TC Ord. No. 2016-17 Amending the First Amendment to Ground Lease on Tract P, Benchmark at Beaver CreekAvon
COLORADO
TOWN OF AVON, COLORADO
ORDINANCE NO. 16 -17
AMENDING THE FIRST AMENDMENT TO GROUND LEASE ON TRACT P,
BENCHMARK AT BEAVER CREEK, AVON, COLORADO
WHEREAS, the Avon Home Rule Charter and Colorado Revised Statute Section 31 -15-
713(1)(,) authorizes the Town Council to lease property for a period of more than one year by
ordinance; and
WHEREAS, the Town of Avon and the Upper Eagle Regional Water Authority entered into
a Ground Lease dated April 30, 1985, which provided a 99 year ground lease for a portion of
Tract P, Benchmark at Beaver Creek, Avon, CO ( "Ground Lease "); and,
WHEREAS, the Upper Eagle Regional Water Authority desires to expand the area of the
Ground Lease to include adjacent areas;
WHEREAS, the Avon Town Council finds that approval of the First Amendment to Ground
Lease will promote the efficient and secure provision of drinking water to the Avon community
and will thereby promote the health, safety and general welfare of the Avon community; and,
WHEREAS, approval of this Ordinance on First Reading is intended only to confirm that
the Town Council desires to comply with the requirements of the Avon Home Rule Charter by
setting a public hearing in order to provide the public an opportunity to present testimony and
evidence regarding this Ordinance and that approval of this Ordinance on First Reading does not
constitute a representation that the Town Council, or any member of the Town Council, supports,
approves, rejects, or denies this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO the following:
Section 1. Recitals Incorporated. The above and foregoing recitals are incorporated herein
by reference and adopted as findings and determinations of the Town Council.
Section 2. Amended Lease Authorized. The Town Council hereby approves the First
Amendment to the Ground Lease attached hereto as Exhibit A and further authorizes the Mayor
and Town Clerk to execute the First Amendment to Ground Lease.
Section 3. Severability. If any provision of this Ordinance, or the application of such
provision to any person or circumstance, is for any reason held to be invalid, such invalidity shall
not affect other provisions or applications of this Ordinance which can be given effect without
the invalid provision or application, and to this end the provisions of this Ordinance are declared
to be severable. The Town Council hereby declares that it would have passed this Ordinance and
each provision thereof, even though any one of the provisions might be declared unconstitutional
Ord 16 -17 Amending Ground Lease for Avon Water Treatment Plant
FINAL READING— September 13, 2016
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or invalid. As used in this Section, the term "provision" means and includes any part, division,
subdivision, section, subsection, sentence, clause or phrase; the term "application" means and
includes an application of an ordinance or any part thereof, whether considered or construed
alone or together with another ordinance or ordinances, or part thereof, of the Town.
Section 4. Effective Date. This Ordinance shall take effect thirty (30) days after the date of
final passage in accordance with Section 6.4 of the Avon Home Rule Charter.
Section 5. Safety Clause. The Town Council hereby finds, determines and declares that this
Ordinance is promulgated under the general police power of the Town of Avon, that it is
promulgated for the health, safety and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The Town Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained.
Section 6. Publication. The Town Clerk is ordered to publish this Ordinance in accordance
with Chapter 1.16 of the Avon Municipal Code.
INTRODUCED AND ADOPTED ON FIRST READING AND REFERRED TO PUBLIC
HEARING on August 9, 2016 and setting such public hearing for September 13, 2016 at the
Coun i Chambers of e Avon Municipal Building, located at One Lake Street, Avon, Colorado.
BY: � ATTESTS
Jennie ancher, Mayor Debbie Hoppe, Town derk
AD ED ON SECOND AND FINAL READING on September 13, 2016.
BY ATTEST:
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C AWN OF, 16
ie Fancher, Mayor Debbie Hoppe, Town Clerk
APP D A :• S E A
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ric J. H own Attorney •••
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Ord 16 -17 Amending Ground Lease for Avon Water Treatment Plant
FINAL READING —September 13, 2016
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