HomeMy WebLinkAbout14149RESOLUTION NO. 14149
A RESOLUTION AWARDING AND APPROVING A LEASE AND
MANAGEMENT AGREEMENT BETWEEN THE CITY OF
PUEBLO, A MUNICIPAL CORPORATION, AND SOUTHERN
COLORADO MOTOCROSS PROMOTIONS, LLC. FOR THE
OPERATION, MANAGEMENT, AND PROMOTION OF THE
HONOR FARM PARK & OPEN SPACE MOTOCROSS TRACK
AREA AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL
TO EXECUTE THE SAME
BE IT RESOLVED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1:
The Lease and Management Agreement dated January 28, 2019 between the City of
Pueblo, a Municipal Corporation and Southern Colorado Motocross Promotions, LLC, 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 the Lease and Management
Agreement on behalf of the City of Pueblo, and the Acting City Clerk shall affix the Seal of the
City thereto and attest same.
SECTION 3:
The officers and staff of the City are directed and authorized to perform any and all acts
consistent with the intent of the Resolution and the attached agreement to effectuate the
transaction described therein.
SECTION 4.
This Resolution shall become effective immediately upon passage and approval.
INTRODUCED January 28, 2019
BY: Ed Brown
MEMBER OF CITY COUNCIL
APPROVED:
PRESIDENT OF CITY COUNCIL
ATTESTED BY:
ACTING CITY CLERK
City Clerk’s Office Item # M-4
BACKGROUND PAPER FOR PROPOSED
RESOLUTION
COUNCIL MEETING DATE: January 28, 2019
TO: President Dennis E. Flores and Members of City Council
CC: Sam Azad, City Manager
VIA: Brenda Armijo, Acting City Clerk
FROM: Steven Meier, Parks and Recreation Director
SUBJECT:
A RESOLUTION AWARDING AND APPROVING A LEASE AND MANAGEMENT
AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL
CORPORATION, AND SOUTHERN COLORADO MOTOCROSS PROMOTIONS,
LLC. FOR THE OPERATION, MANAGEMENT, AND PROMOTION OF THE
HONOR FARM PARK & OPEN SPACE MOTOCROSS TRACK AREA AND
AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE THE SAME
SUMMARY:
This Resolution approves a Lease and Management Agreement between the City of Pueblo and
Southern Colorado Motocross Promotions, LLC, for the operation, management, and promotion
of events at the motocross track area located within the Honor Farm Park & Open Space with a
term of three (3) years.
PREVIOUS COUNCIL ACTION:
There has been no previous Council Action.
BACKGROUND:
In 1974, the 4,100-acre area known as the Honor Farm property was leased to the City of Pueblo
for 20 years. The lease was renewed in 1994 and continued until 2001. In 2001, the City
purchased 2,373 acres of the northern portion of the property leased from the State of Colorado.
In 2009, the City of Pueblo established the Honor Farm Enterprise responsible for the operation,
management, and improvement of the 2,373-acre Honor Farm property. The Honor Farm
Enterprise, by City Ordinance, is required to be operated and managed without subsidy from the
City’s General Fund. The existing motocross racing facility contains approximately 29 acres that
include a motocross track, pit parking, racing tower, and parking lot.
Requests for Proposals to maintain and operate the motocross track area within the Honor Farm
Park & Open Space was advertised in December of 2017. The Southern Colorado Motocross
Promotions, LLC was considered qualified to fulfil the scope of this proposal.
FINANCIAL IMPLICATIONS:
In accordance with the specifications as described in the RFP and proposal, the Southern
Colorado Motocross Promotions, LLC agrees to pay to the Honor Farm Enterprise the following:
Base Rent
All American Motorcyclist Association (AMA) Sanctioned events at $500.00 per event
All events not sanctioned by the AMA at $250.00 per event
In addition to the base rent, the Operator will also provide one dollar ($1) per each spectator in
the general admission grandstand area or other attendees for all events directly hosted or
administered by the Operator.
Operator will be responsible for paying all utilities, including, but not limited to, electric, gas,
sewage, water, trash, cable, and internet. It is expected that the City will be responsible for various
expenses each year, depending upon required repairs to the motocross track facility and its
infrastructure. The Operator may enter into sponsorship contracts for less than $20,000.00. Any
sponsorship contract over $20,000.00 or involving the naming of the whole, or any portion of, the
leased premises must be approved by the City.
BOARD/COMMISSION RECOMMENDATION:
The Honor Farm Enterprise Advisory Committee has recommended that this Agreement be
approved as submitted.
STAKEHOLDER PROCESS:
Public discussions during regularly scheduled Honor Farm Enterprise Advisory Committee
meetings led to the RFP process for this facility.
ALTERNATIVES:
If this Resolution is not approved, the motocross track facility will remain closed indefinitely and
no improvements will be made.
RECOMMENDATION:
Approval of the Resolution.
Attachments:
Lease and Management Agreement
A LEASE AND MANAGEMENT AGREEMENT BETWEEN
THE CITY OF PUEBLO, A MUNICIPAL CORPORATION,
AND SOUTHERN COLORADO MOTOCROSS
PROMOTIONS, LLC FOR CERTAIN FACILITIES AT THE
HONOR FARM PARK AND OPEN SPACE MOTOCROSS
TRACK
This Agreement ("Agreement") is made and entered into this twenty-eighth day of January 2019
("Effective Date"),by and between the City of Pueblo acting by and through its Honor Farm Properties
Enterprise(hereinafter referred to as "City"), and the Southern Colorado Motocross Promotions, LLC
(hereinafter referred to as "Operator") (each individually a "Party" and together the "Parties").
RECITALS
WHEREAS,the City owns certain real property known as the Honor Farm Park&Open Space
Motocross Track Area, located at 3933 North Pueblo Boulevard, Pueblo, Colorado 81008 (the
"Track"); and
WHEREAS, Operator has experience managing and conducting motor sports events and
desires to lease the Track and manage, use, and operate certain facilities at the Track for the purpose
of conducting motor sports events; and
WHEREAS, City is willing to enter into this Agreement to permit Operator to lease the Track
and manage, use and operate certain facilities at the Track for the purpose of conducting motor sports
events at the Honor Farm Park & Open Space Motocross Track Area in accordance with and subject
to the terms and conditions of this Agreement;
NOW, THEREFORE, in consideration of the mutual promises and agreements of the parties
hereto, and for other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the parties hereby agree as follows:
TERMS AND CONDITIONS
1. DEFINITIONS. As used herein, the following words and phrases shall have the following
meanings:
(a) "Director" means the City's Director of Parks and Recreation, or any person that the
Director of Parks and Recreation may authorize to act in his or her stead.
(b) "Leased Premises" means and includes all of the facilities, tracks, buildings, and land
included within that area of the Track outlined in red on the map and/or aerial photo attached to this
Agreement as Exhibit A. No event shall be conducted outside the leased boundary on the Honor Farm
property without the prior written approval of the City.
(c) "Physical Facilities" shall mean the buildings, parking lots, tracks, plumbing system,
heating system, and electrical system located on the Leased Premises.
(d) "Profit" shall mean adjusted gross income reported on Operator's annual Federal Tax
Return.
(e) "Sponsorship Contract" means any contractual arrangement in which a third-party
business pays for the right to have its product used or sold at the Leased Premises, or to place
advertising signs, banners, and other materials at the Leased Premises.
2. EXHIBITS TO AGREEMENT.
(a) The following exhibits are attached and incorporated hereto as part of this Agreement:
Exhibit A: Area Map with marked perimeter designating the Leased Premises,
Honor Farm Map, Motocross Track Facility Map
Exhibit B: Request for Proposal for Project No. 18-004
Exhibit C: Certificates of Insurance
Exhibit D: PERA Questionnaire
Exhibit E: Conservation Easement
(b) In the event of any conflict between the terms of this Agreement and any Exhibit made
a part of this Agreement, these Terms and Conditions of the Agreement shall take precedence and
control over all Exhibits.
3. GRANT OF EXCLUSIVE RIGHT TO OCCUPY AND OPERATE LEASED
PREMISES.
(a) City grants to Operator the exclusive right to occupy, use, manage, and operate the
Leased Premises in order to conduct motor sports events, subject to:
(1) The City's right to enter the Leased Premises with or without notice to Operator
to inspect the premises,and to perform major repairs.City will use good faith efforts to notify Operator
of its need to enter the Leased Premises.
(2) The City's right to review and approve any and all Sponsorship Contracts as
set forth in Section 9 of this Agreement;
(3) The City's right to inspect the Operator's records, including but not limited to
sales receipts,inventory lists,equipment logs,third party Release Agreements,purchase orders,payroll,
financial records, tax returns and bank statements, or any subcontractor contracted by Operator to
work, manage, or operate all or a portion of the Leased Premises. Any subcontractor agreement must
include a provision reserving this right to the City;
(4) Operator holding, operating and/or managing a guaranteed minimum number
of one (1) racing event (motorcycle or auto) on the Leased Premises, and Operator notifying City at
least fourteen (14) days prior to any event.
4. TERM.
(a) The initial Term of this Agreement shall commence on January 1, 2019 and end on
December 31, 2022 ("Term") unless sooner terminated pursuant to the terms of this Agreement.
(b) This Agreement may be extended for additional two-year terms, following the Term
or any subsequent renewal term, upon the mutual agreement of the parties in writing within one
hundred and twenty (120) days prior to the expiration of the then current term. Any extension beyond
the term of this Agreement is contingent upon the parties negotiating in good faith any changes to the
terms of this Agreement. No extension shall be effective until it is reduced to writing and signed by
both parties. The parties may renegotiate the rental rates at the time of renewal.
5. RENT.
(a) Base Rent.Operator shall pay to the City without notice,offset,or deduction a rent for the
Leased Premises as follows, except as provided in paragraph 13(b) herein:
(1) Per-Use Rental Rates:
A. American Motorcyclist Association ("AMA") Sanctioned Events:
$500.00 per Event
B. Events not sanctioned by the AMA: $250.00 per Event
(2) Rent shall be made payable to Honor Farm Enterprise and delivered to the Director
at the place designated in this Agreement for Notice to the City. Rent shall be paid into the Honor Farm
Properties Enterprise. Rent shall be due without notice, offset or deduction at least fourteen(14)days prior
to Operator's use of the Leased Premises for any event.
(b) Additional Rent. In addition to the Base Rent, Operator will remit to the City one
dollar ($1.00) per spectator in the general admission grandstands or other attendee, for all events
directly hosted or administered by Operator. Pit area and rider entries shall be excluded from this
Additional Rent.
(c) Additional Rent, if any, shall be due and payable within sixty (60) days following the
conclusion of an event. Any and all Additional Rent shall be made payable to the Honor Farm Enterprise
and delivered to the Director at the place designated in this Agreement for Notice to the City.The City shall
use seventy-five percent (75%) of all Additional Rent paid by Operator to maintain, repair, and/or
upgrade the Leased Premises. The City shall consider recommendations from Operator with regards
to the maintenance, repairs, and/or upgrades desired on the Leased Premises or access thereto;
however, the City shall have sole and absolute discretion in all final decisions regarding the
expenditure of the Additional Rent. Unexpended Additional Rent shall be carried over from one year
to the next on an ongoing basis and shall not be refundable to Operator.
(d) Late Fees. Operator shall pay to City a late fee in the amount of five percent(5%) of
the applicable Base Rent, for any Base Rent payment thirty (30)or more days overdue. Operator
shall pay to City a late fee in the amount of five percent (5%) of the Additional Rent, for any
rent payment thirty (30) or more days overdue.
6. UTILITIES.
Operator shall pay, before delinquent, all charges for utilities, including but not limited to gas,
sewage, phone, trash, cable, and internet. Water and electric utilities shall be provided by City to
Operator immediately prior to, during, and immediately following an event at no additional charge.
7. SECURITY DEPOSIT.
(a) Operator shall pay to City and City shall retain a deposit in the sum of Five Hundred Dollars
($500.00) to ensure performance of Operator's obligations under this Agreement. Operator shall pay one
half of the Security Deposit($250.00)upon execution of this Agreement.Operator shall pay the balance of
the Security Deposit($250.00) no later than seven (7) business days after Operator holds its first revenue
generating event. In the event that Operator fails, neglects or refuses to pay any rent, fee, or other sum due
under this Agreement, or fails to perform any obligation under this Agreement, then City may, in its sole
and absolute discretion, draw from this security deposit to remedy Operator's default.Nothing contained in
this Agreement shall require City to remedy Operator's default in this manner, and City may instead, in its
sole and absolute discretion, refuse to remedy Operator's default by drawing on the security deposit, and
instead pursue other remedies for default provided in this Agreement or by law.
(b) In the event that City draws from this security deposit to remedy Operator's default,
City shall notify Operator in writing and require Operator to replenish the deposit to its original level.
Failure of Operator to comply with this section shall constitute a material breach of this Agreement.
(c) Within sixty (60) days after the Term of this Agreement, or any extension thereof,
expires or terminates, City shall refund to Operator the security deposit, less any portion of the security
deposit that City has applied to remedy any of Operator's defaults under this Agreement, including but
not limited to unpaid rent, other sums due under this Agreement, and any damages or cleaning that
may be required, whether discovered during the term of this Agreement or afterward.
8. CITY TO PROVIDE CERTAIN CAPITAL IMPROVEMENTS AND
EQUIPMENT. No capital improvements or equipment will be provided to Operator per the
term of this Agreement.
9. SPONSORSHIP CONTRACTS AND WEBSITE.
(a) Sponsorship Contracts. Operator may enter into sponsorship contracts for less than
Twenty Thousand Dollars ($20,000.00) without the prior written consent of the City; however, the
City reserves the right to require Operator to discontinue any sponsorship contracts and/or advertising
that the City believes, in its sole and absolute discretion, is not within the City's best interests. Any
sponsorship contract over Twenty Thousand Dollars ($20,000.00) or involving the naming of the
whole, or any portion of the Leased Premised must be approved by the City in writing, which approval
may be withheld at the sole and absolute discretion of the City.Operator may not enter into sponsorship
contracts where the sponsorship or advertising is related to marijuana, or any activity prohibited by
Colorado or municipal law.
(b) Website. Operator must work with the City and provide necessary information to the
City in order to update the Honor Farm & Open Space website at all times during the Term of this
Agreement and any extension thereof.Operator must insure a proper link from the Honor Farm&Open
Space website to the City of Pueblo website at all times during the Term of this Agreement. The City
has the right to require Operator to discontinue any advertising on the Honor Farm & Open Space
website that the City believes, in its sole and absolute discretion, is not within the City's best interests.
10. MAINTENANCE OF LEASED PREMISES AND EQUIPMENT.
(a) Operator shall operate, staff, manage, clean, repair, keep clean and sanitary, and
maintain the Leased Premises and equipment. Operator shall perform these duties with reasonable care
according to the highest standards in the industry.
(b) Operator shall use and maintain the Leased Premises in a clean, safe, and orderly manner,
in compliance with all federal, state, and municipal laws and regulations and all rules and polices
promulgated by the Director. Operator shall not allow any drifting events or military training on the race
tracks within the Leased Premises. Operator shall obtain prior written permission from Director prior to
hosting any special or non-standard event.
(c) Operator shall develop and follow a maintenance schedule to control the growth of
natural vegetation on the Leased Premises. This program shall include a regular schedule for weeds
and other vegetation to be sprayed and mowed, or otherwise eliminated. Operator shall ensure that all
natural vegetation in the vicinity of the racetrack and spectator areas shall not exceed five inches (5")
in height, or otherwise as approved by Director. City will provide support to Operator as available to
assist in the control of natural vegetation on the Leased Premises, which may include supplying
information, guidance, or chemicals.
(d) Operator shall not set any portion of the Park on fire, nor use any incendiary or
explosive devices without the prior written approval of the Fire Department and Director and after
obtaining all required permits from the City.
(e) Operator shall repair and restore the Leased Premises and all its tracks and facilities to
pre-event condition within a reasonable time after each Operator event. Operator shall report to the
Director any major damage to the Leased Premises within one (1) business day after the damage
occurs.
(1) Operator shall provide dust control during its use of off-road areas when necessary, to
the extent and degree determined by City in its sole and absolute discretion, which shall include the
use of equipment to spray the tracks when using off-road areas.
(g) Operator shall immediately clean up oil spills or any other fluid spills on the Leased
Premises, including but not limited to the tracks, pits and staging areas. Operator will comply with all
federal, state, and local laws, rules and regulations pertaining to the clean-up and disposal of oil,
chemicals, and other waste.
(h) The City may inspect the Leased Premises at any time to determine if any additional
cleaning is necessary, including but not limited to fluid spills, major debris, screws, and glass. If so
directed by the City after inspection of the Leased Premises, Operator shall perform all necessary
additional clean-up at its sole expense.
(I) Operator shall be responsible, at its sole expense, for all routine maintenance of the
Physical Facilities.
(j) City may, but is not required to, make major repairs to or to replace the Physical
Facilities. If the City decides to make major repairs to or to replace Physical Facilities, Operator shall
pay the first one thousand five hundred dollars($1,500.00) of each repair or replacement. Thereafter,
the City shall pay any and all remaining amounts necessary to repair or replace the Physical Facilities,
so long as the repair or replacement is not necessitated by the negligence of Operator, its employees,
agents, subcontractors, guests and/or invitees; except that the City may, within its sole and absolute
discretion, choose not to repair if it determines the repairs are not necessary to the operation of the
Leased Premises. Should the repair or replacement be necessitated by the negligence of Operator, its
employees,agents,subcontractors,guests or invitees,Operator shall bear sole and exclusive liability for
the repair or replacement. All invoices provided to Operator for maintenance, repair, and/or
replacement of Physical Facilities, shall be paid within forty-five (45) days of the invoice.
11. CONSERVATION EASEMENT; KEYS; AND PYROTECHNICS.
(a) Conservation Easement. Operator understands and agrees that this Agreement and
Operator's use of the Leased Premises is subject to the conditions and limitations of the Conservation
Easement recorded July 2, 2001 as Reception No. 1390542 in the records of the Pueblo County Clerk
and Recorder("Easement") (attached herein as Exhibit E). Operator acknowledges receipt of a copy
of the Easement. City makes no representation or warranty that Operator's intended use of the Park
or the provisions of this Agreement are approved uses or allowed under the Easement. Prior to any
new construction, Operator shall prepare a notice containing the details of such construction, which
the City shall then send to the State of Colorado. Operator shall defend and indemnify City against
any claim that the Conservation Easement was violated through an action or inaction of Operator.
(b) Special Events.Operator shall notify the Director in writing of its intent to host special
events upon the Leased Premises at least forty-five (45) days prior to the event date. Director shall
evaluate each request and shall notify Operator of his approval or disapproval in writing at least thirty
(30) days prior to the event date. For the purposes of this Agreement, "special events" shall be those
that require the relocation, modification, or removal of a structure or improvement on the Leased
Premises, or a physical modification to a feature or surface configuration of any land area within the
Leased Premises, including but not limited to digging mud pits, holes, or other cavities.
(c) Police Department Use. Operator shall negotiate in good faith with the Pueblo Police
Department to allow the Police Department use of the Leased Premises for training purposes.
Operator shall be responsible for any damage that occurs during Pueblo Police Department or other
law enforcement use of the Leased Premises, unless otherwise provided by written agreement.
(d) Keys. Operator must provide access to the Leased Premises upon request by City,
including but not limited to any buildings, facilities, and tracks. In the event that Operator changes
any locks to any buildings, gates, or facilities, Operator must within twenty-four (24) hours provide
a copy of all new keys to the Director. Every key should be marked or otherwise identify the purpose
and/or location within the Leased Premises to which each key pertains.
(e) No Pyrotechnic Devices. Operator shall under no circumstance use pyrotechnic
devices, explosives, fireworks, or incendiary devices of any kind anywhere in the Park without prior
written approval from the Fire Department and the Director, and after obtaining all required permits.
12. INSURANCE,INDEMNITY,AND RELEASES.
(a) Insurance and Proof of Insurance. Operator shall, at least ten (10) days prior to any
event or use of the Leased Premises, obtain the following insurance coverages and provide to the City
the following Certificates of Insurance showing that Operator has obtained the following insurance
coverages. Operator shall maintain all such insurance coverages at all times during all AMA
sanctioned or non-sanctioned events, and at any other time Operator, its employees, representatives,
contractors, volunteers, invitees, or other known person is to be on the Leased Premises:
(1) Workers' Compensation Insurance, including Occupational Disease Provisions
fully complying with the provisions of the Workers' Compensation Act, as amended, of the State of
Colorado. Such insurance shall be obtained notwithstanding that Operator may have no employees as
defined under said Act or that Operator might otherwise avail itself of an exemption under the Act
from any legal requirement to obtain such coverage. Such insurance shall cover all employees of
Operator performing work on the project irrespective of whether such employees may be shareholders,
managers, partners or owners of Operator or exempt employees under the Act. If any class of
employees engaged in hazardous work under this Agreement at the Leased Premises is not protected
by the Workers' Compensation statute, the Operator shall provide, and similarly shall cause each
subcontractor to provide, special insurance for the protection of such employees not otherwise
protected. The Workers' Compensation Insurance policy shall contain an endorsement waiving
subrogation against the City.
(2) Commercial General Liability Insurance issued to and covering the liability of
Operator with respect to all work and events performed by Operator and its subcontractors under this
Agreement, to be written on a Commercial General Liability policy form. This insurance shall be
written in amounts not less than $1,000,000.00 for each occurrence or person and $3,000,000.00
aggregate. This policy of insurance shall be endorsed naming the City of Pueblo, its Enterprises,
controlled Nonprofit Corporations, their officers, agents, and employees as additional insured. The
policy shall also provide coverage for contractual liability assumed by Operator under the provisions
of this Agreement, and "Completed Operations and Projects Liability" coverage. The Commercial
General Liability Insurance policies shall contain a waiver of subrogation.
(3) Comprehensive Automobile Liability Insurance written with limits of liability for
injury to one person in any single occurrence of not less than$350,000.00 and for any injury to two or more
persons in any single occurrence of not less than $1,000,000.00.This policy of insurance shall be endorsed
naming the City of Pueblo, its Enterprises, controlled Nonprofit Corporations, their officers, agents, and
employees as additional insured. This insurance shall include uninsured/underinsured motorist coverage
and shall protect Operator from any and all claims arising from the use both on and off the Basic Services
site of motor vehicles, including any automobiles,trucks,tractors,backhoes and similar equipment whether
owned, leased, hired or used by Operator. The Comprehensive Automobile Liability Insurance policies
shall contain a waiver of subrogation.
(a) Notices to City in Policies. Every insurance policy and certificate of insurance
specified in subsection (a) of this Section shall contain a provision and/or special endorsement
requiring that the Insurer notify the City in writing, in the manner provided in this Agreement,ten(10)
days prior to any formal action being taken in the event that any such policy or coverage is revoked,
terminated, rescinded, or lapsed.
(b) Releases and Claims Waiver. Operator forever releases and waives any and all claims,
known and unknown, presently existing or arising in the future, and any suit or action in law or equity
against the City, its Enterprises, controlled Nonprofit Corporations, their officers, agents, independent
contractors,and employees("Released Parties") in any court or tribunal,based on tort, statute, violation of
civil rights, or any other legal theory, for any physical injury, psychological injury, death, or property
damage or loss that Operator, its officers, agents, independent contractors, or employees may suffer,
related to or caused by the Released Parties, or any vehicle, object, thing, or activity in any building or
facility owned, leased, operated or controlled by the Released Parties.
(c) Operator Covenants Not to Sue.Operator shall not file, pursue or prosecute any suit,
action or proceeding, in law or in equity, in any court or tribunal, against the Released Parties, based
on tort,statute, violation of civil rights,or any other legal theory, for any physical injury, psychological
injury, death,or property damage or loss that Operator, its officers,agents, independent contractors, or
employees may suffer related to or caused by the Released Parties, or any vehicle, object, thing, or
activity in any building or facility owned, leased, operated or controlled by the Released Parties.
(d) Operator Indemnifies.Operator shall indemnify, defend and hold harmless the Released
Parties against any liability for any damages, attorney's fees, and restitution that may be imposed by any
court or tribunal in any suit,action or proceeding in law or equity filed by any person or entity based on
tort,statute,violation of civil rights,or any other legal theory,for any physical injury,psychological injury,
death, property damage or loss, breach of contract, or other loss that any such third person may suffer as a
result of any cause, including related to or caused by the Released Parties, or any vehicle, object, thing, or
activity in any building or facility owned, leased, operated or controlled by the Released Parties.
(e) Operator Must Obtain Releases from Third Parties. Prior to entering the park on
any event day, all Operator employees and agents, and event participants MUST sign a Release and
Waiver of Liability, Assumption of Risk and Indemnity Agreement ("Release Agreement"), the
language of which must be approved by the Director, in the presence of Operator personnel and all
executed Release Agreements shall be maintained and kept on file by Operator for at least three (3)
years from the execution date of the Release Agreements. Originals or copies of the Release
agreements shall be delivered to the City upon its request. Operator's obligation to maintain these
records and provide them to the City upon request shall survive termination or expiration of this
Agreement. Operator shall bear sole responsibility for full compliance with this Section. Entry into
the park by any Operator employee or agents, or event participants during an event prior to the
execution of a Release Agreement by such individual, shall constitute a material breach of this
Agreement by Operator.
13. IMPROVEMENTS.
(a) Operator Fuel Storage Facility. If Operator decides to utilize fuel storage at this
facility it shall utilize and maintain the system in compliance with all federal, state and municipal
ordinances and laws, specifically including all City fire ordinances and regulations. Any other fuel
vendor hired by Operator shall also meet with the City Fire Department prior to selling fuel to ensure
they are in compliance with all federal,state and municipal ordinances and laws. Operator shall obtain
Director's approval prior to installation of any fuel storage on the Leased Premises.
(b) Costs of Improvements; Approval Required. All costs associated with the
development, installation, construction, and maintenance of any improvements shall be the sole
responsibility of the Operator, unless City and Operator mutually agree to an offset or reduction in
rent as provided herein. Operator shall submit to City a written proposal for all proposed
improvements that includes the estimated value of the improvements and anticipated cost of
development, installation, construction, and maintenance. Operator must obtain the prior written
approval of the Director and City Manager/Mayor for any proposed improvements and a certificate
from the Pueblo Regional Building Department approving any proposed improvements. All
improvements must be approved in writing by the City prior to installation or construction. Any
proposed changes must meet all building permit regulations and be constructed, installed, maintained,
and operated in compliance with all local, state, and federal laws and regulations. Operator shall
maintain the improvements in good and safe condition, appearance, and state of repair regardless of
the cause or need for maintenance and repair. City and Operator may negotiate to offset or reduce the
rental rates provided in paragraph 5(a)(1) by the cost of site improvements installed or constructed
by Operator. All offsets or reductions in rent shall be mutually agreed upon by Operator, Director,
and City Manager and be reduced to a writing signed by both Parties prior to any work being
performed.To receive a reduction or offset, Operator must submit a copy of a final invoice and proof
of payment to Director in order to receive credit for any reduction in rent. If an improvement is not
performed or completed, or Operator's payment for the same is not completed, rejected,or dishonored
for any reason, rent shall be paid according to the provisions of Section 5.
(c) Improvements Become City Property Upon Termination of Agreement. All
improvements shall become the property of the City, at the option of the City, upon termination or
expiration of this Agreement.
14. MAINTENANCE OF ACCOUNTS AND RECORDS. Operator shall keep and maintain
accurate and complete accounts and records of all activities and transactions conducted by Operator
on, from, or with regards to the Leased Premises, including without limitation sales receipts, inventory
lists,equipment logs,third party Release Agreements, purchase orders, payroll, financial records, tax
returns and bank statements, or any subcontractor contracted by Operator to work, manage, or operate
all or a portion of the Leased Premises, in accordance with generally accepted accounting principles,
which accounts and records shall be available for inspection, copy and audit by City during normal
business hours. Operator shall retain all such accounts and records during the term of this agreement
and for a minimum period of three (3) years after termination of this Agreement.
15. INTELLECTUAL PROPERTY. This Agreement is solely for access to and use of the Leased
Premises. Operator shall not photograph, film, or broadcast any event or any part thereof without first
obtaining the prior written consent of the City. In addition, no footage or images obtained from City access
granted herein may be reproduced, sold, broadcast, commercially exploited, or distributed without a
separate written license agreement from the City authorizing such use.
16. NO REPRESENTATION OR WARRANTY OF CONDITION OR FITNESS.THE LEASED
PREMISES IS PROVIDED ON AN "AS IS" "WITH ALL ITS FAULTS" BASIS, AND CITY MAKES
NO REPRESENTATION OR WARRANTY AS TO THE CONDITION OR FITNESS OF THE LEASED
PREMISES FOR OPERATOR'S EVENTS OR FOR ANY PARTICULAR USE OR PURPOSE.
Accordingly,Operator is hereby advised that Operator shall be solely responsible for personally inspecting
the Leased Premises before execution of this Agreement and commencement of any event. Operator's
execution of this Agreement or commencement of any event shall constitute an express acknowledgement
by Operator that the Leased Premises is safe and adequate for Operator's permitted use. Operator shall have
exclusive control of the Leased Premises during the pendency of this Agreement, subject to the City's right
of access,and shall be responsible for all equipment and adequate safeguards for the protection of Operator,
its employees, agents, independent contractors, subcontractors, and representatives, and persons engaged
in any activity on the Leased Premises. Notwithstanding any provision in this Agreement to the contrary or
which may be construed to the contrary, City assumes no obligation or responsibility to keep or maintain
the Leased Premises or any track or facility thereon in good and safe condition, appearance, or state of
repair, regardless of cause of need for maintenance and repair.
17. MINORS.No individual under the age of eighteen(18)years shall be allowed in any restricted
area of the Leased Premises (which shall include the track surface, starting line area, garage areas,
staging lanes, run-off areas, trackside communications stations, and any other location as defined in
generally accepted policies of liability coverage for motorsports entities), without a (1) Release and
Waiver of Liability, Assumption of Risk and Indemnity Agreement ("Release Agreement"), and(2) a
Parental Consent to the Release and Waiver of Liability, Assumption of Risk and Indemnity
Agreement ("Parental Consent Agreement") executed by each minor and the minor's parent or legal
guardian. The language of the Release Agreement and Parental Consent Agreement must be approved
by the Director. These documents must be signed in the presence of Operator personnel and are
required before said minor's entrance into the restricted areas of the Leased Premises. All executed
documents shall be delivered maintained and kept on file by Operator for three (3) years from the
execution date of the Release Agreements and Parental Consent Agreements. Originals and/or copies
of the Release Agreements and Parental Consent Agreements shall be delivered to the City upon
request.Operator's obligation to maintain these records and provide them to the City upon request shall
survive termination or expiration of this Agreement. Operator shall bear sole responsibility for full
compliance with this Section. Entry by any individual to a restricted area prior to the execution of the
Agreements listed above in this Section by the proper party shall constitute a material breach of this
Agreement by Operator.
18. TERMINATION AND DEFAULT.
(a) Default and Correction. 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 such default within twenty(20)days after receipt of said notice, or if the default cannot be
corrected within said twenty (20) day period and the defaulting party fails to commence action to
correct the default within said twenty(20)day period and thereafter diligently pursue corrective action,
the non-defaulting party may upon an additional five (5) days' notice given to the defaulting party
terminate this Agreement.
(b) Termination for Breach.Notwithstanding the foregoing, if Operator commits a breach
of any term of this contract, City may terminate this Agreement upon fourteen (14) days' prior written
notice to Operator specifying the breach and the date of termination. Except for accrued rights and
liabilities and those covenants which survive termination hereunder,upon such termination each party shall
be released from all future duties and obligations hereunder.
(c) Termination Without Cause. Notwithstanding the foregoing, either party may
terminate this agreement without cause by providing sixty (60) days written notice to the other party.
No premature termination of this Agreement shall affect any right of either party accruing prior to
such termination,whether such right is conferred by the terms of this Agreement or arises under general
principles of law.
19. NOTICE.Any notice required or permitted to be given hereunder shall be in writing and delivered
personally or by certified mail, postage prepaid, as follows:
(a) If to City: Director of Parks and Recreation, City of Pueblo, 800 Goodnight Ave., Pueblo,
Colorado 81005;and City Manager,City of Pueblo,#1 City Hall Place,2nd Floor, Pueblo,Colorado, 81003.
(b) If to Operator: Southern Colorado Motocross Promotions, LLC, 9 Baybridge Ct, Pueblo,
Colorado 81001.
20. STATE-IMPOSED MANDATES PROHIBITING ILLEGAL ALIENS FROM
PERFORMING WORK.
(a) At or prior to the time for execution of this Agreement, Operator shall submit to the
Purchasing Agent of City its certification that it does not knowingly employ or contract with an illegal alien
who will perform work under this Agreement and that Operator will participate in either the "E-Verify
Program" created in Public Law 208, 104th Congress, as amended and expanded in Public Law 156, 108th
Congress, as amended, that is administered by the United States Department of Homeland Security or the
"Department Program" established pursuant to §8-17.5-102(5)(c) C.R.S. that is administered by the
Colorado Department of Labor and Employment in order to confirm the employment eligibility of all
employees who are newly hired for employment to perform work under this Agreement.
(b) Operator shall not:
(1) Knowingly employ or contract with an illegal alien to perform work under this
Agreement;
(2) Enter into an Agreement with a subcontractor that fails to certify to Operator
that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Agreement.
(c) The following state-imposed requirements apply to this Agreement:
(1) Operator shall confirm the employment eligibility of all employees who are
newly hired for employment to perform work under this Agreement through participation in either the
E-Verify Program or Department Program.
(2) Operator is prohibited from using either the E-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this Agreement
is being performed.
(3) If Operator obtains actual knowledge that a sub-contractor performing work
under this Agreement knowingly employs or contracts with an illegal alien, Operator shall:
A. Notify the subcontractor and the City's Purchasing Agent within three
(3) days that Operator has actual knowledge that the subcontractor is employing or contracting with
an illegal alien; and
B. Terminate the subcontract with the subcontractor if within three (3)
days of receiving the notice required pursuant to subparagraph (c)(3)A above the subcontractor does
not stop employing or contracting with the illegal alien; except that Operator shall not terminate the
Agreement with the subcontractor if,during such three(3)days,the subcontractor provides information
to establish that the subcontractor has not knowingly employed or contracted with an illegal alien.
(4) Operator is required to comply with any reasonable request by the Colorado
Department of Labor and Employment("CDLE") made in the course of an investigation that CDLE
is undertaking pursuant to its authority under §8-17.5-102(5),C.R.S.
(d) Violation of this Section by Operator shall constitute a breach of Agreement and grounds
for termination. In the event of such termination,Operator shall be liable for City's actual and consequential
damages.
(e) As used in this Section, the term "subcontractor" shall mean any subcontractor of
Operator rendering services within the scope of this Agreement.
21. MISCELLANEOUS.
(a) Additional Documents.The parties agree to execute any additional documents or take
any additional action that may be necessary to carry out this Agreement.
(b) Force majeure. Any delays in or failure of performance by any party of its obligations
under this Agreement shall be excused if such delays or failure are a result of acts of God, fires not caused
by a breach of this Agreement, floods, storms, lightning strikes, labor strikes, labor disputes, accidents,
regulations or orders of civil or military authorities, shortages of labor or materials,or other causes, similar
or dissimilar, which are beyond the control of such party.
(c) Binding Effect. This Agreement shall inure to the benefit of, and be binding upon, the
parties, their respective legal representatives, successors, and assigns; provided, however,that nothing
in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise
expressly authorized herein.
(d) Section Captions. The captions of the paragraphs are set forth only for the
convenience and reference of the parties and are not intended in any way to define, limit or describe
the scope or intent of this Agreement.
(e) Integrations, Severability, Amendment, and Counterparts. This Agreement
represents the entire agreement between the parties and supersedes all prior discussions and written
agreements or understandings. This Agreement may be amended only by an instrument in writing
signed by the parties. If any provision of this Agreement is held invalid or unenforceable, no other
provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall
continue in full force and effect. This Agreement may be executed in multiple counterparts, each of
which shall be deemed an original, and all of which together constitute one and the same agreement.
(f) No Third-Party Beneficiaries; No Waiver of Immunities. Nothing in this
Agreement is intended, nor should it be construed, to create any rights, claims, or benefits or assume
any liability for or on behalf of any third-party, or to waive any immunities or limitations conferred
under federal or state law, including but not limited to the Colorado Governmental Immunity Act, §
24-10-101 et seq.,C.R.S.
(g) Waiver of Breach.A waiver by any party to this Agreement of the breach of any term
or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach
by either party. Any waiver must be provided for in a signed writing.
(h) Authority of Signers. Each person signing this Agreement on behalf of a party
represents and warrants that he or she has the requisite power and authority to enter into, execute,
and deliver this Agreement on behalf of such party and that this Agreement is a valid and legally
binding obligation of such party enforceable against it in accordance with its terms.
(i) Attorney's Fees and Costs of Collections. In the event that it becomes necessary
for the City to bring any action or proceeding to collect unpaid utilities, rent, damages,janitorial
fees, costs, or other sums due under this Agreement, to enforce any provision of this Agreement,
to recover damages for Operator's breach of this Agreement, or to seek specific performance of
this Agreement, the City shall be entitled to collect its reasonable attorney fees, costs of suit, and
costs of collection as part of the judgment in such action or proceeding.
(j) No Multi-Year Fiscal Obligation on City. This Agreement is expressly made
subject to the limitations of the Colorado Constitution. Nothing herein shall constitute, nor
deemed to constitute, the creation of a debt or multi-year fiscal obligation or an obligation of
future appropriations by the City Council of Pueblo, contrary to Article X, § 20 Colorado
Constitution or any other constitutional, statutory or charter debt limitation. Notwithstanding any
other provision of this Agreement, with respect to any financial obligation of the City which may
arise under this Agreement in any fiscal year, in the event the budget or other means of
appropriations for any such year fails to provide funds in sufficient amounts to discharge such
obligation, such failure shall not constitute a default or breach of this Agreement, including any
sub-agreement, attachment, schedule, or exhibit thereto, by the City.
(k) PERA Liability. Operator shall reimburse the City for the full amount of any
employer contribution required to be paid by the City of Pueblo to the Public Employees'
Retirement Association ("PERA") for salary or other compensation paid to a PERA retiree
performing contracted services for the City under this Agreement. The Operator shall fill out the
questionnaire attached as Exhibit D and submit the completed form to City as part of the signed
Agreement.
(I) Certain Provisions Survive Expiration and Termination. The provisions of this
Agreement pertaining to insurance, releases, indemnification, payments to the City, and liability
shall survive the expiration of the term of this Agreement and termination of this Agreement and
continue in effect for a period of five (5) years following the termination of this Agreement and
for such further time as it may take to completely and finally negotiate, settle, or litigate any claim
or suit concerning the same.
(m) Governing Law and Venue. This Agreement shall be governed by the laws of the
State of Colorado. Venue for any action arising under this Agreement or for the enforcement of
this Agreement shall be in a state court with jurisdiction located in Pueblo County,Colorado.
(n) Assignment and Subcontracting. This Agreement shall not be reassigned by
Operator without the prior written consent of the City, which consent may be granted, denied, or
conditioned in City's sole and absolute discretion. Responsibilities of Operator under this
Agreement may not be subcontracted by Operator without the prior written consent of the City,
which consent may be granted, denied, or conditioned in City's sole and absolute discretion.
Operator must have a written agreement with any subcontractor performing work. Operator shall
indemnify, defend and hold harmless the Released Parties against any liability for any damages, attorney's
fees,and restitution that may be imposed by any court or tribunal in any suit, action or proceeding in law
or equity filed by any subcontractor based on tort, statute, violation of civil rights, or any other legal
theory, for any physical injury, psychological injury, death, property damage or loss, breach of contract, or
other loss that any such third person may suffer as a result of any cause, including related to or caused by
the Released Parties, or any vehicle, object, thing, or activity in any building or facility owned, leased,
operated or controlled by the Released Parties.
(o) Equal Opportunity. The Operator shall not discriminate against any employee or
applicant for employment because of race, color, religion, sex, sexual orientation, ancestry, disability, age
or national origin. The Operator will take affirmative action in all areas of employment to ensure that
applicants for employment are employed, and that employees are treated during employment, without
regard to race, color, religion, sex, sexual orientation, ancestry, disability, age or national origin. Areas of
employment shall mean and include, but shall not be limited to, the following: initial employment,
upgrading, demotion, transfer, recruitment, recruitment advertising, layoffs, terminations, rates of pay,
terms of compensation and selection for training, including apprenticeship. The Operator will post in
conspicuous places, available to employees and applicants for employment, notices to be provided by the
City setting forth the provisions of this nondiscrimination and equal employment opportunity paragraph.
(1) The Operator will, in all solicitations or advertisements for employees placed by or on
behalf of the Operator, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, sexual orientation, ancestry, disability, age or national origin.
(2) In the event of Operator's noncompliance with the nondiscrimination and equal
employment requirements, the contract may be immediately cancelled, terminated or suspended in whole
or in part and the Operator may be declared ineligible for further contracts with the City.
(3) The Operator will include these Equal Opportunity provisions in every subcontract in
excess of ten thousand dollars ($10,000.00) entered into by the Operator to provide and furnish work,
services, supplies or materials under a contract.
(4) Federal requirements govern. Whenever the provisions and requirements of this section
conflict in any way or to any degree with the nondiscrimination and equal employment opportunity
requirements of the United States, such requirements of the United States shall govern and control.
IN WITNESS WHEREOF,the parties hereto have executed and delivered on this Effective Date.
SOUTHERN COLORADO CITY OF PUEBLO,
MOTOCROSS PROMOTIONS, LLC A MUNICIPAL CORPORATION
/ /in
By: By:
Sout -rn Co orado Motocross Promotions, LLC President of ty Council
Jeffery S. Greenwood, President and CEO Dennis E. Flores
ATTEST:
A-1,41/1Af
Acting City Clerk
APPROVED AS TO FORM:
City Attorney
EXHIBIT A
AREA MAP WITH MARKED PERIMETER DESIGNATING THE LEASED PREMISES,
HONOR FARM MAP, MOTOCROSS AREA MAP
....., ,,,. tor .V,tilit,+7*-57,
+.‘
-..,,m4,,,-,,,1,7;,,,,,,4•VoRtf:,49104.,,,..-....,;•,, .''teisfil ,fr.." 1,. '' . '" ,.. ,..
( ,
CV
ri., . . '.W.11!**'..4*44441 ''1'1....,,,,,,,,7144,' :=,.•4;:17.•4-'' ' .' *.... r '.000'.'"
. .,.,•„.4,4,, , •.04437, 'tie , , 1 .....$ `A*714,,,, .,".41,..,-',.. •,,,•, .,,,e,- --f- ''.., - .1• ., - ••--414 -- - , I co"
' ''''' .'*''''''' , • -*Hr.-47-,., '.--447:,/ `C ;! N'tere'f;k1 ,.' 1,,,,,,r,i5.,.:4-!''''''' t44' .' ----'-A..--'.. :' 're-., ' '' • '.' - ,r - :. -
. tvi, .,.4,41#"-. r?„...,0,s'1.,,,- ....-,,---e• -44'. -,..----f' ''' ''''' *•, .:.• -'' .., "*-- .,.;;•',/.;-' -
Rmir- '41;
,. ... ,
(1)
*4\ s 2•,$''"'' 'Zij * i P•4A.,";1' ''' '. ,`' A .-,`'4'.'W`i•'***..i'-' - '.. •
,,..-- ". , I
. (44,N\Ift,.7':.-.er-- '''.. , - i ,-.. ' .,4 --,,,,-;11,4*,,,,15"-.• I,-" -
,4-- , , • i '' -______ __ r
...
C11
. lie ...1 di i .*3;41:AV"..,.."'. ;,„ae...* u1 ' - .,44 1 . 461.4. ` s ... -.-
;:..!"->'' •°' ''''' ;72- -,-.., 4.,i.„ -`,,;-/-• ,- ....2-..4-..:41.4,- ., . - ..............., ,,--..-----, •,----F go,..,„' :,!-(-t,...,. -- '--,24,,:z,--Z .
*---„4.•c-s-"I'r,-.61.- ".., ,,,'6,- 4," :*,e ,s---„_--..,i„ '..---;•,-.4114.6,- ' ()
2.- -...v.,,, , 01" 1,,„-.1164.- -"...: /146- • '_.•":„.- :-.;°;', ' 41 ' '*„i Is,, . .. 'ill ''''.' ,,s- f ij „,•724.;'4'T:11!".;.`1,:1:7,,,'141..,. ,i' '
. , , S
. * 1 L_...._ .-7:, •;..,,...r. ,, • , ,4!-' Isolo''. 1: lett-'
/ t
, --„,,,e-,,-:- •.f ..- ......-..-..k„ A ,-,,. - l• ', r - - , •....•", ' '',, -4 4,4 14--- -t .' * rt,---• . '•,c,..*
%.. *". ...•. ,44,, ..:;,* ..,,,,,,,' , f ''' , . . A --- '-':•,-. ,. ....' --" tt• ' *- -Q-#4,'•..1,,,AP•-,,---/ - . ,.•i '
:. -'. -',,..1'4''.,---' ' • =',' - '`''• --'..-...,....6"A,, i., 4,-- 7.,•# ,,„', '• ' ,,A., '-.,...--.. — : ...., -;,..-• # ..ir ,-", t• - ... 1.,,,-; ,,../.,,,.: , , •,-
>•••, - .t. „ ..-.-.,, "":,.s. -. . •, , ,' •• / - '..-..,. . 1:,- 5g,7 . --4 Fr - .,' ...- - 1 rti tt-e;‘-`,, :-"`1.7.7 . ..„.list 4 -. .,..-4,"/
, * ' --‘,• -,,, • , ';,.. ;.'4 '''' • :,:lit:ir.:V!,,,.. ' '•i . ,.' --- .4 A ';'''',-,", -;`,,--sr-ftt,-=-1,11.J. ,„,,--
. 's ''' 1.'4,--,4,-,if' i,‘,),• i',,,,,...,iteM4', ..•' ,• -..,, ....-,Li-i•-14_„..- . ...," ,-•ND
)
-' • - :"'sift, tuite. - .cti.' ) -.II/ , •,.-- - -':'2?-4'. * - :.: '. row2---- -'' -'
. . . . i ! Zrtalpfr, MA'' ti::,,4ii.,,,, 1.,;g4' - -.-, i, -..C.4. - . ---/._,-'.-:'-• ---- 4---
-.,.. , 5.v - -, ' '. — r — --'.' * :." .*-4r .. -.4rc.'.-'' ;''' ' '",!"' r,','" ''''t - •• ,- --- , . tr :*,:i,', .4•..."-iii',. ,,l,
-- , .. , 1 -..-,t f. I., "whip , :,,,,,- ,r, ii •,,. ; ,.--4.:7, ' -- *,1„....1 . .„, ..,*4%.'"‘ ;Stet *-'‘ •• ,,' .***' •..., Al , .
., , . it ., o . _., .,, ...,..
,..,.., ,., , , ..i ...„. . ,...... . v , ,,:.,. . .
r" ., "). .'..4f' '''''l ' .1.ti*: I it4ott! 't74.iii` -/F,..',:.V. '''i,. •t. - 2.1'7' 'Z': ,.,), . 41,414, , . - L .
1 , t ' '' 1.-2- _ _,---•- . ,"4! -'..6%. 4,
1 . .„, ......,__1
7
. . tl..„ .-.-,-, --.0-„,,------i..,: ..... I,
4, . 1 L, ; ••;".) .. tr• . .-#.9 • z.:,- ,t,..,....,,,.....:3 7 ----,,,, ..`-_-,... .
.. ,:... , ,,.„...„- -_,-,..,.. ...,:r.1 .-,- ,Cr/ Alf ,; •T , .,,Ais -..........r•-•.• 'N I
1. L-----7 ''t;s4s
Lt
, w,„,„ ,„....,...„.ovi 7.., . . .-,. .;...,......,. ,.--_____...... t*.,t,,, ,,. ,_,‘,-_, : . ,,,. 4...,:i, -`-r.f-t4,4,V , i'•, ',*,#,.../,' .`‘,44,,,:' , A 4.. *111,' i ,', 1
\ * ' ' '''' '* .)'-,: ' -*''' ' ''•'•••. '.''``--Z"---..:.- t.*" - ''÷--••**-': f 7-' $ -
..";.,..,,f,7,,/, ,,•., -, ,':,,,,,s. ••''' ;'',,, a....,,,-....- 4,;„i,_,,,....,„
- .- ' ' ......it'' -4,..i. ...,,, ' '1,:- . - " .•-•-• --' -
--.1 ( _:_-----=---,;:-., • ..-.7.-.,-..-:". ..,,,,
' - , .....---
T .
CZ 2 ------'----- --:- .,- --. --: - ---
'
/ - - &-, " '- , *.re
,
10••••••••••••••%!••••••••% ... ,..., • -,..---.• T-444.-‘„, --,./.-4.•
••
7 , .. ,,,
• ' . , "? e.. .,---,' fr...F.,..9 i ,..-it"-; . • •
1 i .• 44,/-4.
e0
% •
.---'y,:.Ii-74.f
4. -/•4.4,, ,,4-,.,-,.--,.,,--.,'2_4 g-.i..v.„---...e-,-..'.4-,0...-14710,00; .---••.•
..."'. ,--,.,-- ---,-_,'_• .*-,-..,:,..9.-:7i....c.f
..•'-*.-„i----- .''-‘o,6rr...„...4-6.,..,.,,',-'„-;,
,.t
'•,
'—' . — • -,.;,,r1F Z,j' inf,- ...''''.%.,-,,gr ,.;- •
0 .44;iisilsillrli. , t:1:11.1 _ _ -
* ,--.4 .- • '' Ili,- ,I.V\-x
',.'
,,, o „..,,,,, .41,.. — •-:‘,,,t• t.'te:,-P - 4-,,, ,tb..itifi',1...
/ o *. -,-...0,..00,4-6--. i---, • . (1) , .,.”'P jr - . '..f . 1. ' ..01 r •1 ;
, ,,--v-,.. ,:,,,r..4.,,f. ','. - , ,. ,Iit.” -1/4, .. ,. if-I (,-,,•, - . if*, i-ft'., -.
.- --',,,,.,„ -,-'' :'-'s ,.e. ..,
w..,.. -t...,,of ,,,,,,r, k ,tW''.„..-
COt' ...._,. •. : -*, 't•° ° • ----.? ' .....--
. .,:- ,-'' 444 -=It'EL----.-4.-.0:4';‘-s w 0:5....-.4v,:,...!•---44i...,-t
,-9? • '
i* ,,L,, ?t,7,4LA,..N. ;#‘16„...* , to' .4,
. .,.. ,
e- _. r ._ 1 5 ..-s .4 ...- 0
, i...g.1,:4,44.: kV
'''.... ''..,..Y',., #1,,„;,,,Aiov-„,,,, ..2'. ,,,-, ‘r,--.41,,,At --....-- -v•-•1/4**- . - - fit,';'. ---."---,'
1 , /
1
•/
,
''''" ;-,f..4-,.,:v *V'•W.:. -
, - -,._,,. , - ,...4't- . t,.._- ...., -.,,,,
/ A -*0 ' 4 .i:,t '. .' .'4... c'
'1 '" Fjt
O'i91. * ' ,i1J c a)
' ' ' 10 1 iikifitr,41§- "541.4i.,tki..,-,4,f.“,--.944'''':-=-•-----ii,r1- 4 . , •
"--------.4..,-- ,--..-4, -;•„.4-i. .4.,"-tesr- r.-.-,-- --1,4- .--*-*,„ i t..,' •A „f-,',., , -... i‘,..x. Co) 4)gi...1* "'
, ,, Nie,".•• ,Artht"'; .` . -.. '.;- 6"'",.;.'. =,..:,'s;'' „Aii.it,---:=4 ..,.; :-eftti„4„,s0,-,,,,ro - iv .„-7,7. ',/."
ill
(..)
: , , ,-1141.-* f.,,.)14/'*.) --<'. r6t,,,l'''' ' - ' ;t-'-=.: ) ,.."''' f--,i,, ,,-..(4,4 :',14•S 7 „to tr, ,,,.•-f., 0
, 2,/:.f.E, ) I!.4.4. yi v gi ', --- ..1':.1% 4•,,,,,,,1,,,,1-, -.1' '-'•.4..'-':!'-1.-..t.,-* i',,.,...-... - ...i. 74,41r../ „,- -- 2[
4 lilt-4 L '-- .4, f .‘, ‘z '' -2'.-..„--- .., ---,%.-,, -Y... .,,44,- ' -'....t•-tx , -=-..,,.c 4= ," ' •,' "
E
': Aft', s.,-=,. .isti - "..r, / v' .'''. - 4' '1.44' , - ', S.''.:::, ':-5! .7- t+'I''' e:' ' ' ';''-....;-- • i= "--4., -...t-P- ,+-; C '-
'" , •, ',4,, ., .--j 1..--- ' ' , ,,,,rivr , et ‘ ,,,, t•Vi"...,',r,4*--1"....-.2**, "....„__,7-. .,7 ,* ,14.,,t,st '....•'* ,...„..,',.-' J
1 ' *'-* * '''`''''''V . -.:.,,4-...` 3* `'4104,-4 1 ;:t, '4# 'r.-''',‘'•7;'..-. +:::rt.": , r IA- ,,-,'. --
,,..:} , 4.,-,- , -, 1. v ,.=.
--.' -, .----------
ft' r - 1
I , -- , , .- _ ,,,..„- s --,.°- -
i
.
- -- - a) ••411
,., r• -,-.,..- ....0,.,---- --_,;.-:---v- ---ir, .:
1 i //.. 4* - '-' '.- • * 2 Li
,,,,, ..-, ,- ... - , ,,,, , .• .1„: our
, , .,i,„111.t. . . ..,-'....r.--4.,*'- 4.:-'w,..' -fs...*'`.•,4-.' -
, ' '1 ...' -,•'' +. . - •Ali*?
e.,.. 2.: _....
, _.,-__-_...--,---_-_,-,----..-7:7----
EXHIBIT B
REQUEST FOR PROPOSAL FOR PROJECT NO. 18-004
S
Fr)._
REQUEST FOR PROPOSAL
puEBLO COVER SHEET & SIGNATURE PAGE
Date: December 22,2017 Project Number: 18-004
Project Name: Operation,Management and Promotion of the Motocross Track at the Honor Farm Property
(Project No.and Name must be shown on outside of submittal package and on any email correspondence)
Submit Sealed City of Pueblo Purchasing Naomi Hedden, CPPO
Proposals to: Purchasing Department Contact: Director of Purchasing
230 S. Mechanic Street purchasing@pueblo.us
Pueblo,CO 81003 www.pueblo.us/purchasing
719-553-2350
PRE- There will be a Pre-Proposal Meeting at 2:00 PM on January 9, 2018,at the Parks and Recreation
PROPOSAL Administration office located in City Park at 800 Goodnight Avenue, Pueblo, CO(this is not a
MEETING: mandatory meeting).
RFP January 18,2018 at 2:00 PM(MT) Project Manager: Steven Meier
Submission Note: Late submittals will not be accepted. smeier@pueblo.us
Deadline: Purchasing Office hours are 7:00 AM to 4:00 PM.
Proposers are responsible to ensure timely receipt
within that time.
Number of Eight(8) hard copies: One unbound and untabbed copy, seven (7) bound and tabbed copies(do
Copies To be not email or fax copies)
submitted:
Purpose of Request for Proposal
The purpose of this solicitation is to solicit qualification and priced-based proposals from interested parties for the operation,
management,and promotion of the Motocross Track at the City of Pueblo's Honor Farm Park and Open Space Property located
at 3933 North Pueblo Blvd., Pueblo, Colorado, 81008, in accordance with all the terms and conditions addressed more
specifically in Section 3 -Scope of Service. The Proposer will be required to conduct and operate racing events at the existing
Motocross Track(see Exhibit B—Map). Such events may include,but not be limited to,motocross, ATV,bicycle,and radio
remote vehicles. Proposer shall furnish all personnel, supervision, management, insurance, labor, parts, tools, equipment,
materials, building improvements, track improvements, fencing, utilities, and/or transportation, necessary to perform these
services and racing events. A scored evaluation will be conducted for each submittal and award will be made to the Proposer
whose proposal is determined to be the most advantageous to the City of Pueblo considering the evaluation factors set forth in
Section 2.
Please be advised that electronic submissions (i.e. fax, emails, etc.) will not be accepted as a sealed proposal. Proposers are
urged to read the attached solicitation documents thoroughly before submitting a proposal.
The City of Pueblo (City) reserves the right to reject any and all proposals for any or all items covered in the Request for
Proposal,to waive informalities or defects in proposals or to accept any submittal as it shall deem to be in the best interest of
the City. The procurement of these services shall be contingent upon appropriation of the necessary funds,and only after final
approval and execution of an Agreement.
The City of Pueblo (City) provides all non-construction solicitations for interested parties to download free of charge via the
Rocky Mountain E-Purchasing System(RMEPS)and on the City's website,www.pueblo.us/purchasing. Consultants can also
choose to register with RMEPS to get notifications automatically emailed to them for a nominal annual fee. Additionally,
Request for Proposal 18-004 RFP Cover Sheet&Signature Page
interested parties may visit the Purchasing Office during normal working hours and request hardcopies of any current
solicitation at the same cost allowed for CORA requests. If the Proposer cannot verify that the RFP documents were
obtained from either of these two websites or our office,we cannot guarantee the validity of the document and their
proposal may be rejected.
Please confirm how your document was obtained:
Downloaded from RMEPS or City Purchasing Website ; Hardcopy or email from Purchasing Office
The undersigned,having carefully read and considered the Request for Proposal(RFP)for the above referenced project,does
hereby offer to provide such goods and services on behalf of the City in the manner described and subject to the terms and
conditions set forth in the attached RFP.All Services will be provided at the rates set forth in submitted proposal or as negotiated
by all involved parties.
Proposer acknowledges that the company is qualified to provide these types of Services. At any time during the selection and
award process,the City may request information substantiating the indicated requirements.Failure to provide this information
may result in a Consultant's proposal being declared non-responsive.
Proposer acknowledges and accepts that all components of and responses to this RFP will be included and become a part of the
final agreement by reference.
The undersigned further states that this Proposal is made in good faith and that the prices offered were independently developed
and are not founded on, or in consequence of, any collusion, agreement or understanding between themselves or any other
interested party.
By signing below, Proposer certifies that he/she is an officer or duly authorized agent of the Proposer's firm with full power
and authority to submit binding offers for the goods or services as specified.
MANDATORY— RETURN BOTH PAGES WITH YOUR RESPONSE. UNSIGNED PROPOSALS WILL BE
CONSIDERED NON-RESPONSIVE AND REJECTED. RESPONDER MUST ATTACH A CERTIFICATE OF
GOOD STANDING FROM THE STATE WHEREIN RESPONDER WAS ORGANIZED. (FOR COLORADO
THE CERTIFICATE CAN BE DOWNLOADED AT: https://www.sos.state.co.us/bizBusinessEntity Criteria.do.)
Authorized Signature(required) Company Name
Printed Name Address
Title City, State,Zip
Office Phone Number Cell Phone Number
Company Email Address Fax Number
For clarification of this Proposal contact:
(If different from above)
Contact Name Email Address
Phone Number
Request for Proposal 18-004 RFP Cover Sheet&Signature Page
TABLE OF CONTENTS
SECTION 1. ADMINISTRATIVE REQUIREMENTS & INFORMATION 1
1.1 Proposal Information, Requests for Clarification, and Addenda
1.2 Allegation of Misunderstanding
1.3 Omissions 1
1.4 Written Agreement 1
1.5 Colorado PERA
1.6 State-Imposed Mandates Prohibiting Illegal Aliens from Performing Work I
1.7 Rejection of Proposal 2
1.8 Proposal Ownership/Confidentiality 2
1.9 Debarment 2
1.10 Equal Opportunity 2
1.11 Statement of Noncomm fitment 2
1.12 Preparation of Proposals 3
1.13 Insurance Requirements 4
SECTION 2. EVALUATION, SELECTION OF SUCCESSFUL PROPOSAL AND
CONTRACT AWARD 5
SECTION 3. OBJECTIVE, SCOPE OF SERVICE, AND MANDATORY REQUIREMENTS 6
SECTION 4. PROPOSAL FORMAT AND REQUIRED RESPONSES 7
EXHIBITS
A - PERA Questionnaire 10
B—Map 11
Request for Proposal 18-004 Table of Content
SECTION 1. ADMINISTRATIVE REQUIREMENTS& INFORMATION
1.1 Proposal Information, Requests for Clarification,and Addenda
All proposal solicitation documents are posted on the City's Purchasing Department website and on Rocky
Mountain E-Purchasing System. Any changes or revisions to our published solicitation documents will be
through written addendum posted on both of these websites. It is entirely the Proposer's responsibility to check
the City Purchasing website(www.pueblo.us/purchasing) for any Addenda that may be available.
It is also the Proposer's responsibility to make email, written or fax inquiries concerning this solicitation to
obtain clarification of requirements; however, inquiries made by electronic mail are preferred. All inquiries
must be made to the Purchasing Contact(with a"cc"to the Project Manager) listed on the first page of the RFP
at least four(4)business days prior to the date of submittal openings and must indicate the Project Number on
the subject line.
1.2 Allegation of Misunderstanding
Proposers shall inform themselves of the conditions of the project site and the requirements of the project's
scope of work before submitting their proposal. No allowances shall be made by reason of any matter or thing
concerning which they might not have been fully informed prior to the bidding. No Proposer will be heard after
the opening of proposals to assert that there was any misunderstanding as to the nature of the operation expected
in this solicitation. If a pre-bid meeting is held, Proposers should make every effort to attend. If the pre-bid
meeting is mandatory and the Proposer cannot attend,it is imperative that someone else attend as a representative
of the company, otherwise their proposal will not be accepted at the time of solicitation opening.
1.3 Omissions
Should the City omit anything from the RFP which is necessary for a clear understanding of the work,or should
it appear that various instructions are in conflict,the Proposer submitting the Proposal shall secure clarification
from the Project Manager or Purchasing Contact at least four(4)business days prior to the time of the opening
date given above.
1.4 Written Agreement
The selected firm shall be required to enter into an agreement with the City after the successful selection and
award. Such agreement will be in a form either written or approved by the City's Law Department. The firm
will be required to comply with all applicable Federal and State Standards,orders and regulations. Signature on
the RFP Response Cover Sheet&Signature Page shall serve as an acknowledgement that the proposer is willing
to enter into the referenced agreement with the City of Pueblo if their Proposal is accepted.
1.5 Colorado PERA Questionnaire
The Proposer shall fill out the questionnaire attached as Exhibit A and submit the completed form to the City as
part of the proposal whether PERA applies to them or not. In accordance with this PERA form, and if this
applies to the Proposer,the Proposer shall reimburse the City for the full amount of any employee contribution
required to be paid by the City of Pueblo to the Public Employees' Retirement Association("PERA")for salary
or other compensation paid to a PERA retiree performing contracted services for the City under this Agreement.
1.6 State-Imposed Mandates Prohibiting Illegal Aliens From Performing Work
By signing the Request for Proposal Cover Sheet and Signature Page,the Proposer acknowledges that they have
read the following information and agrees that they are in compliance with these provisions.
1.6.1 At or prior to the time for execution of this Contract, Proposer shall submit to the Purchasing Agent
of the City its certification that it does not knowingly employ or contract with an illegal alien who will
perform work under this Contract and that the Proposer will participate in either the "E-Verify Program"
created in Public Law 208, 104th Congress,as amended and expanded in Public law 156, 108th Congress,
Request for Proposal 18-004 Page 1
as amended,that is administered by the United States Department of Homeland Security or the"Department
"Program" established pursuant to §8-17.5-102(5)(c), C.R.S. that is administered by the Colorado
Department of Labor and Employment in order to confirm the employment eligibility of all employees who
are newly hired for employment to perform work under this Contract.
1.6.2 Proposer shall not:
1.6.2.1 Knowingly employ or contract with an illegal alien to perform work under this Contract;
1.6.2.2 Enter into a contract with a subcontractor that fails to certify to Proposer that the
subcontractor shall not knowingly employ or contract with an illegal alien to perform work
under this Contract.
1.6.3 The following state-imposed requirements apply to this Contract:
1.6.3.1 The Proposer shall have confirmed the employment eligibility of all employees who are
newly hired for employment to perform work under this Contract through participation in either
the E-Verify Program or Department Program.
1.6.3.2 The Proposer is prohibited from using either the E-Verify Program or Department
Program procedures to undertake pre-employment screening of job applicants while this
contract is being performed.
1.6.3.3 If the Proposer obtains actual knowledge that a subcontractor performing work under
this Contract knowingly employs or contracts with an illegal alien to perform work under this
Contract,the Proposer shall be required to:
a) Notify the subcontractor and the Purchasing Agent of the City within three(3)
days that the Proposer has actual knowledge that the subcontractor is employing or
contracting with an illegal alien; and
b) Terminate the subcontract with the subcontractor if, within three(3) days of
receiving the notice required pursuant to subparagraph 1.8.3.3 (a)above, the
subcontractor does not stop employing or contracting with the illegal alien; except that
the Proposer shall not terminate the contract with the subcontractor if, during such
three(3)days, the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
c) The Proposer is required to comply with any reasonable request by the Colorado
Department of Labor and Employment(hereinafter referred to as"CDLE") made in
the course of an investigation that CDLE is undertaking pursuant to its authority under
§8-17.5-102(5),C.R.S.
1.6.3.4 Violation of this Section by the Proposer shall constitute a breach of contract and
grounds for termination. In the event of such termination, the Proposer shall be liable for City's
actual and consequential damages.
1.6.3.5 Nothing in this Section shall be construed as requiring the Proposer to violate any terms
of participation in the E-Verify Program.
1.7 Rejection of Proposal
No Proposal shall be accepted from,or contract awarded to,any person,company or corporation that is in arrears
to the City, upon debt or contract or that is a defaulter, as surety or otherwise, upon any obligation to the City,
or that may be deemed irresponsible or unreliable by the City. Proposers may be required to submit satisfactory
Request for Proposal 18-004 Page 2
evidence that they have the necessary financial resources and experience to perform and complete the work
outlined in this RFP. The City reserves the right to request any additional information as needed to make a
sound evaluation decision.
1.8 Proposal Ownership/Confidentiality
All Proposals, including inquiries, correspondence, attachments, supplementary materials, addenda, etc. shall
become the property of the City and will not be returned to the Proposer. The Proposer must state specifically
what elements of the proposal are to be considered confidential or proprietary and must state the statutory basis
for the request under the Public (open) Records Act. (Section 24-72-201 et seq., C.R.S.). Confidential or
Proprietary information must be readily identified, marked and separated from the rest of the proposal. Co-
mingling of confidential or proprietary and other information is not acceptable.Neither a proposal,in its entirety,
nor proposal price information will be considered confidential and proprietary. Any information that will be
included in any resulting contract cannot be considered confidential. Ref. Section 24-72-201 et. seq.,C.R.S.,as
amended, Public(open) Records Act.
1.9 Debarment
By submitting this Proposal, the Proposer certifies that neither the company nor its principals is presently
debarred,suspended, in the process of debarment,declared ineligible,or voluntarily excluded from participation
in this transaction by any federal, state or local government agency.
1.10 Equal Opportunity
In accordance with §1.8 of the Pueblo Municipal Code(entire Code included by reference), all contractors
shall meet and comply with the following provisions which shall be contained in all municipal contracts:
(1) It is the policy of the City to provide equal opportunity in employment without regard to race, color,
religion, sex, sexual orientation,ancestry, disability, age or national origin. It is hereby deemed and
declared to be for the public welfare and in the best interests of the City to require bidders and
contractors furnishing and providing work, services,supplies and materials to the City under
municipal contracts not to discriminate in the hiring and promoting of employees in order to further
equal employment opportunities for members of minority groups and women. The contractor will, in
all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all
qualified applicants will receive consideration for employment without regard to race, color, religion,
sex, sexual orientation, ancestry, disability, age or national origin. (§1.8.3 of the PMC; Ord.No. 4479,
5-22-78; Ord. No. 8453 §2, 2-27-12)
(2) Federal requirements govern. Whenever the provisions and requirements of this Section(or in any
of the bidding specifications)conflict in any way or to any degree with the nondiscrimination and
equal employment opportunity requirements of the United States and any such contract under
consideration is funded in whole or in part by the United States or is otherwise subject to requirements
having the force of law of the United States, such requirements of the United States shall govern and
control.(Ord.No.4479, 5-22-78)
1.11 Statement of Noncommitment
All costs related to the preparation of the proposals and any related activities are the sole responsibility of the
Proposer. The City assumes no liability for any costs incurred by Proposers throughout the entire selection
process or should the project be cancelled. Issuance of this RFP does not commit the City of Pueblo to award a
contract. The City of Pueblo reserves the right to reject any or all proposals and to readvertise should the need
arise. All proposals will become property of the City.
1.12 Preparation of Proposals
The proposal MUST be signed by the Proposer as an officer of the company legally authorized to bind the
company contractually. Signature must appear on the RFP Cover Sheet and Signature Page of this solicitation,
Request for Proposal 18-004 Page 3
signed in ink,preferably blue.Signature on this referenced form shall serve as acknowledgment that the Proposer
is willing to enter into an agreement with the City of Pueblo and be governed by the Terms and Conditions set
forth within this solicitation if their Proposal is accepted.Proposer acknowledges and accepts that all components
of and responses to this RFP will be included and become a part of the final agreement.
Failure to read the RFP and these instructions will be at the Proposer's own risk.The person signing the Proposals
must initial all corrections in ink. Corrections and/or modifications received after the specified solicitation
closing time will not be accepted.
When approximate quantities or dollar amounts are stated,the City reserves the right to increase or decrease the
quantity and/or amount as best fits its needs. No service shall be performed or become due unless a Written
Agreement or Purchase Order shall first have been issued by the City's Purchasing Department.
1.13 Insurance and Indemnity.
1.13.1 Proposer agrees that it shall procure and will maintain during the term of this Agreement, such
insurance as will protect it from claims under workers'compensation acts,claims for damages because
of personal injury including bodily injury, sickness or disease or death of any of its employees or of any
person other than its employees, and from claims or damages because of injury to or destruction of
property including loss of use resulting therefrom; and such insurance will provide for coverage in such
amounts as set forth below.
1.13.2 The minimum insurance coverage which Proposer shall obtain and keep in force is as follows:
1.13.2.1 Workers'Compensation Insurance complying with statutory requirements in Colorado
and in any other state or states where the work is performed. The Workers'Compensation Insurance
policy shall contain an endorsement waiving subrogation against the Client.
1.13.2.2 Commercial General Liability Insurance issued to and covering the liability of Proposer
with respect to all work performed by Proposer and its subcontractors and subcontractors under this
Agreement,to be written on a Commercial General Liability policy form CG 00 01, with coverage
limits of not less than One Million and No/100 Dollars($1,000,000)per person and occurrence for
personal injury, including but not limited to death and bodily injury, and One Million and No/100
Dollars ($1,000,000) per occurrence for property damage. This CGL policy shall be endorsed
naming the Client, its officers, agents and employees as additional insureds. This CGL policy shall
also provide coverage for contractual liability assumed by Proposer under the provisions of this
Agreement.
1.13.2.3 Professional Liability Insurance with coverage of not less than $1,000,000, and with a
deductible of not more than$25,000.
1.13.2.4 Comprehensive Automobile Liability Insurance effective during the period of the
Agreement, and for such additional time as work on the Project is being performed, written with
limits of liability for injury to one person in any single occurrence of not less than$350,000 and for
any injury to two or more persons in any single occurrence of not less than $1,000,000. This
insurance shall include uninsured/underinsured motorist coverage and shall protect the Proposer
from any and all claims arising from the use both on and off the Project site of motor vehicles,
including any automobiles,trucks,tractors,backhoes and similar equipment whether owned,leased,
hired or used by Proposer.
1.13.3 Proposer agrees to hold harmless,defend and indemnify Client from and against any liability to third
parties,arising out of negligent acts or omissions of Proposer, its employees,subcontractors and Consultants.
Request for Proposal 18-004 Page 4
SECTION 2. EVALUATION, SELECTION OF SUCCESSFUL PROPOSAL AND CONTRACT
AWARD
The City reserves the right to make an award on receipt of initial proposals. Proposers are encouraged to submit
their most favorable proposal at the time established for receipt of proposals.
Proposals will be opened at the City's Purchasing Office then presented to the appointed selection committee
for evaluation. Selection will be determined by the apparent capability of Proposer to meet all the requirements
that best meet the needs of the City.The decision of the City's selection committee shall be final and conclusive.
Award will be by means of a written Notice of Award to the selected Proposer.
The selection of the successful Proposer will be made by a committee comprised of: City staff and members of
the I lonor Farm Advisory Committee will serve as the selection committee to evaluate and select those Proposers
who are qualified to operate the Motocross Track area. The Proposer will be required to enter into an agreement
with the City to establish and operate the Motocross Track facility located within Pueblo city limits and on
property owned by the City of Pueblo. The City shall be the sole judge in determining how the evaluation
process shall be conducted and what Proposals shall be considered for award as deemed to be in the best interest
of the City.
The City may conduct such investigations, as the City considers necessary to assist in the evaluation of any
proposal to establish the responsibility, qualifications and financial ability of any potential Proposers to perform
the services specified under this RFP within the prescribed time and area.
The evaluation criteria noted below will be used to evaluate qualified proposals received by the City for the
operation of the Motocross Track area. Based on the evaluation process, a rank ordered list of responsive
Proposers will be established.The Proposers shall be rank ordered with the first ranked qualified Proposer being
considered the most responsive and the second ranked qualified Proposer being considered the second most
responsive.This process shall be continued until all qualified Proposers have been rank ordered.
Evaluation Criteria: The Selection Committee shall evaluate proposals based upon an overall best value. After
reviewing the submitted proposals,the Selection Committee will evaluate and select the Proposer to provide the
required services based on the completed Proposal responses, contingent upon contract award by City Council.
The Selection Committee will determine how the evaluation process shall be conducted and what RFP is deemed
to be in the best interest of the City. The final decision will be made by the City of Pueblo.
The selection process shall be based on a comparative analysis of the following:
Criteria Percentage of Score
• Professional qualifications and experience. 30%
• Annual rate of payment or other proposed compensation to City, including 40%
site improvements
• Scope of Proposal,Overall Presentation, and Business Plan 30%
Interviews-Submittals will be reviewed and the committee will select a preliminary list of submitting companies
whose submissions appear to satisfy the requirements of this request. Preliminary listed firms will be notified
of their selection and may be invited to personally interview, which will be scheduled as soon as possible after
sufficient review of each submittal. Invited companies' key staff, including the proposed project manager must
be in attendance at the interview.
Waiver and Release - By submitting a Statement of Qualifications (SQ), the Proposer authorizes the City to
obtain information concerning Proposer's performance on other similar operations it has engaged in during the
prior ten (10)years, including those identified in the submission and those not so identified, of which the City
may become aware. By submitting its SQ,the Proposer and sub-contractors also waives and releases all claims
Request for Proposal 18-004 Page 5
against owners, and their agents and representatives, relating to or arising from the furnishing of such
information to the City concerning the Proposer's performance on prior Motocross Track facilities. In order to
effectuate the intent of this clause, each Proposer may be required by City to execute information release
authorization forms,which specifically release all information providers from all claims that arise from or relate
to the information provided.
The Proposer rankings assigned by the Selection Committee will be subject to the approval of the City Manager.
Upon approval, negotiations will commence with the highest ranked Proposer. The contract will be awarded
upon reaching an agreement on a final work plan and price. If an appropriate agreement cannot be reached with
the highest ranked Proposer,the second ranked Proposer will be approached,and so on.
SECTION 3. OBJECTIVE,SCOPE OF SERVICE,AND MANDATORY REQUIREMENTS
3.1 Objective
The City of Pueblo, Colorado ("City") is soliciting qualification and priced-based proposals from interested
parties for the operation, management, and promotion of the Motocross Track area located on the City's Honor
Farm Park and Open Space Property located at 3933 North Pueblo Blvd., Pueblo,Colorado 81008 in accordance
with all the terms and conditions referenced in the Request for Proposal documents. The Proposer has the option
of operating racing events of their choice within the boundaries listed on"Exhibit B—Existing Motocross Map".
Such events may include, but not be limited to, stock car, motorcycle, and motocross, , etc.
The City is seeking Proposals for operators to develop, operate, maintain, and promote safe Motocross Track
events for a minimum of three (3) years and up to five (5) years with a City option to extend for two (2) year
periods at the City's discretion. Upon termination of the Agreement, any improvements of a permanent nature
will become property of the City.
3.2 Scope of Service
The City of Pueblo is seeking Proposals from qualified Proposers to perform the following Scope of Services.
This Scope of Services includes, but is not specifically limited to, the components as outlined below:
a. Provide a business plan on how you plan to operate and manage the Motocross Track facility for
a period of three to five years with a City option to extend for two additional two-year periods.
b. Provide a clean and safe Motocross Track area.
c. Provide a site plan that shows how the property will be used such as; location of parking area(s),
security fencing, riding areas, and how the site will be modified to enhance racing opportunities,
restrooms facilities within the designated area, and any other additional proposed site
improvements.
d. Identify how the Motocross Track operation can be developed, operated and maintained with
minimal disturbance to the existing vegetation in the area.
3.3 History
On June 26, 1974,the 4,100-acre area known as the Honor Farm property was leased to the City of Pueblo for
20 years. The lease was renewed in 1994 and continued until June 2001. During the term of the lease the
approximately 780 acres of the property was used for a motor sports park(established in 1975) a radio-controlled
airplane area(established in 1976). A dirt oval track was built in the late 1980s and operated for 10-15 years.
The motocross area has not had any events since 2007. Rehabilitation of the site will be necessary to include
building suitable courses and hills. Two equestrian arenas,areas used by the Nature and Raptor Center of Pueblo,
and informal trails and open space were included in the southern portion of the property.
In 2001,the City purchased 2,373 acres of the northern portion of the property leased from the State of Colorado.
This is the majority of the property that makes up the City's Honor Farm recreation and open space park. At the
time of the purchase,the lease was terminated and the remaining 1,727 acres of the southern portion of the Honor
Request for Proposal 18-004 Page 6
Farm was combined with Lake Pueblo State Park. In 2008, the City annexed 954 acres of the City's Honor
Farm property. The City has land use regulatory control of the area that was annexed. The area is located within
the area that is within the Pueblo city limits.
3.4 Background
On November 12, 2007,the City Council approved the Honor Farm Park and Open Space Master Plan creating
a long term plan for the phased development and operation of 2,373 acres of public parks and open space
property located in unincorporated Pueblo County west of Pueblo Boulevard(SH 45)and south of US Highway
50 West. The master plan identified uses,features,amenities,open space,and management of the park and open
space area. In the future, Spalding Road will intersect with Pueblo Boulevard and cut through the existing
Motocross area. As a part of the City's land acquisition from the State,the City granted a conservation easement
to the State of Colorado that allows for park, recreation, and open space areas, but prohibits future commercial
and residential development of the property. The Master Plan includes the provision of the oval track area that
could be managed for racing events. Also, the Master Plan recommends that these racing venues should be
provided through a contract or lease arrangement with a private operator.
In 2009, the City of Pueblo established the City's Honor Farm area as an enterprise operation (HFE) whereby
the costs for the operation, management,and improvement of the 2,373-acre Honor Farm Property are set up as
a self-sustaining enterprise of the City. The HFE, by City Ordinance, is required to be operated and managed
without subsidy from the City's General Fund. The existing motocross racing facility containing 29 acres that
includes a motocross track, pit parking, racing tower, and a parking lot is included within the area that could be
used for this operation.
SECTION 4. PROPOSAL FORMAT AND REQUIRED RESPONSES
The information set forth in the paragraphs below must be included with all proposals. Make sure to provide
eight (8) copies of the complete Proposal, (one unbound and untabbed), as specified below (do not email
copies). Responses shall be considered technical offers of what firms propose to provide and shall be
incorporated in the contract award as deemed appropriate by the City. Please attach your responses to these
items to the RFP Cover Sheet and Signature Page. Failure of firms to respond to any of the following technical
submittal requirements may be grounds for considering a proposal non-responsive.
This is a qualification and cost based procurement process. Proposals will only be considered from firms that
have documented experience of similar municipal or regional projects and qualified personnel who are capable
of providing the required services.
4.1 RFP Cover Sheet
The RFQ Cover Sheet and Signature Page must be completed and returned with the Responder's proposal. Failure
to return the signed Cover Sheet is grounds for the City to reject a proposal. Responder must attach a Certificate
of Good Standing from the state wherein Responder was organized. For Colorado the certificate can be
downloaded at: https://www.sos.state.co.us/biz/BusinessEntity Criteria.do.
4.2 Table of Contents
The Table of Contents must indicate the material included in the proposal by section and page number. A
proposal's table of contents should mirror this section of the RFP and must include all the items set forth in this
section of the Request for Proposal.
Request for Proposal 18-004 Page 7
4.3 Submittal Summary A letter providing the following information must be submitted with the proposal.
The letter must include:
• A statement of the Proposer's understanding of the goals of this project and the service required by
the Request for Proposal listed in the Scope of Services.
• The names of the persons who are authorized to make representations on behalf of the Proposer
(include their titles, addresses, fax number, e-mail addresses and telephone numbers).
• A statement that the individual who signs the transmittal letter is authorized to contractually bind the
Proposer to contract with the City of Pueblo.
4.4 Disclosures. If applicable, disclose any professional or personal financial interest, which could be a
possible conflict of interest in providing products and services to the City. If not applicable, please make a brief
statement indicated that.
4.5 Statement of Qualification and Project Approach. Proposer's qualifications and intended approach to the
project are a major portion of the evaluation process. Proposers are encouraged to submit their most favorable
proposal and as much detail deemed necessary for the City to determine the qualifications.
4.5.1 Statement of Qualification:
4.5.1.1 The primary name, address, phone and contact person.
4.5.1.2 Identify the key people who will be involved in the operation, including their roles and
responsibilities.
4.5.1.3 Include a proposed business or work plan indicating tasks to be accomplished, work
schedule,Proposer personnel/subcontractors expected to perform each of the major task elements,and
how each will be paid for. The proposed cost for services should be included in the Proposer's
proposal. The total cost for services should include a breakdown of: 1) salaries, 2) insurance, 3)
equipment, 4) site improvement(i.e. fencing, ticket booth/kiosk, restrooms, etc.)and, 5) breakdown,
value and names of individuals/companies performing any proposed volunteer services.
4.5.1.4 Identify proposed compensation to the City(i.e., lease/rent payment). Identify the annual
rate of payment or other proposed compensation to City - including site improvements.
4.5.1.5 Describe similar (in size and scope) or recent (within the last five years) operations for
which the prime Proposer was responsible that demonstrate its capability to improve, operate,
maintain, and provide a safe Motocross Track facility. Provide the names and locations of facilities
that the Proposer has conducted similar services and had similar requirements. Submit references
including the name,current telephone number,and email for clients and facilities listed as a reference.
Provide the names and contact information of specific individuals who we may contact for references.
If none, please explain why you feel your group can run this business with little or no experience.
4.5.1.6 Proposer must be able to submit evidence that they have the necessary financial resources
to operate, manage, and promote the facility.
4.5.1.7 If your company does business within the City of Pueblo, please provide a copy of your
business license. If not currently licensed to do business within the City, the awarded firm will be
required to apply for a business license upon award.
4.5.1.8 Provide a site plan that shows how the property will be used such as; location of parking
area(s), security fencing, riding areas, and how the site will be modified to enhance spectator and
racing opportunities,announcer's booth,bleachers,restrooms and concession facilities restored within
the designated area, and any other additional proposed site improvements.
Request for Proposal 18-004 Page 8
4.5.1.9 Describe how you will operate and maintain a safe facility for Motocross Track events .
4.5.2 Project Approach
4.5.2.1 Provide information pertaining to how your company/group intends on managing the
Motocross Track facility. Provide a brief statement of the Proposer's understanding of the goals of
this project and the services to be provided by the Proposer.
4.6 Time Frame-The proposal shall include the number of days that is needed for the Proposer to start operation
of the Motocross Track facility. The timeframe could be adjusted in the agreement (with any changes agreed upon
by both parties).
4.7 Time Frame-The proposal shall include the number of days that is needed for the firm to complete all design
phases. It is anticipated that the selected firm will have up to 180 days to complete the project, although proposals
shall include a timeline that identifies the duration of each task included within the scope of services. The timeframe
could be adjusted in the agreement(with any changes agreed upon by both parties).
Request for Proposal 18-004 Page 9
EXHIBIT A
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement, retention or
other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association
(PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of
Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other
arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for
services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who
will perform any services for the City of Pueblo? Yes , No . (Must sign below whether you answer "yes"or "no".)
(b) If you answered "yes" to (a) above, please answer the following question: Are you 1) an individual, 2) sole
proprietor or partnership,or 3)a business or company owned or operated by a PERA Retiree or an affiliated party?
Yes ,No . (If you answered"yes"please state which of the above listed entities(1,2,or 3)best describes
your business:
(c) If you answered"yes"to both(a)and(b),please provide the name,address and social security number of each such
PERA Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two,please attach a supplemental list)
If you answered"yes"to both(a)and(b),you agree to reimburse the City of Pueblo for any employer contribution required
to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee
or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the
City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under
any current or future contract or other arrangement for services between you and the City of Pueblo.
Failure to accurately complete,sign and return this document to the City of Pueblo may result in your being denied
the privilege of doing business with the City of Pueblo.
Signed ,20
By: —Name:
Title: ---- -- ---For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named
beneficiary or cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by
blood or adoption to and including parents, siblings,half-siblings, children, and grandchildren; (3) any person who is a relative
of the PERA Retiree by marriage to and including spouse,spouse's parents,stepparents,stepchildren, stepsiblings,and spouse's
siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the
performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or
compensation.
Request for Proposal 18-004 Page 10
EXHIBIT B
,'r; 1..,x....' ,,,s 1 ti ; .' ' S H v
li
0,. ., - mow""`.
t
t # 04., 4 ,t fOi, R -- rt;,i.:,,z''' ,,,..,1 -, ::•1\1,4,—,
•
Oval Track �� °
, ,. ■ 1
PMI Raceway I ;rt .
t v`./`. P ' . '�
•
� * °', . � sir t � 'A'7.,;-,.‘._.• "!�`
Legend N F �� ��� , � � `���•y. � ,� �.��.
g ,, t° t . ,, ,
tl(
. Existing Motocross Area f t ''``- " r. ,l ts,, ,
illema
—. City ty Limits F c.. ) �.`°m .{ x = _
Request for Proposal 18-004 Page 11
war
EXHIBIT C
CERTIFICATES OF INSURANCE
"In accordance with Section 12 of the Agreement, Operator shall obtain the mandated insurance
coverages at least ten (10) days prior to any event or use of the Leased Premises. Certification of
Insurance is not required prior to execution of the Agreement."
EXHIBIT D
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION SUPPLEMENTAL
QUESTIONNAIRE TO BE ANSWERED BY ANY BUSINESS PERFORMING SERVICES
FOR THE CITY OF PUEBLO
COLORADO PUBLIC EMPLOYEES RETIREMENT ASSOCIATION
SUPPLEMENTAL QUESTIONNAIRE TO BE ANSWERED BY
ANY BUSINESS PERFORMING SERVICES FOR THE CITY OF PUEBLO
Pursuant to section 24-51-1101(2),C.R.S.,salary or other compensation from the employment,engagement,retention or
other use of a person receiving retirement benefits (Retiree) through the Colorado Public Employees Retirement Association
(PERA) in an individual capacity or of any entity owned or operated by a PERA Retiree or an affiliated party by the City of
Pueblo to perform any service as an employee, contract employee, consultant, independent contractor, or through other
arrangements, is subject to employer contributions to PERA by the City of Pueblo. Therefore,as a condition of contracting for
services with the City of Pueblo,this document must be completed,signed and returned to the City of Pueblo:
(a) Are you, or do you employ or engage in any capacity, including an independent contractor, a PERA Retiree who
will perform any services for the City of Pueblo? Yes , No . (Must sign below whether you answer "yes"or "no")
(b) If you answered "yes" to (a) above, please answer the following question: Are you I) an individual, 2) sole
proprietor or partnership,or 3)a business or company owned or operated by a PERA Retiree or an affiliated party?
Yes ,No . (If you answered"yes"please state which of the above listed entities(1,2,or 3)best describes
your business:
(c) If you answered"yes"to both(a)and(b),please provide the name,address and social security number of each such
PERA Retiree.
Name Name
Address Address
Social Security Number Social Security Number
(If more than two,please attach a supplemental list)
If you answered"yes"to both(a)and(b),you agree to reimburse the City of Pueblo for any employer contribution required
to be paid by the City of Pueblo to PERA for salary or other compensation paid to you as a PERA Retiree or paid to any employee
or independent contractor of yours who is a PERA Retiree performing services for the City of Pueblo. You further authorize the
City of Pueblo to deduct and withhold all such contributions from any moneys due or payable to you by the City of Pueblo under
any current or future contract or other arrangement for services between you and the City of Pueblo.
Failure to accurately complete,sign and return this document to the City of Pueblo may result in your being denied
the privilege of doing business with the City of Pueblo.
Signed ,20
By: - -
Name:
Title:
For purposes of responding to question (b) above, an "affiliated party" includes (1) any person who is the named
beneficiary or cobeneficiary on the PERA account of the PERA Retiree;(2)any person who is a relative of the PERA Retiree by
blood or adoption to and including parents,siblings, half-siblings,children,and grandchildren; (3)any person who is a relative
of the PERA Retiree by marriage to and including spouse,spouse's parents,stepparents,stepchildren, stepsiblings,and spouse's
siblings; and (4) any person or entity with whom the PERA Retiree has an agreement to share or otherwise profit from the
performance of services for the City of Pueblo by the PERA Retiree other than the PERA Retiree's regular salary or
compensation.
EXHIBIT E
CONSERVATION EASEMENT
11111111111111111MINION 111111 11111 1111
1390842 07/02/2001 01:33P EASE Chris C. Nuns
1 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Reo
DEED OF CONSERVATION EASEMENT
HONOR FARM OPEN SPACE & PARK PARCELS
CITY OF PUEBLO
4.15
THIS DEED OF CONSERVATION EASEMENT is granted on this 2 R day of
1.4.101.0- ,2001 by the CITY OF PUEBLO, a municipal corporation,existing under the laws
of the State of Colorado,having an address at 1 City Hall Place,Pueblo,CO 81003 ("Grantor")to the
STATE OF COLORADO, acting by and through the Department of Natural Resources,for the use and
benefit of the Colorado Division of Parks and Outdoor Recreation,having a mailing address of 1313
Sherman Street,Room 618,Denver,CO 80203 ("Grantee"), for the purpose of forever conserving the
open space,park and recreation character of the subject property.
RECITALS:
++� , A. Grantor is the sole owner in fee simple of certain real property in Pueblo County,Colorado
consisting of 2,353 acres of land described in Exhibit A attached hereto and incorporated herein by this
reference(the"Property").
B. The Property presently contains substantially undeveloped natural areas and as such
possesses natural, wildlife habitat, scenic,open space,and park values("Conservation Values")that are
important to the Grantor,the people of the City of Pueblo,and the State of Colorado,and are worthy of
preservation. The City of Pueblo leased the property from June 26, 1974 until the Property was acquired
from the State of Colorado. In addition the State of Colorado has previously granted easements for roads,
overhead utility lines and a power transmission station on the property that have visually impacted the
general conservation values of the site.
C. The Property is centrally located between the City of Pueblo and the Pueblo West
Metropolitan District and will provide an open space buffer and future park site that will meet recreation
needs of the City of Pueblo. This Property, in combination with the 1,900 acres to the south owned by
the State of Colorado creates a 4,253 acre open space buffer between the City of Pueblo and the Pueblo
West Metropolitan District. The Property contains a relatively undisturbed short grass prairie habitat,
arroyos,public recreation, and a generally undisturbed buffer to Lake Pueblo State Park.
D. The specific Conservation,Open Space,Park and Recreation Values and other
characteristics of the Property are documented in an inventory of relevant features of the Property, dated
June 29,2001,entitled"Conservation Easement Baseline Inventory: Honor Farm Open Space&Park
Parcels"and incorporated by this reference("Baseline Documentation Report"),which consists of
reports, maps,photographs,and other documentation. Both Grantor and Grantee acknowledge the
Baseline Documentation Report to be complete and accurate as of the date of this Deed. A copy of the
Baseline Documentation Report is on file with both the Grantor and Grantee. The Baseline
Documentation is intended to serve as an objective information baseline for monitoring compliance with
the terms of this easement.
E. Grantor intends that the Conservation,Open Space,Park and Recreation Values of the
Property be preserved and maintained by the continuation of land use patterns, including,without
limitation,those relating to park and open space areas, and both indoor and outdoor public recreation
facilities.
Page 1 of 13
1111111 III 1111111111111 III 1111111111111
1390542 07/02/2001 01:33P EASE Chris C. Munoz
2 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Ree
F. Grantee is qualified to hold conservation easements pursuant to Section 38-30.5-104(2),
C.R.S., and as certified by a motion of its Board, at its May 25, 2001, meeting, accepts the responsibility
of enforcing the terms of this Easement and upholding its conservation purposes forever.
G. Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to
preserve and protect in perpetuity the Conservation,Open Space, Park and Recreation Values of the
Property for the benefit of this generation and generations to come.
NOW,THEREFORE, in consideration of the above and of good and valuable consideration,the
receipt and sufficiency of which is hereby acknowledged, and the mutual covenants,terms, conditions,
and restrictions contained herein,and pursuant to the laws of the State of Colorado, and in particular
C.R.S. §§ 38-30.5-101, et. seq., Grantor hereby voluntarily grants,bargains,sells, and QUITCLAIMS to
Grantee a conservation easement in perpetuity over the Property of the nature and character and to the
extent hereinafter set forth("Easement").
1. Purpose.
It is the purpose of this Easement to assure that the Property will be maintained forever in an
open space and/or park condition and to prevent any use of the Property that will significantly impair or
interfere with the Open Space,Park and Recreation Values of the Property. Grantor intends this
Easement will confine the use of the Property to such activities, including without limitation, those
involving open space, parks, public recreation and indoor and outdoor public recreation facilities and
buildings,continuance of the historical operations of the Pueblo Motorsports, Inc. area, the extension of
roadways between Pueblo West and the City of Pueblo,and the extension of roadways that provide
access to recreation facilities and associated parking areas subject to the uses of the Property permitted
hereunder.
2. Rights Conveyed.
To accomplish the purpose of this Easement the following rights are conveyed to Grantee:
a) To preserve and protect the Conservation, Open Space, Park and Recreation Values of the
Property;
b) To enter upon the Property at reasonable times in order to monitor Grantor's compliance
with and otherwise enforce the terms of this Easement; provided that such entry shall be
upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with
Grantor's use and quiet enjoyment of the Property; and
c) To prevent any activity on or use of the Property that is inconsistent with the purpose of this
Easement and to require the restoration of such areas or features of the Property that may be
damaged by any inconsistent activity or use.
Consistent Uses.
The following uses and practices by Grantor,though not an exhaustive recital, are consistent
with the Easement, so long as (i)notice is given pursuant to Paragraphs 6 and 21 below, if appropriate,
Page 2 of 13
1111111111111111111111 III 1111111111111 III 11111 IIII IIII
1390542 07/02/2001 01:33P ERSE Chris C. Munoz
3 of 18 R 90.00 D 0.00 Pueblo Cty Clark & Ree
and (ii) all such uses and practices are carried out in a manner consistent with the Management Plan,as
periodically amended,as defined below:
a) Recreation Uses. Members of the general public may utilize the Property for any and all types of
indoor and outdoor recreational uses deemed appropriate by Grantor, including but not limited
to,hiking, bicycling on existing trails and roads, nature studies, picnicking,model airplane
activities and motorized uses on designated courses, roadways and trails. To facilitate these
uses, Grantor may use, build,develop,construct, maintain,replace, and repair the following:
1. Golf Courses.
2. Landscaped Turfgrass Areas.
3. Lakes& Ponds.
4. Regional Sports Complexes.
5. Campgrounds.
6. Picnic Areas.
7. Swimming Facilities/Water Parks.
8. Recreation Center Facilities.
9. Outdoor Amphitheaters.
10. Outdoor Courts.
11. Wheel Parks. Non-motorized uses including, but not limited to, skateboards, inline skates,
and bicycles.
12. Residential Caretaker Housing.
13. Parking Areas.
14. The Pueblo Motorsports Park. Grantor may continue the historical uses, events,and
activities of the Pueblo Motorsports Park, Inc. which is currently located on the Property.
The Pueblo Motorsports Park, Inc. facilities presently encompass approximately 800 acres
of the Property and are used for the purpose of recreational motorsports activities.
b) Recreation Access Roads. Grantor may construct such roads as may be necessary or desirable to
gain access to public recreation facilities. The exact location of said roadways shall be selected
by Grantor,at which time Grantor must provide Grantee with an exact legal description of such
roadways. The general locations of future public roads are depicted in the Management Plan.
c) Main Arterial Roads. To construct a maximum of two roads as may be necessary or desirable to
gain access from Pueblo West Metropolitan District to Pueblo Boulevard under the terms and
Page 3 of 13
I 111111 11111 111111 11111 III 1111111111111 III 11111 1111 IIII
1380542 07/02/2001 01:33P EASE Chrls C. Munoz
4 of 18 R 90.00 0 0.00 Pueblo Cty Clerk A Roc
conditions contained herein. The exact location of said roadways shall be selected by Grantor, at
which time Grantor must provide Grantee with an exact legal description of such roadways. The
general locations of the future roads connecting the Pueblo West area to Pueblo Boulevard are
depicted in the Management Plan.
d) Trails. Members of the general public may utilize trails on the Property for recreation uses
deemed appropriate by Grantor.
e) Signage. Signs may be erected by Grantor on the Property to identify the Property to the general
public and notify the public of rules, regulations, and where specific uses are allowed on the
Property.
f) Fencing. Existing fences may be repaired, replaced or removed,and new fences may be built on
the Property for public safety,property boundary marking,recreation facility improvements, and
natural resource protection purposes.
g) Underground Utilities. To construct and maintain underground utilities within and across the
Property deemed appropriate by Grantor including but not limited to water, sanitary sewer,storm
water,electrical, cable television and communication lines. The area disturbed by the installation
of the utility shall be restored and revegetated to a condition that is reasonably comparable to the
previous condition of the Property.
h) Public Use. Public use and access to the Property shall be limited and subject to rules and
regulations adopted by Grantor.
i) Existing Easements. Any use or activity permitted or authorized pursuant to easements and
rights-of-way existing or granted prior to the date of this Easement are and will continue to be
permitted uses and activities.
3. Prohibited Uses.
Any activity on or use of the Property inconsistent with the purpose of this Easement is
prohibited. Without limiting the generality of the foregoing, the following activities and uses area
expressly prohibited:
a) Construction of Buildings and Other Structures. The construction of any building or other
structure is prohibited,except for those structures described in paragraph 3 above.
b) Removal of Vegetation. It is the intent of this Easement that the vegetation within the open
space/natural areas on the Property remains in a substantially natural condition. However,trees
and shrubs may be cut to control insects and disease,to control invasive non-native species,to
promote habitat and tree and shrub growth,and to prevent personal injury and property damage.
In addition,vegetation may be removed within areas developed for public recreation facilities
and roads as described in paragraph 3 above.
c) Noxious Weeds. The infestation of noxious weeds on the Property is prohibited. For the
purposes of this Easement noxious weeds are defined as those weeds designated pursuant to
Page 4 of 13
I 1111111111111111111111 III 1111111111111 III 11111 !III !III
4 b , C.R.S. 1390542 07/02/2001 01:33P EASE Chris C. Mune:
Section 35-5.5-107
( x ) 3 of 18 R 90.00 D 0.00 Pueblo Cty Clerk A Rec
d) Storage of Trash or Other Materials. The dumping or uncontained accumulation of any kind of
trash or refuse on the Property, in addition to the trash and refuse identified in the Baseline
Inventory Report, is prohibited,not including those trash bins associated with areas developed for
public recreation facilities as described in paragraph 3 above.
e) Mining. The mining or extracting of soil, sand,gravel, rock,oil,natural gas,coal, fuel or any
other mineral substance is prohibited.
f) Roads.Paving. Except for those roads allowed pursuant to Paragraph 3 above,no new roads
shall be constructed on the Property.
g) Commercial Uses. Commercial uses shall not be allowed on the Property, except those uses that
are provided as a service to the public recreation facilities, events, and activities described in
paragraph 3 above. Commercial uses such as concession stands,pro shops, and gift shops
associated with developed recreation facilities described in paragraph 3 above are allowed.
Commercial uses such as hotels and lodging facilities,convenience stores, retail and grocery
stores, hospitals and care centers shall not be allowed on the Property.
h) Residential Development. Residential housing units,townhomes, apartments, or other private or
public housing developments,except for caretaker and dormitory facilities described in paragraph
3 above,are prohibited.
i) Above Ground Utility Easements, Above ground public or private utilities including but not
limited to electrical transmission lines,antennas, radio and television telecommunication towers
shall not be allowed on the Property,except existing and future improvements allowed within pre-
existing utility easements,and utility boxes and equipment cabinets,no greater than four feet in
height and 36 square feet of gross floor area,deemed appropriate by Grantor that serve or benefit
park and recreation facilities.
j) Public Motorized Use. Motorized use by the public on the Property,except on designated roads
and trails, is prohibited. This clause does not limit the right of Grantor and the Grantee to use
motorized vehicles on the Property for management and emergency purposes.
k) Other Motorized Use. Within the limits of the Grantor's authority, Grantor shall not authorize
motorized access by adjacent private property owners across the Property to access their
properties.
5. Land Management Plan.
The property shall be operated and managed in accordance with a land management plan prepared
by Grantor(the "Management Plan"),which shall conform to the provisions of this Easement. The
parties hereto acknowledge that by mutual agreement a Management Plan titled"Honor Farm Open Space
and Park Parcels Management Plan",will be completed and approved by the City of Pueblo City Council
on or before October 1, 2001. The Management Plan shall be updated no less frequently than every five
years. Grantor shall notify Grantee prior to undertaking any amendments, revisions,or updates to the
Management Plan. Grantor shall provide Grantee with copies of any proposed changes to
Page 5 of 13
1111111
III 11111111111 III 1111111 1E111 11111 1111 lIII
1390542 07/02/2001 01:33P EASE Chris C. Munoz
6 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Roe
the Management Plan. Grantor shall also provide Grantee a final draft version of any proposed changes
to the Management Plan prior to formal adoption by Grantor. The purpose of such notifications is to
afford Grantee the opportunity to ensure the proposed changes to the Management Plan conform with the
provisions of this Easement. Grantee shall provide written comments to Grantor within thirty(30)days
after it has reviewed the proposed changes to the Management Plan. These comments should reflect
Grantee's opinion as to the conformity of the proposed changes to the provisions of this Easement.
Grantee's failure to provide written comments to Grantor within thirty(30)days after receipt of any
proposed change to the Management Plan shall constitute Grantee's acceptance and consent thereto.
6. Notice of Intention to Undertake Certain Permitted Actions.
Grantor shall notify Grantee prior to undertaking construction on the Property of any roads,
buildings,or other facilities. The purpose of requiring Grantor to notify Grantee prior to undertaking
construction activities is to afford Grantee an opportunity to review so that the activities in question are
designed and carried out in a manner consistent with the purpose of this Easement. Whenever notice is
required,Grantor shall notify Grantee in writing not less than sixty(60)days prior to the date Grantor
intends to undertake the activity in question. The notice shall describe the nature,design, location,
timetable, and any other material aspect of the proposed activity in sufficient detail to permit Grantee to
make an informed judgment as to its consistency with the purpose of this Easement. Grantee's failure to
provide written comments to Grantor within thirty(30)days after receipt of any proposed construction
on the Property shall constitute Grantee's acceptance and consent thereto.
7. Responsibilities of Grantor and Grantee Not Affected.
Other than as specified herein,this Easement is not intended to impose any legal or other
responsibility on Grantee,or in any way to affect any existing obligation of Grantor as owner of the
Property. Among other things,Grantor shall continue to be solely responsible for the upkeep and
maintenance of Property,to the extent it may be required by law. Grantee shall have no obligation for
the upkeep or maintenance of the Property.
8. Enforcement.
Grantee shall have the right to prevent and correct or require correction of violations of the terms
and purposes of this Easement. With reasonable advance notice to Grantor,Grantee may enter the
Property for the purpose of inspecting for violations. If Grantee finds what it believes is a violation,
Grantee shall immediately notify Grantor in writing of the nature of the alleged violation. Upon receipt
of this written notice,Grantor shall either(a)restore the Property to its condition prior to the violation or
(b)provide a written explanation to Grantee of the reason why the alleged violation should be permitted.
if the condition described in clause(b)above occurs, both parties agree to meet as soon as possible to
resolve this difference. When, in Grantee's opinion,an ongoing or imminent violation could irreversibly
diminish or impair the Conservation Values of the Property, Grantee may,at its discretion,take
appropriate legal action. Grantor shall discontinue any activity which could increase or expand the
alleged violation during the informal discussion process. Should informal discussions fail to resolve the
dispute,Grantee may,at its discretion,take appropriate legal action. If a court with jurisdiction
determines that a violation which could irreversibly diminish or impair the Conservation Values of the
Property is imminent,exists, or has occurred,Grantee may get an injunction to stop it, temporarily or
permanently. A court may also issue an injunction to require Grantor to restore the Property to its
condition prior to any such violation.
Page 6 of 13
11111111111111111111111 III 1111111 11111 111111111 liii II11
9. Grantee's Discretion 1390542 07/02/2001 01:33P EASE Chris C. Munoz
7 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Ree
Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any
forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term
of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or
of any subsequent breach of the same or any other term of this Easement or of any of Grantee's rights
under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any
breach by Grantor shall impair such right or remedy or be construed as a waiver.
10. Waiver of Certain Defenses.
Grantor hereby waives any defense of laches,estoppel,or prescription provided any action to
enforce a violation of this Easement must be brought within six(6)years from the date of such violation.
11. Acts Beyond Grantor's Control.
Nothing contained in this Easement shall be construed to entitle Grantee to bring any action
against Grantor for any injury to or change in the Conservation Values of the Property resulting from
causes beyond Grantor's control, including, without limitation, fire,flood, storm, and earth movement,
vandalism, acts of God or from any prudent action taken by Grantor under emergency conditions to
prevent, abate, or mitigate significant injury to the Property or the public resulting from such causes.
12. Costs and Liabilities.
As to Grantee,Grantor retains all responsibilities and shall bear all costs and liabilities of any
kind related to the ownership,operation,upkeep, and maintenance of the Property, including the
maintenance of adequate comprehensive general liability insurance coverage,and the cost of controlling
noxious weeds. Grantor shall keep the Property free of any liens arising out of any work performed for,
materials furnished to, or obligations incurred by Grantor.
13. Taxes.
Grantor shall pay before delinquency any and all real property taxes, assessments, fees,and
charges of whatever description lawfully levied on or assessed against the Property by competent
authority(collectively"taxes"), including any such taxes imposed upon or incurred as a result of,this
Easement, and shall furnish Grantee with satisfactory evidence of payment upon request.
14. Hold Harmless.
To the extent authorized by law, Grantor shall hold harmless, indemnify,and defend Grantee and
its members,directors,officers,employees, agents,and contractors and the heirs, personal
representatives,successors,and assigns of each of them(collectively"Indemnified Parties")from and
against all liabilities,penalties,costs, losses,damages, expenses, causes of action,claims, demands, or
judgments, including,without limitation, reasonable attorney's fees, arising from or in any way
connected with: (1)injury to or the death of any person, or physical damage to any property,resulting
from any act,omission,condition, or other matter related to or occurring on or about the Property,
regardless of cause,unless due to the negligence of any of the Indemnified Parties; and(2)the presence
or release of hazardous or toxic substances on, under or about the Property occurring on or after the date
Page 7 of 13
1111111 1111111111111111III 1111111 111111 111 11111 1111 IIII
1390542 07/02/2001 01:33P EASE Chris C. Runes
8 of 18 R 90.00 0 0.00 Pueblo Cty Clerk & Roe
of this Easement. For the purpose of this paragraph, hazardous or toxic substances shall mean any
hazardous or toxic substance which is regulated under any federal, state or local law.
15. Reconfiguration of Easement.
Portions of the Property may be deleted from this Easement at the request of the Grantor
provided that property equal or greater in monetary value than said deleted property subject to this
Easement is simultaneously brought into and burdened by this Easement as replacement for the deleted
property. Such replacement property must be located within the NW'/ SECTION 15-T20S-R65W west
of Pueblo Boulevard; SE'/, SECTION 17-T20S-R65W; SECTION 20-T20S-R65W; W'Y2/NW%
SECTION 21-T20S-R65W. The areas of Grantor's property that may deleted from the Easement subject
to the above provisions, along with the private lands that must be incorporated into the Easement as
replacements are depicted in Exhibit B,Reconfiguration Map. Any reconfiguration of the Easement shall
require the filing of an amended Deed of Conservation Easement in the Office of the Clerk and Recorder
of Pueblo County. Such amendment shall be done in conformance with the requirements of paragraph
23 J. below.
16. Change in Circumstances.
The fact that any use of the Property that is expressly prohibited by this Easement, or any other
use as determined to be inconsistent with the purpose of this Easement, may become greatly more
economically valuable than permitted uses,or that neighboring properties may in the future be put
entirely to uses that are not permitted hereunder, has been considered by Grantor in granting this
Easement. It is Grantor' belief that any such changes will increase the benefit to the public of the
continuation of this Easement, and it is the intent of both Grantor and Grantee that any such changes
should not be assumed to be circumstances justifying the extinguishment or termination of this
Easement.
17. Division of Proceeds Between the Grantor and Grantee.
The rights of Grantee created by this Easement constitute a real property interest vested in
Grantee. In the event of condemnation of the Property or extinguishment of the Easement, the values of
Grantee's and Grantor's interests in the Property shall be computed as follows:
a) If all or any portion of the Property is being sought by an entity that has the power of
condemnation,the fair market value of the Property unencumbered by this Easement minus any
increase in value after the date of this Easement attributable to improvements shall be
determined by the court in the condemnation proceeding, or by the agreement of Grantor,
Grantee, and the condemning entity.
b) If all or any portion of the Easement is being extinguished,the fair market value of the Property
unencumbered by this Easement minus any increase in value after the date of this Easement
attributable to improvements shall be determined by the agreement of Grantor and Grantee, but if
the parties cannot agree, by an appraisal completed by a mutually acceptable licensed appraiser.
c) Once the fair market value of the Property as if unencumbered by this Easement has been
established pursuant to the above,the value of Grantor's and Grantee's respective interests in the
Property shall be a percent of the fair market value of the Property as if unencumbered by this
Easement as follows:
Page 8 of 13
1 111111 111111 11111111 11111 III 1111111 111111 III 11111 1111 11111
1390542 07/02/2001 01:33P EASE Chrls C. Munoz
9 of 18 R 90.00 0 0.00 Pueblo Cty Clerk A Ree
j) Grantor's interest shall be thirty percent(30%),minus an increase in value after the
date of this Easement attributable to improvements.
ii) Grantee's interest shall be seventy percent(70%).
18. Condemnation. If the Property is taken, in whole or in part,by exercise of the power of eminent
domain, or if the Easement is extinguished or terminated and the Property is subsequently sold or
exchanged,Grantee shall be entitled to compensation for the value of their respective interests, in
accordance with applicable law, as determined pursuant to paragraph 17 above.
19. Assignment.
This Easement is transferable, but Grantee may assign its rights and obligations under this
Easement only to an organization that is authorized to acquire and hold conservation easements under
Colorado law. As a condition of such transfer,the deed or any other legal instrument by which Grantee
transfers its rights and obligations herein shall require that the conservation purposes that this Easement
is intended to advance continue to be carried out. In no event shall this requirement be interpreted to
obligate Grantee to guarantee or assure that the transferee meet Grantee's obligations as stated in this
Easement. Any transfer allowed herein shall release Grantee from all liability pursuant to this Easement
arising after such transfer.
20. Subsequent Transfers
Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by
which they divest themselves of any interest in all or a portion of the Property, including, without
limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of
any interest at least sixty(60)days prior to the date of such transfer. The failure of Grantor to perform
any act required by this paragraph shall not impair the validity of this Easement or limit its enforceability
in any way.
In the event the Property is transferred to an entity or person whose property is not exempt from
taxation,the transferee as subsequent owner shall pay before delinquency all taxes, assessments, fees,
and charges of whatever description levied on or assessed against the Property by competent authority
(collectively"taxes"), including any taxes imposed upon,or incurred as a result of,this Easement,and
shall furnish Grantee with satisfactory evidence of payment upon request.
21. Notices.
Any notice,demand, request,consent,approval,or communication that either party desires or is
required to give to the other shall be in writing and either served personally of sent by first class mail,
postage prepaid,addressed as follows:
To the Grantor:
City of Pueblo Planning& Development Department
211 East D Street
Pueblo, CO 81003
Page 9 of 13
City Manager 11111111111111111111111 III 111111111111111111111111111
1 City Hall Place
1390542 07/02/2001 01:33P EASE Chris C. Munoz
Pueblo, CO 81003 10 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Ree
To the Grantee:
Colorado Division of Parks and Outdoor Recreation
1313 Sherman Street,Room 618
Denver,CO 80203
Attn: Real Estate Section
Lake Pueblo State Park
640 Pueblo Reservoir Road
Pueblo, CO 81005
Attn: Park Manager
or to such address as either party from time to time shall designate by written notice to the other.
22. Recordation.
Grantor shall record this instrument in timely fashion in the official records of Pueblo County,
and Grantee may re-record it at any time as may be required to preserve its rights in this Easement.
23. General Provisions.
A. Controlling Law.
The interpretation and performance of this Easement shall be governed by the laws of the State
of Colorado.
B. Liberal Construction.
Any general rule of construction to the contrary notwithstanding,this Easement shall be liberally
construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of
C.R.S. §§ 38-30.5-101. Et seq. If any provision in this instrument is found to be ambiguous, an
interpretation consistent with the purpose of this Easement that would render the provision valid shall be
favored over any interpretation that would render it invalid.
C. Severability.
If any provision of this Easement,or the application thereof to any person or circumstance, is
found to be invalid,the remainder of the provisions of this Easement,or the application of such provision
to persons or circumstances other than those as to which it is found to be invalid,as the case may be,
shall not be affected thereby.
Page 10 of 13
11111111111111111111111111111111111111 III 111111 III viii
1390542 07/02/2001 01:33P EASE Chris C. Munoz
D. Entire Agreement.
11 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Ree
This instrument sets forth the entire agreement of the parties with respect to the Easement and
supersedes all prior discussions, negotiations, understandings,or agreements relating to the Easement, all
of which are merged herein.
E. No Forfeiture.
Nothing contained herein will result in a forfeiture or reversion of Grantor's title in any respect.
F. Successors.
The covenants,terms,conditions, and restrictions of this Easement shall be binding upon, and
inure to the benefit of,the parties hereto and their respective personal representatives, heirs, successors,
and assigns and shall continue as a servitude running in perpetuity with the Property.
G. Termination of Rights and Obligations.
A party's rights and obligations under this Easement terminate upon transfer of the party's
interest in the Easement or Property,except that liability for acts or omissions occurring prior to transfer
shall survive transfer.
H. Captions.
The captions in this instrument have been inserted solely for convenience of reference and are
not a part of this instrument and shall have no effect upon construction or interpretation.
I. Amendment.
If the circumstances arise under which an amendment to or modification of this instrument
would be appropriate, Grantor and Grantee are free to jointly amend this instrument; provided that no
amendment shall be allowed that will affect the qualifications of this instrument under any applicable
laws. Any amendment must be consistent with the conservation purposes of this instrument and may not
affect its perpetual duration. Any amendment must be in writing, signed by both parties, and recorded in
the records of the Pueblo County Clerk& Recorder.
J. Termination of the Division of Parks and Outdoor Recreation.
In the event the Colorado Division of Parks and Outdoor Recreation is terminated or merged into
another entity,the rights and obligations of the Colorado Division of Parks and Outdoor Recreation
hereunder shall be assigned to and assumed by such other entity as provided by law, but in the absence of
such direction, by the Colorado Department of Natural Resources or its successor.
Page 11 of 13
11111111111111111111111 III 1111111111111 III 111111 III Iill
K Governmental Immunity. 1390542 07/02/2001 01:33P EASE Chris C. Munoz
12 of 18 R 90.00 D 0.00 Pueblo Cty Clerk 8 Roc
Grantor and Grantee do flees not intend to waive by any provision of this Easement the monetary
limitation or any other rights, immunities or protections provided by the Colorado Governmental
Immunity Act, Section 24-10-101,et seq.,C.R.S., as amended or any other law, either statutory or
common law.
L. Venue.
Pueblo,County,Colorado shall be the only appropriate venue for any action or dispute arising
form this Easement.
N. Third Parties.
This Easement does not, and shall not be deemed to confer upon any third party any right to
claim damages or to bring suit,or other proceeding against either party because of any term contained
herein.
24. Acceptance.
Grantee hereby accepts without reservation the rights and responsibilities conveyed by this Deed
of Conservation Easement.
TO HAVE AND TO HOLD,this Deed of Conservation Easement unto Grantee, its successors
and assigns, forever.
IN WITNESS WHEREOF,Grantor and Grantee, intending to legally bind themselves,have set
their hands on the date first written above. ,
CITY 0 31.1 -I3LO
EY At / A.A.
I . ru ear ent of the Council
APPROVED AS TO FORM:
J :/)
_-
' !�: �. �---y k,.tel s�.- 1�L
",�.::- . . ity Clerk
Page 12 of 13
STATE OF COLORADO ) 1 11111 1111 111111 11111 III 1111111 111111 III 111111 III IIII
) 1390842 7/02/2001 01:33P EASE Chris C. Mune*
County of Pueblo ) 13 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Roe
The foregoing instrument was acknowledged before me this 'w►day of
i.Lv\e. ,2001, by A l 6tLfu P •
timinission expires „]uy1P. a , �pv-4. Witness my hand and official seal.
r,\PL_11.t • �
e .•... . , c' N Public
r� r , y
ACCEPTED:
STATE OF COLORADO
COLORADO DIVISION OF PARKS AND
OUTDOOR RECREATION
By: 111111111r# .
Tom Kenyon, Acting D'or
STATE OF COLORADO )
)
County of Pueblo )
f1,
The foregoing instrument was acknowledged before me this 2.1 day of
Tu,h.t _, 2001, by 'Tom Yet'Noh. I Ac-kj t✓�c4-o'' .
My commission expires_ Commission Exn$.eea Ma di 19 2003 . Witness my hand and official seal.
0111111111% ,( 1
1 ', ali,,,,,,re--
... O.y Notary u p is
1O• #OT4q` 90
Ali, I
7. —ALIO o :1
'OR C O 10Pp```�.
11111
Page 13 of 13
IIIIII 11111 11111111111 11111111111 IIIII
1390542 07/02/2001 01:33P EASE CI III!!! L 14 ofPk 81 Ree
EXHIBIT A
LEGAL DESCRIPTION:
A TRACT OF LAND LOCATED IN SECTION 16,TOWNSHIP 20 SOUTH,RANGE 65 WEST OF THE
6TH PRINCIPAL MERIDIAN,COUNTY OF PUEBLO,STATE OF COLORADO,MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 16;THENCE S89°41'01"W
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16,A DISTANCE
OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S89°41'01"W CONTINUING ALONG SAID SOUTH LINE OF THE SOUTHEAST
QUARTER, A DISTANCE OF 2236.23 FEET TO THE SOUTH QUARTER CORNER OF SAID
SECTION 16;
2. THENCE S89°41'03"W ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 16,A DISTANCE OF 2635,71 FEET TO THE SOUTHWEST CORNER OF
SAID SECTION 16;
3. THENCE NO 1°22'16"W ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF
SAID SECTION 16, A DISTANCE OF 2636.63 FEET TO THE WEST QUARTER CORNER
OF SAID SECTION 16;
4, THENCE N89°45'31"E ALONG THE EAST-WEST CENTERLINE.OF SAID SECTION 16,A
DISTANCE OF 1973.66 FEET TO THE WEST LINE OF THE EAST 1/2 OF THE EAST 1/2 OF
THE NORTHWEST QUARTER OF SAID SECTION 16;
5. THENCE N01°23'24"W ALONG SAID WEST LINE,A DISTANCE OF 2652.24 FEET TO
THE NORTH LINE OF SAID SECTION 16;
6. THENCE S89°57'17"E ALONG SAID NORTH LINE,A DISTANCE OF 99.23 FEET TO THE
NORTHWEST CORNER OF A TRACT OF LAND AS RECORDED IN BOOK 1501 AT PAGE
57 OF THE RECORDS OF SAID PUEBLO COUNTY;
THE FOLLOWING TWO(2)COURSES FOLLOW THE WESTERLY AND SOUTHERLY
BOUNDARY OF SAID TRACT RECORDED IN BOOK 1501 AT PAGE 57:
7. THENCE S00°02'43"W A DISTANCE OF 50.00 FEET;
8. THENCE S89°57'17"E A DISTANCE OF 229.83 FEET TO A POINT ON THE SOUTHERLY
LINE OF PARCEL NO.239 RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS
OF SAID PUEBLO COUNTY;
THE FOLLOWING FIVE(5)COURSES FOLLOW SAID SOUTHERLY LINE OF PARCEL NO.239
RECORDED IN BOOK 1853 AT PAGE 624:
9. THENCE S71°15'05"E A DISTANCE OF 230.71 FEET;
10, THENCE S71°44'35"E A DISTANCE OF 869.20 FEET TO A NON-TANGENT CURVE TO
THE LEFT;
11, THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF
11634.20 FEET,A DELTA ANGLE OF 04°23'28",AN ARC LENGTH OF 891,62 FEET,
WHOSE LONG CHORD BEARS S77°44'05"E A DISTANCE OF 891.40 FEET;
12. THENCE S81°07'05"E A DISTANCE OF 722.00 FEET;
13. THENCE S61°42'05"E A DISTANCE OF 386.20 FEET TO THE EAST LINE OF THE
NORTHEAST QUARTER OF SAID SECTION 16;
14. THENCE SO1°35'42"E ALONG SAID EAST LINE,A DISTANCE OF 867.26 FEET TO THE
MOST NORTHERLY POINT OF PARCEL NO.39 RECORDED IN BOOK 1853 AT PAGE 624
OF THE RECORDS OF SAID PUEBLO COUNTY; •
THE FOLLOWING THREE(3)COURSES FOLLOW THE WESTERLY LINE OF SAID
PARCEL NO.39 RECORDED IN BOOK 1853 AT PAGE 624:
15. THENCE S16°24'33"W A DISTANCE OF 358.50 FEET;
16. THENCE S09°48'33"W A DISTANCE OF 1138.60 FEET;
I Mill 1 1111 111 111 11111 1111 111 1111 11III 111111 III lilt
1390542 07/02/2001 01:33P EASE Chris C. Mune:
• 15 of 18 R 90.00 0 0.00 Pueblo C!y Clerk a Reo
17. THENCE S00°01'03"W A DISTANCE OF 2055.36 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
THE ABOVE TRACT OF LAND CONTAINS 461.53 ACRES,MORE OR LESS.
AND: ••
THE SW 1/4 OF SECTION 17,TOWNSHIP 20 SOUTH,RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO,STATE OF COLORADO.
AND:
THE S 1/2 OF SECTION 18,TOWNSHIP 20 SOUTH,RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN, COUNTY OF PUEBLO,STATE OF COLORADO.
AND:
THEN 1R;THEN 1/2 OF THE SW 1/4;THEN I/2 OF THESE 1/4;AND THESE 1/4 OF THE SE 1/4,
ALL IN SECTION 19,TOWNSHIP 20 SOUTH,RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF PUEBLO, STATE OF COLORADO.
AND:
THE NW 1/4;THEN 1/2 OF THE NE 1/4;THE SE 1/4 OF THE NE 1/4;THEE 1/2 OF THE SE 1/4;
AND THE SW 1/4 OF THE SE 1/4,ALL IN SECTION 20,TOWNSHIP 20 SOUTH,RANGE 65 WEST
OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF PUEBLO,STATE OF COLORADO.
AND:
THE NW 1/4;THE SW 1/4 OF THE NE 1/4;THE E 1/2 OF THE SW 1/4;THE SW 1/4 OF THE SE 1/4,
ALL IN SECTION 21,TOWNSHIP 20 SOUTH,RANGE 65 WEST OF THE 6TH PRINCIPAL
MERIDIAN,COUNTY OF PUEBLO,STATE OF COLORADO,ALONG WITH A TRACT OF LAND
LOCATED IN THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21,MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 21;THENCE S89°18'06"W
ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 21,A DISTANCE
OF 400.00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION:
1. THENCE S89°18'06"W CONTINUING ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 21,A DISTANCE OF 915.83 FEET TO THE SOUTHWEST
CORNER OF THE SE 1/4 OF THE SE 1/4 OF SAID SECTION 21;
2. THENCE NO0°34'49"W ALONG THE WEST LINE OF SAID SE 1/4 OF THE SE 1/4,A
DISTANCE OF 1319.07 FEET TO THE NORTHWEST CORNER OF SAID SE 1/4 OF THE
SE 1/4;
3, THENCE N89°21'02"E ALONG THE NORTH LINE OF SAID SE 1/4 OF THE SE 1/4,A
DISTANCE OF 966.33 FEET TO THE NORTHWEST CORNER OF PARCEL NO. 35
RECORDED IN BOOK 1853 AT PAGE 624 OF THE RECORDS OF SAID PUEBLO
COUNTY;
4. THENCE S01°36'49"W ALONG THE WEST LINE OF SAID PARCEL NO.35 RECORDED
IN BOOK 1853 AT PAGE 624,A DISTANCE OF 1319.32 FEET TO THE TRUE POINT OF
BEGINNING OF THIS DESCRIPTION.
THE ABOVE DESCRIBED PARCEL CONTAINS 28.49 ACRES, MORE OR LESS.
AND:
A TRACT OF LAND LOCATED IN THE N 1/2 OF SECTION 28,TOWNSHIP 20 SOUTH,RANGE 65
WEST OF THE 6TH PRINCIPAL MERIDIAN,COUNTY OF PUEBLO, STATE OF COLORADO,
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 28;THENCE S89°18'06"W
ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 28,A DISTANCE
OF 400.00 FEET TO A POINT ON THE WEST LINE OF PARCEL NO.35 RECORDED IN BOOK 1853
AT PAGE 624 OF THE RECORDS OF SAID PUEBLO COUNTY, SAID POINT BEING THE TRUE
POINT OF BEGINNING OF THIS DESCRIPTION:
•
1. THENCE SO3°46'43"E ALONG THE WEST LINE OF SAID PARCEL NO.35 AS RECORDED
IN BOOK 1853 AT PAGE 624,A DISTANCE OF 1741.94 FEET TO THE NORTHERLY
RIGHT-OF-WAY LINE OF THE RELOCATED DENVER AND RIO GRANDE WESTERN
RAILROAD CO.AS RECORDED IN BOOK 2121 AT PAGE 698 OF THE RECORDS OF
SAID PUEBLO COUNTY, SAID POINT BEING ON A NON-TANGENT CURVE TO THE
LEFT;
THE FOLLOWING SIX(6)COURSES FOLLOW SAID NORTHERLY RIGHT-OF-WAY LINE OF
THE RIO GRANDE WESTERN RAILROAD CO.AS RECORDED IN BOOK 2121 AT PAGE 698:
2. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 3364.17
FEET,A DELTA ANGLE OF 42°27'56",AN ARC LENGTH OF 2493.40 FEET, WHOSE
LONG CHORD BEARS S89°32'10"W A DISTANCE OF 2436.72 FEET;
3. THENCE S67°48'08"W A DISTANCE OF 517.08 FEET TO A NON-TANGENT CURVE TO
THE LEFT;
4. THENCE ALONG THE ARC OF SAID CURVE TO THE LEFT WITH A RADIUS OF 3399.17
FEET,A DELTA ANGLE OF 11°08'42",AN ARC LENGTH OF 661.20 FEET,WHOSE LONG
CHORD BEARS S53°58'57"W A DISTANCE OF 660.16 FEET;
5. THENCE S47°40'58"W A DISTANCE OF 102.87 FEET;
6. THENCE S46°48'23"W A DISTANCE OF 100.97 FEET;
7. THENCE S46°38'57"W A DISTANCE OF 89.75 FEET;
8. THENCE NO1°14'08"W A DISTANCE OF 2498.28 FEET TO THE NORTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 28;
9. THENCE N89°18'40"E ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 28,A DISTANCE OF 1371.97 FEET TO THE NORTH QUARTER CORNER
OF SAID SECTION 28;
10. THENCE N89°18'06"E ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OF
SAID SECTION 28,A DISTANCE OF 2231.66 FEET TO THE TRUE POINT OF BEGINNING
•
OF THIS DESCRIPTION.
THE ABOVE DESCRIBED TRACT OF LAND CONTAINS 145.29 ACRES,MORE OR LESS.
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 6TH P.M.,WHICH IS
ASSUMED TO BEAR N01°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 24964
FOR AND ON BEHALF OF URS
9960 FEDERAL DRIVE, SUITE 300
COLORADO SPRINGS,COLORADO 80921
(719)531-0001
NNE 18,2001
1111111111111111111111 III 1111111 111111II! 111111 III IIII
1390542 07/02/2001 01:33P EASE Chris C. Munoz
16 of 18 R 90.00 D 0.00 Pueblo Cty Clerk & Roe
Exhibit B
Reconfiguration Map
City of Pueblo State Honor Farm Property
F
,...
PUEBLO WEST � .. , ;. i
, .
/ N.
1
- -. us
r
f
`L HAHNS PEAK AVE
"'K1Y r
.
r
ti
i105 IJOS ra ,
106W R65W ..G.. ,.. ..�r.....,.e...
1 1
` Pueblo West
•
-,- boundary
di N.::::::::;:ii iiiiii::.:::::..::::::?:::: ;
s
................. 1:1111••••••.1 H
1
Mil "MIMI oma /� �� .. O"1
t N ••:•:•:•:::•.•:•.......:.......:.;;•:•:•......... :::'..::::::::::::"
,� <<t .kms ` -o
EEO.ci isi •�t`�' •wLasia.►aa s... ' •�
Vr• .6 ter: , J.L`i,. t, Y-./ t` ' -.,1y6 i ,. i 46 r-
t5} C> 2' 7
--IIrma a a •�, ti ,a„,, t . ,, ' , • 1 .'N • .. o
imite W$ "goy-`.. �iyz8 N .�, , • ,,,r• ,r-,-.) .,"� ki: r ��, a •IC/ i ��
d O. '''''4.,,,/- u ( ll 4,-y\ `; orl, Lw 1 ) -.'
) i,2� 3` A / 1 • ✓2. C 4
1t`^r �L f •` . ' ,f i i1 '
1 F }t ( ,f� c
I, 1111111 a
' ' /. . •f f rt.,;” L :'rl„+ ATInt... CENTER
v ;
m Cg ik• P U E B L O I ; •2°'a, ' ? ,, . I. �� , •fiver ,
am I ti 1 •r [. '�•t r'
111". �" ,. : STATE , r;'t -':'t A-4..0,./ _�. •c--1-* . . —
.fin`
am r 1 PARK �t 4\., t
/ % t i . Cof netoore ' 'i0•4, h+ 0 1/2 I mile
IMIIIIIN11-11=11111MMINIIIIIM :,
February 1947 ___ ' hili
\�\� Land Acquired By Honor Farm—retained
City from State by State Parks
Private Land Private Land identified for
future acquisition by City
AMENDMENT TO THE
LEASE AND MANAGEMENT AGREEMENT
THIS AMENDMENT ("Amendment") to the Lease and Management Agreement is made
and entered into this I 41. day of rA N uAR4,/ , 2023 ("Effective Date") by and between the City
of Pueblo, a Municipal Corporation, acting through its Honor Farm Properties Enterprise
(hereinafter referred to as "City"), and Southern Colorado Motocross Promotions, LLC
(hereinafter referred to as "Operator").
WHEREAS, City and Operator entered into a Lease and Management Agreement dated
January 28, 2019 ("Lease"), wherein the City agreed to lease to Operator certain facilities at the
Honor Farm Park and Open Space Motocross Track Area; and
WHEREAS, at the request of Operator, and with City's agreement, the parties now wish
to extend the term of the Lease.
NOW, THEREFORE, in consideration of the foregoing and the terms and conditions set
forth herein, the parties agree as follows:
1. The Lease shall be extended for an additional two-year term, beginning on January
1, 2023 and terminating on December 31, 2024 ("Renewal Term").
2. Except as expressly modified by this Amendment, the Lease shall remain in full
force and effect. Except as modified by this Amendment, any obligations to be
performed under the Lease by either party are not waived nor excused in any
manner but shall be performed in accordance with the terms and conditions of the
Lease as it existed prior to this Amendment.
IN WITNESS WHEREOF, City and Operator have executed this Amendment as of the
Effective Date first written above.
CITY OF PUEBLO,
ATTEST: a Municipal Corporation
/rr �"'-rCAVS313 2 By �r,411/
City C Nicholas A. Gradisar, Mayor
APPROVED AS TO FORM: SOUTHERN COLORADO MOTOCROSS
PROMOTIONS, LLC,
� a Limited Liabil ty Corporation
e" p
4 -( 'G ' C1� Y !_ 1//1/23
City Attorney effery S. Greenwood, President and CEO
Extension of Lease-SCMX