HomeMy WebLinkAbout2005-12 Approving the Amendment to Core Site Development AgreementRESOLUTION NO. 12
Series of 2005
A RESOLUTION APPROVING THE AMENDMENT TO CORE SITE
DEVELOPMENT AGREEMENT (THE "AMENDMENT") AMONG THE
TOWN OF VAIL (THE "TOWN"), VAIL REINVESTMENT AUTHORITY
THE "AUTHORITY"), AND THE VAIL CORPORATION, D!B/A VAIL
ASSOCIATES, INC., A COLORADO CORPORATION ("VAIL
ASSOCIATES"), WHICH AMENDMENT PERTAINS TO CERTAIN
RESPECTIVE RIGHTS AND RESPONSIBILITIES OF THE TOWN, THE
AUTHORITY AND VAIL ASSOCIATES IN RELATION TO THE CORE SITE
DEVELOPMENT PROPOSED TO BE UNDERTAKEN BY VAIL
ASSOCIATES AND AFFILIATES
WHEREAS, the Town, Vail Associates and the Authority are parties to that
certain Core Site Development Agreement dated November 8, 2004, and pertaining to the
development of the "Core Site Project" defined therein (the "Devel~y~~~ent Agreement"); and
WHEREAS, the Town, acting through its applicable departments and agencies
including the Director of Public Works), and Vail Associates, in furtherance of implementing
the Core Site Project, as the owner and developer of the Core Site Project, have determined to
modify and supplement the Development Agreement pursuant to the terms and conditions of an
Amendment to Core Site Development Agreement that has been negotiated among the parties
the "Amendment"); and
WHEREAS, the approval of the Amendment is necessary and proper for the
health, safety and welfare of the Town and its inhabitants; and
WHEREAS, the Amendment complies with all applicable laws and regulations of
the State of Colorado and the Town, and the Town has the authority to enter into the Amendment
pursuant to such laws.
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF VAIL, COLORADO as follows:
Section 1.
The Amendment is hereby approved, and the Town shall enter into the Amendment and perform,
observe and discharge its obligations under the Amendment. The Town Manager is hereby
authorized and directed to execute and deliver the Amendment, on behalf of the Town, with such
terms and provisions as the Town Manager, after consultation with the Town Attorney, considers
to be necessary or appropriate in furtherance of this Resolution.
U
Resolution No. 12, Series of 2005
Section 2.
The Town Council hereby finds, determines and declares that this Resolution is necessary and
proper for the health, safety and welfare of the Town of Vail and the inhabitants thereof.
INTRODUCED, READ, APPROVED AND ADOPTED this 19th day of July,
2005.
pW N O,c
9.
SEAL ~ Richard Clevelar~~, ~
Mayor Pro-tem, Town of Vail
ATTEST:
C
orel Donaldson, .
Town Clerk, Town of Vail
Resolution No. 12, Series of 2005 2
AMENDMENT TO CORE SITE DEVELOPMENT AGREEMENT
THI5 AMENDMENT TO COR~ SITE DEVELOPMENT AGREEMENT (this
Amendment") is made effective as of the 1 q day of Q , 2005, by and between the
TOWN OF VAIL, a municipal corporation duly organizeld~mid b~cisting under and by virtue of
the laws of the State of Colorado (the "Town"), VAIL REINVESTMENT AUTHORITY, a body
corporate duly organized and existing as an urban renewal authority under the laws of the State
of Colorado (the "Authority"), and THE VAIL CORPORATION, D/B/A VAIL ASSOCIATES,
INC., a Colorado corporation ("Vail Associates").
RECITALS:
A. The Town, the Authority and Vail Associates are the parties to that certain
Core Site Development Agreement dated as of November 8, 2004 (the "Development
Agreement"). Initially capitalized terms used but not defined in this Amendment shall have the
meanings ascribed thereto under the provisions of the Development Agreement.
B. The parties have mutually determined to modify and supplement the
provisions of the Development Agreement in certain respects, as set forth in and in accordance
with the provisions of this Amendment.
NOW, THEREFORE, in consideration of the above premises and the mutual
covenants and agreements set forth herein, the parties agree as follows:
1. Acceptance of Easement Dedications. In connection with the Core Site
Project, the Town has received or will receive various easement grants, made expressly as public
dedications and recorded or to be recorded in the real property records for Eagle County,
Colorado (the "Records"), from Vail Associates and various other parties with interests as
adjacent owners or adjacent governing owners' associations, for purposes pertaining to specified
utilities and/or storm drainage, or access ways, streetscaping and other surface improvements.
Those easement grants made and to be made are identified on Exhibit A hereto (collectively, the
Public Easements"). The Town hereby agrees that effective upon execution and delivery by
The Town Manager, or upon the final written confirmation of the Town Manager, as applicable
pursuant to paragraph 5 below, the Town accepts the public dedication under the grant of each
Public Easement, for the use of the public, including the use of vehicular and pedestrian ways for
public access purposes. This acceptance will be subject to and without limitation upon the terms
of the grants under the Public Easements themselves, and furthermore will not be construed to
limit the applicable construction warranty obligations of Vail Associates under the Development
Agreement for the improvements and facilities installed by or through Vail Associates in the
applicable easement areas.
2. Desisnation of Vail Associates.
a) The various Public Easements provide in part that they may be
used and enjoyed by the Town and its designees or invitees. In furtherance of the
completion of the Core Site Project, the Town hereby designates Vail Associates,
6~i376.7 RCF[SH
together with its designees and affiliates and any metropolitan district formed with
jurisdiction over the pertinent easement areas, and the contractors and agents of Vail
Associates or any such designees, affiliates, or metropolitan districts, and subcontractors
and other parties engaged by, through or under any of them (collectively the
Designees"), to act as the Town's designees and/or invitees under the Public Easements
for purposes of the construction and installation of the following improvements and
work, together with any related construction warranty work or subsequent repairs,
maintenance or replacements for which Vail Associates or any such Designees may
otherwise be obligated:
i) The Off-Site Streetscape Improvements;
ii) The Lionshead Place Improvements;
iii) All equipment, facilities and improvements for or related to
sanitary sewer, water, gas, electric, telecommunications and other utility services,
and also storm drainage, as the same are to be installed in connection with the
Core Site Project in accordance with the plans and specifications for the Core Site
Project approved by the Town, and otherwise in accordance with the ordinary,
generally applicable utility and storm drainage regulations and practices of the
Town and the pertinent utility suppliers (collectively the "Utilities
Improvements"). The designation under this pazagraph 2(a) will also extend to
the applicable utilities suppliers, and their contractors and agents, and any
subcontractors and other parties engaged by, through or under any of them (all of
which parties shall be regarded as included within the "Designees"), to the extent
any such utility supplier undertakes the installation of or other work pertaining to
any Utilities Improvements; and
iv) Any other work of improvement within the applicable
easement areas provided or required for the Core Site Project under applicable
Development Approvals," as hereinafter defined ("Core Improvements").
b) The Town further grants Vail Associates and the applicable
utilities suppliers and the other Designees an irrevocable license, coupled with an interest
and non-terminable, to construct and install those portions of the Off-Site Streetscape
Improvements, Utilities Improvements, Lionshead Place Improvements and any other
Core Improvements that are to be located within properties owned by the Town. Those
parties are further authorized to enter those r,~.rerties and undertake therein any related
construction warranty work or subsequent repairs, maintenance or replacements for
which Vail Associates may otherwise be obligated and which pertain to the Core
Improvements that remain in place from time to time, with Vail Associates' obligations
in this regard being conditioned on the effectiveness of this authorization or other
authorization provided by the Town for allowing timely entry. The subject r~.,Yerties of
the Town specifically include, without limitation, those utility and drainage easement
areas established or to be established by the Town pursuant to recorded declarations of
public easement dedications that are identified on Exhibit B attached hereto; Vail
644376.7 RCFlSH 2
Associates and the other Designees are hereby made express beneficiaries of those
easements for undertaking the applicable work.
c) Vail Associates will indemnify and defend the Town from and
against any and all liabilities to third parties, including those pertaining to any personal
injury or physical damage to property, which may be imposed upon or incurred by the
Town and which arise from and are caused by the use and enjoyment by, through or
under Vail Associates of any of the license rights granted under paragraph 2(b) above,
together with all costs and expenses, including reasonable attorneys' fees, that the Town
may incur in connection with any such indemnified liability. In any case this indemnity
shall not apply, however, to any liabilities to the extent attributable to any negligence,
willful misconduct or other breach of any legal duty by the Town or its contractors or
agents; in addition, this indemnity shall be applied in accordance with generally
prevailing laws governing contract rights, remedies and liabilities.
3. Utilities and Snowmelt Undertakinss.
a) Notwithstanding the provisions of pazagraph 5(c) of the
Development Agreement, the parties acknowledge that the snowmelt facilities within the
Off-Site Streetscape Improvements (the "Off-Site Snowmelt Facilities") will connect to
and be served by the same common boiler(s) and heat source facilities that serve
snowmelt facilities within the On-Site Streetscape Improvements and/or the Lionshead
Place Improvements, as well as building and other improvements within the Core Site
Project (the "Central Heat Facilities"), and the Town will not have separate heat source
facilities for the Off-Site Streetscape Improvements. In that regazd:
i) The utility charges incurred in so providing heat to the Off-
Site Snowmelt Facilities will be separately metered, and the Town will be solely
responsible far paying the utility charges incurred. The Town will also bear its
proportionate share of the costs incurred by Vail Associates from time to time to
maintain, repair and replace the Central Heat Facilities in the ordinary course of
Core Site Project operations (the "Central Snowmelt Costs"), with the Town's
proportionate share to be based on the relative utilities consumption for the Off-
Site Snowmelt Facilities in comparison to such consumption incurred for the
snowmelt facilities within the On-Site Streetscape Improvements and the
Lionshead Place L.~~~~ cements, and building and other improvements served
thereby. The amount of the Central Snowmelt Costs and their apportionment
between Vail Associates and the Town shall be determined in accordance with the
ordinary accounting and management practices prevailing fi.,~~, time to time in
connection with the Core Site Project. Vail Associates agrees that it shall provide
maintenance, repairs and replacements for the Central Heat Facilities (or any
substitutions thereof) as necessary to keep the same in good operating condition,
and operate the same in accordance with its ordinary business practices to furnish
snowmelt capacity for the Off-Site Snowmelt Facilities, provided such capacity
shall be materially consistent with the general operating standards presently
maintained for other public properties of the Town served by mechanical
644376.7 RCFiSH 3
snowmelt systems. The Town will provide maintenance, repairs and
replacements for the Off-Site snowmelt Facilities as part of its maintenance
obligations for the Off-Site Streetscape Improvements under the Development
Agreement.
ii) The Town's proportionate share of Central snowmelt Costs
will be billed and invoiced to the Town fi.,~~~ time to time, but no more frequently
than once in any calendaz month, and each payment owing from the Town will be
due and payable within thirty (30) days after notice thereof. If any such payment
owing from the Town is not made when due, it shall thereafter beaz interest until
paid at an annual interest rate equal to one percent (1 %) plus the prime interest
rate published from time to time by The Wall Street Journal. At any time that any
such payment is delinquent, i.e., remains unpaid after its due date, Vail Associates
at its election may suspend the provision of heating services to the Off-Site
snowmelt Facilities until the pertinent delinquency and all interest accrued
thereon are paid in full, provided Vail Associates must first give the Town an
additiona130 days' notice of the pending suspension of services upon or after the
occurrence of the delinquency. This right of suspension will be cumulative with
and without limitation upon other rights or remedies available at law or equity for
enforcement of any delinquency, including, without limitation, an appropriate
collection action.
iii) The parties specifically acknowledge that the Off-Site
snowmelt Facilities will encompass and include certain snowmelt facilities (the
Lionshead Centre snowmelt Facilities") located or to be located within and
serving the condominium property (the "Lionshead Centre Property") governed
by Lionshead Centre Condominium Association (the "Lionshead Centre
Association"), and that the Lionshead Centre Property will receive snowmelt
services pursuant to a certain Construction Agreement and Easement made or to
be made between Vail Associates and Lionshead Centre Association (the
Lionshead Centre Agreement"). The Lionshead Centre snowmelt Facilities will
be regazded as part of the Off-Site snowmelt Facilities for all purposes. Effective
upon the final written confirmation of the Town Manager pursuant to paragraph 5
below, the Town assumes the obligations under the Lionshead Centre Agreement
for maintaining, repairing, replacing and operating the Lionshead Centre
snowmelt Facilities (except to the extent the same fall within Vail Associates'
construction warranty obligations), and shall bear and dischazge all liabilities
associated therewith. Effective upon the rendering of that final written
confirmation, Vail Associates assigns to the Town (i) the easement rights under
the Lionshead Centre Agreement to enter the Lionshead Centre Property for
performing these assumed obligations (this assignment being non-exclusive, with
Vail Associates retaining the right to use and enjoy the easement rights under the
Lionshead Centre Agreement), and (ii) all rights to receive, under the terms of the
Lionshead Centre Agreement, reimbursements from the Lionshead Centre
Association for Central snowmelt Costs which have been reimbursed by the
Town to Vail Associates in the first instance, and for costs associated with the
644376.7 RCFlSH `*
maintenance, repair, replacement and operation of the Lionshead Centre
Snowmelt Facilities that the Town incurs.
iv) The parties agree that the boundary between Off-Site
Streetscape Improvements and the Lionshead Place Improvements, including,
without limitation, the allocation of snowmelt facilities between the two, shall be
in material conformity with the depiction of that division attached as Exhibit C
hereto. In addition, the parties mutually confirm that (i) the skating rink area and
facility within the Core Site Project will constitute part of the On-Site Streetscape
Improvements, and (ii) the Lionshead Place Improvements will encompass and
include right-of--way, streetscape and related improvements which, pursuant to the
Development Approvals and as part of the Core Site Project, are constructed or
installed within the Lionshead Place right-of--way and adjacent areas owned by
the Town in Tracts A and E, VaiULionshead Third Filing, according to the
recorded plat thereof, as well as within the applicable easement azeas adjacent to
the Lionshead Place right-of--way established under the applicable easement
dedications to the Town, as set forth on Exhibit A hereto, from Lion Square
Condominium Association, Inc., Lion Square Phase II and III Condominium
Association, Inc., Lion Square North Condominium Association, Inc., and Antlers
Condominium Association, Inc. The On-Site Streetscape Improvements may be
owned from time to time in whole or part by any Metropolitan District, any owner
of the Core Site Project or any portion thereof, or any other public or private
entity.
b) Vail Associates covenants and agrees that it shall complete or
cause the applicable utilities suppliers to complete the Utilities Improvements in
connection with and as part of the Core Site Project. The completion of the Utilities
Improvements that will be publicly dedicated to the Town (i. e., storm drainage) will be
subject to the same warranty, guarantee and other provisions governing the On-Site
Streetscape Improvements, the Off-Site Streetscape Improvements, and the Lionshead
Place Improvements that aze set forth in paragraph 5 of the Development Agreement; for
other Utilities Improvements, Vail Associates will be obligated to satisfy any warranty
requirements of the applicable utility supplier. However, notwithstanding any provisions
to the contrary under the foregoing, all maintenance, repairs and replacements of Utilities
Improvements following their initial completion will be solely the obligation of the Town
or the pertinent utility supplier, as applicable, except that (i) Vail Associates will remain
liable for. its applicable construction warranty obligations, for any maintenance
obligations to which Vail Associates otherwise agrees in writing, and for any
maintenance obligations lawfully imposed upon Vail Associates by any applicable utility
supplier other than the Town, and (ii) any utility improvements in the nature of private
connections serving individual properties shall be the responsibility of the pertinent
owner to maintain. Furthermore, to the extent any maintenance, repairs or replacements
for the Utilities Improvements conducted by or through the Town or other applicable
utility supplier also necessitate maintenance, ~ repairs or replacements of On-Site
5treetscape Improvements or Lionshead Place Improvements which aze damaged or
disturbed as a result thereof, the Town or pertinent utilities supplier, as applicable, will
644376.7 RCF[SH 5
undertake the maintenance, repairs or replacements of the On-Site Streetscape
Improvements or Lionshead Place Improvements that are so damaged or disturbed,
except to the extent otherwise agreed in writing by Vail Associates for any applicable
utility supplier. The Town shall cause the applicable utilities suppliers to conform to the
foregoing provisions.
c) Notwithstanding any provisions of the Development Agreement to
the contrary, Vail Associates and its successors in interest in the Core Site Project will
not have any liability or responsibility for maintenance, repairs or replacements of any
Lionshead Place Improvements to the extent that Vail Associates or its successors secure
any covenant or agreement of any adjacent owner or governing owners' association to
undertake any such maintenance, repairs or replacements, and the applicable owner or
owners' association will become solely responsible for the maintenance, repairs or
replacements so undertaken and will be regarded as included within the Designees. The
foregoing will not be construed, however, to limit Vail Associates' applicable
construction warranty obligations.
d) The rights and obligations of Vail Associates in connection with
operations, maintenance, repairs or replacements under this paragraph 3 will be
assignable and maybe delegated, in whole or in part, in accordance with pazagraph 14 of
the Development Agreement, and as provided therein, Vail Associates will be relieved of
any further liability for any obligations so assigned.
e) In connection with paragraph 4(b)(i) of the Development
Agreement:
i) The Town agrees that pursuant to and as partial dischazge
of its obligations under that pazagraph 4(b)(i), the Town will grant by declazation
a public utility and drainage easement of a general nature over the entirety of the
Town's ownerships in Tract C, Lionshead Sixth Filing, according to the recorded
plat thereof heretofore or hereafter recorded (which shall be "Tract C" for
purposes of this Amendment). Under that easement the Town will retain the same
regulatory rights and powers as are applicable to the use of public easements in
Town rights-of--way. The Town will further grant by declaration anon-exclusive
public access easement over its ownerships in Tract C for pedestrian and
emergency vehicle use, and also make the other easement dedications and grants
for utility, access and construction purposes which, along with the foregoing, are
identified on Exhibit B hereto. The foregoing grants under this pazagraph (i) will
be made pursuant to paragraph 5 below.
ii) Pursuant to Ordinance No. 8, Series of 2005, the Town is
undertaking to terminate certain pre-existing public utility and drainage easements
established under Vail/Lionshead First Filing and VaiULionshead Third Filing,
according to the recorded plats thereof, in connection with the plat of Lionshead
Sixth Filing. The Town agrees that it will confirm the termination of the
applicable easements when the applicable termination conditions under Ordinance
644376.7 RCFISH 6
No. 8 have been satisfied, and that upon such satisfaction the Town will also
process and adopt an amended and restated version of Lionshead Sixth Filing that
will clearly reflect of record the termination of the pertinent easements.
iii) The Town and Vail Associates mutually acknowledge that
they collectively own all record interests, and the benefited and burdened real
properties, under the "Termination Agreements" defined below, and that the
Termination Agreements aze now obsolete, pertain to real estate improvements
that either have not and are not to be undertaken or have been abandoned, confer
no benefit on either party, and create an unwarranted cloud on title; accordingly,
Vail Associates and the Town mutually agree to make and record in the real
property records for Eagle County, Colorado, a termination and release of the
Termination Agreements. The "Termination Agreements" aze constituted by
A) the Easement Agreement recorded August 25, 1972, in Book 225 at Page 183,
B) the Agreement. recorded December 5, 1978, in Book 279 at Page 340, and
C) the Easement Agreement recorded February 21, 1984, in Book 378 at Page
915, all such recordings being in the real property records for Eagle County,
Colorado.
4. Licenses. The Town acknowledges that the Core Site Design Approvals,
as the same have been and may be further amended or supplemented in connection with the
Town's development process by additional development and construction plans and otherwise
collectively the "Development Approvals"), provide for certain balconies and other overhangs,
foundation footings and other improvements that encroach (the "Core Encroachments") into
Tract C. In addition, the Core Site Design Approvals also provide for (i) a vehicular/pedestrian
access way constituting part of the Core Site Project (the "Tract C Access Way") that crosses a
segment of Tract C adjacent to the westerly boundary of the Core Site Project and
ii) underground access tunnel improvements constituting part of the Core Site Project that
extend fi.,~~~ the Core Site into the right-of--way of Lionshead Place (the "Tunnel
Improvements"). The Town agrees that it shall grant, without further action by Town Council, to
Vail Associates and its successors in interest, as a benefiting appurtenance to the Core Site, one
or more irrevocable licenses, coupled with an interest and non-terminable, permitting the
construction, installation, modification, replacement, maintenance, repair, use and enjoyment of
the improvements causing the Core Encroachments and also of the Tract C Access Way and the
Tunnel Improvements, as the same have been and may be approved from time to time by the
Town pursuant to its devel~YY..ent processes. A pending license grant for these purposes is
identified on Exhibit B hereto.
5. Implementation and Acceptance of Grants. The Town hereby authorizes
the Town Manager, in consultation with the Town Attorney, to execute and deliver, on behalf of
the Town and on terms acceptable to the Town Manager, such easements and license agreements
and other documents and instruments with or for the benefit of Vail Associates as may be
necessary or appropriate to establish and effectuate the easement and license grants from the
Town and the termination of the Termination Agreements provided for under pazagraphs 3 and 4
above, and also any Public Easement grants to which the Town is a signatory party. In addition,
the other Public Easements and the Lionshead Centre Agreement, as it pertains to the Lionshead
644376.7 RCFlSH 7
Centre Snowmelt Facilities, are to be on terms determined to be acceptable by the Town
Manager, in consultation with the Town Attorney, and upon that determination being completed,
the Town Manager will execute a written confirmation thereof, in form reasonably satisfactory to
Vail Associates, for recording in the real property records for Eagle County, Colorado.
6. Pazking Investment. The Town and Vail Associates aze parties to that
certain Parking Capital Investment Agreement dated as of November 8, 2004, under which Vail
Associates, pursuant to requirements and conditions of Town approvals for developing the "Gore
Creek Project" referenced therein, made certain contractual undertakings to invest the sum of
4,300,000 in additional public parking facilities within the Town that the Town may develop
the "Parking Agreement"). The Town and Vail Associates have now mutually determined that
it is more appropriate to allocate and attribute the pazking investment obligation under the
Parking Agreement to the Core Site Project in lieu of the Gore Creek Project. Accordingly, the
Town and Vail Associates mutually agree to make an amended and restated pazking capital
investment agreement which will supersede the existing Parking Agreement and will be made
upon substantially the same terms as those set forth in the Pazking Agreement, except that the
amended and restated agreement shall be predicated upon Town conditions and requirements for
the Core Site Project, in lieu of the Gore Creek Project. The existing Pazking Agreement will be
expressly superseded by the amended and restated agreement. The capital investment
obligations under the amended and restated agreement will constitute the personal obligation of
Vail Associates and will not run with the ownership of the Core Site Project, and
correspondingly will not be conditioned upon the undertaking of the Core Site Project.
7. Annroval: Further Action. This Amendment shall not become effective
until the Town Council's adoption and arr.wal of this Amendment by resolution. As part of
that resolution, the Town Council will designate and authorize the Town Manager to execute and
deliver this Amendment on behalf of the Town. The effective date of this Amendment shall be
the date upon which this Amendment has been executed and delivered by Vail Associates and so
executed and delivered as set forth above by the Town Manager. Furthermore, upon this
Amendment becoming effective, the Town Manager will be further authorized to execute all
documents and instruments on behalf of the Town, without further action of Town Council, in
furtherance of executing and discharging the terms and provisions of this Amendment, provided
such documents and instruments aze not materially inconsistent with the terms of this
Amendment, or constitute only a minor change to the terms of this Amendment or the
Devel..r.~.ent Agreement as determined in accordance with pazagraph 22 of the Development
Agreement.
8. Effect of Amendment. Except as modified hereby, the Development
Agreement shall remain in full force and effect in accordance with its stated provisions. In the
event of any conflict or inconsistency between the provisions of this Amendment and the
provisions of the Development Agreement, the provisions of this Amendment shall be
controlling. The terms of this Amendment shall be int:,,Y.eted and given force and effect in
accordance with the non-conflicting provisions of the Devel..r.~aent Agreement, which shall be
applied to the terms and provisions of this Amendment as if this Amendment were a part of the
Development Agreement in the first instance. The terms of this Amendment will not be
644376.7 RCFISH
O
construed to limit the effect of any conditions to Closing under the Development Agreement
which presently remain unsatisfied. .
9. Counteroarts. This Amendment may be executed in counterparts, each of
which shall constitute an original, and which together shall constitute one and the same
agreement.
10. Recording. Like the Development Agreement, this Amendment shall be
recorded in the Records.
11. Exhibits. Exhibits referenced under the other provisions hereof as being
attached hereto are incorporated herein by this reference and made a part hereof.
Balance of page intentionally left blank.)
644376.7 RCFISH 9
IN WITNESS WHEREOF, the Town, the Authority and Vail Associates have
made this Amendment to Core Site Devel..r~..ent Agreement as of the day, month and yeaz first
above written.
s 1 ;.......;~ `~
9if
EA L=
TOWN:
TOWN OF VAIL, a municipal corporation duly
organized and existing by virtue of the laws of the
State of Colorado
By:
Name: S~~cf Semler
Title: Town Manager
ATTE
elei onaldson, own Clerk
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ~~day of
2005, by 5t'a n Ze ~ le r2 , as Town Manager of the
n of ail, a municipal corporation duly organized and existing by virtue of the laws of the
ate of Colorado.
Witness my hand and official seal.
expires: ~ ~~~ aS' aov ~
MARY ANN ~~ x
Ufil(.e Cl~/h~iGir ~~nGRAfiAM-BEST
Not blic
T~,~4~ ~~~ti
Signature blocks continue on following pages)
644376.7 RCFTSH 10
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
VAIL ASSOCIATES:
THE VAIL CORPORATION, D/B/A VAIL
ASSOCIATES, INC., a Colorado corporation
By:
Name:
Title:
The foregoing instrument was acknowledged before me this
2005, by , as
of The Vail Corporation d/b/a Vail Associates, Inc., a Colorado corporation.
Witness my hand and official seal.
Notary Public
Signature blocks continue on following pages)
C,
My Commission expires:
644376.7 RCFISH 11
day of
VAIL REINVESTMENT AUTI30RITY:
VAIL REINVESTMENT AUTHORITY, a body
A14-H~, corporate duly organized and existing as an urban
renewal authority under the laws of the State of
Colorador • :'~
Name: S an Zemler
Title: Executive Director
C7
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me this ` day of
2005, by~fa~, Zen/ei2 , as ~.sr~~,(~~~e ~decl~,~
of ail reinvestment Authority, a body corporate duly organized and existing as an urban
renewal authority under the laws of the State of Colorado
Witness my hand and official seal.
ion expires: ~T ~~lc~ ~`r~, oZDd (~
A
s' ~~ ;y~q~Y ANN ~ ' ^
AHA+~--gE57
Nota~y P is
Signature blocks continue on following pages)
644376.7 RCF7SH 12
EXHIBIT A
Easement Dedications to be Accepted by the Town of Vail)
GRANTOR CODE
LION SQUARE PHASE II AND III CONDOMINIUM 6. DR1-LS-II&III
ASSOCIATION, INC., a Colorado nonprofit corporation
LION SQUARE NORTH CONDOMINIUM 11. H_A1 & 12. H_A2 LSN
ASSOCIATION, INC., a Colorado nonprofit corporation
LION SQUARE PHASE II AND III CONDOMINIUM 13B. H_A3B LSII&III
ASSOCIATION, INC., a Colorado nonprofit corporation
LION SQUARE CONDOMINIUM ASSOCIATION,14. H_A4 & 15. H_AS LSC
INC., a Colorado nonprofit corporation
THE VAIL CORPORATION, a Colorado corporation, dba 20. VR H_A1 & 21. VR H_AZ
Vail Associates, Inc.
LION SQUARE NORTH CONDOMINIUM 23. WS 1-BG LSN
ASSOCIATION, INC., a Colorado nonprofit corporation
LION SQUARE NORTH CONDOMINIUM 24. WS2-AG LSN
ASSOCIATION, INC., a Colorado nonprofit corporation
THE VAIL CORPORATION, a Colorado corporation 25. WS1-AG VR
d/b/a Vail Associates, Inc.
ANTLERS CONDOMINIUM ASSOCIATION, INC., a 28. Antlers DR
Colorado non-profit corporation
ANTLERS CONDOMINIUM ASSOCIATION, INC., a 29. Antlers HA
Colorado non-profit corporation
ANTLERS CONDOMINIUM ASSOCIATION, INC., a 30. Antlers W1
Colorado non-profit corporation
ROBERT T. LAZIER and DIANE J. LAZIER 34. Lazier DR-UTIL
bsas~e.~ xcFtsx A-1
B
GRANTOR CODE
LANDMARK-NAIL CONDOMINIUM ASSOCIATION, 37. Landmazk DR
INC., a Colorado non-profit corporation
THE LIFT HOUSE CONDOMINIUM ASSOCIATION, 40. Lift House DR
INC., a Colorado non-profit corporation
LIONSHEAD ARCADE BUILDING CONDOMINIUM 41. Arcade DR
ASSOCIATION, a Colorado non-profit corporation
LANDMARK-NAIL CONDOMINIUM ASSOCIATION, 42. Landmazk Mall
INC., a Colorado non-profit corporation
THE LLFT HOUSE CONDOMINIUM ASSOCIATION, 43. Lift House Mall
INC., a Colorado non-profit corporation
LIONSHEAD ARCADE BUILDING CONDOMINIUM 44. Arcade Mall
ASSOCIATION, a Colorado non-profit corporation
ROBERT T. LAZIER and DIANE J. LAZIER 45. Lazier Mall
NAIL 21 CONDOMINIUM ASSOCIATION, INC., a 46. Vai121 Mall
Colorado non-profit corporation
NAIL LIONSHEAD CENTRE CONDOMINIUM 47. VLC Mall
ASSOCIATION, a Colorado non-profit corporation
THE NAIL CORPORATION, a Colorado corporation, dba 52. TRACT A 1 ST FIL UTIL
Vail Associates, Inc.
THE NAIL CORPORATION, a Colorado corporation, dba SSA. TRACT B VR UTIL
Vail Associates, Inc.
THE NAIL CORPORATION, a Colorado corporation, dba 56. TRACT C DR-UTIL
Vail Associates, Inc.
THE NAIL CORPORATION, DB/A NAIL 57. TRACT G-DR-UTIL
ASSOCIATES, INC., a Colorado corporation
644376.7 RCFlSH A-2
GRANTOR CODE
THE VAIL CORPORATION, a Colorado corporation, 59, 60 & 63. TRACTS C, D
d/b/a Vail Associates, Inc. & B DR
THE VAIL CORPORATION, a Colorado corporation, dba 64 & 65. TRACTS C & D
Vail Associates, Inc. DUCT
THE VAIL CORPORATION, a Colorado corporation, dba 66. TRACT B FIL 1 UTIL
Vail Associates, Inc. 67. TRACT B FIL 2 UTIL
THE VAIL CORPORATION, a Colorado corporation, dba 68. TRACT D UTIL
Vail Associates, Inc.
THE VAIL CORPORATION, a Colorado corporation, dba 69. TRACT X UTIL
Vail Associates, Inc.
THE VAIL CORPORATION, a Colorado corporation, dba 70. REPLA i i ~D LOT 1 HC
Vail Associates, Inc.
THE VAIL CORPORATION, a Colorado corporation, dba 71. TRACT D PHONE
Vail Associates, Inc. 72. TRACT C PHONE
THE VAIL CORPORATION, DB/A VAIL 73. TRACT A 1 sT FIL PATH
ASSOCIATES, INC., a Colorado corporation
THE VAIL CORPORATION, a Colorado corporation, dba 77. TRACT D EX-GAS
Vail Associates, Inc.
THE VAIL CORPORATION, a Colorado corporation, dba 82. TRACT G TOWN
Vail Associates, Inc. (this easement is not to be a public ACCESS
dedication, but is to be subject to Town acceptance in
conjunction with and as if part of the Public Easements)
THE VAIL CORPORATION, a Colorado corporation, dba 83. PUBLIC TURNAROUND
Vail Associates, Inc. ACCESS
r~
644376.7 RCFISH A-3
GRANTOR CODE
THE VAIL CORPORATION, a Colorado corporation, dba 84. COURTYARD
Vail Associates, Inc. PEDESTRIAN ACCESS
The foregoing numbered codes or a variant thereof will appear on
the face of each recorded easement.
644376.7 RCF[SH A'4
EI~usIT B
Declarations by Town of Vail of Public Easement Dedications
53. TRACT B 1sT FIL-UTIL
54. TRACT A 3RD FIL-UTIL
80. TRACT C-ACCESS
81. TRACT C -DR and UTIL
Other Town Easement Grants
31. ANTLERS-GAS [to Antlers Condominium Association, Inc.]
74. TRACT A 3RD FIL TUNNEL [to Vail Associates, Lion Square Condominium
Association, Inc., Lion Square Phase II and III Condominium Association, Inc., and
Lion Square North Condominium Association, Inc.]
75. TRACT A 3RD FIL ROAD
76. TRACT E 3RD FIL ROAD [a combined grant to Vail Associates, Lion Square
Condominium Association, Inc., Lion Square Phase II and III Condominium
Association, Inc., and Lion Square North Condominium Association, Inc.]
78. TRACT A 3RD FIL & TRACT B 1sT FIL Access [to Vail Associates]
79. TRACT C SH [to Vail Associates]
Pending License Grant Under Paragrauh 4-
90. TOV Encroachment License
The foregoing numbered codes or a variant thereof will appear on
the face of each recorded easement:
U
644376.7 RCFISH B-1
M EXHIBIT C
Depiction of Boundary
between
Off-Site Streetscape Improvements
and
Lionshead Place Improvements
see the attached)
i
644376.7 RCFISH C~ 1