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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 All prior resolutions, or parts thereof, inconsistent herewith are hereby repealed to the extent of such inconsistency.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: nwt. eJ c envy, To C erk 2 001 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