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HomeMy WebLinkAboutC06-234 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, COLORADO AND GREATER EAGLE FIRE PROTECTION DISTRICT, CONCERNING THE COLLECTION, PAYMENT AND USE OF EMERGENCY SERVICE IMP ACT FEES. THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this ~\ of ,\ VI-'/, , 2006, by and between the County of Eagle, Colorado ("County") and Greater Eagle Fire Protection District ("District"), a special district of the State of Colorado. RECITALS WHEREAS, Eagle County is a statutory county and political subdivision of the State of Colorado operating pursuant to Title 30, C.R.S; and WHEREAS, the District is a quasi-municipal government and political subdivision of the State of Colorado operating pursuant to Article 1, Title 32, C.R.S., to provide prevention and extinguishment of fire, protection of life and property from fire, enforcement of fire prevention codes, hazardous materials response, and other emergency services authorized by statute or typically provided by a public fire department (collectively, "Emergency Services") within Eagle County; and WHEREAS, Article XI, Section 7, of the Colorado Constitution allows the State and its political subdivisions to give direct or indirect assistance to any other political subdivision as may be authorized by general statutes; and WHEREAS, Article XIV, Section 18(2)(a) ofthe Colorado Constitution supports the cooperation or contracting by or among any of its political subdivisions to provide any function or facility lawfully authorized to each of the cooperating units, including, without limitation, the sharing of costs, the imposition of taxes, or the incurring of debts; and WHEREAS, Sections 29-1-201 and 203, C.R.S., pennit and encourage governmental entities to make the most efficient and effective use of their powers and responsibilities by cooperating and contracting with other governmental entities to provide any function, service or facility lawfully authorized to each, including the sharing of costs; and WHEREAS, the Local Government Land Use Control Enabling Act of 1974 authorizes and encourages local governments to cooperate or contract with other units of government for the purpose of regulating the development of land, including the impacts resulting therefrom; and G:IClients\Grealcr Eagle Fire\AgreemenlslGrealer Eagle FPD Impact Fee Fire IGADOC WHEREAS, Section 29-20-104.5 authorizes counties and municipalities to impose an impact fee as a condition of issuance of a development permit to offset the costs of providing any capital facility directly related to any service the county or municipality is authorized to provide, that has a useful life of at least five years, and is required by charter or general policy of the county or municipality; and WHEREAS, new development within the County is placing significant additional demands on the provision of Emergency Services and the capital facilities necessary to provide them; and WHEREAS, the volume and pace of land development in the County threatens the provision of adequate Emergency Services and facilities; and WHEREAS, the County acknowledges that without the assistance of the County in collecting the Emergency Service Impact Fees and their expenditure on necessary public facilities to provide the Emergency Services, citizens of the County would suffer the result of decreased levels of Emergency Services; and WHEREAS, pursuant to Resolution No. 2006-0 IS the Board of County Commissioners of the County has adopted as part of the Eagle County Land Use Regulations Section 4-720, Emergency Service Impact Fees, which Section provides a prograrn of Emergency Service Impact Fees to be imposed on development which generates a need for additional Emergency Service Capital Improvements; and WHEREAS, pursuant to Resolution No. 2006- <ji~\ the Board of County Commissioners has established applicable amounts of such Emergency Service Impact Fees for the District; and WHEREAS, the Eagle County Board of County Commissioners, upon consideration of the impacts of land developments within the County on the ability of the District to provide adequate Emergency Services and related capital facilities within the County, have determined that it is in the best interests of the citizens of the County and the District to cooperatively and in a coordinated fashion utilize the revenues from the County's Emergency Services Impact Fees to fund expenditures by the County on capital facilities needed to provide Emergency Services to new development; NOW, THEREFORE, in consideration of the Recitals stated above, and the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which is acknowledged, the County and the District agree as follows: 2 SECTION I. PURPOSE The purpose of this Agreement is to provide for the joint and cooperative funding of expenditures by the parties on capital facilities needed to provide Emergency Services to new development occurring within the County, and thereby carry out the purposes and intent of Eagle County Resolution Nos. 2006-015 and ')DO~? ,~)bfT?("the Impact Fee Resolutions"). Terms used in this Agreement and not defined herein shall have the meanings given to them in the Impact Fee Resolutions. SECTION 2. IMPOSITION AND COLLECTION OF AN EMERGENCY SERVICE IMPACT FEE 2.1 During the term of this Agreement, the County shall impose an Emergency Service Impact Fee on each Lot (or other portion) of a Development upon the Commencement of the Emergency Service-Generating Development and paid at the time of issuance of a Building Permit. 2.2 For requests for Development approvals that are processed by the County Community Development Department, the required Emergency Service Impact Fee shall be collected by the Community Development Department prior to such approval and transferred to the District as provided herein. 2.3 The County shall not issue a Development approval for a development activity subject to the County's Emergency Service Impact Fees until the applicant provides proof of the applicant's payment of the County's Emergency Service Impact Fee. 2.4 The Board of County Commissioners may waive the applicable Emergency Service Impact Fee on the development oflow or moderate-income housing or affordable employee housing as defined in Section 4-710 of the Eagle County Land Use Regulations, and pursuant to C.R.S. 29-20-104.5(5). SECTION 3. ADMINISTRATION AND EXPENDITURE OF EMERGENCY SERVICE IMPACT FEE REVENUES 3.1 When an Impact Fee is paid to the County by a developer, such funds shall be transferred by the County to the District within sixty (60) days following receipt of such funds, less six percent (6%) of the fee as an administrative fee to offset the County's costs of collecting and administering the fee. The County hereby appoints and designates 3 the District as the County's designee and agent for purposes of administering and expending the Emergency Service Impact Fees as provided herein. 3.2 Upon receipt, the District shall deposit the County's Emergency Service Impact Fees in an interest-bearing account identifying the lot, development activity and development approval for which the Emergency Service Impact Fee was collected and the associated category, account, or fund of capital expenditure for which such Emergency Service Impact Fee was imposed. Any interest or other income earned on rnoneys deposited in the interest-bearing account shall be credited to the account. 3.3 The District shall use the County's Emergency Service Impact Fees to jointly fund, in combination with the District funds, the capital facilities necessary to provide the Emergency Services needed to serve the development, as contemplated by the Eagle County Emergency Services Impact Fee Analysis for the Greater Eagle Fire Protection District, Gypsum Fire Protection District, Basalt and Rural Fire Protection District, and Western Eagle County Ambulance District, dated July II, 2006, prepared by Public Safety Consultants, or any updated, amended or replacement analysis adopted by the County ("Impact Fee Analysis") attached hereto as Exhibit' A' . 3.4 The District may only utilize the County's Emergency Service Impact Fee revenues for planning, preliminary architectural and engineering services, architectural and engineering design studies, land surveys, land acquisition, site improvements and off- site improvements associated with new or expanded facilities; the construction of buildings and other facilities; and the purchase of apparatus and equipment, including communications equipment, with an average useable life of at least five (5) years. No Emergency Service Impact Fees shall be used for periodic or routine maintenance of facilities and equipment, personnel costs, or operational expenses, or any purpose not otherwise authorized by Section 29-20-104.5, C.R.S.. 3.5 In the event bonds or similar debt instruments are used to fund Emergency Service Capital Improvements necessary to provide the Emergency Services to a development within the County prior to collecting the Emergency Service Impact Fees associated with the development, once collected the County Emergency Service Impact Fees may be used to pay debt service on such bonds or similar debt instruments. 3.6 The District shall account for all County Emergency Service Impact Fees collected pursuant to this Agreement in the manner required by Sections 29-1-801, et seq., C.R.S., and other applicable law. 3.7 The District shall establish and maintain a separate accounting system to ensure that all County Emergency Service Impact Fees administered by the District pursuant to this Agreement are expended for the purposes set forth in this Agreement. No less than annually, and more frequently as may be reasonably requested by the County, the District shall provide the County an accounting of all County Emergency 4 Service Impact Fees collected, held and expended and otherwise administered by the District on behalf of the County. The District shall also provide to the County no later than December I of each year a report of anticipated expenditures of the County Emergency Service Impact Fees for the coming year. 3.8 The expenditure of revenues from the County Emergency Service Impact Fees shall constitute expenditure by the County for assisting in the provision of Emergency Services to new development within the County. In exchange for the County's expenditure of the Emergency Service Impact Fees to jointly fund capital facilities in cooperation with the District, the County shall obtain an ownership interest in the capital facilities funded by such Emergency Service Impact Fees, proportional to the amount 9f County Emergency Service Impact Fees utilized to fund the capital facility. 3.9 In exchange for the continued provision of the Emergency Services within the County by the District, the County hereby assigns to the District the County's interest in any and all capital facilities funded in whole or part by the County's Emergency Service Impact Fees, for the life of the capital facility. The District shall operate and maintain the capital facilities in good condition, subject to reasonable wear and tear. This section shall survive and remain in effect notwithstanding the termination of this Agreement or repeal or amendment of the Impact Fee Resolutions for so long as the District continues to use the capital facilities to provide the Emergency Services to the development which paid the County's Emergency Service Impact Fees. Upon the expiration of the useful life of the capital facilities, any remaining County interest shall automatically transfer to the District. SECTION 4. LIABILITY AND INDEMNIFICATION 4.1 Any other provisions of this Agreement notwithstanding, if the County is required to make any refund of any Emergency Service Impact Fee, the District shall reimburse the County for the required refund. The District shall indemnify, defend and hold the County and its officers, agents and employees harmless from and against any and all claims or liability arising from the County's implementation of this Agreement; or the administration and expenditure by the District of any of the County's Emergency Service Impact Fees. Specifically, this indemnification shall include, but not be limited to, any legal action by any party contesting this Agreement or the Impact Fee Resolutions on the grounds of unconstitutionality, lack of authority, or preemption by State law. The District shall also indemnify, defend and hold the County, and its officers, agents and employees, harmless from and against any and all claims arising from any breach or default in the performance of the obligations on the District's part to be performed under the provisions of this Agreement, or arising from any intentional acts, negligence or omissions of the District or any of its officers, agents, and employees. Such indemnification by the District as provided in this Section shall include all costs, 5 attorneys' fees, expenses and liabilities incurred in the defense of any claim or any action or proceeding brought on any such claim. Provided, however, nothing contained herein waives or is intended to waive any protections that may be applicable to the District under the Governmental Immunity Act, Section 24-10-10 I, et seq., c.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws. In the event the County is named as a party in any legal action, in consultation with the County, the District shall select legal counsel to represent the County in such action. SECTION 5. TERM OF AGREEMENT The term of this Agreement shall commence upon execution of this Agreement and shall continue until the Impact Fee Resolutions are repealed. Provided, however, either party may terminate this Agreement upon giving at least ninety (90) days written notice of such intent to terminate to the other party. This Agreement is also subject to annual appropriation by either party of sufficient funds necessary to carry out the obligations of the party. Upon termination the District shall promptly return to the County all County Emergency Service Impact Fees and interest accrued thereon that have not been expended on capital facilities under this Agreement, and each party shall have no further obligations under this Agreement, subject to the continued validity of Sections 3.8 and 3.9 as to capital facilities funded prior to such termination in whole or in part by the expenditure of County Emergency Service Impact Fees. SECTION 6. REMEDIES 6.1 Time is of the essence in this Agreement. 6.2 If a party violates or breaches or fails to keep or perform any covenant, agreement, term or condition of this Agreement at the time designated; or in the event a party is in default or in violation of a term of this Agreement for which no specific time is designated, and the default or violation continues or is not remedied within thirty (30) days after notice in writing is given by the non-breaching party to the other party specifying the matter claimed to be in default, the non-breaching party shall be entitled to pursue all remedies available at law or in equity to enforce the terms of this Agreement, including the right of specific performance. Provided, however, with respect to any default that cannot be cured within thirty (30) days, such legal remedies shall not be pursued if the breaching party takes all steps necessary to cure the default within such period and thereafter continuously exercises due diligence to cure the default. 6 6.3 The County shall use its best efforts to collect the Emergency Service Impact Fees and withhold Development approvals until the Emergency Service Impact Fees are paid as provided in this Agreement; however, inadvertent failure to do so by the County shall not give rise to any liability by the County. The County's failure to collect the Emergency Service Impact Fees or the County's issuance of Development approval without first receiving the Emergency Service Impact Fees shall not constitute a waiver of the County's authority to collect such fees. In such case, the non-collected Emergency Service Impact Fees shall remain valid obligations and the County and the District shall cooperate to take such actions as are necessary to facilitate the collection of the same, including without limitation, and to the extent legally permissible, suspending or revoking any permission to develop land previously granted. SECTION 7. NOTICES 7.1 All notices that may be required or given pursuant to this Agreement by a party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States first class mail, postage prepaid, and addressed as follows: DISTRICT EAGLE COUNTY Greater Eagle Fire Protection District Director of Community Development P.O. Box 961 Eagle County Community Development Eagle, CO 81631 Department P.O. Box 850 Eagle, Colorado 81631 7.2 The address to which any notice or other writing may be given to any party as above provided may be changed by written notice given by such party as above provided. SECTION 8. MISCELLANEOUS PROVISIONS 8.1 This Agreement is expressly conditioned upon the continuance in force of the Impact Fee Resolutions. In the event the Impact Fee Resolutions are repealed or amended in a manner that is inconsistent with the terms of this Agreement, this Agreement shall terminate. 8.2 No modification or waiver of this Agreement or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all parties. 7 8.3 This written Agreement embodies the whole Agreement between the parties and there are no inducements, promises, terms, conditions or other obligations made or entered into by the parties other than those contained herein. 8.4 This Agreement shall be binding upon the parties hereto, the respective successors or assigns, and may not be assigned by any party without the express written consent of the other party. 8.5 All terms contained in this Agreement are severable and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term or condition is not contained herein. 8.6 The signatories to this Agreement affirm and warrant that they are fully authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize their execution of this Agreement have been made. 8.7 This Agreement may be amended from time to time by written Agreement duly authorized by all the parties to this Agreement. 8.8 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. 8.9 This Agreement, or a memorandum of this Agreement, may be recorded in the records of the Eagle County Clerk and Recorder. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO By and Through its Board of County ~;~ 8 Greater Eagle Fire Protection District, a Colorado special district, acting by and through its Board of Directors /\ / By I f ",i J~-~__ f Attest: 9