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Home My WebLink AboutC06-245 CH~LC ~UUN! T~ ~U cl1rdo~tH:~JO:3 TEAK J SIMONTON 23 6 ell : :30PM 10/02/21006 REO: 000: $ 111111111I.1111 11111'11 1.111111 IJ II 1111, INTERGOVERNMENT AL AGREEMENT CONCERNING THE BASALT/WILLITS TRAIL CONNECTION AGREEMENT is made and entered as of the 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 ofthe 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 Feasibility 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 this Agreement, the parties agree as follows 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 of the 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 TERMINA TION 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. 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 I 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: Eagle County Engineer P.O. Box 850 Eagle, CO 81631 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 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 paliies 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 (s 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 stafftime, 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 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 wTitten 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, Eagl~ounty, and the Town of Basalt have signed and executed this Agreement this () day of 2006. // Rest of Page is Blank. Signature Page follows II PITKIN COUNTY: EAGLE COUNTY: \ Chairman, Board of Cou ty Commissioners ATTEST: .. TOWN OF BASALT Y ~~, l 1~~ ellAA~~ Mayor \ ATTEST: