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HomeMy WebLinkAboutC74-19 MOU with TOW for animal shelterME.**07A_:0UOF AGREE -ENT. THIS _1E_:ODA_.D'.7_1 OF AGREE?'ENT, rade and entered into t:iis 31st day of December, 1974, by and betueen the C0lj:1TY.OF EAGLE, STATE OF COLORADO, hereinafter referred to as t:e "County", and the TO,'.'N Or VAIL, COLORADO, hereinafter referred to as the "Town", T,ITNESSETIi; WHEREAS,, the County and the To:en have each acreed to e::_end a sun not to exceed $25,000.00 to develop and construct the Lagle County/To-,.n of Vail Anir.,al Shelter for $50,000.00 or less on a parcel of land situated within the Countv in Eagle - Vail xhich will be dedicated to then'for that purpose; i:IIE?EAS, the Torn adopted Resolution No. 17, Series of 1974, authorizing a s-pecial appronriation in. the sura of $15,000.00 for the develornent and construction of said shelter and ,:ill appropriate an additional $10,000.00 for this project; an C `!.HIEREAS, the Countv %.:ill adopt in a tinely napper suca resolutions as are required to appropriate $25,000.00 -or its share of the aforesaid costs of said shelter; 'ri01%, THEREFORE, III CONS IDE RATIO OF THE FOREGOII:G FWCITALS i_iiD THE MUTUAL COVE IA :TS COaTAiNrD HEREIN IT IS AGREED DY T_ -.E ^T.RTIES HERETO AS FOLLOWS: 1. The Count_ and the To-rn shall jointly develo_ and construct the Eagle Count,.?/'.o-.-;n of Vail Animal Shelter at a cost of app ro::inatel, . $50,000.00 in accordance :ni th the pro- visions hereof and be to joint o:'-ners thereof, each o:rning an unr:iv_ded one-half interest in said develonnent. 2. Said aninal shelter shall be constructed on a certain. _.arcel of land situated partialiv within Lot 1 and Lot 4, :acle-Fail Cormercial Service Center subdivision, Count•l of Eagle, State of Colorado, cc: -prising approximately 0.135 acre or 5,8802 square feet, -hick parcel shall be gratuitously R` dedicated to the Countv and the To:•rn jointly by Grouse Mountain at Fail, Ltd., a Colorado Limited Partnership. n . aka w v 3. Crouse !:ountain at Vail, Ltd., has constructed said animal shelter for approximately $50,000.00 of which sura one-half shall be paid by the County and one-half shall be paid by the Town on terns which are satisfactory to -the parties hereto. 4. Said animal shelter shall be ooerated jointly by the County and the Town either directly or through contracts with third parties. 5. Tile parties agree to engage a qualified person, who shall be an employee of the County, to operate said shelter. Commensation for said employee shall be $500.00 per month i�.=hich shall be paid by the County. The Town agrees to reimburse the County for one-half of said compensation. 6. It is contemplated by the parties hereto that said ,�;_animal ,shelter _shall rbe ,operated on"the basis that the County and the Town will each pay one-half the maintenance and operation expenses, including building upkeep and repairs, furnishings, utilities, and insurance premiums. 7. Each party agrees to take no action, nor to fail to take any required action, where such action or failure to act would result in the loss of the o=operty or the facility or both by reversion or othert•:ise. 8. In the event either or both parties desire to terminate this agreement for cause or otherwise', the party desiring to murchase the propert • and facility shall have the right to purchase the interest of the other part,, for a reasonab e amount: 9. In the evert of a dispute hereunder the par _es agree that any such dispute shall be heard and resolved by a panel of three arbitrators, one of r.ho;; shall be a ir.cmber of the Board of County Commissioners of Bale Count_, and one of i•:hom shall be a r,�er,.ber of the Torn Council of the =o -.7n of Vail. Each hart- shall r r E' be antitled to submit the nares of t�•:o persons, residents of Eagler: -2- Countv to act as the third member and said third nember shall i;e selected by lot from the names taus submitted. 10. Nearines before any arbitration_ panel shall be con- ducted pursuant to the _provisions of the Colorado Administrative Code and the decisions of such panel shall be revi e::anle as provi6ed in said Code. 11. Arbitration shall be com-mcnced bt* within demand of the party desiring arbitration and the panel shall be selected t: -i thin thirty days after receipt of such denand. 12. -Nothing herein is intended to preclude the parties from voluntarily terminating this agreenent and providing for the distribution of assets and the liquidation of liabilities in accordance with the Colorado Uniform Partnership Act or other;:ise e_:cent that vthe limitation contained in paragraph seven hereof s_iall alc•:ays amply. - IN EITNESS .THEREOF, the parties hereto have affixed their hands and seals on the date first above c:Yritten. ATTEST: Coufi s Clerl: and Recorde 4 " -PAU - N3 In C_er::� � fti"ty -3- COU°:TY OF EAGLE, STiTE OF COLORP_DO ou- c ✓ •Chairnan, Board 'of Countv Comnissioners TOTIN OF V B,