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HomeMy WebLinkAboutC15-270 Town of Eagle Intergovernmental Agreementr IN I`ERGOVERNIVTENTA.L AGREEMENT BETWEEN 'TOWN Of' EAGLE AND EAGLE COI N';"' IZf?(:1TI)IN(a DESIGti, LEASE AND T;SF: O1' "T'TTE i'U "I: tRE Tlr1 {TI., %: RIVER PAIZti THIS AGREEMEIN'T' is entered into this :Z5 day ofj uYle-, 2015, pursuant to Section '29 -1 -203. C.'.R.S., by and between the TOWN OF EACILL, a political Subdivision of the State of Colorado, acting by and through its Board of 'Trustees (hereinafter the "Town"), and L:AGLF COUNTY, a body corporate and politic, by and through its Board of County Commissioners (hereinafter the "County "). Together, the Down and the County are referred to herein ,r the "Parties." 'tiVITE:REAS, the County desires to explore the enhancement of the 2.4 acre entrance to (lac' Fairgrt?unds prof }erty in order to serve a variety of users and functions. throut:;lt the. development of a professional lark design. Said park design to include the 2.4 acres, known locally as the truck parking, as well as adjacent CDO"T parcel and easement, and will take into consideration the important function that truck parking serves for the Fairgrounds and Eagle C'ountyF Fair and Rodeo; and Vk "H REAS, the "Town desires to explore the enhancement of the 4.6 acre, Charnhers Park. which currently combines a Town Information Center with an Eagle County Histcar,ical Society campus, as well as a developed river access point and public restroolras; and VNIJIV'REAS, the Parties recognize that a coordinated planning; effort of their respective properties will lead to enhanced efficiencies and a better overall product; and WHEREAS, the County explored building a whitewater park as early as 2005, an effort . which stopped partially due to lack of public property and public access along the section of the Lade River adjacent to the truck parking; and WHEREAS, in 2015 fire C'ottnty acquired the 4 acre CDOT property and adjoining easement, which straddles the F?agle River adjacent to the truck parking;, for the purpose of developing a whiteN titer park; and WHEREAS, the County consented in 2014 to allow the Town to include file truck parking and rather, limited County owned lands along the north side of Eagle River within the planning area for the Eagle River Corridor Subarea Plan; which encompasses the approximately 3.4 miles of the facie River located within the Town's Urban Growth Boundary; and WHEREAS, the Cagle River Corridor Subarea Plan was adopted as a component of the 2010 Eagle Area Community Plan which was adopted by both Town and County Planning Corarrnissio'n.s, and these playas contribute positively to the physical, social and economic well - bcirm; of i,esident -s, property owners a.nd 'visitors of the Town and County, and will help to assure thm future growth in the Eagle Area is well planned, thoughtfully designed and adequately served by roads, utilities and life safety services; and WHEREAS, the community, through the public planning process for the Eagle River Corridor Subarea Plan, has identified a goal of connecting the Town, and more specifically the Town's Central Business District, to the Eagle River, and a goal of developing significant in- stream and stream side amenities along the river that will act as an economic driver for the community and be a regional attraction; and WHEREAS, the area that the community has identified for said in- stream and stream side amenities includes the truck parking, CDOT parcel and easement, Chambers Park, the Swallow Oil property (owned by Town) and certain portions of private property which connect these public lands, and said area has been identified as the "Recreation Core" in the Eagle River Corridor Subarea Plan; and WHEREAS, the Eagle River Corridor Subarea Plan will assure the protection and management of natural resources, including, but not limited to, water quality, air quality, visual quality, vegetation, open spaces and wildlife habitat on lands within the approximately 3.4 mile reach of river within the planning area; and WHEREAS, the parties seek collaboration toward their separate strategic priorities which align to this mutually beneficial effort; and WHEREAS, Sections 29 -1 -201 and 29 -20 -105, C.R.S., as amended, inter alia, authorize government entities to cooperate and share costs associated with the implementation of mutually agreed upon master planning projects; and WHEREAS, the Town agrees to hire a professional design consultant to assist in the development of a detailed design for the Recreation Core, which will include in- stream "whitewater" features; and WHEREAS, the Eagle River Subarea Plan has identified a preferred alignment for the extension of the County's Eagle Valley Trail; and WHEREAS, the Town and the County believe that it is appropriate to set forth in writing an agreement regarding the future planning efforts of the respective properties prior to the Parties embarking upon the cost of professional park design services. Such planning efforts will include, but are not necessarily limited to, the potential for water parks, paths, restrooms, utility hookups, landscaping and parking areas. NOW THEREFORE, on behalf of the citizens of Eagle County and the Town of Eagle, the Town and the County state the following mutual understanding in the creation of an Eagle River Park plan. In consideration of the obligations and terms expressed herein, the parties agree as follows: 1. The Town, in coordination with County staff, will issue an RFP and contract with a professional park design consultant for services and will pay the consultant for services rendered. The County agrees to reimburse 50% of the costs incurred by the Town for the planning services provided by the professional park design consultant, 2 in an amount not to exceed $25,000. The Town will provide the County with copies of invoices as received from the consultant and the County shall reimburse the Town the invoiced amounts, in an amount not to exceed $25,000, within 60 days of receipt. 2. The County and Town will allow their respective properties to be included in the joint planning effort with the goal of achieving a mutually agreeable plan that allows the County to lease its property to the Town as an in -kind contribution for the construction of park improvements. 3. The plan may address or result in further agreements identifying such potential items as the potential clean -up of the properties, ditch and river structural improvements to coordinate with park design, potential annexation of portions of the properties, and the provision of municipal water and wastewater to the properties. 4. Upon request by the Town, the County may provide staff time, GIS mapping, public relations and outreach, and administrative assistance to the project as in -kind contributions. 5. It is intended that the professional park design effort will include outreach to interested parties for further feedback on design which at this time is at a conceptual level (see attachment A) and that ultimately the park design may be adopted by both the Town and also by the County by Resolution. It is likely that elements of project will be phased in over time as funding allows. 6. The parties agree in the future to jointly explore grant funding to assist in development of the park. 7. The County and the Town will maintain open communications throughout the process. The County will receive monthly updates from the Town regarding planning activities and progress. 8. This Agreement shall become effective upon signature of an authorized representative of the governing body of each party, and shall remain in force and effect for one year from the effective date, unless terminated prior thereto by either of the parties as set forth herein. Either party may terminate this Agreement for any reason, with or without cause, by providing thirty (30) day written notice to the other. 9. Any provision of this Agreement may be amended at any time provided that prior written approval of the amendment has been obtained from both the Town Board of Trustees and the Board of County Commissioners. 10. Nothing in this Agreement shall prevent either party from entering into specific study agreements with any private party or governmental entity. Nothing in this Agreement is intended to abrogate, limit, amend or affect the rights, remedies or equitable positions of the parties in and to any agreements or actions to which the Town or the County are parties. 3 11. It is hereby declared to be the intention of the Parties that the sections, paragraphs, sentences, clauses and phrases of this Agreement are severable and, if any phrase, clause, paragraph, sentence, or section shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or enforceability shall not affect any remaining phrases, clauses, sentences, paragraphs and sections of this Agreement. 12. Communications under this agreement shall be addressed as follows: Eagle County - Eagle County Planning, Attention: Bob Narracci, Managing Director of Land Use, P.O. Box 179, Eagle, CO 81631; bob.narracci @eaglecounty.us. Town of Eagle — Town of Eagle Planning, Attention: Tom Boni, Town Planner, P.O. Box 609, Eagle, CO 81631; tomboni @townofeagle.org. 13. The Parties hereto agree that 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 31st 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. 5 29 -1_ -101 et seq.) and the TABOR Amendment (Colorado Constitution, Article X, Sec. 20). //remainder of page intentionally left blank// 4 At to Hy: 1,4 The ']'own and the County acknowledge and agree that this Intergovernmental A,reement Is for the benefit of the health, safety and welfare of the people of Ea-le County! and is a proper exercise of their respective powers and authorities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the (lay an(] year first above written, TOWN OF EAGLE By: COUNTY OF EAGLE, STATE OF COI-ORADO, By and'.11rough Its BOARD OF COUNTY COMMISSIONERS Kathy ridlei-lienry, ChairT t i t: BV: Teak J. Simonton, Clerk to the Board