HomeMy WebLinkAbout2009-071-07/21/2009-AUTHORIZING THE ISSUANCE OF A REVOCABLE PERMIT TO THE BOARD OF GOVERNORS OF THE COLORADO STATE UNIVE RESOLUTION 2009-071
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AUTHORIZING THE ISSUANCE OF 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 is constructing a parking garage across Lake Street from its campus that
will,on its rooftop,accommodate a solar photovoltaic array("Solar Generator")designed to produce
renewable electric energy; and c
WHEREAS, the City and several partners, including CSU, have received a federal grant to
establish a zero energy district, known as FortZED, which district is a partnership of entities,
individuals,and organizations that have agreed to cooperatively create as much thermal and electric
energy locally as those partners use; and
WHEREAS, CSU would like to connect the Solar`Generator to its campus-wide electric
distribution system in order to supply renewable energy into the FortZED distributed system by
installing electric service lines, conduits and cable (the "Equipment") under the Permit Area; 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
WHEREAS,CSU will bear all costs of installing,operating,and maintaining the Equipment
required to connect the Solar Generator 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 that is contingent on the authorization by the
City Council, a copy of which is attached hereto as Exhibit "B" 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 that the authorization of the same in accordance with the terms and conditions
contained in the Revocable Permit will not materially alter the viability of the electric utility system;
and
WHEREAS, the citizens of the City would benefit from the development of this electric
distributed generation capability and from the activities to be authorized by the Revocable Permit;
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 I. -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 Area.
Passed and adopted at a regular meeting of the Counci he City of Fort Collins this 21 st
day of July A.D. 2009.
J
Mayor
ATTEST:
LL Voca-u
-City Clerk
EXHIBIT A
PROPERTY DESCRIPTION
10'Permit Area
A 10'strip of land for permit area purposes crossing Lake Street of A.L.Emigh's Subdivision,
according to the Replat and Vacation of Road map filed October 28, 1907 as Reception No. 110694,
Plat Book 3,Page 13 of the Records of Larimer County,situate in the South Half(S1/2)of the
Southeast Quarter(SE1/4)of Section Fourteen(14) of the Sixth Principal Meridian(6th P.M.),
Larimer County,Colorado,said centerline being more particularly described as follows:
COMMENCING at the South Quarter Comer of said Section 14,monumented by a 2-1/2"Aluminum
Cap on a#6 Rebar,LS17497,and considering the South line of the SEI/4 of Section 14,as
monumented at the Southeast Corner of said Section 14 by a 3-1/4"Aluminum Cap on a 2"O.D.Pipe,
LS17497,as bearing South 89°38'53"East,being a Grid Bearing of the Colorado State Plane
Coordinate System,North American Datum 1983/2007,a distance of 2655.55 feet,with all other
bearings contained herein relative thereto;
THENCE South 89°38'53"East along the South line of the SE1/4 of Section 14,a distance of 78120
feet to the Southerly prolongation of the Easterly Right of Way line of Center Avenue as Recorded in
Book H 43,Page 680 of the Records of Latimer County;
THENCE North 00°02'07"East along said Southerly prolongation and along the Easterly Right of
Way line of said Center Avenue a distance of 559.75 feet to the Southerly Right of Way line of Lake
Street according to the Replat and Vacation of Road map filed October 28, 1907 as Reception No.
110694,Plat Book 3,Page 13 of the Records of Larimer County;
THENCE South 89°55'34"East along the Southerly Right of Way line of Lake Street a distance of
211.38 feet to the POINT OF BEGINNING;
THENCE North 00004'26"East a distance of 60.00 feet to the Northerly Right of Way line of Lake
Street;
THENCE South 89°55'34"East along the Northerly Right of Way line of Lake Street a distance of
10.00 feet;
THENCE South 00°04'26"West a distance of 60.00 feet to the Southerly Right of Way line of Lake
Street;
THENCE North 89°55'34"West along the Southerly Right of Way line of Lake Street a distance of
10.00 feet-to the POINT OF BEGINNING.
Said described parcel of land contains a total of 600.00 sq.ft,more of less and is subject to any
existing easements and right of way of record or as now existing on said described parcel of land.
SURVEYOR'S STATEMENT
I,Steven A. Lund,a Colorado Registered Professional Land Surveyor do hereby state that this
Property Description was prepared under my personal supervision and checking,and that it is true and
correct to the best of my knowledge,information,belief,and in my professional opinion.
Pp0 REG�
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Land Surveyor #34995
KING SURVEYORS,INC.
650 Garden Drive
Windsor,Colorado 80550
(970)686-5011
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10' WIDE PERMIT AREA EXHIBIT A SAKE STREET, REPLAT OF A.L_
CROSSING LAKE STREET I I EMIGHS SUBDIVISION
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EXHIBIT "B"
REVOCABLE PERMIT FOR ELECTRIC SERVICE LINES AND RELATED
EQUIPMENT
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
University Parking Structure, which includes a solar photovoltaic array generator
located on the roof, 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. Equipment Maintenance, Replacement or Modification.
a. Grantee is the sole owner of the Equipment.
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 undergound 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.
Page 1 of 7
2. 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").
3. Equipment must be Underground.
Under no circumstances shall Grantee locate the Equipment above ground.
3. 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
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.
4. 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 December 31, 2009. 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.
5. Authority for Permit.
Page 2 of 7
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.
6. Encumbrances.
i
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.
7. 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
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.
8. 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.
Page 3 of 7
9. Insurance.
During the term of this Agreement, Grantee shall maintain general liability coverage in
connection with the License 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.
10. 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
registered mail in a postage prepaid envelope addressed to the parties as follows:
Grantee: Deputy General Counsel
Office of.the General Counsel
01 Administration Building
Colorado State University
Fort Collins, CO 80523
Grantor: Fort Collins Utilities
City of Fort Collins
P.O. Box 580
Fort Collins, CO 80522
10. 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.
Page 4 of 7
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.
Signatures on following pages
Page 5 of 7
WITNESS OUR HAND (S) AND SEAL (S) this _ day of
200
GRANTOR:
THE CITY OF FORT COLLINS, COLORADO
a municipal corporation
By:
Douglas P. Hutchinson, Mayor
ATTEST: APPROVED AS TO FORM:
r
Wanda Krajicek, City Clerk Assistant City Attorney
STATE OF COLORADO )
) ss.
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this_day of
12009, 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,
Thomas A. Gorell,
Sr. Vice President for
Administrative Services
Legal Sufficiency Reviewed:
1
Associate General Counsel
STATE OF COLORADO )
ss
COUNTY OF LARIMER )
The foregoing instrument was acknowledged before me this day of
2009, by Thomas A. Gorell, Sr. Vice President for Administrative
Services, Colorado State University.
WITNESS my hand and official seal.
My commission expires:
Notary Public
Page 7 of 7