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HomeMy WebLinkAboutC22-094 Town of Avon Funding MOUMEMORANDUM OF UNDERSTANDING Between the Town of Avon and Eagle County Regarding the Stonebridge Drive Roundabout This Memorandum of Understanding (“MOU”) is executed on __________________, by and between the TOWN OF AVON, a body corporate and politic, by and through its Council Members (hereinafter the “Town”) and EAGLE COUNTY, a body corporate and politic, by and through its Board of County Commissioners (hereinafter "County")(the Town and County will be jointly referred to as “Parties”). RECITALS WHEREAS, the County is a statutory county and political subdivision of the State of Colorado operating pursuant to Title 30, C.R.S; and WHEREAS, the Town is a statutory town and political subdivision of the State of Colorado operating pursuant to Title 31, C.R.S; and WHEREAS, the Town has determined the need for intersection improvements within its jurisdictional boundaries, specifically the design and construction of a roundabout at the Stonebridge Drive Intersection ("Project"); and WHEREAS, the Town applied for and was awarded a Revitalizing Main Streets Grant (“Grant”) administered by the Colorado Department of Transportation (“CDOT”) for the purpose of improving safety and yielding long-term benefits to community main streets. WHEREAS, the Grant was awarded in the amount of $2.5 Million and requires a 20 percent local match; and WHEREAS, because the Project is directly adjacent to County jurisdiction and will benefit residents of Eagle County and users of EcoTransit, the County has committed to participate with the Town by contributing $200,000 to the local match for the Project; and WHEREAS, the Parties desire to outline their understanding of their respective commitments and responsibilities for the Project; and WHEREAS, the Parties’ arrangement will serve a public purpose and will promote the health, safety, security and general welfare of the inhabitants and visitors of the Parties and the State of Colorado. NOW, THEREFORE, in consideration of the foregoing premises, the Town and County memorialize their understanding as follows: DocuSign Envelope ID: 3A708DE6-7353-4AF3-958F-048E94ADD843 3/1/2022 A. Town of Avon Responsibilities The Town will oversee the design, and construction of the Project. The Town will secure the remaining local match of $300,000. The Town will agree to follow the Colorado Department of Transportation’s policies, standards and procedures, and will comply with all terms of the Grant in the planning, design, bidding and construction of the Project. The Town will use funds contributed by the County to offset total Project costs, in compliance with the requirements of the Grant. B. Eagle County Responsibilities The County will provide the financial contribution towards the total cost of the Project, as set forth in Paragraph C of this MOU. In addition, the County will agree to participate in planning and design meetings as an active participant in Project Leadership Team meetings as the Project evolves. The Parties acknowledge and agree that the Project provides a benefit to citizens of the Town and County, but that neither Party is responsible to the other for any costs, fees or other responsibilities associated with the Project, other than as expressly set forth in this MOU. C. Funding The County will agree to a financial contribution to the Project in the amount of two hundred thousand dollars ($200,000). This funding contribution will be made in one Lump Sum at the beginning of the Project, within thirty (30) days of notice from the Town of the Project start date. The Town shall provide Eagle County with a refund of its prorated share of any unused Project funds, along with an accounting of the same, within sixty (60) days of final completion of the Project. D. Term of MOU The term of this MOU shall be from the date of full execution by County for a period of one year or until the County has met its financial contribution towards the Project. E. Notices Any notice regarding this MOU shall be in writing and shall be deemed properly served, given or made, if delivered in person or sent by certified mail postage prepaid to the Parties at the addresses listed by the signatures below or as otherwise modified pursuant to this Section. County: Eagle County Engineer Attention: Ben Gerdes P.O. Box 850 Eagle CO, 81631 Facsimile: (970) 328-8789 Phone: (970) 328-3565 DocuSign Envelope ID: 3A708DE6-7353-4AF3-958F-048E94ADD843 Town: Town of Avon Mobility Director Attention: Eva Wilson PO Box 975 Avon, CO 81620. Facsimile: (970) 949-9139 Phone: (970)748-4120 F. Amendments This MOU may be amended only by written document signed by the Parties. G. Severability In the event that any of the commitments or conditions of this MOU or their application shall be held invalid as to any person, entity or circumstance by any court having competent jurisdiction, the remainder of this MOU and the application in effect of its terms, covenants or conditions to such persons, entities or circumstances shall not be effected thereby. H. Entire Agreement This MOU embodies the complete agreement between the Parties regarding the subject matter herein and supersedes all prior agreements and understandings, if any. I. Section Headings The section headings in this MOU are inserted for convenience and are not intended to indicate completely or accurately the contents of the Sections they introduce, and shall have no bearing on the construction of the Sections they introduce. J. No Third-Party Beneficiaries The Parties to this MOU do not intend to benefit any person not a party to this MOU. Nothing in this MOU is intended to create or grant to any third party or person any right or claim for damages, or the right to bring or maintain any action at law. K. Duly Authorized Signatories By execution of this MOU, the undersigned each individually represent that he or she is duly authorized to execute and deliver this MOU. // Remainder of Page Intentionally Left Blank // DocuSign Envelope ID: 3A708DE6-7353-4AF3-958F-048E94ADD843 IN WITNESS WHEREOF, the Town of Avon and Eagle County have executed this Memorandum of Understanding this _______day of _______________________, 2022. ATTEST: THE TOWN OF AVON, by and through its COUNCIL MEMBERS: BY: _____________________ BY: _________________________ TITLE:___________________ TITLE: ______________________ COUNTY OF EAGLE, STATE OF COLORADO, by and through its BOARD OF ATTEST: COUNTY COMMISSIONERS: BY: _________________________ BY: _________________________ Clerk to the Board of County Jeanne McQueeney, Chairman Commissioners DocuSign Envelope ID: 3A708DE6-7353-4AF3-958F-048E94ADD843 MayorAvon Town Clerk 1st March