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TC Res. No. 2007-01 APPROVING THE LOCATIONSTOWN OF AVON, COLORADO RESOLUTION NO. 07-01 SERIES OF 2007 A RESOLUTION APPROVING THE LOCATIONS FOR POSTING THE NOTICES OF PUBLIC MEETINGS Whereas,, Local Public Bodies, including the Avon Town Council, are required by Subsection 24=6-402 (2)(c) C.R.S., to designate annually at the Town Council's first regular meeting of each calendar year, the-place at which notice will be posted at least 24 hours prior to each meeting. NOW, THEREFORE BE IT RESOLVED BY THE AVON TOWN COUNCIL AS FOLLOWS: Notice of meetings of the Town Council required pursuant to Section 24-6-401, et seq.; C.R.S. shall be posted within the boundaries of the Town at least 24 hours prior to each meeting at the following locations: Avon Municipal Complex, 400 Benchmark Road, Bulletin Board Avon- Recreation Center, 325 Benchmark Road, Bulletin Board Alpine Bank, 10 W. Beaver Creek Boulevard, Bulletin Board City Market, 260 Beaver. Creek Place, Front Lobby Bulletin Board ADOPTED THIS 9TH DAY OF JANUARY 2007. TOWN COUNCIL TOWN OF AVON C RADO s `Jrn Ronald C. Wolfe, Mayor rJ~ di 1:.d J"LL 1. 4 Patt c nn , T Clerk TOWN OF AVON, COLORADO RESOLUTION 07-01 A RESOLUTION APPROVING AMENDMENTS TO A LEASE BETWEEN THE TOWN AND STONE CREEK ELEMENTARY SCHOOL WHEREAS, Stone Creek Elementary School and the Town entered into a STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY ("the School Lease") whereby the Town leased Lot 5, The Village at Avon, Filing 1, to Stone Creek Elementary for a term from July 1, 2006, to June 30, 2007; and WHEREAS, the School Lease requires a site restoration bond in the amount of $250,000; and WHEREAS, it has been demonstrated to the satisfaction of the Town Council that the financial circumstances of Stone Creek Elementary require a reduction in the amount and changes to the security deposit previously known as the site restoration bond, an extension of the term of the Lease and certain other amendments; NOW, THEREFORE, BE IT RESOLVED: 1. The FIRST AMENDMENT TO STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY, a copy of which is filed with the minutes of this meeting, is hereby approved. 2. Exhibit "A" thereto shall be revised to depict the improvements on Lot 5 as constructed on this date. 3. All action heretofore taken by the officers of the Town of Avon relating to the same is hereby ratified, approved and confirmed. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th day of February, 2007. 1 (~"z Ronald C. Wolfe, Mayor ew; ` Xrl- ATTEST: A L ' a Mc e o ~.erk... R~ I T I ~ ga y I j 9 ~Q. a ~ B E B r / \ y 4 If 1 ~ \ ~ C v \ a a gqg AM X .ION elf!"'oy e~,.EyFS \ 'F x 1A 0 1) ~ ~ ~pi C 3 ~ ,ice ~ • 1 ~4r~ in d~ fir r' ~J! 2W e ,e► , L a~.^ v rig ~ H L o_~ V a3~ $ ;off ¢ $ 3 - N "s_ $ 3 gs e g s i d i g a$ Ri g e g Pp 9rg e a 9 ~g e E i} ~~s 6 3~g } ~ } 8 e g ~ s gaE 9 S p s R 9~ ~b 3e 9 e~ a r E 9 e •9e d So ; e y 5 ~ " go 3§ 9 $ - $ a ' S ~ g5 B a-; - s R g 3 a Q B }Q g S ~ g_ c; Y° Q ge 3 ° a q 8 :S i j 4' o d~ s a 3 g 7 4 ~ s ~ a d°§ g a° f u$ s_ P 9? so A s s° g ga ff d ~ 54 i` ~ f ~ ~ 6 - os nR °s ~ § s go 9' 9 A3 2g ?a ~ a e 9 Pa ~ - 1L _ la u e Q FO \2 s~a° p~v_ 1 t~ )I om.: tb-.a-os a rws .ARROYO ENGINEERIICG. Ree STONE. CKEEK CHARTER 5CHOOL ° °...M.,. AVON. COLORADO - SITE GRADING AND UITLITY PLAN f ; ;mvM ^ ; ,.u,,, FIRST AMENDMENT TO STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY A lease of property entered into between the TOWN OF AVON, COLORADO (Town) and STONE CREEK ELEMENTARY (School) on June 13, 2006, as evidenced by the written Lease attached hereto as Exhibit 1, is hereby amended with respect to Paragraphs 5, 6, 7.3 and 10 as follows: 5. TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall continue for a period of one year, ending June 30, 2007. Provided there is no default hereunder, School shall have the option to extend this Lease for three additional one-year year periods, which option shall be exercised by notice given in writing no later than 30 days before the end of the prior lease period. At the inception of this Lease, the Premises were in use by the Town for snow storage and in the future will be a permanent public works site. On or after June 30, 2010, the Town will have a need for the premises which is recognized by the School. This Lease will therefore not be renewed or extended for any reason beyond that date. The School will inform its teachers, parents and students of this provision and will actively discourage them from any efforts, whether before the Town's council or in the press, seeking extension or renewal of this Lease. The School will provide the Town with quarterly written reports describing its efforts at locating a permanent site. 6. RENT. The School shall pay rent of TWENTY-ONE THOUSAND TWO HUNDRED Dollars ($21,200) per year. Payment of the rent for the first one- year period is acknowledged. In the event any option to extend the lease is exercised, payment for the additional one-year period shall accompany the notice of exercise of the option. The School shall also pay any real property taxes assessed against the Premises and any additional insurance costs incurred by the Town. 7.3 Security Deposit. When this Lease is terminated, the School shall remove any and all improvements that it may have erected on the Premises and restore said premises to essentially the same condition which existed at the inception of this Lease, to the satisfaction of the Town. To secure the foregoing obligation as well as all other obligations owing pursuant to the terms of this Lease, the School shall provide a security deposit in the amount of $150,000, in the form of cash, letter of credit or other security acceptable to the Town in its sole discretion. In the event the Town draws down any part of such security deposit, the School shall restore the amount of it to $150,000 within 30 days thereof. 10. UTILITIES. The School shall be responsible for payment of all service charges for all utilities. The Town shall pay all water and sewer tap fees assessed against the Premises, as specifically described on Exhibit 2 hereto, on the agreement and understanding that all rights and privileges purchased by payment of the fees will belong solely to the Town as owner of the property to be used for any purpose whatsoever as the Town sees fit at the termination of this lease. The School, as tenant, shall retain no rights to sewer or water service arising from the payment of this fee upon termination of the tenancy. Except as expressly amended or modified herein, all other terms and provisions of the Stone Creek Elementary School Lease Between Town of Avon and Stone Creek Elementary remain unchanged and in full force and effect. STONE CREEK ELEMENTARY SCHOOL h ar ? V A L.* ATTEST: ,v,- cA- 4a tt c - enny, lerk tc~ By: 3 r /0-7 TOWN OF By: Ronald C. Wolfe, Mayor STATE OF COLORADO COUNTY OF EAGLE ss. 4- Sub cribed and sworn to before me on this A day of _ M!4& ~ 2007, bylL as President of Stone Creek Elementary School, a Colorado no ofit corporation. ess my hand and official seal. ye\ERLE-~~c :G T'yj ssion expires: • (yl/ No P blie 9 ~ 00 P 8 L~G '•F Cp1.D~.P M+Q=d3sio 80" Sl/27/1010 STATE OF COLORADO COUNTY OF EAGLE ss. 2007, Subscribed and sworn to before me on this 14 'day of ftovon. by Ronald C. Wolfe as Mayor and Patty McKenny as Town Clerk of thWitness my hand and official seal. My Commies ~G=AR~ 2 ..0 aL~G' O OF CO`-O~P P r - c ~J,, N ary ublic M►Commi an by y/ 2-7 I20im TOWN OF AVON, COLORADO RESOLUTION 06-30 SERIES OF 2006 A RESOLUTION APPROVING A LEASE BETWEEN THE TOWN AND STONE CREEK ELEMENTARY SCHOOL WHEREAS, Stone Creek Elementary School has requested that the Town enter into a STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY ("the School Lease") whereby the Town will lease Lot 5, The Village at Avon, Filing 1 ("Lot 5"), to Stone Creek Elementary for a term from July 1, 2006, to June 31, 2007; and WHEREAS, Lot 5 is currently designated as a public works site pursuant to the Annexation and Development Agreement for The Village (at Avon); and WHEREAS, by Resolution No. 06-29 the Town Council approved a LICENSE AGREEMENT between the Town and Traer Creek RP, LLC to provide to the Town an alternative public works site during the term of the School Lease; NOW, THEREFORE, BE IT RESOLVED: 1. The School Lease, a copy of which is filed with the minutes of this meeting, is hereby approved. 2. All action heretofore taken by the officers of the Town of Avon relating to the same is hereby ratified, approved and confirmed. 3. This Resolution is contingent upon the adoption of Resolution No. 06-29. ADOPTED at a regular meeting of the Town Council of the Town of Avon the 13th day of June, 2006. ATTEST:. Pi me GF. SEAL J YA1 f~ 4 W Ronald C. Wolfe, Mayor STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY PARTIES. The parties to this Lease are the TOWN OF AVON, COLORADO (Town), a Colorado municipal corporation, and STONE CREEK ELEMENTARY (School), a Colorado Nonprofit Corporation. 2. PURPOSE AND AUTHORITY. The parties enter into this Lease for the benefit of the School for the education of the children of Eagle County..C.R.S. § 31-15- 713(1)(c) grants to the Town the right to enter into this Lease. 3. PREMISES. The Town hereby leases to the School the surface rights for the property described as Lot 5. The Village at Avon, Filing 1 (Premises), situated in the Town of Avon, Colorado. Attached as Exhibit A is a schematic map depicting the building, parking lot, playground, utililities and other improvements, all of which shall have the prior approval of the Town staff.. Attached as Exhibit B are elevations of the building including depiction of its exterior construction. 4. COVENANT OF QUIET ENJOYMENT. The Town warrants that it owns the Premises in fee simple; that the property is clear and clear of all liens and encumbrances; and that it has the full right and authority to enter into this Lease. The Town warrants that the School shall enjoy the possession and use of the Premises in peace and without disturbance or interference. 5. TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall continue for a period of one year, ending June 31, 2007. The Premises are currently in use b_v the Town for snow storage and in the future will be a permanent public works site. During the term of this Lease and for the term of this Lease, the Town will enter into a lease with Traer Creak RP, LLC for a replacement site described as a part of Tract B, The Village (at Avon), Filing 3. Upon termination of that lease, the Town will have an immediate need for the premises which is recognized by the School. This Lease will therefore not be renewed or extended for any reason. The School will inform its teachers, parents and students of this provision and will actively discourage them from any efforts, whether before the Town's council or in the press, seeking extension or renewal of this Lease. The School will provide the Town with quarterly written reports describing its efforts at locating a permanent site. RENT. The School shall pay rent of TWENTY-ONE THOUSAND TWO HUNDRED Dollars ($21,200) per year, $5,000 of which shall be due and payable on the first day of the Lease, and the balance of which shall be due and payable on October 15, 2006. The School shall also pay any real property taxes assessed against the Premises and any additional insurance costs incurred by the Town. 7. OBLIGATIONS OF THE SCHOOL. 7.1 Use Restriction. The School shall use the Premises only for school purposes and in compliance with any and all restrictions contained in its Charter and state law, any and all restrictions contained in the approval of a special review use by the Town and any and all restrictions contained in the approval of the The Village Design Review Board. The School shall establish and maintain an outreach program for "at-risk" children and shall provide evidence thereof to the Town along with quarterly reports as to the success of that program. Any non-scholastic use of the Premises shall have the prior approval of the Town staff. In the event the School persists in using the Premises for a purpose other than school purposes in violation of this Lease or violates the restrictions as aforesaid, the Town may terminate this Lease by giving prior written notice of the violation. The School shall then cease using the Premises for the remainder of the term. 7.2 Right to Cure. Upon receipt of a notice of violation or presumption of abandonment, the School shall have the right to cure such violation within 10 days of such notice before the Town may terminate the School's leasehold interest for violation or initiate a civil action in the District Court for Eagle County, Colorado. 7.3 Purchase of Improvements. When this Lease is terminated, the School shall remove any and all improvements that it may have erected on the Premises and restore said premises to essentially the same condition which existed at the inception of this Lease, to the satisfaction of the Town. The School shall provide a restoration bond in the amount of $250,000, in the form of cash, letter of credit or other security acceptable to the Town in its sole discretion, to guarantee its compliance with this Subparagraph. 8. INDEMNIFICATION AND LIABILITY INSURANCE. To the extent permitted by law, the School shall indemnify and keep harmless the Town from: 1) any expense incurred by the Town in entering into and performing this Lease; 2) any and all losses, damages, charges or claims arising out of the operation of a school facility on Town property, including without limitation from any violations of The Village Design Review Board and Town approvals, the School's Charter or state law ; 1) any and all losses, damages, charges or claims resulting from personal injury, death or property damages occurring on the Premises; and 4) any costs, including attorney's fees, whether of the Town Attorney or other attorneys, relating to 2) through 4) above. 8.1 The School shall place and maintain at all times, at its sole expense, a general liability insurance policy with respect to the Premises in which the limits of liability shall be not less two million dollars ($2,000,000) for each occurrence and with an annual aggregate coverage of not less than five million ($5,000,000). 8.2 All general liability insurance required of the School shall include the Town as an additional insured and shall include a provision requiring the insurer to give the Town thirty (30) days notice prior to cancellation. 8.3 Certificates of insurance issued by the insurer shall be filed by the School with the Town within 10 days after the date of this Lease is executed by the School. 9. PROPERTY INSURANCE. The School shall obtain and maintain during the term of the Lease and any renewal period, property insurance in an amount equal to or greater than the current appraised value of the school buildings and other improvements on the Premises to insure said improvements with respect to fire, flood, and other typical local hazards, and certificates of such insurance issued by the insurer shall be filed by the School with the Town within 10 days after the date of completion of the building and other improvements. The School agrees that if any or all of said improvements are damaged or destroyed, said damage shall be promptly repaired or replacement improvements promptly erected on the Premises by the School, applying thereto any insurance payments received by it; provided, however, that if said damage or destruction exceeds 50% of the current appraised value of said improvements, the School shall be required to repair or replace said improvements only in the event it is reasonable at that time for it to continue operating a school on the Premises. 10. UTILITIES. The School shall be responsible for all utilities furnished for the Premises. 11. MAINTENANCE. The School shall keep and maintain the Premises, including improvements and vegetation, in a good clean and healthful condition, making repairs as necessary at its sole cost and expense. The School shall be responsible for snow removal at is sole cost and expense. 12. IMPROVEMENTS. The School may, with consent of the Town staff and at its sole cost and expense, at any time and from time to time make such alterations, changes, replacements, improvements and additions to the Premises and the buildings and improvements thereon as it may deem desirable, including the demolition of any building, improvement, and/or structure that now or hereafter may be situate or erected on the Premises, provided that the use of the Premises as a school site is not thereby permanently terminated or abandoned, nor curtailed for a period of time longer than reasonably required to effect such alterations, changes, replacements, improvements, or additions. 13. LIENS. The School shall not suffer or permit a lien to be asserted or filed against the Premises arising out of its operations or activities. If a lien is asserted or filed against the Premises, the School shall promptly cause the lien to be removed. Upon failure to do so, the Town may satisfy and cause the lien to be removed and the School agrees to reimburse the Town on demand for the costs and expenses of any such proceeding. 14. CONSULTATION. The parties acknowledge that, over the term of this Lease issues may arise concerning implementation of this Lease that the parties have not now contemplated. Recognizing that a high level of cooperation between the parties is necessary and desirable, the parties agree to consult with each other from time to time concerning this Lease. The parties further agree that their respective representatives will meet to conduct such consultation upon 10 days written request given by one parry to the other party. In addition, each party shall from time to time designate in writing such party's "contact person" for all matters involving the administration of this Lease. 15. NOTICES. Any notice required or permitted by this Lease shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 16. DEFAULT AND/OR TERMINATION. All terms and conditions of this Lease are considered material. In the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Lease, the non-defaulting party shall give the defaulting party written notice of such default, and if the defaulting party fails, neglects or refuses for a period of more than 10 days thereafter to cure the default, then the non-defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Lease and this Lease shall be of no further force or effect. If the non-defaulting party elects to treat this Lease as being in full force and effect, the non-defaulting party shall have the right to an action for damages. The Town further shall be entitled, in the event of default, 1) to correct the default itself and to assess the cost thereof to the School, together with interest at the rate of eighteen (18) percent per annum accruing from the time of assessment and 2) to collect interest at the rate of eighteen (18) percent per annum from the time of default in the event of any monetary default. 17. WAIVER OF BREACH. The waiver by any party to this Lease of a breach of any term or provision of this Lease shall not operate or be construed as a waiver of any subsequent breach by any party. 18. ASSIGNMENT. Neither party to this Lease shall transfer or assign any interest in the Premises without first obtaining the written consent of the other party. 19. SEVERABILITY. If any provision of this Lease or its application is finally determined to be invalid, void, or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be severable, and all other provisions of this Lease shall remain fully enforceable, and this Lease shall be interpreted in all respects as if such provisions were omitted. 20. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Lease. 21. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Lease. 22. INTEGRATION AND AMENDMENT. This Lease represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Lease may be amended only by an instrument in writing signed by the parties. 23. NO THIRD PARTY BENEFICIARIES. None of the terms, conditions or covenants set forth in this Lease shall give or allow any claim, benefit or right of action by any third person not a party to this Lease. Any person other than the parties to this Lease who or which receive services or benefits under this Lease shall be only an incidental beneficiary. 24. GOVERNING LAW. This Lease shall be deemed to have been made in the State of Colorado, shall be construed under the laws of the State of Colorado and shall be binding upon and inure to the benefit of the successors and assigns of the parties to this Lease. 25. IMMUNITIES PRESERVED. It is the intention of the parties that this Lease shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., Colorado Revised Statutes. 26. DATE. JW1,L l a , 2006 STONE CREEK ELEMENTARY SCHOOL By: TOWN OF AVON By: 4a (f A)i V--Q- Ronald C. Wolfe, Mayor ATTEST: @F Jq rf Cl ~aCOf~ ~~r STATE OF COLORADO ss. COUNTY OF EAGLE ) r, Subscribed and sworn to before me this _ day of " , 2006, by "aM 41! UWM President of Stone Creek Elementary School, a Colorad nonprofit corporation. Witness my hand and official seal. My commission expires: lic L~ r ~~ER ~r Ai .oTAic c ate. ~ ~ •~2~ STATE OF COLORADO ) ss. COUNTY OF EAGLE ) r The foregoing document was subscribed and sworn to before me this to day of ~,J , 2006, by Ronald C. Wolfe as Mayor and Patty- McKenny as Town Clerk of the To o fl~ von. k's.- My commission expires: Witness my han E,- q~y.~C T A R a ary ublic to :..p G ~O 9 •VBI.~ °O op co1-o My Commission Expires miles wla'712C)ly 2! x...160073 &.S%00 .dmg. Luyo 1, 7f=006 10.47.17 AM r r~ 1 f r f r r 1 1 ~ _ rr! °7T ! I 6A r r coy I P~ J ~ r ~ r I 1 r, I I + f ~ r "NI; r ~g i I I r I ,f,/ ! I I I i 2 l~ SM PLAN CONCEFr STONE OW ELUWANY SOTOCL STONE CItEf]C MEWAPT °.L9100L CT LOT 9, SLO= 1, MUA" (AT AVON) Fl 1 ^ L +~~+~~T.• ..~LLp ~pqM. e_q y @ TOT Of AVON• COLAR 00 11 '~'7~Z~Li t Ex h,~- o 5 C) 8 a ~ i z Y E r z U Q ~ O m mN p O i LL ~ N LL J Er a r O .-O LD t E a ~ C~ O C O rv Q E... > Z Q k =e W O w S V o co r m 11J W ao 0 ` 0 0 YZoc~ 4 O I ui ~ , 6 O C 4 ~ > 3 ' o m W IL z o 0 1` o° O o o LULL ~z 0 p C-h OQ O w d0¢ EXHIBIT 2 FIRST AMENDMENT TO STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY STONE CREEK CHARTER SCHOOL WATER AND SEWER TAP FEE SCHEDULE - (I-INCH TAP): WATER: Town of Avon - Water Tap Fee $10,400 Traer Creek Metropolitan District-Incremental Water Tap Fee $ 5,200 Upper Eagle Regional Water Authority-Plant Investment Fee $11,172 SEWER: Eagle River Water & Sanitation District - Sewer Tap Fee $15,864 Traer Creek Metropolitan District - Incremental Sewer Tap Fee $ 3.921 TOTAL WATER AND SEWER TAP FEES $46,377 r TomcfA" PA. Bta975 4WBer1dTT3kRaad VON Awry Co MCID 81620 970-748-4n C O L O R A D O Office of the Town Manager To: Honorable Mayor and Town Co From: Lary Brooks, Town Managei Date: February 8, 2007 Regarding: Resolution 07-01, Series of 2007, Amendment to Lease Agreement between Stone Creek Elementary School and the Town of Avon Summary: Since the inception of the lease agreement entered into between the Town of Avon and Stone Creek Elementary this past July, there seems to have been confusion about the full extent of obligations set forth therein. In.recent months it has become apparent that the school would benefit from some adjustments to this lease. Specifically, they have asked for the Town to reconsider the term of the lease ( beyond one year), the amount of the restoration bond for the site ( a reduction of the current $250,000 the payment of the tap fees for the site, and a reduction of the annual lease rate. We believe that with the current information, the Town can logically accommodate a portion of the request without jeopardizing the security for the site or our fiduciary responsibility to the community. We are therefore recommending that a First Amendment to Stone Creek Elementary School Lease between Town of Avon And Stone Creek Elementary. Previous Council Action: The Town Council previously approved the current lease agreement in June of 2006 for a one year term from July 1,2006 and ending June 30,2007. On November 28, 2006, Bill Hammer was on the agenda in behalf of the school to request that the Town pay the tap fees for the property. The council expressed some concern about the progress in finding a permanent site. The council also requested a meeting of the entire board to discuss the broader issues of the short and longer term business plan of the school. On January 23rd, the Council met with entire School Board, including recently seated members to complete the body. At this meeting the board made their full request to the council, and staff was directed to make recommendations regarding the request at the next regularly scheduled meeting of February 13t", 2007. It should also be noted that the school received a list of deliverables as follows: 1. Contact information for all board members 2. Committee lists and responsibilities • 3. Demographic data as to where students live/ economic status 4. Number of students who use TOA public transportation 5. Bids that indicate restoration of land 6. Letter from Nortex for bid on modular removal • Page 2 February 8, 2007 ~A 7. SCS will contact Traer Creek/ Magnus Lindholm to request an extension on the Town alternate snow dump site - - 8. Review of other options for restoration of the Town property 9. The expansion and finance committee will provide a flow chart with anticipated annual student growth 10. The fund raising committee will provide reports on upcoming events These deliverables can be discussed during the work session. Provided the council is satisfied with the presentation of the deliverables and provided that the school can demonstrate in writing that it has satisfied the proiect creditors, we believe we can support an action plan. as articulated below. This is an important point. We received notice from at least one subcontractor for the building set up, asserting non payment.. These items must be taken care of, or an agreement in writing from these individuals declaring acceptance of an alternative payment plan, before and amendment to the agreement can be executed. Discussion: Through fairly extensive discussions with the -School Board, members, and research provided by the staff on a number of business points provided under separate cover, we make the following recommendations: 1. The term of the lease can be extended for three additional one year periods a set forth in the proposed First Amendment To the Stone Creek Elementary Lease: i 0 2. The restoration bond can be reduced:from the current $250,000 to $150,000 as set forth in a memo by the Town Engineer. 3. We believe there is justification for the Town to pay the $46,377 in tap fees for the site at this time. Again, as explained by :the Town Engineer in his memo, such a decision appears to fiscally prudent, as the return on our investments does not keep. pace with the historic and projected tap fee increases. 4. We believe the annual lease payment should stay unchanged at $21,200 per year.. There is ample evidence throughout the valley that similarly, purposed;. leases pay market rate. Even more importantly however, is the fact that. we have a.. fiduciary responsibility to this community as stewards of the public interest. Financial' Implications: The payment of the, tap fees will require a budget amendment for the appropriation-from -the Capital Improvements ,fund. The $46,377 expenditure. is not a concern'to the staff since-it would be required for further development and .use of ,the site in any event. In this case it is a one time impact with a beneficial affect on the future C.I.P. budget. Recommendation: Approve Resolution 07-01, a resolution approving amendments to a lease between the Town and Stone Creek Elementary School. 'V 1 1 • Page 3 February 8, 2007 is Alternatives: The council could choose to alter or reject any of the speck recommendations and approve an amendment accordingly, or reject the recommendation altogether. Proposed Motion: I move to approve Resolution 07-01, series of 2007, A resolution approving amendments to a lease between the Town and Stone Creek Elementary. Exhibit 1 Stone Creek Elementary School Lease Exhibit 2 First Amendment To Stone Creek Elementary School Lease • 0 Y TOWN OF AVON RESOLUTION 07- A RESOLUTION APPROVING AMENDMENTS TO A LEASE BETWEEN THE TOWN AND STONE CREEK ELEMENTARY SCHOOL WHEREAS, Stone Creek Elementary School and the Town entered into a STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY :("the School Lease") whereby the Town leased Lot,. 5, The Village at Avon, Filing 1, to Stone Creek Elementary fora term from July 1, 2006; to June 31, 2007, and at a rental of $21,500 per year; and WHEREAS, the School Lease requires a site restoration bond in the amount of $250,000; and WHEREAS, it has been demonstrated to the satisfaction of the Town Council that the financial circumstances of Stone Creek Elementary require a reduction in the amount of the rent and the site restoration bond and an extension of the term of the lease; NOW, THEREFORE, BE IT RESOLVED: 1. The FIRST AMENDMENT TO STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY, a copy of which is filed with the minutes of this meeting, is hereby approved. 2. All action heretofore taken by the officers of the Town of Avon relating to the same is hereby ratified, approved and confirmed. ADOPTED at a.regular meeting of the Town Council of the Town of Avon the 13th day of February., 2007. Ronald C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk 4.0 is 0 A 0 STATE OF COLORADO COUNTY OF EAGLE ss. Subscribed and sworn to before me on this _ day of , 2007, by Ronald C. Wolfe as.Mayor and Patty McKenny as Town Clerk of the Town of Avon. Witness my hand and official seal. My Commission expires: Notary Public • I~ FIRST AMENDMENT TO STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY A lease of property entered into between the TOWN OF AVON,. COLORADO (Town) and STONE CREEK ELEMENTARY (School) on June 13, 2006, as evidenced by the written Lease attached hereto as Exhibit 1, is hereby amended with respect to Paragraphs 5, 6, 7.3 and 10 as follows: 5. TERM OF LEASE. This Lease shall commence on July 1; 2006 and shall continue for a period of one year, ending June 30, 2007. Provided there is no default hereunder; School shall have the option to extend this Lease for three additional one-year year periods, which option shall be exercised by. notice given in writing no later than 30 days before the end of the prior lease period. At the inception of this Lease, the Premises were in use by the Town for snow storage and in the future will be a permanent public works site. On or after June 30, 2010, the Town will have a need for the premises which is recognized by the School. This Lease will therefore not be renewed or extended for any reason beyond that date. The School will inform its teachers, parents and students of this provision and will actively discourage them from any efforts, whether before the Town's council or in the press, seeking extension or renewal of this Lease. The School will provide the Town with quarterly written reports describing its efforts at locating a permanent site. 6. RENT. The School shall pay rent of TWENTY-ONE THOUSAND TWO HUNDRED Dollars ($21,200) per year. Payment of the rent for the first one- year period is acknowledged. In the event any option to extend, the lease is exercised, payment for the additional one-year period shall accompany the notice of exercise of the option. The School shall also pay any real property taxes assessed against the Premises and any additional insurance costs incurred by the Town. 7.3 Removal of Improvements. When this Lease is terminated, the School shall remove any and all improvements that it may have erected on the Premises and restore said premises to essentially the same condition which existed at the inception of this Lease, to the satisfaction of the Town. The School shall provide a restoration bond in the amount of S 150,000, in the form of cash, letter of credit or other security acceptable to the Town in its sole discretion, to guarantee its compliance with this Subparagraph. 10. UTILITIES. The School shall be responsible for payment.of all service charges for all utilities. The Town shall pay all water and sewer tap fees assessed against the Premises on the agreement and understanding that all rights and privileges purchased by payment of the fees will belong solely to the Town as owner of the property to be used for any purpose whatsoever as the Town sees fit at the termination of this lease. The School, as tenant, shall-retain no rights to sewer or water service arising from the payment of this fee upon. termination of the. tenancy. A table reflecting the various tap fees owed is attached hereto as Exhibit 2 Except as expressly amended or modified herein, all other terms and provisions of the Stone Creek Elementary School Lease Between Town of Avon: and Stone Creek_ . . Elementary remain unchanged and in full force and effect. STONE CREEK ELEMENTARY SCHOOL By: TOWN OF AVON, By: Ronald.C. Wolfe, Mayor ATTEST: Patty McKenny, Town Clerk STATE OF COLORADO. ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before, me on this _ day of , 2007, by as President of Stone Creek Elementary School, a Colorado nonprofit corporation. Witness my hand and official sea]. My Commission expires: Notary Public STATE OF COLORADO ) ss. COUNTY OF EAGLE ) Subscribed and sworn to before me on this _ day of , 2007, by Ronald' C. Wolfe as Mayor and Patty McKenny as Town Clerk of the Town of Avon. Witness my hand and official seal. My Commission expires: L,r111t317` / F) STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY 1. PARTIES. The parties to this Lease are the TOWN OF AVON, COLORADO (Town); a Colorado municipal corporation, and STONE CREEK ELEMENTARY (School),a Colorado Nonprofit Corporation. 2. PURPOSE AND AUTHORITY. The parties enter, into this Lease for the benefit of the School for the education of the children of Eagle County...C.R.S. § 3'1'-15- 713(1)(c) grants to the Town the 'right to enter into this Lease. 3. PREMISES. The Town hereby leases to the School the surface rights for the property described as Lot 5, The Village at Avon, Filing I (Premises), situated in the Town' of Avon, Colorado. Attached as Exhibit A is' a schematic map depicting the building, parking lot, playground, ' utililities and other improvements, all of which shall have the prior approval of the Town staff.". Attached as Exhibit B are elevations of the building including depiction of its exterior construction. 4. COVENANT OF QUIET ENJOYMENT. The Town warrants that it owns the Premises in fee simple, that the property is clear and clear of all liens and ;encumbrances; and that it hasthe full right and authority to enter into this Lease. The Town warrants that the School. shall enjoy the possession and use of the Premises in peace and without.disturbance or interference. 5. TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall continue for a period of one year, ending June 1. 2007. The Premises are currently in use by the Town for snow storage and in the future will be a permanent public works site. . During the term of this Lease and for the term of this Lease, the Town will enter into a lease with Traer Creak RP, LLC for a replacement site described as a part of Tract . B, The Village (at Avon), Filing 3. Upon termination of that lease, the Town will have an immediate need for the premises which is recognized by the School. This Lease will therefore not be renewed or extended for any reason. The School' will inform its teachers, parents and "students of this-provision and will actively discourage them from any efforts, whether,before the Town's councilor in the press, seeking extension or renewal of this Lease. The School will provide the Town with quarterly written reports describing its efforts at locating a permanent site. 6. RENT. The School shall pay rent of TWENTY-ONE THOUSAND TWO HUNDRED Dollars ($21,200) per year. $5.000 of which shall be due and payable on the first day of the Lease, and the balance of which shall be due and payable on October 15, 2006. The School shall also pay any real propertytaxes'assessed against the Premises and any additional insurance costs incurred by the Town. 0 Q 7. OBLIGATIONS OF THE SCHOOL. . 7.1 Use Restriction. The School shall use the Premises only for school purposes and in compliance with any and all restri ctions contained in its Charter and state law, any and all restrictions contained in the approval of a special review use by the Town and any and all restrictions contained in the approval of the The Village Design Review Board. The School shall establish'and maintain an outreach program for "at-risk'' children and shall provide evidence thereof to the Town along with quarterly reports as to the success of that program. Any non-scholastic use of the Premises shall have the prior approval of the Town staff.. In the event the School .persists in .using the Premises for a purpose other than school, purposes in violation of this Lease or violates the restrictions as aforesaid., the Town may terminate this Lease by giving prior written notice of the violation. The School shall then cease using the Premises forthe remainder of the term. 7.2 Right to Cure. Upon receipt of a notice of violation or presumption of abandonment, the School.shall have the right to. cure such violation within 10 days of such notice before the Town may terminate the School's leasehold interest for violation or initiate a civil action in the District Court for Eagle County, Colorado. 7.3, . Purchase of Improvements. When this Lease is terminated, the School shall remove any and all improvements that it may have erected on the Premises and restore said premises to essentially the same condition which existed at the inception of this Lease, to the satisfaction of the Town., The School shall provide a restoration bond in the. amount of $250,000, in the form of cash, letter of credit or other security acceptable to the Town in its sole discretion, to guarantee its compliance with this Subparagraph. 8. INDEMNIFICATION AND LIABILITY INSURANCE. To;the,extent permitted by laws, the School shall indemnify and keep harmless the Town from: 1) any expense incurred by the Town in entering into and performing this Lease; 2) any and all losses, damages, charges, or claims arising out.of the operation of a school facility on Town property, including without limitation from any violations of The Village Design Review Board and Town approvals, the- School's Charter or state law ; 3) any and all losses, damages, charges.or claims resulting from personal injury, death or property damages occurring on the Premises; and 4) any costs, including.attorney's fees, whether, of the Town Attorney or other attorneys; relating to 2) through 4) above. 8.1 The School shall place and maintain at all times, at.its sole expense, a general liability insurance policy with respect to the Premises in which the limits of liability shall.be not less two million dollars ($2,000,000) for each occurrence and with an annual aggregate coverage of not less than five million ($5,000,000). • !0 8.2 All general liability insurance required of the School shall include the Town as an additional insured and shall include a provision requiring the insurer to give the Town thirty (30) days notice prior to cancellation. 83 Certificates of insurance issued by the insurer shall be filed by.the School with 'the Town within' 10 days after the date of this Lease is executed by the School. 9. PROPERTY INSURANCE. The School shall obtain'and maintain during the term of the Lease and any renewal period, property insurance in an amount equal to or greater than the current appraised value of the school buildings and other improvements on the Premises to insure said improvements with respect to fire, flood; and other typical local, ha_,ards, and certificates of such insurance issued by. the insurer shall be filed by the School with the Town within 10 days after the date of completion of the building and other improvements. "The School agrees that if any or all of said improvements are damaged or destroyed, said damage shall be promptly repaired or'replacement improvements promptly erected on the Premises by the School, :applying thereto any insurance payments received'by it; provided; however; that if, said damage or destruction exceeds 50%0 of the current, appraised value of said improvements, the School shall be required to repair or replace said improvements only in the event it is" reasonable at that time for it to continue operating a school on the Premises. 10. UTILITIES., The School shall be responsible for all utilities furnished for the Premises. 11. MAINTENANCE. The School shall keep and maintain the Premises, including improvements and vegetation, in a good clean and healthful condition, making repairs as necessary at its sole cost and expense. The School shall be responsible for snow removal at is sole cost and expense. 12. IMPROVEMENTS. The Schoofmay, with consent of the Town staff and at its sole cost and expense, at any time-and from time to time make such alterations, changes, replacements, improvements and additions to the Premises and the buildings and. improvements thereon as it may deem desirable, including the demolition of any building, improvement, an&or structure that now or hereafter may be situate or erected on the Premises, provided that the use of the Premises as a school site is not thereby permanently terminated or abandoned, nor curtailed for a period of time longer than reasonably required to effect such alterations, changes, replacements, improvements, or additions. 13. LIENS. The School shall not suffer or permit a lien to be asserted or filed against the Premises arising tout of its-operations or activities. If a lien is asserted or filed against the Premises, the School'shalI promptly cause the lien to be removed. Upon failure to do 'so, the Town may satisfy'and cause the'lien to. be removed and the School agrees to. reimburse'"the' Towm'on demand for the costsand expenses of any such proceeding. 0 141. CONSULTATION. The parties acknowledge that, over the term of this Lease issues may arise concerning implementation of this Lease that the parties have not now contemplated.' Recognizing that a high level of cooperation between the parties is necessary and desirable, the parties agree to consult with each.other from time to time concerning this Lease. The parties further agree that their respective representatives will meet to conduct such consultation upon 10 days written request given by one party to the other party. In addition, each party shall from time to,time. designate in writing such party's "contact person" for all matters involving the administration of this Lease: 15. NOTICES. Any notice required or permitted by this Lease.shall be in writing and . shall be deemed to have been sufficiently given _for.all purposes if sent by certified or registered} mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the-'address set forth on the signature page below, or at such other. address as has been previously furnished in writing to the other party or parties. Such notice shail be deemed to have been given when deposited.in;the U.S. Mail.. 16. DEFAULT AND/OR TERMINATION. All terms and conditions of This Lease are considered material. In the event that either party defaults in the performance of any, of the covenants or agreements to be kept, done or.perform ed by and under the requirements of this Lease, the non-defaulting party shall give the defaulting party written notice of such default, and if, the defaulting party fails,. neglects or refuses for a period of more than 10 days thereafter to cure the default, then' the non-defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Lease and this Lease shall be of no further force or effect. If the non-defaulting party elects to treat this Lease as being in full force and effect, the non-defaulting party shall have the right to.an action for damages. The Towm further shall be entitled, in the event of default, 1) to correct the default itself and to assess the cost thereof to the School, together with interest at the rate of eighteen (18) percent per annum accruing from the time' of assessment and 2) to collect interest at the rate of eighteen (18) percent per annum from the time of default in the event of any monetary default. 17. WAIVER OF BREACH. The waiver by any party to this Lease of a breach of any term or provision of this Lease shall not'operate or be construed as a waiver of any subsequent breach by any party. 18. ASSIGNMENT. Neither party to this Lease shall transfer or assign any interest in the Premises without first obtaining the written consent of the other party. 19., SEVERABILITY..Ifany provision of this Lease or its application is finally determined to be invalid, void,'or unenforceable by a court of competent jurisdiction, such provision shall be deemed to be severable, and all other,provisions of this Lease shall remain fully enforceable, and this Lease shall be interpreted in all respects as if such provisions were omitted. • \1/ 20. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in. any way to define, limit, or describe the scope or intent of this Lease. 21. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Lease. 22. INTEGRATION AND AMENDMENT. This Lease represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Lease may be amended only by an instrument in writing signed by the parties. 23. NO THIRD PARTY BENEFICIARIES. None of the terms, conditions or covenants set forth in this Lease shall give or allow any claim, benefit or right of action by any third person not a party to this Lease. Any person other than the parties to this Lease '%vho or which receive services or benefits under this Lease shall be only an incidental beneficiary. 24. GOVERNING LAW. This Lease shall be deemed to have been made in the State of Colorado, shall be construed under the laws of the State of Colorado and shall be binding upon and inure to the benefit of the successors and assigns of the parties to this Lease. 25. IMMUNITIES PRESERVED. It is the intention of the parties that this Lease shall not be construed as a contractual waiver of any immunities or defenses provided by the Colorado Governmental Immunity Act, § 24-10-101 et seq., Colorado Revised Statutes. 26. DATE. IJWXL c- 1 .2006 STONE CREEK ELEMENTARY SCHOOL By._ lli.~, z.4a~ TOWN OF AVON By: - Ronald C. Wolfe, Mayor 0 I ATTEST: STATE OF COLORADO SEAL;. ss. COUNTY OF EAGLE ) Subsc 'bed and sworn to before me this - day of w , 2006, by ~4N President of Stone Creek Elementary School, a Colorad nonprofit corporation. Witness my hand and official seal. My commission expires: A z4 LAG' 4~ is •_aQ~ LZ ula'7 faG 10 STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) r The foregoing document was subscribed and sworn to before me this to day of J , 2006, by Ronald C. Wolfe as Mayor and Patty-McKenny as Town Clerk of the To tof von. My commission expires: Witness my 'f A q •`~2y a CL < a :O F OF CO My Comrr~ssion Fxpirsg Nomel-I c- d ' i ublic • • • \V~ 11 KxTslA0 MdwBY0073a.dvy 4y"I. 7.25/ 006 10:4737 A JA \A"_ 1 I 1 1 r r ti r n rr, l . I r ~ ~ ( I r I r E' r j~ ! 1 ~ r r ~ i ; ! s 1 ~ Si;a WE PLAN CONCEPT me am ELEMEWTABY SNOB STOHF CNC[K Et09MAOT SCHOOL ~T & BLOCK T, MLLAM (AT AVON) FIL04 1 r -~+~i Taw W AW. CMARI 0 .~99__ ~'L9 J U, i < T yy • ~ Y~ \15 F a ~e a¢ ~Xh~bct c.... Y t •.1::1 J _ ti 0 _ y~~T`,y~ _ • U fyV%LbL*j Aj 0 \~e • • • 3 x 0 ~ 0 Z O O O O O O O O rti O r o r ru O O 4., f0 O O P .a ~ r O ~ r X Q~ ■ OY O~ y0 0= "m f~0 y r ~ o 4 000 a Z mm m 0 a F= 0 m o G> 7G M m Moe) Co°m03 MCZ m-4 D X m N d 0O 00 O O 3- 2 T 1 0 1 o ~ v~ o Q V .r EXHIBIT 2 FIRST AMENDMENT TO,.STONE CREEK ELEMENTARY SCHOOL LEASE BETWEEN TOWN. Of AVON AND STONE CREEK ELEMENTARY STONE CREEK CHARTER SCHOOL WATER AND SEWER TAP FEE SCHEDULE - (1-INCH TAP): WATER: Town of Avon- Water Tap Fee $10,400 Traer Creek Metropolitan District-Incremental Water Tap Fee $ 5,200 Upper Eagle Regional Water Authority-Plant Investment Fee $11,172 SEWER: Eagle River Water & Sanitation District - Sewer Tap Fee. $15,864 Traer. Creek Metropolitan District - Incremental Sewer Tap Fee 3,921 TOTAL WATER AND SEWER TAP FEES $46,377