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Home My WebLink Aboutbocc.con.231.2010 CONTRACT # ;37 A RESOLUTION OF THE COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO, APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN FOR THE EAST OF ASPEN TRAIL H RESOLUTION # 009 -2010 RECITALS 1. The Pitkin County Open Space and Trails Board of Trustees is charged with the responsibility of acquiring trail properties and constructing trails, and; 2. The Pitkin County Open Space and Trails Board of Trustees has identified trails which connect communities to the existing Pitkin County trail network as beneficial and important to the people of Pitkin County, and; 3. The City of Aspen in undertaking the construction of a trail ( "East of Aspen Trail II "), connecting the City's sidewalk system just west of the Cooper Avenue highway bridge to Pitkin County's East of Aspen Trail adjacent to the river at Stillwater Drive, and; 4. The East of Aspen Trail II extends beyond the Aspen town boundary into Pitkin County, is located within State of Colorado right -of -way and crosses into property owned by the Stillwater Affordable HOA into a trail easement managed by Pitkin County, and; 5. The Open Space and Trails Board recommended the expenditure of $313,431 towards the construction of the East of Aspen Trail II, and the Pitkin County Board of County Commissioners approved this amount in the 2010 Open Space and Trails budget and; 6. The Open Space and Trails Board recommends that the County authorize the Intergovernmental Agreement attached hereto, outlining the funding and maintenance commitment for this East of Aspen Trail II project. NOW THEREFORE, BE IT ORDAINED, by the Board of County Commissioners of Pitkin County, Colorado as follows: The Board approves the execution of the Intergovernmental Agreement with the City of Aspen concerning the funding and maintenance of the East of Aspen Trail II, which: 1.) Authorizes the expenditure of up to $313,431 in County OST funds for the construction of the East of Aspen Trail II. 2.) Identifies the County as a funding partner in future structural repair or replacement projects for the trail, provided that the County has a dedicated Open Space and Trails 1 fund or open space maintenance fund, and provided that the County has reviewed and approved the project. , INTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON THE wax. DAY OF JUNE, 2010. at,i NOTICE'OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THEDAY OF JUNE, 2010. r Jolt et APPROVED AT SECOND READING AND PUBLIC HEARING ON TH1(r r DAY OF JULY, 2010. PUBLISHED AFTEV. ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THErDAY OF 44514.-W2010. ' 4t/•v5fr ATTEST: BOARD OF COUNTY COMMISSIONERS 0 OF PITN COUNTY, COLORADO �. i • _ I (,a,, , i KI � �_r" r 4' t"/1 J .' a Jones George New an, Ch. it De ,ty Clerk Date: • .1 APPROVED AS TO FORM: John EI�� Hil Fletcher t C•_.. Y - o� — rney Cod ty Manager • 14 I D 1 al S r ill, Director Open Space and Trails Program 2 INTERGOVERNMENTAL AGREEMENT For Pitkin County Funding of East of Aspen Trail II IS INTERGOVERNMENTAL AGREEMENT INTERGO (the "Agreement ") is mad this 2 b day of /t—,a/ 2010 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 Aspen, whose address is 130 South Galena Avenue, Aspen, Colorado 81611 (the "City). RECITALS 1. The County has adopted an Open Space and Trails Program pursuant to Article 13 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. 3. The City desires to construct a trail from the City's sidewalk system west of the Cooper Avenue highway bridge to Pitkin County's East of Aspen Trail adjacent to the Roaring Fork River at Stillwater Drive. The estimated total project is cost is $1,099,813. 4. The East of Aspen Trail II will lie partly in each jurisdiction. 5. The City sought the $313,431 in County assistance for funding of this trail construction, and this amount was appropriated by the County in the Open Space and Tra 4sBudget. The total County expenditure for this project will be for project construction costs up tal113 4,1�,�°: ., ''+ ',' 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: 1. The City of Aspen will undertake all design and permitting for the East of Aspen Trail II project. Such design is subject to approval by the Pitkin County Open Space and Trails Department. The County will reimburse the City for the total project construction costs for the scope of work located outside of city limits up to $313,431, after review of related invoices and project cost accounting. 2. The City agrees to perform all routine maintenance, including sweeping the trail, keeping it free of obstacles, seasonal painting, signing, etc., upon completion. 3. Pitkin County will be responsible for all direct costs associated with capital replacement and long term maintenance of the portion of trail located outside of City limits, including repaving and structural repair or replacement, provided that the County has a dedicated open space or open space maintenance fund. The City of Aspen will be responsible for all direct costs associated with capital replacement and long term maintenance of the portion of trail located inside of City limits, including repaving and structural repair or replacement, provided the City has a dedicated open space or open space maintenance fund. Any future Pitkin County or City of Aspen payment towards maintenance of the project is expressly contingent upon Pitkin County or City of Aspen approval of the project and budget, and review of related invoices and project cost accounting. 4. Public use of the trail will be govemed by applicable law for the portion of the trail within each jurisdiction. 3 The foregoing Agreement is approved b the Board o Copn y Commissioners of Pitkin County, Colorado at its regular meeting held on the day of _ (1/! �}- , 2010. Th foregoing Agreemen is approved by the Aspen City Council at its regular meeting held on the day nE 2010. In witness whereof the parties hereto have caused this agreement to be executed as of the day and year first written. BOARD OF COUNTY •MMISSIONERS OF P KIN COUNTY A (TEST By ' 1 COUNTY BY. i /- /I . ./, George Newm,. , Chair b. Je/ ette Jon Depu / Ierk APPROVED AS TO FORM / -.79.--.20/ 6 By t LC ' 7 r Hilary I3 Ftcher Smith, '' ounty Manager By: John Ely, '' ' _..nty Attorney • PEN CITY C UNCIL ATTEST By. •• By a ' L1 a . • * LLL1 2 Michael C. Ir land, Mayo City of Aspen APPROVED AS TO FORM ', ' 1p By: f T Steve Barwick, City Manager By: Ae, . / 'MP. J,hn W. • -- er, ity • ttomey ij