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HomeMy WebLinkAboutresolution.council.056-92 If.... '. . .. I~. I~_'. ~; .. '0..... -- RESOLUTION NO. 5"0 Series of 1992 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY AND THE BOARD OF TRUSTEES OF THE PITKIN COUNTY LIBRARY, RELATIVE TO THE EXCHANGE OF PROPERTY COMMONLY KNOWN AS THE LIBRARY PARCEL, THE MUNICIPAL GARAGE PARCEL, THE YOUTH CENTER BUILDING PROPERTY, THE LAND NORTH OF THE COUNTY JAIL, AND A TRANSIT/TRAIL EASEMENT BETWEEN THE COUNTY JAIL AND THE YOUTH CENTER BUILDING, SETTING FORTH THE TERMS AND CONDITIONS FOR SAID LAND EXCHANGES, AND AUTHORIZING THE MA YOR TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, SAID INTERGOVERNMET AL AGREEMENT AND ALL OTHER LEGAL DOCUMENTS NECESSARY TO EFFECTUATE THE CONTEMPLATED LAND EXCHANGES. WHEREAS, The City and the County entered into a Land Exchange Agreement in April, 1982 to exchange certain parcels of land for the purpose of facilitating the construction of certain public improvements; and, WHEREAS, in accordance with said Land Exchange Agreement the City did convey to the County a tract of land and vacated a portion of a certain right-of-way to permit the County to construct a County Jail on County property; and, WHEREAS, in accordance with said Land Exchange Agreement the County did convey to the City certain parcels of land commonly referred to as the Oden property, the old county stable property, and the Aspen One property; and, WHEREAS, the conveyance of the Oden property and the old county stable property were made subject to the following reversionary interest retained by the County: "PROVIDED, that the purpose of this grant is to facilitate the construction of a performing arts center in accordance with the City's Rio Grande MasterPlan, as it may be revised from time to time. In the event that such a center is not constructed by April 12, 1992, the above described real property shall revert to the County. " WHEREAS, the Warranty Deed from the County granting the Oden property to the City made the reversion of the property contingent upon the County reimbursing the City for ~. ~. ~ 'II' tit payments made by the City for the purchase of the Oden property; and, WHEREAS, the Library has constructed a library facility on the property previously intended for the performing arts center; and, WHEREAS, the City has constructed a municipal parking structure on a portion of the old county stable property; and, WHEREAS, the City and the County have permitted the Aspen Youth Center to construct a building on land partially owned by each of them; and, WHEREAS, other municipal improvements have been commenced or completed pursuant to approval by the City Council of the City under the Conceptual Specially Planned Area Plan for the Rio Grande Parcel, Resolution No. 37, Series of 1988; and, WHEREAS, the Parties are in agreement as to the conditions under which the Library facility, municipal parking structure, Aspen Youth Center, and other municipal improvements have been constructed and wish to memorialize their agreement herein; and WHEREAS, there has been submitted to the City Council an Intergovernmental Agreement between the City of Aspen, the Board of County Commissioners of Pitkin County, and the Board of County Trustees for the Pitkin County Library relative to exchange of property commonly known as the library parcel, the municipal parking garage parcel, the Youth Center building property, the property north of the County Jail, and a transit/trail easement between the County Jail and the Youth Center building, a true and accurate copy of which is attached hereto as Exhibit "I". NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ASPEN, COLORADO: That the City Council of the City of Aspen hereby approves that intergovernmental Agreeement between the City of Aspen, the Board of County Commissioners of Pitkin County, ~ \- ~ ~~.. ra ,. and the Board .of County Trustees for the Pitkin County Library, a true and accurate copy of which is attached and incorporated herein, and does hereby authorize the Mayor of the City of Aspen to execute said intergovernmental agreement and all other legal documents necessary to effectuate the land exchanges contemplated. the INTRODUCED, READ AND ADOPTED by the City Council of the City of Aspen on 9 day of ~ 1992. / John S. t:t, :~y~~ 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. ~;dk Kat n S. Koch, CIty Clerk iga.res . ,. \11' e. * 't " - INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), is made and entered as of this ~ day of 1U771Vu16;- , 1992, by and among the CITY OF ASPEN, Colorado, a home rule municipal corporation ("Aspen") the BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, Colorado, ("County"); and, the BOARD OF TRUSTEES OF THE PITKIN COUNTY LIBRARY, a Colorado statutory library district established pursuant to Section 24-90-10 1, et seq., C.R.S. ("Library"); with the City, the County and the Library sometimes referred to herein as the "Parties". WITNESSETH: WHEREAS, The City and the County entered into a Land Exchange Agreement in April, 1982 to exchange certain parcels of land for the purpose of facilitating the construction of certain public improvements; and, WHEREAS, in accordance with said Land Exchange Agreement the City did convey to the County a tract of land and vacated a portion of a certain right-of-way to permit the County to construct a County Jail on County property; and, WHEREAS, in accordance with said Land Exchange Agreement the County did convey to the City certain parcels of land commonly referred to as the Oden property, the old county stable property, and the Aspen One property; and, WHEREAS, the conveyance of the Oden property and the old county stable property were made subject to the following reversionary interest retained by the County: "PROVIDED, that the purpose of this grant is to facilitate the construction of a performing arts center in accordance with the City's Rio Grande Master Plan, as it may be revised from time to time. In the event that such a center is not constructed by April 12, 1992, the above described real property shall revert to the County." WHEREAS, the Warranty Deed from the County granting the Oden property to the City made the reversion of the property contingent upon the County reimbursing the City. for payments made by the City for the purchase of the Oden property; and, WHEREAS, the Library has constructed a library facility on the property previously intended for the performing arts center; and, WHEREAS, the City has constructed a municipal parking structure on a portion of the old county stable property; and, ee'" ~l '\11. ~ ~- .' 1\. '\, WHEREAS, the City and the County have permitted the Aspen Youth Center to construct a building on land partially owned by each of them; and, WHEREAS, other municipal improvements have been commenced or completed pursuant to approval by the City Council of the City by resolution to approve the Conceptual Specially Planned Area Plan for the Rio Grande Parcel, Resolution No. 37, Series of 1988; and, WHEREAS, the Parties are in agreement as to the conditions under which the Library facility, municipal parking structure, Aspen Youth Center, and other municipal improvements have been constructed and wish to memorialize their agreement herein; NOW, THEREFORE, in consideration of the premises and the mutual covenants, benefits and obligations set out below, the sufficiency of which is acknowledged by each of the respective Parties, IT IS AGREED as follows: 1. CITY'S OBLIGATIONS I. I In consideration of the obligations and covenants made and performed for its benefit by the Library and the County hereunder, the City agrees as follows: a. The City shall subdivide the Rio Grande parcel and cause a subdivision plat to be recorded in the office of the Pitkin County Clerk and Recorder pursuant to the terms of Section 24-7-1004 of the Municipal Code. The subdivision plat shall contain lots that identify land upon which the library building, parking garage and Youth Center buildings have been constructed on City owned property. b. The City shall convey to the Library all of its right, title and interest in and to the property upon which the Library's new facility has been constructed, as is more fully described in Exhibit "A" attached hereto. Said conveyance shall be by appropriate Quitclaim Deed and shall substantially conform with Exhibit "B" attached hereto. c. The deed from the City to the Library conveying the library property shall retain in the name of the City a 20 foot wide access easement providing access from Mill Street to the Parking facility. d. The City shall convey to the County all of its right, title and interest in and to the property North of the County Jail, as is more fully described in Exhibit "C" attached hereto. Said conveyance shall be by appropriate Quitclaim Deed and shall substantially conform with Exhibit "D" attached hereto. II. COUNTY'S OBLIGATIONS 2.1 In consideration of the oblibations and covenants made and performed for its benefit by the Library and the City hereunder, the County agrees as follows: 2 -- . ~. ~a \11' a. The County shall convey to the City all of its right, title and interest in and to the property upon which the municipal parking facility has been constructed, as is more fully described in Exhibit "E" attached hereto. Said conveyance shall be by appropriate Quitclaim Deed and shall substantially conform with Exhibit "F" attached hereto. b. The County shall execute an encroachment agreement authorizing the City to use the property upon which the Galena Street turn-around has been constructed and the elevator on the East side of the parking garage, as is more fully described in Exhibit "G" attached hereto. Said encroachment agreement shall substantially conform with Exhibit "H" attached hereto. c. The County shall pay to the City the sum of $ 12,500.00 in full settlement of that amount that the City has paid to date for the property commonly referred to as the Oden property. No further payments shall be required of the County to satisfy the conditions of reverter set forth in the Oden property deed from the County to the City. d. The County shall convey to the City all of its right, title and interest in and to the property upon which the Aspen Youth Center has constructed a building, as is more fully described in Exhibit "I" attached hereto. Said conveyance shall be by appropriate Quitclaim Deed and shall substantially conform with Exhibit "J" attached hereto. e. The County shall convey to the City a transit/trail easement for the construction, operation and maintenance of trolley tracks between the County Jail and the Youth Center building. Said easement shall be sufficiently wide and in substantially the same location as the current pedestrian trail. The County shall have the right to review all construction plans and activity to ensure that the structural integrity of the County Jail is not compromised by the contruction and operation of a trolley. f. The County shall reimburse the City $5,000.00 for surveying and planning costs for platting and subdividing the Rio Grande Subdivision. III. LIBRARY'S OBLIGATIONS 3.1. In consideration of the obligations and covenants made and performed for its benefit by the County and the City hereunder, the Library agrees as follows: a. The Library shall set aside a minumum of 2,500 square feet of separate, secured space in its library facility and shall make available to the County for lease upon occupancy of the new library facility for a period of at least ten years. b. The Library shall reimburse the City $2,000.00 for surveying and planning costs for platting and subdividing the Rio Grande Subdivision. IV. MISCELLANEOUS PROVISIONS 4.1. Attorneys' Fees. If any action at law or in equity shall be brought under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the covenants, terms, or conditions 3 ~",," ~.. ew 'i.. <,". '\:.- e. ~ <s;'" 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 amount of which shall be fixed by the court and shall be made a part of any judgment or decree rendered. 4.2. Bindin~ Effect. This Agreement shall inure to the benefit of and shall be binding upon the Parties hereto and their respective successors and assigns. 4.3. Severability. In the event any provision of this Agreement shall be held invalid or unenforce- able by any court of competent jurisdiction, such holding shall not invalidate or render unen- forceable any other provision hereof. 4.4. Amendments. The terms of this Agreement shall not be waived, altered, modified, supplemented or amended in any manner whatsoever except by written instrument signed by each of the Parties hereto. 4.5. Execution in Counterparts. This Agreement shall be executed in three counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 4.6. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. 4.7. Waiver. The waiver by any of the Parties hereto or failure of anyone of them to take action with respect to any breach of any term, covenant, or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition, or subsequent breach of the same, or any other term, covenant, or condition therein contained. 4.8. Entire A~reement. This Agreement constitutes the entire agreement between the Parties hereto. No waiver, consent, modification or change of terms of this Agreement shall bind any of the Parties hereto unless in writing signed by all parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations or warranties, express or implied, not specified herein regarding this Agreement. 4.9. Further Assurances. The Parties hereto further agree to execute and deliver such additional documents and agreements as necessary to carry out the intent of this Agreement. 4.10. No Third Party Beneficiaries. This Agreement is not intended to create any right in or for the public, or any member of the public, including any subcontractor, supplier or any other third party, or to 4 fA ., 4._ , ~<" -- I authorize anyone not a party to this Agreement to maintain a suit to enforce or take advantage of its terms. The duties, obligations and responsibilities of the parties to this Agreement with respect to third parties shall remain as imposed by law. IN WITNESS WHEREOF, the City and the County have executed this Agreement in their names with their seals hereunder affixed and attested by their duly authorized officers, and the Library has caused this Agreement to be executed in its name and attested by its duly authorized officer. All of the above occurred as of the date first written above. By: CITY OF ASPEN, COLORADO ~ 5, (3~ Joh S. Bennett, Mayor ATTEST: xt~ BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO By: Chair ATTEST: Deputy Clerk and Recorder BOARD OF TRUSTEES OF THE PITKIN COUNTY LIBRARY By:' Chair '.'", ig:l.ugr \~ ~ 5 . ~.' '\t\<., e, \4;; .~. ~e' 'ill ~ Ylh CITY OF ASPEN City Attorney's Office 130 South Galena Aspen, Colorado 81611 (303) 920-5055 TO: Mayor and Members of Council John P. Worceste~ ~ November 4, 1992 cr \'l"i)~ MEMORANDUM FROM: DATE: RE: Resolution to Approve Rio Grande SPA - Intergovernmental Agreement Attached please find a resolution which, if passed, would authorize the Mayor to execute the IGA accompanying the resolution and all legal documents necessary to effectuate the land exchanges contemplated by the IGA. The IGA is an effort to clear up a number of issues between the City and County relating to land within the Rio Grande SPA. tAs a result of discussions between the City and County staffs over the last year, the Board of County Commissioners agreed to the following proposal brought to them by the City. City agrees to: A. Subdivide the Rio Grande parcel and cause a subdivision plat to be recorded. B. Convey to the Library title to the property upon which the Library's new facility has been constructed. C. Create an access easement behind the library between Mill Street and the parking garage. This would also provide access to the back side of the library. D. Convey to the County title to the property North of the County Jail for them to use for future expansion of the Jail. County agrees to: (- ., ~, 'WI' .;' l,t E. Convey to the City the property upon which the municipal parking facility has been constructed. F. Execute an encroachment agreement authorizing the City to use the property upon which the Galena Street turn-around has been constructed and a small area used by the elevator on the East side of the parking garage. G. Pay to the City the sum of $ 12,500.00. This amount represents a compromise between the figures the City and the County believe is owed. (The City and County could not agree on when the Library should have started taking over the responsibility for paying the Oden note - $15, 162/Yr.) H. Convey to the City the County property upon which the Aspen Youth Center has constructed a building. 1. Convey to the City a transitltrail easement for the construction, operation and maintenance of trolley tracks between the County Jail and the Youth Center building. The County shall have the right to review all design plans and construction activity to ensure that the structural integrity of the County Jail is not compromised by the construction and operation of a trolley. J. Pay $2,000.00 for surveying and planning costs associated with the subdivision process and platting fees. Library agrees to: K. Set aside a minumum of 2,500 square feet of separate, secured space in its library facility and shall make available to the County for lease upon occupan- cy of the new library facility for a period of at least ten years. L. Pay $5,000.00 for surveying and planning costs associated with the subdivision process and platting fees. (The Youth Center has already paid the City $2,000- .00). NOTE: The City initially purchased the Library Property (Oden Property) in 1982 from the County for the purpose of having a performing arts center constructed. Sixth Penny sales tax funds were used to make the purchase. At that time, Sixth Penny funds were not restricted solely to parks and open space purposes. In 1983, an ordinance was passed requiring that 75 % of the Sixth Penny revenues be used solely for open space purposes. In 1986, the 1983 amendment was repealed. In 1990, the Sixth Penny tax was again amended. Under this amendment, all Sixth Penny revenues collected on and after July 1, 1990, were restricted to parks, trails and open space purposes. Throughout these many years and ordinance changes, .!. "". -~ "'.... 't,,,-,. I~~ \. Sixth Penny funds paid for the Library Property. (The County resumed paying the land payments instead of the City in January, 1992. The yearly payment is $15,162.00.) The Library Property was never put to municipal use, including use as "open space", hence, there is no need for an election in order to reconvey the property to the Library District. Additionally, the purchase agreement for the parcel with the County stipulated for the reversion of the property to the County in the event a performing arts center was not constructed thereon by April, 1992. It should also be noted that like the Library Property, the small parcel behind the jail to be conveyed to the County was never put to municipal use and, thus, no election is needed to effectuate that transfer. IGA.mcm , -::/'~ o? 1/10 GiIA.}{D 1Il'L4Cll ~ ------- Vl_~ ~ ~/ .;.- ..... LOT Z ........ I........ I ............ PARKING PLAZA IF........ , .... _J____ ,~ ----- ........ E ~/ -- ~ L__ ~ ----- - --- ---- c -'i f~ ..--/ ~____ ENCROACHMENTS ON HISTORICAL LOT L RIO GRANDE SUBDI "''" zw ww ,.,'" "''" "'''' '" w gj '" '" ,., ,., H " '" H '" o z 60 = approx SCALE