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Home My WebLink About841113.tiff RESOLUTION RE: APPROVAL OF INTERGOVERNMENTAL AGREEMENT BETWEEN CITY OF GREELEY AND WELD COUNTY FOR ISLAND GROVE PARK MANAGEMENT SERVICES AND AUTHORIZATION FOR THE CHAIRMAN TO SIGN SAME WHEREAS , the Board of County Commissioners of Weld County, Colorado , pursuant to Colorado statute and the Weld County Home Rule Charter , is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS , certain City of Greeley buildings and structures are located within Island Grove Park and certain public build- ings owned by Weld County are located on the fringes of the Park, and WHEREAS , the Board of County Commissioners has been pre- sented with an Intergovernmental Agreement between the City of Greeley and Weld County concerning Island Grove Park Management Services , and WHEREAS , the terms of said agreement are as stated in the agreement, a copy being attached hereto and incorporated herein be reference, and WHEREAS , after review, the Board deems it advisable to approve said Intergovernmental Agreement and authorize the Chairman to sign same . NOW, THEREFORE, BE IT RESOLVED by the Board of County Com- missioners of Weld County, Colorado, that the Intergovernmental Agreement between the City of Greeley and Weld County for Island Grove Park Management Services be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chairman be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 24th day of October, A.D. , 1984 . f1 �f BOARD OF COUNTY COMMISSIONERS ATTEST: n rCtAG2Rti'Lt�✓ ELD COUNTY, COLORADO Weld Count and Recorder and Clerk to the Board Norman Carlson, Chairman BYE-1_ a t vi a De'uty County Clerk J�.que ' ne J h son, Pro-Tem APPROVED AS TO FORM: 1e/ Sh C C Gene R. Brantner .9212:40- Q EXCUSED DATE OF SIGNING - AYE County Attorney Chuck Carlson J n T. Martin P12 , 841113 Exhibit A INTERGOVERNMENTAL AGREEMENT FOR ISLAND GROVE PARK MANAGEMENT SERVICES THIS AGREEMENT, made on this 6th day of November 1984 , between the CITY COUNCIL OF THE CITY OF GREELEY, COLORADO (hereinafter the "City" ) , and THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD , STATE OF COLORADO (hereinafter the "County" ) . WHEREAS , the operation , maintenance , acquisition , and equipping of parks, public recreational facilities , parklands , playgrounds , and open space is a proper governmental function of both the City and the County; and WHEREAS , there is now located within the city limits of Greeley, Colorado, a public park known as the Island Grove Park ; certain City building and structures are located on the Island Grove Park and certain public buildings owned by the County of Weld are located on the fringes of the park; and WHEREAS , the City of Greeley and the County of Weld are considering an arrangement wherein the City and County would enter into an agreement in order to provide for the operation and maintenance of the Island Grove Park in furtherance of the development of the Park and the public facilities in and near the Park on a joint and cooperative basis , as authorized by CRS 29-1-201 et seq. ; Article II , Section 2-3, Weld County Home Rule Charter; and the City of Greeley Charter, Section 3-7; and WHEREAS , the City of Greeley ' s Parks and Recreation Department is uniquely qualilfied to administer County park facilities adjacent to the City' s Island Grove Park; and WHEREAS , the purpose of this intergovernmental agreement is to effect coordinated management of both City and County park facilities in the Island Grove area for the mutual benefit of the people of the City of Greeley and the County of Weld; and WHEREAS, this agreement contemplates the establishment of an advisory board composed of both City and County representatives to provide recommendations to the City of Greeley and County of Weld for both short-term and long-range development of the park facilities by ordinance. NOW, THEREFORE, in consideration of the foregoing , the City and the County mutually agree and covenant as follows: 1 . That the purposes for this agreement are as follows : a. To provide for , and encourage, the development , maintenance and operation of park , recreation , and service facilities for the benefit of all the citizens of Weld County, both rural and urban, with said facili- ties to be located at the Island Grove Park, as the same exists and as it may be expanded from time to time; and -2- b . To, from time to time , study and determine what should be included within said park , recreational , and service facilities, which, at this time, shall include, but not to the exclusion of such other determinations as may be hereafter made , the development of parks, open spaces, nature areas , outdoor recreational facilities , recreational and service facilities of all types for use by all citizens of Weld County in the nature of build- ings, arenas, other recreational service facilities , but not by way of exclusion of other facilities of the same general character; and c . To facilitate the promotion , management , main- tenance , and operation of the City and the County ' s facilities located at the Island Grove site and to obtain maximum beneficial use of all City- and County- owned facilities at the Island Grove Park. 2 . The area governed by this contract shall be the area known as the Island Grove Park and adjacent facilities as more fully set forth in Exhibit "A, " attached hereto and incorporated herein by this reference. 3 . The City of Greeley shall be responsible for the day-to-day operations of the park. "Day-to-day operations" shall include , but not be limited to, repairs and routine maintenance, -3- sanitation , grounds keeping , public relations , scheduling of events, collection of fees for use of the park and facilities , and entering into agreements for the use of the park facilities. 4. The City shall supervise the promotion, management , and operation of the Island Grove Park and adjoining County facili- ties and shall use its best efforts to obtain maximum use of the City and County park facilities , including the Island Grove stadium. It shall be the City ' s responsibility to provide expert management personnel for the purpose of supervising and directing the City' s obligations hereunder. The City shall have full and exclusive authority, subject only to the provisions hereinafter set forth , to negotiate all contracts , agreements , permits , leases , licenses , and franchises, including, but not limited to contracts , agreements , leases , licenses , and franchises with suppliers, tenants, exhibitors, concessionaires, joint venturers, promotors, advertisers, television media, radio media, and other public news and communications media, and other parties related to the utilization , operation, and/or promotion of the Island Grove Park stadium. All contracts involving City park facilities shall be subject to approval by the City and shall be executed by the City in its name . All other contracts , instruments , and agreement involving County facilities shall be negotiated by the City and executed by the City as the manager and shall be contracts or obligations of the City . The County agrees to indemnify and hold harmless City for all liability , loss , or -4- damage City may suffer in the promotion, management and operation of the County facilities arising out of the negligent or inten- tional acts of the County or its employees during the course of their employment . During the term hereof , no person or party other than the City shall exercise the powers and authorities herein granted to the City. The City shall be solely responsible for all compensation , employee benefits , and expenses of its employees . This shall not preclude City from entering into any contract , agreement , lease , license , or franchise with a third party which would allow that third party to subcontract with other parties regarding the functions described herein. 5. The City, at its cost and expense , from time to time shall furnish all such personnel , materials , supplies, equipment , services, and utilities to perform all such work and take all such actions as shall be necessary to operate, protect, preserve, maintain , repair , restore , and/or renovate Island Grove Park facilities and the access roads so that at all times during the term hereof all the same will be in good operating condition; will be available and equipped for the uses contemplated herein; will be neat, clean, attractive, and safe; and will constitute a high-quality park and related facilities for athletic events and such other events as can be reasonably conducted in facilities of this type. This shall require consent by County only as to major repairs, restoration or renovation of County owned facilities. -5- 6 . The County , in consideration for the services rendered under this contract by the City, agrees to be responsible for an amount to be budgeted annually for a share of the operation , ordinary maintenance, development , and promotion of the Island Grove Park and adjacent facilities as described in Paragraph 2 of this agreement. The City and the County agree that the County will allocate additional funds as needed to meet the costs of extraordinary repair and restoration or renovation to County- owned facilities . The amount anticipated to be budgeted by County for the year 1985 shall be $44 , 775 . 00 . All revenues generated by the use of County facilities will be collected and used by the City as compensation in addition to the set fee paid by the County. 7 . City agrees to accept the employee of the County currently dedicated to maintenance of the County facilities as an employee of the City at a comparable salary level . 8 . The Weld County Extension Office will maintain its offices in the Exhibition Building rental free, and the Extension staff will be given first priority for use of meeting rooms in the 4-H and Exhibition buildings and will be allowed a waiver of fees for the use of the 4-H and Exhibition buidings ' meeting rooms . County agrees to maintain insurance coverage on County facilities within Island Grove Park consistent with coverage on County buildings outside of Island Grove Park. -6- 9. The term of this agreement shall be 99 years, terminable by either party upon six months ' written notice served upon the City Clerk of the City , or the Clerk to the Board of Commis- sioners of the County, as appropriate under the circumstances . 10 . Those lands and properties acquired in furtherance of this agreement will be legally held in the name of the City or the County, whichever jurisdiction acquires the lands and properties. respectively. 11 . In the event of a termination of this agreement , parties agree that management of the properties listed in this agreement shall return to the City and the County, respectively. Personal property shall be distributed in proportion to the value of the property made available for administration of this agreement and the amounts budgeted for said property by the respective entities . 12 . The City and the County agree to consider annually the budget requests and recommendations of the Island Grove Park Advisory Board and to make appropriations necessary for both the day-to-day operations of the park , recreation , and service facilities and for long-range development of the same. 13. This agreement may be reviewed and revised at any time by mutual agreement and appropriate legislative action by the City and the County. -7- 14 . This agreement constitutes the entire agreement between the City and the County , and neither the City nor the County shall be bound by any requirement which is not specifically stated in this agreement. 15 . If any provision of this agreement is subsequently declared by legislative or judicial authority to be unlawful , unenforceable, or not in accordance with applicable law, statute, or regulations of the United States of America and the State of Colorado, all other provisions of this agreement shall remain in full force and effect for the duration of this agreement . The parties shall meet as soon as possible to agree on an appropriate substitute provision for the provision declared unlawful . -8- WHEREFORE , the respective parties set their hands and seals hereto this 6th day of November _, 1984 CITY COUNCIL ATTEST: CITY OF GREELEY: -)&40 (2> By: City Cl rk May APPROVED AS TO SUBSTANCE: REVIEWED thi, Tp LEGAL FORM: k102 tl«wut ��= City Manager City . ttor ��//yy�� ry BOARD OF COU TY COMMISSIONERS ATTEST:f? 1 � WELD COUNTY, COLORADO Weld County Clerk and Recorder and Clerk to the Board '-- Dep ty County Cler Chairman APPROVED AS TO FORM: C unty Attorney -9- cc I ` � u w4 W F Q CC Q 3 O 00 si�.� Q FN- t (\R\\ w cr w Di _-,t,-- :-_•;•. Iii //14 4 \ a z z CO ` -14 VII ` lifr -..,..7_ Q z ill , W ri f 4 m0 i2,- /I ■tr. i Q AD 4,,ti.,,,.... „-,.: ,,,,„,„ . co eo of r r r cn • •� ri� ®r �,,r x � p . . . . ..., „ ,,\ , ‘ i' „, \\- m-� O w t 7 ,1 rI►� `� in1 p rt Z W i J ,y\ Q fn>> pin : kil <ze,... Irk i ;. r N M lfl V , ,�� II N y k O O _. .p_ ,),Iihst—. _ c9V . ____ .. . O O N --Ai ,g Ire Q- 77E (0. - - 5 O w N En (::%r__ 4 ,,,, 11 Toil F ccUcn < s 0 2 2 2...c F m J F- I- w © W X p O w Q O`` ' ss , w z wa ZZ C7 J ..- Al a / \ Q m � maio Fir . LLI al lie\ii: : iiii CC S - 4 YY � F- 0=WV _ - rNM 'cr lil 1-0 0 _ ( u; c. GREELEY CIVIC CENTER, GREELEY, COLORADO 80631 (303) 353-6123 November 30 , 1984 Mr. Don Warden, Finance Director Weld County Weld County Centennial Building Greeley, CO 80631 Dear Mr. Warden: Enclosed is the Intergovernmental Agreement for Island Grove Park Management Services between the City of Greeley and Weld County. Please obtain the necessary County signatures and return the agreement to the City of Greeley at your convenience. Thank you for your assistance. Sincerely, CITY OF GREELEY, COLORADO 14 LO(' t Denise Pollard Deputy City Clerk It CITY OF GREELEY, COLORADO ORDINANCE NO. , 1984 AN ORDINANCE AUTHORIZING THE CITY OF GREELEY TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH WELD COUNTY TO PROVIDE ISLAND GROVE PARK MANAGEMENT SERVICES . The City Council of the City of Greeley, Colorado, finds : A. That Greeley City Charter, Section 3-7, permits the City Council , by ordinance , to enter into contracts and cooperative or joint activities with other governmental bodies . B. That Section 29-1 -201 et . seq . , C .R.S . , articulates a state policy encouraging governmental cooperation. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GREELEY, COLORADO, that: Section 1 . Exhibit "A, " attached hereto and incor- porated in this ordinance by reference, represents the full and omplete understanding between the City of Greeley and Weld County regarding Island Grove Park Management Services. Section 2 . The City Council of the City of Greeley hereby ratifies all of the terms and conditions set forth in Exhibit "k, " attached hereto, and hereby authorizes the execution of that agreement by the Mayor and the City Clerk on behalf of the City of Greeley. Section 3 . This ordinance shall take effect five ( 5) days after its final publication as provided by. Greeley City Charter. PASSED AND ADOPTED, SIGNED AND APPROVED THIS DAY OF , 1984. • ATTEST: THE CITY OF GREELEY,\COLORADO by City Clerk Mayor -2- fire is COa No. Date October 24, 1984 File To: Don Warden, Weld County Director of Finance From: Peter A. Morrell, Greeley City Manager Subject: Island Grove Intergovernmental Agreement Ordinance & Island Grove Park Advisory Board Ordinance Attached are copies of the ordinances approved on first reading by the Greeley City Council at a special meeting October 23, 1984. This is a step toward cooperative efforts to maximize use of Island Grove Park and its facilities. If I can provide you with further information, please call me. ) 761' ' Peter A. Morrell City Manager Hello