RESOLUTION NO. 58-97

 

 

A resolution supporting the amendment to the Master Agreement between the City of Grand Junction and the State Board of the Great Outdoors Colorado Trust Fund.

 

Whereas, the City of Grand Junction supports the completion of the Colorado Riverfront Greenway Legacy Project.

 

Whereas, the City of Grand Junction has received a grant from Great Outdoors Colorado to fund the Colorado Riverfront Greenway Legacy Project.

 

NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY OF GRAND JUNCTION THAT:

 

 

SECTION 1:  The City of Grand Junction hereby authorizes the City Manager to Sign

 the amendment agreement with Great Outdoors Colorado.

 

SECTION 2:  This resolution to be in full force and effect from and after its passage

  and approval.

 

PASSED AND APPROVED this 17th day of September, 1997.

 

 

 

               /s/ Janet Terry      

     President of the Council

 

 

ATTEST

 

 

/s/ Stephanie Nye    

City Clerk

 

 

AMENDMENT TO THE LEGACY PROJECT GRANT AGREEMENT

FOR THE COLORADO RIVERFRONT LEGACY PROJECT

 

This Amendment to Legacy Project Grant Agreement ("Amendment") is made effective as of

19th day of August 1997 among the undersigned parties under the following recitals:

 

RECITALS

A. On or about December 5, 1996, the undersigned parties executed that specific Colorado

Riverfront Legacy Project Grant Agreement, Great outdoors Colorado Contract

Number 6330 (the "Agreement").

 

B. Circumstance have changed with respect to the administration of the Grant under the

Agreement which the Parties desire to reflect in this Amendment. Unless otherwise

expressly defined herein, capitalized terms shall have the meaning assigned them in the

Agreement

 

 

AMENDMENT

 

NOW, THEREFORE-, in consideration of the foregoing, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree that the Agreement, shall be amended as follows:

 

A. Article VI, Section 5 is hereby deleted and replaced in its entirety with the following

language:

 

5. Liability.

 

a. To the extent allowed by law, Grantee shall indemnify, defend

and hold harmless the Board, its officers, agents and employees from any and all

liabilities, claims, demands, damages or costs (including reasonable attorneys' fees

and expenses of defending such matters) resulting from the acts or omissions of Grantee, its

officers, agents and employees in connection with this Agreement, except to the extent

caused by the negligence or willful and wanton conduct of the Board, its officers,

agents or employees.

 

 b. Notwithstanding any other provision of this Agreement to the contrary,

no term or condition of this Agreement shall be construed or interpreted as a waiver,

either express or implied, by any party to this Agreement, of any of the immunities,

rights, benefits or protection provided under the Colorado Governmental Immunity Act

 

 

as amended or as may be amended (including, without limitation, any amendments to such statute,

or under any similar statute which is subsequently enacted ("CGIA"). The parties agree that no

provision of this Agreement shall be construed in such a manner as to reduce the extent to which

the CGIA limits the liability of any party to Agreement.

 

 c. To the extent that Grantee is comprised of more than one entity, the

obligations of Grantee under this Section and shall be separate, and not joint and

several.

 

B. Article VI, Section 14 is hereby amended to add the following language:

 

The Board and Grantee hereby acknowledge and agree that this

Agreement is not intended to create a joint venture between the parties to this

Agreement. Grantee represents to the Board that the person(s) executing this

Agreement has the authority to do so and to bind the party or entity on behalf of

which it signs to the terms and provisions of this Agreement.

 

C. Article VI, Section 16 is hereby deleted and replaced in its entirety with the following,

language:

 

16. Multiple Year Obligations of the Board. To make certain the

understanding of the parties because this Agreement will extend beyond the current

fiscal year, the Board and Grantee understand, acknowledge, agree and hold that,

except for that portion of the Grant which has been appropriated by the Board for

payment in the current fiscal year, the financial obligations created under this

Agreement in no way constitute either a current or future obligation or expense of the

Board, The appropriated amount for a specific fiscal year shall be payable exclusively

from Board funds and shall not in any way be construed to be a general obligation

indebtedness of the State of Colorado or any agency or department at thereof. The Board

has not pledged the full faith and credit of the State, or any agency or department

thereof to the payment of the Grant hereunder, and this Agreement shall not directly or

contingently obligate the State or any agency or department thereof to apply money

from, or levy or pledge any form of taxation to, the payment of the Grant.

 

D. A new paragraph at Article VI, Section 21 is hereby created as follows:

 

21. Construction. Each party hereto has reviewed and revised (or requested

revisions of) this Agreement, and therefore, any usual rules of construction requiring

that ambiguities are to be resolved against a particular party shall not be applicable in

the construction and interpretation of this Agreement.

 

E. A new paragraph at Article VI, Section 22 is hereby created as follows:

 

 

22. Severability. If any provision of this Agreement is declared void or

unenforceable, such provision shall be deemed severed from this Agreement, and the

balance of this Agreement shall otherwise remain in full force and effect.

F. A new paragraph at Article VI, Section 23 is hereby created as follows:

  23. Third Party Beneficiary. The Board and Grantee hereby acknowledge

and agree that this Agreement is intended to only cover the relative rights and

obligations between the Board and Grantee and that no third party beneficiaries are

intended.

 

G. With respect to the Colorado Division of Parks and Outdoor Recreation and the

Colorado Division of Wildlife (collectively, the "Divisions'), the parties hereby

acknowledge and agree as follows:

 

(i) Recital C is hereby amended to read as follows:

 

Grantee together with the Divisions submitted a detailed project

application (the “Project Application") to the Board for the completion of the project

entitled and described above (the “Project"). On May 22, 1996, the Board approved

the Project Application subject to the following contingencies (i) total net proceeds

available from the lottery programs equals or exceeds $87,000,000 each year and the

Board continues to receive its portion of the total net proceeds as currently allocated

under Article XXVII of the Colorado Constitution; (ii) Grantee and the Divisions

execute separate detailed grant agreements with the Board; and (iii) Grantee and the

Divisions each discharge all of their respective obligations under their respective grant

agreement with the Board.

 

(ii) Because the Divisions will be executing a separate grant agreement for

the Project, the definition of Grantee in the Agreement is hereby revised to expressly

exclude the Divisions.

 

(iii) Article 1, Section 2. Notwithstanding the fact that Grantee and Divisions

will execute separate grant agreements for the Project, Grantee and the Divisions will

jointly complete a detailed work plan which describes all the phases of the Project and

includes those elements set forth in the Agreement.

 

H. The Parties intend this to be a valid amendment to the Agreement as required by

paragraph 15 of the Colorado Riverfront Legacy Project Agreement.

 

This Amendment is executed as of the 19th day of August 1997.

 

 

STATE BOARD OF THE GREAT OUTDOORS COLORADO TRUST FUND

 

 

         

William Shafroth, Executive Director

 

 

GRANTEE:

 

MESA COUNTY LAND CONSERVANCY

 

 

By:              

 

Name:              

 

Title:              

 

 

 

 

CITY OF GRAND JUNCTION

 

 

By:              

 

Name:                  

 

Title:              

 

 

CITY OF FRUITA

 

 

By:              

 

Name:                  

 

Title:              

 

 

 

 

 

 

 

 

TOWN OF PALISADE

 

 

By:              

 

Name:              

 

Title:              

 

 

MESA COUNTY

 

 

By:              

 

Name:              

 

Title: