HomeMy WebLinkAboutresolution.council.089-25RESOLUTION 4089
(Series of 2025)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN,
COLORADO, APPROVING A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, AND TOWN OF
SNOWMAS S VILLAGE IN SUPPORT OF A REGIONAL HOUSING NEED S
ASSESSMENT
WHEREAS, City Council approved Resolution #018, Series of 2025 on
February loth, 2025, approving the contract with EPS to conduct the Housing
Needs Assessment; and,
WHEREAS, having a memorandum of understanding with its partners will
bolster the City of Aspen's Proposition 123 waiver and solidify the partnership
between the partnering jurisdictions; and,
WHEREAS, there has been submitted to the City Council a Memorandum
of Understanding ("MOU") for purposes of financing the housing needs study
between the City of Aspen and Pitkin County, and Town of Snowmass Village, 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
Memorandum of Understanding for Financing of a Regional Housing Needs Study
("MOU") between Pitkin County, Town of Snowmass Village, and the City of
Aspen, a draft of which is attached hereto and does hereby authorize the City
Manager of the City of Aspen to execute the MOU on behalf of the City of Aspen
in substantially the form attached hereto, subject to the approval of the City
Attorney.
RESOLVED, APPROVED, AND ADOPTED FINALLY by the City
Council of the City of Aspen on the 241h day of June 2025.
Richards, Mayer �
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 on the day herein above
stated.
0
Nicole Henning, City Crk
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MEMORANDUM OF UNDERSTANDING
FOR FINANCING OF A REGIONAL HOUSING NEEDS STUDY
This MEMORANDUM OF UNDERSTANDING ("MOU") is made this 28th day of
May, 2025 by and between the City of Aspen, whose address is 427 Rio Grande Place,
Aspen Colorado 81611 ("Aspen"), the Board of County Commissioners of Pitkin County
Colorado, whose address is 530 East Main St., Aspen Colorado 81611 (the "Pitkin"), and
the Town of Snowmass Village, whose address is 130 Kearns Road, Snowmass,
Colorado 81615 ("Snowmass"), (Collectively the "Parties").
RECITALS
l . By this MOU, the Parties wish to partner in and share the cost of a Housing Needs
Assessment; and
2. The majority local governments in Colorado are required to complete a housing
needs assessment by December 2026 to comply with SB 24-174,# and
3. Colorado voters approved Proposition 123 in 2022 to create the state Affordable
Housing Fund; and
4. To qualify for flexibility in some funding programs under Proposition 123
applicants, who could include the local governments named in this MOU, must submit a
rural resort petition that uses data from a housing needs assessment to show local housing
needs at higher Area Median Incomes (AMIs) than outlined in Proposition 123; and
5. The final Housing Needs Assessment will fulfill SB 24-174 requirements and
provide the necessary components for al ul a resort petition; and
6. The Housing Needs Assessment will cover the geographic area including Pitkin
County through Garfield County (Pitkin County, Aspen, Snowmass Village, Basalt,
Garfield County, Carbondale, Glenwood Springs, New Castle, Silt, Rifle, and Parachute);
and
7. Aspen City Council authorized the use of city funds to pay for a Housing Needs
Assessment in compliance with SB 24-174 on February 1 lth, 2025; and
8. Aspen's Housing Needs Assessment includes analysis of housing needs in
Snowmass and Pitkin; and
9. Snowmass and Pitkin wish to contribute to the costs of producing the Housing
Needs Assessment; and
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V. Pitkin and Snowmass will benefit from participating in the Housing Needs
Assessment; and
11. The final Housing Needs Assessment will assess the housing need throughout the
region as a whole and include a data carve out for each participating organization.
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. Aspen, Pitkin, and Snowmass hereby agree to share the costs of the Housing
Needs Assessment equally. The total contract cost is $41,176 per entity.
2. Aspen shall be the primary contact and financial agent between the vendor,
Economics and Planning Systems (EPS), and the members of this agreement.
3. Aspen will invoice Pitkin and Snowmass for expenses twice. The first upon
completion of Phase 1 in June 2025 and the second upon completion of Phase 2 in
December 2026,
4. The parties acknowledge that upon completion of Phase 1 for the Housing Needs
Assessment, the opportunity may arise to expand the scope of Phase 2 to address
additional data or research questions.
5. Should unforeseen expenditures arise, Aspen shall notify the parties as promptly
as possible with the estimate of the increased costs. The parties agree to work
cooperatively and promptly in this circumstance to discuss sources and contributions to
additional funding needs.
6. The parties acknowledge that this agreement will neither bind or preclude future
activities as a result of the Housing Needs Assessment
7. Terms and Extensions This MOU shall commence upon the date first written
above and shall continue each year through written consent as determined by the
Participating Members.
8. Assignability. This MOU is not assignable by any party hereto.
9. Modification. This MOU may be changed or modified only in writing by an
agreement approved by the respective signing members of this MOU.
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10. Entire Memorandum of Understanding, This MOU constitutes the entire 1VIOU
between the parties and all other promises and agreements relating to the subject of this
MOU, whether oral or written, are merged herein.
11. Severability. Should any one or more sections or provisions of this MOU be
judicially adjudged invalid or unenforceable, such judgment shall not affect, impair, or
invalidate the remaining provisions of this MOU, the intention being that the various
sections and provisions hereof are severable.
12. Termination Prior to Expiration of Term. Any Party has the right to terminate or
withdraw from this MOU, with or without cause, by giving written notice to the other
Parties of such termination and specifying the effective date thereof. Such notice shall be
given at least sixty (60) days before the effective date of such termination. Termination of
the MOU relieves the cancelling or withdrawing Party of any further responsibility under
this MOU except for specifically identified obligations of a continuing nature based upon
past performance under the MOU.
13. Notice. Any notice required or permitted under this MOU shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by
one of the following methods 1) hand -delivery or 2) registered or certified mail, postage
pre -paid to the mailing addresses set forth below. Each party by notice sent under this
paragraph may change the address to which future notices should be sent. Electronic
delivery of notices shall be considered delivered upon receipt of confirmation of delivery
on the part of the sender. Nothing contained herein shall be construed to preclude
personal service of any notice in the manner prescribed for personal service of a
summons or other legal process.
To: Pitkin County
Jon Peacock, County Manager
530 East Main Street, Ste 302
Aspen, CO 81611
Jon.peacockgPitkincounty.com
To: Town of Snowmass Village
Clint Kinney, Town Manager
130 Kearns Road
Snowmass Village, CO 81615
ckinneya,tosv.com
To: City of Aspen
Pete Strecker, Interim City Manager
130 South Galena St
Aspen CO 81611
pete.streckerAaspen. gov
With copies to:
Pitkin County Attorneys Office
530 East Main Street, Ste. 301
Aspen, CO 81611
attorne a,pitkincounty.com
With Copies To:
Town of Snowmass Village Attorney
130 Kearns Road
Snowmass Village, CO 81615
j dresserptosv.com
With Copies to:
City of Aspen Attorney
130 South Galena Street
Aspen, CO 81611
attorney(a cityofaspen.com
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7. Government Immunity. The parties agree and understand that all parties are
relying on and do not waive, by any provisions of this MOU, the monetary limitations or
terms or any other rights, immunities, and protections provided by the Colorado
Governmental Immunity Act, C.R.S. 24®10-101, et seq., as from time to time amended or
otherwise available to the parties or any of their officers, agents, or employees.
8. Current Year Obli ations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute only
currently budgeted expenditures of the parties. The parties' obligations under this MOU
are subject to each individual party's annual right to budget and appropriate the sums
necessary to provide the services set forth herein. No provision of this MOU shall be
construed or interpreted as creating a multiple fiscal year direct or indirect debt or other
financial obligation of any of the parties within the meaning of any constitutional or
statutory debt limitation. This MOU shall not be construed to pledge or create a lien on
any class or source of any of the parties' bonds or any obligations payable from any class
or source of each individual party's money.
9. Binding Rights and Ob1i ations. The rights and obligations of the parties under
this MOU shall be binding upon and shall inure to the benefit of the parties and their
respective successors and assigns.
10. Agreement made in Colorado. This MOU shall be construed according to the
laws of the State of Colorado, and venue for any action shall be in the District Court in
and for Pitkin County, Colorado.
11. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this MOU, the substantially prevailing party, whether by final judgment or
out of court settlement, shall recover from the other party all costs and expenses of such
action or suit including reasonable attorney fees.
12. No Waiver. The waiver by any party to this MOU of any term or condition of this
MOU shall not operate or be construed as a waiver of any subsequent breach by any party.
13. Authority. Each person signing this MOU represents and warrants that said person
is fully authorized to enter into and execute this MOU and to bind the party it represents to
the terms and conditions hereof.
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The foregoing mu is approved by the Pitkin County, Colorado County Manager, on the
28th day of May, 2025.
The foregoing Agreement is approved by the Town of Snowmass Village Town Manager
day of
2025.
The foregoing Agreement is approved by the City of Aspen Interim City Manager on the
day of 2025.
In witness whereof the parties hereto have caused this MOU to be executed as of the day
and year first written.
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PITKIN COUNTY:
y
-
Kelly McNicholas Kury, Chair
dun-03-2025
Date:
APPROVED AS TO FORM:
By:
Richard Neiley, III
County Attorney
By:
Jon Peacock, County Manager
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TOWN OF SNOWMASS VILLAGE:
APPROVED AS TO FORM:
Jeff Conklin, County Attorney
Betsy Crum, Housing Director
MANAGER APPROVAL
Clint Kinney, Town Manager
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CITY OF ASPEN:
AS TO FORM
g �GER APPROVAL
�tOI SfM&W
Kate Johnson, City of Aspen Attorney Pete
Signed by:
Vtavu, :Fbsf w
Diane Foster, Deputy City Manager
r, Interim City Manager