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HomeMy WebLinkAboutC87-200 IGA with Beaver Creek metro187-200-2S INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is entered into as of the day of , 1987, between the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE AND STATE OF COLORADO ("the County"), and BEAVER CREEK METROPOLITAN DISTRICT, a quasi -municipal corporation ("the District"). WHEREAS, the County has adopted and now has in force and effect the Uniform Building Code, 1985 Edition, together with appendices and amendments thereto as set forth in County Resolution No. 85-61 ("the building code"); and WHEREAS, the Town of Avon ("the Town") provides fire protection within the boundaries of the District pursuant to an agreement dated as of October 1, 1987; and WHEREAS, the District has adopted, pursuant to section 32-1-1002 (1) (d),, C.R.S., a fire code, together with appendices thereto ("the fire code"); and WHEREAS, the County, by resolution duly adopted has made the fire code applicable within the boundaries of the District, which area is under the building code jurisdiction of the County ("the fire protection area"); and WHEREAS, there are provisions in the building code which are duplicative of or overlap provisions in the fire code; and WHEREAS, the County has established and filled the positions of County Building Inspector pursuant to sec- tion 30-28-114, C.R.S.; and WHEREAS, the District has created the position of Fire Chief and has filled that Position by contract with the Beaver Creek Resort Company ("BCRC"); and WHEREAS, the County will designate the Fire Chief a County Deputy Building Inspector only for the purposes set forth herein; the Fire Chief shall remain an employee of BCRC, and the District and the Fire Chief will have the status of independent contractors as to the County; and WHEREAS, the County is presently collecting building permit and building plan review fees, which include fees relating to the fire protection aspects of the building code and the fire code; and WHEREAS, the County has the power to issue and withhold building permits pursuant to sections 30-28-205 and 32-1-1002 (1) (d), C.R.S.; and WHEREAS, section 29-1-203, C.R.S., authorizes governments to cooperate or contract with one another to provide any function, service of facility lawfully authoriz- ed to each of the cooperating or contracting units; and WHEREAS, the purposes of this Intergovernmental Agreement are to provide plan review, building inspection and fire code enforcement as set forth herein within the fire protection area; and to replace the Intergovernmental Agreement between the County and Eagle Vail Metropolitan District dated December 2, 1985; NOW, THEREFORE, IT IS AGREED between the County and the District as follows: 1. The County shall adopt such fee schedule as from time to time it shall deem advisable for building permit and building plan review fees, but such fee schedule shall have a breakout of those portions of the fees which relate to the fire prevention and suppression portions of the building code and the fire code ("the fire protection fees"). 2. In establishing the fee schedule, the County shall consult with the District, whose recommendations shall be merely advisory and in no way binding on the County. 3. In establishing the fire protection fees, the County shall, so far as is feasible, set such fees so as to include the expenses incurred by the District for its performance of services as hereinafter provided. 4. The County shall remit to the District by the fifteenth day of the following month, the fire protection fees collected by the County and shall forward such plans to the District as are filed for structures to be constructed in the fire protection area. 5. The District shall provide for plan review inspections and joint enforcement as to the fire prevention and suppression portions of the plans for any structure to be constructed, and for buildings located within, the fire protection area. 6. The County shall not issue a building permit for any structure unless, in the sole opinion of the County, such building plans demonstrate compliance with the County's building code and the District's fire code, and shall not issue a certificate of occupancy, whether temporary or final, for any structure located within the fire protection area until after final inspection and approval. In determining whether to issue a building permit, the County shall consult with the Fire Chief, whose recommendations shall be merely advisory and in no way binding on the County. 7. The cessation of the Town's administration of fire protection shall not abrogate nor otherwise affect the provisions of this Intergovernmental Agreement regarding the plan review, inspection and enforcement by the District of the fire prevention and suppression portions of the building code within the fire protection area. 8. The County agrees to indemnify, defend and hold harmless the District, its respective agents, officers, servants and employees from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions and causes of action whatsoever, arising out of or related to the County's intentional or negligent acts, errors or omissions or that of its agents, officers, servants and employees, whether contractual or otherwise. 9. The District agrees to indemnify, defend and hold harmless the County, its respective agents, officers, servants and employees from any and all loss, costs, damage, injury, liability,claims, liens, demands, actions and causes of action whatsoever, arising out of or related to the District's intentional or negligent acts, errors or omis- sions or that of its agents, officers, servants and employ- ees, whether contractual or otherwise. This indemnity provision specifically includes all general building in- spection services performed by the District prior to the effective date of this Agreement. 10. Each party to this Agreement shall provide its own professional and public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from this Agreement. 11. This Agreement shall automatically be renewed on the first day of January of each year hereafter unless terminated by any party, with or without cause, by giving thirty (30) days written notice to the other party. EXECUTED as of the date first above written. ST: $Zlerk to the 13_oArd o County Commissioners BOARD OF COUNTY COMMISSIONERS OF EAGLE COUNTY By:�� _ i Iy,L, ChaWman - I - ATTEST: Sec etary BEAVER CREEK DISTRICT By: airman TAN