HomeMy WebLinkAbout2015-35 5th Amendment to Eagle County Recycle Drop off SiteRESOLUTION NO. 35
Series of 2015
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF VAIL AND EAGLE COUNTY REGARDING THE TOWN OF VAIL
RECYCLE DROP OFF SITE; 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");
WHEREAS, the members of the Town Council of the Town (the "Council") have
been duly elected and qualified;
WHEREAS, the Town and Eagle County (the "County") entered into an
Intergovernmental Agreement (the "Agreement") on November 23, 2010 regarding the Town
of Vail Recycle Drop Off Site;
WHEREAS, the Agreement has since been amended annually to extend the term for
consecutive one-year periods;
WHEREAS, the Town and County wish to extend the Agreement for an additional
one year period on the same terms and conditions as set forth in the original Agreement
WHEREAS, the Council's approval of Resolution No. 2 5, Series 2015, is
required to enter into the Intergovernmental Agreement ("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 Eagle County on behalf of the Town 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 171h day of November, 2015.
ATTEST:
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Paen
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Resolution No. 35, Series of 2015
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11/17/2015
FIFTH AMENDMENT TO AGREEMENT BETWEEN
EAGLE COUNTY, COLORADO
AND
TOWN OF VAIL
REGARDING RECYCLE DROP OFF SITE
THIS FIFTH AMENDMENT ("Fifth Amendment") is effective as of the day of
, 2015 between Eagle County, Colorado, located at 500 Broadway, Eagle, CO
81631 ("County") and Town of Vail, Colorado a municipal corporation, located at 75 South
Frontage Road, Vail, CO 81658 ("Town").
WITNESSETH:
WHEREAS, County and Town entered into an Agreement dated November 23, 2010
concerning the Town of Vail Recycle Drop Off Site ("Original Agreement"); and
WHEREAS, the Parties entered into a First Amendment dated December 29, 2011, a Second
Amendment dated November 30, 2012, a Third Amendment dated January 1, 2014, and a Fourth
Amendment dated January 1, 2015 to extend the term of the Original Agreement for consecutive
one-year periods; and
WHEREAS, the parries desire to extend the term of the Original Agreement for an additional
one-year period on the same terms and conditions as set forth in the Original Agreement.
FIFTH AMENDMENT
NOW, THEREFORE, in consideration of the foregoing premises and the following promises,
County and Town agree to amend the Original Agreement as follows:
1. Paragraph 5 of the Original Agreement will be deleted and replaced with the following:
"If not previously terminated as set forth herein, this Agreement shall terminate on
December 31, 2016. The Agreement may be renewed annually by mutual written
agreement of the parties."
2. Capitalized terms in this Fifth Amendment will have the same meaning as in the Original
Agreement. To the extent that the terms and provisions of this Fifth Amendment conflict with,
modify or supplement portions of the Original Agreement, the terms and provisions contained
in this Fifth Amendment shall govern and control the rights and obligations of the parties.
3. Except as expressly altered, modified and changed in this Fifth Amendment, all terms and
provisions of the Original Agreement shall remain in full force and effect, and are hereby
ratified and confirmed in all respects as of the date hereof.
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4. This Fifth Amendment shall be binding on the parties hereto, their heirs, executors,
successors, and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this Fifth Amendment to the
Original Agreement the day and year first above written.
ATTEST:
Town Clerk
COUNTY OF EAGLE, STATE OF COLORADO,
By and Through Its COUNTY MANAGER
Brent McFall, County Manager
TOWN OF VAIL, STATE OF COLORADO
By its Town Manager
By:
Stan Zemler, Town Manager
11/17/2015