HomeMy WebLinkAboutC03-075 Town of Vail IGA AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF VAIL, STATE OF COLORADO CONCERNING MILLER RANCH HOUSING TffiS A-MFiNDMENT to the INTERGOVERNMENTAL AGREEMENT is made and entered into this y of Mazch, 2003, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Boazd of County Commissioners (hereinafter the "Count'), and the Town of Vail, State of Colorado, a municipal corporation, by and through its Town Council (hereinafter the "Town'. 1. By Intergovernmental Agreement dated Mazch 18, 2003, ("Original IGA") the Town and the County defined their relationship with respect to employee housing to be developed at what is now known as Tract D, Berry Creek/ Miller Ranch Planned Unit Development, Eagle County, Colorado (the "Property'; and 2. As part of the Original IGA, the County and Town agreed that ten (10) of the designated Town of Vail units would be reserved and made available to the Eagle River Water and Sanitation District and its employees. Said agreement pertaining to the Eagle River Water and Sanitation District is set forth at Pazagraphs six (6) and seven (7) of the Original IGA. 3. By letter dated March 11, 2003, the Eagle River Water and Sanitation District notified County that it wished to withdraw from participation in the Miller Ranch Housing Project and no longer desired reservation of the above-mentioned units. This letter is attached hereto as Exhibit `A' and incorporated herein by this reference. NOW, THEREFORE, in consideration of the terms and conditions of the Original IGA, the sufficiency of which is hereby acknowledged, County and Town agree as follows: 1. Paragraphs six (6) and Seven (7) of the Original IGA shall be stricken in their entirety and shall no longer affect the relationship of the County and Town pertaining to the development of the Miller Ranch Housing Project 2. County and Town agree that, except as expressly altered, modified and changed in this Amendment, all terms and provisions of the Original IGA shall remain in full force and effect, and hereby aze ratified and confirmed in all respects as of the date hereof. 3. If any conflict exists between the provisions of this Amendment and the Original IGA, the provisions of this Amendment shall control. 4. This Amendment shall be binding on the parties hereto, their heirs, executors, • successors, and assigns. 0 ~~~~ c3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: a By: Teak L. Simonton, Clerk to the oard County Commissioners ATTEST: C7 OF EAGLE, STATE OF ADO, By and Through Its OF COUNTY CONIMISS: Chairman TOWN OF VAIL, STATE OF COLORADO, By and Through Its TOWN COUNCIL By: i~~,J ~ erk to the Town Council Its: own Manager 2 . w I EAGLE RNER~ ~/ WATER & SANITATION DISTRICT 1848 Forest Road • Vail. Colorado 816b7 (970) 476-748D • FAX (87D} 478-4089 March l 1, 20Q3 Di2tne Mautiello Eagle County Attorney P.O. Box S50 Eagle, CO 51631 RE: Miller Ranch hIousmlg bear Diane: Iiy Faz to: 328-8699 We have decided to v~rithdravr from participation in the Miller Ranch Housing project- The prig anal deed. restrictions proposed for the project will not accomplish the long term affordability that is the District°s objective. Eagle County may disregard the obligations to the Eagle Ytiver'QV'ater & Sanitation District contained ~ Paragraphs six and seven of the proposed Intergovernmental Agreement Between The County of lragle, State of Colorado and 1'he Town of Vail, State of Colorado Concerning 1Vlilier Ranch Housing. Please let me 1vo~ow i£ you have any questions. Sincerely, ~~ Dennis. CTelrrin, General Manager c~c: ERW&SD Board Jim Callms EXHIBIT WATER, WASTEWATER. OPERATICf~IS $e MIANAQEMEM SERVIC6J