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Town Council Resolution 06 2010IL Awl 1, 71TT-au i m ' melyzi ■ K6191,11■ Lei I M . M " i* L, 1 /1 �' l' N 1 11 ! 0 1 Z ! !' ■ / ■ ' i 0' * / ► /' / ! ► ■ ! i ► 0 WHEREAS, the Town Council of the Town of Snowmass Village entered into q.. Development Agreement with Base Village Owner, LLC dated February 25, 2009 tt- construct Interim BuNding 7 to provide vertical circulation for pedestrians from the Basz. Village Transit Facility to tfoe Base Village Plaza; and M'AERM.�S, the construction schedule provided in the Development Agreen nt provided that the construction would be complete before the start of the 2GO9-2010 ski iA. r w • w ■ WHEREAS, Base Village Owner, LLC has not installed or completed any of the improvements required by the Devetopment Agreement; and WHEREAS, the Town of Snowmass Village has notified Base Village Owner, LLC of its default and further notified Base Village Owner, LLC of its failure to cure the defaW of the Development Agreement; arid ` Town o Snowmass Village a • r ■ r Surety, Westchester rr Fire Insurance WHEREAS,performance pursuant to the Performance Bond; and the Town Council findswi'Li • ofthisResolution necessary for the �nmediate preservation of the public health, safety and welfare. NOW THEREFORE BE IT RESOLVED, by the Town Council of the Town of Snowmass Village, Colorado: Insurance5. That the Town of Snowmass Village hereby indicates to the Surety, Westchester Fire Bond K08218572, ■ s ase Village Owner, LLC, has not insta or comp4etedthe improvements to Interim BuiWing 7 according to the terms and plans of the Development Agreement dated February 25, 2009 between the Town of 0 RESO. No. 6 of 2010 Page 2 of 2 NnowMass Village and Base Iage Owner, LLC that are the sublict of the Pedbrmance Bond. N 2. That the Town of Snowmass V&ge hereby demands installation and completion of the improvements contemplated by the Development Agreeffient by the Surety pursuant 9 t4b PerfWance end. READ, APPROVED AND ADOPTED by the Town Council of the Town of Snowms Village on the 4th day of jpnuary, 2010 upon a motion made by Council Wlerr�erc�cin, the second of Council Mmber%utler and upon a vote of 5 in favor aril ropposed. Bill Boineau, kkyor t 'a