Loading...
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