IGA Amendment; Boulder County; Four Mile Creek; no end date 3121/2016 Contract Tracking IGA>Thank You
OFFICE OF THE
CITY A'_'riCITY ATTORNEY
Arc 26oPR , GNAL MAR 2 / 70!g
20!� I� ITI � .
Document Routing Cover Sheet T0:
Please print and attach to your document.
You can view the status of your contract using the Contract Tracking Status Pace.
Routing Number 20160321-1604
Originating Dept Open Space/Mtn Parks
Routing Contact Person Luke McKay Phone Number 303-413-7626
Project Manager/ Contract Luke McKay Email mckayl@bouldercolorado.gov
Administrator -
Counter Parties Boulder County
Contract Title/ Type Amendment to IGA/Construction Easement
Number
Description Amendment to an IGA with Boulder County dated 9/8/09 to extend the term of a Construction
Easement for purposes of constructing a bikeway connection, pipeline, and underpass lighting
fSr'MSe C-buri 4-Mile Creek Bi ek way Connection project. For terms and termination date,
please see SecMn T.2- - -"�'--
Action Items
Date Note
(1)
(2)
(3)
Expiration Date aa/al ers R pi Sop Qkoue " r
Amount Expense Type
• Dept, Head Signature '✓ Lt`'
NOTE; Originating Department: Identify with a check mark all areas document needs to be routed.
• Purchasing pl,rk-'eL.
• Budget �+;}�..QLQ;r� C, 'f6
• Sales Tax /''� - 4�--
• CAO / l�'1'Vl 3-�$-ILA C
• City Manager
• Central Records 7t
A link to the electronic copy of the document(s) will arrive via e-mail to the e-mail addresses on the routing
form once document has been scanned into LaserFiche.
CEI a'a,'I'r6tk1'a4 Henle 1 SirIi,4k.n u -',vjtlna Po"Tt I i r i'.;r',at S Ia l23 tlridat.. Cbnt.r;'Ct S4:3f LS
mP:tNntraweh.cLboulder.co.ualContractTrackfrryrservfeflCoMrdler V1
DowSign Envelope ID:F18B2E10-71F8.4EF9-9293-9832FF4AFD23
AMENDMENT TO INTERGOVERNMENTAL AGREEMENT AND GRANT OF
CONSTRUCTION EASEMENT BETWEEN BOULDER COUNTY AND THE CITY OF
BOULDER FOR THE CONSTRUCTION AND MAINTENANCE OF THE FOUR MILE
CREEK BIKEWAY CONNECTION
DATED: SEPTEMBER 8,2009
This Amendment is made as of the 2,'�n' day of 2016,by and
between the City of Boulder, Colorado, a Colorado home rule city ("City"), and the county of
Boulder, a body corporate and politic (the"County") (collectively"the Parties").
A. The City entered into a Intergovernmental Agreement and Grant of Construction
Easement(the "Agreement")with the County dated September 8, 2009, to grant to the County a
temporary nonexclusive easement in the Easement Area and in certain portions of the City Land
as depicted in Exhibit A of the Agreement as Temporary Access Easement and Temporary
Construction Easement(the"Temporary Easement")for its use during the construction of the
Bikeway Connection and the Pipeline and the installation of underpass lighting, as described in
the contract documents for the 4-Mile Creek Bikeway Connection, Federal Aid Project No. STE
C070-030, Project Code No. 16164, Colorado Department of Transportation, Final Review, May
2009 (the "Contract Documents"); and
B. The Parties wish to amend the terms of the Agreement and to clarify the promises
and obligations of the Parties.
NOW THEREFORE, in consideration of the promises and obligations set forth below,
the Parties agree to amend the Agreement as follows:
1. Section 2.2 of the Agreement is replaced by the following section, to read:
The City does hereby grant to the County a temporary nonexclusive easement in
the Easement Area and in certain portions of the City Land as depicted in Exhibit
A as Temporary Access Easement and Temporary Construction Easement(the
"Temporary Easement") for its use during the construction of the Bikeway
Connection and the Pipeline and the installation of underpass lighting, as
described in the Contract Documents. The Temporary Easement shall commence
no sooner than ten days after the City receives a Notice of the County's intention
to occupy the Temporary Easement and shall expire three years from the date of
the aforementioned Notice or once the construction of the Bikeway Connection,
Pipeline and the installation of underpass lighting, is completed, whichever occurs
earlier. The Temporary Easement will be rehabilitated to the condition prior to the
County's occupancy. The County covenants and agrees to restore said property,
landscaping, fences, or other improvements to a level comparable to their original
condition.Nothing herein shall permit the County to use any lands owned by the
City outside the Temporary Easement for ingress to and egress from the
1
DocuSlgn Envelope ID: F18B2E10.71 F8.4EF9.9293.9832FF4AFD23
Temporary Easement or for any other purpose.
2. Section 7.9 of the Agreement is replaced by the following section, to read:
Governmental Immunity. The City and the County certify that they are self-
insured for property and general liability coverage including errors and omissions
to the limits set forth in the Colorado Governmental Immunity Act. The City and
the County, their officers, and their employees, are relying on, and do not waive
or intend to waive by any provision of this Agreement, the monetary limitations
or any other rights, immunities and protections provided by the Colorado
Governmental Immunity Act, C.R.S. § 24-10-101, et seq., as amended(the
"CGIA"), or otherwise available to the City, the County and their respective
officers or employees.
3. Except as amended herein, the Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the Parties have set their hands to this Amendment to the
Intergovernmental Agreement and Grant of Construction Easement on the day and year above
first written.
CITY OF BOULDERbCOUNTY
C, jma
`J'-C—s Qli�- 2:nn�' T193S5'11B05E6A47^... Elise
City Manager y4air..sip.d by:
Cindy Domenico
Deb Gardner
PEId^1AfiDfi CA495
Commissioner
03/1712016
(ATTEST:
Clerk
APPROVED AS TO FORM:
City tt�ffice 3-eL`-ILo
2