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HomeMy WebLinkAbout2024-45 A Resolution Approving a Settlement Agreement Between the Town of Vail and the Vail CorporationRESOLUTION NO. 45 Series of 2024 A RESOLUTION APPROVING A SETTLEMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND THE VAIL CORPORATION WHEREAS, this Agreement documents the Town and Vail Resorts’ shared commitment to prioritizing the redevelopment of the West Lionshead area, and the Parties’ intent to partner in support of a base village on the site, anticipated to feature access to Vail Mountain’s legendary terrain plus new lodging, restaurants, boutiques, and skier services as well as community benefits such as workforce housing, public spaces, transit, and parking; WHEREAS, this Agreement is also intended to resolve all disputes between the Parties with respect to certain real property, more particularly described as Tract A and Lot 1, East Vail Workforce Housing Subdivision located in the Town of Vail, Eagle County, Colorado (the "East Vail Property"); WHEREAS, the disputes include an action in eminent domain (2022cv30193 in Eagle County District Court), now on appeal to the Colorado Court of Appeals in 2023CA1899, and a Rule 106 action (2022cv30163 in Eagle County District Court), now on appeal in the Colorado Court of Appeals in 2023CA1622 (these actions and related appeals are collectively referred to herein as the “Litigation”); WHEREAS, the Parties wish to pursue the development of West Lionshead and settle, dismiss and fully and finally resolve the Litigation, including the lifting and termination of any stay in effect in the Litigation. WHEREAS, the Town and The Vail Corporation wish to settle, dismiss and fully and finally resolve the litigation, including the lifting and termination of any stay in effect pursuant to the terms of the Settlement Agreement, attached hereto as Exhibit A and incorporated herein by this reference, (the “Agreement”). NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Agreement in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town Attorney, and authorizes the Mayor to execute the Agreement on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 1st day of October 2024. _________________________ Travis Coggin, Town Mayor ATTEST: _____________________________ Stephanie Kauffman, Town Clerk