02-02-2016 Fourth Amendment IGA for Joint Fire-Police Facility ERFPDATTACHMENT A
FOURTH AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
FOR A JOINT FIRE - POLICE STATION FACILITY
BETWEEN THE TOWN OF AVON AND
THE EAGLE RIVER FIRE PROTECTION DISTRICT
THIS FOURTH AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT
( "Fourth Amendment ") is made and entered into on February 2, 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 ( "2 "d Amendment to IGA "); and the Parties
have entered into a THIRD AMENDMENT TO INTERGOVERNMENTAL AGREEMENT
FOR A JOINT FIRE - POLICE STATION FACILITY BETWEEN THE TOWN OF AVON
AND THE EAGLE RIVER FIRE PROTECTION DISTRICT, dated February 9, 2016; and,
WHEREAS, the Fire District has submitted a written request to Avon dated January 15, 2016,
requesting, among other matters, Avon to waive water tap and building permit fees as may be
applicable to the joint fire - police station facility project in order to reduce the cost of the project;
and,
WHEREAS, the Fire District has agreed to waive its fire sprinkler permit fee, fire alarm permit
fee, and fire impact fee as may be applicable to the joint fire - police station facility project in
order to reduce the cost of the
WHEREAS, Avon desires to accommodate the request of the Fire District to reduce the cost of
the regional fire station by waiving the cost of Avon's building permit and planning review fees
as may be applicable to the joint fire - police station facility; 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.
ERFPD -Avon Fourth Amendment
February 2, 2016
Page 1 of 4
ATTACHMENT A
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 Fourth Amendment shall commence on the Effective Date.
2. Waiver of Fees. As summarized in Exhibit 1, Avon agrees to waive building permit
fees planning review fees in an amount not to exceed $ 93,209 and the Fire District agrees to
waive fire sprinkler fees, fire alarm fees and fire impact fees in an amount not to exceed
$13,604.4 related to the construction of the regional fire and police station facility on Lot 1B,
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 1B, 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; and,
C. The Fire District submit a complete building permit application by August 1, 2017,
that complies in all material respects with the Avon Municipal Code, including but not
limited to, Avon's building regulations as adopted in Title 15 of the Avon Municipal Code.
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
BY:
Je }rancher, Mayor
APPROVED AS TO -FORM:
Eric J. Heij Esq., Avon Town Attorney
ERFPD -Avon Fourth Amendment
February 2, 2016
Page 2 of 4
ATTEST:
LA/W
Debbie Hoppe: T .Clerk
ATTACHMENT A
EXECUTED as of the date first written above.
EAGLE RIVER FIRE PROTECTION DISTRICT
BY:
ATTEST:
J Vhairperson PC rqShivl�ey�,, Secret ry
APPROVED AS TO FORM:
P. Collins, Esq.
ERFPD -Avon Fourth Amendment
February 2, 2016
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ATTACHMENT A
EXHIBIT 1
Town of Avon Fees
Total Fee
Avon Portion
ERFPD Portion
Building Permit
$ 91,809
$ 41,314
$ 50,495
Planning Review Fee
$1,400
$ 630
$ 770
Total Avon Fees Waived
$ 93,209
$ 41,944
$ 51,265
ERFPD Fees
Fire Sprinkler Permit
$ 2,829
$1,316
$1,513
Fire Alarm Permit
$1,918
$ 892
$1,026
Fire Impact Fee
$ 8,857
$ 4,429
$ 4,429
Total ERFPD Fees Waived
$ 13,604
$ 6,637
$ 6,968
TOTAL WAIVED FEES
$106,813
$ 48,580
$ 58,233
ERFPD -Avon Fourth Amendment
February 2, 2016
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