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HomeMy WebLinkAboutresolution.council.019-83RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. _1! (Series of 1983) A RESOLUTION APPROVING A PROJECT AGREEMENT BETWEEN THE CITY OF ASPEN AND THE COUNTY OF PITKIN SETTING FORTH THE TERMS AND CONDI- TIONS FOR PARTICIPATION IN A FOUR-YEAR CONSTRUCTION PLAN IN THE SMUGGLER NEIGHBORHOOD AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, there has been submitted to the City Council a Pro- ject Agreement between the City of Aspen and the County of Pitkin setting forth the terms and conditions for participation in a four-year construction plan in the Smuggler neighborhood, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: and reference; and does further authorize the date of this resolution, to execute said Section 1 That it does approve the agreement between the City of Aspen the County of Pitkin attached hereto and incorporated by this Mayor, on the effective agreement on behalf of the City of Aspen. Dated: , 1983. William L. Stirling, 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 the City of Aspen, Colorado, at a meeting held , 1983. kathryn S. Koch, City Clerk PROJECT AGREEMENT between PITKIN COUNTY COMMISSIONERS, PITKIN COUNTY, COLORADO and CITY OF ASPEN, ASPEN, COLORADO This Project Agreement, made and entered into by and between Pitkin County Commissioners hereinafter referred to as the "Coun- ty'' and the City of Aspen hereinafter referred to as the "City". W I TN E S S E TH: WHEREAS, planning studies indicate the need for substantial upgrading and improvements to open space, recreation, trails and to the roads, drainage, lighting and bridges in the Smuggler neighborhood, part of which is located within the territorial jurisdiction of the City of Aspen and part of which is located within unincorporated Pitkin County, and WHEREAS, a 267 unit employee housing development is proposed for that part of the Smuggler neighborhood lying in unincorporated Pitkin County, and WHEREAS, the parties desire to accomplish improvements to open space, recreation, trails and to the road, drainage, lighting and bridge facilities in the Smuggler neighborhood, and WHEREAS, a four-year reconstruction plan has been identified whereby the following will be improved in for the neighborhood Phase I: Phase I (1983) Mill Street Mill Street Bridge W. Gibson Avenue Red Mountain Road Spruce Street R.O.W. acquisition (Smuggler Park Circle) Storm Drainge from Smuggler Trailer Park budgeted funds in 1983 to construct WHEREAS, the County has the above stated Phase I improvements, and WHEREAS, in the construction of Phase I improvements a por- tion of County funds will be spent to improve roads and bridges located within the City of Aspen, and WHEREAS, the City will need to secure voter approval for funding its contribution to the costs of improvements in the Smuggler neighborhood, and NOW, THEREFORE, in consideration of the above premises, the parties hereto agree as follows: 1. The City agrees to permit and the County shall fund the construction of the aforementioned first phase of the construction schedule, currently estimated to cost Seven Hundred Five Thousand Dollars ($705,000.00), including engineering, right-of-way, con- struction management and all labor and material. The trail shelf and trail approaches under the bridge shall be on the north side of the river. 2. In consideration of the County's construction of the aforementioned improvements, the City agrees that it will submit to the electors of the City for their approval at an election to be held not later than December 31, 1983, or at such later time as the County may agree, an improvement and financing plan for the City's contribution to Smuggler neighborhood improvements in an amount not less than the final costs incurred by the County for construction of the aforementioned first phase of improvements. Prior to its submission to the voters, the City shall discuss the improvement plan with the County, but the City shall retain the right to make all final decisions with respect to the content of the improvement program. 3. The City (subject to voter approval) and the County shall equally share the costs of improvements over and beyond the initial amounts contributed by Paragraphs 1 and 2, above, to the extent they may mutually agree on the content of such additional improvements. 4. The County will, and by this agreement hereby does, dedicate its land in the vicinity of the Mill Street Bridge as public park in perpetuity. IN WITNESS WHEREOF, the parties Agreement on the date shown below. herein have executed this PITKIN COUNTY BOARD OF COMMISSIONERS a Date: APPROVED AS TO FORM: By. Chairman County Attorney CITY OF ASPEN Date: APPROVED AS TO FORM: By Mayor City Attorney