HomeMy WebLinkAboutC04-153 Town of Gypsum IGALc%~--Is~~~~~
INTERGOVERNMENTAL AGREEMENT
THI INTERGOVERNMENTAL AGREEMENT, is made and effective this C ~ day of
2004, by and between the TOWN of GYPSUM, COLORADO, a Colorado
home-rule municipality (hereinafter "Gypsum" or the "Town") and the COUNTY of EAGLE, a
political subdivision of the State of Colorado, acting through its Board of County Commissioners
(hereinafter referred to as the "County").
WITNESSETH:
WHEREAS, the parties hereto have previously entered into the following agreements respecting
the extension of water from Gypsum to the certain property known as the Eagle County Airport
Property (hereinafter referred to as the "Airport Property"), as more particularly described in the
legal description attached hereto as Exhibit "A":
• Intergovernmental Agreement dated March 14, 1988 (hereinafter referred to as the "1988
Agreement");
• Agreement dated December 23, 1992 by and between the parties hereto and The Vail
Valley Consolidated Water District (hereinafter referred to as the "1992 Agreement");
• Termination Agreement dated December 12, 1996 by and between the parties hereto and
the Eagle River Water and Sanitation District (successor to Vail Valley Consolidated
Water District) (hereinafter referred to as the "1996 Agreement").
WHEREAS, the Town has succeeded to certain other Agreements respecting the delivery of
water and water charges, all as set forth in the 1996 Agreement including, but not by limitation,
the Jet Center, Inc., and its successor, Fixed Base Operations, Inc.; and
WHEREAS, the County has made application fora "1041 Permit" from Gypsum respecting
certain land uses for the Airport Property and the Town has conditionally approved such requests
by Resolution No. 2001-21, Town of Gypsum (hereinafter referred to as the "1041 Approval").
One condition of the foregoing Resolution is the execution of this Agreement which details the
continued delivery of treated (potable) water to the Airport Property and the use of untreated
(raw) water for irrigation by the County on Airport Property.
NOW THERFORE, for and in consideration of the mutual promises and covenants contained
herein, as a condition of approval of the anticipated 1041 Permit, and other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the
parties agree as follows:
1. Existing Potable Water Service.
A. Gypsum and County acknowledge and agree that the level of demand for
treated water for the County's uses within the Airport Property as of the execution date hereof is
21.56 EQR, as determined by the Gypsum Code, and as more particularly calculated and
described in Exhibit "B" attached hereto. The foregoing is based upon the recognition that the
County has discontinued, and will not recommence, use of treated water delivered by the Town
for irrigation uses at the Airport. The foregoing computations of EQR are also predicated on the
National Guard improvements and land, separately satisfying all existing and future water right
dedication and water and wastewater tap fee requirements of the Town Code.
B. The parties acknowledge that County has paid tap fees and connection charges
for 23.83 EQR.
C. The parties acknowledge that the County has partially satisfied the Town's
water right dedication ordinance requirements (Code, Sec. 13.08 et seq.) for 25.6 EQR. To
complete the satisfaction of the Town's water right dedication requirements under the 1992
Agreement, the County agrees that it shall convey an additional 0.86 cfs of the Pr. No. 48A
Chatfield and Bartholomew Ditch water right, together with the right to claim all consumptive
use credits associated therewith resulting from construction of airport runway and related
improvements (hereinafter referred to as "the Priority 48A Water Right") to complete the
satisfaction of the water right dedication requirements of the Town for 25.6 EQR (hereinafter
then to be referred to as the County's "EQR Credits" or just "EQR Credits"). Such dedicated
water shall be subject to a leaseback as provided for in paragraph 5, below, and the refunding of
the sum of $2,400.00, as provided by paragraph 3 of that certain Agreement dated December 23,
1992 between the Town, County and the Vail Valley Consolidated Water District.
2. Future Potable Water Service. Gypsum has granted certain land use approvals and is
or will be conducting 1041 proceedings and annexation proceedings by virtue of:
A. County 1041 Permit Approval. The parties envision that the County will
apply fora 1041 permit from the Town which will allow additional demands for potable water
service beyond those described in paragraph 1, above. The parties agree that County has satisfied
an EQR demand for existing water use for the Airport Property of 21.56 EQR and that the
provisions of this Intergovernmental Agreement shall be applied in calculations of EQRs and
related tap fees and connection charges and water right dedication requirements additional to
those recognized and agreed to in paragraph 1 above.
B. National Guard Separate. All water and wastewater demands associated
with the National Guard improvements located at the Airport, are deemed to be separate from
and shall not be considered the responsibility of the County.
C. Jet Center Separate. The parties agree that this Intergovernmental
Agreement shall not control, amend or replace any prior agreements that exist between the Jet
Center, Inc., its successor, Fixed Base Operations, Inc., the Town, Eagle River Water and
Sanitation District or its successor, Vail Valley Consolidated Water District. The parties further
understand and agree that the pre-paid EQR credits owned by the County are owned and used
exclusively by the County and its designees and not the Jet Center/Fixed Base operations
terminal. County covenants and represents, with the intent that the Town may rely upon said
representations, that there is no claim or entitlement which it is aware of by Jet Center, Inc, or its
successors to any portion of the prepaid EQR credit described in paragraph 1, above.
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3. Irrigation and Other Exterior Water Uses.
A. No use of treated (potable) water delivered by the Town has been sanctioned
by Gypsum for outside irrigation purposes on the Airport Property and no portion of the EQR
allocated to the County is for outside irrigation purposes. The determination of existing water use
and expected water use described in paragraphs 1 and 2, above assume that no treated water
delivered from the Town will be used for outside irrigation use on the Airport Property. The
parties agree that no treated water delivered by the Town shall be used now, or in the future, for
outside irrigation purposes within the Airport Property.
B. Water delivered from the Town maybe used by the County for exterior water
uses other than irrigation.
4. Periodic Reassessment.
A. The parties wish to establish, by this Agreement, a method for the periodic
assessment of EQR and the resultant tap fees and water right dedication requirement of the
Gypsum Code, as such maybe amended from time to time. The method of computation of EQRs
to be used for the County's publicly owned terminal and County facilities shall be pursuant to a
periodic review of metered water deliveries by the Town. Based on that review, the Town may
reassess tap fees and water right dedication fees based upon additional demands placed on the
Town's system.
B. The parties shall conduct such reviews, as follows: An initial review shall be
conducted on or before July 15, 2004; thereafter a review will be conducted every three (3) years
and payment for 105% of the existing demands shall be made within 30 days of the notice of the
review results.l No rebate or refund shall be made in the event any review results in a
demonstration that demands have decreased for the Airport Property.
C. All demands, tap fees and water right dedication requirements so determined
shall be assessed and be due in accordance with the Town of Gypsum Code, as such maybe
amended from time to time and subject to the County's existing credits for paid EQRs and water
rights dedication as agreed in paragraph 1.
5. Lease of Water Rights to County.
A. The Town shall lease back to the County a portion of the Priority 48A Water
Right which the County deems necessary for its raw water irrigation purposes based on the ratio
of OA215 cfs per acre of land to be so irrigated by County (measured as water diverted at the
headgate of said ditch). The lease duration shall be for 25 years with a right to renew such for an
additiona125-year term if this Intergovernmental Agreement or the lease is not in material
default. The annual lease fee shall be equal to One Hundred dollars to cover Town accounting
1 The intent of paying demands equal to 105% of the existing demands minus the prior EQR payments made by the
County as agreed in paragraph 1 or as the result of reviews under this provisions to pre-pay a credit equal to 5% over
whatever demands exist for the Airport Property.
expenses plus the prorated costs of any ditch maintenance, improvements, operations or
liabilities and shall be paid annually within thirty days of receipt of a Statement therefor from the
Town. Any Statement not objected to in writing within 30 days shall be deemed conclusive as to
the amounts and any Statement not paid within sixty days of receipt shall be deemed to accrue
interest at the rate of 1.5% per month (18.0% A.P.R.). Failure to pay any outstanding balance for
a period of 90 days shall be deemed a material default under the lease.
B. Subject to the County's existing Farm Ground and Pasture Lease by and
between Eagle County, State of Colorado and Chris Estes, leasing the Priority 48A Water Right
to Chris Estes until February 28, 2006 (hereinafter referred to as the "Estes Lease"), the Lease
shall be interruptible by the Town upon 5 days notice whenever a valid administrative call is
being enforced by the Colorado Division of Water Resources for the benefit of any water right
which is junior to Priority No. 63 water right upon Gypsum Creek. At such times of interruption,
the Town shall be entitled to claim all use for such right, including any historic consumptive use
under the Priority 48A water right. The Town shall be free to substitute other water sources,
similar in water quality and seniority under the Lease and shall be free to involve the Priority
48A water right in any judicial or administrative plan or proceeding for the Town's municipal
water supplies, provided that such actions do not adversely affect the delivery of water to the
County as described in this paragraph.
C. During the term of the lease, County may include the Priority 48A Water
Right in an application for a plan for augmentation and/or for alternate points of diversion to
facilitate County's use of said right, provided that: a) any such application shall be subject to the
terms of this Intergovernmental Agreement and the lease; and b) that the proposed change, form
and content of the application is acceptable to the Town, which consent shall not be
unreasonably withheld. County shall provide Town thirty (30) days notice of such application
before filing the same, together with a copy of the proposed application and supporting
engineering report, and County shall not file such application if Town reasonably object thereto.
6. Wastewater Separate. This Agreement is not intended to address the wastewater
demands or charges due from the County for wastewater (sewer) service, which shall be
independently assessed and collected. Provided however, since the EQR determinations
described in paragraphs 1 and 2, above, do not encompass water for irrigation uses, the EQR
determination for the County's uses shall be as described herein.
7. Breach; Remedies.
A. Except as otherwise provided herein, if either party shall be in material default
or breach in performance of any term, covenant, or condition of this Intergovernmental
Agreement, the party not in material default or breach shall give the defaulting or breaching
party prompt written notice, as provided in paragraph 8, below, of such breach or default. If the
material default or breach is not cured within thirty (30) days following the notice, the party that
is not in material default or breach shall be entitled to seek any remedy which it may have by
law, the Town Code, or equity. The provisions of this Intergovernmental Agreement maybe
enforced in a Court of competent jurisdiction and, in any action based on this Intergovernmental
Agreement; the prevailing party therein shall be entitled to costs and fees, including reasonable
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attorney fees. During the pendency of any material default or breach by the County, the Town
shall have the right to declare a default, breach or violation of the 1041 Approval and the Town
shall have all rights accorded to it under the Town Code for such breach, default or violation.
B. The financial obligations of the County hereunder shall be subject to and
contingent upon future budgeting and appropriation for the same in accordance with Colorado
law. The County's failure to budget or appropriate funds for any payment required of the County
hereunder shall not, however, prevent the Town from implementing reductions or termination of
service because of nonpayment as provided in the Town Code.
C. The Town's obligations to deliver water to the airport are conditioned upon
the availability of water within the Town's municipal water system and are governed by the
Town Code. In the event of a shortage of water available to the Town prevents delivery of water
to parties serviced by the Town, the Town Code authorizes reductions or even curtailment to
parties outside of the Town limits; by this Intergovernmental Agreement the parties acknowledge
and agree that the Town shall not be in default hereunder if a shortage of water within the
Town's municipal water system (i.e., system capacity) prevents deliveries, in whole or in part, to
the County consistent with the provisions of the Town Code regarding curtailment of water uses.
8. Notices. Any successor of any party shall notify the other parties of a change required
in this notice section. Each party shall notify the other party of any change in the designated
address or contact person for notice. All notices required to be delivered under this Agreement
shall be in writing and shall be hand delivered or sent certified mail, return receipt requested, to
the following:
To the Town: Town Manager
Town of Gypsum
P.O. Box 130
50 Lundgren Blvd.
Gypsum, CO 81637
With a copy to: Kevin L. Patrick
Patrick, Miller & Kropf, P.C.
730 East Durant Ave., Ste. 200
Aspen, CO 81611
To the County: Eagle County Administrator
P.O. BOX 850
500 Broadway
Eagle, CO 81631
With a copy to: Eagle County Attorney
P.O. Box 850
500 Broadway
Eagle, CO 81631
9. Binding Effect. This Agreement is binding upon the parties hereto and each party
represents to one another that all procedures necessary to validly contract and execute this
Agreement have been duly performed and that the persons signing for each party have full
authority to do so.
10. Relation to Prior Agreements. Nothing herein shall be construed so as to
supercede, modify or terminate the 1988 Agreement. The 1990 Agreement is acknowledged to
be terminated and replaced by the 1996 Agreement and this Intergovernmental Agreement.
Nothing herein shall be construed so as to supercede, modify or terminate the 1996 Agreement.
Nothing herein shall be construed so as to supercede, modify or terminate any other agreement
which the Town has with any other party, entity, person or user of the Town's water, such as, but
not limited to, the Fixed Base Operations, Inc, or Vail valley Jet Center, Inc.
WHEREFORE, the parties have executed this Intergovernmental Agreement effective
on the day and year first set forth above.
COUNTY OF EAGLE, STATE OF COLORADO
by and through its BOARD COUNTY
COMMISSIONERS
By
Tom C. S one, Chairman
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Attest: °
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By oi~r ~ ,
Teak J. Simonton°,
Clerk to the Board of County Commissioners
STATE OF COLORADO )
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COUNTY OF ~, ~ ~0 ~ )
Subscribed and sworn to before me this ~ ~~day of ~~ ~-- , 2004 by Tom C. Stone, as
Chairman of the Eagle County Board of County Commissioners.
Witness my hand and official seal.
My Commission expires: (~ t`2-- ~ ~ ~) ~ '~
Notary Public
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By OGNT~, C Ol4~POo
Jenny l;llringer own Clerk
TOWN OF GYPS
` Steve Carver, Mayor
STATE OF COLORADO )
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COUNTY OF ~ ~ )
Subscribed and sworn to before me this ~~! ~ day of ~ 2004, by Steve
Carver, as Mayor of the Town of Gypsum.
Witness my hand and officia~l //seal.
My '~ 'on expires: "7a7 ~61 .
~pv Pue4
r,DAN~~E ~~ Notary Public
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LEGAL DESCRIPTION
EAGLE COUNTY AIRPORT
ADDffIONS TO TERMINAL LEASE
TWO PARCELS OF LAND LOCATED IN TRACT 57, SECTION 3, T5S, R85W, OF
THE 6T" P.M., EAGLE COUNTY, COLORADO ACCORDING TO THE INDEPENDENT
RESURVEY OF SAID TOWNSHIP AND RANGE AS APPROVED BY THE U.S.
SURVEYOR GENERAL'S OFFICE IN DENVER, COLORADO ON JUNE 20, 1922.
ALL BEARINGS CONTAINED HEREIN BEING RELATIVE TO A BEARING OF
N00~1'00"E ON THE LINE FROM THE WITNESS CORNER FOR ANGLE POINT NO.
3 OF TRACT 57 (2.5" G.L.O. BRASS CAP -1918) TO ANGLE POINT N0.4 OF
TRACT 58 (3.25" ALUMINUM MONUMENT- P.L.S. 13901). SAID PARCELS OF
LAND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
PARCEL A
BEGINNING AT THE CORNER COMMON TO TRACTS 55, 56, 58, AND 59; THENCE
S30~5'29"E, 2,017.68 FEET TO THE NORTHEASTERLY CORNER OF THE
TERMINAL LEASE; THENCE S08~9'31 "E, 70.00 FEET TO THE TRUE POINT OF
BEGINNING; THENCE N81°~0'29"E, 238.00 FEET; THENCE S08°~9'31"E, 212.50
FEET; THENCE S81 X0'29"W, 238.00 FEET TO THE SOUTHEASTERLY CORNER
OF THE EXISTING TERMINAL LEASE; THENCE N08~9'31 "W, 212.50 FEET ALONG
THE EASTERLY LINE OF SAID TERMINAL LEASE TO THE TRUE POINT OF
BEGINNING. SAID PARCEL CONTAINS 50,575 SQUARE FEET MORE OR LESS.
PARCEL B
BEGINNING AT THE CORNER COMMON TO TRACTS 55, 56, 58, AND 59; THENCE
S30~5'29"E, 2,017.68 FEET TO THE NORTHEASTERLY CORNER OF THE
TERMINAL LEASE; THENCE S81 X0'29"W, 467.50 FEET; THENCE S08~9'31"E,
70.00 FEET; THENCE S81°~0'29"W, 318.71 FEET TO THE TRUE POINT OF
BEGINNING; THENCE S81°~0'29"W, 118.29 FEET; THENCE S08°~9'31"E, 212.50
FEET; THENCE N81 X0'29"E, 118.29 FEET TO THE SOUTHWESTERLY CORNER
OF THE EXISTING TERMINAL LEASE; THENCE N08`~9'31"W 212.50 FEET ALONG
THE WESTERLY LINE OF SAID TERMINAL LEASE TO THE TRUE POINT OF
BEGINNING. SAID PARCEL CONTAINS 25,137 SQUARE FEET MORE OR LESS.
EXHIBIT
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EXHIBIT ,~B~~
Summer Water usage August 2001: 585,000 (585,000 divided by 15,000= 39.00 EQR)
Winter Water usage March 2001: 308,000 (308,000 divided by 15,000= 20.53 EQR)
105% of 20.53 EQR = 21.56 EQR will be the initial "Existing Potable Water Sep ,'ice"
Assumption under Paragraph 1.
W.•IGYPSUMI37i (2) Eagly County 10411DocumentslEXHIBIT D 06-24-03.doc
EXHIBIT
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ADDITIONS TO
TERMINAL PARCEL
ALUM/NUM CAP MONUMENT (PLS 13901)
WAS SE! BY EAGLE COUNTY
(3.25' C4P ON A T.5' ALUM. P/PE - 1991)
TRACT 58 TRACT 55
ANGLE POINT NO 4 ANGLE POINT NO 3
TRACT 59 TRACT 56
ANGLE POINT N01 ANGLE POINT N0.2
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~w 3 N81'S0'29"E `_ STA• 26+32.50
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NOTES:
1) ALL BEARINGS ARE BASED ON THE LINE BETWEEN THE NORTHERLY
WITNESS CORNER FOR CORNER N0. 3 OF TRACT 57 AND CORNER N0.
4 OF TRACT 58 AS BEARING N00'21'00"E. BOTH CORNERS ARE
DESCRIBED IN THIS DRAWING.
2) THIS DOCUMENT IS NOT AN OFFlCIAL SURVEY. THE DESCRIPTION WAS
BASED ON PREVIOUS DESCRIPTIONS AND NO FlELD WORK HAS BEEN
DONE BY ME TO VERIFY IT'S LOCATION.
(G.LO) BRASS GiP W77NES5 CORNER
70 ANCLE PO/NT N0.3 OF 7R9CT 57
(2.5' G9P ON A 1' P/PE - 1918)
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TRACT 57
ANGLE POINT NO 3
CALCULATED ONLY - NO MONUMENT
MESA ROAD
CDD~EY
EAGLE COUNTY ENGINEERING DEPT
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T.P•0•B.
118 29' " PARCEL A \
581'50'29 `N ,,,,.~n'29"~
PARCEL e
SOB-09'31"E
sa1'~o•zs"W L P ARCEL
318.71
N TERM~N A
o
70.00'
508'09'31"E 212.50' "
~~ 508'09'31 E
PARCEL A
_ 118.29'
N81'S0'29"E
