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3B - Public hearing & consideration of approval of amendment to 1996 Pleasant View Fields Soccer UseCITY OF BOULDER PARKS AND RECREATION ADVISORY BOARD CONSENT AGENDA ITEM ~ °°" MEETING DATE: June 25, 2001 (Agenda Item Preparation Date: June 1, 2001 ) AGENDA TITLE: Public Heanng and Consideratron of approval of the amendment to the 1996 Pleasant View Fields Soccer Use Agreement between the Regents of the University of Colorado and the City of Boulder. REQUESTED BY: Chnstine Andersen, Deputy City Manager for Environmental Services Doug Hawthorne, Achng Co-Duector of Parks and Recreahon Linda Kotowski, Actmg Co-Director of Pazks and Recreahon Ten Olander, Recreahon Admmistrator FISCAL IMPACT: No change PURPOSE: The Umversity of Colorado, at its own expense, wishes to provide and mstall a scoreboard system and pubhc address system on the spectator field at Pleasant View Fields. Tlvs ~ system would be for the Umversity's use during its scheduled soccer matches. The Umversity ~"'' would be responsible for maintenance of the system and would also make the system available to other users of the spectator field for a reasonable fee. Upon termmat~on of the 1996 agreement, the system shall become the property of the City. BACKGROLJND: In 1996, an agreement was made and entered mto by and between The Regents of the Umversity of Colorado and the City of Boulder for the Umversity's use of Pleasant View Fields. (Attachment A) The Umversity paid the City $269,700 which funded the construcrion of one additional field at Pleasant View Fields. This payment entrtled the Umversity to use the field on a l~mited basis with the City for mneteen years. The Ciry makes the spectator field available to the Umversity for scheduled mtercollegiate compehrion dunng rts competrtion season, and the Umversity has pnonty m scheduling for that purpose, up to a ma~umum of twelve games dunng the penod September 1 through November 15 each year, excluding Saturdays. STAFF RECOMMENDATION: Staffrecommends that the Pazks and Recreation Advisory Boazd approve the Amendment to the 1996 Pleasant View Fields Soccer Use Agreement Between the Regents of the Umversity of Colorado and the City of Boulder wlvch would allow the Univers~ty of Colorado to mstall a scoreboazd and pubhc address system on the spectator field ~ ~ AGENDA I1'EM J/ Pa¢e 1 ATTACHMENTS: A. Pleasant View Fields Soccer Use Agreement Between the Regents of the Umvers~ty of ~ Colorado and The City of Boulder. ...~ ~""+~ ^R AGENDA ITEM k Pace 2 Attachment A AMENDMENT TO THE 1996 PLEASANT VIEW FIELDS SOCCER USE AGREEMENT r"' BETWEEN THE REGENTS OF THE UNIVERSITY OF COLORADO ~ AND THE CITY OF BOULDER This amendment to the 1996 PLEASANT VIEW FIELDS SOCCER USE Agreement ("Agreement") is made and entered into by and between The Regents of the Umverstty of Colorado, a body corporate ("University"), and the City of Boulder, Colorado, a Colorado home rule municipality ("City") as the parties to that agreement. The Agreement is amended by the addition of the following additional provisions• 7. Scoreboard System A The Umverstty may, at its own expense and for its own use dunng its scheduled soccer matches, install a scoreboard system and public address system ("System") on the spectator field. Before installing the System the University shall present installation and system size and function plans to the City for its approval, which approval shall not be unreasonably withheld B The Umversiry shall mazntazn the System it installs so that rt is kept m good appearance and reasonable functionality at all times until the termination of the Agreement C. The University shall operate the System m compliance with all ordinances of the Ctry of Boulder concerning Horse and Horse levels, and shall not assert as to the City its status as a government rn the application of these ordinances as a matter of contract law. The Unrversrty shall not sell advertising space on the System. D. The Unrversrty shall make the System avazlable to other users of the spectator field for the times when the Unrversrty is no[ using the spectator field under the Agreement, so long as such users enter into agreements with the Unrversrty for such use. Such separate agreements may contazn any provisions commonly found rn the Unrvetsity's agreements to protect the University and the public interest and property as the University sees fit, and shall contazn a requirement that the use will comply with the Agreement, as amended. The Unrversrty may require that the user pay it a reasonable amount to provide an operator for the System and to cover the University's mazntenance, overhead, and capital costs. If due to reasonable mazntenance requirements the System is unavazlable for such other use from time to time, such unavailability shall not be a breach of this Agreement. E. The Ctty, m consideration of 7.D above, agrees to provrde, at tts own expense, the electncal utility service necessary for the operation of the System. If, due to circumstances beyond its control, such service is interrupted, the City shall notify the ~,,,, University as soon as possible, and the Unrversrty shall be permitted to provide temporary power for the System m a reasonable manner should a wish to do so for any scheduled match ~",! ...~ F If the City, pursuant to the Agreement, changes the location of the spectator field, the Umverstty shall move the System to the new location at its own expense. G Upon termination of the Agreement, the System shall become the property of the City, if the City is not m matenal breach of the Agreement at that time IN WTINESS WHEREOF, the parties hereto have executed this agreement on the day and year last below wntten. THE REGENTS OF THE UNIVERSITY OF COLORADO, a body corporate By: By THE CTI'Y OF BOULDER Name Ronald A Secnst City Manager Title Attest. Date City Clerk on behalf of the ~' Director of Finance and Record Date STATE CONTROLLER By. Punted Name Title Approved for legal sufficiency: