HomeMy WebLinkAboutbocc.res.046.2019Contract No. 327-19 - BOCC Attached
RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS ("BOCC") OF PITKIN COUNTY,
COLORADO, AMENDING RESOLUTION NO. 023-2019
AND APPROVING AN AMENDED
INTERGOVERNMENTAL AGREEMENT BETWEEN
THE BOARD OF COUNTY COMMISSIONERS AND
THE TOWN OF SNOWMASS VILLAGE
("SNOWMASS") FOR USE TAX COLLECTION
RESOLUTION NO. M -2019
RECITALS:
WHEREAS, Pursuant to Title 29, Article 1, part 2, Colorado Revised Statutes, as
amended (the "Intergovernmental Relations Statutes") and Article XIV, Section 18 of the
Colorado Constitution, governments may contract with one another to provide any function,
service or facility lawfully authorized to each of the contracting units and any such contract
may provide for the joint exercise of the function, service or facility, including the
establishment of a separate legal entity to do so.
WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter
("HRC") official action by formal resolution shall be required for all actions of the Board
not requiring ordinance power on matters of significant importance affecting citizens; and
WHEREAS, Pursuant to Resolution No. 149-1993 of the Board of County Commissioners of
Pitkin, a question was proposed and approved by the electorate of Pitkin, imposing an additional
1/z% use tax for the privilege of using or consuming in Pitkin any construction and building
materials purchased at retail; and
WHEREAS, Resolution No. 093-149 provided that the use tax on construction and building
materials be collected according to the procedures established by Resolution No. 088-1989 as
amended by Resolution No. 023-1989 and as they may be amended by future resolutions; and
WHEREAS, Resolution No. 002-2008 amended Resolution No. 023-1989 (in part) as
follows:
1) To collect, administer, and enforce the 1/z% use tax imposed by Resolution #93-149
for the privilege of using or consuming in Pitkin, any construction and building
materials purchased at retail. The use tax shall be imposed on the building materials'
purchase price.
2) That every person who is required to obtain a master building permit in Pitkin shall
remit a deposit to Pitkin at the time the building permit is issued at the rate of 0.5%
multiplied by fifty percent (50%) Qf the total valuation of the construction project
(as an estimate of the cost of construction materials). A master building permit is
the primary permit issued for a building or unit.
WHEREAS, Persons who are issued a building permit by the Snowmass Building Department
in the Pitkin portion of the Snowmass municipality, are subject to the amended provisions in
Resolution No. 023-1989 and as amended by Resolution No. 002-2008. Exemptions to this
legislation are non -profits and government projects; and
WHEREAS, Due to changes in the Colorado Department of Revenue's collection of sales
tax on deliverable goods purchased outside of Pitkin County, and the difference in the
amount of labor costs as a portion of the total project cost as compared to the national
average, the Board of County Commissioners determined that it was appropriate amend
Resolution No. 002-2008 to change the amount of the deposit from fifty percent (50%) to
ten percent (10%) as this will result in a use tax deposit more in line with the actual use tax
paid.
WHEREAS, Pitkin is requesting the Snowmass Building Department to collect a deposit from
taxpayers who apply for a building permit for a project in Snowmass that is within the
boundaries of Pitkin, equal to .5% of the established percentage as provided for in the most
current resolution in effect at the time of collection, of the construction estimate at the time of
building permit approval. Further, to provide additional information to Pitkin, to assist the
Pitkin Finance Department in determining which taxpayers are subject to the Pitkin use tax
requirements; and
WHEREAS, Pitkin and Snowmass wish to enter into an intergovernmental agreement for
the purposes of use tax collection and;
WHEREAS, Both Pitkin and Snowmass are governments authorized to enter into
agreements pursuant to C.R.S. § 29-1-203 for purposes including the provision of
any function, service, or facility lawfully authorized to each; and
WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin and
Snowmass to enter into this agreement in order to ensure the welfare of the citizens of
both governments.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
Pitkin County, Colorado that Pitkin County is authorized to enter into an it hereby
Approves a Resoluit Amending Resolution No. 023-2019 and Approving an Amended
Intergovernmental Agreement with the Town of Snowmass Village in substantially the
same form satisfactory to the County Attorney, and authorizes the Chair or designee, to
sign the resolution and the agreement on behalf of the County.
2
INTRODUCED AND FIRST READ ON THE /1& DAY OF JU U— 2019
ANDS T FOR SECOND READING AND PUBLIC HEARING ON THEA:--A-'DAY
OF f 1A o 2019.
NOTICE OF PUBLIC HEARING AND TITLE AND SHORT SUMMARY OF TRE
RESOLUTION PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE ��-DAY
OF t,' x. e._ .2019.
NOTICE OF PUBLIC HEARING AND THE FULL TEXT OF THE RESOLUTION
POSTED ON THE OFFICIA PITKIN COUNTY WEBSITE (www.pitkincounty.com )
ON THE i DAY OF 2019.
ADOPTED FTER FINAL READING AND PUBLIC HEARING ON THE
DAY OF �V h --e-- 2019.
PUBLISHED BY TITLE AND SHORTSUMMARY, ATTER ADOPTION, IN THE
ASPEN TIMES WEEKLY ON THE ` DAY OF ()% �,— , 2019.
U
POSTED BY TITLE AND SHORT SUMMARY ON THE OFFICI L PITKIN COUNTY
WEBSITE (www.pitkincounty.com) ON THEDAY OFU It_x 2019.
ATTEST:
B y` A lie I �
Jeatte Jones
Dep' y County Clerk
APPROVED AS TO FORM:
John Ely, C y Attorney
r
s�
BOARD OF COUNTY COMMISSIONERS
3
&fosc man, Chair
Date:
VGER PPROV L
hocvmlunty_Manager
Contract No. 327-2019 - BOCC
AMENDED INTERGOVERNMENTAL AGREEMENT BETWEEN THE PITKIN
COUNTY BOARD OF COUNTY COMMISSIONERS AND THE TOWN OF
SNOWMASS VILLAGE FOR THE PROVISION OF USE TAX COLLECTION
THIS INTE GOVERNMENTAL AGREEMENT (the "Agreement") is made this
day of cl f , 2019 by and between the Board of County
Commissioners of Pitki County, Colorado, ("Pitkin") whose address is 530 East Main Street,
Suite 302 Aspen, Colorado 81611 and the Town of Snowmass Village ("Snowmass"), whose
address is P.O. Box 60/ d Snowmass Village, Colorado 81615
RECITALS
WHEREAS, This Agreement is entered into pursuant to, inter alia, C.R.S. §§ 29-1-201, et
seq., and Article XIV, Section 18 of the Colorado Constitution.
WHEREAS, Pursuant to Resolution No. 149-1993, of the Board of County Commissioners
of Pitkin, a question was proposed and approved by the electorate of Pitkin, imposing an
additional 1/2% use tax for the privilege of using or consuming in Pitkin any construction and
building materials purchased at retail.
WHEREAS, Resolution No. 149-1993 provided that the use tax on construction and
building materials be collected according to the procedures established by Resolution No.
088-1989 as amended by Resolution No. 023-1989 and as they may be amended by future
resolutions
WHEREAS, Resolution No. 002-2008 amended Resolution No. 023-1989 (in part) as
follows:
1) To collect, administer, and enforce the 1/2% use tax imposed by Resolution #93-
149 for the privilege of using or consuming in Pitkin, any construction and
building materials purchased at retail. The use tax shall be imposed on the
building materials' purchase price.
2) That every person who is required to obtain a master building permit in Pitkin
shall remit a deposit to Pitkin at the time the building permit is issued at the rate
of 0.5% multiplied by fifty percent (50%) of the total valuation of the construction
project (as an estimate of the cost of construction materials). A master building
permit is the primary permit issued for a building or unit.
WHEREAS, Due to changes in the Colorado Department of Revenue's collection of sales tax
on deliverable goods purchased outside of Pitkin County, and the difference in the amount of
labor costs as a portion of the total project cost as compared to the national average, the Board
of County Commissioners determined that it was appropriate to amend Resolution No. 002-
2008 (in part) changing the amount of the deposit from fifty percent (50%) to ten percent
(10%) of the total valuation of the construction project. (as an estimate of the cost of
construction materials.)
WHEREAS, Persons who are issued a building permit by the Snowmass Village Building
Department in the Pitkin portion of the Snowmass Village municipality, are subject to the
amended provisions in Resolution No's 023-1989, 002-2008 and 038-2019 and as they may
be amended by future resolutions. Exemptions to this legislation are non -profits and
government projects.
WHEREAS, Pitkin is requesting the Snowmass Village Building Department to collect a
deposit from taxpayers who apply for a building permit for a project in Snowmass Village
that is within the boundaries of Pitkin, equal to .5% the established percentage, as provided
for in the most current resolution in effect, of the construction estimate at the time of building
permit approval. Further, to provide other information to Pitkin to assist the Pitkin Finance
Department in determining which taxpayers are subject to the Pitkin use tax requirements.
AGREEMENT
NOW, THEREFORE, for and in consideration of the mutual promises and
agreements of the parties and other good and valuable consideration, the adequacy and
sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Effective 4040 y{' s 14If , the Snowmass Village Building Department will
calculate 0.5% of the established percentage as provided for in the most current Board
of County Commissioners' resolution in effect at the time of collection, of any
construction project located in the Pitkin County portion of Snowmass Village and
collect this percentage at the time of building permit approval.
2. Snowmass Village will deposit this 05% deposit in a liability account and pay such
fees to Pitkin on a quarterly basis. Further, Snowmass Village will provide Pitkin
County with the following information:
A. On a quarterly basis, the address of the property, owner(s) name and contact
information for all properties that have been issued a building permit by the
Snowmass Village Building Department, which are located in Snowmass
Village and are within the boundaries of Pitkin.
B. On a monthly basis, a list of Certificate of Occupancies issued to owner(s) for
properties located within the boundaries of Pitkin.
3. Pitkin shall require the builder, within ninety (90) days of the issuance of a certificate
of occupancy, to reconcile the actual cost of construction vs., the amount deposited
and send the final reconciliation return to the county.
4. Assignability. This agreement is not assignable by either party.
5. Modification. This Agreement may be changed or modified only in writing, by
an agreement approved by the respective Boards of the Governments and signed
by authorized officers of each party.
6. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties and all other promises and agreements relating to the subject of this
Agreement, whether oral or written, are merged herein.
7. Severability. Should any one or more sections or provisions of this Agreement
be judicially adjudged invalid or unenforceable, such judgment shall not affect,
impair, or invalidate the remaining provisions of this Agreement, the intention
being that the various sections and provisions hereof are severable.
8. Termination Prior to Expiration of Term. Any Party has the right to terminate or
withdraw from this Agreement, with or without cause, by giving written notice to
the other Parties of such termination and specifying the effective date thereof. Such
notice shall be given at least ten (10) days before the effective date of such
termination. Termination of the Agreement relieves the cancelling or withdrawing
Party of any further responsibility under this Agreement except for specifically
identified obligations of a continuing nature based upon past performance under the
Agreement.
6. Notice. Any notice required or permitted under this Agreement shall be in
writing and shall be provided by electronic delivery to the e-mail addresses set forth
below and by one of the following methods 1) hand -delivery or 2) registered or
certified mail, postage pre -paid to the mailing addresses set forth below. Each party
by notice sent under this paragraph may change the address to which future notices
should be sent. Electronic delivery of notices shall be considered delivered upon
receipt of confirmation of delivery on the part of the sender. Nothing contained
herein shall be construed to preclude personal service of any notice in the manner
prescribed for personal service of a summons or other legal process.
To: Pitkin County With copies to:
Pitkin County Attorney's Office
530 East Main Street, Ste. 301
Aspen, CO 81611
attorney@pitkincounty.com
To: Town of Snowmass Village With copies to:
Town of Snowmass Village
Attorney's Office
P.O. Box
Snowmass Village, CO 81615
7. Government Immunity. The parties agree and understand that both parties are
relying on and do not waive, by any provisions of this Agreement, the monetary
limitations or terms or any other rights, immunities, and protections provided by
the Colorado Governmental Immunity Act, C.R.S. 24-10-101, et seq., as from
time to time amended or otherwise available to the parties or any of their officers,
agents, or employees.
8. Current Year Obligations. The parties acknowledge and agree that any payments
provided for hereunder or requirements for future appropriations shall constitute
only currently budgeted expenditures of the parties. The parties' obligations
under this Agreement are subject to each individual party's annual right to budget
and appropriate the sums necessary to provide the services set forth herein. No
provision of this Agreement shall be construed or interpreted as creating a
multiple fiscal year direct or indirect debt or other financial obligation of either or
both parties within the meaning of any constitutional or statutory debt limitation.
This Agreement. shall not be construed to pledge or create a lien on any class or
source of either parties' bonds or any obligations payable from any class or source
of each individual party's money.
9. Binding Rights and Obligations. The rights and obligations of the parties under
this Agreement shall be binding upon and shall inure to the benefit of the parties
and their respective successors and assigns.
10. Agreement made in Colorado. This Agreement shall be construed according to
the laws of the State of Colorado, and venue for any action shall be in the District
Court in and for Pitkin County, Colorado.
11. Attorney Fees. In the event that legal action is necessary to enforce any of the
provisions of this Agreement, the substantially prevailing party, whether by final
judgment or out of court settlement, shall recover from the other party all costs
and expenses of such action or suit including reasonable attorney fees.
12. No Waiver. The waiver by any party to this Agreement of any term or condition
of this Agreement shall not operate or be construed as a waiver of any subsequent
breach by any party.
13. Authority. Each person signing this Agreement represents and warrants that said
person is fully authorized to enter into and execute this Agreement and to bind the
party it represents to the terms and conditions hereof.
The foregoing Agreement was approved by the Board of County Commissioners
of Pitkin County, Colorado at its regular meeting held on the day of
U K,,�_ , 2019.
The foregoing Agreement was approved by [The Town of Snowniass Village
Council at its regular meeting held on the day of
2019.
In Witness whereof, the parties hereto have caused this agreement to be executed as of
the day and year first above written.
TOWN OF SNOWMASS VILLAGE
BOARD OF COUNTY COMMISSIONERS
OF PrrKIN CPUNTY, COLORADO
By:
Woschnian, Chair
0 —
Manager Approval:
By:—
Jon Peacock, County Manager
APPROVED AS TO FORM
\V4
B y:
ey
TA�tt�orn 44
APPROVED AS TO FORM
By:
49'hsi-ey' (Qua �-ttorn`ey
13. Authority. Each person signing this Agreement represents and warrants that said
person is fully authorized to enter into and execute this Agreement and to bind the
party it represents to the terms and conditions hereof.
The foregoing Agreement was approved by the Board of County Commissioners
of Pitkin County, Colorado at its regular meeting held on theme day of
Vt,-q_ , 2019.
The foregoing Agreement was approved by [The Town ol Snowmass Village
f2m.,
Council at its regular meeting held on the day of 11,641-
2019,
In Witness whereof, the parties hereto have caused this agreement to be executed as of
the day and year first above written.
TOWN OF SNOWMASS VILLAGE
By:
BOARD OF COUNTY COMMISSIONERS
OF PITKIN C NTY, COLORADO
By: aeexoschman, Chair
Manager Approval:
By �J�
Jon P"elaock, County Mana
APPROVED AS TO FORM
By: '5"C'k' q,4
Town Attorney
APPROVED AS TO FORM
By:
Jo Y, Co ttorney
---- V L-
B
TOWN OF SNOWMASS VILLAGE
TOWN COUNCIL
RESOLUTION NO. 34
SERIES OF 2019
A RESOLUTION AUTHORIZING THE ENTRANCE INTO AN
INTERGOVERNMENTAL AGREEMENT BETWEEN THE TOWN OF SMOWMASS
VILLAGE AND PITKIN COUNTY FOR THE COLLECTION OF USE TAX BY THE
SNOWMASS COMMUNITY DEVELOPMENT DEPARTMENT FOR REMITTANCE BY
THE SNOWMASS FINANCE DEPARTMENT TO PITKIN COUNTY
WHEREAS, the Town of Snowmass Village ("TOSV") and Pitkin County ("PitCo")
are both political subdivisions of the State of Colorado; and
WHEREAS, pursuant to C.R.S. §§ 29-1-201, et seq. and 29-20-105, local
governments are authorized and encouraged to cooperate or contract with other units of
government in matters set out in this Intergovernmental Agreement ("IGA"); and
WHEREAS, TOSV does not impose a Use Tax on construction materials and
supplies used or consumed in TOSV and PitCo does impose a Use Tax on construction
materials and supplies used or consumed in TOSV; and
WHEREAS, TOSV and PitCo desire to simplify and streamline the collection and
remittance of the PitCo Use Tax on construction materials and supplies used or
consumed in TOSV; and
WHEREAS, the Town Council desires to approve and enter into the proposed
Intergovernmental Agreement (°IGA") to establish a process to collect Use Tax payments
by the Snowmass Community Development Department and remit such payments by the
Snowmass Finance Department to PitCo; and
WHEREAS, the Town Council finds that the adoption of this Resolution is
necessary for the immediate preservation of the public health, safety and welfare.
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of
Snowmass Village, Colorado:
1. Aooroval of Proposal. The proposed IGA to establish a process to collect and
remit PitCo Use Tax, in the form of the Intergovernmental Agreement attached hereto as
Exhibit "A" and incorporated herein by this reference, is hereby approved and accepted.
Resolution No. 34.Series of2D1S
Page 2
2. Direction toTown Manager. The Town Manager is hereby authorized and
directed t0execute the Intergovernmental Agreement eeapproved,
3. Severability |fany provision of this R8S0|UUon or application hereof tVany
person or circumstance is held invalid, the invalidity shall not affect any other provision or
application of this Resolution which can be given 8Mg(t without the invalid provision or
application, and, to this end, the provisions of this Resolution are severable.
UNTRODWCED, READ AND ADOPTED, by the Town Council ofthe Town of
SOow0lass Village, C0k}[8d0, QD the 5th day of August 2019 UpOO 8 0O{tiOD made by
Council Member Sirkus, seconded by Council Member Shenk, and by a vote of 5 in favor
and Oopposed.
/RlioAa Coxon, Town Clerk
--�—
v
»--
�"rkeq.dor�`
---'7-7-
APPROVED AS FORM:
A�C. Dresser, Jr., Town Attor
AMENDED INTERGOVF:RNMENTAI. AGREEMEN 1 BETWEEN THE PITKIN
COUNTY BOARD OF COUNTY CONIMISSIONERS AND THE TOWN OF
SNOWMASS VILLAGE FORTHE PROVISION OF USE TAX COLLECTION
THIS INTERGOVF.RNMF.NI'A1. AGREEMENT (the "Agreement") is made this 5TH
day of August 2019 by and between the Board of County Commissioners of Pitkin County.
Colorado, ("Pitkin") whose address is 530 East Main Street, Suite 302 Aspen, Colorado 81611
and the `l -own of Snotir mass Village ("Snowmass"), whose address is P.O. Box 5010, Snowmass
Village, Colorado 81615
RECITALS
WHEREAS, This Agreement is entered into pursuant to, inter ilia, C.R.S. SS 29-1-201, et scq.,
and Article XIV, Section 18 of the Colorado Constitution.
WHERF.AS, pursuant to Resolution No. 149-1993, of the Board of County Commissioners of
Pitkin, a question was proposed and approved by the electorate of Pitkin, imposing an additional
use tax for the privilege of using or consuming in Pitkin any construction and building materials
purchased at retail.
WHEREAS, Resolution No. 149-1993 provided that the use tax on construction and building
materials be collected according to the procedures established by Resolution No. 088-1989 as
amended by Resolution No. 023-1989 and as they may be amended by future resolutions
WHEREAS, Resolution No. 002-2008 amended Resolution No. 023-1989 (in pan) as follows:
1) To collect, administer, and enforce the', 2% use tax imposed by Resolution 493149
for the privilege of using or consuming in Pitkin, any construction and building
materials purchased at retail. The use tax shall be imposed on the building materials'
purchase price.
2) That every person who is required to obtain a master building permit in Pitkin, shall
remit a deposit to Pitkin at the time the building permit is issued at the rate of 0.5%
ntuttiplied by fifty percent (50%) of the total valuation of the construction project
(as an estimate of the cost of construction materials). A master building permit is
the primary permit issued for a building or unit.
WHEREAS. Due to changes in the Colorado Department of Revenue's collection of sales tax
on deliverable goods purchased outside of Pitkin Countti, and the difference in the amount of
labor costs as a portion of the total project cost as compared to the national average, the Board
ofCounty Commissioners determined that it «as appropriate to amend Resolution No. 0022004
(in part) changing the amount of the deposit from fifty percent (50%) to ten percent (10%) of
the total valuation of the construction project. (as an estimate of the cost of construction
materials.)
WHERF,AS. Persons who are issued a building permit by the Snox%mass Village Building
Department in the Pitkin portion of the SnoRmass Village municipality, are subject to the
amended provisions in Resolution No's 023-1949. 002-2004 and 034-2019 and as they may be
amended by future resolutions. Exemptions to this legislation are non -profits and government
projects.
WHEREAS, Pitkin is requesting the Sno« mass Village Building Department to collect a deposit
from taxpayers who apply for a building permit for a project in Snowmass Village that is N%ithin
the boundaries of Pitkin. equal to 0.5% the established percentage. as provided for in the most
current resolution in effect, of the construction estimate at the time of building permit approval.
Further. to provide other information to Pitkin to assist the Pitkin Finance Department in
determining «hich taxpayers are subject to the Pitkin use tax requirements.
AGRF,E:i IFNT
NOWTHEREFORF, for and in consideration of the mutual promises and agreements
of the parties and other good and valuable consideration, the adequacy and sufficiency of NNhich
i�, hereby ackno�\ledged, the parties agree as follo%ks:
I. Effective August 05. 2019, the SnoNNmass Village Building Department will calculate
0.5% of the established percentage as provided for in the most current Board of County
Commissioners' resolution in effect at the time of collection. of any construction project
located in the Pitkin County portion of Sno«nmss Village and collect this percentage at
the time of building permit approval.
2. SnoNltnass Village will deposit this 0.5% deposit in a liability account and pay such
fees to Pitkin on a quarterly basis. Further. Snownass Village will provide Pitkin
Count. with the follo«ina information:
A. On a quarterly basis. the address of the property, owner(s) name and contact
information for all properties that have been issued a building permit by the
Sno�Nmass Village Building Department. Much are located in Sno,��mass
Village and are within the boundaries of Pitkin.
B. On a monthly basis, a list of Certiticate of Occupancies issued to owner(s) for
properties located s�ithin the boundaries of Pitkin.
3. Pitkin shall require the builder. within ninety 0 0) days of the issuance of a certificate
of occupancy, to reconcile the actual cost of construction vs., the amount deposited and
send the final reconciliation return to the county.
4. Assignability. This agreement is not assignable by either party.
5. Modification. 1 his Agreement may be changed or modified only in writing, by
an agreement approved by the respective Boards of the Governments and signed
by authorized officers of each party.
6. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties and all other promises and agreements relating to the subject of this
Agreement. whether oral or written. are merged herein.
7. Severability. Should any one or more sections or provisions of this Agreement be
judicially adjudged invalid or unenforceable, such judgment shall not affect. impair, or
invalidate the remaining provisions of this Agreement, the intention being that the
various sections and provisions hereof are severable.
8. "f ermination Prior to Expiration of Perm. Any Party has the right to terminate or
withdraw from this Agreement, with or without cause, by giving written notice to the
other Parties of such termination and specifying the effective date thereof. Such notice
shall be given at least ten (10) days before the effective date of such termination.
Termination of the Agreement relieves the cancelling or withdrawing Party of any
further responsibility under this Agreement except for specifically identified
obligations of a continuing nature based upon past performance under the Agreement.
6. Notice. Arry notice required or permitted under this Agreement shall be in writing and
shall be provided by electronic delivery to the e-mail addresses set forth below and by
one of the following methods 1) hand-delivery or 2) registered or certified mail, postage
pre-paid to the mailing addresses set forth below. Each party by notice sent under this
paragraph may change the address to which future notices should be sent. Electronic
delivery of notices shall be considered delivered upon receipt of confirmation of delivery
on the part of the sender. Nothing contained herein shall be construed to preclude
personal service of any notice in the manner prescribed for personal service of a
summons or other legal process.
To: Pitkin County With copies to:
Pitkin County Attorney's Office
530 East Main Street, Ste. 301
.Aspen, CO 8161 1
attorney '�i pitkincounty.corn To:
'I ow n of Snowmass Village
With copies to:
To«n of Sno%�mass Village
Attorney's Office
P.O. BOX
Snowinass Village, CO 81615
7. Government Immunity. The parties agree and understand that both parties are
relying on and do not waive, by any prep isions ofthis Agreement, the monetary
limitations or teens or any other rights. immunities, and protections provided
by the Colorado Governmental Immunity Act. C.R.S. 24-10-101, et seq., as
from time to time amended or otherwise available to the parties or any of their
officers, agents, or employees.
8. Current Year Obligations. The parties acknoNN ledge and agree that any
payments provided for hereunder or requirements for future appropriations
shall constitute only currently budgeted expenditures of the parties. The parties'
obligations under this Agreement are subject to each individual party's annual
right to budget and appropriate the sums necessary to provide the services set
forth herein. No provision of this Agreement shall be construed or interpreted
as creating a multiple fiscal year direct or indirect debt or other financial
obligation of either or both parties within the meaning of any constitutional or
statutory debt limitation. This Agreement shall not be construed to pledge or
create a lien on any class or source of either parties' bonds or any obligations
payable from any class or source of each individual party's money.
9. Bindino Rights and Obligations. The rights and obligations of the parties under
this Agreement shall be binding upon and shall inure to the benefit of the
parties and their respective successors and assigns.
10. Agreement made in Colorado. This Agreement shall be construed according to
the laws of the State of Colorado, and venue I'M- any action shall be in the
District Court in and for Pitkin County. Colorado.
1 I. Attorney Fees. In the event that legal action is necessary to enforce any of the
protiisions of this Agreement, the substantially pre%ailing party, whether by final
judgment or out of court settlement shall recover from the other party all costs and
expenses of such action or suit includin;; reasonable attorney fees.
12. No Waiver, The N�aivcr by any party to this Agreement of any term or condition
of this Aoreernent shall not operate or be construed as a waiver of any
C�
subsequent breach by an} party.
13. Authority. Each person sionina this Agreement represents and warrants that said
Pei -soil is fully authorized to enter into and execute this Agreement and to bind
the part) it represents to the terms and conditions hereof.
The foregoing Agreement was approved by the Board of County
Commissioners of Pitkin County, Colorado at its regular meeting held on the day of
J 1019.
The foregoingAgreenient %v as approved b., ('I he I o\\n of Snomnass Village Council
at its regular meeting held on the 5th day ot'ALI(Ulit 2019.
In Witness 4\ hereof, the parties hereto have caused thi.,, agreement to be exeCLited as of
the da) and year first above written.
TOWN OF SNOWMASS VILLAGE
Jff
By.
Marked 13 a} or
BOARD OF COI INTY
COMMISSIONERS OF III I KIN
COUNTY. COLORADO
Greg Poschnian, Chair
Manager Approval:
By
Jon Peacock. County Manager
APPROVED TO FORM BY
L
John C. Dresser, Jr..Toven
Attornes
APPROVED AS TO FORM
B)%