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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: nj�v �'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 Page 2 of 3 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 Page 3 of 3