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HomeMy WebLinkAboutC99-058 IGA_Town of Gypsum,. .W C. `l 11 - 5 ? - r� /, INTERGOVERNMENTAL AGREEMENT REGARDING JULES DRIVE EXTENSION AND THE EAGLE COUNTY JOINT VEHICLE MAINTENANCE CENTER This Agreement is entered into this at- day of bj Vq 199q, by and between Eagle County, Colorado, a body politic, existing under and by virtue of the laws of the State of Colorado ("County"), and the Town of Gypsum, Colorado, a home -rule municipality organized under Article XX of the Colorado Constitution ("Town"). WITNESSETH WHEREAS, the County owns and operates the Eagle County Regional Airport and associated lands and improvements ("Airport"); and WHEREAS, portions of the Airport are located within the corporate boundaries of the Town; and WHEREAS, the Town is responsible for the construction and maintenance of the Town's street system pursuant to Section 43-2- 124, C.R.S.; and WHEREAS, the Town desires to construct an extension of the Town's street system, to be known as the Jules Drive Extension, to mitigate impacts created by increased development in and around the Town, in the Gypsum Creek, Spring Creek, and Alkali Creek Basins including increased development and use of the Airport; and WHEREAS, the Town desires to obtain a portion of the Airport property located west of the existing runway for construction of the Jules Drive Extension ("Airport Right -of -Way Property"); and WHEREAS, the Airport Right -of -Way Property was originally acquired by the County with funding assistance from the Federal Aviation Administration ("FAA"); and WHEREAS, the County desires in the future to extend the runway stop way on the west end of the existing runway, and also extend westward the runway protection zone; and WHEREAS, the County desires to locate on Airport property, west of the proposed Jules Drive Extension, the Eagle County Road and Bridge Department, and the Eagle County Regional GYPfGW LUIGF ti u Transportation Authority maintenance facility ("Maintenance Facility"), which will be adjacent to the existing Town maintenance facility; and WHEREAS, the Town has adopted, pursuant to Title 24, Article 65.1, C.R.S., an ordinance designating site selection and expansion of airports as a matter of state interest, and has adopted provisions regulating such activities, including such activities as they relate to the Airport; and WHEREAS, prior to construction, purchase or authorization of Jules Drive across unincorporated portions of the County, the Town is required by Section 30-28-110, C.R.S., to submit to the County the proposed location and extent of the project; and WHEREAS, prior to construction of the Maintenance Facility, the County is required by Section 31-23-209, C.R.S., to submit to the Town the proposed location, character, and extent of the project; and WHEREAS, resolution of Jules Drive and Maintenance Facility issues by agreement will benefit the citizens and visitors of the County and Town by allowing construction of the Jules Drive Extension in a manner that does not impair the County's proposed extension of the runway stop way and the runway protection zone, by correcting the Spring Creek drainage diversion, and by allowing construction and operation of the Maintenance Facility consistent with use and development of adjacent lands and the Town's infrastructure capabilities; and WHEREAS, pursuant to Section 18(2)(a) and (b) of Article XIV, and Section 2 of Article II, of the Colorado Constitution, and Section 29-1-203, C.R.S., the Town and the County are authorized to cooperate and contract with each other for any function, service, or facility lawfully authorized to each; and WHEREAS, pursuant to Section 29-20-105(1), C.R.S., the Town and the County are authorized and encouraged to cooperate and contract with each other for the purpose of planning or regulating the development of land; NOW, THEREFORE, in consideration of the mutual covenants and obligations provided herein, the sufficiency of which is hereby acknowledged, the Town and the County agree as follows: 2 IVOWV 1N%Mp� A. Maintenance Facility. 1. Not an Activity of State Interest. The Town and the County agree that construction and operation of the Maintenance Facility is not a regulated activity of state interest under Chapters 20.06 through 20.09, Title 20 of the Gypsum Municipal Code, nor will Town attempt to regulate such facility under any ordinance adopted pursuant to the authorization of Title 24 Article 65.1 Colorado Revised Statutes. 2. Location, Character and Extent Applications. a. Prior to construction, the County shall submit an application to the Town for the review of the proposed location, character, and extent of the Maintenance Facility project pursuant to Section 31-23-209, C.R.S. Such application shall meet the submittal requirements of a subdivision exemption pursuant to Title 17 of the Gypsum Municipal Code, and as provided for in paragraph 3, hereof. Upon submittal of a complete application, the Town shall consider and rule on such application pursuant to Title 17 of the Gypsum Municipal Code. b. Prior to acquiring title, the Town shall submit an application to the County for review of the proposed location and extent of that portion of the Jules Drive Extension located within unincorporated areas of the County, pursuant to §30-28-110, C.R.S. Upon submittal of a complete application, the County shall consider and rule on such application. 3. Subdivision and Zoning Approval. a. Unless otherwise agreed to by the Town, prior to the use of the Airport Property for the Maintenance Facility, the County shall submit for the Town's consideration an application for light industrial zoning. 3 M !Wasp/ b. Unless otherwise agreed to by the Town, prior to any conveyance or development of any part of the Airport Property located within the Town, the County shall submit an application for subdivision exemption for Parcels A and B and the proposed Jules Drive Extension, including drainage easements, as generally depicted on the conceptual development plan attached hereto as Exhibit A and incorporated herein. c. The County's subdivision exemption application shall be based on the Town's subdivision exemption approval regulations contained in Title 17 of the Gypsum Municipal Code. Such application may be combined with the location, character and extent application referenced in paragraph A., 2, and the zoning application referenced in paragraph A., 3. The Town shall waive subdivision exemption application submittal requirements not relevant to the area or application under consideration. d. As part of the Town's consideration and approval of the County's subdivision exemption application, the Town and the County shall agree to payment by the County of transportation impact fees to offset the reasonable and appropriate impacts placed on the Town's transportation system from the development associated with the subdivision exemption. Such fees will be payable at the time of issuance of a building permit or permits for the structures contemplated by the subdivision exemption approval. If additional land use or development, not contemplated in the original calculation of transportation impact fees is requested or realized, additional transportation impact fees shall be agreed to and assessed prior to the County engaging in such additional land use or development. e. Should drainage improvements to Tenderfoot Gulch associated with the Maintenance 4 Facility not be able to be shown in detail in the subdivision exemption application required by paragraph A. 3. b., so as to allow adequate review by the Town, the County shall submit an additional location and extent application and application to amend the subdivision exemption plat prior to construction of such Tenderfoot Gulch drainage improvements. 4. Building Permits. Following approval of the subdivision exemption plat, and at least forty- five (45) days prior to submittal of applications for building permits, the County shall submit for the Town's approval, which shall not be unreasonably denied, detailed construction plans for all public improvements associated with the Maintenance Facility and exemption plat. Such detailed construction plans shall be deemed approved if no response is given by the Town to the County with such forty-five (45) day period. 4. Maintenance Facility Development Limitations. Construction of the Maintenance Facility shall be located on no more than 20 acres of Airport property and involve no more than 2 accesses to Cooley Mesa Road, or the Jules Drive Extension, as depicted generally on Exhibit A attached hereto and incorporated herein. So long as it is operated for governmental purposes, use of the Maintenance Facility shall be limited to a maintenance facility for County Public Works, transportation and fleet maintenance services. If used for non -governmental uses under a base lease granted to secure financing, use of the Maintenance Facility shall be limited to uses allowed under the Town's light industrial zoning as provided for in the 1998 Master Plan and Zoning Code of the Town. 5. Water and Sewer Service. The Town shall provide water and sewer service to the Maintenance Facility upon the County, at its sole cost and expense, meeting all of the Town's requirements for water and sewer service, including construction of main lines, paying water and sewer 5 \%O� v tap fees and service charges, and paying water dedication fees. B. Jules Drive Extension and Spring Creek Drainage Improvements. 1. Conveyance of Airport Right -of -Way Property. The County shall convey to the Town the Airport Right - of -Way Property for the construction of the Jules Drive Extension, as approximately depicted and described on Exhibit B hereto, and incorporated herein. Design of the Jules Drive Extension shall provide for an eighty feet (801) wide right-of- way, inclusive of road surface, with associated shoulders, side slopes, and drainage ditches. Jules Drive shall be located outside of the proposed extension of the runway protection zone, to extend 2,400 feet beyond the end of the existing runway with a width of 1,010 feet at the most westerly extension, centered on the extended centerline of existing runway 7/25, and object free area, also as depicted on Exhibit B. 2. Spring Creek Drainage Improvements. The County shall, at its sole cost, provide for carriage into the Spring Creek drainage located north of the Airport, of water flows generated by a 100-year storm event in the Spring Creek drainage, which flows would otherwise be diverted into the Tenderfoot Gulch drainage. Drainage improvements may involve construction of drainage improvements as part of the Jules Drive Extension, construction of additional culverts under Airport runways, or other improvements. If requested and paid for by the County, the Town's design and construction of the Jules Drive Extension, and acquisition of the Airport Right -of -Way Property from the County and other private lands, shall provide for construction of the necessary drainage improvements. Such construction and design may include facilities constructed north of the Airport, and not associated with the Jules Drive Extension, necessary to convey such flows into Spring Creek in a manner mutually agreed upon by the County and the Town. The preliminary location and design of the improvements necessary to convey \ftwo� \qasv/ such flows ("Spring Creek Drainage Improvements") has not yet been agreed upon. Such design shall be agreed to within thirty (30) days of execution of this agreement, and in any event prior to the final approval of the subdivision exemption application for the Maintenance Facility. The County shall design and construct any additional drainage improvements ("Additional Spring Creek Drainage Improvements") necessary to convey such flows to the Spring Creek Drainage Improvements. 3. Jules Drive Extension Construction. The Town shall initially pay at its sole expense for the design and construction of the Jules Drive Extension across the Airport, as well as to compensate the County, in cash or real property, at fair market value for the Airport Right -of -Way Property. It will be the County's obligation upon receipt of the compensation for the Airport Right - of -Way Property to reimburse as necessary the FAA for the property; such compensation may be in cash or real property. 4. Final Design. Final design of the Jules Drive Extension, and the Spring Creek Drainage Improvements and the Additional Spring Creek Drainage Improvements which are to be located within the Jules Drive Extension right-of-way, and location of the Airport Right -of -Way Property shall be agreed upon by the Town Engineer and an engineer designated by the County within thirty (30) days of execution of this Agreement. C. Implementation Agreement. The Town and the County shall further define the terms of conveyance of the Airport Right -of -Way Property to the Town; the acquisition, timing, amount, value, and subsequent ownership of the Airport Right -of -Way Property; the design and construction for the Jules Drive Extension, Spring Creek Drainage Improvements, and Additional Spring Creek Drainage Improvements, to be agreed to in a separate agreement or as an addendum to this Agreement. Such separate agreement shall distribute the various costs and values of the matters covered by this Agreement between the Town and County; and specify the cash payment, if any, to be made by one Party to the 7 `W other Party to balance such values. The Town and the County shall cooperate with each other to request FAA financial assistance with all eligible components of the project. No approvals of zoning, subdivision exemption, or location, character and extent shall be given for the Maintenance Facility or the Jules Drive Extension prior to such agreement. If the Town and County do not so agree to such terms within thirty (30) days of the execution of this Agreement, this Agreement shall terminate, be of no further force and effect, and the Town and County will be released of all obligation herein. D. General. 1. Additional Actions. The Town and the County shall execute such additional documents and agreements and to take any additional action necessary to carry out the intent of this Agreement. 2. Captions. The caption of the paragraphs set forth herein are only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 3. Assignment. This Agreement may not be assigned or delegated without written consent of the non - assigning party. 4. Amendment. This Agreement represents the entire agreement between the parties regarding the subject matter contained herein. This Agreement may be amended only by an instrument in writing signed by both the County and the Town. 5. Waiver of Breach. this Agreement provision of thi s 6. Specific Performance. In addition to the remedies otherwise available, this Agreement may be enforced by a decree of specific performance for breach. M 7. Annual Appropriation. The financial obligation of the parties provided for in this agreement are subject to funds being appropriated, budgeted, and otherwise made available, and nothing in this agreement shall be deemed to create a multiple year fiscal obligation. ATTEST GLG J6v,ny EXJringerP Town Clerk p4 EACG F ^1 �O ATTEST: / y i1Oa�no a5 4 rk to the Boa d of County Commissioners TOWN OF GYPSUM By I"' Steve Carver, Mayor Gypsum Town Hall P.O. Box 130 Gypsum, Colorado 81637 COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONEER/Si B y : 9 F. Jphnette Phillips ' Chairman 1� I %• .. { ♦ i �.r DISTRIBUTION ;'ION ©ri inais tot 2. LZI- ` 4 - U -?- 0 3. a ' G. '-,I P s� 4. P Copies to: 2. 3. 4. LOT 5 LOT 4 JULES DRIVE ALIGNMENT 5 1- - 400- 1 IEBRUARY 33. IM PETE PERRY PROPERTY QUAIL RUN DARRYL WHITE BARTON L07 2 DARRYL LOT 3 PROPERTY WHITE PROPERTY U.S. HIG4MAY 6 LEHMAN aW I PROPERTY a �- '�— ._ _ _ ._ _ _ — — GRAPHIC SCALE IN FEET " -w RT TOWN OF GYPSUM