HomeMy WebLinkAboutresolution.council.081-04RESOLUTION # 81
(Series of 2004)
A RESOLUTION APPROVING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE CITY OF ASPEN, COLORADO, AND PITKIN COUNTY
SETTING FORTH THE TERMS AND CONDITIONS REGARDING FUNDING
PARTNERSHIP ON ASPEN HIGHLANDS AND CEMETERY LANE TRAILS
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
WHEREAS, there has been submitted to the City Council an
intergovernmental agreement between the City of Aspen, Colorado, and Pitkin
County, 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
That the City Council of the City of Aspen hereby approves that.
intergovernmental agreement between the City of Aspen, Colorado, and Pitkin
County regarding funding partnership on Aspen Highlands and Cemetery Lane
trails, a copy of which is annexed hereto and incorpOrated herein, and does hereby
authorize the City Manager of the City of Aspen to execute said agreement on
behalf of the City of Aspen. ,,
Dated: ~//~'-c~/. ~)//~'
Mayor
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 t~.~ City of Aspen, Colorado, at a meeting held August 23, 2004.
rat~f~n S./Koch, city ~lerk
INTERGOVERN3/rENTAL AGREEMENT
For Pitkin County Funding of Aspen Highlands Trail
THIS 12~rERGOVERNMENTAL AGREEMENT (the "Agreement") is made this __ day of
,2004 by and betwveen the Board of County Commissioners of Pitkin County Colorado, whose
address is 530 East Main St., Aspen Colorado 81611 (the "County") and the City of Aspen, whose address
is 130 South Galena Avenue, Aspen, Colorado 81611 (the "City).
RECITALS
The County has adopted an Open Space and Trails Program pursuant to Article I3 of the Home
Rule Charter under which funds are available for the construction of trails.
2. The City of Aspen also constructs and maintains a trail system.
The City desires to construct a trail from the Aspen Recreation Center to Aspen Highlands Village
which will cross the Aspen Hi.ghtands Open Space, owned by Pitkin County. The est/mated total
project is cost is $944,000.
4. The Aspen Highlands Trail will lie partly in each jurisdiction.
The City sought the $350,000 in County assistance for funding of this trail construction, and a this
amount was appropriated by the County in the Open Space and Trails Budget. The City sought an
additional $122,000 in County assistance, which was appropriated from the Open Space and Trails
budget. The total County expenditure for this project will be for half of the total project costs up
to $472,000.
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:
The City of Aspen will undertake all design and permitting for the Aspen Highlands Trail. Such
design is subject to approval by the Pitkin County Open Space and Trails Department. The
County will reimburse the City for half of the iotal project costs up to $472,000, after review of
related invoices and project cost accounting.
The City agrees to perform all routine maintenance, including sweeping the trail, keeping it free of
obstacles, seasonal painting, signing, etc., upon completion.
Pitkin County will reimburse the City for up to 50% of direct costs associated with capital
replacement and long term maintenance of the trail, including repaying and structural repair or
replacement, provided that the County has a dedicated open space or open space maintenance
fund, and provided that such replacement or repair projects are approved by both parties. Any
future Pitkin County payment towards maintenance project is expressly contingent upon Pitldn
County approval of the project and budget, and review of related invoices and project cost
accounting.
Public use of the trail will be governed by applicable law for the portion of the trail w}thin each
jurisdiction.
The foregoing Agreement is approved b/l? the Board, of County Commissioners County, Colorado
at its regular meeting held on the ~.~v~. day of ~ ~ , 2004. ~ ofl~itkin
The foregoing Agreeme..n~s approved BY the Aspen City Council at its'regular meeting held on the
c~ day o~L~rA?_ f~7.~. .004._ /,
In w/mess whereof the parties~hereto have Caused th/s agreement to be executed as of the day and year first
written.
BOARD OF COUNTY COMMISSIONERS
OF PITIC1N COUNTY
Dorothea Fares, Chair
APPROVED AS TO FORM
By
Hilary Fletcher Smith, County Manager
By:.
John Ely, Pitkin County Attorney
City of Aspen
APPi~OVED AS TO FORM
By: .~~
Steve Bar~ick, City Manager
Jorra--w o~c~esrer, k~ty Attorney
INTERGOVERNMENTAL AGREEMENT
For Pitkin County Funding of Cemetery Lane Trail
THIS INTERGOVERNMENTAL AGREE~MENT (the "Agreement") is made this day of
,2004 by and between the Board of County Commissioners of Pitkin County Colorado, whose
&ddress is 530 East Main St., Aspen COlorado 81611 (the "County") and the City of A~pen, whose address
is 130 South Galena Avenue, Aspen, Colorado 8161 t (the "City).
RECITALS
The County has adopted an Open Space and Trail~ Program pursuant to Article 13 of the Home
Rule Charter under whick funds are available for the construction of trails.
2. The City of Aspen also constructs and maintains a trail system.
The City desires to construct a trail parallel to Cemetery Lane which will connect to the Rio
Grande Trail, sections of which were built and maintained by each party.
The Cemetery Lane Trail will lie partly in each jurisd/ction.
The City sought the $150,000 in County assistance for funding of this trail construction, .and a this
amount was appropriated by the County in the Open Space and Trails Budget.
AGREEMENT
NOW, THEREFORE, for in consideration of the mutual promises and agreemems of the parties and other
good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree as
follows:
The City of Aspen will undertake all design and permitting for the Cemetery Lane Trail. The City
further agrees to maintain such trail uponcompletion.
The County will reimburse the City up to $150,000 of the construction costs of the Cemetery Lane
Trail.
Public Use of the trail will be governed by applicable law for the portion of the trail within each
jurisdiction.
4. The foregoing Agreement is approved by the Board of County Commissioners of Pitkin County,
Colorado at its regular meeting held on the __ day of ,2004.
5. The foregoin~ Agreement is approved bv the Aspen City Council at its regular meeting held on
the ~::~' day of ~_~ ~
2004. ~
In wimess whereof the parties hereto have caused tiffs agreement to be executed as of the day and year first
written.
BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY
Dorothea Fan'is, Chair
APPROVED AS TO FORM
Hilary Fletcher Srm~th, County Manager ~~2~~,~..~
Heten.~. ta~m~yo~'~ --
APPROVED AS TO FOR2Vl