Loading...
HomeMy WebLinkAbout7C - Discussion and Update on Grillo LabryinthCITY OF BOULDER PARKS AND RECREATION ADVISORY BOARD ITEM FOR INFORMATION MEETING DATE: Apri124, 2006 (Agenda Item Preparation Date: April 19, 2006) AGENDA TITLE: Discussion and Update on Grillo Labyrinth PRESENTERS: Jan Geden, CPRP, Director, Parks and Recreation Department Alice Guthrie, Parks and Planning Superintendent Mike Gurrola, Landscape_Architect . Executive Summary: The purpose of this item is to inform the Pazks and Recreation Board (PRAB) of the current proposal, construction schedule and receive comments regarding the proposed labyrinth to be constructed near Boulder Creek and the main library. Fiscal Impacts: Budgetary: Approximately $1,500 in stafftime and $2,100 in donated brick pavers from the Downtown and University Hill Management Division of the City of Boulder. Other impacts: Inconvenience to pazk users during construction. Board and Commission feedback: A plan was presented to the PRAB at its June 2005 business meeting as an informational item and at the April 12, 2006 study session. A brief discussion was held at the April 12, 2006 study session. In June 2005 one person from Lafayette spoke in opposition to the project. Public feedback: There have been no public meetings devoted to this item. This item was a feature article in the February 28, 2006 Daily Camera. Staff has not received any additional comments on this item. Staff Recommendation: Staff has none at this time. Analysis: The labyrinth project proponents include Susan Wadle, an advocate for the project, and local artists George Peters and Melanie Walker, of Airworks Studio Inc. In order for a non-governmental entity to construct and maintain a facility on city owned land there must be a legal agreement in place. The City Attomey deterxnined that a license agreement is the appropriate type of legal agreement for this project. The agreement must be approved by the PRAB and would have a three year term. The agreement would include specific provisions AGENDA ITEM # ; PAGE related to public access, construction methods, maintenance requirements, pesticide use and renewal or termination conditions. The City Attorney's Office and department staff aze currently drafting an agreement. Staff from the Library and Pazks and Recreation departments met in Februazy 2006 to address construction and maintenance concerns and reviewed the concems. These concerns were reviewed with labyrinth proponents. Since that meeting, the labyrinth proponents made modifications to plans and submitted a draft of a maintenance agreement. The site is owned by the City of Boulder and managed by the Pazks and Recreation Department. The area is east of 9th Street, south of Boulder Creek, north of the West Senior Center parking lot and west of the main branch of the Boulder Public Library. The proponents of the labyrinth gazden have constructed a temporary labyrinth for several yeazs in conjunction with the Boulder Creek Festival. Parks and Recreation staff was approached in 2003 with a plan to construct this outdoor walking path. Since that time, the labyrinth proponents applied for a wetland permit in June of 2005 and received approval later that year The proposed labyrinth garden will include a winding, unobstructed path leading from a point on the outside of the labyrinth design into the center and then out again. Subtle changes in grade may occur, and the labyrinth gazden area will be porous to allow for drainage. The labyrinth gazden will be for public use and will serve as an interactive art project accessible to all members of the community. The majority of the existing area is riparian zone and consists of mowed grasses and nonnative plants. Rock and wire gabion retaining walls separate the labyrinth gazden site from the creek, and wall and sloped walkways aze on the south side of the site. The proponents have organized volunteers to assist with project construction and expect to have the project complete within four to six weeks after final approval. The City of Boulder has committed to provide brick pavers for the walking path and the department is expected to provide limited relocation of irrigation heads. Next Steps: Staff is continuing to finalize the legal agreement with the labyrinth proponents and the City Attorney's office is expected to return to the PRAB at a later date for final approval. The labyrinth proponents will be encouraged to construct a temporary labyrinth for the 2006 Boulder Creek Festival. Attachments: A: Curcent Draft of License Agreement B: Artists Illustration AGENDAITEM# ;PAGE Attachment A CONSTRUCTION AND MAINTENANCE LICENSE AGREEMENT 951 - 953 ARAPAHOE AVENUE THIS CONSTRUCTION AND MAINTENANCE LICENSE AGREEMENT, ("AgreemenY') is by and between the City of Boulder, a Colorado home rule municipality, whose address is P.O. Box 791, Broadway, Boulder, CO, 80306 (the "City" or "Licensor"), and the Ainvorks Studio Incorporated, a Colorado corporation, whose address is 815 Spruce Street, Boulder, CO 80302, collectively known as Licensee ("Licensee") and is entered into effective as of the day of , 2006. RECITALS A. Licensee wishes to construct a path and associated improvements for a labyrinth gazden entitled "Meander & MeeY' ("Labyrinth") neaz the Boulder Public Library, (the "Library") addressed at 1000 Canyon Blvd, and generally located between Canyon Blvd. and Arapahoe Avenue, Boulder, Colorado, with the Library building constructed on both sides of and spanning Boulder Creek. B. The Labyrinth and associated improvements would be generally located on the south side of Boulder Creek by the Library and extending south and west approximately 100 feet to the northerly side of a wooden retaining wall at the Boulder Senior Center pazking lot generally located on Arapahoe Avenue and west of the Library. C. The Labyrinth and improvements will consist of a series of ineandering pathways and a circulaz labyrinth and would be approximately 235 feet long by 50 feet wide, as more fully described on Exhibit "A", attached hereto and incorporated herein by reference ("License Area"). D. It is recognized by the Parties that the development and use of portions of City property by the Licensee benefit the City and the public. E. T'he City is authorized by law to establish pazk areas and public uses. F. The Agreement is structured to grant a license in order to comply with the requirements of Section 164 of the Boulder City Charter and Section 8-3- 23, B.R.C. 1981 which together authorize the Pazks and Recreation Advisory Board to approve licenses recommended by the city manager provided the license does not exceed three yeazs in length. G. The Agreement shall be subject to final approval by the Parks and Recreation Advisory Board as a three yeaz agreement. S:~PR~PRAB~2006~Apri12006~L,ABYRINTH -mag\041706 Grillo CONSTRUCTION AND MAINTENANCE LICENSE AGREEMENT AC-mag.doc AGREEMENT NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises of the Parties set forth in this Agreement, the Parties agree as follows: Purpose. The City and the Licensee enter into this Agreement for the purposes of access, construction and maintenance of a path and improvements for a labyrinth garden and appurtenances thereto, by the Licensee, together with all rights and privileges as aze necessary or incidental to the reasonable and proper use of such licensed real property. 2. Consideration. In consideration For this license, the Licensee agrees to pay to the city the sum of Ten ($10.00) Dollazs and other good and valuable consideration, the receipt of which is hereby acknowledged. 3. Grant of License. The Parties agree that this Agreement grants only a license. It is a grant of permission far the Licensees to do those items outlined in this Agreement. It shall not be construed to convey any property interest in the License Area on which the labyrinth and paths are constructed. The City grants to the Grantee, its employees, authorized agents and contractors, permission to enter onto the License Area for the purposes set forth in this Agreement, which include without limitation, provisions for the following: Construction, maintenance and care of the labyrinth and pathways is set forth below in Pazagraph 7 of this Agreement and all other activities necessary and incidental to the consiruction of the labyrinth and path. 4. Term of License. The term of the License granted by this Agreement shall be for a period not to exceed Three (3) Years from the date above stated, unless sooner terminated by the City as provided herein. This License may be renewed only by action of the Parks and Recreation Advisory Boazd. 5. Use of the Labvrinth. The Parties agree that the use of the Labyrinth and associated improvements shall be open to the public in a manner that is similar to other such City improvements and shall not exclude any member of the public from its use. 6. Improvements and Ownershiu. Unless otherwise set for[h in this Agreement, all improvements presently in place or to be constructed in the future on the License Area, shall remain with the land on which the improvements aze located and shall be considered the property of the City. 7. Citv's Representative. Mike Gurrola, with the Boulder City Pazks and Recreation Department (Ph. 303/413-7228) will be the City's representative appointed to coordinate activities with the authority to make decisions as may be required S:~PR~PRAB~2006~Apri12006\LABYRINTH -mag\041706 Grillo CONSTRUCTION 2 AND MAINTENANCE LICENSE AGREEMENT AC-mag.doc under this Agreement. The City retains the right to name a different representative and will notify the Licensee should its representative change. 8. Construction, Maintenance and Care. The Licensee hereby agrees to construct, maintain and care for the License Area as follows: a. Construct of a series of ineandering pathways and a circular labyrinth composed of paver brick and crusher fine paths over a base of weed cloth. b. The azea paths will be dug to a four (4") inch depth, lined with paver bricks and filled with path gravel. c. Maintenance will consist of tamping and sweeping the crusher fine until the material is stabilized, maintaining any wash damage from minor creek overflow or other such water damage, checking for paver gaps and filling any sunken pavers from settling soils, weeding the beds on a monthly schedule, weekly checks up to the wintering of the beds for moisture and plug health, repairing any visitor damage to the beds and screening off azeas of weaz and damage, as necessazy. d. Licensee agrees that it is responsible for protecting, and shall protect, all existing Library support columns, trees and vegetation. e. Construction access routes and activities sha11 be approved, in advance, by the City with orange protective fencing and/ar traffic cones placed along any proposed access routes and said routes shall be minimized to a single-travel corridor. f. Construction equipment operators shall be instructed to take any and all necessary precautions to avoid damage to the outside overhead ceilings at the Library. 9. Notification. The City's representative shall be notified by phone and in writing no later than forty-eight (48) hours before any construction is commenced in the License Area. Construction notification shall also be provided by phone to Michael Mundy (303/441-3451) or Lisa Green (303/441-3858), with the Boulder City Parks and Recreation Department. 10. Repairing Damage. If Licensee damages any existing site or public amenities, including but not limited to, the pavement, sod, trees, outside or within the License Area, Licensee sha11 be required to immediately report any such damage to the City representative and to repair such amenities to the same or better condition which meets the original design specifications or the City of Boulder Design and Construction Standards, whichever may be applicable. Pavement shall be replaced at a thickness of six (6") inches, regazdless of the original design specification. S:~PR~PRAB~2006~?,pri12006~I.ABYRINTH -mag\041706 Grillo CONSTRUCTION 3 AND MAINTENANCE LICENSE AGREEMENT AGmag.doc 11. Parking Area. Before commencing construction, Licensee shall submit a proposal, for City approval, the boundazies of any pazking and staging azea for material stockpiling as well as pazking for the public and construction workers. The City's representative shall have at least fifteen (15) days to review said proposal for approval, rejection or, require changes as may be necessary. 12. Construction Debris. Licensee agrees that any construction debris or mud tracking onto the public rights-of-way, resulting from construction in the License Area, shall be removed by the Licensee. Licensee further agrees to properly barricade the construction site until all construction is complete. Licensee shall comply with a11 City, State and Federal requirements to prevent the movement of debris and materials or liquid of any kind into Boulder Creek. 13. Construction Schedule. Licensee agrees to provide the City's representative with a construction schedule associated with this project incorporating, but not limited to, time of commencement, time of completion daily clean up, hours of operation, and weather delay information, one (1) week prior to commencing construction. 14. Supervision. The Parties agree that neither assumes any responsibility hereunder for providing supervision for the public's use of the License Area. 15. Structures. Excepting the labyrinth path as shown on the attached Exhibit "A", the Parties agree that no perxnanent structures or improvements sha11 be placed on the License Area by either Party and that said public use of the License Area will not be interfered with or otherwise obstructed except as authorized by Pazagraph 8 of this Agreement. 16. Notice of Defects. Each Party agrees to notify the other of any defects or potential defects, dangerous conditions or potentially dangerous conditions, claims or potential claims from damage or injury that come to its attention in connection with usage of the License Area. Licensee is responsible for compensating the City for any damage caused by Licensee or its contractors or agents. The value of such damage will be assessed by the City's Representative or Facility Asset manager and paid to the City within fifteen (15) days of the City's demand for said payment. 17. Indemnification. The Grantee covenants that it will indemnify, defend and hold the City hannless from all claims, demands, judgments, costs, and expenses, including attorney's fees, arising out of any accident or occurrence causing injury to any person or property whomsoever or whatsoever due directly or indirectly to Grantees use or maintenance of the License Area during the term of this Agreement, unless such accident or occurrence results from any tortuous misconduct or negligent act or omission on the part of the City, its agents or employees. S:~PR~PRAB~2006~.Spri12006\LABYRINTH -mag\041706 Grillo CONSTRUCTION 4 AND MAINTENANCE LICENSE AGREEMENT AC-mag.doc 18. Exemption. It is the intention of the Parties to make the License Area available to the public for recreational purposes and to limit the Parties' liability towazd persons entering there on to the extent permitted by Colo. Rev. Stat. §§ 33-41-101 et seq, in the event that either or both of the Parties would otherwise be liable. 19. Immunitv. Nothing contained in this Agreement shall constitute any waiver by the City of the provision of the Colorado Governmental Immunity Act or any other immunity or defense provided by statute or common law. 20. Joint and Several Liabilitv. If this Agreement is signed on behalf of the Licensee by more than one entity, then the liability of the entities so signing shall be joint and several. The language "joint and several" means that if more than one entity has signed this Agreement, then each of these entities individually and all of these entities collectively, are fully responsible for all of the obligations of this Agreement, except where expressly otherwise agreed between the City and the Licensee. 21. Insurance. Licensee agrees to be liable for and agrees to, at Licensee's sole expense, to maintain, or cause to be maintained with insurers approved by Licensor, a comprehensive generalliability insurance with minimum limits of $150,000.00 per person, $600,000.00 per accident and Property Damage limits of $600,000.00 per accident, naming the City of Boulder as Certificate Holder AND Additional Insured, and including the limits of each policy, the policy number, the name of the insured, the effective date and expiration date of each policy, and a copy of an endorsement on each policy requiring ten (10) days notice, by mail, to the City of Boulder before the insurer may cancel the policy for any reason. The above states policy limits sha11 be raised by Licensor to meet any additional coverage required by amendments to the Colorado Governmental Immunity ct. Licensor shall be named insured on each policy. Lessee shall Provide Licensor with a Certificate of Insurance as evidence of compliance with the provisions of this paragraph. Lessee further shall provide Licensor with a Certificate of Insurance if the policy is renewed or changed during the term of the Revocable License. This policy shall stand as the primary liability policy with respect to any interest the Licensor may have in this property. This policy shall remain in effect for the duration of the Revocable License. Licensee shall notify the Licensor thiriy (30) days prior to the cancellation of insurance coverage. All insurance policies and certificates shall be submitted prior to the execution of the Revocable License and shall be subject to approval by the Licensor. S:~PR~PRAB~2006~Apri12006~I,ABYRINTH -mag\041706 Grillo CONSTRUCTION 5 AND MAINTENANCE LICENSE AGREEMENT AC-mag.doc 22. Notices. All notices, termination, demands, acceptances and approvals required hereunder will be in writing and served either by first class mail, postage prepaid, or by personal delivery, to the addresses shown below, until notification of any change of address: LICENSOR: CITY OF BOULDER Attn: City Manager P.O. Box 791 Boulder, CO 80306 cc: PARKS AND RECREATION DEPT. Attn: Mike Gurrola 3198 Broadway Boulder, CO 80304 LICENSEE: cc: AIRWORKS STUDIO INC. Attn: George Peters and Melanie Walker 815 Spruce Street Boulder, CO 80302 Notices, termination, demands, acceptances and approvals properly addressed and mailed will be deemed delivered on the eazlier of actual receipt or the third (3`d) business day following such mailing. 23. Amendments. No changes, alterations or modifications to any of the provisions hereunder will be effective unless contained in a written agreement signed by the Parties. 24. Entire Aereement. This Revocable License embodies the entire agreement and understanding between the City and the Licensees, and supersedes any prior oral or written agreements relating to this transaction. This Revocable License will be construed under and governed by the laws of the State of Colorado. If any term of this Revocable License or any application thereof will be invalid or unenforceable, the remainder of this Revocable License and any other application of such terms will not be affected thereby. 25. No Assienment. Licensee shall not assign this Agreement to any other person or entity without the express written consent of the City, which may be withheld for any reason. S:~PR~PRAB~2006~Apri12006\LABYRINTH -mag\041706 Grillo CONSTRUCTION 6 AND MAINTENANCE LICENSE AGREEMENT AC-mag.doc 26. No Third Partv Beneficiaries. The covenants and agreements contained in this Agreement aze for the benefit of the Grantees and the City only, and do not create any obligations or duties to persons not parties hereto. 27. Ternunation and Non-Renewal. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time, without cause, by providing written notice of termination to the Grantee. Such notice shall be delivered at least thirty (30) days prior to the termination date contained in the notice unless otherwise agreed to, in writing, by the Parties. Licensee may be required, at its sole expense, to remove any improvements and restore the License Area to its original condition upon such termination. Licensee may terminate this Agreement upon thirty (30) days written notice of termination. If Licensee terminates or fails to renew this Agreement, the City may require licensee, at its sole expense, to remove any improvements and restore the License Area to its original condition upon such termination. 28. Bindine Effect. This Agreement shall be binding jupon the Parties and their successors in interest. 29. Authoritv. The Parties represent that the individuals signing this Agreement on their behalf possess full power and authority from their respective governing boazds in compliance with Colorado law. 30. Waiver. No waiver of any right under this Agreement shall operate as, or be construed to be, a waiver of any subsequent breach of the same or any other provision of this Agreement. 31. Cooperation. Each Party agrees to perform all other acts and execute and deliver all other documents as may be necessazy or appropriate to carry out the intent and purposes of this Agreement. Each Party agrees to comply with all applicable laws, ordinances, and regulations during the performance of this Agreement. 32. Severabilitv. 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. S:~PR~PRAB~2006~April 2006\LABYRINTH -mag\041706 Grillo CONSTRUCTION 7 AND MAINTENANCE LICENSE AGREEMENT AC-mag.doc THIS AGREEMENT shall be effective as of the day of , 2006, upon the execution by both Parties. CITY OF BOULDER, a Colorado home rule municipality By: Frank W. Bruno City Manager ATTEST: Director of Finance and Record Ex-Officio City Clerk Approved As To Form: City Attorney's Office LICENSEE: Airworks Studio Incorporated, a Colorado corporation By: George Peters As: By: Melanie Walker As: STATE OF COLORADO ) COUNTY OF BOULDER ) ss. S:~PR~PRAB~2006\Apri12006\LABYRINTH -mag\041706 Grillo CONSTRUCTION 8 AND MAINTENANCE LICENSE AGREEMENT AGmag.doc The foregoing instrument was acknowledged before me, a notary public, this _ day of , 2006, Witness my hand and official seal. Notary Public My commission expires: (SEAL) STATE OF COLORADO) ss. COUNTY OF BOULDER) The foregoing instrument was acknowledged before me, a notazy public, this day of , 2006, by George Peters, as on behalf of Airworks Studio, Inc., a Colorado corporation. Witness my hand and official seal. Notary Public My commission expires: (SEAL) STATE OF COLORADO ) ss. COUNTY OF BOULDER ) The foregoing instrument was acknowledged before me, a notary public, this day of , 2006, by Melanie Walker, as , on behalf of Airworks Studio, Inc., a Colorado corporation. Witness my hand and official seal. Notary Public My commission expires: (SEAL) S:~PR~PRAB~2006~Apri12006~L,ABYRINTH -mag\041706 Grillo CONSTRUCTION AND MAINTENANCE LICENSE AGREEMENT AC-mag.doc EXHIBIT A Drawin~ of the License Area S:~PR~PRAB~2006~Apri12006\LABYRINTH -mag\041706 Grillo CONSTRUCTION 10 AND MAINTENANCE LICENSE AGREEMENT AC-mag.doc -.~ -,,.~.~;~; _ - ~. _ ., - M1 .., n~;: ~~ r~~~ ,..::~= ;~'~; _ ~ 'v;. ~~ , . . . _ ,,;, ;w;, .Y' - ` j ~, ~ ~~3 4 M . ~-~' M .') Y '. ' . -- l \ J '.- w ~t~. -_ . ~. {~.~ f ~T h~' R t 'f'~',i S ~i /S~r y :~ } , ~Li^~~.~ : , `yl ;~ :°`~ ' _ . :.:;~ :}~:~:'~`:~~i '~A'.~. y ~ ~ w ~ ~r ~ t~ ~ ~