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HomeMy WebLinkAbout10842RESOLUTION NO. 10842 A RESOLUTION APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE MOUNTAIN PARK ENVIRONMENTAL ASSOCIATION OF PUEBLO FOR THE RENOVATION AND OPERATION OF THE PUEBLO MOUNTAIN PARK LODGE AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME WHEREAS, the Mountain Park Environmental Association currently operates an environmental learning center at Pueblo Mountain Park; and WHEREAS, the Mountain Park Environmental Association would like to renovate the Horseshoe Lodge in Pueblo Mountain Park and operate its programs from the Lodge; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The agreement dated October 23, 2006 between the Mountain Park Environmental Association of Pueblo, Inc. and the City of Pueblo, a Municipal Corporation, for the renovation and operation of the Pueblo Mountain Park Horseshoe Lodge, a copy of which is attached and incorporated herein, 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 the Agreement on behalf of Pueblo, a Municipal Corporation, and the City Clark shall affix the seal of the City thereto and attest the same. INTRODUCED October 23, 2006 BY Randy Thurston Councilperson APPROVED: President of City Council ATTESTED BY: CITY CLERK Background Paper for Proposed RESOLUTION 1Qo . : H l oggl _ AGENDA ITEM # DATE: October 23, 2006 DEPARTMENT: OFFICE OF THE CITY MANAGER THOMAS MARTINEZ, ASSISTANT CITY MANAGER FOR CONTRACT SERVICES RICH ZAJAC, DIRECTOR OF PARKS AND RECREATION TITLE A RESOLUTION APPROVING A MANAGEMENT AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE MOUNTAIN PARK ENVIRONMENTAL ASSOCIATION OF PUEBLO FOR THE RENOVATION AND OPERATION OF THE PUEBLO MOUNTAIN PARK LODGE AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME ISSUE Should City Council approve an agreement with the Mountain Park Environmental Center for the renovation and operation of the Horseshoe Lodge located at Pueblo Mountain Park? Approval of the Resolution. The current agreement with the Mountain Park Environmental Center (MPEC) covers the building originally designated as a caretakers residence. The building now houses MPEC. The proposed agreement would replace the agreement with a new scope of responsibilities to include renovation of the Horseshoe Lodge and MPEC's operations from that location. Covering a five -year period, the agreement allows for building renovations to be done in phases after prior consultation and approval by the City of Pueblo. Upon the completion of successful renovations, MPEC will operate the Lodge as a Retreat lodge as well as an environmental learning center. The term of the contract is for a period of five (5) years from October 23, 2006 to October 22, 2011. MPEC shall have the right and option to extend the initial agreement for an additional five years. Additionally, MPEC may extend the term of the agreement after the extended term for two successive terms of five years each. FINANCIAL IMPACT The Mountain Park Environmental Center is responsible for raising all funds needed for the physical renovation of the Horseshoe Lodge. Construction is not to begin until the funds are available and deemed sufficient by the City. Phase One funds are to be raised by the MPEC by December 1, 2008. MPEC is not to request more than eighteen percent of its annual operating budget from the City of Pueblo or from the Community Services Advisory Commission. MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (the "Agreement") entered into as of ID-2q , 2006 between City of Pueblo, a municipal corporation (the "City ") and Mountain Park Environmental Association, a Colorado nonprofit corporation (the "Center"), WITNESSETH: FIYOy14IW61 0yl The following terms when used herein shall have the following meanings: (a) "Commencement Date" means the date Center enters into a binding and enforceable contract with a qualified and licensed contractor to construct, install and complete Phase 1. (b) "Horseshoe Lodge" or "Lodge" means the two -story horseshoe building generally located within and adjacent to the east boundary of the Pueblo Mountain Park west of South Creek including the land shown on the attached Exhibit "A." (c) "Phase 1" means the conversion of the upstairs central portion of the Lodge into offices and classrooms. (d) "Phase 2" means renovation of one of the Lodge's two wings, including: constructing several dorm -style rooms, each of which will accommodate fifteen (15) to twenty (20) overnight users; zoned heating; insulation; creation of one or more breakout rooms; and upgrading the current restroom and showering facilities, including the possible addition of one or more smaller restroom facilities. (e) "Phase 3" means renovation of the other wing of the Lodge, including: constructing several individual rooms, each of which will accommodate two (2) to five (5) overnight users; zoned heating; insulation; creation of one or more breakout rooms; and upgrading the current restroom and showering facilities, including the possible addition of one or more smaller restroom facilities. (f) "Phase 4" means renovation of the Lodge's downstairs kitchen and dining areas. Phase 4 may be accomplished concurrently with Phase 2. RECITALS: A. City is the owner of the Lodge. B. Center has the staff, experience and knowledge to develop and manage the Lodge as an Environmental Center and Retreat Lodge. C. Center is desirous of entering into a Management Agreement for the Lodge and the City is willing to enter into such Management Agreement upon the terms and conditions of this Management Agreement. NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants contained herein, City and Center agree as follows: 1. For purposes of this Agreement the phrase "develop, promote, operate and maintain the Lodge as an Environmental Center and Retreat Lodge" as used herein means performing the following activities and services: (a) to develop, implement, coordinate, and provide a variety of programs which allow students, as well as families and adults, the opportunity to learn about and enjoy the natural and cultural history of the Pueblo Mountain Park; (b) to develop in the Lodge an environmental education center providing multi -day environmental education programs for area schools and groups; (c) to develop and implement interpretive media at the Lodge and other locations in the Pueblo Mountain Park which will increase the awareness and appropriateness of the uses of the Pueblo Mountain Park; (d) to develop and implement programs for and to otherwise encourage individuals and groups to use the Pueblo Mountain Park; (e) to develop, implement and coordinate through the City's Department of Parks and Recreation volunteer projects to maintain and improve the Pueblo Mountain Park and fund raising for special projects; and (f) to develop, implement and coordinate the public use of the Lodge as a Retreat Lodge. 2. Center shall have the right to possession and use of the Lodge during the Initial Term and any extension thereof. Center shall develop, promote, operate and maintain the Lodge as an Environmental Center and Retreat Lodge under the general supervision of the City's Park and Recreation Director (the "Director"). Center shall at its expense famish and provide all personnel, supplies, furniture, equipment, transportation and telephone, internet access, and fax utilities reasonably required and necessary for Center to perform its duties hereunder and to operate the Environmental Center and Retreat Lodge. Center, at its expense, shall cause the ramp to the Lodge to meet the requirements of the Americans With Disabilities Act. 3. Center shall not have any right or priority in the use of the Pueblo Mountain Park, including without limitation, trails or buildings located thereon, other than the Lodge, and its activities shall not negatively impact the other users of the Pueblo Mountain Park. Center shall schedule and coordinate Center's use of other areas of the Pueblo Mountain Park, including without limitation, buildings located thereon, with the Director. Center shall clean -up all other buildings or areas of the Pueblo Mountain Park used by Center or used for any Center - sponsored event. 4. The Initial Term of the Agreement is five (5) years commencing on Commencement Date and ending five (5) years thereafter, unless sooner terminated as herein provided. If not in default hereunder, Center shall have the right and option to extend the Initial Term for an additional period of five (5) years ( "Extended Term ") upon the same covenants and conditions except that Center shall not have the right and option to extend the Extended Term. If Center desires to extend the Initial Term, Center shall deliver to City written notice of its exercise of the option to extend no later than six (6) months prior to the end of the Initial Term. If Center fails to timely deliver the notice to City, the right and obligation to extend the Initial Term hereby granted shall cease and terminate. 5. Center may extend the term of this Agreement after the expiration of the Extended Term for two (2) successive periods of five (5) years each, upon covenants and conditions mutually agreeable to Center and City ( "Mutually Extended Term "). If Center and City are unable for any reason to agree upon the covenants and conditions of a Mutually Extended Term on or before one hundred twenty (120) days prior to the expiration of the then current Term, either the Extended Term or the first Mutually Extended Term, whichever the case may be, this Agreement shall terminate at the expiration of such current Term. 6. Center further acknowledges and agrees, that: (a) The dormitories which form a part of the Lodge shall prior to Commencement Date be booked for use by the Director. Thereafter, Center shall book all use of the Lodge on a first come, first serve basis. Center shall establish reasonable fees for use or the dormitories, subject to modification by resolution of City Council. (b) No construction of any Phase shall be commenced without the prior written consent of the City, which consent shall not be unreasonably withheld, and then only after Center has raised funds sufficient in the sole opinion of City to complete the Phase. The current estimated cost for the Phases are as follows: Phase I - $100,000; Phase 2 - $270,000, Phase 3 - $270,000 and Phase 4 - $17,000 ( "Required Funds "). (c) All Phases shall be designed, constructed and installed (i) in compliance with all laws, ordinances, building codes and regulations including, without limitation, the US. Secretary of Interior's Standards for the Treatment of Historic Properties, and (ii) in accordance with plans and specifications therefor prepared by a Colorado licensed architect and approved by the City. (d) Center shall pay all costs and expenses incurred in the construction of all Phases. Center shall not request City to pay nor shall the City be obligated to pay any part thereof. (f j City reserves the right, without obligation on its part to do so, to develop, operate, improve, and maintain the Pueblo Mountain Park or any part thereof, as it may determine in its sole discretion, at any time, regardless of the desires or view of Center, and without interference or hindrance from Center or liability to Center. The City Manager shall have the right after notifying the Center to close the Pueblo Mountain Park or any roads or facilities therein in order to preserve the public health, safety, and welfare and to protect property. 7. Upon and after Commencement Date, Center shall have the use of the City's furniture and equipment currently located in the Lodge and listed on attached Exhibit `B" ( "Equipment "). Center shall maintain and keep the Equipment in good condition and repair and upon termination of this Agreement return the Equipment to City in the same condition as received, reasonable wear and tear and damage caused by fire or other casualty excepted. 8. This Agreement shall terminate upon the occurrence of any one of the following events: (a) Mutual consent of the parties. (b) If either party is in default hereunder, the non - defaulting party may give written notice describing the default to the defaulting party. If the defaulting party does not correct the 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 the 30 -day period or commences action to cure the default within the 30 -day period and thereafter fails to diligently pursue corrective action to completion, the non - defaulting party may terminate this Agreement upon an additional ten (10) days notice given to the defaulting party. (c) Center does not raise and have under its sole control the Required Funds for Phase 1 in full on or before December 1, 2008. (d) Center does not on or before December 1, 2008 enter into a construction contract with a qualified licensed contractor to construct, install and complete Phase 1. (e) If the Lodge becomes untenantable for any reason including fire or other casualty and City, it its sole discretion, decides not to rebuild or repair the Lodge, this Agreement shall terminate as of the date of the occurrence of such casualty. Upon termination of the Agreement as above provided, the parties shall be released from all future obligations hereunder and Center shall peacefully surrender and deliver possession of the Lodge and Land to the City in good repair and condition, reasonable wear and tear and damage caused by fire or other casualty excepted. 9. Center shall, from Commencement Date and during the effective period of the Agreement, at its expense, maintain the Lodge and all improvements and systems therein in good condition, appearance and state of repair, provided that City will maintain the exterior of the Lodge. Center shall not conduct any waste on or within the Lodge or the Pueblo Mountain Park 4 and shall comply with all laws, ordinances and regulations affecting Center's use of the Lodge and other portions of the Pueblo Mountain Park, and all activities conducted thereon. 10. Except for the maintenance of the exterior of the Lodge, City shall not be obligated to repair, maintain, alter or improve the Lodge. Center agrees not to request or solicit from the City or the Community Services Advisory Commission any funds in excess of eighteen percent (18 %) of its operating budget, excluding any and all capital expenditures. All financial obligations of the City under this Agreement are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. 11. From Commencement Date and during the effective period of this Agreement, Center will pay for all propane gas, telephone, electrical, and any other utility services used in or supplied to the Lodge. City will provide water services to the Lodge by and through City's water distribution system existing on date hereof, subject to and conditioned upon (a) Center paying City a reasonable charge for water services, (b) availability of water and water supply, and (c) the ability of the City's water supply and distribution system, existing as of the date hereof, to provide water to the Lodge. Except for minor repairs and normal maintenance, City shall have no obligation to maintain, repair, replace or upgrade City's water supply and distribution system or any part thereof. Wastewater services are available to the Lodge by use of the existing individual sewer disposal system located on the Land. The Center shall be responsible for the maintenance, repair, replacement, and upgrading, if required, of the existing individual sewer disposal system. City shall not be responsible for the interruption or failure of any such service regardless of the cause of such interruption. Center may install and use a cistern as a water supply for the Lodge. 12. Center shall not make any alteration, improvement or remodeling to the Lodge without City's prior written consent, which consent shall not be unreasonably withheld. All approved alterations, improvements, and remodeling to the Lodge shall be at Center's expense and become part of the Lodge. 13. Center shall indemnify and hold City, its officers, employees and agents harmless from and defend them against any and all claims of liability, including cost of defense and reasonable attorney fees, for any injury or damage to Center or its officers, employees or agents, or to any third person or to any property while upon, about or around the Pueblo Mountain Park including the Lodge, caused or occurring by reason of Center's use or occupancy of the Pueblo Mountain Park including the Lodge or the negligent acts or omissions of Center, its officers, agents or employees. Center shall secure and maintain commercial liability insurance for the protection of Center and City and their respective officers and employees with coverage in amounts of not less than the amounts specified in C.R.S. §24 -10 -110, or as same may be subsequently amended and naming the City as an additional insured. Center shall annually furnish the Director proof of such insurance. 14. If the presence of Hazardous Materials in or upon the Pueblo Mountain Park including the Lodge is caused or permitted by Center or the activities conducted thereon by Center results in contamination of the Pueblo Mountain Park or the Lodge, then Center shall be 5 responsible to remove, clean up and remediate such contamination and Center shall indemnify, defend and hold the City 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 or after the expiration or termination of this Agreement as a result of such contamination or the failure of Center 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 (i) 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. 15. Center acknowledges and agrees that City has not made nor herein makes any warranties or representations whatsoever with respect to the quality, quantity or condition of the Lodge or the Pueblo Mountain Park, environmental or otherwise, or the Lodge's fitnesses for Center's anticipated use. Center acknowledges that it has had the opportunity to inspect the Lodge and agrees to take possession and use of the Lodge on Commencement Date in its then condition "AS IS AND WITH ALL ITS FAULTS." 16. Center shall not in employment or application for employment or the use or operation of the Lodge or activities conducted thereon discriminate against any person on the basis of race, color, creed, national origin, disability, sex or age. 17. All membership dues, fees, cash donations, in -kind donations and activity fees and charges received by the Center shall be used by Center in the operation and development of the Lodge and the Pueblo Mountain Park, and Center shall submit to City at least annually an accounting of the revenues from such dues, donations, fees and charges including their expenditures. 18. No term or condition of this Agreement shall be construed or interpreted as a waiver, 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 and its officers and employees under the Colorado Governmental Immunity Act, C.R.S. §24 -10- 101, et seq., 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 C.R.S. §24 -10 -101, et seq., as amended or as may be amended. All provisions of this 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. 19. Nothing in this 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 Center any right, remedy, or claim under or by reason of this Agreement or any covenant, condition or provision thereof, and all covenants, conditions, provisions and agreements contained in this Agreement by or on behalf of City or Center shall be for the exclusive and sole benefit of City and Center. 20. In the event of any litigation arising out of this Agreement, the exclusive venue 6 for such litigation shall be Pueblo County, Colorado and the court shall award to the prevailing party all costs and expenses including reasonable expert witness and attorney fees. 21. The persons signing this Agreement on behalf of Center, represent and warrant that they and Center are authorized to execute and deliver this Agreement in the name of Center and this Agreement constitutes the valid and legally binding obligation of Center and is enforceable against Center in accordance with its terms. 22. Time is of the essence hereof. This Agreement shall be construed in accordance with Colorado law and be binding upon and inure to the benefit of the parties and their respective successors. 23. This Agreement constitutes the entire understanding between the parties and supersedes all prior statements, representations, warranties, or agreements between the parties or any of their officers, agents or employees covering the subject matter hereof. No prior statement, representation, warranty or agreement not expressly set forth herein shall be binding upon either party. No amendment, modification or change to this Agreement shall be effective unless in writing, approved by Resolution of the City Council of City, and signed by all of the parties hereto. 24. Center shall not assign this Agreement or any interest herein nor sublease the Lodge or any part thereof. 25. Any notice or other communication under this Agreement by any party shall be in writing and sufficiently given if delivered in person or if delivered by certified mail, postage prepaid, addressed: (a) If to City: Director of Parks and Recreation, City Park, 800 Goodnight, Pueblo, Colorado, 81005, (b) If to Center: Director, Mountain Park Environmental Association, Beulah, Colorado, 81023, or at such other address as a party may, from time to time, designate in writing given as herein provided. 26. City reserves and shall at all times have the right to (a) enter the Lodge to inspect the same, and (b) to alter, modify, improve and repair the exterior of the Lodge, and for that purpose erect, use, install, maintain scaffolding, pipes, conduit, utilities and other necessary items and structures on, in and through the Lodge where required by the character of the work to be performed. Center hereby waives any claim for damages for any injury or inconvenience to or interference with Center's activities, any loss of occupancy or quiet enjoyment of the Lodge, and any other loss occasioned thereby. 27. CENTER SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OR AGENT OF THE CITY. NEITHER THE CENTER NOR ANY AGENT OR EMPLOYEE OF THE CENTER SHALL BE, OR SHALL BE DEEMED TO BE, AN AGENT OR EMPLOYEE OF THE CITY. THE CENTER SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX ON ANY MONIES PAID PURSUANT TO THIS AGREEMENT. THE CENTER ACKNOWLEDGES THAT THE CENTER AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT OR WORKERS' COMPENSATION INSURANCE BENEFITS UNLESS THE CENTER OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE CITY DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE CENTER SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE CITY TO ANY AGREEMENTS, LIABILITY, OR UNDERSTANDING WHATSOEVER. THE CENTER SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CENTER, ITS EMPLOYEES AND AGENTS. 28. The Management Agreement dated March 27, 2000 between the City and Center as Assignee of Greenway and Nature Center of Pueblo, Inc. relating to the main caretaker's building located in Pueblo Mountain Park shall terminate upon substantial completion of Phase I and City and Center shall be released from all future obligations thereunder. Executed at Pueblo, Colorado as of the day and year first above written. �� [SEAL] PUEB , A MUNICIPAL CO RP `. AT ON ATTEST: 1a K� �t0� By City rk President of the City Council APPROVED AS TO FORM: City Attorney MOUNTAIN PARK ENVIRONMENTAL [SEAL 1, ASSOCIAT� ATTE �/4 PA J By ^ � Secretary President and Director Exhibit B to Management Agreement between City of Pueblo and Mountain Park Environmental Association List of Equipment and furniture owned by the City and to be located in the Lodge (Paragraph 7): 1. Thirteen two -door wood cabinets (dimensions: 38 "x 20.5 "x38 ") 2. Eleven Fire Extinguishers (7 upstairs, 4 downstairs) 3. Two Bathroom tables painted white 4. Fourteen oak church pews (dimensions: 9' long) 5. One long wood bench with built -in seat cabinets 6. Four tables upstairs, three brown, one green & yellow (dimensions: 8'x27 ") 7. Eight pine wood benches upstairs (dimensions: 7.5' long) 8. Hospital Bed & Cabinet (circa 1940) 9. One office desk and chair, wood construction (dimensions: 52" x 32 ") 10. Twenty dining tables downstairs, pine, brown color (dimensions: 8'x 27 ") 11. Thirty -six pine wood benches downstairs (dimensions: 7.5' long) 12. Two gas stoves with ten burners each, two ovens each 13. One kitchen table, white with pine top (dimensions: 10' x 3') 14. One kitchen preparation table, pine, brown (dimensions: 7' x 2') 15. Various kitchen utensils and implements 16. Walk -in Cooler 17. Small Kenmore freezer, City 1D #22670 18. Yellow Glass Display Cabinet 19. Red metal outdoor drinking fountain 20. Three long wood picnic tables for outdoor use 21. Upright Piano. 22. Pool Table and accessories. 23. Six pine wood benches currently at MPEC office at caretaker building (dimensions: 7.5' long) 24. Extra Lodge items (e.g., doors, toilets, lamps, etc.) to be kept in crawl space for long -term storage for Lodge use December 11, 2012 fl City of Pueblo Parks & Recreation Department MO UNTA I N PARK Attention: Steven Meier, Interim Director ENVIRONMENTAL 800 Goodnight Ave CENTER Pueblo, Colorado 81005 A not-for-profit facility dedicated 'to ' Dear Steven, the promotion of Th letter is to seive,as Mountain Park Environmental Center's (MPEC) notice to ecological literacy: the City of Pueblo that our organization requests to extend the Initial` Term or our Management Agreement for the additional period of five years 3 a As stated in item four on page three of the Management Agreement approved through Ordinance Number 7791 on April 28, 2008, this request needs to take place no later than six months prior to the end of the Initial Term, which date is 2 , July 1,.2013 As such, this letter of notice requesting the Extended Term of five . years is being delivered More than six months prior to that date in accordance with the terms of the `agreement: We understand that, as stated in the Management Agreement, our management of Pueblo M ountain Park during the Extended Term will be under the same covenants and conditions as the Initial Term. We express our gratitude to the City of Pueblo, for providing MPEC with the oppo rtunity to manage and steward Pueblo Mountain Park over the past five # years. We assure you that we will manage and steward the' park with the same Y as we have € commitment to excellence and sustainabilit the. the Initial Term: ' " Feel free to contact me at your convenience should you have any questions. Sincerely, Dave. Van Manen Executive Director POBox99, Beulah, CO 81023 Tel: Fax: (866) (719 )488058--44,44844 �Email: mpecC?h`ikeandlearn org www hrkeandlearn org Steven Meier — 8 00 Goodnight Ave Interim Director �� Pueblo, CO 81005 1� Michael Sexton Phone (719) 553 -2790 Assistant Director PARKS AND RECREATION Fax (719) 553 -2791 February 27, 2013 Dave Van Manen, Executive Director PO Box 99 Beulah, CO 81023 RE: Management Agreement — Mountain Park Environmental Center - Ordinance #7791 Extension Dear Dave, Please accept this letter as the City's acknowledgment of your request dated December 11, 2012 to extend the Initial Term of our Management Agreement for a period of five (5) years. Your outstanding management of the Mountain Park Environmental Center over the past years is appreciated. Your request for the extension of the agreement is accepted. The terms of the extension shall comply with the existing agreement dated 4/28/2008. The extension of the agreement will be for five (5) years and will end July 1, 2018. Look forward with working with you and if you have any questions, please contact me at your convenience. Sin 411 . eve u ' a • Interim Director