HomeMy WebLinkAboutR88-111 Civil Action against Benchmarkf
Commissioner A) moved adoption
of the following Resolution:
175:_•1 • •
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 88 -1/ 1
WHEREAS, on April 11, 1975, Benchmark at Beaver Creek, a
Colorado limited partnership (Benchmark), Vail Associates, Inc.,
a Colorado corporation (Vail) and Eagle County, Colorado (Eagle
County) entered into an Agreement (1975 Agreement) which provided,
in pertinent part, that Benchmark agreed to convey fee simple title
to certain real property generally referred to as Tract P by a
general warranty deed to Eagle County or to Eagle County's designee
for use as a school site subject to certain conditions and
restrictions, none of which are relevant to this matter; and
WHEREAS, on May 27, 1988, the Board of Education of School
District RE -50J, through its Superintendent, made a request to
Eagle County and explained to Eagle County that:
"Securing title for this property is
this time because it appears that the
opening of the new elementary schools
1991 in order to accommodate the
enrollment in our school district.
require a 1989 construction start and
for us to go to the voters very soon
needed to fund the construction. The
and the detailed planning that must b
eof high importance at
proposed 1992 date for
may need to be moved to
increased elementary
A 1991 opening would
would make it necessary
to pass the
selling of
done by our
is, site specific. That s, if we are going to
the need for a school and promote the passage of a
parents and taxpayers will need to know where the
be located and what the school plant itself will
and
bond issue
a bond issue
architects
communicate
bond issue,
school will
include. ";
WHEREAS, by letters dated June 8, 1988 and August 16, 1988,
Eagle County made formal demands on Benchmark to convey Tract P to
Eagle County's designee, Eagle County School District RE -50J; and
WHEREAS, Benchmark has failed and refused to convey Tract P
to the District;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
r '
y l
THAT the Board of County Commissioners of Eagle County,
Colorado, directs its Attorney to join with the District in
initiating a civil action against Benchmark and any other ap-
propriate defendants, seeking a Court Order requiring Benchmark to
convey title to the District and seeking such other further relief
as may be appropriate; and,
BE IT FURTHER RESOLVED that the Board of County Commissioners
of Eagle County authorizes and directs the Eagle County Attorney
to act as co- counsel in such civil action with the attorney for
Eagle County School District RE -50i and, acting in such capacity,
to furnish necessary and appropriate legal services.
MOVED, READ AND ADOPTED by the Board of County
Commissioners of the County of Eagle, State of Colorado, at its
regular meeting held the � day of 1988.
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
By: vLi.�� � By: e A • ,-: ,2,'
Clerk of the Board of George- Gates, Chairman
C unty Commissioners
Commissioner seconded adoption of
the foregoing resolution. The roll having been called, the vote
was as follows:
Commissioner George A. Gates
Commissioner Donald H. Welch flbS2� 1—
Commissioner Richard L. Gustafson
This Resolution passed by A -t d vote of the Board of County
Commissioners of the County of Eagle, State of Colorado.
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