TC Res. No. 2006-51 STONE CREEK ELEMENTARY SCHOOL LEASE - First Amendment (Tapk
MEMO Si~ O ` 5
TO:. Honorable Mayor and Town Council
-FROM: Elizabeth Pierce-Durance, Assistant Town Attorney
DATE: November 20, 2006
RE: Stone Creek Elementary School Lease - First Amendment (Tap
Fees)
At a meeting, held on November 14, 2006, the Council, voted to amend its
property lease with Stone Creek Elementary. School ("School") to 'reflect the
Town of Avon's willingness and agreement to pay a $10,400.00 water.tap fee, as
requested by the School, while retaining all the rights and privileges associated
with that purchase. Specifically, Councilor Ferraro moved to amend the lease
between the Town of-Avon and Stone Creek Elementary School to provide that
the Town-will pay the $10,400 tap fee and that the tap stays with the property
and is credited to the Town's property upon Stone, Creek's departure of the
premises. Councilor Sipes seconded the motion and it passed with a four-to-two
vote (Underwood and McDevitt nay).
Attached therefore is a proposed Lease amendment, reflecting the
Council's agreement.
-rd , n I 'Ln f4 to
TON'VN OF AVON
RESOLUTION 06-
A RESOLUTION APPROVING AN AMENDMENT TO A
LEASEBETWEEN THE TOV1'N AND STONE CREEK
ELEMENTARY SCHOOL
WHEREAS. Stone Creek Elementary School has requested that the Town pay or
waive tap fees on its behalf as tenant of Lot 5. The Village at Avon. Filing 1 ("Lot 5j; and
WHEREAS, the Town is 1,7,7i]]ing to pay that fee while retaining to itself and for the
Premises all the rights and privileges purchased thereby:
NOW. THEREFORE, BE IT RESOLVED:
1. An Amendment to the School Lease. a copy of which amendment is filed with
the minutes of this meeting, is hereby approved.
ADOPTED at a regular meeting of the Town Council of the Town of Avon the 28th
day of November 2006.
Ronald'C. Wolfe, Mayor
ATTEST:
Patty McKenny, Town Clerk
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 l3, 2006, as evidenced
by the written Lease attached hereto as Exhibit 1, is hereby amended to replace in its
entirety paragraph 10 of the written Lease with the following agreement:
10.. UTILITIES The School shall be responsible for all utilities furnished . for. the
Premises, with the following exception: the Town shall pay a Town of Avon water tap
fee in the amount of $10,400 ("the fee'), which fee shall either be paid directly by the
Town to the Eagle River Water and Sanitation District or reimbursed by the Town to the
School if already paid. The Town shall pay this fee on the agreement and understanding
that all rights and privileges purchased by payment of the fee will belong solely to the
Town as owner of the property to be used for any purpose whatsoever as the Town sees
ft 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 by the School as tenant of the property,
including the Town of Avon water tap fee referred to herein, is attached hereto and shall
now constitute Exhibit C to the Lease.
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:
ATTEST:
Ronald C. Wolfe, Mayor
3
Is'
Patty McKenny, Town Clerk
STATE OF COLORADO )
ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me on this _ day of , 2006
by as President of Stone Creek Elementary School, a Colorado
nonprofit corporation.
Witness my hand and official seal.
My Commission expires:
Notary Public
STATE OF COLORADO
ss.
COUNTY OF EAGLE )
Subscribed and sworn to before me on this _ day of . 2006
by Ronald C. Wolfe as Mayor and Patty Bierle McKenny as To\Am Clerk of the Town of
Avon.
Witness my hand and official sea].
My Commission expires:
Notary Public
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