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HomeMy WebLinkAbout2024-09 An Emergency Ordinance Approving the Conveyance of Real Property Owned by the Town of Vail Described as Amended Final Plat, Lot 1, Timber Ridge SubdivisionORDINANCE NO. 9 Series of 2024 AN EMERGENCY ORDINANCE APPROVING THE CONVEYANCE OF REAL PROPERTY OWNED BY THE TOWN OF VAIL, DESCRIBED AS AMENDED FINAL PLAT, LOT 1, TIMBER RIDGE SUBDIVISION WHEREAS, the Town and Triumph Timber Ridge, LLC (“Developer”) are parties to a certain Second Amended and Restated Development Agreement, dated July 23, 2024 (the “Agreement) which sets forth the terms for the development of Timber Ridge Village; WHEREAS, the Town owns the real property described in Exhibit A, attached hereto and incorporated herein by this reference (the "Property"); WHEREAS, the Town wishes to convey the Property to Developer for the redevelopment of the Property for deed-restricted employee housing pursuant to the terms of the Agreement; and WHEREAS, it is necessary to pass this ordinance as an emergency measure to meet certain financing deadlines which the Town does not control. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, THAT: Section 1. The sale of the Property is hereby authorized and approved by the Town Council pursuant to the terms of the Agreement. The Town Manager is hereby authorized to execute and deliver, on behalf of the Town, a special warranty deed for the sale of the Property and to take whatever steps are necessary to complete the sale of the Property to meet the Town's obligation pursuant to the Agreement. Section 2. If any part, section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision shall not effect the validity of the remaining portions of this ordinance; and the Town Council hereby declares it would have passed this ordinance, and each part, section, subsection, sentence, clause or phrase thereof, regardless of the fact that any one or more parts, sections, subsections, sentences, clauses or phrases be declared invalid. Section 3. Based upon all of the foregoing, the Town Council finds and declares that there is reasonable justification for the adoption of this Ordinance as an emergency measure, that this Ordinance is necessary for the immediate preservation of the public welfare, and that this Ordinance shall therefore take effect immediately upon adoption as provided by Section 4.11 of the Vail Home Rule Charter. Section 4. The Council hereby finds, determines and declares that this Ordinance is