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RESOLUTION NO. 5 SERIES 1993 A RESOLUTION APPROVING A FACILITY USE AGREEMENT BY AND BETWEEN THE CITY OF LOUISVILLE AND THE BOULDER VALLEY SCHOOL DISTRICT AND AUTHORIZING THE KAYOR TO EXECUTE THE SAKE. WHEREAS, the Boulder Valley School District No. RE-2 ("District") and the City of Louisville, Colorado, ("City") entered into a Land Dedication Agreement in May of 1987, containing a Facility Use Agreement as Attachment C thereto to permit the City to use Fireside School recreational facilities for City recreation programs; and WHEREAS, the Facility Use Agreement was executed in May 1987 by the District and City in conjunction with the Land Dedication Agreement providing a site for the Fireside School; and WHEREAS, the Fireside School was completed in 1990 and the District and the City have been effectively operating under the provisions of the Facility Use Agreement since that time, and; WHEREAS, the Facility Use Agreement contained certain prOV1Slons the specifics of which the parties intended to be determined at a later date upon further agreement of the parties; and WHEREAS, the District and the City have reached agreement with respect to those provisions as follows: (1) the in kind dedication of property to the District shall be amortized over a fifteen (15) year period; (2) the Agreement shall initially be for a term of fifteen (15) years; and (3) a formula to be used for determining the pro-rata share of costs for janitorial and utility expenses necessary to the operation of the gymnasium, playfields, shower room, and storage area; and WHEREAS, the District and the City desire to restate the Facility Use Agreement to set forth the specifics related thereto and make several additional non-material revisions to improve its clarity; and WHEREAS, the District and the City intend that the Facility Use Agreement as restated be effective as of September 1, 1990 representing the date when the facilities were available to the City. 1