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HomeMy WebLinkAbout07791AS AMENDED 04/28/08 ORDINANCE NO. 7791 AN ORDINANCE APPROVING A MANAGEMENT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND MOUNTAIN PARK ENVIRONMENTAL CENTER RELATING TO PUEBLO MOUNTAIN PARK AND APPROPRIATING, BUDGETING AND TRANSFERRING FUNDS FROM THE GENERAL FUND RESERVES ACCOUNT FOR 2008 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1, The Management Agreement dated as of April 14, 2008, between Pueblo, a Municipal Corporation and Mountain Park Environmental Center, a Colorado non - profit corporation, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby confirmed, approved and ratified. SECTION 2, The President of the City Council is hereby authorized to execute and deliver the Management Agreement in the name of the City, and the City Clerk is authorized and directed to affix the seal of the City thereto and attest same. SECTION 3, The amount of $65,000 is hereby budgeted and appropriated for the maintenance and operation of Pueblo Mountain Park by the Mountain Park Environmental Center and shall be transferred from the Parks and Recreation Budget for 2008. SECTION 4, This Ordinance shall become effective upon final passage and approval. BY Judy Weaver Councilperson AP PROVE Lim PPI`81f I T' i I L'I'll PASSED AND APPROVED: Ar INTRODUCED April 14, 2008 ril 28. 2008 aP-� - 1191 G' CD i� s Background Paper for Proposed ORDINANCE DATE: APRIL 14, 2008 AGENDA ITEM # 26 DEPARTMENT: CITY MANAGER'S OFFICE DAVID J. GALLI, CITY MANAGER TITLE AN ORDINANCE APPROVING A MANAGEMENT AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND MOUNTAIN PARK ENVIRONMENTAL ASSOCIATION RELATING TO PUEBLO MOUNTAIN PARK AND APPROPRIATING, BUDGETING AND TRANSFERRING FUNDS FROM THE GENERAL FUND RESERVES ACCOUNT FOR 2008 AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should the City of Pueblo enter into a management agreement with the Mountain Park Environmental Association for the Pueblo Mountain Park and appropriate, budget and transfer funds from the General Fund Reserves Account for the maintenance and operation of the park in Beulah, Colorado. RECOMMENDATION Approval of the Ordinance. BACKGROUND The current agreement with the Mountain Park Environmental Association covers the Horseshoe Lodge facility, which is currently undergoing a renovation to house their office and operate as a retreat lodge with an environmental teaming center. The proposed management agreement would replace the existing agreement with a new scope of responsibilities that would have the Mountain Park Environmental Association responsible for the management, maintenance and operation of the entire Pueblo Mountain Park including all buildings, infrastructure and improvements. Except for the maintenance of the exterior of the Horseshoe Lodge, Pavilion and two caretaker buildings, the City will have no maintenance or repair obligation, provided if damaged by casualty or other acts, the City may or may not in its discretion, repair or rebuild. The City will be turning over all existing inventory, equipment and vehicles located at the Pueblo Mountain Park to the Mountain Park Environmental Association. The City will assist in the transition of the operation and maintenance of the park by offering the services of the two Park Caretakers that have been previously performing the park maintenance. This assistance will be at the discretion and request of the Mountain Park Environmental Association from July 1 to November 30, 2008. The initial term of the agreement is five years starting July 1, 2008, with an option for the Mountain Park Environmental Association to renew for five years, and two five year renewal periods subject to mutual agreement, which is the same term arrangement as the existing Horseshoe Lodge Management agreement. FINANCIAL IMPACT The expenses to operate and maintain the Pueblo Mountain Park facility in 2008 is estimated to be $126,635 which includes two fulltime Park Caretaker I positions at $97,160 and operating expenses of $29,475. City revenues for 2008 are estimated to be approximately $2,500. The Mountain Park Environmental Association has requested $130,000 to operate and maintain the park facility for 2008. The Association will pay an hourly rate of $23.35 for any requested services performed by the two City Caretakers during the July 1 to November 30, 2008 transition period. The City will appropriate, budget and transfer funds from the General Fund Reserves Account in 2008 to the Mountain Park Environmental Association in the amount of $65,000 to operate and maintain the park from July 1 to December 31, 2008. Future Appropriations will be subject to annual appropriations by the City Council. PUEBLO MOUNTAIN PARK MANAGEMENT AGREEMENT THIS MANAGEMENT AGREEMENT (the " Agreemem") entered into as of April 14, 2008 between City of Pueblo, a municipal corporation (the "City ") and Mountain Park Environmental Association, a Colorado nonprofit corporation (the "Center"), WITNESSETH: DEFINITIONS: The following terms when used herein shall have the following meanings: (a) "Pueblo Mountain Park" means and includes the appropriately 608.834 acres of land described in attached Exhibit "A" and all systems, buildings and facilities located thereon, including, without limitation, the roads and road system, water system, individual sewage disposal systems, and the buildings and facilities described in attached Exhibit `B" (herein "City's Buildings And Facilities "). (b) "Horseshoe Lodge" or "Lodge" means the two-story horseshoe building generally located within and adjacent to the east boundary of the Pueblo Mountain Park west of South Creek. RECITALS: A. City is the owner of the Pueblo Mountain Park. B. Center has the staff, experience and knowledge to develop, promote, operate, maintain and manage the Pueblo Mountain Park. C. Center is willing to enter into a Management Agreement for the Pueblo Mountain Park and the City is willing to enter into such Management Agreement upon the terms and conditions of this Management Agreement. NOW, THEREFORE, in consideration of the foregoing Recitals and the mutual covenants contained herein, City and Center agree as follows: 1. City hereby appoints and retains Center to and upon the conditions herein set forth, as an independent contractor, to develop, promote, operate, manage and maintain the Pueblo Mountain Park, and Center does hereby accept such appointment and agrees to perform all functions and obligations on its part to be performed under this Agreement in compliance with this Agreement and all,applicable laws, ordinances and regulations now in effect or hereafter enacted. Center agrees and understands that the Pueblo Mountain Park is under the general administration of the Director of Parks and Recreation (the "Director ") and in order to comply with Sections 13 -2 and 13 -3 of the City Charter, Center shall meet with the Director at least semi - annually to review Center's operation, maintenance and administration of the Pueblo Mountain Park. 2. City does hereby delegate to Center the authority to perform, and Center agrees that it shall perform the following functions: (a) operate the Pueblo Mountain Park as a public park for the use and benefit of the City and general public; (b) develop, implement, coordinate, and provide a variety of programs which allow students, as well as families and adults, the opportunity to learn about and enjoy the natural and cultural history of the Pueblo Mountain Park; (c) develop in the Lodge an environmental education center providing multi - day environmental education programs for area schools and groups; (d) develop and implement interpretive media at the Lodge and other locations in the Pueblo Mountain Park which will increase the awareness and appropriateness of the uses of the Pueblo Mountain Park; (e) develop and implement programs for and to otherwise encourage individuals and groups to use the Pueblo Mountain Park; (f) develop, implement and coordinate the public use of the Lodge as a Retreat Lodge; (g) designate the uses to which the Pueblo Mountain Park may be put including the authority to schedule all events at the Pueblo Mountain Park by individuals or groups, and conducting educational classes, lectures, and other public functions, subject to the reserved usage of the Lodge, Pavilion and Archery Range listed on attached Exhibit "C" and further subject to modification by Resolution of the City Council; (h) establish and charge reasonable fees for the use of the Pueblo Mountain Park or any portion thereof, subject to modification by Resolution of the City Council; (i) obtain and/or continue in effect all licenses and permits necessary or required for the operation of the Pueblo Mountain Park and all improvements and facilities located thereon; and 0) solicit financial contributions and grants from the general public, private foundations and other sources. 3. Center shall at its expense furnish and provide all: personnel; supplies, furniture and equipment in addition to City's furniture, equipment, tools and supplies described in attached Exhibit "D" (herein the "City's Personal Property "); transportation; telephone, internet access and fax; propane and utilities, reasonably required and necessary for Center to perform its -2- duties hereunder and to develop, promote, operate, manage and maintain the Pueblo Mountain Park. City's Personal Property will be used by Center to develop, promote, operate, manage and maintain the Pueblo Mountain Park. City will replace City's Personal Property as the need arises in accordance with budgetary procedures. City will cooperate in providing Center the use of large City owned equipment with authorized operators when needed. City will permit Center to have City's and Center's motor vehicles and trucks repaired and maintained by City's Fleet Maintenance Department at Center's cost. City's two full -time caretakers will be made available when needed through November 30, 2008 at an hourly charge of $23.35 to help train Center staff and facilitate transition of management of the Pueblo Mountain Park to Center. 4. The Initial Term of the Agreement is five (5) years commencing on July 1, 2008 ( "Commencement Date ") and ending five (5) years thereafter, unless sooner terminated as herein provided. If not in default hereunder, Center shall have the right and option to extend the Initial Term for an additional period of five (5) years ("Extended Tern ") upon the same covenants and conditions except that Center shall not have the right and option to extend the Extended Term. If Center desires to extend the Initial Term, Center shall deliver to City written notice of its exercise of the option to extend no later than six (6) months prior to the end of the Initial Term. If Center fails to timely deliver the notice to City, the right and obligation to extend the Initial Tenn hereby granted shall cease and terminate. 5. Center may extend the tern of this Agreement after the expiration of the Extended Term for two (2) successive periods of five (5) years each, upon covenants and conditions mutually agreeable to Center and City ( "Mutually Extended Term "). If Center and City are unable for any reason to agree upon the covenants and conditions of a Mutually Extended Term on or before one hundred twenty (120) days prior to the expiration of the then current Term, either the Extended Term or the first Mutually Extended Term, whichever the case may be, this Agreement shall terminate at the expiration of such current Term. 6. It is the intent of the Parties that the Pueblo Mountain Park be maintained and operated by Center for the recreational use and enjoyment of the citizens of the City and the general public. In furtherance of this intent, the City will annually budget and appropriate such sums as the City Council may in its sole and absolute discretion deem appropriate or advisable to develop, promote, operate, manage and maintain the Pueblo Mountain Park and to fulfill City's obligation under this Agreement. Funds appropriated annually by the City to the Center shall be expended by the Center for purposes indicated in the approved budget and consistent with this Agreement. Center shall maintain proper books of account of all its monies, properties, City's Personal Property and City's Buildings And Facilities, shall annually make a report to the City Council and City Manager of its acts and expenditures, and shall submit itself and its books and records to whatever inspection, audit or check the City Council or City Manager may desire from time to time. All membership dues, fees, cash donations, in -kind donations and activity fees and charges received by Center shall be the separate property of Center and shall be used exclusively by Center, unless such expenditures are inconsistent with the duties and obligations of Center toward the donors of such gifts, bequests, endowments or devises, for (a) meeting the mission of Center as determined by its Board of Directors, and (b) the operation, management and -3- maintenance of the Pueblo Mountain Park for the benefit of the citizens of the City and the general public, and such revenues and expenditures thereof shall be included in Center's annual report to the City. Funds received by Center in excess of receipts shown on approved budget will not result in a reduction in City's appropriated and approved funds for Center. 7. Each July, Center shall submit to the City Manager a proposed Pueblo Mountain Park budget for the following year. Each proposed Pueblo Mountain Park budget shall include all projected and available funds, including unexpended balances from prior years, and revenues as well as anticipated expenditures and conform to City's budget procedures. 8. Upon and after Commencement Date, Center shall have the use of the City's Buildings And Facilities and City's Personal Property. 9. This Agreement shall terminate upon the occurrence of any one of the following events: (a) Mutual consent of the parties. (b) If either party is in default hereunder, the non - defaulting parry may give written notice describing the default to the defaulting party. If the defaulting party does not correct the default within thirty (30) days after receipt of said notice, or if the default cannot be corrected within said 30 -day period and the defaulting party fails to commence action to correct the default within the 30 -day period or commences action to cure the default within the 30 -day period and thereafter fails to diligently pursue corrective action to completion, the non - defaulting party may terminate this Agreement upon an additional ten (10) days notice given to the defaulting party. Upon termination of the Agreement as above provided, the parties shall be released from all future obligations hereunder and Center shall peacefully surrender and deliver possession of the Pueblo Mountain Park including, without limitation, City's Buildings And Facilities and City's Personal Property to the City. 10. Center shall, from Commencement Date and during the effective period of the Agreement, at its expense, maintain the Pueblo Mountain Park and all improvements and systems therein including, without limitation, City's Buildings And Facilities and City's Personal Property, in good, clean, safe condition, appearance and repair. City shall not be responsible for any repairs or maintenance to Pueblo Mountain Park or its improvements or systems including, without limitation, City's Buildings And Facilities and City's Personal Property, provided, however, that City will maintain the exterior of the Lodge, Pavilion, and the two caretaker residences, provided further, however, that if the Lodge, Pavilion or any of the caretaker residences are damaged or destroyed by any act or casualty, City, in its sole discretion, without any obligation to do so, may or may not repair or rebuild same. Center shall not conduct any waste on or within the Pueblo Mountain Park or any improvements thereon and shall comply with all laws, ordinances and regulations affecting Center's use of the Pueblo Mountain Park, -4- and all activities conducted thereon. 11. From Commencement Date and during the effective period of this Agreement, Center will provide water services to the Pueblo Mountain Park and its facilities by and through City's water distribution system existing on date hereof. City shall have no obligation to increase, maintain, repair, replace or upgrade City's water supply and/or water distribution system or any part thereof, provided, that City will as deemed appropriate by the City Council pursue and fund options for provision of water to the Pueblo Mountain Park. Center shall be responsible for the maintenance, repair, replacement, and upgrading, if required, of the existing individual sewer disposal systems. City shall not be responsible for the interruption or failure of any such service or other utilities regardless of the cause of such interruption or failure. 12. Center shall not make any alteration, improvement or remodeling to the Pueblo Mountain Park or any improvements thereon without adequate funds therefor and City's prior written consent, which consent shall not be unreasonably withheld. All approved alterations, improvements, and remodeling to the Pueblo Mountain Park or any improvement thereon shall be at Center's expense and become part of the Pueblo Mountain Park and shall be designed, constructed and installed in compliance with all applicable laws, codes and ordinances including, without limitation, the U.S. Secretary of Interior's Standards for the Treatment of Historic Properties. Center shall not cause or allow any mechanics' liens to be filed against the Pueblo Mountain Park or any part thereof and Center shall cause any such mechanics' liens to be discharged and released. 13. City shall maintain its present levels of property insurance coverage relating to the insurable buildings at the Pueblo Mountain Park. Center shall maintain at its expense insurance coverage for its property. To the extent permitted under their respective insurance or self - insurance program, the parties mutually waive any right of subrogation either party or its insurers may acquire as against the other party, its officers or employees for any insured or covered loss. 14. Center shall indemnify and hold City, its officers, employees and agents harmless from and defend them against any and all claims of liability, including cost of defense and reasonable attorney fees, for any injury or damage to Center or its officers, employees or agents, or to any third person or to any property caused or occurring by reason of Center's use or occupancy of the Pueblo Mountain Park including, without limitation, City's Buildings And Facilities and City's Personal Property, or the negligent acts or omissions of Center, its officers, agents or employees. Center shall secure and maintain, at its expense, commercial general liability insurance, including products liability and contractual coverage, against claims for personal injury, death or property damage covering Center's use of and activities conducted in Pueblo Mountain Park and comprehensive automobile liability insurance, for the protection of Center and City and their respective officers and employees with coverage in amounts of not less than the amounts specified in C.R.S. §24 -10 -110, or as same may be subsequently amended and naming the City as an additional insured. Center shall annually furnish the Director proof of such insurance. -5- 15. If the presence of Hazardous Materials in or upon the Pueblo Mountain Park or any part thereof is caused or permitted by Center or the activities conducted thereon by Center results in contamination of the Pueblo Mountain Park or any part thereof, then Center shall be responsible to remove, clean up and remediate such contamination and Center shall indemnify, defend and hold the City harmless from all claims, judgments, damages, penalties, fines, costs, liabilities or losses, including all expenses and reasonable attorney fees which arise, directly or indirectly, during or after the expiration or termination of this Agreement as a result of such contamination or the failure of Center to comply with applicable federal, state and local environmental and hazardous waste laws, ordinances and regulations. The term "Hazardous Material" includes, without limitation, any material or substance that is (i) defined or designated as a "hazardous substance," "hazardous waste" or a "regulated substance" under applicable state or federal law or regulation, (ii) petroleum products, or (iii) asbestos. 16. CENTER ACKNOWLEDGES AND AGREES THAT CITY HAS NOT MADE NOR HEREIN MAKES ANY WARRANTIES OR REPRESENTATIONS WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, OR WITH RESPECT TO THE QUALITY, QUANTITY OR CONDITION OF THE PUEBLO MOUNTAIN PARK OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, CITY'S BUILDINGS AND FACILITIES AND CITY'S PERSONAL PROPERTY, ENVIRONMENTAL OR OTHERWISE. CENTER ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO INSPECT THE PUEBLO MOUNTAIN PARK, CITY'S BUILDINGS AND FACILITIES AND CITY'S PERSONAL PROPERTY, AND AGREES TO TAKE POSSESSION AND USE THEREOF ON COMMENCEMENT DATE IN THEIR THEN CONDITION "AS IS AND WITH ALL ITS FAULTS." 17. Center shall not in employment or application for employment or the use or operation of the Pueblo Mountain Park or activities or services conducted or performed thereon discriminate against any person on the basis of race, color, creed, national origin, disability, sex, marital status, sexual preference, or age. 18. City shall at all times have access without restriction to all parts of the Pueblo Mountain Park including, without limitation, City's Buildings And Facilities and City's Personal Property. Center is authorized to enforce City's ordinances, rules and regulations (except those criminal in nature) affecting the use of the Pueblo Mountain Park as may be necessary to accomplish an orderly operation in the interest of public health, welfare and safety. 19. No term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any immunities, rights, benefits or protection provided or available to City under applicable law including, without limitation, those provided and available to City and its officers and employees under the Colorado Governmental Immunity Act, C.R.S. §24 -10- 101, et seq., as amended or as maybe amended. The parties understand and agree that the City's and its officers', agents' and employees' liability for claims for injury to persons or property is controlled and limited by the provisions of C.R.S. §24 -10 -101, et seq., as amended or as may be -6- amended. All provisions of this Agreement, whether or not incorporated herein by reference, shall be controlled, limited and otherwise modified so as to limit any liability of the City, its officers, agents and employees to the above cited law. 20. Nothing in this Agreement, expressed or implied, is intended nor shall be construed to confer upon, or give to, any person or entity other than the City or Center any right, remedy, or claim under or by reason of this Agreement or any covenant, condition or provision thereof, and all covenants, conditions, provisions and agreements contained in this Agreement by or on behalf of City or Center shall be for the exclusive and sole benefit of City and Center. 21. In the event of any litigation arising out of this Agreement, the exclusive venue for such litigation shall be Pueblo County, Colorado and the court shall award to the prevailing party all costs and expenses including reasonable expert witness and attorney fees. 22. The persons signing this Agreement on behalf of Center, represent and warrant that they and Center are authorized to execute and deliver this Agreement in the name of Center and this Agreement constitutes the valid and legally binding obligation of Center and is enforceable against Center in accordance with its terms. 23. Time is of the essence hereof. This Agreement shall be construed in accordance with Colorado law and be binding upon and inure to the benefit of the parties and their respective successors. 24. This Agreement constitutes the entire understanding between the parties and supersedes all prior statements, representations, warranties, or agreements between the parties or any of their officers, agents or employees covering the subject matter hereof. No prior statement, representation, warranty or agreement not expressly set forth herein shall be binding upon either party. No amendment, modification or change to this Agreement shall be effective unless in writing, approved by Resolution of the City Council of City, and signed by all of the parties hereto. 25. Center shall not assign this Agreement or any interest herein nor sublease the Pueblo Mountain Park or any part thereof except for short -term use. Any attempted assignment or subletting shall be void and unenforceable. 26. Any notice or other communication under this Agreement by any party shall be in writing and sufficiently given if delivered in person or if mailed by certified mail, postage prepaid, addressed: (a) If to City: Director of Parks and Recreation, City Park, 800 Goodnight, Pueblo, Colorado, 81005; (b) If to Center: Director, Mountain Park Environmental Association, P. O. Box 99, Beulah, Colorado, 81023, -7- or at such other address as a party may, from time to time, designate in writing given as herein provided. 27. If any provisions of this Agreement is declared invalid or unenforceable by a court of competent jurisdiction, the unaffected provisions hereof shall remain in full force and effect. 28. CENTER SHALL PERFORM ITS DUTIES HEREUNDER AS AN INDEPENDENT CONTRACTOR AND NOT AS AN EMPLOYEE OR AGENT OF THE CITY. NEITHER THE CENTER NOR ANY AGENT OR EMPLOYEE OF THE CENTER SHALL BE, OR SHALL BE DEEMED TO BE, AN AGENT OR EMPLOYEE OF THE CITY. THE CENTER SHALL PAY WHEN DUE ALL REQUIRED EMPLOYMENT TAXES AND INCOME TAX ON ANY MONIES PAID PURSUANT TO THIS AGREEMENT. THE CENTER ACKNOWLEDGES THAT THE CENTER AND ITS EMPLOYEES ARE NOT ENTITLED TO UNEMPLOYMENT OR WORKERS' COMPENSATION INSURANCE BENEFITS UNLESS THE CENTER OR A THIRD PARTY PROVIDES SUCH COVERAGE AND THAT THE CITY DOES NOT PAY FOR OR OTHERWISE PROVIDE SUCH COVERAGE. THE CENTER SHALL HAVE NO AUTHORIZATION, EXPRESS OR IMPLIED, TO BIND THE CITY TO ANY AGREEMENT, LIABILITY, OR UNDERSTANDING WHATSOEVER. THE CENTER SHALL PROVIDE AND KEEP IN FORCE WORKERS' COMPENSATION INSURANCE ENDORSED TO WAIVE SUBROGATION AGAINST THE CITY (AND SHOW PROOF OF SUCH INSURANCE) AND UNEMPLOYMENT COMPENSATION INSURANCE IN AMOUNTS REQUIRED BY LAW, AND SHALL BE SOLELY RESPONSIBLE FOR THE ACTS OF THE CENTER, ITS EMPLOYEES AND AGENTS. 29. The Management Agreement dated March 27, 2000 between the City and Center as Assignee of Greenway and Nature Center of Pueblo, Inc. relating to the main caretaker's building located in Pueblo Mountain Park and the Management Agreement dated October 23, 2006 between the City and Center relating to the Horseshoe Lodge located in the Pueblo Mountain Park shall terminate upon Commencement Date and City and Center shall be released from all future obligations thereunder. 30. Notwithstanding anything herein to the contrary, the financial obligations of City under this Agreement payable after the current fiscal year are contingent upon and subject to funds being budgeted, appropriated and otherwise made available therefor. Failure of the City Council to budget and appropriate funds for the operation and maintenance of the Pueblo Mountain Park shall not constitute a breach of this Agreement nor give rise to or result in any claim for damages or otherwise against the City. Executed at Pueblo, Colorado as of the day and year first above written. -8- [SEAL].__. ATTEST- City; erk APPROVED AS TO FORM: City [SEAL] ATTEST: �Sgcretary PUEBLO, A MUNICIPAL C By Vice President of the City CounciY MOUNTAIN PARK ENVIRONMENTAL ASSOCIATION By 10Q President and Director ME EXHIBIT A The following described real property located in Pueblo County, Colorado: (a) Section 16, except the SE 1/4 of the SE 1/4 thereof, Township 23 South, Range 66 West of the 6th Principal Meridian, containing 600 acres, more or less. (b) 8.034 acres more or less conveyed to Pueblo, a municipal corporation, by deed from Lottie B. Slattery recorded May 24, 1943 as Instrument No. 702705 in Book 947, Page 583 in the records of the Pueblo County Clerk and Recorder. (c) .08 acres more or less conveyed t the City of Pueblo by deed from Wesley T. Klipfel recorded May 21, 1952 as Instrument No. 913261 in Book 1183, Page 356 in the records of the Pueblo County Clerk and Recorder. Subject to easements, rights -of -way, covenants, restrictions and reservations of record, apparent easements and rights -of -way, and lease between the City of Pueblo and Pueblo Zoological Society relating to farm land located in Pueblo Mountain Park. -10- PUEBLO MOUNTAIN PARK BUILDINGS 1937 25500156 GARAGE - UPPER $230.95 1937 25500099 GARAGE/FOOLROOM $1,102.15 1937. 25500029 OIL STORAGE $212.55 1937 25500104RESIDENCE - UPPER $3,002.10 1937 25500100 SHOP $797.75 1937 25500155 STOGE RA .._ $204.70 1937 25500154' STORAGE ._ $262.40 1937 25500101 STORAGE $2,178.10 1937 25500151'STO RAGE -LOG CABIN $157.45 1937 25500152 STORAGE - ROOT CELLAR $344.15 1937 25500153;STORAGE SHED $230.95! 1937 25500201WELLHOUSE $953.05; 1939 2550604 0 LODGE 98 $42,538.35 1939 2550003ff PAV $9,906.40, 1939; 25500103 RESIDENCE - CARETAKER $4,807.55. 1939 25500109: TREATMENT TANK STRUCTURE $2,576.95 1939 25500204 TREATMENT TANK STRUCTURE $2,608.45 1955 25500102 STORAGE $2,060.50 1957 25500206 BALLFIELD ARENA OFFICE $837.62 1978 25500205;ARCHERY SHED & SHELTER $6,422.06; 1979 25500157 STORAGE -UPPER $2,114.17 2004! FIRE TOWER $51,981.39 2004 LODGE - IMPROVEMENTS $118,279.92 $253,809.66 Exhibit "B" — PUEBLO MOUNTAIN PARK HORSESHOE LODGE PAVILION RENTALS RENTALS 2007 2007 May 6 — 4 hours May 10— 11— 1 night Feb 3 — all day May 17 — 18 — 1 night March 23 — 4 hours May 24 — 25 —1 night April 7 — 4 hours May 29 — 30 —1 night April 8 — all day June 1 -3 — 2 nights May 6 — 4 hours June 8 —10 — 2 nights May 16 — 8 hours June 14 —15 —1 night May 20 — 4 hours June 16 — 5 hours May 25 — 4 hours June 21 — 22 — 1 night May 28 — 5.5 hours July 13 — 15 — 2 night June 23 — 4 hours July 19 — 1 night July 7 — all day July 20 — 1 night July 9, 16, 30 — 8.5 hours July 30 — 31 — 1 night July 14 — 4 hours August 3 — 5 — 2 nights July 15 — 4 hours August 6 —1 night July 21— all day August 7 —1 night July 22 — all day July 28 — 5 hours August 1 — 7.5 hours August 3 — all day August 4 — all day August 6 — 8.5 hours August 11— 4 hours August 18 — all day August 25 — 5 hours Sept. 16 —all day Sept. 23 — all day Oct. 20 — outside of pavilion Overnight December 20 — 6.45 hours December 22 — 4 hours 2008 March 23 — all day May 17 — all day June 1 — all day June 7 — all day June 14 — all day June 15 — all day June 21 — all day June 27 — 28 — all day both days Exhibit "C" _ July 19 — all day July 20 — 4 hours August 2 — all day December 20 — 4 hours Archery Range May 5, 6 — all day and overnight June 2 — 3 — all day and overnight July 7, 8 — all day and overnight July 13, 14, 15 — all day and overnight Pueblo Mountain Park _ Inventory of Bualdin s E ui ment, Tools, &. Su s __. Vehicles & Equipment 2008 ford F250 4 X 4 Super Duty Truck # 221-080 1 2004 Case EH JX1070C 4 X 4 Tractor/Loader # 221 1 1973 Chevy C60 2 Ton Dump Truck # 221-499 1 1988 Custom Deluxe 30 Trash Truck # 221 -884 1 1986 Chevy Custom Deluxe 301 Ton Dump # 221-815 1 Kubota L175 Tractor Mower # 221-152 1 Rhino 950 Hydraulic 3 point Blade Asset # 24791 1 3 Point Landscape Rake w / Box Blade & Scarfires 1 3 Point Blade 1 3 Point Auger w /'9" Bit & 12" Bit 1 Hanson 100 - 150 Gallon Weed Sprayer on Trailer 1 Old Harrow 1 Vermeer Log S litter 1 Log Skid 1 2008 Meyer Snow Plow 1 "v' Drag1 Box Drag1 Fire Extingt&hers in Following Vehicles 221-080 1 221-499 1 221-884 1 Fvhihi4 n° Pueblo Mountain Park Inventory of Buildin s E ui , went, Tools, & Supplies- Lower Garage / ToolrOOm Misc, Shovels, Flat & Spade Type 12 Garden Hoe 1 Garden Rakes, Mulch Rakes, 4 Leaf Rakes 2 Pitch Forks 4 Brooms ( Gars e & Floor) 4 Assorted Loppers. 4 Bolt Cutters 2 Post Hole Digger 1 Fence Stretcher 1 Post Driver 1 — Sledge Hammer 1 As Picks Maddoks, Numerous sizes, and types Ikg Gaffs 2 Axe 1 Boomers 2 Rock Bits, Chisels Assorted Concrete Fools 2 Gallon Weed Sprayers 3 Portable Air Tank 1 John Deere Push- Mower 1 Yard Machine 21" Push Mower 1 Briggs & Stratton 11 Horse Berkley Water Pump1 Briggs & Stratton 7 Horse Generator 1 Craftsman 16 Gallen. Wet/D Shop Vac &Attachments 1 Garden. Hoses 3 Office Desk 1 Roll Black Plastic 1 Wood 6'Step Ladder 1 Aluminum 8'Step Ladder 1 Ballfield Drag/ Screen 1 Seed / Fertilizer Spreader 1 Wheel Barrow 1 sorted Handles Spud Bars (Assorted Sizes) 3 Fire Hoses & Nozzles Water Pump Hoses 2 Pueblo Mountain Park Inventory of Buildings,Equipwent, Tools, & Supplies Shop Stihl 025 Chainsaw I Sti 034 Chainsaw 1 StihI 036 Chainsaw 1 Stihl Leaf Blower 1 Craftsman 3 Drawer Tool Chest 1 IBlack & Decker Radial Arm Saw I I Sta- Rite Water Pump 1 IBoice Crane Drill Press I Set of Pittsburgh Wrenches 3/8" - I I-IT' 1 Set. of Pittsburgh Sockets 1/4P, 3/8",1/2" Drive, W Wrenches 1 4" Chicago Electric Hand Grinder 1 Chicago 18 volt Cordless Drill 1 Craftsman Electric Belt Sander 1 Skil Electric Jigsaw I 7 1/4' Skilsaw Electric Circular Saw 1 Milwaukee Bench Grinder 1 Bench Vise 1 Craftsman 3/8" Electric Drill 1 I-Comp - Lub Air Compressor Model VWD 206 1 [Logging chains 2 120 Lb Fire Extinguisher 1 Misc. Hand Tools Grease Guns Hammers Screwdrivers Crow Bars Files Extension Cords Levels Square Drill Bits lHand Saws C-Cla & Pipe Wrenches Fi - pe Cutter Open End & Box End Wrenches Pliers Tie Down Straps Assortment of Bolts & Nuts Pueblo Mountain Park Inventory of BuRdings,Equipment, Tools, & Supplies Storage # 1 Used Grills ( good shape) g Old Style Grills ( New) 6 New S le Grills ( New) g Grill Posts 20-30 Old Jacobson Gas Push Mowers 2 Old Hoffco Gas Trimmers 2 Pueblo Mountain Park Inventory of Buildin s,E ui went, Tools, & Supplies "Lean -To" by Barn 1500 Gallon Ploy. Water Tank 1 Pueblo Mountain Park Inventory of Buildin s,E ui went, Tools, & Supplies Barn Wooden Cabinets 14 Wooden Benches 10 Heavy Duty Wooden Extension Ladder 1 Old Conoco Gas Pump 1 Old Push Reel Lawn Mower 1 Wheel Barrow 1 Pressure Tanks 2 Archery Target Bales 4 Misc. used PVC Pipe, .and Galvanized Pipe Misc. Lumber Old e Culverts (bolt together bundles) 21 5 Gallon Gas Cans 3 5 Gallon Can Plastic Roof Cement 3 5 Gallon Can Aluminum Roof Coating 2 Assorted Containers of Nails Topside. Restroom Cleaner( 55. Gallon Drum) 5 Partial Drum of BottomSide 1 55 Gallon Barrel Stands 1 Misc. Chain Set of Tire Chains for 221 - 499 1 Set of Tire Chains for Old International Tractor 1 Misc. Old Outdated Playground Parts Roll of Erosion Control Mesh 1 Assorted Baracades & Signage 1/2 Barrel of Boiled Linseed ? 1 Pueblo Mountain Park Inventory of Buildings,Equipment, Tools, & Supplies Storage - Oil Shed Handy Man Jack 1 Logger's Hook 1 Stihl Gas Trimmers 2 Grease Can w/ Pump 1 Jack Stands ( set) 1 Misc. Fluids & Lubricants - ie. Antifreeze, Oil, Grease Fire Extinguisher 1 Pueblo Mountain Park Inventory of Buildings, E ui ment, Tools, & Supplies. Upper Caretaker's Residence Office Desk 1 4 Drawer File Cabinet w / Contents 2 5' Dia. Table 1 Small Kenmore Apartment Sized Refrigerator 1 General Electric Stove 1 Old Clothes Washer 1 Old Clothes Dryer - 1 Folding Chairs 2 Old Office Chairs 2 Fire Extinguisher 1 Short Metal Cabinet for Copier 1 Short Metal Cabinet for Copier 1 Assorted Cleaning Products MOP Bucket w / Wringer 1 Savin 9013 copier 1 500 Gallon Propane Tank 1. �' - - J Pueblo Mountain Park - Invento ry of Bui1�s,Equipment, Tools, & Supplies Upper Compound Outside Restroom Bases 4 Outside Restroom Shields 4 Outside Restroom Hole Liners 5 Outside Restroom Walls 3 Old Chain Link Fencing (Misc. Sizes) "V,. Drag1 Misc. Pipe Old Homemade Trailer w/. Hose reel 1 Pueblo Mountain Park Inventory of Buildin s,E ui went, Tools, & Supplies Throughout Park Picnic Tables: Metal Framed 58 Fiberglass/Metal Framed 12 Trash Barrel Bases 56 Grills wBases 34 Fire Pits: Rock 14 Concrete 21 Buildings and Structures 32 Outdoor Restrowns: Mens 12 Women 12 Pueblo Mountain Park I Inve ntory of Buildings,Equipment, Tools., & Sw Pueblo Mountain Park Inventory of Buildings,Equipment, Tools, & Supplies Water Treat ment Plant / Resivoira IPumps 2 Test Kit RP Filter System I 1 24' Aluminum Extension Ladder 1 Test meters with Filter Bottles 1 2 Pueblo Mountain Park Inventory of Buildin s,E ui went, Tools, & Supplies Lower Caretaker's Residence 7.5' Pine Benches 6 (Current M.P.E.C.) IFull Size Refrigerator 1 Office Desk 1 Pueblo Mountain Park Inventory of Buildings,Equipment, Tools, & Supplies Lower Compound 500 Gallon Diesel Tank w/ Stand 1 500 Gallon Gas Tank w/Pump 1 Misc. Picnic Table Parts 16' Wooden Ladder 1 16' Aluminum Extension Ladder 1 300 Gallon Propane Tank 1 500 Gallon Propane Tank 1 100 Lb Propane Tanks 3 Management Agreement between City of Pueblo and Mountain Park Environmental Association List of Equipment and furniture owned by the City and to be located in the lodge 1. Thirteen two -door wood cabinets (dimensions; 3g "x 70.5 "x38 ") 2. Eleven Fire Extinguishers (7 upstairs, 4 downstairs) 3. Two Bathroom tables painted white 4. Fourteen oak church pews (dimensions: 9' long) 5. One long wood bench with built -in seat cabinets 6. Four tables upstairs, three brown, one green & yellow (dimensions: 8'x27") 7. Eight pine wood benches upstairs (dimensions; 7.5' long) 8. Hospital Bed & Cabinet (circa 1940) 9. One office desk and chair, wood construction (dimensions: 52" x 3a ') 10. Twenty dining tables downstairs, pine, brown color (dimensions: 8'x 27') 11. Thirty -six pine wood benches downstairs (dimensions: 7.5' long) 12. Two gas stoves with ten burners cub, two ovens each 13. One kitchen table, white with pine top (dimensions: 10' x Y) 14. One kitchen preparation table, pine, brown (dimensions: 7' x 2') 15. Various kitchen utensils and implements 16. Walk -in Coop 17. Small Kenmore freezer, City ID #22670 18. Yellow Glass Display Cabinet 19. Red metal outdoor drinking fountain 20. Three long wood picnic tables for outdoor use 21. Upright Piano. 22. Pool Table and accessories. 23. Six pine wood benches currently at MPEC office at caretaker building (dimensions: 7.5' long) 24. Extra Lodge items (e.g., doors, toilets, lamps, etc.) to be kept in crawl space for long -term storage for Lodge use