IGA; Denver Board of Water Commissioners; bridge across the South Boulder Diversion Canal; no end date
.r
AGREEMENT DATE: .tu C ~
(To be completed by Denver Water -Property Managemettf)
LICENSE AGREEMENT
THIS LICENSE AGREEMENT is made between the CITY AND COUNTY OF DENVER,
acting by and through its BOARD OF WATER COMMISSIONERS, a Municipal Corporation of the State
of Colorado, herein referred to as "Boazd," and the City of Boulder, herein refereed to as "Licensee"
(whether grammatically singulaz or plural).
WITNESSETH:
The term "Licensee" shall include employees, agents, and contractors of the Licensee.
The term "property" as used herein refers to real property and includes easements, rights of way and
other Board interests inland and may sometimes be referred to herein as "Boazd property."
The Boazd, by these presents, without warranting title or interest, and subject to the covenants
hereinafter set forth does hereby authorize the Licensee, its successors and assigns, to construct, utilize,
maintain, repair, and replace a bridge and appurtenances within and across the Boazd's South Boulder
Diversion Canal property at the location described attached and incorporated map (Exhibit "A") and
further described in the associated Intergovernmental Agreement ("IGA") and Operating Plan, attached
hereto as and made a part hereof.
1. All equipment, installations, and other activities aze subject to the approval of the Board.
2. Issuance of this License Agreement indicates that the Boazd has reviewed and approved plans for
the Licensee's proposed installation. THE LICENSEE SHALL MAINTAIN, FOR BOARD
INSPECTION, A COPY OF TffiS LICENSE AGREEMENT ON THE JOB SITE DURING ANY
INSTALLATION OR ACTIVITY AUTHORIZED HEREIN.
3. Any construction or activity initiated under this License Agreement shall comply with and conform
to standazds formulated by the Boazd, and such construction or activity shall be performed and wmpleted
according to the Operating Plant ("OP") and attached map (Exhibit "A") and Intergovernmental Agreement
("IGA") attached hereto as (Exhibit "B") and made a part hereof.
4. In granting this License, the Boazd reserves the right to make full use of the property involved as
may be necessary or convenient in the operation of the water plant and system under the control of the
Boazd, and the Boazd retains all right to operate, maintain, repair, remove, relocate, or install any of its
facilities within the Board's property at any time and in such a manner as it deems necessary or convenient.
The Boazd will make reasonable attempts to locate the Licensee's facilities; however, should damage occur
to the Licensee's facilities, the Boazd will not be held liable for any such damage. In the event the
Licensee's installations should interfere with the Boazd's use, maintenance or operafion of its property, at
any time hereafter, the Licensee shall, upon request by the Boazd and at the Licensee's sole expense,
immediately relocate, rearrange, or remove its installation so as not to interfere with any such Boazd use.
exec 1 °F a OFFICIAL CENTRAL RECORDS COPY
9f1fl4A 9f1A AA~14
5. All work authorized by this License Agreement shall be performed by the Licensee at no expense to
the Board. Except as otherwise set forth herein, the Licensee shall own and maintain its installation
thereafter. This Agreement shall, in no way, imply that ownership of the land underlying or surrounding
the licensed installation or activity is being conveyed.
6. The Licensee shall notify the Board's District Foreman Rusty Christensen at 303-278-9605 at
least forty-eight (48) hours prior to commencing work. In the event of an emergency, the Licensee
shall notify the Board at 303-628-6801 (Dispatch).
7. The Licensee shall complete its installation or activity, cleaz the azea of all construction debris and
restore the azea to its pre-existing condition as neazly as may be possible within seven (7) days from the
date of finalization of the initial construction or authorized activity. In the event clearing and restoration of
the azea is not completed within the seven (7) days, the Boazd may complete that work at the sole expense
of the Licensee.
8. At no time shall Licensee interfere with the flow of water in Boazd facilities, and Licensee shall
assume all risks incident to the presence of water in Boazd facilities.
9. The Licensee will use all reasonable means to prevent any loss or damage to the Boazd or to others
resulting from the construction, operation, maintenance, repair, modification, replacement, or removal of
the Licensee's installation. Any repair or replacement of any of the Boazd's installations on its property
made necessary, in the opinion of the Board's representative, because of the construction, operation,
maintenance, repair, modification, replacement, or removal of the Licensee's installation, shall be made
only by the Boazd and at the sole expense of the Licensee.
10. The Licensee hereby expressly agrees to defend, indemnify, and hold hamiless, insofaz as it legally
may, the Board, its officers, agents, and employees, against any liability, loss, damage, demand, action,
cause of action, or expense of whatever nature (including court costs and attorneys' fees) which may result
from any loss, injury, death, or damage incurred by the Licensee, caused by the Licensee's negligence or
wrongful act, or which arises out of or is caused by any act or omission of the Licensee, its officers, agents,
or employees in connection with or by reason of any work done or omission made by the Licensee, its
agents, or employees, in the construction, operation, maintenance, repair, modification, replacement, or
removal of the Licensee's installations.
11. The Licensee understands and agrees that it is fully responsible for compliance with all rules and
regulations relating in any way to the use, storage, treatment, or disposal of hazazdous materials, including,
but not limited to, chemicals and petroleum products. The Licensee agrees to strictly comply with all
federal, state, and local regulations that in any way relate to hazardous materials. If, as a result of the
Licensee's occupancy of the premises and its operation hereunder, any such law, ordinance, rule, or
regulation is violated, the Licensee shall protect, save harmless, defend, and indemnify, insofaz as it legally
may, the Boazd from and against any penalties, fines, costs, and expenses including legal fees and court
costs incurred by the Boazd, caused by, resulting from, or connected with such violation or violations.
12. Certain Board properties may contain habitat for listed "threatened" or "endangered" species
under the Endangered Species Act (ESA). Licensee shall be responsible for determining the presence of
such habitat and taking measures to comply with the ESA.
PAGE 2 oe fi
13. The rights granted to the Licensee hereunder may not be assigned without the written consent of the
Board.
14. The rights and privileges granted in this License Agreement aze subject to prior agreements,
licenses, and conveyances, recorded or unrecorded, and it shall be the Licensee's sole responsibility to
determine the existence of any rights, uses, or installations conflicting with the Licensee's use of the
Boazd's property hereunder and to resolve any conflict.
15. If the Licensee does not use the right herein granted or its installation for a period of one (1) year, or
if the Licensee shall at any time fail to or refuse to comply with or cazry out any of the conditions of this
License, the Boazd may, at its election, revoke this License Agreement forthwith by written notice to the
Licensee in person or by mail at the Licensee's last known address. Upon termination of this License, the
Licensee shall have ten (10) days to remove its installation from the Boazd's property. In the event the
Licensee does not remove its installation within the time allowed, the Boazd, without incurring liability,
may remove the installation at the Licensee's expense.
16. Upon abandonment of any right or privilege herein granted, the right of the Licensee to that extent
shall terminate, but its obligation to indemnify and save hazmless the Boazd, its officers, employees, and
agents, shall not temunate in any event.
17. The Boazd may, at any time, by giving the Licensee thirty (30) days written notice, temunate this
License Agreement.
18. Licensee shall pay for all materials joined or affixed to the Board property and shall pay in full all
persons who perform labor upon the Boazd property and obtain lien releases for all such materials and
labor, which shall be provided to the Boazd, and shall not pemut any mechanic's or material man's lien of
any kind or nature to be enforced against that Boazd property for any work done and materials fiunished
thereon at the instance, request, or on behalf of Licensee.
19. The base license fee includes eight (8) hours of inspection by the Boazd, and if the Boazd requires
further inspection, the Licensee shall pay therefore at the prevailing rate.
20. All Boazd roads and fencing that aze disturbed by the construction of the Licensee's installation
shall be restored to a condition satisfactory to the Board's representative within seven ('n days from the
date of finalization of the initial construction or authorized activity. Board roads and fencing that aze
disturbed by the reconstruction, operation, maintenance, repair, modification, replacement, or removal of
the Licensee's facilities shall immediately be restored by the Licensee to a condition satisfactory to the
Boazd's representative. The Licensee shall at no time obstruct Board roadways or ingress to or egress
from such roadways. Restoration of roads shall include, but is not limited to, resurfacing when deemed
necessary by the Boazd's representative. If restoration is not accomplished by the Licensee within the seven
('n days, the Board at its election may perform such restoration at the Licensee's expense. The Licensee
shall conduct all construction, operation, maintenance, repair, modification, replacement, or removal of its
installations in such a manner that the Boazd at all times shall have full and complete access to its property.
Page 3 of 6
,ry
21. If the Licensee's activity requires the clearance, trimming, or complete removal of trees located
within the Boazd's property, the Licensee must obtain pemussion from the Board's Locate Center @ 303-
628-6666. The Licensee will be responsible for all clean up of any trimmings and the removal of logs,
branches, limbs, and other debris resulting from the Licensee's activity. Repairs of any damage to Boazd
property will be made by the Licensee at the sole expense of the Licensee and to the satisfaction of the
Boazd's representative. Licensee shall replace any trees removed or damaged in accordance with the
current Boazd's policy, as described in Exhibit "C," attached hereto and made a part hereof.
22. All trenches and excavations, backfill and tamping shall be in accordance with the Board's
Engineering Standazds and subject to approval by the Boazd's representative, asdescribed in Exhibit "B,"
attached hereto and made a pazt hereof. ~1
within the i~o~~'~.o~ii ~o~lwdl~n}r c~hcr8te'Chement
24. The Licensee shall~~jjpl~~ace~~p~pand maintain permanent, visible mazkers of a type and at locations
designated b~~d rna11~.(s~~w~?rk~ ~e~ ti If the
placing of th e o o ation of
construction, the Boazd may complete the wo~~rkQQat the expense of
t~he3Licensee.
manner sat~~tt~ddr~ii~l~t4~~ v ~~~~~alled in a
26. The Licensee shall maintain a minimum overhead clearance of twenty-five (25) feet over the
Boazd's property.
27. No~~#6~t1~~
s~l~&~ sx~l~iv~e s'rof~y~?i~t~hich it is
attached.
28. The Licensee shall construct access road approaches and curb cuts, when necessazy, from its
installation'~T ~ 1~~~~~~~}~~o~~th~~~entative.
Said approach s n {b~ u sh 1 e less than
fourteen (14) feet in width, but maybe wider, as detemuned by the Board's representative.
29. The Licensee shall place reinforced concrete cut-off walls, as shown on the attached drawing
(Dr. 127, ~ ~tl~ aDe~~~P ~e~sentative.
Each cut-o w excavation, ornung, an stee placemen s emsp ed an approved y e Board's
representative prior to placement of concrete.
30. The Licensee shall not and will not be pemutted to dischazge water into or upon any Board property
or facility, but Licensee shall provide for carriage of any water over or across the Boazd's property or
facility in a manner satisfactory to the Boazd's representative.
31. The High Line Canal between Sand Creek and the most westerly unnamed drainage located in
Section 34 is•~~ ~~~~1~~c~ ~~l>~ Clean
Water Act (3 1 1 ) f 1' a Clean
Water Act and obtaining any necessazy permit(s) from the proper regulatory authority prior to conducting
Page 4 of 6
L•. r•~
its activity. Licensee shall supply the Boazd with documentation proving that such authority has been
obtained or that such pemussion is not required by the regulatory authority.
32. Upon completion of the restoration of the canal property by the Licensee, which may include, but is
not limited to re-seedin as defined in Exhibit "C," attached hereto and made a azt hereof, to the
satisfaction ~~rcl~>~i~~itQ
l~r~n~ ~~r~on is not
completed by a icensee to a satisfaction o the oazd's representative withm a seven ( ays set by
this License Agreement, the Boazd will perform the restoration at the expense of the Licensee. The deposit
amount will be retained by the Boazd for the restoration.
33. The irrigation season is fromgApril~Tl~sB`~until November 1~ each yeaz, andj~divertedywater may be
at other tim~~~~~~b/~~e~~ell~~idEleF~may not
be undertaken during April 1~` through November 1~` unless special authorization is obtained from the
Board's Director of Operations & Maintenance prior to the commencement of said construction.
34. The Licensee shall place two (2) permanent mazker posts, one at each end of the installation and on
with concra~~ll~~~x~~th ofc~ 1?e marker
posts shall extend a minimum of two (2) feet below the surface of the ground and be encased in concrete.
Each mazker post shall have the type, size, and depth of the installation cleazly mazked with 1 '/z-inch
stenciling.
35. The Boazd has authorized certain recreational activities along and within its property. Prior to the
commencement of any construction or activity pursuant to this License Ageement within the property, the
improvemen~~e az s~~oe~e~ ~rle~i~icon toothe
satisfaction of the Board's Recreational Use Entity within seven (7) days from the finalization of the
construction or activity. The Licensee shall comply with all of said Entity's requirements that said Entity
deems necessary to insure the safety of the general public and to minimize interference with recreational
use on the property.
36. For the resolution of any dispute arising from this License Agreement, venue shall be in the courts
of the City and County of Denver, State of Colorado.
37. This License Agreement is also subject to the following special conditions: NONE.
PAGE 5 OF 6
E%ECUTIGN ON PAG£ F)
TffiS LICENSE AGREEMENT shall become effective on the date it is signed by the Director of
Engineering
CITY AND COUNTY OF DENVER,
acting by and through its
ATTESTED AND APPROVED: BOARD OF WATER COMMISSIONERS
By: By:
eri Bazela, obert J. M oney,
Manager of Real Estate Director of Engineering
Date: /2~~~
~~,T
APPROVED AS TO FORM:
s
By:
Leg Division
LICENSEE: the City of Boulder
Jane S. Brautigam
Attest: City Manager
Address: P.O. Box 791
Boulder, CO 80309
~ „
By: l J ~ Phone:720-564-2035
City Clerk on Behalf of the
Director of Finance and Record
Approved as to Form:
By: ~ s' a ~
City Attorney's Office
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AGREEMENT DATE: _
EXN-tP.~1T ~ g ~ (To be completed by Denvr 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 Board"),
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 ("Cit}~')
WITNESSETH:
ARTICLE I
PROPERTY DESCRIPTION AND USES
1.1 Lease Property and Patrol Area. The Board gants 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 Boazd's "Patrol Area," as described in the attachment titled "Exhibit B, Patrol
Area." The City's Open Space and Mouritain Pazks Rangers may enter the Patrol Area for
the purpose of enforcing State and local laws and ordinances as may be necessary and at the
expense of the City.
1.1.1 Water Ri ts. No water or water rights are granted or leased by this
Agreement.
1.1.2 Reservation of Use. The Soard 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
' by the City. In this regard, the parties shall prepare 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 areas 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 bienrrially 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 Board 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. In 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 (ease 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 20]0 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
Agreement.
_ 2.3 Termination for Water System Purooses. 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
2
' Patrol Area. The Board 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 Temvnation. 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 surrender 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 tights-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 1.1 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 temvnated at [he option of the City upon sixty (60) days notice.
2.9 Fiood Damaee. 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 DamaEe to Boazd Proroeriv. Any of the Board's property damaged or destroyed by
the City or its agents, employees, concessionaires, lessees or other representatives may be repaired
3
. ,
or replaced by the Board at the City's expense or by the City as the parties may agee, subject to
City Council appropriation, or, at the option of the Board, and insofar 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 ttse of the Lease Property or Patrol Area by
the Board or any other cause.
2.12 Assi~ment by the City. The City agees 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 [II
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 1~rovements. 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 pemlanent 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 temporazy 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 ke . recreatior users
eut of restricted areas.
4
t
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 a Multi-vurpose 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 Citv's Construction and Installation of Fencing and Signaee: 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 all 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 Gity, 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 Hazazdous Materials. a. The City shall not cause or permit any Hazazdous
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 permiss.. n ~f the B rrd, which shall
not be unreasonably delayed or withheld. Without limiting the foregoing, if the ,resence of any
Hazazdous Material on the premises caused or permitted by the City results in any : ntamination of
the premises, the City shall promptly take all actions, at its sole expen_,e, as are r.~ ~ssary to return
5
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 "Hazardous 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 "Hazazdous Material"
includes, without limitation, any material or substance that is (i) defined as a "hazardous
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 "hazardous substance" pursuant to
Section 101 of the Comprehensive Environmental Response, Compensation and Liability
Act (42 U.S.C. §9601); or (vi) defined as a "regulated 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 pernit 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 Oualitv. 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 guazantee 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 Prope: ~r Patrol ~ea by the City or any of its
agents, contractors or assigns.
6
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/INDENINIFICATION
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 awazds 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 uyon the Boazd: [f a claim is made or a lawsuit served upon the
Board, the Board must notify the City, City Attomey'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 Citv: 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 may be brought against the City or that a lawsuit has been filed against the City regazding
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 s!1 indem fy, save and hold harmless the Board, its
officers, employees and agents, against any and all c rims, damages, liability and court awards
(including costs, expenses and attorney's fees) incum; s as a result of any alleged negligent act or
omission by the third party contractor ~r its offer employees, agents, subcontractors, or
7
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 parry, 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 awazds (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 separate 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 Judgments: 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 Govenunental 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
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 a limit
not less than $1;000,000 per ..rcusence The required commercial general liability and
automobile policies shall provide d'iat for reach of warranty" (failure to comply with policy
provisions) and/or for cross-liability purposes the coverage provided will be primary coverage.
8
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 regazd
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 pemutted
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 Assiens. 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 Parks 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 pazagraph.
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 Thin; r -!v Be fits Intended. It is expressly understood and agreed that
`enforcement of the terms and condit~ ins of this Agreement, and all rights of action relating to such
enforcement, shall be strictly reserve to the City and the Board, and nothing contained in this
9
Ageement 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 Employee. It is understood and agreed that it is not intended, nor shall it
be construed, that the City or its personnel are employees or officers of the Board for any purpose
whatsoever.
6.7 Agreement is an Inteeration. This instrument constitutes the whole Agreement
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 agreed 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 Agreement 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 seq.) shall be in the District Court in and for the County
of Bouldet. 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 apparently conflicting provisions otherwise contained in this Agreement.
6.1 I_ 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 agreement executed by the parties with the same formality as evidenced herein.
6.12 Governmental Immunity Act. The parties hereto aze relying upon, and have not
waived, the monetary limitations of, and all other rights, immunities and protection provided by the
Colorado Governmental Irmmunity Act, C.R.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 Appropriation of Funds. This Agreement is subject to the appropriation of
sufficient funds by the parties for future fiscal yeazs. Neither the Board nor the City irrevocably
pledges -°sent cast- reserves for payment in future fiscal years, nor is this Agreement intended to
create a"Hah~pie year direct or indirect debt or financial obligation.
10
ti
' IN WITNESS WHEREOF, the parties hereto execute this Ageement as of the day and
year above written.
CITY AND COUNTY OF DENVER
Acting by and through its
APPROVED: BOARD OF W~AfTER
COMMISSIONERS
Robert J. one H.J. Bany, Manager k• u•c~
Director of Engine g
By: ~ APPROVED AS TO FORM:
Brian Good
Director of Operations & Maintenance
By: ~'~L1,titi%` ~ ~f.'_@.J'~GZ~7ktwn
Legal Division
CITY OF BOULDER
By:
Frank W. Bruno
City Manager
Date 2 2/ 2~ C~L
ATTEST: ~-i
City Clerk on behalf of the
Director of Finance and Record
approve as to form: a~~' ~v y
~j~.CityAttorney
11
.
~ J` Proposed Trail Alignments
p
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. : 3f ~ # ~ to be no closer than ~ r f
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1
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 refesed 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 permitted 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 Propert}~' as that term is used herein shall refer to the area 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, excepi that no land that is within the canal itself, its cross-section
or its flow tine 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 similar 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 hoots consistent with CITY regulations on
surounding CI'CY properties. Only the Lease Property and any recreational amenities (benches, trash barrels,
adjacent parks, picnic tables, etcJ placed on the Lease Property aze open to the public. All other azeas of the canal
are closed to the public.
PROHIBITED USES
• No motorized vehicles, including motorized bicycles, mimbikes, scooters, e-scooters, e-bikes,
ATV's and go-carts, 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, permitting and/or licensing these excepted vehicles.
• No firearms, air guns, archery, slingshots, paint ball activities or any types of weapons shall be
pernutted, except by law 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 permitted
• No littering, dumping or vandalism shall be pennitted.
• No swimming, tubing, boating, rafting, fishing or other water contact is pemutted by person,
dog or horse.
• Tree houses or swings shall not be pemutted.
• Domesticated animals shall be kept on a leash at all times. Dog owners must pick up dog wastes.
5PECTALEVENTS
Only upon prior written authorization by the BOARD'S designated representative will a permit be
issued for special events to be held 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 desves 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 azea described in the peanit.
(b) Specific dates and times of such usage.
(c) Safety measures that wfll betaken.
(d) A plan addressing adequate sanitation, trash removal, crowd control, and police protection if
large groups of visitors aze anticipated.
(e) A copy of the special events application filed with the CITY.
The BOARD retains the exclusive tight 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 operntion of the canal.
2
FII2E SUPPRESSION/EMERCENCY SERVICES
Fire suppression and emergency services will be rendered by local fire departments to the Lease
Property. The CITY may coordinate the services insofar 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 FACII.ITIES MAINTENANCE
Sanitary facilities may be provided orily on CITY property. No pemranent or temporary sanitary facility
may be constructed on the Lease Property.
HERBICIDES LARVACIDES AND PESTICIDES
The BOARD is responsible for pesticide, larvidices and herbicide policies and maintenance and will
keep the CITY informed as to the policies and schedule. Such policies and schedule shall provide for larvacide
application in identified areas of the canal for mosquito control 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) 27&9605. The BOARD'S
representative must also be informed of the application.
The BOARD will endeavor, whenever reasonably possible, to comply with the CTIl"s ordinances,
rules, and policies concerning the application of pesticides and herbicides.
LEASE PROPERTY MAINTENANCE
The Lease Property will be maintained by the CITY to keep [he 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
minimise puddling.
TRASH MAINTENANCE
If needed, the CITY will pick up trash on the Lease Property on a regular basis. No trash barrels or trash
containers of any type may be 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 directional, 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.
3
Site locations must be approved by the BOARD prior to installation(s). However, the CTI'Y may
temporarily install signs regazding hazard, wildlife and emergency public notifications. Temporary
installation is defined as no longer than 90 days
SAFETY RULES
The following Hiles shall apply to the public within the Lease Property azea:
• Share 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 hghts 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. hi the case of an emergency call 911.
BENCHES -REST AREAS -PICNIC AREAS
Benches, rest azeas, and picnic areas are not allowed on the Lease Property unless approved by the
BOARD.
TIIE CITY'S CONSTRUCTION AND INSTALLATION OF AMULTI-PURPOSE BRIDGE
The CITY may construct 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 determined 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 on 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 azea along with those areas identified in
attachment titled Patrol Area. The Patrol Area is described in Attachment B of the Lease Agreement and is
generally defined as the area owned by the BOARD from the tunnel to the noRh and, the siphon to the south The
CITY and any other jurisdictions 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.
4
DEVELOPMENT AND IMPROVEMENT
All plans for development and improvement of any azeas 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
pem~anent 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 maz~agement 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:
Neil Sperandeo: Recreation Manager 303-623-6189
Rusty Clu-istensen District Foremen 303-338-5921
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
5
r ~ '
REGULATION RULE
Rules Regarding the Operating Plan for Recreational Use and Management of a Potion of
the South Boulder Diversion Canal.
This regulation is established to enact the Rules Rules Regarding the""Operating Plan for _
Rectreational Use and Management of a Portion of the
South Boulder Diversion Canal.
Authority: Section 8-3-3 OSMP , B.R.C. 1981
Rules ap roved as to form and ality,by~~e Cif A orney's office on
3 C (Date> by~~k ~_,~SS1~Ciry Attorney.
Propos/ed rules ap roved prior to blic tion~}~ the City Manager or his/her delegate on
_ - / ~ ~ (Date) by (Managei/Delegate), Director of
De rtment, as the City Manager's delegate.
Three copies of rules filed with the City Clerk (office of Central Records) on
3 -\y, (Date), 2008.
Date of publication of notice of fifteen (15) day comment period in the Daily Camera
~ - , 2008.
Approved by the City Manager/Delegate with/without change after considering public
comment on (Date)> 2008.
_ C~~
City Manager/Delegate
Adopted rules re-filed with the City Clerk and effective on L (Date), 2008.
w w ~ t.
***NOTICE TO THE PUBLIC***
The City Manager of the City of Boulder proposes to adopt a regulation 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 being set
forth aze fur the purposes of providing safe and pleasant recreational experiences for those
engaging in permitt¢d recreational uses, and regulating activities along the portion of the South
Boulder Diversion Canal to prevent dismption and injury to the property and operations'and to
recreation risers of the premises.
Copies are available for public review at Central Records at the
Municipal Building, 1777 Broadway 2nd floor.
Written comment should be directed to John D'Amico ,
Property Agent Oven Space & Mountain Park 720-564-2035 ,
City of Boulder, P.O. Box 791, Boulder, CO 80306
Adoption will be considered after the 15-day comment period.