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Home My WebLink AboutC03-084 Western Eagle County Metropolitan Recreation District WECMRD.~ q ~ • eon--~~-i~ MULTI-PURPOSE FIELDS LEASE AND JOINT USE AGREEMENT THIS MULTI-~RPOSE~~~I~S LEASE AND JOINT USE AGREEMENT, is made and entered into this ~ day of ~ 2003 by and between EAGLE COUNTY, Colorado, a body politic and corporate, acting by and through its Board of Commissioners (hereafter referred to as the "County") and the WESTERN EAGLE COUNTY METROPOLITAN RECREATION i7ISTRICT, aquasi-municipal corporation and a political sub~~wision of the State of Colorado acting by and through its Board of Directors (hereinafter referre is do as the "District"). RECITALS WHEREAS, the County owns property located in Edwards, Colorado, more particularly described as Tract C, Berry Creek/Miller Ranch Planned Unit Development, Eagle County, Colorado (hereinafter referred to as the "Property"); and WHEREAS, the County desires to lease such property to the District; and WHEREAS, the County has and is constructing three new recreation Fields and associated lawn azeas, berms, parking lot, picnic azea and shelter, and. a playground area and related equipment (hereinafter referred to as the "Fields") on the Property; and WHEREAS, the County desires to lease the Fields to the District for the purpose of providing community athletic activities and programs for the residents of the District and the County; and WHEREAS, the District desires to take into consideration the interests of Eagle County residents including but not limited to the County, the District, local sports and/or soccer clubs, other local metropolitan or recreation and park districts, Vail Mountain School and Vail Recreation District; and WHEREAS, the District is willing to pay a portion of the costs required to construct and develop the Fields, and after construction and development operate and maintain the Fields; and WHEREAS, the County and the District desire to cooperate with one another in the construction and use of the Fields; and WHEREAS, this Intergovernmental Agreement is authorized pursuant to Section 18 of Article XIV of the Colorado Constitution, § 32-1-1001, C.R.S., and other applicable laws. County Soccer Field IGA V6.doc -= COVENANTS NOW, THEREFORE, in consideration of the recitals stated above and the mutual covenants and promises of the parties hereto, the receipt and sufficiency of which is acknowledged, the County and the District agree as follows: SECTION ONE CONSTRUCTION OF THE SOCCER FIELDS 1.1 Construction. The County has and is currently constructing the Fields and it is anticipated that completion shall occur no later than July 1, 2003 (the "Work"). 1.2 Operation and Maintenance. Upon completion, the Fields and associated facilities shall be owned by the County, but shall be operated and maintained by the District subject to the terms of this Agreement. SECTION TWO PAYMENT OF INITIAL CONSTRUCTION COSTS 2.1 County Contribution. The parties acknowledge that the County has obtained or provided for and appropriated the necessary funds to complete the Work. 2.2 District Contribution. Subject to the County's successful completion of the Work, weather permitting, as required hereby within one (1) month of the execution of this Agreement, District shall pay the County the sum of $500,000 as a contribution towazds a portion of the costs thereof. The District has obtained or provided for and appropriated the necessary funds to make this payment. SECTION THREE USE AND MAINTENANCE OF THE FIELDS 3.1 Use of Fields. For the term of this Agreement and any extensions hereof, the County hereby leases the Property to the District, and the District hereby leases the Property from the County, for the purpose of operation and maintenance of the Fields and associated facilities, and for the purpose of providing the County's constituents with a place for recreational activities and events approved by the District pursuant to this Agreement. Subject to the terms and conditions of this Agreement, the District with input and direction of the Advisory Committee shall be entitled, to use the Fields and any associated facilities in connection with its use of the Fields County Soccer Field IGA V6.doc 2 3.2 Advisory Committee. The County and the District shall create aseven-member advisory committee who shall provide input and direction to the District to establish practices and procedures for the governance of the Fields. The County, the District, Eagle County School Athletic Department, Avon Recreation District, Vail Mountain School, Vail Recreation District and the soccer club shall appoint one (1) representative from its organization for the term of the Agreement or a two (2) year term if the Agreement is extended. Any person may be reappointed for successive terms. In .he event a vacancy occurs on the Board due to the death or resignation of a member, such vacancy shall be filled in the same manner set forth for the appointment of the member creating the vacancy. The committee shall have such power and authority concerning management of the Fields set forth herein and as mutually agreed upon by the parties. 3.3 Recreation Programs. The District shall operate appropriate seasonal recreation programs within the Fields and shall make reasonable efforts to utilize the Fields to the fullest degree possible. The District shall present annually to the Committee a plan for recreation programming to permit the Committee to give comments to the District of such plan. The District will review the Committee's comments and use its best efforts to implement those comments into the District's plan. Use of the Fields by the District, local sports and soccer clubs, the Vail Mountain School, the various metropolitan districts, the Eagle County School District, RE SOJ and the Vail District must be considered and included in the plan. 3.4 User Rates and Fees. The District may institute reasonable program and user rates for the use of the Fields. However, County sponsored events shall not be subject to any user fees for use of the Fields. All program fees and user fees associated with use of the Facilities during the term of this Agreement shall accrue to the District to pay for the operation and maintenance of the Fields. 3.5 Maintenance Expenses. All costs associated with the operation ~ and maintenance of the Fields, including payment of all utilities and on-going expenses, maintenance of the landscaped areas connected with the Fields, and operation of the recreation programs within the Fields, shall be borne by the District; provided, that the County, without contribution by the District, shall provide snow removal services. The District shall keep the Fields and all equipment facilities and fixtures therein contained in good order, and in a clean, sanitary, safe, and aesthetically pleasing condition, permitting no waste, damages injury to the Fields. Moreover, the District shall maintain the Prestige Artificial Turf Field in good order and to manufacturer's specifications. 3.6 District Volunteers and Employees. Any persons employed by, or any volunteers used by, the District for the operation and management of the Fields, including the operation of recreation programs within the Fields, shall be deemed employees and volunteers of the District and shall not be considered employees or volunteers of the County for any County Soccer Field IGA V6.doc 3 • purpose. SECTION FOUR AUTOMATIC RENEWAL AND TERMINATION OF LEASE 4.1 This Agreement shall expire on October 31, 2004. The Agreement may automatically be renewed for subsequent one-year periods, beginning November ls` of each year and expiring October 31$` of the same year, unless either party notifies the other in writing no less than thirty (30) days prior to the renewal date of that party's intent not to renew. 4.2 If the County terminates this Agreement within, or elects not to renew the same after the initial term of the Agreement, the County shall return to the District, without interest, the District's original contribution of Five Hundred Thousand Dollars ($500,000) within sixty (60) days from the date of termination of this Agreement. SECTION FIVE REMEDIES 5.1 If, through any cause, one of the parties fails to fulfill in a timely and proper manner its obligations under this Agreement, and does not, after thirty days written notice of such event given by one of the other parties to this Agreement, cure such default, then the non breaching party may terminate this Agreement. 5.2 The parties understand and agree that Section 20 of Article X of the Colorado Constitution contains certain restrictions on multiple fiscal year financial obligations. Therefore, unless otherwise specified herein, the financial obligations of the County and the District under the provisions of this Agreement are expressly contingent upon such funds being appropriated, budgeted, reserved and otherwise made available each year on an annual basis. In the event the County or District fails to appropriate, budget or otherwise make such funds available in any year to fulfill the obligations under this Agreement, the other party may terminate this Agreement. Notwithstanding anything to the contrary contained in this Agreement, the County shall have no obligations under this Agreement nor shall any payment be made in respect of any period after December 31 of each calendar year during the term of this Agreement, without prior appropriation therefore by Eagle County in accordance with a budget adopted by the Eagle County Board of County Commissioners in compliance with applicable provisions of law. SECTION SIX County Soccer Field IGA V6.doc 4 4 ~ ~ LIABILITY AND INDEMNIFICATION 6.1 To the extent permitted by law, the District shall indemnify, defend and hold the County harmless from and against any and all claims arising from the District's use of the Fields and associated facilities or from the conduct of any activity, program or thing that may be permitted or suffered by the County in or about the Fields, except that neither the District, its agents or its employees will be liable under this paragraph for any claim, loss, damage, cost, charge or expense arising out of any negligent act by the County during the performance of this Agreement. The parties agree that nothing contained herein waives or is intended to waive any protections that may be applicable to the District under the Governmental Immunity Act, Section 24-10-101 et. seq., C.R.S., or any other rights, protections, immunities, defenses or limitations on liability provided by law, and subject to any applicable provisions of the Colorado Constitution and applicable laws SECTION SEVEN INSURANCE 7.1 The District shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damages to property, which may arise, or in connection with the Districts' operation and use of the Fields. All insurance policies shall name the County as an additional insured. The bodily and personal injury limits of such policies shall be no less than the statutory limitations as defined in the Colorado Governmental Immunity Act, Section 24-10-114, C.R.S., with an amount of $500,000 per occurrence and $1,000,000, in the aggregate, or such other amounts as provided by law. SECTION EIGHT NOTICES 8.1 All notices that maybe required or given pursuant to this Agreement by a party to the other, shall be deemed to have been fully given when made in writing and deposited in the United States first class mail, postage prepaid, and addressed as follows: DISTRICT Recreation Director Western Eagle County Metropolitan District P.O. Box 246 Eagle, CO 81631 COUNTY County Administrator Eagle County P.O. Box 850 County Soccer Field IGA V6.doc • r • Eagle, CO 81631 8.2 The address to which any notice, other writing may be given to any party as above provided may be changed by written notice given by such party as above provided. SECTION NINE MISCELLANEOUS PROVISIONS 9.1 No modification or waiver of this Agreement or any covenant, condition or provision contained herein shall be valid unless in writing and duly executed by all parties. 9.2 This written Agreement embodies the whole Agreement between the parties and there are no inducements, promises, terms, conditions or other obligations made or entered into by the parties other than those contained herein. 9.3 This Agreement shall be binding upon the parties hereto, the respective successors or assigns, and may not be assigned by any party without the express written consent of the other parties. 9.4 All terms contained in this Agreement are severable and in the event that any of them shall be held invalid by a court of competent jurisdiction, this Agreement shall be interpreted as if such invalid term or condition is not contained herein. 9.5 The signatories to this Agreement affirm and warrant that they are authorized to enter into and execute this Agreement, and all necessary actions, notices, meetings and/or hearings pursuant to any law required to authorize their execution of this Agreement have been made. 9.6 This Agreement may be amended from time to time by a written agreement duly authorized by all the parties to this Agreement. 9.7 This Agreement does not and shall not be deemed to confer upon or grant to any third party any right enforceable at law or equity arising out of any term, covenant, or condition herein or the breach thereof. County Soccer Field IGA V6.doc 6 ~• i 9.8 This Agreement shall be governed by the laws of Colorado. Venue and jurisdiction for any dispute arising from or out of this Agreement shall lie with the District Court in and for Eagle County, Colorado. 9.9 The District shall have at all times the full and free right of ingress to and egress from the Fields and facilities constructed- thereon. Such right shall extend to persons or organizations furnishings services to the District, including vehicles and machinery. The County and County's authorized representatives shall at all times have the right to enter upon and inspect the fields. 9.10 The District shall not assign this Agreement, sublet, or grant any concession or license to the premises or any part thereof. An assignment, subletting, concession or license, or an assignment or a subletting by operation of law, shall be void and shall at the County's option, terminate this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and yeaz first above written. ~ n ~-- c~, ATTEST: ~ r~'~ ~ ~ ~~ :e~~c 3' ~, ~ A p t .~ ~~' / ,; By• _ E ~,°~~~ Title: B T COUNTY OF EAGLE By: Title: o~-. WESTERN EAGLE COUNTY RECREATION DISTRICT ATTEST: y: By: ~~.~,.- itle: Title: e},g. ~ ,.,Q ,., County Soccer Field IGA V6.doc 7