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Home My WebLink AboutC11-097 Pitkin County MOUMEMORANDUM OF UNDERSTANDING BETWEEN EAGLE COUNTY, COLORADO and PITKIN COUNTY, COLORADO HIS MEMORANDUM OF UNDERSTANDING, made as of the day of 2011, by and between Eagle County, Colorado ("Eagle ") and Pitkin County, Colorado ( "Pitkin "), regarding future development of a Pitkin government facility (the Facility ") on a portion of the Mount Sopris Tree Farm (the "Tree Farm ") in Eagle County, WITNESSETH: WHEREAS, in 1994 Eagle and Pitkin participated in a real property exchange (the Exchange ") with the United States Forest Service (the "USFS ") that resulted in Eagle acquiring 128.03 acres of land known as the Tree Farm; and WHEREAS, as part of their long - standing and continuing policy of cooperation and collaboration in appropriate areas of County government in order to provide maximum benefit to their respective citizenry, Eagle contributed $130,000 and 45.10 acres and Pitkin contributed 10,000 and 1,324.33 acres to the exchange; and WHEREAS, in 1996, after extensive public hearings in which Pitkin participated, Eagle adopted the Tree Farm Master Plan (the "Master Plan"); and WHEREAS, at the time of the Exchange and the adoption of the Master Plan, Eagle and Pitkin discussed the desire of Pitkin to construct a Pitkin government facility of 5,908 square feet on some portion of the Tree Farm at some future time; and WHEREAS, on January 2, 2001, Eagle's Board of County Commissioners (the "Eagle Commissioners ") approved a zone change and planned unit development preliminary plan for Mt. Sopris Tree Farm Planned United Development ( "the PUD "), and the PUD was recorded with the Clerk and Recorder of Eagle on April 10, 2001, No. 754139 (the PUD, as amended, is hereby incorporated herein by this reference); and WHEREAS, on April 10, 2001, a Final Plat of the PUD (the "Final Plat ") was approved by the Eagle Commissioners and recorded at No. 754140, which Final Plat, as amended, is incorporated herein by this reference; and WHEREAS, the USFS, by letter dated August 17, 2010 (the "USFS letter "; copy attached hereto as Exhibit A) has addressed the amount of further development permitted in the Tree Farm under Public Law 103 -255, the law that authorized the real property exchange described in the first WHEREAS clause hereof; and Page 1 of 4 WHEREAS, the USFS letter confirmed that of the original authorized square feet of development permitted on the Tree Farm, Eagle retains rights to a remaining of 41,473 square feet of development on the Tree Farm (the "retained Rights "); and WHEREAS, Pitkin and Eagle believe that it now is appropriate to set out in writing the key elements of an understanding regarding utilization of a portion of the Retained Rights for future development of the Facility on a portion of the Tree Farm. NOW, THEREFORE, Eagle and Pitkin state the following mutual understanding regarding future development of the Facility on a portion of the Tree Farm in anticipation of an eventual intergovernmental agreement implementing such mutual understanding: 1. Pitkin, as soon as practicable, will take the initiative to prepare and submit to Eagle for its input a proposal (the "Proposal ") for acquisition or use of a particular portion of the Tree Farm site and construction thereon of the Facility. It is understood by both parties that acquisition or use of the land is in consideration of the cash and and Pitkin county dedicated to the land exchange. The Proposal will address the size, layout and other particulars of the contemplated facility and its physical connections, if any, with existing or hereafter planned and announced Eagle facilities. The Proposal also will address anticipated requirements for parking, landscaping, access, utility provision, and the like. Eagle and Pitkin anticipate that design of the Facility must enhance and resemble the existing Eagle Community Center (the "Center ") facilities and landscaping. The Proposal also shall address a proposed reimbursement plan to Eagle from Pitkin for a pro rata share of infrastructure costs incurred by Eagle in development at the Tree Farm prior to the anticipated time of construction of the Facility to the extent such infrastructure costs benefit, directly or indirectly, Pitkin or the Facility. The proposal also shall take into account any further developments on the Tree Farm that may have been proposed and/or approved by Eagle, whether or not by Eagle or some other entity, at the time of submission of the Proposal. Finally, the Proposal will address traffic impacts of the Proposal and the Proposal's compatibility with the PUD, Eagle's Comprehensive Plan, the then- existing and pending proposed modifications of Eagle's Mid - Valley Community Plan, and the Eagle County Land Use Regulations. It is understood by the parties that nothing in this paragraph 1 is meant to limit Pitkin's governmental facility to fewer than 5,908 square feet. 2. Upon receipt of the Proposal, Eagle will evaluate and respond (the "Response ") to the Proposal, identifying any issues raised by the Proposal, including issues concerning the impact of the Proposal on the Tree Farm and existing or proposed development on the Tree Farm or in the vicinity of the Tree Farm. Page 2 of 4 3. After the Proposal and the Response, Eagle and Pitkin will meet and discuss any issues that may exist, and upon resolution of such issues to the mutual satisfaction of Eagle and Pitkin, they will prepare and enter into an Inter- Governmental Agreement (the "IGA ") to implement the Proposal. 4. The IGA will address all legal and practical considerations that necessarily will or may be involved in such construction and subsequent use of the Facility, including issues such as water sources and uses, road impact fees, permitting fees, possible joint use of facilities and the terms of such joint use, sharing the cost of infrastructure, maximization of the combined functionality, efficiency and cost effectiveness of the proposed Facility with existing Eagle or third party facilities and infrastructure, sharing of costs previously or thereafter to be incurred for such facilities or infrastructure, architectural compatibility of the Facility with existing facilities on the Tree Farm, allowable uses of the Facility, the applicable design review and land use processes to be followed, responsibility for operating and maintenance and expenses thereof, and other relevant matters. 5. Eagle and Pitkin acknowledge and agree that the Memorandum of Understanding is for a public purpose, is in the public interest and is a proper exercise of their respective powers and authorities. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date first set forth above. BALANCE OF THIS PAGE INTENTIONALLY LEFT BLANK Page 3 of 4 EAGLE COUNTY, COLORADO 1,i By:t Jo Of ney, Chairman, Board of County Co ssioners, Eagle County, Colorado 4 ATTEST: 111 Tea Simonton, r NN144, Clerk to the Eagle Count _ Colorado Board of County Commissioners Dkpkii PITKIN COUNTY, COLORADO By Rachel Richards, Chairman, Board of County Commissioners, Pitkin County, Colorado ATTEST: By: Janice K. Vos Caudill Clerk to the Pitkin County, Colorado Board of County Commissioners RLM: contracts/ pitkincountyeaglecountyeljebelfacilitymou Page 4 of 4