INTERGOVERNMENTAL AGREEMENT BETWEEN HIGHLANDS RANCH METROPOLITAN DISTRICT AND THE DOUGLAS COUNTY SCHOOL DISTRICT Re.l

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1 INTERGOVERNMENTAL AGREEMENT BETWEEN HIGHLANDS RANCH METROPOLITAN DISTRICT AND THE DOUGLAS COUNTY SCHOOL DISTRICT Re.l HIGHLANDS RANCH ELEMENTARY SCHOOL OUTDOOR FACILITIES THIS AGREEMENT is made this 1st day of September, 2008 by and between the Douglas County School District (hereinafter called "District"), and the Highlands Ranch Metropolitan District (hereinafter called "HRMD"). Updated on November 24, 2014 WITNESSETH WHEREAS, the District and HRMD have a common interest with respect to the public served, and WHEREAS, the District and HRMD have a mutual desire to maximize the efficient use of both park and elementary school athletic fields, shelters and restrooms ("Outdoor Facilities") to further recreation and athletic opportunities available in Highlands Ranch, and WHEREAS, the District has agreed to enter into a Joint Use Agreement with HRMD, specifically outlining terms and condition for use of Outdoor Facilities. NOW, THEREFORE, it is mutually agreed between the parties as follows: 1. Subject Properties: The properties subject to this Agreement shall be the Outdoor Facilities located at all elementary schools located within the boundaries of the Highlands Ranch Metropolitan District (Exhibit A). 2. Annual Review: The agreement shall be reviewed annually, to determine scheduling, improvement planning and the continued equity of each party's responsibilities. Both parties agree to meet in January of each year for the purpose of reviewing the prior year's usage, to consider any problems or conflicts arising out of the shared use plan and to schedule usage for the coming year. 3. Use of Fields: The District and each elementary school shall have exclusive rights to schedule all usage of athletic fields and shelters, during school hours, generally from 7:30a.m. to 4:00 p.m. or any time school is in session. The District shall have first right to schedule after hours and during school breaks and/or vacations, provided that use has been scheduled and coordinated with HRMD. The District shall have the right to utilize athletic fields and shelters not previously scheduled, upon three (3) days notice to HRMD, however the District will provide as much early notification as possible, in order to avoid scheduling conflicts. HRMD shall have the exclusive right to schedule use of athletic fields and shelters after school hours, during school breaks and weekends. HRMD will provide a reservation notification board and post a reservation calendar at each location. HRMD and the Facility Use Coordinator for the *Agreement automatically renewed on September 1 st of each year

2 District shall meet in January of each year to make arrangements for the scheduling of a calendar for the spring, summer, and fall of the upcoming year regarding use of the Outdoor Facilities. 4. Rental Fees: HRMD shall have the right to assess and collect fees for the rental of Outdoor Facilities in accordance with the HRMD park reservation policy during hours of HRMD use. It is understood that reservations approved by HRMD shall be taken on a first come, first served basis to all members of the community, however HRMD Park Reservation policies shall be in effect as approved by the HRMD Boards. The resident rate shall be afforded to Douglas County residents for the rental of Outdoor Facilities at elementary schools in Highlands Ranch. Revenues associated with fees collected shall be designated to offset HRMD administrative costs, not to exceed 15% of fees collected and an amount not less than 85% shall be designated to offset approved improvement projects of benefit to both parties, as well as field maintenance costs incurred by HRMD. 5. Field Agreements: Any user reserving the Outdoor Facilities through HRMD shall execute a reservation contract prior to scheduled use, attached hereto as Exhibit A, which includes current District policies as submitted to HRMD. District shall notify HRMD of any changes or revisions to policies regarding use of Outdoor Facilities. 6. Outdoor Facilities Improvements: Improvements made by HRMD may include the following; sod, top dressing and overseeding, the addition of infield mix, base mounts, or other sport field needs at the athletic fields and shelters. Restroom facility financing and construction will be subject to District review and approval. These projects shall be prioritized by HRMD based on need and resources. Any and all projects shall be submitted to and approved by HRMD and the District. Future improvement projects, including equipment purchases shall be agreed to by both parties and paid for through the revenues resulting from reservation fees. 7. Maintenance: The parties shall share the cost and responsibility for maintenance of the Outdoor Facilities. District shall provide for the watering costs for all athletic field sites at elementary schools. The District shall provide general athletic field upkeep at all elementary schools to current equipment and amenities, including irrigation systems and sprinkler repairs resulting from normal wear and tear. The District shall provide fertilization of school athletic sites at a minimum of two applications per year. HRMD shall provide aeration of all athletic field sites a minimum of twice annually. HRMD shall provide trash removal services at the Outdoor Facilities. HRMD shall be responsible for maintenance of the shelters and outdoor restrooms. HRMD and District shall equally share the liability and cost of repairs for shelters. HRMD shall assume all liability and any costs associated with the repair of outdoor restrooms. Schedules shall be provided on an annual basis to operations staff of both HRMD and the District to assist in maintenance scheduling and athletic field preparation. The District and HRMD agree to coordinate such maintenance and repairs of the Outdoor Facilities when it is most beneficial to both parties. HRMD shall assume all responsibility for the athletic field preparations required to accommodate reservations and sport use. 8. Maintenance Standards: Maintenance standards shall be established and agreed upon by both HRMD and the School District that meet or exceed the current standards utilized and developed by the parks staff at the HRMD in relation to sports field use. Products used in the 2

3 care, operation and maintenance of school fields will be approved by the District to ensure compliance with all environmental and storm water runoff requirements. At the meeting held pursuant to Paragraph 2, the designated representatives of the School District and the HRMD will address and outline maintenance procedures that will occur to accomplish those operational and compliance standards. 9. Dangerous Conditions: The District and HRMD agree to immediately inform each other of any dangerous or potentially dangerous condition existing on property subject to this Joint Use Agreement. II. Utilities: As stated in paragraph 7, the cost of utilities including water associated with the facilities under this Agreement shall be the responsibility of the District. 12. Property Damage: In the case of damage, theft or destruction to any Outdoor Facility used under this Agreement, the particular user at the time of the damage, theft or destruction shall be fully responsible for the funding of full repair, replacement or reconstruction, as required; provided however, that if the responsible party is either the District or HRMD, both understand and agree that said funding for maintenance, repair, replacement or reconstruction is expressly subject to appropriation by the governing body of each respective party. To the extent any damage is covered by insurance, the proceeds of such insurance will be used for the repairs. It is further understood that individual parties reserving Outdoor Facilities through HRMD shall be required to sign as part of their reservation contract, an agreement assuming responsibility through restitution for damage, theft or destruction occurring during their reservation. HRMD shall assume responsibility for pursuing restitution from individuals or organizations whose facility use has been determined responsible for said damage, theft or destruction. 13. Insurance: The District and HRMD shall procure and maintain adequate hazard and liability insurance coverage for claims which may arise during the periods of time in which that party has control of the sites. Such coverage's shall be procured from insurers which are authorized to do business in the State of Colorado. HRMD shall assume responsibility for assuring that signed reservation contracts containing insurance requirements and certificates of insurance are obtained from any third parties reserving and using the subject properties. 14. Term of Agreement- The term of this Joint Use Agreement shall begin on the date set forth above and shall be valid for five (5) years, then automatically renewed on September 1 of each year, unless terminated by either party. Both parties agree to meet for the purpose of reviewing, on an annual basis the previous year's usage and to schedule usage for the coming year. In addition, both parties will work to adjust and clarify scheduling and uses of the Outdoor Facilities. 15. Cooperative Efforts It is understood and agreed between the District and HRMD that the terms, conditions and provisions of this Agreement shall be liberally construed in order to promote a harmonious relationship with regard to the co-existence of the District programs and the HRMD programs or rentals at each site; however, in the event that there is an irreconcilable dispute between the parties with regard to an interpretation of the terms, conditions and 3

4 provisions of this Agreement, the matter shall be referred to the General Manager of HRMD and the Superintendent of Douglas County School District, or designee, for resolution. 16. Budget- It is understood and agreed by the District and HRMD that their involvement in this Joint Use Agreement does not in any way create an obligation on either party to budget monies for expenditures under this Agreement, but both parties agree to give due consideration to budgeting such amounts each year that are necessary to fulfill the terms and conditions of this Agreement. 17. Appropriations of Funds- Performance of each party's obligations under this Agreement is expressly subject to appropriation of funds by each party. Further, in the event that funds are not appropriated in whole or in part sufficient to fulfill obligations of this Agreement or funds may not be expended due to State Statute spending limitations, then either party may terminate this Agreement. 18. Termination - It is understood and agreed by the District and HRMD that either party may terminate this Agreement with six (6) months written notice. It is further agreed that in the event of termination by either party, any existing Outdoor Facility reservations shall remain in effect through the date of use. 19. Amendment- No amendment or modification of this Joint Use Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of this Agreement. 20. Integration -This is a completely integrated Agreement and contains the entire agreement between the parties, and any prior written or oral agreements which are different from the terms, conditions and provisions of this Agreement shall be of no effect and shall not be binding upon either party. 21. Notice- All written notices required hereunder shall be given to: Douglas County School District Chief Operating Officer 620 Wilcox Street Castle Rock, Colorado Highlands Ranch Metropolitan Districts Director of Parks and Open Space 62 W. Plaza Drive Highlands Ranch, Colorado All written notices shall be considered effective when delivered by hand delivery. 21. Governing Law- This agreement is made and delivered in the State of Colorado, and shall be construed and enforced in accordance with the laws thereof. 4

5 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. Douglas County School District Re.1 Derek Chaney Title: Director of Activities, Athletics and Student Leadership Bo Bacon Title: Director of Facilities Highlands Ranch Metropolitan District Terry Nolan Title: General Manager Carrie Ward Title: Director of Parks, Recreation and Open Space 5

6 5 EXHIBIT A Arrowwood Elementary Arrowwood Drive Highlands Ranch, Colorado Bear Canyon Elementary 9660 Salford Lane Highlands Ranch, Colorado Copper Mesa Elementary 3501 Poston Parkway Highlands Ranch, Colorado Cougar Run Elementary 8780 Venneford Ranch Road Highlands Ranch, Colorado Coyote Creek Elementary 2861 Baneberry Court Highlands Ranch, Colorado Eldorado Elementary 1305 Timbervale Trail Highlands Ranch, Colorado Fox Creek Elementary 6585 Collegiate Drive Highlands Ranch, Colorado Heritage Elementary 3350 Summit View Pkwy. Highlands Ranch, Colorado Northridge Elementary 555 Southpark Road Highlands Ranch, Colorado Redstone Elementary 9970 Glenstone Circle Highlands Ranch, Colorado Saddle Ranch Elementary 805 W. English Sparrow Trail Highlands Ranch, Colorado Sand Creek Elementary 8898 S. Maplewood Drive Highlands Ranch, Colorado Stone Mountain Elementary Weatherfield Way Highlands Ranch, Colorado Summit View Elementary S. Piedmont Drive Highlands Ranch, Colorado Trailblazer Elementary 9760 S. Hackberry Highlands Ranch, Colorado

7 INTERGOVERNMENTAL AGREEMENT BETWEEN THE HIGHLANDS RANCH METROPOLITAN DISTRICT AND THE DOUGLAS COUNTY DISTRICT RE. 1 SHEA STADIUM AT HIGHLANDS RANCH THIS JOINT USE AGREEMENT is made to be effective the 1st day of September, 2008, by and between Douglas County District RE. 1 (hereinafter called "District") and the Highlands Ranch Metropolitan District (hereinafter called "HRMD"). WHEREAS, the District and HRMD have a common interest with respect to the public served; and WHEREAS, the District is the owner of Shea Stadium at Highlands Ranch, located within Redstone Park; and WHEREAS, the HRMD is the owner of Redstone Park; and WHEREAS, the District and HRMD have a mutual desire to provide recreational and athletic opportunities at Shea Stadium at Highlands Ranch and Redstone Park; and WHEREAS, the District has constructed parking facilities for Redstone Park in association with its use of Shea Stadium at Highlands Ranch; and WHEREAS, the District has a need for parking facilities in association with its use of Shea Stadium at Highlands Ranch; and WHEREAS, $120,000 in Great Outdoors Colorado funds have been expended for this facility for public outdoor recreation use; and WHEREAS, the District and HRMD are interested in sharing the stadium and parking facilities in the Redstone Park facility NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed between the parties as follows: 1. Term of Agreement: The initial term of this revised Joint Use Agreement shall be twenty-five (25) years from the date the artificial turf was installed in the stadium, that is it shall expire on July The specific terms and shared costs shall be updated and revised as needed. If public use is terminated prior to the initial term, the District must repay Great Outdoors Colorado all funds contributed to this facility. The Agreement will be automatically renewed for a second ten (10) year period, unless cancellation provisions are agreed to by both parties. Both parties agree to meet in January of each year for the purpose of reviewing the prior Updated on November 24, 2014 *Agreement in effect until July 2041

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9 evenly. Any overpayments or underpayments will be agreed to and adjusted at the meeting held pursuant to Paragraph Maintenance Costs: The District and HRMD will maintain the stadium in a manner consistent with other like facilities. Prior to performing any maintenance not covered by Paragraph 7, the parties will agree on the costs and the share to be paid by each party. The scoreboard shall be maintained by the District and all costs shall be paid by the District. 9. Snow Removal: The parties agree to cooperate to remove snow from the playing field. The District will reimburse HRMD for any snow removal done for a District event. Snow removal for parking will be the responsibility of the party whose event requires the removal. 10. Stadium Cleaning: It will be each party's responsibility to clean the stadium, including the bleachers, parking lots, concession area, team rooms and restrooms after their respective events. 11. Concessionaire: The District will be the concessionaire for activities at the stadium. If requested by the HRMD, the District will provide concession services for the HRMD at pricing levels provided for school activities. If District provided concession service is unavailable, HRMD may provide for other concession services. 12. Staffing: Event staffing costs will be the sole responsibility of the user. 13. Equipment: The District will purchase and maintain equipment for stadium activities, including pads for goal posts, flags, field markers, stencils and headset/communication equipment. Purchase and maintenance of soccer nets will be a shared cost of both parties. 14. Parking Management Plan: The parties will develop a parking plan that combines on-site and off-site parking facilities to serve stadium activities. 15. Trash: The District will provide adequate trash receptacles. The party using the facility will remove all trash from receptacles from the event. 16. Dangerous Conditions: The District and the HRMD agree to immediately inform each other of any dangerous or potentially dangerous condition existing on property subject to this Joint Use Agreement. 17. Field and Building Damage: It is agreed that the HRMD and the District will share the costs of all field damage in proportion to actual use. It is further agreed that each entity will be responsible for building damage that may occur during their respective usage times. The District and HRMD shall review such damage as part of the annual meeting, and each party must agree to the necessary expenditures prior to incurring any cost. 18. Turf Replacement: It is agreed that HRMD and the District will share the costs for replacement of the synthetic turf at the end of its useful life, when determined to be necessary. Funding sources for replacement will be at the discretion of each entity. It is 3 Updated on November 24, 2014 *Agreement in effect until July 2041

10 understood that efforts will be made to establish a replacement timeframe with at least two years notice. UPDATE: The District and HRMD agree to replace the turf during the summer of Vandalism: Any vandalism in the stadium or adjacent HRMD property will be repaired within 24 hours of notice or being notified of the damage. If the vandalism occurs in conjunction with an event, the party holding the event will be responsible for the costs. Other vandalism repairs will be paid as provided in Paragraph Cooperative Efforts: It is understood and agreed between the District and the HRMD that the terms, conditions and provisions of this Joint Use Agreement shall be liberally construed in order to promote a harmonious relationship with regard to the coexistence of District programs and the HRMD programs. However, in the event that there is an dispute between the parties with regard to an interpretation of the terms, conditions and provisions of this Joint Use Agreement, the matter shall be referred to the Director of Parks and Open Space of the HRMD and the Chief Operating Officer of the District, or respective designees, for resolution. 21. Budget: It is understood and agreed by the District and the HRMD that their involvement in this Joint Use Agreement does not in any way create an obligation on either party to budget monies for expenditures under this Joint Use Agreement, but both parties agree to give due consideration to budgeting such amounts each year that are necessary to fulfill the terms and conditions of this Agreement. 22. Appropriation of Funds: Performance of each party's obligation under this Joint Use Agreement is expressly subject to appropriation of funds by each party. Further, in the event that funds are not appropriated in whole or in part sufficient to fulfill obligations of this Joint Use Agreement or funds may not be expended due to State statute spending limitations, then either party may terminate this Joint Use Agreement. 23. Insurance: The District and the HRMD shall procure and maintain adequate hazard and liability insurance coverage for claims which may arise during the periods of time in which that party has control of the site. Such coverages shall be procured from insurers which are authorized to do business in the State of Colorado. 24. Amendment: No amendment or modification of this Joint Use Agreement shall be valid unless expressed in writing and executed by the parties hereto in the same manner as the execution of this Agreement. 25. Integration: This is a completely integrated Agreement and contains the entire agreement between the parties, and any written or oral agreements which are different from the terms, conditions and provisions of this Agreement shall be of no effect and shall not be binding upon either party. 26. Early Termination: In the event this agreement is terminated prior to July 31, 2031, the District shall be solely liable for any repayment required by GOCO. 4 Updated on November 24, 2014 *Agreement in effect until July 2041

11 27. Notice: All notices required hereunder shall be given to: Douglas County District Re. 1 Chief Operating Officer 620 Wilcox Street Castle Rock, Colorado Highlands Ranch Metropolitan District Director of Parks, Recreation and Open Space 3280 Redstone Park Circle Highlands Ranch, Colorado All notices so given shall be considered effective when delivered by hand delivery and in writing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first written above. Douglas County School District Re.1 Derek Chaney Title: Director of Activities, Athletics and Student Leadership Bo Bacon Title: Director of Facilities Highlands Ranch Metropolitan District Terry Nolan Title: General Manager Carrie Ward Title: Director of Parks, Recreation and Open Space 5 Updated on November 24, 2014 *Agreement in effect until July 2041

12 SUPPLEMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN HIGHLANDS RANCH METROPOLITAN DISTRICT AND THE DOUGLAS COUNTY DISTRICT Re. 1 STONE MOUNTAIN ELEMENTARY SCHOOL THIS SUPPLEMENT TO INTERGOVERNMENTAL AGREEMENT is made this 1st day of September, 2008, by and between Douglas County District Re. 1 (hereinafter called District) and the Highlands Ranch Metropolitan District (hereinafter called HRMD). WHEREAS, the District and HRMD have entered into an Intergovernmental Agreement entitled Highlands Ranch Elementary School Outdoor Facilities and dated September 1, 2008; and WHEREAS, the District and HRMD have agreed to provide $290,000 each for the completion of a demonstration artificial turf project at the Stone Mountain Elementary School. NOW, THEREFORE, in consideration of the mutual covenants contained herein, it is agreed between the parties as follows: 1. Subject Properties: The properties subject to this Supplement joint use agreement shall be the Stone Mountain Elementary School playfield. 2. Applicability of IGA: Except as specifically set forth herein, all of the terms and conditions of the IGA shall apply to the Stone Mountain Elementary School. 3. Synthetic Turf Replacement Fund: The District and HRMD agree to set aside funds on an annual basis to provide for the replacement of synthetic turf. The synthetic turf is estimated to last 10 to 12 years and will cost approximately $300,000 to replace. Therefore each entity should anticipate an annual fund allotment of $15,000 per year for replacement. 4. Term of Agreement: The initial term of this Supplement shall be twelve (12) years, commencing with the date the field is completed. The Agreement will be automatically renewed for a second ten (10) year period, unless cancellation provisions are agreed to by both parties. Both parties agree to meet in January of each year for the purpose of reviewing the prior year's usage, to consider any problems or conflicts arising out of the shared use plan and to schedule usage for the coming year. Both parties agree to work together to resolve any conflicts in an expeditious manner. If the IGA expires prior to the expiration date of this Supplement, its terms and conditions shall nonetheless apply to the Stone Mountain Elementary School unless otherwise agreed by the parties. Updated on November 24, 2014 *Agreement in effect until 2030

13 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first written above. Douglas County School District Re.1 Derek Chaney Title: Director of Activities, Athletics and Student Leadership Bo Bacon Title: Director of Facilities Highlands Ranch Metropolitan District Terry Nolan Title: General Manager Carrie Ward Title: Director of Parks, Recreation and Open Space 2 Updated on November 24, 2014 *Agreement in effect until 2030