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HomeMy WebLinkAboutResolution-1997-1618 RESOLUTION NO.JQ.18 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 LANDSCAPE AND PLA YFIELD 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 deSlfes to assist the Jefferson County R-I School District 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 III 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 THISllth DAY OF August ,1997 Sk;~,-jJ~~ tL~ Dan Wilde, Mayor ATTEST SJJi JOINT USE AND DEVELOPMENT AGREEMENT THIS AGREEMENT is made and entered into this 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, heremafter referred to as the "City" WITNESSETH: WHEREAS the parties hereto are governmental entIties serving a common public in the County ofJefferson, 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 mto a cooperative agreement for the use and Improvement of certain lands herem described for the mutual benefit of the Citizens of Jefferson County NOW, THEREFORE, It is agreed as follows. The School District owns parcel ofland as shown on attached ExhibIt "A" and heremafter 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 developmg this parcel for recreational purposes, such development to occur commencmg in the Summer of 1997 The City desires assIst with the development of the Prospect Valley School Site by the design and construction oflandscape and play field improvements collectively, the "Improvments" 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 furnishmgs, 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, dunng the term of this Agreement, the School District shall sell the property after declaring it to be surplus and not needed for school purposes withm the foreseeable future, the School District 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 remainmg 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 mstallation 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 maintam 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 msurance reqUIred by law for covering their employees and agents while workmg at the Prospect Valley School Site 5 The School District shall obtam 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 Dlstnct and ItS directors, officers, employees, volunteers arIsmg out of or in connection With the School DistrIct's use or occupancy of the Prospect Valley School Site or the acts or omissions of the School DistrIct or Its employees or volunteers at or III connection with the Prospect Valley School Site as permitted III paragraph 10 The City shall be named as an additional insured on the policy, and the policy shall contam cross- liability endorsements. The policy shall contam an endorsement reqUIring 30 days' wntten notice to the School District and the City before cancellatIOn or any change m the coverage, scope, or amount of the policy 6 The City shall obtain and maintain general liability and property damage msurance With a smgle combined liability limit of$150,000 per person or $600,000 per occurance, mSUrIng against all liability of the City and Its directors, 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 m 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 pohcy 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 Illsuring only those of the Improvements solely constructed and mstalled by the City at the Prospect Valley School Site against loss or damage caused by fire, casualty, vandalism or mahclous 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 mdemmty, 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 Illcurred by the School Dlstnct or out of or resultmg from the City use or occupancy of the Prop sect Valley school Site or the acts or omissIOns of the City or ItS directors, officers, employees, agents, guests, or mVltes 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 mdemmficatlOn 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, damages, losses, and expenses (including attorneys' fees) asserted agamst, resultmg to, Imposed upon, or Incurred by the City or its directors, officers, employees, or authorized agents arIsIng out of or resulting from the School Dlstnct' 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 m connection therewIth. Notwithstanding the foregomg, the School District IS not walvmg any defense, right, or protection provIded to It by the Colorado Governmental Immumty Acts. The School District's mdemnificatlOn 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 athletic 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 athletic fields, playgrounds, and park areas on the developed areas of the Prosect valley School SIte shall remain with the City dUrIng the terms of thiS Agreement. It IS mutually understood and agreed that the School Distnct 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 dented. 11 The School District shall be responsible for all the routme maintenance of the Prospect Valley School site mcluding the play field improvements. The City may at its expense proVide additIOnal mamtenance 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 80401-0001 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 bindmg 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 mtent and understanding of the parties that the obhgations of each party under this Agreement shall remam effective only so long as and provided that each party has duly appropriated funds for performing such obhgations for the party's current fiscal year Iffor any fiscal year of either party funds are not appropnated 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 CITY OF WHEAT RIDGE C i I / . /'0. ~:" '" t j ((: .:t.,~ Dan Wilde, Mayor