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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 11Page 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. 21Page 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. 31Page 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. 41Page 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 51Page 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