HomeMy WebLinkAboutC04-173 Crown Mountain Park and Recreation District~U~-~7~~-~~ PROJECT AGREEMENT 's Project Agreement (hereinafter referred to as the "Agreement") is made this ~ day of ,between Crown Mountain Park and Recreation District, aquasi- munici al corporation and a political subdivision of the State of Colorado acting by and through its Board of Directors (hereinafter referred to as the "District") and County of Eagle, State of Colorado, a body politic and corporate, acting by and through its Board of County Commissioners (hereinafter referred to as the "County") Witnesseth: I. Recitals WHEREAS, the District has applied for a grant from Great Outdoors Colorado, (GOCO) for a ball field fence and backstop at Crown Mountain Park; and WHEREAS, the County will not be a recipient of the grant and the parties intend by this Agreement for the District to be the conduit through which the County will receive the benefit of the grant; and WHEREAS, the Grant Agreement shall be between GOCO and the District, releasing the County of any responsibility under the Grant Agreement; and WHEREAS, the County intends to convey to the District a limited interest in the real property which limited property interest shall be for the purposes of satisfying the terms and conditions of the Grant Agreement. Therefore, in consideration of the mutual promises stated below and other valuable consideration, the parties agree: II. Agreement 1. The District shall use its best efforts to fulfill all the conditions precedent to obtain the grant stated in the Grant Agreement. The County will cooperate with the District and provide all documents reasonably necessary for the District to fulfill the conditions precedent. 2. The County does not assume any obligation to the District to construct, operate, or maintain the improvements contemplated by the Grant Agreement. 3. Unless a claim by GOCO arises out of the negligence or other wrongful act of the County, the District shall be responsible to the County for any claim under the Grant Agreement. 4. The District shall operate and maintain the improvements contemplated by the Grant Agreement, in accordance with established District policy for playground maintenance. Should any claim for personal injuries, property damage or wrongful death be asserted as a result of the construction, operation, maintenance, or use of the improvements contemplated by the Grant Agreement, the parties shall be responsible for such claim ~n the manner provided by the Colorado Governmental Immunity Act. 5. By executing this Agreement the parties do not wave any immunity or limit liability contained in the Colorado Governmental Immunity Act; do not create amulti-year fiscal obligation; and do not create any other financial obligation not supported by a current appropriation. 6. This Agreement does not create any rights in any ~n3ividual not a party to this t~greement. 7. This Agreement, and exhibits, shall constitute the entire agreement of the parties. 8. The County hereby grants to the District a limited license in, and right of entry to, the property (as evidenced by Lease Agreement dated November 18, 2003) for the purposes stated and for no other purpose. Such license and right of entry shall be exercised only in the event the County has failed to comply with the requirements of the Grant Agreement and shall include all rights reasonably necessary, as determined by the District, for the District to enter upon the property and perform its obligations to GOCO under the Grant Agreement. This right includes the ability of the District to use its employees, agents or outside contractors. This license and right of entry further includes the right to enter upon the property with any equipment or vehicles. 9. This Agreement, including the limited right of entry and license, shall terminate simultaneously with the termination of all District obligations under the Grant Agreement. CROWN MOUNTAIN PARK AND RECREATION DISTRICT By: ~ ~~ uQ..O Title: ~~~ rQ ~,~.-„~- ATTEST: ' ,, By: tom" ~~'yI .~~_ i% - - ~---- COUNTY OF EAGLE, STATE OF COLORADO By and Throu~~ts Bp~rd of County Commissioners ,~,'s``~t:~- ~ Tom ATTE T• ," ~ ~~. "~~ ~~ ~ $y .' Cle k to the Boar °`°~`~~ Teak Simonton, County Commissioners 2