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HomeMy WebLinkAboutResolution-1997-1611 (2) RESOLUTION NO.jillA SERIES 1997 TITLE: RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE JOINT USE AND DEVELOPMENT AGREEMENT WITH JEFFERSON COUNTY R-l SCHOOLS FOR THE DEVELOPMENT OF PLA YGROUND IMPROVEMENTS AT PROSPECT VALLEY ELEMENTARY SCHOOL. WHEREAS, The PT A from Prospect Valley Elementary School has requested the City of Wheat Ridge participate In the constructIOn of new landscape and play field improvements at Prosect Valley Elementary School, and WHEREAS, The City of Wheat Ridge desires to assist the Jefferson County R-l School Distnct and the PT A with the construction of landscape and play field improvements at Prosect Valley Elementary School, and WHEREAS, The City has budgeted funds of up to 50% of the construction cost for the landscape and playfield Improvements with the City share not to exceed $100,000 in the Conservation Trust Fund, and NOW, THEREFORE BE IT RESOLVED by the City of Wheat Ridge City Council that the Mayor and City Clerk be authorized to sign the Joint Use and Development Agreement for the construction landscape and playfield improvements at Prospect Valley Elementary School. DONE AND RESOLVED THlSllth DAY OF August ,1997 L~ f~'i.~C... l....! l...{ {t-<-" Dan Wilde, Mayor ATTEST 9t~ ~-~ Wanda Sang, City Clerk JOINT USE AND DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into tills 11 th Day of August, 1997 by and between Jefferson County School District No R-l, a quasi-municipal corporation, hereinafter refereed to as the "School District", and the City of Wheat Ridge, hereinafter referred to as the "City" WITNESSETH: WHEREAS the parties hereto are governmental entities serving a common public in the County of Jefferson, State of Colorado, and have a long history of cooperative agreement between them to provide for the mutual.use of their various properties and developments for the benefit of their citizens, and are desirous of entering into a cooperative agreement for the use and improvement of certain lands herein described for the mutual benefit of the citizens of Jefferson County NOW, THEREFORE, it is agreed as follows: 1 The School District owns parcel ofland as shown on attached Exhibit "A" and hereinafter refereed to as" the Prospect Valley School Site" which is currently utilized as an elementary school. 2. The City is desirous of assisting the School District in developing this parcel for recreational purposes, such development to occur commencing in the Summer of 1997 The City desires assist with the development of the Prospect Valley School Site by the design and construction of landscape and play field improvements collectively, the "Improvemtns" or the "Project". All of the improvements shall be approved by the School District prior to installation and/or construction. The School District and the City shall share in the cost of the landscape and play field improvements, and all costs be shared 50%. The maximum City construction shall be $100,000 for approved Project costs. The Project shall include design fees, landscape improvements, site furnishings, and play field site drainage improvements. The School District will manage the construction of the Project. The School District will invoice the City for the play field improvements when construction is completed. 3 If, during the term of this Agreement, the School District shall sell the property after declaring it to be surplus and not needed for school purposes within the foreseeable future, the School Distnct shall reimburse the City for an amount equal to the original costs incurred by the City for the improvements divided by the original useful life of the improvements, and the quotient thereof multiplied by the remainjng useful life of the improvements provided that such improvements are in good condition except for ordinary wear and tear At the time of the construction or installation of improvements by the School District, the actual cost and useful life thereof shall be established by mutual agreement of the parties and by addendum be made a part of this Agreement. Upon such reimbursement, all improvements on the Prospect Valley School Site shall become the property of the School District, and this Agreement shall terminate. 4. The City will maintain the workers' compensation insurance required by law for covering the City's employees while working at the Prospect Valley School Site. The City shall also require all of its contractors and subcontractors to maintain the worker's compensation insurance required by law for covering their employees and agents while working at the Prospect Valley School Site. 5. The School Distnct shall obtain and maintain general liability and property damage insurance with a single combined liability limit of$150,000 per person or $600,000 per occurance, insuring against all liability of the School District and its directors, officers, employees, volunteers arising out of or in connection with the School District's use or occupancy of the Prospect Valley School Site or the acts or onussions of the School District or its employees or volunteers at or in connection with the Prospect Valley School Site as permitted in paragraph 10 The City shall be named as an additional insured on the policy, and the policy shall contain cross- liability endorsements. The policy shall contain an endorsement requiring 30 days' written notice to the School District and the City before cancellation or any change in the coverage, scope, or amount of the policy 6 The City shall obtain and maintain general liability and property damage insurance with a single combined liability limit of$150,000 per person or $600,000 per occurance, insuring against all liability of the City and its dir~ctors, officers, employees, volunteers, arising our of or in connection with the City's use or occupancy of the Prospect Valley School Site or the acts or omissions of the City or its employees, volunteers at or in connection with the Prospect Valley School Site as permitted by paragraph 10. The School District shall be named as an additional insured on the policy, and the policy shall contain cross-liability endorsements. The policy shall contain an endorsement requiring 30 days written notice to the City and the School District before cancellation or any change in the coverage, scope, or amount of the policy. 7. During the term of the Agreement, the City shall be responsible for insuring only those of the Improvements solely constructed and installed by the City at the Prospect Valley School Site against loss or damage caused by fire, casualty, vandalism or malicious mischief. Any proceeds therefrom shall be used by the City to repair or replace and damaged Improvements. 8. To the extent permitted by law, the City shall indemnify, defend, and hold the School District and its directors, officers, employees, and authorized agents harmless from and against all claims, causes of action, damages, losses, and expenses (including attorneys' fees) asserted against, resulting to, imposed upon, or incurred by the School District or out of or resulting from the City use or occupancy of the Propsect Valley school Site or the acts or omissions of the City or Its directors, officers, employees, agents, guests, or invites in connection therewith. Notwithstanding the foregoing, the City is not waiving any defense, right, or protection provided to it by the Colorado Governmental Immunity act. The City indemnification obligation is limited to the sum that exceeds the amount of insurance proceeds, if any, received by the School District or its directors, officers, employees, or authorized agents. 9 To the extent permitted by law, the School District shall indemnify, defend, and hold the City and its directors, officers, employees, and authorized agents harmless from and against all claims, causes of action, dam~ges, losses, and expenses (including attorneys' fees) asserted against, resulting to, imposed upon, or incurred by the City or its directors, officers, employees, or authorized agents arising out of or resulting from the School District's use or occupancy of the Prospect Valley School Site or the acts or omissions of the School District or its directors, officers, employees, agents, guests, or invites in connection therewith. Notwithstanding the foregoing, the School District is not waiving any defense, right, or protection provided to it by the Colorado Governmental Immunity Acts. The School District's indemnification obligation is limited to the sum that exceeds the amount of insurance proceeds, if any, received by the City or its directors, officers, employees, or authorized agents. 10 The School District and the City shall have the right during the term of the Agreement to jointly or separately make use of any atWetic fields, playgrounds, park areas, or other developed areas of the Prospect Valley School Site for their respective governmental purposes. The right to schedule and program any atWetic fields, playgrounds, and park areas on the developed areas of the Prosect valley School Site shall remain with the City during the terms of tills Agreement. It is mutually understood and agreed that the School District and the City each assumes no responsibility for the supervision of activities sponsored or conducted by the other On days when school IS in session the City shall have the use of the Prospect Valley site during no-school hours 3 00 p.m. to 10.00 p m. The Prospect Valley School shall have use of the site during all school hours as defined herein. The City may allow school use during non-school hours on an as needed basIs for speCial events. This use shall not be unreasonable denied. 11 The School District shall be responsible for all the routine maintenance of the Prospect Valley School site including the play field improvements. The City may at its expense provide additional maintenance to the site for special events. The Prospect Valley principal will be notified when such maintenance will occur 12. Any notice required or desired to be given under this Agreement shall be mailed by certified mail, postage prepaid, return receipt requested, to the party at the address set forth below' School District. Property Management Department Jefferson County School District No R-l POBox 4001 1829 Denver West Dr Bldg. 27 Golden, CO 80401-000 I City: The City of Wheat Ridge Department of Parks & Recreation 7500 West 29th Avenue Wheat Ridge, CO 80215 13. This Agreement constitutes the entire agreement of the parties hereto with regard to its subject matter All of the agreements, terms, conditions, and covenants set forth in thus Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. 14 Neither party shall extend the faith or credit of the other to any third person or entity 15 If any provisIOn of this Agreement is determined to be invalid or illegal, such provision shall be deemed automatically amended to conform to the law or if such amendment is not possible, such provision shall have no effect. In either event, the other provisions of this Agreement shall remain applicable to the parties and be given full effect. 16 It is the intent and understanding of the parties that the obligations of each party under this Agreement shall remain effective only so long as and provided that each party has duly appropriated funds for performing such obligations for the party's current fiscal year. If for any fiscal year of either party funds are not appropriated for such party's performance of its obligations under this Agreement, this Agreement shall become void and such party shall promptly give notice to the other party of the nonappropriation of funds. IN WITNESS whereof the parties have hereunto affixed their signatures the date and year first above written. JEFFERSON COUNTY SCHOOL DISTRICT NO R-l Don Oatman, Deputy Superintendent ATTEST: ~vi Wanda Sang, City Cler~ CITY OF WHEAT RIDGE ~ Dan Wilde, Mayor