No preview available
HomeMy WebLinkAboutC15-478 Cordillera Metropolitan DistrictAGREEMENT BETWEEN EAGLE COUNTY, COLORADO AND THE CORDILLERA METROPOLITAN DISTRICT FOR MAINTENANCE OF TRAILS ON THE CORDILLERA RIDGE OPEN SPACE PROPERTY This Agreement dated this � day of Q,S,e, k r, 2015 ( "Agreement ") is entered into by and between Eagle County, Colorado, a body corporate and politic, by and through its Board of County Commissioners (the "County "), and the Cordillera Metropolitan District, a Colorado special district and political subdivision of the State of Colorado, by and through its Board of Directors (the "District "). The County and the District shall collectively be referred to as the "Parties" or individually as a "Party ". RECITALS WHEREAS, County was a party to the Eagle Valley Land Exchange which resulted in the exchange of several properties among the U.S. Forest Service, County and local municipalities; and WHEREAS, as part of the Eagle Valley Land Exchange the County has acquired approximately 167 acres of land in Eagle County, Colorado more particularly described as Lots 1, 2 and 3 and NEl /4SW1 /4 of Section 7, Township 5 South, Range 82 West of the 6th Principal Meridian (hereinafter the "Property"); and WHEREAS, the Property is adjacent to the Cordillera subdivision and acquisition of the Property for open space purposes was a priority for the public and a benefit to the residents of the District; and WHEREAS, the Property will be or has been permanently conserved as open space through the grant of a conservation easement ( "Conservation Easement') by County to Eagle Valley Land Trust, a Colorado non - profit corporation( "EVLT "); and WHEREAS, as part of the conservation effort, County and EVLT have or will enter into a management plan ( "Management Plan ") concerning the Property; and WHEREAS, the District maintains recreational amenities within the Cordillera subdivision and has historically maintained the Trails (as defined herein below) that are located on the Property. County desires to have District continue to maintain the Trails subject to the terms and conditions set forth herein; and C15 -478 WHEREAS, cooperation and coordination between local governments is supported by C.R.S. 29 -1 -201; and WHEREAS, the Parties have agreed to enter into this Agreement to set forth the Parties respective obligations with respect to maintenance of the Trails on the Property. AGREEMENT Now therefore, for good and valuable consideration, as set forth in the recitals and including the promises set forth herein, the Parties agree as follows: 1. Identification of Trails. The Trails and improvements currently located on the Property are identified on Exhibit A (collectively the "Trails ") which is attached hereto and incorporated herein by reference. District may not create any new or other trails or improvements on the Property without prior written approval of County. 2. Trail Maintenance. District shall perform or cause to be performed on a periodic and as- needed basis, and in a manner consistent with the District's historical maintenance of the Trails: i. Weed control and spraying along the Trails; ii. Trail maintenance; and iii. Litter removal on and immediately abutting the Trails. Signnage for the Property. District shall be responsible for locating and maintaining regulatory and directional signage on the Property, consistent with the District's historical maintenance and location of signage on the Property. Notwithstanding the foregoing, no sign shall be located, modified or removed without mutual agreement of the Parties. The location and content of any and all signs placed on the Property shall comply with this Agreement, the Conservation Easement and Management Plan. 4. Annual Inspections. Annual inspections of the condition of the Trails, signage and improvements, will be conducted by staff from County and District. If repairs are identified, the Parties will work cooperatively on the scope, need, and costs of identified repairs, with the goal that District will coordinate and complete repairs in a manner that is consistent with the Conservation Easement and Management Plan, with the sharing of the costs of such repairs being subject to further agreement of the Parties, consistent with each Party's adopted budget. 5. Term. The initial term of this Agreement shall commence upon execution by the Parties and shall continue to December 31, 2015. This Agreement shall thereafter automatically 2 renew for additional one (1) year terms commencing January 1 of each consecutive year unless earlier terminated as set forth herein. Compliance with Conservation Easement and Management Plan. The Trails on the Property shall be maintained in accordance with the Conservation Easement and Management Plan with the goal of preventing additional areas on the Property from being impacted by vehicle activities and social trail development. The Parties acknowledge that use of Trails is limited to non - motorized, passive, low impact recreational purposes, including but not limited to, pedestrian use, bicycle use, wildlife/birdwatching, hiking, cross - country skiing and snowshoeing. No new Trails may be located on the Property until County has ensured compliance with the Conservation Easement and Management Plan. 7. TABOR. County and District 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 for any maintenance services provided 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.) 8. Project Managers. The Parties acknowledge that on -going coordination and communication will be required. As a result, each Party shall have designated a project manager to coordinate performance and communication under this Agreement. The District's project manager shall be Rachel Oys, the District's General Manager or her appointee; and, the County's project manager shall be Toby Sprunk, Eagle County Open Space Director or his appointee. Any and all correspondence between the Parties regarding this Agreement shall be between and among the project managers. Any Party may designate a different project manager by notice in writing to the other. 9. Termination. Any Party may terminate this Agreement without cause and without penalty therefor upon thirty (30) days advance written notice to the other Party. 10. Notice. Any notice and all written communications required under this Agreement shall be given in writing by personal delivery, fax or mail to the appropriate Party at the following addresses: District: Cordillera Metropolitan District Rachel Oys, General Manager 408 Carterville Rd Cordillera, CO 81632 Telephone: (970) 926 -1923 Facsimile: (970) 926 -5577 With Copy to: Alan D. Pogue Icenogle Seaver Pogue 4725 South Monaco Street, Suite 225 Denver, CO 80237 Telephone: (303) 867 -3006 Facsimile: (303) 292 -9101 County: Toby Sprunk, Director of Open Space Eagle County Post Office Box 179 500 Broadway Eagle, CO 81631 Telephone: (970) 328 -8698 Facsimile: (970) 328 -7185 With a copy to: Eagle County Attorney's Office Post Office Box 850 500 Broadway Eagle, CO 81631 Telephone: (970) 328 -8685 Facsimile: (970) 328 -8699 Notices shall be deemed given on the date of delivery if delivered in person or by a service like Federal Express or United Parcel Service, or three days after the date of deposit, first class postage prepaid, in an official depository of the U.S. Postal Service. When sent via facsimile, on the date of delivery, so long as the sending Party can provide a facsimile machine confirmation showing the date, time and receiving facsimile number for the transmission. 11. Assignment. The rights and obligations of each Party may be assigned only with prior written consent of the other Party which shall not be unreasonably withheld. 4 12. Insurance - Governmental Immunity. At all times during the term of the Agreement each Party shall maintain adequate general liability insurance. County and District shall maintain insurance consistent with the limits established by the Colorado Governmental Immunity Act. By entering into this Agreement, neither party waives, in whole or in part, any of the rights, privileges, protections, or liability caps afforded each Party pursuant to the Colorado Governmental Immunity Act, Section 24 -10 -101, et seq., C.R.S. 13. Entire Understanding. This Agreement embodies the entire understanding and agreement of the Parties, and there are no further or other agreements or understandings, written or oral, in effect between them relating to the subject matter hereof. 14. Amendments. This Agreement may not be amended except by a written document executed by the Parties hereto. 15. Independent Contractor. It is expressly acknowledged and understood by the Parties hereto that nothing contained in this Agreement shall result in, or be construed as establishing an employment relationship, master - servant, partnership, joint venture or other relationship between the Parties. 16. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado. The Parties agree that venue in any action to enforce or interpret this Agreement shall be in the Eagle County District Court. 17. No Third Party Rights. This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant or condition herein or a breach thereof. IRest of Page Intentionally Left Blank] IN WITNESS WHEREOF, the Parties have hereunto set their hands, by their duly authorized representatives. EAGLE COUNTY, COLORADO By and thr ugh its.Board of County Commissioners By: Z -< G Kathy C dler -Henry Chair CORDILLERA METROPOLITAN DISTRICT By: Nancy Ale der, President Exhibit A Trails and Improvements (Collectively the "Trails ") Cordillera Ridge Parcel Existing Improvements .,Trai Is," Dimied 0 0 i *.,w xxx Ferace = Read SodwTrm Bmch SocLA Tral Bbck ed CarMkm TrA Sim A DW Root Fa mabm C"dikraTmMwad S-W PVe Pile 00 4® 328 Exhibit A s