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Home My WebLink AboutNRRC - Filed OA-OTHER AGREEMENTS - 2014-07-09 (2)PROFESSIONAL. SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Felsburg Holt & Ullevig, hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of nine (9) pages, and incorporated herein by this reference. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule attached hereto as Exhibit "B", consisting of one (1) pages, and incorporated herein by this reference. 3. Contract Period. This Agreement shall commence upon execution, and shall continue in full force and effect until October 31, 2007, unless sooner terminated as herein provided. 4. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: With Copy to: Felsburg, Holt & Ullevig City of Fort Collins City of Fort Collins, Purchasing Attn: Richard R. Follmer Attn: Kathleen Bracke PO Box 580 5300 South Syracuse Way PO Box 580 Fort Collins, CO 80522 Ste 600 Fort Collins, CO 80522 Centennial CO 80111 Standard Professional Services Agreement- rev 09/01/06 • Prepare a kit -of -parts that illustrate the preferred finishes, colors, textures, lights, pavements, wall treatments, landscape types and other features. • Meet with TAC to present the preferred design concept and cost estimates. (Meeting #5) • Meet individually with landowners to discuss the preferred plan. • Make minor revisions to plans and sketches as directed by City staff. • Conduct public open house #2 to present preferred design concept, sketches and graphics, as well as inform public of next steps. DELIVERABLES: - Alternative and preferred site plans - Sections, sketches and other graphics to illustrate design intent. (preliminary, refined and final versions); assumes I sketch of each option at each stage of refinement. - Kit -of -parts board with images and/or sketches. - Preliminary cost estimates - Preliminary structural recommendations and design criteria - Meeting minutes 4. BNSF Railway and Colorado Public Utilities Commission Coordination - All crossings of railroads are regulated by the Colorado Public Utilities Commission (PUC). Grade -separated pedestrian/bicycle facilities, in addition to meeting design requirements of local, state and federal pedestrian/bicycle design codes, must also meet clearance and safety criteria in accordance with the PUC and the respective railroad standards. A PUC application for crossing the BNSF Railway will be required. This application generally includes a project description, a list of affected parties, preliminary plans, ROW impacts, and cost estimates. Once the application has been filed with the PUC and deemed "complete", the project notification period of 30 days begins. This time allows for the involved parties to review the project and provide comment. Following the 30 day notification period, uncontested applications may either be ruled approved by the Commission, or considered approved if no commission action is taken within 15 days, for a total process time of 60 days. A BNSF agreement will also be required for the project. Buried facilities (with no surface features within the BNSF right-of-way) are typically authorized through an easement process Standard Professional Services Agreement- rev 09/01/06 10 with a one-time fee. Permanent surface features within the BNSF right-of-way are usually handled through a License Agreement with an annual fee. These agreements are subject to legal review by attorneys for all parties, and can take some time. Due to the limited area of this project, and the familiarity with the process from the first phase of the Mason Transportation Corridor Trail to the south, it is estimated that this agreement should take less than one year following acceptance of the crossing design alternative. NOTE: Both the PUC application and BNSF agreement documents include cost estimates, preliminary plans, right-of-way costs and other design related information typically completed as part of preliminary design. The PUC application and BNSF agreement processes are typically initiated following the FIR level of effort and review. Discussions with the BNSF and PUC are initiated earlier to introduce each agency to the project, and obtain any initial guidance. DELIVERABLES: - PUC Application -to be submitted by the City as the applicant. FHU will prepare the draft and exhibits for City review and approval prior to the City's formal submittal to the PUC - Completion of the BNSF Construction and Maintenance Agreement Template (once received from the BNSF) - the template will be provided to the City and/or FHU for completion of the details, after which review by the City legal staff and BNSF law department begins - Initiation of the Staubach (BNSF's Real Estate Representative) easement and/or license agreement process and assistance to the City in advancing the process - Development of the draft PUC Application and exhibits for the crossing - Coordination with the BNSF, Staubach and PUC to assist the City - FHU will monitor progress of the documents and assist where needed - Preparation of permit applications for conducting field research, i.e., soil borings, surveying within BNSF right-of-way, as necessary. - Coordination of safety training - Meeting minutes 5. Preliminary and Final Design- FHU will provide the civil, drainage, and utility design for the project including the evaluation of needed drainage structures, utility relocations, or the reconfiguration of parking stalls or other features near or within adjacent private property. Standard Professional Services Agreement- rev 09/01/06 11 Upon completion of the concept planning, FHU will prepare and issue a structure selection report that will evaluate and document the preferred structure type. Upon approval of the preferred structure by the City, the FHU Team will proceed with preliminary and final design and contract document preparation. As a local agency project, all work will be accomplished in accordance with AASHTO, BNSF and CDOT design guidelines, memorandums, standards and specifications. Several coordination/progress meetings, in addition to the FIR and FOR meetings are anticipated to occur during.this process. Preliminary Design will include: • Additional field survey by City staff, if needed • Geotechnical recommendations • Public and private utility coordination • Ramp alignment plans and profiles • Site plan grading and design (as required) • Drainage design • Proposed lighting locations/selection of preferred fixtures • Grade separation layout, sections and elevations • Opinion of probable construction cost • Required right-of-way and easements • Submittal of plans to the City, CDOT and other agencies for review • Field Inspection Review (FIR) Meeting • Meeting minutes Preliminary design plans will be submitted to the City, CDOT and BNSF for review. Final Design will include: • Incorporation of FIR Comments into design/plans • Continued utility/agency coordination • Final ramp design/plans • Site plans, grading and design • Final drainage design/report • Lighting plans — it is anticipated that the City of Fort Collins Light & Power will install lighting except on the structure itself. As such, lighting plans will only be prepared for lights on or within structure elements. • Final structure design Standard Professional Services Agreement- rev 09/01/06 12 • Environmental mitigation plans (as required) • Utility relocation/modification plans • Quantity tabulations and summary • Engineer's opinion of probable construction cost • Submittal of plans, specifications and estimate to the City, CDOT and other agencies for review • Final Office Review (FOR) Meeting • Meeting minutes Final design plans will be submitted to City, CDOT and BNSF for review. Final design comments will be incorporated in the Advertisement plans. Contract Documents: • Incorporate comments from FOR review into plans and specifications • Utility Agreements • Submit design/check calculations and final plans to CDOT Staff Bridge for their records. Submit structure design certification letter to CDOT • Finalize plans, specifications and estimates • Submit contract documents to the City for advertisement DELIVERABLES: - Construction plans and specifications, project cost estimate, structure selection report, design certification letter, independent design check 6. ROW Clearance /Acquisition — The FHU Team will work closely with the City surveyor to prepare the ROW plans for review by CDOT and we will finalize these plans to obtain the ROW clearance. We will also coordinate with the City surveyor to prepare graphical representations that match legal descriptions for obtaining private property and/or easements, if necessary. We will: • Define slope limits and identify ROW/easement needs • Prepare a set of ROW plans in CDOT format; assist in obtaining ROW clearance from CDOT • Assist in the preparation of legal descriptions • Prepare property mitigation plans for use in negotiations. Standard Professional Services Agreement- rev 09/01/06 13 We have followed this process, with good success, recently for the City on the North College Avenue, US 287 Bike Lane and Mason Trail projects. On these projects, the City surveyor performed the record and field research, and provided geometry and legal descriptions for the parcel. DELIVERABLES: - ROW plans, legal descriptions (by city surveyor), property mitigation plans, ROW clearance 7. Utilityand Environmental Clearances — FHU will be responsible for obtaining utility data from both public and private entities, for preparing the utility base mapping within the project boundaries, and for providing valued input during the concept planning / structure selection, and preliminary and final engineering phases of the project. To obtain the utility clearance, we will: Schedule and conduct a utility coordination meeting • Identify locations for potholing • Identify critical conflicts and coordinate utility relocations/design revisions • Coordinate power source location(s) • Coordinate with lighting designer Develop utility specifications FHU's environmental staff will document certain aspects for the completion of a Categorical Exclusion (CDOT Form 128). FHU staff will complete the following main tasks: Initial Site Assessment to identify any potential hazardous materials that could be encountered during construction • Threatened or Endangered Species habitat analysis and presence/absence documentation • Wetland survey Other documentation needed for Form 128 compliance is not anticipated to be thorough; however, FHU will provide appropriate documentation for completion of the Form for air quality, noise, and farmland protection. Through conversations with CDOT staff, it is understood that CDOT will perform the archaeology, paleontology, historic resources, historic bridge analysis, and Section 4(f) (park and recreations lands) and 6(f) (land conservation properties) resource clearances for this project. Standard Professional Services Agreement- rev 09101/06 14 DELIVERABLES: — Initial Site Assessment, T&E Presence/Absence Documentation, Wetlands Survey, Form 128, Permits as necessary 8, Construction Assistance — Based on our experience on construction of other Local Agency projects with CDOT, we can provide assistance to the City to assure compliance with the State's requirements during construction. At a minimum, the following services will be provided: • Bid assistance — attend a pre -bid meeting, assist with bid addenda, review bids and provide recommendations for contractor selection • Interpretation of plans and specifications • Shop drawing review • Design revisions • Production of record drawings • Answer questions via phone, email or in the field The following additional services are available: • Daily Construction Administration — manage budget and schedule, assure construction quality and contract compliance, maintain project documentation • Observation — daily or supplemental to the City's observation. • Review of contractor submittals 9. Public involvement Plan — Our team's public involvement approach is based on both practical experience and best practices that have been verified through field experiences. Specific tasks will include: • Identify interested and affected parties including adjacent residents, business and property owners • Gather contact information • Identify issues, insights and concerns • Provide project progress information, including periodic mailings, postings on City website, and media releases. Consultant will prepare information in consultation with the City and then provide camera ready material for reproduction and distribution, mailing or posting by the City • Public Open Houses (3) with project announcements (3) could be in the form of a newsletter Standard Professional Services Agreement- rev 09101/06 15 It is anticipated that the Open House schedule will be: I st Open House (Fall 2006) — Present the conceptual design alternatives of the project; obtain resident, property owner and stakeholder input 2nd Open House (Spring 2007) — Present the conceptual design recommendations • 3rd Open House (Fall 2007) — Present the final design and construction schedule In support of the Open Houses, the FHU Team: • Arrange for the location and refreshments • Provide visuals, sign -in sheets, handouts • Create and distribute publicity materials • Send out e-mail announcements to interested parties • Summarize findings from the open houses • Provide project materials to Senior Center, public libraries and Front Range Community College Library As a follow-up to the Open House, the FHU Team will: • Provide materials from open houses for posting on City website • Conduct outreach and follow-up Track feedback and concerns • Share with identified team members Communicate how issues are addressed Standard Professional Services Agreement- rev 09/01/06 16 DO W, -71 k. EL in' EXHIBIT C C-o cr-KMA� Rio 1. Labor Cost Classification Agiusted Hourly Billing Rates x W rkhour = Total Felsbur , Holt & Ullevi Principal Associate $150.00 $130.00 x x 64 30 - - $9,600.00 $3,900.00 Senior Engineer $120.00 x 298 = $35,760.00 En ineer III $90.00 x 370 = $33 300.00 En ineer II $80.00 122 = $9.760.00 Engineer 1 $70.00 x 36 = $2,520.00 Senior Bridge Designer $110.00 x 1 69 = $7.590.00 Engineer IV $105.00 x 212 - $22,260.00 Designer 11 $65.00 x 258 - $16,770.00 Clerical $65.00 x 7 = $455.00 Total Labor = 1,466 = $141,915.00 2. OTHER DIRECT COSTS (DIRECT NON -LABOR EXPENSES) Estimated Direct Ex enses 5% of Labor) 17,095.75 3. OUTESIDE SERVICES (E.G., SUBCONSULTANTS & VENDORS): EDAW Hourly Rates Principal 1 $166.00 Senior Associate $110.00 Associate $73.00 Landscape Architect 111 $107.00 Landscape Architect II $83.00 Landscape Architect 1 $64.00 Landscape Designer II $73.60 Landscape Designer $54.00 Clerical $61.50 $53,890.00 Yeh & Associates Hnuriv Rates Principal Engineer $140.00 Project Manager MOM Senior Engineer $110.00 Project Engineer $80.00 Staff Engineer $70.00 Staff Geologist $70.00 Lab Technician $57.00 Drafter $60.00 Clerical $52.00 $17,365.00 Clanton & Associates Hourly Rates Principal Engineer $150.00 Senior Engineer $100.00 Senior Designer $80.00 CAD Technician $55.00 $13,280.00 Citv Visions I Hourly Rates Principal 1 $80.00 $13, 860.00 Total Outside Services: $98,395.00 4. TOTAL CONTRACT COST SUM OF 1, 2 AND 3 : $247,405.75 UDBE % = 17.99% Standard Professional Services Agreement rev 09101106 17 EXHIBIT D Standard Professional Services Agreement- rev 09/01/06 18 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 5. Design Protect Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. 6. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional a fixed fee in the amount of Two Hundred Forty Thousand Three Hundred Ten Dollars ($ 240,310.00) plus reimbursable direct costs. All such fees and costs shall not exceed Two Hundred Forty Seven Thousand Four Hundred Five Dollars and Seventy Five Cents ($247,405.75). Monthly partial payments based upon the Professional's billings and itemized statements are permissible. The amounts of all such partial payments shall be based upon the Professional's City -verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's actual reimbursable expenses. The parties acknowledge that Edaw, Yeh & Associates, Clanton & Associates and City Visions are not parties to this agreement. However, the rates listed for services to be provided by these subcontractors shall be the rate paid by the City to the Professional for these services. If the Standard Professional Services Agreement- rev 09/01/06 2 SCOTT II � I I II I I I'III I I �II I I II I I II I'�I I'� I I I III DOYLE , CLERK LARIM LARIMER COUNTY CO RCPTN# 2005.0007910 04`53/0005 PAGES - 14 FEE $71.00 DOC $0.00 #430351 Non -Exclusive Easement Agreement Trail Easement Thi Non -Exclusive Easement Agreement ("Agreement") is entered into this day of 2004, by and between the Board of Governors of Colorado State University System, by and through Colorado State University, whose address is 309 Administration Building, Colorado State University, Fort Collins, Colorado 80523 (the `Board") and the City of Fort Collins, a Colorado Municipal Corporation, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521 ("Grantee"). l _ - the Board: Consideration Description and Purpose. In exchange for the promises of the Board and the Grantee as set forth in this , Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the terms herein. in gross over the land of the Board more particularly described in Exhibit A and generally shown in Exhibit B (Permanent Easement). Exhibits A and B are attached hereto and are incorporated herein by this reference. This Permanent Easement is granted I") and s 1.2. Construction Easement. The Board grants to the Grantee SNOW for purposes of initial installation of the storm drainage facilities and the Trail, and Grantee's access and construction shall be confined to the the Permanent Easement and the property described on Exhibit C attached hereto and by this reference made a part hereof (Construction Easement). The Grantee will assure that all gates accessed are closed and secured, and any fencing disturbed during access or construction is repaired or replaced. The Construction Easement shall 40goWpon completion of installation of the Trail and the storm drainage facilities, but in any event 1.3. Other Uses. Grantee acknowledges that the Permanent Easement described in Exhibits A and B is intended to accommodate and will be subject to other specific easements in gross to other grantees. Grantee agrees to cooperate with the Board and the recipients of other easements in the construction, installation, and maintenance of the Permanent Easement. 2. Agreement of Grantee. In exchange for the Board's grant of the Construction Easement and the Permanent Easement, 2.1. Survey. The Grantee agrees that all documents, plats and descriptions as are attached hereto as exhibits are the result of surveys engaged by the Gr tee at its sole expense for the purpose of surveying the boundaries for the Permanent E ement, and the Board CRY OF FORT ffiS COLLINS SKLD LG SKL10231 LR 7910-2005.001 .__._. __---- ._____ __.�-�, assumes no responsibility for the accuracy of such survey obtained by the Grantee nor for damages resulting from inaccuracies. 2.2. Environment and Character of Land. Any work or activity undertaken by Grantee in connection with this Agreement shall be so planned, designed and carried out as to interfere as little as reasonably possible with the character and appearance of the nearby land and the surrounding environment, including its aesthetic character. 2.3. Drawings and Specifications. Drawings and specifications for any work or construction contemplated in this Agreement shall be submitted to the Board or its representative for approval prior to commencement of any work. Such review and approval shall be solely for the purpose of determining whether or not the proposed improvements are consistent with the rights granted in this Agreement, and any approval by the Board shall not be construed as expanding such rights, or as an approval of the technical merits or adequacy of the improvements. The Grantee shall be solely responsible for performing the work or construction. in accordance with the rights granted herein and for any liability arising from the performance of such work. 2.4. Consent for Work. Except in cases of emergency, Grantee shall obtain the prior consent of the Board or its representative before undertaking any work or activity within the Permanent Easement or the Construction Easement. Such consent, shall not be unreasonably withheld. All access routes to the Permanent Easement or the Construction Easement for Grantee's construction, repair, or maintenance of the facilities constructed or erected in accordance with this Agreement shall be by route or routes reasonably designated by the Board. 2.5. Costs to be Borne by Grantee. All costs incurred in connection with any work, construction, restoration, maintenance, and facilities contemplated in this Agreement shall be borne entirely by the Grantee. 2.6. Restoration. After completion of any work undertaken in connection with this Agreement (whether the work involves original construction or later repair, maintenance or demolition), Grantee shall, with the exception of the Trail and'storm drainage improvements, restore the land and any improvements thereon to the .condition immediately prior to such work. 2.7. Other Uses. The Board shall prohibit all other uses of the Permanent Easement unless the University determines that it is incidental, necessary to the intended purpose of the easement, and not inconsistent with the Grantee's rights to use the easement granted. 2.8. Maintenance. As a condition of continued use of this Permanent Easement, Grantee shall properly maintain all storm water facilities and the Trail erected or installed by Grantee in connection with this Agreement. The Board may, after written notice to Grantee, so maintain such storm water facilities and Trail at Grantee's cost upon any failure by Grantee to properly maintain as required hereunder. 2.9. Indemnification. Not applicable. SKI-D LG SKL10231 LR 7910-2005.002 V 2.10. Compliance with Rules and Regulations. Grantee will comply with all reasonable rules and regulations regarding the use of the land which have been or may be adopted by the Board, to the extent such compliance does not unreasonably interfere with Grantee's use of the land as contemplated in this Agreement. 2.11. Removal of Access Routes and Work Areas. o the Construction Easement and the Permanent Easement and work areas used for construction, repair, maintenance or removal shall be 2.6. herein. 3. Rights Reserved by the Board. The Board reserves all rights (including mineral rights) in the Permanent Easement, and the right to occupy and use it for all purposes not inconsistent with the rights granted herein to the Grantee. 3.1. Continuous Use Right of Entry for Condition Broken. This Agreement is conditional on Grantee's continuous use of the Permanent Easement for the purposes described herein, and if the Grantee shall cease to use the Permanent Easement for the described purposes, the Board shall have the right to re-enter the said unused premises and terminate this Agreement after having given notice of the Board's election to so terminate in the manner specified in this Agreement. To enforce this provision, the Board may, but is not required to bring an action for ejectment or an equivalent action. 3.2. Sale Lease or Other Easement. The Board may grant other easements within the Permanent Easement, so long as Grantee's use of the Permanent Easement is not unreasonably impaired. The Grantee shall not grant any easements within or other rights to use the Permanent Easement. 3.3. Right to Relocate. The Board reserves the right, at the Board's cost, to relocate this Permanent Easement and any improvements constructed by Grantee hereunder so long as such relocation does not adversely impact the purpose of the Permanent Easement and the performance of said improvements. 4. Other Terms and Conditions. The parties agree to the following additional terms and conditions: 4.1. Prior Easements. This Permanent Easement is granted subject to all easements, rights -of -way, and other matters of record, and those previously granted and now in force and effect. The Board makes no warranties or representations as to matters of title. 4.2. Additional Use. Use of the Permanent Easement for any purpose or facilities not specified herein shall require written consent of the Board, or its designee, and prior amendment of this Agreement, executed in the same manner as this Agreement. 4.3, Non -Assignability, This Agreement is not assignable by the Grantee. SKLD LG SKL10231 LR 7910-2005.003 ____.__ �'+fi'frS:dtF,Y5A: �S5tRYf+d15.wSAAA4�,......6�..^.�`7'�Y':GII!J�II1[dIFRAFiG+.PA±(.ri'�liSfRl1N@R.x*vR.II'i7ilf'i. .-- �..- .b'N ......�. :� �].a...RIfi.MY.131P1Y31i1N:1�1.NutLiHt3R;�WA4W�P.AS2f`!tw^4CEN.iiKi�l.unP:N. .r ♦':.c.-,ry .. ,. ,. J\ 4.4. Successors. Subject to the limitations on assignment set forth in paragraph 4.3 herein, this Agreement shall be binding on the parties' legal successors. 4.5 Third Party Beneficiary: It is expressly understood and agreed that the enforcement and conditions of this Agreement and all rights contained herein relating to enforcement, shall be strictly reserved to the Board and the Grantee. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person or entity. It is the express intention of the Board and the Grantee that any such person or entity, other than the Board or the Grantee, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 4.6 Sovereign Immunity: Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et se ., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of a party, its departments, agents, officials and employees is controlled and limited by the provisions of Section 24-10-101, et se ., C.R.S. as now or hereafter amended and the risk management statutes, Section 24-30-1501, et seg., C.R.S. as now or here after amended. 4.7. Representatives and Notice. For the purposes of this Agreement, the parties designate the following persons as their representatives and list the following addresses for the delivery or mailing of notices and other communications: Representative for the Grantee: City Manager City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Representative for the Board: Facilities Management Real Estate Services Facilities Services Center North Colorado State University Fort Collins, CO 80523-6030 with copy to: Real Estate Services Manager City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 with copy to: General Counsel 202 Administration Building Colorado State University Fort Collins, CO 80523-6030 Any notice required or desired to be given under this Agreement shall be delivered or mailed by certified mail to the addresses listed above. 5. Jurisdiction. The laws of the State of Colorado and the rules and regulations issued pursuant thereto shall be applied in the interpretation, execution, and enforcement of this Agreement. Any provision of this Agreement, whether or not incorporated herein by reference, that provides for arbitration by any extra judicial body or person or which is otherwise in conflict SKLD LG SKL10231 LR 7910-2005.004 with said laws, rules and regulations shall be considered null and void. Nothing contained in any other special purports to negate this or any provision incorporated hereinshaall be valid orrence hich enforc able or available in any action at law provision in whole or in p se.Any rovision rendered null and void by whether by way of corn provision we 11 not invalidate the remainder of this Agreement to the extent the operation of this that the agreement of the parties is capable of execution. ences. The signatories hereto aver that they are familiarAbuse of 6 No Corrut Influand Corrupt Influences) and C.R.S. 18-8-401 et se 'rovisions is Public Office), C.R.S. 18-8-301 et se . (Bribery as may be amended from time to time, and that no violation of suchp present. 7, No Beneficial Interest. The signatories st inreto aver that to their knowledge, theproperty described herein. no has any personal or beneficial interest eement on the day and year State employeearties have executed this Ag TI`t WITNESS WHEREOF, the p written above. City of Fort Collins, Colo do, A Municipal Corp o tion d- �2, By: Interim City Manager APPROVED AS TO FORM: ` By: (/- Assistant city Atto STATE OF COLORADO ) ) ss LARIMER ) ATTEST: \1%T N SEAL . COUNTY OF o�`J► day of 2004 by The fore instrument was.acknowledgedYQfo�m�'a I � tek as Interim City ho.✓n.� and �� e � �-- of Fort Collins, Colorado. ` Manager and City Clerk o the City My commission. expires d official seal. wjtligwIny 444 an Notary Public LR 7910-2005.005 LG SKL10231 S K. D ��!:� rz.:r,,am-.,.mnrrtam�er,�mns�an.rvRa*r.n.,•m :..r,Rrarcc+ewa m s c:"� s The Board of Governors of the CSU System for the use and benefit of Colorado State University By: G Keith Ickes Interim Vice President for Administrative Services APPROVED: B' onna �Aurand Interim General Counsel STATE OF COLORADO ) ss COUNTY OF LARIMER ) '::The foregoing instrument was acknowledged before me this `'1� day of 1 , 2004 by Keith Ickes, Interim Vice President for Administrative Services for the Board of Governors of the Colorado State University System. My commission expires (n- 11-C. Witnes my hand and official seal. �gE GOA�p� Notary Public Q. OTAp .9 o A9TC OF SKLD LG SKL10231 LR 7910-2005.006 - — — — — ur — .n n.., ,,mac,, EXHIBIT A W DESCRIPTION EASEMENT FOR OF THE COLORADO STATE BOARD OF AGRICULTURE PERMANENT THE MASON TRANSPORTATION CORRIDOR TRAIL Two Permanent Easements for the Mason Transportation Corridor Trail located in the East half of Section 23, 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 23 as bearing North 89 degrees 26 minutes 43 seconds West between a 3" Aluminum Cap Monument LS 17497 at the southeast corner and a 3.25" _ Aluminum Cap Monument LS 20123 at the south quarter corner of Section 23, based upon G.P.S. survey, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 23; THENCE along the south line of the said southeast quarter, North 69 degrees 26 minutes 43 seconds West for a distance of 883.00 feet to the west right of way of the Burlington Northern Santa Fe Railroad; THENCE along the said west right of way, North 01 degrees 16 minutes 04 seconds East for a distance of 50.00 feet to the north right of way of West Drake Road and to the TRUE POINT OF BEGINNING of this description; THENCE continuing along the said west right of way, North 01 degrees 16 minutes 04 seconds East for a distance of 2193.10 feet; THENCE continuing along the said west right of way, along a curve to the right having a radius of 4347.28 feet a central angle of 00 degrees 13 minutes 58 seconds and an arc length of 17.66 feet, being subtended by a chord of North 01 degrees 26 minutes 27 seconds East for a distance of 17.66 feet; THENCE leaving the said west right of way, South 85 degrees 20 minutes 47 seconds West for a distance of 10.85 feet; THENCE South 01 degrees 14 minutes 08 seconds West for a distance of 63.24 feet; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 38.50 feet; THENCE South 01 degrees 19 minutes 35 seconds West for a distance of 20.01 feet; THENCE North 90 degrees 00 minutes 00 seconds East for a distance of 38.53 feet; THENCE South 01 degrees 14 minutes 08 seconds West fora distance of 573.81 feet; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 40.94 feet; THENCE South 01 degrees 20 minutes 42 seconds West for a distance of 20.01 feet; Page 1 of 3 SKLD LG SKLIC231 LR 7910-2005.007 EXHIBIT A THENCE North 90 degrees 00 minutes 00 seconds East for a distance of 40.98 feet; THENCE South 01 degrees 14 minutes 08 seconds West for a distance of 694.63 feet; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 43.23 feet; THENCE South 01 degrees 28 minutes 00 seconds West for a distance of 20.01 feet; THENCE South 90 degrees 00 minutes 00 seconds East for a distance of 43.32 feet; THENCE South 01 degrees 14 minutes 08 seconds West for a distance of 108.05 feet; THENCE South 00 degrees 50 minutes 30 seconds West for a distance of 270.25 feet; THENCE South 90 degrees 00 minutes 00 seconds West for a distance of 47.57 feet; - THENCE South 01 degrees 22 minutes 59 seconds West for a distance of 20.01 feet; THENCE North 90 degrees 00 minutes 00 seconds East for a distance of 37.76 feet; THENCE South 00 degrees 50 minutes 30 seconds West for a distance of 43.42 feet; THENCE North 90 degrees 00 minutes 00 seconds East for a distance of 10.00 feet; THENCE South 00 degrees 50 minutes 30 seconds West for a distance of 86.13 feet; THENCE along a curve to the right having a radius of 3010.00 feet a central angle of 02 degrees 38 minutes 00 seconds and an arc length of 138.34 feet, being subtended by a chord of South 02 degrees 09 minutes 30 seconds West for a distance of 138.33 feet; THENCE South 03 degrees 28 minutes 30 seconds West for a distance of 152.12 feet to the said north right of way of West Drake Road; THENCE along the said north right of way, South 89 degrees 26 minutes 43 seconds East for a distance of 14.78 feet to the point of beginning. Containing 25626 square feet more'less. TOGETHER WITH: With the above described basis of bearings: Commencing at the southeast corner of the said Section 23; THENCE along the south line of the said southeast quarter, North 89 degrees 26 minutes 43 seconds West for a distance of 883.00 feet to the west right of way of the Burlington Northern Santa Fe Railroad; THENCE along the said west right of way, North 01 degrees 16 minutes 04 seconds East for a distance of 50. 00 feet to the north right Page 2 of 3 SKLD LG SKL10231 LR 7910-2005.008 EXHIBIT A of way of West Drake Road; THENCE continuing along the said west right of way, North 01 degrees 16 minutes 04 seconds East for a distance of 2193.10 feet; THENCE continuing along the said west right of way, along a curve to the right having a radius of 4347.28 feet a central angle of 05 degrees 07 minutes 02 seconds and an arc length of 388.26 feet, being subtended by a chord of North 03 degrees 52 minutes 59 seconds East for a distance of 388.13 feet; THENCE continuing along the said west right of way, North 06 degrees 29 minutes 53 seconds East for a distance of 46.36 feet to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE continuing along the said west right of way, North 06 degrees 29 minutes 53 seconds East for a distance of 443 .96 feet to the north line of that certain tract of land as described in a Special Warranty Deed recorded July 2, 1998 at Reception No. 9BOS5602 records of the Clerk and Recorder of Larimer County; THENCE along the said north line, North 87 degrees 59 minutes 21 seconds West for a distance of 15.64 feet; THENCE leaving the said north line, South 07 degrees 32 minutes 01 seconds West for a distance of 441.18 feet; THENCE along a curve to the left having a radius of 1590.00 feet a central angle of 00 degrees 03 minutes 33 seconds and an arc length of 1.64 feet, being subtended by a chord of South 07 degrees 30 minutes 14 seconds West for a distance of 1.64 feet; THENCE South 83 degrees 31 minutes 17 seconds East for a distance of 23:59 feet to the point of beginning. Containing 8684 square feet more less. The above described tracts contains a total of 34310 square feet more less. 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 Page 3 of 3 SKLD LG SKL10231 LR 7910-2005.009 .5UTu3FiE�, , 4 .,,f ..M.'AS . ilef:fa�t.F.m.NYa'fl+I�➢OCIIO�F:. 2:�9f':?.0RRtTRRf fNAAOtG�N11C4 uTCw.Q �.R x. i."�� G C � . NORTH LINE EXHIBIT B W. DRAKE RD. SKLD LG SKL10231 LR 7910-2005.010 _OCATION SKETCH ORADO STATE BOARD OF AGRICULTURE LINE AND CURVE TABLE FOR PERMANENT EASEMENT ONLY Course Bearing Distance L1 N 01'16'04' E 50.00' L2 N 01'16'04' E 2193.10' L3 S 85*20147' W 10.85' L4 S 01'14'06' V 63.24' LS N 90TWOO' W 39,50, L6 S 01,191331 W 20.01' L7 N 90'00'00' E 38,53' LB S 01'14100' W 573,B1' L9 N 90'0010D' V 40.94' LIO S 01'20'42' W 20,01' LII N 90'00'00' E 40.98' L12 S 01'14'08' W 694.63' L13 N 9D'00'OD' W 43.93' L14 S 01'26'00' W 20.01' LLS S 90'00'00' E 43,32' L16 S 01,14108' W 108.05, L17 S 00'50'30' W 270,25, LIB S 90'00'00' W 47.57' Ll9 S 01.22'59' V 20.01' L20 N 90'00'00' E 37,76' L21 S 00.50'30' V 43.42' L22 N 90,00100' E 10.00' L23 S 00.50'30' V 66.13' L24 S 03,28130' W 152.12' L25 S 89'26'43' E 14.78' L26 N 06'29153' E 46.36' L27 N 06'29'53' E 443.96' L28 N 87'59'2l' W 15.64' L29 S 07'32'01' W 441.18' L30 S 83.31'17' E 23.59' Curve Radius Length Delta Cl 4347.28' 17.66' 0'13158' C2 159040' 1.64' 0.03,33, C3 3010,00' 138.34' 2'38'00' C4 4347.28' 370.60' 04.53'04' N NTS SEPT. 15. 2004 THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY. AND 00 NOT REPRESENT A MONUMENfED BOUNDARY SURVEY. SE CORNER 23-7-69 N:\CLP\ Wrc\M SCMASf FA. DWC 1 amount charged by these subcontractors exceeds the rates listed in Exhibit "C" the excess amount shall not be paid or owed by the City. The limitation on increases in prices set forth in section 4 herein shall apply to all rates listed in Exhibit "C" including subcontractor rates. 7. Final payment shall be made following acceptance of the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. 8. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 9. Proiect Drawings. Upon conclusion of the project and before final payment, the Professional shall provide the City with reproducible drawings of the project containing accurate information on the project as constructed. Drawings shall be of archival, prepared on stable mylar base material using a non -fading process to provide for long storage and high quality reproduction. "CD" disc of the as -built drawings shall also be submitted to the owner in and AutoCAD version no older then the established city standard. 10. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a written report of the status of the work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 12. Personal Services. It is understood that the City enters into this Agreement based Standard Professional Services Agreement- rev 09/01/06 EXHIBIT C DESCRIPTION OF THE COLORADO STATE BOARD OF AGRICULTURE TEMPORARY CONSTRUCTION EASEMENT FOR THE MASON TRANSPORTATION CORRIDOR TRAIL Two Temporary Construction Easements for the Mason Transportation Corridor Trail located in the East half of Section 23, 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 23 as bearing North 89 degrees 26 minutes 43 seconds West between a 3" Aluminum Cap Monument LS 17497 at the southeast corner and a 3.25" Aluminum Cap Monument LS 20123 at the south quarter corner of Section 23, based upon G.P.S. survey, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 23; THENCE along the south line of the said southeast quarter, North 89 degrees 26 minutes 43 seconds West for a distance of 883.00 feet to the west right of way of the Burlington Northern Santa Fe Railroad; THENCE along the said west right of way, North 01 degrees 16 minutes 04 seconds East for a distance of 50. 00 feet to the north right of way of West Drake Road; THENCE along the said north right of way, North 89 degrees 26 minutes 43 seconds West for a distance of 14.78 feet to the westerly line of the proposed Permanent Easement to be granted to the said City and to the TRUE POINT OF BEGINNING of this description; THENCE along the said proposed west line the following twenty two (22) courses and distances, (1), North 03 degrees 28 minutes 30 seconds East for a distance of 152.12 feet; (2) along a curve to the left having a radius of 3010.00 feet a central angle of 02 degrees 38 minutes 00 seconds and an arc length of 138.34 feet, being subtended by a chord of North 02 degrees 09 minutes 30 seconds East for a distance of 138.33 feet; (3) North 00 degrees 50 minutes 30 seconds East for a distance of 86.13 feet; (4)North 90 degrees 00 minutes 00 seconds West for a distance of 10.00 feet; (5)North 00 degrees 50 minutes 30 seconds East for a distance of 43.42 feet; (6) South 90 degrees 00 minutes 00 seconds West for a distance of 37.76 feet; (7)North 01 degrees 22 minutes 59 seconds East for a distance of 20.01 feet; (8) North 90 degrees 00 minutes 00 seconds East for a distance of 47.57 feet; (9)North 00 degrees 50 minutes 30 seconds East for a distance of Page 1 of 4 SKLD LG SKLI0231 LR 7910-2005.011 EXHIBIT-C 270.25 feet; (10)North 01 degrees 14 minutes 08 seconds East for a distance of 108.05 feet; (11)North 90 degrees 00 minutes 00 seconds West for a distance of 43.32 feet; (12)North 01 degrees 28 minutes 00 seconds East for a distance of 20.01 feet; (13) North 90 degrees 00 minutes 00 seconds East for a distance of 43.23 feet; (14)North 01 degrees 14 minutes 08 seconds East for a distance of 694.63 feet; (15) South 90 degrees 00 minutes 00 seconds West for a distance of - 40.98 feet; (16) North 01 degrees 20 minutes 42 seconds East for a distance of 20.01 feet; (17)North 90 degrees 00 minutes 00 seconds East for a distance of 40.94 feet; (18) North 01 degrees 14 minutes 08 seconds East for a distance of 573.81 feet; (19) South 90 degrees 00 minutes 00 seconds West for _ a distance of 38.53 feet; (20) North 01 degrees 19 minutes 35 seconds East for a distance of 20.01 feet; (21)North 90 degrees 00 minutes 00 seconds East for a distance of 38.50 feet; (22) North 01 degrees 14 minutes 08 seconds East for a distance of 63.24 feet; THENCE leaving the said proposed line, South 85 degrees 20 minutes 47 seconds West for a distance of 20.11 feet; THENCE South 01 degrees 14 minutes 08 seconds West for a distance of 51.60 feet; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 28.48 feet; THENCE South 01 degrees 19 minutes 35 seconds West for a distance of 40.01 feet; THENCE North 90 degrees 00 minutes 00 seconds East - for a distance of 28.54 feet; THENCE South 01 degrees 14 minutes 08 seconds West for a distance of 553.80 feet; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 30.92 feet; THENCE South 01 degrees 20 minutes 42 seconds West for a distance of 40.01 feet; THENCE North 90 degrees 00 minutes 00 seconds East for adistance - of 31.00 feet; THENCE South 01 degrees 14 minutes 08 seconds West for a distance Page 2 of 4 SKLD LG SKL10231 LR 7910-2005.012 EXHIBIT C \ of 674.62 feet; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 33.19 feet; THENCE South 01 degrees 28 minutes 00 seconds West for a distance of 40.01 feet; THENCE South 90 degrees 00 minutes 00 seconds East for a distance of 33.35 feet; THENCE South 01 degrees 14 minutes 08 seconds West for a distance of 97.6E feet; THENCE South 00 degrees 50 minutes 30 seconds West for a distance of 260.61 feet; THENCE North 90 degrees 00 minutes 00 seconds West for a distance of 37.48 feet; THENCE South 01 degrees 22 minutes 59 seconds West for a distance of 40.01 feet; THENCE North 90 degrees 00 minutes 00 seconds East for a distance of 37.86 feet; THENCE South 00 degrees 50 minutes 30 seconds West for a distance of 119.26' feet; THENCE along a curve to the right having a radius of 2990.00 feet a central angle of 02 degrees 38 minutes 00 seconds and an arc length of 137.42 feet, being subtended by a chord of South 02 degrees 09 minutes 30 seconds West for a distance of 137.41 feet; THENCE South 03 degrees 28 minutes 30 seconds West for a distance of 153.14 feet to the said north right of way of West Drake Road; THENCE along the said north right of way, South 89 degrees 26 minutes 43 seconds East for a distance of 20.03 feet to the point of beginning. Containing 45555 square feet more less. TOGETHER WITH: With the above described basis of bearings: Commencing at the southeast corner of the said Section 23; THENCE along the south line of the said southeast quarter, North 89 degrees 26 minutes 43 seconds West for a distance of 883. 00 feet to the west right of way of the Burlington Northern Santa Fe Railroad; THENCE along the said west right of way, North 01 degrees 16 minutes 04 seconds East for a distance of 50.00 feet to the north right of way of West Drake Road; THENCE continuing along the said west right of way, North 01 degrees 16 minutes 04 seconds East for a distance of 2193.10 feet; THENCE continuing along the said west right of way, along a curve to the right having a radius of 4347.28 feet a central angle of 05 degrees 07 minutes 02 seconds and an arc length of 388.26 feet, being subtended by a chord of North 03 degrees 52 minutes 59 seconds East for Page 3 of 4 SKLD LG SKL10231 LR 7910-2005.013 EXHIBIT C a distance of 388.13 feet; THENCE continuing along the said west right of way, North 06 degrees 29 minutes 53 seconds East for a distance of 46.36 feet to the southerly line of the said proposed Permanent Easement to be granted to the City; THENCE leaving the said right of way and along the said proposed southerly line, North 83 degrees .31 minutes 17 seconds West for a distance of 23.59 feet to the westerly line of the said proposed Permanent Easement to be granted to the said City and to the TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE along the said proposed westerly line, along a non -tangent curve to the right having a radius of 1590. 00 feet a central angle of 00 degrees 03 minutes 33 seconds and an arc length of 1.64 feet, being subtended by a chord of North 07 degrees 30 minutes 14 seconds East for a distance of 1.64 feet; THENCE continuing along the said proposed line, North 07 degrees 32 minutes 01 seconds East for a distance of 441.18 feet to the north line of that certain tract of land as described in a Warranty Deed recorded July 2, 1998 at Reception'No. 98055602 records of the Clerk and Recorder of Larimer County; THENCE along the said north line, North 87 degrees 59 minutes 21 seconds West for a distance of 20.09 feet; THENCE leaving the said north line, South 07 degrees 32 minutes 01 seconds West for a distance of 439.24 feet; THENCE along a curve to the left having a radius of 1610. 00 feet a central angle of 00 degrees 04 minutes 18 seconds and an arc length of 2. 01 feet, being subtended by a chord of South 07 degrees 29 minutes 52 seconds West for a distance of 2.01 feet; THENCE South 83 degrees 31 minutes 17 seconds East for a distance of 20.00 feet to the point of beginning. Containing 8841 square feet more less. The above described tracts contains a total of 54396 square feet more less. 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 560 FORT COLLINS, CO 80522 Page 4 of 4 SKLD LG SKLIC231 LR 7910-2005.014 SCOTT DOYLE, CLERK II'III11111111111 IIIII�I'II'I�"I111 LARIMER COUNTY CO RCPTN# 2005-0099229 12:59,3405 PAGES - 12 FEE $61.00 DOC $0.00 0527488 Non -Exclusive Easement Agreement Trail Easement This�,2005,by"and �llia mentAgreemenit 4$(Agreement) is entered into this (a � day of between the Board of Governors of 60 8t8ft Untvers y System, by and through Colorado State University, whose address is 309 Administration Building, Colorado State University, Fort Collins, Colorado 80523 (the "Board") a ;, Clty of Fort Collins, a,Colorado Municipal Corporation, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521 ("Grantee"). I . aMnf Aim Exclusive Easement by the Board: Consideration, Description and Purpose. In exchange for the promises of the Board and the Grantee as set forth in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the terms herein. The and convey0ol the titema pemanent non-exclusive easementin.gOnswer the land of the Board more MMOplefly:described in Exhibit A, and generally shown in Exhibit &(Permanent Easement). Exhibits A and B are attached hereto and are incorporated herein by this reference. This Permanent Easement is granted for the purpose of 10j i t fepair and maintenance of ev W bicycleand Mdestrian traiWthe "Trail") and s iia$d.faeilitir& along the rail road , f way on Mason Street.. 1.1. Access. During the term of this Agreement and subject to all provisions in paragraph 2 herein, Grantee shall have access at all times to the Permanent Easement,for construction, repair, and maintenance of the storm drainage facilities, and Trail constructed or installed under this Agreement. L2. Construction Easement. The Board grants to the Grantee a ' ` It}h easement for purposes of initial installation of the storm drainage facilities and the sTrail, and Grantee's access and construction shall be confined to the property described on Exhibit C attached hereto and by this reference made a part hereof (Construction Easement) and the Permanent Easement, The Grantee will assure that all gates accessed are closed and secured, and any fencing disturbed during access or construction is repaired or replaced. The Construction Easement shall4loftiopon completion of installation of the Trail and the storm drainage facilities, but in any event dater than July 31.2006 1.3. Other Uses. Grantee acknowledges that the "ltslrnrte described in Exhibits A and B is intended to accommodate and will be i-:lftc oomwients*in gross to other grantees. Grantee agrees to cooperate with the Board and the recipients of other easements in the construction, installation, and maintenance of the Permanent Easement. 2. Agreement of Grantee. In exchange for the Board's grant of the Construction Easement and the Permanent Easement, to ft fallowing terms 2.1. Survev. The Grantee agrees that all documents, plats and descriptions as are attached hereto as exhibits are the result of surveys engaged by the Grantee at its sole expense for the purpose of surveying the boundaries for the Permanent Easement, and the Board CITY OF FORT GOLUNS Page 1 of 6 C,_tlt;%s :Co $rot21 SKLD LG SKL10231 LR 89229-2005.001 !% assumes no responsibility for the accuracy of such survey obtained by the Grantee nor for damages resulting from inaccuracies. 2.2. Environment and Character of Land. Any work or activity undertaken by Grantee in connection with this Agreement shall be so planned, designed and carried out as to interfere as little as reasonably possible with the character and appearance of the nearby land and the surrounding environment, including its aesthetic character. 2.3. Drawings and Specifications. Drawings and specifications for any work or construction contemplated in this Agreement shall be submitted to the Board or its representative for approval prior to commencement of any work. Such review and approval shall be solely for the purpose of determining whether or not the proposed improvements are consistent with the rights granted in this Agreement, and any approval by the Board shall not be construed as expanding such rights, or as an approval of the technical merits or adequacy of the improvements. The Grantee shall be solely responsible for performing the work or construction in accordance with the rights granted herein and for any liability arising from the performance of such work. 2.4. Consent for Work. Except in cases of emergency, .obtain tie OdtW consent of the Board or its representative before undertaking any work or activity within thr.Permanent Easement or the Construction Easements Such consent shall not be unreasonably withheld. .-VO44 to the -Permanent Easement --or the Construction Easement` ft'fttee!s construction, repair, or maintenance of the facilities constructed or erected in rdartce with this Agreement shall be by route or routes reasonably designated by the Board. 2.5. Costs to be Borne by Grantee. All costs incurred in connection with any work, construction, restoration, maintenance, and facilities contemplated in this' Agreement shall be borne entirely by the Grantee. 2.6. Restoration. After completion of any work undertaken in connection with this Agreement (whether the work involves original construction or later repair, maintenance or demolition), Grantee shall, with the exception of the Trail and storm drainage improvements, restore the land and any improvements thereon to the condition immediately prior to such work. 2.7. Other Uses. The Board shall prohibit all other uses of the Permanent Easement unless the University determines that it is incidental, necessary to the intended purpose of the easement, and not inconsistent with the Grantee's rights to use the easement granted. 2.8. Maintenance. As a condition of continued use of this Permanent Easement, Grantee shall properly maintain all storm water facilities and the Trail erected or installed by Grantee in connection with this Agreement. The Board may, after written notice to Grantee, so maintain such storm water facilities and Trail at Grantee's cost upon any failure by Grantee to properly maintain as required hereunder. 2.9. Indemnification. Not applicable. Page 2 of 6 SKLD LG SKL10231 LR 89229-2005.002 2.10. Compliance with Rules and Regulations. Grantee will comply with all reasonable rules and regulations regarding the use of the land which have been or may be adopted by the Board, to the extent such compliance does not unreasonably interfere with Grantee's use of the land as contemplated in this Agreement. 2.11. Removal of Access Routes and Work Areas. , f 4VA;;& V the Construction Easement and the Permanent Easement and work areas used for construction, repair, maintenance or removal shall be° _ as necessary, and, after completion of any work, Grantee shall destroy and remove them, restoring the land in the manner provided in paragraph "p . herein. 3. Rights Reserved by the Board. The Board reserves all rights (including mineral rights) in the Permanent Easement,.and the right to occupy and use it for all purposes not inconsistent with the rights granted herein to the Grantee. 3.1. Continuous Use Right of Entry for Condition Broken. This Agreement is conditional on Grantee's continuous use of the Permanent Easement for the purposes described herein, and if the Grantee shall cease to use the Permanent Easement for the described purposes, the Board shall have the right to re-enter the said unused premises and terminate this Agreement after having given notice of the Board's election to so terminate in the manner specified in this Agreement. To enforce this provision, the Board may, but is not required to bring an action for ejectment or an equivalent action. 3.2. Sale Lease or Other Easement. The Board may grant other easements within the Permanent Easement, so long as Grantee's use of the Permanent Easement is not unreasonably impaired. The Grantee shall not grant any easements within or other rights to use the Permanent Easement. 3.3. Right to Relocate. The Board reserves the right, at the Board's cost, to relocate this Permanent Easement and any improvements constructed by Grantee hereunder so long as such relocation does not adversely impact the purpose of the Permanent Easement and the performance of said improvements. 4. Other Terms and Conditions. The parties agree to the following additional terms and conditions: 4.1. Prior Easements. This Permanent Easement is granted subject to all easements, rights -of -way, and other matters of record, and those previously granted and now in force and effect. The Board makes no warranties or representations as to matters of title. 4.2. Additional Use. Use of the Permanent Easement for any purpose or facilities not specified herein shall require written consent of the Board, or its designee, and prior amendment of this Agreement, executed in the same manner as this Agreement. 4.3. Non -Assignability. This Agreement is not assignable by the Grantee. Page 3 of 6 SKLD LG SKL10231 LR 89229-2005.003 4.4. Successors. Subject to the limitations on assignment set forth in paragraph 4.3 herein, this Agreement shall be binding on the parties' legal successors. 4.5 Third Party Beneficiary: It is eypressly understood and agreed that the enforcement and conditions of this Agreement and all rights contained herein relating to enforcement, shall be strictly reserved to the Board and the Grantee. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person or entity. It is the express intention of the Board and the Grantee that any such person or entity, other than the Board or the Grantee, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 4.6 Sovereign immunity: Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et sea., C.R.S., as now or hereafter amended. The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of a party, its departments, agents, officials and employees is controlled d and theby the provisions of riskSection k management statutes,Sect on 24-330-1501, et s C.R.S.. C.R.S. now or hereafter amend as now or here after amended. 4.7. Representatives and Notice. For the purposes of this Agreement, the parties designate the following persons as their representatives and list the following addresses for the delivery or mailing of notices and other communications: Representative for the Grantee: City Manager City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Representative for the Board: CSU Real Estate Office 1421 South College Ave Colorado State University Fort Collins, CO 80524 with copy to: Real Estate Services Manager City of Fort Collins P, 0. Box 580 Fort Collins, CO 80522 with copy to: General Counsel 202 Administration Building Colorado State University Fort Collins, CO 80523 Any notice required or desired to be given under this Agreement shall be delivered or mailed by certified mail to the addresses listed above. 5. Jurisdiction. The laws of the State of Colorado and the rules and regulations plied in the interpretation, execution, and enforcement of this issued pursuant thereto shall be ap Agreement. Any provision of this Agreement, whether or not incorporated herein by reference, that provides for arbitration by any extra judicial body or person or which is otherwise in conflict Page 4 of 6 SKLD LG SKL10231 LR 89229-2005.004 with said laws, rules and regulations shall be considered null and void. Nothing contained in any provision incorporated herein by reference which purports to negate this or any other special provision in whole or in part shall be valid or enforceable or available in any action at law whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision will not invalidate the remainder of this Agreement to the extent that the agreement of the parties is capable of execution. 6. No Corrupt Influences. The signatories hereto aver that they are familiar with C.R.S. 18-8-301 et seq. (Bribery and Corrupt Influences) and C.R.S. 18-8-401 et seq. (Abuse of Public Office), as may be amended from time to time, and that no violation of such provisions is present. 7. No Beneficial Interest. The signatories hereto aver that to their knowledge, no State employee has any personal or beneficial interest in the property described herein. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year written above. GRANTEE: City of Fort Collins, a Colorado municipal c oration By: City anager STATE OF COLORADO ss COUNTY OF LARIMER ) wledged``before me this clay oSf 2005 by� e The foregoing instrument was ackno 'c and ��r��d+- i`� `� _ as City Manager and City Clerk of the Ci of Fort Collins, Colorado, Grantee. My commission expires �v tEMAss m li d at1111 i// Mcial seal N. QQ,•••.. ?2 .0 G �rgrF OF ,0�o Page 5 of 6 Notary Public SKLD LG SKL10231 LR 89229-2005.005 The Board of Governors of the CSU System for the use and benefit of Colorado State University By: 4.2tp Q��— Keith Ickes, Vice President for Administrative Services APPROVED: By:rn1 Donna W. Aurand Interim General Counsel STATE OF COLORADO ) ) ss COUNTY OF LARIMER ) The foregoing instrument was acknowledged before me this day of ad „ 2005 by Keith Ickes, Vice President for Administrative Services for the Board of Governors of the Colorado State University System. My commission expires O —� Witness my hand and official seal. 5� C�RD�` Q�: �TAIq•;9 Notary Public 'o IJB 9�F 0F.00\,0 Page 6 of 6 SKLD LG SKL10231 LR 89229-2005.006 on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 13. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 14. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 15. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 17. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Standard Professional Services Agreement- rev 09/01/06 4 --- PAGE I OF I EXHIBIT A DESCRIPTION OF THE COLORADO STATETAT ION CORRIDORR PERMANENT TRAIL EASEMENT FOR THE MASON TRANSPOR Township City of Fort A Permanent Easement OftheSixth Principal Meridian, 2 , 7 North Range 69 Wes articularly described as Collins, Larimer County, Colorado, being more p follows; Considering the south line of the southeast quarter of the said Section 23 as bearing North 89 degrees 26minutes 43 seastcondcorneWest between r a d a 3 25" Aluminum Cap Monument LS 1749at the he south quarter corner of Section Aluminum Cap Monument S20123at with all be contained herein 23, based upon G.P.S. relative thereto; Commencing at -the southeast corner of the said Sectionua ter, THENCE along the sodistance North uth line of the said southeast q et to 89 degrees 26 minutes 43 secoedBurlingtons West for aNarthern Santa Fe Railroad; the west right of way of th North of degrees 16 THENCE along the said west right of way, minutes 04 seconds East for a distance of 2243.11 =_eet; a curve THENCE continuing along the said west right of way, of 00 to the right having a radius of 4347.28 feetof central 66 feetangle being degrees 13 minutes 58 seconds and an arc length subtended by a chord of North o degrees he TRUE POINT minutOF BEGINNING OF THIS es 277 seconds East for a distance of 17.66 feet t DESCRIPTION; rt of way, along a curve THENCE continuing along the said of 4347w28tfeet,a central angle of 04 to the right having th of 370.60 feet, being degrees 53 minutes 04 seconds and ac59 m lenn utes 58 :seconds East for subtended by a chord of North 03 degrees a distance of 370.49 feet; the said west right of way, North 06 THENCE continuing along 46.36 feet; degrees 29 minutes 53 seconds East of way, North 63 degrees 31 minutes THENCE leaving the said right 17 seconds West for a distance e of 23.59 feet; nt curve to the left having a radius of THENCE along a non -tang angle of 06 degrees 14 minutes 20 seconds an an 1590 .00 feet a central 173.14 feet, being subtended by a chord of South 04 arc length offor degrees 21 minutes 18 se es a 14 minutes 08seconds West for a distance THENCE South 01 degre of 246.69 feet; rees 20 minutes 47 seconds East for a distance THENCE North 85 de int of beginning . Containing '7255 square feet of 10.85 feet to the p more less. state that the above description was prepae red by me and is I hereby knowledge, belief and true and correct to the best of my Professional knowlreviously recorded plats and opinion. The description is based upon p deeds and not upon a actual field survey. WALLACE C. MUSCOTT COLORADO P.L.S. 17497 P.O. BOX 580 FORT COLLINS, CO 80522 SKID I,G SKLI0231 LR 89229-2005.00-7 -- - -- EXHIBIT B TEMP. CONST. ESM'T. FOR MASON TRANSPORTATION Course Bearing Distance Ll N 06-2953- E 46.36' 1-2 N 83'31,17' W 23.59' L3 N 83-31'171 \4 20.00, L4 S 01'14'08' W 246.69 L5 S 01 .14'08' W 248.761 L6 N 85'20'47' E 20.11, L7 N 85.20'47' E 10.85, Curve Radius Length Delta Cl 4347.28' 17,66' 00-13'58- C2 4347.28- 370.60' 04*531041 S C3 1590.00' 173.14' 06.14'2!0' C4 1610.00' 174.97' 06-23-3 PAGE I OF I LOCATION SKETCH COLORADO STATE BOARD OF AGRICULTURE ( AQUEST LEASE AREA ) 3 L2! LL. MASON �'� TRANSPORTATION 4 CORRIDOR TRAIL EASEMENT 7255 SO. FT. ail ra NTS .5 J SEPT. 10, 2004 BNSF ROW = 50' TEMP. CONST. ESM'T.= PERM, ESM'T.® 0 >- < m j 8 cu Iz SE CORNER 23-7-69 DEAKE ROAD 50.00' ROW W. DRAKE RD. THIS SKETCH AND THE AREAS SHOWN DEPICT THE ATTACHED PROPERTY DESCRIPTION ONLY, AND DO NOT REPRESENT A MONUMENTED BOUNDARY SURVEY. SKLD LIS SKI-1 02 31 LR 89229-2005.008 H:\CLP\WTC\MSCLV.STER2.DWO PAGE I OF 2 _ EXHIBIT C ORAY DESCRIPTION OF THE OL O� HE STATEBOARD OTRANSPORTATIONAGRICULTURE P CORRIDORTTRAIL CONSTRUCTION EASEM A Temporary Construction Easement located in the East half of Section - 23, Township 7 North Range 69 West of the Sixth Principal Meridian, Coloradobeing more particularly City of Fort Collins, Larimer County, , described as follows; Considering the south line of the southeast quarter of the said Section 23 as bearing North 89 degrees 26 minutes 43 seconds West between a 3" Aluminum Cap Monument LS 17497 at the southeast corner and a 3.25" Aluminum Cap Monument LS 20123 at the south quarter corner of Section 23, based upon G . P . S . survey, and with all bearings contained herein relative thereto; Commencing at the southeast corner of the said Section 23; North THENCE along the south line of the said southeast quarter, 89 degrees 26 minutes 43 seconds West for a distance of 883.00 feet to the west right of way of the Burlington Northern Santa Fe Railroad; THENCE along the said west right of way, North O1 degrees 16 minutes 04 seconds East for a distance of 2243.11 feet; THENCE continuing along the said west right of way, along a curve to the right having a radius of 4347.28 feet a central angle of 00 degrees 13 minutes 58 seconds and an arc length of 17.66 feet, being subtended by a chord of North 01 degrees 26 minutes 27 secod Permanent East for a distance of 17.66 feet to the south line of a proposeranted to Easement For The Mason Transportation Corridor Trail to be g the said City; South 85 degrees 20 THENCE along the said proposed south line, ance of ne minutes 47 seconds a Pe or a dis Easement tlando. 5t e heet oTRUE POINT the west 10F of the said proposed BEGINNING OF THIS DESCRIPTION; ed west line, North 01 degrees 14 THENCE along the said propos minutes 08 seconds East for a distance of 246.69 feet; THENCE continuing along the said proposed west line, along a curve to the right having a radius of 1590.00 feet a central angle of 06 degrees 14 minutes 2oths04 degreesarc 2l m n tes 18 seconds Eastefor subtended by a chord of No a distance of 173 - 05, feet; line, non- tangent from the THENCE leaving the said proposed west previous curve, North 83 degrees 31 minutes 17 seconds West for a distance of 20.00 feet; THENCE along a non -tangent curve to the left having a radius of 1610.00 feet a central angle of 06 degrees 13 minutes 36 seconds and an arc length of 174.97 feet, being subtended by a chord of South 04 degrees 20 minutes 55 seconds West for a distance of 174.88 feet; Page 1 of 2 SKLD LG SKL10231 LR 89229-2005.009 EXHIBIT C PAGE 2 OF 2 THENCE South 01 degrees 14 minutes 08 seconds West for a distance of 248.76 feet; THENCE North 85 degrees 20 minutes 47 seconds East for a distance of 20.11 feet to the point of beginning. Containing 8436 square feet more less. 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. 1749-7 p.0. BOX 580 FORT COLLINS, CO 80522 Page 2 of 2 SKLD LG SKL10231 LR 89229-2005.010 ,1uxC•_�^.^4-.�,�ry.,� :: ;� :., .��u� �._ -. �; ..� -.�' � ,.:d:. � ��:�i. �Y F1 i�t.:1".. .:.ii .:t.�'34Q:R.FRLIR'RiPRRUttRM'IRI.Ti.illNi.-�4MudY 'it-d�.e�— _..APR- .:.. __ CONSENT OF GROUND LESSEE (NRRC-C) Acquest Government Holdings U.S. Geological, LLC, a New York limited liability company, as tenant under that certain Ground Lease Agreement dated as of May 1, 2001 and concerning which a Memorandum of Lease dated as of May 1, 2001 was recorded on August 20, 2001 at Reception No. 2001072503 of the real property records of Larimer County, Colorado (the "Records"), as amended by a First Amendment to Ground Lease and Memorandum of Lease dated as of August 8, 2002 and recorded November 26, 2002 at Reception. No. 2002127548 of the Records, as further amended by a Second Amendment to Ground Lease and Memorandum of Lease dated as of November 14, 2003 and recorded November 25, 2003 at Reception No. 2003- 0148186 of the Records (collectively, the "Ground Lease"), hereby consents to the foregoing Non -Exclusive Easement Agreement and subordinates all of its right, title and interest as tenant under the Ground Lease in and to the land demised under the Ground Lease to the right, title and interest of the above -described- Grantee in and to the above -described Permanent Easement pursuant to the foregoing Non -Exclusive Easement Agreement, ACQUEST GOVERNMENT HOLDINGS U.S. GEOLOGICAL, LLC, a New York limited liability company_ --, n By: �� y Manager. STATE OF v� ) COUNTY OF�� ) The oregoing instrument was subscribed and sworn to before me this day of of m 200� by .� �� '� T� [''°SS as Acquest overnment Holdings U.S. Geological; LLC, a New York limited liability copany. Witness my hand and official seal. My commission expires: Notary Page 7 of 8 lic LOUIS C. Notary Public Stft of New York Qualified In Erie 5 My Commission expires Aug. 3 ,..�: SKLD LG SKL10231 LR 89229-2005.011 ,- 1 CONSENT OF LEASEHOLD MORTGAGE (NRRC-C) Wells Fargo Bank Northwest, NA as assignee of the beneficiary under that certain Leasehold Deed of Trust, Security Agreement, Assignment of Leases and Rents and Fixture Filing dated as of November 20, 2003, (the "NRRC-C Deed of Trust"), hereby consents to the foregoing Non -Exclusive Easement Agreement and subordinates all of its right, title and interest in and to land encumbered by the NRRC-C Deed of Trust to the right, title and interest of the above -described Grantee in and to the above -described Permanent Easement pursuant to the foregoing Non -Exclusive Easement Agreement. WELLS FARGO BANK NORTHWEST, as Trustee By: Name: Janeen R. Higgs Title: Vice President STATE OF UTAH COUNTY OF SALT LAKE CITY The foregoing instrument was subscribed and sworn to before me this 13`h day of June, 2005, by Janeen R. Higgs as Vice President of Wells Fargo Bank, Northwest. Witness my hand and official seal. My commission expires: ~.� NOTARY PURL C —I ggC RMYSTASL gLEVEE RLEY 2SAPT L KN CITY, T4 84111Ri My Commission Expires Nov. 18. 20081 1-a_._ ......_—_ Slet@of Utah Page 8 of 8 SKLD LG SKL10231 LR 89229-2005.012 RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 1 OF 16, R $86.00 TD Pgs: 0 Scott Doyle, Larimer County, CO Non -Exclusive Easement Deed and Agreement Pedestrian Bridge Easement i /,This Non -Exclusive Easement Deed and Agreement (Agreement) is entered into this �4b day of .L- , 2011, by and between the Board of Governors of Colorado State University System, by and through Colorado State University, whose address is 01 Administration Building, Colorado State University, Fort Collins, Colorado 80523 ("Grantor") and the City of Fort Collins, a Colorado Municipal Corporation, whose address is 300 LaPorte Avenue, Fort Collins, Colorado 80521 (Grantee). 1 - Consideration Description and Purpose. In exchange for the promises of the Grantor and the Grantee as set forth to this Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to the terms herein. 1.1 Grantor's Pronerty. Grantor is the owner of that certain parcel of real property located in Larimer County, Colorado, which is legally described on Exhibit A, attached to and made a part of this Agreement (the "Property"). 1.2 Grant of Non -Exclusive Easement, Consideration. In exchange for consideration in the amount of TEN Dollars ($10.00), the promises of -the Grantor and Grantee as set forth in this Deed, and other good and valuable consideration, the receipt and sufficiency t of which are hereby acknowledged, the gross on, r/rand across' as raUWAM attached to and made a part of this Agreement (the "Permanent Easement"). This Permanent Easement is granted J0 and other related and incidental improvements, including storm drainage facilities (the "Improvements"), and for public access to the Improvements. 1.4. Construction Easement. as more particularly described on Exhibit C, attached to and made a part of this Agreement (the "TCE"). The Permanent Easement area and TCE area are collectively referred to herein as the "Easement Areas." Grantee's access and construction activities on the Property shall be confined to the Easement Areas. The Grantee will assure that all gates accessed are closed and secured, and any fencing disturbed during access or construction is repaired or replaced. The TCE shall expire upon completion of installation of the Improvements, but in any eve 500• J Cf Y OF AEs CO-1_lN Page 1 of pC bUN 55v SKLD LG SKL10231 LR 25563-2011.001 RECEPTION#: 20110025563, 04/ 29/2011 at 11:23:37 AM, 2 OF 16, Scott Doyle, Larimer County, CO specific easements in gross to other grantees. 1.5. Other Uses. Grant �laecks acknowledges that the Permanent Easement described in Exhibit B will be subject to o P _ (a) within the Permanent Easement area prior to their conveyance, s of tor and the recipent (b) Grantee agrees tc cooperate n iinshl1G on, and maintenancle of the other easements in the constructio , Improvements. 1.6 Additional Ri hts of Grantee. (a) (b) the right to mark the location of the Easement Areas by suitable markers set in the ground. I A reement of Grantee. In exchangefo s to the following the Grantor's grant of the Permanent Easement and the TCE, Grantee agreeplats and descriptions as 2.1. Surve . The Grantee agrees that all document the Grantee at its sole arc attached hereto as exllibits are the result of surveys eng g ent Areas, and Y expense for the purpose of surveying the boundaries es of th Earem obtained by e Granteetlnor for tor exp o f such assumes no responsibility for the accuracy damages resulting from inaccuracies. work or activity undertaken by 2.2. Environment and Character of Land. Any be so planned,designed and carved out as to Grantee in connection with this greement wi h the l character and appearance of the nearby land and interfere as little as reasonably Possible the surrounding environment, including its aesthetic character. work s and specifications for any 2.3. Drawin s and S ecifications. Drawing royal shall or construction contemplated in this Agreement shall be submitted to the Grantor or its representative for approval prior to comme cenlen ether or not the proposed mprove eit of any work. Such review a s are p purpose of determining whether royal by the Grantor shall not be solely for the pure Bement, and any approval consistent with the rights granted in this Agr the work a construction in nstrued as expanding such rights. Grantor's approval shall not be unreasonably delayedof r be co performing nstruc withheld. The Grantee shall be so herein and foreany ability arising from the performance accordance with the rights granted such work. Grantee shall obtain the 2A, Consent for Work. Except in cases de taki emergency, Grantee or activity within Such consent shall not be unreasonably delayed or withheld. Drawings and prior consent of the Grantor or its representative before undertaking any the Easement Areas. Page 2 of 7 SKLD LG SKLI0231 LR 25563-2011.002 •casrra r .sass c c :�:;; :-.. �euut�a:weuw�zmvufi-- RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 3 OF 16, Scott Doyle, Larimer County, CO specifications for major repair work contemplated in this Agreement shall be submitted to the Grantor or its representative for approval prior to commencement of any work. Such review and approval shall be for the purpose of determining whether or not the proposed improvements are consistent with the rights granted in this Agreement, and any approval by the Grantor shall not be construed as expanding such rights, or as an approval of the technical merits or adequacy of the improvements. The Grantee shall be solely responsible for performing the work or construction in accordance with the rights granted herein and for any liability arising from the performance of such work. All access routes to the Easement Areas for Grantee's construction, repair, or maintenance of the Improvements shall be by route or routes reasonably designated by the Grantor. 2.5. Costs to be Borne by Grantee. All costs incurred in connection with any work, construction, restoration, maintenance, and facilities contemplated in this Agreement shall be borne entirely by the Grantee. 2.6. Restoration. After completion of any work undertaken in connection with this Agreement (whether the work involves original construction or later repair, maintenance or demolition), Grantee shall restore the land and any improvements thereon to a condition comparable to the condition immediately prior to such work, unless Grantor requests that the Grantee leave the Improvements in their existing condition. 2.7. Other Uses. Grantor reserves the right to use the Permanent Easement for purposes which will not interfere with Grantee's full enjoyment of the rights hereby granted. Grantor will not: (a) erect or construct any structure or improvement; (b) drill or operate any well; (c) construct any reservoir or impoundment or other obstruction; (d) install or plant any trees or woody shrubs; (e) change the ground level in the Permanent Easement; or otherwise improve the Permanent Easement. 2.8. Maintenance. As a condition of continued use of the Permanent Easement, Grantee shall maintain the Improvements in a condition consistent with other structures owned by the Grantee located on the property of the Grantor and with similar pedestrian overpass improvements owned, operated and maintained by Grantee elsewhere in Fort Collins. 2.9. Liabilit . Grantee shall be solely responsible, to the extent authorized by law, for its actions related to its use of the Easement Areas, including construction in the Easement Areas and the public's use of the Easement Area and any such improvements therein. Page 3 of 7 SKLD LG SKLI0231 LR 25563-2011.003 RECEPTION#: 20110023563, 04/29/2011 at 11:23:37 AM, 4 OF 16, Scott Doyle, Larimer County, CO 2.10. Compliance with Rules and Regulations. Grantee will comply with all reasonable riles and regulations regarding the use of the land which have been or may be adopted by the Grantor and provided to Grantee, to the extent such compliance does not unreasonably interfere with Grantee's use of the land as contemplated in this Agreement. 2.11. Removal of Access Routes and Work Areas. Routes of access to the Easement Areas shall be as few as necessary, and, after completion of any work, Grantee shall destroy and remove them, restoring the land in the manner provided in paragraph 2.6. herein. 3, Rights Reserved by the Grantor. The Grantor reserves all rights (including mineral rights) in the Permanent Easement, and the right to occupy and use it for all purposes not inconsistent with the rights granted herein to the Grantee. 3.1. Continuous Use Right of Entry For Conditions Broken. This Agreement is conditional on Grantee's continuous use of the Permanent Easement for the purposes described herein, and if the Grantee shall cease to use the Permanent Easement for the described purposes, Grantor shall have the right to re-enter the said premises and terminate this Agreement by bringing an action of ejectment or an equivalent action after having given notice of Grantor's election to so terminate in the manner specified in this Agreement. 3.2. Sale Lease or Other Easement. The Grantor may grant other easements within the Permanent Easement, consistent with the terms of this Agreement, so long as Grantee's use of the Permanent Easement is not unreasonably impaired. The Grantee shall not grant any easements within or other rights to use the Permanent Easement. 3.3. R l,,ht to Relocate. The Grantor reserves the right, at the Grantor's cost, to relocate this Permanent Easement and any of the Improvements so long as such relocation does not adversely impact the purpose of the Permanent Easement and the performance of said Improvements. 4. Other Terms and Conditions. The parties agree to the following additional terms and conditions: 4.1. Prior Easements. This Permanent Easement is granted subject to all easements, rights -of -way, and other matters of record, and those previously granted and now in force and effect. Grantee shall determine such other matters of record by independent means, ordered and paid for by Grantee. Grantor makes no warranties or representations as to matters of title. 4.2. Additional Use. Use of the Permanent Easement for any purpose or facilities not specified herein shall require written consent of the Grantor, or its designee, igee, and prior amendment of this Agreement, executed in the same manner as this Agreement. 4.3. Non- Assignability. The Permanent Easement may not be assigned or conveyed by the Grantee in any manner. Page 4 of 7 SKLD LG SKL10231 LR 25563-2011.004 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. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor shall: 1. Notify such subcontractor and the City within three days that Contractor has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Contractor shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that Standard Professional Services Agreement- rev 09/01/06 RECEPTION#: 20110025563, 04/29/2011 at 11:23:37 AM, 5 OF 16, Scott Doyle, Larimer County, CO 4.4. Successors. Subject to the limitations on assignment set forth in paragraph 4.3 herein, this Agreement shall be binding on the parties' legal successors. 4.5 Third Party Beneficiary. It is expressly understood and agreed that the enforcement and conditions of this Agreement and all rights contained herein relating to enforcement, shall be strictly reserved to the Grantor and the Grantee. Nothing contained in this Agreement shall give or allow any claim or right of action whatsoever by any third person or entity. It is the express intention of the Grantor and the Grantee that any such person or entity, other than the Grantor or the Grantee, receiving services or benefits under this Agreement shall be deemed an incidental beneficiary only. 4.6 Sovereign Immunity. Notwithstanding any other provision of this Agreement, no term or condition of this Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protection, or other provisions of the Colorado Governmental Immunity Act, Section 24-10-101, et seg., C.R.S., as now or hereafter amended, The parties understand and agree that liability for claims for injuries to persons or property arising out of negligence of a party, its departments, agents, officials and employees is controlled and limited by the provisions of Section 24-10-101, et seg., C.R.S. as now or hereafter amended and the risk management statutes, Section 24-30-1501, et sea., C.R.S. as now or here after amended. 4.7. Representatives and Notice. For the purposes of this Agreement, the parties designate the following persons as their representatives and list the following addresses for the delivery or mailing of notices and other communications: Representative for the Grantee: City Manager City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 Representative for the Grantor: Facilities Management Facilities Service Center North Colorado State University Fort Collins, CI 80523-6030 with copy to: Real Estate Services Manager City of Fort Collins P. O. Box 580 Fort Collins, CO 80522 with copy to: Office of the General Counsel 01 Administration Building Colorado State University Fort Collins, CO 80523-6030 Any notice required or desired to be given under this Agreement shall be delivered by hand or by commercial courier or mailed by certified mail to the addresses listed above. Page 5 of 7 SKLD LO SKLI0231 LR 25563-2011.005 the subcontractor has not knowingly employed or contracted with an illegal alien. F. Contractor shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department„) made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. G. If Contractor violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "D", consisting of eighteen (18) pages, attached hereto and incorporated herein by this reference. Standard Professional Services Agreement- rev 09/01/06 6 THE CITY OF FORT COLLINS, COLORADO ART Cp By: Z—. OFF••••••••.�� a s B. O'Neili il, CPPO, FNIGP `.A. •;%v, Directo urchasing & Risk Management U; SEAL DATE: D A EST: C ••.. r erk APPR D AS Tzzewl Assist nt City tt ney Felsburg, Holt Ullevig By: 1 Title: Fy' I6 CORPORATE PRESIDENT OR VICE PRES ENT Date: I lco J• � `'k (Corporate Seal) nci r : • Standard Professional Services Agreement- rev 09/01/06 7 EXHIBIT A 1. Project Coordination - A series of project progress meetings are planned throughout the project duration. As can be seen on the attached project schedule, a total of nine (9) progress meetings are planned - meetings scheduled for the entire design team (FHU Team, City and CDOT staffs). The actual schedule of progress meetings may change during the course of the project; however, it is anticipated that five (5) meetings would be held during the concept planning phase, one (1) during the preparation of preliminary plans, three (3) during the preparation of the final design plans, and one (1) close to the presentation of the final plans to the public. DELIVERABLES; - Progress meeting minutes, meeting handouts, display material z Data Collection - The FHU Team will collect the following information from the City: • Aerial mapping - we will likely use mapping already in our possession related to other MTC projects. • City utility key maps • Topographic/ROW Survey • Property ownership • Adjoining site plans • Drainage and flood data FHU will collect the following information from other sources: BNSF lease agreements, if available • Private utility key maps • Wetland/T&E/Hazmat information • Project photo log DELIVERABLES: - Aerial mapping, topographic survey (including information to College Avenue), AutoCAD utility database, photo log Standard Professional Services Agreement- rev 09/01/06 8 3. Conceptual Design — The FHU team will meet with City Staff (Meeting #1) to start the project, refine the schedule, and to establish a Technical Advisory Committee (TAC) that will provide input into the critical decisions of the project. We propose that this team include City, CDOT and consultant staffs that would meet monthly during the concept planning phase (5 total meetings), to evaluate project alternatives and to provide input on grade - separation selection. The FHU team will: • Prepare a detailed site analysis plan summarizing the site opportunities and constraints. • Conduct an Internal Workshop session with the TAC at Meeting #2 to review project concept plans for the project. The workshop session will serve as the starting point for development of the project vision. The basic conceptual options will compare functionality, impacts, perceptions, and relative costs of the underpass and overpass options. Possible modifications to the parking areas, drives and walk connections through private property will be explored. The outcome of the workshop will be a'decision to further explore either an overpass or underpass as the preferred approach, as well as ideas for improvements to private property that may go beyond the immediate project area. The preferred option will be further developed and analyzed in more detail and preliminary cost estimates developed. Further refinements would identify drainage or utility impacts, impacts to private property, grades, retaining walls, etc. • Participate in three individual meetings with affected landowners to review the alternatives. Identify their concerns and issues, as well as opportunities for partnerships and connections to N. College Ave. Perspective sketches will be developed for better communication to the landowners. Alternatives will address possible architectural character of the crossing structure, probable cost and perceived safety. After the landowner meetings the TAC would reconvene (Meeting #3) and determine a preferred direction for alternatives to share with the public. • During the preparation of the concept plans, FHU will submit design criteria for the project using the design criteria from the City's Design Guidelines for Grade - Separated Pedestrian, Cyclist and Equestrian Structures as an initial guide. • Conduct a public open house to review refined alternatives and receive comments. • Meet with TAC to select a preferred approach (Meeting #4). • Refine the design drawings in plan, section elevation and perspective sketch to completely illustrate all aspects of the project and allow for accurate cost estimating. Standard Professional Services Agreement- rev 09/01/06 9