HomeMy WebLinkAbout1999-097-08/03/1999-AUTHORIZING THE MAYOR TO ENTER INTO AN IGA WITH CSU FOR THE LONG-TERM LEASE OF VISITOR CENTER SPACE RESOLUTION 99-97
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO ENTER INTO AN
INTERGOVERNMENTAL AGREEMENT WITH COLORADO STATE UNIVERSITY
THROUGH THE STATE BOARD OF AGRICULTURE FOR THE
LONG-TERM LEASE OF VISITOR CENTER SPACE
AT THE ENVIRONMENTAL LEARNING CENTER/VISITORS CENTER
WHEREAS, Colorado State University ("CSU") is in the process of developing an
Environmental Learning/Visitor Center(the"Project")to increase natural resource educational and
outreach opportunities on a five acre parcel owned by CSU to the south of Prospect Road,
approximately one-quarter mile west of Interstate 25, adjacent to the City's Resource Recovery
Farm, and intends to construct the Project in this highly visible location, invite visitors to view
educational exhibits on the environment and to tour the area, including the Cache La Poudre River,
and to experience and learn from the natural environment; and
WHEREAS,the City similarly seeks to welcome and attract visitors to Fort Collins through
the efforts of its convention and visitor services contractor,the Fort Collins Convention and Visitors
Bureau; and
WHEREAS, in exchange for the City's cooperation in connection with the Project, and the
advance payment of rents in the amount of$340.742,CSU has agreed to lease to the City 991 square
feet of dedicated space with access to 1,394.5 square feet of dedicated space within the Project for
use as a Visitor Center, for a period of fifty (50) years; and
WHEREAS,City staff has negotiated a proposed intergovernmental agreement setting forth
the respective rights and responsibilities of the City and CSU in connection with the lease of the
Visitor Center, and related issues; and
WHEREAS,the City is authorized to enter into intergovernmental agreements to provide any
function, service or facility, such as the Agreement, as provided in Article II, Section 16 of the
Charter of the City of Fort Collins and Section 29-1-203, C.R.S.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS that the Mayor be, and hereby is, authorized to enter into an Agreement with Colorado
State University upon the terms and conditions shown on Exhibit "A", attached hereto and
incorporated herein by this reference,with such other terms and conditions,or minor modifications,
as the Mayor, in consultation with the City Manager and the City Attorney, may determine to be
necessary and appropriate to effectuate the purposes set forth therein.
Passed and adopted at regular meeting of the Council of the City of Fort Collins this 3rd day
of August, A.D. 1999.
r
Mayor
ATTEST:
City Clerk
EXHIBIT A
TO RESOLUTION 99-97
August 3, 1999
Intergovernmental Agreement for the
Environmental Learning Center/
Visitor's Center/Welcome Center
This Agreement for the Environmental Learning Center/Visitor's Center/Welcome
Center (Agreement) is entered into on this day of August, 1999, by and between the
Colorado State Board of Agriculture acting by and through Colorado State University, a State
of Colorado institution of higher education, for the use and benefit of the College of Natural
Resource Recreation and Tourism (University), and the City of Fort Collins, a Colorado
municipal corporation.
Recitals
A. The University is a comprehensive research university with a tripartite land-grant
mission of teaching, research, and service. This mission includes the promotion and
development of linkages with other agencies, organizations, and institutions to promote and
enhance undergraduate and graduate educational and research experiences and the development,
adoption, and transfer of knowledge.
B. The University wishes to increase natural resource educational and outreach
opportunities by placing the Environmental Learning/Visitor Center/Welcome Center
(Welcome Center Project) in this highly visible location as shown on Exhibit A, inviting
visitors to view educational exhibits on the environment and to tour the area, including the
Cache La Poudre River, and to experience and learn from the natural environment.
C. The City seeks to welcome visitors to Fort Collins through efforts for which, at the time
of execution of this Agreement, it contracts with the Fort Collins Convention and Visitor's
Bureau (FCCVB). The City, or its convention and visitor's services contractor, will occupy
office space in the Welcome Center in furtherance of these efforts.
D. The Colorado Department of Parks and Outdoor Recreation (CDPOR) is one of eight
divisions of the Colorado Department of Natural Resources and will join the University and the
City at the Welcome Center under separate agreement. CDPOR manages 40 parks located
across the state which include just over 156,000 total land acres and 34,000 water acres.
CDPOR is responsible for other programs that provide administrative, planning, technical
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assistance, and funding to a wide variety of outdoor recreation users. The mission of CDPOR
is to meet the needs of visitors and protect park lands for the future.
E. The University, CDPOR, and the City have come together to facilitate a cooperative
Welcome Center, as they share a goal of disseminating information to the public about the
natural environment and other attractions in Colorado.
F. The Welcome Center will provide benefits to the parties in fulfilling their respective
missions, including preserving the Cache La Poudre River corridor in a natural state,
developing a facility that is environmentally sensitive and sustainable, and demonstrating
compatible relations between the built environment and the natural environment.
G. The University will construct and own the Welcome Center and occupy a portion of it.
The Welcome Center is scheduled to be ready for use in January of 2000. CDPOR and the City
will lease separate spaces designated for their use, and the parties will share common spaces, as
shown on Exhibit B.
H. CDPOR and the City will prepay lease amounts at Agreement execution for their leases
for 50 years, which is the term of this Agreement.
Now therefore, in consideration of the above Recitals, the mutual promises contained
herein, and other good and valuable consideration, receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows.
1. Exhibits. The following attached exhibits are incorporated herein by these references:
a. Exhibit A, Plat showing the Welcome Center Project, including the Welcome
Center building, surrounding 5 acres (Property), and parking lot; and
b. Exhibit B, Welcome Center Building space.
C. Exhibit C, Legal Description of Parking Lot Easement (Parking Lot Parcel).
2. 5pace. The University agrees to lease unto the City when available for occupancy
assignable square feet of dedicated space with access to 1,391 square feet of shared space at
the Welcome Center, as more fully shown in Exhibit B (Premises).
3. Term. The Term of this Agreement begins as of the date written above and ends 50
years after the first day that the Premises is available for occupancy. The City's right to utilize
the Premises begins on the first day the Premises is available for occupancy, which is scheduled
to be January 24, 2000. If the date that the Premises is available for occupancy is other than
January 24, 2000, the University will provide this date in writing to the City, and the City will
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acknowledge in writing the date 50 years thereafter as the end of the Term, and will return such
acknowledgment to the University.
4. Payments.
. a. The City will pay to the University the amount of Two Hundred and Thirty
Three Thousand, Three Hundred and Forty-two Dollars ($233,342) at the time this Agreement
is executed. Such payment constitutes the prepaid lease payment for the entire Term of this
Agreement in the amount of Three Hundred and Forty Thousand and Seven Hundred and
Forty-two Dollars ($340,742) (Lease Payment), less the amount of One Hundred and Seven
Thousand and Four Hundred Dollars ($107,400), to be retained by the City for use in
connection with street improvements in the vicinity of the Welcome Center. The parties agree
that no refund of the Lease Payment will be made in the event that the City no longer wishes to
lease the Premises, but that the University will approve a replacement party that the City finds,
so long as such replacement party has a similar mission and interest as the parties hereto as
determined by the University in its sole discretion.
b. If the Premises are not available for occupancy by January 1, 2001, the City may
declare the University in default of this Agreement, and may take such further action as it may
deem appropriate, in accordance with Section 18, below.
C. Subject to Colorado State Board of Agriculture approval, the University agrees
to dedicate to the City such street and other public rights of way as the City would normally
require in connection with the private development of a project comparable to the Welcome
Center Project (the "Right of Way"). The City shall provide written notice to the University of
the Right of Way required hereunder, and the University shall convey the same to the City
within one hundred and twenty (120) days of receipt of such notice.
d. Subject to final approval of an ordinance approving the same by the City Council
of the City of Fort Collins, the City agrees to convey to the University no later than September
17, 1999, a non-exclusive parking easement over the Parking Lot Parcel described on Exhibit
C.
5. Use. The City will utilize the Premises only for the purposes as set forth herein, and
will utilize the Premises in a careful, safe, and proper manner. The City will be liable for
damage to the Premises caused by misuse or abuse thereof by the City, its employees, or its
agents. The City will not use, or permit the Premises or any part thereof to be used, for any
purpose or purposes other than the purposes for which the Premises are hereby leased. No use,
other than that specifically contemplated hereunder, may be made or permitted to be made of
the Premises, or acts done, other than those reasonably associated with the contemplated use of
the Premises, that will increase the rate for insurance for the Welcome Center Building beyond
the University's usual rate structure for like building insurance, nor will the City sell, or permit
to be kept, used, or sold in or about the Premises, any article not normally associated with the
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operation of a public learning center, visitor's center or welcome center, if the same is
prohibited by the University's insurance policies. The City will not commit, or cause to be
committed, any waste or public or private nuisance upon the Premises, nor, without limiting
the generality of the foregoing, will the City allow the Premises to be used for any improper,
immoral, unlawful, or objectionable purpose. The City will not utilize or permit the Premises
to be used for any purposes prohibited by the laws of the United States or the State of
Colorado, or by the ordinances of the city and county in which the Premises are located.
6. Collaborative Operations Management.
The parties acknowledge that the University, as a State agency and as the owner of the
Welcome Center Building and Property, must retain ultimate decisionmaking authority and
responsibility with respect to operations and maintenance therefor. However, the parties
acknowledge that a number of decisions will need to be made with respect to such operations
and maintenance, and that an Operations Management Team will be useful to make
recommendations in this regard. This Operations Management Team, consisting of the
University ELC Director, CDPOR Regional Director, and City Onsite Director, will
collaborate and make recommendations to the University Director of Facilities Management for
the following items:
a. Ways to ensure quality, continuity, and interagency coordination at the Welcome
Center Project in the most effective and efficient manner possible.
b. Needs for routine operations and maintenance matters, hours of operation,
consistency in signage and decor, ways to ensure excellent customer service, and ways to
ensure that the goals hereunder are being advanced.
C. Amount of damage to the Welcome Center Building caused by misuse or abuse
thereof by a party, its employees, or its agents.
7. Operations and Maintenance.
a. The following operations and maintenance responsibilities apply to the Welcome
Center, costs for which will be shared by the parties as described hereinafter, contingent upon
the annual appropriation of funds sufficient and intended therefor.
i. The University will repair and maintain the Welcome Center Project,
including without limitation major repair and replacement, ice control and snow
removal near the building, general grounds maintenance, and all mechanical
systems in accordance with the University's usual and customary standards of
maintenance so that these facilities properly function at all times and remain in
good condition.
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ii. The University will maintain all parking areas in accordance with its
usual and customary standards of maintenance so that the parking lot is
accessible at all times and remains in good condition.
iii. The University will provide custodial, waste removal, and recycling
services sufficient to keep the Welcome Center Project in a clean, neat, and
attractive condition in accordance with the University's usual and customary
standards.
iv. The University will provide general public safety protection for the
Welcome Center Project consistent with service levels provided elsewhere on
the main campus. If the City desires additional security services, such security
services will be provided by the City.
V. The University will provide and maintain in good working condition all
reasonable utility services between the Welcome Center Building and the
University property line, including gas, water, sewer, chilled water, steam,
electricity, telephone services and other utility services if and as needed,
excluding any portions of any such utility services not owned by the University.
The City agrees that the University will not be liable for failure to provide such
services during any period when the University uses reasonable diligence to
supply the same, it being understood that the University reserves the right to
temporarily discontinue services at such times as may be necessary when, by
reason of accident, unavailability of employees, strikes, repairs, alterations or
improvements, or whenever by reason of strikes, walkouts, acts of God, or any
other event beyond the control of the University, the University is unable to
provide the same.
b. Operations and maintenance costs for the Welcome Center Project will be shared
by the parties. The University will provide in writing in advance a budget for expected
operations and maintenance costs for the Welcome Center. The University will provide in
writing actual operations and maintenance costs for the Welcome Center Project on a quarterly
basis, and the City will remit payment within 30 days of receipt. The parties agree that the
City will be responsible for the percentage of those costs that is the same as the percentage of
the dedicated space in the Welcome Center Building occupied by the City, 23.3 percent, less 4
percent due to lower expected visitor levels as compared to other uses in the Building, or 19.3
percent. The parties acknowledge that at the time of this Agreement, it is anticipated that 33
percent of the total operations and maintenance costs for the Welcome Center Project will be
the responsibility of CDPOR by separate agreement between CDPOR and the University.
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8. Condition. Repairs, and Alterations.
a. Taking possession of the Premises by the City will be conclusive evidence as
against the City that the Premises were in the condition agreed upon between the University and
the City and acknowledgment by the City, that the City accepts the Premises in its current
condition, on an "as is" basis, and that the University will have no obligation for any
modification or improvement thereof. Acceptance of the Premises in its "as is" condition,
however, is not intended to mean that the University is not liable for latent defects of the
Welcome Center Project.
b. Contingent upon the annual appropriation of funds therefor, the City will
maintain the Premises in a good, clean, and orderly condition and repair at all times during the
Term. The Premises will not be altered, repaired, or changed without the prior written consent
of the University, except in emergency cases to decrease or prevent damage. The City hereby
waives all right to make repairs at the University's expense, unless such repairs were
reasonably made to decrease or prevent damage or injury to persons.
c. . Unless otherwise provided by written agreement, all alterations, improvements,
and changes that may be permitted hereunder at the request of the City will be done either by
or under the direction of the University, but at the cost of the City, will be the property of the
University and will remain upon and be surrendered with the Premises.
d. The University has the right to enter the Premises with advance notice to the
City at reasonable times for the purpose of making necessary inspections and repairs or
maintenance using best efforts not to interfere with the City's use of the Premises. In the event
of an emergency, advance notice is not required.
9. Siege. The City may not erect signs outside of the Premises except at its own
expense and as will have been approved by the University, in the University's sole discretion.
The City will not erect or maintain other signs, advertising placards, or other such items on the
Premises and will not utilize any advertising medium that may be heard or experienced outside
the Premises, including but not limited to, flashing lights, search lights, loudspeakers, radios,
or television. The University will not utilize any advertising medium that may be heard or
experienced inside the Premises, including but not limited to, flashing lights, search lights,
loudspeakers, radios, or television, nor permit other tenants of the Welcome Center Building to
do so. Neither the City nor the University will display or place any handbills, bumper stickers,
or other advertising devices on any vehicles parked in the parking area of the Welcome Center
Project. Distribution of information and advertising inside the Welcome Center Building
related to the missions of the parties is allowed. Recommendations for displays, distribution
methods, and placement of such items will be made by the Operations Management Team to the
University Director of Facilities Management.
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10. Insurance. The City agrees to carry and maintain, for the mutual benefit of the
University and the City during the Term hereof, comprehensive general public liability
insurance against claims for bodily injury, sickness, or disease, including death, and property
damage in or about the Premises, and contractual liability coverage, in amounts sufficient for
the interests herein. The parties acknowledge that as of Agreement execution, minimum
amounts include single limit coverage of not less than $600,000 per occurrence, and not less
than $150,000 per individual. All policies will provide that the same may not be canceled or
altered except upon 10 days prior written notice to the University and will permit the City to
waive its rights of subrogation. The parties further acknowledge and agree that the City may,
in lieu of obtaining the insurance coverage required herein, self-insure for not less than the
minimum coverage amounts specified above. The University agrees and acknowledges that it is
self-insured for not less than the amounts specified as minimum coverage required to be carried
and maintained by the City.
I1. Damage to Property. Injury to Persons.
a. The City will neither hold, nor attempt to hold the University liable for any
injury or damage, either proximate or remote, occurring through or caused by fire, water,
steam, or any repairs, alterations, injury or accident, or any other cause to the Welcome Center
Building, to any furniture, fixtures, City improvements, or other personal property of the City
kept or stored in the Welcome Center Building (City Property Damage), whether by reason of
the negligence or default of the owners or occupants thereof, or any other person, or otherwise,
unless the City Property Damage was caused by the negligence of the University, its officers,
agents or employees.
b. In the event the Premises are rendered untenantable or unfit for the City's
purposes by fire or other casualty, this Agreement will be extended for the period from the date
of such fire or casualty to the time that the Premises is rendered tenantable. The University
agrees that it will promptly repair and restore the Premises pursuant to this Agreement at its
own expense, except for those leasehold improvements previously installed by the City. The
City agrees that it will promptly repair and restore the leasehold improvements and personal
property previously installed by the City pursuant to this Agreement at its own expense.
C. The University will neither hold, nor attempt to hold the City liable for any
injury or damage, either proximate or remote, occurring through or caused by fire, water,
steam, or any repairs, alterations, injury or accident, or any other cause to the Welcome Center
Building, to any furniture, fixtures, University improvements, or other personal property of the
University kept or stored in the Welcome Center Building (University Property Damage),
whether by reason of the negligence or default of the owners or occupants thereof, or any other
person, or otherwise, unless the University Property Damage was caused by the negligence of
the City, its officers, agents or employees.
Page 7 of 12
d. 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 seq., 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 the Board, the City, or the departments, agents, officials and employees thereof
are controlled and limited, by the provisions of Section 24-10-101, et seq., C.R.S., as now or
hereafter amended. The parties acknowledge that, notwithstanding any other provision of this
Agreement, the liability of each party for the acts of officers, employees and agents is further
limited and controlled by the risk management statutes, Section 24-30-1501, et seq., C.R.S., as
now or hereafter amended, and other applicable legal restrictions.
12. Compliance with ADA and Other Laws. The University will construct, operate, and
maintain the Welcome Center Building in accordance with University rules and regulations, and
in full compliance with all federal and State of Colorado laws, including but not limited to the
federal Americans with Disabilities Act (ADA) and all applicable federal, state and local
environmental laws and regulations. The City will be solely responsible for the design,
installation, and maintenance hereunder of any improvements it makes to meet the requirements
of the ADA on or access to the Premises. Each party will be responsible for proper (and,
where required, licensed) disposal, handling, monitoring and recording of any toxic or
hazardous waste generated from its uses hereunder. Each party will maintain complete records
concerning such toxic or hazardous waste, which records shall be made available for reasonable
review and copying by the other party upon written request.
13. Parking. The parties intend that priority for parking will be given to visitors, rather
than employees, of the Welcome Center Project in accordance with the goals of the Welcome
Center Project. The Operations Management Team will generate specific recommendations for
employee parking. The City agrees that parking is at the sole risk of the City, and the City's
employees, and the University will not be liable for any injury or damage occasioned by such
use that is not due to the University's negligence. The University's right to use the parking
area is as established in an easement and is not a part of this Agreement.
14. Licenses and Permits. The City will be solely responsible for obtaining, prior to
taking occupancy, all licenses or permits as may be required for the City to lawfully conduct its
operations on the Premises.
15. University's Remodel Rights. The University reserves the right to remodel the
Welcome Center Building, provided that any remodeling affecting the Premises or the exterior
appearance of the Welcome Center Building shall be subject to the prior consent of the City,
which consent shall not be unreasonably withheld. The University will share the plans to
remodel the Premises with the Operations Management Team in advance, and shall use its best
efforts to accommodate the wishes of the Operations Management Team in the remodeling in
order to prevent substantial interference with the City's use of the Premises as contemplated
herein.
Page 8 of 12
16. Surrender. Upon termination of this Agreement, either by lapse of time or otherwise,
the City will peaceably surrender the Premises in good condition and repair, except for
ordinary wear and tear. The City will remove all personal property upon such termination and
will repair all damage to the Premises caused by such removal.
17. _ Holding Over. If the City fails to vacate the Premises upon expiration or sooner
termination of the Agreement, the City will be a month-to-month tenant subject to all the laws
of the State of Colorado applicable to such tenancy. The City will pay the University double
the lease payment of similarly situated lessees in the Fort Collins area then applicable for each
month or partial month during which the City retains possession of the Premises, or any part of
the Premises, after the expiration or termination of this Agreement, or the termination of the
City's right of possession of the Premises. The City will be responsible for all liabilities and
damages sustained by the University by reason of such retention of possession, including, but
not limited to, any amounts due to or losses of the University occasioned by any third party to
whom the University has agreed to lease the Premises. The provisions of this article will not
constitute a waiver by the University of any re-entry or other rights of the University available
under this Agreement or at law.
18. De ault. If either party shall default in the payment of any amount hereunder or in the
keeping of any of the terms, covenant or conditions of this Agreement, following fifteen (15)
days written notice and failure to cure in the case of monetary default and following forty-five
(45) days notice and failure to cure in the event of a non monetary default, the non-defaulting
party may seek any or all remedies available to it hereunder or specific performance or any
other legal or equitable remedy available to such party under Colorado law.
a. In the event of a default by the City, the University will have the right to
terminate this Agreement on written notice to the City and reenter and take possession of the
Premises and repossess the same in accordance with Colorado law, and without prejudice to
any remedies for the City's breach of the covenants and conditions hereunder. In the event of
any default by the City, the University will not be obligated to refund to the City amounts it has
paid to the University, and may retain the same not as a penalty, but in partial compensation to
the University for the injuries occasioned by such a breach.
b. In the event of a default by the University, the City will have the right to
terminate this Agreement on written notice to the University and will immediately remove itself
and those claiming by, through or under it and removing the effects of it and such other parties.
In the event of any default by the University, the University will reimburse the City for the
total of funds actually expended by the City as of the time of default to construct
improvements to Prospect Road, to the extent the same were required directly as a result of
the Welcome Center Project (the "Improvements")„ and any amounts the City has paid to the
University, less a prorated amount reflecting the reasonable lease value in the community for
the period of time of City occupancy and use of the Premises and the Improvements. The
Page 9 of 12
payment of these amounts are not intended as a penalty, but in partial compensation to the City
for the injuries occasioned by such a breach.
19. Waiver of Performance. The failure of either party to insist upon the strict
performance of any agreement, term, covenant, or condition hereof or to exercise any right or
remedy consequent upon a breach thereof will not constitute a waiver of any such breach of
such agreement, term, covenant or condition hereof to be performed, and no breach hereof will
be waived, altered, or modified, except by written instrument executed by the parties.
20. Assienment. The City's interest hereunder will be personal to the City and the City
may not assign, transmit, dispose of, mortgage, pledge, or grant any interest in and to its rights
under this Agreement without prior written approval of the University. Such approval will not
be unreasonably withheld by the University. At the time of execution of this Agreement, the
City contracts with the FCCVB to promote tourism and convention activities, and the
University hereby authorizes the City to sublease to FCCVB so long as such sublease
incorporates this Agreement and requires that FCCVB comply with all terms herein. In no way
shall authorization of the FCCVB sublease, or any future sublease authorization, relieve the
City of any obligation set forth herein.
21. Force Majeure. If a party's performance under this Agreement or any obligation
hereunder, is interfered with by reason of any circumstance beyond that party's control,
including without limitation, fire, explosion, power failure, acts of God, war, revolution, civil
commotion, or acts of public enemies; any law, order, regulation, ordinance, or requirement of
any government or legal body or any representative of any such government or legal body;
labor unrest, including without limitation strikes, slowdowns, picketing or boycotts; then that
party will be excused from its performance on a day-to-day basis to the extent of such
interference.
22. Applicable Law. The laws of the State of Colorado and rules and regulations issued
pursuant thereto will be applied in the interpretation, execution and enforcement of this
Agreement. Any provision of this Agreement, whether or not incorporated herein by
reference, which provides for arbitration by any extra judicial body or person or which is
otherwise in conflict with said laws, rules and regulations will be considered null and void.
23. Consent. Unless otherwise specifically provided, whenever consent or approval of the
University or the City is required under the terms of this Agreement, such consent or approval
will not be unreasonably withheld or delayed. If either party withholds any consent or
approval, such party will on written request deliver to the other party a written statement giving
the reasons therefore.
24. Notice. Any notice, request, demand, consent or approval, or other communication
required or permitted hereunder will be in writing and will be deemed to have been given when
Page 10 of 12
personally delivered or deposited in the United States mail with proper postage and address as
follows:
University: Vice President for Administrative Services
309 Administration Building
Colorado State University
Fort Collins, CO 80523
City: City Manager
City of Fort Collins
P.O. Box 580
300 LaPorte Avenue
Fort Collins, CO 80522
25. Complete Agreement. This Agreement, including all exhibits, supersedes any and all
prior written or oral agreements and there are no covenants, conditions, or agreements between
the parties except as set forth herein. No prior or contemporaneous addition, deletion, or other
amendment hereto will have any force or effect whatsoever unless embodied herein in writing.
No subsequent novation, renewal, addition, deletion, or other amendment hereto will have any
force or effect unless embodied in a written contract executed and approved pursuant to the
State Fiscal Rules.
26. Captions. Construction. and Agreement E ect. The captions and headings used in the
Agreement are for identification only, and will be disregarded in any construction of the lease
provisions. All of the terms of this Agreement will inure to the benefit of and be binding upon
the respective heirs, successors, and assigns of both the University and the City. If any
portion, clause, paragraph, or section of this Agreement will be determined to be invalid,
illegal, or without force by a court of law or rendered so by legislative act, then the remaining
portions of this Agreement will remain in full force and effect.
27. No Beneficial Interest. The signatories aver that to their knowledge, no state employee
has any personal or beneficial interest whatsoever in the service or property described herein
and that no Bribery and Corrupt Influences or Abuse of Public Office under the Colorado
Criminal Code is present.
Page 11 of 12
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
date written above.
Colorado State Board of Agriculture City of Fort Collins
by and through Colorado State
University
By: By:
Gerry Bomotti Randolph R. Martinez
Vice President for Administrative Mayor
Services
ATTEST:
APPROVALS: By:
Wanda Krajicek
By: City Clerk
Cathy Clark
Contracts Manager
Approved as to legal form:
By:
Al Dyer By:
Dean of Natural Resources Dept. Carrie M. Daggett
Assistant City Attorney
By:
Ron Baker
Facilities Management
Page 12 of 12
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EXHIBIT C PAGE 1 OF 2
Legal Description
An access easement situate in the Northeast quarter of Section 21,Township 7 North, Range 68
West, of the a P.M., County of Larimer, State of Colorado, being more particularly described as
follows:
Considering the North line of the Northeast quarter of said Section 21,as bearing South
88013'20" East, and with all bearings contained herein relative thereto:
Commencing at the North quarter corner of said Section 21; thence along said North line of the
Northeast quarter, South 88*13'20"East 709.35 feet: thence South 00"23'55'West 30.01 feet to
the Northeast corner of that certain parcel of land as described in Reception No. 96022167, as
recorded in the office of the Clerk and Recorder of said County; thence along the West line of
said parcel as described in Reception No. 96022167, South 00023'55"West 498.76 feet to the
Southwest corner of said parcel;thence along the South line of said parcel,North 88034'00" East
105.58 feet to the TRUE POINT OF BEGINNING of this description; thence South 00"24'21"
West 267.02 feet; thence North 88034'00"East 328.08 feet:thence North 00"23'33"East 266.65
feet to a point on the South line of said certain parcel as described in Reception No. 96022167;
thence along said South line, South 88034'00"West 328.08 feet to the point of beginning. The
above describe easement contains 2.01 acres,and is subject to all rights-of-way, easements and
restrictions now in use or on record.
EXHIBIT C PAGE OF 2
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