HomeMy Public PortalAboutResolution 2020-11-03 Notice of Default Under Annexation Agreement for Rendezvous East Mountain TOWN OF FRASER
RESOLUTION NO. 2020-11-03
A RESOLUTION AUTHORIZING THE ISSUANCE OF NOTICE OF DEFAULT UNDER THE
ANNEXATION AGREEMENT FOR RENDEZVOUS EAST MOUNTAIN.
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER, THAT:
(1) The Board finds and determines that:
(a) Rendezvous Colorado, LLC ("Rendezvous") and the Town of Fraser are parties
to that certain Amended and Restated Annexation Agreement dated as of June
4, 2003, and recorded in the Grand County, Colorado, real property records on
December 30, 2003, at Reception No. 2003-016733; as amended by the First
Amendment to Annexation Agreement dated as of November 2, 2005, and
recorded November 8, 2005, at Reception No. 2005-012708; as further amended
by the Amendment to Annexation Agreement for Rendezvous East Mountain
(Amendment 2006-RZ1) dated as of January 1, 2006, and recorded November 1,
2006, at Reception No. 2006-011630; as further amended by the Second
Amendment to Annexation Agreement for Rendezvous East Mountain dated as
of October 6, 2010; and as further amended by the Third Amendment to
Annexation Agreement for Rendezvous East Mountain dated as of October,
2015, and recorded March 17, 2016, at Reception No. 2016001820; (collectively,
the "Annexation Agreement"). Capitalized terms used in this Resolution have the
meanings ascribed to them in the Annexation Agreement
(b) Pursuant to Section 10.10 of the Annexation Agreement, Rendezvous agreed to
dedicate or convey to Fraser the open space parcel designated as Planning Area
4E on the 2003 PDD, which is located within Rendezvous East Mountain. A
portion of said Planning Area 4E, described as Tracts 4E-1, 4E-2, 4E-3, 4E-4,
4E-5, 4E-6, 4E-7, 4E-8, 4E-9, 4E-10 and 4E-11, East Mountain-Filing 1 (the "4E-
Conveyed Property"), has been previously conveyed to Fraser; but the remainder
of said Planning Area 4E (the "4E-Remainder Property") has not yet been
dedicated or conveyed.
(c) Under the terms of the Annexation Agreement, as amended, the ultimate
deadline for Rendezvous to dedicate or convey the 4E-Remainder Property was
extended to October 31, 2020. That deadline has now passed, and Rendezvous
has failed to complete the dedication or conveyance of the 4E-Remainder
Property, which failure constitutes a default under the terms of the Annexation
Agreement.
(2) Therefore, the Board of Trustees hereby authorizes the Town Attorney or his designee
to issue a notice of default addressed to Rendezvous in accordance with the terms of the
Annexation Agreement due to the failure to complete the dedication or conveyance of the 4E-
Remainder Property within the time allowed.
(3) If such default is not cured within thirty (30) days after the issuance of such notice of
default, the Board of Trustees may take further action to enforce the Annexation Agreement and
exercise some or all of the remedies provided therein.
DULY MOVED, SECONDED, AND ADOPTED THIS 18th DAY OF NOVEMBER, 2020.
Votes in favor: 7 BOARD OF TRUSTEES OF '
Votes opposed: e TO • FRAS R, COL• ' DO
Abstained:
BY: .4
Mayor, Philip Vandernail
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own Clerk, Antoinette McVeigh
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