TC Res. No. 1985-31• RESOLUTION NO. 85-31 0
SERIES OF 1985
A RESOLUTION APPROVING FINAL PLAT FOR A REPLAT AND RE-
SUBDIVISION OF TRACTS Q AND R, AND LOT 20, BLOCK 2, TOWN OF AVON,
EAGLE COUNTY, COLORADO, AND FINAL SUBDIVISION PLAT - AMENDMENT
NO. 4, BENCHMARK AT BEAVER CREEK.
WHEREAS, Vail-Avon Commercial Partners, a Colorado
limited partnership, and Wildridge 20, Inc., a Colorado corpora-
tion have submitted a Final Plat for a Replat and Resubdivision of
Tracts Q and R, and Lot 20, Block 2, Town of Avon, Eagle County,
Colorado, and Final Subdivision Plat - Amendment No. 4, Benchmark
at Beaver Creek; and
WHEREAS, the Final Plat is substantially in accord with
a Preliminary Plat for Cunningham Subdivision, a Replat and Resub-
division of Tracts Q and R, Block 2, Town of Avon, Eagle County,
Colorado, and Final Subdivision Plat - Amendment No. 4, Benchmark
at Beaver Creek which was adopted by Avon Town Council Resolution
No. 85-1, Series of 1985; and
WHEREAS, the revisions to the approved Preliminary Plat
include the dedication of street right-of-ways in conformance with
the Town Master Plan.
NOW, THEREFORE, BE IT RESOLVED, by the Town Council of
the Town of Avon, that this Final Plat is hereby approved by the
Town of Avon subject to:
1. Staff review and approval of all subdivision docu-
ments including Plat, Site Development Plans, and
Site Grading and Drainage Plans;
2. Town Attorney review and approval of Plat and sup-
porting documentation;
3. Approval of permanent lender of Wildridge 20, Inc.;
4. Avon Metropolitan District review and approval of
Plat, Engineering Plans, and supporting documentation.
ADOPTED AND PASSED, by the Town Council of the Town of
Avon, Colorado, this 27th day of August , 1985.
TOWN OF AVON, COLORADO
ATTEST:
:t'.P~rbara R. Joseph, ep ty Town
Clerk
Sheila R. Davis, Mayor Pro em.
MEMO
TO: Bill James
FROM: Norm Wood
r~
U
RE: Replat and Resubdivision of Tracts Q and R, and Lot 20,
Block 2, Benchmark at Beaver Creek - Final Plat
A request has been made to place Final Plat for Replat and Re-
subdivision of Tracts Q and R, and Lot 20, Block 2, Town of Avon,
Eagle County, Colorado, and Final Subdivision Plat - Amendment
No. 4, Benchmark at Beaver Creek, on the August 27, 1985, Town
Council Agenda for review and approval. Staff has been working
closely with the developer on this matter, and no major problems
are anticipated. However, the Final Plat and some of the related
documentation was not submitted in time for staff review.
A Resolution has been prepared for Council action, if so desired.
If not, this item should be continued to the next regular Council
meeting.
NW/brj
8-23-85
PUBLIC RIGHT-OF-WAY
DEDICATION AGREEMENT
THIS AGREEMENT made the day of-
' 198_, between (hereinaf-
ter-the "Owner" which expression shall`-include its succes-
sors in interest and assigns), whose address is
Avon, Colorado 81620, and the Town-of
Avon (hereinafter the "Town" which expression shall include
its successors in.interest and assigns), whose address is"
Post Office Box 975, Avon, Colorado 81620.
WITNESSETH:
WHEREAS, the Owner owns and has title to certain
real estate located in the Town of Avon, County of Eagle,
State of"Colorado described as Lot 20, Block 2, Amendment
Number 4, Benchmark at Beaver Creek, Official Plat, Town of
Avon, County of Eagle, State of Colorado as recorded in the
office of the Eagle County Clerk and Recorder (the "Lot");
and
WHEREAS, the Town desires to provide improved
public access to the Owner's lot and adjoining,lots within
the Town, and
-WHEREAS, the Owner and the Town desire to accom-
plish such improved access in a manner which improves public
safety while preserving certain rights attached to affected
portions of the aforementioned lot,
NOW, THEREFORE, in consideration of the keeping of
the mutual covenants, agreements, conditions and stipu-
lations herein contained, it-is mutually covenanted., stip-
ulated and agreed by and between the parties hereto as
follows:
.1.. The Owner hereby grants, dedicates and
conveys' to the Town a public easement`and right-of-way,.
together with the full and free right for the Town to enter
upon, take possession of, and improve as.a.public roadway,
utility,corridor,' and for such other related.purposes as may
be determined necessary by the Town, over, across and under
the portion of the aforementioned lot-heretofore included
within the boundaries of such lot; but.described as "Plaza
Way".and "Benchmark Road East" on that certain plat
identified as Exhibit A hereto.
2. The Owner further grants, dedicates and
conveys to the Town:
(a) an easement two feet in width across the
Lot for repair or reconstruction of curb and gutter along-
the westerly side of Plaza Way; and,
(b) an easement for snow storage 'five feet
in width across the Lot along the westerly side of Plaza
Way., provided however, that such snow storage easement shall
not exist'at the'-,location of Owner's driveway-entrances to
Plaza Way or Benchmark Road East.
3. It is further understood and,agreed that upon
taking possession of the above-described-property:,
(a) the Town shall be solely-responsible for
its condition and maintenance, and-the Owner shall have no
duty relating'to such property;
(b) the Town shall accept streets as con-
structed and at no cost to Benchmark;'
(c) no unreasonable changes will be made in
traffic flow patterns; and,
(d) sidewalks and curb and gutter will be
restored to previously existing condition at no cost to
Benchmark in the event damaged by street,repair'or'improve-
ment operations by Town.
(e) the Town shall hold the Owner harmless
from any liability arising from the use.of the property
dedicated-uhder'-this Agreement as a public easement and
right-of-way, except such liability as may arise directly
from the actions or omissions of the Owner.
IN WHEREOF, the'paa:ties have hereunto set'
their hands and seals the day and year first above written.
OWNER:
By:
TOWN OF AVON, COLORADO
By:
Mayor
ATTEST:
Town Clerk
(SEAL)
STATE OF COLORADO
ss
COUNTY OF EAGLE )
The foregoing document was acknowledged before me
the day of 1985 by
as of
My commission expires:
WITNESS'my hand and official seal.
Notary Public
(SEAL)
STATE OF COLORADO )
ss
COUNTY OF EAGLE )
The foregoing document was acknowledged before me
the day of 1985 by Allan R. Nottingham
as'Mayor of the Town of Avon, Colorado and Patricia Doyle as
Town Clerk of the Town of Avon, Colorado.
My commission expires:
WITNESS my hand and official seal.
Notary-Public
(SEAL)-
AVON
PUBLIC RIGHT-OF-WAY
DEDICATION AGREEMENT
THIS AGREEMENT made the day of
, 198, between (hereinaf-
ter the "Owner" which expression shall include its succes-
sors in interest and assigns), whose address is
, Avon, Colorado 81620, and the Town,of
Avon (hereinafter the "Town" which expression shall, include
its successors in interest and assigns), whose address is
Post Office Box 975, Avon, Colorado 81620.
WITNESSETH:
WHEREAS, the Owner owns and has title to,certain
real estate located in the Town of Avon, County of Eagle,
State of Colorado described as Lot 20, Block 2, Amendment
Number 4, Benchmark at Beaver Creek, Official Plat, Town of
Avon, County of Eagle, State of Colorado as recorded'in the
office of the Eagle County Clerk and Recorder (the "Lot"),
and
WHEREAS, the Town desires to provide improved
public access to the Owner's lot and adjoining lots within
the Town, and
''WHEREAS', the Owner and the Town desire to accom-
plish-such improved access in a manner which improves public
safety while preserving certain rights attached to affected
portions. of the aforementioned lot-,
NOW, THEREFORE, in consideration of-the keeping of
the mutual covenants, agreements, conditions and stipu-
lations herein contained, it is mutually covenanted, stip-
ulated and agreed by and between the parties hereto as
follows:
1. The Owner hereby grants, dedicates and
conveys to the Town a public easement and right-of-way,
together with the full and free right for the Town to enter
upon, take possession of, and improve as a public roadway,
utility corridor, and for such;other related purposes as may
be determined necessary by thejTown, over, across and'urider
the portion of the aforementioned lot heretofore included
within the boundaries of such lot, but described as "Plaza
Way" and "Benchmark Road East"Ion that certain plat
identified as Exhibit A hereto.
2. The Owner further grants, dedicates and
conveys to the Town:
(a) an easement two feet in width across the
Lot for repair or reconstruction of curb and gutter along
the westerly side of Plaza Way; and,
(b) an easement for snow storage five feet
in width across the Lot along the westerly side of Plaza
Way, provided however, that such snow storage easement shall
not exist at the location,of Owner's driveway entrances to
Plaza Way or.Benchmark Road East.-,
3. It is further understood ' aiid agreed, that upon
taking possession of the above-described property:
(a)' the Town shall be,solely 'responsible for
its condition and maintenance, and the Owner shall have.no
duty relating to such property;
(b) the Town shall accept streets as con-
structed and at no cost to Benchmark;
(c) no unreasonable changes will be made in
traffic flow pattern's; and,
(d) sidewalks and curb and gutter will be
restored to previously existing condition at no cost to
Benchmark in the event damaged by street -repair or improve-
ment operations by Town.
(e) the Town shall hold the Owner harmless
from any liability arising from the use of the property
dedicated under this Agreement as a public easement and
right-of-way, except such liability as-may arise directly
from the actions or omissions of the owner.
IN WITNESS WHEREOF, the parties have hereunto-set
their hands and seals the day and year first above written.
OWNER:
ATTEST:
By:
TOWN OF AVON, COLORADO
By:
Mayor
Town Clerk
( SEAL )
0 0
STATE OF COLORADO
) ss
COUNTY OF EAGLE )
The foregoing document was acknowledged before me
the day of 1985 by
as of
My commission expires:
WITNESS my hand and official seal.
Notary Public
(SEAL)
STATE OF COLORADO )
) ss
COUNTY OF EAGLE )
The foregoing document was acknowledged before me
the day of , 1985 by Allan R. Nottingham
as Mayor of the Town of Avon, Colorado and Patricia Doyle as
Town Clerk of the Town of Avon, Colorado.
My commission expires:
WITNESS my hand and official seal.
(SEAL)
Notary Public
AVON
SUBDIVISION IMPROVEMENTS AGREEMENT
THIS AGREEMENT made and entered into this day of
1985, by and between Vail-Avon Commercial
Partners, a Colorado limited partnership, and/or its assigns
(hereinafter collectively sometimes referred to as "VACP"), and
the Town of Avon, state of Colorado, a municipal corporation, by
and through its Town Council (hereinafter sometimes referred to as
"Town").
W I T N E S S E T H:
WHEREAS: VACP is the current owner of fee simple title to
Tracts Q and R, Block 2, Benchmark at Beaver Creek Subdivision,
and desires to resubdivide said tracts into a new subdivision to
be designated "a Replat and Resubdivision of Tracts Q and R, and
Lot 20, Block 2, Town of Avon, Eagle County, Colorado and final
Subdivision Plat - Amendment #4, Benchmark at Beaver Creek"; and
WHEREAS: VACP, as a condition for approval-by the Town
Council, , bf the Town 'of Avon,.'Colorado, of the revised final
subdivision-plat of the Resubdivision (hereinafter sometimes
referred to as',the "Resubdivision"), desires to enter into an
Agreement with the Town-regarding certain improvements to be made
on proposed Tracts'Q and R, as more particularly set forth on
Exhibit "A" attached hereto and incorporated herein by this
reference; and
WHEREAS: VACP has been requested by the Town to provide
reasonably certain assurances of the completion of the
improvements described on Exhibit "A" (hereinafter sometimes
referred to as the "Improvements"); and
WHEREAS: VACP desires to give reasonably sufficient
assurances to the Town of the completion of the Improvements.
NOW, THEREFORE, in consideration of the following mutual
covenants, conditions and promises, the parties hereto agree as
follows:
1. VACP hereby agrees, at its so
furnish all equipment and material for
workmanlike manner the improvements as
including all work incidental thereto,
later than October 15, 1985, according
the following:
le cost
and to
set fo
and to
to and
and expense, to
complete in a good
rth on Exhibit "A",
be completed by no
in compliance with
(a) All laws of the United States of America, the
State of Colorado, Town of Avon, and its respective
agencies, affected special districts and/or service
districts.
(b). All final plat documents to be submitted by VACP to-the
Town prior to or at the time of revised final plat, approval
by the Town for the Resubdivision.
Page 1
(c) Such other designs, drawings, maps, specifications,
sketches and/or other documentation'which'may be sub-
mitted by VACP.;to and approved by any of the above re-
ferenced governmental entities.
2. The improvements to be completed as set forth on Exhibit
"A", attached hereto and incorporated herein by this re-
ference, consists of: enclosing the ditch as shown on the plan
prepared by Intermountain Engineering and approved by,Avon
Metropolitan District; and reconfiguration of the parking lot to
the south of the existing building including the islands, paving
and curbing in a location presently known as ".the pond" and the
redoing of the entrance, parking, and landscaping on the north
side of the existing building, all as shown on the plans provided
and prepared by Intratect Architects.
-3. VACP hereby grants, conveys, transfers and dedicates-to
the Town, a public right of way over and across that portion of
the Resubdivision, more particularly identified as "Benchmark Road
East", and that easterly portion of Plaza Way. VACP, however,
specifically reserves the right to use such area designated as the
Benchmark Road East as.a parking lot until such time as the Town
commences improvements for the public right of way.
4. ,In consideration of the granting, conveying, transferring
and dedicating of the Public Right of Way as described herein to
the Town, the town agrees as follows:
(a) The granting of the easement shall not limit or
jeopardize the ability of the previous land owner of what is to be
identified as Tract R on the amended plat or any subsequent owner
to-continue the use of the existing building on the proposed Tract
R as commercial, retail, office and shopping center, including but
not limited to, continued leasing to restaurants, retail shops,
offices and various other retail outlets, to condominiumize the
existing building on proposed Tract R, and to enclose the
balconies located on the second level of the existing building and
other improvements or expansions on-the-property within the
present building footprints to the extent applicable under- town
regulations assuming the continued
Page 2
availability.of 122 parking spaces located on the proposed Tract R
prior to creation of the public road contemplated by this
agreement, whether or not all of such parking spaces exist,
provided, however, that the town may require the owner of proposed
Tract.R to maximize.parking efficiency on the proposed Tract R to
the-extent possible, including, by way of example and not by way
of limitation, angled parking, small car spaces and on street
parking.,
5. VACP hereby agrees that no building permit shall be
issued for proposed Tract R and no temporary or permanent
Certificate of Occupancy shall be issued for any new project on
proposed Tract Q until the improvements to the Resubdivision have
been substantially completed and are fully useable.
6. Until such time as the town commences improvements within
the public right of way as described above, the town, including
its officers and employees, shall not be liable or responsible for
any accident, loss or damage happening or occurring to the
improvements or the public right of way described in this
agreement; nor shall the town, or any officer or employee thereof,
be liable for any persons or property injured by reason of the
nature of said public right of way, and all of said liability
shall be and is hereby assumed by VACP.
7. VACP hereby agrees to indemnify and hold harmless the
town and any of its officers, agents, and employees against any
losses, claims, damages or liabilities, to which the town or any
of its officers, agents,or employees may become subject, insofar
as any such losses, claims, damages or liabilities (or actions in
respect thereof) arise out of or are based upon any performance by
VACP under the terms and conditions of this agreement; and VACP
shall reimburse the town for any legal or'other expenses
reasonably incurred by the town in connection with investigating
or defending any such loss, claim, damage, liability or action.
this indemnity provision shall be in addition to any other
liability which VACP may otherwise have.
8. Prior to filing of the Amended Plat, VACP hereby agrees
to obtain the necessary letter of credit in a form reasonably
acceptable to the Town so as to insure the completion of any
improvements pertaining--.to this agreement..The-letter of credit to
be in'the amount equal to 'cost estimate prepared by Intermountain
Engineering, approved by Town of Avon'engineer. Said letter of
credit may be partially released as improvements are completed
upon inspection and approval'of,Town of Avon Building Department.
No release shall be provided-by the town as to the letter of
credit until the improvements are substantially completed and are
useable. Said releases shall provide for a 130% coverage of the
estimated cost to complete the improvements, which shall be held
until final completion.
Page 3
. 9. This Agreement may be:amended
such .,amendment shall be in,writing` and
parties the retp.
10. The Town hereby approves the
Tracts Q and R, and-Lot :'20, Block 2, T
Colorado, and final-Subdivision'Plat'-
Beaver Creek, subject to the terms and
Agreement.
from..time,to time, provided
shall be signed by all
final plat Resubdivision of
Dwn of Avon, Eagle County;
Amendment #4,-Benchmark at
conditions of this
WITNESS WHEREOF the parties have hereunto set their hands and
seals the day and year first above written.
TOWN OF AVON, STATE OF COLORADO
By:
Allan Nottingham, Mayor
ATTEST:
BY:
--Patricia J. Doyle
Town Clerk
VAIL-AVON COMMERCIAL PARTNERS,
A COLORADO LIMITED PARTNERSHIP
By:
Wm. James Cunningham
Special Limited Partner
and Managing Agent
004/003 vk
Page 4