HomeMy WebLinkAbout08943RESOLUTION NO. 8943
A RESOLUTION APPROVING AN AGREEMENT BETWEEN
PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO
SCHOOL DISTRICT NO. 60 RELATING TO THE PUEBLO
SCHOOL FOR THE ARTS AND SCIENCES PLAYGROUND
AND PARK PROJECT AND AUTHORIZING THE PRESIDENT
OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1
The Agreement dated February 28, 2000 between Pueblo, a municipal corporation and
Pueblo School District No. 60 relating to the Pueblo School for the Arts and Sciences playground
and park project, a copy of which is attached hereto, having been approved as to form by the City
Attorney, is hereby approved.
SECTION 2
The President of the City Council is authorized to execute and deliver the Agreement in the
name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same.
INTRODUCED: February 28, 2000
By Al Gurule
Councilperson
ATTEST:
City C k P sident of the City Council
AGREEMENT
THIS AGREEMENT entered into as of February 28, 2000 by and between Pueblo, a
municipal corporation (the "City ") and Pueblo School District No. 60 (the "District "),
WITNESSETH:
Recitals
A. The Pueblo School for the Arts and Sciences ( "PSAS ") was granted a charter school
designation by District. The designation was formalized through a contract between the District and
the University of Southern Colorado (the "University ") which included the use of the Washington
Elementary School site owned by District ( "Washington Site ").
B. A portion of the Washington Site described on the attached Exhibit A is used and
occupied as a playground and park ( "Playground and Park Property ").
C. City made application to the State Board of the Great Outdoors Colorado Trust Fund
( "GOCO ") as the sponsor of PSAS for funding to construct, install and complete the project for the
Playground and Park Property ( "Project ").
D. GOCO and City have or will enter into a Grant Agreement dated December 14, 1999
whereby GOCO will make available $98,000.00 to the City for the completion of the Project.
E. The Grant Agreement requires the City to operate and maintain the Project in a
reasonable state of repair for the purposes specified in the Project Application for at least 20 years
in accordance with generally accepted standards in the park/recreation /wildlife community
( "Maintenance Obligations ").
F. District has committed to retain title to the Playground and Park Property and to
maintain the Project for a period of twenty (20) years.
NOW, THEREFORE, in consideration of the foregoing Recitals, City's acceptance and
execution of the Grant Agreement, and the mutual covenants contained herein, City and District
agree as follows:
1. City will accept and execute the Grant Agreement and make the $98,000.00 grant
funds available for the construction, installation and completion of the Project by the University.
District will permit and allow the Project to be constructed and installed on the Playground and Park
Property.
2. District will continuously for a period of at least twenty (20) years after completion
of the Project:
(a) Retain ownership and title to the Playground and Park Property;
(b) Assume and perform the Maintenance Obligations, i.e., District will maintain
the Project in a reasonable state of repair for the purposes specified in the Project Application in
accordance with generally accepted standards in the park/recreation /wildlife community; and,
(c) Permit, authorize and allow the public including the residents of the
community surrounding the Playground and Park Property to have access to and use of the
Playground and Park Property and the Project (except during school hours) subject to reasonable
rules and regulations established by District. For purposes hereof "school hours" means 7:30 a.m.
to 3:30 p.m. on scheduled school days for approximately 180 days each year.
3. City shall have no obligation or liability with respect to or arising out of the Project
or the Playground and Park Property, or the use thereof by any person, other than making the
$98,000.00 GOCO grant funds available for the construction, installation and completion of the
Project by the University.
4. The parties by entering into this Agreement, do not waive or intend to waive by any
provision of this Agreement any rights, immunities, conditions or protections under the Colorado
Governmental Immunity Act, C.R.S. §24 -10 -101, et seq., as it may from time to time be amended,
or otherwise available or provided under any other law to the parties and their respective officers,
employees or agents.
5. To the extent not prohibited by law and subject to the Governmental Immunity Act,
the District will indemnify, defend, and hold harmless the City, its officers, agents and employees
from any and all liabilities, claims, demands, damages or costs resulting from, growing out of, or in
any way connected with or incident to the operation and maintenance of Project and the Playground
and Park Property, or the use thereof by any person, except for the negligence of the City, its officers,
agents, or employees.
6. Colorado law applies to the interpretation and enforcement of this Agreement.
7. Any provision of this Agreement which imposes upon District any financial
obligation to be performed in any fiscal year subsequent to the year of execution of this Agreement
is expressly made subject to funds for such financial obligation being appropriated, budgeted, and
otherwise made available in the sole discretion of the Board of Education. Notwithstanding the
provisions of this paragraph to the contrary, the person who is responsible for preparing the budget
for District for each subsequent fiscal year shall include in the budget sufficient funds to perform any
financial obligation to be performed by District under this Agreement in such subsequent fiscal year,
and the decision whether to budget and appropriate such funds shall be made solely by the Board of
Education.
8. If any provision of this Agreement, or the application thereof is found to be invalid,
the remainder of the provisions of this Agreement, or the application of such provision other than
those as to which it is found to be invalid, shall remain in full force and effect.
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9. Except as expressly provided herein, this Agreement constitutes the entire agreement
of the parties. No oral understanding or agreement not incorporated in this Agreement shall be
binding upon the parties. No changes in this Agreement shall be valid unless made as an amendment
to this contract, approved by and signed by the parties in this Agreement.
10. Time is of the essence. Time is of the essence in this Agreement.
11. The City and District hereby acknowledge and agree that this Agreement is intended
only to cover the relative rights and obligations between the City and District, and that no third parry
beneficiaries are intended.
12. Each party hereto has reviewed and revised (or requested revisions of) this
Agreement, and therefore, any usual rules of construction requiring that ambiguities are to be
resolved against a particular party shall not be applicable in the construction and interpretation of
this Agreement.
13. The relationship between the parties is purely contractual, each party is acting as an
independent contractor in its separate capacity, and not as an officer, employee or agent of the other
party.
14. District acknowledges receipt of a copy of the Grant Agreement and Project
Application.
Executed in Pueblo, Colorado as of the day and year first above written.
[SEAL]
Attest:
City Cl
PUEBLO SCHOOL DISTRICT NO. 60
I:
[SEA
of the Board of Education
A t t e s t - 1 5 " , 1 . z /z/ J�'. � / � - --
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.r ID FEB
03'00 15 :56 No.005 P.02
WAS(;INGTON SCHOOL PLAYGROUND IMAL DESCRIPTION - 1745 Acero
Parcel 15- 112 -21 -001 Tax Dist 60B
Neighborhood.133
ype REAL
Name: SCHOOL DIST NO 60 Sub Name
NONE On bile
Address 315 W 11TH ST Location
NO Locations On File
PUEBLO CO 81003 -2804
Legal Description
LOTS 1 TO 21 INC BLK 6 UNIVERSITY HTS + W 1/2 VAC ALLEY ADJ + E 1/2 VAC
ALMA AVE ADJ, ALSO: LOT'S 22 TO 42 INC BLK 6 UNIVERSITY HTS + E 1/2 VAC
ALLEY ADJ ALSO ALL Or BLK 7 UNIVERSITY HTS
Assessors Current Information
Current Use Exempt Actual
Assessed
Land 9142 185600 0
0
Imps. 0 0
0
Total 185600 0
0
Treasurers Information
Mill 91.716 TXD 60B Assessed Value 0
Year 1994 Orig. Tax 0.00
Amount Due 0.00
Prior Tax Information No prior Tax
Alert Information Exempt
lik h A ' FAhr"f
WASHINGTON SCHOOL BUILDING LEGAL DF- SCRIPTION - 1745 Acero
Parcel 15- 112 -25 -001
Lots 1-42, Block 7. University Heights