01-26-2016 Third Amendment IGA for Joint Fire-Police Facilty ERFPDTHIRD AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
FOR A JOINT FIRE- POLICE STATION FACILITY
BETWEEN THE TOWN OF AVON AND
THE EAGLE RIVER FIRE PROTECTION DISTRICT
THIS THIRD AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT
( "Third Amendment") is made and entered into on January 26, 2016, ( "Effective Date ") by the
Town of Avon, a home rule municipal corporation of the State of Colorado ( "Avon ") and the
Eagle River Fire Protection District, a quasi - municipal corporation and political subdivision of
the State of Colorado organized under Title 32 of the Colorado Revised Statutes ( "Fire
District ") (collectively, the "Parties," and each individually a "Party ").
RECITALS
WHEREAS, the Parties have entered into an Intergovernmental Agreement for a Joint Fire -
Police Station Facility Between the Town of Avon and the Eagle River Fire Protection District
( "IGA "), dated April 28, 2015; and the Parties have entered into a MEMORANDUM OF
AGREEMENT REGARDING COST SHARING FOR PROGRAMMING, DESIGN AND PRE -
CONSTRUCTION MANAGEMENT OF A JOINT FIRE- POLICE STATION FACILITY
BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE PROTECTION
DISTRICT dated June 9, 2015 ( "MOA "); and the Parties have entered into a SECOND
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT FOR A JOINT FIRE- POLICE
STATION FACILITY BETWEEN THE TOWN OF AVON AND THE EAGLE RIVER FIRE
PROTECTION DISTRICT, dated January 11, 2015 ( "2nd Amendment to IGA "); and,
WHEREAS, the Fire District has submitted a written request to Avon dated January 15, 2016,
requesting, among other matters, Avon to reduce the cost of the fire station portion of the joint
fire- police station facility project by waiving any sales tax imposed and collected by Avon; and,
WHEREAS, Avon desires to accommodate the request of the Fire District to reduce the cost of
the regional fire station by reducing the cost of Avon's sales tax but has determined that a rebate
of any sales tax collected by Avon will be the most appopriate method for legal and accounting
purposes; and,
WHEREAS, Paragraph 14 provides that Parties may amend the IGA; and,
WHEREAS, this Third Amendment is authorized pursuant to §29 -1 -201 and §30 -11 -101,
Colorado Revised Statutes, as amended, and Article XIV, Section 18, of the Colorado
Constitution.
NOW THEREFORE, in consideration of the covenants and mutual agreements contained
herein, and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by the Parties, the Parties hereto agree as follows:
1. Effective Date. This Third Amendment shall commence on the Effective Date.
ERFPD -Avon Third Amendment
January 26, 2016
Page 1 of 3
2. Rebate of Sales Tax. Avon agrees to rebate any sales tax collected on construction
materials or tangible personal property purchased for and used in the construction of the regional
fire station facility on Lot IB, Buckcreek Subdivision, Town of Avon, CO, subject to the
following conditions:
a. The Fire District voters approve a ballot question for financing the construction of the
regional fire station facility on Lot 113, Buckcreek subdivision, Avon, CO on May 3, 2016;
b. The Avon voters approve a ballot question for financing the construction of a police
station on Lot IB, Buckcreek subdvision, Avon, CO on May 3, 2016;
C. The Fire District shall submit receipts to Avon indicating the constructional materials
and tangible personal property purchased and the sales tax paid to Avon and Avon shall
rebate to the Fire District the sales taxes paid to Avon as evidenced by the receipts received a
monthly basis within thirty (30) days of the end of the preceding month;
d. Avon's obligation to rebate sales taxes in this Third Amendment shall expire and
terminate on December 31, 2017; and,
e. Avon's obligation to rebate sales taxes in this Third Amendment shall be subject to
annual budget and appropriation.
3. Other Terms in Full Force and Effect. All other terms in the IGA, as amended by the
MOU and the Second Amendment, shall remain in full force and effect.
EXECUTED as of the date first written above.
TOWN OF AVON, COLORADO
B�..
Jeri@WF'ancher, Mayor
AS TO FORM:
c
t�
Eric J. , Esq., Av Town Attorney
ERPPD -Avon Third Amendment
January 26, 2616
Page 2 of 3
ATTEST:
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�'I X --rr' -
Debbie Hoppe:
2. Rebate of Sales Tax. Avon agrees to rebate any sales tax collected on construction
materials or tangible personal property purchased for and used in the construction of the regional
fire station facility on Lot 113, Buckcreek Subdivision, Town of Avon, CO, subject to the
following conditions:
a. The Fire District voters approve a ballot question for financing the construction of the
regional fire station facility on Lot 113, Buckcreek subdivision, Avon, CO on May 3, 2016;
b. The Avon voters approve a ballot question for financing the construction of a police
station on Lot 113, Buckcreek subdvision, Avon, CO on May 3, 2016;
C. The Fire District shall submit receipts to Avon indicating the constructional materials
and tangible personal property purchased and the sales tax paid to Avon and Avon shall
rebate to the Fire District the sales taxes paid to Avon as evidenced by the receipts received a
monthly basis within thirty (30) days of the end of the preceding month;
d. Avon's obligation to rebate sales taxes in this Third Amendment shall expire and
terminate on December 31, 2017; and,
e. Avon's obligation to rebate sales taxes in this Third Amendment shall be subject to
annual budget and appropriation.
3. Other Terms in Full Force and Effect. All other terms in the IGA, as amended by the
MOU and the Second Amendment, shall remain in full force and effect.
EXECUTED as of the date first written above.
TOWN OF AVON, COLORADO
ATTEST:
n�"M� I�Vwo
Jenny ancher, Mayor Debbie Hoppe: ToN n Clerk
APPROVED AS TO FORM:
Eric J. Heil, Esq., Avon Town Attorney
ERFPD -Avon Third Amendment
January 26, 2016
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EXECUTED as of the date first written above.
EAGLE RIVER FIRE PROTECTION DISTRICT
I:
ATTEST:
(ennifer Cartmell Hays, C airperson ark Shivley, Secretary
APPROVED AS TO FORM:
J_a;
Ja es P. Collins, Esq.
ERFPD -Avon Third Amendment
January 26, 2016
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