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Home My WebLink Aboutresolution.council.025-24RESOLUTION 4025 (Series of 2024) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN AGREEMENT BETWEEN THE CITY OF ASPEN AND BRETT MUFSON AUTHORIZING THE CITY MANAGER TO SIGN SAID AGREEMENT ON BEHALF OF THE CITY OF ASPEN, COLORADO. WHEREAS, there has been submitted to the City Council a donation agreement for the replacement of the Wagner Park playground, between the City of Aspen and Brett Mufson, 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 that Donation Agreement, between the City of Aspen and Brett Mufson, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the 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 13th day of February, 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, February 13, 2024. Nicole Her�iling, City Clerk DowSgn Emek pe ID'. AAIDFEAE-162G401 A-B397-A613EIOA738B AGI�C�Iti� TI-IIS DDNATItJN AGR�Ei��NT (.the "Agreemcnt") is made anal entered into this �� day of �n� Ct r , 2(12�, by and l�ettivecn Brut IVlufson, 1 S Placer Lane Aspen, Calarada S 1611 (hereinafter r erred to as "Donor"), and the City of Aspen, Colorado, a C'alorado home rule 1»unicipality (hereinafter referred to as "City"). f� A. T1�e donor desires to contribute funding towards the replacement of the Wagner Park playground structure. B. Tllc current playb�ratiiad structure is nearing the end of its useful life, and the City is interested in replacing the playground equipment with a new playground.. � � � i 111 � � � � D. The City wi11 also appropriate funding for expenses of the replacement of the playground structures subject to City Council approval, anticipated to be a matching amount of up to 25Q,004. E. The City desires to replace the structure wits a new structure that meets the communities needs for safe, aesthetic, and accessible play spaces for children between the. altos of 2 and 12 years old. F. Tl�e City and Donor recognize that by tivorking together Chore will be mutual benefits to the public. G. The City and Donor, upon execution of this agreement, will engage the services of planning consultants, playground manufacturers, land surveyors and engineers, to develop a plan to replace the playground structure. 1-i, The Donor shall be granted the option to install a small plaque adjacent to the playground that states "This playground was rifled by Brett and Alexa Mufson and family" or mutually agreed upon similar wording. 1Vt�'4'V, THEREFOR, IN C01elSIi)ERATION of the promises and agreements set forth below, Donor and the City, agree as follows: ' � � � 1 � � � D cuS(gn Emdnb ID'. AAIOFEA.E-182G4D1A.8397.A812E4DA7389 l , l`lae Parties ageirce thaat duriaaf the dcsi n phase of the project, on ar may of er suggestions or advice rcp,aarclin playground design car site conditions, howcver final site c si r� S � 1 Y �. a 1X b sand playground specifications g ill be dccidcd solely by thc Parks and Opcn Spacc staff with considc:r�ation all(] feedback from the general public and other staakcholdcrs, including spare City t"c�uncl, f lie l cinor a rcVs tea tlae fi llcf Nvira plan for payraaent to flee it07 4 0.000 within 30 days of executing the document, $50,000 90 days from the date of the first pa ,rilaent, 10 000 90 days font the date of the second payment, and remaining balance due at c0111pletion of the project t ( 100,00 ). This agreement is specif call conditioned upon the approval of the agreement by City Council and appropriation by the City Council of at least '150,000 matching funding for tlae pro ect, if the Agreement is not approved or the funds are clot appropriated w thin 0 days of the donors si mature, this Agreement shall be teirninatcd and any payments made by donor shall be returned. , Ltpc�aa eccutoca c�f`tlas a�rccaaacaat, flee 'ity tivill crcatt as nee# caapital project c�ith taanding authority from the Parks Fund of t�0,000 with offsetting revenue to the prca� ct v the onor. The Donor may, at his sole discretion, provide funding in exms of �p,000. Tic City shall not be rc uire�d to match such additional funding. , Tlae `'ity �a�ll act as project naana�,er for the projcc.t. The "its and donor arc�e fleet - l�scape Pla}� shall prcavide flee play round d .si; , fabrication, and installation services as there are significant savings provided by x)ntracting with Earthscape Flat due to their experience working in the valley on recent projects, grad that tlac Donor Is contribution provid si nifacant offsetting funding for the cost of this )ruject. The Donor does not have any financial ties to Earthscape Play, i. 'i`ty shall apple for arty and attain all pc ::.its necessary for flee construction identified herein relative to the replacement oftlae Playk-round, pot , l,..tpon installation of the Playground and coraapletion of flee construction prcaj , the Donor shall proide the remaining; {° firndin; within days, OA it i4z tho eicnre(zez stated intention of the narties that all construction work covered , Tlais Agreement may be claanc�d or modified only it n �a�riing by an ag�reciaaent approved and si�ncd by thc� p° ies. °T`lais A.g�recmciat constitutes flee entire A.grcenaent betatveen the parties and all other promises and agreements relating; to the subject of this Agreement, whether oral or written, arc merged herein. Tile Agreement may be terminated by either party, at his or its discretion, prior to tlae expenditure of any funds by the City on the project or by mutual DxuBgn Envebpx ID. AAtOF=EAE-182GdOtAA197-AS72E<OA7388 ICI. Tl�e City and t�o��or agree the i�onor will not receive private inurement, goods or scrlrices or other ctn�sideratio�a, in tvl�ole or in part, far tl�e contribution received. T'he City agrees they will provide the i�onor with contemporaneous written acknowledgement of each donation II1Cludlil�? a StltClllt'ilt tll�lt n0 goods ol" serti�ices were received in exchange. IN '4�'i�'N�S '�'Vl-�E�2EC}�', the parties hcrc;to have executed the foregoing on the day a��d year above first given, B�tET'T ri�tI�SQN 4 4✓��• +�IT�:' �F ASPEN, a Colorado l�oz��e rule municipality By. [�� a6.� �� .,.. [��, � Nicole l-terming, City Clerk