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TC Res. No. 1996-56TOWN OF AVON RESOLUTION NO. 96-56 A RESOLUTION APPROVING AN ADDENDUM TO THE AGREEMENT FOR ASSUMPTION OF WATER SERVICE BETWEEN THE ANON METROPOLITAN DISTRICT AND THE TOWN OF ANON AND RELATING TO THE AVON VILLAGE RECEIVABLE AND CERTAIN COST RECOVERY AGREEMENT'S WHEREAS, the Avon Metropolitan District and the Town have entered, into an Agreement for Assumption of Water Services dated as of-the 1st day of January, 1996 ("the Assumption Agreement"); and WHEREAS the Assumption Agreement did not assign to the Town a receivable in the amount of $34,000 owing by EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC and PVRT NOTT III LLC, Colorado limited liability companies (collectively "EMD"); and WHEREAS the Assumption Agreement did'not provide for assumption by the Town of responsibility for cost recovery agreements entered into by the District with respect to Mountain Star Subdivision and Nottingham Station Subdivision; NOW, THEREFORE, HE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF AVON that the Addendum to Agreement for Assumption of water Services, a copy of which is filed in the minutes of this meeting, is approved and the officers of the Town are authorized to affix their signatures thereto. PASSED MUD ADOPTED at a regular meeting on November 26, 1996. TOWN OF AVON Sal'_ f~ Mayjr A 7 ST: ~ Tdwn Clerlq ADDENDUM TO AGREEMENT FOR ASSUMPTION OF WATER SERVICES THIS ADDENDUM TO AGREEMENT FOR ASSISMPTION OF WATER SERVICES is entered into as of the 1st day of January, 1995, between the TOWN OF AVON, a municipal corporation ("the Town") and the AVON METROPOLITAN DISTRICT, a quasi-municipal corporation ("the District"); WITNESSETHI that, WHEREAS, the parties have entered into an Agreement for Assumption of Water Services dated as of the 1st day of January, 1996 ("the Assumption Agreement"); and WHEREAS the Assumption Agreement did not assign to the Town a receivable in the amount of $34,000 owing by EMD Limited Liability Company, PVRT NOTT I LLC, PVRT NOTT II LLC and PVRT NOTT III LLC, Colorado limited liability companies (collectively "EMD") ; and WHEREAS the Assumption Agreement did not provide for assumption by the Town of responsibility for cost recovery agreements entered into by the District with respect to Mountain Star Subdivision and Nottingham Station Subdivision; and WHEREAS, it is the desire of the parties to make provision for the aforesaid pending matters; NOW, THEREFORE, the Assumption,Agreement is amended by the addition of the following provisions: 1. Assumption of Receivable. The District hereby assigns to the Town the receivable in the amount of $34,000 owing by EMD. 2. Respolisibility for Cost Recovery Agreements Responsibility for performance of the obligations contained in the cost recovery agreements relating to Mountain Star Subdivision and Nottingham Station Subdivision is hereby assumed by the Torn. IN WITNESS WHEREOF, the parties have entered into this addendum as of the date first above written. AVON METROPOLITAN DISTRICT By: President ATTEST: Secr~ary i TOWN OF AVON By: "-N Mayor 4 ATT Town, Cle k ' . 4~