HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 02/16/2010 - RESOLUTION 2010-013 AUTHORIZING THE MAYOR TO EXECU DATE: February 16, 2010 B
STAFF: Helen Migchelbrink _
Steve McQuilkin
Resolution 2010-013 Authorizing the Mayor to Execute Intergovernmental Agreements with the Board of Governors
of the Colorado State University System(CSU)and with the Colorado State University Research Foundation(CSURF)
for the Mason Corridor/Max Bus Rapid Transit System.
EXECUTIVE SUMMARY
The City and Colorado State University(CSU)are working together to develop the section of the Mason Corridor Bus
Rapid Transit (BRT) Project along the Burlington Northern & Santa Fe Railway Company right-of-way through the
University's main campus. The Mason Corridor BRT will provide more comfortable and efficient public rapid bus
service to the students, faculty, staff and visitors of CSU and the citizens of the City. The parties desire to enter into
these Agreements in order to set forth their respective rights and obligations concerning the development,
maintenance, operation, and use of the Mason Corridor BRT System.
BACKGROUND / DISCUSSION
The general purpose of these Agreements is to establish and formalize the basic understanding between the parties
regarding their efforts to support and/or develop the BRT System to be used for the benefit of the City and of the
students, faculty, and staff of the University. The City and the University agree to collaborate on the development of
the BRT Project, including the design, rights-of-way acquisition, construction, operations, and public relations for the
BRT Project.
In exchange for the City's obligations stated in the Agreements, the University agrees to grant certain easements on
their property for the construction of the BRT Project, including the value of those easements and the resulting loss
of parking spaces within the Property.
The following specific terms are addressed in the Agreements:
• Identifies the scope of the BRT construction within the limits of the University Campus including University
design and construction requirements and University participation and approval process.
• Includes specific University requirements for fencing, lighting, landscaping and other amenities and
requirements for cost participation from the University for these elements.
• Includes provisions for the design,construction and cost allocation for a new storm drainage system to serve
both the University and the BRT Project.
• Addresses BRT Project responsibilities for impacts to existing University utilities and infrastructure.
• Includes provisions for approvals of changes during construction.
• Addresses responsibilities of the University and the City relative to operations and maintenance including
roadway, walkway, landscaping and snow removal.
• Identifies responsibilities for access to the BRT property for repairs and maintenance
FINANCIAL IMPACT
The Intergovernmental Agreements provide for an in-kind contribution in the form of right of way from CSU and
CSURF to the City for the implementation of the Mason Corridor BRT Project through CSU's main campus. The value
of this in-kind contribution has not been determined by a formal appraisal but will be completed later this year. This
in-kind value will be used as part of the City's local matching funds for the Federal Transit Administration Small Starts
funding for the BRT Project.
DATE: February 16, 2010 SUMMARYAGENDA ITEM
�, B
STAFF: Helen Migchelbrink _
T COLLINS CITY COUNCIL
Steve McQuilkin
Resolution 2010-013 Authorizing the City Manager to Execute Intergovernmental Agreements with the Board of
Governors of the Colorado State University System (CSU) and with the Colorado State University Research
Foundation (CSURF) for the Mason Corridor/Max Bus Rapid Transit System.
EXECUTIVE SUMMARY
The City and Colorado State University(CSU)are working together to develop the section of the Mason Corridor Bus
Rapid Transit (BRT) Project along the Burlington Northern & Santa Fe Railway Company right-of-way through the
University's main campus. The Mason Corridor BRT will provide more comfortable and efficient public rapid bus
service to the students, faculty, staff and visitors of CSU and the citizens of the City. The parties desire to enter into
these Agreements in order to set forth their respective rights and obligations concerning the development,
maintenance, operation, and use of the Mason Corridor BRT System.
BACKGROUND/ DISCUSSION
The general purpose of these Agreements is to establish and formalize the basic understanding between the parties
regarding their efforts to support and/or develop the BRT System to be used for the benefit of the City and of the
students, faculty, and staff of the University. The City and the University agree to collaborate on the development of
the BRT Project, including the design, rights-of-way acquisition, construction, operations, and public relations for the
BRT Project.
In exchange for the City's obligations stated in the Agreements, the University agrees to grant certain easements on
their property for the construction of the BRT Project, including the value of those easements and the resulting loss
of parking spaces within the Property.
The following specific terms are addressed in the Agreements:
• Identifies the scope of the BRT construction within the limits of the University Campus including University
design and construction requirements and University participation and approval process.
• Includes specific University requirements for fencing, lighting, landscaping and other amenities and
requirements for cost participation from the University for these elements.
• Includes provisions for the design,construction and cost allocation for a new storm drainage system to serve
both the University and the BRT Project.
• Addresses BRT Project responsibilities for impacts to existing University utilities and infrastructure.
• Includes provisions for approvals of changes during construction.
• Addresses responsibilities of the University and the City relative to operations and maintenance including
roadway, walkway, landscaping and snow removal.
• Identifies responsibilities for access to the BRT property for repairs and maintenance
FINANCIAL IMPACT
The Intergovernmental Agreements provide for an in-kind contribution in the form of right of way from CSU and
CSURF to the City for the implementation of the Mason Corridor BRT Project through CSU's main campus. The value
of this in-kind contribution has not been determined by a formal appraisal but will be completed later this year. This
in-kind value will be used as part of the City's local matching funds for the Federal Transit Administration Small Starts
funding for the BRT Project.
February 16, 2010 -2- ITEM 26
SUSTAINABILITY: ECONOMIC, ENVIRONMENTAL AND SOCIAL IMPACTS
This Resolution authorizes the City to enter into the agreement with CSU for the Project that is currently underway.
The economic, environmental and social impacts described below refer to the entire Project.
Economic Impact
The BRT Project will provide a significant transportation improvement for the City by adding rapid bus service to the
Mason Transportation Corridor with the significant investment of Federal and State funds that cover over ninety
percent of the capital improvement costs.This investmentwill result in improved mobility and accessibility in the north-
south directions. CSU will benefit significantly from two stations planned to be constructed at(1) University Avenue
and(2)Prospect Road.These stations located on and adjacent to the campus will provide easy access for University
students, faculty, and staff. It is anticipated that construction of the new BRT will stimulate redevelopment in the
vicinity of stations along the route.
There may be short-term impacts to some businesses along the route while the Project is under construction.
Measures will be developed as the Project nears construction to work with those affected businesses and CSU to
minimize the disruptions.
Environmental Impact
The BRT Project underwent a complete environmental assessment in accordance with NEPA requirements and a
Finding of No Significant Impacts (FONSI) was signed by the Federal Transit Administration in September 2008.
Environmental mitigation measures including air and water quality,wetlands and floodplains, cultural resources and
construction impacts will be incorporated into the design and construction of the Project.
The BRT Project will help improve local and regional air quality as people choose to use the transit system instead
of driving. Bus technology planned for the system will operate on compressed natural gas (CNG).
The Project includes improvements to stormwater quality with the installation of facilities to remove suspended solids
and hydrocarbon contaminants from roadway drainage prior to discharge into receiving waters. The Project will also
be required to minimize sediment runoff during construction through the use of a Stormwater Management Plan
Permit.
The Project has been designed to minimize material usage and waste. For example, existing trees are being
transplanted where possible,existing road base material is being reused on site, and asphalt millings will be recycled
into road base.
Social Impact
The Project provides an improvement to the quality of life to the citizens of Fort Collins by providing more
transportation choices and accessibility,while helping to reduce traffic congestion. During the construction, there is
a negative impact due to the inconvenience of the construction. As mentioned above, steps will be developed to help
minimize this impact.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
PUBLIC OUTREACH
Due to the confidential and legal nature of the negotiations, the terms of the agreements have not been subject to
public review and outreach. City staff has worked cooperatively with the CSU and CSURF staff, the City Attorney's
Office,the City Manager's Office and the CSU President's Office on the negotiation and the development of the terms
of the agreements.
February 16, 2010 -3- ITEM 26
ATTACHMENTS
1. Location map
®
t �-
46
J , lj .r
%
Mountain r. . :; %ry + c1s�
SO
Olive
Mulberry
•- -
Laurel
Pq
Prospect
Spring Creek Trail
LA � ,0
N
, L
Ln NRRC
University
61 Mall
s o
Drake
Swallow
Foothills
Mall
Horsetooth
Troutman {
fte
Harmony -
Fairway
�� - N
RESOLUTION 2010-013
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH THE BOARD OF GOVERNORS OF THE
COLORADO STATE UNIVERSITY SYSTEM AND AN AGREEMENT WITH THE
COLORADO STATE UNIVERSITY RESEARCH FOUNDATION
FOR THE MASON CORRIDOR/MAX BUS RAPID TRANSIT SYSTEM
WHEREAS, the City, Colorado State University ("CSU") and Colorado State University
Research Foundation("CSURF")have been working together to develop the section of the Mason
Corridor/Max Bus Rapid Transit System(the"BRT System")along the Burlington Northern Santa
Fe tracks through CSU's main campus and CSURF property for the purpose of providing more
comfortable and efficient public rapid bus service to the students, faculty, staff and visitors of CSU
and the citizens of the City; and
WHEREAS,the City, CSU and CSURF desire to enter into agreements in order to set forth
their respective rights and obligations concerning the development,maintenance,operation and use
of the BRT System; and
WHEREAS, a portion of the property upon which the BRT System will be built is owned
by CSU and a portion is owned by CSURF; and
WHEREAS,the City and CSU may enter into intergovernmental agreements to provide any
function, service or facility lawfully authorized to each, as provided in Section 29-1-203 of the
Colorado Revised Statutes; and
WHEREAS, the general purpose of the agreements is to establish and formalize the basic
understanding between the City, CSU and CSURF regarding their efforts to support and/or develop
the BRT System to be used for the benefit both of CSU and of the City; and
WHEREAS,the City, CSU and CSURF further agree to collaborate on the development of
the BRT System including the design,rights-of-way acquisition,construction,operations and public
relations for the BRT System; and
WHEREAS, the City Council has determined that it is in the best interests of the City that
the Mayor be authorized to execute agreements between the City, CSU and CSURF for the Mason
Corridor/Max Bus Rapid Transit System.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor is hereby authorized to execute agreements between the City and the Board
of Governors of Colorado State University System and the Colorado State University Research
Foundation for the Mason Corridor/Max Bus Rapid Transit System, in substantially the form
attached hereto as Exhibits "A" and `B" and incorporated herein by this reference, subject to such
modifications as the Mayor, in consultation with the City Attorney, determines to be necessary or
appropriate to effectuate the purposes of this Resolution and to protect the interests of the City.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 16th
day of February, A.D. 2010.
Mayor
ATTEST:
City Clerk
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
FOR MASON CORRIDOR/MAX BUS RAPID TRANSIT SYSTEM
THIS AGREEMENT (the "Agreement") is made and entered into this _day of
, 2010, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, (the "City") and the BOARD OF GOVERNORS of the COLORADO STATE
UNIVERSITY SYSTEM, acting by and through COLORADO STATE UNIVERSITY (the
"University").
Recitals
A. The City and the University are working together to develop the section of the
Mason Corridor/MAX Bus Rapid Transit Project along the Burlington Northern & Santa Fe
Railway Company right-of-way through the University's main campus, within the City Limits of
the City (the "BRT Project"), for the purpose of providing more comfortable and efficient public
rapid bus service to the students, faculty, staff and visitors of the University and the citizens of
the City.
B. The parties desire to enter into this Agreement in order to set forth their
respective rights and obligations concerning the development, maintenance, operation, and use
of the Mason Corridor/MAX Bus Rapid Transit System (the "BRT System").
C. A portion of the property upon which the BRT Project will be built is owned by the
University, which property is generally shown on the Legal Descriptions in Exhibit "A" attached
hereto and incorporated herein by this reference (the "Property"). In exchange for the City's
obligations stated herein, the University agrees to grant certain easements on the Property for
the construction of the BRT Project, including the value of those easements and the resulting
loss of parking spaces within the Property.
D. The parties may enter into an intergovernmental agreement to provide any
function, service or facility lawfully authorized to each, as provided in Colorado Revised
Statutes § 29-1-203.
NOW THEREFORE, in consideration of the mutual promises contained herein, and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the parties hereto agree as follows:
1. General Purpose. The general purpose of this Agreement is to establish and formalize
the basic understanding between the parties regarding their efforts to support and/or develop
the BRT System to be used for the benefit of the City and of the students, faculty, and staff of
the University. The City and the University agree to collaborate on the development of the BRT
Project, including the design, rights-of-way acquisition, construction, operations, and public
relations for the BRT Project.
2. Ownership, Termination, Reservation of Rights.
2.1 Ownership Interests of the Parties.
1
2.1.1 Ownership Interests of the Parties. It is understood that the Property
upon which portions of the BRT Project shall be constructed is owned by the
University. It is further understood that funding for the construction of the BRT
Project is to be provided, in large part, by a grant from the Federal Transit
Administration ("FTA"), and that as a condition of such grant, the City is required
to have a legal interest in the Property upon which the BRT Project is located.
Accordingly, subject to the provisions of Section 2.2 below, the University hereby
agrees to grant Easements, via separate legal instrument, to the City for the
Property upon which portions of the BRT Project are to be located. The
Easements are more specifically described in Exhibit "B" attached hereto, and
by reference are made a part of this Agreement.
2.2 Termination.
a. The University may terminate this Agreement and request vacation of the
Easements provided for in Paragraph 8 below in the event that the
Property is not actively used by the City for the intent of the BRT Project
as set out herein. The BRT System shall be deemed to be inactive if the
City fails to provide BRT service to the general public upon the full length
of the BRT System for a period in excess of six (6) months or, if the
failure to provide service upon the full length of the BRT System is
caused by some force majeure, then for a period in excess of two (2)
years. (Force majeure means a cause beyond either party's control, such
as fire, flood, explosion, power failure, acts of God, war, revolution, civil
commotion, or acts of public enemies.)
b. The University may terminate this Agreement if the FTA grant sufficient to
complete construction of the Project as described in paragraph 3 below,
is not awarded within three (3) years from and after the date of the
execution of this Agreement by all parties.
2.3 Reservation of Rights. The University reserves the following rights, and the
Easements shall be subject to the following rights:
a. To continue to utilize streets, roadways, utility easements, storm drainage
facilities, sidewalks, rights of way, and similar improvements or amenities
on the Property for which the University has rights therein, independent of
those contemplated herein, by documents of record or historical usage,
so long as such uses do not substantially impair or interfere with BRT
System operations;
b. The University may have access to all such streets, roadways, utility
easements, storm drainage facilities, sidewalks, rights of way, and similar
improvements or amenities on the Property, for repairs, maintenance,
improvement or removal of any of said items or uses, without the need to
make any payment or fee. The University will repair and restore any
damage to the BRT System including replacement of pavement. The City
and the University agree to cooperate together to coordinate access to
the Property in order to minimize disruption to BRT System operations.
2
C. To grant easements, rights of way, or licenses for streets, roadways,
utility facilities, storm drainage facilities, sidewalks, and similar
improvements or amenities on or across the Property so long as such
uses do not conflict with or unreasonably impair the City's use of the
Property; and,
d. To use and extend utilities and facilities that serve the BRT Project as
may be reasonably necessary by the University, if applicable, so long as
such uses or extensions do not impair BRT System operations.
3. General Operational Issues Related to the BRT System Development and
Operation.
3.1 Surveys and Studies, The City is required to complete various studies, surveys,
and analyses in accordance with FTA requirements for this grant funded project.
Upon completion, the City agrees to share all such studies with the University,
particularly, but not limited to, ridership statistics. The City will provide the
University copies of ridership projections prior to the start of construction and
provide detailed actual ridership statistics as surveys are completed. The first
ridership statistics shall be made available to the University after operation of the
BRT System for one full University semester term, but no later than 12 months
after commencement of BRT System operation. The City agrees to share
periodic ridership statistics with the University, as completed, for the life of the
BRT System.
3.2 The University may use the shared studies, surveys, and analysis at its discretion
with the understanding the City takes no responsibility for the accuracy of the
data.
3.3 The City will provide the University with student Transfort ridership statistics for
the term immediately preceding start of construction of the BRT Project and at
least annually thereafter as long as the Transfort system is operational.
3.4 The City and University have mutual interest in the successful implementation of
BRT System marketing materials and on-site advertising features. The Parties
agree to share information on their respective advertising guidelines for reference
purposes. Advertising on and at the BRT System equipment and facilities will
follow City guidelines. Each party will bear its own advertising costs and
expenses.
4. BRT Project Construction.
4.1 BRT Project Facilities. Unless expressly stated otherwise, the City shall be
financially responsible for the payment of the BRT Project facilities constructed
on the Property. The facilities to be constructed by the City on, over or under the
Property as part of the BRT Project shall include:
3
a. Approximately 3,400 linear feet of BRT guideway between West Lake
Street and Laurel Street, comprising approximately 1,800 linear feet of
new construction between West Lake Street and University Avenue, and
approximately 1,600 linear feet between University Avenue and Laurel
Street that shall operate on existing Mason Street.
b. Approximately 3,400 linear feet of attached bicycle/pedestrian trail, 12
feet wide (except in restricted ROW locations within the BRT System),
comprising approximately 2,200 linear feet between West Lake Street
and University Avenue and between Old Main Street and Laurel Street it
shall consist of new, full width sidewalk, and approximately 1,200 linear
feet between University Avenue and Old Main Street that shall consist of
widening existing sidewalk.
C. One new BRT station located at or near University Avenue. This station
will accommodate pedestrian access to the BRT vehicles and will include
canopies, lighting, landscaping, signage, and transit schedule information.
d. A new storm drainage system to collect and convey storm runoff to
accommodate the BRT Project improvements.
e. Modifications to existing site improvements, parking lots and utilities to
accommodate the BRT Project improvements per Exhibit C.
4.2 Design and Construction of the BRT Project.
4.2.1 The City agrees to include University personnel in regular (at least
monthly) project meetings throughout final design and construction. The
City will share minutes of these meetings with the University.
4.2.2 Design Coordination and Reviews. The City and University further agree
to work together on detailed review and approval of design plans for that
portion of the BRT Project on the Property.
a. The City agrees to solicit University input during all design phases.
The University agrees to provide input, including specification
details as needed.
b. The University will, at its cost, provide concept landscape design
plans and specifications, including planting lists, for areas of the
Property impacted by the BRT Project. Construction Documents
will be prepared by the BRT Consultant Team.
c. Design plans will be routed for review by applicable University
departments and review committees. This includes, but is not
limited to, formal review by the University Facilities Management
Department, Physical Development Committee, Design Review
Committee, Real Estate Office and Executive Committee of the
President's Cabinet.
4
d. Where mutually agreeable between the University and the City,
and within the funding limits of the BRT Project, all design and
construction plan recommendations made by the University,
University departments or University review committees, related to
that portion of the BRT Project that is located on the Property, shall
be incorporated into the design and construction plans.
e. Specific requirements for construction materials and scheduling of
work on University owned utilities will be included in the University's
approval.
f. The University Primary Contact defined under 4.13.2 below will be
responsible for coordinating design review and approvals.
4.3 Design Standards. All designs for the BRT project on the Property must be
consistent with the CSU Aesthetic Guidelines and City of Fort Collins Land Use
Code development standards; including but not limited to, fencing, signage,
landscape, parking lot modifications, transit stations/stops, utility services,
roads, and other developed infrastructure. At its discretion, the City may seek
variances to the City's development standards when retro-fitting or replacing a
portion of an existing facility or improvements. Existing improvements to be
retrofitted or replaced, including but not limited to paving, sidewalks, asphalt,
and fencing, shall match the existing where appropriate and be of equal or
better quality. The City and University have mutual interest in the
implementation of sustainable practices. To the extent reasonable, the Parties
agree to the use of sustainable materials and methods for the construction,
operation, and maintenance of the BRT Project.
4.4 Special Fencing Requirements. The City agrees to install modified
fencing/guardrail to separate the parking, pedestrian, and BRT guideway from
the Railroad Tracks on that portion of the Property between West Lake Street
and University Avenue. Design specifications for the modified fencing/guardrail
will be provided by the University. The fence specifications are subject to review
and approval by the BNSF. The University agrees to work with the City to meet
the BNSF's reasonable requirements. The University agrees to reimburse the
City for any additional cost associated with the modified fencing/guardrail over
and above the cost of standard fencing/guardrail.
4.5 Walkway Lighting. The City agrees to install walkway (security) lighting,
compliant with University specifications, along the bike/pedestrian portions of
the BRT Project on the Property between West Lake Street and University
Avenue. The City agrees to include this lighting in the federally funded portion
of the BRT Project. The power for the lighting will be connected to the
University's underground electric system. The University agrees to reimburse
the City for any additional cost associated with such walkway lighting not
covered by the federally funded portion. Monumentation. The University may
install entry monument features in association with the BRT Project. The
University will be solely responsible for costs and implementation should it
5
choose to install monuments. The City agrees to grant access, permits, or other
rights that may be necessary to install the monuments within the City's right-of-
way, if necessary.
4.6 Air Quality and Noise Mitigation. Based on current information, the parties
believe that neither air quality nor noise impacts will result from the operation of
the BRT Project. However, the City shall, to the best of its ability and capability
and to the extent reasonably feasible, mitigate such negative air quality or noise
impacts in the event any such impacts are identified.
4.7 Landscape/Irrigation Installation. The City shall be responsible for the cost and
installation of all landscaping and irrigation associated with the BRT Project and
the repair of any landscape and irrigation impacted by the BRT Project on the
Property.
4.7.1 All landscape and irrigation improvements or repairs,on the Property will
conform to University Standards.
4.7.2 The City may connect new irrigation systems necessary to support
landscape enhancements on the Property to the University's irrigation
system. The City shall be responsible for the cost of connections. The
University will own and be responsible for operation, water costs, repair,
and maintenance of the any irrigation systems connected to the
University system.
4.7.3 Campus trees removed as part of the project shall be replaced on the
Property based on a formula mutually acceptable to the City Forester
and the University Landscape Architect. Trees damaged during
construction, but not planned for removal, will also be replaced using the
same formula. The City Forester and University Landscape Architect will
jointly evaluate trees and agree upon which ones should be relocated or
replaced.
4.8 Storm Water Drainage. The City shall design and construct the BRT Project
consistent with the University's adopted Master Drainage Plan, as revised by the
requirements of the BRT Project, if needed.
4.8.1 The City is responsible for all costs associated with the mitigation of
storm water arising from or relating to the BRT Project.
4.8.2 The City agrees to implement the storm water system and outfall
recommendations identified in the Ayres and Associates report dated
January 2010 ("Ayres Report"). This recommendation requires all storm
water runoff created by the BRT project be collected and conveyed to
the storm water pond located north of Spring Creek and west of the
Burlington Northern and Santa Fe Railroad track where there is existing
capacity. The City shall be solely responsible for the design and
construction of the storm water collection and conveyance system
necessary to accommodate storm runoff from the BRT Project.
6
4.8.3 Any storm water facilities the City constructs on University property will
be for the sole use of the City's BRT project, CSURF, and Colorado
State University. No other party may modify, expand, or otherwise use
the storm water facilities on University property to transmit or store storm
water runoff to benefit existing or future development without the express
written consent of the University, which may be granted at the
University's sole discretion.
4.8.4 The City agrees to "upsize" the storm water collection and conveyance
system to accommodate storm water runoff from the CSU Campus and
future CSURF development needs as outlined in the Ayres Report. The
University agrees to reimburse the City for any additional costs
associated with "upsizing" the storm water collection and conveyance
system for any University connections to the new system, including any
costs associated with the installation of taps, pipes under the railroad
and connections to existing and new University owned lateral pipes that
may be installed as part of the BRT Project construction. . The cost
allocation between the City and the University for the storm water
collection and conveyance system for the BRT Project and for the
"upsizing" of the system will be based upon actual construction costs as
documented by the BRT construction contractor and agreed to by the
University.
4.8.5. The City agrees to allow the University to connect new and existing storm
pipes with flow rates identified in the Ayres Report to the storm water
collection and conveyance system installed as part of the BRT Project.
The University shall be responsible for all costs associated with its
connection to the system.
4.8.6 The City further agrees to include the University's storm water needs, as
outlined in the Ayres Report, as part of the capacity taken in the detention
pond located north of Spring Creek and west of the Burlington Northern
and Santa Fe railroad track. The City will not allow any other developer
to utilize the University's designated capacity in the detention pond
regardless of whether or not the University has completed connection to
the system.
4.8.7 The University agrees to reimburse the City for any additional costs
associated with the "upsizing" of the water quality detention pond at
Spring Creek.
4.9 Utility Infrastructure. Construction of the BRT Project shall include modifications
and relocations of existing University utilities and the installation of new utility
services and infrastructure necessary to support the BRT Project, including but
not limited to, relocation of vaults, sumps, and drains as well as utilities lines that
may be too shallow for the planned project. The costs associated with the
University utility and infrastructure modifications and all new infrastructure to
support the BRT Project shall be paid for by the BRT Project or the City.
7
4.9.1 A list of University utility infrastructure impacts presently known is
attached hereto as Exhibit C and incorporated herein by reference.
4.9.2 The City shall install an additional (empty) fiber-optic conduit with hand
vaults, along the entire length of the BRT Project, for future use by the
University. The University shall be responsible for the incremental
construction cost of the additional conduit and hand vaults.
4.10 Signalization and Signage. The City shall be responsible for installation and
costs associated with proper signage and signalization of all multi-modal
crossings.
4.10.1 All signage and signalization of intersections and crossings on the
Property must be coordinated with the University Police Services.
4.10.2 Signalization and other railroad crossings/markings must be approved by
the BNSF and Public Utilities Commission, if required.
4.10.3 Station and location signage on the Property must include University
identification and recognition. All University oriented signage and use of
logos must be approved by the University Creative Services unit.
4.11 Colorado Department of Public Health and Education ("CDPHE") Monitoring
Station. The City shall provide the University with a copy of written approval
from the CDPHE for the relocations of any structures or equipment related to the
monitoring station currently located near Laurel and Mason Streets. Relocation
of facilities or equipment on University property requires University approval.
4.12 Continued Facility Access. The City understands that University access points
to facilities, parking lots, and other improvements, currently accessed from
Mason Street must remain. Access shall include sidewalks and curb cuts as
appropriate and approved by the University.
4.13 Construction Process. The City shall use a standard design, bid, build process
for the BRT Project in accordance with applicable requirements.
In the event unexpected conditions are encountered during construction which
requires a change to the BRT Project on the Property, the City shall obtain
written approval from CSU prior to implementation as defined below:
(a) any modification to the location of planned improvements on the
Property, regardless of construction value;
(b) any modification of materials specified by the University for University
required enhancements, regardless of construction value;
(c ) any other change to that portion of the BRT Project on the Property
with a net change greater than $8,000 in construction cost.
8
4.13.1 The Parties understand that the process to approve changes must allow
for efficient change order approval during construction and accordingly,
each Party designates the following primary project contacts for
facilitation of approval for project changes:
University Primary Contact: City Primary Contact:
Nancy Hurt Helen Migchelbrink
CSU/CSURF Real Estate Office City Engineer or
601 S Howes St, Suite 200 duly authorized
PO Box 483 representative
Fort Collins, CO 80522 City of Fort Collins
970-472-0491 P.O. Box 580
Fort Collins, CO 80521
970-221-6340
Additional University Contact:
University Construction Liaison
CSU Facilities Management
Department 6030
Fort Collins, CO 80523
970-491-0017
4.13.2 The representatives shall be responsible for coordinating and securing
prompt approval of project changes with appropriate departments within
their respective organizations. Such approval will occur within three (3)
business days. The representatives will designate alternative contacts in
case of prolonged absence. Official approval of changes shall be in
writing from the designated representative.
4.13.3 BRT Project construction on the Property shall minimize the disruption to
University operations.
4.13.3.1 Construction during winter and summer breaks is
encouraged but not required.
4.13.3.2 Access to parking areas must be maintained at all times.
The University will work with the City to designate
temporary access points as reasonable and necessary.
4.13.3.3 No more than one major intersection located on the
Property will be closed at any one time. Major
intersections include Laurel/Mason, University/Mason,
Pitkin/Mason and Lake/Mason.
4.13.3.4 The City may not close any road or intersection on the
Property during the initial two weeks or finals
week/graduation of the Fall and Spring Semesters except
9
in the case of an emergency. The City agrees not to
close other major intersections on Laurel or Lake Streets
during the same time frames.
4.13.3.5 All utility outages and road closures will be coordinated
with CSU and conform to standard CSU closure policies.
4.14 Use. Within the limits of the Property, the BRT System shall at all times be used
solely for the purposes described above, and for no other purposes. There shall
be no vehicle maintenance facilities within the limits of the Property, nor shall
maintenance and repair activities be permitted within the limits of the Property
except as reasonably necessary to effect the removal of an inoperable or unsafe
vehicle or except as reasonably necessary for an immediate repair for
emergency considerations.
4.15 Public Relations. The City will develop (in coordination with the University)
appropriate public outreach campaigns during all phases of the BRT Project
design and construction.
5. Furnishings and Equipment The City shall provide all furnishings, fixtures, and
equipment necessary for operations of the BRT System. All such furnishings, fixtures and
equipment shall be deemed to be the property of the City upon cessation of the operation
of the BRT System. All costs for maintaining and repairing the furnishing and equipment
for the BRT Project shall be borne by the City. All furnishings and equipment located on
the Property shall conform to University Standards.
6. Operation and Maintenance
6.1 Guideway Maintenance. The City shall be responsible for the repair and
maintenance of the portion of the BRT System guideway and associated
signage/signalization, located in the current Railroad Right-of-Way and on the
Property, including but not limited to, repair and replacement, ice control and
snow removal, and all electrical and mechanical systems associated with the
BRT System in accordance with the City's usual and customary standards of
maintenance so that the system properly functions at all times and remains in a
good and safe condition.
6.2 Road Maintenance. Portions of the existing roadway between University
Avenue and Laurel Street lie in the Railroad Right-of-Way. The City and
University agree to share on a proportionate basis the cost of maintenance of
this roadway section under a separate operating agreement, which will be
executed prior to commencement of the BRT System operations.
6.3 Bike/Pedestrian Walkway Maintenance. The City and the University agree to
share equally in the cost of maintenance of the bicycle/pedestrian walkway on
the Property. Requirements for maintenance of that bicycle/pedestrian walkway
will be included in the operating agreement.
10
6.4 Walkway Lighting. The University will be responsible for all utility costs, repairs
and maintenance of the walkway lighting installed on the Property as part of the
BRT Project.
6.5 Station/Stop Maintenance. The City shall provide all repair and maintenance for
the Stations and stops on the Property, including custodial, waste removal,
recycling, lighting, and interior landscaping services sufficient to keep the BRT
System in a clean, neat, and attractive condition in accordance with the City's
usual and customary standards of maintenance. The City shall be responsible for
all utility costs related to the stations and stops.
6.6 Exterior Landscape Areas. The University will be responsible for all maintenance
and upkeep of landscape and irrigation areas installed on the Property as part of
the BRT Project. Such maintenance and upkeep will be performed to University
standards.
6.7 Snow Piling. The City and University agree to jointly develop plans for snow
piling in the event of large snow storms. The plans will be developed in advance
of the University Fall 2010 semester and updated periodically as changes
dictate. The City may not pile snow on University property, such as parking lots
or lawns, without specific University approval.
6.8 Security. The City shall provide general public safety protection for the BRT
System consistent with service levels provided elsewhere within the City and in
accordance with the requirements by Municipal, State and Federal statutes and
agencies having jurisdiction of the operation, maintenance, use and funding of
the BRT Project. The University shall provide general public safety protection for
the BRT System on the Property, consistent with service levels provided
elsewhere on the University Main Campus. If the City desires additional security
services anywhere on the BRT System, such security services shall be provided
by the City.
6.9 Access. It is understood that the BRT System shall be used for general
passengers and that, accordingly, it must remain available to the public as the
University's general operations continue though certain educational functions
might be in hiatus. The function and operation of the BRT System must continue
unimpeded and under no circumstance shall the University be entitled to interfere
with such function and operation.
6.9.1 Future Temporary Closures. The City and University agree to work with
each other to provide closure of the guideway or associated
improvements in the event of non-emergency repair, maintenance, or
utility crossing.
a. The City agrees to detour the BRT buses in the event the
University needs to repair, replace, or extend utility services in or
across the BRT System. The University will follow standard City
permitting requirements for utility crossings of any City owned
right-of-way for the BRT System and the City agrees to not
unreasonably delay or deny the University crossing. The City
11
shall not charge the University for any closures, reroutes, or
permits associated with such improvements.
b. The University agrees to cooperate with and provide the
City with necessary support and reasonable access and adjacent
use of property to affect any necessary repair or replacement of
BRT System improvements. The University shall not charge the
City for any closures, temporary land use, or permits associated
with such repair, replacement, or utility extensions.
6.10 Utilities. All utilities for the BRT System, including the Stations/stops will be
provided and maintained by the City.
6.10.1 The City agrees to repair or replace, in accordance with University
Standards, any existing utility lines in or across the BRT Project area in
the Railroad right-of-way or on the Property that are determined to have
failed as a result of the increased surface weight from bus loads.
6.11 Accordance with ADA and Other Laws. The City shall construct, operate, and
maintain the BRT System in full compliance with all federal and State of Colorado
laws, including but not limited to the federal "Americans with Disabilities Act" and
all federal and State of Colorado environmental laws and regulations. The City
shall be responsible for proper, timely (and, where required, licensed) disposal,
handling, monitoring and recording of any toxic and/or hazardous waste
generated by and/or from any of its uses hereunder of the Property. The City
acknowledges that the University is not permitted under its licenses to handle,
accept, store or dispose of such materials and shall not be required to do so.
The City shall maintain complete records concerning such toxic and/or
hazardous waste, which records shall be made available for reasonable review
and copying by the University upon written request.
6.12 General Operations. Unless expressly stated otherwise herein or in a separate
agreement between the parties, the City or the BRT Project shall be financially
responsible for the operation of the BRT System. The use by the University of
any public facilities and improvements constructed by the City for the BRT
Project on the Property shall be and shall remain free of any charges or
monetary cost, with the exception of use of the BRT system itself, which is
subject to fare collection from the University as well as all patrons unless
otherwise permitted by the City.
7. Finance.
7.1 Capital Cost. The capital cost of the BRT Project will be paid by a combination
of funding sources. Eighty percent (80%) of the cost will be funded by a grant
from the Federal Transit Administration ("FTA'). The remaining twenty percent
(20%) matching funds will be paid by the Fort Collins Downtown Development
Authority, the City and the State. The value of the right-of-way and easements
required to accommodate the BRT Project, including the easements described in
Section 8, will be applied to the City's portion of the matching funds.
12
8. Grant of Easements
8.1 Grant of Easements. A portion of the property upon which the BRT Project will
be built is owned by the University, which property is generally shown on the
Legal Descriptions in Exhibit "A" attached. The University agrees to grant, via
separate legal instrument, to the City an Easement on such property for the
construction of the BRT Project, subject to the University's rights of termination of
such Easements contained within Paragraph 2.2 above, for which the University
seeks no compensation.
8.2 BNSF. The City agrees to pursue and obtain at its sole cost and expense direct
rights of use from the Burlington Northern Santa Fe Railroad ('BNSF"), under
whatever legal instrument necessary, for the remainder of the BNSF right-of-way
for the entire length of the BRT System within the limits of the Property.
8.3 Railroad Encroachments. As part of the BRT System development and
construction process, the City will work with the University to address any
impacts associated with existing agreements with the BNSF. If, in connection
with the dedication of BNSF right-of-way to the City or any Easements granted to
the City by the University, any encroachments, crossings, easements, or other
similar agreements between any of the parties and the BNSF are impacted, the
parties agree to work together toward honoring and complying with those
agreements, or working with the BNSF toward amending the agreements.
9. Notice. Whenever a notice is either required or permitted to be given, it shall be given
in writing and delivered personally, or delivered by the U.S. Postal Service, certified mail,
return receipt requested, to the other party at the address indicated below or at such
other address as may be designated by either party:
If to the City: City of Fort Collins
City Manager
P.O. Box 580
Fort Collins, CO 80522
With a copy to: Transfort
General Manager
P.O. Box 580
Fort Collins, CO 80522
If to the University: Colorado State University
Vice President for University Operations
309 Administration Building
Colorado State University
Fort Collins, CO 80523
13
With a copy to: Office of General Counsel
01 Administration Building
Colorado State University
Fort Collins, CO 80523
With copy to: CSU/CSURF Real Estate Office
PO Box 483
Fort Collins, CO 80522
10. Liability.
10.1 The University shall be responsible for any and all claims, damages, liability and
court awards incurred as a result of any action or omission of the University or
its officers, employees, and agents in connection with the performance of this
Agreement.
10.2 The City shall be responsible for any and all claims, damages, liability and court
awards incurred as a result of any act or omission by the City, or its officers,
employees, and agents in connection with the performance of this Agreement.
10.3 Nothing in this Agreement shall be construed as a waiver of the notice
requirements, defenses, immunities, and limitations the City or University may
have under the Colorado Governmental Immunity Act (C.R.S. § 24-10-101 et
seq.) or to any other defenses, immunities, or limitations of liability available to
the City or the University by law.
10.4 To the extent authorized by law, and by Article V, Section 16 of the Fort Collins
City Charter, the City hereby agrees to indemnify, defend, and save the
University harmless from any and all liability, loss, damages, costs or expenses,
including attorney's fees on account of injuries to persons or property where the
injuries are caused by the negligence or willful misconduct of the City agent,
employee, or invitee of the City or by any person utilizing the BRT System, or
where such injury occurs as a result of the violation of the provisions of this
Agreement by any such person.
11. Insurance. The City shall secure and maintain all-peril property and casualty
insurance coverage protecting the BRT System and the City's personal property against
all risk of physical damage or loss for their full replacement cost. The City may provide
this insurance coverage through self-insurance. All insurance policies required pursuant
to this paragraph or paragraph 11, shall provide that the same may not be canceled or
altered except upon ten (10) days prior written notice to the University and shall permit
the City to waive its right of subrogation against the University.
12. DefaulURemedies.
12.1 Except as otherwise provided herein, in the event any party should fail or refuse
to perform according to the terms of this Agreement, such party may be declared
in default thereof.
14
12.2 In the event a party has been declared in default hereof, such defaulting party
shall be allowed a period of twenty (20) days, from receipt of notice of the default
from the non-defaulting party, within which to cure the default. In the event the
default remains uncorrected, the non-defaulting party may require specific
performance or avail itself of any other remedy at law or equity.
13. Damage and Destruction. The City is responsible for insuring the BRT System. Even
so, in the event the BRT System is rendered inoperable by fire, flood, or other casualty,
and such damage or destruction is not covered by insurance proceeds, the parties agree
that the City may seek additional funds as may be necessary to repair, restore, or
replace the BRT System. If the City is unable or unwilling to repair or replace the BRT
System under the terms of this provision, and if allowed by the terms of the grant, this
Agreement will immediately terminate and no financial obligation shall accrue from the
date of such fire, flood or casualty, except that the City shall be responsible for the costs
of demolition or removal of the BRT System on the Property and the restoration of the
Property compliant with University standards.
14. Tabor. All financial obligations of the City or the University arising under this Agreement
that are payable after the current fiscal year are contingent upon funds for that purpose
being annually appropriated, budgeted, or otherwise made available by the governing
bodies of the City or the University.
15. Assignment. Neither party may assign any rights or delegate any duties under this
Agreement without the written consent of the other party.
16. Entire Agreement. This Agreement, which includes the exhibits hereto, constitutes the
entire agreement between the parties, their officers, employees, agents, and assigns
and shall inure to the benefit of their respective survivors, heirs, successors and assigns.
Covenants or representations not contained in this Agreement shall not be binding on
the parties.
17. Jurisdiction/Severability. This Agreement shall be governed in all respects by the
laws of the State of Colorado. In the event any provision of this Agreement shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision of this Agreement.
18. Attorney's Fees. In the event that any party shall default under any of the provisions of
this Agreement and the non-defaulting party shall commence litigation to enforce this
Agreement, each party shall be responsible for its own attorney's fees.
[Remainder of page left intentionally blank]
15
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
For the City: For the University:
The City of Fort Collins, The Board of Governors of the
A Colorado Municipal Corporation Colorado State University System,
acting by and through Colorado State University
By: By:
Douglas Hutchinson, Mayor Dr. Anthony A. Frank, President
ATTEST APPROVED AS TO FORM:
City Clerk Deputy General Counsel
APPROVED AS TO FORM: STATE CONTROLLER
David J. McDermott, CPA
By:
Deputy City Attorney Troy Fluharty
Director of Business and Financial Services
Date:
16
EXHIBIT "A"
PROPERTY OWNERSHIP
(Exhibit "A" Property Ownership Map to be provided by CSU)
EXHIBIT "B"
BRT EASEMENT DESCRIPTIONS
DESCRIPTION OF THE TRANSPORTATION EASEMENTS TO BE ACQUIRED FROM;
COLORADO STATE UNIVERSITY
Three Transportation Easements located in the East Half of Section
14 Township 7 North Range 69 West of the Sixth Principal Meridian,
City Of Fort Collins, Larimer County, Colorado, being more
particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 14 as bearing North 89 degrees 21 minutes 45 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a
2 . 5" Aluminum Cap Monument at the south quarter corner of Section
14, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 1323. 91 feet to the
northwest corner of Tract A of the plat of University Square
Subdivision, a plat of record with the Clerk and Recorder of
Larimer County, and to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said east right of way, North 00
degrees 11 minutes 19 seconds East for a distance of 201. 25 feet;
THENCE leaving the said east right of way, along a non-tangent
curve to the left having a radius of 137 . 50 feet a central angle of
16 degrees 15 minutes 37 seconds and an arc length of 39 . 02 feet,
being subtended by a chord of South 07 degrees 56 minutes 29
seconds East for a distance of 38 . 89 feet;
THENCE along a curve to the right having a radius of 162 . 50
feet a central angle of 16 degrees 15 minutes 37 seconds and an arc
length of 46. 12 feet, being subtended by a chord of South 07
degrees 56 minutes 29 seconds East for a distance of 45. 96 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 40 . 79 feet;
THENCE along a curve to the left having a radius of 38 . 00 feet
a central angle of 15 degrees 00 minutes 16 seconds and an arc
length of 9 . 95 feet, being subtended by a chord of South 07 degrees
18 minutes 49 seconds East for a distance of 9. 92 feet;
THENCE along a curve to the right having a radius of 50. 00
feet a central angle of 15 degrees 11 minutes 38 seconds and an arc
length of 13.26 feet, being subtended by a chord of South 07
degrees 13 minutes 08 seconds East for a distance of 13.22 feet;
THENCE non-tangent from the previous curve, South 00 degrees
43 minutes 27 seconds West for a distance of 53. 51 feet to the
Page 1 of 4
north line of the said Tract A, University Square Subdivision;
THENCE along the said north line, North 89 degrees 50 minutes
09 seconds West for a distance of 14 . 50 feet to the point of
beginning. Containing 2, 109 square feet more or less.
TOGETHER WITH:
With the above described basis of bearings :
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNS
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 1811 . 99 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said right of way, North 00
degrees 11 minutes 19 seconds East for a distance of 1797 . 01 feet;
THENCE leaving the said right of way, South 37 degrees 09
minutes 56 seconds East for a distance of 35 . 20 feet;
THENCE South 00 degrees 27 minutes 29 seconds East for a
distance of 13. 05 feet;
THENCE South 39 degrees 19 minutes 49 seconds West for a
distance of 9 . 56 feet;
THENCE South 00 degrees 13 minutes 41 seconds West for a
distance of 219. 31 feet;
THENCE along a nor.-tangent curve to the left having a radius
of 487 . 50 feet a central angle of 04 degrees 07 minutes 31 seconds
and an arc length of 35 . 10 feet, being subtended by a chord of
South 01 degrees 37 minutes 03 seconds East for a distance of 35. 09
feet;
THENCE non-tangent from the previous curve, South 03 degrees
49 minutes 04 seconds East for a distance of 27 . 51 feet;
THENCE along a non-tangent curve to the right having a radius
of 37 . 50 feet a central angle of 30 degrees 35 minutes 24 seconds
and an arc length of 20 . 02 feet, being subtended by a chord of
South 11 degrees 34 minutes 14 seconds West for a distance of 19. 78
feet;
THENCE along a curve to the left having a radius of 12 . 50 feet
a central angle of 09 degrees 10 minutes 58 seconds and an arc
length of 2 . 00 feet, being subtended by a chord of South 22 degrees
16 minutes 27 seconds West for a distance of 2 . 00 feet;
THENCE non-tangent from the previous curve, South 03 degrees
26 minutes 59 seconds East for a distance of 57 . 56 feet;
THENCE South 86 degrees 10 minutes 56 seconds West for a
distance of 5 . 50 feet;
THENCE South 03 degrees 49 minutes 04 seconds East for a
distance of 40.29 feet;
Page 2 of 4
THENCE along a curve to the right having a radius of 200 . 56
feet a central angle of 03 degrees 57 minutes 48 seconds and an arc
length of 13 . 87 feet, being subtended by a chord of South O1
degrees 50 minutes 10 seconds East for a distance of 13. 87 feet; ;
THENCE South 00 degrees 08 minutes 44 seconds West for a
distance of 194 . 20 feet;
THENCE South 89 degrees 51 minutes 16 seconds East for a
distance of 5. 98 feet;
THENCE South 00 degrees 07 minutes 58 seconds West for a
distance of 73. 84 feet;
THENCE North 89 degrees 51 minutes 16 seconds West for a
distance of 6. 00 feet;
THENCE South 00 degrees 08 minutes 44 seconds West for a
distance of 126. 79 feet;
THENCE along a curve to the right having a radius of 500 . 50
feet a central angle of 03 degrees 22 minutes 32 seconds and an arc
length of 29 . 49 feet, being subtended by a chord of South 01
degrees 50 minutes 00 seconds West for a distance of 29. 48 feet;
THENCE South 03 degrees 31 minutes 16 seconds West for a
distance of 166. 98 feet;
THENCE South 86 degrees 42 minutes 36 seconds East for a
distance of 4 . 95 feet;
THENCE South 03 degrees 17 minutes 24 seconds West for a
distance of 6. 05 feet;
THENCE South 00 degrees 26 minutes 22 seconds East for a
distance of 26. 47 feet;
THENCE North 88 degrees 30 minutes 31 seconds West for a
distance of 6. 33 feet;
THENCE along a non-tangent curve to the left having a radius
of 549 . 50 feet a central angle of 00 degrees 57 minutes 45 seconds
and an arc length of 9. 23 feet, being subtended by a chord of South
00 degrees 39 minutes 45 seconds West for a distance of 9 . 23 feet;
THENCE non-tangent from the previous curve, South 00 degrees
10 minutes 52 seconds West for a distance of 68 . 47 feet;
THENCE South 89 degrees 49 minutes 08 seconds East for a
distance of 5 . 00 feet;
THENCE South 00 degrees 10 minutes 52 seconds West for a
distance of 4 . 51 feet;
THENCE along a curve to the left having a radius of 15. 00 feet
a central angle of 89 degrees 45 minutes 27 seconds and an arc
length of 23 . 50 feet, being subtended by a chord of South 44
degrees 41 minutes 51 seconds East for a distance of 21. 17 feet;
THENCE non-tangent from the previous curve, South 00 degrees
11 minutes 19 seconds West for a distance of 23 . 31 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 16. 65 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 434 . 82 feet;
THENCE North 89 degrees 48 minutes 41 seconds West for a
distance of 16. 00 feet;
Page 3 of 4
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 39. 64 feet;
THENCE along a curve to the right having a radius of 150. 00
feet a central angle of 23 degrees 34 minutes 38 seconds and an art
length of 61 . 73 feet, being subtended by a chord of South 11
degrees 58 minutes 38 seconds West for a distance of 61.29 feet;
THENCE along a curve to the left having a radius of 137 . 50
feet a central angle of 23 degrees 34 minutes 38 seconds and an art
length of 56 . 58 feet, being subtended by a chord of South 11
degrees 58 minutes 38 seconds West for a distance of 56. 18 feet to
the point of beginning. Containing 36, 760 square feet more or
less.
FURTHER TOGETHER WITH:
With the above described basis of bearings:
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 3778 . 95 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said east right of way, North 00
degrees 11 minutes 19 seconds East for a distance of 195 . 37 feet to
the back of the curb along the south side of West Laurel Street;
THENCE leaving the said right of way, and along the said back
of curb, South 89 degrees 48 minutes 24 seconds East for a distance
of 1. 73 feet;
THENCE South 00 degrees 06 minutes 05 seconds West for a
distance of 195. 41 feet;
THENCE North 88 degrees 45 minutes 02 seconds West for a
distance of 2 . 03 feet to the point of beginning. Containing 367
square feet more or less .
The above described easements contain a total of 39, 236 square feet
(0 . 901 acres) more of less and are subject to all easements and
rights of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description_ is based upon previously recorded
plats and deeds and not upon a actual field surve
p p ,A`eee%dGE1 CRA/0,°°
WALLACE C. MUSCOTT COLORADO P.L. S. 17497 GISTEgt�Gif!�":
P.O. BOX 580 FORT COLLINS, CO 80522 LAU
1749
� e
Page 4 of 4 s r tioSURaeo�,'C)
aOF
DESCRIPTION OF THE TEMPORARY CONSTRUCTION EASEMENTS TO BE
ACQUIRED FROM COLORADO STATE UNIVERSITY
Three Temporary Construction Easements located in the East Half of
Section 14 Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, being,
more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 14 as bearing North 89 degrees 21 minutes 45 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a
2 . 5" Aluminum Cap Monument at the south quarter corner of .Section
14, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 14 ;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 dearees 11
minutes 19 seconds East for a distance of 1323. 91 feet to the
northwest corner of Tract A of the plat of University Square
Subdivision, a plat of record with the Clerk and Recorder of
Larimer County;
THENCE along the north line of the said Tract A, South 89
degrees 50 minutes 09 seconds East for a distance of 14 . 50 feet to
the TRUE POINT OF BEGINNING of this description;
THENCE leaving the said north line, North 00 degrees 43
minutes 27 seconds East for a distance of 53. 51 feet;
THENCE along a non-tangent curve to the left having a radius
of 50 . 00 feet a central angle of 15 degrees 11 minutes 38 seconds
and an arc length of 13 . 26 feet, being subtended by a chord of
North 07 degrees 13 minutes 08 seconds West for a distance of 13 .22
feet;
THENCE along a curve to the right having a radius of 38 . 00
feet a central angle of 15 degrees 00 minutes 16 seconds and an arc
length of 9. 95 feet, being subtended by a chord of North 07 degrees
18 minutes 49 seconds West for a distance of 9 . 92 feet;
THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 40. 79 feet;
THENCE along a curve to the left having a radius of 162 . 50
feet a central angle of 16 degrees 15 minutes 37 seconds and an arc
length of 46. 12 feet, being subtended by a chord of North 07
degrees 56 minutes 29 seconds West for a distance of 45 . 96 feet;
THENCE along a curve to the right having a radius of 137 . 50
feet a central angle of 16 degrees 15 minutes 37 seconds and an arc
length of 39. 02 feet, being subtended by a chord of North 07
Page 1 of 5
degrees 56 minutes 29 seconds West for a distance of 38 . 89 feet to
the said east right of way of the BNSF Railway;
THENCE along the said right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 286. 83 feet;
THENCE leaving the said right of way, along a curve to the
right having a radius of 137 . 50 feet a central angle of 23 degrees
34 minutes 38 seconds and an arc length of 56. 58 feet, being
subtended by a chord of North 11 degrees 58 minutes 38 seconds East
for a distance of 56. 18 feet;
THENCE along a curve to the left having a radius of 150 . 00
feet a central angle of 23 degrees 34 minutes 38 seconds and an arc
length of 61 . 73 feet, being subtended by a chord of North 11
degrees 58 minutes 38 seconds East for a distance of 61 . 29 feet;
THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 39. 64 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 10 . 00 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 154. 64 feet;
THENCE North 89 degrees 48 minutes 41 seconds West for a
distance of 24 . 00 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 286. 83 feet;
THENCE South 26 degrees 22 minutes 35 seconds East for a
distance of 93. 91 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 117 . 22 feet to the said north line of Tract A;
THENCE along the said north line, North 89 degrees 50 minutes
09 seconds West for a distance of 37 . 50 feet to the point of
beginning. Containing 12, 366 square feet more or less.
TOGETHER WITH:
With the above described basis of bearings :
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 1811 . 99 feet;
THENCE leaving the said right of way, South 89 degrees 48
minutes 41 seconds East for a distance of 34 . 00 feet;
THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 154 . 64 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 6. 00 feet to the TRUE POINT OF BEGINNING of this
description;
Page 2 of 5
THENCE North 00 degrees 11 minutes 19 seconds East for �
distance of 434 . 82 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 60 . 00 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for G
distance of 434 . 82 feet;
THENCE North 89 degrees 48 minutes 41 seconds West for a
distance of 60 . 00 feet to the point of beginning. Containing
26, 089 square feet more or less.
FURTHER TOGETHER WITH:
With t:�e above described basis of bearings:
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 3609 . 00 feet to the TRUE
POINT OF BEGINNING of this description;
THENCE continuing along the said right of way, North 00
degrees 11 minutes 19 seconds East for a distance of 169. 94 feet;
THENCE leaving the said right of way, South 88 degrees 45
minutes 02 seconds East for a distance of 2 . 03 feet;
THENCE North 00 degrees 06 minutes 05 seconds East for a
distance of 195. 41 feet to the back of the curb along the south
side of West Laurel Street;
THENCE along the said back of curb, South 89 degrees 44
minutes 14 seconds East for a distance of 10 . 00 feet;
THENCE South 00 degrees 06 minutes 05 seconds West for a
distance of 195. 58 feet;
THENCE North 88 degrees 45 minutes 02 seconds West for a
distance of 2 . 03 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 169. 76 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 15. 50 feet;
THENCE South 00 degrees 13 minutes 41 seconds West for a
distance of 357 . 77 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 64 . 74 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 146. 06 feet;
THENCE North 89 degrees 48 minutes 41 seconds West for a
distance of 65. 00 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 579 . 10 feet;
Page 3 of 5
THENCE North 89 degrees 48 minutes 41 seconds West for �L
distance of 7 . 00 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 83 . 06 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 15 . 35 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 41. 56 feet;
THENCE North 89 degrees 48 minutes 41 seconds West for a
distance of 10 . 00 feet;
THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 23 . 31 feet;
THENCE along a non-tangent curve to the right having a radius
of 15 . 00 feet a central angle of 89 degrees 45 minutes 27 seconds
and an arc length of 23 . 50 feet, being subtended by a chord of
North 44 degrees 41 minutes 51 seconds West for a distance of 21 . 17
feet;
THENCE North 00 degrees 10 minutes 52 seconds East for a
distance of 4 . 51 feet;
THENCE North 89 degrees 49 minutes 08 seconds West for a
distance of 5. 00 feet;
THENCE North 00 degrees 10 minutes 52 seconds East for a
distance of 68 . 47 feet;
THENCE along a curve to the right having a radius of 549. 50
feet a central angle of 00 degrees 57 minutes 45 seconds and an arc
length of 9 . 23 feet, being subtended by a chord of North 00 degrees
39 minutes 45 seconds East for a distance of 9. 23 feet;
THENCE non-tangent from the previous curve, South 88 degrees
30 minutes 31 seconds East for a distance of 6. 33 feet;
THENCE North 00 degrees 26 minutes 22 seconds West for a
distance of 26. 47 feet;
THENCE North 03 degrees 17 minutes 24 seconds East for a
distance of 6. 05 feet;
THENCE North 86 degrees 42 minutes 36 seconds West for a
distance of 4 . 95 feet;
THENCE North 03 degrees 31 minutes 16 seconds East for a
distance of 166. 98 feet;
THENCE along a curve to the left having a radius of 500 . 50
feet a central angle of 03 degrees 22 minutes 32 seconds and an arc
length of 29. 49 feet, being subtended by a chord of North 01
degrees 50 minutes 00 seconds East for a distance of 29 . 48 feet;
THENCE North 00 degrees 08 minutes 44 seconds East for a
distance of 126. 79 feet;
THENCE South 89 degrees 51 minutes 16 seconds East for a
distance of 6. 00 feet;
THENCE North 00 degrees 07 minutes 58 seconds East for a
distance of 73 . 84 feet;
THENCE North 89 degrees 51 minutes 16 seconds West for a
distance of 5 . 98 feet;
Page 4 of 5
THENCE North 00 degrees 08 minutes 44 seconds East for a
distance of 194 . 20 feet;
T 2NCE along a curve to the left having a radius of 200. 50
feet a central angle of 03 degrees 57 minutes 48 seconds and an arc
length of 13 . 87 feet, being subtended by a chord of North 01
degrees 50 minutes 10 seconds West for a distance of 13 . 87 feet;
THENCE North 03 degrees 49 minutes 04 seconds West for a
distance of 40 .29 feet;
THENCE North 86 degrees 10 minutes 56 seconds East for a
distance of 5 . 50 feet;
THENCE North 03 degrees 26 minutes 59 seconds West for a
distance of 57 . 56 feet;
THENCE along a non-tangent curve to the right having a radius
of 12 . 50 feet a central angle of 09 degrees 10 minutes 58 seconds
and an arc length of 2 . 00 feet, being subtended by a chord of North
22 degrees 16 minutes 27 seconds East for a distance of 2 . 00 feet;
THENCE along a non-tangent curve to the left having a radius
of 37 . 50 feet a central angle of 30 degrees 35 minutes 24 seconds
and an arc length of 20 . 02 feet, being subtended by a chord of
North 11 degrees 34 minutes 14 seconds East for a distance of 19. 78
feet;
THENCE non-tangent from the previous curve, North 03 degrees
49 minutes 04 seconds West for a distance of 27 . 51 feet;
THENCE along a non-tangent curve to the right having a radius
of. 487 . 50 feet a central angle of 04 degrees 07 minutes 31 seconds
and an arc length of 35. 10 feet, being subtended by a chord of
North 01 degrees 37 minutes 03 seconds West for a distance of 35. 09
feet;
THENCE non-tangent from the previous curve, North 00 degrees
13 minutes 41 seconds East for a distance of 219. 31 feet;
THENCE North 39 degrees 19 minutes 49 seconds East for a
distance of 9. 56 feet;
THENCE North 00 degrees 27 minutes 29 seconds West for a
distance of 13 . 05 feet;
THENCE North 37 degrees 09 minutes 56 seconds West for a
distance of 35 . 20 feet to the point of beginning. Containing
26, 223 square feet more or less .
The above described easements contain a total area of 64, 678 square
feet more or less (1 . 485 acres more of less) and are subject to all
easements and rights of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey
WALLACE C. MUSCO!t COLORADO P.L. S. 17497 aP .•SEcisrF••
H r
P.O. BOX 580 FORT COLLINS, CO 80522 CRFo"
e 174g
Page 5 of 5
A
LOCATION SKETCH
COLORADO STATE UNIVERSITY
LAURAL
=SQFTor.
F
N j
i
OLD MAIN
FEBRUARY 3, 2010
NTS '
PROPOSED
TEMP. CONST.
ESMT.
PROPOSED 26,223 SO. FT
TRANSPORTATION
ESMT.
36.760 SO. FT.
1
1
j
j
UNIVERSITY
y PROPOSED
CONST.
ESMT.
ai 26,089 SQ. FT
_I
7.
.1
1
1
7
PROPOSED
TEMP- CONST.
ESM'T.
- 12,366 SO. FT.
PROPOSED 3
TRANSPORTATION
ESMT. 3
2,109 SO. FT.
_I
PITKIN
NOrPlfllYEST CGd4NEX
�E��TROCT A lwnrlR5/1Y SOwRz,Sll9
s 1/ COWER � 1 � PROSPECT ROAD '
THIS SKETCH AND THE AREAS 14-7-69 SE CORNER
SHOWN DEPICT THE ATTACHED 1~7-�
PROPERTY DESCRIPTION ONLY,
AND DO NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
K\SURV\PRDJ\TRANSERV\BRT\CSUROW
DESCRIPTION OF A TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED
FROM THE STATE OF COLORADO BOARD OF AGRICULTURE
A Temporary Construction Easement located in the Southeast Quarter
of Section 14 Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Tract A of the plat of The University
Square Subdivision, a plat of record with the Clerk and Recorder of
the said Larimer County, being more particularly described as
follows;
Considering the south line of the southeast quarter of the said
Section 14 as bearing North 89 degrees 21 minutes 45 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a
2 . 5" Aluminum Cap Monument at the south quarter corner of Section
14, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 629. 01 feet to the
southwest corner of the said Tract A, The University Square
Subdivision;
THENCE along the south line of the said Tract A, South 89
degrees 50 minutes 09 seconds East for a distance of 14 . 09 feet to
the TRUE POINT OF BEGINNING of this description;
THENCE along a non-tangent curve to the left having a radius
of 50 . 00 feet a central angle of 04 degrees 01 minutes 26 seconds
and an arc length of 3 . 51 feet, being subtended by a chord of North
12 degrees 48 minutes 37 seconds West for a distance of 3 . 51 feet;
THENCE along a curve to the right having a radius of 38 . 00
feet a central angle of 15 degrees 00 minutes 39 seconds and an arc
length of 9. 96 feet, being subtended by a chord of North 07 degrees
19 minutes 01 seconds West for a distance of 9. 93 feet;
THENCE non-tangent from the previous curve, North 00 degrees
11 minutes 19 seconds East for a distance of 649. 42 feet;
THENCE along a non-tangent curve to the right having a radius
of 38 . 00 feet a central angle of 13 degrees 41 minutes 27 seconds
and an arc length of 9. 08 feet, being subtended by a chord of North
07 degrees 02 minutes 02 seconds East for a distance of 9. 06 feet;
THENCE along a curve to the left having a radius of 50 . 00 feet
a central angle of 13 degrees 29 minutes 26 seconds and an arc
length of 11. 77 feet, being subtended by a chord of North 07
; degrees 08 minutes 02 seconds East for a distance of 11. 75 feet;
THENCE non-tangent from the previous curve, North 00 degrees
11 minutes 19 seconds East for a distance of 11. 57 feet to the
Page 1 of 2
north line of the said Tract A;
THENCE along the said north line, South 89 degrees 50 minutes
09 seconds East for a distance of 65. 50 feet;
THENCE leaving the said north line, South 00 degrees 11
minutes 19 seconds West for a distance of 218 . 95 feet;
THENCE North 89 degrees 48 minutes 41 seconds West for a
distance of 35 . 00 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 20 . 00 feet;
THENCE North 89 degrees 48 minutes 41 seconds West for a
distance of 8 . 00 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 455. 97 feet to the said south line of Tract A;
THENCE along the said south line, North 89 degrees 50 minutes
09 seconds West for a distance of 22 . 91 feet to the point of
beginning. Containing 26, 881 square feet more or less .
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522 O�RAIG� ✓���r�
LP
17407
i z�or/lo
O1901YO A%t.
Page 2 of 2
DESCRIPTION OF A TRANSPORTATION EASEMENT TO BE ACQUIRED FROM THE
STATE OF COLORADO BOARD OF AGRICULTURE
A Transportation Easement located in the Southeast Quarter of
Section 14 Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Tract A of the plat of The University
Square Subdivision, a plat of record with the Clerk and Recorder of
the said Larimer County, being more particularly described as
follows;
Considering the south line of the southeast quarter of the said
Section 14 as bearing North 89 degrees 21 minutes 45 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a
2 . 5" Aluminum Cap Monument at the south quarter corner of Section
14, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 629. 01 feet to the
southwest corner of the said Tract A, The University Square
Subdivision, and to the TRUE POINT OF BEGINNING of this
description;
THENCE continuing along the said east right of way, North 00
degrees 11 minutes 19 seconds East for a distance of 694 . 90 feet to
the northwest corner of the said Tract A;
THENCE along the north line of the said Tract A, South 89
degrees 50 minutes 09 seconds East for a distance of 14 . 50 feet;
THENCE leaving the said north line, South 00 degrees 11
minutes 19 seconds West for a distance of 11 . 57 feet;
THENCE along a non-tangent curve to the right having a radius
of 50. 00 feet a central angle of 13 degrees 29 minutes 26 seconds
and an arc length of 11 . 77 feet, being subtended by a chord of
South 07 degrees 08 minutes 02 seconds West for a distance of 11. 75
feet;
THENCE along a curve to the left having a radius of 38 . 00 feet
a central angle of 13 degrees 41 minutes 27 seconds and an arc
length of 9. 08 feet, being subtended by a chord of South 07 degrees
02 minutes 02 seconds West for a distance of 9. 06 feet;
THENCE non-tangent from the previous curve, South 00 degrees
11 minutes 19 seconds West for a distance. cf 649. 42 feet;
THENCE along a curve to the left having a radius of 38 . 00 feet
a central angle of 15 degrees 00 minutes 39 seconds and an arc
; length of 9 . 96 feet, being subtended by a chord of South 07 degrees
19 minutes 01 seconds East for a distance of 9. 93 feet;
Pace 1 of 2
THENCE along a curve to the right having a radius of 50 . 00
feet a central angle of 04 degrees 01 minutes 26 seconds and an arc
length of 3. 51 feet, being subtended by a chord of South 12 degrees
48 minutes 37 seconds East for a distance of 3 . 51 feet to the north
line of the said Tract A;
THENCE along the said north line, non-tangent from the
previous curve, North 89 degrees 50 minutes 09 seconds West for a
distance of 14 . 09 feet to the point of beginning. Containing 8, 405
square feet more or less.
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497 auunneuu
P.O. BOX 580 FORT COLLINS, CO 80522 CRA/G //ioeos�,
Q,:K.P�pISTEq%
17�49 7
�� S f�0 ; ro
',,,'// /O If O O`��a�J
Page 2 of 2
LOCATION SKETCH
STATE OF COLORADO BOARD OF AGRICULTURE
PITKIN STREET
L3
0.y
A�RIf/!Y£ST'LriPNER
o,,
i
i
Course Bearing Distance
too' RAILWAY Row L1 N 0011'19 E 629.01'
...� L2 N 00'11 19" E 694.90
�` L3 S 89'50'09 E 14.50
L4 S 00'11 19 W 11.57
'« L5 S 00'11'19 W 649.42'
L6 N 89'50'09 W 14.09'
Curve Radius Length Delta
PROPOSED C1 50.00' 11.77 13'29'26
TRANSPORTATION w �;:; C2 38.00' 9.08 13'41'27"
ESM'T. J ::.� C3 38.00' 9.96' 15'00'39'
8,405 S0. Fr. C4 50.00' 3.51' 4'01"26'
PROPOSED
TEMP. CONST.
...I ESM'r.
26.881 SO. FT
I
I
I
{ E
0;5.R1 B0�
sournrEsr c acutx
i
19F4C1 A
1
lw)2D*v ZYVT \2w,- zt,T LAKE STREET
J
N 89'21'45" W 522.91' N
S 1/4 CORNER PROSPECT ROAD SE CORNER
14-7-69 14-7-69
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND 00 NOT REPRESENT A FEBRUARY 2, 2010
MONUMENTED BOUNDARY SURVEY.
N TS
K\SURV\PROJ\TRANSER/\BRT\CSUROW
EXHIBIT "C"
UNIVERSITY UTILITY INFRASTRUCTURE
._. ._o LEGEND
Are
,fi
IT
_ a
8
el 7
C wv w
it.99
' RAILROAD ROW
ea- - . .•. f �1 �_.
I'
UTILITY IMPACTS
or
She
I 1 It)III N ty Utlli Impacts Along Moon Street Corridor
�• - r :— i i + , •p--p 1 Note at Ihrw xd tmp air based on the preliminary Information about the actual brah counties
of the rnur
v ; r Actnal Imryrors cannot be nce.n I red Without a Jetailyd ping Iay out
w� . . � ' Revision No, III
0 < print hale Novmberh, Zfew
1. to NI tenderfeet; holding at Sage I jai I will likely have In most.
2. Storm water line behind Gibbons is eldand unknownicenclanI cliametrn
_ 1 ). Abandoned Steam S'aull needs ToWfilled-
a. Storm water line in Seaon Street behind SC' Gym nshalbW.
5. tore Hydrant west of South Collegr Gym lies the puking lute will likely have to sense
e. F%Wnd neam tunnel Fast side of walk Tunnel under RR-lrxksou To go under Season Shrel mrrlJor
- to: I �- ^., this 1s a problem ami. A - S0 toot Imutei esmokn %ould allow for bluets repam with out hosing W
close of the server tot n-paln
Steam tunnel that man from Student Sees ices N Vocational tdoeff ion Building - pour condition.
(� i e- ( (a line in This Tunes<I Increased loading inth' m+ awlld mlbpse asishng more
8 r t. Water low in Cn1 evy A lsenu is old and in unknown Condition
l 1 r a. Storm bran " the south side of Urr emih Asrnue Is old anal dullo%
— 10 them IN large electric vault and an abandoned suJl in the lad parking WI them n a Walt and
translarmer aLVaM end ol7rxktoM mlaraee.f.
il. Sanikry Severe under thetrxks at Villein w damaged aW needs to br mpurrJ
View -^ ' 12. telecom I, Ault Cross-Ru r s will ned to be relocidd e ' min sa .r lea a ❑. Storm %airy wimp in the parking lot behind The % mdols tenser q+Ier•+n n be right in the way . ll will
-. �Y have To Ili• rflucaled or perhaps the discharge could be piped to the wisely to another storm wales line at
{/ the south end of the parking for.
It Storm water Aksar plan paled to connect the Molar Pool leaking lot To Spring Creek is right in the
path of the rortidor. In addition. Bit City has some ei~% w ITS The damage at Ventilator and College and
i - would like to et an oulgll to S m Cmek as well. It Would bra sod livers rtunily In
_1 Y 6 Fey R m 6inR oplm
_ incorporate Ihk pmject into Rwe Hawn Street Con Woe.
Y r!� 15. Irrigation line is an old tumter Line thayshoulJ be mplacrdouuil of the new, halficbnn
14
1411, Storm %jeer line north of Prospect Rd. old and Orairo inb depre+vbn well of RR tracks
n two van It blv Cooling Lino need To eslmlded to tut side of RR teaks arW corridor.
It Sheeter lighting rgheing may rwvJ Try M or mloeah•d
LEER
tr nplxeJ Ise new lout an.l umpw ulrry.
h ==1 t_ i 21 .- sun 19. Electrical distribution line r parallel to the corridur m•jrty the rnlim rouM +aon umpu.
rl S 20. Sardup Gwer inn ptr+llel Io Ne «srtidor nearly (directive route xro , umpt .
- aL 27. Wafer lines need to be extended anus RR tad.and rortidor.
-� \alga
1. NVINIel"Alam Cato Iw Jclvnnnt R utdlhn hs.shallow
2. :N' slruclutal traluali.n to determining inaalamulimpusl of bus taRsc
�-- " - •-_ i ' � c13o- C- -.•+ 1. Mainw•vrsm -Snrw ramnsalam nuts« JAewalk
%4 \\ .. MaNI<nante - SrM ryatn
S. Ouugo -(-'' Utility Rsyaln - What luppma nw ntmsuln`
-- -- e — ` b. 5urtdaad -City or CSU wudank im vhaab)
L-� `_ , - i e• r ~�' - 7. RNR - Annual I sue cat nay Inaoave b RL: UPS JamW per dun•
-t } A. All kinetic. - Will serefy upxvy hit nI ImM1lYngs on ease sis4•of \urn Servae.
t v
a ,
OCP
r
step
eAt
' _ Jy tit w _
� t v16
' r�Trc�T-r srrx vices
.�
i
� oa000a goo c
0
0
0
0
LAUREL STRRET SCALE 1 -60
0
0
•, g ua "00
- - /: -
1
. CONSTRUCTION 60
CENTER
,e Lt
1NDUSTR !AL
SCIENCESIAB
It All
, .
I?!rV!-•. - -
c
>a - I � s� � • � 64 �
N
LAUREL y7
� ! AI I- ^ — SPF�U y •,
r _ W_mr ► ALL
AV
m,41
C `e
r• ti , ///I jo
' 9l18
ss—
• OLD MAIN DRIVE
WJKIH EDGE IN LA
jL'IAAIN OiBVE w
d Q '• �I �t 'Yr
O > y L
a , • z 'I
�areut
O are
\\ -
00
II _ welp +W'
x -r :
00
67
I
11 I !'I o' ! Of !
11 / L�
n
re
'I sl
i 91 : , , ALDER HALT
e- I
^ ii VI
tee� WNMW I
.f
00
I i it
1 W
�J f
�11111 r� I w I•
�d
ALDER HALL
i. h ,
'1 I
tl
11 � .
-
j
er
w w _
:1 • =01A wryer
N 73
Orr
I
Ell
4
IIOKp w
rni I ECE AVE . CYN'
OF - w „ •
I,, . o w
\ Y IYpI I
At
9Y �
w µ
1
If •h=z-f flaw ILI LI r t L
�.
r• ver
A
J
SCALE 1-60 /
�Il 7 09
II,I
ti
i
1
M
Y
S � ~
M � -
y UNIVERSITY AVE
r s .
° 71 '
UNIVERSITY AVE
low
yy . ` ♦ _ - -
i. Mil ITARY ANNEX 1 1 000
00
18
00
Als
ti
>y
y
AN
�I
.Id z� lee
,.
� \ I
10
000
70
I
~ 1 m
p r gyp♦.] I .A
Yc o
000
V
♦ 4
IY
•Y
102
GENERAL a
SERVICES 000
BUILDING -
18 i
00,
1 " b
i
�. .
"' 00 10 0
ti. AC K
- -* PRBo
00
ESS
00 PO
u
1
DES NORTH . r.Y, .
A �,k SCALE 140
1-
SEI-NiC - S NCR ?
_ J
- pit
17
v— EAST PITKIN STREET
I
~ ACUITIES SERVICES SCUT I'
00
21
� 1
09
/ I
sli' va JI
,•� . ., . IM1 F C
0 NI
Sal
y
/// n• c. r
ii
F .
W
EA Is
U -NN eT
\�\2 G . VEH C
MAIN 00
Vehicle' ���
13
wcs �l tc
a
00
F /
I
16C
18
CE RAL. RECE V1
STORAG 00
w
09
IIII
13 , 00
le TR
RECEIVI G r
JSJ e
Yy Ely _ I [ 1• y..
tiI
EAST LAKE STREET
1 - — SCALE 140
314
3- I
_ SFu
n��:
-- - EAST LAKE STREET
Ks r
I
on KFW
WAS
7
I
00
16
I I I
1
J-- -
WEST PROSPECT ROAD
i
I
i
SCALE 140
EXHIBIT B
AGREEMENT
FOR MASON CORRIDOR/MAX BUS RAPID TRANSIT SYSTEM
THIS AGREEMENT (the "Agreement") is made and entered into this _day of
2010, by and between the CITY OF FORT COLLINS, COLORADO, a Municipal
Corporation, (the "City') and the COLORADO STATE UNIVERSITY RESEARCH
FOUNDATION ("CSURF").
Recitals
A. The City and the CSURF are working together to develop the section of the
Mason Corridor/MAX Bus Rapid Transit Project along the Burlington Northern & Santa Fe
Railway Company right-of-way through CSURF's property adjacent the Colorado State
University main campus, within the City Limits of the City (the "BRT Project"), for the purpose of
providing more comfortable and efficient public rapid bus service to the students, faculty, staff
and visitors of the University and the citizens of the City.
B. The parties desire to enter into this Agreement in order to set forth their
respective rights and obligations concerning the development, maintenance, operation, and use
of the Mason Corridor/MAX Bus Rapid Transit System (the "BRT System").
C. A portion of the property upon which the BRT Project will be built is owned by
CSURF, which property is generally shown on Exhibit "A" attached hereto and incorporated
herein by this reference (the "Property"). In exchange for the City's obligations stated herein,
CSURF agrees to grant certain easements on the Property for the construction of the BRT
Project.
NOW THEREFORE, in consideration of the mutual promises contained herein, and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged,the parties hereto agree as follows:
1. General Purpose. The general purpose of this Agreement is to establish and formalize
the basic understanding between the parties regarding their efforts to support and/or develop
the BRT System to be used for the benefit of the City and of the students, faculty, and staff of
the University. The City and CSURF agree to collaborate on the development of the BRT
Project, including the design, rights-of-way acquisition, construction, operations, and public
relations for the BRT Project.
2. Ownership, Termination, Reservation of Rights.
2.1 Ownership Interests of the Parties.
2.1.1 Ownership Interests of the Parties. It is understood that the Property
upon which portions of the BRT Project shall be constructed is owned by
CSURF. It is further understood that funding for the construction of the BRT
Project is to be provided, in large part, by a grant from the Federal Transit
Administration ("FTA"), and that as a condition of such grant, the City is required
to have a legal interest in the Property upon which the BRT Project is located.
Accordingly, subject to the provisions of Section 2.2 below, CSURF hereby
1
agrees to grant Easements, via separate legal instrument, to the City for the
Property upon which portions of the BRT Project are to be located. The
Easements are more specifically described in Exhibit "B" attached hereto, and
by reference are made a part of this Agreement.
2.2 Termination.
a. CSURF may terminate this Agreement and request vacation of the
Easements provided for in Paragraph 8 below in the event that the
Property is not actively used by the City for the intent of the BRT Project
as set out herein. The BRT System shall be deemed to be inactive if the
City fails to provide BRT service to the general public upon the full length
of the BRT System for a period in excess of six (6) months or, if the
failure to provide service upon the full length of the BRT System is
caused by some force majeure, then for a period in excess of two (2)
years. (Force majeure means a cause beyond either party's control, such
as fire, flood, explosion, power failure, acts of God, war, revolution, civil
commotion, or acts of public enemies.)
b. CSURF may terminate this Agreement if the FTA grant sufficient to .
complete construction of the Project as described in paragraph 3 below,
is not awarded within three (3) years from and after the date of the
execution of this Agreement by all parties.
2.3 Reservation of Rights. CSURF reserves the following rights, and the Easements
shall be subject to the following rights:
a. To continue to utilize streets, roadways, utility easements, storm drainage
facilities, sidewalks, rights of way, and similar improvements or amenities
on the Property for which CSURF has rights therein, independent of
those contemplated herein, by documents of record or historical usage,
so long as such uses do not substantially impair or interfere with BRT
System operations;
b. CSURF may have access to all such streets, roadways, utility easements,
storm drainage facilities, sidewalks, rights of way, and similar
improvements or amenities on the Property, for repairs, maintenance,
improvement or removal of any of said items or uses, without the need to
make any payment or fee. CSURF will repair and restore any damage to
the BRT System including replacement of pavement. The City and
CSURF agree to cooperate together to coordinate access to the Property
in order to minimize disruption to BRT System operations.
C. To grant easements, rights of way, or licenses for streets, roadways,
utility facilities, storm drainage facilities, sidewalks, and similar
improvements or amenities on or across the Property so long as such
uses do not conflict with or unreasonably impair the City's use of the
Property, and,
2
d. To use and extend utilities and facilities that serve the BRT Project as
may be reasonably necessary by CSURF, if applicable, so long as such
uses or extensions do not impair BRT System operations.
e. The right, at its sole cost, to modify, expand, or relocate any storm water
facility placed on its property to accommodate its own storm water needs,
so long as such work does not impair BRT System operations.
3. BRT Project Construction.
3.1 BRT Project Facilities. Unless expressly stated otherwise, the City shall be
financially responsible for the payment of the BRT Project facilities constructed
on the Property. The facilities to be constructed by the City on, over or under the
Property as part of the BRT Project shall include:
a. Approximately 600 linear feet of BRT guideway between West Lake
Street and Prospect Road.
b. Approximately 600 linear feet of attached bicycle/pedestrian trail, 12 feet
wide (except in restricted ROW locations within the BRT System),
between West Lake Street and Prospect Road.
C. One new BRT station located just north of Prospect Road . This station
will accommodate pedestrian access to the BRT vehicles and will include
canopies, lighting, landscaping, signage, and transit schedule information.
d. A new storm drainage system to collect and convey storm runoff to
accommodate the BRT Project improvements.
e. Modifications to existing site improvements, parking lots and utilities to
accommodate the BRT Project improvements.
f. Demolition and removal of all improvements associated with the old
PSCo facility located at 124 W Prospect Road. The City is responsible
for all costs associated with the demolition, removal and any required
historic documentation or memorialization. The City will provide CSURF
90 days notice of intent to commence demolition. CSURF will provide 60
days notice to Lessee to vacate and remove signs attached to the exterior
of the structure.
3.2 Design and Construction of the BRT Project.
3.2.1. The City agrees to include CSURF personnel in regular (at least monthly)
project meetings throughout final design and construction. The City will share
minutes of these meetings with CSURF.
3.2.2. Design Coordination and Reviews. The City and CSURF further agree to
work together on detailed review and approval of design plans for that portion of
the BRT Project on the Property.
3
a. The City agrees to solicit CSURF input during the final design
phase. The CSURF agrees to provide input, including
specification details as needed.
b. Where mutually agreeable between CSURF and the City, and
within the funding limits of the BRT Project, all design and
construction plan recommendations made by CSURF, related
to that portion of the BRT Project that is located on the
Property, shall be incorporated into the design and
construction plans.
c. Specific requirements for construction materials will be
included in CSURF's approval.
d. The CSURF Primary Contact defined under 3.11.2 below will
be responsible for coordinating design review and approvals.
3.3 Design Standards. All designs for the BRT project on the Property must be
consistent with the Colorado State University Aesthetic Guidelines and City of Fort
Collins Land Use Code development standards; including but not limited to, fencing,
signage, landscape, parking lot modifications, transit stations/stops, utility services, and
other developed infrastructure. At its discretion, the City may seek variances to the
City's development standards when retro-fitting or replacing a portion of an existing
facility or improvements. Existing improvements to be retrofitted or replaced, including
but not limited to paving, sidewalks, asphalt, and fencing, shall match the existing where
appropriate and be of equal or better quality. The City and CSURF have mutual interest
in the implementation of sustainable practices. To the extent reasonable, the Parties
agree to the use of sustainable materials and methods for the construction, operation,
and maintenance of the BRT Project.
3.4 Walkway Lighting. The City agrees to install walkway (security) lighting, compliant
with CSU specifications, along the bike/pedestrian portions of the BRT Project on the
Property. The City agrees to include this lighting in the federally funded portion of the
BRT Project. The power for the lighting will be connected to the University's
underground electric system. CSURF agrees to reimburse the City for any additional
cost associated with such walkway lighting not covered by the federally funded portion.
3.5 Monumentation. CSURF, in cooperation with Colorado State University, may install
entry monument features in association with the BRT Project. CSURF will be solely
responsible for costs and implementation should it choose to install monuments. The
City agrees to grant access, permits, or other rights that may be necessary to install the
monuments within the City's right-of-way, if necessary.
3.6 Air Quality and Noise Mitigation. Based on current information, the parties believe
that neither air quality nor noise impacts will result from the operation of the BRT Project.
However, the City shall, to the best of its ability and capability and to the extent
reasonably feasible, mitigate such negative air quality or noise impacts in the event any
such impacts are identified.
4
3.7 Landscape/Irrigation Installation. The City is responsible for the cost and installation
of all landscaping and irrigation associated with the BRT Project and the repair of any
landscape and irrigation impacted by the BRT Project on the Property.
3.7.1 All landscape and irrigation improvements or repairs on the Property will
conform to City Standards.
3.7.2 Any trees removed as part of the project shall be replaced on the
Property based on a formula mutually acceptable to the City Forester and the
Colorado State University Landscape Architect, acting on CSURF's behalf.
Trees damaged during construction, but not planned for removal, will also be
replaced using the same formula. The City Forester and Colorado State
University Landscape Architect will jointly evaluate trees and agree upon which
ones should be relocated or replaced.
3.8 Storm Water Drainage. The City shall design and construct the BRT Project
consistent with Colorado State University's adopted Master Drainage Plan, and the City
of Fort Collins Storm Water Master Plan, as revised by the requirements of the BRT
Project, if needed.
3.8.1 The City is responsible for all costs associated with the mitigation of
storm water arising from or relating to the BRT Project.
3.8.2 The City agrees to implement the storm water system and outfall
recommendations identified in the Ayres and Associates report dated January
2010 ("Ayres Report'). This recommendation requires all storm water runoff
created by the BRT project be collected and conveyed to the storm water pond
located north of Spring Creek and west of the Burlington Northern and Santa Fe
Railroad track where there is existing capacity. The City shall be solely
responsible for the design and construction of the storm water collection and
conveyance system to accommodate storm runoff from the BRT Project.
3.8.3 Any storm water facilities the City constructs on CSURF property will be
for the sole use of the City's BRT project, CSURF, and Colorado State
University. No other party may modify, expand, or otherwise use the storm
water facilities on CSURF property to transmit or store storm water runoff to
benefit existing or future development without the express written consent of
CSURF, which may be granted at CSURF's sole discretion.
3.8.4 The City agrees to "upsize" the storm water collection and conveyance
system to accommodate storm water run off from the CSU Campus and future
CSURF development needs as outlined in the Ayres Report. The additional
cost of "upsizing" the storm drainage system, including any costs associated
with the installation of taps, pipes under the railroad and connections to existing
and new University owned lateral pipes that may be installed as part of the BRT
Project construction, will be paid by the University under a separate agreement
and CSURF will not be responsible for any costs associated with the "upsized"
storm water collection and conveyance system.
5
3.8.5 The City agrees to allow CSURF a future connection to the storm water
collection and conveyance system, at CSURF's sole cost, to
accommodate CSURF's future redevelopment. The City further agrees to
include CSURF's future storm water needs, as outlined in the Ayres
Report, as part of the capacity taken in the detention pond located north
of Spring Creek and west of the Burlington Northern and Santa Fe
railroad track. The City will not allow any other developer to utilize
CSURF's designated capacity in the detention pond regardless of
whether or not CSURF has completed their redevelopment.
3.9 Signalization and Signage. The City shall be responsible for installation and costs
associated with proper signage and signalization of all multi-modal crossings.
3.9.1 Signalization and other railroad crossings/markings must be approved by
the BNSF and Public Utilities Commission, if required.
3.9.2 Station and location signage on the Property shall include both Colorado
State University Research Foundation and Colorado State University
identification and recognition. All University oriented signage and use of
logos must be approved by the University Creative Services unit.
3.10 Damage to Property. The City shall promptly repair and restore the CSURF
property that may be damaged as a result of BRT project, including but not limited to
structures, grounds, removal of debris, and broken utility lines.
3.11 Construction Process. The City shall use a standard design, bid, build process for
the BRT Project in accordance with applicable requirements.
3.11.1 In the event unexpected conditions are encountered during construction
which requires a change to the BRT Project on the Property, the City
shall obtain written approval from CSURF prior to implementation as
defined below:
(a) any modification to the location of planned improvements on the
Property, regardless of construction value;
(b) any modification of materials specified by the University for University
required enhancements, regardless of construction value;
(c ) any other change to that portion of the BRT Project on the Property
with a net change greater than $8,000 in construction cost.
3.11.2 The Parties understand that the process to approve changes must allow
for efficient change order approval during construction and accordingly,
each Party designates the following primary project contacts for
facilitation of approval for project changes:
CSURF Primary Contact: City Primary Contact:
Nancy Hurt Helen Migchelbrink
CSU/CSURF Real Estate Office City Engineer or
6
601 S Howes St, Suite 200 duly authorized
PO Box 483 representative
Fort Collins, CO 80522 City of Fort Collins
970-472-0491 P.O. Box 580
Fort Collins, CO 80521
970-221-6340
3.11.3 The representatives shall be responsible for coordinating and securing
prompt approval of project changes with appropriate departments or
personnel within their respective organizations. Such approval shall
occur within three (3) business days. The representatives will designate
alternative contacts in case of prolonged absence. Official approval of
changes shall be in writing from the designated representative.
3.11.4 BRT Project construction on the Property shall minimize the disruption to
CSURF operations.
a. Construction during winter and summer breaks is encouraged but not
required.
b. Access to parking areas must be maintained at all times. CSURF will
work with the City to designate temporary access points as reasonable
and necessary.
3.12 Use. Within the limits of the Property, the BRT System shall at all times be used
solely for the purposes described above, and for no other purposes. There shall be no .
vehicle maintenance facilities within the limits of the Property, nor shall maintenance
and repair activities be permitted within the limits of the Property except as reasonably
necessary to effect the removal of an inoperable or unsafe vehicle or except as
reasonably necessary for an immediate repair for emergency considerations.
4. Furnishings and Equipment The City shall provide all furnishings, fixtures, and
equipment necessary for operations of the BRT System. All such furnishings, fixtures and
equipment shall be deemed to be the property of the City upon cessation of the operation
of the BRT System. All costs for maintaining and repairing the furnishing and equipment
for the BRT Project shall be borne by the City. All furnishings and equipment located on
the Property shall conform to Colorado State University Standards.
5. Operation and Maintenance
5.1 Guideway Maintenance. The City shall be responsible for the repair and
maintenance of the portion of the BRT System guideway and associated
signage/signalization, located in the current Railroad Right-of-Way and on the
Property, including but not limited to, repair and replacement, ice control and
snow removal, and all electrical and mechanical systems associated with the
BRT System in accordance with the City's usual and customary standards of
maintenance so that the system properly functions at all times and remains in a
good and safe condition.
7
5.2 Bike/Pedestrian Walkway Maintenance. The City shall provide all repair and
maintenance for the bicycle/pedestrian walkway on the Property.
5.3 Walkway Lighting. CSURF will be responsible for all repair and maintenance of
the walkway lighting installed on the Property as part of the BRT Project.
5.4 Station/Stop Maintenance. The City shall provide all repair and maintenance for
the Stations and stops on the Property, including custodial, waste removal,
recycling, lighting, and interior landscaping services sufficient to keep the BRT
System in a clean, neat, and attractive condition in accordance with the City's
usual and customary standards of maintenance.
5.5 Exterior Landscape Areas. The City will be responsible for all maintenance and
upkeep of landscape and irrigation areas installed on the Property as part of the
BRT Project. Such maintenance and upkeep will be performed to City
standards.
5.6 Snow Piling. The City and CSURF agree to jointly develop plans for snow piling
in the event of large snow storms. The plans will be developed in advance of the
Universtiy Fall 2010 semester and updated periodically as changes dictate. The
City may not pile snow on CSURF property, such as parking lots or lawns,
without specific approval.
5.7 Security. The City shall provide general public safety protection for the BRT
System consistent with service levels provided elsewhere within the City and in
accordance with the requirements by Municipal, State and Federal statutes and
agencies having jurisdiction of the operation, maintenance, use and funding of
the BRT Project.
5.8 Access. It is understood that the BRT System shall be used for general
passengers and that, accordingly, it must remain available to the public. The
function and operation of the BRT System must continue unimpeded and under
no circumstance shall CSURF be entitled to interfere with such function and
operation.
5.8.1 Future Temporary Closures. The City and CSURF agree to work with
each other to provide closure of the guideway or associated
improvements in the event of non-emergency repair, maintenance, or
utility crossing.
a. The City agrees to detour the BRT buses in the event CSURF
needs to repair, replace, or extend utility services in or across the
BRT System. CSURF will follow standard City permitting
requirements for utility crossings of any future City owned right-of-
way for the BRT System and the City agrees to not unreasonably
delay or deny CSURF crossing. The City shall not charge CSURF
for any closures, reroutes, or permits associated with such repair,
replacement and utility extensions.
b. CSURF agrees to cooperate with and provide the City with
necessary support and reasonable access and adjacent use of
property to affect any necessary repair or replacement of BRT
8
System improvements. CSURF shall not charge the City for any
closures, temporary land use, or permits associated with such
improvements.
5.9 Utilities. All utilities for the BRT System, including the Stations/stops will be
provided and maintained by the City.
5.10 Accordance with ADA and Other Laws. The City shall construct, operate, and
maintain the BRT System in full compliance with all federal and State of
Colorado laws, including but not limited to the federal "Americans with
Disabilities Act" and all federal and State of Colorado environmental laws and
regulations. The City shall be responsible for proper, timely (and, where
required, licensed) disposal, handling, monitoring and recording of any toxic
and/or hazardous waste generated by and/or from any of its uses hereunder of
the Property. The City acknowledges that the CSURF is not permitted to handle,
accept, store or dispose of such materials and shall not be required to do so.
The City shall maintain complete records concerning such toxic and/or
hazardous waste, which records shall be made available for reasonable review
and copying by CSURF upon written request.
5.11 General Operations. Unless expressly stated otherwise herein or in a separate
agreement between the parties, the City or the BRT Project shall be financially
responsible for the operation of the BRT System. The use by CSURF of any
public facilities and improvements constructed by the City for the BRT Project on
the Property shall be and shall remain free of any charges or monetary cost, with
the exception of use of the BRT system itself, which is subject to fare collection
from CSURF as well as all patrons unless otherwise permitted by the City.
6. Finance.
6.1 Capital Cost. The capital cost of the BRT Project will be paid by a combination
of funding sources. Eighty percent (80%) of the cost will be funded by a grant
from the Federal Transit Administration ("FTA'). The remaining twenty percent
(20%) matching funds will be paid by the Fort Collins Downtown Development
Authority, the City and the State. The value of the right-of-way and easements
required to accommodate the BRT Project, including the easements described in
Section 7, will be applied to the City's portion of the matching funds.
7. Grant of Easements
7.1 Grant of Easements. A portion of the property upon which the BRT Project will
be built is owned by CSURF, which property is generally shown on the Legal
Descriptions in Exhibit "A" attached. CSURF agrees to grant, via separate
legal instrument, to the City an Easement on such property for the construction of
the BRT Project, subject to CSURF's rights of termination of such Easements
contained within Paragraph 2.2 above, for which CSURF seeks no
compensation.
7.2 BNSF. The City agrees to pursue and obtain at its sole cost and expense direct
rights of use from the Burlington Northern Santa Fe Railroad ("BNSF"), under
9
whatever legal instrument necessary, for the remainder of the BNSF right-of-way
for the entire length of the BRT System within the limits of the Property.
8. Notice. Whenever a notice is either required or permitted to be given, it shall be given
in writing and delivered personally, or delivered by the U.S. Postal Service, certified mail,
return receipt requested, to the other party at the address indicated below or at such
other address as may be designated by either party:
If to the City: City of Fort Collins
City Manager
P.O. Box 580
Fort Collins, CO 80522
With a copy to: Transfort
General Manager
P.O. Box 580
Fort Collins, CO 80522
If to the CSURF: Colorado State University Research Foundation
Chief Financial Officer
PO Box 483
Fort Collins, CO 80522
With a copy to: David Wood, Esq.
303 W Prospect Rd
Fort Collins, CO 80526
9. Liability.
9.1 CSURF shall be responsible for any and all claims, damages, liability and court
awards incurred as a result of any action or omission of CSURF or its officers,
employees, and agents in connection with the performance of this Agreement.
9.2 The City shall be responsible for any and all claims, damages, liability and court
awards incurred as a result of any act or omission by the City, or its officers,
employees, and agents in connection with the performance of this Agreement.
9.3 Nothing in this Agreement shall be construed as a waiver of the notice
requirements, defenses, immunities, and limitations the City may have under the
Colorado Governmental Immunity Act (C.R.S. § 24-10-101 et seq.) or to any
other defenses, immunities, or limitations of liability available to the City by law.
9.4 To the extent authorized by law, and by Article V, Section 16 of the Fort Collins
City Charter, the City hereby agrees to indemnify, defend, and save CSURF
harmless from any and all liability, loss, damages, costs or expenses, including
attorney's fees on account of injuries to persons or property where the injuries
are caused by the negligence or willful misconduct of the City agent, employee,
or invitee of the City or by any person utilizing the BRT System, or where such
10
injury occurs as a result of the violation of the provisions of this Agreement by
any such person.
10. Insurance. The City shall secure and maintain all-peril property and casualty
insurance coverage protecting the BRT System and the City's personal property against
all risk of physical damage or loss for their full replacement cost. The City may provide
this insurance coverage through self-insurance. All insurance policies required pursuant
to this paragraph or paragraph 11, shall provide that the same may not be canceled or
altered except upon ten (10) days prior written notice to CSURF and shall permit the City
to waive its right of subrogation against CSURF.
11. DefaulURemedies.
11.1 Except as otherwise provided herein, in the event any party should fail or refuse
to perform according to the terms of this Agreement, such party may be declared
in default thereof.
11.2 In the event a party has been declared in default hereof, such defaulting party
shall be allowed a period of twenty (20) days, from receipt of notice of the default
from the non-defaulting party, within which to cure the default. In the event the
default remains uncorrected, the non-defaulting party may require specific
performance or avail itself of any other remedy at law or equity.
12. Damage and Destruction. The City is responsible for insuring the BRT System. Even
so, in the event the BRT System is rendered inoperable by fire, flood, or other casualty,
and such damage or destruction is not covered by insurance proceeds, the parties agree
that the City may seek additional funds as may be necessary to repair, restore, or
replace the BRT System. If the City is unable or unwilling to repair or replace the BRT
System under the terms of this provision, and if allowed by the terms of the grant, this
Agreement will immediately terminate and no financial obligation shall accrue from the
date of such fire, flood or casualty, except that the City shall be responsible for the costs
of demolition or removal of the BRT System on the Property and the restoration of the
Property compliant with CSURF standards.
13. Tabor. All financial obligations of the City arising under this Agreement that are payable
after the current fiscal year are contingent upon funds for that purpose being annually
appropriated, budgeted, or otherwise made available by the governing bodies of the
City.
14. Assignment. Neither party may assign any rights or delegate any duties under this
Agreement without the written consent of the other party, except that CSURF may
assign any right or delegate any duty under this agreement to Colorado State University
by sending a notice to City parties indicated in Section 8. above.
15. Entire Agreement. This Agreement, which includes the exhibits hereto, constitutes the
entire agreement between the parties, their officers, employees, agents, and assigns
and shall inure to the benefit of their respective survivors, heirs, successors and assigns.
Covenants or representations not contained in this Agreement shall not be binding on
the parties.
11
16. Jurisdiction/Severability. This Agreement shall be governed in all respects by the
laws of the State of Colorado. In the event any provision of this Agreement shall be
held invalid or unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision of this Agreement.
17. Attorney's Fees. In the event that any party shall default under any of the provisions of
this Agreement and the non-defaulting party shall commence litigation to enforce this
Agreement, each party shall be responsible for its own attorney's fees.
[Remainder of page left intentionally blank]
12
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and
year first above written.
For the City: For the CSURF::
The City of Fort Collins, Colorado State University Research Foundation,
A Colorado Municipal Corporation A Colorado Not-for- Profit Corporation
By: By:
Douglas Hutchinson, Mayor Kathleen Henry, President
ATTEST ATTEST
City Clerk
APPROVED AS TO FORM:
Deputy City Attorney
13
EXHIBIT "A"
PROPERTY OWNERSHIP
(Exhibit "A" Property Ownership Map to be provided by CSURF)
EXHIBIT "B"
BRT EASEMENT DESCRIPTIONS
DESCRIPTION OF A TRANSPORTATION EASEMENT TO BE ACQUIRED FROM THE
COL•ORADO STATE UNIVERSITY RESEARCH FOUNDATION
A Transportation Easement located in the Southeast Quarter of
Section 14 Township 7 North Range 69 West of the Sixth Principal
Meridian, City of Fort Collins, Larimer County, Colorado, the said
easement is also located in Lots 14 and 15, Block 1 of the G. F.
Ward' s Addition to the City of Fort Collins, a plat of record with
the Clerk and Recorder of the said La-rimer County, being more
particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 14 as bearing North 89 degrees 21 minutes 45 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a
2 . 5" Aluminum Cap Monument at the south quarter corner of Section
14, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 30 . 00 feet to the
southwest corner of the said Lot 14 Block 1 of the G. F. Wiard' s
Addition_ to the City of Fort Collins, and to the TRUE POINT OF
BEGINNING of this description;
THENCE continuing along the said BNSF Railway right of way,
North 00 degrees 11 minutes 19 seconds East for a distance of
529. 01 feet to the northwest corner of the said Lot 15 Block 1 of
the G. F. Wiard' s Addition to the City of Fort Collins;
THENCE along the north line of the said Lot 15 Block 1, South
89 degrees 50 minutes 09 seconds East for a distance of 15. 00 feet;
THENCE leaving the said north line, South 00 degrees 11
minutes 19 seconds West for a distance of 0. 14 feet;
THENCE along a non-tangent curve to the right having a radius
of 50. 00 feet a central angle of 15 degrees 02 minutes 12 seconds
and an arc length of 13 . 12 feet, being subtended by a chord of
South 07 degrees 40 minutes 11 seconds West for a distance of 13. 08
feet;
THENCE along a curve to the left having a radius of 38 . 00 feet
a central angle of 14 degrees 59 minutes 59 seconds and an arc
length of 9. 95) feet, being subtended by a chord of South 07 degrees
41 minutes 18 seconds West for a distance of 9 . 92 feet;
THENCE non-tangent from the previous curve, South 00 degrees
' ll minutes 19 seconds West for a distance of 129. 02 feet;
THENCE along a curve to the left having a radius of 137 . 50
feet a central angle of 24 degrees 57 minutes 05 seconds and an arc
Page 1 of 2
length of 59. 88 feet, being subtended by a chord of South 12
degrees 17 minutes 13 seconds East for a distance of 59. 41 feet;
THENCE along a curve to the right having a radius of 162 . 50
feet a central angle of 24 degrees 57 minutes 05 seconds and an arc
length of 70 . 77 feet, being subtended by a chord of South 12
degrees 17 minutes 13 seconds East for a distance of 70 . 21 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 91. 32 feet;
THENCE along a curve to the right having a radius of 162'. 50
feet a central angle of 21 degrees 39 minutes 02 seconds and an arc
length of 61. 40 feet, being subtended by a chord of South 11
degrees 00 minutes 50 seconds West for a distance of 61 . 04 feet;
THENCE along a curve to the left having a radius of 100 . 00
feet a central angle of 21 degrees 39 minutes 02 seconds and an arc
length of 37 . 79 feet, being subtended by a chord of South 11
degrees 00 minutes 50 seconds West for a distance of 37 . 56 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 62 . 49 feet to the south line of the said Lot 14 ;
THENCE along the said south line, North 89 degrees 21 minutes
45 seconds West for a distance of 21. 48 feet to the point of
beginning. Containing 13, 246 square feet more or less.
The above described easement is subject to all easements and rights
of ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S. 17497
P.O. BOX 580 FORT COLLINS, CO 80522 ooz,001iP E•CRAIG �O�s''ro
�Q�'\,.•PEaIS7p�•'�G� 4
: • lC�o%
/ .
1 4g
N C�J
' 4•sNos •oQ•��.
Page 2 of 2
DESCRIPTION OF TWO TEMPORARY CONSTRUCTION EASEMENTS TO BE
ACQUIRED FROM THE COLORADO STATE UNIVERSITY RESEARCH FOUNDATION
Two Temporary Construction Easements located in the Southeast
Quarter of Section 14 Township 7 North Range 69 West of the Sixth
Principal Meridian, City of Fort Collins, Larimer County, Colorado,
the said easements are also located in Lots 14 and 15 Block 1 of
the G. F. Wiard' s Addition to the City of Fort Collins, a plat of
record with the Clerk and Recorder of the said Larimer County,
being more particularly described as follows;
Considering the south line of the southeast quarter of the said
Section 14 as bearing North 89 degrees 21 minutes 45 seconds West
between a 3" Aluminum Cap Monument at the southeast corner and a
2 . 5" Aluminum Cap Monument at the south quarter corner of Section
14, based upon G. P. S. observations and the City of Fort Collins
coordinate system, and with all bearings contained herein relative
thereto;
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 30. 00 feet to the southwest corner of the said Lot 14
Block 1; "
THENCE along the south line of the said Lot 14 Block 1, South
89 degrees 21 minutes 45 seconds East for a distance of 21 . 48 feet
to the TRUE POINT OF BEGINNING of this description;
THENCE leaving the said south line, North 00 degrees 11
minutes 19 seconds East for a distance of 62 . 49 feet;
THENCE along a curve to the right having a radius of 100 . 00
feet a central angle of 21 degrees 39 minutes 02 seconds and an arc
length of 37 .79 feet, being subtended by a chord of North 11
degrees 00 minutes 50 seconds East for a distance of 37 . 56 feet;
THENCE along a curve to the left having a radius of 162 . 50
feet a central angle of 21 degrees 39 minutes 02 seconds and an arc
length of 61. 40 feet, being subtended by a chord of North 11
degrees 00 minutes 50 seconds East for a distance of 61. 04 feet;
THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 91. 32 feet;
THENCE along a curve to the left having a radius of 162 . 50
; feet a central angle of 24 degrees 57 minutes 05 seconds and an arc
length of 70. 77 feet, being subtended by a chord of North 12
degrees 17 minutes 13 seconds West for a distance of 70 . 21 feet;
THENCE along a curve to the right having a radius of 137 . 50
Page 1 of 3
feet a central angle of 24 degrees 57 minutes 05 seconds and an arc
length of 59 . 88 feet, being subtended by a chord of North 12
degrees 17 minutes 13 seconds West for a distance of 59 . 41 feet;
THENCE North 00 degrees 11 minutes 19 seconds East for a
distance of 84 . 38 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 14 . 00 feet;
THENCE South CO degrees 11 minutes 19 seconds West for a
distance of 20. 85 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 4 . 00 feet;
THENCE South 00 degrees 11 minutes 19 seconds West for a
distance of 50 . 64 feet;
THENCE South 89 degrees 48 minutes 41 seconds East for a
distance of 17 . 93 feet to the east line of the said Lot 15 Block 1;
THENCE along the said east line, South 00 degrees 12 minutes
41 seconds West for a distance of 291 . 06 feet to the north line of
the said Lot 14 Block 1;
THENCE along the said north line, South 89 degrees 27 minutes
02 seconds East for a distance of 50 . 00 feet to the east line of
the said Lot 14 Block 1;
THENCE along the said east line, South 00 degrees 12 minutes
59 seconds West for a distance of 99. 33 feet to the said south line
of Lot 14 Block 1;
THENCE along the said south line, North 89 degrees 21 minutes
. 45 seconds West for a distance of 76.29 feet to the point of
beginning. Containing 13, 296 square feet more or less.
TOGETHER WITH:
With the above described basis of bearings;
Commencing at the southeast corner of the said Section 14;
THENCE along the south line of the southeast quarter of the
said Section 14, North 89 degrees 21 minutes 45 seconds West for a
distance of 522 . 91 feet to the east right of way of the BNSF
Railway;
THENCE along the said east right of way, North 00 degrees 11
minutes 19 seconds East for a distance of 559. 01 feet to the
northwest corner of the said Lot 15 Block 1;
THENCE along the north line of the said Lot 15 Block 1, South
89 degrees 50 minutes 09 seconds East for a distance of 15. 00 feet
to the TRUE POINT Or BEGINNING of this description;
THENCE continuing along the said north line, South 89 degrees
50 minutes 09 seconds East for a distance of 15 . 00 feet;
THENCE leaving the said north line, South 00 degrees 11
; minutes 19 seconds West for a distance of 26. 80 feet;
THENCE North 89 degrees 48 minutes 41 seconds West for a
Page 2 of 3
distance of 18 . 00 feet;
THENCE North 00 degrees 11 minutes 19 seconds. East for a
distance of 3 . 84 feet;
THENCE along a non-tangent curve to the right having a radius
of 38 . 00 feet a central angle of 14 'degrees 59 minutes 59 seconds
and an arc length of 9. 95 feet, being subtended by a chord of North
07 degrees 41 minutes 18 seconds East for a distance of 9 . 92 feet; .
THENCE along a curve to the left having a radius of 50 . 00 feet
a central angle of 15 degrees 02 minutes 12 seconds and an arc
length of 13 . 12 feet, being subtended by a chord of North 07
degrees 40 minutes 11 seconds East for a distance of 13 . 08 feet;
THENCE non-tangent from the previous curve, North 00 degrees
11 minutes 19 seconds East for a distance of 0 . 14 feet to the point
of beginning. Containing 446 square feet more or less .
The above described easements contain a total area of 13, 742 square
feet more of less and are subject to all easements and rights of
ways now existing or of record.
I hereby state that the above description was prepared by me and is
true and correct to the best of my professional knowledge, belief
and opinion. The description is based upon previously recorded
plats and deeds and not upon a actual field survey.
WALLACE C. MUSCOTT COLORADO P.L. S . 17497 egpUl�7ifdar. �r o
P.O. BOX 580 FORT COLLINS, CO 80522 ` ��ECRA/G``��� s�,,�"'
R G ST
SURVO
CO
Page 3 of 3
LOCATION SKETCH
COLORADO STATE UNIVERSITY RESEARCH FOUNDATION
17ag72WtP ZTW72 LAKE STREET
110.4 Llt/H£ST CLb6YER 1 M
J
MTEN
_
EX/ST7NC BU/LO/NGS
100' RAJ LWAY ROW N
a
"' FEBRUARY 2, 2010
w NTS
ao5 jv-t
PROPOSED 10
TRANSPORTATION GG,
ESM'T. J
13, 246 SO. FT.
N :
!i
PROPOSED
TEMP. CONST.
ESM'T.
13,296 SQ. FT.
uT
= Y.::(( ilr .
Z07 14EST CORNER J:::::.I.,.;;;;.;_r;,,;;;;;;;;;;;;;;;,; EX/S7lNC BU/(D.'NC
LOT 74
097 ES/77
....................
...................................
L7
m '*� POB TEND ESA/T >
S 1NER N 89'21'45" W 522.91' '
SE CORNER
14-7-69 PROSPECT ROAD 14-7-69
Curve Radius I Length Delta Course Bearing Distance
C1 50.00' 13.12' 15'O2'12 L1 N 00'11'19" E 529.01'
C2 38.00' 9.95' 14'59 59 L2 S 89'50'09 E 15.00'
C3 137.50' 59.88' 24'5705 L3 S 00*11'19" W 0.14'
C4 162.5(Y 70.77' 24'57'05 L4 S 00'11'19' W 129.02'
C5 162.50' 61.4(Y 21'39'02 L5 S 00'11'19" W 91.32'
C6 100.00 37.79 21'39 02' L6 S 00*11,19 W 62.49'
L7 N 89'21'45" W 21.48'
LB N 00'11'19" E 30.00'
THIS SKETCH AND THE AREAS
SHOWN DEPICT THE ATTACHED
PROPERTY DESCRIPTION ONLY,
AND 00 NOT REPRESENT A
MONUMENTED BOUNDARY SURVEY.
K\SURV\PROJ\TRANSERV\BRT\CSUROW