TC Res. No. 2007-38 APPROVE THE TERMINATION OF ANTOWN OF AVON
RESOLUTION NO. 07-38
SERIES OF 2007
A RESOLUTION TO APPROVE THE TERMINATION OF AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN, AVON STATION
METROPOLITAN DISTRICT, AND CONFLUENCE METROPOLITAN DISTRICT.
WHEREAS, the Town of Avon, Colorado (the "Town") has previously entered into an
Intergovernmental Agreement dated as of February 27, 2007 (the "IGA") with Avon Station
Metropolitan District and Confluence Metropolitan District (collectively, the "Districts")
concerning incremental taxes; and
WHEREAS, the Districts will enter into an intergovernmental agreement with the Avon
Urban Renewal Authority concerning incremental taxes that fulfills the purposes for which the
IGA was intended, making the IGA unnecessary; and
WHEREAS, a Termination of Intergovernmental' Agreement among the Town and the
Districts (the "IGA Termination") is on file with the Town Clerk, a copy of which is attached
hereto as Exhibit A.
. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON, COLORADO:
Section 1. , Approval of the IGA Termination. The form of the IGA Termination is
hereby approved. The Town shall execute the IGA Termination, in the form of such document
as is on file. with the Town Clerk, provided that the IGA Termination may be completed,
corrected or revised as deemed necessary by the parties thereto in order to carry out the purposes
of this resolution. The Mayor of the Town is hereby authorized and directed to execute the IGA
Termination on behalf of the Town, and the Town Clerk is hereby authorized and directed to
attest to the. IGA Termination. The execution of the IGA Termination by the Mayor and the
Town Clerk shall be conclusive evidence of the approval by the Town Council of the IGA
Termination in accordance with the terms hereof and thereof.
Section-2., Ratification. All actions (not inconsistent with the provisions of this
resolution) heretofore taken by the Town Council, or the officers, employees or agents of the
Town directed toward the execution of the IGA Termination are hereby ratified, approved and
confirmed.
Section 3. Repealer. All prior resolutions, or parts thereof, inconsistent herewith are
hereby repealed to the extent of such inconsistency.
Section 4. Effective Date. This resolution shall take effect immediately upon its
passage.
001024048\BUS_RE\1446506.1
ADOPTED this 9th day of October, 2007.
N OF,4q
TOWN OF AVON, COLORADO
S A L '
Cam-.
~~~e ADS Ronald C: Wolfe, Ma r
ATTEST:
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envy, To C erk
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001 024048\BUSRE\1446506.1
Exhibit A
IGA 'T'ermination
001024048\BUS RE\1446506.1
TERMINATION OF INTERGOVERNMENTAL AGREEMENT
BETWEEN TOWN OF AVON, CONFLUENCE METROPOLITAN DISTRICT,
AND AVON STATION METROPOLITAN DISTRICT
CONCERNING INCREMENTAL TAXES
THIS TERMINATION Of INTERGOVERNMENTAL AGREEMENT is
made and entered into as of this 9 - day of~1 2007, by and between the TOWN
OF AVON, a Colorado municipal corporation (the "Town"), the CONFLUENCE
METROPOLITAN DISTRICT, a quasi-municipal corporation of the State of Colorado,
and the AVON STATION METROPOLITAN DISTRICT, a quasi-municipal corporation
of the State of Colorado (collectively, the "Districts").
RECITALS
WHEREAS,.the Town is a Colorado municipal corporation-and the Districts are
quasi-municipal corporations of the State of Colorado; and
WHEREAS, the Town and the Districts have entered into that certain
Intergovernmental Agreement'dated as of February 27,'2007 (the "IGA") concerning
incremental taxes; and
WHEREAS, on the date hereof, the Districts have entered into an
intergovernmental agreement with the Avon Urban Renewal Authority concerning
incremental taxes that fulfills the purposes for which the IGA was intended.
NOW, THEREFORE, in consideration of the covenants and mutual agreements
herein contained, and of the receipt of other good and valuable consideration, the amount
and sufficiency of which is hereby acknowledged, the parties hereto agree as follows:
COVENANTS AND AGREEMENTS
1. Termination of IGA. The Town and the Districts hereby terminate the
IGA as of the date hereof. Neither the Town nor the Districts shall have any further
rights, duties or obligations pursuant to the IGA.
[THE REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK]
EXECUTED AS OF THE DATE AND YEAR FIRST WRITTEN ABOVE.
TOWN QYAVON
Mayor
(]:D
ATTEST By: ate L
0 1 k
CONFLUENCE METROPOLITAN AVON STATION METROPOLITAN
DISTRICT DISTRICT
By, By:
President President
ATTEST ATTEST
By: By:
Secretary Secretary
EXECUTED AS OF THE DATE AND YEAR FIRST WRITTEN ABOVE.
TOWN VON
By:
Mayor
ATTEST
By:
Town Clerk
CONFLUENCE METROPOLITAN
DISTRICT
By
4Pie
AVON STATION METROPOLITAN
DISTRICT
By:
si nt
ATTEST
By:
Secretary
ATTEST
By: o
Secretary