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HomeMy WebLinkAboutC99-075 IGA Town of EagleMEN..Z.:.. T �1999j, AGREEMENT, is made and entered as of the day of by and between the COUNTY OF EAGLE, STATE OF C ORADO, by and through the Eagle County Board of County Co issioners (County), the TOWN OF EAGLE, COLORADO (Town) and the Division of Parks and Natural Resources, by and through the COLORADO DEPARTMENT OF NATURAL RESOURCES (Parks). The PURPOSE of this agreement is to facilitate the creation of a large regional park in and around the Brush Creek drainage near Eagle County, Colorado. Specifically, this Agreement provides assurances and protection to the Town and County concerning future disposition of lands within the park by the state. In short, the Town and County do not wish to contribute funds for land purchase, if the lands are used for any purpose other than wildlife, public open space, public park or public recreation purposes. Various government entities propose to purchase, trade or otherwise acquire about 1782 acres in the Brush Creek drainage, south of Eagle, Colorado. The purchase price for all the proposed parcels will total 10.3 million dollars. Eagle County and the Town of Eagle, together, propose to contribute two million dollars toward the purchase price. Based on the percentage of funds provided by the County and Town to the total purchase price, approximately 346 acres of the total are attributable to the Town and County funds. The County and Town wish to be assured that their contribution. to the park continues to benefit the current and future citizens of Eagle County. II. LAND ACQUISITION A. Colorado State Parks has been working on a land exchange proposal with the Eagle Ranger District of the White River National Forest regarding lands located along East and West Brush Creeks. The proposal envisions taking some of the land that Parks would acquire alof:g Brush Creek and trading it to the Forest Service for lands that the USFS owns, located along Brush Creek. Such trades could consolidate areas into contiguous parcels, particularly along stream bottoms, for more consistent and uniform management. Parks is also investigating the possibility of trading with the USFS to acquire the properties that contain the Yeoman and Fulford campgrounds, allowing Parks to manage both campgrounds. acquire the properties that contain the Yeoman and Fulford campgrounds, allowing Parks to manage both campgrounds. B. Another land acquisition process is being proposed whereby Parks would acquire certain parcels of land located along West Brush Creek and turn those properties over to the DOW for management as State Wildlife areas. The goal of the purchases and land swaps is to consolidate properties being managed for a'certain resource in larger contiguous blocks, with ownership in the appropriate agency. C. To complete these purchases and exchanges, the following parties intend to provide funds in the amounts listed: Eagle County - One and a half million dollars* Town of Eagle - $500,000 Colorado State Land Board - Three million dollars out of its Park Trust Fund State Parks - $300,000 GOCO Grant - Five million dollars D. Eagle County is or will be the owner of a property interest in a reverter to 346 acres of contiguous property beginning at the confluence of east and west Brush Creek, extending south along west Brush Creek as is more particularly described as all in the attached Exhibit B (County Designated Property). E. The County Designated Property includes the appurtenant water rights. F. The development of land within the park shall conform generally to the Brush Creek Legacy Project Conceptual Plan, attached to this agreement as Exhibit A. WHEREAS, political subdivisions and governmental entities in the State of Colorado are authorized to contract and cooperate with one another by virtue of Sections 29-1-201 at egg., Colorado Revised Statutes; and NOW, THEREFORE, in consideration of the mutual benefits to be derived herefrom, the parties agree as follows: III. PERIOD OF AGREEMENT A. This agreement will remain in effect until dissolved by agreement by all the parties to this document, or upon termination of this agreement in a:cordance with its terms. B. If Parks uses property acquired for the proposed state park for any purpose other than wildlife, public open space, or public park and recreation purposes the County and Town may V non -conforming use, and if cured, this agreement shall not terminate. C. This agreement has effect only if the -County and Town provide two million dollars towards the purchase of the 1782 acres in the Brush Creek Drainage. IV. RIGHTS AND DUTIES OF THE COUNTY AND TOWN A. The parties understand that some portion of the 1782 acres may be exchanged with or transferred to the DOW, U.S. Forest Service or attributed to the .State Land Board's contribution. Ownership, management or disposition of such property shall not be a cause for termination by Eagle County under this Agreement unless .the property is not managed or used for public purposes, limited to wildlife, open space or park and recreation. Be The County. and Town agree to provide two million dollars to Parks for use in the purchase of the 1782 acres in the Brush Creek Drainage. The County shall initially provide the entire two million dollars to Parks and seek contribution from the Town. C. If the Town fails to enter a contract with the County concerning .its payment of $500,000.to the County as its share of the two million dollar contribution, within thirty (30) days after the execution of this agreement, the Town shall assign all rights under this agreement to the County and continue to cooperate in the execution of deeds as required to ensure the County is able to enforce its rights under this agreement. V.STATE PARKS' RIGHTS AND DUTIES A. All County and Town funds received under this Agreement shall be expended solely for the purpose of which granted, and any such granted, and any such funds not so expended, including funds lost or diverted to other purposes, will be returned by Parks to the County and Town. Be If notice of termination is given by the County and Town to Parks, and Parks fails to cure the non -conforming use, Parks agrees to* cooperate in transferring title to the 346 acres identified as County Designated Property, along with the appurtenant water rights, to the County and Town. C. Parks may at any time terminate this agreement by a transfer of title to the County -Designated Property by deed, and be relieved of any further obligations under this agreement. 3 VI. MERGER A. No merger is intended by the execution of any deed related to acquisition of property for the purposes outlined in the Conceptual Plan and -the parties intend this' Agreement to be separately enforceable notwithstanding language in the deeds. VII. NOTICE Any notice provided for herein shall be given in writing by registered or certified mail, return receipt requested, which shall be addressed as follows: THE COUNTY AND TOWN: Eagle County and the Town of Eagle Two Copies: c/o County Attorney P.O. Box 850 Eagle, Colorado 81631. c/o Town Attorney P.O. Box 609 Eagle, Colorado 81631 COLORADO DIVISION OF PARKS AND NATURAL RESOURCES: c/o Laurie Matthews, Director Colorado State Parks 1313 Sherman Street, Rm. 618 Denver, CO 80203 VIII. MODIFICATIONS AND WAIVER No party shall assign any rights or duties under the Agreement to a third party without the written consent of the other parties. Any effort to effect such an assignment without the written consent of the other parties will terminate the Agreement immediately at the option of the other parties. I8. MISCELLANEOUS PROVISIONS A. -,Successors. This Agreement shall be binding upon and inure to the benefit of the County, Town, and Parks, and their respective heirs, legal representatives, executors, administrators, 4 1qw� ` , successors and assigns; provided, however, that no party may assign nor delegate any of its rights or obligation hereunder without first obtaining the written consent of the other parties. B. Severability. Should any part, term, portion or provision of this Agreement be finally decided to be in conflict with any law of the United States or of the State of'Colorado, or otherwise be unenforceable or'ineffectual, the validity of the remaining parts, terms, portion or provision shall be deemed severable and shall not be affected thereby, provided such remaining portions or provisions can be construed in substance to constitute the agreement which the parties intended to enter into in the first instance. C. Integration of Other Agreements. The parties to this Agreement contemplate entering into additional related agreements, including a management agreement with the State Parks Department. The management.agreement may provide that user fees may be charged by Parks to offset its management costs. Initially, the County is providing the entire two million dollars to acquire the property. Until such time as an agreement is entered between the County and Town, and the Town pays to the County $500,000, all benefits under this contract may be enforced and enjoyed solely by the County. D. Amendment. This Agreement may only be amended by a written agreement signed by the parties hereto. E. Adotion. This Agreement shall be approved by resolution of the Board of County Commissioners of Eagle County. F. Financial Obligations. Notwithstanding anything to.the contrary containedin this agreement, County shall have no obligations under this Agreement, nor shall any payment be made to any other party in respect of any period after any December 31 of each calendar year during the term of this Agreement, without an appropriation therefor by the County in accordance with a budget adopted by the Board of County Commissioners in compliance with the provisions of Article 25 of Title 30 of the Colorado Revised Statutes, the Local Government Budget law ( S29-1-101 et seq., C.R.S., and the TABOR Amendment(Constitution, Article X, Sec. 20). Financial Obligations of Parks after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted, and otherwise made available. signature -page to follow 5 IN WITNESS WHEREOF, the parties hereto have signed and executed this Aareement effective as of the day and year first above written. COUNTY OF EAGLE, STATE OF COLORADO, acting through its Board of County Commissioners B Chairman TOWN OF EAGLE By. ATTEST: ti C erk to th Board 2410P 0 COLORADO DEPARTMENT OF NATURAL RESOURCES By. G:\RAB\BRUSHCK.IGA 6 r It M BRUSH CREEK LEGACY PROJECT A GREAT OUTDOORS COLORADO LEGACY PROJECT SPONSORED BY THE COLORADO DEPARTNM7iT OF NATURAL RESOURCES COLORADO STATE PARKS COLORADO DIVISION OF WILDLI[IFE EAGLE COUNTY TOWN OF EAGLE MAY 6,1998 AREA OVERVIEW This project will result in the purchase of 1,762 acres of invaluable wetlands and riparian areas along East and West Brush Creeks, approximately 10 miles south of Eagle, Colorado. Towering above the valleys to the east are the spectacular peaks of the Sawatch Range and the Holy Cross Wilderness, one of the true gems of Colorado's wilderness reserves. The landscape is dominated b the hi p Y high peaks ofNew York Mountain (12,550 feet), Gold Dust Peak and Eagle Peak. Between the East and West Brush Creek drainage's are Adam Mountain and Mount Eve (both about 11,150 feet), connected b the lomm�d elin known as Adam's Rib. Y g g e To the west are the distinctive long ridges of Red Table and Hardscrabble Mountain,both of which are several miles long. Travelers continuing south past Sylvan Lake State Park on the national forest road go over Crooked Creek Pass and down into the Fryingpan River drainage, famous for its outstanding trout fishery. The Eagle Area Open Lands Conservation Plan describes the stream valleys as follow "East Brush Creek is characterized by north -facing slopes of beautiful mature aspen s: groves mixed with Lodgepole pine, and south -facing slopes covered with mixed shrubs and Gambel oak. Characteristics of this drainage include numerous perennial and intermittent streams that support aquatic life and sensitive wetlands. Near the upper reaches, the water course has been influenced by beaver activity to form expansive wetlands within Vasser Meadow." In addition, unique side slope seep wetlands below Joe Goode Meadow contribute to the sensitive ecological regime. These wetland complexes are ecologically ' providing vano functions such as groundwater recharge, wiI i f ally significant for stabilization, g dlife habitat, and sediment M The West Brush Creek valley is characterized by narrow constricted passages and more. . open wetland meadows, and serves as the prime visual unit that forms the gateway to Sylvan Lake State Park. Picturesque distant views of Red Table Mountain and numerous historic structures that date from the late 19th century are visible from stretches of the road. PROJECT PURPOSE I .Purchase of 1, 762 acres of invaluable wetlands and riparian areas along East and West Brush CreeAm To be owned and managed by State Parks and DOW, the lands will preserve important habitat for a range of species, but also will keep intact important seasonal travel corridors for elk and mule deer.* The wild character of the surrounding national forest lands is reflected in DOW s plans to re -introduce two endangered species: lynx and wolverine. Situated next to Sylvan Lake State Park, the streams and their healthy fisheries will offer new passive recreation opportunities for park visitors: 2. Resolution of regional land use issues. The acquisition of the Fast and West Brush Creek properties is structured so that the project is contingent on town and county approval of the sellers development of property located near the Town of Eagle. By linking these issues together, the community can begin to bring closure to regional land use issues that have been a concern since the 1974's. In addition to this, the acquisition of the Brush Creek properties will help preserve the character of the Brush Creek valley which is the regional vision for the area's future. This is shown by the 1997 Eagle Area Open Lands Conservation Plan that was put together by the Town of Eagle. I Integration with federal land uses.. Surrounded by White River National Forest land, the Brush Creek land acquisition will consolidate in public ownership thousands of acres of contiguous key forest recreation sites, including campgrounds at yeoman Park and Fulford Caves hiking trails accessing the adjacent Holy Cross Wilderness, two huts on the Tenth Mountain Division trail, and other backcountry routes. Recognizing that integrated recreation management among the federal and state lands will best serve recreationists, State Parks and the White River Forest are working together on a plan that would make State Parks responsible for management of the forest campgrounds in addition to the stream corridors and the existing park at Sylvan Lake. State Parks regards this agreement as a key''rn gradient in making this project a success. By re -investing in the existing forest campgrounds and malting other investments in the corridor factties, Parks will be able to earn revenues necessary to manage recreation use while protecting the integrity of the delicate wetlands and riparian areas. CONCEPTUAL SCOPE OF DEVELOPMENT These lands, added to Sylvan Lake State Park, will result in a park that fits the State Parks model for natural resource -based state parks such as Mueller and Golden Gate State Parks. These parks tend to attract a park user profile more oriented towards passive types of recreation uses, including hiking, cross-country skiing, nature study, wildlife watching, fishing, camping and picnicking. The popularity of our natural resource -based state parks continues to grow each year, indicating that they fill an important niche in the range of outdoor recreation choices for Coloradans and their visitors. This- market segment expects up-to-date,fimilcontemporary 'ties such as visitor centers with interpretive programming and campgrounds with T showers. The result is a park with a modest scope of development concentrated on a small portion of the area land base, with opportunities to enjoy the surrounding wide open forest Iands. Park development is proposed to include a visitor center at the confluence of East and West Brush Creeks, 4-5 fishing access points, and about a dozen small -size cabins or yurts for overnight use. There is a good opportunity to connect existing trails that climb the Adam's Rib hillsides between East and West Brush Creeks, completing a loop that would connect Sylvan Lake, the two stream valleys and the forest campgrounds. We also are proposing to re-invest*in improvements to the existing Forest Service campgrounds at Yeoman Park (26 sites) and Fulford Campground (6 sites), enabling us to mi imize facility development on the new acquisitions. The proposed development will use less than four percent of the overall land area. (See attached map for conceptual development plan.) The full scope of development will be determined during the development of a park management plan for the area, in conjunction with the U.S. Forest Service, Division of Wildlife, Eagle County, and the Town of Eagle. The park planning process will focus on those types of facilities and programs that can be compatible with protection of the outstanding natural values of these sites. Extensive inventory work will be recorded irr GIS format, and will be used to guide the location and design of facilities and trails. Public outreach efforts will ensure that the plan is produced in context of participation b the public and other agencies, ensuring a final scope of development that is consistent with local and regional priorities. WN r M�H �RON 1 _.....%.>�!1 'j I '",, t,� �V� WWOM� Naa ` , �• �� �� �tp�`",.`+"r,.tSt�, ��`��..`��'r'n"...a..�r n"w^�`�2�� �1s�5{Q}Y.t�;}j~1 jat1. ��'t 'st331��•--j{..�zt�8E2fai1�},� ,.. ram' �j �AW4 Z. INK, , f ��Y'_jj� •.+�% �lip- J j I E ! I � r t�W� � ��Fi i11U [tii�tiSl.' .�J'.'�r� �•.1 �t ' r. f siy „; ij}aflill` t'�s:i�rijt srrv�itt,'t#.�►,:.. `��>..,, t}�y� T% M;ti: �� E�� � � �• a � :��'xi;,r�.�� =i�.E�� ems. ' r'f•�.1ifi, •��- �� w,�tsus,}a't�is, r 4 d LEGEND Park Entran%' l .»! COWS" Fishing A�mss Q Cahln Cluster Camp Ground . !� Picnic Area Comfort Station Creeks 8 Draln�es lydgation Ditch R,•... Bdsting Trall Dirt Road • _ 4A Roads 0 ' �=IPK L Akk zI I gilt lk'� Z; t y tl+ l l 13oj kL Z—,Fri oitf is vu 0 MR Qif: dice / Headquarter Compie *, Contact Sta"m w �. Rshing Access Q Cabin CtUsW Camp Grcund Picnic Area Comfort Station Creeks & Drainages ..�'•. Irtigatiori Ditch Bdsdng Trail Dirt Road 64 Roads e 3� l"yo �'yd eAtea \ ,.6J�'•+� " 1 • w'aw'E's' � � J '� ��. ,l:+�t� ��i ��'6; J!�;E'i') \\Zdr`� �' ����.mr.- i "�.�e,«,. _ti 5.r,�;C s�t'r. `i�`e}f� `�'� s^ '� 1 j.+� 'tt•��. ��` 1 /��!''���%u�j `j1 �, ..1 '\�� ! � ♦`.�•t� � v` � � �'"� w``.�~`��li � � �-� 'I 6�i�i ttel � �d�35 -Sy :,o .. ..��;.Z+�,�:.n�°.1b..��,•'� ��:�-�. e,-. � ✓"\•� .,...�i ti�� a�C'=di.`tidL._Km ��6�a.11---___�'.�S�w�.v�iai � *.Ll��.14 �,. a_ N o Proposed 3y�q DISTRIBUtION OriLyinals to:. 1. Contract 2. 3. 4. Copies to: 1. Accounting 2. 3. t 4. 2— �