Loading...
IGA; Urban Drainage & Flood Control District; Gregory Canyon Creek drainage/flood control improvements Contract Tracking> Thank You Page 1 of 1 OFFICE OF THE CITY ATTORNEY STANDARD AUG 29 2018 Contract Routing Cover Sheet To: Please print and attach to your document You can view the status of your contract using the Contract Tracking Status Pace. Routing Number 20180828-4520 Originating Dept Public Works Contact Person Christin Shepherd Phone Number 303-441-1889 Project Manager/ Contract Christin Shepherd E-mail shepherdc2@bouldercolorado,gov Administrator Counter Parties Urban Drainage&Flood Control District Contract Title/Type Agreement Regarding IMC Control Improvements for Gregory Canyon Creek •lo• Number Description Agreement for UDFCD funding contribution towards final design, right-of-way acquisition and construction of improvements Special Instructions Originating party of agreement is UDFCD.Two copies are included for signature. Please sign and return both copies to Christin Shepherd (Park Central, 2nd Floor). When final signatures are returned from UDFCD, a copy will be routed to Central Records, --- -� Amount $250,000 Expense Type INCOMING • Dept. Head Signature NOTE; Originating Dpart ent: entify with a check mark all areas document needs to be routed. - .~ RdN(AC1 dQ • City Manager • Central Records �� wri1�J�/t L Contract Tracking Home I Signature Routinq Form I Track Contract Status I Update Contract Status 1 1 Ca cv https://work.bouldercolorado.gov/ContraetTracking/servlct/Controller 8/28/2018 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT 6 2480 West 261h Avenue, Suite 156B —Denver, Colorado 80211 PH: 303-455-6277 FAX: 303-455-7880 O C TRANSMITTAL LETTER Christin Shepherd, P.E. City of Boulder Public Works 1739 Broadway Boulder, CO 80302 Date: September 24, 2018 Subject: Signed IGA The items listed below are Transmitted herewith for: Approval Information/Files Action/Further Processing x Return Review/Comments Corrections/Revisions Signature(s) Other: Returned herewith: Approved Approved As Noted For Revision and Resubmittal Disapproved x Other: your files COPIES DESCRIPTION DATE 1 Signed IGA 9/24/18 Comments: Hi Christin, Here is your copy of the signed Gregory IGA 1: By. yr Jim/Watt, P.E. Pr Ject Manager Watershed Services iwatt( udfcd.org \standards4mismittal(2/02) • I�u4���2 Ceti l AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION,AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR GREGORY CANYON CREEK FROM ARAPAHOE AVENUE TO PENNSYLVANIA AVENUE CITY OF BOULDER Agreement No. 18-07.02 Project No. 107151 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 a joint planning study titled "Gregory Canyon Creek Flood Mitigation Plan" by CH2M,dated December 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 Gregory Canyon Creek from Arapahoe Avenue to Pennsylvania Avenue(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. 41, 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 Design. PROJECT shall include the final design of improvements in accordance with the recommendations defined in PLAN. Specifically,the final design of facilities shall extend from approximately Arapahoe Avenue to Pennsylvania Avenue, as shown on Exhibit A. \stream\agrmn\1 8\1 80702 I B. Right-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 constriction by DISTRICT 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 $500,000 without amendment to this Agreement. PROJECT costs for the various elements of the effort are estimated as follows: ITEM AMOUNT 1. Final Design $ 200,000 2. Right-of-way $ -0- 3. Construction $ 300,000 4. Contingency $ -0- Grand Total $ 500.000 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 50.009/o $250,000 CITY 50.00% $250,000 TOTAL 100.00% $500,000 \stream\agrmn\18\180702 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. Payment of each party's full share(CITY- $250,000; DISTRICT- $250,000) shall be made to DISTRICT subsequent to execution of this Agreement and within 30 days of request for payment by DISTRICT. The payments by PARTIES shall be held by DISTRICT in a special fund to pay for increments of PROJECT as authorized by PARTIES, and as defined herein. DISTRICT shall provide a periodic accounting of PROJECT funds as well as a periodic notification to CITY of any unpaid obligations. Any interest earned by the monies contributed by PARTIES shall be accrued to the special fund established by DISTRICT for PROJECT and such interest shall be used only for PROJECT upon approval by the contracting officers (Paragraph 13). Within one year of completion of PROJECT if there are monies including interest earned remaining which are not committed, obligated, or disbursed, each party shall receive a share of such monies,which shares shall be computed as were the original shares; or, at CITY request, CITY share of remaining monies shall be transferred to another special fund held by DISTRICT. 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. DISTRICT 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 CITY. Payment for final design services shall be made by DISTRICT 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. DISTRICT shall provide any written work product by the engineer to CITY. 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 \stream\agrmn\18\180702 3 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. DISTRICT 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, 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-Wgy 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 TC 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. \stream\a@rmnV 8\180702 4 DISTRICT may, subsequent to the recording by CITY of any doculnent 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 TC. Ownership of PropeM 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 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 Management and Payment 1. DISTRICT,with the concurrence of CITY, shall administer and coordinate the construction-related work as provided herein. 2. DISTRICT, with concurrence of CITY, shall select and award construction contract(s). 3. DISTRICT shall require the contractor to provide adequate liability insurance that includes CITY. The contractor shall be required to indemnify CITY. Copies of the insurance coverage shall be provided to CITY. 4. DISTRICT,with assistance of CITY, shall coordinate field surveying; staking; inspection; testing; acquisition of right-of-way; and engineering as required to construct PROJECT. DISTRICT,with assistance of CITY, 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 fumished to CITY on a weekly basis. DISTRICT shall retain an engineer to perform all or a part of these duties. 5. DISTRICT,with concurrence of CITY, 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. \stream\agrmnV 8\180702 5 7. DISTRICT shall review and approve contractor billings... DISTRICT shall remit payment to contractor based on billings. 8. DISTRICT,with concurrence of CITY, 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. DISTRICT shall provide CITY 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 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 Gregory Canyon Creek 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 Gregory Canyon 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 \stream\agrmn\I8\180702 6 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. 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 DISTRICT shall be responsible for coordinating with CITY the information developed by the various consultants hired by DISTRICT and for obtaining all concurrences from CITY needed to complete PROJECT in a timely manner. CITY 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 DISTRICT to CITY. 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. (stream\agrmnit 8\180702 7 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 CITY where PROJECT is located. 18. ASSTGNABTLTTY 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. 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 tinder 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 all 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. lstreamlagrmrr.18i180702 8 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: 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. Istreamlagrmn\18\180702 9 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)1 C.R.S. I. 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 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. WHEREFORE, PARTIES hereto have caused this instrument to be executed by properly authorized signatories as of the date and year written below. \s?ream\agrmrr t 8\180702 10 URBAN DRAINAGE AND FLOOD CONTROL DISTRICT By Name Ken A. MacKenzie Checked By Title Executive Director Date 1 CITYOFBOULDER (SEAL) ATTEST: Title City Manner Lo:t�'V Date 3L,;& 5 , ` -c 9 City Clalrk,o4+,el f-erf-tdae 4treeter-of �rarce-and R�eeerdj APPR AS TO FO City A mey's Office \stream\aBmn118\180702 I I AGREEMENT REGARDING FINAL DESIGN,RIGHT-OF-WAY ACQUISITION,AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR GREGORY CANYON CREEK FROM ARAPAHOE AVENUE TO PENNSYLVANIA AVENUE CITY OF BOULDER Agreement No. 18.07.02 Project No. 107151 Exhibit A v 80U7dBr r e no Is n C7 JA ' V GEHRack Project Limits Floodplain 7� Flow Direction SAMPLE AGREEMENT REGARDING FINAL DESIGN, RIGHT-OF-WAY ACQUISITION,AND CONSTRUCTION OF DRAINAGE AND FLOOD CONTROL IMPROVEMENTS FOR GREGORY CANYON CREEK FROM ARAPAHOE AVENUE TO PENNSYLVANIA AVENUE CITY OF BOULDER Agreement No. 18-07.02 Project No. 107151 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 Prooerry 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 sworn to before me this day of 20_,by WITNESS my hand and official seal. (SEAL) Notary Public My Commission Expires