HomeMy WebLinkAboutC84-027 Town of Avon_ECSD No. RE-50J_Benchmark at Beaver Creek_Vail AssociatesA G R E E M E N T
THIS AGREEMENT is entered into the 17th day
of December , 1984, between the BOARD OF COUNTY COMMIS-
SIONERS OF EAGLE COUNTY ("the County"), the TOWN OF AVON, a
municipal corporation ("the Town"), EAGLE COUNTY SCHOOL
DISTRICT NO. RE-50J ("the School District"), BENCHMARK AT
BEAVER CREEK, a limited partnership ("Benchmark"), and VAIL
ASSOCIATES, INC., a Corporation ("VA");
RECITALS: By agreement dated April 11, 1975, the
County, Benchmark and VA, in connection with and as a
condition to the County's approval of the final plat for the
Benchmark at Beaver Creek Subdivision and the preliminary
plat for the Beaver Creek Subdivision, a parcel of land now
described as Tract P, Benchmark at Beaver Creek Subdivision,
Town of Avon and County of Eagle ("Tract P") was designated
for a possible school site. By paragraph 1 (b) of that
Agreement Benchmark may be required to convey fee simple
title to Tract P to the County or its designee upon written
request of the County. Inasmuch as such request has not
been made, title to Tract P remains vested in Benchmark
subject to the provisions of the aforesaid agreement.
It is now the desire of the parties that a portion
of Tract P, described on the attached Exhibit "A," be
conveyed to the Town for the purpose of construction thereon
of a water treatment facility and municipal facilities.
Benchmark has heretofore conveyed to the Town a
parcel of land now described as Tract G, Benchmark at Beaver
Creek Subdivision, Town of Avon, County of Eagle ("Tract G")
and the Town is now the owner thereof in fee simple.
Insofar as Tract G is concerned, it is the desire of the
Town and the School District that the westerly three acres
I
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thereof (described on Exhibit "B" hereto) be made available
to the School District for use in connection with the School
District's use of the remainder of Tract P as a school site.
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Conveyance of Portion of Tract P. Upon
execution of this agreement Benchmark will convey to the
Town by general warranty deed the parcel of land described
on Exhibit "A." Such conveyance will be free and clear of
liens and encumbrances but subject to the restrictions and
exceptions set forth in paragraphs 1 (b) and 1 (e) of the
April 11, 1975 agreement as well as the covenants and
restrictions for the Benchmark at Beaver Creek Subdivision.
Such conveyance further shall provide that the real property
conveyed thereby shall not be used for the purposes set
forth in paragraph 1 (c) of the April 11, 1975 agreement and
shall contain a right of re-entry in Benchmark in the event
the property conveyed is used for a purpose other than
construction of a water treatment facility, for approved
municipal purposes, and for parking in connection therewith.
Such conveyance shall in addition provide that in the event
Benchmark exercises its right of re-entry said property
shall remain subject to whatever rights the parties may have
by virtue of the April 11, 1975, agreement.
2. Use of Portion of Tract P Conveyed. Three-
quarters of an acre of the parcel described on Exhibit "A"
shall be used for parking jointly by the School District in
connection with any use of the remainder of Tract P as a
school site and by the Town in connection with the use of
the municipal and water treatment facilities. The location
and configuration thereof shall be approved by the School
District, which approval shall not be unreasonably withheld,
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and at such time as the School District constructs a school
building, the location and configuration thereof may be
altered at the expense of the School District to conform
with its plans for the school building. The remainder of
the parcel described on Exhibit "A" shall be used for the
construction of a water treatment facility and approved
municipal facilities; provided, nothing contained herein
shall obligate the Town to the construction of either, and
it further is understood and agreed that any water treatment
facility will be constructed by Upper Eagle Regional Water
Authority. In the event of the construction of either,
Benchmark shall have the right to approve in writing the
land uses, conceptual design, site plan, floor plan and
architectural design of both, together with parking in
connection therewith, and any amendments thereto. Such
approval shall not be unreasonably withheld.
3. Use of Portion of Tract G. Upon request of
the School District, the Town shall grant to the School
District without charge a non-exclusive license to use a
portion of Tract G, described on Exhibit "B" hereto. Such
portion of Tract G may be used by the School District in
connection with its use, if any, of the remainder of Tract P
for a school site; provided, any permanent improvements
constructed on the licensed portion shall first be approved
by the Town, which approval shall not be unreasonably
withheld.
4. Release of Rights. The School District, the
County, VA and Benchmark herewith expressly release any
claim of title or right to the parcel described in Exhibit
"A" hereto except only the rights set forth herein, which
rights, as to Benchmark, shall not merge in its conveyance
to the Town; provided, in the event Benchmark exercises the
right of re-entry granted to it by paragraph 1 hereof, said
property shall remain subject to whatever rights the parties
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may have by virtue of the April 11, 1975, agreement.
5. Railroad Crossing. It is agreed that the
construction of an additional at -grade railroad crossing at
the south terminus of West Beaver Creek Boulevard is in the
best interest of the residents of the Town and the residents
of the County. In the event the Town in the exercise of its
sole discretion should petition the Colorado Public Util-
ities Commission for an additional crossing, the parties
hereto, without making any financial commitment, will give r,
their full support thereto, including actively participating
in any proceedings before the Commission. vV
6. Contingency. This Agreement is expressly
contingent upon the execution of an agreement between the
Town and the Upper Eagle Regional Water Authority for
construction of a water treatment facility within 60 days of
the execution of this Agreement by all the parties thereto.
BOARD OF COUNTY COMMISSIONERS OF
EAGLE COUNfY), COLORADO
TEST:
to Said Boa d
11.
TOWN OF AVON, COLORADO, a municipal
C o ra 'o
Y.
or Pro Tem '
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BOARD OF EDUCATION OF EAGLE
COUNTY L,_/=(,z,
LDISTRICCTT /fNO. RE-50J
By:
President
ATTEST:
40(sa
&0/-
Secretary
BENCHMARK AT BEAVER
limited partnership,
Co., a General Partr
GeneT.al Partner Th.Cz
By:\,
A. J.
VAIL AtC
BY:
ATTEST:
Secretary
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
, INC
CREEK, a
by BENCHMARK
ership and Sole
Subscribed and sworn to before me by c+
d , K ,c ra k' Ci u� �U�l , and
[Ona ff. a e c , as ll the members of the Board
of -County Commissioners of Eagle County, Colorado and by
06ne4Q , as CTTre _ r� to said Board.
My commission expires: 9 / / H/ F�
_ - Witness my hand and offic/i�3` SL-,
1
Notary Public
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me by Sheila
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ti
Davis, as Mayor Pro Tem, and by Patricia J. Doyle, as Town
Clerk, of the Town of Avon, Eagle County, Colorado.
My commission expire�8^/!j
Witness my hand and official seal. /I
% Notary Public
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me by
, as President, and by % ,%n�✓ ,� ,
as Secretary of the Board of Education of Eagle County
School District No. RE-50J, Eagle County, Colorado.
My Commission expires:
Witness my my hand and official sea.
'--Notary Pub
doh B�. e�ny,.e
STATE OF COLORADO )
) ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me by A. J. WELLS,
as Attorney in Fact for Benchmark Co., a General Partnership
and Sole General Partner of Benchmark At Beaver Creek, a
limited Partnership.
My commission expires: tl/Ii/8P
Witness my hand and official seal.
0 M CA k
Notary P blic
Co P1637
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me by J/
JiL&12 24,7 Z� , as Pre sident.,—a d
ASSOCIATES, INC.
K121284
of VAIL
My commission expires: Oct&-6-z, 4 / U2
Witness my hand and official seal.
Notary Public
Ce P&S
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