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
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"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.