HomeMy WebLinkAboutC04-045 Eagle County School District RE-50J Partnership for Education First Amendment
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FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT
CREATING THE PARTNERSHIP FOR EDUCATION
This First Amendment to the Intergovernmental Agreement crea~he
ership for Education (hereinafter the "First Amendment") is made thi ay
200-, by and between the Eagle County School District RE-50J, a
p ic schoo istrict of the State of Colorado (hereinafter the "District") and the County
of Eagle, Colorado, by and through its Board of County Commissioners, a body politic
and corporate (hereinafter the "County").
WIT N E SSE T H:
WHEREAS, the County and the District entered into an Intergovernmental
Agreement (hereinafter the "IGA") on October 24th, 2001, for the purpose of entering
into a long term ground lease for a 16-acre site known as parcel A with the Colorado
Mountain College (hereinafter "CMC"); and
WHEREAS, under the IGA, Paragraph 4.1, "Governing Board," provides that the
parties shall each appoint two members to the Board. The fifth member shall be
appointed initially by the County to serve for one three-year term following which the
District shall appoint the fifth member to serve for one three-year term; and thereafter,
the parties shall alternate in appointing the fifth member who shall serve for one three-
year term. All members of the Board shall be elected public officials; and
WHEREAS, the parties desire to amend the IGA so that the fifth member of the
Governing Board shall be a member of either Berry Creek Metropolitan District or
Edwards Metropolitan District as both are located within the immediate vicinity of Berry
Creek/Miller Ranch. In addition, the fifth member shall serve a term of three years; and
WHEREAS, The District and the County agree that an amendment to paragraph
4.1 is in the best interest of the parties and will not cause undue harm.
AGREEMENT
NOW, THEREFORE, in consideration of the mutual promises set forth herein
and in the IGA, the parties agree as follows:
1. Paragraph 4.1 "Governing Board" shall be amended to read as follows:
"The parties shall each appoint two members to the Board. The fifth
member shall be an elected official selected by the board of the metropolitan district upon
which he or she sits and shall serve a three year term. Such selection of the fifth member
shall occur on a rotating basis from the following districts only, and in the following
order: (1) Berry Creek Metropolitan District, and (2) Edwards Metropolitan District.
If there is a vacancy on the Partnership Board created by the fifth member, the
Partnership shall notify the appropriate District which shall appoint a member within
thirty (30) days. In the event the Metropolitan District that has been so notified is unable
or fails to appoint a member within 30 days of a request, then the Partnership for
Education Board may notify such Metropolitan District that the fifth member will instead
be sought from the other eligible Metropolitan District.
The fifth member selected to serve from a special district noted above must
conduct themselves in accordance with the standards of conduct set forth in C.R.S. 24-
18-101 et.seq."
2. Except as herein expressly amended, the terms and conditions of the IGA
shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this First
Amendment to the Intergovernmental Agreement Creating the Partnership for Education.
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STATE OF COLORADO
2
Teak J. Simo ton, Clerk to the
Of County Commissioners
STATE OF COLORADO )
) ss:
COUNTY OF EAGLE )
___ The foregoinr. instrument was acknowledged before me this ~-day of
~ J>r~\J IPrvu,../. 200!f-by Michael L. Gallagher, as Chairman and Teak J. Simonton as
Clerk to the Bbard of County Commissioners.
Witness my hand and officiaJ Sial. 1 ~
My commission expires: ~ I v I ~(I '\ ~ . 1
~.~ /a~f2~
Notary Public
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THE PARTNERSHIP FOR EDUCATION2.DOC
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