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TC Res. No. 1986-280 • RESOLUTION NO. 86-28 SERIES OF 1986 A RESOLUTION CLARIFYING THE AUGUST 28, 1986, DEVELOPER AGREEMENT. WHEREAS, the Bendelow development group has presented a draft of a commitment for financing, as of December 1, 1986, as required pursuant to that certain agreement between the Town of Avon (Avon), and Vail Valley Mall (Developer), dated August 26, 1986; and WHEREAS, the draft commitment includes additional parties as developers with which Avon has not previously dealt; and WHEREAS, the August 26, 1986, agreement provides that Avon shall have the right to approve any changes in the existing developers; and WHEREAS, these factors have caused Avon to believe it needs additional information to assist it in approving the changes in the developers. NOW, THEREFORE, BE IT RESOLVED, that: 1. a. Developers' package must be presented to Avon by Wednesday, December 3, 1986, which includes: a) the titles and shares of each partner/stock- holder; b) the specific roles and responsibilities of each member of the development team; c) a designation of the developer's project manager; d) references, qualifications, and experience of the new parties of developer, for verification; e) financial statements of new parties of developer; f) consent of present parties to the additional parties of developer. 2. Avon will respond to such package by Thursday, December 4, 1986. If acceptable, Avon will provide notice of its acceptance of developers; i i 3. A financing commitment, in the same form as that presented to the Town on December 1, 1986, and signed by the developer and the lender, must be provided to Avon by Tuesday, December 9, 1986; 4. Developer must be ready, willing, and able to complete a cash closing on December 15, 1986; 5. Avon may contact Wal-mart,-the sellers, and other developers, as of December 2, 1986. ADOPTED AND PASSED THIS 2nd day of December 1986. TOWN COUNCIL TOWN OF AVON, COLORADO B Allan bot am, Mayor ACCEPTED 'BY : C~" AS-41J~~ Edward M. (Ted Bendelow Vail Valley Mall Associates 2