HomeMy Public PortalAboutResolution 2009-02-04 Approving an Intergovernmental Lease Agreement with Grand County Water and Sanitiaton District No. 1
TOWN OF FRASER
RESOLUTION NO. 2009-02-04
A RESOLUTION APPROVING AN INTERGOVERNMENTAL LEASE AGREEMENT WITH
GRAND COUNTY WATER AND SANITATION DISTRICT NO.1
WHEREAS, The Intergovernmental Lease Agreement provides for a non-exclusive lease
of the Reservoir property for public recreational use; and
WHEREAS, the Fraser Board of Trustees has reviewed the Intergovernmental Lease
Agreement and determined the request to be in the best interest of the Town of Fraser.
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF
FRASER, COLORADO THAT:
1. That the Town Board of Fraser, Colorado hereby approves the attached
Intergovernmental Lease Agreement and authorizes the Mayor to execute the
Intergovernmental Lease Agreement.
2, All documents must be executed within three (3) months of the date of this
Resolution or this approval shall no longer be effective.
DULY MOVED, SECONDED AND ADOPTED THIS 41h DAY OF FEBRUARY, 2009.
TOWN OF FRASER
OfL-C &~eA
Lu Berger, Town erk
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Fran Cook, Mayor
ATTEST:
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INTERGOVERNMENTAL
LEASE AGREEMENT
THIS LEASE is made effective I~.h L\ ,2009, by and between GRAND
COUNTY WATER AND SANITATION DISTRICT NO. I, a special district and quasi-
municipal corporation of the State of Colorado (herein referred to as "Landlord"), and THE
TOWN OF FRASER, COLORADO, a municipal corporation of the State of Colorado (herein
referred to as "Tenant").
WHEREAS, Landlord is the owner of that certain tract of real property located in Grand
County, Colorado, more particularly described on Exhibit "A" attached hereto and incorporated
herein by this reference (the "District Property"); and
WHEREAS, for purposes of this Agreement, the District Property consists of two parcels
of land, one of which is referred to herein as the "Reservoir Property" and other is referred to
herein as the "Undeveloped Property";
WHEREAS, two (2) water storage reservoirs, known as the GCWSD Water Storage
Reservoir No. I and the GCWSD Water Storage Reservoir No.2, which were adjudicated in
Case No. 02CW367, District Court, Water Division No.5 (the "GCWSD Reservoirs"), are
located on the Reservoir Property;
WHEREAS, the Undeveloped Property consists of the portion of the District Property
which excludes the Reservoir Property and is generally located to the northwest of the Reservoir
Property;
WHEREAS, the primary purpose of the GCWSD Reservoirs is for the storage and release
of water pursuant to Landlord's water storage rights and augmentation plan(s) now or hereafter
adjudicated by Landlord; and
WHEREAS, Tenant desires to obtain a non-exclusive lease of said Reservoir Property
and the GCWSD Reservoirs to allow for public recreational use thereof;
WHEREAS, Landlord is willing to grant such a lease to Tenant upon the terms and
conditions set forth herein; and
WHEREAS, section 17-3-IO(a) of the Fraser Municipal Code allows property to be
divided pursuant to a subdivision exemption, which applies in certain circumstances including "a
division which creates parcels for community facilities.
NOW THEREFORE, in consideration of the premises and the mutual covenants set forth
herein, the sufficiency of which is hereby acknowledged by the parties, the parties agree as
follows:
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ARTICLE 1.0 - DIVISION OF THE DISTRICT PROPERTY
11 Landlord agrees that it shall submit an application for subdivision exemption for the
District Property within one-hundred and twenty (120) days of the effective date of this
Agreement pursuant to section 17-3-10 ofthe Fraser Municipal Code (the "Code"). Landlord
shall bear the costs of the application as provided in the Code. The purpose of the subdivision
exemption application shall be to divide the District Property into a Reservoir Property lot and an
Undeveloped Property lot.
U Tenant shall process and consider Landlord's subdivision exemption application
pursuant to the procedures set forth in the Code.
U Notwithstanding any other provision of this Agreement, if: (a) Tenant has not
granted or denied Landlord's subdivision exemption application within one year from the date
upon which Landlord submits its application; (b) Tenant denies Landlord's subdivision
exemption application; or (c) Tenant grants Landlord's subdivision exemption upon terms and
condition not acceptable to Landlord in its sole discretion, this Agreement shall terminate and be
of no further force and effect.
ARTICLE 2.0 ,. LEASE; PURPOSE
U Upon division on the District Property as described in Article 1 above, Landlord
hereby grants to Tenant a non-exclusive lease of the Reservoir Property and the GCWSD
Reservoirs, for Tenant's purpose of providing public recreational use of such property in
accordance with the terms hereof.
2.2 Tenant may utilize the Reservoir Property and the GCWSD Reservoirs for any public
recreational use that does not interfere with the Districts use thereof for water augmentation
purposes. Such recreational uses may include, but are not necessarily limited to, public fishing
access, non-motorized boating, hiking, wildlife viewing, special events and associated parking.
2.2.1 Tenant shall be solely responsible for managing and regulating such public
recreational use and shall bear all costs and expenses relating to such use. Without
limiting the generality of the foregoing, Tenant may limit the hours of public access and
the types of recreational uses permitted, establish and enforce fishing and similar
regulations regarding such use, and may discontinue such uses on a seasonal or other
basis. Tenant shall not limit public access to the GCWSD Reservoirs to its residents and
shall not otherwise exclude any member of the general public.
2.2.2 It is anticipated that Tenant may make limited alterations and/or
improvements to the Reservoir Property to facilitate such public recreational use.
However, Tenant agrees not to undertake any alterations or improvements without prior
written permission from Landlord. Unless otherwise agreed by the parties, any
permanent improvements made by Tenant shall become the property of Landlord and
shall be surrendered with the Reservoir Property and the GCWSD Reservoirs upon
termination of this lease.
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2.3 Landlord expressly reserves the right to use the Reservoir Property and the GCWSD
Reservoirs for water storage and augmentation purposes, including storage and release of water
in the ponds as deemed necessary or convenient by Landlord now or in the future, and to lease or
allow third-parties the right to use the Reservoir Property or the GCWSD Reservoirs for
purposes related to Landlord's operations. It is acknowledged that such use by Landlord may
interfere with, and shall have precedence over, the public recreational activities established and
managed by Tenant pursuant to this Lease. In no event shall Landlord be liable to Tenant or any
recreational user for interference with such recreational use (including without limitation death
or loss of fish) or for any injury or damage to person or property arising from Landlord's use of
the property for water storage or augmentation purposes. Landlord further reserves the right to
use, grant permission or lease the Reservoir Property or the GCWSD Reservoirs to third-parties
for activities not inconsistent with the recreational uses administered by Tenant hereunder. In
the event Tenant asserts a claim for injury to person or damage to property against any such
third-party, Tenant agrees that it shall look solely to said third-party to satisfy its claim and that it
shall not assert any claim or related claim against Landlord.
ARTICLE 3,0 - MUTUAL BENEFIT; NO RENT; TERM
JJ. The parties agree that this Lease is in furtherance of a public purpose for the benefit
of the constituents of both Landlord and Tenant and other members of the public. No rental
payments or other monetary consideration shall be required for the use provided herein.
3.2 The term of this Lease shall commence as of the effective date set forth above and
shall continue until terminated by one or both parties. Either Landlord or Tenant may terminate
this lease at any time, upon not less than thirty (30) days written notice to the other party. Tenant
shall remove any of its movable property located on the Reservoir Property within thirty (30)
days after such termination; provided, however, that Tenant shall give Landlord at least ten (10)
days prior written notice of the property it intends to remove and a proposed date of removaL
ARTICLE 4.0 - INDEMNIFICATION; INSURANCE
:L1 Landlord and Tenant shall each be responsible for obtaining and paying for whatever
hazard insurance they desire on their separate facilities and movable property located on the
Reservoir Property.
4.2 Tenant agrees to indemnify and hold harmless Landlord, its directors, officers,
employees, insurers and/or self-insurance pools (collectively referred to herein as
"Indemnitees"), from and against all liabilities, losses, claims, demands, damages and expenses,
including reasonable attorney fees, incurred or suffered by Landlord as a result of any accident,
injury, or damage caused by, resulting from, arising out of or in any manner connected with this
lease, Tenant's use of the Reservoir Property or the GCWSD Reservoirs, or the public
recreational use of the Reservoir Property or the GCWSD Reservoirs pursuant to this Lease,
except for any such accident, injury or damage determined to have been caused by or attributed
directly to the gross negligence or intentional wrongful act(s) of Landlord or any Indemnitees.
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4.3 Tenant agrees to obtain and keep in force, at Tenant's expense, during the entire term
of this Lease, a policy of comprehensive general public liability and property damage insurance
providing coverage for claims for bodily injury or property damage that may arise out of
Tenant's operations and the public recreational activities administered by Tenant on the
Reservoir Property and the GCWSD Reservoirs, in amounts of not less than $150,000.00 for
injury to one person in any single occurrence and not less than $600,000.00 for injury to two or
more persons in any single occurrence, as such amounts may be recoverable under c.R.S. 24-10.
114(1). In the event the amounts recoverable under said c.R.S. 24-10-114(1) shall be increased
in the future, Tenant shall obtain a corresponding increase in such liability insurance coverage.
Such liability insurance policy shall include the Indemnitees as additional named insureds
thereunder during the term of this Lease. Tenant agrees to provide proof of the insurance
coverage required under this paragraph upon Landlord's request.
4.4 Both Landlord and Tenant are relying on, and do not waive or intend to waive by any
provision of this Agreement, the monetary limitations or any other rights, immunities, and
protections provided by the Colorado Governmental Immunity Act, c.R.S. 24-10-101 et seq., as
from time to time amended, or otherwise available to Landlord and Tenant and their officers and
employees.
ARTICLE 5.0 - MISCELLANEOUS PROVISIONS
5.1 Both parties to this Agreement recognize and agree that the water supply for the
GCWSD Reservoirs is dependent upon sources that are variable in quantity and quality and
beyond the control of Landlord. No liability shall attach to Landlord on account of any failure to
accurately anticipate availability of water or because of an actual failure of the GCWSD
Reservoirs to store water due to inadequate runoff, the priority of the water rights for the
GCWSD Reservoirs, operational events or an occurrence beyond the reasonable control of
Landlord, including but not limited to an act of God or and an inability to store water arising out
of the order of any court or the lawful order of any governmental administrative body or agency
with authority to regulate matters pertaining to water, public utilities, public health or pollution
control.
5.2 Tenant agrees to not oppose, by the filing of a statement of opposition or otherwise,
any water rights application filed by Landlord that includes the GCWSD Reservoirs, including
without limitation applications for finding of diligence, change of water rights, exchange or a
plan for augmentation, except as may be reasonably necessary to protect Tenant's water rights
from injury. Tenant further agrees to not oppose any substitute water supply plan that includes
the GCWSD Reservoirs, unless reasonably necessary to protect Tenant's water rights from
injury.
5.3 Tenant agrees to provide appropriate sign age clearly describing the permissible
public uses and conditions of use of the leased portion of the Reservoir Property including
without limitation that questions regarding such use of the Reservoir Property for recreational
purposes should be directed to Tenant and not to Landlord.
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5.4 Nothing in this lease shall give, or be construed to give, Tenant any legal or
beneficial interest in Landlord's water rights for the GCWSD Reservoirs adjudicated in Case No.
02CW367, District Court, Water Division No.5.
5.5 Except as otherwise expressly provided herein, all notices required or permitted
under this Lease shall be in writing and shall be delivered in person or sent by United States
certified mail, return receipt requested. If sent by mail, a notice shall be deemed to have been
properly given when deposited in any post office, branch post office, or mail depository regularly
maintained by the United States Postal Service and sent by certified mail, return receipt
requested, with postage thereon pre-paid, addressed as follows:
To Tenant:
Town of Fraser
Post Office Box 120
Fra~er, Colorado 80442
To Landlord:
Grand County Water and Sanitation District No. I
Post Office Box 3077
Winter Park, Colorado 80482
or addressed to each respective party at such other address as such party may hereafter furnish to
the other party in writing.
5.6 Tenant shall not assign its interests under this Lease, in whole or in part, without first
obtaining Landlord's express written consent in each instance.
5.7 This Lease shall be construed under and shall be governed by the laws of the State of
Colorado, the state courts of which shall have exclusive jurisdiction over any court action arising
therefrom.
5.8 This Lease embodies the entire agreement and understanding between the parties
relating to the subject matter hereof and may not be altered or amended except by writing signed
by Landlord and Tenant and specifically referring hereto.
5.9 Except as otherwise expressly provided herein, this Lease and the rights and duties of
Landlord and Tenant hereunder shall be binding upon and shall inure to the benefit of their
respective successors and permitted assigns.
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IN WITNESS WHEREOF, the parties have hereunto subscribed their signatures,
effective the date first above mentioned.
TENANT
LANDLORD
TOWN OF FRASER, COLORADO
GRAND COUNTY WATER AND
SANITATION DISTRICT NO. I
BY: ~,'UL~ M
Fran Cook, Mayor
BY:
-President
ATTEST:
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Lu Berger, CMC, wn Clerk
(S E A L ) ( (
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ATTEST:
Secretary
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STATE OF COLORADO)
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COUNTY OF GRAND )
The foregoing instrument was acknowledged before me on
2009, by Fran Cook, as Mayor, and Lu Berger, as Town Clerk, of the Town of Fraser, Colorado,
a municipal corporation of the State of Colorado, Tenant.
Witness my hand and official seal.
My Commission expires: T)"$/OB!ZOI L ^_ r\.-....
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( SEA L ) Notary Public
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STATE OF COLORADO)
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COUNTY OF GRAND )
The foregoing instrument was acknowledged before me on
2009, by ,as President, and ,as Secretary, of Grand
County Water and Sanitation District No. I, a special district and quasi-municipal corporation of
the State of Colorado, Landlord.
Witness my hand and official seal.
My Commission expires:
(SEAL)
Notary Public
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