HomeMy WebLinkAboutC04-227 Eagle River Fire Protection District~~ `~ ~-aa7 -S I INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY AND THE EAGLE FIRE PROTECTION DISTRICT THIS INTERGOVERNMENTAL AGREEMENT is made and entered into as of this day of July, 2004, by the County of Eagle, a political subdivision of the State of Colorado (hereinafter referred to as the "County") and the Eagle River Fire Protection District, aquasi- municipal Corpor ~tion and political subdivision of the State of Colorado (hereinaftti:r referred to as the "District"). Collectively these entities are also referred to as the "Parties." RECITALS: WHEREAS, effective on January 1, 2004, the County adopted the International Building Code, 2003 Edition, together with appendices and amendments thereto as set forth in County Resolution No. 2003-165; and WHEREAS, effective on January 1, 2004, the County adopted the International Fire Code, 2003 Edition, together with appendices and amendments as set forth in County Resolution No. 2003-165; and WHEREAS, the Eagle River Fire Protection District administers fire protection for all the properties within its boundaries; and WHEREAS, the County has established, advertised and hired for the position of County Building Inspector, pursuant to Section 30-28-114, Colorado Revised Statutes; and WHEREAS, the Fire Chief or his designee of a Fire Protection District conducts Fire Code inspections and plan reviews; and WHEREAS, the County desires to designate the Fire Chief or his designee of the Fire Protection District the title of County Deputy Building Inspector only for the purpose set forth herein; and WHEREAS, the County has the power to issue and withhold building permits pursuant to Sections 30-28-205 and 32-1-1002(1)(d), Colorado Revised Statues; and WHEREAS, the Colorado Constitution and statutes of the State of Colorado permit and encourage agreements between political subdivisions of the State, in order that the inhabitants of such political subdivisions may thereby secure high quality governmental services; and WHEREAS, the purposes of this Intergovernmental Agreement is to provide plan review, fire code inspection and fire code enforcement as set forth herein within the Fire Protection Area which is more particularly described in the attached Exhibit "A" (hereinafter referred to as the "Fire Protection Area"). 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. The County shall provide the District all building plans for all occupancies except Group R-3 and Group U as defined by the Building Code, to be constructed or located within the Fire Protection Area. The District shall, ti~rough the Fire Chief or his designee, provide plan review comments to Eagle County witl-~n two weeks upon receipt of building plans, inspections and code enforcement as to the fire prey fntion and suppression portions of the plans and. construction for all such occupancies. Code enforcement (beyond stop work orders) will be done jointly with the County. 2. The County may not issue a building permit for any structure unless such building plans demonstrate compliance with the County's Building Code and Fire Code and shall not issue a certificate of occupancy, whether temporary or final, for any structure, except Group R-3 and Group U occupancies, located within the Fire Protection Area until after approved final inspection and signature by the Fire Chief or his designee. 3. The County shall provide the Fire Chief or his designee all applicable land use applications within the Fire Protection Area. The District, acting through the Fire Chief or his designee shall provide application review, inspections and enforcement as to the fire prevention and suppression portions of the applications and supporting plans. Enforcement shall be done jointly with the County. 4. Within thirty (30) days of executing this Intergovernmental Agreement, the District shall submit comments on all applicable land use applications and building permit plans within the Fire Protection Area. 5. The District shall issue permits for the installation of fire alarms and fire sprinklers for all occupancies except R-3 and Group U and collect and retain fees as stipulated in the Eagle County Building Resolution. 6. The Fire Chief or his designee shall at all times have and maintain all licenses, certificates, credentials and education as are required under the laws of the State of Colorado, the Building Code and Fire Code to perform plan review and issue building permits and certificates of occupancy, and inspect structures relative to fire safety (including fire sprinkler) and Fire Code compliance. 7. The District agrees, to the extent permitted bylaw, to indemnify, defend and hold harmless the County, its respective agents, officers, servants, and employees of and from any and all loss, costs, damage, injury, liability, claims, liens, demands, actions and causes of actions whatsoever, arising out of or related to the Fire Protection District's intentional or negligent acts, errors or omissions or that of its agents, officers, servants and employees, whether contractual or otherwise. This indemnity provision specifically includes all general building inspection services performed by, or on behalf of the Fire Protection District prior to the effective date of the agreement. 2 8. In performing any acts or duties contained in this Intergovernmental Agreement, the Fire Chief or his designee will remain an employee of the District for all purposes, including but not limited to all employment related laws and regulations including payment of Worker's Compensation and compliance with the Federal Fair Labor Standards Act, and shall not be considered an employee of the County. It is expressly acknowledged and understood by the parties hereto that nothing contained in this Intergovernmental Agreement shall result in, or be construed as establishing, an employment relationship. The Fire Chief or his designee shall be, and shall perform as, an independent contractor. No agent, subvontractor, employee, or the District shall be, or deemed to be, the employee, agent or servant of the County. The Fire Chief or his designee shall not represent, act, purport to act or be deemed the agent, representative, employee or servant of the County. 9. Each party to this Intergovernmental Agreement shall provide its own public liability and property damage insurance coverage as it may deem necessary for any potential liability arising from this Agreement. 10. This Intergovernmental Agreement shall automatically be renewed on the first day of January of each year hereafter unless earlier terminated by either party, with or without cause, by giving thirty (30) days written notice to the other party. 11. This Agreement shall be governed and construed in accordance with the laws of the State of Colorado. Venue for any District Court action shall be in Eagle County, Colorado. 12. All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand-delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the parties as follows: The Eagle River Fire Protection District 351 Benchmark Rd Post Office Box 7980 Avon, Colorado 81620 Eagle County Chief Building Official c/o Dan Stanek 500 Broadway Post Office Box 850 Eagle, Colorado 81631 13. 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 way the powers and responsibilities of the County, the District, or any other entity not a party hereto. 14. If any portion of this Intergovernmental Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party ar 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. 15. This Agreement maybe amended from time to time by a written agreement duly authorized and executed by the all the Parties to this Agreement. 16. This Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. EXECUTED as of the date first written above. o~'~ ~'a ~ ATTEST: ~ ~~ ~ ~" ~ ~. Teak J. Simonton, Clerk to the of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF COUNTY COMISSIONERS Tom C. Stone, Chairman Commissioner ATT~E ~': By: EAGLE RIVER FIRE PROTECTION DISTRICT ~-c~ ~n ~o~c~nr arsr~rcr LEGAL DESCRIPTION RECORDED JUNE 28, 2001 AT RECEPTION N0. 760873 A District Located in Townships 4 and 5 South, Ranges $1,82 and 83 West of the 6th Principal Meridian, Eagle County, Colorado, being more particularly described as follows: Beginning at a point on the Greater Eagle Fire Protection District Boundary, said point being the intersection of the Divide between Salt Creek and Squaw Creek and the South line of Section 36, Township 5 South, Range 83 West of the Sixth Principal Meridian, said line being also the First Standard Parallel South; thence easterly along the First Standard Parallel South to the Southeast corner of Section 33, Township 5 South, Range 81 West; thence northerly along the East lines of Sections 33, 28, 21 and 16, Township 5 South, Range 81 West to the Northeast corner of Section 16; thence westerly along the North line of the Northeast 1/4 of Section 16 to the East 1/16 corner of Sections 9 and 16, thence northerly 1475.32 feet more or less to the Southeast 1/16 corner of Section 9; thence easterly 1413.37 feet more or less to the South 1/16 corner of Section 9 and 10, Township 5 South, Range 81 West, thence easterly 1384.91 feet more or less to the Southwest 1/16 comer of said Section 10; thence northerly 1349.33 feet more or less to the West 1/16 corner of said Section 10; thence easterly 1385.43 feet more or less to the center 1/4 corner of said Section 10; thence easterly 2763.23 feet more or less to the East 1/4 corner of said Section 10, thence northerly 2694.08 feet more or less to the Northeast corner of said Section 10; thence northerly along the East line of Section 3, Township 5 South, Range 81 West to the Northeast corner of said Section 3; thence westerly along the North lines of Sections 3 and 4, Township 5 South, Range 81 West to the Northwest corner of said Section 4, thence northerly along the East tine of Section 32, Township 4 South, Range 81 West to the Northeast corner of said Section 32; thence westerly along the North line of Section 32 to the Northwest corner of said Section 32; thence northerly along the East lines of Sections 30 and 19, Township 4 South, Range 81 West to the Northeast corner of said Section 19; thence westerly along the North line of Section 19 to the Northwest corner of said Section 19; thence northerly along the East line of Section 13, Township 4 South, Range 82 West to the Northeast corner of said Section 13; thence westerly along the North lines of Sections 13, 14, 15, 16, 17 and 18, Township 4 South, Range 82 West to the Northwest corner of said Section 18; thence westerly along the North lines of Sections 13 and 14, Township 4 South, Range 83 West to intersect the Greater Eagle Fire Protection District Boundary at the Northwest comer of said Section t 4; thence southerly along the West line of Section 14 to the Southwest corner of said Section 14; thence westerly along the North lines of Sections 22 and 21, Township 4 South, Range 83 West to the Northwest comer of said Sections 21; thence southerly along the West lines of Sections 21, 28 and 33, Township 4 South, Range 83 West to the Southwest corner of said Section 33; thence southerly along the West lines of Sections 4, 9 and 16, Township 5 South, Range 83 West to the Southwest corner of Section 16; thence easterly along the South line of Section 16 to the Southeast corner of said Section 16; thence southerly along the West line of Section 22, Township 5 South, Range 83 West to the Southwest corner of said Section 22; thence easterly along the South line of Sections 22 and 23 to a point of intersection with the Divide between Salt Creek and Squaw Creek; thence southerly along said divide across Sections 26, 35 and 36 to the Point of Beginning. LESS AND EXCEPT Those lands lying within the boundaries of the Beaver Creek Metropolitan District as recorded in the Public Records of Eagle County, Colorado. LEGAL DESCRIPTION OF INCLUSION RECORDED ~1NE 24, 2002 AT RECEPTION N0. 799500 LOCATED IN TOWNSHIPS 5, 6, 7 AND 8 SOUTH, RANGES 80 AND 81 WEST OF THE 6TH PRINCIPAL MERIDIAN, EAGLE COUNTY, COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: SECTIONS 22, 23, 26, 27, 34, 35 AND 36, TOWNSHIP 5 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN; SECTIONS 1, 2, 11, 12, 13, 14, 23, 24, 25 AND 36, TOWNSHIP 6 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN; SECTIONS 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 AND 33, TOWNSHIP 6 SOUTH, RANGE 80 WEST OF THE SIX1H PRINCIPAL MERIDIAN; SECTIONS 1 AND 12, TOWNSHIP 7 SOUTH, RANGE 81 WEST OF THE 6TH PRINCIPAL MERIDIAN; SECTIONS 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 21, 22, 23, 26, 27, 28, 33, 34 AND 35, TOWNSHIP 7 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN; SECTIONS 2, 3, 4, 9, 10, 11 AND THAT PART OF SECTIONS 14, 15 AND 16 LYING NORTH OF THE EAGLE COUNTY-LAKE COUNTY LINE, TOWNSHIP 8 SOUTH, RANGE 80 WEST OF THE 6TH PRINCIPAL MERIDIAN. LESS AND EXCEPT: - ALL FEDERAL LANOS (BUREAU OF LAND MANAGEMENT AND U.S.D.A. FOREST SERVIE) - ALL FEDERAL AND STATE HIGHWAY/INTERSTATE RIGHT-OF-WAYS - SKI COOPER - VAIL SKI AREA ~~ ~VJV.6 Dano B. Spigener State of Colorado PLS No. 33655 SHEET 1 OF 1 c ~n EDWARDS BUSINESS CENTER P.O. 80X 97 # EDWARDS, COLORADO 81632 # (970) 926-3373 FAX (970) 926-3390 Toeneh;p 3. South JUNE 24 200! Ai RECEPTK)11 NO. 760873 in Townships 1 and S South, RongeE 81,82 and 83 Weat d lM 8M Prineipoi runty, Cdaodo, being urea paUeulony deaeribad os Idbws: Fnl on lM Greeter Eogkt fre Protection District 8oundory sold po;nt hairy tM ~ Diride between Soil Creek and $quow Creak Ond lM South Trle of Secl'KHI 36, Ronge 83 West of lM Sislh Princ;pd Merid;on, sold line [re;nq obo tM FTrsl South; thence aoalery obnq tM first Slaldwd PorolNl Sovlh to lM Southsosl .33. Township S South, Ronge 81 West thence rarlMny obnq 5M Eml Gees of tl and 16. Township 5 South, Ronqe 91 West to IM Nalhaost corner of Section ,ly obnq IM North I'ne d lM Nalheosl i/4 of SecCan tB to tM Eosl 1/16 corner 16, thence nortlltrly 1475.32 reel more a kss to lM Southaost 1/i6 corner of t emlery 1413.37 reel more a tess to IM south 1/18 caner d sael'ron 9 and 10. ' Rolye 81 Well, ihMCe eosterh 1384.91 reel more a leas to IM Southrest ad Secl'an 10; Ihsnee nalMry 1319.33 feel more a less to tM West 1/18 caner 7, thence eoslMy 1385,43 reel more a less to tM cantor 1/4 eornsr of sold Section +y 2763.23 leer more a las to the Eosl 1/4 caner of acid Sacl'an t0, thence feel moro a Nos to the Norlhwst caner of sold Section f0; !Mace northerly of Secl'an 3, Township 5 SouM, Rouge 81 Wssl to Ue Nalhaost corner o! ace restery obnq lM North Gnes of Sadions 3 and s, Township S South, (M Nalnwest caner of sold Section 4, !Mace norMery abnq tM Eosl lino d 'p 1 South. Range 81 Wesl to the Nalheoet Comer of soi0 Saelion 32: lMnce North line of Sectbll 32 t0 the Norihwesl Caner of sold Section 32: thence East Gnas d Seclbro 30 one 19, Township 4 South, Rolye 8t West to lM sold Section 19; thence waltsrly donq lM North GM of S4Clien 19 to tM I aoid Section 19: thence northerly ala+a tM Eosl line of sacl'an 13, Township Weal to IM Nalheosl tourer of sold t;on 13; !Mace reelerly okry tM tiers 13, 14, 1S, 16, 17 and 18, Township 4 SouM, Range 82 West to lM 1 sold section 18; Dlenee wsslery day tM North lines OI $eelbns 13 and 14, Rouge 83 Weat to intersect tM drenler EogN fire ProlecCan District Boundary Kerner of sold section 14; thMCe southerly obnq the Well Tres OI Section 14 caner d add Section 14; !Mace watery ola+q 1M North lines d S.ct'ans 22 a4 South, Rorye 83 West to iM NalMesl caner of sold Sections 21; !Noce t West Grlea d Sections 2t, 28 orw 33, TowrahiD 4 South, Range 83 West ~ornar d sold section 33: lMnee southery obry IM Wesl Goes of Sections !ship S South, Rnega 83 West to lM Souttreeal tenor of Sacl'an t6: Jry the South line of Section 1B to tM Southeast caner of sold Section 18; Wnq iM Worst line d Section 22, To+msl*D S South, Range 83 Wasl to tM f sold Sscl'an 22; thence easterly obnq tM South Tme of Seel;ons 22 and T3 ~tion with IM Divide between Solt Creek orM Sltuow Creek; IhMea southerly !cross Seel'ans 26. 35 and 38 to tM Point of Beginniry. 35~ vw NOTES: witMn tM Doundoles of the Beaver Creak Melropdilon D;slricl os receded in i of Eagk County, Cdorodo. x wausroN RECaaoED juNE 24, 2002 Ar RECEPnoN N0. 799500 PS S. 8. 7 AND 8 SOUM, RANGES 9o AND BI NEST DF TILE 8M PRNCIPAL MERIDIAN. EAGLE COIMTY, COLORADO, 1ARLY DESCRIBED AS Fq.LOWS: 1. THE SECTIONS, 70WNSNIPS AND RANGES DEPICTED ON MIS MAP 27, 31, 35 A11D 36. TONNSNM S SOUM. RANGE 81 WEST OF 711E 6M PRwC~AI 1$RIpAN: ARE IDEALIZED. T/ss MAP IS A GENERAL pEPK:TON Of THE LEGAL BOUNDAR T. 13. 14, 23, 24, 25 ANp 38. TOWNSHIP 6 SOI1M, RANGE 81 NEST a 711E 6M PRINCIPAL MERIDIAN; ONLY AND IS NOT TO BE RELIED UPON FOR PRECISi BOUNDARY LOCAnONS PAB'I. ME1RIdAN; 18. 19. 20. 21, 24 29, 30. 31, 32 AND 33, TpWNSNP 6 SOU1H, RANGE 80 NEST TpY1NSHIP 7 Sp11N, RANGE 81 WEST Oi THE 6M PRwCIPµ YERg1AN: 7, 0. 9. t0. 15, 16. 21, 22. 2A 28, 27, Te. 33, 34 AND 35. 70NNSNW 7 50UM, RANGE BO WEST tX 1EMDIAN; t0. tl AND THAT PMT Oi SECnONS 14, iS AND 16 LYING NORM OF 1NE EAGLE COUNTY-LAKE COUNTY U1N, RANGE MI WEST t>F 1NE BM PRwCIPAL MERIdµ, K (BUREAU OF LAND MANAGEMENT AND U.SD.A. FOREST SERVE) STALE NGNWAYJw7ERSTATE RIGHT-QF-WAYS SCALE: t':76000' NoncE: AaoRDINC ro caa+AOO uw You Musr cotlMENCE ANr LEGAL AcTroli ASED UPON ANY DEFECT w Mts E1o11B1T WITHw ns1EE YEARS AFTER YOU FIRST SCOVER SUCH DEFECT. w NO EVENT MAY ANY ACMw BASED UPON ANY DEFFC MIS EKIKBIT BE COMMENCED MORE 7iµ TEN YEARS FRgI THE DATE Oi THE CERnFICAnON SHOWN HEREpV. Legg ~_, ,{ Prit ENGINEERING INC .covet w sE9n~a~RN;~ ~P±P.12~ °: SHEET 1 OF 1 JOB x{48054.6