HomeMy WebLinkAbout11182Docusign Envelope ID: 1 FCE3BCB-A728-8FE2-8136-D115C1 F06A56
ORDINANCE NO. 11182
AN ORDINANCE APPROVING AND AUTHORIZING THE
MAYOR TO EXECUTE A DONATION AGREEMENT BETWEEN
THE CITY OF PUEBLO, A COLORADO MUNICIPAL
CORPORATION, AND MORNING STAR CREATIONS, INC., A
COLORADO CORPORATION; CREATING A NEW PROJECT
ACCOUNT C12614 - VINEWOOD SKATE PARK; AND
ACCEPTING, BUDGETING, AND APPROPRIATING FUNDS IN
THE AMOUNT OF $70,000.00 INTO PROJECT C12614 -
VINEWOOD SKATE PARK
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that
SECTION 1.
The Donation Agreement between the City of Pueblo, a Colorado Municipal Corporation,
and Morning Star Creations, Inc., a Colorado Corporation, a copy of which is attached hereto
("Agreement"), having been approved as to form by the City Attorney, is hereby approved.
SECTION 2.
The Mayor is authorized to execute and deliver the Agreement in the name of the City of
Pueblo and the City Clerk is directed to affix the seal of the City thereto and attest same.
SECTION 3.
Project Account C12614 - Vinewood Park Skate Improvements is hereby established.
SECTION 4.
Funds in the amount of $70,000.00 are hereby accepted and budgeted and appropriated
into Project Account C12614 - Vinewood Park Skate Improvements.
SECTION 5.
The officers of the City are authorized to perform any and all acts consistent with this
Ordinance to implement the policies and procedures described herein.
SECTION 6.
This Ordinance shall become effective on the date of final action by the Mayor and City
Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on May 11, 2026.
Final adoption of Ordinance by City Council on May 26, 2026. DoauSigned by:
F
President of City Council
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Action by the Mayor:
E� Approved on 05/27/2026
❑ Disapproved on
based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
❑ Council did not act to override the Mayor's veto.
❑ Ordinance re -adopted on a vote of , on
❑ Council action on failed to override the Mayor's veto.
President of City Council
ATTEST by:
L;DiocuSigned
11",je:-
�...
City Clerk
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City Clerk's Office Item # S6
COUNCIL MEETING DATE: May 26, 2026
TO: President Mark Aliff and Members of City Council
CC: Mayor Heather Graham
VIA: Clyde Bishop, City Clerk
FROM: Andrew Hayes, Public Works Director
SUBJECT: AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR TO
EXECUTE A DONATION AGREEMENT BETWEEN THE CITY OF
PUEBLO, A COLORADO MUNICIPAL CORPORATION, AND MORNING
STAR CREATIONS, INC., A COLORADO CORPORATION; CREATING
A NEW PROJECT ACCOUNT C12614 - VINEWOOD SKATE PARK; AND
ACCEPTING, BUDGETING, AND APPROPRIATING FUNDS IN THE
AMOUNT OF $707000.00 INTO PROJECT C12614 - VINEWOOD SKATE
PARK
SUMMARY:
This Ordinance approves a Donation Agreement between the City and Morning Star
Creations, Inc. related to the donation of skate park improvements to be installed at
Vinewood Park, and budgets and appropriates grant funds received by Morning Star
Creations from the Colorado Health Foundation in the amount of $70,000 into a new
project account, C12614 - Vinewood Park Skate Improvements
PREVIOUS COUNCIL ACTION:
None.
BACKGROUND:
Morning Star Creations applied for and was awarded a $70,000 grant from the
Colorado Health Foundation, providing funding to install skate park improvements (e.g.,
ramps) at Vinewood Park located on the southeast corner of Vinewood Lane and
Canterbury Lane.
FINANCIAL IMPLICATIONS:
As a condition of entering into the Donation Agreement, Morning Star Creations has
agreed to provide the full amount of the Colorado Health Foundation grant funding
($70,000) to the City to be budgeted and appropriated into a new project account,
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C12614 - Vinewood Park Skate Improvements. Upon execution of the agreement, an
initial payment of one-third of the funds will be paid to Morning Star Creations to cover
initial project material costs. Additional progress payments will be paid to Morning Star
Creations as work is completed.
Upon completion and acceptance of the newly -installed work, the improvements will
become property of the City.
BOARD/COMMISSION RECOMMENDATION:
Not applicable to this Ordinance.
STAKEHOLDER PROCESS:
Not applicable to this Ordinance.
ALTERNATIVES:
Failure to pass this Ordinance will preclude the City from entering into the agreement
with Morning Star Creations.
RECOMMENDATION:
Approval of the Ordinance.
ATTACHMENTS:
1. Vinewood Skate Park Improvements Agreement - Final Clean (260506)
2. Skate Park Drawings - Exhibit A
3. Exhibit B - Volunteer Acknowledgement and Release Form
ACCESS AND DONATION AGREEMENT
THIS ACCESS AND DONATION AGREEMENT ("Agreement") is hereby entered into
this olio day of Ma , 2026 by and between the City of Pueblo, a Colorado municipal
corporation ("City"), and Morningstar Creations, Inc. ("Donor"). City and Donor may be
individually referred to herein as "Party" or collectively referred to as "Parties."
W ITNES SETH:
WHEREAS, Donor has received a grant award from the Colorado Health Foundation entitled
the "Great Push Project" in the amount of $70,000.00 to create a skateable art structure in
Vinewood Park; and
WHEREAS, City agrees to allow access to the Premises as herein defined for the purpose of
such installation and to accept ownership of the improvements contemplated by this Agreement
subject to the terms and conditions set forth herein;
NOW, THEREFORE, in consideration of the foregoing and all other covenants contained herein,
and other good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, all Parties agree as follows:
1. The following terms as used in this Agreement shall have the following meanings:
"Effective Date" refers to the date of this agreement and means the date of final signature
of any of the Parties to this Agreement, whichever is latest.
"Installation Date" means the date set forth in the Schedule for which the installation of
the Improvements shall commence.
"Installation Deadline" means a date 180 calendar days from the Installation Date, unless
such date is extended in writing by the Director of Public Works, which extension shall be
made at the sole discretion of said Director, such extension to not be unreasonably
withheld.
"Maintenance and Repair Services" means, without limitation, all actions required so that
the Improvements are kept and maintained in a good, clean, safe and operable condition
consistent and in compliance with all applicable laws, ordinances, and regulations
including but not limited to repairing damage to the Improvements attributable to
workmanship or material defects. Maintenance and Repair Services excludes work to
repair damage caused by vandalism, graffiti, or damage by a motor vehicle.
"Premises" means the designated area at Vinewood Park where the Improvements will be
installed as indicated in Exhibit A, which is attached hereto and incorporated herein.
"Improvements" means the approved skate park improvements and other installed ancillary
improvements which are located upon the Premises and which may be necessary for the
safe public enjoyment of and access to the Improvements as indicated in Exhibit A.
"Schedule" means the schedule for installation of the Improvements as required by this
Agreement.
2. Within ten (10) days of the Effective Date of this Agreement, Donor shall provide City with
the Schedule. The Schedule shall be subject to review and approval by City, such approval to be
provided within thirty (30) days of delivery of the Schedule. Following approval of the Schedule
by City, any subsequent changes must be approved by City before installation may commence. It
is expressly acknowledged and agreed that the placement or location of the Improvements upon
City property or within a public right-of-way must be approved by the City's Director of Public
Works.
3. Prior to installation of said improvements, Donor shall submit stamped engineer plans and
details to the City for approval, or in the alternative Donor and City shall collaborate with one
another for the procurement of such stamped engineer plans.
4. Donor shall work closely with the City's Director or designated staff of the Parks and
Recreation Department and coordinate access to the site, planned improvements, method of
excavation, demolition, schedule, and final appearance of the site and all improvements.
5. Subject to and conditioned upon the approval of the Schedule and payment to and receipt by
City of Seventy Thousand Dollars ($70,000), City agrees to allow Donor to install the
Improvements (or to have the Improvements installed) upon the Premises.
6. Indemnity and Insurance.
a. The Donor shall not commence work under this Agreement until Donor has
obtained at their own expense and without cost to the City all insurance required
under this paragraph and such insurance has been approved by the City Attorney,
nor shall the Donor allow any subcontractor to commence work on their subcontract
until all similar insurance required of the subcontractor has been so obtained and
approved. The Donor shall maintain such insurance until the final acceptance by
the City of all construction covered by the Agreement.
Commercial General Lia ility Insurance: The Donor shall secure and
maintain during the period of this Agreement and for such additional time
as work on the project is being performed, Commercial General Liability
Insurance issued to and covering the liability of the Donor with respect to
all work performed by them and all their subcontractors under the
Agreement, to be written on a Commercial General Liability policy form
CG 00 01. This insurance shall be written in amounts not less than
$1,000,000 for each occurrence and aggregate for personal injury including
death and bodily injury and $1,000,000 for each occurrence and aggregate
for property damage. This policy of insurance shall be endorsed naming the
City of Pueblo, its agents, officers, and employees as additional insureds.
ii.Comprehensive Automobile Liability Insurance: The Donor shall procure
and maintain during the period of the Agreement and for such additional
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time as work on the project is being performed, Comprehensive Automobile
Liability Insurance. This insurance shall be written with limits of liability
for and 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 Donor from
any and all claims arising from the use both on and off the site of the project
of automobiles, trucks, tractors, backhoes, and similar equipment whether
owned, leased, hired, or used by Donor.
iii. Workers' Compensation Insurance: The Donor shall procure and maintain
during the period of this Agreement and for such additional time as work
on this project is being performed, 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 Donor may
have no employees as defined under said Act or that Donor 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 Donor
performing work on the project irrespective of whether such employees may
be shareholders, managers, partners or owners of Donor or exempt
employees under the Act. If any class of employees engaged in hazardous
work under this Agreement at the site of the project is not protected by the
Workers' Compensation Statute, the Donor shall provide, and similarly shall
cause each subcontractor to provide, special insurance for the protection of
such employees not otherwise protected. Workers' Compensation policy
shall contain an endorsement waiving subrogation against the City.
iv. Any subcontractor performing work for the Donor under the Agreement
shall provide certificates of insurance protection to the Donor and to the
City of Pueblo, Colorado, of the same type and in the same amounts as
required by the Donor.
v. The insurance coverage enumerated in the above subparagraphs constitutes
the minimum requirements and said enumeration shall in no way lessen or
limit the liability of the Donor under the terms of the Agreement to the
exposure or detriment of the City. The Donor shall procure and maintain, at
their own cost and expense, any additional kinds and amounts of insurance
that, in their own judgement, may be necessary for their proper protection
in, the prosecution of the work.
vi. Certificates of Insurance for Workers' Compensation Insurance,
Commercial General Liability Insurance, and Comprehensive Automobile
Liability Insurance shall be filed with the City within fourteen (14) days of
the execution of the Agreement. Said insurance shall not thereafter be
canceled, permitted to expire, or be changed without 30 days' advance
written notice to the City.
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b. Donor agrees to defend, hold harmless, and indemnify, the City and its officers,
employees, and agents, from any and all claims and liability, including reasonable
attorney's fees and costs, for injuries, death, or damages to any person, arising from
or in any way connected with the installation of the Improvements, Maintenance
and Repair Services, access granted herein or any default or breach of any term of
this Agreement by Donor excepting only claims based solely on the Indemnified
Parties' gross negligence, bad faith, or intentional acts. The Indemnified Parties
shall have the right to retain their own counsel, in which case those reasonable
attorney and expert fees and costs shall be covered by Donor's indemnification
obligation in this Section.
7. Upon installation of the Improvements by Donor and written acceptance of the installed
Improvements by City, ownership of the Improvements and all intellectual property rights,
including design and copyright, shall be conveyed to and become the property of City. Risk of loss
or damage to the Improvements will be borne by Donor until the Improvements are installed and
accepted by City.
8. Maintenance and Repair Services. For one (1) year following the City's acceptance of the
installed improvements, Donor agrees to perform Maintenance and Repair Services for the
Improvements at its sole expense. Such Maintenance and Repair Services described in this
paragraph 8 is expressly limited to minor repair work necessary and resulting from the original
installation, and shall not extend to damage, vandalism, or other damages to the installed
improvements that are not proximately caused by the installation itself.
9. Payments. Donor may submit an initial invoice not to exceed $23,333.33 upon City's
approval of the Schedule (ref. Paragraph 2). Excepting only the initial invoice and payment, the
City will not approve any invoice for total cumulative payments exceeding the value of work
installed. Donor shall submit a second invoice upon completion of 66% of the work being installed
in an amount not to exceed $23,333.33 (cumulative payments of $46,666.66). Donor shall submit
a third invoice upon completion of 100% of the work being installed in an amount not to exceed
$19,833.34 (cumulative payments of $66,500.00). Donor shall submit a fourth and final invoice
at the same time the third invoice is submitted in an amount not to exceed $3,500.00 (cumulative
payments of $70,000.00). The fourth and final invoice will be reviewed by the City simultaneously
with the third invoice, but the fourth invoice payment will be withheld to allow the City adequate
time to notify suppliers, vendors, subcontractors, and other potential interested parties of a period
of time to bring any final claims related to the work contemplated under this Agreement.
10. Final Inspection and Acceptance.
a. Inspection process.
i. Upon completion of the skate park improvements, the Donor shall notify
the City of Pueblo in writing that the work is ready for final inspection.
ii. The City shall, within three (3) business days of receiving such notice,
conduct a thorough inspection of the improvements to ensure compliance
with the agreed -upon plans, specifications, and applicable standards.
b. Criteria for Acceptance.
The improvements shall be deemed acceptable if they meet the following
criteria:
1. Full compliance with the approved plans and specifications attached
as Exhibit A to this Agreement.
2. Adherence to all applicable safety, construction, and accessibility
standards, including but not limited to City of Pueblo Standard
Construction Specifications and Standard Details, ADA compliance
(42 U.S.C. 12101 [12131] et seq.), and local building codes.
3. Absence of material defects or deficiencies that would impair the
functionality, safety, or intended use of the skate park
improvements.
c. Deficiency l esokltio¢l.
i. If the City identifies any deficiencies or non-compliance during the
inspection, the City shall provide the Donor with a written list of such
deficiencies within two (2) business days of the inspection.
i. The Donor shall, at its sole cost and expense, correct all identified
deficiencies within five (5) business days (or as otherwise agreed upon in
writing by the Parties).
iii. Upon correction of the deficiencies, the Donor shall notify the City in
writing, and the City shall conduct a re -inspection within three (3) business
days.
d. Final Acceptance.
i. The City shall issue a written notice of final acceptance to the Donor upon
determining that the improvements meet all criteria for acceptance.
ii. Title to the improvements and risk of loss or damage to the improvements,
shall transfer to the City upon issuance of the final acceptance notice, or in
the alternative after the passage of fourteen (14) calendar days from the date
the Donor notifies the City of the work's readiness for inspection.
e. Timeline for Inspection and. Acce tamice. The entire process of inspection,
deficiency resolution, and final acceptance shall be completed within fourteen (14)
calendar days from the date the Donor notifies the City of the work's readiness for
inspection, unless otherwise agreed in writing by the Parties.
6. If Donor fails to install the Improvements prior the Installation Deadline, City's obligations
under this Agreement shall terminate, and Donor shall return the Premises to its original condition
except Donor shall not be responsible for removing any installed landscaping improvements.
7. If Donor is unable or unwilling to provide Maintenance and Repair Services, or if
Improvements become a nuisance or hazard during this same period, or if Improvements are
damaged and repair or restoration costs exceed reasonable economic value for the replacement of
the Improvements, City may remove and dispose of the Improvements at its sole discretion and at
the City's sole cost.
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, sections 24-10-101 and 120, C.R.S., as amended, or any
other law granting immunity to the City and each of its respective officers and employees.
9. No volunteer shall perform any work with respect to the Improvements or allowed access to
the Premises during construction of the Improvements unless such volunteer has been approved
by City and executed the Acknowledgment and Release Agreement attached hereto, labelled
Exhibit B and herein incorporated.
10. This Agreement sets forth all understandings and agreements between the Parties relating to
the subject matter hereof. No modification or amendment to this Agreement shall be valid unless
set forth in writing and approved by the Parties. No verbal representation, agreement or
understanding by any officer or employee of the City, either before or after execution of this
Agreement, shall modify or amend any of the terms and provisions of this Agreement.
11. The provisions of this Agreement are for the benefit of the named Parties only, and no third
party shall have any right or remedy hereunder or the right to enforce any provision of this
Agreement.
12. This Agreement shall be construed in accordance with and be governed by the laws of the
State of Colorado without regard to conflict of law principles.
13. Time is of the essence hereof. This Agreement shall be binding upon and inure to the benefit
of the Parties and their respective successors and assigns, provided Donor may not assign this
Agreement or any interest herein without the express written consent of City.
14. If any provision of this Agreement is declared by a court of competent jurisdiction to be
invalid or unenforceable, such determination shall not affect the other provisions of this Agreement
which shall remain in full force and effect.
15. Each Party acknowledges that this Agreement was fully negotiated by the Parties and,
therefore, no provision of this Agreement shall be interpreted against any Party because such Party
or its legal representative drafted such provision.
16. In the event of any litigation arising under this Agreement, the court shall award to the
prevailing Party its costs and reasonable attorney fees. Exclusive venue for any such litigation shall
be Pueblo County, Colorado. All such litigation shall be filed in the District Court, County of
Pueblo, State of Colorado and each Party submits to the personal and subject jurisdiction of such
District Court. To the fullest extent permitted by law, the Parties hereby waive their right to a trial
IN
by jury.
17. This Agreement may be executed in one (1) or more counterparts, and each such counterpart
shall be deemed for all purposes to be an original, and all such counterparts shall together constitute
but one and the same original.
***SIGNATURE PAGE FOLLOWS***
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MORNINGSTAR CREATIONS, INC.
By:
Name:
Title: President
Date:
STATE OF COLORADO )
ss.
COUNTY OF PUEBLO )
The foregoing instr�,INrx►e ne
g ' nt was acknowledged before e this OVL day of s
2026, by , President of Morningstar Creations Inc.
$
Ij
Witness my hand and official seal. E3ETro
STATE OF COLORADO
NOTARY ID 1998400 74
Y COMMISSION EXPIRES JUVE 24,2026
My commission expires .', , OA6A
/�gotajiPublic
SIGNATURE PAGE
ATTEST CITY OF PUEBLO
By: By:
y
Clyde Bis cep, City Clerk May( leather Graham
[SEAL]
Approved as to form:
City :attorney
EXHIBIT B
ACKNOWLEDGEMENT AND RELEASE AGREEMENT — CITY OF PUEBLO
In consideration of the City of Pueblo ("City") permitting Volunteer access to City property
("Project Site") for the purposes of participating in Morning Star Creations Inc.'s Great Push
Project ("Project"), Volunteer acknowledges and agrees as follows:
l . I understand that I am not a City employee; I am not entitled to any benefits as a city
employee; I shall not be paid any amounts by City with respect to the Project; and I am not
covered by City's Worker's Compensation Insurance for any injury or loss.
2. I fully understand that my participation in the Project including expressly performance of
construction and other activities at the Project Site are dangerous and involve risk of serious
injury, death, and/or property damage.
3. The City and its officers, employees, agents, and independent contractors, ("Released
Parties") make no representations, promises or guarantees as to the quality, standard, safety, or
fitness of Project or Project Site, for any purpose whatsoever.
4. The Released Parties make no representations, promises or guarantees as to the
availability, sufficiency, quantity, quality, standard, or fitness of any safety measures that may or
may not be present at the Project Site, including but not limited to guard rails, barriers, signs,
instruction, equipment, supervision, first aid, police officers, firefighters, and emergency medical
technicians available to respond to the Volunteer's requests, or other personnel and devices to
promote safety, prevent injuries, or treat injuries.
5. The Released Parties do not assume or undertake any duty of care or safety toward
Volunteer, including but not limited to any duty to prevent injury, death, or property damage or
loss to Volunteer or to make the Project Site reasonably safe for Volunteer's presence, use or
activities. The Released Parties expressly disclaim any such duty. Volunteer is solely responsible
for his or her own safety and care.
6. Volunteer 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 Released
Parties in any court or tribunal, based on contract, tort, statute, violation of civil rights, or any
other legal theory, for any physical injury, psychological injury, death, costs, or property damage
or loss that Volunteer may suffer, as a result of Volunteer's presence at the Project Site and
participation in the Project.
7. This Acknowledgement and Release Agreement shall be binding on Volunteer and his or
her heirs, personal representatives, executors, assigns, guardians, conservators, next friend, and
attorneys.
I HAVE READ THE FOREGOING ACKNOWLEDGEMENT AND RELEASE
AGREEMENT. I UNDERSTAND ITS TERMS AND THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNING IT. I SIGN THIS AGREEMENT VOLUNTARILY
AND WITHOUT ANY COERCION OR INDUCEMENT OTHER THAN THE
CONSIDERATION STATED IN THE AGREEMENT.
VOLUNTEER'S NAME (PLEASE PRINT)
VOLUNTEER'S SIGNATURE
VOLUNTEER'S AGE
DATE SIGNED
PARENT OR LEGAL GUARDIAN ACKNOWLEDGEMENT (IF UNDER THE AGE OF 18)
I represent and warrant that I am the parent or legal guardian of the individual who signed the
foregoing Acknowledgement and Release Agreement ("Minor") and that I have received, read,
and understood the foregoing Acknowledgement and Release Agreement. I fully consent to and
voluntarily authorize the Minor to execute said Acknowledgement and Release Agreement and
agree all provisions of the foregoing provisions of the Acknowledgement and Release Agreement
shall be regarded as made by me on behalf of the Minor and shall be binding on me and the
Minor.
NAME (PLEASE PRINT)
SIGNATURE
RELATION TO MINOR
DATE SIGNED
ME