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Home My WebLink AboutC84-019 IGA_Town of Basalt`r \,Qw� INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF BASALT, STATE OF COLORADO ARBANEY PARK NOV 0 8 196 ,SAGLt U�jJNTY THIS INTERGOVERNMENTAL AGREEMENT, made and entered into this .�� day of October, 1984, by and between the County of Eagle, State of Colorado, a body corporate and politic, by and through its Board of County Commissioners (hereinafter the "County"), and the Town of Basalt, State of Colorado, a municipal corporation, by and through its Board of Trustees (hereinafter the "Town") . RECITALS The parties recite and.declare as follows: 1. The County has recently received from the State of Colorado its proportionate share of monies derived from the State Lottery in accordance with Senate Bill 119 enacted by the General Assembly in 1982. 2. Pursuant to Section 29-21-101, C.R.S., the County duly deposited such monies from the State Lottery in the County's conservation trust fund for the acquisition, development, and maintenance of new conservation sites or for capital improvements or maintenance for recreational purposes on any public site. 3. The Town has requested the sum of $3,500.00 from those State Lottery funds recently appropriated to the County and deposited in the County's conservation trust fund for the development, construction and improvement of Arbaney Park, a 5.5 acre community park located within the Town's territorial limits. t 4. The Town has represented to the County it is an eligible entity as defined in Section 29-21-101(1)(b), C.R.S. 5. Section 29-21-101(5), C.R.S., provides that each eligible entity may cooperate or contract with any other government or political subdivision, pursuant to Section 29-1-2010 et seq., C.R.S., and, further, that such cooperation may include the sharing of monies held by any such entities in their respective conservation trust funds for joint expenditures for the acquisition, development, and maintenance of new conservation sites. 6. The County has determined the development, construction and improvement of Arbaney Park will benefit not only the residents of the Town but also the residents of the unincorporated areas of the County adjacent to the Town. NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto, the County and the Town agree as follows: 1. Appropriation. The County agrees to appropriate to the Town, within fifteen (15) days from execution of this Agreement, the sum of three thousand five hundred and no/100 dollars ($3,500.00) from the County's conservation trust fund, subject to the conditions and for the purposes set forth hereinbelow. 2. Use of proceeds. 2.1 Upon receipt of such County appropriated funds described in Paragraph 1 next above, the Town shall immediately deposit the same in the Town's conservation trust fund. 2.2 The Town agrees that all funds received from the County under this Agreement shall be expended solely for the development, construction and improvement of Arbaney Park. 2.3 The Town shall return, upon reasonable written demand by the County, any and all funds appropriated by the County hereunder which remain unexpended by the Town as of December 31, 1985, in the development, construction and improvement of Arbaney Park. -2- 3. Records. 3.1 The Town shall maintain complete and accurate records of the amount, date, nature and purpose of all Town expenditures involving those funds appropriated by the County to the Town hereunder. The County shall have the right to inspect the Town's records regarding the expenditure of such County appropriated funds upon reasonable written request and during normal business hours. 3.2 The Town shall fully cooperate with the County in the preparation and submittal of any reports or forms as may be required by the State or by statute relative to the local expenditure of conservation trust funds. 4. Miscellaneous. 4.1 The Town agrees that all expenditures of those funds received by the County under this Agreement shall be in full compliance with state law, including Section 29-21-101, C.R.S. 4.2 No modification or waiver of the provisions of this Agreement shall be valid unless in writing and duly executed by the parties hereto. 4.3 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 any of the parties hereto other than those contained herein. 4.4 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. 4.5 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. -3- IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ,At COUNTY OF EAGLE, STATE OF COLORADO a►;.• ^' ••.� .. By and Through its TTyrk c BOARD OF COUNTY COMMISSIONERS '•r By: (A) ,CYdr of t oard bf W. Keith Troxel, Chairman Bounty Commissioners P.O. Box 850 Eagle, Colorado 81631 Telephone: (303) 328-7311 TOWN OF BASALT, STATE OF COLORADO By and Through its ATTEST: BOARD OF TRUSTEES By: (�Y.ttr fC�G�, By MTown-oot Cn Host, Mayor P.O. Boxv Basalt, Colorado 81621 (303) 927-4701 .. -4-