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Home My WebLink AboutC23-073 MOU_Planning for State Board Community Housing Project Memorandum of Understanding – State Land Board Conceptual Planning Page 1 of 10 MEMORANDUM OF UNDERSTANDING PLANNING FOR STATE LAND BOARD COMMUNITY HOUSING PROJECT STATEMENT OF PURPOSE – This Memorandum of Understanding (“MOU”) formalizes the agreement reached by the State Land Board; County of Eagle; Towns of Vail, Minturn and Avon; Eagle -Vail Metropolitan District, Traer Creek Metropolitan District, The Village Metropolitan District and EMD Limited Liability Company to conduct a cooperative planning effort for the development of community housing and other uses on State Land Board property situated adjacent to the Town of Avon and the Eagle -Vail and Traer Creek Metropolitan Districts. WHEREAS, the State Land Board desires to plan and develop approximately 40-acres of State Land Board property, described as a part of Section 16 in township 5S, range 81W (“Property”) and desires to coordinate the participation by nearby municipalities and adjoining metropolitan districts and land owners; and, WHEREAS, Introduced Colorado Senate Bill 23-001 (yet to be adopted) authorizes funding for the purpose of relocating existing Colorado of Department of Transportation facilities from the State Land Board property; and, WHEREAS, the State Land Board is conducting site analysis and preparing preliminary plans and designs for the development of a mixed-use neighborhood that will provide significant community housing; and, WHEREAS, the Property is located within three miles of the municipal boundaries of the towns of Vail, Minturn and Avon, and is therefore within the statutory 3-mile planning jurisdiction of all three municipalities; and, WHEREAS, the Property abuts the boundaries of the Eagle -Vail Metropolitan District and The Village Metropolitan District; and, WHEREAS, the Property abuts certain property that EMD Limited Liability Company owns, which property is part of a PUD generally known as The Village (at Avon) within the Town of Avon boundaries and, together with other properties within The Village (at Avon), is provided certain coordinated public infrastructure financing and related services by Traer Creek Metropolitan District and The Village Metropolitan District; and, WHEREAS, the Property abuts certain property that EMD Limited Liability Company owns, which property is part of a PUD generally known as The Village (at Avon) within the Town of Avon boundaries and, together with other properties within The Village (at Avon), is provided certain coordinated public infrastructure financing and related services by Traer Creek Metropolitan District and The Village Metropolitan District; and, WHEREAS, the Property’s proximity to The Village (at Avon) presents opportunities for coordinated planning of road and utility extensions that could serve both the Property and other properties within The Village (at Avon); and, DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3 Memorandum of Understanding – State Land Board Conceptual Planning Page 2 of 10 WHEREAS, the local government parties desire to contribute expertise and local knowledge with regard to development of community housing and residential development planning, design and entitlement; NOW, THEREFORE, the parties to this MOU agree as follows: 1. NO LEGAL OBLIGATIONS. This MOU is only a statement of intentions to facilitate coordination among parties and shall not be construed to create, and shall not in fact create, any financial or other obligations or liabilities for any party to this MOU. This MOU shall not constitute a legal binding contract and shall not be used as basis for any legal claims by any party against another party. 2. CONCEPTUAL DESIGN AND PLANNING. The parties agree to schedule and attend regular meetings to review and discuss conceptual design and planning for the development of the State Land Board property. Each party shall appoint appropriate representatives, which may include elected officials and/or staff, but shall not include more than two elected officials from each municipality and shall not include more than one elected official from the County of Eagle. Meetings shall be scheduled as determined mutually convenient amongst the parties. Meetings may be in-person, by video-call, or by a hybrid in-person and video call format. Specific topics to address in the Conceptual Design and Planning include, but are not limited to, the following: (a) Site evaluation of the Property, including surveys, topography, environmental review, and geotechnical inspections; (b) Evaluation of utilities to serve the Property including potential alignment of roads and bridges to access Property on the north side of the Eagle River, construction of water storage tank(s) to provide adequate water pressure and water flow, and extension of sewer line and other utilities; (c) Evaluation of existing zoning and desired zoning for the development of community housing and other uses to ensure land use regulations align with desired outcomes; (d) Evaluation of choice of jurisdiction for development application, review and entitlements, including evaluation of applicable fees and taxes for each jurisdiction; (e) Evaluation of water service availability, including fee-in-lieu of purchasing water rights; (f) Preparing Conceptual Designs for community housing construction and other uses, including establishing guiding principles, design goals and objectives, and a desired timeline for completion prior to initiating the design process; (g) Pursuing construction methods and performance goals that promote climate action goals and strategies, including but not limited to all electric construction and net zero energy use and integration of recycling and composting collection; (h) Evaluation of potential deed restrictions and appropriate jurisdiction for administration of deed restrictions. DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3 Memorandum of Understanding – State Land Board Conceptual Planning Page 3 of 10 3.COSTS FOR CONCEPTUAL PLANNING AND DESIGN. The State Land Board will directly contract with and be responsible for payment of fees to appropriate third-party consultants to conduct Conceptual Planning and Design, which may include designers, architects, engineers and other consultants. 4.ADMINISTRATIVE SUPPORT. The Town of Avon agrees to provide administrative support for meetings of the parties, including preparing and sending meeting notices, assembling and sending meeting packets, recording meetings, and preparing minutes of the meetings. 5.TERM. The term of this MOU shall end on March 1, 2024 unless the parties to this MOU extend the term of this MOU by written agreement. 6.TERMINATION. Any party may terminate its participation in this MOU by delivering fourteen (14) days written notice to the elected board or council for the other participating entities. 7.TABOR. This MOU shall not create any multi-year fiscal obligation of any party to this MOU and any funding contribution or other financial commitment shall be subject to annual budget and appropriation of each party. [SIGNATURE PAGES FOLLOW] COLORADO STATE BOARD OF LAND COMMISSIONERS BY: ____________________________________________________ Date:___________________ Bill Ryan, Director DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3 Memorandum of Understanding – State Land Board Conceptual Planning Page 4 of 10 EAGLE COUNTY BY: ____________________________________________________ Date:___________________ Kathy Chandler-Henry, Eagle County Commissioners ATTEST:________________________________________________ DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3 3/14/2023 Clerk & Recorder Regina O'Brien Memorandum of Understanding – State Land Board Conceptual Planning Page 5 of 10 TOWN OF AVON BY: ____________________________________________________ Date:___________________ Eric Heil, Town Manager ATTEST:________________________________________________ Miguel Jauregui Casanueva, Town Clerk DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3 Memorandum of Understanding – State Land Board Conceptual Planning Page 6 of 10 TOWN OF MINTURN BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3 Memorandum of Understanding – State Land Board Conceptual Planning Page 7 of 10 TOWN OF VAIL BY: ____________________________________________________ Date:___________________ Kim Langmaid, Mayor ATTEST:________________________________________________ Stephanie Bibbens, Town Clerk DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3 Memorandum of Understanding – State Land Board Conceptual Planning Page 8 of 10 UPPER EAGLE VALLEY WATER AND SANITATION DISTRICT BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3 Memorandum of Understanding – State Land Board Conceptual Planning Page 9 of 10 EAGLE-VAIL METROPOLITAN DISTRICT BY: ____________________________________________________ Date:___________________ ATTEST:________________________________________________ DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3 Memorandum of Understanding – State Land Board Conceptual Planning Page 10 of 10 TRAER CREEK METROPOLITIAN DISTRICT BY: ____________________________________________________ Date:___________________ Dan Leary, President ATTEST:________________________________________________ THE VILLAGE METROPOLITIAN DISTRICT BY: ____________________________________________________ Date:___________________ Dan Leary, President ATTEST:________________________________________________ EMD LIMITED LIABILITY COMPANY, A COLORADO LIMITED LIABILITY COMPANY By: Lava Corporation, a Colorado corporation, its Manager By:_________________________ Date: ___________________ Michael Lindholm, President DocuSign Envelope ID: 260B200E-5C9C-435B-A545-3D1D24B9E0A3