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HomeMy WebLinkAboutC13-391 Town of Avon Intergovernmental AgreementINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE AND THB TOWN OF AVON This Intergovernmental Agreement ("Agreement") is made this C\| day of .\*1" , 2073, by and between the County of Eagle, State of Colorado, a body corpoqdtb and politic ("County") and the Town of Avon, a Colorado home rule municipal corporation ("Town"), (individually referred to as "ParQr" and collectively as "Parties"). WITNESSETH WHEREAS, the White River National Forest - Eagle/Holy Cross Ranger District initiated a multi-party land exchange involving Eagle County, the Colorado State Board of Land Commissioners, the Upper Eagle Regional Water Authority, and the United States Forest Service ("Land Exchange"); WHEREAS, the Town has acquired two parcels of land from the United States government as a result of the Land Exchange, dated I,J\a\qrlq> by and among the State of Colorado State Board of Land Commissioners, the Upper Ealle River Water Authority, Eagle County, and the United States of America Forest Service, which parcels are described as: the West Avon Parcel containing approximately 478.09 acres and located within the Town of Avon; and, the Village Parcel, containing approximately 85.99 acres and located within in Eagle County; WHEREAS, the Village Parcel is bounded on three sides by the Village (at Avon) PUD project areaand the Village Parcel is situated such that road and trail access across the Village Parcel may be the best alignment for connection to the lower and eastern most portions of the Village (at Avon) PUD project area; WHEREAS, the Town adopted Resolution No. I I-12 A RESOLUTION REPEALING RESOLUTION I I-09 AND APPROVING A NEW RESOLUTION BY THE AVON TOWN COUNCIL SUPPORTING A MULTI-PARTY LAND EXCHANGE LOCATED IN THE WHITE RIVER FOREST IN EAGLE COUNTY AND RECOMMENDING EXCEPTIONS TO THE CONSERVATION EASEMENTS ON THE WEST AVON PARCEL AND THE VILLAGE PARCEL which stated the policy to reserve from any conservation easement recreational trails, approximately 6 acres of land for affordable housing and community facilities on the Village Parcel, and a potential future easement or easements for a road and trail connecting Planning Area RMF-I to Planning Area M (as defined in the 1998 Village (at Avon) PUD map) on the Village Parcel; WHEREAS, the Town is not able to determine the specific alignment and location of such uses to be reserved from a conservation easement at this time but Town desires to make a commitment to the County that a conservation easement will be granted for the Village Parcel in the future and further desires to cooperate effectively with the County to promote the efficient Eagle County - Town of Avon 2013 IGA Village Parcel Conservation Easement Page I of4 Jan. 22,2013 FINAL C13-391 1. achievement of important community goals for Eagle County residents, including but not limited to residents of the Town of Avon: and. WHEREAS, this Intergovernmental Agreement is authorized pursuant to $29-1-201 and $30-11-101, Colorado Revised Statutes, as amended; Article XIV, Section 18, of the Colorado Constitution; and Section 16.2 of the Avon Home Rule Charter. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants, conditions and promises contained herein, the Parties agree as follows: Future Conservation Easement. The Town agrees that Town will grant to Eagle Valley Land Trust, or other appropriate organization mutually acceptable to Town and County, a conservation easement ("Future Conservation Easement") on the portion of the Village Parcel remaining after the determination of the location and alignment of roadways and trails and after determining the boundaries of a reserved area for affordable housing and community facilities. The Future Conservation Easement shall restrict and protect the remaining portion of the Village Parcel as open space in its natural state, shall allow passive recreation activities, and shall generally include such other terms as are included in the conservation easement on the West Avon Parcel or shall include such terms as Town and County mutually agree. The Town agrees that the area for affordable housing and community facilities shall be no greater than 6.5 acres without approval by the County and that the location shall be generally on the northwest comer of the Village Parcel as depicted in Resolution No. 1l-12 of the Town of Avon. attached hereto as Exhibit "A" and incorporated herein. Cooperation on Affordable Housing. Town agrees to actively explore cooperative or partnership efforts with County to promote cost effective, energy efficient, environmentally and architecturally appropriate, affordable housing projects on the portion of the Village Parcel reserved for such purpose. Future Maintenance Agreement. Simultaneously with the conveyance of the Future Conservation Easement, Town and County agree to enter into a maintenance agreement to set forth the Town's obligations with respect to the use and maintenance of the Village Parcel (the "Future Maintenance Agreement"). The Future Maintenance Agreement will provide for inspections of trail conditions, fencing, if any, status and condition of signage and other improvements, and a review of maintenance levels. The Town and County shall cooperatively and mutually determine what additional maintenance, if any, may be necessary or desired, for the Village Parcel. The Town and County may update or revise the Future Maintenance Agreement as may be mutually determined. Costs. Town shall be responsible for and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Village Parcel, and any improvements or trails thereon. A1l maintenance obligations of the Town under this Eagle County - Town of Avon 2013 IGA Village Parcel Conservation Easement Page 2 of 4 Jan. 22,2013 FINAL ) 3. 4. 3. 6. Agreement are subject to funds being budgeted and appropriated. Eagle County shall not be responsible for any such costs or liabilities associated with the Village Parcel. Term. This Agreement is effective from this day forward, until the earlier of (a) the date which the Town grants a conservation easement on the Village Parcel in accordance with the terms in this Agreement or (b) December 31,2037. Notices. All notices, requests, consents, approvals, written instructions, reports or other communication by the Town and the County, under this Agreement, shall be in writing and shall be deemed to have given or served, if delivered or if mailed by certified mail, postage prepaid or hand delivered to the Parties as follows: Town of Avon: Town of Avon One Lake Street PO Box 975 Avon, CO 81620 Attn: Town Manager County of Eagle: Eagle County Attorney P.O. Box 850 Eagle, CO 81631 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. 7. Third Party Beneficiary. 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. 8. Amendments. 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. 9. Entire Agreement. 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 bv the Countv or the Town other than those contained herein. 10. Assignment. 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. Eagle County - Town of Avon 2013 IGA Village Parcel Conservation Easement Page 3 of 4 Jan.22,2013 FINAL 11. Severability. 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. 12. Authority. The Town has represented to the County and, likewise, the County has represented to the Town, 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. 13. Governing Law. 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. IN WITNESS WHBRBOF, the Parties hereto have executed this Agreement the day and year first above written. COTiNTY OF EAGLE. STATE OF COLORADO. by and gh its ATTEST:BOA By: Clerk to the Board of County Commissioners ATTEST:TOWN OF AVON v. Chairman Rich Carroll, Mayor Eagle County - Town of Avon 2013 IGA Village Parcel Conservation Easement Page 4 of 4 Jan.22,2013 FINAL sv,'R"