HomeMy WebLinkAboutC04-045 Eagle County School District RE-50J Partnership for Education First Amendment ~ () t.f- - l./-r:;; - I 0 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. lAsrUr~ r~ 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 G:\DHM\FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT CREATING THE PARTNERSHIP FOR EDUCATION2.DOC 3