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Home My WebLink About2025-48 A Resolution Approving an IGA between the Town of Vail and the ERWSD regarding the Construction of a Sanitary Sewer Main within East Lionshead Circle and as a Part of the Dobson Ice Arena Remodel ProjectRESOLUTION NO. 48 Series of 2025 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER AND SANITATION DISTRICT REGARDING THE CONSTRUCTION OF A SANITARY SEWER MAIN WITHIN EAST LIONSHEAD CIRCLE AND AS A PART OF THE DOBSON ICE ARENA REMODEL PROJECT WHEREAS, the Eagle River water and Sanitation District requires that the Town relocate the sanitary sewer main that currently exists immediatly adjacent to the Dobson Ice Arena installed for the Dobson Ice Arena Project; and WHEREAS, the Town and the District agree that the most efficient timing of this relocation will be when the Town completes the Dobson Plaza streetscape work; and WHEREAS the Town and the District agree that the timing of this required work shall be completed within 5 years as per Exhibit A and made a part hereof by this IGA . NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Town Council hereby approves the IGA in substantially the same form as attached hereto as Exhibit A,and in a form approved by the Town attorney, and authorizes the Town Manager to execute the IGA on behalf of the Town. Section 2. This Resolution shall take effect immediately upon its passage. INTRODUCED, PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Vail held this 21 st day of October 2021. _________________________ Travis Coggin, Town Mayor ATTEST: _____________________________ Stephanie Kauffman, Town Clerk 1 10/3/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC1441D7\@BCL@FC1441D7.DOCX INTERGOVERNMENTAL AGREEMENT This Intergovernmental Agreement (the "Agreement") is made and entered into this ______ day of ____________ 2025 (the "Effective Date"), by and between the Town of Vail, a Colorado home rule municipality with an address of 75 South Frontage Road, Vail, CO 81657 (the "Town"), and the Eagle River Water & Sanitation District, a Colorado special district with an address of 846 Forest Road, Vail, CO 81657 (the "District") (each a "Party" and collectively the "Parties"). WHEREAS, pursuant to § 18(2)(a) and (b), Article XIV of the Colorado Constitution and C.R.S. §§ 29-1-203 and 32-1-1001, the Parties may enter into agreements with one another to provide intergovernmental services and facilities, when so authorized by their governing bodies; WHEREAS, the Town is working on the Dobson Ice Arena Remodel project (the "Project"); WHEREAS, as part of the Project, the Town has installed a Holy Cross Energy ("HCE") transformer (the "Transformer") over an existing District sanitary sewer line (the "Sewer"), the location of which is attached hereto and incorporated herein as Exhibit A; WHEREAS, the Parties desire for the Town to relocate the Sewer at a mutually agreed upon future date; and WHEREAS, each Party has determined it to be in the best interests of its respective taxpayers, residents, property owners, and constituents to enter into this Agreement. NOW, THEREFORE, in consideration of the mutual performance of the covenants, agreements, and stipulations contained herein, the sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. Sewer Relocation. a. The Town shall, at its sole cost and expense, complete the relocation of the Sewer within 5 years of the Effective Date. If the Town fails to complete the relocation within the required timeframe, the District may, upon at least 30 days' prior written notice to the Town, undertake the relocation itself. In such event, subject to Section 4.k. hereof, the Town shall reimburse the District for all costs and expenses reasonably incurred in connection with the relocation. b. The Sewer shall be relocated to a mutually agreed upon adjacent location. Such location shall be within a public right-of-way or easement. c. The relocation shall comply with all applicable law and the District's then- current Rules and Regulations, and shall be subject to the District's approval of the 2 10/3/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC1441D7\@BCL@FC1441D7.DOCX associated plans and specifications prior to commencement of construction , which approval shall not be unreasonably withheld. 2. Term and Termination. a. Term. This Agreement shall commence on the Effective Date and shall continue until December 31, 2030. b. Termination. Either Party may terminate this Agreement at any time upon 30 days' prior written notice to the other Party. Such termination shall not relieve the Town of its obligation to relocate the Sewer or reimburse the District for all costs and expenses reasonably incurred by the District in connection with such relocation until the relocation has been completed to the satisfaction of the District, subject to Section 4.k. hereof. 4. Miscellaneous. a. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Colorado, subject to the Town's police power authority, and any legal action concerning the provisions hereof shall be brought in Eagle County, Colorado. b. No Waiver. Delays in enforcement or the waiver of any one or more defaults or breaches of this Agreement by the Town shall not constitute a waiver of any of the other terms or obligation of this Agreement. c. Integration. This Agreement constitutes the entire agreement between the Parties, superseding all prior oral or written communications. d. Third Parties. There are no intended third-party beneficiaries to this Agreement. e. Notice. Any notice under this Agreement shall be in writing, and shall be deemed sufficient when directly presented or sent pre-paid, first-class U.S. Mail to the Party at the address set forth on the first page of this Agreement. f. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be unlawful or unenforceable for any reason, the remaining provisions hereof shall remain in full force and effect. g. Modification. This Agreement may only be modified upon written agreement of the Parties. h. No Joint Venture or Partnership. No form of joint venture or partnership exists between the Parties, and nothing contained in this Agreement shall be construed as making the Parties joint venturers or partners. In no event shall any Party or its employees or its representatives be considered or authorized to act as employees or agents of any other Party. 3 10/3/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC1441D7\@BCL@FC1441D7.DOCX i. Assignment. Neither this Agreement nor any of the rights or obligations of the Parties shall be assigned by any Party without the written consent of the others. j. Governmental Immunity. Each Party and its officers, attorneys and employees, are relying on, and do not waive or intend to waive by any provision of this Agreement, the monetary limitations or any other rights, immunities or protections provided by the Colorado Governmental Immunity, C.R.S. § 24-10-101, et seq., as amended, or otherwise available to either Party or its officers, attorneys or employees. k. Subject to Annual Appropriation. Consistent with Article X, § 20 of the Colorado Constitution, any financial obligation of the Town not per formed during the current fiscal year is subject to annual appropriation, shall extend only to monies currently appropriated, and shall not constitute a mandatory charge, requirement, debt or liability beyond the current fiscal year. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date. TOWN OF VAIL, COLORADO ________________________________ Travis Coggin, Mayor ATTEST: _____________________________ Stephanie Kauffman, Town Clerk EAGLE RIVER WATER & SANITATION DISTRICT ________________________________ ATTEST: Siri Roman, General Manager _____________________________ 4 10/3/2025 C:\USERS\UFC-PROD\APPDATA\LOCAL\TEMP\BCL TECHNOLOGIES\EASYPDF 8\@BCL@FC1441D7\@BCL@FC1441D7.DOCX EXHIBIT A Transformer and Sanitary Sewer Line Location