HomeMy WebLinkAbout1978 Ordinance No. 035•
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INTRODUCED AS A BILL BY COUNCILMAN WILLIAMS
BY AUTHORITY
ORDINANCE NO. 35 , SERIES OF 1978
AN ORDINANCE APPROVING AN AGREEMENT ALLOWING THE CITY OF ENGLEWOOD,
COLORADO TO USE Ll\NDS AND IMPROVEMENTS COMMONLY KNOWN AS DUNCAN
SCHOOL OWNED BY SCHOOL DISTRICT #1 OF ARAPAHOE COUNTY AND PROVIDING
FOR THE TERMS OF THE SAID USE.
WHEREAS, School District #1 of Arapahoe County (School)
is the owner of certain real property with improvements which is
not immediately needed for school purposes; and
WHEREAS, the City of Engl.ewood (Englewood) desires to use
the property for the mutual benefit of the citizens of Englewood
and the School District.
NOW, THEREFORE, BE I T ORDAINED BY THE CITY COUNCIL OF THE
CITY OF ENGLEWOOD, COLORADO, as follows:
Section 1. The City of Englewood shall enter into a written instru-
ment captioned "USE AGREEMENT" with School District #1 of Arapahoe
County Colorado which is attached hereto, consisting of six type-
written pages, and is incorporated herein by reference. Said
instrument generally provides as follows:
a. Englewood shall be entitled to use lands and building
of facility legally described as Lots 1 thru 9 and Lots 28 thru 36,
Block 1, Harpers Subdivision, known as 4846 South Pennsylvania, to
provide park and recreation services for the community.
b. Englewood shall pay $1.00 to the School, in advance,
for each year it uses said facility.
c. Englewood shall hold harmless the School as a result
of Englewood's use of the facility.
d. Englewood shall maintain the facility, not make
alterations without permission, pay for all utility and other charges,
keep the building in good re pa ir, maintain insurance for personal
injury and property damage.
e. The Agreement is cancell~ble by either Englewood or
the School upon one (1) year's written notice .
Section 2.
The City Council of the City of Englewood, Colorado,
hereby authori zes the Mayor of the City of Englewood, Colorado,
to subscribe his name to said Agreement on and in behalf of the
City Council and the City of Englewood, Colorado, and the Director
of Finance, ex officio City Clerk-Treasurer attest the same.
Introduced, read in full, and passed on the first reading
on the 2nd day of October , 1978.
Published as a Bill for an Ordinance on the 4th day of
October , 1978.
Read by title and passed on final reading on the 6th
day of November , 1978.
Published by title as Ordinance No. 35 ,
1978, on the 8th day of November -,-=-1-=9-=7-=-9.
Series of
Ma yor
ATTEST:
~~ ex officio=cf erk-Treasurer
I, William D. James, do hereby certify that the above
and foregoing is a true, accurate and complete copy of the
Ordinance, passed on final reading and published by title as
Ordinance No. 35 , S ri c s of 1978.
~~~ ex officio cierk~reasurer
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LAW OFFICES
RICHARD H . SIMON
SUITE 703. FIRST NATIONAL BANK BUILDING
333 WEST HAMPDEN AVENUE
ENGLEWOOD, CoLORADO 80110
TEHRAN':£ J . ROW
I.ATE
TELEPHONE 13031 761-82~3
November 1, 1978
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Bernard Berardini
City Attorney
City of Englewood
3400 South Elati Street
Englewood, Colorado 80110
Dear Bernie:
Re: Use Agreement
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School District No. 1 -
City of Englewood
Enclosed you will find a redraft of the Use Agreement between
School District No. 1 of Arapahoe County, Colorado and the City of
Englewood with reference to what is commonly known as the Elsie
Duncan School premises. I was informed that when the proposed Use
Agreement was submitted to the City Council on October 16, 1978, an
objection was raised with reference to the obligation of the City of
Englewood to maintain the structural and exterior portions of the
building on the premises and the provision for termination being limited
to 90 days.
Although this redraft has not been submitted to the Board of
Education for approval, it is my understanding that the Board of Edu-
cation will approve the changes which have been made in paragraph (2)
requiring the giving of a one-year notice by the school to revoke the
agreement and a similar provision in paragraph (7) with reference to
cancellation or termination, this change being one year rather than
90 days. Another change is to be found in paragraph (5) (j) concerning
repairs wherein it now provides, "The User shall, at User's sole
expense, keep the premises, and every part thereof, in good condition
and repair, except the structural and exterior portions of the building
on the premises ."
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Bernard Berardini Page Two November l, 1978
It is hoped these changes will meet with the approval of the City
Council and if such is the case, please have the document signed by the
Mayor and attested by the City Clerk-Treasurer and return two signed
copies to me after which I will submit the same to the Board of Education
for execution.
Thanking you for your courtesy and cooperation in this matter,
I am,
RHS:ks
Enclosure
cc: Roscoe Davidson
Sincerely,
Richard H. Simon
USE AGREEMENT
THIS AGREEMENT made and entered in to on this----day of
-----------' 1978 , by and between School District *I of
Arclpahoe County, Colorado, her ei nafter referred to as the SCHOOL,
pmty of the first part, and The City of Englewood, a Municipal Corpor-
ation of the State of Colorado, hereinafter referred to as the USER;
WITNESSJ:TH:
THAT WH£R£AS, the School is the owner of certain real property
located m the County of Ar a pahoe and Sta te of Colorado which is described
els follows, to w1t:
Lot s 1 thru 9 and Lots 2 8 thru 36, Block l ,
Harpers Subd1v1 s wn , known as 4846 South
Pennsylvania,
AND WH£REAS, the School is not immediately in need of the use
of the aforesaid property for its purposes; and
WHEREAS, the User is a community organization providing
facilities and services for the use of the community; and
WHEREAS, the parties herein believe that for the best intent st of
the public that the parcels hereinabove described should be used by the
User for the citizens of the School District and City of Englewood.
NOW, THEREFORE, in consideration of the premises and other
good and valuable consideration, hereinafter appearing, the parties
hereto agree as follows:
(1) CHARACTER OF USE:
It is mutually agreed that the User, at its own expense and
at no expense to the School, shall use the lands and building herein
described to deliver community park and recreation services.
(2) REVOCATION OF GRANT:
The School reserves the right, however, to withdraw the land
herein described from this Agreement, at any time as may be necessary, if,
in its opinion, it is necessary to use the property herein d e scribed for the • purposes for which it was acq u 1r t'd and/or cons tructe d. The School must
give the User at least one (1) y e r's notice of s uch action.
(3) CONSIDERATION:
!'or and 10 con s id e ration of the nomina l sum of $1. 00 per year,
payable for the imme diate year on or b efore the execution of this Agreement,
the receipt of which is hereby confes sed and acknowledged, and for each
year thereaft er on the anniv(:!rsary date of th is Agreement, the School
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I hereby grants a license unto th e User for the purpose s of entering upon,
using and maintaining the aforesaid facility for the uses hereinabove
described, subject to withdrawal of the land pursuant to paragraph (2)
above, free of the aforesaid license.
(4) HOLD HARMLESS:
The U s er agrees to save harmless and defend the School from
all suits, actions, demands or claims of law or i nequity, arising as a
result of the use and operation of the l ands herein described.
(S) OBLIGATION OF USER:
(a) Use; The premises shall be used solely for the facility
and use described in para9raph (1) above or for s uch other purposes as
the School may approve. Th e User will not carry on or permit upon the
premises any offensive, noisy, or dangerous activity or any nuisance to
the public or to the adjoining neighbors . The User will pay, upon demand,
any damages to the premises caused by the misuse of same by it or its
agents or its employees .
(b) Maintenance: The User is responsible for maintaining the
premises and each part thereof in an attracti ve, good, safe, and operating
condition. The User shall keep adjacent sidewalks, curbs, drives, in good
and safe condition and free of ice, snow, and obs tructions. The User shall
keep the premises free of trash, junk and debris. In the temporary keeping
and the Umely d isposa l of all waste or refuse, the User sha ll do so in a
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manner so as not to contribute to water or air pollution.
• (c) Alterations; The User will not make or permit any alterations
or additions to th e premises or place any additiona l structures, facilities
or equipment on the premises without the School's prior written approval.
The User shall submit plans for minor remodeling to the Board of Education
for approval. No major remod e ling that would preclude the use of the
School by the District for purposes housed prior to this Agreement will be
permi tted. Upon termindlion or CilnccUat1 n of this Agreement, the User
I shilll restore or replace any portion of the premises damaged or otherwise
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affect ed by such alterations, additions, structures, facilities, or equip-
ment, unless such restoration repair was waived by the School at the time
approval was given for such addition or alteration . At the School's option,
exercisable prior to the effective date of any such alteration, additions,
structures, facilities, or equipment, or any time thereafter, the School
may require the User to post bond in favor of the School with a reputable
bond company or otherwise provide security satisfactory to the School in
• an amount sufficient to cover School's estimation of the costs of such
restoration or repair.
(d) Expense: The User shall pay (1) all license, use or
other fees; (2) all water, electricity, sewer or other utility or service
charges; all charges for installation and maintenance of telephone
ser vice; and for all other operating expenses.
(e) Compliance with law: The User will comply with all
federal, state, county, mun icipal and other laws, ordinances, rules and
regulations relating to all or any part of the following: (i) the premises,
(ii) the operation of the facility conducted thereon, (iii) the maintenance
of the premises, (iv) any product on, in or sold from th premises; and
the User shall refrain from using the premises in any way in violation
of such law, ordinance, rule or r e gulation. In the event there are any
amendments in existing local, state or federal laws, regulation or new
1 ws or regulation s are promulgated wh ich require alterations, improve ments
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or chonges in, or add1tiom1l equipment at, th e premises, the School will
• comply i n the a lte ration s and improve me nts in the building structure which
will become a part of the pr emises as described herein, at the School's
expen se , and the User w i ll comply with tne same at its expense in all
othe r cases.
(f) fire and notice: The User will take all n ece ssary precautions,
mcluding adoption of compliance with all reasonable and customary fire
pr evention and safety meas ur es t o avoid prope rty damage and bodily
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I injury. The User shall give notice to the School in case of destruction
or s ubstantia l dumage t o t he premises by fire or other casualty.
(g) Condition of the premises; The User accepts the premises
in an AS IS CONDITION, WITHOU T WARRANTY, EXPRESS Ott. IMPLIED, AS TO
MERCHANTADILITY, TITLE, CON DITION , OR FITNESS FOt~ ANY PURPOSE.
The User will n ot hold the School respon sible for any d e fect in or changes
in conditions affe cting the premi s es or for any damage to the premises.
(h) l.1 ns: Th User will k p the pr e mi ses free of all liens
and/or claims to be placed on the premises, for whatever reason, to be • removed w1thin 30 days after the User has knowledge of such lien; and
the User agrees to release, indemnify and hold the School harmless from
and agains t such liens and/or claims .
(1) Surrender of premises: The User will, on termination or
cancellation of this Agreement, surrender the premises to the School, in
a good order and condition, and when applicable, in compliance with the
provisions of paragraph S(c). If the User remains in possession of the
premises after termination or cancellation of this Agreement, the School
sha ll have the right to take p osses sion by any lawful means, using such
force as may be necessary, w i th ou t resort to any court process.
(j) Repairs: The User shall be respons i ble for all repairs and
keep the prem ises and every par t therein in good condition and repair.
The School s hall not be liable for repair and ma intenance of the premises.
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The User shdll, at User's sole expense, keep the premises, and every
part thereof, in good conditio n and repair, except the s tructw-al and
e xte rio r porti on s o f th e b uil d1n o n th e premi s es . Th e School shall not
be liable for a ny failw-e t o make any r e pairs or to perform any maintenance.
(6) I N SU RANCI::
Th e S chool shall continue to maintain fire and comprehensive
in s urance on buildings and land described herein during the term of this
Agree me nt. The City will cover th e build ing s and park area with public
liability insur<i n ce .
Th e User sha ll, a t U ser's expe n s e, obtain and kee p in force
dur i ng the t rm o f this l c.Jsc , poll y o f c o mprehe n s ive public liubility
ins urance, in suring the S chool and the U ser against any liability arising
out of the ownership, use, o ccupancy, or maintenance of the premises,
and all area s appurtenant th e r e to. Such m s urance shall be in the amount
o f not l ess tha n $300,000 er i njury or d ea th to one person in any one
accident or occurrence, or in an amount not less than $500, 000 for injury
or death of more than one pe rson in any one accident or occurrence. Such
i nsurance shall further insure School and User against liability for property
damage of at least $50, 000, the limit of any such insurance shall not,
however, limit the liability of the User hereunder. The User shall deliver
to School, prior to right of entry, copies of the policies of insurance
required herein, or certificates evidencing the existence or amounts of
s uch insurance with loss pay a ble clauses satisfactory to the School. No
policy shall be c a ncellable or subject to reduction of coverage. All such
policies shall be written as primary policies not contributing with, nor in
excess of the coverage which the School may carry.
(7) CANCELLATION OR TERMINATION:
At any time, either party may cancel this Agr eement by giving
the other a written notice of cancellation at least one (1) year prior to the
dcJt c of cance ll a tion •
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IN WITNESS WHE Rl:Of , th e School h as caused these presents to
be executed by the President of its School Board and a ttested by the
Secretary thc:rcof, and the Us er has caused these presents to be executed
by the Mayor.
Atte s t:
Secretary
Attes t:
ex officio City Clerk-Treasurer
SCHOOL DISTRICT NO. 1
Pr esident
c ITI OF ENGLEWOOD I COLORADO I
a C o lorado Municipal Corporation
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