HomeMy WebLinkAbout860343.tiff RESOLUTION
RE: APPROVE INTERGOVERNMENTAL AGREEMENT FOR ESPANOLA RECREATION
AREA MANAGEMENT SERVICES BETWEEN WELD COUNTY AND CITY OF
GREELEY AND AUTHORIZE CHAIRMAN TO SIGN
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, the Board of County Commissioners has been presented
with an Intergovernmental Agreement for Espanola Recreation Area
Management Services between Weld County and the City of Greeley,
and
WHEREAS, the terms and conditions of said Intergovernmental
Agreement are as stated in the Agreement, a copy of which is
attached hereto and incorporated herein by reference, and
WHEREAS, the Board deems it advisable to approve said
Intergovernmental Agreement, which is for the mutual benefit of
the people of the City of Greeley and County of Weld.
NOW, THEREFORE, BE IT RESOLVED by the Board of County
Commissioners of Weld County, Colorado , that the Intergovernmental
Agreement for Espanola Recreation Area Management Services between
Weld County and the City of Greeley be , and hereby is, approved.
BE IT FURTHER RESOLVED by the Board that the Chairman be, and
hereby is , authorized to sign said Intergovernmental Agreement.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 9th day of
April, A.D. , 1986 .
'�1 /) `J BOARD OF COUNTY COMMISSIONERS
ATTEST: ( n"i7 WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board J cqu ine J son, Chairman
EXCUSED
( J G don E. Lacy, Pro-Tem
D puty County erk
APPROVED AS TO FORM: ene R. Brantner
fi�
C.W. Kir y
Count orney EXCUSED DATE OF SIGNING (AYE)
Frank Yamaguchi
-17ROCc7( '2 � '/ �f� J . /2 _� 860343
! ,
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INTERGOVERNMENTAL AGREEMENT FOR
ESPANOLA RECREATION AREA MANAGEMENT SERVICES
THIS AGREEMENT made on the day of
1986 , 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 in unincorporated Weld County,
adjacent to road right-of-way annexed by the City of Greeley, a
public recreation area known as the Espanola Recreation Area also
known as "Espanola Rec-Plex" with certain improvements associated
with three softball fields , and
WHEREAS, the City and the County are considering an
arrangement wherein the City would operate and maintain Espanola
Recreation Area in return for being allowed to conduct certain
city-sponsored recreational activities in Espanola Recreation Area
as authorized by CRS , 529-1-201 , et seq. ; Article II , Section 2-3
of the 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 qualified to administer Espanola Recreation
Area , and
WHEREAS, the purposes of this Intergovernmental Agreement is
to manage Espanola Recreation Area for the mutual benefit of the
people of the City of Greeley and the County of Weld, and
WHEREAS , the property was originally deeded to Weld County by
Monforts of Colorado for the purposes of providing recreational
facilities.
NOW, THEREFORE, in consideration of the foregoing, the City
and County mutually agree and covenant as follows:
1. That the purposes for this Agreement are to provide for
and encourage the development, maintenance, and operation of
Espanola Recreation Area and its recreation and service facilities
for the benefit of all of the citizens of Weld County, both rural
and urban, and including those residents of the Espanola
Subdivision adjacent to the facility.
2. To facilitate the promotion, management, maintenance ,
and operation at the Espanola Recreation Area.
3 . The area governed by this Agreement shall be the area
known as Espanola Recreation Area as set forth in two deeds
recorded August 1 , 1974 , and August 21 , 1975 , attached hereto and
incorporated herein by this reference as Exhibits "A" and "B. "
4 . 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 ,
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.
5 . The City shall supervise the promotion, management, and
operation of the Espanola Recreation Area and shall use its best
efforts to obtain maximum use of the facilities . 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 ventures , promoters ,
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 Espanola
Recreation Area. All contracts , instruments , and agreements
involving the Recreation Area shall be negotiated by the City and
executed by the City as the manager and shall be contracts or
obligations of the City. County agrees to indemnify and hold
harmless City for all liability, loss , or damage City may suffer
in the promotion , management , and operation of the County
facilities arising out of the negligent or intentional acts during
the term of this agreement of the County or its employees acting
within the scope of their employ. 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
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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 will allow that third party to subcontract with other
parties regarding the functions described herein.
6 . The City, so long as the Recreation Area is within the
unincorporated portion of Weld County, shall conduct all
operations in accordance with the conditions and operation
standards of USR #567 granted April 17 , 1984 . In the event of any
conflict between the terms of this Agreement and the USR, the USR
shall take precedence provided , however, that the Board of County
Commissioners hereby authorizes the City during the term of this
Agreement to make any application for amendment to the USR
necessary for the operation and maintenance of the Recreation Area
pursuant to the Weld County Zoning Ordinance.
7. The City, at its cost and expense, from time to time,
shall furnish all 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 Espanola Recreation
Area facilities and the access roads 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 .
The County, in consideration for the services rendered under this
contract by the City, agrees that all revenues generated by the
use of the Espanola Subdivision will be collected and used by the
City as compensation.
8 . City agrees to indemnify and hold harmless County or its
officers or employees for any and all claims , causes of action,
liability loss or damage County or its officers or employees may
suffer arising from the execution of this Agreement and use of the
park by members of the public during the term of this agreement
except as otherwise set forth in paragraph 5 herein. City agrees
to provide insurance or self-insurance coverage for liabilities
arising from the use , operation and maintenance of the park
equivalent to that provided for other City parks .
9 . The term of this Agreement shall be one (1) year, but
shall be considered to be renewed annually unless, thirty (30)
days prior to its expiration either party has served notice on the
other of its intent to discontinue this Agreement by written
notice served upon the City Clerk of the City or the Clerk to the
Board of County Commissioners , as appropriate under the
circumstances.
10. Those lands and properties identified in this Agreement
will continue to be legally held in the name of the County.
11 . In the event of termination of this Agreement, the
parties agree that County will be entitled to any improvements
made to the property but further that parties agree that
amendments to this Agreement will be sought in the event City
intends to make major improvements in the property, which
agreement may include contribution by County of certain
Conservation Trust Funds . Furthermore, County agrees to consider
reimbursement to the City for major improvements made to the
facilities in the event of termination of the agreement.
12. This Agreement may be reviewed and revised at any time
by mutual agreement and appropriate legislative action by the City
and the County.
13. 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.
14. 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 regulation of the United States of America and the State of
Colorado, all other provisions of the 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
substitution provision for the provision declared unlawful.
15. That the County states that it has no knowledge of any
liens or valid assessments or other encumbrances against the
property which would interfere with this Agreement, and further
states that the City shall not be responsible for payment of any
liens, encumbrances or assessments which have been incurred prior
to the date of this Agreement.
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WHEREFORE, the respective parties set their hands and seals
hereto this day of 1986.
CITY COUNCIL OF THE CITY OF
GREELEY
ATTEST: By:
Mayor
By:
City Clerk
APPROVED AS TO SUBSTANCE:
City Manager
REVIEWED AS TO LEGAL FORM:
City Attorney
�� BOARD OF COUNTY COMMISSIONERS
ATTEST: WELD COUNTY, COLORADO
Weld County Clerk and Recorder By• ►., ... \. ..�r\+�►►�►�
and Clerk to the Boa J.cau ; ine Jo nson, Chairman
0
D puty Clerk
APPRO D A TO •
Coun y Attorne
PER THE ATTACHED LETTER, THE CITY OF
GREELEY CHOSE NOT TO ENTER INTO THIS
INTERGOVERNMENTAL AGREEMENT.
BS I-3 s"13
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PARKS & RECREATION DEPARTMENT
T GREELEY RECREATION CENTER,651 10TH AVE.,GREELEY,CO 80631 (303)353-6522
'6446
April 24, 1986
Don Warden, Finance Director
Weld County Centennial Building
915 10th Street
Greeley, CO 80631
Dear Don:
I have received a letter from the Greeley-Evans Youth Baseball
Program concerning the use of the Espanola Rec-Complex.
Youth baseball has advised us that the facility does not
meet their immediate program needs and their long range
youth plans. Our plans were to have youth baseball as the
primary user of the facility. It was our intention to use
the facility on a limited basis for adult softball as a practice
and tournament site. The usage for adult softball does not
warrant facility expansion and the maintenance and operation
expenses associated with the usage.
I am sorry to advise you that we are not interested in securing
the facility. I know that the County Commissioners and yourself
spent a great deal of time working on the intergovernmental
lease. With youth baseball not interested in the facility,
we cannot justify adding the Espanola Rec—Complex to our
facility inventory. We appreciate your consideration and
hope that we can continue the positive intergovernmental
cooperation that we are currently experiencing.
Sincerely,
S anleylC. engl e , Director
Greeley Parks & creation Department
SCG:nmm
Attachment
FEE Y FO
� y Greeley-Evans Youth
Baseball-Softball League Inc
BASEBNO-
Steve Baysinger, Superintendent of Recreation
City of Greeley
Parks & Recreation Department
Dear Steve:
Recently our program was presented with the use of the Espanola
Complex.
We feel that this complex could not be used by our program for
the following reasons:
1. Cost to prepare the facility for our use is too high.
2. Location not compatible with our program.
3. Attractive nuisance created by river to our youth.
4. This complex would not suit our long term goals.
If you have any further questions on this, please feel free to
contact me.
Sincerely,
6177-cet C;270-4.-
Rudy Pargas
(
,y ay Or 7: 13
't
P.O. Box 1611 Greeley, Colorado 80632
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