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11-30-1996 Avon Elementary School/Joint Use AgreementJGNI DI - AI IVAUNL.Ia r11 -uv -av r u• V it is uUA11V LM L-M IML-L %,IU%A.2AII vvv Wzu UXUU7 r 4.1 ai MEMOXk K DUM TO TOWN COUNCIL FROM TOWN ATTORNEY RE AVON ELEMENTARY SCHOOL /JOINT USE DATE 11/30/96 On your agenda is a Joint Ise agreement between :he Town and the Eagle County School histricl.: which provides i9r joint use of Avon Elementary Scho :,'_ and the adjacent grounds. This agreement was prep,.-.zed by the District's attorney and reviewed and approved by me. Council reviewed it in July and made some comments. The present eiraft of the agreement contains two changes, based on those comments. The third recital on the first page adds "recreation" to the enumeration of uses of the facilities. And Section 14.2 adds "reasonable" as a modifier of costs to be charged to the Town, so that it is emphasized that the costs will be reasonable. The agreement is otherwise the same as was reviewed by Council. It is recommended that the Fgrcement be approver.. and signing i,f it authorized. jwd:ipse cc. Mr. Brooks 0 0 JOINT USE AGREEMENT This JOINT USE AGREEMENT is entered into on October 23, 1996, between the Town of Avon, Colorado, a municipal corporation, referred to in this Agreement as the "Town" and Eagle County School District RE -50J referred to in this Agreement as the "School District," a governmental subdivision of the State of Colorado. WHEREAS, by Agreement recorded on February 25, 1985-in Book 406 at Page 970 as Reception No. 303253, the Town granted the School District a non - exclusive license to use that 3.1 acre parcel of Tract G. Benchmark at Beaver Creek, Town of Avon. County of Eagle. State of Colorado, which is more particularly described in said Agreement, said parcel being shown and referred to in this Agreement as Parcel "D" on the attached EXHIBIT A: WHEREAS, by Warranty Deed recorded on May 1, 1985 in Book 412 at Page 779 as Reception No. 309056, the Town was conveyed title to that certain 3.0 acre parcel described as follows: Commencing at the most southwesterly corner of Tract P, Benchmark at Beaver Creek, Amendment No. 4, Town of Avon, Eagle County, Colorado. and with all bearings relative to the west line of said Tract P which bears N. 12 001'54" E.: thence northerly along the westerly line of said Tract P along a curve concave to the west having a radius of 390.00 feet and central angle of 8 035'13" a chord distance of 58.39' bearing N 16 019'31" E.: thence N. 12 001'54" E., 272.00 feet: thence S. 73 027'22" E., 420.00 feet: thence S. 16 025'32" W., 329.73 feet: thence along a curve concave to the south having a radius 2,914.93 feet and a central angle of 7 037'24" a chord distance of 387.55 feet bearing N. 73 027'22" W. to the point of beginning and there terminating; said property contains 3.00 acres, said parcel being shown and referred to in this Agreement as Parcel "A" on the attached EXHIBIT A; WHEREAS, by said Agreement recorded on February 25, 1985 in Book 406 at Page 970 as Reception No. 303253, the parties to said Agreement agreed that the northerly 0.75 acre portion of Parcel "A" on the attached EXHIBIT A (sometimes referred to as the "common parking area ") shall be used for "parking jointly by the School District in connection with any use of the remainder of Tract P as a school site and by the Town in connection with the use of the municipal recreation and water treatment facilities :" WHEREAS, by Warranty Deed recorded on April 28, 1989 in Book 505 at Page 240 as Reception No. 401424, the School District was conveyed title to that certain 5.998 acre parcel described as follows: Tract P Benchmark at Beaver Creek Subdivision Excepting therefrom that portion conveyed to Town of Avon, a municipal corporation, in the deed recorded May 1. 1985 in Book 412 at Page 779 as Reception No. 309056• County of Eagle, State of Colorado, 0 said 5.998 acre parcel being shown and referred to in this Agreement as Parcel "B" and Parcel "C" on the attached EXHIBIT A and the exception therefrom being shown and referred to as Parcel "A" on the attached EXHIBIT A: WHEREAS, the Town and the School District entered in that certain agreement dated August 24, 1988 allowing the Town to improve a portion of land consisting of 1.584 acres and now described as Tract P, Benchmark at Beaver Creek Subdivision, Town of Avon, Eagle County, Colorado designated for a school site, and further described as Parcel "B" on the attached EXHIBIT A: WHEREAS, the Joint Use Agreement between the Town and the School District dated August 24, 1988 concerning that portion of Tract P described as Parcel "B" on the attached EXHIBIT A was terminated by the School District effective July 1, 1995 as the School District is preparing to construct a new school on Tract P and, pursuant to such termination, the Town quitclaimed its interest in such property to the District by Quitclaim Deed recorded in Book 708 at Page 220 as Reception No.604201: and, WHEREAS, the Town and the School District now desire to enter into this Agreement for joint use by the School District and the Town of Parcels "B" and "C," both of which are owned by the School District and for the joint use by the Town and the School District of Parcel "D" and the northerly 0.75 acre portion of Parcel "A," both of which are owned by the Town: NOW, THEREFORE, in consideration of the performance of each of the agreements and covenants set forth, the Town and the School District agree as follows: 1. AREAS. The areas subject to this Agreement include: 1.1 Avon Elementary School (referred to in this Agreement as the School Building) to include the gymnasium, cafeteria, restrooms and lockers (if applicable) which is located on a portion of Parcel "C," 1.2 The adjacent grounds described as Parcel "B," that portion of Parcel "C" which does not contain the School Building, and Parcel "D," all as shown on the attached EXHIBIT A and which are collectively referred to in this Agreement as the Adjacent,Grounds, and, 1.3 The northerly 0.75 acre portion of Parcel "A" which is described on the attached EXHIBIT A as the "common parking area." 2. SCHEDULING PRIORITIES. The respective priorities for scheduling the School Building and Adjacent Grounds shall be as follows: 2.1 School Building. First: The School District. Second: The Town. 2.2 Adjacent Grounds. School Year (normal school calendar): First: The School District. AJ 0 0 Second: The Town. Times Other Than School Year (normal school calendar): First: The Town Second: The School District. 3. SCHEDULING OF SCHOOL BUILDING. The intent of this Agreement for scheduling the School Building is to provide for the Town's use after the School Building has been scheduled by its principal. The Town's designated representative and the principal shall meet prior to August 1 of each calendar year to confirm the fall schedule, by November 1 to confirm the winter schedule, and by April 15 to confirm the summer schedule. The principal shall be responsible for notifying the Town's Director of Recreation of the School District's schedule no later than the dates established in the previous sentence. The Town shall be responsible for drafting a schedule for the use of the School Building from the available time left after School District use and for notifying the principal of the Town's schedule. The Town shall be responsible for providing a supervisor to be present at all times the building is in use by the Town. The supervisor will direct, supervise and enforce the stated provisions contained herein. Payment for the supervisor will be the responsibility of the Town. 4. SCHEDULING OF ADJACENT GROUNDS. The intent of this Agreement for scheduling the Adjacent Grounds is to prioritize their use based on demand as mutually agreeable between the parties to allow maximum utilization of the improvements to accommodate both the Town and the School District for use of the Adjacent Grounds. It is further agreed that typical. use by the Town shall occur after school hours during the normal school calendar and during the summer as defined by the normal school calendar. In the event that the School District will need to use said adjacent grounds during normal use time by the Town, the School District will provide 15 working days advance notice to the Town for use during the normal school year and will notify the Town of any summer use no later than April 15 of any calendar year. If such notice is provided by the School District, the School District will have use of adjacent grounds. 5. SCHEDULING CONFLICTS. Subject to the provisions of this Agreement, the parties agree to consult in good faith concerning scheduling disputes. In the event that the parties are not able to resolve such disputes among themselves, they agree to submit any unresolved disputes to mediation by a mutually agreed upon third -party mediator. 6. MAINTENANCE. Maintenance of the Adjacent Grounds including the athletic fields as shown on the attached EXHIBIT A shall be the responsibility of the Town. Such maintenance shall include turf and arboricultural considerations for such area as is typically performed in park maintenance by the Town, but will exclude the planned improvements installed by the School District, for example, hard surface playcourts as shown on the attached EXHIBIT A. The intent of this paragraph is for the Town to maintain the Adjacent Grounds including the athletic fields as shown on the attached EXHIBIT A in the manner and at the level in which they have traditionally been maintained. 7. DAMAGES. The town will pay, upon demand by the School District, any damages 3 to the School Building or Adjacent Grounds caused by the misuse of same by the Town or the Town's agents, employees, guests or invitees. The Town shall not exercise any control over the routine use of the facilities by the School District. The School District shall be responsible to pay, upon demand by the Town, for any damages to the Adjacent Grounds caused by the misuse of same by the School District or the School District's agents, employees, guests or invitees. Damages caused by unknown persons will be shared equally by both parties. 8. FEES FOR ADJACENT GROUNDS. No fees will be charged to either party to this Agreement by the other party for use of the Adjacent Grounds as shown on the attached EXHIBIT A. 9. FEES FOR SCHOOL BUILDING. Custodial coverage shall be furnished by the District whenever the School Building is used by the Town. There will be no rental fees charged to the Town by the District for the regularly- scheduled recreation activities which occur during times when the District furnishes regular custodial coverage. There will be a fee charged for custodial service when the School Building is used outside "regular custodial coverage hours." This fee will be 1.5 times the regular hourly rate for the custodian(s). The District's custodian and the Town's supervisor will be jointly responsible for closing up and locking the School Building. "Regular custodial coverage hours" shall be determined by the School District and communicated to the Town during the meetings described in paragraphs 3 and 4 above Monday through Fridays. No other custodial coverage is scheduled. 10. ALCOHOL AND SMOKING ON SCHOOL DISTRICT PROPERTY. The parties agree that there will be no consumption of alcoholic beverages or use of tobacco on Parcel "B" or Parcel "C." During Town use, enforcement and /or supervision of this regulation will be the responsibility of the Town. Failure of the Town to adhere to this regulation will result in the cancellation of this Agreement and all scheduled activities. 11. TOWN'S LIABILITY INSURANCE. The Town agrees to maintain, at the Town's expense, public liability insurance with property, bodily and personal injury limits of no less than statutory limitations as defined in the Colorado Governmental Immunity Act, Section 24 -10 -114, Colorado Revised Statutes, with an amount of $150,000 per occurrence and $600,000 aggregate, or such other amounts as are provided by law, on Parcel "D" and the northerly 0.75 -acre portion of Parcel "A" which is described on the attached EXHIBIT A as the "common parking area" in the name of the Town with the School District named as an additional insured. 12. SCHOOL DISTRICT'S LIABILITY INSURANCE. The School District further agrees to maintain, as part of the School District's insurance coverage, liability insurance with property, bodily and personal injury limits of no less than statutory limitations as defined in the Colorado Governmental Immunity Act, Section 24 -10 -114, Colorado Revised Statutes, with an amount of $150,000 per occurrence and $600,000 aggregate, or such other amounts as are provided by law, on Parcels "B and "C" in the name of the School District with the Town as an additional insured. 13. COORDINATION OF ACTIVITIES. The Town shall be responsible for the coor- 4 dination of all non - school related activities. The School District shall be responsible for the coordination of all school - related activities and shall have priority over use of facilities. 14. PARKING AREA. 14.1 Construction. The Town and the School District agree that the "common parking area" in Parcel "A" which is owned by the Town and which is shown on the attached EXHIBIT A shall be a common, or shared use, site improve- ment for the mutual benefit of both parties, the plans for and cost for which have been agreed upon by the parties. The Town will pay the School District its agreed upon share of the cost for construction of said parking area ($60,232) within 30 days of receipt of invoice from the School Dis- trict. It is acknowledged by both parties that the Town has no authority or responsibility for construction management of this improvement. 14.2 Maintenance. The Town and the School District further agree that annual maintenance of the common parking area in Parcel "A" as shown on the attached EXHIBIT A shall be shared equally by the parties. The School District shall be solely responsible for such maintenance, and shall invoice the Town for the Town's share of such reasonable annual costs. The School District shall provide the Town with its annual projection for such maintenance and costs prior to August 1 of each year in order for the Town to budget for such expenses. The annual maintenance costs are subject to the approval of the Town Council. For the purposes of this paragraph 14.2, "maintenance" is defined as periodic cleaning, repairing, striping, sealing, removing of snow, and lighting of the common parking area. 15. AMENDMENTS. No amendment or modification of this Agreement shall be valid or binding unless reduced to writing, formally approved by the Town Council of the Town of Avon and the School District's Board of Education and executed by the President of the Board of Education and appropriate officials of the Town of Avon hereto in the same manner as this Agreement is executed. 16. DURATION. Both parties shall have the right to terminate this Agreement effective on July 1 of any year hereafter provided that the terminating party gives the other party written notice of such termination not later than the preceding November 1, and further provided that in the event of such termination, the Town shall deliver to the School District on or before the effective date of such termination a deed or bill of sale quitclaiming to the School District all of the Town's right, title, and interest in, if any, and to Parcel "B" and Parcel "C," and any improvements thereon. Such termination shall relieve either party from any further obligations under this Agreement, but shall not relieve either party from any obligations under previous agreements. 17. ASSIGNMENT. This Agreement shall not be assigned or delegated except with the prior written consent of the parties. 18. NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified or registered mail, postage and fees prepaid, addressed to the party to whom such notice is intended to be given at the address set forth on the 5 signature page below, or at such other address as has been previously furnished in writing to the other party or parties. Such notice shall be deemed to have been given when deposited in the U.S. Mail. 19. EXHIBITS. All exhibits referred to in this Agreement are, by reference, incorporated in this Agreement for all purposes. In the event of conflicts between the legal descriptions set forth above and the attached EXHIBIT A, the legal descriptions shall govern. 20. DEFAULT AND /OR TERMINATION. All terms and conditions of this Agreement are considered material. In the event that either party defaults in the performance of any of the covenants or agreements to be kept, done or performed by and under the requirements of this Agreement, the non - defaulting party shall give the defaulting party 20 days written notice of such default, and if the defaulting party fails, neglects or refuses for a period of more than 20 days thereafter to make good or perform the default, then the non - defaulting party, without further notice, may, in addition to any other remedies available to it, terminate all rights and privileges granted in this Agreement and this Agreement shall be of no further force or effect. If the non - defaulting party elects to treat this Agreement as being in full force and effect, the non - defaulting party shall have the right to an action for specific performance or damages or both. 21. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for convenience and reference, and are not intended in any way to define, limit, or describe the scope or intent of this Agreement. 22. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents and to take any additional action necessary to carry out this Agreement. 23. INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understand- ings. This Agreement may be amended only by an instrument in writing signed by the parties. 24. WAIVER OF BREACH. The waiver by any party to this Agreement of a breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. 25. GOVERNING LAW. This Agreement shall be governed by the laws of the State of Colorado. 26. SEVERABILITY. If any provision of this Agreement is declared to be invalid, void or unenforceable by an arbitrator, such provision shall be deemed to be severable, and all other provisions of this Agreement shall remain fully enforceable, and this Agreement shall be interpreted in all respects as if such provision were omitted. 27. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and all negotiations and understandings have been merged herein. 28. SUPERCEDES PRIOR AGREEMENT. This Agreement supercedes and replaces in all respects all prior agreements between the parties which affect the real property described above. on IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. TOWN OF AVON By Mayor q "' � ;Q .2 � P.O. x 975 Avon, Colorado 81620 ( 970 ) (Fax) ATTEST: own Clerk EAGLE COUNTY SCHOOL DISTRICT RE -50J B Y a ' �L on ar President, Board ot Education P.O. Bo 740 Eagle, olorado 81631 (970) 328 -6321 (Fax) 328 -1024 ATTEST: SecTlet a ry STATE OF COLORADO ) ) ss. COUNTY OF EAGLE ) The foregoing instrument was acknowledged befge me on 1996, by �_�ct J �r��vti,<� , as Mayor, and by ���. �; F;_�n as Town Cl etc ; —TheiTown oT o Witness my hand and official seal. * 1erm Expires My commission expires: 9-3 -2000 Notary Public STATE OF COLORADO ) ) SS. COUNTY OF EAGLE ) The foregoing instrument was acknowledged before me on J),�)U 13 , 1996, by Don Marks, as President, and by as Secretary, of Eagle County School District RE -50J. Witness my hand and official seal. My commission expires: lye. o y Pu ic �) DF8: sd e 'I \,Ruse -a. avo 050196:62a96:101096:i01596 M Ililtlll I� ���i��lllllll_ 17 1 - -_ co �— ..► ��Nh�p� �����11,I�Iill�lllll iIIII ��+ D i J � m