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HomeMy WebLinkAboutbocc.con.056.1975 7 - /y -7.5_ e56 (7?) 'N I TRACT #`" ` 4- /r7C AGREEMENT AGREEMENT made this day of , 1975, by and between the INNS OF COURT CONDOMINIUM ASSOCIATION, a Colorado corporation (hereinafter "Association "), and PITKIN COUNTY, COLORADO (hereinafter "County "), acting by and through its Board of County Commissioners. W I T N E S S E T H: WHEREAS, the Association is an existing, non - profit homeowners association organized for the mutual benefit of the individual owners of the Inns of Court Condominiums, Pitkin County, Colorado, and for the operation of all functions associated therewith; and WHEREAS, the L.R. Foy Construction Company, Inc., a Kansas corporation, is presently the owner of real property located in Pitkin County, Colorado, known as the Inns of Court Condominiums, Phase II, and has filed an application for Subdivision Approval with respect thereto; and WHEREAS, various conditions have been imposed upon the granting of such approval by the Pitkin County Planning and Zoning Commission ( "P & Z ") and the Pitkin County Board of County Commis- sioners; and WHEREAS, one such condition required the establishment of a shuttle bus system between the Inns of Court Condominium and both West Village and Sardy Field; and WHEREAS, the Association will, upon the completion of con- struction and Subdivision Approval assume the responsibility and obligation for the installation and operation of such shuttle bus service; and WHEREAS, the Association did provide shuttle bus service during the Winter Season of 1974 -75 in that it furnished a van -type vehicle, entirely owned by such Association, and provided all maintenance and paid all operating expenses therefor. Further that said Association is agreeable to continue such service throughout the term of this Agreement; and WHEREAS, the parties hereto desire to provide for the establishment and continued operation of said shuttle bus service by this Agreement; NOW, THEREFORE, it is hereby mutually agreed: 1. Bus Service. The Association agrees to provide, at its expense, shuttle bus service consisting of van -type vehicles for the Inns of Court Condominiums, Phase I and II, throughout the term of this Agreement, and upon the terms and conditions hereinafter set forth. The expense of the acquisition, maintenance and operation of such vehicles shall be borne by the Association, and such service may be supplied by the purchase of appropriate vehicles, the leasing thereof or any other available means which shall be adequate. The parties agree that the Association's obligation to provide transportation services pursuant to this Agreement by any means or by any source shall be limited to the cost of $6,000.00 per year. The Association warrants that it has the authority to enter into this Agreement, that it has obtained all necessary consents to enter into this Agreement, that it has taken all necessary action as a condition precedent to validly entering into this Agreement, and that it can legally assess the individual Inns of Court Condominium Unit owners for the costs of this service. 7 u 1 (75> 2. Basic Service. (a) "Basic service, "as used in this Agreement shall mean transportation service to be provided throughout the term of this Agreement in the form of van -type vehicles, or other vehicles appropriate for the transportation of groups of persons, in a reasonable quantity and in an amount not less than that required to adequately transport all persons desiring transportation to and from the West Village Mall, and provided on a basis of round trips occurring continuously between the hours of 8:00 A.M. to 10:00 A.M., from 3:00 P.M. to 5:00 P.M., and from 6:00 P.M. to 11:00 P.M. daily. Such service shall be provided only from Thanksgiving Day of each year during the term hereof through the last day of the ski season each year, determined by the closing of the Snowmass Resort ski lifts. (b) The Association understands that the West Village Association has presently indicated that it will implement an intra - resort shuttle -bus service for the winter ski season for 1975 -76, and the winter ski seasons thereafter, providing for shuttle -bus transportation between the Inns of Court and the West Village Mall, daily, and between the hours of 8:00 A.M. to 10:00 A.M., from 3:00 P.M. to 5:00 P.M., and from 6:00 P.M. to 11:00 P.M. daily. The Association warrants that, in the event such service is implemented by West Village Association, it will participate in the said service and will pay its share of the cost thereof charged by the West Village Association. The County agrees that such participation shall satisfy the Association's obligation herein to provide basic service, provided that in the event the West Village Association shall reduce or terminate such service and such service is not provided by some other entity or by some other means, then the Association shall reinstate shuttle -bus transportation to a level equal to that of the basic service, reduced by the amount of the service then provided, if any, by the West Village Association or by some other entity or means. 3. Number and Schedule. Subject to Paragraph 2(b) above, the Association agrees to provide bus service in the amount equal to the basic service, and in an additional amount sufficient to serve the need therefor, based upon a year - around operation and upon a regular- scheduled basis between the Inns of Court Condominiums and the Snowmass Village Mall, provided, however, that such vehicles shall always number at least one whether or not the obligation for basic service is being satisfied by the West Village Association or some other entity or means pursuant to Paragraph 2(b). The County shall have the right to review and approve any schedules established by the Association. The Association agrees to furnish all such schedules to the County upon demand and to cooperate fully with the Pitkin County Transportation Department to insure that maximum scheduling efficiency is achieved among all transportation services serving the West Village area and that duplication of transportation services is avoided as much as possible. Vehicles shall further be operated, in addition to the basic service, between the Inns of Court Condominiums and Sardy Field and /or a transportation center to be established in the future, on an as- needed basis, provided that a transportation vehicle(s) is then available at the time the request therefor is made. If not then available, such service shall be performed as soon as a vehicle or vehicles are available. All schedules established by the Association shall be in writing and posted in sufficient locations on the premises to insure that all residents of the Inns of Court Condominiums shall have the opportunity to become familiar therewith. -2- , 4. Present Service. As partial fulfillment of its obligation hereunder, the Association agrees to provide, during the term hereof, bus service as was provided by the Association during the Winter Season of 1974 -75, to wit: the furnishing of one Dodge Van and the payment of all maintenance and operating expenses thereof. The parties further agree that the Association may supply additional service, if any, by utilizing van passenger service provided as an adjunct to the services supplied by a professional management company employed by the Association to manage the said Condominiums. 5. Term. The term of this Agreement shall be until the earlier of the following occurs: (1) until the transportation requirements, for which the services are provided by this Agreement, are fulfilled by other private or public means -such determination to be made in good faith by the County after consultation with and upon the request of the Association; (2) until the County determines that such service is no longer needed; or (3) until the expiration of fifteen (15) years from the date hereof. If the County determines, during the term of this Agreement, that the shuttle bus services being then provided by the Association to Sardy Field are no longer needed pursuant to 2 above, for the reason that such services are replaced by those provided by the County, the County may, at its option, require the Association to pay annually to the County an amount of money in lieu of providing such service, such amount to be negotiated by the parties hereto in good faith and such sum to be subject to the terms of Paragraph 1. In no event shall such sum to be paid by the Association exceed an amount equal to the then prevailing cost of the services provided by the Association pursuant to the terms of this Agreement apportioned to the cost of transportation services to Sardy Field only. The parties hereto acknowledge that such services presently cost less than $1,000.00 per year, determined by the apportionate amount of the transportation services utilized in trips to Sardy Field as related to the entire cost of transportation service provided by the Association, said apportionate costs including the proportionate percentage cost of one vehicle, one driver, gasoline, oil, maintenance and all required insurance. In negotiating such sum, the parties shall consider all relevant factors including, without limitation, the cost to the County of the replacing services, the availability of State, Federal or other outside funds for such services, the proportionate amount of the cost of the replacing services allocated to the use made by the Association of such services, and the use made of the services provided by the Associ- ation by other entities, including the Aspen Law Center, Inc. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. INNS OF COURT CONDOMINIUM ASSOCIATION, INC. A EST: By *AV/ JAI"• . ic ka-q7C-Cekt -. PITKIN COUNTY COLORADO BY ITS BOARD OF COUNTY COMMISSIONERS w ,. ;sh ti T : BY V / Ai A ■ IOC (\.06. SA0ri BOARD OF COMMISSIONERS MEETING OF 7/14/75 -3-