Loading...
TC Res. No. 2014-05 Village at Avon Water Tank AgreementTOWN OF AVON RESOLUTION NO. 14 -05 Series of 2014 A RESOLUTION APPROVING THE AMENDED AND RESTATED TRAER CREEK WATER STORAGE TANK AGREEMENT AND SECOND AMENDMENT TO WATER SERVICE AGREEMENT WHEREAS, on October 7, 2011 Traer Creek Plaza, LLC ( "TCP "), the Town of Avon, and other parties entered into the Settlement Term Sheet ( "Settlement Term Sheet ") in an effort to resolve pending litigation Nos. 2008 CV 385 and 2010 CV 316, Eagle County District Court; WHEREAS, the Settlement Term Sheet set forth terms concerning the financing and construction of the Traer Creek Water Storage Tank; WHEREAS, the parties previously approved the Traer Creek Water Storage Tank Agreement and Second Amendment to Water Service Agreement and now desire to approve an Amended and Restated Traer Creek Water Storage Tank Agreement and Second Amendment to Water Service Agreement for reasons stated in the recitals; and, WHEREAS, the Avon Town Council approved the Receipt and Escrow Agreement Pertaining to The Village (at Avon) Settlement Implementation by Ordinance No. 12 -10 which set forth various terms concerning the execution and deposit of documents and agreements into escrow and the effectiveness or voiding of such documents and agreements. NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, that the Amended and Restated Traer Creek Water Storage Tank Agreement and Second Amendment to Water Service Agreement, attached hereto as Exhibit A, is hereby approved by the Town of Avon, and that the Mayor, Town Manager and Town Attorney are hereby authorized to collectively review and approve the completion of blanks in the document, revisions to correct typos, grammatical errors, cross - references and definitions, completion or revision of exhibits, and other revisions to the agreement and exhibits which do not constitute substantive changes to the terms of the agreement which are material to the Town of Avon's interest. ADOPTED MARCH 11, 2014 TOWN COUNCIL A Res. 14 -05 Approving the Amended and Restated Traer-C—re—ck Water Storage Tank Agreement and Second Amendment to Water Service Agreement March 11, 2014