IGA; Denver City/County Board of Water Commissioners; South Boulder Diversion Canal; Exp 4/14/2018 AGREEMENT DATE:
(To be completed by Denv ater-
Recreation)
LEASE AND INTERGOVERNMENTAL AGREEMENT FOR
RECREATIONAL USE
OF A PORTION OF THE SOUTH BOULDER DIVERSION CANAL
THIS LEASE AGREEMENT (Agreement), made and entered into by and between the City
and County of Denver, Acting by and through its Boazd of Water Commissioners ("the Boazd"),
and the City of Boulder, a Colorado home rule city, a corporation existing under and by virtue of
the laws of the State of Colorado ("City")
WITNESSETH:
ARTICLE I
PROPERTY DESCRIPTION AND USES
1.1 Lease Property and Patrol Area. The Board grants to the City the exclusive
recreational right and privilege to use, at the expense of the City, and for the benefit of the
general public, a portion of the South Boulder Diversion Canal as described in the
attachment titled "Exhibit A, Lease Property." The Board grants to the City the authority to
enter the Board's "Patrol Area," as described in the attachment titled "Exhibit B, Patrol
Area." The City's Open Space and Mountain Pazks Rangers may enter the Patrol Area for
the purpose of enforcing State and local laws and ordinances as maybe necessazy and at the
expense of the City.
1.1.1 Water Rislrts. No water or water rights aze granted or leased by this
Agreement.
t.1.2 Reservation of Use. The Board reserves the right to make full use of the
Lease Property and Patrol Area as may be necessary or convenient in the
operation of the water system under the control of the Board. Further, the
Board retains all right to operate, maintain, install, repair, remove or
relocate any of its facilities located within the Lease Property or Patrol Area
at any time and in such a manner as it deems necessary or convenient. In
any exercise of these rights, however, the Board shall attempt to avoid
interfering with the activities of the City pursuant to this Agreement. The
Board retains the right to allow other uses of the Lease Property and Patrol
Area which will not interfere with any of the rights granted to the City by
this Agreement.
1.2 Permitted Uses. The City agrees to use the Lease Property solely for the benefit of
the general public for recreation purposes and for no other purpose. The City agrees to use the
Patrol Area solely for enforcement purposes and for no other purpose. The Board must approve all
plans for use, development, improvement and management of the Lease Property and Patrol Area
OFFICIAL CENTRAL RECORDS COPY
20080215-3719
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by the City. In this regard, the parties shall prepaze and execute an Operating Plan ("Plan") to
define the type of recreational use and enforcement and shall include such rules governing the use.
The Plan shall identify any azeas that are to be closed to the public for the protection of life, health
and property. The Plan shall specify the maintenance responsibilities of the City. The Plan shall be
reviewed biennially by the City's Director of Open Space and Mountain Parks and the Board's
Recreation Manager and District Foreman, and it may be modified at any time upon written
agreement by both parties. This Agreement shall in no way imply that ownership of the land
underlying the Lease Property or Patrol Area or, any other property owned by the Board is being
conveyed.
1.3 Prohibited Uses. Uses that are prohibited on the Lease Property shall be identified
in the Plan.
1.4 Boazd Access. This Agreement does not affect or limit the right of the Board to
operate, maintain or improve the Lease Property or Patrol Area, including the drainage thereof, or
the maintenance and improvement of any of its facilities and vegetation on the Lease Property or
Patrol Area. The Board and its employees and agents shall at all times have the unqualified right to
enter upon the Lease Property and Patrol Area in the performance of their duties. If work
authorized by the Board on the Lease Property or Patrol Area interferes with the recreational use of
the Lease Property or enforcement of the Patrol Area, the Board will verbally notify the City's
designated representative a minimum of seven days (7) prior to commencement of said work with
follow-up written notice. hi the case of emergency, the Board will verbally notify the City as soon
as possible. The Board reserves the right to close the trail and lease area on a temporary basis
during large scale construction projects.
1.5 Biennial Review. Designated representatives of the City and the Board shall meet
in January every two years beginning in 2010 to review the administration and implementation of
this Agreement.
ARTICLE II
LEASE TERMS
2.1 Term of Lease. This Agreement shall commence on the date of its execution and
shall terminate 10 years thereafter, unless sooner terminated as provided for herein.
2.2 Extension of Lease. The Board and the City may extend this Agreement and will
begin negotiation of an extension at least two years prior to the termination of the existing
Ageement.
2.3 Termination for Water Svstem Purposes. The Board may terminate this
Agreement at any time if the Board determines that the Lease Property and/or the Patrol Area is
necessary or useful in the operation of the Board's water system, or if it sells the Lease Property or
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Patrol Area. The Boazd shall give the City sixty (60) days written notice before terminating this
Agreement. In the event of a sale of the Lease Property or Patrol Area, the Board shall give the
City an opportunity to submit a proposal to purchase for the Board's consideration.
2.4 Termination by the City: The City may terminate this Agreement at any time by
giving the Board sixty (60) days prior written notice. If at the end of the 60 day period a suitable
lessee, approved by the Board, has not resumed the recreational management and enforcement of
the canal, the City will, at their expense, close recreational use and provide public notice of the
closure.
2.5 Other Termination. If the City is in default of any responsibilities under this
Agreement, the Board shall provide written notice of such default. The City shall have sixty (60)
days after receipt of written notice to cure the arreazage or default. If the default is not cured within
that time, the Board may thereafter declare the Agreement terminated. The Board may then enter
into the Lease Property or Patrol Area, or any part thereof, to terminate the interest of the City or
any other person occupying the Lease Property or Patrol Area, and to expel, remove or to put out
any such person, using such legal force as may be necessary. Upon termination, for any reason, the
City agrees to sun•ender to the Board the Lease Property and Patrol Area immediately and
peaceably.
2.6 Partial Termination. Termination hereunder may be applicable to any or all of the
Lease Property or Patrol Area covered by this Agreement.
2.7 Recreation Exclusive to the Citv. Use of the Lease Property and Patrol Area by the
City shall be subject to any and all uses by the Board and to all changes in such uses by the Board
and further is subject to all licenses, leases and rights-of--way previously granted to other parties by
the Board,. Nothing herein contained shall prevent the Board from issuing licenses or rights-of-
way for roads, pipelines, power lines, telephone lines, or other public or private facilities over the
lands covered by this Lease Agreement (excluding that portion of the City Bridge), provided,
however, the Board will not issue licenses, easements, leases or rights-of--way for any recreational
use on any portion of the Lease Property or Patrol Area as described in paragraph l .1 hereof during
the period of this Lease Agreement, it being understood that the Board will make every reasonable
effort to prevent any encroachment upon the uses by the City.
2.8 Casualty to Lease Property. In the event the Lease Property, or any part thereof,
shall be damaged by fire or other unavoidable casualty or disaster without any fault on the part of
the City, so that the same shall thereby be rendered unfit for use or occupancy, this Agreement may
be terminated at the option of the City upon sixty (60) days notice.
2.9 Flood Damage. The Board shall not be liable for damage to the City's
improvements on the Lease Property or Patrol Area from flooding or excess water, even if caused
by, contributed to or as a result of any of the Board's reservoirs or canals.
2.10 Damage to Boazd Property Any of the Board's property damaged or destroyed by
the City or its agents, employees, concessionaires, lessees or other representatives may be repaired
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or replaced by the Board at the City's expense or by the City as the parties may agree, subject to
City Council appropriation, or, at the option of the Board, and insofaz as it legally may, the City
will pay to the Board the reasonable value of such damaged property. The Board shall notify the
City in writing by regulaz mail within thirty (30) days of observing any property damage or
destruction, and such written notification shall include an itemized estimate of the cost of the
repairs necessary.
2.11 Damage to Improvements Owned by the City. In no event shall the Board be liable
for any damage to any property of the City which may be constructed on the Lease Property or
Patrol Area, whether such damage is the result of the use of the Lease Property or Patrol Area by
the Board or any other cause.
2.12 AssiQmnent by the City. The City agrees not to assign its rights hereunder or let any
portion of the Lease Property or Patrol Area without first obtaining the prior written consent of the
Board.
ARTICLE III
IMPROVEMENTS
3.1 Construction. Any construction required for recreational use and development,
including but not limited to earth movement, removal or construction of fences, curb cuts,
pavement and removal of trees, shall be accomplished by and at the expense of the City and
requires the prior approval of the Board which approval shall not be unreasonably delayed or
withheld..
3.2 Alterations. Any alterations or installations requiring major change to the Lease
Property or Patrol Area require the prior approval of the Board which approval shall not be
unreasonably delayed or withheld.
3.3 Improvements. The City, at its own expense, may place physical improvements
upon the Lease Property as may be necessary or desirable for the enhancement of the recreational
purposes contemplated herein and in furtherance of the City's responsibilities. The City shall not
place or build any permanent or temporary improvement other than temporary signs on the Lease
Property without the prior approval of the Board, which approval shall not be unreasonably
delayed or withheld. Temporary installation is defined as no longer than 90 days and can be
completely removed without damage to the Lease Property. The City may temporarily install signs
on the Lease Property regarding hazard, wildlife and emergency public notifications. The City
shall notify the Board prior to the installation of temporary signs and the Board shall have the right
to change the location of any temporary sign if it is determined that the sign interferes with the
Board's ability to operate the canal. No improvements may be placed on the Patrol Area except
those improvements that maybe necessary for enforcement purposes and to keep recreational users
out of restricted azeas.
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3.4 Removal of Improvements. All equipment, property and improvements placed by
the City on or about the Lease Property or Patrol Area shall remain the property of the City. The
City may, at any time during the term hereof, remove any improvements. Any improvements or
personal property placed upon the Lease Property by the City shall be removed by the City upon
expiration of the Agreement or within ninety (90) days after termination provided that such removal
is made without damage to the Lease Property or Patrol Area. In the event that improvements or
personal property are not removed within 90 days, they will become the property of the Board.
3.5 The City's Construction and Installation of aMulti-purpose Bridge (Gifu Bridge):
The City may construct amulti-purpose bridge on the Lease Property for recreational and City
purposes, which may also be used by the Board. The City Bridge shall be constructed, maintained
and owned by the City at the City's expense. The design of the City Bridge shall be mutually
agreed upon by the Board and the City and shall not restrict the Board's use of the Lease Property
as determined by the Board. The specific placement of the City Bridge on the Lease Property
requires prior approval from the Board, which approval shall not be unreasonably delayed or
withheld. The location of the City Bridge shall be no further north than the old and abandoned
concrete culvert structures located on both sides of the canal south of the concrete flume over
Spring Brook (refer to Exhibit A). The City shall obtain a license to cross the canal from the
Board prior to installation of the bridge.
3.6 The City's Construction and Installation of Fencing and Siatag_e: The City and the
Board shall mutually agree upon the type and location of fencing and signage located within the
Lease Property. The City shall be responsible for al] costs associated with any fencing and signage.
The placement of any signage, unless it is temporary signage, and fencing on the Lease Property
requires the prior approval of the Board, which approval shall not be unreasonably delayed or
withheld.
ARTICLE IV
ENVIRONMENTAL AND SAFETY CONSIDERATIONS
4.1 Lease Property and Patrol Area "As Is." The City agrees the Lease Property and
Patrol Area is leased "as is" and that the City, insofar as it legally may and subject to Pazagraph
6.13, is assuming responsibility for any loss, injury, death or damage that may result from any and
all defects, be they obvious or hidden, that the Lease Property and Patrol Area may contain. The
Board makes no warranty, written or implied, that the Lease Property or Patrol Area is fit for any
purpose or that it meets any federal, state, or local law, ordinance or regulation applying to the
Lease Property and Patrol Area.
4.2 Hazardous Materials. a. The City shall not cause or permit any Hazardous
Material to be brought upon, kept or used in or about the premises by the City, its agents,
employees, contractors or invitees without the express written permission of the Board, which shall
not be unreasonably delayed or withheld. Without limiting the foregoing, if the presence of any
Hazardous Material on the premises caused or permitted by the City results in any contamination of
the premises, the City shall promptly take all actions, at its sole expense, as are necessary to return
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the premises to the condition existing prior to the introduction of any such Hazardous Material;
provided that the Board's approval of such action shall first be obtained, which approval shall not
be unreasonably delayed or withheld so long as such actions would not potentially have any
material adverse effect on the premises.
b. As used herein, the term "Hazazdous Material" means any hazazdous or toxic
substance,material or waste which is or becomes regulated by any local governmental
authority, the State of Colorado or the United States. The term "Hazardous Material"
includes, without limitation, any material or substance that is (i) defined as a "hazazdous
substance" under appropriate state law provisions; (ii) petroleum; (iii) asbestos; (iv)
designated as a "hazardous substance" pursuant to Section 311 of the Federal Water
Pollution Control Act (33 U.S.C. §1321; (v) defined as a "hazazdous substance" pursuant to
Section 101 of the Comprehensive Environmental Response, Compensation and Liability
Act (42 U.S.C. §9601); or (vi) defined as a `Yegulated substance" pursuant to Subchapter
IX, Solid Waste Disposal Act (Regulation of Underground Storage Tanks) (42 U.S.C.
§6991).
4.3 Compliance with Laws. The Lease Property and Patrol Area will not be used, nor
will the City permit the Lease Property and Patrol Area to be used, for purposes prohibited by the
laws of the United States, the State of Colorado or any political subdivision thereof. The Lease
Property shall be appropriately posted by the City, including signs that identify areas open for
recreational use and shall be in a style and form satisfactory to the Board.
4.4 Law Enforcement. The City shall propose regulations governing the public
recreational uses of the Lease Property. Recreation regulations shall not be effective until the same
have been approved by the Board and the City, and upon such approval, the City shall enforce
such regulations. The City further agrees that the Lease Property and Patrol Area will be policed
and patrolled so that only those activities and uses allowed within the premises aze being carried on.
The City shall make a good faith effort to obtain the cooperation of local law enforcement agencies
to promote orderly and peaceful use of the Lease Property and prohibit use of the Patrol Area. The
cooperation required shall include the enactment of ordinances or resolutions for enforcement of
law and order on the Lease Property and Patrol Area and for enforcement of prohibited uses. Only
those motorized vehicles needed for operation, maintenance, inspection, and law enforcement by
the City or the Board and its designees shall be allowed on the premises.
4.5 Water Quality. The water within the Lease Property and Patrol Area is untreated
and is not to be used as potable water for domestic purposes. The City understands that the water
transported in the canal is raw water. The Board does not guarantee the potability or supply of
water from the Lease Property and Patrol Area.
4.6 Disposal of Sewage. No raw or treated sewage, animal manures or any other
undesirable products shall be dumped on the Lease Property or Patrol Area by the City or any of its
agents, contractors or assigns.
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4.7 Storm Water: The City will not cause, permit or allow any storm water from
entering the canal beyond that which currently enters the canal.
ARTICLE V
INSURANCE/INDEMNIFICATION
5.1 The Boards Indemnification: To the extent authorized by law, the City shall
indemnify, save and hold harmless the Board and its officers, employees and agents, against any
and all claims, damages, liability and court awards including costs, expenses, and attorney fees
incurred as a result of any alleged negligent act or omission by the City undertaken pursuant to
the terms of this Agreement, subject to the Board's compliance with the following provisions:
5.1.1 Claim upon the Board: If a claim is made or a lawsuit served upon the
Board, the Board must notify the City, City Attorney's office in writing within
twenty (20) days after receipt of notice that a claim may be brought against the
Board or that a lawsuit has been filed against the Board regarding the Premises
during the term of the Agreement. The City shall retain the right to defend any
lawsuit through attorneys chosen by the City. The City shall retain the right to
compromise or settle any claim or lawsuit.
5.2 The City's indemnification: To the extent authorized by law, the Board shall
indemnify, save and hold harmless the City, its elected officials, employees and agents, against
any and all claims, damages, liability and court awards including costs, expenses and attorney
fees incurred as a result of any alleged negligent act or omission by the Board undertaken
pursuant to the terms of this Lease, subject to the City's compliance with the following
provisions:
5.2.1 Claim upon the City: If a claim is made or a lawsuit served upon the City,
the City must notify the Board in writing within twenty (20) days after receipt of notice that a
claim maybe brought against the City or that a lawsuit has been filed against the City regarding
the Premises or the Road. If a claim is made or a lawsuit served upon the City, the City must
notify the Board in writing within ten (10) days after receipt of notice that a claim may be
brought against the City or that a lawsuit has been filed against the City regarding the premises
For activities not relating to the construction or maintenance of City improvements. The City
shall retain the right to defend any lawsuit through attorneys chosen by the City. The City shall
retain the right to compromise or settle any claim or lawsuit.
5.3 Third party Contract: If and when the City contracts with a third party to perform
services on the Lease Property, the City shall include in any such contract with any such third
party, a requirement that the third party shall indemnify, save and hold harmless the Board, its
officers, employees and agents, against any and all claims, damages, liability and court awards
(including costs, expenses and attorney's fees) incurred as a result of any alleged negligent act or
omission by the third party contractor or its officers, employees, agents, subcontractors, or
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assignees undertaken pursuant to such contract. In addition, a separate policy of worker's
compensation and employer's liability insurance shall be carried by the contractor and each
subcontractor.
If and when the Board contracts with a third party to perform services on the Lease
Property, the Board shall include in any such contract with any such third party, a requirement
that the third party shall indemnify, save and hold harmless the City, its officers, employees and
agents, against any and all claims, damages, liability and court awards (including costs, expenses
and attorney's fees) incurred as a result of any alleged negligent act or omission by the third party
contractor or its officers, employees, agents, subcontractors, or assignees undertaken pursuant to
such contract. In addition, a sepazate policy of worker's compensation and employer's liability
insurance shall be carried by the contractor and each subcontractor.
5.4 Additional Provisions:
5.4.1 Judanents: Nothing contained in this Agreement is in any way intended
to waive or modify any of the monetary limitations on judgments or any and all other rights,
immunities and protections provided for by the numerous Statutes of the State of Colorado,
including, but not limited to:
a) Colorado Governmental Immunity Act, C.R.S. §24-10-101 et sec . or any
successor statute; and
b) C.R.S. § 33-41-101 et sec and
c) C.R.S. § 13-21-115, or any successor statute; and
d) C.R.S. § 13-21-120, or any successor statute.
5.4.2 Worker's Compensation: During the life of this Agreement, the City
shall maintain worker's compensation and employer's liability insurance to cover liability under
the laws of the State of Colorado or be a qualified self insured.
5.4.3 Insurance: The City agrees for itself, and any contractor that the City
shall retain to perform work on, or provide services to or for, the Lease Property that each such
entity shall carry commercial general liability insurance with contractual coverage and
automobile liability and property damage insurance to include owned, non-owned and hired
vehicles, which are utilized in any way in the use of the Lease Property, each said policy of
insurance to have limits not less than $1000,000 per occurrence; provided that the City may be
self-insured.
Further, the Board agrees for itself, and contractor that the Board shall retain to
perfonn work on, or provide services to or for, the Lease Property, that each such entity shall
carry commercial general liability insurance with contractual coverage and automobile liability
and property damage insurance to include owned, non-owned and hired vehicles, which aze
utilized in any way in the use of the Lease Property, each said policy of insurance to have a limit
not less than $1,000,000 per occurrence. The required commercial general liability and
automobile policies shall provide that for "breach of warranty" (failure to comply with policy
provisions) and/or for cross-liability purposes, the coverage provided will be primary coverage.
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, , .
Agreement shall give or allow any claim or right of action by any other person. It is the expressed
intention of the City and the Board that any person other than the City and the Board receiving
services and benefits under this Ageement shall be deemed to be an incidental beneficiary only.
6.6 City not an Emplovee. It is understood and ageed that it is not intended, nor shall it
be construed, that the City or its personnel aze employees or officers of the Board for any purpose
whatsoever.
6.7 Agreement is an Inte agz
tion. This instrument constitutes the whole Ageement
between the parties, and no additional or different oral representation, promise or agreement shall
be binding on any of the parties with respect to the subject matter of this instrument unless
referenced herein or ageed upon with the same formality as this instrument.
6.8 Force Maieure Clause. The parties hereto shall not be responsible for any failure or
delay in the performance of any obligations hereunder caused by acts of God, flood, fire, waz or
public enemy.
6.9 Venue. This Ageement shall be deemed performable in Boulder County,
notwithstanding that the parties may find it necessary to take some action in furtherance thereof
outside said County. Venue for any dispute arising hereunder resulting in litigation (other than an
eviction action under C.R.S. § 13-40-101 et sea.) shall be in the District Court in and for the County
of Boulder. This Ageement shall be governed by and construed under the laws of the State of
Colorado.
6.10 Denver Charter. This Ageement is made under and conformable to Article X of
the Charter of the City and County of Denver, which controls the operation of the Denver
Municipal Water System. The Charter provisions are incorporated by this reference and shall
supersede any appazently conflicting provisions otherwise contained in this Agreement.
6.11_ Amendments. This Ageement may not be altered, changed or amended except by
an instrument in writing signed by both parties. No subsequent novation, renewal, addition,
deletion or other amendment shall have any force or effect unless embodied in a written
amendatory or other ageement executed by the pazties with the same formality as evidenced herein.
6.12 Governmental Immunity Act. The parties hereto aze relying upon, and have not
waived, the monetazy limitations of, and all other rights, immunities and protection provided by the
Colorado Govemmental Immunity Act, CR.S § 24-10-101, et seq., as it may be amended from
time to time, or any other limitations, rights, immunities and protection otherwise available to them,
their officers and their employees.
6.13 Annropriation of Funds. This Ageement is subject to the appropriation of
sufficient funds by the parties for future fiscal years. Neither the Board nor the City irrevocably
pledges present cash reserves for payment in future fiscal years, nor is this Ageement intended to
create a multiple fiscal year direct or indirect debt or financial obligation.
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The City shall provide certificates of insurance or evidences ofself-insurance (and
renewals thereof) in a form acceptable to the Board demonstrating that the required coverages
have been obtained.
ARTICLE VI
MISCELLANEOUS PROVISIONS
6.1 Equality of Access. The Lease Property shall be open to all persons without regard
to an individual's race, color, religion, national origin, gender, age, sexual orientation, marital status,
military status or physical or mental disability. hi exercising any right, use or occupancy permitted
under this Agreement, every individual seeking to do so shall be given a full and equal opportunity
to participate in any of the recreational activities offered by the City.
6.2 Successors and Assigns. This Agreement and any executed amendment shall be
binding upon the parties, their successors and assigns. This Agreement shall not be assigned
without the Board's prior written approval, which shall not be unreasonably withheld.
6.3 Notices. The Board's Recreation Manager or designated representative shall be the
representative of the Board, and the Director of Open Space & Mountain Pazks or designated
representative shall be the representative of the City to accept or give any approval, notice or the
like provided for in this Agreement. Any notice required under this Agreement shall be in writing
and mailed by regulaz mail to the following addresses:
Board:
Denver Water
Attention: Recreation Manager
1600 West 12th Avenue
Denver, CO 80204
City:
City of Boulder
Attention: Director, Open Space and Mountain Parks
66 South Cherryvale Road
Boulder, CO 80303
The parties may change their addresses by written notice delivered to the other party as described
in this paragraph.
6.4 Waiver. No waiver of any breach or default of any one or more of the conditions or
covenants of this Agreement by either party shall be deemed to imply or constitute a waiver of any
succeeding or other breach or default hereunder.
6.5 No Third Partv Benefits Intended. It is expressly understood and agreed that
enforcement of the terms and conditions of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserved to the City and the Board, and nothing contained in this
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~ r- , Proposed Trail Alignments
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, ~ :t,, ` EXHIBIT A
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awr
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? ~ a ~~!<•y,~.Y .y, a ~tlv~ ~my qx~q +'~ip '~i. 1 a~~~ / •
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~ r. to be no closer than
~ 't ~ • ; ..,~i ' 75' from DWB J*~
>fe, ~ ~ ~ r~ for; ~ ~ ~ a'• I ro ert bounds ~ ~
' ' ~~j '~„,.i ~ , ; f a ~ ~ ; p p y ry aX ~a~. ~ ts+` 1
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a• ~ 9! `~f ti ~ 1`t~ f~»r~~,; 't•~';~• ~ ~ ~ -'ice ~ ~ 1R~+. e~i? t,
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IN WITNESS WHEREOF, the parties hereto execute this Agreement as of the day and
yeaz above written.
CITY AND COUNTY OF DENVER
Acting by and through its
APPROVED: BOARD OF WATER
COMMISSIONERS
Robert J. one H.J. Barry, Manager k• «•~8
Director of Engine 'ng
By: ~ APPROVED AS TO FORM:
Brian Good
Director of Operations & Maintenance
By: ~~i,1w' ~ L~'~,9~u
Legal Division
CITY OF BOULD//E''R
By: GtJ
Frank W. Bruno
City Manager
Date ~ 2/ ,{~,C~L
ATTEST: l
City Clerk on behalf of the
Director of Finance and Record
Approved as to form: a w ~
'f fi. City Attorney
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• . ^ ~
RULES REGARDING THE OPERATING PLAN
FOR RECREATIONAL USE AND MANAGEMENT
OF
A PORTION OF THE SOUTH BOULDER DIVERSION CANAL
PURPOSE
This Operating Plan for Recreational use and Management of a Portion of the South Boulder Diversion
Canal, herein referred to as the "Operating Plan", is entered into by the City and County of Denver, acting by and
through its Board of Water Commissioners, herein referred to as the "BOARD", and the CITY OF BOULDER,
a Colorado Home Rule City, herein referred to as the "CITY", in order to define an orderly operational and
management procedure for the recreational use and management of a portion of the South Boulder Diversion
Canal. Rules and regulations set forth herein are for the purposes of providing safe and pleasant recreational
experiences for those engaging in pemutted recreational uses, and regulating activities along the portion of the
South Boulder Diversion Canal to prevent disruption and injury to the BOARD'S property and operations and to
recreational users of the premises.
AREA
The property that is the subject of this Operating Plan is described in the Lease Agreement for
Recreational Use of a portion of the South Boulder Diversion Canal dated between the
BOARD and the CITY.
The "Lease Property" as that term is used herein shall refer to the azea existing along a portion of the
South Boulder Diversion Canal as described in Attachment A of the LEASE AND
INTERGOVERNMENTAL AGREEMENT FOR RECREATIONAL USE OF A PORTION OF THE
SOUTH BOULDER DIVERSION CANAL, except that no land that is within the canal itself, its cross-section
or its flow line shall be included in the Lease Property. However, the air space above the canal for the
installation of a bridge to cross the canal is considered within the Lease Property.
USES
Permitted recreational uses of the Lease Property consist of bicycling, picnicking, hiking, horseback
riding and other similaz recreational activities as set forth herein, and other approved uses as may be set forth
from time to time in writing by both the CITY and the BOARD.
HOURS
The Lease Property will be open to the public during hours consistent with CITY regulations on
surrounding CITY properties. Only the Lease Property and any recreational amenities (benches, trash barrels,
adjacent parks, picnic tables, etc.) placed on the Lease Property are open to the public. All other areas of the canal
are closed to the public.
_ s.•... ~
PROHIBITED USES
• No motorized vehicles, including motorized bicycles, minibikes, scooters, e-scooters, e-bikes,
ATV's and gocarts, except for patrol, maintenance, emergency service, or permit holders shall
be allowed, except in accordance with the "Americans with Disabilities Act of 1990". The
CITY is responsible for specifying, pemutting and/or licensing these excepted vehicles.
• No firearms, air guns, archery, slingshots, paint ball activities or any types of weapons shall be
permitted, except bylaw enforcement officers in the pursuit of their enforcement activities.
• No loud gatherings, loitering or conduct contrary to the applicable ordinances of the CITY shall
be pemritted.
• No littering, dumping or vandalism shall be pemutted.
• No swimming, tubing, boating, rafting, fishing or other water contact is permitted by person,
dog or horse.
• Tree houses or swings shall not be pernutted.
• Domesticated animals shall be kept on a leash at all times. Dog owners must pickup dog wastes.
SPECL4I. EVENTS
Only upon prior written authorization by the BOARD'S designated representative will a pemut be
issued for special events to beheld at the Lease Property. However, participants of special events which may take
place on CITY owned property may pass through the Lease property without authorization from the BOARD. If
the CITY desires to hold a special event at the Leased Property, the CITY must provide a written request that
includes:
(a) A precise statement of location as to potions of the Lease Property involved. No event is to
exceed or extend beyond the area described in the permit.
(b) Specific dates and times of such usage.
(c) Safety measures that will betaken.
(d) A plan addressing adequate sanitation, trash removal, crowd control, and police protection if
large groups of visitors are anticipated.
(e) A copy of the special events application filed with [he CITY.
The BOARD retains the exclusive right to refuse any special event, which is either on the Lease
Property or passes through the Lease Property, when such usage would, in the opinion of the BOARD'S
authorized representative, constitute a hindrance to operation of the canal.
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FIItE SUPPRESSION/EMERCENCY SERVICES
Fire suppression and emergency services wIll be rendered by local fire departments to the Lease
Property. The CITY may wordinate the services insofaz as may be necessary and applicable.
MAINTENANCE
Unless noted, the CITY is responsible for maintenance of all the recreational amenities now existing on
the Lease Property and any recreational amenities placed on the Lease Property by the CITY. Designated
representatives of the CITY and the BOARD will inspect the Lease Property once a year and will report any
problems or concerns to the other as soon as possible.
SANITARY FACILITIES MAINTENANCE
Sanitary facilities may be provided only on CITY property. No permanent or temporary sanitary facility
may be constmcted on the Lease Property.
HERBICIDES LARVACIDES AND PESTICIDES
The BOARD is responsible for pesticide, latvidices and herbicide policies and maintenance and will
keep the CITY informed as to the policies and schedule. Such policies and schedule shall provide for larvicide
application in identified areas of the canal for mosquito wntrol purposes on an as needed basis. In regard to the
weed control program, it will be the responsibility of the BOARD to provide advance notice of herbicide
applications and/or a schedule of expected applications. If the CITY has to apply any type of chemicals to control
insect and/or disease on BOARD property, it must be approved by the representative for all applications on the
canal. The representative for all applications is Rusty Christensen (303) 278-9605. The BOARD'S
representative must also be informed of the application.
The BOARD will endeavor, whenever reasonably possible, to comply with the CITY's ordinances,
rules, and policies concerning the application of pesticides and herbicides.
LEASE PROPERTY NIAIN1'ENANCE
The Lease Property will be maintained by the CITY to keep the Lease Property in a suitable condition
for recreational use and the BOARD will maintain the Lease Property to accommodate the BOARD'S
maintenance vehicles. The Lease Property will be maintained with a crown and/or sloped away from the canal to
minimize puddling.
TRASH MAINTENANCE
If needed, the CITY will pickup trash on the Lease Property on a regular basis. No trash banels or trash
wntainers of any type maybe placed within the Lease Property.
SIGNS
The CITY will provide and maintain information and regulatory signs at roadway crossings of
the Lease Property. Other signs may be posted as necessary for drrectional, informational, or regulatory
purposes along the trail on the Lease Property. Signs may be placed in the Patrol Area if they are
necessary for enforcement purposes and to keep recreational users out of restricted areas.
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Site locations must be approved by the BOARD prior to installation(s). However, the CITY may
temporarily install signs regarding hazard, wildlife and emergency public notifications. Temporary
installation is defined as no longer than 90 days
SAFETY RULES
The following rules shall apply to the public within the Lease Property area:
• Shaze the trail and be courteous to others at all times.
• Yield to all maintenance vehicles and slower traffic.
• Stay to the right side of the trail except when passing. Announce approach when passing.
• Use lights and reflectors and wear bright clothing when using the Trail at night.
• Clean up waste after your pet. Pet excrement shall be disposed of in appropriate trash receptacles.
• Keep the trail clean and free of litter so others may enjoy the trail. Littering or dumping is prohibited.
• Help keep the trail safe for all users. Please report any non-emergency incident to CITY dispatch at
(303)441-3333. In the case of an emergency ca11911.
BENCHES REST AREA5 -PICNIC AREAS
Benches, rest aeeas, and picnic aeeas aze not allowed on the Lease Property unless approved by the
BOARD.
THE CITY'S CONSTRUCTION AND INSTALLATION OF AMULTI-PURPOSE BRIDGE
The CITY may constmct amulti-purpose bridge for use by the BOARD, the CITY and the public.
The CITY Bridge shall be constructed, maintained and owned by the CITY at the CITY'S expense. The
design of the CITY'S Bridge shall be mutually agreed upon by the BOARD and the CITY and shall not
restrict the BOARD'S use of the Lease Property as detemuned by the BOARD. The specific placement of
the CITY Bridge requires the prior approval of the BOARD, which approval shall not be unreasonably
delayed or withheld. The CITY'S Bridge shall be no further north then the old and abandoned concrete
culvert structures located ou both sides of the canal just south of the concrete flume over Sprins Brook.
LAW AND ORDER
The CITY wIll take all reasonable and necessary steps to establish rules, regulations, and laws necessary
to maintain and preserve law and order within the Lease Property area along with those areas identified in
attachment titled Patrol Area. The Patrol Area is described in Attachment B of the Lease Ageement and is
generally defined as the area owned by the BOARD from the tunnel to the north and, the siphon to the south. The
CITY and any otherjurisdictions with enforcement authority will enforce all applicable local ordinances and/or
laws for the municipality and various counties as applicable to the said described areas. The CITY may provide
for patrol personnel to patrol the Patrol Area on a periodic basis to ensure the enforcement of this Operating Plan.
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DEVELOPMENT AND IMPROVEMENT
All plans for development and improvement of any areas within the Lease Property and Patrol
Area shall be submitted to the BOARD and approved in writing by the BOARD prior to implementation.
Approval for most permanent installations will be granted in the form of a license agreement or lease
agreement. The CITY will be notified of any license agreements for construction and/or any other
permanent installations, within or over the Lease Property that is governed by this Operating Plan, other
than those requested by the CITY.
GENERAL
The CITY will keep the BOARD fully informed, at all times, as to the use and management of the
Lease Property and will submit all plans to the BOARD'S Recreation Manager prior to the implementation or
construction of any facility or program.
The BOARD will keep the CITY fully informed at all times as to any improvements, maintenance, and
utility work on the canal that may interfere with the recreational uses described herein.
The CITY will provide the BOARD with key contact persons for all communication regarding daily
operations of this Operating Plan. Both parties agree that the Operating Plan may be renegotiated upon written
request by either party. Further, any amendment so negotiated shall require written approval of the BOARD'S
Recreation Manager and the issuance of a new Wile by the CITY.
OPERATIONAL CONTACTS
BOARD:
N~1 Sperandeo: Recreation Manager 303-628-6189
Rusty Christensen District Foremen 303-838-5921
Tony Stengel Assistant District Foremen 303-278-9605
OSMP:
Michael D. Patton: Director 720-564-2000
Jim Reeder: Land and Facilities Division Manager 720-564-2080
Adopted day o ~ 2008, pursuant to the Lease A ent between the parties
dated day of ' 8.
By:
BO Superintend f SOS
By:
R er
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