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HomeMy WebLinkAboutresolution.council.040-75RECORD OF PROCEEDINGS 100 Leaves RESOLUTION NO. 40 (Series of 1975) WHEREAS, the Aspen City Council has been presented with a JOINT FACILITIES AGREEMENT providing for the use by the Aspen Skiing Corporation and Aspen Highlands Skiing Corporation of RubeyPark for the transport of skiers to their respective ski area facilities (a copy of which agreement is attached), and WHEREAS, Section 13.5 of the Home Rule Charter, while authorizing such agreements, requires that the same be approved by resolution, NOW, THEREFORE, BE IT .P~E~OLVED BY THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO: That it does hereby ratify and approve the JOINT FACILITIES AGREEMENT attached hereto and incorporated by this reference,and does authorize Stacy Standley III, Mayor, to execute the same on behalf of the C~f Aspen. / / S~CY ~ANDLEY III, MAYOR ,/ I, KATHRYN S. HAUTER, duly appointed and acting City Clerk of the City of Aspen, do certify that the foregoing is a true and accurate copy of that resolution adopted by the Aspen City Council at its Special Meeting held Monday, November 17, 1975. KA~HRYN ~. HAUTER, City Clerk b. Within the existing parking areas, there will be placed single lift asphalt. The estimated cost of the ~nprovements is Ten Thousand ($10,000.00) Dollars, and all improvements will be made as soon as possible in the Spring of 1976. Specifications for the improvements must meet City standards and receive the approval of the City Engineer prior to construction. 3. This Joint Facilities Agreement shall run for a term of five (5) years, beginnin~ on the date above given, such as to make the Rubey Park facilities available for the 1975-1976 ski season. The City may, at its election, terminate this Agreement with thirty (30) days written notice to the parties in the event the City shall determine to use the premises for other than its existing parking lot/park uses; provided, however, that if such notice is given during any Aspen ski season, or fewer than thirty (30) days prior to the commencement of any Aspen ski season, then the termination shall be deemed effective only at the end of the season during which, or immediately before which, said notice was given. ~. In the event, and only in the event, and at the time that the City shall determine to change the use of the park to other than parking and transportation related uses, there shall be rebated to the Aspen Ski Corp and Aspen Highlands (as their interests appear) an amount equal to the unamortized value of the improvements described in Paragraph 2 above, which value shall be determined by use of the straight line depreciation method. The amortization period shall be 5 years and shall commence on the date said improvements are completed. 5. Nothing herein shall be construed to preclude the public use of the alley or its use by City vehicles -3- (when compatible with the operations of Aspen ki Corp and Aspen Highlands) nor the use of the mazes after 5:30 P.M. each day by the City/County Transportation Department to facilitate the City/County Snowmass run. 6. As a condition of this grant of permission by the City, the Aspen Ski Corp agrees, for the life of this Agreement, to convert the existing Little Nell Parking Lot to high turnover parking, specifically, to limit parking to one (1) hour intervals and exclude parking (tow away) from 3:00 A.M. to 7:00 A.M. daily. To facilitate this arrangement, it is stipulated that, by virtue of this Agreement, members of the Aspen Police Department are authorized to ticket and tow vehicles violating these parking limitations, and the City Engineer is authorized to post appropriate signing. Anything herein to the contrary notwithstanding, the Aspen Ski Corp may designate five (5) spaces near its ticket offices in the Little Nell Building for the exclusive use of its employees (long term parking) and a "loading zone" near "Little Nell's" Restaurant to facilitate delivery services to the bar, restaurant, and other commercial uses within the building. 7. The City agrees to continue snow removal services in Alley 90 and on the 12 foot strip adjacent thereto where the buses stand for loading and unloading. It is antici- pated that Rubey Park will not be (except as specified herein) used for public or private parking and the remainder of the existing lot will not require snow removal or other maintenance. The construction, main- tenance and caretaking necessary to maintain the passenger mazes will be the responsibility of Aspen Ski Corp and -4- Aspen Highlands. The City will continue to insure the public areas of Alley 90 and Rubey Park and, on request, will name Aspen Ski Corp and Aspen Highlands as co-insureds. 8. Aspen Ski 'Corp agrees to fully maintain and repair the Little Nell Lot, be responsible for snow removal there- from, and keep the lot in a condition such as to make it at all times a usable parking facility. It is understood that the Aspen Ski Corp will continue to maintain public liability insurance coverage on Little Nell Lot and, on request of the City, will name it as co-insured. Nothing herein shall be construed to change the nature of the Little Nell Lot as private property or increase the responsibility of the City for the same. Aspen Ski Corp agrees to indemnify and hold harmless the City of Aspen from any and all claims for injury, property loss and/or damage that may arise by virtue of this Agreement insofar as it pertains to the Little Nell Lot, except those directly attributable to the negligence of the City's agents or employees. IN WITNESS WHEREOF, the parties have executed this Agreement on the date or dates given. CITY OF ~COLO~ --~ ~ Stac~ Sta~le%~ II~ Mayor / ATTEST: Kathryn .~/. Hauter, C~ty Clerk -5- Date: ASPEN SKIING CORPORATION Date: ASPEN HIGHLANDS SKIING CORPORATION By -6- JOINT FACILITIES AGREF, MENT THIS A~REEMENT made and entered into this 17th day of November, 1975, by and between the CITY OF ASPEN, COLORADO, a Municipal Corporation (hereinafter referred to as "City"), the ASPEN SKIING CORPORATION (hereinafter referred to as "Aspen Ski Corp") and the ASPEN HIGHLANDS SKIING CORPORATION (hereinafter referred to as "Aspen Highlands"), wherein it is stipulated and agreed as follows: RECITALS 1. The City is the owner of that property co~only known as "Rubey Park" consisting of Lots K, L, M, N, O, P, Q, R and S of Block 90, City and Townsite of Aspen. 2. The Aspen Ski Corp and Aspen Highlands wish to use the park for the waiting, loading and unloading of passengers for transport to their respective ski areas (Snowmass, Highlands and Buttermilk) during the ski season for a period of five (5) years. 3. The City is willing to make the area available for this use, subject to a commitment by Aspen Ski Corp and Aspen Highlands to construct paving improvements on the premises and subject to the City's right to terminate this Agreement on specified conditions. 4. The City Council may, pursuant to the authority granted to it by virtue of Section 13.5 of the Aspen Home Rule Charter, enter into agreements with persons and corporations for the joint use of public facilities and it wishes to exercise this authority to accommodate the needs of the other parties to this Agreement. AGREEMENT THEREFORE, in consideration of the mutual benefits to be derived herefrom, it is agreed by the parties hereto as follows: 1. That the City agrees to permit the Aspen Ski Corp and Aspen Highlands to use that area known as Rubey Park for the following purposes: a. To park buses (for purposes of loading and unloading only) as the needs of the parties may dictate; and b. To construct, substantially within the present parking lot area, mazes to facilitate loading and unloading of passengers. The park shall be used only for transport of passengers by bus to the ski area facilities (and related uses) and this grant shall be further limited to the period of the Aspen ski season, namely from Thanksgiving Day to approxi- mately mid-April each year. The City further agrees that the buses operated by or for Aspen Ski Corp and Aspen ~ighlands for the foregoing purposes shall have access to and from Rubey Park via the alley adjacent thereto (Alley 90). 2. In consideration for the use of the premises, Aspen Ski Corp and Aspen Highlands agree to be jointly and severally liable for the construction of the following Lmprovements in Rubey Park and Alley 90: a. There will be placed double lift asphalt on that twelve (12) foot strip adjacent to Alley 90 where it is anticipated that the buses will stand for loading and unloading purposes; and -2-