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05-25-2007 WELLS FARGO BANK STONE CREEK ELEMENTARY SCHOOL WAIVER OF OWNER LESSOR (FIXTURES)AVON C O L O R A D O Post Office Box 975 400 Benchmark Road Avon... a smoke free community Avon, Colorado 81620 970-748-4000 970-949-9139 Fax Relay recognized www. a iron. o rg MEMORANDUM TO: Mike Roman, Wells Fargo Bank, N.A. FROM: Patty McKenny, Town Clerk, Town of Avon cc: Cynthia Forstmann, Stone Creek Elementary School Kevin Randel, Stone Creek Elementary School RE: Stone Creek Elementary School - Waiver of Owner/Lessor (Fixtures) DATE: May 25, 2007 Please find enclosed two (2) originals of the above referenced document. Upon execution, please return one original to the address below: Patty McKenny, . Avon Town Clerk PO Box 975 Avon, CO 81620 Any further questions, please contact me at 748-4035. Thank you. Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION MAC C7300-079 1700 Lincoln Street, 7th Floor Denver, CO 80203-4500 Attn: Mike Roman WAIVER OF OWNER/LESSOR (FIXTURES) This Agreement is made and entered into as of May 0, 2007, by and between WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank") and Town of Avon, Colorado (hereinafter, "Fee Owner"). 1. Fee Owner hereby consents to the security interest heretofore, now or hereafter to be granted to Bank by Stone Creek Elementary, a Colorado nonprofit corporation in the following described equipment (the "Modulars"): 18,200 square foot modular complex sold by Nortex Modular Leasing and Construction Company now or at any time hereafter affixed to or installed or kept on or at that certain real property owned by Fee Owner in Avon, Colorado, the legal description of which is set forth on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). 2. Fee Owner agrees that the Modulars are and shall at all times remain personal property even though they may be affixed to or installed or resting upon the Property. 3. Fee Owner hereby waives all right, title, claim or interest in or to the Modulars by reason of the Modulars being attached to or installed or resting upon the Property and hereby grants to Bank the right and license to enter onto the Property to take possession of the Modulars and to remove the Modulars therefrom at any reasonable time. Fee Owner confirms that Fee Owner has not received notice from any person or entity other than Bank of any claim of right, title or interest in or to any of the Modulars other than that certain Verified Statement of Claim Pursuant to CRS 38-26-106, dated December 27, 2006, noticed by Summit Plumbing and Heating LLC. 4. Fee Owner agrees that, notwithstanding any failure by Stone Creek Elementary to perform under, or the termination of, of that certain Stone Creek Elementary School Lease between Town of Avon and Stone Creek Elementary, dated as of June 13, 2006, as amended, Fee Owner will not dispose of the Modulars unless, at least 60 days prior thereto, it has notified Bank in writing. 5. Bank shall not be liable for any diminution in value of the Property caused by the absence of the Modulars so removed or by any necessity of replacing them. Bank agrees to indemnify and hold harmless Fee Owner from any claims arising from its entry onto the Property and its removal of the Modulars therefrom and further agrees to reimburse Fee Owner for the cost of repair and restoration of any damage caused thereby to the site, the road cut, the road or utilities installed at Fee Owner's expense. Fee Owner waives any right to require Bank to provide security for the performance of Lessee's obligations as aforesaid. Fee Owner shall first seek reimbursement from Stone Creek Elementary and the related letter of credit for the cost of repair and restoration of any damage caused by removal of the -M_odulars_to_the_site, the_ road cut, the road or utilities installed at Fee Owner's expense unless th_e__ _ damage is caused by Bank's negligence or willful misconduct. C-307_CO.DOC (Rev. 04/05) -1- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first written above. BANK: WELLS FARGO BANK, NATIONAL ASSOCIATION By: Michael Roman, Vice President FEE OWNER: TOWN ON By onald C. Wolfe, Z. State of Colorado County of The foregoing instrument was acknowledged before me this May 11 , 2007 by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of Avon, a Colorado town, on behalf of the town. (Notary's Ufficial sign SEAL State of Colorado County of (Commission expiration date) The foregoing instrument was acknowledged before me this May 2007 by J. Michael Roman as Vice President of Wells Fargo Bank, N.A., a national banking association on behalf of the association. SEAL (Notary's official signature) (Commission expiration date) C-307_CO.DOC (Rev. 04/05) -2- EXHIBIT A TO WAIVER OF OWNER/LESSOR (FIXTURES) Legal Description of Property: Lot 5, The Village at Avon, Filing 1, in the Town of Avon, Eagle County, Colorado t MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: STONE CREEK ELEMENTARY SCHOOL DATE: May 8, 2007 The Council is asked to approve a Waiver of Owner/Lessor (Fixtures) in connection with Stone Creek Elementary's financial arrangements with Wells Fargo Bank. In essence, the Town is granting the Bank permission to enter upon Town property to remove the Nortex Modulars in the event of a default by the School. The form is based upon a standard one used by the Bank and, of course, is a standard requirement of the Bank in these circumstances. Nothing in the requirement should reflect adversely on the School. The Bank has been cooperative in allowing the standard form to be modified to fully protect the Town. Given the Town's support of the School, it is the recommendation of staff that the form be approved as part of Council's consent agenda. JWD:ipse Recording Requested By, And After Recording, Return To: WELLS FARGO BANK, NATIONAL ASSOCIATION MAC C7300-079 1700 Lincoln Street, 7th Floor Denver, CO 80203-4500 Attn: Mike Roman WAIVER OF OWNER/LESSOR (FIXTURES) This Agreement is made and entered into as of May 2007, by and between WELLS FARGO BANK, NATIONAL ASSOCIATION ("Bank") and Town of Avon, Colorado (hereinafter, "Fee Owner"). 1. Fee Owner hereby consents to the security interest heretofore, now or hereafter to be granted to Bank by Stone Creek Elementary, a Colorado nonprofit corporation in the following described equipment (the "Modulars"): 18,200 square foot modular complex sold by Nortex Modular Leasing and Construction Company now or at any time hereafter affixed to or installed or kept on or at that certain real property owned by Fee Owner in Avon, Colorado, the legal description of which is set forth on Exhibit A attached hereto and incorporated herein by this reference (the "Property"). 2. Fee Owner agrees that the Modulars are and shall at all times remain personal property even though they may be affixed to or installed or resting upon the Property. 3. Fee Owner hereby waives all right, title, claim or interest in or to the Modulars by reason of the Modulars being attached to or installed or resting upon the Property and hereby grants to Bank the right and license to enter onto the Property to take possession of the Modulars and to remove the Modulars therefrom at any reasonable time. Fee Owner confirms that Fee Owner has not received notice from any person or entity other than Bank of any claim of right, title or interest in or to any of the Modulars other than that certain Verified Statement of Claim Pursuant to CRS 38-26-106, dated December 27, 2006, noticed by Summit Plumbing and Heating LLC. 4. Fee Owner agrees that, notwithstanding any failure by Stone Creek Elementary to perform under, or the termination of, of that certain Stone Creek Elementary School Lease between Town of Avon and Stone Creek Elementary, dated as of June 13, 2006, as amended, Fee Owner will not dispose of the Modulars unless, at least 60 days prior thereto, it has notified Bank in writing. 5. Bank shall not be liable for any diminution in value of the Property caused by the absence of the Modulars so removed or by any necessity of replacing them. Bank agrees to indemnify and hold harmless Fee Owner from any claims arising from its entry onto the Property and its removal of the Modulars therefrom and further agrees to reimburse Fee Owner for the cost of repair and restoration of any damage caused thereby to the site,.the road cut, the road or utilities installed at Fee Owner's expense. Fee Owner waives any right to require Bank to provide security for the performance of Lessee's obligations as aforesaid. Fee Owner shall first seek reimbursement from Stone Creek Elementary and the related letter of credit for the cost of repair and restoration of any damage caused by removal of the Modulars to the site, the road cut, the road or utilities installed at Fee Owner's expense unless the damage is caused by Bank's negligence or willful misconduct. C-307 CO.DOC (Rev. 04/05) -1- V l IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first written above. BANK: WELLS FARGO BANK, NATIONAL ASSOCIATION By: J. Michael Roman, Vice President FEE OWNER: TOWN OF AVON ATTEST: By Ronald C. Wolfe, Mayor State of Colorado County of Patty McKenny, Town Clerk The foregoing instrument was acknowledged before me this May 2007 by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of Avon, a Colorado town, on behalf of the town. (Notary's official signature) SEAL (Commission expiration date) State of Colorado County of The foregoing instrument was acknowledged before me this May 2007 by J. Michael Roman as Vice President of Wells Fargo Bank, N.A., a national banking association on behalf of the association. (Notary's official signature) SEAL (Commission expiration date) C-307_CO.DOC (Rev. 04/05) -2- EXHIBIT A TO WAIVER OF OWNER/LESSOR (FIXTURES) Legal Description of Property: Lot 5, The Village at Avon, Filing 1, in the Town of Avon, Eagle County, Colorado Pagel of? Patty McKenny From: Cynthia Forstmann [cynthia@writeedgeinc.com] Sent: Monday, May 21, 2007 6:45 PM To: Patty McKenny Cc: Laurie Liddick; 'Kevin Randel'; John Santaniello; 'Kevin Kromer' Subject: RE: Reminders:) Hi Patty, Sorry for the delay. • Can you please mail the waiver it to: Mike Roman Wells Fargo Bank, N. A. MAC #C7300-079 1740 Broadway Denver, CO 80274 (303) 863-6777 telephone/voice mail (303) 832-3425 facsimile He emphasized that the MAC# was VERY IMPORTANT in getting to him. You might include the request to get signed copies back. • Thanks for your reminder on the lease payment - we will come in to PAY and SIGN the renewal on June 1 Do we come see you? • I am checking with other Board members on the preferred date for our update and will get back to you tomorrow about June 12 or June 26. Thank you, Cynthia Cynthia Forstmann Write Edge Communications Make your message matter www.writeedaeinc.com Office: (518) 580-1987 ext. 101 Local: (970) 328-0786 Mobile: (970) 390-3841 From: Patty McKenny [mailto:PMckenny@avon.org] Sent: Monday, May 21, 2007 12:33 PM To: cynthia@writeedgeinc.com Subject: Reminders:) I still have the waiver for the bank who do you want me to forward that to? Just checking in to see it the lease payment will be made by June 1st. 5/25/2007 Page 2 of 2 I'd like to schedule Stone Creek for an update on either June 12 or June 26th, let me know which date works best for your group. thanks. Patty McKenny Director Administrative Services Town of Avon PO Box 975 / 400 Benchmark Rd Avon, CO 81620 email: pmckenny@avon.org Phone 970.748.4035 Fax 970.748.9139 NOD32 2282 (20070521) Information This message was checked by NOD32 antivirus system. httpJ/www.eset.com 5/25/2007 Page 1 of 1 Patty McKenny To: Cynthia Forstmann (cynthia@writeedgeinc.com) Subject: Reminders:) I still have the waiver for the bank who do you want me to forward that to? Just checking in to see it the lease payment will be made by June 1st. I'd like to schedule Stone Creek for an update on either June 12 or June 26th, let me know which date works best for your group. thanks. Patty McKenny Director Administrative Services Town of Avon PO Box 975 /400 Benchmark Rd Avon, CO 81620 email: pmckenny_@avo 7 orq Phone 970.748.4035 Fax 970.748.9139 5/21/2007 Page 1 of'] Patty McKenny To: Cynthia Forstmann (cynthia@writeedgeinc.com) Subject: Executed Waiver The document has been executed by the Mayor do you want to come be or where shall I mail it? Once Wells Fargo executes the document I will need a copy for my files, so if you don't mind making sure I get that it would be great. Patty McKenny Director Administrative Services Town of Avon PO Box 975 / 400 Benchmark Rd Avon, CO 81620 email: pmckenny@avon.org Phone 970.748.4035 Fax 970.748.9139 5/11/2007