HomeMy WebLinkAbout1998-068-04/21/1998-AUTHORIZING THE CITY MANAGER TO ENTER INTO A PARK DEVELOPMENT AGREEMENT WITH THE GEOLOGICAL SOCIETY RESOLUTION 98-68
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE CITY MANAGER TO
ENTER INTO A PARK DEVELOPMENT AGREEMENT
WITH THE GEOLOGICAL SOCIETY OF AMERICA
AND PROVIDING FOR REIMBURSEMENT OF THE WATER UTILITY FUND
WHEREAS, the Geological Society of America ("GSA") is a non-profit organization
dedicated to the advancement of the geologic sciences, and to the promotion of the geosciences in
the service of society, including providing for and encouraging public education about geology and
its role in natural systems; and
WHEREAS, the encouragement and promotion of conservation of natural and cultural
resources, provision of recreational and educational programs to city residents, and the promotion
of tourism and commerce within the city and the state of Colorado,have been identified as objectives
of the City; and
WHEREAS, GSA has proposed to design and construct on City property a permanent
outdoor exhibit that will offer visitors of all ages and educational levels an opportunity to explore
and learn about Colorado's natural and cultural history, environment and landscape (the "Rock
Park"); and
WHEREAS, City staff has worked with GSA to develop a plan and process for the design,
construction and operation of the Rock Park on a two-acre portion of the Resource Recovery Farm
property, which plan and process have been incorporated into that certain Park Development
Agreement, dated April 8, 1998, and on file in the office of the City Clerk; and
WHEREAS, the proposed location of the Rock Park is adjacent to and intended to
complement anticipated Environmental Learning and Welcome Center improvements, for which
plans are currently being developed through the cooperative efforts of the City, Colorado State
University, and the Colorado Department of Parks and Outdoor Recreation; and
WHEREAS, Water Utility staff has determined that the proposed location of the Rock Park
is not intended for use by the Water Utility, and will not interfere with any operations of the Water
Utility; and
WHEREAS, the Rock Park will provide a valuable amenity to the City and to the general
public, and will attract visitors to the Welcome Center area; and
WHEREAS, GSA has agreed to design and construct the Rock Park, subject to approval of
plans therefor by the City, and to pay essentially all associated costs and expenses; and
WHEREAS, the Park Development Agreement provides for the Rock Park improvements
to become the property of the City upon completion, subject to the City's obligation to operate and
maintain the Rock Park; and
WHEREAS,the Council has determined that the construction and operation of the Rock Park
is in the best interest of the City; and
WHEREAS, the Council has further determined that the use of Resource Recovery Farm
property for the Rock Park will not impact the operations of the Water Utility.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Manager is hereby authorized to enter into a Park Development
Agreement, in substantially the form shown on Exhibit"A,"attached hereto and incorporated herein
by this reference, with such modifications as the City Manager, in consultation with the City
Attorney, may deem necessary to carry out the purposes thereof.
Section 2. That the City Manager is hereby directed to prepare for Council consideration,
at such time as the exact location of the Rock Park has been determined and described, an ordinance
transferring to the proper Water Utility account such funds as may be appropriate to reimburse the
Water Utility for the fair market value of said real property.
Passed and adopted at a regular meeting of the City Council held this 21st day of April, A.D.
1998.
Mayor /
ATTEST:
. 14 Ql.�
City Clerk
I PARK DEVELOPMENT AGREEMENT
2 Between
3 The Geological Society of America
4 and
5 The City of Fort Collins
6
7 This PARK DEVELOPMENT AGREEMENT entered into this day of , 1998,
8 by the City of Fort Collins and the Geological Society of America(GSA) is for the purpose of cooperatively
9 developing an outdoor exhibit on the geology of Colorado, hereinafter called the "Rock Park", as generally
10 illustrated in Exhibit 1, designed to encourage the public's exploration, appreciation, and understanding of
11 the natural and cultural history of Colorado and how it relates to everyday life.
12
13 RECITALS
14
15 Whereas, the Geological Society of America is a non-profit organization dedicated to the
16 advancement of the geologic sciences; and it is the purpose of GSA to promote the geosciences in the
17 service of society, and to provide for and encourage public education about geology and its role in natural
18 systems;and
19
20 Whereas, the City of Fort Collins (the City) is a duly incorporated municipality; and among the
21 policies of the City are to encourage and promote conservation of natural and cultural resources, to provide
22 recreational and educational programs accessible to all residents, and to promote tourism and commerce
23 within the City and State; and in pursuance of these policies the City has undertaken to assist in the
24 development of a Welcome Center/Environmental Education Complex in conjunction with Colorado State
25 University, Colorado State Parks, and the Fort Collins Convention and Visitors Bureau (the "Welcome
26 Center Partners");and
27
28 Whereas, the parties have cooperatively worked to develop a plan and process for the
29 development and operation of a permanent outdoor exhibit where visitors of all ages and educational levels
30 can explore and learn about Colorado's natural and cultural history, environment,and landscape.
31
32 NOW THEREFORE the parties, in consideration of the premises herein set forth, the adequacy
33 of which is hereby acknowledged and accepted, mutually agree to and undertake the following:
34
35
36 Article I. PARK DEVELOPMENT
37
38 A. General Provisions.
39
40
41 1. The Rock Park will be located on two (2)acres of City-owned property(the "Site")
42 adjacent to the southern boundary of the Welcome Center and within the approximately eleven(I I)-acre
43 parcel at the northern boundary of the Resource Recovery Farm("Eleven-Acre Parcel") (as described in
44 Exhibit 2 attached hereto and incorporated herein by this reference);provided that the exact location of the
45 Site shall be determined by mutual consent between GSA and the City Manager as early in the planning
46 process as feasible and in accordance with the following procedures:
47
48 (a) after execution of the Agreement but prior to determination of the
49 Site, GSA will submit to the City Manager not less frequently than
50 every sixty(60)days a report summarizing the issues and concerns
51 pertaining to GSA's final Site selection and a request for any
52 supplemental information from the City that may be relevant to GSA's
53 final Site decision;
54
55 (b) once GSA is prepared to select the exact location of the Site, GSA
56 will mark the proposed Site boundary and submit to the City Manager
57 a request for Site approval; and
58
FoNmoa_13.doc page 1
4/8/98, 10:55 AM
I (c) the City Manager will review said request within twenty(20)days of
2 submittal and recommend and provide explanation for desired
3 modifications to the proposed boundary, at which time the City and
4 GSA will together adjust the Site boundary until it is mutually
5 satisfactory to both parties, after which, the Site will be deemed to be
6 determined and a licensed surveyor will mark the boundary and
7 prepare a legal description of the Site.
8
9 2. The Rock Park will have a physical,design, and programmatic connection with the
10 adjacent Welcome Center, and the City will negotiate in good faith with the Welcome Center Partners and,
I subject to approval of the City Council, agrees to make reasonable and good faith efforts to enter into a
12 written agreement with said Welcome Center Partners pertaining to the integration of the Rock Park into
13 Welcome Center plans,programs,and daily operations.
14
15 3. The City and GSA will maintain open communication between both parties by including
16 at least one(1)City representative on GSA's Rock Park Advisory Group and one or more GSA
17 representatives at Welcome Center Partner's planning meetings as appropriate.
18
19 4. The City and GSA shall document all reviews,approvals,and site inspections pertaining
20 to design and construction of the Rock Park with authorization signatures provided by appropriate and
21 qualified representatives of each party.
22
23 5. GSA will have primary responsibility for designing, building, and financing the initial
24 construction of the Rock Park,and the City will provide any and all such access to the Site as is necessary
25 for design,construction,and completion of the Rock Park.
26
27 6. The City and GSA agree that inclusion of an individual or a company name in the naming
28 of the Rock Park is permissible and,prior to completion of the Rock Park construction,the parties shall
29 discuss and develop an appropriate name for the Rock Park.
30
31 7. Upon completion of the Rock Park construction,the City and GSA will conduct a final
32 walk-through inspection of the Rock Park and,if necessary, will agree in writing to a schedule of remedial
33 completion and follow-up inspection pursuant to the provisions of Article II Paragraph A of this Agreement.
34
35 8. Upon the City's determination of final completion of the Rock Park, GSA will convey the
36 Rock Park improvements to the City, and the City will accept ownership of the Rock Park pursuant to the
37 provisions of Article II Paragraphs B and C of this Agreement.
38
39 9. The intended opening of the Rock Park is to be in September 2000,provided that an
40 opening date shall be more particularly established and may vary from that time as determined by actual
41 progress of planning and construction
42
43
44
45 B. Responsibilities of the City of Fort Collins.
46
47 The City of Fort Collins agrees to accept the following responsibilities and associated costs related
48 to the development and construction of the Rock Park:
49
50 1. Upon execution of this Agreement:
51
52 (a) permit GSA and its contractors unrestricted non-exclusive access to the Eleven-
53 Acre Parcel for the purpose of designing and planning the Rock Park;
54
55 (b) permit GSA to store rock samples to be used in the Rock Park in the Northeast
56 Drying Basin of the Resource Recovery Farm ("Northeast Drying Basin") (as
57 shown in Exhibit 3), or at another suitable location mutually agreed upon by the
58 City Manager and GSA, and provide GSA and its contractors access route(s),
Fon/moa_13.doc page 2
4/8/98, 10:55 AM
I which will permit travel by equipment with a gross weight not to exceed
2 forty(40)tons, to rock-storage area(s)until completion of the Rock Park.
3
4 2. Finally designate the exact location of the Site in the area indicated in Exhibit 2 for the
5 Rock Park and following such designation:
6
7 (a) permit GSA and its contractors full access to the Site for the purpose of
8 designing, planning, and constructing the Rock Park and provide GSA and its
9 contractors access route(s), which will permit travel by equipment with a gross
10 weight not to exceed forty(40)tons;
11
12 (b) survey and mark the exact boundaries of the Site for the Rock Park;
13
14 (c) conduct all such environmental investigations and remediation as are necessary
15 to ensure the Site's condition is adequate for the proposed use and ready for
16 construction activities (including excavations up to 15 feet below ground
17 surface);
18
19 (d) remove and dispose any contaminated and/or hazardous materials from the Site
20 which may be encountered during construction of the Rock Park and which may
21 interfere with completion or intended use of the Rock Park;
22
23 (e) arrange for any temporary or permanent modifications to the Welcome Center
24 facility that are required as a result of Rock Park construction activities;
25
26 (f) permit GSA to store rock samples to be used in the Rock Park on the Site as well
27 as in the locations specified in Article I,Paragraph B.Lb;
28
29 (g) design, install, and maintain a minimum of one (1) electrical connection at a
30 convenient location at the Rock Park boundary, and provide service connections
31 to said electrical lines(s) prior to commencement of construction of the Rock
32 Park;
33
34 (h) design, install, and maintain a minimum of one(1)water line connection not less
35 than 1.5 inches in diameter for potable water at a convenient location at the Rock
36 Park boundary, and provide service connections to said water line prior to
37 commencement of construction of the Rock Park; and
38
39 (i) design and construct any and all public access road(s) and parking facilities for
40 the Rock Park; and work in good faith with the Welcome Center Partners to
41 ensure that parking lot and access road(s) adequately serve the Rocks Park and
42 Welcome Center.
43
44 3. Designate appropriate and qualified individual(s)with authority to:
45
46 (a) review construction plans submitted by GSA including but not limited to: 1)
47 grading plan, 2) storm drainage plan, 3) electrical utility plan, 4) drinking and
48 irrigation water plan 5) hard-cape designs (including sidewalks and rock
49 placement), 6) interpretive sign construction and installation plan, 7) furniture
50 construction and installation plan, 8) planting plan and proposed water
51 requirements, 9) road and highway sign designs, and 10) site safety and control
52 plan in such timely manner as the parties shall agree is reasonable relative to the
53 matter being reviewed;
54
55 (b) assure conformance of said construction plans with reference to City codes,
56 regulations, and policies and in a timely manner recommend required
57 modifications to said plans and/or render approvals for GSA to proceed;
58
Fort/moa_I3.doc page 3
4/8/98, 10:55 AM
I (c) inspect Rock Park construction activities and confirm adherence to approved
2 construction specifications enumerated above in Article I Paragraph B.3(a) and
3 assure such personnel has authorization to formally approve acceptability of
4 work; and
5
6 (d) post appropriate regulatory signs on City-owned property outside of the Site and
7 on adjoining Welcome Center property during Rock Park construction.
8
9 4. Allow GSA to evaluate, select and hire contractors of its choosing for all phases of Rock
10 Park design and construction,provided said construction contractors:
11
12 (a) are selected through a competitive process with acceptance based on
13 consideration both of cost and of demonstrated competence to do the subject
14 specialized work, with preference for acceptance to be given to contractors
15 demonstrating the greatest competence and experience in the subject work;
16
17 (b) meet appropriate insurance, bonding, and licensing requirements;
18
19 (c) are approved by the City in a timely manner, recommended to be within fourteen
20 working days of submittal of all information required for such approval,
21 provided that approval shall not be withheld other than for failure to meet
22 qualifications set forth above in Paragraph 4(b) and in Article I, Paragraph
23 C.3(c); and
24
25 (d) may be terminated by GSA at its reasonable discretion.
26
27
28 C. Responsibilities of the Geological Society of America.
29
30 The Geological Society of America agrees to accept the following responsibilities related to the
31 development and construction of the Rock Park:
32
33 1. Raise and manage all funds required for initial design and construction of all Rock Park
34 components located within the Site,as generally described on Exhibit 1.
35
36 2. Secure ninety (90) percent of the required funds for the Rock Park work prior to
37 beginning any construction of the Rock Park on the Site, unless otherwise agreed by both parties in writing.
38
39 3. Be responsible for preparation and implementation of all initial Rock Park design plans
40 and construction activities on the Site and:
41
42 (a) ensure that all design and construction work is performed by qualified personnel
43 and is in accordance with all applicable laws and regulations, including without
44 limitation the Americans' with Disabilities Act,employment, occupational health
45 and safety, and environmental laws and regulations;
46
47 (b) submit final design plans and construction specifications to the City for review
48 and approval prior to commencement of any construction activities pursuant to
49 Article I, Paragraph B.3 of this Agreement, including but not limited to: 1)
50 grading plan, 2) storm drainage plan, 3) electrical utility plan, 4) drinking and
51 irrigation water plan 5) hardscape designs (including sidewalks and rock
52 placement), 6) interpretive sign construction and installation plan, 7) furniture
53 construction and installation plan, 8) planting plan and proposed water
54 requirements, 9) road and highway sign designs, and 10) site safety and control
55 plan;
Fordmoa_I3.doe page 4
4/8/98, 10:55 AM
1
2 (c) evaluate, select and hire qualified contractors to prepare and implement design
3 and construction specifications as appropriate and submit the names, addresses,
4 and insurance and bonding verifications of all engineering and construction
5 contractors to the City for approval prior to the commencement of any work, and
6 agree to hire only such contractors as the City has approved in accordance with
7 Article I, Paragraph BA of this Agreement;
8
9 (d) require all contractors and sub-contractors retained for construction of Rock
10 Park to name GSA and the City of Fort Collins as an "Additional Insured" under
11 "Generals"section of insurance policies;
12
13 (e) retain a qualified Landscape Architect (the "Site Manager") to prepare
14 construction documents and to oversee Rock Park construction activities
15 performed by General Contractor who will be retained by GSA and require said
16 General Contractor to acquire approval from the Site Manager for all change
17 orders;
18
19 (t) furnish the City with written documentation of any modifications to construction
20 specifications that the City has approved in accordance with Article 1, Paragraph
21 B.3 of this Agreement and obtain approval from the City for modifications to
22 construction specifications that result in material changes in excess of$5,000 or
23 deductive changes greater than $2,000 resulting from value engineering,
24 provided that approval by City will be made in such timely manner as the parties
25 shall agree is reasonable relative to the changes being reviewed and that
26 approval hereunder will not be unreasonably withheld;
27
28 (g) post appropriate regulatory signs within the perimeter of the Site and at the
29 Northeast Drying Basin or other designated rock storage area prior to storing
30 rock samples on the said locations and during Rock Park construction;
31
32 (h) provide the City with status reports during construction phases of Rock Park as
33 appropriate and inform City of all requisition meetings GSA conducts with Site
34 Manager and General Contractor to discuss project schedule and budget;
35
36 (i) schedule construction activities with the City and Welcome Center Partners so as
37 to minimize disturbances to on-going activities;and
38
39 (j) provide prompt and timely notice to the City in the event GSA, its officers,
40 employees or contractors observe any condition or material on the Site that
41 reasonably indicates that contaminated and/or hazardous materials are present on
42 the site.
43
44
45 Article II. COMPLETION OF PARK CONSTRUCTION
46
47 A. Notice of Completion and Inspection.
48
49 Upon completion of Rock Park construction activities:
50
51 1. GSA shall provide to the City written notice of completion of construction of the Rock
52 Park and a copy of as-built construction specifications.
53
54 2. Upon receipt of such notice, the City shall schedule a final walk-through inspection of the
55 Rock Park to include representatives of both parties.
56
Fortimoa_13.doc page 5
418/98, 10:55 AM
1 3. In the event the City identifies any deficiencies in the construction of the Rock Park at
2 such final walk-through inspection or at any time prior to issuance of a Letter of Acceptance by the City, the
3 City shall provide to GSA written notice of such deficiencies, including a specific description thereof, and
4 GSA shall be responsible for correcting such deficiencies to the City's satisfaction within such time as the
5 parties mutually agree to be reasonable for making the said corrections and will provide the City with
6 modified as-built construction specifications as appropriate.
7
8
9 B. Letter of Acceptance and Document of Conveyance.
10
11 Upon determination by the City that the Rock Park and any remedial corrections of deficiencies
12 have been satisfactorily completed therefor,
13
14 1. The City shall issue within fifteen (15) days a Letter of Acceptance documenting that the
15 City has so determined and accepts the Rock Park improvements as completed and satisfactory.
16
17 2. Within fifteen (15) days following receipt of the City's Letter of Acceptance, GSA will
18 convey to the City ownership of the Rock Park improvements by means of a document which shall include a
19 statement of the appraised value of the Rock Park improvements as described in Article IV, Paragraph EA
20 (a) and the City will accept ownership of the Rock Park subject to the terms of this Agreement.
21
22
23 C. Effect of Letter of Acceptance and Document of Conveyance
24
25 Upon transfer of ownership of the Rock Park by GSA to the City:
26
27 1. The obligations of the parties in the foregoing Article I shall cease, and the City shall
28 become responsible for the operation and maintenance of the Rock Park as set forth in this Agreement;
29
30 2. All terms and conditions set forth in the Park Development Agreement pertaining to the
31 design and construction of the Rock Park will be deemed to have been satisfactorily completed as agreed
32 upon or as modified by mutual agreement of the parties;
33
34 3. GSA shall be deemed to have transferred to the City all right, title, and interest in and to
35 the said Rock Park for purposes of ongoing operation and maintenance; provided, however, that GSA
36 retains all copyright privileges, intellectual property rights, and ownership of all design and construction
37 plans and all educational materials for which GSA funds have been expended, and shall be entitled to
38 sponsor construction of similar installations at such other locations as it may select in the future.
39 Notwithstanding the foregoing, GSA hereby perpetually grants to the City such rights and privileges of use
40 as may be required by the City for the ongoing management and promotion of the Rock Park and education
41 of the public regarding the Rock Park and consents to the City's use, duplication, alteration and distribution
42 or sale of the image and design of the Rock Park so long as the City's uses are consistent with the terms of
43 this agreement and any subsequent written agreements between the parties related to the Rock Park;
44
45 4. The City, by its acceptance of the Rock Park, relieves GSA and its officers, directors,
46 employees, members, and benefactors from all subsequent financial obligations, except as expressly set
47 forth in Article III, below, and holds them harmless from any and all claims, losses, and damages (including
48 attorneys' fees and any cost attributable to such claims) thereafter arising from any flaws or defects in
49 materials and construction of Rock Park or loss or injury to or death of any authorized or unauthorized
50 person on the premises of the Rock Park whether such loss, injury, or death results from proper or improper
51 use of the facility and further waives any claims for non-compliance with current or future standards or
52 codes;
53
54
Fort/moa_13.doc page 6
4/8/98, 10:55 AM
I Article III. PARK OPERATION
2
3 A. Responsibilities of the City of Fort Collins.
4
5 Following the City's acceptance of ownership of the Rock Park, the City agrees to undertake the
6 following responsibilities and associated costs in connection with the Rock Park:
7
8 1. To obtain and maintain such insurance and permits and to pay such assessments and fees
9 as may be required for operation in accordance with the standards and policies of the City or any other
10 applicable agency.
11
12 2. The City agrees that it will not alter the design, content, or intended use of the Rock Park
13 without prior approval from GSA, which shall not be unreasonably withheld, except to the extent such
14 alteration is required, in the City's sole discretion, for the maintenance, repair, or proper management and
15 operation of the Rock Park, including any alterations required to comply with any applicable laws or
16 regulations.
17
18 3. To operate, maintain and repair the Rock Park, in accordance with the terms of this
19 Article III, including without limitation the following:
20
21 (a) to be responsible for all scheduling of work necessary on City-owned property
22 adjoining the Rock Park or on the Welcome Center parcel that affects access to
23 and operation of the Rock Park, including but not limited to: maintenance and
24 repairs of electrical and water utility service connections; vehicular and
25 pedestrian access road(s); and parking spaces;
26
27 (b) to be responsible for management and scheduling of, and providing personnel
28 for, Rock Park maintenance operations including, but not limited to: snow and
29 trash removal; security; lighting, watering; landscaping; restocking brochures;
30 servicing donation box(es); paying electrical and water utility bills; and repairs
31 on sidewalk and sprinkler system;
32
33 (c) to make all reasonable efforts to keep the Rock Park open year round and access
34 to the Rock Park free-of-charge and provide written notification to GSA of long-
35 term changes to operating hours and/or the need to collect an entrance fee;
36
37 (d) to maintain any voluntary donation boxes associated with the Rock Park and
38 provide to GSA an annual accounting of proceeds from said boxes and/or any
39 future entrance fees;
40
41 (e) to provide year round vehicular and pedestrian access and parking spaces for
42 Rock Park visitors at a shared location convenient for the Rock Park and the
43 Welcome Center;
44
45 (f) to maintain records of the actual expenditures for Rock Park maintenance and
46 operation, itemizing such costs as personnel, utilities, supplies, fees, and
47 insurance, and make such records available to GSA on an annual basis; and
48
49 (g) allow GSA, its representatives or members unlimited free access to the Rock
50 Park.
51
52 4. The City further agrees to negotiate in good faith with the Welcome Center Partners to
53 share in the operations and maintenance responsibilities of the Rock Park enumerated in this Agreement,
54 including the following:
55
56 (a) to promote and encourage the physical and programmatic integration of the Rock
57 Park into the adjoining Welcome Center;
58
Fort/moa_11doc page 7
4/8/98, 10:55 AM
1 (b) to facilitate the use of the Welcome Center by Rock Park visitors and work with
2 Welcome Center Partners to coordinate and encourage volunteer involvement
3 with the Rock Park;
4
5 (c) to promote and advertise the Rock Park and educational programs as
6 appropriate;
7
8 (d) to work with local school districts to promote use of the Rock Park by teachers
9 and school groups and integration of the Rock Park into curricula where
10 appropriate;
11
12 (e) to encourage the sales of educational and recreational materials relating to the
13 Rock Park and Colorado geology at the Welcome Center and at future
14 commercial developments where appropriate, and encourage the application of
15 profits from said sales for maintenance and/or development of educational
16 materials or events that are mutually beneficial to the Rock Park and the
17 Welcome Center;and
18
19 (1) to encourage the Welcome Center partners to involve GSA personnel in planning
20 and implementing Welcome Center programs and exhibits and to allow use of
21 the Welcome Center classroom space for Rock Park related programs.
22
23
24 B. Responsibilities of the Geological Society of America.
25
26 Following the City's acceptance of ownership of the Rock Park, GSA agrees to undertake the
27 following responsibilities in connection with the Rock Park:
28
29
30 1. To serve in an advisory capacity to the City by providing, free of charge, technical
31 expertise relating to evaluation and re-design of exhibit elements, including,but not limited to:
32
33 (a) assisting the City as requested with such needs as locating appropriate
34 replacement samples and transporting said samples to the Rock Park site;
35
36 (b) providing the City with technical expertise for re-designing interpretive
37 materials, such as signs and brochures;
38
39 (c) reproducing and updating GSA-produced brochures and Rock Park interpretive
40 materials;
41
42 (d) retaining one (1) percent of the total Rock Park design and construction budget
43 and designating said funds for replacing Rock Park interpretive signs as needed
44 and mutually agreed upon by both parties;
45
46 (e) assisting the City with procuring cost estimates and appropriate contractors for
47 exhibit modifications as requested by the City;
48
49 (f) assisting the City with fundraising efforts for selected exhibit elements on an as-
50 needed basis.
51
52
53 2. To the extent feasible, to provide the following operational support to the City in
54 connection with the Rock Park:
55
56 (a) to provide at GSA's cost Rock Park docents and Welcome Center staff with an
57 orientation to the Rock Park;
58
Fort/moa_11doe page 8
4/8/98, 10:55 AM
I (b) to develop and provide at GSA's cost educational materials for docent-led
2 interpretive programs within the Rock Park;
3
4 (c) to work with Fort Collins, Welcome Center Partners, and regional school
5 districts to promote use of the Rock Park by teachers and school groups and
6 assist with developing guidelines or educational materials for use of the Rock
7 Park to meet curricular needs where appropriate;
8
9 (d) to evaluate the effectiveness of the Rock Park as a method for informal science
10 education and disseminate findings through professional journals and
11 presentations;
12
13 (e) to provide the City with a suggested list of relevant publications and educational
14 materials and/or make available at or below cost Rock Park educational
15 materials for sale in the Welcome Center or other appropriate locales as
16 identified by the City;and
17
18 (f) to recognize the Welcome Center Partners as a collaborative partner in
19 appropriate materials and/or presentations about the Rock Park.
20
21
22
23 C. Responsibilities Shared bv the Parties.
24
25 The City and GSA further agree to the following mutual obligations and commitments in relation
26 to the Rock Park,throughout the term of this Agreement:
27
28 1. Each party will obtain consent from the other, which shall not be unreasonably withheld,
29 prior to publishing or distributing any materials in a manner intended to promote the Rock Park (including
30 written,electronic, or photographic documents).
31
32 2. Although the Rock Park is open to the public, the City and GSA recognize that on
33 occasion private use of the Rock Park for special GSA or City programs may be desirable, provided that
34 any such uses of the Rock Park will be consistent with policies and procedures for the same, which the City
35 Manager and GSA shall cooperatively develop and approve.
36
37 3. In all materials and/or presentations about the Rock Park, each party will recognize the
38 other as one of the primary sponsors of the Rock Park.
39
40 4. The parties will meet on a semi-annual basis, or when appropriate, to discuss, coordinate,
41 and identify projects or activities that will further the use of the Rock Park and/or the programmatic
42 connections between the Rock Park and the Welcome Center or that relate to the development of future
43 educational, recreational, or commercial facilities on the adjacent City-owned property that may affect the
44 use of the Rock Park.
45
46 5. The parties will jointly conduct a minimum of one(1) annual walk-through inspection of
47 the Rock Park with Welcome Center partners to evaluate Rock Park maintenance and assess whether
48 exhibit elements require replacing, updating, or modifications, at which time GSA may be called upon to
49 provide financial support for improving exhibit elements, although GSA is in no way obligated to provide
50 such financial assistance.
Fortlmoa_13.doc Page 9
4/8/98, 10:55 AM
1
2 Article IV. TERM AND TERMINATION
3
4 A. Aereement Term.
5
6 1. This Agreement will remain in effect until December 31, 2024, unless earlier terminated
7 in accordance with the terms herein;provided,however, that the parties may at any time prior to expiration
8 modify, amend,or renew any of the provisions hereof for such duration as they shall then deem necessary or
9 appropriate for continued operation of the Rock Park;
10
11 2. Upon expiration of this Agreement, all responsibilities and obligations of the parties not
12 expressly renewed will cease;provided,however,that the City's ownership of the Rock Park will survive
13 expiration;
14
15 3. All waivers and hold harmless provisions of this Agreement will survive termination or
16 expiration.
17
18 B. Termination Due to Impracticability/Termination Responsibilities.
19
20 If after execution of this Park Development Agreement but prior to commencement of construction
21 activities,GSA and the City mutually agree that construction of the Rock Park on the Site is not feasible for
22 any reason, including but not limited to changed plans for development of the Welcome Center, GSA will
23 be responsible for the disposition of any and all rock samples it has moved to the Site; provided that if the
24 City has not complied with its requirements and responsibilities enumerated in this Agreement,the City will
25 be responsible for all costs associated with relocating samples to a location acceptable to GSA, and in such
26 event, GSA will to the extent mutually desirable, donate selected rock samples to the City and leave them
27 on the Site.
28
29 C. Termination Due to Environmental Issues.
30
31 This Agreement may be terminated by GSA or the City at any time prior to completion of the Rock
32 Park should contaminated and/or hazardous materials be encountered during construction of the Rock Park,
33 at which time the City will be responsible for all costs associated with removing any and all Rock Park
34 components, including but not limited to rock samples, construction materials, and exhibit elements unless
35 the City chooses to remediate the Site in a timely manner such that construction of the Rock Park may
36 continue without posing a health hazard to construction workers or Rock Park visitors.
37
38 D. Termination for Failure to Raise Funds.
39
40 Unless otherwise agreed to by the parties,this Agreement shall terminate on December 31,2000 if
41 construction of the Rock Park has not commenced.
42
43
44 E. Discontinuation of Park Operation Prior to Expiration of Aereement.
45
46 If, after construction by GSA and acceptance by the City of the Rock Park improvements, but prior
47 to the expiration of this Agreement, the City determines that it is no longer practicable to operate the Rock
48 Park for its intended use, or the City determines that use of the Site for this purpose is no longer desirable,
49 the City may terminate this Agreement as follows:
50
51 1. The City must provide written notice to GSA of its intention to discontinue operating the
52 Rock Park in advance of any demolition or removal activities;
53
54 2. The City must permit GSA, at GSA's option, to reclaim ownership of any and all rock or
55 fossil samples, interpretive signs and materials, and other exhibit elements prior to demolition of the Rock
56 Park;
57
FoNmoa_13.doc page 10
4/8/98, 10:55 AM
1 3. Except for the reclamation by GSA of items at the Rock Park as herein provided, the City
2 shall bear the sole responsibility for demolition of the Rock Park, disposal of all debris, and restoration of
3 the Site,including all costs therefor; and
4
5 4. The City will reimburse GSA for its investment in the Rock Park in accordance with the
6 schedule shown on Exhibit 4 attached hereto and incorporated herein by this reference. For purposes of
7 determining the amount of reimbursement hereunder:
8
9 (a) The Asset Value of the Rock Park for the purpose of determining the amount of
10 reimbursement will be the value at the time of conveyance of the improvements
11 constructed by GSA,exclusive of the value of the site, as determined by a
12 professional appraiser selected by mutual agreement of the parties for the
13 purpose,or$800,000,whichever is less; and
14
15 (b) Reimbursement will equal the scheduled percentage of Asset Value for the
16 calendar year in which operations are discontinued and will be made in full
17 without proration.
18
19
20
21 Article V. GENERAL
22
23 A. Designated Representatives/Notice.
24
25 1. The parties designate the persons set forth in this Section l as their respective
26 representatives, who shall make on behalf of each respective party, within the scope of his or her authority,
27 all necessary and proper decisions with reference to this Agreement. All requests for contract
28 interpretations, amendments and other clarifications or instructions shall be directed to such Designated
29 Representative. Written notice of the delegation of any responsibilities hereunder by either Designated
30 Representative shall be provided promptly to the other party.
31
32 For The Geological Society of America:
33 Dr. Donald M.Davidson, Jr.
34 Executive Director
35 Geological Society of America
36 P.O.Box 9140
37 Boulder,CO 80301
38
39 For The City of Fort Collins:
40 John F.Fischbach
41 City Manager of the City of Fort Collins
42 P.O.BOX 580
43 Fort Collins, CO 80522-0580
44
45 2. Notices permitted or required to be given under this Agreement shall be in writing and
46 shall be deemed given upon personal delivery or upon deposit in the United States Mail, certified, return
47 receipt requested,postage fully prepaid, addressed to the respective party's Designated Representative or to
48 such other address as the parties may designate from time to time by notice given in accordance with this
49 Section.
50
51 B. Force Maieure.
52
53 Neither the City nor GSA shall be deemed in violation of this Agreement if prevented from
54 performing any of its obligations hereunder by reason of strikes, boycotts, labor disputes, embargoes,
55 shortage of energy or materials, acts of God, acts of public enemy, acts of superior governmental authority,
56 weather conditions,rights,rebellion,sabotage or any other circumstances that are not within its control.
Fort/moa_13.doc page I l
4/8/98, 10:55 AM
1
2 C. No Limitation on General Powers.
3
4 Nothing in this Agreement shall be construed as in any way limiting the general powers of the City
5 to fully exercise its governmental functions or its obligations under any bond covenants or federal, state or
6 local laws,rules or regulations.
7
8 D. Governmental Immunity.
9
10 Nothing in this Agreement is intended to constitute or shall be construed as a waiver of the notice
11 requirements, defenses, immunities, and limitations the City may have under the Colorado Governmental
12 Immunity Act (§24-10-101, C.R.S., et. seq.) or to any other defenses, immunities, or limitations of liability
13 available to the City by law.
14
15 E. Obligations Subiect to Appropriation.
16
17 All obligations of the City hereunder are expressly contingent upon the annual appropriation of
18 funds sufficient to carry out the same by the City Council of the City of Fort Collins. In the event said funds
19 are not appropriated, the City shall not be considered in default of this Agreement, but the City may, in its
20 discretion,terminate this Agreement in accordance with the terms of Article IV,Paragraph B.
21
22 F. Choice of Law and Forum.
23
24 1. This Agreement shall be performable and enforceable in Larimer County, Colorado, and
25 shall be construed in accordance with the laws of the State of Colorado.
26
27 2. In the event of a dispute as to the effect of this Agreement that the parties are unable to
28 resolve to their mutual satisfaction,the parties agree to use the Judicial Arbitration Group prior to the use of
29 other any other forum for dispute resolution, and agree to share evenly in the costs associated with said
30 mediation.
31
32 G. Benefits.
33
34 This Agreement is made for the sole and exclusive benefit of the City and GSA, their successors
35 and assigns, and is not made for the benefit of any third party.
36
37 H. Construction.
38
39 In the event of any ambiguity in any of the terms of this Agreement, it shall not be construed for or
40 against any party hereto on the basis that such party did or did not author the same.
41
42 I. Successors and Assigns.
43
44 All covenants, stipulations and agreements in this Agreement shall extend to and bind each party
45 hereto,its legal representatives,successors and assigns
46
47 J. Headings.
48
49 The titles of the several articles of this Agreement are inserted herein for convenience only, and are
50 not intended and shall not be construed to affect in any manner the terms and provisions hereof, or the
51 interpretation or construction thereof.
52
53 K. Entire,Binding Agreement.
54
55 This Agreement, together with all attachments, exhibits, and addenda hereto, shall constitute the
56 entire agreement of the parties, and shall be binding upon the parties hereto, their agents, successors, and
57 assigns.
58
ForUmoa_ ldoc page 12
4/8/98, 10:55 AM
I L. Authority.
2
3 The undersigned each hereby warrant that they are fully authorized to enter into this Park
4 Development Agreement and to bind the respective parties represented by them.
5
6
7 IN WITNESS WHEREOF, said parties have executed this Park Development Agreement as of
8 the day and year first above written:
9
10
I I FOR THE GEOLOGICAL SOCIETY OF AMERICA:
12
13
14
15
16 Dr. Donald M. Davidson,Jr.,Executive Director Date
17
18
19 ATTEST:
20
21
22
23
24
25
26
27 FOR THE CITY OF FORT COLLINS,COLORADO:
28
29
30
31
32 John F. Fischbach,City Manager Date
33
34 ATTEST: APPROVED AS TO FORM:
35
36
37
38 City Clerk Assistant City Attorney
39
40
Fortlmoa_l3.doe page 13
4/8/98, 10:55 AM
1 EXHIBIT 1
a
3 Conceptual Illustrations of Rock Park
4
Fordmoa 13.doe page 14
4/8/98, 10:55 AM
u
lit' cz
L4
L f \
� p
t ` �
x
O
I
3 $r�7„f
I MA N
l ,
W U
.. Q cz
V � �
4 � do
t c
low
v.
� N
f bA
x� a�
•
bw
Y$ W
0 t;y5 .Y xx
ova
CUP
Ln
V R+
I EXHIBIT 2
2
3 Map Showing Location of Approximately Eleven-Acre Parcel
4 within which Two-Acre Rock Park Will Be Constructed
FoNmoa_I3.doc page 17
4/8/98,11:15 AM
1
1Wit� 1 G�
rt
4 . Environmental Learning
PAWelcome Center Site
w
rw" RC n �I ` _'}+ aCITY OF
ABORT COLLI 9
s to l� � Ka� N'e`(� �t 1 '6
tS a yi ,J " , COUNTY A 1
� eR/ll.yy;ATE _PRO R Approximate location
4 TY7 t7
J I h OT 2-acre
Geologic Gardens
(Rock Park)
t
Kai Icty of
�3r. Fox Colliof i,.
0 �• � dti r' t�ktt
T •
tml? ,ijryF.+ ,r X t ; } �_•.S f• 1`'Nr
y Ri•' 1
t sF.
t
H ,
�s�r ocsetaot6 Rd RK-1 ` P
® POUDRE RIVER ENVIRONMENTAL LEARNING DISTRICT
Jurisdictional Boundaries
Note: All properties within the proposed district are within the City's Urban Growth Area'
I EXHIBIT 3
z
3 Maps showing Location of Northeast Drying Basin
a on Resource Recovery Farm
5 to be used for Rock Storage
Port/moa_13.doc page 19
4/8198, 11:15 AM
LIL
mID p
■ rmD R
rmnp
FL
uu p
�P
0
Q °o
.�P
mw p
rmn p
i
mn p
rmn p
Imn p
N
W + E
S
L7pl
CITY OF FORT COLLINS }
SLUDGE MANAGEMENT FACILITY
,S 3 •4 S�e SP��.
R �
kw
I
.o I
r
otir
T �., �. s_n. I Oyu L �n z]•�r er- � �- '
75
Lii _ N
o e _" _,_er e•
JllI _
O U
:6 O�
O enz .� I.. YnF - o m �S � l- 'I �� • .. I
L. I
1
2 EXHIBIT 4
3
4 Schedule for Calculating Reimbursement
5
6
Year Percent of Asset Value(1) for
Calculating Reimbursement(2)
2000 100%
2001 100%
2002 99%
2003 98%
2004 96%
2005 94%
2006 92%
2007 87%
2008 82%
2009 77%
2010 72%
2011 67%
2012 62%
2013 57%
2014 52%
2015 47%
2016 42%
2017 37%
2018 32%
2019 27%
2020 22%
2021 17%
2022 12%
2023 7%
2024 0%
7
8 Definitions:
9
10 (1) The Asset Value of the Rock Park for the purpose of determining the amount of reimbursement will be
I 1 the value at the time of conveyance of the improvements constructed by GSA,exclusive of the value of the
12 site, as determined by a professional appraiser selected by mutual agreement of the parties for the purpose,
13 or$800,000, whichever is less; and
14
15 a> Reimbursement will equal the scheduled percentage of Asset Value for the calendar year in which
16 operations are discontinued and will be made in full without proration.
17
18
19
20
21
22
FoNmoa_I3.doc page 22
4/8/98, 11:15 AM