HomeMy WebLinkAboutresolution.council.012-15 RESOLUTION NO. 12
Series of 2015
A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A PROPOSED
ESCROW AGREEMENT BETWEEN THE CITY OF ASPEN AND SHAW BUILDERS, LLC-
REGARDING
LCREGARDING SUMS HELD PURSUANT TO THE BURLINGAME RANCH AFFORDABLE
HOUSING PROJECT AND APPROVING A PROPOSED RELEASE AND SETTLEMENT
AGREEMENT BETWEEN THE CITY AND SHAW BUILDERS, LLC REGARDING
LITIGATION KNOWN AS BURLINGAME RANCHI CONDOMINIUMASSOCIATION, INC., V.
CERTAINTEED CORPORATION, ET AL., PITKIN COUNTY DISTRICT COURT CASE NO.
2012 CV 104, AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID FINAL
DOCUMENTS ON BEHALF OF THE CITY OF ASPEN, COLORADO.
WHEREAS, there has been submitted to the City Council an Escrow Agreement between
the City of Aspen and Shaw Builders, LLC., regarding sums presently held by the City of Aspen
regarding the Burlingame Ranch affordable housing project; and
WHEREAS, there has been submitted to the City Council a Release and Settlement
Agreement between the City of Aspen and Shaw Builders, LLC., regarding the resolution of certain
claims asserted in the'action known as Burlingame Ranch I Condominium Association, Inc., v.
Certainteed Corporation, et al., Pitkin County District Court Case No. 2012 CV 104; and
WHEREAS, the claims by and between the City of Aspen and Shaw Builders, LLC and
Burlingame Ranch 1 Condominium Association, Inc in the litigation known as Burlingame Ranch I
Condominium Association, Inc., v. Certainteed Corporation, et al., Pitkin County District Court
Case No. 2012 CV 104, have been tentatively resolved;and
WHEREAS, after due deliberation and consideration the City Council has determined that
it is in the best interest of the City of Aspen to approve the Escrow Agreement and the Release and
Settlement Agreement submitted herewith.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ASPEN,COLORADO:
Section One
That the City Council of the City of Aspen hereby approves that certain proposed Escrow.
Agreement by and between the City of Aspen and Shaw Builders, LLC, appended hereto, and does
hereby authorize the City Manager of the City of Aspen to execute a final agreement on behalf of
the City of Aspen in substantially the form attached hereto, subject to the approval of the City
Manager and the City Attorney.
Section Two
That the City Council of the City of Aspen hereby approves that certain proposed Release
and Settlement Agreement by and between the City of Aspen and Shaw Builders, LLC, appended
hereto and does hereby'authorize the City Manager of the City of Aspen to execute a final
agreement on behalf of the City of Aspen in substantially the form attached hereto, subject to the
approval of the City Manager and the City Attorney.
Dated: 2
Steve Skadron, Ma r
I, Linda Manning, duly appointed and acting City Clerk do certify that the foregoing is a .
true and accurate copy of that resolution adopted by the City Council of the City of Aspen,
Colorado, at a meeting held January 12, 2015.
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Linda Manning, City Clerk
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