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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