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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 0 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 0 A 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. 0 0 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. 7 0 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: 3 0 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. 4 0 15.UTILITIES 0 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 6 o 0 •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 0 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 0 0 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 0 0 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