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HomeMy WebLinkAbout2021-20 A Resolution of the Vail Town Council Approving a First Amendment to the Lot 3 m Middle Creek Development Agreement between the Town of Vail and Triumph Development West, LLC1 5/14/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\RESOLUTION NO. 20 SERIES OF 2021 THE FIRST AMENDMENT TO THE LOT 3 DEVLEOPMENT AGREEMENT-JMM.DOCX RESOLUTION NO. 20 SERIES 2021 A RESOLUTION OF THE VAIL TOWN COUNCIL APPROVING A FIRST AMENDMENT TO THE LOT 3, MIDDLE CREEK DEVELOPMENT AGREEMENT BETWEEN THE TOWN OF VAIL AND TRIUMPH DEVELOPMENT WEST, LLC WHEREAS, on March 2, 2021 the Vail Town Council approved Resolution No. 10, Series of 2021, a resolution approving the Lot 3, Middle Creek Development Agreement (the “Development Agreement”) with Triumph Development West LLC for the development of Lot 3, Middle Creek; WHEREAS, the Town and Triumph Development West, LLC wish to amend Section 8(a)(iv) of the Development Agreement to change the deadline therein from May 5, 2021 to June 28, 2021, as set forth in Exhibit A, attached hereto and incorporated herein by this reference (the “Amendment”); WHEREAS, the remainder of the Development Agreement shall remain unchanged and remain in full force and effect; and WHEREAS, the Town Council finds it in the best interest of the public health, safety and welfare to approve Resolution No. 20, Series of 2021. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the Amendment in substantially the same form as attached hereto as Exhibit A, and in a form approved by the Town attorney, and authorizes the Town Manager to execute the Amendment on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 18th day of May 2021. _________________________ Dave Chapin, Town Mayor ATTEST: _____________________________ Tammy Nagel, Town Clerk 2 5/14/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\RESOLUTION NO. 20 SERIES OF 2021 THE FIRST AMENDMENT TO THE LOT 3 DEVLEOPMENT AGREEMENT-JMM.DOCX EXHIBIT A FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (Lot 3, Middle Creek) THIS FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (the "First Amendment") is made this ____ day of _______________, 2021 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town") and Triumph Development West LLC, a Delaware limited liability company with an address of 12 Vail Road, Suite 700, Vail, CO 81657 (“Triumph”) (each individually a "Party" and collectively the "Parties"). WHEREAS, on March 2, 2021, the Parties entered into a Development Agreement (the "DA") for a project on the real property described as Lot 3, Amended Final Plat Middle Creek Subdivision, a Resubdivision of Lot 1, County of Eagle, State of Colorado; and WHEREAS, the Parties wish to amend the DA. NOW, THEREFORE, for and in consideration of the mutual promises and covenants contained herein, the sufficiency of which is mutually acknowledged, the Parties agree as follows: 1. The deadline set forth in Section 8.a.iv. of the DA is hereby changed from May 5, 2021 to June 28, 2021. 2. The remainder of the DA shall remain unchanged and in full force and effect. WHEREFORE, the Parties have executed this First Amendment as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Scott Robson, Town Manager ATTEST: _________________________________ Tammy Nagel, Town Clerk 3 5/14/2021 \\FILESERVER2019\REDIRECTED$\SBIBBENS\DESKTOP\RESOLUTION NO. 20 SERIES OF 2021 THE FIRST AMENDMENT TO THE LOT 3 DEVLEOPMENT AGREEMENT-JMM.DOCX TRIUMPH DEVELOPMENT WEST LLC By:_____________________________ Name:___________________________ Title:____________________________ STATE OF COLORADO ) ) ss. COUNTY OF _____________ ) The foregoing instrument was acknowledged before me this ____ day of ____________, 2021, by _____________________ as _________________________ of Triumph Development West LLC, a Delaware limited liability company. My commission expires: __________________ _______________________________ Notary Public