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TC Res. No. 1981-157, TOWN OF AVON, COLORADO RESOLUTION NO.#81-15 Series 1981 A RESOLUTION SUPPLEMENTING ORDINANCE NO. 81-234 SERIES 1981; DETERMINING THE PRIN- CIPAL AMOUNT, BOND NUMBERS, PROVISIONS FOR REDEMPTION AND MATURITIES OF, AND RATES OF INTEREST ON $2,700,000 OF THE TOWN'S SPORTS FACILITY'REVENUE BONDS (BEAVER CREEK ASSOCI- ATES PROJECT; SERIES 1981); DETERMINING RE- VENUES TO BE PAID FOR SUCH PROJECT; AU- THORIZING INCIDENTAL ACTION; AND REPEAL- ING INCONSISTENT ACTIONS. WHEREAS, the Town Council by Resolution No. 81-3, Series 1981, adopted February 24, 1981, and by Ordinance No. 81-23, Series 1981, finally passed July 28, 1981, approved the financing of a commercial development and sports and re- creational facility project (the "Project") for Beaver Creek Associates, Inc. (the "Company") pursuant to the County and Municipality Development Revenue Bond Act (the "Act"); and WHEREAS, the Town has approved a Sports Facilities Financing Agreement dated as of September 1, 1981 (the "Agree- ment") with.the Company and has determined to finance the-Pro- ject and its related costs by the issuance of $2,,,700,000 in aggregate principal amount of its bonds to be known as "Sports Facility Revenue Bonds (Beaver Creek Associates Project), Series.1981" (the "Bonds") to be issued pursuant to a Trust Indenture dated as of September 1, 1981 (the ".Indenture") to The First National Bank of Denver as Trustee (the "Trustee") and . WHEREAS, Vail Associates, Inc. (the "Guarantor") will guaranty the payments of,the principal or redemption price and interest on the Bonds pursuant to its Guaranty dated as of September 1,-1981 (the "Guaranty"); and WHEREAS, Ordinance No. 81-23, Series 1981, authorized the issuance of the Bonds and the determination of final terms thereof by'subsequent resolution of the Town Council; and WHEREAS, Goldman, Sachs & Co. (the "Underwriter") has offered to purchase the Bonds at 97 1/4% of the principal amount thereof, with stated redemption dates,'maturity date and interest rate and proposes to enter into an Underwriting Agreement (the "Underwriting Agreement") relating thereto, as Previously authorized by Ordinance No. 81-23 with the Town, the Company and the Guarantor will join in said Underwriting Agreement. - NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO, that: Section 1. TITLE. This Resolution shall be known as the "Resolution Determining the Aggregate Principal Amount and Terms of the Town's Sports Facility_Revenu_e Bonds (Beaver Creek Associates Project), Series 1981". Section 2. TERMS OF BONDS. The Bonds shall be dated September 1, 1981, shall be in the aggregate principal amount of $2,700,000, and shall be issued as coupon bonds registrable as to principal only, in the denomination of $5,000 each, payable. at the principal corporate trust office of the Trustee or at a successor paying agent. The Underwriting Agreement is hereby found to comply with the maximum net effective interest rate for the Bonds stated in ordinance No. 81-23, Series 1981. The principal amount, numbers, maturity and.provisions for redemption of, and the rate of interest on, the Bonds shall-be as set forth below and in the final Official Statement in respect of-the Bonds to be approved by the Mayor and Town Clerk pursuant to Section 4 of this resolution: Bonds Aggregate Interest Maturity Numbered Principal Rate Per Date (AC- ) Amount Annum (September 1)- 1-540 $2,700,000 12% 1991 The redemption provisions of the Bonds-shall be as contained in the form of Indenture previously approved, the terms of which are hereby reconfirmed. Section 3. DETERMINATION OF REVENUES. The determination of revenues set forth previously in Ordinance No. 81-23, series 1981, is hereby ratified and confirmed. In accordance with Ordinance 81-23, it is hereby determined that.the following amounts, in addition to the amount set forth in Section 2 here- of for the payment of maturing principal payments.,,will be ne- cessary for the payment of interest on the Bonds: Year Ending September 1 Year Ending September 1 1982 - $ 324,000 1987 - $ 324,000 1983 - 324,000 1988 - 324,000 1984 - 324,000 1989 - 324,00b 1985 - 324,000 1990 - 324,000 1986 - 324,000 1991 324,000 Total 3,240,000 Section 4. INCIDENTAL ACTION. The Mayor and Town , Clerk.of the Town are'hereby..authorized and directed to execute and deliver such other documents, including acceptances and conveyances of property interests, and to take such other action as may be necessary or appropriate in order to effectuate the execution and delivery of the aforesaid Agreement,.Yndenture, Official Statement and Underwriting Agreement (including the approval of changes in such documents which the'Town's counsel approves and which do not alter the basic terms and substance of the proposed transactions, such approval to be evidenced by the execution.by such officers), the performance of the Town's obligations thereunder, and the issuance and sale of the Bonds. to the Underwriter at a price of 97 1/4% of the principal amount thereof, plus interest accrued to the date of closing, all in accordance with the foregoing Sections hereof and the provisions of ordinance No. 81-23, Series 1981. Section 5. REPEAL. All prior resolutions or parts thereof inconsistent herewith are hereby repealed. Section 6. EFFECTIVE DATE. This Resolution shall take effect on the 1st day of September, 1981. INTRODUCED, READ, APPROVED AND ADOPTED, THIS 1st day,of ,September, 1981. ATTEST: Patricia J. Town Clerk r Ange ' v. - lpi Mayo -2- 4f C STATE OF COLORADO } COUNTY OF EAGLE ) SS TOWN OF AVON ) NOTICE IS HEREBY GIVEN THAT A SPECIAL MEETING.OF THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO WILL BE HELD TUESDAY SEPTEMBER 1, 1981 AT 7:30 P.M. IN THE MUNICIPAL BUILDING, 400 BENCHMARK ROAD, AVON, FOR THE PURPOSE OF DISCUSSING AND CONSIDERING THE FOLLOWING: 1) Resolution No.#81-15, Series of 1981, A RESOLUTION SUPPLEMENTING ORDINANCE N0.#81-23, SERIES OF 1981; DETERMINING THE PRINCIPAL AMOUNT, BOND NUMBERS, PROVISIONS FOR REDEMPTION AND MATURITIES OF, AND RATES OF INTEREST ON $2,700,000 OF THE TOWN'S SPORTS FACILITY REVENUE BONDS (BEAVER CREEK ASSOCIATES PROJECT, SERIES OF 1981); DETERMINING REVENUES TO BE PAID FOR SUCH PROJECT; AUTHORIZING INCIDENTAL ACTION; AND REPEALING INCONSISTENT ACTIONS. 2) Ordinance No.#81-22, Series of 1981, AN ORDINANCE ADOPTING A ZONING CODE FOR THE TOWN OF AVON; PROVIDING FOR ZONE DISTRICTS AND AN OFFICIAL MAP; PROVIDING DEFINITIONS AND REGULATIONS; ESTABLISHING AN ENVIRON MENTAL REVIEW BOARD, OUTLINING ITS FUNCTION IN RELATION- THERETO; AND PROVIDING PROCEDURES AND STANDARDS THEREFOR; REGULATING AND REQUIRING OFF-STREET PARKING; REGULATING SIGNS; PROVIDING FOR NON-CONFORMING USES AND STRUCTURES; WITH PROVISION FOR INTERPRETATION, REVOCATION AND INVALIDATION OF PERMITS; PROVIDING PENALTIES FOR VIOLATION THEREFOR; AND SETTING OUT ADDITIONAL DETAILS IN RELATION THERETO. THIS MEETING IS OPEN TO THE PUBLIC TOWN OF AVON atricia J. DoyN-b, Towif Clerk POSTED IN THE FOLLOWING PUBLIC PLACES ON AUGUST 31, 1981: :NORTHEAST SIDE OF THE BENCHMARK SHOPPING CENTER, MAIN ENTRANCE TO CITY MARKET, PESTER GAS STATION; AND MUNICIPAL BUILDING IN THE MAIN LOBBY