HomeMy WebLinkAboutC03-023 Eagle River Water and Sanitation District,' .'
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INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT is made and entered into this 1~~-`day of ~ ~~` ~~~ 20~,
by EAGLE RIVER WATER & SANITATION DISTRICT, a quasi-m 'cipal
corporation and political subdivision of the State of Colorado, ("District") and the
COUNTY OF EAGLE, a political subdivision of the State of Colorado ("Count}~~.
Collectively these entities are also referred to as the "Parties."
RECITALS
WHEREAS, the District is a water and sanitation district organized and existing
pursuant to Article I of Title 32 C.R.S., and commonly known as the "Special District
Act"; and
WHEREAS, the District is empowered to provide water and wastewater service
to its customers and constituents within and without its boundaries, within Eagle County,
Colorado, on such terms and conditions as the District may decide; and
WHEREAS, the District is the owner of valid easements within which it owns
and operates an underground sewer main line and an underground water line, currently
located at an estimated depth of eight (8) feet. The easements, sewer main line, and
water line are all depicted on the attached Exhibit "A" and are incorporated herein by this
reference; and
WHEREAS, County currently intends to construct over these easements, water
line, and sewer main line, afour-lane entryway into the Berry Creek/Miller Ranch area
(`Entryway''), the legal description and vicinity map of this proposed construction is
described on Exhibit `B," attached hereto and incorporated herein by this reference; and
WHEREAS, County currently intends to act as developer for this construction
project ("Developer'; and
WHEREAS, the Parties understand that this construction could cause a sewer
line obstruction or break, could bring the sewer line out of compliance, and/or could
make it more difficult when the District decides the sewer main line would need to be
relocated and placed within an easement outside of this proposed Entryway; and
WHEREAS, The Parties understand that this construction. could also bring the
water line out of compliance, could cause a water line obstruction or break, and/or could
make it more difficult when the District decides the water line would need to be relocated
and placed within an easement outside of this proposed Entryway; and
WHEREAS, the County understands and has agreed that should either a water
line or a sewer main line obstruction or break occur, these lines will need to be relocated
and any costs associated with the break, obstruction, cleanup, water or sewer main line
relocation, and any damage or expense resulting from such obstruction or break will be
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the sole responsibility of the County; and
WHEREAS, it would be in the best interest of the County to defer relocation of
the sewer main line, water line, related service lines and incurring the costs related to
such relocations to such time as the District deems reasonable or until such time as an
obstruction or break in either the water or sewer lines or related service lines should
occur; and
WHEREAS, at the County's request, the District has agreed to allow the County
to defer relocation of the water line, the sewer main line, related service lines and
incurring the costs related to such relocations until such future time as the District deems
it is reasonable provided the County understands and agrees that should the District
determine, in its sole and reasonable discretion, the water line, sewer main line, and/or
related service lines will need to be relocated, any costs associated with the relocations
and any related damage or expense (except those damages resulting from the gross
negligence of an independent third party) will be the sole responsibility of the County;
and
WHEREAS, the County and the District have determined it to be in the best
interests of their respective taxpayers, residents and property owners to enter into this
Intergovernmental Agreement ("Agreement"); and
WHEREAS, the District is willing to allow the County to construct its Entryway
over and upon its easements PROVIDED the County indemnify District from any
damage or loss resulting from the construction, operation, and maintenance of the
aforementioned Entryway, and provided that appropriate alternate easements aze created,
reserved, and recorded on or azound the time of the execution of this Agreement
reserving the District's right to an appropriate easement should either a water or a sewer
main line relocation be necessary, and provided the Parties agree to the following terms
and conditions as outlined below.
NOW, THEREFORE, in consideration of the covenants and mutual agreements
contained herein, and for other good and valuable consideration, the Parties hereto agree
as follows:
1. Televising the Existing Lines. The District will televise the existing water line
and the existing sanitary sewer main line to ensure that they are in optimum
operating condition prior to construction. Once construction has been completed,
the District will re-televise the lines to make sure that construction has not
adversely affected the lines.
2. County Acknowledgment. The County/Developer agrees that the disruption
caused by taking the main entry roadway out of service while making repairs or
replacing either a water line or an extremely deep sewer main line and/or related
service lines maybe extremely inconvenient and not be in the best interests of the
residents in Berry Creek/Miller Ranch or the Parties. The County/Developer
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further acknowledges and agrees that if either the water or the sanitary sewer lines
ever needs repair or replacement, and such repairs or replacements would be
extremely inconvenient and not in the best interests of the residents in Berry
Creek/Miller Ranch or the Parties, the County/Developer will incur and pay for
all costs associated with relocation of either or both of the water line and the
sanitary sewer line and related service lines outside of the Entryway.
3. New District Easements. The County has provided easements for the relocation of
the water and sewer lines, should it become necessary, as shown on the final plat
for the Berry Creek/Miller Ranch Planned Unit Development recorded in the
office of the Clerk & Recorder of Eagle County, State of Colorado at Reception
Number 799649, and as also shown on the Relocation Drawings for the sewer
main line and water line attached hereto as Exhibits "C" and "D."
4. Water Line or Sewer Main Line Relocation. Should a relocation of the water line
and/or the main sewer line as described above be necessary, the County agrees to
work with the District on these relocations, including the granting of necessary
and appropriate access and use of new easements contained outside of the
Entryway as needed for construction, operation, and maintenance of the relocated
water and/or sewer main line or related service lines.
5. Costs of Relocation. The County agrees to pay for any and all costs of relocating
the water line and the sewer main line and/or related service lines as determined,
in the District's reasonable discretion, are necessary due to (a) an obstruction or
break in the water line, sewer main line, and/or related service lines, (b) the
construction, maintenance, or repairs to the improvements constructed by the
County at or near these lines, or (c) ordinary degradation, upgrades, substantial
repairs, or periodic replacement reasonably (as determined by the District)
necessitates relocation of these lines. Any consequential damages resulting from
an obstruction or break caused by the gross negligence of an independent third
party will not be the responsibility of the County. As further consideration for
this Agreement, County has provided the designs and specifications prepared by
Peak Civil Engineering, Inc. to the District for the necessary engineering and
design work for relocating both the water line and sewer main line. Such designs
and specifications aze set forth in detail on the Final Public Improvements
Drawings Berry Creek/Miller Ranch, Edwards, Colorado, Sheets C3.21 and
C3.22 dated 06-12-02 and incorporated herein by this reference. District
acknowledges receipt and acceptance of the same. Additionally, the general
designs and specifications are attached hereto as Exhibits "C" and "D" and
incorporated herein by this reference.
6. Relocation and Obstruction/Break Clean-Uu. The County agrees to use its best
efforts to complete the relocation and any related site clean up in a reasonable and
timely manner. The County agrees to pay all costs related to the clean-up and
restoring of the line sites, including necessary and appropriate grading to a
reasonable state upon completion of the relocation.
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7. Release from Liability. Parties acknowledge that by entering into this Agreement,
District is attempting to assist County with its construction efforts and to mitigate
costs related to the Entryway project. The Parties agree to utilize their best efforts
in performing all terms of this Agreement. Parties agree, however, that District
shall not be liable in the event some accidental oversight in performance by
District does occur.
8. Enforcement. The Parties agree that this Agreement maybe enforced in law or in
equity for specific performance, injunctive, or other appropriate relief, including
damages, as may be available according to the laws and statutes of the State of
Colorado. It is specifically understood that by executing this Agreement each
Party commits itself to perform pursuant to these terms contained herein, and that
any breach hereof which results in any recoverable damages shall not cause the
termination of any obligations created by this Agreement unless such termination
is declared by the Party not in breach hereof.
9. Indemnification. The County indemnifies the District from any costs of any
repairs to the District's utility lines which may occur as a result of the
construction of the Entryway over and upon such easements.
10. Hold Harmless. To the extent allowed by law, County shall hold harmless the
District for the cost of repairing any damage to any property, which damage is
caused by the construction, operation and maintenance of the Entryway on the
District's easements;
11. Governing Law. This Agreement shall be governed and construed in accordance
with the State of Colorado.
12. Venue. Venue for the trial of any action arising out of any dispute hereunder shall
be in the appropriate dish~ict court of the State of Colorado pursuant to the
appropriate rules of civil procedures.
13. Captions. The headings and sections and paragraphs are included only for
convenience and reference. If any conflict between any heading and the text of
this Agreement exists, the text shall control.
14. Binding Agreement uQon Successors and Assigns. This Agreement and the rights
and obligations created hereby shall be binding upon and inure to the benefit of
the Parties hereto and their respective successors and assigns, and shall be
appurtenant to and deemed to run with and for the benefit of the District until
such time the District abandons said easement in accordance with the laws of the
State of Colorado.
15. Interested Persons. Nothing herein expressed or implied is intended or should be
construed to confer or give to any person or corporation or governmental entity
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other than the District and the County, any right, remedy or claim under or by
reason hereof or by reason of any covenant or condition herein contained, nor
limit in any way the powers and responsibilities of the County, the District, or any
other entity not a party hereto.
16. Severability. If any portion of this Agreement is held invalid or unenforceable
for any reason by a court of competent jurisdiction as to either Party or as to both
Parties, such portion shall be deemed severable and its invalidity or its
unenforceability shall not affect the remaining provisions; such remaining
provisions shall be fully severable and this Agreement shall be construed and
enforced as if such invalid provisions had never been inserted into this
Agreement.
17. Duplicate Ori ' 1 . This Agreement may be executed in counterparts, each of
which shall be an original, but all of which together, shall constitute one and the
same agreement.
18. Amendment. This Agreement maybe amended, modified, changed, or terminated
in whole or in part only by written agreement duly authorized and executed by the
Parties hereto.
19. Entire Agreement of the Parties. This Agreement represents the full and complete
understanding of Parties, and supersedes any prior agreements, discussions,
negotiations, representations or understandings of Parties with respect to the
subject matter contained herein.
IN WITNESS WHEREOF the pazties hereto have caused this Agreement to be
executed and be effective as of the day and yeaz first above written.
EAGLE RIVER WATER &
SANITATION DISTRICT
By: -~%~~
ennis Gelvin, General Manager
ATTEST:
BY:
Secretary
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BY:
COUNTY OF EAGLE, STATE OF
COLORADO BY AND THROUGH ITS
CHAIRMAN TO THE BOARD OF
COUNTY MMIS ONERS ,.s
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to the Board
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