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TC Res. No. 1995-17TOWN OF AVON RESOLUTION NO. 95-17 SERIES OF 1995 A RESOLUTION APPROVING THE FINAL CONDOMINIUM MAP- AND ~ - SUBDIVISION IMPROVEMENTS AGREEMENT FOR VAIL AVON COMMERCIAL PARK A RESUBDIVISION OF LOT 14/15, BLOCK.1, BENCHMARK AT BEAVER CREEK, TOWN OF AVON, EAGLE COUNTY, COLORADO WHEREAS, T.J. Conners, Manager, Vail Avon Commercial Park L.L.C., has submitted a Final, Condominium Map and Subdivision Improvements Agreement for Vail Avon Commercial Park, A Resubdivision of Lot 14/15, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County, Colorado: and WHEREAS, the Final Condominium Map and Subdivision Improvements - Agreement have been reviewed by the Town Staff; and WHEREAS, the final Condominium Map and Subdivision Improvements Agreement were found to be substantially in accord with the Subdivision Regulations of the Town of Avon; and WHEREAS, the proposed subdivision is substantially in accord with previously approved Preliminary Plat and complies with the requirements for consideration as a Final Plat. NOW, THEREFORE, BE IT RESOLVED, by the Town Council of the Town of Avon, that the Final Condominium Map and Subdivision Improvements Agreement for Vail Avon Commercial Park, Lot 14/15, Block 1, Benchmark at Beaver Creek, Town of Avon, Eagle County Colorado is hereby approved by the Town of Avon, subject to: 1. The completion of technical corrections as identified by the Town Staff. ADOPTED THIS 28th DAY OF March , 1994 TOWN COUNCIL TO VOFVOIN', COLORADO Albert J. eyno , Mayor' A T: - Patty Neyhart, To Clerk, CMC 03/24/95 13:11 LAW OFFICES STE.307 VNB 3039493354 NO.457 SUBDIVISION M OVEMENTS AGREEMENT THIS AGREEMENT, made and entered into this day of , 1995, by and between VAIL AVON COMMERCIAL PARK LIMITED LIABILITY COMPANY, a Colorado Limited Liability Company (hereinafter referred to as "Subdivider"), and the TOWN OF AVON, a Colorado Municipality, by and through its Council, (hereinafter referred to as the "Town"). WITNESSETH: WHEREAS, the parties wish to enter into a Subdivision Improvement Agreement (the "Agreement") relating to improvements for Vail Avon Commercial Park Condominiums, a subdivision located in the Town of Avon, Eagle County, Colorado (the "Subdivision"), in order to establish the responsibilities for certain improvements (the "Improvements") to the Subdivision as provided for by Section 16.24.100 of the Avon Municipal Code, as amended; NOW, THEREFORE, in consideration of the following mutual covenants, conditions and promises, the parties hereby agree as follows: 1. Subdivider agrees to furnish all equipment, labor and material necessary to perform and complete, in a good and workmanlike manner, the Improvements set forth on the attached Exhibit "A", incorporated herein by this reference as if set forth in their entirety. Subdivider further agrees that it will be responsible for all costs related to said work. All said work shall be performed substantially in accordance with the construction specifications and drawings heretofore or hereafter submitted to and approved by the Town. All work shall be done under the inspection procedures and standards established by the Town, shall be subject to the reasonable satisfaction of the Town, and shall not be deemed complete until the reasonable approval of the Improvements by the Town. 2. All improvements shall be completed by June 30, 1995. 3. (a) To secure completion of the improvements, Subdivider hereby agrees to secure its obligations under this Agreement by providing the Town of Avon with a Performance Surety Bond acceptable to the Town in the amount of $237,000.00. (b) Units IN, and 2N, 2NA, 2NB, 2NC, 2ND, 2NE, 3N and 4N in the Vail Avon Commercial park Condominiums shall not be sold, transferred or otherwise conveyed until all of the Improvements required under this Agreement are completed and approved by the Town. Nor shall Units 3N or 4N be occupied prior to the completion of the Improvements. 4. Upon completion of the Improvements and upon payment of the cost of such Improvements, as evidenced by proof satisfactory to the Town, the Town agrees to release the security provided for in paragraph 3 hereof. 5. Upon completion of portions of the Improvements, Subdivider will cause its engineers (who shall be registered in the State of Colorado) to certify to the Town in writing that the installation of the Improvements, as portions thereof may be completed from time to time, 903 03/24/95 13:12 LAW OFFICES STE.307 VNH + 3039493354 NO. 457 V04 have been completed in conformance with all standards, drawings and specifications as submitted to and previously approved by the Town. Inspection reports, test results and other supporting documentation shall be submitted weekly, during construction, with the certification. The Town may provide periodic inspections as it deems necessary to assure conformance with approved plans and specifications. 6. Any additional fees shall be paid to the Town by Subdivider, within twenty (20) days after delivery of written invoice for such fees, to cover the cost of inspections by the Town. 7. Subdivider agrees that in the event it shall fail to perform its obligations as set forth herein, the Town shall be under no obligation to complete or perform any of said Improvements. No one, individually or otherwise, other than the parties hereto, shall acquire, as a result of this Agreement, any rights, claims or obligations from or against the Town, its agents, employees or officers. Actions by the Town against Subdivider to enforce any provision of this Agreement shall be at the sole discretion of the Town. No third parties shall have any rights to require any action by the Town pursuant to this Agreement; and this Agreement shall not create a liability on the part of or be a cause of action against the Town, for any personal or property damage that may result to any third parties from the failure of the Subdivider to complete the improvements herein specified. 8. The Town shall not, nor shall any officer, agent, or employee thereof, be liable or responsible for any accident, loss or damage related to the work specified in this Agreement, nor shall the Town, nor any officer, agent, or employee thereof, be liable for any persons or property injured by reason of the nature of said work. Subdivider 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 to, because of any losses, claims, damages, or liabilities (or actions in respect thereof) that arise out of, or are based upon, any obligation of Subdivider as hereinbefore stated, which arise prior to the expiration of all warranty periods set forth in section 11 below. Furthermore, Subdivider shall reimburse the Town for any and all legal or other expenses reasonably incurred by the Town in connection with investigating or defending any such loss or claim. 9. In the event that Subdivider defaults in whole or in part in the performance of this Agreement, the Town may give notice to the Surety to proceed with the construction or completion of the improvements. All costs of personnel, equipment and other matters expended by Town in furtherance of the construction responsibilities of Subdivider, shall be paid by Subdivider. Any such costs which have not been reimbursed by Subdivider shall be paid out of the performance bond hereinabove provided for. Without limiting the foregoing, 'own may bring a mandatory injunction action against Subdivider to require installation and construction of the Improvements, if not constructed within the time limits described in this Agreement. If any such action is brought by Town, Town shall be awarded its court costs and attorneys' fees. In addition to the foregoing, any of the units described in paragraph 3(b) above which have been occupied shall forthwith be vacated 2 0324/95 13:13 LAW OFFICES STE.307 VNB - 3039493354 NO.457 D05 and shall not thereafter be occupied until the Improvements have been completed. 10. The Town agrees to the approval of the Final Plat of the Subdivision, subject to the terms and conditions of this Agreement. 11. This Agreement may be amended from time to time such amendment be in writing and signed by all parties heretoided that 12. In the event of a lawsuit arising out of the terms of this Agreement, the prevailing party shall be entitled to court costs and reasonable attorneys fees. 13. This Agreement and the obligations hereof shall be deemed to covenants running with the land and shall be binding on the successors and assigns of the parties thereof. The parties have executed this Agreement as of the date above written. VAIL AVON COMMERCIAL PARK LIMITED LIABILITY COMPANY, a Colorado Limited Liability Company ATTEST: By: Thomas J. Conners, Manager TOWN OF AVON, a Colorado Municipal Corporation By: Town Clerk Mayor 3 0324/95 13:13 LAW OFFICES STE. 307 IAMB 3039493354 NO.457 006 STATE OF COLORADO ) SS. COUNTY OF EAGLE } The foregoing Subdivision Improvements Agreement was acknowledged before me' this day of 1995 by Thomas jr. Conners- as Manager of Vail Avon Commercial Park Limited Liability Company, a Colorado Limited Liability Company. Witness my hand and official seal. My commission expires on: Notary Piabl is STATE OF COLORADO ) COUNTY-OF EAGLE The foregoing Subdivision Improvements Agreement was acknowledged before me this day, of 1995-b' as Mayor and as Town Clerk of the Town of Avon, a Colorado Municipal Corporation. Witness my hand'and official seal. My commission expires on: Notary Public 4 03i24i95 13:13 LAW OFFICES STE.307 VNH 3039493354 NO.457 EXHIBIT "Al' IMPROVEMENTS To BE COMPLETED BY SUBDIVIDER North retaining"wall and roadway as depicted and specified on Tech Group, Inc. Drawing, No. 93-1573 as revised March 6, 1995. Total direct aiid- indirect costs, including Contractor's Fee $137,899.00 907 5