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HomeMy WebLinkAboutC97-151 Pitkin County IGAAP`s -t5 108 �a ADDENDUM TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE COUNTY OF EAGLE, STATE OF COLORADO AND THE COUNTY OF PITKIN, STATE OF COLORADO THIS ADDENDUM made this day of , 1997, by and between the Board of County Commissioners of the County of 54gle, State of Colorado, a body corporate and politic (hereinafter referred to as the "County") and Board of County Commissioners of Pitkin County, State of Colorado, a body corporate and politic (hereinafter referred to as the "Contractor"). WHEREAS, the County and Contractor entered into an Intergovernmental Agreement on the 22th day of January 1997, for the grant of funds by the Eagle County Regional Transportation Authority for the purchase of the Aspen Branch of the Denver and Rio Grande Western Railroad Right -of -Way; and WHEREAS, the date of performance of the Contractor's fiscal agency obligation under the original IGA was April 15, 1997, after which date the funds were to be returned to Eagle County; and WHEREAS, both the County and the Contractor wish to reaffirm its commitment to the acquisition by extending the term of the grant to June 30, 1997. NOW THEREFORE, in consideration of the promises and covenants and agreements contained in the IGA and herein, the parties agree as follows: That paragraph 1(B)(iv) is hereby amended to read as follows: Grant funds must be returned to Eagle County if the acquisition of the title to the Aspen Branch does not occur before June 30, 1997. 2. All covenants and conditions of the IGA which are not hereby expressly amended shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. BACLF K E6L no !s Clerk of the Board of County Commissioners ATTEST: &V44-a-�- Clirk,fothe Board of County Commissioners ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS ON- 1997.—`� COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS w Johnnette Phillips- Chairman hillipsChairman CONTRACTOR: COUNTY OF PITKINTAT, SOF OLORADO, By and Through Its BOARD �O TY COMMISSIONERS 2 �--5-C/7 zvkl Aon e9-1-45' A RESOLUTION OF THE PITKIN COUNTY BOARD OF COU1U�� 1 19W COMMISSIONERS APPROVING AN ADDENDUM TO THE INTERGOVE AGREEMENT BETWEEN EAGLE COUNTY AND PITKIN COU • 4! PTTORNE FOR THE GRANT OF FUNDS BY THE EAGLE COUNTY REGIONAL TRANSPORTATION AUTHORITY FOR THE PURCHASE OF THE ASPEN BRANCH OF THE DENVER AND RIO GRANDE WESTERN RAILROAD RIGHT OF WAY Resolution #97-A- 1. On January 22, 1997, the Board of County Commissioners, ("BOCC") approved Resolution #97-27 authorizing an intergovernmental agreement between Pitkin County and Eagle County for the grant of funds by the Eagle County Regional Transportation Authority for the purchase of the Aspen Branch of the Denver and Rio Grande Western Railroad right of way. 2. The date of performance of Pitkin County's fiscal agency obligations under the original IGA is April 15, 1997, after which the funds are to be returned to Eagle County. 3. The BOCC passed Emergency Resolution No, 97-84 on April 15, 1997, which authorized an amendment to the original Intergovernmental Agreement between the Counties. The amendment extended Pitkin County's fiscal obligations to June 30, 1997. 4. Negotiations continue between the parties towards the purchase of the Aspen Branch of the Denver and Rio Grande Western Railroad right of way and the closing has been extended to occur no later than June 30, 1997. 5. Both Pitkin County and Eagle County wish to reaffirm their commitment to the acquisition of the rail by amending paragraph 1(B) (iv) of the Intergovernmental Agreement entered into on January 22, 1997, to provide that grant funds must be returned to Eagle County if the acquisition of the title to the Aspen Branch does not occur before June 30, 1997. NOW THEREFORE, be it resolved that the Board of County Commissioners of Pitkin County, Colorado, approves the Addendum to Intergovernmental Agreement between Pitkin County and Eagle County which provides for the grant of funds by the Eagle County Regional Transportation Authority for the purchase of the Aspen Branch of the Denver and Rio Grande Western Railroad right of way and authorizes the Chair to execute the Agreement. INTRODUCED, FIRST READ AND SET FOR PUBLIC HEARING ON THE 14th DAY OF MAY, 1997. NOTICE OF PUBLIC HEARING PUBLISHED IN THE WEEKEND EDITION OF THE ASPEN TIMES ON THE 17TH DAY OF MAY, 1997. APPROVED ON SECOND READING AND PUBLIC HEARING ON THE DAY OF —71997. Resolution #97 - Page 2 PUBLISHED AMR IN TH WEEKEND EDITION OF THE ASPEN TIMES ON THE DAY OF )1997. ATTEST: e ette Jones Deputy Clerk Date: COUNTY MANAGER S ne Konc an APPROVED AS TO FORM: �,]ohn M. Ely County Attorney BOARD OF COUNTY C SIGNERS OF PITKIN COU , CSL O Bill Tuite (D,3-97 Chairman