HomeMy WebLinkAbout24-88 Approving First Amendment to IGA between the Town and The Springs South Metro Dist. 09-25-2024RESOLUTION NO.24-88
A RESOLUTION OF THE BOARD OF TRUSTEES OF THE TOWN OF
FIRESTONE, COLORADO, APPROVING A FIRST AMENDMENT TO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF
FIRESTONE AND THE SPRINGS SOUTH METROPOLITAN DISTRICT
WHEREAS, the Town or Firestone ("Town") approved the Springs South Metropolitan
District's ("District") Amended and Restated Service Plan on August 24, 2022 (the "Service
Plan"); and
WHEREAS, pursuant to Section V.A.10. of the Service Plan, the District is authorized to
exercise and use the power of eminent domain if provided pursuant to an intergovernmental
agreement with the Town; and
WHEREAS, in connection with approval of the Service Plan, the Parties entered into an
Intergovernmental Agreement on August 24, 2022 (the "Original IGA"); and
WHEREAS, the Parties wish to amend the Original IGA to expressly authorize the District
to exercise and use the power of eminent domain.
WHEREAS, the Board of Trustees finds that it is in the best interests of the public health,
safety, and welfare to amend the Original IGA.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF
THE TOWN OF FIRESTONE, COLORADO:
The Board of Trustees hereby: (a) approves the First Amendment to IGA in substantially
the same form as the copy attached hereto as Exhibit A; and (b) authorizes the Mayor to execute
the amendment on behalf of the Town.
INTRODUCED, READ AND ADOPTED this 25's day of September, 2024.
ATTEST:
is na onzalez, Town Clerk
APPR VED AS FORM:
OVIA
X1Wil iam?. fl—ayasgWown Attorney
SEAL
FIRST AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE TOWN OF FIRESTONE, COLORADO AND THE SPRINGS SOUTH
METROPOLITAN DISTRICT
THIS FIRST AMENDMENT (this "Amendment") is made and entered into as of this
25`h day of September 2024, by and between the TOWN OF FIRESTONE, a statutory town
organized and existing under the laws of the State of Colorado ("Town"), and THE SPRINGS
SOUTH METROPOLITAN DISTRICT, quasi -municipal corporations and political subdivisions
of the State of Colorado (the "District"). The Town and District are collectively referred to as
the "Parties."
RECITALS
WHEREAS, the Town Board of Trustees of the Town or Firestone, Colorado approved
the District's Amended and Restated Service Plan on August 24, 2022 (the "Service Plan"); and
WHEREAS, pursuant to Section V.A.10. of the Service Plan, the District shall be
authorized to exercise and use the power of eminent domain if provided pursuant to an
intergovernmental agreement with the Town; and
WHEREAS, in connection with approval of the Service Plan, the Parties entered into an
Intergovernmental Agreement dated as of August 24, 2022 (the "Prior Agreement"), as
amended by this Amendment (the "Agreement"); and
WHEREAS, the Parties have determined it is in the best interests of their respective
taxpayers, residents and property owners to enter into this Amendment to amend the Prior
Agreement in order to authorize the District to exercise and use the power of eminent domain.
NOW, THEREFORE, in consideration of the covenants and mutual agreements herein
contained, and for other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the Parties hereto agree as follows:
COVENANTS AND AGREEMENTS
I. Addition of Section 17. The following provision shall be added as Section 17 of
the Agreement:
Eminent Domain. The District shall be authorized to utilize the power of eminent
domain with prior notice to the Town; however, the District shall not utilize the
power of eminent domain against Town -owned property or Town -leased property
without the prior written consent of the Town.
2. Effective Date. This Amendment shall be in full force and effect and be
legally binding upon final approval of the governing bodies of the Parties.
[Signature page follows]
100%8385DOC I I
IN WITNESS WHEREOF, this Amendment is executed by the Town and the District as
of the date first above written.
Atte;
LE
THE SPRINGS SOUTH METROPOLITAN
DISTRICT
0
Attest:
Un
Secretary
President
(00968385 ooC i �