HomeMy WebLinkAboutRESOLUTION 44-20RESOLUTION44-20ARESOLUTIONAPPROVINGANINTERGOVERNMENTALAGREEMENTWITHTHEESTESVALLEYFIREPROTECTIONDISTRICTFORACCESSANDMAINTENANCETOTOWNCOMMUNICATIONFACILITIES,ANDDEEDANDBILLOFSALE,FORTHEDANNELSFIRESTATIONWHEREAS,theTownandtheFireDistrictdesirethatownershipoftheDannelsFireStationtransferfromtheTowntotheFireDistrict;andWHEREAS,thepeopleoftheTownhaveapprovedsuchtransferbyvoteataregularelection;andWHEREAS,theTownandtheFireDistrictdesiretheTowntoretainaccessandmaintenancerightsforTowncommunicationfacilitiesonthepremises.NOW,THEREFORE,BEITRESOLVEDBYTHEBOARDOFTRUSTEESOFTHETOWNOFESTESPARK,COLORADO:TheBoardapproves,andauthorizestheMayortosign,theintergovernmentalagreementreferencedinthetitleofthisresolution,includingtheDeedandBillofSaleattachedtheretoasExhibitA,insubstantiallytheformnowbeforetheBoard.DATEDthis______dayofATTEST:2020.TcyClerkAPPROVEDASTOFORM:z—TownAttorneyTOWNOFESTESPARK
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INTERGOVERNMENTAL AGREEMENT FOR ACCESS AND MAINTENANCE TO
TOWN COMMUNICATION FACILITIES
THIS INTERGOVERNMENTAL AGREEMENT is made and entered into this ____ day
of _______________, 2020, between the Town of Estes Park (the "Town") and the Estes Valley
Fire Protection District (the “Fire District”), collectively, the “Parties”.
RECITALS
WHEREAS, the Town, upon the execution by both Parties of this Intergovernmental
Agreement will transfer the Dannels Fire Station to the Fire District by Deed and Bill of Sale, a
copy of which is attached hereto as Exhibit A and incorporated herein by reference; and
WHEREAS, the Town has installed and maintains certain communication equipment (the
“Communication Facilities”) within the Dannels Fire Station as more fully set forth on Exhibit B
attached hereto and incorporated herein by reference; and
WHEREAS, the Parties desire to enter into this Intergovernmental Agreement to state the
terms and conditions of the Communications Facilities remaining in the Dannels Fire Station
including access by the Town to the Communication Facilities.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
sufficiency of which is hereby acknowledged, the Parties agree as follows:
AGREEMENT
1. The Communication Facilities shall remain the property of the Town.
2. The Town shall have the right to access Dannels Fire Station to maintain, replace, repair,
extend, and/or remove all or part of the Communication Facilities.
a. The Town shall provide the Fire District with a minimum of 24 hours’ notice prior to
the Town accessing Dannels Fire Station for routine maintenance, replacement,
repair, extension and/or removal of the Communication Facilities. The Town will
endeavor to perform work within regular business hours and during times that will
minimize conflict with the District’s use of the Dannels Fire Station to the extent
possible.
b. In the event of an emergency which requires access to the Dannels Fire Station by the
Town for the Communication Facilities, the Town shall be entitled to access Dannels
Fire Station without providing the 24-hour notice provided in Section 2.a. above. The
Town shall endeavor to provide as much notice as possible to the Fire District prior to
accessing Dannels Fire Station for an emergency situation.
Exhibit A
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3. The Town may maintain, repair, replace, extend, and/or remove the Communication
Facilities using third party contractors which shall be agents of the Town for the purposes
of this Intergovernmental Agreement. Any contract that the Town enters into for this
purpose will include language waiving liability to the District for any claims for payment
or performance thereof, and which provides that the third party has and will maintain
liability insurance coverage in an amount at least of the limits of the Colorado
Governmental Immunity Act.
4. The Town currently provides, through the Communication Facilities, phone service for
the Fire District’s phones. The Town shall continue to provide phone service to the Fire
District. The Town shall invoice the Fire District for the cost of providing said phone
service. Said cost shall be based upon the number of phone handle sets used by the Fire
District during the previous calendar year prorated based on the Town’s internal cost for
phone service. Currently, the Fire District has approximately twelve phone handle sets
and the annual billing has averaged between $100 to $130 per phone handle set per year.
The Fire District shall be responsible for all costs incurred by the Fire District for long
distance phone service.
5. In the event the Town removes all of the Communication Facilities from the Dannels Fire
Station and does not intend to replace the Communication Facilities, the Town agrees to
provide at least sixty (60) days’ notice to the District sufficient to install its own
communication facilities and to reasonably repair any damage to the Dannels Fire Station
caused by removing the Communication Facilities. The Parties agree that to the extent
possible, this Intergovernmental Agreement will remain in effect for the period of time
necessary to install the new District communications facilities, and then this
Intergovernmental Agreement shall terminate.
6. The term of this Intergovernmental Agreement shall coincide with the term of the Fire
District Licensing Agreement 17-LM-60-1901 with the United States of America unless
sooner terminated by mutual agreement of the Parties or pursuant to Section 5 above.
7. Severability. If any provision of this Intergovernmental Agreement, or the application of
such provision to any person, entity or circumstance, shall be held invalid, the remainder
of this Intergovernmental Agreement shall not be affected thereby.
8. Entire Agreement. This Intergovernmental Agreement shall not invalidate or otherwise
affect any other agreement presently in effect. This Intergovernmental Agreement
represents the entire agreement of the Parties and any amendment to this Intergovernmental
Agreement shall be in writing and executed by the Parties.
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9. Governing Law. It is expressly understood and agreed by and among the Parties that this
Intergovernmental Agreement is made in and shall be construed and interpreted in
accordance with the laws of the State of Colorado.
10. Assignment. This Intergovernmental Agreement shall not be assigned by either of the
Parties without the prior written consent of the other Party.
11. Relationship of Parties. The Parties enter into this Intergovernmental Agreement as
separate and independent governmental entities and each shall maintain such status
throughout the term of this agreement.
12. Effect of Agreement. This Intergovernmental Agreement is not intended to, nor should it
be construed to, affect or extend the legal responsibilities of either of the Parties; create or
modify any preexisting legal obligations, if any; or create for or extend any of the legal
rights of any person. This agreement shall not be construed as or deemed to be an
agreement for the benefit of any third party or parties, and no third party or parties shall
have any right of action hereunder for any cause whatsoever.
13. Counterparts. This Intergovernmental Agreement may be executed in any number of
original counterparts, all of which evidence only one agreement. The parties agree that
counterpart signatures of this Intergovernmental Agreement shall be acceptable and that
execution of this Intergovernmental Agreement in the same form by each party shall be
deemed to constitute full and final execution of this Intergovernmental Agreement.
14. Construction of Agreement. This Intergovernmental Agreement shall be construed
according to its fair meaning as if it was prepared by the Parties and shall be deemed to be
and contain the entire Agreement between the Parties. There shall be deemed to be no other
terms, conditions, promises, understandings, statements or representations, expressed or
implied, concerning this Intergovernmental Agreement, unless set forth in writing and
signed by the Parties.
15. Binding Effect. This Intergovernmental Agreement shall be binding upon and inure to the
benefit of the Parties and their respective successors and permitted assigns.
16. Governmental Immunity Act. No term or condition of this Intergovernmental Agreement
shall be construed or interpreted as a waiver, express or implied, by either of the Parties of
any of the notices, requirements, immunities, rights, benefits, protections, limitations of
liability, and other provisions of the Colorado Governmental Immunity Act, C.R.S. § 24-
10-101 et seq. and under any other applicable law
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17. Notices. Any notice under this Intergovernmental Agreement to a party shall be effective
upon receipt at the addresses set forth below.
Town of Estes Park: Town of Estes Park
Attn: Town Administrator
P O Box 1200
Estes Park, CO 80517
Estes Valley Fire Protection District: Estes Valley Fire Protection District
Attn: Fire Chief
901 North Saint Vrain Avenue
Estes Park, CO 80517
[SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this Intergovernmental Agreement
the day and year first above written.
TOWN OF ESTES PARK
By:_____________________________
ATTEST:
By:_____________________________
Town Clerk
ESTES VALLEY FIRE PROTECTION DISTRICT
By: __
Fire Chief
ATTEST:
By: _____________________________
Secretary
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EXHIBIT A
(to IGA)
DEED AND BILL OF SALE
THIS DEED AND BILL OF SALE dated this day of ________, 2020,
between the Town of Estes Park, a municipal corporation and political subdivision of
the State of Colorado (“Grantor”) and the Estes Valley Fire Protection District, a quasi-
municipal corporation and political subdivision of the State of Colorado (“Grantee”):
WITNESSETH, that the Grantor, for and in consideration of the sum of One
Dollar ($1.00), and other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, has remised, released, sold and quitclaimed, and by these
presents does remise, release, sell and quitclaim unto the Grantee, its successors and
assigns, forever, all the right, title, interest, claim and demand which the Grantor has in
and to the improvements, situate, lying and being in the County of Larimer and State of
Colorado, described as follows:
That certain Fire Station known as the “Dannels Fire Station,” including the
fire station building, parking lot, landscaping and any and all related
appurtenances, located on 2.13 acres of Reclamation land in Estes Park
Colorado, and more particularly described as the fire station located
adjacent to Lake Estes and Estes Park Powerplant in the East Half of
Northwest Quarter Section 30, Township 5 North, Range 72 West, 6th P.M.,
Larimer County, Colorado, subject to Bureau of Reclamation License No.
17-LM-60-1901 (“License”), as depicted in Exhibit A attached hereto and
incorporated herein by this reference (also depicted in Exhibit B to the
License), except for the communication equipment of the Town located
within Dannels Fire Station as more fully set forth on Exhibit B attached
hereto and incorporated herein by this reference, which will remain the
exclusive property of the Town.
The fire station building, parking lot, landscaping, and any and all related
appurtenances are transferred from Grantor to Grantee “AS IS”.
TO HAVE AND TO HOLD the same, together with all and singular the
appurtenances and privileges thereunto belonging or in anywise thereunto appertaining,
and all the estate, right, title, interest and claim whatsoever, of the Grantor, either in law
or equity, to the only proper use, benefit and behoof of the Grantee and its successors and
assigns forever.
IN WITNESS WHEREOF, the Grantor has executed this Deed and Bill of Sale on
the date set forth above.
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GRANTOR:
By:
Title:
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
_________, 2020, by as of
.
Witness my hand and official seal.
My commission expires:
Notary Public
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ACCEPTANCE
The Estes Valley Fire Protection District hereby accepts the real and personal
property improvements conveyed herein, along with the License to operate the
improvements, as in conformance with the District’s Rules and Regulations and
associated standards this day of __________, 2020.
By:
Name:
Title:
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EXHIBIT A
(to Deed and Bill of Sale)
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EXHIBIT B
(to Deed and Bill of Sale)
Communication Facilities:
Rack
Switch – Town fiber
PBX Phone Equipment
Battery
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EXHIBIT B
(to IGA)
Communication Facilities:
Rack
Switch – Town fiber
PBX Phone Equipment
Battery