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HomeMy WebLinkAbout2010-09 IGA with ERWSD to Upgrade its R4 Well House RESOLUTION NO. 9 Series of 2010 A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF VAIL AND THE EAGLE RIVER WATER & SANITATION DISTRICT; AND SETTING FORTH DETAILS IN REGARD THERETO. WHEREAS, the Town of Vail (the "Town "), in the County of Eagle and State of Colorado is a home rule municipal corporation duly organized and existing under the laws of the State of Colorado and the Town Charter (the "Charter"); and WHEREAS, the members of the Town Council of the Town (the "Council ") have been duly elected and qualified; and WHEREAS, the Eagle River Water & Sanitation District (the "ERWSD ") wishes to upgrade its R4 well house, located near the intersection of Vail Valley Drive and the South Frontage Road, and to connect the R4 well house to the Town's private sewer collection system; and WHEREAS, the Town has relocated the guard house known as "Check Point Charlie" and the new facility includes a public rest room which requires a sewer service to be tapped into the ERWSD's sewer main; and WHEREAS, the Town and ERWSD wish to enter into an Intergovernmental Agreement (the "IGA ") allowing the ERWSD's R4 well house to be connected to the Town's private sewer system and providing for a variance to the ERWSD's Rules and Regulations to tap Check Point Charlie's public restrooms into the ERWSD's sewer main; and WHEREAS, the Council's approval of Resolution No. 9, Series 2010, is required to enter into an IGA. NOW THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF VAIL, COLORADO THAT: Section 1. The Council hereby approves the IGA and authorizes the Town Manager to enter into the IGA with the ERWSD, in substantially the same form as attached hereto as Exhibit A and in a form approved by the Town Attorney. 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 6 day of April, 2010. Richard Cle a an , Town Mayor ATT T: OWN rel i Donaldson, ••!+ Tow Clerk •� Resolution No. 9, Series 2010 Z ••• ••••'•••••• �RADO AGREEMENT THIS AGREEMENT entered into this , day of , 2010, by and between TOWN OF VAIL, a home rule municipality and political subdivision of the State of Colorado ( "Town "), and EAGLE RIVER WATER & SANITATION DISTRICT, a quasi - municipal corporation and political subdivision of the State of Colorado ( "District ") hereinafter also referred to as the "Parties ". RECITALS WHEREAS, District owns and operates a water treatment and distribution system and the wastewater treatment and collection system within the boundaries of Town; and WHEREAS, District is performing upgrades to its well houses, in Town, in response to the upcoming EPA Ground Water Rule; and WHEREAS, District's R4 well house, located near the intersection of Vail Valley Drive and the South Frontage Road, is not currently connected to District's sewer collection system and District desires that the R4 well house be connected to the sewer collection system; and WHEREAS, the Town has a private sewer service, as defined as that which begins at the Public Works Shops and Administration buildings located at 1279 and 1309 Elkhorn Drive respectively and extends and connects to a District sewer main located along Vail Valley Drive, in conjunction with a Town owned lift station located near the intersection of Vail Valley Drive and the South Frontage Road, and; WHEREAS, Town is willing to allow District to tap the R4 well house into said private sewer service, under conditions mutually agreed to by the Parties; and WHEREAS, the above referenced appurtenances are shown on District's Section Map Number 2101 -092, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, Town is relocating the guard house known as "Check Point Charlie" to the general vicinity of Gore Creek Drive and Willow Bridge Road and such facility will include a public rest room which will require a sewer service to be tapped onto District's sewer main; and WHEREAS, Town desires to obtain a variance to District's Rules and Regulations to tap said sewer services into District's Manhole No.2101- 082MH0700 at a F:\PW1 Engineering \Utilities\ERWSD\20101GA& Easements \.IGA- LiftStationVVD\Town of Vail Agreement Final.doc depth to be determined, rather than tapping into the adjacent sewer main at a depth exceeding 20 feet; and WHEREAS, District is willing to allow a variance to District's Rules and Regulations to allow Town to tap the Check Point Charlie sewer service into said manhole under conditions mutually agreed to by the parties; and WHEREAS, Town and District are authorized by Colorado Constitution, Article NK Section 18(2)(a) and Section 29 -1 -203, Colorado Revised Statutes, to cooperate and contract with each other to provide any function, service or facility lawfully authorized to each. AGREEMENT NOW, THEREFORE, in consideration of the covenants, conditions and agreements set forth herein, the Parties agree as follows: 1. OBLIGATIONS OF TOWN 1.1 Town agrees to allow District to tap the R4 well house into Town's private sewer service near the intersection of Vail Valley Drive and the South Frontage Road to enable District to discharge approximately 0.5 gallons per minute. 1.2 Town agrees to provide all materials, labor and equipment to maintain the private lift station associated with the private sewer service. 1.3 In the event Town wishes to abandon the private lift station and/or the private sewer service, District agrees to assume ownership and maintenance of the private lift station and/or ownership of the private sewer service (it being acknowledged that District is assuming maintenance responsibility for such private sewer service pursuant to this Agreement), as applicable. 1.4 Town agrees to provide all materials and labor required to tap the Check Point Charlie sewer service into the above referenced manhole at the above referenced depth, and in accordance with the variance to the Rules and Regulations approved by District in Section 2.1 below. Town shall be responsible for any maintenance or repairs made necessary as a result of the variance to be granted pursuant to this Agreement. F..pw` engineering `utilities iga&easements\iga- liftstationvvd \town of vail agreement final.doc 2. OBLIGATIONS OF DISTRICT 2.1 District agrees to approve a variance to its Rules and Regulations to allow Town to tap the Check Point Charlie sewer service into the above referenced manhole at a depth to be determined. 2.2 District agrees to provide all materials, labor, and equipment required to tap the R4 well house into Town's private sewer service. It is anticipated that District will require a 4" tap. 2.3 In lieu of sharing maintenance costs associated with Town's lift station, District agrees to provide all materials, labor and equipment to perform the following on the same frequency as other District sewer mains: a. Jetting the Town's private sewer service, as defined above. b. Televising the Town's private sewer service, as defined above. c. Maintenance, repair, and replacement of the private sewer service from the R4 well house to the sewer main as needed. 3. TERM OF AGREEMENT This Agreement shall commence on the date first written above and run in perpetuity for the benefit of the Parties. 4. ADDITIONAL PROVISIONS 4.1 Release from Liability The Parties are effecting this undertaking to achieve mutual benefit; and, accordingly, hold each other harmless from all but gross negligence in executing the terms of this Agreement and completing the Project. The Parties agree to utilize their best efforts in performing all terms of this Agreement. 4.2 Enforcement. The Parties agree that this Agreement may be enforced in law or in equity for specific performance, injunctive, or other appropriate relief, including damages, as may be available according to the laws and statutes of the State of Colorado. It is specifically understood that by executing this Agreement each Party commits itself to perform pursuant to the terms contained herein, and that any breach hereof which results in any recoverable damages shall not cause the termination of any obligations created by this Agreement unless such termination is declared by the Party not in breach hereof. f.. \ow\engineering Wtilitieskrwsd\2010 iga& easements `aga- liftstationvvd`.town of vail agreement final.doc 4.3 Interested Persons Nothing herein expressed or implied is intended or should be construed to confer or give to any person or corporation or governmental entity other than District and Town, any right, remedy or claim under or by reason hereof or by reason of any covenant or condition herein contained, nor limit in any ways the powers and responsibilities of Town, District, or any other entity not a party hereto. 4.4 Notices All notices, requests, demands, consents and other communications hereunder shall be transmitted in writing and shall be deemed to have been duly given when hand - delivered or sent by certified, United States mail, postage prepaid, with return receipt requested, addressed to the Parties as follows: Stan Zemler, Town Manager Town of Vail 75 South Frontage Road Vail, Colorado 81657 With a Copy to: Matt Mire, Town Attorney Town of Vail 75 South Frontage Road Vail, Colorado 81657 Eagle River Water & Sanitation District Dennis Gelvin, General Manager 846 Forest Road Vail, Colorado 81657 With a Copy to: James P. Collins, Esq. Collins Cockrel & Cole 390 Union Boulevard, Suite 400 Denver, Colorado 80228 -1556 Either party may change the address at which it receives written notice, by notifying the other party in writing in the manner provided herein. 4.5 Severability If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to either Party or as to both Parties, such portion shall be deemed severable and its invalidity or its unenforceability shall not affect the remaining provisions; such remaining provisions shall be fully severable and this f..' , pw` engineering\utilities \erwsd%1010 iga& easements `•iga- liftstationvvd\town of vail agreement final.doc Agreement shall be construed and enforced as if such invalid provisions had never been inserted into this Agreement. 4.6 Amendment This Agreement may be amended, modified, changed, or terminated in whole or in part only by written agreement duly authorized and executed by the Parties hereto. 4.7 Force Majeure. No party shall be liable for any failure to perform as required by this Agreement to the extent such failure to perform is caused by any reason beyond the control of that party or by reason of any of the following occurrences, whether or not caused by such party: strikes, labor disturbances or labor disputes of any character, accidents, riots, civil disorders or commotion, war, acts of aggression, floods, earthquakes, acts of God, explosion or similar occurrences; provided, such party shall exercise its best efforts to provide the best possible alternative performance and to prevent the foregoing occurrence from obstructing full performance. Such occurrences shall not terminate this Agreement and shall not affect this Agreement except as provided in this Section. 4.8 Entire Agreement of the Parties. This Agreement represents the full and complete understanding of Parties, and supersedes any prior agreements, discussions, negotiations, representations or understandings of Parties with respect to the subject matter contained herein. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be effective as of the date and year first above written. EAGLE RIVER WATER & SANITATION DISTRICT By: Robert Warner, Jr. Attest: Debbie Buckley, Secretary El pw kngineering\ulilitieskrwsd\2010 iga& easements\iga- liftstationvv&.town of veil agreement final.doc TOWN OF VAIL By: Dick Cleveland, Mayor Attest: Lorelei Donaldson, Town Clerk APPROVED AS TO FORM Matt Mire, Town Attorney f' pw�engineeringlutilities %rrws&2010 iga& easements `,iga- liflstationwdltown of vail agreement finel.doc L g is e lip to :a ~ is m © N to a ui lit J a as is - a g x I s �J i �a to � n "Q � 19 N _ to ' is o Z J ; a if Me 4 ® � W r � a � us J i V- O r al > 0 - a� .� C v 04. 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