WESTWOOD HIGH SCHOOL PROPERTY EXCHANGE MEMORANDUM OF UNDERSTANDING

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Arthur Potter
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1 WESTWOOD HIGH SCHOOL PROPERTY EXCHANGE MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (MOU) is entered into this day by and between Campbell County School District, No. 1, (herein "CCSD"), Campbell County, Wyoming, (herein "County"), and City of Gillette, Wyoming (herein "City"). CCSD, County and City may be referred to hereinafter collectively as the "Parties." I. PURPOSE This MOU shall outline the terms of the understanding and agreement between the Parties with respect to the Westwood High School school site that is located on 6 th Street and Rohan, Gillette, Wyoming. The "property" is more particularly described as follows: Lots 1, 2, 3, 4, 5 and 6 of Block 6, and the Lots 1, 2, 3, 4, 5 and 6 of Block 7, of the Underwood Addition to the Town of the City of Gillette, Wyoming, as the same are laid down and described on the official plat and dedication of said Lots and Blocks as of record in the office of the County Clerk of Campbell County, Wyoming. CCSD built a new school to replace the original Westwood High School and, due to the size of the property and the conditions of the improvements, CCSD had determined that the real property and all improvements thereon are no longer needed by CCSD for its educational purposes. Both County and City have expressed an interest in owning the property. Subject to the terms of this MOU, CCSD will convey legal title to the property to County for use by both County and City. This MOU shall set forth the terms of the understanding and agreement between the Parties regarding the transfer of the property and all improvements. CCSD has held a public hearing on the plan to transfer the property, and has obtained the approval of the Wyoming Schools Facility Commission and the CCSD Board of Trustees to transfer the property. Page 1 of 4

2 A portion of the property will be conveyed to City by the County as those parties agree. County has expressed an interest in providing land to CCSD in the Centennial Section, north of Gillette, Wyoming, for relocating its transportation facilities as provided herein. II. TRANSFER OF PROPERTY TITLE/IMPROVEMENTS Upon the approval and signing of this MOU by all Parties, CCSD shall convey the property and all improvements thereon to County by "Special Warranty Deed." The form of the deed is attached hereto as Exhibit B. The property is vacant and possession of the property shall be transferred to County upon the signing and delivery of the Special Warranty Deed. CCSD makes no warranties, express or implied, concerning the improvements on the property and the fitness of the property for any use. County accepts the property "as is". County shall take such action as it deems proper regarding the improvements. CCSD is not responsible for any demolition costs should County elect to remove the improvements. III. EXPANSION OF 4J ROAD AND 6 TH STREET Upon the transfer of title, County shall cause a subdivision of the property to be completed in accordance with City regulations, to provide for transfer of a portion of the property by County to City for the expansion of 4J Road and 6 th Street. Upon completion of the subdivision, that portion of the property needed by the City for the expansion of 4J Road and 6 th Street shall be conveyed to City. City shall be responsible for all costs associated with the expansion and improvements to 4J Road and 6 th Street. County shall be responsible for all costs associated with the acquisition and resubdivision of the property. IV. FUTURE DEVELOPMENT- CENTENNIAL SECTION County owns property north of Gillette, Wyoming that is presently referred to as the "Centennial Section." There are tentative plans for the development of the Centennial Section Page 2 of 4

3 for various governmental uses. CCSD desires to obtain property for relocating it transportation facilities from its present location on Eighth Street in Gillette, Wyoming. As development of the Centennial Section proceeds, County and CCSD shall work together to facilitate the transfer of property, which shall be a maximum of fifteen (15) acres, in the event CCSD can obtain funding and makes a decision to relocate its facilities to the Centennial Section. CCSD has requested planning and design funds from the School Facilities Commission for the development of a new transportation facility; however, at this date CCSD has no funding for purchase of land or development of a transportation facility. V. INDEMNITY AGREEMENT The Parties hereby agree to indemnify and hold harmless each other against any and all liability, claims, suits, losses, costs and legal fees caused by, arising out of, or resulting from their own negligent acts or omission. Notwithstanding the above, nothing in this MOU shall be read or interpreted to constitute or to require a waiver of any rights of CCSD, County or City under the doctrine of sovereign immunity, or waiver of its immunity under the Governmental Claims Act, W.S , et.seq. VI. COMPLIANCE WITH LAW The Parties represent that their possession, occupancy, and use of the property will comply with all applicable federal, state, county and city laws and regulations. VII. SIGNATURES In witness whereof, the Parties, through their authorized representatives, have executed this MOU on the dates set out below and certify that they are signing the MOU upon the approval of their respective governing bodies, and the MOU shall become effective upon the signing by all Parties. Page 3 of 4

4 CAMPBELL COUNTY SCHOOL DISTRICT, No. 1 Linda S. Jennings, Chairman Lisa Durgin, Clerk CAMPBELL COUNTY Matt Avery, Commission Chairman Susan Saunders, County Clerk CITY OF GILLETTE, WYOMING Louise Carter-King, Mayor Karlene Abelseth, City Clerk Page 4 of 4

5 SPECIAL WARRANTY DEED Campbell County School District No. 1, fka School District No. 1 of Campbell County, Wyoming, P.O Box 3033, Gillette, Wyoming 82717, GRANTOR, for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration in hand paid, receipt whereof is hereby acknowledged, CONVEYS AND WARRANTS to Campbell County, 500 South Gillette Avenue, Gillette, Wyoming 82716, GRANTEE, the following-described real estate situate in Campbell County and State of Wyoming, to-wit: Lots 1, 2, 3, 4, 5 and 6 of Block 6, and the Lots 1, 2, 3, 4, 5 and 6 of Block 7, of the Underwood Addition to the Town of the City of Gillette, Wyoming, as the same are laid down and described on the official plat and dedication of said Lots and Blocks as of record in the office of the County Clerk of Campbell County, Wyoming. TOGETHER WITH all improvements situate thereon and appurtenances thereunto belonging; and SUBJECT to all easements, reservations, restrictions, and encumbrances of record. GRANTOR warrants such only as against its own acts and against claims and demands of all persons claiming through or under it, but not otherwise; however, Grantor does hereby, to the extent it can legally do so, convey and pass all warranties received from this immediate Grantor to Grantee. WITNESS my hand this day of, 2015 Campbell County School District No.1 Linda S. Jennings, Chairman of the Board of Trustees Lisa Durgin, Clerk STATE OF WYOMING ) ) COUNTY OF CAMPBELL ) The foregoing instrument was acknowledged before me by Linda L. Jennings, Chairman of the Board of Trustees, and Lisa Durgin, Clerk this day of, WITNESS my hand and official seal.

UTILITY EASEMENT WITNESSETH. WHEREAS, Grantee desires to install a storm water line through the Easement Property; and

UTILITY EASEMENT WITNESSETH. WHEREAS, Grantee desires to install a storm water line through the Easement Property; and UTILITY EASEMENT THIS INDENTURE, made and entered into this 12 th day of March, 2013, by and between the SCHOOL BOARD OF BREVARD COUNTY, FLORIDA, hereinafter called "GRANTOR", whose post office address