HomeMy WebLinkAbout2015-027-03/03/2015-AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL AGREEMENT WITH LARIMER COUNTY, COLORADO STATE RESOLUTION 2015-027
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE MAYOR TO EXECUTE AN INTERGOVERNMENTAL
AGREEMENT WITH LARIMER COUNTY, COLORADO STATE UNIVERSITY
AND THE UNITED STATES DEPARTMENT OF AGRICULTURE FOR THE CARE
AND MANAGEMENT OF BISON ON PORTIONS OF SOAPSTONE PRAIRIE
AND RESERVOIR RIDGE NATURAL AREAS
WHEREAS, the City is the owner of properties known as Soapstone Prairie Natural Area
and Reservoir Ridge Natural Areas (the "City Properties"); and
WHEREAS, the 2007 Soapstone Prairie Natural Area Management Plan identifies the
North American bison as a species that may be reintroduced to Soapstone Prairie; and
WHEREAS, researchers at Colorado State University (CSU) have been working with the
United States Department of Agriculture (USDA) Animal and Plant Inspection Service (APHIS)
on a project to conserve bison genetics through assisted reproduction technology using
genetically pure animals from the Yellowstone National Park bison herd (the "Project"); and
WHEREAS, the next step in the Project is to build a herd on property outside of
Yellowstone National Park; and
WHEREAS, the City, Latimer County, CSU and APHIS have been working to develop
an agreement that would allow bison on the City Properties and on the County's Red Mountain
Open Space; and
WHEREAS, the.Project would benefit the City by providing native grazing animals for
grassland management and creating a unique wildlife viewing opportunity for the public; and
WHEREAS, a proposed intergovernmental agreement is attached as Exhibit "A" and
incorporated herein by reference (the "IGA"); and
WHEREAS, under the terms of the IGA, the City would grant the other parties a license
to enter on the City Properties for year-round grazing activities based on an annual grazing plan
developed by the parties; and
WHEREAS, the City would also provide up to $40,000 for bison fencing on the Project
properties, and the parties would collaborate to develop other funding sources to pay for
additional fencing, handling facilities, water development, other grazing infrastructure,
veterinary care and supplemental feed; and
WHEREAS, the City would install signs at the entrances to the City Properties with
appropriate information about the Project and bison safety; and
- 1 -
WHEREAS, the Project would not interfere with the existing grazing lease on Soapstone
Prairie Natural Area; and
WHEREAS, CSU would be responsible for the care of the bison and would provide
insurance for the Project naming the City and County as additional insureds; and
WHEREAS, any party could terminate the IGA on six months' written notice to the other
parties; and
WHEREAS, the Land Conservation and Stewardship Board considered the IGA at its
regular meeting on January 14, 2015, and unanimously recommended the Council approve the
IGA; and
WHEREAS, Section 29-1-203 of the Colorado Revised Statutes allows governments to
cooperate or contract with one another to provide any function, service or facility lawfully
authorized to each of the cooperating or contracting units; and
WHEREAS, under Section 1-22 of the City Code, intergovernmental agreements and
other cooperative arrangements between the City and other governmental entities are to be
submitted to the City Council for review, unless they fit within one of the exceptions that permit
authorization by the City Manager; and
WHEREAS, under Section 10 of Article XI of the City Charter, the City Council may
grant a permit at any time for the use or occupation of any street, alley, or public place, with such
permit being revocable by the City Council at its pleasure.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
FORT COLLINS, that the Mayor is hereby authorized to enter into the Intergovernmental
Agreement between the City, County, CSU and USDA in substantially the form attached hereto
as Exhibit "A", with such modifications or 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 or to effectuate the purpose of this Resolution.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 3rd
day of March, A.D. 2015.
oa aonrA.
yor
ATTEST:
sEaL "
�� •CO ORP�O
City Clerk
2
EXHIBIT A
INTERGOVERNMENTAL AGREEMENT
FOR GRAZING OF BISON
AT SOAPSTONE PRAIRIE AND RESERVOIR RIDGE NATURAL AREAS
AND RED MOUNTAIN OPEN SPACE
THIS INTERGOVERNMENTAL AGREEMENT ("Agreement"), dated
2015, is entered into by and between THE CITY OF FORT COLLINS, COLORADO, a
municipal corporation ("City"), LARIMER COUNTY, COLORADO ("County"), THE BOARD
OF GOVERNORS OF THE COLORADO STATE UNIVERSITY SYSTEM ACTING BY
AND THROUGH COLORADO STATE UNIVERSITY, ON BEHALF OF THE ANIMAL
REPRODUCTION AND BIOTECHNOLOGY LAB ("CSU"), and THE UNITED STATES
DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION
SERVICE VETERINARY SERVICES ("APHIS"), and will be effective on the date last signed
below ("Effective Date"). The City, County, CSU and APHIS are referred to herein individually
as a "Party" and collectively as the "Parties."
RECITALS
A. Pursuant to a separate agreement between them, CSU and APHIS are
collaborating on a program to investigate the use of assisted reproductive techniques as a
brucellosis mitigation strategy for North American Bison (the "Project").
B. The majority of the Project work will be conducted at CSU facilities in Fort
Collins, and the animals involved will be owned by CSU.
C. The City and County are the owners of certain properties, situated in the County
of Latimer, State of Colorado, commonly known as the Soapstone Prairie Natural Area and the
Reservoir Ridge Natural Area (City owned), and Red Mountain Open Space (County owned)
(together, the "Properties"), and the City and County are willing to make portions of these
properties available as grazing land for bison involved in the Project.
D. Bison are listed in the Soapstone Management Plan as a species that the City's
Natural Areas Department (NAD) would like to reintroduce to Soapstone. The Project would
also benefit the City by providing native grazing animals for grassland management and creating
a unique wildlife viewing opportunity for the public.
E. CSU will collaborate with the City and County to conduct surveys that evaluate
the impact that bison have on grassland health. This will include non-invasive research
conducted by graduate students from CSU, and will also provide opportunities for citizen
volunteers to be involved in the Project.
F. Use of the Properties for the Project will also benefit the public by supporting
important work in bison genetics, disease mitigation and management, and the implementation of
new techniques in the reproductive sciences to help conserve an iconic grassland species.
1
NOW, THEREFORE, the parties agree as follows:
1. Term and Termination. The term of this Agreement will begin on the Effective
Date and continue until termination of the Project. Any Party may also terminate this Agreement
at any time on no less than six (6) months advance written notice to the other Parties.
2. Funding.
(a) CSU, APHIS, the City and the County will collaborate to develop funding sources
("Project Funds") to pay for the construction, maintenance and repair of bison fencing, bison
handling facilities, water development, and other necessary grazing and grazing management
infrastructure, and herd maintenance needs on the Properties, including but not limited to
veterinary care and supplemental feed. Funding provided by the City and County will not
exceed the amount of funding provided by other partners in the project and will only be used for
expenses on the Properties. The City and County are not obligated to provide funding for the
Project.
(b) Non-City or County Project Funds will be held and administered by CSU or
CSU's designee, and possibly through the CSU Foundation, which can accept tax-deductible
donations to be made to the Project.
(c) The City has agreed to provide and install bison fencing on the Properties at a
value of up to Forty Thousand Dollars ($40,000) in matching funds for initiation of the Project
on the Properties.
3. Construction of Improvements.
(a) While the initial bison fencing will be installed by the City, other parties may want to
place other improvements on the Properties from time to time. No improvements may be placed
on any of the Properties by CSU or APHIS without the prior express written approval of the
owner of such Property. The City and County will review and approve the location and design
of any improvements proposed to be constructed on their respective Properties for the Project,
including bison fencing and other grazing infrastructure. Any proposed improvements must be
submitted to the owner of the property for its review at least sixty (60) days in advance of the
proposed installation. The City and County will, in their reasonable sole discretion, approve or
deny any requests for improvements. If a request is denied, the City and/or County will provide
CSU and APHIS with a written response with the reason for the denial of approval. The
construction of all such improvements on City-owned Properties may need to be contracted
through the City's purchasing process, or as otherwise approved by the City's Director of
Purchasing and Risk Management.
(b) The City and/or County agree to install signage at the entrance to the Properties that
are being used for bison grazing with appropriate information about the Project and bison safety.
The Parties shall confer on the type and nature of all such signage.
2
4. City and County Rights and Responsibilities.
(a) The City and County will provide a portion of the Properties for year-round
grazing purposes for the Project, and hereby grant to CSU, APHIS and to each other a license to
enter on their respective Properties for the purpose of carrying out the obligations of the parties
under this Agreement.
(b) On or about March 1 of each year, commencing in 2015, the City, County and
CSU will collaboratively develop an annual written "Grazing Plan" for the Properties, which will
include stocking rates, animal unit months ("AUMs") for each pasture, and grazing rotation
plans. If the City, County and CSU have not agreed upon a Grazing Plan by May 1 of each year,
the City and County will determine the Grazing Plan for that year and provide CSU and APHIS
with a written copy of the Grazing Plan..
(c) The parties acknowledge that the City and County currently have cattle grazing
programs on Soapstone and Red Mountain and that they intend to maintain those programs.
Further, the City may initiate a grazing program on Reservoir Ridge and may, in its sole
discretion include the property in this Agreement.
(d) Notwithstanding paragraph 4(b) above, if the City or County determines that the
grazing conditions on its respective Property warrant it, whether such conditions are caused by
drought, pestilence, insect infestation or any other circumstance beyond the City and County's
control, the City or County may reduce the agreed-upon number of AUMs per year on its
Property to that number it determines is appropriate under the then-existing grazing conditions.
If favorable grazing conditions exist, and the City or County determines that conservation
objectives will not be negatively impacted by additional grazing, the City or County may
increase the numbers of AUMs per year on its property to a number it determines is appropriate
under the then-existing grazing conditions.
(e) In addition to grazing land, the City and County (or their designees) will
coordinate with each other to provide the following on the Properties:
(1) Access to existing water sources for livestock;
(2) Grazing management, including monitoring of forage use, water
availability and range conditions to determine if changes are needed, and
reporting any necessary actions to Jennifer Barfield (910-354-8061 or
Jennifer.Bartield avolostate.edu) at CSU;
(3) Periodic herd monitoring including reporting any problems or changes to
CSU (contact: Jennifer Barfield or main ARBL office at 970-491-3456);
and
(4) Periodic inspection, maintenance and repair of fencing, water
developments, and other grazing infrastructure during normal working
hours.
3
(f) The City and County agree to allow research by CSU faculty and students on the
Properties with the approval of the City and/or County. A written summary of the proposed
research project must be submitted to the City and/or County for their review and approval at
least 30 days prior to the initiation of the study.
5. CSU Rights and Responsibilities.
(a) All bison placed on the Properties will be owned by, and be the responsibility of,
CSU. CSU will provide veterinary care, reproductive services, veterinary supplies, and
supplemental feed for the animals as needed. All supplemental feeding will be conducted in
predetermined locations on the Properties approved in advance in writing as part of the Grazing
Plan, and all hay shall be certified "weed free" by a certifying body acceptable to the City and
County in their sole discretion. CSU will monitor the animals on a regular basis and will
respond promptly to any reports from the City or County of sick or injured animals, escaped
animals, .or needed changes in stocking or rotation dates based on changed conditions on the
Properties. CSU will be responsible for gathering and/capturing any escaped bison.
(b) CSU will administer the Project Funds (see section 2a and 2b) to reimburse
reasonable costs for labor and materials for maintenance and repair work on fencing, water
developments, and other infrastructure. CSU will reimburse the City or County within thirty
(30) days of receipt of a detailed invoice describing the work performed. Estimates for these
costs will be provided to CSU for approval prior to the initiation of the work, except in an
emergency. In the case of an emergency repair or similar situation, the City or County may
proceed with the work and provide invoices for the repair to CSU as soon as reasonably
possible.. If Project Funds are depleted and the parties agree that certain maintenance or repair
work is necessary and should be performed, CSU may agree to reimburse the cost of such
materials provided that the City and County provide the labor for such maintenance or repair
work from other sources.
(c) CSU may use the Properties for bison grazing purposes only. This Agreement
does not allow for any other private or commercial uses, hunting, shooting, trapping or poisoning
of wildlife, or control of prairie dogs.
(d) In consideration of the use of the Properties for grazing, CSU agrees to use best
efforts so that any animals that are no longer needed for the Project will be disposed of in priority
as follows:
(1) Provided as "seedstock" to other public conservation herds;
(2) Sold to private producers, provided all proceeds from such sale are used to
support the Project;
(3) Donated to the City and/or County, subject to the City's or County's
acceptance of the donation in its discretion;
(4) If other options are exhausted, the animals may be sold to slaughter,
provided all proceeds from such sale are used to support the Project; or
4
(5) If the Project has been terminated or the herd is completely eliminated
through slaughter, the proceeds of any sale will be donated to the City and
County to reimburse each party for expenses associated with the Project.
Once the City and County are fully reimbursed, the remaining funds can
be used by CSU to cover Project expenses. Any funds remaining may be
donated to the American Bison Society or similar American bison
conservation organization.
(e) CSU, in cooperation with the City and County, will conduct studies on how bison
grazing impacts prairie ecosystem health. In addition, faculty and students from various colleges
will conduct non-invasive research approved by the City and/or County. Participation by other
organizations in these studies, such as the Denver Zoo will be managed through CSU. All
organizations participating in studies on the Properties must be approved by the Property owner,
and approval will be at the Property owner's sole discretion.
6. APHIS Responsibilities. APHIS will provide the "seedstock" bison for the
Project and will provide disease monitoring on a regular basis for all Project animals. APHIS
will provide testing to ensure that bison remain brucellosis free.
7. Education and Outreach. The parties will collaborate on education and outreach
programs related to the Project. All parties will be acknowledged on printed materials, press
releases and other materials developed about the Project. Peer-reviewed, scholarly publications
will acknowledge all parties but will not give authorship unless individuals provided significant
contributions to experimental design, data collection, or data analysis of the published study.
8. Use and Condition of the Properties.
(a) CSU and APHIS acknowledge that the Properties are open to the public. The
City and County reserve the right to close all or any portion of the Properties to the public at any
time. The City and County also reserve the right to perform management activities on the
Properties, and to make alterations, changes and additions to the land and improvements that
make up the Properties, at any time.
(b) Neither CSU nor APHIS shall permit or allow the use of the Properties by: (1) the
general public, except for members of the public using the Properties in accordance with the City
of Fort Collins Code and Natural Areas regulations and policies, and Larimer County Natural
Resources Regulations, or (2) any persons other than CSU and APHIS's employees or agents,
who are permitted to occupy or use the Properties only to the extent required to carry out the
purposes of this Agreement.
(c) Only licensed vehicles are allowed on the Properties and must remain on
established roads. Unlicensed vehicles are prohibited, except that ATVs used for animal
management activities may be used on or off established roads, but only with the express written
permission of the City or County, as applicable, keeping such use to an absolute minimum and
only during dry conditions unless such use is necessary due to an emergency situation.
5
(d) CSU and APHIS acknowledge and agree that the City and County have not made,
do not make, and specifically negate and disclaim any representations, warranties, or guarantees
of any kind whether expressed or implied, oral or written, past, present, or future, concerning the i
Properties and; (i) the value, nature, quality, or condition of the Properties, including, without
limitation, the water, soil, and geology of the Properties; (ii) the suitability of the Properties for
any and all activities and uses which the parties may conduct thereon including the grazing of
livestock; (iii) the compliance of or by the Properties or their operation with any laws, rules,
ordinances, regulations of any applicable governmental authority or body; (iv) the manner or
quality of the construction or materials, if any, incorporated into the improvements located on the
Properties; (v) the manner, quality, state of repair or lack of repair of the improvements located
on the Properties; or (vi) any other matter with respect to the Properties and the improvements
located thereon. Specifically, the City and County have not made, do not make and specifically
disclaim any representations regarding compliance with any environmental protection, pollution,
or land use laws, rules, regulations, orders, or requirements, including solid waste, as defined by
the U.S. Environmental Protection Agency regulated at 40 C.F.R., Part 261, or the disposal or
existence, in or on the Properties, of any hazardous substance, as defined by the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended, and regulations
promulgated thereunder.
9. Special Conditions.
(a) Winter/Off Season. CSU, the City and the County_acknowledge that access to some or
all of the Properties may be difficult in the winter months. CSU, the City and the County agree to
use best efforts to monitor bison health, supplemental feed and water needs on the Properties on
a regular basis using the resources of CSU, the City and County as available for each Property.
(i) Soapstone Prairie Natural Area. Soapstone has a resident ranch manager that is
employed by the grazing tenant on the Property. The City will request that the ranch
manager monitor the above needs during his/her regular working hours, even during the
period of time that the area is closed to the public. However, the parties acknowledge that
the grazing tenant and its ranch manager are not employees or agents of the City and are
under no obligation to provide these services. CSU will provide additional support to
monitor the animals if the ranch manager is not available and advance notice is provided
to CSU by the City.
(ii) Red Mountain Open Space and Reservoir Ridge Natural Areas. CSU, the City
and County will agree upon a winter monitoring plan for these two properties prior to the
introduction of bison into these areas.
(b) Calving Season. The bison calving season is from April Is` — July 31st of each year.
During this period, visitor access may need to be restricted for public safety, or, at a minimum,
additional signage and information may need to be provided to visitors of the Properties. The
Parties agree to collaborate to provide this restricted access when warranted.
6
10. Communications. The Parties agree to collaborate in advance on any press release,
media statement, adjacent landowner communication or promotion related to the use of the
Property for the Project. Also, the Parties acknowledge that, in the event of an emergency
concerning the Property and the Project, they will use their best efforts to coordinate with each
other on any public communications; however, coordinating such communications in advance
may not be practicable. In addition, the Parties agree to collaborate on their fund raising and
communications for the Project.
11. Liability and Insurance.
(a) To the extent permitted by applicable law, each party will be responsible for its
own negligent acts or omissions and that of its officers, employees, agents and contractors.
Neither the City nor the County will be liable to CSU, APHIS or each other for any livestock
injuries or deaths, regardless of cause, incurred in connection with grazing on the Properties
under this Agreement, unless such injuries or deaths result from a negligent act or omission of
the City or County. Any liability of the City, County, CSU, or their officers and employees is
subject to all the defenses, immunities, and limitations of the Colorado Governmental Immunity
Act (Section 24-10-101, et seg. and to any other defenses, immunities, and limitations to
liability available under the law.
(b) During the term of this Agreement, CSU, at its sole cost and expense, must
procure, pay for, and keep in full force and effect a comprehensive policy of general liability
insurance and insuring CSU in an amount not less than One Million Dollars ($1,000,000.00),
which may also be provided through self-insurance, covering bodily injury, including death to
persons, personal injury, and property damage liability arising out of a single occurrence. Such
coverage must include, without limitation, the insured's' liability for property damage, bodily
injuries, and death of persons in connection with the keeping of CSU's bison on the Properties
(including acts or omissions of CSU or of its officers, employees, or agents), and protection
against liability for non-owned and hired automobiles. Such coverage must also include
automobile liability insurance. All such policies of insurance must name CSU as an insured and
name the City and County as additional insureds. CSU shall provide the City and County with
notice of cancellation within 30 days. CSU will provide certificates of insurance to the City and
the County as evidence of insurance. Notwithstanding the notice period in paragraph 1, if CSU's
insurance is cancelled the City and/or County may immediately terminate this Agreement and
require removal of the animals from the Properties.
(c) All Project work conducted on the Properties, including movement of animals
from outside Colorado onto the Properties, must comply with all applicable laws, regulations and
other legal requirements.
12. Default. If any party defaults in its obligations under the terms of this Agreement,
a non-defaulting party may give the defaulting party written notice specifying the nature of the
default. If the defaulting party has not cured the default within thirty (30) days, or, for a default
reasonable requiring more than 30 days to effect a cure, has not commenced a cure within 30
days and pursued it with diligence, then the non-defaulting party may terminate this Agreement
and/or pursue all available remedies at law or in equity.
7
13. Termination. `Upon termination of this Agreement:
(a) All bison must be removed from the Properties unless CSU agrees to donate, and
the City or County agrees to accept, some or all of the animals.
(b) Upon termination of the Project, CSU will remove surface fixtures, equipment
and other improvements installed on the Properties for the Project, except for the fencing, to the
extent requested by the City and County. CSU must consult with the Property owner in .
advance of any such removal, and the City or County may in its sole discretion require CSU to
leave some or all improvements in place, provided that CSU shall be allowed to remove all
portable handling facilities from the Properties. If CSU removes improvements from the
Properties, CSU shall restore the Properties to a condition comparable to their condition prior to
the removal activities.
14. Notices. Any notice or other communication given by any party to another
relating to this Agreement must be hand-delivered or sent by registered or certified mail, return
receipt requested, or by overnight commercial courier, addressed to such other party at its
respective addresses set forth below; and such notice or other communication will be deemed
given when so hand-delivered or three (3) business days after so mailed, or the next business day
after being deposited with an overnight commercial courier:
If to the City:
Natural Areas Department
City of Fort Collins
Attn: Natural Areas Director
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 80522
If to the County:
Larimer County Natural Resources Department
1800 S. County Road 31
Loveland, CO 80537
8
If to CSU:
Animal Reproduction and Biotechnology Lab
Attn: Department Head
Colorado State University
Fort Collins, CO 80523
With a copy to:
Office of the General Counsel
Colorado State University System
O1 Administration Building
0006 Campus Delivery
Fort Collins, CO 80523
If to APHIS:
Animal and Plant Health Inspection Service
Veterinary Services, Office of the Deputy Administrator
Washington, DC 20250
15. Obligations Subject to Appropriation. The obligations of the City and of the
County to commit or expend funds after calendar year 2014 are subject to and conditioned upon
the annual appropriation of funds sufficient and intended to carry out said obligations by the Fort
Collins City Council and the Larimer County Board of County Commissioners, respectively, in
the City and County's sole discretion. If the City Council or Board of County Commissioners do
not appropriate funds necessary to carry out any such obligations, the City or County will notify
the other parties promptly of such non-appropriation. If such non-appropriation results in a
material impairment of CSU or APHIS's rights hereunder, such party may terminate the lease,
with no further recourse against the City or County, by providing thirty (30) days written notice _
to the City and or County. If neither party exercises this termination right within sixty (60) days
of receiving the City's or County's notice of said non-appropriation, then each such party waives
its right to terminate this Agreement pursuant to this section.
16. General Provisions.
(a) Words of the masculine gender include the feminine and neuter gender;
and when the sentence so indicates, words of the neuter gender refer to any gender. Words in the
singular include the plural and vice versa.
(b) This Agreement is to be construed according to its fair meaning and as if
prepared by all parties hereto and is deemed to be and contain the entire understanding and
agreement between the parties hereto. There shall be deemed to be no other terms, conditions,
promises, understandings, statements, or representations, expressed or implied, concerning this
Agreement unless set forth in writing and signed by the parties hereto.
9
(c) This Agreement cannot be modified or assigned except in writing signed
by all parties.
(d) Subject to the provisions hereof, the benefits of this Agreement and the
burdens hereunder inure to and are binding upon the parties hereto and their respective heirs,
administrators, successors, agents and permitted assigns.
(e) This Agreement will be governed by and its terms construed under the
laws of the State of Colorado. Any judicial proceedings commenced by a party to enforce any of
the obligations, covenants, and agreements contained herein, must be commenced in the Larimer
County District or County Courts or the Federal Courts in Denver, Colorado.
(f) Nothing contained herein is deemed or should be construed by the parties
nor by any third party as creating the relationship of principle and agent, a partnership or a joint
venture between the parties, or an employment relationship between the parties.
(g) This Agreement is made for the sole and exclusive benefit of the City,
County, CSU and APHIS, their successors and assigns, and it is not made for the benefit of any
third party.
(h) The City and County reserve the right to grant to any third party such
easements and rights-of-way as they each may desire over, across, and under portions of the
Properties and to lease all or any portion of the Properties to any other third party so long as such
easements, rights-of-way, and leases do not unreasonably interfere with the rights of CSU or
APHIS as provided in this Agreement.
(i) If any term or condition of this Agreement is held to be invalid by final
judgment of any court of competent jurisdiction, the invalidity of such a term or condition, will
not in any way affect any of the other terms or conditions of this Agreement, provided that the
invalidity of any such term or condition does not materially prejudice any party in their
respective rights and obligations under the valid terms and conditions of this Agreement.
0) To the extent necessary to carry out all of the terms and provisions hereof,
the said terms, obligations, and rights set forth herein survive and will not be affected by the
expiration or termination of this Agreement.
(k) No party will be deemed in violation of this Agreement if prevented from
performing any of its respective obligations hereunder by reason of strikes, boycotts, labor
disputes, embargoes, shortage of energy or materials, acts of God, acts of public enemies, acts of
superior governmental authorities, weather conditions, rights, rebellions, sabotage, or any other
circumstances for which it is not responsible or that are not within its control.
10
THE CITY OF FORT COLLINS, COLORADO
a Municipal Corporation
Date: By:
Darin A. Atteberry, City Manager
ATTEST:
City Clerk
APPROVED AS TO FORM:
Assistant City Attorney
] l
LARTMER COUNTY, COLORADO
By ----------------------------------------------------
Linda Hoffmann, County Manager
APPROVED AS TO FORM:
County Attorney
12
THE BOARD OF GOVERNORS OF THE
COLORADO STATE UNIVERSITY SYSTEM,
ACTING BY AND THROUGH COLORADO
STATE UNIVERSITY
Date: By:
Amy L. Parsons
Vice President for University Operations
Approved:
Date: By:
Dr. Thomas Hansen, Director
Animal Reproduction and Biotechnology
Laboratory
Legal Review:
Date: By:
Jason L. Johnson
Deputy General Counsel
Colorado State University System
i
13