HomeMy Public PortalAboutRES-CC-2014-53Resolution #53-2014
APPROVING AN INTERLOCAL AGREEMENT BY AND BETWEEN THE CITY OF MOAB AND
GRAND COUNTY, PERTAINING TO THE OWNERSHIP, DEVELOPMENT, OPERATION AND
MAINTENANCE OF LIONS PARK, THE LIONS PARK TRAIL, THE LIONS PARK TRANSIT HUB,
AND THE COLORADO RIVER PATHWAY
Whereas, the governing body of the City of Moab desires to enter into an Interlocal
Agreement with Grand County to provide for the ownership, development, operation and
maintenance of Lions Park, the Lions Park Trail, the Lions Park Transit Hub, and the
Colorado River Pathway; and
Whereas, the Agreement has been presented to this meeting of the City Council;
NOW THEREFORE, WE, THE GOVERNING BODY OF THE CITY OF MOAB DO HEREBY
ADOPT THE AGREEMENT IN SUBSTANTIALLY THE FORM PRESENTED TO THIS MEETING
OF THE CITY COUNCIL, AND AUTHORIZE THE APPROPRIATE INDIVIDUALS TO EXECUTE
AND DELIVER SAID AGREEMENT.
This resolution shall take effect immediately upon passage.
Passed and adopted by action of the Governing Body of Moab City in open session this
25th day of November, 2014.
CITY OF MOAB
By:
Attest:
Rachel E. Sterna
City Recorder
David L. akrison
Mayor
Resolution #53-2014
Page 1of1
AGENDA SUMMARY
MOAB CITY COUNCIL MEETING
November 25, Zoe
Agenda Item
#: 7-7
Title: Resolution #53-2014: Approving an Interlocal Agreement by and between
the City of Moab and Grand County, Pertaining to the Ownership, Development,
Operation and Maintenance of Lions Park, the Lions Park Trail, the Lions Park
Transit Hub, and the Colorado River Pathway
Fiscal Impact: The Lions Park Project entails $366,000 in city funds as a match
for the Scenic Byways and Transportation Enhancement grants the City
received. In addition, the maintenance and utilities at the park will cost
approximately $20,000 per year. There will be revenue associated with park
rentals in an initial amount estimated at $3,000 per year, for a net annual cost at
around $17,000 per year. This amount has been anticipated for several years,
and will be included in the 2015-2016 Fiscal Year Budget.
Staff Presenter(s): Donna Metzler, City Manager
Department: Administration
Applicant/Vendor: NA
Background/Summary: One of the last pieces in moving forward with the
construction of Lions Park is to have an interlocal agreement in place that allows
the City to construct improvements on county property and that provides for the
City's taking over maintenance and operation of Lions Park after the construction
of the improvements is complete. City staff presented an interlocal agreement to
the Grand County Council last week. After making some changes regarding
maintenance of the park and liability during construction, the County Council
approved the agreement. This version of the agreement is now presented to the
City Council.
Options: Approve, Approve with Changes, Deny or Postpone
Staff Recommendation: Staff recommends approval of the agreement as
presented.
Recommended Motion: "I move to approve Resolution #53-2014 as
presented."
Attachment(s): Interlocal Agreement
INTERLOCAL AGREEMENT
By and Between
The City of Moab (the "City") and Grand County (the "County")
PERTAINING TO THE OWNERSHIP, DEVELOPMENT, OPERATION
AND MAINTENANCE OF LIONS PARK, THE LIONS PARK TRAIL,
THE LIONS PARK TRANSIT HUB, AND THE COLORADO RIVER
PATHWAY
RECITALS
WHEREAS, the Interlocal Cooperation Act (Sections 11-13-1 et Seq. Utah Code
Annotated) allows local governmental agencies to enter into agreements that benefit the
constituencies of the agencies entering into said agreements; and
WHEREAS, Grand County and the City of Moab entered into a Memorandum of
Understanding (MOU) in July of 2009 for Development, Operation and Management of
Lions Park, Trail and Transportation Hub; and
WHEREAS, the purpose of the MOU was to establish roles and responsibilities for the
parties engaged in developing, operating, and maintaining Lions Park, the Colorado River
Pathway ("the Pathway), and the Lions Park Transit Hub ("Transit Hub"); and
WHEREAS Lions Park, the Lions Park Trail ("the Trail") and the Lions Park Transit
Hub will serve as a gateway park for Moab and Grand County, a trailhead for multiple
high -use trails in the area, and a transportation hub for parking, transit, and for shuttling
recreationists to visit area parks and other attractions; and
WHEREAS, the MOU anticipated that an Interlocal Agreement would need to be
approved in order to further define and solidify the roles of the City and County with
respect to the ownership, development, operation and management of Lions Park, the
Pathway, and Transit Hub, once the projects were ready for construction and/or
operation; and
WHEREAS, the County has facilitated construction of the Lions Park Transit Hub,
located on the southeast corner of the intersection of Highway 191 and Highway 128,
providing for grant administration and funding for the project; and
WHEREAS, the City has obtained $500,000 of Transportation Enhancement funding
from the Utah Department of Transportation ("UDOT") and $963,674 from the Federal
Highway Association's National Scenic Byways funding for use on Lions Park, and has
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budgeted for an additional $366,000 in Local Agency Match funds for the total project
budget of $1,829,674; and
WHEREAS, the City has facilitated, funded and constructed water and sewer facilities to
serve Lions Park and the Lions Park Transit Hub; and
WHEREAS, the City and UDOT have entered into a Federal Aid Agreement that defines
the terms for the funding, construction and maintenance of Lions Park and commits the
City to provide the Local Agency Match for Lions Park; and
WHEREAS, the City and County intend to share the costs and responsibilities of
development, operation and management of the proposed public improvements in the
manner set forth in this agreement:
NOW THEREFORE, the parties agree as follows:
AGREEMENT
1. Definition of Terms.
For the purposes of this Agreement, the following terms shall be interpreted as
having the meanings defined in this paragraph:
a. "Lions Park" shall mean the area of Lions Park proper on the south side of
the Colorado River and north side of SR 128 that will include a covered
picnic pavilion, picnic tables, landscaped areas, a restroom facility,
playground facilities, two parking lots, water features and other park
improvements. This area excludes the Non -Motorized Bridge and its
appurtenances and Lions Park North. After improvements undertaken by
the City are complete, "Lions Park" will include all improvements
encompassed within the above described area and shown on Attachment
A. Lions Park is partially owned by UDOT and partially owned by Grand
County, as shown in Attachment A.
b. "Non -Motorized Bridge" shall mean the non -motorized bridge that spans
the Colorado River including all appurtenances such as abutments and
ramps, as shown on Attachment A. The Non -Motorized Bridge is owned
by Grand County.
c. "Lions Park North" shall mean the area on the north side of the Colorado
River that encompasses the boat launch and adjacent area, as shown in
Attachment A.
d. "Lions Park Transit Hub" shall mean the area south of SR-128
constructed by Grand County, including a pedestrian/bicycle underpass,
parking lot, trail, restroom, shade structure, and related facilities, as shown
on Attachment A. The Transit Hub is owned by Grand County.
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e. "Colorado River Pathway" shall mean all of the non -motorized trail
improvements from Lions Park extending eastward between the Colorado
River and SR-128. This pathway consists of various types of sections
including an at -grade pathway with or without a retaining wall and
elevated trail structure, ultimately extending to Negro Bill Canyon. It also
includes the trail system shown as "Grand County Trail System" as shown
in Attachment A.
f. "MOU" shall mean the Memorandum of Understanding between Grand
County and City of Moab for Development, Operation, and Management
of Lions Park, Trail, and Transportation Hub that was enacted in July of
2009.
g•
"Local Agency Match" shall mean the matching funds paid by the City in
the amount of twenty percent (20%) of the total project budgets for
projects receiving Transportation Enhancement and National Scenic
Byway funds for the construction of Lions Park.
2. Provision of Services
a. The County Agrees:
i. To continue to pay for utilities associated with Lions Park until the
completion of the Lions Park improvement project. The County shall not
be responsible for maintenance of any park facilities during construction
of the Lions Park Improvement Project.
ii. To allow the City to place and maintain improvements including but not
limited to landscaping, irrigation, parking, access roads, water spigots, and
other related park items on County owned property north of SR-128, as
part of the improvement project at Lions Park.
iii. To coordinate with UDOT for inspections of the Non -Motorized Bridge,
Bicycle/Pedestrian Underpass, and the elevated portions of the Colorado
River Pathway and appertaining structures and provide for the long and
short-term maintenance for any identified major repairs.
iv. Within Lions Park, to maintain the asphalt portions of the pathway that
were constructed as part of the Transit Hub and Colorado River Pathway
project.
b. The City Agrees:
i. To take over maintenance of Lions Park improvements once construction
of the improvement project at Lions Park is complete.
ii. To complete the construction of the improvement project at Lions Park,
including grant administration and construction management and
administration.
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iii. To work with UDOT to effect a lease agreement between the City and
UDOT for use of UDOT property located within Lions Park.
iv. To work with UDOT to effect a Landscape Maintenance Agreement
between the City and UDOT for use of portions of the UDOT rights -of -
way along US-191 and SR-128 where needed for Lions Park facilities.
v. To complete the construction of utilities connecting Lions Park to the
Transit Hub and from the Transit Hub to the existing City utility systems.
These utility mains and a sewer lift station at Lions Park will be placed at
the City's expense as part of a separate utility project.
vi. To cooperate with Grand County in providing services required by Grand
County at a mutually agreed upon cost for regular maintenance of
facilities at the Transit Hub including restrooms, landscaping, and trash. A
separate interlocal agreement may be entered into to provide for specific
terms and conditions for this arrangement.
vii. To manage reservation and rental services for the pavilion within Lions
Park, once construction of Lions Park is complete
viii. To operate and maintain the lift station within Lions Park and will
maintain all water and sewer main lines in the project area.
c. Each party hereto agrees to confer and coordinate with the other party as
needed in providing the services outlined herein.
3. Financial Responsibilities
a. The County Agrees:
i. To fund regular maintenance and upkeep of the Lions Park Transit Hub
and Colorado River Pathway facilities, as well as the asphalt portions of
the pathway that were constructed as part of the Transit Hub and Colorado
River Pathway Project. If desired, the County may contract with the City
to provide regular maintenance of the facilities at the Transit Hub. This
contract may be accomplished through an amendment to this interlocal
agreement.
ii. To cooperate with the City in the planning and funding for major
maintenance or improvements to the facilities covered by this agreement.
iii. To provide funding for solid waste pick-up for Lions Park North and the
Transit Hub.
iv. To provide funding for all utility services for the Lions Park Transit Hub
b. The City Agrees:
i. To provide the required Local Agency Match for funding of the Lions
Park Project. Based on 20% of the total Lions Park project budget, the
City has budgeted $366,000 for this purpose.
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ii. To fund utility connections from Lions Park to the Transit Hub and from
the Transit Hub to the existing City utility system. The estimated cost for
these improvements is approximately $200,000.
To fund regular maintenance and upkeep of Lions Park.
iv. To provide funding for solid waste pick-up at Lions Park.
v. To provide funding for utility services at Lions Park.
vi. To cooperate with the County in the planning and funding for major
maintenance or improvements to the facilities covered by this agreement.
c. The City and County mutually agree to work out any additional funding issues
that may arise.
4. Administration of Agreement
The parties agree that the City Manager and the County Council Administrator or
County Council Designee will administer this agreement.
5. Ownership of Improvements
a. The parties hereby acknowledge that the Lions Park, Pathway, and Lions Park
Transit Hub facility improvements are being made for the mutual benefit of
residents and visitors of Moab and Grand County. These improvements will
be an integral part of the gateway to Moab and Grand County.
b. It is understood that the Lions Park site is owned in part by Grand County and
in part by UDOT. It is understood that any structures or improvements to the
Lions Park site shall be owned by the entity paying for the structures and/or
improvements, except for any improvements to the Grand County Trail
System, as shown in Attachment A, which shall be owned and maintained by
Grand County. In the case of structures or improvements funded by both the
City and the County, ownership of said facilities shall revert to the underlying
property owner, except for facilities located on UDOT property, in which case
the City and County shall mutually agree upon the disposition of such
property on a case by case basis.
c. The County will continue to own the Transit Hub, Colorado River Pathway,
and Non -Motorized Bridge. Maintenance, repair and accessibility of these
facilities will be performed in accordance with the requirements of agreements
with UDOT, this agreement and additional interlocal agreements.
d. The City will continue to own, operate, and maintain the lift station and the
water and sewer main lines throughout the project area.
7. Liability and Insurance
Each party shall hold the other harmless from any damage, liability, claims
judgments or losses arising out of or attributable to any acts and/or activities
undertaken or permitted on any of the facilities described in this agreement. Both
parties shall keep in force and effect a policy of liability insurance covering
activities undertaken on the properties described herein. The County shall not
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have any liability for facilities and structures located on UDOT property, as
shown in Attachment A. Grand County shall not have any liability for activities
associated with or incidental to construction activities undertaken on the Lions
Park property, as shown in Attachment A.
8. Effective Date and Duration of Agreement
This agreement shall become effective immediately upon its approval by each
party's governing body and by the execution of the agreement by the appropriate
officials. This agreement shall remain in effect until six months written notice by
either party. The City shall have six months from the date of the notice to claim
and/or remove any structures placed on County property in accordance with this
agreement.
SIGNED AND DATED:
ATTEST:
Cucad oi-C-t-_
Rachel Stenta, City Recorder
CIT OF MOAB, UTAH
c:. !
BY:
David� . Sakrison,, Mayor
Date: L t — a S'-"/1-4
ATTEST: GRAND COUNTY COUNCIL
By:
Diana Carroll, County Clerk Lynn Jackson, Council Chair
Date:
Wage
Lions Park
Lease Areas
Attachment A N
1 inch = 200 feet
0 50 100
200
Feet
300
Legend
Lease Area 2
Lease Area 1
Grand County Parcel in UDOT Lease Area