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HomeMy WebLinkAbout99- Loveland CO JUL-21-09 01 :27 PM L. H. P. A. 0 6697390 P. 02 MEMORANDUM OF: UNDERSTANDING This Memorandum of Understanding is dated this a�day of April, 1999, by and between the City of Loveland (the "City') and the Loveland High Plains Arts Council ("High Plains") and is intended to delineate the responsibilities of the parties regarding the Benson Park Sculpture Garden (the "Garden"). RECITALS: A. Over the years, each of the parties have installed in the Garden certain permanent improvements, in addition to the sculpture works, which have benefitted the Garden. B. The parties have worked cooperatively to maintain the permanent improvements and to enhance the beauty of the Garden. C, This memorandum of understanding is intended to address the respective responsibilities of the City and High Plains with regard to the maintenance and improvement of the Garden. NOW THEREFORE, inconsideration of the mutual promises and covenants contained .in this memorandum of understanding, the parties agree as follows: 1. The parties shall continue to work cooperatively to best serve the interests of the Loveland community as the development of the Garden progresses and changes in the future. 2. All existing permanent Improvements, such as sidewalks, pavilion, and utility lines, and any future permanent improvements installed by the High Plains (collectively, the 'Improvements"), are hereby conveyed to the City, The City shall have the sole responsibility for the operation and maintenance of the Improvements, at the City's sole cost and expense. Installation of any future permanent improvements by High Plains is subject to the prior written approval of the City's Department of Parks & Recreation. 3. High Plains has in the past, and will continue in the future, to install and maintain plants and shrubs around the sculpture works in the Garden through an "Adopt- A-Garden" program. High Plains shall recruit volunteer groups and individuals for this project, as well as paying for the landscape material. Should the responsibilities of High Plalns exceed its volunteer and financial capacity to malntaln the landscaping in an appropriate manner, the City, acting through the Department of Parks & Recreation, will cooperate with High Plains to assist it the landscaping maintenance project as long as budgetary resources are appropriated and available. JUL-21-09 01 :27 PM L. H. P. A. C. 6697390 P. 03 _ 4. High Plains, sole reason for existence is to organize, manage, and conduct the annual ",Sculpture in the Park,, show and sale, with profit proceeds being used to purchase additional sculpture works for installation in the Garden, and to finance other improvements at Benson Park (the "Park"). It is the intent of High Plains to allocate as many of its resources as possible toward the purchase of sculpture works, High Plains may, from time to time, seek other funding sources for Park improvements, including requests for funding from the City of Loveland and through donations from the community. 5. High Plains may install certain temporary improvements, such as tent structures and electrical boxes, in the Park to support the annual -Sculpture in the Park" show (the "Show"). All temporary improvements associated with the Show shall be reviewed and approved by the Department of Parks & Recreation prior to installation. High Plains shall have the sole responsibility to-install,.maintain and return the Park to the before-Show condition. During the Show, the City shall cooperate and provide resources to assist High Plains with emergency services, traffic control, and grounds preparation and renovation so as to ensure a safe and successful event will occur. High Plains shall have the responsibility to repair, at its sole cost and expense, any and all damages to the Park related to the Show, other than normal wear and tear. In addition, the City may request that High Plains assist it in defraying some of the costs Incurred by the City for assistance services in connection with the Show. 6. High Plains shall have the right to use the Park for a two-week period, generally before and after the first or second weekend in August of each year, to prepare for the Show, to conduct the Show and to clean up following the Show:This right shall exclude any other individual, group, or organization from use of Park so as to avoid any conflict of use. 7. The Benson Park Sculpture Garden Master Plan, attached hereto as Exhibit A (the Plan"), shall serve as a conceptual guide for future sculpture locations and improvements to the Park. The Plan may be periodically modified and updated, as necessary. 8. The effective date of this memorandum of understanding is set forth above and shall be automatically extended from year to year, unless either party provides thirty days' notice to the other of cancellation. This memorandum of understanding may be amended by written agreement of both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and year first above written.