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TC Res. No. 2004-30 CONSENTING TO PARTICIPATIONTOWN OF AVON, COLORADO RESOLUTION NO. 04-30 SERIES OF 2004 A RESOLUTION CONSENTING TO PARTICIPATION BY THE EAGLE VALLEY LIBRARY DISTRICT IN THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY WHEREAS, the Town of Avon ("Town") is a member of the Colorado Intergovernmental Risk Sharing Agency ("CIRSA"), a public entity self-insurance pool providing property/casualty coverage, workers' compensation coverage, or both, to its members; and WHEREAS, the Eagle Valley Library District ("District") is a public entity as said term is defined in C.R.S. Section 24-10-103(5) (other than the state, a county, a city and county, or a school district); and WHEREAS, the Town has in effect with the District an intergovernmental agreement for the provision of one or more functions, services, or facilities lawfully authorized to both the Town and the District; and WHEREAS, the District has made application for membership in CIRSA; and WHEREAS, the Town desires to consent to the District's participation in CIRSA; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. The Town Council hereby consents to participation by the Eagle Valley Library District in CIRSA. Section 2. A copy of this Resolution shall be forwarded to the District and to CIRSA. of July, 2004. 01 Albert D. Reynolds, Mayo ATTEST: ~®IQRAp® 3 /qc l Patty cK nny, To ler MEMORANDUM TO: TOWN COUNCIL FROM: TOWN ATTORNEY RE: LIBRARY DISTRICT LEASE' DATE: JULY 209 2004 As you know, I represent the Eagle Valley Library District. At your last meeting I brought to you a copy of the intergovernmental agreement between the Town and the. District, including the lease for ,the Avon Public Library. That lease has now been signed by both entities, and I now have a favor to ask on behalf of the District. The District currently has litigation pending against it, claiming discharge for reasons discriminating against the employee and violating the ADA. In connection with my review of that litigation and the District's insurance coverage,. I found that the District has a $125,000 per occurrence deductible on all claims. That is so because the District is now a participant in CAAP, the intergovernmental insurance .pool maintained by counties. However-,-the District must participate in CAAP through Eagle County, which has a $125,000 deductible in place. In investigating alternative insurance coverage, I learned that CIRSA will admit as members governmental entities other-than municipalities if those entities have entered into intergovernmental agreements with municipalities. The CIRSA staff has reviewed the agreement between the Town and the District, and CIRSA is willing to accept the District as a member so long as the Council consents. I have assurance that the District's membership will have no affect whatsoever on the cost'or availability of the Town's insuran ce coverage. The District is also exploring membership in the Special District Association pool: However, in order to obtain quotes from CIRSA, the consent of the Council will first be-required. JWD:ipse TOWN OF AVON, COLORADO RESOLUTION NO. 04-30 SERIES OF 2004 A RESOLUTION CONSENTING TO PARTICIPATION BY THE EAGLE VALLEY LIBRARY DISTRICT IN THE COLORADO INTERGOVERNMENTAL RISK SHARING AGENCY WHEREAS, the Town of Avon ("Town") is a member of the Colorado Intergovernmental Risk Sharing Agency ("CIRSA"), a public entity self-insurance pool providing property/casualty coverage, workers' compensation coverage, or both, to its members; and WHEREAS, the Eagle Valley Library District ("District") is a public entity as said term is defined in C.R.S. Section 24-10-103(5) (other than the state, a county, a city and county, or a school district); and WHEREAS, the Town has irr,effect with the District an intergovernmental agreement for the piovision'of one or more functions, services, or facilities' lawfully authorized to both the Town and the District; and WHEREAS, the District has made application for membership in CIRSA; and WHEREAS, the Town desires to consent to the District's participation in CIRSA; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO. Section 1. The Town Council,hereby consents to participation' by the Eagle Valley Library District in CIRSA. Section 2. A copy of this Resolution shall be forwarded to the District and to CIRSA. ADOPTED this 27th day of July, 2004. Albert D. Reynolds, Mayor ATTEST: Patty McKenny, Town Clerk { Agreement between 'own of Avon and the Eagle Valley Library District This Agreement entered into this I46''day of December 1993, by and between the Town of Avon, a body politic and corporate, by and through its Town Council (hereinafter the Town), and the Eagle Valley Library District, by and through its Board of Trustees, (hereinafter the District). WITNESSETH WHEREAS, the District has full authority to construct and operate library facilities within its district boundaries, and WHEREAS, the District desires to locate a Library Facility within the Town, and WHEREAS, the Town desires to cooperate with and encourage the location of a library facility by the District within the Town, and WHEREAS, the Town owns that certain parcel of land described on Exhibit A attached hereto, and WHEREAS, the Town and the District are authorized to enter into intergovernmental agreements pursuant to Title 29, Article 1, Part 2, Colorado Revised Statutes. NOW, THEREFORE, in consideration of the premises and mutual covenants contained in this agreement, the Town and the District hereby agree as follows: Article .1 Library Facility Design and Construction 1. The Town hereby grants an exclusive right to design the Library Facility to be located upon the parcel of land described on Exhibit A attached hereto and incorporated herein by reference (hereinafter the Construction Parcel.) 2. The term "Library Facility,", as used herein, shall include by definition a building with.a_ floor area which shall not exceed 15,000 square feet on the main level and which may contain up to 20,000 square feet of floor area including available firture expansions, appurtenant sidewalks, lighting, landscaping, entryways, signage, underground utilitiesand may include such other things as may be determined by the District as necessary or appropriate facilities for the library. 3. The District shall obtain the approval of the Town, through the Town's design review process, prior to construction. The considerations for said approval shall be site layout, Page I of 5 aesthetic compatibility with adjacent facilities, landscaping, lighting, signage, and traffic patterns. Said approval shall not unreasonably be withheld. 4. Upon approval, the Town hereby grants to the District the right to construct the Library Facility within the Construction Parcel. 5. The District agrees to bear the full costs of installation of improvements upon the - Construction Parcel. Said costs shall include the costs of relocation of utilities in an amount up to $50,000. The District shall deposit with the Town for the construction of said utilities a sum equal to the costs established within the Contractor's bid award for the relocation of utilities accepted by the Town, plus a ten percent (10%) contingency, which together shall not exceed $50,000. Said deposit shall be made no later than April 1, 1994. All unexpended funds shall be returned to the District. The District shall bear all costs, if any, of relocating the sewer main line in addition to its other obligation for utility. relocation. 6. The Town agrees to waive all building permit fees, development review fees, plan check fees, master plan costs, and any other costs or fees imposed by the Town with regard to the development of the Library Facility. 7. To the extent necessary and mutually beneficial, the District and Town shall coordinate the installation of improvements respectively on the Construction Parcel and adjacent Town Parcels. Article 2 Ground Lease 1. The Town hereby agrees to grant a ground lease to the District for ninety-nine (99) years, for the property within the actual foot print of the building plus five (5) feet outside of the actual building. Said ground lease shall be substantially in the form of the agreement attached hereto as Exhibit B and incorporated herein by this reference. 2. Upon completion of construction, the District shall cause a legal description of the Lease Parcel to be prepared by a licensed surveyor. The parties shall then execute'the ground . lease. Article 3 Remainder Parcel 1. With regard to those portions of the Construction Parcel which are subsequently excluded from the Lease Parcel, (hereinafter, the Remainder Parcel), it is agreed that the District will bear the responsibility of installing the required, planned and approved improvements to the property. 2. Upon the execution of the Ground Lease, any and all interest held by the District in the Construction Parcel (except the interest created by the Ground Lease) shall terminate. Page 2 of 5 Responsibility. for the Remainder Parcel, including maintenance, shall fully vest with the Town. 3. The Town agrees to, allow, access and utilities across the Remainder Parcel and its other properties as may be reasonably necessary for the efficient construction and operation of the Library Facility. 4. Upon approval through the Town's design review process, the Town agrees to allow the use of the Remainder Parcel by the District for incidental library purposes which do not interfere with the primary functioning of the Remainder Parcel. For example; the installation of a book drop shall be permitted. Article IV Indemnification & Insurance 1. Indemn ication by District. The District will indemnify and hold harmless the Town, its agents and employees, against any and all claims, debts, demands, or obligations which may be made against- the Town or against its title in the premises, arising out of, or in connection with, any alleged act or omission of the District or any person claiming under, . by or through the District. If it becomes necessary for the Town to defend any action seeking to impose any such liability, the District will pay the Town all costs of court _and attorneys' fees incurred by the town in effecting such defense, in addition to all other sums that the Town may be called upon to pay by reason of the entry of a judgment against it in the litigation in which such claim is asserted. 2. Insurance. As soon as the District executes this agreement, the District shall cause to be written a policy or policies of insurance in the form generally known as public liability policies. In addition, if any boilers or elevators are included in improvements located within the Library Facilities, the District shall cause to be written boiler insurance and elevator insurance policies. The policies shall insure the District against all claims and demands made by any person or persons for injuries received in connection with the operation and maintenance of the premises, improvements, and buildings located within the Library Facilities and for any other risk insured against by such policies. Each class of policies shall be written within limits of not less than $150,000 for damages incurred or claimed by any one person for bodily injury and damages to property, and for not less than $600,000 for damages incurred or claimed by more than one person for bodily injury and damages to property per occurrence. Said limits shall be adjusted, without further amendment to this, agreement, to be consistent with the limits established by the Colorado Governmental Immunity Act, as it may be amended from time to time. All . such policies shall name the Town as the additional insured person. Page 3 of 5 Article V Additional Terms 1. No recourse. Notwithstanding anything to the contrary, the Town shall look solely to the interest of the District hereunder for the satisfaction of any remedy it may have hereunder or in connection herewith and shall not look to any other person, firm or corporation. No personal liability shall attach to any of its present or future officers, or directors, or its successors or assigns, for any obligation hereunder or in connection herewith. 2. Written modifications. No modification, release, discharge, or waiver.of any provision hereof shall be of any force, effect, or value unless signed in writing by both parties. 3. Entire agreement. This instrument contains the entire agreement between parties as of this date. The execution hereof has not been induced by either party by representations, promises, or understandings not expressed herein. There are no collateral agreements, stipulations, promises or undertakings whatsoever upon the respective parties in any way touching the subject matter of this instrument which are not expressly contained in it. 4. Notices. All notices between the parties in connection with this Lease shall be in accordance with its terms. Notice shall be given by registered or certificate mail, deposited in the United States mails with postage prepaid. The notices shall be addressed as follows: For the Town: Bill James, Town Manager Town of Avon P.O. Box 253 Avon, CO 81620 John Dunn, Avon Town Attorney 108 S. Frontage Road West Vail, CO 81657 For the District: Charlynn Canada, Director Eagle Valley Library District P.O. Box 240 Eagle, CO 81631 Kevin B. Lindahl Attorney for the Library District P.O. Box 2100 Eagle, CO 81631 Either parry may change the place for giving notice by written notice in the manner set forth in this Section. Page 4 of 5 5. Severability. Should any section, clause, or provision of this agreement be declared invalid by any court, such decision shall not affect the validity of this agreement as a whole or any part thereof other than the part so declared invalid. . 6. Headings. Headings in this lease are for convenience and reference only, and shall not be used to interpret or construe its provisions. 7. Time of essence. Time is expressly declared to be of the essence of this Lease. IN WITNESS WHEREOF, the Town and the District have hereunto set their hands and seals, this l q ay of'I~e,►be r , 19-23-. THE TOWN OF ANON, by and through its Town Council AT'I'EST: By: Town Clerk Albert J. Re ds, THE EAGLE VALLEY LIBRARY DISTRICT, by and through its Board of Trustees ATTEST: Wjg&2Z69,> By: Secretary Jud oder, P ide Page 5 of 5 LEASE BETWEEN THE TOWN OF AVON, STATE OF COLORADO and the EAGLE VALLEY LIBRARY DISTRICT THIS LEASE made and entered into by and between The Town of Avon, State of Colorado ("the Lessor") and the Eagle Valley Library District, Eagle County, Colorado ("the Lessee"). The Lessor and the Lessee, for and in consideration of the keeping by the parties of their respective obligations hereinafter contained, agree as follows: Article I Demised Premises 1. Lessor's demise. Upon the terms and conditions hereinafter set forth, and in consideration of the payment of the rents and the prompt performance by the Lessee of the convenants and agreements, -to be kept and performed by the Lessee, the Lessor does lease, let, and demise to the Lessee, and the Lessee hereby leases from the Lessor, the following described premises, situate, lying, and being in the Town of Avon, Eagle County, Colorado: . See attached Exhibit "A" incorporated herein by this reference. 2. Conditions. The demise is likewise made subject to the following: a. All conditions, restrictions, and limitations now appearing of record; b. Any questions of survey, the Lessee having satisfied itself as to the boundary lines and contents of the above-described premises as well as with the sufficiency of the Lessor's present title; and c. The Lessee's proper performance of all the terms and conditions contained in this Lease. Article II Term To have and to hold the demised premises for a term commencing -_-1'C7,H V a r'`1 ( , . 1994, and ending `Ja m g U r !j 1 , 2093, inclusive, unless terminated sooner as provided below. EXHIBIT "B" Agreement between Town of Avon and the Eagle Valley Library District Article III Rent Annual rentals. The Lessee shall pay the Lessor rent in the amount of One Dollar ($1.00) per year, prepaid, receipt of which is hereby acknowledged. Article IV Mechanics' Liens No lien. The Lessee shall not subject the Lessor's interest in the premises to any mechanics' or materialmen's liens or other lien of any kind. Lessee shall comply with 'the statutory procedures related to the payment of contractual obligations and claims for- labor and materials. Article V Governing Law, Cumulative Remedies . 1. Governing law. All of the rights and remedies of the parties shall be governed by the provisions of this instrument and by the laws of the State of Colorado. 2. Cumulative remedies. During the continuance of the Lease, the Lessor shall have all rights and remedies which this Lease and the laws of the State of Colorado assure to it. All rights and remedies accruing to the Lessor shall be cumulative; that is, the Lessor may pursue all rights that the law and this Lease afford to it, in whatever order the Lessor desires and the law permits without being compelled to resort to any one remedy in advance of any other. Article VI Indemnification of Lessor 1. Indemnification by Lessee. During the entire term of the Lease, the Lessee will indemnify and hold harmless the Lessor against any and all claims, debts, demands, or obligations which maybe made against the Lessor or against its title in the premises, arising out of, or in connection with, any alleged act or omission of the Lessee or any person claiming under, by or through the Lessee. If it becomes necessary for the Lessor to defend any action seeking to impose any such liability, the Lessee will pay the Lessor all costs of court and attorneys' fees incurred by the lessor in effecting such defense, in addition to all other sums that the Lessor may be called upon to pay by reason of the entry of a judgment against it in the litigation in which such claim is asserted. 2. Insurance. As soon as the Lessee executes this lease, the Lessee shall cause to be written a policy or policies of insurance in the form generally known as public liability policies. In addition, if any boilers or elevators are included in improvements located on the demised premises, the Lessee shall cause to be written boiler insurance and elevator insurance policies. The policies shall insure the Lessee against all claims and demands made by any person or persons for injuries received in connection with the operation and maintenance of the premises, Page 2 improvements, and buildings located on the demised premises and for any other. risk insured against by such policies. Each class of policies shall be written within limits of not less than $150,000 for damages' incurred or claimed by any one person for bodily injury and damages to property,, and for not less than $600,000 for damages incurred or claimed by more than one person for bodily injury and damages to property per occurrence. Said limits shall be adjusted, without further amendment to this agreement, to be consistent with the limits established by the Colorado Governmental Immunity Act, as it may be amended from time to time. All such policies shall name the Lessor as the additional insured person. Article VII Insurance 1. Lessee's obligation. From and after the time the Lease commences, the Lessee will keep insured any 'and all buildings and improvements upon the premises against all loss or damage by fire and windstorm, together with "extended coverage." 2. Delivery of policies. The Lessee shall deliver to the Lessor a certificate of said insurance, and said policies shall not be cancelable without ten days' written notice to Lessor. Article VIII Insurance Premiums The Lessee shall pay premiums for all of the_ insurance policies it_ is required to carry under the terms of this Lease, 'and shall deliver to the Lessor evidence of such payment before the payment of any premiums become in default. The Lessee shall also cause renewals of expiring policies to be written. Article IX Utilities and Access 1. Access. Appurtenant to the demised premises, Lessor hereby grants easements across its property as may be reasonably necessary for access by agents, employees and guests of Lessee. Lessor agrees to permit Lessee's agents, employees and guests to park vehicles upon its property in parking areas while using the Library Facilities. 2. . Utilities. Appurtenant to the demised premises, Lessor hereby grants easements across its property as may be reasonably necessary for utility service to the demised premises. Article X Financing The construction of the facilities is being financed through bonded indebtedness. Lessor agrees to cooperate fully with Lessee to the extent necessary to issue bonds, except such requirement of cooperation shall not include responsibility for any financial obligation. Page 3 Article XI Default. 1. Effect of default by Lessee. If at any time the Lessee fails to perform any covenant under this Lease, the Lessor shall give notice of said default. Lessee shall have ninety (90) days - or such longer period as may be mutually agreed upon by the parties - within which to come into compliance with regard to said covenant. If Lessee shall fail to come into compliance, Lessor may declare the lease term ended. In that event, the Lessor may re-enter upon any part of the premises and the building or buildings and improvements situated on it, either with or without process of law, the Lessee waiving any demand for possession of the premises and all buildings and improvements situated thereon. The Lessor shall also have all other remedies provided by law and this instrument. Within thirty (30) days of termination of the demised term, and the Lessor's election or in any other way, the Lessee shall peaceably surrender and deliver up the demised premises to the Lessor, or its agent or attorney. If the Lessee, or its agent, attorney, or tenants, holds the premises, or any part thereof, more than 30 days after the date for their surrender, according to the terms of this Lease, the Lessee shall be deemed guilty of forcible detainer of the premises under the statutes and shall be subject to eviction or removal, forcibly or otherwise, with or without process of law. Article XII Repair Obligations 1. During the continuance of this Lease, the Lessee shall keep in good state of repair and in first class condition all buildings, furnishings, fixtures, and equipment which Lessee brings, constructs, or places upon the demised premises. The Lessee shall not suffer or permit any strip, waste, or neglect of any building or other property to be committed. 2. Lessee may make additional improvements to the property, subject to the Lessee's causing plans for the new buildings or the new construction to be prepared in full accordance with all applicable laws, building codes, and zoning ordinances,' and delivering the plans to the Lessor for its approval.. Article XIII Additional Covenants of Lessee Legal use. The premises shall be used for legal purposes only. 2. Insurance claims. No damage or destruction to any building or improvements by fire, windstorm, or any other casualty shall be deemed to entitle the Lessee to surrender possession of the premises, to terminate this Lease, to violate any of its provisions, or to cause any rebate or reduction in the rent when due or thereafter becoming'due under its terms. Not- withstanding the foregoing covenant , in the event of receipt by Lessee of insurance proceeds in an amount greater than thirty percent (30%) of the value of the improvements and a remaining term of the lease of fifty (50) years or less, Lessor shall extend the term of the lease for the period sufficient to make the remaining term of the lease ninety-nine (99) years. If Lessor shall refuse Page 4 such extension, Lessee may not be required to use the insurance proceeds to repair the improvement on the demised property. 3. - Surrender of possession. On the expiration or other termination of this lease, Lessee's rights to use of the premises described herein shall cease, and Lessee shall vacate the premises without unreasonable delay. Except as otherwise provided in this agreement, the improvements, furniture, fixtures, equipment, and other property bought, installed, erected, or placed by Lessee in, on, or about the demised premises shall be deemed to be personalty and shall remain the property of Lessee. Lessee shall have the right at any time during the term of this agreement,. or any renewal or extension hereof, and for an additional period of ninety (90) days after the expiration or other termination of this agreement, to remove any or all of such property from the demised property - subject, however, to Lessee's obligation to repair all damage to the site, if any, resulting from such removal. Any and all property not removed by Lessee prior to the expiration of the aforesaid 90-day period shall thereupon become a part of the land on which it is located, and title thereto shall thereupon vest in Lessor. Article X1V Quiet Enjoyment So long as the Lessee keeps and performs all of its covenants and conditions under this Lease, it shall have quiet, undisturbed, and continued possession of the premises, free from all claims against the Lessor and all persons claiming under, by, or through the Lessor. Article XV Right of Entry The Lessor and its agents may enter upon the premises at all reasonable times to examine their condition and use, so long as that right is exercised in a manner that does not interfere with the Lessee in the conduct of its business on the premises. Article XVI Miscellaneous 1. Force majeure. If the Lessor or Lessee is delayed, hindered, or prevented from performing any act required hereunder by reason of strikes, lockouts, labor troubles, inability to procure materials, failure of power, restrictive government laws or regulations, riots, insurrection, the act, failure to act or default of the other party, war, or other reason beyond its control, then performance of the act shall be excused for the period of the delay. In that event, the period for,the performance of the act shall be extended for a period equivalent to the period of the delay. 2. Estoppel certificates. Either party shall, without charge, at any time and from time to time hereafter, within ten days after the others' written request of the other, certify by Page 5 instrument duly executed and acknowledged to any mortgagee or purchaser or proposed mortgagee or proposed purchaser, or any other person, firm, or cooperation specified in the request as to: a. Whether this Lease has been supplemented or amended, and, if so, the substance and manner of the supplement or amendment; b. The validity and force and effect of this Lease, in accordance with its tenor as then constituted; C. The existence of any default thereunder; d. The existence of all offsets, counterclaims, or' defenses thereto on the part of the other party; e. The commencement and expiration dates of the term of the Lease; and £ All other matters that may reasonably be so requested. Any such certificate may be relied upon by the party who requested it and, any other person, firm, or corporation to whom it may be exhibited or delivered, and the contents of the certificate shall be binding on the party executing it. 3. Duplicates, recordation. Either party shall, at any time, at the other's request, promptly execute originals of an instrument, in recordable -form, which shall constitute a short form of lease. This will set forth a description of the demised premises, the term of this Lease, and any other portion thereof, except for the rental provisions, requested by either party. 4. No recourse. Notwithstanding anything to the contrary, the Lessor shall look solely to the interest of the Lessee hereunder for the satisfaction of any remedy it may have hereunder or in connection herewith a nd shall not look to any other assets of the Lessee or of any other person, firm or corporation. No personal liability shall attach to any of its present or future officers, or directors, or its successors or assigns, for any obligation hereunder or in connection herewith. 8. Covenants running with land, binding effect. All covenants, conditions, and obligations contained herein or implied by law are covenants running with the land and shall attach and bind and inure to the benefit of the Lessor and Lessee and their respective heirs, legal representatives, successors, and assigns, except as otherwise provided herein. 9. Non-Waiver. No waiver of a breach of any covenant in this Lease shall be construed to be a waiver of any succeeding breach of the same covenant. No delay or failure by either party to exercise any right under'this Lease, and no partial or single exercise of that right, shall constitute a waiver of that or any other right, unless otherwise expressly provided herein. Page 6 10. Written modifications. No modification, release, discharge, or waiver of any provision hereof shall be of any force, effect, or value unless signed in writing by both parties. 11. Entire agreement. This instrument contains the entire agreement between parties as of this date. The execution hereof has not been induced by either party by representations, promises, or understandings not expressed herein. There are no collateral agreements, stipulations, promises or undertakings whatsoever upon the respective parties in any way touching the subject matter of this instrument which are not expressly contained in it. 12. Notices. All notices between the parties in connection with this Lease shall be -in accordance with its.terms. Notice shall be given by registered or certified mail, deposited in the United States mails with postage prepaid. The notices shall be addressed as follows: For the Town: Bill James, Town Manager Town of Avon P.O. Box 253 Avon, CO 81620 John Dunn, Avon Town Attorney 108 S. Frontage Road West Vail, CO 81657 For the District: Charlynn Canada, Director Eagle Valley Library District P.O. Box 240 Eagle, CO 81631 Kevin B. Lindahl Attorney for the Library District P.O. Box 2100 -Eagle, CO 81631 Either party may change the place for giving notice by written notice in the manner set forth in this Section. In the event that there is a known successor to one of the individuals named above, notice may also be sent to the-known successor. 13. Severability. Should any section, clause, or provision of this agreement be declared invalid by any court, such decision shall not affect the validity of this agreement as a whole or any part thereof other than the part so declared invalid. 14. Liability continued. All references to the Lessor and Lessee mean the persons who, from time to time, occupy the positions, respectively, of Lessor and Lessee. However, this shall not be construed as relieving a person of any liability incurred by reason of or in connection with it having been Lessor or Lessee at one time. Page 7 15. Headings. Headings in this lease are for convenience and reference only, and shall not be used to interpret or construe its provisions. 16. Time of essence.. Time is expressly declared to be of the essence of this Lease. IN WITNESS WHEREFORE, the Lessor and the Lessee have hereunto set their hands and seals, this day of 1 ATTEST: THE TOWN OF AVON, by and through its Town Council Albert Reynolds, Mayo THE EAGLE VALLEY LIBRARY DISTRICT, by and through its Board of Trustees ATTEST: By: Secretary~ . 12/9/93 6Li A resident ~"1.'c..l.~ctef l- Page 8 .