TC Res. No. 2009-38 SECOND AMENDMENT STONE CREEK ELEMENTARYTOWN OF AVON
RESOLUTION NO. 09-38
A RESOLUTION APPROVING THE SECOND AMENDMENT AND
EXTENSION OF THE LEASE BETWEEN THE TOWN AND
STONE CREEK CHARTER ELEMENTARY SCHOOL
WHEREAS; Stone Creek Elementary School ( "Stone Creek ") has requested the Town of
Avon ( "Town ") to approve the extension of the current lease between the Town and Stone Creek
for Lot 5, The Village at Avon, Filing 1 ( "Lot 5 "), as originally approved by Resolution 06 -30
and amended by Resolution 07 -01 ( "Stone Creek Lease "); and,
WHEREAS, the Town has an alternative site for snow storage operations pursuant to the a
license agreement with the Eagle River Fire Protection District and Stone Creek has agreed to
defend the Town and pay any legal costs associated with any potential legal claims which may
arise from the Town's use of the property of the Eagle River Fire Protection District for snow
storage purposes; and,
WHEREAS, the Town Council finds that the extension of the Stone Creek Lease for one
additional year will promote the provision of school services to the Avon community and will
thereby promote the health, safety and general welfare of the Avon community and further finds
that the Stone Creek Lease of Lot 5 owned by the Town is in accordance with terms that provide
adequate compensation and consideration to the Town; and,
WHEREAS, section 2.1(a) of the Town of Avon Home Rule Charter provides that the Town
may hold and enjoy real property, and §31- 15- 713(l)(c) provides that a municipality may lease
property for a period of one year or less by resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE
TOWN OF AVON that the Second Amendment and Extension of the Stone Creek Lease
attached hereto as Exhibit A is hereby approved.
ACCEPTED, APPROVED AND ADOPTED this 24th day of Nover, 2009.
AVON TOWN COUNCIL
[Seal]
Attes
By:
Ronald C. Wolfe, Mayor
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 13, 2006, as evidenced
by the written Lease attached hereto as Exhibit 1, is hereby amended with respect to
Paragraphs 5, 6, 7.3 and 10 as follows:
TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall
continue for a period of one year, ending June 30, 2007. Provided there is no
default hereunder, School shall have the option to extend this Lease for three
additional one -year year periods, which option shall be exercised by notice given
in writing no later than 30 days before the end of the prior lease period. At the
inception of this Lease, the Premises were in use by the Town for snow storage
and in the future will be a permanent public works site. On or after June 30.
2010, the Town will have a need for the premises which is recognized by the
School. This Lease will therefore not be renewed or extended for any reason
beyond that date. The School will inform its teachers, parents and students of this
provision and will actively discourage them from any efforts, whether before the
Town's council or in the press, seeking extension or renewal of this Lease. The
School will provide the Town with quarterly written reports describing its efforts
at locating a permanent site.
6. RENT. The School shall pay rent of TWENTY -ONE THOUSAND TWO
HUNDRED Dollars ($21,200) per year. Payment of the rent for the first one -
year period is acknowledged. In the event any option to extend the lease is
exercised, payment for the additional one -year period shall accompany the notice
of exercise of the option. The School shall also pay any real property taxes
assessed against the Premises and any additional insurance costs incurred by the
Town.
7.3 Security Deposit. When this Lease is terminated, the School shall
remove any and all improvements that it may have erected on the
Premises and restore said premises to essentially the same condition
which existed at the inception of this Lease, to the satisfaction of the
Town. To secure the foregoing obligation as well as all other
obligations owing pursuant to the terms of this Lease, the School
shall provide a security deposit in the amount of $150,000. in the
form of cash, letter of credit or other security acceptable to the Town
in its sole discretion. In the event the Town draws down any part of
such security deposit, the School shall restore the amowlt of it to
$150,000 within 30 days thereof
10. UTILITIES. The School shall be responsible for payment of all service charges
for all utilities. The Town shall pay all water and sewer tap fees assessed against
SECOND AMENDMENT TO STONE CREEK ELEMENTARY HOOL LEASE
BETWEEN TOWN OF AVON AND STONE CREEK ELEMENTARY
A lease of property described as Lot 5, The Village At Avon, Filing 1, Town of Avon, Colorado entered
into between! the Town of Avon, Colorado ( "Town ") and Stone Creek Elementary, dba Stone Creek
Charter School ( "School ") on June 13, 2006, and as amended by the First Amendment on March 21, 2007
(collectively the "Stone Creek Lease "), is hereby amended with respect to paragraph 5 and with respect to
the addition of a new paragraph 7.4 which shall read as follows:
Paragraph 5 of the Stone Creek Lease is amended in its entirety to read as follows:
5. TERM OF LEASE. This Lease shall commence on July 1, 2006 and shall continue until June 30,
2011. At the inception of this lease, the Premises were in use by the Town for snow storage and in
the future will be a permanent public works site. On or after June 30, 2011, the Town will have a
need for the premises which is recognized by the School. This Lease will therefore not be renewed or
extended for any reason beyond that date. The School will inform its teachers, parents and students
of this provision and will actively discourage them from any efforts, whether before the Town's
council or in the press, seeking extension or renewal of this Lease. The School will provide the Town
with quarterly written reports describing its efforts at locating a permanent site.
The Stone Creek Lease is hereby amended to add a new Paragraph 7.4 which reads as follows:
7.4 DEFENSE OF TOWN. The School acknowledges that the Town could use the premises for snow
storage purposes but has entered into a license agreement with the Eagle River Fire Protection
District to use Tract E, Final Plat, Village at Avon, Filing 3, Town of Avon, Colorado ( "Tract E "), for
snow storage purposes. In the event that any party challenges the Town's right to use Tract E for
snow storage purposes, the School agrees to provide a legal defense of the Town's right to use Tract
E and pay for all costs associated with such defense. If at the time of the challenge, the Town is not
then storing snow on Tract E, the School may provide a substantially similar alternative site for snow
storage purposes in lieu of providing the legal defense described above. Furthermore, the School
agrees to indemnify the Town, hold it harmless and reimburse the Town for any costs or damages
incurred by the Town in its use of Tract E for snow storage purposes and /or any costs or damages
incurred by the Town's use of an alternative site for snow storage; provided that the School shall not
indemnify and hold the Town harmless for costs or damages arising from the Town's gross
negligence or willful misconduct. .
SECOND AMENDMENT TO THE LEASE APPROVED THIS 24`h DAY OF NOVEMBER 2009
STONE CREEK ELEMENTARY
By:
Stone Creek Ch r School
TOWN VON
By
Mayor o Avon
H E I L LAW AND PLANNING LLC
MEMORANDUM
TO: Honorable Mayor Wolfe and Town Council members
CC: Larry Brooks, Town Manager
FROM: Eric Heil, Town Attorney
DATE: November 17, 2009
SUBJECT: 2nd Amendment to Stone Creek Elementary lease
Summary: The 2nd Amendment to the Stone Creek Elementary lease is presented for
your consideration. This 2 "d Amendment extends the term one year until June 30, 2011
and adds language concerning Stone Creek Charter's obligation to indemnify the Town
for any costs associated with snow storage disputes.
This 2nd Amendment to the Stone Creek Elementary lease can be approved by
resolution because it is for only one year. The original lease and the 1 gt Amendment are
included with this memorandum for your convenience.
Requested Council Action: Consideration of the 2nd Amendment to the Stone Creek
Elementary lease,
Heil Law and Planning, LLC
1499 Blake Street, Unit 1 -G Eric Hell, Eaq„ A.I.C.P,
Denver, Co 80202 Direct Tel 303.973.6120
erichelllaw @yahoo.com
TOWN OF AVON, COLORADO
RESOLUTION NO. 09-40
SERIES OF 2009
A RESOLUTION CANCELING A REGULAR TOWN COUNCIL MEETING
WHEREAS, the second and fourth Tuesdays in each month are set aside for the
regular meetings of the Town Council of the Town of Avon; and
WHEREAS, the fourth Tuesday in December 2009, falls within the Holiday
timeframe;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Avon, Colorado, that:
The regular meeting of the Town Council scheduled for Tuesday, December 22,
2009 is hereby vacated and canceled.
ADOPTED this 24th day of November 2009.
TOWN COUNCIL
f
TOWN OF AVON, COLORAI
Ronald C. Wolfe, Mayor
ATTEST:
y M Kenny, Town dierk