Resolution 2013-05 - Needs Fully Executed Agreement

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INTERGOVERNMENTAL PROJECT AGREEMENT BETWEEN THE CITY OF LOUISVILLE AND THE BOULDER VALLEY SCHOOL DISTRICT This agreement is made this day of , 2013 between the City of Louisville, Colorado ("City") and the Boulder Valley School District("District"); Witnesseth: I. Recitals 1. The City has applied for and received a grant from Great Outdoors Colorado ("GOCO")for Renovation of Fireside Elementary School's Intermediate Playground; 2. The District is an ineligible recipient of the grant and the parties intend by this agreement for the City to be the conduit through which the District will receive the benefit of the grant; 3. The Grant Agreement is attached to this agreement as exhibit"A"; 4. The District intends to bind itself to the City for all of the City's obligations stated in the Grant Agreement; 5. The District intends to grant to the City a limited interest in the real property described in Exhibit"B"which limited interest shall be for the purposes of satisfying the terms and conditions of the Grant Agreement; Therefore, in consideration of the mutual promises stated below and other valuable consideration, the parties agree: II. Agreement 6. The City shall use its best efforts to fulfill all the conditions precedent to obtain the grant stated in the Grant Agreement. The District will cooperate with the City and provide all documents necessary for the City to fulfill the conditions precedent. The District further assumes all other City liabilities, and binds itself to the City for all the City's obligations to GOCO, contained in the Grant Agreement. 7. The City shall pay the Grant funds to the District within thirty(30) business days of their receipt from GOCO. 8. The City does not assume any obligation to the District to construct, operate, or maintain the improvements contemplated by the Grant Agreement. 9. Unless a claim by GOCO arises out of the negligence or other wrongful act of the City, and then only to the extent so arising, the District shall be responsible to the City for any claim under the Grant Agreement, in the same manner and extent as the City may be responsible to GOCO.