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HomeMy WebLinkAboutC24-392 IGA Town of Avon_first amendment avon station bus shelter1 FIRST AMENDMENT TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE TOWN OF AVON REGARDING THE AVON STATION BUS SHELTER THIS FIRST AMENDMENT, made and entered into this _______ day of _________________, 2024 (“First Amendment”), by and between the Board of County Commissioners of the County of Eagle, State of Colorado, a body corporate and politic (hereinafter referred to as the “County”) and the Town of Avon, a Colorado home rule municipal corporation (hereinafter referred to as the “Town”). The County and Town shall collectively be referred to as the “Parties”. RECITALS: WHEREAS, the Parties entered into an Intergovernmental Agreement, dated February 14, 2017 (the “Agreement”), with respect to, in part, the design and construction of a new bus shelter (the “Bus Shelter”) to replace the former facility located at Avon Station (the “Project”); and WHEREAS, pursuant to the Agreement, the Bus Shelter was to be located in a location different than the former facility, which location was identified in Exhibit A to the Agreement; and WHEREAS, the Bus Shelter did not fit in the proposed location identified in the Agreement so the Bus Shelter was constructed in the same location as the former facility; and WHEREAS, this First Amendment is intended to memorialize the location of the Bus Shelter since it differs from that set forth in the Agreement; and WHEREAS, this Agreement for cooperation between two governmental entities is authorized by C.R.S. § 29-1-201, et. seq., and Article XIV, Section 18 of the Colorado Constitution. AGREEMENT: NOW THEREFORE, in consideration of the mutual promises, covenants and conditions contained herein, the Parties hereto agree as follows: 1. SCOPE/DESCRIPTION OF THE PROJECT A. The Bus Shelter for Avon Station was constructed in the location generally depicted on Exhibit A, which is attached hereto and incorporated herein by reference. The Project is located on land owned by the Town. B. Exhibit A to the Agreement is hereby deleted in its entirety and replaced with Exhibit A attached hereto. Docusign Envelope ID: 1BAE05A3-AD4B-442F-9D22-3C5AA4910C27 23rd July 2 2. MISCELLANEOUS A. Except as herein specifically set forth in this First Amendment, all other provisions of the Agreement shall remain in full force and effect and be binding upon the Parties in accordance with their terms. If any inconsistencies exist between the Agree ment and this First Amendment, the terms of this First Amendment shall control. B. This First Amendment together with the 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. C. This First Amendment 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: 1BAE05A3-AD4B-442F-9D22-3C5AA4910C27 3 IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS ATTEST: By: Regina O’Brien Matt Scherr Clerk to the Board of Chair County Commissioners TOWN OF AVON ATTEST: By: By: Miguel Jauregui Casanueva Amy Phillips Town Clerk Mayor Docusign Envelope ID: 1BAE05A3-AD4B-442F-9D22-3C5AA4910C27 4 Exhibit A BUS SHELTER LICENSE AREA Docusign Envelope ID: 1BAE05A3-AD4B-442F-9D22-3C5AA4910C27