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Home My WebLink About2001 Ordinance No. 028• • ORDINANCE o.:2:$ SERIES OF 2001 BY AUTiiOR£TY OUN ClL BrLL 0 . 27 I RODUCED BY CO CIL MEMBER WOLOSYN AN ORDINAL'-ICE AUTHORIZI GAN IN'l'ERGO RNMEN'I'AL AG RE EMENT FOR MAJNTE ANCE OF THE BIG DRY CREEK TRAlL BETWEE SOUTH S URBAN PARK A.NT) RECREATIO DISTRICT AND THE ClTY OF ENGLEWOOD. WHEREAS . there hes bee n a J0 tnt effort by several entities including th South Suburban PBJ"ka and Recreation D1smct and the City of Englewood to increase and enhance the ensting open p ce areas and tram tn t he South S burban are ; and WHEREAS , the City bas easements for and oonatruct:ion is proceeding on a new portion of the Big Dry Creek Trail within En glewood between Belleview P ark and uth Platte River ; and , South S uburb an Park and ReeNation Distnct performa regular maintenance on other trails in the metro area and 1t is tn the interest of both parties £o r the D1Btnct to co nd uct SJmilar regular U11UDtenance on thlB new portion of the Big Dry Creek 1'ratl. OW , THEREFORE . BE TT ORDAINED BY THE CITY CO , CIL OF TRE CITY OF E GLEWOOD . COLORADO, AS FOLLOWS: ~-The Englewood City Council hereby authorizes ntenng into I.he "lnte rgovernmental Agre emeu t For '.\laJDt.enance O{Tbe Big Dry Creek Trml" bet een the City and South Suburban Park and Rf'CJ"eatlon District, atta ched hereto as "Attachment l ". ~on 2. The May or is authorized to execute and the City Clerk to attest and al the "Intergovernmental Agreement For Mruntenance Of The Big Dry Creek Trail" for and on behalf of the City of Englewood , Colorado Introduced. re din full . anrt pa e on first reading on the 21st day of May , 2001. Publish d 81 B1U for on Ordinance on the 25th de.y of 01. 2001. Read b utle and passed on final reading on the 4 • do of June. 2001. -1- 10 b iv Publilhed by btle ae Ordinance o. ~ Series of 2001, on th.e th day of June, 2001. I, Loucrubia A. Ellia, City C'.erk of the City of En wood , Colorado, hettby certify that the above and foregoing is a true CIJPJ'.}2_f the Ordinance pa.saed on final reading: and publiJhed by ·t1e u Ordinance No.~ Series of 2 1/J ·~~:#J -2- • • • • INTERGOVERNMENTAL AGREEMENT FOR MAINTENANCE OF THE BIG DRY CREEK TRAIL THIS AGREEMENT, cnt into thls 9th day of May, 2001 by and between the City of Englewood (referred to hereunder as "the City"), whose address is ; 000 Englewood Parkway, Englewood, Colorado, 80110 and South Suburban Parle and Recreation District (referred to hereunder as "the Dis trier''), whose address 1s 6631 South University Boulevard, CenlCMial, Colorado 80121-2913 . WHEREAS. there has been a joint effort by several entitie including the District and the City 10 create a portion of the trail along Big Dry Creek which would adJ to and connect with the existing open space areas and trails . WHEREAS, the City owns or has casements for the proposed portion of the Big Dry Creek Trail lying within Englewood, between Belleview Park and the Platte River. WHEREAS. South Suburban Parle and Recreation District performs regular maintenance on other trails in the south metro area . WHEREAS, it is in the interes t of both parties for the Di trict to conduct imilar regular maintenance on this new portion of the Bi g Dry Creek Trai l. OW THEREFORE, for mutual consideration., the receip rifwhich is hereby acknowled ged . the parties agree as follows : l . The District shall ha\-c the right, but not the obligation, to pctfc,m regular mamtenanc<: service on lhe Big Dry Creek Trail as described ir. Exhibit A. 2. This regular maiutenance may i elude but shall not be limited tu mowing along the edges of the trail;sweeping, snow and ice removal, de bri s clear>Jp , pruning, pesticide applicat ion and graffiti rc:mo•,al . 3. Th e City shall permit the Distr ict access 10 and along the trail for purposes of said mainten ance . 4 . This Con1rac1 ma} not be modified. amended , or otherwise altered unless mutuall y agreed upon in writing by the parties . 5. Th e Di stnct by and through its employees 'Uld agents shall be considered for all purposes of 1h is . greemcnt, to be indcpende'll contractors and not employees of the City . 6. The Cny by and through its employees and agents sh all be considered for all purposes of this Agreemen r, 10 be independent contractors and not employee-s of the D:strict. Pa e I • • • 7. The District shall not assign or transfer its interest in this Agreement without the written consent of the City . Any unalllhori=i assignment or transfer shall render this Agreement null, void, and ofno effect as to the City. 8. The District shall be responsible for the quality and completion of any maintenance performed under this Contract. 9. Either party of this Agreement may terminate this Agreement by giving the others party 30 days ' notice in writing with or without good cause shown . Upon delivery of such notice by the Dist'!ict to the City and upon expiration ofth 30-day period, the District shal 1 discontinue all services in connection with the performance of this Agreeme nt. 10 . All nouces and communications under this Agreement to be mailed or delivered to th e Cit y shall be 10 the following address : Director of Parks and Recreation City of Englewood I 000 Englewood Parkway Englewood, Colorado 80110 All noti ces and communications penaining to this Agreement shall be mailed or delivered to the District at the following address : Manager of Parks South Suburban Park and Recreation District 6631 South University Boulevard Li ttleton. Colorado 80121 11 . The terms and conditions of this Agreement shall be binding upon h party, its uccessors and assigns. 12 . othing herein shall be construed as creating t. t'ersonal liat-1\ity on the pan of any officer or agent of any public lx,dy, which ma• · e party hereto, nor shall it be constrUcd as giving any right s or benefits hereuncler to anyone other than th City or the District. Pa11e 2 S WHEREOF. the parties here to ave ex ecu ted thiJ Agreement th e da y and • year first written abovr . CITY OF E GLE WOOD ~, SOUTH SUBURB AN PARK D RECRE TIO DISTRICT Attest: • ,,_cf ,/ Charles E. Stroh, ecretaiy • • • EXHIBIT A TERGOVERJ MENTAL GREEME T \VI TH CITY OF E GLEWOOD FOR THE 1AI TE ANC OF THE BIG DRY CREEK TRAJl. Maintenance to be ,:,crfo1111ed on a continuous, scheduled basis by South Suburban Parle and Recreation District. I. Trail -user safety & trail in& .. ;ctio ns The District will regular ly sche1ule inspections of the con dition of rail ings, bridges, and irail surfaces proper and adequate sigJ:13ge and lighting, removal of d ris, etc. mas of erosion and need for bank stabilization will also be monilored and addressed as necessary . Frequency ofin,,;pec tions will be based upo n the amount of trail use, location. age, and the type of construction . Di.ring scheduled trail inspections, occurrences of ,ffiti and other vandalism shou ld be not ed, d remo,·ed or repaired as promptly le . 2. Trail swctping Trail sweeping will be performed on a regularly scheduled basis (typically twice per month) . 3. Trash rem oval Trash rcmo al will take place on a regular ly 5'.hcdulcd basis (typic ly once per week from March -Octobe r and twic.c per month from ovember-Fe:bru ary). 4. Tree and shrub prunin g Prun;ng will be perfonr;ed to es tablished specifications on a scheduled and as nLcded basis 5. o ing of \·egetation The District\ ill mo vegetation along the trail to a width not lo ex 1. ed six-feet on either side of the trail ay and on a scheduled basis of at least four times per year. 6. Sn ow and ice removal The Disuict will remove snow and ice from the trail as soon as possible after t sno wfall. 7. Weed co ntrol The District will accomplish weed control along the edges and surface of the trail to the extent necessary to provid e for safery of the users as well as for aesthetic purpo es . ~ 0 .J w ·"' "' .., .. --------7 , I "·· I '· \ \ I I I I \ i I_ \ I l / I ··-........... f ......... Q,~........ ~,~u.u.~ _ .. ,..... ...... .... ...-. ........ Parll ......... llwlfl ""-0..-..•"--Clllevlllllllrtna\ .............. .__ .-. .... '. • • • CO U NC IL COMMUN ICATIO .. Date: Age nda Ite m: Subj ect: May 21, 2001 11 a ii Big Dry Creek Tr ai l Maintenance ~ Initiated By: Staff Sou.rce: Departmen t of Parks and Re crea tion Je rr ell Black, Director of Parh and Recreation Dave lee, Mana11e r of Open S0ace COUNCIL GOAL A D PREVI O US CO UNCIL ACTI O N Council has previ ou sl y approved funding fo r construct ion and accepted property for the Big Dry Creek Trail Pr0iect: Cou ncil Bill No. 40, Ordinance o. 40, Series of 1993, fo r the funding o th e preparation of the Big Dry Creek Bi cycle Trail Master Pl an. Council Bill No. 2, Ordinan ce No. 2, Series of 2000, for the acceptance of a grant of property from RAC O Famll Partners hip. Council Bill No. 66, Ordinance No.63 , Series of 2000, for the acceptance of a grant of property from Tom G. King . Council Bill No. 72 , Ordinance No. 70, Series of 2000, for the granting of a license by RTD to the City of Englewood for th e Big Dry Creek Trail . Negotiations for ec1semen t agreeme nts are still pend ing wi th the Burlington Northern and Unio n Pa cific Railway Companies fo r comp letion of this trail project RECOMMENDED ACTION Sta ff recommen ds that Cou ncil approve an Intergovernmental Ag reement for main tenance of th e Big Dry Creek Trail. BACKGROU ND, ANALYS IS, AN D AlTER NATIVE S IDENTIA EO A segment of the trail was initially co nstructed through Bell evi ew Park i n 1997. A second phase of trail has been constructed from th e Windermere Street to the Platte Rive r. South Suburban Park and Recrea tion Dis tri ct has agreed to perform trail maintenance for the second phase of th e trail from Windermere to the Platte River . So uth Suburban currentl y ma intains the trail sys tem along the Sou th Pl atte Riv Pr, which includes nume ro us seco nd ary tr ail rou te connectio ns. The Englewood Parks Department will co ntinue to ma in tain th e portion o the trai l throu gh Bell eview Park. FINA CI AL IMP ACT The re Is no financial impact to th e LI IV of Engl wood . LIST O F ATTACHMENTS Proposed Bill tor an Ordinan e IG A Big Dry Creek Trail Area Map & Pro ject Partners • r ... USA•-• c..,.....,. • ltff u.,i...,.., v_____._ Ma..,.. .... I , 1, ..... D!-..a. l+e ◄◄~--Existing Trail ◄··········· Proposed Trai l Segments • ---On Slrec( Routes • ll'8J, Lire TnU Ro-Joins Dig o.y n:dc •• Anpohoe Rood • Tl,e /Jig Dry Creek Trail and Greemvay: Platte River to Higli Line Ca,u,/ Project Partners The South uburban Park founda tion, In c. in cooperation with : Arapahoe County Bow Mar Cherry Hills Village Columbine Valley ity ofEnglewood Greenwood Village City of Lillleton South Suburban Park & Recreation District GO Colorado Stale Trails Program Urban Drainage and flood Control Di strict