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DIRECTION
INFORMATION
ORDINANCE
MOTION
X RESOLUTION
PROCLAMATION
At the March 12, 2019 City Council meeting, City Staff, Steamboat Digs Dogs
and a Parks and Recreation Commissioner updated City Council on thirteen
items City Council tasked the Parks and Recreation Commission with in
September 2018. Many of these items related to next steps at Rita Valentine
Park to develop a fenced dog park. City Council directed Staff to bring back a
development and maintenance agreement for a dog park at Rita Valentine Park
with Steamboat Digs Dogs and allow the Yampa Valley Community Foundation
fund to be spent on construction and maintenance of the Park. Staff is
presenting the agreement to City Council for review and approval via resolution.
Background:
After several public meetings in 2016 and 2017 discussing opportunities for off
leash and fenced dog park recreation, the Parks and Recreation Commission
met June 14, 2017 and endorsed Steamboat Digs Dogs request for dog park
17.1
improvements at Rita Valentine Park. The conceptual plan was presented with
estimated costs for improvements and a phasing plan.
On Tuesday, October 10, 2017 City Council approved the conceptual design of
Rita Valentine Park and a corresponding phasing plan. Phase 1 included;
enlarging the existing parking lot, the addition of new signage, three new Dog
Waste Bag receptacles, one additional bear proof trash can, three benches, trail
improvement work, the installation of water fountain for both dog and humans
on site, the installation of seven groves of trees acceptable to that environment,
irrigation to vegetation, and the addition of boulders. Phase 2 of the plan was
still being developed but discussion of amenities included; fencing, bathrooms,
shelters, additional benches, and additional trails.
During this same meeting, Council approved Resolution 2017-60 (attached) for
conceptual development of Rita Valentine Park as a dog park in the City of
Steamboat Springs. Specifically, this resolution identified that; animals must be
under voice and sight control, Steamboat Digs Dogs has committed to raising
funds to be set aside in an endowment fund to pay for all park improvements
and assist with the maintenance at the dog park, and dog park improvements
and phasing plan are to be funded by Steamboat Digs Dogs.
Since October 2017, Steamboat Digs Dogs has worked with Planning and
Community Development to identify City requirements for site improvements.
A paved and landscaped parking lot was identified, therefore Steamboat Digs
Dogs has developed an engineered plan for a larger and improved parking lot
with landscaping to meet these requirements. The identified parking lot and
landscaping improvements are estimated to cost $400,664.
Additionally, Steamboat Digs Dogs has refined the conceptual plan into a
proposed development plan with estimated costs and a phasing plan. Phase 1
of this plan is estimated to cost $169,483 and includes; all fencing along with
crusher fines areas immediately inside and outside the gates, the first shade
structure, and dog waste dispensers. Phase 2 of this plan is estimated to cost
$126,312 and would include; other crusher fine trails within the fence,
additional shade trees, and a second shade structure. If a restroom is desired,
it could be included as a future improvement of the park and is estimated to
cost $150,000-$200,000. An itemized estimate for park construction is
attached.
Based on direction from City Council at the March 12, 2019 meeting, City Staff
and Steamboat Digs Dogs have collaborated to draft a construction and
maintenance agreement for a dog park at Rita Valentine Park. The agreement
identifies:
A term no longer than 10 years for construction of dog park amenities
to begin, otherwise the item will need to be revisited by City Council.
17.2
A financing plan noting new grant funding, monies from Steamboat Digs
Dogs Fund and other new donated funds would be used to construct the
dog park. The City may choose to contribute funding but is not obligated
to do so. After Park construction is complete, the parties agree to direct
the Yampa Valley Community Foundation to convert any monies
remaining within the Steamboat Digs Dogs Fund into an endowment
fund in order to provide for ongoing maintenance of the dog facilities.
Maintenance responsibilities are identified for the City and Steamboat
Digs Dogs.
Details regarding default and termination are identified.
A new resolution has been drafted that would repeal Resolution Number 2017-
60 and adopt the dog park construction and maintenance agreement.
V. LEGAL ISSUES:
17.3
The agreement needs to be approved via resolution.
There may be concerns about water quality and unsightly dog waste not being
picked up within and outside the fenced perimeter of the Park, similar to dog
parks in other communities.
City funding will need to be approved through the annual budget process to
maintain the Park.
There may be concerns about impacts to wildlife if a fenced dog park is not
constructed. Colorado Parks and Wildlife support fenced dog parks when
situated in the appropriate areas and designed correctly.
ATTACHMENTS:
17.4
Attachment #1
WHEREAS/ the Parks and Recreation Commission has met with Steamboat Digs
Dogs and recommended to City Council a conceptual plan for a dog park with estimated
costs at Rita Valentine Park, and a phased concept plan with a specific budget and
amenities attached to each of those phases; and
WHEREAS/ Rita Valentine Park is currently approved as an off leash dog park;
and
WHEREAS/ Steamboat Digs Dogs has committed to raising funds to be set aside
in an endowment fund to pay for all park improvements and assist with maintenance at
the dog park; and
WHEREAS, the City Council desires to approve the conceptual dog park
improvements and phasing plan be funded by Steamboat Digs Dogs.
1. The City Council of the City of Steamboat Springs hereby approves the conceptual
dog park improvements and phasing plan at Rita Valentine Park as presented by
Steamboat Digs Dogs.
2. The City Council acknowledges the commitment of Steamboat Digs Dogs to fund the
phased improvements and assist with maintenance at the dog park.
3. The City Council further authorizes the City Manager and Director of Parks and
Community Services to allow for the creation of rules specific to the park/ the
negotiation of contracts with Steamboat Digs Dogs for dog park improvements/ and
17.5
guidance so that all improvements meet City standards with regards to design and
construction.
ATTEST:
17.6
Attachment #2
General
1 General Conditions / Mobilization/Bonding/Permits/Temporary Facilities 10 % $316,731.00 $31,673
2 Construction Surveying 1 LS $4,000.00 $4,000
3 Traffic, Pedestrian, and Bicycle Control 1 LS $3,000.00 $3,000
4 Materials Testing 1 LS $8,000.00 $8,000
5 Dust Control and Daily Site Cleanup 1 LS $2,000.00 $2,000
Construction Site Management Plan/Temporary Stormwater Management/Dewatering
6 Admin 1 LS $5,000.00 $5,000
Site, Utilities and Drainage
Landscaping
30 Trees 7 EA $650.00 $4,550
31 Shrubs 74 EA $50.00 $3,700
32 Irrigation Vault 1 EA $3,500.00 $3,500
33 Irrigation System 3500 SF $1.00 $3,500
34 Signage 1 LS $3,000.00 $3,000
35 Trash Enclosure 1 LS $4,500.00 $4,500
Soft Costs
Professional Services 1 % 5% $15,836.55
Subtotal $364,240.65
10% Contingency $36,424.07
Total $400,664.72
This Opinion of Probable Construction Cost represents Landmark Consultants' best judgment as the engineer familiar with the c onstruction industry. However, Landmark
Consultants has no control over the cost or availability of labor, equipment or materials, or over market conditions or the C ontractor's method of pricing. Therefore, Landmark
Consultants cannot and does not guarantee that proposals, bids, or the construction cost will not vary significantly from the Opinion of Probable Cost. No wetlands work
included in this estimate. All costs in current -day dollars.
17.8
Phase 2
17.9
SURVEYORS
www.LANDMARK-CO.com
Attachment #4
NORTH
(970) 871-9494
100 0 100 200 300 Feet
|
CIVIL ENGINEERS
( IN FEET )
1 inch = 100 ft.
CONSULTANTS, INC.
L NDMARK
LEGEND:
PROPERTY BOUNDARY
8" X S
W
ADJACENT PROPERTY BOUNDARY
XO
10" X
H
H
XO
XO
EASEMENT
H
H
XO
FH 170.5
XO
H
W
FA ER
SECTION LINE
XO 8"
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AT
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LL LA
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TRAIL CENTERLINE
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EX. MH 96.15.2 L ORIGINAL LOT 6 BOUNDARY
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IL
10" XW
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XO
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(DOES NOT REFLECT HILLTOP PARKWAY)
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M BUILDING
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LOT 1
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LOT 9 6" XW 6" XW
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12" 6" XW
ROOF LINE/OVERHANG
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6" XW
12" XW FOX HUNT XW 6" XW 6" XW
XO
FOX HUNT
8"
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DECK
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12" XW FOX HUNT
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FENCE
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HILLT
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12" X
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OP PA PROPOSED MAJOR CONTOUR 6805
XO
12
X
RKWA THE SPRINGS, F2
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(80' R
"X
LONGVIEW CIRCLE
OH
XO
12"
6" X
XO
X X
IGHT- Y X X X X PROPOSED MINOR CONTOUR
instruments of service
construction or contracting
Consultants, Inc.
These drawings are
XW
employ of Landmark
unless signed and sealed by a
X
provided by Landmark
Consultants, Inc. and are not
to be u sed f or any typ e o f
12" XW
W
OF-W
X
EX. MH 96.15.9.8
H
AY)
8"
XO
EX. MH 96.15.9.7
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TRAIL
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EX. MH 96.15.3
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EX. MH 96.15.3.1 XS
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EX. MH 96.15.3.2
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CONCRETE
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APPROX. R.O.W.
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FH 173
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RT FOR CONSTRUCTION
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EXISTING WATER
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EX. MH 96.15.5 EX. MH 96.15.6 LOT 5 GAS
XOH
XOH
LL
XOH
THE SPRINGS, F2
GAS METER AND MANHOLE/VAULT
8"
S
XS
6" CABLE
LOT 1
XOH
XOH
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XS
XOH
8" XS
8" X
DESCRIPTION:
LONGVIEW HIGHLANDS CABLE PEDESTAL
X
6" XW
LOT 6
FIBER OPTIC
W
TRAIL
THE SPRINGS, F2
8" XW
XOH
XOH
ROCKS
TELEPHONE
X
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GREENBELT A
8"
XS
THE SPRINGS, F2
XOH
XOH
LOT 2
X
EX. MH 96.15.9.5 ELECTRIC
E
X
LONGVIEW HIGHLANDS
X
XOH
S
TRAIL EX. MH 96.15.9.6.1 ELECTRIC PED, JUNCTION BOX AND METER
8" X
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8" X
XOH
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X XS
6" XW
W
I
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LOT 3
X
UTILITY POLE AND GUY WIRE
S
XS TRAIL
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LONGVIEW HIGHLANDS DITCH/SWALE
FH 172
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XOH
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EXISTING STORM SEWER W/ FES
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BY:
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XS
NO
6" XW
XOH
6-20-18
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DATE:
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EX. MH 96.15.9.4 OVERLAND AND CHANNEL FLOW ARROWS
XOH
X
LOT 4
X
EX. MH 96.15.9.1B ROCKS
8" XS
CONIFEROUS AND DECIDUOUS TREE EX
XOH
EX
LONGVIEW HIGHLANDS
PROJECT LIMITS
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NO.
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NOTES:
XOH
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EX. MH 96.15.9.3
6" XW
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IL
RA FH 172A
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8" XW
XOH
8" XS
6" XS
LOT 5 T
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1. ALL REFERENCES HEREON TO BOOKS, PAGES, FILES, RECEPTION NUMBERS AND FILE
4" XW
2420-001
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LONGVIEW HIGHLANDS
3-30-18
8" XS
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NUMBERS ARE TO PUBLIC DOCUMENTS FILED IN THE RECORDS OF ROUTT COUNTY,
8"
EG
LM
TRAIL 8"
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XS
XS COLORADO.
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FH 171
XOH
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ROCKS
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EX. MH 96.15.9.1 2. EASEMENTS AND PUBLIC DOCUMENTS SHOWN OR NOTED HEREON WERE EXAMINED
8" XW
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ROCKS
E
ROCKS
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CHECKED BY:
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IV
L AS TO LOCATION AND PURPOSE AND WERE NOT EXAMINED AS TO RESERVATIONS,
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)
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DRAWN BY:
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PROJECT:
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THE SAME.
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OF
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LONGVIEW HIGHLANDS
DATE:
X
-
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8"
HT
EX. MH 96.15.9.2
4"
GL XS
3. UTILITIES ARE SHOWN PER APPARENT SURFACE EVIDENCE TOGETHER WITH
XW
8"
G
EX. MH 96.15.8 EX. MH 96.15.9
RI
XS
XOH
AN
0'
8"
UTILITIES ARE REQUIRED, THE UTILITY WILL HAVE TO BE VERIFIED BY FIELD
X
(6
X
XOH
XS
XS
RI
TRAIL SHALL NOT BE LIABLE FOR THE LOCATION OF OR THE FAILURE TO NOTE THE
XOH
T
X
A'
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6"
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XOH
XS
XW
LONGVIEW HIGHLANDS
RO
8"
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4. ANY PERSON WHO KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC LAND
XS
XS
8" XS
UT
X
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(2) MISDEMEANOR PURSUANT TO STATE STATUTE 18-4-508, C.R.S.
XOH
8"
X X X X X
EX. MH 96.15.9.1A
X X X X X X X X X X X
PROPOSED PARKING LOT
X
8" 5. THIS SITE CONTAINS A CALCULATED AREA OF APPROX. 36.5 ACRES.
XS LOT 2
6"
EX. MH 96.15.9A
8" XW
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EAGLES VIEW, F4
W
XS
XS
8"
XOH
XOH
LOT 8 6. THE SUBJECT PROPERTY IS LOCATED WITHIN ZONE X (AREAS OF 0.2% ANNUAL
XS
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XS
8" XS
FEBRUARY 5, 2005.
XOH
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8"
8" 8" X
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7. THE MEASURED DISTANCES SHOWN HEREON ARE IN U.S. SURVEY FEET.
6"
XS
8" XS
XW
XS 8"
XOH
8"
XS
8. CONTRACTOR IS ENCOURAGED TO PERFORM DEMOLITION IN A MANNER THAT
8" XS
XOH
LOT 9
DRAWING FILENAME: P:\2420-001\DWGs\Production Drawings\2420-001-Site.dwg LAYOUT NAME: C.100 DATE: Jan 30, 2019 - 4:04pm CAD OPERATOR: Erik
8" XW
LONGVIEW HIGHLANDS XS
8"
EX. MH 96.15.10
APPROPRIATE SORTING AND STORING. IN PARTICULAR, DEMOLISHED CONCRETE,
EX. MH 96.15.11 LOT 1 8" XS
XS
XS ASPHALT, AND BASE COURSE SHOULD BE RECYCLED IF POSSIBLE.
RT
XS EAGLES VIEW, F4
CO8"UXS
8"
XOH XOH
Y)
6"
8" XS S
-WA
EX. MH 96.15.12
XOH
XS 8"
LOT 13
XW
LOT 5 LOT 4 LOT 3
XS
THE FIELD BY THE CITY ENGINEERING INSPECTOR. ALL REPAIRS TO BE IN
LOT 2 ANGLER'S RIDGE
F
LOT 10
XOH
EX. MH 96.15.9A.1.2 10. ASPHALT PATCHING MUST COMPLY WITH THE CITY OF STEAMBOAT SPRINGS STREET
RIG
GRADE WITH THE EXISTING AND ADJACENT PAVEMENT SURFACE THROUGHOUT THE
XOH
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6" XW
8" X
S
PATCH. PATCHING MATERIAL SHALL HAVE A THICKNESS A MINIMUM OF ONE INCH (1")
8" X
XXO
GREATER THAN EXISTING PAVEMENT AND SHALL NOT BE LESS THAN FOUR INCHES
S
OH
H
XOH (4") THICK.
PROPERTY DESCRIPTION:
11. RITA VALENTINE PARK: A PORTION OF LOT 6, THE SPRINGS, FILING NO. 2 PER FILE NO.
11752 AT ROUTT COUNTY RECORDS, CITY OF STEAMBOAT SPRINGS, ROUTT COUNTY,
COLORADO.
SHEET
C.100
Of Sheets
17.10
6" XW 6" XW
6" XW 6" XW
Attachment #5
6" XW 6" XW 6" XW
8" XS
6"
XW
EX. WATER EASEMENT
8" XW
6"X6" POST
8' O.C.
(MAX)
1" TOP OF FACE BOARDS ABOVE RAIL
2"X4" RAIL (ON EDGE)
8" XS
2"X4" RAIL (ON EDGE)
8" XW
HEIGHT
(5'-11") HEIGHT
6" (6')
EX. WATER EASEMENT XW
2"X4" RAIL (ON EDGE)
8" XS
X
6"
X
8" XW
XW
EX. WATER EASEMENT 1" CROWN 6"
SAWCUT EXISTING CONCRETE
X
XS XS
3.0'
X
FACE BOARDS
8" (1" BY 6" CEDAR)
X XS
EX. MH 96.15.9
8" XS
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8" XW
12"
12" CLASS B CONCRETE
X
8"
X
XS
STAINLESS
8" XS
X
8"
8" XW
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XS
NOTES:
1. ALL FACE BOARDS SHALL BE OF CEDAR.
8" XS
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X SIDE FRONT
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8"
XS
X CEDAR FENCE DETAIL
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N.T.S.
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8" XS
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8"
8" XW
LEGEND
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XS
X
X
existing evergreen tree
X
ABANDON EX. SEWER LINE AS SHOWN
X
8"
XS REMOVE PIPE FROM MH AND GROUT EX
X
existing deciduous tree
8" XS
X
8" XW
STRUCTURE
X
8" XS
evergreen tree
X
8" XW
8"
X
XS
PROPOSED SIGNAGE
ornamental tree
X
24'
X
EX. MH 96.15.9.1
XS
aspen tree
8" XS
8" XS
X
MAX. 2% THRU A.D.A. PARKING SPACE
8" XW
X
8"
18'
XS
8" XS edge of planting bed
X
perennial
8" XS
X
VACATE EASEMENT TO FACILITATE
9'
X
8" AND
XS SEWE
RE
8" XS ASEMENT
8" XW
X
X X X X X
8" XS X
XS
X X X
XS
X X X X X REMOVE TOP CONE OF MH
8" XS AND FILL WITH GRAVEL, AND BURY
X
8"
X
(ABANDON)
X
XS
X
X
EX. MH 96.15.9.1B 8" XS
X
X
8" XW
X
4" XW 4" XW R AND SEW LANDSCAPE CALCULATIONS:
ER EASE
8" 4" XW
XS
XS 4" M ENT
X
XW 4" XW
X
4" XW 40 PARKING SPACES (200 SF PER 9 SPACES)
X
4" XW
X
XS
X X
REQUIRED:
8" XS
S
REMOVE TOP CONE OF MH
8" X
AND FILL WITH GRAVEL, AND BURY 890 SF OF INTERIOR LANDSCAPE AREA
XS
X
4"
C
S
XS XW (ABANDON)
X
8" XW
XS
X
X
EX. SEWER TO BE ABANDONED 4 SHRUBS/200 SF = 18 SHRUBS
24'
XS
X
X
8" 4"
S X XW
X
SNOW STORAGE CALCULATIONS:
X
8" XS
FH 171
X
X
USE EX. CURB STOP FOR IRRIGATION VAULT SNOW STORAGE REQ'D = 9,790 SF
X
8" 4"
X
XS XW
X
X
X
XS
X NOTE:
8" XW
X
ALL DISTURBED AREAS TO BE REVEGETATED.
X
X
VACATE ESMT.
PROPOSED LANDSCAPING X
AUTOMATIC IRRIGATION MAY BE REQUIRED.
X
ABANDON EX. WATER LINE X
8" XS
X
PR. 18" C.P.P. @ 1% X
8" XW
X
2.
5%
X
PR. GRASS LINED WATER QUALITY SWALE
4:1 SIDE SLOPES X
X
2-FT WIDE FLAT BOTTOM EX. WATER AND SEWER EASEMENT
8" XS
X
8" XW
XS
X
8" XS
XS
X
X 8" XS
8" XS
8" XS
X
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8" XS
8" XS
XS
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8" XS
8" XS
8" XW
XS
8" XW
X
8" XW
8" XW
X
INFORMATION
AND NOT FIELD LOCATED. 8" XW
X 0 20 40
X
X
Feet
8" XS
X
8" XW
X
X
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LANDSCAPE PLAN L-100
8" XS
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8" XW
17.11
Attachment #6
Rita Valentine Dog Park Maintenance Estimate
April, 2019
Parks and Recreation Staff has provided a conservative estimate for maintaining improvements
at full build out for the dog park based on the current plan proposed by Steamboat Digs Dogs.
For budgeting purposes, annual increases of 3-5% should be expected.
*There may be additional maintenance costs for repairing/closing vegetation areas, replacing
landscaping, and other maintenance items that are not known at this time.
17.12
CITY OF STEAMBOAT SPRINGS, COLORADO
RESOLUTION NO. ______
A RESOLUTION ADOPTING THE RITA VALENTINE DOG PARK CONSTRUCTION
AND MAINTENANCE AGREEMENT.
WHEREAS, the City is the owner of certain real property known as Rita Valentine
Park (hereafter “park”) in Steamboat Springs, Colorado; and
WHEREAS, Steamboat Digs Dogs (“SDD”) recommended a conceptual plan for a
dog park at the park and City Council previously reviewed such plan and approved it by
Resolution No. 2017-60; and
WHEREAS, City Council has since met with SDD and discussed altering plans for
the dog facilities at the park as well as changes in financing; and
WHEREAS, the City recognizes Rita Valentine Park has been approved for use as
an off leash dog park since 2008 and Steamboat Digs Dogs has contributed funding,
volunteer time and are supporters of the dog park; and
WHEREAS, the parties both wish to provide for the construction and maintenance
of a fenced dog park and associated facilities (hereafter “dog facilities”) at the park; and
WHEREAS, the parties therefore desire to work cooperatively towards
construction and maintenance of the dog facilities at the park and memorialize their
respective responsibilities through the attached Rita Valentine Dog Park Construction and
Maintenance Agreement.
1. The City Council of the City of Steamboat Springs hereby approves the Rita
Valentine Dog Park Construction and Maintenance Agreement, a copy of which
is attached hereto as Exhibit “A”, and by this reference made a part hereof.
2. Resolution No. 2017-60 is hereby repealed and is of no further force and effect.
______________________________________
Jason Lacy, President
Steamboat Springs City Council
17.13
ATTEST:
______________________________
Julie Franklin, CMC
City Clerk
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Exhibit A
RITA VALENTINE DOG PARK CONSTRUCTION AND MAINTENANCE
AGREEMENT
This Rita Valentine Dog Park Construction and Maintenance Agreement (“Agreement”) is
made this __ day of ___, 2019, (“Effective Date”) by and between Steamboat Digs Dogs
(“SDD”) and the City of Steamboat Springs, a Colorado home rule municipal corporation
(“City”).
WHEREAS, the City is the owner of certain real property known as Rita Valentine
Park (hereafter “park” as shown on Exhibit A) in Steamboat Springs, Colorado; and
WHEREAS, the parties both wish to provide for the construction and maintenance
of a fenced dog park and associated facilities (hereafter “dog facilities” as shown on
Exhibit B) at the park; and
WHEREAS, the City recognizes Rita Valentine Park has been approved for use as
an off leash dog park since 2008 and Steamboat Digs Dogs has contributed funding,
volunteer time and are supporters of the dog park; and
1. TERM. The term of this Agreement shall be for ten calendar years from the date of
the latest signature, and shall renew automatically for successive one year periods
thereafter if some of the dog facilities are constructed at the park within the first ten
years of this Agreement. If the dog facilities are not constructed within ten years of the
effective date of this Agreement, then the Agreement shall automatically terminate and
be of no further force or effect.
2. FINANCING. The parties agree that construction of the dog facilities will be funded
by: 1) new grant funding, 2) monies from the Steamboat Digs Dogs Fund held at the
Yampa Valley Community Foundation, and 3) other new donated funds. The City may
choose to contribute funding to construction, but is not obligated to do so. After
construction, the parties agree to direct the Yampa Valley Community Foundation to
convert any monies remaining within the Steamboat Digs Dogs Fund into an endowment
fund in order to provide for ongoing maintenance of the dog facilities. Both the City and
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SDD may draw upon income generated by the Steamboat Digs Dog Fund endowment to
fund maintenance of the dog facilities per their responsibilities under Section 3 below.
3. PARTY RESPONSIBILITIES. Both parties shall comply with all applicable statutes,
rules and regulations, whether federal, state, county, or municipal. In addition, the
parties are responsible for the following:
A. City Responsibilities:
1. The City agrees to partner with SDD to submit applications for grants
to fund construction of the dog facilities and will administer any
grants received for the dog facilities.
2. The City will be responsible for construction of all dog facilities and
will ensure that such construction adheres to City standards.
3. The City agrees to maintain all areas associated with the park’s
parking lot, trails outside of the fenced dog facilities, trail
reconstruction inside the fenced dog facilities, structures (rest room
and shelters), fencing, irrigation systems, drinking fountain, empty
trash and recycling containers, tree/shrub health, and
kiosks/signs.
4. The City agrees to pay for the following utility services: water and
trash.
B. SDD Responsibilities:
1. SDD agrees to maintain dog facilities within the fenced dog park
including: access gates (including snow removal) and assisting with
routine maintenance to interior trails.
2. SDD agrees to purchase and maintain dog waste removal bags and
stations.
3. SDD agrees to conduct all dog waste removal from inside the park
and conduct vegetation maintenance inside in the fenced dog park
facilities.
4. SDD is responsible for replacement of any and all items,
improvements, and landscaping within the fenced dog park facilities
through grants or other SDD funding (trees/shrubs, fencing,
signage/kiosks, etc.).
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5. DEFAULT. In the event that either party shall be in default in the performance of
any of the terms or conditions of this Agreement, then the party not in default must serve
the defaulting party thirty (30) days to cure the default. In the event the default is not
cured within the thirty (30) day period, or if the default is of such a nature that it cannot
reasonably be cured within such thirty (30) day period, if the defaulting party has not
commenced curing such default within such thirty (30) day period and diligently taken all
steps necessary to complete the curing of such default within a reasonable time
thereafter, then the party not in default may give the defaulting party written notice of
the termination of this Agreement. Any such termination shall be effective only after
fourteen (14) days from the date of notice from the party not in default.
6. CITY AUTHORITY AND TERMINATION. The parties agree that the City retains
full control over its park property, and may choose go through a public process with City
Council to terminate use of the Park for dog park purposes at any time. Such authority
is vested in the City Manager under Section 16-2 of the City’s revised municipal code.
Should the City choose to terminate use of the park for dog park purposes, all of SDD’s
obligations to maintain the dog facilities under Section 3.B above immediately terminate
and are of no further effect. The parties further acknowledge that in any case (with or
without termination of this Agreement), the City retains the authority to manage other
portions of the park for park purposes including but not limited to sports fields, open
space, special events, hiking, and biking.
7. GOVERNMENTAL IMMUNITY. The parties hereto understand and agree that the
City is relying on, and does not waive or intend to waive by any provision of this contract,
the monetary limitations or any other rights, immunities, and protections provided by the
Colorado Governmental Immunity Act, § 24-10-101, C.R.S. et seq., as from time to time
amended, or otherwise available to the City, its officers, or its employees.
8. OBLIGATIONS OF THE CITY. All financial obligations of the City under this
Agreement, including maintenance obligations for the dog facilities are contingent upon
appropriation, budgeting, and availability of specific funds to discharge such obligations.
Nothing in this Agreement shall be deemed a pledge of the City’s credit or a payment
guarantee by the City to SDD or any third party.
9. INDEMNIFICATION. SDD agrees to defend, indemnify, and hold harmless the City,
its officers, employees, agents, or other representatives from any and all claims for
damages arising under this Agreement that arise through any negligent act or acts of
SDD, or its agents. This Indemnification provision shall survive the termination of this
Agreement.
10. ATTORNEY’S FEES. If any action is filed or maintained by either party in relation
to this Agreement, the substantially prevailing party shall be awarded its reasonable costs
and attorneys’ fees, which rights shall survive termination of this Agreement.
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11. RELATIONSHIP OF THE PARTIES. The parties to this Agreement are not and
shall not be construed to be partners, joint venturers or agents of one another with
respect to any activities associated with this Agreement.
13. INTEGRATION. This Agreement is the full and complete expression of the
agreement of the parties with respect to the subject matter hereof, embodies the entire
Agreement of the parties and there are no promises, terms, conditions, or obligations
other than those contained or referenced herein; and this Agreement shall supersede all
previous communications, representations or agreements, either verbal or written,
between the parties.
14. NOTICE.
Notice to the parties herein shall be sufficient if mailed to the following addresses:
To SDD:
____________________________ ____________________________
Julie Franklin, City Clerk Gary Suiter, City Manager
By:____________________________
Its: ____________________________
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