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HomeMy WebLinkAboutC12-067 Town of Gypsum First Amendment to Supplemental Agreement TEAK 201 20271 1 Pge: 14 04 :13 :46PM REC $0.00 DDC 02r08r2012 1 OHM 111311111111111 FIRST AMENDMENT TO SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT THIS FIRST AMENDMENT TO SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT, ( "Agreement ") is made and effective this /D day of 20 /0 , by and between the TOWN of GYPSUM, COLORADO, a Colo ado home -rule municipality ( "Gypsum "), and the COUNTY of EAGLE, a political subdivision of the State of Colorado, acting through its Board of County Commissioners ( "County "). Gypsum and the County may be referred to herein as the "parties." RECITALS 1. The parties previously entered into the following agreements with terms to extend water from Gypsum's municipal water system to certain property known as the Eagle County Airport Property ( "Airport Property "), as more particularly described in the legal description attached hereto as Exhibit "A ": A. Intergovernmental Agreement dated March 14, 1988 ( "1988 Agreement "); and B. 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 "); and C. Termination Agreement dated December 12, 1996 by and between the parties hereto and the Eagle River Water and Sanitation District ( "1996 Agreement "); and D. Intergovernmental Agreement dated February 9, 1999 (including April 27, 1999 Addendum)( "Maintenance Center Agreement "); and E. Intergovernmental Agreement dated April 19, 2004 ( "2004 Agreement "); and F. Supplemental Intergovernmental Agreement, dated July 13, 2010 ( "Supplemental IGA "). 2. The County's property was annexed to Gypsum under that Annexation Agreement dated July 13, 2010. 3. Gypsum's water right dedication fees and water service tap fees are expected to increase over time to meet increasing costs for water rights and demands. 4. Gypsum is in the process of developing water supplies for the Town's future use in meeting expected demands by upgrading a reservoir, and requires funding in 2011 and 2012 to make those upgrades. To reduce the County's future costs for Gypsum fees, the County seeks to prepay water dedication fees for approximately 55 equivalent residential units (EQR) at the current price, in order to provide water service for Eagle County's Airport Property through build -out up to 80 EQR. In addition, again, to reduce future costs, the County also seeks to prepay up to 20 water service tap fees for the Airport Property. 5. The above recited agreements allow for this prepayment of expected fees. FIRST AMENDMENT TO SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 2 NOW THEREFORE, for and in consideration of the mutual promises and covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by all parties, the parties agree as follows: 1. Prepayment of Water Right Dedication Fees and Water Service Tap Fees for Airport property A. Prepaid Water Right Dedication Fees. The Supplemental IGA recognized that the County used 25.13 EQR, plus retained 0.47 EQR credit toward the expected total water right dedication requirements of 80 EQR. Therefore, pursuant to the 2009 County Water Assessment, attached hereto as Exhibit `B ", if the County purchases an additional 54.4 EQR, it will prepay the entire expected water right dedication fee for future growth at the current rate. Because prepayment saves the County future funds, the County agrees to prepay 54.4 EQR of water right dedication fees pursuant to this Agreement. At the current rate of $7,000 per EQR, the total amount for this prepayment of 54.4 EQR is $380,800. Even though such EQR may be applied to future use, the prepayment described herein locks in the water dedication fee for up to 80 EQR. The parties agree that Gypsum will not charge future water right dedication fee increases to the 54.4 EQR secured by this Agreement, even if the County's uses occur during a later time when Gypsum's water right dedication fees are higher. B. Pre -paid Water Service Tap Fees. Gypsum and the County agree that the County will similarly prepay for water service tap fees for the Airport Property. The County seeks to prepay to 20 EQR of water tap fees at the current rate of $6,000 per EQR, for a total of $120,000. Even though such water service tap fee EQR may be applied to future uses, the prepayment described herein locks in the price for up to 20 EQR of water service tap fees. The parties agree no future tap fee increases will be applicable to the 20 EQR secured by this Agreement, even if those uses occur during a later time when the tap fees are higher. C. Annexation Agreement. Gypsum and the County entered into an Annexation Agreement for the North Airport Annexation dated July 13, 2010 (Reception No. 201014254, Eagle County Clerk & Recorder's Office, Eagle County, Colorado). Section 8 of this Annexation Agreement provided Gypsum with sole discretion to limit the number of water taps and relieved Gypsum of the obligation to obtain additional water rights to meet the future water demands of the Airport. The parties agree that such section of the Annexation Agreement shall not be applicable to the water and tap fees being purchased herein. Gypsum shall be obligated to obtain the water rights necessary to meet the EQR amount being purchased and will not curtail or otherwise limit the taps being purchased through this Agreement. D. Not Applicable to Expected Other Water and Sewer Demand. Gypsum and the County agree that the prepayments authorized by this Agreement are not applied to other existing uses on the County's leased property within the Annexation Property, including the High- Altitude Army Aviation Training Site (HAATS), the Vail FIRST AMENDMENT TO SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 3 Valley Jet Center or other county lessees, without written agreement and consent by both Gypsum and the County. E. Periodic Reassessment. Gypsum and the County agree to continue the periodic reassessments for use determined in the Supplemental Agreement, with the next periodic assessment conducted by Gypsum on or before October 30, 2012. However, the prepaid water dedication fees and prepaid tap fees shall be accounted for as County credits up to the total of 80 EQR for water right dedication, and up to 45.14 (25.14 + 20) EQR for prepaid water service taps. After that, if ever applicable, the assessment and any remaining payments shall be made by each 3 year anniversary, after Gypsum's notice to the County. F. Transferability. Gypsum and the County agree that such prepaid water right dedication fees and water service tap fees should not go perpetually unused. If after ten (10) years, the County determines that the Airport Property will not use all the pre - purchased water right dedication fees or water service tap fees prepaid under this Agreement, then the parties agree as follows: Any excess prepaid EQR (for water right dedication fees or water service tap fees) can be jointly assessed by the parties. Upon both parties agreement, such agreement not to be unreasonably withheld, excess prepaid EQR may be returned to Gypsum for a refund at the original purchase price (regardless of the current water right dedication . fee or tap fee at that time). Alternatively, upon agreement by both parties, such agreement not to be unreasonably withheld, the County may transfer excess EQR credits to other interested parties, but not at any fee greater than those fees paid under terms of this Agreement. Any refund is limited to the 54.4 EQR of water right dedication fees or 20 EQR of water tap fees secured under this Agreement. G. Payment. Payment of the water right dedication fees and water service tap fees will be made by the County to Gypsum within ninety days of executing this agreement. 2. Amendment to Supplemental IGA Only This First Amendment to Supplemental IGA Agreement is intended to only amend the 2010 Supplemental IGA Agreement, so that prepayment for water right dedication fees and water service tap fees may occur. All other provisions of the Supplemental IGA Agreement not covered herein shall remain intact and effective. In case of conflict between any provision of the 2010 Supplemental Agreement and this First Amendment to the Supplemental JCTA, this First Amendment to the Supplemental IGA shall govern. WHEREFORE, the parties have executed this First Amendment to Supplemental Intergovernmental Agreement effective on the day and year first set forth above. FIRST AMENDMENT TO SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 4 COUNTY OF EAGLE, STATE OF COLORADO By and through its BOARD OF COUNTY COMMISSIONERS , By - 4111111` °1 vou4 Jon Sta Chairman Attest: �' ♦ , By I_; Print Name: - J , ✓Iet -0 a Clerk to the Board of County Commissioners STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) Subscribed and sworn to before me this 1 Of 'day of 20 (Z by Jon Stavney, as Chairman of the Eagle County Board of County Commissioners. Witness my hand and official seal. DEBORAH LY J " NOTARY PUBLIC My Commission expires 1 / STATE OF COLORADO MY COMMISSION EXPIRES 3/24/2015 Notary Public FIRST AMENDMENT TO SUPPLEMENTAL INTERGOVERNMENTAL AGREEMENT EAGLE COUNTY, GYPSUM PAGE 5 TOWN OF GYPSUM ......... Steve Carver, Mayor Attes•: ..... By I / • Danette Schlegel Town Clerk, Town of Gypsum STATE OF COLORADO ) ) ss: COUNTY OF EAGLE ) Subscribed and sworn to before me this `1 day ofay&a 20 ■ by Steve Carver, as Mayer of the Town of Gypsum. Witness my hand and official seal. My Commission expires 3 - — 0► . NOT,A N Notary Public • First Amendment to Supplemental IGA PARCEL 1 A parcel of land located in Sections 2, 3, 4, and 9, Township 5 South, Range 85 West of the Sixth Principal Meridian, Town of Gypsum, Eagle County, Colorado being more particularly described by metes and bounds as follows: Beginning at a point being the Southeast Corner of the Eagle County Maintenance Service Center, according to the Amended Exemption Plat thereof, as recorded October 20,1999 as Reception No 712446; thence NO0 °09'30 "E, 1282.80 feet to Angle Point 1 of Tract No. 66 also being the Southeast Corner of the Longview Subdivision according to the Plat thereof as recorded December 27, 1971; thence along the South boundary of said Lot 1 S89 °53'27 "W, 340.66 feet; thence 490.42 feet along the arc of a curve to the left having a radius of 700.00 feet and a central angle of 40 °08'31" the chord of which bears N42 °01'07 "E, 480.46 feet to the North boundary of said Lot 1; thence N83 °06'37 "E, 20.21 feet, to the northeast corner of said Lot 1;thence departing said Lot 1 Boundary and along the West line of Tract 62 N 01 °08'09" W, 4.58 feet to the Southwest corner of Lehmann Parcel according to the Annexation plat thereof recorded at Reception No. 200617642; thence departing the West line of said Tract 62 and along the South lines of said Lehmann Parcel N 81 °50'25" E, 3616.85 feet to the Southeast corner of said Lehmann Parcel; thence along the easterly boundary of said Lehmann Parcel, and the easterly and southerly boundary of Gypsum Airpark LLC, DBA Gypsum Commercial Park, as recorded at Reception No. 609362 the following four (4)-courses and distances: 1) N 01 °49'43" E, 576.43 feet; 2) S 88 °10'31" E, 61.45 feet; 3) N 72 °24'56" E, 569.20 feet; 4) S 89 °08'06" E, 285.75 feet; thence departing said southerly line of Gypsum Airpark LLC, DBA Gypsum Commercial Park, continue S 89 °08'06" E, 1785.68 feet; thence N 00 °5190" E, 200.00 feet; thence S 89 °09'00" E, 1962.68 feet; thence S 00 °44'07" W, 200.00 feet; thence S 89 °09'21" E, 213.88 feet; thence S 70 °31'00" E, 327.11 feet to a point on the 2 -1 line of Tract 56; thence along said Iine N 89 °06'30" E, 479.92 feet to Corner 1 of said Tract 56 and Corner 4 of Tract 55; thence along the 4-5 line of said Tract 55, N 00 °11'54" W, 331.44 feet to the Northwest corner of that parcel of land described in Book 433 at Page 775; thence along the North line of said parcel S 81 °24'27" E, 1719.38 feet to the Northeast corner of said parcel; thence continue S 81 °24'27" E, 25.24 feet to the Northwest corner of Hoffman Exemption Plat according to the plat thereof recorded in Book 682 at Page 812; thence along the West boundary of said plat the following three (3) 'courses and distances: 1) S00 °48'16 "W, 973.02 feet; 2) 66.92 feet along the arc of a curve to the right having a radius of 85.03 feet, a central angle of 45 °05'54" and a chord which bears S23 °21'02 "W, 65.21 feet; EXHIBIT I . yr. .wr..�••L av va.pffiv111C11GQ1 Num 3) S 00 ° 48'16 "W, 183.50 feet, to the Northern boundary of those lands described in the Eagle County Airport Annexation to the Town of Gypsum, according to the Annexation Map thereof as recorded February 6,1997 as Reception No 614097; thence along said Northern boundary S81 °50'29 "W, 8852.25 feet; thence S00 °00'00 "E, 6.53 feet to' the North boundary of the CooIey Mesa Road Annexation to the Town of Gypsum, recorded February 6,1997 as reception No 614098; thence along said Northern boundary the following eighteen (18) courses: 1) 424.73 feet along the arc of a curve to the left having a radius of 1939.86 feet and a central angle of 12°32'4V the chord of which bears S77 °14'29 "W, 423.88 feet; 2) S70 °20'49 "W, 47.12 feet; 3) S69 °21 "W, 50.40 feet; . 4) S68 °4926 "W, 50.16feet; 5) S68 °43'47 "W, 3.33 feet; 6) S68 °43'26 "W, 199.69 feet; 7) S68 °50'49 "W, 46.74 feet; 8) S69 °37'20''W, 49.37 feet; 9) S71 ° 14'17 "W, 49.27 feet; 10) S72 °24'15 "W, 2.70 feet; 11) 266.75 feet along the arc of a curare to the right having a radius of 1115.92 feet and a central angle of 13 °41'46" the chord of which bears S79 °1923 "W, 266.12 feet; 12) 886 °43'16 "W, 22.37 feet; 13) S88 °0925 "W, 49.29 feet; 14) S89 ° 26'23 "W, 49.55 feet; 15) S89 °53'24 "W, 26.98 feet; 16) S00 °04'17 "E, 7.70 feet; 17) S89 °27'21 "W, 570.79 feet; 18) N89 °20'56 "W, 302,03 feet to the Point of Beginning. Containing 452.2 acres of land more or less. • rmrsr Amendment to Supplemental IGA • PARCEL 2 A parcel of land being a portion of Tract 54, Township 5 South, Range 85 West of the 6th Principal Meridian, County of Eagle, State of Colorado, more particularly described as follows: Beginning at a point being angle point 2 of said Tract 54, thence along the north Iine of said Tract 54, S89 ° 08'13 "E, 71426 feet to a point, being the northeast corner of Parcel A, Greenman Exemption Plat, as recorded April 28,.1989 at Reception No 401473, in the Office of the Eagle County Clerk and Recorder; thence departing said Tract Tine and along the southeast boundary of said Parcel. A the following 7 courses: 1) S47 °51'36 "W, 425.84 feet; 2) S42 °08'24 "E, 50.00 feet; 3) S47 °51'36 "W, 200.00 feet; 4) N42 °08'24"W, 50.00 feet; 5) S47 °51'38 "W, 137.21 feet; 6) S49 °08 "W, 156.51 feet; 7) 37.64 feet along the arc of a curve to the right having a radius of 1245.92 feet, an central angle of 01 °43'51 ", and a chord which bears S53 °28'32 "W, 37.63 feet to the westerly line of said Tract 54; thence along said westerly line of Tract 54 N00 °01'12 "E, 647.52 feet to the Point of Beginning, Excepting therefrorn: 1) that portion of the Cooley Mesa Road right of way defined in the Cooley Mesa Road Annexation as recorded in the Eagle County Clerk and Recorder's Office as Reception No. 614098 and, ii) that portion of those lands defined as Eagle County Airport Annexation to the Town of Gypsum as recorded at Reception No. 614097 in the Office of the Eagle County Clerk and Recorder, County of Eagle, State of Colorado. Containing 3.52 acres more or less. • ■ ■ ■�. r.■ ■■c�■a�ncna iy auppiemwnzai mum • PARCEL 3 A Parcel of land, located in Tract 60, Section 3 and 10, T5S, R85W, 6th P.M., County of Eagle, State of Colorado, according to the Independent Resurvey thereof as accepted by the General Land Office June 6,1923, also being northerly of and adjacent to the Cooley Mesa Road, said parcel being more specifically described as follows: Commencing at the monument marking the witness corner to angle point 3 of tract 57 from which angle point 2 Tract 54 bears N71 °44'56 "E, 4175.85 feet; thence 989 °04'54 "W, 30.01 feet to the true Point of Beginning being the southeast corner of the "Nunn Property" as defined in the Nunn Property, Land Survey Plat as deposited in Book 001 at Page 660 in the Eagle County, Colorado, Land Survey Plat depository; thence S89 °04'54 "W, 29523 feet along the northerly boundary of the Cooley Mesa Road right of way, thence N00 °27.'00 "8,.295.16 feet, thence N89 °04'54 "E, 295.23 feet, thence S00 °21'00 "W, 295.16 feet to the point to the point ofbeginning. Containing 2.00 acres more or less Wright Water Engineers, Inc. 818 Colorado Avenue, Suite 307, P.O. Box 219 www.wrightwater.com Glenwood Springs, Colorado 81602 email: blorah @wrightwater.com (970) 945 -7755 TEL (970) 945 -9210 FAX November 30, 2009 Via Email & First Class Mail • Bryan Treu, Esq. Eagle County 500 Broadway P.O. Box 850 Eagle, CO 81631 -0850 Re: Eagle County Regional Airport 1041 Master Plan Application Dear Mr. Treu: Eagle County is preparing a 1041 application for submittal to the Town of Gypsum (Town) regarding the annexation of portions of the Eagle County Regional Airport to the Town. Part of that submittal includes estimates of the airport's potable water requirements for current and future operations. This letter addresses those water requirements. Regarding the 1041 application, the Town has agreed that the application needs to address the ( current and future potable water demand for Eagle County Airport operations (Category 5) and the military operations (Category 4). The other categories of users will negotiate their water service agreements with the Town as separate entities. Therefore, their estimated future water requirements will not be part of the current 1041 application. For the purposes of this letter, we have used the Airport Layout Plan (ALP) prepared by the airport's consultant, Jviation dated January 2, 2008 as a basis for defining 36 different facility areas. A description of each of these areas is presented in Table 1. The Table identifies 23 of those facilities that do not require any potable water. It also identifies the entity responsible for providing water to the other 13 facilities. We have grouped these 13 facilities requiring potable water into 5 categories. The first category is the Ghent car rental washing facility (Facility No. 9). This facility has its own water supply agreement with the Town and is currently taking water under a 1.6 EQR agreement with the Town. The second category is the Vail Valley Jet Center (Facility No. 2). The Vail Valley Jet Center is a separate entity from Eagle County's operations at the airport and negotiates its own water service directly with the Town. There are four water meters measuring the water usage at the Vail Valley Jet Center. Currently, they have a separate water service agreement with the Town. The third category is the Eagle County Road and Bridge facility (Facility No. 35). This operation is separate from direct airport operations. Currently this facility has two water meters DENVER DURANGO EXHIBIT (303) 480 -1700 TEL (303) 480 -1020 FAX (970) 259 -7411 TEL (970) 259 -8758 FAX 5 Bryan Treu, Esq. November 30, 2009 0 Page 2 and is operating under a 24.69 EQR agreement with the Town. According to Clark Shively, this facility has modest plans for expansion. Category 4 is the High - Altitude Army Aviation Training Site (HAATS) run by the Colorado Army National Guard. Currently, this facility uses approximately 91,000 gallons per year. Near -term (18 months) plans are to double that use with the expansion of the HAATS training center including additional billets, increased hanger space and enlarged training facilities. In addition, HAATS plans to add two cooling towers for its space cooling needs. Currently, HAATS's water usage is assessed at 1 EQR. We understand that the Colorado National Guard has and will continue to contract directly with the Town on water supply and EQR assessments. The fifth category of facilities is those that Eagle County is directly responsible for and currently includes: the terminal building (Facilities No. 1 and 28), air traffic control tower (6), the ARFF /SRE building (17), fixed base operations (18), Jones' Hanger (25), and the T- hanger (36). In the future, it will include the expanded terminal with custom facilities and a commuter rail terminal (34). The April 14, 2004 Inter Government Agreement (IGA) between Eagle County and the Town of Gypsum agreed on the water requirements for the facilities in Category 5. The IGA set the County's "existing potable water service" of Town water at 21.56 EQR. This was updated by the Town's EQR reassessment summarized in Ramsey Kropf's May 21, 2009 memorandum ---) which calculated current use at 25.13 EQR. This equates to a peak water usage of 359,000 gallons per month. (An EQR is defined as the use of 15,000 gallons per month.) Two of these EQRs can be assigned to the Air Traffic Control (Facility No. 6) and the ARFF /SRE building (Facility No. 17). This leaves 23.13 EQR to be assigned to direct and indirect passenger use for the rest of Category 5 facilities. We have used the original IGA as a basis to equate a number of passengers, both enplaning and deplaning, with one EQR. In 2004, the airport served 393,098 passengers (see Table 2). Dividing 19.56 EQR into the number of passengers yield a value of 1 EQR serves the County's airport needs of approximately 20,000 passengers per year. This equates to a use of about 9 gallons per passenger at the terminal facilities. Future passenger estimates were most recently analyzed by Bernard Dunkelberg & Company for the 2001 Eagle County Airport Master Plan and were forecasted through the year 2021. They used an annual passenger growth rate of approximately 2.63 percent each year. The actual enplanement and deplanement numbers from 1999 -2008 (see Table 2) were used to determine a recent historic growth rate of approximately 2.5 percent. This value was comparable to the earlier forecast. To project future passenger water requirements, the 2008 passenger count (430,686) was used as a base for growth. It was assumed that every year the number of passengers would grow by 2.5 percent. Bryan Treu, Esq. November 30, 2009 g. Page 3 Table 2 presents the historic and estimated future passengers that the County's airport facilities will serve. It also shows the water requirements of EQR equivalent for each year shown. As an example, the table shows that in 2060, there will be a water need for 78 EQR for 1,560,000 passengers per year. Adding 2 EQR for air traffic control and ARFF /SRE buildings (Facilities No. 6 and 17). The total EQR requirement to meet the Eagle County facility needs in 2060 is 80 EQR. Since the County currently is assessed at 25.13 EQR credits with the Town, they will need to acquire an additional 25.13 EQRs to meet the expected water demand in 2060. Please do not hesitate to call if you have any questions. Very truly yours, WRIGHT WATER ENGINEERS, INC. By 1411,:aiovn cZ .4 William L. 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