Loading...
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 tl P'TE gam. ✓t t My commission expires: :S"( (O [ S E A L ]