Red Hawk Ridge Elementary School Playground Improvements

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Terms of the Three Page IGA between

PJMD and CCSD

Parties: PJMD and the Cherry Creek School Dist. No. 5 (the party is CCSD, NOT RHRES) Date: December 9, 2013 Legal Authority: CCSD can build school playgrounds PJMD can build park and rec, 32-1-1004(2)(d)

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Cooperation: • Colo. Const. Art. XIV, Sec. 18(2)(a) and

C.R.S. 29-1-203: “The governments can contract to provide facilities lawfully authorized to each of the contracting parties.”

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Covenants (Promises):

• 1. CCSD provides access to PJMD to plan and engineer the playground.

• 2. PJMD submits plans and engineer’s estimate of probable costs to CCSD.

• 3. CCSD Executive Director of Educational Support Services approves plans.

• PJMD deposits 120% of probable costs with CCSD.

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• 4. CCSD uses the deposit to put project to bid. • CCSD, consulting with PJMD, selects bidder,

enters construction contract.

• 5. CCSD draws on the account to pay costs. • CCSD consults with PJMD on change orders. • Improvements were to be done by Summer, 2014.

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• 6. If there is money left, CCSD is to return it to PJMD.

• 7. If there is an overrun, CCSD and PJMD meet;

either cut the scope or PJMD adds more money.

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• 8. When done (and warranty is done) CCSD owns, operates, repairs, replaces, and maintains the Improvements for CCSD and PJMD’s benefit.

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• 9. CCSD allows PJMD constituents to use the Improvements if use will not “unreasonably interfere” with CCSD.

• Use by RHRES has priority. “Organized and

scheduled” use by PJMD constituents has second priority, others, third.

• CCSD is in charge of scheduling.

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• 10. CCSD will install a recognition plaque or sign (at PJMD cost).

• 11. All financial obligations are subject to annual appropriation.

• 12-15. Unremarkable boilerplate provisions.

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• Notes on dealing with the School District

1. It will take time. 2. They don’t want to spend any money.

a. They really want assurance they won’t spend any money.

b. Really.

3. They want control over construction.

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• More Notes: • 4. They are very protective of the use

and scheduling of the facility. • 5. So, it’s similar to any other IGA.

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• Legal Notes on Implementation

1. Contracting and completion appeared smooth. 2. Getting the extra deposit back was a problem,

but what remedy can you use? a. No lien. b. Sue for breach? c. Should we have had an interest or liquidated

damages clause?

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• Questions, Comments, Great Thoughts?

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Perspectives of a Board Member: Bill Lamberton, PJMD President

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Management Information Bob Blodgett, CliftonLarsonAllen

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Parker Jordan Metropolitan District • Organized in 1984 • Arapahoe Road (N), Parker Road (E), Arapahoe/Douglas County Line

(S), Jordan Road (W), bisected by Cherry Creek • Within Unincorporated Arapahoe County and City of Centennial • 2015 Population Estimate: 6,500 • 2016 Mill Levy: 20.633 Mills • 2016 Assessed Value: 70,000,000 plus 41,000,000 CornerStar

Shopping Center (excluded in 2006) • Notable Project: 2010-12 Cherry Creek Stream Reclamation and

Amenities - $6 Million, Funding Partners COC, AC, SEMSWA, UDFCD, GoCO

• PJMD and COC jointly own the 107 acre PJCOS • RHRES located on East side of Cherry Creek, the only school within

PJMD

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RHRES Playground Improvements Financing

• $661,000 Landscape Architect’s Estimate • $486,504 DesignScapes Low Bid Approved –

September 2014

• $583,804 Required 120% Deposit with CCSD • $500,000 Actual Cost • $83,804 Returned to PJMD

• Note: “Soft” costs were $109,000

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Before the Improvements

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Improved Drainage

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December 2014

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January 2015

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April 2015

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April 2015 (cont.)

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June 2015

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