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HomeMy WebLinkAboutC07-284 IGA Town of Basalt_grange river parcelINTERGOVERNMENTAL AGREEMENT GRANGE RIVER PARCEL MANAGEMENT THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement") is made this day of , 2007 by and between the Board of County Commissioners of Eagle County, Colorado, whose address is 500 Broadway, Eagle, CO 81631-0850 ("the County") and the Town of Basalt ("Town"), whose address is 101 Midland Avenue, Basalt, CO 81621. 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 County and Town will acquire joint title to a certain parcel of land encompassing the Roaring Fork River as described in Exhibit A (the Property). 4. The purpose of this Agreement is to set forth the respective responsibilities and obligations of the Governments relating to maintenance of the Property. 5. The Governments are authorized to enter into this Agreement, and have determined it is in the best interests of the citizens of County and Town 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 Property will be held by the Town and the County as tenants in common. 2. The Property will be encumbered by a conservation easement running to Pitkin County and the Roaring Fork Conservancy prior to its conveyance to the Town and County. 3. The Governments agree to work cooperatively on a management plan for the Property, and agree that such plan should attempt to address the preservation of the natural features of the Property, the protection of wildlife habitat on the Property, and development of any trails or other recreational features, if any, on the Property. 533153.1 LOCO redline 4. The Governments agree that, following the Closing, the development of any trails or other recreational features on the Property shall require the written consent of both parties. 5. The Governments further agree to that, except as otherwise provided herein, the Town retains all responsibilities and shall bear all costs and liabilities of any kind related to the ownership, operation, upkeep, and maintenance of the Property, including weed control and eradication and the maintenance of adequate liability insurance coverage, which names the Grantees as an additional insured. The Town will also be solely responsible for obtaining any applicable governmental permits and approvals for any construction or other activity or use, and all such construction or other activity or use shall be undertaken in accordance with all applicable federal, state, and local laws, regulations and requirements. Finally, the Town shall keep the Property free of any liens arising out of any work performed for, materials furnished to, or obligations incurred. 6. The Governments agree that the Property shall never be subdivided by legal or other means and that no partition of the Property will be sought by either Government. 7. This Agreement and the Contract may be changed or modified only in writing by an agreement approved by the respective Board or Council of the Governments and signed by authorized officers of each party. 8. 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. 9. 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, 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 by informing the other party of such change in writing by certified U.S. Mail at the following addresses: Notice to the Town: With a copy to: TOWN OF BASALT Attn: Town Manager 101 Midland Avenue Basalt, CO 81621 Phone: 927-4701 Fax: 927-4703 Tom Smith, esq. 600 E Hopkins Ave. Aspen, CO 81611 2 Grange River Parcel Basalt/Eagle IGA Notice to the County: With a copy to: Phone (970) 925-4600 Fax: (970) 925-4720 Eagle County Board of County Commissioners 500 Broadway PO Box 850 Eagle, CO 81631-0850 Phone: 970-328-8612 Fax: 970 328-8699 Bryan Treu, Esq. Eagle County Attorney 500 Broadway PO Box 850 Eagle, CO 81631-0850 Phone: 970-328-8685 Fax: 970 328-8699 10. This Agreement may be executed in counterparts, the sum of which shall constitute the whole of this Agreement. BOARD OF COUNTY COMMISSIONERS, EAGLE LINTY, COLORADO By: TOWN OF BASALT Grange River Parcel 3 Basalt/Eagle IGA ATTEST: ATTEST: Town Clerk e°4 C, o� o- Exhibit A Parcel A: River Parcel A parcel of land situated in Tract 61, also being situated in Section 7, Township 8 South, Range 86 West and Section 12, Township 8 South, Range 87 West of the Sixth Principal Meridian, County of Eagle, State of Colorado and being more particularly described as follows: Beginning at a #5 rebar with an aluminum cap L.S. #2376 found on the southerly right of way line of Two Rivers Road as shown on the Boundary Exhibit Map of Two Rivers Road Annexation Map filed with the Town of Basalt as FF5-274A, whence Corner No. 5 of said Tract 61 bears South 00°27'04" East 2338.72 feet; thence South 00°55'14" East 210.33 feet; thence 137.50 feet along the arc of a non-tangental curve to the right having a radius of 703.50 feet, a central angle of 11°11'56" and subtending a chord bearing of South 74°35'09" East 137.29 feet to a point in a fence line; thence along said fence line the following courses: South 73141'27" East 154.77 feet; thence 255.24 along the arc of a non-tangental curve to the left, having a radius of 394.74 feet, a central angle of 37°02'51" and subtending a chord bearing of South 88°27'45" East 250.82 feet, thence North 75°39'33" East 73.34 feet; thence North 73°46'30" East 126.53 feet; thence North 72°28'29" East 166.03 feet to the northwesterly corner of the Basalt Sanitation District Parcel described in Book 215 at Page 65; thence along said fence line and the northerly line of said parcel North 73°28'20" East 655.00 feet; thence South 67°03'27" East 182.81 feet; thence departing said northerly line North 09°49'45" East 80.80 feet; thence South 80°43'08" East 312.87 feet; thence North 89°01'43" East 105.24 feet; thence South 58°23'53" East 28.86 feet; thence North 88115'14" East 117.03 feet; thence South 63°14'44" East 148.59 feet; thence South 72°31'35" East 239.66 feet; thence departing said fence line North 00°l 9'02" East 241.04 feet; thence North 85°22'01" West 434.42 feet; thence North 72°09'03" West 695.35 feet to a point on said southerly right of way; thence along said right of way the following two courses: South 81°41'54" West 52.63 feet; thence South 77°41'42" West 1041.00 feet; thence 454.76 along the arc of a curve to the right, having a radius of 2915.00 feet, a central angle of 8'56'19" and subtending a chord bearing of South 82°09'52" West 454.30 feet to the Point of Beginning. County of Eagle, State of Colorado