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HomeMy WebLinkAbout1974-12 Approving an Agreement whereby the Devloper will Construct a Landscaped Plaza in Village Centerr RESOLUTION N0. 12 Series of 1974 A RESOLUTION APPROVING AN AGREEMENT WHEREBY THE DEVELOPER WILL CONSTRUCT A LANDSCAPED PLAZA IN VILLAGE CENTER PROVIDED A VARIANCE ELIMINATING TWENTY-TWO PARKING SPACES IS GRANTED BY THE TOWN AND THE TOWN ISSUES A BUILDING PERMIT FOR A PORTION OF SAID PROJECT WHEREAS, the provisions of the Zoning Ordinance, Ordinance No. 8, Series of 1973, of the Town of Vail, Colorado, would permit Fred Hibberd,Jr., developer of the Village Center in the Town of Vail, Colorado, hereinafter referred to as the "Town", to construct twenty-two parking spaces in said project in addition to ninety-two parking spaces which will actually be constructed therein; WHEREAS, the Town Council, having the favorable recom- mendation of the Planning Commission of the Town, considers that ninety-two parking spaces are adequate for the Village Center and that it would be reasonable, appropriate, and beneficial to the Town and its citizens for the council to grant to the developer of said project a variance eliminating the unnecessary twenty-two parking spaces in order to have said developer construct a land- scaped plaza in said project; WHEREA5, the developer must obtain building permits from the Town, commence construction, and have an enclosed building in said project by the 1st day of July, 1374, in order to obtain a gas connection for said project with the Public Service Company of Colorado; and WHEREAS, the Town requires an agreement with the de- veloper o£ the Village Center to assure the construction of the afore- said landscaped plaza and the developer requires an agreement to be assured of receiving the aforesaid variance and building permits; NOW, THEREFORE, BE IT RE50LVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO, AS FOLLOWS: Section 1. Title. This resolution shall be known as the "Resolution Approving Agreement for Construction of Landscaped Plaza in Village Center". Section 2. Approval of Agreement and authorization for execution thereof. The Agreement dated the 16th day of April, 1974, by and between the Town of Vail, Colorado, and Fred Hibberd,Jr., an un- executed copy of which is marked "Exhibit 1", attached hereto, and made a part hereof, is hereby approved by the Town Councih and the Mayor is hereby authorized by the council to execute said agree- ment, or a modified version thereof which contains substantially the same provisions, in behalf of the Town. Section 3. Attachment of executed copy of Agreement hereto. After an agreement has been duly executed by the parties in compliance with Section 2 hereof, an executed copy of said agreement shall. forthwith be marked "Exhibit 2", attached hereto, and made a part hereof. f a ~ Section 4. Effective date. This resolution shall take effect upon the passage hereof. INTRODUCED, READ, APPROVED, AND ENACTED, this 16th day of April, 1974. Mayor ATTEST: Tawas Clerk AGRBEMENT This is an Agreement between the Town of Vail, a municipal corporation {hereinafter referred to 'as "Vail") and Fred Hibberd, Jr. (hereinafter referred to as "Hibberd"). RECITALS A. Hibberd is the developer of a project in the Town of Vail, Colorado, known as Village Center. B. The Town desires that certain property at street level at the Northeast portion of the Village Center parking garage above which plans currently call for the location of 22 parking spaces, be deleted and the same converted to an urban plaza and open space. C. The Trustees of the Town of Vail have cones eluded that the parking garage with said 22 spaces is or would be in full compliance with all applicable codes of Vail, but that the elimination of the 22 parking spaces and the substitution thereof of urban plaza and open space is desirable in that the substitution will reduce vehicle traffic and congestion and provide more open space. D. Hibberd is willing to apply for the necessary variance to eliminate the 22 parking spaces providing a building permit will be issued by the Town of Vail for the Village Center building C, the parking garage and Building D. In consideration of the recitals and of the mutual covenants herein, it is agreed as follows:. 1. Hibberd agrees to apply for a variance far the elimination of 22 parking spaces which. are presently required to be placed above the East end of the Village Center parking garage and, in lieu thereof, to convert that same area to an urban plaza and open space at street level at the Northeast portion of the Village Center plaza. 2. In consideration of the loss to Hibberd of the adjacent parking to his planned commercial facilities, the Town of Vail agrees to grant the above-described variance and to issue a building permit for the Village Canter Building C and agrees that construction may proceed thereon. The building permit for Building C shall be issued to Hibberd an the execution of this agreement. As soon as the plans for the garage are finalized, which is expected to be on or before May 15, 1974, these plans will be submitted by Hibberd to Vail and a building permit therefore requested. Hibberd agrees to complete the construction of the garage on or before the date that Building C is completed. Tn that connection, Hibberd agrees not to occupy or request a certificate of occupancy for Building G until the garage is completed. 3. Vail acknowledges that time is of the essence hereof due to the July 1, 1974, deadline of Public Service Company of Colorado regarding the enclosure of space and EXHIB~I~T ~~. w use of natural gas in order to assure the priority for the obtaining of natural gas taps. Vail therefore acknowledges that this agreement must be signed on April 15. 1974. 4. The provisions of this document shall inure to the benefit of and be binding upon the parties hereto and their successors, heirs, and assigns. Dated this 16th day of April, 1974. TOWN OF IL gy a{ior APPROVED BX THE TRUSTEES OF THE TOWN OF VAIL APRIL 16, 1974 Fred Hibbard, Jr. 2_ t ~ ~ CERTI~'ICAaE OF DISPOSITION OF FLESOLUTI01~1 IT IS HEREBY CERTIFIED pursuant to the Charter of the Town of Vail, Colorado, Article IV, Section 4.&, that P.esolution No. ~~ , Series of 1974, to the original of which t~iis certificate is affixed, was duly adopted by the Town Council at its regular meeting on the ~p~ day of SIT .~ , 1974, its adoption was authenticated by the signatures of the Mayor and tl~e Town ClerY., and accordingly on the date hereof said resolution was duly recorded in the official records of res- olutions of the Town of Vail, Colorado. ~ ~ ~ ~ /~ DATES: Vail, Colorado, this ~ ~ day of _ ~~! '1974. Town Clete