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7A - Update on City of Boulder and Boulder Valley School District Education Excise Tax NegotiationsDO NOT REMOVE - PRAB File Mater~al l..- CITY OF BOULDER PARKS AND RECREATION ADVISORY BOARD ITEM FOR DISCUSSION MEETING DATE: February 24. 2003 (Agenda Item Preparation Date: (Februarv 16. 20031 r.,.. r~ ~,.~ AGENDA TITLE: Update on City of Boulder and Boulder Valley School District (BVSD) Education Excise Tax (EET) Negotiations. REQUESTING DEPARTMENT: Janice Geden, CPRP, Director of Pazks and Recreation FISCAL Il1~IPACT: Appropriation to the General Fund, $1,920,000 from fund balance (Education Excise Tax Reserve) for expenditure on a Pazks and Recreation/BVSD ~oint attiletic faciliries needs assessment, design support for Area 5 at Valmont City Pazk and the installation of synthetic turf systems and running tracks at Boulder and Fazrview High Schools. PURPOSE: The p~rr~se of *h:s mer.:~ i~ *w :aform. :he Pazks and Recreation Advisory Board of the status of the ongoing negotiations with the BVSD concerning appropriation of Educarion Excise Tax. Attached is the current iteration of a memo to City Council recommending appropriauon scenarios for Educauon Excise Tax funds. BACKGROUND: See attached City Council Agenda Item for Mazch 4, 2003. PUBLIC COMMENT AND PROCESS: Tlus item was noticed via the Pazks and Recreation Department web site and the Daily Camera. The background mformation pertaining to this item was accessible through the Pazks and Recreation DepartmenYs link to the City's web page. AGENDA TfEM # VII-A, PAGE # / STAFF RECOMMENDATION: See attached City Council memo recommendation e~er Attachment A: Memo to Ciry Council for the March 4, 2003 meetmg Attachment B: Valmont City Pazk Schematic Plan Attachment C: City of Boulder/Boulder Valley 5chool Distnct Master Joint Use Agreement (Execurive Sutnmary) Attachment D• Amendmenu ro Joint Use Agreement - Exhibiu T, U, & V ~"*, ~ AGENDA ITEM # VII-A, PAGE # .'1 ACachment A ~ w..o CITY OF BOULDER CITY COUNCIL AGENDA ITEM MEETING DATE: March 4, 2003 (Agenda Item Preparation Date: ) Februazy 20, 2003 '~r. AGENDA TITLE: Consideration of a monon approvmg new appendices to the Master Joint Use Agreement between the City of Boulder and the Boulder Valley School Distnct (BVSD) and providing for the expenditure of "~1,920,000 of Education Excise Tax REQUESTING DEPARTMENT: Joe de Raismes, City Attomey Jan Geden, CPRP, Duector of Pazks and Recreation FTSCAL IMPACT: $1,920,000 from fund balance (Education Excise Tax Reserve) for expenditure on a Parks and Recreatiori/BVSD ~omt athletic facilities needs assessment, design support for Area 5 at Valmont City Pazk and the installation of synthetic turf systems and rumm~g tracks at Boulder and Fairview High Schools To request that City Council act by motion to approve new appendices to the Mastet Jomt Use Agreement between the City and the BVSD encumbering $1,920,000 of Educanon Excise Tax funds for the elements of a proposed agreement between the City and the BVSD outlmed below. BACB~ROUND: Smce Spnng, 2002, Crty and School Distnct 5taff have been discussmg poteahal uses of the Education Excise Tax. Last June, former City Manager Ron Secnst held a~eting with Dr. Garcia and members offihe School District staff, pnncipally Don Orr, at wfuch the School Dutrict sought City funds to install synthenc turf on the principal playing field at Fauview, using Educatron Excise Tax funds. At that meetmg, City staff mdicated the concem that a ving Education Excise Tax only to Fairview would not respond to growth pressures, wluch aze greater on other schools, and would be percerved as an unequal benefit to a portion of the City's populaz~on. Subsequently, a plan was developed by the School D~stnct to convert both the Fazrview field and Recht Field at Boulder High to syntheac turf: Estimates were developed, and the School District deternuned that it would be cost effective to add a track facility to each of the fields at the time that the turf uistallation is done, which made the est~mates for the two fields come m somewhat lugher from the onginal estimate. As the estunates were finalued, the School Dutrict recommended installing, at an additional cost, a AGENDA TTEM # V~~f} PAGE # 3 shock pad layer (E-layer) for a more resilient surface that translated mto a safer, longer lastmg system '"` As part of the negotiations, the BVSD and the Department of Pazks and Recreation also proposed using EET funds to develop a joint recreation facihty needs assessment to better deternvne the long-term development and location of athletic facilities that would benefit the City and BVSD. The BVSD aLso ~s willing to enter mto future negotiations concezaing the development, phasmg and expenditure options for Area 5 az Valmont City Pazk. (See: Attachment A for map) ANALYSIS: The Education Excise Tax (EE'1~, adopted by Ordmance No. 5689, appmved by the electorate on November 8, 1994 and codified by Ordmance No 5662 is a general fund revenue However, the City Council has mdicated rts mtent that EET be used for the purpose of "promoung the development of public education facihties and services" and "for educahon-related purposes, including without limrtauon development of pubhc educational facilrties and services or tax refunds or setoffs relatmg thereto." (See Secuon 3-11-1 BRC 1981) City anu nVSD sta~ ~~,ave created a pro~sai tu appropnate EET funds for the followmg purposes that meet the mtent of the Education Excise Tax as outLned above: 1. ALLOCATION OF UP TO A CEILING OF $30K FOR A PARKS AND RECREATION/SCHOOL DISTRICT JOINT NEEDS ASSESSMENT During the approval process for the Pazks and Recreation Needs Assessment, PRAB ~, challenged the Department of Pazks and Recreation to further mvesngate collaboranve ~ opportunities with the BVSD, spec~cally lookuig at e~stmg school district athletic facilities and determinmg the potent~al for~omt usage to meet community needs. In the sp~nt of cooperauon and m the interest of continuing to nurture a strong relationslup with t6e BVSD, staff is proposing allocatmg up to $30K of EET funds to conduct a joint azhletic facilities needs assessment to mclude: • An mventory of eustmg athletic and recreation facilrties at each B VSD school site and other sites serving City residents. • An evaluation of the condition of these athletic fields and recreation faciliaes. • An analysis of c~rrent and future need for athletic and recreation facilrties for both BVSD and the City. • A compazison to the Parks and Recreaaon Needs Assessment with recommendatioas for collaborations between the Department of Pazks and Recreation and BVSD. The ~oint needs assessment will be completed no later than December 2003. 2. ALLOCATION OF UP TO A CEILING OF $1.85M FOR THE INSTALLATION OF A SYNTHETTC TURF SYSTEM AT FAIRVIEW AND RECHT FIELDS. Sports and recreation play a big part in students' school yeazs, often developmg mto a lifelong interest. Wrth weaz and teaz over time and the growing number of student athletes, it u not unusual for school d~stricts to find theu current recreaaonal facihties madequate to ,..,,~ AGENDA TTEM # Yil-fF PAGE # y accommodate current needs. Many educational instrtutions aze turnmg to synthetic turf as a .~ long-term strategy to meet growing needs and cut opecating costs. The new generation of .,., synthetic turf products has evolved dramatically in the past several years, is much safer than previous "astro-turP' vazieties, and is becommg the popular choice of school districts and other orgamzations when designing or upgadmg recreation facilities. The advantages to installing synthetic turf aze numerous. Synthetic turf requires no mowmg, watering, fertilizing or re-seeding. Regular maintenance involves brushing and occasional vacuaming. Compazed to typical sand-based soccer/football fields, maintenance costs can be reduced as much as $30,000 to $60,000 per yeaz, factoring m costs related to watenng, maintenance, equipment and supplies such as fertilizers, herbicides and pesticides. One of the main overazching benefits of installing a synthetic turf system is rts ]ack of dependency on water. Accordmg to horticultural standards, the amount of imgation needed to maintain bluegrass sod at optimum heaUh averages 1.5 mches per week (which converts to 18 gallons/squaze foodurigation season). The amount of water needed to nrigate two fields the size of Fauview and Recht over the course of a season ~s approximately 2.85 million gallons. ~:,as ~~,E:.:a: s:~'-~:fica~~e due .a t;c exue;ne drought conditions cuaently eusung in the state of Colorado. The 2002 drought was considered to be a 1-in-300 yeaz drought wittun the Boulder Creek basin, wluch simply means it was eztre~ly uncommon m its high degree of severity. But Colorado's climate is relatively dry and eztremely variable We aze always in a"drought-watch" situation. Since Boulder is located in a semi-arid climate, we can experience a wide variety of climate conditions ranging from droughts to ~ floods. Being able to conserve up to 2.85 million gallons of water even in non-drought years is a significant benefit that comes from installing a turf system of tkris rype. In addition, in wet years, synthetic turf u~re available since rt is playable in wet conditions. (Synthetic turf may also be a viabYe akematrve for urban pazkland recovery, especially Pazks and Recreation athletic facilities). Aside from the env~roamental advantages that come from lower water usage, the removat of sig:.if:c :nt s~aunts ~f ~::i:i: e: an~ pesticiaes ne~ less chaece of contaminating groundwater and safer turf condinons for cluldren. In addinon, synthetic turf u commonly made out of recycled matenals. (The estunated average synthet~c soccer/football field uses appro~nately 45,090 recycled tires that would otherwise take up space m a landfill). BVSD ~s also recommending the uistallation of a shock pad for proper player protection. The most dependable and durable of the available shock pad options is an elasric layer or "e- layer". E-Layer is a seamless monolitluc pad, generally 19-mm thick, wtuch is laid over asphalt or gravel prior to the mstallation of the syntheac turf. An E-layer system provides for a more resilient surface that translates into a safer field, especially for younger persons. As synthetic turf ages, it progressrvely hardens. An E-Layer installation is designed to reduce the hardening process. Currendy Denver Public School's All City Stadium and Adams County D~stnct 12's field mcorporaze the E-Layer system In all, 14 Colorado School Distncts currently have synthetic turf surfaces in theu stadiums. Synthetic turf can be avazlable for use all yeaz long. The surface doesn't become muddy m ~+" wet weather, stays soft in cold weather, does not freeze like sod, and does not require limited ~ AGENDA ITEM #VI I-/~pAGE # S use to allow for recovery time. Usage can be mcreased with no reducuon in field surface quality, which can allow for increased revenue opportumties. It enhances the reliability of `~' scheduling events, especially where people aze arrivmg from out-of-town A synthetic turf system offers a fast drainmg surface.and allows for quick snow removal. Use of the fields can be almost guaranteed because the field vs not negatively impacted by weather. With the maintenance savings, increased playability, usage mcrease capabiLues and associated mcreased revenues, synthetic turf faciliaes are becoming important economic and commumty assets: By mstallmg syntheuc turf at Fairview and Recht, BVSD will be able to increase programmmg capacity to assist with growth pressures. The 2002 Parks and Recreation Needs Assessment identafies multi-purpose fields as one of the kughest unmet needs m the commuruty. These synthet~c turf systems will allow for a broad range of programaung and, functionuig as multl-purpose fields, will support a wide vaziery of uses. Boulder High estimates rt will be able to have 753 events/year or 1252 hours of use vs. the current 26 events/year or 124 hours use Thus, m addition to providmg a reliable field for Vazsity football games, the field will serve a full spectrum of student azhletics. Boulder High will be able to conduct o~ paii iiign Scnooi ~eason games (iootbau, soccer) vs. the current 26 games and 915prmg High School Season games (Lacrosse, soccer) vs. the current 4 games. A synthenc turf system will allow Boulder FIigh for the first Ume to regularly schedule Physical Education Classes on the fields. These classes will amount to a Fall schedule of 6 class penods/day x average 55 days (248 hours) and a Spring schedule of 6 class penods/day x average 45 days (203 hours). For the first tune, the Marclung Band program will have the oppomimty to schedule daily pracuces on the field. Other pmgrams that will have ~ programmed use of the fields mclude Pom Pons and graduation ceremonies. ~ At Fairview High School a synthetic surface is cnt~cal to the survival of the physical educauon cumculum Durmg the regular school day, it is projected that over 300 students (male and female) use the field for various physical education classes. Southern Hills Middle School is aLso a shared user for physical education as well as their athletic programs m football and track. The Marctung Band at Fairview High School has over 300 pazucipants in grades 9- 12. Their competitive season is over 13 weeks in length with additional t~me durmg the summer months. Over 300 hours of use ~s dedicated to the Mazcb~ng Knight program dunng the 80- day season. Synthetic turf will allow mcreased use by tlus program without additional conflict wrth other user groups. 5ports teams that would be the primary users would include boys soccer, girls soccer, football, boyslguls uack & field as well as boys and girls lacrosse. The pro~ected use by these groups computes to over 1,300 hours per school yeaz and can be easily scheduled due to the fact that that the "down time" for muntenance and watering is totally eliminated. The projected savings of city water is a ttemendous advantage to the City as well as the BVSD. The BVSD determmed that it would be cost effective to refurbish the track Facilities at each of these locations to comcide with the installation of the synthetic turf fields. The tracks at ,,,~ AGENDA ITEM # ~~~ -~ PAGE # ~o both facilities, currently used by the public when not bemg programmed, will have a newer, ~""' more shock resistant surface. The public will have the same access once they are refurbuhed. ~..- T'he BVSD ~s requestmg a ceilmg of ~1.85M m EET funds for these projects. The RFP has already been issued by the School District for the design of these projects at the nsk of the BVSD. These costs would be recovered from the EET grant to the extent of available funds. 3. AMENDMENTS TO THE MASTER JOINT USE AGREEMENT BETWEEN THE BOULDER VALLEY SCHOOL DISTRICT AND TFIE CITY OF BOULDER These installation of synthetic turf systems and tracks at Fauview and Boulder High Schools will fiuther enhance the Master Jom't Use Agreement that has been in effect between the BVSD and the Crty for a number of yeazs. The amendments to tlris agreement outlining pnority use of Fauview, Boulder High and playfields at two schools m North Boulder and two schools m South or East Boulder, listed as Exlubrts T, U and V, aze aztached (See Attachment B). The Dep:.=~tir.~nt of Ps~~° ar.~ .°.ec:eat.ca w~tl a_1so attend the Commumty School Facility Assignment Day twice a year to participate m the master scheduling process for BVSD fields before fields aze opened to the public for rent. 4. ALLOCATION OF UP TO A CEILING OF $40K FOR DEVELOPMENT OF A DESIGN FOR AREA 5 AT VALMONT CITY PARK f'^ ,,,~, Valmont City Park is currently bemg developed through a partnership process. The Department of Parks and Recreation is currently consideruig two partnered projects. The Department of Pazks and Recreation is currently working with the Management Planning and Assistant Team (M-PAT~ to review a proposal oF collaboration between Boulder Ice and the Tennis Center at Valmont City Pazk. The proposed collaborazion with BVSD, discussed in thLS agenda item, is the second partnered pm~ect. On August 1, 2002, the Department of Parks and Recreation issued a Letter of Interest to the Boulder Valley School District in response to a request by the school district for a pmposed partners}up indicatipg an interest in developing multi-purpose turf and ballfields at Valmont City Pazk. As pazt of ttus proposal, the BVSD will agree that negouauons for EET funding will continue to focus on recreat~onal purposes. Pazks and Recreation staff will develop a design for Area 5 at Valmont City Pazk, factoring in the results of the approved Department of Pazks and Recreation needs assessment as well as the joint DepartmentlBVSD needs assessment expIained in paragraph 1 above. Staff ~s proposing to develop the design with m-house resources and is recommending the appropriation of no more than $40 K of EET funds to be used, ~f needed, for any design, engineering and/or azclutectural work that cannot be accommodated m-house. The design for Area 5 az Valmont City Park wi21 be completed no later than December 2004. At that tune, BVSD is willutg to enter into negohations for phasing and ezpendrture options for Valmont. BVSD is w~lling to discuss EET fundmg and ~ otherjoint funding strategtes to devetop the facilities necessaryto address the highest AGENDA 1TEM # V~I~PAGE # ~ recreational deficiencies outlmed m the joint needs assessment. Any fiuther expenditure of ~ EET funds would be negotaated in about December 2004, when the plan for Area 5 az Valmont City Pazk is completett. 5. THE CTTY WII.L AGREE IN PRINCIPLE NOT TO USE EDUCATION EXCISE TAX FUNDING AT AREA 5 AT VALMONT WTTHOUT CONCURRENCE OF THE BOULDER VALLEY SCHOOL DISTRICT. Although the City Council must retain its plenary leg~slative authority, it is bemg asked to agree in principle not to expend future EET funds for Area 5 at Valmont City Pazk without BVSD concurrence. In exchange, The Boulder Valley School Disuict is expected, afrer the plan is complete, ro sign-off on expendrtures of EET funds for the development of Area 5 at Valmont City Pazk. This authority only apphes to the expenditure of Education Excise Tax funds, and does not pertam to any other funding or development uutiatives at Valmont City Pazk. PUBLIC COMMENT AND PROCESS: The Parks and Kecreation Advisory Board receivea tuis mformauon as an uem Tor discussion at rts February 24, 2003 meetmg, noaced vLa the Department's web sue and the Daily Camera. The background mformation pertawmg to tlus item was accessible through the Pazks and Recreauon Department's link to the City's web page. STAFF RECOMMENDATION: An option for City Council would be, m the short term, to appropriate EET funds for a synthetic ~'~R. tutf system at Boulder High School and for a joint athletic facilities needs assessment between """ BVSD and the Department of Pazks and Recreation. The joint needs assessment is critical information that will guide future decisions concerning the development of athletic facilities. The outcomes of that study will allow decisions to be approached collaboratively and m a rational manner By acting on the improvements for Boulder High, EET funds will be used to remforce the Crty CouncIl's commitmem to sustau~ the location of Boulder High m the Downtown. Discussions on Fairview can be deferred until the BVSD consolidauon issues have been sorted out. BVSD has already invested $80,OOE).00 of its money to support the timeline of the completion of the mstallation of the synthetic turf systems for both locations ro cancide with the beginning of the Fa112003 season. Questions may anse concemmg use of FET funds to address current School District consolidation issues. Although EET funds could be used for facility refurbishment, it is unclear how these funds may or may not relate to the consohdation discussions. If Council does not posrtively act on the motion to appropriate EET funds for both fields, BVSD will be at risk of losmg an enure athletic season at Fazrview due to the tight construction schedule. Staff recommends that City Council act on a motion [o appropriate $ 925,000.00 of EET funds for expendrture on a Pazks and RecreationB VSD ~omt athleuc facilities needs assessment, and the installanon of a synthetic turf system and running tracks at Boulder High Schools. .~+. AGENDA TTEM # yll ~B PAGE # g ~ ~ Staff will revisit the appropnarion of funds for the synthet~c turf system and track ac Fairview and the design support for Area 5 at Valmont City Pazk when the consolidation issues have been sorted out. Staff recommends that tha City Manager be authonzed to enter mto contracts to pmvide for the d~sbursement of these funds Approved By: Frank W. Bruno City Manager ATTACHMENTS: A. Schematic Plan - Valmont Crty Park B. Amendments to Joint Use Agzeement with BVSD - E~ubits T, U, & V ,.,'"' ~ ,-. y~ AGENDA ITEM #Vu •g PAGE # ~ LEGEND Activr 8 Puaiw dRdow R~tnaNon Anas 7 Prk f~atv~a w:.y n.m. - Wfprqy MiM~ ' RwnAo~ nMb - q..<un~iffop~M'G/'wvA~9D~MarQS~ - ~r.. :1~~+eoN UYmr II~I~ faa~Y~ , ..,....,....~ .... ~a+~.a- ~ ~ savice~n. s F.ca~n.s t e~aa„y nces _ R.~lw'S+W~VRd~ t~a rs~~r~ ~~M~~~ w~.r„n~.~.-, r`p~w.~ f.r vna Nwiw ~ CMro H~ ~ qawCw~rtFT~ ~r;~,~.:..? k.w. ~w Si1~ Ors~wy~ i W~ Fr1um ~a.+f ~o ..._. _ ~ ./ Dtieb~ Nw~ Ora~ ~~~~ ~ ~ Phase 1 S Area 8 Area 9 - I~'V Ir Area 9 ~ Area T _ ^^--. ~.'~+ Area 2 'j [ -~ Area 12 ~ret~ 5 """'" ~ Phase 1 -1 ~ ~ ` ~ ~,- - `a~ g~- Q Area 6 Area 5 ~III' ~ ~'"; 1 LEGEND ~ ~_ ~Iiii {''i' i ~ ~;;,I ~ ~ w~~a. e.,ns~«+»~,~,..a \ Area 10 !;~~~~ II ' ~~ r. s~r~ w~e~ ~, ' .\ \ 'I', ' w.ae.~fia..~;a~, ~ ~~ _ ~ ~;j ~!a `f; ~t Qirea ~ 3~I,i.. ~~ ~ ' r a.~...~ '~ ll~`~, 1 a..,er ``~ypF NOI~Gg ~`` ,~ r~rl` IWd111wy11i=ds~ap~ f~MVw . ~ '• ~L , ~ , ~\ ~ ' r..a C ~ \ 9 Yw~. It M. ~+w~~... - t~.~s. ,~F~,., . ;v ~.,~~ DRAFT P.w~p ~~~n~ IY~'i~~1 A'. ` . /~~~\ ~oo~ Schematic Plan Shown with Costing Area Overlay W~~YLY,.~~p ~ ~ , D6CIlMe1. TM ~-M Mw~~F <MUMr~ A4up~+/~ ~ ws ~~M~ II~ <M~s d ~` thviwe.tObMY~x~O~~+~~~r.w~.;Y~~.H.. 9r.dh~llwb. ~;o o a ..~ /~~ ~/odsD~ amwrM M rner~ i'Y~s be~1/ M~Merwe ~' Valmont Cit~ Park Schematic Plan ~ T~~ ~~~~===~~ G~slNP r. City oi Boulder Parks b RecreatFOn OepaRmeM ~=~y' ~1,~" .~GENDA ITEM # Yll - , PAGE f~_ Attachment C MASTER 70INT USE AGREEMENT ~„'' ""~"' THIS AGREEMENT ("Agreement") is between the BOUIDER VALLEY SCHOOL DISTRICT N0. RE-2, a Colorado sch~ol district, 6500 East Arapahoe Road, Boulder, Colorado 80301 ("School District"), and the CITY OF BOULDER, a Colorado home rule municipality, P. O. Box 791, Boulder, Co~orado 80306 ("City"), and is entered into effecdve as of lanuarv 1, 2001. BACKGROUND A. The School District and the City are mutually mterested in providing educational and recreational facilities to serve students and residents within their common area. B. It is recognized by the parties that the joint development and use of portions of School District property by the ~ty for park and recreational purposes benefits the School District~ the City, and the public. , C. The City is authonzed by law to orgarnze, promote, and conduct commurnty recreation programs; to establish park areas, playgrounds, and recreational facilities; and to acquire, improve, maintain, and operate such park areas, playgrounds, and recreational facilibes. ,~°^ D. The School District and the City are authorized by Co~o. REV. Srnr. § 29-1-203 to '~-- enter into agreements for the common utilization of school and recreation facilihes in order to provide the maximum use of facilities for the funds expended by either or both of them. E. Prior to the execution of this Agreement, the parties have been operating under separatP j~int use agreements for vanous sites and facilities, each with different terms and termination dates. The purpose of this Agreement is to standardize the terms and conditions of the basic Agreement plus provide for unique contractual differences at the various sites where applicable upon which a joint use is or has been agreed to by the parties. This Agreement shall not apply to the joint use agreement between the School District and the City of Boulder at Boulder High School. F. The School District and the City seek to agree in advance regarding the rights and responsibilities of each party concerning the joint use and maintenance of each School District property site and the construcbon, installat~on, and ownership of any future improvements on such sites. ~"" ~..., AGENDA ITEM # V ~ I-~ , PA6E~_ --ti G. This Agreement will provide that the commencement date and termination date of the Agreement wili be the same for ali the sites for which the parties have prewously entered into a joint use agreement. This aggregation and consolidation of the term durations will facilitate the administration of the joint uses by both parties. pGREEMENT NOW THEREFORE, in consideration of the foregoing background and the mutual promises of the parbes set forth in this Agreement, the parties agree as follows: 1. Purpose and Sites. The purpose of this Agreement is to provide for the joint use by the School District and the City of those specific School District properties, identified on the attached exhibits referred to on an individuai basis in this ~ ~~ Agreement as the site ; to define maintenance responsibility between the pari~es; and to establish ownership of future improvements constructed on the sites. The Sp~~:'.`~''~•.". ~°*.8!~S ~f e~ch site shall be s~t Ivi~i iii ScNBidi^c Sit.~ specific exhibits~ designated Exhibit A, B, C, etc. ("Site Specific Exhibits"), attached and incorporated by tfiis reference. As future sites are identified by the parbes, they may be incorporated into this Agreement by the preparation of a Site Specific Exhibit that is approved and separately signed by both parties. 2. Term. The term of this Agreement shall commence upon the effective date set ^~° forth above and shall end on December 31, 2003. unless sooner terminated as "` hereinafter provided. 2.1 No later than four (4) months prior to the end of the term, the parties shall meet and review the Agreement and the Site Specific F~chibits, for the purpose~f ~-_termining wh?ther ±he P.greeme.^.*. she~.:!~ !~ rene~rpd and to consider any modificaUons that' may be necessary to address the experience and practice of the parlies. 2.2 This Agreement will be automatically renewed for an additional three (3) year period unless eitlier party gives notice to the other party at least sixty (60) days prior to the end of the term of its intent not to renew the Agreement in whole or for less than all of the sites that have been sub~ect to the term of the Agreement then expiring. 2.3 Failure to renew any or all sites shall cause acceleration of any payments due for equipment or improvements installed on the site not renewed as prowded in each Site Specific Exhibit. AGENDA ITEM # VII '/~ , PAGE~ ,,~ 3. Imnrovements and OwnershiR. ,~,,, 3.1 Unless otherwise set forth in the Site Specific Exhibits, all improvements presently in piace, or to be constructed in the future on the site shall remain with the tand on which the improvements are located and shal! be cons~dered the properry of the School District 3.Z Any request by the City for alteratio~s or addit~onal improvements to the site shall be made in writing to the School District. Such alteretions or additional improvements must be flrst approved by tl~e School District; shall be buiit in conformity with specifications developed jointly; shall be performed by persons or entities jointly approved by the parties; and shall be paid for by the City unless otherwise agreed in advance in wribng. All proposals of the Schooi District for material alterations or improvements to the site shall first be presented in writing to the ~ty for ifis review and comment. 4. Use of Sites. The exclusive us~ of each site that is subject to this Agreement shall be defined as "School District Use," "Maintenance Use," or "City Use." Any exceptions to such excfusive use shaH be as set forth in the Site Specific Exhibits. 4.1 "School District Use" shall be defined for this Agreement as the dates that „~.. schoals in the Sthool District are normally in session. Schoot is typicafly in session ~,,, from the fourth week in August through the first week of ]une ("School Year"). School Distnct Use also includes actiwties prescheduled by individual schools, at their own schoof site or at other sites covered by this Agreement, tt~at take place after school hours, on weekends, and on school holidays and vacations. 4.2 "Maintenanre Use" shal( be defined as the hme in which the Schoal District Maintenance Department, as agreed upon each year between the School District and the ~ty, shall have e~cclusive use of the sites to perForm the foilowing types of regene@tive and repair work: Soccer fields, softbalijbasebail fieids, Maintenance and/or renovation of irrigation and multi-purpose fields: systems, turf, infields, and fencing. Tenn+s courts and tennis court' Resurfacing, fence repa~r, restriping, net facilities: repair. "Further Maintenance Use" shali be a time when neither the School Distnct nor the Cty wiil use the site and the site shall be closed to public use. During this hme the party responsible for maintenance of the site will have access and control the maintenance and renewal of the site. Such ames shall be scheduled in advance by ~ the School District Maintenance Division in cooperation with the Parks Division of ~, the Parks and Recreation Departrnent of the City. AGENDA REM #~ IL-R , PAGE I~' 4.3 "City Use" shall generally be any time that the site is not sub7ect to School Distnct Use or Maintenance Use during the summer months that school is not in session, which is typically the second week in ]une through the third week of August ("Summer"). Further, the parties may agree that City Use includes scheduled use after school hours, weekends, and schooi holidays and vacations, uniess the School District has contacted the City Athletic Administrator with planned School District or Sch~ol District-sponsored activities during City Use bme. 4.4 Both parties agree to give the other first prionty in scheduling any use during the other's dme, when needed by the requesting party and not in conflict with a previously scheduled, unalterable use. 4.5 Motor vehicle and bicycle parking shall be permitted in adjacent Schooi District parking lots by community users dunng City Use of a site on a"first come, first served" basis. 4.6 If ~;e f~roy~~n5 w-,o~;,~i~;,y cf ~,:se ~f a^y site ;s un~~orkable or creates conflicts, it is agreed by the parbes that the City Manager and the School District Superintendent, or their designees, are authorized to make changes or modifications to the use of any site, but always sub~ect to final review and agreement of the Councd af the City and the Board of Educabon of the School District if agreement cannot be reached. ~ 5. Maintenance. The responsibilities for the repair, maintenance, and reasonably '~ safe operation of each site are,described in each Site Specific Exhibit attached to this Agreement and incorporated by this reference. 5.1 The level of maintenance for each site shall be as agreed upon from time to time by *.he City and the School District as set forth in Site Specific 6chibits to this Agreement. 5Z F~ccept_7s set forth in Site Specific Exhibits, maintenance and repairs to water sprinkier and irrigabon systems eaasbng on a site due to wear, penodic replacement, vandalism, or damage shall be the responsibdity of the School District during the School Year and shall be performed in a timely manner. If vandalism or damage to spnnkler heads and water lines occurs on a site during the Summer resuiling in $50 or more per occurrence excluding normal wear and tear, tlie City will pay for the repairs made by the School District within sixty (60) days. 5.3 Except as set forth m a Site Specific Exhibit, backstops, goal posts, and fences shall be maintained by the School District. 5.4 Fxcept as set forth in a Site Specific Exhibit, the School Distnct wdi be responsible for rubbish and sndw removal dunng the School Year. The ~ty shall --r. be responsible for site-generated trash removal on each s~te during the summer. AGENOA ITEM # VII-A' , PAGE ~~ °~' S.5 In the event of any flooding, wind damage, or other catastrophic event on ~ any site, tlie School Distnct and the City shall be jointly responsible for the payment or provision of debris removal and restoration of the site in the proparaon of School District Use compared to City Use, except as set forth on the Site Specific Exhibit. 5.6 The ~ty shall be solely responsible for the maintenance, repair, and safe operation of, including, without limitation, snow removal from any bike or pedestrian path easements passing through or adjacent to a site. This provision shall not relieve the City of compliance with the terms of any bike path or pedestnan easements separately granted to the City by the School District. 6. ia ili . 6.1 Subject to the provisions of the Colorado Govemmental Immunity Act, each Na~~+ assw~~~s ~~a~~~~ r ~r ~„jury t:, p2~~~n and damage to property arising out of its occupancy and use of the sites. Nothing contained in this Agreement shall constitute any waiver by the City or the School District of the provisions of the Colorado Govemmerrtal Immunity Act or any other immurnty or defense provided by statute or common law. 6.2 The partes agree that neither assumes any responsibility hereunder for `"' providing supervision for participants, employees, or volunteers of any activiGes under the control of, sponsored by, or conduc~d by the other party on the sites. During the period that any portion of each site is being used by the School District or the ~ty in a sponsored activity or program, the using entity in each instance shall be responsible for all necessary supervisory or instructional personnef required ~: such prcgrams. 6.3 The City certifies that it is seff-insured for property and general {iabdity coverage's, including errors an~i omissions to the limits set forth in the Coloredo Govemmental Immunity Act. Excess insurence is purchased above the City's self- insured retention. A Cerbficate of Insurance will be provided to the School District outlining the insurance policy limits. 6.4 The covenants and agreements contained in this Agreement are for the benefit of the School District and the City only, and do not create any obligabons or duties to persons not parties hereto. ~ ,~ AGENDA ITEM # V I I_ 1~" , PAGE I 5 6.5 It is the intenbon of the part~es to make each site available to the public for recreational purposes without rental or admission charge, and to limit the parties' liabdity toward persons~entering thereon for such purposes, in the event that either or both of the parties would otherwise be liable, pursuant to Co~o. Rev. SrAT. §§ 33-41-101 et sea. 6.6 Each party agrees to notify the other of any defects or potential defects, dangerous conditions or potential dangerous conditions, claims or potential claims from damage or injury that come to its attention in connection with its usage. Within fifteen (15) days after any litigation is commenced against either party that contains allegabons against the other, the parties will meet to explore efficiencies and determine the course of action in providing a defense, including, but not limited to, the potentiai for a 7oint defense. Permitted Use. The parGes agree that a site shall be used only for educational, parks, and recreational purposes and for no purpose prohibited by the Conshtution and ~e la:vs of ~e United States, the 5tate of Coiorado, the charter or ordinances of the City, or the policies and regulations of the School District now in force or herea~ter ertacted. 8. Termination. This Agreement may be terminated by either parly at any t~me upon thirty (30) days' wntten notice to the other parly. ~ ~ 9. Termination Pavout. The School District shall be provided with a thorough accounting of all costs incurred in the construction of any future improvements to a site by the ~ty. 9.1 In the event the Agreement is terminated by the School District, prior to the fu!! amos~z~tion of the cost of any future improvements that are attached to a site, for any reason other than a matenal breach of this Agreement by the City, the School District shali pay to the Cty, within a period of three (3) years from date of termination, the cost of such improvement made by the ~ty to the site less straight line depreuation for years in place on the basis of a twenty (20) year amordzation or shorter period if set forth in the Site Specific F~chibit. The cost of future improvemen~ shall only include the out-of-pocket costs of the improvements as represented by bdls and vouchers received by the City. No indirect costs attributable to the ~ty including, without limitation, overhead and supervision, shall be included. Upon completion of any future improvement, the City and the School District shall agree on the cost of such improvement and the amorbzation period, if less than twenty (20) years. The totai amount of depreciation to be subtracted from the totai cost of future improvements shall be _ determined by diwding the total cost of the improvements initially installed by the years in the amortization period with the resulting quo4ent multiplied by the number of years or fracfions thereof that said improvemen~ have been +n place. ^ AGENDA ITEM # V i I'~ , PAGE ~~ 9Z In the event that the Agreement is terminated by the City prior to the end R""" of the term of the amorbzation of the cost of the improvements that are attached °"" to a site for any reason, the improvements shali remain the property of the School District and the School Distnct shali not pay for any cost of the improvements made by the Cty. 10. Miscellaneous 10.1 Nothing in this Agreement shall affect any other agreement between the ~ty and the School District now in effect but shall replace, void, and supersede any and all existing or former joint use or lease agreements for the use of School Distnct sites which shall come under the governance of this Agreement. Notwithstanding the foregoing, this Agreement shall not void, supersede, or replace the Joint Use Agreement between the Schooi District and the City dated December 17, 1991, for property and improvements at Boulder High School. 10.2 ::r ~ e~ r.: ;° s`~E; e.;.x::u ~e faith or credit of the other to any third person or entity. 10.3 This Agreement shall be binding upon the parties and their successors in interest ~ 10.4 Any notice reqwred by this Agreement shall be m writing, made by hand- ~-- delivery or cerbfied mad, return receipt requested, and addressed to the foliowing: Superintendent of Schools Boulder Valley Public Schools P. 0. Box 9011 • ~;:.:l~Rr; Colorado 80301 City Manager City of Bnuider Boulder Municipal Building P. 0. Box 791 Boulder, Colorado 80306 Notice given by hand-delroery shall be effecUve immediately and notice by mail shali be effective three (3) days after it is deposited in the Urnted States maii depository correcdy addressed with su~cient postage for delivery. 10.5 The rights and obligabons of the parbes under this Agreement shall be interpreted and construed in accordance with Colorado law. ~ Ac~oa t~ #~~, ~ I~ 10.6 The parties represent that the individuals sigrnng tt~is Agreement on their ,.~, behalf possess full power and authority from their respecfive goveming boards in compliance with Colorado law. 10.7 No waroer of any right under this Agreement shall ope2te as, or be construed to be, a waiver of any subsequent breach of the same or any other provision of this Agreement 10.8 No provision of this Agreement shall be assigned by either party without pnor wntten consent of the non-assigning party. 10.9 Each party agrees to perform all other acts and execute and deliver al~ other documents as may be necessary or appropnate to carry out the intent and purposes of this Agreement. 10.10 Each provision of this Agreement shall be severable. If any provision is held invalid, contrary to, or in conflict with any law or regulation by a tribunal with competent jurisdiction, the remainder of this Agreement shall remain in effect. ~ ~ ~ AGENDA ITEM # Y 1 I-/~" , PAGE~ ~ ~ ~-~- ,~ ~- ~ T'nis Agreement shall be effec7ve as of ]anuarv i, 2001 upon the execuaon by both parhes. AITEST: Director of Fnance and Record ATTE~'T: SQ.v~c~.~`n ~'~1. CITY OF BOULDER By: ~.,,.,,~~1 ~-!~ Cib,~ Manager ~~/ BOULDEFt VALLEY SCHOOL DISTRICT NO. RP-2 ' By: ~ ` ~ AGENDA ITEM # vr t"i`~ , PAGE~ Attaclunent D ~ EXHIBI7 T ~` MASTER JOINT USE AGREEMENT BOULDER VALLEY SCHOOL DlSTRICT CITY OF BOULDER School District Prooertv Site: Address. Fairwew High Schooi 1515 Greenbriar Blvd. 8oulder, CO 80303 (Football fieid - drawmg attached) 2. Exceptions to Schedule for Use af Site: Exceptions to Scnool Districi's Priority Use in Agreement: Fall through Spnng: The City shall have pnonty use from 9•00 a.m. to 6:00 p m on Sundays for City-sponsored sports programs. If the Ciry does not need the field tor its programs on Sundays, the field may be used or rented to the community by the School Distnct through ~ts Community Schools department. Should school-spansored athletic competitions be ~- allowed to be scheduled on Sundays in the future, after prowding the C~ty six months' pnor notice, the City shali allow the School Distrtct to use the field for those compet~tions The City shall have the nght to use the field on Saturdays trom 9•00 a.m to 6:00 p m. for City-sponsored programs if the School Distnct is not usmg the field at that time for any School District- sp~::s:ire~' program. Summer• The City shati have the nght to use the field from 9 00 a.m. to 6 00 p r~. everyday for City-sponsored programs if the School Distnct is not using the field at that time for any School Distnct-sponsored or affsliated program {f ne~ther the City nor the Schoof District are usmg the field for sponsored programs, the field may be rented through Community Schools Maintenance Use: (To be determined) 3. Maintenance and aeoair Resoo~sibilitv (including level of maintenance): Schoof Distr~ct: Field marking; crash removal from field, areas surrounding field withm fer~ed ar2as, bleachers, and parking lots on days ,'„~ of School Distric: use, cieaning of leclcer and rest rooms and concessicn `~... AGENpA ITEM # VI~~ PAGE~ areas; supervision of and any security for School Distnct-sponsored activities '~~ City: Trash removal from field, areas surrounding field within fenced areas, bleachers, and parking lots on days of City use; cleaning of locker and rest rooms artd concessron areas, superv~sion of and any secur~ty for City-sponsored activities Exceptions to Debris and Restoration of Damage Payment or Provision Responsibility: 4. Amortization Period for Im~rovements: The City shali deposit with the School District on or before March 1, 2003, a total of $1 85 million in Education Excise Tax funds, to be used by the Distnct for the design, construction, mstallation, and eqwpping, dunng the Spring and Summer of 2003, of a synthetic turf surface and related field and track improvements at the Fairview High School football field and Boufder High School football field rrt accordance wrth speciticat~ons developed by the Schooi DistncYs consultant. Upon compietion of the field improvements, the total out-of-pocket costs incurred at Fairview High School, as determined in accordance ~nnth Section 9 of the Master Joint Use Agreement, shall be amortized over a 12 year penod. ~ ~~ u,wvPSV~URW~~~^r~~ u.~ a Fl~s ewnwr wa AGENDA ITEM # ~ ~ ~" I`~ , PAGE a~ ~ ~w. ~ ~ ~ ~ ~ _~~ ,r~ ~ ia'--~~1 ~ i i ~~-- , ~ ~ ~ C~ 0 ~ . , a p O ~~ TENNIS COURTS BALLFtELD FAIRVIEW HIGH SCHOOL 0 ' LEGc^ND ~ +awr wc .w GHEENBRIAR BLVi FAIR~liEW HIGH ~, ` 1~/ SCHOOL ~ 15t~ Gr~~~iVB^nIAR Bl..V~. v ~ , . ? ~ a Zoa ~ ~ i _ i I t0O AGD~IDA ~1 # V~ pqGE ~ ~ y...- EXHIBIT U MASTER JOINT USE AGREEMENT BOULDER VALLEY SCHOOL DISTR{CT CITY OF BOULDER School Disirict Property Site: Address: Boulder High School 1604 Arapahoe Avenue Boulder, CO 8a302 (Recht football field and stadium - drawing attached) 2. Exceations to Schedute for Use af Site: VX~G~.~ons to Scnoai t~istr~~t's Priority Use in Agreement: ~... Faif through Spnng: The City shail have pnonty use from 9~00 a.m. to 6 00 p m. on Sundays for City-sponsored sports programs ff the City does not need the field for its programs on Sundays, the field may be used or rented to the community by the Schooi Distnct through its Community Schools department. Should school-sponsored athletic competitions be ailowed to be scheduled on Sundays in the future, after providing the City six months' pnor notice, the C~ty shall allow the School Distnct to use the field for those competitions The City shall have the right to use the field on Saturdays from 9~00 a.m. to 6.00 p.m, for City-sponsored programs if the School District is not using the field at that time for any School Distnct- sponsored proorar~ Summer. The Ctty shaA have the nght to use the field even~day for City- sponsared programs if the School D+strict ~s not using the field at that time for any School Distnct-sponsored or affiliated program. If neither the Ciry nor the School District are using the field for sponsored programs, the tiefd may be rented through Commurnty Schools. Maintenance Use: (To be determmed) 3. Maintenance and Reoair Responsibilitv (including level of maintenancQ): School District: Field marking; trash removal from field, areas surrounding field within fenced areas, bleachers, and parking lots on days of School Distnct use, cleaning of locker and rest rooms and concesswn ~,,,, areas, supervision of ~nd any securry ~cr Schocl Cistrict-sponsored t,r,,. activities. AGENQA tTEM # V I 1- j~' ~ pq~~ City: Trash removal from field. areas surrounding field within fenced areas, bleachers, and parking lots on days of City use, cieanmg of locker and rest rooms and concession areas; supervision of and any security for City-sponsored actrvities. Exceptions to Debris and Restoration of Damage Payment or Provision Responsibility: 4. Amortization Period for Improvements: The City shall depos~t wrth the School Distnct on or before March 1, 2003, a total of ~1 85 million in Education Excise Tax funds, to be used by the Distnct for the design, construction, installation, and eqwppmg, during the Spring and Summer of 2003, of a synthetic turf surface and related field and track improvements at the Boulder High School Recht Field and the Fauwew High School football tield ~n accordance w~th specifications developed by the School Distnct's consultant. Upon completion of the field improvements, the total out-of-pocket costs incurred at Recht Field, as determmed in accordance with Section 9 of the Master Joint Use Agreement, shall be amortized over a 12 year penod. mwres~oww~m.mnnm~.~~w ~ne~e ~.an«wa '"'~~- ...~ ~'~. AGENDA ITEM # Y I- , PAGE~ NCV-25-~02 09.a6 F'ROM:B~PS K:H DPJISI~N 303 4-37 5113 ~' ~'' ~ .sn.^- ~ a 3 U) ~? 4 C r i. 9 C ~...f ^ ~~ O ~~ ~ ~ ~ ~ ~• 0 C7 L ~p fi T~J 9;;034403?67 P. ~04- 005 ~ ~ I \` ~ I ~~ ~ ~ ~ ~ ~ ~ I ~st-+ srnEEc ~~ ~ i ` .J ~ ~ I ~-, _ ~ ~ ~ /, ~ ~' i ~ ~ !I ~ A I r . ° ~ i _ ~~l ~ ~ ~~ ~ ~ ~ ~ , ~ ~ ,~.. ; ! i "~I .•- , i i I ; ~ O 6 ~ _ 0 ~ m Z C m AGENDA ITEM # v11_ ~ , ~ as SF'JFNTIETN STR["-T ,,,., EXHIBIT V ~,... MASTEfi JOINT USE AGREEMENT BOULDER VALLEY SCHOOL DISTRICT CITY OF BOULDER Schooi District Prooertv Site: Address (Playfields at two schools in North Boulder and two schools in South or East Boulder, to be determined and designated by the School District) 2. Exceutions to Schedule for Use of Site: Exceptions to School District's Priority Use in Agreement: Fall• If not being used by the School Distnct for School Distnct-sponsored activities, the City shall have pnonty use, subject to Community Schools' fee schedule, from 4.00 p m to 7 30 p.m. (MD~ or 4:00 p.m. to 6.30 p m. (MST), Monday through Fnday, for City-sponsored youth football practice. If the City does not need the fields for its programs dunng those times, the ~' fields may be rented to the community by the School Distnct through its ~ Community Schools department. Maintenance Use: (To be determined) 3. Maintenance and Reoair Resoonsibilitv (inciuding levei of maintenance): School District: City: ; Exceptions to Debris and Restoration of Damage Payment or Provision Responsibility: u•WFFBVyPhc•ePaJSx FM~r J~ Uro Ea v Nww~J n~~ ~~ AGENDA ITEM #1/ I ~, pq~~