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HomeMy WebLinkAboutresolution.council.048-97 RESOLUTION NO. z/~' Series of 1997 A RESOLUTION OF THE CITY OF ASPEN, COLORADO, APPROVING A FIRST AMENDED AND RESTATED INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN, PITKIN COUNTY, EAGLE COUNTY, THE CITY OF GLENWOOD SPRINGS, THE TOWN OF CARBONDALE, AND THE TOWN OF SNOWMASS VILLAGE, CONCERNING THE PURCHASE AND PUBLIC OWNERSHIP OF THE ASPEN BRANCH OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT-OF-WAY; AUTHORIZING THE CITY OF ASPEN'S PARTICIPATION IN THE PURCHASE OF THE ASPEN BRANCH OF THE DENVER AND RIO GRANDE WESTERN RAILROAD; AND AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF ASPEN, REQUISITE DOCUMENTS RELATING TO THE INTERGOVERNMENTAL AGREEMENT AND THE PURCHASE OF SAID PROPERTY. WHEREAS, there has been submitted to the City Council a First Amended and Restated Intergovernmental Agreement between the City of Aspen, Pitkin County, Eagle County, the City of Glenwood Springs, the Town of Carbondale, the Town of Basalt, and the Town of Snowmass Village, concerning the purchase and public ownership of the Aspen Branch of the Denver and Rio Grande Western Railroad right-of-way, together with certain exhibits appended to the First Amended and Restated Intergovernmental Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, THAT: Section 1. The City Council of the City of Aspen hereby approves that First Amended and Restated Intergovernmental Agreement between the City of Aspen, Pitkin County, Eagle County, the City of Glenwood Springs, the Town of Carbondale, the Town of Basalt, and the Town of Snowmass Village, concerning the purchase and public ownership of the Aspen Branch of the Denver and Rio Grande Western Railroad right-of~way. Section 2. The City Council hereby approves the Purchase and Sale Agreement for the purchase of the Aspen Branch of the Denver & Rio Grande Western Railroad appended as Exhibit A to the Intergovernmental Agreement. Section 3. The City Council hereby approves the exhibits appended to the above referenced First Amended and Restated Intergovernmental Agreement and accepts and agrees to be bound, to the extent required, to the terms and conditions set forth in the respective grant agreements or intergovernmental agreements. Section 3. The Mayor and City Manager of the City of Aspen are hereby authorized to execute the above referenced documents and any other related documents necessary on behalf of the City of Aspen to consummate the purchase of the Property and to execute the First Amended and Restated Intergovernmental Agreement. Dated: /~e__. ~/~ ,1997. John S. Bennett, Mayor I, Kathryn S. Koch, duly appointed and acting City Clerk do certify that the foregoing is a tree and accurate copy of that resolution adopted by the City Council of the City of Aspen, Colorado, at a meeting held ~e 02 ~ , 1997, Kathryn S.f'-~x~ch, C~ty Clerk rtl-ha.res A RESOLUTION OF THE BOARD OF COUNrI~ OF PITKIN COUNTY. COLORADO AUTHORIZING THE BOARD TO ENTER INTO AN I~NWERGOVERNMENTAL AGREEMENT WITH THE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AND THE CITY OF ASPEN CONCERNING THE PURCHASE OF THE ASPEN BRANCH Of' THE DENVER AND RIO GRANDE RAILROAD RIGHT OF WAY Resolution No. Recitals I. The Board of' County Commissioners of Pitkin County under the authority granted pursuam to C.R.5.§29-1-20 Colorado Constitx~tion is hereby entering into an Intergovernmental Agreement with the State of Colorado Department of Transportation ("CDOT'I and the City of Aspen; and 2. One of the exhibits to the IGA is a list of approved interim uses, referenced in the IGA as Exhibit B. which list has not yet been approved by RFRHA and CDOT. Pitkin County, as a voting member of RFRHA must necessarily approve that list; and 3. The Board of County Commissioners has determined that it is in the best interests of the citizens of Pitkin County to enter into this Intergovernmental Agreement. NOW THEREFORE. BE IT RESOLVED by the Board of County Commissioners of Pitldn County, Colorado, that it hereby approves the Chairman and the Pitkin County Clerk and Recorder to respectively, execute and attest any and all documents necessary to complete the Intergovernmental Agreement between the Department of Transportation, Fitkin County, and the City of Aspen in substantially the form attached as Exhibit A to this resolution, subject to approval of the form of any documents by the County Attorney's office. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 12TH DAY OF FEBRUARY. I~)97. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE I'STH DAY OF FEBRUARY 1997. CONTINUED PUBLIC HEARING ON THE 12TH DAY OF MARCH, 1997 CONTINUED PUBLIC HEARING ON THE 26TH DAY OF MARCH, 1997 CONTINUED PUBLIC HEARING ON THE 9TH DAY OF APRIL, 1997 ,lllll~?. CONTINUED PUBLIC HEARING ON THE 23RD DAY OF APRIL~1997. \, CONWINUED ffUB1JC tIF~R1NG ON THE 14~t DAY OF MAY. 1997. CON~NUED PUBLIC HEARING ON ~IE 28~ DAY OF ~Y. 1 COUNTED ~BLIC HEARING ON ~E ~H DAY OF JUNE. 1 A~OVLL~ U~N SECO~ RF~DING AND ~LIC HEA~NG ON DAY O~~, 1997. ~BLIS~D A~R ADO~ON IN ~E WEEKEND EDISON OF ~MES ON ~-{E DAY OF. .1997. J~eue Jones ~ilfg~t~~ g Depuw Clerk Chairman Date: ~-[~C~ CO~ ~AGE~ A~O~D AS TO ~rah~ ~n~ A~omey EXHIBIT A SH 82 FROM 1-70 to WOODY CREEK Pitkin, Garfield. and Eagle County/CDOT INTERGOVERNMENTAL AGREEMENT THIS INTERGOVERNMENTAL AGREEMENT is made this ,~-'?'//t day of ~7'771r ~ , 1997, by and between the State of Colorado for the use and benefit of THE DEPARTMENT OF TRANSPORTATION. hereinafter referred to as "~ State". P1TKIN COUNTY. STATE OF COLORADO. hereinafter referred to as "the County", and the CITY OF ASPEN, STATE OF COLORADO, hereinafter refeered to az "the City" WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment of $3,000.000 in Fund Number 400, Organization 9991. Appropriation 010. Program 5000. Function , Object 4210, Originating Unit 0526, Project Number t 176700M: and. WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies: and. WHEREAS, the County has been established as the legal entity for accepting funds for the purchase of the Aspen Branch Line which goes from Glenwood Springs to Wcody Creek. hereinafter referred to as "the Rail Line": and. WHEREAS, the local governments in the Roaring Fork Valley including the County and City have established the Roaring Fork Railroad Holding Authority, hereinafter referred to as "RFRHA' for the purpose of purchasing the Rail Line; arid. WHEREAS. RFRHA. pursuant to its organizational document attached hereto as Exhibit A, is authorized to enter into agreements and spend money on behalf of its member entities for multi-modal transportation purposes; and. WHEREAS. RFRHA has authorized the County and City lo act as its agents for purposes of this agreement: and. Page I WHEREAS. the purchasing of the Rail Line has been identified as .an integral part of any comprehensive muhi-modal transportation solution for the Roaring Fork VatIey: and. WHEREAS. the SH 82 corridor from Aspen to Glenwood Springs has been included in the Strategic Project Investment Program: and. WHEREAS. RFRHA has successfully negotiated an agreement with the Southern Pacific Transportation Company for the purchase of the Rail Line for a total cost of $8.500.000: and, WHEREAS. a total of $5,500,000 has been either raised or committed by local governments in the Roaring Fork Valley as well as other state agencies leaving a balance of $3.000.000 needed to complete the purchase of the Rail Line; and, WHEREAS. this agreement is executed by the County and City under authority of an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the County and City, copies of which are attached hereto and made a part hereof; and, WHEREAS. the Colorado Transportation Commission by resolution and budget action approval on December 19, 1996 has authorized the funding of $3,000,000 of federal funds and execution of this agreement; and, WHEREAS. the State and Colorado Transportation Commission are authorized to enter into intergovernmental agreements for purposes of assisting multi-modal tramportafion solutions pursuant to C.R.S. 43-1-102 (6) and 43-1-106 (14); and, WHEREAS. this agreement is executed by the parties pursuant to Article XIV Section 18 of the Colorado Constitution and under authority of Sections 29-1- 203.43-1-1 I0, and 43-1-106 (14), C.R,S.. as amended: and. NOW. THEREFORE. it is hereby agreed that: PROJECT DESCRIPTION This agreement establishes the general provisions for and defines certain responsibilities of the State. the County, and the City regarding the purchase of the Rail Line from the Southern Pacific Transportation Company. Page 2 Il PROJECT FUNDING PROVISIONS A The State shall contribute a total $3.000.000 from federal funds as its share of the total cost to purchase the Rail Line which has been established to be $8.500.000. B. The County has been established as the agency to receive funds on behalf of RFRHA for the purchase of the Rail Line. The remaining funds needed to purchase the Rail Line have either already been committed or funding approval given for the remaining $5.500.000. III. STATE COMMITMENTS A. The State will work with RFRHA on the remaining studies that need to be completed to advance the implementation of the final set of preferred transportation solutions for the Roaring Fork Valley. The State will participate' in planning efforts either through the State's Regional Transportation Director (or designated representative), Region 3, located in Grand Junction or the Director of Transportation Development (or designated representative) located in Denver. At a minimum, a Corridor Investment Study/Comprehensive Plan will be prepared and mutually accepted by CDOT and RFRHA. B. Except as necessary to carry out exJsting uses of the property and to implement requirements imposed under the Interstate Commerce Commission Termination Act. related statutes, regulations and orders of the Surface Transportation Board. and to maintain property in a reasonable and prudent fashion, no physical use and/ur construction impacts to the rail right-of-way will occur until/unless appropriate National Environmental Protection Act (NEPA) documentation is completed, including satisfying the provisions of Section 4 (0 and Section 106, as appropriate, with agreement of the State Historic Preservation Officer and the Advisory Council on Historic Preservation. Nothing herein shall restrict' operations by Southern Pacific or its successors within the "wye" to the extent pem,;tted under rights retained by Southern Pacific in its contract with RFRHA, nor shall anything herein be deemed to bar existing public uses or the interim uses planned by various governmental entities as set forth in Exhibit "B" attached hereto. IV. COUNTY AND CITY ~COMMITMENTS A RFRHA was established by an intergovernmental agreement (pursuant to C.R.S. 29-1-203~ to acq atre the Rail Line. and to manage and plan for the use of the Rail Line to the benefit of the general public. The County and City shall work cooperatively with RFP, HA to ensure the completion of necessary planning studies for identifying the best multi-modal transportation solution for the Roaring Fork Valley. At a minimum this will include a transportation master plan with emphasis on the future use of'the Rail Line. B. The County and City will set aside $750.000 of RFRHA's funding as the State's match for the federal funds used to purchase of the Rail Line. C. A multi-modal transportation system utilizing the Rail Line corridor shall be implemented by the year 2020. The multi-modal transportation system can ~nclude rail. bicycle/pedestrian/cross country/equestrian trails as a corridor joint use facility but shall not be limited to such uses.. If a multi- modal transportation system ~s not implemented by December 31. 2020. the County and C;ty agree to repay the State the full amount set forth in this agreement, $3.000.000 without interest. The obligation of the County and City to repay the grant to the State is expressly made subjec~ to the appropriation and annual budgeung of sufficient funds for that purpose and appropriated by ihe County and City. The parties understand that the multi- modal transportation system may utilize property outside the current corridor if deemed necessary for design, engmt~ermg, or cost considerations, or to improve the efficiency of the rail or trail components of the system. D. The County and City assure the State that none of the $5.500.000 already raised for the pumhase of the Rail Line is from other federal ~nding sources. E. It is the intent of the part,es to use $4.750.000 of the purchase price as matching funds fcr potential additional federal funding. F. The County and City shall use the funds provided in this agreement only for the purchase of the Rail Line which is to take place no later than August 1, 1997. If the County and City fails to use the funds by August I, 1997 the County and City shall repay the full amount pursuant to Section V paragraph A. Page a V. GENERAL PROVISIONS ,: A. TI'tis agreement may be terminated as follows: '~' (a) Termination for Cause. If, through any cause, the County and City shall fail to fulfill, in a timely and proper manner, its obligations under this agreement, or if the County and City shall violate any of the covenants, agreements, or stipulations of tiffs agreemenL the State shall ~, thereupon have the right to te,,,~nate this agreement for cause by giving written notice to the County and City of such termination and specifying the effective date of such termination. In that event that the agreement is terminated for cause the County and City shall reimburse the State the entire amount paid to the County and City for the project in a lump sum payment made within thirty (30) days of the termination. If after such termination it is determined, for any reason, that the County and City was not in default, or that the County and City's action/inaction were excusable, such termination shall be treated as a termination for convenience, and the rights and obligations of the parties shall be the same as if the agreement had been teen,hated for ccmvenience, as described herein. (b) Termination for Convenience. The State may terminate ~his agreement at any time the State determines that the purposes of the distribution of funds under the agreement would no longer be served by completion of the purchase. The State shall effect such termination by giving written notice of termination to the County and City and specifying the effective date thereof, at least twenty (20) days before the effective date of such termination. (c) Termination Due to Loss of Funding. The parties hereto expressly recognize [hat the County and City is to be paid. reimbursed, or otherwise compensated with funds which are available to the State for the purposes of contracting for the purchase provided for herein, and therefore, the County and City expressly understands and 'agrees that all its rights, demands and claims to compensation arising una~er this agreement are contingent upon availability of such funds to th~ State. In the evem that such funds or any part thereof are rot available to the State. the State may immediately terminate or amend this ag,~-'emel~. ~ ~ 1'~3e S~alc ~ograzes Iha! i~s g~ant i~ only a ~ oft~ total ~m~ thai if ~ ~tire fuming is ~ a~ilab~ to R~HA andtvr tt~ County ~ City ~h~t ~ a~ ~s t~nated a~ t~ County a~ Cit~ ~II ~t~ any ~nies ~ei~ by t~ State for p~se of d~ ~sidon within thirty da~ f~m teh~fination, ~t~ut intent, aM wight f~ obl[gafi~ to I~ Slate. B. N~l~a~ing a~n~ng ~min to t~ con~, l~e p~i~ u~tand a~ a~ ~t all [cc~,~ a~ co~itiom of ~s a~nt a~ a~ac~m~ ~lo which ~y ~im comi~ ~ffo~n~ or c~l~a~ ~ t~ t~nation date of l~ ~nt shall ~ s~ ~fion date a~ s~l] ~ enf~b~ b;, ~ State as ~ ~n in l~ ~ni of s~h faih~ to ~ ~ ~ly by t~ C~nW chan~ in f~l ~ Sta~e hw. ~ t~ i~ng mgalatio~. ~y ~h ~ ~i5~fion s~ll au~6ca~y ~ i~t~ imo a~ ~ p~ ef~s a~ on ~ eff~ da~ ~s~h c~n~ as if ~lly ~,,'~ in acc~a~ ~th a~li~ble law. f~ any ~so~ ~h i~lidity ~ fai}~ s~ll ~ aff~ t~ x~8~ of an~ ~ t~ ~ ~%~ ~f. ~ wa~ of any ~ach ora t~ a~i~n. ~i9~ ~ ~ a~m ~o S~II ~ any f~ ~ have any force or effect unless embodied in a written .ag~ement executed and approved pursuant to the State Fiscal Rules. F. Except as herein otherwise provided, this agreement shall inure to benefit of and be binding upon the parties hereto and their' respecr~ve successors and assigns. G. The Special Provisions attached hereto are hereby made a part of this agreement. H. The County and City shall be cognizant of and comply with federal req~lirements under this federally funded agreement. 49 CFR. Part 18. L The County and City represents and warrants that. it currently has no interest, and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of the County and City's obligations under this agreement. The County and City further covenants that. in the performance of this agreement, it will not employ any person or finn having any such known interests. J. This agreement shall become "effective" only npon the dale it is executed by the State Controller, or designee. The term of this agreement shall begin on the d,'.te first written above and shall continue through the completion and final acceptance of this project by tbe State. County, and City. K. I~ring the performance of all work under this agreement, the parties hereto agree to comply with Title VI, of the Civil Rights Act of 1964, the salient points of which are shown in the Non-discrimination : Provisions attached hereto and made a part hereof. L. If a conflict occurs between the provisions of this agrecmem proper and Ibc attachments he,cio, lhe priority to be used to resolve such a conflict shall be as follows: I. The Special Pro~'isions and the attachments enumera:cd in Section V. paragraph L. above: and 2. This agreement proper: and 3. Other agreement attachments and exhibits. ~L It is e. xpm.~Iy m~t:rrtood and agreed that the enfotra~te~ of the ~,,.e _.. ~ ~s ~ of ~ ~g ~st any ~ou or ~t it h~ ~ken ~ ~6om ~ by i~ p~, by-hws, a~or a~ Ci~ to ~s ~ ~ ~o~s) ex~fing ~ a~ on ~f ltq WITNESS WHEREOF. the parties hereto have executed this.agreement the day and year first above written. STATE OF COLORADO AI'I LST: ROY ROMER. GOVERNOR Chief~C-~erk Executive Director DEPARTMENT OF TRANSPORTATION APPROVED: CLLvt. ORD W. HALL GALE A. NORTON State Controller Attorney O. ea'~eral / ' ' - BARRY B. RYAN / Assistant Attorney General Civil Litigation Section PITK~ CO~~ORADO Title C.h,a.,:tr~a~'. Board of County Conmtasioners Federal Employer Identification ATTEST: crI'Y OF ASPEN. COLORADO Title Title NAY,.°xll, City of Aspen F~L~'al Empioy~ Identification Number: 8~.6000563 Page t' APPENDIX B DISADVANTAGED BUSINESS ENTER~PISE (DBE) SECTION 1. ~ It is the policy of the Colorado Department of Transportation that disadvantaged bus,ness enterprises as defined in 49 CFR Part 23 shall have the maximum opportunity to participate in the performance of con~racts financed in whole or in part with Federal funds under this agreement· Consequently, the DBE requirements of 49 CFR Part 23 apply to this agreement. SECTION 2. The recipient or its contractor agrees to ensure that disadvantaged business enterprises as defined in 49 CFR Part 23 have the maximum opportunity to participate in the performance of contracts and subcontracts financed in whole or in part with Federal funds provided under this agreement. In this regard all recipients or contractors shall take a]l necessary and reasonable steps accordance with 49 CFR Part 23 to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. Recipients and their contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of CDOT assisted contracts. SECTION 3. The contractor (subrecipient) shall be responsible for obtaining the Disadvantaged Business Enterprise Program of the Colorado Department of Transportation, 1988, as amended, and shall comply with the applicable provisions of the program. A copy of the DBE Program is available from: Staff Construction Engineer Colorado Department of Transportation 4201 East Arkansas Avenue, Room 287 Denver CO 80222--3400 Phone: (303)757-9231 and will be mailed to the contractor upon request. THE INTERGOV'ERiN.'MENTAL AGREEMENT AS AMENDED BETWEEN PITKIN COUNTY. EAGLE COUNTY. GARFIELD COUNTY THE CITY OF GLE,N~'OOD SPRLNGS. THE CITY OF ASPEN TH~_~ TOVv?4 OF CARBONDALE. THE TOWN OF BASALT, THE TOWN OF SNOW'MASS VILLAGE, AND TITE COLORADO TRANSPORTATION COMMISSION CONCERNING THE PURCHASE AND PUBLIC.. 05V_-_~ERSHIP OF, TI-tE ASPEN BR&N(~H OF THE,,DENWER A~qD .RIO GRANDE RAILROAD RIGHT-OF-'V*'AY PARTIES TI-IlS INTERGOVEILXtMENTAL AGREEMENT (the ".-x.~reement"~ is made this aav of ~c'~' · . I~ ~v and between Pitkin County. Ea~le County. Garfield County. the City q'Glcnwoca Svnnes. (he City ot A~pen. ihe To~;n of 'Carboncta'le. the Town of ~asalt. Fown ot Snow'ass Village. ::,d the Colorado Transponafiofi c~mmission uhe "Governments"). A~?FFIORITY This Agreemem is entered into. inter alia, pursuant ~o Section 29-1-201. ~ seo., C.R.S.. and Article XIV. Secuon i0. vt the Colorado Constitution. RECITALS WHEREAS. the Governments are dun constituted eovernmental entities ~,ovemed by Boards or Councils elected by qualified electors of the coffnties, cities and towr~ mentioned above, or is a Commission appointed by the Governor of the State. all of which are located in Colorado: and. WHEREAS. the Governments are desirOus of cooperating in the purchase and ownership of a ~orfion of what ~s known as the Aspen Eranch of the Denver and Rio Grande Western R~ilroad riehl-of~way {the ~Provertv"). Said purchase will satisfy the mutual, immediate goal of remtmn_g- the Pr~rry for the' go6d of the eeneral public, and will allow for the development of a comprehensive plan for the highest and ~est public use of the Property. The primary use for the Property. under this future plan shall be as a public tran_x-portation comdor. Secondary uses can include recreational oppormnkies and access to ad. acent public lands, provided that these secondary, uses flo not preclude the primary use as a public transportation corridor: and. WHEREAS. Tt~e. Boards. Com,,cils and Commission of the respective Govemmeraa authorized to execllte this Inxerg_ove,ux~ental Agrecmeiat on behalf of the Gove~limcnt$; alld. WHERF_~S. This A.m-eemem will abide by and comply with all cona'~mtional ~iremems concermng state and local goverra-nem expenditures and procedures: and. WHEREAS. the Governments have determined it is in the best interests of the citizera ,,f the Roanng Fork Valley :o eraer into this Ime~overtmaemal Agreement. OBLIGATIONS. OF PARTIES NOW THEREFORE. the Governments do hereby approve of the lntergovemmenlat -~ereemem as follows: I. Purpose. The purpose of this Intergovernmental Agreement is to establish a cooperative agreement between the Governments that will establish an enutv known as the Roaring Fork Railroad Holding Authority (RFP, HA). The purpose of the ~A is to pursue the successful pumhase of the Property from the current owner, and. to the extent permitted by the Constitution and the Laws of the State of Colorado. to manage and plan for the use of the Property to the benefit of the general public. 2. Participation in the Purchase. The Governments agree that parucipation in the local funding of the ultimate purchase of the Property will not exceed Two-Million. Nine- Hundred Thousand ($2.900.000.0ff~ dollars, which amount shall include all costs for an envtronmental audit, title insurance, costs for clearing title and other expenses normally associated with the purchase of the property. The split of local financial participation between ~he Gevernmems is defined w~thin Exhibit "A" of this document. The cost-sharing arrangement ..icfinea w'ithin Exhibit 'A" app~ms soiely to the purchase of the Proner~v. The money for funding Pitkin County's. the City of Aspen s. and the Town of Snowmass VilIages cost sharing as described m Exhibit."A" will come from the i/2-cem Use Tax for transportauon recently approvea by the voters oi' Pitkin County. 3. Authorization to Negotiate. The Governments are authorized to appoint a negouating team for acqtusmon of the Property. The team shall be made up of at least three individuals and shall include at [east one elected official. The Negotiating Team shall act as the buyers representative and work directly with the Owner to determine the nature of the Property pmor to developing agreeable terms for the purchase of the Properff.. Once an ownership and encumbrance evaluation, an opinion of the rights to the Property. held by the present owner, and an environmental audit of the Property is completed, and any other terms have [2een met to the satisfaction of all parnes to this intergovernmental Agreement. the Properqv shall be sold and retained in the ownership of the RFRHA until the termination of this Agreemem. 4. Purchase Price Exceeds Amount Designated. In the evem that the actual pumhase price, plus associated costs exceeds the 52.900.000.00 limttation mentioned above, the Governments may negouate an amendment to this Agreement for payment of such price and for a cost sharing formula to address that price. 5. Ownership of the Property. The Governments shall purchase the Property from the curre, nt owner based on thc level of participation defined above. Ownership of thc Property shall rest with and be managed by the RFRHA. The RFR3IA i; required to conduct this ownership of the Property. and will not sell. liquidate 6r'otherwise compromtse the existing nature of the property, without the approval of the Governments through the managing ~oard of Directors as defined b*low. 6. Management of the Property. a. RFRItA Board of Directors. The Property shall he managed, and use and elanmng for the Property shall be overseen by the Governments th.rough a Board of Directors ~the 'Board"}. Said Board shall oversee the use and ownership of the-property. The Board shaJI con~st of t~elve ~12} Directors. one (II each from the nine (9) Gove~n~ pamc~pat~ng ~ ~s Intergov~nmI Ag~em~nt. and ~e (3% cit~en at-large membe~ by the Boa~ of Di~to~. ~ch of ~e ~ee at-ia~ge m~mbe~ sh~I restde in and r~sent ~e t~e countie' pame~pating in this A~ement. b. Powers and R~ponsibiliti~ of the Board of Dir~ors. i. ~e Boa~ s~ll meet on at least a qua~eriy basis to discuss come,ne the ~e~ent and o~tion of the Pr~pe~. and will m~e decisio~ eff~tMg this ma~em~t a~-o~tion by co~e~s. ii. Co,emus is defined as ~ng when all of the D~cto~ attendance at ~e meeting do not disag~e wi~ the proposa{ given for resolve of ~ issue. ill ~ch Di~ctor rep~senting one of the Govemem~ shall hav~ abili~' ~o pameipate m o~taining co~en~us, iv. .M-large Directo~ s~lI have the ability to express their opi~on on issues, but shah not o~e~vise pamcipa~e in obmiMng co,emus. '. Each Di~tor shall hav~ the ability to pamcipate in fo=ing a co~en~, but s~ll be bound to exp~ss the di~ction of that Dir~tor's ~sg~tlx'e ~y when ~. ~e Board may aaop~ by-laws for o~tio~l procedures and m~ing dates of ~e Board. fii. A ~omm of at le~t seven (7) voting Di~to~ will be mqui~d to coquet a m~ing of the Boa~. ~ii. Meetings of the Boa~ will be ad~ately noticed in I~al publication, pum~ to the ~u~men~ of ~e Colo~do Open Meetings Act. Meetings the Board will be o~n to the public to arid and time will be atloued du~ng each mee~g for public cogent. ix. Work or se~lc~ ~ to ade~ately m~e ~e pr~e~ ~I1 ~ ~e ~ibili~ of the Bo~ of Di~to~. a~ will not be ~e ~o~ibiliw of ~veuaaen~ or ~e~ s~ff. ~e Boa~ of Di~to~ s~ll have ~e ability, if ade~ately ~. to con~ p~f~to~ se~ices a~ p~ ma~Is a~ se~iees as ~ec~a~ to ade~mly ~ge the p~. ~e ~aM oi D~t~ will not ~Ve ~e au~ofiw ~o hi~ ~ll-t~e f~ ~e m~g~t er pla~ng of the P~. e. L~io~ of the Bo~d of ~o~, ~e Bo~ of Di~cto~ ~ ~wer ~o le~ tax~. ~e BoaM of Di~m~ ~ not bi~ any of ~e Gov~er,~ to ac~o~ r~ pum~ to d~isio~. ~Uo~, res01utio~ or d. Si~'a~h[p of th~ ~. ~e ove~B ~oal~ of ~e ma~g~ i, To negotiate for the purchase of the Property on behatf of the Govewanents and to act as the Owner of the Property until the termination of ~i,~ Agraement; ii. To opcode the Pro~ in Ws ex,sung condition until comprehe~ive plan of actiop ~s developed to implement a tra~po~tion uso or t~ses appropfiat~ and agreeable to all of the Gove~en~. and iii. To develop and have approved such a comp~hemiv, plan. The Gove~en~ shall continue to rec~gmze any and all existing easements and l/comes g~nted to any of the panicipaung Govemmems by the ex~sting Owner upon purc~e of the Property, If any one Gove~enl wishes to utilke all or a portion of the Prope~ for a new or different use within the jurisdiction of that Gove~ent. ~t may do so provided that such a u~ dozs not preclude the desired ~m~ uses as determed by the Board of Directors. It is ~e resvonsibilitv of the Govement proposm~ this new or different use to prove and other/se i~ure that the use will not preclude any dealed ~mre use from occumng to the satisfacuon of the Board of Directors. The Oove~ents recogn;ze the ~otenual issues suxounding cerium ex,sung physical condifio~ ~t the Property. m oamcuiar ex~sfing and proposed at-grade crossings oy public aghts-of-way ,md accesses. Placement. modificauon. ~mprovement and/or relocation or' at-grade crossings will ~e ail~wed provided that those improvemen~ foli~w generally accepted standards and ~o not res,~lt qq negauvely imoacting the pmaw use of the Property, Attached as Exhibit 'B' is an im'ento~' or' the Property identifying and locating these at-g~de crossings and sp~ific standards to be requir:d of poss~ble improvement. e. Development of a Comprehensive Plan. A Comprehensive Plan for p~e~ (nereLiafter the "PI~'~ m~t be developed and approved by the Bsard prior to improvement of the prope~ for ~u~iic t~mpo~uon uses. ~e Plan shall include following: i. A li~ing a~ descripuou of possible uses for the prope~, mcludh~g bul nol limited to such imp~ve~enm neeessaw to place and operate a public tramp~mauon system, public trail, un. or access to public lands: ii. A demiled ~prov~en= and ope~no~ plan t~r the p~t%~d useis) on the ~rope~, incl~ing a r~o~ended m~gement and ~nding strategy. ~e Plan s~all be inte~te~ and develo~d in conjunction with o~er. existing pla~g p~esses evolving in [he valley, includine_ but not l~ited to ~e Built to BuRe~ Enwromenml Impact S~tement T~it Fe~ibili~ Study. the Snowmass to T~po~tion PI~. ~he Mount Sophs T~tion Project. ~e BuRe~ilk to A~n Enviromenml Im~ct Statem~ a~ ~e Gle~ Springs Alt~m R~te En~ro~en~ .~ssment. ~e Gove~ems ~er recog~e that Pi~n Counw p~semiv o~ a~mx~ately eigM miles of the Pr~pe~y as described within ~ibit 'C'. Cu~mly, this po~iou of the Pro~ ~s used ~y the public as a t~il and for recmtional access, and has been p~se~'ed by Pi~n Coumy as a potential tram~muon comdor. Pi~n Counw agrees to bind ~is poffio~ of P~pe~' to ~e conditio~ of t~s A~ment provid~ ~at the existing c~nditio~ and polici~ conceding ~his ~ion of zhe Pr~ a~ k~ in fore until such a t~e t~t the Agent ex~:~s or a comp~he~ve plan for the P~ ~s a~proved. The Goveu,nents shall develop, consider and approve the Plan for the Property within thiny- ~x (36) ntontrm of the date this Agr'eemem ts signed. Once the Pl~m for the Property is approved by all panicipaung Governments. this Intergovernmental Agreement will become 'null and vmd and a new agr~ment will be negottated. 7. Retention of Property. The Propers. will be retained in the Ownership of RFRHA tm'ouch the life of this Imergovernmen~al Agreement. An additional aureentent concerning sale of the property ntust be reached after the Plan /or the Property. is d~ev~oped and aoproved. Entire A~eement. TLis Agreement and the exhibits attached hereto contain the entire undew, anding of the pames. Ther~ are no representations, warrantieS', covenants or undertakings other than thos: expressly set forth herein. This Agreement may not be modified or amended except by writing, s~ened by all of the pames hereto, 9. Counterparts. This Agreement may be executed m counteroarts and. as executed, shall consumte one addendum binding on all panics hereto notwithst:inding that all ~ald nar~les are not s~gnatozS' lo the erlginai or same Agreement. 10. Recordation. t'~on full execution of this Agreentevz. the Agreement shall be placed of re,'ord in the real ~roperty. records of the Clerk and Recorder of Pitkin County, Eagle County and Garfie!d County. Colorado. 11. Binding Erl'ect. This Agre~ntent shall be binding upon and shall inure to the benefit of the par~ies hereto and their mspecuve heirs, successors and assigns. 12. Unenforceable Provision. If any provision of this Agreement shall be determined to be void by any court or com~enz jurisdiction, such determination shall n~t effec~ any. other pl'ovision hereof, all of which other provisions shall remain in full fon:e 'ao, d effect so long as all the material provisions hem/' can be performed. It is the in~ention of the pardt~ herod that; if a~' provision of this Agrt~mem is capable of two com'n'umions, one of which x~,ould render the provision void and the ~tber of which would render the provision valid. pr~vision x~dl have t~e nteaning which renders it valid. 13. Governing Law. The int~prt~ation, construction and pe~'ormance of Atreement shall be ~ovemed by the laws of the Sram of Colorado. In the es-em of aw lit~tinn, jurisdiction-and vetme'shalt be with the Courts of Pitkin Count., Eagle COUnty., or Garfield Co~m'y. Colorado. 14. Captlo~. Parayxaph h"~dings are ironed for couvenienee only and they. stroll in no way define, limit or prescribe the scol~ or imem of this Agra:mem. 15. lm-orance. RFRHA shall be reouired to obtain necessary irtmrance to ~,~e Pr .opera'. liability, from o~,,nership of the Pr~r~.. and liability, of ~e Board of Dir~:to~. Stroh ~r~urance may be obtained by ~ or by. lntergovenm~enml Avre~mem. msura,"~:.e for liabili .ty !:mrot'.ses ntus~ be m ~be minimum amounts of the GovernSmemal Irmmmi~ Act. Should staff be retained ~' the ~ of Directors. RFRHA ~ obtain unem~loyntem and wo~et's coml~ensatton insurance. 16. Compliance With Applicable l~'~s. At all tintes. RFRHA and the Board Directors of tN{ erin' ~ com~ly ,,t'lth all IXOVmons of the Colorado Consumtion and the Stunt',es of ~e S~ate e'f Cclerado. s~x ~6) mo~. a~ can ~ ~'~ for ~ly a~. ~b~c~ te~ un~ u~eflv/n~ ~s~ of ~ A~ a~ me~ If ~y or all of ~e Oo~en~ in, nd no~ :o re~,~-~be A~, ~ s~ll ~i~ ~ Boa~ of ~e inte~ ~ I0 ~w. Such n~fica~en ~ ~ ~de in ~g at 1~ ~ (~ cate~ days ~or to ~e end of ~y ~ of tDe A~. i~lud~g ~' ami ~m ~ ~imd by t~ Comfimti~n of the of Colomao. ~ON BOA~ OF CO~ C0~{ISSION~ BO~ OF CO~ COM~SSION~ P~N COL~. COLO~DO ~GLE COUNt. COLO~DO BOA~ OF CO~ COMMISSION~ CIIY CO~C~ GA~FiD CO~, COLO~DO G~NWOOD SP~NGS. COLO~DO Mildred Alsdorf. Don i<'. Duforci. Garfield Coun~ Clerk Garfield County Atlorlley Para Olive~ra. Chris Daly, C'it~ AttOl~t, Glenwood Springs Ci~ Clerk Gl*nwood Springs Suzanne Cerise. Bob Emerson. Carbondale Town Clerk Cax'bondale Town Attorney ShUrry Para Schilling, Caloia. -, Basalt Town Cl~k Basalt Town Attom~ Tmdi Worime. Steven C0unor. ~ Snowmass Village Town Clerk Suowmas~ Villag~ Town Attorney TERM OF AGREEI~ENT To the extent required by Article X, Section 20 of the Constitution of the State of Colorado, this Agreement is subject to annual renewal and appropriation by the parties hereto. To the exten~ not so required, this agreemen~ shall remain in full force and effect for thirty-six (36) months, and can be renewed for mutually accepted, subsequent terms until the underlying purposes of this Agreement are met. If any or all of the GoverD.ments intend not to renew the Agreement, they shall notify the Board of the intent not to renew. Such notification shall be made in writing at leas~ ninety ~90} calendar days prior to the end of any ~erm of the Agreement, including any a~nTuai term as req~/ired by the Constitution of the State of Colorado. _EXECUTION EXECUTED the date first Qritten above. BOARD OF COUNTY COMMISSIONERS BOARD OF COUNTY COMMISSIONERS P!TKIN COUNTY, COLORADO EAGLE TY, OLORADO Bo~ Child, 'Chair GARFIELB COUNTY, COLOR/LDO COLORADO Bucky A-rbaney, Chair Bob Zaneila, Mayor CITY COUNCIL BOA_RD OF TRUSTEES CITY OFASPEN, COLORA/DO CA/tBONDALE, COLORADO John Bennett, Mayor gill Grey, Mayor BOARD OF TRUSTEES TOWN COUNCIL TOWN OF BASALT, COLORADO SNOW--S VILLAGE, COLOPJ%DO Patrick Coll£ns, Mayor Jim Hoo~er, Mayor COLORADO DEPARTMENT OF TRANSPORTATION COLORADO TRANSPORTATION COMMISSION Berme Buescher. ComnnSsioner A'I-IILST: APPROVED AS TO FORM: Jean~tte Jones. Tim Whitsirt. Det~ty Pkkin CounB, Clerk~ Pit!d~ County Attorney ~gl~ Coun~ Clerk ~gle Counw A~omey Mil~ Alsdon'. Don ~ Dufoffi. ' G~eld Cou~ Oe~ G~eld Cou~ ARom~ Para Olive~ra, Chris Daly, City Attorney, Glenwood Springs City Clerk Glenwood Springs Kathryn Koch. John Wor~ster. - Aspen City Clerk A.sp~ City Attol'~l~t Suzanne ~erfii; Bob ~merson. Carbondale Town Clerk Carbondale Town 7 -16 E~CU lkD ~e da~e fi~ wfi~en above. BO~ OF CO~ COMMISSION~ BO~ OF COUN~ COMMISSION.S PItH CO~. COLORADO ~GLE COUNTY. COLO~DO Bob Child. Chair Joh;,ette Phillips, Chair BOARD OF COUNTY COMMISSIONERS CITY COUNCIL GAR.FIELD COUNTY. COLOP, ADO GLENWOOD SPRINGS. Buck'-y Arbaney, Chair Bob Zaneiia. Mayor CITY COUNCIL BOARD OF TRUSTEES CITY OF aSPEN. COLORADO CAI:I.BONDALE. COLORADO loire Bennett, Mayor Bill Grey, Mayor BOARD OF TRUSTEES TOWN COUNCIL TOWN OF BASALT. COLORADO SNOW'MASS VILLAGE. COLORADO Patrick Collins. Mayor lim'-H,~okei'~M~., or "'~\ COLORADO DEPARTMENT OF TRANSPORTATION COLOR.ADO TRANSPORTATION COMMISSION ~hibit ge 7 cf $ ATTEST: APPROVED A~ TO FORM: Tim Whiu~t. Jcanettr, Jones. Pitldn Ceun~. A~tomey Deputy Pitkin CounU Clerk lira Fntze. Sara Fischer. Eallle County Attorney [,.: Eagle County. Clerk - ' ' Don K. Du~ord. :,Eldr"= .%,l~dom Ga~iei~ CounW A~orney Garzieid CounLv Clerk Chris Daly, City Attorney, Para Otivetra. Glenwood Spnngs City. Clerk Glenwood Springs John Worce$~r. Kathrvn Koch. Aspe:i City. Clerk A~pen City Attorney Bob Emerson- Suzanne Cerise. Ca~l~ndale Town A~tomey Cariaondale Town Clerk [ · Sherr~ Caloia. Para Schilling, Basalt' ~own A~omey Basalt Town Clerk Trudt Worime. Sno~m!as$ Village Town Clerk SnoWmaS$ Village Town Attorlley Bob Child, Chair BO~ OF CO~ CO~ISSION~ cl~Y CO~L ~ n CO~. COLO~O ~L~D SP~GS, CO~O C~ OF ~P~, COLO~ ~0~. CO~ lolln BennY, Mlyor Bill Gr~y, Mayor BOARD OF TRUSTEE~ TOWN COUNCIL TOYPN OF BASALT, COLORADO KNOWMA.~ V~ · AGE, COLORADO lh~-ick Collie, MaTo~ ' Ihn Hooker. Mayor COLOI~ADO DEPA~ OF TI~RTATION ~. '° COLOR.~DO TI~..ANSPOR.TATION COM~t~eftON ~.~'~ % ~OARD Ol~ COUNTY COMMI~O1T~I~ CITY COUNC~L ~.; GARFr~n COUNTY. COLORADO GLEN'WOOD SPRINGS. COLORADO ': el'l-'/' COUNCIL BOARD ON CITY OF A.~, COLORADO CARBOKDALE, COLORADO BOARD OF Tl~.D~l~w...~ TOWN COUNCIL TOWN OF RA~ALT, COLORADO SNOWMA~S V~-~GE, COLORADO ~hn Hooker. E.XECL~ the da~ tim written abow:. 130ARD OF CO~ CO~I~ON~ ~0~ OF COU~ CO~ISSIO~ P~ CO~. COLO~O ~G~ CO~. CO~ Michael C. Irelal~i. C'hairm~ lohnelte Phillips. Chair BOARD OF COUNTY COMMISSIONERS CITY COUNCIL GARFIELD COUNTY, COLORADO GL~NW~D SPRINGS. COLORADO Buck5'. Arhaney. Chair Bob Zanella. Mayor CITY COUNCIL BOARD OF TRUSTEES CII'Y OF ASPEN. COLORADO CARBONDALE. COLORADO John Bennett. Mayor Bill Grey, Mayor BOARD OF TRUSTEES TOWN COUNCIL TOWN OF BASALT. COLORADO SNOWMASS VILLAGE. coLORADO Patrick Collins. Mayor Jim Hooker. Mayor ' COLORADO DEPARTMENT OF TRANSPORTATION COLORADO TRANSPORTATION COMMISSION Bernie Buescbex, Cou~issior~r ATTEST: - Don K. Dui'os'd, ~ildr~d Alsdorf.. Garfield County Attorney Garfield County Clerk '" Chris Daly, City Attorney, Para Oliveira. Gl~.nwOod Springs City Clerk Glenwobd Springs ~anne Ceri-~. ~ob Emersoa. Carbondal¢ Town Clerk Carbondal¢ Town Attorney TERM .OF AGREEMENT To the extent required by ~cle X. S~on 20 of ~e Comtimtion of ~ Sm~ of Colondo. th~ Agment ~ subj~ to a~ual ~wal a~ a~mpriation by ~e pames hero. To ~e ex,em not so ~. ~m a~mcnt s~l emro in ~ fore and eff~t t~r ~- s~x (36~ mom~. a~ ~n ~ ~ for mutably acc~tcd, subsequent te~ until ~e underlying ~s~ of ~ A~ ~ met. If any er all of ~e Gov~en~ intend not to ~w the A~em. ~ s~l noti~ the Boa~ of the intent no to renew. Su~ notification ~hall ~ ~de in ~g at le~t ~W (~) calend~ days prior to ~e end of ~=~ of ~e A~ent. i~lud~ ~y ami te~ ~ ~qu~ed by th~ Comfim6on of ~e of Cole~do. ~ON ~CU'I ED the ~ate tint w~uen above. BOA~ OF CO~ COMMISSION~ BOA~ OF CO~ COMMISSIONERS PI~N COUNt. COLO~DO ~G~ COUNTY. COLO~DO Bob Child. Chair ]ohnette Phillips. Chair-- BOARD OF COUNTY COMMISSIONERS CITY COUNCIL GARFIE'LD COUNTY. COLORADO GLENWOOD SPRINGS. COLORADO ~::kv .',,L,~ugC Chair Bob Zanelta. Mayor /9'l,ealAi, I ~. CITY COUNCIL BOARD OF TRUSTEES CITY OF ASPEN. COLORADO CARBONDALE. COLORADO John Bennett. Mayor Bill..~1~.. Mayor BOARD OF TRUSTEES TOWN COUNCIL TOWN OF BASALT. COLOILt~DO SNOWMASS ¥IIJ.AGE. COLORADO Patrtck Coilinx. Mayor Jim Hooker. Mayor The State recognizes that i~s grant is only a pz.-t of ibc tol~l purchase ~* pr/ce of $8_500.000 necessary for ac'quisilion of fl,,e right-of-way, and that if ~ entire funding is nol available ~o RFRHA and/of lhe County and City. that the agreement is terminated and the County and City shall remm any monies received by the State for purpose of the without fuflher obligation k; the $l~le. .~; r~ B. ~g anything herein to the conumy, b~e [=gdes ~nd and agree that all terms and condidom of this agreeme~ and anachmem hereto which may require continued pe~rmance or such ternination date and slmll be enforc~ble by the State as provided herein in the eve~ of such failure to perform or c~,V;y by the County C. This agx~en'f~ is subject to such modifications as rmy be required by changes in federJ! ov Sate hw. or their imple~-nfing t~uhtions. Any such ~ modific~dofl shaft amomatically be i,~x~porated imo and be part of this aweewent on the efFectiv~ date of such change as if fidly set forth herei~ Except as provided above, no modification of this ag~en%~ shall be effective unless agreed to in writing by both parties in an a~ to this agreeme~ that is propedy executed and al~mved in ~xlance with applicable law. D. To the extent ~ ~his.agree~*m may be executed and performance of the obligations of the lz~es may be accomplished within the intent of the agreetvz~ the terms of this agreenem me severable, and should for any reaso~ such inval~i~ or failure shaft not affect the validVfly of hereof ~hall nc~ corem]ed as a ~ of nny other term. or t~ san~ ~ a~eeme~ is inlended as the c~ integration of nil adc~ion, deledop., or od~ a~ ~ ishafl h~ve any force o~ effect lutsoe . uiess benin in lqo subsequent no~-a~oa, re~.-w'aL ~ ddetion, or o~er ameadma~ hereto shall V. GENERAL PROVISIONS A. This agreement may be termimted as follows: (a) Termination for Cause. If, through any cause, the County and City :hall fail to fulfill, in n timely nnd prolx~ manner, its obligations under this agreement, or if the County and Cily shall violate nny of the ~ov~nants, a~s. or stipulations of this ag~ement, the State shall thereupon have the right to temimte this agreement for cause by giving writzen notice to the County and City of such te,i~ntion nnd specifying the effective date of such termination.. In that event that the agreement is terminated for cause the County and City shall reimburse the State fl~e entire amount p~id to the County and City for the project in a lump strm pa~n'ne~t n~de within ~ (30) days of the termination. If after such ~mination it is ~ned, for any rensen, that the County and City was not in default, or that the County and City's action/inaction were excusable, soch termination shall be treated as a temination for eouvenience, and the rights'and obligations of the parties shall be the same ns if the agreement had been termlr~ted for agreement at any time ~'Sia~ determines that the ~ of the~, dis~lmtion of funds under the agreement wo~ld no Iouger be served by completion of the purchase. The State shall effec~ such tem~ination by gr~ng wnuen no, ce of temsnauon to the County and City specifying the effectlv~ date fl~eof, at least twenty (20) days befo~ (c) Tern~nafion .Due to Loss of ~K, The rrani~ recognize ~hat uhe C~-~iid City is to be paid. otherwi~ c'ompemated with funds which are available to the State for;' fl~e purpos~ of comraeting fo~ the purchase provided for herein, and therefore, the Coumy and City expressly understands nnd n~ that,:. ali its ri~,is, demand~ and claims .to ~tion nrlSing ut~ler agn~ement are contingem upon availability of Such funds to the State. In the evem that such fund~ or any part thereof are rot available to State. the State may immediately terminate ov amend this agreement. APP~O'VED ,,',,$ TO FORM: 5 '- Chris Oaiy] Ciqt A.ot'n~v. '~?r,~.~ C..r C!~ As'pen City At'rort~y ',:a,~'t?. C ,-'r '.~ Bob E.,'t~tson. i ' Legat Desc~p~uon of the pertion of O.smefi 'oy Pitkin Coumy .... '.: ~'~:=-~,~.,_~.~.~ - . ~.;~mm~L.: ~-- s~e o~ Colorado. :~i~ir wt~ ~e.b~l~gil,~i=- ,C * '- ........ · . -..:,..'- ~: IDENTIFIED ACCESSES AND USES FOR THE ROARING FORK RAIL CORRIDOR I ll]lll Ilt~ fiJjli I!ll IJll]l] Jill lllill Ill Ilil]l iii Roaring Fork Railroad Holding Authority June 20, 1997 CON1 LN · ~ LIST A - fnv~ntory, of Existing Uses (t. ir~ense A gn. eraenra. Lease Ag',~emenm Public crossing~, Historic Pending Contracr~ Many of these are revocable licenses; many. of th~se do.~ing to determine if 't', should conttnue to exist). LIST B - Proposed New Crossings 'I hat RFRHA. GOCO and CE Will Approve On A Conceptual Basis Without Further Review Identifi .~l Ulxoming Projects and Uses in the Corridor (Prior to Adoption of C-~[P) LIST C- New Crossings That RFRHA May Approve Upon Further I IIitli !~ I111I! Ifil lilllli 1111 lllill Ill llllll II1 I!I1 LIST OF ATTACHMENTS TO EXHIBIT I A 1'1 ACt-EVIENT I - License. Le~t~e. and E2sement Contracts ATTACH2M_ENT 2- Ci,ty of Glenwood Springs Crossings ATTACH2vlENT 3- Garfield County. Crossings ATTACH~IENT 4 - Eagle County. Crossings ATTACt-LMENT 5- Town of Carbondale Crossings ATTACta2elENT 6 - CDOT Wingo Crossing ATTACI-DrlENT 7 - Glen~'o0d Land Company Crossing ATTACt-LMENVl' 8 - Roaring l~ork Club Crossings Proposal A'I-rACHMENT 9 - Roaring Fork River Trail Plans ATTACI-LMENT 10 - Valuation Maps ATTACt'IMENT 11 - Basalt to Old Snowmass Trail Plans SPECIAL PROVISIONS DIS~DV~RTAGED BUSINESS E~-~cPRISE fda) funds under t~s aq~emen=. Conse~entty, the DBE re~iremePt~ of 49 CFR Parn 23 a~ly to this contractors shall tak~ ~11 r. ecesaa~; and r%ascnable steps in ~s~ness en=e~rises have the maxL~ c~o~unity to c~pete for ~CTICN ~. ~ co~tra~r (~ubreciDie~) ~hall be r~sponsible f~r cbtain~g th~ Disadva~taqed Busines~ Ente~rise Program of the Colorado A c~f c~ the ~E Pro~r~ is a~i~le S~aff Co~st~icn Engineer 42Q1 East ~kan~a~ Av~mue. ~o~ 287 De~v~r CO 80222-3400 Phone: ~3031757-92~1 and ~ill be mailed to the cDn~ra~or u~m r~est.