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Home My WebLink Aboutresolution.council.095-98 I""'- RESOLUTION #95 (Series of 1998) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ASPEN AND THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, REGARDING THE WETLAND RESTORATION IN MAROON CREEK PARK AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, there has been submitted to the City Council an intergovernmental agreement between the City of Aspen, Board of County Commissioners of Pitkin County, Colorado, a copy of which agreement is annexed hereto and made a part thereof. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: Section 1 1"""", That the City Council of the city of Aspen hereby approves that intergovernmental agreement between the City of Aspen and the Board of County Commissioners, Colorado, regarding the Wetland Restoration in Maroon Creek Park, a copy of which is annexed hereto and incorporated herein, and does hereby authorize the Mayor of the City of Aspen to execute said intergovernmental agreement on behalf of the City of Aspen. Dated: /!hu~ ..ihU /,y! /99lr , / ~~ (?~-- John S. Bennett, Mayor o 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 July 27, 1998. ~)~k , ' ryn s. Koch, City"clerk C 9<;--/<';-:l- r--- INTERGOVERNMENTAL AGREEMENT ytIS INTERGO*NT~REEMENT (the "Agreement") is made this ? day of ','4# . .1998 by and between the Board of County Commissioners of Pitkin County, Colorado, whose address is 530 East Main Street, Aspen, Colorado ("the County") and the City of Aspen, Colorado ("Aspen"), whose address is 130 South Galena Street, Aspen, Colorado. The County and Aspen are sometimes collectively referred to as the "Governments", RECITALS !. This Agreement is entered into pursuant to, inter alia, C,R.S, g29-1-201, IZt seq, and Article XIV, Section 18 of the Colorado Constitution, 2, The Governments are duly constituted governmental entities, governed by Boards or Councils elected by qualified electors of the County and City mentioned above, both of which are located in Colorado, 3, The purpose of this Agreement is to set forth the respective responsibilities and obligations of the Governments relating to the Maroon Creek Wetlands Mitigation and Restoration Project ("the Project"), 1""'. 4, Pitkin County is required to construct a 25,400 square foot emergent wetland as mitigation for the disturbance created by the Maroon Creek pedestrian bridge placement under United States Anny Corps of Engineers ("the Corps") Nationwide Permit #19957272 (the "Permit"). The project site is located between Aspen Golf Course and the main stem of Maroon Creek at Township lOS, Range 85W, Section 2, Pitkin County, Colorado, This property is owned by Aspen and is known as "Maroon Creek Park", 5, Aspen agrees to allow the Project to proceed on Maroon Creek Park and desires to expand the project to approximately 170% of the acreage required under the Corps Permit. 6, The County has budgeted a total expenditure of Forty Thousand and 00/100 Dollars ($40,000,00) for the Project. 7, The Governments are authorized to enter into this Agreement, and have determined it is in the best interests ofthe citizens of Pitkin County and the City of Aspen to enter into this agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual promises and agreements of the parties and other good and valuable consideration, the adequacy and sufficiency of which is hereby acknowledged, the parties agree as follows: 1, Maroon Creek Wetlands Restoration and Mitigation Proiect: ~, A. The County shall: i) assume responsibility, procure, and pay for the planning and design of the Project. r', ii) pay for construction and materials costs for the 25,400 square feet of mitigation required by the Permit. The County will not pay for construction management costs or costs incurred by construction management. B, Aspen shall: i) assume responsibility, procure, and pay for the management, construction, and implementation of the Project and will fund all construction and material costs for acreage greater than the 25,400 square feet required by the Permit. ii) Aspen, or contractors hired by Aspen, will separate costs of the construction and materials for the required 25,400 square feet and invoice the County for these costs, C. The governments agree that the Project will comply with all provisions of the Permit and all other obligations specified therein, D, The County and Aspen will make personnel available for 3 years of monitoring and evaluation after the completion of the Project. ,'-"'" 2, Governmental Immunitv. The parties agree and understand that both parties are relying on and do not waive, by any provisions of this agreement, the monetary limitations or terms (presently One Hundred Fifty Thousand and 00/100 Dollars ($150,000,00) per person and Six Hundred Thousand and 00/100 Dollars ($600,000,00) per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, 24-10- 101, et, seq" C,R.S" as from time to time amended or otherwise available to the parties or any of their officers, agents, or employees, 3, Current Year OblilZations, 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 agreement are subject to each individual party's annual right to budget and appropriate the sums necessary t provide the services set forth herein, No provision of this agreement shall be construed or interpreted as creating a multiple fiscal year direct or indirect debt or other fmancial obligation of either or both parties Within the meaning of any constitutional or statutory debt limitation, This agreement shall be construed to pledge or create a lien on any class or source of either parties' bonds or any obligations payable from any class or source of each individual party's money, 4, Year 2000 Issues, The City and the County, to the extent permitted by law, hereby release and hold each other harmless from any and all claims and causes of action relating to performance of this agreement, of any nature whatsoever, in tort, contract, or otherwise, for any action, inaction, or for any loss or damage attributable to, resulting from, arising out of or in connection with a Year 2000 error, ,-.,... 3, Modification. This Agreement may be changed or modified only in writing by an Agreement approved by the respective 130ards of the Governments and signed by authorized officers of each party, 4. Severability, Should anyone or more sections or provisions of this Agreement be judicially adjudged invalid or unenforceable, such judgement shall not affect, impair, or invalidate the r'" r" ~ remaining provisions of this Agreement, the intention being that the various sections and provisions hereof are severable, ' 5, Notices, Any notice required or permitted under this agreement shall be in writing and shall be hand delivered or sent by registered regular mail, postage pre-paid to the addresses of the parties as follows, Either party by notice sent under this paragraph may change the address to which further notices should be sent, Notice to Pitkin County: Notice to The City of Aspen: Pitkin County Board of County Commissioners % Pitkin County Manager 530 E, Main Street, Third Floor Aspen, CO 8]611 City of Aspen % City Manager 1.30 S, Ga]ena Street Aspen, CO 8]6]] PITKIN COUNTY .( al~'U...'l...;.-)9--~ Dorothea Farris, Chairperson Pitkin County Board of County Commissioners CITY OF ASP'EN ATTEST: du.ri-k City Clerk