HomeMy WebLinkAboutresolution.council.014-24RESOLUTION #014
(Series of 2024)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A CONSTRUCTION PAYMENT AGREEMENT
BETWEEN THE CITY OF ASPEN AND THE FARM COLLABORATIVE.
AUTHORIZING THE CITY MANAGER TO EXECUTE SAID AGREEMENT
ON BEHALF OF THE CITY OF ASPEN, COLORADO0
WHEREAS, there has been submitted to the City Council a construction
payment agreement for the construction of a wastewater system between the City
of Aspen and the Farm Collaborative, 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 a construction
payment agreement for the construction of a wastewater system, between the City
of Aspen and the Farm Collaborative, a copy of which is annexed hereto and
incorporated herein and does hereby authorize the City Manager to execute said
contract on behalf of the City of Aspen.
INTRODUCED, READ AND ADOPTED by the City Council of the City of
Aspen on the 23rd day of January 2024.
Torre, Mayor
I, Nicole Henning, 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, January 23rd, 2024.
Nicole Hennin�, City Clerk
DocuSign Envelope ID: F78362B2-A9BF-44AA-A7EC-5460601FE396
C"NSTRUCTiON PAYMENT AGTtEEMENT
THIS AGREEMENT is made and entered into this 4:::Y� day of November, 2023,
by and between the Farm Collaborative of Aspen, Colorado (hereinafter referred to as "Lessee"),
and the City of Aspen, Colorado (hereinafter referred to as "City")
WITNESSIT1-I;
WHEREAS, the Lessee, leases 14.23 acres fiom the City of Aspen through art agreement
established in 2018, herein referred to as the "Lease", as more fully described in Exhibit A and
attached hereto and incorporated by this reference; and,
WHEREAS, the Fac•111 Collaborative Lea;•cling Center development leas been reviewed and
is supported by dic City of Aspen Open Space and Trails Board and,
WHEREAS, the Farm Collaborative was granted approval for a development permit by the
Board of County Commissioners in Resolution ##26 of 2021 and,
WI-IEIZEAS, the Farm Coll-aborative was granted a Building Permit (BLI�Cr,2f�2�.2021)
and an Earth Moving permit (0010.2022.PERT) by Piticin County,
`JVHEREAS, the Lessee wishes to construct a wastewater system necessary for the future
Learning Center on their leased property as depicted in Exhibit B and,
WHEREAS, the Lessee 11as asked the city for r•eic�abui•semellt of file Construction COSts for•
file wastewater system and t(le city reviewed and appropriated $735,000 for this expense via
Ordinance 7 of 2023.
NOW THEREFORE, IN CONSIDERATION of the pr•aniises and agreements set forth
below, and far other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, Owner and the City, agree as follows;
- 1. I Cansfv4ucfiovj of file Wasfewafer Sysfenr, T11e parties agree to cooperate in the
iclsfiallation, car�stt•tcction, and inspection, of the Fal•rn Collaborative learning center wastewater
system. The parties agree that all impacts to the site will be minimized during the construction and
installation of the wastewater system, This includes the use of appropriate BMP's during the
construction of the wastewater system. This also includes the minimization of all impacts to the
existing Circulation patterns on the Site and Notification of any impacts to access 72 haul's prior to
those impacts,
2. Reimbursement for Experrses, The City has agreed to pay far• the equipment,
cllater'ia1S, and construction of tl�e permitted Otlsite Waste Water System {OWTS) for the Farm
Collaborative Learning Center. Delivery of these payments are contingent on the review of all
Invoices directly related to the construction of the OWTS by the City of Aspen. In addition to the
invoices a summary must be provided by the contractor indicating percent completion of the
OWTS project and percent of material procurement to date,
DocuSign Envelope ID: F78362B2-A9BF-44AA-A7EC-5460601 FE396
Paynletats will be distributed ontme following schedule,
a. Upon receipt of a copy of the first invoice related to the construction of the
OWTS, $250,000,00 (approximately 1/3 of the total estimated cost of the system) will be
delivered to the Farm Collaborative. An invoice for this amount must be prepared and
delivered to the City of Aspen by the Farm Collaborative,
b. An additional $250,000.00 (tile second approximately 1/3 of the total cost) will
be delivered upon completion of 75% of the work. Note 75% completion Sllall be agreed
upon in Writing by the Farm Collaborative and the,City of Aspen.
c. The remaining balance will be delivered When the Pitkin County Environmental
Health Department has completed inspections of the installed OWTS system, approved the
installation, and officially closed the permit (POWT,2381.2021) signifying the systeill is
complete.
3, The Farm Collaborative is responsible for all pee�llitting and regulatory
requirements during the construction and obtaining a certificate of occupancy and shall provide
copies to the city,
4, Reinlburse�11e11t of expenses is limited to the installation of the otlsite wastewater
system and cannot be used for any. other portion of the building project,
5. The Fari11 Collaborative is responsible for all restol'ati011 work following the
installation of the system on the property. Restoration shall include the application of native
seeding, straw and the use of temporary irrigation for a minimum of 3 years,
6, The Farn1 Collaborative will be solely responsible for the lllaillteilallCe and upkeep
of the OWTTS SyStelll for the pet lod of the "ease.
. 7, ��zde>rn>«ifzcatio�t. It is the intention of the parties to make the land available to the
public for recreational purposes without charge, and to unlit the parties' liability to persons
entering thereon for such purposes, In the event that either or both of the parties might otherwise
be liable under applicable state statutes, City hereby agrees, to the extent permitted by law, to
indemnify and hold Owner harmless from and against claims or awards for loss, damage or any
liability including reasonable attorneys' fees and costs, which may result from City's acts or
oinissiozls covering and including, but not by way of limitation, installation, excavation, fill,
construction, maintenance, repair, replacement, public use or location of the trail or attendant
facilities, as subsequently determined by a court of Competent jurisdictioti. Nothing herein shall
constitute a waiver of City's rights under the Colorado Governmental Immunity Act, as provided
in Section 24-10-101, et sue,, C.M.
. 8. AttorYieys' Fels. 1f any action at law or in equity shall be brought to recover any
costs under this Agreement, or for or on account of any breach of, or to enforce or interpret any of
the covenants, terms, or conditions of this Agreement, the prevailing party shall be entitled to
recover from the other party as part of the prevailing party's costs reasonable attorneys' fee, the
DocuSign Envelope ID: F78362B2-A9BF-44AA-A7EC-5460601 FE396
ainumA of which shall be fixed by the court and shall be made a part of any judgment or decree
rendered. 0 '
9. Iliteirated Agreement, This Agreement may be changed or modified only in
Writing by ati agreement approved and signed by the parties. This Agreement constitutes the entire
Agreement between the parties and all other promises and agreements relating to .the subject of
this Agreement, whether oral or Written, are merged herein.
IN WITNESS WHEREOF, the parties hereto have executed the foregoing oti the day and
year above first given,
the Farm Collaboraila
Owner
By:
Eden Vardy
DocuSigned by:
City of As eti
By. spara G. ott
�7i�1��J>ttS:
Exhibit A —Aspen T•R,E,E, --Lease Agreement {Council Resolution 034.18)
Exliibit B — Approved OWI'S Plans