TC Res. No. 1996-56TOWN OF AVON
RESOLUTION NO. 96-56
A RESOLUTION APPROVING AN ADDENDUM TO THE
AGREEMENT FOR ASSUMPTION OF WATER SERVICE
BETWEEN THE ANON METROPOLITAN DISTRICT AND
THE TOWN OF ANON AND RELATING TO THE AVON
VILLAGE RECEIVABLE AND CERTAIN COST RECOVERY
AGREEMENT'S
WHEREAS, the Avon Metropolitan District and the Town
have entered, into an Agreement for Assumption of Water Services
dated as of-the 1st day of January, 1996 ("the Assumption
Agreement"); and
WHEREAS the Assumption Agreement did not assign to the
Town a receivable in the amount of $34,000 owing by EMD Limited
Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC and PVRT
NOTT III LLC, Colorado limited liability companies (collectively
"EMD"); and
WHEREAS the Assumption Agreement did'not provide for
assumption by the Town of responsibility for cost recovery
agreements entered into by the District with respect to Mountain
Star Subdivision and Nottingham Station Subdivision;
NOW, THEREFORE, HE IT RESOLVED BY THE TOWN COUNCIL OF
THE TOWN OF AVON that the Addendum to Agreement for Assumption of
water Services, a copy of which is filed in the minutes of this
meeting, is approved and the officers of the Town are authorized
to affix their signatures thereto.
PASSED MUD ADOPTED at a regular meeting on November 26,
1996.
TOWN OF AVON
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ADDENDUM TO AGREEMENT FOR ASSUMPTION OF WATER SERVICES
THIS ADDENDUM TO AGREEMENT FOR ASSISMPTION OF WATER
SERVICES is entered into as of the 1st day of January, 1995,
between the TOWN OF AVON, a municipal corporation ("the Town")
and the AVON METROPOLITAN DISTRICT, a quasi-municipal corporation
("the District");
WITNESSETHI that,
WHEREAS, the parties have entered into an Agreement for
Assumption of Water Services dated as of the 1st day of January,
1996 ("the Assumption Agreement"); and
WHEREAS the Assumption Agreement did not assign to the
Town a receivable in the amount of $34,000 owing by EMD Limited
Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC and PVRT
NOTT III LLC, Colorado limited liability companies (collectively
"EMD") ; and
WHEREAS the Assumption Agreement did not provide for
assumption by the Town of responsibility for cost recovery
agreements entered into by the District with respect to Mountain
Star Subdivision and Nottingham Station Subdivision; and
WHEREAS, it is the desire of the parties to make
provision for the aforesaid pending matters;
NOW, THEREFORE, the Assumption,Agreement is amended by
the addition of the following provisions:
1. Assumption of Receivable. The District hereby
assigns to the Town the receivable in the amount of $34,000 owing
by EMD.
2. Respolisibility for Cost Recovery Agreements
Responsibility for performance of the obligations contained in
the cost recovery agreements relating to Mountain Star
Subdivision and Nottingham Station Subdivision is hereby assumed
by the Torn.
IN WITNESS WHEREOF, the parties have entered into this
addendum as of the date first above written.
AVON METROPOLITAN DISTRICT
By:
President
ATTEST:
Secr~ary
i
TOWN OF AVON
By: "-N
Mayor
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Town, Cle k '
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