HomeMy WebLinkAbout3556RESOLUTION NO. 3556
A RESOLUTION APPROVING A MANAGEMENT AGREE-
MENT BETWEEN THE CITY OF PUEBLO, A MUNICI-
PAL CORPORATION AND THE COLORADO DIVISION
OF WILDLIFE, DEPARTMENT OF NATURAL RESOURCES,
RELATING TO A RECREATIONAL HUNTER SAFETY
RIFLE AND PISTOL RANGE FACILITY AND AUTHOR-
IZING THE PRESIDENT OF THE CITY COUNCIL TO
EXECUTE SAME.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PUEBLO,
COLORADO, that:
SECTION 1.
The Management Agreement dated May 24, 1975 between The
Colorado Division of Wildlife, Department of Natural Resources,
and Pueblo, a Municipal Corporation relating to a recreational
hunter safety rifle and pistol range facility to be developed
on a portion of the "Honor Farm" property, having been approved
as to form by the City Attorney is hereby approved.
SECTION 2.
The President of the City Council is hereby authorized and
directed to execute said Agreement for and on behalf of the City
and the City Clerk is directed to attest same and affix the Seal
of the City thereto.
ATTEST:
Cwt Cl rk
INTRODUCED May 12 ,. 1975
By RICHARD N. AtNGLUND
Councilman
APPROVED:
Division 34 02 00
Control 2140
No C
MANAGEMENT AGREEMENT
THIS Management Agreement made and entered into this 24th
day of May, 1975, by and between the City of Pueblo, State of
Colorado, a Municipal Corporation ( "City ") and The State of
Colorado, for the use and benefit of the Department of Natural
Resources, Division of Wildlife ( "Division "), WITNESSETH THAT,
WHEREAS, the City holds a lease from the State of Colorado
for certain real property located in Pueblo County, Colorado,
and
WHEREAS, the City is desirous of developing a portion of
the land as a recreational hunter safety rifle and pistol range
facility, and
WHEREAS, Division is an organization having knowledge of
hunter safety rifle and pistol range facilities and expertise
in the operation of such facilities,
NOW THEREFORE, for and in consideration of the mutual cove-
nants hereinafter provided the City and Division hereby enter
into a Management Agreement for the development, operation and
maintenance of a recreational hunter safety rifle and pistol
range facility on that property particularly described as:
Beginning at the point of intersection of
the north right of way line of the Denver
and Rio Grande Western Rail Road, and the
west line of section 30 T 20 S R 65 W;
then north along the west lines of section
30 and 19 T 20 S R 65 W to a point on the
west line of section 19 T 20 S R 65 W that
is 853.8 feet south from the west 1/4 cor-
ner of section 19 T 20 S R 65 W, then south-
easterly to a point on the west line of the
southeast 1/4 of section 19 T 20 S R 65 W
that is 1128.5 feet south from the northwest
corner of southeast 1/4 of section 19 T 20
S R 65 W; then south along the west line of
the southeast 1/4 of section 19 T 20 S R
65 W and the west line of the east 1/2 of
section 30 T 20 S R 65 W to the north right
of way line of the Denver and Rio Grande
Western Rail Road, then northwesterly along
the north right of way line of the Denver
and Rio Grande Western Rail Road to the point
of beginning.
I. MANAGEMENT AGREEMENT SUBJECT TO TERMS OF SUPERIOR LEASE.
This Management Agreement and all the terms, covenants,
and conditions herein and use of the premises are in all re-
spects subject and subordinate to the Lease between the City
as Lessee and the State of Colorado as Lessor, dated June 24,
1974, said Lease between the City and State of Colorado includ-
ing the property which is the subject of this Management Agree-
ment.
II. TERM OF THE MANAGEMENT AGREEMENT.
Division shall have and hold the premises without limita-
tion or interruption commencing at 12:00 o'clock noon on the lst
day of June, A.D. 1975 and terminating at 12:00 o'clock noon on
the 1st day of July, A.D. 1994, subject to prior termination as
provided in the said lease between the City and State of Colorado.
III. TERMINATION AND DEFAULT.
Section 3.1. Termination. This Management Agreement may
be terminated by mutual consent or by either party giving written
notice to the non- terminating party one (1) year prior to the
desired termination date.
Section 3.2. Default. If either party be in default here-
under, the non - defaulting party may give written notice specify-
ing the default to the defaulting party. If the defaulting
party shall not correct such default within thirty (30) days
after receipt of said notice or if said default cannot be cor-
rected within said thirty day period and the defaulting party
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shall fail to commence action to correct said default within
said thirty day period and thereafter diligently pursue such
corrective action, the non - defaulting party may upon an addition-
al ten (10) days notice terminate this Agreement and except for
accrued rights and liabilities hereunder upon termination each
party shall be relieved from all duty and obligation hereunder.
IV. UTILITIES.
Division agrees to pay for the extension of all utility ser-
vices to the premises and any and all utility bills (including
electricity, water, telephone and heat) it may incur during the
effective period of this Management Agreement and all taxes and
assessments, if any, levied against the premises, improvements,
furniture and equipment thereon.
V. CONTROL AND MAINTENANCE.
Section 5.1. Possession. The City covenants that insofar
as it is able it will put Division into exclusive control and
possession of the premises and Division shall have the quiet
enjoyment of the premises so long as there is compliance with
the covenants herein. Division warrants that it has been au-
thorized to execute this Agreement and is empowered to perform
same.
Section 5.2. Waste and Obeying Laws. Division shall not
conduct any undue waste on the premises and shall comply with
all valid laws, ordinances and regulations affecting its use of
the above - described premises and activity conducted thereon.
Division shall indemnify and save harmless, the City from all
claims for and penalties incurred by any act or omission of Divi-
sion in violation thereof.
Section 5.3. Insurance. Division agrees to provide at its
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expense, insurance for the premises and all activities conducted
thereon. The terms, provisions and amounts of liability and haz-
ard and extended coverage insurance shall be approved by the City
Attorney and name the City as a co- insured, as its interest may
appear. Division shall furnish copies of all policies for such
insurance to City.
Section 5.4. Liability for Injury or Damage. Division
shall be in exclusive control and possession of the premises as
provided herein, and the City shall not, in any event whatsoever,
be liable for any injury or damage to any property or to any per-
son happening on the premises or arising out of any act done upon
the premises, nor for any injury or damage to the premises, nor to
any property of Division, resulting from the use and operation
of the premises by Division. As to the City, Division agrees to
assume risk of all injuries, including death resulting therefrom,
to persons, and damage to and destruction of property including
loss of use thereof resulting directly or indirectly, wholly or
in part, from the wrongful or negligent prosecution or omission
of any work undertaken by Division on the above - described premises
and the use thereof by others under Division's supervision and
control caused by or for which Division may otherwise be held re-
sponsible, and to indemnify and save harmless the City, or the
employees or agents thereof from and against any and all such lia-
bility arising therefrom.
Section 5.5. Access. Division shall permit the City or its
authorized agent to enter the premises at all reasonable hours for
the purpose of inspection. The City will allow Division reason-
able access to the premises across other City property or property
under its control but all costs of improving or maintaining such
access if not upon a roadway maintained and established by City
shall be the sole cost and expense of Division. The City shall
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retain the right to cross the described premises if necessary in
order to have access to other properties of the City or properties
under the City's control. All access over properties of the City
or properties under the City's control shall be mutually agreed
upon and approved in writing by the City Manager.
Section 5.6. Surrender and Hold -over period. Division agrees
it will peaceably surrender the premises and all improvements there-
on at the termination of this Management Agreement unless prior
to termination Division and the City otherwise agree in writing.
VI. DEVELOPMENT.
Section 6.1. The development and operation of the proposed
hunter safety rifle and pistol range and facility shall be done
in accordance with a Master Plan therefor which shall be approved
by the City Manager and material and substantial changes in the
approved Master Plan shall be subject to the approval of the
City Manager. The purpose of this paragraph is to permit and
allow the City through its City Manager to review and approve
development plans which will not hamper or impair the use and
development of the balance of "Honor Farm" land under lease from
the State of Colorado.
Section 6.2. No building or other improvement of a perma-
nent nature, whether or not included in the Master Plan, shall
be constructed or placed upon the premises until after Division
shall have first given written notice to the City describing the
proposed building or other improvements and its location on the
premises at least one hundred (100) days prior to the commence-
ment of construction of such building or improvement.
VII. APPLICATION OF ORDINANCES.
All improvements on the premises shall be made and constructed
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in accordance with ordinances of the City, however, the City or-
dinances and regulations as to streets and roads shall not apply
to Division's development of the premises. Control of fugitive
dust from roadways and activities conducted on the premises shall
be the sole responsibility of Division.
VIII. NOISE EMISSIONS.
Division agrees to take reasonable measures for the abate-
ment of excess noise emissions. If requested by Division the City
shall furnish the consultative services of the Department of Parks
and Recreation for the purpose of utilization of vegetation to re-
duce excess noise emissions.
IX. ASSIGNMENT.
There shall be no assignment of this Management Agreement
in whole or in part by either party without the prior written ap-
proval of the non - assigning party.
X. NOTICE.
Any notice required under this Lease shall be in writing
and personally delivered or sent postage prepaid in the U.S. Mail
registered or certified, return receipt requested, to: If to the
City, City Manager, City of Pueblo, 1 City Hall Place, Pueblo,
Colorado 81003. If to Division, 6060 Broadway, Denver, Colorado
80216, or to any other address subsequently designated by the
parties.
XI. RELATIONSHIP.
Nothing herein contained shall be construed to make Division
an agent or employee of the City. The relationship between Divi-
sion and the City is hereby declared to be that of an independent
contractor.
XII. BINDING EFFECT.
This Management Agreement shall be binding upon the parties,
their successors, and approved transferees and assigns and shall
be governed by the laws of the State of Colorado where applicable.
IN WITNESS WHEREOF, the City and Division have caused this
Agreement to be duly approved and executed as of the date first
written above.
PUEBLO, a Municipal STATE OF COLORADO, DEPARTMENT OF
Corporation NATURAL RESOURCES
C`" �:�c .vim ei By
President, City Council IHakris D. Sherman, Executive
of Pueblo ..Director
ATTEST:
DIVISION OF WILDLIFE
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C if y C / rk a R. Gr' , Dire
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APPROVED AS TO FORM: �' AS TO FORM
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City tt e ssistant Pitt orne General
Financial obligations of the State of Colorado payable after the
current fiscal year are contingent upon funds for that purpose
being appropriated, budgeted and otherwise made available.
The signatories hereto aver that they are familiar with 18 -8 -301,
et seq., (Bribery andCorrupt Influences) and 18 -8 -401, et seq.
(Abuse of Public Office),C.R.S. 1973, as amended and that no
violation of such provisions is present.
The Signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service
or property described herein.
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STATE OF COLORADO
DEPARTMENT OF INSTITUTIONS
RAYMOND LEIDIG M.D. , Executive Director
MATT MCBRIDE, Deputy Director
4150 South Lowell Boulevard
Denver, Colorado 80236
Telephone: (303) 761 -0220
RICHARD D. LAMM
GOVERNOR
August 7, 1975
Mrs. Lucy J. Costa
City Clerk
City of Pueblo
1 City Hall Place
Pueblo, Colorado 81003
Dear Mrs. Costa:
In response to your letter of July 10 requesting our review of
Resolution No. 3556- -the Management Agreement between the City
of Pueblo and the State of Colorado, Department of Natural
Resources, Division of Wildlife- -the Department of Institutions
has no objections to the recreational developments as proposed.
Sincerely yours,
Matt McBride
Deputy Director
MM:0jw
STATE OF COLORADO
John D. •Vanderhoof, Governor
DEPARTMENT OF NATURAL RESOURCES
DIVISION OF WILDLIFE
Jack R. Grieb, Director
6060 Broadway
Denver, Colorado 80216 825-1192)
City Council
City Hall
1 City Place
Pueblo, Colo.
Dear Council Members:
` 1 �,
1
April 17,1975
The Colorado Division of Wildlife, Department of Natural Resources,
would like to secure a Management Agreement from the City of Pueblo
for the construction and operation of a Hunter Safty Rifle and Pistol
Range in the southwest corner of the Honor Farm property.
The selected area, shown as cross — hatched on the attached sketch and
described in the attached legal description, contains all the natural
features required for the proposed ranges. Shooting will be to the
north. The existing one hundred fifty foot high cliff will be used
as a backstop. Existing ridges to the East and West of the area will
serve as safty barriers to land adjacent to the proposed ranges.
The entire shooting area is to be fenced with a ten foot high fence
and continuous supervision will be provided.
At the present time there is no shooting range available to the
public in Pueblo County. Shooters are entering private land for
target practise and friction has developed between the shooting public
and private landowners. Property damage from indiscriminate and
unsafe shooting is increasing.
The Colorado Division of Wildlife wishes to use the proposed ranges
for salty training programs for the younger shooters and for a
supervised open public shooting range for holding matches, sighting
in rifles, or just plain shooting.
DEPARTMENT OF NATURAL RESOURCES, T. W. Ten Eyck, Executive Director • WILDLIFE COMMISSION, Ford Strong, Chairman
R. Withers Cool, Vice Chairman • Charles A. Gebauer, Secretary • Dr. J. K. Childress, Member • Orest Gerbaz, Member • Dean Hull, Member
Dean Suttle, Member • Jean K. Tool, Member • Vernon C. Williams, Member
Hunter Safety money is available for the developement of the proposed
shooting area. Present access to the area is partially across private
property. Access from Pueblo Blvd. can be developed without crossing
private property.
Thank you for your early consideration of this request.
Respectfully,
1
Wendel Schaefer,
WCO
4 Senate Court
Pueblo, Colo. 81005
cc: D. Larrabee
L. Denton
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N� A�
Y 0 N y
Beginning at the point of intersection of the north right of way line
of the Denver and Rio Grande Western Rail Road, and the west line of
section 30 T 20 S R 65 W; then north along the west lines of section
30 and 19 T 20 S R 65 W to a point on the west line of section 19 T 20 S
R 65 W that is 853.8 feet south from the west - corner of section
19 T 20 S R 65 W, then southeastly to a point on the west line of the
southeast x of section 19 T 20 S R 65 W that is 1128.5 feet south from
the northwest corner of southeast of section 19 T 20 S R 65 W; then south
along the west line of the southeast 4 of section 19 T 20 S R 65 W and the
west line of the east 2 of section 30 T 20 S R 65 W to the north right of
way line of the Dwnver and Rio Grande Western Rail Road, then northwestly
along the north right of way line of the Denver and Rio Grande Western
Rail Road to the point of beginning.