HomeMy WebLinkAboutORDINANCE 08-100 0
ORDINANCE NO.08-10
AN ORDINANCE APPROVING THE LEASE AGREEMENT WITH
THE ESTES VALLEY RECREATION AND PARK DISTRICT FOR A PORTION OF
STANLEY PARK LOCATED WITHIN THE TOWN OF ESTES PARK
WHEREAS,the Board of Trustees of the Town of Estes Park has determined
that it is in the best interest of the Town to lease approximately 27 acres of property
located within the Stanley Park Fairgrounds to the Estes Valley Recreation and Park
District for use by the District.
NOW,THEREFORE,BE IT ORDAINED BY THE BOARD OF TRUSTEES OF
THE TOWN OF ESTES PARK,COLORADO AS FOLLOWS:
Section 1.The Lease Agreement,a copy of which is attached hereto as Exhibit A
and incorporated herein by this reference,is hereby approved and the appropriate
officials of the Town of Estes Park are hereby authorized to execute the Lease
Agreement.
Section 2.The Declaration of Covenants and Conditions for the Stanley Park
Playground Enhancement Project as required by the terms and conditions of the Great
Outdoors Colorado Trust Fund Grant for the acquisition of the improvements and
enhancements to the Stanley Park Playground Enhancement Project are attached
hereto as Exhibit B and incorporated herein by reference,is approved and the
appropriate officials of the Town of Estes Park are hereby authorized to execute the
Declaration.
Section 3.The Ordinance shall take effect and be in force 30 days after its adoption
and publication.
PASSED AND ADOPTED BY THE BOARD OF TRUSTEES OF THE TOWN OF
ESTES PARK,COLORADO,THIS 9—DAY OF
2010.
TOWN 0 ESTES PARKBy:___
Mayor
ATTEST:
erk
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I hereby certify that the above Ordinance was introduced and read at the meeting of
the Board of Trustees on the °y—day of
________________
2010,and
published in a newspaper of general circulation in the Town of Estes Park,Colorado,
onthe ia-dayof
_______________
2010.
Na
Tow lerk
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LEASE AGREEMENT
THIS LEASE AGREEMENT is effective this
_________
day of
________
2010,between the TOWN OF ESTES PARK,COLORADO (Lessor)and ESTES
VALLEY RECREATION AND PARK DISTRICT (Lessee).
1.LEASE OF PREMISES.
The Lessor does hereby lease to the Lessee,approximately twenty-seven
(27)acres of property in the Stanley Park Fairground recreation area located in the
Town of Estes Park,Colorado (the “premises”)more fully described as follows:
A part of Stanley Park in the Southeast quarter (SE1h)of the Northeast
quarter (NE¼)and the Northeast quarter (NE¾)of the Southeast quarter
(SE’/4)of Section Thirty (30),Township Five (5)North,Range Seventy-two
(72)West of the Sixth Principal Meridian,described as follows:beginning at
the East quarter corner of Section Thirty (30);thence South 0°24’East a
distance of 572 feet;thence North 89°1 1’West a distance of 947 feet;thence
North 7°52’West a distance of 1454.8 feet to the South right-of-way line of
State Highway #66;thence South 80°18’East a distance of 278 feet to
Southwest traverse line of Lake Estes angle point lie;thence South 52°50’
East a distance of 570 feet;thence South 77°10’East a distance of 373 feet
to the East line of Section Thirty (30);thence South 1°24’West a distance of
332.4 feet to the point of beginning,containing 27.24 acres,more or less.
2.USE
The Lessee shall,during the term of this Lease and any renewal or extension
thereof,construct,maintain and operate recreation facilities upon the premises.The
Lessee shall not construct any structures on the premises without the specific
written permission of the Town which will not be unreasonably withheld.All
structures currently on the premises as of the effective date of this lease shall be
deemed to have been approved by the Town.
Lessee understands and agrees that in the use of the premises,Lessee shall
not violate the terms and conditions of the Deed from F.0.Stanley to Lessor dated
August 14,1936,as follows:
‘The above described land is hereby conveyed to the said Town of Estes Park
for use by said Town solely as a public park and recreation grounds.The
Town shall have full control and use of the said premises for such purposes
and may improve and beautify said lands to carry out such purposes.The
Town may construct such improvements thereon as said Town may deem
necessary and proper for the carrying out of the purposes herein specified.
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The Town may permit such lands be used for public entertainment upon such
terms and conditions and for such rental as it may deem proper.”
Lessee shall have the right to rent,sub-lease,or grant concessions to any
third party for all or a portion of the premises so long as the use complies with the
above stated deed restriction and subject to Paragraph 13 herein.All renters,sub-
lessees or concession grantees shall be required to maintain liability insurance set
forth in Paragraph 5 of this Lease Agreement including naming Lessor as an
additional insured on the policy or policies.
Lessee shall commit no act of waste and shalt take good care of the premises
and shall,in the use and occupancy of the premises conform to all federal,state and
Town laws,orders and regulations.
3.TERM
The term of this lease shall be for a ten-ci0-)year period commencing on the
first day of January 2010 and ending on the 31 S day of December 2020.The
Lessee shall have the option to extend this lease for three (3)additional five (5)year
periods.The Lessee shall give the Lessor written notice of its intent to extend this
lease at lease six (6)months prior to the end of the base term,or any extended
term,such notice to be in writing and delivered to Lessor at the address specified in
Paragraph 8 hereof.In the event that this lease is extended for the additional
period,all terms and conditions of this lease shall remain in force and effect.
4.RENT
There shall be no rent payable for leasing of the premises.
5.LIABILITY INSURANCE
The Lessee shall provide the Lessor with certificates of liability insurance for
comprehensive general liability and comprehensive automobile liability insurance in
an amount of no less than One Hundred Fifty Thousand Dollars ($150,000)per
person,and Six Hundred Thousand Dollars ($600,000)per occurrence,and Fifty
Thousand Dollars ($50,000)property damage,naming Lessor as additional insured
on the policy or policies.Lessee may satisfy this requirement by obtaining
appropriate endorsement to any umbrella policy or liability insurance the Lessee
may maintain.Lessee may provide for the insurance set forth above partially or
wholly by means of a self-insurance fund.In the event that the liability limits of the
Colorado Governmental Immunity Act are increased over the current limits of One
Hundred Fifty Thousand Dollars ($150,000)per person,and Six Hundred Thousand
Dollars ($600,000)per occurrence,Lessee shall be obligated to increase its general
and automobile liability insurance in an amount equal to or greater than the limits of
the Colorado Governmental Immunity Act.
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6.GOVERNMENTAL IMMUNITY
The parties understand and agree that the parties are relying on,and do not
waive or intend to waive by any provision of this Lease,the monetary limitations
(presently $150,000 per person and $600,000 per occurrence)or any rights,
immunities and protections provided by the Colorado Governmental Immunity Act,
Section 24-10-101,et seq.C.R.S.,as from time to time amended or otherwise
available to the parties or any of their officers,agent or employees.
7.INDEMNITY
To the extent lawfully allowed,Lessee agrees to indemnify,protect and save
harmless the Lessor from any and all claims,demands and liability for any loss,
damage or injury,including death,or other like or different casualty to persons and
property used by and growing out of,or happening in connection with Lessee’s use
and occupancy of the premises,and any equipment located or to be located
thereon,due to the negligence of Lessee,its agents,servants,or employees.Said
indemnification shall include all reasonable attorney’s fees and court costs incurred
by Lessor for the defense of all claims,damages,and liabilities that are subject to
Lessee’s indemnification obligation.
8.CONDITION OF SITE
During the term of this lease and any Renewal Term,the Lessee shall be
responsible for any and all damages to the premises caused by or attributed to any
actions by the Lessee or its users.
9.TERMINATION
Upon termination of this lease,Lessee shall be entitled to remove all of its
personal property including all structures erected on the premises if the same can be
removed without damaging Lessor’s underlying property.In the event that any
structure erected on the premises cannot be removed by Lessee without damage to
Lessor’s underlying property,said structure shall remain on the premises upon
termination of the lease.
10.NOTICES
All notices required or permitted hereunder shall be in writing and shall be
deemed given if personally delivered or mailed,certified or registered mail,return
receipt requested,or sent by overnight carrier to the following addresses:
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If to Lessor,to:
Town of Estes Park
Attn:Town Administrator
PC Box 1200
Estes Park,CO 80517
If to Lessee,to:
Estes Valley Recreation and Park District
Attn:Executive Director
P.O.Box 1379
Estes Park,CO 80517
Or if a more current address,or name,has been given to the other party in
writing,to such other address,or name.
ii.WAIVER
Failure or delay on the part of the Lessors to exercise any right,power or
privilege hereunder shall not operate as a waiver thereof.
12.DEFAULT
If either party is in default of any of its obligations hereunder and such default
shall continue for a period of more than thirty (30)days after written notice thereof,
either party may terminate this Lease Agreement for said default.
13.ASSIGNMENT
The Lessee shall not assign its rights under this Lease Agreement or any
interest herein,or convey the whole or any portion of the leased area,without the
prior written consent of the Lessor.
14.ENTIRE AGREEMENT
The Lease Agreement constitutes the entire agreement of the parties hereto
with respect to the subject matter hereof and supersedes all prior offers,
negotiations,and agreement,whether written or oral,between the parties hereto
with respect to the subject matter hereof.
15.UTILITIES
The Lessee will be responsible for payment of all utilities used on the
premises.
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15.UTILITIES
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The Lessee will be responsible for payment of all utilities used on the
premises.
LESSOR:
ATTEST
t_O 0 .
Tdyn Clerk
STATE OF COLORADO
COUNTY OF LARIMER
)
)ss.
)
—p
_____
day of
Town of Estes Park.
WITNESS my hand and official seal.
My commission expires:oil
CI j,1
Notary E’ublic
The foregoing instrument was acknowledged before me this
,2010,by William Pinkham,Mayor of the
5
C C
LESSEE:
ESTES VALLEY RECREATION
AND PARK DISTRICT
;Y
By:Predent,Board of Directds
STATE OF COLORADO
)ss.
COUNTY OF LARIMER )
Thp oregoing instrument was acknowledged before me this (&day of
______________,2010,
by .Jflt %JpR&FP President of the Board of
Directors of the Estes Valley Recreation and Park District.
WITNESS my hand and official seal.
ii!My commission expires:
_______________________
Notary Public
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•EXHIBIT B
GREAT OUTDOORS
Co’oRADo
DECLARATION OF
COVENANTS AND CONDITIONS
DATED
__________________
A GRANT FROM THE STATE BOARD OF THE GREAT OUTDOORS COLORADO
TRUST FUND HAS BEEN UTILIZED TO ASSIST IN THE ACQUISITION,
IMPROVEMENTS AND/OR THE ENHANCEMENTS OF STANLEY PARK
PLAYGROUND AND ENHANCEMENT PROJECT.THIS DECLARATION
ACKNOWLEDGES THAT.FOR A PERIOD OF TWENTY-FIVE (25)YEARS FROM THE
DATE HEREOF.THE PROPERTY ON WHICH SUCH PROJECT IS LOCATED,(THE
LEGAL DESCRIPTION OF WHICH IS SET OUT BELOW [THE PROPERTY”I).WILL BE
OPERATED AND MAINTAINED BY THE OWNER THEREOF IN A REASONABLE
STATE OF REPAIR AND FOR THE PURPOSES SPECIFIED IN THE PROJECT GRANT
AGREEMENT DATED JANUARY 9.2009.ATTACHED HERETO AND INCORPORATED
HEREIN AS EXHIBIT A.THE STATE BOARD OF THE GREAT OUTDOORS
COLORADO TRUST FUND AND THE OWNER OF THE PROPERTY HAVE
DETERMINED THAT THE ADOPTION OF THESE COVENANTS AND CONDITIONS IS
IN THE PUBLIC INTEREST.THE RESTRICTIONS IMPOSED HEREBY CANNOT BE
MODIFIED EXCEPT BY WRITTEN AGREEMENT OF THE GREAT OUTDOORS
COLORADO TRUST FUND
Project Location and Property Legal Description:
Address of Project:380 Community Drive.Estes Park.Colorado
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Legal Description of Property on which Project is Located:
A part of Stanley Park in the Southeast quarter (SE¼)of the Northeast quarter (NE¼)and
the Northeast quarter (NE¼)of the Southeast quarter (SE¼)of Section Thirty (30).
Township Five (5)North.Range Seventy-two (72)West of the Sixth Principal Meridian,
described as follows:beginning at the East quarter corner of Section Thirty (30);thence
South 024’East a distance of 572 feet;thence North 89°11’West a distance of 947 feet;
thence North 7°52’West a distance of 1454.8 feet to the South right-of-way line of State
Highway #66;thence South 80°18’East a distance of 278 feet to Southwest traverse line
of Lake Estes angle point 116:thence South 52°50’East a distance of 570 feet;thence
South 77°10’East a distance of 373 feet to the East line of Section Thirty (30);thence
South 1°24 West a distance of 332.4 feet to the point of beginning,containing 27.24
acres.more or less.
Project Description:(Use Application Project Summary as modified if at all by Grant
Agreement).
The “Stanley Park Playground &Rest Room Enhancement”project is located in Stanley
Park.Estes Park,Colorado.The project will enhance the outdoor recreational
opportunities for youth of the community and provide a secondary benefit to the visitors
to the Estes Valley.There are two components of the project,and both are located in
Stanley Park.The first component includes replacing an old playground structure with a
modern structure that meets ADA requirements.The second component is remodeling an
old rest room attached to an existing shelter and near the playground.The playground
will substantially upgrade the play opportunities as additional amenities to Stanley Park,
and the rest room will provide a comfort station for playground and park users meeting
ADA compliance standards.
Families for Estes (FFE)is the partner for this project and has spearheaded a community
campaign that raised $30,000 for the project.FFE is a new organization in Estes Park
that plans to be a voice for the young families of Estes Park in making the town a great
place to raise children.The fundraising efforts have included local service club
fundraising.sweat equity projects.and a community-wide campaign to raise funds for the
project.
The project is exciting because it combines community efforts with local government to
provide a basic park feature (playground)and a needed park amenity (rest room)for the
benefit of the community.
Proiect Costs:
GOCO Grant Amount $71,433
Applicant/Partner Match (including in-kind)S gi.ogo
Total Project Cost $152,513
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IN WITNESS WHEREOF,the Declarant,The Great Outdoors Colorado Trust Fund
and the owner of the Property have executed this Declaration on
____________________,2010.
THE GREAT OUTDOORS COLORADO TRUST FUND
By:
____________________________________
Name:
______________________________________________
Title:
______________________________________________
STATE OF COLORADO
)ss.
COUNTY OF
The foregoing instrument was acknowledged before me this day of
____________,2010.
by
_______________________________
as
__________________________of
The Great Outdoors Colorado Trust Fund.
Witness my hand and official seal.
Notary Public
My commission expires:
___________________
TOWN OF ESTES PARK
By:
_____________________________________
Name:
_____________________________________________
Title:
________________________________________________
STATE OF COLORADO
)ss.
COUNTY OF LARIMER
The foregoing instrument was acknowledged before me this day of
____________
.2010,by
__________________________________________
as
_______________________________________
of the Town of Estes Park.
Witness my hand and official seal.
Notary Public
My commission expires:
___________________
APPROVED AS TO FORM:
Town Attorney
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March 5,2010
Meeting Bob Joseph
1.Meeting with Greg White
2.Two Meetings with Jacquie
a.Specifically the Monday meeting reque5ted held on February 8,2010 then you failed to
show up for our meeting at lOAM.
3.Budget issues with the purchasing of the uniforms and equipment for code enforcement
officers.
4.Failing to take direction from your supervisor.
5.Initiated changes while you were gone then upon your return you completely unraveled
everything that had been started.
6.CDC meeting on March 4,2010
a.Completely unprepared
b.Wrong version of draft
c.Unable to have staff fill in and complete while out sick
d.Arguing with trustee during meeting
7.Trustees not happy with you
a.Seem like you try to make them look bad