Loading...
HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/03/2009 - RESOLUTION 2009-009 AUTHORIZING A REVOCABLE PERMIT ITEM NUMBER: 15 AGENDA ITEM SUMMARY DATE: February 3, 2009 FORT COLLINS CITY COUNCIL STAFF: Carson Hamlin SUBJECT Resolution 2009-009 Authorizing a Revocable Permit to the Board of Governors of the Colorado State University System for Access to City-owned Property. RECOMMENDATION Staff recommends adoption of the Resolution. FINANCIAL IMPACT There is no financial impact to the City with this permit. No fees will be charged to Colorado State University and the City is not responsible for the purchase or maintenance of any equipment. EXECUTIVE.SUMMARY This permit will enable Colorado State University to acquire the City's Cable 14 TV signal and retransmit it onto the CSU campus. Council action is required to authorize a permit for the use of City right-of-way. BACKGROUND In 2006,Colorado State University cancelled its contract with Comcast Communications to provide television services to its campus. Since then, CSU has decided that it still wants to receive Cable 14 programming. To accomplish this, CSU has installed equipment at City Hall to split the Cable 14 signal before it is.sent to Comcast and route it through Platte River Power Authority's fiber transmitting equipment to the CSU campus. CSU is not using any City equipment to accomplish this, but CSU equipment is housed in a City building. CSU staff will only have access to City Hall during normal business hours and only after contacting Cable 14'staff to schedule any maintenance. Staff recommends adoption of the Resolution because there is no impact to the City and staff believes it is beneficial for the CSU campus to have access to Cable 14 programming. ATTACHMENTS 1. Revocable Permit for Video Equipment. ATTACHMENT REVOCABLE PERMIT FOR VIDEO EQUIPMENT Colorado State University The Grantor, CITY OF FORT COLLINS, COLORADO, a municipal corporation (the "City"), in consideration of good and valuable consideration, does hereby grant to THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM, (the "Grantee") this nonexclusive, revocable permit to use space at the operations center for Grantee's government channel, currently identified as Channel 14, for its video equipment to convert an analog video signal to digital (the "Equipment"), subject to the conditions and requirements set forth below. This Revocable Permit is contingent on and subject to the following conditions and requirements: 1. Equipment Maintenance, Replacement or Modification. a. Maintenance of the Equipment is the responsibility of Grantee. Grantee's permission to access the Equipment to perform routine maintenance and repairs is subject to advance notice to the City and approval by the City of plans and schedule for such work. For purposes of this Permit, advance notice is no less than two business days. b. Grantee may replace the Equipment, and in the original location, subject to advance written approval by City, in its sole discretion, of a schedule, plans and specifications for replacement Equipment. C. City is not obligated to modify the video signal in any way to facilitate Grantee's use of its Equipment. 2. Location of the Equipment. City will consult with Grantee regarding the location of the Equipment, but the final decision is in the sole discretion of the City. The parties will make all reasonable efforts to accommodate technological restrictions. Grantee will be responsible for maintaining the connection, including but not limited to working with Platte River Power Authority ("PRPA") except for joint ownership and Page 1 of 7 maintenance at the City of Fort Collins location, 300 Laporte Street ("City Hall"). At City Hall, Grantee and the City will jointly maintain the signal. Please refer to attached Exhibit A and the following: • Grantee-The City will identify a location for Grantee to install a locked enclosure similar to the Thin Line II Wall Mount Cabinet in the Channel 14 Editing Room. Everything located in the enclosure, including the enclosure, will be the property and the maintenance responsibility of Grantee. Reasonable power needs for any of the devices in the Grantee enclosure will be provided, labeled and routed into the enclosure by Channel 14. Grantee will contact and troubleshoot with PRPA if an outage transpires between the remote locations. • Cable 14-The audio cable will be newly installed by a City of Fort Collins vendor from the Channel 14 Control Room Router to the Editing Room. This newly installed infrastructure will be owned by the City and maintained by Channel 14 staff. • MIS-After verification from PRPA and Grantee that the infrastructure between remote locations is stable MIS owned fiber infrastructure from Channel 14 Editing Room to the PRPA MDF Fiber patch panel will be maintained by the MIS department. 3. Limit on Obligations. Nothing herein shall abrogate, affect or waive any notice requirements, defenses, immunities, and limitations to liability that City, Grantee, or their officers and employees, may have under the Colorado Governmental Immunity Act, C.R.S. Section 24-10-101, et seq. ("CGIA"), and to any other defenses, immunities, and limitations to liability available to the same under the law. As to any and all claims arising under this Agreement that are brought, or could be brought, under tort law, the City and Grantee's liability is at all times herein strictly limited and controlled by the CGIA. Nothing in this Permit shall be deemed or applied as an express or implied waiver by the Grantee of its governmental and sovereign immunities, as an express or implied acceptance by the Grantee of liabilities arising as a result of actions which lie in tort or could lie in tort in excess of the liabilities allowable under the CGIA, as a pledge of the full faith and credit of the State of Colorado, or as the assumption by any of the parties of a debt, contract or liability of each other in violation of Article XI, Section 1 of the Constitution of Colorado. Page 2 of 7 4. Contingency. This Revocable Permit is expressly contingent upon the City Council of the City of Fort Collins (the "Council") approving this Revocable Permit by the adoption of a related resolution, in its discretion, on or before December 31, 2008. If the Council does not pass such resolution by that time then this Permit shall be automatically terminated and all parties shall be released from all obligations hereunder. 5. Authority for Permit. This Revocable Permit, once effective, is issued pursuant to Article XI, Section 10, of the Charter of the City of Fort Collins, which authorizes the Council to permit the use or occupation of any street, alley, or public place, and the resolution approved by the Council as set forth above, as accordingly this Permit shall be revocable by the Council at its pleasure. 6. Encumbrances. Grantee will pay all costs and charges for work done by it or caused to be done by it, in or to the Equipment or on any property of City and for all materials furnished in connection with such work. In no event shall Grantee be entitled to cause or permit the establishment of any lien or other encumbrance on any City property. 7. Requirements of Law. At all times during the term of this Permit, Grantee shall observe and comply promptly with all then current laws, ordinances, resolutions, orders, covenants, restrictions, rules and regulations of the federal, state and local governments, and of all courts or other governmental authorities having jurisdiction over the property that is the subject of this Permit or any portion thereof, including any requirements pertaining to construction activities whether the same are in force at the commencement of this Permit or are in future passed, enacted or directed. 8. Liabilijy. Grantee shall be solely responsible, to the extent authorized by law, for its own actions arising from or related to Grantee's use of the Equipment or Channel 14. Grantee shall Page 3 of 7 be liable under Colorado contract law in the same manner as any other person for direct damages occurring as a direct and proximate result of its material breach of this Permit. 9. Notices. Any notice by either party to the other shall be in writing and shall be deemed to be duly given only if delivered personally, sent by commercial courier, or mailed by registered mail in a postage prepaid envelope addressed to the parties as follows: Grantee: Deputy General Counsel Office of the General Counsel 01 Administration Building Colorado State University Fort Collins, CO 80523 Grantor: Director Management Information Systems City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 10. General Conditions. a. This Permit may not be enlarged, modified, or altered, except as in writing, signed by all parties as an amendment hereto. b. This Permit is not transferable except with the advance written approval of City, in its sole discretion. C. No waiver of any breach of this Permit shall be held or construed to be a waiver of any subsequent breach thereof. d. Time is of the essence in the performance of this Permit. e. If either party must resort to legal action to enforce the terms of this Permit, the substantially prevailing party shall be entitled to its reasonable costs and legal fees, including the costs of legal representation, incurred as a result of the litigation. f. If any provisions of this Permit shall be declared invalid or unenforceable, the Page 4 of 7 remainder of this Permit shall continue in full force and effect. g. This Permit shall be construed and enforced in accordance with the laws of the State of Colorado, and venue for any action related hereto or between the parties related to the License or the subject property shall be in Larimer County, Colorado. Signatures on following pages Page 5 of 7 WITNESS OUR HAND (S) AND SEAL (S) this_day of 200. GRANTOR: THE CITY OF FORT COLLINS, COLORADO a municipal corporation By: Douglas P. Hutchinson, Mayor ATTEST: APPROVED AS TO FORM: Wanda Krajicek, City Clerk Assistant City Attorney STATE OF COLORADO ) ) ss. COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this_day of 200� by Douglas P. Hutchinson and Wanda Krajicek, as Mayor and City Clerk, respectively, of THE CITY OF FORT COLLINS, COLORADO, a municipal corporation. WITNESS my hand and official seal. My commission expires: Notary Public Page 6 of 7 ACCEPTED BY: GRANTEE: Vice President for Administrative Services STATE OF COLORADO ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this_day of 200 , by My commission expires Witness my hand and official seal. Notary Public Page 7 of 7 RESOLUTION 2009-009 OF THE COUNCIL OF THE CITY OF FORT COLLINS AUTHORIZING A REVOCABLE PERMIT TO THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM FOR ACCESS TO CITY-OWNED PROPERTY WHEREAS, the City is the owner of the real property located at 300 LaPorte Avenue, Fort Collins, Larimer County, Colorado, (the "Property") and WHEREAS, the City produces, manages, and broadcasts video programing on its public access channel ("Channel 14") that is viewed by citizens within the community; and WHEREAS, the Board of Governors of the Colorado State University System ("CSU") desires to have access to the City's Channel 14 to use as part of its educational mission on the Fort Collins campus; and WHEREAS, in order for CSU to gain access to Channel 14 programming, the City has worked with CSU to identify a suitable location that will not interfere with Channel 14 or other City activities on the Property; and WHEREAS, CSU will bear all costs of installing, operating,maintaining and removing the equipment used to obtain access the Channel 14 programming; and WHEREAS, staff and CSU have negotiated a revocable permit agreement(the"Revocable Permit")contingent on the authorization by the City Council,a copy of which is on file and available for inspection in the office of the City Clerk; and WHEREAS, the Revocable Permit would be revocable at any time at the discretion of the City Council; and WHEREAS,Article XI,Section 10 of the City Charter authorizes the City Council to permit the use or occupation of any street, alley, or public place, provided that such permit shall be revocable by the City Council at its pleasure, whether or not such right to revoke is expressly reserved in such permit. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT COLLINS that the City Manager is hereby authorized to execute the Revocable Permit and such related documents as are necessary to authorize the Board of Governors of the Colorado State University System to have access to the Property,consistent with the terms of this Resolution,along with such additional terms and conditions as the City Manager, in consultation with the City Attorney, deems necessary or appropriate to protect the interests of the City or effectuate the purposes of this Resolution. Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd day of February A.D. 2009. Mayor ATTEST: City Clerk