HomeMy WebLinkAbout21 - IGA with TOE for building inspection services13
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INTERGOVERNMENTAL AGREEMENT
BETWEEN AuG 3 ! 3 '03
THE COUNTY OF EAGLE, STATE OF COLORADO'
AND
THE TOWN OF EAGLE, STATE OF COLORADO
BUILDING INSPECTION SERVICES - EAGLE COUNTY
JUSTICE CENTER AND TEMPORARY DETENTION FACILITY
THIS AGREEMENT, made and entered into this ,,4& a day
of , 1983, by and between the COUNTY OF EAGLE, STATE
OF COLORAVO, a body corporate and politic, by and through its
Board of County Commissioners, hereinafter referred tows the
"County," and the TOWN OF EAGLE, STATE OF COLORADO, a Colorado
municipal corporation, by and through its Board of Trustees,
hereinafter referred to as the "Town."
W I T N E S S E T H:
WHEREAS, Section 30 -11 -104, C.R.S. 1973, as amended,
requires each county, at its own expense, to provide a suitable
courthouse, a sufficient jail, and other necessary county
buildings; and
WHEREAS, the County desires and intends to commence
construction in 1983 of the Eagle County Justice Center located on
approximately 10 acres in the Town of Eagle, State of Colorado, and
more particularly described in Exhibit "A" attached hereto and
incorporated herein by this reference; and
WHEREAS, prior to the completion of the Eagle County
Justice Center, the County desires and intends to construct and
place a temporary detention facility adjacent to and west of the
present Eagle County Courthouse located in the Town of Eagle, State
of Colorado; and
WHEREAS, the Town has enacted building regulations and has
established a building department, pursuant to Section 31 -15 -601,
C.R.S. ,1973, as amended; and
WHEREAS, the County has enacted building regulations and
has established a building department, pursuant to Section
30 -28 -201 et sec., C.R.S. 1973, as amended; and
WHEREAS, due to the complexity and specialized nature of
the construction of the aforementioned County Justice Center and
temporary detention facility, and the need for expert and continual
building inspection services associated therewith, the County
desires to contract with the Town for the performance of the
hereinafter described building inspection services by the County's
building department; and
WHEREAS, the Town is agreeable to such a contract subject
to the terms and conditions hereinafter set forth; and
WHEREAS, Section 29 -1 -201 et seq., C.R.S. 1973, as
amended, authorizes governments to cooperate or contract with one
another to provide any function, service or facility lawfully
authorized to each of the cooperating or contracting units.
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NOW, THEREFORE, for and in consideration of the mutual
covenants, conditions and promises contained herein, the parties
hereto agree hereby as follows:
I. PURPOSES.
The purposes of this Agreement are to provide plan review,
building inspections and other related services relative to the
construction of the Eagle County Justice Center and the
temporary County detention facility described hereinabove, in
accordance with the provisions of the Town's building
regulations or the County's building regulations, whichever is
more stringent.
II. SCOPE OF DUTIES.
A. The County agrees, through the County's building
department, to provide and perform all building inspection
services relating to the construction of the Eagle County
Justice Center and the temporary County detention facility
located in the Town to the extent and manner hereinafter set
forth. "
B. The rendition of such building inspection services,
the standards of performance, the discipline of employees, and
other matters incident to the performance of such building
inspection services and the control of personnel so employed,
shall be within the sole discretion and-authority of the
County.
C. Building inspection services performed hereunder
shall encompass duties and functions of the type coming within
the jurisdiction of and customarily rendered by the Town's
building department under the laws of the State of Colorado and
the building regulations promulgated pursuant thereto by the
Town, and shall include, by way of example only, plan review,
issuance of building permits (electrical, plumbing and
mechanical), and building inspections.
D. The County agrees that all building inspection
services performed hereunder shall be in conformance and comply
with the provisions of the Town's building regulations
presently in force or the County's building regulations
presently in force, whichever is more stringent.
E. For the purpose of performing the services and
functions herein described, the County shall furnish and supply
all necessary labor, supervision, equipment, materials and
supplies required.
III. FEES.
A. Neither party shall be compensated by the other
respective party for the performance of the building inspection
services provided herein.
B. In consideration of the County's performance of the
building inspection services herein described, the Town agrees
to waive and not require payment by the County of all Town plan
check fees, building permit fees, and other building related
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fees associated with the construction of the Eagle County
Justice Center and temporary County detention facility, and
customarily imposed pursuant to the Town's building
regulations.
IV. LIABILITIES.
A. All persons employed in the performance of such
building inspection services pursuant to this agreement shall
be County employees, and no person employed hereunder shall
have any Town pension, civil service, or any stature or right.
B. The Town shall not be called upon to assume any
liability for the direct payment of any salaries, wages or
other compensation to any County personnel performing building
inspection services hereunder. The Town shall not be liable
for compensation or indemnity to any County employee for injury
or sickness arising out of his /her employment.
C. The County agrees to indemnify, defend and hold
harmless the Town, its respective agents, affiliates, officers,
trustees, servants, and employees of and from any and all loss,
damage, liability, claims, demands, actions and causes of
action whatsoever against the Town arising out of or in any way
connected with the County's performance of its responsibilities
and obligations in connection with this Agreement; provided,
however, that upon being notified of any such loss, damage,
liability, claim, demand, action or cause of action, the Town
gives written notice to the County of the same within 10 days
from the date of notification to the Town, and the County is
permitted at its expense to defend against the same.
D. Each party to this Agreement shall provide its own
public liability and property damage insurance coverage as it
may deem necessary for any potential liability arising from
this Agreement.
V. REPORTS.
The County shall provide the Town one (1) copy of all
written reports, plan check reviews, inspections, and permits
issued and /or prepared by the County pursuant to this
Agreement. One complete set of the foregoing documents shall
be retained by the County for a period of 5 years, and be made
available for inspection by the Town upon reasonable advanced
notice and during regular business hours.
VI. TERMINATION.
Either party, with or without cause, may terminate this
Agreement upon the giving of ninety (90) days prior written
notice of such termination to the other respective party.
Notice shall be deemed to have been given upon the mailing of
said notice by United States certified, first - class mail,
postage prepaid, and addressed to the parties at their
respective addresses as shall appear herein or upon a change of
address pursuant to this notice provision.
VII. ADDITIONAL PROVISIONS.
A. No modification or waiver of this Agreement or of any
covenant, condition, or provision herein contained shall be
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valid unless in writing and duly executed by the party to be
charged therewith.
B. 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 either by the County or the Town other than those
contained herein.
C. 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
respective parties hereto.
D. 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.
IN WITNESS WHEREOF, the parties hereto have executed this
agreement the day and year first above written.
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•le;rc o th oard 6f
County Commissioners
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COUNTY OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF COUNTY COMMISSIONERS
By: — 'Ar-
David E. Mott, Chairman
Address: P.O. Box 850
Eagle, Colorado 81631
(303) 328 -7311
TOWN OF EAGLE, STATE OF COLORADO
By and through its
BOARD OF TRUSTEES
By : di'�' //-� , '-'�
James H. Seabry, Mayor
Address: P.O. Box 609
Eagle, Colorado 81631
(303) 328 -6354
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EXHIBIT "A"
��., ;�arcct Loc.lt d in "Crrlcts ��`� and 70, Section
33, Township 4 South, (mange 64 West of the Sixth
fr ins, ilia L wr id ian, Eng la County, C, torado,
,acc,rd i_n:; to the Independent Qusurvey of said
Townsnip and Ran;go as :approved on .tune 20, 1922;
,,1ij PNccel conwinin ; L0.120 ,acres or 453,886
..... F _eu, more or Less, and being more
pnr,_icuLarl, described as follows:
li,,i nn jng at a point on the Southerly
Right.oV-Yay boundary: of Interstate Highway No. 70,
fr.. :<< which the Witness Corner for Corner No. 1 of
said TracL 70 bears 5.00 101'54 ":J. 41.60 feet; thence
along said southerly boundary the following two (2)
caurons and distances:
1) X1.65 020'43 "E. 442.96 feet
2) N.60 053'22 "E. 499.91 feet
thence departing said southerly boundary along the
following give (5) courses and distances:
1)
5.07 055'04
"E.
152.21
feet
2)
S.01 °40'40
"E.
205.09
feet
3)
S.25 °12'04
"E.
132.11
feet
4)
S.63 °20'48
"W.
633.48
feet
5)
S.59 024'01
"W.
414.24
feet
to a point on the easterly boundary of the Eagle
Commercial Park; thence along said easterly boundary
the tollowing two (2) courses and distances:
1) 5.89 028'06 "W. 21.55 feet
2) N.00 001'53 "E. 500.96 feet
thence departing said easterly boundary
S.89 058'52 "E. 21.40 feet to the Witness Corner for
Corner No. 1 of said Tract 68; thence N.00 101'54 "E.
41.60 feet to the point of beginning, together with
all easements and rights of way appurtenant thereto;
Excepting therefrom
parcel of land to be used
and containing 0.395 of a
feet, more or less:
the following described
as a public right -of -way
n acre or 17215.8 square
A parcel located in Tract 70, Section 33,
Township 4 South, Range 84 West of the Sixth
Principal Meridian, Eagle County, Colorado according
to the Independent Resurvey of said Township and
Range as approved on June 20, 1922; said parcel
being more particularly described, with all bearings
contained herein based on a bearing of N.00 °33'00 "W.
between the Town of Eagle Street-Monuments at Fifth
and Broadway and Second and Broadway, as folLows :
Cierlt's Note: This document is a, poor copy and
will not photograph well. This is
not the fault of this office.
n4inninn at a point atom Which the AUDWS3
cornw: for Corner �0- 4 9E said Tract 70 boars
N.5 005'42"W. W.52 CCCL jiSLA"; nhunc'2
N. ojom AM. 57 4.. 1 C CC L no a point on the �USW r QF
Boundary 0V a parch known is the . o;A Tract;
thence aLonq said Koundnuv S. 5' 30.OL EeuL
to the NorLhenstcrhY COUn''r of a parcel of land
recorded in Book 266 at page 466 of the Ell"Le County
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Records; thence aLonq the NOCLheclY Boundary of sa'
parcel SAYA'48"W, 573.43 feet; thence
N.2603912"W. 30.00 feet to the point of beginning,
heEeinaUwr referred to as "Parcel D.
The property described hereinabove exceptiM,
thcroCrom'parcej 0, hereinafter referred to as the
"pcoperLy," contains 10.025 acres or 436,670.2
square feet, more Or less.''
Qlprk Is Note: This document is a poor copy and
will not photograph well. This is
not the fault of this office.