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HomeMy WebLinkAboutC24-384 IGA Eagle Valley Transportation Authority_summit stage parking lease1 ASSIGNMENT AND ASSUMPTION OF PARKING SPACE LICENSE INTERGOVERNMENTAL AGREEMENT THIS ASSIGNMENT, ASSUMPTION AND CONSENT AGREEMENT (“Assignment Agreement”) is made by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (“Eagle County”) and the Eagle Valley Transportation Authority, a body corporate and politic (“EVTA”), which may be referred to herein individually as a “Party” or collectively as the “Parties.” The effective date of this Assignment Agreement is the date title to the Bus Barn, as defined below, transfers to EVTA (the “Effective Date”). RECITALS WHEREAS, the Eagle County Regional Transit Authority (“ECO Transit”) is a department of Eagle County that has historically provided public transportation services funded by voter-authorized Eagle County 0.5% Transportation Sales Tax; and WHEREAS, in November 2022, the EVTA was established pursuant to Title 43, Article 4, Part 6 of the Colorado Revised Statutes by approval of voters in Eagle County, the towns of Avon, Eagle, Minturn, Red Cliff and Vail, and Beaver Creek Metro District, and in accordance with the Eagle Valley Transportation Authority Intergovernmental Agreement dated September 1, 2022 (the “EVTA IGA”) for the purpose of financing, constructing, operating, improving and maintaining a regional transportation system in the Eagle River Valley of Eagle County, Colorado; and WHEREAS, pursuant to the EVTA IGA, Eagle County and EVTA agree that the EVTA will assume responsibility for existing transit services as historically provided by ECO Transit in accordance with a framework established by the EVTA IGA Transition Plan (the “Transition Plan”); and WHEREAS, the Transition Plan includes the transfer of equipment, assets, existing contractual agreements, and operations from Eagle County to EVTA, and aims to ensure continuity of service for Eagle County residents and visitors; and WHEREAS, on or about August 4, 2024, Eagle County and EVTA intend to transfer title to that certain Leadville Storage Facility owned by Eagle County and located at 205 Hwy 24, Leadville, CO, (the “Bus Barn”); and WHEREAS, pursuant to a Parking Space License Intergovernmental Agreement between Eagle County and Summit County, a Colorado body corporate and politic (“Summit County”) dated April 18, 2018, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference (the “Summit Agreement”), Eagle County and Summit County made certain agreements regarding use of the Bus Barn, (the Summit Agreement incorrectly identifies the address as “205 Hwy 6”); and Docusign Envelope ID: 099DCE9E-21AD-4652-8FC7-A7CD3D879257 2 WHEREAS, Eagle County wishes to assign, and EVTA wishes to assume, Eagle County’s rights and obligations under the Summit Agreement, which is contemplated by Section III(h) of the Summit Agreement, informal notice of which has been provided to Summit County; and WHEREAS, this Assignment Agreement furthers cooperation between governmental entities pursuant to Title 29, Article 1, Part 2 of the Colorado Revised Statutes, as amended and Article XIV, Section 18 of the Colorado Constitution. NOW, THEREFORE, in consideration of the promises, covenants and conditions contained herein, the Parties agree as follows: 1. Assignment and Assumption. Effective as of the Effective Date, Eagle County hereby transfers and assigns to EVTA all of its rights and obligations under the Summit Agreement, and EVTA accepts such assignment and agrees that it shall hereinafter perform its obligations and duties under and subject to the terms of the Summit Agreement. The Parties agree that upon the Effective Date of this Assignment Agreement, Eagle County shall have no further obligation or liability under the terms of the Summit Agreement. 2. Entire Agreement. This Assignment Agreement represents the full and complete understanding of the Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of the Parties with respect to the subject matter contained herein. 3. Counterparts, Electronic Signatures and Electronic Records. This Assignment Agreement may be executed in multiple counterparts, each of which shall be an original, but all of which, together, shall constitute one and the same instrument. The Parties consent to the use of electronic signatures and agree that the transaction may be conducted electronically pursuant to the Uniform Electronic Transactions Act, § 24-71.3-101, et seq., C.R.S. // signature page to follow // Docusign Envelope ID: 099DCE9E-21AD-4652-8FC7-A7CD3D879257 3 IN WITNESS WHEREOF, the Parties hereto have executed this Assignment Agreement on the date and year written below. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS By: ________________________ Matt Scherr, Chair Attest: By: _____________________________ Regina O’Brien, Clerk to the Board Date: EAGLE VALLEY TRANSPORTATION AUTHORITY By: Tanya Allen, Executive Director Date: Docusign Envelope ID: 099DCE9E-21AD-4652-8FC7-A7CD3D879257 7/30/2024 8/2/2024 C18-098 EXHIBIT A Docusign Envelope ID: 099DCE9E-21AD-4652-8FC7-A7CD3D879257 Docusign Envelope ID: 099DCE9E-21AD-4652-8FC7-A7CD3D879257 Docusign Envelope ID: 099DCE9E-21AD-4652-8FC7-A7CD3D879257 Docusign Envelope ID: 099DCE9E-21AD-4652-8FC7-A7CD3D879257 Docusign Envelope ID: 099DCE9E-21AD-4652-8FC7-A7CD3D879257 Scott Vargo County Manager 04/17/2018 Docusign Envelope ID: 099DCE9E-21AD-4652-8FC7-A7CD3D879257