HomeMy WebLinkAbout2018-09 Approving the First Amendment to Lease Agreement between TOV and Eagle County School DistrictRESOLUTION NO. 9
Series of 2018
A RESOLUTION APPROVING THE FIRST AMENDMENT TO LEASE AGREEMENT BETWEEN
THE TOWN OF VAIL AND THE EAGLE COUNTY SCHOOL DISTRICT; AND SETTING FORTH
DETAILS IN REGARD THERETO.
WHEREAS, the Town of Vail (the "Town"), in the County of Eagle and State of Colorado is
a home rule municipal corporation duly organized and existing under the laws of the State of
Colorado and the Town Charter (the "Charter");
WHEREAS, the members of the Town Council of the Town (the "Council") have been duly
elected and qualified;
WHEREAS, the Eagle County School District (the "District") is a State of Colorado school
district duly organized and operated pursuant to Article IX of the Colorado Constitution and C.R.S.
§ 22-30-101, et seq.;
WHERRAS, on April 12, 2006, the Parties entered into a lease of certain real property
owned by the Town to the District for the Red Sandstone Elementary School, (the "Lease");
WHEREAS, the term of the Lease is through June 30, 2035;
WHEREAS, by an Intergovernmental Development the Parties agreed to construct a
parking structure on a portion of the Property not needed by the District for the Red Sandstone
Elementary School; and
WHEREAS, now the Parties wish to amend the Lease with to modify the leased premises
to exclude the parking structure.
NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF
VAIL, COLORADO THAT:
1. The First Amendment to Lease is hereby approved in substantially the same form
attached hererto as Exhibit A and in a form approved by the Town Attorney, and
the Town Manager is hereby authorized to execute the First Amendment to Lease
on behalf of the Town.
2. This resolution shall take effect immediately upon its passage.
INTRODUCED, PASSED AND ADOPTED at a regular L eeting of the Town Council
of the Town of Vail held this 20th day of March
ATT
Patty y,
Town
Resolution No. 9, Series of 2018
ave Chapi
Mayor of the Town of Vail, Colorado
EXHIBIT A
FIRST AMENDMENT TO LEASE
THIS FIRST AMENDMENT TO LEASE (the "Amendment") is made this day
of , 2018 (the "Effective Date"), by and between the Town of Vail, a Colorado
home rule municipality with an address of 75 South Frontage Road, Vail, Colorado
81657 (the "Town"), and the Eagle County School District, a Colorado school district
with an address of 948 Chambers Avenue, P.O. Box 740, Eagle, Colorado 81631 (the
"District").
WHEREAS, the District is a State of Colorado school district duly organized and
operated pursuant to Article IX of the Colorado Constitution and C.R.S. § 22-30-101, et
seq.
WHEREAS, the Town is a Colorado municipality organized and operated
pursuant to its home rule charter and Colorado law;
WHEREAS, on April 12, 2006, the Parties entered into a lease of certain real
property owned by the Town to the District for the Red Sandstone Elementary School,
recorded in the records of the Eagle County Clerk and Recorder at Reception No.
200619320 (the "Lease");
WHEREAS, the term of the Lease is through June 30, 2035;
WHEREAS, by an Intergovernmental Development Agreement dated
, 2017, the Parties agreed to construct a parking structure on a portion of the
Property not needed by the District for the Red Sandstone Elementary School; and
WHEREAS, now the Parties wish to amend the Lease to modify the leased
premises to exclude the parking structure.
NOW, THEREFORE, in consideration of the mutual performance of the
covenants, agreements, and stipulations contained herein, the sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. The Lease is hereby modified as follows:
a. Exhibit A-1, attached hereto and incorporated herein by this reference, is
hereby substituted for Exhibit A in the Lease and shall be referred to as the "Premises."
b. The driveway, as depicted on Exhibit A-1, will be open to public use and
emergency access.
c. The location and use of the Premises are subject to all easements of
record now existing or hereafter granted by the Town.
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2. All remaining provisions of the Lease shall remain unchanged and in full force
and effect.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the
Effective Date.
ATTEST:
ATTEST:
Patty McKenny, Town Clerk
EAGLE COUNTY SCHOOL DISTRICT
TOWN OF VAIL
Greg Clifton, Town Manager
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