HomeMy WebLinkAboutaspen.skico.parking.license.agr FIRST READING ON DRAFT RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING PITKIN
COUNTY TO ENTER INTO A LICENSE AGREEMENT WITH THE COLORADO
DEPARTMENT OF TRANSPORTATION AND THE ASPEN SKIING COMPANY
FOR THE PURPOSE OF OVERFLOW SKIER GUEST PARKING
[ ~GENDA ITEM SUMMAR~ I
TO:
BOARD OF COUNTY COMMISSIONERS
JANUARY 28, 2004
FROM: CHRIS SELDIN, ASSISTANT COUNTY ATTORNEY
RE: A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO ENTER
INTO A LICENSE AGREEMENT WITH ASPEN SKIING COMPANY AND THE
COLORADO DEPARTMENT OF TRANSPORTATION FOR USE OF THE
STAPLETON INTERCEPT PARKING LOT
[SUMMARY: ..~ In Department of Transportation, State of Colorado and Board
of County Commissioners of Pitkin County Colorado v. Craig Stapleton, et al, Case No.
00CV218, the Pitkin County District Court awarded Pitkin County and CD OT fee title to
certain property formerly owned by Craig Stapleton. A portion of the property has
historically been used by Aspen Skiing Company ("ASC") for overflow skier parking,
and the ASC desires to continue seasonal use of the property for that purpose. The
District Court order awarding title to the County and CDOT is currently on appeal.
The resolution attached hereto authorizes the BOCC to enter into the attached License
Agreement with CDOT and the ASC which allows ASC to utilize the Stapleton property,
non-exclusively, for overflow skier parking from December 13, 2003 to April 1, 2004,
subject to Aspen Skiing Company's agreement to maintain the property, discontinue use
thereof if requested to do so to accommodate public non-skier use and to maintain
insurance related to its use. The License Agreement is attached to the resolution as
Exhibit A for your review.
[ACTION REQUESTED:[ It is requested that the Board of County Commissioners
adopt a motion: Approving on first reading and set for public heating on February 11,
2004, A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF
PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO E~ER INTO A
LICENSE AGREEMENT WITH ASPEN SKIING COMPANY AND THE
COLORADO DEPARTMENT OF TRANSPORTATioN FOR USE OF THE
STAPLETON INTERCEPT PARKING LOT.
Attachment: Resolution with Draft Agreement
A RESOLUTION OF THE BOARD OF COUNTy COMMISSIONERS OF
PITKiN COUNTY, COLORADO AUTHORIZING PITKIN COUNTY TO ENTER
INTO A LICENSE AGREEMENT WITH THE COLORADO DEPARTMENT OF
TRANSPORTATION AND THE ASPEN SKIING COMPANY FOR THE
PURPOSE OF OVERFLOW SKIER GUEST PARKING
Resolution No. -2004
1. The Pitkin County District Court in the condemnation action Department
of Transportation, State of Colorado and Board of County Commissioners of Pitkin
County Colorado v. Craig Stapleton, et al, Case No. 00CV218, granted Pitkin County
and the Colorado Department of Transportation ("CDOT") fee title to property formerly
owned by Craig Stapleton, a portion of which has been historically used by Aspen Skiing
Company ("ASC") for overflow skier parking and is further described in Exhibit A to the
License Agreement.
2. The ASC wishes to continue to make use of a portion of the property for
overflow skier guest parking and the Board and CDOT are willing to allow them the non-
exclusive use of a portion for a term beginning December 13, 2003 through April 1,
2004.
3. The License Agreement attached hereto as Exhibit A sets forth the
respective responsibilities and obligations of the parties relating to the Agreement.
NOW, THEREFORE, be it resolved by the Board of County Commissioners of
Pitkin County, Colorado that the Board does hereby authorize the Chair to sign on its
behalf, the License Agreement attached hereto as Exhibit A between Pitkin Comity, the
Colorado Department of Transportation and the Aspen Skiing Company for the purpose
of providing overflow skier guest parking.
iNTRODUCED, FIRST READ, AND SET FOR PUBLIC HEARING ON 28TM
DAY OF JANUARY 2004.
pUBLISHED IN THE WEEKEND EDITION OF TIlE ASPEN TIMES ON THE
31STDAY OF JANUARY, 2004.
APPROVED AND ADOPTED UPON SECOND READING ON THE 11TM
DAY OF FEBRUARY 2004.
pUBLISHED, AFTER ADOPTION iN THE WEEKEND EDITION OF THE
ASPEN TIMES ON THE __ DAY OF 2004.
Resolution # - 04
Page 2
ATTEST:
BOARD OF COUNTY
COMMISSIONERS OF PITKIN
COUNTY, COLORADO
By:
Jeanette Jones
Deputy Clerk & Recorder
By:.
Dorothea Farris, Chair
Date:
APPROVED AS TO FORM:
Christopher Se~
Assistant County Attorney
MANAGER APPROVAL:
Hil~!T) F. Smith
County Manager
LICENSE AGREEMENT
This License Agreement is entered into among the State of Colorado by and through the
Colorado Department of Transportation ("CDOT') and the Board of County Commissioners of
Pitkin County, Colorado ("Pitkin County"), collectively referred to as Licensors, and Aspen
Skiing Company, a Colorado corporation ("ASC"), as Licensee.
Recitals
I. ASC operates the Buttermilk Ski Area and has, for the past several years, leased
property adjacent to the Buttermilk Ski Area and previously owned by Craig Stapleton for
purposes of overflow skier guest parking.
2. The property that A/SC leased from Craig Stapleton for overflow skier guest parking
together with other property owned b~ Craig Stapleton (collectively '~the Property") was the
subject of a condemnation action by CDOT and Pitkin County in Pitkin County District Court
captioned Department of Transportation, State of Colorado, and Board of CounW
Commissioners of Pitkin County, Colorado v. Crai~ R. Stapleton, et al., Case No. 00-CV-218.
CDOT and Pitkin County acquired fee title to the Property pursuant to the District Court's Rule
and Order in the referenced action. The District Court's Rule and Order awarding title to
Licensors has been reversed by the Colorado Court of Appeals. Licensors have filed a Petition
for Certiorari with the Colorado Supreme Court to seek review of the Court of Appeals' ruling.
As a result, title to the Property is currently still with Licensors, but future disposition of the
Property remains uncertain.
3. ASC wishes to continue to make use of a portion of the Property for seasonal skier
guest parking notwithstanding that CDOT and Pitkin County are now in possession of the
Property.
4. CDOT and Pitkin County are willing to allow ASC the non~exclusive use of a portion
of the Property for overflow skier guest parking during the period from December 13, 2003 to
April 1, 2004 provided that:
a. ASC's non-exclusive use shall cover the area of the Property being graveled
for use as transit/recreational parking; and
b. ASC's non-exclusive use for overflow skier guest parking shall be subordinate to the
general public's use for transit/recreational purposes; and
c. This license shall immediately terminate should Licensors be determined not to own
the Property.
Agreement
A. Licensors hereby grant to Licensee the non-exclusive right to use that portion of the
Property that is more fully described on the attached Exhibit A, being legal descriptions of
parcels 112D, 112E, 112F and 112G, for overflow skier guest parking. The grant of this License
is for the period from December 14, 2002 to April 1, 2003, provided, however, that this license
shall immediately terminate should Licensors be determined not to own the Property. This
License for overflow skier guest parking shall be subordinate to the general public's use of the
parking area described on Exhibit A for transit/recreational purposes.
B. In consideration for this License, Licensee agrees to plow snow as needed to clear the
entire parking area described on Exhibit A, to pick up trash and to otherwise maintain the
parking area during the period from December 13, 2003 to April 1, 2004. Licensee agrees to
place signs, in conspicuous places, on the Property subject to this License Agreement which state
the following:
Aspen Skiing Company and the owners of this Parking Area do not assume liability for
any damage or loss of personal property that occurs hereon. Vehicles and any valuables
or property contained therein are the sole responsibility of the owners or users of such
vehicles.
C. This License Agreement may be terminated by Licensors upon ten (I0) days written
notice to the Licensee if the use by Licensee's guests for overflow skier parking is determined by
Licensors to interfere with the use of the parking area by the general public for
transit/recreational purposes.
D. By entering into this License Agreement, Licensee shall and does hereby release,
discharge, indemnify and hold harmless the individual Licensors and their officials, employees,
agents and representatives from and against liability for any claim, demand, loss, damages,
penalty, judgment, expenses, costs (including costs of investigation and defense), fees (including
reasonable attorneys' and expert witness fees) or compensation in any form whatsoever for any
bodily injury, death, personal injury or property damage arising out of or in connection with any
negligent act, intentional act, error or omission by Licensee, and for any consequential liability
alleged to accrue against the Licensors on account of the Licensee's acts, errors or omissions. In
addition, Licensee shall investigate, process, respond to, adjust, provide defense for and defend,
pay or settle all claims, demands, or lawsuits related to Licensee's use and maintenance of the
Property as referenced herein, brought by third parties, at its sole expense and shall bear all other
costs and expenses related thereto, even if the claim, demand, or lawsuit is groundless, false or
fraudulent.
E. Licensee agrees to provide Licensors with a Certificate of Insurance which names the
individual Licensors as additional insured and which carries the following coverages and
amounts of insurance:
Commercial General Liability-ISO 1996 Form or equivalent
Each Occurrence Limit $I,000,000.00
General Aggregate Limit $2,000,000.00
2
o
Business Auto Coverage
Combined Single Limit Liability (each accident) $1,000,000.00
Coverage to include any automobile
The Certificate of Insurance evidencing such coverages, and the Licensors as additional insureds,
shall be provided to Licensors at the addresses below ten (10) days prior to the start date of this
License Agreement.
F. The parties hereto understand that nothing in this License Agreement waives any of
the rights, immunities or protections provided to Licensors under the Colorado Governmental
Immunity Act (C.R.S. § 24-10-101, et seq.). Further, nothing herein shall be construed or
interpreted to require or provide for indemnification of Licensee by the Licensors for any injury
to person or any property damage whatsoever which is caused by the negligence or other
misconduct of the Licensors, their agents or employees.
G. This Agreement is not assignable by either party hereto.
H. In the event legal action is necessary to enforce any of the provisions of this License
Agreement, the prevailing party shall be entitled to costs and reasonable attorneys' fees.
I. Any notices under this License Agreement shall be deemed delivered on the
occurrence of one of the following: (1) hand delivery to the other party; (2) within three (3) days
of being sent first Class certified mail, postage prepaid, remm receipt requested to the party at the
address below; or (3) when faxed to the party at the number below with confirmation of receipt:
To Licensee:
David Bellack, Esq,
c/oAspen Skiing Company
Post Office Box 1248
Aspen, Colorado 81612
Fax: (970) 823-4876
To Licensor CDOT:
Joe Elsen
CDOT/Region 3
202 Centennial Street
Glenwood Springs, Colorado 81601
Fax: (970) 945-6889
To Licensor Pitkin County:
John Ely
Pitkin County Attorney
530 E. Main Street, Suite 302
Aspen, Colorado 81611
Fax: (970) 920-5198
3
License Agreement entered into this
LICENSEE
ASPEN SKIING COMPANY
B Y :~D~Vile pres.
day of ,2002.
LICENSORS
STATE OF COLORADO
DEPARTMENT OF TRANSPORTATION
BY:
BOARD OF COUNTY COMMISSIONERS
PITKIN COUNTY
BY: Jack Hatfield, Chair
Approved as to form:
PI~y,y OFFICE
BY: Chn'stop'hcr_G. Seldin
STATE OF COLORADO '
DEPARTMENT OF TRANSPORTATION
BY:
b., m. 85 W., 6th P.M.
COUNTY
~ FOR DESCRIPTIONS OF
EASEMENTS E-I T~U
SEE SHEET 3 OF
Viii COLORADO
RIOHT OF WAY
SJk 82 PE CDRRIDOR
ARC - 147.88'
RADIUS ' 2342.00'
Oh -,¢31' 32'08"E
/ 147.84'
EXISTING R,O,W. PROJ.
~.W.P. 2Qt2-B NOV.
p.O.B. 112-A-REV,
TIE: SE COR. SEC.
BEARS: S15'
DIST: 1608.2D'
S88'
NH 0821-051 UNIT 1
REVISIONS
Parcel TE-113
PE-112-A~
Add 112-D Thru 112-t,
Rev..113&113-
Add Parcel 113-R
Remove Access Per. 122
~_ S.F. 82
- C-23
H, 113-A Rev ~C - 98.08'
)R. SEC. 3 RN}IUS · 5780,00'
4'07'4§"E Ch - S36'2§'21"E
C-22
ARC · 60.16'
RADIUS - 57B0.00'
Ch · S35' 39qS"E
8ANX
HE FRIEDL pFEiFER
~LE TRUST
25.06'
TIEHACK LAND PARTNlr. RS LTD. N50'5
99.97'
P.O.B.
TiE: SE COR, SEC, ~
60.lB' p.O,8, ll2-E BEARS: SOl' 47q3"E P.O.B.
98.08' TE: SE COR. SEC. 3 OIST: 1099.22'
BEARS: S15" 24'58%
P.O.E. l12-F, ~ l12-G D~ST: 1126.00' E×iST~,IGYR.O.W. PROJ.~
~. SE CD~ SEC ~ .~ ~.p. 2012-B
.~._ ~ - ~ / -~ .... ~O2' 55'59"W
461790