HomeMy WebLinkAbout4B - Public hearing and review of License Agreement for a labyrinth garden entitled "Meander & MeetCITY OF BOULDER
PARKS AND RECREATION ADVISORY BOARD AGENDA ITEM
MEETING DATE: January 29, 2007
AGENDA TITLE: Public Hearing and review of a License Agreement for a labyrinth
garden entitled "Meander & MeeY' ("Labyrinth") approximate to the Boulder Public
Library at 951- 953 Arapahoe Avenue
PRESENTERS: Jan Geden, CPRP, Director Parks and Recreation
Alice Guthrie, Parks and Planning Superintendent
Mike Gurrola, Park Planner
EXECUTIVE SUMMARY:
The purpose of this License Agreement between the city of Boulder and Airworks Studio
Inc. is for the construction of a labyrinth gazden and associated maintenance of path and
improvements on pazk property. The Agreement is structured to gant a license in order
to comply with the requirements of Section 164 of the Boulder City Charter and Section
8-3-23, B.R.C., 1981 which together authorize the Parks and Recreation Advisory Board
(PRAB) to approve licenses recommended by the city manager provided the license does
not exceed three years in length.
The labyrinth is a joint project between the Boulder Public Library Foundation, Boulder
Pazks and Recreation Deparhnent, Boulder Community Hospital, Roche Phannaceuticals
and the Boulder Arts Commission. "Meander and MeeY' is the name given to this project
by the Grillo Center. The location is on park land west of the main library on the south
side of Boulder Creek. The size of the azea is about 235 feet long by 50 feet wide. This
labyrinth is planned to be an interactive public art form.
The labyrinth proponents currently involved in this project are Karen Ripley, George
Peters, Melanie Wallcer, Susan Wadle and their attorney Rich Lopez. Other city staff and
community members have been involved in this over the years including former Library
Director Marcelee Gralapp.
Natural materials will create two intersecting paths. The paths will start at each end of
the linear pazk space and meander in small loops to a central circle where the two paths
will spiral to a central meeting place. Volunteers will be scheduled to construct and
maintain the path in springtime, per the proposed license agreement. The materials will
be two-inch thick bricks laid upon a sand base and tamped into place as a border for the
gravel fines wallcing surface.
AGENDA ITEM #4B PAGE 1
The approximate cost of this project is $2,500 in staff time and $2,100 in donated brick
pavers from the Downtown and University Hill Management Division and volunteer
labor.
Key Issue Identification:
The labyrinth proponents brought forward a proposal several years ago. This proceeded
at staff level and needed to have a public hearing on the proposal.
STAFF RECOMMENDATION:
Staff recommends that the PRAB approve this License Agreement for a labyrinth
BOARD AND COMMISSION FEEDBACK:
At the April 2006 PRAB meeting, boazd members had questions about the term of
agreement and the term is for three years. There has been no other formal feedback. A
plan was presented to the PRAB at the June 2005 and Apri12006 study session and also
as an informational item at the Apri12006 meeting. A brief discussion and presentation
occurred at the Apri12006 meeting.
COUNCIL FILTER IMPACTS:
Economic: This site is not heavily used or currently scheduled for many
activities, except the Boulder Creek Festival, therefore there are no fees collected
at this location. No additional maintenance personnel or funds aze expected at this
site. The Agreement states that the proponents will be responsible for
maintenance during a three yeaz period. There are no known impacts to the
business community. This area may see an increase in the public visiting this
labyrinth.
Euvironmental: The environmental impacts have been addressed in the permit
processes. No pesticides will be used in this area. The Agreement identifies hand
weeding as the method for removal. Staff may access this site with a trucks and
mowers during the summer far turf caze and trash removal. There will be no
winter snow removal. Gasoline or biodiesel fue] will be used in these vehicles. In
an effort to conserve resources and promote zero waste no additional containers
will be installed at this site since this would require additional vehicle trips.
Social: This area will be open and accessible to people of all abilities. Recent
articles suggest a new reviva] of this ancient pattern. The Grillo Health
Information Center home web page states "Walking a labyrinth can be a
calming meditative process or it can be a playful, spirited activity. Labyrinths
are works of art, places to play and places for introspection and healing". This site
can provide a nearby outdoor area for some elderly users from the adjacent West
Boulder Senior Center.
OTHERIMPACTS:
No new or additional maintenance staff or funds are expected at this sjte due to this new
construction. Park staff will continue to provide huf and imgation care in this area as in
AGENDA ITEM #4B PAGE 2
past years. The Agreement states that the proponents will be responsible for maintenance
during a three year period ~
The Downtown and University Hill Management Division has donated approximately
$2,100 in brick pavers towards this project.
PUBLIC FEEDBACK•
In 7une 2005 there was one person from Lafayette in opposition to this project. There was
a feature article in the February 28, 2006 Daily Camera edition. Staff has received one
letter in opposition after this date. There have been no recent public meetings devoted to
this project.
There have been two known opponents to this project. Staff received one phone call and a
letter from Bettina Madison in December 2006 with some concems about the proposed
labyrinth along Boulder Creek. Apparently she provides daycare for local families and
brings the small children to the creek; she felt this increased activity would be disruptive.
A speaker from Lafayette spoke at a PRAB meeting in 2005 in opposirion. Staff received
no other letters in opposition.
Information in English and Spanish about this project has been placed at the proposed
site, in the nearby public buildings, on the website and in the Daily Camera.
ANALYSIS:
This area sees limited public use. No surveys or studies were commissioned to verify
possible alternative sites for this increase in activity. Labyrinth proponents approached
staff several yeazs ago and there seemed to be no opposition to this location or project.
The proponents have set up a temporary labyrinth at this site during the Boulder Creek
Festival in May for several years and staff has heard of no negative experiences. Current
and previous Parks and Recreation staff inet and or assisted the labyrinth proponents with
City of Boulder wetland and floodway applications or permits. A wetland permit was
issued in July 2005.
In Febniary of 2006 staff became aware of no formal agreement between the city and the
project proponents. Staff had various concerns and did not wish to have a permanent
structure installed without an agreement in place. The City Attorney recommended that
the appropriate type of agreement was a license agreement between the city and Airworks
Studio Ina The license agreement would be for up to three years and be approved by the
PRAB. Staff developed a draft agreement with the labyrinth proponents and submitted it
to the City Attorney's Office. Terms of the agreement included that the Airworks Studio
Inc. would commit to construction of the labyrinth and ongoing weeding and
maintenance of the brick pavers. Parks staff would monitor the area and notify the
volunteers of weeds or safety concerns of uplifting bricks. At the end of the three years,
the city would determine if it wished to continue with the labyrinth, and if not, would
remove it at the city's expense. The City Attorney's Office made revisions in Mazch and
April, and a draft was submitted to PRAB in Apri12006. The labyrinth proponents hoped
to install the permanent labyrinth in time for the May 2006 Boulder Creek Festival;
AGENDA ITEM #4B PAGE 3
however a temporary labyrinth was allowed as in previous years. Staff submitted a draft
agreement to labyrinth proponents in June. The labyrinth proponents' lawyer reviewed
the agreement and staff received comments in August. The concerns from labyrinth
proponents were the liability issues and the associated higher insurance costs. The
labyrinth proponents felt this was a costly and unwarranted request and because this is a
gift to the city the labyrinth proponents should not be responsible after conshuction. The
labyrinth proponents used the neazby Eccentric Garden at the north Library entrance as
an example of an existing project without an insurance burden.
Staff has worked with the City Manager's Office and City Attomey's Office to answer
the insurance liability questions. The license agreement will be structured so that
Airworks Studio Inc. would not need insurance beyond the construction period and the
city would take on the burden of liability during the maintenance period. The license
agreement would still be in place for the term (three years) but the artists would not be
liable after the construction period.
MATffiX OF OPTIONS:
If the PRAB approves the staff recommendation for this agreement and pilot project the
next steps would be to finalize the agreement with the labyrinth proponents. Staff will
work with the labyrinth proponents to schedule conshuction of the labyrinth. Staff will
monitor and record safety and maintenance items that may arise to determine whether the
labyrinth should continue. ~
The labyrinth proponents view this installation as a community benefit and a gift to the
city. If PRAB chooses to not receive this gift, potenrial future donations may not be as
forthcoming.
Approved By:
Jan Geden,
Department Director
ATTACHMENTS:
ATTACHMENT A: Location Map
ATTACHMENT B: License Agreement
AGENDA ITEM #4B PAGE 4
ATTACHMENT A
1 inch equals 49 feet QTy OF BOULDER AERIAL PHOTO DATE : 2003
Feet PLOT DATE: 01-19-07
o,0 20 4o eo Bo PARKS & RECREATI4N m°9
AGENDA ITEM #4B PAGE 5
L~CATI~N MAP
ATTACHMENT B D RA F T
CONSTRUCTION AND MAINTENANCE LICENSE AGREEMENT
951 - 953 ARAPAHOE AVENUE
THIS CONSTRUCTION AND MAINTENANCE LICENSE AGREEMENT,
("AgreemenP') is by and between the City of Boulder, a Colorado home rule
municipality, whose address is P.O. Box 791, Broadway, Boulder, CO, 80306 (the
"City" or "Licensor"); and Cmllo Healthcaze Information Center, whose address is
1765 Hawthorne Place, Boulder, CO 80304, and the Airworks Studio Incorporated, a
Colorado corporation, whose address is 815 Spruce Street, Boulder, CO 80302,
collectively laiown as ("Licensee"), and is entered into effective as of the day
of . 2007.
RECITALS
A. Licensee wishes to consriuct a path and associated improvements for a labyrinth
garden entitled "Meander & Meet" ("Labyrinth") neaz the Boulder Public Library,
(the "Librar}~') addressed at 1000 Canyon Blvd., and generally located between
Canyon Blvd. and Arapahoe Avenue, Boulder, Colorado, with the Library
building constructed on both sides of and spanning Boulder Creek.
B. The Labyrinth and associated improvements would be generally located on the
south side of Boulder Creek by the Library and extending south and west
approximately 100 feet to the northerly side of a wooden retaining wall at the
Boulder 5enior Center parking lot generally located on Arapahoe Avenue and
west of the Library.
C. The Labyrinth and improvements will consist of a series of ineandering pathways
and a circulaz labyrinth and would be approximately 235 feet long by 50 feet
wide, as more fixlly described on Exhibit "A", attached hereto and incorporated
herein by reference ("License Area").
D. It is recognized by the Parties that the development and use of portions of City
property by the Licensee benefit the City and the public.
E. The City is authorized by law to establish park areas and public uses.
F. The Agreement is structured to grant a license in order to comply with the
requirements of Section 164 of the Boulder City Charter and Section 8-3-23,
B.R.C. 1981 which together authorize the Parks and Recreation Advisory Boazd
to approve licenses recommended by the city manager provided the license does
not exceed three yeazs in length.
G. The Agreement shall be subject to final approval by the Pazks and Recreation
Advisory Board as a three year Agreement.
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R
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
of the Parties set forth in this Agreement, the Parties agree as follows:
1. Purpose. The City and the Licensee enter into this Agreement for the purposes of
access, construction and maintenance of a path and improvements for a labyrinth
garden and appurtenances thereto, by the Licensee, together with all rights and
privileges as aze necessary or incidental to the reasonable and proper use of such
licensed real property.
2. Consideration. In consideration for this license, the Licensee agrees to pay to the
city the sum of Ten ($10.00) Dollazs and other good and valuable consideration,
the receipt of which is hereby acknowledged.
Grant of License. The Parties agree that this Agreement grants only a license. It
is a grant of permission for the Licensee to do those items outlined in this
Agreement. It shall not be construed to convey any property interest in the
License Area on which the labyrinth and paths are constructed. The City grants to
the Licensee, its employees, authorized agents and contractors, permission to
enter onto the License Area for the purposes set forth in this Agreement, which
include without limitation, provisions for the following: Construction,
maintenance and caze of the labyrinth and pathways as set forth below in
Paragraph 8 of this Agreement and all other activities necessary and incidental to
the construction of the labyrinth and path.
4. Term of License. The term of the License granted by this Agreement shall be for
a period not to exceed three (3) yeazs from the date above stated, unless sooner
terminated by the City as provided herein. This License may be renewed only by
action of the Pazks and Recreation Advisory Board.
5. Use of the Labvrinth. The Parties agree that the use of the Labyrinth and
associated improvements shall be open to the public in a manner that is similaz to
other such City improvements and shall not exclude any member of the public
from its use.
6. Imnrovements and Ownership. Unless otherwise set forttt in this Agreement, all
improvements presently in place or to be constructed in the future on the License
Area, shall remain with the land on which the improvements aze located and shall
be considered the property of the City.
7. Citv's Representative. Mike Gurrola, with the Boulder City Pazks and Recreation
Deparhnent (Ph. 303/413-7228) will be the City's representative appointed to
coordinate activities with the authority to make decisions as may be required
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ATTACHMENT B p~ A F T
under this Agreement. The City retains the right to name a different
representative and will notify the Licensee should its representative change.
8. Construction, Maintenance and Care. The Licensee hereby agrees to construct,
maintain and care for the License Area as follows:
a. Construct a series of ineandering pathways and a circulaz labyrinth
composed of paver brick and crusher fine paths over a base of weed cloth.
b. The azea paths will be dug to a four (4") inch depth, lined with paver
bricks and filled with path gravel.
c. Maintenance will consist of tamping and sweeping the crusher fine until
the material is stabilized, maintaining any wash damage from minor creek
overflow or other such water damage, checking for paver gaps and filling
any sunken pavers from settling soils, weeding the beds on a monthly
schedule, weekly checks up to the wintering of the beds for moisture and
plug health, repairing any visitor damage to the beds and screening off
areas of wear and damage, as necessary. The use of pesticides is not
allowed in the azea.
d. Licensee agrees that it is responsible for protecting, and shall protect, all
existing Library support columns, trees and vegetation.
e. Construction access routes and activities shall be approved, in advance, by
the City with orange protective fencing and/or traffic cones placed along
any proposed access routes and said routes shall be minimized to a single-
travel corridor.
f. Construction equipment operators shall be instructed to take any and all
necessary precautions to avoid damage to the outside overhead ceilings at
the Library.
9. Notification. The City's representative shall be notified by phone and in writing
no later than forty-eight (48) hours before any construction is commenced in the
License Area. Construction notification shall also be provided by phone to
Michael Mundy (303/441-3451) or Lisa Green (303/441-3858), with the Boulder
City Parks and Recreation Department.
10. Repairin¢ Damage. If Licensee damages any existing site or public amenities,
including but not limited to, the pavement, sod, trees, outside or within the
License Area, Licensee shall be required to immediately report any such damage
to the City representative and to repair such amenities to the same or better
condition which meets the original design specifications or the City of Boulder
Design and Construction Standards, whichever may be applicable. Pavement
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D R A F T ATTACHMENT B
shall be replaced at a thickness of six (6) inches, regazdless of the original design
specification.
11. Parkinng Area• Before commencing construction, Licensee shall submit a
proposal, for City approval, regarding the boundaries of any parking and staging
area for material stockpiling as well as pazking for the public and construction
workers. The City's representative shall have at least fifteen (15) days to review
said proposal for approval, rejection or, require changes as may be necessary.
12. Construction Debris. Licensee agrees that any construction debris or mud
tracking onto the public rights-of-way, resulting from construction in the License
Area, shall be removed by the Licensee. Licensee further agrees to properly
barricade the construction site until all construction is complete. Licensee shall
comply with all City, State and Federal requirements to prevent the movement of
debris and materials or liquid of any kind into Boulder Creek.
13. Construction Schedule. Licensee agrees to provide the City's representative with
a construction schedule associated with this project incorporating, but not limited
to, time of commencement, time of completion daily clean up, hours of operation,
and weather delay information, one (1) week prior to commencing construction.
14. S~u ervision. The Parties agree that neither assumes any responsibility hereunder
for providing supervision for the public's use of the License Area.
15. Structures. Excepting the labyrinth path as shown on the attached Exhibit "A",
the Parties agree that no permanent structures or improvements shall be placed on
the License Area by either Party and that said public use of the License Area will
not be interfered with or otherwise obstructed except as authorized by Pazagraph 8
of this Agreement.
16. Notice of Defects. Each Party agrees to notify the other of any defects or
potential defects, dangerous conditions or potentially dangerous conditions,
claims or potential claims from damage or injury that come to its attention in
connection with usage of the License Area. Licensee is responsible for
compensating the City for any damage caused by Licensee or its contractors or
agents. The value of such damage will be assessed by the City's representative or
Facility Asset Manager and paid to the City within fifteen (15) days of the City's
demand for said payxnent.
17. Indemnification. The Licensee covenants that it will indemnify, defend and hold
the City harmless during the construction period, from all claims, demands,
judgments, costs, and expenses, including attorney's fees, arising out of any
accident or occurrence causing injury to any person or property whomsoever or
whatsoever due directly or indirectly to Licensee's use of the License Area during
the term of this Agreement, unless such accident or occurrence results from any
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ATTACHMENT B D R A F T
tortious misconduct or negligent act or omission on the part of the City, its agents
or employees.
18. Exemntion. It is the intention of the Parties to make the License Area available to
the public for recreational purposes and to limit the Parties' liability toward
persons entering thereon to the extent permitted by Colorado Revised Statutes
Section 33-41-101 et seq, in the event that either or both of the Parties would
otherwise be liable.
19. Ixnmunitv. Nothing contained in this Agreement shall constitute any waiver by
the City of the provision of the Colorado Governmental Immunity Act or any
other immunity or defense provided by statute or common law.
20. Joint and Several Liabilitv. If this Agreement is signed on behalf of the Licensee
by more than one entity, then the liability of the entities so signing shall be joint
and several. The language "joint and several" means that if more than one entity
has signed this Agreement, then each of these entities individually and all of these
entities collectively, are fully responsible for all of the obligations of this
Agreement, except where expressly othenvise agreed between the City and the
Licensee.
21. Insurance. Licensee agrees to be liable for and agrees, at Licensee's sole expense,
to maintain, or cause to be maintained with insurers approved by Licensor, a
comprehensive general liability insurance during the construction phase only,
with minimum limits of $150,000.00 per person, $600,000.00 per accident and
property damage limits of $600,000.00 per accident, naming the City of Boulder
as Certificate Holder and Additional Insured, and including the limits of each
policy, the policy number, the name of the insured, the effective date and
expiration date of each policy, and a copy of an endorsement on each policy
requiring ten (10) days notice, by mail, to the City of Boulder before the insurer
may cancel the policy for any reason. The above stated policy limits shall be
raised by Licensor to meet any additional coverage required by amendments to
the Colorado Governmental Ixnmunity Act. Licensor shall be named insured on
each policy. Licensee shall provide Licensor with a Certificate of Insurance as
evidence of compliance with the provisions of this paragraph. Licensee further
shall provide Licensor with a Certificate of Insurance if the policy is renewed or
changed during the term of the Revocable License.
This policy shall stand as the primary liability policy with respect to any interest
the Licensor may have in this Property. This policy shall remain in effect for the
duration of the Revocable License. Licensee shall notify the Licensor thirty (30)
days prior to the cancellation of insurance coverage.
All insurance policies and certificates shall be submitted prior to the execution of
the Revocable License and shali be subject to approval by the Licensor.
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e.y n J~ C~ ATTACHMENT B
"~~~:Hr-
22. Notices. All notices, termination, demands, acceptances and approvals required
hereunder will be in writing and served either by first class mail, postage prepaid,
or by ~ersonal delivery, to the addresses shown below, until notification of any
change of address:
LICENSOR: CITY OF BOULDER
Attn: City Manager
P.O. Box 791
Boulder, CO 80306
cc: PARKS AND RECREATION DEPT.
Arin: Mike Gurrola
3198 Broadway
Boulder, CO 80304
LICENSEE: GRILLO HEALTHCARE INFORMATION CENTER
Atm: Susan Wadel
1765 Hawthome Place
Boulder, CO 80304
cc: AIRWORKS STUDIO INC.
Attn: George Peters and Melanie Walker
815 Spruce Street
Boulder, CO 80302
Notices, termination, demands, acceptances and approvals properly addressed and
mailed will be deemed delivered on the earlier of actual receipt or the third (3'~)
business day following such mailing.
23. Amendments. No changes, alterations or modifications to any of the provisions
hereunder will be effective unless contained in a written agreement signed by the
Parties.
24. Entire Aereement. This Revocable License embodies the entire agreement and
understanding between the City and the Licensee, and supersedes any prior oral or
written agreements relating to this transaction. This Revocable License will be
construed under and governed by the laws of the State of Colorado. If any term
of this Revocable License or any application thereof will be invalid or
unenforceable, the remainder of this Revocable License and any other application
of such terms will not be affected thereby.
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ATTACHMENT B D R A F T
25. No Assi ntg nent. Licensee shall not assign this Agreement to any other person or
enrity without the express written consent of the City, which may be withheld for
any reason.
26. No Third Partv Beneficiaries. The covenants and agreements contained in this
Agreement are for the benefit of the Licensee and the City only, and do not create
any obligations or duties to persons not parties hereto.
27. Termination and Non-Renewal. Notwithstanding the time periods contained
herein, the City may terminate this Agreement at any time, without cause, by
providing written notice of terminarion to the Licensee. Such notice shall be
delivered at least thirty (30) days prior to the termination date contained in the
norice unless otherwise agreed to, in writing, by the Parties. Licensee may be
required, at its sole expense, to remove any improvements and restore the License
Area to its original condition upon such termination. Licensee may terminate this
Agreement upon thirty (30) days written notice of termination. If Licensee
terminates or fails to renew this Agreement, the City may require licensee, at its
sole expense, to remove any improvements and restore the License Area to its
original condition upon such termination.
28. BindinQ Effect. This Agreement shall be binding upon the Parties and their
successors in interest.
29. Authoritv. The Parties represent that the individuals signing this Agreement on
their behalf possess full power and authority from their respective governing
boards in compliance with Colorado law.
30. Waiver. No waiver of any right under this Agreement shall operate as, or be
construed to be, a waiver of any subsequent breach of the same or any other
provision of this Agreement.
31. Cooperation. Each Party agrees to perform all other acts and execute and deliver
all other documents as may be necessary or appropriate to carry out the intent and
purposes of this Agreement. Each Party agrees to comply with all applicable
laws, ordinances, and regulations during the performance of this Agreement.
32. Severabilitv. Each provision of this Agreement shall be severable. If any
provision is held invalid, contrary to, or in conflict with any law or regulation by a
tribunal with competent jurisdiction, the remainder of this Agreement shall
remain in effect.
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~ RAFT
ATTACHMENT B
THIS AGREEMENT shall be effective as of the day of , 2007,
upon the execution by both Parties.
CITY OF BOULDER,
a Colorado home rule municipality
By:
Frank W. Bruno
City Manager
ATTEST:
Director of Finance and Record
Ex-Officio City Clerk
Approved As To Form:
City Attorney's Office
LICENSEE:
Grillo Healthcare Information Center
By:
Susan Wadle
STATE OF COLORADO )
)ss.
COUNTY OF BOULDER )
The foregoing instnunent was acknowledged before me, a notary public, this day of
, 2007, by Susan Wadle, as
Healthcaze Information Center.
Witness my hand and official seal.
My Commission expires:
on behalf of Grillo
Notary Public
(SEAL)
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ATTACHMENT B F ~
4 ~
ry A~
STATE OF COLORADO)
) ss.
COUNTY OF BOULDER)
Airworks Studio Incorporated,
a Colorado corporation
George Peters
By:
The foregoing instrument was acknowledged before me, a notary public, this
day of , 2007, by George Peters, as
of Airworks Studio, Inc., a Colorado corporation.
Witness my hand and official seal.
My Commission expires:
(SEAL)
STATE OF COLORADO )
) ss.
COUNTY OF BOULDER }
on behalf
Melanie Walker
B y:
The foregoing instrument was acknowledged before me, a notary public, this
day of , 2007, by Melanie Walker, as , on
behalf of Airworks Studio, Inc., a Colorado corporation.
Witness my hand and official seal.
My Commission expires:
Notary Public
(SEAL)
Notary Public
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ATTACHMF,NT B
~~
~~
p
EXHIBIT A
Drawing of the License Area
LOCATI4N MAP
t incn equais 49 teet CITy OF BOULDER ~~~L PNOTO DATE : 2003
Frrt PLOT DATE: 01-19-07
o,o ~o do eo eo PARKS & RECREATION ^~
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