HomeMy WebLinkAbout1.10 Garfield County intergovernmental agreement.pdfAttachment "J"
INTERGOVERNMENTAL AGREEMENT REGARDING THE GATEWAY RIVER ACCESS PARK-TOWN OF CARBONDALE THIS INTERGOVERNMENTAL AGREEMENT ("IGA") conceming funding for acquisition of a regional recreation
and open space park is entered into by and between the BOARD OF COUNTY COMMISSIONERS OF GARFIELD COUNTY, STATE OF COLORADO, a statutory county ("Garfield County"), and the TOWN OF CARBONDALE,
a Colorado home rule municipality ("Carbondale"). Recitals 1. The parties to this IGA are authorized to provide for joint funding and to cooperate in the development of projects pursuant
to Section 18, Article XIV of the Colorado Constitution and C.R.S. § 29-1-201, et seq., as amended. 2. The parties to this IGA desire to pmiicipate in the acquisition of land commonly
known as the "Koziel Properiy" for the purposes of the creation of Town of Carbondale Park, with river access, to be owned and operated by Carbondale. ("Gateway River Access Park") 3.
Such Gateway River Access Park will provide river access, a boat ramp, open space, and other recreational amenities for citizens of Carbondale, Garfield County, and the region. NOW,
THEREFORE, Carbondale and Garfield County agree as follows: 1. Project. The project that is the subject of this IGA is the acqmsrtwn by Carbondale of approximately 7.53 acres of privately
owned property, improved with one single family residence, fronting the Roaring Fork River ("River"), located at the intersection of Highway 82 and Highway 133. The "Project" includes
acquisition of a license/permit from the Colorado Department of Natural Resources Division of Wildlife ("DOW") and a lease to DOW relating to River access. 2. Project Costs. The cost
for acquisition is Two Million Five Hundred Twenty Thousand Dollars ($2,520,000), with funding to be provided by the State of Colorado's Great Outdoors Colorado Grant Program, Carbondale,
Garfield County, DOW's Wildlife Habitat and "Fishing Is Fun" Grant Programs and other potential private and public funding entities. 3. Carbondale Responsibilities. Carbondale shall:
a. Coordinate the fundraising for acquisition of the land, including making all grant applications and completing negotiations with the owners of the 7.53 acres and access rights to
the Ri vcr; 1
b. function as the contracting and fiscal authority for the Gateway River Access Park, consistent with Carbondale's ownership responsibilities, including entering into and closing a
contract to purchase the real estate from the current owners and finalizing all River access documents with DOW; c. provide Garfield County with information needed for a wire transfer
of Garfield County's committed funds, in accordance with paragraph 4 below; d. make an official submission to the Garfield Planning Commission through the Garfield County Building and
Planning Director, to schedule a "Location and Extent Review" under terms of C.R.S. § 30-28-110, as amended, including information on, among other things, the alternate plans to State
Highway 133. If such review has not occurred prior to March 31, 2011, this IGA shall be of no further legal effect and the Carbondale shall return Garfield County's contributed funds;
and e. process and obtain land use permits needed, if any, under the Garfield County Unified Land Use Resolution of2008, as amended; and f. process and obtain any needed federal, state,
and other local permits; and g. keep records of its expenditures showing the funds spent under this IGA for a minimum of three (3) years following completion of the Project. 4. Garfield
County Responsibilities. Garfield County shall provide One Hundred Thousand Dollars ($100,000) to Carbondale to be spent solely on Carbondale's acquisition of real estate for the Gateway
River Access Park. The County shall make payment of the full dollar amount as a lump sum by means of electronic transfer to Land Title Guarantee Company, ("Land Title") 1317 Grand Avenue,
Suite 200, Glenwood Springs, Colorado (970-945-261 0) upon receipt of Carbondale's email notification to the Garfield County Finance Department at "mdavid@garfield-county.com." Such
email notification must be transmitted 48-hours prior to and include the date and time of closing of Carbondale's real estate purchase and sale agreement with Stanley and Valerie Koziel.
The email must also include the legal name of Land Title's bank, account holder, account number, bank routing numbers, and physical address of the bank. Upon timely receipt of the above-listed
information, Garfield County will transfer funds with instmctions to Land Title to release the money upon closing. 5. Breach and Notice. If any pmiy to this IGA fails to perform its
respective obligations, the nonbreaching pariy shall provide thiriy (30) days' notification of such failure to the breaching party's representative. Ifthe breaching party fails to correct
or remedy the breach, the nonbreaching party may terminate this IGA by written notification to the other pmiy's representative and shall have no other furiher obligations under this
IGA. 6. Insurance and Third-Party Indemnification. To the extent permitted by law, Carbondale shall defend and hold hannless Garfield County from and against any injury, claim or damage
to any third pariy arising out of or in connection with Carbondale's acquisition, construction and operation of the Gateway River Access Park. Although this IGA deals only 2
with acquisition of property, it is specifically understood that the Gateway River Access Park is to be designed, constructed, operated, owned and maintained by Carbondale. Garfield
County has no ownership, design, comtruction, operational or maintenance responsibilities for the River access or the Gateway River Access Park. Therefore, insurance related to the Gateway
River Access Park is the responsibility of Carbondale only. Insurance, if any, related to river access controlled by DOW shall be a matter of agreement between Carbondale and DOW. Nothing
in this IGA is intended or shall be construed to constitute a waiver on the part of Carbondale, Garfield County of the provisions of the Colorado Governmental Immunity Act, C.R.S. §
24-10-10 I et seq., as amended. 7. Whole Agreement. This IGA sets fmih the whole agreement of the parties. No representations, either verbal or written, shall be considered binding on
any party to the extent not set forth herein. 8. Term. The IGA shall become effective upon the date of the last signature and shall terminate on December 31, 2010, unless renewed by
written amendment prior to that date or sooner tetminated under terms of paragraph 6 above. 9. Annual Appropriation. Each party's financial participation is subject to annual appropriation
and budgeting by each. This IGA is not intended to, nor does it, create a multiyear fiscal obligation as defined by Section 20, Article X of the Constitution of the State of Colorado.
Should either party fail to appropriate funds, this IGA shall terminate. Garfield County has specifically budgeted and appropriated the dollar amount identified in paragraph 4 above
in fiscal year 2010. 10. Amendment and Assignment. This IGA may be amended by the parties solely through a written agreement signed by the parties. This IGA may not be assigned by a
pmiy without the written consent of the others. II. Counterpmts. This IGA may be executed in counterparts, each of which shall be deemed an original, and all of which, when taken together,
shall be deemed the same instmment. Facsimile or photographic signatures of any pmty to this IGA or subsequent modifications thereto, shall be effective for all purposes. 12. Governing
Law, Venue and Survival. The laws of the State of Colorado shall govem validity, performance and enforcement of this I GA. Should either party institute legal action for enforcement
of this IGA, venue of such action shall be in Garfield County, Colorado. The prevailing party shall be entitled attomey' s fees, expenses and court costs. All rights concerning remedies,
fees and costs shall survive termination of this IGA. 13. No Third-Party Beneficiary. No third party may enforce or rely npon this I GA. 14. Authority. Each person signing this IGA represents
and wan-ants that the individual is fully authorized to enter into and execute this !GA and to bind the patty it represents to the terms and conditions thereof. 3
15. Notice and Representatives. All notices required under this IGA shall be in writing and hand-delivered or sent by ceriified mail, return receipt requested and postage prepaid, or
by electronic communication, addressed to the parties' designated representatives as follows: Carbondale: Tom Baker, Town Manager Town of Carbondale cc: 511 Colorado Ave. Carbondale,
CO 81623 (970) 963-2733 (970) 963-9140 (facsimile) Email: tbaket@carbondaleco.net Mark H. Hamilton, Esq. Holland & Hart, LLP 600 East Main Street, Suite 104 Aspen, CO 81611 (970) 925-9367
County: Jim Hackett cc: Sr. Contract Administrator Count~ of Garfield 108 81 Street, Suite 403 Glenwood Springs, CO 81601 (970) 384-5018 (970) 384-5008 (facsimile) Email: jhackett@garfield-county.com
Count~ Attorney's Office 108 81 Street, Suite 219 Glenwood Springs, CO 81601 (970) 945-9150 Email: mehamilton@hollandhart.com Email: garcoatt@garfield-county.com Either party by notice
so given may change the identity of its designated representative and the address to which future notices shall be sent, without formal amendment of this I GA. 16. Severability. Should
any provision of this IGA be decided to be in conflict with any law of the United States or the State of Colorado or otherwise be unenforceable, the remaining provisions shall be deemed
severable and the validity of such shall not be affected thereby, provided such remaining provisions can be construed in substance to constitute the agreement which the parties intended
to enter into under this I GA. IN WITNESS WHEREOF, Carbondale and Garfield County have executed duplicate originals of this IGA to be effective the 29'11 day of March, 2010, no matter
the date of execution below. BOARD OF COUNTY COMMISSIONERS ATTEST: GARFIELD 0 II"Y, COLORADO 4
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