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HomeMy WebLinkAboutC99-092 IGA Town of Gypsumcl Iq - 92 -03 05 ADDENDUM TO THE INTERGOVERNMENTAL AGREEMENT DATED FEBRUARY 9, 1999 REGARDING JULES DRIVE EXTENSION AND THE EAGLE COUNTY JOINT VEHICLE MAINTENANCE CENTER This Addendum is entered into this � day of April, 1999, by and between Eagle County, Colorado, a body politic (" County'), and the Town of Gypsum, Colorado, a home rule municipality organized under Article XX of the Colorado Constitution (Town'). WITNESSETH WHEREAS, the County and Town entered into, on or about February 9, 1999, an Intergovernmental Agreement ("IGA') regarding the extension of Jules Drive and the Eagle County Joint Vehicle Maintenance Center; and WHEREAS, the IGA provided for certain actions to take place within thirty days of the execution of the IGA and further provided that if those actions did not occur the IGA would be of no further force and effect, and the parties would be released from all obligations contained in the IGA; and WHEREAS, the IGA called for the Town and the County to enter an Implementation Agreement containing numerous provisions specified in Section C of the IGA. NOW, THEREFORE, in consideration of mutual covenants and obligations provided in the original IGA as modified by this addendum, the sufficiency of which is hereby acknowledged, the Town and the County agree as follows: 1. NON TERMINATION. Upon the execution of this Addendum, the original IGA, as modified by the Addendum, shall be in full force and effect, (i regardless of the date of the execution of the addendum by the Town and the County); it shall be considered that all acts that were required to take place within thirty days of the execution of the IGA occurred in a timely manner. 2. SPRING CREEK DRAINAGE IMPROVEMENTS. The design of the Spring Creek Drainage improvements provided for in paragraph B.2 of the IGA has been provided by the County and agreed to by the Town as required by the IGA and the approved design is contained in Exhibit A attached hereto. 3. JULES DRIVE EXTENSION. Final design of Jules Drive Extension has been agreed to by Town and County as provided for in paragraph BA of the IGA, and is contained in Exhibit B attached hereto: 4. IMPLEMENTATION. It is the intention of the parties that this addendum serve as the Implementation Agreement required by the original IGA. a. CONVEYANCE OF THE AIRPORT RIGHT-OF-WAY PROPERTY TO THE TOWN. The County, upon 14 days notice in writing, shall deliver a deed in the form set forth in the attached Exhibit C of right for an extension of Jules Drive. At the time of delivery of the deed, the Town shall deliver to the County, $ 125,463.00 in cash or certified funds as payment for the right of way. The Town must request a deed within five years of the date of this addendum. This requirement is subject to the provisions of paragraph 7 of the IGA. b. SPRING CREEK DRAINAGE IMPROVEMENTS. The improvement to the drainage system contemplated by paragraph B.2 of the IGA and required of the County shall be built within five years and three months of the signing of this addendum subject to the requirements of paragraph D.7. of the IGA. The Town shall require those annexing into the Town to maintain the historic flow capacity of the Spring Creek Drainage to allow for the flows to be conveyed by the County's Spring Creek Drainage improvements. c. ADDITIONAL PAYMENTS TO GYPSUM. Further payments required for Joint Vehicle Maintenance Facility shall be paid to the Town after approval of the Subdivision Exemption Application and prior to any certificate of occupancy or temporary certificate of occupancy for the Joint Vehicle Maintenance Facility by the Town. The following fees will be calculated and levied pursuant to the adopted requirements and formulas in the Town's adopted and current codes and regulations: water tap fees, sewer tap fees, road impact fees, fee in lieu of water rights dedication, building permit fees (including plumbing, mechanical, and electrical), the Airport Gateway water surcharge, Subdivision review fees by Town consultants. TOWN OF GYPSUM Bye" Steve Carver, Mayor Gypsum Town Hall P. O. Box 130 Gypsum, Colorado 81637 ATTEST: Jenny Ellr, ger, Town derk `./ .. COUNTY OF EAGLE, STATE OF 1OQ sw<:�FCO COLORADO, By and Through Its ATTEST: w ¢l y BOARD OF COUNTY C01 AMSSIONER.S * �%ai ^t ON Apo By: Clerk to the BoaYd of F. Jo ette Phillips County Commissioners Ch ' an