HomeMy WebLinkAboutC14-208 Town of Eagle MOU Eagle County, Co 201409553
Teak J Simonton 06/10/2014
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MEMORANDUM OF UNDERSTANDING
BETWEEN
TOWN OF EAGLE, COLORADO
AND
EAGLE COUNTY, COLORADO
THIS MEMORANDUM OF UNDERSTANDING ("MOU") is entered into on the ^ay of
114CUI , 2014 by and between the Town of Eagle, Colorado ("Town") a body
corporate and politic by and through its Board of Trustees, and Eagle County, Colorado
("County") a body corporate and politic by and through its Board of County Commissioners. The
Town and County shall jointly be referred to as the "Parties."
RECITALS
WHEREAS, the purpose of this MOU is to formalize a cooperative relationship between the
Parties for the management, operation, maintenance and improvement of the Brush Creek
Confluence Open Space portion of the property located at 111 Violet Lane, Eagle, Colorado
(such open space portion of the land shall hereinafter be referred to as the"Property") the entire
parcel shall herein after be referred to as the"Land"; and
WHEREAS, by Eagle County Resolution No. 2011-45 which is attached hereto as Exhibit 1 the
Board of County Commissioners recognized that approximately 65% of the Land is to be used as
open space with the remainder being used for future access and construction of a right-of-way
across the Land to allow secondary access to the Eagle County Fairgrounds, or other non-open
space uses at the discretion of the Board of County Commissioners; and
WHEREAS,this MOU is intended to address the Property and not that portion of the Land
which may be used for future access and construction purposes; and
WHEREAS, County acquired the Land on or about May 27, 2011 using a combination of open
space funds, general funds and a$160,000 contribution from the Town; and
WHEREAS, Eagle County Resolution No. 2011-45 also directed County staff to develop a
memorandum of understanding with the Town to establish(1) access to the western stream bank
of Brush Creek and the bank of the Eagle River downstream from the confluence of Brush Creek
and the Eagle River on property owned by the Town and adjacent to the Property; (2) long-term
maintenance of the Property; and (3) a future improvement plan for the Property; and
WHEREAS, the Parties desire to enter into this MOU pursuant to C.R.S. 29-1-201 in an effort to
make the most efficient and effective use of their powers and responsibilities by cooperating with
other governments; and
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WHEREAS, the Parties desire to ensure ongoing preservation of and public access to and use of
the Eagle River and Brush Creek.
MEMORANDUM OF UNDERSTANDING
1. The Parties agree to collaborate and cooperate with each other in the management,
operation,maintenance and improvement of the Property. Specifically,the Parties agree
to jointly prepare a mutually agreeable management and improvement plan("Plan")for
the Property.
2. The Plan will address management, monitoring, administration, and
information/education that may occur, all of which will be implemented as funding
allows. The Plan will require on-going cooperation and flexibility by the Parties to allow
for possible improvements and to address management needs as they arise.
3. The following list is intended as guidance only for preparation of the Plan. The Parties
agree that the items identified in this paragraph 3 may not appear in the Plan. Further, the
list is not intended to limit uses or matters to be addressed in the Plan. The Plan may
address the following:
a. permitted recreational uses
b. hours
c. no camping
d. weed control
e. site clean-up
f. possible future vegetation
g. trash
h. shade shelter
i. picnic table(s)
j. fencing
k. signage
1. stream enhancement
m. parking
n. pedestriarvbike bridge
4. Both Town and County agree that their respective open space staff will monitor the
Property from time to time and will identify any observed management issues to the
other.
5. The Parties agree to discuss and work toward sharing the costs of management, operation,
maintenance and improvements on the Property. Notwithstanding the foregoing, neither
party shall be required to contribute financially until specific needs are identified and
funds are budgeted and appropriated as required by law and as determined by Town and
County each in their sole discretion.
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6. County and Town are governmental entities and all obligations beyond the current fiscal
year are subject to funds being budgeted and appropriated.Notwithstanding anything to
the contrary contained in this Agreement, no payment shall be made after December 31
of any year without prior approval of a budget adopted in accordance with the provisions
of Article 25 of Title 30 of the Colorado Revised Statutes and Local Government Budget
Law (C.R.S. 29-1-101 et. seq)
7. Town will not locate any improvements (with the exception of#8 below) on the Land
without the prior written authorization of the County. Any improvements planned on the
Property by County shall consider input from the Town.
8. The Town desires to locate a Pumping Pad and Town Intake Structure and Weir on the
Property. The Parties agree to work cooperatively and in good faith to promptly prepare
an easement or easements, as appropriate, to document the respective rights and
obligations with respect to these proposed permanent improvements as represented on
Exhibit 2.
9. The Parties desire to maximize public recreational access to Brush Creek and the Eagle
River. As a result, the Parties shall also contemplate in the Plan access to the western
stream bank of Brush Creek and the bank of the Eagle River downstream from the
confluence of Brush Creek and the Eagle River on property owned by the Town and
adjacent to the Property identified in Exhibit 1.
10. The Parties will coordinate and involve volunteers in the management,planning, and
operation, including signing, condition surveys, construction, and maintenance activities
for the Property when appropriate.
11. The Parties will seek future funding opportunities, including grants to the extent
necessary or desired, for the improvement and management of the Property, as
appropriate.
12. The Town hereby designates John Staight,Open Space Coordinator for the Town of
Eagle, 200 Broadway, PO Box 609, Eagle, CO 81631 as its representative under this
MOU and the County hereby designates Toby Sprunk, Director of Open Space, 500
Broadway, PO Box 850, Eagle, CO 81631. The Parties may change their point of contact
at any time by providing written notice to the other Party.
13. This MOU is subject to all applicable federal, state and local laws, regulations and rules,
whether now in force or hereafter enacted or promulgated. If any term or provision of
this MOU is held to be invalid or illegal, such term or provision shall not affect the
validity or enforceability of the remaining terms and provisions.
14. This MOU becomes effective upon the date last signed and executed by the duly
authorized representative of the Parties to this MOU.
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15. This MOU shall be reviewed cooperatively by the Parties each year to identify any
needed changes or revisions.
16. Any changes, modification,revisions, or amendments to this MOU shall be incorporated
by written instrument, executed and signed by all Parties, and will be effective in
accordance with the terms and conditions contained herein.
17. The MOU shall have a one (1)year term which shall automatically renew for successive
one(1) year terms not to exceed a total of five (5)years from the execution date unless
the Parties agree to further extend the MOU in writing or unless earlier terminated or
cancelled.
18. This MOU may be terminated by either party, with or without cause,prior to the
expiration date upon thirty(30) days written notice by one party to the other.
EAGLE COUNTY, COLO' DO
By and throua• 'ts B and of' •+my C e issioners
By:
04e °� Jillia '. Ryan,Chair
ATTEST. ' N
Teak J. Simonton, to the Boar•�•Los
��
TOWN 1 : • L , t •LORADO
By and its o d of Trustees
By: 1,
Yuri \.stick. Mayor
ATTEST:
/ I kialW
Town Clerk
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EXHBIT 1
5
Commissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE,STATE OF COLORADO
RESOLUTION NO.2011- 4
APPROVAL OF THE USE OF OPEN SPACE FUNDS FOR THE ACQUISTION OF THE
SEAGO PROPERTY LOCATED AT 111 VIOLET LANE,EAGLE COUNTY,
COLORADO
WHEREAS,on or about February 1, 2011 the Eagle County Board of Commissioners
(hereinafter"Board")approved a contract to buy and sell real estate for the property located at
111 Violet Lane,Eagle County,Colorado owned by Ralph and Sherri Seago(hereinafter the
"Seago Property"); and
WHEREAS,it is anticipated that approximately sixty-five percent(65%)of the Seago
Property will be used as open space and the remainder will be used for future access and
construction of a right-of-way across the Seago Property to allow a secondary access to the Eagle
County Fairgrounds, or other non-open space uses at the discretion of the Board of County
Commissioners.The current proposed configuration for the Seago Property which illustrates the
sixty-five percent(65%) open space is attached hereto as Exhibit A ; and
WHEREAS,on or about March 14,2011 and April 11,2011 the Eagle County Open
Space Advisory Committee,based upon its findings, recommended approval with conditions of
the use of Open Space Funds for the acquisition of that portion of the Seago Property that will be
used as open space; and
WHEREAS,the future access and right-of way may not be developed and constructed
for a number of years and, as a result, the precise amount of land needed for the access and right-
of-way is not precisely known; and
WHEREAS, at its regular public hearing on April 12, 2011, the Board considered the
funding request as well as associated plans, a presentation from staff, and the recommendation of
the Open Space Advisory Committee.
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of
the County of Eagle State of Colorado:
THAT, Open Space Funds shall be used to fund sixty-five percent (65%) of the costs of
the acquisition (which costs shall include, but not be limited to, surveys, appraisals,
environmental testing, closing costs, title insurance and the like)of the Seago Property;and
THAT, in addition to the foregoing, and in keeping with the recommendation of the
Eagle County Open Space Advisory Committee an additional sum up to $45,000 of Open Space
Funds may be used toward the cleanup, grading, shaping and re-vegetation of those portions of
the Seago Property disturbed by salvage yard operations to a natural and self-sustaining
condition to include the use of soil amendments and temporary irrigation systems as determined
necessary by Eagle County staff;and
THAT, in the event that future improvements reduce the "functional open space" on the
Seago Property to less than 65% (approximately 4.6 acres) then the Open Space Fund shall be
reimbursed for the amount of open space lost to the right of way installation by calculating the
value of such property using the purchase price of $1,600,000 without interest or escalation
thereon. "Functional open space" is defined as lands in a natural or reclaimed condition that
would exist between a fairgrounds access road right of way and Brush Creek, and any lands in a
natural or reclaimed condition along the southern bank of the Eagle River that could be accessed
from lands west of the fairgrounds access road right of way. Installation of parking, pedestrian
paths or a bridge shall not be considered as reductions of functional open space;and
THAT, Eagle County staff is hereby directed to develop a memorandum of
understanding or other agreement with the Town of Eagle to establish (1) access to the western
stream bank of Brush Creek and the northern bank of the Eagle River downstream from the
confluence of Brush Creek and the Eagle River on property owned by the Town and adjacent to
the Seago Property; (2) long-term maintenance of the open space portion of the Seago Property;
and(3) a future improvement plan for the Property; and
THAT, a separate resolution will be considered by the Board of County Commissioners
concerning use of general funds or capital improvement project funds for the remainder of the
purchase.
[rest of page intentionally left blank]
MOVED AND ADOPTED by the Board of County Commissioners of the County of
Eagle,State of Colorado, at its regular meeting held the /0 day of ifl ,2011.
COUNTY OF EAGLE,STATE OF
COLORADO,By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST: 40
c rs *, By: . . ���
Clerk to the B. rd of ��
%000. ,J Jo Stavney
County Commissioners Ch. • �,
/77/1----
Peter F. Runyon
Commissioner
Sara J. Fisher
Commissioner
Commissioner seconded adoption of the foregoing resolution. The roll
having been called,the vote was as follows:
Commissioner Stavney /rte
Commissioner Runyon
Commissioner Fisher .Of
This resolution passed by ` ` vote of the Board of County Commissioners.
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