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Home My WebLink AboutC97-339 Town of Red Cliff IGAC'97 33 9 6 0 INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF RED CLIFF, STATE OF COLORADO ROAD MAINTENANCE SERVICES This Intergovernmental Agreement made and entered into this Siay of Zj4guW&A,- 1997, effective on the date of signing, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners, hereinafter referred to as the "County"; and the Town of Red Cliff, State of Colorado, a municipal corporation, by and through its Town Council, hereinafter referred to as the "Town". 1. Authority This Agreement is entered into under the authority of local governments of the State of Colorado to contract with one another, and for the county to provide road maintenance services to the Town in exchange for the forfeiture by the Town of County Road and Bridge funds: Section 29-1-201 gI =., C.R.S., as amended; Section 43-2-202, 203, C.R.S.; and Article XIV, Section 19, Colorado Constitution. 2. Territory Covered The territory covered by this Agreement includes all roads owned by the town of Red Cliff located within the corporate limits of the Town of Red Cliff ("Public Roads"). 3. Scope of Services- Duties of County 3.1 Eagle County agrees to provide minor road maintenance for the Town of Red Cliff. This includes limited patchwork on, general snow and ice removal, and limited sanding of these Public Roads. 3.2 Public Roads shall include, as applicable, the entire public road right-of-way, including the graveled or asphalt driving surface, shoulders, and drainage ways. Maintenance and repair of structures, including bridges, within the Town limits is specifically excluded. GARABWMUDCLIFFADS 3.3 Eagle County may determine when to provide services under this Agreement. 4. Duties of Town 4.1 The Town shall require all utilities -- including telephone, water, sewer, natural gas, electric, television or any other utility within a right-of-way -- to obtain a road cut permit from Eagle County prior to digging within the right-of-way. The Town shall adopt an ordinance acceptable to the County requiring such a permit. 4.2 The Town shall cooperate, by adoption of an ordinance if necessary, in the regulation of on -street parking during snow removal. 4.3 The Town shall provide a properly maintained and operational front end loader to enable the County to perform its duties under this Agreement. 4.4 The Town shall remedy any incident whereby County equipment is damaged or vandalized, or a County employee is threatened, assaulted or harassed while performing duties under this Agreement. Failure to resolve such incident is grounds for termination of this contract. 5. Compensation 5.1 For the performance of road maintenance by Eagle County, the Town of Red Cliff agrees to forfeit to the County its portion of County Road and Bridge funds and its portion of the Highway User Tax Fund received from the State of Colorado. Pursuant to Sections 43-2-202, 203, C.R.S., by mutual agreement between a municipality and the board of county commissioners, such municipality may elect to receive, in part or full, the equivalent to such amount in the value of material furnished or work performed on roads and streets located within its corporate boundaries by the county, either during the calendar year in which such revenue is actually collected, or by mutual agreement during any succeeding calendar year. 5.2 Financial obligations of the Town and County, respectively, payable after the current fiscal year, are contingent upon funds for the purposes set forth in this Agreement being appropriated, budgeted and otherwise made available. 5.3 Highway User Tax Fund Revenues shall be assigned directly to the County unless the State of Colorado is unwilling to allow this. If that is the case, the funds shall be immediately delivered by the Town to the County. 6. Termination Unless sooner terminated as provided for herein, this Agreement shall be effective on signing and shall terminate December 31, 1998. Notwithstanding the foregoing, either party, with or without cause, may terminate this Agreement upon the giving of thirty (30) days' prior GARABWIP\UDCLIFF.RDS 2 written notice of such termination to the other party. Notice shall be deemed to have been given upon the mailing of the notice by United States certified, first-class mail, postage prepaid, and addressed to the parties at their respective addresses which are: Eagle County c/o Eagle County Attorney's Office P.O. Box 850 Eagle, Colorado 81631 Town of Red Cliff 400 Pine Street P.O. Box 40 Red Cliff, Colorado 81469 Either party may change the address for notice upon similar notice to the other party. 7. Miscellaneous Provisions 7.1 This Agreement is expressly conditioned on the Town's obtaining and maintaining the consent of the owner of the Water Street lot(s) containing the designated Snow Storage Locations in the form attached hereto is a condition to this Agreement, and shall not become effective until such consent is signed. 7.2 Designated Snow Storage Locations are shown on Exhibit A which is attached hereto and incorporated herein by this reference. 7.3 This Agreement does not and shall not be deemed to confer upon nor grant to any third party any cause of action, right to sue, or other rights against the County because of any breach hereof or because of any terms, covenants, agreements or conditions contained herein. 7.4 Except as specifically provided otherwise herein, 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 both parties. 7.5 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 by either the County or the Town other than those contained herein. 7.6 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. GARABWIAREDCLIFERDS a 7.7 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. 7.8 In the event that a court of competent jurisdiction determines that either of the parties hereto does 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. 7.9 Operation of Eagle County equipment will be limited to Eagle County employees. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date first above written. v c ATTEST: Clerk to the Board of County Commissioners COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS r Bih=airman te Phillips ATTEST: TOWN OF RED CLIFF By SNOW STORAGE LOCATIONS 1. Spruce Street - school ground property 2. Spruce Street - around the gym Spruce Street - dead-end of Spruce Street 4. Monument Street - Town lots between Victor Cisneros and John Tafoya 5. Eagle Street - alley beside old Town Hall 6. Eagle Street - across bridge at the end of the street 7. Water Street - lot across the creek from 237 Water (Domecio Fresquez-Owner) 8. Eagle Street - playground at the corner of Eagle and Monument Streets EXHOIT A GARABWIMEDCLIFF.RDS CONSENT AND UNDERSTANDING I, Domecio Fresquez, hereby give permission to Eagle County to store snow on my property located on Water Street pursuant to the Intergovernmental Agreement between the Town of Red Cliff and Eagle County to maintain Red Clifs public roads during calendar 1997. I further agree to indemnify, defend and hold harmless the County, its respective agents, officers, servants, and employees of and from any and all loss, costs, damage, injury, or liability, arising out of or related to the County's storage of snow on my property. I acknowledge that any rights or claims for any loss, costs, damage, injury or liability arising out of or related to such storage shall be made to and against the Town of Red Cliff. Dated this day of 1 1997. Domecio Fresquez GARABWWREDCLIFF.RDS 6 CONSENT AND UNDERSTANDING I, Evaristo Rivera, hereby give permission to Eagle County to store snow on my property located on Water Street pursuant to the Intergovernmental Agreement between the Town of Red Cliff and Eagle County to maintain Red Cliffs public roads during calendar 1997. I further agree to indemnify, defend and hold harmless the County, its respective agents, officers, servants and employees of and from any and all loss, costs, damage injury or liability arising out of or related to the County's storage of snow on my property. I acknowledge that any rights or claims for any loss, costs, damage, injury or liability arising out of or related to such storage shall be made to and against the Town of Red Cliff. Dated this / 6 04 day of 692� 1 , 1997. C Evaristo Rivera