07-21-2016 Special Warranty Deed ERFPDEagle County, CO 201611830
Teak J Simonton 07/29/2016
Pgs: 25 03:38:00 PM
REC: $131.00 DOC: $85.20
After Recording, Retum to: E ° R E R
Town of Avon THIS DOCUMENT WAS IUD "Docurnerrtary Fee Required
P.O. Box 975 Pursuant to §39- 13- 104(1)(a), CRS.
Avan, Colorado 81620
Attu: Town Clerk
SPECIAL WARRANTY DEED
[STATUTORY FORM — C.RS. § 38 -30 -115]
EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi - municipal corporation of the State
of Colorado ( "Grantor'), whose street address is White River Center, 90 Benchmark Road, Suite 101,
Avon, Colorado 81620, County of Eagle, for the consideration of EIGHT HUNDRED FIFTY TWO
THOUSAND FORTY TWO AND 33/100 DOLLARS ($852,042.33) and other good and valuable
consideration (in hand paid as follows: $574,391.15 credit for extinguishment of an Eagle River Fire,
Protection District Annual Appropriation Note to the Town of Avon, dated June 8, 2015, as defined in the
Intergovernmental Agreement for a Joint Fire-Police Station Facility between the Town of Avon and the
Eagle River Fire Protection District, dated April 28, 2015, for Temporary Financing as defined in such
agreement and $277,651.18 cash) hereby sells and conveys to THE TOWN OF AVON, a home rule
municipal corporation of the State of Colorado ("Grantee"), whose address is P.O. Box 975, One Lake
Street, Avon, Colorado 81620, County of Eagle, an undivided 45% interest in Lot 1B, Buck Creek
Subdivision, Filing No. 2, County of Eagle, Town of Avon, Colorado (" Property's, such that the Eagle
River Fire Protection District and the Town of Avon shall own the Property as a Tenancy in Common
with the Eagle River Fire Protection District owning a 55% undivided interest and the Town of Avon
owning a 45% undivided interest in the Property, subject to the rights, obligations and terms of the
INTERGOVERNMENTAL AGREEMENT BETWEEN THE EAGLE RIVER FIRE PROTECTION
DISTRICT AND THE TOWN OF AVON CONCERNING THE CONSTRUCTION, OCCUPANCY,
OPERATION AND MAINTENANCE OF THE AVON JOINT PUBLIC SAFETY FACILITY, as may
be amended from time to time, and attached hereto as Exhibit A
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor, for itself and
its heirs, successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND
FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and
Grantee's heirs, successors and assigns, against all and every person or persons claiming the whole or any
part thereof, by, through or under Grantor, subject to the matters set forth on Exhibit B attached hereto
and made a part hereof.
EAGLE RIVE TIRE PROTECTION DISTRICT
,,; iiidBauer, General Manager and Fire Chief
STATE OF COLORADO )
) ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on July 21, 2016, by Karl Bauer as General
Manager and Fire Chief of the Board of Directors of the Eagle River Fire Protection District.
tress my hand and official seal. My commission expires: /C {�� -7
KRISTEN E MASH
NOTARY PUBLIC
Notary Public STATE OF COLORADO
i rwel NOTARY ID 20084031275
[00522054.DOCX/}
LYCOMMISSION EXPIRES OCT. 8, 2017
After Recording, Return to: m U
Town of Avon Fee Required
P.O. Box 975 F;6 DOCI)MENT WAS RECORDED —. Pursuant oe §39 -13 -104( )(a), C.R.S.
Avon, Colorado 81620
Attn: Town Clerk
SPECIAL WARRANTY DEED
[STATUTORY FORM — C.R.S. § 38 -30 -115]
EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi - municipal corporation of the State
of Colorado ( "Grantor "), whose street address is White River Center, 90 Benchmark Road, Suite 101,
Avon, Colorado 81620, County of Eagle, for the consideration of EIGHT HUNDRED FIFTY TWO
THOUSAND FORTY TWO AND 33/100 DOLLARS ($852,042.33) and other good and valuable
consideration (in hand paid as follows: $574,391.15 credit for extinguishment of an Eagle River Fire
Protection District Annual Appropriation Note to the Town of Avon, dated June 8, 2015, as defined in the
Intergovernmental Agreement for a Joint Fire - Police Station Facility between the Town of Avon and the
Eagle River Fire Protection District, dated April 28, 2015, for Temporary Financing as defined in such
agreement and $277,651.18 cash) hereby sells and conveys to THE TOWN OF AVON, a home rule
municipal corporation of the State of Colorado ( "Grantee "), whose address is P.O. Box 975, One Lake
Street, Avon, Colorado 81620, County of Eagle, an undivided 45% interest in Lot 1B, Buck Creek
Subdivision, Filing No. 2, County of Eagle, Town of Avon, Colorado ( "Property "), such that the Eagle
River Fire Protection District and the Town of Avon shall own the Property as a Tenancy in Common
with the Eagle River Fire Protection District owning a 55% undivided interest and the Town of Avon
owning a 45% undivided interest in the Property, subject to the rights, obligations and terms of the
INTERGOVERNMENTAL AGREEMENT BETWEEN THE EAGLE RIVER FIRE PROTECTION
DISTRICT AND THE TOWN OF AVON CONCERNING THE CONSTRUCTION, OCCUPANCY,
OPERATION AND MAINTENANCE OF THE AVON JOINT PUBLIC SAFETY FACILITY, as may
be amended from time to time, and attached hereto as Exhibit A.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor, for itself and
its heirs, successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND
FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and
Grantee's heirs, successors and assigns, against all and every person or persons claiming the whole or any
part thereof, by, through or under Grantor, subject to the matters set forth on Exhibit B attached hereto
and made a part hereof.
EAGLE RIVE FIRE PROTECTION DISTRICT
By:
ad Bauer, General Manager and Fire Chief
STATE OF COLORADO )
) ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on July 21, 2016, by Karl Bauer as General
Manager and Fire Chief of the Board of Directors of the Eagle River Fire Protection District.
my hand and official seal. My commission expires
Public
a-
100522054.DOCX /} --r+I ^ ,
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KRISTEN E NASH
NOTARY PUBLIC
STATE OF COLORADO
NOTARY ID 20094031275
MY COMMISSION EXPIRES OCT, 8, 2017
EXHIBIT A TO
SPECIAL WARRANTY DEED
Attached separately Intergovernmental Agreement Concerning the Ownership,
Construction, Operation and Maintenance of the Joint Fire - Police Station Facility
Between the Town ofAvon and the Eagle River Fire Protection District
INTERGOVERNMENTAL AGREEMENT
CONCERNING THE OWNERSHIP, CONSTRUCTION, OPERATION AND
MAINTENANCE OF THE JOINT FIRE - POLICE STATION FACILITY
BETWEEN THE TOWN OF AVON AND
THE EAGLE RIVER FIRE PROTECTION DISTRICT
THIS INTERGOVERNMENTAL AGREEMENT ( "Agreement ") is made and entered
into on July 21, 2016, ( "Effective Date ") by the Town of Avon, a home rule municipal
corporation of the State of Colorado ( "Avon ") and the Eagle River Fire Protection District, a
quasi - municipal corporation and political subdivision of the State of Colorado organized under
Title 32 of the Colorado Revised Statutes ( "Fire District ") (collectively, the "Parties," and each
individually a "Party ").
RECITALS
WHEREAS, the Fire District has acquired Lot 1B, Buck Creek PUD, as described and defined
in the Plat recorded December 30, 2009, Reception No. 200927819, County of Eagle, State of
Colorado with the intent to design, finance and construct a joint regional fire station and Town of
Avon police station on the Property ( "Joint Public Safety Facility "); and,
AVHEREAS, the Parties entered into an INTERGOVERNMENTAL AGREEMENT FOR A
JOINT FIRE- POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE
EAGLE RIVER FIRE PROTECTION DISTRICT, dated April 28, 2015; which was amended by
the MEMORANDUM OF AGREEMENT REGARDING COST SHARING FOR
PROGRAMMING, DESIGN AND PRE- CONSTRUCTION MANAGEMENT OF A JOINT
FIRE- POLICE STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE
RIVER FIRE PROTECTION DISTRICT, dated June 9, 2015; and amended by SECOND
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE- POLICE
STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE
PROTECTION DISTRICT, dated January 11, 2016; and amended by the THIRD
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE- POLICE
STATION FACILITY BETWEEN THE TOWN OF AVON AND EAGLE RIVER FIRE
PROTECTION DISTICT, dated January 26, 2016; and amended by the FOURTH
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE- POLICE
STATION FACILITY BETWEEN THE TOWN OF AVON AND EAGLE RIVER FIRE
PROTECTION DISTRICT, dated February 2, 2016 (collectively referred to as the "2015 IGA ");
and.
WHEREAS, in accordance with the terms of the 2015 IGA, the Parties each referred a ballot
measure concerning construction financing to their respective electorates for consideration on
May 3, 2016 and the respective voters for each Party approved the referred ballot measures; and,
WHEREAS, the Parties desire to proceed with construction of a Joint Public Safety Facility and
thereby desire to replace and supersede the 2015 IGA with this new Agreement to address
various matters, including but not limited to conveyance of an undivided interest in the Property
to the Town of Avon, closing on construction financing, orderly and efficient cooperation of a
Construction Manager contract and Architectural Services contract, use and occupancy,
ERFPD -Avon IGA Ownership & Operation
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Page I of 16
operation and maintenance, and such other matters concerning each Party's rights and
obligations in the Joint Public Safety Facility; and,
WHEREAS, the Parties acknowledue that each Party must close on its respective bond
financing as a condition of proceeding with construction of the Joint Public Safety Facility and
that the closing of each Party's bond financing will necessarily require satisfaction of many pre-
requisites, which the Parties desire to identify in this Agreement in order to promote the timely
and orderly coordination of each Parry's efforts to facilitate closing of the bond financing and
commencement of construction; and,
WHEREAS, this Agreement is authorized pursuant to §29 -1 -201 and §30 -11 -101, Colorado
Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado Constitution.
NOW THEREFORE, in consideration of the covenants and mutual agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the Parties, the Parties hereto agree as follows:
Part 1— Construction of Joint Public Safety Facility
1. Recitals Incorporated. The Parties agree that the recitals stated above are hereby
incorporated into the terms of this Agreement.
2. Definitions.
a. Architect shall mean Davis Partnership Architects, P.C.
b. Change Order shall mean "Change Order" as defined in the Construction Contracts.
c. Common Elements shall mean any property which is part of the Property and not
included in Unit A or Unit B. Avon and Fire District shall each have non - exclusive
access and right to use and enjoy the Common Elements as defined in this Agreement.
d. Construction Contracts means all contracts entered into by Avon and the Fire District
related to the design and construction of the Joint Public Safety Facility, including but not
limited to, the agreement for architectural services with Davis Partnership Architects,
P.C. (AIA Document B101 -2007, dated May 18, 2015) and the agreement for
construction manager services (AIA Document A 133 -2009, dated July 15, 2016).
e. Construction 11an utr;er shall mean Evans Chaffee Construction Group.
f. Construction NlanWr Contract shall mean the AIA Document A133 -2009, AIA
Document A201 -2007, including any documents referenced therein, and any addendum,
Change Orders or amendments to such documents.
g. Coordinated Unit maintenance shall mean those elements of the individual Units which
should be repaired simultaneously, including but not limited to the exterior walls of the
Facility Structure. .
h. Effective Date shall mean the date stated in the first paragraph of this Agreement.
ERFPD -Avon ICA Ownership R Operation
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i. Facility Structure shall mean the Joint Public Safety Facility building occupying the
Property, but not including driveways, drive aprons, parking areas, retaining walls,
landscape and other portions of the Property outside of the footprint of the building as
construction, as is specifically described in Exhibit C: Joint Public Safety Facility Plat
attached to and made a part of this Agreement.
j. Property Closinh shall mean the date that the Fire District conveys an undivided interest
in the Property to the Town of Avon.
k. Pro er shall mean Lot 1B, Buck Creek Subdivision, Filing No. 2, Avon, Colorado,
dated July 15, 2016, and recorded on July 15, 2016 in the Eagle County Clerk and
Recorder's Office, Reception No. 201610880, with a physical address of 60 Buck Creek
Road, Avon, CO 81620.
1. Reconveyance Parcel shall mean the portion of Lot IA, Buck Creek Subdivision, Filing
No. 1, Avon, Colorado, in the amount of 4,479.00 square feet, more or less, as described
in the Memorandum of Agreement, Lot IA, Buck Creek Subdivision, Filing No. 1, dated
June 8, 2015, and recorded in the Eagle County Clerk and Recorder's Office, Reception
No. 2015 10241 ( "June 8, 2015 MOA ").
m. Unit shall mean the physical portion or individual air space of the Facility Structure and
Property designated for separate and exclusive use by a Party, the boundaries of which
are defined in Exhibit C: Joint Public Safety Facility Plat.
n. Work shall mean "Work" as defined in the Construction Contracts, as may be amended
from time to time.
3. Amendment and Replacement of Prior IGAs. The 2015 IGA, as defined in the
Recitals, is hereby amended and replaced in its entirety by this Agreement.
4. Conveyance of Real Property Interest.
a. Terms and Pre - Conditions. Fire District and Avon acknowledge that an undivided in
interest in the Property must be conveyed to Avon as a pre- requisite to Avon closing on
its Certificate of Participation financing.
b. Inclusion of Reconveyance Parcel. The Property shall include the Reconveyance
Parcel. Fire District agrees to diligently pursue conveyance of the Reconveyance Parcel
prior to the Property Closing in accordance with the terms of the June 8, 2015 MOA.
c. Subdivision Replat. The Parties acknowledge that a subdivision replat shall be required
to reflect the conveyance of the Reconveyance Parcel from Lot lA, Buck Creek
Subdivision, Filing No. 1, to Lot 1B. Fire District agrees to commission Gore Range
Surveying LLC, or other surveyor, to prepare a replat of Lots 1 A and 1 B to reflect the
conveyance of the Reconveyance Parcel to Lot 113 and agrees to provide an updated title
insurance commitment. The Town agrees to prepare other subdivision application
information and promptly review the subdivision application. Town agrees that it will
not charge the Fire District or Avon MOB LLC (the owner of Lot 1A, Buck Creek
ERFPD -Avon IGA Ownership & Operation
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Page 3 or 16
Subdivision, Filing No. 1) application fees or costs for the subdivision replat application.
Town anticipates that the subdivision application will be subject to administrative review
and approval.
d. Special Warranty Deed. The Fire District agrees to convey an undivided interest in the
Property to the Town of Avon in materially the same form as the special warranty
attached hereto as Exhibit A: Form of Special Warranty Deed, such that the Eagle
River Fire Protection District and the Town of Avon shall own the Property as a Tenancy
in Common with the Eagle River Fire Protection District owning a 55% undivided
interest and the Town of Avon owning a 45% undivided interest in the Property, subject
to the rights, obligations and terms of this Agreement, for such consideration and with
such credits as is defined in the 2015 IGA.
e. Extinguishment of Promissory Note. Simultaneously with the conveyance of the
undivided interest in the Property to the Town of Avon, Avon agrees that the Annual
Appropriation Note, dated June 8, 2015, shall be satisfied in full and shall be released and
terminated by Avon and the original of such Annual Appropriation Note shall be returned
to the Fire District. Avon agrees to pay the balance of the amount payable to the Fire
District for Avon's share of the costs of the Property which is now fixed at Eight
Hundred Fifty Two Thousand Forty Two and 23/100 Dollars (5852,042.33) after
application of the remaining balance of the Annual Appropriate Note to such fixed
amount.
5. Construction Financing. Avon and Fire District each represent to the other that each
Party is using best efforts to proceed to closing on each Party's respective financings on or about
July 28, 2016, in order to enable construction to commence on August 10, 2016, or as soon
thereafter as practicable. In the event financing for a party is not available by August 10, 2016,
such party shall notify the other party and such party may make arrangements for payments to
avoid or reduce delay in the commencement of the construction.
6. Waiver of Building Permit Fees. As summarized in Exhibit B, Avon agrees to waive
building permit planning review fees and the Fire District agrees to waive fire sprinkler fees, fire
alarm fees and fire impact fees related to the construction of the Facility Structure and Common
Elements on the Property.
7. Construction.
a. Cooperation. Each Party agrees to cooperate in good faith and coordinate with the other
Party to perform in a timely manner as the Owner in the Construction Contracts, and
further agrees to promptly notify the other Parry of any circumstance or situation which
may delay or affect the ability of such Party to perform in a timely manner as the Owner.
b. Apportionment of Costs. The apportionment of costs for construction of the Joint
Public Safety Facility, including but not limited to architectural services, pre - construction
management services, and the Construction Manager Contract and other related services
which arise from contracts entered into by both Avon and the Fire District, and the
apportionment of construction costs, including but not limited to the agreement foi-
architectural services which are based on Exhibit B: Apportioned Cost ( "Apportioned
ERFPD -Aeon IGA Ownership & Operation
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Cost ") with respect to various identified portions of the project until adjusted pursuant to
the terms of this Agreement, as may be amended from time to time.
c. Payment Responsibility. All Contracts to which this Agreement is applicable shall state
that Avon and the Fire District are each responsible and liable for payment and costs
under such Construction Contracts only to the extent of each Party's respective
Apportioned Cost, or other apportionment as may be mutually agreed, and that the Parties
are not jointly and severally liable for the entire cost of Construction Contracts.
d. Guaranteed Maximum Price. The Parties agree to review a Guaranteed Maximum
Price proposal from the Construction Manager in accordance with §2.2 of A133
Agreement with the Construction Manager. Provided that the Apportioned Cost of the
Guaranteed Maximum Price does not exceed the amount of funds each Party has
appropriated, each Party agrees that acceptance of the Guaranteed Maximum Price
proposal shall not be unreasonably withheld. The Parties may also agree to a Lump Sum
Contract with the Construction Manager.
e. Payments. The Parties each agree to receive, process and make payment in accordance
with the terms of the Construction Contracts, provided that each Party's payment shall be
in the amount of the Apportioned Cost. The Parties agree that the Construction Manager
Contract shall require the Construction Manager's pay applications to include a cover
sheet with a cost allocation of the portion of Work completed for each Party's portion of
the Joint Public Safety Facility. In the event either Party disputes a pay application or
requests additional information or testing, such Party shall promptly notify the other
Party.
L Change Orders. The Parties agree that the Construction Manager Contract shall require
the Constn>ction Manager to provide a cost allocation to each Party for every Change
Order and that every Change Order will require the signature of the Construction
Manager, the Architect, Town of Avon and Eagle River Fire Protection District. The
Party not requesting a Change Order may object to a Change Order requested by the
other Party if (1) such Change Order increases cost of construction or projected operation
and maintenance costs for the non - requesting Party, (2) the Change Order would result in
delay of the completion of construction, or (3) the Changer Order would adversely affect
the programming for the non - requesting Party; otherwise, each Party's approval and
signature of Changes Orders shall not be unreasonably withheld or delayed.
g. Adjustment to Apportionment of Costs. The Parties agree that the Apportioned Cost
shall be adjusted when the actual designs for the Joint Public Safety Facility indicate a
different square footage and different ratio of shared space, police department and fire
department space. Such adjustment shall be applied to work performed from the date of
adoption of a replacement Exhibit B -(x): Apportioned Cost, unless another method of
allocation is mutually determined appropriate. The updated replacement Exhibit B -(x):
Apportioned Cost shall automatically replace and supersede any previously adopted
Exhibit B -(x): Apportioned Cost and shall automatically become a part of this
Agreement. Any updated replacement Exhibit B -(x): Apportioned Cost shall be
numbered sequentially to denote the most updated version (e.g. B -1, B -2). The Parties
agree to work cooperatively in good faith to consider the equitable allocation of cost to
ERFPD -Avon IGA Ownership & Operation
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each Party for any change in the design, which may be based on square footage as
depicted in Exhibit B -1: Apportioned Cost or may be based on another method or
formula as mutually determined appropriate to achieve the purpose of this Agreement.
The Parties agree that any additional cost resulting from a Change Order or amendment
to any Construction Contracts which is requested by, and which primarily concerns, one
Party shall be paid for by such Party and shall not change or affect the Apportioned Cost
for the remainder of the Construction Contracts unless the Parties mutually agree that
another method or formula is appropriate.
h. Utilities. In the event that any utilities must be ordered or installed prior to the
preparation of a Facility Management Plan, the Parties agree to meet and determine in
writing the cost allocation, account holder, and other matters related to such utility which
shall then become incorporated into the Facility Management Plan.
i. Final Payment. Each Party shall follow and complete all applicable requirements,
including publication of Notice of Final Payment, before making final payment to the
Construction Manager for its portion of the cost of the Joint Public Safety Facility.
S. Warranties. The Parties agree to share information, promptly review and coordinate a
demand to correct any Work pursuant to warranty provisions in the Construction Contracts.
9. Termination of Tenancy and Vacation of the Wildridge Station. Avon may terminate
the District's tenancy of the Wildridge Fire Station 90 days after the earlier to occur of Avon
issuing a Temporary Certificate of Occupancy or issuing a Final Certificate of Occupancy to the
District for the Regional Avon Fire Station. The Parties agree that this Agreement and the
issuance of Temporary Certificate of Occupancy or Final Certificate shall serve as all required
legal notice. The District agrees to remove all personal property from the premises not owned by
the Avon and to clean the premises to commercial reasonable standards prior to vacating the
premises.
10. Termination of Lease and Vacation of the Avon Fire Station. Avon may terminate its
existing lease with the District for the Avon Fire Station District 90 days after the earlier to occur
of Avon issuing a Temporary Certificate of Occupancy or issuing a Final Certificate of
Occupancy to the District for the Regional Avon Fire Station. The Parties agree that this
Agreement and the issuance of Temporary Certificate of Occupancy or Final Certificate shall
serve as all required notice under the applicable lease. The District agrees to remove all personal
property from the premises not owned by the Avon and to clean the premises to commercial
reasonable standards prior to vacating the premises.
Part ? — Use and Occupancy of Joint Public Safety Facility
11. Use and Occupancy of Units.
a. Unit Description. The Facility Structure is divided in to Unit A, Unit B, and Common
Elements, as described in Exhibit C: Joint Public Safety Facility Plat. The Parties
agree that upon completion of construction a revised Joint Public Safety Facility Plat
shall be prepared, executed and recorded in the Eagle County Clerk and Recorder's
Office.
ERFPD Avon IGA Ownership & Operation
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b. Use and Occupancy of Units. The Fire District (including its lessees, assigns and
tenants) shall have the exclusive use and enjoyment of Unit A and Avon (including its
lessees, assigns and tenants) shall have the exclusive use and enjoyment of Unit B,
subject to the terms of the Agreement. Each Party's rights include the right to access the
Unit, the right to use, access and enjoy the Common Elements, subject to the terms of this
Agreement. The use of each Unit shall be incompliance with the Public Facility zone
district regulations of the Town of Avon and other applicable local, state and federal
regulations.
c. Partition of Units. No Party may partition, subdivide or in any manner divide a Unit
into two or more units without the approval of the other Party, which may be granted or
withheld in such Party's sole discretion, and which shall be subject to approval by the
Town of Avon in accordance with the Town's development, land use, building and other
applicable regulations.
d. Lease or Sublet. Each Party shall have the right to lease or sublet all or any portion of
the Party's assigned Unit provided that the use of such Unit is (1) in compliance with the
terms of this Agreement, (2) in compliance with applicable local, state and federal
regulations, and (3) is incompliance with the terms of any financing that creates an
encumbrance on the Unit. Each Party shall remain responsible for any loss, damage or
destruction which occurs during any such lease or sublet period as if such Party were
occupying the assigned Unit. Nothing herein shall limit the ability of such Party from
asserting claims against such tenants or other third parties who may be responsible to the
Party leasing or subletting an assigned Unit. Notwithstanding the foregoing, no Party
may lease or sublet any portion of its assigned Unit to an entity that is not a local
government without receiving an opinion of bond or special counsel to the effect that
such lease or sublease will not affect the tax - exempt status of any financing currently
outstanding relating to the Joint Public Safety Facility.
12. Operation and Maintenance.
a. No Impairment of Structural Soundness. Neither Party shall perform or permit any act
or work that would impair the structural soundness or integrity of the Facility Structure or
impair an easement, utility or Common Element.
b. Facility Management Plan. The Parties agree to prepare a Facility Management Plan on
or before July 1, 2017, which Facility Management Plan will address the operation,
maintenance, repair and replacement of the Common Elements and Coordinated Unit
Maintenance. The Parties agree to meet on an annual basis to review and update the
Facility Management Plan. The Facility Management Plan may address any aspect of the
operation, maintenance, repair and replacement of the Common Elements and
Coordinated Unit Maintenance and may include agreements to establish funds for
operation and maintenance and capital reserve funds for replacement, and the payment of
invoices based on the Apportioned Costs. The Facility Management Plan shall include
the following elements:
i. Maintenance and Repair of Unit. Each Party agrees to maintain and repair its Unit
as may be reasonably necessary to prevent damage to the other Unit.
ERFPD -Avon IGA Ownership & Operation
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ii. Payment. Each Party shall agree to make payment within thirty (30) days of receipt
of an invoice for an operation, maintenance, repair or replacement expense that is
divided between the Parties per the Apportioned Cost, unless the Parties mutually
agree to a different timeframe in the Facilities Management Plan.
iii. General Maintenance, Repair and Replacement. For any Common Elements the
Parties agree that all improvements shall be maintained, promptly repaired, and
replaced when deteriorated beyond repair. The Parties shall consult and mutually
agree on the timing, scope and budgeting of maintenance, repairs and replacement.
The Parties agree to coordinate contracts for services as may be efficient and cost
effective, including but not limited to: janitorial services, trash/recycling, and elevator
maintenance and inspections. The Parties agree that damage or breakage which
negatively impacts the use of a Unit or has the potential to result in additional damage
to a Unit if not corrected shall be repaired or addressed as soon as practical.
iv. Utilities. The Facilities Management Plan shall address all utility services for the
Property, including defining portions of service lines which may be Common
Elements, the use of metered service, the Party or Parties that may hold the utility
service in its name, the methodology for apportioning utility charges, fees and costs,
and such other matters that are appropriate. Utilities shall include, but not be limited
to: water, sewer, natural gas, electric, electric, telephone, and internet.
c. Insurance. The Parties agree to carry building insurance coverage for the Joint Public
Safety Facility through either CIRSA or VFIS or other District insurer, whichever
coverage is most comprehensive and reasonable in cost, in an amount that is not less than
the full insurable replacement cost of the insured property less applicable deductibles at
the time the insurance is purchased and at each renewal. Such coverage shall include
property insurance on the Common Elements in an amount that is not less than the full
insurable replacement cost of the Common Elements less applicable deductibles at the
time the insurance is purchased and at each renewal, including general liability insurance
on the Common Elements in the amount of at least $1,000,000 per occurrence and
$1,000,000 aggregate. If this coverage is provided through CIRSA, the Fire District shall
be named as an Additional Insured; if the coverage is provided through VFIS or other
District insurer, Avon shall be named as an Additional Insured. The cost of all of the
aforementioned insurance coverage shall be divided between the Parties based upon the
Apportioned Cost. Additionally, if any portion of the property is encumbered by a lease
purchase financing, any insurance with respect to property encumbered by such lease
purchase financing shall name the trustee or similar party as an Additional Insured if so
required by the lease purchase financing.
13. Additions, Expansions and Remodels.
a. Additions and Expansions. Any proposed addition or expansion by a Party shall be
subject to review and approval of the other Party within thirty (30) days of receipt of a
complete set of plans unless the reviewing Party requests a reasonable amount of
additional time for review, which approval shall not be unreasonably withheld.
ERFPD -Avon IGA Ownership & Operation
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b. Remodels. Each Party shall have the right to redecorate, remodel or reconstruct the
interior of such Party's assigned Unit, provided that no reconstruction, redecoration or
remodeling shall be made without prior written consent of the other Party if it would
affect structural members, Common Elements, or the exterior appearance of the Facility
Structure, Each Party is responsible for securing all required governmental plan and
permit approvals.
c. Lease Financings. Any additions, expansions or remodels to any portion of the property
which is encumbered by a lease purchase financing shall become part of the leased
property as such term is defined in any lease documents if so provided in the lease
documents.
14. Mechanics Liens. Subsequent to completion of the Facility Structure, no labor
performed or materials furnished and incorporated into a Unit with the consent or request of the
Unit owner shall be the basis for filing of a lien against the other Unit or the Common Elements,
except as to the undivided interest of the Unit for which such labor or materials shall have been
furnished.
15. Encumbrances. Each Party shall have the right to subject the respective Party's Unit
interest to encumbrances as may be reasonably required to use such Unit as a security interest for
lease purchase financing, including but not limited to certificate of participation financing,
subject to the following limitation and terms:
a. The Party seeking to subject its Unit to an encumbrance for financing purposes shall
provide written notice to the other Party at least forty-five (45) days in advance of the
closing on the financing.
b. The Party seeking financing shall provide copies of all financing documents to the other
Party upon receipt of written request. Such copies shall be provided with a reasonable
time for review, which shall not be less than five (5) business days.
c. The terms of financing shall incorporate and be subject to the Right of First Refusal set
forth in Section 16 below.
d. Sections (a) and (b) above shall not apply to the lease purchase financing entered into by
Avon in order to provide funds to finance the initial acquisition and construction of the
Joint Public Safety Facility.
16. Sale or Disposition — Right of First Refusal. Each Party shall have a Right of First
Refusal ( "ROFR ") on the sale or disposition of the other Party's undivided property interest.
The transferring Party ( "Transferring Party ") shall not transfer, assign, gift, sell, encumber or
otherwise dispose (collectively "Transfer ") its undivided interest in the Property unless the
Transferring Party complies in all respects with the provisions of this Section 16 and its sub-
sections.
a. Notice of a Bona Fide Offer. In the event that the Transferring Party desires to Transfer
its undivided interest, or any portion thereof, in the Property to any third party
( "Intended Transferee "), then the Transferring Party shall give to the other Party ("
ERFPD -won IGA Ownership & Operation
FINAL July 21, 2016
Page 9 of 16
Non- Transferring Party ") the first right to acquire such property interest on essentially
the same written terms as agreed by such Intended Transferee. The Transferring Party
shall first provide a written notice to the Non - Transferring Party of its intent to transfer
its undivided interest in the Property, and shall include the written agreement between the
Transferring Parry and the Intended Transferee that includes all details of the proposed
transfer, including description of property to be transferred, amount of consideration and
any terms for payment, form of deed, title exceptions, closing date, and any
contingencies.
b. ,=Acceptance ofROFR. The Non - Transferring Party may elect to exercise the ROFR by
tendering written notice on or before the ninetieth (90 ) day after the date of receipt of
the written notice and a complete written agreement defining terms for the transfer of a
property interest. For the purpose of calculating the timeliness of Non - Transferring
Party's written notice to elect to exercise the ROFR, if the last day for such notice is on a
Saturday, Sunday or legal holiday, then the last day for Non - Transferring Party to
provide notice shall be the next business day.
c. Transfer Ternrs. For the purposes of this Section 16, the term "Transfer Terms" shall
mean: (i) in the case of sale, the price at which and the terms on which the Transferring
Party desires to sell its interest in the Property to the Intended Transferee (provided
however, if such terms and conditions include non -price terms not acceptable to the Non -
Transferring Party, the Non - Transferring Party may elect to pay cash equivalents in case
at the closing); and (ii) in the case of any Transfer other than a sale, a price equal to the
fair market value of the interest in the Property, or portion thereof, to be transferred, as
determined by a real estate appraiser selected by mutual agreement of the Parties. If the
Parties are not able to mutually select an appraiser, then the Parties shall each select one
appraiser and the selected appraisers shall select a third appraiser who shall determine the
fair market value of the interest in the Property, or portion thereof, to be transferred.
d. Property Closing. Notwithstanding the schedule stated in any written agreement
executed by the Transferring Party to transfer such Party's interest, or any portion
thereof, in the Property to an Intended Transferee, the Non - Transferring Party shall have
the right to close on the transfer of the Property, or portion thereof, on a date not sooner
than one hundred and eighty (180) days after the date of providing written notice of
election to exercise the ROFR. For the purpose of calculating the last date for closing
hereunder, if the 180 °i day is on a Saturday, Sunday or legal holiday, then the last day for
the Non - Transferring Party to close shall be the next business day.
e. Disclosure of ROFR. Each Party agrees to disclose this ROFR and reference this
Agreement and specifically the ROFR set forth in this Section 16 in any agreement to
transfer its undivided interest in the Property, or any portion thereof.
f. Lease Purchase or Certificate o Participation Financings. In the event that any portion
of the Joint Public Safety Facility is encumbered by a lease purchase financing or
certificate of participation financing, the lease or financing documents shall provide that
the Non - Transferring Party is entitled to the ROFR. This section shall apply only in the
event that no event of default or event of non - appropriation (as such terms may be
defined in a lease purchase financing or certificate of participation financing) shall have
ERFPD -Aron IGA Ownership & Operation
FINAL July 21, 2016
Page 10 of 16
occurred or be continuing. If such event of non- appropriation or event of default has
occurred, Section 17 below shall apply.
g. Tax Exempt Status of Finajtcin;s. Notwithstanding the above, no sale or disposition of
either Party's interest in the Joint Public Safety Facility shall occur if such transfer
would, in the opinion of bond or special counsel, affect the tax - exempt status of any
financing currently outstanding relating to the Joint Public Safety Facility.
17. Default, Right to Cure. In the event either Party should default by failing to budget and
appropriate the fiends necessary to make all payments due under any form of certificates of
participation or lease purchase financing, the non - defaulting Party is hereby granted the right to
cure any such default by payment or payments to the Lessee or the Trustee during the remaining
term of the certificates of participation. In the event the non - defaulting Party pays the remaining
obligation in full, the non - defaulting Party shall receive the property interest used for security
which may be fee title or the remaining term of lease hold interest in the Joint Public Safety
Facility under the terms of the certificates of participation or lease purchase financing from the
record owner of such interest, either Avon, the Fire District or a Trustee for any certificates of
participation or lease purchase financing. The property interest received by the non - defaulting
Party or any successor, assignee or lessee of the non - defaulting Party shall be subject to the
terms and provisions of this Agreement and any amendments thereto approved by the Parties, as
well as the ternis and provisions of any Facilities Management Plan then in effect. This Right to
Cure shall be separate and distinct from any ROFR set forth in Section 16.
18. Default, Remedies.
a. De ault. A "breach" or "default" shall be defined as a failure to timely fulfill or perfonn
a material obligation of this Agreement.
b. Notice of Default. In the event of a default by a Party, the non - defaulting Party shall
deliver written notice to the defaulting Party of such default, at the address specified for
notices, and the defaulting Party shall have thirty (30) days from and after receipt of such
notice to cure such default. If such default is not of a type which can be cured within
such 30 -day period and the defaulting Party gives written notice to the non - defaulting
Party within such 30 -day period that it is actively and diligently pursuing such cure, the
defaulting Party shall have a reasonable period of time (not to exceed an additional one
hundred fifty (150) additional days) given the nature of the default following the end of
such 30 -day period to cure such default, provided that such defaulting Party is at all times
within such additional time period actively and diligently pursuing such cure.
c. Remedies. In the event the default is not cured, the non - defaulting Party shall have the
right to enforce the defaulting Party's obligations by an action for any equitable remedy
and/or action to recover damages. Each remedy is cumulative and in addition to every
other remedy provided for in this Agreement, or otherwise existing in law, inequity or by
statute. Any remedy available under this Agreement shall be subject to the provisions of
any lease purchase financing agreements or certificate of participation agreements which
C.
may be outstanding related to the Joint Public Safety Facility.
Part 3 — General Terms
ERFPD -Avon IGA Ownership & Operation
FINAL Jule 21, 2016
Page l i of 16
19. Miscellaneous.
a. Term. This Agreement shall continue in perpetuity until amended or terminated by
mutual written agreement of the Parties.
b. Tax Exempt Status of Financings; The Parties agree that neither Party shall take any
action, or omit to take any action, that would affect the tax status of its respective
financings which were utilized to finance the Joint Public Safety Facility project.
c. Nonappropriation of any Lease. Nothing herein shall create any obligation of either
Party to renew any lease beyond its then current fiscal year as provide in any financing
documents relating to such lease financing.
d. Runs Nvith the Land. This Agreement shall be recorded in the Clerk and Recorder's
Office for Eagle County, Colorado. The provisions of this Agreement shall constitute
covenants and servitudes that touch, attach to and n1n with the land comprising the
Property and, the burdens and benefits of this Agreement shall bind and inure to the
benefit of all estates and interest in the Property and all successors in interest to the
Parties.
e. No Third Party Beneficiaries. Nothing herein expressed or implied is intended or
should be construed to confer or give to any person or corporation or governmental entity
other than the Fire District and the Town, any right, remedy or claim under or by reason
hereof or by reason of any covenant or condition herein contained, nor limit in any way
the powers and responsibilities of the Town, the Fire District, or any other entity not a
party hereto.
Severability. If any portion of this Intergovernmental Agreement is held invalid or
unenforceable for any reason by a court of competent jurisdiction as to either Party or as
to both Parties, such portion shall be deemed severable and its invalidity or its
unenforceability shall not affect the remaining provisions; such remaining provisions
shall be fully severable and this Agreement shall be construed and enforced as if such
invalid provisions had never been inserted into this Agreement.
g. Amendments. This Agreement may be amended from time to time by a written
agreement duly authorized and executed by both Parties to this Agreement; provided,
however, that any amendment hereto shall not, in the opinion of bond or special counsel,
affect the tax - exempt status of any obligation utilized by either Party to finance or re-
finance the Joint Public Safety Facility.
h. Survival of Terms. The Parties understand and agree that all terms and conditions of the
Agreement that require continued performance, compliance, or affect beyond the
termination date of the Agreement shall survive such termination date and shall be
enforceable in the event of a failure to perform or comply.
i. Assignment. The Parties agree that neither Party hereto can assign this Agreement, or
any right or obligation contained herein, to another party without the express written
consent of the other Party and any attempt to do so shall be void and ineffective, with the
E12FPD -Avon IGA Ownership & Operation
FINAL July 21, 2016
Page 12 of 16
exception that this sub - section shall not restrict a Party's ability to encumber that Party's
Unit and pledge the Unit for security in accordance with Section 15. Encumbrances.
j. Complete Agreement. This Agreement represents the full and complete understanding
of the Parties, and supersedes any prior agreements, discussions, negotiations,
representations or understandings of the Parties with respect to the subject matter
contained herein.
k. Governing Law, Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Colorado. Venue for any District Court action
shall be in Eagle County, Colorado.
1. Indemnification. Avon, its officers and employees, shall not be deemed to assume any
liability for intentional or negligent acts, errors, or omissions of the Fire District or of any
officer or employee thereof. Likewise, the Fire District, its officers and employees, shall
not be deemed to assume any liability for intentional or negligent acts, errors or
omissions of Avon or by any officer or employee thereof. Avon agrees to indemnify,
defend and hold harmless to the extent allowed by law, the Fire District, its respective
agents, officers, servants and employees of and from any and all loss, costs, damage,
injury, liability, claims, liens, demands, action and causes of action whatsoever, arising
out of or related to the Avon's intentional or negligent acts, errors or omissions or that of
its- agents, officers, servants, and employees, whether contractual or otherwise. Likewise,
the Fire District agrees to indemnify, defend and hold harmless to the extent allowed by
law, Avon, its respective agents, officers, servants and employees of and from any and all
loss, costs, damage, injury, liability, claims, liens, demands, action and causes of action
whatsoever arising out of or related to the Fire District's intentional or negligent acts,
errors or omissions or that of its agents, officers, servants and employees, whether
contractual or otherwise.
m. No Waiver of Governmental Immunity. Nothing in this Agreement shall be construed
to waive, limit, or otherwise modify any governmental immunity that may be available
by law to either Party, its officials, employees, contractors, or agents, or any other person
acting on behalf of a Party and, in particular, governmental immunity afforded or
available pursuant to the Colorado Governmental Immunity Act, Title 24, Article 10, Part
I of the Colorado Revised Statutes.
n. Notices. All notices, requests, demands, consents and other communications hereunder
shall be transmitted in writing and shall be deemed to have been duly given when hand -
delivered or sent by certified, United States mail, postage prepaid, with return receipt
requested, or sent via electronic transmission provided that such transmission is
acknowledged by the receiving Party, addressed to the Parties as follows:
TO ERFPD:
The Eagle River Fire Protection District
351 Benchmark Road
ERFPD -Avon IGA Ownership & Operation
FINAL July Z1, 2016
Page 13 of 16
Post Office Box 7980
Avon, CO 81620
Attn: Fire District Chief
E -Mail: kbauer @eagleriverfire.org
with copy to:
James P. Collins
Collins, Cockrel & Cole
390 Union Boulevard, Suite 400
Denver, CO 80228 -1556
E -Mail: jcollins@cccfirm.com
TO AVON:
Town of Avon
One Lake Street
Post Office Box 975
Avon, CO 81620
Attn: Town Manager
E -Mail: veggcr @avon.org
with copy to:
Avon Town Attorney
One Lake Street
Post Office Box 975
Avon, CO 81620
E -Mail: eric@heillaw.com
[EXECUTIOJYPAGE FOLLOWS]
ERFPD -Aeon IGA Ownership & Operation
FINAL July 21, 2016
Page 14 of 16
EXECUTED as of the date first written above.
TOWN OF AVON, COLORADO
BY:
Jennie Fancher, Mayor
APPROVED AS TO FORM:
�o
O
Eric J. He' q., Avon Town Attorney
ERFPD -Avon IGA Ownership & Operation
FINAL July 21, 2016
Page 15 of 16
ATTEST:
pj�-Y-1 4nnO52- -
Debbie Hoppe: To n Clerk
C
EXECUTED as of the date first written above.
EAGLE RIVER FIRE PROTECTION DISTRIC
BY:
Clint Janssen, Chairperson
AS TO F
James P. Collins,
ERFPD -Avon IGA Ownership & Operation
FINAL July 21, 2016
Page 16 of 16
EXHIBIT A: FORM OF SPECIAL WARRANTY DEED
After Recording, Return to:
Town of Avon No Documentary Fee Required
P.O. Box 975 Pursuant to §39- 13- 104(1)(a), C.R.S.
Avon, Colorado 81620
Attn: Town Clerk
SPECIAL WARRANTY DEED
[STATUTORY FORM — C.R.S. § 38 -30 -115]
EAGLE RIVER FIRE PROTECTION DISTRICT, a quasi- municipal corporation of the State
of Colorado ( "Grantor "), whose street address is White River Center, 90 Benchmark Road, Suite 101,
Avon, Colorado 81620, County of Eagle, for the consideration of EIGHT HUNDRED FIFTY TWO
THOUSAND FORTY TWO AND 33/100 DOLLARS ($852,042.33) and other good and valuable
consideration (in hand paid as follows: $574,391.15 credit for extinguishment of an Eagle River Fire
Protection District Annual Appropriation Note to the Town of Avon, dated June 8, 2015, as defined in the
Intergovernmental Agreement for a Joint Fire- Police Station Facility between the Town of Avon and the
Eagle River Fire Protection District, dated April 28, 2015, for Temporary Financing as defined in such
agreement and $277,651.18 cash) hereby sells and conveys to THE TOWN OF AVON, a home rule
municipal corporation of the State of Colorado ( "Grantee "), whose address is P.O. Box 975, One Lake
Street, Avon, Colorado 81620, County of Eagle, an undivided 45% interest in Lot 1B, Buck Creek
Subdivision, Filing No. 2, County of Eagle, Town of Avon, Colorado ( "Property "), such that the Eagle
River Fire Protection District and the Town of Avon shall own the Property as a Tenancy in Common
with the Eagle River Fire Protection District owning a 55% undivided interest and the Town of Avon
owning a 45% undivided interest in the Property, subject to the rights, obligations and terms of the
INTERGOVERNMENTAL AGREEMENT BETWEEN THE EAGLE RIVER FIRE PROTECTION
DISTRICT AND THE TOWN OF AVON CONCERNING THE CONSTRUCTION, OCCUPANCY,
OPERATION AND MAINTENANCE OF THE AVON JOINT PUBLIC SAFETY FACILITY, as may
be amended from time to time, and attached hereto as Exhibit A.
TO HAVE AND TO HOLD the said premises above bargained and described with the
appurtenances, unto Grantee, and Grantee's heirs, successors and assigns forever. Grantor, for itself and
its heirs, successors and assigns, does covenant and agree that Grantor shall and will WARRANT AND
FOREVER DEFEND the above bargained premises in the quiet and peaceable possession of Grantee, and
Grantee's heirs, successors and assigns, against all and every person or persons claiming the whole or any
part thereof, by, through or under Grantor, subject to the matters set forth on Exhibit B attached hereto
and made a part hereof.
EAGLE RIVER FIRE PROTECTION DISTRICT
BE
Karl Bauer, General Manager and Fire Chief
STATE OF COLORADO )
) ss:
COUNTY OF EAGLE )
The foregoing instrument was acknowledged before me on July 21, 2016, by Karl Bauer as General
Manager and Fire Chief of the Board of Directors of the Eagle River Fire Protection District.
Witness my hand and official seal. My commission expires:
Notary Public
(00522221.DOCX /)
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EXHIBIT B TO
SPECIAL WARRANTY DEED
1. (A) UNPATENTED MINING CLAIMS; (B) RESERVATIONS OR EXCEPTIONS IN
PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; (C) WATER
RIGHTS, CLAIMS OR TITLE TO WATER.
2. EXISTING LEASES AND TENANCIES
3. RIGHT OF PROPRIETOR OF A VEIN OR LODE TO EXTRACT AND REMOVE HIS
ORE THEREFROM SHOULD THE SAME BE FOUND TO PENETRATE OR INTERSECT
THE PREMISES AS RESERVED IN UNITED STATES PATENT RECORDED MARCH 13,
1885, IN BOOK 408 AT PAGE 389.
4. RIGHT OF WAY FOR DITCHES OR CANALS CONSTRUCTED BY THE
AUTHORITY OF THE UNITED STATES AS RESERVED IN UNITED STATES PATENT
RECORDED MARCH 13, 1885, IN BOOK 408 AT PAGE 389.
5. RESTRICTIONS, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF
ANY, BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION,
FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL
ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE
STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR
RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN
INSTRUMENT RECORDED JUNE 29, 1979, IN BOOK 287 AT PAGE 548.
RELEASED IN PART AS TO MEDICAL/DENTAL CLINIC OFFICES AS
REFLECTED IN THE INSTRUMENT RECORDED APRIL 23, 2015 AT RECEPTION NO.
201506742.
6. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR
REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY,
BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL
STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN,
ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR
RESTRICTION IS PERMITTED BY APPLICABLE LAW AS CONTAINED IN
INSTRUMENT RECORDED APRIL 07, 1975, IN BOOK 239 AT PAGE 249, AS AMENDED
BY INSTRUMENT RECORDED JULY 19, 1979, IN BOOK 288 AT PAGE 567 AND AS
AMENDED IN INSTRUMENT RECORDED APRIL 23, 1985, IN BOOK 411 AT PAGE 960
AND AMENDMENT RECORDED FEBRUARY 7, 1990, IN BOOK 522 AT PAGE 721.
7. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS
AND NOTES ON THE PLAT OF BUCK CREEK PUD RECORDED DECEMBER 30, 2009
UNDER RECEPTION NO. 200927819.
8. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR
REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY,
BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL
STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN,
ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
{00522235.DOCX /}
EXHIBIT B TO
SPECIAL WARRANTY DEED
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR
RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN
INSTRUMENT RECORDED DECEMBER 30, 2009, UNDER RECEPTION NO. 200927821.
9. TERMS, CONDITIONS AND PROVISIONS OF TOWN OF AVON ORDINANCE 09-
08 RECORDED DECEMBER 30, 2009 AT RECEPTION NO. 200927820.
CONDITIONAL, REZONING IN CONNECTION THEREWITH RECORDED MAY
13, 2015, UNDER RECEPTION NO. 201508413.
10. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN TRENCH, CONDUIT,
AND VAULT AGREEMENT RECORDED AUGUST 16, 2010, UNDER RECEPTION NO.
201015937.
11. TERMS, CONDITIONS, AND PROVISIONS CONTAINED IN TRENCH, CONDUIT,
AND VAULT AGREEMENT RECORDED NOVEMBER 17, 2010, UNDER RECEPTION
NO. 201023357.
12. RESTRICTIVE COVENANTS, WHICH DO NOT CONTAIN A FORFEITURE OR
REVERTER CLAUSE, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY,
BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL
STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN,
ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR
FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR
RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS CONTAINED IN
INSTRUMENT RECORDED JUNE 15, 2015, UNDER RECEPTION NO. 201510805.
13. TERMS, CONDITIONS, PROVISIONS, BURDENS, OBLIGATIONS AND
EASEMENTS AS SET FORTH AND GRANTED IN TRENCH, CONDUIT, AND VAULT
AGREEMENT RECORDED DECEMBER 08, 2015 UNDER RECEPTION NO. 201522840.
14. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS
AND NOTES ON THE PLAT OF BUCK CREEK SUBDIVISION FILING NO. 2 RECORDED
JUNE 15, 2016, UNDER RECEPTION NO. 201610880.
{00522235.DOCX /}