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HomeMy WebLinkAbout1997-027-03/04/1997-AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING STO ♦V • f RESOLUTION 97-27 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING THE MAYOR TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY REGARDING STORMWATER MANAGEMENT MATTERS IN THE DRY CREEK AND WEST VINE STORM DRAINAGE BASINS WHEREAS, recent growth in the Fort Collins Urban Growth Area suggests that increased coordination and cooperation between the City of Fort Collins ("the City')and Larimer County("the County') may result in better management,problem resolution, design, construction,maintenance and joint financing of stormwater facilities in the Dry Creek and West Vines storm drainage basins; and WHEREAS, the City and the County desire to enter into an Intergovernmental Agreement in order to delineate the duties and responsibilities of each party with respect to such stormwater management activities; and WHEREAS, C.R.S. Section 29-1-203 authorizes the City and the County to cooperate and contract with one another to provide any function,service or facility lawfully authorized to each of them, which cooperation may include the sharing of costs and the incurring of debt; and WHEREAS, C.R.S. Section 30-20-402(1)(h) authorizes the County to enter into and perform contracts with the City for or concerning the planning,construction, lease or other acquisition,and the financing of stormwater facilities and the maintenance and operation thereof;and WHEREAS, Article H, Section 16 of the City Charter provides that the Council may enter into agreements with other governmental bodies for the performance of cooperative or joint activities; and WHEREAS,to delineate the respective responsibilities of the City and the County relating to the proposed cooperation concerning stormwater drainage management matters in the Dry Creek and West Vines storm drainage basins, City and County staff have jointly prepared the Intergovernmental Agreement for Stormwater Cooperation attached hereto as Exhibit"A",and incorporated herein by this reference("the IGA'); and WHEREAS, the Council of the City of Fort Collins has determined that it is in the best interest of the citizens of the City to enter into the IGA; and WHEREAS, the City's Water Utilities Board discussed the IGA at its February 20, 1997 meeting and passed a motion recommending favorable consideration of the IGA by the Council. NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS,that the Mayor be, and hereby is, authorized to enter into the IGA on behalf of the City. Passed and adopted at a regular meeting of the Council o Collins held thi day of March, A.D. 1997. Mayor ATTEST: City Clerk INTERGOVERNMENTAL AGREEMENT FOR STORMWATER COOPERATION (LARIMER COUNTY- CITY OF FORT COLLINS) THIS AGREEMENT is entered into this day of 199_, by and between THE BOARD OF COMMISSIONERS OF LARIMER COUNTY, COLORADO ("the County") and THE CITY OF FORT COLLINS, COLORADO, a municipal corporation ("the City„). WITNESSETH: WHEREAS, recent growth in the Fort Collins Urban Growth Area ("the UGA") suggests that increased coordination and cooperation between the City and County may result in better management, problem resolution, design, construction, maintenance and joint financing of stormwater facilities; and WHEREAS, the City has established and currently operates its own stormwater utility and its own stormwater utility enterprise (hereinafter referred to jointly as the "City Stormwater Utility Enterprise") to provide and finance stormwater services within the City; and WHEREAS, the County does not currently have a stormwater utility or a stormwater utility enterprise but is authorized to establish and operate them pursuant to C.R.S. §30-20-401 et seo. and §37-45.1-101 et sea., respectively; and WHEREAS, while the County does not currently have a stormwater utility or a stormwater utility enterprise, it has in the past, under Part 6 of Article 20 of Title 30 of the Colorado Revised Statutes, formed local improvement districts for the purpose of financing stormwater drainage flooding problems and improvements in certain unincorporated areas of Latimer County; and WHEREAS, a basin master plan has been adopted by the City and the County for the Dry Creek Basin titled "Dry Creek Drainageway Planning" dated January 1980 prepared by Gingery Associates, Inc.; and WHEREAS, a basin master plan has been adopted by the City and the County for the West Vine Basin titled "West Vine Drainage Basin Major Drainageway Plan"dated December 1980 prepared by Engineering Professionals, Inc.; and WHEREAS, recent engineering studies have demonstrated that constructing stormwater diversion facilities within the Dry Creek Basin to divert stormwater would reduce the threat of floods for approximately 1,000 acres in the Dry Creek Basin, which acres are located in northern portions of the UGA in unincorporated Larimer County and northeast Fort Collins, and WHEREAS, the approximately 1,000 acres is located in the Dry Creek Floodplain as designated in the Flood Insurance Study prepared by the Federal Emergency Management Agency for the County and the City, which Study is dated March 18, 1996, and WHEREAS, the elimination of such flood hazards, as well as the resulting relaxation of associated land use restrictions, would alleviate some of the financial hardships associated with developing those properties that are now located within the Dry Creek Basin; and WHEREAS, it appears that financing the construction of the needed stormwater diversion facilities for the Dry Creek Basin is best accomplished by the County forming a local improvement district under Part 6 of Article 20 of Title 30 of the Colorado Revised Statutes to include those properties located within the Dry Creek foodplain; and WHEREAS, recent engineering studies have also shown that improved stormwater drainage facilities are needed for the West Vine Basin (located in the northwest portion of the UGA) in order to remedy existing and to prevent future stormwater drainage and flooding problems; and WHEREAS, the City currently charges a stormwater basin fee as a condition of issuance of a building permit, or if no building permit is required, upon commencement of construction for new development on those properties located within the City within the West Vine Basin; and WHEREAS, the County currently charges a stormwater impact fee at the time building permits are issued for new development on those properties located in the unincorporated areas of the County within the West Vine Basin; and WHEREAS, it appears that the financing, construction, maintenance and operation of the needed stormwater facilities in the West Vine Basin and financing, maintenance and operation of the needed stormwater facilities in the Dry Creek Basin are best accomplished by the County forming its own stormwater utility and its own stormwater utility enterprise (hereinafter referred to jointly as the "County Stormwater Utility Enterprise")that would work cooperatively with the City Stormwater Utility Enterprise; and WHEREAS, not only will the County Stormwater Utility Enterprise be beneficial for the West Vine and Dry Creek Basins, but there are other stormwater basins in the County that are in need of improved stormwater drainage facilities which could be benefited by the formation of the County Stormwater Utility Enterprise; and - 2of14 - WHEREAS, construction, operation and maintenance of said additional stormwater facilities for the Dry Creek and West Vine Basins are necessary and beneficial to the public's health, safety and welfare; and WHEREAS, the City and the County desire to enter into this Intergovernmental Agreement in order to delineate the duties and responsibilities of each party with respect to the proposed stormwater improvements for the Dry Creek and West Vine Basins; and WHEREAS, C.R.S. §29-1-203 authorizes the City and the County to cooperate and contract with one another to provide any function, service or facility lawfully authorized to each of them, which cooperation may include the sharing of costs and the incurring of debt, and WHEREAS, C.R.S. $30-20-402(1)(h) authorizes the County to enter into and perform contracts with the City for or concerning the planning, construction, lease or other acquisition and the financing of stormwater facilities and the maintenance and operation thereof. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereto agree as follows: 1. Description of the Da Creek Basin Stormwater Proiect. The contemplated improvements under this Agreement for the Dry Creek Basin may include, without limitation, the following: open channel, irrigation canal overflow or spill structure; diversion or confinement berms; utility relocations; road and railroad crossing structures, water quality enhancement features; and landscaping of the disturbed area ("the Dry Creek Project"). 2. Description of the West Vine Basin Stormwater Project. The contemplated improvements under this Agreement for the West Vine Basin may include, without limitation, the following:detention or retention areas, swales,channels;bridges; ditch and road crossings; water quality enhancement features, and landscaping of disturbed areas ("the West Vine Project"). 3. The Coun , 's Responsibilities. The County shall have the responsibility to do the following: A. Take all steps necessary to consider the establishment of a local improvement district, as authorized in Part 6 of Article 20 of Title 30 of the Colorado Revised Statutes,for the purpose of implementing and completing the Dry Creek Project. - 3of14 - B. If the local improvement district for the Dry Creek Project is so created, take all steps necessary to hold an election to seek voter approval to incur the bonded indebtedness payable from special assessments necessary to finance the Dry Creek Project. C. Take all steps necessary to establish the County Stormwater Utility Enterprise as authorized by C.R.S. §30-20-401 et seo. and §37-45.1-101 et sea. for the purpose of implementing, completing, operating, maintaining and financing the West Vine Project if it is determined that the formation of the County Stormwater Utility Enterprise is desirable after holding such public meetings as the County shall determine appropriate. D. Take all steps necessary to establish the County Stormwater Utility Enterprise as authorized by C.R.S. §30-20-401 et seo. and §37-45.1-101 et seo. for the purpose of operating, maintaining and financing the Dry Creek Project if it is determined that the formation of the County Stormwater Utility Enterprise is desirable after holding such public meetings as the County shall determine appropriate- E. Adopt a revised Master Plan for the West Vine Basin and authorize the collection of stormwater utility fees by the County Stormwater Utility Enterprise to fund the County Stormwater Utility Enterprise's share of the costs of construction of the West Vine Project and to fund the County Stormwater Utility Enterprise's share of the costs to maintain and operate the stormwater improvements so constructed in the West Vine Project. Such fees shall be collected for the County Stormwater Utility Enterprise by the City pursuant to paragraph 4.A., and the City shall retain from such fees its reasonable costs in collecting such fees. The specific collection services to be provided by the City and the City's specific costs associated with providing such services must be agreed to by the parties before the City begins providing such services. F. Since the City Stormwater Utility Enterprise will be maintaining and operating, in accordance with paragraph 4.H., the stormwater improvements of the West Vine Project that will be located in unincorporated Latimer County, as well as the stormwater facilities of the West Vine Basin that are now located in unincorporated Latimer County, the County Stormwater Utility Enterprise shall pay to the City Stormwater Utility Enterprise the County Stormwater Utility Enterprise's share of the costs and expenses to so maintain and operate such improvements and facilities pursuant to the formula set forth in paragraph 4.H. - 4of14 - G. Since the City Stormwater Utility Enterprise will be maintaining and operating, in accordance with paragraph 4.G., the stormwater improvements of the Dry Creek Project that will be located in unincorporated Latimer County, the County Stormwater Utility Enterprise shall pay to the City Stormwater Utility Enterprise the County Stormwater Utility Enterprise's share of the costs and expenses to so maintain and operate such improvements pursuant to the formula set forth in paragraph 4.G. H. Since the City Stormwater Utility Enterprise will be designing and constructing the West Vine Project stormwater improvements in accordance with paragraph 4.D., and purchasing or condemning interests in real estate necessary for such construction in accordance with paragraph 4.F., the County Stormwater Utility Enterprise shall pay to the City Stormwater Utility Enterprise the County Stormwater Utility Enterprise's share of such design, construction,purchase and condemnation costs pursuant to the formula set forth in paragraph 4.D. L Provide, or contract for, all preliminary and final engineering services necessary for the design and construction of the Dry Creek Project improvements. J. Negotiate and purchase, or condemn, all interests in real property needed for the Dry Creek Project. K. Take all steps and perform all functions necessary to contract for the construction of the improvements for the Dry Creek Project. L. Review and have the right to approve or disapprove all preliminary and final engineering studies prepared by the City for the West Vine Project. 4. The City's Responsibilities. The City shall have the responsibility to do the following. A. As part of its regular collection of water and sewer utility fees from those customers located in the unincorporated areas of Latimer County in the West Vine Basin, the City shall collect the stormwater utility fees of the County from such customers for the construction, maintenance and operation of the stormwater improvements of the West Vine Project and for the maintenance and operation of stormwater facilities now existing in this area. The City shall remit such fees actually collected to the County on a monthly basis less the City's reasonable collection costs as provided for in paragraph 3.E. The City shall also provide, on a monthly basis, a statement of all County stormwater utility fees charged, the City's collection costs and all unpaid County stormwater utility - 5of14 - fees. The format of such statement shall be agreed upon by the parties before the City provides such collection services. B. Review and have the right to approve or disapprove all preliminary and final engineering studies prepared by the County for the Dry Creek Project. C. Provide, or contract for, all preliminary and final engineering services necessary for the design and construction of the West Vine Project improvements. D. Take all steps and perform all functions necessary to contract for the design and construction of the improvements of the West Vine Project. However, the County Stormwater Utility Enterprise shall reimburse the City for a percentage of the costs of such design and construction, which percentage shall be calculated by dividing the amount of stormwater utility capital improvement fees charged by the County for the West Vine Project and the amount of stormwater impact fees (or basin fees) collected by the County for the West Vine Project by the total amount of stormwater utility capital improvement fees charged and the total amount of stormwater impact fees and/or basin fees collected by both parties for the West Vine Project. Pursuant to paragraph 7.D., each party is to apply the same rate structure in charging stormwater utility capital improvement fees and stormwater impact fees and/or basin fees. Example: County Stormwater City Stormwater Utility Enterprise Utility Enterprise TOTAL Stormwater utility capital improvement fees $10,000 $25,000 $35,000 actually charged Stormwater impact fees or basin fee 5 000 $20.000 25 000 actually collected TOTAL $15,000 $45,000 $60,000 • County Stormwater Utility Enterprise percentage share of costs: 15,000 = 60,000 = 25% City Stormwater Utility Enterprise percentage share of costs: 45,000 + 60,000 = 75% - 6of14 - E. Sequence the design and construction of the improvements in the West Vine Project in such a way as to achieve an equitable balance of benefits to the area located within the unincorporated area of the County and the area located within the City, taking into account the revenues generated from the unincorporated area of the County relative to the revenues generated from the area located in the City, the level of risk to property owners, the potential to integrate with other projects, the current level of maintenance costs, the resolution of flooding problems while preventing future or more severe problems from arising, the availability of funds, the number of complaints from a particular problem area, the complexity of an improvement project and the risk of damage to public resources. F. Negotiate and purchase, or condemn, all interests in real property needed for the construction of the improvements of the West Vine Project. However, the County Stormwater Utility Enterprise shall reimburse the City for a percentage of its costs in accordance with the formula set forth in paragraph 4.D. In the event that any interest in real property needed for the construction of the improvements of the West Vine Project is located outside the City and the City is without legal authority to condemn such property, the City may request the County to use the County's condemnation power to acquire it. In the event the County decides to so exercise its power of condemnation to acquire the needed property, the City Stormwater Utility Enterprise shall reimburse the County for a percentage of the County's costs in accordance with the formula set forth in paragraph 4.D. G. Provide for all maintenance and operation of the improvements of the Dry Creek Project. However, the County Stormwater Utility Enterprise shall reimburse the City for a percentage of the costs of all such maintenance and operation of the Dry Creek Project improvements, which percentage shall be calculated by dividing the amount of stormwater utility operation and maintenance fees charged by the County for the Dry Creek Project by the total amount of stormwater utility operation and maintenance fees charged by both parties for the Dry Creek Project. H. Provide for all maintenance and operation of the improvements of the West Vine Project. However, the County Stormwater Utility Enterprise shall reimburse the City for a percentage of the costs of all such maintenance and operation of the West Vine Project improvements, which percentage shall be calculated by dividing the amount of stormwater utility operation and maintenance fees charged by the County for the West Vine Project by the total amount of - 7of14 - stormwater utility operation and maintenance fees charged by both parties for the West Vine Project. S. Project Engineer. The City Stormwater Utility Enterprise and County Stormwater Utility Enterprise agree to each be responsible for one-half(%) of the County's costs to hire an employee as a project engineer to work exclusively on the Dry Creek and the West Vine Projects. These costs shall include the project engineer's salary, all other employee benefits customarily provided by the County to such an employee, and the County's direct overhead expenses, including but not limited to, rental or building expense, utilities, equipment, supplies, training, auditing and accounting expenses, to so employ the project engineer. The project engineer shall maintain his or her office in the Latimer County Engineering Department. The County shall require the project engineer to keep records of the engineer's time spent on each of the Projects. The City Stormwater Utility Enterprise shall reimburse the County Stormwater Utility Enterprise its one-half (%) share of the project engineer's salary, benefits and direct overhead expenses on a quarterly basis upon receipt of an itemized billing by the County. The duties of the project engineer shall include, without limitation, the following: A. Compile a detailed listing of all properties and property owners that will be located within the local improvement district established for the Dry Creek Project and that will be benefited by the West Vine Project, B. Create and implement a public education and outreach program for both Projects in order to provide information to affected property owners; and C. Prepare budgets, work schedules and perform such other responsibilities and duties necessary to implement and complete the Dry Creek and West Vine Projects. The project engineer position shall not continue beyond December 31, 1997, unless both parties agree to continue the position and enter into a written agreement setting forth how the costs are to be shared. 6. Timetable. The parties agree to exercise due diligence in performing their responsibilities under this Agreement. Provided, however, the parties agree that the project engineer shall be directed to prepare a work schedule setting forth the priorities and timetable for the commencement, implementation and completion of the Dry Creek and West Vine Projects. The City and the County must agree upon such work schedule on or before April 30, 1997. In the event the City and the County do not so agree, this Agreement shall be automatically terminated and both parties shall be released from all obligations hereunder. The parties agree that the timetable may be amended upon written agreement between the Manager of the City Stormwater Utility Enterprise and the County's Storm Drainage Engineer. - 8of14 - 7. Financial Administration. A. Dry Creek Proiect. The Dry Creek Project, which will be implemented through the use of a local improvement district, shall be financially administered by the County just as any other local improvement district would be administered. In the event the Dry Creek local improvement district for any reason fails to issue bonds for the Dry Creek Project, all out-of-pocket expenses incurred by the County, including but not limited to, legal, administrative, publication,printing, postage, advertising and preliminary engineering design costs shall be paid from the County's Special Improvement District Fund, and the City Stormwater Utility Enterprise shall reimburse the County for one-half(ii) of such expenses, less one-half (34) of any out-of-pocket costs the City Stormwater Utility Enterprise incurred directly in the start-up of the Dry Creek local improvement district. With regard to operation and maintenance, the Dry Creek Project shall be administered financially by the City just as it administers other drainage basins within the City of Fort Collins. However, the City shall submit an itemized billing to the County Stormwater Utility Enterprise on a quarterly basis for its share of maintenance and operation costs. Each party shall maintain a separate accounting for its share of the Dry Creek Project. Each party shall separately report its revenues, expenditures and share of constructed assets if appropriate. B. West Vine Project. The West Vine Project shall be administered financially by the City just as it administers other drainage basins within the City of Fort Collins. However, the City shall submit an itemized billing to the County Stormwater Utility Enterprise on a monthly basis for its share of construction expenses and on a quarterly basis for its share of maintenance and operation expenses. Each party shall maintain a separate accounting for its share of the West Vine Project. Each party shall separately report its revenue, expenditures and share of constructed assets, if appropriate. C. Report Review by County. The County Public Works Department shall be responsible for reviewing and approving fee collection and expenditure reports received from the City, preparing and collecting billings made to the City Stormwater Utility Enterprise and preparing and collecting billings made to property owners, except as otherwise set forth in this Agreement,provided, however that the costs associated with such activities shall be an expense of the County Stormwater Utility Enterprise. D. Stormwater Utili, Fees. The (i) stormwater utility capital improvement fees set by the City and County for the construction of improvements for the West Vine Drainage Basin, (1i) the stormwater impact fees set by the County and the stormwater basin fees set by the City for the construction of improvements for the West Vine Drainage Basin and (iii) the stormwater utility operation and maintenance fees set by the City and County for the operation and maintenance of the West Vine Drainage Basin improvements and the Dry Creek Drainage 9of14 - Basin improvements shall utilize the same rate structure, and the parties agree to confer and cooperate with one another to accomplish this. The County may choose to convert its stormwater impact fee to a stormwater basin fee. 8. Payment Obligation Limited to Stormwater Utility Fees. The County agrees to use its best efforts to establish stormwater utility fees in an amount sufficient to fund its own costs and to meet the obligations of the County Stormwater Utility Enterprise to reimburse the City for construction, operation and maintenance costs and to pay the City the costs to bill and collect the County stormwater utility fees. The parties agree, however, that the obligations of the County Stormwater Utility Enterprise hereunder are limited to the funds generated by County stormwater utility fees imposed for the respective Projects and stormwater impact fees for the West Vine Project after deducting the County's expenses relative to the County Stormwater Utility Enterprise; and shall not be payable from general funds of the County unless the County subsequently decides otherwise and may do so without unnecessarily jeopardizing the qualification of the County Stormwater Utility Enterprise as an enterprise. 9. Notice. Any notice or other communication given by any party hereto to the other party relating to this Agreement shall be hand-delivered or sent by certified mail, return receipt requested, addressed to the other party at their respective addresses as set forth below; and such notice or other communication shall be deemed given when so hand-delivered or three (3) days after so mailed. If to the City: With a copy to: Water Utilities General Manager City Attorney City of Fort Collins City Attorney's Office P.O. Box 580 300 LaPorte Avenue Fort Collins, CO 80522 P.O. Box 580 Fort Collins, CO 80522 If to the County: With a copy to: Rex Burns Marla Hehn Latimer County Latimer County Attorney's Office Storm Drainage Engineer 215 West Oak, 9th Floor P.O. Box 1190 P.O. Box 1606 Fort Collins, CO 80522 Fort Collins, CO 80522 10 of 14 - 10. Annexation and Conveyance of Stormwater Utility Improvements. A. West Vine Project. In the event that any parcel of real property currently located in unincorporated Lorimer County and in the West Vine Project Basin is annexed into the City, any stormwater utility improvements located on such property will become owned and taken over in every respect by the City upon annexation. B. Dry Creek Project. Upon completion of the construction of all stormwater utility improvements for the Dry Creek Project, all such improvements shall be conveyed to the City and will become owned and taken over in every respect by the City, except the County Stormwater Utility Enterprise shall remain obligated for its share of the operation and maintenance costs as set forth in paragraph 3.G. in order to carry out the intent of this Agreement. 11. Contingencies. A. In the event the local improvement district described in paragraph 3.A. is not established within the timetable established pursuant to paragraph 6, but the County Stormwater Utility Enterprise described in paragraph 3.C. is established within the timetable established pursuant to paragraph 6, the provisions of the Agreement relating to the Dry Creek Project shall terminate and the remainder of the Agreement as it relates to the West Vine Project shall remain in full force and effect. In the event the County Stormwater Utility Enterprise described in paragraph 3.C. is not established within the timetable established pursuant to paragraph 6, but the local improvement district described in paragraph 3.A. and the County Stormwater Utility Enterprise described in paragraph 3.1), are established and the bonded indebtedness described in paragraph 3.B. is approved within the timetable established pursuant to paragraph 6, the provisions of this Agreement relating to the West Vine Project shall terminate and the remainder of the Agreement as it relates to the Dry Creek Project shall remain in full force and effect. In the event the County Stormwater Utility Enterprise described in paragraph 3.C. and the local improvement district described in paragraph 3.A. are established and the bonded indebtedness described in paragraph 3.B. is approved within the timetable established pursuant to paragraph 6, but the County Stormwater Utility Enterprise described in paragraph 3.D. is not established within the timetable set forth in paragraph 6, the provisions of this Agreement as it relates to the West Vine Project shall remain in full force and effect, but the provisions of this Agreement relating to the Dry Creek Project may be terminated at the County's option. - 11 of 14 - In the event the local improvement district described in paragraph 3.A. is not established or the bonded indebtedness described in paragraph 3.B. is not approved and the County Stormwater Utility Enterprise described in paragraph 3.C. is not established within the timetable established pursuant to paragraph 6, this Agreement shall automatically terminate. B. The City agrees to consider adoption of an ordinance and/or to consider taking such other actions as may be required by law to consent to the construction of the Dry Creek Project stormwater improvements within the boundaries of the City, their inclusion in the proposed Dry Creek local improvement district and the inclusion in the proposed Dry Creek local improvement district of properties located within the boundaries of the City which are benefited by such improvements and the assessment of such properties by the County as required by C.R.S. §30-20-603(l)(a). In the event the City fails to adopt such an ordinance and/or take such other action as may be required by law within the timetable established pursuant to paragraph 6, the provisions of this Agreement relating to the Dry Creek Project shall terminate and the remainder of the Agreement as it relates to the West Vine Project shall remain in full force and effect. C. At the option of the party entitled to receive a payment hereunder, such payment may become the obligation of the City or the County rather than of their respective Stormwater Utility Enterprises. In such case, this Agreement is also hereby made expressly contingent upon the respective governing bodies of the County and City appropriating any funds necessary for the implementation and completion of the purposes of this Agreement. 12. Miscellaneous. A. This Agreement shall be binding upon and inure to the benefit of the parties hereto (including their respective Stormwater Utility Enterprises) and their respective successors and assigns. B. This Agreement is made in and shall be construed and interpreted in accordance with the laws of the State of Colorado. C. This Agreement shall not be assigned by either of the parties hereto without the prior written consent of the other party. D. The paragraph headings used herein are for convenience of reference and in no way shall define, limit or prescribe the scope or intent of any provision under this Agreement. E. This Agreement shall be construed according to its fair meaning and as if prepared by both parties hereto and shall be deemed to be and contain the entire - I2ofI4 - understanding and agreement between the parties with respect to the subject matter of this Agreement. There shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, either expressed or implied, concerning this Agreement unless as set forth in any subsequent writing signed by both of the parties hereto. F. The parties agree to cooperate in good faith in fulfilling the terms of this Agreement. The parties agree that they will attempt to resolve, by good faith negotiations before reverting to litigation, any disputes concerning the interpretation of this Agreement and any unforeseen questions and difficulties which may arise in implementing this Agreement. Notwithstanding the foregoing, the County shall be primarily responsible for resolving issues related to the Dry Creek Project and the City shall be primarily responsible for resolving issues related to the West Vine Project. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first above written. LARIMER COUNTY BOARD OF COUNTY COMMISSIONERS By: Chair ATTEST.• Deputy Clerk APPROVED AS TO FORM: vy\-'ktD K �J 2- 2S-17 Assistant County Attorney THE CITY OF FORT COLLINS, COLORADO, A Municipal Corporation By: Mayor ATTEST: City Clerk - 13of14 - APPROVED AS TO FORM.• Assistant City Attorney PAYMENT OBLIGATION ASSUMED. CITY OF FORT COLLINS, COLORADO STORMWA TER UTILITY ENTERPRISE By: President ATTEST. Secretary PAYMENT OBLIGATION ASSUMED: LARIMER COUNTY STORMWATER UTILITY ENTERPRISE By: President ATTEST• Secretary *The parties understand and agree that the payment obligation cannot be assumed until such time as the County has established its Stormwater Utility Enterprise. The assumption of payment obligation will be executed promptly after the County Stormwater Utility Enterprise is established, provided it is so established. 1 Lrvh Irounrylagreelrhnwfrd.agt - 14of14 -