The URL can be used to link to this page

Home My WebLink Aboutresolution.council.046-10RESOLUTION NO. Series of 2010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH PITKIN COUNTY FOR THE CONSTRUCTION FOR THE EAST OF ASPEN TRAIL II PROJECT. RECITALS •- ?," The City of'Aspen Qpen Space and Trails Boazd is chazged with the responsibility of '" 3cclujring~ail properties and constructing trails, and; 2. The City of Aspen Open Space and Trails Boazd has identified trails which connect communities to the existing valley wide trail network as beneficial and important to the people of the City of Aspen, and; 3. The City of Aspen is undertaking the construction of a trail ("East of Aspen Trail II"), connecting the City's sidewalk system just west of the Cooper Avenue highway bridge to Pitkin County's East of Aspen Trail adjacent to the river at Stillwater Drive, and; 4. The East of Aspen Trail II extends beyond the Aspen town boundary into Pitkin County, is located within State of Colorado right-of--way and crosses into property owned by the Stillwater Affordable HOA into a trail easement managed by Pitkin County, and; 5. The City of Aspen Open Space and Trails Boazd recommended the expenditure of $1,099,813 towards the construction of the East of Aspen Trail II, and the City of Aspen, City Council approved this amount in the 2010 Parks Department budget and; 6. The City of Aspen Open Space and Trails Board recommends that the City of Aspen authorize the Intergovennental Agreement attached hereto, outlining the funding and maintenance commitment for this East of Aspen Trail II project. NOW THEREFORE, BE IT ORDAINED, by the City Council of the City of Aspen, Colorado as follows: City Council approves the execution of the Intergovernmental Agreement with Pitkin County concerning the funding and maintenance of the East of Aspen Trail II, which: 1.) Authorizes the expenditure of up to $313,431 in County OST funds for the construction of the East of Aspen Trail II. 2.) Identifies the County as a funding partner in future structural repair or replacement projects for the trail, provided that the County has a dedicated Open Space and Trails fund or open space maintenance fund, and provided that the County has reviewed and approved the project. INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on the day of ~ 2010. ~ v Michael C. Ireland, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a true and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held on the day hereinabove stated. ,~/~~~ Kathryn S. Koch, City Clerk A±'~achment A INTERGOVERNMENTAL AGREEMENT For Pitkin County Funding of East of Aspen Trail II IS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this ~ ~_ day of 2010 by and between the Boazd of County Commissioners of Pitkin County Colorado, whose ddress is 530 East Main St., Aspen Colorado 81611 (the "County") and the City of Aspen, whose address is 130 South Galena Avenue, Aspen, Colorado 81611 (the "City). RECITALS 1. The County has adopted an Open Space and Trails Program pursuant to Article 13 of the Home Rule Charter under which funds are available for the construction of trails. 2. The City of Aspen also constructs and maintains a trail system. 3. The City desires to construct a trail from the City's sidewalk system west of the Cooper Avenue highway bridge to Pitkin County's East of Aspen Trail adjacent to the Roazing Fork River at Stillwater Drive. The estimated total project is cost is $1,099,813. 4. The East of Aspen Trail II will lie partly in each jurisdiction. L 5. The City sought the $313,431 in County assistance for funding of this trail construction, and this amount was appropriated by the County in the Open Space and Trails )dggt., ~7te ryola~ County expenditure for this project will be for project construction costs up to 13,¢~1.~J th" AGREEMENT NOW, THEREFORE, for in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: The City of Aspen will undertake all design and permitting for the East of Aspen Trail II project. Such design is subject to approval by the Pitkin County Open Space and Trails Department. The County will reimburse the City for the total project construction costs for the scope of work located outside of city limits up to $313,431, after review of related invoices and project cost accounting. 2. The City agrees to perform all routine maintenance, including sweeping the trail, keeping it free of obstacles, seasonal painting, signing, etc., upon completion. Pitkin County will be responsible for all direct costs associated with capital replacement and long term maintenance of the portion of trail located outside of City limits, including repaving and stmctural repair or replacement, provided that the County has a dedicated open space or open space maintenance fund. The City of Aspen will be responsible for all direct costs associated with capital replacement and long term maintenance of the portion of trail located inside of City limits, including repaving and structural repay or replacement, provided the City has a dedicated open space or open space maintenance fund. Any future Pitkin County or City of Aspen payment towards maintenance of the project is expressly contingent upon Pitkin County or City of Aspen approval of the project and budget, and review of related invoices and project cost accounting. 4. Public use of the trail will be governed by applicable law for the portion of the trail within each jurisdiction. The foregoing Agreement is approved by the Boazd of County Commissioners of Pitkin County, Colorado at its regulaz meeting held on the day of , 2010. The f~ oyegoing Agreement ' approved by the Aspen City Council at its regulaz meeting held on the day of~~,^^,p 2010. In witness whereof the parties hereto have caused this agreement to be executed as of the day and yeaz first written. BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY ATTEST: By: George Newman, Chair APPROVED AS TO FORM By Hilary Fletcher Smith, County Manager By: John Ely, Pitkin County Attorney ASPEN CITY CO CIL By: Michael C. Ireland, May City of Aspen APPRO D A TO/FORM //~J Steve Barwick, City Manager By: ~ Joh'~W~ r, ~ Attorney Jeanette Jones, Deputy Clerk ATTEST B [i' K, INTERGOVERNMENTAL AGREEMENT For Pitkin County Funding of East of Aspen Trail II HIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this d Y day of ~, 2010 by and between the Boazd of County Commissioners of Pitkin County Colorado, whose /address is 530 East Main St., Aspen Colorado 81611 (the "County") and the City of Aspen, whose address is 130 South Galena Avenue, Aspen, Colorado 81611 (the "City). RECITALS 1. The County has adopted an Open Space and Trails Program pursuant to Article 13 of the Home Rule Charter under which funds are available for the construction of trails. 2. The City of Aspen also constructs and maintains a trail system. 3. The City desires to construct a trail from the City's sidewalk system west of the Cooper Avenue highway bridge to Pitkin County's East of Aspen Trail adjacent to the Roaring Fork River at Stillwat r Drive. The estimated total project is cost is $1,099,813. 4. The East of Aspen Tra7 II will lie partly in each jurisdiction. 5. The City sought the $313,431 in County assistance for funding of this traikconstruction, and this amount was appropriated by the County in the Open Space and'frpilg Btget~ Th~`total County expenditure for this project will be for project construction costs u $ ,431. AGREEMENT NOW, THEREFORE, for in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as follows: 1. The City of Aspen will undertake all design and permitting for the East of Aspen Trail II project. Such design is subject to approval by the Pitkin County Open Space and Trails Department. The County will reimburse the City for the total project construction costs for the scope of work located outside of city limits up to $313,431, after review of related invoices and project cost accounting. 2. The City agrees to perform all routine maintenance, including sweeping the trail, keeping it free of obstacles, seasonal painting, signing, etc., upon completion. 3. Pitkin County will be responsible for all direct costs associated with capital replacement and long term maintenance of the portion of trail located outside of City limits, including repaving and structural repair or replacement, provided that the County has a dedicated open space or open space maintenance fund. The City of Aspen will be responsible for all direct costs associated with capital replacement and long term maintenance of the portion of trail located inside of City limits, including repaving and structural repair or replacement, provided the City has a dedicated open space or open space maintenance fund. Any future Pitkin County or City of Aspen payment towazds maintenance of the project is expressly contingent upon Pitkin County or City of Aspen approval of the project and budget, and review of related invoices and project cost accounting. 4. Public use of the trail will be governed by applicable law for the portion of the trail within each jurisdiction. The foregoing Agreement is approved bvrthe Board o~Co~y!~ Commissioners of Pitkin County, Colorado at its regular meeting held on the ~._ day of _ j~r/ir~l--. , 2010. The foregoing Agreeme ~s approved by the Aspen City Council at its regulaz meeting held on the ,~ ~ day o~-~r/ti.,~~ 2010. In witness whereof the parties hereto have caused this agreement to be executed as of the day and year first written. BOARD OF COUNTY COM ISSIONERS OF PI COUNTY By• , t~'t~~~ George Newman, hair APPROVED AS TO FORM By 1 Hilary Manager John Ely, ' i~ C Attorney A CITY CO IL By: Michael C. Ireland, Mayor City of Aspen APPR ED AS TO FORM By: lv~iµ..~ Steve Ba ick, City Manager By: J of este , i Attorney ATTEST By~ (~,, ~~L~..fIL~,~C' C ~~~ ~e~~y C~~