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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: acc. Paen T" Cle Resolution No. 35, Series of 2015 j - . M � I fa� I �'G Town Mayor • AL SE ' ` 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. f L 11/17/2015 • • h 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