IGA; Urban Drainage and Flood Control District; South Boulder Creek flood improvements Contract Tracking> Thank You '�V if Page 1 of 1
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Contract Routing Cover Sheet
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Routing Number 20180806-4474
Originating Dept Public Works
Contact Person Christin Shepherd Phone Number 303-441-1889
Project Manager/ Contract Christin Shepherd E-mail shepherdc2@bouldermloredo.gov
Administrator
Counter Parties Urban Drainage&Flood Control District
Contract Title / Type Agreement Regarding Flood Control Improvements for*outh Boulder Creek
Number
Description Agreement for UDFCD funding ctint buiian towards final design,right-of-way acquisition and
construction of Improvements -- --
Special Instructions Originating party of agreement is UDFCD.Two copies are included for signatureWhen final
signatures are returned from UDFCD,a copy will be routed to Central Records.
Amount $120,000 Expense Type INCOMING II
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NOTE; Originating D art nt: Identify with ck mark all areas document needs to be routed. C9uv4 (t,"I ZnA Pluor
-•-'Purchasing
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✓• City Manager -- - -
.�• Central Records
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Contract Trackinq Home I Signature Routinq Form I Track Contract Status I Update Contract Status N
httpsJ/work.bouldercolorado.gov/ContractTracking/serviet/Controller 8/6/2018
AGREEMENT REGARDING
FINAL DESIGN,RIGHT-OF-WAY ACQUISITION,AND CONSTRUCTION
OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH BOULDER CREEK UPSTREAM OF U.S. HIGHWY 36
CITY OF BOULDER, BOULDER COUNTY
Agreement No. 18-07.01
Project No. 105856
THIS AGREEMENT, by and between URBAN DRAINAGE AND FLOOD CONTROL
DISTRICT(hereinafter called"DISTRICT")and CITY OF BOULDER(hereinafter called "CITY")and
collectively known as "PARTIES";
WITNESSETH:
WHEREAS, DISTRICT, in a policy statement previously adopted(Resolution No. 14, Series of
1970 and Resolution No. 11, Series of 1973)expressed an intent to assist public bodies which have
heretofore enacted floodplain regulation measures;and
WHEREAS,PARTIES participated in ajoint planning study titled "Final South Boulder Creek
Major Drainageway Plan—Alternative Analysis Report" by CH2M Hill,dated August 2015(hereinafter
called"PLAN");and
WHEREAS, PARTIES now desire to proceed with the design,right-of-way acquisition and
construction of drainage and flood control improvements for South Boulder Creek upstream of U.S.
Highway 36(hereinafter called"PROJECT");and
WHEREAS, DISTRICT has adopted at a public hearing a Five-Year Capital Improvement
Program(Resolution No.60, Series of 2017)for drainage and flood control facilities in which PROJECT
was included in the 2018 calendar year;and
WHEREAS,DISTRICT has heretofore adopted a Special Revenue Fund Budget for calendar year
2018 subsequent to public hearing(Resolution No. 55, Series of 2017)which includes funds for
PROJECT;and
WHEREAS,DISTRICT's Board of Directors has authorized DISTRICT financial participation for
PROJECT(Resolution No.42,Series of 2018);and
WHEREAS,the City Council of CITY and the Board of Directors of DISTRICT have authorized,
by appropriation or resolution,all of PROJECT costs of the respective PARTIES.
NOW,THEREFORE, in consideration of the mutual promises contained herein,PARTIES hereto
agree as follows:
1. SCOPE OF THIS AGREEMENT
This Agreement defines the responsibilities and financial commitments of PARTIES with respect
to PROJECT.
2. SCOPE OF PROJECT
A. Final Desien. PROJECT shall include the final design of improvements in accordance with
the recommendations defined in PLAN. Specifically,the final design of facilities shall
lstrwm%agrmnt118\180701 1
extend from approximately U.S. Highway 36 upstream to the easterly extension of West
Moorhead Circle,as shown on Exhibit A.
B. Rieht-of-Way Delineation and Acquisition. Right-of-way for the improvements as set forth
in the final design and an estimate of costs for acquisition shall be determined. Maps,parcel
descriptions,and parcel plats shall also be prepared.
C. Construction. PROJECT shall include construction by CITY of the drainage and flood
control improvements as set forth in the final design and vegetation establishment.
3. PUBLIC NECESSITY
PARTIES agree that the work performed pursuant to this Agreement is necessary for the health,
safety,comfort,convenience,and welfare of all the people of the State,and is of particular benefit
to the inhabitants of PARTIES and to their property therein.
4. PROJECT COSTS AND ALLOCATION OF COSTS
A. PARTIES agree that for the purposes of this Agreement PROJECT costs shall consist of and
be limited to the following:
1. Final design services;
2. Delineation,description and acquisition of required rights-of-way/easements;
3. Construction of improvements;
4. Contingencies mutually agreeable to PARTIES.
B. It is understood that PROJECT costs as defined above are not to exceed$240,000 without
amendment to this Agreement.
PROJECT costs for the various elements of the effort are estimated as follows:
ITEM AMOUNT
1. Final Design $ 240,000
2. Right-of-way $ -0-
3. Construction $ -0-
4. Contingency $ -0-
Grand Total $ 240,000
This breakdown of costs is for estimating purposes only. Costs may vary between the
various elements of the effort without amendment to this Agreement provided the total
expenditures do not exceed the maximum contribution by all PARTIES plus accrued
interest,if applicable.
C. Based on total PROJECT costs,the maximum percent and dollar contribution by each party
shall be:
Percentage Maximum
Share Contribution
DISTRICT 50.00% $120,000
CITY 50.00% $120,000
TOTAL 100.00% $240,000
lstreamlagrmn018U 80701 2
5. MANAGEMENT OF FINANCES
As set forth in DISTRICT policy(Resolution No. 11, Series of 1973,Resolution No.49,Series of
1977,and Resolution No.37,Series of 2009),the funding of a local body's one-half share may
come from its own revenue sources or from funds received from state,federal,or other sources of
funding without limitation and without prior DISTRICT approval.
Within 30 days of request for payment by CITY, DISTRICT shall remit to CITY 50%of these
costs attributed to PROJECT,up to DISTRICT's full share of$120,000. CITY shall provide a
periodic accounting of PROJECT funds as well as a periodic notification to DISTRICT of any
unpaid obligations.
6. FINAL DESIGN
The contracting officers for PARTIES,as defined under Paragraph 13 of this Agreement,shall
select an engineer mutually agreeable to both PARTIES. CITY shall contract with selected
engineer and shall supervise and coordinate the final design including right-of-way delineation
subject to approval of the contracting officer for DISTRICT. Payment for final design services
shall be made by CITY as the work progresses from the PROJECT fund established as set forth
above.
Final design services shall consist of,but not be limited to,the following:
A. Preparation of a work plan schedule identifying the timing of major elements in the design;
B. Delineation of required right-of-way/easements;
C. Preparation of detailed construction plans and specifications;
D. Preparation of an estimate of probable construction costs of the work covered by the plans
and specifications;
E. Preparation of an appropriate construction schedule.
CITY shall provide any written work product by the engineer to DISTRICT.
7. RIGHT-OF-WAY
CITY,with DISTRICT assistance,shall be responsible for acquiring, subject to approval of
DISTRICT,such land or interests in land needed to implement construction of the drainage and
flood control improvements as defined herein. The cost to be shared by PARTIES for right-of-way
acquisition may include relocation costs of existing occupants. Appraisal costs and costs
associated with condemnation(including outside legal costs)will also be considered a PROJECT
cost. Right-of-way acquisition by negotiation and/or the exercise of eminent domain shall be in
full compliance with the laws of the State of Colorado. In addition,the right-of-way acquired shall
be in the name of CITY and the conveyancing document shall be promptly recorded in the records
of the Clerk and Recorder of Boulder County. CITY shall serve as the paying agency.
A. Coordination of Right-of-Way Acquisition. Cost sharing by PARTIES will be based on
supporting documentation such as formal appraisals,reasonable relocation cost settlements,
legal description of the property,and other information deemed appropriate to the
acquisition. Furthermore,cost sharing will be only for the properties,or portions thereof,
Istr amagrmntl&180701 3
approved by PARTIES to be needed for the drainage and flood control portions of
PROJECT. Request for such approval shall include appraisals of property, legal description
of the property,and other information deemed appropriate to the acquisition by PARTIES to
this Agreement. CITY shall purchase the right-of-way only after receiving prior approval of
DISTRICT,and such purchases shall be made with PROJECT funds.
B. Payment for Right-of-Way Acquisition. Following purchase or receipt of executed
memorandum of agreement between CITY and property owner for the needed right-of-way
that commits the property owner to sell property to CITY at a price certain and on a date
certain,CITY shall so advise DISTRICT and request payment as provided above.
DISTRICT shall make payment within 30 days of receipt of request accompanied by the
information set forth above.
C. Ownership of Property and Limitation of Use. CITY shall own the property either in fee or
non-revocable easement and shall be responsible for same. It is specifically understood that
the right-of-way is being used for drainage and flood control purposes. The properties upon
which PROJECT is constructed shall not be used for any purpose that will diminish or
preclude its use for drainage and flood control purposes. CITY may not dispose of or
change the use of the properties without approval of DISTRICT. If, in the future,CITY
disposes of any portion of or all of the properties acquired upon which PROJECT is
constructed pursuant to this Agreement;changes the use of any portion or all of the
properties upon which PROJECT is constructed pursuant to this Agreement;or modifies any
of the improvements located on any portion of the properties upon which PROJECT is
constructed pursuant to this Agreement;and CITY has not obtained the written approval of
DISTRICT prior to such action,CITY shall take any and all action necessary to reverse said
unauthorized activity and return the properties and improvements thereon,acquired and
constructed pursuant to this Agreement,to the ownership and condition they were in
immediately prior to the unauthorized activity at CITY's sole expense. In the event CITY
breaches the terms and provisions of this Paragraph 7.0 and does not voluntarily cure as set
forth above, DISTRICT shall have the right to pursue a claim against CITY for specific
performance of this portion of the Agreement.
DISTRICT may,subsequent to the recording by CITY of any document transferring title or
another interest to property acquired pursuant to this Agreement to CITY,record a
memorandum of this Agreement(Exhibit B),specifically a verbatim transcript of Paragraph
7.C.Ownership of Property and Limitation of Use except for this sub-paragraph which shall
not be contained in the memorandum. The memorandum shall reference by legal description
the property being acquired by CITY and shall be recorded in the records of the Clerk and
Recorder of Boulder County immediately following the recording of the document
transferring title or another interest to CITY. CITY authorizes the recording of that
lstreamlagrmn11IM]80701 4
memorandum and acknowledges that the same is meant to encumber the property with its
restrictions.
8. MANAGEMENT OF CONSTRUCTION
A. Costs. Construction costs shall consist of those costs as incurred by the most qualified
contractor(s)including detour costs, licenses and permits,utility relocations,and
construction related engineering services as defined in Paragraph 4 of this Agreement.
B. Construction Manaeement and Payment
1. CITY,with the concurrence of DISTRICT,shall administer and coordinate the
construction-related work as provided herein.
2. CITY,with concurrence of DISTRICT,shall select and award construction
contract(s).
3. CITY shall require the contractor to provide adequate liability insurance that includes
DISTRICT. The contractor shall be required to indemnify DISTRICT. Copies of the
insurance coverage shall be provided to DISTRICT.
4. CITY,with assistance of DISTRICT,shall coordinate field surveying;staking;
inspection;testing;acquisition of right-of-way;and engineering as required to
construct PROJECT. CITY,with assistance of DISTRICT, shall assure that
construction is performed in accordance with the construction contract documents
including approved plans and specifications and shall accurately record the quantities
and costs relative thereto. Copies of all inspection reports shall be furnished to
DISTRICT on a weekly basis. CITY shall retain an engineer to perform all or a part
of these duties.
5. CITY,with concurrence of DISTRICT,shall contract with and provide the services of
the design engineer for basic engineering construction services to include addendum
preparation;survey control points;explanatory sketches;revisions of contract plans;
shop drawing review;as-built plans;weekly inspection of work;and final inspection.
6. PARTIES shall have access to the site during construction at all times to observe the
progress of work and conformance to construction contract documents including plans
and specifications.
7. CITY shall review and approve contractor billings. CITY shall remit payment to
contractor based on billings.
8. CITY,with concurrence of DISTRICT,shall prepare and issue all written change or
work orders to the contract documents.
9. PARTIES shall jointly conduct a final inspection and accept or reject the completed
PROJECT in accordance with the contract documents.
10. CITY shall provide DISTRICT a set of reproducible"as-built" plans.
C. Construction Change Orders. In the event that it becomes necessary and advisable to change
the scope or detail of the work to be performed under the contract(s),such changes shall be
\stream\agrmn1\I8\180701 5
rejected or approved in writing by the contracting officers. No change orders shall be
approved that increase the costs beyond the funds available in the PROJECT fund, including
interest earned on those funds,unless and until the additional funds needed to pay for the
added costs are committed by all PARTIES.
9. MAINTENANCE
PARTIES agree that CITY shall own and be responsible for maintenance of the completed and
accepted PROJECT. PARTIES further agree that DISTRICT,at CITY's request,shall assist CITY
with the maintenance of all facilities constructed or modified by virtue of this Agreement to the
extent possible depending on availability of DISTRICT funds. Such maintenance assistance shall
be limited to drainage and flood control features of PROJECT. Maintenance assistance may
include activities such as keeping flow areas free and clear of debris and silt, keeping culverts free
of debris and sediment, repairing drainage and flood control structures such as drop structures and
energy dissipaters,and clean-up measures after periods of heavy runoff. The specific nature of the
maintenance assistance shall be set forth in a memorandum of understanding from DISTRICT to
CITY,upon acceptance of DISTRICT's annual Maintenance Work Program.
DISTRICT shall have right-of-access to right-of-way and storm drainage improvements at all times
for observation of flood control facility conditions and for maintenance when funds are available.
10. FLOODPLAIN REGULATION
CITY agrees to regulate and control the floodplain of South Boulder within CITY in the manner
prescribed by the National Flood Insurance Program and prescribed regulations thereto as a
minimum.
PARTIES understand and agree, however,that CITY cannot obligate itself by contract to exercise
its police powers. If CITY fails to regulate the floodplain of South Boulder Creek within CITY in
the manner prescribed by the National Flood Insurance Program and prescribed regulations thereto
as a minimum,DISTRICT may exercise its power to do so and CITY shall cooperate fully.
11. TERM OF AGREEMENT
Despite the date that this Agreement is signed by PARTIES,the term of this Agreement shall
commence upon the earlier of the date of final execution by all PARTIES or December 31 of the
year that it is tendered to CITY for execution and shall terminate three(3)years after the final
payment is made to the construction contractor and the final accounting of funds on deposit at
DISTRICT is provided to all PARTIES pursuant to Paragraph 5 herein,except for Paragraph 10.
FLOODPLAIN REGULATION, Paragraph 7.C.Ownership of Property and Limitation of Use,and
Paragraph 9. MAINTENANCE,which shall run in perpetuity.
12. LIABILITY
Each party hereto shall be responsible for any suits,demands,costs,or actions at law resulting
from its own acts or omissions and may insure against such possibilities as appropriate.
\stmamlagrmnA 1 M 180701 6
13. CONTRACTING OFFICERS
A. The contracting officer for CITY shall be the City Manager, Post Office Box 791, Boulder,
Colorado 80306.
B. The contracting officer for DISTRICT shall be the Executive Director,2480 West 26th
Avenue, Suite 156B, Denver, Colorado 80211.
C. The contracting officers for PARTIES each agree to designate and assign a PROJECT
representative to act on the behalf of said PARTIES in all matters related to PROJECT
undertaken pursuant to this Agreement. Each representative shall coordinate all
PROJECT-related issues between PARTIES,shall attend all progress meetings, and shall be
responsible for providing all available PROJECT-related file information to the engineer
upon request by DISTRICT or CITY. Said representatives shall have the authority for all
approvals,authorizations, notices or concurrences required under this Agreement. However,
in regard to any amendments or addenda to this Agreement,said representative shall be
responsible to promptly obtain the approval of the proper authority.
14. RESPONSIBILITIES OF PARTIES
CITY shall be responsible for coordinating with DISTRICT the information developed by the
various consultants hired by CITY and for obtaining all concurrences from DISTRICT needed to
complete PROJECT in a timely manner. DISTRICT agrees to review all concept plans,
preliminary design plans,and final plans and specifications;and to provide comments within 21
calendar days after the drafts have been provided by CITY to DISTRICT.
15. AMENDMENTS
This Agreement contains all of the terms agreed upon by and among PARTIES. Any amendments
to this Agreement shall be in writing and executed by PARTIES hereto to be valid and binding.
16. SEVERABILITY
If any clause or provision herein contained shall be adjudged to be invalid or unenforceable by a
court of competent jurisdiction or by operation of any applicable law,such invalid or unenforceable
clause or provision shall not affect the validity of the Agreement as a whole and all other clauses or
provisions shall be given full force and effect.
17. APPLICABLE LAWS
This Agreement shall be governed by and construed in accordance with the laws of the State of
Colorado. Jurisdiction for any and all legal actions regarding this Agreement shall be in the State
of Colorado and venue for the same shall lie in the county where PROJECT is located.
18. ASSIGNABILITY
No party to this Agreement shall assign or transfer any of its rights or obligations hereunder
without the prior written consent of the nonassigning party or parties to this Agreement.
19. BINDING EFFECT
The provisions of this Agreement shall bind and shall inure to the benefit of PARTIES hereto and
to their respective successors and permitted assigns.
%streamtagrmnt1181180701 7
20. ENFORCEABILITY
PARTIES hereto agree and acknowledge that this Agreement may be enforced in law or in equity,
by decree of specific performance or damages,or such other legal or equitable relief as may be
available subject to the provisions of the laws of the State of Colorado.
21. TERMINATION OF AGREEMENT
This Agreement may be terminated upon thirty (30)days' written notice by any party to this
Agreement, but only if there are no contingent, outstanding contracts. If there are contingent,
outstanding contracts,this Agreement may only be terminated upon the cancellation of all
contingent,outstanding contracts. All costs associated with the cancellation of the contingent
contracts shall be shared between PARTIES in the same ratio(s)as were their contributions.
22. PUBLIC RELATIONS
It shall be at CITY's sole discretion to initiate and to carry out any public relations program to
inform the residents in PROJECT area as to the purpose of PROJECT and what impact it may have
on them. Technical information shall be presented to the public by the selected engineer. In any
event DISTRICT shall have no responsibility for a public relations program, but shall assist CITY
as needed and appropriate.
23. NO DISCRIMINATION IN EMPLOYMENT
In connection with the performance of work under this Agreement, PARTIES agree not to refuse to
hire,discharge,promote or demote,or to discriminate in matters of compensation against any
person otherwise qualified because of race,color, ancestry,creed, religion, national origin,gender,
age,military status,sexual orientation,marital status,or physical or mental disability and further
agree to insert the foregoing provision in al l subcontracts hereunder.
24. APPROPRIATIONS
Notwithstanding any other term,condition,or provision herein,each and every obligation of CITY
and/or DISTRICT stated in this Agreement is subject to the requirement of a prior appropriation of
funds therefore by the appropriate governing body of CITY and/or DISTRICT.
25. NO THIRD PARTY BENEFICIARIES
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
PARTIES,and nothing contained in this Agreement shall give or allow any such claim or right of
action by any other or third person on such Agreement. It is the express intention of PARTIES that
any person or party other than any one of PARTIES receiving services or benefits under this
Agreement shall be deemed to be an incidental beneficiary only.
26. ILLEGAL ALIENS
PARTIES agree that any public contract for services executed as a result of this intergovernmental
agreement shall prohibit the employment of illegal aliens in compliance with §8-17.5-101 C.R.S.et
seq. The following language shall be included in any contract for public services:
lstreamlagrmnt118\180701 8
A. At the time of execution of this Agreement,CONTRACTOR does not knowingly employ or
contract with an illegal alien who will perform work under this Agreement.
B. CONTRACTOR shall participate in the E-Verify Program,as defined in§ 8 17.5-101(3.7),
C.R.S.,to confirm the employment eligibility of all employees who are newly hired for
employment to perform work under this Agreement.
C. CONTRACTOR shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement.
D. CONTRACTOR shall not enter into a contractor with a subconsultant or subcontractor that
fails to certify to CONTRACTOR that it shall not knowingly employ or contact with an
illegal alien to perform work under this Agreement.
E. CONTRACTOR shall confirm the employment eligibility of all employees who are newly
hired for employment to perform work under this Agreement through participation in the E-
Verify Program.
F. CONTRACTOR is prohibited from using the E-Verify Program procedures to undertake
pre-employment screening of job applicants while performing its obligation under this
Agreement,and that otherwise requires CONTRACTOR to comply with any and all federal
requirements related to use of the E Verify Program including,by way of example,all
program requirements related to employee notification and preservation of employee rights.
G. If CONTRACTOR obtains actual knowledge that a subconsultant or subcontracctor
performing work under this Agreement knowingly employs or contract with an illegal alien,
it will notify such subconsultant or subcontractor and PARTIES within three(3)days.
CONTRACTOR shall also then terminate such subconsultant or subcontractor if within three
(3)days after such notice the subconsultant or subcontractor does not stop employing or
contracting with the illegal alien,unless during such three(3)day period the subconsultant
or subcontractor provides information to establish that the subconsultant or subcontractor has
not knowingly employed or contracted with an illegal alien.
H. CONTRACTOR shall comply with any reasonable request made in the course of an
investigation by the Colorado Department of Labor and Employment under authority of§ 8-
17.5-102(5),C.R.S.
1. CONTRACTOR shall, within twenty days after hiring an employee who is newly hired for
employment to perform work under this Agreement,affirms that it has examined the legal
work status of such employees,retained file copies of the documents required by 8 U.S.C.
Section 1324a,and not altered or falsified the identification documents for such employees.
CONTRACTOR shall provide a written,notarized copy of the affirmation to PARTIES.
27. GOVERNMENTAL IMMUNITIES
PARTIES hereto intend that nothing herein shall be deemed or construed as a waiver by any party
of any rights, limitations,or protections afforded to them under the Colorado Governmental
lstna W agrmn0I M 180701 9
Immunity Act(§24-10-101,et seq.,C.R.S.)as now or hereafter amended or otherwise available at
law or equity.
28. INTENT OF AGREEMENT
Except as otherwise stated herein,this Agreement is intended to describe the rights and
responsibilities of and between PARTIES and is not intended to and shall not be deemed to confer
rights upon any person or entities not named as PARTIES,nor to limit in any way the powers and
responsibilities of the CITY,the DISTRICT or any other entity not a party hereto.
29. EXECUTION IN COUNTERPARTS—ELECTRONIC SIGNATURES
This Agreement,and all subsequent documents requiring the signatures of PARTIES to this
Agreement,may be executed in two or more counterparts,each of which shall be deemed an
original,but all of which shall constitute one and the same instrument. PARTIES approve the use
of electronic signatures for execution of this Agreement,and all subsequent documents requiring
the signatures of PARTIES to this Agreement. Only the following two forms of electronic
signatures shall be permitted to bind PARTIES to this Agreement,and all subsequent documents
requiring the signatures of PARTIES to this Agreement.
A. Electronic or facsimile delivery of a fully executed copy of a signature page;or.
B. The image of the signature of an authorized signer inserted onto PDF format documents.
Documents requiring notarization may also be notarized by electronic signature,as provided
above. All use of electronic signatures shall be governed by the Uniform Electronic Transactions
Act,CRS §§24-71.3-101 to-121.
Wwam�agrmnd 181180703 10
WHEREFORE,PARTIES hereto have caused this instrument to be executed by properly
authorized signatories as of the date and year written below.
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
r
By
Name Ken A. MacKenzie
hecC ked By
Title Executive Director
gOII P Date SS /Z—I
V
t0
W v CITY OF BOULDER
(SEA r B4
8Ll
ATTEST: Title City Manager a
Date f/d.l,l/a. l d r Zo�71
City GICA,
na ce a r
APP D AS TO FO
City At mey's Office
\sveam\agrmnt\18/180701 I I
AGREEMENT REGARDING
FINAL DESIGN,RIGHT-OF-WAY ACQUISITION,AND CONSTRUCTION
OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH BOULDER CREEK UPSTREAM OF U.S. HIGHWY 36
CITY OF BOULDER BOULDER COUNTY
Agreement No. 18-07.01
Project No. 105856
Exhibit A
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Project Limits Floodplain Flow Direction
SAMPLE
AGREEMENT REGARDING
FINAL DESIGN,RIGHT-OF-WAY ACQUISITION,AND CONSTRUCTION
OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR
SOUTH BOULDER CREEK UPSTREAM OF U.S. HIGHWY 36
CITY OF BOULDER,BOULDER COUNTY
Agreement No. 18-07.01
Project No. 105856
Exhibit B
MEMORANDUM
This MEMORANDUM is entered into this day of ,20_by and
between URBAN DRAINAGE AND FLOOD CONTROL DISTRICT,a quasi-governmental entity,
whose address is 2480 West 26th Avenue,Suite 156-B,Denver,Colorado 80211 (hereinafter called
"DISTRICT")and ,a governmental entity,whose address is
(hereinafter called "CITY")and collectively known as
"PARTIES";
WHEREAS,PARTIES entered into"Agreement Regarding Final Design, Right-of-Way
Acquisition and Construction of Drainage and Flood Control Improvements for
," Agreement No. on or about
20_,(hereinafter called"AGREEMENT");and
WHEREAS,AGREEMENT is unrecorded,however PARTIES have agreed in AGREEMENT to
record this MEMORANDUM in the records of the Clerk and Recorder of
State of Colorado, in order to put all who inquire on notice of AGREEMENT and in particular
Paragraph 7.0 of AGREEMENT;and
WHEREAS, in AGREEMENT, PARTIES agreed to participate equally(up to a maximum of
$ each)in the cost of the construction of drainage and flood control improvements for
within CITY boundaries which include
(hereinafter called
'PROJECT");and
WHEREAS,construction of PROJECT may require the acquisition by CITY of real property;and
WHEREAS,AGREEMENT further provides that CITY will own all real property required to
construct the improvements and that CITY ownership of that real property shall be subject to the terms
and conditions of AGREEMENT and in particular Paragraph 7.0 of AGREEMENT;and
WHEREAS, Paragraph 7.0 of AGREEMENT provides in appropriate part as follows:
"7.C. Ownership of Property and Limitation of Use. CITY shall own the property either in fee or
non-revocable easement and shall be responsible for same. It is specifically understood that
the right-of-way is being used for drainage and flood control purposes. The properties upon
which PROJECT is constructed shall not be used for any purpose that will diminish or
preclude its use for drainage and flood control purposes. CITY may not dispose of or
change the use of the properties without approval of DISTRICT. If, in the future,CITY
disposes of any portion of or all of the properties acquired upon which PROJECT is
constructed pursuant to this Agreement,changes the use of any portion or all of the
properties upon which PROJECT is constructed pursuant to this Agreement,or modifies any
of the improvements located on any portion of the properties upon which PROJECT is
constructed pursuant to this Agreement,and CITY has not obtained the written approval of
DISTRICT, prior to such action,CITY shall take any and all action necessary to reverse said
unauthorized activity and return the properties and improvements thereon,acquired and
constructed pursuant to this Agreement,to the ownership and condition they were in
immediately prior to the unauthorized activity at CITY's sole expense. In the event CITY
breaches the terms and provisions of this Paragraph 7.0 and does not voluntarily cure as set
forth above, DISTRICT shall have the right to pursue a claim against CITY for specific
performance of this portion of the Agreement.";and
WHEREAS, CITY has just acquired the real property described in Exhibit Z attached hereto and
incorporated herein by reference,as if set forth verbatim herein, pursuant to the terms and conditions of
AGREEMENT for the construction of PROJECT;and
WHEREAS, PARTIES intend that the terms and provisions of AGREEMENT, including but not
limited to Paragraph 7.0 of AGREEMENT set forth verbatim above,shall apply to and control the real
property described in Exhibit Z.
IT HAS BEEN AGREED previously in AGREEMENT by and between PARTIES that the terms
and provisions of AGREEMENT, including but not limited to Paragraph 7.0 of AGREEMENT set forth
verbatim above shall apply to and control the real property described in Exhibit Z,now owned by CITY
and that this MEMORANDUM be placed of record for the purposes of encumbering the real property
described in Exhibit Z with the limitations and restrictions set forth in this MEMORANDUM.
This MEMORANDUM is not a complete summary of AGREEMENT. Provisions in this
MEMORANDUM shall not be used in interpreting AGREEMENT's provision. In the event of conflict
between this MEMORANDUM and the unrecorded AGREEMENT,the unrecorded AGREEMENT shall
control.
URBAN DRAINAGE AND
FLOOD CONTROL DISTRICT
(SEAL) By
ATTEST: Title Executive Director
Date
STATE OF COLORADO )
ss.
CITY OF )
Subscribed and swom to before me this day of 20_,by
WITNESS my hand and official seal.
(SEAL)
Notary Public
My Commission Expires