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Town Council Resolution 08 2013SNOWMASS VILLAGE TOWN COUNCIL RESOLUTION NO. 3 SERIES OF 2013 A RESOLUTION APPROVING THE ENTRANCE INTO AN INTERGOVERNMENTAL AGREEMENT WITH PITKIN COUNTY TO PURCHASE THE DROSTE OPEN SPACE WHEREAS, the Town of Snowmass Village (the "Town") and Pitkin County are both political subdivisions of the State of Colorado; and WHEREAS, pursuant to C.R.S. § 29-20-105, local governments are authorized and encouraged to cooperate or contract with other units of government; and WHEREAS, the people of the State of Colorado have authorized political subdivisions to cooperate with each other and contract in matters set out in this Agreement through the Colorado Constitution, Article XIV, Section 18(2)(A), and Article XI, Section 7; and WHEREAS, The Intergovernmental Agreement (the "IGA") is designed to provide the framework to reimburse Pitkin County over a 7 years period for a $2,000,000.00 portion of the purchase price of the Droste properties; and WHEREAS, on November 2, 2010, the voters of Snowmass Village approved a dedicated property tax to contribute $2,000,000.00 to the purchase of Droste properties; and WHEREAS, on December 29, 2010 Pitkin County acquired the Droste property for $17,000,000.00; and WHEREAS, the Town Council desires to approve the entrance into the IGA. NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Snowmass Village, Colorado as follows: 1. Intergovernmental Agreement to formalize payment to Pitkin County over the period of seven years as specified in Exhibit "A" attached hereto is hereby approved and adopted by the Town. 2. Direction to Mayor. The Mayor is hereby authorized and directed to execute the Intergovernmental Agreement approved by this Resolution on behalf of the Town. 3. Severability: If any provision of this Resolution or application hereof to any person or circumstance is held invalid, the invalidity shall not affect any other provision or application of this Resolution which can be given effect without the invalid provision or application, and, to this end, the provisions of this Resolution are severable. 13-08 TC Resolution Page 2 of 2 INTRODUCED, READ AND ADOPTED, on this 22nd day of January, 2013 by the Town Council of the Town of Snowmass Village, Colorado on a motion made by Council Member Butler, seconded by Council Member Boineau, and by a vote of 5 in favor and 0 opposed. TOWN OF SNOWMASS VILLAGE Bill Boineau, Mayor AT EST: Rhonda B, Coxon, Town Clerk APPROVED AS TO FORM: John C. Dresser, Jr., V" A Tow &rney V Tow .ttachmont ^ INTERGOVERNMENTAL AGREEMENT BETWEEN 3 ' f I THE I I i O OF SNOWMASS VILLAGE,COLORADO, AND PITKIN COUNTY COLORADO FOR THE ACA { } 1 a { 4 i i - �' i O € -�` y�� ; }FDIC' ,§ �'i z 31' �� ;�, 1= 11' i €�. f i 3 I t t PITKIN COUNTY THIS INTERGOVERNMENTAL AGREEMENT for conservation of the Droste Properties (the "Agreement"), located in Pitkin County is made this 22nd day of January, 2013 by and between Pitkin County ("Pitkin") and the Town of Snowmass Village ("Snowmass"), (collectively the "Parties"), which are all governmental entities located within the state of Colorado. The term of this agreement shall be continuing to provide for the acquisition of interests in the Droste Properties and management of those interests. 1,14! Swilm 1. The Droste Properties are located in the Roaring Fork Valley within Pitkin County and contiguous to and near other preserved open space owned by the Parties. 2. Public ownership of the Droste Properties would complement prior investments by Snowmass, Pitkin, the City of Aspen, and Great Outdoors Colorado by adding approximately 544.69 acres to the center of various open space properties acquired previously by these entities. 3. On November 2, 2010, the voters of Snowmass Village approved a special tax to contribute $2,000,000.00 to the purchase of the Droste Properties. 4. On December 29, 2010, Pitkin County purchased of the Droste Properties for $17,000,000.00. 5. Snowmass desires to reimburse Pitkin County over a seven year period for a $2,000,000.00 portion of the purchase price. NOW THEREFORE, in consideration of mutual promises and covenants contained in this agreement, the Parties agree as follows: Payments by Snowmass 1. Snowmass will immediately pay the sum of $400,000.00, and further pay either upon receipt of $200,000.00 annual tax revenue from the Droste mill levy, or the INTERGOVERNMENTAL AGREEMENT FOR THE CONSERVATION OF THE DROSTE PROPERTIES end of each calendar year whichever is earlier, the sum of $200,000.00 each year from 2013 to 2015. In addition, Snowmass will pay, either upon receipt of $500,000.00 annual tax revenue from the Droste mill levy, or the end of each calendar year whichever is earlier, the sum of $500,000.00 each year for 2016 and 2017. All sums paid to Pitkin County shall be deposited in its Open Space and Trails fund as a partial reimbursement for the purchase of the Droste Properties. 2. Prior to the final payment to Pitkin by Snowmass in 2017, Pitkin and Snowmass will jointly undertake and mutually agree to a reconciliation of tax revenues received by Snowmass from the Motor Vehicle Specific Ownership tax ("MVSO") that are specifically generated by the Droste mill levy as a proportion of total MVSO revenue that is collected and apportioned by Pitkin pursuant to statute over the duration of this Agreement. In the event the amount of the proportion of MVSO tax revenue specifically generated by the Droste mill levy received by Snowmass from the MVSO over the duration of this Agreement exceeds the statutory County Treasurer property tax collection fee of $40,000.00, Snowmass shall make timely final payment of $500,000.00 in 2017, as provided above OR in the event the amount of the proportion of MVSO tax revenue specifically generated by the Droste mill levy received by Snowmass from the MVSO over the duration of this Agreement is less than the statutory County Treasurer property tax collection fee of $40,000.00, Snowmass shall withhold such difference from the final payment of $500,000.00 in 2017, as provided above. Droste Properties will be held in fee by Pitkin County, and managed and maintained by Pitkin County. A conservation easement will be held by the Aspen Valley Land Trust which will ensure the Droste Property is managed in perpetuity as open space, with due regard for habitat protection, non -motorized public recreation, and protection scenery. It is anticipated that a management plan will be adopted by Pitkin County, after consultation with Snowmass regarding any improvements and any limitations on public access. Miscellaneous Provisions 4. If any part, term, or provision of this agreement is held by a court of competent jurisdiction to be illegal or in conflict with any federal law or law of the State of Colorado, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the parties hereto shall be construed and enforced as if the agreement did not contain the particular part, term or provision held to be invalid. 5. Nothing in this agreement is intended to create or grant to any third party or 2 INTERGOVERNMENTAL AGREEMENT FOR THE CONSERVATION OF THE DROSTE PROPERTIES person any right or claim for damages or the right to bring or maintain any action at law. 6. No party hereto waives any immunity at law including immunity granted under the Colorado Governmental Immunities Act. 7. This agreement is intended as the complete integration of all understandings between the Parties and constitutes the entire agreement between the parties hereto; no prior or contemporaneous addition, deletion, or other amendment shall have any force or effect, unless embodied herein in writing or attached as an exhibit hereto and referenced herein. 8. Any financial obligations that may arise hereunder, whether direct or contingent, shall only extend to payment of monies duly and lawfully appropriated by the governing bodies of the parties hereto. 9. Any notices or other communications required or permitted to be given hereunder shall be given in writing and delivered personally, by U.S. mail, or by electronic mail to the attention of the individuals below, or to such other addresses as any other parties designate by written notice. Notice shall be deemed given on the date of personal delivery or electronic mailing, or five (5) days from the date of mailing by U.S. mail. Notice to Snowmass: Town Attorney PO Box 5010 Snowmass Village, CO 81615 Notice to Pitkin County: County Attorney John Ely 530 East Main Street, Suite 302 Aspen, CO 81611 IN WITNESS WHEREOF, this agreement is executed and entered into this day and year first above written. By: George Newman, Chair Pitkin County Board of County Commissioners INTERGOVERNMENTAL AGREEMENT FOR THE CONSERVATION OF THE DROSTE PROPERTIES Jeanette Jones, Pitkin County Deputy Clerk C By. Bill Boineau, Mayor ATTEST: k onda B. Coxon, Town Clerk