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TC Minutes 12-02-1986i MINUTES OF A SPECIAL AVON TOWN COUNCIL MEETING HELD DECEMBER 2, 1986, - 2:30 P.M. A Special Meeting of the Town Council of the Town of Avon, Colorado, was held in the Municipal Building, 400 Benchmark Road, Avon, Colorado, in the Council Chambers. Mayor Nottingham called the meeting to order at 2:40 p.m. A roll call was taken with Emilie Harrison, Steve Miller, Clint Watkins, Gloria McRory, and Jerry Davis present. Councilman Connell arrived at 3:50 p.m. Also present were Town Manager Bill James, Consultant Arnie Ray, Developer Ted Bendelow, and members of the press and public. The Mayor stated that the purpose of the meeting was to discuss the progress of the shopping center negotiations. Mr. James stated that today was the deadline for the developers to provide commitments, satisfactory to the Town, for financing sufficient to proceed with the project. He stated that the financial information he had to present to Council was confidential, and requested that Council adjourn into Executive Session. This was also a particular request of the developers. Councilman Watkins felt that information regarding the financial commitment should be received in a public session. The Mayor felt an Executive Session was appropriate. Mr. James stated that there was information appropriate for a public session, but there were confidential matters to be related to Council, first. Discussion followed. Mr. James and Mr. Ray proceeded with their recommendations to Council. Mr. Ray stated that the draft financial commitment which was made to Lester Colodny, who was not one of the principals of the existing development team, was unacceptable for a number of reasons. He stated he had four recommendations for the Council, as follows: (1) Council would not agreed to any assignment of the development agreement without specific consent of the existing parties, without verification of the qualifica- tions and experience of any new principals, and without definition of the principals and their roles; (2) Council would declare the agreement to be in default, as regards the financing issue, as of December 1st, and would terminate the exclusivity; (3) the Town would explore alternative options - specifically, talking to Wal-mart, to the property owners, and to alternative developers; (4) the Town would encourage the Bendelow team to continue to work on a specific development program to submit to the Town, and if an acceptable program was submitted prior to the selection of another developer, the Town would stop actively exploring alternatives and enter into a new development agreement with Bendelow. Mr. James stated that, since the Bendelow team has brought people into the deal without the Town's prior knowledge or approval, and has thereby clouded the issue of who the principals are, Mr. Bendelow was presented with six conditions, as follows: (1) present parties must agree to any assignments, in writing; (2) Wal-mart must endorse the new arrangement; (3) qualifications, experience, and references for all new parties must be provided, and the Town must have the right to check all references; (4) a clear definition of the principals and their roles must be provided; (5) approved financing, acceptable to the Town, must be provided, without any extraordinary conditions; (6) Mr. Colodny, or his agent, was asked to attend this meeting. Mr. Ray stated that an agent of Mr. Colodny's was present, and stated that some of the points had already been addressed by the Bendelow team. Ted Bendelow approached the Council. He introduced John Elletson, Project Manager with Indeco Holdings, Ltd., to the Council. Mr. Bendelow stated that a commitment for twelve million dollars was provided, yesterday. It contained provisions that had been questioned, that he was not prepared to address, that he felt could be worked out before the deadline for closing on the land. He saw no problems with providing clarification and definitions on the new parties. Mr. Elletson gave a brief overview of Indeco Holdings, a real estate development company with its corporate office in Glenwood Springs. Brief discussion followed. The Mayor asked for a motion to retire into Executive Session. Councilwoman McRory so moved; Councilman Miller seconded the motion. The motion carried by a 5 to 1 vote, with Councilman Watkins voting "nay". Council retired into Executive Session at 3:05. p.m. Following the Council's Executive Session, and a hearing of the Town's Liquor Licensing Authority, the Special Meeting of the Town Council was reconvened by Mayor Nottingham at 7:17 p.m. With the exception of Councilman Miller, and the addition of Town Attorney John Dunn, attendance was the same. Mr. Bendelow stated that an agreement had been reached that he -2- i • hoped would be mutually acceptable. It was presented to Council in the form of Resolution No. 86-28, Series of 1986, which set forth the conditions listed above and established three new deadlines. The resolution called for a developers' package to be presented to the Town by 12/3/86, to include the six items listed above; it called for Avon to respond to such package by 12/4/86; it called for a financing commitment, signed by the lender and the developer, to be provided to Avon by 12/9/86; and it restated the deadline for a cash closing as 12/15/86. Mr. James stated that any change to the dates agreed to should be construed as automatic default. Councilman Davis felt the resolution was a good compromise. It was agreed by all to add the following words to #3 on the second page of the resolution. After the word, "commitment", add, "in the same form as that presented to the Town on December 1, 1986". Councilman Watkins moved approval of Resolution No. 86-28, Series of 1986, with the addition to #3 as written above. The motion was seconded by Councilwoman Harrison, and carried unanimously. Mr. Bendelow thanked the Council for their consideration. There being no further business to come before the Council, Councilman Davis moved to adjourn. Councilwoman McRory seconded the motion, and it carried unanimously. Mayor Nottingham adjourned the meeting at 7:30 p.m. APPROVED: Respectfully Submitted: arbara R. Joseph Deputy Town Clerk -3-