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Home My WebLink About10544RESOLUTION NO. 10544 A RESOLUTION APPROVING AN AMENDMENT TO THE JUNE 29, 2001 AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO RELATING TO FENCING OF THE AREA COMMONLY KNOWN AS THE HONOR FARM AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME WHEREAS, City Council has entered into a Fencing Agreement with the State of Colorado acting by and through the Department of Natural Resources for the use and benefit of the Division of Parks and Outdoor Recreation and Board of Park and Outdoor Recreation for fencing the boundary between the City and State properties of the area commonly known as the Honor Farm (Resolution No. 9335). NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Fencing Agreement as approved by Resolution No. 9335, dated June 25, 2001, between the City of Pueblo, a Municipal Corporation, and the State of the Colorado for fencing the boundary between the City and State properties of the area commonly known as the Honor Farm, 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 Amended 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 October 24, 2005 APP 1; 4 A 'i • - R ..= • A, t BY Randy Thurston Councilperson r g*.Io5gq Background Paper for Proposed RESOLUTION AGENDA ITEM # 10 DATE: OCTOBER 24, 2005 DEPARTMENT: COMMUNITY DEVELOPMENT/JIM MUNCH PLANNING DEPARTMENT /JIM MUNCH TITLE A RESOLUTION APPROVING AN AMENDMENT TO THE JUNE 29, 2001 AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE STATE OF COLORADO RELATING TO FENCING OF THE AREA COMMONLY KNOWN AS THE HONOR FARM AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME ISSUE Shall the City Council amend the Fencing Agreement with the State of Colorado for sharing the cost of fencing the Honor Farm property boundary separating the City and State properties? RECOMMENDATION Approval of Resolution. The City entered into a Fencing Agreement on June 29, 2001 (Resolution No. 9335) with State of Colorado for the fencing of the boundary between the City and State properties commonly known as the Honor Farm and including the State's property that is part of Lake Pueblo State Park. The agreement currently requires each agency to independently pay the fence contractor for 50% of the cost of installing the fence. The amended agreement would require the State to be responsible for soliciting, selecting, and payments to the contractor to complete the construction of the fencing. The City's share of 50% of the entire cost, not to exceed $50,000.00, would be paid to the State within 30 days following the State awarding the fencing construction contract. The amended agreement would also allow for the City and State to agree to located sections of the boundary fence onto the City's property in order to reduce the overall cost of the boundary fence due to steep topography and other land features. The City's property within the fenced boundary of Lake Pueblo State Park will be managed by the State in the same manner as the property within the boundary of the Lake Pueblo State Park. FINANCIAL IMPACT The funds to pay for the City's portion of the fencing construction are budgeted and appropriated in project CP0233. The cost of maintaining the fence will be shared equally by the City and State in such manner as mutually agreed upon. AMENDMENT TO FENCING AGREEMENT This Amendment to Fencing Agreement entered into as of October 24, 2005 2005, by and between the STATE OF COLORADO acting by and through the DEPARTMENT OF NATURAL RESOURCES for the use and benefit of the DIVISION OF PARKS AND OUTDOOR RECREATION AND BOARD OF PARKS AND OUTDOOR RECREATION (the "State ") and the City of Pueblo, a Municipal Corporation, (the "City "), WITNESSETH WHEREAS, the parties entered into a Fencing Agreement dated June 29, 2001 for fencing the boundary between the parties' properties located in Pueblo County, Colorado commonly known and described as the Honor Farm; and WHEREAS, the parties desire to amend the Fencing Agreement in order to facilitate the completion of the installation of the fence and provide for the appropriate management of the properties. NOW THEREFORE, the State and City agree that the Fencing Agreement is hereby amended to read as follows: Section 2. is hereby amended to read as follows: 1. Modification of Paragraph 2. Paragraph 2 of the Agreement is hereby amended to read as follows: The Boundary Fence (the "Fence ") shall be constructed at such time as both parties shall mutually agree. The Fence shall consist of four (4) strand barb wire with metal "T" posts, approximately four (4) feet in height. The State shall be responsible for soliciting, selecting, and payments to the contractor to complete the construction of the fencing. The City's share of 50% of the entire cost, not to exceed $50,000.00, will be paid to the State within 30 days following the awarding of the fencing construction contract by the State and a written request to the City for payment of the City's portion of the fencing costs. 2. Addition of Paragraph 6. A new paragraph 6 is added to the Agreement to read as follows: A. In order to minimize the cost of installing the Fence along the boundary of the properties due to the topography of the land, to improve safety, and allow for better management of the properties, the alignment of portions of the fencing can vary from the property boundary onto the City's property. The Fence alignment shall be mutually agreed upon by both parties. B. The City's property within the fenced boundary of Lake Pueblo State Park will be managed by the State in the same manner as the property within the boundary of the Lake Pueblo State Park. C. The State shall have no claim of ownership to the City's property within the fenced boundary of Lake Pueblo State Park or upon which the fence encroaches for the purposes of minimizing the cost of constructing the fence, public safety, and allowing for better management of the parties properties. D. To the extent authorized by law, the State shall indemnify, save and hold harmless the City, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees incurred as a result of any act or omission by the State, or its employees, agents, subcontractors, or assigns upon or with respect to City property that is within the fenced area included and managed as part of Lake Pueblo State Park. To the extent that there is any conflict or inconsistency between the provisions set forth in the Agreement and those contained in this Amendment, the provisions contained in this Amendment shall be controlling. The Fencing Agreement as amended herein shall continue in full force and effect binding on State and City and their respective successors and assigns. Executed at Pueblo, Colorado as of the day and year first above written. STATE OF COLORADO Bill Owens, Governor By - �R_�- .-,_,A �I 1 Lyle Lave irector Colorado Division of Parks and Outdoor Recreation PUEBLO, a Municipal Corporation [SEAT.} B resident of the ity Counc� Attest: � t1t, City rk APPROVED AS TO FORM: City Attorney STATE OF COLORADO ) COUNTY OF ss. The foregoing instrument was acknowledged before me this � day of � 2005, by L e Laverty, Director, Colorado Division of Parks 31}}d Outdoor Recreatio (24A q— r�- kfa_. " �1� rte /LSl L C �4Y'r Witness my hand and official seal My commission expires: [SEAL] STATE OF COLORADO ) ss. COUNTY OF PUEBLO ) Notary Public The foregoing instrument was acknowledged before me this L(O Hay of l JL tUbrr , 2005, by Robert D. Schilling, Jr. as President of City Council and Gina Dutcher as City Clerk of Pueblo, a Municipal Corporation. Witness my hand and official seal. My commission expires: 8 Notary Public -3- ISEALI