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Home My WebLink About07954ORDINANCE NO. 7954 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO SCHOOL DISTRICT 60 RELATING TO PARK MAINTENANCE AND CONVEYANCE OF LAND INTENDED TO BE USED FOR A FIRE STATION SITE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1 The Agreement dated as of November 24, 2008 by and between Pueblo, a municipal corporation and Pueblo School District 60 relating to park maintenance and conveyance of land intended to be used for a fire station site, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. The President of the City Council is authorized to execute the Agreement in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. .qFr.TinN 9 This Ordinance shall become effective upon final passage and approval. BY: Michael Occhiato Councilperson PRt i I I T'�l rtw d]UH� ATTESTED aY { CLERK INTRODUCED: December 8. 2008 PASSED AND APPROVED: December 22, 2008 D O ED A e Background Paper for Proposed ORDINANCE DATE: December 8, 2008 AGENDA ITEM # 44 DEPARTMENT: Law Department TITLE AN ORDINANCE APPROVING AN AGREEMENT BETWEEN PUEBLO, A MUNICIPAL CORPORATION AND PUEBLO SCHOOL DISTRICT 60 RELATING TO PARK MAINTENANCE AND CONVEYANCE OF LAND INTENDED TO BE USED FOR A FIRE STATION SITE AND AUTHORIZING THE PRESIDENT OF THE CITY COUNCIL TO EXECUTE SAME ISSUE Should City Council approve an agreement with Pueblo School District 60 relating to park maintenance and conveyance of land intended to be used for a fire station site? RECOMMENDATION City staff recommends approval of the Agreement. BACKGROUND Certain City parks described in the Agreement are located on land owned by Pueblo School District 60 ( "District "). For a period ending December 31, 2018, City will maintain parks consisting of 53.2 acres and District will maintain Parks consisting of 22.94 acres. All financial obligations are subject to annual appropriation. Public use of parks maintained by City will be subject to City's rules and regulations. Public use of parks maintained by the District will be subject to District's rules and regulations. District will convey approximately 3 acres of land to City, which City intends to use as a fire station site. FINANCIAL IMPACT See Background. AGREEMENT THIS AGREEMENT (the "Agreement ") entered into as of November 24, 2008 by and between the City of Pueblo, a municipal corporation (the "City ") and Pueblo School District 60, a school district organized and existing under the laws of the State of Colorado (the "District "), WITNESSETH: WHEREAS, over the years, City and District have cooperated in the use and maintenance of certain District land for public park and recreational purposes ( "Park Purposes "), and WHEREAS, through negotiations City and District have agreed with respect to the continued use and maintenance of certain District land for Park Purposes; and WHEREAS, in conjunction with such negotiations, District has agreed to convey title to the real property owned by District and described in the Deed attached hereto. NOW, THEREFORE, In consideration of the foregoing, the covenants contained herein, and other good and valuable consideration, District and City agree as follows: 1. During the period from date hereof to December 31, 2018, District authorizes City to and City, at its expense, but subject to and contingent upon funds for such purpose being appropriated, budgeted, and otherwise made available, shall use, occupy and maintain in the same or better condition as existed on date hereof for Park Purposes, the following District land and all improvements located thereon including, without limitation, recreational equipment and sprinkling systems, subject, however, to City's rules and regulations relating to the use thereof: 1. Corwin School Park 5.19 acres 2. Eva Baca School Park 5.00 acres 3. Sunset School Park 4.40 acres 4. Leidigh School Park Site 7.69 acres 5. Northridge School Park Site 7.81 acres 6. University School Park Site 6.40 acres 7. Bessemer School Park 1.00 acres 8. Goodnight School Park 5.30 acres 9. Heaton School Park 5.24 acres 10. Somerlid School Park 1.00 acres 11. Spann School Park 4.17 acres 2. During the period from date hereof to December 31, 2018, District, at its expense, but subject to and conditioned upon funds for such purpose being appropriated, budgeted, and otherwise made available, shall use, occupy and maintain in the same or better condition as existed on date hereof for Park Purposes, the following District lands and all improvements located thereof, including, without limitation, recreational equipment and sprinkling systems, v' subject, however, to District's rules and regulations relating to the use thereof: 1. Beulah Heights School Park 2.5 acres 2. Carlile School Park 2.5 acres 3. Haaff School Park 5.0 acres 4. Hellbeck School Park 5.2 acres 5. Irving School Park 2.0 acres 6. South Park School Park 5.74 acres 3. Within ten (10) days after date hereof, District shall execute, acknowledge and deliver to City the Deed attached hereto and possession of the property therein described. District represents and warrants to City that to the knowledge of District (a) the property and its present use do not violate any provision of any applicable federal or state environmental or pollution control laws or regulations, and (b) no person or entity other than the District has any claim or right to possession of the property. City intends to use the property for a fire station location. 4. For purposes of this Agreement, the District land described in paragraph I hereof shall be referred to as "City Park Land," the District land described in paragraph 2 hereof shall be referred to as "District Park Land," and City Park Land and District Park Land shall collectively be referred to as "Park Land." 5. City shall not be responsible or liable for any injury to persons or damage to property occurring on or resulting from activities conducted on District Park Land from and after date hereof, and to the extent authorized by law, District shall indemnify, defend and save harmless City therefrom. 6. District shall not be responsible or liable for any injury to persons or damage to property occurring on or resulting from activities conducted on City Park Land from and after date hereof, and to the extent authorized by law, City shall indemnify, defend and save harmless District therefrom. 7. Neither City nor District shall discriminate against any person in the use of the Park Land because of sex, race, color, creed, age, marital status, national origin, ancestry or disability. 8. No term or provision of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, benefits, rights, protections, or any other provision of the Colorado Governmental Immunity Act, section 24 -10 -101, C.R.S., as amended, or any other law granting immunity to the City or District and /or their respective officers and employees. 9. This Agreement sets forth all understandings and agreements between City and District relating to the subject matter hereof. No modification or amendment to this Agreement shall be valid unless set forth in writing and approved by City and District. No verbal representation, agreement or understanding by any officer or employee of the City or District, either before or after execution of this Agreement, shall modify or amend any of the terms and provisions of this Agreement. 10. The provisions of this Agreement are for the benefit of City and District only, and no third party shall have any right or remedy hereunder or the right to enforce any provision of this Agreement. 11. If either party defaults in its obligations tinder this Agreement ( "Default "), the non - defaulting party may give written notice to the defaulting party specifying the Default ( "Notice "). If the Default is not corrected within thirty (30) days after date of the Notice, the Default shall be submitted to District's superintendent and City's City Manager for resolution. It' the Superintendent and City Manager are unable to resolve the Default within ninety (90) days after the date of the Notice, the non - defaulting party may fie an action in the Pueblo County District Court to enforce the defaulting party's obligations under this Agreement. Exclusive venue and jurisdiction for any action under this Agreement shall be in the Pueblo County District Court. 12. Any notice to be given under this Agreement may be given by personal service or by certified mail, postage prepaid, addressed: (a) if to City, City of Pueblo, 1 City Hall Place, Pueblo, Colorado, 81003, Attention: City Manager. (b) if to District, Pueblo School District 60, 315 West I I" Street, Pueblo, Colorado, 81003, Attention: Superintendent. Notice by mail shall be deemed given three business days after same is deposited in the U.S. mails. Executed at Pueblo, Colorado, the day and year first above written. CITY f By 1( President of the City Council [STEAL] Attest: _ _ City erk EB�HO DISTRICT 60 President df the Board 0Q [SEAL] Attest: ,�J�. J� GUV Secretary Approved as to form: City Att e ORD. NO. 7954 1795201 DEED 02/06/2009 03:44:11 PM Page: 1 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo County, Co ■III ABiJ 4 1111 DEED z THIS DEED, is dated cTa"ny_.a . and is made between Pueblo School District 60, a school district organized and existing under the laws of the State of Colorado, the "Grantor," of the County of Pueblo and State of Colorado, and Pueblo, a municipal corporation, the "Grantee," whose legal address is I City Hall Place, Pueblo, Colorado, 81003, of the County of Pueblo and State of Colorado. WITNESS, that the Grantor, for and in consideration of the sum of Ten Dollars and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, transfers and conveys unto the Grantee and the Grantee's successors forever, all the real property, together with any improvements thereon, located in the County of Pueblo and State of Colorado, described on the attached Exhibit "A" which is incorporated herein. Documentary Fee -None- Exempt. Consideration less than $500.00 Also known by street address as: None and assessor's schedule and parcel number: None TOGETHER with all and singular the hereditaments and appurtenances thereunto belonging, or in anywise appertaining, the reversions, remainders, rents, issues and profits thereof, and all the estate, right, title, interest, claim and demand whatsoever of the Grantor, either in law or equity, of, in and to the above bargained and described, with the appurtenances; TO HAVE AND TO HOLD the said premises above bargained and described, with the appurtenances, unto the Grantee and the Grantee's successors forever. IN WITNESS WHEREOF, the Grantor has executed this deed on the date set forth above. I, [SEAL] Attest APut � J Secretary S'L'ATE OF COLORADO ) ss. COUNTY OF PUEBLO ) LO SCHOOL DISTRICT 60 _ The foregoing instrument was acknowled ed before me this a�r'l tiy'of 2009 by � as Presid "enf "" and l�e ,r 1 _ l as Seer tary of Pueblo School District 60 Witness my hand and official seal. �jjb..o /, My commission expires: ( ko 1 11 Notary Public 3 1793201 DEED 02/06/2009 03:44:11 PM Page: 2 of 3 R 16.00 D 0.00 T 16.00 Gilbert Ortiz Clerk /Recorder, Pueblo county, Co EXHIBIT A LEGAL DESCRIPTION A parcel of land located in the SE ' /4 of Section 9, Township 21 South, Range 65 West of the 6' P.M. in the County of Pueblo and State of Colorado, being more particularly described as follows: Considering the line between the monument found at the intersection of Chautard Drive and Surfwood Lane said monument being a brass tack in a lead plug within a cast iron range box to the monument found westerly at the point of curvature of Surfwood Lane said monument being a brass tack in a lead plug within a cast iron range box to bear N. 88° 55' 29" W. and all bearings contained herein being relative thereto. This monument line defines a segment of the Surfwood Lane right -of -way that was established in Starlite Hills 5 °i Filing according to the recorded plat thereof as filed for record, Reception No. 508676 in the office of the Pueblo County Clerk and Recorder. This monument line is parallel and 10 feet south of the south line of Section 9, Township 21 South, Range 65 West. Commencing at the southeast corner of Block 37, Columbia Heights Subdivision according to the recorded plat thereof as filed for record, Reception No. 26544 in the office of the Pueblo County Clerk and Recorder said point also being the north right -of -way line of Surfwood Lane as platted in said Starlite Hills 5 Filing; thence N. 88° 55' 29" W. along the north right -of -way line of Surfwood Lane a distance of 26 feet more or less to the southeast corner of Lot 35, Block 37, said point also being on the north right -of -way line of Surfwood Lane and the Point of Beginning; thence N. 88° 55' 29" W. along the south line of Block 37 and Block 36 a distance of 565.39 feet; thence N. 52° 21' 33" E. a distance of 502.25 feet more or less to a point on the centerline of vacated Granite Avenue; thence S. 89° 52' 59" E. and along the centerline of vacated Granite Avenue a distance of 141.08 feet; thence S. 40 °54' 58" E. a distance of 39.77 feet more or less to the northeast corner of Lot 2 Block 37; thence S. 00° 05' 29" E. along the east lines of lot 2 and lot 35, a distance of 287.00 feet more or less to the Point of Beginning. Also those portions of vacated Grand Avenue, Granite Avenue and the vacated alley of Block 37 within said boundary described above. Said parcel contains 2.64 acres, more or less. I, Riley Monroe Bryan, being a licensed Land Surveyor in the State of Colorado, do hereby state that this land description and exhibit, being made a part hereof, was prepared under my responsible charge and are accurate to the best of my knowledge, information and belief. Riley MorE-6e Bryan Z) Colorado P.L.S. 31925 City of Pueblo, Bureau of Public Works October 30, 2008 R /ST // _ o L� •II' ' , EXHIBIT A SCALE 1" =100' 4 NORTH y/ E 5 CITY OF PUEBLO, BUREAU OF PUBLIC WORKS 10 -30 -2008 MIDDLE SCW00 I CA (VACATED I (7� LACATEID I I IOU IQ Z Z Q S 89° 52'59" E 141.08' ", f VCfVUC) SOUTH LINE ZI QI W Q Cn UI °I h. Q 9 D.0 P.O .C. 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