HomeMy WebLinkAboutresolution.council.084-19 RESOLUTION #84
(Series of 2019)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING AN AMENDED INTERGOVERNMENTAL
AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF
COUNTY COMMISSIONERS OF PITKIN COUNTY REGARDING THE
DESIGN AND CONSTRUCTION OF THE CASTLE CREEK TRAIL.
WHEREAS, there has been submitted to the City Council an Amended
Intergovernmental Agreement for the Design and Construction of the Castle Creek
Trail between the City of Aspen and the Board of County Commissioners of Pitkin
County, a true and accurate copy of which is attached hereto as Exhibit "A";
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF ASPEN, COLORADO,
That the City Council of the City of Aspen hereby approves the Amended
Intergovernmental Agreement for the Design and Construction of the Castle
Creek Trail between the City of Aspen and the Board of County
Commissioners of Pitkin County, a copy of which is annexed hereto and
incorporated herein and does hereby authorize the Mayor and City Manager
to execute said agreement on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 22nd day of July 2019.
Torre, Mayor
I, Linda Manning, 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 July 22, 2019.
Linda Manning, ity Clerk
AMENDMENT TO
INTERGOVERNMENTAL AGREEMENT
CASTLE CREEK TRAIL FINAL DESIGN AND CONSTRUCTION
THIS AMENDMENT TO INTERGOVERNMENTAL AGREEMENT (the
"Amendment") is made this day of , 2019 by and between the
Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East
Main Street, Suite 302, Aspen, Colorado 81611 ("County") and the City of Aspen
("City"), whose address is 130 South Galena Street, Aspen, Colorado 81611. The County
and City are sometimes collectively referred to as the "Governments."
RECITALS
1. The Intergovernmental Agreement was entered into pursuant to, inter alia,
C.R.S. §29-1-201, et seg. and Article XIV, Section 18 of the Colorado Constitution on or
about May 20, 2019. Pursuant to paragraph 4 of the Intergovernmental Agreement the
Agreement can be amended upon the approval of respective Boards of the Governments
and signed by authorized officers of each party.
2. The Governments are duly constituted governmental entities, governed by
Boards or Councils elected by qualified electors of the County and City mentioned above,
both of which are located in Colorado.
3. The purpose of this Amendment is to modify the City's contribution to the
funding of the final design and construction of the Castle Creek Trail.
4. The City has previously authorized expenditures of $875,000 from their
parks and open space funds. This Amendment increases the City's expenditures by
$234,000 to a total not to exceed $1,109,000.
5. The Governments are authorized to enter into this Amendment and have
determined it is in the best interests of the citizens of Pitkin County and the City of Aspen
to enter into this Agreement.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements of the parties and other good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Paragraph 1., of the Intergovernmental Agreement is hereby amended to read as
follows.
I. The County shall manage the project and the contracts for the
design and construction of the Castle Creek Trail. The City shall
reimburse the County for the cost of the portion of the trail within City
limits, total not to exceed $1,109,000.
2. All other provisions of the Intergovernmental Agreement shall remain in full force
and effect.
3. This Amendment may be executed in counterparts, the sum of which shall
constitute the whole of this Amendment.
BOARD OF COUNTY COMMISSIONERS, ATTEST:
PITKIN COUNTY, COLORADO
By:
Greg Poschman, Chair Jeanette Jones, Deputy Clerk
John Ely, County Attorney Jon Peacock, County Manager
CITY OF ASPEN ATTEST:
By:
Torre, Mayor ffinda Manning, City Clerk
James R. True, City Attorney Sara Ott, City Manager
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