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R89-101 SDC application interval ownership interest in Beaver Creek3 ,v- sus �- Wo Commissioner 0 w- T� � moved adoption of the following Resol ution: - BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 89- I� Q IN RE THE MATTER OF THE APPLICATION OF SDC PROPERTIES, INC. AND VAIL ASSOCIATES, INC. FOR AN INTERVAL OWNERSHIP INTEREST, DISCLOSURE STATEMENT AND MARKETING PLAN WITHIN THE BEAVER CREEK PLANNED UNIT DEVELOPMENT FILE NO. PD- 100 -89 -A WHEREAS, on or about June 29, 1989, the County of Eagle, State of Colorado, accepted for filing an application submitted by SDC Properties, Inc. and Vail Associates, Inc. (hereinafter "Applicant ") for approval of an interval ownership interest, Disclosure Statement and Marketing Plan within the Beaver Creek Planned Unit Development, Beaver Creek, Colorado (hereinafter the "PUD"), File No. PD- 100 -89 -A; and WHEREAS, the Applicant purposes of complying with approval of interval ownership Marketing Plan in Beaver Creek of the Amended and Restated GU Development and; submitted the application for the the proceedural requirements for interests, Disclosure Statement and in accordance with Section VIII (E) ide to the Beaver Creek Planned Unit WHEREAS, notice of the proposed interval ownership interest, Disclosure Statement and Marketing Plan was mailed to all owners of property located within the Beaver Creek Resort Commercial land use designation and was duly published in a newspaper of general circulation throughout the County concerning the subject matter of the application and setting forth the dates and times of hearings for consideration of the application by the Eagle County Planning Commission and the Board of County Commissioners of the County of Eagle, State of Colorado (hereinafter the "Board "); and WHEREAS, at its public meeting held August 16, 1989, the Planning Commission, based upon its findings, recommended approval of the proposed interval ownership interest; and WHEREAS, at its regular meeting held August 29, 1989, the Board considered the interval ownership application, associated Disclosure Statement and Marketing Plan and the statements and concerns of the Applicant and the Eagle County staff. Based on the evidence before it, THE BOARD FINDS AS FOLLOWS: 1. That the Disclosure statement and Marketing Plan associated with the interval ownership application fulfills the requirements of the Amended and Restated Guide to the Beaver Creek PUD. 2. That the interval ownership interest is consistent with the general health, safety and welfare of owners, developers, and residents within the Beaver Creek PUD and persons within Eagle County, Colorado. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the application submitted by SDC Properties, Inc. and Vail Associates, Inc. for an interval ownership interest, Disclosure Statement and Marketing Plan within the Beaver Creek Planned Unit Development be and is hereby granted subject to the following condition: 1. In order to assure the same level of quality regarding the marketing of the interval ownership interests, represented at the August 29, 1989, Board Hearing, and as required by Section VIII (E) of the Amended and Restated Guide to the Beaver Creek Planned Unit Development, any material change in the marketing plans must be approved by the Eagle County Commissioners prior to sales being concluded as a result of such changed marketing plans. At a minimum, changes related to the method of interval ownership, marketing proceedures, the company marketing or representing the marketers of the interval ownership interests shall constitute a material change and require a rehearing before the Board of County Commissioners. The Board finds, determines, and declares that this Resolution is necessary for the health, safety, and welfare of the inhabitants of the County of Eagle, State of Colorado. MOVED, READ of the County of held the g AND ADOPTED by the Board of County Commissioners Eagle, State of Colorado, at its regular meeting day of !'I -b& -cam' , 1989. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS am Chairman 1 D na d H. Welch Commissioner G eopl e A. Gates Commissioner Commissioner seconded adoption of the foregoing resolution. The roll having been called, the vote was as follows: Commissioner Richard L. Gustafson Commissioner Donald H. Welch Commissioner George A Gates ;� r uCi This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. \rV ULi 1. j' I. V LI t LIt1JJyV11CLJ