TOWN OF BASALT MEETINGS Planning and Zoning Commission Meeting Tuesday, June 19, 2018

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1 Basalt Town Hall TOWN OF BASALT MEETINGS Planning and Zoning Commission Meeting Tuesday, June 19, Midland Avenue 5:45 pm Light Dinner 6:00 Site visits Meet at Town Hall Basalt River Park Development 6:45 Call to Order Continue Public Hearing Basalt River Park LLC Application to July 17, Basalt River Park LLC on behalf of the Roaring Fork Community Development Corporation, a Colorado Non-Profit Corporation, has made application to develop twenty-eight (28) residential units, three (3) commercial buildings which are proposed to include two (2) non-profit facilities and a food and beverage operation, and associated improvements on the property and on Town-owned property adjacent to or near property, commonly known as the Roaring Fork Community Development Corporation (CDC) Property. Development Actions include: Rezoning to the Community Serving Commercial (CSC) Zone District; CSC Sketch Plan Review; Amendments to the CSC Zone District, Sketch Plan Subdivision, ESA and ESA Reach II Floodplain Review Recommended Action: Motion to Continue to July 17, :46 Public Hearing TACAW s application for the Permanent - for the purpose of considering an Application submitted by The Arts Campus at Willits (TACAW) on behalf of the Owner who is the Town of Basalt for Sketch Site Plan Review Approval for their proposed performing arts facility which is currently named thepermanent. Recommended Action: Staff and Applicant Presentation, Public Hearing, P&Z Discussion, and if P&Z is comfortable motion to approve per Staff Recommendation. 7:55 Commissioner and Staff Updates 8:10 Adjourn Items on the agenda are approximate and intended as a guide for the Commission. Times are subject to change, as is the order of the agenda. For deadlines and information required to schedule an item on the agenda, please contact Basalt Town Hall at of 93

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10 MEMORANDUM To: From: Chair and Planning and Zoning Commissioners Susan Philp AICP, Basalt Planning Director Date: June 19, 2018 RE: TACAW Sketch Plan Review for Phase I I. Purpose This is the P&Z s review of the Sketch Plan Application for TACAW. The proposal sets the site plan limitations at the sketch plan level for construction of the performing arts facility. The Sketch Plan Application includes approximately 19,000 above-ground square feet, and TACAW would like to potentially construct up to 10,000 square feet of basement. The Proposal includes a large flexible theater, a small theater similar to the Temporary in scale, a commercial/event kitchen, an active lobby, a project room, an outdoor performance space and, offices, storage, other supporting uses, and associated infrastructure. TACAW has identified that they could propose a second phase in the future. II. Background and Process Because this Site is included in the Willits PUD s TPAC Zone District and because it is Town owned, the Town asked for a sketch and final site plan review process. The Town has owned the Town-Park Arts Tract since It was a dedication by the original Willits Town Center Developers. Along with conveying the parcel, the Developer also put into place a real estate transfer assessment (referred to as RETA 1) whereby a 1% assessment is placed on the selling price of property and 50% of the RETA is set aside to build, maintain and provide an endowment for an arts or cultural center (the Arts Center ) to be located at the Town Park-Arts Tract (the portion of the RETA set aside for such purposes is herein referred to as Arts RETA ). The approval documents also require the Willits Developer to construct some of the road and park improvements related to development of this parcel. The Town entered into pre-application agreements with TACAW in late 2015 and TACAW submitted an initial sketch plan application in The application went through the agency referral process, and a public hearing was initially scheduled in front of the Town P&Z. It ultimately did not continue forward primarily because the Town wanted to commission a study to better understand the market for a performing arts center in the mid-valley. The Town subsequently engaged the Arts Consulting Group 1 10 of 93

11 (ACG) for that work. The ACG Report is included in the TACAW land use application in Appendix N. The ACG study was completed in May of 2017 but it could not answer all of the questions the Council was seeking. The Town Council wanted more information on how actual demand for performing arts in the mid-valley would translate into the building size and configuration without spending additional significant funds to find out. It was thought by many that The Temporary could provide information on demand and be very useful in TACAW developing its Sketch Plan application and in the Council s decision making. In June of 2017 the Town entered into a lease with TACAW with provisions generally similar to those included in the lease the Town has with the Roaring Fork Conservancy on the land the Town owns where the River Center is being built. TACAW s lease with the Town has the following schedule: A Land Use Approvals Deadline B Building Permit Deadline and Bank Certification Deadline C Completed Construction Deadline Deadline July 1, 2018 July 1, 2020 July 1, 2022 Performance Requirement Applicant must obtain sketch plan land use approvals for the first phase of construction Applicant must obtain a full building permit for the first phase of the Performing Arts Campus Public and Semi-Public Facilities required to be constructed in Phase I must have a construction permit and be secured by a letter of credit or other instrument to the satisfaction of the Town Attorney. Applicant must deliver a Bank Certification to Town demonstrating that it will have funds to complete Phase I. Applicant must obtain a final certificate of occupancy for the facilities on Phase I. Deadline A requires the Tenant to obtain sketch plan land use approvals under the Willits Town Center PUD and the Basalt Municipal Code for the use of the Property as a Performing Arts Campus approved in accordance with Deadline A. The Town also approved Resolution No. 23, Series of 2017 which outlined a framework to provide more certainty to TACAW, its potential donors, and Town residents and businesses as to how the Arts RETA funds are to be transferred to and used by TACAW. TACAW submitted this Sketch Plan application on May 4, of 93

12 I. P&Z Sketch Plan Review Phase I Approximately 19,000 square feet of Performing arts center is proposed for Phase I. It includes a large flexible theater, a small theater similar to the Temporary in scale, a commercial/event kitchen, a lobby, project room, offices, storage, and other supporting uses. TACAW also wants to reserve the right to build a 10,000 SF basement in the first phase. Additional details are provided below, followed by the Sketch Plan Site Plan. See larger size drawing for details 3 12 of 93

13 IV. Discussion Items The P&Z could concentrate on the following discussion items and questions at the meeting. Staff has prepared conditions in Attachment A of this memorandum for the P&Z s consideration that address these discussion items along with other items typically seen in conditions of approval or that are of less significance. 1. Building Size and Overall Site Plan Configuration. Staff finds the overall arrangement of the building within the Town Park- Arts Center Tract within the Site Plan acceptable. Staff identifies this as a discussion item to determine if P&Z agrees with the quality of the site plan. The P&Z had a site visit on June 6 th where the P&Z heard from Jeff Orsulak, a TACAW Board member and architect, on the building s component parts and its relationship to the street and the rest of Willits Town Center. The Sketch Plan Site Plan depicts the entrance off of the Robinson Street/Market Street Intersection. 2. Compatibility. An arts center was contemplated and supported for this Townowned parcel since the original approvals in 2001 and incorporated into the PUD provisions. The design guidelines for Willits envision urban-scale development. To provide additional compatibility to the residential area to the west, the Town Council added the following requirement to the Willits Developer. 20. The Developer is responsible for constructing the parking along the west side of Pioneer Street from Lewis Lane to Harris Street. The Developer will construct a fence, wall and/or berm along the west edge of the parking spaces to a height of at least 4 ½ feet above the level of the parking lot in order to shield vehicle headlights from neighboring properties. All lighting will be required to be consistent with the Town Code. The Town will see the final lighting plan at Final Plan and Building permit. Signage is minimal with two 32 square foot signs as allowed by the Willits PUD. Included in the application excerpts are the views from various sides of the building. TACAW is proposing a small stairwell overhang approximately 10 ½ feet over the Town s right-of-way facing Willits Lane. While Staff believes the feature adds some interest to that side of the building and could be a fun feature for patrons using the stairway, Staff feels it could be a light box and that it needs more study before approving it. 3. Street Layout. Staff feels that the street layout is consistent with the PUD approvals as modified by Ordinance No. 28. The P&Z should note that the infrastructure outside of the parcel lines is a requirement of the Willits Town Center Developer of 93

14 The grid street layout with perpendicular and angled parking was established in the Willits PUD Approvals in In the Town Council s approval of Ordinance No. 28, Series of 2018, Councilors wanted to see more green space. This ultimately resulted in the Town Council approving a different street layout for Market Street which is included in the thepermanent s Sketch Plan application. Condition No. 9 in Exhibit A-1 of Ordinance No. 28 stated: Developer shall make the Market Street enhancements shown on the landscaping plan prepared by Mt. Daly Enterprises LLC dated January 10, The Market Street Pocket Park enhancements as shown and noted will be completed prior to the issuance of a certificate of occupancy for Block 9, with the exception that the TRC can delay construction on the area adjacent to the Arts Center Block if construction thereon has not been completed to allow the park development to correspond to the adjacent building development or to respond to weather conditions. The Market Street Pocket Park was reviewed by the POST Committee earlier this year. POST Committee members really liked the plan and thought it was a significant improvement over the original angled parking layout with the loading zone in the center. Before Ordinance 28, Market Street in this area had a loading area like that shown south of Market Street Lofts. Staff and the Developer learned a great deal from that first built segment of Market Street and got rid of the center loading area by the affordable housing units and created additional pedestrian/public space instead. Provided below is the January 10 th Market Street Pocket Park plan which TACAW incorporated into their Sketch Plan Site Plan of 93

15 4. Program for Satisfying Parking Needs Is the P&Z ok with the parking plan with the key elements described in Condition No. 7? Parking Background - Charlier s Parking Study concluded in 2017 that removing 25 parking spaces on Reed Street would not materially cause a parking shortage under the Developer s desired development program, even taking into account demand at TACAW s performing arts center and potential loss of public use of the Block 2 parking garage. During peak parking demand periods, and assuming loss of public use of the parking garage, there could be occasional parking shortages. The Council could hear complaints of not enough parking if Willits commercial land uses continue to be successful. That is expected in busy commercial cores and would encourage implementation of demand management and transit strategies. The Willits area currently has a lot of walkers and bicycles to the area and these modes should be actively encouraged for the Center. The Police Department and Town Planning Staff are concerned that if there is a parking shortage, patrons would park on Willits Lane or in adjacent neighborhoods. Therefore, we believe we should have a strategy for preventing this before approval of the Final Plan application and have in place a parking management plan. The draft conditions state that TACAW would not be required to build any on-site parking and instead would rely on adjacent and nearby on-street parking subject to several conditions to address these concerns. Additionally, before submitting the Final Site Plan application, Staff feels that the locations of the ADA parking spaces and ramps on the affected streets should be studied and incorporated into the Final Plan Application. See Referral comments Nos. 14, 15, and 22 from Chris Lehrman dated May 30, This is the responsibility of the Willits Developer as Condition No. 13 in Exhibit A of Ordinance No. 28 provides that the Developer is to pay for an ADA parking plan approved by the TRC for the Willits Development using a consultant approved by the Town. 5. Program for satisfying loading needs. - Is the P&Z comfortable with the loading areas as conditioned in the draft resolution and summarized here? In the Town s TRC discussion, Staff asked the TACAW to study the loading and parking of the RV s and vans used by performers, caterers and others to serve the site. TACAW responded with an amended loading plan dated Condition No. 12 supports the amended plan of 93

16 Drawing of original loading Drawing of amended loading See larger size drawing for details 6. Traffic. Traffic was extensively studied when the Town approved adding additional square footage to the PUD in early 2016, and also addressed during the Town s approvals of Ordinance No. 28, Series of Those studies and the current SH 82 access permits include trips for a performing arts center. The Developer is responsible for the transportation improvements required by the PUD approvals. Traffic information is included in the Sketch Plan application. The P&Z may remember that Dan Roussin, CDOT, had raised questions regarding the Town s access permits on SH 82. The P&Z had included a condition in the Resolution approving Willits Block 3, requiring the Willits Developer to adequately address this before getting a building permit on the next block after Block 3. This was carried over by the Council in their approval of Ordinance No. 28. Staff understands that this issue has now been resolved and is just waiting the final paperwork. Staff is asking for confirmation by TACAW s engineer that the TACAW development program is sufficiently represented in the projected traffic projections provided to CDOT. The current PUD Control document also addresses other items typically raised by the P&Z in its land use review such as submittal and approval of a construction management plan. 7. PUD Design Standards. Staff is comfortable with the building design as meeting the intent of the PUD design guidelines. Is the P&Z satisfied with the 7 16 of 93

17 representation on the design of thepermanent? Final approval will involve TRC approval of administrative amendments. 8. Other Site Amenities. Is the P&Z satisfied with the additional amenities included in the Application? See listening lawn and covered seating areas on the Landscape Plan. 9. Affordable Housing. TACAW s position is that no affordable housing is required for the Development because they read the original 2001 PUD approvals to specifically spell out the entire affordable housing requirement for the Willits PUD which included approval for an arts center. Staff feels that some things have changed since the original approval and we have asked the Town s Attorney to determine whether he concurs with the Applicant. Regardless, the Town Code allows for the Council to waive affordable housing mitigation requirements for non-profits and governmental entities after an analysis from the Town Planner. The Town Planner recommends that no affordable housing be required on this property as: 1. The original PUD would not have required affordable housing. 2. While the PUD was later amended to allow housing on all of the then Town-owned properties, that amendment did not require it be constructed. 3. It does not make practical sense to locate housing on this site either adjacent to the building or on a second level. Staff feels it is more important for this site to provide for bicycle parking, seating areas and other amenities and make the entire tract a performing arts center instead of mixing activities. 4. If the Town felt that more affordable housing is needed, Staff feels it should be built as part of the development on Parcel 2E or be considered as the two additional affordable housing units being required to be built by the Willits Developer in Blocks 4, 9 or To eliminate any confusion in the future, Staff recommends that the affordable housing requirement be waived to the extent they exist. 10. Referral Comments. The attachments include referral comments. Staff has included conditions requiring TACAW to comply with the referral comments except as noted. 11. Construction Management. Condition No. 20, Exhibit A of Ordinance 20 provides that the Willits Developer is responsible for all dust suppression on the project. While the Town owns the property and under lease by TACAW, the Developer is using small portions of this area and adjacent unbuilt streets for construction access/staging, Staff feels that the Developer should be responsible for suppression of dust caused by their activities until the site is ready to be built on. As noted in the Application, TACAW stated that construction management for its construction of ThePERMANENT will be similar to other blocks in Willits Town Center. As the Willits Development builds out, special attention must be paid to construction parking of 93

18 Other: 12. Monument sign. The PUD allows an additional Entertainment sign on SH 82 that TACAW can fund and install once the performing arts center is established. 13. Other Items for Discussion by the P&Z. Does the P&Z have any other items they would like to discuss. V. Staff Recommendation for Meeting At the P&Z meeting, Staff will outline the request and process and TACAW will present the Sketch Plan application and proposed architecture. This is a public hearing and the public will be given an opportunity to provide public comment. Staff s proposal for the meeting is that the P&Z make general comments and then work through discussion items/questions outlined above. Following this discussion, the P&Z could make a motion to recommend approval subject to the conditions contained in Attachment A of this memorandum. Attachments A. Draft Conditions of Approval. B. Excerpts from Application Documents and Supplemental Material Referral Comments: C. SGM Referral Comments as the Town s Engineer dated May 30, 2018 D. SGM Referral Comments for the Mid-Valley Metropolitan District dated May 30, 2018 E. Basalt and Rural Fire Protection District from Brooke Stott, Assistant Fire Marshall F. Colorado Parks and Wildlife from Perry Will, Area Wildlife Manager dated May 14, 2018 and May 9, 2016 G. Comcast comments from Michael Johnson dated May 9, 2018 Other documents H. Excerpts from PUD, other approval documents, and lease entered into between TACAW and the Town Complete Application: I. The complete application can be downloaded from the Planning Department page on the Town s website of 93

19 Attachment A Conditions of Approval 1. The Developer shall comply with all representations set forth in the Application. 2. The Developer shall comply with all material representations made in hearings before the Planning and Zoning Commission (P&Z) and Town Council. Site Plan and Building Plan 3. Site plan is approved at the sketch plan level subject to the conditions contained in this Exhibit. TACAW shall amend the site plan before submitting the Final Application to include the recommendations contained herein. 4. The Building Plan is approved at the sketch plan level subject to the conditions contained below and elsewhere in this Exhibit: a. TACAW must decide whether to have the basement before submitting the Final Sketch Plan Application. The square footages and associated impacts must be incorporated into the parking management plan referred to in Condition No. 7 and in the letter from TACAW s engineer in terms of including any related trips in the SH 82 Access permit. Uses b. The stairwell overhang into Town right-of-way will be addressed in the Final Site Plan review. c. TACAW shall meet with the Building Official before submittal of the Final Plan to ensure that all code requirements can be satisfied at building permit (e.g. exit requirements). d. TACAW shall continue to include the number of restroom stalls shown in the Sketch Plan (which we understand is twice of that required by the 2015 International Building Code) with the addition of at least one ADA/nongender/family restroom. e. Due to the fact that this is a performing arts center and to provide for the public spaces shown on the Sketch Plan Site Plan, it will be necessary to grant minor modifications to the PUD design controls and development guidelines as they apply to this building as provided for and permitted in the PUD Control Document. 5. The P&Z finds the uses proposed by TACAW to be acceptable but notes the following: of 93

20 a. The Willits Town Center Developer has not allocated any commercial base floor area to the Town Park Arts Tract and. TACAW is limited to the 750 square feet of retail use provided in the Willits PUD Control Document along with other accessory activities. b. the Final Plan application, TACAW shall include more detail on the accessory activities. These are permitted and customary. However, the Town wants to make sure that there are appropriate restrictions to ensure TACAW complies with Article 4.4 of the PUD; and the Center s primary focus is performing arts and not other activities (such as rental for private parties) which provide revenues. c. TACAW shall either include or cross-reference the provisions of Paragraph 5 of TACAW s lease with the Town which includes additional provisions and restrictions regarding the use of the premises. For example, the Town has the right to install public art on the property, there are some restrictions regarding visual art sales, and the building cannot convert to a visual arts center in order not to compete with the Art Base. Integrated Transportation System 6. TACAW shall comply with the Transportation Demand Management Program (TDM) for Willits Town Center as outlined in the document prepared by Felsburg Holt & Ullevig dated January 8, 2016 and included as Exhibit C of Ordinance No. 28, Series of A TDM status report and any recommendations shall be submitted by TACAW to the Town Planner for review and approval before issuance of a building permit for the building. (Note this is also required by the Developer before filing a plat on any of the remaining blocks in Willits Town Center). 7. The P&Z finds that no additional on-site vehicle parking is necessary to be provided by TACAW other than that shown on the Site Plan included in the application less any parking that will be eliminated to satisfy the conditions included in the Town s approval provided TACAW complies with the conditions contained herein. Vehicle parking for TACAW will be within on-street parking in Willits Town Center and in the parking garage under Whole Foods until that lease runs out. TACAW must include a parking monitoring and management plan developed by the Town s parking consultant in the Final Plan application. It is envisioned that the parking plan will include the following: a. TACAW must include information in its ticket purchase system which recommend participants reduce vehicle use by utilizing such activities as mass transit, car pool, walk, use a bike sharing program, bicycle or combine trip activities in order to reduce demand on parking of 93

21 b. The Town intends to make any parking area constructed in Parcel 2E available to patrons of the performing arts center. c. Once specified triggers are met, TACAW must adjust the scheduling (dates and times) of its events to mitigate any parking overflow demand that materially and adversely affects other land uses in Willits Town Center and adjacent residential neighborhoods. Triggers would include ticket holders parking on Willits Lane and/or significant levels of overflow parking in adjacent residential areas as determined by the Town of Basalt. Other potential measures identified in the TDM plan (e.g. expanded buss pass program, and incentives for shared ride travel) may be required if the Town of Basalt determines that these are needed to further mitigate parking overflow issues. 8. In addition to personal vehicle parking, at least twenty (20) bicycle parking spaces and racks shall be provided prior to occupancy. a. Bicycle parking shall be provided along or on sidewalks or other paved surfaces within 100 feet of TACAW s main entrance, at a location that shall be reviewed and approved by the Town. b. Bicycle parking shall utilize an inverted U rack design made of carbon steel with black thermoplastic coating. Racks shall be installed in a parallel row on 36 (thirty-six inch) spacing. Depth of bicycle parking spaces shall be at least 60 exclusive of pedestrian walkway. TACAW may present an alternative program for the Town s consideration that meets its design objectives or that also serves as public art and generally satisfies the bicycle parking guide noted below. c. Bicycle parking shall not be placed in a manner that reduces the sidewalk walk clear zone to less than six feet (72 ) or that creates a barrier or hazard for disabled persons. d. Area(s) for an additional twenty (20) bicycle parking spaces shall be identified in the Final Site Plan Application and reserved (or shown how they can be easily converted to being used) to meet potential future bicycle parking demand. At such time as the Town determines that the initial parking for 20 bicycles is not adequate based on actual demand by users of the performing arts center, TACAW shall provide the additional bicycle parking in the identified area(s). A bicycle parking design guide published by the Association of Pedestrian and Bicycle Professionals is incorporated herein by reference and shall be used to provide additional design details as required: ( alsofbikeparking_fina.pdf) of 93

22 Plan-view and perspective drawings of the proposed bicycle parking layout, design and location shall be provided to the Town for review and approval prior to construction of the bicycle parking. TACAW shall monitor and record bicycle parking demand (as evidenced by actual number of bicycles present) during TACAW events and shall report this demand data periodically to the Town. If bicycle parking demand regularly exceeds the twenty (20) spaces initially provided, TACAW shall install an additional twenty (20) spaces using the same design and layout. One or more bike share stations with an adequate number of bike loading docks shall be provided either on-site or within adjacent blocks to the Site as determined by the Town Planner after meeting with WE-cycle administrators. The Final Site Plan application shall include the required bike share docks. TACAW shall show the amended bike plan on the Final Site Plan. 9. The Developer will work with Town Staff before submitting the final Site Plan application to determine whether it is appropriate to locate one or more electric vehicle charge stations to be paid for by others in the parking areas required for this Site Plan. Traffic 10. Before submittal of the Final Site Plan Application, TACAW shall submit a letter to the Town from their engineer or the traffic engineer, which confirms that the trips associated with this application s uses are included in the project traffic projections provided to CDOT to the satisfaction of the Town Planner. 11. Before building permit issuance, the Town will need to have the expected documentation from CDOT regarding compliance with the Colorado Department of Transportation (CDOT s) Access Control Plan regulations and approval for the project as required by Condition 12 of Exhibit A of Ordinance No, 28 Series of Street Configuration and Street Bulb Outs 12. The loading area as shown on the Sketch Plan map prepared by Lipkin Warner dated June 12, 2018 is approved at the sketch plan level subject to the relocated parking spaces being approved by TACAW and Town s engineers. 13. The street layouts submitted at Final Plan shall show the best available information on the parking and driveway access locations adjacent to Block 11 and Town-owned Parcel 2E of 93

23 14. The landscape bulb outs on Lewis Lane and the north bulb out on Robinson Street should be angled like the bulb outs on Two Rivers Road in front of the Roaring Fork Conservancy River Center so that snow can be removed easily. 15. Prior to submitting the Final Site Plan Application, TACAW shall meet with the Willits Developer to work out the construction schedule for the public improvements required by the approval documents for Willis Town Center to be built by the Willits Developer. Affordable Housing 16. To eliminate any confusion in the future, the affordable housing mitigation requirement is waived to the extent there is any current requirement. Referral Comments 17. TACAW shall satisfactorily address the comments made by Chris Lehrman, SGM as the Town Engineer, in his letter dated May 30, 2018 except for Paragraphs 3 and 8 in the Final Plan Application submittal. Paragraph 3 is addressed in Condition 14 of this attachment. Paragraph 8, regarding the Market Street cross section, is addressed by Condition No. 9 in Exhibit A-1 of Ordinance 28, Series of TACAW shall satisfactorily address in the Final Plan Application submittal, the comments made by Chris Lehrman, SGM, representing the Mid Valley Metropolitan District, in his letter dated May 30, TACAW shall satisfactorily address the comments in the Final Plan Application submittal made by Brooke Stott, Assistant Fire Marshall in her letter dated May 23, TACAW shall satisfactorily address in the Final Plan Application submittal, the comments made by Perry Will, Area Wildlife Manager, Colorado Parks and Wildlife dated May 14, 2018, and May 9, Compost/Waste 21. TACAW shall develop a program to reduce waste at the facility and to compost and submit it in the Final Plan Application. Before finalizing the Final Plan Application, TACAW shall meet with food and waste haulers. Construction Management 22. TACAW shall submit a construction management plan with the building permit submittal consistent with the requirements in the PUD of 93

24 Other 23. The TACAW Lease provides that a building permit for the initial phase of the performing arts center must be obtained by July 1, TACAW is on notice that they will need to submit the Final Plan application and building permit well in advance in order to satisfy those deadlines. 24. Nothing in these conditions amends any of the other agreements TACAW has entered into with the Town including the lease or the funding agreement of 93

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