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HomeMy WebLinkAboutC03-024 Eagle River Water and Sanitation District~~ l S'~ INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT is made and entered into this ~y of~ ~!.) ~ ~-t2~,,~200~, by EAGLE RIVER WATER & SANITATION DISTRICT, aquasi-municipal corporatioh 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 a valid easement within which it owns and operates an underground water main line, currently located at an estimated depth between seven-and-a-half (7.5) to eight (8) feet, at or near Winslow Road and Berry Creek Middle School. An Easement Deed related to this water main line recorded May 31, 2000 (Reception No. 731114)(the "Easement Deed"), a copy of which is attached hereto as Exhibit "A", is incorporated herein by reference. The easement, and water main line are all depicted on the attached Exhibit "B" and are incorporated herein by this reference; and WHEREAS, County currently intends to construct over this easement and water line, roadway improvements within the Berry Creek/Miller Ranch PUD near Winslow Road and The Berry Creek Middle School ("Road Improvements"), a map of this proposed construction is described on Exhibit "C," attached hereto and incorporated herein by this reference; and WHEREAS, County currently intends to act as developer for this Roadway Improvements project ("Developer"); and WHEREAS, The Parties understand that this construction could 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 WHEREAS, the County understands and has agreed that should a water main line obstruction or break occur, and/or should the District determine that the main line will need to be relocated to a mutually agreeable location and any costs associated with the break, obstruction, cleanup, water main line relocation, and any damage or expense resulting from such obstruction or break will be the sole responsibility of the County; and M ~ ~ ~ ~ ~ ERWSDWgremients 03910/2003 04:@6P G'~°~~~ROADIbIPROVEIVffiVTSFAiAL.dnc Teak J Simonton Eagle, CO 23 R 0.00 D 0.00 ., ~ t ~ • WHEREAS, the Parties understand and agree that additional changes, modifications and variances are necessary to complete the County's construction proj ect, modify the Easement Deed, and ensure the water main line is in compliance with all relevant codes and regulations and appropriately protected from damage or obstruction; and WHEREAS, it would be in the best interest of the County to defer relocation of the water main line and incurring the costs related to such relocation to such time as the District deems necessary or until such time as an obstruction or water main line break should occur; and WHEREAS, at the County's request, the District has agreed to allow the County to defer relocation of the water main line, related service lines, and incurring the costs related to such relocations until such future time as the District deems reasonable, provided the County understands and agrees that should the District determine, in its sole and reasonable discretion, the main line and/or related service lines will need to be relocated, any costs associated with the water main line relocation and any 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 Roadway Improvements 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 Roadway Improvements or related appurtenances, and provided that appropriate alternate easements have been created, reserved, and recorded on the final plat of the Berry Creek/Miller Ranch PUD reserving the District's right to an appropriate easement should a water 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 main line to ensure that it is in optimum operating condition prior to construction. Once construction has been completed, the District will re-televise the line to make sure that construction has not adversely affected the line. 2. CountyAcknowledgment. The County/Developer agrees that the disruption causedbytaking the main entry roadway out of service while making repairs to a water 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 further acknowledges and agrees that if the water main line or related service lines in the proximity 82~~~ 'Si sRwsDw Page : 2 of 15 G.uuyan~sc~cA ROAD IlNPROVENffiVTS FINAL-doc 03/10/2003 04:06P Teak J Simonton Eagle, CO 23 R 0.00 D 0.00 ., , ~ of the proposed Roadway Improvements and related construction ever needs repair or replacement and such repairs or replacement 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 the water main and related service lines. 3. Easements. Should the water line need to be relocated in the future, the County has provided additional utility easements and county road right-of--way as shown on the attached Exhibit B, and dedicated 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. 4. Modifications and Variances. The Parties understand and agree that additional changes, modifications and variances aze necessary to complete transactions contemplated by this Agreement. The Parties hereby agree to obtain authorizations, to implement modifications and variances, and to take such additional and further actions, including executing such additional documents as may be necessary to carry out the following: a. Modification of the Easement Deed recorded May 31, 2000, Reception No. 731114, to reflect such changes to accomplish the transactions contemplated herein, including, but not limited increasing the required depth of cover from approximately nine (9) feet to fourteen (14) feet; b. Obtaining a variance allowing the depth of cover over a water main from the required seven-and-a-half (7.5) feet to approximately fifteen (15) feet; c. Obtaining a variance to allow a fire hydrant to be installed at a nine (9) foot depth instead of the required seven-and-a-half (7.5) feet; and d. Any other future modifications, easements, or variances necessary for relocation, operation, or maintenance of the water main line or related service lines. 5. Water Main Line Relocation. Should a relocation of the water main line and/or related service lines 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 as needed for construction, operation, and maintenance of the relocated water main line or related service lines. 6. Costs of Relocation. The County agrees to pay for any and all costs of relocating the water line and/or related service lines as determined, in the District's reasonable discretion, aze necessary due to (a) an obstruction or break in the water main line and/or related service lines, (b) maintenance of the Roadway Improvements, or (c) ordinary degradation, upgrades, substantial repairs, or periodic replacement reasonably (as determined by the District) $2~22~ 03g 10 /2003 04 : 06P ~''~°~~~ ROAD IlNPROVEhffiVTS FINAL.doc Teak J Simonton Eagle, CO 23 R 0.00 D 0.00 ~ ~ 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 shall pay for the necessary engineering and design work should the water line need to be relocated in the future. 7. Relocation and Obstruction/Break Clean-Un. The County agrees to use its best efforts to complete the relocation and any related site cleanup 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. 8. 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 Roadway Improvements 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. 9. Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as maybe 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. 10. Indemnification. The County indemnifies the District from any costs of ariy repairs to the District's utility lines which may occur as a result of the construction of the Roadway Improvements over and upon such easements. 11. Hold Harmless. To the extent allowed bylaw, 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 Roadway Improvements on the District's easement; 12. Governing This Agreement shall be governed and construed in accordance with the State of Colorado. 13. Venue. Venue for the trial of any action arising out of any dispute hereunder shall be in the appropriate district court of the State of Colorado pursuant to the appropriate rules of civil procedures. ~I~~uIIIY I~IMI^~ INI~~ IPA ~I~ ICIe8~622~ ~twsDw G:~bryanMiscVGA ROAD M~ROVEMLNTS F1NAI,.doc +' ~ • 14. Ca ti~ons. 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. 15. Binding Agreement upon 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. 16. 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 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 ways the powers and responsibilities of the County, the District, or any other entity not a party hereto. 17. Severabilitv. 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. 18. Duplicate Originals. This Agreement maybe executed in counterparts, each of which shall be an original, but all of which together, shall constitute one and the same agreement. 19. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 20. 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. I~III~II~NI~I~II~IIIIIIu 8'62uG.':,.. //THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK// ERWSD4~cem~s G:~brym~ndac~IGA ROAD IMPROVffi1R:NTS F1NAL.doc • IN WITNESS WI~REOF the parties hereto have caused this Agreement to be executed and be effective as of the day and year first above written. EAGLE RIVER WATER & SANITATION DISTRICT By: ~.~%~ Dennis Gelvin, General Manager ATTEST: B . ecretary COUNTY OF EAGLE, STATE OF COLORADO BY AND THROUGH ITS CHAIRMAN TO THE BOARD OF COUNTY QONIlVIISSIONERS o~ ~, BY~ "" a Michael J BY: ~: /~ Cl k to the Board IIAIIIInIVIIIIIIIIIIInIIIIIIIIIIYIIIIIYI! 82fi226N.e. ERWSDWgreenenta O:\bry~~rttiec~IGA ROAD Il1~ROVEM6NTS F1NAL.doc :i .~~ ~ • EXH/B/T A LAND DESCRIPTION A PARCEL OF LAND LOCATED IN THE SOUTHEAST Xs OF SECTION 4. TOWNSHIP 5 SOU1H. RANGE 82 WEST OF THE SIXTH PRINCIPAL MtD21D1AN, EAGLE COUNTY, COLORADO t3©NG MORE PARTICULARLY pESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHERLY RIGHT-OF-WAY UNE OF INTERSTATE HIGHWAY NO. 70 AND THE WEST •UNE OF THE SOUTHEAST ~ OF SAID SECTION 4; THENCE ALONG -SAID WEST UNE OF THE SOUTHEAST 14 S01'23'01"W, A DISTANCE OF 1381.05 FEET TO THE POINT OF BEGINNING OF THE HERON DESCRIBED PARCEL OF LAND; THENCE DEPARTING SAID WEST UNE OF THE SOUTHEAST ~ N6001'S1"E, A DISTANCE OF 718.31 FEET; THENCE N71'S2'47"E, A DISTANCE OF 367.59 FEET; THENCE N00'Z4'10"E, A DISTANCE OF 192.63 FEET; THENCE N10T32'17"E, A DISTANCE OF 220.95 FEET; THENCE N79'0T43"W, A DISTANCE 60.00 FEET; THENCE N10'S2'1TE, A DISTANCE OF 60.37 FEET; THENCE 878'23'86"E, A DISTANCE OF 423.05 FEET; THENCE S74'46'48"E, A DISTANCE OF 130.78 FEET; THENCE N15'13'12"E. A DISTANCE OF 40.72 FEET TO THE SOUTHERLY RIGHT-OF-WAY LINE OF NVTERSTATE N0. 70; THENCE ALONG SAID UNE S73'20'28"E, A DISTANCE OF 30.01 FEET; THENCE DEPARTING SAID UNE S15'13'12"W, A DISTANCE OF 54.16 FEET; THENCE S54'48'38"E, A DISTANCE OF 170.82 ,FEET; THENCE S74'34'50"E, A DISTANCE'OF 50.03 FEET; THENCE S15' 25'10"W, A DISTANCE OF 20.00 FEET; THENCE N74'34'S0"W, A DISTANCE OF 41.85 FEET; THENCE S15'S2'41°W, A DISTANCE OF 321.84 FEET; THENCE N7407'19"W, A DISTANCE OF 69.46 FEEt; THENCE N15'S2'41"E, A DISTANCE OF 20.00 FEET; THENCE S7407'19"E. A DISTANCE OF 49.46. FEET; THENC£ N15";2'41'E, A DISTANCE OF 304.67 FEET; THENCE S35'11'22'W, A DISTANCE OF 37.07 FEET; THENCE N54'48'38"W, A DISTANCE OF 20.00 FEET; THENCE N35'11'22'E. A DISTANCE OF 37.07 FEET; THENCE N54'48'38"W, A DISTANCE OF 154.03 FEET; THENCE N74'46'48"W. A DISTANCE OF 144.77 FEET; THENCE N78'23'S6"W, A DISTANCE OF 185.58 FEET; THENCE S10'S0'23"W, A DISTANCE OF 25.42 FEET; THENCE N7909'37"W, A DISTANCE •OF 20.00 FEET; THENCE N10'S0'23"E, A DISTANCE OF 25.69 FEET; THENCE N78'23'S6"W, A DISTANCE OF 136.13 FEET; THENCE 810' 52'17"W, A DISTANCE OF 115.88 FEET; THENCE S79 07'43"E, A DISTANCE. OF 44.89 FEET; THENCE S10'S2'17"W, A DISTANCE OF 20.00 FEET; THENCE N78'07'43"W, A DISTANCE OF 44.89 FEET; THENCE•S10'S2'17"W, A DISTANCE . OF 11259 FEET; THENCE S00'24'10"W, A DISTANCE OF 165.06 FEET; THENCE S79 07'43"E, A DISTANCE OF 74.00 FEET; THENCE 810'19'28'W, A DISTANCE OF 50.00 FEET; THENCE N79'07'43"W, A DISTANCE OF 86.19 FEET; THENCE S71'52'47"W, A DISTANCE OF 358.18 FEET; THENCE S60'01'S1"W, A DISTANCE OF 728.42 FEET TO INTERSECT SAID WEST UNE OF THE SOUTHEAST 1/4 OF SECTION. 4; THENCE ALONG SAID UNE N01'23'01"E, A DISTANCE OF 23.42 FEET TO THE POINT OF BEGINNING. Dana B. Spigener j Dote Stote of Colorodo PLS No. 33655 _~pO ~~Sf~a GG ~Z~~~f.7 Page: 7 of 15 03/10/20@3 04:06P Teak J Simonton Ea91e, CO 23 R 0.00 D 0.0@ uiuii nm n. iii iu aiin iiin iq~i ~ ie NOTICE: ACCORDING TO COLORADO LAW YOU 1JUST COMMENCE ANY LEQAL ACTION BASED UPON ANY DEFECT W TfQS 5URVEY YYI7FpN THREE YEARS AFTER YOU FMt,ST ?tSCOVER SUCH }ACT. IN NO EVENT WAY ANY ACTION BASED UPON ANY DEFECI N TFUS SURVEY DBE WMMp~JCED MORE 1HAN TEN PEARS FROM TtiE DATE OF Ty{E :EERIIFICATIgV SNO11N HEREON. SHEET 1 OF 3 z:~ow©tecAl~a~ss wa~~ ~~ 0$IiFR P.O. BOX 97 ~ FD~'AIIDS.00[ORADO E10.72 (970) 936-3373 FAX (970) Y2e-3390 a so a in v ~"~E N ~m~ ®E tNO~m` N ~: Q~am s ~6 ~E ~o ~, ~~ ~u ~~ ~~ ~~ ~~ E U ~ y ~ n d F EXH/BlT A =~ _-= III-J L]~ i and m~ n~a w ~u ~W iiu~ N ue iw mi RAILROAD R®W (100' WIDE) NOTICE: ACCORDING TO COLORADO LANI Yd= WST C014=ENCE ANY LEOiAL ACflON ASEb UPON ANY DEFECT IN 7tuS SURVEY NATF81'i THREE YEARS AFTER YOU FEtST N~7HIS~ JRVE~Y 9E~COMMENCED Y~ 7~FIYM1 7~ETI YEARS FRO~A1 1HE DAl~OF 7~FtE a~TUTCAnoN sHOwN HEREaN. SHEET 2 0 F 3 z=\DWC;\BCR\411~96 WgT~gq~ \/~ .~ .`, a s~ ~~@6 N om6 ~N~AAO1N8 ~i/ - • B C N m~ dam s _ 6 ~ 6 ~~ f/: n • a U ~ E ~ 0 ~~ w ~~ ~a ~ c ~ a E ~ N ~ „~ - Y b m F /H~RSTq ~ '_ EXH/B/T A uNe rneL E LINE LENGTH BEARING L1 43.4 ~' '1G.00 . L3 .SD.OO L4 60.00 L6 44.88 Lr .oo . 44.8 84.1 L10 40. u+ azor L12 20.00 . us ay D7 L15 49.48 L16 30_01 + i iuuuuii n~ ui iii wm ~ni ium im w 731114 O'~/31/Z000 04o3ZP 174 Sara Fisher I1 8 a4' 6 R 30.00 0 0.00 N 0.00 Ea03a CO ,~ „^ 200, RAILROAD ROW (100' 1MDE} ~~ • ~ ' ' JO®! 41998 NOTICE: ACCORDING TO COLORADp LAW YOU YtFST COMYENCf ANY UEGAL ACAON ASID UPON ANY DEFECT IN T1US SURVEY VM11iIN TNttEE YEARS AF1ER YOU FIRST ISCOVER SUCH DEFECT. IN NO EVENT YAY ANY ACTION BASED UPON ANY DEFEC THIS SURYfY 8E COMMENCED YORE THAN TEN YEARS FROM 7HE DATE OF THE 71FICATION SHOWN NEREON. 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