HomeMy WebLinkAbout2010-041-07/20/2010-AUTHORIZING A REVOCABLE PERMIT TO THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM FOR RESOLUTION 2010-041
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING A REVOCABLE PERMIT TO THE BOARD OF GOVERNORS
OF THE COLORADO STATE UNIVERSITY SYSTEM FOR INSTALLATION
OF ELECTRIC SERVICE LINES ON CITY-OWNED PROPERTY
WHEREAS, the City is the owner of the Lake Street right-of-way, a portion of which (the
"Permit Area")is identified on Exhibit A,attached hereto and incorporated herein by this reference;
and
WHEREAS,the Board of Governors of the Colorado State University System("CSU")owns
and operates an electric distribution system on its campus; and
WHEREAS, CSU owns a building and a surplus structure located at 203 West Lake Street
that CSU refers to as the book storage building (the "Book Storage Building"); and
WHEREAS, the Book Storage Building consists of a main section and a first addition,
referred to as the annex (the "Annex"); and
WHEREAS, CSU has provided electric service to the main section of the Book Storage
Building from its campus distribution system since it was built, as well as to a surplus structure on
the same site; and
WHEREAS,the City has provided electric service to the Annex since it was constructed;and
WHEREAS, CSU is constructing a second addition to the Book Storage Building; and
WHEREAS, CSU would like to connect the Book Storage Building to its campus electric
distribution system by installing electric service lines, conduits and cable(the "Equipment")under
the Permit Area; and
WHEREAS, if the requested revocable permit is authorized, the electric energy provided to
CSU by the City,including all of that ultimately used at the Book Storage Building,will be metered
through a master meter on the CSU campus; and
WHEREAS, if the Book Storage Building electric service is metered by the City's electric
utility system through a master meter on the CSU campus, staff believes that the City will benefit
because,based on information available to staff,the Book Storage Building's peak electric demand
will be 60% or more coincident with the City's and Platte River Power Authority's coincident peak
demand; and
WHEREAS, in order for CSU to install the necessary electric equipment under the Permit
Area, the City has worked with CSU to identify a suitable location in Lake Street that will not
interfere with the City's ownership, operation or maintenance of Lake Street; and
F
WHEREAS,CSU will bear all costs of installing,operating,and maintaining the Equipment
required to connect the Book Storage Building to CSU's electric distribution system; and
WHEREAS, staff and CSU have negotiated a revocable permit agreement(the"Revocable
Permit") authorizing the installation of the Equipment, contingent upon City Council approval, a
copy of which is marked as Exhibit B,attached hereto and incorporated herein by this reference;and
WHEREAS, the Revocable Permit would be revocable at any time at the discretion of the
City Council; and
WHEREAS, staff believes that the City will not incur any costs as a result of granting the
Revocable Permit; and
WHEREAS,staff believes that the issuance of the Revocable Permit will not materially alter
the viability of the electric utility system; and
WHEREAS, Section 26-444 (2) of the City Code states that if a customer-generator wishes
to furnish electric service to the customer-generator's own property for use by the customer-
generator and installation of electric facilities under a public place is necessary,the installation shall
be allowed only pursuant to the issuance of a revocable permit approved by the City Council after
a determination by resolution that the provision of such service will not materially alter the viability
of the electric utility system and will benefit the citizens of Fort Collins as well as the customer-
generator.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the issuance of a revocable permit for the installation of electric wires,
conduit and cable under the Permit Area to CSU as provided herein will not materially alter the
viability of the electric utility system and will benefit the citizens of Fort Collins as well as CSU.
Section 2. That the Mayor is hereby authorized to execute such documents as are
necessary to convey the revocable permit to CSU on terms and conditions consistent with this
Resolution,together with such additional terms and conditions as the City Manager, in consultation
with the City Attorney, determines are necessary or appropriate to protect the interests of the City,
including, but not limited to, any necessary changes to the legal description of the permit area, as
long as such changes do not materially increase the size or change the character of the permit.
-2-
Passed and adopted at a regular meeting of the Council o the City of Fort Collins this 20th
day of July A.D. 2010.
Mayor
ATTEST:
IOUAL 'Ll 0
City Clerk
-3-
EXHIBIT "A"
LEGAL DESCRIPTION — 10' Permit Area
A parcel of land situate in the Southeast quarter of Section 14, Township 7 North, Range 69
West, of the 6th P.M., City of Fort Collins,.County of Larimer, State of Colorado, and being more
particularly described as follows:
Considering the South line of said Southeast quarter as monumented by a 2 1/2"aluminum cap
LS 17497 at the South quarter corner and a 3 '/4"aluminum cap LS 17497 at the Southeast
corner, as bearing South 89021'45" East and with all bearing contained herein relative thereto:
Commencing at the South quarter of said Section 14; thence along the South line of said
Southeast quarter, South 89021'45" East 1715.52 feet; thence North 01016'53" East 566.51 feet
to the South right-of-way of Lake Street according to the Replat and Vacation of Road map filed
October 28, 1907 at Reception #110694, Plat Book 3, Page 13, as recorded in the office of the
Clerk and Recorder of said County, said point also being the TRUE POINT OF BEGINNING of
this description; thence North 01016'53" East 60.01 feet to the North right-of-way of said Lake
Street; thence along said North right-of-way, South 89049'54" East 10.00 feet; thence South
01016'53"West 60.01 feet to said South right-of-way of Lake Street; thence along said South
right-of-way, North 89049'54"West 10.00 feet to the true point of beginning. Said parcel
contains 600 square feet, more or less, and is subject to all rights-of-way,easements and
restrictions now in use or on record.
SURVEYOR'S STATEMENT
I, Brian T. Nelson, a duly Registered Land Surveyor in the State of Colorado; acting as an agent for
Ayres Associates Inc, do hereby represent that above legal description truly and correctly
represents the results of a surve .v". rad'by.one or under my direction.
Brian T. Nelson, egistered Load
Colorado Registration No. 2353� Oti 2 t
1_
BLOCK 4,
REPLAT OF A.L. EMIGH'S
SUBDIVISION S 89'49'54" E
10.00'
M
LAKE STREET ^ 5 0 b
60' R.O.W. S �� o ro PERMIT AREA
z tiaN 600 Sq Ft
J
T.P.0.6.
N 89'49'54" W
10.00'
BLOCK 10,
REPLAT OF A.L. EMIGH'S
SUBDIVISION
wl
M
O T- t0
y r LO
0
z
a 20 0 50
50 30 io 25 .
GRAPHIC SCALE
1" = 50'
I
FOUND 2 1/2" ALUM. CAP
S. 1/4 CORNER
SEC. 14, 77N, R69W
1715.52'
S 89'21'45" E
SOUTH LINE OF THE SE. 1/4 FOUND 3 1/4" ALUM. CAP
(ASSUMED BASIS OF BEARING) SE. CORNER
SEC. 14, T7N, R69W
SCALE: 1"=50' EXH03IT "A"
.COL,ORADO STATE
Drawn By. BTN UNIVERSITY
Checked By. BTN 10' EASEMENT Engineers/Scientists/Surveyors
IN THE SE1/4 OF Amms 3M JFK Pwkway,sudq 2.situ 200
Approved By.- SECTION 14 ASSOCIATES P.O.Box 9704W
Fort Cola, 00 8M7
FORT
Job #: 321226.15 T7 R C IN S'PM 1670►228-5M
Date: 6/25/10 OCOLORADO
EXHIBIT B
REVOCABLE PERMIT FOR ELECTRIC SERVICE LINES & RELATED EQUIPMENT
Book Storage Facility
203 West Lake Street
Colorado State University
The Grantor, CITY OF FORT COLLINS, COLORADO, a municipal corporation (the
"City"), in consideration of good and valuable consideration, does hereby grant to THE
BOARD OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM,
(the "Grantee") this nonexclusive, revocable permit (the "Permit") to install
underground electric service lines, conduits and cable (the "Equipment") across a
portion of Lake Street (a public road) for the purpose of connecting Grantee's Book
Storage Facility to the Grantee's electric distribution system, subject to the conditions
and requirements set forth below. .
This Revocable Permit is contingent on and subject to the following conditions and
requirements:
1. Installation.
The plans and schedules regarding initial installation of the Equipment are as follows or
as otherwise agreed to in writing:
a. 13.2 kV service.
b. Two underground conduits of four inch diameter buried forty-eight inches
below the street surface.
c. 15 kV EPR No. 2 copper conductors within the conduit.
d. Service extended from Grantee's underground vault north of Permit Area on
Lake Street, as shown Exhibit "A" and in the attached site photograph, to a
transformer at the south end of the same Permit Area.
e. The work for installation of the Equipment is currently under way including
installation of the electrical system and the building addition is anticipated to
be completed by September 1, 2010.
2. Equipment Maintenance, Replacement or Modification.
a. Grantee is the sole owner of the Equipment.
Page 1 of 7
b. Maintenance of the Equipment is the responsibility of Grantee. Grantee's
permission to access the Equipment within City's Lake Street to perform routine
maintenance and repairs is subject to advance notice to the City and approval by the
City of plans and schedule for such work. For purposes of this Permit, advance notice
is no less than two business days for routine maintenance and repair work. Emergency
repairs will require an emergency request to the City for immediate access.
C. Grantee may replace the Equipment, and in the original location, subject to
advance written approval by City, in its sole discretion, of a schedule, plans and
specifications for replacement Equipment. Replacement of the Grantee's cable within
the underground conduit that is part of the Equipment will not require approval by
City as long as the work is not disruptive to the City's maintenance and operation of
Lake Street.
d. City is not obligated to modify Lake Street in any way to facilitate Grantee's use
of its Equipment.
3. Description of Permit Property.
The location of the Equipment is under a portion of a parcel of land lying in City right-
of-way known as Lake Street, as more particularly described in Exhibit "A," attached
hereto and incorporated herein by this reference (the "Permit Area').
4. Equipment must be Underground.
Under no circumstances shall Grantee locate the Equipment above ground.
5. Limit on Obligations.
Nothing herein shall abrogate, affect or waive any notice requirements, defenses,
immunities, and limitations to liability that City, Grantee, or their officers and
employees, may have under the Colorado Governmental Immunity Act, C.R.S. Section
24-10-101, et seq. ("CGIA"), and to any other defenses, immunities, and limitations to
liability available to the same under the law. As to any and all claims arising under this
Agreement that are brought, or could be brought, under tort law, the City and Grantee's
liability is at all times herein strictly limited and controlled by the CGIA. Nothing in
this Permit shall be deemed or applied as an express or implied waiver by the Grantee
of its governmental and sovereign immunities, as an express or implied acceptance by
Page 2 of 7
the Grantee of liabilities arising as a result of actions which lie in tort or could lie in tort
in excess of the liabilities allowable under the CGIA, as a pledge of the full faith and
credit of the State of Colorado, or as the assumption by any of the parties of a debt,
contract or liability of each other in violation of Article XI, Section 1 of the Constitution
of Colorado.
6. Contingency.
This Revocable Permit is expressly contingent upon the City Council of the City of Fort
Collins (the "Council") approving this Revocable Permit by the adoption of a related
resolution, in its discretion, on or before August 31, 2010. If the Council does not pass
such resolution by that time, this Permit shall be automatically terminated and all
parties shall be released from all obligations hereunder.
7. Authority for Permit.
This Revocable Permit, once effective, is issued pursuant to Article XI, Section 10, of the
Charter of the City of Fort Collins, which authorizes the Council to permit the use or
occupation of any street, alley, or public place, and the resolution approved by the
Council as set forth above, as accordingly this Permit shall be revocable by the Council
at its pleasure. Further, this Revocable Permit, once effective, is issued pursuant to Fort
Collins Municipal Code Section 26-444 (2), which authorizes the installation of wires in
or under a public place pursuant to a revocable permit approved by City Council after a
determination by resolution that the provision of such service will not materially alter
the viability of the electric utility system and will benefit the citizens of Fort Collins as
well as the customer-generator.
8. Encumbrances.
Grantee will pay all costs and charges for work done by it or caused to be done by it, in
or to the Equipment or on any property of City and for all materials furnished in
connection with such work. In no event shall Grantee be entitled to cause or permit the
establishment of any lien or other encumbrance on any City property.
9. Requirements of Law.
At all times during the term of this Permit, Grantee shall observe and comply promptly
with all then current laws, ordinances, resolutions, orders, covenants, restrictions, rules
Page 3 of 7
and regulations of the federal, state and local governments, and of all courts or other
governmental authorities having jurisdiction over the property that is the subject of this
Permit or any portion thereof, including any requirements pertaining to construction
activities whether the same are in force at the commencement of this Permit or are in
future passed, enacted or directed. Further, Grantee shall be deemed the owner or
operator of the Equipment for purposes of compliance with Colorado Revised Statutes
(C.R.S.) § 9-1.5-101, et seq., and is solely responsible as owner or operator of the
Equipment for locating the Equipment prior to excavation by any party other than
Grantee in compliance with C.R.S. § 9-1.5-101, et seq.
10. Liabili .
Grantee shall be solely responsible, to the extent authorized by law, for its own actions
arising from or related to Grantee's use of the Equipment. Grantee shall be liable under
Colorado contract law in the same manner as any other person for direct damages
occurring as a direct and proximate result of its material breach of this Permit.
11. Insurance.
During the term of this Agreement, Grantee shall maintain general liability coverage in
connection with the Permit Area, including all improvements thereon, in the amount of
One Million Dollars ($1,000,000.00). All insurance required hereunder shall be
provided under a self-insurance program or issued by an insurance company
authorized to do business in Colorado which meets all of the requirements of the
Division of Insurance for that purpose. Upon execution of this Revocable Permit,
Grantee shall provide to the City proof of the required insurance and thereafter, at such
times as the City requests proof of the required insurance. Additionally, if insurance
coverage is modified or switched to a different carrier, Grantee shall notify the City in
writing ten days in advance of such action.
12. Notices.
Any notice by either party to the other shall be in writing and shall be deemed to be
duly given only if delivered personally, sent by commercial courier, or mailed by
certified mail in a postage prepaid envelope addressed to the parties as follows:
Grantee: Deputy General Counsel
Page 4 of 7
Office of the General Counsel
01 Administration Building
Colorado State University
Fort Collins, CO 80523
Grantor: Light and Power Operations Manager.
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
With a copy to:
City Attorney's Office
City of Fort Collins
P.O. Box 580
Fort Collins, CO 805211
13. General Conditions.
a. This Permit may not be enlarged, modified, or altered, except as in writing,
signed by all parties as an amendment hereto.
b. This Permit is not transferable.
C. No waiver of any breach of this Permit shall be held or construed to be a waiver
of any subsequent breach thereof.
d. Time is of the essence in the performance of this Permit.
e. If any provisions of this Permit shall be declared invalid or unenforceable, the
remainder of this Permit shall continue in full force and effect.
f. This Permit shall be construed and enforced in accordance with the laws of the
State of Colorado, and venue for any action related hereto or between the parties related
to the Permit or the subject property shall be in Larimer County, Colorado.
g. Grantee acknowledges that entering into this Agreement does not change or
eliminate Grantee's obligation to obtain or comply with any other applicable
procedures or requirements related to the work being done in the Permit Area.
Page 5 of 7
WITNESS OUR HAND (S) AND SEAL (S) this _ day of
2010.
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
a municipal corporation
1
By:
Douglas P. Hutchinson, Mayor
ATTEST: APPROVED AS TO FORM:
Wanda Krajicek, City Clerk Assistant City Attorney
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this _day of
, 2010, by Douglas P. Hutchinson and Wanda Krajicek, as Mayor
and City Clerk, respectively, of THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Page 6 of 7
ACCEPTED BY: GRANTEE:
THE BOARD OF GOVERNORS OF THE
THE COLORADO STATE UNIVERSITY SYSTEM,
Amy L. Parsons,
Vice President for
University Operations
Legal Sufficiency Reviewed:
Deputy General Counsel
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
, 2010, by Amy L. Parsons, Vice President for University Operations,
Colorado State University.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Page 7 of 7