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Home My WebLink Aboutbocc.res.032.1999 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO AUTHORIZING THE BOARD TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH THE CITY OF ASPEN REGARDING SETTING FORTH RESPONSIBILITIES AND OBLIGATIONS RELATING TO THE MAINTENANCE AND IMPROVEMENTS OF THE MOLLIE GIBSON PARK Resolution No. 99-V" Recitals 1. The Board of County Commissioners of Pitkin County under the authority granted pursuant to C.R.S. § 29-1-201 and Article XIV, Section 18 of the Colorado Constitution is hereby entering into an Intergovernmental Agreement with the City of Aspen; and 2. The purpose of the Intergovernmental Agreement attached as Exhibit A, is to set forth the respective responsibilities and obligations of the governments relating to the maintenance and improvements of the Mollie Gibson Park to the City of Aspen. The Mollie Gibson Park is located on real property owned by Pitkin County as more fully described in Exhibit B attached hereto and incorporated by this reference; and 3. The Board of County Commissioners has determined that it is in the best interest of the citizens of Pitkin County to enter into this Intergovernmental Agreement. NOW THEREFORE, BE IT RESOLVED, by the Board of County Commissioners that is does hereby approve the Intergovernmental Agreement between Pitkin County and the City of Aspen and authorizes the Chair to sign an agreement in substantially the form attached as Exhibit A, as approved by the County Attorney. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 13th DAY OF JANUARY, 1999. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 16TH DAY OF JANUARY, 1999. APPROVED UPON SECOND READING ON THE 27TH DAY OF JANUARY, 1999. Resolution#99- �� Page 2 PUBLISHED AFTER ADOPTION IN THE WEEKEND EDITION OF THE ASPEN TIMES WEEKLY ON THE 6TH DAY OF FEBRUARY, 1999. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO V Jeiffaye Jones LesliaLam ;< J Diffiuty Clerk Chair Date: (9TT9 COUNTY MANAGER: Q,MM4 S oja- S a ne Konchan A PROVED AS TO FORM: Deborah Quinn Assistant County Attorney Uresos/MolGiiga.res CONVACT#, APPROVED BY RESOLUTION INTERGOVERNMENTAL AGREEMENT THIS INTER . }XRNMENTAL AGREEMENT (the "Agreement") is made this 1e day of ,G� 1999 by and between the Board of County Commissioners of Pitkin Cou y, Colorado, whose address is 530 East Main Street, Aspen, Colorado ("the County ) and the City of Aspen ("City"), whose address is 130 South Galena Street, Aspen, Colorado. The County and City are sometimes collectively referred to as the "Governments". RECITALS 1. 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. 2. The Governments are duly constituted governmental entities, governed by Boards or Councils elected by qualified electors of the County and City mentioned above, both of which are located in Colorado. 3. The purpose of this Agreement is to set forth the respective responsibilities and obligations of the Governments relating to the maintenance and improvements of the Mollie Gibson Park (the "Park"). 4. Board of County Commissioners' Ordinance #98-65 authorized the Board to release a deed of trust held by the Board in exchange for an escrow agreement between the County and Williams Ranch Joint Venture ("WRJV"), the escrow to be held as substitute collateral for improvements relating to the Park. In connection with previous development approvals for Smuggler Mine and for Williams Ranch, Williams Ranch Joint Venture had agreed to make improvements on the County property and to provide maintenance for such improvements. 5. These escrow funds have been released to WRJV with the exception of $7,400 delivered to the County, held for park improvements not yet completed to the satisfaction of the County. Those improvements include the replacement of six bristlecone pine trees for $2,400 and $5,000 to finish the eroded and washed out trail paralleling Smuggler Road. 6. Board of County Commissioners' Ordinance #98-26 authorized the conveyance by the County to the City of certain real property which includes the Mollie Gibson Park. 7. The City is unwilling to accept title to the property until the County quiets title to the property to eliminate clouds on the title caused by claims to the property made by Mr. Wilk Wilkinson. 8. Notwithstanding the ownership of the property, the City has agreed to maintain the Mollie Gibson Park and has received payment from WRJV for the assumption of the maintenance obligations. WRJV is aware and agreeable to the transfer of fund to the City and the acceptance to maintain the Park by the City. 9. The County desires to transfer to the City the $7400 in escrow funds, and the City is willing to accept such funds and the obligation to either use such funds for the purposes recited in paragraph 5 or reimburse such funds to WRJV. WRJV has agreed to the transfer of the funds and the responsibility related to such funds. 10. The Governments are authorized to enter into this Agreement, and have determined it is in the best interests of the citizens of Pitkin County and the City of Aspen to enter into this Agreement. 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. The County will transfer the sum of $7400 to the City for park improvements, specifically the replacement of six bristlecone pine trees and repair of the eroded and washed out trail paralleling Smuggler Road. 2. The City will hold the $7400 until improvements on the Park have been completed to the City's satisfaction.. 3. The City assumes maintenance of the Park, and the County has no further responsibilities or obligations with respect to maintenance of the park or the improvements required of WRJV. 4. 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. 5. 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. 6. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be hand delivered or sent by registered or certified regular mail, 2 postage pre-paid to the addresses of the parties as follows. Either party by notice sent under this paragraph may change the address to which future notices should be sent. Notice to the City of Aspen: City of Aspen c/o WHO 130 South Galena Street Aspen, Colorado 81611 Notice to Pitkin County: Pitkin County Board of County Commissioners c/o Pitkin County Manager 530 East Main Street, Third Floor Aspen, CO 81611 The foregoing Agreement is approved by the Boar of County Commissioners of Pitkin County at its regular meeting held on the o 7 --- day of 1994 and by the Aspen City Council of the City of Aspen at a regular meeting held on the day of 1998. BOARD OF COUNTY COMMISSIONERS, ATTEST: PITKIN COUNTY, COLORADO By: A);Zzz4e `i[ mac,/ Dorothea Farris, Chair Jea tte Jones, uty Clerk CITY OF ASPEN ATTEST: By: L-, ity Clerk Williams Ranch Joint Venture agrees to the terms of the above Agreement. Williams Ranch Joint Venture By: Ic\d\emmaroad\emmaiga2.doc 3 postage pre-paid to the addresses of the parties as follows. Either party by notice sent under this paragraph may change the address to which future notices should be sent. Notice to the City of Aspen: City of Aspen c/o WHO 130 South Galena Street Aspen, Colorado 81611 Notice to Pitkin County: Pitkin County Board of County Commissioners c/o Pitkin County Manager 530 East Main Street, Third Floor Aspen, CO 81611 The foregoing Agreement is approved by the Board pf County Commissioners of Pitkin County at its regular meeting held on the �Z day of oVIJi � 199'o and by the Aspen City Council of the City of Aspen at a regular meeting held on the day of SiGtire AV M2111 Lcn.. , 1998. 0-k/_y BOARD OF COUNTY COMMISSIONERS, ATTEST: PITKIN COUNTY, COLORADO By: 7�°C' 1C/� 746e Dorothea'Farris, Chair Jeanette Jones, Deputy Clerk CITY OF ASPEN ATTEST: By. City Clerk Williams Joint Venture agrees to the terms of the above Agreement. Willi s Ran ai� enture 0000, By: Ic\d\emmaroad\em Am 3