HomeMy WebLinkAbout10210RESOLUTION NO. 10210
A RESOLUTION APPROVING A MANAGEMENT AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND GREENWAY AND NATURE CENTER OF PUEBLO, INC.
RELATING TO THE MANAGEMENT OF THE NATURE CENTER, APPROVING AN
ASSIGNMENT, ACCEPTANCE AND CONSENT RELATING TO THE PUEBLO MOUNTAIN PARK
CARETAKER'S BUILDING AND ASSOCIATED GROUNDS, AND AUTHORIZING THE
PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The Management Agreement dated June 1, 2004 between Pueblo, a municipal corporation
and Greenway and Nature Center of Pueblo, Inc. relating to the management of the Nature Center,
a copy of which is attached hereto, having been approved as to form by the City Attorney, is
hereby approved.
SECTION 2.
The Assignment, Acceptance and Consent dated June 1, 2004 between Greenway and
Nature Center of Pueblo, Inc., Mountain Park Environmental Association and City of Pueblo,
relating to the assignment and transfer of the March 27, 2000 Management Agreement for the
Pueblo Mountain Park Caretaker's building and associated grounds, a copy of which is attached
hereto, having been approved as to form by the City Attorney, is hereby approved.
SECTION 3.
The President of the City Council is authorized to execute and deliver the Management
Agreement described in Section 1 hereof and the Assignment, Acceptance and Consent described
in Section 2 hereof, in the name of the City and the City Clerk is directed to affix the seal of the City
thereto and attest same.
SECTION 4.
This Resolution shall become effective upon final passage and approval.
INTRODUCED Auqust 23, 2004
BY Michael Occhiato
Councilperson
Q . # /0210
D D D
D
Background Paper for Proposed
RESOLUTION
AGENDA ITEM #
DATE: August 23, 2004
DEPARTMENT: Law Department
TITLE
A RESOLUTION APPROVING A MANAGEMENT AGREEMENT BETWEEN PUEBLO, A
MUNICIPAL CORPORATION AND GREENWAY AND NATURE CENTER OF PUEBLO,
INC. RELATING TO THE MANAGEMENT OF THE NATURE CENTER, APPROVING AN
ASSIGNMENT, ACCEPTANCE AND CONSENT RELATING TO THE PUEBLO
MOUNTAIN PARK CARETAKER'S BUILDING AND ASSOCIATED GROUNDS, AND
AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME
ISSUE
Should the City Council approve a Management Agreement for the Honor Farm and
Assignment of the Management Agreement for the Pueblo Mountain Park caretaker's
building and associated grounds?
RECOMMENDATION
Approve the Management Agreement and Assignment.
BACKGROUND
The 1993 Management Agreement with Greenway and Nature Center of Pueblo, Inc. for
the Nature Center needs to be modified since the ownership and lease of the Honor Farm
land has changed and the term of the 1993 Management Agreement will expire in the near
future. The term of the 2004 Management Agreement is for five years and seven months
from June 1, 2004 to December 31, 2009 with an option to renew for an additional five
years. Generally, the covenants and provisions of the 2004 Management Agreement are
the same as those of the 1993 Management Agreement.
The City and Greenway and Nature Center of Pueblo, Inc. entered into a Management
Agreement for the Pueblo Mountain Park caretaker's building and associated grounds
dated March 27, 2003. The management of those facilities has and is being performed by
the Mountain Park Environmental Association. Mountain Park Environmental Association
desires that the Management Agreement be assigned to it and the Greenway and Nature
Center of Pueblo, Inc. approves such assignment which requires City's consent.
FINANCIAL IMPACT
None
IN WITNESS WHEREOF, City and Manager have executed this Amendment No. 4 to
the Management Agreement as of the date first written above.
NATURE AND RAPTOR CENTER CITY OF PUEBLO, a Municipal Corporation
OF PUEBLO, INC.
By4 ; By
,)Y7\1"---j\---
iSamf Gal ag `er, Executive Director
Azad, City Manager
ATTEST:
Gin. utcher, City Clerk
APPROVED AS TO FORM:
61,11 A"4Xj . I .C970 i// f-[--' ,
City Attorney
Page 2 of 2
Mr Jerry M. Pacheco
City Manager - City of Pueblo
1 City Hall Place
Pueblo, CO 81003
Dear Mr Pacheco
The Nature and Raptor Center of Pueblo, formerly known as the Greenway and Nature Center of
Pueblo, Inc , does hereby give notice to the City of Pueblo of the exercise of its option to renew the
Management Agreement dated as of May 1, 2004, between the City and Greenway and Nature
Center of Pueblo, Inc ( "Management Agreement ") for an additional term of five (5) years upon the
same terms, covenants and conditions (except any right and option to renew) from January 1, 2010
to December 31, 2014 as set forth in section 17 of the Management Agreement.
Dated 11 1 X1 , 2009
N URE AND RAPTOR CENTER OF PUEBLO
By QA.A 7Q.6.---
Pret dent-
Receipt and Acknowledgment
The City of Pueblo hereby acknowledges receipt of the Nature and Raptor Center of Pueblo,
Inc , formerly known as the Greenway and Nature Center of Pueblo, Inc , notice of the exercise of its
option to renew the term of the Management Agreement for five (5) years upon the same terms,
covenants and conditions (except any right and option to renew) pursuant to Section 17 of the
Management Agreement ( "Notice ") and further acknowledge that the Notice was timely given.
Dated ///2 3 , 2009
TYOF'`EB e
i
B ,
Jerry o \City Manager
AMENDMENT TO
A MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO,A
MUNICIPAL CORPORATION, AND GREENWAY AND NATURE CENTER OF
PUEBLO, INC. RELATING TO THE MANAGEMENT OF THE NATURE CENTER,
APPROVING AN EXTENSION OF THE MANAGEMENT AGREEMENT
THIS AMENDMENT No. 3 is entered into on this 31stday of December, 2014 by and
between the City of Pueblo, a Municipal Corporation (the "City"), acting by and through the
Department of Natural Resources for the use and benefit of the Board of Parks and Outdoor
Recreation as lessor (the "State"), and Greenway and Nature Center of Pueblo, Inc., now known
as Nature and Raptor Center of Pueblo, Inc. (the "Manager").
WHEREAS, City and the Manager entered into a Management Agreement between the
City of Pueblo, a Municipal Corporation, and Greenway and Nature Center of Pueblo, Inc. for
the management of the Nature Center(the "Management Agreement") on August 23, 2004 for an
initial term that expired on December 31, 2009; and
WHEREAS, the Management Agreement provided for one 5-year extension of the term
of the Management Agreement; and
WHEREAS, Manager exercised its option to renew and extend the Management
Agreement on November 23, 2009 for a second term which expires on December 31, 2014; and
WHEREAS, City and Manager are desirous of extending the second term of the
Management Agreement for an additional six months; and
WHEREAS, this Amendment constitutes a "minor amendment" to an agreement within
the meaning of Section 1-5-2(2)(f) of the Pueblo Municipal Code, as amended, under which the
City Manager has authority to make minor amendments to contracts without obtaining the
approval of City Council.
NOW, THEREFORE, in consideration of the foregoing and the mutual terms and
conditions set forth herein, the City and Manager agree as follows:
1. The term of the Management Agreement is hereby extended for an additional 6-
months commencing January 1, 2015 and ending June 30, 2015 ("Extended Term").
2. Except as expressly modified by this Amendment, the Management Agreement, as
previously amended, shall remain in full force and effect. Except as modified by this
Amendment, the obligations of either party to be performed under the Management
Agreement, as previously amended, are not waived nor excused in any manner, but
shall be performed in accordance with the terms and conditions of the Management
Agreement, as previously amended, as it existed prior to this Amendment.
Page 1 of 2
IN WITNESS WHEREOF, City and Manager have executed this Amendment No. 3 to
the Management Agreement as of the date first written above.
NATURE AND RAPTOR CENTER CITY OF PUEBLO, a Municipal Corporation
OF PUEBLO, INC.
By By A./•
Jo (Gallag er, Executive Director Sam Azad, City Manager
ATTEST:
Gin utcher, City Clerk
APPROVED AS TO FORM:
City Attorney '<'(7
Page 2 of 2
I
MANAGEMENT AGREEMENT
THIS MANAGEMENT AGREEMENT entered into as of June 1, 2004 between Pueblo, a
Municipal Corporation, 1 City Hall Place, Pueblo, Colorado, 81003 (the "City ") and Greenway and
Nature Center of Pueblo, Inc., a Colorado nonprofit corporation, 5200 West 11th Street, Pueblo,
Colorado, 81003 (the "Manager ").
RECITALS
1. City is the lessee under the Lease Agreement dated June 29, 2001 between City and
the State of Colorado, acting by and through the Department of Natural Resources for the use and
benefit of the Board of Parks and Outdoor Recreation as lessor (the "State ") (the "Lease ") for the real
property described in attached Exhibit A and the owner of the real property described in attached
Exhibit B. Both properties and all improvements thereon, whether now existing or hereafter
constructed or installed, are herein collectively referred to as the "Property."
2. Manager is desirous of entering into a management agreement to develop, operate and
maintain on the Property a nature center for environmental and recreation purposes ( "Nature
Center ").
3. City is willing to enter into a management agreement with Manager for the Nature
Center upon the terms and conditions contained herein.
NOW, THEREFORE, in consideration of the foregoing recital and mutual covenants
contained herein, City and Manager agree as follows:
1. Grant City hereby grants to Manager, subject to the terms and conditions herein
provided, the right and privilege to use, administer and manage the Property as and for a Nature
Center. Manager accepts such grant and agrees to continuously use, administer and manage the
Property as and for a Nature Center in compliance with the terms and conditions of the Management
Agreement.
2. Superior Leas e . The Management Agreement and all terms, covenants and conditions
herein and use of the Property are in all respects subject and subordinate to the terms, covenants and
conditions of the Lease. Manager acknowledges receipt of a copy of the Lease.
3. Term The term of the Management Agreement is five (5) years and seven (7)
months, commencing Junel, 2004 and ending December 31, 2009, unless sooner terminated as
herein provided.
4. Use. Manager shall continuously use the Property solely for the purpose of
developing, operating and maintaining the Nature Center.
5. Conditions of Use Manager and the use of the Property are subject to and
conditioned upon the following covenants which Manager agrees to perform and comply with:
5.1 Manager shall comply with all applicable ordinances, laws and regulations
affecting the Property and the use thereof by Manager, including without limitation,
environmental, wetlands protection, and health and hazardous waste laws, ordinances and
regulations.
52 Manager shall maintain the Property in good condition, appearance and state
of repair regardless of cause of need for maintenance and repairs except those necessitated
by reasonable wear and tear, acts of God or casualty not under the control of Manager.
Manager shall upon the termination or expiration of the Management Agreement deliver and
surrender the Property in good condition, appearance and state of repair.
5.3 Manager shall not permit, create, commit, or allow and shall protect the
Property, against, any loss, damage, any dangerous condition, injury or waste, ordinary wear
and tear, fire or other casualty not under its control, and acts of God excepted.
5.4 If the presence of Hazardous Materials on the Property caused or permitted
by Manager or the activities conducted on the Property by Manager results in contamination
of the Property, then Manager shall be responsible to remove, clean up and remediate such
contamination and Manager shall indemnify, defend and hold the City and State harmless
from all claims, judgments, damages, penalties, fines, costs, liabilities or losses, including
all expenses and reasonable attorney fees, which arise, directly or indirectly, during
Manager's prior use and occupancy of the Property, or during or after the expiration or
termination of the Management Agreement as a result of such contamination or the failure
of Manager to comply with applicable federal, state and local environmental and hazardous
waste laws, ordinances and regulations. The term "Hazardous Material" includes, without
limitation, any material or substance that is (1) defined or designated as a "hazardous
substance," "hazardous waste" or a "regulated substance" under applicable state or federal
law or regulation, (ii) petroleum products, or (iii) asbestos. The indemnification provisions
of sections 5.4 and 12.2 shall survive the termination of the Management Agreement.
5.5 City may enter the Property at any reasonable time to view the Property and
examine the conditions thereof, and for any lawful purpose necessary to enforce applicable
laws and ordinances and the provisions of the Management Agreement.
5.6 Manager acknowledges and agrees that City makes no warranties or
representations whatsoever with respect to the condition of the Property, environmental or
otherwise. Manager acknowledges that it is and has been in possession of the Property under
Modified Management Agreement between Manager and City dated January 25, 1993 and
has had the opportunity to inspect the Property and agrees to take possession and use of the
Property in its present condition "AS IS," and "WITH ALL ITS FAULTS."
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5.7 The relationship between City and Manager is purely contractual and Manager
is not nor shall Manager be construed to be the agent or partner of the City. Manager has no
authority to bind the City to any contract or undertaking made or entered into by Manager.
6. Manager's Representations Manager represents and warrants that:
6.1 Manager is a nonprofit corporation duly organized and existing under the laws
of the State of Colorado and an exempt organization described in section 501(c)(3) of the
Internal Revenue Code.
6.2 Manager has approved and authorized by all necessary actions and approvals
the Management Agreement and its execution and delivery by its undersigned officers.
6.3 The Management Agreement constitutes the valid and legally binding
obligation of Manager and is enforceable against Manager in accordance with its terms.
Activities
7.1 The scheduling ofpermitted activities on the Property and the conduct of such
activities, including the frequency and type of activities, shall be the responsibility of
Manager and within its discretion.
7.2 All activities conducted on the Property shall be open to the general public
and, if applicable, shall be sanctioned by an appropriate sanctioning body. Manager may
charge a reasonable fee or admission charge, provided, that all such fees and charges shall
be used in the development, management and operation of the Nature Center and Manager
shall submit to City at least annually an accounting of the revenue from such fees and
charges including their expenditures.
7.3 Manager shall not in the use or operation of the Property, the Nature Center,
or activities conducted thereon discriminate on the basis of race, color, creed, national origin,
disability, sex or age.
7.4 All ordinances of the City of a regulatory or police nature, including without
limitation, building codes and traffic ordinances shall apply to and govern the Property and
activities conducted thereon the same as if the Property were located within the City.
Manager shall control all noise and fugitive dust from roadways and activities conducted on
the Property.
Development
8.1 The Property shall only be used and developed in accordance with a Master
Plan submitted to and approved by the City Manager of City ( "City Manager ").
QcM
8.2 All buildings and other improvements of a permanent nature which Manager
plans to construct on the Property must receive preliminary written approval from City
Manager. In addition, the plans and construction drawings for all building and other
improvements on the Property must be designed by a professional engineer or architect and
submitted to the City Manager for review and written approval prior to the commencement
of construction.
8.3 All buildings and improvements presently existing on the Property or
hereafter constructed and installed on the Property shall be and remain the property of the
City, except, that if Manager constructs or installs any building or improvement on the
Property without written approval of the City Manager as provided in section 8.2 above, City
may, at its option, require Manager to remove such building or improvement and restore the
Property to the condition existing prior to the construction or installation of such building
or improvement.
8.4 Manager shall not cause or permit any lien or encumbrance to be place on or
asserted against the Property or any building or improvement thereon.
8.5 Manager shall not raze, remove, structurally change or substantially alter or
modify any building, structure or improvement on the Property without first obtaining the
written approval of City Manager.
8.6 Any request for approval of the City Manager required by Sections 8.1, 8.2
or 8.5 shall be deemed denied if such approval is not given by the City Manager in writing
within thirty (30) days after receipt thereof by the City Manager.
9. Utilities and Roads Manager shall at its expense install, extend and maintain all
roads within the Property and access roads to the Property, except County Roads, and utility services
to the Property and pay all charges for all utilities serving the Property.
10. Taxes Manager shall pay, before same become delinquent, all taxes assessed, levied
or imposed against the Property, Manager's personal property thereon, and all activities conducted
on the Property.
11. CijYs Rights
11.1 City reserves the right to grant rights of way and easements on, over and
across the Property which do not materially interfere with Manager's use of the Property.
11.2 City reserves the right to enter upon the Property at all reasonable times for
the purpose of inspection.
11.3 City reserves the right to cross over the Property including the right to install,
-4-
maintain, repair, remove and relocate utilities, roads, roadways, trails and trail systems over,
under and across the Property at such location or locations as City may determine.
12. Insurance and Liability
12.1 Manager shall, at its expense, maintain and keep in force (i) comprehensive
commercial liability insurance including contractual coverage naming the City as an
additional insured in amounts not less than $1 million single limit for property damage and
personal injury, (ii) fire and extended coverage insurance naming the City as loss payee
insuring all buildings and improvements on the Property to their full replacement value, and
(iii) workers' compensation insurance required by Colorado law. Manager shall furnish
copies or certificates of such insurance to the City's Director of Finance. All net proceeds
from fire and extended insurance shall be used by Manager to repair or rebuild the property
damaged by such insured casualty, provided, that if Manager declines to repair or rebuild the
property, the net proceeds of such insurance shall be paid to City and the Management
Agreement shall terminate. Manager and City mutually release and discharge each other
from all claims, liability or damage caused by or arising from any casualty or hazard covered
by such fire and extended coverage insurance.
12.2 Manager shall be in control and possession ofthe Property as provided herein,
and City shall not, in any event whatsoever, be responsible or liable for any injury or damage
to any property or any person while on the Property or resulting from or arising out of the use
of the Property by Manager or activities conducted thereon. As to the City, Manager agrees
to assume the risk ofall injuries, including death resulting therefrom, to persons, and damage
to and destruction of property, including loss of use thereof resulting from or arising out of,
directly or indirectly, wholly or in part, any activities or prosecution of work undertaken by
Manager on the Property or the use of the Property by Manager or the use of the Property by
others under Manager's supervision or control or with the permission of Manager, and
Manager shall indemnify, defend, and save harmless City and its officers, agents and
employees therefrom.
12.3 Notwithstanding anyprovision ofthe Management Agreement to the contrary,
no term or condition of the Management Agreement shall be construed or interpreted as a
waiver, either express or implied, of any immunities, rights, benefits or protection provided
or available to City under applicable law including without limitation those provided and
available to City under the Colorado Governmental Immunity Act, §24 -10 -101, et seq.
C.R. S., as amended or as may be amended. The parties understand and agree that the City's
and its officers', agents' and employees' liability for claims for injury to persons or property
is controlled and limited by the provisions of §24 -10 -101, et seq., C.R.S. as amended or as
may be amended. Any provision of the Management Agreement, whether or not
incorporated herein by reference, shall be controlled, limited and otherwise modified so as
to limit any liability of the City, its officers, agents and employees to the above cited law.
-5-
12.4 City will pay the following percentage of the premium for fire and extended
coverage insurance: 60% thereof for the first year of the term, 40% thereof for the second
year of the term, and 20% thereof for the third year of the term. Manager will reimburse City
for all amounts paid by City for fire and extended coverage insurance as follows: one -third
thereof during the fourth year of the term, one -third thereof during the fifth year of the term,
and one -third thereof during the first year of the extended term, if extended.
13. Termination and Default
13.1 Superior Lease. If the Lease with respect to the Property is terminated for any
reason, the Management Agreement shall terminate.
13.2 The Management Agreement may be terminated by mutual consent.
13.3 If either party is in default hereunder, the non - defaulting party may given
written notice describing the default to the defaulting party. If the defaulting party does not
correct such default within thirty (30) days after receipt of said notice, or if the default cannot
be corrected within said 30 -day period and the defaulting party fails to commence action to
correct the default within said 30 -day period and thereafter diligently pursue corrective action
to completion, the non - defaulting party may upon an additional ten (10) days notice
terminate the Management Agreement and, except for accrued rights and liabilities
hereunder, upon such termination each party shall be released from all future duties and
obligations hereunder.
13.4 Upon termination of the Management Agreement for any reason, all rights of
Manager hereunder shall cease and terminate and Manager shall immediately and peacefully
surrender and deliver possession of the Property to City.
14. Notice Any notice required or permitted herein shall be in writing and delivered
personally or by first class mail, postage prepaid, as follows:
(a) If to City, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: City Manager.
(b) If to Manager, 5200 West 11th Street, Pueblo, Colorado, 81003.
Each party reserves the right to change its address provided notice of such change is given in
accordance herewith.
15. Eminent Domain If the Property shall be taken by right of eminent domain, in whole
or in part, the Management Agreement shall terminate and all compensation and damages which may
be awarded for such taking shall belong to and be the sole property of City.
16. Water and Mineral Rights All water rights and all right, title and interest in and to
IE
all minerals, ores, sand and gravel, metals of any kind and character, coal, asphalt, oil, gas, or like
substances, in, on or under the Leased Premises, including the right of surface entry thereto, are
reserved by the City and are not part of the Property.
17. Renewal If not in default hereunder, Manager shall have the right and option to
renew the Management Agreement for an additional term of five (5) years upon the same terms,
covenants and conditions, except the right and option to renew granted hereby. If Manager desires
to renew the Management Agreement after the expiration of the original term hereof, Manager shall
within six months prior to December 31, 2009 so notify City, otherwise, Manager's right and option
to renew hereby granted shall cease and terminate.
18. Miscellaneous Provisions
18.1 No assent, express or implied, by City to any breach or default by Manager
in the performance of any one or more of the covenants hereof shall be deemed or taken to
be a waiver of any succeeding breach of or default in the same or different covenant.
18.2 In the event of any litigation arising out of the Management Agreement, the
court shall award to the prevailing party all costs and expenses, including but not limited to,
reasonable expert witness and attorney fees. Venue for any such litigation shall be Pueblo
County, Colorado. To the extent permitted by law, each party waives their right to a jury and
consent to all litigation being tried to the Court.
18.3 Time is of the essence hereof and the Management Agreement shall be
binding upon and inure to the benefit of the parties and their respective successors and
approved assigns.
18.4 Manager shall not assign the Management Agreement or any of its rights
thereunder or sublet all or any part of the Property without the prior consent by resolution of
the City Council of City, provided, however, Manager may sublet the restaurant located on
the Property without prior consent of City Council.
18.5 No amendment or modification of the Management Agreement shall be
effective unless in writing and signed by all of the parties hereto.
18.6 The Management Agreement constitutes the entire agreement of the parties
with regard to the subject matter hereof and supersedes any and all prior agreements and
understandings whether oral or written.
18.7 At all times during the performance of the Management Agreement, the
parties shall adhere to and be bound by all applicable federal, state and laws, ordinances and
regulations.
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18.8 Nothing in the Management Agreement, expressed or implied, is intended nor
shall be construed to confer upon, or give to, any person or entity other than the City or
Manager any right, remedy, or claim under or by reason of the Management Agreement or
any covenant, condition or provision hereof, and all covenants, conditions, provisions and
agreements contained in the Management Agreement by or on behalf of City or Manager
shall be for the exclusive and sole benefit of City and Manager.
18.9 Financial obligations of the City payable after the current fiscal year are
contingent upon funds for that purpose being appropriated, budgeted and otherwise made
available. Neither the Management Agreement nor anyprovisions thereof shall be construed
as creating or constituting (i) a mandatory payment obligation of the City in any fiscal year
beyond a fiscal year in which City has budgeted, appropriated and otherwise made available
funds for payment of any financial obligation imposed on it by the Management Agreement,
or (ii) a multiple -fiscal year direct or indirect debt or financial obligation of the City within
the meaning of Sec. 20, Art. X of the Colorado Constitution.
18.10 The Modified Management Agreement between City and Manager dated
January 25, 1993 is hereby terminated and canceled effective June 1, 2004 and City and
Manager are hereby released and discharged from all future obligations thereunder.
IN WITNESS WHEREOF, the parties have extended the Management Agreement in Pueblo,
Colorado on the day and year first above written.
[SEAL]
ATTEST:
1
PUEBLO, a Municipal Corp tion
f
By z - 2 -
President the City Council
[SEAL]
1 1_0 rj�! • //i
GREENWAY AND NATURE CENTER
OF PUEBLO, INC.
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in
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EX MIT A
RAPTOR LEASE DESCRIPTION;
A TRACT OF LAND LOCATED IN THE S 1/2 OF THE S 1/2 OF SECTION 28 AND THE N 1/2 OF THE
N 1/2 OF SECTION 33, BOTH IN TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 .. PRINCIPAL
MERIDIAN, PUEBLO COUNTY, COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 28; THENCE N88 0 26'33 "E
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 28, A DISTANCE OF
252.60 FEET; THENCE SO1 °42'34 "E A DISTANCE OF 103.36 FEET TO A POINT ON THE SOUTHERLY
RIGHT -OF -WAY OF A COUNTY ROAD (40 FOOT RIGHT-OF-WAY); THENCE S84 °53'00 "E ALONG
SAID SOUTHERLY RIGHT -OF -WAY, A DISTANCE OF 239.51 FEET TO THE EASTERLY EDGE OF A
GRAVEL ROAD (8 STREET), SAID POINT ALSO BEING THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION:
L THENCE N07 °44'27 "E ALONG THE EASTERLY EDGE. OF SAID GRAVEL ROAD (8' STREET), A
DISTANCE OF 595.18 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF NATURE CENTER
ROAD (SAID SOUTHERLY RIGHT -OF -WAY LINE BEING POSITIONED AT 30.00 FOOT
SOUTHERLY AND PARALLEL TO THE CENTER OF THE PAVED PORTION OF SAID NATURE
CENTER ROAD);
THE FOLLOWING NINE (9) COURSES FOLLOW SAID SOUTHERLY RIGHT -OF -WAY LINE OF
NATURE CENTER ROAD:
2. THENCE S74 0 46'50 "W A DISTANCE OF 1914.10 FEET TO A POINT OF CURVE TO THE RIGHT;
3. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 500.00 FEET,
A DELTA ANGLE OF 21 °56'09 ", AN ARC LENGTH OF 191.43 FEET, WHOSE LONG CHORD
BEARS S85 0 44'55 "W A DISTANCE OF 190.26 FEET;
4. THENCE N83 0 17'01 "W A DISTANCE OF 133.00 FEET TO A POINT OF CURVE TO THE LEFT;
5. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 170.00 FEET, A
DELTA ANGLE OF 29 0 41'58 ", AN ARC LENGTH OF 88.12 FEET, WHOSE LONG CHORD BEARS
S81 °52'00 "W A DISTANCE OF 87.14 FEET TO A POINT OF COMPOUND CURVE TO THE LEFT;
6. THENCE ALONG THE ARC OF SAID COMPOUND'CURVE TO THE LEFT WITH A RADIUS OF
60.00 FEET, A DELTA ANGLE OF 46 ° 46'21 ", AN ARC LENGTH OF 48.98 FEET, WHOSE LONG
CHORD. BEARS S43 0 37'51 "W A DISTANCE OF 47.63 FEET TO A POINT OF COMPOUND CURVE
TO THE LEFT;
7. THENCE ALONG THE ARC OF SAID COMPOUND CURVE TO THE LEFT WITH A.RADIUS OF
1000.00 FEET, A DELTA ANGLE OF 03 °53'42 ", AN ARC LENGTH OF 67.98 FEET, WHOSE LONG
CHORD BEARS S 18° 17'50 "W A DISTANCE OF 67.97 FEET TO A POINT OF COMPOUND CURVE
TO THE LEFT;
8. THENCE ALONG THE ARC OF SAID COMPOUND CURVE TO THE LEFT WITH A RADIUS OF
150.00 FEET, A DELTA ANGLE OF 23 °32'41 ", AN ARC LENGTH OF 61.64 FEET, WHOSE LONG
CHORD BEARS SO4 0 34'38 "W A DISTANCE OF 61.21 FEET TO A POINT OF COMPOUND CURVE
TO THE LEFT;
9. THENCE ALONG THE ARC OF SAID COMPOUND CURVE TO THE LEFT WITH A RADIUS OF
1200050 FEET, A DELTA ANGLE OF 00 °41'01'; AN ARC LENGTH OF 143.20 FEET, WHOSE
LONG CHORD BEARS S07 °32' 13 "E A DISTANCE OF 14120 FEET TO A POINT OF COMPOUND
CURVE TO THE LEFT;
10. THENCE ALONG THE ARC OF SAID COMPOUND CURVE TO THE LEFT WITH A RADIUS OF
500.00 FEET, A DELTA ANGLE OF 17 °35'44 ", AN ARC LENGTHOF 153.55 FEET, WHOSE LONG .
CHORD BEARS S16 0 40'36 "E A DISTANCE OF 152.95 FEET;
11- THENCE S27 "W A DISTANCE OF 156.54 FEET;
I2. THENCE S28 0 50'55 "E A DISTANCE OF 200.12 FEET;
13. THENCE N61 0 09'05 "E A DISTANCE OF 409.18 FEET;
14. THENCE S02 0 10'02 "E A DISTANCE OF 26.65 FEET;
15. THENCE S83 0 09'02 "E A DISTANCE OF 265.00 FEET;
1 , `
�
16. THENCE S08 "E A DISTANCE OF 122.73 FEET TO THE NORTHERLY RIGHT -OF -WAY LINE
OF THE PUEBLO AND ARKANSAS VALLEY RAILROAD, SAID POINT ALSO BEING A POINT
ON A NON - TANGENT CURVE TO THE RIGHT;
THE FOLLOWING FIVE (5) COURSES FOLLOW SAID NORTHERLY RIGHT -OF -WAY LINE OF THE
PUEBLO AND ARKANSAS VALLEY RAILROAD:
17. THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 1482.68 FEET,
A DELTA ANGLE OF 09 0 25'48 ", AN ARC LENGTH OF 244.03. FEET, WHOSE LONG CHORD
BEARS N78 0 53'47 "E A DISTANCE OF 243.75 FEET;
18. THENCE N83 "E A DISTANCE OF 753.00 FEET TO A POINT OF CURVE TO THE LEFT;
19. THENCE. ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF T FEET A
DELTA ANGLE OF 34 ° 03'00 ", AN ARC LENGTH OF 538.05 FEET, WHOSE LONG CHORD BEARS
N66 VE A DISTANCE OF 530.16 FEET, .
20. THENCE N49 0 33'41 "E A DISTANCE OF 148.90 FEET TO A POINT OF CURVE TO THE RIGHT;
21, THENCE ALONG THE ARC OF SAID CURVE TO THE RIGHT WITH A RADIUS OF 1482.69 FEET,
A DELTA ANGLE OF 13 0 49'24 ", AN ARC LENGTH OF 357.71 FEET, WHOSE LONG CHORD
BEARS N56 0 28'23 "E A DISTANCE OF 356.85 FEET;
22. THENCE N84 0 53'00 "W A DISTANCE OF 380.70 FEET TO THE TRUE POINT OF BEGINNING OF
THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 43.98 ACRES, MORE OR LESS.
TOGETHER WITH AN EASEMENT FOR EXISTING ROADS, UTILITIES AND INDIVIDUAL SEWAGE
DISPOSAL SYSTEMS OVER GRANTORS PROPERTY, WHICH SERVE THE ABOVE DESCRIB ED
PROPERTY AND THE CITY NATURE CENTER LYING CONTIGUOUS TO THE ABOVE D E S EST
PORTION OF THE ABOVE DESCRIBED PARCEL,
BASIS OF BEARINGS FOR THESE DESCRIPTIONS IS THE WEST LINE OF THE NORTHWEST
QUARTER OF SECTION 28, TOWNSHIP 20 SOUTH, RANGE 65 WEST OF THE 6 P.M., WHICH IS
ASSUMED TO BEAR N01 0 14'08"W, FROM THE WEST QUARTER CORNER OF SAID SECTION 28
(A 3 1/4" BLM BRASS CAP), TO THE NORTHWEST CORNER OF SAID SECTION 28 (A 3 1/4" BLM
BRASS CAP).
THE FOREGOING DESCRIPTION WAS PREPARED BY:
RAYMOND JOSEPH PECHEK PLS 24.964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS, COLORADO 80921
(719) 531 -0001
JUNE 22, 2001
o vi
a rn
D= 29'41'58" =21'58.09 RO p 1914. O
.00'
R =48.x' " L =88.12' L =191.43' `6d R0 SECTION 28+ SO7'3.36 "E� c
8'26'36 "*- . z
Da0 N833 'O7" 0 SECTION 33 P.O. C. 52.60
4
L =67.96' RAVEL PARKING 40' 8TH STREET
.> ( 9VEL
p= rRETAIN G WALL � E 2J9.51 N84 S3
R =t 0.0 " �. 0 _L.� 00 w3
L =61.64' BUI- ING BUILDI P. 0.8 • 0
R= '4 " L= 143.20' Qf �f O
L =153.55 LEASE AREA 43 98 AC.
CENTER ROAD -
NATURE i
60 RO a SO 'E D =3403'00' k ' �
a �
S2T0315`W y TF�Nc SO8'20'Q2'E 1-536:05'
1 .54 122.3 9'25'48" ROCK WALL
' 0 =0
INO 00 R= 1482.68' N83' "
" 1 =244.. ' RETAINING. W4LL
p AS VALLEY RAIL
B
ARKANSAS RIVE -
a
w
EXISTI Cl Y PROPERTY
n SCALE 1'.V•
STATE HONOR FARM TRADE - FIGUI;_
RAPTOR CENTER LEASE
1
EXHIBIT B
All that portion of land in the NE 1/4 of the NW 1/4 and the NW 1/4 of the NW 1/4 of Sec. 33, T -20-
S, R -65 -W conveyed to the City of Pueblo by the Deed recorded at Number 56199, in Page 105,
Book 1915, in the office of the County Clerk and Recorder, Pueblo County, Colorado.
ASSIGNMENT, ACCEPTANCE AND CONSENT
For valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the
Management Agreement dated as of March 27, 2000 ( "Management Agreement ") between the City
of Pueblo ( "City") and Greenway And Nature Center of Pueblo, Inc. ( "Center ") is hereby assigned
and transferred by and from Center to Mountain Park Environmental Association, a Colorado
nonprofit corporation ( "Association ").
Association accepts such transfer and assignment and agrees to be bound by all the terms and
covenants of the Management Agreement and to perform all functions and obligations imposed on
Center thereunder to the same effect as if Association were an original party to the Management
Agreement.
City consents to the foregoing assignment and transfer, and releases and discharges Center
from all obligations thereunder. No further assignment ofthe Management Agreement shall be valid
or enforceable without the prior written consent of City.
Executed in Pueblo, Colorado as of the 1 st day of June, 2004.
City of P blo
By
President jdf the City Council
Attest:
City C
Mountain Park Environmental Association
Greenway and Nature Center of Pueblo, Inc.
i
By any j
Name S�r" 2. A r Ke s i--( e-
Title C ha; r o E +I,.d err L . I
AA.vu-n jot � C r
Attest: a, .,M t o166pt. L.
Name DxLmL ? hOuL
Title e p Res ro tw t% G E P—