Loading...
HomeMy WebLinkAbout2014 Ordinance No. 058• ORDINANCE NO. 5f' SERIES OF 2014 BY AUTHORITY COUNCILBILLNO. 61 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, AND SOUTH SUBURBAN PARK AND RECREATION DISTRICT FOR THE CONSTRUCTION OF THE BIG DRY CREEK CONNECTION BICYCLE TRAIL WITHIN CITY OF ENGLEWOOD'S BELLEVIEW PARK. WHEREAS, the City of Englewood is cooperating with the South Suburban Park and Recreation District (SSPRD) in the development, by South Suburban Park and Recreation District of a bike trail within the City of Englewood to connect existing sections of a regional bike trail ; and WHEREAS, the South Suburban Park and Recreation District submitted a plan to the City of Englewood for constructing a part of that bike trail located in Belleview Park; and WHEREAS, the Englewood Park and Recreation Department reviewed South Suburban Park and Recreation District's proposal at their meeting on September 11 , 2014 and recommended approval of this Agreement; and WHEREAS, the City of Englewood owns and controls Belleview Park; and WHEREAS, intergovernmental agreements are authorized by Article XIV, Section 18 of the Colorado Constitution and C.R.S. §29-1-203; and WHEREAS, improvements necessary for the Big Dry Creek Trail Connection Bike Trail at Belleview Park are outlined in the Agreement and Exhibits; and WHEREAS, the City will also grant a Temporary Construction Easement for the District to allow construction of this bike trail. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the intergovernmental Agreement between the South Suburban Park and Recreation District and the City of Englewood, Colorado pertaining to a certain section of the proposed Big Dry Creek Trail Connection Bike Trail at Belleview Park, attached hereto as Exhibit 1. Section 2 . The Mayor and the City Clerk are hereby authorized to sign and attest said Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. 9b ii Section 3. The City Council of the City of Englewood, Colorado hereby authorizes a Grant of • Temporary Construction Easement for "Big Dry Creek Trail Connection" Bike Trail at Belleview Park pertaining to a certain section of the proposed Big Dry Creek Trail Connection Bike Trail at Belleview Park, attached hereto as Exhibit 2. Section 4. The Director of Parks and Recreation is hereby authorized to sign said Grant of Temporary Construction Easement for "Big Dry Creek Trail Connection" Bike Trail at Belleview Park for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 20th day of October, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of October, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of October, 2014 fo r thirty (30) days. Read by title and passed on final reading on the 3rd day of November, 2014. Published by title in the City's official newspaper as Ordinance No. 5f. Series of 2014, on the 7th day of November, 2014. Published by title on the City's official website beginning on the 5th day of November,2014forthirty(30)days. ~~\ ~ ~ ia;{y P. Penn, Mayor - I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is ~tlJle copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 2014. l~ • • • INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF THE "BIG DRY CREEK TRAIL CONNECTION AT BELLEVIEW PARK" TIIlS AGREEMENT is made this __ day of___,,.---"""'.:""~-"".'"""""""'.'.. 2014, between the CITY OF ENGLEWOOD, a mwtlcipal corporation of the State of Colorado, (hereinafter referred to as "the City"); and SOUTH SUBURBAN PARK AND RECREATION DISTRICT, (hereinafter referred to as "District"). WHEREAS, the City of Englewood and South Suburban Park and Recreation District are cooperating in the development and operations of a pedestrian and bicycle trail within the city limits of Englewood across the City's Belleview Park (bike trail) to complete connections for the "Big Dry Creek Trail". NOW THEREFORE, the City and the District agree as follows: A. Bike Trail Improvement Plans: 1. The proposed improvements necessary for the Bike Trail (the "Improvements") are detailed on the plans (the "Plan") in Exhibit A, attached hereto and incorporated herein by this reference. The City hereby grants to the District the right to access and construct the bike trail and improvements in accordance with the terms of this Agreement and the plans and specifications approved by the City . B. Construction, Operation and Maintenance of the Bike Trail: The District will, at its own cost, construct a bike and pedestrian trail across a portion of the City's Belleview Park for the purpose of connecting the Big Dry Creek Trail and the Littleton Conunwtlty Trail. This bike trail shall consist of a crusher fines trail as shown on Exhibit A attached hereto. The District will be responsible for construction of the bike trail and improvements. The District shall endeavor to begin construction upon passage of this Agreement and conclude construction in 2014, provided however, the District shall not be in default hereunder for failure to either begin or end construction by the above-recited dates. The District agrees to construct this bike trail in a manner consistent with the design plans, specifications and the building pennit approved by the City. The District will provide a one (1) year warranty for construction and design. As consideration for this Agreement, once the Englewood Director of Public Works has approved and accepted the completed bike trail, the City will accept ownership of and maintain the bike trail and amenities in a manner consistent with the City's maintenance of its other park facilities for the Bike Trail's useful life. Upon acceptance of this bike trail, in writing by the Englewood Director of Public Works, the City agrees that the bike trail has been constructed in accordance with the design plans and specifications that Englewood has reviewed and approved; and all rights and title to the bike trail will be conveyed to the City of Englewood. E X H I B I T 1 From and after the effective date of the conveyance of the bike trail and improvements, City agrees to own, operate, main~ and replace the bike trail and related improvements. City further agrees that the conveyed bike trail will be available for use by the general public, However, The City reserves the exclusive right to change or remove all bike paths in the City consistent with long range City Parks plans, From and after the date of conveyance the District will have no further obligation for operations, maintenance or replacement of any portion of the bike trail which is the subject of this Agreement. C. Miscellaneous Provisions: 1. Should any one or more provisions of this Agreement be determined to be illegal or unenforceable, all other provisions nevertheless shall remain effective; provided, however, the Parties shall forthwith enter into good faith negotiations and proceed with due diligence to draft a provision that will achieve the original intent of the Parties hereunder. 2. This Agreement may be amended, modified, or changed, in whole or in part, only by written agreement duly authorized and executed by the Parties and the authorized signatories for the Parties. 3. All notices, demands, requests and other communications required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, and regardless whether actually received or not, three days after deposit in the United States Mail, first class, postage prepaid, registered or certified addressed as follows: Englewood: City of Englewood City Manager 1000 Englewood Parkway Englewood, CO 8011 O With a copy to: City of Englewood City Attorney 1000 Englewood Parkway Englewood, CO 80110 District: South Suburban Park and Recreation District 6631 South University Blvd. Centennial, Co. 80121-2913 With a copy to: Timothy J. Flynn Collins Cockrel & Cole PC 390 Union Boulevard -Suite 400 Denver, CO 80228 2 • • \ 4. This Agreement shall be governed by, and shall be construed in accordance with the laws of the State of Colorado. Venue for the trial of any action arising out of any dispute hereunder shall be in Arapahoe County District Court, pursuant to the appropriate rules of civil procedure. S. This Agreement constitutes the entire agreement of the Parties hereto. The parties agree that there have been on representations made regarding the subject matter hereof -other than those, if any, contained herein. That this Agreement constitutes the entire agreement of the Parties with respect 10 the subject matter hereof, and further agree that the various promises and covenants contained herein are mutually agreed upon and are in consideration of one another. 6. This Agreement may be executed in counterparts, and upon full execution thereof, such copies taken together shall be deemed to be a full and complete Agreement between the parties. 7. If litiaation is commenced by any of the Parties concerning Ibis Agreement, the prevailing Party shall be entitled to recover its reasonable attorney's fees and costs form the other Parties. IN WITNESS WHEREOF, Englewood and South Suburban Park and Recreation District have executed this Agreement. CITY OF ENGLEWOOD, COLORADO By. _____________ _ Randy P. Penn, Mayor ATTEST: By:------------ Loucrishia A. Ellis, City Clerk 6631 South University Blvd. 3 Centennial, Co. 80121-2913 303 798-5131 STATE OF COLORADO ) ) ss. COUNTYOFARAPAHOE) f ( 0 , the foregoing instrument was acknowledged before me this _E day of Dft;,lcey , 2014, by John K. Ostermiller, President of South Suburban Park and Recreation District. ~Smyhandz ~--~?;, ?-. Notary Public My Commission expires: f9pn( 1-5;, Zt:J/6', • • • 4 ::c lo ~ !; 0 VI 41 ~ II. 0 .... i < If --------------.. ·-· ... • X M ~ I T A . 1;1 S. WINDERMERE STREET ___ .:! ___________ ..J._____________________ -------------------------------------- i • tQ ~t-4 I fl! IH flllU Big D!Y Creek Trail Connection •inn• t j{~ i( 11:1 1 ( Eng~wood,Colorado h·1•1 I [It ..... .I ti, f r I rl • I! d1lm . \0 ;;; .. z - • ~: 11 ! Iii i 111 n Big Orv Creek Trail Connection 'l}lli' t m~•- ~t""-ll m'l Englewood , Colorado ll1:1n ~ ,~·,; ..... b ~'il•il f 0 rt .. 11 • -.. s - ---~---~---...... _ -·- S. WINDERMERE STREET _______________ .1. __________________ _ t r--'!!-~-.,--,-,-,--- I Q C z m I CII RI rn $ c; :... 0 « ; I I 1 I -!d:-.1 . •+---_ ·-=-.,_ , . ---_-f-----------------------------..-,-·;__ i _,-... .-•"---j---------- • i 111 !! 11!1 i Big Dry Creek Trail Conog,ctlon Englewood, COklrado 1~ • • • n 5 ffl I a I il;siel I i J Htl l1i !i / / l ~: / i IJ / ~- !/ i I "l "! • I • i , \ . . .. ' ' ..... .... __ ,§, I I IH p ' I .. ,1 i I '! I I I .., n11u m•i ~ II) .. N n :Ii :Ill ,.. C ,. I • 8 ~ i F I I I l!l!i ~11 m I ;19 I l~Q lij ! I !11 p1•:r1 i 11" ~I JII ii Cl I l11 it I I 1i , I :. • 211 I • IB Ill ~ s' " •1 . l!I( f~ " 11 l~~ • i I l f r • '•ii ~:, '!! a:i •= • I~ ~ .. •" 1! :1 a! 11 • ' I I Big Dry Creek Trail Connection r1!'ii ! ~·--j~ Englewood, Colotado .,1,1,. f r111 ,, t• ''I .;:; I nh .. - ------·-~-:: .. -:..- S. WINDERMERE STREET ~ r ·· .-----.-.:::;---.,. -~ -------~ --------------------------------------· t •' 1 ,' / / / ,' /--u• ~ i ;,/',. ; "· ' ' f -·· • '-••-•11---C,l,ft ______ f ____________ _ _ .... ....,,... _...,_..t .... _ _..,. ' "t,,f.)'JlV~.a~ ·• f>. ____ _ ~ I "''"-..,, .,,.,.--..._ I ___ _. ., .,... .. ~ j '""-..,.,--" ~ .v•l-'gl!..,. f -.......... "~ } -------- i Big Dry Creek Trail Connection Englewood, Colorado • M-------·-·-~.~-- S. WINDERMERE STREET 1&11115) unum, :E • CA a:: ~ ~ t:d ~ i : : , , ' ,,• 1p I ' i Hi aiatnOOD i { ----' i !Ii U Ht:1 8 l i~ i I , I I \ ' ' I i. ' Big D!Y Creek Trail Connection Englewood, Colorado •!11nr' ll1:~l ' rJ'f •• f 1tl ''l t llh t !E: ~ n ::z: i 111 (/) RI (/J ::z: m I fa ·• "II I -~ ~ ti·-,;11 ~ .;:; - GRANT OF TEMPORARY CONSTRUCTION EASEMENT FOR "BIG DRY CREEK TRAIL CONNECTION" BIKE TRAIL AT BELLEvtEW PARK THIS TEMPORARY CONSTRUCTION EASEMENT is made and entered into as of this_ day of --------,,---• 2014, between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado, ("Grantor"); and SOUTH SUBURBAN PARK AND RECREATION DISTRICT. ("Grantee"), WHEREAS, Grantor owns Belleview Park in the City of Englewood, Colorado; and WHEREAS, Grantee desires to install a bike trail within the Parle pursuant 10 an intergovernmental agreement between the parties executed _______ , 2014; NOW TIIEREFORE, in consideration of the mutual covenants of the parties, more particularly hereinafter set forth, the adequacy and sufficiency of which arc hereby acknowledged, it is agreed as follows: I. Temporary Construction Easement Grantor hereby grants to Grantee, its successors, assigns, contractors, and sub-contractors, a non-exclusive temporary construction casement through, over, under and across the City property for lhe construct.ion of a Bike Trail pursuant to the Intergovernmental Agreement (lhe "Project"), attached as Attachment I. 2. Tenn o( Ea..;ement. The Project will begin no sooner thon November I, 2014 and will be completed no later than December 31, 2014. Completion of the Project will be deemed to have occurred upon inspection and approval oflhe Project by Grantor, and this Temporary Easement wiJI be deemed to have tenninated upon such completion. 3. ~-Grantee shall have the temporary non-exclusive right 10 enter the City property for any reasonable purpose necessary or prudent for the construction of the Project subject to the following restrictions: I) Normal working hours shall be consistent with COOT construction hours, Monday through Friday; and 2) the operation of the equipment and heavy trucks will be pennitted on the Englewood City property R-0-W only during nonnal working hours. 4, Restoration. Upon completion of lhe Project, Grantee will perf onn such restoration and regarding as is necessary or prudent to restore the surface of the City property to its original condition including imgarion facilities. 5. Insurance. South Suburban Park and Recreation District is a "public entity" within the meaning of the Colorado Governmental Immunity Act, CRS §2+10-101, el seq., as amended (the "GIA"}, and shall maintain at all times during the term of this Agreement such liability insurance, by commercial policy or self-insurance, os is necessary to meet its liabilities under the GIA. The South Suburban Park and Recreation District shall show proof of such insurance satisfactory to the City, if requested by the City. The South Suburban Park and Recreation District shall require each Agreement with their Consultant and Contractor, that are providing Goods or Services hereunder, 10 include the insurance requirements necessary to meet Consullmlt or Contractor liabilities under the GIA. .£ X ii I B I 2 • • 6, A-;signment. This Temporary Construction Easement is assignable only with the written pennission of the Grantor, which permission will not be unreasonably withheld, conditioned, or delayed. IN WITNESS WHEREOF, the panies hereto have executed this Temporary Construction Easement on the date and day first written above. CITY OF ENGLEWOOD, COLORADO By: ____________ _ Jerrell Black. Direc&or.of Parks & Recrcatioa The undersigned officer of Grantee has read the foregoing Temporary Construction Easement and agrees for oo behalf of said Grantee that it will accept and will abide by all the tenns and conditions thercot: ennial, Co. 80121-2913 03 798•5131 STATE QF COLORADO ) ) ss. DISTRICT COUNTY OF ARAPAHOE ) ~ The foregoing instrument was ·a~knowledged before me this L day of Ocl:rsf,~ , 2014, by John K.. Ostenniller, President of South Suburban Park and Recreation Disuict. ~Smyhnndand,lp ~ NolJU'y Public :> My Commission expires: f}p~ 15; 2/J/B . 2 INTERGOVERNMENTAL AGREEMENT FOR THE CONSTRUCTION OF THE "BIG DRY CREEK TRAIL CONNECTION AT BELLEVIEW PARK" THIS AGREEMENT is made this __ day of ---::--:---:----::-:::--:-----:----:"J , between the CITY OF ENGLEWOOD, a municipal corporation of the State of Colorado ereinafter referred to as "the City"); and SOUTH SUBURBAN PARK AND RECREATIO ISTRlCT, (hereinafter referred to as "District"). WHEREAS, the City of Englewood and South Suburban Park cooperating in the development and operations of a pedestrian · bicycle trail within the city limits of Englewood across the City's Belleview Park (bike · to complete connections for the "Big Dry Creek Trail". NOW THEREFORE, the City and the District agree as ti A. Bike Trail Improvement Plans: 1. The proposed improvements necessary r the Bike Trail (the "Improvements") are detailed on the plans (the "Plan") in • "bit A, attached hereto and incorporated herein by this reference. The City hereby ts to the District the right to access and construct the bike trail and improv. ments in accordance with the terms of this Agreement and the plans and sp ifications approved by the City. B. Construction The District will, at its own cost, co truct a bike and pedestrian trail across a portion of the City's Belleview Park for the purp e of connecting the Big Dry Creek Trail and the Littleton Community Trail. This bike trai hall consist of a crusher fines trail as shown on Exhibit A attached hereto. e for construction of the bike trail and improvements. The District shall endeavor to begin co ction upon passage of this Agreement and conclude construction in 2014, provided howeve , the District shall not be in default hereunder for failure to either begin or end constructio by the above-recited dates. The District agrees to onstruct this bike trail in a manner consistent with the design plans, specifications and building permit approved by the City. The District will 0 ovide a one (l) year warranty for construction and design. As considerati for this Agreement, once the Englewood Director of Public Works has approved an ccepted the completed bike trail, the City will accept ownership of and maintain the bike tr · and amenities in a manner consistent with the City's maintenance of its other park facilities ti the Bike Trail's useful life. A T T A E N T 1 Upon a eptance of this bike trail, in writing by the Englewood Director of Public Works, the City a ees that the bike trail has been constructed in accordance with the design plans and specifications that Englewood has reviewed and approved; and all rights and title to the bike trail • will be conveyed to the City of Englewood.