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TC Res. No. 1995-35RESOLUTION NO. 95- 35 A RESOLUTION AUTHORIZING THE CONVEYANCE OF REAL PROPERTY TO EAGLE COUNTY SCHOOL DISTRICT RE 50J WHEREAS, the Town of Avon ("the Town"), and the Eagle County School District Re 501 ("the School District") entered into a Joint Use Agreement dated August 24, 1988, relating to a portion of Tract P, Block 2, Benchmark at Beaver Creek, Town of Avon, County of Eagle and State of Colorado ("the Agreement"); and WHEREAS, the Agreement was terminated by the School District effective July 1, 1995; and WHEREAS, the Agreement provides that, upon termination, the Town shall deliver to the School District a deed or bill of sale quit claiming to the School District all of the Town's right, title, and interest in and to said portion of Tract P and any improvements constructed thereon; NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Avon, Colorado, that the proper officers of the Town are authorized to deliver to the School District a quitclaim deed, a copy of which is attached hereto. ADOPTED the 13tYday of Jun , 1995. Mayor TEST: Town Cler Recorded at _ Reception No o'clock fv ; Recorder QUITCLAIM DEED THIS DEED, Made this ,kkaCN day of June 1995 , between TOWN OF AVON of the 'County of Eagle and State of Colorado, grantor(s), and FAME COUNTY SCHOOL DISTRICT RE 5W whose legal address is of the County of Eagle and State of Colorado, grantee(s), WITNESSETH, That the grantor(s), for and in consideration of the sum of EN DOILMS AND OTHER GOOD qM VALUABLE CONSIDERATION-----------------------=Mb the receipt and sufficiency of which is hereby acknowledged, ha s remised, released, sold and QUITCLAIMED, and by these presents do eS remise, release, sell and QUITCLAIM unto the grantee(s), its XXft successors and assigns, forever, all the right, title, interest, claim and demand which the grantor(s) ha s in and to the real property, together with improvements, if any, situate, lying and being in the county of Eagle and State of Colorado, described as follows: A portion of Tract P, Block 2, Bencbnark at Beaver Creek, Town of Avon, County of Eagle and State of Colorado, being more particularly described in Exhibit "A", attached hereto and made a part hereof. also known by street and number as: TO HAVE AND TO HOLD the same, together with all and singular the appurtenances and privileges thereunto belonging or in anywise thereunto appertaining, and all the estate, right, title, interest anCdc ~claim whatsoever, of the grantor(s), either in law or equity, to the only, ply use, benefit and behoof of the grantee(s) its/ SUX)IDipts~anrd assigns forever. Irf iti(Tj NESSt WHEREOF, The grantor(s) ha s executed this deed on the date set fo above. " • TOM AVON BV , mayor U OF COLORADO, County of Eagle The foregoing instrument was acknowledged before me this bAlbert J. Reynolds, a Mayor, and Patty of Avon. My commission exp) -p SM08 NOISSIMOO AB ,19 TqO 9. 1 i *If in Denver, insert , \'k 4h day of June 1995 s- Neyhart. as Town Clerk, of the Town my hand a6t~fticial seal. A ~ .1 I Na 933. Rev. 6-92. QurraLAIM DEED - 10 Bradford Put4is Hm 1743 waaee SL, Demeti Co 80202 - (303) 292-2500 - 6-93 EXHIBIT "A' A parcel of land lying partially within tract G, Block 2, Benchmark at Beaver Creek Subdivision, Eagle County, Colorado, being more particularly described as follows; Beginning at the southeasterly corner of Tract-P, Benchmark at Beaver Creek, Amendment No. 4, town of Avon, Eagle County, Colorado, said point also lying on the north right-of-way of the Denver and Rio Grande Western Railroad; thence along said right-of-way line 187.00 feet along the arc of a curve to theo left, whose radius is 2914.93 feet and Whose chord bears 'M h 48' 25" W. 186.97 feet; thence departing said ri vht-~of-way line N 180 25' 32" E 329.73 feet; thence S 730 27' 22 E, 220.96.feet to a point on the easterly line of Tract P, said line also being the common line between-said Tract P and Tract G, Block 2, benchmark at Beaver Creek; thence S 240 01' 52" W, contai containing 69,0 113 ssaid quare afeet or11.584oacres, moreoorblessning, contain g 3 ` AGREEMENT THIS AGREEMENT is entered into this 24th day of August, 1988, between the Town of Avon, Colorado, a municipal corporation, hereinafter called "the Town" and Eagle County School District Re5W, hereinafter called "the School District", a governmental subdivision of the State of Colorado. WHEREAS the Town of Avon has embarked upon a program of improving a portion of a parcel of land now described as Tract P, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado, designated for a school site. Said portion of parcel is further described as: A.parcel of land lying partially within tract G, Block 2, Benchmark at Beaver Creek Subdivision, Eagle County, Colorado, being more particularly described as-follows: .Beginning at the southeasterly corner of Tract P, Benchmark at Beaver Creek, Amendment No. 49 Town of Avon, Eagle County, Colorado, said point also lying on the north right-of-way of the Denver and'Rio Grande Western Railroad, thence along said right-of-way line 187.00 feet along the arc of_a curve to the left,, whose radius,is 2914.93 feet and whose chord bears N 670 48' 25" W, 186.97 feet; thence departing said right-of-way line N 180 25' 32" E 329.73 feet; thence S 730 27' 22" E, 220.96 feet to a point on the easterly line of Tract P, said line also being the common line between said Tract P and Tract G, Block 2, Benchmark at Beaver Creek; thence S,240 01' 52" W, 350.95 feet along said easterly line to the point of beginning, containing 69,013 square feet or 1.584 acres, more or less. WHEREAS the School District may at sometime in the future be the record owner of the above described real property,,and if so, is agreeable to joint and mutual use of said portion of Tract P by the the School District and the Town; and WHEREAS the Town desires to cooperate with and protect the School District; NOW, THEREFORE, in consideration of the performance of each of the agreements and covenants set forth,.the Town and the School District agree as follows: 1. School District's use for educational purposes is of paramount use. 2. A nonexclusive use agreement is granted by the School District to the Town of Avon to construct an athletic field and related outdoor recreation facilities on said portion of Tract P as described above. 3 The athletic field area, as used in this agreement, shall require the leveling and grading of said area along with the construction of related outdoor recreation facilities. It is understood and agreed that final plans for the athletic field area have been approved by the School District. 4. The intent of this agreement is to prioritize use based on demand as mutually agreeable between parties to allow maxi- mum utilization of the improvements to accomodate both first priority to the School District for use of premises and second priority to the Town. It-is further agreed that typical use by the Town shall occur after school hours dur ing normal school calendar and during the summer as defined by the normal school calendar. In the event that the -School District will need to use said portion of Tract P .during normal use-time by the Town, the School District will provide 10 days advance notice to the Town for use during normal school year and will notify the Town of any .summer use-no later than April 15 of any calendar year. 5.' The Town shall not make any substantial structural alter- ations or changes in said facilities without the written approval of the School District. 6. The Town agrees fully to save harmless and defend the School District and the School District's Directors, Officers, Employees, and/or Agents personally from all suits, actions, demands, expenses or claims in law or in equity, arising out of the execution of this Agreement, or the design, engineer- ing, use, construction, and maintenance of the real property herein described. The Town shall be responsible for any liability resulting from any litigation and shall pay the costs of suit, attorneys' fees, appellate costs, and any other costs or expenses which may be assessed against the School District's Directors, Officers, Employees, and/or Agents personally as'a result of any suit, demand, or claim fi.l ed concerning this Agreement. 7. The premises shall be used solely for the facility and,pur- pose described herein or for such other purposes as the School District may approve. The Town wil not carry on or permit upon the premises any offensive,, noisy, or dangerous activity or any nuisance to the public or to the adjoining neighbors. The Town,will pay, upon demand, any damages to the premises caused by the misuse of same by the Town or Town's agents_ or by the Town's employees. The Town shall not exercise any control over the-routine use of the fac- ilities by the School District. The School District shall be responsible to pay upon demand by, the Town for any dam- ages to the premises caused by the misuse of same by the School District, or School District's agents, or by the School District's employees. 8. The Town agrees to maintain, at the Town's expense, public liability insurance with property, bodily and personal injury limits of no less than statutory limitations as def- ined in Colorado Governmental Immunity Act, Article 10, Section 24-10-114 with an amount of $150,000 per occurrence and $400,000 aggregate on said athletic field and related outdoor recreation facilities, in the name of the Town, or in the name of the Town and the School District. Said pub- lic liability insurance shall cover liability for injuries resulting from the use to be made of said facilities by the Town. 9. The Town agrees to keep said facilities insured against loss or damage by fire or other casualty as part of the Town's insurance coverage. The Town further,agrees that if said facilities are damaged, or destroyed by fire, the 'Town will proceed with due diligence to repair or restore the same to the condition existing before such damage or destruction, and, as soon as possible thereafter, will allow the'School District to make use of'said facilities in accordance with the rights of the School District set forth herein. If,,in the opinion of the parties hereto, it is not feasible to repair or rebuild the said facilities in case of total destruction or severe damage by fire or other casualty, then either party shall have the right to terminate this Agreement instead of rebuilding the improve- ments. 10. The school District further agree to maintain, as part of the School District's insurance coverage, liability insurance with property, bodily and personal injury limits of no less than statutory limitations as defined in Colorado Governmental Immunity Act, Article 10, Section 24-10-114, with an amount of $150,000 per occurrence and $400,000 aggregate on said property as approved by the'School Dis- trict pursuant to the terms of the Agreement, except as otherwise provided. 11. The Town agrees to pay promptly when due and payable, all charges for electricity, water, sewage, trash collection, gas and other utilities as related to the improvements heretofore mentioned. 12. The Town shall.be responsible for the coordination of all non-school related activities. The School District shall be responsible for the coordination of all school related activities and-shall have priority over use of facilities. 13. No amendment or modification of the Agreement shall be valid or binding unless reduced to writing,-formally approved by the Town Council of the Town of Avon and the School Dis- trict's Board of Education and executed by the President of the Board of Education.and appropriate officials of the Town of Avon hereto in the same manner as this Agreement is executed. 14. This Agreement contains the entire agreement of the parties and all negotiations and understandings have been merged herein. 15. Both parties shall have the right to terminate this Agree- went effective on July 1 of any year hereafter provided that either party give the other party written notice of such termination not later than the preceding November 1, and further provided that the Town delivers to the School District on or before the effective,date of such termination a deed or bill of sale quitclaiming-to the School District all of the Town's right, title, and interest in and to said facilities. Such termination shall "relieve either party .from any further- obligations under this Agreement. IN WITNESS WHEREOF, the parties. hereto have hereunto set their hands and seals the day and year first above written. TOWN OF AVON ATTEST: BY ~ i I 'D L'o ,C 1 ayor EAGLE COUNTY SCHOOL DISTRICT RE50J BY: f President oard ouc°a`~`o 0,4~ ecr ry E~Xy181 i A 1 n= {d , ~t" c = a.,V-.r..s' eon CH a /V Z4'Z4'44 c t 223. TL' JOARCL9 L ,Lr;.er~GE~ ;..ter p /°2, 204 SQ- FT. 4.4t4 RC. Q ~ O moo. y _ c z- TR-AC C N 1 ~ Pa R tai f N - 1 V t 1 -JOAMCFEL SALL 10 iRV01V WATLR ?fCE~4TMtJU -1.-84 AG.- A`e _ pLAt~IT srre Y_i « :?'.STS:..,. .et, :-"~`L• ~ _ - - - Z • is mitt 1.;,... 7 c• ~i~ - • _ - _ - 'r :,T•`+°~'?'l0.9-`+y., ~ ,tom', - - a - - - d 0040-3 ft= Z4114.cl3 • ric;