TC Res. No. 2007-23 FURTHER MODIFYING A MILESTONE FOR COMPLETION OFTOWN.OF AVON, COLORADO
RESOLUTION NO. 01-23
SERIES OF 2007
A RESOLUTION FURTHER MODIFYING A MILESTONE FOR COMPLETION OF
CONSTRUCTION OF THE GATES, 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 No. 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, Resolution. No. 07-09, adopted March 13, 2007, approved a
delay.in the Milestone Event of Completion of Roofing by March 10, 2007, to March 27,
2007, subject to certain conditions; and
WHEREAS, Resolution No. 07-13, adopted on March 27, 2007, approved
a Memorandum of Understanding to be incorporated into a Second Amended and
Restated Development Agreement ("the Second Amendment") and approved a delay in
the Milestone Event of Completion of Roofing by March 10, 2007, to July 6, 2007,
subject to certain conditions including the condition that CSC diligently pursue approval
of the Second Amendment; and
WHEREAS, the Town Council has considered Ordinance No. 07-05,
which ordinance has been tabled to July 10, 2007, and second reading scheduled for July
24, 2007;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, as follows:
1.. Extension of the Milestone Event of Completion of Roofing until July 24, 2007,
is approved, subject to final adoption of Ordinance No. 07-05.
ADOPTED the 26th day of June, 2007.
C
Ronald C. Wolfe, Mayor.
ATTEST:
Resolution No. 07-23 Roofing Milestone 4
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TOWN OF AVON, COLORADO
RESOLUTION NO. 07-23
SERIES OF 2007
A RESOLUTION FURTHER MODIFYING A MILESTONE FOR COMPLETION OF
CONSTRUCTION OF THE GATES, 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 No. 07-07, adopted February 27, 2007, approved
a delay in the Milestone Event of Completion of Roofing by March 1•0, 2007, to March
13; 2007, subject to "certain conditions; and
WHEREAS, Resolution No. 07-09, adopted March 13, 2007, approved a
delay in the Milestone Event of Completion of Roofing by March 10, 2007, to March 27,
2007, subject to certain conditions; and
WHEREAS, Resolution No. 07-13, adopted on March 27, 2007,, approved
a Memorandum of Understanding to be incorporated into a Second Amended and
Restated Development Agreement ("the Second Amendment") and approved a delay in
the Milestone Event of Completion of Roofing by March 10, 2007, to July 6. 2007,
subject to certain conditions including the condition that CSC diligently pursue approval
of the Second Amendment; and
WHEREAS, the Town Council has adopted on first reading Ordinance
No. 07-05, which ordinance will approve the Second Amendment;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON, COLORADO, as follows:
1. Extension of the Milestone Event of Completion of Roofing until July 10, 2007,
is approved, subject to final adoption of Ordinance No. 07-05.
ADOPTED the 26th day of June, 2007.
Ronald C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
o~-
TO:'. TOWN COUNCIL
FROM.::- TOWN ATTORNEY
RE: THE GATES
DATE: June 26, 2007
On the Council agenda for first reading is Ordinance No. 07-05,~ which
Ordinance will approve the Second Amended and Restated Development Agreement for
The Gates (formerly Chateau St. Claire). If the ordinance is adopted on first reading, it will .
be- considered on second reading on July 10, 2007, four days after the date to Which the
Milestone Event of Completion was extended by Resolution No. 07-13, adopted on March
27, 2007.
Staff recommends that the Council again extend the Milestone Event for
( Completion of Roofing to July 10, 2007, to permit the Second Amended and Restated'
Development Agreement for the Gates to be considered for final approval on July 10 ,
without causing a default to occur under the still effective Amended, and Restated
Development Agreement.
JWD:ipse
3.
TO_" OF AVON, COLORADO
RESOLUTION NO.07-13
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 l 6, 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,,t6 March 13.
2007, subject to certain conditions; and
WHEREAS. Resolution 07-09, adopted March l3, 2007, approved a
delay in the Milestone Event of Completion, of Roofing by March 10, 2007, to March 27.
2007, subject to certain conditions; and
WHEREAS, representatives of the Town and CSC have agreed on a draft
Memorandum of Understanding to be submitted to the Town Council for approval, a
copy of which is attached hereto; and
WHEREAS, the Memorandum of Understanding will be incorporated into
a Second Amended and Restated Development Agreement pursuant to the Town's zoning
amendment process.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON. COLORADO, as follows:
1. The Memorandum of Understanding, a copy of which is attached hereto.
is approved.
2. Extension of the Milestone Event of Completion ofRoofing.until July 6, 2007. is
approved, effective upon adoption of this Resolution, upon condition that a) the Memorandum of
Understanding be signed, b) CSC submit an application for approval of the Second Amendment no.
later than May 1, 2007, and c) CSC diligently pursue such application for purpose of seeking the
Town's final approval and enter into the Second Amended and Restated Development Agreement.
if approved by the Town.
ADOPTED the 27 h day of March 2007.
Ronald C. Wolfe, Mayor ~
Y
Resolution No. 07-13 the Gates Mile tone-:
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