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HomeMy WebLinkAboutC13-087 Town of Minturn IGA } INTERGOVERNMENTAL AGREEMENT BETWEEN EAGLE COUNTY, COLORADO, AND THE TOWN OF MINTURN, COLORADO FOR THE ACQUISITION AND CONSERVATION OF THE MINTURN BONEYARD PROPERTY THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement ") for the acquisition and conservation of the real property known as the Minturn 1poneyard Property, located in Eagle County, Colorado is made this 20 of M 44- o/ 2013, by and between the Board of County Commissioners of Eagle County ( "Eagle County ") and the Town of Minturn ( "Minturn"), (collectively the "Parties "), which are governmental entities located within the State of Colorado. The term of this Agreement shall be continuing to provide for the acquisition of the Minturn Boneyard Property and management of that Property. RECITALS 1. Eagle County and Minturn have established funding for the purpose of acquiring the real property located at 1351 Highway 24, Minturn, Eagle County Colorado, known as the "Minturn Boneyard Property" (the "Minturn Boneyard Property" or the "Property ") and legally described on Exhibit A and depicted on the map attached hereto as Exhibit B; and 2. The Property is located near the Eagle River, provides a relatively natural habitat, scenic views of the Eagle River and is highly visible from US Highway 24; and 3. The Parties desire to purchase the Property in order to permanently preserve the Property's open space and to provide public recreational access; and 4. The Property is currently owned by the United States Forest Service ( "USFS ") and is proximate to the Town of Minturn; and 5. The acquisition of the Property will benefit both the citizens of the Town of Minturn as well as Eagle County; and 6. The USFS conducted an online auction to dispose of the Property through the U.S. General Services Administration ( "GSA ") website; and 7. Eagle County committed an amount not to exceed $2,068,000 as Eagle County's financial contribution towards the purchase price of the Property; and 8. Minturn committed the sum of $232,000 as Minturn's financial contribution towards the purchase price of the Property; and 1 613-00 - 9. Eagle County authorized its Open Space Director to register Eagle County as a bidder in the GSA online auction for the Property, to submit an opening bid for the purchase of the Property and to aggressively pursue purchase of the Property through the GSA online auction; and 10. Eagle County submitted a final bid of $2,300,000.00 for the Property, and the bid was accepted by the United States Government. The closing date was on March 14, 2013 (the "Closing "). • 11. Upon the successful closing of the purchase of the Property, the Parties have agreed that Minturn should hold fee interest to the Property and thereby assume financial responsibility for its management, subject to a conservation easement to be conveyed by Minturn to a qualified land trust or to Eagle County within one year of acquiring the Property, to ensure that the conservation values of the Property are carried out in perpetuity in accordance with the mutual intentions of the Parties. The Parties recognize that the conservation values of the Property include, but are not limited to, protection of resources, conservation of open space and provision of passive recreational uses such as picnicking, wildlife viewing, snowshoeing and other similar activities. 12. Eagle County and Minturn wish to provide for the purchase and management of the Property through an intergovernmental agreement. 13. This Intergovernmental Agreement is authorized pursuant to §29 -1 -201 and §30- 11 -101, Colorado Revised Statutes, as amended; and Article XIV, Section 18, of the Colorado Constitution. AGREEMENT NOW THEREFORE, in consideration of mutual promises and covenants contained in this agreement, the Parties agree as follows: Payment by the Parties 1. Eagle County and Minturn shall contribute funds towards the purchase of the Minturn Boneyard Property through the GSA online auction process as follows: a. Eagle County: an amount not to exceed $2,068,000 as Eagle County's financial contribution towards the purchase price of the Property; and b. Town of Minturn: the sum of $232,000 as Minturn's financial contribution towards the purchase price of the Property. Minturn shall additionally pay all closing costs and fees associated with the purchase of the Property, including but not limited to title insurance. 2 2. Following the Closing of the purchase of the Property, Minturn shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, maintenance and improvement of the Property, including, but not limited to, construction and maintenance of all Recreational Improvements (as defined below) and for the construction and maintenance of all Special Use Permit Improvements (as defined below), if any. Minturn shall additionally bear all costs and liabilities associated with the conveyance of a conservation easement on the Property, as set forth in Section 9 below. Eagle County shall not be responsible for any costs or liabilities associated with the Property. 3. In the event Minturn's interest in the Property is condemned, the Parties agree to cooperate with each other to resist the condemnation and then to reduce any damage which may result. All proceeds received in any condemnation action shall be applied to land conservation, outdoor recreation or open space projects in the Minturn area. The use of any such proceeds must be approved by Eagle County Open Space Advisory Committee. Property Interests Acquired 4. Minturn shall hold title in fee to the Property. Management of the Property Interest 5. The Property shall be managed and maintained by Minturn with agreement and consent to its management activities by Eagle County. If such agreement cannot be reached, then the matter shall be submitted to mediation for resolution. 6. Minturn agrees to diligently pursue funding in the form of grants or other programs to pay for the costs associated with: (a) maintaining the Property; (b) construction and maintenance of recreational improvements on the Property, including, but not limited to parking improvements, trails, dog waste stations, picnic tables, park benches, signage, and other related items (the `Recreational Improvements "); and (c) construction and maintenance of Special Use Permit Improvements, if any. The parties agree that Minturn is permitted to provide either temporary or permanent restroom facilities on the Property, but it not required to do so. 7. Minturn agrees to diligently apply for and pursue the issuance of special use �' g Y ppY p p permits from the USFS for activities which Minturn intends to conduct on adjacent USFS property. Such activities include, but are not limited to, construction of a dock or concrete pad for use by the handicapped for fishing and /or other forms of access to the Eagle River via the adjacent USFS property ( "Special Use Permit Improvements "). 8. Minturn shall diligently pursue and shall complete construction of the Special Use Permit Improvements, if any, and certain Recreational Improvements, including parking improvements, regulatory and interpretive signage and picnics tables, in a timely manner and within three (3) years from the date of the Closing of the Property. 3 • 9. Within one year from the date of Closing, Minturn agrees to grant to Eagle Valley Land Trust, or other appropriate organization mutually acceptable to Minturn and Eagle County, or to Eagle County, a conservation easement ( "Future Conservation Easement ") on the Property, the terms of which are subject to the prior approval of Eagle County. The Future Conservation Easement shall restrict and protect the Property as open space in its natural state, shall allow passive recreational activities, such as picnicking, wildlife viewing, snowshoeing and other similar activities, shall allow for the Recreational Improvements and shall include such other terms as Minturn and Eagle County shall mutually agree. The Parties agree that Eagle County staff will accompany Minturn and the conservation easement holder on annual conservation easement monitoring visits on the Property. 10. Simultaneously with the conveyance of the Future Conservation Easement, Minturn and Eagle County agree to enter into a maintenance agreement to set forth Minturn's obligations with respect to the use and maintenance of the Property (the "Maintenance Agreement "). The Maintenance Agreement will address the preservation of the natural features of the Property, the protection of wildlife, the development of the Recreational Improvements on the Property, the status and condition of signage and other improvements, and a review of maintenance levels. In conjunction with the annual conservation easement monitoring visit, Minturn and Eagle County shall cooperatively and mutually determine what additional maintenance, if any, may be necessary or desired, for the Property. Minturn and Eagle County may update or revise the Maintenance Agreement as may be mutually determined. 11. Minturn agrees to budget at least $3,000 annually to be used for grant matching funds and /or for the funding of Minturn's obligations under this Agreement. Miscellaneous Provisions 12. All notices, requests, consents, approvals, written instructions, reports or other communication by Minturn and Eagle County shall be in writing and shall be deemed to have given or served, if delivered personally or if mailed by certified mail, postage prepaid to the parties. Notice shall be deemed given on the date of personal delivery or five (5) days from the date of mailing by U.S. mail. Notice to the Town of Minturn: Jim White Town Administrator P.O. Box 309 Minturn, CO 81645 manager @minturn.org With a copy to: Allen Christensen, Esq. Town Attorney 97 Main St Unit W Edwards, CO 81632 accpc@hotmail.com 4 County of Eagle: County Attorney P.O. Box 850 Eagle, CO 81631 Bryan.treu@eaglecounty.us Either party may change the address to which notices, requests, consents, approvals, written instructions, reports or other communications are to be given by a notice of change of address given in the manner set forth in this section. 13. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right to claim damages or to bring any lawsuit, action or other proceedings against either the Town or the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 14. No modification or waiver of this Agreement or of any covenant, condition, or provision herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. 15. This written Agreement embodies the whole agreement between the Parties hereto and there are no inducements, promises, terms, conditions, or obligations made or entered into either by the County or the Town other than those contained herein. 16. This Agreement shall be binding upon the respective parties hereto, their successors or assigns and may not be assigned by anyone without the prior written consent of the other respective party hereto. Such approval shall not be unreasonably withheld, but any unapproved assignment is void. 17. All agreements and covenants herein 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 agreement or covenant were not contained herein. 18. Minturn has represented to Eagle County and, likewise, Eagle County has represented to Minturn, that each possesses the legal ability to enter into this Agreement. In the event that a court of competent jurisdiction determines that either of the Parties hereto did not possess the legal ability to enter into this Agreement, this Agreement shall be considered null and void as of the date of such Court determination. 19. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The Parties agree that venue for any dispute regarding this Agreement shall be proper in Eagle County, Colorado. 20. No party hereto waives any immunity at law including immunity granted under the Colorado Governmental Immunities Act. 5 , 21. The Parties hereto represent that all funds necessary for compliance with the terms of this Agreement have been or will be budgeted, appropriated, and otherwise made available. 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 bodies of the parties hereto. Notwithstanding anything to the contrary contained in this Agreement, no payment will be made for any period after December 31 of any calendar year without the written approval in accordance with a budget adopted by the respective Boards of the parties in compliance with the provisions of Article 25, Title 30 of the Colorado Revised Statutes, the Local Government Budget Law (C.R.S. § 29 -1 -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). 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