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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 -2- 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 -3- 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 -4- 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 -5- 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 e B C if y C / rk a R. Gr' , Dire IJ APPROVED AS TO FORM: �' AS TO FORM � - : -. / 6 - 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. -7- 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 File File ENC: C � ti 4 4 / 4 i: 1 . � y ,� 15075 if L 1 1' i el 011 - Jam- o0 r 1 I c �17 p T 9 , i t , r l y173 r= 1 10, CPA i - -- — — ' I l e . /„ >i/ 4966 ail }056 X0 03 vt 7 <soo� 25 Cr ni > � 489 i�O it — .�� 1 l a ` o' , 11 , �_. � � , �ti: '�r�q Gra�r� � ,/ �• _� '/ hh • 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.