HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 01/03/2017 - RESOLUTION 2017-002 AUTHORIZING THE CITY MANAGER TAgenda Item 8
Item # 8 Page 1
AGENDA ITEM SUMMARY January 3, 2017
City Council
STAFF
Rick Bachand, Environmental Program Manager
SUBJECT
Resolution 2017-002 Authorizing the City Manager to Execute an Intergovernmental Agreement with the State
Board of the Great Outdoors Colorado Trust Fund Regarding Poudre River and Floodplain Habitat Restoration
at Kingfisher Point Natural Area.
EXECUTIVE SUMMARY
The purpose of this item is to approve a contractual agreement with Great Outdoors Colorado (GOCO) to
receive a $100,000 grant in support of the Natural Areas Department’s (NAD) Poudre River and floodplain
habitat restoration at Kingfisher Point Natural Area scheduled for construction in 2017. The award was made
by the GOCO Board of Directors on December 8, 2016. A draft agreement and Resolution is due to GOCO on
January 9, 2017 with a final formalized agreement by February 6, 2017. Under the terms of the grant all work
must be completed by December 2018. NAD is confident it can meet that deadline.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
As a part of its 2015 Natural Areas Restoration Master Plan, the Natural Areas Department (NAD) is planning
to restore river and floodplain habitat along a one-mile stretch of the Poudre River through Kingfisher Point
Natural Area (between Lemay Avenue and Timberline Road). The project is intended to provide restored in-
river aquatic habitat, naturalized riverbanks, expanded floodplain cottonwood forests, improved floodwater
retention, and create high-quality wetlands. Along with the investment generated from the City’s Open Space
Yes tax and the County’s Help Preserve Open Space tax, GOCO’s matching grant award will support the
procurement of materials and restoration services to bring the project to fruition. The Poudre River and
Floodplain Habitat Restoration at Kingfisher Point project is designed to leave a conservation and restoration
legacy for generations of Fort Collins and Northern Colorado citizens to experience and enjoy.
CITY FINANCIAL IMPACTS
This grant represents $100,000 of matching 1:1 support for planned ecological restoration work. NAD is
providing matching funds consistent with the department's approved 2017 budget appropriation.
BOARD / COMMISSION RECOMMENDATION
As GOCO is requesting a complete draft grant agreement and City Resolution by January 9, 2017, it is
imperative to work with this deadline in good faith. Staff anticipates the Land Conservation and Stewardship
Board will fully support entering into the agreement with GOCO, when the Board reviews the matter at a
regular meeting in spring 2017 before the work begins.
Agenda Item 8
Item # 8 Page 2
PUBLIC OUTREACH
Public outreach is not a requirement for the grant. However, staff plans to bring the project design and plans
for public comment and review by the Land Conservation and Stewardship Board in the spring of 2017.
ATTACHMENTS
1. City of Fort Collins Habitat Restoration Narrative, September 23 (PDF)
2. GOCO 2016 award to Fort Collins (PDF)
3. Kingfisher Point Location and Concept Design (PDF)
Application Checklist
Submit the following two documents through GOCO’s online grant portal by the deadline shown on the
cover to complete your application. Each document must not exceed 25MB.
Document 1: Full Application
Please submit a single PDF or DOC file of the following information for your project in the same order
as listed below:
(1 ܈Summary Form (page 4 of this document)
(2 ܈Proposal Narrative Please include the HEADINGS with your answers; limited to six pages.
(3 ܈Budget Narrative Please refer to the Instructions for guidance on preparing your budget
narrative.
(4 ܈Workplan/Timeline (page 7 of this document)
(5 ܈Maps
(6 ܈Photographs (Please limit to three pages.)
(7 ܈Landowner authorization letter(s) for each property covered in this application.
(8 ܈Other letters of support (please limit to three). Please do not seek a letter of support from
Colorado Parks and Wildlife (“CPW”). GOCO will directly contact CPW Regional Managers
about projects in their region and get feedback from CPW staff about the wildlife benefits of the
restoration project.
Document 2: Budget
Please submit an Excel file of the Budget Form, available here.
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APPLICANT INFORMATION
Organization Name: City of Fort Collins Natural Areas Department
Address: 1745 Hoffman Mill Road
Contact Name: Rick Bachand Title: Environmental Program Manager
Telephone: 970-416-2183 Email: rbachand@fcgov.com Are you the primary contact for this grant?
܈YES ܆NO
PARTNER INFORMATION (IF APPLICABLE)
Organization Name: N/A
Address:
Contact Name: Title:
Telephone: Email: Are you the primary contact for this grant?
܆YES ܆NO
PROJECT INFORMATION
Project Title:
Poudre River and Floodplain Habitat Restoration at Kingfisher Point
Grant Request: $100,000 Total Project Cost: $1.3 million
County or Counties: Larimer County Name(s) of Property(ies): Kingfisher Point Natural Area
Property Type:
Publicly Owned Open Space/Park ܈Privately Protected Conservation Easement ܆Other (explain below) ܆
Brief Project Description (300 words or less, in space provided):
The Cache la Poudre River, which runs through Fort Collins, is the iconic centerpiece of the community’s identity.
Community members have consistently supported efforts for the preservation and ecological restoration of this community
asset. A plethora of citywide plans and public policies recognize the importance of the river as a water supply, wildlife
corridor, and recreational amenity. Like most rivers along the Front Range, water diversion and past land uses have
altered the river system, its floodplain habitat, and value to native wildlife. For these reasons, channel improvements and
habitat restoration is warranted.
As a part of its 2015 Natural Areas Restoration Master Plan, the City of Fort Collins Natural Areas Department (NAD) is
planning to restore river and floodplain habitat along a full one-mile stretch of the Poudre River through Kingfisher Point
Natural Area. The project entails: restore in-river aquatic habitat, naturalize riverbanks, expand floodplain cottonwood
forests, improve floodwater retention, and create high-quality wetlands. Along with the investment of resident tax dollars
in this habitat restoration project, NAD seeks GOCO’s partnership to support a variety of goods and services to bring this
restoration vision to fruition. The Poudre River and Floodplain Habitat Restoration at Kingfisher Point project is designed
to leave a conservation and restoration legacy for many generations in Fort Collins and Northern Colorado to experience
and enjoy.
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I certify that I am authorized to sign on behalf of the applicant and that, if awarded a habitat restoration grant for this project,
the applicant will comply with GOCO’s requirements for habitat restoration grant administration, including matching and
general reporting requirements.
John Stokes, Natural Areas Director, City of Fort Collins
Date: 9/22/2016
An authorized person must sign here, such as the applicant’s executive director,
county commission chairperson, or city council chairperson.
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1. Project Values and Benefits
Ecological and Habitat Restoration along Fort Collins’ iconic Cache la Poudre River (“Poudre River”) is
critical to realizing the community’s vision of a “sustainable, resilient, and functioning river ecosystem”.
There is wide recognition within the Fort Collins’ community that the river’s cottonwood forests,
wetlands, and aquatic habitats are significantly impaired and warrant a comprehensive and far-reaching
restoration effort.
The City of Fort Collins Natural Areas Department (“City”) is in the planning stages of this important,
one-mile river and floodplain habitat restoration at the city’s 154 acre Kingfisher Point Natural Area. The
restoration project encompasses one river mile through Kingfisher Point Natural Area that lies between
Lemay Avenue to the west and Timberline Road to the east. A small part of the river and riverbank area
is protected through a conservation easement held by Colorado Open Lands on behalf of GOCO. We
have attached a map showing the overlay of the conservation easement on the affected restoration area as
well as a letter from Colorado Open Lands supporting the proposed actions.
In the spring of 2015, the City and its consultants developed a conceptual plan for the Kingfisher Habitat
Restoration project. Implementation of the concept design will yield the following habitat benefits:
1. Modification of the Timnath Inlet water diversion structure to facilitate the movement of fish and
other aquatic organisms in the Poudre River;
2. Stabilization and naturalization of a highly erosive bank that continues to be a safety issue along
the Poudre River Bike Trail;
3. Creation of five new acres of emergent wetland (willows, sedges and bulrushes) and willow shrub
habitat targeted to marsh-wading birds and migratory songbirds;
4. Conversion of approximately 0.5 river miles of steep, armored riverbank to naturally sloped,
vegetated riverbank. This restoration element will improve the river’s ability to flood and sustain
adjacent cottonwood forests every one to two years;
5. Improved diversity of in-channel aquatic habitat that will support both native and recreational
fish, aquatic invertebrates, and river mammals such as mink and river otter. A number of native
fish including Longnose dace, Johnny Darter, Fathead minnow, brassy minnow and Green
Sunfish would benefit from the project. Similarly, sport fish such as Brown and Rainbow Trout
will benefit from the fish passage and habitat improvements providing an improved fishing
experience through Downtown Fort Collins!
The City has successfully implemented large-scale river restoration projects in 2013 and 2014. Natural
Areas expects additional flood mitigation, improved river access for fishing, tubing and kayaking, as well
as an improved visitor experience by recreating a more natural and aesthetic river landscape. In fact,
Average Daily Traffic Volume from 2012 through August 2016 for the Kingfisher stretch of the Poudre
trail averaged from a low of 2,389 people to a high of 3,321 people. Natural Areas plans for a
significant level of community exposure to the project through community informational outreach as well
as volunteer opportunities for project participation (further detailed in Section 6). Thus, this two-year
project will not only enhance our community’s conservation objectives, but also support a high level of
community engagement and educational opportunities concerning our local habitat.
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2. Need for Project
The legacy of 20th century gravel mining, flood control and water development have acted to degrade the
Poudre River’s channel, floodplain, and adjacent wetlands. Consequently, river restoration of the Poudre
River corridor is identified as a priority in a number of City master planning efforts. The 2011 Fort
Collins City Plan (Fort Collins’ Citywide Master Plan) specifically directs the community to create a
“Sustainable, resilient and functioning river ecosystem” within the 10-year life cycle of the plan.
Likewise, the Cache la Poudre Natural Areas Management Plan (2011), and Natural Areas’ Restoration
Master Plan (2015) both place habitat restoration as a top priority. Significantly, the 2015 Restoration
Master Plan places the Kingfisher Point River Restoration as the #1 restoration priority in the
department’s 35,000-acre portfolio. Long-term stressors due to proposed water storage projects along the
river and the impacts of climate change warrant immediate measures to ensure the river can continue to
provide river and floodplain habitat to Colorado’s native wildlife.
Finally, a number of proposed water storage projects in northern Colorado could deteriorate the river’s
current annual base and peak flows. Base flows serve to ensure fish and other aquatic wildlife can
survive year-round; while peak river flows (flooding) act to rework the channel, deposit nutrient-rich soil,
and provide overbank-flows that support the river’s cottonwood forests. In the river’s current condition,
modified river flows due to water storage projects jeopardize the very survival of the river’s aquatic
wildlife and cottonwood forests. The Poudre River and Floodplain Habitat Restoration at Kingfisher
Point employs a design process that anticipates future conditions and constructs the restoration in a way
that functions for both present and future conditions.
3. Planning and Readiness
The completed 2015 Conceptual design for the Kingfisher Point River Habitat Restoration Project set
forth the broad objectives for the river and floodplain habitat restoration based on a feasibility analysis of
opportunities, needs, and constraints. The concept plan outlined the required permits and approvals
necessary prior to construction of the project. Our current permitting and design contract was initiated in
August 2016 and is scheduled for completion in June of 2017. As part of this contract the City and our
consultants are in the process of working on :
Public & Agency Outreach:
9 Informing adjacent landowners about the City’s intent
9 Hosting a public open house (March 2017)
9 Attempting to reach a landowner who owns an inholding within the river channel
9 Acquiring permission from Colorado Open Lands who holds a conservation easement on behalf
of GOCO to construct the habitat restoration (permitted under the terms of the easement)
9 Coordination with the City’s Stormwater Utility to ensure the project is consistent with the City’s
Stormwater Guidelines.
Restoration plan design:
9 Conducting a cultural resources survey
9 Gathering land survey data to build a contour design
9 Preparing a wetlands “404 permit” for the Army Corps of Engineers
9 Preparing a Conditional Letter of Map Revision (CLOMR) for submittal to FEMA that ensures the
project does not create a “rise” in the regulatory floodplain.
All permits and approvals will be “in-hand” prior to constructing the project. In the 2013 and 2014
projects at McMurry, Sterling and Homestead Natural Areas, all FEMA, US Fish and Wildlife, Army
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Corps of Engineers, and City Floodplain permits were in hand prior to the first phase of construction. All
were approved upon first submittal. We anticipate a similar experience with a completion date of June
30, 2017 and construction initiated in the fall of 2017. Given our thorough planning, permitting, and
construction processes, we are confident the project will be completed by the project deadline in late
2018.
4. Funding Need and Match
To date, the City has invested $34,000 into a conceptual plan (2015) and $180,000 into final design and
permitting for a total of $214,000. The final design will be completed in June 2017 and will outline a
final schedule and budget. In short, we expect to begin earthwork, bank stabilization, tree planting, and
seeding in the fall of 2017. Summer 2018 work will include modification of the fish passage, shrub
planting, and initial irrigation. Final reports and assessment will be made in the fall of 2018. On-going
stewardship (irrigation, weeding, etc.) will go through 2020. In this same period, initial monitoring will
determine if objectives have been met, and adaptive management strategies will be implemented as
necessary.
We estimate a total project cost of $1.28 million, excluding the aforementioned design costs. For the
purpose of this grant application, our proposed budget is based on estimated total project costs from three
prior projects. We expect the final design will identify actual costs early next spring.
We are requesting GOCO funds to assist us in defraying costs for a variety of goods and services
necessary to achieve the vision of the Kingfisher Point project. Specifically, we are requesting funds that
would support construction management and oversight, sharing in the grading costs, modification of the
Timnath Inlet, and purchase of wetland mats, which transform disturbed sites to functional wetlands.
While the City has a dedicated sales tax to support Natural Areas projects, the expectation is that we seek
external partners and funding to supplement sales tax funds to support the broad array of Natural Areas
projects. The Kingfisher Point Habitat Restoration project was determined to be the #1 priority
restoration project for the department in a 2015 Restoration Master Plan for natural areas, thus, a
significant amount of funding is dedicated to support the project’s implementation. However, the City
has invested the maximum amount it can obligate to the project, therefore obtaining GOCO funding is
essential to ensure the entirety of the project may be completed.
Without GOCO funds, Natural Areas will need to delay the improvements to the diversion structure that
will impact aquatic connectivity in this reach. A recent study by the City, called the Poudre River Health
Assessment Framework, has identified aquatic connectivity as a major impediment to overall river health.
Currently the Poudre has an impediment to aquatic movement about every 1.8 miles. Modification of the
Timnath Inlet will result in approximately 4.3 miles of continuous aquatic connectivity and a measureable
improvement in overall river health. The Natural Areas Department is in communication with the New
Cache La Poudre Irrigating Company (owners of the diversion structure) regarding the design of the
improvements needed to allow for fish and aquatic connectivity. While they have expressed conceptual
support for retrofitting the structure to improve connectivity, the final design has yet to be determined.
Current estimates based on improvement options range from $200,000 to $400,000. Similarly, without
GOCO support, we would be forced to reduce the acreage of the floodplain restoration to less than what
was contemplated in the 2015 Concept Plan. As the City’s #1 habitat restoration project, we are excited
about a GOCO partnership to realize the project’s full ecological vision. In partnering with the City of
Fort Collins, GOCO will share in creating a more sustainable and resilient Poudre River, located in the
heart of our community for residents and visitors to learn from and enjoy for a significant number of
years.
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As an aside, like many capital projects, there are two components of the overall project that we are
excluding from this grant request:
1. We are anticipating that up to $100,000 of the City’s funds will be necessary to incorporate
visitor recreational amenities such as river access (fishing, tubing, nature play) and replacement
of 1/8 of a mile of the Poudre River Bike Trail (to accommodate the floodplain restoration).
Costs associated with recreational amenities will be 100% covered by the City.
2. Likewise, 3 acres of wetland creation within Gadwall Pond (former gravel pond) will be 100%
covered by the City. We anticipate costs associated with this part of the project will be
approximately $200,000.
In sum, the City of Fort Collins Natural Areas Department is requesting $100,000 of GOCO funds to
support the remaining $1.28 million estimated construction cost for the Poudre River and Floodplain
Habitat Restoration at Kingfisher Point Natural Area. GOCO funds will be used solely on habitat
restoration goods and services related to reconfiguration of the Timnath Inlet, in channel work, riverbank
lowering, and floodplain improvements. The City will be funding its costs with a cash match secured
through dedicated Sales Taxes funding for the City’s Natural Areas Program. A Fort Collins ¼ cent and
Larimer County ¼ cent sales tax are the sources of the cash match for this project. We are also looking to
partner with the Colorado Water Conservation Board who will issue a call for proposals for river
restoration work in November 2016. At the time of this (GOCO) grant application, City funding is
available for immediate use and can be carried over between budget years.
5. Evaluation
The Natural Areas Department’s Strategic Plan and 2015 Restoration Master Plan direct staff to calculate
the acreage of land brought into the five-year floodplain. This measure is an indicator that evaluates the
river’s ability to overbank into the floodplain in a 1 - 2 year spring runoff event under current conditions,
or in a 3 – 5 year spring runoff event should water storage projects be constructed and alter the river’s
hydrology. The department plans to change the vegetation cover from a non-native condition to a
condition characterized by greater than 75% native vegetation cover. We have found that a typical river
restoration project needs a minimum of three years to achieve this target.
Perhaps there is no greater measure of success than recognition from one’s peer community. In 2014, our
McMurry and Sterling Natural Area River and Floodplain Habitat Restoration Projects were awarded
Colorado Open Space Alliance’s Blue Grama award for Ecosystem Management. The award recognized
the significance of large-scale river and floodplain restoration efforts within the urban core of downtown
Fort Collins. This past summer (2016), the McMurry and Sterling projects were featured in an
international case study of the International Union for the Conservation of Nature’s (IUCN) publication
on Nature Based Solutions. The publication may be found at https://portals.iucn.org/library/node/46191.
We seek to utilize similar evaluation measures from the McMurry and Sterling projects for the Kingfisher
project including:
x Miles of riverbank improved
x Miles of river reconnected by reconfiguration of the Tinmanth Inlet (4.3 river miles)
x Acreage of land brought into the five-year floodplain
x Percent ground coverage of native plants
Tracking of these key evaluation measures will inform the City’s future habitat restoration projects, as we
continue to build upon best practices established both internally at the City as well as externally by our
regional, state, and national colleagues.
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6. Community Engagement
Community engagement with Fort Collins’ citizens is the hallmark of any major Natural Areas endeavor.
The City’s river restoration projects are typically very visible and enjoy a high-level of citizen interest and
support. At a basic level, City staff will reach out to adjacent landowners, host website-based
information, and conduct a public open house to inform residents about the Kingfisher Restoration
project.
Beyond the traditional “inform and consult” (government/citizen) relationship, the Natural Areas
Department (NAD) has a demonstrated history of engaging its citizens in the construction and care of our
habitat restoration projects. The Natural Areas Department has enjoyed a volunteer program since 1994.
Since 2011, NAD has worked with the Fort Collins community to engage citizens in “service learning”
project including “hands-on” participation in habitat restoration projects. NAD has involved citizens
through major plantings and on-going stewardship activities. In 2014 and 2015, the NAD ran a service-
learning volunteer program for three major river restorations called “Restoration Corps”. These
volunteers received a beginning of the season all-day introductory training as to the objectives of the river
restoration projects, and the on-going site management of which they would be participating. “Corps”
members would then spend two mornings a week planting, weed pulling, watering, tree pruning, caging,
and other stewardship activities. Participants gained an appreciation of the project and developed a high-
level of personal investment. The Restoration Corps attracted 44 citizens in 2014 and 2015, and we
anticipate using similar outreach strategies to engage our citizens in the Kingfisher Restoration project.
Restoration Corps volunteers will support on-going, post-construction stewardship in 2019 and 2020.
Additionally, our river restoration projects have provided a valuable learning resource for the Fort Collins
community. Our river restoration project sites are the important locations for natural resource students
and classes from Colorado State University to experience the work of habitat restoration. Dozens of
classes have made field trips to our three previous restoration sites to observe habitat transformation in
progress, and two of the restoration sites have become the source of a PhD thesis. City staff has also
delivered a number of classroom lectures (primary, secondary, and university) in addition to speaking at
local professional forums, and civic groups concerning Natural Areas programming and habitat
restoration.
Finally, in 2015 we were please to produce a professional three-minute video entitled “Nature Flows
through Fort Collins”. The video highlights the vision of the City’s river and floodplain restoration work
and encourages citizens to watch the projects mature through the years. The Video may be found at:
https://www.youtube.com/watch?v=Z2uKS0S82q4&feature=youtu.be
7. Staffing
The City of Fort Collins Natural Areas Department has a full-time staff responsible for habitat restoration
planning, with disciplines in wildlife management, botany, weed management and other supporting
expertise. Since 2011, the City has collaborated with the Denver office of Biohabitats, a widely respected
national firm specializing in ecosystem restoration. Biohabitats was initially contract in 2009 to do a
river-wide assessment of restoration opportunities within natural areas along the Poudre River. It was that
study that identified the Kingfisher Point work has a high priority for the City. Our 2013 and 2014
projects at McMurry and North Shields Ponds (Sterling) natural areas codified a highly functional
partnership between City staff, Biohabitats and our Restoration Corps volunteers. Biohabitats did all
permitting and design for the project, and provided project management, construction oversight, and plant
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installation. We are planning to continue with this successful model for the Kingfisher Point project.
City Staff will participate in weekly field meetings, monitoring milestones and deadlines, providing
financial oversight, and all administrative reporting per requirements of the GOCO grant.
The City will continue to use a number of formally selected consultants to assist with project design,
permitting, construction management, earthwork, and planting. And we will continue to harness the
collaborative synergy of City Staff, Biohabitats, and the Restoration Corps volunteer team which has
successfully implemented our previous three river restorations.
Project Timeline
Timing/Deadline Project Task Notes
September 23, 2016 Submit final grant proposal to GOCO
December 8, 2016 GOCO grant determination Depending on outcome of
award, City may need to
re-evaluate scope of the
project.
January 2017 Preliminary design review with
consultant
Likely the first of several
interim reviews
January 2017 “Contract grow” procurement for
plant materials (for spring planting ).
April 2017 CLOMR submittal to FEMA
May 2017 FEMA and City Floodplain approvals
June 30, 2017 Final design/budget submitted to City
Sept – Nov 2017 All river earthwork, seeding, bank
stabilization, , and tree planting
completed
Weather dependent
April 2018 Construct 3 acres of wetland in
Gadwall Pond
Weather dependent
May 2018 Installation of wetland, willow, and
shrub plant material along river and in
Gadwall Pond wetland
Weather and river flow
(runoff) dependent
Summer 2018 Initial stewardship efforts by staff and
volunteers. Activities include
watering, weed control, additional
planting, etc..
October 2018 Final report submitted to GOCO
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Budget Narrative
To date the City has committed $214,000 to planning, permitting, and design of the Poudre River and
Floodplain Habitat Restoration at Kingfisher Point project. This total represents a $34,000 cost for
conceptual planning in 2014, and an $180,000 contractual commitment made in August 2016 for final
design and permitting. As stated in Section 4 of this proposal, the City is committed to sponsoring the
relocation of the Poudre River Trail (necessary to accommodate the floodplain restoration), and the
creation of three acres of emergent wetland in Gadwall Pond.
The remainder of this project work consists of the reconfiguration of the Timnath Inlet to provide for fish
passage (estimated at $200,000 to 400,000), and the river, riverbank, and floodplain restoration along the
Poudre River (estimated at $900,000).
A total of $100,000 GOCO funds is requested to support a variety of goods and services to both the work
at the Timnath Inlet and river and floodplain work as follows:
x $25,000 to support the grading and earthwork necessary as part of the bank removal and
floodplain reconstruction;
x $25,000 to modify the Timnath Inlet structure such that our fish ladder project will meet
seamlessly with the existing structure;
x $25,000 to support construction oversight for the floodplain restoration; and
x $25,000 to purchase wetland mats which are equivocal to grass sod. The mats are planted with
a variety of wetland rushes, sedges and grasses and may be rolled out to form “instant
emergent wetland”. We have found amazing success with this product as it prevents cattails
and other undesirables from invading open growing space, a persistent problem with wetland
plug approaches.
Tasks already paid by City (previously budgeted)
Conceptual Plan (2014) ($34,000 prepaid)
Final Design & Permitting (2016 & 17)
($180,000 prepaid)
Associated Tasks not part of GOCO grant request
Wetland Creation in Gadwall Pond (estimated) $200,000
Relocation of Poudre River Trail (estimated) $100,000
Subtotal $300,000
Tasks associated with this grant application
Estimated Cost to reconfigure Timnath Inlet $400,000
Estimated River & Floodplain Restoration $900,000
Subtotal $1,300,000
Finally, we are separately attaching a detailed budget spreadsheet that expressly details our estimated line
item costs for the project.
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FOR IMMEDIATE RELEASE – 12/8/2016
Contact: Rosemary Dempsey, 303-226-4530, rdempsey@goco.org or
Laura Cardon, 303-226-4531, lcardon@goco.org
Nine Larimer County projects receive more than $900,000 in GOCO funds
DENVER – The GOCO Board awarded nine grants totaling $952,534 to outdoor recreaon and
land conservaon projects in Larimer County on Thursday.
Colorado Open Lands (COL) received a $639,750 open space grant for Poudre Valley Community
Farms ; the City of Fort Collins received a $100,000 habitat restoraon grant for work at
Kingfisher Point; the City of Loveland received a $97,000 grant for the Namaqua Trail
Underpass; The Nature Conservancy (TNC) received a $75,584 habitat restoraon grant for Ben
Delatour Scout Ranch; COL also received habitat and Youth Corps funding for Swi Ponds;
Larimer County received a $40,200 Youth Corps grant for Hermit Park; and TNC also received a
Youth Corps grant for Phantom Canyon Preserve.
COL’s first grant was part of GOCO’s open space grant program , which funds public and private
land conservaon. Projects sustain local agriculture and economies, give outdoor recreaonists
a place to play (or simply enjoy the view), protect wildlife habitat, and safeguard the state’s
water supply.
GOCO funding will enable COL to conserve a 52-acre property between Fort Collins and the
Town of LaPorte to add to the popular local Nave Hill Farm, which supports a year-round
community-sustained agriculture (CSA) program, a farm stand, and several restaurants in Fort
Collins with local produce.
The Poudre Valley Community Farms Co-op will lease the land to Nave Hill for organic
vegetable producon, pioneering a new model for community investment in local food. COL
was successful in applying for the first-ever funding opportunity for communicaons and
storytelling, which was piloted in the open space program this fall.
In Fort Collins, the city will put a $100,000 habitat restoraon grant toward helping the Cache la
Poudre River at Kingfisher Point Natural Area. The river’s route has been arficially altered over
me, leading to degradaon of wildlife habitat and the floodplain. Fort Collins’ 2015 Natural
Areas Restoraon Master Plan idenfied this one-mile stretch of the Poudre as the number one
priority for restoraon work.
The city will restore the river channel, mimicking naturally formed riverbanks, expanding
coonwood forests to improve the floodplain, and creang high-quality habitat for wildlife.
Restoring the river to a more natural state will migate floods and improve river access for
outdoor recreaon.
In Fort Collins, the city will put a $100,000 habitat restoraon grant toward helping the Cache la
Poudre River at Kingfisher Point Natural Area. The river’s route has been arficially altered over
me, leading to degradaon of f wildlife habitat and the floodplain. Fort Collins’ 2015 Natural
Areas Restoraon Master Plan idenfied this one-mile stretch of the Poudre as the number one
priority for restoraon work.
ATTACHMENT 2
In Loveland, the city received funding from GOCO’s new Connect Iniave trail planning grant
program , which provides funding for trail projects for design, engineering, and master planning
work.
GOCO funding will enable Loveland to conduct an environmental analysis and prepare design
and construcon documents for a trail segment and underpass at Namaqua Avenue. The
segment will close one of three remaining gaps in the city’s 18-mile looped recreaon trail.
Once complete, it will provide 41,000 residents with safe access to work, parks, schools, and
neighborhoods.
In Red Feather Lakes, TNC will invest more than $75,000 in GOCO habitat restoraon funding . In
2016, GOCO doubled funding for the program, which funds invasive species management, water
supply protecon, fire fuels migaon, and other crical restoraon work.
TNC’s project is located on 35 acres of the Ben Delatour Scout Ranch and will complete the final
phase of fire migaon and forest restoraon on the property. The TNC fire module will manage
prescribed burns on the property to restore a healthy forest structure that is crical for wildlife
habitat. TNC is partnering with the Coalion for the Poudre River Watershed, Larimer County
Conservaon Corps (LCCC), and Wildlands Restoraon Volunteers.
In Fort Collins, COL received a $24,890 habitat restoraon grant and a $41,700 Youth Corps
grant to remove Russian olive trees and harmful weeds at Swi Ponds, the home of Colorado
Youth Outdoors . The two organizaons partnered with Weld County Youth Conservaon Corps
(WCYCC) and the Larimer County Weed District for work on more than 160 acres of the
property.
The project will eradicate the property’s only remaining stand of Russian olive, an invasive
species that can use up to 75 gallons of water daily; the project will also help ensure that the
trees don’t reseed elsewhere on the Cache la Poudre. Removing Russian olive and other
invasive plant species helps the nave plant populaon recover and improves habitat and water
access for wildlife.
In Estes Park, the Larimer County Department of Natural Resources will employ Larimer County
Conservaon Corps (LCCC) crews with $40,200 a Youth Corps grant. The project will help finish
one of the three remaining miles of a new mul-use trail at Hermit Park Open Space, connecng
Hermit’s Cabin Trailhead to exisng trails and campgrounds in the open space. These efforts will
connue work begun in 2016 and bring the park a step closer to the compleon of its full trail
system.
Another Youth Corps grant was awarded to TNC for the Phantom Canyon Preserve River Trail.
Located in the Laramie Foothills, Phantom Canyon Preserve is one of the last remaining roadless
canyons along Colorado’s Front Range. It is open to the public for volunteer and educaonal
opportunies, as well as for recreaonal hiking and fishing on a scheduled basis.
The trail alongside the river in the canyon boom is impermanent, and as a result, the river has
been negavely impacted and invasive species are making headway. LCCC will be employed with
the help of a $37,800 GOCO grant to help establish a sustainable trail. The trail will make
managing invasive species in the river boom easier and will allow TNC to invite more outside
use into the canyon boom.
GOCO awards Youth Corps funding through the Colorado Youth Corps Associaon (CYCA) , a
statewide coalion of nine accredited youth corps groups that engage and train youth, young
adults, and veterans (ages 16-25) to work on land, water, and energy conservaon projects.
Corps members earn a living spend for their full-me service and an AmeriCorps educaon
award to use toward college or trade school. The organizaon serves 1,700 young people
annually.
To date, GOCO has invested $53.7 million in Larimer County projects and has conserved nearly
61,000 acres of land in the county. GOCO funding has supported Horsetooth Reservoir and
Horsetooth Mountain Open Space, Lory and Boyd Lake state parks, and Big Thompson
Elementary School’s playground, among other projects. Fort Collins was also recently named a
GOCO Inspire community and is part of a $25 million iniave to get kids outside.
Great Outdoors Colorado (GOCO) invests a poron of Colorado Loery proceeds to help
preserve and enhance the state’s parks, trails, wildlife, rivers, and open spaces. GOCO’s
independent board awards compeve grants to local governments and land trusts, and makes
investments through Colorado Parks and Wildlife. Created when voters approved a
Constuonal Amendment in 1992, GOCO has since funded more than 4,800 projects in urban
and rural areas in all 64 counes without any tax dollar support. Visit GOCO.org for more
informaon.
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
GENERAL NOTES
1. Refer to the concept design memorandum for background information and additional
design considerations.
2. Locations of utilities are based on available GIS information and site plans; however,
exact locations and depths of utilities lines need to be confirmed during final design and
prior to construction.
3. Existing native vegetation and soils should be protected throughout the project area.
4. Portions of this concept involve properties outside of Natural Areas. Natural Areas
Department will need to obtain appropriate agreements with other property owners to be
able to carry out this plan.
5. Locations of trails are very approximate. Final determination will be made by Natural
Areas Department.
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Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
CONCEPT PLAN
Sheet Index
Final
04/22/2015
Sheet 1 Sheet 2 Sheet 3
Sheet 5
Sheet 6
Sheet 4
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Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, d the GIS User Community
boulder grade control,
if diversion relocated
potential floodplain widening
depending on property status
enhance existing
remove existing culverts and rebuild trail backwater channel
to provide better hydraulic connection
between the wetland and river
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Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
existing trail lowered
for floodplain grading
remove high berm
pedestrian
bridge
boulder grade control structures
for fish passage retrofit
Poudre Inlet diversion structure
preserve bank swallow habitat
in exposed lime deposits
shallow wasting of excavated
lime material covered with
topsoil and vegetation
oxbow wetland in
abandoned channel
fill existing pond to
create wetland
protect sluice structure
from disturbance
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CONCEPT PLAN
Sheet 2
Final
04/22/2015
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
new trail alignment
shallow wasting of excavated
lime material covered wtih
topsoil and vegetation
approximate location of water
and gas line crossing
excavate new wetland
connected to existing
drainage
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Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
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Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
excavate high, steep slope and
fill to create a more natural edge
possible wetland creation in
pond using excess material
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CONCEPT PLAN
Sheet 5
Final
04/22/2015
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1 inch = 150 feet
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Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
Source: Esri, DigitalGlobe, GeoEye, i-cubed, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
possible wetland creation in
pond using excess material
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-1-
RESOLUTION 2017-002
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT AGREEMENT
WITH THE STATE BOARD OF THE GREAT OUTDOORS COLORADO
TRUST FUND REGARDING POUDRE RIVER AND FLOODPLAIN
HABITAT RESTORATION AT KINGFISHER POINT NATURAL AREA
WHEREAS, as part of its 2015 Natural Areas Restoration Master Plan, the City of Fort
Collins Natural Areas Department (“NAD”) is planning to restore river and floodplain habitat
along the Poudre River through Kingfisher Point Natural Area; and
WHEREAS, the State Board of the Great Outdoors Colorado Trust Fund (“GOCO”) is a
political subdivision of the State of Colorado, created by Article XXVII of the Colorado
Constitution, which article appropriates a portion of the net proceeds of the Colorado Lottery to
the Board and directs the Board to invest those proceeds in the state’s parks, wildlife, open space
and recreational resources; and
WHEREAS, in 2016, GOCO offered a statewide grant program pursuant to which
eligible entities could apply for grants for habitat restoration projects on eligible properties; and
WHEREAS, NAD submitted a detailed application (“Project Application”) to GOCO for
a habitat restoration grant, describing the Kingfisher Point Natural Area work (“Project”); and
WHEREAS, GOCO approved the Project Application on December 8, 2016, subject to
the execution of a detailed grant agreement; and
WHEREAS, the grant totals $100,000, and will require equal matching funds, which
NAD has available from City Open Space Yes and Larimer County Help Preserve Open Space
tax revenues appropriated in the department’s 2017 budget; and
WHEREAS, NAD staff recommends the City Council authorize the City Manager to
enter into an Intergovernmental Agreement in the form attached hereto as Exhibit “A”, and
incorporated herein by reference, addressing the scope of river and floodplain habitat restoration
to be accomplished through the awarded GOCO grant; and
WHEREAS, the City is authorized to enter into intergovernmental agreements to
provide any function, service or facility, such as a grant agreement, as provided in Article II,
Section 16 of the Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS that the City Manager is hereby authorized to enter into an
Intergovernmental Agreement regarding the use of GOCO grant funds for river and floodplain
habitat restoration in the Kingfisher Point Natural Area, in substantially the form of agreement
attached hereto as Exhibit “A” and such other terms and conditions, or subsequent
modifications or amendments, as the City Manager, in consultation with the City Attorney,
determines to be necessary and appropriate to protect the interests of the City and effectuate
the purposes set forth herein, not otherwise inconsistent with this Resolution.
-2-
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of January, A.D. 2017.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
EXHIBITA
toCouncilResolutionNo.2017Ͳ____
GRANT AGREEMENT
PROJECT:
Project Title: Poudre River and Floodplain Habitat Restoration at
Kingfisher Point Natural Area
Contract Number: LOG NUMBER
Final Completion Date: December 8, 2018
PARTIES TO AGREEMENT:
Board: The State Board of the Great Outdoors Colorado Trust Fund
1900 Grant Street, Suite 725
Denver, CO 80203
Grantee: City of Fort Collins Natural Areas Department
PO Box 580
Fort Collins, CO 80523
RECITALS
A. The State Board of the Great Outdoors Colorado Trust Fund (“GOCO” or the
“Board”) is a political subdivision of the State of Colorado, created by Article XXVII of the
Colorado Constitution, adopted at the November 1992 General Election, which article
appropriates a portion of the net proceeds of the Colorado Lottery to the Board and directs the
Board to invest those proceeds in the state’s parks, wildlife, open space and recreational
resources.
B. In 2016, the Board offered a statewide grant program pursuant to which eligible
entities could apply for grants for habitat restoration projects on eligible properties.
C. Grantee submitted a detailed application (“Project Application”) to the Board for
a habitat restoration grant, which contemplates the execution of the project entitled and described
above (“Project”). The parties acknowledge that they have on file a complete copy of the Project
Application, which is incorporated by reference.
D. The Board approved Grantee’s Project Application on December 8, 2016, subject
to the execution of a detailed grant agreement. The parties intend this agreement to be the
detailed final grant agreement required by the Board (“Agreement”).
Updated 12/2016 Page 2 of 12
AGREEMENT
NOW, THEREFORE, in consideration of the parties’ mutual covenants contained in this
Agreement and other good and valuable consideration, the receipt and sufficiency of which are
acknowledged, the parties agree as follows:
1. Incorporation of Recitals. The Recitals set forth above are incorporated into this
Agreement.
2. Representations and Warranties of Grantee.
a. Grantee is City of Fort Collins, a duly organized in accordance with the laws of Colorado
and has full and lawful authority to enter into, and comply with the terms of, this Agreement.
b. Grantee’s governing body has authorized entering into this Agreement as evidenced by
the resolution attached and incorporated as Exhibit A.
c. Grantee warrants that the land upon which the Project is to be performed is either (1)
owned by a land trust or other private party and is permanently protected by a conservation
easement or other permanent use restriction or (2) publicly owned open space.
3. Grant and Project. Subject to the terms and conditions set forth in this Agreement, the
Board awards to Grantee a sum not to exceed $100,000 (“Grant”). The Grant shall be used by
Grantee solely to complete the Project, in substantial conformity with the final plans,
specifications, designs and uses approved by the Board.
4. Project Scope. Grantee shall not materially modify the Project or the Budget, as defined
below, without the prior written approval of the Executive Director of GOCO (“Executive
Director”) or the Executive Director’s designee, such approval to be in GOCO’s sole discretion.
Any material modification to the Project undertaken without GOCO’s prior written consent may
be deemed a breach of this Agreement by GOCO, entitling GOCO to all remedies available
under this Agreement. If Grantee determines with reasonable probability that the Project will
not or cannot be completed as approved by GOCO, Grantee will promptly advise the Board in
writing and cooperate in good faith to seek a resolution before any further funds are advanced.
5. Approved Budget. Grantee has completed a detailed budget that reflects all anticipated
sources and uses of funds for the Project, including a detailed accounting of Grantee’s
anticipated direct costs and indirect costs associated with the Project, a copy of which is
attached and incorporated as Exhibit B (“Budget”). The Project Application contains a budget
that may not match the approved version attached as Exhibit B and which, therefore, shall not
be relied upon by GOCO or Grantee. Where discrepancies exist, the approved Budget in Exhibit
B shall control until such time as GOCO approves the final version.
6. Insurance. Grantee shall maintain general liability insurance for the entire period of the
Project that covers all staff and volunteers participating in the Project, for protection in the event
of injury and/or damage. The insurance limits shall not be less than $1,000,000 per occurrence
Updated 12/2016 Page 3 of 12
and $2,000,000 aggregate. If the Grantee contracts with another organization to complete the
Project, it is the responsibility of the Grantee to ensure its contractor carries insurance that
fulfills this requirement.
7. Grantee Efforts. Grantee shall complete the Project in a timely fashion, in a good and
workmanlike manner, and consistent with this Agreement and GOCO’s approvals related to the
Project.
8. Completion Date. Grantee shall complete the Project and submit the Final Report
described below no later than December 8,2018 (“Project Completion Date”), which is two
calendar years after the Board’s approval of the Project. Grantee may request an extension of
the Project Completion Date in compliance with GOCO’s Overdue Grants procedure, which is
attached as Exhibit C, as may be amended from time to time by GOCO in its sole discretion. If
Grantee determines with reasonable probability that the Project will not or cannot be completed
by the Project Completion Date or any extended completion date, Grantee will promptly advise
the Board in writing and cooperate in good faith to seek a resolution before any further funds
are advanced.
9. Future Funding. This Agreement and the Grant only apply to the Project specifically
described in this Agreement. GOCO makes no representations regarding future funding for
future phases of the Project or any other projects, whether or not described in the Project
Application.
10. Matching Funds. Grantee shall obtain the matching cash and in-kind contributions for
the Project as reflected in the approved Budget or any approved modifications and as required
by GOCO, and shall provide evidence of match as GOCO may require in its reasonable
discretion.
11. Disbursement of Funds. Once the Project is complete, Grantee shall submit a final
report to GOCO detailing the accomplishments of and expenditures related to the Project
(“Final Report”). The Project is complete when all restoration efforts proposed in the Project
Application have been completed. The Final Report must be submitted using GOCO’s Habitat
Restoration Program Final Report Form (available at www.goco.org or by contacting GOCO).
In its discretion, GOCO may request additional documentation before its approval of the Final
Report. Upon GOCO’s approval of the Final Report, GOCO shall pay the funds awarded
through the Grant, subject to any reductions contemplated by any provision of this Agreement.
12. Conditions for Disbursement of Funds. The Grant is subject to the following
requirements and conditions.
a. The Grant and all matching funds shall be used only for those eligible costs proposed in
the Project Application. The Grant and all matching funds may not be used to pay for ineligible
expenses including but not limited to non-fixed asset purchases (such as maintenance
equipment), fundraising costs, any real property purchases, or any other costs deemed to be
ineligible by the Board, at the Board’s sole discretion.
Updated 12/2016 Page 4 of 12
b. Disbursement of Grant funds shall be made on the basis of costs actually incurred by
Grantee. All costs exceeding $1,000 must be supported by written documentation (receipts, bills,
etc.). In its discretion and depending on the nature of the Project, GOCO may require
documentation of mechanics’ lien waivers or waivers of claims to public project performance
bonds as a precondition to any disbursement under this Agreement.
c. Except as otherwise agreed to in advance by GOCO in accordance with the terms of this
Agreement, no material modifications may be made to the Project. Material modifications to the
Project to which GOCO has not agreed may result in a reduction in the Grant. “Material
Modifications” may include, but are not necessarily limited to, a reduction in the total cost of the
Project, a reduction in the size or number of restoration components to be completed, changes to
the nature of the restoration or volunteer components of the Project, or any other variance from
the Project as presented in the Project Application. It is the sole responsibility of Grantee to
inform GOCO of any such modifications to the Project. GOCO strongly encourages Grantee to
contact GOCO in writing when it becomes aware of or wishes to make any such modifications,
however seemingly minor, to the Project.
13. Payment of Grant Subject to Sufficient Net Lottery Proceeds. Payment of the Grant
is subject to GOCO’s determination in its sole discretion that it has received and has available
sufficient net lottery proceeds to fund the Grant and that Grantee has complied with this
Agreement, including Grantee’s fulfillment of all conditions precedent to funding. In
determining the sufficiency of net lottery proceeds, GOCO may consider all facts and
circumstances as it deems necessary or desirable in its discretion, including, but not limited to
adequate reserves, funding requirements and/or commitments for other past, current and future
grants, and past, current and future GOCO operating expenses and budgetary needs.
14. Project Operation and Maintenance. GOCO shall not be liable for any cost of
maintenance, management or operation of the Project incurred after the original or any extended
Project Completion Date.
15. Compliance with Regulatory Requirements and Federal and State Mandates.
Grantee assumes responsibility for compliance with all regulatory requirements in all applicable
areas, including but not limited to nondiscrimination, worker safety, local labor preferences,
preferred vendor programs, equal employment opportunity, use of competitive bidding, permits,
approvals, local, state and federal regulations and environmental laws, and other similar
requirements. To the maximum extent permitted by law, Grantee will indemnify and hold the
Board, Executive Director, and GOCO staff harmless from any liability for any failure to
comply with any such applicable requirements.
16. Nondiscrimination. During the performance of this Agreement, Grantee and its
contractors, subcontractors and agents shall not unlawfully discriminate against any employee
or applicant for employment because of race, religion, color, national origin, ancestry, physical
handicap, medical condition, marital status, age or sex, or any other basis prohibited by local,
state or federal law. Grantee and its contractors shall ensure that the evaluation and treatment of
their employees and applicants for employment are free of such discrimination.
Updated 12/2016 Page 5 of 12
17. Publicity and Project Information.
a. Grantee shall acknowledge Board funding in all publicity issued by it concerning the
Project.
b. Grantee shall cooperate with GOCO in preparing public information pieces, providing
access to the Project for publicity purposes to the extent allowed by the landowner, and
providing photos or other imagery of the Project from time to time, which GOCO reserves the
right to use and duplicate in any print or electronic publication or platform for publicity,
illustration, advertising, web content, and other purposes at any time without the need to seek
pre-approval from the Grantee.
c. Grantee shall give the Board the right and opportunity to use information gained from the
Project.
d. Grantee shall give the Board a minimum of 30 days’ notice of Project grand openings,
dedications, or other events.
e. At no time shall Grantee represent in any manner to the public or to any party that it is
affiliated with GOCO or acting on behalf of GOCO.
18. Liability.
a. Grantee shall be responsible for, and to the extent permitted by law (including any
constitutional or statutory limitations on the ability of a governmental entity to provide
indemnification), indemnify, defend and hold harmless the Board, its officers, agents and
employees from any and all liabilities, claims, demands, damages or costs (including reasonable
legal fees) resulting from, growing out of, or in any way connected with or incident to Grantee’s
performance of this Agreement. Grantee waives any and all rights to any type of express or
implied indemnity or right of contribution from the State of Colorado, the Board, its members,
officers, agents or employees, for any liability resulting from, growing out of, or in any way
connected with or incident to this Agreement.
b. Grantee acknowledges that Grantee is the owner of the Project and the property upon
which it is located, or has managerial control of the Project or the property, and that GOCO
neither possesses nor controls the Project, the property, nor the operations of the Project.
c. Anything else in this Agreement to the contrary notwithstanding, no term or condition of
this Agreement shall be construed or interpreted as a waiver, either express or implied, of any of
the immunities, rights, benefits or protections provided to the Board under the Colorado
Governmental Immunity Act (“CGIA”) as amended or as may be amended in the future
(including, without limitation, any amendments to such statute, or under any similar statute that
is subsequently enacted). This provision may apply to Grantee if Grantee qualifies for protection
under the Colorado Governmental Immunity Act, C.R.S. § 24-10-101 et seq. The Board and
Grantee understand and agree that liability for claims for injuries to persons or property arising
out of the negligence of the Board, its members, officials, agents and employees may be
Updated 12/2016 Page 6 of 12
controlled and/or limited by the provisions of the CGIA. The parties agree that no provision of
this Agreement shall be construed in such a manner as to reduce the extent to which the CGIA
limits the liability of the Board, its members, officers, agents and employees.
19. Audits and Accounting. Grantee shall maintain standard financial accounts, documents,
and records relating to the use, management, and operation of the Project. Grantee shall retain
the accounts, documents, and records related to the Project for not less than five years following
the final date of disbursement of funds under this Agreement. The Board, or its designated
agent, shall have the right, upon reasonable notice to Grantee, to audit the books and records of
Grantee that pertain to the Project and to the use and disposition of the Grant. While Grantee is
not required to use GAAP (Generally Accepted Accounting Principles), Grantee shall use
reasonable and appropriate accounting systems in maintaining the required records under this
Agreement.
20. Inspection. Throughout the term of this Agreement, GOCO shall have the right to
inspect the Project to ascertain compliance with this Agreement.
21. Withdrawal of Board Funding; Termination of Agreement. Anything in this
Agreement to the contrary notwithstanding, with prior notice to Grantee, GOCO reserves the
right to withhold or withdraw all or a portion of the Grant, to require a full or partial refund of
the Grant, and/or to terminate this Agreement if GOCO determines in its sole discretion that:
a. facts have arisen or situations have occurred that fundamentally alter the expectations of
the parties or make the purposes for the Grant as contemplated infeasible or impractical;
b. any material modifications in the scope or nature of the Project have occurred from that
which was presented in the Project Application approved by GOCO and such material
modifications have not received the prior written approval of GOCO;
c. any statement or representation made by Grantee in the Project Application, this
Agreement, the Final Report, or otherwise is untrue, inaccurate or incomplete in any material
respect;
d. the results of GOCO’s review of the Final Report is not acceptable to GOCO;
e. the Project will not or cannot be completed by the Project Completion Date or any
extensions granted, or delays in the implementation of the Project have occurred which, in the
Board’s judgment, make the Project impracticable;
f. the Project will not or cannot be completed within the Budget or any approved
modifications, or the total Project cost and/or Grantee’s matching funding are reduced without
GOCO’s prior written approval;
g. title to or encumbrances against the property are or become such that Grantee is unable to
complete the Project.
Updated 12/2016 Page 7 of 12
22. Breach.
a. In the event that Grantee breaches any of the terms, covenants, representations, or
conditions of this Agreement, the Board may elect to enforce any and all remedies available at
law or in equity, including without limitation any of the following:
i. Prior to payment of Grant:
A. Withdraw the Grant and terminate this Agreement; and,
B. Deny Grantee eligibility for participation in future Board grants, loans or
projects.
ii. After payment (partial or full) of Grant:
A. Deny Grantee eligibility for participation in future Board grants, loans or
projects;
B. Seek specific performance of Grantee’s obligations under this Agreement;
C. Receive reimbursement in full, or in part, of disbursement made under the
Grant.
b. The foregoing remedies are cumulative and may be exercised independently or in
combination and are not exclusive to one another or to any other remedies available at law or in
equity. In the event GOCO must pursue any remedy under this Agreement and is the
substantially prevailing party, GOCO shall be awarded its costs and reasonable legal fees,
including costs of collection.
23. Good Faith. There is an obligation of good faith on the part of both parties, including
the obligation to make timely communication of information that may reasonably be believed to
be material to the other party.
24. Assignment. Grantee may not assign its rights or delegate its obligations under this
Agreement without the express written consent of the Board, which consent shall be in the
discretion of the Board. Any assignment shall require that, at a minimum, the assignee is
eligible to receive grants from the Board and assumes Grantee’s ongoing obligations under this
Agreement.
25. Applicable Law. This Agreement shall be governed by the laws of the State of
Colorado, and venue for any dispute under this Agreement shall lie exclusively in the City and
County of Denver.
26. No Joint Venture. Nothing in this Agreement shall be construed to create a joint
venture, partnership, employer/employee or other relationship between the parties other than
Updated 12/2016 Page 8 of 12
independent contracting parties. Neither party shall have the express or implied right to act for,
on behalf of, or in the name of the other party.
27. Severability. If any provision in this Agreement is found to be ambiguous, an
interpretation consistent with the purpose of this Agreement that would render the provision
valid shall be favored over any interpretation that would render it invalid. If any provision of
this Agreement is declared void or unenforceable, it shall be deemed severed from this
Agreement, and the balance of this Agreement shall otherwise remain in full force and effect.
28. Time is of the Essence. Time is of the essence in this Agreement.
29. Survival. The terms and provisions of this Agreement and the parties’ covenants under
this Agreement shall survive the funding of the Grant and the completion of the Project.
30. Fax and Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be an original, but all of which when taken together shall constitute one
agreement. In addition, the parties agree to recognize signatures to this Agreement made
electronically and transmitted electronically or by facsimile as if they were original signatures.
31. Third-Party Beneficiary. The Board and Grantee acknowledge and agree that this
Agreement is intended only to cover the relative rights and obligations between the Board and
Grantee and that no third-party beneficiaries are intended.
32. Notice. Any notice, demand, request, consent, approval or communication that either
party desires or is required to give the other shall be in writing and either served personally or
sent by first class mail, postage prepaid, to the addresses shown on Page 1 of this Agreement.
33. Construction. Each party has reviewed this Agreement, and therefore any usual rules of
construction requiring that ambiguities be resolved against a particular party shall not be
applicable in the construction and interpretation of this Agreement.
34. Waiver. The failure of either party to enforce a term of this Agreement shall not be
deemed a waiver of such term or right of enforcement as to that breach or any subsequent
breach. No waiver shall be enforceable under this Agreement unless signed by the party against
whom the waiver is sought to be enforced.
35. Entire Agreement. Except as expressly provided in this Agreement, this Agreement
constitutes the entire agreement of the parties. No oral understanding or agreement not
incorporated in this Agreement shall be binding upon the parties. No changes to this Agreement
shall be valid unless made in writing, approved by the Board, and signed by the parties.
36. Termination of the Board. If Article XXVII of the Colorado Constitution, which
established GOCO, is amended or repealed to terminate GOCO or merge GOCO into another
entity, the rights and obligations of GOCO under this Agreement shall be assigned to and
assumed by such other entity as provided by law, but in the absence of such direction, by the
Colorado Department of Natural Resources or its successor.
Updated 12/2016 Page 9 of 12
IN WITNESS WHEREOF, the parties by signature below of their authorized representatives
execute this Agreement effective as of February 6, 2017.
STATE BOARD OF THE GREAT GRANTEE:
OUTDOORS COLORADO TRUST FUND City of Fort Collins
By: _______________________________ By: ______________________________
Jim Spaanstra Name:______________________________
Executive Director Title: ________________________________
*NOTE* Signee should be same individual
authorized to sign grant agreement in
attached resolution (EXHIBIT A)
Updated 12/2016 Page 10 of 12
EXHIBIT A
RESOLUTION
Updated 12/2016 Page 11 of 12
EXHIBIT B
PROJECT BUDGET
(Submit a new budget if the project numbers have changed.)
N/A - No changes were made from the grant application
Updated 12/2016 Page 12 of 12
EXHIBIT C
OVERDUE GRANTS PROCEDURE
GOCO understands that there are unforeseen circumstances that may interfere with a grantee’s
ability to complete a project by the project completion date set forth in the grant agreement. This
procedure outlines the options available to grantees to extend a grant deadline.
1) Staff Extensions: Staff can grant an extension for at least 90 days and up to the date
of the next scheduled GOCO Board meeting beyond that 90 days. A grantee may only
request one staff extension per project.
a. The grantee must submit a request for a staff extension prior to the original
project completion date via email or postal mail to the appropriate GOCO
program staff.
b. Requests must include the following: a) grantee name; b) project title; c) contract
number from the grant agreement; d) original project completion date; e) percent
of project completed to date or due diligence items completed to date for land
acquisitions; f) reason for delay; g) estimated date of project completion or
closing; and h) estimated date of final report submission to GOCO, if applicable.
c. Staff will notify the grantee via email of the decision to grant or deny the request
for a staff extension.
2) Board Extensions: If the grantee needs more time than a staff extension would
provide, the grantee must request a board extension. A grantee can request a second
board extension if needed, although this is not a favorable action.
a. The grantee must submit a request for a board extension prior to the original or
staff-extended project completion date via email or postal mail. Requests must be
sent to the appropriate GOCO program staff.
b. Requests must include the following: a) grantee name; b) project title; c) contract
number from the grant agreement; d) original project completion date and, if
applicable, staff-extended project completion date; e) percent of project
completed to date or due diligence items completed to date for land acquisitions;
f) reason for delay; g) estimated date of project completion or closing; and h)
estimated date of final report submission to GOCO, if applicable.
c. The board will consider the request for board extension at its next scheduled
meeting. Staff will notify the grantee via email of the board’s decision to grant or
deny the request for a board extension.
d. Requests for a second board extension must follow all of the procedures listed
above.
3) To request a staff or board extension, use the Project Extension Request form.
4) GOCO expects the grantee to request the appropriate amount of time needed to
complete the project. Failure to complete a project by the original due date, or by any
extended due dates authorized by staff or the board, may result in the de-authorization
of the grant and a suspension from applying in future grant cycles.
e
Canvasback Pond
CONCEPT PLAN
Sheet 6
Final
04/22/2015
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
New Trail
City Property
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CONCEPT PLAN
Sheet 4
Final
04/22/2015
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
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CONCEPT PLAN
Sheet 3
Final
04/22/2015
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
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CONCEPT PLAN
Sheet 1
Final
04/22/2015
N
W
S
E
0 75 150 300
1 inch = 150 feet
Feet
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO
LEGEND
River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property
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0 200 400 800
1 inch = 400 feet
Feet
Kingfisher Point Natural Area LEGEND
Ecological Restoration Project
Fort Collins, CO River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
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Woodland Fill
Lime Wasting
New Trail
City Property
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0 200 400 800
1 inch = 400 feet
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CONCEPT PLAN LEGEND
Cover Sheet
Final
04/22/2015
Kingfisher Point Natural Area
Ecological Restoration Project
Fort Collins, CO River
Relocated Ditch Upland Grassland
Pool/Riffle Sequence
Backwater Channel Willow Shrubland Trailhead
Step Wetland
Cottonwood/Shrub Woodland
Ped. Bridge
Fill
Wetland
Woodland Fill
Lime Wasting
New Trail
City Property