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HomeMy WebLinkAboutC13-392 Town of Avon Intergovernmental AgreementINTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE. THE TOWN OF AVON. AND BERRY CREEK METROPOLITAN DISTRICT REGARDING MAINTENANCE OF WEST AVON PROPERTY AND RELATED TRAILS This Intergovernmental Agreement dated this + day of q*{ , 2013 ("Agreement") is entered into by and between the Counry of Eagle, Colorudffi-ody *rporate and politic, by and through its Board of County Commissioners ("County"), The Town of Avon, a home rule municipality, by and through its Town Council ("Town"), and Berry Creek Metropolitan District, a quasi-municipal corporation by and through its Board of Directors ("District") (individually referred to as "ParQr" and collectively as "Parties"). RECITALS WHEREAS, as part of a multi-party land exchange between the State of Colorado, acting through its State Board of Land Commissioners, the Upper Eagle Regional Water Authority, acting through its Board of Directors, the County of Eagle, acting through its Board of Commissioners, and the United States of America ("Land Exchange"), the Town has accepted title to approximately 478.09 acres of land in the Town of Avon, Eagle County, Colorado more particularly described as Township 4 South, Range 82 West, Township 5 South, Range 82 West, County of Eagle, State of Colorado ("West Avon Property"); WHEREAS, the West Avon Properfy is or will be permanently conserved as open space through a Deed of Conservation Easement (defined in Paragraph 1 below) between the Town and Eagle Valley Land Trust ("EVLT"); WHEREAS, as part of the community effort associated with the Land Exchange and the conveyance of the West Avon Properfy to the Town, the Parties have agreed to enter into this Agreement to set forth the Parties' respective obligations with respect to the use and maintenance of the West Avon Property; 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 the Avon Home Rule Charter. Eagle County, Town of Avon, Berry Creek Metro District IGA Maintenance West Avon Parcel Page 1 of6 Jan.22,2013 FINAL C13-392 AGREEMENT NOW, THEREFORE, for good and valuable consideration, including the promises set forth herein, the Parties agree as follows: l. Maintenance. The Parties agree that maintenance for the West Avon Property shall be performed consistent with the terms of the Deed of Conservation Easement datedl@ft, 2013 ("Conservation Easement"), and the Management Plan for the West Avon Propdrty dated January 22, 2013 ("Management Plan"): a. Town shall perform or cause to be performed: i. Weed control and spraying, as needed; ii. Trail maintenance, as needed; iii. Trash pickup from a trash container installed by Town, to be located at Beaver Creek Point trailhead: iv. Stock dog bags, as needed; v. Inspection and monitoring of parking area and trailhead; vi. Snow removal in parking area, as needed; and vii. Inspections of the West Avon Property which may include an inspection of trail conditions, fencing, if any, status and condition of signage and other improvements, and a review of maintenance levels. Town will provide District and County with advance notice of the date of the inspections so that District and County project managers may also attend. b. Following the inspections of the West Avon Property, the Parties shall cooperatively and mutually determine what additional maintenance, if any, may be necessary or desired, for the Property. 2. 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 West Avon Property and any improvements or trails thereon. A1l maintenance obligations of the Town under this Agreement are subject to funds being budgeted and appropriated. Eagle County shall not be responsible for any such costs or liabilities associated with the West Avon Property. 3. Signage for the West Avon Property. The Parties shall mutually agree on the location of and verbiage for signage on the West Avon Property consistent with the terms of the Conservation Easement and Management Plan for the West Avon Property. Eagle County, Town of Avon, Berry Creek Metro District IGA Maintenance West Avon Parcel Page 2 of 6 Jan.22,2013 FINAL 4. Trailhead on West Avon Property. In the event that Town identifies any nuisance or improper use of the parking area andlor trailhead during its inspections, the Town's project manager (see paragraph 7 below) shall notiSz District's and County's project manager (see paragraph 7 below) in an effort to develop a cooperative solution which may include, by way of example only, installation of additional signage, additional monitoring or enforcement of rules. 5. Term. The initial term of this Agreement shall be for a one-year term commencing upon execution by the Parties. This Agreement shall automatically renew for additional one (1) year terms commencing January 1 of each consecutive year unless earlier terminated as set forth herein. 6. TABOR. Town, County and District are governmental entities and all obligations beyond the current fiscal year are subject to funds being budgeted and appropriated. Notwithstanding anything to the contrary contained in this Agreement, no payment shall be made for any maintenance services provided after December 31 of any year without prior approval of a budget adopted in accordance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes and Local Government Budget Law (C.R.S. $29-1-101 et. seq.). 7. Project Managers. The Parties acknowledge that on-going coordination and communication will be required. As a result, each Party shall have designateda project manager to coordinate performance and communication under this Agreement. The Town's project manager shall be the Town Manager, or his or her designee, the County's project manager shall be the Eagle County Open Space Director, and the District's project manager shall be its Executive Director. Any and all correspondence between the Parties regarding this Agreement shall be between and among the project managers. Any Party may designate a different project manager by notice in writing to the other Parties. 8. Disputes. In the event of a dispute or failure to perform as set forth herein, then the project managers identified in paragraph 7 shall first work together to find a solution or resolve the dispute. If the dispute or failure to perform remains on-going for more than thirty (30) days, then any Party may give a formal notice of default to the defaulting Party. The defaulting Party will take steps to correct the default or breach within thirty (30) days or such longer time as it may reasonably take to correct the breach or default after notice of default is received. In the event the default is not timely corrected as set forth herein, then the non-defaulting Party or Parties may pursue any legal remedies available to it and terminate this Agreement. 9. Termination. Any Party may terminate this Agreement without cause upon one hundred twenty (120) days advance notice to the other Parties. 10. Notice. Any notice and all wriften communications required under this Agreement shall be given in writing by personal delivery, fax or U.S. mail to the appropriate Party at the following addresses: Town: Town of Avon One Lake Street Eagle County, Town of Avon, Berry Creek Metro District IGA Maintenance West Avon Parcel Page 3 of 6 Jan.22,2013 FINAL P.O. Box 975 Avon, CO 81620 Attn: Town Manager Telephone: (970) 748-4000 Facsimile: (97 0) 949-9139 With a copy to: Town of Avon One Lake Sheet P.O. Box 975 Avon, CO 81620 Attn: Town Attorney Telephone: (970) 7 48-4000 Facsimile: (97 0\ 949-9139 District:Berry Creek Metropolitan District c/o Robertson & Marchetti. P.C. 28 Second Street, Suite 213 Edwards, CO 81631 Telephone: (970) 926-6060 Facsimile: (97 0\ 926-6040 With a copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, CO 80228-1556 Telephone: (303) 986-155 1 Facsimile: (303) 986-1755 County: Director of Open Space Eagle County Post Office Box 850 500 Broadway Eagle, CO 81631 Telephone: (970) 328-8698 Facsimile: (970) 328-7 185 With a copy to: Eagle County Attorney's Office Post Office Box 850 500 Broadway Eagle, CO 81631 Telephone: (970) 328-8685 Facsimile: (970) 328-8699 Notices shall be deemed given on the date of delivery if delivered in person or by a service like Federal Express or United Parcel Service, or three (3) days after the date of deposit, first Eagle County, Town of Avon, Berry Creek Metro District IGA Maintenance West Avon Parcel Page 4 of6 Jan.22,2013 FINAL class postage prepaid, in an official depository of the U.S. Postal Service. When sent via facsimile so long as the sending Party can provide a facsimile machine or other confirmation showing the date, time and receiving facsimile number for the transmission. 11. Assignment. The rights and obligations of the Parties to this Agreement may be assigned with consent of the Parties. which shall not be unreasonablv withheld. Anv assisnment made without consent of the Parties is void. 12. Insurance. At all insurance consistent with times during the term of the Agreement all Parties shall maintain the limits established bv the Colorado Governmental lmmunitv Act. 13. Entire Understanding. This Agreement embodies the entire understanding and agreement of the Parties, and there are no further or other agreements or understandings, wriffen or oral, in effect between them relating to the subject matter hereof. 14. Amendments. This Agreement may not be amended except by a written document executed by the Parties hereto. 15. Independent Contractor. It is expressly acknowledged and understood by the Parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship between the Parties. 16. 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 in any action to enforce or interpret this Agreement shall be in the Eagle County District Court. 17. No Third Party Rights. 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 a breach thereof. lSignature Page FollowsJ Eagle County, Town of Avon, Berry Creek Metro District IGA Maintenance West Avon Parcel Page 5 of6 Jan.22,2013 FINAL ATTES By: IN WITNESS WHEREOF, the Parties have hereunto set their hands. bv their dulv authorized representatives. TOWN OF AVON By and through its Town Cou By: ATTEST: Clerk to the Board of County Commissioners RRY CREEK METROPOLITAN DISTRICT Eagle County, Town of Avon, Berry Creek Metro District IGA Maintenance West Avon Parcel Page 6 of6 Jrn.22,2013 FINAL BE By Its: Rich Carroll. Mavor EAGLE COLINTY, COLO IN 1VITNESS W}IE*EOF. rsprescntatiYes. {he Farties havr bEreunts set their hands, by their duly authorized ATTf;ST: TOWN OF AYO}'i By and tlxough i:s Town Council By:By; Ps{ty fulcKenny" Torvn Clerk Rich Camoll, h{ayor ATTE$T:EA$LE COUNTY, COLO&ADO Fy *nd through its Boald of County Comrnissioners Ily: - _ Jcn Stavney, ChainnanClerk to the Board of Counfy Commissioners B$RRY METROPOLITAN DISTRICT By: Its: Hagle Cnunty, Torvn of Avon, Berry Crwk Mrtro District IGA Maintenance West Avon Parcel Page 6 of 6 Jnn.2?, 2013 FINAL By'