HomeMy WebLinkAboutC84-007 Roaring Fork School District RE-1AGREEMENT OF DEDICATION THIS AGREEMENT made and entered into this o�—u day of , 1984, by and among EAGLE COUNTY, COLORADO (hereinafter "the Co ty"), the ROARING FORK SCHOOL DISTRICT RE-1 (hereinafter the "District") and BLUE LAKE DEVELOPMENT COMPANY, a Colorado corporation (hereinafter "Blue Lake"), WITNESSETH: 2 8 0 4 6 7— WHEREAS, Blue Lake has applied to the County for the approval to 6M3,ff4l develop the Blue Lake Planned Unit Development (hereinafter the WE 16 "P.U.D.") as a residential and commercial subdivision; and JOHNNETTE PHILLIPS WHEREAS, the said P.U.D. is located within the boundaries of the EAGLE CTY.RECORDER Roaring Fork School District RE-1; and "R 30 Z 55 PM '84 WHEREAS, the District has requested and Blue Lake has agreed to dedicate a portion of the P.U.D. for school site purposes; and WHEREAS, the school site area of approximately 7.9 acres designated as open space district on the final plat of the P.U.D. is not of ade- quate size to develop a school and related facilities thereon, and the District anticipates acquiring additional land adjacent to said open space district to provide an adequate land area for the development of a school site; and WHEREAS, parties desire to provide for the use and maintenance of the area to be dedicated prior to the acquisition of such additional land and the development of school facilities thereon; and WHEREAS, the parties further desire to provide for the public's continued use of the park and recreation facilities developed by Blue Lake on the school site even after commencement of use of the school site for school purposes, provided that such public use is not in conflict with the school purposes. NOW THEREFORE, in consideration of the promises and agreements herein contained, the sufficiency of which is hereby acknowledged, the parties hereto hereby agree as follows: I. Dedication of Site/Provision of Utilities. Blue Lake agrees to dedicate and convey for school purposes, that certain parcel of real property (hereinafter the "school site") containing 7.9 acres, more or less, depicted on the final plat of the P.U.D. as an open space district and specifically described on Exhibit "A" attached hereto and incor- porated herein by this reference. Blue Lake shall, prior to the recording of the final plat for the Blue Lake P.O.D., Phase I, execute and deliver to the County a Warranty Deed dedicating the school site for school purposes and the County shall hold legal title to the school site until conveyance to the District for school purposes, subject always to the provisions of this Agreement. Blue Lake further agrees that for the purpose of facilitating the future development of a school facility on the school site, it will "stub -out" onto the school site all utilities which Blue Lake is otherwise installing throughout the P.U.D. It is acknowledged and agreed that the Mid Valley Metropolitan District will be the supplier of water and sewer services to the subject area and that accordingly Blue Lake is unable to waive the District's payment of water and sewer tap fees as requested by the District. Accordingly, the District shall be required to make arrangements with the Metropolitan District for such water and sewer taps. 2. School Site Use and Maintenance. Prior to the District com- mencing use of the school site for the development of a school facility thereon, Blue Lake and its successors shall be entitled to utilize the school site for park and recreation purposes, including the construction of fields, courts, playground and picnic facilities, parking areas, and other recreational facilities as generally depicted on the landscape plan, attached hereto and incorporated herein by this reference. It is the parties intent that a significant portion of the facilities to be constructed by Blue Lake or its successors on the school site will be utilized in connection with future development of a school facility on the school site, with the probable use of part or all of the playing fields for actual construction of school facilities. It is the parties further intent that the park and recreational facilities constructed by Blue Lake or its successors on the school site will be available for continued public use even after the commencement of use of the school site for school purposes, provided that such public use is not in conflict with use of the site for school purposes. The District shall be entitled to charge appropriate fees for the use of the District's facilities, provided that such fees are in accordance with the Dis- trict's then existing policies. It is the express intent of the parties that the public's use of such facilities is to be encouraged rather than discouraged. The County shall assume no maintenance obligations in connection with the school site except upon further express written agreement between the parties. The District shall assume no maintenance obli- gation in connection with the school site until the District gives Blue Lake, or its successor, written notice of its intent to utilize the school site for school purposes or until the District otherwise com- mences use of the school site for school purposes. In the event Blue Lake or its successors intends to construct improvements of a substan- tial nature in addition to those depicted on the attached landscape plan, it shall give the District written notice of the proposed improve- ments and the District shall, within sixty (60) days of such notice, approve or disapprove such improvements. If the District fails to give written notice of disapproval within said 60 day period, the District shall be deemed to have approved the proposed improvements. It is the parties intent that the District's right of approval as herein provided will minimize the disruption of such improvements in the event of future school facility development on the school site. 3. Liability/Insurance. Neither the County nor the District shall have liability in connection with claims, loss or damage resulting from the use and maintenance of the school site by Blue Lake or its succes- sors and Blue Lake or its successors shall indemnify the County and District and hold such entities harmless against any such claim, loss or damage. Blue Lake will provide public liability and property damage insur- ance with Blue Lake, the County and the District as named insureds, covering usage of the school site. The amounts and the risk coverage shall be the same as those obtained by the District pursuant to the Colorado Governmental Immunity Act as to damages for injuries or death resulting from those conditions or types of activities referred to in C.R.S. 24-10-106 (1) (a) through (f) . 4. Termination. This Agreement shall be and remain in affect for a period of twenty (20) years from and after the signing hereof, and shall automatically be extended for successive periods of one (1) year thereafter, unless and until until the District gives written notice to Blue Lake, or its successor, of the District's intent to utilize the school site for school purposes, provided that such notice shall be given at least three (3) months prior to the District's commencement of use of the school site for such purposes. In any event, the public shall be entitled to use of the school site and its facilities pursuant to the foregoing provisions, provided that such use shall be in accor- dance with the District's then current policies for joint use of school facilities; provided that if the District's policy is not uniform as to all facilities within the District, it shall apply its most liberal policy for use of the facilities on the subject school site. 5. Blue Lake's Successor. It is understood and agreed that Blue Lake's right to use the school site as herein provided may hereafter be assigned to a Homeowner's Association, Metropolitan or Recreation District, or a similar entity and said entity shall thereupon assume the obligation to maintain the facilities and improvements on the school site until such time, if any, as the District assumes such obligations. 6. Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. P S lerk of the Deatd secr tary STATE OF COLORADO ) COUNTY OF Lp-41�1'- - • ) COUNTY OF EAGLE, STATE OF COLORADO by and through its Board of County Commissioners / ROARING�RK SCHOOL DISTRICT RE-1 n BLUE LAKE DEVELOPMENT COMPANY, a Coloradoi co=6rae3ln Subscribe d rn o bef a me this/� • 3 day o/£/ , y19$4, by ../� .. , �\' ...... ......arr?. - - (- - - ,- ..... • . • • as the Board, of County Commis- r_,s�oners of the County of Eagle, State of Colorado. '..-. Witness my hand and o£fic'a. s 1 _ - - My commission expires: y- - o Notary Public STATE OF COOJOR7 ) //// ) ss. COUNTY OXdz11VzdV &kwl Subsc ed and savor o fore this day fL4:� 1984, by s of Roaring Fork Scho District RE-1. ��•� Witness my hand and official seal. n' 1 ',^_,'•. My commission expires y-COFAissiM.E+ h-1 lilt} 16, 1934 No Public.. STATE OF COLORADO ) ) ss. COUNTY OFJeff erson) Subscribed and sworn to before me this 12th day of March 1984, by Alan A. Storey as President, and Neil J. Rudolph as Secretary of Blue Lake Development Company, a Colorado corporation. Witness my hand and official seal. My commission expires: 2-17-86 otary 1 c 1260 W. Colfax Ave., A-202 Lakewood, CO 80215 3 ` EXHIBIT "A" . titer BLUE LAKE PLANNED UNIT DEVELOPMENT OPEN SPACE A parcel of land located in Section 34, Township 7 South, Range 87 West of the Sixth Principal Meridian, Eagle County, Colorado. Said parcel of land is more particularly described as follows, to wit: Beginning at a point on the northerly right of way line of J.W. Drive from which a Brass Cap set for the Southeast Corner of Section 33 bears S49°52'25"W 2232.91 feet distant; thence following said northerly right of way line of J.W. Drive the following courses and distances: 1) 5.32 feet on the arc of a curve to the right having a radius of 633.50 feet, the chord of which bears N88°14132"W 5.32 feet 2) 94.97 feet on the arc of a curve to the left having a radius of 55.00 feet, the chord of which bears N78027149"W 83.60 feet 3 ) 21.49 feet on the arc of a curve to the right having a radius of 25.00 feet, the chord of which bears S 76 ° 41' 30 "W 20.83 feet 4.) 674.25 feet on the arc of a curve to the right having a radius of 633.50 feet, the chord of which bears N48°11'46"W 642.87 feet. 5) N17042120"W 109.99 feet thence leaving said northerly right of way line of J.W. Drive N72 °23' 14 "E 648.09 feet; thence S00111' 23 "E 741.50 feet to the place of beginning. Said parcel contains 7.1035 acres, more or less.