TC Res. No. 2007-09 FURTHER MODIFYING A MILESTONE FOR COMPLETION OFTOWN OF AVON, COLORADO
RESOLUTION NO. 07-09
SERIES OF 2007
A RESOLUTION FURTHER MODIFYING A MILESTONE FOR COMPLETION OF
CONSTRUCTION OF THE GATES ON BEAVER CREEK, FORMERLY THE
CHATEAU ST. CLAIRE PLANNED UNIT DEVELOPMENT
WHEREAS, on February 16, 2007, CSC Land, LLC ("CSC") provided
written notice that it had been delayed, hindered or prevented from completing roofing by
the Milestone Event date of March 10, 2007, and requested that the Town approve an
extension of the Milestone Event to July 6, 2007, pursuant to the Amended and Restated
Development Agreement between it and the Town; and
WHEREAS, Resolution 07-07, adopted February 27, 2007, approved a
delay in the Milestone Event of Completion of Roofing by March 10, 2007, to March
13, 2007, subject to certain conditions; and
WHEREAS, representatives of the Town and CSC are making progress
with implementation of the conditions contained in that resolution but are in need of
additional time, until March 27, 2007, to present a draft memorandum of understanding
to the Town Council.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL
OF THE TOWN OF AVON, COLORADO, that a further extension of the Milestone
Event of Completion of Roofing until March 27, 2007, is approved.
ADOPTED the 13th day of March
Ronald C. Wolfe, Mayor
ATTEST:
a M Kenny Clerk
MEMORANDUM
TO:
FROM:
RE:
DATE:
TOWN COUNCIL
TOWN ATTORNEY
THE GATES
March 13, 2007
At Council meeting on February 27, 2007, Resolution No. 07-07 was adopted
modifying a milestone for completion of roofing in connection with construction of The Gates
project to.March 13, 2007, on the following conditions: .
a. Imposition of an amenities fee that is applicable to whole-ownership
units.
b. Consideration of an additional contribution to employee housing.
c. Reconsideration of the amount or use of the restoration bond.
d. Consideratio of Additional milestones to be imposed on construction.
e. Implementation of joint access to the Owner's property with the property
to the. east, commonly known as the Folson parcel, which joint access was required by
Ordinance 98-06, which ordinance initially approved The Gates-project.
f. Owner's waiver of any claims against the Town.
g. Reimbursement of costs incurred by the Town.
Since that meeting representatives of the Town and CSC Land, LLC, owner
of The Gates project, have engaged in negotiation of a Memorandum of. Understanding,
which will substantially meet the conditions above. It is anticipated that a final agreement
and implementing resolution will be presented to Council on March 27.
It is therefore requested that Council adopt the resolution on the agenda to
extend the milestone for completion of roofing until March 27.