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HomeMy WebLinkAbout20060628emmawillitstrail Agenda Item Summary ;;>W',~". "'W""\.~"'''''.'''''~'''''''.,.';;'''''''"'''iiii"'';;Jlt".~,'m:i;a;,,1;h''''~h'"",:"",,''' To: Board of County Commissioners From: Dale Will, Director, Open Space and Trails gJd!J cc: Hilary Smith Date: 6/20/2006 Re: IGA supporting Emma-Willits Trail Link As discussed at our recent joint meeting, the Town of Basalt ("Town") is preparing to construct a trail and bridge parallel to Highway 82 from Emma to Willits. The Town has funded this project through and enhancement grant. The Town's actions are laudable given that this trail connection lies outside the Town limits, in unincorporated Pitkin and Eagles Counties, traversing the indefinite boundary between the two. CDOT has requested that both Eagle and Pitkin County endorse this trail by entering into an IGA as attached. This IGA does not require any financial contribution from the Counties. The Town will design and construct the trail and bridge, and will sign and hold the trail license on behalf of all three jurisdictions. This project will re-use on half of the former Maroon Creek pedestrian bridge to span the Roaring Fork River. RECOMMENDATION; APPROVE THE RESOLUTION AUTHORIZING THE BOARD CHAIR TO ENTER INTO THE IGA ON FIRST READING AND SET FOR PUBLIC HEARING. 1 A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO APPROVING AN INTERGOVERNMENTAL AGREEMENT WITH THE TOWN OF BASALT AND EAGLE COUNTY TO FACILITATE THE TOWN OF BASALT'S INSTALLATION OF A BRIDGE AND TRAIL BETWEEN EMMA AND WILLITS RESOLUTION # -2006 Recitals 1. The Pitkin County Open Space and Tails Program was established pursuant to Article 13 of the Home Rule Charter, which purpose includes the construction of non- motorized trails; and 2. The Pitkin County Open Space and Trails Program constructed and maintains the Rio Grande Trail which reached to the Pitkin-Eagle County Line at Emma, and also maintains the old Emma Trail which ties to the Rio Grande trail under Highway 82 at Sopris Creek; and 3. The Town of Basalt ("Town") desires to construct a connection ("Trail Connection") from Sopris Creek, and across the Roaring Fork River to connect with its Willits Trail. This connection will lie partly in Pitkin County, and partly in Eagle County within the State Highway Right of Way; and 4. The Trail Connection will enhance the public value of the Rio Grande and Old Emma Trails by expanding non-motorized recreation and transportation opportunities in the mid-valley; and 5. The Town of Basalt has obtained a State grant and will otherwise pay to construct and maintain the Trail Connection and will also obtain a bike pedestrian trail license from the Colorado Department of Transportation; and 6. Whereas the Trail Connection is largely within unincorporated Pitkin and Eagle Counties, the Colorado Department of Transportation has requested that the Town of Basalt enter into an IGA with these counties which acknowledges that the Town will construct and maintain this trail. NOW, THEREFORE, BE IT RESOLVED, that the Board of County Commissioners approves the attached Intergovernmental Agreement agreeing to the extension of Pitkin County Trails across the county line. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 28TH DAY OF JUNE 2006. r Ordinance #_-2004 Page 2 NOTICE OF PUBLIC HEARING PUBLISHED IN THE ASPEN TIMES WEEKLY ON THE 1 ST DAY OF JULY 2006. APPROVED UPON SECOND READING AND PUBLIC HEARING ON THE 12th DAY OF JULY 2006. PUBLISHED AFTER ADOPTION IN THE ASPEN TIMES WEEKLY ON THE DAY OF 2006. ATTEST: BOARD OF COUNTY COMMISSIONERS OF PITKIN COUNTY, COLORADO Jeanette Jones, Deputy Michael C. Ireland, Chair County Manager: Approved as to Form: Dale Will Open Space Director :) 06/20/06 INTERGOVERNMENTAL AGREEMENT CONCERNING THE BASALT/WILLITS TRAIL CONNECTION THIS AGREEMENT is made and entered as of the _ day of , by and between PITKIN COUNTY, COLORADO, by and through the Pitkin County Board of County Commissioners ("Pitkin County"), EAGLE COUNTY, COLORADO, by and through the Eagle County Board of County Commissioners ("Eagle County"), and the TOWN OF BASALT, by and through the Town Council of the Town of Basalt ("Town"), collectively referred to as the "Parties." WITNESSETH: WHEREAS, the construction of a bicycle-pedestrian trail along Highway 82 in the Roaring Fork River drainage, known as the Basalt/Willits Trail Connection Project (hereinafter the "Trail Connection") has been a longstanding community interest as recognized by the West Two Rivers Road Trail Feasibilitv Study and endorsed by the Mid Valley Trails Committee, the Basalt Planning and Zoning Commission, and the Basalt Town Council; and WHEREAS, the Town of Basalt, the Colorado Department of Transportation ("CDOT") have constructed the first legs of this trail which currently extend from Basalt to Emma and from Willits Lane to Hooks Lane; and WHEREAS, Pitkin County and Eagle County have constructed nearby trails which would be linked and enhanced by the Trail Connection; and WHEREAS, the Town of Basalt received funds from the CDOT Enhancement Grant Program to construct a trail west of Basalt ("Basalt/Willits Trail Connection Project #13661 "); and WHEREAS, the alignment for the Trail Connection follows along the north side of Highway 82 for approximately 1,000 feet within unincorporated sections of Eagle and Pitkin County before connecting to the existing Basalt trail along Willits Lane; and WHEREAS, a BikeIPedestrian Trail License is needed with the Colorado Department of Transportation to allow for the project to proceed; and WHEREAS, Pitkin County and Eagle County agree to endorse and support the placement of the trail within their jurisdictions and The Town of Basalt agrees to construct, manage and maintain the trail as more fully described below. NOW THEREFORE, in consideration of the mutual benefits to be derived from 06/20/06 ARTICLE ONE STATEMENT OF PURPOSE The purpose of this Agreement is to provide a mechanism so that Basalt may place, manage and maintain the Trail Connection project on CDOT right-of-way located within unincorporated Eagle and Pitkin Counties. To that end, Pitkin County and Eagle County will agree to join the Town of Basalt as the "Local Agency" for purposes of entering into a BikeIPedestrian Trail License with CDOT for placement ofthe trail within the State Highway 82 right-of-way. Further, Pitkin County and Eagle County authorize the Town of Basalt to construct, manage and maintain the public trail within their jurisdictions. ARTICLE TWO SCOPE OF SERVICES The Town of Basalt will use funds provided by a CDOT Enhancement Grant, combined with its own funds, to construct the trail connection, and will enter into a bike/pedestrian trail license for use of the CDOT right of way. ARTICLE THREE PERIOD OF AGREEMENT Upon the signing of this Agreement, it shall be in effect for the life of the CDOT Bike/Pedestrian Trail License, unless renewed prior to that date. ARTICLE FOUR TERMINATION BY ANY PARTY A. Any party may terminate this Agreement on ninety (90) days' notice to the other parties if it is reasonably deemed by any party that the Agreement is not fulfilling the objectives of said party. B. This Agreement may be renewed provided that mutually agreeable terms are reached between the parties. ARTICLE FIVE TOWN OF BASALT'S DUTIES A. The Town of Basalt shall expend the funds provided to design, have approved, obtain a bike/pedestrian trail license from CDOT, and construct the Trail Connection within the State Highway 82 right-of-way. j 06/20/06 B. Upon completion of the Trail Connection, the Town of Basalt shall be solely responsible for managing and maintaining the trail under the provisions of the BikeIPedestrian Trail License issued by CDOT. ARTICLE SIX INSURANCE / INDEMNIFICATION To the extent permitted by law, the Town of Basalt shall defend and hold harmless Pitkin County and Eagle County from and against any injury, claim or damage to any third party arising out of or in connection with the Town of Basalt's operations under this Agreement. Nothing in this Agreement, however, is intended or shall be construed to constitute a waiver on the part of Pitkin County, the Town of Basalt, or Eagle County of the provisions of Section 24-10-101 et seq., Colorado Revised Statutes, commonly known as the Colorado Governmental Immunity Act. ARTICLE SEVEN NOTICE Any notice provided for in this Agreement shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: Eagle County: Ellie Caryl ECO Trails PO Box 1070 3289 Cooley Mesa Road Gypsum, CO 81637 Town of Basalt: John Wenzel Director of Public Works 101 Midland Avenue Basalt, CO 81621 Pitkin County: Dale Will, Director Pitkin County Open Space and Trails 530 E. Main St., Ste 301 Aspen, CO 81611 ~ 06/20/06 ARTICLE EIGHT MODIFICATIONS AND WAIVER The Town of Basalt shall not assign any rights of duties under the Agreement to a third party without the written consent of Eagle County and Pitkin County, which shall determine the acceptability of the third party to Eagle County and Pitkin County. However, it is understood that the Town of Basalt will use sub-contract consultants and contractors to design and construct the Trail Connection. ARTICLE NINE MISCELLANEOUS PROVISIONS A. Independent Contractor. The parties of this Agreement intend that the relationship of Town of Basalt to Eagle County and Pitkin County is that of an independent contractor. No agent, employee or volunteer of the Town of Basalt shall be deemed to be an agent, employee or volunteer of Pitkin County or Eagle County. B. Successors. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, legal representatives, executors, administrators, successors and assigns; provided, however, that no party may assign nor delegate any of its rights or obligations under this Agreement without first obtaining the written consent of the other parties. D. No Third-Party Beneficiaries. No third party may enforce or rely upon this Agreement. E. Budget/Appropriation. Notwithstanding anything to the contrary contained in this Agreement, the parties shall have no obligations under this Agreement, nor shall any payment be made in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefore by each party in accordance with a budget adopted by the governing bodies of the parties in compliance with the provisions of Article 25 of Title 30, C.R.S., the Local Government Budget law (9 29-1-101 et seq.), and the TABOR Amendment (Colo. Constitution, Article X, Sec. 20). F. Costs. In the event that a dispute should arise relating to this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including staff time, court costs, attorney's fees, and other claim-related expenses. G. Severability. Should any part term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of ~ 06/20106 Colorado, or otherwise unenforceable or ineffectual, the validity of the remaining parts, terms, portion or provision shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance. H. Amendment. This Agreement may only be amended by a written agreement signed by the parties hereto and approved by the Basalt Town Council, the Eagle County Commissioners and the Pitkin County Commissioners. NOW, IN WITNESS TO THIS AGREEMENT, Pitkin County, Eagle County, and the Town of Basalt have signed and executed this Agreement this _ day of ,2006. II Rest of Page is Blank. Signature Page follows II cy; 06/20/06 PITKIN COUNTY: Chair, Board of County Commissioners ATTEST: Pitkin County Clerk EAGLE COUNTY: Chairman, Board of County Commissioners ATTEST: Eagle County Clerk TOWN OF BASALT Mayor ATTEST: Basalt Town Clerk q