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TC Res. No. 1981-120 RESOLUTION NO. A RESOLUTION CONCERNING THE "TOWN OF AVON, COLORADO, TOWN CENTER MALL IMPROVEMENT DISTRICT;" DESIGNATED BY THE SHORT TITLE "MALL DISTRICT CONTRACT RESOLUTION;" DECLARING THE NECESSITY OF THE MALL AND PARK IMPROVEMENTS; AWARDING THE CONTRACT FOR THE CONSTRUCTION OF THE MALL AND PARK IMPROVEMENTS IN SAID DISTRICT TO THE RESPONSIBLE BIDDER SUBMITTING THE LOWEST AND BEST BID UPON PROPER TERMS; AND PRESCRIBING OTHER DETAILS AND PROVISIONS CONCERNING SAID MALL AND PARK IMPROVEMENTS AND DISTRICT. WHEREAS, the Town of Avon (the "Town"), in the County of Eagle, and State of Colorado, is a municipal corporation duly orga- nized and existing under Article XX of the Constitution of the State of Colorado; and WHEREAS, the Town has specifically retained Denton, Harper, Marshall & Associates, consulting architects of Denver, Colorado, in connection with the Town of Avon, Colorado, Town Center Mall Improvement District; and WHEREAS, the Town Council (herein "Council") of the Town pursuant to Ordinance No.721-24 introduced August 11, 1981, created the Town of Avon, Colorado, Town Center Mall Improvement District (herein "District") and ordered the acquisition of mall and park improvements within such District; and WHEREAS, pursuant to said Ordinance No. gam, the Town Clerk with the assistance of the consulting architects gave notice of the time and place of acceptance of bids f or a negotiated contract for the construction of the mall and park improvements in the District; and WHEREAS, such notice of the taking of such bids was mailed to those firms listed on the qualified bid list prepared by the con- sulting architects, the owners of not less than sixty percent (60%) of the property to be assessed having requested, by a letter dated August $U, 1981, and assenting to the award of 'the construction con- ' -4- tract without the published notice required by Ordinance No.BZI.; and WHEREAS, upon the receipt of such bids for a negotiated contract the consulting architects recommended to the Council in writing the name of the. successful bidder, to wit: of Colorado; and WHEREAS, upon having received such written recommendation, the Council now desires to award the construction contract by this -3- resolution to the responsible bidder submitting the lowest and best bid upon proper terms. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON, COLORADO: Section 1. This resolution shall be known as and may be cited by the short title "Mall District Contract Resolution." Section 2. All action (not inconsistent with the provisions of this resolution) heretofore taken by the officers of the Town directed toward making certain local mall and park improvements, and the giving of notice to qualified bidders for the contract for the District, is hereby ratified, approved, and confirmed. Section 3. It is hereby redeclared that the mall and park improvements herein described will serve a public use and will pro- mote the health, safety, and general welfare of the citizens, inhab- itants and property owners in said District, and in said Town. Section 4. The Council determines and hereby declares that the bid for the construction of the mall and park improvements (both Phase I and Phase II) in the Town Center Mall Improvement District submitted by ►~1~ P ~t ~~.Pw,~ of , Colorado is the lowest and best bid submitted by a responsible bidder upon proper terms. Section 5. The bid for the construction of the mall and park improvements in the Town Center Mall Improvement District sub- mitted by ofu e-•~ , Colorado be, and the same hereby is accepted, said bid being awarded to the responsible bidder.submitting the lowest and best bid upon proper terms. Section 6. The Mayor and the Town Clerk, on behalf of the Town of Avon, Colorado, be, and they hereby are authorized to execute the appropriate contract documents on behalf of said Town reflecting the award of a contract by the Town with of _LLj Colorado, as soon as such contractor shall have given the undertaking (with sufficient surety, or sureties, approved by the Council) in the amount fixed by the Council for the faithful perfor- mance of the contract. Section 7. The officers of the Town be, and they hereby are, authorized and directed to take all action necessary or appropriate to effectuate the provisions of this resolution. -4- Section 8. All resolutions or parts thereof in conflict with this resolution are hereby repealed. This repealer shall not be construed to revive any order, bylaw, or resolution, or part thereof, heretofore repealed. Section 9. If any section, paragraph, clause, or other pro- vision of this resolution is for any reason held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause, or other provision shall not affect the validity of the remaining provisions of this resolution. Section 10. This resolution, immediately on its final pas- sage and adoption, shall be recorded in the book of resolutions kept for that purpose and authenticated by the signatures of the Mayor and Clerk. INTRODUCED, READ BY TITLE, PASSED, AND ADOPTED ON THIS August 18, 1981. r f 4 'oe May o Tow of Avon, Colorado (SEAL) At st Town lerk Town of Avo , Colo ado -5-