interchange improvements. The assurances include a construction performance completion bond for the contractor for labor and materials; the sale of bonds will go into escrow and administered by CDOT; and there is a liquidated damages clause in the event work on the 1-70 Improvements is not satisfactorily completed within the contract time. Collection of Delinquent Fees: According to the First Amendment, the Public Improvement Company may request the Town to assess delinquent Project Fees (tax, interest, penalties and costs). The Town retains the costs for enforcing the collection of taxes as well as an administrative fee equal to 20%. This provision was not addressed in the Original Agreement. Retail Sales Fee, Real Estate Transfer Fee and Accommodation/Lodging Fee: This provision has been amended to allow for the portion of proceeds of Retail Sales Fee, Real Estate Transfer Fee and Accommodation/Lodging Fee which is equal to X Page 3 the Town tax to be pledged to District(s). Any portion of such fees that exceed the Town tax will be remitted to the Public Improvement Company for payment of infrastructure and public facilities. Initially the proceeds were only remitted to one or more of the Districts. Use Tax/Fee: The First Amendment now incorporates a provision, which accommodates the possibility of imposing a use tax or fee. Indemnity for Lost Tax Revenues for Wal-Mart and City Market: The First Amendment clarifies the Original Agreement to protect the Town in the event either City Market or Wal Mart, an affiliate, parent or subsidiary of these companies relocates to the Village. The sales tax revenue is lost if either Wal Mart or City Market relocates to a location other than the Village. Attachment: First Amendment to Annexation and Development Agreement E 11 X Page 4 FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT This FIRST AMENDMENT TO ANNEXATION AND DEVELOPMENT AGREEMENT (this "First Amendment") is made as of , 2001, by and between TRAER CREEK LLC, a Colorado limited liability company ("Traer"), EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company ("EMD' ), TRAER CREEK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado (the "District'), and the TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town"). RECITALS A. The Town previously executed that certain Annexation and Development Agreement dated as of October 13, 1998, and recorded in the Eagle County, Colorado, real property records at Reception No. 677743 on November 25, 1998 (the "Original Agreement"). The Original Agreement pertains to certain real property generally known as The Village (at Avon) and more particularly described in Exhibit A attached to the Original Agreement (the "Property). The Property was then owned by EMD, PVRT NOTT I LLC, PVRT NOTT II LLC and PVRT NOTT III LLC (the "Original Parties"), each of which was a signatory of the Original Agreement and which, collectively, constituted the "Owner" as that term was used in the Original Agreement. Subsequently, the other entities comprising the original "Owner" were merged into EMD, which became the sole "Owner" as that term is used in the Original Agreement. B. Pursuant to Section 1.4 of the Original Agreement, EMD has specifically granted to Traer, in writing, the right to amend the Original Agreement as to all of the Property except Planning Area M, with respect to which EMD retains the right to amend the Original Agreement. C. The District has been formed in order to finance and construct certain infrastructure improvements and to perform certain other obligations of the Owner under the Original Agreement. Pursuant to Sections 4.4 and 6.9 of the Original Agreement, the District wishes to execute and be a party to this First Amendment in order to assume in writing certain obligations of the Owner under the Original Agreement. D. The Town, Traer, EMD and the District desire to modify certain terms and conditions of the Original Agreement as set forth in this First Amendment. AGREEMENT NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements of the Town, Traer, EMD and the District, as more particularly set forth herein, and in consideration of other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the Town, Traer, EMD and the District covenant and agree as follows: 492674.12 MLAYER 10/4/01 &04 AM 1. Defined Terms. Unless otherwise defined in this First Amendment, capitalized terms used herein shall have the meanings ascribed to them in the Original Agreement. 2. Amendments. The Original Agreement is hereby modified as follows: (a) Section 1.1.10 is amended and restated to read in its entirety as follows: District: The Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado, which is one of the Special Districts referred to in Section 4.4. All references to the term "Districts," or to the phrase "one or more of the Districts," shall be construed as a reference to the Traer Creek Metropolitan District. (b) A new Section 1.1.14(a) is inserted to read in its entirety as follows: EMD: EMD Limited Liability Company, a Colorado limited liability company. (c) Section 1. 1.26 is amended and restated to read in its entirety as follows: Owner: Collectively, EMD, Traer and their respective successors and With respect to those obligations of Owner which the District has expressly ns ssi . g a dertaken and assumed pursuant to Sections 4.4 and 6.9, references to the term "Owner" un construed to be references to the District only, and not as references to EMD ll b h e a s and/or Traer. (d) A new Section 1.1.26(a) is inserted to read in its entirety as follows: Phase 1 Improvements: As defined in Section 4.3(b)(i). (e) A new Section 1.1.26(b) is inserted to read in its entirety as follows: Phase 2 Improvements: As defined in Section 4.3(b)(ii). (fl A new Section 1.1.26(c) is inserted to read in its entirety as follows: Phase 3 Improvements: As defined in Section 4.3(b)(iii). (g) A new Section 1.1.26(d) is inserted to read in its entirety as follows: Phase 4 Improvements: As defined in Section 4.3(b)(iv). (h) Section 1.1.32 is amended and restated to read in its entirety as follows: Public Improvement Companies: As defined in Section 4.4. 492674.12 MIAYER 1014/01 8:04 AM 2 (i) A new Section 1.1.34(a) is inserted to read in its entirety as follows: PUD Development Plan Administrative Amendment No. 1: As approved by the Town on June _, 2001, the development plan for the Project which amends in its entirety the Sketch/PUD Development Plan. 0) Section 1. 1.43 is amended and restated to read in its entirety as follows: Sketch/PUD Development Plan: The Village (at Avon) PUD Development/Sketch Plan for the Project, prepared by Peter Jamar Associates, Inc., and submitted to the Town on July 10, 1998, as approved by the Town and as amended in its entirety by the PUD Development Plan Administrative Amendment No. 1 and any approved future amendments thereto. Unless the context clearly indicates otherwise, all references to the term "Sketch/PUD Development Plan" shall be construed as a reference to the PUD Development Plan Administrative Amendment No. 1 and any approved future amendments thereto. (k) A new Section 1.1.43(a) is inserted to read in its entirety as follows: Special Districts: Traer Creek Metropolitan District and The Village Metropolitan District. (1) A new Section 1.1.48(a) is inserted to read in its entirety as follows: 0 Traer: Traer Creek LLC, a Colorado limited liability company. (m) Section 4.2 is amended and restated to read in its entirety as follows: 4.2 I-70 Improvements and Development Limitations. The District shall diligently pursue obtaining the necessary permits to facilitate the establishment and construction of the Interstate 70 Improvements, consisting of (i) a full diamond interchange on Interstate 70 (the "Interstate 70 Interchange") serving the proposed road that will cross Interstate 70, as such road is depicted in the PUD Development Plan Administrative Amendment No. 1, and (ii) a road designed, in accordance with the road standards set forth in Section 1.5 of the PUD Guide, to connect the Interstate 70 Interchange to Highway 6 as depicted in the PUD Development Plan Administrative Amendment No. 1 (the "Highway 6 Connector Road"), which Highway 6 Connector Road shall include, subject to obtaining all required permits and approvals, a roundabout at the intersection of Highway 6 and such Highway 6 Connector Road. The Town will cooperate (without any obligation to incur any out-of-pocket expenses to third parties that are not reimbursed by the District) with the District to cause completion of construction of the Interstate 70 Improvements by a target date of June 15, 2003 (the "Interstate 70 Completion Date"). At or prior to the time that CDOT so requires, the District shall provide to CDOT security in the form of a completion bond or in such other form acceptable to CDOT to ensure that adequate funds are available for completion of the Interstate 70 Interchange. The District shall deliver to the Town quarterly reports of the status of the permitting process. Development within the 492674.12 WAYM 10!4!61 8:04 AM 3 Property prior to completion of the Interstate 70 Improvements shall be subject to the following provisions: (a) Prior to the District completing construction of the Interstate 70 Improvements, Owner shall be entitled to apply for and receive from the Town building permits and certificates of occupancy for forty percent (40%) of the Dwelling Units permitted under the Development Plan and three hundred fifteen thousand (315,000) square feet of Commercial Space. If the Interstate 70 Improvements are not completed by the Interstate 70 Completion Date, then the Town shall have no obligation to issue building permits for development in excess of the foregoing numbers after the Interstate 70 Completion Date until the Interstate 70 Improvements have been completed. However, if the Town issues a building permit which, upon completion of construction, will result in more than two hundred sixty thousand (260,000) square feet of constructed Commercial Space, cumulatively, within the Property, then the District shall have commenced construction of the Interstate 70 Interchange prior to the Town being obligated to issue any certificate of occupancy which will result in the occupancy of more than two hundred sixty thousand (260,000) square feet of constructed Commercial Space, cumulatively, within the Property. (b) Except as described in subparagraph (a) of this Section 4.2, the Town shall have no obligation to issue building permits or certificates of occupancy for Dwelling Units or Commercial Space until construction of the Interstate 70 Improvements is completed. If (A) construction of any Dwelling Units or Commercial Space other than that described in subparagraph (a) of this Section 4.2 has been commenced but has not been completed on the Interstate 70 Completion Date, and (B) the Interstate 70 Improvements have not been completed by such Interstate 70 Completion Date, then, upon receiving written notice from the Town, the Owner shall cease construction of such Dwelling Units or Commercial Space, as the case may be. Notwithstanding the foregoing, upon written request of Owner, the Town may consent to issue building permits in excess of the restrictions set forth above and permit construction on projects in progress to continue to completion, and issue certificates of occupancy, past the Interstate 70 Completion Date, which consent shall not be unreasonably withheld or delayed. (n) Section 4.3(b) is amended and restated to read in its entirety as follows: (b) Subject to timely obtaining the necessary rights-of-way and permits, the District shall cause East Beaver Creek Boulevard to be connected to the western boundary of the Property and extended through the Property to the Highway 6 Connector Road (the "East Beaver Creek Boulevard Improvements"). The Town will timely obtain and make available to the District all property and rights-of-way required for the East Beaver Creek Boulevard Improvements and the out-of-pocket costs incurred by the Town in purchasing or otherwise obtaining such property and rights-of-way shall be reimbursed by the District. Construction of the East Beaver Creek Boulevard Improvements shall occur in phases, as set forth below: ?J 492674.12 MLAYER 10/4/01 8:04 AM 4 (i) Phase I of the East Beaver Creek Boulevard Improvements (the "Phase 1 Improvements") shall consist of the construction of a temporary, non-public extension of an all-weather surface (dust free) service road (portions of the paved surface of the abandoned airport runway may be used) from the western boundary of the Property to the Highway 6 Connector Road. Such extension shall be used for construction traffic only, which construction traffic on the non-public service road shall not be subject to the Town's ordinances pertaining to vehicular weight restrictions. Construction traffic shall be subject to the Town's ordinances pertaining to vehicular weight restrictions upon issuance of the first certificate of occupancy (temporary or final) issued for an improvement within Planning Areas K or L. Subject to the Town's timely issuance of the requisite permits, the District shall employ commercially reasonable efforts to cause completion of the Phase 1 Improvements prior to commencement of any vertical construction within Planning Area K or Planning Area L. (ii) Phase 2 of the East Beaver Creek Boulevard Improvements (the "Phase 2 Improvements") shall consist of (A) converting the Phase 1 Improvements to a two (2) lane paved temporary surface, and (B) a two (2) lane paved temporary surface connecting Chapel Place to the Phase 1 Improvements. Subject to the Town's timely issuance of the requisite permits, the District shall complete the Phase 2 Improvements by not later than the date on which the Town issues the first certificate of occupancy for Commercial Space within Planning Area K or Planning Area L. (iii) Phase 3 of the East Beaver Creek Boulevard Improvements (the "Phase 3 Improvements") shall consist of the following improvements to the segment of East Beaver Creek Boulevard between the western terminus of Beaver Creek Place and the western boundary of The Village (at Avon): (A) construction of a two-lane roadway with a third auxiliary lane at intersections and access points; (B) streetscape improvements to the segment between the western terminus and the eastern terminus of Beaver Creek Place, which improvements shall be in general conformance with the East Beaver Creek Boulevard Streetscape Improvement Plans dated April 2000, prepared by Inter-Mountain Engineering, Ltd. for the Town of Avon; and (C) streetscape improvements to the segment between the eastern terminus of Beaver Creek Place and the western boundary of The Village (at Avon), which improvements shall be in general conformance with the streetscape improvements within Planning Area A. Subject to the Town's timely issuance of the requisite permits, the District shall commence the Phase 3 Improvements by April 15, 2005, and shall employ commercially reasonable efforts to cause completion of the Phase 3 Improvements on or before December 31, 2005; provided, however, that in the event of an earlier re-subdivision of any area within Planning Areas A through F, inclusive, within The Village (at Avon) 492674.12 MLAYER 10/4/01 8:04 AM 5 Filing No. 1, the District shall commence the Phase 3 Improvements by April 15, and shall employ commercially reasonable efforts to cause completion thereof by December 31, of the year immediately following the recordation of any final subdivision plat which re-subdivides any such area. (iv) Phase 4 of the East Beaver Creek Boulevard Improvements (the "Phase 4 Improvements") shall consist of converting the Phase 2 Improvements from temporary to permanent by the construction of (A) a permanent extension from the east terminus of Beaver Creek Place to the Highway 6 Connector Road in accordance with the road standards set forth in Section 1.5 of the PUD Guide, and (B) final design and construction of a connection to Chapel Place. The District shall cause the Phase 4 Improvements to be commenced and completed in accordance with the subdivision process involving Planning Areas A through J, inclusive. (o) Section 4.3(c) is amended and restated to read in its entirety as follows: (c) Subject to all necessary permits and approvals having been issued for the following described roadway improvements, which permits and approvals the District shall diligently pursue, the District shall construct a two-lane paved general circulation road with grades not exceeding ten percent (10%) and otherwise in accordance with the road standards set forth in Section I-5 of the PUD Guide, which road shall extend easterly from the point where Swift Gulch Road terminates in Planning Area RMF-2 to the road designed to pass under Interstate 70 and serve Planning Areas RMF-1, RMF-3 and Residential Lot 1 and Lots 6-96 (the "Swift Gulch Road Improvements"). The Swift Gulch Road Improvements shall be completed at the time of completion of the Interstate 70 Improvements, and shall include six foot (6') wide paved shoulders on both sides, or, in lieu thereof, if mutually agreed upon by the District and the Town, a ten foot (10') wide paved bike / pedestrian path on one side of the road, which shall be separated from the roadway. Within sixty (60) days after receipt of an itemized statement and supporting documentation for such costs, the Town shall reimburse the District for the full cost of paving the six foot wide shoulders, based on the unit cost of asphalt paving for the Swift Gulch Road Improvements. (p) Section 4.3(d) is amended and restated to read in its entirety as follows: (d) Within thirty (30) days after the Town's issuance of the first certificate of occupancy (temporary or final) for any improvement within Planning Areas K or L, Owner shall convey to the Town a parcel of land which is described as "Lot 5, The Village (at Avon) Filing 1" in the final plan submittal package which Owner submitted to the Town on June , 2001. Upon Owner's determination of the location and subsequent to the recordation of a final plat for the relevant Planning Area, Owner shall convey to the Eagle River Fire Protection District a parcel of land to be used exclusively for construction and operation of a fire protection facility, which shall consist of approximately one buildable acre in a location designated by Owner, and which may 492674.12 MLAYM 10/4/01 8:04 AM 6 be located within Planning Area N or an "OS" or "P" Planning Area. The foregoing dedications constitute, collectively, the "Public Works Dedication." Construction and operation of the public works facility and the fire protection facility shall comply with the terms of the Development Plan and architectural standards and design guidelines established by the Design Review Board. In compliance with any such design guidelines, but at least ninety (90) days prior to commencing construction of any improvements on any such site or sites, the Town or the Eagle River Fire Protection District, as applicable, shall deliver to the Design Review Board copies of plans for such improvements. Owner or the District may at its sole option and at its sole expense, upgrade all or any portion of the exteriors of such improvements. (q) Section 4.3(j) is amended and restated to read in its entirety as follows: 0) The District shall include in its first bond issue proceeds of no less than the amount reasonably estimated by the District to be the cost of constructing the Interstate 70 Interchange, which proceeds shall be dedicated to paying the costs of constructing such Interstate 70 Interchange. If, at the time of the District's first bond issue, it is not reasonably anticipated by the District and the Town that the Interstate 70 Interchange will be completed within three (3) years, the District may, with the approval of the Town, delay issuance of the Interstate 70 Interchange portion of such issue to avoid adversely affecting the federal income tax exemption of interest on the bonds, but only until such time as completion of the Interstate 70 Interchange is reasonably anticipated by the District and the Town to occur within three (3) years. Such bond proceeds shall be deposited into an escrow account to, among other things, ensure to the Town that, if the District fails to apply such bond proceeds toward purchase of a CDOT completion bond or as other security to CDOT as contemplated in Section 4.2, or otherwise towards construction of the Interstate 70 Interchange, the Town will have access to such proceeds for such purposes. The Town acknowledges, however, that if the District provides to CDOT the completion bond or other security acceptable to CDOT with respect to completion of the Interstate 70 Interchange as contemplated by the last sentence of Section 4.2, the District shall have no obligation to also provide separate security to the Town with respect to completion of the Interstate 70 Interchange. (r) Section 4.4 is amended and restated to read in its entirety as follows: 4.4 Public Facilities. Owner has created two public improvement companies having as members all property owners within the Project (collectively, the "Public Improvement Companies") and two special districts (collectively, the "Special Districts") to facilitate financing and development of the infrastructure improvements and public facilities of the Project, including, without limitation, development of the road and utility improvements contemplated by the Development Plan. Owner reserves the right to create such additional public improvement companies and/or special districts as may be necessary or desirable from time to time, and the Town shall reasonably cooperate with Owner with respect to the creation of such additional entities. The formation documents of the Public Improvement Companies and the Special Districts, together with contracts entered into by and between the Public Improvement Companies and the Special Districts, require the Public Improvement Companies and the Special Districts to honor their obligations under this Agreement, including the obligation of the Public 492674.12 N"YER 10!4/01 8:04 AM 7 Improvement Companies to remit to the Special Districts the portion of the Project Fees equal to the corresponding Town tax. Accordingly, the Public Improvement Companies within the Property, the tin ll d i g ec co ng an have established the mechanisms for impos Project Fees as contemplated in Section 4.5. The District will provide public facilities and services that the Town might otherwise have to provide, and has entered into contractual arrangements with the Public Improvement Companies with respect to the performance and financing of such obligations. The Town shall cooperate with the operation of the Special Districts, and with the implementation of the financing, development and maintenance of the public facilities for the Project. Pursuant to Section 4.11, the Public Improvement Companies shall keep sufficient records with respect to assessment and collection of the Project Fees, and shall require the filing of returns by the appropriate business or person with respect thereto, to ensure that there will be an adequate audit trail with respect to the matters addressed in this Section 4.4 and in Section 4.5. If the Public Improvement Companies are unable to collect any portion of the Project Fees due to delinquency, deficiency, or failure to file, the Public Improvement Companies may promptly notify the Town in writing, and the Town shall institute the procedures authorized under the Municipal Code to enforce and collect the corresponding Town tax, interest, penalties and costs. The Town shall then remit such tax revenues to the Public Improvement Companies or to the District, subject to the following conditions: (a) the Town shall retain an amount equal to its costs incurred in enforcing its collection of taxes under the Municipal Code, as well as an administrative fee equal to [20%] of any tax and/or penalty actually collected; (b) the obligation is subject to any prior lien on such Town taxes securing the Town's sales tax revenue bonds outstanding as of the date of the Original Agreement; (c) the Town will have no responsibility to collect any increment of the Project Fees which is in excess of the corresponding Town tax or which is assessed against any transaction that is exempt from the corresponding Town tax under the Municipal Code as then in effect; and (d) the Town does not guarantee or insure that it will be able to collect any delinquent or deficient Project Fees. Under no circumstances shall the Town be subject to any legal liability to the Public Improvement Companies or to the Special Districts on account of the Town's failure to collect some or all of the delinquent or deficient Project Fees on behalf of such entities. The Town acknowledges that if the person or entity which failed to timely pay such Project Fee subsequently remits such Project Fee to the Public Improvement Company, such payment shall result in the application of a simultaneous credit against such person or entity's tax obligation, which credit shall fully satisfy any corresponding tax liability to the Town. The Town shall nevertheless be entitled to recover from the Public Improvement Company the administrative fee and any costs incurred in the enforcement and recovery of such Project Fees. (s) The initial three sentences of Section 4.5 are amended and restated to read in their entirety as follows (all other sentences of Section 4.5 being unaffected hereby): The applicable Public Improvement Company may assess a sales and/or use fee on certain transactions occurring, and products used or consumed, within the 492674.12 MLAYER 1014/018:04 AM 8 Project, including any retail sales occurring and/or building materials used within the Project (such sales and/or use fees constituting, collectively, the "Retail Sales Fee"), and a real estate transfer fee on certain transfers of real property within the Project (the "Real Estate Transfer Fee"), and an accommodations/lodging fee on certain lodging accommodations transactions within the Project (the "Accommodations/Lodging Fee"). The portion of the proceeds of such Retail Sales Fee, Real Estate Transfer Fee and any Accommodations/Lodging Fee which is equal to the corresponding Town tax shall be pledged and remitted to one or more of the Districts, and any portion if such fees which exceeds the amount of the corresponding Town tax may be retained by the applicable Public Improvement Company, in either case to be applied toward payment of infrastructure and public facilities costs for ongoing operation, maintenance and administrative expenses of the Project, including, without limitation, contractual obligations of such Districts to the Town. Subject to the provisions set forth below, so long as the Public Improvement Company imposes such Retail Sales Fee, Real Estate Transfer Fee and/or Accommodations/Lodging Fee, in consideration therefor and for the remittance and application of proceeds from such Project Fees toward payment of the costs of providing and maintaining infrastructure improvements and public facilities for the Project as provided herein, the Town shall waive with respect to transactions occurring within the Project imposition of the corresponding retail sales taxes, use taxes, real estate transfer taxes and accommodations/lodging taxes otherwise applicable within the Town, except any sales or accommodations tax increases duly adopted by the Town after the date of this Agreement, the proceeds of which increases are dedicated to specific projects identified in connection with such adoption. (t) Section 4.10(a)(iii) is amended and restated to read in its entirety as follows: (iii) The Property is included within the boundaries of, and is subject to property tax assessment for, the Eagle River Fire Protection District. Accordingly, the Town shall not include within any Municipal Services Invoice, and neither Owner nor the District shall have any obligation to the Town for, any assessment of cost for regional fire protection services. (u) Section 4. 1 0(a)(vi)(B) is deleted in its entirety. (v) Section 4.10(a)(vii) is amended and restated to read in its entirety as follows: (vii) the sum of all charges described in clauses (i) through (vi) above with respect to a particular Municipal Services Invoice shall constitute the total amount due to the Town from the Project and the Property with respect to the Town's provision of the Municipal Services for the applicable year (each, a "Required Municipal Services Payment"). C7 492674.12 MLAYER 10/4/01 9:04 AM 9 (w) The introductory sentence of Section 4.13 and subparagraph (a) of Section 4 .13 are amended and restated to read in their entirety as follows (subparagraph (b) of Section 4.13 being unaffected hereby): 0 4.13 Design Review. Owner shall establish a design review board to review for conformity with the PUD Guide and applicable covenants, conditions and restrictions development proposals for the Property or any portion of the Property (the "Design Review Board"). (a) The Design Review Board shall consist of not more than five (5) members, one (1) of whom shall be a member of the Town's Planning and Zoning Commission designated by the Town from time to time, and the remainder of whom shall be appointed as provided in the governing documents of the Design Review Board. (x) A new Section 4.14(f) is inserted to read in its entirety as follows: (f) If the District becomes liable for payment to the Town of the applicable annual shortfall as described above because either Wal-Mart or City Market, or both, have vacated their respective present sites within the Town and relocated to a site within the Property, and if either Wal-Mart or City Market, or both, subsequently cease for any reason to operate in a site within the Property, then the applicable District shall thereupon be relieved from any further obligation or liability to the Town with respect to any further payment of the applicable annual shortfall even though such vacated space within the Property may later be occupied by a business that is substantially similar to Wal-Mart or City Market, as the case may be, but is unrelated to such entity; provided, however, that regardless of any change in ownership or change in the trade name used for the business, neither Wal-Mart nor City Market will be considered to have ceased to operate within the Property for so long as the business operation continues in a substantially similar form to that operated by Wal-Mart or City Market, as applicable, if such operation is conducted under the same or another name by an affiliate, parent or subsidiary of Wal-Mart and/or City Market, respectively. (y) Pursuant to the terms of Section 6.8, the parties hereby designate the following addresses for notice or communication in substitution of the addresses originally set forth in Section 6.8 (the substantive provisions of Section 6.8 being unaffected hereby): n 492674.12 ML.AYER 1014/01 9:04 AM 10 If to Town: Town of Avon P.O. Box 975 400 Benchmark Road Avon, Colorado 81620 Attn: Town Manager With a copy to: Town of Avon P.O. Box 975 400 Benchmark Road Avon, Colorado 81620 Attn: Town Attorney If to Owner by mail delivery: Traer Creek LLC ENO Limited Liability Company P.O. Box 640 Vail, Colorado 81658 Attn: William J. Post, Esq. 0 Or, for delivery other than by mail: Traer Creek LLC EMD Limited Liability Company 0322 East Beaver Creek Blvd. Avon, Colorado 81620 Attn: William J. Post, Esq. With a copy to: Often, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17th Street, Suite 1600 Denver, Colorado 80202 Attn: Thomas J. Ragonetti, Esq. Munsey L. Ayers, Esq. If to the District: Traer Creek Metropolitan District c/o McGeady Sisneros, P.C. 1675 Broadway, Suite 2100 Denver, Colorado 80202 Attn: Darlene Sisneros, Esq. 492674.12 MLAYM 1014101 8:04 AM I 1 3. _District's Assumption of Obligations; Release. By its execution of this First Amendment, and subject to the limitations set forth below, the District ratifies and assumes each and every obligation of the District and/or Districts as set forth and described in any provision of the Original Agreement, as contemplated in Sections 4.4 and 6.9 of the Original Agreement. The Town acknowledges that, pursuant to Section 6.9 of the Original Agreement, the District's foregoing express assumption of such obligations operates to relieve EMI) and Traer of any further obligations under the Original Agreement, as modified by this First Amendment, with respect to those matters which the District has assumed. The Town further acknowledges that the District's assumption of such obligations is subject to annual budget and appropriation, and is subordinate to any bonds issued by the District. 4. Effect of Amendment. Except as expressly modified by this First Amendment, the Original Agreement is unmodified, and is hereby ratified and affirmed, and shall remain in full force and effect in accordance with its terms. If there is any inconsistency between the terms of the Original Agreement and the terms of this First Amendment, the provisions of this First Amendment shall govern and control. 5. Authority to Amend; Vesting of Property Rights. In accordance with the terms and conditions of Section 1.4 of the Original Agreement, the Town's approval of this First Amendment is subject to the public notice and public hearing procedures required for approval of the Original Agreement. Because the Original Agreement constitutes a site specific development plan which established statutory vested property rights pursuant to Article 68 of Title 24, C.R.S., as amended, and because this First Amendment is an amendment thereto, the Town shall adopt an ordinance ratifying this First Amendment and shall cause publication of the notice described in Section 24-68-103(1), C.R.S., as amended. Pursuant to Section 17.14.050 of the Municipal Code: Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended. 6. Governing Law. This First Amendment shall be governed by and construed in accordance with the laws of the State of Colorado. 7. Counterparts. This First Amendment may be executed in one or more counterparts, each of which shall be deemed to be an original, and all such counterparts taken together shall constitute one and the same instrument. E 492674.12 MLAYBR 1014/018:04 AM 12 IN WITNESS WHEREOF, the Town and Owner have executed this First Amendment as of the day and year first above set forth. OWNER: TRAER CREEK LLC, a Colorado limited liability company By: Name: Magnus Lindholm Title: Manager EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company By: LAVA CORPORATION, a Colorado corporation, its Manager • By: Name: Magnus Lindholm Title: President THE DISTRICT: TRAER CREEK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By: Name: William J. Post Title: President E ATTEST: By: Name: Title: Secretary 492674.12 MLAYM 10/4/01 8:04 AM 13 THE TOWN: TOWN OF AVON, a municipal corporation of the State of Colorado Name: Title: Mayor Approved as to legal form by: Name: Title: Town Attorney 11 C 492674.12 MLAYER 10/4/01 9:04 AM 14 STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001, by Magnus Lindholm as Manager of Traer Creek LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001, by Magnus Lindholm, as President of LAVA Corporation, a Colorado corporation, as Manager of EMD Limited Liability Company, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public r L 492674.12 MLAYER 16/4101 8:64 AM 15 STATE OF COLORADO COUNTY OF ) ss: The foregoing instrument was acknowledged before me this day of , 2001, by William J. Post as President of Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001, by as Mayor of the Town of Avon, a municipal corporation of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public E t 11 L' 492674.12 MLAYER 10/4/01 6:04 AM 16 i STATE OF COLORADO ) COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN OF A PUBLIC HEARING BEFORE THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO AT 5:30 P.M. ON THE 9th DAY OF OCTOBER 2001, AT THE TOWN OF AVON MUNICIPAL BUILDING FOR THE PURPOSE OF CONSIDERING THE ADOPTION OF ORDINANCE NO. 01-11, SERIES OF 2001: An Ordinance Amending Chapter 8.32 of the Avon Municipal Code Relating to Penalties for Odor Pollution A copy of said Ordinance is attached hereto, and is also on file at the office of the Town Clerk, and may be inspected during regular business hours. Following this hearing, the Council may consider final passage of this Ordinance. This notice is given and posted by order of the Town Council of the Town of Avon, Colorado 0 Dated this 26th day of September 2001. TOWN QV AVON, COLORADO BY: K1)Nash Town Clerk POSTED AT THE FOLLOWING PUBLIC PLACES WITHIN THE TOWN OF AVON ON SEPTEMBER 26th, 2001: AVON MUNICIPAL BUILDING IN THE MAIN LOBBY ALPINE BANK AVON RECREATION CENTER CITY MARKET IN THE MAIN LOBBY r? U ORDINANCE NO. 01 - II AN ORDINANCE AMENDING CHAPTER 8.32 OF THE AVON MUNICIPAL CODE RELATING TO PENALTIES FOR ODOR POLLUTION BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. A new Section 8.32.010(D) is hereby added to the Municipal Code of the Town of Avon as follows: 8.32.010(D). Notwithstanding the foregoing penalty provisions of sections 8.32.010(A) - (C) herein, and in accordance with section 25-7-128(8), C.R.S., any person who is guilty of an odor violation as set forth in section 8-31-030 of the Avon Municipal Code shall be subject to a penalty of not more than three hundred dollars. Each day during which such a violation occurs shall be deemed a separate offense. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this 25 day of September , 2001, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the 9 day of October , 2001, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON J(Ay Yod ,1 ayor A Kris Nash, down Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 2001. 11 TOWN OF AVON L' Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney C7 C 2 il4emo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager Ruth Borne, Director of Community Development Dade October 4, 2001 Re: First Reading of Ordinance 01-12, An Ordinance Approving the Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision Summary Tanavon Corporation has submitted a PUD application for Barrancas, a 45-unit affordable and employee housing project located on Lots 38, 40, and 41, Block 1 Benchmark at Beaver Creek Subdivision. The PUD is for 18 units in 6 buildings on Lot 40 and 27 units in 9 buildings on Lot 41. Lot 38 would remain undeveloped and be dedicated as open space. Ordinance 01-12 includes a provision that requires a left hand turn lane at major access points to the project. The Barrancas PUD is located along Metcalf Road north of Avon Auto Body and south of the intersection of Metcalf Road and Wildwood Road. The entire development will occur on the west side of the Metcalf Drainage Ditch with the exception of some of the parking on the east side of the Metcalf Ditch for Lot 41. On September 18, 2001 the Planning and Zoning Commission approved Resolution 01-15, recommending approval to the Town Council for the Barrancas PUD. Background Ordinance 81-33, creates a PUD for Lots 38, 40, and 41 through a transfer of development rights from the Wildridge Subdivision. Original concept for employee housing, named "The Cove", reviewed by the Planning and Zoning Commission on February 3,1998. Concept Review of The Cove on May 29, 1998 by the Planning and Zoning Commission. Recommendation Staff recommends that the Town Council approve Ordinance 01-12, for the Barrancas PUD on Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision. Memo to Town Council, September 25, 2001 Page 1 of 2 Ordinance 01-12, Barrancas PUD Alternatives 1. Approve 2. Approve with conditions 3. Table 4. Deny the application in whole or in part Proposed Motion "I move to approve on first reading Ordinance 01-12, the Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision." Town Manager Comments '//? ///O/L- Attachments: A - Ordinance 01-12 B - Exhibit A, Development Summary C - Exhibit B, Site Plan D - Planning and Zoning Commission Staff Report E - Planning and Zoning Resolution 01-15 Memo to Town Council, September 25, 2001 Page 2 of 2 Ordinance 01-12, Barrancas PUD C TOWN OF AVON 0 ORDINANCE NO. 01-12 SERIES OF 2001 AN ORDINANCE APPROVING THE BARRANCAS PLANNED UNIT DEVELOPMENT (PUD) FOR LOTS 389 409 AND 41, BLOCK 1, BENCHMARK AT BEAVER CREEK SUBDIVISION, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, the Tanavon Corporation has applied for the Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision, which consists of open space on Lot 38 and six (6) buildings with eighteen (18) units on Lot 40 and nine (9) buildings with twenty-seven (27) units on Lot 41 for a total of 45 units; and WHEREAS, the site specific development plan was approved in accordance with Section 17.20.110 of the Municipal Code for the Barrancas PUD, which is attached hereto and incorporated herein as Exhibit "A" WHEREAS, proper posting, publication and public notices for the hearings before the Planning & Zoning Commission of the Town of Avon were provided as required by law; and WHEREAS, the Planning & Zoning Commission of the Town of Avon held a public hearing on September 18, 2001, at which time the applicant and the public were given an opportunity to express their opinions and present certain information and reports regarding the Barrancas PUD; and WHEREAS, following such public hearing, the Planning & Zoning Commission forwarded its recommendations on the Barrancas PUD to the Town Council of the Town of Avon; and FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 BI BMBC.doc WHEREAS, after notices provided by law, this Council held a public hearing on the day of , 2001, at which time the public was given an opportunity to express their opinions regarding the proposed PUD; and WHEREAS, based upon the evidence, testimony, and exhibits, and a study of the Comprehensive Plan of the Town of Avon, Town Council of the Town of Avon finds as follows: 1. The hearings before the Planning & Zoning Commission and the Town Council were both extensive and complete and that all pertinent facts, matters and issues were submitted at those hearings. 2. That the Barrancas PUD for Lots 38, 40, and 41, Block 1, and Benchmark at Beaver Creek Subdivision is consistent with goals and objectives of the Town's Comprehensive Plan, is compatible with surrounding neighborhood and is consistent with the public interest. 3. That the development standards for the Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision (which are attached and incorporated herein as Exhibit "A") comply with each of the Town of Avon's PUD design criteria and that this proposed development is consistent with the public interest. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, THAT: The Barrancas PUD for Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision is hereby approved, with the following conditions: Concurrent with the Final Design application the following items must be provided: 1. Revised subsoil and geologic hazards reports. 2. Engineered retaining walls for all walls over 4'0" in height. 3. Revise grading at the furthest north building on Lot 41. 4. Permanent and temporary erosion control. 5. Label each unit. 6. Provide left turn lane for major access points. FACouncil (c)\Ordinances\200 I \Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc Prior to Issuance of a Building Permit, the following items must be provided: 1. Execution of Deed Restriction Agreement with the Town of Avon. 2. Approval from the Army Corps of Engineers. 3. Verification of water pressure and anticipated flow. 4. Resolution on fire access and sprinkler requirement. Prior to Issuance of a Temporary Certificate of Occupancy 1. Convey title to Lot 38 as designated open space to the Town of Avon. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of October 2001, and a public hearing shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of October 2001, at 5:30 P.M. in the Municipal Building of the Town of Avon, Colorado. Town of Avon, Colorado Town Council • ATTEST: Kris Nash, Town Clerk Judy Yoder, Mayor INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED. Town of Avon, Colorado Town Council Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk FACouncil (c)\Ordinances\2001\Ord 01-12 Barrancas PUD L38,40,41 B1 BMBC.doc Exhibit A, Ordinance Number 01-12 0 Development Standards for Barrancas PUD Setbacks: Front: 50 feet from Metcalf Road (Lots 40 and 41) Rear: 50 feet (Lots 40 and 41) Side: 20 feet (Lots 40 and 41) Height: The maximum building height will be 48 feet. Density: 18 units in 6 buildings (Lot 40) 27 units in 9 buildings (Lot 41) Lot 38 will be dedicated as open space Site Coverage: 14% (Lot 40) / 18% (Lot 41) Landscaping: 87% (Lot 40) / 84% (Lot 41) / Both including undisturbed open space. Parking: 41 spaces (Lot 40) / 62 spaces (Lot 41). Snow shedding and storage: The application proposes that all snow storage shall be accommodated in the Metcalf Drainage Ditch. Barrancas PUD Summary The Barrancas PUD will consist of 18 units in 6 buildings on Lot 40, and 27 units in 9 buildings on Lot 41 for a total of 45 units. Each building proposed will contain three two-bedroom dwelling units with the ground floor level containing a three-car garage. Lot 38 will not be developed and is proposed as open space. 11 F:\Council (c)\Ordinances\2001\Ord 01-12 Barrancas PUD Exhibit A.doc METCALF ROAD 160, R.O. kt.1 `ow wk ftw "r"W IAR(WO rww"I"Wr ru L-%416' A--08'31 77 n / Mmo01¢W1Mf SWIHIVAHr "w"IOw wK A,Bm: @ A51"", so 5 11? r jig 77 i 116 NOTE/ I= ?, At SNOW STORAQ SHALL BE ON TK (RCENSDEOFTIERETAWWALLS. WIT \ '?\ \\ LOT 40 a §I YdOSOFT 'g 1*1ACRES ?I - ?. ..-. -- -'-' "` M'OQANAHIUTAIiYFASFMDti N 03'32'04' W 554.00' BENCHMARK BEAVER CREEK wromurtuR OW OF , /'o"K UM N 10'06 Sr E 319.81) ?wl?rr L 690 BASIS OF ELEVATION s wt r.wr-r molmimm NOTE, IMO,w=%ZBT SAM] AAYSEVER tWATER LKLOCATTMSAREAPPROIMtATE w"wne W WtATDN S BASED ON AS• 011 KAM SOPKED BY "m"mr AfVERVATER tSAKTATgNDISTRICT. W AOrwr4 IARCWO twdmt""4 R-."31.17 Z Nbndy"w R_2030.01 L=1M.12 O -ttu?r ? " _ L 3S 26' nmvrrmwrrwr"r,ar law waswalA At•Pr 1./•1 1l3EtkdwOr " y W W. 4"A ??\ JI Ve(B6Yd1 1NA%M16 LA- i MAIM3 fix \\ \ \\;" aaowMAWlENWAN(t1sWWSl0RA6tEASDW SITE DEVELOPMENT PLAN !// - - M'BAgAALUtUtI' FASO Mt N03°31'04"W 451.81' TE COT N SMt BE DESMATEDAS OPEN SPACE. DEVELOPMENT GUIDE 14SOEVELOPKENTS111 NOFDTOPRMAFFORDABLEIEtPLOYEE N"A J/ WIM, W H PRESERVW AID 001M OPEN SPACE ON LOT N. BSES - IDAPARTNENTS,12KOM MMMS p-/ r P110 KOMMMY-18M SOOARE FOOTAGE OF RESDEMTIAL- IWASsF BuLDW WJ@ff ALLOWED -4L1', PROPOSED - 43S 6ARAGE PARM SPACES AVAIL ARE - B, PROPOSED -10 SITTA(E PAwK SPACES AVAtABLE-23, PROPOSED- 23 N OFF•STAEEFPAR MO SPACES AVALABLE-41,PROPOSED -41 NOTE. REFER TO TOWN OF AVON ZONONO (ODE FOR ALL ITEMS NOT S(AE rarx SPECTRALLY AODRESSEO HERE r Somim NW6S mm" V Q . ol-r m SK 0E1flww PLm HATE R AY MI DRAWN FAIO Of0®11 RAN MKT 11AM46 59BARMSOMS: ~A-21 AIL ZSD1,1 `NA lwk.wk.d 4" Ew AORAA[SILOT Fa -.11uu IOW TOWAKSIM s,IGAwt swt recr NOTE: SANITARY SEVER 6 WATER L1E LOGllaS NE APPROXIMATE. INFORMATION IS BASED ON AS-BAIT RAPS SUPPLED BY EAGLE RIVER WATER L SANITATION DISTRQ (ARIL IF10I 8:269.13' 777 L-10736 sna kxeflimAl ` ,.- w1w. 1 = WnirrkAWxcw 7188 ?. RUOM Of f d1I-An• / Rm IrrAa011f1A PU%n TEEI Of WW wlmkSA%IOGTdR ?1 tlll SMAhOMM OU OF ASWA. N 12°38'42" W 402.57' 77 9Aa Y npol 776 t, i >E7" _rc i \ f LLj ABe*, Etmtrlrtia A z DrrBmrM -!s O LTC a J %IEMmdwor L1J Wt 4"A VAatolim ? 410.41AN31 1----?„_ 910.476.11M do 760 DIE: 19 ^tI 21107SN f ALL SNOW STORAGE SMALL BL ON I HE 0 "SIDE OFIffREEANNGWALLS Ig ? atotct STEEP SLOPE AREA Q 780 V 790 4 Z Q ?? LOT 41 800 m - ;X/ M"SOFT I 8I 4151 AM _ M dm SIR \ `? ? „ FLAN 9 ?''?????• --- ?? O.Oppp1,({IUiAITYFA5E1£NI DAIE.MAEY1601 ?i N 03°32'04" W 123.69' i X1830 TRACT A `'•, ,? j BENCHMARK @ 9?\ 840 BEAVER (REEK 785 I?r SITE DEVELOPMENT PLAN N sm r-31-f BASIS OF ELEVATION mmw9vw0 WlneAWR NY 101"m a0UI:1fDN' R T1?k I°'°s'arr MHttr1AUT tlY11NXfK 4n11T WYNN pill= XMM M%aAMOI do%'2G2T YAi9 swionAkap BG IF ASMII l it DEVELOPMENT GUIDE 135OEVELOPEEIIT6INTENDED TO PROVIDE AFFORDAM AMP OYEE HOUSING. WHILE PRESERVING AND CREATING OPEN SPACE ON 10710 USES -HAPARTIENES,12KMO O Ms MAIINUM DENSITY- n UNITS SOOARE FOOTAGE BF RESOENDAI.- 296650 BUIDNG HWff ALLOWED - 41.0', PROPOSED - 0.E bluer P SS41 GARAGE PARI(K SPACES AVAILABLE - - 27 SURFACE PAWING SPACES AVAtABLES,R PAOPOSED -!!!2 Off-STREET PAAIM SPACES AVAIL ABLE :ii, PROPOSED --62 NOTE: REFER TO TOWN OF AVON ZONING LODE FOR ALL ITEMS NOT SPECIFICALLY ADDRESSED NETIE oAA1NBY AMR OIMOYAAN PADAil1 BA%A6 ISM A REV6gMS: ~At .20 Al It ^44- I'^f4 ZSD1.2 .7 MEMORANDUM TO: Hon. Mayor and Town Council FROM: Burt Levin, Ruth Borne RE: Day Care Ordinance DATE: September 28, 2001 Attached please find a first reader version of an ordinance which adds a new requirement for approval of a licensed child day care center as a home occupation in duplexes and multi-family units which share a common driveway. In cases of a duplex with both units sharing a common driveway, day care will not be approved unless the neighboring owner consents to the application. In cases of multi- family dwelling units where a common driveway is shared (including condominiums), consent of the property owners association or condominium association, as the case may be, is required. A provision is included that once consent is given to an application and the application is granted, the neighbor or owners association does not have a continuing veto over the use as a day care center. If consent is withdrawn, the Town will evaluate the use and in its discretion decide whether to continue to allow day care or not. ORDINANCE NO. 01 - 13 AN ORDINANCE AMENDING CHAPTER 17.48 OF THE AVON MUNICIPAL CODE RELATING TO HOME OCCUPATIONS/CHILD DAY CARE BE IT ENACTED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. Amendment. A new Section 17.48.060 is hereby added to the Municipal Code of the Town of Avon as follows: 17.48.060. Special rules governing special review use permit for home occupation/child day care in certain duplex and multi-family dwelling units. A. The provisions of this section 17.48.060 apply in cases in which a special review use permit is sought for a licensed child day care home as a home occupation within a duplex or multi-family dwelling unit where the occupants of such dwelling units share a common driveway. B. When a special review use permit is sought for a licensed child day care home as a home occupation within a duplex or multi-family dwelling unit where the occupants of such dwelling units share a common driveway, in addition to the submittal requirements set forth in section 17.48.030, the applicant shall also submit to the department of community development the following: 1. In the case of an applicant living in a duplex dwelling unit, the applicant shall submit the written consent of the owner of the neighboring unit within the duplex to a licensed child day care home. 2. In the case of an applicant living in a multi-family dwelling unit (including a condominium), the applicant shall submit the written consent of the property owners association or condominium association, as the case may be, to a licensed child day care home. C. Once a special review use permit has been granted for a licensed child day care home as a home occupation within a duplex or multi-family dwelling unit, notwithstanding section 17.48.020 there shall be no requirement that the special review use permit is valid only so long as the consent given as provided by subsection B hereof is maintained. In the event a consent given as provided by subsection B is withdrawn after a special review use permit has been granted, the Town will review the use and in its discretion decide whether to continue to permit the use in accordance with the criteria set forth in sectionl7.48.040. No special review use permit for a licensed child day care home as a home occupation issued pursuant to this section will be cancelled by the Town based solely upon the withdrawal of consent as provided in subsection B hereof; and, in cases where the consent provided for herein has been withdrawn, no special review use permit issued pursuant to this section shall be cancelled unless a hearing has been held on the issue of the cancellation of the use (unless the holder of the special review use permit waives entitlement to a hearing). INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED POSTED, this day of , 2001, and a public hearing on this Ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado on the - day of , 2001, at 5:30 p.m., in the Municipal Building of the Town of Avon, Colorado. TOWN OF AVON Judy Yoder, Mayor ATTEST: • Kris Nash, Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED POSTED, this day of , 2001. TOWN OF AVON Judy Yoder, Mayor ATTEST: Kris Nash, Town Clerk 0 2 APPROVED AS TO FORM: Burt Levin, Town Attorney E E L` • Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineeo/ Date: October 4, 2001 Re: McGrady Acres Annexation - First Reading Ordinance No. 01-14, Series of 2001 an Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McGrady Acres Petition for Annexation Summary: EMD Limited Liability Company and Traer Creek LLC have filed a Petition for the Annexation of a portion of McGrady Acres Subdivision. The Petition has been found to be in substantial compliance with Colorado State Statutes as evidenced by approval of Resolution No. 01-18 Series of 2001. Following a public hearing regarding the annexation on September 25, 2001, Resolution No. 01-27, Series of 2001 was approved. This Resolution found that the requirements for annexation were met and the annexation could proceed without election. First Reading approval of attached Ordinance No. 01-14, Series of 2001 will initiate the final steps in the annexation process. We recommend approval of Ordinance No. 01-14, Series of 2001, An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McGrady Acres Petition for Annexation. Recommendations: Approve Ordinance No. 01-14, Series of 2001, An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McGrady Acres Petition for Annexation. Proposed Motion: I move to approve Ordinance No. 01-14, Series of 2001, An Ordinance Concerning the Annexation to the Town of Avon, Colorado, of Certain Property as Described in the McGrady Acres Petition for Annexation. Town Manager Comments: 1AEngineering\Avon Village\Amexation\Amex Ord 01-14 Memo.Doc TOWN OF AVON ORDINANCE NO. 01-14 SERIES OF 2001 AN ORDINANCE CONCERNING THE ANNEXATION TO THE TOWN OF AVON, COLORADO, OF CERTAIN PROPERTY AS DESCRIBED IN THE MCGRADY ACRES PETITION FOR ANNEXATION. WHEREAS, on August 2, 2001, EMD LIMITED LIABILITY COMPANY and TRAER CREEK LLC filed with the Town Clerk for the Town of Avon ("Town") the petition for annexation ("Petition") requesting that the Town Council of the Town ("Town Council") commence proceedings to annex to the Town certain unincorporated tract or tracts of land located in Eagle County, Colorado, and described on Exhibit A attached hereto and incorporated herein by this reference (the "Annexation Property"); and WHEREAS, the Town Council, by Resolution Number 01-27, Series of 2001, attached hereto and incorporated herein by this reference as Exhibit B, has determined with regard to the Petition that, pursuant to Section 31-12-110, C.R.S.: (1) the applicable parts of Sections 31-12-104 and 31-12-105, C.R.S., have been met; (2) an election is not required under Sections 31-12-107(2) or 31-12-112, C.R.S.; and (3) no additional terms and conditions are to be imposed on the Petition; WHEREAS, the Town Council held public hearings at which it received evidence and testimony pertaining to the annexation of the Annexation Property, at the conclusion of which the Town Council considered such evidence and testimony so introduced, and by this Ordinance sets forth its findings of fact and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The submission, processing, consideration and approval of the Petition have fully met and complied with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article H, Section 30 of the Colorado constitution and Sections 31-12-101 through 31-12-123, C.R.S. 2. All public hearings concerning whether the Town should annex the Annexation Property have been held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town. 3. All notices required for the public hearings at which the Town Council considered the Petition were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. In order to encourage well-ordered development to the Town, it is desirable that the Annexation Property be annexed to the Town. 521179.3 CAMAL.C 10/4/01 5.48 PM 5. The annexation of the Annexation Property to the Town is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. The annexation to the Town of the Annexation Property be, and is hereby approved and said real property as described on the annexation map accompanying the Petition is hereby annexed to the Town. Section 2. As required by statute, the Town shall: (a) File one copy of the annexation map with the original of this Ordinance in the office of the Town Clerk for the Town; and (b) Subject to the terms of Section 18 of the Petition, file for recording three certified copies of this Ordinance and of the map of the area annexed containing a legal description of such area with the Clerk and Recorder of Eagle County, Colorado. Section 3. The Town Clerk is hereby authorized and directed to publish the full text of this Ordinance in a newspaper of general circulation within the Town (i.e., the Vail Valley Times or the Eagle Valley Enterprise, or both) on the next 10 available publication date. Section 4. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 3 above. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this day of , 2001 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of , 2001 at p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado 1?1 5211793 CAMALC 1014/015:48 PM 2 t 11 Attest: Kris Nash Town Clerk INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of , 2001. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado Attest: 0 Kris Nash Town Clerk APPROVED AS TO FORM: Burt Levin, Esq. Town Attorney 521179.3 CAMALC 10/41015:48 PM 3 EXHIBIT A TO ORDINANCE NUMBER 01-14, SERIES OF 2001 (Legal Description of Annexation Property) Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S. Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of said Clerk and Recorder, all being described as a whole as follows: Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way line of the Denver and Rio Grande Western Railroad, whence the northwest corner of said McGrady Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04 feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a radius of 1880.00 feet, a central angle of 16°42'10", and a chord that bears S73°51'55"E 546.11 feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of-way line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 feet along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of 00°25'44", and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line and continuing the following nine courses along the easterly, southerly and southeasterly right-of-way lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the right, having a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears S57°49' 17"W 183.75 feet; (2) N72°13'00"W 277.44 feet; (3) N82°13'00"W 1056.24 feet; (4) 167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of 36°09'00", and a chord that bears S79°42'30"W 164.44 feet; (5) S61°38'00"W 113.82 feet; (6) 159.29 feet along the are of a curve to the right, having a radius of 557.63 feet, a central angle of 16°22'00", and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8) 149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the southwesterly line of said McGrady Acres and the northeasterly line of said Sun River Condominiums; thence, along said common line, S47°59'03"E 0.24 feet; thence, departing said common line, S60°53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right-of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line, 264.30 feet along the arc of a ® curve to the left, having a radius of 1830.00 feet, a central angle of 08°16'30", and a chord that ® bears S70°43'32"E 264.07 feet; thence, departing said common line, S15°08'13"W 130.00 feet 521179,3 CAMALC 1014/01 5:58 PM A-1 to the southwesterly right-of-way line of said U.S. Highway 6 and 24; thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of 11 °41'47", and a chord that bears N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet; thence, departing said southwesterly right-of-way line, N26°50'00"E 123.00 feet to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of U.S. Highway 6 and 24; thence, along said common line, the following three courses: (1) S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 01°05'25", and a chord that bears S63°42'43"E 34.82 feet; thence, departing said common line, N60°53'00"E 102.46 feet, along the westerly line of the 60 foot wide public right- of-way as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the northeasterly line of said Sun River Condominiums and the southwesterly line of said McGrady Acres; thence, along said common line the following two courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W 102.73 feet to the most westerly corner of said McGrady Acres and the existing Town of Avon boundary; thence, departing said common line, N45°53'00"E 125.14 feet along the northwesterly line of McGrady Acres and the existing Town of Avon Boundary; thence, departing the existing Town of Avon boundary, S40°32'42"E 318.00 feet along the southwesterly line of Lot 6, said McGrady Acres to the southeasterly line of said Lot 6 and the northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common line, the following four courses: (1) N60°52'49"E 18.00 feet; (2) 170.31 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle of 17°07'12", and a chord that bears N69°26'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4) 19.13 feet along the arc of a curve to the left, having a radius of 487.63 feet, a central angle of 02°14'51", and a chord that bears N76°52'36"E 19.13 feet to the most easterly corner of said Lot 6; thence, departing said common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6, to the northwesterly line of said McGrady Acres and the existing Town of Avon boundary; thence, departing said northeasterly line, N45°53'00"E 240.92 feet along said northwesterly line of McGrady Acres and the existing Town of Avon boundary to the northwest corner of said McGrady Acres; thence, departing said northwesterly line of McGrady Acres and said existing Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning, containing 11.49 acres, more or less. 11 I 5211793 CAMALC 10/4/01 5:48 PM 2 EXHIBIT B 0 TO ORDINANCE NUMBER 01-14, SERIES OF 2001 (Copy of Resolution Number 01-27, Series of 2001) E 521179.3 CAMALC 10/4/01 5:48 PM B-1 RESOLUTION NO.01-27 SERIES OF 2001 A RESOLUTION SETTING FORTH FINDINGS OF FACT AND CONCLUSIONS REGARDING THE PUBLIC HEARING HELD ON THE ANNEXATION PETITION FILED BY EMD LIMITED LIABILITY COMPANY AND TRAER CREEK LLC CONCERNING A PORTION OF THE LAND KNOWN AS MCGRADY ACRES. WHEREAS on August 9, 2001, Petitioners EMD Limited Liability Company and Traer Creek LLC filed with the Town Clerk a Petition for Annexation (Exhibit A hereto) concerning a portion of the land known as McGrady Acres and as particularly described in such petition, which petition was referred to the Town Council; and WHEREAS by Resolution No. 01-18 the Town Council scheduled a public hearing on said petition in accordance with C.R.S. § 31-12-107, and WHEREAS following public notice the Town Council held a hearing on said petition on September 25, 2001; v NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town Council hereby finds that the petition complies with the provisions of C.R.S. § 31-12-107. Section 2. The Town Council hereby finds that the petition meets the requirements of C.R.S. §§ 31-12-104 and 31-12-105. Section 3. The Town Council hereby finds that an election on the petition is not required under C.R.S. § 31-12-107(2) Section 4. The Town Council hereby finds that no additional terms and conditions are to be imposed in connection with the petition. Section 5. The Town Council concludes that the area proposed in the petition to be annexed into the Town of Avon is eligible for annexation. ADOPTED this 25th day of September, 2001. TOWN OF AVON, COLORADO .? J Yoder v AMEST: ash, Town Clerk APPROVED AS TO FORM: Burt Levin, Town Attorney 11 PETITION FOR ANNEXATION TO THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: " ' ), in accordance with the Municipal Petitioners The undersigned (collectively, Annexation Act of 1965 as set forth in Article 12, Title 31, Colorado Revised Statutes, as .amended and as in effect on the submission date set forth below ("Annexation Acf?, hereby petition ("Petition') the Town Council of the Town of Avon, Colorado ("Council"), to annex to the Town of Avon ("ToM") the unincorporated territory located in the County of Eagle, State of Colorado, which property is more particularly described in Exhibit A attached hereto and incorporated herein by reference (` roe '). In support of this Petition, Petitioners allege that: 1. It is desirable and necessary that the Property be annexed to the Town. 2. The requirements of Sections -104 and -105 of the Annexation Act exist or have been met. 3. Not less than one-sixth (1/6) of the perimeter of the Property is contiguous with the Town's current municipal boundaries: 4. A community of interest exists between the Property and the Town. 5. The Property is urban or will be urbanized in the near future. 6. The Property is integrated with or is capable of being integrated with the Town. 7. The Petitioners comprise more than fifty percent (50%) of the landowners in the Property owning more than fifty percent (50%) of the Property, excluding public streets, and alleys and any land owned by the annexing municipality, and the Petitioners hereby consent to the establishment of the boundaries of the Property as shown on the annexation plat submitted herewith. 8. The Property is not presently a part of any incorporated city, city and county, or town; no proceedings have been commenced for incorporation or annexation of part or all of the Property to any other municipality; no election for annexation of the Property or substantially the same territory to the Town has been held within the twelve (12) months immediately preceding the filing of this Petition. 9. The proposed annexation will not result in detachment of area from any school district or attachment of same to another school district. 10. Except to the extent necessary to avoid dividing parcels within the Property held in identical ownership, at least fifty percent (5001c) of which are within the three (3) mile limit, the proposed annexation will not extend the municipal boundary of the Town more than three (3) miles in any direction from any point of the current municipal boundary. 11. The proposed annexation will not result in the denial of reasonable access to any landowner, owner of an easement, or owner of a franchise adjoining a platted. street or alley which has been annexed by the Town but is not bounded on both sides by the Town. 12. In establishing the boundaries of the Property, no land which is held in identical ownership, whether consisting of a single tract or parcel of real estate or two or more contiguous tracts or parcels of real estate: (a) is being divided into separate parts or parcels without the written consent of the landowner or landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way; or (b) comprising twenty (20) acres or more and together with buildings and improvements situate thereon having a valuation for assessment in excess of $200,000.00 for ad valorem tax purposes for the year next preceding the proposed annexation, is included in the Property without the written consent of the landowner or landowners. $ixou M.AYU 13. If a portion of a platted street or alley is to be annexed, the entire width thereof is included within the Property. 14. The legal description of the land owned by the Petitioners is set forth underneath the name of each such Petitioner on Exhibit B, attached hereto and incorporated herein by this reference. 15. The affidavit of the circulator of this Petition certifying that each signature on this Petition is the signature of the person whose name it purports to be and certifying the accuracy of the date of such signature is attached hereto as Exhibit and is incorporated herein by this reference. 16. This Petition is accompanied by four prints of an annexation map containing, among other things, the following information: (a) A written legal description of the boundaries of the Property; (b) A map showing the boundary of the Property; (c) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; and (d) Next to the boundary of the Property, a drawing of the contiguous boundary of the annexing municipality abutting the Property. 17. In connection with the processing of this Petition, the Petitioners request that the Town: (a) Institute zoning and subdivision approval processes for the Property in accordance with applicable provisions of the Municipal Code of the Town of Avon and in accordance with Section -115 of the Annexation Act; and (b) Approve and execute an annexation and development agreement ("Annexation and Development Agreemenf? which establishes vested property rights for the Property for an agreed upon term of greater than three years, pursuant to Chapter 17.14 of the Municipal Code of the Town of Avon and Article 68, Title 24, Colorado Revised Statutes, and which otherwise establishes the development plan for the Property. 18. Petitioners have filed this Petition subject to the following conditions: (a) Concurrently with its approval of annexation of the Property, the Town Council: (i) approves for those portions of the Property which are not public right-of-way zoning and subdivision which is substantially consistent with the applications for zoning and subdivision which Petitioners Traer Creek LLC and EMD Limited Liability Company submit in connection with this Petition; and (ii) approves and authorizes execution of the Annexation and Development Agreement. (b) Petitioner Traer Creek LLC shall have the right, with or without the consent or agreement of any other landowner within the Property, to withdraw this Petition by so notifying the Town Clerk in writing prior to the fortieth (40th) day after the latest effective date of the final ordinances or resolutions approving annexation of the Property, the Annexation and Development Agreement, or zoning or subdivision of the property; provided, however, that such withdrawal right may be exercised only if a third party commences a formal challenge to any of the approvals within such period. (c) Prior to expiration of the period described in the foregoing subparagraph (b) without Petitioner Tract Creek LLC having withdrawn the Petition, neither Petitioners nor the City shall cause or permit the occurrence of the conditions to effectiveness of the annexation as set forth in Section -113(2)(b) of the Annexation Act. 19. Upon the annexation of the Property becoming effective, and subject to the conditions set forth in this Petition and to be set forth in the Annexation and Development Agreement, the Property shall become subject to all ordinances, resolutions, rules and ! UNI W AYU regulations of the Town, except as otherwise set forth in the Annexation and Development Agreement, and except for general property taxes of the Town which shall become effective on January 1 of the next succeeding year following adoption of the annexation ordinance. 20. Except for the terms and conditions of this Petition and of the Annexation and Development Agreement, which terms and conditions Petitioners expressly approve and therefore do not constitute an imposition of additional terms and conditions within the meaning of Section -107(lxg) of the Annexation Act, Petitioners request that no additional terms and conditions be imposed upon annexation of the Property to the Town. THEREFORE, Petitioners request that the Town Council of the Town of Avon, Colorado, complete and approve the annexation of the Property pursuant to the provisions of the Municipal Annexation Act of 1965, as amended. Respectfully submitted this ,2_dd day of AW Cus-r . 2001• S,iipnatures of Landoun eraTe-111ionera: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company By:LAVA CORPORATION, a Colorado corporation, its Manager J62-e-- B _ N? Ma Lindholm Title: P ident Date of Signature: sh-10 / Mailing Add=: P.O. Box 640 Vail, CO 81658 Attn: William J. Post, Esq. Resident of the Property? NO TRAER CREEK LLC, a Colorado limited liability company By Nam : Magnus dholm Title: Manager Date of Signature: 9111 L Mailing Addrew: P.O. Box 640 Vail, CO 81658 Attn: William J. Post, Esq. Resident of the Property? NO i • 1 Simi W AYU EXHIBIT A TO PETITION FOR ANNEXATION Legal Description of the Property Those parts of the Denver and Rio Grande Western Railroad right-of-way and those parts of U.S. Highway 6 and 24 right-of-way, both lying in the S 1/2 Section 7, Township 5 South, Range 81 West of the Sixth Principal Meridian, Eagle County, Colorado; together with those parts of McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533 in the office of the Eagle County, Colorado, Clerk and Recorder; together with the 60 foot wide public right-of-way shown on (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS according to the map thereof recorded in Book 318 at Page 186 in the office of said Clerk and Recorder, all being described as a whole as follows: Beginning at a point on the existing Town of Avon boundary and the northerly right-of-way lire of the Denver and Rio Grande Western Railroad, whence the northwest corner of said McGrady Acres bears S25°38'00"W 100.00 feet; thence the following four courses along said common line: (1) S64°22'00'E 376.11 feet; (2) 28.04 feet along the arc of a curve to the left, having a radius of 1860.00 feet, a central angle of 00°51'50", and a chord that bears S64°47'55"E 28.04 feet; (3) S00°12'23"E 22.04 feet; (4) 548.06 feet along the arc of a curve to the left, having a radius of 1880.00 feet, a central angle of 16°42'10", and a chord that bears S73°51'55"E 546.11 feet; thence, departing said common line, S07°47'00"W 60.00 feet to a point on the southerly right-of-way line of said Denver and Rio Grande Western Railroad and the northerly right-of- way line of Nottingham Ranch Road as shown on said final plat of McGrady Acres; thence the following two courses along said common line: (1) S82°13'00"E 1136.53 feet; (2) 42.66 along the arc of a curve to the right, having a radius of 5699.70 feet, a central angle of 00°25'44", and a chord that bears S82°00'09"E 42.66 feet; thence, departing said common line and continuing the following nine courses along the easterly, southerly and southeasterly right- of-way lines of said Nottingham Ranch Road: (1) 209.28 feet along the arc of a curve to the right, having a radius of 120.00 feet, a central angle of 99°55'26", and a chord that bears S57°49'17"W 183.75 feet; (2) N72°13'00"W 277.44 feet; (3) N82°13'00"W 1056.24 feet; (4) 167.20 feet along the arc of a curve to the left, having a radius of 265.00 feet, a central angle of 36°09'00", and a chord that bears S79°42'30"W 164.44 feet; (5) S61°38'00"W 113.82 feet; (6) 159.29 feet along the arc of a curve to the right, having a radius of 557.63 feet, a central angle of 16°22'00", and a chord that bears S69°49'00"W 158.75 feet; (7) S78°00'01"W 93.40 feet; (8) 149.40 feet along the arc of a curve to the left, having a radius of 500.00 feet, a central angle of 17°07' 12", and a chord that bears S69°26'25"W 148.85 feet; (9) S60°52'49"W 101.94 feet to the southwesterly line of said McGrady Acres and the northeasterly line of said Sun River Condominiums; thence, along said common line, S47°59'03"E 0.24 feet; thence, departing said common line, S60°53'00"W 78.88 feet, along the easterly line of the 60 foot wide public right- of-way shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of said U.S. Highway 6 and 24; thence, along said common line, 264.30 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 08°16'30", and a chord that bears S70°43'32"E 264.07 feet; thence, departing said common line, S15°08'13"W 130.00 feet to the southwesterly right-of-way line of said U.S. Highway 6 and 24; thence the following two courses along said southwesterly right-of-way line: (1) 400.12 feet along the arc of a curve to the right, having a radius of 1960.00 feet, a central angle of 11°41'47", and a chord that bears N69°00'54"W 399.42 feet; (2) N63°10'00"W 100.72 feet; thence, departing said southwesterly right-of-way line, N26°50'00"E 123.00 feet to the southwesterly line of said Sun River Condominiums and the northeasterly right-of-way line of U.S. Highway 6 and 24; thence, along said common line, the following three courses: (1) S79°52'00"E 24.35 feet; (2) S63°10'00"E 77.40 feet; (3) 34.82 feet along the arc of a curve to the left, having a radius of 1830.00 feet, a central angle of 01°05'25", and a chord that bears S63°42'43"E 34.82 feet; thence, departing said common line, N60°53'00B 102.46 feet, along the westerly line of the 60 foot wide public right-of-way as shown on said (Corrected) Final Plat - Condominium Map SUN RIVER CONDOMINIUMS, to the northeasterly line of said Sun said River Condominiums and the southwesterly line of said McGrady Acres; thence, along common line the following two courses: (1) N47°59'03"W 198.62 feet; (2) N37°40'59"W 102.73 feet to the most westerly comer of said McGrady Acres and the existing Town of Avon boundary; thence, departing said common line, N45°53'00"E 125.14 feet along the e-1 northwesterly line of McCrady Acres and the existing Town of Avon Boundary; thence, departing the existing Town of Avon boundary, S40°32'42"E 318.00 feet along the southwesterly line of Lot 6, said McCrady Acres to the southeasterly line of said Lot 6 and the northwesterly right-of-way line of said Nottingham Ranch Road; thence, along said common line, the following four courses: (1) N60°52'49"E 18.00 feet; (2) 170.31 feet along the arc of a curve to the right, having a radius of 570.00 feet, a central angle of 17°07' 12", and a chord that bears N69°26'25"E 169.69 feet; (3)N78°00'01"E 93.40 feet; (4) 19.13 feet along the arc of a curve to the left, having a radius of 487.63 feet, a central angle of 02°1451", and a chord that bears N76°52'36"E 19.13 feet to the most easterly comer of said Lot 6; thence, departing said common line, N57°59'05"W 462.86 feet, along northeasterly line of said Lot 6, to the northwesterly line of said McCrady Acres and the existing Town of Avon boundary; thence, departing said northeasterly line, N45°53'00"E 240.92 feet along said northwesterly line of McCrady Acres and the existing Town of Avon boundary to the northwest corner of said McCrady Acres; thence, departing said northwesterly line of McCrady Acres and said existing Town of Avon boundary, N25°38'00"E 100.00 feet to the point of beginning, containing 11.49 acres, more or less. 513M.I h"M A-2 EXHIBIT B TO PETITION FOR ANNEXATION Legal Description of Property Owned by Each Petitioner Name of Landowner/Petitioner: EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company Lot 2, McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder. Name of LandownerTetitioner: TRAER CREEK LLC, a Colorado limited liability company Lots 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder. ti 0 EXHIBIT C TO PETITION FOR ANNEXATION Affidavit of Circulator The undersigned, being of lawful age, who being first duly sworn upon oath deposes and says: That he was the circulator of the foregoing Petition for Annexation of lands to the Town of Avon, consisting of I pages including this page, and that the signatures of the Peitioners thereon were witnessed by the circulator and are the true and original signatures of the persons whose names they purport to be, and that the dates of such signatures are correct. Circulator STATE OF Coup 3n29_ ) )33. COUNTY OF r,-Wu ) The foregoing AFFIDAVIT OF CIRCULATOR was subscribed and sworn to before me awe J. ?L'r this is-T day of Ni yrr , 2001, by Wm u Witness my hand and official seal. My commission expires: l2• - 2.M Sim" b"y" CERTIFICATE OF PUBLICATION 0 I, Kris Nash, Town Clerk for the Town of Avon, Colorado, hereby certify that a true and full copy of the Town of Avon Ordinance Number 01-14, Series of 2001 was published in the , a newspaper of general circulation in the Town of Avon, Colorado, on , 2001. A copy of the published text is attached hereto. Date: C7 11 Kris Nash Town Clerk 521199.3 CAMALC 10/4/01 5:48 PM • Memo To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager From: Norm Wood, Town Engineer-z6/ Date: October 4, 2001 Re: McGrady Acres - Annexation, Development and Subdivision Improvement Agreement - First Reading Ordinance No. 01-15, Series of 2001, an Ordinance Approving an Agreement Concerning the Terms of Annexation, Development and Subdivision of the Lands Described in the McGrady Acres Petition for Annexation; Authorizing and Instructing the Mayor of the Town of Avon to Sign the Agreement on behalf of the Town; and Approving a Site Specific Development Plan Establishing a Vested Property Right Pursuant ® to Article 68 of Title 24, C.R.S., as Amended. Summary: Ordinance 01-15, Series of 2001 would approve and authorize the Mayor to execute the attached "Annexation, Development and Subdivision Improvement Agreement for McGrady Acres Annexation by and between the Town of Avon and EMD Limited Liability Company, Traer Creek LLC and Traer Creek Metropolitan District. In general this Agreement provides that proposed Lots 2 and 3 will be zoned Neighborhood Commercial in conformance with the their Zoning Application, the Subdivision will be platted in conformance with the Subdivision Application and that these applications and this agreement will constitute an approved site-specific development plan. This site-specific development plan will establish a vested property right with a term of 20 years. The Agreement further provides for execution of appropriate documents to establish titles to Town and Developer owned properties to correspond with the revised Lot lines in the Resubdivision. The Agreement also establishes Security for Performance of Public Improvement Obligations as required by the Avon Municipal Code. This security will be provided through the Subdivision Improvements Agreement for The Village (at Avon), Filing 1 and the Town is authorized to withhold all building permits in the annexed area until this agreement is in place and fully funded. • IA\Engineering\Avon Village\Annexation\Annex Dev & SIA Ord 01-15 Memo.Doc We recommend first reading approval of Ordinance No. 01-15, Series of 2001, An Ordinance Approving an Agreement Concerning the Terms of Annexation, Development and Subdivision of the Lands Described in the McGrady Acres Petition for Annexation; Authorizing and Instructing the Mayor of the Town of Avon to Sign the Agreement on behalf of the Town; and Approving a Site Specific Development Plan Establishing a Vested Property Right Pursuant to Article 68 of Title 24, C.R.S., as Amended. Proposed Motion: I move to approve on first reading, Ordinance No. 01-15, Series of 2001, An Ordinance Approving an Agreement Concerning the Terms of Annexation, Development and Subdivision of the Lands Described in the McGrady Acres Petition for Annexation; Authorizing and Instructing the Mayor of the Town of Avon to Sign the Agreement on behalf of the Town; and Approving a Site Specific Development Plan Establishing a Vested Property Right Pursuant to Article 68 of Title 24, C.R.S., as Amended. Town Manager Comments: 11 11 BEngineering\Avon Village\Annexation\Annex Dev & SIA Ord 01-15 Memo.Dm 2 TOWN OF AVON ORDINANCE NO. 01-15 SERIES OF 2001 AN ORDINANCE APPROVING AN AGREEMENT CONCERNING THE TERMS OF ANNEXATION, DEVELOPMENT AND SUBDIVISION OF THE LANDS DESCRIBED IN THE MCGRADY ACRES PETITION FOR ANNEXATION; AUTHORIZING AND INSTRUCTING THE MAYOR OF THE TOWN OF AVON TO SIGN THE AGREEMENT ON BEHALF OF THE TOWN; AND APPROVING A SITE SPECIFIC DEVELOPMENT PLAN ESTABLISHING A VESTED PROPERTY RIGHT PURSUANT TO ARTICLE 68 OF TITLE 24, C.R.S., AS AMENDED. WHEREAS, EMD LIMITED LIABILITY COMPANY and TRAER CREEK LLC ("Owners") filed a petition for annexation ("Petition") with the Clerk of the Town of Avon ("Town") on August 2, 2001, requesting annexation to the Town of certain real property described in Exhibit A of the Petition (the "Property"); and WHEREAS, pursuant to the terms of the Petition, the execution of an annexation and development agreement which establishes statutory vested property rights for the Property is an express condition of annexation; and WHEREAS, the TRAER CREEK METROPOLITAN DISTRICT ("TCMD") will perform certain public improvement obligations required in connection with annexation, development and subdivision of the Property; and WHEREAS, the Town, Owner and TCMD have negotiated the terms and conditions of an agreement titled "Annexation, Development and Subdivision Improvement Agreement", which agreement (the "Agreement") addresses the terms and conditions upon which annexation, development and subdivision of the Property will occur, and the development rights and responsibilities of the Town, TCMD and the Owner with respect thereto; and WHEREAS, the Town gave proper and timely posted notice of the dates and times of the meetings at which the Town Council considered the Agreement; and WHEREAS, the proposed full text of this Ordinance was duly published by posting in the office of the Town Clerk and in three (3) additional public places within the Town, and said publication also set forth the date and time of the public hearing at which the Town Council of the Town (the "Town Council"), considered the Agreement; and WHEREAS, pursuant to Avon Municipal Code Section 17.14.100 and as more specifically described in the Agreement, the Town Council has agreed in connection with approval of the Agreement to designate the Agreement (including the "Development Plan" as 521177.3 CAMALC 1011101 3:34 PM defined in the Agreement) as a site specific development plan creating vested property rights to develop the Property as set forth therein; and 0 WHEREAS, it is the intent of the Town Council that approval of the Agreement, together with approval of the elements of the "Development Plan" (as defined in the Agreement), will constitute approval of a site specific development plan establishing a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended; and WHEREAS, approval of the Agreement is in the best interests of the public health, safety and general welfare of the people of the Town; and WHEREAS, the Town Council held public hearings at which it received evidence and testimony concerning the Agreement, at the conclusion of which the Town Council considered such evidence and testimony so introduced and by this Ordinance sets forth its findings of fact and conclusions. THE TOWN COUNCIL MAKES THE FOLLOWING FINDINGS OF FACT AND CONCLUSIONS: 1. The Agreement complies with all applicable laws and regulations of the State of Colorado and the Town, including, without limitation, Article 68 of Title 24, C.R.S. 2. All notices required for the public hearings at which the Town Council considered the Agreement were properly and timely published, posted or mailed in accordance with all applicable laws and regulations of the State of Colorado and the Town. 0 3. All public hearings at which the Town Council considered the Agreement were held and conducted in accordance with all applicable laws and regulations of the State of Colorado and the Town. 4. The Town has authority to enter into the Agreement pursuant to Sections 24-68-104(2) and 31-15-101, C.R.S., and pursuant to Section 17.14. 100 of the Avon Municipal Code. 5. The Town's approval of and entering into the Agreement is in the best interests of the public health, safety and general welfare of the people of the Town. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO THAT: Section 1. Approval of the Agreement, together with approval of the "Development Plan" (as defined in the Agreement), is hereby designated as the site specific development plan for the Property. Section 2. The Agreement is hereby approved and the Town shall enter into the Agreement and perform its obligations under the Agreement. v 521177.3 CAMALC 1011/01 3'.26 PM 2 Section 3. The Mayor of the Town of Avon, is hereby authorized to sign the Agreement on behalf of the Town. Section 4. Approval of the Agreement together with approval of "Development Plan" (as defined in the Agreement), hereby constitutes approval of a site specific development plan establishing a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended. Section 5. Within fourteen (14) days after passage on Second Reading of this Ordinance, the Town Clerk be and is hereby authorized and directed to: A. Publish the full text of this Ordinance in a newspaper of general circulation within the Town of Avon (either the Vail Valley Times or the Eagle Valley Enterprise, or both); and B. Concurrently with the publication required in Section 5.A. above, publish a notice that complies with the requirement of Section 24-68-103(1), C.R.S. to advise the general public that approval of the Agreement pursuant to this Ordinance, together with approval of the "Development Plan" (as defined in the Agreement), constitutes approval of a site specific development plan establishing a vested property right in accordance with the terms and conditions of the Agreement and pursuant to Article 68 of Title 24, C.R.S., as amended. Section 6. The effective date of this Ordinance shall be seven (7) days after publication of the notice described in Section 5.A. above. INTRODUCED, PASSED ON FIRST READING, APPROVED AND ORDERED PUBLISHED this _ day of , 2001 and a public hearing on this ordinance shall be held at the regular meeting of the Town Council of the Town of Avon, Colorado, on the day of , 2001 at p.m. in the Avon Municipal Complex, 400 Benchmark Road, Avon, Colorado. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado Attest: Kris Nash Town Clerk 521177.3 CAMALC IM/OI 326 PM 3 INTRODUCED, PASSED ON SECOND READING, APPROVED AND ORDERED PUBLISHED this day of , 2001. TOWN OF AVON By: Judy Yoder Mayor of the Town of Avon, Colorado Attest: Kris Nash Town Clerk APPROVED AS TO FORM: Burt Levin, Esq. Town Attorney 11 521177,3 CAMALC 10/1/01 326 PM 4 E CERTIFICATE OF PUBLICATION I, Kris Nash, Town Clerk of the Town of Avon, hereby certify that a true and full copy of Ordinance Number 0l and the site specific development plan notice were published in , a newspaper of general circulation in the Town of Avon, on 2001. A copy of the published text is attached hereto. Date: Kris Nash Town Clerk 11 11 521177.3 CAMALC 1011101 326 PM ANNEXATION, DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT FOR MCGRADY ACRES ANNEXATION BY AND BETWEEN THE TOWN OF AVON AND EMD LIMITED LIABILITY COMPANY TRAER CREEK LLC AND TRAER CREEK METROPOLITAN DISTRICT , 2001 Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended. 11 E 518060.6 MiAYER 10/4/015:30 PM ANNEXATION, DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT THIS ANNEXATION, DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT (this "Agreement") is made and entered into as of , 2001 by and between EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company ("EMD"), TRAER CREEK LLC, a Colorado limited liability company ("Traer"), TRAER CREEK METROPOLITAN DISTRICT ("TCMD"), and the TOWN OF AVON, a municipal corporation of the State of Colorado (the "Town"). RECITALS A. EMD and Traer are each limited liability companies, duly organized and in good standing under the laws of the State of Colorado. B. Owner (defined in Section 1.1(1) hereof) owns the Property (defined in Section 1.1(n) hereof) and desires to obtain annexation and zoning of the Property in order to develop the Property in a manner consistent with the uses and development criteria established by the Town's Neighborhood Commercial Zone District and to facilitate construction by TCMD of the Highway 6 Connector Road (defined in Section 1.1(h) hereof) and related public improvements as required by and defined in the Village Annexation Agreement (defined in Section 1.1(u) hereof). C. Traer is the successor to certain of the entities which constituted the "Owner" under the Village Annexation Agreement, and TCMD has assumed certain obligations under the Village Annexation Agreement to finance and construct certain public improvements. D. Owner has submitted to the Town the "Annexation Petition," the "Zoning Application" and the "Subdivision Application" (as such terms are defined in Sections 1.1(a), 1.1(x) and 1.1(p) hereof). The Annexation Petition requests annexation of the Property and of certain real property owned by the Town, and of certain existing public transportation rights-of-way necessary for construction of the Highway 6 Connector Road and related public improvements. E. If the Annexation Property is annexed to the Town, the Town will have the authority to zone the Property and approve the subdivision of the Property in accordance with this Agreement and applicable Town requirements and policies. Furthermore, the Town will have the authority to provide for the orderly development of the Project (defined in Section 1.1(m) hereof) and the vesting of certain property development rights concerning the Property. F. Development of the Project is integral to the performance of certain public improvement obligations as required by the Village Annexation Agreement, and will require large investments in infrastructure improvements and public facilities (which may include offsite 18 improvements), including, without limitation, roads, drainage facilities, water lines, sewer lines, and similar public improvements which will serve the needs of the Project, TCMD, and the 518060.6 N"YER 10/4/015:30 PM Town. Completion of these improvements and facilities will require substantial investments by Owner and/or TCMD. Such investments can be supported only if there are assurances that the development of the Project, once approved by the Town, will be allowed to proceed to ultimate completion as contemplated by the Village Annexation Agreement and as provided in this Agreement. G. The Project may contribute substantially to the economic growth of the Town and, consequently, may increase tax revenues to the Town. The Town desires to annex the Annexation Property in order to provide for orderly growth in and around the Town. In particular, the Town and Owner acknowledge that it is necessary and desirable that the Town acquire jurisdiction over the Project in order to assure that the Highway 6 Connector Road and related public improvements are constructed under the Town's regulatory authority in the manner contemplated by the Village Annexation Agreement and by this Agreement. H. The Vested Property Rights Statute (defined in Section 1.1(t) hereof) authorizes the Town to enter into development agreements with landowners providing for vesting of property development rights. Consistent with the Vested Property Rights Statute, Chapter 17.14 of the Municipal Code authorizes the Town to enter into development agreements with landowners providing for the vesting of property development rights. 1. Development of the Project in accordance with the terms and conditions of this Agreement will further the Town's objectives in entering into the Village Annexation Agreement, and will achieve the goals and purposes for which the Vested Property Rights Statute and Chapter 17.14 of the Municipal Code (defined in Section 1.10)) were enacted. In exchange for these benefits and the other benefits to the Town contemplated by this Agreement, together with the public benefits served by the orderly development of the Project, Owner desires to receive the assurance that it may proceed with development of the Project pursuant to the terms and conditions contained in this Agreement. AGREEMENT NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Agreement and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Owner and the Town agree as follows: ARTICLE 1 Definitions and General Provisions indicated: 1.1 Definitions. The following terms and references shall have the meanings (a) Annexation Petition: The petition for annexation which Owner filed with the Town on August 2, 2001. (b) Annexation Property: The real property which is legally described in Exhibit A of the Annexation Petition. n 518060.6 MLAM 10/4/01 5:30 PM 3 (c) Development Parcels: Lots 2 and 3, as depicted in and to be established by the Subdivision Application. (d) Development Plan: Collectively, the Subdivision Application, the Zoning Application, and this Agreement, together with the applicable portions of the Village SIA and the Village Final Plat. (e) Effective Date: The effective date of the Town Council ordinance approving this Agreement. (f) Exhibits: The following Exhibits to this Agreement, all of which are incorporated by reference into and made a part of this Agreement: Exhibit A - Legal Description of the Property (g) Final Approval: The 40th day following the effective date of the latest of the ordinances or resolutions by which Town Council approves (a) this Agreement, (b) the annexation of the Property to the Town, (c) the Zoning Application, or (d) the Subdivision Aptelication. Final Approval shall be deemed not to have occurred if on or before such 40 day either (i) any legal proceeding challenging any of such approvals is commenced, or (ii) any petition for a referendum seeking to reverse or nullify any of such approvals is duly filed; unless in the case of either (i) or (ii) above, Owner elects not to terminate this Agreement pursuant to Section 2.3, and such legal proceedings or referenda are concluded or resolved affirming such approvals within a period of time acceptable to Owner in its sole discretion. (h) Highway -6 Connector Road: As generally described in the Village Annexation Agreement, the road required by the Village Annexation Agreement to be constructed to provide a connection between the Interstate 70 Interchange and Highway 6. (i) Interstate 70 Interchange: As generally described in the Village Annexation Agreement, a full diamond interchange required by the Village Annexation Agreement to be constructed on Interstate 70. 0) Municipal Code: The Town's Municipal Code, as in effect from time to time. (k) Municipal Services: All municipal services to be provided to the Project, including, without limitation, police protection, snow removal and road maintenance, building code enforcement, bus transportation services and other administrative services equivalent to those provided to any other area of the Town. (1) Owner: Collectively, EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company, and TRAER CREEK LLC, a Colorado limited liability company, and their respective successors and assigns. E 518060.6 MLAYER 10/4/015:30 PM 4 (m) Project: Development of the Property and construction of the portion of the Highway 6 Connector Road and related public and private improvements located within the area of the Annexation Property, pursuant to the Development Plan. (n) Property: The real property located in unincorporated Eagle County, Colorado, and more particularly described on Exhibit A attached to this Agreement. (o) Public Improvement Obligations: Collectively, the public improvement obligations, including the provision of security to assure completion of such public improvements, required pursuant to Section 16.24.100 of the Municipal Code in connection with approval of the Subdivision Application to be constructed within the area of the Annexation Property, which public improvements and security therefore, together with the approved design, engineering and technical criteria and standards, shall be as set forth in the Village SIA, pursuant to the terms and conditions of this Agreement. (p) Subdivision Application: Collectively, (i) the preliminary plan which Town Council approved on September 25, 2001, pursuant to Resolution 01-26, Series of 2001; and (ii) the final plat application submitted to the Town on [], 2001, for review and final action contemporaneously with Town Council's final action on the Annexation Petition, as such preliminary plan and final plat may subsequently be amended. (q) Town: The Town of Avon, a municipal corporation of the State of Colorado. 0 (r) Town Council: The Town Council of the Town. (s) Vested Property Rights: As defined in Section 3.4 and established pursuant to the terms and conditions of this Agreement in accordance with the Vested Property Rights Statute and Chapter 17.14 of the Municipal Code. (t) Vested ProperlyyRi_ghts Statute: Sections 24-68-101, et seq. of the Colorado Revised Statutes, as amended. (u) Village Annexation Agreement: That certain Annexation and Development Agreement, dated as of October 13, 1998, and recorded in the Eagle County, Colorado, real property records on November 25, 1998, at Reception No. 677743, as amended of record. (v) Village Final Plat: The Village (at Avon) Filing 1 final plat (the application which is anticipated to be considered by Town Council after the effective date of this Agreement) as approved by Town Council and placed of record. (w) Village SIA: The subdivision improvements agreement to be executed by Traer, TCMD, and the Town in connection with the Village Final Plat, as approved by Town Council and placed of record (anticipated to occur after the effective 518060.6 MLAYER 10/4/01 5:30 PM date of this Agreement), together with all construction and engineering drawings and technical standards approved in connection therewith. (x) Zoning Application: The Neighborhood Commercial Zone District zoning application for the Development Parcels, submitted to the Town on August 2, 2001, and to be considered and acted upon by Town Council as Ordinance No. 01-08, Series of 2001. 1.2 Covenants. The provisions of this Agreement shall constitute covenants or servitudes which shall touch, attach to and run with the land comprising the Property, and the burdens and benefits of this Agreement shall bind and inure to the benefit of all estates and interests in the Property and all successors in interest to the parties to this Agreement, except as otherwise provided in Section 1.4. 1.3 Term. In recognition of the importance of the development contemplated under this Agreement in implementing and realizing the public benefits contemplated in the Village Annexation Agreement which are dependent on development of the Project, the substantial investment and time required to complete the development of the Project, and the possible impact of economic cycles and varying market conditions during the course of development, the term of the Vested Property Rights established under this Agreement shall commence on the Effective Date and shall continue until the twentieth (20th) anniversary of the Effective Date. After the expiration of the foregoing term, the Vested Property Rights established by this Agreement shall be deemed terminated and of no further force or effect; provided, however, that such termination shall not effect (a) the annexation of the Property to the Town; (b) any additional common law or other form of vested rights obtained prior to such termination, or (c) any right arising from Town permits, approvals or other entitlements for the Property or the Project which were granted or approved prior to, concurrently with, or subsequent to the approval of this Agreement, the Subdivision Application, or the Zoning Application. 1.4 Amendment of Agreement. Except as otherwise set forth in this Agreement, this Agreement may be amended or terminated only by mutual consent in writing of the Town and Owner following the public notice and public hearing procedures required for approval of this Agreement. For the purposes of any amendment to this Agreement, "Owner" shall mean only the signatories to this Agreement constituting Owner and those parties, if any, to whom such signatories have specifically granted, in writing, the power to enter into such amendment. 1.5 Cooperation in Defending Legal Challenges. If any legal or equitable action or other proceeding is commenced by a third party challenging the validity of any provision of this Agreement, the zoning of the Property, and/or the subdivision of the Property, Owner and the Town shall cooperate in defending such action or proceeding and to bear their own expenses in connection therewith. Unless the Town and Owner otherwise agree, each party shall select and pay its own legal counsel to represent it in connection with such action or proceeding. 11 518060.6 W AYM 1014101 5:30 PM 6 ARTICLE 2 Annexation of the Property 2.1 Annexation. Annexation of the Property shall be in accordance with the terms and conditions of this Agreement and the Colorado Municipal Annexation Act of 1965, as amended (C.R.S. §§ 31-12-101, et seq.). 2.2 Conditions Precedent. Annexation of the Property to the Town shall not be made effective pursuant to C.R.S. § 31-12-113(2)(b) until the following conditions have been satisfied: (a) Owner, TCMD and the Town have mutually executed and delivered this Agreement; and (b) Final Approval has occurred. 2.3 Failure of Conditions. Until all of the conditions set forth in Section 2.2 have been satisfied, Owner may withdraw the Annexation Petition. If Owner withdraws the Annexation Petition, or if Final Approval does not occur, then the Property shall be deemed not annexed to the Town, the Vested Property Rights described in this Agreement shall be deemed not established, and all obligations of the Town, TCMD and Owner under this Agreement which are to be performed after the annexation becomes effective shall be deemed void and of no force or effect. ARTICLE 3 ZoninE and Vested Rights 3.1 Zoning. The Development Parcels shall be zoned Neighborhood Commercial as provided in this Agreement and in the Zoning Application. Tracts A and B as depicted in the Subdivision Application shall be zoned to accommodate their use as a public is right-of-way. 3.2 Subdivision and Subdivision Improvements Agreement. The Annexation Property shall be platted as set forth in the Subdivision Application, subject to the following provisions: (a) Ownership of Lots. Upon completion of the subdivision process, the Town will be the sole owner of Lot 1, Traer will be the sole owner of the Development Parcels, and ownership of Tract A, Tract B, and other public rights-of-way situate within the Property shall be as otherwise provided in Section 4.1 of this Agreement. In connection with recordation of the final plat approved as part of the Subdivision Application, the Town, Traer, EMD and TCMD shall, in addition to any specific obligations otherwise established in this Agreement, execute, deliver and record such documents and instruments as may be required to assure that fee simple absolute title to Lot 1 is vested in the Town, and that fee simple absolute title to the Development Parcels is vested in Traer. The parties contemplate that TCMD will own Tracts A and B unless and until TCMD conveys either tract as contemplated in other provisions of this Agreement. (b) Security for performance of Public Improvement Obligations. Execution, delivery and recordation of this Agreement shall satisfy the requirement of Section 16.24.100 of the Municipal Code with respect to the provision of a subdivision 51 SW 6 MLAYER 1014101 5:30 PM 7 improvements agreement for the Annexation Property. The Public Improvement Obligations shall be as set forth in the Village SIA; provided, however, that the obligation to perform the Public Improvement Obligations shall not arise unless and until final, non-appealable approval, mutual execution and delivery, and recordation in the Eagle County, Colorado, real property records of the Village Final Plat and the Village SIA has occurred. Unless and until final, non-appealable approval, mutual execution and delivery, and recordation in the Eagle County, Colorado, real property records of the Village SIA has occurred, the following restrictions shall apply: (i) The Town shall have no obligation to issue any building permit for development of the Development Parcels. (ii) After completing the conveyances described in subparagraph (a) of this Section 3.2, and except as otherwise provided in this sub-subparagraph (ii), Traer shall be restricted from conveying the Development Parcels to any third party, which restriction on conveyance shall be specifically enforceable by the Town and is hereby made a covenant running with title to the Development Parcels. Notwithstanding the foregoing, upon providing prior written notice thereof to the Town, Traer may convey one or both lots constituting the Development Parcels to an affiliate of Traer for tax planning or similar purposes. For purposes hereof, "affiliate of Traer" shall mean any member of Traer and any entity in which Traer or any member of Traer holds at least a 50% interest. The notice of such conveyance shall be delivered to the Town at least fifteen (15) days prior to the conveyance, and shall describe the relationship of the ® affiliate to Traer in sufficient detail for the Town to confirm that the affiliate meets the definition set forth herein. The Town may object to such conveyance only on the basis that the proposed transferee is not an affiliate as defined herein. If the Town provides written notice within the fifteen (15) day period that it objects to the conveyance on that basis, Traer shall not effect the conveyance unless and until the Town withdraws its objection or it is otherwise established that the transferee meets the definition of affiliate set forth herein. Upon recordation of the Village SIA, the Town shall execute and deliver to Traer for recordation a memorandum sufficient to provide record notice that the restriction on conveyance described in the foregoing sub-subparagraph (ii) is released and of no further force or effect. 3.3 Vesting of Property Rights. This Agreement, the Zoning Application, and the Subdivision Application, collectively, constitute an approved "site-specific development plan" as defined in the Vested Property Rights Statute and Section 17.14.100 of the Municipal Code. The owners of the Property shall have Vested Property Rights to undertake and complete development and use of the Property and the Project as provided in the Development Plan. Pursuant to Section 17.14.050 of the Municipal Code: Approval of this plan constitutes a vested property right pursuant to Article 68 of Title 24, C.R.S., as amended. 518060.6 MLAYER 1014101 5:30 PM 8 3.4 Property Rights Vested. The rights identified below shall constitute the Vested Property Rights under this Agreement: (a) The right to develop, plan and engage in land uses within the Property and the Project in the manner and to the extent set forth in and pursuant to the Development Plan. (b) The right to develop, plan and engage in land uses within the Property and the Project in accordance with the densities, physical development standards and other physical parameters set forth in the Development Plan. (c) The right to develop the Project in the order, at the rate and at the time as market conditions dictate, subject to the terms and conditions of the Development Plan. (d) The right to develop and complete the development of the Project (including, without limitation, the right to receive all Town approvals necessary for the development of the Project) with conditions, standards and dedications which are no more onerous than those imposed by the Town upon other developers in the Town on a uniform, non-discriminatory and consistent basis, and subject only to the exactions and requirements set forth in the Development Plan; provided that such conditions, standards and dedications shall not directly or indirectly have the effect of materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of the Owner's rights set forth in the Development Plan. (e) The Town shall not initiate any zoning, land use or other legal or administrative action that would directly or indirectly have the effect of materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on development, delaying or otherwise adversely affecting any of the Owner's rights set forth in the Development Plan. 3.5 No Obligation to Develop. Except as the Village Annexation Agreement provides otherwise, Owner shall have no obligation to develop all or any portion of the Project and shall have no liability to the Town or any other party for its failure to develop all or any part of the Project. 3.6 Compliance with General Regulations. Except as otherwise provided in this Agreement, the establishment of Vested Property Rights under this Agreement shall not preclude the application on a uniform and non-discriminatory basis of Town regulations of general applicability (including, but not limited to, building, fire, plumbing, electrical and mechanical codes, the Municipal Code, and other Town rules and regulations) or the application of state or federal regulations, as all of such regulations exist on the date of this Agreement or may be enacted or amended after the date of this Agreement; provided, however, that such newly enacted or amended Town regulations shall not directly or indirectly have the effect of materially and adversely altering, impairing, preventing, diminishing, imposing a moratorium on n 5 18060.6 MLAYU 10/4/01 5:30 PM 9 development, delaying or otherwise adversely affecting any of Owner's Vested Property Rights. Owner does not waive its right to oppose the enactment or amendment of any such regulations. ARTICLE 4 Highway 6 Connector Road and Related Public Improvements 4.1 Access: Roads. Access, ingress and egress to, from and within the Project by public street shall be as generally depicted in the Subdivision Application and more particularly described in the Village Final Plat and the Village SIA. Nothing set forth herein shall prohibit or limit Owner's right to construct or maintain private roads and drives on any portion of Owner's property. TCMD shall construct the public roads within the Project in accordance with applicable Town standards as set forth in the Village Final Plat and the Village SIA. The establishment of rights-of-way for and construction of public streets within the Project shall be as set forth below. (a) Highway 6 Connector Road. The alignment of the Highway 6 Connector Road and the configuration of the intersections of the Highway 6 Connector Road with the other public rights-of-way within the Project shall be as set forth in the Village Final Plat and the Village SIA. As more particularly set forth in the Village Annexation Agreement, and pursuant to the terms and conditions thereof, TCMD shall own the Highway 6 Connector Road right-of-way and shall construct and own the improvements within the Highway 6 Connector Road right-of-way. In order to facilitate construction of the Highway 6 Connector Road, TCMD shall endeavor to assemble the requisite right-of-way by a combination of one or more of the following means: (i) acquisition from the County of Eagle of those portions of the Property consisting of existing dedicated public rights-of-way situate within the proposed Highway 6 Connector Road alignment, (ii) conveyance from Owner of Tract A as depicted in the Subdivision Application, and (iii) acquisition from the owner thereof, whether by condemnation or conveyance in lieu thereof, of any additional property situate within the proposed Highway 6 Connector Road right-of-way. During the period of TCMD's ownership of the Highway 6 Connector Road right-of-way and improvements, pursuant to the terms and conditions of the Village Annexation Agreement, the Town shall maintain the Highway 6 Connector Road and the Town shall calculate and TCMD shall reimburse the Town for such services in the same manner as provided in the Village Annexation Agreement for roads located within the Village (at Avon). (b) Nottingham Ranch Road. In order to facilitate construction of the Highway 6 Connector Road, TCMD shall endeavor to acquire from the County of Eagle the existing right-of-way for Nottingham Ranch Road as dedicated by previously approved subdivision plats. Upon acquiring the requisite rights-of-way as provide herein, TCMD shall realign Nottingham Ranch Road as generally depicted in the Subdivision Application and, with respect to the intersection with the Highway 6 Connector Road, as more particularly set forth the Village Final Plat and the Village SIA. Those portions of the existing Nottingham Ranch Road right-of-way which are within the proposed Highway 6 Connector Road right-of-way shall be subject to the provisions of subparagraph (a) above. Upon completion of the Highway 6 Connector Road and related re-alignment of Nottingham Ranch Road as provided for herein, TCMD shall convey to 518060.6 MLAYER 10/4/01 5:30 PM 10 the Town by quit claim deed, or otherwise dedicate to the Town, those portions of the existing Nottingham Ranch Road right-of-way which are not within the proposed Highway 6 Connector Road right-of-way, and which continue to be utilized as public right-of-way for the realigned Nottingham Ranch Road. From and after such conveyance or dedication, the Town shall own and maintain all improvements within the Nottingham Ranch Road right-of-way as realigned. Notwithstanding the foregoing, however, TCMD shall retain Tract B, and reserves the right to convey Tract B to an adjacent property owner if, in the sole and absolute determination of TCMD's board of directors, such conveyance will facilitate acquisition of the requisite public rights-of-way or is otherwise in the public interest. In connection with any such conveyance and upon receipt of a request from TCMD, the Town Council shall consider and promptly take final action on an ordinance disconnecting Tract B in accordance with Section 31-12-501 C.R.S., as amended. (c) Eagle Bend Drive. In order to facilitate construction of the Highway 6 Connector Road and related public improvements, TCMD shall endeavor to acquire from the County of Eagle the existing right-of-way for the portion of Eagle Bend Drive situate within the Property as dedicated by previously approved subdivision plats. Upon acquiring the requisite rights-of-way as provide herein and completing construction of the bridge to be constructed over the Eagle River as provided in the Village SIA, TCMD shall realign and otherwise re-configure Eagle Bend Drive as depicted in the Subdivision Application and, as applicable, in the Village Final Plat, and the Village SIA. Those portions of the existing Eagle Bend Drive right-of-way which are within the proposed Highway 6 Connector Road right-of-way shall be subject to the provisions of subparagraph (a) above. Upon completion of the Highway 6 Connector Road and related realignment and reconfiguration of Eagle Bend Drive, as generally provided herein, TCMD shall convey to the Town by quit claim deed or otherwise dedicate to the Town those portions of the existing Eagle Bend Drive right-of-way which are not within the proposed Highway 6 Connector Road and which continue to be utilized as public right-of-way for the realigned Eagle Bend Drive. From and after such conveyance or dedication, the Town shall thereafter own and maintain all improvements within the Eagle Bend Drive right-of-way as realigned and reconfigured. With respect to the portion of current Eagle Bend Drive right-of-way which is neither conveyed or dedicated to the Town, as required above, nor situate within the proposed Highway 6 Connector Road right-of-way, following completion of the realignment and reconfiguration of Eagle Bend Drive, (i) TCMD shall convey to Traer any such portion which is situate within the Development Parcels, and (ii) TCMD shall convey to the Town any such portion which is situate within Lot 1, as depicted in the Subdivision Application. 4.2 Municipal Services. Except as this Agreement expressly provides otherwise, the Town shall provide all Municipal Services to the Property on a uniform and non-discriminatory basis, upon the same terms and conditions as such services are provided to other areas within the Town. v 518060.6 MLAYER 10/4/01 5,30 PM I 1 ARTICLE 5 Default; Remedies; Termination 5.1 Default by Town. A "breach" or "default" by the Town under this Agreement shall be defined as: (a) any zoning, land use or other action or inaction, direct, indirect or pursuant to an initiated measure, taken without Owner's consent, that alters, impairs, prevents, diminishes, imposes a moratorium on development, delays or otherwise materially and adversely affects any development, use or other rights of Owner under the Development Agreement; or (b) the Town's failure to fulfill or perform any material obligation of the Town contained in this Agreement. 5.2 Default by Owner or by TCMD. A "breach" or "default" by Owner or by TCMD shall be defined as a failure to fulfill or perform any material obligation of that party contained in this Agreement. 5.3 Notices of Default. If any party defaults under this Agreement, the non-defaulting party or parties shall deliver written notice to the defaulting party or parties of such default, at the address specified in Section 6.8, and the defaulting party or parties shall have 30 days from and after receipt of such notice to cure such default. If such default is not of a type which can be cured within such 30-day period and the defaulting party or parties gives written notice to the non-defaulting party or parties within such 30-day period that it is actively and diligently pursuing such cure, the defaulting party or parties shall have a reasonable period of time given the nature of the default following the end of such 30-day period to cure such default, provided that such defaulting party is at all times within such additional time period actively and ® diligently pursuing such cure. 5.4 Remedies. (a) If any default under this Agreement is not cured as described above, the non-defaulting party or parties shall have the right to enforce the defaulting party's obligations hereunder by an action for any equitable remedy, including injunction and/or specific performance, and/or an action to recover damages. Each remedy provided for in this Agreement is cumulative and is in addition to every other remedy provided for in this Agreement or otherwise existing at law, in equity or by statute. (b) The Town acknowledges that since this Agreement constitutes a development agreement which confers Vested Property Rights for a period exceeding three years, if the Town breaches or defaults hereunder, in addition to any of the foregoing remedies, Owner shall be entitled to: (i) recover from the Town any damages that would have been specifically available to Owner as contemplated in Colorado Revised Statutes Section 24-68-105(1)(c) as in effect on the Effective Date, plus any other and additional damages provable at law; and (ii) cause the Property, or any portion thereof designated by Owner, to be disconnected from the Town. E 518060.6 MLAYER 1074!01 5:30 PM 12 ARTICLE 6 Miscellaneous 6.1 Applicable Law. This Agreement shall be construed and enforced in accordance with the laws of the State of Colorado. 6.2 No Joint Venture or Partnership. No form of joint venture or partnership exists between the Town, TCMD and/or Owner, and nothing contained in this Agreement shall be construed as making the Town, TCMD and/or Owner joint venturers or partners. 6.3 Expenses. Except as otherwise provided in this Agreement, Owner and the Town shall each bear their respective costs and expenses associated with entering into, implementing and enforcing the terms of this Agreement. 6.4 Waiver. No waiver of one or more of the terms of this Agreement shall constitute a waiver of other terms. No waiver of any provision of this Agreement in any instance shall constitute a waiver of such provision in other instances. 6.5 Town Findings. Town hereby finds and determines that execution of this Agreement is in the best interests of the public health, safety, and general welfare and the provisions of this Agreement are consistent with the Town's comprehensive plan, development regulations and policies. 6.6 Severabilily. If any term, provision, covenant or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect so long as enforcement of the remaining provisions would not be inequitable to the party against whom they are being enforced under the facts and circumstances then pertaining. 6.7 Further Assurances. Each party shall execute and deliver to the other all such other further instruments and documents as may be reasonably necessary to carry out this Agreement in order to provide and secure to the other party the full and complete enjoyment of its rights and privileges under this Agreement. 6.8 Notices. Any notice or communication required under this Agreement between the Town and Owner must be in writing, and may be given either personally or by registered or certified mail, return receipt requested. If given by registered or certified mail, the same shall be deemed to have been given and received on the first to occur of (i) actual receipt by any of the addressees designated below as the party to whom notices are to be sent, or (ii) five days after a registered or certified letter containing such notice, properly addressed, with postage prepaid, is deposited in the United States mail. If personally delivered, a notice shall be deemed to have been given when delivered to the party to whom it is addressed. Any party hereto may at any time, by giving written notice to the other party hereto as provided in this Section, designate additional persons to whom notices or communications shall be given, and designate any other address in substitution of the address to which such notice or communication shall be given. Such notices or communications shall be given to the parties at their addresses set forth below: 518060.6 MLAYER 10/4/01 5:30 PM 13 If to Town: Town of Avon P.O. Box 975 400 Benchmark Road Avon, Colorado 81620 Attention: Town Manager With a required copy to: Town of Avon P.O. Box 975 400 Benchmark Road Avon, Colorado 81620 Attention: Town Attorney If to Owner, by mail delivery: Traer Creek LLC P.O. Box 640 Vail, Colorado 81658 Attention: William J. Post, Esq. EMD Limited Liability Company P.O. Box 640 Vail, Colorado 81658 Attention: William J. Post, Esq. Or, for delivery other than by mail, Traer Creek LLC 0322 East Beaver Creek Blvd. Avon, Colorado 81620 Attention: William J. Post, Esq. EMD Limited Liability Company 0322 East Beaver Creek Blvd. Avon, Colorado 81620 Attention: William J. Post, Esq. With a required copy to: Otten, Johnson, Robinson, Neff & Ragonetti, P.C. 950 17'' Street, Suite 1600 Denver, Colorado 80202 Attention: Munsey L. Ayers, Esq. 518060.6 MLAYER 1014101 5:30 PM 14 If to TCMD by mail delivery Traer Creek Metropolitan District P.O. Box 640 Vail, Colorado 81658 Attention: President Or, for delivery other than by mail Traer Creek Metropolitan District 0322 East Beaver Creek Blvd. Avon, Colorado 81620 Attention: President With a required copy to: Traer Creek Metropolitan District c/o McGeady & Sisneros, P.C. 1675 Broadway Suite 2100 Denver, Colorado 80202 Attention: Darlene Sisneros, Esq. 6.9 Assignment. This Agreement shall be binding upon and, except as otherwise provided in this Agreement, shall inure to the benefit of the successors in interest or the legal representatives of the parties hereto. Owner shall have the right to assign or transfer all or any portion of its interests, rights or obligations under this Agreement to third parties acquiring an interest or estate in the Property, including, but not limited to, purchasers or long term ground lessees of individual lots, parcels, or of any improvements now or hereafter located within the Property, provided that to the extent Owner assigns any of its obligations under this Agreement, the assignee of such obligations shall expressly assume such obligations. The express assumption of any of Owner's obligations under this Agreement by its assignee or transferee shall thereby relieve Owner of any further obligations under this Agreement with respect to the matter so assumed. 6.10 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original and all of which taken together shall constitute one and the same agreement. 6.11 Recitals. The recitals hereof are hereby incorporated herein by this reference and made substantive provisions of this Agreement. C] 516060.6 MLAYER 10/4101 5:30 PM 15 IN WITNESS WHEREOF, Owner and the Town have executed this Agreement ® as of the date first written above. OWNER: TRAER CREEK LLC, a Colorado limited liability company By: Name: Magnus Lindholm Title: Manager EMD LIMITED LIABILITY COMPANY, a Colorado limited liability company By: LAVA CORPORATION, a Colorado corporation, Manager By: _ Name: Title: Magnus Lindholm President TCMD: TRAER CREEK METROPOLITAN DISTRICT, a quasi-municipal corporation and political subdivision of the State of Colorado By: Name: William J. Post Title: President ATTEST: By: Name: Title: Secretary 518060.6 MLAYER 10/4/01 5:30 PM 16 THE TOWN: TOWN OF AVON, a municipal corporation of the State of Colorado Name: Title: Mayor Approved as to legal form by: Name: Title: Town Attorney STATE OF COLORADO ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of , 2001, by Magnus Lindholm, as Manager of Traer Creek LLC, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public 518660.6 MLAYER 10/"15:30 PM 1 STATE OF COLORADO 0 COUNTY OF ss: The foregoing instrument was acknowledged before me this day of , 2001, by Magnus Lindholm, as President of LAVA Corporation, a Colorado corporation, as Manager of EMD Limited Liability Company, a Colorado limited liability company. Witness my hand and official seal. My commission expires: Notary Public STATE OF COLORADO ss: 0 COUNTY OF The foregoing instrument was acknowledged before me this day of , 2001, by William J. Post, as President of Traer Creek Metropolitan District, a quasi-municipal corporation and political subdivision of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public 518660.6 MLAYER 1014/61 5:30 PM 18 STATE OF COLORADO COUNTY OF ss: The foregoing instrument was acknowledged before me this day of , 2001, by , as Mayor of the Town of Avon, a municipal corporation of the State of Colorado. Witness my hand and official seal. My commission expires: Notary Public C E 11 518060.6 MLAM 10/4/015:30 PM 19 EXHIBIT A Legal Description of the Property Lots 2, 3, 4 and 5 McGrady Acres, according to the final plat thereof recorded in Book 558 at Page 533, in the office of the Eagle County, Colorado, Clerk and Recorder. E L` 518060.6 MLAYM 10l4J01 5:30 PM A-1 MINUTES OF THE REGULAR MEETING OF THE TOWN COUNCIL HELD SEPTEMBER 25, 2001 A regular meeting of the Town of Avon, Colorado was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado in the Council Chambers. The meeting was called to order by Mayor Judy Yoder at 5:32 PM. A roll call was taken with Councilors Michael Brown, Debbie Buckley, Peter Buckley, Mac McDevitt and Mayor Protein Buz Reynolds present. Councilor Rick Cuny was absent. Also present were Town Manager Bill Efting, Town Attorney Burt Levin, Assistant Town Manager Larry Brooks, Town Clerk Kris Nash, Human Resource Director Jacquie Halburnt, Town Engineer Norm Wood, Public Works Director Bob Reed, Transportation Director Harry Taylor, Director of Community Development Ruth Borne, Police Sergeant Bernie McGovern, Youth Activities Director Ron Moreno, as well as members of the press and public. Citizen Input: Victim's Benefit Run Ms. Linda Jones informed the Council of the Run for Strength, Courage and Hope. She stated that she put the benefit together to benefit the United Way September 1 Ith fund. The event will take place on Saturday, October 6th in Nottingham Park. Citizen Input: Real Estate Transfer Tax Appeal, 5183 Longsun Lane Councilor McDevitt stepped down from the bench due to conflict of interest Mr. Michael Hayes, owner of 5183 Longsun Lane, stated that he purchased his home around August 1St and was unaware of the transfer tax exemption. He stated that he found out about the exemption when he went to get a mortgage after closing. Mayor Yoder asked if Mr. Hayes used a local title company, which is generally relied upon to inform the purchaser of the transfer tax exemption. Mr. Hayes stated that he went through Stewart Title. Mayor Protem Reynolds stated that the title company has been given information numerous times telling them that they are responsible for telling their clients. Mr. Hayes stated that they did not do that. r] L, Mr. Hayes stated that he closed around the 1St of August and about the 1 lih he was informed about the exemption. He stated that when he came to the office to pick up the application and read it, he realized that he was after the specified date for filing but was told that he should at least apply and then appeal to the Town Council. He stated that he has made a commitment to be in Avon, and is not going anywhere. He also has a business in the Brookside building. He added that Avon is going to be his home. Councilor Debbie Buckley motioned to approve the appeal of the real estate transfer tax. Councilor Brown seconded the motion. The motion carried unanimously. Citizen Input: Public Hearing - McGrady Acres Annexation Mayor Yoder described the process for the meeting. She stated that the public hearing for the annexation will be first. This is only a public hearing as to whether or not it meets the legal criteria for annexation. Second will be first reading of an ordinance approving the zoning. That issue is not a public hearing. Then.there will be a public hearing on a resolution for the preliminary subdivision plan for the resubdivision of McGrady Acres. Town Attorney Levin stated that this is a public hearing on the McGrady Acres annexation petition. He stated that the procedure for annexation is a three step process governed by Colorado State Statutes. First, the applicant submitted a petition for annexation to the town. Second, is the hearing as to whether the annexation petition does comply with law and if the property is eligible for annexation. Third, is the ordinance to decide whether or not to annex the property. Mr. Levin stated that the only requirements to determine that the property is eligible for annexation is whether 1/6 of the land to be annexed is contiguous to the town boundaries. He stated that approximately 1/3 of the land is contiguous. Also, they have to show a community of interest between the land to be annexed into the town and the town land. They have satisfied that aspect. Mr. Levin stated that a resolution for the findings of facts will be voted on later in the meeting. He stated the resolution states that a hearing was held, and the land is eligible for annexation. If approved, an ordinance will go before Council at a later meeting annexing the land. Mr. Rick Pylman of PJ Land Planning, representing the applicant, stated that the criteria that must be met for eligibility to annex into the town are that there is not less than 1/6 of the perimeter of the area proposed to be annexed contiguous with the existing town boundaries. He stated that approximately 1/3 of the land is contiguous. Also, is there a community of interest that exists, is the property urban or can it be urbanized in the near future, and is the area capable of being integrated with the town. n Regular Council Meeting September 25, 2001 Ms. Kathleen Walsh asked how this portion of the annexation will effect the lot (Lot 6) that is not being annexed into the town. Mayor Yoder stated that it does not. Ms. Walsh asked if that leaves a portion of land that is not in Avon, but surrounded by the town. Mr. William Post, representing Traer Creek, LLC, stated that Lot 6 has a public road on one side and the opposite side of the road is still county so it is not deemed surrounded by town of Avon. There being no further comments, Mayor Yoder closed the public hearing. Citizen Input: Mr. Mike Bowen, owner of Lot 6 and Lot 1, stated that he is involved in this annexation because there is a new road that will run along Lot 6, and part of Lot 1 may be taken by a cul-de-sac. Mr. Bowen stated that once Lot 3 has been annexed, he will be contiguous to Avon and also the county. He stated that he would not be interested in annexing Lot 6 into Avon unless it has commercial zoning. Councilor McDevitt asked Mr. Bowen if he would be willing to have the same conditions put on Lot 6 as Traer Creek if he annexed into the town as neighborhood commercial. Mr. Bowen stated on most items he would, but would have to look more closely at the conditions. • Ordinances: First Reading of Ordinance No. 01-08, Series of 2001, An Ordinance Approving Zoning for Lots 1, 2, and 3 of a Resubdivision of Lots 1, 2, 3, 4, and 5 of McGrady Acres Subdivision, Town of Avon, Eagle County, Colorado Town Engineer Norm Wood stated this is the zoning ordinance for the proposed annexation of McGrady Acres. The zoning ordinance has been before the P&Z Commission where a public hearing was held. It was also reviewed in conjunction with a preliminary plan, when at the time, showed Eaglebend Drive going through and connecting with the new Post Boulevard. At the last Town Council meeting there was also a public hearing on this zoning ordinance where the Council received considerable input regarding the proposed zoning as well as comments regarding the proposed preliminary plan. The preliminary plan has since been revised to reflect a cul-de-sac at the end of Eaglebend Drive from the proposed area. The proposed zoning still calls for Government/Park/Employee Housing for Lot 1, which is the park. Lots 2 and 3 are proposed as Neighborhood Commercial. Lot 3 is adjacent to and between the park and Post Blvd., Lot 2 is on the east side of Post Blvd. away from the park. Mr. Wood stated that Council's action, based on the public hearing and information received, is to determine whether this is appropriate zoning for the area or if a different Regular Council Meeting September 25, 2001 type should be proposed. If it concurs with the neighborhood commercial zoning as proposed, the recommendation would be to approve the ordinance on first reading. If that is not the desire and Council feels another zoning would be appropriate, then the recommended action would be to deny the ordinance on first reading. Mr. William Post, representing Traer Creek, LLC, stated that the question still stands as to whether Lot 3 should be Neighborhood Commercial or whether it should go to some form of residential. Mr. Post stated that they have worked with the Eaglebend residents when they asked to move the rock crusher, to not use Stonebridge Drive for a secondary access, and also to install and pay for a cul-de-sac. He does not feel that it is good planning to make Lot 3 residential because they will be too close to a busy road. He stated that he does not want to build a cul-de-sac voluntarily if he is forced to put in residential, which the Council can force him to do. Mr. Post stated that he would also install a fence or wall between the two neighborhoods if zoned commercial. He stated that he would do both the cul-de-sac and the fence if the property is zoned Neighborhood Commercial. Councilor McDevitt was concerned about allowing the commercial zoning because of the uncertainty of Lot 6, but since the owner of Lot 6 stated that he would be willing to abide by the same stipulations as Traer Creek, he is no longer concerned. Mayor Protem Reynolds motioned approval of Ordinance No. 01-08, Series of 2001 on first reading. Councilor McDevitt seconded the motion. The Mayor asked for a roll call. The motion carried unanimously. Ordinances: Second Reading of Ordinance No. 01-09, Series of 2001, An Ordinance Approving an Amendment of the Mountain Star Planned Unit Development (PUD) for Lots 27 and 24, Mountain Star Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated that this is a public hearing. Comm. Dev. Director Borne stated that this is the second reading of the ordinance where Mr. Rogel is losing his development right on Lot 24 and is creating a larger lot on Lot 27. He has an existing home on Lot 27. Staff recommends approval. There being no comments, Mayor Yoder closed the public hearing. Councilor Debbie Buckley motioned approval of Ordinance No. 01-09, Series of 2001 on second reading. Councilor Brown seconded the motion. E Regular Council Meeting September 25, 2001 Mayor Protein Reynolds asked if this lot would be zoned single family or primary/secondary. Ms. Borne stated single family. Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances: First Reading of Ordinance No. 01-10, Series of 2001, An Ordinance Amending Chapter 8.31 of the Avon Municipal Code Relating to Odor Pollution Town Attorney Levin stated that the current ordinance that the Town has was nullified by the Municipal Court Judge's ruling. Councilor Debbie Buckley motioned approval of Ordinance No. 01-10, Series of 2001 on first reading. Councilor Brown seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Ordinances First Reading of Ordinance No. 01-11, Series of 2001, An Ordinance Amending Chapter 8.32 of the Avon Municipal Code Relating to Penalties for Odor Pollution Town Attorney Levin stated that this ordinance states the Town can collect no more than $300 upon conviction of the Town's violation of the odor ordinance, which is prescribed by State law. He stated that while the Town can have a more stringent odor ordinance, they cannot fine more than $300 per incident. Mayor Protein Reynolds motioned approval of Ordinance No. 01-11, Series of 2001 on first reading. Councilor Debbie Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously E Regular Council Meeting September 25, 2001 Ordinances: First Reading of Ordinance No. 01-12, Series of 2001, An Ordinance Approving the Barrancas Planned Unit Development (PUD) for Lots 38, 40, and 41, Block 1, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado Mayor Yoder stated that this item has been tabled. Resolutions: Resolution No. 01-26, Series of 2001, A Resolution Approving Preliminary Subdivision Plan for a Resubdivision of McGrady Acres, Lots 1, 2, 3, 4 and 5, Eagle County, Colorado Mayor Yoder stated that this is a public hearing. Town Engineer Wood stated that this is the second presentation before Council of the preliminary plan for the resubdivision of McGrady Acres Lots 1 through 5 in conjunction with the proposed annexation of this section of McGrady Acres. He stated that previously there was a request for consideration of zoning and based on public input the recommendation was that the plan be modified to include a cul-de-sac at the end of Eaglebend Drive and eliminate the direct connection between Eaglebend Drive and Post Blvd. That revision has been made to the preliminary plan. He stated that it is appropriate to continue the public hearing and take the input with regard to the revised plan layout. Mr. William Post, representing Traer Creek, LLC, stated that he would be available for questions but would not make a formal presentation. Mr. Carol Kreuger, resident of Eaglebend Drive, questioned parking on the cul-de-sac. They would like as much green space on the cul-de-sac as possible and would like to see no parking. Mr. Wood stated that there is no parking shown on the plan, but there is room to incorporate parking if so desired. Ms. Kathleen Walsh, resident of Eaglebend Drive, questioned how the lot lines were derived under the resubdivision. She questioned how much and why the Town decided to give a portion of Lot 1 to Traer Creek. Mr. Post stated that the actual park size will be larger than the existing park. Mr. Bobby Banks, resident of Eaglebend Drive, stated that where the cul-de-sac is located wouldn't serve the rest of that lot if in fact the zoning is residential. He stated that the land on either side of the cul-de-sac was supposed to be a buffer. The buffer doesn't even go to the end of the cul-de-sac on the plans. He wonders how much of a buffer it will really be. Mr. Banks stated that Traer Creek is going to have to build a road either way and we are saving them money asking them to build the cul-de-sac. The Regular Council Meeting September 25, 2001 amount of asphalt they have to pour to build a new road is not as must as to build a cul- de-sac. Also, half of the existing road would revert to the park, which is owned by the town, if they do abandon the road and build a new road. Then they would get half. Mr. Banks asked that the half that would be reverted to Lot 1 be included and bring the boundary of the new Lot 1 so it comes to the edge of the cul-de-sac to add to the buffer. Ms. Chris Ekrem, resident of Eaglebend Drive, asked Mr. Post the timetable for the cul- de-sac, the bridge and the connection to Highway 6. Mr. Post stated that they propose to have it all completed by spring of 2003. They intend to close the new cul-de-sac at the time the new bridge is open. He stated that they are not planning to bring any construction traffic down Eaglebend Drive, but he does want to leave it open for non- construction traffic while doing construction traffic on the existing bridge. They want to keep construction traffic separate from non-construction traffic. Once they open the new bridge to non-construction traffic they will then close Eaglebend Drive and install the cul-de-sac. Ms. Ekrem confirmed that at no time is Eaglebend Drive going to have construction traffic. Mr. Post stated that is correct. Mr. Craig Ferraro, Eaglebend Drive resident, felt that a cul-de-sac could be built and still have residential zoning instead of commercial zoning. He felt that what is being presented tonight will force them into a certain zoning requirement. Councilor Peter Buckley asked Mr. Post to bring back a drawing of the cul-de-sac at the next meeting. Mr. Post will bring a drawing of the cul-de-sac with parking and one Is without parking. Ms. Krueger asked if the buffer on Traer Creek's lots set a precedence for the owner of Lot 6 to indicate that they would also get the buffer on that side of the cul-de-sac. Council stated that it would not. There being no further comments, Mayor Yoder closed the public hearing. Mayor Protein Reynolds motioned approval of Resolution No. 01-26, Series of 2001. Councilor Debbie Buckley seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Resolutions: Resolution No. 01-27, Series of 2001, A Resolution Setting Forth Findings of Fact and Conclusions Regarding the Public Hearing Held on the Annexation Petition Filed by EMD Limited Liability Company and Traer Creek LLC Concerning a Portion of the Land Known as McGrady Acres E Regular Council Meeting September 25, 2001 Mr. Levin stated that this resolution states the Findings of Fact of the Town Council based on the testimony as to whether the annexation petition complies with law and whether the property is eligible for annexation. This resolution recites that the Council finds that the requirements of the Colorado Annexation Statute are being met, that the property is eligible for annexation, and none of the citizens petitioned for an election on the annexation petition. Councilor Peter Buckley motioned approval of Resolution No. 01-27, Series of 2001. Councilor Brown seconded the motion. Mayor Yoder asked for a roll call. The motion carried unanimously. Consent Agenda: a.) Approval of the September 11, 2001 Council Meeting Minutes b.) Financial Matters c.) Resolution No. 01-24, Series of 2001, A Resolution Approving the Third Amendment, Mountain Star, A Resubdivision of Lot 24 and 27, Mountain Star, Town of Avon, Eagle County, Colorado d.) Resolution No. 01-25, Series of 2001, A Resolution Certifying Delinquent Assessment Payments for Local Improvement District No. 1990-1 (Wildridge Special Improvement District) for Collection by Eagle County Treasurer e.) Contract with The Reynolds Corporation for Mountain Star Bridge Work Mayor Protem Reynolds stated that he will abstain from voting on item e of the Consent Agenda. Councilor Debbie Buckley motioned approval of the Consent Agenda. Councilor Brown seconded the motion. The motion carried unanimously. There being no further business to come before the Council, Councilor McDevitt motioned to adjourn the meeting. Councilor Brown seconded the motion. The motion carried unanimously and the meeting adjourned at 6:38 PM. PECTFULLY SUBMITTED: Nash, Town?lerk C Regular Council Meeting September 25, 2001 APPROVED: Michael Brown Debbie Buckley Peter Buckley Rick Curly Mac McDevitt Buz Reynolds Judy Yoder U C. Regular Council Meeting September 25, 2001 E Memo To: Honorable Mayor and Town Council Thru: Bill Ef6ng, Town Manager From: Norman Wood, Town Engineer 94/ Anne Martens, Assistant Town Engineer Date: October 2, 2001 Re: Resolution No. 01 - 28, Approving the Final Plat, Grandview at Wildridge, A Resubdivision of Lot 45, Block 2, Wildridge, Town of Avon, Eagle County, Colorado (2520 Old Trail Road) Summary: Robert Mach, owner of Lot 45, Block 2, Wildridge, has submitted a Final Plat to resubdivide Lot 45, Block 2, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 45 A and 45 B, an undeveloped lot 45C and common area. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 01 - 28, Series of 2001, A Resolution Approving the Final Plat, Grandview at Wildridge, a Resubdivision of Lot 45, Block 2, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: 11 I:\Engineedng\Subdivision\Wildddge\L45B2WR.doc TOWN OF AVON RESOLUTION NO.01- 28 Series of 2001 A RESOLUTION APPROVING THE FINAL PLAT, GRANDVIEW AT WILDRIDGE, A RESUBDIVISION OF LOT 45, BLOCK 2, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Robert Mach has submitted a Final Plat for a Resubdivision of Lot 45, Block 2, Wildridge, 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 complies with the requirements for consideration as a Final Plat. E NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Final Plat for A Resubdivision of Lot 45, Block 2, Wildridge, Town of Avon, Eagle County, Colorado, is hereby approved by the Town of Avon subject to: The completion of technical corrections as identified by Town Staff. ADOPTED THIS DAY OF , 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk 1:AEngineering\Subdivision\Wildridge\L45B2V R&esO128Am 0 Memo r To: Honorable Mayor and Town Council Thru: Bill Efting, Town Manager J From: Norman Wood, Town Engineer??/ Anne Martens, Assistant Town Engineer 40- Date: October 2, 2001 Re: Resolution No. 01 - 29, Approving the Final Plat, A Resubdivision of Lot 31, Block 1, Wildridge, Town of Avon, Eagle County, Colorado (2170 Long Spur) Summary: Robert and Jennifer Mach, owner's of Lot 31, Block 1, Wildridge, have submitted a Final Plat to resubdivide Lot 31, Block 1, Wildridge, Town of Avon, Eagle County, Colorado. This is a Duplex Subdivision of a developed lot, creating Duplex lots 31 A and 31 B. The Subdivision is in conformance with the Title 16 of the Avon Municipal Code, Subdivisions. Recommendations: Staff recommends approval of Resolution No. 01 - 29, Series of 2001, A Resolution Approving the Final Plat, a Resubdivision of Lot 31, Block 1, Wildridge, Town of Avon, Eagle County, Colorado, subject to completion of technical corrections to be approved by staff. Town Manager Comments: I:\Engineering\Subdivision\Wildridge\L31 B1 WR.doc TOWN OF AVON RESOLUTION NO.01- 29 Series of 2001 A RESOLUTION APPROVING THE FINAL PLAT, A RESUBDIVISION OF LOT 31, BLOCK 1, WILDRIDGE, TOWN OF AVON, EAGLE COUNTY, COLORADO. WHEREAS, Robert and Jennifer Mach have submitted a Final Plat for a Resubdivision of Lot 31, Block 1, Wildridge, 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 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 Plat for A Resubdivision of Lot 31, Block 1, Wildridge, 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 Town Staff. ADOPTED THIS DAY OF , 2001. TOWN COUNCIL TOWN OF AVON, COLORADO Judy Yoder, Mayor ATTEST: Kris Nash Town Clerk I:AEngineering\Subdivision\Wildridge\L3I B I WRresO 129.doc r AA