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Home My WebLink AboutC04-029 Edwards Metropolitan District IGA (!, c t.i- - ~ '1-t' ~ INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO, AND THE EDWARDS METROPOLITAN DISTRICT FOR EAGLE VALLEY TRAIL MAINTENANCE IN EDWARDS, COLORADO ~tergovernmental Agreement, is made and entered into this J.jday of _ ,2003, by and between the County of Eagle, State of Colorado, a body corporate d politic, ting by and through its Board of County Commissioners ("Eagle County"), and the EDWARDS METROPOLITAN DISTRICT, a special district of the State of Colorado acting by and through its Board of Directors ("Edwards Metro District"). WHEREAS, the Constitution and laws of the State of Colorado permit and encourage local governmental entities to cooperate with each other to make the most efficient and effective use of the their powers and responsibilities; and WHEREAS, Eagle County and Edwards Metro District enter into this Agreement under the authority oflocal governments of the State of Colorado to contract with one another. C.R.S.29-1-201, et seq., Article XIV, Section 18 of the Colorado Constitution; and WHEREAS, Eagle County owns and operates a regional trail system running through portions of unincorporated Edwards, Colorado; and WHEREAS, Eagle County and Edwards Metro District desire to maintain and keep open sections of the regional Eagle Valley Trail through Edwards; and WHEREAS, Edwards Metro District desires to contribute to the cost of maintenance of the regional trail through the uhincorporated community of Edwards including snowplowing, sweeping, mowing, repairs and associated; and WHEREAS, the cooperation of Edwards Metro District in providing such services will mutually benefit the residents and taxpayers of both entities. NOW, THEREFORE, for and in consideration of the mutual promises and other considerations contained herein, the adequacy of which is hereby acknowledged, the parties agree as follows: 1. Contribution. Edwards Metro District pledges up to $10,000 annually for trail maintenance costs for the section of the regional Eagle Valley Trail that travels east and west through the Edwards Metro District jurisdictional boundaries, described as ending at Hillcrest Drive to the west and ending 2000 feet east of the intersection of Miller Ranch Road and Highway 6 to the east. The services to be provided by County or its contractors and reimbursed by Edwards Metro District under this agreement are snowplowing, sweeping, mowing, repairs and associated tasks. Edwards Metro District pledges these funds with the proviso that the regional trail through Edwards is assigned funds annually from the $1000 Per Mile Maintenance grant program administered by the ECD Trails program of Eagle County. 2. Reimbursement. Eagle County shall provide requests for reimbursement to Edwards Metro District on a quarterly basis or more or less frequently as determined by the parties. Edwards Metro District shall pay in full all such requests for reimbursement in a timely manner after presentment by Eagle County. Edwards Metro District shall have no responsibility for the care or quality of work performed by third-party contractors the County may select to perform the required services. Nothing in this Agreement shall obligate County to perform a particular type or amount of maintenance or repair. Specifically, County is not obligated to perform any maintenance or repairs in excess of the amount being pledged hereunder. 3. Term. Edwards Metro agrees to reimburse Eagle County or its contractor for its maintenance costs specific to the area described above in paragraph 2 through the end of the calendar year up to the $10,000 amount set forth herein. This agreement shall automatically renew each year for two (2) additional years from the date of execution of this agreement unless one of the parties gives notice to the other, at least 90 days before the anniversary of this contract date, of its intention not to renew. 4. Appropriations Required. The parties hereto agree that this Agreement is contingent upon all funds necessary for the performance of the Agreement being budgeted, appropriated and otherwise made available. It is expressly understood that any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing body of either party. Should any of the parties fail to undertake the project because necessary funds have not been budgeted or duly appropriated, this Agreement may be terminated by either party. 5. Notices. Any notices, demands or other communications required or permitted to be given hereunder shall be given in writing, delivered personally or sent by first class mail, postage prepaid, addressed to the parties at the addresses set forth below or at such other address as either party may hereafter designate by written notice to the other party given in accordance herewith. Eagle County: Brad Higgins Director, Road and Bridge Eagle County PO Box 250 Eagle, CO 81631 With a copy to: Eagle County Attorney's Office 500 Broadway PO Box 850 Eagle, CO 81631 Edwards Metro District: Edwards Metropolitan District c/o Roberston and Marchetti P.C. PO Box 600 Edwards, CO 81632 Notice will be deemed given on the date of delivery or three business days after deposit in a U.S. Postal Service depository. 6. Severability. It is understood and agreed by the Parties hereto that if any part, term or provision of this Agreement is held by a court of competent jurisdiction to be illegal or in conflict with any federal laws or any law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the Parties shall be construed and enforced as if the Agreement did not contain the particular part, term or provisions held to be invalid. 7. Integration. This Agreement is intended as the complete integration of all understandings between the parties and constitutes the entire Agreement between the parties hereto. No prior or contemporaneous addition, deletion or other amendment shall have any force of effect, unless embodied herein in writing. 8. Termination. This Agreement may be terminated by any party, with or without cause, upon 3D-days notice given by the terminating party. If either party defaults or neglects to carry out their obligations under this Agreement and fails within a seven day period after receipt of written notice form the other party to correct such default or neglect with diligence and promptness, the non-defaulting party may, without prejudice to other remedies, terminate this Agreement upon notice to the other party. 9. Modification. Modification or waiver of the Agreement or of any covenant, condition, or provision herein contained shall not be valid unless in writing and duly executed by the parties herein. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. ,.v- 1~~:~:~ f',.', ;; :~ < t>~( "\', -' fi ~. t-lt':':,.' ~.~.' .:;~. . <".1 'Sir ;~./ ;,/1 ibb () 4:s' ;-"'~r -oj~<:!. Clerk to the B ard of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: an EDWARDS METROPOLITAN DISTRICT, By and Through Its BOARD OF DIRECTORS By: ATTEST: [)~~ , Clerk to the Edwards Metro Board