HomeMy Public PortalAboutResolution 2013-02-03 Authorizing Entering into a Memorandum of Understanding with Peggy Smith and Peter Nelson for Installation of a Bench in Mountain Man Park TOWN OF FRASER
RESOLUTION NO. 2013-02-03
A RESOLUTION AUTHORIZING THE ENTERING INTO A MEMORANDUM OF
UNDERSTANDING WITH PEGGY SMITH AND PETER NELSON FOR INSTALLATION OF A
BENCH IN MOUNTAIN MAN PARK
BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE TOWN OF FRASER,
COLORADO THAT:
1. That the Town Manager is hereby authorized to execute the attached Memorandum of
Understanding with Peggy Smith and Peter Nelson for installation of a bench in Mountain
Man Park.
DULY MOVED, SECONDED, AND ADOPTED THIS 20th DAY OF FEBRUARY, 2013.
BOARD 40FUSTEES' OF THE
TOWN SER OLORADO
BY:
May
(S E A L) ATM
Town Clerk
Memorandum of Understanding
This Memorandum of Understanding (MOU) is made and entered into this day of
kur 2013 in order to memorialize the terms and agreements for the installation of a
bench inl4ountain Man Park between Town of Fraser (Town) and Peggy Smith and Peter
Nelson (Smith/Nelson).
Recitals:
Whereas, the Town owns certain property known as the Mountain Man Park; and
Whereas, Smith/Nelson seeks to honor a deceased family member by funding installation of a
new bench on Town property; and
Whereas, the Town desires to provide additional improvements on Town property consistent
with the theme and character established throughout Cozens Ranch Open Space and Mountain
Man Park.
Now therefore be it agreed as follows:
1. The Town will design a new bench installation. Town will provide such design for
approval by Smith/Nelson prior to initiating any work. The Town retains all design
control, and if a mutually agreed upon design cannot be achieved, this agreement shall
terminate.
2. Upon approval of a design, Smith/Nelson will provide a deposit in an amount to be
determined by the Town. After receipt of the deposit, the Town will commence the
fabrication and installation.
3. Smith/Nelson will reimburse Town for all expenses (including fabrication and installation
of the bench, Town labor, materials, and other such related expenses) upon invoice by
Town after completion of the installation.
4. The bench and all related improvements are to be owned by the Town. The Town
retains the right and discretion to change, relocate, or remove public improvements.
5. All fabrication, installation, and site improvements will be completed only by Town staff
or others contracted by Town for such work.
6. Smith/Nelson is not authorized to work on behalf of Town or as an agent of Town.
7. After completion of the installation, Smith/Nelson agrees to maintain the area clear and
free of weeds. Smith/Nelson further agrees to notify Town of any structural repairs that
may be necessary, such work shall be completed by Town or others contracted by
Town.
8. This agreement may be terminated without cause by either party with written notice.
The terms outlined within this agreement have been accepted and agreed to by the following
parties on this " day of "!LL c t r LA 2013.
Town of Fraser, Co add`f
s
BY:
Jeffrey-,,. Fbin
To , anager
ATTEST: (S E A L)
Lu Berger, Town Cle
Smit I n
STATE OF COLORADO )
ss.
COUNTY OF GRAND)
Subscribed and sworn to (affirmed) before me this day of 2013,
by�2o,4�¢ ,
Notary Public
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