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HomeMy WebLinkAbout2020-045-05/05/2020-AUTHORIZING THE CITY MANAGER TO SIGN INTERGOVERNMENTAL AGREEMENTS WITH METROPOLITAN DISTRICTS TO PROINTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT (this “Agreement”) is made and entered into by and between the City of Fort Collins, Colorado, a Colorado home rule municipality (the “City”), and ________________________ quasi-municipal corporations and political subdivisions of the State of Colorado (collectively, the “Districts”). The City and the Districts shall be collectively referred to as the “Parties.” RECITALS WHEREAS, the Districts were organized to provide those services and to exercise powers as are more specifically set forth in the Districts’ Service Plan dated __________, which may be amended from time to time as set forth therein (the “Service Plan”); and WHEREAS, the Service Plan requires the execution of an intergovernmental agreement between the City and the Districts to provide the City with contract remedies to enforce the requirements and limitations imposed on the Districts in the Service Plan; and WHEREAS, the City and the Districts have determined it to be in their best interests to enter into this Agreement as provided in the Service Plan. NOW, THEREFORE, for and 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 agree as follows: COVENANTS AND AGREEMENTS 1. Incorporation by Reference. The Service Plan is hereby incorporated in this Agreement by this reference. The Districts agree to comply with all provisions of the Service Plan, as it may be amended from time to time in accordance with the provisions thereof, and the provisions of Article 1 of Title 31 of the Colorado Revised Statutes (the "Special District Act"). Capitalized terms used herein not otherwise defined in this Agreement shall have the meanings, respectfully, specified in the Service Plan. 2. City Prior Approvals. The Districts shall obtain any prior City, City Manager or City Council approvals as required in the Service Plan before undertaking any action requiring such approval. 3. Enforcement. The Parties agree that this Agreement may be enforced at law or in equity, including actions seeking specific performance, mandamus, prohibitory or mandatory injunctive relief, or other appropriate relief. The Parties also agree that this Agreement may be enforced pursuant to C. R. S. Section 32-1-207 and other provisions of the Special District Act granting rights to municipalities or counties approving a service plan of a special district. 4. Amendment. This Agreement may be amended, modified, changed, or terminated in whole or in part only by a written agreement duly authorized and executed by the Parties hereto. EXHIBIT A 5. Governing Law; Venue. This Agreement shall be governed by and construed under the applicable laws of the State of Colo rado. Venue for any judicial action to interpret or enforce this Agreement shall be in Larimer County District Court of the Eigh th Judicial District for the State of Colorado. 6. Beneficiaries. Except as otherwise stated herein , this Agreement is intended to only describe the rights and responsibilities of and between the named Parties and is not intended to and shall not be deemed to confer any rights upon any other persons or entities not named as parties in this Agreement. 7. Effect of Invalidity. If any portion of this Agreement is held invalid or unenforceable for any reason by a court of competent jurisdiction as to any or all the Parties , such portion shall be deemed severable and its invalidity or its unenforceability shall not cause the entire Agreement to be terminated. 8. Assignability. Neither the City nor the Districts shall assign their rights or delegate their duties hereunder without the prior written consent of the other Parties. Any assignment of rights or delegation of duties without such prior written consent shall be deemed null and void and of no effect. Notwithstanding the foregoing , the City and the Districts may enter into contracts or other agreements with third parties to perform any of their respective duties required under this Agreement. 9. Successors and Assigns. This Agreement and the rights and obligations created hereby shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. __________ METROPOLITAN DISTRICT NO. ____ By: ________________________________________ President ATTEST: ____________________ CITY OF FORT COLLINS, COLORADO By: __________________________________________ Darin A. Atteberry, City Manager ATTEST: ___________________________ City Clerk